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Home My WebLink About02 CUP 2012-19, St. Paul Coptic ChurchT` AGENDA Jc G� �� NIEE T o'MG DA T E; FEBRUARY 12, 2013 TO: PLAj' \]NhNIG COMNIISSIO N FROM: CO'NI UNITY DEVELOPMENT DEPMR T MENIT ITEM # 2 SUB J EC T; CONDITIONAL USE PERT ✓W 2012-19, A REQUEST TO ESTABLISH Cj IUV CH USE tiJNII T IN AN EXIS V hMG INDUSTRIAL OFFICE SPACE F�GILJC -R\ 9TH FR, KYRILLOS IBRAHIM ST. PAUL AiME,RICAN COPTIC ORTHODOX CHURCH DIOCESE OF LOS ANGELES, SOUTHERN CALIFORNIA AND H i%9 11 3002 DO� /'\9 A�/JENUE, SUITE 140 TUSTIN, CA 92780 01P QTY lc-),AlAJjN E LBEA REALTY FUND 00 e �VAJBP, LLC LBA REALTY 77901 VON RNd]A\J, SUITE 950 I RWI N E, CA 92514 LLB ATO1C)�M- 3002 ` iAl, AVENUE, SUITE 140 Z"DMIC1?. PUl\N NED COINWUNITY INDUSTRIAL (PC P,113) MYI-7'FZ`0c, N M E i j\\]7AL THIS PROJECT IS CATEGORICALLY EXEMP II PUR:S! ANN T TO THE CALIFORNIA ENVIRONNIEN TAL QUALITY ACT (CEQA) SECTION 15301, CLASS I IE UIE 5To A REQUEST TO ESTABLISH A CHURCH USE A✓'VOTHIN AN XISTING 4,8408 SQUARE -FOOT OFFICE SPACE LOCATED V, 7IT�IIN AN INDUSTRIAL OFFICE CON ✓IPLE2� PC Report IFebruery 12, 2013 CUP 2012-19 Page 2 3002 Dow Ave., Suite 14 3c F 1, E C Z0 Pj1 i �j� 1,E ND 7M, N- That the 'P9annincg Dommjssion adopt Resclution No. 4216, appro,,&g the es'�abfishment of a church use ?vithin an e,,istincg 4,8408 square -foot o'11'ice space located at 3002 Omni Avenue, Suite 140. APPROVAL AUTHORITY: Pursuant to Planning Dornm ssion Pesolutic,n No. 3591, religious facllKjes are cond9 t� cnally permitted In 'the Planned Community Industrial (PC IND) Zoning District. Pursuant to Tustin Mih'f Code Sec 'iion 9291c, the Plannina Do mission bias 'lhe authority to approve condit oral use perry Ks. ,C�.KDRDL1 \1D project site and Sunro��,ndin�; 'Uses The property is located �,Mthh n the planned Community lndustr al (PD D0) Zoning District arc] subject to the lry ne lndustdal Complex Planned Community Dstdct regUat ons. The General Plan designa� ion is Planned Community Comrnercial Business, �jlvhich allOAJAIs for light industrial and professional office uses. The project site is located in an existing industrial office compleN developed Mth apprc iMat,81y 195,000 square feet of tenant space and approximately 640 parkdng spaces. PC Deport February 12, 2013 CUP 2012 -19 Page 3 KQ F6m The surround ng erann7s inGkjde are srltirironmental serAce consuHlirg firm to the south and a surgicai devr cs company .lc the ncrsh. Other tenants ljv�'Hn the center include rc itects, cquipmnsnt manufacturers, a pr�n'ter company, and a sciis laboratonj, proposal The app9icant is proposing to modify the eAsUng 4,848 square -foot vacant senanl space to inc de a sanctuary, office, classrooms /rneeNng rooms, and bock store as shoajlm in, he proposed floor plan, PC Report Fobru @Rj 12, 2013 CUP 2012 -19 Page, 4 The appfuoanl jnd oa'tos Mat church actiAtios vvoUd generate approAmately 58 attendants, at mo &L The ohLiroh aotkj °ty schedule includes a variety of group me-M gs, Sunday school, prayer meetings, and �jAjorshuo sorAce. Accordl ng to the appll cant, some atteandanits tiJA]ould parkipato in ul't ple ao'JAIi -as durung and guvor vjsR to the church. The proposed chiuroh use, ,jAiculd 000upy the tenant space as fobijais, 11ao TL2a -- I s��9a TOO Altar_ 441 Storwe�w_�_ 120 At.T 4 d _�___._ _ 219 C � 00000 00000 00000 99900 Qg OININ HALL q 90099 99999 (799 00000 C?' SANCTUARY I 00000 00000 99999 99999 IQ QQ L& j` / Bunchy Schad ll - (194 sG.L)3unday asVtssl yl'J2 sq.� ' Li 'a NETJ SOO;< STORE OMce Ls�ty (219 aq.L) �I Sunday sdW 08850.) L __ �' .,ate._ ._ -.- _J The appfuoanl jnd oa'tos Mat church actiAtios vvoUd generate approAmately 58 attendants, at mo &L The ohLiroh aotkj °ty schedule includes a variety of group me-M gs, Sunday school, prayer meetings, and �jAjorshuo sorAce. Accordl ng to the appll cant, some atteandanits tiJA]ould parkipato in ul't ple ao'JAIi -as durung and guvor vjsR to the church. The proposed chiuroh use, ,jAiculd 000upy the tenant space as fobijais, 11ao TL2a -- Size ware faO Altar_ 441 Storwe�w_�_ 120 Office _�___._ _ 219 "PC Report February 12, 2013 CUP 2012 -10 'age 5 Sunday School — 544 Dining Hall 799 _Storage — 441 Bookstore 309 Lobby 220 Hallways, Restrooms 360 Total 4,848 Business rllou, -s The proposed church aCtiVitiee are primarily scheduled during the AjAjeekend or in the ovening hours vihen surrounding businesses 1jAjouid typically be closed. The applicant has proposed the folloNjAiing business hears and activities: DO my /, cUv y (approm a7tsndann -q) 7omgq Sunday Divine Liturgy (50) 7:45 AM — 11:00 AM Fellowship /Breakfast 12:00 PM — 2:00 PM Youth Meeting (15) _ __ 12:00 PM —12:30 PM Monde .._.__..._._Office . ...., .. ..... K a— n�es (3 hrs. __.._...... _........ Tuesday. Office - _._._._._._._ ............... .........__.._...._..._._..._._ ......... ..............__ Varies Wednesday Divine Liturg.Y (1®)_............_____.._ 8 :00 AM_ 10:30 AM ..._Thursday _-_._... ._. ..............._.__....___.. _ Office._... —. _ .. ............................... .............._.._.._._.._.. _- _- _- .__._.---- ._............_ Varies... C3.._ hrs..) ...... ......... ... ..... ..... .................. Friday Divine Liturgy (10) 8:00 AM — 10:30 AM Young Professionals Meeting (20) 7:30 J M — 9:00 PM College Meeting (Ali. weeks) ........... ....... ......................... ....... ..._._.......... ................. Midnight Praise 15 .... ...... ..... ......... 7:00 PM --- 8:00 PM Saturday .................. .............._(............)..........................................._.._ .............................. .................... Servants' Meeting (15) ............ .._........_...................................................... ........ ........... ............ . 5:00 PM — 6:00 IPM Deacons' & Deaconess' Meeting (15) 5:00 PM — 6:00 IPM Hymns (20) 6:00 G M — 6:45 PM Church School (18) 6:45 RA — 7:30 RA 11 oung Family Meeting (15 -20) 6:45 PNI — 7:30 P' M Coptic Lessons Bible Study (20) 6:45 GSM — 7:30 RA Vespers (25) 7:45 PM -- 9:00 'RINI Midnight Praise 15) 0:00 PNI — 11:00 RA AS proposed, weekend Serjicas ljA9euJd generate she most a2endance, bringing approAmately flfly -ei hl� (53) persons 'i:0 the church aI any given time, On Ajnleekdays, during normal :businesses hours, dayi me church activities are scheduled only on V\]edn-z sday and Friday, 'From 8 :00 a.m. to 10 :30 a.m., vvith an anticipated attendance of ten (u G' ) individuals der these activities. Policy Guidefines for Churches 6r, Onckistrjai D6S; rjc{s Rescluikn No. 3591, adepte -d by Hine IFIlanning Commission in 1228, identifies criteria for establishing churches in lndustrial DiS'sTictS 23 1e1101NS: 1. jV✓inimum distance of 1,200 feel betvjesen the proposed church use and eAsling churches, public and private schools, and hospitals. Pc Report FebrLlEry 12, 2013 CUP 2312 -19 Pag0 s 2. V �eqLllred parl`dng of one (1) space per three (3) seats. & Parking spaces I'M be located on—site or on a contiguous site. 4. if of -site sparking is proposed, `(hero must be a direct pedestrian corridor or sidewalk to the church site. 5. The proposed site is adequate in size, location and configuration for the proposed use. 6. jNlo hazardous material in the area. 7. Xthough stand- alone site is desirable -for church uses, establishing a church in multi- tanant sites may be permitted. The proposed project corgi pI es with those criteria as follo-v�js; 1. The nearest church, school, or hospital is the Darul V alah religious facility at 14712 Ben'dey Circle and is located approximately 1,550 feet from the project site. 2. The project site is allocated ninsteen (19) parking spaces and the use shall be condiJoned to have a maximum of ti ty -se ✓erg (57) persons at any given time, based on the barking ratio of one (1) parking space for every three (3) persons. 3. The parting spaces are located on the same parcel as the ,proposed church. 4. No off -site parking is proposed. 5. As conditioned and designed, the project slue is adequate in size, location and corfiguratbn in that the use will be limited to fifty - seven (57 ) personas at any given time and the °tenan °t suite is located a lame indUsfrial office complex. S. li he ,project site is located in a large multi - tenant industrial office complex with a mix of light indus °trial, oftice, and instrucficnal uses. 7. The proposed church use is located is a large multi - tenant induslrial office complex and po°ten1lial conflicts between the church uss and other teraants is not anticipated based on the conditions to be imposed and `that most of the church activities are scheduled after normal business hours and daring the weekend. In accordance with the parking requa rernents for assambly /church uses and Resolution Flo. 3519, one (1) parking space per three (3) seats is required. Given the nineteen (`u 9) parking spaces allocated to the project site, the proposed use would be conditioned �to PC Report February 12, 2013 Cup 2012 -19 Page 7 have a maximum of lofty —seven 157) persons at and given time. The applicant has been informed of this condition and is accepting of it. This project is categorically eXempt from further environmental revLmju pursuant to the California IEntirironmental Quality Act (CEQA) Section 15301, Class 1, "EAsting G=acil°otiss." FEND HM QS� In determining �jljhether to approve the Conditional Use Permit for the projoa, the Planning Commission must determine � /Ajhsthsr or not the proposed use �jv1l be detrimentai to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood, nor be injurious or dietrimental °to the property and improvements in the neighborhood of the subject property, or to the general �jvalfam of the City of Tustin. A decision to approve this request may be supported by the follml�ling findings; I The proposed use is authorized by Planning Commission Resolution No. 3597 �jvith the approval of a conditional use permit. 2) The proposed use complies %pith Fllanning 'Commission Resolution No. 359 (policy guidelines for churches in Industrial Districts ) including the distance separation bebiAisen other churches, schools, and hospitals. The proposed church facility is located approximately 1,550 feet from the nearest existing church use and meets the minimum separation d°ostancs of 1,200 °feet stipulated in Manning Commission Resolution fro. 3591. 3) As conditioned, the number of participants, types of acVvities and hours of operation would be oornpaVble �jAjith the neighboring light industrial, office, and warehouse apses, and the applicant Would be :required to notify the City of any changes to the use of the facil°oty. 4) The proposed use, as conditioned), Nj/ /\9ould not result in any parking impacts because the maximum number of seats and/or persons �iill be limited to fifty- seven (57) at any given time based] upon the parIing ratio of one (1) pa'TNng space per e ery three (3 seats and the nineteen �1 g parking spaces allo:'(ted to °the tenant space. 5) The proposed use AjAmuld not have any aesthetic impacts to the area since no exterior modifications are proposed. 6) The City's Public ViVorks Department, Police Department and Bufding Div lion, and the Orange County Fire Authority have revs e�, jed and support, the development of the proposed) project, as conditioned. PC Report February 12, 2013 CUP 2012 -19 Page 8 "EdWeifnne V. Huffer Associate Planner Attachments: A. Location Map B. Land Use Fact Sheet C. Submitted Plans D. Resolution No. 4216 Elizabeth A. Binsack Director of Community Development L ATION WflAp L�CD !A-f[ 10 J ] C i]�7LF ? >!UJTD 1271? 1 � � s 4 r 1 2. LOCATION: 3002 Dow Ave, Suite 140. 3.LOT:01 BLOCK: —TRACT: 8451 5. PREVIOUS OR CONCURRENT APPLICATION RELATING TO THIS PROPERTY: N/A NORTH.- SOUTH: EAST: WEST: NORTH: Planned Community Industrial (PC IND) SOUTH: Planned Community Industrial (PC IND) EAST: N/A (CitV of Irvine jurisdiction) WEST: Planned Community Industrial (PC IND) & SURROUNDING GENERAL PLAN DESIGNATION: NORTH: Planned Community Commercial/Business SOUTH: Planned Community Commercial/Business EAST: N/A (CitV of Irvine jurisdiction) WEST: Planned Community Commercial/Business Q. SITE LAND USE: EXISTING PROPOSED Use: Church Use Zoning: Planned Community Industrial No Change General Plan: Planned Community Commercial/Business No Change DEVELOPMENT FACTS: 10. LOT AREA: 11� BUILDING LOT COVERAGE 12. SITE LANDSCAPING: 13 OPEN SPACE: 14. PARKING: 15� BUILDING HEIGHT: 16. BUILDING SETBACKS: REQUIRED FRONT 30 feet SIDE 10 feet REAR EXISTING PROPOSED 50% MAX. PERMITTED N/A N/A REQUIRED N/A N/A REQUIRED N/A 1 : 3 seats; 19 spaces allocated No Change Federal Aviation Agency standards N/A REQUIRED 30 feet N/A 10 feet N/A D feet N/A 17. OTHER UNIQUE CONDITIONS ASSOCIATED TO THE PROPERTY (iE. SPECIAL STUDY ZONES, EASEMENTS, ETCj N/A FAICTROWU _► N LI-4 4� (JI T �2 Q ;> 0 n Sm GVOIJ 1.3 -1 C CD U (I C') c t t D (D 0 --,) L) CD F CD' C, ll CD CD C) u u u C) ci V) L) U U U C) U ri u F) C) 0 U (L) o 1 Allv7=\ -1 c J ((CC c -pl), N I',) R -u Cf) � (.n -f) :Z CD -0 0 U) C, -D CD ZD 73 C) f (- D CD CD I-0 CD CD -CD -12, 11 n C) C) CP c 1.3 -1 MEMO January 14, 2013 ) City of Tustin 300 Centennial Way Tustin, CA 92780 RE: CUP 2012-19, St, Paul Coptic Church At 33002 Dow Business Center-Tustin, California Dear Edmelynne V. flutter, Gorgy Engineering Inc. is pleased to submit this Business Plan for the proposed Church located at 3002 Dow Business Center-Tustin, California. The purpose of this analysis is to outline the frequency of various service activities and other functions at the church building. The Business Plan will also identify the City's parking requirements and analyze the project's parking demand. The proposed improvements 4,407 sq. ft. The uses and floor areas within the existing buildings are summarized below: Existing Church/Hall Building The 1,395 sq. ft. church sanctuary contains 60 seats. The remainder of the floor consists of approximately 3,012 sq. ft. and includes a 799 sq. ft. community hall, The remaining floor is comprised of an approximate 2,200 sq. ft. Three Sunday school rooms, Book store, and office rooms. 1545 Victory Blvd. Suite 102, Glendale, CA 91201 (818) 507- 5747 e-mail: info@gorgyeng.com The schedule of all weekly church services and events are listed below: Coptic Orthodox Church Schedule of Services Sunday Divine Liturgy 7:45AM — 11:00AM Fellowship /Breakfast 12:OOPM — 2:OOPM Youth Meeting 12:OOPM — 12:30 PM Monday Tuesday Wednesday Divine Liturgy 8:OOAM — 10:30AM Thursday Friday Divine Liturgy 8:OOAM — 10:30AM Young Professionals Meeting 7:30PM — 9:OOPM College Meeting (Alt. weeks) Midnight Praise 7:OOPM — 8:OOPM Saturday Servants' Meeting 5:OOPM — 6:OOPM Deacons' & Deaconess' Meeting 5:OOPM — 6:OOPM Hymns 6:OOPM — 6:45PM Church School 6:45PM — 7:30PM Young Family Meeting 6 :45PM — 7:30PM Coptic Lessons Bible Study 6 :45PM — T')OPM Vespers (Prayers) 7:45PM — 9:OOPM Midnight Praise 9:OOPM — 11 :00PM 1/17/2013 Liturgy Services — Sunday, Wednesday, and Friday mornings Attended by approximately 10 people on Wednesday and Friday; approximately 50 people on Sunday. Following Sunday Liturgy Service, all are invited to join in a Fellowship Breakfast until 2PM. Youth Meetings — Sunday afternoons Attended by approximately 15 student-aged youth, most of who are already there with family that attended the Liturgy Service. Youth meetings are held in the Sanctuary while the Fellowship/Breakfast is taking place in the Fellowship Hall. Young Professionals Meeting — Friday evenings Attended by approximately 20 adults and held in the Sanctuary College Meeting — Friday evenings Held on alternate weeks in the Fellowship Hall Midnight Praise —Saturday evenings Held in the Sanctuary and attended by approximately 15 people. Servants Meeting — Saturday evenings Attended by approximately 15 servants who meet in the Youth Lounge. Deacons' & Deaconess' Meeting — Saturday afternoon Held in the Sanctuary and attended by approximately 15 people. Hymn Classes - Saturday evenings Attended by approximately 20 people who meet in the Youth Lounge. Church School — Saturday evenings Held in the Sunday school rooms and attended by approximately 18 people. Young Family Meeting — Saturday evenings Held in the Fellowship Hall and attended by approximately 15-20 people. Coptic Lessons & Bible Study — Saturday evenings Held in the Fellowship Hall and attended by approximately 20 people. Note: Total of the above will not exceed 60 people on saturday. Vesper Prayers - Saturday evenings Held in the Sanctuary and attended by approximately 25 people. Special Services and Events are held annually or as needed and include: During the Great Lent (55 days) Liturgies during Major Feasts (Nativity, Epiphany, Resurrection) Holy week (once/year from Palm Sunday to Feast of the Resurrection) Weddings, Funerals, and various celebrations: by request so not to conflict with regular services. 1/17/2013 ► A , RESOLUTION NO. 4216 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 2012-19 AUTHORIZING THE USE OF AN INDUSTRIAL OFFICE BUILDING FOR CHURCH SERVICES FOR UP TO FIFTY-SEVEN (57) PERSONS WITHIN A 4,848 SQUARE FEET TENANT SPACE AT 3002 DOW AVENUE, SUITE 140. The Planning Commission does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That a proper application, Conditional Use Permit 2012-19, was submitted by Fr. Kyrillos Ibrahim, of St. Paul American Coptic Orthodox Church — Diocese of Los Angeles, Southern California and Hawaii, Inc., requesting authorization to operate a church with a maximum of fifty-seven (57) persons within a 4,848 square-foot tenant space located at 3002 Dow Avenue, Suite 140 and include activities such as administrative activities, religious classes, group meetings, prayer meetings and worship service; B. That the project site is located within the Planned Community Industrial (PC IND) Zoning District and is designated as Planned Community Commercial/Business by the City's General Plan, which provides for a mixture of activities permitted within the Community Commercial, Professional Office, and Industrial land use designations, including religious facilities. 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 of the City's General Plan; C. That pursuant to Planning Commission Resolution No. 3591, religious facilities are conditionally permitted in the Planned Community Industrial (PC IND) Zoning District; D. That a public hearing was duly called, noticed, and held for said application on February 12, 2013, 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 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, or to the general welfare of the City of Tustin in that: Resolution No. 4216 Page 2 1 The proposed use is authorized by Planning Commission Resolution No. 3591 with the approval of a conditional use permit. 2. The proposed use complies with Planning Commission Resolution No. 3591 (policy guidelines for churches in Industrial Districts) including the distance separation between other churches, schools, and hospitals. The proposed church facility is located approximately 1,550 feet from the nearest existing church use and meets the minimum separation distance of 1,200 feet stipulated in Planning Commission Resolution No. 3591. 3. As conditioned, the number of participants, types of activities and hours of operation would be compatible with the neighboring light industrial, office, and warehouse uses, and the applicant would be required to notify the City of any changes to the use of the facility. 4. The proposed use, as conditioned, would not result in any parking impacts because the maximum number of seats and persons will be limited to fifty-seven (57) at any given time based upon the parking ratio of one (1) parking space per every three (3) seats and the nineteen (19) parking spaces allotted to the tenant space. 5. The proposed use would not have any aesthetic impacts to the area since no exterior modifications are proposed. 6. The City's Public Works Department, Police Department and Building Division, and the Orange County Fire Authority have reviewed and support the development of the proposed project, as conditioned. F. That the project is Categorically Exempt pursuant to Section 15301(a), Class 1 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). 11. The Planning Commission hereby approves Conditional Use Permit 2012-19 authorizing the establishment of a church use within a 4,848 square-foot tenant space located at 3002 Dow Avenue, Suite 140, subject to the conditions contained within Exhibit A attached hereto. Resolution No. 4216 Page 3 PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 12th day of February 2013, STEVE KOZAK Chairperson ELIZABETH A. BINSACK &W a IM-1 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 the Resolution No. 4216 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 12th day of February 2013. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A RESOLUTION NO. 4216 rlo M 4 MIAMM 1.1 The proposed use shall substantially conform with the submitted plans for the project date stamped February 12, 2013, 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 during plan check if such modifications are to be consistent with the provisions of the Tustin City Code and other applicable codes. (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 Approval of Conditional Use Permit 2012-19 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 "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) 1.4 As a condition of approval of Conditional Use Permit 2012-19, 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. (1) 1.5 Any violation of any of the conditions imposed is subject to issuance of an Administrative Citation pursuant to Tustin City Code Section 1162(a). 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 Resolution No. 4216 CUP 2012-19 Page 2 (1) 1.6 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorneys' fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. (1) 1.7 Conditional Use Permit 2012-19 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 Exhibit A of Planning Commission Resolution No. 4216 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. (1) 1.8 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, USE RESTRICTIONS (1) 2.1 A maximum of fifty-seven (57) persons shall occupy the church suite an any given time based upon the nineteen (19) parking spaces allocated to the tenant space. Should additional parking spaces be allocated to the tenant space, the number of seats/persons may be increased based on one (1) parking spaces for each three (3) persons subject to review and approval by the Community Development Director. (1) 2.2 The hours of services and business operation shall be to 7:30 AM to 11:00 PM, Sunday through Saturday. The Community Development Director may approve a request to modify the hours of operation if they are deemed to be compatible with the surrounding area. (1) 2.3 Church activities include administration, religious classes, group meetings, prayer meetings and worship service. All activities shall be located within the enclosed building. No congregation and/or loitering in the parking area or walkways are allowed in association with the use. (1) 2.4 No signs or other forms of advertising or attraction may be placed on the site without approval from the Community Development Department. Exhibit A Resolution No. 4216 CUP 2012-19 Page 3 (1) 2.5 No schools shall while the church industrial districts. be permitted except Sunday school-type activities s in operation as schools are strictly prohibited in (1) 2.6 If in the future the City determines that a parking, traffic, or noise problem exists on the site or in the vicinity as a result of the proposed project, the Community Development Director may require the applicant to request a conditional use permit for joint use parking and/or 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 approved by the Community Development Department and/or Public Works Department. Said mitigation may include, but are not limited to, the following: a. Establish alternative hours of operation. b. Reduce the number of persons allowed in the facility at any given time. c. Provide additional parking. d. Provide noise attenuation. (1) 2.7 No change or alteration of the tenant space shall occur without prior approval of the Community Development Director. Major modifications to the floor area, services, and/or operation of the business may require consideration of a new conditional use permit by the Planning Commission. 3.1 A professional designer will need to analyze the tenant space and building as a mixed use building including the proposed tenant space as a Group A Occupancy use. 3.2 At the time of permit application, plans must show the accessible features from parking area to and within the tenant space, per Section 1134B.2. (1) 3.3 At the time of building permit application, the plans shall comply with the current edition of the codes (2010 California Building Standards Code), City Ordinances, State, Federal laws, and other regulations as adopted by the City Council of the City of Tustin. Exhibit A Resolution No. 4216 CUP 2012-19 Page 4 FEES (1) 4.1 Prior to issuance of any permits, payment shall be made of all applicable fees, including but not limited to, the following. a. Building Plan Check and Permit Fees b. Orange County Fire Authority Fees (1,5) 4.2 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 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.