HomeMy WebLinkAboutPC RES 4510 Docusign Envelope ID: EAFDB716-6C7F-46C5-BF80-OAE194E3566E
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:
Docusign Envelope ID: EAFDB716-6C7F-46C5-BF80-OAE194E3566E
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.
Docusign Envelope ID: EAFDB716-6C7F-46C5-BF80-OAE194E3566E
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.
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Signed by:
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ERIC HIGUCHI
Chairperson
E�Signed by:
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JUSTINA L. WILLKOM
Planning Commission Secretary
APPROVED AS TO FORM:
Signed by:
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MICHAEL DAUDT
Assistant City Attorney
Docusign Envelope ID: EAFDB716-6C7F-46C5-BF80-OAE194E3566E
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: Douthit, Higuchi, Kozak, Mason, Mello (5)
PLANNING COMMISSIONER NOES:
PLANNING COMMISSIONER ABSTAINED:
PLANNING COMMISSIONER ABSENT:
Signed by:
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ED45DA2623&54A5...
JUSTINA L. WILLKOM
Planning Commission Secretary
Docusign Envelope ID: EAFDB716-6C7F-46C5-BF80-OAE194E3566E
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
Docusign Envelope ID: EAFDB716-6C7F-46C5-BF80-OAE194E3566E
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, or traffic 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
Docusign Envelope ID: EAFDB716-6C7F-46C5-BF80-OAE194E3566E
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.
Off ices/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
Docusign Envelope ID: EAFDB716-6C7F-46C5-BF80-OAE194E3566E
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
Docusign Envelope ID: EAFDB716-6C7F-46C5-BF80-OAE194E3566E
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
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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)
Docusign Envelope ID: EAFDB716-6C7F-46C5-BF80-OAE194E3566E
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.