HomeMy WebLinkAboutCUP 06-014
Inter-Com
DATE: OCTOBER 9, 2006
TO: ZONING ADMINISTRATOR
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: CONDITIONAL USE PERMIT 06-014
PROPERTY
OWNER: SIDNEY MIRRAFATI
MIRA PROPERTIES, LLC.
1101 BRYAN AVENUE #G
TUSTIN, CA 92780
APPLICANT: TUTORWHIZ, INC.
DRS. NAREN AND ANNE MEHTA
P.O. BOX 746
PLACENTIA, CA 92871
LOCATION: 740 EL CAMINO REAL
ZONING: CENTRAL COMMERCIAL (C-2), WITH COMBINING PARKING
DISTRICT (P)
ENVIRONMENTAL
STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1)
PURSUANT TO THE PROVISIONS OF SECTION 15301 OF
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.
REQUEST: TO ESTABLISH A TUTORING AND COUNSELING FACILITY
WITHIN AN EXISTING OFFICE BUILDING
RECOMMENDATION
That the Zoning Administrator adopt Zoning Administrator Action No. 06-007 approving
Conditional Use Permit 06-014.
BACKGROUND
The applicant is requesting approval to establish a tutoring and counseling facility and
associated administrative offices in a stand-alone building located at 740 EI Camino Real
(Attachment A - Location Map). The subject property is located within the Central
Commercial (C-2) zoning'district, where schools are conditionally permitted per Tustin City
Zoning Administrator Report
CUP 06-014
Page 2
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Code Section 9233(c)(e). The General Plan Designation is Old Town Commercial, which
allows for retail, professional office, and service-oriented business activities to serve Old
Town and surrounding areas. On September 18, 2006, the City Council adopted
Ordinance No. 1317 authorizing the Zoning Administrator to consider office uses on the
ground floor within the C-2 zoning district. This ordinance will become effective on
October 18, 2006.
Site and Surrounding Properties
The site is located at the V-intersection of EI Camino Real and EI Camino Way. The
site surroundings include retail and commercial uses on all sides. EI Camino Plaza is
located at the West, Tustin Motor Lodge and Makena Square to the South, Galaxy
Automotive to the North, and a retail strip center to the East.
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 28, 2006. 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 28, 2006.
DISCUSSION
Project Description
The proposed site is improved with an existing single-story, 1,757 square foot office
building that was constructed in 1972. The applicant proposes to operate the office
headquarters for Tutorwhiz, Inc. at the site, which will include corporate bookkeeping and
payroll, hiring interviews, and staff training. The primary use will consist of academic
preparation programs for children (Grades 2 - 12), and adults (I.e., CBEST preparation).
Diagnostic testing and marriage and family counseling will also be conducted at the center.
The applicant proposes to operate the office and classroom spaces as follows:
USE HOURS OF OPERATION
Diagnostic Testing 11 :00 a.m. - 2:00 p.m.
Marriage and Family Counseling 2:00 p.m. - 7:00 p.m.
Corporate Bookkeeping and 11 :00 a.m. - 5:00 p.m.
Payroll
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Zoning Administrator Report
CUP 06-014
Page 3
Hiring Interviews and Staff Training 11 :00 a.m. - 2:00 p.m.
Curriculum Prep For Other Centers 11 :00 a.m. - 5:00 p.m.
Academic Prep (Adult) 5:00 p.m. - 7:00 p.m. & Saturday
10:00 a.m. - 12:00 p.m.
Academic Prep (Grades 2- 12) 5:00 p.m. - 7:00 p.m. & Saturday
10:00 a.m. -12:00 p.m.
Retail Sales (Books and 11 :00 a.m. - 7:00 p.m. & Saturday
educational CDs) 10:00 a.m. -12:00 p.m.
The tenant space is divided into five (5) classrooms, three (3) offices, two restrooms (2),
one (1) reception, and one (1) waiting area (Attachment B - Submitted Plans).
Parking and Traffic
There are a total of eight (8) proposed parking spaces at the site, including one (1)
handicap space and adjacent loading zone. Off-street parking requirements have been
calculated using the following ratios: one (1) space per staff member, one (1) space per
two (2) adults, and one (1) space per eight (8) children. The applicant has indicated that
there would be a maximum of four (4) instructors on-site at any given time. The permitted
occupancy of the building has been determined based on the amount of available
parking. Based on the proposed on-site parking, this would allow for a total occupancy at
any given time of:
. 4 instructors AND 32 children; OR
. 4 instructors AND 8 adult students; OR
. A combination thereof using the above ratios.
Therefore, a condition has been included that ensures the occupancy of the building may
at no time exceed a total of 36 persons (4 adults and 32 children or 4 adults and 8 adult
students).
The City's Traffic Engineer has reviewed the project and completed a traffic analysis
calculation. The Traffic Engineer has determined that the use could create one (1)
additional trip end during the AM peak hour and could generate a total of nineteen (19)
additional net daily trip ends during the PM peak hour. However, the Traffic Engineer
concluded that no significant AM and limited PM peak hour net changes are anticipated.
Based upon the projects anticipated, traffic generation, and the adjacent street system
design, there is sufficient street capacity to accommodate the proposed project.
Zoning Administrator Report
CUP 06-014
Page 4
ANALYSIS
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 would be compatible with
the uses on the surrounding properties.
2) The proposed tutoring sessions, based upon a maximum of four (4) instructors
and eight (8) adult students, or thirty-two (32) children students, can be
accommodated by the existing number of parking spaces required for the
approved use.
3) As conditioned, a maximum occupant load of thirty-six (36) persons has been
determined to be consistent with the California Building Code related to
accessibility requirements.
4) As conditioned, the proposed use would not create a noise impact on the
surrounding neighborhood since the instruction would be entirely within the
building and would comply with the Tustin Noise Ordinance.
5) The tutoring facility would generally operate from 11 :00 a.m. to 7:00 p.m.,
Monday through Thursday, 9:00 a.m. to 12:00 p.m. on Saturday, and close
Friday and Sunday, which is consistent and compatible with the hours of operation
for other commercial uses in the area.
~~~/;J
Reina Kapadia
Assistant Planner
Attachments:
A. Location Map
B. Submitted Plans
C. ZA Action 06-007
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S:\CddIZAREPORT\2006\CUP 06-014 (Tutorwhiz).doc
ATTACHMENT A
Location Map
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ATTACHMENT C
Zoning Administrator Action 06-007
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ZONING ADMINISTRATOR ACTION 06-007
CONDITIONAL USE PERMIT 06-014
740 EL CAMINO REAL
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 06-014 was
filed by Dr. Naren and Dr. Anne Mehta, on behalf of Tutorwhiz, Inc.,
requesting authorization to establish a tutoring and counseling facility
including associated administrative offices for children and adults in a
stand-alone building at 740 EI Camino Real.
B. That the proposed land use is consistent with the Tustin City Code
and General Plan. The site is zoned Central Commercial (C-2) and
the land use is designated by the General Plan as Old Town
Commercial, which provides for a variety of public, institutional,
retail, office, and commercial uses, including instructional facilities.
The project is consistent with the Air Quality Sub-element of the City
of Tustin General Plan.
C. That the City Council adopted Ordinance No. 1317 authorizing the
Zoning Administrator to consider office uses on the ground floor with
the approval of a Conditional Use Permit.
D. That a public hearing was duly called, noticed, and held for
Conditional Use Permit 06-014 on October 9, 2006, by the Zoning
Administrator.
E. 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 would be compatible with the uses on
the surrounding properties.
2) The proposed tutoring sessions, based upon a maximum of four (4)
instructors and eight (8) adult students, or thirty-two (32) children
students, can be accommodated by the existing number of parking
spaces required for the approved use.
Zoning Administrator Action 06-007
October 9,2006
Page 2
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3) As conditioned, a maximum occupant load of thirty-six (36) persons
has been determined to be consistent with the California Building
Code related to accessibility requirements.
4) As conditioned, the proposed use would not create a noise impact
on the surrounding neighborhood since the instruction would be
entirely within the building and would comply with the Tustin Noise
Ordinance.
5) The tutoring facility would generally operate from 11 :00 a.m. to 7:00
p.m., Monday through Thursday, 9:00 a.m. to 12:00 p.m. on
Saturday, and be closed Friday and Sunday, which is consistent
and compatible with the hours of operation for other commercial
uses in the area.
F. 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 Zoning Administrator hereby approves Conditional Use Permit 06-014
authorizing a tutoring and counseling facility for children and adults along with
its associated offices in a stand-alone building at 740 EI Camino Real,
subject to conditions attached hereto.
PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular
meeting held on the 9th day of October, 2006.
DANA OGDON
ACTING ZONING ADMINISTRATOR
ELOISE HARRIS
RECORDING SECRETARY
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Zoning Administrator Action 06-007
October 9, 2006
Page 3
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. 06-007 was passed and adopted at a regular meeting of the Tustin Zoning
Administrator, held on the 9th day of October, 2006.
ELOISE HARRIS
RECORDING SECRETARY
EXHIBIT A
ZONING ADMINISTRATOR 06-007
CONDITIONAL USE PERMIT 06-014
CONDITIONS OF APPROVAL
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GENERAL
(1) 1.1 The proposed project shall substantially conform with the submitted plans
for the project date stamped October 9, 2006, 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 06-014 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 CODEfS
(4) DESIGN REVIEW
... EXCEPTIONS
(5)
(6)
(7)
RESPONSIBLE AGENCY
REQUIREMENTS
LANDSCAPING GUIDELINES
PC/CC POLICY
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Exhibit A
ZA Action 06-007
Page 2
(1) 1.7 As a condition of approval of Conditional Use Permit 06-014 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.
(***) 1.8 Conditional Use Permit 06-014 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 proposed office and tutoring use shall not commence prior to October
18, 2006, when Ordinance No. 1317, which authorizes office use with the
approval of a Conditional Use Permit by the Zoning Administrator, shall
become effective.
(***) 2.2 The maximum number of students and instructors within the facility at any
given time shall be as follows:
. 4 instructors AND 32 children; OR
. 4 instructors AND 8 adult students; OR
. A combination thereof using the ratio of 1 space/instructor, 1 space/8
children, and 1 space/2 adult students.
Any request to modify the maximum number of students and/or instructors
shall require the applicant to provide property owner permission, a parking
summary of the site showing the additional parking spaces, and shall be
subject to the Community Development Director approval.
The maximum occupant load permitted by CUP 06-014 shall be posted on
the wall by the exit door in a conspicuous location.
(1) 2.3 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.
(***) 2.4 No daycare use, as defined by the California Building Code, shall be
permitted unless approved by the Community Development Director.
Exhibit A
ZA Action 06-007
Page 3
BUILDING
(3) 3.1
(1) 3.2
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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), 2004 California Electrical
Code (CEC), California Title 24 Accessibility Regulations, 2005 Title 24
Energy Regulations, City Ordinances, and State and Federal laws and
regulations 2005 Edition.
Building plan check submittal shall include the following:
. Seven (7) sets of construction plans, including drawings for
mechanical, plumbing and electrical.
(***) 3.3 Prior to the establishment of the tutoring use at the site, the applicant shall
re-stripe the parking lot as per the approved plans, with applicable permits
issu.ed by the Building Division.
(1) 3.4
(3) 3.5
(1) 3.6
. Note on plans that no field changes shall be made without prior
approval from the Building Official and architect or engineer of record.
. 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 permit issuance, clearance from the Orange County Fire Authority is
required.
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 and shall be shown on the
plans.
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.
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Exhibit A
ZA Action 06-007
Page 4
For any questions or concerns, please contact Joe Meyers at (714) 573-
3173. (City Ordinance 1281)
ENGINEERING .
(5) 4.1 The Applicant, Property Owner, and/or Tenant are required to participate in
the City's recycling program.
FIRE
(1) 5.1 Prior to the issuance of a building permit, plans for the fire alarm system
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 "Guidelines for New and Existing Fire Alarm Systems."
(1) 5.2 This system shall be operational prior to the issuance of a certificate of
occupancy.
FEES
(2) 6.1 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.
S:\Cdd\ZAACTI0N\2006\ZA Action 06-007 (Tutorwhiz).doc
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