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HomeMy WebLinkAboutZA 99-004/CUP 98-036 2 3 I. 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 ZONING ADMINISTRATOR ACTION 99-004 CONDITIONAL USE PERMIT 98-036 The Zoning Administrator of the City of Tustin does hereby resolve as follows: The Zoning Administrator finds and determines as follows: A. That a proper application for Conditional Use Permit 98-036, was filed by Beth McDade, requesting authorization to expand an existing nursery and elementary school into a 930 square foot suite located at 250 EI Camino Real #114, and increase enrollment from sixty-four (64) students and eight (8) staff members to one hundred forty (140) students and eleven (11) staff members. B. That the proposed use is allowed within the Central Commercial (C-2 P) Zoning District, with the approval of a Conditional Use Permit. C. That a public hearing was duly called, noticed and held on said application on May 18, 1999 by the Zoning Administrator. D. That the establishment, maintenance. and operation of the use applied for will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use nor be a detriment to the property and improvements in the neighborhood of the subject property, nor to the general welfare of the City of Tustin as evidenced by the following findings: 1. The proposed use, as conditioned, will not be detrimental to the surrounding properties in that the school can be accommodated on the subject property without substantial exterior modifications being required. 2. As conditioned, the use will not have a negative effect on surrounding property owners, or impact the availability of parking in that a parking demand analysis was performed which demonstrated that at peak usage under current enrollment levels, there were twenty-one (21) surplus parking spaces available. At the applicable parking ratio of one (1) loading space for each eight (8) students and one (1) space for each staff member, the proposed expansion would only require an additional five (5) spaces over the current enrollment levels. A condition of approval is included in Zoning Administrator Action 99-004 requiring the school to have any future expansion of enrollment or staff approved by the Community Development Director. Further, should there be a problem with inadequacy of parking or traffic circulation, the applicant will be required to prepare a formal traffic and parking demand analysis identifying and implementing mitigation measures required by the City. 2 Zoning Administrator Action 99-004 Page 2 3 3. As conditioned, the use is compatible with and may support existing uses in the surrounding neighborhood. That this project is Categorically Exempt from the requirements of the California Environmental Quality Act, pursuant to Section 15301 (Class 1). 4 5 E. 6 F. 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. 7 8 II. The Zoning Administrator hereby approves Conditional Use Permit No. 98-036 authorizing the expansion of an existing nursery and elementary school into 250 EI Camino Real, Suite #114 and the increase in enrollment from sixty-four (64) students and eight (8) staff members to one hundred forty (140) students and eleven (11) staff members, subject to the conditions contained within Exhibit A, attached hereto. 9 10 11 12 PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular meeting held on the 18th day of May, 1999. 13 14 ~i?2~~ A -- I B TH A. BIKlSACK Zoning Administrator 15 16 17 , J 18 19 STATE OF CALIFORNIA) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, KATHY MARTIN, 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. 99-004 passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 18th day of May, 1999. 20 21 22 23 24 '~~~ KATHY, ARTIN Recording Secretary 25 26 27 28 29 *** (1 ) (1 ) (1 ) EXHIBIT A ZONING ADMINISTRATOR ACTION 99-004 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 98-036 GENERAL (1 ) 1.1 The proposed project shall substantially conform with the submitted plans date stamped May 18, 1999, 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. 1.2 Conditional Use Permit approval shall become null and void unless the authorized use commences 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. 1.3 Approval of Conditional Use Permit 98-036 is contingent upon the applicant signing and returning an "Agreement to Conditions Imposed" form as established by the Director of Community Development. 1.4 Conditional Use Permit 98-036 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 if found to be a nuisance or create negative impacts on the surrounding uses, the Zoning Administrator may impose additional conditions to eliminate the negative effects, or may initiate proceedings to revoke the Conditional Use Permit. (1 ) (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 Any violation of any of the conditions imposed is subject to the imposition of a civil penalty of $100.00 for each violation and each day the violation exists. 1.7 The applicant shall be responsible for costs associated with any necessary code enforcement action. --....---------....--------..-..--------..-------..--------------------..--------------------------------------------------------- SOURCE CODES (1) (2) (3) (4) STANDARD CONDITION REQUIREMENT CEQA MITIGATION UNIFORM BUILDING CODEtS DESIGN REVIEW (5) (6) (7) *** RESPONSIBLE AGENCY LANDSCAPING GUIDELINES PCtCC POLICY EXCEPTION Exhibit A Zoning Administrator Action 99-004 May 18,1999 Page 2 USE RESTRICTIONS (5) 2.1 Ability Plus School is hereby limited to a maximum enrollment of one hundred forty (140) students and a maximum often (10) staff members and one (1) janitor. These levels may not be increased without prior approval from the Community Development Director and submittal of a parking demand analysis prepared by the applicant. Further, Suite 114 at 250 El Camino Real shall be limited in use to diagnostic testing and office uses with a maximum of twenty (20) students at anyone time. (2) 2.2 Applicant shall revise and update any licenses or certificates to operate as may be required by applicable regulatory agencies including, but not limited to, community care licensing and the State of California Department of Education. (2) 2.3 If in the future the City is advised that a parking, traffic, or noise problem exists on the site or in the vicinity as a result of the school, the Community Development Director may require the applicant to prepare a parking demand analysis, traffic study or noise analysis. If said study indicates that there is inadequate parking or a traffic or noise problem, the applicant shall be required to provide mitigation measures to be reviewed and approved by the Zoning Administrator. Said mitigation measures may include, but are not limited to, the following: a. Adjust hours of operation. b. Secure off-site parking from adjacent property owners. c. Reduce student enrollment. (2) 2.4 The applicant shall record a reciprocal access agreement authorized by all property owners of record to ensure that the joint use of all lots by the school shall continue for the duration of the school use. (2) 2.5 All activities and uses at the subject location 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. PLANS SUBMITTAL (1 ) 3.1 In compliance with the Tustin City Code and the Uniform Building Code (Application for Permit), the applicant must submit building plans to the Building Division for review and approval prior to the issuance of a building permit if the applicant desires to construct tenant improvements. Exhibit A Zoning Administrator Action 99-004 May 18,1999 Page 3 (1) 3.2 In compliance with the California Code of Regulations, Title 24 Part 2, Accessibility Standards, the applicant must provide designs for accessibility for the physically challenged to the Building Division for their review and approval prior to the issuance of a building permit. (1) 3.3 In compliance with the Department of Justice (Office of the Attorney General), accessibility for the proposed project shall be provided. The designer, Architect or Engineer for the proposed project must comply with the Americans with Disabilities Act (ADA) (Federal Register). (3) 3.4 Classroom occupancy and restroom facilities shall will comply with the 1994 Uniform Building Code. (2) 3.5 Applicant shall install pavement markings and signage to the parking space in Lot 2 adjacent to the handicap access ramp, designating the space for handicap use only. (2) 3.6 Applicant shall fog seal and restripe the thirteen (13) spaces in Lot 2 adjacent to C Street to increase the legibility of the spaces. FEES (1) 4.1 Prior to issuance of any building permits, payment shall be made of all applicable fees, including but not limited to the following. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. a) Building plan-check and permit fees to the Community Development Department based on the most current schedule. b) Orange County Fire Authority plan-check and inspection fees to the Community Development Department based upon the most current schedule. (1) 4.2 Within forty eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashier 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) hours period that applicant has not delivered to the Community Development Exhibit A Zoning Administrator Action 99-004 May 18,1999 Page 4 BE :99004Cup98036. doc 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.