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HomeMy WebLinkAboutSUPPLEMENTAL ITEM NO. 1 ZA 24-008 /0ee�00 Li's r0ift N Inter-Com DATE: JULY 11, 2024 TO: JUSTINA L. WILLKOM, ZONING ADMINISTRATOR FROM: LEILA CARVER, SENIOR PLANNER CONSULTANT SUBJECT: REVISIONS TO ZAA NO. 24-008; CUP-2024-0003 (225 W. MAIN STREET) The following minor revisions to the Conditions of Approval (COA) No. 1.9, COA No. No. 2.3, COA No. 2.7, and COA No. 2.0, and newLy added GOA Ne. 2.11 are made to Exhibit A of ZAA No. 24-008. Attachment B includes these changes to the COA for this project: COA No. 1.9 (Original COA): Any modification to existing tenant space, including interior walls, partitions, and/or plumbing fixtures, will require a building permit. (REVISED COA - Minor additions are underlined and deletions are red-lined): Any modification to existing tenant space, including interior walls, partitions, and/or plumbing fixtures, will require a building permit. ,P-llecase—GGRtaGt +he GGMM unity Deyelepmon4 vepaFtmT n4 B 1ildinn DiV0609R,GhG i�961 Re rl�T r nlnrifinn4irn COA No. 2.3 (Original COA): If, in the future,the City's Community Development Director, Police Chief, and/or Public Works Department determine that a traffic issue exists on the site or in the vicinity as a result of the facility, the Community Development Director, Police Chief, and/or Public Works Department may require that the applicant prepare a traffic analysis and the applicant shall bear all associated costs. If said study indicates that there is inadequate capacity on-site,the applicant shall be required to provide measures to be reviewed and approved by the Community Development Department, Police Chief, and/or Public Works Department. Said mitigation measures may include, but are not limited to,the following: a) Establish alternative drop off/pick-up hours. b) Update the traffic management plan. 21 age July 11, 2024 Revisions to ZAA No. 24-008 (REVISED COA - Minor additions are underlined and deletions are red-lined): If, in the future, the City's Community Development Director, Police Chief, and/or Public Works Department determine that a traffic and/or parking issue exists on the site or in the vicinity, as a result of the facility, the Community Development Director, Police Chief, and/or Public Works Department may require that the applicant prepare a traffic analysis and the applicant shall bear all associated costs. If said study indicates that there is inadequate capacity on-site, the applicant shall be required to provide measures to be reviewed and approved by the Community Development Department, Police Chief, and/or Public Works Department. Said mitigation measures may include, but are not limited to, the following: a) Establish alternative drop off/pick-up hours. b) Update the traffic management plan. c) Provide additional parking (whether on-site or off-site). COA No. 2.7 (Original COA): Business hours are limited to the following: Maximum Maximum students Faculty/staff and School hours (8:30 a.m. — 3:00 and hours (8:00 a.m. — 5:00 P.M.) p.m.) Monday Up to 168 students Up to 12 Friday plus 12 faculty/staff Faculty/staff on-site. 3 1 P a g e July 11, 2024 Revisions to ZAA No. 24-008 (REVISED COA - Minor revisions are underlined and deletions are red-lined): Business hours are limited to the following: Maximum students Maximum and School hours Faculty/staff (8:00 a.m. � . - and hours .3!00 p�3:30 p.m.) p r80 j a.m. - 5:00 Monday Up to 168 students Up to 12 Friday plus 12 faculty/staff Faculty/staff on-site. School operation, including drop off/pick up, and other uses occurring during the operation of school activities (inclusive of their drop off/pick up), shall all be conducted on-site. If impacts to surrounding streets occur as a result of the facility, or in conjunction with other on-site uses, the applicant shall be required to provide measures to be reviewed and approved by the Community Development Director, Police Chief, and/or Public Works Department. Said remedial measures may include, but are not limited to: a) Staggering drop off and pick up time(s). b) Provision of off-site parking. COA No. 2.9 (Original COA): Should a church-related event occur during school hours (i.e. church event such as a wedding or funeral), the applicant shall coordinate with the property owner to arrange an alternative parking plan and/or drop-off/pick-up plan prior to the day of the event. (REVISED COA - Minor additions are underlined and deletions are red-lined): The approval authorizes the existing day care and the proposed Cmaino Schools to operate concurrently during school hours. Should a church-related event occur during school hours (i.e. church event such as a wedding or funeral), the applicant shall coordinate with the property owner to arrange an alternative parking plan and/or drop- off/pick-up plan prior to the day of the event. Attachment: ZAA No. 24-008 (Redlined) ZONING ADMINISTRATOR ACTION 24-008 CONDITIONAL USE PERMIT 2024-0003 225 W. MAIN STREET 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 (CUP) 2022-0003 was filed by Chris Weir from Camino Schools, to establish a Private K-8 School (Camino Schools) in an existing 4,350 square foot classroom building located at 225 W. Main Street. B. That the proposed land use is consistent with the Tustin City Code (TCC) and General Plan. C. That the property is designated as Downtown Commercial Core Specific Plan (DCCSP) by the City's General Plan, is zoned DCCSP (SP-12), and located within Development Area 4 (DA-4) of the DCCSP, which allows a variety of commercial and civic uses. D. That pursuant to DCCSP Table 3.1, Commercial Permitted Use Table, private schools are not listed as a permitted use. The subject site was approved for School use in 1966, and is presently used as a School. Therefore, the site is a legal non-conforming use. E. That in accordance with TCC Section 9299b3(f), the Zoning Administrator is authorized to consider CUPs for existing developments where there would be no change in primary use, no expansion of floor area, and the request would not alter the original intent of the project or site. F. That a public hearing was duly called, noticed, and held for CUP 2024-0003 on July 11, 2024, by the Zoning Administrator. G. 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, in that: 1) The provisions of the DCCSP (SP-12) for DA-4 allow a variety of commercial and civic uses including private schools. The proposed Private School is a conditionally permitted use in DA-4 pursuant to the DCCSP Table 3.1, Commercial Permitted Use Table. CUP 2024-0003 July 11, 2024 Page 2 2) No impacts to residential properties or other sensitive uses are anticipated as the project site is predominantly surrounded by commercial uses, with residential uses to the west of the property. 3) As conditioned, the proposed use would be compatible with the surrounding commercial and residential uses. The applicant would be required to notify and receive approval from the Community Development Director prior to any proposed changes to the operation or use of the facility. 4) The facility is in an existing building with independently accessible classrooms and a shared parking lot. As conditioned, the proposed use would not result in any parking impacts based on the parking requirements for private school uses, which require two (2) parking spaces per classroom, in addition to adequate drop off and loading areas, per the TCC. Forty-three (43) parking spaces are provided on-site for use by the existing Fellowship Hall, Sanctuary, existing childcare center, and the proposed school. As conditioned, the applicant would be required to notify and receive approval from the Community Development Director prior to changing the operation or use of the facility, therefore no parking impacts are anticipated. 5) As conditioned, CUP 2024-0003 may be reviewed by the Community Development Director, if necessary, to ensure compatibility with surrounding uses. If the use is not operated in accordance with the Conditions of Approval provided herein, or is found to be a nuisance or cause negative impacts to surrounding uses, the Community Development Director has the authority to impose additional conditions to eliminate the nuisance or negative impacts or may initiate proceedings to revoke the CUP. 6) The City's Police Department, Public Works Department, and Building Division have reviewed the application and have no immediate concerns. H. This project is Categorically Exempt pursuant to Section 15301 (Class 1) of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Zoning Administrator hereby approves CUP 2024-0003, a request to establish a Private K-8 School (Camino Schools) in an existing 4,350 square foot Classroom building located at 225 W. Main Street, subject to the conditions contained within Exhibit A, attached hereto. CUP 2024-0003 July 11, 2024 Page 3 PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin, at a regular meeting on the 11th day of July 2024. JUSTINA L. WILLKOM ZONING ADMINISTRATOR VERA HURTADO RECORDING SECRETARY STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, VERA HURTADO, 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. 2024-008 passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 11th day of July, 2024. VERA HURTADO RECORDING SECRETARY EXHIBIT A CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT (CUP) 2024-0003 225 W. MAIN STREET GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped July 11, 2024, on file with the Community Development Department, as herein modified, or as modified by the Community Development Director in accordance with this Exhibit. The Community Development Director may also approve subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code (TCC). (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified, subject to review and approval by the Community Development Department. (1) 1.3 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 and associated fee is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.4 Approval of CUP 2024-0003 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 Community Development Director and evidence of recordation shall be provided to the Community Development Department. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Exhibit A Conditions of Approval CUP 2022-0003 (1) 1.5 Any violation of any of the conditions imposed is subject to the issuance of an Administrative Citation pursuant to TCC Section 1162(a). (1) 1.6 CUP 2024-0003 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. The Community Development Director shall review the use to ascertain compliance with the Conditions of Approval. If the use is not operated in accordance with CUP 2024-0003 or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the Community Development Director shall impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the CUP. (1) 1.7 As a condition of approval of CUP 2024-0003, 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 the defense of any such action under this condition. (1) 1.8 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney's fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. (1) 1.9 Any modification to existing tenant space, including interior walls, partitions, and/or plumbing fixtures, will require a building permit. Plo-aGo nr_n4;;n4 Oho GGMMi inity DeV pMeRt cep'�T Rt Ri 1ildiRg DiVioiGR,GhGi 1l�961 Reed i i frthor nlarifiGatiGR "� Exhibit A Conditions of Approval CUP 2022-0003 (1) 1.10 Construction and Demolition Waste Recycling and Reduction Plan (WRRP). (a) The applicant/contractor is required to submit a WRRP to the Public Works Department. The WRRP must indicate how the applicant will comply with the City's requirement (City Code Section 4351, et al) to recycle at least sixty-five (65) percent of the project waste material or the amount required by the California Green Building Standards Code. (b) The applicant will be required to submit a fifty dollar ($50.00) application fee and a cash security deposit. Based on the review of the submitted Waste Management Plan, the cash security deposit will be determined by the Public Works Department in amount of five (5) percent of the project's valuation as determined by the Building Official, rounded to the nearest thousand. The deposit amount will be collected in accordance with the TCC. Prior to issuance of any permit, the applicant shall submit the required security deposit in the form of cash, cashier's check, personal check, or money order made payable to the "City of Tustin". USE RESTRICTIONS (***) 2.1 The applicant is authorized to establish and operate a private K-8 School (Camino Schools) within an existing classroom building at the Tustin Presbyterian Church Campus located at 225 W. Main Street. (1) 2.2 No signs or other forms of advertising or attraction may be placed on the site without approval from the Community Development Department. (1) 2.3 If in the future the City's Community Development Director, Police Chief, and/or Public Works Department determine that a traffic and/or parking problem exists on the site or in the vicinity as a result of the facility, the Community Development Director, Police Chief, and/or Public Works Department may require that the applicant prepare a traffic analysis and the applicant shall bear all associated costs. If said study indicates that there is inadequate capacity on-site, the applicant shall be required to provide measures to be reviewed and approved by the Community Development Department, Police Chief, and/or Public Works Department. Said mitigation measures may include, but are not limited to, the following: a) Establish alternative drop off/pick-up hours. b) Update the traffic management plan. c) Provide additional parking (whether on- or off-site). Exhibit A Conditions of Approval CUP 2022-0003 (1) 2.4 Occupancy in the tenant space shall be limited to 180, inclusive of up to 168 students, and 12 faculty/staff at any given time based on the operations letter and parking summary provided. Should additional capacity be proposed, the applicant must submit an updated parking summary and operations letter to the Community Development Department for review and approval prior to the commencement of the modified operation. The following table provides the maximum number of students by grade and classroom: Room: Grades: Maximum #: 102 Kindergarten 12 104 1-2 24 202 3-4 44 204 7-8 44 20 5-5 =4 -_z08 Admin/Flex Space MAXIMUM STUDENT COUNT: 168 MAXIMUM FAC/STAFF COUNT: 12 Based on the California Building code (CBC) and previously approved plans for the same building, the second level (second floor) is not approved for Grade 2 or lower (including use of restroom facilities and multi-purpose room on the second floor). (1) 2.5 All activities shall be located within an enclosed building. (1) 2.6 No change or alteration of the tenant space shall occur without 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 permit by either the Zoning Administrator or the Planning Commission. Exhibit A Conditions of Approval CUP 2022-0003 (1) 2.7 Business hours are limited to the following: Maximum students Maximum and School hours Faculty/staff and hours (8:00 a.m. 8:30�r. - 8 a.m. - 5:00 3!00-p�r3:30 p.m.) pr0) Monday Up to 168 students Up to 12 Friday plus 12 faculty/staff Faculty/staff on-site. School operation, including drop off/pick up, and other uses occurring during the operation of school activities (inclusive of their drop off/pick up), shall all be conducted on-site. If impacts to surrounding streets occur as a result of the facility, or in conjunction with other onsite uses, the applicant shall be required to provide measures to be reviewed and approved by the Community Development Department, Police Chief, and/or Public Works Department. Said remedial measures may include, but are not limited to: a) Staggering drop off and pick up time(s). b) Provision of off-site parking. (1***) 2.8 A new trash enclosure will be required within the Tustin Presbyterian Church (TPC) site within one (1) year of approval of the CUP. Trash enclosures shall be designed with a solid roof and be able to accommodate at least two (2) 4-yard bins, with at least one (1) bin reserved for recyclable materials, and space for a container for the collection of organic materials. An accessible path of travel to trash enclosure would be required. (***) 2.9 The approval authorizes the existing day care and the proposed Cmaino Schools to operate concurrently during school hours. Should a church- related event occur during school hours (i.e. church event such as a wedding or funeral), the applicant shall coordinate with the property owner to arrange an alternative parking plan and/or drop-off/pick-up plan prior to the day of the event. (***) 2.10 The applicant or operator shall utilize the drop off and pick up location as described in the drop off/pick up plan on file with the Community Development Department. Any changes shall be reviewed and approved by the Community Development Director. Exhibit A Conditions of Approval CUP 2022-0003 ORANGE COUNTY FIRE AUTHORITY (OCFA) SERVICE REQUEST (SR) #298572 (1) 3.1 Prior to issuance of a building permit, if permits are required by the City of Tustin that initiate an architectural plan reviewing an egress analysis or change of use, OCFA must review all California State Fire Marshal regulated occupancies. Architectural Plans (service codes PR200-PR285). FEES (1, 5) 4.1 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 fifty dollars ($50.00) 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.