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HomeMy WebLinkAbout03 CUP 02-014Report to the ITEM #3 Planning Commission DATE: OCTOBER 14, 2002 SUBJECT: CONDITIONAL USE PERMIT 02-014 APPLICANT: LINDA BARNES M.A.N. VOCATIONAL SCHOOL 1131 EAST MAIN STREET, SUITE 207A TUSTIN, CA 92780 PROPERTY OWNER: KATHERINE AMOUKHTEH 30392 LE PORT LAGUNA NIGUEL, CA 92677 LOCATION: 1131 EAST MAIN STREET, SUITE 207A ZONING: PLANNED COMMUNITY COMMERCIAL (PC-COMM) ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO SECTION 15301 OF THE ENVIRONMENTAL QUALITY ACT (CLASS 1) CALIFORNIA REQUEST: AUTHORIZATION TO ESTABLISH A VOCATIONAL SCHOOL AT 1131 EAST MAIN STREET, SUITE 207A RECOMMENDATION That the Planning Commission adopt Resolution No. 3847 approving Conditional Use Permit 02-014. BACKGROUND The applicant is requesting approval to establish a small vocational school that conducts instructional sessions. In March 1975, the Planning Commission approved Use Permit 75-5 that established the Planned Community Commercial District Regulations for the properties located within the triangular-shaped area bounded by Newport Avenue, Main Street, and Bryan Avenue, including the project site. The District Regulations allowed for the establishment of a retail and office complex. However, when these district regulations were established in 1975, no specific commercial or office uses were identified in the resolution of approval. Planning Commission Report CUP 02-014 October 14, 2002 Page 2 In interpreting the Planned Community Commercial District Regulations, staff has authorized uses that are similar to those allowed within the C-1 Neighborhood Commercial zoning district which allows retail, service, and office uses. Existing uses within the center include a number of restaurants, a hair salon, a market, a veterinary facility, medical offices, and a variety of retail uses. In 1999, the Planning Commission approved Use Determination (UD) 99-001 that allows the establishment of private instructional schools within the center. The properties surrounding the center are developed with residential uses to the south and commercial uses to the southwest across Main Street, residential uses to the east and commercial uses to the northeast across Bryan Avenue, and commercial uses to the west and northwest across Newport Avenue (see Attachment A - Location Map). DISCUSSION Proposed Use The proposed location for the school is a 500 square foot tenant suite located in the professional office building at the east end of the center (Attachment B - Submitted Plans). Nearby businesses within the center include a market, restaurants, a veterinary facility, and medical offices. The applicant is proposing to operate a mortgage vocational school from 6:30 p.m. to 9:30 p.m. Monday through Thursday and from 9:00 a.m. to 5:00 p.m. on Saturday, with the school closed on Fridays and Sundays. There are no tenant improvements proposed; the proposed suite has an existing front office and classroom area. Parking and Traffic When the original use permit was approved for the center, a parking and reciprocal access agreement between all five (5) parcels within the center was also created and is still active. Based upon the current uses within the center, the parking demand for all uses on all five (5) parcels is 321 parking spaces; there are currently 321 parking spaces provided. Typically, parking ratios for school uses are calCulated at one (1) space for every three (3) students, plus one (1) space for each instructor. The applicant is proposing a maximum occupancy at any one time of three (3) students and one (1)instructor, which would have a parking demand of two (2) parking spaces. This is the same requirement as the previous office use and can be accommodated by the existing parking. The applicant originally proposed nine (9) students; however, two (2) additional parking spaces would be required. During the planning process, staff offered the following alternatives to the applicant to provide sufficient parking for nine (9) students and one (1) instructor: Planning Commission Report CUP 02-014 October 14, 2002 Page 3 1) 2) Convert existing standard size parking stalls to compact size to increase the number of parking spaces in the complex by two (2) parking spaces. There are fourteen (14) parking stalls located on the property at 1131 E. Main Street that could be re-striped to result in fourteen (14) compact stalls and two (2) standard stalls. The addition of these two (2) stalls would accommodate the parking needs for nine (9) students and one (1)instructor. Submit a parking demand analysis prepared by a professional traffic engineer that demonstrates there is sufficient parking available for all uses during the specific times the school would be operational. The applicant elected not to pursue these alternatives and to reduce the number of students. However, Condition No. 2.1 would allow an increase in the number of students or instructors through an administrative amendment if additional parking spaces were provided, or a parking analysis was submitted. The Engineering Division conducted a traffic review of the proposed use and determined that, with up to nine (9) students, no traffic impacts are anticipated. ANALYSIS In determining whether to approve the Conditional Use Permit, the Planning Commission 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) The proposed use, as conditioned, will not be detrimental to the health, safety, morals, comfort, and general welfare of the persons residing or working in the neighborhood, nor have a negative effect on surrounding properties in that the use will be operated entirely within the building, sufficient parking will be provided, and no potential traffic impacts are anticipated. 2) The proposed use, as conditioned, is compatible with the surrounding area. The project site is located in a Planned Community Commercial district in a building occupied by other professional office uses. As conditioned, the limited number of students and hours of operation are appropriate for the proposed location. Matt West Assistant Planner Karen Peterson Senior Planner Attachments: A. Location Map B. Site Plan/Floor Plan C. Resolution No. 3847 mw:Cup02-014pcreport.doc ATTACHMENT A Location Map LOCATION MAP PROJECT NO. ADDRESS CUP 02,014 ; 1131 East Main Street Suite 207A "M.A.N. Vocational School" sTREET ATTACHMENT B Site Plan/Floor Plan i :3 c( J- Z Ft. ~ Front Office ~ Classroom ..... , i I , 17 Ft. FLOOR PLAN CUP 02-014 1131 East Main Street, Suite 207A ATTACHMENT C Resolution No. 3847 RESOLUTION NO. 3847 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 02-014 AUTHORIZING THE ESTABLISHMENT OF A VOCATIONAL SCHOOL AT 1131 EAST MAIN STREET, SUITE 207A. The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application for Conditional Use Permit 02-014 was filed by Linda Barnes requesting authorization to establish a 500 square foot vocational school at 1131 East Main Street, Suite 207^, more specifically described as Assessor's Parcel No 500-162-03. B. Pursuant to Use Determination 99-01, schools are conditionally permitted in the Planned Community- Commercial (PC-COMM) District Regulations established by Use Permit 75-5 for the area bounded by Newport Avenue, Bryan Avenue, and Main Street. C. That the proposed use is consistent with the General Plan land use designation "Planned Community Commercial/Business" which provides for retail and office 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. D, That a public hearing was duly called, noticed, and held on said application on October 14, 2002, by the Planning Commission. E. That the establishment, maintenance, and operation of the use applied for 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, as evidenced by the following findings: 1) The proposed use, as conditioned, will not be detrimental to the health, safety, morals, comfort, and general welfare of the persons residing or working in the neighborhood, nor have a negative effect on surrounding properties in that the use will be operated entirely within the building, sufficient parking will be provided, and no potential traffic impacts are anticipated. 2) The proposed use, as conditioned, is compatible with the surrounding area. The project site is located in a Planned Resolution No. 3847 Conditional Use Permit 02-004 & Design Review 02-008 October 14, 2002 Page 2 Community Commercial district in a building occupied by other professional office uses. As conditioned, the limited number of students and hours of operation are appropriate for the proposed location. F, That this project is Categorically Exempt from the requirements of the California Environmental Quality Act, pursuant to Section 15301 (Class 1). II. The Planning Commission hereby approves Conditional Use Permit No. 02-014 requesting authorization to 500 square foot vocational school at 1131 East Main Street, Suite 207A, 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 held on the 14th day of October, 2002. STEPHEN V. KOZAK Chairperson ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3847 passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 14th day of October, 2002. ELIZABETH A. BINSACK Planning Commission Secretary (1) 1.1 (1) 1.2 (1) 1.3 (1) 1.4 EXHIBIT A RESOLUTION NO. 3847 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 02-014 The proposed use shall substantially conform with the submitted plans for the project date stamped October 14, 2002, on file with the Community Development Department, except 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 minor modifications to plans during plan check if such modifications are to be consistent with the provisions of the Tustin City Code and other applicable codes. Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified or prior to the issuance of any building permits for the project, subject to review and approval by the Community Development Department. Approval of Conditional Use Permit 02-014 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. As a condition of approval of Conditional Use Permit 02-014, 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. SOURCE CODES (2) (3) (4) STANDARD CONDITION CEQA MITIGATION UNIFORM BUILDING CODE/S DESIGN REVIEW EXCEPTIONS (5) (6) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY Exhibit A Resolution No. 3847 October 14, 2002 Page 2 Any violation of any of the conditions imposed is subject to the payment of a civil penalty of $100.00 for each violation, or such other amounts as the City Council may establish by ordinance or resolution, and for each day the violation exists, subject to the applicable notice, hearing, and appeal process as established by the City Council ordinance. (1) 1.6 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorneys' fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. USE RESTRICTIONS (1) 2.1 The maximum number of students shall be limited to three (3) students and one (1) instructor at any one time. If additional parking becomes available, or a parking demand analysis is submitted which demonstrates sufficient parking would be provided, the total number of students or instructors may be increased at a ratio of one (1) parking space for every three (3) students and one (1) parking space for each instructor. The property owner or business owner may submit a written request, with supporting documentation warranting an increase in students or instructors, to the Community Development Director for an administrative amendment to the conditional use permit. (4) 2.2 Hours of operation of the school shall be limited to 6:30 p.m. to 9:30 p.m. on Monday through Thursday, and 9:00 a.m. to 5:00 p.m. on Saturday, with the school being closed on Fridays and Sundays. The Director of Community Development may approve a request to modify the hours of operations if they are deemed to be compatible with the surrounding area. (4) 2.3 No congregation in the parking area or outside walkways shall be allowed in association with the proposed use. (3) 2.4 No tenant improvements shall be made without obtaining all necessary permits, including but not limited to, a City of Tustin building permit. (1) 3,1 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 forty-three dollars ($43.00) 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.