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HomeMy WebLinkAbout03 PC REPORT CUP 2024-0012 WESTCLIFF LAW SCHOOL I AGENDA REPORT ITEM #3 MEETING DATE: DECEMBER 10, 2024 TO: PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CONDITIONAL USE PERMIT (CUP) 2024-0012 APPLICANT: PROPERTY OWNER: ANTHONY LEE STEVEN SHORT WESTCLIFF UNIVERSITY 15101 RED HILL PARTNERS, LLC 17877 VON KARMAN AVENUE 6850 BROCKTON AVENUE, SUITE 211 IRVINE, CA 92614 RIVERSIDE, CA 92508 LOCATION: 15101 RED HILL AVENUE GENERAL PLAN: PLANNED COMMUNITY COMMERCIAL/BUSINESS (PCCB) ZONING: PACIFIC CENTER EAST SPECIFIC PLAN (SP 11-PCESP) ENVIRONMENTAL STATUS: THE PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO SECTION 15301 (CLASS 1 — EXISTING FACILITIES) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT REQUEST: A CONDITIONAL USE PERMIT (CUP) TO AUTHORIZE THE ESTABLISHMENT OF A PROFESSIONAL SCHOOL (LAW SCHOOL) WITHIN AN EXISTING TWO-STORY 50,686 SQUARE FOOT OFFICE BUILDING RECOMMENDATION: That the Planning Commission adopt Resolution No. 4510, approving CUP 2024-0012 (Attachment 7) to authorize the establishment of a professional school (law school) within a two-story 50,686 square foot office building. Planning Commission Agenda Report CUP 2024-0012 December 10, 2024 Page 2 APPROVAL AUTHORITY: Tustin City Code (TCC) Section 9291 grants the Planning Commission the authority to consider requests for CUPs. Additionally, TCC Section 9291 authorizes the Planning Commission to consider and act on CUP requests for professional schools, BACKGROUND AND DISCUSSION: Site and Surrounding Properties The project site is located within the Office Center Planning Area 13 (PA-13) of the Pacific Center East Specific Plan (PCESP) and has a Planned Community Commercial/Business (PCCB) General Plan land use designation. The zoning and land use designation allow a variety of office and retail service uses. The subject property is approximately 2.33 acres and is located on the corner of Red Hill Avenue and Industrial Drive" The property is developed with an office building that has been vacant for approximately four months. The project site is surrounded by office uses to the north, industrial uses to the west and east, and educational uses to the south (see Figure 1). Figure 1 — Aerial View At � tF " r 7T, Project site: +� `" 15101 Red Hill Ave. ". +1 ;`, "+ * y r r, auk � ~� 'ASS' " o Planning Commission Agenda Report CUP 2024-0012 December 10, 2024 Page 3 Use Determination The Office Center Planning Area does not explicitly list professional schools as an allowable use; however, it does identify "training/technical schools" as uses permitted, subject to CUP approval. Section 4.4E of the PCESP states that uses not specifically listed may be determined by the Community Development Director as permitted or conditionally permitted uses. On May 23, 2024, the Community Development Director approved UD 2024-0001, determining that a professional school is a use similar to a "training/technical school", as it shares similar operational characteristics as a training/technical school, and therefore can be considered as a conditionally permitted use within the Office Center Planning Area (Attachment 5). Findings to support the use determination are provided in Resolution No. 4510 (Attachment 7). Project Description The applicant is requesting authorization to establish a professional school within an existing 50,686 square-foot, two-story office building. The law school will occupy the entirety of the building to support its academic and administrative functions. No exterior improvements are proposed as part of this CUP, as only interior modifications are needed to convert the office building into a professional school use. The school will consist of five key components as shown in Table 1 and illustrated in Figures 2A and 2B: Table 1-Layout of First Floor and Second Floor Facilities Quantity First floor Second Floor Classrooms 11 9 2 Moot/Courtroom 1 1 NIA Offices (Faculty, Staff, 53 14 39 Administration Law Libra 1 NIA 1 Student Stud S aces 23 1 22 The submitted application states that the proposed law school will operate as an American Bar Association (ABA) accredited institution with a maximum enrollment of 330 students. The school will offer both in-person and virtual classes that provide a flexible and comprehensive curriculum designed to develop the legal skills necessary for professional practice. Planning Commission Agenda Report CUP 2024-0012 December 10, 2024 Page 4 Figure 2A — Proposed First Floor Layout Plan FLM LEGEND f 115 QQ w �--- ——. I � USE LEGEND Ln di d EA V f r `I I _ I — I II O if ! -779 � ' S ®TEST FIT LAYOUT-15T FLp-- Planning Commission Agenda Report CUP 2024-0012 December 10, 2024 Page 5 Figure 2113— Proposed Second Floor Layout Plan PLAN LEGEND UEE LEGEND F_4�9 PEI�PZI PM FCT`� HM q­> EM' 7- -I- ........... D EM zl AJ Fg�R Feq FRO 44- L__J td vtij [A4J TEST FIT LAYOUT-2IN0 FLOOR Site Plan The primary entrance to the law school will be located at the front of the building, facing the on-site parking lot, as shown in Figure 3. The project site is accessible by two driveways along Industrial Drive as shown with the green arrows in Figure 3. Each driveway has a single entry into the site and a single left turn or right turn exit out of the site. On-site parking is available in a lot directly in front of the building entrance, which is screened from view by a combination of mature landscaping and trees surrounding the site. In addition to the surface parking area, the project site includes subterranean parking beneath the building, offering additional capacity for students, faculty, and staff. Planning Commission Agenda Report CUP 2024-0012 December 10, 2024 Page 6 Industrial Drive -- ---------- -------� , . M -- — — -----------1 - J - © Subterranean parking dot(55 parking spaces) Jr! �1 0 i EXISTING 2STORY i _ BUILDING s 4.i Main Entrance < ° � o I I I k I I I l l l l I"I 1 11 11 1 I.111y Surface parking lot(138 parking spaces) Figure 3 — Project Site Plan Hours of Operation and Staffing The proposed hours of operation for the law school are outlined in Table 2. During school hours, the campus will accommodate approximately 25 staff members at any given time, including both faculty and administrative personnel. A weekly schedule, which details classroom use by day and time, is included in the Operation Plan (Attachment 4). This schedule lists all classes held on campus during the morning, afternoon, and evening hours of each week. The weekly schedule also provides approximate virtual and in-person attendance and approximate staff and faculty during the key timeframes of the week. The weekly schedule shows that the proposed classes are staggered to allow for departing students to leave and arriving students to arrive without significant overlap and confirms that daily attendance does not exceed the total amount of parking required by TCC. A discussion of the parking requirements can be found in the next section of this report. Planning Commission Agenda Report CUP 2024-0012 December 10, 2024 Page 7 Table 2 — Hours of Operation Facilities Hours Days Classes 9:00 a.m. to 10.00 p.m. Monday to Thursday 9:00 a.m. to 1 :00 p.m. Friday Offices/Staff 9:30 a.m. to 7:00 p.m. Monda!y to Friday Library/ Study Areas 8:00 a.m. to 11.00 p.m. Monday to Friday 8:00 a.m. to 6:00 p.m. Saturday and Sunda ParkinglTraffic Pursuant to TCC 9263, colleges and universities are required to provide one parking space for every three students at maximum capacity of each classroom, plus one space for each faculty member and employee. The project site currently provides a total of 193 parking spaces, which includes 138 surface parking spaces and 55 subterranean spaces. With a maximum student capacity of 330 students and a maximum of 25 faculty and administrative staff, the school requires a total of 135 parking spaces. Specifically, 110 spaces are required for students and 25 spaces for faculty and staff. As currently provided on-site, the site exceeds the required parking for college or university use. Furthermore, a Trip Generation and Vehicle Miles Traveled (VMT) Assessment (Attachment 6) was submitted by Linscott, Law & Greenspan, Engineers (LLG) on behalf of the applicant (Attachment 6), which concluded that the proposed project would not require a traffic impact study and will have no significant CEQA related transportation impacts. As such, no further analysis is required. Environmental Review This project is Categorically Exempt pursuant to Section 15301 (Class 1 — Existing Facilities) of the California Code of Regulations (Guidelines for the California Environmental Quality Act). CONCLUSION: Based on the findings provided, staff recommends that the Planning Commission adopt Resolution No. 4510 approving CUP 2024-0012, authorizing the establishment of a law school at 15101 Red Hill Avenue. Planning Commission Agenda Report CUP 2024-0012 December 10, 2024 Page 8 Prepared by: i' alman, Assistant Planner Approved by: Ra m4arragan, Principal Planner ilAt-ina L. Willkom, Community Development Director Attachment(s): 1. Location Map 2. Land Use Fact Sheet 3. Submitted Plans 4. WSCL Sample Schedule 5. Use Determination UD 2024-0001 6. Trip Generation and Vehicle Miles Traveled Assessment 7. Resolution No. 4510 Exhibit A — Conditions of Approval ATTACHMENT 1 Location Map 15101 Red Hill Avenue CUP 2024-0012 x. 300 ft. ri fy 500 ft. 1000 ft. i ♦ ♦ ♦ Npt` >, ♦♦ Y F 'i 300 ft, 500 ft, and 1000 ft Radius Map ATTACHMENT 2 LAND USE APPLICATION FACT SHEET 1. LAND USE APPLICATION NUMBER(S): CUP-2024-0012 2. LOCATION: PORTION OF 15101 RED HILLAVENUE 3. ADDRESS: 15101 RED HILLAVENUE 4. APN: 434-262-04 5. PREVIOUS APPLICATION RELATING TO THIS PROPERTY: a. DESIGN REVIEW (DR) 00-032 ESTABLISHMENT OF A ROOF-MOUNTED WIRELESS COMMUNICATION FACILITY ON AN EXISTING OFFICE AND b. USE DETERMINATION (UD) 2024-0001 TO ALLOW A PROFESSIONAL SCHOOL (LAW SCHOOL)WITHIN THE OFFICE CENTER PLANNING AREA(PLANNING AREA 13) 6. SURROUNDING LAND USES: NORTH: OFFICE SOUTH: EDUCATIONAL EAST: INDUSTRIAL WEST: INDUSTRIAL 7. SURROUNDING ZONING DESIGNATION: NORTH: SP 11 (PACIFIC CENTER EAST SPECIFIC PLAN) SOUTH: SP 1 (TUSTIN LEGACY SPECIFIC PLAN) EAST: M (INDUSTRIAL) WEST: SP 11 (PACIFIC CENTER EAST SPECIFIC PLAN) 8. SURROUNDING GENERAL PLAN DESIGNATION: NORTH: PLANNED COMMUNITY COMMERICAL/BUSINESS (PCCB) SOUTH: TUSTIN LEGACY SPECIFIC PLAN (TLSP) EAST: INDUSTRIAL WEST: PLANNED COMMUNITY COMMERCIAL/BUSINESS (PCCB) 9. SITE LAND USE: A. EXISTING: VACANT B. PROPOSED: TENANT IMPROVEMENTS OF EXISTING 50,686 TWO-STORY BUILDING WITH A PARTIAL SUBTERRANEAN GARAGE. PROPOSED USE OF EACH SPACE SHALL BE, OFFICES- CLASSROOMS ABOVE 12TH GRADE TO BE OCCUPIED BY WESTERN STATE COLLEGE OF LAW WESTCLIFF UNIVERISTY. C. GENERAL PLAN: PLANNED COMMUNITY COMMERCIAL/BUSINESS (PCCB) PROPOSED GENERAL PLAN: PLANNED COMMUNITY COMMERCIAL/BUSINESS (PCCB) D. ZONING (434-262-04): SP 11 PACIFIC CENTER EAST SPECIFIC PLAN) PROPOSED ZONING: SAME DEVELOPMENT FACTS: 9. LOT AREA: 2.36 ACRES 10. BUILDING AREA: 50,686 SF 11. PARKING: Total Number at Maximum Parking Stalls Needed Per Capacity Tustin City Code Students 330 110 Faculty Member and 25 25 Employees TOTAL PARKING STALLS 135 NEEDED REQUIRED: 135 PARKING SPACES EXISTING: 193 PARKING SPACES 12. TENANT IMPROVEMENTS: INTERIOR TENANT IMPROVEMENTS WESTCLIFF UNIVERSITY ATTACHMENT 3 WESTCLIFF RED HILL TENANT IMPROVEMENT 15101 RED HILL AVENUE TUSTIN, CALIFORNIA 92780 PROJECT TEAM VICINITY MAP SHEET INDEX TABULATIONS ~ J� TENANT 11J a O W U U f PROPERTY OWNER � n - -� W F a o ti ARCHITECT F.xEni. LOCATION MAP a .....,...,.: ..,.....,...:.: k V -------------- v 0 �aaovEiT snF -, ": 00 v 0 v v v F !n W W Zi = D: W F U U) W G000 PLAN KEYNOTES .vn woememuwno �� . n INDUSTRIAL DRIVE oo o n — C 1. J o a w - EXISTING 2-STORY w w> MCD BUILDING w u LL� I ® - . O 0 J o � . �w 0 I P � F z W N A4 SITEPLAN-EXISTING - yx F w AS100 PLAN LEGEND 9 7 [e II I A i _ - ----- -- - - -=�-1-0 I �r OC ----------- -- ---------- DO oz -III -__ - -- --- --- --- ---- -- - --------- - � � - - ------------ ------- ---------- - sow - U9 - - - - - - E "'W> i III 39 x 0 w a - L w N Q II L'R F _ I Ill 111 ---_ --_ - —_—_—_ _—_-- `_---_—_—_ - 0 F7F l s Ole 111 J — F U_ ---_ _---_—_—_ -. -- _— --_—_—_ - OH W z 0: � 0 z=� 50 a -- _- _ _ _ _ - I' of U z LL N W A4 DEMOLITION PLAN-1 ST FLOOR Q Q Q n Q Q Q PLAN LEGEND II I I I I I Q O e 0. �s 4-- O— - I 1 o- � oITTII JJ —0 I =W — soW w W =C O r U z - __ 2 w N Q 2 W 2 W F 5 5.1 5.6 III III .III IIII F3 ' F - -r�}ter- -T-nr _tx• -�_Tr._T--_ _-0 W z O > � go 00 �o _-0 o? 02 N N W A4 DEMOLITION PLAN FLOOR �,..,� � AD101.2 PLAN LEGEND —————— ————— —————— ——— ————— pp 9 p T[IF-, IF rl� I Ml,I ----- -------- ------ ........... USE LEGEND OC FWq uaw EBh EgE EgH EN—DONS ERE DO 7 T FPWq I E�k E, 'I L pg�g pwq M L�"L� OE a M 0> C-1 'r'n oQ , y�yz -TTllAlElll- J7 t FEPR -(F) 6 III PM 1- 10 FW9 Fj zm 0, 0 H� I —4 L————-- OK [A4]TEST FIT LAYOUT-1ST FLOOR PLAN LEGEND 8 I -0 , III RnH E�9 EPH EF& USE LEGEND RRH - Ea DO -11EIT-111 11ILL oa A A A o-r, WW nn OE > § FlP9 FR9 BE ug� E& m an m plW9 PRT�q 00 nm z OH <o wo LL ,0 z 0 1-0, u z 02 n-. [A4]TEST FIT LAYOUT-21ND FLOOR e —o eA—0 1 — — I I o _ --0 o oa I I I I I I UA - ------------------- ---------------—--- - ¢W--------- ------- -- /� j J O` II I I I wa wwa ~ — ---- ---———I Ib � � I 0 I I I -- — ----- --- F o II -------------- � z O Y m z� — - - e a ❑ >;s az z=o 0 N z -- -------- OJN a w w m G1 66 8.1 BA %1 A4 TEST FIT LAYOUT-PARKING GARAGE ���� WSCL Sample Schedule ATTACHMENT 4 Day/T.. Class Sc—I. Classroom Use by Quarter Hour DaylTme On-Campus Count 10:xi11:00PM Civil Prostlure 11 1230PM 11142B(30B4) 11 Property I151A m m as 12 W PM 41L47 4700 s:xizo6PM on atl II 1:00.1:DPM 112B(3069) R H 303A(3053) t:xiJ:oopm 45 Civil P-- 11142H(3016) S 37 J:065:OOPM MON —PM Busing A moa on va(03z) 4:005:OOPM 4:00.5:]OPM Nvgdidbns Bankrvp�q 4831(3942A 41N� 4 m 5 00 6:004lop Evitlens 6 15P 10 4 100 P-2164 6:xi9:40PM 6:—.PM ­PM6:xi9:40PM 6:—.PM 6:xi9:40PM Contradsl (3o" Evirtens— Ad.11 tralive Le Wriling6 -IILBa Business 111A(3036( l P-- (3015) —401A Rgeard 11 ..MN(MBFJ Assoc , 142C 1-4) (301T1 126C(30T3) 228A TN 2J48 Mo5/) 00 � 00 4 00 6:xif0.00PM 00 IntroW legal 10 McO�ods 101A 00 00 30 11 12 15 31 17 414 N14 , 1 of 5 WSCL Sample Schedule Day/T.. Class Scbetlule Classroom lls a by Quarter Hour DaylTme On-Campus Count 9:061030AM 9:06f0.30AM 9:0612:-M —AMLegal Wrigng8 Lcyl Wrigng 8 ConsllWgonel Rgeard ll Rgeard ll112111Q 126A1(3010) —2(3025) (3033) f0:001:lopm Metliml iJ fa ]1 13 14 7D 1D.AM AMMalpmtlim 10:3412:OOPM 551A 130371 Crinirel 10:0.2:15PM Ioa 2:15PM 12 Promtlure Legal WriYngB Lyl WriYngB12 311A(304]) Rgeard ll ResearUi ll 11:362:a0PM 126B1(3961) 126B2(3065) 11:361:OOPM Juvenile Lax 20 Contratls ll 44]A(3043) 15 12 35 11.(W17) 11:3O200PM 00 ConsliN�ional 11:0.S215PM 3711 3 Lax 11202B 1:061:311PM11 ]7 53 21 1 (306� Fekml lnmme Lax ofV� Taalion 250A 17 1:30d:pPM 5801(3021) 01 Baic Ba B SYWi-(MBE) 226a To n 2 PM 11 (wq PM 3:OOS:OOPM 3:OOS:OOPM Torts 111324 1 ]4Civil fi�gaM1on: W D 3:365:OOPM1:1 a:o96:a6PM w emship30 fa ( 5:166:15PM A 4 9 00 5:I60:tlPM 613nry11b1 5 -.1 OrlenUtbnB 24 Gmtler ID 6:1"15PM 6:308:DPM 6:309:10PM 4]fiA(3083) 6:J08:]OPM Wills"' 63 -PM 6:309:tlPM 00 N ydiRbns Trial Pratl�: EdemsM1ip —1 OI.11, ConsLWYonal Remetl 483B(3080) Civil a90.4 Seninar:Ovil 6231(3019) fax 11202C 303B(30I1) (3026) 521B(30A) (30]6) W 6 00 9 0 00 15 —F24—[ 124 1 00 5 5 2 of 5 WSCL Sample Schedule Day/T.. Class Sc—I. Classroom Use by Quarter Hour DaylTme C-Campus Count 10:xi12:00PM 1100.1230PM Cl Pm¢dve 11 pm 11142B(3064) m n7 93 93 1 5 112 m afi 12 m PM 4i7 47 12 o0 13:R00 H30.11(:3300 5P3M) 45 �7 1' ' 1xiPMxi 2:00.5:IOPM l P-- 11142H(3016) m P— Managa'n�i 421N Iam11 2:SO6:OOPM 37 3:00.5:OOPM LaM llse4491 --PM WED —PMImrrrvgr3bnBusing Legal Cline Asmoa�on 6mA(3046) taw Iao321 4:006:OOPM 4:00..PM Coq FnansB Bankrvpiq Aai for 41w(Zlta6) 1D larryers4�4 4� �z� n 00 ° o0 3 PM 6:309:40PM IiCi:0o'0.u9m:0e0'iPn9M 8 Conimtls 11 :xi9: M 6:xi�9� 6FxiWQigP M 6 6:xi8: M 69QP M 00 6-1P sscBaBsinss —1112C 1aal VRing8 F 21 Crimrel 112C 30 (015 9PamT59 sson (3i/ ]1 3 21 4 331 17 - 1�5 1. 1D I f1 IPT TD 8I0 ) 5I3 ) 066 8&I 00i) -PM 3 00 5 00 IM 13 11 1A 31 L 17 15 3 of 5 WSCL Sample Schedule Day/T.. Class Sc—I. Classroom Us a by Quarter Hour DaylTme On-Campus Count 6:061QJOAM 600.10—m Legal WriYngB L II WfIYng6 Resea1.II Researd II 126°1(3010) 128°2(3025) 13 414 10:3 2:00PM Crinirel 10:0.511:15PM 10:4511:15PM 2' F2 5 15 75 Promtlure Legal Wlfil& Ltt WflYng6 311A(304]) Researd 11 Reward 11 12fiB1(3061) 12fi82(3065) 11:361:OOPM 26 Contratls 11 15 12 11.(3017) i1:I62I0PM 11:3O200PM 00 Privaq Lav Cons�iN�ional 11:0.5215PM 12:45245PM 37 3B1A I3osn) Lary 11202B F ieml lnmme 1:061:311PM 1.111. 7 ]7 7 7 21 12' I3g6B1 Taamn zson La«ofV� (3u6s� (3013) 1:30d:pPM 5601 I3o21) 1:30d:40PM fi Baic Ba Legal WriYngB7 7 [47 i2 11 11 9 .7 2:00d:00PM 8 StWies Researa 11 W PM sa IPn nkaiaim a6lA i u�To v 1zsa3(3asp W I0,5 PM Extemship Seinnar:Qvil 3:365:00PM ifi 521A(3022) PropeM 1151B 06) 4:1 15PM 4:156:15PM ]D i3 2 E24 i24 i52 Business Lax Contratls 3g 12 E�h,.61& Bra5ng423A 1J a0 (3ao1) (W30) 6 6:30.9:40PM .—.Pm6:I69:10PM 6308:40PM 6366 m 6:36540PM 6:309:tlPMi. 00 IniNleaual Trial Pram Crimrel Fancy lax Cnmirellax Bomes�ic Properly 1151C Pfoper1y— C11..1480B Promtlure 93IA(3044) 11Q4I3oszt Viokn— (W72) 130081 (30%) 311B(306i) I3o311 W 00 fi f0 2B 13 u 5 15 2. 4 of 5 WSCL Sample Schedule Day/T.. Class Sc-I. Classroom lls a by Quarter Hour DaylTme On-Campus Count 9:-iopM W Legal WnYng 8 R�era II 11 14] N D 2 LLM 129B8(30]� 5 of 5 ATTACHMENT 5 Community Development Department io us Remembering what connects us. May 23, 2024 Matthew Hubbs Westcliff University 17877 Von Karman Avenue Irvine, CA 92614 SUBJECT: USE DETERMINATION (UD) 2024-0001 FOR A PROFESSIONAL SCHOOL (LAW SCHOOL) WITHIN THE OFFICE CENTER PLANNING AREA OF THE PACIFIC CENTER EAST SPECIFIC PLAN (PCESP)--15101 RED HILL AVENUE,TUSTIN Dear Mr. Hubbs: Thank you for your Use Determination application, received on May 8, 2024, requesting that the Community Development Director consider the professional school use classification (in this case, a law school) as a conditionally permitted use within the Office Center planning area of the PCESP. As described in the application, the proposed law school would train students both virtually and in- person to become professionals in the law profession. Hands-on instructors would provide practical workforce training to students to help them assimilate into the local economy. Allowable uses for the Office Center planning area include office and retail service uses. Although the listed allowable uses do not explicitly include professional schools, the PCESP authorizes the Community Development Director to determine if an unlisted use is permitted, conditionally permitted, or prohibited if it is consistent with the intent of the PCESP and the underlying planning area. The Office Center planning area is designated primarily for the development of corporate, professional, and general offices with limited supporting commercial uses. The intent is that any commercial retail and service uses be well-integrated components of office uses and serve as complementary support services. The PCESP identifies a "training/technical school" as being a conditionally permitted use in the Office Center planning area. Further,Tustin City Code (TCC) regarding the Professional (PR) Zoning District (which largely includes uses deemed acceptable to be located within an office setting) lists "professional, instructional, motivational, and/or seminar schools" as a conditionally permitted use. The proposed professional school would share similar characteristics to the above-listed uses in that it would have students receiving instruction in a specific career field by instructors in an office setting, and become trained, certified, or licensed in said profession. 300 Centennial Way,Tustin, CA 92780 . 714-573-3000 . tustinca.org May 23, 2024 U D 2024-0001 Page 2 Given these considerations, the professional school use aligns with the intent of the PCESP and the Office Center planning area in that it would foster a professional and corporate environment. The consistency with similar uses conditionally permitted in the PR Zoning District further supports this determination. As such, I hereby determine that the professional school land use is a conditionally permitted use in the Office Center planning area of the PCESP and shall provide parking spaces in the amount defined in TCC Section 9263(g) for "commercial trade or business schools, instructional" uses. Notwithstanding, proposed projects must comply with the PCESP development standards, the TCC, and other applicable codes and regulations. Per TCC 9294, any decision of the Community Development Director may be appealed to the Planning Commission. Should you wish to appeal my decision, please file an appeal application with the City Clerk, during normal business hours, within 10 calendar days of the date of this letter. The appeal shall be accompanied by the deposit or fee. Please contact the City Clerk's office at (714) 573-3001 for more information or additional questions on the appeal process or visit www.tustinca.org. For information relative to submitting a Development Application for a Conditional Use Permit (CUP), please contact Jorge Maldonado, at iMaldon@do@tustinca.org tustinca.org or (714) 573-3174. Additional information can be found on the Community Development Department webpage at httpsl/www.tustinca,org/151/Community-Development. Sincerely, W � &AII lutflina L.'WWiijl Community Development Director enc: Use Determination Application Package, dated May 8, 2024 cc: Jay Eastman, Assistant Community Development Director- Planning Raymond Barragan, Principal Planner Jorge Maldonado, Associate Planner WESTCLIFF U N I V E R S I T Y Educate.Inspire.Empower. May 81", 2024 WESTCLIFF UNIVERSITY In re: USE DETERMINATION REQUEST LETTER Site Address: 15101 Red Hill Ave,Tustin, CA 92780 To: Raymond Barragan: The purpose of this request is to seek your determination that a private law school is an allowed use compatible within the Pacific Center East Specific Plan (PCESP) subject to the approval of a Conditional Use Permit. The proposed site for the school is identified as Planning Area 13 in the Office Center sub-area of the PCESP, specifically at 15101 Red Hill Avenue. The Office Center sub-area on Red Hill is intended for the development of professional and general offices.The code allows for uses that complement the surrounding planned areas and are consistent with the character of the region. Within the Office Center designation, training and technical schools are an allowed use with a CUP. A Law school is an educational use similar in practice and procedure to a training and technical school. Courses are taught both online and on campus by hands-on instructors that aim to bring practical, workforce related training to help their students assimilate into the local economy. By definition, "A trade, technical or vocational school is defined as a type of educational institution, either secondary or postsecondary, designed to provide vocational education and technical skills required to complete the tasks of a particular and specific job."This is exactly what Western State College of Law at Westcliff University will do—train students for a specific job, the job of a lawyer. Westcliff University, like typical trade/technical schools, is a private institution that provides academic choices and career alternatives for adult students. Both types of schools offer flexible class schedules and access to on-line and in person instruction that gives students, who perhaps are already in the workforce, the flexibility to enhance their knowledge and skills and improve their employment options. Western State College of Law at Westcliff University is regionally accredited by WASC Senior College and University Commission (WSCUC). It is also globally accredited by the Accreditation Council for Business Schools and Programs (ACBSP) and the ABA, which is the top tier of law school status. Westcliff University's primary goal is to: "Support the integration of classroom instruction into the real world of business, STEM, and education. Students at Westcliff University learn from professors working in the field, providing a special opportunity to learn from enlightened and practical instructors." The PCESP Office Center criteria allow uses that complement the surrounding planned areas and are consistent with the character of the region.To that point, this proposed law school is consistent with the many educational uses that are now located in this corridor including: 1. The Advanced Technology and Educational Park (ATEP), which is zoned for education, is across the street and houses multiple college level facilities operated by the South Orange County Community College District. 2. The Goddard School recently opened within the ATEP compound. 3. A public charter high school is in the process of securing 2.6 acres at the ATEP at the corner of Red Hill and Victory. 4. In 2019 the Tustin Planning Commission approved a CUP for the Port View Preparatory School located within the Technology sub-area of the PCESP. 5. Tustin Unified School District facilities—Magnet High School and elementary school. It is clear that this section of Red Hill Avenue is becoming an "Academic Corridor". This redevelopment invites vitality, economic development opportunities, youth and adult services, and community reinvestment—all goals stated within the Tustin Mission Statement and goals. Regarding the impact of this proposed use on parking and circulation, technical and training schools are required to be parked at 1 space for every 3 students, plus 1 space for each faculty/employee, pursuant to the Tustin Municipal Code. At any given time on the premise, there will be no more than 250-300 students; the students will be spread throughout the day in either a morning, midday, or evening instructional session. There are approximately 50 faculty/admin staff also to be spread throughout the operational time. The floor space of the 51,000 square foot facility will generally be utilized as follows: 12 classrooms; 35% instructional, 10% student area, 25% office, 30% administrative space. The property has 193 on-site parking spaces. Thus, utilizing the same measurement for parking required for trade and technical schools, there is sufficient parking for a law school at this site. For the reasons stated above, and because the law school would create a positive impact on the welfare of the neighborhood and the city, we believe that Western State College of Law at Westcliff University is a compatible use permitted within the definitions of the PCESP and should be allowed with a CUP. ATTACHMENT 6 I I v.vmmLG 2 Executive Circle Suite 250 Irvine,CA 92614 Jul 25 2024 949.825.6175 r y 949.825.5939 F www.Ilgengineers.com Scott Mehlberger Pasadena Chief Financial Officer, Sr. Vice President of Finance and Accounting Irvine Westcliff University San Diego 17877 Von Karman Avenue, Suite 400 Irvine CA 92614 LLG Reference: 2.24.4835.1 Subject: Trip Generation and Vehicle Miles Traveled (VMT) Assessment for the Westcliff University,Western State College of Law Project Tustin, California Dear Mr. Mehlberger: As requested, Linscott, Law & Greenspan, Engineers (LLG) is pleased to submit this Trip Generation and Vehicle Miles Traveled (VMT) Assessment for the proposed relocation of Westcliff University's Western State College of Law Project (herein after referred to as Project) from its current location to 15101 Red Hill Avenue in the City of Tustin, California. The Project site is located south of Industrial Drive and west of Red Hill Avenue. The subject property is currently developed with a two- story, multi-tenant office building with a total floor area of 51,065 square-foot (SF). The Project is proposing to renovate and convert the existing office building to allow for the operation of Westcliff University's Western State College of Law, a private law school. This letter summarizes the traffic generation forecast potential for the proposed Project. Additionally, it estimates the trip generation of the prior use, and further makes a comparison between the proposed Project and the prior use. The Project's VMT Screening Assessment is based on the City of Tustin Vehicles Miles Traveled (VMT)Analysis Guidelines, dated March 2024 (adopted in May 2024). PROJECT DESCRIPTION The Project site is a rectangular-shaped, 2.40-acre parcel of land that is currently David S.Shender,PE developed with a two-story, multi-tenant office building with a total floor area of John A.Boarman,PE 51,065 SF. Access to the subject property is currently provided via two driveways Richard E.Barretto,PE located along Industrial Drive; no vehicular access is provided on Red Hill Avenue. Keil D.Maherry,PE Parking for the site is provided via 193 surface parking spaces. Figure 1, located at KC Yellapu,PE the rear of this letter report, presents a Vicinity Map, which illustrates the general Dave Roseman,PE Shankar Ramakrishnan,PE An LG2WB Cwpa,y Founded 1966 Scott Mehlberger I I July 25, 2024 Page 2 "� location of the project and the surrounding street system. Figure 2 presents the proposed site aerial. The proposed Project includes the renovation and conversion of the existing office building to allow for the operation of Westcliff University's Western State College of Law, a private law school. The City determined that the Project is an allowed use compatible within the Pacific Center East Specific Plan (PCESP) subject to the approval of a Conditional Use Permit. The proposed site for the school is identified as Planning Area 13 in the Office Center sub-area of the PCESP, specifically at 15101 Red Hill Avenue. The Office Center sub-area on Red Hill is intended for the development of professional and general offices. The code allows for uses that complement the surrounding planned areas and are consistent with the character of the region. Within the Office Center designation, training and technical schools are an allowed use with a CUP for which the City has determined that the private law school aligns with PCESP's Office Center sub-area. Based on the anticipated operations of the private law school, the anticipated enrollment for the Project is expected to match its current enrollment of approximately 330 students. The facilities of the Project will include offices, a law library, classrooms, and administrative space. The existing office building would be renovated to include approximately 12 classrooms of varying sizes, offices for approximately 25 faculty members, student service departments (admissions, student support, career services, etc.), and a mix of single-use and multi-use student study space. The typical hours of operation for the Project are as follows: ❑ Classes: Monday-Thursday 9:00 am— 10:00 pm Friday 9:00 am— 1:00 pm ❑ Offices/staff: Monday-Friday 8:30 am —7:00 pm ❑ Library/Study: Monday-Friday 8:00 am— 11:00 pm Saturday-Sunday 8:00 am—6:00 pm In addition, there are approximately 15-20 staff on site during regular business hours of 8:00 AM to 6:00 PM, Monday through Friday, in addition to the faculty teaching classes and office hours. Access to the site is proposed to maintain the two existing driveways located along Industrial Drive. Parking for the site will also remain the same as existing providing 193 surface parking spaces. N:A4800A2244835-Westcliff University WSCL Tustin\Report\4835 Westcliff University WSCL Project Traffic Generation Letter 7-25-2024.doc Scott Mehlberger I I July 25, 2024 Page 3 "� PROJECT TRAFFIC GENERATION FORECAST Traffic generation is expressed in vehicle trip ends, defined as one-way vehicular movements, either entering or exiting the generating land use. Generation factors and/or equations used in this traffic analysis are based on information found in the llth Edition of Trip Generation, published by the Institute of Transportation Engineers (ITE) [Washington, D.C., 2021], unless otherwise stated. Table I presents the ITE rates used in forecasting the vehicular trips. Based on review of the Project description, the trip generation potential of the existing use was forecast using ITE Land Use Code 710: General Office Building. Additionally, the trip generation potential for the proposed Project was estimated based on anticipated operational data provided by Westcliff University which identified the number of class, maximum student attendance, number of faculty and staffing. Based on discussions with Westcliff University a 5% reduction was applied to the maximum number of students that could attend each class to account for absences and classes not having full enrollment. It should be noted that additional reductions could be applied to account for students attending multiple classes per day, but this reduction was not applied to provide a conservative assessment. The data provided by Westcliff University was for a typical weekday (Monday through Friday). Since classes vary by day and time the trips generation was calculated for the entire week and then an average day was calculated. Attachment A includes the letter provided by Westcliff University that includes class schedule by day, anticipated student attendance, the number of faculty and staff on-site. Review of the upper portion of Table I presents the trip rates used for the existing site. Review of the middle portion of Table I shows the trip generation potential for the Existing Land Use totals 554 daily trips, with 78 trips (69 inbound, 9 outbound) during the AM peak hour and 74 trips (13 inbound, 61 outbound) during the PM peak hour. The middle portion of Table I shows the trip generation forecast for the proposed Project based on the expected operations of the private law school totals 813 daily trips, with 36 trips (36 inbound, 0 outbound) during the AM peak hour and 78 trips (12 inbound, 66 outbound) during the PM peak hour. Based on common traffic engineering practices, the traffic generated by the existing land use represents a"trip budget" for the Project site, against which the impact of the proposed Project might be compared. N:A4800A2244835-Westcliff University WSCL Tustin\Report\4835 Westcliff University WSCL Project Traffic Generation Letter 7-25-2024.doc Scott Mehlberger I I July 25, 2024 Page 4 "� A comparison of the trips generated by the proposed Project to the trips generated by the previous office use shows that the proposed Project would generate 259 more daily trips, and 42 fewer AM peak hour trips and 4 more PM peak hour trips. Based on a review of the City of Tustin Vehicle Miles Traveled Analysis Guidelines (dated March 2024),per Exhibit A City of Tustin Transportation Impact Analysis Flow Chart for Land Use Projects, a Traffic Impact Study and LOS Analysis may be required if a project"generates more than 50 peak hour trips"1. The decision will be made by the City Traffic Engineer. VMT SCREENING ASSESSMENT In consideration of the City of Tustin Vehicles Miles Traveled (VMT) Analysis Guidelines, dated March 2024 (adopted in May 2024)2, the proposed Project would screen out from a full VMT analysis given the Project is forecast to generate less than 500 ADT. Attachment B includes the City of Tustin VMT Screening Form for Land Use Projects that was prepared for the Project. CONCLUSIONS Given the implementation of the proposed Project results in a net addition of less than 50 peak hour trips when compared to the Existing Land Use, it can be concluded that the Project would not require a traffic impact study based on the City of Tustin TIA Guidelines. In addition, the AM peak hour trips generated by the Project are less than the existing use and the PM peak hours trips are greater by only 4 trips, hence the implementation of the Project will not result in an increase of one percent or more on any leg of an adjacent intersection during the morning peak hour or evening peak hour. As such,we conclude the potential impacts of the Project would be insignificant and that no additional analysis is required. Given these results, we conclude that a "full traffic impact study"is not warranted, subject to confirmation by City staff. Based on the VMT Screening Assessment, the proposed Project will screen out since it generates less than 500 net daily trips. Therefore, the proposed Project can be presumed to have VMT impacts that are less than significant and have no significant 1 See Exhibit A City of Tustin Transportation Impact Analysis Flor Chart for Land Use Projects of the City's VMT Analysis Guidelines. 2 See Section 2.0 VMT Screening for Land Use Projects of the City's VMT Analysis Guidelines. N:A4800A2244835-Westcliff University WSCL Tustin\Report\4835 Westcliff University WSCL Project Traffic Generation Letter 7-25-2024.doc Scott Mehlberger I I July 25, 2024 Page 5 "� CEQA related transportation impacts. As such, no further VMT analysis is necessary or required. We appreciate the opportunity to prepare this investigation. Should you have any questions regarding this analysis,please call us at(949) 825-6175. Sincerely, Linscott,Law& Greenspan,Engineers ofESStp�,_ Richard Barretto,P.E. r No. 2006 o� fi�34�25 � Principal ExP• cc: File '4>�. TRAFFIC oQ� Cr- Shane S. Green,P.E. Senior Transportation Engineer N:A4800A2244835-Westcliff University WSCL Tustin\Report\4835 Westcliff University WSCL Project Traffic Generation Letter 7-25-2024.doc r COIL�1 TABLE 1 PROJECT TRAFFIC GENERATION RATES AND FORECASTS ITE Land Use Code/ Daily AM Peak Hour PM Peak Hour Project Description 2-WaY Enter Exit Total Enter Exit Total Trip Generation Rates: ■ 710:General Office Building(TE/TSF) 10.84 88% 12% 1.52 17% 83% 1.44 Existing Trip Generation Forecast: ■ Existing Office Building(51,065 SF) 554 69 9 78 13 61 74 Proposed Project Trip Generation Forecast: ■ Westcliff University(330 Students)' 813 36 0 36 12 66 78 Net Project Trip Generation Forecast 259 (33) (9) (42) (1) 5 4 (Proposed Project vs.Entitled) Notes: ■ TE/TSF=trip ends per 1,000 square feet 3 Source:Trip Generation,I I'Edition,Institute of Transportation Engineers(ITE),Washington,D.C.(2021). ' Trip rates developed using Westcliff University sample schedule. N:A4800A2244835-Westcliff University WSCL Tustin\Report\4835 Westcliff University WSCL Project Traffic Generation Letter 7-25-2024.doc ATTACHMENT A WESTCLIFF UNIVERSITY WESTERN STATE COLLEGE OF LAW WEEKDAY TRIP GENERATION AND SAMPLE CLASS SCHEDULE N:A4800A2244835-Westcliff University WSCL Tustin\Report\4835 Westcliff University WSCL Project Traffic Generation Letter 7-25-2024.doc WE STCLIFF U N I V E R S I T Y Educate. Inspire. Empower. To Whom It May Concern: Westcliff University intends to lease the entire building at 15101 Red Hill Ave, Tustin, Ave, 92780 for the primary purpose of relocating its law school, Western State College of Law. Western State College of Law at Westcliff University operates an ABA-accredited law school with a current enrollment of approximately 330 students. Facilities consist of offices, a law library, classrooms, and administrative space. The design of the Red Hill property would include approximately 12 classrooms of varying sizes, offices for approximately 25 faculty, student service departments (admissions, student support, career services, etc.), and a mix of single-use and multi-use student study space. The typical hours of operation are as follows: Classes: Mon-Thur 9:00 am — 10:00 pm I Fri 9:00 am — 1:00 pm Offices/staff: Mon-Fri 8:30 am — 7:00 pm Library/Study: Mon-Fri 8:00 am — 11:00 pm I Sat-Sun 8:00 am —6:00 pm There are approximately 16-20 staff on site during regular business hours in addition to the faculty teaching classes and holding office hours. A sample schedule of Western State College of Law classes can be found on the next page, organized by classroom and by day and time.. The schedule shows the classes that meet on the Western State campus on a weekly basis. Each class listed is accompanied by its enrollment number (red). On the right side of the table, the approximate number of faculty, staff, and students onsite during the morning, afternoon, and evening have been calculated. If you have any questions regarding this matter, please do not hesitate to contact the undersigned at your convenience. Regards, Matthew Hubbs, Ed.D Vice President of Strategic Initiatives & Institutional Effectiveness Westcliff University 17877 Von Karman Ave, 4th Floor, Irvine, CA 92614 1 (949)825-5999 1 www.westcliff.edu WSCL Sample Schedule r wom�"wm ATTACHMENT B CITY OF TUSTIN VMT SCREENING FORM FOR WESTCLIFF UNIVERSITY WESTERN STATE COLLEGE OF LAW N:A4800A2244835-Westcliff University WSCL Tustin\Report\4835 Westcliff University WSCL Project Traffic Generation Letter 7-25-2024.doc Page 1 of 2 r CITY OF TUSTIN VMT SCREENING FORM FOR LAND USE PROJECTS This form acknowledges the City of Tustin requirements for the evaluation of vehicle miles traveled(VMT)under CEQA. The analysis provided in this form should follow the City of Tustin approved VMT Guidelines,dated February 13,2024. I.Project Description Case Number: Project Name: Westcliff University,Western State College of Law Project Location: 15101 Red Hill Avenue Project Description: The subject property is currently developed with a two-story,multi-tenant office building with a total floor area of 51,165 square- foot(SF).The Project is proposing to renovate and convert the existing office building to allow for the operation of Westcliff University's Western State College of Law,a private law school. Current GP Land Use: PCCB-Planned Community Commercial/Busin Proposed GP Land Use: PCCB-Planned Community Commercial/Busin Current Zoning: PCCB-Planned Community Commercial/Busin Proposed Zoning: PCCB-Planned Community Commercial/Busin Does the Poject require a General Plan Amendment and/or Zone Change? I YES I I NO X II.VMT Screening Criteria A.Is the Project 100%affordable housing? YES NO X Attachments: B.Is the Project within 1/2 mile of qualifying transit? YES NO X Attachments: C.Is the Project a local serving land use? YES NO X Attachments: D.Is the Project in a low VMT area? YES NO X Attachments: E.Are the Project's Net Daily Trips less than 500 ADT? YES X NO Attachments: Trip Gener tion letter, dated July 25,2024 Low VMT Area Evaluation: City of Tustin VMT Thresholds Citywide Average Home-Based VMT1 = 15.0 VMT/Capita Citywide Average Employment VMT1= 25.1 VMT/Employee OCTAM 5.0 v.6.22.23 base year(2016)statistics. Project Traffic Analysis Zone(TAZ) VMT Rate for Project TAZl Type of Project 1128 0.0 VMT/Capita Residential: 25.2 VMT/Employee Non-Residential: X Trip Generation Evaluation: Source of Trip Generation: Please reference Trip Generation letter,dated July 25,2024 *Use trip rates from the latest edition of the ITE Trip Generation Manual or as approved by City Staff. Project Trip Generation: 813 Average Daily Trips(ADT) Internal Trip Credit: YES NO X %Trip Credit: Pass-By Trip Credit: YES NO X %Trip Credit: Affordable Housing Credit: YES NO X %Trip Credit: Existing Land Use Trip Credit: YES X NO Trip Credit: 554 Net Project Trip Generation: 259 Average Daily Trips(ADT) Attachments: Does project trip generation warrant an LOS evaluation outside of CEQA? YES NO X Version:March 11,2024 Page 2 of 2 III.VMT Analysis Summary A.Is additional VMT modeling required to evaluate impacts? N/A I YES NO Projects that do not satisfy at least one(1)of the VMT screening criteria AND generate 2,400 or more net daily trips AND require a zone change/general plan amendment may require additional VMT modeling using OCTAM.Project that generates less than 2,400 daily trips may use the base TAZ rate for VMT analysis and mitigation purposes. B.City of Tustin VMT Threshold of Significance: N/A C.Unmitigated Project VMT Rate: N/A D.Does Unmitigated Project VMT Rate Exceed VMT Threshold? N/A YES NO E.Is mitigation required? N/A YES NO F.Percentage Reduction Required to Achieve the Citywide Average VMT: N/A G.Mitigation Measures: Source: VMT Reduction Mitigation Measure: Estimated VMT Reduction(%) 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Total VMT Reduction(%) All mitigation measures are subject to become Conditions of Approval of the project.Provide attachments showing all VMT reduction calculations. H.Mitigated Project TAZ VMT Rate: N/A I.Significance Finding: N/A (Less than significant,less than significant with mitigation,potential significant,etc.) Prepared By Developer/Applicant Company: Linscott,Law&Greenspan,Engineers Company: Westcliff University Contact: Richard Barretto Contact: Scott Mehlberger Address: 2 Executive Circle,Suite 250,Irvine,CA Address: 17877 Von Karman Ave,Suite 400,Irvine,CA Phone: (949)825-6175 Phone: (949)825 5999 Ext:5567 Email: barretto@llgengineers.com Email: scottmehlberger@westcliff.edu Date: 07/25/2024 Date: 07/25/2024 Approved by: Tustin Public Works Engineering Date Tustin Community Development Planning Date Development review and processing fees should be submitted with,or prior to the submittal of this Form. The Public Works and/or Planning Division staff will not process the Form prior to fees being paid to the City. Version:March 11,2024 ATTACHMENT 7 RESOLUTION NO. 4510 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 2024-0012 TO ESTABLISH A PROFESSIONAL SCHOOL USE WITHIN A 50,686 SQUARE FOOT OFFICE BUILDING AT 15101 RED HILL AVENUE The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application for Conditional Use Permit (CUP) 2024- 0012 was filed by Anthony Lee, on behalf of Westcliff University requesting authorization to establish a professional school at 15101 Red Hill Avenue. B. That the subject property is located within the Office Center Planning Area (PA-13) of the Pacific Center East Specific Plan (PCESP), and the property has a Planned Community Commercial Business General Plan land use designation. C. That pursuant to Section 4.4E of the PCESP, a CUP is required prior to establishment of a technical/trade school. D. That on May 23, 2024, the Community Development Director determined that the proposed professional school is similar to technical/trade schools that are conditionally permitted uses in the PCESP (UD-2024-0001). E. That pursuant to Tustin City Code (TCC) Section 9291 grants the Planning Commission the authority to consider and act on requests for a CUP. F. That a public hearing was duly called, noticed, and held for CUP 2024-0012 on December 10, 2024, by the Planning Commission. G. 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. H. That in determining whether to approve the CUP, the Planning Commission finds that the establishment, maintenance, and operation of the proposed uses 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 of the City of Tustin, in that: PC Reso. No. 4510 CUP 2024-0012 1. That conditionally permitted uses in the PA-13 of the PCESP include "training/technical schools," professional schools are not explicitly listed. Pursuant to Section 4.4E of the PCESP, The Community Development Director did, however, determine that the proposed professional school shares similar operational characteristics as a training/technical school and can be considered as a conditionally permitted use. 2. That the proposed professional school is located within PA-13 of the PCESP that allows for a combination of office and retail service uses. As conditioned, the proposed professional school's operational characteristics and hours of operation, would align with those of existing uses in the area, ensuring compatibility with the surrounding businesses. 3. That the project site is a corner property with frontage along Industrial Drive and Red Hill Avenue. On-site parking is available on site and will not be visible from the Redhill Avenue due to the existing building and mature landscaping. 4. That the project site currently provides a total of 193 parking spaces, which includes 138 surface parking spaces and 55 subterranean spaces. With a maximum student capacity of 330 students and 25 faculty and administrative staff, the school requires a total of 135 parking spaces. Specifically, 110 spaces are required for students and 25 spaces for staff. As currently provided onsite, the site exceeds the required parking for college or university use 5. That a Trip Generation and Vehicle Miles Traveled (VMT) Assessment was submitted by Linscott, Law & Greenspan, Engineers (LLG) on behalf of the applicant, which concluded that the proposed project would not require a traffic impact study and will have no significant CEQA related transportation impacts and will not require further VMT analysis. I. The Tustin Police Department has reviewed the application and has no concerns as conditioned. J. That this project is Categorically Exempt pursuant to Section 15301 (Class 1 — Existing Facilities) of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Planning Commission hereby approves CUP 2024-0012 authorizing the establishment of a professional school located at 15101 Red Hill Avenue, subject to the conditions contained within Exhibit A attached hereto. PC Reso. No. 4510 CUP 2024-0012 PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 10th day of December, 2024. ERIC HIGUCHI Chairperson JUSTINA L. WILLKOM Planning Commission Secretary APPROVED AS TO FORM: MICHAEL DAUDT Assistant City Attorney PC Reso. No. 4510 CUP 2024-0012 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Justina L. Willkom, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4510 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 10t" day of December 2024. PLANNING COMMISSIONER AYES: PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: JUSTINA L. WILLKOM Planning Commission Secretary EXHIBIT A CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 2024-0012 15101 RED HILL AVENUE GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped December 10, 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 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 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) 1.4 Approval of Conditional Use Permit (CUP) 2024-0012 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. (1) 1.5 Any violation of any of the conditions imposed is subject to the issuance of an Administrative Citation pursuant to TCC 1162(a). (1) 1.6 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. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENTS (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTIONS Exhibit A Conditions of Approval Conditional Use Permit 2024-0012 15101 Red Hill Avenue Page 2 (1) 1.7 CUP 2024-0012 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 conditions of approval. If the use is not operated in accordance with CUP 2024-0012 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) 1.8 If in the future, the City's Community Development Director, Police Chief, and/or Public Works Department determine that a parking, ortraffic 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 parking demand analysis or traffic study and the applicant 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 measures to be reviewed and approved by the Community Development Department, Police Chief, and/or Public Works Department. Said measures may include, but are not limited to, the following: (a) Establishment of alternative operation hours. (b) Reduction in the number of instructors and/or students. (c) Provision of additional on-site or off-site parking. (1) 1.9 As a condition of approval of CUP 2024-0012 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. USE RESTRICTIONS (1) 2.1 The applicant is authorized to establish a professional school within an existing 50,686 square foot building at the property located at 15101 Red Hill Avenue. (1) 2.2 Pursuant to TCC 9403(h), a master sign plan is required for a single Exhibit A Conditions of Approval Conditional Use Permit 2024-0012 15101 Red Hill Avenue Page 3 development project of at least thirty thousand (30,000) building square feet or one (1 ) acre in project size. The applicant shall submit a Master Sign Plan and obtain sign permits prior to signs installation. (1) 2.3 No change or alteration of the building 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 CUP by either the Planning Commission or Zoning Administrator. (1) 2.4 A minimum of 135 parking spaces shall be maintained at all times. Any reduction of on-site parking stalls or changes to parking lot and/or circulation shall be reviewed and approved by the Community Development Director. (1) 2.5 The proposed hours of operation for the professional school are as follows: Facilities Days Hours Monday to Thursday 9.00 a.m. to 10.00 p.m. Classes Friday 9.00 a.m. to 1.00 p.m. Offices/Staff Monday to Friday 9.30 a.m. to 7.00 p.m. Monday to Friday 8.00 a.m. to 11 .00 p.m. Library/ Study Areas Saturday and Sunday 8.00 a.m. to 6.00 p.m. (1) 2.6 The professional school facility shall have a maximum on-site enrollment of 330 students and a maximum of 25 staff members. Any increase in on-site enrollment or staffing shall require review and approval of the Community Development Director. (1) 2.7 Each class session shall be concluded with sufficient time for attendees of the prior session to vacate the site prior to the arrival of attendees of the next class session. (1) 2.8 All school activities shall comply with the City's Noise Ordinance. BUILDING The following comments refer to the 2022 California Building, Mechanical, Plumbing, Electrical Codes, California Green Building Standards Code, and Energy Code (i.e., 2021 IBC, UMC, UPC, and 2020 NEC, as amended by the State of California). Upon plan check submittal, complete the following: (3) 3.1 Revise the occupancy list to include the A-3 occupancy for the Commons/Multi-purpose room and Library per California Building Code Exhibit A Conditions of Approval Conditional Use Permit 2024-0012 15101 Red Hill Avenue Page 4 (CBC) 303.4 (3) 3.2 Provide an allowable building area analysis showing the building complies with the area limitation in CBC 506 and 508. (3) 3.3 Show that the existing ramp and handrails comply with CBC 11 B-405 and 11-505. (3) 3.4 Accessible parking is required in all parking facilities per CBC 11 B-282.2. Provide a separate parking count and accessible parking in the underground garage per CBC Table 11 B-208.2. a. Confirm the elevator provides access to the garage level. b. Ensure the vertical clearance at the garage to be 98 inches minimum per CBC 11 B-502.5. c. Provide an accessible route from the public way to the building entrance. (3) 3.5 Clarify if the south stairway is an exit stair. If so, it is required to terminate at the exterior of building per CBC 1023.1 . Egress path is not permitted to converge with path from other stairways in the building. (3) 3.6 Dimension the distance between the exit doorways to be no less than one- third the length of the maximum overall diagonal dimension of the area served, measured in a straight line per CBC 1007.1 .1. a. At the plan west classrooms, dimension the distance between the exit doorways (doorway in classroom and where the corridor allows access to separate egress path from the other classroom doorway) to be no less than 1/3 the length of the maximum overall diagonal dimension of the area served, measured in a straight line. See image below for clarification. CBC 1007.1 .1 . (3) 3.7 Provide information showing the existing elevators comply with CBC 11 B 407. (3) 3.8 Provide a plumbing fixture count to ensure the existing plumbing fixture count is sufficient per California Plumbing Code (CPC) Table 422.1 . PUBLIC WORKS (1) 4.1 Current Federal Americans with Disabilities Act (ADA) requirements shall be met at all driveways and sidewalks adjacent to the site. The applicant shall remove and reconstruct the driveway aprons on Industrial Way to the most current ADA requirements and City of Tustin Standards. (2) 4.2 Prior to any work in the public right of way, an Encroachment Permit shall be Exhibit A Conditions of Approval Conditional Use Permit 2024-0012 15101 Red Hill Avenue Page 5 obtained from applicable fees paid to the Public Works Department. (3) 4.3 Prior to issuance of a Grading Permit and Encroachment Permit, the applicant shall submit in the City's Citizen Self Service portal at https://tustinca- energovpub.tylerhost.net/Apps/SelfService#/home street improvement plans, as prepared by a California Registered Civil Engineer, for review and approval. The plans shall clearly show existing and proposed surface and underground improvements including construction and/or replacement of any missing or damaged public improvements adjacent to this development. 24" x 36" signs and stamped reproduceable street improvement plan is required for final approval. Traffic control plans, as prepared by a California Registered Traffic Engineer, or Civil Engineer experienced in this type of plan preparation, shall be included in the submittal. (4) 4.4 Construction and Demolitions Waste Recycling and Reduction Plan (WRRP). 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 65% of the project waste material or the amount required by the California Green Building Standards Code. a. The applicant will be required to submit a $50.00 application fee and a cash security deposit in the 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 Tustin City Code. b. Prior to issuance of any permits, 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". ORANGE COUNTY FIRE AUTHORITY (OCFA) (1) 5.1 The applicant or responsible party shall submit the plan(s) listed below to the Orange County Fire Authority for review. Approval shall be obtained on each plan prior to the specified event. a. Prior to the issuance of a building permit: • Architectural plans (Service Codes PR200-PR285) • Fire Sprinkler System plans (Service Codes PR400- PR465) Exhibit A Conditions of Approval Conditional Use Permit 2024-0012 15101 Red Hill Avenue Page 6 b. Prior to concealing interior construction: • Fire Alarm System Plans (Service Codes PR500-PR520) (1) 5.2 Prior to issuance of temporary of a final certificate of occupancy, all OCFA inspections shall be completed to the satisfaction of the OCFA inspector and be in substantial compliance with codes and standards applicable to the project and commensurate with the type of occupancy (temporary or final) requested. Inspections shall be scheduled at least five days in advance by calling OCFA Inspection Scheduling at 714-573-6150. FEES (2) 6.1 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.