HomeMy WebLinkAbout2-15-17 ZA PACKET AGENDA
ZONING ADMINISTRATOR MEETING
FEBRUARY 15, 2017
CALL TO ORDER: 10:00 a.m.
Community Development Conference Room
ROLL CALL: Elizabeth A. Binsack, Zoning Administrator
PUBLIC CONCERNS: (Limited to 3 minutes per person for items not on the
agenda)
CONSENT CALENDAR: None
PUBLIC HEARING:
1. CONDITIONAL USE PERMIT(CUP) 2016-29
APPLICANT: Stuart Haskin
Get Safe
15032 Red Hill Ave., Unit E
Tustin, CA 92780
PROPERTY OWNER: Borchard Redhill CA 4-14 Fund LLC
c/o Depasquale Kelley & Company
19200 Von Karman Ave., #1000
Irvine, CA 92612-8528
LOCATION: 15032 Red Hill Avenue, Unit E
REQUEST:
To establish and operate a community safety and self-defense studio within an existing
2,945 square foot tenant space.
ENVIRONMENTAL STATUS:
This project is categorically exempt (Class 1) pursuant to Section 15301 of the California
Environmental Quality Act.
RECOMMENDATION:
That the Zoning Administrator adopt Zoning Administrator Action (ZAA) No. 17-003
approving CUP 2016-29 to establish and operate a community safety and self-defense
studio within an existing 2,945 square foot tenant space located at 15032 Red Hill Avenue,
Unit E.
REGULAR BUSINESS: None
ADJOURNMENT:
The date of the next meeting of the Zoning Administrator will be scheduled when items are
set for hearing.
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AGENDA REPORT ITEM
.
MEETING DATE: FEBRUARY 15. 2017
TO: ZONING ADMINISTRATOR
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: CONDITIONAL USE PERMIT 2016-29
APPLICANT: PROPERTY OWNER:
STUART HASKIN BORCHARD REDHILL CA 4-14 FUND LLC
GET SAFE CIO DEPASQUALE KELLEY & COMPANY
15032 RED HILL AVE., UNIT E 19200 VON KARMAN AVE., #1000
TUSTIN, CA 92780 IRVINE, CA 92612-8528
LOCATION: 15032 RED HILL AVENUE, UNIT E
GENERALPLAN: INDUSTRIAL
ZONING: INDUSTRIAL
ENVIRONMENTAL
STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1) PURSUANT
TO SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT.
REQUEST: TO ESTABLISH AND OPERATE A COMMUNITY SAFETY AND SELF-
DEFENSE STUDIO WITHIN AN EXISTING 2,945 SQUARE FOOT
TENANT SPACE.
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Zoning Administrator
February 15, 2017
CUP 2016-29
Page 2
RECOMMENDATION
That the Zoning Administrator adopt Zoning Administrator Action (ZAA) No. 17-003 approving
Conditional Use Permit (CUP) 2016-29 to establish and operate a community safety and self-
defense studio within an existing 2,945 square foot tenant space located at 15032 Red Hill
Avenue, Unit E.
APPROVAL AUTHORITY
The project site is located within the Industrial (M) zoning district and within the Industrial (1)
General Plan land use designation. Professional, instructional, motivational, vocational and/or
seminars are conditionally permitted uses in the M zoning district. Tustin City Code (TCC)
Section 9299b3(f) authorizes the Zoning Administrator to review applications for minor
conditional use permits for existing developments where there would be no change of primary
use, no expansion of floor area, and the request would not alter the original intent of the project
or site.
BACKGROUND
Location
The project site is located within the Tustin Business Park and is bounded by Edinger Avenue to
the northeast. Red Hill Avenue to the west, and Parkway Loop to the south and east. The Center
was originally built as an industrial office complex for small industrial office businesses and
contains fifteen (15) buildings. The buildings have numerous store fronts and the tenant suites
also have roll-up doors at the rear of each space. The subject tenant space is 2,945 square feet
located in building 7 which is a multi-tenant building at the west portion of the property
55012 Red Hill,
Unit E
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Figure 1 — Area Map
Zoning Administrator
February 15, 2017
CUP 2016-29
Page'3
On June 9, 2009, the Planning Commission approved a modification to CUP 94-021 authorizing an
increase in the maximum allowable square footage of office space from 11.5,500 square feet to
142,900 square feet within the existing buildings at the Tustin Business Park. Currently, the
business park has 133,563 square feet of office space, 104,355 . square feet of
warehouse/manufacturing space and 606 parking spaces. Multiple instructional uses (i.e., fencing,
batting cages, martial arts and tutoring) have also been approved.
Surrounding Properties
Properties adjacent to the subject property are generally commercial and industrial in nature.
Properties to the northeast(across EdingerAvenue) and east are zoned Industrial (M), to the south
are zoned MCAS Specific Plan (MCAS SP)and to the west (across Red Hill Avenue) is the Pacific
Center East Specific Plan (SP-11).
PROJECT DESCRIPTION:
Get Safe is a non-profit organization specializing in workshops and trainings in personal safety,
self-defense and violence prevention and has been operating since 1986 in Southern California.
The organization also works with state agencies, social service groups and other organizations
to provide safety education to developmentally disabled individuals and their families. A more
complete description of the community safety and self-defense studio's background and
services is provided in Attachment"C".
The 2,945 square-foot facility will include roughly 2,000 square feet of training area with the
remainder dedicated to office and reception areas. No tenant improvements, interior or exterior,
are anticipated. The studio will be conditioned to keep attendance under forty-nine (49)
individuals and a change of building occupancy classification will not be required.
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Figure 2. Floor Plan
Zoning Administrator
February 15, 2017
CUP 2016-29
Page 4
Hours of Operation
The organization operates their business office on the second floor of the tenant space
between 9:00 a.m. and 5:00 p.m. during the week and has a staff of three (3) to four (4)
people who carry out general office duties. The first floor is used for training and
classes. Between 9:00 a.m. and 5:00 p.m., classes for up to four (4) persons are
conducted throughout the day, but not concurrently. Evening classes in self-defense
are taught by one instructor with up to fifteen (15) students. The last class of the day
ends at 8:00 p.m. The evening classes occur when most of the other businesses in the
Tustin Business Park are closed.
Parking
The CUP amendment (CUP 09-021 approved by the Planning Commission June 9,
2009) approved an increase in office square footage and an additional 31 on-site
parking spaces along Parkway Loop which is a private street that provides access to the
Center. The additional 31 parking spaces brought the total number of parking spaces at
the Tustin Business Center to 606 parking spaces.
Parking requirements for the proposed use is based upon Section 9263.8 of the TCC for
"Studios for dance, art, martial arts, one-on-one personal fitness; tutoring facilities",
which requires one (1) space for each instructor plus one (1) space for each three (3)
students present at any given time. The maximum number of students would occur
during the evening hours with up to fifteen (15) students taught by (1) instructor,
resulting in a parking requirement of six (6) spaces. During the daytime hours, classes
of up to four (4) students with one (1) instructor occur concurrently with the general
office use. The number of spaces required would be 2.33 for the training studio and
3.78 for the office based on 945 square feet of office space, for a total of 6.11 parking
spaces. Rounded up pursuant to TCC 9263e, the parking requirement would result in
seven (7) parking spaces. Because the daytime uses exceed the number of parking
spaces required in the evening, the parking requirement for the use is seven (7) parking
spaces.
Table 1 (page 5) shows the Centers square footage by use and the required number of
parking spaces based on the parking ratios required by TCC Section 9263(g).
Zoning Administrator
February 15, 2017
CUP 2016-29
Page 5
Table 1
Parking
Zoning Allocation Per Ratio GFA Required
Land Use
Office (first 25,000 sflI 1.250 25,000 100
Office (over 25,000 sq 1:300 108,924 363
Subtotal- office 133,924 463
Subtotal- Warehouse 92,53.3 93
NIIFGJRDf t:3b/lee fi 1.500 14,145 28
Subtotal- MFG/R&D/LobfTech 14,145 28
TOTALS 584
240,602
Based upon the TCC parking requirements for the specific uses listed above, 584 required
parking spaces are required. Given there are a total of 606 existing stripped parking
spaces, there is adequate parking for the proposed use.
Given the hours of operation, and low volume of people in the tenant space during the
daytime, and that evening classes which occur when most of the other businesses are
closed, it is anticipated that the use would therefore not generate negative impacts to the
surrounding tenants from foot traffic, parking availability and noise.
Should a parking problem arise in the future, Condition 1.8, would allow review of the CUP
and may require additional on-site modifications.
FINDINGS:
In determining whether to approve the CUP for the community safety and self-defense
studio, the Zoning Administrator must determine whether or not the proposed use will be
detrimental to the health, safety, merals, 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 Industrial (M) District allows industrial uses such as manufacturing,
assembly, warehousing, laboratories, and other light industrial uses. Uses such
as offices and other support commercial uses, including instructional schools, are
conditionally permitted subject to the approval of a CUP. The proposed
community safety and self-defense studio is similar to an instructional school in
that the proposed use operates in the same manner as other instructional uses
whereby each class is taught by an instructor and multiple students and that the
traffic and parking needs are similar with such use.
Zoning Administrator
February 15, 2017
CUP 2016-29
Page 6
2. The proposed community safety and self-defense studio is located in a large
multi-tenant industrial office complex and potential conflicts between the use and
other tenants is not anticipated because adequate parking is provided, and the
conditions to be imposed. As conditioned, the number of occupants, types of
activities and hours of operation would be compatible with the neighboring light
industrial and office uses, and the applicant would be required to notify the City of
any changes to the use of the facility.
3. As conditioned, no noise impacts are anticipated in that all training activities shall
be conducted entirely within the building and would be required to comply with
the City's Noise Ordinance.
4. As conditioned, CUP 2016-29 may be reviewed by the Community Development
Director, if necessary, to ensure compatibility with surrounding uses. If the use is
not operated in accordance with CUP 2016-28 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 CUP.
5. The proposed use would not have any aesthetic impacts to the area since no
exterior modifications are proposed.
6. The City's Public Works Department, Police Department and Building Division
have reviewed and support the development of the proposed project, as
conditioned.
Staff recommends that that the Zoning Administrator adopt ZAA No. 17-003 approving
CUP 2016-29 to establish and operate a community safety and self-defense studio
located within an existing 2,945 square-foot tenant space located at 15032 Red Hill
Avenue. Unit E.
�.dvtiv
Elaine Dove, AICP
Senior Planner
Attachments: A. Location Map
B. Land Use Fact Sheet
C. Background and Services Information Sheet
D. Submitted Plans
E. ZAA 17-003
ATTACHMENT A
Location Map
Location Map
15032 Red Hill Ave
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ATTACHMENT B
Land Use Fact Sheet
LAND USE APPLICATION FACT SHEET
1. LAND USE APPLICATION NUMBER(S): CONDITIONAL USE PERMIT(CUP) 2016-29
2. LOCATION: Southeast corner of Red Hill Avenue and Edinger Avenue
3. ADDRESS: 15032 Red Hill, Unit E, Tustin, CA 992780
4. LOT: Parcel A: Parcel 2 as shown on Map filed in Book 64, Pg. 39 of Parcel Maps
Parcel B: All buildings, structures, fixtures and other improvements described as Parcels 1, 2, 3, and 4 in
the City of Tustin, County of Orange, as shown on a map filed in Book 64, pg. 39, excepting any portion of said land
described in a deed to the City of Tustin, recorded 1212103, as instrument No. 2003001438696 of Official Records
5. APN: 430-282-21
6. PREVIOUS OR CONCURRENT APPLICATIONS RELATING TO THIS PROPERTY:
USE PERMIT 75-10 PRIVATE STORAGE)! CUP 94-021 OFFICE USES EXCEEDING 50% OF
FLOOR AREA), CUP 99-029 CHURCH USE AT 15102 RED HILL AVE.
7. SURROUNDING LAND USES AND ZONING DESIGNATIONS:
NORTH: (ACROSS EDINGER: M (INDUSTRIAL)
SOUTH: M (INDUSTRIAL) AND MCAS SPECIFIC PLAN—SP-1
EAST: M (INDUSTRIAL)AND MCAS SPECIFIC PLAN—SP-1
WEST(ACROSS RED HILL): PC-COM (PLANNED COMMUNITY COMMERCIAL)- PACIFIC EAST
SPECIFIC PLAN DISTRICT(SP-11)
8. SURROUNDING GENERAL PLAN DESIGNATION:
NORTH. ACROSS EDINGER: 1 (INDUSTRIAL)
SOUTH: I (INDUSTRIAL) AND MCAS SPECIFIC PLAN
EAST: I INDUSTRIAL AND MCAS TUSTIN SPECIFIC PLAN
WEST: (ACROSS RED HILL) PLANNED COMMUNITY COMMERC[AUBUSINESS PCCB
9. SITE LAND USE:
A. EXISTING: TUSTIN BUSINESS PARK PROPOSED: SAME
B. GENERAL PLAN: 1 -[NDUSTRiAL PROPOSED: SAME
C. ZONING. .M— INDUSTRIAL PROPOSED: SAME
DEVELOPMENT FACTS:
(NO SPECIFIC DEVELOPMENT STANDARDS REQUIRED IN P&I ZONE)
11. LOT AREA: 304,759 S.F. 7 ACRES
12. BUILDING LOT COVERAGE: NIA MAX. PERMITTED NIA EXISTING
13. SITE LANDSCAPING: NIA REQUIRED NIA PROPOSED
14, PARKING: 7 SPACES REQUIRED 7 PROVIDED
ATTACHMENT C
Background and Services Information Sheet
RECEIVED
DEC 2 0 2016
COMMUNITY DEVELOPMEI
BY:
SAF;h.. .
P r e p a r e - R e s p o n d - E m p o w e r
Contact Us
9:x0':'2 4 df�tl Ade�7Ge 19ri E. �j PhoP,e:(714)X34-GG5,,t3
Tu0n,CA 92780 Fad(711)834-0070
History of GET SAFE
GET SAFE began serving the community in 1986 by offering self-defense training and safety
educational classes to schools,public agencies, social service organizations and corporations.For
the past 30 years,more than 100,000 men,women, and children in Southern California have
been served. Currently, GET SAFE reaches approximately 5,000 people each year.
We received our non-profit status in 1997 and GET SAFE has specialized in the development
and instruction of workshops and trainings in personal safety, sexual assault prevention, survivor
recovery,perpetrator rehabilitation, self-defense, and violence prevention. Our goal is to make
violence prevention and safety education available to individuals who would not ordinarily be
able to afford such training.
We have also successfully hosted 10 conferences on the topics of self-advocacy, legal updates,
leadership, housing, and transportation. GET SAFE's programming offers a unique blend of
counseling, education, interaction,physical training, and humor that has been referred to as a
"best-practice model"by the California Department of Education. We are specifically known for
our ability to engage and involve our audiences,no matter their age, gender, sexual orientation,
or abilities.
Currently, GET SAFE is a vendor to California's 21 state-operated regional centers and has
collaborated with hundreds of community support agencies, social service groups,care facilities,
schools and organizations to provide services to individuals with developmental disabilities and
their families, through our safety education, self-advocacy forums, and diversity-awareness
trainings. GET SAFE holds seats within the Regional Center of Orange County's Criminal Issues
Committee as well as the Senator's Autism Task Force.
In 2002 GET SAFE received the Spotlight Award in the Support Services Vendor category for
Outstanding Service to persons with Developmental Disabilities.
What GET SAFE does
We currently provide our services to those who are especially vulnerable to victimization
including;
1. All members of the community regardless of their abilities
2. Children and youth,survivors of violent crime.
3. Elderly
4. People with developmental disabilities.
Due to our long standing history within the community, GET SAFE has recruited and retained
highly motivated, qualified, and diverse staff, volunteers, and board members who work to
promote our program.
In addition to in-house safety and self-defense training, all of our instructors are required to
attend a state-certified 48-hour Sexual Assault Crisis Counselor training, dispute resolution
training, complete continuing education courses, and have extensive training in self-defense
techniques. Some of our instructors also have law enforcement backgrounds.
What happens in our building:
During the day, our offices are typically open from 9:00 AM until 5:00 PM.There will be light
usage of the office, with three to four staff members work in the upstairs portion of our business.
They manage our schedules, all business correspondence, grants, and carry out general office
duties.
The downstairs portion of our building is relegated to the self-training and workout component
of our business. This allocated portion of our building is set aside to provide small self-defense
classes for students of all ages. During the day, this portion of our business is managed by 1 staff
member along with up to 4 students who attend classes throughout the day. In the evening, our
business is taught by 1 staff member and has up to 15 students who attend self-defense classes.
Although the number of students will increase by the evening, the staff members working in the
upstairs portion of our business will have left the office by the time evening classes have begun.
ATTACHMENT D
Submitted Plans
RECEIVED
DEC 2 0 2016
COMMUNITY DEVELOPMENT
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Building 3 1582 Parkway Loop Building 10 15011 Parkway Loop
Building 4 1571 Parkway Loop Building 11 15031 Parkway Loop
Building 5 1541 Parkway Loop Building 12 15042 Parkway Loop
Building 6 15052 Red Hill Ave. Building 13 15022 Parkway Loop
Building 7 15032 Red Hill Ave. Building 14 1622 Edinger Ave.
Building 8 15012 Red Hill Ave. Building 15 1652 Edinger Ave.
Building 16 1702 Edinger Ave
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ATTACHMENT E
ZAA 17-003
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ZONING ADMINISTRATOR ACTION 17-003
CONDITIONAL USE PERMIT 2016-29
15032 RED HILL AVENUE, UNIT E
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 (CUP) 2016-29 was
filed by Stuart Haskin on behalf of the Get Safe, requesting authorization to
establish and operate a community safety and self-defense studio located
within an existing 2,945 square-foot tenant space located at 15032 Red Hill
Avenue, Unit E, in the Tustin Business Park.
B. That the property is zoned Industrial (M) and a General Plan land use
designation of Industrial (1) which provide a variety of industrial and
commercial service uses including schools for professional, instructional,
motivational, vocational and/or seminar uses with approval of a CUP. The
project is consistent with the Air Quality Sub-element of the City of Tustin
General Plan.
C. That in accordance with Tustin City Code'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 CUP 2016-29 on
February 15, 2017, by the Zoning Administrator.
E. That the establishment, maintenance, and operation of the proposed fitness
center 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 Industrial (M) District allows industrial uses such as
manufacturing, assembly, warehousing, laboratories, and other
light industrial uses. Uses such as offices and other support
commercial uses, including instructional schools, are conditionally-
permitted subject to the approval of a CUP. The proposed
community safety and self-defense studio is similar to an
instructional school in that the proposed use operates in the same
manner as other instructional uses whereby each class is taught by
Zoning Administrator Action 17-003
Conditional Use Permit 2016-29
Page 2
an instructor and multiple students and that the traffic and parking
needs are similar with such use.
2) The proposed community safety and self-defense studio is located
in a large multi-tenant industrial office complex and potential
conflicts between the use and other tenants is not anticipated
because adequate parking is provided, and the conditions to be
imposed. As conditioned, the number of occupants, types of
activities and hours of operation would be compatible with the
neighboring light industrial and office uses, and the applicant would
be required to notify the City of any changes to the use of the
facility.
3) As conditioned, no noise impacts are anticipated in that all training
activities shall be conducted entirely within the building and would
be required to comply with the City's Noise Ordinance.
4) As conditioned, CUP 2016-29 may be reviewed by the Community
Development Director, if necessary, to ensure compatibility with
surrounding uses. If the use is not operated in accordance with
CUP 2016-29 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 CUP.
5) The proposed use would not have any aesthetic impacts to the
area since no exterior modifications are proposed.
6) The City's Public Works Department, Police Department and
Building Division have reviewed and support the development of
the proposed project, as conditioned.
F. That this project is categorically exempt pursuant to Section 15301, (Class
1 — Existing Facilities) of Title 14, Chapter 3 of the California Code of
Regulations (Guidelines for the California Environmental Quality Act) in
that the project site is an existing facility and involves no expansion of an
existing industrial office center.
II. The Zoning Administrator hereby adopts Zoning Administrator Action No. 17-003
approving CUP 2016-29 authorizing the establishment and operation of a
community safety and self-defense studio located within an existing 2,945
square-foot tenant space located at 15032 Red Hill Avenue, Unit E., subject to
the conditions contained within Exhibit A attached hereto.
Zoning Administrator Action 17-003
Conditional Use Permit 2016-29
Page 3
PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular
meeting held on the 15th day of February, 2017.
ELIZABETH A. BINSACK
ZONING ADMINISTRATOR
VERA TISCARENO
RECORDING SECRETARY
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.
17-003 passed and adopted at a regular meeting of the Tustin Zoning Administrator, held
on the 15th day of February, 2017.
VERA TISCARENO
RECORDING SECRETARY
EXHIBIT A
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT 2016-29
15032 RED HILL AVENUE, UNIT E
GENERAL
(1) 1.1 The proposed project shall substantially conform with the submitted plans
for the project date stamped February 15, 2017, 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 (TCC).
(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 (CUP) 2016-29 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 owrier 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 CODEIS (7) PC/CC POLICY
(4) DESIGN REVIEW **0 EXCEPTIONS
Zoning Administrator Action 15-010
Conditional Use Permit 2015-24
Exhibit A
Page 2
(1) 1.7 CUP 2016-29 may be reviewed annually or more often, if deemed
necessary by the Community Development Department, to ensure
compatibility with the area and compliance with the conditions contained
herein. If the use is not operated in accordance with the conditions of
approval or is found to be a nuisance or negative impacts are affecting the
surrounding tenants or neighborhood, the Community Development Director
may impose additional conditions to eliminate the nuisance or negative
impacts, or may initiate proceedings to revoke the CUP.
(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
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) Establish alternative hours of operation,
b) Reduce client enrollment,
c) Provide additional parking, and/or
d) Provide noise attenuation improvements.
(1) 1.9 As a condition of approval of CUP 2016-29, the applicant shall agree, at its
sole cost and expense, to defend, indemnify, and hold harmless the City, its
officer's, employees, agents, and consultants, from any claim, action, or
proceeding brought by a third party against the City, its officer's, 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 hours of operation for the business shall be as follows:
Monday— Saturday: 9:00 AM to 9:00 PM
Zoning Administrator Action 15-010
Conditional Use Permit 2015-24
Exhibit A
Page 3
Classes are limited to the following:
Day Classes: Up to four (4) persons plus one (1) instructor
Evening Classes: Up to fifteen (15) persons plus one (1)
instructor when offices are not in use
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 and adequate parking is available.
(1) 2.2 Occupancy for the project building shall not exceed 49 people at any given
time. Should applicant change its business operation to exceed 49
people, it shall first submit plans to the Community Development
Department for a change of occupancy from Office/Warehouse to
assembly in accordance with California Building Codes in effect at the
time.
(1) 2.3 Each class shall be concluded to provide sufficient time for attendees of
the prior class to vacate the site prior to arrival of attendees of the next
class.
(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 business 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 by either the Zoning
Administrator or the Planning Commission.
(1) 2.7 If the use authorized by CUP 2018-29 is discontinued for one (1) year,
then it shall be conclusively presumed that such use has been abandoned
and CUP will be deemed expired.
BUILDING
(3) 3.1 All regulations of the Uniform Building Code and the Orange County Fire
Authority regarding occupancy classification, fire rating and exiting standards
shall be met.
FEES
(1) 4.1 Within forty-eight (48) hours of approval of the subject project, the
applicant shall deliver to the Community Development Department, a
Zoning Administrator Action 15-010
Conditional Use Permit 2015-24
Exhibit A
Page 4
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
Califomia Environmental Quality Act could be significantly lengthened.
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