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HomeMy WebLinkAboutPC RES 37233 RESOLUTION NO. 3723 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF 3 TUSTIN, APPROVING CONDITIONAL USE PERMIT 00-006 AUTHORIZING THE ESTABLISHMENT OF A SHARED PARKING 4 PROGRAM AND A PROFESSIONAL-INSTRUCTIONAL FACILITY AT 5 1131 EAST MAIN STREET, #109 AND #209 6 The Planning Commission does hereby resolve as follows: ? The Planning Commission finds and determines as follows: 8 A. That a proper application for Conditional Use Permit 00-006 was filed by 9 Vision Quest Integrated Technologies, Inc., to establish a professional- instructional facility at 1131 East Main Street, #109 and #209, more ]0 specifically described as Assessods Parcel No. 500-162-03. ]1 B. According to Use Determination 00-003, approved by the Planning ~2 Commission on April 10, 2000, professional, instructional, motivational 33 and/or seminar schools are conditionally permitted in the Planned Community- Commercial (PC-Comm) District Regulations established by 34 Use Permit 75-5 for the area bounded by Newport Avenue, Bryan Avenue, and Main Street. 15 ~6 C. That the proposed site is within the Planned Community (PC) Commercial/Business of the General Plan land Use designation that ~? provides for professional, instructional, motivational and/or seminar schools. 18 D. That a public hearing was duly called, noticed and held on said application ~9 on April 10, 2000, by the Planning Commission. 20 E. That the establishment, maintenance and operation of the professional and 2~ vocational training facility will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the 22 persons residing or working in the neighborhood of such proposed use, nor 23 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 24 Tustin, as evidenced by the following findings: 25 1) The proposed use, as conditioned, will not be detrimental to nor 26 have a negative effect on surrounding properties in that the parking demand analysis prepared by the City's Engineering .Division 27 demonstrates that the parking demand of the proposed use can be 28 accommodated by the available parking facilities. Additionally, should there be a problem with adequacy of parking in the future, the ~-~ applicant shall cease operations or limit the number of attendees as deemed appropriate by the Community Development Director until - the issue is resolved. Resolution No. 3723 Page 2 2 3 2) The parking demand analysis demonstrates that no substantial 4 conflict will exist in the peak hours of parking demand for the center and the parking demand for existing and proposed uses can be 5 accommodated on-site. 3) The proposed use, as conditioned, is compatible with the ? surrounding area. The project site is located in a Planned s Community Commercial district in a building occupied by service and professional office uses. As conditioned, the limited number of 9 .attendees and hours of operation is appropriate for the proposed location. ]0 ~ F. That this project is categorically exempt pursuant to Section 15301 (Class 1 ) of the Califomia Environmental Quality Act. ]2 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 14 consistent with the Air Quality Sub-element. ~5 II. The Planning Commission hereby approves Conditional Use Permit 00-006 to ~6 establish a shared parking program and a professional-instructional-facility on property located at 1131 East Main Street, #109-and #209, subject to the ~? conditions contained in Exhibit A attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 10th day-of April, 2000. 20 2! 22 2S KOZAK 24 Chairman 25 ZABI~TH A. BINSACK PILalnnln remission g ~o ' !' S%cre;ary' 1 Resolution No. 3723 Page 3 2 3 4 STATE OF CALIFORNIA ) 5 COUNTY OF ORANGE ) 6 CITY OF TUSTIN ) ? I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning Commission Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3723 was 'duly passed and adopted at a regular meeting of the Tustin 9 Planning Commission, held on the 10th day of April, 2000. 10 i: ETH A. BI AC ~3 Planning Commission Secretary ]4 15 16 17 18 19 20 2l 22 23 24 25 26 27 28 29 EXHIBIT A CONDITIONS OF APPROVAL CUP 00-006 APRIL t0, 2000 GENERAL (1) 1.1 The proposed use shall substantially conform with the submitted plans for the project date stamped April 10, 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 during plan check if such modifications are to be consistent with the provisions of the Tustin City Code and other applicable codes. (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified or prior to the issuance of any building permits for the project, subject to review and approval by 'the Community Development Department. (1) 1.3 The subject project approval shall become null and void unless permits are issued within twelve (12) months of the date of this Exhibit and substantial tenant improvements are underway. Time extensions may be granted if a written request is received by the' Community Development Department within thirty (30) days prior to expiration. (1) 1.4 Approval of Conditional Use Permit 00-006 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) 1.5 The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities adsing out of a challenge of the City's approval for this project. PLAN SUBMITTAL (3) 2.1 Four (4) complete sets of construction plans shall be required for any proposed tenant improvements. Requirements of the Uniform Building Code (UBC) and Title 24 disabled accessibility requirements shall be complied with aS approved by the Building Official. No field changes shall be made without Corrections submitted to and approved by the Community Development Department. (1)(3) 2.2 Indicate on the title sheet the applicable codes, City, state and federal laws and regulations to include: SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY (2) CEQA MITIGATION REQUIREMENTS (3) UNIFORM BUILDING CODE/S (6) LANDSCAPING GUIDELINES (4) DESIGN REVIEW (7) PC/CC POLICY *** EXCEPTIONS Exhibit A Resolution No. 3723 April 10, 2000 F~age 2 · 1998 California Building Code · 1998 California Mechanical Code · 1998 California Plumbing Code · 1996 California Electrical Code · City of Tustin Security Ordinance (3) 2.3 In accordance with Conditional Use Pe~rnit 00-006, occupancy shall be limited to 42 persons. Notwithstanding other occupancy limitations, access to two exits from the suite is required for areas on the second floor where occupancy exceeds forty- nine (49) persons in accordance with the Uniform Building Code. Exits shall be shown on the plans. The maximum suite occupancy shall be posted in the building and on the plans. (3) 2.4 All exit doors shall swing in the path of travel and be eeuipped with State Fire Marshal approved panic hardware. Identify these on the plans. (3) 2.5 Vehicle parking, primary entrance to the building, the primary paths of travel, cashier space, sanitary facilities, drinking fountain, and public telephones shall all be accessible to persons with disabilities. Show these, including any existing or proposed handicapped-accessible parking stalls and the path of travel from the stalls to the building entrance on the plans. (5) 2.6 As required by California Business and Professional Code, plans shall be stamped and signed by the person responsible for preparation. (3) 2.7 The plans submitted into plan check shall show restroom facilities for both sexes and shall indicate that toilet facilities in the restrooms shall be accessible to persons. with disabilities. USE RESTRICTIONS (2) 3.1 Based on the approved floor plan and the parking demand analysis prepared by the City's Engineering Division dated March 8, 2000, the total number of seats within the training facility in Suite #209 shall be limited to a maximum of forty-two (42): No increase in the number of seats'shall occur without approval from the Community Development Director. (2) 3.2 Based on the parking demand analysis prepared by the City's Engineering Division dated March 8, 2000, hours of operation shall be limited to 8:00 a.m. to 10:00 p.m., Monday through Saturday. No changes in the hours of operation shall occur without approval from the Community Development Director. (2) 3.3 If, at any time in the futur'e, 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, the applicant shall cease operations or limit the number of attendees as deemed appropriate by the Community Development Director until the issue is resolved. Exhibit A Resolution No. 3723 April 10, 2000 Page 3 *** 3.4 No congregation in the parking area or outside walkways is permitted in association with the proposed use. *** 3.5 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 seminars/training programs or their participants. *** 3.6 No temporary signs or other forms of advertising or attraction may be placed on the site without approval from the Community Development Department. SIGNS (1) 4.1 All signage shall be addressed under separate permits and shall comply with the requirements of the Tustin Sign Code and the Master Sign Program for the Tustin Plaza Center. FEES (1)(5) 5.1 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 rec~uired based upon those rates in effect at the time of payment and are subject to change. A. Building plan check and permit fees, including any applicable permit penalties to the Community Development Department based on the most current schedule. · Bo Orange County Fire Authority plan check inspection fees to the Community Development Department based upon the most current schedule. (1) 5.2 Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashiers 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.