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HomeMy WebLinkAbout05 CUP 05-017Report to the Planning Commission DATE: AUGUST 8, 2005 SUBJECT: CONDITIONAL USE PERMIT 05-017 APPLICANT: LIFEPLAN CHILDREN'S SERVICES ATTN: LARRY AND MICHELLE KERIN 19341 GATEWAY DRIVE SANTA ANA, CA 92705 PROPERTY OWNER: SPE/TUSTIN PROPERTIES, L.L.C. ATTN: PETER SCHULTZ 3625 DEL AMO BLVD., SUITE 130 TORRANCE, CA 90503 LOCATION: 17251 SEVENTEENTH STREET, SUITE A GENERAL PLAN DESIGNATION: COMMUNITY COMMERCIAL ZONING: COMMERCIAL GENERAL (CG) ITEM #5 Dent � t"' ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1) PURSUANT TO SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT REQUEST: AUTHORIZATION TO ESTABLISH AN INSTRUCTIONAL FACILITY FOR DISABLED CHILDREN, WITH A MAXIMUM OF SIX (6) INSTRUCTORS AND TWENTY-FIVE (25) STUDENTS PROPOSED WITHIN AN EXISTING 2,500 SQUARE FOOT SUITE LOCATED AT 17251 SEVENTEENTH STREET, SUITE A, IN THE TUSTIN FRENCH QUARTER SHOPPING CENTER. RECOMMENDATION That the Planning Commission adopt Resolution No. 3987 approving Conditional Use Permit 05-017 to establish an instructional facility for disabled children, with a maximum of six (6) instructors and twenty-five (25) students proposed within an existing 2,500 square foot suite located at 17251 Seventeenth Street, Suite A, in the Tustin French Quarter Shopping Center. Planning Commission Report Conditional Use Permit 05-017 August 8, 2005 Page 2 BACKGROUND A 2,500 square foot tutoring facility is proposed to be located within an existing shopping center at the northeast corner of Seventeenth Street and Carroll Way, surrounded by commercial uses to the south and west, and by residential uses to the north and east (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 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 zoning designation provide for a variety of commercial uses such as retail businesses and service businesses. While the proposed instructional 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 instructional facilities as conditionally permitted uses. Accordingly, the applicant submitted a Conditional Use Permit application for Planning Commission consideration to establish the proposed instructional facility. PROJECT DESCRIPTION Proposed Use The proposed instructional facility would occupy an existing tenant space at 17251 Seventeen Street on the ground level of the shopping center. The proposed project would require minor interior improvements to create a storefront at the existing tenant spaces roll -up door, three (3) classrooms, a teacher's office, and reception area/library; there are two (2) existing restrooms (Attachment B — Submitted Plans). The applicant has indicated that the proposed instructional facility is for students with disabilities, some in wheelchairs, offering academic and living skills programs. Students would be picked up by in a van provided by the facility and dropped off at the north side of the tenant space, adjacent to the proposed storefront. Condition 2.1 is proposed to ensure all students are picked up and dropped off in the designated parking spaces adjacent to the north side of the tenant space to ensure the shortest and safest path of pedestrian travel. A maximum of twenty-five (25) children and six (6) instructors are proposed to be present at the facility at any given time. The proposed hours of operation would be as follows: Monday — Friday: 8:00 a.m. to 4:00 p.m. Saturday and Sunday: Closed Parking There are 382 parking spaces available for all of the tenants located within the Tustin French Quarter Shopping Center. The previous tenant space was allotted thirteen (13) Planning Commission Report Conditional Use Permit 05-017 August 8, 2005 Page 3 parking spaces based upon the parking ratio of one (1) space for each 200 square feet of floor area for retail uses. The Tustin City Code requires one (1) parking space for each instructor and one (1) for every eight (8) students for tutorial or instructional uses where all students are under sixteen (16) years old (TCC 9242b(h)) due to the age requirements of obtaining a California Driver's License. Similarly, since the proposed use is for children with disabilities, the same requirement could apply regardless of age. As a result, ten (10) parking spaces would be required; 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 there would be no significant AM or PM peak hour changes as a result of the proposed school facility; therefore, there would be sufficient roadway capacity to accommodate the proposed project. ANALYSIS 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 six (6) instructors and twenty-five (25) 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 approximately 8:00 a.m. to 4:00 p.m. Monday through Friday, and closed on Saturday and 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, and that all students would be picked up in a school -sponsored van and dropped off in a designated parking space on-site adjacent to the entrance. Pick-up and drop-off hours would occur from 8:15-8:30 a.m. and 3:30-3:45 p.m., respectively. 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 05-017 August 8, 2005 Page 4 Matt West Associate Planner Attachments �o►�-�-- 0 dam_ Dana Ogdon Ili Assistant Community Development Director A - Location Map B - Submitted Plans C - Resolution No. 3987 SACdd\PCREPORT\2005\CUP 05-017 (LifePlan Children Services).doc ATTACHMENT A Location Map s `Aq f7 77'1 �� dG ms's �z. • p M '" s TIP u oa 76v*l g, d � � ATTACHMENT B Submitted Plans I133d�1S 773S517S' 9-99S I Nlk i rT� �P A'.lYfl6Yf9WF � ,'i z z alb i O E 3 FQYb ;dg«� w7o Mal =gel rv�3 aln ¢ � o I Nlk i rT� �P A'.lYfl6Yf9WF � ,'i z z alb i O E 3 FQYb ;dg«� w7o Mal =gel J-7-7,VIS77-?-T-T/7& 9-9.9.r __y } \ � \}\s �� \ �»|�|� \ / � �� } : , �\ V) M �� \ �»|�|� � I Ii�sou 133d/1S 773SSrl� 95'95 Is a »i i Ial � I�I4 I�I .o y - -- - - -- - - 1 h Michelle L. Morris / E. Lawrence Kerin 19341 Gateway Drive `Phone: (714) 397-3261/3260 Santa Ana, CA 92705 Fax No: (714) 508-9296 Email: m1m19341(a_aol.com & l.kerin@usa.net June 17, 2005 Mr. Matt West, Associate Planner Community Development Department City of Tustin 300 Centennial Way Tustin, CA 92780 Dear Mr. West: Thank you for your letter of June 13, 2005, regarding Conditional Use Permit 05-017. We appreciate the initial review of our submitted materials and enclosed you'll find responses to the comments you raised. COMMUNITY DEVELOPMENT DEPARTMENT 1.1 Refer to Exhibits A & B. There are parking spaces highlighted in pink on Exhibit B where students will be picked up and dropped off. As you know there is an overhead door, 104" wide, where the students will enter the school property. School hours will be approximately 8:30 am to 3:30 pm Monday — Friday with drop off times to occur 8:15-8:30 am and pick up times to be 3:30-3:45 pm. 1.2 1.3 The school has 13 parking places allocated to it (Attachment C) and we will encourage all staff and visitors to the school to use the parking spaces highlighted in yellow on Exhibit B. The school will be open from 8:00 am to 4:00 pm Monday — Friday. The school currently has 8 students with a maximum of 25 students planned over the next 3 years. BUILDING 2.1 See Attachment D 2.2 The number and age of the students per classroom will vary upon enrollment, however, Attachment D has the breakdown of the current student population. Classroom exits are as marked on Attachment D. 2.2 First of all, both spaces are air-conditioned and heated. The two spaces are separated by a sound wall, two swinging doors, and back-to-back bathrooms. =x i i i -0 1 r r' e � t I! u i ti j .1. 99 ra sit 02 E-4 < lit I • P�kA e h,ry, eaot C— S:SabrinaUUM1Parking Summary 5/12/2005 TUSTIN'S FRENCH QUARTER BUILDING USE AND PARKING SUMMARY ADDRESS BUSINESS NAME BUSINESS USE GROSS SF PARKING PARKING RATIO REQUIRED 17245 Starbucks Coffee 1,520 SF 5/1000 8 17245-A Tony Roma's Restaurant 139 seats lsp/3 seats 58 17245-B Cingular Wireless Cell Phones 2,275 SF 5/1000 11 17251 LifePlan School 2,500 SF 5/100 13 17251-B Millennium Outpatient Medical 2,516 SF 5/1000 13 17251-D Nutrition Plus Office 2,600 SF 4/1000 10 17261 Marshalls Retail 32,504 SF 5/1000 163 17265 Shoe Pavilion Retail 8,243 SF 5/1000 41 17291 Tuesday Morning Retail 6,000 SF 5/1000 30 17295 ET Beauty Supply Retail 1,500 SF 5/1000 8 17301 Royal Tustin Cleaners Dry Cleaners 1,260 SF 5/1000 6 17311 Think Pphysical Medical 900 SF 4/1000 4 17321 Think Physical Medical 1,91.6 SF 4/1000 7 17331 Studio 17 Beauty 3,240 SF 5/1000 16 17351 Rainbow Photo Photo Lab 1,584 SF 5/1000 8 17361 Tae Bo Martial Arts 3,168 SF lsp/3std * 8(24 students) 17381 New Smile Dentist Dentist 1,584 SF ** 8 17385 JM Picture Framing Retail 1,200 SF 5/1000 5 17391 Lampost Pizza Restaurant 116 seats lsp/3 seats 38 17395-A Wyn Salon Beauty 1,000 SF 5/1000 5 17395-B Subway Sandwich Shop 10 seats 1sp/3 seats 3 17395-C Goldmine Yogurt Yogurt Shop 950 SF 511000 5 17395-D Mimi's Cafe Office 1,974 SF 4/1000 8 17395-F State Farm Insurance Office 1,000 SF 4/1000 4 17395-G Tropical Blossoms Kiosk 24 SF 1 Pkg Provide Pkg regd TOTALS 382 371 per CUP reduction see DR -96-001 maximum number of students for Tae Bo = 48 ** 884 SF @ 4/1000 = 4 spaces 700 SF @ 6/1000 = 4 spaces S:SabrinaUUM1Parking Summary 5/12/2005 ATTACHMENT C Resolution No. 3987 RESOLUTION NO. 3987 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN APPROVING AN INSTRUCTIONAL FACILITY FOR DISABLED CHILDREN, WITH A MAXIMUM OF SIX (6) INSTRUCTORS AND TWENTY-FIVE (25) STUDENTS PROPOSED WITHIN AN EXISTING 2,500 SQUARE FOOT SUITE LOCATED AT 17251 SEVENTEENTH STREET, SUITE A, IN THE TUSTIN FRENCH QUARTER SHOPPING CENTER. The Planning Commission does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That a proper application for Conditional Use Permit 05-017 was filed by Larry and Michelle Kerin, requesting authorization to establish an instructional facility for disabled children, with a maximum of six (6) instructors and twenty-five (25) students proposed within an existing 2,500 square foot suite located at 17251 Seventeenth Street, Suite A, in the Tustin French Quarter Shopping Center. 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 August 8, 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 six (6) instructors and twenty-five (25) 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 approximately 8:00 a.m. to 4:00 p.m. Monday through Friday, and closed on Saturday and 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 Resolution No. 3987 Conditional Use Permit 05-017 Page 2 proposed tutoring facility is the same as the previously permitted retail use at that location, and that all students would be picked up in a school -sponsored van and dropped off in a designated parking space on-site adjacent to the entrance. Pick-up and drop-off hours would occur from 8:15-8:30 a.m. and 3:30-3:45 p.m., respectively. 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. 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. 3987 authorizing an instructional facility for disabled children, with a maximum of six (6) instructors and twenty-five (25) students proposed within an existing 2,500 square foot suite located at 17251 Seventeenth Street, Suite A, in the Tustin French Quarter Shopping Center, 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 8th day of August, 2005. JOHN NIELSEN Chairperson ELIZABETH A. BINSACK Planning Commission Secretary Resolution No. 3987 Conditional Use Permit 05-017 Page 3 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. 3987 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 8th day of August, 2005. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A CONDITIONAL USE PERMIT 05-017 CONDITIONS OF APPROVAL RESOLUTION NO. 3987 GENERAL (1) 1.1 The proposed use shall substantially conform to the submitted plans for the project date stamped August 8, 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. (1) 1.2 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) 1.3 Approval of Conditional Use Permit 05-017 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 05-017. (1) 1.4 As a condition of approval of Conditional Use Permit 05-017, 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 (5) RESPONSIBLE AGENCY (2) CEQA MITIGATION REQUIREMENTS (3) UNIFORM BUILDING CODES (6) LANDSCAPING GUIDELINES (4) DESIGN REVIEW (7) PC/CC POLICY *** EXCEPTIONS Exhibit A Resolution 3987 Conditional Use Permit 05-017 Page 2 (1) 1.5 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. (1) 1.6 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 The use shall be limited to a instructional facility with no more than six (6) instructors and twenty-five (25) 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 instructor and one (1) space for every eight (8) students, equals ten (10) parking spaces. All students shall be picked up and dropped off in the designated parking space adjacent to the north side of the tenant space to ensure the shortest and safest path of pedestrian travel. Any additional parking spaces allocated toward the use, modification to floor plans, addition of students or instructors, modification of hours of operation, or intensification of the use shall be reviewed and approved in writing by the Community Development Director. (5) 2.2 Hours of operation are limited to the following: • Monday — Friday: 8:00 a.m. to 4:00 p.m. • Saturday and Sunday: Closed The hours may be modified administratively subject to review and approval by the Community Development Director. (5) 2.3 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. (5) 2.4 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 Exhibit A Resolution 3987 Conditional Use Permit 05-017 Page 3 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. (1) 2.5 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 applicants to prepare a parking demand analysis, traffic study, or noise analysis and the applicants shall bear all associated costs. If said study indicates that there is inadequate parking or a traffic or noise problem, the applicants shall be required to provide mitigation measures to be reviewed and approved by the Community Development Department, Police Chief, and/or Public Works Department. BUILDING (3) 3.1 At the time of building permit application, the plans shall comply with the 2001 California Building Code (CBC), 2001 California Mechanical Code (CMC), 2001 California Plumbing Codes (CPC), 2001 California Electrical Code (CEC), California Title 24 Accessibility Regulations, Title 24 Energy Regulations, City Ordinances, and State and Federal laws and regulations. Building plan check submittal shall include the following: • Seven (7) sets of construction plans, including drawings for mechanical, plumbing and electrical. Two (2) copies of Title 24 energy calculations for any unconditioned space converted to a conditioned space. (3) 3.2 Exiting shall comply with 2001 California Building Code, Chapter 3, Chapter 5, and minimum egress requirements in Table 10A. (3) 3.3 The plans submitted shall indicate that restrooms are accessible to persons with disabilities as per State of California Accessibility Standards (Title 24). Plumbing fixture units are required to comply with the 2001 California Plumbing Code Chapter four (4) Table 4-1 as per type of group occupancy, or as approved by the Building Official. (3) 3.4 Vehicle parking, primary entrance to the building, the primary paths of travel, cashier space, sanitary facilities, drinking fountain, and public telephones shall be accessible to persons with disabilities. (3) 3.5 Prior to issuance of demolition, precise/rough grading, and or building permit with valuation of $50,000 or greater, the applicant shall submit for approval by the City of Tustin, Construction & Demolition (C&D) debris Exhibit A Resolution 3987 Conditional Use Permit 05-017 Page 4 collection, disposal, and diversion information on the City -prescribed forms. (3) 3.6 At least 50 of the construction debris shall be diverted from landfill to the recycling plants. A security deposit in amount of $50 per ton (not to exceed $5,000 per project) for C&D security deposit will be collected prior to issuance the permit. Prior to final inspection, the applicant shall submit to the City of Tustin documents (i.e. receipt from vendor) showing actual weight or volume of each material of C&D diverted to the recycling center. For any questions or concerns please contact Joe Meyers at (714) 573- 3173. (City Ordinance 1281) ORANGE COUNTY FIRE AUTHORITY (OCFA) (5) 4.1 Prior to issuance of a building permit, the applicant shall submit architectural plans for the review and approval of the Fire Chief if required per the "Orange County Fire Authority Plan Submittal Criteria Form." Please contact the OCFA at (714) 573-6100 for a copy of the Site/Architectural Notes to be placed on the Plans prior to submittal. (5) 4.2 Prior to the issuance of a building permit, plans for the fire alarm shall be submitted to the Fire Chief for review and approval. Please contact the OCFA at (714) 573-6100 or visit the OCFA website to obtain a copy of the "Guideline for new and Existing fire Alarm Systems." (5) 4.3 This system shall be operation prior to the issuance of a certificate of use and occupancy. (5) 4.4 Prior to the issuance of a building permit, the applicant shall submit plans for any addition or modification to any existing automatic fire sprinkler system in the structure to the Fire Chief for review and approval. Please contact the OCFA at (714) 573-6100 to request a copy of the "Orange County Fire Authority Notes for NFPA 13 Commercial Sprinkler Systems." FEES (1) 5.1 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.