Loading...
HomeMy WebLinkAboutPC RES 32731 RESOLUTION NO. 3273 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, APPROVING CONDITIONAL USE PERMIT 94-005 AUTHORIZING THE CONVERSION OF AN EXISTING RESTAURANT/RETAIL SPACE TO MOTOR HOTEL USE LOCATED AT 140 EL CAMINO REAL, TUSTIN. The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: ao That a proper application, Conditional Use Permit 94-005 has been filed by Mr. Young Nam requesting authorization to convert an existing restaurant/retail space to motor hotel use located at 140 E1 Camino Real, Tustin. Be A public hearing was duly noticed, called and held for said application on June 13, 1994 by the Planning Commission. Ce 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 in the neighborhood of the subject property, or to the general welfare of the City of Tustin as evidenced by the following: ® · The conversion of restaurant/retail space to hotel use can be accommodated within the existing building with only minor exterior modifications. There is adequate parking existing on the site to accommodate the additional three units. When the building was originally constructed, the space was used for three hotel units. The use of the front portion of the subject building for hotel rooms is compatible with surrounding uses in that there are existing hotel rooms in the rear half of the building as well as the other two buildings on the site to the west. In addition, the additional hotel units would support the commercial- retail core of Old town, as identified in the R/UDAT report, by encouraging businesses that serve local residents and strengthen the economic viability of the area. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 3273 Page 2 · The conversion of restaurant/retail space to hotel use will not have a negative effect on the surrounding area since the appearance of the building will remain almost unchanged and the use will generate less traffic than a retail use of the building space. The use will not generate any objectionable light or glare, dust, noise or fumes. · The establishment of a'hotel use will provide a service to local residents and businesses in the area who need close and convenient overnight accommodation for out-of-town guests, customers or clients. · Furthermore, a hotel use would comply with the Tustin City Code which permits hotels subject to approval of a conditional use permit and therefore could not set a precedent. De This project has been determined to be Categorically Exempt (Class 3) pursuant to Section 15303 of the California Environmental Quality Act. II. The Planning Commission hereby approves Conditional Use Permit 94-005 authorizing the conversion of existing restaurant/retail space to motor hotel use located at 140 E1 Camino Real, subject to the conditions contained in Exhibit A, attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 13th day of June, 1994.  Chairperson Y 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. 3273 was duly passed and adopted at a regular meeting of the Tustin Planning Co~~ ~d on the 13th day of June, 1994. BARBARA REYES Y~- Recording Secretary EXHIBIT A RESOLUTION NO. 3273 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 94-005 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped June 13, 1994, on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development Department in accordance with this Exhibit. The Community Development Department Director may make minor modifications to the plan if such modifications are consistent with applicable Code provisions. (1) 1.2 Approval of Conditional Use Permit 94-005 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) 1.3 The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of the City's approval of the entitlement process for this project. (5) 1.4 A Certificate of Appropriateness is required to be obtained from the Community Development Department prior to issuance of any building permits. PLAN SUBMITTAL (1) 2.1 The plans shall be modified to include the details and corrections identified below. a® Proposed new windows and door to match existing and new exterior walls to match color and texture of existing exterior walls. be Note on plans should be modified to reflect current parking requirement of one space per every 2 units, with a total of 22 spaces. mmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmm 8OURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Exhibit A Resolution No. 3273 Conditions of Approval Conditional Use Permit 94-005 Page 2 (3) Z.Z At building permit plan check and prior to issuance of building permits, the applicant shall submit three set of construction plans, two sets of structural calculations, soils report, and final grading plans, stamped and signed by a registered civil engineer. All requirements of the Uniform Building Codes (UBC), State Handicap and energy requirements shall be complied with as approved by the Building Official. All construction shall be in accordance with the 1991 UBC, applicable City Codes and the City's Security Code. (3) Z.3 New added units shall be made accessible to disabled persons according to California Building Code Section 3103A(h), including parking spaces, common use areas, route of travel, doors, kitchen and bathroom facilities. (3) Z.4 Water heater shall not be installed in a closet or other confined space opening into a bedroom (UPC Section 1309). (3) 2.5 No part of structure shall project beyond the property line, (UBC 4501). (7) 2.6 Prior to issuance of Certificate of Occupancy, all private improvements shall be removed from the right-of- way. Alternate access to units 4 and 5 shall be included as part of this project, depicted on the revised plans submitted for building plan check, and approved by the Community Development Department. (1) 2.7 The following notes shall.be added to the plans: ae Ail revision on plans after initial city approval shall be submitted to the Community Development Department for subsequent approval and noted on signatured title sheets prior to implementation. Be Note on plans that no outdoor storage permitted except as approved by the Tustin Community Development Director. Ce Ail exposed metal flashing or trim is either anodized or painted compatible with main buildings. Exhibit A Resolution No. 3273 Conditions of Approval Conditional Use Permit 94-005 Page 3 FIRE (5) 3.1 Prior to the issuance of any building permits for combustible construction, a letter and plan from the developer shall be submitted to and approved by the Fire Chief. This letter and plan shall state that water for fire fighting purposes and an all weather fire access road shall be in place before any combustible materials are placed on the site. Indicate the locations of the existing fire hydrants on the site plan. (5) 3.2 Prior to the issuance of any building permits, plans for the automatic fire sprinkler system shall be submitted to and approved by the Fire Chief prior to installation. This system shall be operational prior to the issuance of a certificate of use and occupancy. (5) 3.3 The following notes shall be provided on the site plan: ao Fire Department Final Inspection Required. Schedule inspection 2 days in advance. Phone (714) 382-1011. Be Ce Locations and classifications of extinguishes to be determined by the fire inspector. Storage, dispensing or use of any flammable and combustible liquids flammable and compressed gasses and other hazardous materials shall comply with Uniform Fire Code Regulations. De Building(s) not approved for high piled combustible storage. Materials in closely packed piles shall not exceed 15 feet in height, 12 feet on pallets or in racks and 6 feet for tires, plastics and some flammable liquids if high stock piling comply with UFC, Std. 81 and NFPA Std. 231, 231C and 231D. Ze Plans of modifications to or new fire protection detector or alarm system(s) shall be approved by the Fire Department prior to installation. FEES (1) 4.1 Payment of the Orange County Sanitation District No. 7 sewer connection fees for the additional motel rooms will be required at the time a building permit is issued. (1) 4.2 Ail applicable Building plan check and permits fees to the Community Development Department. Exhibit A Resolution No. 3273 Conditions of Approval Conditional Use Permit 94-005 Page 4 (1) 4.3 New development fees to the Community Development Department. (1) 4.4 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 $25.00 (twenty five dollars) to enable the city to file the appropriate environmental documentation pursuant to the California Environmental Quality Act. If within such forty-eight (48) hour period that the applicant has not delivered to the Community Development Department the above noted check, the approval for the project granted herein shall be considered automatically null and void. In addition, should the Department of Fish and Game reject the Certificate of Fee Exemption filed with the Notice of Determination and require payment of the fees, the applicant shall deliver to the Community Development Department, within forty-eight (48) hours of notification, a cashiers' check payable to the COUNTY CLERK in the amount of $1,275 (one thousand two hundred seventy five dollars) pursuant to AB 3258, Chapter 1706, Statues of 1990. If this fee is imposed, the subject project shall not be operative, vested or final unless and until the fee is paid.