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HomeMy WebLinkAboutPC RES 3847RESOLUTION NO. 3847 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 02-014 AUTHORIZING THE ESTABLISHMENT OF A VOCATIONAL SCHOOL AT 1131 EAST MAIN STREET, SUITE 207A. 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 02-014 was filed by Linda Barnes requesting authorization to establish a 500 square foot vocational school at 1131 East Main Street, Suite 207A, more specifically described as Assessor's Parcel No 500-162-03. Bo Pursuant to Use Determination 99-01, schools are conditionally permitted in the Planned Community- Commercial (PC-COMM) District Regulations established by Use Permit 75-5 for the area bounded by Newport Avenue, Bryan Avenue, and Main Street. C. That the proposed use is consistent with the General Plan land use designation "Planned Community Commercial/Business" which provides for retail and office 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. D. That a public hearing was duly called, noticed, and held on said application on October 14, 2002, by the Planning Commission. E. 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 findings: 1) The proposed use, as conditioned, will not be detrimental to the health, safety, morals, comfort, and general welfare of the persons residing or working in the neighborhood, nor have a negative effect on surrounding properties in that the use will be operated entirely within the building, sufficient parking will be provided, and no potential traffic impacts are anticipated. 2) The proposed use, as conditioned, is compatible with the surrounding area. The project site is located in a Planned Resolution No. 3847 Conditional Use Permit 02-004 & Design Review 02-008 October 14, 2002 Page 2 Community Commercial district in a building occupied by other professional office uses. As conditioned, the limited number of students and hours of operation are appropriate for the proposed location. F. That this project is Categorically Exempt from the requirements of the California Environmental Quality Act, pursuant to Section 15301 (Class 1). II. The Planning Commission hereby approves Conditional Use Permit No. 02-014 requesting authorization to 500 square foot vocational school at 1131 East Main Street, Suite 207A, 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 held on the 14th day of October, 2002. ~'TEP~N V~ KOZAK Chairperson ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3847 passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 14th day of October, 2002. EE~ZA-B E-TH A.-BINSACK- Planning Commission Secretary (1) 1.1 (1) 1.2 (1) 1.3 (1) 1.4 EXHIBIT A RESOLUTION NO. 3847 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 02-014 The proposed use shall substantially conform with the submitted plans for the project date stamped October 14, 2002, 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 during plan check if such modifications are to be consistent with the provisions of the Tustin City Code and other applicable codes. Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified or prior to the issuance of any building permits for the project, subject to review and approval by the Community Development Department. Approval of Conditional Use Permit 02-014 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. As a condition of approval of Conditional Use Permit 02-014, 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. SOURCE CODES (2) (3) (4) 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. 3847 October 14, 2002 Page 2 (1) 1.5 Any violation of any of the conditions imposed is subject to the payment of a civil penalty of $100.00 for each violation, or such other amounts as the City Council may establish by ordinance or resolution, and for each day the violation exists, subject to the applicable notice, hearing, and appeal process as established by the City Council ordinance. (1) 1.6 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorneys' fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. USI= RI=STRICTIONS (1) 2.1 The maximum number of students shall be limited to three (3) students and one (1) instructor at any one time. If additional parking becomes available, or a parking demand analysis is submitted which demonstrates sufficient parking would be provided, the total number of students or instructors may be increased at a ratio of one (1) parking space for every three (3) students and one (1) parking space for each instructor. The property owner or business owner may submit a written request, with supporting documentation warranting an increase in students or instructors, to the Community Development Director for an administrative amendment to the conditional use permit. (4) 2.2 Hours of operation of the school shall be limited to 6:30 p.m. to 9:30 p.m. on Monday through Thursday, and 9:00 a.m. to 5:00 p.m. on Saturday, with the school being closed on Fridays and Sundays. The Director of Community Development may approve a request to modify the hours of operations if they are deemed to be compatible with the surrounding area. (4) 2.3 No congregation in the parking area or outside walkways shall be allowed in association with the proposed use. (3) 2.4 No tenant improvements shall be made without obtaining all necessary permits, including but not limited to, a City of Tustin building permit. (1) 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 forty-three dollars ($43.00) 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.