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HomeMy WebLinkAboutCC RES 14-63RESOLUTION NO. 14 -63 ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING CONDITIONAL USE PERMIT 2014- 17 FOR A PUBLIC PARK USE FOR A PROPERTY LOCATED AT 450 EL CAMINO REAL The City Council of the City of Tustin does hereby resolve as follows: The City Council finds and determines as follows: A. That a proper application for Conditional Use Permit (CUP) 2014 -17 was filed by the Successor Agency to the Tustin Community Redevelopment Agency, requesting approval for a public park use at 450 El Camino Real. The application was submitted based on the following reasons: 1. The property has been vacant since the early 1980s. 2. The respite park has existed since 2007. 3. The public park use provides a benefit to the community and it is in the interest of the community that the park use be maintained. ' 4. The property was previously owned by the Tustin Community Redevelopment Agency and now owned by the Successor Agency to the Tustin Community Redevelopment Agency. 5. A zone change and CUP would make the zoning consistent with the existing use and provide assurance that the park use will be maintained. B. That the applicant has requested approval of CUP 2014 -17 in conjunction with, and contingent to, approval of the application for Zone Change (ZC) 2014 -002. C. That a public hearing was duly called, noticed and held on said application on September 9, 2014, by the Planning Commission. Following the public hearing, the Planning Commission adopted Resolution No. 4265 recommending that the City..Council approve ZC 2014 -002 and CUP 2014- 17. D. That a public hearing was duly called, noticed and held for Ordinance No. 1448 (ZC 2014 -002) on October 7, 2014, by the City Council. At the public hearing, the City Council held the first reading of Ordinance No. 1448 and ' scheduled the second reading for the next City Council meeting. Resolution No. 14 -63 Page 1 of 3 E. That the park on the subject property has existed since 2007. The I proposed use would not have any impacts to the area since the property is already a respite park and no new modifications are proposed. F. That the park enhances the variety of uses and activities in the Old Town urban setting and provides more activity options for the Old Town residents and visitors. G. That the establishment, maintenance, and operation of the proposed public park 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. The proposed public park use is consistent and compatible with other uses in the adjacent commercial properties in that the park provides an area for residents, pedestrians and other visitors to Old Town to rest and enjoy passive activities as part of their primary activity in Old Town. 2. The respite park is an ancillary use to the surrounding Old Town commercial uses and is not anticipated to result in parking impacts I since the public park is passive, small in nature and not anticipated to generate additional parking demand. 3. The public park use is authorized pursuant to Section 9245b9 of the Tustin City Code with the approval of Zone Change 2014 -002 and Conditional Use Permit 2014 -17. H. That this project has been determined to be exempted pursuant to California Environmental Quality Act (CEQA) Section 15061(b)(3) in that CEQA applies only to projects which have the potential for causing a significant effect on the environment. If adopted, the proposed Zone Change and Conditional Use Permit wound ensure consistency between the General Plan, Zoning designations and existing use. The proposed project has no possibility for significant effect on the environment; therefore, the project is not subject to CEQA. II. The City Council hereby approves CUP 2014 -17 to establish a conditional use permit for a public park use subject to conditions contained in Exhibit A attached hereto. Resolution No. 14 -63 Page 2 of 3 PASSED AND ADOPTED by the City Council of the City of Tustin at a regular meeting on the 7th day of October, 2014. ATTEST: JEFFRE C�PARKER, City Gale STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) ' I, Jeffrey C. Parker, City Clerk and ex- officio Clerk of the City Council of the City of Tustin, Califomia, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 14 -63 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 7"' day of October, 2014, by the following vote: COUNCILPERSONS AYES: Murray. Puckett, Nielsen, Gomez, Bernstein (5) COUNCILPERSONS NOES: None (0) COUNCILPERSONS ABSTAINED: None (0) COUNCILPERSONS ABSENT: None (0) JEFFREk .PARKER, Resolution No. 14 -63 Page 3 of 3 EXHIBIT A ' RESOLUTION NO. 14-63 CONDITIONAL USE PERMIT 2014 -17 CONDITIONS OF APPROVAL GENERAL * ** 1.1 Approval of Conditional Use Permit (CUP) 2014 -17 is contingent upon City Council adoption of Ordinance No. 1448 relating to Zone Change 2014- 002. (1) 1.2 The proposed project shall substantially conform with the submitted plans for the project date stamped October 21, 2014, on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. (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 CUP 2014 -17 may be reviewed, if necessary, by the Community Development Director to ensure compatibility with surrounding uses. If the ' use is not operated in accordance with CUP 2014 -17 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 CUP. USE RESTRICTIONS * ** 2.1 The use on the subject property shall remain as a respite park and shall comply with Tustin City Code Sections 7111, 7112 and 7113 related to public parks use and conduct. Any changes to the use of the facility shall be reviewed by the Community Development Department. (1) 2.2 All activities shall comply with the City's Noise Ordinance. ' SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODE /S (4) DESIGN REVIEW (5) RESPONSIBLE AGENCY REQUIREMENT (6) LANDSCAPING GUIDELINES (7) PC /CC POLICY * EXCEPTION