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HomeMy WebLinkAboutPC RES 4523Docusign Envelope ID: 3DDOF90D-0413-4A60-BAD7-78A42DB3DD74 RESOLUTION NO. 4523 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 2024-0022 AUTHORIZING THE ESTABLISHMENT OF A COMMERCIAL RECREATIONAL FACILITY (IMAGINE MINDS) AT 514 E. FIRST STREET. The Planning Commission of the City of Tustin does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That a proper application for Conditional Use Permit (CUP) 2024- 0022 was filed by Aibek Almassov on behalf of Imagine Minds, requesting authorization to establish a commercial recreational facility at 514 E. First Street. B. That the subject property is located within the Downtown Commercial Core Specific Plan (DCCSP) under Development Area (DA) 3 and has a General Plan land use designation of DCCSP. C. That pursuant to Section 3 of the DCCSP, a CUP is required prior to establishment of a commercial recreational facility (Imagine Minds). Tustin City Code (TCC) Section 9291 grants the Planning Commission the authority to consider and act on requests for a CUP. D. That a public hearing was duly called, noticed, and held for CUP 2024-0022 on March 25, 2025, by the Planning Commission. E. That in determining whether to approve the CUP, the Planning Commission finds that the establishment, maintenance, and operation of the proposed uses 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 DCCSP allows for a variety of general commercial, business and professional offices, and service activities. Commercial recreational facilities are allowed in the DCCSP with a CUP. 2. The proposed commercial recreational facility (Imagine Minds) is located within a multi -tenant shopping center where a variety of commercial and service uses are located. As conditioned, the characteristics of the proposed use and hours of operation would be similar to other establishments in the shopping center. Docusign Envelope ID: 3DDOF90D-0413-4A60-BAD7-78A42DB3DD74 Resolution No. 4523 CUP 2024-0022 Page 2 3. An amended joint -use parking study for Larwin Square was submitted February 10, 2025, evaluating the parking demand of all existing and proposed uses on -site and found that the existing number of parking spaces (792 spaces provided) is sufficient to accommodate the proposed use at peak periods (19 spaces required). F. That 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. G. This project is Categorically Exempt pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15301 (Class 1 — Existing Facilities), as established by California Code of Regulations Sections 21083 and 21084. II. The Planning Commission hereby approves CUP 2024-0022 authorizing the establishment of an indoor recreation facility (Imagine Minds) at 514 E. First Street, 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 25t" day of March, 2025. by: ET','94"15'9"6.E503D4DE ... TANNER DOUTHIT Chairperson Signed by: ED45DA2623B54A5... JUSTINA L. WILLKOM Planning Commission Secretary APPROVE AS TO FORM: EvASigned wby- m A 343ADCC695E946B... MICHAEL DAUDT Assistant City Attorney Docusign Envelope ID: 3DDOF90D-0413-4A60-BAD7-78A42DB3DD74 Resolution No. 4523 CUP 2024-0022 Page 3 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; that Resolution No. 4523 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 25th day of March 2025. PLANNING COMMISSIONER AYES: PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: Signed by: ED45DA2623B54A5... JUSTINA L. WILLKOM Planning Commission Secretary Douthit, Higuchi, Kozak, Mason. Mello (5) GENERAL EXHIBIT A CONDITIONAL USE PERMIT 2024-0022 CONDITIONS OF APPROVAL 514 E. FIRST STREET The proposed use shall substantially conform to the project description and submitted plans for the project date stamped March 25, 2025, on file with Community and Economic Development, except as herein modified, or as modified by the Community and Economic Development Director in accordance with this Exhibit. The Community and Economic Development Director may also approve minor modifications during plan check if such modifications are to be consistent with the provisions of the Tustin City Code (TCC) and other applicable codes. (1) 1.2 This approval shall become null and void unless the use is established within 12 months of the date of this Exhibit. Time extensions may be granted if a written request and associated fee are received by Community and Economic Development within 30 days prior to expiration. (1) 1.3 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified, subject to review and approval by Community and Economic Development. (1) 1.4 Approval of Conditional Use Permit (CUP) 2024-0022 is contingent upon the applicant and property owner signing and returning to Community and Economic Development a notarized "Agreement to Conditions Imposed" form and the property owner signing and recording with the County Clerk - Recorder a "Notice of Discretionary Permit Approval and Conditions of Approval' form. The forms shall be established by the Community and Economic Development Director, and evidence of recordation shall be provided to Community and Economic Development. (1) 1.5 Any transfer of ownership of the establishment and/or operator shall require the new owner and/or operator to sign and return an "Agreement to Conditions Imposed" form provided by Community and Economic Development. Failure to do so would be a basis for revocation proceeding. (1) 1.6 As a condition of approval of CUP 2024-0022, the applicant and property owner 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 SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Exhibit A —Conditions of Approval CUP 2024-0022 March 25, 2025 Page 2 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 and/or property owner 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 the defense of any such action under this condition. (1) 1.7 Any violation of any of the conditions imposed is subject to issuance of an Administrative Citation pursuant to TCC Section 1162(a). (1) 1.8 The applicant and/or property owner 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. (1) 1.9 CUP 2024-0022 may be reviewed at any time by the Community and Economic Development Director. The Community and Economic Development Director shall review the use to ascertain compliance with conditions of approval. If the use is not operated in accordance with CUP 2024-0022 or is found to be a nuisance or negative impacts are affecting the surrounding tenants or area, the Community and Economic Development Director may impose additional conditions to eliminate the nuisance or negative impacts or may initiate proceedings to revoke the CUP. (1) 1.10 If, in the future, the City's Community and Economic Development Director, Police Chief, and/or Public Works Department determine that parking, traffic, or noise problem exists on the site or in the vicinity as a result of the facility, the Community and Economic Development Director, Police Chief, and/or Public Works Department may require that the applicant 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 measures to be reviewed and approved by Community and Economic Development, Police Chief, and/or Public Works Department. Said mitigation measures may include, but are not limited to, the following: a) Establish alternative hours of operation, b) Reduce client enrollment, c) Provide additional parking, or d) Provide noise attenuation improvements. USE RESTRICTIONS (1) 2.1 This approval authorizes a commercial recreational facility (Imagine Minds). No room or area within the business shall be used or rented for purposes other than for the operations described by Imagine Minds. Any changes shall Exhibit A —Conditions of Approval CUP 2024-0022 March 25, 2025 Page 3 be reviewed and approved by the Community and Economic Development Director. (1) 2.2 Hours of operation shall be as follows unless otherwise modified with the approval of the Community and Economic Development Director. Day Hours Monday to Friday 9 a.m. to 6 p.m. Saturday and Sunday 9 a.m. to 7 p.m. (1) 2.3 The tenant space shall be limited to 51 persons, inclusive of up to 48 participants, and three employees at any given time based on the operations letter provided. Should additional capacity be proposed, the applicant shall submit an updated operations letter to Community and Economic Development for review and approval prior to the commencement of the modified operation. (1) 2.4 Any modifications to the approved operations or floor plan are subject to review and approval by the Community and Economic Development Director, or their designee, prior to implementation. Major modifications to either may require requesting approval of a new CUP as determined by staff. (1) 2.5 The tenant space shall maintain volume at appropriate levels such as complying with the City's Noise Ordinance standards for both interior and exterior noise levels. Doors to the business shall remain closed at all times during operational hours. (1) 2.6 Sessions shall be staggered to avoid lines and the business owner, or his designee, shall be responsible for monitoring the queuing lines at all times. The outdoor queuing line shall not block public walkways or obstruct the entry or exit doors of adjacent businesses. (1) 2.7 Business operations shall be conducted in a manner that does not create a public or private nuisance. Any such nuisance must be abated immediately upon notice by the City of Tustin. (1) 2.8 There shall be no window coverings or advertisements that reduce the visibility inside of the business. (1) 2.9 Any graffiti painted or marked upon the premises, or any adjacent area under control of the property owner or the business, shall be removed or painted within 24 hours of being applied. (1) 2.10 All litter shall be removed from the exterior areas around the premises, including public sidewalk areas and parking areas, no less frequently than once each day when the business is open. Exhibit A —Conditions of Approval CUP 2024-0022 March 25, 2025 Page 4 SIGNAGE (1) 3.1 Signage shall comply with the master sign plan for Larwin Square. The applicant shall submit sign plans to the Building Division for a building perm it. BUILDING DEPARTMENT (2) 4.1 Applicant shall apply for a tenant improvement permit and have the plans approved through plan check. PUBLIC WORKS DEPARTMENT (3) 5.1 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 percent 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 fifty dollar ($50.00) application fee and a cash security deposit. Based on the review of the submitted Waste Management Plan, the cash security deposit in the amount of five percent of the project's valuation as determined by the Building Official, rounded to the nearest thousand. The deposit amount will be collected in accordance with the Tustin City Code. c. Prior to issuance of a any 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) 6.1 Within 48 hours of approval of the subject project, the applicant shall deliver to Community and Economic Development, a cashier's check payable to the ORANGE COUNTY CLERK -RECORDER in the amount of fifty dollars ($50.00) to enable the City to file the appropriate environmental documentation for the project. If within such 48 hour period the applicant has not delivered to Community and Economic Development 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.