HomeMy WebLinkAbout02 UD 02-001 CUP 02-001ITEM #2
· ,eport to the
Planning Corn
DATE:
mission
APRIL 8, 2002
SUBJECT:
USE DETERMINATION 02-001 AND CONDITIONAL USE PERMIT
02-001
APPLICANT:
ACHIEVEMENT CENTER OF IRVlNE, INC.
9 G RANT
IRVINE, CA 92620
ATTN: KELLY CHU
PROPERTY
OWNER:
TUSTIN BUSINESS CENTER
14662 FRANKLIN AVENUE, UNIT B
TUSTIN, CA 92780
ATTN: REED BOWEN
LOCATION:
2680 WALNUT AVENUE, UNIT AB
ZONING:
PLANNED COMMUNITY INDUSTRIAL (PC-IND)
ENVIRONMENTAL
STATUS:
THIS PROJECT IS EXEMPT 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 CEQA
DOES NOT APPLY TO PROJECTS REJECTED OR
DISAPPROVED BY A PUBLIC AGENCY.
REQUEST:
REQUEST TO DETERMINE THAT INSTRUCTIONAL FACILITIES
BE CONDITIONALLY PERMITTED IN THE IRVINE INDUSTRIAL
COMPLEX PLANNED COMMUNITY AND TO ESTABLISH A 4,047
SQUARE FOOT TUTORIAL FACILITY.
RECOMMENDATION
That the Planning Commission adopt Resolution No. 3827 denying Use Determination 02-
001 and Conditional Use Permit 02-001.
BACKGROUND
A tutodal facility is requested to be located within the Irvine Industrial Complex Planned
Community, which is bounded by Tustin Ranch Road, Interstate 5, Myford Road, and
Edinger Avenue (Attachment A - Location Map). The planned community regulations list
Planning Commission Report
UD 02-001 and CUP 02-001
April 8, 2002
Page 2
specific permitted and conditionally permitted uses. In accordance with Tustin City Code
Section 9298b, the Planning Commission can determine use interpretations for specific
uses that are not listed within the regulations. As such, this request has been deferred to
the Planning Commission.
In addition, since instructional uses generally require conditional use permits throughout
the City in zoning districts where they are permitted uses, the applicant has submitted a
conditional use permit for concurrent consideration with the use determination. Although
staff advised the applicant that staff would not suppor/the application, the applicant chose
to submit concurrent Use Determination and Conditional Use Permit applications. While
discussed in this report, analysis and consideration of the conditional use permit is
premature given the larger land use implications and issues associated with the Use
Determination.
DISCUSSION
The following discussion describes the Use Determination and Conditional Use Permit
requests, and associated issues, separately:
Use Determination
The Irvine Industrial Complex Planned Community encompasses 305 acres and
provides for a variety of light industrial uses. The primary purpose and intent of the
Irvine industrial Complex Planned Community is to provide for general industrial uses
with support office and commercial activities. As such, most of the planning area is
designated "Industrial/Commercial"; however, three parcels on Walnut are designated
"Neighborhood/Commercial" (Attachment B - Land Use Map). The proposed tutorial
facility would be located within the Industrial/Commercial area. This area permits a
variety of light-industrial uses such as research and development, manufacturing and
warehousing facilities, and service industries such as printers, appliance repair shops,
construction industries (Attachment C- Portions of the Planned Community Regulations).
instructional facilities are not listed as permitted or conditionally permitted uses.
Through Use Determination 002-001, the applicant is requesting that the Planning
Commission determine that instructional facilities be conditionally permitted within the
lrvine Industrial Complex Planned Community. In accordance with Section 9298b of the
Tustin City Code, the Planning Commission needs to consider the following cdteria when
considering use determinations:
Effect upon the ordedy development of the area in question and the City at large,
in regard to the general planning of the whole community;
Effect upon the public health, safety, and general welfare of the neighborhood
involved and the City at large; and,
Effect upon traffic conditions.
Planning Commission Report
UD 02-001 and CUP 02-001
April 8, 2002
Page 3
These criteria and other considerations applicable to the proposed Use Determination are
discussed below:
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 permitted in six (6) zoning districts, including Professional (Pr),
Central Commercial (C-2), Commemial General (CG), First Street 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 compdse 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 pJanning 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 lrvine Industrial Complex is one
of two areas (the other area being the industrial area west o~ 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, whera 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
Planning Commission Report
UD 02-001 and CUP 02-001
April 8, 2002
Page 4
potential to negatively affect traffic conditions. Based on information from a variety
of sources including the Tustin General Plan, ITE Tdp General Reports, San Diego
Association of Govemments, and Caltrans studies, industrial uses typically
generate four (4) to eight (8) tdps per 1,000 square feet while educational uses
typically generate eleven (11) to fourteen (14) trips per 1,000 square feet. The
cimulation system 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 recraational and
assembly uses already allowed in the area may result in negative impacts on the
cimulafion system.
Instructional facilities ara 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 ara 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 ara 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.
Planning Commission Report
UD 02-001 and CUP 02-001
April 8, 2002
Page 5
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.
Based on the findings required for a use determination, the intent and purpose of the
Irvine Industrial Complex, and the fact that instructional facilities are permitted elsewhere
in the City, staff recommends that Use Determination 02-O01 be denied. Findings for
denial, based on the above discussion, are included in Resolution No. 3827 (Attachment
F).
Conditional Use Permit
The proposed tutodal facility would be located in a 4,074 square foot tenant space within
an existing industrial complex known as the Irvine Business Center (Attachment D -
Submitted Plans). As requested by the applicant, the facility would include three (3)
classrooms, offices, a library, and a storage reom. There would be a maximum of twenty-
one (21) students, three (3) teachers, five (5) general staff members, and one (1) general
office person for a total of thirty (30) persons at any one time. Classes would be held
Monday through Fdday from 3:00 p.m. to 5:00 p.m. and 5:00 p.m. to 7:30 p.m. and on
Saturdays from 8:30 a.m. to 6:30 p.m.
Based on a parking ratio of one (1) space for every three (3) students and one (1) parking
space for each staff member, the facility would need to provide sixteen (16) parking
spaces. There are 377 parking spaces available for alt uses within the Tustin Business
Center and, with the tutodal facility, a total of 305 parking spaces are required to be
provided for the existing and proposed uses. As such, there are a total of 72 excess
parking spaces, and sixteen (16) parking spaces would be available to accommodate
thirty (30) persons in the tutorial facility at any one time. Under the Uniform Building
Code, however, the facility could support a total of 86 persons, and it is reasonable to
assume that the applicant's business could expand, especially given the amount of
excess parking available. Using the excess parking for the facility would reduce the
amount of parking available for other permitted uses.
The City's Traffic Engineer has reviewed the project and determined that a maximum of
thirty (30) persons at the facility dudng the proposed operating hours would not adversely
affect the level of service on the surrounding roadways. However, this determination is
based on an analysis of one small facility for a maximum of thirty (30) persons. A larger
facility, if the proposed facility were to expand, or a concentration of similar facilities could
adversely affect traffic given that tdp generation rates for instructional facilities are higher
than industrial tdp generation rates.
Planning Commission Report
UD 02-001 and CUP 02-001
April 8, 2002
Page 6
There are limited intemal sidewalks within the parking lot and no drop-off/pick-up spaces
or queuing areas, which are typically required for uses involving youth activities. Since
the suite is located at the front of the industrial complex and a short distance from Walnut
Avenue, this could result in congestion within the parking lot and on Walnut Avenue,
especially at peak hour pedods in the afternoon. Also, without adequate sidewalks or
drep-off/pick-up areas, there could be potential safety hazards for Children walking
between vehicles stopped in the drive aisles and the facility. Allowing reduced standards
for such a facility would set a poor precedent for future applications.
Surrounding uses in the industrial complex primarily include manufacturing uses with
some warehousing and office uses. A number of these businesses use, store, or
generate hazardous materials and wasteS; In addition, there am:two (2) assembly uses
within the complex including West Coast Taekwondo and Tustin Dance Center (in two
locations), which are conditionally permitted uses. Although the Irvine Art Academy is
listed on the parking summary as an art studio and may appear to be an instructional
facility, the business was provided zoning clearance as an office and storege use only
and no classes may be offered.
The applicant has submitted a petition of support signed by a number of tenants of the
Tustin Business Center and clients of the existing tutorial center (Attachment E).
Although the tutorial facility may offer desirable services in a convenient setting, staff is
not recommending approval of the conditional use given the deficiencies of the
conditional use permit application noted above and the policy and planning issues
outlined under the Use Determination section.
Minoo AShabi
Associate Planner
Karen Peterson
Senior Planner
Attachments:
B.
C.
D.
E.
F.
Location Map
Planned Community Land Use Map
Portions of the Planned Community Regulations
Submitted Plans
Petitions
Resolution No. 3827
ATTACHMENT A
LOCATION MAP
LOCATION MAP
PROJECT NO.
ADDRESS
ATTACHMENT B
PLANNED COMMUNITY LAND USE MAP
FREEWAY
maamammma~ Irvine Industri81 Complex boundary
Neighborhood Commercial. Secti.~n
ATTACHMENT C
PORTIONS OF TI-IF~ PLANNED COMMUNITY
REGULATIONS
VI. INDUSTRIAL/C:OM M~cRI:::IAL
Purpose and Intan,t,,
I: is the intent in :bis group to allow e cm~inatton of general industry,
business and professional offices, and c~mer:tal
Minor ancillary activities assoc~a~ w~:h the above activities (~ndus~a~)
~y be ~oca:~ ~de a s:~c~re prov~ed screening re~r~en~ as
for~ ~n th~s o~n~ce are me:.
Permt :ted Uses
1. industrial/Suppor~c Commercial
a. Support Coa~:tal Group uses, s~ch ~s but no: ~t~ ~
fo~ ~ng:
~) 51uep~n=~ng, pho~s~Cfng, photo e~grav~ng, printing,
pub~sh~ng and boo~nd~ng.
~n~s~at~ve, prof~s~onal, and business offices.
~fe~a, ~fe, reS~uran:, or auditorium.
4)
Service stations.
C~mmer:ial' Sales/Werehou$ing
Industrial support facilities, 'co include activities limited
to the Sale of productS or services related only to the
Industrial Complex. Activities of a :v,~,~rcial nature will
be testricted in scope so as to service and be accessory to
the industrial C~,kdnity. Accessory uses and structures when
related and incidental'to a permitted use.
be
7) Barber shop
Ci~ht Industrial Grou~..'
l) Uses primarily engaged in researoh activities including
research laboratories, developmental laboratories, and
¢__~_~p~_~atible light manufacturing.
2) ~nufacture,-research ass~bly, testing and repair of
componentS, devices, equipment ~nd systoms and parts and
components.
B) General manufacturing and/or assembly.
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4)
Service industries which provide a sar/ice as opposed to the
to the following:
The repair and maintenance of appliances or c~nponent
parts.
Tooling
¢) Printers
d) Testing Shops
e)
Small machine shops
Repair, maintenance and servicing o¢ above list~ items
('exCluding automobile repair) providing that saqd
industries ere not ~he point of cust~ner delivery or
collection.
5) Industrtesengaged in the distribution and/or storage
or warehousing.
6) Construction indust=ies
%
7} Accessory uses and structures when relate~ and incidental
to a ~ermitted use.
$) Agriculture as a continuation of the ex~sting land use,
and all' necessary structures and appurtenances,
Netghbor~oodC~,~,erctal
Retail sal~s,~"such as, but not limited 'to: clothing, shoes, jewelry,
liquor/dell, stationery, books, fast food drive through and take-out,
hardware, appliances, pharmacy/drug store, furniture, carpets, auto
parts, etc.
Retail services suchas, but not limited to: shoe repair, dance
studio, fitness center, travel agency, escrow and real estate, in-
surance~ cate~er~ etc.
c. All uses permitted under Subsection B (1) (a) and Cb): Industrial/
Support
Planning Agency review of the location of the structures porsuant
to use permit procedures.
- 12-
Permitted Uses Subject ~o Conditional, Use,Permit ·
The following additional uses shall be permitted subject to a Use Permit
andupon the finding that the proposed use shall' be compatible with
surrounding authorized developments an~ ~be use shall not be detrimental
to the health, safety, morals, comfort and general' welfare of the persons
residing or working in the neighborhood of such proposed use. or the
welfare of the. City.
1. Transportation and Truck Terminals.
2. Utility Service Yards
2. Furniture Warehouse Sales
4. Rug and Carpet Sa'les and Distribution
B. Building product~ storage and/or sales including plumbing, lumber,
electrical and masonrysupplies.
6.' Heavy manufacturing or other uses which may be objectibnable by
reason of offensive odor, dust, n:i;~, lights, vibration, subject
to performance standards oflthe Air POllution Control Board.
7. Uses involving the storage Or handling 9f explosive or dangerous
materials.
8. Uses involving the public assembly of groups larger than 500 persons.
9. Fast Food and Take-OuT Services
lO. Automotive se~v~c~ ~,~d repair, notlto i~cludu auco.,~riv~ body and
paint establishments'and operations, provided ~hu usu occupies an
·ncire bulldin§ or d~velopR~le lot or parcel. (amundud 11-!0-89,
ard. 1035) -"
11. Private, l~do¢.r recreational uses such as batting' cages, dance studios,
gymnastic st'udios and martial arts studios.
(amended 11-21-91, ord. 1076)'
- 13 -
ATTACHMENT D
SUBMITTED PLANS
2680 Walnut Avenue, Units
Tu~tin,
.4074
RECEPTION
. iCONFERENCE,
OFF C,E
~)FFICE
OFFICE
13'-O'xl3'.0'
tT-6'x ! l'.O'
30'-6'xl8',,0'
FRONT
OFFICE
MEN.
t 2'.6'x f4'.6'
COFFEE/COPY
Achievement Center of lrvine, Inc
Tustin Business Center
2680 Walnut Avenue, Unit AB
Tustin, CA 92680
Usage of office space
Reception Area - 22'x16' Temporary waiting area for parents and students
Lounge & Library- 23'x26'6" Library and open area for students during
recess time
Storage - 30'6"x18' Storage for books, files, copy papers, etc
Will build a corodor
Restrooms- Women's restroom 10'x7', Men's restroom 10'x7'
Both are equipped with handicapped bars and comply with
city's single-accommodation toilet facilities requirement
Offices
t. 10'x12' Office for manager, 1 person
2. 14'x16' Will be subleased to AMGP [NC (Global Net Telephone Card
Company Orange County Branch, company document attached), I person
3. 12'6"x18'6" Conference room for weekly staff meeting , bi-weekly
teach~ meeting. Counseling room
4. 12'6"x13' Office for editing and publishing, 2 persons
5. 12'x10'6" Accounting office, 1 person
6. 13'x13' Director's office, 1 person
Tutoring Rooms
7. 12'6"x11' 4-7 students, 1 teacher
8. 12'6"x10'6" 4-7 students, 1 teacher
9. 12'6"x14' 4-7 students, 1 teacher
10. 13'x18' Kitchen and copy room
· ;. Maximum configuration at one time: about 30 people
Since 1987
,Tustin I ronch
2680 Walnut Ave, SteAB, Tustin~ Phone: (714) 556-0688
( In Tustin Business Center, Cross Street: Franklin )
Wc~o~it¢: www. ACIinstituto.net
Smaller Class (4-7 students), Better Attention !!!
Saturday Chines:
· 8:SOAM-IO:~OAM SAT II (lO~h - 12th
S~ ~ Biolo~ ,Che~ ~d Ph~cs 14n-1
$ 10:~AM-I~:3~M-~!~ & W~
J~or Wring (4~-6~ ~es)
l~or Wring n (6~-8* ~)
Mv~ wfi~ (9~42a ~d~)
10:30~ -1:00PM ~ee T~ ~d ~y~a ~e~ w~k.
1:30 PM 4:00 PM Test r~ew & V~fl CI~s
4:00 PM 4:30 PM Tea r~ew &
l :$~M-4:~ ~ W~:
~ ~th (4'~ ~es), MSim (7~-8~ ~des), ~m~
4:~-6:~ ~a~ Cl~ :
~sh E~e~t Pro~ (4m 4~ ~), PS~ (7~-9m ~)
Weekday Chss:
Enol~ ish:
Mon& Wed 3:00 - 5:00 PM
EEPI (4~-5~)
EEP II ( 5t~ -7~ )
v_y_~m (6~-8~)
Mon& Wed 5:00 - 7:00 PM
PSm (8~-9'' )
vs~r (9~- 10~ )
R~4zdinq & WH~in~ (2~- ]~ )
Fyi 3:00 - 5:00 PM
Junior Writing (4t~-6~h Grades)
junior Writ~ n (6~-8~ Grad=s)
Advanced Writing (9t~-12m Grades)
* Math Workshop
Tue & Thu
C-enend Math
Pre-Algebm
Algebra I
Algebra II/Trig
Pre-Calculus
3:00 - 5:00 PM
$:00 - 5:00 PM
i=ri 5:00 - 7:30 PM
SAT T=m (1o~-1;~ Grades)
ATTACHMENT E
PETITIONS
To Whom It May Concern:
I am a single father of two daughters age 8 and 10. My wife left me about three years
ago and put me in debts. I filed bankruptcy and tried to restart my catering business. Because
of the long working hours, I couldn't take care of my daughters. I sent them to babysitter's
house, found tutor for th~m and sent them to learning center, but it didn't work out. My
daughters cried and complained every night, making me guilty and worried.
I met Kelly, director of ACI Academy Costa Mesa Branch, at my daughters' Sunday
Chinese School. She is also a teacher at the Chinese School. I told her my ~,ughters' problem
and my economic difficulty. She agreed to help me immediately. She gave me great discount
on the tuition, what is more, she told me I didn't have to pay her until I did better on my
business.
My dm,ghters completely changed when they started to go to ACI. They loved to go to
ACI, Kelly, the staff and the teachers at ACI are helpful and friendly. Kelly did not only help
my daughters on their homework, she also cared about their attitude and feelings. She spent a
lot of her private time to discuss with nm about my daughters behavior. Being a single dad,
sometimes I didn't know howto communicate with my daughters. Kelly make a bridge for me.
My daughters stayed at ACI for about 2 years. My elder one is a straight A studem
and my second one is geXting into the GATE program. I want to th,nlc Kelly for all she has
done for my family. She is not just doing business. She devotes to education. Through her
learning center, she reach her hdping hands to the people need help.
I believe it is a blessing th~ there is Kelly and ACI in our community.
Sineerdv. ~
To Whom It May Concern:
I am a single mother of two with a limited inCOme. My children needed assistance with
their schoolwork, and through recommendations from friends, I came to ACI Costa Mesa
Branch. Kelly, the director, warm-heartedly assisted me and patiently listened to my problem.
After Kelly was aware of my financial situation, she lowered the tuition cost to a minimum
price well within my budget. She even tried to encourage my son by agreeing to waive his
tuition fees if he received a 1400 on his SAT. If it were anywhere else, I'm afraid that my
children would not have been able to get the help they required.
My children, Dana and Ronald have attended ACI for about two years. Under the
guidance and support from ACI, Ronald is now attending Cal Poly-Pomona. As for my
daughter Dana, her math skills have greatly improved in the past years. She is currently in
eighth grade, and from ACI, she has acquired greater confidence in her own abilities. All their
accomplishments can be accredited to ACI and Kelly.
A~CI is definitely a place every community should have. It is not only a business. The
director, teachers and staff in ACI are devoted to education. They have helped my children
improve their learning skills and they are willing to compromise with anyone who is in
financial trouble. There's no where else besides ACI where you can find such kind and
generous people to provide your children with a safe and warm learning environment.
Sincerely,
Jane Lin
ATTACHMENT F
RESOLUTION NO. 3827
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RESOLUTION NO. 3827
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TUSTIN, CALIFORNIA, DENYING USE DETERMINATION 02-
001 DETERMINING THAT INSTRUCTIONAL FACILIITES ARE
PROHIBITED WITHIN THE IRVINE INDUSTRIAL COMPLEX
PLANNED COMMUNITY AND DENYING CONDITIONAL USE
PERMIT 02-001, 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
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Resolution No. 3827
Page 2
industrial development. Instructional facilities are conditionally
permitted in six (6) zoning districts, including Professional (Pr),
Central Commercial (C-2), Commercial General (CG), First Street
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 compdse
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
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fourteen (14) trips per 1,000 square feet. The circulation system
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,
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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 a tutorial facility
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 and the deficiencies in the conditional use permit application
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 and denies Conditional Use Permit 02-001, a request to
establish a tutorial facility at 2680 Walnut Avenue, Unit AB.
PASSED AND ADOPTED at a regular meeting of the Tustin Planning
Commission, held on the 8th day of April, 2002.
DOUGLASS S. DAVERT
CHAIRPERSON
ELIZABETH A. BINSACK
Planning Commission Secretary
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STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF TUSTIN
I ELIZABETH A. BINSACK the undersigned, hereby certif3/that I am the Planning
Commission Secretary of the City of Tustin, Cai forn a; that Reso ut on No. 3827
was duly passed and adopted at a regular meeting of the Tustin Planning
Commission, held on the 8th day of April, 2002.
ELIZABETH A. BINSACK
Planning Commission Secretary