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Home My WebLink AboutPC RES 3827 6 7 8 9 10 13 16 18 19 20 21 22 23 24 25 26 27 28 29 RESOLUTION NO. 3827 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, DENYING USE DETERMINATION 02- 001 DETERMINING THAT INSTRUCTIONAL FACILITIES ARE PROHIBITED WITHIN THE IRVlNE INDUSTRIAL COMPLEX PLANNED COMMUNITY, A REQUEST TO ESTABLISH A TUTORIAL FACILITY 2680 WALNUT AVENUE, UNIT AB. The Planning Commission of the City of Tustin does hereby find as follows: Applications for Use Determination 02-001 and Conditional Use Permit 02-001 were filed on February 14, 2002, by Kelly Chu on behalf of the Achievement Center of Irvine, Inc. requesting that the Planning Commission determine that instructional facilities be conditionally permitted within the Irvine Industrial Complex Planned Community and approve the establishment of a tutorial facility at 2680 Walnut Avenue, Unit AB. The property is located within the "Planned Community Industrial" zoning district known as the "lrvine Industrial Complex Planned Community" and the "Planned Community Commercial/Business" land use designation of the General Plan. Instructional/tutorial facilities are not permitted or conditionally permitted by the Irvine Industrial Complex Planned Community Regulations. Pursuant to Section 9298b of the Tustin City Code, the Planning Commission is authorized to determine whether unlisted uses should be permitted, conditionally permitted, or prohibited in a particular zoning district. A public hearing by the Planning Commission was duly noticed and held on April 8, 2002. Instructional/tutorial facilities should be prohibited in the Irvine Industrial Complex Planned Community for the following reasons: Listing instructional facilities in the Irvine Industrial Complex Planned Community would adversely affect the orderly development of the area. Allowing instructional facilities in the Irvine Industrial Complex Planned Community would result in disorderly development by decreasing the amount of acreage or square footage available for industrial development. Instructional facilities are conditionally Resolution No. 3827 Page 2 6 7 8 9 13 14 16 18 19 20 21 22 23 24 25 26 27 28 29 permitted in six (6) zoning districts, including Professional (Pr), Central Commercial (C-2), Commercial General (CG), First Stree[ Specific Plan (Office Primary), Jamboree Plaza (Planning Area B), and the Planned Community Commercial (PC-COMM) bounded by Newport Avenue, Bryan Avenue, and Main Street, which comprise a total of approximately 152 acres. Adding instructional uses, thereby eliminating square footage for industrial uses, could result in an imbalance between industrial and commercial land uses. This imbalance would be exacerbated in that the planning area already provides for several non-industrial uses such as large assemblies and recreational facilities. In addition, in accordance with State law, the City must accommodate and cannot prohibit businesses that handle hazardous materials. The Irvine Industrial Complex is one of two areas (the other area being the industrial area west of Red Hill Avenue and south of Valencia Avenue) that conditionally permit these types of businesses. Allowing instructional facilities would further reduce the area available for businesses that handle hazardous materials and could potentially eliminate desirable industrial locations due to the proximity of sensitive uses, such as instructional facilities. Listing instructional facilities in the Irvine Industrial Complex Planned Community would have an adverse effect upon the public health, safety, and general welfare of the neighborhood involved and the City at large. Allowing instructional facilities in an industrial area, and particularly in inline industrial parks, where limited pedestrian facilities and quantities of hazardous materials are typically located, could negatively affect the public health, safety, and welfare of potential students and limit future industrial users from locating in Tustin's largest industrial district. The nature of industrial operations and facilities is one reason why youth-oriented uses are not generally permitted in industrial areas. Instructional facilities have the potential to negatively affect traffic conditions in industrially zoned areas. Allowing instructional facilities that generally have higher trip generation rates than industrial uses in the Irvine Industrial Complex Planned Community has the potential to negatively affect traffic conditions. Based on information from a variety of sources including the Tustin General Plan, ITE Trip General Reports, San Diego Association of Governments, and Caltrans studies, industrial uses typically generate four (4) to eight (8) trips per 1,000 square feet while educational uses typically generate eleven (11) to fourteen (14) trips per 1,000 square feet. The circulation system Resolution No. 3827 Page 3 6 7 8 9 10 12 15 17 18 19 20 21 22 23 24 25 26 27 28 29 was planned primarily to accommodate intended industrial land uses and is not designed to support a concentration of assembly uses, including instructional facilities. Adding instructional facilities to the types of recreational and assembly uses already allowed in the area may result in negative impacts on the circulation system. Instructional facilities are not consistent with the goals of the General Plan related to industrial development. The Irvine Industrial Complex is located within the "Planned Community Commercial/Business" land use designation of the General Plan. This land use designation supports the Planned Community-Industrial zoning district and provides for a variety of industrial uses that, because of the nature of their operations, are less desirable in close proximity to commercial, residential, and other sensitive uses. The introduction of instructional facilities, which are allowed in six (6) other zoning districts and planned communities comprising approximately 152 acres in the City, could decrease the amount of area or square footage available for industrial uses. As such, allowing instructional facilities would be inconsistent with Policy 1.6 of the General Plan, which states, "Ensure an adequate supply of commercial and industrial land within the City of Tustin for potential commercial and industrial expansion and development." Instructional facilities are not consistent with intent of the Irvine Industrial Complex Planned Community Regulations. At 305 acres, the Irvine Industrial Complex is the largest industrial area within the City and is intended to provide for a variety of industrial uses and support commercial uses. Instructional facilities that focus on educating youth on scholastic topics would not contribute to or support industrial uses and activities and would detract from industrial uses desiring to locate in the area. Instructional facilities are allowed elsewhere in the City. As noted previously, Instructional facilities are conditionally permitted in six (6) different areas of the City comprising a total of approximately 152 acres. Although there is a need for private instructional facilities, there are sufficient provisions for the establishment of tutorial facilities throughout the City. For example, there are a number of buildings with vacancies on Irvine Boulevard within the Professional zoning district where tutorial facilities are conditionally permitted. 2 3 4 5 6 7 8 9 12 16 18 19 20 22 23 24 25 26 27 28 29 Resolution No. 3827 Page 4 II. Allowing instructional facilities in the Irvine Industrial Complex would set a precedent for future planning actions. Allowing instructional facilities would set a precedent for allowing similar assembly facilities such as daycare centers, nursery schools, clubs, and social halls in the Irvine Industrial Complex. In addition, allowing instructional facilities may set a precedent for allowing similar facilities in other industrial districts. That the establishment, maintenance and operation of tutorial, instructional, or educational facilities cannot be approved and would be detrimental to the health, safety, morals, comfort, or general welfare of the clients of the proposed use and the community as a whole given the policy and planning issues stated above related to safety concerns regarding inadequate pedestrian facilities, drop-off and pick-up spaces, and queuing/stacking area. This project is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15270 of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act) which states that projects that are rejected or disapproved by a public agency are not subject to CEQA. The Planning Commission hereby denies Use Determination 02-001 determining that instructional facilities are prohibited within the Irvine Industrial Complex Planned Community, a request to establish a tutorial facility at 2680 Walnut Avenue, Unit AB. PASSED AND ADOPTED at a regular meeting of the Tustin Commission, held on the 8th day of April, 2002.~ ELIZABETH A. BINSACK Planning Commission Secretary Planning 6 7 8 9 10 12 13 14 15 18 19 20 21 22 23 24 25 26 27 28 29 Resolution No. 3827 Page 5 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 3827 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 8th day of April, 2002. Planning Commission Secretary