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Home My WebLink About05 CUP 05-004 ITEM #5 Report to the Planning Commission DATE: MARCH 28, 2005 CONDITIONAL USE PERMIT 05-004 SUBJECT: APPLICANT: KNOWLEDGE POINTS ATTN: KIHEIOTANI 10502 RIDGEWAY DRIVE SANTA ANA, CA 92705 PROPERTY OWNER: LOCATION: GEORGE C. KELSCH JR. FAMILY TRUST ATTN: THOMAS R. BRABECK 33555 MARLINSPIKE DANA POINT, CA 92629 13762 NEWPORT AVENUE, SUITE D GENERAL PLAN DESIGNATION: COMMUNITY COMMERCIAL ZONING: COMMERCIAL GENERAL (CG) ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1) PURSUANT TO SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT REQUEST: AUTHORIZATION TO ESTABLISH A TUTORING FACILITY WITHIN AN EXISTING 980 SQUARE FOOT SUITE LOCATED AT 13762 NEWPORT AVENUE, SUITE D. RECOMMENDATION That the Planning Commission adopt Resolution No. 3966 approving Conditional Use Permit 05-004 to establish a tutoring/instructional facility in an existing 980 square foot suite located at 13762 Newport Avenue. A maximum of three (3) instructors and twelve (12) students are proposed. Planning Commission Report Conditional Use Permit 05-004 March 28, 2005 Page 2 BACKGROUND A 980 square fooftutoring facility is proposed to be located within an existing shopping center, which is bounded by San Juan Street to the north, residential developments to the east, a shopping center to the south, and Newport Avenue to the west (Attachment A - Location Map). The property is currently improved with a two-story multi-tenant building, which is occupied by a variety of commercial uses. The proposed tenant space was previously occupied by a golf store (Eaton's Golf of Tustin) which is now divided into multiple tenant spaces. The project site is located in the Community Commercial General Plan land use designation and Commercial General (C-G) zoning district. The site's land use and the zoning designations provide for a variety of commercial uses such as retail businesses and service businesses. While the proposed tutorial facility would be consistent with the intent of the Tustin General Plan and zoning designations, Section 9235.c. of the Tustin City Code identifies schools and public places of assembly such as tutoring and/or instructional facilities as conditionally permitted uses. Accordingly, the applicant submitted a Conditional Use Permit application for Planning Commission consideration to establish the proposed tutoring facility. PROJECT DESCRIPTION Proposed Use The proposed tutoring facility would occupy Suite D on the ground level of the shopping center. The proposed project would include installation of typical book shelves, tables, and chairs. No tenant improvement requiring building permits is proposed (Attachment B - Submitted Plans). The applicant has indicated that the proposed tutoring facility is a franchised business that provides a nationally based tutoring service for children in grade levels K thru 12 in reading, math, and study skills. Students enrolled in the program would be required to attend two (2) one-hour sessions each week. A maximum of twelve (12) children and three (3) instructors are proposed to be present at the facility at any given time. The proposed hours of operation would be as follows: Monday - Friday: Saturday: Sunday: 9:00 a.m. to 7:00 p.m. 9:00 a.m. to 12:00 p.m. Closed Parking There are 40 parking spaces available for all of the tenants located within the Shopping Center. The previous tenant space was allotted five (5) parking spaces based upon the Planning Commission Report Conditional Use Permit 05-004 March 28, 2005 Page 3 parking ratio of one (1) space for each 200 square feet of floor area for retail uses. The proposed use would require the same number of parking spaces or five (5) parking spaces based upon a ratio of one (1) parking space for every three (3) persons for tutorial or instructional uses. Therefore, no parking impact is anticipated. In addition, the City's Traffic Engineer has reviewed the project and indicated that traffic impacts occurring from the tutoring facility would be similar to those generated by the previous retail tenant. The Traffic Engineer determined that the proposed tutoring facility has the potential to generate a total of fifteen (15) additional net daily trips. However, while the tutoring facility would generate additional trips in the AM and PM peak hours, the increase can be accommodated by the existing street system capacity with no impact to existing levels of service. ANAL YSIS In determining whether to approve the Conditional Use Permit, the Planning Commission must determine whether or not the proposed use will be detrimental to the health, safety, morals, comfort, and general welfare of the persons residing in or working in the neighborhood or whether it will be injurious or detrimental to property or improvements in the vicinity or to the welfare of the City. A decision to approve this request can be supported by the following findings: 1. As conditioned, the use would be limited to a tutoring facility with no more than three (3) instructors and twelve (12) students on-site at any given time. 2. As conditioned, the days and hours of operation would be consistent with other businesses located within the center. The hours of operation will be limited to 9:00 a.m. to 7:00 p.m. Monday through Friday, 9:00 a.m. to 12:00 p.m. Saturday, and closed on Sunday. 3. As conditioned, the proposed use would not result in a parking impact to the site since the total number of parking spaces required for the proposed tutoring facility is the same as the previously permitted retail use at that location. 4. The Traffic Engineer has determined that while the tutoring facility would generate additional trips in the AM and PM peak hours, the increase can be accommodated by the existing street system capacity with no impact to existing levels of service. Planning Commission Report Conditional Use Permit 05-004 March 28, 2005 Page 4 \)~ ¿Jçrb Dana Ogdon Assistant Community Development Director Jus' a Willkom Associate Planner Attachments: A - Location Map B - Submitted Plans C - Resolution No. 3966 S:\Cdd\PCREPORT\2005\CUP 05-004 (Knowledge Points).doc 10. LAND USE APPLICATION FACT SHEET 1. LAND USE APPLICATION NUMBER(S): Conditional Use Permit (CUP) 05-004 LOCATION: SEC of Newport Avenue and San Juan Street 2. 3. ADDRESS: 13762 Newport Avenue. Suite D 4. LOT: 10 thru 12 TRACT: Block "A" of Martin's Addition on the Town of Tustin 5. APN(S): 500-153-19 PREVIOUS OR CONCURRENT APPLICATION RELATING TO THIS PROPERTY: N/A 6. 7. SURROUNDING LAND USES: NORTH: San Juan Street SOUTH: Commercial Shoppinq Center EAST: Multi-Familv Residential WEST: Newport Avenue 8. SURROUNDING ZONING DESIGNATION: NORTH: PC-C SOUTH: C-1 and CG EAST: R-3 2000 WEST: PC-Commercial 9. SURROUNDING GENERAL PLAN DESIGNATION: NORTH: Community Commercial SOUTH: Community Commercial EAST: Hiqh Densitv Residential WEST: Old Town Commercial SITE LAND USE: A. EXISTING: Shoppinq Center B. PROPOSED: Shoppinq Center C. GENERAL PLAN: Community Commercial PROPOSED GP: Community Commercial D. ZONING: CG PROPOSED ZONING: CG DEVELOPMENT FACTS: 11. LOT AREA: 23.400 SF 0.54 ACRES 12. BUILDING LOT COVERAGE: 25.41 % MAX. PERMITTED 25.41 % PROPOSED 13. SITE LANDSCAPING: N/A (existinq) REQUIRED N/A (existinq) PROPOSED 14. OPEN SPACE: N/A REQUIRED N/A PROPOSED 15. PARKING: 5 spaces REQUIRED 5 spaces PROPOSED 16. BUILDING HEIGHT: 50 feet MAX. PERMITTED No Chanqe PROPOSED 17. BUILDING SETBACKS: REQUIRED PROPOSED FRONT: N/A N/A SIDE: N/A N/A REAR: N/A N/A 18. OTHER UNIQUE CONDITIONS ASSOCIATED TO THE PROPERTY (I.E. SPECIAL STUDY ZONES, EASEMENTS, ETC.) N/A ATTACHMENT A Location Map LOCATION MAP PROJECT NO. ADDRESS CU1' 05 -O0L4 1!J76z. Neu:>portAve, *"1> )~n, ~A i !i! i ATTACHMENT B Submitted Plans KnowledgePoints 13762 Newport Avenue, Suite D Tustin, CA 92780 Sheet Index: No.1 - Site Plan No.2 - Elevations and Floor Plan t------ 09~::;~~~L~l~~CI' ------------.--.--.------ ----I-----------T~Y~~~~~ }1t~~ I -- ~~~~;~~~ ---~~ ~-a ::~~ - 4~"~:::; :~~~~,.;?; I ~ ! h ' X A-:t11'V .,;lal ~ "C?~cn \Ç) - "o-,ot;.1 I I I I . J I I ~ _I ~ " r I I I I r------ .. I I I r- I f--- i I r' I I I I I I I , I ~.()..- :;¡ -\ -~ ~ ~. ..- ..~~ I--,'Ô ~,~ _~i~- ,I'. +1", I'~ - --~+ -T--~ i I I 1-- i i i - . uf---- -....--.. --_c--- .---,.-+ ---- \I: -' I 1!'1 "" "'--I,r----- ~~ ' '-' ' ",", --------+---- ~\! .. I ---- ----;;;or---- ~, :<;, tf¡ __Un_' ---'----T--- 'X! 7.' -----;¡;i---- ~I ~. :~ ,,""-,~<Z:.. 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" (~J ~: -,,' I ~ ::J '7. !<\\ < ":l ~ - ~ I"', i~ , ~)- ,/ \- >\.'-1 . ~ ."', ~ <:./ ::t ~--j \- ~ ~ ~ ?: ~ ! i -;q. >< -,.. \\ _\ .} " \~ ~ .. \II, ~ ~ 7- '1 ~I ~I ~ ~ I~ 11 :\1 i~ I" :~ '~ \\\ ,It. \- Z :; ~ \0 ~i ~: ~! ~! ATTACHMENT C Resolution No. 3966 RESOLUTION NO. 3966 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN APPROVING A TUTORING FACILITY WITHIN AN EXISTING 980 SQUARE. FOOT TENANT SPACE LOCATED AT 13762 NEWPORT AVENUE, SUITE D The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application for Conditional Use Permit 05-004 was filed by Mr. Kihei Otani, requesting authorization to establish a tutoring facility for up to three (3) instructors and twelve (12) students within an existing 980 square foot tenant space at 13762 Newport Avenue, Suite D. B. That the proposed use is consistent with the General Plan "Community Commercial Business" land use designation which provides for a variety of commercial uses such as retail businesses and service businesses including tutoring and/or instructional facilities with the approval of a Conditional Use Permit. In addition, the project has been reviewed for consistency with the Air Quality Sub-element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub-element. C. That a public hearing was duly called, noticed, and held on said application on March 28, 2005, by the Planning Commission. D. That the establishment, maintenance, and operation of a tutoring facility will not 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. As conditioned, the use would be limited to a tutoring facility with no more than three (3) instructors and twelve (12) students on-site at any given time. 2. As conditioned, the days and hours of operation would be consistent with other businesses located within the center. The, hours of operation will be limited to 9:00 a.m. to 7:00 p.m. Monday through Friday, 9:00 a.m. to 12:00 p.m. Saturday, and closed on Sunday. 3. As conditioned, the proposed use would not result in a parking impact to the site since the total number of parking spaces required for the proposed tutoring facility is the same as the previously permitted retail use at that location. 4. The Traffic Engineer has determined that while the tutoring facility would generate additional trips in the AM and PM peak hours, the Resolution No. 3966 Conditional Use Permit 05-004 Page 2 increase can be accommodated by the existing street systèm capacity with no impact to existing levels of service. E. This project is Categorically Exempt pursuant to Section 15301 ,Class 1 of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Planning Commission hereby approves Resolution No. 3966 authorizing the establishment of a tutoring facility with up to three (3) instructors and twelve (12) students at any given time during permitted business hours within a 980 square foot tenant space at 13762 Newport Avenue, Unit D, subject to the conditions contained within Exhibit A, attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 28th day of March, 2005. JOHN NIELSEN 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. 3966 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 28th day of March, 2005. ELIZABETH A. BINSACK Planning Commission Secretary GENERAL (1 ) 1.1 (1 ) 1.2 (1 ) 1.3 (1 ) 1.4 EXHIBIT A CONDITIONAL USE PERMIT 05-004 CONDITIONS OF APPROVAL RESOLUTION NO. 3966 The proposed use shall substantially conform to the submitted plans for the project date stamped March 28, 2005, 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 to plans during plan check if such modifications are to be consistent with the provisions of the Tustin City Code and other applicable codes. 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. Approval of Conditional Use Permit 05-004 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 within ten (10) days of approval of Conditional Use Permit 05-004. As a condition of approval of Conditional Use Permit 05-004, 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. SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODEIS (4) DESIGN REVIEW *** EXCEPTIONS (5) (6) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY Exhibit A Resolution 3966 Conditional Use Permit 05-004 Page 2 (1 ) 1.5 (1 ) 1.6 Any violation of any of the conditions imposed is subject to the payment of a civil penalty of $100.00 for each violation, or such other amounts as the City Council may establish by ordinance or resolution, and for each day the violation exists, subject to the applicable notice, hearing, and appeal process as established by the City Council ordinance. The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorneys' fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. USE RESTRICTIONS (5) 2.1 (5) 2.2 (5) 2.3 (5) 2.4 The use shall be limited to a tutoring facility with no more than three (3) instructors and twelve (12) students at any given time during the permitted hours' of operation. The number of parking spaces for the use is limited by the amount commensurate to the number of students and instructors which, based on a parking ratio of one (1) parking space for every three (3) persons, equals five (5) parking spaces. Any additional parking spaces allocated toward the use, modification to floor plans, addition of students or instructors, modification of hours of operation, or i-ntensification of the use shall be reviewed and approved in writing by the Community Development Director. Hours of operation are limited to the following: . Monday - Friday: . Satu rday: . Sunday: 9:00 a.m. to 7:00 p.m. 9:00 a.m. to 12:00 p.m. Closed The hours maybe modified administratively subject to review and approval by the Community Development Director. The applicant shall comply with the City's noise ordinance at all times. If noise complaints are received and a duly authorized representative of the City of Tustin determines that the noise is associated with the use, the applicant shall immediately implement interim provisions to prevent noise and the applicant would be required to implement sound mitigation measures to eliminate noise impacts. If the use is wholly discontinued for any reason for a period of one (1) year or more or replaced with a different permitted or conditionally permitted use, the use shall be conclusively presumed to be abandoned and any future tutoring facility in the subject space would require a new conditional use permit. The year shall not include time of discontinued use due to a valid order of a court of law or due to building repair under a building permit. Exhibit A Resolution 3966 Conditional Use Permit 05-004 Page 3 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 forty-three dollars ($43.00) 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.