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HomeMy WebLinkAbout05 CUP 2015-03 560 W. 1ST. ST.G1�Y q� AGENDA REPORT ILI�w 340 �?7' MEETING DATE: DECEMBER 8, 2015 TO: PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CONDITIONAL USE PERMIT 2015-03 APPLICANT/ DENNIS MONTGOMERY PROPERTY OWNER: D&M PAINTING 1759 N. BATAVIA STREET ORANGE, CA 92865 LOCATION: 560 W 15T STREET GENERAL PLAN: PLANNED COMMUNITY COMMERCIAVBUSINESS (PCCB) ZONING: FIRST STREET SPECIFIC PLAN SUBAREAI W NEIGHBORHOOD COMMERCIAL ITEM #5 REQUEST: A REQUEST TO ESTABLISH AND OPERATE A CHURCH USE ON THE GROUND FLOOR OF AN EXISTING COMMERCIAL BUILDING AND JOINT USE PARKING TO ACCOMMODATE THE USE. ENVIRONMENTAL: THIS PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO SECTION 15301 (CLASS 1) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). PC Report December 8, 2015 CUP 2015-03 Page 2 RECOMMENDATION: That the Planning Commission adopt Resolution No. 4306 approving Conditional Use Permit (CUP) 2015-03 to establish and operate a church use on the ground floor of an existing commercial building located at 560 W. 1s' Street and authorize joint use parking. APPROVAL AUTHORITY: The subject property is located within Subarea 1 of the First Street Specific Plan (FSSP) which allows for Neighborhood Commercial uses. Churches are a conditionally permitted use within Subarea 1. Pursuant to Section 9264a of the Tustin City Code (TCC), joint use of parking areas for nonresidential uses with different peak hours of operation is allowable upon approval of a conditional use permit. Section 9291 of the TCC authorizes the Planning Commission to review and approve conditional use permits. BACKGROUND: ,Location The subject property is located at the southeast corner of the intersection of First Street and Pacific Street. Surrounding properties along First Street are also located within Subarea 1 of the FSSP. Retail and service commercial uses lie to the north of the property across First Street as well as to the west across Pacific Street. Directly abutting the property to the east is a two story apartment complex. A detached single family dwelling on a lot zoned Multiple Family Residential (113) is located directly south of the subject property. PC Report December S, 2015 CUP 2015-03 Page 3 Subject Property Existing at the subject property is an 8,488 square foot two story commercial building which was previously occupied by the Consolidated Reprographics tenant on the 4,871 square foot ground floor. Exterior stairwells provide access to the 3,817 square foot second floor which is currently demised to accommodate four office tenants which share a common restroom facility, The building is oriented towards the street corner of the property with a parking lot provided along the interior property lines, Access to the parking lot is provided from the one-way entry at First Street and an exit at Pacific Street. There are 32 parking spaces provided on site for the building. PROJECT DESCRIPTION: The applicant is the owner of the building at the subject property and proposes to operate a church on the ground floor. There is not sufficient parking provided on-site to accommodate all uses on the property; therefore, the applicant has also applied for joint use parking at the property. The majority of the ground floor is proposed to be occupied by the church use with the exception of a 949 square foot tenant space located at the main entry along First Street. The church will have entry points along the side and rear of the building with access to the parking lot. Congregation for the church will be located in the center of the building within a 1,731 square foot assembly area. Offices and a restroom facility associated with the church use are located toward the rear of the building. Existmi W,mmeal sign I First Street 4 N ,.'r 1111 xg: FIM 1103 �4�v C C]ff.e {G1 SF) o a a y off ae m Fu,ice,s L7 Floor Plan ]igbling &-=l =l board .aru P�M1Q1 L_J V.A'%Mu++lly 114e1 _ ILI ]sed sent, PIN., .J .•: Ice urs t�1 <e.• Pl.lttonts •: F" aU.,:e FI. ' NlJ 611311li3U L:'11111a J-.111:111 C; _4* 1.41 ..n ;ut: Pacific Street 1 �y FIM 1103 C]ff.e (1111 sFr RAI ar. off ae q#SS SF) L7 ' RM 105 Office " 5 !__h SP-) 1 R7111(1' ?,•fait, „7 { �e5eul ly tl,� Fntly f ayel Y F :r tAi4 my �xJ _J } 1 w Cl 1 S�ViI.• 1 C ] PC Report December S, 2015 CUP 2015-03 Page 4 2r"l Floor Plan 4 N Tenant improvements to the property would include interior partitions and required separation for the assembly use area. Exiting and restroom facility improvements would also be required. Exterior improvements consist of walkway installation and parking lot restriping to meet accessibility requirements. The applicant has obtained building permits to construct some of these improvements already, but would be required to submit additional plans for the change of occupancy to an assembly use. Joint Use Parking and Hours of Operation Parking requirements within the FSSP are subject to the provisions of the TCC. The City's Parking Ordinance requires one (1) space for each three (3) fixed seats; or if no fixed seats are provided, one (1 ) space for every 35 sq. ft. of gross assembly area, classrooms, meeting rooms, etc., based on the most intense simultaneous use for assembly uses such as the church. The applicant is proposing fixed seating within the assembly area which would not operate simultaneously with other church functions such as the office administration component. There is not adequate parking available on-site to meet the requirements of the TCC in order for all commercial and church uses to function simultaneously. The 32 provided parking spaces would allow for a maximum of 96 fixed seats within the assembly space and 94 are currently proposed. A joint use parking study was prepared by a licensed traffic engineer, which concluded that with restricted business hours, the number of parking spaces demanded is not anticipated to exceed the parking supply at any time throughout the week (Attachment PC Report December 8, 2015 CUP 2015-03 Page 5 D). The 32 parking spaces would accommodate the parking demand generated by the proposed uses. Hours of operation for the office and commercial uses on-site would be restricted to 8:00 a.m. to 5:09 p.m. Monday through Saturday. Church operations are proposed to function from 6:00 p.m. to 9:00 p.m. on Wednesday evenings, 7:00 p.m. to 10:90 p.m. on Friday evenings, and 8:90 a.m. to 8:00 p.m, on Sundays. The office and commercial use hours are consistent with other similar uses within the City and surrounding area and the church use hours are also consistent with similar facilities. The evening hours on weekday nights are not anticipated to create a nuisance as the property is located within a commercial zoning district which has other uses open in the evening hours. Proposed Condition 1.8 would allow further review of the CUP should a problem arise related to parking, traffic or noise issues associated with the use. FINDINGS: In determining whether to approve the CUP to establish and operate a church use on the ground floor of an existing commercial building located at 569 W. 1st Street and authorize joint use parking, the Planning Commission must determine whether or not the proposed use will 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. A decision to approve this request may be supported by the following findings: 1. Subarea 1 (Neighborhood Commercial) of the First Street Specific Plan allows church uses upon approval of a CUP. 2. Section 9264a of the TCG allows joint use of parking areas for nonresidential uses with different peak hours of operation upon approval of a conditional use permit. 3. The joint use parking study was prepared by a licensed traffic engineer and concluded that with restricted business hours, the number of parking spaces demanded is not anticipated to exceed the parking supply at any time throughout the week.. 4. All activities would occur within the freestanding building and simultaneous use of the building would be restricted. 5. The Community Development Director may review CUP 2015-03 annually or more often if necessary to ensure compliance with the conditions of approval. Ryan Swiontek Senior Planner 1'�_ Elizabeth A. 6insack Community Development Director PC Report December 8, 2015 CUP 2015-03 Page 6 Attachments: A. Location Map B. Land Use Fact Sheet C. Submitted Plans D. Joint Use Parking Analysis E. Resolution No. 4306 ATTACHMENT A Location Map LOCATION MAP CUP 2015-03 560 W. I ST STREET ow� 0.00 .000 ATTACHMENT B Land Use Fact Sheet LAND USE APPLICATION FACT SHEET 1. LAND USE APPLICATION NUMBERS): CONDITIONAL USE PERMIT 2015-03 2. LOCATION: FIRST STREET & PACIFIC STREET 3, ADDRESS: 560 W. FIRST STREET 4. APN(S):401-162-09 5. PREVIOUS OR CONCURRENT APPLICATION RELATING TO THIS PROPERTY: NONE 6. SURROUNDING LAND USES: NORTH: COMMERCIAL SOUTH: RESIDENTIAL EAST: RESIDENTIAL WEST: COMMERCIAL 7. SURROUNDING ZONING DESIGNATION: NORTH: FIRST STREET SPECIFIC PLAN (SP -10) - SUBAREA 1 SOUTH: MULTIPLE FAMILY RESIDENTIAL (R3) EAST: FIRST STREET SPECIFIC PLAN (SP -10) -SUBAREA 1 WEST: FIRST STREET SPECIFIC PLAN (SP -10) -SUBAREA 1 8. SURROUNDING GENERAL PLAN DESIGNATION: NORTH: PC COMM ERCIAUBUSINESS SOUTH: HIGH DENSITY RESIDENTIAL EAST: PC COMMERCIAL/BUSINESS WEST: PC COMMERCIAL/BUSINESS 9. SITE LAND USE: A. EXISTING: COMMERCIAL PROPOSED: COMM ERCIALICHURCH B. GENERAL PLAN: PC COMM ERCIALfBUSINESS PROPOSED: SAME C. ZONING: FIRST STREET SPECIFIC PLAN {SP -10) PROPOSED: SAME DEVELOPMENT FACTS: 10. LOT AREA: 21,780 SQUARE FEET 11. BUILDING S.F.: 8,488 SQUARE FEET - NO CHANGE 12. PARKING: 32 REQUIRED STALLS 32 PROVIDED STALLS PARKING ANALYSIS SUBMITTED FOR JOINT USE PARKING 13. IMPROVEMENTS: INTERIOR & EXTERIOR - INTERIOR TENANT IMPROVEMENTS AND SITE ACCESS IMPROVEMENTS AND PARKING LOT RESTRIPING ATTACHMENT C Submitted Plans r m n a n 0 C m m m t� p h -i f', ao o m 17 -•w h o C] — y l o C Cn s. o Q Q N vynnn3a �nn3 -Vr,v� rcVa S, r[.lnl f• m j� q �o C. Or ho O 9OD 0 — N U+ N Ci CO Z c1 O C1 O z f3. C .m C .N-. N � 0 L, 79 Vic" Gla ny ¢n� 79 V _ o u Yor6 Ave z 4 . y '21 71, H a o iOGa �� T 47 c c V 2 3 4 ' i� � US `=t1— C ,p A _ sry• k"Mp to a n• M 0 x7 i n I� c F z- 0 rn 8 0 w CR u V t} �^ ) .F x LP o t CUP Application 560 West First Street, Tustin, California =' VAI r ASSOCIA I ES INC. 1rcluL• Pl.mn •n L Dc%elopment Services :rm.Mwrs RUM v..'c 1+c,1Q TraGil Cn1Y. 92747 `�,=`�_* 726 1676 a -marl LN:-AACiiopaeeernrr 111111111 �vmmmmmmmwj L N > 1711 > tL > GH M NO@ Pacific Street ac g" R LP LD -:rr',,u5 I' overnona 0 g A� <= I Ilk, � Residential (Aparlrmerit5) adjacent land use is A➢E s" Orn > 70n C R CD 0 > 9 04 - Naini -Y v fm > > tp up F -L 7. 1-n < 'S z CUP Application 560 West First Street, Tustin, California VAI ASSOCIATES INC. Architects, Planners & Development Services CUP Application VAI 560 West First Street,e \\\ > ASSOCIATES INC. Architects, Planners & Development Services Tustin, California T919, 7 ?676 r 1 11111111 '�MMMM] CUP Application 560 West First Streetrr , Tustin . California VAI ASSOCIATES INC - Architects, Planners & DeN c I torment Scrt is L CUP Application 560 West First Street, Tustin, California VAI ASSOCIATES INC. Architects. Planners & Development Services II ",frN l9:9J ]TE 515 r.4 gau..p� _rTy r 1•Y. .�. ' K W l J� p� ,,y V' 2I =� Ir ami F a CUP Application 560 West First Street, Tustin, California VAI ASSOCIATES INC. Architects. Planners & Development Services II ",frN l9:9J ]TE 515 r.4 gau..p� r 1•Y. .�. ' K W l J� p� ,,y m tv n z %v - ° qR4,' iSs y 3 � EB� W9 7 u pa 34 =g T ��y3�M1fi R o 341 tn 2 -,SRO 2`4� 3 a o5 �A 2, CUP Application 560 West First Street, Tustin, California VAI ASSOCIATES INC. Architects. Planners & Development Services II ",frN l9:9J ]TE 515 r.4 gau..p� CUP Application 560 West First Street, Tustin - California VAI ASSOCIATES INC. Architects, Planners & Development Services 2572 —'!�V. '—x:' Co' '� 90"w -r� W6 — , . CLIP Application 560 West First Street, Tustin, California VAI ASSOCIATES INC. Architects, Planners & Development Services 2WZ � „ .+1. T f^ CW 92780 Tpf. (919J Tp5 ISM —..d YN—A5CHOpecheb.Mt C _ Fxscmg mcnumen'. s,gn N i 1 I ! I I I I O v I T O IIno n � Existing monu�nt sign I I � B r I I I I I I I I � I � I 70 NI \ \ \\ AI n l I I I I I I I � I X \ I I L \\ ! z � I C z I I I Z CLIP Application 560 West First Street, Tustin, California VAI ASSOCIATES INC. Architects, Planners & Development Services 2WZ � „ .+1. T f^ CW 92780 Tpf. (919J Tp5 ISM —..d YN—A5CHOpecheb.Mt 4 M N FTI 7 L x 7 > 7 7 > -- ----- L > z Ex.5t ro moaumeit sign CUP Application X--7�-Zx VAI 560 West First Street, ASSOCIAI I S INC. Architects. I n n L:-� &-17s rl0 111 C: I t *C F. I C Tustin, California (949) 776 � ff CUP Application 560 West First Street, Tustin . California -1 .1 qw�qij 91 g fi! AM -i 111RH11414' Hit 144 gk OR- I 51 HUN". ;H k j L lift ft I a v 2 51 4 1 NI J� 8 9R 'z 4; —1 tial Ai. Z i yp Ia J., 21 1v 1i g. I I -p, ff I 10 5 1 t1, 3, g 1� VAI ASSOCIATES INC. Architects, Planners Dn cl opment Sm ices ATTACHMENT D Joint Use Parking Analysis L 1'A ASp0( A S, INC. :?0 F.XF.0 [7 �LIVG: I'e'+R K. SUITE 200 S A � IRVINE, CALIFORNIA 924314 October 2, 2015 Frank Orti [tea D&Nl Paintin- 1759 Dort) 131 itavla Strect Orange. CA 92` 05 FRESNO RfVE..RSI1)F: 949-553.0666 TFL. 13 [t.RK LL%Y PALM SPRINGS ROCKLIN 949.553.8076 FAX CARL -SHAD I"I". RICHMOND SAN LUIS 0BISI10 Suhjcct: 560 `Vest I't Strcct 1)ar]Jwn T Study Dear Mr. Ortega: LSA Associates, Inc. (LSA) is pleased to submit this parking analysis for the proposed redesignation of land uses at 560 West 0 Street in the City of Tustin. The project site is located at 5£0 West I" Street in the City of Tustin. The parcel can be accessed frolrl Pacific. Street fronl :l f til kaceess driveway or 1't Street from a right -in -only driveway. Parking consists of 32 striped parkinta spacos- An cxistili,­ church (Prai,e Chapel of "I IStin) propo cs to occupy most of the first floor of the building. On the first floor. 949 square feet (sf) is a wpl hale office that is currently vacant, lin additional 775 tif' of of ["ice space Olay be used by VIII office tenant or as an office for the church. The proposed floor plan show, a maxirntlrn Of 96 fixed sorts within a 1,731 sf assembly area. Lease restrictions limit the hours of operation to between 6:00 p.m. and 9:00 p.m. on Wednc,day nights (when the church holds a Bible study), 7:00 p.m. and 10:00 p.m. on Friday nights, 8:00 a.m. and noon on Sunday, and 5:00 p.m. and 8:00 p.m. on. Sunday. Based on these bw,,iness hours, the church will not operate at the same time as the office suites. Three office tenants have been identified for suites on the ,econd fluor. 1 wo suites on the second floor and two suites on the first floor do not have G1I1 1dcIltlfied tenant. Lease restrictions limit the hours of operation for the seven office suites to between 8:00 a.m. and 5:00 p.m. Monday through Friday. Saturday operation may Inc: possible xvith :l special lease provision. Municipal Code Parking Requirement Tustin Municipal Code (TMC) Section 9253., establishes off-street parking requirements for each of the land aGscs in this project. TMC Section 9263.L, states that. places of assembly leclui1_C 011e parking space for each three 1 -fixed seats, Administrlti� C Ot'l iCCrc•clt11re one p-lrking space fnr every 250 sf of gross floor area. Inasmuch as four of the suite:,, do not fl'Lave identified tenants, park in,= rates for potential future tenants were considered. N-ledic:lf or dental offices, tacneral retail merchandise. and persoil �1I ser'ti iccS all require ollc parking space for every -150 s of ,ross f]oor a[ -ca. l lcaIth/l fitness clubs require one• 1),lrk11 ic7 space for c very I SO sf of floor arca. LSA app IIod tfie hitafie st p.,irkinu rate (clic parkin,, space for every 150 sf) to one of the unleased suites. The• �,cncraI of-iice parking rate 1D16�t5 �•l':1G!•":111 �i!I'rE';tr;�ir�. I.: n.'r_.�L��x» PLANNING I ENVIRONMENTAL SCII`.NC:EiS I DESIGN LSA ASSOCIATES, INC. was applied to the church foyer to account for potential administrative staff at the church on weekdays. Table A displays the results of applying the TMC parking requirements to each suite. Table A: Parking Generation '111(' Parkin- ' Itequircd Suite Business I, aI]d I "c Size i'ttit Hate Parking First t loor 1 l'i131,i f."hapcl Churih/ i,."c[nhl 96 "rats I lrer ?,cats 32 2 Chinch Fover fll'lice. ' 540 of 117t`r 2�i1 yf 2.2 3 Unocclipie i (Roorii 104/1(15/106) f iflice. 775 of 1 per 250 sf._. 3.1 4 t rloccullied fRoom C 13} 11c,!Ith/I itnc 5 Club 949 sf 1per I �fl sf 6.3 Second 1 boor 5 �$[ 1i:3r1 cCiii4 [ 11Ii 1.100 sf I pee- 25 sf 4.4 6tat lcculiir 1 f lflice I'MO .._yf I 1 er 250 si` 4.3 7 11chlC,f I per 250 A 4.5 'nahhu' 17trci��n Ui�[ice _ E,€ l7 � _ _ R Chili] I:v n2. litint Fellowship, OC Chapter ( 1'iice 620 si- I her 250.4 2.5 i l nocctlpicd flfliee 1,1Of) sl I pe -270l f 4.4 .I'Aal 64 11lClC fUoll�] I11 aC7 11C L"11111111CU IIID/ 1111: 0111CL:' IJ,JLl'. II [CLI SCfI?1.1i[[[' HIL: 10011 IIJr AIn1�' 11L'111�111CI tC l IIU [ern;nll W1 IISLCU. The Itlghcs[ Crib ecrner:ltion ]xrtrnti, I is lim lvaetl fist this unleased suiCe. sf = squal-t: ft•t't TMC =Tustin MuniciluilCodc Althoot7l-h thc• church believes many of its Co ffilrcll�tnts lige near the proposed location and that many will choose to W alk to scr%iccs, 'I able A applies the TMC parking rate for the church. As Table A shoe•", if all cel, the sttitcs \�crc opcsl for husiness at the same time, the total parking required woUId he 64 parking spaces. This exceeds the existing parking supply of 32 parking spaces. Reduction of Off -Street Parking Requirements TMC Section 9264 provides a mechanisw for joint use, ui ]�tii kin17 spaces and a reduction in the overall parking requirement. All ol' the park- iit,? spaces propost c1. to he designated for joint use are located on the same parcel as the building pit 560 West V St,, -,,i. In this circumtitam:c. all parties lease space from the. property owner of 560 1Ve,t 1"Street and their lease a_,recnlents stipulate their htl,inc S, hours. Inasmuch as a single owner controls all of the parking space,, propo,ed for joint use, no reciprocal access easement is necessary. As mentioned earlier, the property owner uses lease restrictions to ensure that the bu,iuc,,s hours of the church do not overlap with the business hours of the remaining suites. Figure 1 (attached) Must rates the effect of the varied business hours on the maximum parking demand generated throughout the week. As Figure 1 shows, the maximum parking required at any given time is 32 parking spaces. The parking supply of 32 marked parking spaces would not be exceeded. 10/6/15 «P:1DNM150ITarkirag t.etter2.docxN 2 I.SA ASSOCIATES. INC. Conclusion The conditions at 560 West 1" Street meet the requirements of TMC Section 9264 for joint use of parking spaces. All 32 parking spaces supplied in the parking lot are located on the same parcel as the building, which will adequately serve the suites intended to use the parking spaces. Because all of the parking spaces are controlled by the owner of 560 West I" Street, no reciprocal access easement is necessary, The hours of operation are dictated in the lease agreements between the property owner and each tenant. As a result of the restricted business hours, the number of parking spaces required is not anticipated to exceed the parking supply at any time throughout the week. When joint use of parking spaces is considered, the parking demand at 560 West 1" Street is not expected to exceed the supply. The 32 parking spaces supplied would accommodate the parking demand generated by the proposed uses. Sincerely, LSA ASSOCIATES, INC. Arthur Black Donson Liu, T.E. Senior Transportation Planner Transportation Engineer Attachment: Figure i — Parking Demand Based on Business Hours 10/6/15 6PADNM 150 ] Tarking Leuerldocx» Qf ESS10 10 ops°N -� TR 2743 * EXP. 3 31 AFFkt ��9TF OF CALkv���� �a rn �r a In �o E � In F� �¢ �o E �a un �o �m G] A cm r4 CC T j C 4 } m a3 CE1 6 � � w 1- `m m la n �In c a E �e 0 y m a9 !] zip 4 a y cn --- m N N N N saaedg 6upped pa,inbM �a rn Q un G] A cn N ATTACHMENT E Resolution No. 4306 RESOLUTION NO. 4306 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 2015-03 AUTHORIZING THE ESTABLISHMENT AND OPERATION OF A CHURCH USE WITH JOINT USE PARKING ON THE GROUND FLOOR OF AN EXISTING COMMERCIAL BUILDING LOCATED AT 560 W. 1ST STREET. 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 (CUP) 2015-03 was filed by Dennis Montgomery requesting authorization to establish and operate a church use with joint use parking on the ground floor of an existing commercial building located at 550 W. 15t Street. B. That the property is zoned First Street Specific Plan (FSSP) and located within Subarea 1 (Neighborhood Commercial) and has a land use designation by the General Plan of Planned Community Commercial/ Business which provides for a variety of retail, service commercial uses, office, and institutional uses. The project is consistent with the Air Quality Sub -element of the City of Tustin General Plan. C. That a public hearing was duly called, noticed, and held for CUP 2015-03 on December 8, 2015, by the Planning Commission. D. 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 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 of Tustin in that: 1. Subarea 1 (Neighborhood Commercial) of the FSSP allows church uses upon approval of a CUP. 2. Section 9264a of the Tustin City Code allows joint use of parking areas for nonresidential uses with different peak hours of operation upon approval of a CUP. 3. The joint use parking study was prepared by a licensed traffic engineer and concluded that with restricted business hours, the number of parking spaces demanded is not anticipated to exceed the parking supply at any time throughout the week. 4. All activities would occur within the freestanding building and simultaneous use of the building would be restricted. Resolution No. 4306 Page 2 5, The Community Development Director may review CUP 2015-03 annually or more often if necessary to ensure compliance with the conditions of approval. E. This project is Categorically Exempt pursuant to Section 15301 (Class 1) of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Planning Commission hereby approves CUP 2015-03 authorizing the establishment and operation of a church use with joint use parking on the ground floor of an existing commercial building located at 560 W. 15t Street, subject to the conditions contained within Exhibit A, attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the Stn day of December, 2015. JEFF R. THOMPSON Chairperson ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA } COUNTY OF ORANGE } CITY OF TUSTIN ) I, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4306 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the Stn day of December, 2015. PLANNING COMMISSIONER AYES: PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A RESOLUTION NO. 4308 CONDITIONAL USE PERMIT 2015-03 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped December 8, 2015, 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 (TCC). (1) 1.2 The subject project approval shall become null and void unless permits for the proposed project are issued and substantial construction is underway within one (1) year of the date of this Exhibit. Time extensions may be considered if a written request is 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 Conditional Use Permit (CUP) 2015-03 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 Any violation of any of the conditions imposed is subject to issuance of an administrative citation pursuant to TCC 1162(a).. (1) 1.6 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENTS (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODEIS (7) PCICC POLICY (4) DESIGN REVIEW *** EXCEPTIONS Exhibit A Resolution No. 4306 Page 2 (1) 1.7 CUP 2015-03 may be reviewed on an annual basis, or more often if 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 CUP 2015-03, or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the Community Development Director shall impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the CUP. (1) 1.8 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 or queuing 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, Police Chief, and/or Public Works Department. Said mitigation measures may include, but are not limited to, the following: (a) Adjust hours of operation. (b) Reduce the number of congregation/participants and/or employees. (c) Provide additional parking. (d) Provide noise attenuation. (1) 1.9 As a condition of approval of CUP 2015-03 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 defense of any such action under this condition. BUILDING DIVISION (3) 2.1 The plans propose a building which is not sprinklered. A 2 -hr fire-resistant fire barrier (CBC Sec 207) is required between A3 and B occupancies. A 2 -hr fire-resistant horizontal assembly (CBC Sec 711) between the A3 and Exhibit A Resolution No. 4306 Page 3 B occupancies will need to be provided along with 2 -hr fire-resistant elements supporting the horizontal assembly. USE RESTRICTIONS ***} 3.1 The church congregation activities shall not occur simultaneously with other uses at the subject property. All uses shall operate in accordance with the approved joint use parking study for the project during the following hours: Office/Commercial use: Monday — Saturday 8:00 a.m. to 5:014 p.m. Church use: Wednesday 6:00 p.m. to 9:00 p.m. Friday 7:00 p.m. to 10:00 p.m. Sunday 8:00 a.m. to 8.00 p.m. Any changes to the hours of operation require review and approval of the Community Development Director and may require an amendment to the joint use parking study. (***} 3.2 The church assembly area may provide a maximum of ninety-six (96) fixed seats based on the provided on-site parking of thirty-two (32) parking spaces. (1 ) 3.3 All church 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. All activities shall comply with the City's Noise Ordinance. (1) 3.4 No school or daycare uses are approved in conjunction with church use. (1) 3.5 No change or alteration of the tenant space including the layout of the fixed seating 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. (1) 3.6 No outdoor storage shall be permitted except as approved by the Community Development Director. (1) 3.7 No signs or other forms of advertising or attraction may be placed on the site without approval from the Community Development Department. PUBLIC WORKS DEPARTMENT (1) 4.1 The applicant shall design and reconstruct the driveway approach on First Street to current Federal Americans with Disabilities Act (ADA) requirements. Exhibit A Resolution No. 4306 Page 4 (1) 4.2 Prior to any work in the public right-of-way, an Encroachment Permit shall be obtained from and applicable fees paid to the Public Works Department. (1) 4.3 Prior to issuance of an Encroachment Permit, the applicant shall submit to the Public Works Department 24" x 36" reproducible street improvement plans, as prepared by a California Registered Civil Engineer, for approval. (1) 4.4 All trash enclosures shall utilize the City's standard enclosure designed (with roof) to accommodate at least two (2) 4 -yd. bins, with at least one (1) bin reserved for recyclable materials. Please confirm the existing trash enclosure is designed to accommodate two (2) 4- yd. bins. (1) 4.5 Prior to issuance of a Building Permit(s), the applicant shall provide written approval from the Orange County Sanitation District for change of use. (1) 4.6 Construction and Demolition Waste Recycling and Reduction Plan (WRRP). A. The applicanUcontractor is required to submit a WRRP to the Public Works Department. The WRRP must indicate how the applicant will comply with the City's requirement (City Code Section 4351, et al) to recycle at least 50% of the project waste material or the amount required by the California Green Building Standards Code. B. The applicant will be required to submit a $50.00 application fee and a cash security deposit. Based on the review of the submitted Waste Management Plan, the cash security deposit in the amount of five (5) percent of the project's valuation as determined by the Building Official, rounded to the nearest thousand, or $2,500, whichever is greater. In no event shali a deposit exceed $25,000. C. Prior to issuance of any permit, the applicant shall submit the required security deposit in the form of cash, cashier's check, personal check, or money order made payable to the "City of Tustin". ORANGE COUNTY FIRE AUTHORITY (OCFA) (1) 5.1 The applicant shall submit for Architectural Review (service codes PR200- PR285) - The architectural review will determine the maximum occupant load permitted for the building, as well as existing requirements. If the occupant loads exceeds 300 people, it will be required that the entire structure be protected with an approved automatic fire sprinkler system and an approved alarm system. Exhibit A Resolution No. 4345 Page 5 FEES (2) 6.1 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.