The URL can be used to link to this page

Home My WebLink AboutPC RES 4002A ----.--. I. RESOLUTION NO. 4002 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 04- 025 AUTHORIZING A MODIFICATION TO CONDITION 1.4 OF CONDITIONAL USE PERMIT 89-47 AND DESIGN REVIEW 89-68 TO ALLOW PROFESSIONAL, GENERAL, AND MEDICAL OFFICE USES, TRADE SCHOOLS, AND MARTIAL ARTS INSTRUCTION IN THE COMMERCIAL CENTER LOCATED AT 14051-14061 NEWPORT AVENUE. The Planning Commission finds and determines as follows: A. That a proper application, Conditional Use Permit 04-025, was filed by Westland Industries requesting authorization to modify Condition 1.4 of Conditional Use Permit 89-47 and Design Review 89-68 to allow professional, general, and medical office uses, trade schools, and martial arts instruction in the commercial center located at 14051 - 14061 Newport Avenue. B. That a public hearing was duly called, noticed, and held for Conditional Use Permit 04-025 on October 24, 2005, by the Planning Commission. C. That the allowance of the additional uses 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. The proposed uses comply with the General Plan land Use Element in that office and service uses such as instructional uses are included under the Community Commercial land Use Designation. 2. The uses would otherwise be permitted or conditionally permitted in the C1 or C2 Zoning Districts subject to Community Development Staff verification of available on-site parking to support the use. 3. Allowance of the additional uses may encourage additional economic activity for the center and adjacent commercial properties in that a lesser vacancy rate for the center could result from the additional uses and employees and customers from those uses may utilize goods and services offered within the center. 4. The additional uses will not conflict with adjacent uses in that office uses are generally non-disruptive in nature; all uses would occur indoors; on-site parking would be required to support all proposed uses prior to business license issuance; and, hours of operation for Resolution No. 4002 Page 2 the additional uses would be consistent with the general business hours of other businesses within the surrounding vicinity. 5. There is sufficient roadway capacity to accommodate any changes in trip generation caused by the additionally permitted uses in that a comparison of existing and proposed uses was completed and determined that adjacent streets have sufficient capacity to accommodate the change. D. 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 04-025 authorizing the modification of Condition 1.4 of Conditional Use Permit 89-47 and Design Review 89-68 to allow professional, general, and medical office uses, trade schools, and martial arts instruction in the commercial center located at 14051 - 14061 Newport Avenue, subject to the conditions contained within Exhibit A attached hereto. ¿:¿~~~~ ELIZABETH A. BINSACK Planning Commission Secretary PASSED AND ADOPTED by the Planning Commission of regular meeting on the 24th day of October, 2005 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. 4002 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 24th day of October, 2005. ß~d ;¿£~fiÆ ELIZABETH A. BINSACK Planning Commission Secretary (1 ) (1 ) 1.2 ,.. (*) 1.3 EXHIBIT A RESOLUTION NO. 4002 CONDITIONAL USE PERMIT 04-025 CONDITIONS OF APPROVAL 1.1 Approval of Conditional Use Permit 04-025 is contingent upon the applicant and all property owners signing and returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and all property owners 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 04-025, 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. All conditions of approval from Conditional Use Permit 89-47 and Design Review 89-68, including Condition 1.4, remain effective for the Planned Community Commercial Zoning District which includes all odd addresses between 14051 and 14081 Newport Avenue with the exception that Condition 1.4 is modified for Building A and tenants in Building B that do not front onto Newport Avenue as follows: a. The type of uses allowed in the project shall substantially conform to those uses authorized in the C-1 and C-2 Zoning District except for those uses specifically prohibited in this Resolution. All uses which require a Conditional Use Permit as listed in the C-2 Zoning District will also require a Conditional Use Permit for this site except for ground floor general or professional offices. Dance studios, athletic instruction, and business/trade/instructional schools shall also be permitted uses. b. Prohibited Uses: auto repair or retail auto parts sales or installation, laundromats, convenience or liquor stores, arcades or other gaming establishments, adult bookstores, and massage establishments. 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 No. 4002 Page 2 (1 ) 1.5 Prior to issuance of a business license or a building permit(s), each use for the center must be verified by the Community Development Department to have on-site parking as required by the CUP 89-47 and the Tustin City Code. 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. (*) 1.4