HomeMy WebLinkAboutPC RES 4216RESOLUTION 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;
F1 B. That the project site is located within the Planned Community Industrial
SIMON,
(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).
II. 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.
87T-EVit K ZAK
Chairperson
ELIZABETH A. BINSACK
Planning Commission Secretary
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
City of Tustin )
y
M I, 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
RESOLUTION •
CONDITIONAL USE PERMIT 2012-5
CONDITIONS OF • "•
GENERAL
(1) 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
(2) CEQA MITIGATION
(3) UNIFORM BUILDING CODE /S
(4) DESIGN REVIEW
(5) RESPONSIBLE AGENCY REQUIREMENT
(6) LANDSCAPING GUIDELINES
(7) PC /CC POLICY
* ** EXCEPTION
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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
is 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.
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c. Provide additional parking.
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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.
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( * * *) 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 11348.2.
(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 Os
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,S) 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.
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