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HomeMy WebLinkAboutPC RES 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. BRitof!;f Chairperson Pro Tem ~~d ~~ 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. &~k:L ~0~ 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 restrooms 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 Current Federal Americans with Disabilities Act (ADA) requirements shall be met at the drive aprons and sidewalk. (1 ) 4.2 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. (1 ) 4.3 Any damage done to existing street improvements and utilities shall be repaired prior to final inspection of the project. (1 ) 4.4 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. (1 ) 4.5 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. (1 ) 4.6 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. (1 ) 4.7 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.