Loading...
HomeMy WebLinkAboutPC RES 4175RESOLUTION NO. 4175 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 2011-08 AUTHORIZING THE ESTABLISHMENT AND OPERATION OF A PRIVATE CLUB/LODGE FOR THE TUSTIN MASONIC LODGE 241 WITHIN AN EXISTING BUILDING LOCATED AT 150 S. PROSPECT AVENUE The Planning Commission does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That a proper application, Conditional Use Permit 2011-08, was filed by the Tustin Masonic Lodge 241 requesting authorization to establish and operate a private club/lodge located within an existing building at 150 S. Prospect Avenue. B. That the Central Commercial Combining Parking (C-2 P) zoning district, Cultural Resources Overlay district, and Old Town Commercial General Plan land use designation 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 clubs and social halls are listed as a conditionally permitted use within the Central Commercial (C-1) zoning district pursuant to Section 9232b9 of the Tustin City Code (TCC). The subject property is located within the Central Commercial (C-2) zoning district where pursuant to Section 9233c1 of the TCC, all conditionally permitted uses in the C-1 district are also conditionally permitted in the C-2 district D. That a public hearing was duly called, noticed, and held for said application on June 14, 2011, by the Planning Commission. F. 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 property, or to the general welfare of the City of Tustin in that: The proposed use is a private club which promotes charitable events and philanthropic causes. The organization has been existing within the City of Tustin for approximately 40 years and within the Orange County region for over 135 years. 2. The proposed use is not anticipated to result in parking impacts since facility would be limited to fifty-four (54) seats based upon Resolution No. 4175 Page 2 the available eighteen (18) on-site parking stalls using the ratio of one (1) parking space for every three (3) fixed seats, which is the ratio used for meeting halls and membership organizations throughout the City. 3. No noise impacts are anticipated as all activities would occur within the building. G. 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 2011-OS authorizing the establishment and operation of a private club/lodge for the Tustin Masonic Lodge 241 within an existing building located at 150 S. Prospect Avenue. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 14t~ day of June, 2011. LIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) J .TH PSO Chairperson I, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4175 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 14t" day of June, 2011. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A RESOLUTION N0.4175 CONDITIONAL USE PERMIT 2011-08 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped June 14, 2011, 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 and the on-site and off-site improvements required as conditions of approval are completed 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 2011-08 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 issuance of an Administrative Citation pursuant to Tustin City Code Section 1162(a). (1) 1.6 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. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) CALIFORNIA BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW ~** EXCEPTION Exhibit A Resolution No. 4175 Page 2 (1) 1.7 As a condition of approval of Conditional Use Permit 2011-08, 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) 1.8 Conditional Use Permit 2011-08 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. If the use is not operated in accordance with conditions of approval included in this Exhibit, or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the Community Development Director may impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the Conditional Use Permit. USE RESTRICTIONS (1) 2.1 No outdoor storage shall be permitted except as approved by the Tustin Community Development Director. (1) 2.2 The existing parking lot shall be re-striped and slurry coated in accordance with the City of Tustin Parking Ordinance including required landscaping. (1) 2.3 All landscaping shall be installed prior to issuance of a Certificate of Occupancy or final inspection and shall be maintained in good condition at all times. (1) 2.4 A Certificate of Appropriateness shall be approved prior to the issuance of permits for any exterior improvements. (1) 2.5 The number of fixed seats shall be limited to the provided parking on-site at a ratio of one (1) parking stall for each three (3) fixed seats. Based upon the proposed eighteen (18) parking spaces, a maximum of fifty-four (54) fixed seats may be provided. Based upon maximum seating of fifty-four (54) fixed seats, occupancy for the building shall be limited to fifty-four (54) persons at any given time. (1) 2.6 All lighting within the parking area shall be developed to provide a minimum of one (1) foot-candle of light coverage, in accordance with the City's Security Ordinance. A note shall be provided on the plans that "All parking areas shall be illuminated with a minimum of one (1)foot-candle of light, and lighting shall Exhibit A Resolution No. 4175 Page 3 not produce light, glare, or have a negative impact on adjacent properties." At plan check, provide details of all proposed lighting fixtures and a photometric study showing the location and anticipated pattern of light distribution of all proposed fixtures. All new light fixtures shall be consistent with the architecture of the building and all exterior lighting shall be designed and arranged as not to direct light or glare onto adjacent properties, including the adjacent streets. Wall-mounted fixtures shall be directed at a 90-degree angle directly toward the ground. BUILDING DIVISION (1) 3.1 At the time of building permit application, the plans shall comply with the 2010 Edition State and the City of Tustin adopted codes: California Building Code, California Electrical Code, California Plumbing Code, City Ordinances, and State and Federal laws and regulations. (3) 3.2 The structure shall be analyzed to show that it is in substantial Standards Code. by a licensed or registered design professional compliance with the 2010 California Building (3) 3.3 Any change from the intended use as a private club/lodge with an occupancy not to exceed fifty-four (54) persons at any given time may require substantial alteration to comply with the prevailing Building Code at the time of change PUBLIC WORKS DEPARTMENT (1) 4.1 All trash enclosures shall utilize the City of Tustin Community Development Department's Trash Enclosure Standard to accommodate at least two (2) four (4) yard bins trash enclosure on the property, with at least one (1) bin reserved for recyclable materials. (1) 4.2 Prior to issuance of a Building Permit, the applicant shall provide written approval from the Orange County Sanitation District (OCSD) for change in use. ORANGE COUNTY FIRE AUTHORITY (5) 5.1 Architectural Building Plans Service Codes: PR200-285 (New Construction Architectural Review) Prior to the issuance of a building permit, the applicant shall submit architectural plans for the review and approval of the Fire Chief as required per the "Orange County Fire Authority Plan Submittal Criteria Form." Exhibit A Resolution No. 4175 Page 4 FEES (1) 6.1 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 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.