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HomeMy WebLinkAboutPC RES 3519!0 !! 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 RESOLUTION NO. 3519 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING AMENDMENT TO CONDITIONAL USE PERMIT 89-021, AUTHORIZING THE ESTABLISHMENT OF A LIMITED AMOUNT OF MEDICAL/DENTAL USES IN AN EXISTING BUILDING LOCATED AT 13662 NEWPORT AVENUE. The Planning Commission of the City of Tustin does hereby resolve as follows- i · The Planning Commission finds and determines as follows- A. That a oromer auo!ication for Amendment to Conditional Use Permit 89-021 was filed by Hamilton Company requesting authorization to establish medical/dental uses in an existing building at 13662 Ne~ort Avenue more specifically described as Assessor's Parcel No. 500-171-02 and 28. That the oromosed use is allowed within the ~ Central Commercial - Parking Overlay Zoning District, with the approval of a Conditional Use Permit. Co That a public hearing was duly called, noticed and held on said application on April 14, 1997 by the Planning Commission. Do 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 welkare 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 the surrounding properties in that the medical/dental use can be accommodated on the subject property with little or no exterior 'modifications required. !0 12 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 3519 Page 2 -- 2) As conditioned, the use will not have a negative affect on surrounding property or impact the availability of off-street parking in that the parking demand generated by the proposed use is satisfied by the parking provided on site. The total square footage of floor area allocated to medical/dental uses at any time will be limited to a maximum of 3,700 square feet. Should there be a problem with adequacy of parking, the applicant will be required to prepare a parking demand analysis identifying mitigation measures. 3) As conditioned, the use is compatible with the surrounding neighborhood in that the operation of the medical/dental use will appear and function similarly to existing and permitted retail uses. This project is Categorically Exempt (Class 1, existing facilities) pursuant to the provisions of Section 15301 of the California Environmental Quality Act. II. The Planning Commission hereby approves Amendment No. 1 to Conditional Use Permit 89-021, to authorize the establishment of a limited amount of medical/dental use in an existing building, located at 13662 Newport Avenue, 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 14th day of April, 1997 LOU BONE Chairman BARA REYES ~ Recording Secretary !0 !1 12 13 15 16 17 18 19 20 21 22 23 24 2S 26 27 28 Resolution No. 3519 Page 3 STATE OF CALIFOiP~IA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) !, B.~RB.~A REYES, the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3519 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the !4th day of April, 1997. Recording Secretary EXHIBIT A A>fENDMENT NO. 1 OF CONDITIONAL USE PERMIT 89-021 CONDITIONS OF APPROVAL RESOLUTION NO. 3519 GENrE_PAL (!) 1.1 The proposed project shall substantially conform with the submitted plans for the project.date stamped April 14, 1997, 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 the plans if such modifications · '~ wi he . are consistent th t 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 by the Community Development Department. . (1) 1.3 Approval of Amendment No. 1 of Conditional Use Permit 89- 021 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) 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 of this project. SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODE/S (4) DESIGN REVIEW *** EXCEPTIONS (5) RESPONSIBLE AGENCY REQUIREMENTS (6) LANDSCAPING GUIDELINES (7) PC/CC POLICY Exhibit A Amendment No. 1 CUP 89-021 Pa~e 2 (1) 1.5 Condition 1.3 of Planning Commission Resolution No. 2635 is hereby revised to read as follows- "Parking for the proposed commercial center shall be maintained as follows- 1 parking space per 200 square feet of retail use. 1 parking space per 250 square feet of office use. ! parking space per 3 seats for restaurant use. 1 parking space per 200 square feet of medical/ dental uses, with a maximum of 1,460 square feet. ~my additional medical/dental uses in excess of 1,460 square feet of floor area will require either a modification of the type of tenants to reduce the parking demand and/or preparation of a marking demand analysis to determine the adequacy of on- site parking. (!) 1.6 Condition 1.3 of Planning Commission Resolution No. 2635 is hereby amended to read as follows: "The uses authorized by the approval of Conditional Use Permit (CUP) 89-21 are as follows- a o A minimum of 75 percent of the building floor area shall be devoted to retail sales establishments. b o The type of uses allowed in the project shall substantially conform to those uses authorized in the C-2 Zoning district except for those uses specifically prohibited in this resolution. All uses which require a CUP as listed in the C-2 zoning district will also require a Conditional Use Permit for this site. C · Prohibited Uses: Auto repair or general retail auto parts sales (excluding specialty accessory parts sales) or installation, schools or training facilities, laundromats, convenience or. liquor stores, arcades or other gaming establishments. d. The maximum amount of building floor area devoted to medical/dental uses shall not exceed 3,700 square feet." (1) 1.7 Ail other conditions of Planning Commission Resolution No. 2635 shall remain in full force and effect. Exhibit A Amendment No. 1 CUP 89-021 Page 3 USE RESTRICTIONS (4) 2.1 The maximum number of seats oermitted in each restaurant use is determined at the time of building plan check, and may be limited by the amount of parking available. Should additional parking become available or the tenant mixture change, the Community Development Department shall review all proposed seating plans based upon the parking ratios outlined in Condition 1.3, as amended.. (4) 2.2 The existing restaurant tenants in space number "B", "D" and "H" shall be limited to a maximum of 18 seats Der ~ use. All additional seating shall be removed. The property owner shall monitor the site to ensure comoliance. (4) 2.3 if, in the future, the City is advised that a parking and/or traffic problem exists on the site or in the vicinity as a result of the medical/dental use, then the Director of Community Development and/or Traffic Engineer may require the applicant to prepare a parking demand analysis and/or traffic study, subject to review and approval of the Community Development Department and/or Traffic Engineer. If said study indicates that there is inadequate parking or traffic conflicts, the applicant shall, be required to provide mitigation measures to be reviewed and approved by the Community Development Director and/or Traffic Engineer. Said mitigation may include, but are not limited to, the following-. a. Establish alternate ~ours of operation. b. Restrict the maximum number of seats of restaurant use c. Secure off-site parking from adjacent property owners. (1) 2.4 Ail graffiti shall be removed within 72 hours of a complaint being transmitted by the City to the property owner. Failure to maintain said structure and adjacent' facilities will be grounds for City enforcement of its Property Maintenance Ordinance, including nuisance abatement procedures. PLAN SUBMITTAL (1) 3.1 At building plan check for interior modifications, submit three (3) sets of construction and site improvement plans in accordance with applicable Building Codes. Compliance with approved plans shall be inspected by the Community Development Department during construction and prior to final inspection. Exhibit A Amendment No. 1 CUP 89-021 Page ~ (1) 3.2 The building shall comoly in all respects with the Building Code, other related codes, City Ordinances and state and federal laws and regulations. (!) 3.3 A parking lot striping plan shall be submitted for review and approval of the Community Development Departmenn to identify all compact parkin9 spaces. SIGNS (4) 4.1 Prior to construction and installation of any wall signs, complete sign plans shall be submitted which address all prooosed signs, consistent with the approved Master Sign Program for the center. Said plans are subject to the review and approval of the Community Development Department The sian plans shall include dimension, mat=rials, colors and method of illumination for each proposed sign. FEES (1) 5.1 Prior to issuance of any building permits, payment shall (5) be made of all applicable building plan check and permit fees. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. (1) 5.2 Within forty-eight (48) hours of approval of the subject (5) 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.'