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HomeMy WebLinkAboutPC RES 3712 RESOLUTION NO. 3712 ~_ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING 3 CONDITIONAL USE PERMIT 99-029 AUTHORIZING 4 ESTABLISHMENT OF A CHURCH USE WITHIN THE PACIFIC GOLF BUSINESS CENTER AT 15102 RED HILL 5 AVENUE, SUITES A AND D. The Planning Commission of the City of Tustin does hereby resolve as follows: 7 I. The Planning Commission finds and determines as follows: 9 A. That a proper application for a Conditional Use Permit was filed by Rick Eastman on behalf of Sea Breeze Community Church to establish a church ~0 facility for a maximum of 129 members within an existing building in Pacific Golf Business Center located at 15102 Red Hill Avenue, Suites A and D, ~1 more specifically described as Assessor's Parcel Numbers 432-281-01 and- ~2 432-282-02 through 432-282-05. ~3 B. That the proposed use is consistent with the City's General Plan "Industrial" ~4 land use designation which allows development of light industrial and office uses and community facilities. ].5 C. That the proposed use is allowed with approval of a conditional use permit ~6 within the Industrial. (M) zoning district pursuant to adoption of Planning ~? Commission Resolution 3591 in 1998. ~8 D. That a public hearing was duly called, noticed and held on said application on February 14, 2000 by the Planning Commission. ]9 20 E. That the establishment, maintenance and operation of the use applied for will not, under the circumstances of this case, be detrimental to the health, 2~ safety, morals, comfort, or general welfare of the persons residing or 22 working in the neighborhood of such proposed use, nor be injurious or detrimental to the property and improvements in the neighborhood of the 23 sub.iect property, or to the general welfare of the City of Tustin, as evidenced by the following findings: 24 25 1 ) The proposed use is consistent with the City's church use guidelines (Planning Commission Resolution No. 3591) which allows the 26 establishment of church uses within industrial zoning districts upon 27 approval of a conditional use permit by the Planning Commission in that: 28 29 · There are no other church uses within 1,200 feet of the proposed church use; and, · The church facility is within a free standing building shared by only one (1) other tenant within the center and separated from other buildings in the center by more than forty (40) feet. Resolution 3712 Page 2 2) Sufficient parking would be available for existing uses and the proposed church use as demonstrated by the shared. parking analysis prepared by City's Traffic Engineer. The existing level of service of Red Hill Avenue and Edinger Avenue will not be impacted by the proposed use. Should there be a parking or traffic deficiency as a result of this use, the property owner and applicant will be required to prepare a formal parking or traffic study and implement mitigation measures required by the City. 3) As conditioned, no activities will be scheduled simultaneously that would require more parking spaces than are provided. 4) The proposed church use.will not be detrimental to the surrounding properties in that the hours of operation for assembly uses would occur at the hours when other businesses in the center are not in operation. F. This project is Categorically Exempt pursuant to Section 15301, Class I of the California Environmental Quality Act. G. 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. II. The Planning Commission hereby approves Conditional Use Permit 99-029 to allow the establishment of a church facility for a maximum of 129 members within an existing building in Pacific Golf Business Center located at 15102 Red Hill Avenue, Suites A and D, subject tO the conditions contained in Exhibit A, attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 14th day of February, 2000. ~KOZAK r~~/_~~.~-~~/~_~ Chairman ELIZABETH BINSACK Planning Commission Secretary Resolution 3712 Page 3 ! 2 4 STATE OF CALIFORNIA ) s COUNTY OF ORANGE ) .CITY OF TUSTIN ) 6 I, Elizabeth Binsack, the undersigned, hereby certify that I am the Planning Commission ? Secretary of the Planning Commission of the City of Tustin, California; that Resolution No.. 8 3712 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 14th day of February, 2000. 9 Elizabeth Binsack Planning Commission Secretary 13 14 15 17 18 19 20 2! 22 23 24 25 26 28 29 EXHIBIT A CONDITIONAL USE PERMIT 99-029 CONDITIONS OF APPROVAL RESOLUTION NO. 3712 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date-stamped February 14, 2000, 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 the plans if such modifications are consistent with the provisions of the Tustin City Code. (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with prior to the issuance of any building permits for the project, subject to review and approval by the Community Development Department. (1) 1.3 The subject project 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 prior to expiration. (1) 1.4 Approval of Conditional Use Permit 99-029 is contingent upon the applicant and property owner signing and returning an "Agreement to Conditions Imposed" form as established by the Director of Community Development. (1) 1.5 The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of a challenge of the City's approval of this project. USE RESTRICTIONS (1) 2.1 A church use shall be allowed only in tenant spaces A and D, which is 4,850 square feet in area. Any expansion shall require approval of an amendment by the Planning Commission and provision of sufficient parking. SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION REQUIREMENTS (3) UNIFORM BUILDING CODE/S (4) DESIGN REVIEW *** EXCEPTIONS (5) RESPONSIBLE AGENCY (6) LANDSCAPING GUIDELINES (7) PC/CC POLICY Resolution 3712 Exhibit A Page 2 (1) 2.2 Based on the parking demand analysis for the project, the assembly and classroom areas would be limited to the proposed uses, number of attendees, and hours of operation, as follows: Use Days/ hours of function Maximum Number of Persons Church Saturday 6:00 p.m. to 9:00 p.m. 40 Sunday 8:30 a.m. to 12:00 noon 100 Church School Sunda 9:30 a.m. to 11:30 a.m. 45 Bible Studies 3 times a week 6:30 .m. to 9:30 .m. 25 Administrative Once a week evenings (2 hours) 15 Meetin s 7:00 .m. to 9:00 .m. Congregational Once a month evenings (2-3 hours) 50 Meetin s 6:00 .m. to 9:00 .m. Holida Services Seasonal Christmas and Easter 125 Social Events Once a month evenings 75 6:00 .m. to 9:00 .m. Administrative Monday through Friday 4 Offices 9:00 a.m. to 5:00 .m. (1) 2.3 No simultaneous uses may occur unless approved by the Community Development Director and sufficient parking provided. (1) 2.4 If the authorized use is discontinued for six (6) months, then it shall be conclusively deemed abandoned and the Conditional Use Permit will be deemed null and void. (1) 2.5 If at any time in the future a tenant or customer advises the City that a parking and/or traffic problems exists on the site or in the vicinity as a result of the church use, the Director of Community Development may require the property owner and applicant to prepare a parking demand analysis and/or a traffic study. If said study indicates that there is inadequate parking or a traffic problem, the property owner and applicant shall be required to provide mitigation measure to be reviewed and approved by the Community Development Department. Said mitigation may include the following: a. Establish alternative hours of operation; b. Reduce the number of persons served or provide additional worship services to reduce parking demand; and/or, c. Secure off-site parking from adjacent property owners. (1) 2.6 All activities shall be located entirely within the enclosed building. Resolution 3712 Exhibit A Page 3 (3) 2.7 All regulations of the Uniform Building Code and the Fire Department regarding assembly occupancy classification fire rating and exiting standards shall be adhered to at all times. (1) 2.8 No schools shall be permitted except Sunday school activities during Sunday church services. BUILDING DIVISION (1) 3.1 Prior to occupancy, plans shall be submitted for plan check to demonstrate compliance with current codes. Indicate on the title sheet the applicable codes, City, state and federal laws and regulations to include: 1997 Uniform Building Code with California Amendments; 1997 Uniform Mechanical and Plumbing Codes with California Amendments; 1996 National Electrical Code with California Amendments; 1997 Uniform Fire Code. (1) 3.2 Parking for disabled persons shall be provided with an additional five (5) foot loading area with striping and ramp and such that disabled persons can park and access the building without passing behind another car. At least one (1) accessible space shall be van accessible served by a minimum 96 inch wide loading area, in accordance with Uniform Building Code, 1997 Edition, Chapter 11. The site plan shall demonstrate compliance with this requirement. The location of disabled parking, ramp access, and path of travel in immediate proximity to the tenant space shall be identified on the site plan. (3) 3.3 Accessible restrooms for persons with disabilities shall be provided, per Uniform Building Code, 1997 Edition, Chapter 11, (Accessibility) and State of California Accessibility Standards (Title 24). Restroom fixtures for Group A occupancy, in accordance with Uniform Building Code, 1997 Edition, Appendix Chapter 29 shall be provided. (3) 3.4 A detailed floor plan shall be provided showing all required exits for compliance with mixed occupancy and A-3 occupancy, in accordance with Uniform Building Code, 1997 Edition, Chapter 3, (Occupancy Classification) and Chapter 10 (Means of Egress). (3) 3.5 Exit corridors shall be constructed of materials approved for one-hour construction (Uniform Building Code, 1997 Edition, Chapter 10, Section 1004.3.4). Resolution 3712 Exhibit A Page 4 (3) 3.6 An adequate number of sanitary facilities shall be provided in accordance with Table 29-A of Appendix Chapter 29 of the 1997 California Building Code. (3) 3.7 A 60 inch landing for all doors shall be provided. The landing shall be a minimum of 60 inches by 60 inches. (3) 3.8 The main exit corridors shall be a minimum of 60 inches in width to accommodate a door swing in the direction of travel and onto the landing in accordance with California Building Code Section 1133B.2.4.2. (3) 3.9 All exit doors shall swing in direction of travel when occupant load served by corridor reaches 50 or more persons as determined by table 10-A. (California Building Code Section1003.3.1.5). (3) 3.10 All corridors shall be one (1) hour fire resistive construction. All doors in a rated corridor shall be twenty (20) minute rated with self closures. All windows shall be forty-five (45) minute rated limited to 25 percent the wall facing the corridor (California Building Code CBC 1004.3.4.3). A note shall be added on the plans. (3) 3.11 All exit doors and doors in path of travel to exits shall be equipped with panic hardware. A note shall be added on the plans. (3) 3.12 Maximum occupant load shall be posted in class rooms and rooms with occupant load of 50 or more as determined in Table 10-A of the 1997 CBC. A note shall be added on the plans. (3) 3.13 Rooms used for Sunday school with occupant load of seven (7) or more shall have two exits and the exit door shall swing in path of travel. (3) 3.14 An illuminated exit and emergency lighting with battery pack or generator shall be provided at all exists. ORANGE COUNTY FIRE AUTHORITY (1) 4.1 Prior to occupancy or the approval of the building permit, the applicant shall submit plans for the review and approval of the Fire Chief. The applicant shall contact the Orange County Fire Authority at (714) 744-0403 for a copy of the Fire Safety Site/ Architectural Notes to be placed on the plans prior to submittal. The occupancy load shall be calculated by use in each of the rooms. Resolution 3712 Exhibit A Page 5 (1) 4.2 Prior to occupancy or the issuance of a building permit, the applicant shall submit plans and obtain approval from the Fire Chief for the fire lanes on required fire access roads less than 36 feet in width. The plans shall indicate the locations of red curbing and signage. A drawing of the proposed signage with the height, stroke and color of lettering and the contrasting background color shall be submitted to and approved by the Fire Chief. (1) 4.3 Prior to occupancy or the issuance of any certificate of use and occupancy, the fire lanes shall be installed in accordance with the approved fire lane plan. The CC&R's or other applicable documents, shall contain a fire lane map and provisions which prohibit parking in the fire lanes. The method of enforcement shall be documented. (1) 4.4 Prior to issuance of a building permit for combustible construction, the builder shall submit a letter on company letterhead stating that water for fire-fighting purposes and the all weather fire protection access roads shall be in place and operational before any combustible material is placed on- site. FEES (1)(5) 5.1 Prior to issuance of any building permits, payment shall be made of all applicable building plan check, signs, design review and permit fees to the Community Development Department based upon the most current schedule. a. Building plan check and permit fees to the Community Development Department based on the most current schedule. b. Orange County Fire Authority plan check and inspection fees to the Community Development Department based upon the most current schedule (1) 5.2 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 $38.00 (thirty eight dollars) 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.