HomeMy WebLinkAboutZA AGENDA CUP 2014-07 ANCILLARY SCUBA INSTRUCTION - 6-30-14AGENDA FJEPORT ITEM
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MEETING DATE: JUNE 30, 2014
TO: ZONING ADMINISTRATOR
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: CONDITIONAL USE PERMIT 2014 -07
APPLICANT: PROPERTY OWNER:
TIM LAU TUSTIN BUSINESS CENTER, LLC
2600 WALNUT AVENUE, SUITE F 1400 QUAIL STREET, SUITE 105
TUSTIN, CA 92780 NEWPORT BEACH, CA 92660
LOCATION: 2600 WALNUT AVENUE, SUITE F
GENERAL PLAN: PLANNED COMMUNITY COMMERCIAL /BUSINESS
ZONING: PLANNED COMMUNITY INDUSTRIAL (PC -IND)
IRVINE INDUSTRIAL COMPLEX (IIC)
ENVIRONMENTAL
STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1)
PURSUANT TO SECTION 15301 OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT.
REQUEST: TO OPERATE ANCILLARY SCUBA INSTRUCTION IN
CONJUNCTION WITH AN EXISTING WHOLESALE AND ONLINE
SCUBA STORE.
Zoning Administrator
June 30, 2014
CUP 2014 -07
Page 2
RECOMMENDATION
That the Zoning Administrator adopt Zoning Administrator Action (ZAA) No. 14 -003
approving Conditional Use Permit (CUP) 2014 -07 to operate ancillary scuba instruction in
conjunction with an existing wholesale and online scuba equipment shop located within
an existing 1,800 square foot tenant space at 2600 Walnut Avenue, Suite F.
APPROVAL AUTHORITY
The project site is located within the Planned Community Industrial (PC IND) zoning
district and designated as Planned Community Commercial /Business by the General Plan
Land Use Map and subject to the Irvine Industrial Complex (IIC) Planned Community
District Regulations. Section Vl, Subsection C of the IIC requires approval of a CUP
prior to establishing indoor recreational uses such as scuba instruction. Section
9299b(3)(f) of the Tustin City Code (TCC) gives the Zoning Administrator authority to
approve, conditionally approve, or deny minor conditional use permits for existing
development where there would be no change of primary use, there would be no
expansion of floor area, and the request would not alter the original intent of the project
or site.
BACKGROUND
Nocturnal Lights, Inc. (applicant) has been operating a wholesale and online scuba
equipment store at the subject location since August, 2012. Earlier this year the business
moved to a larger tenant space within the same complex. The current tenant space
comprises 1,800 square feet consisting of office, warehouse space and wholesale
activities. The property consists of eleven buildings with inline tenant spaces which share
parking. The building at 2600 Walnut Avenue has eight (8) tenant spaces which total
13,500 square feet. Adjacent tenants on either side of the business include a martial arts
studio and an attorney's office.
Location
The subject property is located on the southerly comer of the intersection of Franklin
Avenue and Walnut Avenue. Adjacent properties surrounding the site are located within
the same underlying zoning of PC -IND with the exception of the properties to the west
across Franklin Avenue which are designated as Planned Community Commercial (PC
COMM). All surrounding properties; however, are located within the Irvine Industrial
Complex. The properties designated as PC COMM allow the same uses, but are more
flexible in their allowance of commercial uses.
Zoning Administrator
June 30, 2014
CUP 2014 -07
Page 3
In 1991, the TCC adopted Ordinance 1076 approving Zone Change (ZC) 91 -03 to amend
the Irvine Industrial Complex Planned Community, allowing for private indoor recreational
uses such as batting cages, dance studios, gymnastic studios and martial arts studios as
conditionally permitted uses. A Negative Declaration was prepared in conformance with
the California Environmental Quality Act and it was determined that there would not be a
significant effect on the environment. These "assembly type" uses were determined to be
consistent with other industrial and commercial districts. Specific parking standards,
consistent with those of other similar uses in the Zoning Code, were incorporated into the
Planned Community text.
PROJECT DESCRIPTION:
The applicant is proposing to operate ancillary scuba instruction within their existing
tenant space. No tenant improvements are proposed to the space; however, some
operations will be moved around within the space to accommodate a small classroom
area for the instructions. Clients of the scuba instruction will receive lectures and
presentations as well as learn how to use to scuba equipment. Pool and ocean training
sessions will occur offsite in various locations, but clients will pick up the required scuba
equipment at the tenant space. Scuba instruction is proposed during the evening hours
one (1) or two (2) nights weekly.
An air compressor will be located at the rear of the tenant space for the purposes of
filling up air tanks for the clients use off -site. All operations will occur within the existing
building with the doors closed. No outdoor storage of materials including air tanks will
occur at the property.
Zoning Administrator
June 30, 2014
CUP 2014 -07
Page 4
Hours of Operation and Parking
The primary wholesale and online scuba equipment business operates from 10:00 a.m.
to 6:30 p.m. Monday through Saturday. The ancillary scuba instruction would occur in
the evening hours after the primary business closes from the hours of 6:30 p.m. to 9:30
p.m. The majority of tenants within the center will have closed by the time scuba
instruction begins.
The business is currently approved for fifty (50) percent office, twenty (20) percent
warehouse, and thirty (30) percent wholesale use within an 1,800 square foot tenant
space. The proposed indoor recreational, scuba instruction, use requires a parking ratio
of one (1) space for each three (3) persons. The current use is allotted 4.5 parking stalls
which would allow for a maximum of thirteen (13) persons, including instructors, for scuba
instruction within the tenant space at any given time. If in the future, the applicant wishes
to operate the scuba instruction at the same time as the primary business then a
comprehensive parking summary of the center would need to be provided demonstrating
that the required parking is provided.
FINDINGS:
In determining whether to approve the CUP for the ancillary scuba instruction use, the
Zoning Administrator must determine whether or not the proposed use will 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. A
decision to approve this request may be supported by the following findings:
1) Section VI, Subsection C of the IIC allows for indoor recreational uses such as
scuba instruction subject to the approval of a CUP.
2) The proposed use would be an ancillary component of the existing primary
business of the wholesale and online scuba equipment store.
3) No parking or traffic impacts are anticipated since the scuba instruction would not
occur at the same time as the primary business use. Scuba instruction would
occur in the evening hours when the majority of tenants within the center are
closed. The number of clients and instructors would be limited to the available
parking allotted to the tenant space.
4) All activities would occur within the building and no outdoor storage would be
permitted.
Zoning Administrator
June 30, 2014
CUP 2014 -07
Page 5
5) No noise impacts are anticipated as the exterior doors to the tenant space are
required to remain closed when operating the air compressor.
6) As conditioned, Conditional Use Permit 2014 -07 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 2014 -07 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.
Staff recommends that that the Zoning Administrator adopt Zoning Administrator Action
No. 14 -003 approving Conditional Use Permit 2014 -07 to operate ancillary scuba
instruction in conjunction with an existing wholesale and online scuba equipment shop
located within an existing 1,800 square foot tenant space at 2600 Walnut Avenue, Suite
F.
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Senior Planner
Attachments: A. Location Map
B. Land Use Fact Sheet
C. Submitted Plans
D. ZAA 14 -003
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Location Map
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LOCATION MAP
CUP 2014-07
2600 WALNUT AVE, SUITE F
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PROJECT SITE
BEN LIEY C,
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Land Use Fact Sheet
LAND USE APPLICATION FACT SHEET
1. LAND USE APPLICATION NUMBER(S): CUP 2014 -07
2. LOCATION: IRVINE INDUSTRIAL COMPLEX 3, ADDRESS: 2600 WALNUT AVENUE, SUITE F
4. APN(S):432- 492 -31
5. PREVIOUS APPLICATION RELATING TO THIS PROPERTY: NONE PERTAINING TO TENANT
6. SURROUNDING LAND USES:
NORTH: INDUSTRIAL/OFFICE SOUTH: INDUSTRIAL /OFFICE
EAST: INDUSTRIAL /OFFICE WEST: INDUSTRIAL/OFFICE
7. SURROUNDING ZONING DESIGNATION:
NORTH: PC IND - PLANNED COMMUNITY INDUSTRIAL
SOUTH: PC IND - PLANNED COMMUNITY INDUSTRIAL
EAST: PC IND- PLANNED COMMUNITY INDUSTRIAL
WEST: PC COMM -PLANNED COMMUNITY COMMERCIAL
8. SURROUNDING GENERAL PLAN DESIGNATION
NORTH: PC COMMERCIAL /BUSINESS SOUTH: PC COMMERCIAL /BUSINESS
EAST: PC COMMERCIAL /BUSINESS WEST: PC COMMERCIAL /BUSINESS
9. SITE LAND USE:
A. EXISTING: INDUSTRIAL /OFFICE /SUPPORT COMMERCIAL B. PROPOSED: SAME
C. GENERAL PLAN: PC COMMERCIAL /BUSINESS D. ZONING: PC IND
PROPOSED GP: SAME PROPOSED ZONING: SAME
DEVELOPMENT FACTS:
10, LOT AREA: 10.2 ACRES APPROX,
11. PARKING: 377 PROVIDED STALLS; NO CHANGE TO PARKING
12. TENANT IMPROVEMENTS: NONE
ATTACHMENT C
Submitted Plans
RECEIVED
APR 2 9 2014
D.B.A.: wet dog SCUBA COMMUNITY ULVELOPMENT
BY:
Request to The City of TUSTIN for a "CONDITIONAL USE PERMIT
Nocturnal Lights, Inc. is a 10 year old Internet company offering the Dive Community a
better way to gain access in the purchase of dive gear and the training on how to learn to
SCUBA dive.
Our request to The City of TUSTIN for a "CONDITIONAL USE PERMIT", to allow
Nocturnal Lights, Inc. (D.B.A.: wet dog SCUBA), to offer lectures to learn how to
SCUBA dive. No physical changes or construction inside or outside of our "PAD" will
take place for our endeavor.
We are only rearranging some display cases in the retail center and moving our IT folk's
work stations from the current retail center to another room.
There are now 4 divisions of Nocturnal Lights, Inc:
1) www.Nocturnalliehts com
Nocturnal Lights.com Inc is a manufacturer of underwater lighting systems
catering to various types of divers, underwater photographers, and underwater
vdeographers all over the world. Our philosophy is to provide our users the best in class
underwater lighting technology and design, and our focus on reliability and value has
made us the preferred underwater lighting manufacturers for consumers and
professionals alike.
2) www.shootin underwater.com
Serving Divers Photographers and Videographers
ShootingUnderwater.com offers a full line of underwater photo equipment like
underwater camera and video housings, strobes, video lights, and accessories. Working
with only the most reputable manufacturer in the business, we make sure our customers
get the best products, support, and prices.
3) www.divecatalog.com
DiveCatalog.com is a source for scuba divers to research, review, and shop for a
complete line of scuba diving equipment. Our goal is to provide you with the widest
selection of top rated products, best service, and the best prices. By working closely with
only the most reputable manufacturers in the scuba industry, we strive to make sure our
customers enjoy the best products, customer support, and prices.
And our NEW Retail Center in Tustin CA
D.B.A.: wet dog SCUBA
4) www.wetdogSCUBA.com
wet dog SCUBA is a Southern California Dive Shop that offers scuba and photo
equipment, certification, and rentals. With an experienced staff and a full line of
products from over 30 suppliers, we are here to get you in the water with some of the
best equipment in the market.
We are located on 2600 Walnut Ave, Suite F, Tustin, CA 92780 on Walnut between
Jamboree and Tustin Ranch Road.
Hours of Operation
Monday to Saturday: l O:OOAM- 7:OOPM.
Dive Certifications
We offer open water dive classes, advanced open water, most of the specialty classes
offered by both PADI and NAUI. Lectures and pool sessions available on weeknights
and weekends and open water dive on weekends. NAUI's eLeaming and private lessons
available.
Scuba Equipment Sales
We have a full range of products from masks, snorkels, and fins to the most advanced
dry suits and dive computers in stock. Come on in and talk to our experienced staff who
is ready to answer all of your questions.
Photo and Video Equipment Sales
We stock some of the best underwater camera housings, strobes, video lights, arms, and
Go Pro accessories.
Rental Gear
Choose from a big selection of scuba gear, tanks, and underwater cameras.
Showroom
Come see our showroom filled with a wide selection of products.
How are we different from other scuba shops?
1. We work closely with manufacturers to provide our customers with excellent
customer support so we can inform and advise before and after a sale.
2. We offer unique packages with our diverse line of products.
3. We put the customer first at all times when recommending products.
FL )OR PLAN
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ATTACHMENT D
ZAA 14 -003
ZONING ADMINISTRATOR ACTION 14 -003
CONDITIONAL USE PERMIT 2014 -07
2600 WALNUT AVENUE, SUITE F
The Zoning Administrator of the City of Tustin does hereby resolve as follows:
The Zoning Administrator finds and determines as follows
A. That a proper application for Conditional Use Permit 2014 -07 was filed by
Tim Lau of Nocturnal Lights, Inc., requesting authorization to operate an
ancillary scuba instruction in conjunction with an existing wholesale and
online scuba equipment shop located within an existing 1,800 square foot
tenant space at 2600 Walnut Avenue, Suite F.
B. That the Planned Community Industrial zoning designation, Irvine Industrial
Complex Planned Community District regulations, and General Plan land
use designation of Planned Community Commercial /Business provide for a
variety of commercial, office, and light industrial 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 in accordance with TCC Section 9299b(3)(f), the Zoning
Administrator is authorized to consider minor conditional use permits for
existing development where there would be no change of primary use,
there would be no expansion of floor area, and the request would not alter
the original intent of the project or site.
D. That a public hearing was duly called, noticed, and held for Conditional Use
Permit 2014 -07 on June 30, 2014, by the Zoning Administrator.
E. That the establishment, maintenance, and operation of the proposed
ancillary scuba instruction 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 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 by the following findings:
1) Section VI, Subsection C of the IIC allows for indoor recreational uses
such as scuba instruction subject to the approval of a Conditional Use
Permit
2) The proposed use would be an ancillary component of the existing
primary business of the wholesale and online scuba equipment store.
Zoning Administrator Action 14 -003
Conditional Use Permit 2014 -07
Page 2
3) No parking or traffic impacts are anticipated since the scuba instruction
would not occur at the same time as the primary business use. Scuba
instruction would occur in the evening hours when the majority of
tenants within the center are closed. The number of clients and
instructors would be limited to the available parking allotted to the
tenant space.
4) All activities would occur within the building and no outdoor storage
would be permitted.
5) No noise impacts are anticipated as the exterior doors to the tenant
space are required to remain closed when operating the air
compressor.
6) As conditioned, Conditional Use Permit 2014 -07 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 2014 -07 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 California Code of Regulations (Guidelines
for the California Environmental Quality Act).
II. The Zoning Administrator hereby adopts Zoning Administrator Action No. 14 -003
approving Conditional Use Permit 2014 -07 to operate an ancillary scuba
instruction in conjunction with an existing wholesale and online scuba equipment
shop located within an existing 1,800 square foot tenant space at 2600 Walnut
Avenue, Suite F, 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 30th day of June, 2014.
ELIZABETH A. BINSACK
ZONING ADMINISTRATOR
0-0
Zoning Administrator Action 14 -003
Conditional Use Permit 2014 -07
Page 3
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, VERA TISCARENO, the undersigned, hereby certify that I am the Recording Secretary
of the Zoning Administrator of the City of Tustin, California; that Zoning Administrator
Action No. 14 -003 passed and adopted at a regular meeting of the Tustin Zoning
Administrator, held on the 30th day of June, 2014.
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EXHIBIT A
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT 2014 -07
2600 WALNUT AVENUE, SUITE F
GENERAL
(1) 1.1 The proposed project shall substantially conform with the submitted plans
for the project date stamped June 30, 2014, 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) 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 2014 -07 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) 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.
SOURCE CODES
(1)
STANDARD CONDITION
(5)
(2)
CEQA MITIGATION
(6)
(3)
UNIFORM BUILDING CODE /S
(7)
(4)
DESIGN REVIEW
***
RESPONSIBLE AGENCY REQUIREMENTS
LANDSCAPING GUIDELINES
PC /CC POLICY
EXCEPTIONS
Zoning Administrator Action 14 -003
Conditional Use Permit 2014 -07
Exhibit A
Page 2
(1) 1.7 Conditional Use Permit 2014 -07 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 2014 -07, 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.
(d) Prepare a noise analysis and install recommended sound
attenuation mitigation measures
(e) Removal of the air compressor
(1) 1.9 As a condition of approval of Conditional Use Permit 2014 -07 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 proposed indoor recreational, scuba instruction, use requires a
parking ratio of one (1) space for each three (3) persons. The business is
Zoning Administrator Action 14 -003
Conditional Use Permit 2014 -07
Exhibit A
Page 3
currently approved for fifty (50) percent office, twenty (20) percent
warehouse, and thirty (30) percent wholesale use within an 1,800 square
foot tenant space. The current use is allotted 4.5 parking stalls which would
allow for a maximum of thirteen (13) persons, including instructors, for scuba
instruction within the tenant space at any given time.
(1) 2.2 Ancillary scuba instruction shall not operate at the same time as the
primary wholesale and office scuba equipment business. If in the future,
the applicant wishes to operate the scuba instruction at the same time as
the primary business or increase the number of participants then a
comprehensive parking summary for the center will need to be provided
which demonstrates that additional parking stalls are available to
accommodate both uses operating concurrently. Alternatively, a joint use
parking analysis may be provided which demonstrates that there is
sufficient parking in the center to accommodate all proposed uses.
(1) 2.3 Each scuba instruction 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 scuba instruction session.
(1) 2.4 All activities shall be located within the enclosed building. No
congregation and /or loitering in the parking area or walkways are allowed
in association with the use.
(1) 2.5 All activities shall comply with the City's Noise Ordinance. Exterior doors
to the facility shall be closed when operating the air compressor.
(1) 2.6 No change or alteration of the tenant space shall occur without prior
approval of the Community Development Director. Major modifications to
the floor area, services, and /or operation of the business may require
consideration of a new conditional use permit.
(1) 2.7 No outdoor storage shall be permitted except as approved by the
Community Development Director. All scuba equipment including tanks
shall be stored within the existing building.
FEES
(2) 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 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.