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Home My WebLink About02 CUP 2012-12, AGENDA REPORT I IEETING, DATE: N®VEMME -ER 13, 2012 TO: IPL I`\H \\ Nc7) COMMIS &ON SUBJECT: COVE DITIO'NIAL USE IPERNfflT 2012 -12 14425 CULVER DRIVE WINE, CA 92604 AEZ-L\ I \,\lVESTNll E NTS 1_LC 1525 SUPERIOR ANNIE UE ,-,M 0/4 N'EVVPORT BEACH, CA 92663 LOCATION. 3057 EDII\IGER AVE' UE, TUSTIN, CA 92780 ITEM � 2 REQUEST: A REQUEST BY OXFORD TUTORING TO OV CRATE A TUTORING FACILITY LOCATED VAJITIIIN AN EXISTING 4,586 SQUARE FOOT TENANT SPACE. ENVIRONMENTAL. TI HIS PROJECT IS CATEGORR CALL l EXEMPT PURSUANT TO SECMN 15301 (CUSS 1) OF THE CALIFORNIA 5NIVIRONiMENTAL QUALI I Y ACT (CEQA ). PC Report [November 13, 2012 CUP 2012 -12 Page ]-Rz-COcNET_ H ATICC)H That the VPlanning 'Cornrnlsslon adopt Resolution Flo. -4211, epproving CondlJonel Use Psrrnit 2012 -12 to operate a tutoTlng faclMy N /Ail1hin an eAsting -,558 square food tenant space located at 3057 Edinger Avenue wlthln Jamboree Plaze. APPROVAL �',\M7 IOVRI7Yo Section 3.43.4.o, (Planning �V\rea D) of the Jamboree Flew Planned Community 'District regulations identlf es professional, instructlonal, motivational, vocational, anal /or seminar schools -as conditionally permitted uses, The propose] tutoring facility is most sirnllar to these uses and accordingly the applicEnt has submMed e conditional use permit applicetlon for consideration by the Planning Commission, Section 2291 of the Tustin City Code gives the Planning Commission the authority to e- valuate and grant requests for conditional use permiss. FACK OR0UNDL o Site anc7 LGCBBt6on The project site is located along dlnger Avenue, northwest of the intersection �,Ajith Jamboree Road, The pmjac�s slto is located vAiuthln the !Planned Community Industrial (PC -I 1D) zoning dis°�rlct and designated as 'Planned Community Commerci2108usiness by the pity's General Plan (see Attachment A - Location 'liap), The slte is Ajithin Jamboree Plaza and is regulated by the Jamboree Plaza Planned Community Distrlct Regulations, v?,7hich allovAis for a variety of industrial, office, and commercial slaw, Aerial View Map PC Report November 13, 2 092 CUP 2012-12 Page 3 Jamboree P aza is a triangle shaped cornmercdaMndustrial oen'ler of approNjmately 17.5 acre in size and is bounded by Jamboree Road to `the asas:(, Edinger Avenue to `�Ihe south and Aj /\rest, and the Orange County -u ranspor«ation Authority (OCT , raiNkiay to �jhe norsh. The TUSII n NbZrolink Commuter Station dice just to she north of Jambores Plaza along 'the rail?,Ajay. Acres to the Tustin N� etrolinilz Station is prow, i ded through Jamboree Plea, Surrounding uses include similar industrial and commercial business use loOated to the north of Jamboree plaza across the railroad tracks and within the IrlJne Industrial Complex, To the south and east of the site across Jamboree Road are newer residential uses that have been developed a'l Tustin Legacy, Directly across Edinger Avenue to the west of she site is undayse oped lane located at Tustin Legacy. This vacan's land is proposed fOr kl'kUre residential uses. ....... � Projsct Site .erl. . �; ul "I it ll .,t FIL Ikt <n Yt : �1, j,� 11�i�Ai,1 «• �� i .. .� .-..— r2'iashtr74GAt{cc' .motl .... N 4 t �" '� !J G' f,'t X. X /l.GkLY/.T/Cds.'�'4+mY•4tz/:F°" Itlt. III 1 It t {{I I I 1 Itli 11 11ii !. 4 r f Mr Iw +Vr � — ..... rxa ... 114=1" 4"'", °� ; rws r,� sit . ».•.._ ._ -� i JAMBOREE PLAZA — �LLi/V/V /V/YG �i SITEPLAN UI.L L Arrcr .L> CTxs e�ANG �r 1 Jamboree Plaza consists of four separate land use areas that allow for various oommaroiaOnd USA rial activities, some of �YiNch nclude: retail, commercial, office, automo'�o 've serve css, warehousing, and light inlustrial uses. The subject tZeet space is located �,,M'Hn FPIening Area D of Jamboree Plaza. The existing uses on site include veterinary clinics, offices, financial institu'Jons, Light industrial uses, automotive repair, service stationsicarwashes, and gymnasiums among other uses. PC Report Nlovernber 13, 2012 CUP 2012 -12 Page 4 Fr 7J- 0 Toed T utoTinq has been in operation since 1228 and there Fire three existing Oxford 1 ufiioring facilities located in lriine, Ri��ersi�le, and fan �laTCos. Oxford Tutoring offers one on one and small group tutoring for children of all age groups in a multitude of subjects is pro- kdded. Tutoring involves instruction livith homeviork, test preparation, shill bujIding, and other areas. In addition, O Xford also offers vocational training to students in foster progTEEMS to help them transition 'to independent living. Oxford Tutoring is an approved prmJdsw of Supplemental Educational Ser-Jcss and pro Jdas state funded tutoring to qualified students. pro ose,c] O'Deration According to the applicant, 70% of the tutoring business is conducted --at local schools and in -hone private tutoring sessions. The remaining 30% of the business �J'\IoOd consist of prh ate and small group tutoring conducted a °t the proposed facil° y. , student teacher ratio of 1;3 is typical of the group sessions. Student ages range from 10 to 18 dears of age vvith the majority of students in high school. 90 tenant improvements are proposed for �Iha facility. The space shares restrooM faciNi'6es �jAiith the adjacent tenant space Apihich is curTently occupied by a personal training gym faciR° y. There is an existing 1,01111 square foot rnezzanin-- �Yvhich �AJoafld accommodate of -floe and administration aclhiilties for the business. Remaining space lj,�Jll have stations consisting of �jAiNteboards and tables AjAihere tutors and students Njljili interact. At it Hours of gosra,tjon an, c7 �Rarkiing Due to the primary cfisntele of school aged children, tutoring facil°oties typically have hours of operation after general school hours. Accord °ngIy, °the applicant is proposing to operate the instructional tutoring i\jlonday through Thursday from 3;00 pry 'to 7;00 pm. The facility would be closed (Friday thmugh Sunday. Two staff instructors �,Yuould be on PC Raper� November 13, 2012 CUP 2012 -12 Page 5 `true premdses from 11;00 am Aso 3;00 pm to ansAiuer phone calls and perform administrative duties. The Jamboree Flaz-a Planned Community District regLlaJons require a parMng ratio of one (1 ) space for each t�)vo (2) studeru's at Ma imu,m enrollment and one (1) space for each dns'srualor. The appkanll has i demffled a maximum a fi>>e (5) instTualom and fifteen X15 sluderu�1s during peak hours. This �i ,\could equate to a parks ng demand of Nreieen (13) stalls. ProperJes located NivKNn Phase 11 and Phase dll (subjec °l properly) Of Jamboree Plaza share parking. The subject properly is allccated a total of si :seen (16) parking stalls pursues -n,�, to the MSR's for Jamboree Plaza. The m@Nimum number of students and instructors may flucluale so long as the business is in compliance AvVi'th the par'Nng requirements and does not exceed the maximum number of s °falls allo'cled to the tenant space, Should a parUkft problem arise in the future, staff has provided Condition .88, �iaj'bicb �jn7oudd allo?ju of the Cordi1ional Use Permit and require rn''Jgation measures, GFO- 1Br-NGZ9 � In det;Srmdndnq �jAihe`&suer to approve the Con6tional Use Permit for tthe tutoring facility, the 'tannin Commission must determine �srbe�her or not true proposed use ��ill be de dmentad 'to the hsallh, safatY, morals, comfort, or general -vAjelfare of the persons residing or �jAjork ng in the neighborhood, nor be injurious or deITdmental lo the property and improveme,n'ts in the, neighborhood of the subject property, or to the general Aiiielfare, of the 'ditty of Tustin, A decision to approve this request may be supported by the follovJng findings; �) Sec -lbn 3.4.3.4-o. (planning Area D) of the Jamboree Plaza Planned Community District regulations allmi/\js professional, instructional, moti- 7&tional, yooallonal, andfor seminar schools as condd'knaHy peTmKbled uses. 2) No physical changes or tenant improvements are proposed do conjunction with this application, 3) As conditioned, sufficient parking for the use is ensured by limd�Jng the maAmum number of fatuity /staff members and students at he facility at any given time. I,oe1 �d °y�'ri� facility ?� o1uL1neral�? oKierat consistent aiJi compatible with tike hours of opera "lore for other commercial uses in the area. 5) As conditioned, CondKbnal Use permit 20112-12 may be rsvietiv ,jed on are annual :basis, or more often if necessary, by the 'Community Development Director. If the use is not operated in accordance Aj�dth Conditional Use Permit 2012-12 or is found ,to be a nuisance or negative impacts are affsd'iing the surrounding uses, the Community Development Director �iAjould have the authority to impose addi«ional condKbns to eliminate she nuisance or negasiti,7e impacts or may proceedings m revoke the Conditional Use Permit. PC Repori November 13, 2012 CUP 2012 -12 Page 5 Ryan iontek Associate Planner Attachments: A. Lomflcn ✓lap B. Lane Use Face Shea -s C. Submitted P�Ens D. f9aso ukn iNo. 4211 Elizabeth A. Binsack CommunKly Development Dirsetcr A7 TA C �,-] M FE� �M VDT l 7N—CI ?7 G iI /71 D ,VT, 2D`l ? -I�o V-007 AVENU r 0 0 'L\ 7 A HMENf S L AID D U E FA C T3H -� E 1. LAND USE APPLICATION NUK4BER(S):CUP 2812-12 2. LOCATION: JAMBOREE PLAZA 3. ADDRESS: 3057 EDINGER AVENUE 4. APN(S):434�41-13 5. PREVIOUS OR CONCURRENT APPLICATION RELATING TO THIS PROPERTY: NONE 6. SURROUNDING LAND USES: NORTH: SOUTH: RESIDENTIAL EAST: RESIDENTIAL WEST: VACANT LAND - PLANNED RESIDENTIAL 7. SURROUNDING ZONING DESIGNATION: N0RTH:PC-Iy0D SOUTH: MCAS TUSTIN SPECIFIC PLAN EAST: MCAS TUSTIN SPECIFIC PLAN WEST: MCAS TUSTIN SPECIFIC PLAN 8. SURROUNDING GENERAL PLAN DESIGNATION: NORTH: PC COMM ERCIAUBUS IN ESS SOUTH: MCAS TUSTIN SPECIFIC PLAN EAST: MCAS TUSTIN SPECIFIC PLAN WEST: MCAS TUSTIN SPECIFIC PLAN. 8. SITE LAND USE: A. EXISTING: VACANT OFFICE BUILDING B. PROPOSED: TUTORING FACILITY C. GENERAL PLAN: D. ZON|NG:fYC-iNI} PROPOSED GP: SAME PROPOSED ZONING: SAME DEVELOPMENT FACTS: 11. BUILDING SQUARE FOOTAGE: 4^58K6 S.F. EXISTING S/UyUE PROPOSED °NO CHANGE TD EXISTING DEVELOPMENT ^ # k r+.r % Ir � Oxford Tutoring Center Oxford Tutoring is approved by the California Department of Education to provide in-home private tutoring sessions and after-school small-group tutoring at local schools. Our after-school programs account for 7O%of our business. The other 3OY6nf our students enroll in private or small-group tutoring at our center. We have been in business since 1996 and currently operate three centers located in Irvine, Riverside, and San Marcos. Business Hours: Thursday: 3:00 PM — 7:00 PM Friday: Close Saturday: Close Sunday: Close Teacher Student Ratio: 1:3 ----------------- --------- ---------------------- In X M 11 f I Ll I Y z W-, 4 min .... ........... LU C-j LU L cj- t LU LD - Z ----------------- --------- ---------------------- In X M 11 f I Ll I Y z W-, 4 min .... ........... FXHIBIT - 1 I I qti ,41. z ul 0 Ct 7A s z FXHIBIT - 1 I I qti ,41. z ul 0 Ct 8.346" 21'2" 103 WAREHOUSE " 15'11 nn L) LIU WOMEN'S RESTROOMS� 70'0" co 15'9" nn 4'0" PHONE 19'6" 15'3" RECEPI 47'0° 5'0" rl OPEN AREA HALL 18'2" BREAK ROOM 17'10" OPEN AREA 5'8 4'0" 36'3" ENTRY \ 15'0" 32' 3057 Edinger Ave, Tustin , CA 92780 3'6" --1 c 10,3" z i L no 9,91, STORAGE 9'0" — 15'11 " Downstairs Common Restrooms Mezzanine RESOLUTION NO. 4211 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 2012-12 AUTHORIZING THE ESTABLISHMENT AND OPERATION OF A TUTORING FACILITY LOCATED AT 3057 EDINGER AVENUE WITHIN JAMBOREE PLAZA. The Planning Commission does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That a proper application for Conditional Use Permit 2012-12 was filed by Matthew Phung of Oxford Tutoring requesting authorization to establish and operate a tutoring facility located within an existing 4,586 square foot tenant space located at 3057 Edinger Avenue within Jamboree Plaza. B. That the Jamboree Plaza Planned Community District regulations and the Planned Community Commercial/Business General Plan land use designation provide for a variety of commercial uses. In addition, the project has been reviewed for consistency with the Air Quality Sub- element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub-element. C. That a public hearing was duly called, noticed, and held for Conditional Use Permit 2012-12 on November 13, 2012, by the Planning Commission. D. 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, 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) Section 3.4.B.4.o. (Planning Area D) of the Jamboree Plaza Planned Community District regulations allows professional, instructional, motivational, vocational, and/or seminar schools as conditionally permitted uses. 2) No physical changes or tenant improvements are proposed in conjunction with this application. 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. Resolution No. 4211 Page 2 4) As proposed, the tutoring facility would generally operate consistent and compatible with the hours of operation for other commercial uses in the area. 5) As conditioned, Conditional Use Permit 2012-12 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. If the use is not operated in accordance with Conditional Use Permit 2012-12 or is found to be a nuisance or negative impacts are affecting the surrounding uses, the Community Development Director would have the authority to impose additional conditions to eliminate the nuisance or negative impacts or may initiate proceedings to revoke the Conditional Use Permit. E. 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 Planning Commission hereby approves Conditional Use Permit 2012-12 authorizing the establishment and operation a tutoring facility located within an existing 4,586 square foot tenant space located at 3057 Edinger Avenue within Jamboree Plaza subject to the conditions contained within Exhibit A attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 13th day of November, 2012. STEVE KOZAK Chairperson ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN 1, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4211 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 13h day of November, 2012. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A RESOLUTION NO. 4211 • CONDITIONAL WSE Pgplw,.� 0 18111 L01 0 RL01 Nil • • ;Lelmll 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped November 13, 2012, 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. 1.2 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 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified, subject to review and approval by the Community Development Department. (1) 1.4 Approval of Conditional Use Permit 2012-12 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 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. 1.5 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 2012-12 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 SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODEIS (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Exhibit A Resolution No. 4211 CUP 2012-12 Page 2 compliance with conditions of approval. If the use is not operated in accordance with Conditional Use Permit 2012-12, or is found to be a nuisance or negative impacts are affecting the 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) 1.8 If in the future the City's Community Development Director, Police Chief, and/or Public Works Department determine 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, Police Chief, and/or Public Works Department may require that the applicant prepare a parking demand analysis, traffic study, or noise analysis and 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, Police Chief, and/or Public Works Department. Said mitigation measures may include, but are not limited to, the following: (a) Adjust hours of operation. (b) Reduce the number of instructors and/or students (c) Provide additional parking. (1) 1.9 As a condition of approval of Conditional Use Permit 2012-12 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 (1) 2.1 The Jamboree Plaza Planned Community District regulations require a parking ratio of one (1) space for each two (2) students at maximum enrollment and one (1) space for each instructor. Any combination thereof using the aforementioned parking ratios is acceptable. The maximum number of students and instructors may fluctuate so long as the business is in compliance with the parking requirements and does not exceed the maximum number of stalls, sixteen (16), allotted to the tenant space. Exhibit A Resolution No. 4211 CUP 2012-12 Page 3 (1) 2.2 Each tutoring session shall be concluded with sufficient time for attendees of the prior session to vacate the site prior to arrival of attendees of the next tutoring session. (1) 2.3 No loitering outside the tenant suite shall be allowed. Tutoring attendees shall remain inside while waiting for tutoring or to be picked up. Staff members shall supervise and be responsible for waiting attendees. (1) 2.4 All activities shall comply with the City's Noise Ordinance. BUILDING (1) 3.1 Prior to occupancy of the tenant space, the applicant shall demonstrate that the proposed use is in compliance with the California Building Code (CBC). The proposed academic tutoring center occupancy classification is Group E. The building was designed for Group B occupancy and therefore if classified as Group E, an analysis by a licensed architect/registered engineer is required to demonstrate compliance with the allowable floor area and building construction requirements in the CBC. (1) 3.2 At the time of building permit application, the plans shall comply with the current edition of the codes (2010 California Building Standards Code), City Ordinances, State, Federal laws, and other regulations as adopted by the City Council of the City of Tustin. 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.