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HomeMy WebLinkAboutPC RES 3859RESOLUTION NO. 3859 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 02- 024 AUTHORIZING THE ESTABLISHMENT OF A MARTIAL ARTS STUDIO FOR A MAXIMUM OF TEN (10) PERSONS WITHIN A 1,100 SQUARE FOOT TENANT SPACE AT 624 E. FIRST STREET The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. A proper application, Conditional Use Permit 02-024, was filed by Tustin Martial Arts (Lisa St. Clare), requesting authorization to establish a martial arts studio for a maximum of ten (10) participants (students and staff) within an existing 1,100 square foot tenant space located at 624 E. First Street in the Larwin Square retail center within Commercial land use designation of First Street Specific Plan and the Planned Community Commercial/Business General Plan land use designation. B. The General Plan Planned Community Commercial/Business land use designation provides for a variety of commercial uses, including instructional facilities. 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. Martial art studios are conditionally permitted in the "Commercial As Primary" land use designation of First Street Specific Plan, pursuant to Use Determination 99-003 approved by the Planning Commission in November 22, 1999. D. That a public hearing was duly called, noticed, and held for said application on February 10, 2003, by the Planning Commission. E. 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 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 in that: 1) The proposed use would be located in a large commercial center and, as conditioned, would not be detrimental to surrounding properties in that the hours of operation, number of participants, and scope of operations for the proposed martial arts facility would be compatible and consistent with the commercial retail uses in the center and nearby properties, and all operations would be conducted inside the building with closed doors. Resolution No. 3859 Page 2 II. 2) The proposed use, as conditioned, would not result in parking impacts since classes would be offered to small groups and individuals and the maximum number of occupants for the facility would be limited to ten (10) persons (students and instructors) within the facility at one time. The number of occupants can be accommodated with the 3.56 parking spaces allocated to the 1,100 square feet tenant space in the parking analysis dated February 27, 2001. F, This project is Categorically Exempt pursuant to Section 15301, Class 1 of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). The Planning Commission hereby approves Conditional Use Permit 02-024 authorizing the establishment of a martial art studio for a maximum of ten (10) persons (students and staff) within an existing 1,100 square foot tenant space located at 624 E. First Street, 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 10th day of February, 2003. ELIZABETH A. BINSACK Planning Commission Secretary ~K Chairperson STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 3859 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 10th day of February, 2003. ELIZABETH A. BINSACK Planning Commission Secretary GENERAL (1) 1.2 (1) 1.3 (1) 1.4 (1) 1.5 EXHIBIT A RESOLUTION NO. 3859 CONDITIONAL USE PERMIT 02-024 CONDITIONS OF APPROVAL The proposed project shall substantially conform with the submitted plans for the project date stamped February 10, 2003 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. 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. All conditions in this Exhibit shall be complied with as specified, subject to review and approval by the Community Development Department. Approval of Conditional Use Permit 02-024 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 02-024, 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. (2) (3) (4) SOURCE CODES STANDARD CONDITION CEQA MITIGATION UNIFORM BUILDING CODE/S DESIGN REVIEW EXCEPTIONS (s) (6) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY Exhibit A Resolution No. 3859 Page 2 (1) 1.6 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. 1,7 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. (***) 1.8 Conditional Use Permit 02-024 may be reviewed annually or more often, if deemed necessary by the Community Development Department, to ensure compatibility with the area and compliance with the conditions contained herein. PLAN SUBMITTAL Building plans for the tenant improvements shown on the approved plan shall be submitted for review and approval. At the time of building permit application, the plans shall comply with the 2001 California Building Code (CBC), 2001 California Mechanical Code (CMC), 2001 California Plumbing Codes (CPC), 2001 California Electrical Code (CEC), California Title 24 Accessibility Regulations, Title 24 Energy Regulations, City Ordinances, and State and Federal laws and regulations. (1) 2.2 Building plan check submittal for tenant improvements shall include four (4) sets of construction plans, including drawings for mechanical, plumbing, and electrical. (1) 2.3 Vehicle parking, primary entrance to the building, the primary paths of travel, and public telephones shall be accessible to persons with disabilities. USE RESTRICTIONS (1) 3.1 The use of the facility shall be limited to martial arts training. (1) 3.2 The maximum number of students and instructors within the facility shall be ten (10) persons at one time. If 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 instructors. 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. Exhibit A Resolution No. 3859 Page 3 (1) 3.3 The hours of operation for the facility shall be limited to Monday through Saturday from 10:00 a.m. to 8:00 p.m. with a maximum of six (6) daily classes offered on an hourly basis. Any change to the schedule of classes shall be reviewed by the Community Development Department and may be approved if no adverse impacts are anticipated. (1) 3.4 All required exit doors and paths shall remain open and unobstructed during business hours. (1) 3,5 The property shall be maintained in a safe, clean, and sanitary condition at all times. The business operator and property owner shall be responsible for the daily maintenance and up-keep of the facility, including but not limited to trash removal, and maintenance of the facility. (1) 3.6 The business operator and property owner shall be responsible for preventing congregation and loitering outside the building in association with the martial arts studio. (1) 3.7 No exterior public pay telephones, coin-operated video, games, or vending items are permitted. FEES (1) 4.1 Prior to issuance of any building permits, payment shall be made of all applicable fees, including but not limited to the following. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. a. Building plan check and permit fees to the Community Development Department based on the most current schedule. b. Orange County Fire Authority plan check and inspection fees to the Community Development Department based upon the most current schedule. (2) 4.2 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 $43.00 (forty-three dollars) to enable the City to file the appropriate environmental documentation for the project. If within such forty-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.