Loading...
HomeMy WebLinkAboutPC RES 4406 DocuSign Envelope ID: F9882003-CFA8-4FAA-ABA2-EE92DD7E6D2E RESOLUTION NO. 4406 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 2020-0004 AUTHORIZING A MODIFICATION TO CONDITION 1.4 OF RESOLUTION NO. 2731 (CONDITIONAL USE PERMIT 89-47 AND DESIGN REVIEW 89-68) TO ALLOW PROFESSIONAL, GENERAL, AND MEDICAL OFFICE USES, TRADE SCHOOLS, MARTIAL ARTS INSTRUCTION AND MASSAGE ESTABLISHMENTS IN BUILDINGS A AND B OF THE TUSTIN FREEWAY CENTER LOCATED AT 14051-14061 NEWPORT AVENUE. I. The Planning Commission finds and determines as follows: A. That a proper application for Conditional Use Permit 2020-0004 was filed by Ahmed Elgazar of Tustin Dental Center/Elgazar DDS, requesting authorization to modify Condition 1.4 of Resolution No. 2731 (Conditional Use Permit 89-47 and Design Review 89-68) to allow professional, general, and medical office uses, trade schools, martial arts instruction and massage establishments in Buildings A and B of the Tustin Freeway Center located at 14051 — 14061 Newport Avenue. B. That a public hearing was duly called, noticed, and held for Conditional Use Permit 2020-0004 on July 13, 2020, 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. hat: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. DocuSign Envelope ID: F9882003-CFA8-4FAA-ABA2-EE92DD7E6D2E 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 the additional uses would be consistent with the general business hours of other businesses within the surrounding vicinity. 5. The City's Public Works Department, Police Department and Building Division have reviewed and support the proposed project, as conditioned. 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 2020-0004 authorizing the modification of Condition 1.4 of Resolution No. 2731 (Conditional Use Permit 89-47 and Design Review 89-68) to allow professional, general, and medical office uses, trade schools, martial arts instruction, and massage establishments in the commercial center located at 14051 — 14061 Newport Avenue, 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 13th day of July, 2020. awe Atxsbw AMY MASON Chairperson JUSTINA L. WILLKOM Planning Commission Secretary DocuSign Envelope ID: F9882003-CFA8-4FAA-ABA2-EE92DD7E6D2E STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Justina L. Willkom, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California and that Resolution No. 4406 was duly passed and adopted at a regular meeting of the Tustin Planning Commission held on the 13th day of July, 2020. PLANNING COMMISSIONER AYES: L. Chu, R. Gallaher,AJ Jha, S. Kozak,A. Mason (5) PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: JUSTINA L. WILLKOM Planning Commission Secretary DocuSign Envelope ID: F9882003-CFA8-4FAA-ABA2-EE92DD7E6D2E Exhibit A Resolution No. 4406 Page 1 EXHIBIT A RESOLUTION NO. 4406 CONDITIONAL USE PERMIT 2020-0004 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform to the submitted plans for the project date stamped July 13, 2020, on file with the Community Development Department, as herein modified, or as modified by the Community Development Director in accordance with this Exhibit. The Director may also approve subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code or other applicable regulations. (1) 1.2 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. (*) 1.3 Approval of CUP 2020-0004 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 and associated fee are received by the Community Development Department within thirty (30) days prior to expiration. (*) 1.4 Approval of CUP 2020-0004 is contingent upon the applicant 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 Any violation of any of the conditions imposed is subject to the issuance of an Administrative Citation pursuant to Tustin City Code Section 1162(a). (*) 1.6 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney's fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY (2) CEQA MITIGATION REQUIREMENTS (3) UNIFORM BUILDING CODE/S (6) LANDSCAPING GUIDELINES (4) DESIGN REVIEW (7) PC/CC POLICY *** EXCEPTIONS DocuSign Envelope ID: F9882003-CFA8-4FAA-ABA2-EE92DD7E6D2E (1) 1.7 As a condition of approval of CUP 2020-0004, 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 applicants 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. (*) 1.8 CUP 2020-0004 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. The Community Development Director shall review the use to ascertain compliance with conditions of approval. If the use is not operated in accordance with CUP 2020-0004, or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the Community Development Director shall impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke CUP 2020-0004. USE RESTRICTIONS (1) 2.1 All conditions of approval from Conditional Use Permit 89-47, Design Review 89-68, and CUP 04-025, 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 of CUP 89-47 and DR 89-68 is modified for Building A and Building B 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. b. Prohibited Uses: auto repair or retail auto parts sales or installation, Laundromats, convenience or liquor stores, arcades or other gaming establishments, and adult bookstores. These uses are prohibited to ensure compatibility of land uses with the adjacent residential properties, ensure compliance with the parking requirements listed herein and to comply with the requirements of Planning Commission Resolution 2411. DocuSign Envelope ID: F9882003-CFA8-4FAA-ABA2-EE92DD7E6D2E (*) 2.2 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. (1) 2.3 Any reduction of on-site parking, change of tenant spaces/uses, parking lot and/or circulation shall be reviewed and approved by the Community Development Department. PLAN SUBMITTAL (3) 3.1 At the time of building permit application, the plans shall comply with the latest edition of the codes (building codes, Green Building Code), City Ordinances, State, Federal laws, and regulations as adopted by the City Council of the City of Tustin. (1) 3.2 Construction and Demolition Waste Recycling and Reduction Plan (WRRP). a. The applicant/contractor is required to submit a WRRP to the Public Works Department. The WRRP must indicate how the applicant will comply with the City's requirement (City Code Section 4351, et al) to recycle at least 65% of the project waste material or the amount required by the California Green Building Standards Code. b. The applicant will be required to submit a $50.00 application fee and a cash security deposit in the amount of five (5) percent of the project's valuation as determined by the Building Official, rounded to the nearest thousand, or $2,500, whichever is greater. In no event shall a deposit exceed $25,000. C. Prior to issuance of a permit, the applicant shall submit the required security deposit in the form of cash, cashier's check, personal check, or money order made payable to the "City of Tustin". FEES (*) 4.1 Prior to issuance of any permits, payment shall be made of all applicable fees, including but not limited to, the following: • Building and Planning plan check and permit fees (1) 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 fifty dollars ($50.00) to enable the City to file the appropriate environmental DocuSign Envelope ID: F9882003-CFA8-4FAA-ABA2-EE92DD7E6D2E 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.