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HomeMy WebLinkAboutPH 3 ZONING ORD AMEND 12-16-85PUBLIC HEARINGS NO. 3 ~12-16,-85 DATE: December 16, 1985 Inter- Corn TO: FROM: SUBJECT: HONORABLE ~IAYOR AND CITY COUNCIL COlgIUNITY DEVELOPHENT DEPARTMENT ZONING ORDINANCE AMENDMENT NO. 85-6 LOCATION OF SCHOOL USES IN PROFESSIONAL/INDUSTRIAL ZONES RECO~qENDED ACTION: It is recommended that the Council amend appropriate sections of the City Code to allow, subject to a conditional use permit, school type uses in the Professional Office and Industrial Zone Districts by the approval of Ordinance No. g57. DISCUSSION: Based upon requests from the members of the business community, the Planning Commission directed staff to review the appropriateness of permitting vocational, instructional and similar type schools in the Professional office and industrial zone districts. After analyzing the request and its implications, the Commission has recommended that the Council amend the City Code to allow such uses, subject to a conditional use permit and very specific parking standards. The detailed analysis supporting the Commission's recommendation is in the attached Report to the Planning Commission. If the Council concurs with the findings and recommendations of the Commission, it is recommended that a Zoning Ordinance Amendment No. 85-6 be approved by the adoption of Ordinance No. 957. JD:do attach: Report to Planning Commission Draft Ordinance No. 957 Report to the Plannin:g Corn mission ITEM NO. 2 DATE: SUBJECT: DECEMBER 9. 1985 ZONING ORDINANCE AHENDMENT NO. 85-6 1. LOCATION OF PROFESSIONAL, INSTRUCTIONAL, MOTIVATIONAL SEMINAR SCHOOLS ZN THE PROFESSIONAL OFFICE DISTRICT. 2. LOCATION OF ATHLETTC INSTRUCTIONAL USES IN INDUSTRIAL DISTRICTS. RECOI~ENDED ACTION: It is recommended that the Planning Commission recommend to the City Council the amendment of the Professional Office District to allow professional, instructiOnal motivational seminar school uses subject to a conditional use permit. It is also recommended the Commission recommend to the City Council that athletic instructional schools be allowed in the industrial zones subject to a conditional use permit. Both of these recommended actions will be forwarded to the City Council by the adoption of Resolution No. 2283. BACKGROUND: The issues before the Commission are being presented as a result of two separate requests from members of the business community. Each item will be discussed individually. School Uses in the Professional Office Districl - Upon the request of Dr. Marti Ralterre, director of the Professional School of Psychological Studies, staff reviewed the issue of whether or not Professional, instructional and/or seminar- type school uses should be permitted in the Professional Office {Pr) District. After being presented with suggested development standards and a recommendation that such uses be allowed subject to a Conditional Use Permit, the Commission directed staff to schedule a public hearing for the purposes of amending the Pr District regulations. Athletic Instructional Uses in Industrial Zone.. - In March 1984, Conditional Use ~ermit UP 84-7 was approved authorizing a gymnastics school for children at 15411 Redhill. The subject site is located with the Industrial (M) District. The use was at that time permitted in the industrial zone based upon the Euclidean nature of the code. To explain further, schools are {and were at that time) allowed subject to a use permit in commercial zones. At the time of approval, the M District stated that all uses in the C-1, C-2, and C-3 commercial districts were also allowed in the M District. Therefore, subject to conditions of approval contained in the use permit, a gymnastics school was authorized. FILE COPY Community Development Department Planning Commission Repor~ Pr zone page 1>/o However', since the approval of the use permit, the M District has been amended removing the clause permitting all uses allowed in commercial districts. The proprietor of the gymnastics school has requested that her business be permitted to expand. Under current code, there is not a procedure available to process the request. Accordingly, the proprietor has requested that the M zone be amended to again allow such uses. ISSUE ANALYSIS: Since the general nature of the two requests instigating code amendments proceedings are clearly different, each district will be discussed separately. Professional Office District Two issues are of concern in considering amending this district: appropriateness of land uses and adequate development standards. In terms of land use, the Professional district is a logical zone for instructional uses provided that proper development standards are imposed. Presently, schools are allowed by right in commercial zones creating the potential for parking problems due to conflicting uses. Additionally, such uses reduce available retail sales space in a primarily retail zone classification. However, parking standards in the professional district must be altered in order to accommodate the more intensive parking demand generated by school uses. Therefore, any amendment to the district should include the following standards: a. Professional, Instructional, Motivational and Seminar schools: One (1) space for each two (2) students at maximum enrollment and one (1) space for each instructor, or one {1) space for each 50 square feet which ever will be greater. The logic behind these proposed requirements is that the Uniform Building C_ode has a maximum occupancy limit for students in a classroom of one (1) person for every 20 square feet. Thus mathematically at the highest allowed density, the proposed parking requirements would be sufficient to accommodate all students. In addition to increased parking standards, a conditional use permit should be required before any school use is authorized in the Professional Office District. Industrial District As in the case in the professional district, land use and proper development standards are at issue in considering school uses in the Industrial District. First, the industrial areas are appropriate for certain classes, particularly vocational training which requires the use of large equipment. In these instances, parking requirements suggested in the professional district should be imposed. Community Development Department Planning Commission Report Pr zone page three Also, structures built in the industrial district, as a result of large unobstructed floor space, are appropriate for athletic, instructional schools (e.g., gymnastics, aerobic classes) However, with these type of uses, parking requirements wtll deviate according to the age of the client served. For example, a gymnastic class for children will not generate demand for long term parking needs. A drop-off or loading zone is more appropriate than requiring additional spaces.Therefore, for uses including instruction of children the following parking standards should be imposed: Off-street parking: one ([) space for each staff member plus one (1) loading space for each eight children. In any event, all school uses in the industrial zone must be approved by a Conditional Use Permit. CONCLUSIONS: Based upon the information presented to the Commission on October 28, 1985, it is concluded the professional Instructional and/or training schools are appropriate uses in the Professional Office District subject to a Conditional Use Permit and increased parking requirements. Further, it is concluded that similar uses, as well as athletic/instructional schools are appropriate fn industrial zones subject to a Conditional Use Permit and increased parking requirements. Tb~s finding is based on previous approval of such uses under codes previously in force. Therefore, it is recommended that the Commission recommend to the City Council the approval of Zoning Ordinance Amendment No. 85-1 by the adoption of Resolution No. 2283. /y~T~y~ DAVIS, Associate Planner JD:do attach: Report to the Commission (10-28-85) Draft Resolution No. 2283 Community Development Department Planning Commission DATE: SUBJECT: OCTOBER 28, 1985 LOCATION OF PROFESSIONAL, INSTRUCTIONAL, MOTIYAT[ONAL AND SERZNAR SCHOOLS IN THE PROFESSIONAL OFFICE DISTRICT (PR). RECOleqENDED ACTION: It is recommended that the Planning Commission intiate an action to amend the Professional District to allow professional, instructional, motivational and seminar school uses subject to a conditional use permit by a direction that a public hearing be advertised. ISSUE: Dr. Marti Malterre, director of the Professional School of Psychological Studies, has requested that the city zoning code be amended to allow a professional school use in the Professional office district. ANALYSIS: Currently prbfesstonal, instructional, motivational and seminar schools are not allowed in the professional office district. However, business schools which would be a comparable use, are allowed in {C-1) Commercial zones. The location of schools in a commercial zone could present problems such as the loss of space for higher sales tax generation retail uses, or an inadequate number of parking spaces to allow schools in a Commercial Zone. The issue of inadequate parking spaces for schools in a commercial district is currently being reviewed by the planning staff. The major concern with the location .of professional and other Schools in any area is the parking demand created by such a use. Currently the parking requirement for professional uses in the PR district is one space per 300 square feet of building space. Although a proposal to increase the requirement to one space per 250 square feet is being considered, the adequacy of this standard for a school use would still be very questionable. In a survey of Orange County cities it was found that only a small percentage allowed a school type use, and then only subject to a conditional use permit. The major reason, for the conditional use permit is to assure that adequate parking is )rovided so parking congestion will not be a problem. ~ Comrnunity Dcvelopmen~ Deparlmcnr ,,~ Planning Commisslon Report PR Zone page two CONCLUSION: When considering school uses in the professional office district it is important to note that normally schools will be occupied at a higher density than will offices.. Because of this, a higher standard of parking requirements would be advantageous. In the survey of other Orange County cities, a variety of parking standards were found.. These standards ranged from one space per 35 square feet to one space per 100 square feet. Another city required one space per each five seats but noted problems have resulted because the requirement was not strict enough. If approved, it is also recommended that the following parking requirements be implemented: Off street parking: (a) Professional, Instructional, Motivational and Seminar schools: One (1) space for each two {2) students at maXimum enrollment and one (1) space for each instructor, or one (1) space for each 50 square feet which ever will be greater. The logic behind these proposed requirements is that the Uniform Building Code has a maximum occupancy limit for students in a classroom of one {1) person for every 20 square feet. Thus mathematically at the highest allowed density, the proposed parking requirements would be sufficient to accommodate all students. In conclusion, the location of professional schools in the professional office district would not have an adverse impact to the city if the stated requirements for parking are met. Specifically, because of the fact that business schools are allowed only in commercial zones and as earlier stated could be a disadvantage. Because of these reasons approval of professional, instructional, motivational and seminar schools in a professional zone is recommended. oo' o~l/I S, clare Planner JD:CH:do ~, Community Development Depariment J 1 2 3 4 5 6 7 I. 8 9 10 11 12 '13 14 ' 15 16 17 18 19 2O 21 23 II. 25 27 28 RESOLUTION NO. 2283 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING TO THE.CITY COUNCIL APPROVAL OF ZONING ORDINANCE NO. 85-6 AUTHORIZING SCHOOL USES, SUBJECT TO CONDITIONAL USE PERMITS, IN THE PROFESSIONAL OFFICE (Pr), AND INDUSTRIAL (M) DISTRICTS The Planning Commission of the city of Tustin does hereby resolve follows: as The Planning Commission finds and determines as follows: That by the initiation of the Planning Commission a public hearing was scheduled to consider amending the municipal code (Zoning Ordinance Amendment 85-6) to authorize school and instructional uses in the Professional Office (Pr) and Industrial (M) District. Bo That the scheduled public hearing was held on the subject amendment. C. That a Negative Declaration of Environmental Impact has been prepared pursuant to the requirements of the California Environmental Quality Act. . De That the amendment of the municipal code as proposed will not be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or'working in the neighborhood of such proposed use, evidenced by the following findings: The uses that will be authorized will be consistent with the Tustin Area General Plan in that they are commercial uses, similar in nature to uses presently permitted by the General Plan and the Tustin Zoning Code. 2. That special parking standards shall be prescribed specifically for school and instructional type uses. That a Conditional Use Permit shall be required prior to the commencement of operation of any school or instructional use in the affected zoning district. E. That Zoning Ordinance Amendment No. 85-6 should be approved. The Planning Commission hereby recommends to the City Council approval of Zoning Ordinance Amendment No. 85-6 as follows: A. That Section 9231 of the Tustin City Code be amended to add the following: 9231(3) Conditionally Permitted Uses. The following uses are authorized subject to a Conditional Use Permit: a) Professional, Instructional, Motivational and/or seminar schools. 1 2 3 4 5 7 8 9 10 11 12 13 15 16 17 18 20 21 22 23 2~ 25 27 28 Resolution No. 2283 page two Off-street parking requirements for these uses shall be as follows: One ([) space for each t~o (g) students at maximum enrollment and one (i) space for each fnstructor; or, one (i) space for each 50 square feet of occupied area, whichever ts greater. B. That Section 9242 of the Tustin City Code is amended to add the following: 9242(d) Conditionally Permitted Uses. The following uses are authorized subject to a Conditional Use Permit: a) Professional, Instructional, Motivational, Vocational and/or Seminar schools. Off-street parking for the uses shall be as follows: One (1) space for each two (2)~ students at maximum enrollment and one (1) space for each instructor; or one (1) space for each 50 square feet of occupied area, whichever is greater. If, however, classes are limited to children under 16 years of age the parking requirements shall be as follOWs: One (1) space for each instructor plus one (1) loading space for each eight {8) children. PASSED AND ADOPTED at a regular meeting of the Planning Commission, held on the day of , 1985. KATHY WEIL, Chairman DONNA ORR, Recording Secretary 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 ORDINANCE NO. 957 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING ZONING ORDINANCE NO. 85-6 AUTHORIZING SCHOOL USES, SUBJECT TO CONDITIONAL USE PERMITS, IN THE7 PROFESSIONAL OFFICE (Pr), AND INDUSTRIAL {M) DISTRICTS The City Council of the city of Tustin does hereby ordain as follows: I. The City Council finds and determines as follows: That by the initiation of the Planning Commission a public hearing was scheduled to consider amending the municipal code (Zoning Ordinance Amendment 85-6) to authorize school and instructional uses in the Professional Office {Pr) and Industrial (M) District. That the scheduled public hearing was held on the subject amendment. That the Planning Commission by the adoption of Resolution No. 2283 recommended to the City Council that Zoning Ordinance Amendment 85-6 be approved. That a Negative Declaration of Environmental Impact has been prepared in conformance with the California Environmental Quality Act and is hereby approved. That the amendment of the municipal code as proposed will not be detrimental to the health, safety, morals, comfort or general welfare of the persons residing or working in the neighborhood of such proposed use, evidenced by the following findings: The uses that will be authorized will be consistent with the Tusttn Area General Plan in that they are commercial uses, similar in nature to uses presently permitted by the General Plan and the Tustin Zoning Code. That special parking standards shall be prescribed specifically for school and instructional type uses. o That a Conditional Use Permit shall be required prior to the commencement of operation of any school or instructional use in the affected zoning district. II. The City Council hereby approves Zoning Ordinance Amendment 85-6 amending the Tustin City Code as follows: 1 2 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Ordinance 957 page two A. That Section 9231 of-the Tusttn City Code be amended to add the following: 9231(3) Conditionally Permitted Uses. The following uses are authorized subject to a Conditional Use Permit: a) Professional, Instructional, Motivational and/or .seminar schools. Off-street parking requirements for these uses shall be as follows: One (1) space for each two (2) students at maximum enrollment and one (1) space for each instructor; or, one (1) space for each 50 square feet of occupied area, whichever is greater. B. That Section 9242 of the Tustin City Code is amended to add the following: g242{d) Conditionally Permitted Uses. The following uses are authorized subject to a Conditional Use Permit: a) Professional, Instructional, Motivational, Vocational and/or Seminar schools. Off-street parking for the uses shall be as follows: One (1) space for each two {2) students at maximum enrollment and one (1) space for each instructor; or one (1) space for each 50 square feet of occupied area, whichever is greater. If, however, classes are limited to children under 16 years of age the parking requirements shall be as follows: One (1) space for each instructor plus one (1) loading space for each eight (8) children. PASSED AND ADOPTED at a regular meeting of the City Council, held on the day of , 1985. Attest: FRANK H. GREINKE Mayor MARY WYNN, City Clerk