Loading...
HomeMy WebLinkAboutPC RES 4204RESOLUTION NO. 4204 [7111 A RESOLUTION OF THE PLANNING COMMISSION OF MS. THE CITY OF TUSTIN, RECOMMENDING THAT THE CITY COUNCIL APPROVE CONDITIONAL USE PERMIT 2012-08 AUTHORIZING CHURCH RELATED USES AT 13152, 13162, AND 13232 RED HILL AVENUE AND 1532, 1542, 1552, AND 1562 MELVIN WAY. The Planning Commission does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That a proper application for Conditional Use Permit 2012-08 was filed by Pastor Joel Kelly of Red Hill Lutheran Church requesting authorization for church related uses, including a church storage area, an assembly use (Peter's Parish) and parsonages at 13152, 13162, and 13232 Red Hill Avenue and 1532, 1542, 1552, and 1562 Melvin Way. B. That the Public/institutional General Plan land use designation provide for a variety of public and institutional 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 gg with the Air Quality Sub-element. C. That the applicant has requested approval of General Plan Amendment 2012-002 and Zone Change 2012-001 in conjunction with the application for Conditional Use Permit 2012-008. D. That a public hearing was duly called, noticed, and held for Conditional Use Permit 2012-08 on September 11, 2012, 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 property, or to the general welfare of the City of Tustin in that: 1) The proposed church related uses are authorized pursuant to Section 9245.b.(1) of the Tustin City Code with the approval of a General Plan Amendment 2012-002 and Zone Change 2012-001. rr 2) The proposal is consistent with the Public and Institutional (P & 1) zoning district standards in that church uses are subject to conditional use permit approval. The proposed parsonages and church storage area and assembly use (Peter's Parish) are appropriate under the General Plan Land Use Element Resolution No. 4204 Page 2 Public/Institutional designation in that the church and school function as quasi-public uses. 3) The proposed church related uses are consistent with other uses on the adjacent Red Hill Lutheran Church and School site and the adjacent single family residences. 4) As conditioned, Conditional Use Permit 2012-08 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. If the use is not operated in accordance with Conditional Use Permit 2012-08 or is found to be a nuisance or negative impacts are affecting the surrounding uses, the Community Development Director would have the authority to impose additional conditions to eliminate the nuisance or negative impacts or may initiate proceedings to revoke the Conditional Use Permit. 5) The implementation/application of the proposed conditions would ensure compatibility of the church related uses with the surrounding uses and the Tustin City Code. 6) The church storage area, assembly use (Peter's Parish) and proposed parsonages are ancillary to the Red Hill Lutheran Church and School and are not anticipated to result in parking impacts since there is an adequate number of parking spaces on the Red Hill No o Lutheran Church and School site to accommodate parking needs. 7) The proposed church related uses are under the ownership and management of the Red Hill Lutheran Church and School. The City will rely on the Red Hill Lutheran Church to fulfill the conditions of approval and comply with all Building/Safety Codes. F That this project has been determined to be exempt pursuant to California Environmental Quality Act (CEQA) Section 15061(b)(3) in that CEQA applies only to projects which have the potential for causing a significant effect on the environment. If adopted, the proposed General Plan Amendment, Zone Change, and Conditional Use Permit would ensure consistency between the General Plan and Zoning designations and would allow existing uses related to the Red Hill Lutheran Church. The proposed project has no possibility for significant effect on the environment; therefore, the project is not subject to CEQA. The Planning Commission hereby recommends that the City Council approve Conditional Use Permit 2012-08 authorizing church related uses at 13152, 13162, and 13232 Red Hill Avenue and 1532, 1542, 1552, and 1562 Melvin Way, subject to the conditions contained within Exhibit A attached hereto. Resolution No. 4204 Page 3 PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 11th day of September, 2012, I-"- -tTEVE*IkOZAK Chairperson ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN 1, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4204 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 11th day of September, 2012. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A RESOLUTION NO. 420• C 0 i G is E N K P L O ] 0 11] 11 L e j 0 S T O ] A U U 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped September 11, 2012, 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 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified, subject to review and approval by the Community Development Department. (1) 1.3 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) 1.4 Approval of Conditional Use Permit 2012-08 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 This condition shall serve as a precitation and to inform the responsible person(s) of the compliance requirements pursuant to the Tustin City Code (TCC) and/or other applicable codes, laws, and conditions. Failure to comply with the conditions of approval set forth herein shall result in the issuance of an administrative citation pursuant to TCC 1162(a). The City may also take further legal action including issuing the responsible person(s) a criminal citation and/or abating the violation(s) with the cost of such abatement and/or prosecution assessed against the responsible person(s), the property owner(s), and/or the property as a lien. SOURCE CODES (1) STANDARD CONDITION (6) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Exhibit A Resolution No. 4204 CUP 2012-08 Page 2 (1) 1.6 Conditional Use Permit 2012-08 may be reviewed as often as necessary, by the Community Development Director. The Community Development Director shall review the use to ascertain compliance with conditions of approval. If the use is not operated in accordance with Conditional Use Permit 2012-08, or is found to be a nuisance or negative impacts are affecting the neighborhood, the Community Development Director shall impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the Conditional Use Permit. (1) 1.7 If in the future the City's Community Development Director, Police Chief, and/or Public Works Department determine that a parking, traffic, or noise problem exists on the site or in the vicinity as a result of the facility, the Community Development Director, Police Chief, and/or Public Works Department may require that the applicant prepare a parking demand analysis, traffic study, or noise analysis and the applicant shall bear all associated costs. If said study indicates that there is inadequate parking or a traffic or noise problem, the applicant shall be required to provide mitigation measures to be reviewed and MIMS CIIJFIVVVU LJY L11V %_.U111111UHILY LJ"-VC1VP111%-_11L uCPdILIM-Vit, r-UIIL;C k-'111ul and/or Public Works Department. Said mitigation measures may include, but are not limited to, the following: (a) Adjust hours of operation. (b) Reduce and/or eliminate activities (c) Provide additional parking. (1) 1.8 As a condition of approval of Conditional Use Permit 2012-08, 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 the defense of any such action under this condition. Exhibit A Resolution No. 4204 CUP 2012-08 Page 3 (1) 1.9 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney's fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. (1) 2.1 All storage areas, including all sheds, shall be adequately screened from view, as approved by the Director of Community Development. The screening shall be maintained in good condition at all times. The applicant shall submit a plan to the Director depicting the location, dimensions, and materials of the proposed screening within thirty (30) days of the City Council's approval of Conditional Use Permit 2012-08, and shall install the screening within ninety (90) days of the Council's approval. (1) 2.2 No outdoor storage shall be permitted except within approved storage sheds, or as approved by the Director of Community Development. (1) 2.3 The use of the building at 1552 Melvin Way shall be limited to a residential parsonage or, subject to building permit approval, as an assembly use for church related activities only. If used for assembly purposes, permits shall be pulled, improvements completed, and occupancy certificates issued, prior to use for assembly purposes. (1) 2.4 The exterior front elevations and front yards of the properties at 13152, 13162, 13232 Red Hill Avenue and 1532, 1542, 1552, and 1562 Melvin Way shall resemble those of single family residences. (1) 2.5 The buildings at 13152, 13162, and 13232 Red Hill Avenue and 1532, 1542, and 1562 Melvin Way shall be used as single family residential parsonages for church members and/or church staff only. (1) 2.6 Subject to building permit approval, a maximum total of five (5) storage sheds may be authorized and may continue to be located on the properties at 13162 and 13232 Red Hill Avenue only. (1) 2.7 Any existing garage parking spaces used for church storage purposes shall be replaced by new parking spaces, as approved by the Director of Community Development. Prior to any conversion, a plan shall be submitted to the Director of Community Development for review and approval. Parking shall be limited to the church property and the frontages of the properties at 1532, 1542, 1552, and 1562 Melvin Way. Exhibit A Resolution No, 4204 CUP 2012-08 Page 4 BUILDING DIVISION (1) 3.1 The use change for the building located at 1552 Melvin Way will require a building permit and conformance to applicable building regulations. Evaluation of additions and alterations not permitted must be evaluated and corrected through the building permit process. At the time of building permit application, the plans shall comply with the latest edition of the codes (2010 building codes, 2011 Green Building Code), City Ordinances, State, Federal laws, and regulations as adopted by the City Council of the City of Tustin. PUBLIC WORKS (1,5) 4.1 Prior to issuance of a building permit, the applicant shall be required to provide an irrevocable offer to dedicate in fee title the right of way along Red Hill Avenue to its ultimate primary arterial width, including the corner cut-off at the southeast corner of Red Hill Avenue and Melvin Way, to be consistent with the Circulation Element of the Tustin General Plan. (1,5) 4.2 Prior to issuance of a Building Permit for 1552 Melvin Way, the applicant shall provide a written acknowledgement from the Transportation Corridor Agency (TCA) for the change of use (from residential to non-residential), and pay appropriate fees as necessary. (1,5) 4.3 Prior to the issuance of a Building Permit to 1552 Melvin Way, the applicant shall provide written acknowledgement from the Orange County Sanitation District for the change in use (from residential to non- residential), and pay appropriate fees as necessary. FEES (1,5) 5.1 Within (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 the 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.