Loading...
HomeMy WebLinkAboutPC RES 4012 RESOLUTION NO. 4012 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 05-040 AUTHORIZING THE ESTABLISHMENT OF A BIRTHDAY PARTY BUSINESS FOR UP TO EIGHTEEN (18) PERSONS WITHIN A 1,200 SQUARE FOOT TENANT SPACE AT 13011 NEWPORT AVENUE, SUITE 100A. The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. A proper application, Conditional Use Permit 05-040, was filed by Mr. Thomas Trikilis (Olivia's Doll House Tea Room), requesting authorization to establish a birthday party business for children's amusement with a maximum of eighteen (18) persons within an existing 1 ,200 square foot tenant space located at 13011 Newport Avenue, Suite 100A, 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 and service businesses. 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 December 12, 2005, 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 is a similar establishment as a birthday party business and authorized within the C-2 Zone, pursuant to Use Determination 88-01. In addition, the project has been reviewed and determined to be consistent with the Air Quality Sub-element of the City of Tustin General Plan. Resolution No. 4012 Page 2 2) The proposed birthday party business would not be detrimental to surrounding properties in that the hours of operation, number of customers, and type of operation are consistent with other businesses within the same center and the C-2 zoning district. All operations will be conducted inside the building. 3) The proposed use, as conditioned, would not result in any parking impacts because the maximum number of persons will be limited to eighteen (18) persons at any given time based upon the party ratio of one (1) parking space per every three (3) persons and the six (6) parking spaces allotted to the tenant space. The Traffic Engineering Division has reviewed the proposed business and has concluded that there will be no adverse traffic impacts and there is sufficient parking and street capacity to support the proposed project. 4) As conditioned, Conditional Use Permit 05-040 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. If the use is not operated in accordance with Conditional Use Permit 05-040 or is found to be a nuisance or negative impacts are affecting the surrounding uses, the Community Development Director would have the authority to impose additional conditions to eliminate the nuisance or negative impacts or may initiate proceedings to revoke the Conditional Use Permit. 5) The implementation/application of the proposed conditions would ensure compatibility of the proposed birthday party business use with the surrounding uses and the Tustin City Code. F. This project is Categorically Exempt pursuant to Section 15301, Class 1 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Planning Commission hereby approves Conditional Use Permit 05- 040 authorizing the establishment of a birthday party with a maximum of eighteen (18) persons and within an existing 1 ,200 square foot tenant space located at 13011 Newport Avenue, Suite 100A, subject to the conditions contained within Exhibit A attached hereto. Resolution No. 4012 Page 3 PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 12th day of December, 2005. JOHN NIELSEN Chairperson ~~~=CK Planning Commission Secretary 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. 4012 was duly passed and ado~ted at a regular meeting of the Tustin Planning Commission, h~ld on the 12t day of December, 2005. rvE~~ACK Planning Commission Secretary EXHIBIT A RESOLUTION NO. 4012 CONDITIONAL USE PERMIT 05-040 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped December 12, 2005, 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. (1) 1.2 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. (1) 1.3 All conditions in this Exhibit shall be complied with as specified, subject to review and approval by the Community Development Department. (1 ) 1.4 Approval of Conditional Use Permit 05-040 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. (1) 1.5 As a condition of approval of Conditional Use Permit 05-040, 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. (1) (2) (3) (4) *** SOURCE CODES STANDARD CONDITION CEQA MITIGATION UNIFORM BUILDING CODElS DESIGN REVIEW EXCEPTIONS (5) (6) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY Exhibit A Resolution No. 4012 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 ) 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 05-040 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 (***) 2.1 The maximum number of customers and employees at any given time within the facility shall be eighteen (18) persons based upon the available amount of parking in the center, at a ratio of one (1) parking space per employee and one (1) parking space for every three (3) persons. Any request to increase customer and/or employee numbers shall require the project proponent with property owner's permission to provide a parking demand analysis of the center showing sufficient parking would be provided and shall be subject to the Community Development Director's review and approval. No overlapping of parties shall be permitted. (***) 2.2 Hours of operation of the birthday party business, "Tea Room," shall be limited to 10:00 a.m. to 8:00 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 and/or loitering 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. (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 Exhibit A Resolution No. 4012 Page 3 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. b. 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 any food service, whether the food is prepared on-site or off-site, the applicant shall obtain all necessary approvals from the Orange County Health Department. FEES (2) 4.1 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.