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HomeMy WebLinkAboutZA ACTION 04-002 ZONING ADMINISTRATOR ACTION 04-002 CONDITIONAL USE PERMIT 03-020 The Zoning Administrator of the City of Tustin does hereby resolve as follows: I. The Zoning Administrator finds and determines as follows: A. That a proper application for Conditional Use Permit 03-020 was filed by Myung J. Kim, on behalf of ADCON Technical Institute, requesting authorization to conduct computer skills instruction with two (2) instructors for eight (8) students in an existing 1,691 square foot tenant space located in an office complex at 17821 1th Street, Suite 120. B. That the proposed use is allowed within the Planned Community Professional (PCPr) zoning district, with the approval of a Conditional Use Permit, and consistent with the Planned Community Commercial/Business land use designation of the City of Tustin General Plan, which provides for a variety of commercial uses. In addition, 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. Section 9231d of the Tustin City Code (TCC) allows instructional schools within the PCPr District with approval of a Conditional Use Permit (CUP). Section 9299b(3)(e) of the TCC allows the Zoning Administrator to review, approve with conditions, or deny minor CUPs 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. Based on the number of students and instructors (10 total), the proposed use will not change the occupancy of the suite. Floor area is not being added to the suite or building. The parking, trip generation, and use will maintain the same characteristics as an office and; therefore, the request will not alter the original intent of the project site. C. That a public hearing was duly called, noticed and held on said application on January 20, 2004 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 would be located in a large office complex and, as conditioned, would not be detrimental to surrounding properties in that the hours of operation, number of students, number of instructors, and scope of operations for the proposed computer skills classes would be compatible and consistent with the office uses in the center and with the office and school uses of nearby properties. Zoning Administrator Action No. 04-002 January 20, 2004 Page 2 2. The proposed use, as conditioned, would not result in parking impacts since classes would be conducted for a maximum eight (8) students with two (2) instructors at any time, which requires fewer parking spaces than would an office use of the 1,691 square foot space. The Traffic Engineer has reviewed the proposed use and has determined that with the occupancy restrictions included as Condition 2.1 of Zoning Administrator Action No. 04-002, the parking and trip demands of the classroom use is roughly equivalent to that of an office use. E. This project is Categorically Exempt pursuant to Section 15301 (Class 1), Title 14, Chapter 3, of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Zoning Administrator hereby approves Conditional Use Permit No. 03-020 authorizing ADCON Technical Institute to conduct computer skills instruction with two (2) instructors for eight (8) students at anyone time in an existing 1,691 square foot tenant space located in an office complex at 17821 1 yth Street, Suite 120, 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 20th day of January 2004. ~~ ELOISE HA RECORDING SECRETARY &2~k7L4~n'-_/1:. ELIZABETH A. BINSACK ZONING ADMINISTRATOR 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. 04-002 passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 20th day of January, 2004. ~r;;t~ ELOISE HARR Recording Secretary ZONING ADMINISTRATOR ACTION NO. 04-002 EXHIBIT A CONDITIONAL USE PERMIT 03-020 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped on January 20, 2004, the date of approval, 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 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 All conditions 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 03-020 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 As a condition of approval of Conditional Use Permit 03-020, 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. (1) (2) (3) (4) ... SOURCE CODES STANDARD CONDITION CEQA MITIGATION UNIFORM BUILDING CODE/S DESIGN REVIEW EXCEPTIONS (5) RESPONSIBLE AGENCY REQUIREMENTS (6) LANDSCAPING GUIDELINES (7) PC/CC POLICY Zoning Administrator Action No. 04-002 Exhibit A January 20, 2004 Page 2 (1) 1.6 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) 1.7 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. (***) 1.8 Conditional Use Permit 03-020 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 *** (4) (1 ) (1 ) (1 ) (1 ) (1 ) 2.1 A maximum of eight (8) students and two (2) instructors (10 persons) shall be in the tenant space at any given time. The property owner or business owner may submit a written request, with supporting documentation warranting an increase in students or instructors, to the Community Development Director for an administrative amendment to the conditional use permit if a parking demand analysis is submitted demonstrating that sufficient parking will be provided based on additional parking becoming available. 2.2 Hours of operation for the classroom instruction shall be limited to between 8:00 a.m. to 10:00 p.m. daily. 2.3 No congregation in the parking area or walkways is allowed in association with the use. 2.4 The subject property shall be maintained in a safe, clean, and sanitary condition at all times. The applicant is responsible for collection of any trash associated with the proposed project or its participants. 2.5 No signs or other forms of advertising or attraction may be placed on the site without approval from the Community Development Department. 2.6 No exterior public pay telephones, coin-operated video games, or vending items are permitted. 2.7 If in the future the City determines that a parking, traffic, or noise problem exists on the site or in the vicinity as a result of the proposed project, the Community Development Director may require the applicant to prepare a parking demand analysis, traffic study, or noise analysis and the applicant Zoning Administrator Action No. 04-002 Exhibit A January 20, 2004 Page 3 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 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 persons allowed in the facility at any given time. (1) 2.8 No change or alteration of the tenant space shall occur without prior approval of the Community Development Director. Major modifications to the floor area, services, and/or operation of the business may require consideration of a new Conditional Use Permit. (2) 3.1 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 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 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.