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HomeMy WebLinkAboutPC RES 4211A RESOLUTION OF THE PLANNING COMMISSION OF TH CITY OF TUSTIN, APPROVING CONDITIONAL US PERMIT 2012-12 AUTHORIZING THE ESTABLISHMEN1 AND OPERATION OF A TUTORING FACILITY LOCATED A 3057 EDINGER AVENUE WITHIN JAMBOREE PU24. The Planning Commission does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That a proper application for Conditional Use Permit 2012-12 was filed by Matthew Phung of Oxford Tutoring requesting authorization to establish and operate a tutoring facility located within an existing 4,586 square foot tenant space located at 3057 Edinger Avenue within Jamboree Plaza. B. That the Jamboree Plaza Planned Community District regulations and the Planned Community Commercial/Business General Plan land use designation provide for a variety of commercial uses. In addition, the project has been reviewed for consistency with the Air Quality Sub- element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub-element. C. That a public hearing was duly called, noticed, and held for Conditional Use Permit 2012-12 on November 13, 2012, by the Planning Commission. D. That the establishment, maintenance, and operation of the proposed use 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, 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 in that: 1) Section 3.4.B.4.o. (Planning Area D) of the Jamboree Plaza Planned Community District regulations allows professional, instructional, motivational, vocational, and/or seminar schools as conditionally permitted uses. 2) No physical changes or tenant improvements are proposed in conjunction with this application. 3) As conditioned, sufficient parking for the use is ensured by limiting the maximum number of faculty/staff members and students at the facility at any given time. Resolution No. 4211 Page 2 4) As proposed, the tutoring facility would generally operate consistent and compatible with the hours of operation for other commercial uses in the area. 5) As conditioned, Conditional Use Permit 2012-12 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. If the use is not operated in accordance with Conditional Use Permit 2012-12 or is found to be a nuisance or negative impacts are affecting the surrounding uses, the Community Development Director would have the authority to impose additional conditions to eliminate the nuisance or negative impacts or may initiate proceedings to revoke the Conditional Use Permit. E. This project is Categorically Exempt pursuant to Section 15301, Class 1 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Planning Commission hereby approves Conditional Use Permit 2012-12 authorizing the establishment and operation a tutoring facility located within an existing 4,586 square foot tenant space located at 3057 Edinger Avenue within Jamboree Plaza subject to the conditions contained within Exhibit A attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 13th day of November, 2012. TEVtK0ZAK Chairp son ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN 1, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4211 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 13th day of November, 2012. 0 11: I M WIN I I I 10-7iT, MrM Ull AIR- EXHIBIT A RESOLUTION NO. 4211 CONDITIONAL USE PERMIT 2012-13 CONDITIONS OF APPROVAL GENERAL 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped November 13, 2012, on file with the Community Development Department, 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 subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code. (1) 1.2 This approval shall become null and void unless the use is established within twelve (12) months of the date of this Exhibit. Time extensions may be granted if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.3 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified, subject to review and approval by the Community Development Department. (1) 1.4 Approval of Conditional Use Permit 2012-12 is contingent upon the applicant . . . ........ and property owner signing and returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the property owner signing and recording with the County Clerk-Recorder a notarized "Notice of Discretionary Permit Approval and Conditions of Approval" form. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. (1) 1.5 Any violation of any of the conditions imposed is subject to issuance of an administrative citation pursuant to TCC 1162(a). (1) 1.6 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. (1) 1.7 Conditional Use Permit 2012-12 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. The Community Development Director shall review the use to ascertain SOURCE 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. 4211 CUP 2012-12 Page 2 compliance with conditions of approval. If the use is not operated in accordance with Conditional Use Permit 2012-12, or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the Community Development Director shall impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the Conditional Use Permit. (1) 1.8 If in the future the City's Community Development Director, Police Chief, and/or Public Works Department determine that a parking, traffic, or noise problem exists on the site or in the vicinity as a result of the facility, the Community Development Director, Police Chief, and/or Public Works Department may require that the applicant prepare a parking demand analysis, traffic study, or noise analysis and the applicant shall bear all associated costs. If said study indicates that there is inadequate parking or a traffic or noise problem, the applicant shall be required to provide mitigation measures to be reviewed and approved by the Community Development Department, Police Chief, and/or Public Works Department. Said mitigation measures may include, but are not limited to, the following: (a) Adjust hours of operation. (b) Reduce the number of instructors and/or students (c) Provide additional parking. (1) 1.9 As a condition of approval of Conditional Use Permit 2012-12 the applicant shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision-making body, including staff, concerning this project. The City agrees to promptly notify the applicant of any such claim or action filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in defense of any such action under this condition. USE RESTRICTIONS (1) 2.1 The Jamboree Plaza Planned Community District regulations require a parking ratio of one (1) space for each two (2) students at maximum enrollment and one (1) space for each instructor. Any combination thereof using the aforementioned parking ratios is acceptable. The maximum number of students and instructors may fluctuate so long as the business is in compliance with the parking requirements and does not exceed the maximum number of stalls, sixteen (16), allotted to the tenant space. Exhibit A Resolution No. 4211 CUP 2012-12 Page 3 (1) 2.2 Each tutoring session shall be concluded with sufficient time for attendees of the prior session to vacate the site prior to arrival of attendees of the next tutoring session. (1) 2.3 No loitering outside the tenant suite shall be allowed. Tutoring attendees shall remain inside while waiting for tutoring or to be picked up. Staff members shall supervise and be responsible for waiting attendees. (1) 2.4 All activities shall comply with the City's Noise Ordinance. BUILDING (1) 3.1 Prior to occupancy of the tenant space, the applicant shall demonstrate that the proposed use is in compliance with the California Building Code (CBC). The proposed academic tutoring center occupancy classification is Group E. The building was designed for Group B occupancy and therefore if classified as Group E, an analysis by a licensed arch itect/registered engineer is required to demonstrate compliance with the allowable floor area and building construction requirements in the CBC. M 3.2 At the time of building permit application, the plans shall comply with the ME current edition of the codes (2010 California Building Standards Code), City Ordinances, State, Federal laws, and other regulations as adopted by the City Council of the City of Tustin. (2) 4.1 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 fifty dollars ($50.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period the 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.