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Home My WebLink About04 CUP 05-023 ITEM #4 Report to the Planning Commission DATE: AUGUST 22, 2005 CONDITIONAL USE PERMIT 05-023 SUBJECT: PROPERTY OWNER: BREEZY MEADOWS, L.L.C. ATTN: JEFF S. KLEIN 13369 VENTURA BOULEVARD SHERMAN OAKS, CA 91423 KRIS WHITTINGTON/LISA ST. CLARE 624 E. FIRST STREET TUSTIN, CA 92780 APPLICANT: LOCATION: 1631 EDINGER AVENUE, SUITE 201 ZONING: INDUSTRIAL (M) ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO SECTION 15301 (CLASS 1) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. REQUEST: A REQUEST TO ESTABLISH A 2,200 SQUARE FOOT MARTIAL ARTS STUDIO IN A SECOND FLOOR SUITE AT 1631 EDINGER AVENUE, SUITE 201. RECOMMENDATION That the Planning Commission adopt Resolution No. 3985 approving Conditional Use Permit 05-023 to conditionally permit a 2,200 square foot, second floor, martial arts studio at 1631 Edinger Avenue, Suite 201. BACKGROUND Site and Surrounding Properties The site is located at the northeast corner of Edinger and Red Hill Avenues in the Industrial (M) Zoning District. The site surroundings include railroad tracks then a tract of single family dwellings to the north and east, Edinger Avenue then industrially used buildings to the south, and commercial services to the west (Attachment A - Location Map). Planning Commission Report CUP 05-023 August 22, 2005 Page 2 Site History On May 12, 2003, the Planning Commission approved Conditional Use Permit 02-026 and Design Review 02-032 for construction of a 22,028 square foot commercial center and a 75,491 square foot self-storage facility on the subject site. The site is currently under construction. Application Pursuant to Tustin City Code Section 9242b(h), instructional uses such as martial arts studios require a Conditional Use Permit. The Planning Commission must hear the proposal since there are no provisions in the Tustin City Code to allow the Zoning Administrator to act in this matter. Public Noticing A public hearing notice identifying the time, date, and location of the public hearing for the proposal was published in the Tustin News on August 11, 2005. Property owners within 300 feet of the site were notified of the hearing by mail; a hearing sign is posted on the site; and, the hearing was posted at City Hall on August 11, 2005. The applicant was informed of the availability of the agenda and staff report for this item. CONDITIONAL USE PERMIT Project Description The applicant is requesting to establish a martial arts studio for up to two (13) clients and two (2) instructors within a 2,200 square foot space second floor suite located above retail commercial uses. (Attachment B - floor plans) The shell of the building, including the subject suite, is currently under construction and a separate building permit for desired tenant improvements to the suite will be required prior to use initiation. No exterior modifications, with the exception of permitted signage, shall occur to the building. An employee would be located on-site from 12:00 p.m. to 8:00 p.m. daily. Martial arts instruction typically would occur between 3:00 p.m. and 8:00 p.m. Monday through Thursday, 3:00 p.m. to 6:30 p.m. Fridays, 9:00 a.m. to 12:00 p.m. Saturdays, and closed on Sundays. The hours of operation would generally coincide with business hours of other businesses within the center and surrounding vicinity. The proposed project is anticipated to comply with the Tustin Noise Ordinance. Planning Commission Report CUP 05-023 August 22, 2005 Page 3 Parking There will be 124 parking spaces available for all uses within the center. The proposed use would require 8.5 parking spaces based upon a ratio of one (1) parking space for each instructor and one (1) parking space for every two (2) students. As a comparison, office use of the tenant space, which is what was originally envisioned under Conditional Use Permit 02-026 and Design Review 02-032, would require 8.8 parking spaces at a one (1) parking space for every 250 square foot ratio. Therefore, the number of parking spaces for the proposed use would not exceed the number of parking spaces that office use of the space would require. A breakdown of required and provided parking spaces for the center is as follows: Use Area (Square Feet) Parking Ratio Parking Parking Square feet Reauired Provided Retail 9,808 1/200 49 49.04 Office 2,300 1/250 9.2 9.2 Martial Arts 2,200 1 per instructor and 1 8.5 8.5 2 instructors per 2 students 13 students Food 7,900 1 per 3 seats 41 41 (123 seats) Total 22,208 108 108 Caretaker Unit None N/A Self-Storage 75,491 Office - 4 spaces 12 16 1/10,000 of gross floor area of storage use The City's Traffic Engineer has reviewed the project and compared the martial arts studio use to an office occupancy of the tenant space. The Traffic Engineer determined that the use would not likely create any additional trips during the AM peak hour and could generate a total of seven (7) additional net daily trips during the PM peak hour. Overall, the martial arts studio use would add 40 more trips to the site when compared to an office use. However, the Traffic Engineer concluded that the additional trip generation is not anticipated to be significant overall and that there is sufficient capacity to accommodate the proposed use considering the projected traffic on the adjacent street system. Analysis The Community Development Department finds that the project complies with the Tustin City Code and the General Plan as follows: 1) The proposed use, as conditioned, would not be detrimental to surrounding properties in that the use would occur entirely within the building and the number of instructors and clients and scope of operations for the proposed use can be supported by the proposed building and site design, and, as conditioned, would be compatible with the uses on the surrounding properties. Planning Commission Report CUP 05-023 August 22, 2005 Page 4 2) The proposed use is not anticipated to result in parking impacts since the total number of instructors and clients in the classes would be limited to the available on-site parking by providing one (1) space for every instructor and one (1) space per two (2) clients, which is the typical ratio used for instructional schools throughout the City. 3) The proposed use, as conditioned, would not create a noise impact on the surrounding neighborhood since the fitness classes would be limited to indoor only and would comply with the Tustin Noise Ordinance and General Plan Noise Element. 4) The proposed use will not be detrimental to the surrounding properties in that the hours of operation of the classes would be consistent with the general business hours of other businesses within the surrounding vicinity. Should the Planning Commission choose to approve this request, approval may be supported by the above findings. atOM Associate Planner ~uqeJo- Dana Ogdon ~ Assistant Director Attachments: Attachment A - Location Map Attachment B - Submitted Plans Attachment C - Resolution Nos. 3985 S:\Cdd\PCREPORT\2005\CUP OS-O23.doc ATTACHMENT A LOCATION MAP TUSTIN CITY MAP LEGEND -..-..- lUSTIN C'Tn'"'" -..-..- C'TY"";" [0'"'"1 ATTACHMENT B SUBMITTED PLANS ~ tt , " j' ...~ .. ~ ~ '1 ~ ~ I '1 Sq. S;> . A"'a ¡tIt 1;1 ~ CII 1 .. . -. _. . . p'" . .' r--c..j---H;;¡ ..~_.._=.~_._---- "(~)-"--'--'----"'------- \ ; III 1... '.', i 1-----~--"--l ¡ . l..~..,......o,..c...".,'~~.,={,¡'¡. ~.- I ~ ~~c::;=r....,.,':-.:.::-,"'::if.~.-..._-,.n-.~ '-1 1 ,...--\-J I~ "I/f;.--~,J' 'I~ i ,Î \ j ~ ~*::J , I~ I J ~ -\\.JJ'=t' " i I h if ~!i.g i¡~ i~'~ft ~ i 'l., ,~'..<-',\;-~'I' :'1" i III I" i 1 ï.':ii!¡"i'"1 ! 1'.'. I. ! ¡ 'i' ~¡! ' .1 ¡ L..:.=-.:::_:::==_c::d::.::::::C'c::.! -.1 I ' i'. I \ ! ! i I I I I I I ! 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'i ~ ,. ~ '!I L..! õI '.'1 IUD] ~r~;1 ~§ f:Alfr;:nr~,! iibl~ ì 'I ¡Iii ¡III ¡Iii ¡j¡illi ¡¡II,t ~li!I,¡.' ,Ii :i II I .< §,~ I ¡ I ! ! !' I ¡ I' i' i I I I I : II U ¡ I. ' i ! i !I --..". r1 ill i-I I : ¡ I R E D H L L ('T\ r I I , I , I I I I I i I , ¡ , I I , , , I ! eJ -.--- -- -------~----=_:::._--- ~ ~m !h .... :'I..., -- zo> G)~ m :u 0 z C) fT1 ~ :;0 > < f"I'1 Z c fT1 ~~ .~ r ,..... .&.J"'T:>O"".&.LCt:/"t A v E N u "':1'1 E -----~~------------~~Tin ~ ~ ..... " .... :! I C I '. ~~ ... , ~1i I -- -- I ~'" I I ~ \'~ I I ~~ I I I I I ~~ ¡~ ~~ " . " ~ I I '- t í' i5- t 4- 'l !' ~ I/\' ~ fa l: "-A ~ ~ ATTACHMENT C RESOLUTION NO. 3985 RESOLUTION NO. 3985 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 05-023 AUTHORIZING A 2,200 SQUARE FOOT MARTIAL ARTS STUDIO IN A SECOND FLOOR SUITE AT 1631 EDINGER AVENUE, SUITE 201. The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. A proper application, Conditional Use Permit 05-023 was filed by, Kris Whittington and Lisa St. Clare requesting authorization to establish a 2,200 square foot martial arts studio in a second floor suite at 1631 Edinger Avenue, Suite 114. B. The General Plan Industrial land use designation provides for a variety of office, wholesale, manufacturing, storage, sales, and service commercial uses, including instructional facilities. The project is consistent with the Air Quality Sub-element of the City of Tustin General Plan. C. That a public hearing was duly called, noticed, and held for Conditional Use Permit 05-023 on August 22, 2005, 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 of such'proposed use, 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) The proposed use, as conditioned, would not be detrimental to surrounding properties in that the use would occur entirely within the building and the number of instructors and clients and scope of operations for the proposed use can be supported by the proposed building and site design, and, as conditioned, would be compatible with the uses on the surrounding properties. 2) The proposed use is not anticipated to result in parking impacts since the total number of instructors and clients in that the classes would be limited to the available on-site parking by providing one (1) space for every instructor and one (1) space per two (2) clients, which is the typical ratio Resolution No. 3985 Page 2 used for instructional and motivational schools throughout the City. 3) The proposed use, as conditioned, would not create a noise impact on the surrounding neighborhood since the martial arts instruction would be in the building and would comply with the Tustin Noise Ordinance and General Plan Noise Element. 4) E. The proposed use will not be detrimental to the surrounding properties in that the hours of operation of the classes would be consistent with the general operating hours of other businesses within the surrounding vicinity. 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 Conditional Use Permit 05-023 authorizing a 2,200 square foot martial arts studio in a second floor suite at 1631 Edinger Avenue, Suite 201, 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 22nd day of August, 2005. JOHN NIELSEN Chairperson ELIZABETH A. BINSACK Planning Commission Secretary Resolution No. 3985 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. 3985 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 22nd day of August, 2005. ELIZABETH A. BINSACK Planning Commission Secretary GENERAL (1 ) 1.1 (1 ) 1.2 (1 ) 1.3 (1 ) 1.4 (1 ) 1.5 (1 ) 1.6 EXHIBIT A RESOLUTION NO. 3985 CONDITIONAL USE PERMIT 05-023 CONDITIONS OF APPROVAL The proposed project shall substantially conform with the submitted plans for the project date stamped, August 22, 2005, on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Director of Community Development may also approve subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code. 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. All conditions in this Exhibit shall be complied with prior to the start of classes or as specified, subject to review and approval by the Community Development Department. Approval of Conditional Use Permit 05-023 is contingent upon the applicant and property OWAer 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. 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 attorney fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. 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 No. 3985 Page 2 (1 ) 1.7 (***) 1.8 As a condition of approval of Conditional Use Permit 05-023 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. Conditional Use Permit 05-023 may be reviewed annually or more often, if deemed necessary by the Community Development Department, to ensure compatibility with the area and compliance with the conditions contained herein. USE RESTRICTIONS (***) 2.1 (1 ) 2.2 (***) 2.3 FEES (2) 3.1 The maximum number of clients and instructors within the facility shall be two (13) clients and two (2) instructors based upon the available amount of parking in the center, at a ratio of one (1) parking space per instructor and one (1) parking space for every two (2) clients. Any request to increase student and/or instructor numbers shall require the project proponent to provide property owner permission, a parking summary of the center showing surplus parking spaces exist, and shall be subject to the Community Development Director approval. The maximum occupant load permitted by CUP 05-023 shall be posted on the wall by the exit door in a conspicuous location and may not exceed posted occupant load at any time. The hours of operation for martial arts instruction may be from 3:00 p.m. to 8:00 p.m. Monday through Thursday, 3:00 p.m. to 6:30 p.m. Fridays, 9:00 a.m. to 12:00 p.m. Saturdays, and closed on Sundays. Any change to the schedule of classes shall be reviewed by the Community Development Department and may be approved if no adverse impacts are anticipated. Each class shall be concluded to provide sufficient time for attendees of the prior class to vacate the site prior to arrival of attendees of the next class. 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 Exhibit A Resolution No. 3985 Page 3 ($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.