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HomeMy WebLinkAboutZAA 17-011 TOUCH N GO SOCCER ACADEMY ZONING ADMINISTRATOR ACTION 17-011 CONDITIONAL USE PERMIT 2017-21 1652 EDINGER AVENUE, SUITE 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) 2017-21 was filed by Sandra Orozco on behalf of Touch N Go Soccer Academy, requesting authorization to establish and operate an indoor soccer training facility located within an existing 2,000-square-foot tenant space located at 1652 Edinger Avenue, Suite 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 Pian. C. That in accordance with Tustin City Code (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. D. That a public hearing was duly called, noticed, and held for CUP 2017-21 on December 13, 2017, by the Zoning Administrator. E. That the establishment, maintenance, and operation of the proposed indoor soccer 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 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 indoor soccer training facility 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 Zoning Administrator Action 17-011 Conditional Use Permit 2017-21 Page 2 students and that the traffic and parking needs are similar with such use. 2) The proposed indoor soccer training facility 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 2017-21 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 2017-21 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 applicant understands that the Industrial (M) zoning of the property allows uses such as manufacturing, assembly, warehousing, laboratories, and other light industrial uses and does not object to these more intensive uses operating in close proximity to the training facility. 7) 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. Il. The Zoning Administrator hereby adopts Zoning Administrator Action No. 17-011 approving CUP 2017-21 authorizing the establishment and operation of an indoor soccer training facility located within an existing 2,000-square-foot tenant space Zoning Administrator Action 17-011 Conditional Use Permit 2017-2.1 Page 3 located at 1652 Edinger Avenue, Suite E, subject to the conditions contained, wfthin Exhibit A attached hereto. PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular meeting held on the 13 th day of December, 2017. ELIZABETH A. BINSACK ZONING, ADMINISTRATOR ,JESSICA'AdUILAR RECORDING SECRETARY STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN 1, Jessica Aguilar, the undersigned, hereby certify that II am, the Recording Secretary of the Zoning Administrator of the City of Tustin, California; that Zoning Administrator Action No. 17-011 passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on: the 1Stn day of December, 20117. ,J SsidA Aisbl.OAR RECORDING SECRETARY EXHIBIT A CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 2017-21 1652 EDINGER AVENUE, SUITE E GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped December 13, 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) 2017-21 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 17-011 Conditional Use Permit 2017-21 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 2017-21 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, or d) Provide noise attenuation improvements. (1) 1.9 As a condition of approval of CUP 2017-21, 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 17-011 Conditional Use Permit 2017-21 Exhibit A Page 3 USE RESTRICTIONS (1) 2.1 The hours of operation for the business shall be as follows: Tuesday—Thursday: 5:00 p.m. to 8:00 p.m. Saturday: 8:00 a.m. to 10:00 a.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. (1) 2.2 Only one class may be in session at a time and is limited to a maximum of six (6) 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 at least 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 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 No signs or other forms of advertising or attraction may be placed on- site without approval from the Community Development Department (1) 2.9 If the use authorized by CUP 2017-21 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 17-011 Conditional Use Permit 2017-21 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. s