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HomeMy WebLinkAboutZA 00-009/CUP 00-008 ZONING ADMINISTRATOR ACTION 00-009 CONDITIONAL USE PERMIT 00-008 2 3 The Zoning Administratorof the City of Tustin does hereby resolve as follows: 4 I. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 The Zoning Administratorfinds and determines as follows: A. That a proper application for Conditional Use Permit 00-008 was filed by Hwang Chung to establish a tutorial service as an accessory use to a retail establishment for Kindergarten through twelfth grade children and youth within an existing building in Planning Area B of Jamboree Plaza Planned Community located at 3021 Edinger Avenue. B. That the proposed use is allowed with approval of Use Determination 00- 004 within Planning Area B of Jamboree Plaza Planned Community, with the approval of a Conditional Use Permit. The Zoning Administrator may consider minor conditional use permits that involve no change of the primary use. C. That the proposed use is consistent with the General Plan and Zoning Code in that the property is designated as "Planned Community Commercial/Business" and zoned "Planned Community Industrial" which allows for the establishment of all activities permitted in the Commercial, Professional and Industrial land use designations such as a retail/tutorial service use. D. That a public hearing was duly called, noticed and held on said application on May 8, 2000 by the Zoning Administrator. E. 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, would not be detrimental to surrounding properties in that the hours of operation, number of participants, and scope of operations for the proposed retail/tutorial facility would be compatible and consistent with the retail uses in the center and nearby residential properties. 2) The proposed use, as conditioned, would not result in parking impacts since tutorial services would be offered on a one-one-one basis and the maximum number of students and instructors and retail area would be limited to the twenty six (26) allocated parking spaces distributed among the retail and tutorial uses. Zoning Administrator Action 00-009 May 8, 2000 Page 2 2 F. That this project is Categorically Exempt from the requirements of the California Environmental Quality Act, pursuant to Section 15301 (Class 1). 3 4 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. 5 6 II. The Zoning Administrator hereby approves Conditional Use Permit No. oo-ooa authorizing establishment of tutorial services as an accessory use to a retail use in an existing building located at 3021 Edinger Avenue, subject to the conditions contained within Exhibit A, attached hereto. 7 8 9 10 PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular meeting held on the ath day of May 2000. II 12 >>~# d(~~ Elizabeth A. BinsaCk ZONING ADMINISTRATOR 13 ~ olse ams RECORDING SECRETARY 14 15 16 17 18 STATE OF CALIFORNIA) COUNTY OF ORANGE ) CITY OF TUSTIN ) 19 20 21 I, ELOISE HARRIS, 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. 00-009 passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the ath day of May 2000. 22 23 24 ~L 25 26 ELOISE HARRIS Recording Secretary 27 28 29 ZONING ADMINISTRATOR ACTION 009 EXHIBIT A - CONDITIONS OF APPROVAL CUP 00-008 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project dated May 8, 2000 on file with the Community Development Department, except as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Director of Community Development may also approve minor modifications to plans if such modifications are consistent with the provisions of the Tustin City Code. (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with prior to the issuance of any building permits for the project, subject to review and approval of the Community Development Department. (1) 1.3 Approval of Conditional Use Permit 00-008 is contingent upon the applicant and property owner signing and returning an "Agreement to Conditions Imposed" form as established by the Director of Community Development. (1) 1.4 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 for this project. (1) 1.5 This Conditional Use Permit may be reviewed by the Director of Community Development within twelve (12) months after the date of this approval and at twelve (12) month intervals thereafter, or more frequently if necessary, to determine if the operations are conducted in accordance with this approval. If the Director of Community Development determines that the method of operation is inconsistent with any of the conditions of this approval or other applicable regulations, the applicant shall, upon notice, cease all violations. The Director of Community Development may also impose additional conditions or modifications to the existing conditions or facilities as part of such review to protect the public health, safety and general welfare. ---------------------------------------------------------------------------------------------------------------------- (1) (2) (3) (4) *** SOURCE CODES STANDARD CONDITION CEQA MITIGATION UNIFORM BUILDING CODElS DESIGN REVIEW EXCEPTIONS (5) (6) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY ExhibitA Zoning Administrator Action 00-009 May 8, 2000 Page 2 USE RESTRICTIONS *** 2.1 The property owner and the applicant shall ensure that twenty six (26) parking spaces are available for use by the facility as follows: Use Square footaQe Office Use 1,764 Retail Use 1,420 Storage 1,512 (including restrooms & corridors) Instructional Use 5 instructors 10 students Total 4,696 Required ParkinQ ratio 1/250 square feet 1/200 square feet Required 7 7 1/1000 square feet 1 space per instructor 1 soace oer two students 2 5 5 26 ... 2.2 The number of instructors are limited to five (5) and a maximum of ten (10) students for tutorial sessions at any given time. *** 2.3 Hours of operation for the retail/tutorial facility shall be limited to: Retail Tutorial Services Monday through Saturday Monday through Friday 10:00 a.m. to 6:00 p.m. 2:30 p.m. to 6:30 p.m. Modifications to the hours of operation may be approved by the Director of Community Development if it is determined that no impacts to surrounding tenants or properties will occur. (1) 2.4 No congregation in the parking area or walkways are allowed in association with the proposed use. (1) 2.5 The subject property shall be maintained in a safe, clean and sanitary condition at all times. The applicant is responsible for collection of any trash associated with the facility or its participants. (1) 2.6 No signs or other forms of advertising or attraction may be placed on the site without approval from the Community Development Department. (1) 2.7 If, at any time in the future, the City is made aware and concurs that a parking problem exists at the subject site as a result of insufficient on-site parking availability, then the Community Development and Public Works Departments may require the property owner and applicant to submit a parking demand analysis prepared by a California licensed traffic engineer and/or a civil engineer experienced in preparation of these documents, at no expense to the City, within the time schedule stipulated by the City. If said study indicates that there is inadequate parking, the applicant may be required to reduce the demand for parking. Exhibit A Zoning Administrator Action 00-009 May 8, 2000 Page 3 BUILDING (c) 3.1 At building permit plan check, please submit four (4) complete sets of construction plans. Requirements of the Uniform Building Code (UBC) and state disabled access requirements shall be complied with as approved by the Building Official. All construction shall be in accordance with the 1994 UBC, applicable City Codes and the City's Security Code. No field changes shall be made without corrections submitted to and approved by the Community Development Department. (c) 3.2 Indicate on the title sheet the applicable codes, City, state and federal laws and regulations to include: · 1997 Uniform Building Code . 1998 California Building Code . 1998 California Mechanical Code · 1998 California Plumbing Codes . 1998 California Electrical Code . City of Tustin Grading and Security Ordinance . City of Tustin Private Improvements Standards (c) 3.3 The plans submitted into plan check shall indicate that both toilets shall be made accessible to persons with disabilities per Title 24 requirements by the Building Official. (c) 3.4 At building plan check, the following items are to be submitted: A. Construction plans and structural calculations where required. Requirements of the Uniform Building, Plumbing, Mechanical and Electrical Codes shall be complied with as approved by the Building Official. B. Additionally, a note on plans shall be included stating that no field changes shall be made without corrections submitted to and approved by the Building Official. (1) 3.5 At the time of building permit application, the plans shall comply with the 1998 California Building, California Mechanical, Code. California Plumbing Codes, California Electrical Code, and other related codes, City Ordinances, and State and Federal laws and regulations. (1) 3.6 All plans shall be drawn to scale. (3) 3.7 Dead end corridors shall not exceed 20 feet (20) in length. ExhibitA Zoning Administrator Action 00-009 May 8, 2000 Page 4 (1) 3.8 Parking for disabled persons shall be provided with an additional 5 foot loading area with striping and ramp; disabled persons shall be able to park and access the building without passing behind another car. At least one (1) accessible space shall be van accessible served by a minimum 96 inch wide loading area. (1) 3.9 At Building Plan Check, the location of any utility vents or other equipment shall be provided on a roof plan. Roof top equipment shall be screened from public view by using materials that are consistent with the existing screening. (1) 3.10 At building plan check submittal, the applicant shall submit cross-section details of the tenant space roof-top showing the installation of the proposed roof-top equipment. Roof-top equipment shall be installed and maintained so as not to be visible from public right-of-way view subject to review of final plans during plan check by the Community Development Department. Should the proposed equipment be visible from public right-of-way view, architecturally compatible screening will be required so that such equipment is not visible. An elevation showing rooftop equipment installation related to the height of the parapet and proposed equipment must be identified at plan check submittal and any design of required screening will be subject to the approval of Community Development Department Director. FEES (1) 4.1 Prior to issuance of any building permits, payment shall be made of all applicable building plan check, and permit fees to the Community Development Department based upon the most current schedule. 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 (5) 4.2 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 $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.