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HomeMy WebLinkAboutPC RES 370410 ]2 20 2] 23 24 25 27 RESOLUTION NO. 3704 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 99-024 AUTHORIZING THE ESTABLISHMENT OF A MARTIAL ARTS STUDIO AT 640 W. FIRST STREET, SUITE E, TUSTIN, CALIFORNIA. The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application for Conditional Use Permit 99-024 was filed by David Hughes of Oom Yung Doe to request authorization to establish a martial arts studio at 640 W. First Street, Suite E, more specifically described as Assessor's Parcel No. 401-551-40. B. According to Use Determination 99-003, approved by the Planning Commission on November 22, 1998, martial arts studios are conditionally permitted in the Commercial as Primary Use designation of the First Street Specific Plan (ESSP).. .............. Co That a public hearing was duly called, noticed and held on said application on November 22, 1999, by the Planning Commission. Do That the establishment, maintenance and operation of the martial arts studio 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 injurious or detrimental to the property and improvements in the neighborhood of the subject property, or 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, the number of participants, and scope of operations for the proposed martial arts 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 classes would be offered to small groups and individuals and the maximum number of occupants for the facility would be limited to thirteen (13) persons (students and instructors) by the 4.5 parking spaces allocated to Suite E. Bo That this project is a categorically exemption pursuant to Section 15301 (Class 1) of the California Environmental Quality Act. 14 Resolution No. 3704 Page 2 The Planning Commission hereby approves Conditional Use Permit 99-024 to establish a martial arts studio on the property located at 640 W. First Street, Suite E, 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 22nd day of November, 1999. //g~~N V. KOZAK ChairCF~'rson ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) 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. 3704 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 22nd day of November, 1999. 24 A. BINSACK Planr~ing Commission Secretary EXHIBIT A CONDITIONAL USE PERMIT 99-024 CONDITIONS OF APPROVAL RESOLUTION NO. 3704 GENERAL (1) 1.2 (1) 1.3 (1) 1.4 (1) 1.5 The proposed project shall substantially conform with the submitted plans for the project date November 22, 1999 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. 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. Approval of Conditional Use Permit 99-024 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. 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. 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 CON DITI ON CEQA MITIGATION UNIFORM BUILDING CODE/S DESIGN REVIEW EXCEPTIONS (5) (6) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY Exhibit A Resolution No. 3704 November 22, 1999 Page 2 USE RESTRICTIONS The reciprocal parking area for 610, 630 and 640 W. First Street provides 39 parking spaces. According to a parking study by the City Traffic Engineer in 1998, of twenty seven (27) parking spaces available for the retail center (excluding 7-11), 4.5 parking spaces would be allocated to Suite E. Based on this number, and a parking ratio of one parking space per three participants (students and instructors), the number of persons occupying the facility shall be limited to maximum thirteen (13) at any one time. 2.2 Hours of operation shall be limited to 9'00 a.m. to 9'00 p.m. Monday through Saturday. The school shall be closed on Sundays. 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) 2.3 Operations of the martial arts studio shall comply with the City of Tustin Noise Ordinance (Tustin City Code Section 4611 et seq.). (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 martial arts studio 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 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 Resolution No. 3704 November 22, 1999 Page 3 PLAN SUBMITTAL (1) 3.1 Tenant improvement plans shall be submitted for review and approval by the Community Development Department. The applicant shall obtain building permits for the existing tenant improvements and any sign installed. (5) 3.2 The plans submitted to plan check shall indicate that restrooms shall be made accessible to persons with disabilities as per State of. California Accessibility Standards (Title 24). FEES (1) 4.1 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.