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HomeMy WebLinkAboutPC RES 4306RESOLUTION 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: 1. 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 560 W. 1St 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, 20151 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. 1St 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 8t" day of December, 2015. { AP J# . THO SON 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 8t" day of December, 2015. PLANNING COMMISSIONER AYES: PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: C--- n� *'�] i'�� -V1 117 - ELIZABETH A. BINSACK Planning Commission Secretary Altowaij i, Kozak, Lumbard, Smith, Thompson (5) GENERAL EXHIBIT A RESOLUTION NO. 4306 CONDITIONAL USE PERMIT 2015-03 CONDITIONS OF APPROVAL 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 CODE/S (7) PC/CC 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 5:00 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 on the ground floor, with the exception of the 949 square foot tenant space located at the main entry along First Street, 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 Exhibit A Resolution No. 4306 Page 4 (1) 4.1 The applicant shall design and reconstruct the driveway approach on First Street to current Federal Americans with Disabilities Act (ADA) requirements. (1 J 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 applicant/contractor 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 shall 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 Exhibit A Resolution No. 4306 Page 5 and an approved alarm system. 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.