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Home My WebLink AboutCUP 07-026Inter-Com ` DATE: FEBRUARY 11, 2008 ~.= ' 4 TO: ZONING ADMINISTRATOR - FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CONDITIONAL USE PERMIT 07-026 PROPERTY BETSY AND TONY CHING OWNER: NEXTGEN PROPERTY, LLC 44210 VIEW POINT CIRCLE FREMONT, CA 94539 APPLICANT: SEUNG HYUNG LEE TALIUM 4636 BARRANCA PARKWAY IRVINE, CA 92604 LOCATION: 2560 BRYAN AVENUE, UNIT C GENERAL PLAN: PLANNED COMMUNITY COMMERCIAUBUSINESS ZONING: PLANNED COMMUNITY MIXED USE (PCMU) ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1j PURSUANT TO THE PROVISIONS OF SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. REQUEST: TO ESTABLISH A MARTIAL ARTS STUDIO (TAE KWON DO) IN AN EXISTING 1,600 SQUARE FOOT TENANT SPACE AT 2560 BRYAN AVENUE, UNIT C. RECOMMENDATION That the Zoning Administrator adopt Zoning Administrator Action No. 08-002 approving Conditional Use Permit 07-026 to conditionally permit a 1,600 square foot martial arts studio at 2560 Bryan Avenue, Unit C. BACKGROUND Pursuant to the January 2, 1992, Use Determination, a martial arts facility is a conditionally permitted use in the PCMU zoning district. Zoning Administrator Report CUP 07-026 Page 2 Site and Surrounding Properties The site is generally located on the southeast comer of Tustin Ranch Road and Bryan Avenue at 2560 Bryan Avenue, Unit C, within an existing commercial center in the Planned Community Mixed Use (PCMU) Zoning District (Attachment A -Location Map). The site surroundings include a Costco Warehouse to the south, a Sears Department store and retail stores to the west, and residential dwellings across Bryan Avenue and a flood control channel to the north and east. (Attachment B -Site Plan) DISCUSSION ProLct Description The applicant is requesting to establish a Tae Kwon Do martial arts studio for up to ten (10) students and one (1) instructor within an existing 1,600 square foot vacant tenant suite. The applicant proposes minor tenant improvements to the space such as modifying and adding wall partifions and sound barrier walls. (Attachment B -Floor plans) No exterior modifications are proposed. The proposed business hours are from 10:00 AM to 9:00 PM Monday through Saturday and closed on Sunday, which is consistent with other businesses in the area. E` Parking and Traffic There are thirty-one (31) parking spaces located on the property.- The proposed project tenant suite is allocated with six (6) parking spaces. The proposed use would require five (5) parking spaces based upon the proposed ten (10) students and one (1) instructor at the ratio of one (1) parking space for each instructor and one (1) parking space for every three (3) students. Therefore, there are adequate number of parking spaces to accommodate the proposed use. The Engineering Division has reviewed the project and determined that the use would not likely create any immediate traffic impacts or concerns. ANALYSIS In determining whether to approve Conditional Use Permit 07-026, the Zoning Administrator must determine whether or not the proposed use will be detrimental to the health, safety, morals, comfort, and general welfare of the persons residing in or working in the neighborhood or whether it will be injurious or detrimental to property or improvements in the vicinity or to the welfare of the City. Zoning Administrator Report CUP 07-026 Page 3 A decision to approve this request may be supported by the following findings: 1. The proposed use, as conditioned, would not be detrimental to surrounding properties in that the use would occur entirely within the building and the number of instructors and students and scope of operations for the proposed use can be supported by the existing building and site design, and would be compatible with the uses on the surrounding properties. 2. The proposed use is not anticipated to result in parking impacts since the total number of instructors and students in the classes would be limited to the available on-site parking by providing one (1) space for every instructor and one (1) space per three (3) students, which is the typical ratio used for instructional schools throughout the City. 3. The proposed use, as conditioned, would not create a noise impact on the surrounding neighborhood since the classes would be limited to indoor only and would be required to comply with the Tustin Noise Ordinance and General Plan Noise Element. 4. The proposed use will not be detrimental to the surrounding properties in that the hours of operation of the classes would be consistent with the general business hours of other business within the surrounding vicinity. ,~ Ed V. Huffer Associ Planner Attachments: A. Location Map B. Site Plan C. Floor Plan D. ZA Action 08-002 S:\Cdd\ZAREPORT12008\CUP07-026 (Mafia) Arts).docx ATTACHMENT A LOCATION MAP /~~ /'. ~~~~: ~~ ta.fw a.. - .bf.~ ,r r. ~~ ~~- ,•... _ f ~~~~ :: /,; ;, ~_.~ ~; ,.: k ~i TUS1'IY1t -- ~E~ CITY •~~•~ nnMOn Wlf ~..~_~ p1~lYlfl~W m :~ ~~ ~~ ~. ~~~ ATTACHMENT B SITE PLAN ;. 1~r7• ~3rvre N~JfnJ ~ .. !~ 't~ .. .. . ,. ; F - ~. -1 i _ /~" ._._._._._.~r~~._ _.~_._._._._._.~~ ~ W ;` -.._.._... 3 i7rrw -N3aa~ ~) ` . ~! 1 +I ~ ~ t r ~. . .' -.- - ~ . _ ...n ~ - ~.-.- ~ _ ~t } f I :__ Y ~ : E ` E'.r•.. .:` ' ~ ~1''_c~'~~ t -_ - - x y i ~ IFf 1~ = i ~! ~i 11 S ~1~ r _• ~ ~ • n ~ r ~pi y p` Y ' 1 i t ~~.~ .y ~ ~ I . _ •, ~ N. 141 y •; ~! ~~1f M W u y. Q - • • • .r •.• • •.~ ! a.l ~• ~~~4 . T \• ~- • • • ~ .•.• . • • •~ is/~•I •~~•. ~w' • ~~wu .. ~ ... ........'•A• I ! r • ~ ~' n jf :i ~i T _ t i i ~ ! i ~ • • i~ 1 rf• .• ~- t ~ ~ . .. ~ l as .+_--«-~-~-.+-.i-+• .~~ • _ ~: ~ ~ ry111 ii ~ ~ ~ St~~ 1 ~! t f •( 1. u i ..'ter ! .... .. is ........... ............ _ .. .... ... T~........ __ ~' O-W w,7rrr ~uSnt ~` __ _ _ 1 -~ ! M 7 O/ f ~ r E i ~ Q ~ :rijl ~ ~~ ~l ,. .j. ~!;~~ k:i ~;~.~ Ifw'- !; 1 i ~ ;~~~~ .."'. .~ M ~ ~ ~ • ~• ~• r~••Y • ~ t~ _ DEC-20-007 11,19 AM ~~ d w Z Z ~t Z !~ V / m N to ^~ W P, 3 f ``~ Jamboree Properties 949 752 8228 1 ~~ ATTACHMENT C FLOOR PLAN ~z 30 i j - ~I,' 1 ~~I. CUP 07-026: Floor Plan 3 2 ~i ~< /o ----~1F--" S --.-CIE---- y ---~I ~--- 7 ATTACHMENT D E '`~' ZONING ADMINISTRATOR ACTION 08-002 ZONING ADMINISTRATOR ACTION 08-002 CONDITIONAL USE PERMIT 07-026 2560 BRYAN AVENUE, UNIT C The Zoning Administrator of the City of Tustin does hereby resolve as follows: The Zoning Administrator finds and determines as follows: A. A proper application was filed by Seung Hyung Lee requesting authorization to locate a martial arts studio for a maximum ten (10) students and one (1) instructor, in an existing tenant space at 2560 Bryan Avenue, Unit C. B. The site is designated as Planned Community Commercial/Business by the City General Plan and is zoned Planned Community Mixed Use (PCMU). The project is consistent with the Air Quality Sub- element of the City of Tustin General Plan. C. The site is improved with an existing commercial retail building part of an existing commercial center with larger stores such as Costco Warehouse and Sears Department store. The proposed use would occupy a vacant retail space. D. On January 9, 1992, a use determination was made that determined that establishment of a martial arts studio in a PCMU -- district required approval of a conditional use permit . E. That a public hearing was duly called, noticed, and held for Conditional Use Permit 07-026 on February 11, 2008, by the Zoning Administrator. F. That the establishment, maintenance, and operation of the proposed use will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighbofiood of such proposed use, nor be injurious or detrimental to the property and improvements in the neighbofiood of the subject property, or to the general welfare of the City of Tustin in that: 1. The proposed use, as conditioned, would not be detrimental to surrounding properties in that the use would occur entirely within the building and the number of instructors and students and scope of operations for the proposed use can be supported by the existing building and site design, and, as conditioned, would be compatible with the uses on the surrounding properties. Zoning Administrator Action 08-002 CUP 07-026 Page 2 2. The proposed use is not anticipated to result in parking impacts since the total number of instructors and students in the classes would be limited to the available on-site parking by providing one (1) space for every instructor and one (1) space per three (3) students, which is the typical ratio used for instructional schools throughout the City. 3. The proposed use, as conditioned, would not create a noise impact on the surrounding neighborhood since the classes would be limited to indoor only and would be required to comply with the Tustin Noise Ordinance and General Plan Noise Element. 4. The proposed use will not be detrimental to the surrounding properties in that the hours of operation of the classes would be consistent with the general business hours of other businesses within the surrounding vicinity. G. This project is Categorically Exempt pursuant to Section 15301 (Class 1) of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Zoning Administrator hereby approves Conditional Use Permit 07-026 `~ authorizing a 1,600 square foot martial arts studio located at 2560 Bryan Avenue, Unit C, subject to the conditions contained within Exhibit A, attached hereto. PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin, at a regular meeting on the 11th day of February, 2008. ELIZABETH BINSACK ZONING ADMINISTRATOR ELOISE HARRIS RECORDING SECRETARY F~ STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Eloise Hams, the undersigned, hereby certify that I am the Zoning Administrator Secretary of the City of Tustin, California; that Zoning Administrator Action 08-002 was duly passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 11th day of February, 2008. ELOISE HARRIS RECORDING SECRETARY EXHIBIT A ZONING ADMINISTRATOR ACTION 08-002 CONDITIONAL USE PERMIT 07-026 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped February 11, 2008, on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Director of Community Development may also approve subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code. (1) 1.2 This approval shall become null and void unless the use is established within twelve (12) months of the date of this Exhibit. Time extensions may be granted if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.3 All conditions in this Exhibit shall be complied with prior to the start of classes or as specified, subject to review and approval by the Community Development Department. `~ (1) 1.4 Approval of Conditional Use Permit 07-026 is contingent upon the applicant and property owner signing and returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the properly owner signing and recording with the County Clerk-Recorder a notarized "Notice of Discretionary Permit Approval and Conditions of Approval" form. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. (1) 1.5 Any violation of any of the conditions imposed is subject to the payment of a civil penalty of $100.00 for each violation, or such other amounts as the City Council may establish by ordinance or resolution, and for each day the violation exists, subject to the applicable notice, hearing, and appeal process as established by the City Council ordinance. (***) 1.6 Conditional Use Permit 07-026 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director, to ensure compatibility with the area and compliance with the conditions contained herein. If the use is not operated in accordance with Conditional Use Permit 07-026, or is found to be a nuisance or negative impacts are affecting the ~' SOURCE CODES (1) STANDARD CONDITION (5j (2) CEQA MITIGATION (6) (3) UNIFORM BUILDING CODES (7) (4) DESIGN REVIEW *** RESPONSIBLE AGENCY REQUIREMENT LANDSCAPING GUIDELINES PC/CC POLICY EXCEPTION Conditions of Approval Exhibit A CUP 07-026 Page 2 surrounding tenants or neighborhood, the Community Development Director shall impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the Conditional Use Permit. (1) 1.7 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. (1) 1.8 As a condition of approval of Conditional Use Permit 07-026, the applicant shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision-making body, including staff, concerning this project. The City agrees to promptly notify the applicant of any such claim or action. The City may, at its sole cost and expense, elect to participate in defense of any such action under this condition. USE RESTRICTIONS (***) 2.1 The maximum number of students and instructors within the facility shall '~ be ten (10) students and one (1) instructor based upon the available amount of parking in the center, at a ratio of one (1) parking space per instructor and one (1) parking space for every three (3) students. Any request to increase student and/or instructor numbers shall require the project proponent to provide property owner permission, a parking summary of the center showing surplus parking spaces exist, and shall be subject to the Community Development Director approval. The maximum occupant load permitted by CUP 07-026 shall be posted on the wall by the exit door in a conspicuous location and may not exceed posted occupant load at any time. (1) 2.2 The hours of operation may be from 10:00 AM to 9:00 PM Monday through Saturday, and closed on Sundays. Any change to the schedule of classes shall be reviewed by the Community Development Director and may be approved if no adverse impacts are anticipated. (1) 2.3 All activities shall comply with the City of Tustin Noise Ordinance. (1) 2.4 No loitering in the parking area or walkways is allowed in association with E', the use. Conditions of Approval Exhibit A CUP 07-026 Page 3 (1) 2.5 Each class shall be concluded to provide sufficient time for attendees of the prior class to vacate the site prior to arrival of attendees of the next class. (1) 2.6 If in the future the City determines that a parking, traffic, or noise problem exists on the site or in the vicinity as a result of the facility, the Community Development Director may require the applicant to prepare a parking demand analysis, traffic study, or noise analysis for which the applicant shall bear all associated costs. If said study indicates that there is inadequate parking or a traffic or noise problem, the applicant shall be required to provide mitigation measures to be reviewed and approved by the Community Development Department and/or Public Works Department. Said mitigation measures may include, but are not limited to, the following: a. Adjust hours of operation. b. Reduce client enrollment. BUILDING (1) 3.1 At the time of building permit application, the plans shall comply with the 2007 Califomia Building Code (CBC), 2007 California Mechanical Code (CMC), 2007 California Plumbing Codes (CPC), 2007 Califomia Electrical Code (CEC), Califomia Title 24 Accessibility Regulations, 2007 Title 24 Energy Regulations, City Ordinances, and State and Federal laws and regulations. (1) 3.2 The plans submitted shall indicate that restrooms are accessible to persons with disabilities as per State of Califomia Accessibility Standards (Title 24). Plumbing fixture units are required to comply with the 2007 Califomia Plumbing Code Chapter Four (4) Table 4-1 as per type of group occupancy, or as approved by the Building Official. (1) 3.3 Vehicle parking, primary entrance to the building, the primary paths of travel, cashier space, sanitary facilities, drinking fountain, and public telephones shall be accessible to persons with disabilities and shall be shown on the plans. (1) 3.4 The applicant shall apply and receive an approval for a new Certificate of Use and Occupancy for conversion of the existing retail use (M) Occupancy to Martial Arts Studio (B) Occupancy. FEES (1) 4.1 Prior to issuance of any permits, the applicant shall pay all applicable Building plan check and license permit fees to the Community Development Department. Conditions of Approval Exhibit A CUP 07-026 Page 4 (1,5) 4.2 Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashiers check payable to the COUNTY CLERK in the amount of fifty dollars ($50.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period the applicant has not delivered to the Community Development Department the above-noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be sign~cantly lengthened.