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HomeMy WebLinkAboutPC RES 338310 11 12 13 14 15 16 17 18 19 2O 21 22 22 24 25 26 27 28 RESOLUTION NO. 3383 A RESOLUTION OF THE PLANNING COMMISSION OF CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 95-001 AND VARIANCE 95-008, AUTHORIZING A CHURCH IN AN EXISTING INDUSTRIAL BUILDING, AND A VARIANCE TO PERMIT SHARED PARKING WITH AN INDUSTRIAL CO-TENANT OF THE BUILDING AT 14272 CHAMBERS ROAD. The Planning Commission does hereby resolve as follows: Th'e--Pi~nning---Commi'ssTo~---fi~dS"--an-d ..... d'e-t~'rm-in-es as--- follows' Ae That a proper application for Conditional Use Permit 95-001 and Variance 95-008 was filed by First Korean Baptist Church of Tustin to request establishment of a church in an existing industrial building, and a Variance to permit shared parking with an industrial co-tenant of said building at 14272 Chambers Road, more specifically described as Assessor's Parcel No. 432-472-07. B. That the proposed use is allowed within the Planned Community-Industrial District, with the approval of a Conditional Use Permit. C o That a public hearing was duly called, noticed and held on said application on August 28, 1995 by the Planning Commission. Do That the establishment, maintenance and opera~ion of the use applied 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 neJghborhood of such proposed use, nor be injurious or desrimental 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 findincs' . The proposed use is in substantial conformance with the Guidelines established by the Planning Commission to ensure compatibility of the church use in the industrial complex. 4 10 11 12 13 14 15 16 _17 .¸8 19 2O 21 22 23 2~ 25 26 27 28 Resolution No. 3383 Page 2 The proposed use 'will not negatively affect surrounding property owners, or impact the availability of off-street parking to serve in that the church will conduct congregational activities during the hours that other businesses will be closed and the peak parking demand generated by the proposed use is entirely satisfied by the on-site parking supply. . The distance separation of approximately 'l'l~'O-~t'-RS--~g-6~-d-~h-~--th-~'-street frontage between the proposed church and the previously approved churches in the Irvine Industrial Complex, and the relatively small size of the proposed church are adequate to ensure that traffic circulation conflicts or significant increases in the number of vehicle trips will not occur as a result of the establishment of the proposed use. E o That granting of a Variance to permit the shared use of the available 54 on-site parking spaces among the two tenants of the subject property, although the Tustin City Code would require 86 on-site parking spaces to serve each of the two uses separately, can be supported by the following findings: There are special circumstances Dpp!icable to the shape, size, location~ ~opoqraphv or surroundings such that the strict application of the zoninq ordinance deprives the Droperty of privileoes enjoyed by other proDertv in the vicinity and under the identical zoninc classification - There are special circumstances applicable to the location of the proposed use in that the hours of operation of the two uses on the subject property do not coincide. Therefore, if adequate on-site parking is provided for the user with the greater parking requirement, adequate on-site parking will be available for the user with the lesser parking requirement. The Planned Community District Regulations require 40 on-site parking spaces to be provided for the industrial tenant, which exceeds the amount required for the church tenant, 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28~' Resolution No. 3383 Page 3 which is individually required to provide 46 spaces. A total of 54 parking spaces is provided on the subject property, which is adequate to serve the two uses entirely on-site. The strict application of the parking requirements would require the subject property to provide 86 parking spaces, of which 40 would not likely be utilized, thus depriving a large portion of the property of more productive use of the land. . Grantinq of the Variance will not constitute a special privileqe inconsistent with the limitations upon other properties in the vicinity and zoninq district in which the subject property is situated - Ail developed industrial properties in the City of Tustin are required to provide adequate off-street parking to meet their on-site parking needs. A parking study was submitted to the City which determined that adequate on-site parking was provided on the subject property to adequately serve the aggregate parking demand generated by the two uses. Therefore, no special privilege will be granted as a result of approving this Variance request. F. A Negative Declaration has been prepared and certified for this project in accordance with the provisions of the California Environmental Quality Act. S o 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. 4 10 11 12 13 16I' ..... i 7 8 19 2O 21 22 23 24 25 26 27 25~ Resolution No. 3383 Page 4 II. The Planning Commission hereby approves Conditional Use Permit 95-001 and Variance 95-008 to authorize establishment of a church in an existing industrial building, and a Variance to permit shared parking with an industrial co-tenant of said building at 14272 Chambers Road, subject to the Condition's contained in Exhibit A, attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of--Tust~n'~ on the 28th day of August, 1995. Recording Secretary Cha ir~erson ' . STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, BARBARA REYES, the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission of the City of Tustin, California; that Resolution No'. 3383 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 28~h day of August, 1995. Recording Secretary 10 11 12 13 EXHIBIT A CONDITIONAL USE PERMIT 95-001 AND VARIANCE 95-008 CONDITIONS OF APPROVAL RESOLUTION NO. 3383 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped August 28, 1995, on file with the Community Development Department, except as herein modified, or as modified by the Director .... oT-commun'i~y-Dev~0p~t-i-n'-~bfd~'c~-'~'th'i'~-E~'~ib-i'f. 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 e>:tensions may be granted if a written request is received by the Community Development Department %.;ithin thirty (30) days prior to e>:piration. 17 18 19 20 21 22 23 2~ 25 26 27 25 (1) 1.4 Approval of Conditional Use Permit 95-001 and Variance 95-008 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) UNIFOR3~ BUILDING CODE/S (4) DESIGN REVIEW *** EXCEPTIONS (5) RESPONSIBLE AGENCY REQUIREMENTS (6) LANDSCAPING GUIDELINES (7) PC/CC POLICY E>:hibit A Resolution No. 3383 Page 2 PLAN SUBMITTAL (1) 2.1 At building plan check, submit three (3) sets of construction and site improvement plans in accordance with applicable Building and Fire Codes. Compliance with approved plans shall be inspected by the Community Development Department during construction and prior to final inspection. (/-)----2;'2---~he--"buil~i~g--sh'a'll ..... ~ompl-~"-ih'--611 ..... ~%-~p~-dts ~h ...... qh'~ ...................... Building Code, other related codes, City Ordinances, and State and Federal Laws and regulations. (3) 2.3 Mechanical ventilation shall be provided based on the number of occupants. (3) 2.4 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. (3) 2.5 All corridors serving the e>:it path from the church shall be one-hour fire-rated construction. (3) 2.6 Ail doors in the exit path from the church shall swing in the direction of travel and shall be equipped with panic hardware. (3) 2.7 Provide two (2) accessible parking spaces, including one (1) van accessible space %.:ith an 8-foot wide loading .space. The accessible spaces shall be located as near as practical to the primary entrance of the building in a manner that does not require the disabled person to travel behind parked vehicles other than their own. This modification will require the reduction in provided parking from 55 to 54 spaces, which is in compliance with the parking required pursuant to the approved parking study. PUBLIC WORKS (1) 3.1 Construction of a minimum five (5) foot wide utility clear side%:alk along the Chambers Road frontage shall be required. A separate 24" >: 36" street improvement plan shall be submitted to the Engineering Division showing this construction along with any other proposed construction within the public right-of-way. This plan shall be prepared by a California Registered Civil Engineer. Exhibit A Resolution No. 3383 Page 3 In lieu of constructing the public sidewalk along the Chambers Road [rontage at this time, the property owner may elect to execute an agreement to construct sidewalks at a later date or participate in the creation of an Assessment District for the installation of sidewalks in industrial areas should such a District be created in accordance with City Council policy direction. The form and content of said agreement shall be subject to the approval the Public Works Department and City Attorney. FIRE AUTHORITY (5) 4.1 Water improvement plans shall be submitted to and approved by the Fire Chief to en~ure adequate fire protection and financial security is posted for the installation. The water system design, location of valves, and the distribution of the fire hydrants will be evaluated and approved by the Fire Chief. Show all fire hydrants within 300 feet of the structure. (5) 4.2 Submit to the Fire Chief evidence of the on-site fire hydrant system indicating public or private. (5) 4.3 Prior to the issuance of any certificates of use and occupancy, ail fire hydrants shall have a "Blue Reflective Pavemen~ Marker" indicating its location on the street or drive per the Orange County Fire Department Standard. On private property these markers are to be maintained in good condition by the property o',..'ner. (5) 4.4 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 (714) 832-10~1. b o Location and classifications of extinguisher. ~o be determined by the fire inspector. C · Exiting shall comply %..,ith all requirements stated in Uniform Buildhng Code, Chapter 33. SIGNS Should the church desire any wal! signs or identificasion on the existing monument sign, complete sign plans shall be submitted %:hich address all proposed monument, wall, directional, and address signs. 'The sign plans shall Exhibit A Resolution No. 3383 Page 4 include dimensions, materials, colors, and method of illumination for each proposed sign. 5.2 Pursuant to the City's Sign Code and the Irvine Industrial Complex Regulations, the Church would be entitled to the following: a · One five (5) square foot maximum wall sign with letters not to exceed six (6) inches in height; or b-: ....... I d e n~'i'f T c~' i-o n'- bh'--t]J'e--e-~[i's t'i n g' -'-~ o-n-~-~ fi'~--s-i~ n. C· Two four (4) square foot on-premises directional signs for the church which are located on or next to the building (wall or freestanding). A total of two six (6) square foot on-premises directional signs at the property entrances would also be permitted for the property. USE RESTRICTIONS (2) 6.1 (7) Authorized activities and hours of operation shall be limited to the following, except that the pastor is permitted to maintain office hours without restriction to days or times: Sunday Main worship - 11-00 a.m. to 1'30 p.m. Bible Study - 2'00 p.m. to 4-00 p.m. Wednesday Evening worship - 7-00 p.m. to 9'00 p.m. Friday Prayer meeting - 8'30 p.m. to 10'00 p.m. (2) 6.2 The granting of this Conditional Use Permit and Variance is contingent upon the stated hours of operation, of both the church and industrial tenants, submitted for the preparation of the parking study entitled First Korean Baptist Church ParkJnq./Traffic Analysis (Revised)~ July 5, !995 by Robert Kahn, John Kain & Associates, Inc. Specifically= , hours for church activities are as stated in Condition 6.1 above, and hours for the industrial co- tenant are stated to be 7-00 a.m. to 3'00 p.m., Monday through Friday. Any deviation from these hours shall require a revised parking stud}, 5o be submitted by the applicant ~o the City for approval. The applicant is defined as the person or persons representing the church use authorized under this Conditional Use Permit and variance. Exhibit A Resolution No. 3383 Page 5 (7) 6.3 The maximum number of seats in the main sanctuary shall not exceed 138. (7) 6.4 If at any time in the .future an on-site or neighboring tenant or customer advises the City that a parking and/or traffic problem exists on the site or in the vicinity as a result of the church use, or if any of the permitted uses of the district need the uses of their required parking at times that the church is operating and using the parking, then the Director of Community Development 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 the following: a. Establish alternate hours of operation. b . Restrict the ma>~imum number of seats and/or increase the number of services. C · Secure off-site parking from adjacent property owners through approval of a revised Variance. (7) ~.5 All church activities shall be located entirely within the enclosed building. (7) 6.6 Ail regulations of the Uniform Building Code and the Fire Department regarding assembly occupancy classification, fire rating and e>:i%ing standards shall be met. (7) 6.7 No schools, including Sunday school type activities while the church is in operation, shall be permitted. 6.8 Ail existing landscaped areas shall be maintained with landscaping that is in a healthy condition free of dead, decayed, overgro%..'n or discarded plant material. (1) 6.9 Ail graffiti shall be removed within 72 hours of a complaint being transmitted by the City to the property owner. Failure %o maintain said structure and adjacent facilities %'il! be grounds for City enforcement of its Property Maintenance Ordinance, including nuisance abatement procedures. Exhibit A Resolution No. 3383 Page 6 FEES (1) 7.1 Prior to issuance of any building permits, payment shall (5) be made of all applicable fees, including but not limited to the following. Payment shall be required based upoq those rates in effect at the time of payment and are subject to change. A. Building plan check and permit fees to the Community Development Department based on the most .............. --current-'-schedu'le. (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 appl.icant 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.