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HomeMy WebLinkAboutZA 97-004/CUP 97-003 1 2 3 ZONING ADMINISTRATOR ACTION 97-004 CONDITIONAL USE PERMIT 97-003 MARCH 17, 1997 The Zoning Administrator of the City of Tustin does hereby resolve 4 as follows: 5 I . 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The Zoning Administrator finds and determines as follows: A. That a proper application for Conditional Use Permit 97- 003 was filed by Damon Caruana. requesting authorization .to establish a computer training school within an existing office suite located at 17671 Irvine Boulevard, Suite 211. B. That the proposed use is allowed within the Pr, Professional District, with the approval of a Conditional Use Permit. C. That a public hearing was duly called, noticed and held on said application on March 17, 1997 by the Zoning Administrator. D. 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. The proposed curriculum is limited to training in the operation of personal computers and related programs and accessories, which is consistent and compatible with the other office uses on the subject property and adjacent properties. 2. The intensity .of use is compatible with the surrounding office uses in that the class size is limited to ten (10) students per session which can be accommodated within the tenant space. 3. Adequate on-site parking is provided on the subject property to accommodate the proposed use in that, pursuant to the Tustin City Code, the aggregate parking requirement for the uses authorized on the subject property, including the use proposed under this Conditional Use Permit, is 120 spaces, and 120 on-site parking spaces are provided on the subject property. Zoning Administrator Action 97-004 Page 2 1 2 E. That this proj ect is Categorically Exempt from the requirements of the California Environmental Quality Act, pursuant to Section 15301 (Class 1). 3 4 F. That the project has been reviewed for consistency with the Air Quality Sub-element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub-element. 5 6 II. The Zoning Administrator hereby approves Conditional Use 7 Permit 97-003 authorizing the establishment of a computer training school within an existing office suite located at 8 17671 Irvine Boulevard, Suite 211, subject to the conditions contained within Exhibit A, attached hereto. 9 10 PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular meeting held on the 17th day of March, 1997. 11 QQ c~6t) 12 13 RICK BROWN, C.B.O. Zoning Administrator Designee 14 BARBARA RE~ Recording Secretary 1 17 18 STATE OF CALIFORNIA COUNTY OF ORANGE 19 CITY OF TUSTIN 20 I, BARBARA REYES, the undersigned, hereby certify that I am the 21 Recording Secretary of the Zoning Administrator of the City of Tustin, California; that Zoning Administrator Action No. 97-004 was 22 duly passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 17th day of March, 1997. 23 24 BARBARA REYES 25 Recording Secretary 26 27 28 EXHIBIT A ZONING ADMINISTRATOR ACTION 97-004 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 97-003 GENERAL (1) 1.1 The proposed proj ect shall substantially conform wi th the submitted plans date stamped March 17, 1997, on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development Department in accordance with this Exhibit. (1) 1.2 Conditional Use Permit approval shall become null and void unless the authorized computer training instruction commences within twelve (12) months of the date of this exhibit. Time extensions may be granted by the Community Development Department if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.3 The granting of this Conditional Use Permit does not relieve the applicant, or any successors thereto, from the obligation to obtain all necessary licenses, certifications or permits as required from all applicable county, state and/or federal agencies for the establishment of private educational programs. The conditions set forth in this Exhibit do not supersede, nor shall they be superseded by, the requirements set forth by any other licensing agency. (1) 1.4 Approval of Conditional Use Permit 97-003 is contingent upon the applicant signing and returning an "Agreement to Conditions Imposed" form as established by the Director of Community Development. (1) 1.5 The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of a challenge of the City's approval of this project. ------------------------------------------------------------- SOURCE CODES (1) (2) (3) (4) STANDARD CONDITION CEQA MITIGATION UNIFORM BUILDING CODE/S DESIGN REVIEW (5) RESPONSIBLE AGENCY REQUIREMENT (6) LANDSCAPING GUIDELINES (7) PC/CC POLICY *** EXCEPTION Exhibit A CUP 97-003 Zoning Administrator Action 97-004 Page 2 USE RESTRICTIONS *** 2.1 The curriculum authorized under this Conditional Use Permit is strictly limited to computer training. Any modification to the curriculum shall first require the approval of an amendment to this Conditional Use Permit and shall be subj ect to the regulations, application fees and submittal requirements in effect at the time that the amendment is proposed. *** 2.2 No more than ten (10) students may be enrolled per classroom session at anyone time, with no more than one (1) instructor provided; or, for each additional instructor, the maximum number of students allowed shall be reduced by two (2) students. Any increase in classroom size shall first require the approval of an amendment to this Conditional Use Permit and shall be subject to the regulations, application fees and submittal requirements in effect at the time that the amendment is proposed. In addition, any proposal to increase classroom size shall be required to include provisions for additional off-street parking. (3) 2.3 In addition to the enrollment limitation identified in Condition 2.1, the maximum occupancy of the classroom shall be twenty (20) square feet per occupant. *** 2.4 Classroom sessions shall be limited to the hours of 8:00 a.m. to 9:00 p.m., Monday through Sunday. (4) 2.5 All building locking devices added to the premises shall meet those requirements as set forth in the Building Security Code. (4) 2.6 Applicant shall obtain all necessary permits from the Building Department prior to construction of any improvements that require a permit pursuant to the Uniform Building Code and Tustin Municipal Code. (5) 2.7 All exterior signs, including any change of copy, require review and approval by the Community Development Department, and may require a building permit, prior to installation. Exhibit A CUP 97-0'0'3 Zoning Administrator Action 97-0'0'4 Page 3 FEES (1) 3.1 Prior to the issuance of any building or sign permits, payment shall be made of all applicable building plan check and permit fees and sign design review fees to the Community Development Department. (1) 3.2 Within forty-eight (48) hours 6f approval of the subject (5) project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of $38.00 (thirty-eight dollars) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period that 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.