HomeMy WebLinkAboutCUP 05-024
Inter-Com
DATE:
OCTOBER 10, 2005
ZONING ADMINISTRATOR
TO:
FROM:
COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT:
CONDITIONAL USE PERMIT 05-024
PROPERTY
OWNER:
APPLICANT:
BREEZY MEADOWS, L.L.C.
ATTN: JEFF S. KLEIN
13369 VENTURA BOULEVARD
SHERMAN OAKS, CA 91423
HONORS REVIEW TUTORING FACILITY
21 ARGOS
LAGUNA NIGUEL, CA 92677
ATTN: NANCY HAN
LOCATION:
1631 EDINGER AVENUE, SUITE 202
INDUSTRIAL (M)
ZONING:
ENVI RONMENT AL
STATUS:
THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1)
PURSUANT TO THE PROVISIONS OF SECTION 15301 OF
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.
REQUEST:
ESTABLISH AN AFTER SCHOOL TUTORING FACILITY FOR
GRADES 4 THROUGH 11 WITHIN AN APPROVED RETAIL
CENTER.
RECOMMENDATION
That the Zoning Administrator adopt Zoning Administrator Action No. 05-020 approving
Conditional Use Permit 05-024.
BACKGROUND
The applicant is requesting approval to establish an after school tutoring facility for
Grades 4 through 11 within an approved retail center at 1631 Edinger Avenue, Suite 202.
(Attachment A - Location Map). The subject property is located within the Industrial (M)
Zoning Administrator Report
CUP 05-024
Page 2
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zoning district where instructional schools are conditionally permitted per Tustin City Code
Section 9242(b)(h).
Site and Surrounding Properties
The site is located at the northeast corner of Edinger and Red Hill Avenues. 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). 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.
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 September 29, 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 September 29,2005. The
applicant was informed of the availability of the agenda and staff report for this item.
DISCUSSION
Project Description
The applicant proposes to operate the office headquarters for Honors Review Tutoring
from 11 :00 a.m. to 4:00 p.m., and individual and group tutoring sessions for students in
grades 4 through 11 during the evenings as follows:
USE TIME PERIOD - Monday - Friday TOTAL OCCUPANTS
(Closed Saturday & Sund~y)
Group Study Sessions with No instructors
4 students per class 4:00 - 5:30 p.m. (90 minutes each) 8 students
(2 classes)
Group Study Sessions with No instructors
4 students per class 6:30 - 8:00 p.m. (90 minutes each) 8 students
(2 classes)
One-on-one study sessions 2 instructors
1 student/1 instructor per class 4:00 - 4:45 p.m. (45 minutes each) 2 students
(2 classes)
One-on-one study sessions 2 instructors
1 student/1 instructor per class 5:00 - 5:45 p.m. (45 minutes each) 2 students
(2 classes)
One-on-one study sessions 2 instructors
1 student/1 instructor per class 6:00 - 6:45 p.m. (45 minutes each) 2 students
(2 classes)
One-on-one study sessions 2 instructors
1 student/1 instructor per class 7:00 - 7:45 p.m. (45 minutes each) 2 students
(2 classes)
Zoning Administrator Report
CUP 05-024
Page 3
The tenant space is located on the second floor, accessed via two (2) stairways, and is
divided into eleven (11) rooms (Attachment B - Submitted Plans). Nine (9) of the rooms
would be used for office and two (2) would be used for associated storage during the
daytime, and only four (4) rooms would be used during the evening for tutoring: two (2)
group study rooms and two (2) one-on-one study rooms per Condition 2.1; the offices will
not be used while the study rooms are being used.
Parking
There will be 124 parking spaces available for all uses within the center and as originally
envisioned per CUP 02-026 and Design Review 02-032, the subject tenant space would
require 9.6 parking spaces at a ratio of one (1) parking space for every 250 square foot of
office area within the 2,387 square foot tenant space. The proposed use would also
require a maximum of 9.6 parking spaces based upon either the entire 2,387 square foot
tenant space used as office during the daytime, or with the maximum combination of
students and instructors being limited based upon the ratio of one (1) space per two (2)
students and one (1) space per instructor (Attachment C - Parking Summary). Since the
applicant is proposing a maximum of ten (10) students and two (2) instructors at any given
time, the number of parking spaces for the proposed use would not exceed the number of
parking spaces that an office use of the space would require.
A breakdown of required and provided parking spaces for the center is as follows:
Use Area Parking Ratjo pa,rking fJår/{irJg
rSCI(lareFeet) ReCIuired PiÒvided
Retail 9,808 1/200 49 49.04
Tutoring Facility 2,387 (See Attachment C) 9.6 9.6
Martial Arts 2,200 1 per instructor and 1 8.5 8.5
2 instructors per 2 students
13 students
Food 7,900 1 per3 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 tutoring facility to
office occupancy of the tenant space. The Traffic Engineer determined that the use could
create five (5) additional trips during the AM peak hour and could generate a total of
sixteen (16) additional net daily trips during the PM peak hour. 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.
Zoning Administrator Report
CUP 05-024
Page 4
ANAL YSIS
In determining whether to approve the Conditional Use Permit, the Zoning Administrator
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 may be
supported by the following findings:
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 tutoring sessions, based upon a maximum of ten (10) students
and two (2) instructors, can be accommodated by the existing number of parking
spaces required for the approved office given the office and tutoring facility will
not function concurrently.
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)
The tutoring facility would generally operate from 11 :00 a.m. to 8:00 p.m.,
Monday through Friday, closed Saturday and Sunday which is consistent with the
hours of operation for other commercial uses in the area and compatible with
nearby residential uses.
lJfdf;wuJ-
Matt West
Associate Planner
Attachments:
A. Location Map
B. Submitted Plans
C. Parking Summary
D. ZA Action 05-020
(~-'
S:\Cdd\ZAREPORT\2005\CUP 05-024 (Tutoring Facility).doc
ATTACHMENT A
Location Map
CONDITIONAL USE PERMIT 05-024
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Location:
1621 Edinger Avenue, Suite 202
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Request:
A request by Nancy Han, on behalf of
Honors Review Tutoring Center, for
authorization to establìsh an after school
tutoring facility for Grades 4 through 11
within an approved retail center.
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ATTACHMENT B
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ATTACHMENT C
Parking Summary
Honors Review Tutoring Facility
(CUP 05-024) 1631 Edinger Avenue, Suite 202 "Building Use and Parking Summary"
Parking Requirements by Time of Day
. S.F./# of TCC Parking 11:00 a.m. to 4:00 p.m.to 5:00 p.m.to 6:00 p.m.to 7:00 p.m.to
use. . TIme. Students Reauirement 4:00 p.m. 4:4~p.m 5:45 p.m 6:45 p.m 8:00 p.m
Total Required Spaces: 9,6 7 7 7 7
Updated: 101
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ATTACHMENT D
Zoning Administrator Action 05-020
ZONING ADMINISTRATOR ACTION 05-020
CONDITIONAL USE PERMIT 05-024
1621 EDINGER AVENUE, SUITE 202
The Zoning Administrator of the City of Tustin does hereby resolve as follows:
I.
The Zoning Administrator finds and determines as follows:
0,
A.
B.
C.
3)
A proper application, Conditional Use Permit 05-024 was filed by
Nancy Han, on behalf of Honors Review Tutoring Facility,
requesting authorization to establish an after school tutoring facility
for Grades 4 through 11 within an approved retail center at 1631
Edinger Avenue, Suite 202,
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,
That a public hearing was duly called, noticed, and held for
Conditional Use Permit 05-024 on October 10, 2005, by the Zoning
Administrator.
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 tutoring sessions, based upon a maximum of
ten (10) students and two (2) instructors, can be
accommodated by the existing number of parking spaces
required for the approved office given the office and tutoring
facility will not function concurrently.
The proposed use, as conditioned, would not create a noise
impact on the surrounding neighborhood since the martial arts
Zoning Administrator Action 05-020
October 10, 2005
Page 2
instruction would be in the building and would comply with the
Tustin Noise Ordinance and General Plan Noise Element.
4)
The tutoring facility would generally operate from 11 :00 a,m.
to 8:00 p,m" Monday through Friday, closed Saturday and
Sunday which is consistent with the hours of operation for
other commercial uses in the area and compatible with
nearby residential uses.
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 Conditional Use Permit 05-024
authorizing an after school tutoring facility for Grades 4 through 11 within an
approved retail center at 1631 Edinger Avenue, Suite 202, attached hereto.
PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular
meeting held on the 10th day of October, 2005.
DANA OGDON
ACTING ZONING ADMINISTRATOR
ELOISE HARRIS
RECORDING SECRETARY
STATE OF CALIFORNIA)
COUNTY OF ORANGE)
CITY OF TUSTIN )
I, ELOISE HARRIS, the undersigned, hereby certify that I am the Recording Secretary of
the Zoning Administrator of the City of Tustin, California; that Zoning Administrator Action
No. 05-020 passed and adopted at a regular meeting of the Tustin Zoning Administrator,
held on the 10th day of October, 2005,
ELOISE HARRIS
RECORDING SECRETARY
EXHIBIT A /
,
ZONING ADMINISTRATOR 05-020
CONDITIONAL USE PERMIT 05-024
CONDITIONS OF APPROVAL
GENERAL
(1) 1.1 The proposed project shall substantially conform with the submitted plans
for the project date stamped October 10, 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.
(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 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.
(1) 1.4 Approval of Conditional Use Permit 05-024 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 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 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
ZA Action 05-020
Page 2
(1 )
1.7
(***)
1.8
As a condition of approval of Conditional Use Permit 05-024 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 05-024 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
The maximum number of students and instructors and number and hours of
classes within the facility shall be as follows:
TIME PERIOD
USE Monday - Friday TOTAL
(Closed Saturday & OCCUPANTS
Sunday)
Group Study Sessions with 4 students 4:00 - 5:30 p.m. No instructors
per class
(2 classes) (90 minutes each) 8 students
Group Study Sessions with 4 students 6:30 - 8:00 p.m. No instructors
per class
(2 classes) (90 minutes each) 8 students
One-on-one study sessions 4:00 - 4:45 p.m. 2 instructors
1 student/1 instructor per class
(2 classes) (45 minutes each) 2 students
One-on-one study sessions 5:00 - 5:45 p.m. 2 instructors
1 student/1 instructor per c1ass
(2 classes) (45 minutes each) 2 students
One-on-one study sessions 6:00 - 6:45 p.m. 2 instructors
1 student/1 instructor per class
(2 classes) (45 minutes each) 2 students
One-on-one study sessions 7:00 - 7:45 p.m. 2 instructors
1 student/1 instructor per class
(2 classes) (45 minutes each) 2 students
No rooms may be used as offices during the same times the tutoring facility
is in operation, Any request to modify the number or times of classes or
number of student and/or instructor numbers shall require the project
Exhibit A
ZA Action 05-020
Page 3
(1 )
(1 )
(1 )
(1 )
BUILDING
(1 )
3.1
3.2
3.3
3.4
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 05-024 shall be posted on the wall by the exit door in a
conspicuous location and may not exceed posted occupant load at any time.
2.2
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.
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.
.
Note on plans that no field changes shall be made without prior
approval from the Building Official and architect or engineer of
record,
Review 2001 California Building Code chapter 3, chapter 5, and minimum
egress requirements in Table 10A.
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.
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
collection, disposal, and diversion information in the City-prescribed forms,
At least 50 percent 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.
Exhibit A
ZA Action 05-020
Page 4
For any questions or concerns, please contact Joe Meyers at (714) 573-
3173, (City Ordinance 1281)
ENGINEERING
(1 )
FEES
(2)
4.1
The City of Tustin is required to comply with the recycling requirements
contained in the California Integrated Waste Management Act of 1989. To
facilitate City compliance with the is law, the Project Applicant is required to
comply with Section 4327 of the Tustin City Code which details requirements
for developing and implementing a Waste Management Plan.
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.