HomeMy WebLinkAboutZA 99-004/CUP 98-036
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ZONING ADMINISTRATOR ACTION 99-004
CONDITIONAL USE PERMIT 98-036
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 98-036, was filed by
Beth McDade, requesting authorization to expand an existing nursery and
elementary school into a 930 square foot suite located at 250 EI Camino
Real #114, and increase enrollment from sixty-four (64) students and eight
(8) staff members to one hundred forty (140) students and eleven (11) staff
members.
B. That the proposed use is allowed within the Central Commercial (C-2 P)
Zoning District, with the approval of a Conditional Use Permit.
C. That a public hearing was duly called, noticed and held on said application
on May 18, 1999 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 use, as conditioned, will not be detrimental to the
surrounding properties in that the school can be accommodated on
the subject property without substantial exterior modifications being
required.
2. As conditioned, the use will not have a negative effect on
surrounding property owners, or impact the availability of parking in
that a parking demand analysis was performed which demonstrated
that at peak usage under current enrollment levels, there were
twenty-one (21) surplus parking spaces available. At the applicable
parking ratio of one (1) loading space for each eight (8) students and
one (1) space for each staff member, the proposed expansion would
only require an additional five (5) spaces over the current enrollment
levels. A condition of approval is included in Zoning Administrator
Action 99-004 requiring the school to have any future expansion of
enrollment or staff approved by the Community Development
Director. Further, should there be a problem with inadequacy of
parking or traffic circulation, the applicant will be required to prepare
a formal traffic and parking demand analysis identifying and
implementing mitigation measures required by the City.
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Zoning Administrator Action 99-004
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3.
As conditioned, the use is compatible with and may support existing
uses in the surrounding neighborhood.
That this project is Categorically Exempt from the requirements of the
California Environmental Quality Act, pursuant to Section 15301 (Class 1).
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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.
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II.
The Zoning Administrator hereby approves Conditional Use Permit No. 98-036
authorizing the expansion of an existing nursery and elementary school into 250 EI
Camino Real, Suite #114 and the increase in enrollment from sixty-four (64)
students and eight (8) staff members to one hundred forty (140) students and
eleven (11) staff members, subject to the conditions contained within Exhibit A,
attached hereto.
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PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular
meeting held on the 18th day of May, 1999.
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A --
I B TH A. BIKlSACK
Zoning Administrator
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STATE OF CALIFORNIA)
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, KATHY MARTIN, 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. 99-004 passed and adopted at a regular meeting of the Tustin Zoning Administrator,
held on the 18th day of May, 1999.
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KATHY, ARTIN
Recording Secretary
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***
(1 )
(1 )
(1 )
EXHIBIT A
ZONING ADMINISTRATOR ACTION 99-004
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT 98-036
GENERAL
(1 )
1.1 The proposed project shall substantially conform with the submitted plans
date stamped May 18, 1999, 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.
1.2 Conditional Use Permit approval shall become null and void unless the
authorized use 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.
1.3 Approval of Conditional Use Permit 98-036 is contingent upon the applicant
signing and returning an "Agreement to Conditions Imposed" form as
established by the Director of Community Development.
1.4 Conditional Use Permit 98-036 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 if found to be a nuisance or create negative impacts on
the surrounding uses, the Zoning Administrator may impose additional
conditions to eliminate the negative effects, or may initiate proceedings to
revoke the Conditional Use Permit.
(1 )
(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 Any violation of any of the conditions imposed is subject to the imposition of
a civil penalty of $100.00 for each violation and each day the violation
exists.
1.7 The applicant shall be responsible for costs associated with any necessary
code enforcement action.
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SOURCE CODES
(1)
(2)
(3)
(4)
STANDARD CONDITION
REQUIREMENT
CEQA MITIGATION
UNIFORM BUILDING CODEtS
DESIGN REVIEW
(5)
(6)
(7)
***
RESPONSIBLE AGENCY
LANDSCAPING GUIDELINES
PCtCC POLICY
EXCEPTION
Exhibit A
Zoning Administrator Action 99-004
May 18,1999
Page 2
USE RESTRICTIONS
(5) 2.1 Ability Plus School is hereby limited to a maximum enrollment of one
hundred forty (140) students and a maximum often (10) staff members and
one (1) janitor. These levels may not be increased without prior approval
from the Community Development Director and submittal of a parking
demand analysis prepared by the applicant. Further, Suite 114 at 250 El
Camino Real shall be limited in use to diagnostic testing and office uses
with a maximum of twenty (20) students at anyone time.
(2) 2.2 Applicant shall revise and update any licenses or certificates to operate as
may be required by applicable regulatory agencies including, but not limited
to, community care licensing and the State of California Department of
Education.
(2) 2.3 If in the future the City is advised that a parking, traffic, or noise problem
exists on the site or in the vicinity as a result of the school, the Community
Development Director may require the applicant to prepare a parking
demand analysis, traffic study or noise analysis. 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 Zoning Administrator. Said mitigation measures may include, but are
not limited to, the following:
a. Adjust hours of operation.
b. Secure off-site parking from adjacent property owners.
c. Reduce student enrollment.
(2) 2.4 The applicant shall record a reciprocal access agreement authorized by all
property owners of record to ensure that the joint use of all lots by the
school shall continue for the duration of the school use.
(2) 2.5 All activities and uses at the subject location 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.
PLANS SUBMITTAL
(1 )
3.1
In compliance with the Tustin City Code and the Uniform Building Code
(Application for Permit), the applicant must submit building plans to the
Building Division for review and approval prior to the issuance of a building
permit if the applicant desires to construct tenant improvements.
Exhibit A
Zoning Administrator Action 99-004
May 18,1999
Page 3
(1) 3.2 In compliance with the California Code of Regulations, Title 24 Part 2,
Accessibility Standards, the applicant must provide designs for accessibility
for the physically challenged to the Building Division for their review and
approval prior to the issuance of a building permit.
(1) 3.3 In compliance with the Department of Justice (Office of the Attorney
General), accessibility for the proposed project shall be provided. The
designer, Architect or Engineer for the proposed project must comply with
the Americans with Disabilities Act (ADA) (Federal Register).
(3) 3.4 Classroom occupancy and restroom facilities shall will comply with the 1994
Uniform Building Code.
(2) 3.5 Applicant shall install pavement markings and signage to the parking space
in Lot 2 adjacent to the handicap access ramp, designating the space for
handicap use only.
(2) 3.6 Applicant shall fog seal and restripe the thirteen (13) spaces in Lot 2
adjacent to C Street to increase the legibility of the spaces.
FEES
(1) 4.1 Prior to issuance of any building permits, payment shall be made of all
applicable fees, including but not limited to the following. Payment shall
be required based upon those rates in effect at the time of payment and
are subject to change.
a) Building plan-check and permit fees to the Community Development
Department based on the most current schedule.
b) Orange County Fire Authority plan-check and inspection fees to the
Community Development Department based upon the most current
schedule.
(1) 4.2 Within forty eight (48) hours of approval of the subject project, the
applicant shall deliver to the Community Development Department, a
cashier 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) hours period
that applicant has not delivered to the Community Development
Exhibit A
Zoning Administrator Action 99-004
May 18,1999
Page 4
BE :99004Cup98036. doc
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.