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HomeMy WebLinkAboutZA 98-004/CUP 98-004 1 ZONING ADMINISTRATOR ACTION 98-004 CONDITIONAL USE PERMIT 98-004 2 APRIL 20, 1998 3 The Zoning Administrator of the City of Tustin does hereby resolve as follows: 4 5 I. The Zoning Administrator finds and determines as follows: 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A. That a proper application, Conditional Use Permit 98-004, was filed by Ability Plus School to authorize the establishment of administrative and tutoring offices appurtenant to an existing school, in an existing office building located at 181 El Camino Real. B. Pursuant to City Code Section 9299(b) (3) (e), the Zoning Administrator has the authority to approve Conditional Use Permit applications for office-type uses appurtenant to schools. C. That on September 28, 1992 Conditional Use Permit 92-027 and Variance 92-007 were approved by the Planning Commission, authorizing the establishment of 100% office uses in the office center at 181, 183 and 185 El Camino Real and reducing the number of required parking spaces at the center from 19 to 15. D. That on July 14, 1997, the Planning Commission approved Conditional Use Permit 96-034(a) by adopting Resolution No. 3532, which authorized the establishment of Ability Plus School at 220 El Camino Real. E. That a public hearing was duly on said application on April Administrator. called, noticed and held 6, 1998 by the Zoning F. That the establishment, maintenance, and operation of the use applied for will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use nor be a detriment to the property and improvements in the. neighborhood of the subject property, nor to the general welfare of the City of Tustin as evidenced by the following findings: 1. All actual Ability Plus Camino Real. classroom functions will occur at School's primary location at 220 El 2 . The proposed use does not authorize an increase in the size of the student body of Ability Plus School. Zoning Administrator Action 98-004 Page 2 1 2 3 4 5 6 7 8 9 10 II. 11 12 13 3. Adequate on-site parking is provided on the subject property to accommodate the proposed use in that, Conditional Use Permit 92-027 authorized 100% office use at the subject location and Variance 92- 007 reduced the required parking at the subject location from 19 spaces to 15 spaces. G. That this project is Categorically Exempt from the requirements of the California Environmental Quality Act, pursuant to Section 15301 (Class 1). H. 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. The Zoning Administrator hereby approves Conditional Use Permit 98-004 authorizing the establishment of administrative and tutoring office space appurtenant to Ability Plus School, in an existing office space located at 181 El Camino Real, subject to'the conditions contained within Exhibit A, attached hereto. 14 15 PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular meeting held on the 20th day of April, 1998. 16 a~/1/:~~~~- -I:. ELIZABETH A. BINSACK Zoning Administrator 17 18 19 cfrzt.lOo 0 J'M~~--, KATHLEEN MARTIN Recording Secretary 20 21 STATE OF CALIFORNIA 22 COUNTY OF ORANGE CITY OF TUSTIN 23 I, KATHLEEN MARTIN, the undersigned, hereby certify that I am the 24 Recording Secretary of the Zoning Administrator of the City of Tustin, California; that Zoning Administrator Action No. 98-004 was 25 duly passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 20th day of April, 1998. 26 27 ~JW4-~/ 28 KATHLEEN RTIN Recording Secretary EXHIBIT A ZONING ADMINISTRATOR ACTION 98-004 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 98-004 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans date stamped April 20, 1998, on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development Department in accordance with this Exhibit. (1) 1.2 Conditional Use Permit approval shall become null and void unless the authorized office uses commence within twelve (12) months of the date of this exhibit. Time extensions may be granted by the Community Development Department if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.3 The granting of this Conditional Use Permit does not relieve the applicant, or any successors thereto, from the obligation to obtain all necessary licenses, certifications or permits as required from all applicable county, state and/or federal agencies for the establishment of private educational programs. The conditions set forth in this Exhibit do not supersede, nor shall they be superseded by, the requirements set forth by any other licensing agency. (1) 1.4 Approval of Conditional Use Permit 98-004 is contingent upon the applicant signing and returning an "Agreement to Conditions Imposed" form as established by the Director of Community Development. (1) 1.5 The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of a challenge of the City's approval of this project. *** 1.6 Conditional Use Permit 98-004 may be reviewed to ensure compliance with conditions of approval, and reviewed by the Zoning Administrator on a six (6) month basis, or more often if necessary, to ensure that no conflicts have arisen as a result of the operation of the facility. If violations of conditions exist, or if the use is found to be a nuisance or create negative impacts on the surrounding properties, the Zoning Administrator may impose additional conditions to eliminate the negative effects, or may initiate proceedings to revoke the Conditional Use Permit. ------------------------------------------------------------- SOURCE CODES (1) (2) (3) (4) STANDARD CONDITION CEQA MITIGATION UNIFORM BUILDING CODE/S DESIGN REVIEW (5) RESPONSIBLE AGENCY REQUIREMENT (6) LANDSCAPING GUIDELINES (7) PC/CC POLICY *** EXCEPTION Exhibi t A Conditional Use Permit 98-004 Zoning Administrator Action 98-004 Page 2 1.7 The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities arising as a result of the operations of the facility at 181 El Camino Real, including the transporting of children to and from the facility. USE RESTRICTIONS *** *** 2.1 The uses authorized under this Conditional Use Permit are strictly limited to office uses, including administrative and instructor-student tutoring activities. Classroom- type activities are prohibited on the subject property. *** 2.2 The number of students receiving tutoring or counselling at the facility shall be limited to a maximum of five (5) students at anyone time. *** 2.3 All activities and uses at the subject property are subject to the Conditions of Approval for Conditional Use Permit 96-034 (a), contained in Exhibit A of Planning Commission Resolution No. 3532 and incorporated herein by reference. *** 2.4 The subject location is considered separate from the school location at 220 El Camino Real. Use of the building square footage or provided parking at 181 El Camino Real shall not be utilized as justification for an increase in school enrollment. Any increase in school enrollment shall first require the approval of an amendment to Conditional Use Permit 96-034(a) and shall be subj ect to the regulations, application fees and submittal requirements in effect at the time that the amendment is proposed. In addition, any proposal to increase classroom size shall be required to include provisions for additional off-street parking. *** 2.5 Tutoring activities shall be limited to the hours of 7:00 a. m. to 6: 30 p. m., Monday through Friday, which are consistent with. the operational hours of the school. *** 2.6 All students shall be escorted by an adult over the age of 18 to and from these premises. (4) 2.7 All building locking devices added to the premises shall meet those requirements as set forth in the Building Security Code. (4) 2.8 Applicant shall obtain all necessary permits from Building Department prior to construction of improvements that require a permit pursuant to Uniform Building Code and Tustin Municipal Code. the any the Exhibi t A Conditional Use Permit 98-004 Zoning Administrator Action 98-004 Page 3 (5) 2.9 All exterior signs, including any change of copy, require review and approval by the Community Development Department, and may require a building permit, prior to installation. FEES (1) 3.1 Prior to the issuance of any building or sign permits, payment shall be made of all applicable building plan check and permit fees and sign design review fees to the Community Development Department. (1) 3.2 Within forty-eight (48) hours of approval of the subject (5) project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of $38.00 (thirty-eight dollars) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period that applicant has not delivered to the Community Development Department the above-noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened.