HomeMy WebLinkAboutZA 98-004/CUP 98-004
1 ZONING ADMINISTRATOR ACTION 98-004
CONDITIONAL USE PERMIT 98-004
2 APRIL 20, 1998
3 The Zoning Administrator of the City of Tustin does hereby resolve
as follows:
4
5
I. The Zoning Administrator finds and determines as follows:
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
A.
That a proper application, Conditional Use Permit 98-004,
was filed by Ability Plus School to authorize the
establishment of administrative and tutoring offices
appurtenant to an existing school, in an existing office
building located at 181 El Camino Real.
B.
Pursuant to City Code Section 9299(b) (3) (e), the Zoning
Administrator has the authority to approve Conditional
Use Permit applications for office-type uses appurtenant
to schools.
C.
That on September 28, 1992 Conditional Use Permit 92-027
and Variance 92-007 were approved by the Planning
Commission, authorizing the establishment of 100% office
uses in the office center at 181, 183 and 185 El Camino
Real and reducing the number of required parking spaces
at the center from 19 to 15.
D.
That on July 14, 1997, the Planning Commission approved
Conditional Use Permit 96-034(a) by adopting Resolution
No. 3532, which authorized the establishment of Ability
Plus School at 220 El Camino Real.
E.
That a public hearing was duly
on said application on April
Administrator.
called, noticed and held
6, 1998 by the Zoning
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.
All actual
Ability Plus
Camino Real.
classroom functions will occur at
School's primary location at 220 El
2 .
The proposed use does not authorize an increase in
the size of the student body of Ability Plus
School.
Zoning Administrator Action 98-004
Page 2
1
2
3
4
5
6
7
8
9
10
II.
11
12
13
3. Adequate on-site parking is provided on the subject
property to accommodate the proposed use in that,
Conditional Use Permit 92-027 authorized 100%
office use at the subject location and Variance 92-
007 reduced the required parking at the subject
location from 19 spaces to 15 spaces.
G. That this project is Categorically Exempt from the
requirements of the California Environmental Quality Act,
pursuant to Section 15301 (Class 1).
H. 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.
The Zoning Administrator hereby approves Conditional Use
Permit 98-004 authorizing the establishment of administrative
and tutoring office space appurtenant to Ability Plus School,
in an existing office space located at 181 El Camino Real,
subject to'the conditions contained within Exhibit A, attached
hereto.
14
15
PASSED AND ADOPTED by the Zoning Administrator of the City of
Tustin at a regular meeting held on the 20th day of April, 1998.
16
a~/1/:~~~~- -I:.
ELIZABETH A. BINSACK
Zoning Administrator
17
18
19
cfrzt.lOo 0 J'M~~--,
KATHLEEN MARTIN
Recording Secretary
20
21
STATE OF CALIFORNIA
22 COUNTY OF ORANGE
CITY OF TUSTIN
23
I, KATHLEEN MARTIN, the undersigned, hereby certify that I am the
24 Recording Secretary of the Zoning Administrator of the City of
Tustin, California; that Zoning Administrator Action No. 98-004 was
25 duly passed and adopted at a regular meeting of the Tustin Zoning
Administrator, held on the 20th day of April, 1998.
26
27 ~JW4-~/
28 KATHLEEN RTIN
Recording Secretary
EXHIBIT A
ZONING ADMINISTRATOR ACTION 98-004
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT 98-004
GENERAL
(1) 1.1 The proposed project shall substantially conform with the
submitted plans date stamped April 20, 1998, 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 office uses commence 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 98-004 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.
*** 1.6 Conditional Use Permit 98-004 may be reviewed to ensure
compliance with conditions of approval, and reviewed by
the Zoning Administrator on a six (6) month basis, or
more often if necessary, to ensure that no conflicts have
arisen as a result of the operation of the facility. If
violations of conditions exist, or if the use is found to
be a nuisance or create negative impacts on the
surrounding properties, the Zoning Administrator may
impose additional conditions to eliminate the negative
effects, or may initiate proceedings to revoke the
Conditional Use Permit.
-------------------------------------------------------------
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
Exhibi t A
Conditional Use Permit 98-004
Zoning Administrator Action 98-004
Page 2
1.7 The applicant shall hold harmless and defend the City of
Tustin from all claims and liabilities arising as a
result of the operations of the facility at 181 El Camino
Real, including the transporting of children to and from
the facility.
USE RESTRICTIONS
***
*** 2.1 The uses authorized under this Conditional Use Permit are
strictly limited to office uses, including administrative
and instructor-student tutoring activities. Classroom-
type activities are prohibited on the subject property.
*** 2.2 The number of students receiving tutoring or counselling
at the facility shall be limited to a maximum of five (5)
students at anyone time.
*** 2.3 All activities and uses at the subject property are
subject to the Conditions of Approval for Conditional Use
Permit 96-034 (a), contained in Exhibit A of Planning
Commission Resolution No. 3532 and incorporated herein by
reference.
*** 2.4 The subject location is considered separate from the
school location at 220 El Camino Real. Use of the
building square footage or provided parking at 181 El
Camino Real shall not be utilized as justification for an
increase in school enrollment. Any increase in school
enrollment shall first require the approval of an
amendment to Conditional Use Permit 96-034(a) and shall
be subj ect 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.
*** 2.5 Tutoring activities shall be limited to the hours of 7:00
a. m. to 6: 30 p. m., Monday through Friday, which are
consistent with. the operational hours of the school.
*** 2.6 All students shall be escorted by an adult over the age
of 18 to and from these premises.
(4) 2.7 All building locking devices added to the premises shall
meet those requirements as set forth in the Building
Security Code.
(4)
2.8
Applicant shall obtain all necessary permits from
Building Department prior to construction of
improvements that require a permit pursuant to
Uniform Building Code and Tustin Municipal Code.
the
any
the
Exhibi t A
Conditional Use Permit 98-004
Zoning Administrator Action 98-004
Page 3
(5) 2.9 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.
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 of 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.