HomeMy WebLinkAboutZAA 20-001 ZONING ADMINISTRATOR ACTION 20-001
CONDITIONAL USE PERMIT 2019-00023
15042 PARKWAY LOOP, SUITE C
The Zoning Administrator of the City of Tustin does hereby resolve as follows:
I. The Zoning Administrator finds and determines as follows:
A. That a proper application for Conditional Use Permit (CUP) 2019-00023 was
fled by Sandra Orozco on behalf of Touch N Go Soccer Academy,
requesting authorization to establish and operate an indoor soccer training
facility located within an existing 6,958 square-foot tenant space located at
15042 Parkway Loop, Suite C, in the Tustin Business Park.
B. That the property is zoned Industrial (M) and has a General Plan land use
designation of Industrial (1) which provide a variety of industrial and
commercial service uses including schools for professional, instructional,
motivational, vocational and/or seminar uses with approval of a CUP. The
project is consistent with the Air Quality Sub-element of the City of Tustin
General Plan.
C. That in accordance with Tustin City Code (TCC) Section 9299b3(f), the
Zoning Administrator is authorized to consider minor conditional use
permits for existing development where there would be no change of
primary use, there would be no expansion of floor area, and the request
would not alter the original intent of the project or site.
D. That a public hearing was duly called, noticed, and held for CUP 2019-
00023 on February 6, 2020, by the Zoning Administrator.
E. That the establishment, maintenance, and operation of the proposed indoor
soccer ,training facility 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 a detriment to the property and improvements in the neighborhood of the
subject property, nor to the general welfare of the City of Tustin as
evidenced by the following findings:
1) The Industrial (M) District allows industrial uses such as
manufacturing, assembly, warehousing, laboratories, and other
light industrial uses. Uses such as offices and other support
commercial uses, including instructional schools, are conditionally
permitted subject to the approval of a CUP. The proposed indoor
soccer training facility is similar to an instructional school in that the
proposed use operates in the same manner as other instructional
uses whereby multiple students are taught by an instructor and that
the traffic and parking needs are similar with such use.
Zoning Administrator Action 20-001
Conditional Use Permit 2019-00023
Page 2
2) The proposed indoor soccer training facility is located in a large
multi-tenant industrial office complex and potential conflicts
between the use and other tenants is not anticipated because
adequate parking is provided, and the conditions to be imposed.
As conditioned, the number of occupants, types of activities and
hours of operation would be compatible with the neighboring light
industrial and office uses, and the applicant would be required to
notify the City of any changes to the use of the facility.
3) As conditioned, the proposed use would not result in any parking
impacts because allotted parking spaces :for the tenant space
exceed the maximum number of spaces required for the proposed
instructional studio with twelve (12) students and two (2)
instructors. In addition, a transition period would be provided
between training sessions. Any increase in number of students
and/or instructors would require approval by the Director of
Community Development.
4) As conditioned, no noise impacts are anticipated in that all training
activities shall be conducted entirely within the building and would
be required to comply with the City's Noise Ordinance.
5) As conditioned, CUP 2019-00023 may be reviewed by the
Community Development ' Director, if necessary, to ensure
compatibility with surrounding uses. If the use is not operated in
accordance with CUP 2019-00023, or is found to be a nuisance or
negative impacts ' are affecting the surrounding uses, the
Community Development Director would have the authority to
impose additional conditions to eliminate the nuisance or negative
impacts or may initiate proceedings to revoke the CUP.
6) The proposed use would not have any aesthetic impacts to the
area since no exterior modifications are proposed.
7) The applicant understands that the Industrial (M) zoning of the
property allows uses such as manufacturing, assembly,
warehousing, laboratories, and other light industrial uses and does
not object to these more intensive uses operating in close proximity
to the training facility.
8) The City's Public Works Department, Police Department and
Building Division have reviewed and support the development of
the proposed project, as conditioned.
Zoning Adrnintrator Action 20-001
Conditional Use Permit 2019-00023
Page 3
F. That this project is categorically exempt pursuant to Section 15301, ('Class
1 — Existing Facilities) of Title 14, Chapter 3 of the California Code of
Regulations (Guidelines for the Cailifornia Environmental Quality Act) in
that the project site is an existing facility and involves no expansion of an
existing industrial office center.
11. The Zoning Administrator hereby adopts, Zoning Administrator Action No. 20-001
approving CUP 2019-00023, authorizing the establishment and operation of an
indoor soccer training facility located within an existing 6,958 square-foot tenant
space located at 15042 Parkway Loop,, Suite C, subject to the conditions
contained within Exhibit A attached hereto.
PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular
meeting held on the 6th day of February, 2020.
ELIZABETH A. BINSACK
ZONING ADMINISTRATOR
VERA)ItCMM�
RECORDING SECRETARY
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OFTUSTIN
i
1, Vera Ti�scareno, 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.
20-001 passed and adopted at a regular meeting of the Tustin Zoning Administrator, held
on the 601 day of February, 2020.
VERA)),§eA,RItf46"W\I
RECORDING SECRETARY
EXHIBIT A
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT 2019-00023
15042 Parkway Loop, Suite C
GENERAL
{1) 1.1 The proposed project shall substantially conform with the submitted
plans for the project date stamped February 6, 2020 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
(TCC).
(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 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) 1.4 Approval of Conditional Use Permit (CUP) 2019-00023 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 issuance of an
administrative citation pursuant to TCC 1162(a).
SOURCE CODES
(1) STANDARD CONDITION (5) RESPONSIBLEAGENCY REQUIREMENTS
(2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES
(3) UNIFORM BUILDING CODEIS (7) PCICC POLICY
(4) DESIGN REVIEW EXCEPTIONS
Zoning Administrator Action 20-001
Conditional Use Permit 2019-00023
Exhibit A
Page 2
(1) 1.6 The applicant shall be responsible for costs associated with any
necessary code enforcement action, including attorney's fees, subject to
the applicable notice, hearing, and appeal process as established by the
City Council by ordinance.
(1) 1.7 CUP 2019-00023 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. If the use is not operated in accordance with the
conditions of approval or is found to be a nuisance or negative impacts
are affecting the surrounding tenants or neighborhood, the Community
Development Director may impose additional conditions to eliminate the
nuisance or negative impacts, or may initiate proceedings to revoke the
CUP.
(1) 1.8 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 applicant prepare a
parking demand analysis, traffic study, or noise analysis and the
applicant shall bear all associated costs. If said study indicates that
there is inadequate parking or a traffic or noise problem, the applicant
shall be required to provide measures to be reviewed and approved by
the Community Development Department, Police Chief, and/or Public
Works Department. Said mitigation measures may include, but are not
limited to, the following:
a) Establish alternative hours of operation,
b) Reduce client enrollment,
c) Provide additional parking, or
d) Provide noise attenuation improvements.
(1) 1.9 As a condition of approval of CUP 2019-00023, 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.
Zoning Administrator Action 20-001
Conditional Use Permit 2019-00023
Exhibit A
Page 3
USE RESTRICTIONS
(1) 2.1 The hours of operation for the business shall be as follows:
Moriday-Friday: 3:00 p.m. to 9:00 p.m.
Saturday-Sunday 7:00 a.m. to 6:00 p.m.
Modifications to the hours of operation may be approved by the Director
of Community Development if it is determined that no impacts to
surrounding tenants or properties will occur.
(1) 2.2 Only one (1) class may be in session at a time and is limited to a
maximum of twelve (12) students and two (2) instructors per class. Any
changes to class size may be approved by the Director of Community
Development if it is determined that there is sufficient parking to
accommodate the class size.
(1) 2.3 Each class shall be concluded at least fifteen (15) minutes prior to the
following class in order to provide sufficient time for attendees of the
prior class to vacate the site prior to arrival of attendees of the next
class.
(1) 2.4 All activities shall be located within the enclosed building. No
congregation and/or loitering in the parking area or walkways are
allowed in association with the use.
(1) 2.5 No sporting events, competitions or special events shall occur without
the issuance of a Temporary Use Permit by the Community
Development Director.
(1) 2.6 All business activities shall comply with the City's Noise Ordinance.
(1) 2.7 No change or alteration of the tenant space shall occur without prior
approval of the Community Development Director. Major modifications
to the floor area, services, and/or operation of the business may require
consideration of a new conditional use permit by either the Zoning
Administrator or the Planning Commission.
(1) 2.8 No signs or other forms of advertising or attraction may be placed on-
site without approval from the Community Development Department
(1) 2.9 If the use authorized by CUP 2019-00023 is discontinued for one (1)
year, then it shall be conclusively presumed that such use has been
abandoned and CUP will be deemed expired.
Zoning Administrator Action 20-001
Conditional Use Permit 2019-00023
Exhibit A
Page 4
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 fifty
dollars ($50.00) 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.