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HomeMy WebLinkAboutPC RES 34631 RESOLUTION NO. 3463 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 96-022, AUTHORIZING THE ESTABLISHMENT OFART INSTRUCTION CLASSES IN AN EXISTING TENANT SPACE LOCATED AT 14451 CHAMBERS ROAD, SUITE 135. 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 proper application for Conditional Use Permit 96-022 was filed by Christopher Yuen to request authorization to establish art instruction classes in an existing tenant space at 14451 Chambers Road, more specifically 'described as Assessor's Parcel No. 432-471-26. B · Section VI.C.11 of the Irvine Industrial Complex Regulations - Walnut allow private indoor recreation uses such as dance and gymnastic classes with the approval of a Conditional Use permit. Art instructional classes are considered similar to these uses and therefore, also require approval of a Conditional Use Permit. C. That a public hearing was du'ly called, noticed and held on said application, on August 26, 1996 by the Planning Commission. De 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' welfare of the persons residing or working in the neighborhood of such' proposed use, nor be injurious or detrimental to the property and improvements 10 11 12 13 14 15 16 17 18 19 20 21 23 24 25 26 27 28 Resolution No. 3463 Page 2 E · 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 will-not be detrimental to the surrounding properties in that the art classes can be accommodated on the subject property wfth no exterior modifications required. 2) As conditioned, the use will not negatively affect surrounding property owners, or impact the availability of off-street parking' in that the majority of art classes will be offered during non-peak hours and the peak parking demand generated by the proposed use is entirely satisfied by existing on-site parking. The number of students permitted at any one time will be limited to a maximum of 10. 3) As conditioned, the use is compatible wi~h the surrounding neighborhood in that all activities will be conducted within the building. The uses within the center are primarily office and. light industrial uses which makes the proposed art school acceptable at this location. This project has been determined to be Categorically Exempt (Class 3, new construction or conversion of small structures) pursuant to the provisions of Section 15303 of the California Environmental Quality Act. II. The Planning Commission hereby approves Conditional Use Permit 96-022, to authorize the establishment of art instruction classes in an existing building, located at 14451 Chambers Road, subject to the Conditions contained in Exhibit A, attached hereto. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 3463 Page 3 PASSED AND ADOPTED by the Planning.Commission of the City of Tustin, at a regular meeting on the 26th day of August, 1996. LOU BONE Chairman BARBA~REYE§ // Recording Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, BARBARA REYES, the undersigned, hereby certify that I am the Recording Secretary of. the Planning Commission of the City of Tustin, California; that Resolution No. 3463 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 26th day of August, 1996. BA~B~. REYES ~ -- Recoz~ding Secretary EXHIBIT A CONDITIONAL USE'PERMIT 96-022 CONDITIONS OF APPROVAL RESOLUTION NO. 3463 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped August 26, 1996, on file with the Community Development Department, except as herein modified, or as modified by the Director o~ Community Development in accordance with this Exhibit. The Director of Community Development may also approve minor modifications to the plans if such modifications are consistent with the provisions of the Tustin City' Code. (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shail 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 The subject project approval shall become null and void unless the use is established within twelve (12) months of the date of this Exhibit and substantial construction is underway.' Time extensions may be granted if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.4 Approval of Conditional Use Permit 96-022 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) 1.5 The applicant and property owner shall hol~ and defend the City of Tustin harmless for all claims and liabilities arising out of City's approval of the entitlement process for 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 Conditions of Approval Resolution No. 3463 Page 2 USE RESTRICTIONS (4) 2.1 The maximum number of students at any one time shall be limited to'a total of 10. Additional students may be permitted on Saturday's subject to a scheduling plan that shall be submitted for review and approval by the Community Development Department. (4) 2.2 Ail art instruction activities shall be located entirely within the enclosed building. *** 2.3 The applicant shall provide notice to all parents of students at the time of registration that students shall be dropped off and picked up in designated parking stalls. No unloading or loading of students shall take place in the drive aisles. A copy of the notice shall be provided to the Community Development Department for review and approval prior establishment of the use. 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 BuildingCodes. Compliance with approved plans shall be inspected by the Community Development Department during construction and prior to final inspection. (1) 3.2 The building shall comply in all respects with the Building Code, other related codes, City Ordinances and state and federal laws and regulations. (1) 3.3 The tenant space, parking spaces, entrances to the building, path of travel from the parking area to the building and sanitary facilities shall be accessible to Persons with disabilities. (1) 3.4 Prior to establishment of use, the property owner shall construct a sidewalk adjacent to the Chambers Road frontage per City standard or execute an "Agreement to Construct Sidewalks" in lieu of the construction at this time. SIGNS (4) 4.1 Prior to construction and installation of any wall signs, complete sign plans shall be submitted which address all proposed monument, wall, direction and address signs, subject to the approval of the Community Development Department. The sign plans shall include dimension, materials, colors and method of illumination for each proposed sign. Said plans shall be consistent with the Irvine Industrial Complex - Walnut Planned Community sign regulations. Exhibit A Conditions of Approval Resolution No. 3463 Page 3 FEES (1) 5%1 Prior to issuance of any buildin~ permits, paymen~ 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-eigh~ (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 COUlqTY 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 fomty-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.