Loading...
HomeMy WebLinkAboutPC RES 3650l0 20 24 RESOLUTION NO. 3650 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 98-034 AUTHORIZING THE ESTABLISHMENT OF A DRIVING SCHOOL OFFERING ON-SITE CLASSES AND OFF-SITE DRIVING LESSONS AT 205-215 W. FIRST STREET, SUITE 201,210, 211 AND 212. 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 98-034 was filed by Oscar Montalvo of American Driving School to request authorization to establish a driving school at 205-215 First street, Suite 201,210, 211 and 212, more specifically described as Assessor's Parcel No. 401-531-13, 14. Bo Ac'cording to Use Determination 98-001, approved by the Planning Commission on January 25, 1998, professional, instructional, motivational or seminar schools are conditionally permitted in the Office as Primary Use designation of the First Street Specific Plan (FSSP). C. That a public hearing was duly called, noticed and held on said application on January 25, 1999, by the Planning Commission. Do 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 neight)orhood 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 surrounding properties in that the driving school classes will take place during the day, approximately four months of the year, and during the daytime on weekends during the remainder of the year. 2) The proposed use, as conditioned, will not have a negative effect on surrounding properties, or impact traffic or the availability of parking in that sufficient parking will be provided and no potential traffic or noise impacts are anticipated. No parking impacts are anticipated since participants are not authorized to drive vehicles and Condition 2.2 would preclude students from using on-site parking. No noise impacts are anticipated since Condition 2.3 would prohibit participants from congregating outside the tenant space. Resolution No. 3650 Page 2 I!. 3) E. The proposed' use, as conditioned, is compatible with uses in the surrounding area. The project site is located in the Office as Primary Use of the First Street Specific Plan in an office building Occupied by retail and professional office uses. As conditioned, the type and scale of the operation with proposed hours and the small number of the students is appropriate for the proposed location. That this project is a categorically exemption pursuant to Section 15301 (Class 1) of the California Environmental Quality Act. The Planning. Commission hereby approves Conditional Use Permit 98-034 to establish a driving school on the property located at 205o215 W. First Street, Suite 201,210, 211 and 212, 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 25th. day of January, 1999. ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) -- COUNTY OF ORANGE ) _,; CITY OFTUSTIN ) LESLIE PONTIOUS Chairperson , 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. 3650 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 25th day of January, 1999. 27 ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A CONDITIONAL USE PERMIT 98-034 CONDITIONS OF APPROVAL RESOLUTION NO. 3650 (1) (1) GENERAL 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped January 25, 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. 13 Approval of Conditional Use Permit 98-034 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 six (6) months after the date of this approval and at six (6) 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. 3650 January 25, 1999 Page 2 (1) 1.6 As determined by a City code enforcement officer, any violation of any of the conditions imposed by this Resolution is subject to the imposition of a civil penalty of $100.00 on the property owner and/or operator for each violation and each day the violation exists. (1) 1.7 The applicant shall be responsible for costs associated with any necessary code enforcement action. USE RESTRICTIONS The number of students shall be limited to 20 students per day at any one time. 2.2 Students shall arrive at the school in a manner that does not require use of on-site parking. If students arrive by passenger vehicles, vehicles shall not use on-site parking and shall drop off and .pick up students from the location. 2.3 No congregation in the parking area or outside walkways are allowed in .association with the proposed use. 2.4 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 driving school or its participants. 2.5 All activities related to practical driving lessons (other than registration) including pick up and drop off of students shall take place off-site. No' vehicles used for driving lessons shall be parked or stored on-site at any time. 2.6 No ternporary signs or other forms of advertising or attraction may be placed on the site without approval from the Community Development Department. 2.7 The number of company owned passenger vehicles parked on-site shall be . limited to four (4). All passenger vehicles shall be stored on site in designated stalls shown on Exhibit B. Passenger vehicles shall not' be picked up or returned to the site before 7:00 a.m. or after 9:00 p.m. Monday through Friday and before 9:00 a.m. 'and after 5:00 p.m. on Saturday. Exhibit A Resolution No. 3650 January 25, 1999 Page 3 FEES 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-&ight 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. J 0 ' ;~'" O'. Z uJ! u~: _.e Z~ ~ ~ Z > - 0 ~ Z 0 0 Z o 0 0 0 Z