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HomeMy WebLinkAboutZA Action 09-002ZONING ADMINISTRATOR ACTION 09-002 CONDITIONAL USE PERMIT 09-008 14041 PROSPECT 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 Conditional Use Permit (CUP) 09-008 was filed by David Vela, of The Tutoring Center, requesting authorization to establish an educationaUtutoring facility in one-story commercial building located at 14041 Prospect Avenue. B. That the proposed land use is consistent with the Tustin City Code and General Plan. The site is zoned Planned Community Commercial (PC COMM) and the land use is designated by the General Plan as Planned Community Commercial/Business, which allow for a variety of commercial uses. Instructional schools have been determined to be conditionally permitted in commercial areas. 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. The proposed project meets all criteria to merit Zoning Administrator review of Conditional Use Permit 09-008. D. That a public hearing was duly called, noticed, and held for Conditional Use Permit 09-008 on May 11, 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 neighbofiood of such proposed use, nor be injurious or detrimental to the property and improvements in the neighbofiood of the subject property, or to the general welfare of the City of Tustin in that: Instructional schools have been determined to be permitted in commercial areas, subject to the approval of a conditional use permit. 2. The request does not change the occupancy or primary use, expand the floor area, or alter the original intent of the project/site. 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 09-002 CUP 09-008 May 11, 2009 Page 2 4. As conditioned, the tutoring facility would generally operate between the hours of 2:00 p.m. and 7:30 p.m., 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 - Existing Facilities) of Title 14, Chapter 3 of the Guidelines for the Califomia Environmental Quality Act. II. The Zoning Administrator hereby approves Conditional Use Permit 09-008 authorizing the establishment of an educationaUtutoring facility in an existing one- story commercial building located at 14041 Prospect Avenue, subject to conditions attached hereto. PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular meeting held on the 11th day of May, 2009. DANA L. OGDON ACTING ZONING ADMINISTRATOR ~hVt.o- ELOISE RIS RECORDING SECRETARY STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ELOISE HARRIS, the undersigned, hereby certify that the Zoning Administrator of the City of Tustin, Califomia; No. 09-002 was passed and adopted at a regular Administrator, held on the 11th day of May, 2009. ~,~~ ELOISE H R RECORDING SECRETARY I am the Recording Secretary of that Zoning Administrator Action meeting of the Tustin Zoning EXHIBIT A CONDITIONAL USE PERMIT 09-008 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 09-008 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). (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. (1) 1.7 Conditional Use Permit 09-008 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. The Community Development Director shall review the use to ascertain compliance with conditions of approval. If the use is not operated in accordance with Conditional Use Permit 09-008, or is found to be a nuisance or negative impacts are affecting the surrounding tenants or SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODES (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Exhibit A ZA Action 09-002 CUP 09-008 Page 2 neighborhood, the Community Development Director shall impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the Conditional Use Permit. (1) 1.8 As a condition of approval of Conditional Use Permit 09-008 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. USE RESTRICTIONS (***) 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 Any combination thereof using the ratios of one (1) parking space/instructor or staff member and one (1) parking space/three (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 -Thursday: 2:30 p.m. to 7:30 p.m. • Friday -Sunday: Closed The hours may be mod~ed 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. Exhibit A ZA Action 09-002 CUP 09-008 Page 3 (***) 2.4 No loitering outside the tenant suite shall be allowed. Class attendees shall remain inside while waiting for class or to be picked up. Staff members shall supervise and be responsible for waiting attendees (1) 2.5 All activities shall comply with the City's Noise Ordinance. (1) 2.6 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 or install interim and permanent mitigation measures to be reviewed and approved by the Community Development Department. (1) 2.7 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. BUILDING (1) 3.1 At the time of building permit application, the plans shall comply with the latest State and the City Tustin adopted Codes: 2007 Califomia Building Code (CBC), 2007 Califomia Mechanical Code (CMC), 2007 Califomia Plumbing Codes (CPC), 2007 Califomia Electrical Code (CEC), Califomia Title 24 Accessibility Regulations, 2007 Title 24 Energy Regulations, City Ordinances, and State and Federal laws and regulations At the time of plan submittal provide: • Four (4) set of plans including building, electrical, mechanical, and plumbing plans. • Two sets of structural calculations (when applicable). • Two sets of Title 24 energy calculations for outdoor lighting (when applicable). (1) 3.2 Vehicle parking, primary entrance(s) and paths of travel to the site and building, receptionist space, sanitary facilities, drinking fountain, and public telephones shall be accessible to persons with disabilities; and shall be shown on the plans. Truncated domes shall be required at locations specified in section 113388.5 and 11278.5 (7) of the 2007 CBC. (1) 3.3 Parking for disabled persons shall be provided with an additional five (5) foot loading area with striping and ramp; disabled persons shall be able to park and access the building without passing behind another car. At least one (1) Exhibit A ZA Action 09-002 CUP 09-008 Page 4 accessible space shall be van accessible served by a minimum 96 inch wide loading area. FEES (2) 4.1 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. (1) 4.2 Prior to issuance of any permits, the applicant shall pay all applicable Building plan check and license permit fees to the Community Development Department.