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Home My WebLink AboutZA AGENDA ITEM #1♦TY O AG NDA R PORT ITEM #1 MEETING DATE: SEPTEMBER 29, 2014 TO: ZONING ADMINISTRATOR FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CONDITIONAL USE PERMIT 2014 -16 APPLICANT: PROPERTY OWNER: RON DAVIS DOMINES FAMILY TRUST FOR 22 INC. 17632 IRVINE BLVD., #200 5918 BIXBY VILLAGE DR., #103 TUSTIN, CA 92780 LONG BEACH, CA 90802 LOCATION: 17632 IRVINE BLVD., SUITES 200 & 215 GENERAL PLAN: PROFESSIONAL OFFICE ZONING: PROFESSIONAL (PR) ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1) PURSUANT TO SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. REQUEST: TO OPERATE A STATE LICENSED ELECTROLOGY SCHOOL WITHIN AN EXISTING 1,680 SQUARE FOOT TENANT SPACE. Zoning Administrator September 29, 2014 CUP 2014 -16 Page 2 RECOMMENDATION That the Zoning Administrator adopt Zoning Administrator Action (ZAA) No. 14 -006 approving Conditional Use Permit (CUP) 2014 -16 to operate a state licensed electrology school within an existing 1,680 square foot tenant space located at 17632 Irvine Blvd., Suites 200 & 215. APPROVAL AUTHORITY The project site is located within the Professional (PR) zoning district and designated as Professional Office by the General Plan Land Use Map. Section 9231 c3 of the Tustin City Code JCC) requires approval of a conditional use permit for professional, instructional, motivational and /or seminars schools such as the proposed use. Section 9299b(3)(f) of the 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 Location The subject property is located mid -block on the southerly side of Irvine Boulevard between North B Street and Prospect Avenue. Adjacent properties to the site along Irvine Boulevard are located within the same underlying zoning of PR. To the rear of the property at the terminus of C Street are single family residences located within the Single Family Residential (R -1) zoning district (Figure 1). Figure 1 Zoning Administrator September 29, 2014 CUP 2014 -16 Page 3 PROJECT DESCRIPTION: The American Institute of Education (AIE) has been a State of California licensed Electrology School since 1986. The business currently operates in Santa Ana and would be moving to the proposed location. AIE administers the required 600 hour curriculum for electrology within the State of California. Students may begin the program at any time through the open enrollment system and may complete the program at their own pace within 18 months. Since 2007, AIE has been offering a portion of the curriculum via an online format which constitutes 45 percent of the course instruction. This allows students to complete these segments outside of the classroom and reduces the need for students to visit the school location. No tenant improvements to the existing 1,680 square foot office space are proposed. Two office spaces will be provided in addition to clinical workstation areas and conference rooms used as a small classroom and break room (Figure 2). Students may access the facility at their convenience during the hours of operation to complete the practical instruction portion of the curriculum. The applicant has noted that many of the students are from out of town or even out of state and will arrive for a few days to complete their training at the facility. Total enrollment for AIE does not exceed 50 students in any 12 month period. Typically there are no more than seven students at the facility at any given time. The general public would not frequent the facilities for procedures. Break off. Administration Office Figure 2 Classroom Zoning Administrator September 29, 2014 CUP 2014 -16 Page 4 Hours of Operation and Parking The proposed hours of operation during the week are as follows: Tuesday and Wednesday: 9:30 am to 9:30 pm Thursday and Friday: 9:30 am to 7:30 pm Saturday: 9:30 am to 5:30 pm Sunday and Monday: Closed Proposed Condition 2.2 has been included which would allow flexibility in the hours of operation from 9:00 am to 10:00 pm daily. This would allow for future expansion of the business if necessary while still maintaining hours of operations compatible with the office building and surrounding properties. Proposed Conditions 1.7 and 1.8 would allow for further review of the conditional use permit if a nuisance were to arise out of the operation of the business. The existing office building was originally approved with a parking ratio of one (1) space for every 300 square feet of gross floor area. The subject 1,680 square foot tenant space is allotted a total of 5.6 parking spaces. The applicable parking ratio for commercial trade or business schools is one (1) space for every three (3) students and one (1) space for each faculty member or employee. Any combination of students and faculty members/ employees 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 parking spaces allotted to the tenant space. FINDINGS: In determining whether to approve the conditional use permit for the state licensed electrology school 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) The proposed electrology school use is similar to an office use with limited foot traffic. There are not specified class times which would draw large amounts of students at a particular time. Student use of the facility would be most similar to a client visiting an office at staggered time periods. 2) The maximum number of students and faculty members /employees at the facility at any given time would be limited to the available parking. Zoning Administrator September 29, 2014 CUP 2014 -16 Page 5 3) The hours of operation are consistent with office and commercial uses. Evening hours are not anticipated to impact adjacent residences as all activities would occur in the building. 4) Loitering outside the building is not anticipated as students complete the training on their own schedule and would not be waiting for classes to adjourn /start. 5) As conditioned, Conditional Use Permit 2014 -16 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 -16 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 the Zoning Administrator adopt Zoning Administrator Action No. 14 -006 approving Conditional Use Permit 2014 -16 to operate a state licensed electrology school within an existing 1,680 square foot tenant space located at 17632 Irvine Blvd., Suites 200 & 215. Ryan Swiontek Senior Planner Attachments: A. Location Map B. Submitted Plans C. ZAA 14 -006 ATTACHMENT A LOCATION MAP LOCATION MAP CUP 2014 -16 17632 IRVINE BLVD., SUITES 200 & 215 A ATTACHMENT B SUBMITTED PLANS r•ij� �.t� R •f•t ,,.;;�rJa, f 'r�J, . t Kam. r.;''• .. �' , ... .. r "'i: - �� •' �� !1 •'• .. " ; ' `L• '! �: . :T,�. 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Iy Yg„� t 1 I ,w r t • YI I� P' rD cu 77 mol 0 3 :. .. • A° 9 ae :c -e : l J l J. :..... V d¢ e-+ O� /T1 't m 3 0 3 :,', � ;; .. �......... ';. .. .h,_:. :..,:., ., a .•;_•, rc �yy M �. tea! � •'`� Z .. .... .. s m m Ln r- Q iTi o cn z ATTACHMENT C ZONING ADMINISTRATOR ACTION NO. 14 -006 ZONING ADMINISTRATOR ACTION 14 -006 CONDITIONAL USE PERMIT 2014 -16 17632 IRVINE BLVD., SUITES 200 & 215 The Zoning Administrator of the City of Tustin does hereby resolve as follows: I. The Zoning Administrator finds and determines as follows: A. That a proper application for Conditional Use Permit 2014 -16 was filed by Ron Davis of For 22 Inc., requesting authorization to operate a state licensed electrology school within an existing 1,680 square foot tenant space located at 17632 Irvine Blvd., Suites 200 & 215. B. That the Professional zoning designation and General Plan land use designation of Professional Office provides for a variety of office uses including professional, instructional, motivational and /or seminars schools upon approval of a conditional use permit. 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 -16 on September 29, 2014, by the Zoning Administrator. E. That the establishment, maintenance, and operation of the proposed state licensed electrology school 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) The proposed electrology school use is similar to an office use with limited foot traffic. There are not specified class times which would draw large amounts of students at a particular time. Student use of the facility would be most similar to a client visiting an office at staggered time periods. 2) The maximum number of students and faculty members /employees at the facility at any given time would be limited to the available parking. Zoning Administrator Action 14 -006 Conditional Use Permit 2014 -16 Page 2 3) The hours of operation are consistent with office and commercial uses. Evening hours are not anticipated to impact adjacent residences as all activities would occur in the building. 4) Loitering outside the building is not anticipated as students complete the training on their own schedule and would not be waiting for classes to adjourn /start. 5) As conditioned, Conditional Use Permit 2014 -16 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 -16 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 -006 approving Conditional Use Permit 2014 -16 to operate a state licensed electrology school within an existing 1,680 square foot tenant space located at 17632 Irvine Blvd., Suites 200 & 215., 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 29th day of September, 2014. ELIZABETH A. BINSACK ZONING ADMINISTRATOR VERA TISCARENO RECORDING SECRETARY Zoning Administrator Action 14 -006 Conditional Use Permit 2014 -16 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 -006 passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 29th day of September, 2014. VERA TISCARENO RECORDING SECRETARY EXHIBIT A CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 2014 -16 17632 IRVINE BLVD., SUITES 200 & 215 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped September 29, 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 -16 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) RESPONSIBLE AGENCY REQUIREMENTS (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODES (7) PC /CC POLICY (4) DESIGN REVIEW * ** EXCEPTIONS Zoning Administrator Action 14 -006 Conditional Use Permit 2014 -16 Exhibit A Page 2 (1) 1.7 Conditional Use Permit 2014 -16 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 -16, 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 2014 -16 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 state licensed electrology school use requires a parking ratio of one (1) space for each three (3) students and one (1) space for each faculty member /employee in accordance with the City Parking Ordinance. The current 1,680 square foot tenant space is allotted 5.6 parking stalls based on original approvals for the building allowing an office parking ratio of one (1) space for each 300 square feet of gross floor area. Zoning Administrator Action 14 -006 Conditional Use Permit 2014 -16 Exhibit A Page 3 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 (5.6 parking stalls) allotted to the tenant space. (1) 2.2 The proposed electrology school may operate between the hours of 9:00 am to 10:00 pm daily. Modifications to the hours of operation may be approved by the Director of Community Development if it is determined that no impacts to surrounding tenants or properties will occur. ( * * *) 2.3 The facility shall not be available to the general public for procedures or treatments. (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. (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. 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.