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HomeMy WebLinkAboutCUP 09-003TUSTI N Inter-Com DATE: MARCH 23, 2009 TO: ZONING ADMINISTRATOR FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CONDITIONAL USE PERMIT 09-003 PROPERTY ASSOCIATED FINANCIAL PLANNERS Vl OWNER: Ci0 JEFF HUSTON 17742 IRVINE BOULEVARD, SUITE 200 TUSTIN, CA 92780 APPLICANT: MIRIAM C. PRELL MRS. PRELL'S EDUCATIONAL SERVICES, LLC 17742 IRVINE BOULEVARD, SUITE 201 TUSTIN, CA 92780 LOCATION: 17742 IRVINE BOULEVARD, SUITE 201 GENERAL PLAN: PROFESSIONAL OFFICE ZONING: PR (PROFESSIONAL) ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO THE PROVISIONS OF SEGTION 15301 (GLASS 1 - EXISTING FACILITIES) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT REQUEST: TO ESTABLISH AN EDUCATIONAL/TUTORING FACILITY AT A TENANT SUITE IN AN EXISTING OFFICE BUILDING Zoning Administrator Report CUP 09-003 Page 2 RECOMMENDATION That the Zoning Administrator adopt Zoning Administrator Action (ZAA) 09-001 approving Conditional Use Permit (CUP) 09-003. BACKGROUND The applicant is requesting approval to provide educational/tutoring services at a tenant suite in an existing office building located at 17742 Irvine Boulevard (Attachment A - Location Map). Tustin City Code (TCC) Section 9231d1 authorizes professional, instructional, motivational and/or seminar schools in the Professional (Pr) zoning district, subject to the approval of a conditional use permit. The Tustin General Plan land use designation of Professional Office allows for a variety of general and professional office uses, business support services, and supportive commercial uses such as public service uses and public/institutional facilities. Pursuant to Tustin City Code (TCC) Section 9299b(3)(e), the Zoning Administrator is authorized to consider requests for minor conditional use permits for existing development where there would be no change of occupancy or primary use, no expansion of floor area, and the request does not alter the original intent of the project/site. The proposed project meets all criteria to merit Zoning Administrator review of Conditional Use Permit 09-003. DISCUSSION Sife and Surrounding Properties The project site is an approximately 16,000 square foot lot located at the corner of Irvine Boulevard and Prospect Avenue. The site is currently improved with a 9173 square foot, two-story office building. The property is located in the Professional zoning district, and the site is surrounded by other professional office buildings directly to the west, to the north across Irvine Blvd., and to the east across Prospect Ave (see Figure 1 -Surrounding Zoning Districts). Directly to the south of the site are single-family (R-1) residences. Columbus Tustin Intermediate School is located catty-corner from the site, across Irvine Blvd, and Prospect Ave. Zoning Administrator Report CUP 09-003 Page 3 Figure 1 Project Description ,; ' P&I ...;. > The applicant is proposing to operate an education/tutoring facility in Suite 201 (a 1530 square foot tenant suite) of the subject property (Attachment B -Submitted Plans). The tenant/applicant (DBA: Teachers in Private Practice) is currently authorized to operate an office for the consulting business from the subject suite. The business plan submitted by the applicant indicates that "Teachers in Private Practice specializes in providing after- school educational services (private, semi-private and small group targeted instruction) to students living primarily in Tustin, Irvine, Orange and Santa Ana." The faculty is composed of the applicant and other full-time public school teachers. The applicant has indicated that teachers will instruct one-on-one, one-on-two, or in small groups (maximum six students) per session, and that sessions are offered every one- to one-and-a-half hours. Proposed Condition 2.2 requires each class to conclude with sufficient time for attendees of the prior class to vacate the site prior to arrival of attendees of the next class. The types of classes that may be offered at the facility include language arts, mathematics, history, study skills, and creative arts. No tenant improvements or physical changes are proposed in association with this application. Since the facility will serve school children, the applicant is proposing different business hours during the school year and school holidays (summer, winter break, spring break). The proposed business hours are as follows: Business Hours -School Year Sunday Monday Tuesday Wednesday Thursday Friday Saturday Closed 3:30 p.m. - $:00 .m. 3:30 p.m. - 8:00 p.m. 3:30 p.m. - 8:00 p.m. 3:30 p.m. - 8:00 p.m. Closed 11:00 a.m. - 6:00 p.m. Business Hours -School Holida s Sunday Monday Tuesday Wednesday Thursday Friday Saturday Closed 9:00 a.m. - 4:00 p.m. 9:00 a.m. - 4:00 p.m. 9:00 a.m. - 4:00 .m. 9:00 a.m_ - 4:00 p.m. 9:00 a.m. -- 4:00 .m. Closed Zoning Administrator Report CUP 09-003 Page 4 Therefore, proposed Condition 2.3 limits the hours of operation to 8:00 a.m. - 8:00 p.m. Monday through Saturday, and closed on Sunday. Parking The project proposal is to operate an instructional facility at an existing office building. Per Tustin City Code Section 9263G, offices (administrative, corporate) require one (1) space for each 250 square feet of gross floor and for the first 25,000 square feet, and instructional uses require one (1) space for every three (3) students at maximum capacity of each classroom, plus one space for each faculty member and employee. Since the facility will be located at an existing development, the amount of available parking will dictate the maximum enrollment at any given time. While TCC currently calls for one (1) space for each 250 square feet for office uses, the zoning regulations for the Pr district at the time the building was developed (1972) required parking at a ratio of one (1) space per 300 feet of gross floor area (Ordinance 200). So, at a ratio of 1/300, the subject 1530 square foot tenant suite would be allotted five (5) parking stalls on site (See Attachment 3 -Parking Summary). The maximum number of faculty/staff members and students permitted in the facility at any given time will be limited based on the five (5) available stalls, as follows: • Two (2) faculty or staff members AND nine (9) students; OR • Three (3) faculty or staff members AND six (6) students; OR • Four (4) faculty or staff members AND three (3) students; OR • A combination thereof using the ratios of one (1) parking space/instructor or staff member and one (1) parking space/three (3) students. While the applicant has indicated in a submitted business plan that class sizes range from three (3) to 18 students, staff has advised the applicant that the condition of approval (Condition 2.1) will restrict maximum occupancy of the facility based on the available parking. Therefore, as conditioned, the existing parking provided on-site is sufficient to accommodate the proposed instructional facility. 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. Instructional schools are authorized by TCC Section 9231d1 in the Professional zoning district, subject to a conditional use permit. Zoning Administrator Report CUP 09-003 Page 5 2. No physical changes or tenant improvements are proposed in conjunction with this application. 3. As conditioned, sufficient parking for the use is ensured by limiting the maximum number of faculty/staff members and students at the facility at any given time. 4. As conditioned, the tutoring facility would generally operate between the hours of 8:00 a.m. and 8:00 p.m., which is consistent and compatible with the hours of operation for other commercial uses in the area. Reina Kapadia Associate Planner Attachments: A. Location Map B. Submitted Plans C. Parking Summary D. Zoning Administrator Action (ZAA) 09-001 S:1Cdd1ZAREPORT1220091CUP 09-003 (Tutoring).doc ATTACHMENT A Location Map LOCATION MAP ADDRESS: 17742 IRVINE BLVD. PROJECT NO.: CUP 09-003 (EDUCATIONAL/TUTORING FACILITY) ATTACHMENT B Submitted Plans H ~ ~~~~~~ ""~ L.LS ~..~ R :\,1 t.LI ' ©. W `I C U ~ w~'ra.o~ ~+'] `AYA.u,.o! LYGL( y'J ~Nlly(Tl 1(Fr fll j}1p1~ ,p~,y~,,,,. 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T > r r ~ r l' ~ T ~Y / { E E Ii `] ~( `i- T f s ' ~ / ~ ! f I ~ 1 f ! ~ I an; r r, ~ ~ r •~ ~ ~ L ~ ! ~• ' rJ 1 I ! r ' f' y ll t k~`}`}!! '~t~I~ 0. f fcc. - ,r ., y ~~ ~•- ~~ ~~ ' ' - `t G n ;a ~3 ~S ~ ~ ti ~~ ,~ J '' S ~ ~ L Y 4 2 Q~ 4 k5 + ~ w ~{ f 1, 1 1 ~~ Mrs. P~ell's Educational Sepvices LLC ~t Culiforhici l.lntiled Liahi/ity C'nrpoi•atior~ DBA: Teacheps in Private Practice DBA: Lost Arts Studios 17742 Irvine Boulevard, Suite 201 Tustin, California 92780 By: Miriam C. and Taylor W. Prell Revised February 10, ?009 ~EC~IVEL~ ~~~ 1 ~ 2oog CQMMUNITY DEVELOPMENT DEPT © 2007 Nolo MPESfor Independent Contractors Page 1 Table of Contents P.. Introduction ........................................................................................... B. Experience and Backgro~llld ................................................................. C. Cun•iculum Vitae: Mrs. Miriam. Catherine Prell ................................... D. Business Description: Tec~che~^S l12 PT"IVCIIG ~YClCl1CC ........................... 1 1~0~15t1CS ................................................................................................ 1. Proposed Sessions 2. Proposed Hours of Operation 3. Teacher-to-Student Ratio /Session Si~:e F. Personal Goals ...............................................................................................................8 rJ 2007 Nolo MPESfor Independent Contractors Page 2 A. Introduction Tecrclaer•.s in Privule Practice (TIFF) specializes in providing after-school educational services (private, semi-private and small group targeted instruction) to students living primarily iu Tustin, Irvine, orange and Santa Ana. TIPP is also open to students from other cities throughout Orange County. These students nay have existing gaps u1 education or need enrichment opportunities. As actively employed teachers collaborating tinder one facility, we believe our collective bacl:groiind experience in education and positive reputation in the conununity, along with Mrs. Prep's past success in business, support the view that we will succeed at operating TIPP. Q. Experience and Background Mrs. Pa•ell is presently atoll-time G.A.T.1;.-certified, Core 7 teacher (Language Arts and Social Studies) at Pioneer Middle School, a California Distu~guishcd School (2003 and 2007) and National Blue Ribbon School (2008-09) in Tustin, California.. She will continue her career at Pioneer while offering educational services to the community alter school. She has illfonned Mile Matzos, principal at Pioneer Middle School, about her plans to operate said business. She has also consulted with Tack Billings, President of the Tustin Educators Association (TE,~).13ntla have informed tier that as long as s!!e is not providing services to .students currently in a Pioneer class of firers or aggressively marketing the business arr any TUSD property without prior consent, there is no conflict of interest issue. At Pioneer Middle School, 1V1;•s. Prell has served as department chair and on the leadership team in addition to other committees since the school's opening during the 1999-2000 school year. Pioneer Middle School, one of eight National Model Professional Learning Communities (2006), was ranked #8 of all middle schools in Orange County and #l 0 in California in 2007. Mrs. Prell describes her career in education as fulfiilling, important and constantly life- changinb especially at Pioneer Middle School. Cc~ 2007 Nolo MPES~or Independent Contractors Page 3 During the past twelve years since tI•ansitiolung out of• her previous business, Worclstyle, a home-based business also located in 'Tustin from 1985-96, Mrs. Prel] acquired the credentials, certifications alld valuable experience needed to prepare for a business in education. She had always planned to open another business after YVordstyle and searched actively from 2006 to 2008 for the opporhlnity to establish such a venture. C. Curriculum Vitae: Mrs. Miriam Catherine Prell Home Address 17892 Romelle Avenue Santa Ana, California 92705 Telephone (714) 633-4716 Cell (714) 315-4787 Business Address l 7742 Irvine Boulevard, Suite 201 Tustin, California 92780 Marital Status Married to Taylor W. Prel1 since June 30, 1984 Professional Experience Aug 2008 to Present Co-C)wner,lLfi~s. Pr~ll.'s Eca'uc~tionul 5er•vices° LLC DBA Teczchej°.`• IYl P7"IVLdIZ' Pl"CJCtlCC' (TIPP) DBA Lost Arls Studios (LAS) .Tan 2000 to Present Core 7 Teacher, Pio~~ecr Middle Sclrnol ~ Core 7 (Language Arts and Social Studies) Department Chair, five years ~ Leadership Team, f ve years ~ EIU•iclunent Program Committee ~ Career Day Committee ~# Pyramid of Interventions Tutor /Coach ~ Distinguished School Application Conunittee (writer) © 20D7 Nolo h4PESfor Independent Contractors Page 4 ~ Blue Ribbon School Application Committee (editor) Oct 1999 to Dec 1999 Jun 1996 to Jun 1999 Jllll 1985 to ,lllll 1996 Summary of )Cxperience ~ Textbook Adoption Committee, three years ~= Teclu~ology Committee, three years ~ "Professional Development" presenter ~ Featured in national and iuternatianal PLC' teacher ti~aiiing video ~ "Professional Learning Conunututies" (PLC) presenter Substitute Teacher, Tustin Unified School Dish°ict Assistant to Director, California Academic Decathlon Owner-Operator, Wu~°drtylc ~ 8 years teaching Language Arts (writing, literature, reading, spelling, vocabulary and grammar) at the middle school level ~~ 8 years leaching medieval world history, middle school ~ S years private writing coach for students ages 5-14 1 year as paraeducator teaching multiple subjects ~ 2 years after-school "Homework Club" tutor 1 l years business owner Wi,r°clstylc~ I l years editor /writing coach /business consultant/ calligrapher 6 years competitive badminton coach 15+ years Parent-Teacher-Organization ~ Mother of two successfi~l children: - Leanna Rachel, age 21 Py°gfc~s•sionul rnz~sieicr.~~a; rrtcrssagc• lhei^crpia•l: l,vo years, Chal~rnuf~ UniveY•.siry Q 2007 Nolo MPESfor Independent Contractors Page 5 - Jordan Taylor, age 22 Petty Officer ES, Aviadion Electrnrric,s Technician, (Inited S`tate,~• Navy; cr.rrrently enrolled in C'hcrpmcrn Clraivcrsily Cducation and Credentials Multiple Subject Credential, Concordia Utversity - lrvine Masters iii I~,ducation candidate, Concordia University -Irvine G.~.T.E. (Gifted and Talented Education) Certified, Tustin tTnitied School District Bachelor of Arts in CommLmicative Disorders (Speech Pathology), CSU Fullerton D. business Description: Teachers in Private Practice Te~crcher°s ire Private Praactice (TIPP) specializes ui providing after-school educational services (private, semi-private and small group targeted instruction) to students living primarily in Tustin, Irvine, Orange and Santa Ana. TIPP is also open to students Isom other cities tlu•oughout Orange County. To the best of our knowledge, no other currently employed public school educators offer services after school year-round out of a dedicated office space in central Orange County. Offeri~ig standards-based educational services beyond the scope of the public schi~ol setting enables TIPP teachers to provide academic instruction to sttiidents who experience learning gaps and those who need eiuiclunent opportunities. The measure of acadenuc achievement is often based on results of standardized tests. TIPP prepares students fir the rigors and regcw-ements of public education but more i~nportautly for life-ling learning in public or private higher education. Based on Mrs. Prep's current private clients, there is defuutely a need for highly qualified educators who are currently in the public school classroom and therefore understand the rigors and requirements of public school and is fuI-thermore aware of trends, the research and best practices in education. Children enrolled at TIPP would be taught in a small group or one-on- one. Instruction is targeted and specific to the needs of every child in grades two tlu•ough eight. (~ Z007 Nolo MPESfor Independent Contractors Page 6 E. Logistics 1. Proposed Sessions Sessions offered at Teacher°s• in Private Practice may include: ~ Language Arts (reading comprehension, vocabulary, writing, spelling, grammar} ~ Mathematics (elementary through geometry) ~ History (classical through present day) ~ Study Skills (organization, management, note taping and test preparation) Creative (non-academic) sessions oficred under the DBA: I,o~~t As°ds Stacclia,s~ (LEIS) maV include calligraphy, card making, sewing, knitting, embroidery, quilting, digital photography and etiquette for today's teen. 2. Proposed flours of Operation During the school year, TIPP plans Lo primarily offer sessions after school. Sessions will begin at approximately 3:30pm, Monday tlu•ough Thursday. The last session(s) end by Spm. On Saturday, sessions will be oflered fz•om 1 lam to 6pm. TII'1' will be closed on Friday and Sunday. During winter break (one week in Decetiiber), spring break (one week in March or April) and during the month of .fu.ly, TIPP '.5~ sessions will be offered Monday through Friday from gam to 4pm. (TIPP will be closed on Saturday and Sunday during breaks and in .luly.) Sessions will be offered every one- to one-and-a-half hours. 3. Teacher-to-Student Ratio /Session Size Teachers will instruct one-on-one, one-an-two or in small groups of no more than six students per session. Three teachers are scheduled to teach at the facility. The maximum number of students dtu-ing a one- or one-and-a-half hour session can range between thI•ee students (3 teachers x 1 student each) and eighteen students (3 teachers x C students). No more than three teachers and eighteen students will occupy the facility at a time. ~ 2007 Nolo MPESPor Independent Contractors Page 7 F. Personal Goals Mrs. Prep has known since the age of six that she was destined to teach. After raising children at a relatively young age, she pursued her dream to become an educator, a profession for which she possesses both passion and skill and from which she derives immense personal satisfaction. Mrs. Drell especially feels a deep sense of pride when students comment positively on her teaching abilities or her character. Such validation motivates Mrs. Drell to continue in the field with passion and conviction. Mrs. Prep's goal in operating Teachers in Private .Practice is to provide important academic services that make an impact on families in the community as well as to provide a venue for a dynamic group of colleagues to practice theil• craft and who share the same passion, vision and mission. As Mrs. Drell often tells students whose h~ture goals often include "getting rich": "Whatever career you choose in life, make sure you absolutely love it. It has to be fim (enjoyable). Don't do something just because it makes you a lot of money. If you stick to the philosophy that you must do what you love, the money will come." © 2007 Noio MPESfor Independent Contractors Page 8 ATTACHMENT C Submitted Parking Summary ~, 0 0 N N O M O O ~ L ~ C W _O Q C a a LL Q ti N a U .~ N ti ti O ~ ~ ~ G ~ L • H O ~ N O ~ ~ m '~+ O O Cp ~ ~ a' ~' ~ M (D ~J' In N N M N M ~ N r ~ ~ 07 ~ f~6 ~ COD OHO ~ OM V N _ ~ ~ ~ ~ ~ O" p r +~- O ~- M ~- LC> O ~ r e- C.fl t 07 f1~ iy H N N ~ ~ U p d ~ ~ ~ ~ _ U C E ~ C J _ CU ~ ~ {- ~ O +-' -` } p ~ 'a> U o cn ~ ~ c ~ ~ m ~ . N ~ ~ ,o Q ~ T ai w > ~ ~ d ~ C p 7 d. Q ~ W U ~ M Q ~ O ~ ~ ~ C~ [n ~ c p Z ~ V ~ p U ~ N ~ ~ ~ N J ~ -p ~ c U Q -o z ~. U ~ Fa- i u ~ n ~ L1J U ~ C N ¢ j ~ ~ ~ ~ 00 ~ ~ o = L d w N O N M Lf) CO ~ ~ CA ~ z ~ O N N N N N N ~ C ~ ~ N a C p ~ ~ ~ ~ C ~ S6 'C~. C N ~ O fB d E "' O C Y_ (6 a. O C .~ Cd C C f6 O O C'7 N a 0 a _O (D V 0 p C C Y N <p O7 ~ Q. ~° o o r C ~ Q ~~ ~ 7 L m ~n to f0 U_ ~ ~ ~ ~ ~ c ,,_ O p CO ~ U ~ ~ t W N d ~ ca ~ ..'C..-.. 'O ~ Q ~ ~ a~ ~ --c-. ~ o `m ~ ~ Q ~ a~ .~~~ .,_, ~ o ._ ~ ~ ~ ~ C G~ N ~ L ~ ~ ~ E ~ ~, ~~~_ o ~ ~ L ATTACHMENT D Zoning Administrator Action 09-001 ZONING ADMINISTRATOR ACTION 09-001 CONDITIONAL USE PERMIT 09-003 17742 IRVINE BOULEVARD, SUITE 201 The Zoning Administrator of the City of Tustin does hereby resolve as follows: The Zoning Administrator finds and determines as follows: A. That a proper application for Conditional Use Permit (CUP) 09-003 was filed by Miriam C. Prell, of Mrs. Prell's Educational Services, LLC, requesting authorization to establish an educational/tutoring facility in Suite 201 of an existing two-story office building located at 17742 Irvine Boulevard. B. That the proposed land use is consistent with the Tustin City Code and General Plan. The site is zoned Professional (Pr), where instructional schools are conditionally permitted, and the land use is designated by the General Plan as Professional Office, which allows for general and professional office uses, business support services, and supportive commercial uses such as public service uses and public/institutional facilities. The project is consistent with the Air Quality Sub-element of the City of Tustin General Plan. C. That pursuant to Tustin City Code (TCC) Section 9299b(3)(e), the Zoning Administrator is authorized to consider requests for minor conditional use permits for existing development where there would be no change of occupancy or primary use, no expansion of floor area, and the request does not alter the original intent of the project/site. That the proposed project meets all criteria to merit Zoning Administrator review of Conditional Use Permit 09-003. D. That a public hearing was duly called, noticed, and held for Conditional Use Permit 09-003 on March 23, 2009, 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) Instructional schools are authorized by TCC Section 9231d1 in the Professional zoning district, subject to a conditional use permit. 2) No physical changes or tenant improvements are proposed in conjunction with this application. 3) As conditioned, sufficient parking for the use is ensured by limiting the maximum number of faculty/staff members and students at the facility at any given time. Zoning Administrator Action 09-001 CUP 09-003 March 23, 2009 Page 2 4) As conditioned, the tutoring facility would generally operate between the hours of 8:00 a.m. and 8:00 p.m., which is consistent and compatible with the hours of operation for other commercial uses in the area. This project is Categorically Exempt pursuant to Section 15301 (Class 1 - Existing Facilities) of Title 14, Chapter 3 of the Guidelines far the California Environmental Quality Act. II. The Zoning Administrator hereby approves Conditional Use Permit 09-003 granting authorization to establish an educational/tutoring facility in Suite 201 of an existing two-story office building located at 17742 Irvine Boulevard, subject to conditions attached hereto. PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular meeting held on the 23rd day of March, 2009. DANA L. 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. 09-001 was passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 23rd day of March, 2009. ELOISE HARRIS RECORDING SECRETARY EXHIBIT A CONDITIONAL USE PERMIT 09-003 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped on the date of approval, 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 09-003 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 CODElS (4) DESIGN REVIEW *** EXCEPTIONS (5) RESPONSIBLE AGENCY REQUIREMENTS (6) LANDSCAPING GUIDELINES (7) PC/CC POLICY Exhibit A ZA Action 09-001 CUP 09-003 Page 2 (1) 1.7 As a condition of approval of Conditional Use Permit 09-003 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. (***) 2.1 The maximum number of students and instructors within the facility at any given time shall be as follows: • Two (2) instructors or staff members AND nine (9) students; OR • Three (3) instructors or staff members AND six (6) students; OR • Four (4}faculty or staff members AND three (3) students; OR • A combination thereof using the ratios of one (1) parking space/instructor or staff member and one (1) parking spacelthree (3) 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. (1) 2.2 Each class shall be concluded with sufficient time for attendees of the prior class to vacate the site prior to arrival of attendees of the next class. (***) 2.3 Hours of operation are limited to the following: • Monday -Saturday: 8:00 a.m. to 8:00 p.m. • Sunday: Closed The hours may be modified administratively subject to review and approval by the Community Development Director if it is determined that no impacts to the surrounding tenants or properties will occur. (1) 2.4 All activities shall comply with the City's noise ordinance. (1) 2.5 If a parking problem is observed by a representative of the City, the applicant shall submit a study prepared by a traffic engineer and perform Exhibit A ZA Action 09-001 CUP 09-003 Page 3 or install interim and permanent mitigation measures to be reviewed and approved by the Community Development Department. (1) 2.6 If the use is wholly discontinued for any reason for a period of one (1) year or more or replaced with a different permitted or conditionally permitted use, the use shall be conclusively presumed to be abandoned and any future tutoring facility in the subject space would require a new conditional use permit. The year shall not include time of discontinued use due to a valid order of a court of law or due to building repair under a building permit. FEES (2) 3.9 Within forty-eight (4$) 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.