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  Agenda Item   10.    
Planning Commission
Meeting Date: 04/25/2017  
FROM: Jennifer Lilley

Subject:
CONDITIONAL USE PERMIT NO. CUP 17-03 – TO ALLOW A TACTICAL DEFENSE TRAINING BUSINESS IN AN EXISTING OFFICE AND WAREHOUSE BUILDING LOCATED AT 615 NORTH BERRY STREET, SUITE I IN THE M-1, LIGHT INDUSTRIAL ZONE
REQUEST
The application is a request for a Conditional Use Permit to allow a tactical defense training business in an existing office and warehouse building in the M-1, Light Industrial zone. 
 
RECOMMENDATION
Staff recommends the Planning Commission approve Conditional Use Permit No. CUP 17-03, subject to the conditions in the draft Resolution.
 
BACKGROUND/DISCUSSION
Mr. Bryan McKenrick, owner of American Tactical Defense, is requesting a Conditional Use Permit to open a tactical defense training business.  The business will provide personal and home defense training geared toward parents, homeowners, renters and law enforcement agencies for training purposes.    The applicant is a Federally Certified Firearms Instructor and currently supervises, instructs and trains nearly 1,000 Federal Officers annually in his capacity as a Federal Law Enforcement Officer.  A full description of the business background and operations is included in Attachment 5.  Commercial trade schools, including those offering non-degree subjects and specialized programs in personal growth and development, are permitted in the M-1 zone subject to Planning Commission review and approval of a Conditional Use Permit.

American Tactical Defense proposes to locate in Suite I of the business park at 615 North Berry Street.  The Suite currently includes two levels totaling 1,200 square feet, see Attachment 4.  This space will be modified to create a simulation of a two-story single-family home.  The ground level will also include a check-in area and a conference room for training and briefing activities.   The applicant proposes to operate the business from 8:00 a.m. to 5:00 p.m. Monday to Friday and from 9:00 a.m. to 4:00 p.m. on Saturday and Sunday.  A  maximum of two employees will be on-site at any given time and up to eight customers per training on weekdays and ten customers per training on weekends are expected. 
 
Each customer will participate in a three-hour training session consisting of a safety briefing, training session and a scenario-based simulation using non-lethal training ammunition. To ensure safety, the business will include a “semi-safe zone” in the lobby and a “safe zone” inside the scenario training area.  In the semi-safe zone, customers will be searched for firearms, ammunition and other items that could pose a safety threat prior to entering the safe zone.  All customers and employees will be required to wear full-face, neck and body protective gear.  The applicant will also require customers to complete a questionnaire to verify they are legally authorized to possess a firearm prior to scheduling a training session.  These operations are detailed in the Project Business Plan in Attachment 5.  A condition of approval has been added requiring the business to operate in substantial conformance with this proposal.
 
From a parking and operational standpoint, the most similar type of businesses are small dance and martial arts schools, tutoring centers, fitness uses and uses offering specialized training  programs where groups of individuals participate together in an activity.  Many of these businesses operate successfully in business parks throughout the city in a manner that does not impact and complements surrounding uses. 
 
The American Tactical Defense site is currently developed with a multi-tenant office and warehouse complex totaling 17,528 square feet at 615 North Berry Street in addition to an 8,762 square foot single-tenant warehouse building directly to the west at 720 Challenger Street.  These two buildings include a combination of small-scale office and industrial uses which operate during the typical 8:00 a.m. to 5:00 p.m. business hours.  The site includes a total of 67 parking spaces shared by tenants of both buildings.  The Zoning Code requires 50 parking spaces for the office/warehouse uses.  American Tactical Defense will require a maximum of 10 parking spaces on weekdays and 12 parking spaces on weekends.  The parking supply is adequate to support the proposed use.  These operations are also detailed in the Project Business Plan.  The applicant will be required to operate the business in substantial conformance with this proposal to ensure an adequate parking supply on site.
 
Should operations intensify in the future (i.e. increased number of employees, increased number of clients served at a time), staff has added a condition to require review of the intensification in use for compatibility and parking.  Given the limited number of trainers and customers, the indoor nature of the business, thorough safety precautions, compliance with Federal regulations and adequate parking on site, the use is anticipated to operate in a consistent manner with the business park, and is not expected to have a negative impact on the business park or adjacent tenants.
ENVIRONMENTAL ASSESSMENT
The proposed project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15301 of Title 14, Chapter 3, Article 19 of the California Code of Regulations.


 
TECHNICAL BACKGROUND
Case Nos: Conditional Use Permit No. CUP 17-03
Property Location: 615 North Berry Street, Suite I
Applicant: American Tactical Defense, Bryan McKenrick
Property Owner: Albany Synergistics, 1102 East Chestnut Avenue, Orange, CA 92867
General Plan Designation: Light Industrial
Zoning Designation: M-1 Light Industrial
Lot Size: 1.42 acres
Adjacent Zoning/Land Uses  
North: M-1 Light Industrial / office and warehouse developments
South: M-1 Light Industrial / Brea Olinda Unified School District bus lot
East: M-1 Light Industrial / office and warehouse developments
West: M-1 Light Industrial / office and warehouse developments
Site and Neighborhood Characteristics: The site consists of an office and warehouse complex.  The surrounding uses consist of similar office and warehouse uses on the North, East and West sides, in addition to a bus lot to the South.
Public Hearing Notices: Legal notices was published in the Brea Progress on April 6, 2017 and 26 notices were sent to property owners within a 500-foot radius of the subject property.
RESPECTFULLY SUBMITTED
Jennifer A. Lilley, AICP, City Planner

Prepared by: Fang-zhou Zhou, AICP, Assistant Planner
  
Attachments
1. Vicinity Map
2. Public Hearing Notice
3. Draft Resolution
4. Plans & Desricption
5. Project Business Plan

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