HomeMy WebLinkAboutZA Action 12-003ZONING ADMINISTRATOR ACTION 12-003
CONDITIONAL USE PERMIT 2012-04
INSTRUCTIONAL SCHOOL (SPRINGFIELD COLLEGE)
LOCATED AT 17542 17 STREET
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) 2012-04 was
filed by Gloria Broming, LPA, Inc., representing Helen Wright of
Springfield College requesting authorization to establish a college use
(instructional school) with a maximum of 200 students in an existing
14,919 square feet tenant space located at 17542 17 Street, Suite 200
within the Tustin Executive Center office building.
B. That the property has a land use designation by the General Plan of
Planned Community Commercial/Business Land Use which provides for a
variety of office and commercial uses and is zoned Planned Community
Commercial (PC C). Pursuant to Tustin City Code Section 9231d4.,
instructional schools are subject to approval of a Conditional Use Permit
(CUP). Furthermore, 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
primary use or occupancy, no expansion of floor area, and the request
does not alter the original intent of the project/site.
D. That a public hearing was duly called, noticed, and held for Conditional
Use Permit 2012-04 on May 9, 2012, by the Zoning Administrator.
E. That the establishment, maintenance, and operation of the proposed college
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 or be injurious or detrimental to the property and
improvements in the neighborhood, or to the general welfare of the City of
Tustin in that:
1 The property is zoned Planned Community Commercial (PC C) and
under that zoning designation, the existing professional office building
was approved by the Planning Commission Resolution No. 1950
(Use Permit 81-3.
2) Pursuant to Tustin City Code Section 9231d4., in Professional Office
districts and uses, professional and instructional use is a
conditionally permitted use. The proposed college use would
operate similar to other professional and instructional uses in that
Zoning Administrator Action 12-003
CUP 2012-04
May 9, 2012
Page 2
the classes are held in small class rooms during the evenings and
weekends and administration office hours are consistent with
typical business hours during the day.
3) As conditioned, sufficient parking for the use is provided in that the
student enrollment is allowed for a maximum of 200 students.
4) As conditioned, the college would generally operate consistent and
compatible to the hours of operation for other office uses in Tustin
Executive Center and the surrounding area.
5) As conditioned, all activities would occur within the building.
F. This project is Categorically Exempt pursuant to Section 15301 (Class 1 —
Existing Facilities) of Title 14, Chapter 3 of the Guidelines for the
California Environmental Quality Act.
II. The Zoning Administrator hereby approves Conditional Use Permit 2012-04 to
establish a college use for a maximum of 200 students, located within an existing
tenant space at 17542 17 Street, Suite 200 in the Tustin Executive Center office
building, subject to conditions attached hereto as Exhibit A.
PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular
meeting held on the 9th day of May, 2012.
LBETH V A
A. BINSACK
ZONING ADMINISTRATOR
J
12, - ; A-
ADRIANNE DILEVA
RECORDING SECRETARY
Zoning Administrator Action 12-003
CUP 2012-04
May 9, 2012
Page 3
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF TUSTIN
1, ADRIANNE DILEVA, 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. 12-003 was passed and adopted at a regular meeting of the Tustin Zoning
Administrator, held on the 9th day of May, 2012.
ADRIANNE DILEVA
RECORDING SECRETARY
EXHIBIT A
CONDITIONAL USE PERMIT 2012-0 4
CONDITIONS • APPROVAL
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1.1 The proposed project shall substantially conform with the submitted plans
for the project date stamped May 9, 2012, 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.
( 1.2 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) 1.3 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.
( 1.4 Approval of Conditional Use Permit 2012-04 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.
( 1.5 Any violation of any of the conditions imposed is subject to the issuance of
an Administrative Citation pursuant to Tustin City Code Section 1162(a).
( 1.6 Conditional Use Permit 2012-04 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 2012-04, or is found to be a
nuisance or negative impacts are affecting the surrounding tenants or
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.
SOURCE CODES
(1)
STANDARD CONDITION
(5)
RESPONSIBLE AGENCY REQUIREMENTS
(2)
CEQA MITIGATION
(6)
LANDSCAPING GUIDELINES
(3)
UNIFORM BUILDING CODE/S
(7)
PC/CC POLICY
(4)
DESIGN REVIEW
EXCEPTIONS
Exhibit A
ZA Action 12-003
CUP 2012-04
Page 2
( 1.7 As a condition of approval of Conditional Use Permit 2012-04, 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 the defense of any such action under this condition.
( 1.8 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.
USE RESTRICTIONS
2.1 The school use is limited to a maximum of 200 students.
2.2 The permitted hours of operation are from 8:00 a.m. to 10:00 p.m. Monday
through Sunday. Any modification to the hours of operation shall be
approved by the Community Development Director.
( 2.3 If in the future the City determines that a parking problem exists on the site
or in the vicinity as a result of the proposed project, the Community
Development Director may require the applicant to prepare a parking
demand analysis and bear all associated costs. If the study indicates that
there is inadequate parking, the applicant shall be required to provide
immediate interim and permanent mitigation measures to be reviewed and
approved by the Community Development Department and the Public
Works Department. Said mitigation measures may include, but are not
limited to, the following:
a. Adjust hours of operation
b. Reduce student enrollment
PLAN SUBMITTAL
( 1 ) 3.1 At the time of building permit application, the plans shall comply with the
latest edition of the codes (2010 building codes, 2011 Green Building
Code), City Ordinances, State, Federal laws, and regulations as adopted
by the City Council of the City of Tustin. The applicant shall demonstrate
on plans compliance with the State of California Title 24 accessibility
regulations including but not limited to; signage, interior path of travel, work
stations, and sanitary facilities.
Exhibit A
ZA Action 12-003
CUP 2012-04
Page 3
FEES
(1,5) 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,