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HomeMy WebLinkAboutPC RES 4092RESOLUTION NO. 4092 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 08- 005 AUTHORIZING THE ESTABLISHMENT OF A SPIRITUAL CENTER WITH A BOOKSTORE AND SERVICES INCLUDING CHILDCARE, CLASSES AND SANCTUARY WITHIN AN EXISTING 4,685 SQUARE FOOT TENANT SPACE LOCATED AT 14051 NEWPORT AVENUE SUITE H IN THE TUSTIN FREEWAY CENTER. The Planning Commission does hereby resolve as follows: The Planning Commission finds and determines as follows: A. A proper application, Conditional Use Permit 08-005, was filed by Judy Deprete of Common Ground Interfaith Spiritual Center, Inc. requesting authorization to establish and operate a spiritual center with a bookstore and services including childcare, classes, and sanctuary within an existing 4,685 square foot tenant space located at 14051 Newport Avenue, Suite H. B. The General Plan Community Commercial land use designation and the Tustin Freeway Center Planned Community Regulations provide for a variety of commercial and office uses. 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. That a church use within the Tustin Freeway Center requires approval of a Conditional Use Permit. D. That a public hearing was duly called, noticed, and held for said application on May 27, 2008, 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, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject properly, or to the general welfare of the City of Tustin in that: 1) The proposed use would be located in an existing 4,685 square foot tenant space located within a shopping center and, as conditioned, would not be detrimental to surrounding properties in that the hours of operation, number of participants, and scope of operations for the proposed spiritual center with bookstore would be compatible and consistent with the commercial retail uses in the center and nearby properties, and all operations would be conducted inside the building with closed doors. Resolution No. 4092 Page 2 2) The proposed use is not anticipated to result in parking impacts since the total number of attendance would be limited to forty- eight (48) persons at one time based upon the available on-site parking using the ratio of one (1) parking space for every three (3) persons, which is the typical ratio used for assembly uses throughout the City. 3) The proposed use will not be detrimental to the surrounding properties in that the hours of operation would be from 9:00 a.m. to 9:00 p.m. daily, which is consistent with the general business hours of other businesses within the surrounding vicinity. 4) The proposed use offers a retail component, however the primary function of the business as a spiritual center make it a destination use that is not dependent upon street frontage exposure. Prior retail uses have struggled at the subject location due to the lack of street exposure. This use may also spur economic interest in the other businesses within the Tustin Freeway Center as it will draw patrons from a larger area of Orange County and Tustin that would not otherwise visit the Tustin Freeway Center. 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 08-005 authorizing the establishment of a spiritual center with a bookstore and services including childcare, classes, and sanctuary within an existing 4,685 square foot tenant space located at 14051 Newport Avenue, Suite H. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 27th day of May, 2008. ELIZABETH A. I SACK Planning Commi sion Secretary JO IELSEN Chairperson Resolution No. 4092 Page 3 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. 4092 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 27th day of May, 2008. ELIZABETH A B NSACK Planning Comm sion Secretary EXHIBIT A RESOLUTION N0.4092 CONDITIONAL USE PERMIT 08-005 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped, May. 27, 2008, 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 subject to review and approval by the Community Development Department. (1) 1.4 Approval of Conditional Use Permit 08-005 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 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. SOURCE CODES (1) STANDARD CONDITION (5) (2) CEQA MITIGATION (6) (3) UNIFORM BUILDING CODE/S (7) (4) DESIGN REVIEW *i"` RESPONSIBLE AGENCY REQUIREMENT LANDSCAPING GUIDELINES PC/CC POLICY EXCEPTION Exhibit A Resolution No. 4092 Page 2 (1) 1.6 As a condition of approval of Conditional Use Permit 08-005, 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) 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) 1.8 Conditional Use Permit 08-005 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. BUILDING DIVISION (3) 2.1 At the time of building permit application, the plans shall comply with the latest State and the City Tustin adopted Codes: 2007 California Building Code (CBC), 2007 California Mechanical Code (CMC), 2007 California Plumbing Codes (CPC), 2007 California Electrical Code (CEC), California Title 24 Accessibility Regulations, 2005 Title 24 Energy Regulations, City Ordinances, and State and Federal laws and regulations 2005 Edition. At the time of plan submittal provide: • Seven (7) set of plans including building, electrical, mechanical, and plumbing plans. • Two sets of structural calculations (when applicable). • Two sets of Title 24 energy calculations for outdoor lighting (when applicable). (3) 2.2 Prior to permit issuance, clearances from Orange County Fire Authority, is required. (3) 2.3 Vehicle parking, primary entrance (s) to the site and building, the primary paths of travel, reception space, sanitary facilities, drinking fountain, and public telephones shall be accessible to persons with disabilities and shall be shown on the plans. Exhibit A Resolution No. 4092 Page 3 (3) 2.4 Parking for disabled persons shall be provided with an additional five (5) foot loading area with striping and ramp; disabled persons shall be able to 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. (1) 2.5 Prior to issuance of any building/grading permit when the valuation of work is $50,000 or greater, the applicant shall complete the Construction & Demolition Debris Project Waste Management Plans and submit for review and approval by the City of Tustin Public Works Department. At least 50 percent of the construction debris shall be diverted from landfill to the recycling plants. A security deposit in the amount equal to 5% of the project valuation will be collected prior to issuance the permit. Prior to final inspection, the applicant shall submit to the City of Tustin Public Works Department documents (i.e. receipt from vendor) showing actual weight or volume of each material of C&D diverted to the recycling center. For any questions or concerns, please contact the Public Works Department at (714) 573-3150. (1) 2.6 Prior to issuance of any permits, payment shall be made for all applicable fees, including but not limited to, the following: • Building and Planning Plan Check and Permit Fees • Orange County Fire Authority Fees USE RESTRICTIONS (***) 3.1 The use of the tenant space shall be limited to a spiritual center with a bookstore and services including childcare, classes, and sanctuary. Any modifications to the business operations or the site plan are subject to review and approval by the Community Development Director. (***) 3.2 The maximum number of clients and instructors within the facility shall be forty-eight (48) persons at one time based upon the available amount of parking in the center, at a ratio of one (1) parking space per three (3) persons. The property owner or business owner may submit a written request, with supporting documentation warranting an increase in the number of persons, to the Community Development Director for an administrative amendment to the Conditional Use Permit. (1) 3.3 The hours of operation for the spiritual center and bookstore may be from 9:00 a.m. to 9:00 p.m. daily. Any change to the hours of operation shall be Exhibit A Resolution No. 4092 Page 4 reviewed by the Community Development Department and may be approved if no adverse impacts are anticipated. (1) 3.4 All required exit doors and path shall remain open and unobstructed during business hours. (1) 3.5 The property shall be maintained in a safe, clean, and sanitary condition at all times. The applicant and the property owner shall be responsible for the daily maintenance and up-keep of the facility, including but not limited to, trash removal and maintenance of the facility. (1) 3.6 All activities shall be located entirely within the enclosed building. No congregation and/or loitering outside the building shall be permitted. (1) 3.7 If a noise or parking problem is observed by a representative of the City, the applicant shall submit a study prepared by a professional noise or traffic engineer and perform or install interim and permanent mitigation measures. (***) 3.6 Childcare services shall be held in conjunction with assembly uses and are provided for the sole use of parents attending services. Parents of the children shall remain on the premises at all times while their children are being cared for. A separate childcare business or nursery school shall be prohibited. ORANGE COUNTY FIRE AUTHORITY (1) 4.1 Prior to the issuance of a building permit the applicant shall submit plans for any modification or addition to any existing automatic fire sprinkler system in any structure to the Fire Chief for review and approval. Please contact the OCFA at (714) 573-6100 for additional information. (1) 4.2 Prior to the issuance of a building permit the applicant shall submit plans for any modification or addition to any existing fire alarm system in any structure to the Fire Chief for review and approval. Please contact the OCFA at (714) 573- 6100 for additional information. (1) 4.3 Prior to the issuance of a building permit the applicant shall submit architectural plans for review and approval of the Fire Chief if required per the "Orange County Fire Authority Plan Submittal Criteria Form". Please contact the OCFA at (714) 573-6100 for a copy of the Site/Architectural Notes to be placed on plans prior to submittal. FEES (2) 5.1 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 fifty dollars ($50.00) to Exhibit A Resolution No. 4092 Page 5 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.