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HomeMy WebLinkAboutPC RES 3990 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. 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. B. 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 4) F. 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. 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). II. 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. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 22nd day of August, 2005. JOH IELSEN Chairperson ~~~ ELIZABETH A. BINSACK Planning Commission Secretary e----, I I I 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. a~M~£! ELIZABETH A. ~SACK Planning Commission Secretary GENERAL (1 ) 1.1 (1 ) 1.2 (1 ) 1.3 (1 ) 1.4 (1 ) 1.5 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. 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 CODE/S (4) DESIGN REVIEW *** EXCEPTIONS (5) (6) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY Exhibit A Resolution No. 3990 Page 2 (1 ) (1 ) (***) 1.6 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 2.2 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. 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 ) FEES (2) 3.3 3.4 3.5 3.6 3.7 4.1 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. No congregation and loitering outside the building shall be permitted. 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. 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.