HomeMy WebLinkAboutCC RES 92-471
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RESOLUTION NO. 92-47
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA UPHOLDING THE DECISION
OF THE PLANNING COMMISSION OF THE CITY OF
TUSTIN, TO APPROVE CONDITIONAL USE PERMIT 92-
004, AUTHORIZING THE ESTABLISHMENT OF A
MARTIAL ARTS STUDIO USE IN THE PLANNED
COMMUNITY (PC), MIXED USE LAND USE CATEGORY
LOCATED WITHIN THE TUSTIN MARKET PLACE AT 2923
AND 2925 EL CAMINO REAL, TUSTIN.
The City Council of the City of Tustin does hereby
resolve as follows:
I. The City Council finds and determines as follows:
ao
A proper application, Conditional Use Permit
92-004 has been filed by Donahue Schriber on
behalf of Karate Master~ USA, Inc. requesting
authorization for the establishment of a
martial arts studio use in the Planned
Community (PC) Mixed Use land use category
located within the Tustin Market Place at 2923
and 2925 E1 Camino Real, Tustin.
Be
A public hearing was duly called, noticed and
held by the Planning Commission of the City of
Tustin for said application on March 9, 1992,
at which time Resolution No. 3010 was adopted,
approving the project.
A proper appeal has been filed by Mr. Chang
Jin Kang appealing the adoption of Planning
Commission Resolution No. 3010 approving
Conditional Use Permit 92-004.
Do
A public hearing was duly called, noticed and
held for said appeal on April 6, 1992.
Se
The subject premise is located in the Mixed
Use land use category. The martial art studio
use applied for is a conditionally permitted
use within the Mixed Use land use category
pursuant to the East Tustin Specific Plan and
the January 9, 1992 Use Determination
regarding this location.
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
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Resolution No. 92-47
Page 2
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:
The proposed martial arts studio use is
to be located in a existing shopping
center and would be compatible with the
other existing commercial retail and
restaurant uses within the center. The
use poses not significant impact, in that
there is a lack of sensitive land uses
adjacent to the site, such as residential
uses.
Adequate lighting is proposed for the
project for pedestrian and parking areas,
creating a safe environment for customers
and employees, which has been provided as
part of the center development.
Adequate parking is available on site to
provide parking for the current use
within the center and the proposed use,
which has been provided as part of the
center development.
The subject property will be required to
be maintained in a safe, clean and
sanitary manner; thus eliminating any
potential for unhealthful or injurious
site conditions.
The business
martial arts
follows:
hours for the proposed
studio use will be as
Monday - Friday
Saturday - Sunday
10:00 am to 9:00 pm
10:00 am to 5:00 pm
These hours would be compatible with the
existing commercial uses.
As conditioned, the applicant will post a
"No Loitering" sign to insure the well-
being of the customers of the martial
arts studio and customers of existing
surrounding uses within the center.
1
Resolution No. 92-47
Page 3
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That the establishment, maintenance and
operation of the use applied for will not be
injurious or detrimental 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
findings (F 3-6) stated above.
This project is Categorically Exempt from the
requirements of the California Environmental
Quality Act, pursuant to section 15301 (Class
1).
II.
The City Council of the ~ity of Tustin hereby
upholds the Planning Commission's decision to
approve Conditional Use Permit 92-004 authorizing
the establishment of a martial arts studio use in
the Planned Community (PC) Mixed Use land use
category located within the Tustin Market Place at
2923 and 2925 E1 Camino Real, Tustin, subject to
the conditions contained within Exhibit A attached
hereto and incorporated herein by reference.
PASSED AND ADOPTED at a regular meeting of the Tustin
City Council held on the 6th day of April, 1992.
/
Charles E. Puckett, Mayor
Mary E.~Wynn,~'ty Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
SS
EXHIBIT A
CONDITIONAL USE PERMIT 92-004
CONDITIONS OF APPROVAL
RESOLUTION NO. 92-4?
(1)
(1)
(1)
(1)
GENERAL
1.1
The proposed project shall substantially conform with the
submitted plans for the project date stamped April 6,
1992 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. The Director of Community Development may also
approve subsequent minor modifications to plans during
plan check if such modifications are to be consistent
with provisions of the Tustin City Code and the approved
plans.
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, by the Community Development
Department.
1.3
Approval of Conditional Use Permit 92-004 is contingent
upon the applicant signing and returning an "Agreement to
Conditions Imposed" form as established by the Director
of Community Development.
1.4
This Conditional Use Permit approval shall become null
and void unless building permits are issued within twelve
(12) months of the date of this Exhibit. Time extensions
may be granted by the Planning Commission if a written
request is received by the Community Development
Department within thirty (30) days prior to expiration.
(5)
USE RESTRICTIONS
2.1 No more than 50 persons may occupy the premises at one
time, based on UBC occupancy requirements.
(3) 2 .Z
The Tustin City Noise Ordinance, allowing a maximum
exterior noise level of 70 dBa, shall be observed on the
premises at all times.
SOURCE CODES
(1) BTANDARD CONDITION
(2) CEQA MITIGATION
(3) UNIFORM BUILDING CODE/S
(4) DESIGN REVIEW
*** EXCEPTION
(5) RESPONSIBLE AGENCY REQUIREMENT
(6) LANDSCAPING GUIDELINES
(7) PC/CC POLICY
Exhibit A - Conditions of Approval
Conditional Use Permit 92-004
Resolution No. 92-47
Page 2
(4) 2.3
(4) 2.4
(4) 2.s
(1)
(4)
2.6
Business hours shall be between the hours of 10:00 am to
9:00 pm Monday through Friday and 10:00 am to 5:00 pm on
Saturday and Sunday. Extension of these hours shall
require an amendment to the Conditional Use Permit.
"No loitering' signs shall be posted at the entrance of
the business or other specified location(s).
Ail lighting and building locking devices added to the
premises shall meet those requirements as set forth in
the Building Security Code.
The subject property shall be maintained in a safe,
clean and sanitary condition at all times.
(3)
(2)
(3)
PLAN SUBMITTAL
3.1 At building plan check the following shall be submitted:
ao
Three (3) sets of construction plans and two (2)
sets of structural calculations, and Title 24
energy calculations. Requirements of the Uniform
Building Codes, State Handicap and Energy
Requirements shall be complied with as approved by
the Building Official.
Be
Preliminary technical detail and plans for all
utility installations including cable TV, telephone,
gas, water and electricity. 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.
SITE AND BUILDING CONDITIONS
4.1
Ail signs for the project shall comply with the
Tustin Market Place sign program and shall be
submitted for review and approval by the Community
Development Department.
4.2
Ail utilities exclusively serving the site shall be
undergrounded in accordance with City Code Section
8402(a) and installed in accordance with applicable
Uniform Building and Electrical Code requirements.
Exhibit A - Conditions of Approval
Conditional Use Permit 92-004
Resolution No. 92-47
Page 3
FEES
(1) 5.1 Prior to issuance of any building permits, payment
(3) shall be made of all required fees including:
ae
Ail applicable building plan check and permit
fees to the Community Development Department.
Orange County Fire Department fees to the
Community Development Department.
JP:nm
City of Tustin
RESOLUTION CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
SS
RESOLUTION NO. 92-47
Mary E. Wynn, City Clerk and ex-officio Clerk of the City Council of the
City of Tustin, California, does hereby certify that the whole number of
the members of the City Council is five; that the above and foregoing
resolution was passed and adopted at a regular meeting of the City Council
held on the 6th day of April, 1992, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
Puckett, Pontious, Edgar, Potts, Prescott
None
None
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