Loading...
HomeMy WebLinkAboutZAA 05-020 ZONING ADMINISTRATOR ACTION 05-020 CONDITIONAL USE PERMIT 05-024 1621 EDINGER AVENUE, SUITE 202 The Zoning Administrator of the City of Tustin does hereby resolve as follows: I. The Zoning Administrator finds and determines as follows: A. A proper application, Conditional Use Permit 05-024 was filed by Nancy Han, on behalf of Honors Review Tutoring Facility, requesting authorization to establish an after school tutoring facility for Grades 4 through 11 within an approved retail center at 1631 Edinger Avenue, Suite 202. The General Plan Industrial land use designation provides for a variety of office, wholesale, manufacturing, storage, sales, and service commercial uses, including instructional facilities. The project is consistent with the Air Quality Sub-element of the City of Tustin General Plan. B. That a public hearing was duly called, noticed, and held for. Conditional Use Permit 05-024 on October 10, 2005, by the Zoning Administrator. c. 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: D. 1) The proposed use, as conditioned, would not be detrimental to surrounding properties in that the use would occur entirely within the building and the number of instructors and clients and scope of operations for the proposed use can be supported by the proposed building and site design, and, as conditioned, would be compatible with the uses on the surrounding properties. 2) The proposed tutoring sessions, based upon a maximum of ten (10) students and two (2) instructors, can be accommodated by the existing number of parking spaces required for the approved office given the office and tutoring facility will not function concurrently. 3) The proposed use, as conditioned, would not create a noise impact on the surrounding neighborhood since the martial arts Zoning Administrator Action 05-020 October 10, 2005 Page 2 instruction would be in the building and would comply with the Tustin Noise Ordinance and General Plan Noise Element. 4) The tutoring facility would generally operate from 11 :00 a.m. to 8:00 p.m., Monday through Friday, closed Saturday and Sunday which is consistent with the hours of operation for other commercial uses in the area and compatible with nearby residential uses. E. 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 Planning Commission hereby approves Conditional Use Permit 05-024 authorizing an after school tutoring facility for Grades 4 through 11 within an approved retail center at 1631 Edinger Avenue, Suite 202, attached hereto. PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular meeting held on the 10th day of October, 2005. ~d~ ELOISE HARRIS RECORDING SECRETARY ~~~~ DANA OGDON ACTING ZONING AD NISTRATOR 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. 05-020 passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 10th day of October, 2005. ~d~ ELOISE HARRIS RECORDING SECRETARY GENERAL (1 ) 1.1 (1 ) 1.2 (1 ) 1.3 (1 ) 1.4 (1 ) 1.5 (1 ) EXHIBIT A ZONING ADMINISTRATOR 05-020 CONDITIONAL USE PERMIT 05-024 CONDITIONS OF APPROVAL The proposed project shall substantially conform with the submitted plans for the project date stamped October 10, 2005, 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. 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. 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. Approval of Conditional Use Permit 05-024 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. 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. 1.6 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 CODEIS (4) DESIGN REVIEW *** EXCEPTIONS (5) (6) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY Exhibit A ZA Action 05-020 Page 2 (1 ) 1.7 (***) 1.8 As a condition of approval of Conditional Use Permit 05-024 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. Conditional Use Permit 05-024 may be reviewed annually or more often, if deemed necessary by the Community Development Department, to ensure compatibility with the area and compliance with the conditions contained herein. USE RESTRICTIONS (***) 2.1 The maximum number of students and instructors and number and hours of classes within the facility shall be as follows: TIME PERIOD USE Monday - Friday TOTAL (Closed Saturday & OCCUPANTS Sunday) Group Study Sessions with 4 students 4:00 - 5:30 p.m. No instructors per class (2 classes) (90 minutes each) 8 students Group Study Sessions with 4 students 6:30 - 8:00 p.m. No instructors per class (2 classes) (90 minutes each) 8 students One-on-one study sessions 4:00 - 4:45 p.m. 2 instructors 1 student/1 instructor per class (2 classes) (45 minutes each) 2 students One-on-one study sessions 5:00 - 5:45 p.m. 2 instructors 1 student/1 instructor per class (2 classes) (45 minutes each) 2 students One-on-one study sessions 6:00 - 6:45 p.m. 2 instructors 1 student/1 instructor per class (2 classes) (45 minutes each) 2 students One-on-one study sessions 7:00 - 7:45 p.m. 2 instructors 1 student/1 instructor per class (2 classes) (45 minutes each) 2 students No rooms may be used as offices during the same times the tutoring facility is in operation. Any request to modify the number or times of classes or number of student and/or instructor numbers shall require the project Exhibit A ZA Action 05-020 Page 3 (1 ) BUILDING (1 ) 3.1 (1 ) 3.2 (1 ) 3.3 (1 ) 3.4 proponent to provide property owner permission, a parking summary of the center showing surplus parking spaces exist, and shall be subject to the Community Development Director approval. The maximum occupant load permitted by CUP 05-024 shall be posted on the wall by the exit door in a conspicuous location and may not exceed posted occupant load at any time. 2.2 Each class shall be concluded to provide sufficient time for attendees of the prior class to vacate the site prior to arrival of attendees of the next class. At the time of building permit application, the plans shall comply with the 2001 California Building Code (CBC), 2001 California Mechanical Code (CMC), 2001 California Plumbing Codes (CPC), 2001 California Electrical Code (CEC), California Title 24 Accessibility Regulations, Title 24 Energy Regulations, City Ordinances, and State and Federal laws and regulations. Building plan check submittal shall include the following: . Seven (7) sets of construction plans, including drawings for mechanical, plumbing and electrical. . Note on plans that no field changes shall be made without prior approval from the Building Official and architect or engineer of record. Review 2001 California Building Code chapter 3, chapter 5, and minimum egress requirements in Table 10A. The plans submitted shall indicate that restrooms are accessible to persons with disabilities as per State of California Accessibility Standards (Title 24). Plumbing fixture units are required to comply with the 2001 California Plumbing Code Chapter four (4) Table 4-1 as per type of group occupancy, or as approved by the Building Official. Prior to issuance of demolition, precise/rough grading, and/or building permit with valuation of $50,000 or greater, the applicant shall submit for approval by the City of Tustin, Construction & Demolition (C&D) debris collection, disposal, and diversion information in the City-prescribed forms. At least 50 percent of the construction debris shall be diverted from landfill to the recycling plants. A security deposit in amount of $50 per ton (not to exceed $5,000 per project) for C&D security deposit will be collected prior to issuance the permit. Prior to final inspection, the applicant shall submit to the City of Tustin documents (i.e. receipt from vendor) showing actual weight or volume of each material of C&D diverted to the recycling center. Exhibit A ZA Action 05-020 Page 4 ENGINEERING (1 ) 4.1 FEES (2) 5.1 For any questions or concerns, please contact Joe Meyers at (714) 573- 3173. (City Ordinance 1281) The City of Tustin is required to comply with the recycling requirements contained in the California Integrated Waste Management Act of 1989. To facilitate City compliance with the is law, the Project Applicant is required to comply with Section 4327 of the Tustin City Code which details requirements for developing and implementing a Waste Management Plan. 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 forty-three dollars ($43.00) 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.