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HomeMy WebLinkAboutPC RES 3867RESOLUTION NO. 3867 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 03- 005 AUTHORIZING THE ESTABLISHMENT OF A CERAMICS RETAIL STORE WITH ACESSORY PAINTING CLASSES OR PARTIES FOR UP TO EIGHTEEN (18) PERSONS WITHIN A 1,200 SQUARE FOOT TENANT SPACE AT 13011 NEWPORT AVENUE, SUITE 102-B. The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. A proper application, Conditional Use Permit 03-005, was filed by Mr. Carl Lind (Celebrate!), requesting authorization to establish a ceramics retail store with accessory painting classes or parties for a maximum of eighteen (18) participants (clients and staff) within an existing 1,200 square foot tenant space located at 13011 Newport Avenue, Suite 102- B, in the Plaza LaFayette retail center within the Central Commercial (C-2) Zoning District and the Community Commercial General Plan land use designation. B. The General Plan Community Commercial land use designation provides for a variety of commercial uses, including retail stores with accessory classes or parties. 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. "Birthday party businesses" are conditionally permitted in the Central Commercial (C-2) Zoning District, pursuant to Use Determination 88- 01 approved by the Planning Commission on January 9, 1989. D. That a public hearing was duly called, noticed, and held for said application on April 14, 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 ceramics retail store with painting classes or parties would be compatible and Resolution No. 3867 Page 2 consistent with the commercial retail uses in the center and nearby properties, and all operations would be conducted inside the building with closed doors. 2) The proposed use, as conditioned, would not result in parking impacts since painting classes or parties would be conducted for a maximum of eighteen (18) persons (clients and instructors) within the facility at one time, which is equal to the number of occupants that can be accommodated by the six (6) parking spaces allocated to the 1,200 square foot tenant space in the parking analysis dated December 1998 and approved by the City Council on July 6, 1999. The Traffic Engineer has reviewed the proposed use and has determined that with the occupancy restrictions included as Condition 2.1 of Resolution No. 3867, which result in the demand for an equivalent number of parking spaces as the previous use, no parking impacts are anticipated. 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). II. The Planning Commission hereby approves Conditional Use Permit 03-005 authorizing the establishment of a ceramics retail store with accessory painting classes or parties for a maximum of eighteen (18) persons (clients and staff) within an existing 1,200 square foot tenant space located at 13011 Newport Avenue, Suite 102-B, 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 14th day of April, 2003. ELIZA~BETH A."BINSACK -- ' Planning Commission Secretary Resolution No. 3867 Page 3 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. 3867 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 14th day of April, 2003. ELIZABETH A. BINSACK Planning Commission Secretary GENERAL (1) 1.1 (1) 1.2 (1) 1.3 (1) 1.4 (~) ~.s EXHIBIT A RESOLUTION NO. 3867 CONDITIONAL USE PERMIT 03-005 CONDITIONS OF APPROVAL The proposed project shall substantially conform with the submitted plans for the project date stamped April 14, 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 03-005 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 03-005, 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. 3867 Page 2 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) 1,7 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 03-005 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. USE RESTRICTIONS A maximum of eighteen (18) persons (clients and instructors) shall be in the facility at any given time. No overlapping of classes or parties shall be permitted. If additional parking becomes available, or a parking demand analysis is submitted which demonstrates sufficient parking would be provided, the total number of persons may be increased at a ratio of one (1) parking space for every three (3) persons. 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 store and classes/parties shall be limited to 9:00 a.m. to 9:00 p.m. daily. The Director of Community Development may approve a request to modify the hours of operation if they are deemed to be compatible with the surrounding area. (.1) 2.3 No congregation in the parking area or walkways is allowed in association with the use. (1) 2.4 The subject property shall be maintained in a safe, clean, and sanitary condition at all times. The applicant is responsible for collection of any trash associated with the proposed project or its participants. (1) 2.5 No signs or other forms of advertising or attraction may be placed on the site without approval from the Community Development Department. (1) 2.6 No exterior public pay telephones, coin-operated video games, or vending items are permitted. Exhibit A Resolution No. 3867 Page 3 (1) 2.7 If in the future the City determines that a parking, traffic, or noise problem exists on the site or in the vicinity as a result of the proposed project, the Community Development Director may require the applicant to 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 and/or Public Works Department. Said mitigation measures may include, but are not limited to, the following: a. Adjust hours of operation. Reduce the number of persons allowed in the facility at any given time. (1) 2.8 No change or alteration of the tenant space shall occur without prior approval of the Community Development Director. Major modifications to the floor area, services, and/or operation of the business may require consideration of a new Conditional Use Permit by the Planning Commission. BUILDING DEPARTMENT (1) 3.1 Prior to commencement of painting classes or parties, the applicant shall obtain permits for improvements to the tenant space and complete all improvements to the satisfaction of the Community Development Department. At the time of building permits 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) 3.2 Building plan check submittal shall include the following: · Four (4) sets of construction plans, including drawings for mechanical, plumbing, and electrical. · Note on plans that no field changes shall be made without prior approval from the Building Official and architect or engineer of record. (1) 3.3 The plans submitted shall indicate that one (1) restroom is accessible to persons with disabilities as per State of California Accessibility Standards (Title 24). (1) 3.4 A level floor or landing shall be provided at all doors. This area shall have a minimum length of 60 inches in the direction of the door swing and 48 inches in the opposite direction of the door swing. Exhibit A Resolution No. 3867 Page 4 (1) 3.5 Vehicle parking, primary entrance to the building, the primary paths of travel, cashier space, sanitary facilities, drinking fountain, and public telephones shall be accessible to persons with disabilities. The proposed interior ramp shall be four (4) feet wide with a slope of not more than 8.33 percent. (1) 3.6 All new glass doors and windows, in or adjacent to doom, shall be tempered per the 2001 California Building Code Section 2406.4. (1) 3.7 The kiln vent pipe through the roof shall be screened from public view. Prior to issuance of any building permits, screening materials shall be reviewed and approved by the Community Development Department. ORANGE COUNTY FIRE AUTHORITY (5) 4.1 Prior to the issuance of a building permit, the applicant shall submit to the Fire Chief a list of all hazardous, flammable and combustible liquids, solids, or gases to be stored, used, or handled on-site. These materials shall be classified according to the Uniform Fire Code and a document submitted to the Fire Chief with a summary sheet listing the totals for storage and use for each hazard class. Please contact the OCFA at (714) 744-0499 or visit the OCFA website to obtain a copy of the "Guideline for Completing Chemical Classification Packets." FEES 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) 5.2 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 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 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.