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Home My WebLink About01 CUP 2017-01 CARLSON GRACIE AG NDA R PORT ITIS #1 -Now MEETING, DATE. MARCH . 201 T : ZONING A I M STRATC FROM: COMMUNITY DEVELOPMENT ELC P"MENT C EPAI TMENT SUBJECT: CONDITIONAL USE PERMIT 2017-01 APPLICANT, PROPERTY OWNER: ERN ESTC ROCO BORCHARDI .E HILL CSA 4-14 FUND,, LLC CAF LS N GRACIE IRVINE, LLCM C/O DEPASQUALE KELLEY' & COMPANY AN 1542 EDINGER AVENUE, SUITE IF1,9200 VON KARMAN AVENUE #1000 T STIN, CA 92780 IRVINE, CA 92612 LOCATION R 1542 EDI NGEF AVENUE, SCJ ITE E GENERAL PLAN: INDUSTRIAL (1 ZONING: INDUST IAL M ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1.) PURSUANT TO SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALI Y ACT, REQUEST: TO ESTABLISH AND OPERATE A BRAZILIAN JIU JITSU STUDIO WITHIN AN EXISTING 2.124 SQUARE-FOOT TENANT SPACE. a m l s ss,naa Zoning Administrator March 7, 2017 CUP 2017-01 Page 2 RECOMMENDATION That the Zoning Administrator adopt Zoning Administrator Action (ZAA) No. 17-004 approving Conditional Use Perr-nit (CUP) 2017-01 to establish a Brazilian Jiu Jitsu studio in an existing tenant suite located at 1542 Edinger Avenue, Suite F. APPROVAL AUTHORITY The project site is loc-ated within the Industrial (M) zoning district and within the Industrial (1) General Plan land use designation- Schools for 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 Locafiot� The project site is located within the Tustin Business Park and is bounded by Edinger Avenue to the northeast, Red Hill Avenue to the northwest, and Tustin Legacy to, the southwest and southeast. 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 2,124 square feet located in Building 9. which is a multi-tenant building at the north portion of the property A, 1524 Edinger SIIAf Avenue,SWte F ry Op Figure 1 -Area Map # k Zoning Administrator March 7, 201 'CUP 0 7-01 Page I On June 9, 2009, the Planning Commission approved an amendment to CUP 94-021 authorizing an increase in the maximum allowable square footage of office space from 115,500 square feet to 142,900 square feet within the existing buildings at the Tustin Business Park. Currently, the business park has 133,563 square feat .of office space, 104,355 square feetf 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 Edinger Avenue) and southeast are zoned Industrial (M), to. the southwest are zoned MICAS Specific Plan MCAS SP) and to the northwest (across Red'Hill Avenue) is the Pacific center East specific Plan SP-11 . PROJECT DESCRIPTION: .Carlson Gracie Irvine is an organization specializing in workshops- and training in. Brazilian Jiu Jitu. Instruction and day-to-day operations of the facility will .be managed by two employees and partners of the Carlson Gracie 'Irvine, LLC. The 2,124 square- foot facility will include roughly 1,274 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 to a maximum of ten (10) students per class session_ and a change of building occupancy classification will not be required. i W 4" L r" 12 li� 4A o V�,__01 ro .i Figure 2. Floor Plan Hours of Operation The front offices will be used for administrative operations as needed by business, most frequently utilized when training and classes are in session. The organization will offer training and classes- between :30 p.m. and 9:00 p.m. Monday through Friday and 11:00 a.m. and 1:00 p.m. Saturday and Sunday in the "warehouse" portion of the tenant space. The average class size i expected to be between 5-10 students per class with p g p Zoning Administrator March 7, 2017 CUP 2017-01 Page 4 up to four (4) instructors on the facility during each class session to provide extra support for students. The evening weekday and weekend classes occur when most of the other businesses in the Tustin Business Park are closed. Parkl'ng The CUP amendment CUP 94-021 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 ba.sed upon Section 9263g of the TCC for "[s]tudios for dance, art, martial ails, 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 maximurn number of students would occur during the evening hours with up to ten (1 0) students taught by Up to four (4) instructors, resulting in a parking requirement of 7.33 spaces. Rounded up pursuant to TCC 9263e, the parking requirement would result in eight (8) parking spaces. Table I shows the Center's square footage by use and the required number of parking spaces based on the parking ratios required by TCC Section 9263g. Table 1. Tustin Business Center Parking Summary Parking Zoning Allocation Per Land Ratio GFA Required Use Office (first 25,000 sf) 1-250 25�000 100 Office (over 25,000 sf) 1:300 104,603 349 Subtotol - Office 12-9,60-3 449 1:1)000 92,533 93 5 93 subtotol- Warehouse _92 f D33 MFG/RD/Lab/Tech l.-500 13,570 28 Subtotal- WGIR&DILablTech, 13,570 28 ................ Existing Studios-Self-defense 1:3 students 8,946 23 & Fencing 1:1 instructors Proposed Studio 10 at 1:3 students 2j24 8 4 at 1-1 instructors Subtotol-Studio Uses 11,0070 31 TOTALS 601 240,0602 Based upon the TCC parking requirements for the specific uses listed above, 601 required parking spaces are required. Given that there are a total of 606 existing striped parking spaces, there is adequate parking -for the proposed use. i Zoning Administrator March 7, 20+1 CUP 2017-01 Page ' ' Given that the hours of operation, and low volume of people in.the ten ant space during the daytime, and that;evening glasses 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 CIDP and� ay require additional on--site modifications. FINDINGS: In determining whether to approve the CUP for the Brazilian Jiu Jitsu studio, the Zoning Administrator must determine whether or not the proposed use will be detrirnantal 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 Industrial (illi) 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 CIDP. The proposed Brazilian Jiu Jitu 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. 2. The proposed Brazilian Jiu Jitsu.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. . As conditioned, CUP 2017.01 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 2017-01 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 an aesthetic impacts to the area since no y p exterior modifications are proposed. Zoning Administrator rator March 7, 2017 ` CUP 2017-01 a Page . The CitYs 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. 17-004 approving CUP 2017-01 to establish and operate a Brazilian Jiu Jitsu studio located within an e isting 2,124 square-foot tenant space located at 1542,Edinger Avenue, Suite F. 6,.., Je is Aguilar Assistant Panner Attachments: A. Location Map B. Land Use Fact Sheet F C. Submitted Plans 'D. ZAA 17-004 { i ATTACHMENT Location Map Location Map 1542 Edinger Avenue, Suite F ti k X— _ 6 R 'T D -. 1�►� t 500 Ease 4;�* s. m Jr CIe �ry J ATTACHMENT Land Use Fact Sheet r I ■ I LAND USE APPLICATION FACT SHEET 1. LAND USE APPLICATION NUMBER(S): CONDITIONAL USE PERMIT(CUP) 2017-01 2. LOCATION: SOUTHEAST CORNER OF RED HILL AVENUE AND EDIN ER AVENUE 3. ADDRESS: 1 542 EINER AVENUE SUITE F TUSTIN CA 92780 . AP1 :430-282-21 . PREVIOUS OR CONCURRENT APPLICATIONS RELATINGTO THIS PROPERTY: CUP 94-21 (OFFICE USES EXCEEDING % OF FLOOR AREA); CUP -29 (CHURCH LASE ; UD 14-02(FENCING); CUP 14-03 (FENCING USE); CUP 16-29 (SELF-DEFENSE STUD1 . SURROUNDING LAND USES AND ZONING DESIGNATIONS: NORTHEAST(ACROSS EDINER AVENUE): M (INDUSTIIL SOUTHEAST: M (INDUSTRIAL)AND MCAS SPECIFIC PLAN-SPA SOUTHWEST: M INDUSTRIAL AND MCAS SPECIFIC PLAN-SPA -NORTHWEST(ACROSS RED HILL): PC-COM (PLANNED 1 iMUNIT MMERCI L - PACIFIC EAST SPECIFIC PLAN DISTRICT SP-1 . SURROUNDING GENERAL PLAN-DESIGNATIONS: NORTHEAST(ACROSS EDINER : I (INDUSTRIAL SOUTHEAST: I (INDUSTRIAL)AND MCAS SPECIFIC PLAN SOUTHWEST: I INDUSTRIAL AND MCAS TUSTIN SPECIFIC PLAN 4 NORTHWEST (ACROSS RED HILL): PCCB PLANNED COMMUNITY COMMERCIAL/BUSINESS) . SITE LAND USE: A. EXISTING: TUSTIN BUSINESS PARK PROPOSED: SAME B. GENERAL PLAN: I -INDUSTRIAL PROPOSED: SAME C. ZONING:.M---- INDUSTRIAL PROPOSED: SANTE DEVELOPMENT FACTS: (NO SPECIFIC DEVELOPMENT STANDARDS REQUIRED IN P I ZONE 9. LOT AREA: 394,759 SQUARE FEET 7 ACRES 19. BU I LD I NG LOT COVERAG E: NIA MAX. PERMITTED N/A EXISTING 11. SITE LANDSCAPING: NIA REQUIRED N/A PROPOSED 12. PARKING: 8 SPACES REQUIRED 8 PROVIDED x' t ATTACHMENT C Submift d Pians r x f I 1542 Edinger Avenue,Suite F Building 9 iy T� NNN•fIf' 4 i Ed, s - N w A I r y �� • W .. ° ie M G+ , a' y yyr� i •erg, 4 F O 06 _ 0 111 A Self-LoCk RIV 10 Storage Storac w 9 q��, 11 � .alb- � 4 E FLOOR PLAN STORAGE 6'•11'x144u RECEPTION 190-8'x€14lAu 1 fY i -e MEQ � 4 r � OFFICE GENERAL OFFICE 77 k i MMHOUSE 2V-10'x44=5' w F ELEC. PANEL w ALL OFFICES ARE CARPETED,U.O.N. . SCALE: 3/32"=V-0 1542 Edinger Ave.,Suite F :2,124 S.F. ofFICE 871 B.F.(We.) WAREHOUSE 1253 SJF.(app=) WAREHOUSE CEWNG FIE[ KT%. IV-C(qW=) TUSTIN. PARK 1 X82 Parka Lac Suite A TusUn A 92780 TEL: 14 259-9060 FAX 1 D NOTA All I forma on represented on this dmwtng Ls Weved to be arate.Hmover,tenant should F verify aU per9nent Infolrmalon prior to oommkOng to a lease. ATTACHMENT 1 AA 17=004 i r ti R ZONING ADMII ISTI ATOF ACTIO 17-004 CONDITIONAL USE PERMIT 2017mOl 1542 EDINGER AVENUE, SUITE F + 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 2017-01 was filed by Ernesto Roco on behalf of Carlson Gracie Irvine, LLC., requesting k authorization to establish and operate a Brazilian Jiu Jitsu studio located within an existing 2,124 square-foot tenant space located at 1542 Edinger Avenue, write F, 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 9299b3f , 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 CIDP 2017-01 on March 7, 2917, by the Zoning Administrator. F E. That,- the establishment, maintenance, and +operation of the proposed Brazilian Jiu Jitsu studio 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 ars offices and other support i commercial uses, including instructional schools, are conditionally permitted subject to the approval of a CUP. The proposed Brazilian Jiu Jitsu studio is similar to an instructional school in that the proposed use operates in the sane manner as other instructional uses whereby each class is taught by an instructor and multiple E G i r Zoning Administrator Action 17-004 conditional Use Permit 2017-01 Page students and that the traffic and parking needs are similar with such use. 2 The proposed Brazilian Jiu Jitsu studio is located in a large multi- tenant industrial office complex arid- 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. r 4) As conditioned, CIDP 2017--01 may be reviewed by the Community { Development Director, if necessary, to unsure compatibility with surrounding uses. If the use is not operated in accordance with CLIP 2017-01 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 revolve the CIDP. 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. If. The Zoning, Administrator hereby adopts Zoning Administrator Action No. 17-004 approving CIDP 2017-01 authorizing the establishment and operation of a Brazilian JiJ0 Jitsu studio located within n existing .2,124 square-foot tenant space located at 1 542 Edinger Avenue, Suite F, subject to the conditions contained within Exhibit A attached hereto. f a t y Zoning Administrator Action 17-004 Conditional Use Permit-2017-01 Page PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular meeting held on the 7th day of March, 2017. ELIZABETH A. EINSACK ZONING.ADMINISTRATOR F VERA TISCAREN RECORDING SECRETARY STATE OF CALIFORNIA COUNTY OF ORANGE CITY of TUSTIN 1, Vera Tis areno, 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. 17-004 passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 7th day of March, 2017. 'VERATISCAREN RECORDING SECRETARY E Y + r 4 EXH[BIT CONDITIONS of APPROVAL CONDITIONAL USE PERMIT 2017-01 1542 EDINGER AVENUE, SUITE F GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped March 7, 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 becomenull and raid 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 30days prior to.expiration. (1) 13 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 2017-01 is contingent upon the applicant grid 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 notarised "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 unposed is subject to issuance of an administrative citation pursuant to TCD 1:1 a . SOURCE CODES (1) STANDARD'CONDITION RESPONSIBLEA EN Y REQUIREMENTS ENTS (2) CEQA MITIGATION LANDSCAPING GUIDELINES (3) UNIFORM BVILDING CODE1s PC/DC POLICY (4) DESIGN REVIEW ' '* EXCEPTIONS a F Zoning Administrator Action 17-004 Conditional Use Permit 2017-01 Exhibit Page 1 1,6 The applicant shall be responsible for costs associated. with any necessary code enforcement action, including attorney's fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance-. (1) 1. CUP 2017-01 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 net operated in accordance with the conditions of approval or is found to be a nuisance or negative impacts F are affecting the surrounding tenants or neighborhood, the Community D vel prn nt Director may impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the CUP. ryr 1 1 1.8 If in the future the City's Community Development Director: Police Chief, and/or Public Works Department determine that ar 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 Yorks Department -may require that the applicant prepare parking demand analysis, traffic study, or noise analysis and the t 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 Pubic Works Department. Said, mitigation measures may in lode, but are not If limited to, the following: a 'Establish alternative fours of operation, b Reduce client enrollment, c Provide additional parking, or d Provide noise attenuation improvements. - '1 1,9 As a condition of approval of CIDP 2017-01, 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 CO' mmissionf or any other decision-maiking 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. A 1 Zoning Administrator Action 1 -004 Conditional Use Permit 2017-01 Exhibit A { Page 3 { USE RESTRICTIONS (1) 2.11 The hours of operation-for the business shall be as follows: Monday— Friday: :30 PNS to 9:00 P11 Saturday-Sunday: 11:00 AM to 1:00 PIVI M difications to the hours ofoperation may be approved by the Director ofCommunity Development if it is determined` that 'no impacts to surrounding tenants or properties will occur. (1) 2,2 only one class may be in session at a time and is limited to a- maximum of tan 1students and four instructors per class. Any changes to class size may be approved by the Director of Community Development if it is determined that there is sufficient.parking to accommodate the class } size. (1) 23 Each class shall be concluded ten minutes prier to the following class in order to provide sufficient time for attendees of the prior class to vacate the site prior to arrival of attendees of the net 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 No sporting events, competitions or special events shall occur without the issuance of a Temporary Use Permit by the Community Development Director. (1) 2,6 All business activities shall comply with the City's noise ordinance. (1) 2,7 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) 2,8 If the use authorized by CUP 2017-01 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 r { + (3) 3.1 AlI regulations of the Uniform Building Code and the Orange County hire Authority regarding occupancy classifcation, fire rating and exiting 9 1 i k RL Zoning Administrator Action 17-004 ' Conditional Use Permit 2017-01 Exhibit Page standards shall be met. FEES (1) Within forty-eight hours of approval of the subject project, the applicant small deliver to the Community Development Department, a cashiers check par a bl to the COUNTY CLERK in the amount unt f fifty d lla is ($50.00) to enable the city to file the appropriate environmbntal documentation entation for the project. If within such forty-eight hour period the applicant has not.delivered to the Community Development Department the abov -noted check, the statute of limitations for any interested party t challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly length ned. r 1 F 1