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HomeMy WebLinkAboutZAA 21-011 ZONING ADMINISTRATOR ACTION 21-011 USE DETERMINATION 2021-0002 CONDITIONAL USE PERMIT 2021-0016 2681 WALNUT AVENUE 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 Use Determination (UD) 2021.0002 and Conditional Use Permit (CUP) 2021-0016 was filed by Brian Kim of Kairos University, to determine that a religious educational use is a conditionally permitted use within the Irvine Industrial Complex Planned Community, and to establish a religious educational use within the office space of an existing self-storage facility located at 2681 Walnut Avenue. B. That the property is designated as Planned Community Commercial/Business (PCCB) by the Tustin General Plan, is zoned Planned Community Industrial (PC- IND), and is within the Irvine Industrial Complex Planned Community, which allows a variety of uses including manufacturing, assembly, warehousing, laboratories, offices, and support commercial uses. C. That a religious educational use is not a listed permitted or conditionally permitted use within the Irvine Industrial Complex Planned Community (PC) District Regulations. The Community Development Director may make a use determination as to whether the proposed use is similar to other permitted and/or conditionally permitted uses pursuant to Tustin City Code (TCC).Section 9298, but has referred this determination to the Zoning Administrator to review concurrently with the CUP. D. That in accordance with TCC Section 9299b3(f), the Zoning Administrator is authorized to consider minor CUPs for existing developments where there would be no change in primary use, no expansion of floor area, and the,request would not alter the original intent of the project or site. E. That a public hearing was duly called, noticed, and held for UD 2021-0002 and CUP 2021-0016 on November 18, 2021, by the Zoning Administrator. F. 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; the location, size, architectural features and general appearance of the proposed development will not impair the orderly and harmonious development of the area, the present or future development therein, the occupancy thereof, or the community as a whole of the City in that: i Zoning Administrator Action 2021-011 UD 2021-0002, CUP 2021-0016 November 18, 2021 I�I Page 2 1 1) The Irvine Industrial Complex PC District Regulations allow a variety of uses including manufacturing, assembly, warehousing, laboratories, offices, and support commercial uses. The proposed religious educational use would operate similarly to instructional uses which are conditionally permitted in the "PR" (Professional) District. 2) No impacts to residential properties or other sensitive uses are anticipated as the project site is predominantly surrounded by commercial and industrial uses. 3) As conditioned, the proposed use would be compatible with the surrounding commercial and industrial uses. The applicant would be required to notify and receive approval from the Community Development Director prior to any proposed changes to the operation or use of the facility. 4) The facility is a standalone light industrial building with independently accessible office space and its own parking lot. As conditioned, the proposed use would not result in any parking impacts based on the operationally based parking requirements for instructional uses, which require one (1) parking space per staff/instructor, and one (1) parking space per three (3) students. Based on the'operations described in the staff report, the proposed use would require less parking than its prior use as an administrative office. As conditioned, the applicant would be required to notify and receive approval from the Community Development Director prior to changing the operation or use of the facility, therefore no parking impacts are anticipated. 5) As conditioned, no noise impacts are anticipated in that all activities would be required to comply with the City's Noise.Ordinance. 6) As conditioned, CUP 2021-0016 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 the conditions of approval provided herein, or is found to be a nuisance or cause negative impacts to surrounding uses, the Community Development Director has the authority to impose additional conditions to eliminate the nuisance or negative impacts or may initiate proceedings to revoke the CUP. 7) The City's Police Department, Public Works Department, and Building Division have reviewed the application and have no immediate concerns. G. This project is Categorically Exempt pursuant to Section 15301 (Class 1) of the California Code of Regulations (Guidelines for the California Environmental Quality Act). l' Zoning Administrator Action 2021-011 UD 2021-0002, CUP 2021-0016 November 18, 2021 Page 3, 11. The Zoning Administrator hereby approves UD 2021-0002 and CUP 2021-0016 determining that a religious educational use is, a conditionally permitted use within the Irvine Industrial Complex Planned Community, and establishing a religious educational use within the office space of an existing self-storage facility located at 2681 Walnut Avenue, 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 on the 188th day of November, 2021. JUISTI KA L. WILLKOO M ZONING ADMINISTRATOR VERA HORTAdd RECORDING SECRETARY STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN 1, VERA HURTADO, 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. 202.1-011 passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 18th day of November, 2021. VERA H)XtKbb RECORDING SECRETARY i EXHIBIT A DRAFT CONDITIONS OF APPROVAL USE DETERMINATION 2021-0002 CONDITIONAL USE PERMIT 2021-0016 2681 WALNUT AVENUE GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped November 18, 2021, on file with the Community Development Department, as herein modified, or as modified by the Community Development Director in accordance with this Exhibit. (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 Use Determination 2021-0002 and Conditional Use Permit (CUP) 2021-0016 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 Comm unity'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) PC/CC POLICY (4) DESIGN REVIEW *' EXCEPTIONS i i Conditions of Approval UD-2021-0002; CUP-2021-0016 i November 18, 2021 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 2021-0016 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 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 and the applicant shall bear all associated costs. If said study indicates that there is inadequate parking, 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) Limit the number of people in the facility at any given time, or c) Provide additional parking. (1) 1.9 As a condition of approval of CUP 2021-0016, 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. I Conditions of Approval UD-2021-0002; CUP-2021-0016 ' November 18, 2021 Page 3 USE RESTRICTIONS (1) 2.1 A maximum of twenty-three (23) people, inclusive of up to eight (8) administrative or teaching staff and fifteen (15) students, shall occupy the educational facility at any given time .based on the operations letter and parking summary provided. Should additional capacity be proposed, the applicant must submit an updated parking summary and operations letter to the Community Development Department for review and approval prior to the commencement of the modified operation. (1) 2.2 The hours of operation shall be limited to 8 a.m. to 9 p.m., Monday through Saturday. The Community Development Director may approve a request. to modify the days and hours of operation if they are deemed compatible with the surrounding area. (1) 2.3 All activities shall be located entirely within the enclosed building. No loitering shall be allowed in the parking area or walkways in association with the use. (1) 2.4 No signs or other forms of advertising or attraction may be placed on the site without approval from the Community Development Department. (1) 2.5 No change or alteration of the tenant space shall occur without prior approval of the Community Development Department. Major modifications to the floor area, services, and/or operation of the business may require consideration of a new Conditional Use Permit. 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. I I 3 s