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HomeMy WebLinkAboutZAA 2013-004The 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 2012-17 was filed by Sunmin Won of Future Academy, requesting authorization to operate a tutoring facility within an existing 1,116 square foot tenant space located at 1442 Irvine Blvd., Suite 208. B. That the site is zoned Professional (Pr) and is designated by the General Plan as Professional Office which allows professional, instructional, motivational, and/or seminar schools with the approval of a conditional use permit. C. That the project has been determined to be consistent with the Air Quality Sub-element of the City of Tustin General Plan in that Goal 3 of the Sub- element encourages the minimization of particulate emissions D. That in accordance with TCC Section 9299b(3)(e), the Zoning Administrator is authorized to consider minor conditional use permits for existing development where there would be no change of occupancy or primary use, there would be no expansion of floor area, and the request would not alter the original intent of the project or site. E. That a public hearing was duly called, noticed, and held for Conditional Use Permit 2012-17 on January 23, 2013, by the Zoning Administrator. F. That the establishment, maintenance, and operation of the use applied for 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 a detriment to the property and improvements in the neighborhood of the subject property, nor to the general welfare of the City of Tustin as evidenced by the following findings: 1) Section 9231d4 of the Tustin City Code (Professional zoning district) allows professional, instructional, motivational, and/or seminar schools as conditionally permitted uses. 2) No physical changes or tenant improvements are proposed in conjunction with this application. Zoning Administrator Action 13-004 Conditional Use Permit 2012-17 Page 2 3) As conditioned, sufficient parking for the use is ensured by limiting the maximum number of instructors and students at the facility at any given time. 4) As proposed, the tutoring facility would operate weekdays in the early evening hours which are generally during non-peak office hours. The proposed hours of operation would reduce potential impacts to parking at the site. 5) As conditioned, Conditional Use Permit 2012-17 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. If the use is not operated in accordance with Conditional Use Permit 2012-17 or is found to be a nuisance or negative impacts are affecting the surrounding uses, the Community Development Director would have the authority to impose additional conditions to eliminate the nuisance or negative impacts or may initiate proceedings to revoke the Conditional Use Permit. G. That 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 adopts Zoning Administrator Action No. 13-004 approving Conditional Use Permit 2012-17 authorizing the operation of a tutoring facility within an existing 1,116 square foot tenant space located at 1442 Irvine Blvd., Suite 208., subject to the conditions contained within Exhibit A attached hereto. PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular meeting held on the 23rd day of January, 2013. ELIZABETH A. BINS�ACK ZONING ADMINISTRATOR ADRIANNE DiLEVA RECORDING SECRETARY Zoning Administrator Action 13-004 Conditional Use Permit 2012-17 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. 13-004 passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 23rd day of January, 2013. ADRIANNE DiLEVA RECORDING SECRETARY EXHIBIT A CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 2012-17 1442 IRVINE BLVD., SUITE 208 reT a ►km": _.- �2 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped January 23, 2013, 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 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) 1.4 Approval of Conditional Use Permit 2012-17 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. 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 Zoning Administrator Action 13-004 Conditional Use Permit 2012-17 Exhibit A Page 2 (1) 1.7 Conditional Use Permit 2012-17 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 2012-17, 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. (1) 1.8 If in the future the City's Community Development Director, Police Chief, and/or Public Works Department determine that a parking, traffic, or noise problem exists on the site or in the vicinity as a result of the facility, the Community Development Director, Police Chief, and/or Public Works Department may require that the applicant prepare a parking demand analysis, traffic study, or noise analysis and the applicant shall bear all associated costs. If said study indicates that there is inadequate parking or a traffic or noise problem, the applicant shall be required to provide mitigation measures to be reviewed and approved by the Community Development Department, Police Chief, and/or Public Works Department. Said mitigation measures may include, but are not limited to, the following: (a) Adjust hours of operation. (b) Reduce the number of instructors and/or students (c) Provide additional parking. (1) 1.9 As a condition of approval of Conditional Use Permit 2012-17 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 (1) 2.1 The proposed tutoring use requires a parking ratio of one (1) space for each three (3) students at maximum enrollment and one (1) space for each instructor. Any combination thereof using the aforementioned parking ratios is acceptable. The maximum number of students and instructors may fluctuate so long as the business is in compliance with the parking requirements and does not exceed the maximum number of stalls (4.5 Zoning Administrator Action 13-004 Conditional Use Permit 2012-17 Exhibit A Page 3 parking stalls) allotted to the tenant space. Maximum Instructors (1 /Instructor ) Maximum Students (1/3 Students) 1 10 2 7 3 4 (1) 2.2 Each tutoring session shall be concluded with sufficient time for attendees of the prior session to vacate the site prior to arrival of attendees of the next tutoring session. (1) 2.3 No loitering outside the tenant suite shall be allowed. Tutoring attendees shall remain inside while waiting for tutoring or to be picked up. Staff members shall supervise and be responsible for waiting attendees. (1) 2.4 All activities shall comply with the City's Noise Ordinance. (3) 3.1 If the tutoring center provides services to intermediate or high school children, the occupancy classification is B. If services are provided to elementary students or younger, the classification is E. A building permit is required to change the use from office to tutoring. Plans and an analysis by a professional designer may be required to show compliance with the appropriate occupancy classification. (3) 3.2 Accessible features are not illustrated in the submitted documents. At the time of permit application, plans must show the accessible features to and within the tenant space, per Section 11 34B.2. (3) 3.3 At the time of building permit application, the plans shall comply with the current edition of the codes (2010 California Building Standards Code), City Ordinances, State, Federal laws, and other regulations as adopted by the City Council of the City of Tustin. 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.