Loading...
HomeMy WebLinkAboutPC RES 33351 RESOLUTION NO. 3335 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN APPROVING CONDITIONAL USE PERMIT 93-011, AUTHORIZING AN EXISTING MOTIVATIONAL SCHOOL TO OCCUPY THE ENTIRE OFFICE COMPLEX WITHIN THE PROFESSIONAL (PR) DISTRICT LOCATED AT 1451 IRVINE BOULEVARD, TUSTIN, CA. 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, Conditional Use Permit 93-011 was filed by Ms. Marie Murillo on behalf of the Church of Scientology to authorize an existing motivational school to occupy an entire office complex within the Professional (Pr) District pursuant to City Code Section 9231(d) and located at 1451 Irvine Boulevard, Tustin, California. That a public hearing was duly called, noticed and held for said application on February 13 1995 by the Planning Commission. C , That the establishment, maintenance, and operation of the motivational school (church) 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 neighborhood of such proposed use nor be a detriment to the property and improvements in the neighborhood of the subject property, nor to the general welfare of the City of Tustin as evidenced by the following= =indings: · The Church of Scientology has been located at the site since 1975, and no complaints regarding its operation are on record with the City of Tustin Police Department or the Orange County Sheriff. The use ms compatible with the surrounding existing commercial/office and institutional uses. The church use would not be expected to have any additional impacts in terms of traffic than would similar existing office developments. 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Resclution No. 3335 Pace 2 E . · As conditioned, any potential adverse impacts to the adjacent residential areas related to noise, land use, and transportation and circulation will be mitigated through conditions of approval. These conditions would require that church activities take place indoors and be limited to certain hours, that the number of attendants be limited, and that additional mitigation be imposed if determined to be necessary. · The Church of Scientology operates within an existing single story building that is in scale with the surrounding existing commercial and residential structures and is of a compatible architectural design with adjacent commercial structures. · The amount of provided parking should be sufficient to accommodate the use based on the infrequent use of the film room and chapel, and the thirteen parking spaces available on week nights and weekends at 1442 Irvine Boulevard. In addition, the on-site circulation and has been designed to reduce the potential for traffic conflicts by providing adequate drive aisle widths and maneuvering space. o Parking demand would be monitored periodically on an informal basis. In the event that the City is made aware of parking problems at the subject site and an updated parking demand analysis indicates that parking has become inadequate, the applicant will be required to implement additional mitigation measures approved by the Community Development and Public Works Departments within an established time schedule. A Negative Declaration has been prepared and certified for this project in accordance with provisions of the California Environmental Quality Act. 10 1! 12 13 14 15 16 17 18 19 2O 2i 22 2~ 24 25 26 27 2~ Resolution No. 3335 Page 3 II. The Planning Commission hereby approves Conditional Use Permit 93-011 authorizing an existing motivational school to occupy an entire office complex within the Professional (Pr) District pursuant to City Code Section 9231(d) and located at 1451 Irvine Boulevard, Tustin, California, subject to the conditions contained in Exhibit A, attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 13th day of February, 1995. Secretary ~hairman 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. 3335 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 13th day of February, 1995. Recording Secretary EXHIBIT A CONDITIONAL USE PERMIT 93-011 CONDITIONS OF APPROVAL RESOLUTION NO. 3335 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped February 13, 1995 on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development Department 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 to be consistent with 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 Conditional Use Permit approval shall become null and void unless all permits are issued and substantial construction is underway for the interior and parking lot improvements within twelve (12) months of the date of this Exhibit. Time extensions may be granted by the Planning Commission if a written request is received by the CommuniTy Development Department within thirty (30) days prior to expiration. (1) 1.4 Approval of Conditional Use Permit 93-011 is contingent upon the applicant/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 ~iabilities arising out of City's approval of the entitlement process for this project. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Exhibit A - Conditions of Approval Resolution No. 3335 Conditional Use Permit 93-011 Page 2 PLAN SUBMITTAL (3) 2.1 At building plan check submittal the following shall be provided: (3) A. Construction plans, structural calculations, a~d Title 24 energy calculations. Requirements of the Uniform Building Codes, State Handicap and Energy Requirements shall be complied with as approved by the Building Official. Additionally, a note on plans shall be included stating that no field changes shall be made without corrections submitted to and approved by the Building Official. (3) In order to renew action on all expired building permits, the permits shall be renewed and the permittee shall pay the new full permit fees. In addition, the applicant shall Obtain new permits for all work done without necessary permits. Per Uniferm Administrative Code Sec. 302, every such permit application shall: a · identify and describe the work to be covered by the permit for which application is made. b . Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work. C · Indicate the use or occupancy for which the proposed work is intended. d · Be accompanied by an as-built plan complete with details, diagrams, computations and specifications. The plans and specifications shall be drawn to scale upon substantial paper and of sufficient clarity. The plans shall show the existing and proposed work to be done. e · State the valuation of any addition, remodeling cr alteration to the existing building. f. Be signed by the applicant· Exhibit A - Conditions of Approval Resolution No. 3335 Conditional Use Permit 93-011 Page 3 SITE AND BUILDING CONDITIONS (4) 3.1 Ail parking stall markings shall be repainted. (4) 3.2 Ail damaged parking lot light fixtures shall be repaired. (6) 3.3 Ail parking lot landscape planters shall be planted with vegetation, consistent with the City's Landscape and Irrigation Guidelines, and maintained in a healthy condition free of weeds and dead plant material. (4) 3.4 Ail site alterations shall conform to the parking and landscaping criteria of the City of Tustin to the greatest extent possible which will be verified at plan check and inspected by the Community Development Department. USE RESTRICTIONS/OPERATIONS (1) 4.1 Ail requirements of the City's Noise Ordinance (Chapter 6 of the Muni'cipal Code) shall be met at all times, which, in part, requires noise levels not to exceed 60 dba at any time. *** 4.2 Ail activities directly related to the Church of Scientology at 14511rvine Boulevard shall take place on the subject property within the buildings. *** 4.3 Services, classes, and personal study shall be limited to the hours between 9-00 a.m. and 10:30 p.m., seven days a week. Hours of operation for the 15,000 square feet of office and administration uses shall not be restricted, as those uses are outright permitted in the Professional District. *** 4.4 Based on !!1 on-site parking spaces provided, the number of attendants including staff persons and office and administrative personnel present at any one time on the site shall be limited to 222 individuals. This number is derived from the City Code requirement of one (1) parking space for each two (2) students at maximum enrollment. This method of calculating recuired parking spaces is applied to professional, instructional, motivational and/or seminar schools in the Professional District when the number of students is intensive and would therefore require a greaser number os parking spaces than would the square footage method of one (!) parking space for each fifty (50) square feet of occupied area. If the number of provided parking spaces were increased and an amendment to the subject Conditional Use Permit and Variance were obtained, the maximum number of attendants may be increased accordingly. Exnioit A - Conditions of Approval Resolution No. 3335 Conditional Use Permit 93-011 Page 4 *** 4.5 If at any time in the future the City is made aware that a parking and/or traffic problem exists on the site at 1451 Irvine Boulevard or in the vicinity as a result of the Church use, the Community Development and Public Works Departments may require the applicant to submit an updated parking demand analysis and/or traffic study, at the applicant's sole cost within the time schedule stipulated by the City. If said study indicates that there is inadequate parking or a traffic problem, the applicant shall be required to provide additional mitigation measures to be reviewed and approved by the Community Development and Public Works Departments. Said mitigation may include, but not be limited to, the following: a o Establish alternate hours of operation. Conversion of assembly/classrooms to offices. Failure to adequately respond to such a.request and to implement mitigation measures within the time schedules established shall be grounds for initiation of revocation procedures for the Variance and Conditional Use Permit for the project. *** 4.6 Church members and other users of the facility shall be notified in writing that acceptable parking is available on-site and within a maximum of thirteen (13) spaces at 1442 Irvine Boulevard. Said notice shall be reviewed and approved by the Community Development Department. Said notice shall graphically .illustrate the subject parking lot at 1442 Irvine Boulevard and shall also indicate that no parking shall be located in the adjacent residential areas on Cameo Drive, Kenneth Drive, or Keith Place and that the City reserves the right to remove on-street parking on Irvine Boulevard and Redhili Avenue. *** 4.7 If the Church terminates its lease or reduces the amount of leased square footage at 1442 Irvine Boulevard, the Community Development Department may reauire the applicant to submit an updated parking demand analysis and/or traffic study at the applicant's sole cost. If said study indicates that there is inadequate parking or a traffic problem, the applicant shall be required to provide mitigation measures -o be reviewed and approved by the Planning Commission. Exhibit A - Condltions o~ Apprcva! Resolution No. 3335 Conditional Use Permit 93-011 Page 5 FEES (1) 5.1 Payment of all Building plan check and permit fees, including any applicable fees for work without permits, shall be made prior to the issuance of any building permits in accordance with the Tustin City Code. Payment will be required based upon those rates in effect at the time of payment and are subject to change. *** 5.2 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) pursuant to AB 3158, Chapter 1706, Statues of 1990, to enable the City to file the Notice of Determination required under Public Resources Code Section 21152 and 14 Cal. Code of Regulations 15075. If within such forty-eight (48) hour period that applicant has not delivered to the Community Development Department the above-noted check, the approval for the project granted herein shall be considered automatically null and void. In addition, should the Department of Fish and Game reject the Certificate of Fee Exemption filed with the Notice of Determination and require payment of fees, the applicant shall deliver to the Community Development Department, within forty-eight (48) hour of notification, a cashier's check payable to the COUNTY CLERK in the amount of $1,250 (one thousand, two hundred fifty dollars) pursuant to AB 3158, Chapter 1706, Statues of 1990. If this fee is imposed, the subject project shall not be operative, vested or final unless and until the fee is paid.