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HomeMy WebLinkAboutCUP 09-008Tt~STII Inter-Com '~ DATE: MAY 11, 2009 TO: ZONING ADMINISTRATOR FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CONDITIONAL USE PERMIT 09-008 PROPERTY GMT PROSPECT LLC OWNER: c/o GREGORY SCOTT TELSON 17300 17T" STREET, J-421 TUSTIN, CA 92780 APPLICANT: DAVID M. VELA THE TUTORING CENTER 7229 E. LA CUMBRE DRIVE ORANGE, CA 92869 LOCATION: 14041 PROSPECT AVENUE ASSESSOR PARCEL NUMBER: 401-381-02 GENERAL PLAN: PLANNED COMMUNITY COMMERCIAL/BUSINESS ZONING: PC-COMM (PLANNED COMMUNITY COMMERCIAL) ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO THE PROVISIONS OF SECTION 15301 (CLASS 1 - EXISTING FACILITIES) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT REQUEST: TO ESTABLISH AN EDUCATIONAUTUTORING FACILITY AT A TENANT SUITE IN AN EXISTING COMMERCIAL BUILDING RECOMMENDATION That the Zoning Administrator adopt Zoning Administrator Action (ZAA) 09-002 approving Conditional Use Permit (CUP) 09-008 authorizing the establishment of a tutoring center in an existing tenant suite. Zoning Administrator Report CUP 09-008 Page 2 BACKGROUND The applicant is requesting approval to provide educational/tutoring services at a tenant suite in an existing commercial building located at 14041 Prospect Avenue (Attachment A -Location Map). Instructional uses such as martial arts studios, music schools, and tutoring centers have been determined to be permitted in commercial areas, subject to the approval of a conditional use permit. The Tustin General Plan land use designation of Planned Community Commercial/Business allows for a variety of service uses such as public service uses and public/institutional facilities. Pursuant to Tustin City Code (TCC) Section 9299b(3)(e), the Zoning Administrator is authorized to consider requests for minor conditional use permits for existing development where there would be no change of occupancy or primary use, no expansion of floor area, and the request does not alter the original intent of the project/site. As such, the proposed project meets all criteria to merit Zoning Administrator review of Conditional Use Permit 09-008. DISCUSSION Site and Surrounding Properties The project site is an approximately 5.5 acre shopping center located at the southwest corner of 17th Street and Prospect Avenue known as Pinewood Plaza. The site is currently improved with approximately 60,000 square feet of commercial and office space. The property is located in the Planned Community Commercial zoning district, and the site is surrounded by commercial buildings to the west, professional offices to the east, and residential areas to the north and south. Project Description The applicant is proposing to operate an education/tutoring facility at 14041 Prospect Avenue (Attachment B -Submitted Plans). The faculty is composed of the applicant and two other instructors. The applicant has indicated that instructors will instruct one-on-one, one-on-two, or in small groups (maximum six students) per session, and that sessions are offered every hour. According to the submitted floor plan, only one classroom is proposed for instructional use. Proposed Condition 2.2 requires each class to conclude with sufficient time for attendees of the prior class to vacate the site prior to arrival of attendees of the next class. The types of instruction that may be offered at the facility include mathematics, reading, writing, study skills, and test-taking skills. The proposed business hours are as follows: Zoning Administrator Report CUP 09-008 Page 3 Business Hours Sunday Monday Tuesday Wednesday Thursday Friday Saturday Closed 2:30 p.m. - 7:30 . m. 2:30 p.m. - 7:30 . m. 2:30 p.m. - 7:30 . m. 2:30 p.m. - 7:30 . m. Closed Closed Therefore, proposed Condition 2.3 limits the hours of operation to 2:30 p.m. - 7:30 p.m. Monday through Thursday, and closed Friday through Sunday. Parking The project proposal is to operate an instructional facility at an existing commercial building. Per Tustin City Code Section 9263G, commercial (general retail) uses require one (1) space for each 250 square feet of gross floor and instructional uses require one (1) space for every three (3) students at maximum capacity of each classroom, plus one space for each faculty member and employee. Since the facility will be located at an existing development, the amount of available parking will dictate the maximum enrollment at any given time. The number of total parking spaces at the commercial center is 236 spaces. Based on the total square footage of the entire commercial center, the project site is allotted five (5) parking spaces. The maximum number of faculty/staff members and students permitted in the facility at any given time will be limited based on the five (5) available stalls, as follows: • Two (2) faculty or staff members AND nine (9) students; OR • Three (3) faculty or staff members AND six (6) students; OR • Any combination thereof using the ratios of one (1) parking space/instructor or staff member and one (1) parking space/three (3) students. The applicant has indicated in a submitted business plan that the maximum class size is six (6) students per classroom; staff has advised the applicant that the condition of approval (Condition 2.1) will restrict maximum occupancy of the facility based on the available parking. Therefore, as conditioned, the existing parking provided on-site is sufficient to accommodate the proposed instructional facility. ANALYSIS In determining whether to approve the Conditional Use Permit, 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. A decision to approve this request may be supported by the following findings: 1. Instructional schools have been determined to be permitted in commercial areas, subject to the approval of a conditional use permit. Zoning Administrator Report CUP 09-008 Page 4 2. The request does not change the occupancy or primary use, expand the floor area, or alter the original intent of the project/site. 3. As conditioned, sufficient parking for the use is ensured by limiting the maximum number of faculty/staff members and students at the facility at any given time. 4. As conditioned, the tutoring facility would generally operate between the hours of 2:00 p.m. and 7:30 p.m., which is consistent and compatible with the hours of operation for other commercial uses in the area. ~~~~ Edmelynne V. Huffer Associate Planner Attachments: A. Location Map B. Submitted Plans C. Parking Summary D. Zoning Administrator Action (ZAA) 09-002 \\Cot-second\cdd-rda\Cdd\ZAREPORT12009\CUP 09-008 (Tutoring).doc ATTACHMENT A LOCATION MAP Location Map CUP 09-008 ~~ ,; ~~ i ~ 6 o ~ r i ~ E `__ ~ I ~~ - 17TH STREET -" I -- w a > its d ~_ ~ W b - ~ VANDENBERGLANE O <j a. ,G` -~ ,~ , r, ; a-;_,_ --- kR ~A ` .. _ I U ~~ ~ 14041 PROSPECT AVENUE ~ ~ / ~ ~ ~ r € ~ ~ ~~ ~ ~ ~ ~~:~- ~E ~~~~ ~ / ~ ~ ~",~ _ ?'F-- - ~ };- r: ` ~ ~~~ `~ ~~ s ,._:- r _ ~ ~~ i~ ti ~.-~ _ 'r~ ~~` ,~~' ,€ ,, ~_,, .>,~ ~~a i ~y ~~ _. ,f~ ~a" ~ _ ~~~., r., •, .' ~ j ~ dI ~ l~r E ~~ . .: ~ `+y ~ - ` r . ~~ ~~: j'.~ `^4 f r ~ .ti ~ti ~ ~ ATTACHMENT B SITE PLAN AND FLOOR PLAN ,,,. .~r-.oca r • - -• . ~r ....,., 9 ,a .4~. ~aµ ara~. ~ ra 11~ ~~rd ~'~ .sic ;yvl , .• '8 - -----~~ .~ i .xtF ~~ ~N A - ` a - ,r ~..~ ~ { ~_ ~ ~' ~ o r ~ ~- a ~ a .. }d z d i a ~ ~ ~ z x M • -- ~ 1 ~ r .. ~~ . ~:~„ r~~ N / ~ ~ J `.... - `. ~ ~ , z ~` ~. ~-. wino. sla /«~ sAavol ~ > ~ ~-' ~ ~ !~( i ~. ! • W ~ ][ ~~ _ _ ~~i - ,~ ~ ~ ~ ,r ~ ~~~~~ . - I .,~h6 ~Ujj 2 ~. . J ~ / ~ _ y ~ so ~ a ~ ~ .~ ~ . .arol-~., ... g -, '}mss h„au.J ~ ~- s .- • -. ~ ~ a / ~ . .'~ >rMao~ssarsy - .A~ ~71ira1 ~ nnK7 -/ I .. - ~ ~ ~ ~ ~ -• ~ '' ~ ~, -t ~= 53'-0" Center o Bathroom Conference/ Employee ~ Director's ~ Lounge z'-s"x6'-s" Works ace Office P ,~1'-if 5'-1"- -6"x '8" 2 0"~- 13'-0"-~~ 13'-2"~ N O 15'-0" ~i' T-6"--- 0 N Reception Area Classroom 1 3' "x 6'-8 5'-0"x 5'-0" 5'-0" x 5'-0" 5'-0"x 5'-0" 5'-0"x 5'-0" 3' "x 6'-8 3' 1 "x 6'-8 5'-0"x 5'-0" - _ {. ~2'-10"~- 10'-10"- 8'-3" ; -3" 6'-0" 5'-10"~~3'-9"~~5'-6" 3'-9"~ 53'-0" Gu P oq - 008 1~ 0~! 1 T'ROSP+E~'i' A~• ATTACHMENT C PARKING SUMMARY O N O ~ M ~ 00 M ~' -a ~ v N L ~ L ~ ~ ~ s p' N v ~ L ~ ~ c ~ Y ,[ L L (d a F- N L U N 'p O L O v '~ }+ M .~ ~ ~' U O h0 ~ Q d C . ~ N OA ~ O O O O O O ~ N ~ d to tf') tf') to tf) t17 N ~ N tE N N N N N N U C O ~' L a L a L a L m L a L a (Q Q " °" a v , ~ E o m ~ ~ ~ ~-- ~ ~ N N F- N ~ O ~ O ~ O O M s- N N N Q O A L v C _ V1 O ~ -~ W- ~ N m ~ ~ N p ~ ~ U F- lD ~ ~ 41 C C C ~ m ~ ~ ~ "- p O O C O ~ O ~ ~ L ~ O. T ~ ~' ~ N U N (""' m Y C O U Y L ~ N ~' N ~ rn ~ ~ m (0 cn O m Q a a c '~ ~ N N T N ~ E o i- ~ ~ Z ~ ~ c Q vi (6 ` f6 V ~ U 0 C C N N ~ m is ~ U ca U d ~ Y ~ ~ 'C Q1 ~ a c a ~ ~ L ° c ~ O cq ~ ~ E o ~ U ~ + ~ U m ~ U H on c O Y O t0 z O O d N > ~ 'Q L N L ~ L L L ~ ~ E ~ C C C Q Q C Q M~ 4! O ~ .. ~ i N ~ N U U N U ~ v i c c c ~ ~. ~ v~ ~ ~ o. a a c ~° -a > > > ~ ~ ~ ~ U~ Q Q ~ ~ ~ o o ~ o - ~ cn cn ~ a. cn ~ ~ 00 ~, ~ N N N N v~ ~ ~ ~ ~ (II p ( D C O ~ ~ O 1` 1` d' d' V O d ~- ~- r ~- r F- ATTACHMENT D ZONING ADMINISTRATOR ACTION 09-002 ZONING ADMINISTRATOR ACTION 09-002 CONDITIONAL USE PERMIT 09-008 14041 PROSPECT AVENUE The Zoning Administrator of the City of Tustin does hereby resolve as follows: The Zoning Administrator finds and determines as follows: A. That a proper application for Conditional Use Permit (CUP) 09-008 was filed by David Vela, of The Tutoring Center, requesting authorization to establish an educational/tutoring facility in one-story commercial building located at 14041 Prospect Avenue. B. That the proposed land use is consistent with the Tustin City Code and General Plan. The site is zoned Planned Community Commercial (PC COMM) and the land use is designated by the General Plan as Planned Community Commercial/Business, which allow for a variety of commercial uses. Instructional schools have been determined to be conditionally permitted in commercial areas. The project is consistent with the Air Quality Sub-element of the City of Tustin General Plan. C. That pursuant to Tustin City Code (TCC) Section 9299b(3)(e), the Zoning Administrator is authorized to consider requests for minor conditional use permits for existing development where there would be no change of occupancy or primary use, no expansion of floor area, and the request does not alter the original intent of the project/site. The proposed project meets all criteria to merit Zoning Administrator review of Conditional Use Permit 09-008. D. That a public hearing was duly called, noticed, and held for Conditional Use Permit 09-008 on May 11, 2009, by the Zoning Administrator. E. 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 neighborhood of such proposed use, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin in that: 1. Instructional schools have been determined to be permitted in commercial areas, subject to the approval of a conditional use permit. 2. The request does not change the occupancy or primary use, expand the floor area, or alter the original intent of the project/site. 3. As conditioned, sufficient parking for the use is ensured by limiting the maximum number of faculty/staff members and students at the facility at any given time. Zoning Administrator Action 09-002 CUP 09-008 May 11, 2009 Page 2 4. As conditioned, the tutoring facility would generally operate between the hours of 2:00 p.m. and 7:30 p.m., which is consistent and compatible with the hours of operation for other commercial uses in the area. F. This project is Categorically Exempt pursuant to Section 15301 (Class 1 - Existing Facilities) of Title 14, Chapter 3 of the Guidelines for the California Environmental Quality Act. II. The Zoning Administrator hereby approves Conditional Use Permit 09-008 authorizing the establishment of an educational/tutoring facility in an existing one- story commercial building located at 14041 Prospect Avenue, subject to conditions attached hereto. PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular meeting held on the 11th day of May, 2009. DANA L. OGDON ACTING ZONING ADMINISTRATOR ELOISE HARRIS RECORDING SECRETARY STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ELOISE HARRIS, the undersigned, hereby certify that I am the Recording Secretary of the Zoning Administrator of the City of Tustin, California; that Zoning Administrator Action No. 09-002 was passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 11th day of May, 2009. ELOISE HARRIS RECORDING SECRETARY EXHIBIT A CONDITIONAL USE PERMIT 09-008 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped on the date of approval, 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 09-008 is contingent upon the applicant and properly owner signing and returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the property 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 issuance of an administrative citation pursuant to TCC 1162(a). (1) 1.6 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) 1.7 Conditional Use Permit 09-008 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. The Community Development Director shall review the use to ascertain compliance with conditions of approval. If the use is not operated in accordance with Conditional Use Permit 09-008, or is found to be a nuisance or negative impacts are affecting the surrounding tenants or SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Exhibit A ZA Action 09-002 CUP 09-008 Page 2 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) 1.8 As a condition of approval of Conditional Use Permit 09-008 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 filed against the City and to fully cooperate in the defense of any such 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 at any given time shall be as follows: • Two (2) instructors or staff members AND nine (9) students; OR • Three (3) instructors or staff members AND six (6) students; OR • Any combination thereof using the ratios of one (1) parking space/instructor or staff member and one (1) parking space/three (3) students. Any request to modify the maximum number of students and/or instructors shall require the applicant to provide property owner permission, a parking summary of the site showing the additional parking spaces, and shall be subject to the Community Development Director approval. (1) 2.2 Each class shall be concluded with sufficient time for attendees of the prior class to vacate the site prior to arrival of attendees of the next class. (***) 2.3 Hours of operation are limited to the following: • Monday -Thursday: 2:30 p.m. to 7:30 p.m. • Friday -Sunday: Closed The hours may be modified administratively subject to review and approval by the Community Development Director if it is determined that no impacts to the surrounding tenants or properties will occur. Exhibit A ZA Action 09-002 CUP 09-008 Page 3 (***) 2.4 No loitering outside the tenant suite shall be allowed. Class attendees shall remain inside while waiting for class or to be picked up. Staff members shall supervise and be responsible for waiting attendees (1) 2.5 All activities shall comply with the City's Noise Ordinance. (1) 2.6 If a parking problem is observed by a representative of the City, the applicant shall submit a study prepared by a traffic engineer and perform or install interim and permanent mitigation measures to be reviewed and approved by the Community Development Department. (1) 2.7 If the use is wholly discontinued for any reason for a period of one (1) year or more or replaced with a different permitted or conditionally permitted use, the use shall be conclusively presumed to be abandoned and any future tutoring facility in the subject space would require a new conditional use permit. The year shall not include time of discontinued use due to a valid order of a court of law or due to building repair under a building permit. BUILDING (1) 3.1 At the time of building permit application, the plans shall comply with the latest State and the City Tustin adopted Codes: 2007 California Building Code (CBC), 2007 California Mechanical Code (CMC), 2007 California Plumbing Codes (CPC), 2007 California Electrical Code (CEC), California Title 24 Accessibility Regulations, 2007 Title 24 Energy Regulations, City Ordinances, and State and Federal laws and regulations At the time of plan submittal provide: • Four (4) set of plans including building, electrical, mechanical, and plumbing plans. • Two sets of structural calculations (when applicable). • Two sets of Title 24 energy calculations for outdoor lighting (when applicable). (1) 3.2 Vehicle parking, primary entrance(s) and paths of travel to the site and building, receptionist space, sanitary facilities, drinking fountain, and public telephones shall be accessible to persons with disabilities; and shall be shown on the plans. Truncated domes shall be required at locations specified in section 113368.5 and 11276.5 (7) of the 2007 CBC. (1) 3.3 Parking for disabled persons shall be provided with an additional five (5) foot loading area with striping and ramp; disabled persons shall be able to park and access the building without passing behind another car. At least one (1) Exhibit A ZA Action 09-002 CUP 09-008 Page 4 accessible space shall be van accessible served by a minimum 96 inch wide loading area. FEES (2) 4.1 Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashier's 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 significantly lengthened. (1) 4.2 Prior to issuance of any permits, the applicant shall pay all applicable Building plan check and license permit fees to the Community Development Department.