Loading...
HomeMy WebLinkAboutPC RES 3648RESOLUTION NO. 3648 ]0 20 24 25 2'/ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 98-033 AUTHORIZING THE ESTABLISHMENT OF A COUNSELING ORGANIZATION (GRUPO A.A. CENTRO AMERICA) AT 205-215 W. FIRST STREET, SUITE 202, 203 AND 204. 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 98-033 was filed by Cados Rodriguez to request authorization to establish a fraternal organization known as Grupo A. A.. Centro America at 205-215 First Street, Suite 202, 203 and 204, more specifically described as Assessor's Parcel No. 401-531-13,14. B, According to First Street Specific Plan, fraternal organizations and similar uses are conditionally permitted in the Office Primary land use designation. Ct That a public hearing was duly called, noticed and held on said application on January 25, 1999, by the Planning Commission. D, That the establishment, maintenance and operation of the counseling organization 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 surrounding properties in that the counseling will take place within the office building limiting any extedor noise that may impact. surrounding residential properties. A condition is included to ensure no outdoor congregation would occur before or after sessions. 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 available on-site and the number of participants are not anticipated to generate any traffic impacts. 3) The proposed use, as conditioned, is compatible with uses in the surrounding area given the proposed hours and the small number of participants. 9 II. Resolution No. 3648 Page 2 E. The Commission finds that the proposed use will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole. F. That this project is categorically exempt pursuant to Section 15301 (Class 1) of the California Environmental Quality Act. The Planning Commission hereby approves Conditional Use Permit 98-033 to establish a counseling service known as Grupo A. A. Centro America on the property located at 205-215 W. First Street, Suite 202, 203 and 204, subject to the conditions contained in Exhibit A attached hereto. 12 PASSED AND ADOPTED by the Planning Commission of the City_of Tustin, at a regular eet,of a ua 25th day of January, 1999. 14 LESLIE PONTIOUS - ELIZABETH A. BINSACK ]7 Planning Commission Secretary 18 ~9 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ~.0 CITY OF TUSTIN ) I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning _~2 Commission Secretary of the Planning Commission of the City of Tustin, Califomia; that Resolution No. 3648 was duly passed and adopted at a regular meeting of the Tustin 23 Planning Commission, held on the 25th day of January, 1999. 24 25 26 27 ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A CONDITIONAL USE PERMIT 98-033 CONDITIONS OF APPROVAL RESOLUTION NO. 3648 GENERAL 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped Jan'uary 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. 1.3 . Approval of Conditional Use Permit 98-033 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 appli .cant 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. 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. (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. 3648 January 25, 1999 Page 2 The applicant shall be responsible for costs associated with any necessary code enforcement action. Any changes in the operation of the proposed use including conversion to a similar use or a new business operator requires an amendment to Conditional Use Permit 98-033. · USE RESTRICTIONS A maximum number of thirty (30) persons may gather for grqup sessions at any one time. 2.2 The daily hours of operation for the counseling services are limited to 7:00 p.m. to 10:00 p.m. 2.3 No congregation or loitering of persons in the parking area or outside hailway/walkways is allowed in association with the proposed use. The operator shall be responsible to ensure that no outdoor congregation Occurs. 2.4 The subject property shall be maintained in a safe, clean and sanitary condition at all times. The applicant is responsible for daily collection of any trash. 2.5 No temporary signs or other forms of advertising or attraction may be placed on the site without approval from the Community Development Department. 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.