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HomeMy WebLinkAbout04 CUP 2017-26 PRIVATE INDOOR RECREATIONAL & INSTRUCTIONAL USE 14281 CHAMBERS ROAD AGENDA REPORT ITEM #4 MEETING DATE: MARCH 13, 2018 TO: PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CONDITIONAL USE PERMIT 2017-26, A REQUEST TO ESTABLISH A PRIVATE, INDOOR RECREATIONAL AND INSTRUCTIONAL USE (SPORTS, ARTS, MUSIC, ACADEMIC ENRICHMENT) WITHIN AN EXISTING INDUSTRIAL OFFICE BUILDING APPLICANT: SUSAN BOETTGER LYCEUM VILLAGE SPC 125 NIGHTHAWK IRVINE, CA 92604 PROPERTY OWNER: LYCEUM VILLAGE SPC 125 NIGHTHAWK IRVINE, CA 92604 LOCATION: 14281 CHAMBERS ROAD GENERAL PLAN: PLANNED COMMUNITY COMMERCIAL/BUSINESS ZONING: PLANNED COMMUNITY INDUSTRIAL (PC IND) EXISTING LAND USE: INDUSTRIAL OFFICE BUILDING ENVIRONMENTAL: THIS PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) SECTION 15301 , CLASS 1 REQUEST: TO ESTABLISH A PRIVATE INDOOR RECREATIONAL AND INSTRUCTIONAL USE, INCLUDING SPORTS, ARTS, MUSIC AND ACADEMIC ENRICHMENT, WITHIN AN EXISTING 19,700 SQUARE FEET INDUSTRIAL OFFICE BUILDING Planning Commission Report March 13, 2018 CUP 2017-26 Page 2 J 14281 Chambers Road RECOMMENDATION: That the Planning Commission adopt Resolution No. 4361, approving the establishment of a private indoor recreation and instructional facility for sports, art, music and academic enrichment within an existing 19,700 square-feet industrial office building located at 14281 Chambers Road. APPROVAL AUTHORITY: Pursuant to Subsection C of Section VI of the Planned Community District Regulations for the Irvine Industrial Complex, Tustin, private indoor recreational facilities such as batting cages, dance studios, gymnastic studios, and martial arts studios are conditionally permitted. Section 9291c of the Tustin City Code gives the Planning Commission the authority to evaluate and grant requests for conditional use permits. BACKGROUND: Project Site and Surrounding Uses The property at 14281 Chambers Road is located within the Planned Community Industrial (PC IND) Zoning District and subject to the Irvine Industrial Complex Planned Community District Regulations. The General Plan designation is Planned Community Commercial/Business, which allows for light industrial and professional office uses. The subject property is located on Chambers Road, midblock between Michelle Drive and Franklin Avenue and bounded by Tustin Ranch Road at the rear of the property. The project site is located on an existing industrial office property and developed with a two-story building with approximately 19,700 square feet. Planning Commission Report March 13, 2018 CUP 2017-26 Page 3 Figure 1 —Area Map a � , 4 I Y 1 In 1991, the Tustin City Council adopted Ordinance No. 1076 approving Zone Change (ZC) 91-03 to amend the Irvine Industrial Complex Planned Community, allowing for private indoor recreational uses such as batting cages, dance studios, gymnastic studios and martial arts studios as conditionally permitted uses and established the parking ratio for theses uses as one (1) space for every three (3) persons. A Negative Declaration was prepared in conformance with the California Environmental Quality Act (CEQA) and it was determined that there would not be a significant effect on the environment. These "assembly type" uses were determined to be consistent with other industrial and commercial districts and specific parking standards were incorporated into the Planned Community text. PROJECT 'DESCRIPTION: Proposal The applicant is requesting approval to use the existing 19,700 square feet industrial office building for a sports, arts, music and academic enrichment instruction facility that caters i Planning Commission Report March 93, 2098 CUP 2097-26 Page 4 primarily to school-aged children. The proposed floor plan consists of open areas for a basketball court and gym, and partitioned rooms for small group and one-on-one instruction, offices, meeting rooms, and flex space areas. (Figure 2) Figure 2- Proposed Floorplan First Floor s 6D'jW West Gym ' Second Floor 7 Umtata covet •1Zk1Z MKID' Boye Gkb Mucic oto 12 o 18= 12�S Z Break !8 1� Musie Room 25jW OpenAnma 15 11.12' Sladya Lounge Remptlon P omw 4 3 ! 11 17 8 1Sx16' 185CI1' 2trir16 19"121' lozwY 485dT VloOn R Raw Music dcnrdirm + ! Room 2 10 ims, MIS cd8o Mdettnp Room ANALYSIS: Use and Compatibility The Planned Community Industrial (PC IND) zoning and the associated Planned Community District Regulations for the Irvine Industrial Complex allow uses such as offices and other support commercial uses, as well as manufacturing, assembly, warehousing, laboratories, and other light industrial uses. While offices and support commercial uses, such as the proposed indoor recreation and instructional facility, can locate in various other zoning districts such as commercially zoned properties (C1, C2 and CG), the light industrial/manufacturing type of uses can only locate in properties zoned for Industrial/Manufacturing. Over the years, nonindustrial office uses have been established in the area such as dance studios, eateries, martial arts studios and religious facilities. With respect to the proposed site, the building was developed as an industrial office building in the late 1970s with office and warehouse space. The applicant's proposed business would occupy the entire building. -The existing businesses surrounding the Planning Commission Report March 13, 2018 _ CUP 2017-26 Page 5 project site include a church office use to the south, a cosmetics product business to the north and manufacturing businesses to the east across Chambers Road. To the west of the property is Tustin Ranch Road with residential uses beyond. The applicant indicates that sports training activities would typically include basketball, volleyball, martial arts, and rhythmic gymnastics. Instruction for arts and music would typically include painting, vocal lessons, piano, violin, and cello. Academic enrichment instruction would include activities such as chess, speech, and math, among others. As proposed, the training and instruction facility would serve as a venue in which independent instructors and coaches would conduct classes. The instructors would contract with the applicant to use the facility at specific days and times, and a schedule would be established for class enrollment. The proposed business aims to provide the opportunity for children to attend multiple afterschool enrichment programs in one (1) location and to reduce the need for parents to drive their children to various locations for practice and lessons. According to the applicant, students would be required to sign up for multiple activities, optimizing the student's time while at the facility. A student's schedule, for example, may involve arriving at the facility after school and practice violin for about thirty (30) minutes, then attend basketball practice for one (1) hour, then attend a music lesson for another hour, with fifteen (15) minute breaks in between those activities. The applicant anticipates that at peak periods, there would be about eight (8) instructors and seventy-five (75) students at the facility for a total of around eighty-three (83) people at the project site at any given time. This number may be slightly higher if parents elect to stay during lessons. As proposed and conditioned, the training and instruction facility would be compatible with the existing surrounding uses in that all activities will take place inside the stand-alone building, minimizing the likelihood of exposure to industrial use activities. The applicant has stated that students and instructors are informed that no instruction and training activities may take place outside the building and students waiting to be picked up must remain indoors until their transportation arrives. Business Hours The proposed activities would take place throughout the day, with most of the students arriving in the afternoon. The training and instruction sessions can last about one (1) hour. The applicant has proposed the following business hours: Day Summer Hours: Fall,Winter, Spring Hours: Monday- Friday- 8:30 a.m.—8:30 p.m. 11:30 a.m.--9:00 p.m. Saturday 8:30 a.m.—9:30 p.m. 8:30 a.m.—9:30 p.m. Sunda 8:30 a.m.—8:30 p.m. 11:30 a.m.—9:00 p.m. Planning Commission Report March 13, 2018 CUP 2017-26 Page 6 Other indoor recreational uses previously approved in this area by the Planning Commission had closing times of 9:00 p.m. at the latest. The proposed business will be opened thirty (30) minutes later than other similar uses. Parking In accordance with the Planned Community District Regulations for the Irvine Industrial Complex, one (1) parking space is required for every three (3) persons for indoor recreational uses. Figure 3: Site Plan and Parking Spaces EXH/B/T R en .^ ® CsMO- MMN AM Low •W {AT II � �t M•i JM�rMy A+a e.r eA .y err n I 43�V i;; il'{ PI1 e1..KN1� IJ«1. VT IJ PN J9T IG Parking � a 3�4c1i�d �`f rvliJI'13Ww Jp � I'�, , pl t CIF) y11 I 44 kkkk 1 n C s t tr 3 i Drop-off one i v« iwMA'�+r�A �.arw�iw r Wil► According to the submitted plans and a site visit, forty (40) parking spaces can be provided on the project site, which would allow for a maximum 120 persons within the facility at any given time, including students, parents, instructors and employees. The parking spaces are located along the rear and south side of the property, with one (1) accessible parking space at the front of the building. (Figure 3) The property will have a pick-up and drop-off area in front of the building to facilitate students arriving to and leaving the facility and may also reduce the parking demand (Figure 3). The applicant has indicated that parents and students would be encouraged to Planning Commission Report March 13, 2018 CUP 2017-26 Page 7 use Zum, a ride service for children that provides pick-up and drop-off to/from school and other activities like sports practice, daycare, club meetings, etc. Should a parking problem arise in the future, staff has provided Condition 1.8 that would allow review of the CUP and require additional mitigation measures. Given the proposed number of individuals, there would be an appropriate number of parking spaces for the proposed use and therefore would not likely generate negative impacts to the surrounding tenants from foot traffic, parking availability and noise. Noise According to the applicant, instruction and training sessions would take place indoors. The noise impacts to surrounding businesses are expected to be minimal in that the activities will take place inside the building and the use does not have shared walls with other businesses. As conditioned, the applicant is required to comply with the Tustin Noise Ordinance, which may involve installing sound attenuation material in order to dampen noise generated by the instruction and training activities. Should a noise problem arise in the future, staff has provided Condition 1.8, which may require the applicant to implement noise mitigation if it is deemed that negative impacts are occurring in violation of City regulations and conditions of approval. ENVIRONMENTAL: This project is categorically exempt from further environmental review pursuant to CEQA Section 15301, Class 1, "Existing Facilities" in that the project site is an existing facility, involves minor alterations to the structure and negligible expansion to an existing industrial office use. FINDINGS: In determining whether to approve the CUP for the indoor recreational training and instructional facility, the Planning Commission must determine whether or not the proposed use will be detrimental 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) Subsection C of Section VI of the Planned Community District Regulations for the Irvine Industrial Complex, allows private indoor recreational facilities such as batting cages, dance studios, gymnastic studios, and martial arts studios as conditionally permitted uses. The proposed training and instructional facility is similar to other indoor recreational uses previously allowed with a conditional use permit in this area. Planning Commission Report March 13, 2018 CUP 2017-26 Page 8 2) The proposed training and instructional facility is located in a stand-alone building and potential conflicts between the use and surrounding businesses is not anticipated based on the conditions to be imposed and that most of the activities will take place in the afternoon. 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, the proposed use would not result in any parking impacts because the maximum number of occupants will be limited to 120 persons at any given time based upon the parking ratio of one (1) parking space per every three (3) persons, and the forty (40) parking spaces provided onsite. In addition, a transition period would be provided between instruction sessions. 4) As conditioned, no noise impacts are anticipated as all training activities shall be conducted entirely within the building and would be required to comply with the City's Noise Ordinance. 5) As conditioned, CUP 2017-26 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. If the use is not operated in accordance with CUP 2017-26 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. 6) The City's Public Works Department, Police Department and Building Division have reviewed and support the development of the proposed project, as conditioned. 7) The applicant understands that the Planned Community Industrial (PC IND) 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. Edmelyn`e V. Flutter Elizabeth A. Binsack Senior Planner Director of Community Development Attachments: A. Location Map B. Land Use Fact Sheet C. Submitted Plans D. Resolution No. 4361 ATTACHMENT A Location Map LOCATION MAP CUP 2017-26 14281 CHAMBERS ROAD. J Qzt r 'Y 300' 500, PROJECT SITE a t 4 lM1ti f r } 4} ; ATTACHMENT B Land Use Fact Sheet LAND USE APPLICATION FACT SHEET 1. LAND USE APPLICATION NUMBER(S): CUP 2017-26 2. LOCATION: IRVINE INDUSTRIAL COMPLEX 3. ADDRESS: 14281 CHAMBERS ROAD 4. APN(S): 432-471-10 5, PREVIOUS APPLICATION RELATING TO THIS PROPERTY: NONE 6. SURROUNDING LAND USES: NORTH: INDUSTRIAL/OFFICE SOUTH: INDUSTRIAL/OFFICE EAST: INDUSTRIALIOFFICE WEST: RESIDENTIAL 7. SURROUNDING ZONING DESIGNATION: NORTH: PC IND-PLANNED COMMUNITY INDUSTRIAL SOUTH: PC IND- PLANNED COMMUNITY INDUSTRIAL EAST: PC IND- PLANNED COMMUNITY INDUSTRIAL WEST: PC IND-PLANNED COMMUNITY RESIDENTIAL 8. SURROUNDING GENERAL PLAN DESIGNATION: NORTH: PC COMM ERCIAL/BUSINESS SOUTH: PC COMMERCIALIBUSINESS EAST: PC COMMERCIALIBUSINESS WEST: PC RESIDENTIAL 9. SITE LAND USE: A. EXISTING: INDUSTRIAL/OFFICE B. PROPOSED: INDOOR RECREATIONAL AND INSTRUCTIONAL C. GENERAL PLAN: PC COMMERCIAL/BUSINESS PROPOSED GP: SAME D. ZONING: PC IND PROPOSED ZONING: SAME DEVELOPMENT FACTS: 10. LOT AREA: 1.10 ACRES APPROX. 11. PARKING: 40 PARKING STALLS 12. TENANT IMPROVEMENTS: NONE ATTACHMENT C Submitted Plans ���• `�@lrsSA���.A:u�iNu7MN:Sr�JGG���-0.Wdl����i��L�.:�i:.��:.�.S.y....�I,eJG—�.wW�hw.�l...Jnnawr+.w.+�r-.�w� � - t G I MAN k Ye,�rara.G7 CamMaM ar4jj+4&War aM 107* 11 b 0V4 % ~ OD Nr4R.7Ki�� �alti �.aT It c>+ A0 II r � 4 r t7 loeA i ti z ' tt 10 -00 .,.....,�,, r _ I oil e- 1 I �� DROP-OFF�P�ck-Ute- a K'*rrW Tai r.y +Cb+anrcr+�, ta7' l SGu7a�S 'N�a+lrr',•re DQcUrnent Number,1'9890.��0' ."�- �� � E � Lo-2 9C6 c0 in �} rN n h +� ¢ O�W O r t. in c x ap Z m ' Q T O . s vi m - Ncn � o x r a a co Q72 �' m 8 It yo Ir CV U [V U fox V) ZD 0 cva C'4 CL m CD rn ch C7 ro O K y m M �j p r O co) N o v .mi T V5 V m 00 q 4 l, ■�_ AY' ' L 7 D o U X m T � N m Conditional Use Permit Support Document Lyceum Village SPC. Site Address; 14281 Chambers Road LYC I V M Tustin, CA 92780 V I L L A G E Parcel Number-432-471-10 BACKGROUND Project Site and Surrounding Uses The property at 14281 Chambers Road is located within the Planned Community Industrial (PC IND) Zoning District and subject to the Irvine Industrial Complex, Tustin, Planned Community District Regulations. The General Plan designation is Planned Community Commercial/Business, which allows for light industrial and professional office uses. The project site is located in an existing industrial office complex developed with approximately 49,223 square foot total lot, and has been developed with one (1) commercial building approximately, 19,700 square feet in size. The subject building was first constructed in 1978, respectively. See Figures 1 through 4 for Location Maps. Similar light industrial and office uses are located within the Irvine Industrial Complex, Tustin. The immediately surrounding properties consist of commercial development ("Sleek Hair') to the north; church development ("Morning Dew Presbyterian Church") to the south; industrial development ( Plas-ties) to the east across Chambers Road; and residential developments to the west across Tustin Ranch Road. Lyceum Village SPC is a Social Purpose Corporation, organized under Division 1.5 of the California Corporations Code. Its purpose is to promote new family-based and community-based solutions to lessen the stress of parenting particularly women who opt'to work in full-time careers while making achievement of parenting goals easier and reducing environmental impact of greenhouse gases caused by excessive driving by parents of children who drive them between activities. Up to 5% of the profits of the company will be given as scholarships to highly qualified students. Lyceum Village SPC 1 300' Radial Neighboring Parcels Parcel Cdrreht_thtity' •. _ Address Owner Info Ndmi•be 432-471-11 SieekHair 14281 Chambers Road 432-472-06 Maha Energy Corp 14311 Chambers Road 432-472-25 Lightworks Optics 14192-14242 Chambers Road 432-471-12 Spectrum Wine 14201 Chambers Road Auctions 432-472-06 YCM Americas 14312 Chambers Road 432-471-08 14341 Chambers (Road 432-444-12 14232 Pinewood Road 714-832-0470 1 432-444-13 14242 Pinewood Road 432-44414 14252 Pinewood Road 432-444-15 14262 Pinewood Road 432-444-16 14272 Pinewood Road 1 432-44417 14282 Pinewood Road 432-444-01 14292 Pinewood Road 1 Lyceum Village SPC 11 Proposal The applicant is requesting approval to 1. Use the existing 7,100 square-foot former Church office (previous owner was Healing World Church) for arts and music instruction. 2. Use of the existing 11,000 square-foot open area for athletic practice area (Taekwondo, Basketball, etc.). yea -t Figure 5: Rooms for Music Instruction and Gym for Athletic Training The office rooms will be used for instruction of instruments such as Violin, Cello, and Viola. Age range of students will include K-8. The gym area will be used for athletic training. On an occasional basis, the open area will be used for classical performances (small concerts during weekend nights). The student members have to sign up for multiple activities so that the shortest amount of time a student is at Lyceum Village is approximately 3.5 hours. For Lyceum Village SPC 12 example, the student is dropped off, practices violin for 30 minutes, gets athletic training for an hour, takes a break, then gets a music lesson for an hour�, ith 15 minute breaks in between. The specific usage type will be as follows; Table 2: Space Allocation 4x rTi c ,p,.rr�„ '^1v v r vhf pt.,};i r � 1 4'Wc ' .a''. 7•e pati ut —1,• Music Room 1 400 Music Room 2 400 Music Room 3 400 Lobby 400 Gymnasium 5000 Hallways and Restroom 1000 Storage 1000 Multi-Purpose Room 2000 Offices 1000 The following are the business hours: Table 2: Hours of Operation �„CC��1�4 4a�nC� KiF3 '-'�c (fZ” s {T, a�� "s r -t,2 '''c°°` i -c -.ra5.''y, '.' - {x+i 'x•r •�. ,k r�ce"1,iy-�f �T3x��••- �� � �L � �sF'k^ -r x €� - •-r. ' Sunday 75 8:30 AM-9:30 PM Monday 50 8:30 AM -9:30 PM Tuesday 50 8:30 AM - 9:30 PM Wednesday 50 8:30 AM - 9:30 PM Thursday 50 8.30 AM -9:30 PM Friday 50 8:30 AM -9:30 PM Saturday 75 8:30 AM - 9:30 PM Lyceum Village SPC 13 Approximately 50% of the classes are private 1-on-1 classes and the other 50% are group classes. Use Compatibility The Planned Community Industrial (PC IND) zoning and the associated Planned Community District Regulations for the Irvine Industrial Complex in which the site is located allow less intensive uses such as offices and other support commercial uses, as well as more intensive uses such as manufacturing, assembly, warehousing, laboratories, and other light industrial uses. There have been concerns that the City's industrial tenant spaces are diminishing since more and more offices and recreational uses are locating in their place and the potential incompatibility of uses between recreation and industrial uses. While offices and for support commercial uses can locate in various other zoning districts such as Professional Office (Pr.) District and other commercially zoned properties (C1, C2 and C3); light industrial /manufacturing type of uses can,only locate in properties zoned for Industrial/Manufacturing. With respect to the proposed site, this location had been used as both a Church and a religious studio film production site. Because of the less intensive nature of this particular industrial office complex, no issues related to use compatibility are anticipated. Tenant Improvements No structural changes will be made to the building. New flooring and paint will bei put in place in the entire facility. Furthermore, a drop-off area is being put in the front to reduce the parking usage. Lyceum Village SPC has a contract with Zum Inc which is a provider of child transportation. Zum will be picking up and dropping off carpooling kids from their respective schools to the drop-off area located directly in front of the entrance of the facility, thereby, ensuring safety in receiving the children, and reducing parking needs. Plumbing & Bathrooms As per 2010 California Plumbing Code Table 4-1 states that the following is required: 1. 1 Urinal per 40 occupants 2. 1 Lavatory per 40 occupants 3. 1 Drinking Fountain per 150 occupants The facility will be compliant as the there will be: Lyceum Village SPC 14 1. First Floor- a. .2 Male Toilets b, 2 Male Unrinals c. 2 Female Toilets 2. Second Floor a. 2 Uni-sex bathrooms with Toilets Parking In accordance with the Planned Community District Regulations for the Irvine Industrial Complex, one (1) parking space is required for every three (3) persons. Given the forty-two (42) parking spaces allocated to the property (side and back oil the property), the proposed use would be conditioned to have a maximum of One Hundred and Twenty Six(126) persons present at any given time. As seen in the propoal, the building will always be occupied with fewer than that number. With the proposed business hours and the anticipated claIs schedule see Table 2), no parking problem is anticipated. Furthermore, the business highly encourages its customers to use ridesharing service Zum which drops off the customers to a void need for parking. Business Hours and Attendance As proposed, weekend activities would generate the most attendance, while weekday afternoons are the busy times during the week. The majority of students will be transported through the drop-off area, many of whom via the Zum trarisportation sertrice.- We anticipate no conflict with the other surrounding businesses. Noise Instrumental volume levels are controlled through the use of a digital technology in their instructional methods and additional 51 STC insulation already existing in the building (reminder this building was being used as a recording studio by a 01hurch). Lyceum Village SPC 15 Gr IE 4,4 w " 4 T• � Y �Y Y.. ,y + j '�^i..i1►, �.�:^� ` r: r,�i!!6e � a.+i�' �.'� ;�'a .i� �.��" i .:'r3L Figure 7: Southern Adjacent Property ("Morning Dw Presbyterian Church" 114321B Chambers Road) Ih _ Figure 8: Western Adjacent Properties Ac loss Tustin Road Ranch (Residential 114242-14282 Pinewood Road) Lyceum Village SPC 6 p Figure 5: Northern Adjacent Property ("Sleek Hair" 114251 Chambers road) r Figure 6: Eastern Adjacent Property Across Chambers Road ("Plast-Ties"114272 Chambers road) Lyceum Village SPC 5 January 4, 2018 Dear Edmelynne Huffer= Thank-you for reviewing our CUP for Lyceum Village at 14281 Chamber Road."Here are the answers ' -to your questions. ; Community Development Department: •1.1-Lyceum Village is a place for local enrichments programs-to lease for their students. The focus is on daily practice and high level sports and music. • ,Total daily number of students visiting the facility will vary, but we aim for an average of 50-65 students at any given time. Students will be arrive via a Shuttle or be dropped of by parents: Each student will be at the facility an average of 4 hours a'day. The ratio of students-to teachers is very low. Most lessons are private lessons, and classes , usually will be small (less than 10). We expect around 8 instructors and staff at the peak time.` .Our value is high-end training for competitive students: • Number of students/staff at the facility: o 50% of our classes will be private lessons in violin, cello, and piano lessons(1 student per class). Students will also use the classrooms to rehearse(piano trio and string quartets). o 50% of our classes are group lessons,but these lessons are lengthy (some are 2 hours long), and have a low ratio of students. For example,Euro-gymnastics average 5-7 students per class using the entire Auditorium. o We will have 3 staff members at any given time. 1.2 Sample Schedule showing class time blocks, break time,practice time.... Gam-12pm: Adult private training in the gym (2-5 adults). 1:30-3:30pm: Students arrive from local schools via Child Shuttle or parent drop off. 3-6:30pm: Students train in music and athletics. Example: Student A does 1 hour piano practice and then 2 hours of gymnastics, 6-7pm: " ` --Students leave via Child Shuttle or parent pick up. 1,3 .Open Area-The open area is a quiet space for students to read or do their HW between their sports and music activities. It has tables, chairs, and Wi-fii. Staff and faculty can also work there. It is also-a good place to have a meeting or have an occasional masterclass. 1.4 Parking: We'were able to find'the 1989 Easement Agreement filed at the County. It shows that . there are 5 spaces for our Center's Use, for a total of 37 spaces. . 1.5 Plans: Sheet A-3.2- There is ample room for backing up, its wide enough for 2 cars. Floor Plan-The space behind the'1'floor Office is currently storage.-In the future, we hope to make it a small practice room. The 2" space doesn't exist and was actually an error in the map, it's just the Open Area. We feel we are in compliance with emergency egress requirements and accessibility requirements, and will be sure to be checked. ` Public Works Department ,2:1-I have spoken with Eric Johnson and other members of Public Works regarding the sidewalk. Since'the previous occupant was a church,(Healing Word),-it was offered that there was a possibility .. that the use hasn't changed significantly enough. There is:a possibility of having this requirement waived or postponed. In the meantime, we are also in the process of finding out what.a sidewalk entails from the Irvine Water Companyand from Tustin Public Works. We would appreciate a timeline for sidewalk that doesn't delay the'CUP. Hutter, Edmel ane From: Susan Boettger(JCM) <susan@juniorchambermusic.org> Sent: Monday,January 29, 2018 11:24 PM To: Hutter, Edmelynne Subject: Re: lyceum busienss hours Hello Edmelynne- Thank you for emailing me. Our office hours are: Day Summer Hours: Fall, Winter, Spring Hours: Monday- Friday 8:30 AM -8:30 PM 11:30 AM - 9:00 PM ................................................................................................................. ........................................................................ Saturday 8.30 AM - 9.30 PM 8.30 AM- 9:30 PM .... .... ........................ ... .... ........... ................................... ....................................... Sunday 8:30 AM...... PM 11:30 AM 9 00 PM Thank you- Susan Dr.Susan Boettger Executive Director,JCM www.iuniorchambermusic.or� (310) 266-0790 On Jan 29, 2018, at 12:06 PM, Hutter, Edmelynne <EHuttert@tustinca.ore>wrote: Hi Susan, Can you please provide me the following business hours (open,close hours) Day Summer Hours: Fall,Winter, Spring Hours: Monday. - Friday ........... ................................................................................................................................... Saturday....................... ...... ................................................................................................................................. Sunda The In submittal you stated that hours are 8:30 a.m. to 9:30 p.m. But the sample schedule you gave me showed activities starting at 6 a.m.and ending at 7 p.m. Please clarify the your typical (non-holiday) open-close hours and what days the facility is closed (if any). Thanks. Regards, Edmelynne V. Hutter I Senior Planner 1 ATTACHMENT D Planning Commission Resolution No. 4361 RESOLUTION NO. 4361 A RESOLUTION OF THE.PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 2017-26 AUTHORIZING THE ESTABLISHMENT AND OPERATION OF A PRIVATE INDOOR RECREATIONAL USE FOR A TRAINING AND INSTRUCTIONAL FACILITY FOR SPORTS, ART, MUSIC AND ACADEMIC ENRICHMENT. The Planning Commission does hereby resolve as follows: 1. The Planning Commission finds and determines as follows: A. That a proper application for Conditional Use Permit (CUP) 2017-26 was filed by Susan Boettger, of Lyceum_ Village SPC, requesting authorization to establish and operate an indoor recreational use for sports, arts, music and academic enrichment training and instruction facility within an existing 19,700 square-foot tenant space located at 14281 Chambers Road. B. That the Irvine Industrial Complex Planned Community District regulations and the Planned Community Commercial/Business General Plan land use designation ;provide for a variety of commercial and industrial uses. In addition, the project has been reviewed for consistency with the Air Quality Sub-element of the City of Tustin General Pian and has been determined to be consistent with the Air Quality Sub-element. C. That a public hearing was duly called, noticed, and held for CUP 2017-26 on March 13, 2018, by the Planning Commission. D. 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, 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 in that: 1) Subsection C of Section VI of the Planned Community District Regulations for the Irvine Industrial Complex, allows private indoor recreational facilities such as batting cages, dance studios, gymnastic studios, and martial arts studios as conditionally permitted uses. , The proposed training and instructional facility is similar to other indoor recreational uses previously allowed with a conditional use permit in this area. 2) The proposed training and instructional facility is located in a stand-alone building and potential conflicts between the use and surrounding businesses is not anticipated based -on the conditions to be imposed and that most of the activities will take Resolution No. 4361 Page 2 place in the afternoon. 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, the proposed use would not result in any parking impacts because the maximum number of occupants will be limited to 120 persons at any given time based upon the parking ratio of one (1) parking space per every three (3) persons, and the forty (40) parking spaces provided onsite. In addition, a transition period would be provided between instruction sessions. 4) As conditioned, no noise impacts are anticipated as all training activities shall be conducted entirely within the building and would be required to comply with the City's Noise Ordinance. 5) As conditioned, CUP 2017-26 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. If the use is not operated in accordance with CUP 2017-26 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. 6) The City's Public Works Department, Police Department and Building Division have reviewed and support the development of the proposed project, as conditioned. 7) The applicant understands that the Planned Community Industrial (PC IND) 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. E. This project is Categorically Exempt pursuant to Section 15301, Class 1 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). [I. The Planning Commission hereby approves CUP 2017-26 authorizing the establishment and operation of an indoor training and instructional facility for sports, art, music and academic enrichment located within an existing 19,700 square feet tenant space located at 14281 Chambers Road, subject to the conditions contained within Exhibit A attached hereto. Resolution No. 4361 Page 3 PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 13th day of March, 2018. RYDER TODD SMITH Chairperson ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4361 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 13th day of March, 2018. PLANNING COMMISSIONER AYES: PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A RESOLUTION NO. 4361 CONDITIONAL USE PERMIT 2017-26 CONDITIONS OF APPROVAL COMMUNITY DEVELOPMENT DEPARTMENT (1) 1.1 The proposed use shall substantially conform with the submitted plans for the project date stamped March 13, 2018, on file with the Community Development Department, except 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 minor modifications during plan check if such modifications are to be consistent with. the provisions of the Tustin City Code (TCC) and other applicable codes. (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) 2017-26 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). (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 REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODEIS (7) PCICC POLICY (4) DESIGN REVIEW EXCEPTION Exhibit A Resolution No, 4361 CUP 2017-26 Page 2 (1) 1.7 CUP 2017--26 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. The Community Development Director shall review the use to ascertain compliance with conditions of approval. If the use is not operated in accordance with CUP 2017-26, or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the Community Development Director shall 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 mitigation 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) Adjust hours of operation. (b) Reduce the number of instructors and/or students. (c) Provide additional parking. (d) Provide noise attenuation. (1) 1.9 As a condition of approval of CUP 2017-26, 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. Exhibit A Resolution No. 4361 CUP 2017-26 Page 3 USE'RESTRICTIONS *** 2.1 The facility shall provide and maintain a minimum forty (40) parking spaces onsite for staff and student vehicle parking. Any modification in the number of parking spaces provided shall be subject to review and approval by the Community Development Director. *** 2.2 The Irvine Industrial Complex Planned Community District Regulations require a parking ratio for private, indoor, recreational uses of one (1) parking space per three (3) people. Based upon the number of available parking of forty (40) spaces, no more than 120 persons may occupy the facility at any given time. Should additional parking spaces be provided, the number of persons may be increased based on one (1) parking space for each, three (3) people, subject to review and approval by the Community Development Director. *** 2.3 Business operations shall be conducted within the following hours: Day Summer Hours: Fall,Winter, Spring Hours: Monday- Friday 8:30 a.m.—9:00 p.m. 11:30 a.m. —9:00 p.m. Saturday 8:30 a.m.—9:30 p.m. 8:30 a.m.—9:30 p.m. ............ __............._ ---.-.-....-.-. Sunday 8:30 a.m. —9:00 p.m. 11:30 a.m. —9:00 p.m. The Community Development Director may approve a request to modify the hours of operation if they are deemed to be compatible with the surrounding area. *** 2.4 Class sessions shall be concluded with sufficient time for attendees of the prior session to vacate the site prior to arrival of attendees of the next session. (1), 2.5 All activities shall be located,within the enclosed building. No loitering *** outside the tenant suite shall be allowed. instruction facility attendees shall remain inside while waiting for lessons/classes or to be picked up. Staff members shall supervise and be responsible for waiting attendees. *** 2.6 Instruction facility activities may include private and group training for sports, arts, music and academic enrichment. Special events conducted inside the building, such as open houses, training exhibitions, recitals, or other similar events_that might be attended by more than 120 persons at any one (1) time shall require the approval of the Director of Community Development and may require the approval of a temporary use permit. Exhibit A Resolution No. 4361 CUP 2017-26 Page 4 (1) 2.7 No outdoor activities shall be permitted unless reviewed and approved by the Community Development Director. (1) 2.8 All activities shall comply with the City's Noise Ordinance. The applicant shall install, as necessary, interior sound attenuation material to minimize noise and/or vibration impacts on adjacent tenants. (1) 2.9 No outdoor storage shall be permitted except as approved by the Community Development Director. *** 2.10 The applicant shall be required to notify the City of any changes to the use of the facility. *** 2.11. 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 the Planning Commission. PLAN SUBMITTAL (3) 3.1 This project requires a change in occupancy classification. The applicant shall submit plans for plan check showing compliance with emergency egress requirements (Chapter 10 California Building Code 2016) and accessibility requirements (Chapter 11 B California Building Code 2016). Modifications to the building may be required in order to comply with code requirements. (3) 3.2 At the time of building permit application, the plans shall comply with the latest edition of the codes (building codes, Green Building Code), City Ordinances, State, Federal laws, and regulations as adopted by the City Council of the City of Tustin. *** 3.3 Prior to business license issuance, the applicant shall submit for city review and approval of a parking lot re-striping plan showing parking stall dimensions in compliance with the TCC, subject to field inspection. (3), 3.4 Prior to business license issuance, the applicant shall submit for review *** and approval a sign permit application for the monument sign and wall sign. *** 3.5 Prior to business license issuance, the applicant shall submit for review and approval landscape improvement plans showing renovation and/or replanting of landscaping in areas visible from the public right-of-way, and may be subject to landscape permit requirements. Exhibit A Resolution No. 4361 CUP 2017-26 Page 5 PUBLIC WORKS DEPARTMENT (1) 4.1 Per City Council Resolution No. 16-12, any change of use/occupancy or significant intensification of any use shall be required to design and construct public sidewalk. Based on the proposed use, the applicant shall design and construct sidewalk along the project frontage prior to issuance of Certificate of Occupancy or commencement of business operations, whichever occurs first. Current Federal Americans with Disabilities Act (ADA) requirements shall be met at the, drive aprons and sidewalk, with removal and replacement of drive aprons, as necessary. The applicant shall submit a separate 24" x 36" street improvement plan, as prepared by a California Registered Civil Engineer, for review and approval. (1) 4.2 Prior to any work in the public right-of-way, an Encroachment Permit shall be obtained from and applicable fees paid to the Public Works Department. ORANGE COUNTY FIRE AUTHORITY (OCFA) "** 5.1 The project will require OCFA review and approval for the change in occupancy and the applicant shall submit the appropriate request accordingly. FEES (1) 6.1 Prior to issuance of any permits, payment shall be made of all applicable fees, including but not limited to, the following: • Building and Planning plan check and permit fees • Encroachment Permit fees • OCFA permit fees (1) 6.2 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.