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HomeMy WebLinkAboutZA AGENDA REPORT ' I _ITE: MARCH 17, 1997 I n t e r.- Comig TO: ZONING ADMINISTRATOR FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT. CONDITIONAL USE PERMIT 97-003 APPLICANT: DAMON CARUANA CYBERTRAIN 17671 IRVINE BLVD. , SUITE 211 TUSTIN, CA 92780 OWNER: TUSTIN SYCAMORE PLAZA, L.P. 17671 IRVINE BLVD, SUITE 103 TUSTIN, CA 92780 ATTN: ROBERT HALL LOCATION: 17671 IRVINE BOULEVARD, SUITE 211 ZONING: PROFESSIONAL (Pr) ENVIRONMENTAL THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1) STATUS: PURSUANT .TO SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT REQUEST: TO AUTHORIZE THE ESTABLISHMENT OF A PRIVATE COMPUTER TRAINING SCHOOL. RECOMMENDATION That the Zoning Administrator adopt Zoning Administrator Action 97- 004 approving: Conditional Use Permit 97-003 . BACKGROUND AND DISCUSSION The applicant proposes to occupy an existing 976 square-foot second-floor tenant space within a two-story 29,491 square-foot garden office building to conduct computer training, classes . The proposed use was established at the subject site without au't'horization by the City. On December 1.8, 1996, Code Enforcement issued a Notice of Violation to the business operators for operating as a school without a Conditional. Use Permit or an appropriate business license. On January 27, 1997, , a Conditional Zoning Adininistrator Report CUP 97--003 --' March 17, 1997 Page 2 Use Permit application to establish a computer training school was submitted to the Community Development Department . Site and Surrounding Properties The project site is located on the north side of Irvine Boulevard, .between Prospect Avenue and "B" Street . Surrounding uses include garden office buildings to the east, west and south (across Irvine Boulevard) , and single family residences to the north. Other tenants on the subject site include law offices, financial services and administrative uses . Proj'ect 'Description The proposed curriculum is' limited to training in the- operation of personal computers and personal computer software. The courses offered range from general computer basics to specific software applications . Based on the course information provided by the applicant, class size is limited to six (6) students per session, although class sizes of up to ten (10) students are formally requested under this application, and sessions are limited to four (4) hours . Classes are proposed up to seven days per' 'week, with hours ranging from 8 : 00 a.m. to 9 : 00 p.m. In _addition to the in-house training proposed, off.-site tutoring at business or residential locations is also offered. Compatibility Zoning Code Section 9231dl requires the approval of a Conditional Use Permit for instructional schools in the Pr District. Approval of a Conditional Use Permit for this purpose is subject to the finding that the establishment of such a use would be compatible with the surrounding uses in the area and on the subject property. Because the proposed curriculum. is limited to training in the operation of personal computers, the type of activity that would occur in the classroom is similar and directly related to the office uses on the subject property and adjacent properties . The intensity of use is compatible with the surrounding office uses in that class size is limited to ten (10) students per session which can be accommodated within the tenant space. . r { Zoning Administrator Report CUP 97-003 March 17, 1997 Page 3 Parking The Zoning Code requires a minimum of one (,1) on-site parking space for every two (2) students plus one (1) parking space per instructor for the proposed use, plus one (1) space for every 250 square feet of gross floor area for the other office uses occupying the site (there are no medical or dental uses occupying tenant space on the subject property) . Excluding the proposed use, . 114 parking spaces are required to serve the other tenants on the project site, whereas 120 parking spaces are provided, leaving a maximum of six (6) parking spaces to serve the proposed use . Based ori the parking standard described above, a maximum of ten (10) students, with" one (1) instructor per class session may be accommodated by the -available parking. For every additional instructor, the maximum class size would have to be reduced by two (2) students . To ensure that on-site parking is available to serve all uses on the site at all times, a condition of approval has been included to limit class sizes so that the parking requirement. for the use never exceeds six (6) parking spaces . Gregory S. Gubman Associate Planner Attachments : A - Location Map B - Submitted Plans C - Zoning „Administrator Action 97-004 j A m 1'Tl N � H= ♦ i N NORTH "6" ST. u - 17572 17S71 O � 117572 \ N 17581 17582 17581 - • � 17592 17 17592 W •' C ,7621 1762 17611 17612 '.� ••: ����-�\ m r 17621 A '§ N m 17632 m 17631 17622 n y 17642 17641 f ,.� S ••" \,���f\ • � � b 17662 17661 142 ti 17672 1 17662 t,Z 3 S5 a176820olo 17681 2 17691 17672 J ` 2^T\ 55 N 17712 0 17711 J i5 N •D�il 17722 17721 17692 r �S 1 N 17732 17731 Z y ,77,2 • . 15 v a~ 17742 s7741 _ N •,/ a 17752 17751 77732 O, — PROSPECT AVENUE n _ r m I Y - a 41 `:I - 3=G'ABO✓C fr�G-GUtN .0/.Ci' C(i .I h'•c.'.; ? 5EC;. .VE uv':.O/ G. .SF�n T/L 7N/t S T. 7,iA4,i P ? - TEL-f.�e cLfsoo ao°s- •• 777 . •,I i Ire 10 `�r I _._._`- i - I 7✓PFoo 9 `` �'<�� i:;'::.�. w�,;v_;:.' '.04 'RAYB/NeU/oG7.t/�0%•TrG:6-3 •.3c.EEN - ..I ' �.�= Co.. W .�- • . MAP, ic covT.4GTO,Q �'/- � .YE•¢/FYElG4GT 2-3"G.o.��G•J M_3• c-47)OR/. W � _ � ,500.001--. —__c• IRVINE BOULEVARD .A SITE PLAN W.W vq! 711 0;,-- tz SYCAMORE PLAZA BUILDING PrIP-7 FUZ:2 !'.a' e:J 'J' IJ n'J' IW L.d �J' I'J i L• '.4 i ��. :�n..,.•r, .III �rf- 41 �.— .fd.G' 1=d�p':.s_• d��—il •'e1 l:-dJl a. _� _•.1 � d � ed_ _ �f --41. I _+-- I eR�t'yae w! c r I ��a•.t•v �._—� i. m �.OFY:LF•46/4 QOI _.Z �Y � ii i Till Itz _i � ''ems -. • R...__.... . yI:i I ed� .!. j e.d��d��• � e'd t e!d 1 •4.11` ., eb. I d'� •'d 1 e'd l *�'a� r I e4 I ems• a'�• �1 b r' w T�NAhIT �C1.1T�01� 6YCAMO2E PLAZA BUILDING � SEE �►�I�{�Co60 p�.00(i �,..p,,.1) FST aE--¢tom • LF �riT�.t•�C� FLOOR PLAN 976 s.f. i S1 ZONING ADMINISTRATOR ACTION 97-004 CONDITIONAL USE PERMIT 97-003 2 MARCH 17, 1997 3 The Zoning Administrator of the City of Tustin does hereby resolve 4 as follows : 5 I . The Zoning Administrator finds and determines as follows : 6 A. That a proper application for Conditional Use Permit 97- 7 003 was filed by Damon Caruana requesting authorization to establish a computer * training school within an 8 existing office suite located at 17671 -Irvine Boulevard, Suite 211. 9 B. That the proposed use is allowed within the Pr, 10 Professional District, with the approval of a Conditional Use Permit. 11 C. That a public hearing was duly called, noticed and held 12 on said application on March 17, 1997 by the Zoning Administrator. 13 0 D. That the establishment, maintenance, and operation of the 4 use applied for will not, under the circumstances of this case, be detrimental to the health, safety, morals, 15 comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use nor be 16 a detriment to the property and improvements in the neighborhood of the subject property, nor to the general 17 welfare of the City of Tustin as evidenced by the following findings : 18 1. The proposed curriculum is limited to training in 19 the operation of personal computers and related programs and accessories, which is consistent and 20 compatible with the other office - uses on the subject property and adjacent properties . 21 2 . ' The intensity of use is compatible with the 22 surrounding office uses in that the class size is limited to ten (10) students per session which can 23 be accommodated within the tenant space. 24 3 . Adequate on-site parking is provided on the subject property to accommodate the proposed use in that, 25 pursuant to the Tustin City Code, the aggregate parking requirement for the uses authorized on the 26 subject property, including the use proposed under this Conditional Use Permit, is 120 spaces, and 120 07 on-site parking spaces are provided on the subject property. 28 Zoning Administrator Action 97-004 Page 2 1 r 2 E. That this project is Categorically Exempt from the requirements of the California Environmental Quality Act, 3 pursuant to Section 15301 (Class 1) . 4 F. That the project has been reviewed for consistency with the Air Quality Sub-element of the City of Tustin General 5 Plan and has been determined to be consistent with the Air Quality Sub-element. 6 II'. The Zoning Administrator hereby approves Conditional Use 7 Permit 97-003 authorizing the establishment of a computer training school within an existing office suite located at 8 17671 Irvine Boulevard, Suite 211, subject to the conditions contained within Exhibit A, attached hereto. 9 10 _ PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular meeting held on the 17th day of March, 1997 . 11 12 13 RICK BROWN, C.B .O. Zoning Administrator Designee 14 15 16 BARBARA REYES Recording Secretary 17 18 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) 19 CITY OF TUSTIN ) 20 I, BARBARA REYES, the undersigned, hereby certify that I am the 21 Recording Secretary of the Zoning Administrator of the City of Tustin, California; that Zoning Administrator Action No. 97-004 was 22 duly passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 17th day of March, 1997 . 23 24 - BARBARA REYES 25 Recording Secretary 26 27 28 I EXHIBIT A ZONING ADMINISTRATOR ACTION 97--004 ; CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 97-003 GENERAL (1) 1. 1 The proposed project shall substantially conform with the submitted plans date stamped March 17, 1997, on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development Department in accordance with this Exhibit . (1) 1.2 Conditional Use Permit approval - shall become null and void unless the authorized computer training instruction. commences within twelve (12) months of the date of this exhibit . Time extensions may be granted by the Community Development Department if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1 .3 The granting of this Conditional Use Permit does not , relieve the applicant, or any successors thereto, from the obligation to obtain all necessary licenses, certifications or permits as required from :all applicable county, state and/or federal agencies for the establishment of private educational programs. The conditions set forth in this Exhibit do not supersede, nor shall they be superseded by, the requirements set forth by any other licensing agency. (1) 1 .4 Approval of Conditional Use Permit 97-003 is contingent upon the applicant signing and returning an "Agreement to Conditions Imposed" form as established by the Director of Community Development . (1) 1..5 The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of a challenge of the City' s approval of this •project . SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION ' I I Exhibit A CUP 97-003 Zoning Administrator Action 97-004* Page 3 USE RESTRICTIONS *** 2 .1 The curriculum authorized under this Conditional . Use Permit is strictly limited to computer training. Any - modification to the curriculum shall first require the approval of an amendment to this Conditional Use Permit and shall be subject to the regulations, application fees and submittal requirements in effect at the time that the amendment is proposed. ti *** 2 .2 No more than ten (10) students may be enrolled per classroom session at any one time, with no more than one (1) instructor provided; or, for each additional instructor, the maximum number of students allowed shall be reduced by two (2) students . Any increase in classroom size shall first require the approval of an amendment to this Conditional Use Permit and shall be subject to the regulations, application fees and submittal requirements in effect at the time that the amendment is proposed. In addition, any proposal to increase classroom size shall be required to include provisions for additional oft-street parking. (3) 2 .3 In addition to the enrollment limitation identified in Condition 2 . 1, the maximum occupancy of the classroom shall be twenty (20) square feet per occupant . *** 2 .4 Classroom sessions shall be limited to the hours of 8 : 00 a.m. to 9 : 00 p.m. , Monday through Sunday. (4) 2 .5 All building locking devices added to the premises shall meet those requirements as set forth in the Building Security Code . (4) 2 . 6 Applicant shall obtain all necessary permits from the Building Department prior to construction of any improvements that require a permit pursuant to the Uniform Building Code and Tustin Municipal Code . (5) 2 .7 All exterior signs, including any change of copy, require review and approval by the Community Development Department, and may require a building permit, prior to installation. i ll� Exhibit A CUP 97-003 I, Zoning Administrator Action 97-004 Page 4 FEES (1) 3 . 1 Prior to the issuance of any building or sign .permits, payment shall be made of all applicable building plan check and permit fees and sign design review fees to the Community Development Department . (1) 3 .2 Within forty-eight (48) hours of approval of the subject (5) project, the applicant shall deliver to the Community Development Department, .a cashier' s check payable to the COUNTY CLERK in the amount of $38 . 00 (thirty-eight t dollars) to enable the City to file the appropriate environmental documentation for the project . If within such forty-eight (48) hour period that 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.