HomeMy WebLinkAbout03 CUP 05-042
ITEM #3
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Report to the
Planning Commission
DATE:
SUBJECT:
APPLICANT:
PROPERTY OWNER:
LOCATION:
ZONING:
GENERAL PLAN:
ENVIRONMENTAL
STATUS:
REQUEST:
RECOMMENDATION
JULY 10, 2006
CONDITIONAL USE PERMIT 05-042
DARUL-FALAH, INC.
14272 CHAMBERS ROAD
TUSTIN, CA 92780
ATTN: MAZHAR ZUBAIRI
DARUL-FALAH, INC.
14712 BENTLEY CIRCLE
TUSTIN, CA 92780
ATTN: MAZHAR ZUBAIRI
14712 BENTLEY CIRCLE
PLANNED COMMUNITY INDUSTRIAL (PC-IND)
PLANNED COMMUNITY COMMERCIAU BUSINESS
THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS
1) PURSUANT TO THE PROVISIONS OF SECTION
15301 OF THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT
AUTHORIZATION TO UTILIZE AN APPROXIMATELY
3,690 SQUARE FOOT TENANT SPACE OF AN
EXISTING 12,000 SQUARE FOOT BUILDING FOR A
RELIGIOUS FACILITY WITHIN A PLANNED
COMMUNITY INDUSTRIAL ZONING DISTRICT
That the Planning Commission adopt Resolution No. 4028 approving Conditional Use
Permit 05-042 allowing a religious organization to occupy approximately 3,690 square
feet of an industrial building to conduct administrative activities, study sessions, and
prayer activities.
PLANNING COMMISSION REPORT
CUP 05-042
JULY 10, 2006
Page 2
BACKGROUND
According to City records, in 2001 Darul-Falah, Inc. was located on 2681 Dow Avenue,
Suite C-2. In 2002, the organization relocated to 14272 Chambers Road and operated
under Conditional Use Permit 95-001 and Variance 95-008. In November 2005, Darul-
Falah relocated to and purchased the property at 14712 Bentley Circle and at this time
wishes to obtain approval to provide religious services within a proposed 3,692 square
foot tenant space in an existing industrial building located at 14712 Bentley Circle. The
project site is located within the Irvine Industrial Complex Planned Community District.
In accordance with Planning Commission Resolution No. 3591 (Guidelines for Religious
Uses in Industrial Districts), approval of a conditional use permit is required for a
religious facility to locate within industrial zoning districts.
DISCUSSION
Site and Surrounding Properties
The proposed religious use would occupy a 3,692 square foot tenant space within an
approximately 12,000 square foot industrial building. The project site is located at the
end of a cul-de-sac, south of Walnut Avenue (Attachment A - Vicinity Map). The
property is within the Irvine Industrial Complex Planned Community District (PC-IND)
and is surrounded by office/industrial uses on all sides except for an assembly use for
gymnastics located across the street from the project site at 14761 Bentley Circle.
Proposal
The existing building is currently used for office and warehousing. The applicant is
proposing to modify the existing tenant space as follows (Attachment B - Proposed Site
Plan / Proposed Floor Plan):
Use Type
Manufacturing
Warehouse
Office
Assembly
Total
Size
2,510 square feet
5,254 square feet
640 square feet
3,052 square feet
11 ,456 square feet
Tenant
Vacant
True North-America
Darul-Falah
Darul-Falah
The proposed 3,692 square foot religious facility would include areas for administrative
purposes, prayer service, and study sessions between 6:00 AM and 2:30 PM daily. The
peak assembly uses will be during Friday afternoon prayer sessions from 1 :00 PM to
3:00 PM. The applicant has indicated that use of the office space will not occur during
peak assembly use, specifically during Friday afternoon prayer sessions.
PLANNING COMMISSION REPORT
CUP 05-042
JULY 10, 2006
Page 3
Service Time Number of Participants
Reaular Business 6:00 AM - 2:30 PM 15 - 30
Fridav Afternoon Prayer 1 :00 PM - 3:00 PM 69
Parking and Traffic
There are thirty (30) existing parking spaces on the site. The applicant proposes to
provide a total of thirty-three (33) parking spaces. The parking summary for the site is a
follows:
Use Type Parkina Ratio Spaces Reauired
Manufacturing 1 : 500 sq. ft. 5
Warehouse 1 : 1000 sq. ft. 5
Office 1 : 250 sq. ft 3
Assembly 1 : 3 persons 20
Total 33
Only twenty (20) parking spaces are currently allocated for the proposed assembly
uses. However, the applicant has worked with staff and the applicant has agreed to
vacate the offices during assembly uses. This arrangement means that the three (3)
parking spaces allocated for office uses may be allocated toward assembly uses.
Therefore, a total of 23 parking spaces would be available during Friday afternoon
prayer sessions and other assembly uses.
In accordance with the parking requirements for religious uses in industrial districts
(Resolution No. 3591), one parking space per every three (3) seats or one parking
space per 35 square feet (when seating is not fixed) is required. The proposed services
do not include seats for praying. However, considering a proposed availability of
twenty-three (23) parking spaces for Friday Afternoon Prayer uses, the maximum
assembly occupancy would be limited to the proposed sixty-nine (69) persons.
The "peak" trip ends generated by the proposed religious facility are generally greater
than an industrial use, but the religious use does not occur during the commuter peak
hours. In addition, since Bentley Circle is a relatively short cul-de-sac street, the
increased traffic during the non-commuter peak is not expected to result in significant
traffic impacts. Facility operations during non-peak hours are consistent with an
industrial use and no significant traffic increases are anticipated to result from the
operation of this portion of the project.
Compatibility
Planning Commission Resolution No. 3591 establishes Guidelines for Religious Uses in
Industrial Districts. The Guidelines encourage a minimum distance of 1,200 feet as
"desirable" between two religious facilities (Section 11.0.1). Based on the City's records,
PLANNING COMMISSION REPORT
CUP 05-042
JULY 10, 2006
Page 4
the closest religious use at 14451 Franklin is located approximately 1,100 feet from the
project site. The religious facility at 14451 Franklin is approximately 28,000 square feet
and has approximately 150 attendants.
The project site is located south of Walnut Avenue, while 14451 Franklin Avenue is
north of Walnut Avenue. Although the proposed religious facility is closer than 1,200
feet to an existing religious facility at 14451 Franklin Avenue, the potential traffic and
parking impacts associated with the religious uses are not much of a concern due to its
physical location across Walnut Avenue. In addition, according to the Traffic
Engineering Division, the project site peak hours will not occur during commuter peak
hours and the increased traffic during this time is not expected to result in significant
traffic impacts.
As noted in the Guidelines, the proposed religious services such as administrative
meetings, holiday gatherings, and religious study sessions can be considered as types
of services associated with a religious use. The size, nature of the use, and the hours
of operation of the proposed services appear to be compatible with other
office/warehouse uses in the complex.
ANALYSIS
In determining whether to approve the Conditional Use Permit, the Planning
Commission must determine if 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) That pursuant to Planning Commission Resolution No. 3591, religious facilities
are conditionally permitted in the Planned Community - Industrial (PC-IND)
Zoning District;
2) Although the proposed religious facility is located approximately 1,100 feet from
the nearest church use (less than the desired 1,200 feet separation distance
noted in the Guidelines for Religious Uses in Industrial Districts), the project site
is separated from the nearest church use by Walnut Avenue, and thereby creates
two distinct traffic circulation patterns, ingress and egress points, and diminishes
the potential traffic and parking impacts associated with an over-concentration of
religious facilities.
3) As conditioned, the number of participants, types of activities, and hours of
operation would be compatible with the neighboring light industrial, office, and
PLANNING COMMISSION REPORT
CUP 05-042
JULY 10, 2006
Page 5
warehouse uses, and the applicant would be required to notify the City of any
changes to the use of the facility.
4) The use is proposed to require the vacancy of the office spaces when religious
events occur in the assembly space. As conditioned, the proposed use would
not result in any parking impacts because the maximum number of persons will
be limited to sixty-nine (69) persons at any given time based upon the parking
ratio of one (1) parking space per every three (3) persons and the twenty-three
(23) parking spaces allotted to the tenant space. The Traffic Engineering Division
has reviewed the proposed business and has concluded that there will be no
adverse traffic impacts and there is sufficient parking and street capacity to
support the proposed project.
5) According to the Traffic Engineer Division, the project site peak hours will not
occur during commuter peak hours, the increased traffic during this time is not
expected to result in significant traffic impacts, and facility operations during non-
peak hours are consistent with an industrial use. No significant increases are
anticipated to result from non-peak operations.
6) As conditioned, the existing level of service of Bentley Circle and Walnut Avenue
would not be impacted by the proposed use. Should there be a traffic deficiency
as a result of this use, the property owner and applicant will be required to
prepare a formal parking or traffic study and implement mitigation measures
required by the City.
7) The proposed use would not have any aesthetic impacts to the area since no
exterior modifications are proposed.
&(l0KtP~
E eftne Villanueva
Assistant Planner
'D~ ~~ -&.r
Elizabeth A. . ack
Community Development Director
Attachments:
A.
B.
C.
D.
Location Map
Proposed Site Plan / Proposed Floor Plan
Resolution No. 4028
Resolution No. 3591
S:\CddlPCREPOR1\2006\CUP 05-042 PCRpt (Darul-Falah).doc
Attachment A
Location Map
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Conditional Use Permit 05-042
14712 Bentley Circle
Attachment B
Proposed Site Plan
Proposed Floor Plan
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Attachment C
Planning Commission
Resolution No. 4028
RESOLUTION NO. 4028
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT
05-042 AUTHORIZING THE USE OF AN INDUSTRIAL
BUILDING FOR RELIGIOUS SERVICES FOR UP TO SIXTY-
NINE (69) PERSONS WITHIN A PROPOSED 3,692 SQUARE
FOOT TENANT SPACE AT 14712 BENTLEY CIRCLE.
The Planning Commission does hereby resolve as follows:
I. The Planning Commission finds and determines as follows:
A. That a proper application, Conditional Use Permit 05-042, was submitted
by Mazhar Zubairi on behalf of Darul-Falah, Inc., requesting authorization
to establish a religious facility with a maximum of sixty-nine (69) persons
within a proposed 3,692 square foot tenant space located at 14712
Bentley Circle.
B. That the project site is located within the Planned Community - Industrial
(PC-IND) Zoning District and is designated as Planned Community
Commercial/Business by the City's General Plan which provides for a
mixture of activities permitted within the Community Commercial,
Professional Office, and Industrial land use designations, including
religious facilities. 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 of the City's General Plan;
C. That pursuant to Planning Commission Resolution No. 3591, religious
facilities are conditionally permitted in the Planned Community - Industrial
(PC-IND) Zoning District;
D. That a public hearing was duly called, noticed, and held for said
application on July 10, 2006, 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 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, or to the general welfare of the City of Tustin in
that:
1. Although the proposed religious facility is located approximately
1,100 feet from the nearest church use (less than the desired 1,200
Resolution No. 4028
Page 2
feet separation distance noted in the Guidelines for Religious Uses
in Industrial Districts), the project site is separated from the nearest
church use by Walnut Avenue, and thereby creates two distinct
traffic circulation patterns, ingress and egress points, and
diminishes the potential traffic and parking impacts associated with
over-concentration of religious facilities.
2. As conditioned, the number of participants, types of activities, and
hours of operation would be compatible with the neighboring light
industrial, office, and warehouse uses, and the applicant would be
required to notify the City of any changes to the use of the facility.
3. The proposed use, as conditioned, would not result in any parking
impacts because the maximum number of persons will be limited to
sixty-nine (69) persons at any given time based upon the parking
ratio of one (1) parking space per every three (3) persons and the
twenty-three (23) parking spaces allotted to the tenant space. The
Traffic Engineering Division has reviewed the proposed business
and has concluded that there will be no adverse traffic impacts and
there is sufficient parking and street capacity to support the
proposed project.
4. According to the Traffic Engineering Division, the project site peak
hours will not occur during commuter peak hours, the increased
traffic during this time is not expected to result in significant traffic
impacts, and facility operations during non-peak hours are
consistent with an industrial use. No significant increases are
anticipated to result from non-peak operations.
5. As conditioned, the existing level of service of Bentley Circle and
Walnut Avenue would not be impacted by the proposed use.
Should there be a traffic deficiency as a result of this use, the
property owner and applicant will be required to prepare a formal
parking or traffic study and implement mitigation measures required
by the City.
6. The proposed use would not have any aesthetic impacts to the
area since no exterior modifications are proposed.
F. That the project is Categorically Exempt pursuant to Section 15301(a),
Class 1 of the California Code of Regulations (Guidelines for the California
Environmental Quality Act).
II. The Planning Commission hereby approves Conditional Use Permit
05-042 authorizing the establishment of a Religious Facility with a maximum of
Resolution No. 4028
Page 3
sixty-nine (69) persons and within a proposed 3,692 square foot tenant space
located at 14712 Bentley Circle, 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 10th day of July 2006.
BRETT FLOYD
Chairperson Pro Tem
ELIZABETH 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 the Resolution No. 4028 was
duly passed and adopted at a regular meeting of the Tustin Planning Commission, held
on the 10th day of July 2006.
ELIZABETH BINSACK
Planning Commission Secretary
GENERAL
(1) 1.1
(1) 1.2
(1) 1.3
(1) 1.4
EXHIBIT A
RESOLUTION NO. 4028
CONDITIONAL USE PERMIT 05-042
CONDITIONS OF APPROVAL
The proposed project shall substantially conform with the Tustin City
Code and Tustin guidelines and standards and be consistent with
submitted plans for the project date stamped July 10, 2006, 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.
Unless otherwise specified, the conditions contained in this Exhibit shall
be complied with as specified or prior to the issuance of any building
permits for the project, subject to review and approval by the Community
Development Director.
This approval shall become null and void unless the use is established
within six (6) 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.
Approval of Conditional Use Permit 05-042 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.
SOURCE CODES
(1) STANDARD CONDITION
(2) CEQA MITIGATION
(3) UNIFORM BUILDING CODES
(4) DESIGN REVIEW
(5) RESPONSIBLE AGENCY REQUIREMENT
(6) LANDSCAPING GUIDELINES
(7) PC/CC POLICY
... EXCEPTION
Exhibit A
Resolution No. 4028
CUP 05-042
Page 2
(1)
1.5
(1 )
1.6
(1 )
1.7
(1 )
1.8
As a condition of approval of Conditional Use Permit 05-042, the
applicant shall agree at is 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 attach, 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 this sole
cost and expense, elect to participate in defense of any such actions
under this condition.
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.
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 Ordinance.
Any public improvements damaged by the applicant adjacent to this
project shall be repaired and/or replaced by the applicant as determined
by the Engineering Division and shall include but not be limited to curb,
gutter, street paving, and drive apron.
USE RESTRICTIONS
(1) 2.1
(1) 2.2
A maximum of sixty-nine (69) persons shall occupy the assembly area at
any time based upon the twenty-three (23) parking spaces provided.
Should additional parking spaces be provided, the number of persons
may be increased based on one (1) parking space for each three (3)
persons subject to review and approval by the Community Development
Director.
The hours of regular business operation shall be limited to 6:00 AM to
2:30 PM daily. Congregation for Friday Prayer Service shall take place
from 1 :00 PM to 3:00 PM on Fridays. The Community Development
Director may approve a request to modify the hours of operation if they
are deemed to be compatible with the surrounding area.
Exhibit A
Resolution No. 4028
CUP 05-042
Page 3
(1) 2.3
(1) 2.4
(1) 2.5
(1) 2.6
(1) 2.7
(1) 2.8
(1) 2.9
No concurrent office use and assembly use shall occur at any given time
without the prior approval of the Planning Commission. During assembly
uses, the following offices shall be vacated: 102, 103, 104, and 105.
No schools shall be permitted except Sunday school type activities for
which religious service is in operation, as schools are strictly prohibited
in industrial district.
All activities shall be located entirely within the enclosed building. No
congregation and/or loitering in the parking area or walkways are
allowed in association with the use.
No signs or other forms of advertising or attraction may be placed on the
site without approval from the Community Development Department.
No exterior public pay telephones, coin-operated video games, or
vending items are permitted.
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 mitigation measures to be
reviewed and approved by the Community Development Department
and/or Public Works Department. Said mitigation 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.
No change or alteration of the tenant space 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 by the Planning
Commission.
BUILDING DEPARTMENT
(c)
3.1
At the time of building permit application, the plans shall comply with the
2001 California Building Code (CBC), 2001 California Mechanical Code
Exhibit A
Resolution No. 4028
CUP 05-042
Page 4
(c)
3.2
(c)
3.3
(c)
3.4
(c)
3.5
(c)
3.6
(CMC), 2001 California Plumbing Codes (CPC), 2004 California Electrical
Code (CEC), California Title 24 Accessibility Regulations, 2005 Title 24
Energy Regulations, City Ordinances, and State and Federal laws and
regulations 2005 Edition.
Building plan check submittal shall include the following:
a. Seven (7) sets of. construction plans, including drawings for
mechanical, plumbing, and electrical.
b. A revised site plan to show adequate back-up space for the
parking stall in the south corner of the project site.
The plans submitted shall indicate that rest rooms are accessible to
persons with disabilities as per State of California Accessibility Standards
(Title 24). Plumbing fixture units are required to comply with the 2001
California Plumbing Code Chapter four (4) Table 4-1 as per type of group
occupancy, or as approved by the Building Official.
Vehicle parking, primary entrance to the building, the primary paths of
travel, cashier space, sanitary facilities, drinking fountain, and public
telephones shall be accessible to persons with disabilities and shall be
shown on the plans.
Parking for disabled persons shall be provided with an additional five (5)
foot loading area with striping and ramp; disabled persons shall be able
to park and access the building without passing behind another car. At
least one (1) accessible space shall be van accessible served by a
minimum 96-inch wide loading area.
Prior to issuance of a demolition, precise/rough grading, and/or building
permit with valuation of $50,000 or greater, the applicant shall submit for
approval by the City of Tustin, Construction & Demolition (C&D) debris
collection, disposal, and diversion information on the City-prescribed
forms.
At least 50 percent of the construction debris shall be diverted from
landfill to the recycling plants. A security deposit in the amount of $50
per ton (not to exceed $5,000 per project) for a C&D security deposit will
be collected prior to issuance of the permit. Prior to final inspection, the
applicant shall submit to the City of Tustin documents (Le. receipt from
vendor) showing actual weight or volume of each material of C&D
diverted to the recycling center. For any questions or concerns, please
contact Andrew Hoang at (714) 573-3133. (City Ordinance 1281)
Exhibit A
Resolution No. 4028
CUP 05-042
Page 5
PUBLIC WORKS / ENGINEERING DEPARTMENT
(1) 4.1
(1) 4.2
(1) 4.3
(1) 4.4
(1) 4.5
(1) 4.6
(1) 4.7
Current Federal Americans with Disabilities Act (ADA) requirements
shall be met at the drive aprons and sidewalk.
A separate 24" x 36" street improvement plan, as prepared by a
California Registered Civil Engineer, shall be required for all construction
within the public right-of-way. The applicant shall design and construct a
sidewalk along the project frontage. The applicant shall also replace any
damaged public improvements adjacent to the project.
In addition, a 24" x 36" reproducible construction area traffic control plan,
as prepared by a California Registered Traffic Engineer or Civil Engineer
experienced in this type of plan preparation, shall be required.
Any damage done to existing street improvements and utilities shall be
repaired prior to final inspection of the project.
Prior to work in the public right-of-way, an Encroachment Permit shall be
obtained from and applicable fees paid to the Public Works Department.
The applicant shall satisfy dedication and/or reservation requirements as
applicable, including but not limited to, dedication of all required street
and flood control right-of-way easements, vehicular access rights, sewer
easements and water easements defined and approved as to specific
locations by the City Engineer.
Project Recycling Requirement - The City of Tustin is required to comply
with the recycling requirements contained in the California Integrated
Waste Management Act of 1989. To facilitate the City's compliance with
this law, the Project Applicant is required to comply with Section 4327 of
the Tustin City Code which details requirements for developing and
implementing a Waste Management Plan.
Commercial Recycling:
a. The Applicant, Property Owner and/or Tenant(s) are required to
participate in the City's recycling program.
b. Prior to permits issuance, a solid waste recycling plan identifying
planned source separation and recycling programs shall be
submitted and approved by the City of Tustin Public Works
Department.
Exhibit A
Resolution No. 4028
CUP 05-042
Page 6
FEES
(c)
5.1
Prior to issuance of any permits, payment shall be made of all applicable
fees, including but not limited to, the following.
a. Building Plan Check and Permit Fees
b. Orange County Fire Authority Fees
(2) 5.2
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 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.
Attachment 0
Planning Commission
Resolution No. 3591
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RESOLUTION NO. 3591
1.
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF 11JSTIN, CALIFORNIA, REPEALING RESOLUTION NO.
2715 RELATED TO PARKING REQUIREMENTS FOR CHURCHES
IN INDUSTRIAL DISTRICTS.
The Planning Commission of the City ofTustin finds and determines as follows:
A.
That Planning Commission Resolution No. 2715, adopted on December
11, 1989, establishing policy guidelines to be followed in reviewing
conditional use permit requests for the establishment of churches in
industrial districts.
B.
That the guidelines established certain requirements for on-site parking
or parking on a contiguous site and requires approval of a variance with
consideration given to a parking demand analysis to deviate from such
requirements.
II.
That the parking demand study conclusions typically do not provide the
required findings necessary to grant a variance.
That the Variance process may not be the most appropriate mechanism
to address shared parking. The concept of shared parking would be
more appropriate to be considered through the Conditional Use Permit
process with consideration given to the conclusions of an approved
parking demand analysis.
Therefore, Resolution 2715 is hereby repealed and Resolution 3591 is adopted
to read as follows:
C.
D.
A.
That certain guidelines shall be considered by Community Development
staff and the Planning Commission when considering Conditional Use
Permit applications for establishing churches within industrial districts.
That the following guidelines shall be utilized in reviewing churches
proposed on all industrially zoned properties, including but not limited
to: Planned Industrial District (PM); Industrial District (M) and the
Planned Community - Industrial District (pC-I).
That certain information specifically related to church uses is necessary
to process Conditional Use Permits for churches in industrial districts.
In addition to the information and application forms required for all
Conditional Use Permit applications, the following additional
information is required:
B.
C.
1.
Floor plan indicating the size of rooms, location and number of
seats and the proposed use of all areas within building, including
office, classrooms, conference rooms, and assembly areas.
Site plan showing other existing uses on the site and the gross
square footage for each specific use (i.e. office, manufacturing or
warehouse).
Proposed days and hours of operation of church, church school,
bible study sessions, administrative meetings, congregational
meetings, special/holiday services and social events.
2.
3.
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Resolution No. 3591
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4. Anticipated number of persons attending all of the events and
activities noted in #3 above.
5. Hours of operation of other uses on the site.
6. Location, size and number of persons attending other churches
within 1,200 feet of the proposed church.
7. Mailing address of other tenants on site and any Master
Association.
8. A parking demand analysis and/or a traffic circulation impact
study prepared by a traffic engineer, when determined by the
Director of Community Development and the City Traffic
Engineer to be necessary.
9. When off-site contiguous parking is proposed, a listing of all
uses on the contiguous site, the gross square footage for each
specific use (i.e. office, manufacturing or warehouse) and
verification that the proposed reserved parking is above the
minimum parking required for uses on the alternative site,
That in addition to provisions contained in Section 9291 of the Tustin
City Code each Conditional Use Permit application to establish churches
on industrial zoned properties shall be reviewed based on the following
criteria:
1. The desired minimum separation distance between church uses
and between church uses, public and private schools (not part of
a church use) and hospitals shall be 1,200 feet from the exterior
property boundaries of an existing or approved church site and
existing or approved off-site parking sites utilized by said church
sites.
2. The following parking standards shall be applied to church uses:
Assembly area and foyer-
One parking space per every three seats or one per every
35 square feet of gross floor area when seating is not
designated.
Sunday school, conference and classrooms -
(if used simultaneouS with assembly area) one parking
space per every three seats or one per every 35 square
feet of gross floor area when seating is not designated.
3. Parking shall be provided on-site or on a contiguous site. If there
are multiple uses on a site, each use must meet its own parking
requirements. Consideration for shared parking to accommodate
the required on-site parking, may be given with the approval of a
Resolution No. 3591
Page 3
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conditional use pennit. A parking demand and/or traffic study
must be prepared which supports the shared parking concept
based on all uses of the property and availability of parking. If
there are specific zoning requirements for joint or shared on-site
parking, all such requirements must be met.
In the case of off-site parking, said off-site parking shall be
pennanently reserved for the church use during the appropriate
hours and shall be above the minimum parking required for all
uses on the alternative contiguous site unless a parking demand
and/or traffic study is prepared which supports a conditional use
permit application for reduction of required parking for uses on
the alternative contiguous site.
4. If off-site parking is provided, a direct pedestrian corridor and/or
sidewalk from the church use to the off-site parking site shall be
provided to eliminate the potential risks associated with
pedestrians utilizing the street for access. .
5. The proposed site is adequate in size, location and configuration
for the proposed use.
6. Proximity of the proposed church use as an assemblage of large
numbers to potential hazards such as storage of hazardous
materials.
7. While churches may be permitted on sites with multiple uses and
sites with multiple buildings depending on the location, size and
separation of buildings and .uses on the site, it is more desirable
that they be located in an entire building and on separate parcels
so potential conflicts can be avoided. Their location within
multi-tenant buildings is not desired.
That certain specific standard conditions in addition to those nonnally
applied against Conditional Use Pennits shall be required for all
churches approved to be located within industrial districts as follows:
I. The assembly and classroom areas of the church shall be limited
to (hours) on (days).
2. The maximum number of seats within the assembly areas shall
not exceed
3. If the use authorized by Conditional Use Permit is
discontinued for six (6) months, then it shall be conclusively
presumed that such use has been abandoned and the Use Permit
will be deemed expired.
4. If at anytime in the future a tenant or customer advises the City
that a parking and/or traffic problem exists on the site or in the
vicinity as a result of the church use, or if any of the permitted
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Resolution No. 3591
Page 4
llSes of the district need the uses of their required parking at
times that the church is operating and using the parking, then the
Director of Conmlllllity Development may require the property
owner/church to prepare a parking demand analysis and/or traffic
study. If said study indicates that there is inadequate parking or
a traffic problem, the applicant shall be required to provide
mitigation measures to be reviewed and approved by the
Planning Commission. Said mitigation may include the
following:
a.
Establish alternative hours of operation.
b.
Restrict the maximum number of seats and/or increase
the number of services.
5.
Secure off-site parking from adjacent property owners.
(In the event of a parking variance in conjunction with a'
church Conditional Use Permit use.)
The church and property owner shall sign and return an
Agreement to Conditions Imposed form.
c.
6.
All activities shall be located entirely within the enclosed
building.
All regulations of the Uniform Building Code and the Fire
Department regarding assembly occupancy classification, fire
rating and exiting standards shall be met
7.
8.
Ill.
No schools shall be permitted except Sunday school type
activities while the church is in operation as schools arc strictly
prohibited in industrial districts.
The Planning Commission hereby approves the policy guidelines to be followed
when considering Conditional Use Permit applications for establishing churches
in Industrial Districts.
PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a
regular meeting on the 11th day of May , 1998.
~~~~u..~
IZABETH B SACK
Secretary
HOW
Chairman
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Resolution No. 3591
Page 5
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, KATHY MARTIN, the undersigned, hereby certify that I am the Recording Secretary
of the Planning Commission of the City of Tustin, California; that Resolution No. 3591,
was duly passed and adopted at a regular meeting of the Tustin Planning Commission,
held on the 11 th day of May, 1998.
~~,
KA MARTIN
Recor g Secretary