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HomeMy WebLinkAbout02 UD 2017-008_CUP 2017-13 CPR TRAINING FACILITY AGENDA REPORT A$91�k. ITE �I MEETING DATE: SEPTEMBER 18, 2017 TO: ZONING ADMINISTRATOR FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: USE DETERMINATION 2017-008 & CONDITIONAL USE PERMIT 2017-13 APPLICANT: PROPERTY OWNER: DAVID JASON BALOGH KURT SODERLING EXPRESS TRAINING SOLUTIONS 11747 BELLAGIO LLC 2512 CHAMBERS ROAD, SUITE 103 2522 CHAMBERS ROAD, SUITE 100 TUSTIN, CA 92780 TUSTIN, CA 02780 LOCATION: 2512 CHAMBERS ROAD, SUITE 103 GENERAL PLAN: PLANNED COMMUNITY COMMERCIAL/BUSINESS ZONING: IRVINE INDUSTRIAL COMPLEX DISTRICT PLANNED COMMUNITY 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 CPR TRAINING FACILITY WITHIN AN EXISTING TENANT SUITE. wow i{ As Zoning Administrator September 18, 2017 UD 2017-004 and CUP 2017-01 Page 2 RECOMMENDATION That the Zoning Administrator adopt Zoning Administrator Action (ZAA) No. 17-008 approving Use Determination (UD) 2017-004 to conditionally permit CPR training facilities in the zoning district and Conditional Use Permit (CUP) 2017-13 to establish a CPR training facility in an existing 1,389 square-foot tenant suite located at 2512 Chambers Road, Suite 103. APPROVAL AUTHORITY The proposed CPR training facility use is not listed as a permitted, conditionally permitted, or prohibited use within the Irvine Industrial Complex District or the Planned Community Industrial zoning district (PC-IND). Therefore, a use determination is necessary to decide if the proposed use would be permitted, conditionally permitted, or prohibited in the zoning district pursuant to Section 9298 of the Tustin City Code (TCC). Certain CUP requests as stated in Section 9299 (b)(3)(f), including Minor CUPs for existing development 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 shall be considered by the Zoning Administrator. BACKGROUND Location and Surrounding Properties The project site is located within the PC-IND zoning district and is within the Irvine Industrial Complex. The General Pian Land Use Element designation is Planned Community Commercial/Business (PCCB), which provides opportunities for a mixture of all those activities permitted within the Community Commercial, Professional Office, and Industrial land use designations. The project site is located on an approximately 1.7-acre site, known as Irvine Ranch Executive Suites. The project site consists of two (2) office buildings with off-street parking on three (3) sides of the building. The project site is bounded by Chambers Road on the northeast and Walnut Avenue on the southwest (Figure 1). Properties adjacent to the subject property are generally commercial and industrial in nature. Similar to the subject property, properties adjacent to the subject property and across Chambers Road are zoned PC-IND and are within the Irvine Industrial Complex District. Properties across Walnut Avenue are zoned Planned Community Commercial (PC-COMM). Zoning Administrator September 18, 2017 UD 2017-004 and CUP 2017-01 Page 3 a ' L kL •> 4� r NDl ? 00 ♦ ♦ a" "� .• hL Figure 1 —Area Map PROJECT DESCRIPTION: Express Training Solutions is a nurse-owned organization dedicated to teaching certification courses in a learning environment. The organization has two (2) additional locations in San Diego County. The proposed Tustin Express Training Solutions location would specialize in offering certified CPR classes for up to eight (8) students in an existing 1 ,389 square-foot tenant space, previously occupied by a consulting company. The proposed use would be arranged to include a reception area, lecture and skills rooms for CPR training, storage room, office, and a restroom (Figure 2). The proposed use would operate within the existing structure of the tenant space and would offer no more than one (1 ) class a day, which would occur over the course of several hours. An on-site employee would be available to serve the dual function of an instructor and also to do administrative tasks. No tenant improvements, interior or exterior, are anticipated. The studio will be conditioned to keep attendance to a maximum of eight (8) students per class session and a change of building occupancy classification would not be required. Zoning Administrator September 18, 2017 UD 2017-004 and CUP 2017-01 Page 4 s'lui!B lag Reception And Reception desk it room -.v �J Lecture room Bathrooms Storage Office Figure 2. Floor Plan USE DETERMINATION: The project site is zoned PC-IND and is within the Irvine Industrial Complex. Permitted uses within the Irvine Industrial Complex District include support commercial uses such as administrative, professional, and business offices, printing, restaurants, and service stations; light industrial uses such as general manufacturing, research laboratories, warehousing, and product service industries. The proposed CPR training facility use is not listed as a permitted, conditionally permitted, or prohibited use within the PC-IND zoning district or the Irvine Industrial Complex. The following factors shall be considered as criteria for a use determination- (1) Effect upon the public health, safety and general welfare of the neighborhood involved and the City at large. (2) Effect upon traffic conditions. (3) Effect upon the orderly development of the area in question and the City at large, in regard to the general planning of the whole community. (4) All other pertinent facts Based upon the provided business plan, the proposed business appears to be similar to other type of instructional uses and surrounding offices which are permitted or conditionally permitted uses in Irvine Industrial Complex and the PC-IND zoning district. Additionally, a prior UD for an art studio (UD 2011-002) has been approved within the two-story office building at 2512 Chambers Road and a martial arts studio (UD 91-02) within the Irvine Industrial Complex that functions similarly to the proposed use. The Zoning Administrator September 18, 2017 UD 2017-004 and CUP 2017-01 Page 5 proposed business appears to be consistent and compatible with other permitted uses and is appropriate in'an office building in the subject zoning district. CONDITIONAL USE PERMIT: Hours of Operation The front offices will be used for administrative operations as needed by business, most frequently utilized when classes are in session. The organization will offer classes between 7:30 a.m. and 4:00 p.m. Monday through Friday and every other Saturday. The maximum class size will be eight (8) students per class with one (1) instructor administering classes. The hours of operation are concurrent with the operating hours of the other office uses within the office building. 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. Parking The Planned Community Regulations for the Irvine Industrial Complex require one (1) parking space for each 250 square feet of office gross floor area. Within the subject 1,389 square foot tenant space, this would allow for one (1) instructor and up to fifteen (15) students based on TCC Section 9263g, which requires one (1) parking space for each instructor and one (1) parking space for each three (3) students present at any one time. The applicant has indicated that the maximum number of instructors at any given time would be one (1) instructor. Based on the business operations plan of one (1) instructor and up to eight (8) students per class, the provided on-site parking supports the proposed use. Noise Based on other similar uses in the City and conditions proposed for the project, the proposed use is not expected to violate the City's Noise Ordinance. As conditioned, all activities shall be located within the enclosed tenant space. No congregation and/or classes outside of the tenant space are allowed in association with the use. FINDINGS: In determining whether to approve the UD and CUP for the proposed CPR training facility located at 2512 Chambers Road, Suite 103, the Zoning Administrator must consider specific criteria and/or make the required findings for the CUP. A decision to approve this request as conditioned may be supported by the following findings: Use Determination: 1. A CPR training facility is a professional use similar to other professional uses related to professional, instructional, motivational and/or seminar schools, which were previously determined to be conditionally permitted within the Irvine Industrial Complex. Determining a CPR training facility/instructiona[ school as a Zoning Administrator September 18, 2017 UD 2017-004 and CUP 2017-01 Page 6 conditionally permitted use would allow conditions to be placed to alleviate potential concerns such as noise, parking, and loitering related to the use. 2. That the determination of a CPR training facility as a conditionally permitted use would be consistent with the TCC, which requires a CUP for other instructional school uses. The building at 2512 Chambers Road is a two-story office building. There are no industrial uses within the building or property. 3. As a conditionally permitted use, the effect upon traffic, public health, safety and general welfare of the neighborhood involved will be considered on a case-by- case basis. Conditional Use Permit: In determining whether to approve the CUP for the proposed use, the Zoning Administrator must consider that the establishment, maintenance, and operation of the proposed use 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 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 which is encapsulated in the following findings: 1. The proposed use, as conditioned, would not be detrimental to the surrounding properties in that the use would occur entirely within the building. The number of clients, hours or operation, and type of business are consistent with other businesses within the Irvine Industrial Complex and the PC-IND zoning district. 2. Parking for the proposed use can be accommodated in that the maximum number of students and instructors or by the allocated parking spaces, ensuring that sufficient parking would be available for existing and proposed uses. 3. The proposed' business hours are 7:30 a.m. to 4:00 p.m., Monday through Friday and every other Saturday, which is consistent with the hours of operation for other uses in the area. 4. The project would be conditioned to comply with the Tustin Noise Ordinance and General Plan Noise Element. 5. As conditioned, CUP 2017-13 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 2017-13 and 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. Zoning Administrator September 18, 2017 UD 2017-004 and CUP 2017-01 Page 7 Staff recommends that that the Zoning Administrator adopt ZAA No. 17-008 approving UD 2017-004 and CUP 2017-13 to establish and operate a CPR training facility located within an existing 1,389 square-foot tenant space located at 2512 Chambers Road, Suite 103. I Jessica A ilar Assistant Planner Attachments: A. Location Map & Land Use Fact Sheet B. Submitted Plans C. ZAA 17-008 ATTACHMENT A Location Map & Land Use Fact Sheet ell, ; 300-foot radius 500-foot radius \ Filrlva-- r r R V- ;'t PAfIGR F \7r +try VI I Location Map 2512 Chambers Road, Suite 103 LAND USE APPLICATION FACT SHEET 1. LAND USE APPLICATION NUMBER(S): UD 2017-004 &CUP 2017-12 2. LOCATION: IRVINE RANCH EXECUTIVE SUITES 3. ADDRESS: 2512 CHAMBERS ROAD, SUITE 103 4. APN: 432-471-21 5. PREVIOUS APPLICATIONS RELATING TO THIS PROPERTY: CUP 80-9(DISPLAY OF COMMERCIAL SIGNS) UD 2011-002(USE DETERMINATION FOR ART STUDIO AND CLASSES) 6. SURROUNDING LAND USES: NORTH: OFFICE SOUTH: OFFICE EAST: OFFICE WEST: COMMERCIAL 7. SURROUNDING ZONING DESIGNATION: NORTH: PC-IND- PLANNED COMMUNITY INDUSTRIAL SOUTH: PC-IND- PLANNED COMMUNITY INDUSTRIAL EAST: PC-IND-PLANNED COMMUNITY INDUSTRIAL WEST: PC-COMM-PLANNED COMMUNITY COMMERCIAL 8. SURROUNDING GENERAL PLAN DESIGNATION: NORTH: PCCB- PLANNED COMMUNITY COMMERCIALIBUSINESS SOUTH: PCCB- PLANNED COMMUNITY COMM ERCIALIBUSINESS EAST: , PCCB-PLANNED COMMUNITY COMM ERCIALIBUSINESS WEST: PCCB-PLANNED COMMUNITY COMMERCIALIBUSINESS 9. SITE LAND USE: A. EXISTING: OFFICE B. PROPOSED: CPR TRAINING FACILTY C. GENERAL PLAN: PCCB D. ZONING: PC-IND PROPOSED GP: SAME PROPOSED ZONING: SAME DEVELOPMENT FACTS: 10. LOT AREA: 74,052 SQUARE FEET11.7ACRES 11. TENANT SUITE: 1,389 SQUARE FEET 12. PARKING: REQUIRED-1 /INSTRUCTOR& 113 STUDENTS PROPOSED- 1 INSTRUCTORS&8 STUDENTS=4 SPACES 13. TENANT IMPROVEMENTS: NONE ATTACHMENT B Submitted Plans IRVINE RANCH OFFICE PARS,, LLC 2512 CHAMBERS ROAD TUSTK CA 92780 r a rrn w 0 Please see next FL page unit specific floorp Ian f,,. � 1}r CFFIC� A -, L L C IV aIMMAu YM 13T FLOOR 9 SUM 103 Reception And Reception desk Skills room A 1:1 - A A � Lecture room Bathrooms Storage Office ATTACHMENT C ZAA 17-008 ZONING ADMINISTRATOR ACTION 17-008 USE DETERMINATION 2017-004 CONDITIONAL USE PERMIT 2017-13 2512 CHAMBERS ROAD, SUITE 103 The Zoning Administrator of the City of Tustin does hereby resolve as follows: I. The Zoning Administrator finds and determines as follows: A. -A proper application was filed by David Jason Balogh, on behalf of Express Training Solutions, requesting authorization to establish a CPR training facility that offers certified CPR classes located at 2512 Chambers Road, Suite 103. B. That the property is designated as Planned Community Commercial/Business (PCCB) by the City General Plan and is zoned Planned Community Industrial (PC-IND) and is within the Irvine Industrial Complex, which provides opportunities for a mixture of all those activities permitted within the Community Commercial, Professional Office, and Industrial land use designations. The project is consistent with the Air Quality Sub-element of the City of Tustin General Plan. C. That a CPR training facility, use is not listed within the Irvine Industrial Complex or the PC-IND and may be determined by the Community Development Director as a use similar to other permitted and/or conditionally permitted uses pursuant to Tustin City Code (TCC) 9298. D. That in accordance with TCC Section 9299b3(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. E. That a public hearing was duly called, noticed, and held for Use Determination (UD) 2017-004 and Conditional Use Permit (CUP) 2017-13 on September 18, 2017, by the Zoning Administrator. F. That a use determination has been made for the CPR training use in accordance with Section 9298 of the TCC in that: 1) A CPR training facility is a professional use similar to other professional uses related to professional, instructional, motivational and/or seminar schools, which were previously determined to be conditionally permitted within the Irvine Industrial Complex. Determining a CPR training facility/instructional school as a conditionally permitted use would Zoning Administrator Action 17-008 Use Determination 2017-004 Conditional Use Permit 2017-13 Page 2 allow conditions to be placed to alleviate potential concerns such as noise, parking, and loitering related to the use. 2) That the determination of a CPR training facility as a conditionally permitted use would be consistent with the TCC. The building at 2512 Chambers Road is a two-story office building. There are no industrial uses within the building or property. 3) As a conditionally permitted use, the effect upon traffic, public health, safety and general welfare of the neighborhood involved will be considered on a case-by-case basis. E. That the establishment, maintenance, and operation of the proposed CPR training facility 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 use, as conditioned, would not be detrimental to the surrounding properties in that the use would occur entirely within the building. The number of clients, hours or operation, and type of business are consistent with other businesses within the Irvine Industrial Complex and PC-IND zoning district. 2) Parking for the proposed use can be accommodated in that the maximum number of students and instructors or by the allocated parking spaces, ensuring that sufficient parking would be available for existing and proposed uses. 3) The proposed business hours are 7:30 a.m. to 4:00 p.m., Monday through Friday and every other Saturday, which is consistent with the hours of operation for other uses in the area. 4) The project would be conditioned to comply with the Tustin Noise Ordinance and General Plan Noise Element. 5) As conditioned, CUP 2017-13 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 2017-13 and 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. Zoning Administrator Action 17-008 Use Determination 2017-004 Conditional Use Permit 2017-13 Page 3 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). II. The Zoning Administrator hereby adopts Zoning Administrator Action No. 17-008 approving UD 2017-004 and CUP 2017-13 authorizing the establishment and operation of a CPR training facility located within an existing tenant space located at 2512 Chambers Road, Suite 103, 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 18t�' day of September, 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. 17-008 passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 18th day of September, 2017. VERA TISCARENO RECORDING SECRETARY EXHIBIT A CONDITIONS OF APPROVAL USE DETERMINIATION 2017-004 CONDITIONAL USE PERMIT 2017-13 2512 CHAMBERS ROAD, SUITE 103 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped September 18, 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) 2017-13 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). SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLEAGENCY REQUIREMENTS (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODEIS (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTIONS Zoning Administrator Action 17-008 Use Determination 2017-004 Conditional Use Permit 2017-13 Exhibit A Page 2 (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) 1.7 CUP 2017-13 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 measures may include; but are not limited to, thb following: a) Establish alternative hours 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 CUP 2017-13, 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. Zoning Administrator Action 17-008 Use Determination 2017-004 Conditional Use Permit 2017-13 Exhibit A Page 3 USE RESTRICTIONS (1) 2.1 The hours of operation for the business shall be as follows: Monday—Saturday: 7:30 a.m. to 4:00 p.m. 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. *** 2.2 Only one class may be in session at a time and is limited to a maximum of eight (8) students 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) 2.3 Each class shall be concluded fifteen minutes prior 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 next class. (1) 2.4 All activities shall be located within the enclosed tenant space. No congregation and/or classes outside of the tenant space 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 No signs or other forms of advertising or attraction may be placed on- site without approval from the Community Development Department. (1) 2.8 If the use authorized by CUP 2017-13 is discontinued for one (1) year, then it shall be conclusively presumed that such use has been abandoned and CUP will be deemed expired. Zoning Administrator Action 17-008 Use Determination 2017-004 Conditional Use Permit 2017-13 Exhibit A Page 4 FEES (1) 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 fife 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.