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HomeMy WebLinkAboutPC RES 3671]0 2! 24 "5 27 RESOLUTION NO. 3671 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 99-006 AUTHORIZING THE ESTABLISHMENT OF A MUSIC SCHOOL AT 1077 EAST MAIN STREET. The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows' Ao That a proper application for Conditional Use Permit 99-006 was filed by Stella Voldman to establish a music school at 1077 East Main Street, more specifically described as Assessor's Parcel No. 500-162-04. B. According to Use Determination 99-001, approved by the Planning Commission on May 10, 1999, music schools are conditionally permitted in the Planned Community - Commercial (PC-Comm) District Regulations established by Use Permit 75-5 for the area bounded by Newport Avenue, Bryan Avenue, and Main Street. C. That a public hearing was duly called, noticed and held on said application on May 10, 1999, by the Planning Commission. D. That the establishment, maintenance and operation of the driving school 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, will not be detrimental to nor have a negative effect on surrounding properties in that sufficient parking will be provided and no potential traffic impacts are anticipated. No noise impacts are anticipated since the operations of the school will be enclosed within classrooms in the tenant space and Condition 2.5 requires the applicant to comply with the City of Tustin Noise Ordinance, which limits all noise to 70 dB(A) for a cumulative period of more than one (1) minute in any hour. In addition, Condition 2.6 is included to require the preparation of a noise study if noise impacts occur. 2) The proposed use, as conditioned, is compatible with the surrounding area. The project site is located in a Planned Community Commercial district in a building occupied by retail, service and professional office uses. As conditioned, the limited 10 2O 2! Resolution No. 3671 Page 2 II. number of students and hours of operation is appropriate for the proposed location. Bo That this project is a categorically exempt pursuant to Section 15301 (Class 1 ) of the California Environmental Quality Act. The Planning Commission hereby approves Conditional Use Permit 99-006 to establish a music school on the property located at 1077 East Main Street, 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 May, 1999. LESLIE PONTIOUS Chairperson 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. 3671 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 10th day of May, 1999. 27 29 Planning Commission Secretary EXHIBIT A CONDITIONAL USE PERMIT 99-006 CONDITIONS OF APPROVAL RESOLUTION NO. 3671 (1) (1) (1) (1) (1) GENERAL 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped May 10, 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. 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. 1.3 Approval of Conditional Use Permit 99-006 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. 1.4 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. 1.5 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. (2) (3) (4) SOURCE CODES STANDARD CONDITION CEQA MITIGATION UNIFORM BUILDING CODE/S DESIGN REVIEW EXCEPTIONS (5) (6) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY Exhibit A Resolution No. 3671 May 10, 1999 Page 2 USE RESTRICTIONS The maximum number of students shall be limited to fifteen (15) Students and five (5)instructors at any one time. 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. *** 2.3 Concerts or recitals are prohibited at this location. No congregation in the parking area or outside walkways shall be allowed in association with the proposed use. Operations of the school shall comply with the City of Tustin Noise Ordinance (Tustin City Code Section 4611 et seq.). *** 2.6 If the City of Tustin is made aware of potential noise impacts or receives noise complaints related to the operation of the music school, the Director of Community Development shall select a noise consultant to prepare a noise.analysis to demonstrate that noise levels do not exceed the maximum noise levels allowed by the Tustin Noise Ordinance or recommend mitigation to ensure compliance with the Noise Ordinance. The applicant shall be responsible for all costs associated with preparation of the noise analysis. FEES 3.1 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 Califomia Environmental Quality Act could be significantly lengthened.