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HomeMy WebLinkAboutPC RES 34201 RESOLUTION NO. 3420 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 95-026, AUTHORIZING THE ESTABLISHMENT OF A CHURCH IN AN EXISTING BUILDING LOCATED AT 600 WEST SIXTH STREET. The Planning Commission of the City of Tustin does hereby resolve as follows' I · The Planning Commission finds and determines as follows: a. That a proper application for Conditional Use Permit 95-026 was filed by King's Way Church to request establishment of a church in an existing building at 600 W. Sixth Street, more specifically described as Assessor's Parcel No. 432-472-07. · That the proposed use is allowed within the Public & Institutional Zoning District, with the approval of a Conditional use Permit. C. De That a public hearing was duly called, noticed and held on said application on March 11, 1996 by the Planning Commission. That the e~tablishment, maintenance and operation of the use appiied for 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, as evidenced by the following findings: 1) The proposed use will not be detrimental to the surrounding properties in that the church can be accommodated'on the subject property with little or no exterior modifications required. 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 3420 Page 2 2) 3) '4) As conditioned, the use will not negatively affect surrounding property owners, or impact the availability of off-street parking in that the church will conduct congregational activities during non-peak hours and the peak parking demand generated by the proposed use is entirely satisfied by the on-site parking supply. The number of seats permitted at any time will be limited by the total number of parking spaces. As conditioned, the use is compatible with the surrounding neighborhood in that all activities will be conducted within the building. The proposed site improvements to the parking area, landscaping within the parking area, .building and fence repairs will eliminate a property maintenance violation and bring the property closer into conformance with the current development standards. This project has been determined to be Categorically Exempt (Class 3, new construction or conversion of small structures)' pursuant to the proVisions of Section 15303 of the' California Environmental Quality Act. II. The Planning Commission hereby approves Conditional Use Permit 95-026,. to authorize establishment of a church in an existing building, located at 600 W. Sixth Street, subject to the Conditions contained in Exhibit A, attached hereto. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 3420 Page 3 PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 11th day of March, 1996. BARBARA REY~ Recording Secretary v M~JORI E KA§A~,~K - · ,~ Chairperson STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, BARBARA REYES, the undersigned, hereby certify that I am the Recording Sgcretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3420 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the llth day-of March, 1996. · BARBARA REYE~ Recording Secretary EXHIBIT A CONDITIONAL USE PERMIT 95-026 CONDITIONS OF APPROVAL RESOLUTION NO. 3420 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped March 11, 1996, 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 plans during plan check if such modifications are to be 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 permits for the proposed project are issued within twelve (12) months of the date of this Exhibit and substantial construction is underway. Time extensions may be granted if a written request is received by the Community Development Department within t~irty (30) days prior to expiration. (1) 1.4 Approval of Conditional Use Permit 95-026 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 and defend, the city of Tustin harmless for all claims and liabilities arising out of City's approval of the entitlement process for this project. SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODE/S (4) DESIGN REVIEW *** EXCEPTIONS (5) RESPONSIBLE AGENCY REQUIREMENTS (6) LANDSCAPING GUIDELINES ( 7 ) PC / CC P'OLICY. Exhibit A Conditions of Approval Resolution No. 3420 Page 2 USE RESTRICTIONS (4) 2.1 The maximum number of seats in the main sanctuary combined with any adult education classes held concurrently shall be limited by the total number of parking spaces provided on site based upon the following ratio of simultaneous uses: Sanctuary: 1 parking space for every 3 seats Classrooms: (adults) 1 parking space for every 3 seats Office: 1 parking space for every 250 sq. ft. Based upon the approved site plan for the first phase of development, a total of 24 parking spaces could be accommodated on the site to permit a maximum of 72 seats. (4) 2.2 If a~ any time in the future the City is advised that a parking and/or traffic problem exists on the site or in the vicinity as a result of the church use, then the Director of Community Development may require the applicant to prepare a parking demand analysis and/or traffic study. If said study indicates that there is inadequate parking or a traffic problem, the applicant shall be required to provide mitigation measures to be reviewed and approved by the Planning Commission. Said mitigation may include, but are not limited to, the following: a. Establish alternate hours of operation. be Restrict the maximum number of seats and/or increase the number of services. Ce Secure off-site parking from adjacent property owners. (4) 2.3 Ail church activities shall be located entirely within the enclosed building. (1) 2.4 Ail graffiti shall be 'removed within 72 hours of a complaint being transmitted by the City to the property owner. Failure to maintain said structure and adjacent. facilities will be grounds for' City enforcement of its Property Maintenance Ordinance, including nuisance abatement procedures. Exhibit A Conditions of Approval Resolution No. 3420 Page 3 PLAN SUBMITTAL (1) 3.1 At building plan check, submit three (3) sets of construction and site improvement plans in'accordance with applicable Building Codes. Compliance with approved plans shall be inspected by the Community Development · Department during construction and prior to final inspection. (1) 3.2 The building shall comply in all respects with the Building Code, other related codes~ City Ordinances and state and federal laws and regulations. (1) 3.3 Mechanical ventilation shall be provided based on the number of occupants. (1) 3.4 The tenant space, parking spaces, entrances to the building, path of travel from the parking area to the building and sanitary facilities shall be accessible to persons with disabilities. (1) 3.5' Ail doors in the exit path from the church shall swing in the direction of travel and shall be quipped with panic hardware. · LANDSCAPING (1) 4.1 A landscaping plan shall be provided during building plan check to identify the specific types of plant materials and ~izes to be provided, consistent with the concept plans submitted as part of this approval, for review and approval by the Community Development. Department. (1) 4.2 Ail existing landscaped areas shall be maintained with landscaping that is in a healthy condition free of dead, decayed, overgrown or discarded plant material. The applicant shall provide adequate irrigation to the plant materials to satisfy this requirement, or additional replacement plants will be required to be installed. Exhibit A Conditions of Approval Resolution No. 3420 Page 4 FIRE AUTHORITY (5) 5.1 Prior to issuance of any building permits or Certificates of use and occupancy, development plans shall be reviewed and approved by the Fire Chief for compliance with all Fire Codes. (5) 5.2 At Building Plan Check, the following notes shall be provided on the site plan:' a . Fire Department Final Inspection is required.' Schedule inspection two(2) days in advance. The Fire Department telephone number is (714) 832-1011. b. Location and classifications of extinguishers to be determined by the Fire Inspector. Ce Exiting shall comply with all requirements stated in Uniform Building Code, Chapter 33. SIGNS (4) 6.1 Prior to construction and installation of any wall signs or modification to the existing monument sign, complete sign plans shall be submitted which address all proposed monument, wall, directfon and address signs, subject to the approval of the community Development Department. The sign plans shall include dimension, materials, colors and method of illumination for each proposed sign. New sign face on the monument sign shall be of a decorative design. The sign shall not exceed 6 feet in height and 32 square feet in size. FEES (1) 7.1 ~rior to issuance of any building permits, payment shall (5) be made of all applicable building plan check and permit fees. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. (1) 7.2 Within forty-eight (48) hours of approval of the subject (5) project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of $25.00 (twenty-five 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.