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HomeMy WebLinkAboutPC RES 4300A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 2015-18, ALLOWING AN ANCILLARY CHURCH USE WITH 276 SEATS OPEN TO THE GENERAL PUBLIC, IN ASSOCIATION WITH THE VILLAGE OF HOPE TRANSITIONAL HOUSING FACILITY LOCATED AT 1 HOPE DRIVE. The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That proper application has been submitted by Jim Palmer, Orange County Rescue Mission, requesting to allow church use that is open to the public at the Village of Hope (VOH) transitional housing facility (facility), located at 1 Hope Drive. B. That the VOH facility is zoned Marine Corps Air Station (MCAS) Tustin Specific Plan (SP1) District and has a General Plan Land Use designation of MCAS SP1. The VOH facility is within Planning Area 3 of Neighborhood A of SP1. In addition, the project has been reviewed for consistency with the Air Quality Sub -element of the City of Tustin (the City) General Plan and has been determined to be consistent with the Air Quality Sub -element. C. That pursuant to MCAS SP1 Section 3.3.4C, the Community Development Director has determined that ancillary church uses are conditionally permitted uses within the Transitional/Emergency Housing land use designation of the MCAS SP1. D. That on December 10, 2001, the Planning Commission adopted Resolution No. 3817, approving Conditional Use Permit (CUP) 01-030, allowing the establishment of a transitional housing facility with 192 beds. That on January 2, 2008, the City Council adopted Resolution No. 08-09, approving an amendment to CUP 01-030 allowing the establishment of a 4,000 square -foot ancillary medical and dental clinic open to the public. E. That pursuant to MCAS SP1 Section 3.3.4C, the Director of Community Development has determined that ancillary church use is a conditionally permitted use within Planning Area 3. F. That a public hearing was duly called, noticed, and held for CUP 2015-18 on October 27, 20151 by the Planning Commission. G. 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 Resolution No. 4300 Page 2 in the neighborhood of such proposed use, 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 in that: 1 Pursuant to MCAS SP1 Section 3.3.4C., the Community Development Director has determined that ancillary church use is conditionally permitted within Planning Area 3 of the MCAS SP1. 2. That, as conditioned, the proposed church is an ancillary use to the primary transitional housing use in that the church activities are on Sundays and weekday evenings. 3. That the Public Works Department has reviewed the project and determined the church's Sunday service will take place during off peak hours and that, as conditioned, the required onsite parking will be provided and impacts to traffic are not anticipated. 4. That, as conditioned, the proposed church use can be accommodated by the existing auditorium/chapel building (Building C) and the existing and proposed onsite parking lot in that the vehicles associated with the transitional housing facility shall be parked off-site in the Advanced Technology Education Park (ATEP) parking lots during Sunday church service. H. On January 16, 2001, the City of Tustin certified the Program Final Environmental Impact Statement/Environ mental Impact Report (FEIS/EIR) for the reuse and disposal of MCAS Tustin. On December 6, 2004, the City Council adopted Resolution No. 04-76 approving a Supplement to the FEIS/EIR for the extension of Tustin Ranch Road between Walnut Avenue and the future alignment of Valencia North Loop Road. On April 3, 2006, the City Council adopted Resolution No. 06-43 approving an Addendum to the FEIS/EIR. And, on May, 13, 2013, the City Council adopted Resolution No. 13-32 approving a second Addendum to the FEIS/EIR. The FEIS/EIR, along with its Addenda and Supplement, is a program EIR under the California Environmental Quality Act (CEQA). The FEIS/EIR, Addenda and Supplement considered the potential environmental impacts associated with development on the former Marine Corps Air Station, Tustin. An Environmental Checklist attached hereto as Exhibit A has been prepared and concluded that these actions do not result in any new significant environmental impacts or a substantial increase in the severity of any previously identified significant impacts in the FEIS/EIR. Moreover, no new information of substantial importance has surfaced since certification of the FEIS/EIR. Resolution No. 4300 Page 3 11. The Planning Commission hereby approves CUP 2015-18 to establish an ancillary church use open to the public at the VOH facility located at 1 Hope Drive, subject to the conditions contained within Exhibit B, attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 27th day of October, 2015. JE0=WfHOMPSA Chairperson EIIZABETH A. BINSACK • 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. 4300 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 27th day of October, 2015. PLANNING COMMISSIONER AYES: PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: ELIZABETH A. BINSACK Planning Commission Secretary Kozak, Lumbard, Smith, Thompson (4) Altowaiji (1) EXHIBIT B CONDITIONS OF APPROVA CUP 2015-18: CHURCH US 1 HOPE DRIVE I The proposed use shall substantially conform to the project description and submitted plans for the project date stamped October 27, 2015, 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 (TCC) and other applicable codes. (1) 1.2 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 and associated fee are received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.3 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) 1.4 Approval of the Conditional Use Permit (CUP) 2015-18 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) 1.5 As a condition of approval of CUP 2015-18, the applicant and property owner 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 and/or property owner of any such claim or action filed against the City SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENTS (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODEIS (7) PC/CC POLICY (4) DESIGN REVIEW EXCEPTIONS Resolution No. 4300 Exhibit B Page 2 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) 1.6 Any violation of any of the conditions imposed is subject to issuance of an Administrative Citation pursuant to TCC Section 1162(a). (1) 1.7 The applicant and/or property owner 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) 1.8 CUP 2015-18 may be reviewed at any time 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 CUP 2015-18, 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 CUP. 1.9 Approval of the subject project shall be contingent on a successful transfer of ownership of the vacant parcel (APN 430-283-05) from the City to the applicant. 1.10 Approval of the subject project shall be contingent on the Planning Commission approving Design Review 2015-002 allowing the construction of a new parking lot with twenty-six (26) spaces. CHURCH USE RESTRICTIONS 2.1 The church use, which will be open to the general public, at the Village of Hope (VOH) transitional housing facility (facility) shall be ancillary to the primary transitional housing use and limited to the following schedule: Sunday worship service: 8:00 a.m. to 6:00 p.m. Weekday activities: 6:00 p.m. to 9:00 p.m. Modifications to the above schedule shall be submitted to the Director of Community Development for review and approval. 2.2 Approval for the church use shall be limited to the assembly room in Building C with maximum 276 seats and shall provide a minimum ninety- two (92) parking spaces onsite for church use. Resolution No. 4300 Exhibit B Page 3 2.3 A minimum ninety-two (92) parking spaces shall be available onsite for the priority use by church patrons during worship service. Church patrons shall park personal vehicles within the VOH facility parking lots. The residents and employees of the VOH facility campus shall park personal and company vehicles within the off-site parking lots during Sunday worship service as needed to accommodate the church patrons. (1) 2.4 All church activities shall be located entirely within the VOH facility. No congregation and/or loitering in the parking areas or walkways are allowed in association with the use. (1) 2.5 Temporary directional and informational signs shall comply with the City Sign Code. No permanent signs or other permanent forms of advertising or attraction for the church use may be placed on the site without approval from the Community Development Department. 2.6 If parking spaces within the ATEP site are no longer available to the applicant, the applicant shall cease providing church worship services to the general public or secure ninety-two (92) off-site parking spaces in a manner acceptable to the City. (1) 2.7 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 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 measures to be reviewed and approved by the Community Development Department and/or Public Works Department. Said measures 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 noise attenuation. 19:M (1) 3.1 Within forty-eight (48) hours of final approval of the 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 Resolution No. 4300 Exhibit B Page 4 that 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.