Loading...
HomeMy WebLinkAbout06 UD 05-002, CUP 05-025 ITEM #6 Report to the Planning Commission DATE: SUBJECT: PROPERTY OWNER: APPLICANT: LOCATION: ZONING: AUGUST 22, 2005 USE DETERMINATION 05-002 CONDITIONAL USE PERMIT 05-025 PAN PACIFIC RETAIL PROPERTIES INC. 1631-B S. MELROSE DRIVE VISTA, CA 92083 COMMON GROUND INTERFAITH SPIRITUAL CENTER, INC. 18282 E. SANTA CLARA AVENUE SANTA ANA, CA 92705 624 E. FIRST STREET DESIGNATED "COMMERCIAL AS PRIMARY" WITHIN THE FIRST STREET SPECIFIC PLAN ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO SECTION 15301 (CLASS 01) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT REQUEST: A REQUEST FOR USE DETERMINATION TO ESTABLISH A MEETING ROOM AS A CONDITIONALLY PERMITTED USE IN THE "COMMERCIAL AS PRIMARY" DISTRICT OF THE FIRST STREET SPECIFIC PLAN AND TO CONDITIONALLY PERMIT THE USE AT 624 E. FIRST STREET RECOMMENDATION That the Planning Commission: Adopt Resolution No. 3989 approving Use Determination 05-002 to establish a meeting room as a conditionally permitted use in the Commercial as Primary designation of the First Street Specific Plan (FSSP); and, 1. 2. Adopt Resolution No. 3990 approving Conditional Use Permit 05-025 to conditionally permit a meeting room to conduct outreach activities and hold Planning Commission Report UD 05-002 and CUP 05-025 August 22, 2005 Page 2 gatherings for meditation, prayer, and spiritual direction in an existing tenant space located at 624 E. First Street. PROPOSED PROJECT Background The applicant is requesting to establish a meeting room at the tenant space currently occupied by a martial art studio. On February 10, 2003, Conditional Use Permit 02-024 was approved by the Planning Commission to authorize a martial arts studio at the subject location for a maximum of ten (10) persons. The martial arts studio tenant is planning to relocate to a bigger space at the Gateway Village center (Tustin Barn), and the applicant intends to sublease the tenant space for the proposed meeting room. Site and Surrounding Properties The site is located at the southwest corner of First Street and Newport Avenue in the Larwin Square Shopping Center. The site is bounded by offices and retail shopping center the north, commercial uses to the east, a carwash and commercial uses to the south, and commercial, office, residential uses, and City Hall complex to the west (Attachment A - Location Map). The site is designated as Planned Community Commercial/Business, located in Planning Unit 4 of Subarea 3 of the First Street Specific Plan (FSSP), and is designated Commercial as Primary Use which provides for a variety of retail and service businesses. Project Description The Common Ground Interfaith Spiritual Center is a non-profit group with a proposed use that focuses on community outreach to help other qualifying non-profit groups such as the Orange County Rescue Mission, Human Options, Orange Elderly Services, Mary's Kitchen, Seeds of Light, Orange County Interfaith Coalition for the Environment, Veterans First, Orange County Child Abuse Center, Think Together, etc. In addition, Common Ground also holds gatherings for meditation, prayer, and spiritual direction with average attendance between eight (8) to twelve (12) adults. The proposed tenant space where Common Ground wishes to locate is approximately 1,100 square feet in size and consists of a typical commercial storefront with a restroom and a storage room. The hours of operations are proposed as follows: Monday and Friday: Tuesday through Thursday: Saturday: Sunday: 9:00 a.m. to 5:00 p.m. 9:00 a.m. to 9:00 p.m. 5:00 p.m. to 7:00 p.m. 9:00 a.m. to 1 :00 p.m. Planning Commission Report UD 05-002 and CUP 05-025 August 22, 2005 Page 3 USE DETERMINATION The FSSP does not list a meeting room as a permitted, conditionally permitted, or prohibited use. Section III.C.6 of the FSSP authorizes the Planning Commission through a Use Determination process to determine whether or not the proposed unlisted use is: a) consistent with the overall intent of the planning unit; and, b) consistent with other listed permitted or conditionally permitted uses in the planning unit. The FSSP is divided into three (3) sub-areas containing thirty (30) planning areas. Of the thirty (30) planning areas, twenty (20) are designated Commercial, eight (8) Offices, one (1) Residential, and one (1) Hotel. As mentioned previously the site is designated Commercial and is located within Subarea 3 of the FSSP which consists of Commercial, Office, and Residential land use designations. The proposed meeting room could be considered similar to an assembly use or theater, which are listed as conditionally permitted uses in the Commercial designation of the FSSP. In addition, churches, convents monasteries, and other religious institutions are listed as conditionally permitted uses in the Office designation of the FSSP (Office designation is one of the land use designations in Subarea 3). Therefore, staff believes that Planning Commission support for the placement of the proposed use at the proposed location would be consistent with the overall intent of the designated planning unit and consistent with other listed uses in the planning unit and subarea. As with other similar conditionally permitted uses, future proposals would be reviewed on a case-by-case basis with specific circumstances related to that project including, but not limited to, hours of operation, parking, noise, etc. An approval of the use determination could be supported by the following findings: 1) The proposed use is consistent with the overall intent of the Commercial as Primary Use designation and Sub-area 3 of the FSSP, which is to maintain and perpetuate a mix of commercial, offices, and residential uses. 2) The proposed use is consistent with other uses listed within the Commercial as Primary Use designation in that meeting rooms to conduct outreach activities and gatherings for meditation, prayer and spiritual direction would be similar to other conditionally permitted assembly uses in the FSSP, such as theaters. 3) As typically required for assembly facilities throughout the City, the proposed use would be required to provide one (1) parking space per three (3) persons to ensure sufficient parking is provided for the proposed use. 4) To ensure compatibility, proposals would be reviewed on a case-by-case basis and are subject to the conditional use permit process and public noticing requirements. Planning Commission Report UD 05-002 and CUP 05-025 August 22, 2005 Page 4 CONDITIONAL USE PERMIT Parking Based on the parking demand analysis that was prepared for the Larwin Square shopping center on February 27, 2001, the proposed tenant space was allocated 3.56 parking spaces. Given the recommended parking of one (1) parking space per three persons for typical assembly uses, a maximum of ten (10) persons can be accommodated. While the applicant initially indicated that average attendance associated with the proposed use would be between eight (8) to twelve (12) persons, rather than preparing a new parking demand analysis, the applicant subsequently decided to propose a maximum of ten (10) persons in the facility at one time. Condition 3.2 of Resolution No. 3990 (Attachment C) limits the maximum of ten (10) persons at any given time and provides for future expansion of services through an administrative approval of a new parking demand analysis. With adherence to this condition, no parking impacts are anticipated. Findings In determining whether to approve the Conditional Use Permit, the Planning Commission must determine whether or not the proposed use will be detrimental to the health, safety, morals, comfort, and general welfare of the persons residing in or working in the neighborhood or whether it will be injurious or detrimental to property or improvements in the vicinity or to the welfare of the City. A decision to approve this request may be supported by the following findings: 1) The proposed use is authorized with the approval of Use Determination 05-002 by the Planning Commission on August 22, 2005. 2) The proposed use would be located in an existing 1,100 square foot tenant space located in a large shopping center and, as conditioned, would not be detrimental to surrounding properties in that the hours of operation, number of participants, and scope of operations for the proposed meeting room would be compatible and consistent with the commercial retail uses in the center and nearby properties, and all operations would be conducted inside the building with closed doors. 3) The proposed use is not. anticipated to result in parking impacts since the total number of attendance would be limited to ten (10) persons based upon the available on-site parking using the ratio of one (1) parking space for every three (3) persons, which is the typical ratio used for assembly uses throughout the City. 4) The proposed use will not be detrimental to the surrounding properties in that the hours of operation would be from 9:00 a.m. to 5:00 p.m. Monday and Friday; 9:00 Planning Commission Report UD 05-002 and CUP 05-025 August 22, 2005 Page 5 a.m. to 9:00 p.m. Tuesday through Thursday; 5:00 p.m. to 7:00 p.m. Saturday; and 9:00 a.m. to 1 :00 p.m. Sunday., which is consistent with the general business hours of other businesses within the surrounding vicinity. Staff recommends that that the Planning Commission adopt Resolution Nos. 3989 and 3990 approving Use Determination 05-002 to establish a meeting room as a conditionally permitted use in the "Commercial as Primary" designation of the First Street Specific Plan and Conditional Use Permit 05-025 to conditionally permit the use for up to ten (10) persons at any given time in an existing tenant space located at 624 E. First Street. 17> ~ ~ 0/"'- Dana Ogdon Assistant Director Attachments: Attachment A - Location Map Attachment B - Submitted Plans Attachment C - Resolution Nos. 3989 and 3990 S:\CddlPCREPORT\2005\CUP 05-025 (Common Ground).doc Attachment A Location Map LOCATION MAP .00 PROJECT NO. ADDRESS Ø:l4 E. rlR5T przo..J~\ 61,~ ua- --....- -...-- / Attachment B Submitted Plans 'J ii, G\TE -PJ-A N ----..-.---.-.-.----. ------..---.... --.- -----.--..-----------.... ------ - -~----- .-' -.--. .." .-. ,-, ....... .- ._-, ..._-, .._, :: . --I - ---V" --.Vl....- - ._- .----.-,- ... I ¡ I I L ¿ -¡ I I ¡ I I I I : ! ./ /'-1 I I ¡ I I I I , I I ! ,--I,~- I I I . . I '1' 1- c.~',......, '1--':" . *ri II i cO I LJ I ¡ I r -~~L--, ~. I I I i I I I I SCALE: I/ð" :: 1'.0" i[ I . .. '-'-".-. LAR\V1N SQUARB 624 1 ST ST1UœT TUSTIN, CALlPOItNIA .- , ~US~L!. STOUT. ASSOCIA 1rS~ ~o'n[tllN . Pl.AhIIIMi . III'IJCIIIf ; 0., - ~.,'tR~.'= IISe.SI!.aI1 I'll .-- --- -- "---.- -.,-- - ----'--"--'--. ::'~ ~ "'"~i;;!"'~:.!~...i""'.'~' .. '."~."."-'-'~'- . --...., Attachment C Resolution Nos. 3989 and 3990 RESOLUTION NO. 3989 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING USE DETERMINATION 05-002 TO ALLOW THE ESTABLISHMENT OF A MEETING ROOM AS A CONDITIONALLY PERMITTED USE IN THE COMMERCIAL AS PRIMARY DESIGNATION OF THE FIRST STREET SPECIFIC PLAN WITH A MINIMUM OF ONE (1) PARKING SPACE PER THREE (3) PERSONS The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application for Use Determination 05-002 was filed by Judy DePrete, on behalf of Common Ground Interfaith Spiritual Center, Inc. to request a use determination from the Planning Commission for the establishment of a meeting room at 624 E. First Street more specifically described as Assessor Parcel Number 401-601-01. B. According to the First Street Specific Plan (FSSP), a meeting room is not a listed use in the Commercial land use designation and requires approval of a Use Determination by the Planning Commission as stated in Section III C (6) of the FSSP. C. That a public hearing was duly called, noticed, and held for Use Determination 05-002 in conjunction with Conditional Use Permit 05-025 on August 22,2005, by the Planning Commission. D. The Planning Commission finds that approval of a Use Determination to allow a meeting room as a conditionally permitted use in the FSSP, Commercial as Primary Use designation can be supported by the following findings: 1) The proposed use is consistent with the overall intent of the Commercial as Primary Use designation and Sub-area 3 of the FSSP, which is to maintain and perpetuate a mix of commercial, offices, and residential uses. 2) The proposed use is consistent with other listed uses within the Commercial as Primary Use designation in that meeting rooms to conduct outreach activities and gatherings for meditation, prayer and spiritual direction would be similar to other conditionally permitted assembly uses in the FSSP, such as theaters. 3) As typically required for assembly facilities throughout the City, the proposed use would be required to provide one (1) parking space Resolution No. 3989 Page 2 per three (3) persons to ensure sufficient parking are provide for the proposed use. 4) To ensure compatibility, proposals would be reviewed on a case-by- case basis and are subject to the conditional use permit process and public noticing requirements. E. That this project is categorically exempt pursuant to Section 15301 (Class 1) of the California Environmental Quality Act. II. The Planning commission hereby approves Use Determination 05-002 to allow a meeting room as a conditionally permitted use in the Commercial designation of the FSSP with a minimum of one (1) parking space for every three (3) persons. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 22nd day of August, 2005. JOHN NIELSEN 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 Planning Commission of the City of Tustin, California; that Resolution No. 3989 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 22nd day of August, 2005. ELIZABETH A. BINSACK Planning Commission Secretary RESOLUTION NO. 3990 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 05-025 FOR THE ESTABLISHMENT OF A MEETING ROOM WITHIN AN EXISTING TENANT SPACE LOCATED AT 624 E. FIRST STREET. The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. B. That a proper application for Conditional Use Permit 05-025 was filed by Judy DePrete, on behalf of Common Ground Interfaith Spiritual Center, Inc. requesting authorization to establish a meeting room to conduct outreach activities and hold gatherings for meditation, prayer, and spiritual direction within an existing tenant space in the Larwin Square shopping center located at 624 E. First Street more specifically described as Assessor Parcel Number 401-601-01. The General Plan Planned Community Commercial/Business land use designation provides for a variety of commercial and office uses associated with the perspective planned community districts or specific plans. 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. C. According to Use Determination 05-002, approved by the Planning Commission on August 22,2005, a meeting room is conditionally permitted in the Commercial as Primary Use designation of the First Street Specific Plan (FSSP). D. That a public hearing was duly called, noticed, and held for Conditional Use Permit 05-025 on August 22, 2005, 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 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) The proposed use is authorized with the approval of Use Determination 05-002 by the Planning Commission on August 22, 2005. Resolution No. 3990 Page 2 2) F. The proposed use would be located in an existing 1,100 square foot tenant space located in a large shopping center and, as conditioned, would not be detrimental to surrounding properties in that the hours of operation, number of participants, and scope of operations for the proposed meeting room would be compatible and consistent with the commercial retail uses in the center and nearby properties, and all operations would be conducted inside the building with closed doors. 3) The proposed use is not anticipated to result in parking impacts since the total number of attendance would be limited to ten (10) persons based upon the available on-site parking using the ratio of one (1) parking space for every three (3) persons, which is the typical ratio used for assembly uses throughout the City. 4) The proposed use will not be detrimental to the surrounding properties in that the hours of operation would be from 9:00 a.m. to 5:00 p.m. Monday and Friday; 9:00 a.m. to 9:00 p.m. Tuesday through Thursday; 5:00 p.m. to 7:00 p.m. Saturday; and 9:00 a.m. to 1 :00 p.m. Sunday., which is consistent with the general business hours of other businesses within the surrounding vicinity. 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). The Planning Commission hereby approves Conditional Use Permit 05-025 authorizing the establishment of a meeting room to conduct outreach activities and hold gatherings for meditation, prayer, and spiritual direction within an existing tenant space located at 624 E. First Street, subject to the conditions contained within exhibit A, attached hereto. II. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 22nd day of August, 2005. JOHN NIELSEN Chairperson ELIZABETH A. BINSACK Planning Commission Secretary Resolution No. 3990 Page 3 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. 3990 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 22nd day of August, 2005. ELIZABETH A. BINSACK Planning Commission Secretary GENERAL (1 ) 1.1 (1 ) 1.2 (1 ) 1.3 (1 ) 1.4 (1 ) EXHIBIT A RESOLUTION NO. 3990 CONDITIONAL USE PERMIT 05-025 CONDITIONS OF APPROVAL The proposed project shall substantially conform with the submitted plans for the project date stamped, August 22, 2005, 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. 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. All conditions in this Exhibit shall be complied with subject to review and approval by the Community Development Department. Approval of Conditional Use Permit 05-025 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. 1.5 Any violation of any of the conditions imposed is subject to the payment of a civil penalty of $100.00 for each violation, or such other amounts as the City Council may establish by ordinance or resolution, and for each day the violation exists, subject to the applicable notice, hearing, and appeal process as established by the City Council ordinance. SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODEIS (4) DESIGN REVIEW *** EXCEPTIONS (5) (6) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY Exhibit A Resolution No. 3990 Page 2 (1 ) 1.6 (1 ) 1.7 (***) 1.8 As a condition of approval of Conditional Use Permit 05-025, 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. 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. Conditional Use Permit 05-025 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. PLAN SUBMITTAL (3) (3) 2.1 Vehicle parking, the primary entrance to the building, primary paths of travel, cashier space, sanitary facilities, drinking fountain, and public telephones shall be accessible to persons with disabilities. 2.2 The applicant shall obtain a building permit prior to any tenant improvements, if applicable. USE RESTRICTIONS (***) (***) 3.1 The use of the tenant space shall be limited to a meeting room to conduct outreach activities and hold gatherings for meditation, prayer, and spiritual direction. 3.2 The maximum number of clients and instructors within the facility shall be ten (10) persons based upon the available amount of parking in the center, at a ratio of one (1) parking space per three (3) persons. The property owner or business owner may submit a written request, with supporting documentation warranting an increase in the number of persons, to the Community Development Director for an administrative amendment to the Conditional Use Permit. Exhibit A Resolution No. 3990 Page 3 (1 ) (1 ) (1 ) (1 ) (1 ) 3.3 3.4 3.5 FEES (2) The hours of operation for the meeting room may be from 9:00 a.m. to 5:00 p.m. Monday and Friday; 9:00 a.m. to 9:00 p.m. Tuesday through Thursday; 5:00 p.m. to 7:00 p.m. Saturday; and 9:00 a.m. to 1 :00 p.m. Sunday. Any change to the hours of operation shall be reviewed by the Community Development Department and may be approved if no adverse impacts are anticipated. All required exit doors and path shall remain open and unobstructed during business hours. The property shall be maintained in a safe, clean, and sanitary condition at all times. The applicant and the property owner shall be responsible for the daily maintenance and up-keep of the facility, including but not limited to, trash removal and maintenance of the facility. 3.6 No congregation and loitering outside the building shall be permitted. 3.7 If a noise or parking problem is observed by a representative of the City, the applicant shall submit a study prepared by a professional noise or traffic engineer and perform or install interim and permanent mitigation measures. 4.1 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 forty-three dollars ($43.00) 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.