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HomeMy WebLinkAboutZAA 17-008 modification 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: 1. 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. Due to the nature of the use, enrollment may be required to be reduced to the allocated number of parking spaces for the tenant space. 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 Zoning Administrator Action 17-008 Use Determination 2017-004 Conditional Use Permit 2017-13 Page 3 eliminate the nuisance or negative impacts or may initiate proceedings to revoke the CUP. 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 18th 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 Ei-iay will be reviewed within six (6) months and 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, the 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 or maximum number of students may be requ, red Reay -be @PPFG e by the Director of Community Development if it is determined that no there are 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 unless modified per Condition 2.1 . 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. y 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 file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period the applicant has not delivered to the Community Development Department the above-noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened.