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HomeMy WebLinkAboutPC RES 3987 RESOLUTION NO. 3987 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN APPROVING AN INSTRUCTIONAL FACILITY FOR DISABLED CHILDREN, WITH A MAXIMUM OF SIX (6) INSTRUCTORS AND TWENTY-FIVE (25) STUDENTS PROPOSED WITHIN AN EXISTING 2,500 SQUARE FOOT SUITE LOCATED AT 17251 SEVENTEENTH STREET, SUITE A, IN THE TUSTIN FRENCH QUARTER SHOPPING CENTER. The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application for Conditional Use Permit 05-017 was filed by Larry and Michelle Kerin, requesting authorization to establish an instructional facility for disabled children, with a maximum of six (6) instructors and twenty-five (25) students proposed within an existing 2,500 square foot suite located at 17251 Seventeenth Street, Suite A, in the Tustin French Quarter Shopping Center. B. That the proposed use is consistent with the General Plan "Community Commercial Business" land use designation which provides for a variety of commercial uses such as retail businesses and service businesses including tutoring and/or instructional facilities with the approval of a Conditional Use Permit. 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. That a public hearing was duly called, noticed, and held on said application on August 8, 2005, by the Planning Commission. D. That the establishment, maintenance, and operation of a tutoring facility will not 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) As conditioned, the use would be limited to a tutoring facility with no more than six (6) instructors and twenty-five (25) students on-site at any given time. 2) As conditioned, the days and hours of operation would be consistent with other businesses located within the center. The hours of operation will be approximately 8:00 a.m. to 4:00 p.m. Monday through Friday, and closed on Saturday and Sunday. 3) As conditioned, the proposed use would not result in a parking impact to the site since the total number of parking spaces required for the Resolution No. 3987 Conditional Use Permit 05-017 Page 2 proposed tutoring facility is the same as the previously permitted retail use at that location, and that all students would be picked up in a school-sponsored van and dropped off in a designated parking space on-site adjacent to the entrance. Pick-up and drop-off hours would occurfrom 8:15-8:30 a.m. and 3:30-3:45 p.m., respectively. 4) The Traffic Engineer has determined that while the tutoring facility would generate additional trips in the AM and PM peak hours, the increase can be accommodated by the existing street system capacity with no impact to existing levels of service. E. 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 Resolution No. 3987 authorizing an instructional facility for disabled children, with a maximum of six (6) instructors and twenty-five (25) students proposed within an existing 2,500 square foot suite located at 17251 Seventeenth Street, Suite A, in the Tustin French Quarter Shopping Center, 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 8th day of August, 2005. a~4~~ ELIZABETH A. BINSACK Planning Commission Secretary Resolution No. 3987 Conditional Use Permit 05-017 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. 3987 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 8th day of August, 2005. a~d_~ ELIZABETH A. BINSACK Planning Commission Secretary GENERAL (1 ) 1.1 (1 ) 1.2 (1 ) 1.3 (1 ) 1.4 EXHIBIT A CONDITIONAL USE PERMIT 05-017 CONDITIONS OF APPROVAL RESOLUTION NO. 3987 The proposed use shall substantially conform to the submitted plans for the project date stamped August 8, 2005, 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, subject to review and approval by the Community Development Department. Approval of Conditional Use Permit 05-017 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 within ten (10) days of approval of Conditional Use Permit 05-017. As a condition of approval of Conditional Use Permit 05-017, 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 (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODE/S (4) DESIGN REVIEW *** EXCEPTIONS (5) (6) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY Exhibit A Resolution 3987 Conditional Use Permit 05-017 Page 2 (1 ) 1.5 (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. 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. USE RESTRICTIONS (5) 2.1 (5) 2.2 (5) 2.3 (5) 2.4 " -'-----""'"'-----"- The use shall be limited to a instructional facility with no more than six (6) instructors and twenty-five (25) students at any given time during the permitted hours of operation. The number of parking spaces for the use is limited by the amount commensurate to the number of students and instructors which, based on a parking ratio of one (1) parking space for every instructor and one (1) space for every eight (8) students, equals ten (10) parking spaces. All students shall be picked up and dropped off in the designated parking space adjacent to the north side of the tenant space to ensure the shortest and safest path of pedestrian travel. Any additional parking spaces allocated toward the use, modification to floor plans, addition of students or instructors, modification of hours of operation, or intensification of the use shall be reviewed and approved in writing by the Community Development Director. Hours of operation are limited to the following: . Monday - Friday: . Saturday and Sunday: 8:00 a.m. to 4:00 p.m. Closed The hours may be modified administratively subject to review and approval by the Community Development Director. The applicant shall comply with the City's noise ordinance at all times. If noise complaints are received and a duly authorized representative of the City of Tustin determines that the noise is associated with the use, the applicant shall immediately implement interim provisions to prevent noise and the applicant would be required to implement sound mitigation measures to eliminate noise impacts. If the use is wholly discontinued for any reason for a period of one (1) year or more or replaced with a different permitted or conditionally permitted use, the use shall be conclusively presumed to be abandoned and any future tutoring facility in the subject space would require a new conditional use Exhibit A Resolution 3987 Conditional Use Permit 05-017 Page 3 (1 ) 2.5 BUILDING (3) (3) (3) (3) (3) 3.1 3.2 3.3 3.4 3.5 permit. The year shall not include time of discontinued use due to a valid order of a court of law or due to building repair under a building permit. If in the future the City's Community Development Director, Police Chief, and/or Public Works Department determine that a parking, traffic, or noise problem exists on the site or in the vicinity as a result of the facility, the Community Development Director, Police Chief, and/or Public Works Department may require that the applicants to prepare a parking demand analysis, traffic study, or noise analysis and the applicants shall bear all associated costs. If said study indicates that there is inadequate parking or a traffic or noise problem, the applicants shall be required to provide mitigation measures to be reviewed and approved by the Community Development Department, Police Chief, and/or Public Works Department. 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. Building plan check submittal shall include the following: . Seven (7) sets of construction plans, including drawings for mechanical, plumbing and electrical. . Two (2) copies of Title 24 energy calculations for any unconditioned space converted to a conditioned space. Exiting shall comply with 2001 California Building Code, Chapter 3, Chapter 5, and minimum egress requirements in Table 10A. The plans submitted shall indicate that restrooms are accessible to persons with disabilities as per State of California Accessibility Standards (Title 24). Plumbing fixture units are required to comply with the 2001 California Plumbing Code Chapter four (4) Table 4-1 as per type of group occupancy, or as approved by the Building Official. 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. Prior to issuance of demolition, precise/rough grading, and or building permit with valuation of $50,000 or greater, the applicant shall submit for approval by the City of Tustin, Construction & Demolition (C&D) debris Exhibit A Resolution 3987 Conditional Use Permit 05-017 Page 4 (3) 3.6 collection, disposal, and diversion information on the City-prescribed forms. At least 50 of the construction debris shall be diverted from landfill to the recycling plants. A security deposit in amount of $50 per ton (not to exceed $5,000 per project) for C&D security deposit will be collected prior to issuance the permit. Prior to final inspection, the applicant shall submit to the City of Tustin documents (i.e. receipt from vendor) showing actual weight or volume of each material of C&D diverted to the recycling center. For any questions or concerns please contact Joe Meyers at (714) 573- 3173. (City Ordinance 1281) (5) 4.1 (5) 4.2 (5) 4.3 (5) 4.4 FEES (1 ) 5.1 Prior to issuance of a building permit, the applicant shall submit architectural plans for the review and approval of the Fire Chief if required per the "Orange County Fire Authority Plan Submittal Criteria Form." Please contact the OCFA at (714) 573-6100 for a copy of the Site/Architectural Notes to be placed on the Plans prior to submittal. Prior to the issuance of a building permit, plans for the fire alarm shall be submitted to the Fire Chief for review and approval. Please contact the OCFA at (714) 573-6100 or visit the OCFA website to obtain a copy of the "Guideline for new and Existing Fire Alarm Systems." This system shall be operation prior to the issuance of a certificate of use and occupancy. Prior to the issuance of a building permit, the applicant shall submit plans for any addition or modification to any existing automatic fire sprinkler system in the structure to the Fire Chief for review and approval. Please contact the OCFA at (714) 573-6100 to request a copy of the "Orange County Fire Authority Notes for NFPA 13 Commercial Sprinkler Systems." 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.