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HomeMy WebLinkAboutPC RES 377014 15 2O RESOLUTION NO. 3770 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 00-034, AUTHORIZING THE ESTABLISHMENT OF A GYMNASIUM/LEARNING CENTER WITHIN A 2,001 SQUARE FOOT TENANT SPACE LOCATED AT 13112 NEWPORT AVENUE, SUITE I, WITHIN THE PACKERS SQUARE CENTER. The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: That a proper application, Conditional Use Permit 00-034, has been filed by Jodi Kulzer, requesting authorization to maintain establishment of a gymnasium/learning center in a 2,001 square foot tenant space at 13112 Newport Avenue, Suite I, within the Packers Square Center. That the proposed use is allowed within the Planned Community Commercial (PC-COMM) District with the approval of a Conditional Use Permit. That the proposed use is consistent with the General Plan land use designation Community Commercial which provides for a variety of retail, professional office, and service-oriented business activities. 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. That a public hearing was duly called, noticed, and held for said application on March 12, 2001, by the Planning Commission. Eo -I"hat 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 a detriment to the property and improvements in the neighborhood of the subject property, nor to the general welfare of the City of Tustin as evidenced by the following findings: 9 !2 i3 16 17 i8 i 9 29 21 24 26 27 28 Planning Commission Resolulion No. 3770 CUP 00-034 II. The proposed use, 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 gymnasium/learning center would be compatible and consistent with the retail uses in the center and nearby residential properties. The proposed use, as conditioned, would not be detrimental to surrounding tenants or properties. Since the maximum number of students and staff members would be limited to the seven (7) allocated parking spaces, sufficient parking would be available for existing and proposed uses. No traffic impacts are anticipated since the previous use generated more traffic trips per hour than the proposed use. This project is Categorically Exempt pursuant to Section 15301, Class 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). The Planning Commission hereby approves Conditional ~Jse Permit 00-034 authorizing establishment of a gymnasium/learning center in a 2,001 square foot tenant space located at 13112 Newport Avenue, Suite I, 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 12th day of March, 2001. . KOZAK ELIZABETH A. BINSACK Planning Commission Secretary 29 7 9 I: i3 16 17 !9 20 22 23 2' 2.~ 26 27 29 Planning Commission Resolution No. 3770 CUP 00-034 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. 3770 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 12th day of March, 2001. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBITA CONDITIONAL USE PERMIT 00-034 13112 NEWPORT AVENUE, SUITE I CONDITIONS OF APPROVAL (1) 1) (1) (1) GENERAL 1.1 1.2 The proposed use shall substantially conform with the submitted plans for the project date stamped March 12, 2001, 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. 1.3 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. 1,4 Approval of Conditional Use Permit 00-034 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 prior to first permit or establishment of the use. The Director of Community Development shall establish the forms, and evidence of recordation shall be provided to the Community Development Department. The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of a challenge of the City's approval for this project. As determined by a City Code Enforcement Officer, any violation of any of the conditions imposed by this Resolution is subject to the imposition of a civil penalty of $100.00 for each violation and each day the violation exists. SOURCE CODES (2) (3) (4) STANDARD CONDITION CEQA MITIGATION UNIFORM BUILDING CODE/S DESIGN REVIEW EXCEPTIONS ($) (6) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY Conditions of Approval Exhibit A CUP 00-034 (1) The applicant shall be responsible for costs associated with any necessary code enforcement action. USE RESTRICTIONS The property owner shall maintain two hundred ninety-two (292) parking spaces in the center as follows: Use Square footaqe Required Parkinq ratio Required Office Use 2,279 1/250 square feet 9 Retail Use 7,175 1/200 square feet 36 Medical Office 30,406 6/1000 square feet 182 Restaurant 175 Seats l/each 3 seats 58 Instructional Use2 instructors 1 space per instructor 2 15 students 1 space per three students 5 Total Required Parking Spaces 292 Total Parking Spaces (On Site) Total Parking Spaces (Packers Circle) Total Parking Spaces Provided 280 22 302 Modifications to the parking and/or uses require a revised parking summary to be reviewed and approved in writing by the Community Development Department and/or applicable entitlements. The maximum number of staff members is limited to two (2), and there shall be a maximum of fifteen (15) children and/or parents in the facility at any given time. Any change in class schedules or number of participants requires approval of revised parking summary and amendment to Conditional Use Permit 00-034. *** 2.3 Hours of operation shall be limited to: Monday through Friday Saturday 9:00 a.m. to 10:00 p.m. 9:00 a.m. to 12:30 p.m. Modifications to the hours of operation may be approved by the Director of Community Development if it is determined that no impacts to surrounding tenants or properties will occur. (1) 2.4 No congregation in the parking area or walkways is allowed in association with the use. Conditions of Approval Exhibit A Ct,'. P 00-034 (1) 2.5 All requirements of the City's Noise Ordinance shall be met at all times. (1) 2.6 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 gymnasium/learning center or its participants. 2.7' No signs or other forms of advertising or attraction may be placed on the site without written approval from the Community Development Department. (1) 2.8 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 preschool, 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: Adjust hours of operation. Reduce student enrollment. (1) 2.9 No change or alteration of the tenant space or operations 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. PLAN SUBMI'I-FAL 3.1 No change or alteration of the tenant space or operations shall occur without prior approval in writing from the Community Development Department. The applicant shall obtain all necessary permits from and pay fees to the Building Department prior to construction of any improvements that require a permit pursuant to the Uniform Building Code and Tustin City Code. FEES 4.1 Prior to issuance of any building permits, if applicable, 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. Building plan check and permit fees to the Community Development Department based on the most current schedule. Conditions of' Appro,,.al Exhibit A CUP 00-034 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.