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HomeMy WebLinkAboutCUP 2012-17� AGEINTDA R MEETING DATA. JANUARY 23, 2013 Teo ZOj'\9ll\lG ADN/lfi"\]ISTRATOR. 5,U I'S .9� Q To CONDITIONAL USE PEER %1I T 2C312 -1 SUIN) MIN] YAJON SEASIDE RANCHOS FUTURE ACADEMY 14412 IRVINE BLVD., SITE 2:05 1442 IV �MNE BLVD., SUITE 208 TUSITN, CAA 92780 TMSTIjN, CA 92780, LIC-) A-71QI - 1 -642 MVIj'NlE BLVD., SUITE 208 ZZ)HI -3. PROFESSIONAL (PR) � -MVO . R 0N9 i ilEN 7 AL 7A7U-90 T�llS ?ROJECT IS CATEGORICALLY \'E-MP T (CLASS 1 ) PURSUANT TO SECTION 16301 OF THE CALIFORl\ll„ ENVIRO�\.]N15NTAL QUAL7Y ACT RF,-:�QUEC 57 TO ESTABLlShl AND OPE-RUATE A T UMFUNG FACILITY YATI -IIx] �� ] EMTl�]G 1,116 SQUA E FOOT TENANT SPACE. Zoning Ad Mr niStatOF Januaryy 23, 2013 CUP 2012 -17 Page 2 R, Z)Pil M EINQ -�L71�IN That to Zone ng Admijiis«ra�or adop'l Zoning ! \dm �n strator Aekn 13e00-A approv n CondKional Use perrnil; 2012 -17 to salablish and ooemse a �Iutoring faoilily �jvjlhin are e is�ling 1,116 square foot tuna Z space located at 14 -42 lnilne Bivda, SuKl ZS 208. AFFF; Q-VA�- A!LATH0RITY The projeaa si,,�e is located ?jMr n the Profssionaa (F-1R) zoning dl ssriol �,Aihere tutoring facilities are moa� similar "�o lOTOfSssiOna , inssrL]o'sionEl, motivational, andlor saminE- T schools �j�jhich are oondi'Jonally parmi tsd uses, Tustin City Cole Seolion 9229b3(e au'lhorizes the Zoning Admir alrator �o revlmiv applicalkns for rninor oondtional use parmKs for eJsJng developmenIs. F-131ACiM r?O U Location, The projed'( is looe'led on she )xasserly comer of Irvine Boulevard -and Reel Hill Avenue and improved �oAlhin are office oorrnpileN. There are five free slanding buildings VA7iNn the complex which are oonnoa'ied via an ext'orior second floor balcony and stainvijells. Each of the buildings oon��ain mulkiple tenan�Z suKes �juhich all share oarNng. The tollal square foo'lage of she oomple � is approNiMat-1 314,000 SgUare face' , The subjeal properly is zoned Frofessional (PR) and accommodates a number of office uses, Zoning AdrniPiStrMOr January 23, 2313 CUR 2012-17 Page 3 SL]70�'Indj*ng Proo 'er1 6S Adjacent- proper-Jas to the visss and 7o the south across Reel f lfl A-11enue are dealachad single °family residences. The Ci &y boun zany is loce'led along Red HN Avenue with the properNes opposite of 'the Project SK-s located an UnincorporEEk"Sd area under the jurisdic'Zion of the County of Orange. Dirsctly abucling the subject properly to the northwest' is 11he dope Christian Church. To �Zhs norlheast of 'Ihs subject properly across Irvine BouleVarCl is she former !church of Scian'Mlogy complex vjNch is currently vacant. D,Iher uses in the general Acinity of °she project sire are predominately single family in nature and HS both �jA>uk' ion �s'ha City limits as vi-ell as pants of the County of Orange. IF, 1-r-11J.1 FL- C 7 DIE S F,IP a 110H- The proposed Fulure Academy tutoring facility would be located Ajnrisihin an aAsting 1,115 square fool Mena —M� space loca °dad on the second floor. The applicant is not proposing any tenant« improvemen's 'to the space. The Zsnan,� space is curranlly configured vj'lh sip rooms which the applicant proposes °�o use as classrooms, conference anal consul�M� on rooms, a compm�,ar room, and a break room. Common ressroom facHilles are shared amongs�l she o° her tenants vjithin the building. A ma;Nimum student teacher ratio of 4;1 is 'typical of the group tutoring sessions according to she applicant. The majority of students are enrolled in high school. Tutors VVO' ing at the facility would include both employees of the business as �JAJell as independent contractor tutors. Hours of 0,06rafion Due to the primary cl ame ele of school aged children,, sUtOJhg facilisies typically have hours of operaJon of sr general school hours. Accordingly, the applicant is proposing to operate the instrucftnal xu,�oring jjjJonday Through Friday from 5;00 pm to 7;00 pm. The facility would be closed on the weekends. These hours would generally not inter ?sre with the pear office hours of the majority of tenants v iNn the buildings. On occasion an employee of 'the business may be in the office during daytime hours to perform adminis'�r@'Jvs duties. Parking City staff applies a parr ng ratio to tutoring facilKies of 1 space for each instructor plus 1 space for each 3 students present at any one time. This is she same parNng ratio as used for similar ins'lr ucsional businesses such as martial arts, dance studios, and personal fitness studios AAihich have a comparable parking demand. As prey ously men'Joned, the subject plopsn�y shares parking amongst all uses within the buildings. The subjecf 1,115 square fool �11 enant space would require 4.5 parking stalls if calculated of the minimum allowable use ��ilhin the Professional district of general office. When applying the provided parking of 4.5 stalls to the fuforing facility use it would result in the follo? ping NmKa'lions on the business; Zoning AdM�niSY2iOr Jaruary 23, 2313 CUP 2012-17 Gags A✓7,axjmurn Ins uotor s NIEAMLI M &'udan s (193 Students) 1 10 2 3 `these restriCtions have been included within the proposed Zoning ,'\dministrator Aalion No, 13 -004 as Condition 2.1. The maximum number of students and instTUGIors may flue late so long as the business is in compliance v i�sh the parking r.@g0Temen1s and does no�l exceed the ME' number of stalls allotZsd to the tenant space. Should a parting problem arise in the future, 31aff has provided Sondj��ion 1.3, vihich � ^could aiio�jA rep ie� j,\j o'T the Conditional Use Fermi'l and require mitigation measures. In determining vihe'�her to approves °she Conditional Use Permit °for the tutoring faciflty, the Zoning Administrator mast determine �jlihether or no« the proposed use �jkjill be detrimental to 'lhe health, safety, morals, comfork, or general �srelu'are of the persons residing or working in the neighborhood, nor be injUTiO Us or detrimental to the proper7a and improvements in Lhe neighborhood of `&he subject property, or to the general lj�ielfare oi' the City of Tustin. decision to approve this request may be supported by the iollo�jAiing findings; 1) Sec«ion 9231d4 of the Tustin CKY Code (i mfesssbnal zoning district) allows professional, ins1rL1c«ional, motivational, andior 3eminar schools as conditionally permitted uses. 2) No physical changes proposed in conjunction A�Ari'ih this application. 3) As conditioned, sufficient parking for `the Liss is ensured by limiting 'the maximum number of instructors and stUdonts at the faciflty at any given dime, 4) As proposed, the tUsoring fE- Cility V/OLIld operate visa days in she early evening hours which are generally during non -peak ofTice hours. The proposed hours Of operation �jAJOafl,d reduce potential impaots to pari ing at the si'le. 5) As conditioned, Conditional Use 0errnit 23112 -17 may be reviewed on an annual basis, or more o'Rsn if necessary, by the Community Developmen« Director. If the use is not opera'�ad in accordance with Conditional Use Permit 2012 -17 or is found to be a nuisance or nsgativa i pac s ame affecting the surrounding uses, the Community Developmsn« cirec°lor would have the authority to impose additional cond°otions to elimina«e the nuisance or nega'klva impacts or may initiate proceedings to if evoka the Conditional Use Permit. Zonong Admr rujslrator January 23, 2313 CUP 2012 -17 P ,ags 5 5- recommends ta�a °s.ha't it-e ZoniPg Adm nr s "Ua br adoppi Zoning f-\dm h SZTatOT AC`L]Orli No. 13 -00-/4 approv> ng Conde 'Jongi U38 'Perm 20012 -17 to asta sh and Operate a tutoTingq fadit'y bczq"&'sd �,,ui`�-Nn an e- Asting 1,116 Square foot ttsnant space boated as 1442 Irvine Shid,, Suise 208, Ryan iom k Ass oc ate Planner /Am'�achmants: A. Localion A✓lap B. Sulbm fled Plans C. ZAVA 13 -004 77 LC�jIIi'lili!'F=� H7zA UOCA,7�JN MAP CUP 2012 =17 O �RVINL LLV®. 3M 1 -ii 7 ?03M2 TUSTIN 4 HEIGHTS PRQJE T SITE ��'@ 0,11t•.,. CENTER ,," i' GHARLDMA DR.. WU_ OpLAWN AV. TIFFANY ,**f GARLAN U ; Y KENNETH OR. l/ G O O� A / o 300' GWYNETHo g o� 500' gl 4 } 4r74 17 IV PJ� O� GARLAND AV. RED HILL {8fS0alt2•�w/raGaoVxn.NLt / �� LUTHERAN O O O S S 7 5THMlE -d \� d7 S U PLO M�SSISS SSSSS � � ` r,I_- - - t, I- Ft- - ,I _ _ | �--�- _ 13 lou 13 | | | �| ! / | .m |' | | | ' | ! ' ' | + / | 4 ' | / RED HILL AVE. � � ' � °°°° � � ^ � / | » � � p �3 Z Yr �N Nj C Z. L� N 03 o. 0 0 w Ul 0 . � t �D Pi N �D a� r r m a I ;a. o� V", x CIN 1 i rN x � w s S S I H I H X a a a t'o x is J h � X_-d u .TAQ Lrl Mi FE r-17 L7/ 0MhJ c -ADIJ NMI\E STIR<nW0� ZAL C ]0k\\7 1 N3 =o D4 CO[MDEi79Q\ J'MALIJ E,�iEIR J�iJi7 %?o0112-17 1642 1i V3 ,ME ! 6!L�� o, UMEE WHO The Zoning �dm nistrator of the City of Tustin does hereby resole as follows: L The Z®ning 'Administrator fonds and determines as follows: A. That a proper application for Conditional Use 'ermit 262 17 ��as filed by Sunmin VVon of Future 'Academy, requesting authorization to operate a Motoring facillty within an existing 1,1 16 square foot tenant space located at 1 -42 Irvine Blvd., Suite 203. C. That the site is zoned Professional (Pr) and is designated by the Cenoral Plan as Professional ®fflice which allows professional, instMctional, motivational, and/or seminar schools with the approval of a conditional use permit, C. That the project has been determined to be consistent with the Air Quality Sub - element of the City of Tustin General Plan in that Goal 3 of the Sub- - element encourages the minimization of particulate emissions D. That in accordance with ITCC Section 9296b(3)(e), the Zoning Administrator is authorized to consider minor conditional use permits for existing development where there would be no change of occupancy or primary use, there would be no expansion of floor area, and the request would not alter the original intent of the project or site. E. That a pubfic hearing was duly called, noticed, and held for Conditional Use Permit 2012 -17 on JanuaRy 23, 2013, by the Zoning Administrator. F. That the establishment, maintenance, and operation of the use appHed For will not, under the circumstances of this case, be detrirnental to -the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use nor be a detriment to the property and improvements in the neighborhood of the subject property, nor to the general welfare of the City of Tustin as evidenced bV, the following findings: 1) Section 9231d4 of the (Tustin City Code (Professional zoning district) allows professional, instructional, motivational, and /or seminar schools as conditionally permitted uses. 2) No physical changes or tenant improvements are proposed in conjunction with this application, Zoning Administrator Action 13-004 Conditional Use Permit 2012-17 Page 2 3) As conditioned, Sufficient parking for the Use is ensured by Iimitirg the maximum number of instructors and students at the `acMy at any given time. 4) As proposed, the Lutoring aculi`y �jvouid operate weekdays in the early evening hours which are generally during non-peak office hours. The proposed hours of operation woUd reduce poten'Jal impacts to parking at the site. 5) As conditioned, ConditionaI Use Permit 2012 -17 may be reviewed on an annuaI basis, or more often if necessary, by the Community Development Director. If the use is not operated in accordance with Conditional Use Permit 2012 -17 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. G. That this project is categorically exempt pursuant to Section 15301, (Class 1) of Title 14, Chapter 3 of -the Caffornia Code of Regulations (Cuideljnes for the California Cnvironmentai Quality Act). lI. The Zoning Administrator hereby adopts Zoning Administrator Action Flo. 10 -004 approving ConditionaI Use Permit 2012 -17 authorizing the operation of a tutoring facility within an existing 1,116 square foot tenant space Iocated at 1442 Irvine Slvd., Suite 208., 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 held on the 23d day of January, 2013. ELIZABETH A. BINSACIK ZONING ADWNISTRATO ADRIANNE DiLEVA RECORDING SECRETARY Zoning Administrator Action 13 -004 Conditional Use Permit 201 2 -1 7 Page 3 STATE CG CALLiFORMA COUN J Y OF ORAL NGE � CFY OF TUSTIN � i, ADRIA NE DiLI EVE, the undersigned, hereby certify °ghat 9 am she PRe= ling Secretary of the Zoning Adrninistrator of the City of Tustin, Caffornia; that Zoning Administrator Action No. 13 -00-4 passed and adopted at a reguiar mee�dng of the Justin Zoning Adrninistrator, heidl on the 23rd day of January, 2013. ADRIAN NE DiLEVA RECORD9J�9G SECRETARY EXHIBI u A GIONDITIOM-19 CV IAPL FRO �ZAL CrJNf DIAC) \9zA-L U � F)EzIR X17 2Cc 12- 17 1A 2 1 A91�\]E «-� -vDL o, SLul7E �, 6t0 GENERAL �.1 The proposed project shall substantially conform with the submitted plans 'forth,-- project date stamped January 23, 2013, on file viith 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 Tiring 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. 1.3 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. 1A Approval of Conditional Use Permit 2012 -17 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 ore 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 prodded to the Community Development Department. �.Z Any violation of any of the conditions imposed is subject to issuance of an administrative citation pursuant to a CC 1162(a). 62(a). Q�J "7i o6 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. SOURCE CODES Q1) STANDARD CONDITION P) RESPONSIBLE QGENC Y RECPUOG3F v EN73 �2) CEQA MITIGATION QC'6) LANDSCAPING GLHDL EL�NES Q � UNIFORM BUILDING COo DREI5 QED PC /CC POLICY � � DESIGN REVIEW EXCEPT ONS Zoning Administrator Action 13 -004 Conditional Use Permit 2012 -17 Exhibit A Page 2 �) 107 Conditional Use Permit 2012 -17 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 2012 -17, 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. 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 noose 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 De�,,/elop ment '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) PTOVide additional parking. Q� 1 �2 As a condition of approval of Conditional Use Permit 2012 -17 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 OuJicers, agents, and employees, which seeps 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. uSIE REE87RICTMONS 2.1 The proposed tutoring use requires a parking ratio of one (1) space for each three (3) 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 30 long as the business is in compliance with the parking requirements and does not exceed the maximum number of stalls (4.5 Zoning Administrator Action 13-004 Conditional Use Permit 2012 -17 Exhibit A Page 3 parking stalls) allotted to the tenant space. Maximum Instructors Mnstructor Maximum Students 1/3 Students 1 10 _ 2 7 3 4 (1) 2.2 Each tutoring session shall be concluded with sufficient time for attendees of the prior sessiol a to VE�Ga«e the site prior o r-1 al of attendees of the next tutoring session. Q7) ZO No loitering outside the tenant suite shall be Ommed. Tutoring attendees shall remain onside awhile wwajting for tutoring or to be picked up. Staff members shall supervise and be responsible for waiting attendees. Q1) 2o-6 All activities shall comply with the City's Noise Ordinance. Q3) 3.1 if the tutoring center provides services to intermediate or high school children, the occupancy classification is B. if services are provided to elementary students or younger, the classification is E. A building permit is required to change the use from office to tutoring. Plans and an analysis by a professional designer may be required to show compliance with the appropriate occupancy classification. �) 3.2 Accessible features are not illustrated in the submitted documents. At the time of permit appllcation, plans must show the accessible features to and within the tenant space, per Section I 1 34[x.2. (0) At the time of building permit application, the plans shall comply with the current edition of the codes (201 0 California Building Standards Code), City Ordinances, State, Federal laws, and other regulations as adopted by the City Council of the City of Tustin. FIEFS Q2) 6A Within forty -eight (43) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the C(D LJr[M7T CLE K in the amount of - rfy dollars ($50.00) to enable the City to file the appropriate environmental documentation for the project. if within such forty -eight (43) hour period the applicant has not delivered to the Community Development Department the above -noted check, the statute of limitations for any interested panty to challenge the environmental deterrnjnation under the provisions of the California Environmental Quality Act could be significantly lengthened.