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Home My WebLink AboutPC RES 4533Docusign Envelope ID: AB24E119-3CA4-462D-ADA5-B62644029561 RESOLUTION NO. 4533 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 2023-0014 TO OPERATE AN ASSEMBLY USE IN AN EXISTING MULTI -TENANT BUILDING AT 155 EL CAMINO REAL, SUITE 200 AND ESTABLISH JOINT -USE PARKING AT 150 EL CAM I NO REAL The Planning Commission of the City of Tustin, California, does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That a proper application, Conditional Use Permit (CUP) 2023-0014, has been submitted by Terry Dixon, requesting to operate an assembly use with administrative uses in an existing multi -tenant building at 155 El Camino Real, Suite 200 (APN 401-583-17) and establish joint -use parking at 150 El Camino Real (APN 401-571-15). B. That pursuant to the Downtown Commercial Core Specific Plan (DCCSP) Section 3.1 Commercially Permitted Uses, assembly uses require approval of a CUP. C. That pursuant to Tustin City Code (TCC) Section 9264a, parking facilities may be used jointly for non-residential uses with different peak hours of operation with the approval of a CUP. D. That the site is zoned as Specific Plan 12 (SP 12)- Downtown Commercial Core and has a Land -use designation of DCCSP. 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. E. That a public hearing was duly called, noticed, and held on said application on August 26, 2025, by the Planning Commission. F. 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, in that: That DCCSP Section 3.1 Commercially Permitted Uses authorizes assembly uses in the DA-4 of DCCSP (SP-12). 2. The assembly use is consistent with other uses in the general vicinity and would occupy a second -floor tenant space, reserving ground floor tenant spaces for commercial uses. As proposed, the use would complement other uses in the general vicinity and is consistent with the Docusign Envelope ID: AB24E119-3CA4-462D-ADA5-B62644029561 Resolution No. 4533 Page 2 key components of Urban Design Plan of DA-4 of the DCCSP, which is to expand the range of businesses in the area. 3. That TCC Section 9264a authorizes joint -use parking for non-residential uses with different peak hours of operation with approval of a CUP. 4. A Parking Study Report, dated May 12, 2025, was prepared by a licensed traffic engineer (Jende Hsu, T.E. of K2 Traffic Engineering, Inc.) in accordance with TCC Section 9264. 5. The Parking Analysis has been reviewed and accepted by the City's Traffic Engineer for methodology and accuracy. 6. That the joint -use parking property at 150 El Camino Real is a commercial office building located across the street from the proposed church and currently has 71 parking spaces, of which, 57 are available for use by the applicant on Sundays when offices and business are not in operation. The use of parking spaces on Sundays only for the proposed assembly use will not create a conflict during the peak parking hours of the commercial office uses. 7. Public sidewalks, including a signalized crossing are available to provide pedestrian access between the project site and the joint parking location. 8. That the proposed use, as conditioned, will not have a negative effect on surrounding properties, or impact traffic based on the availability of parking in that sufficient parking would be available on -site on and off - hours. G. This project is Categorically Exempt pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15301 (Class 1 — Existing Facilities) in that the project site is an existing facility and involves minor alterations to the interior of the building and no expansion to an existing use. II. The Planning Commission hereby approves CUP 2023-0014 authorizing the operation of an assembly use with administrative uses in an existing multi -tenant building at 155 El Camino Real, Suite 200 and establish joint -use parking at 150 El Camino Real, subject to the conditions contained within Exhibit A attached hereto. Docusign Envelope ID: AB24E119-3CA4-462D-ADA5-B62644029561 Resolution No. 4533 Page 3 PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 26th day of August, 2025. Signed by: E cs 5.104 49EF9FCDA908491... ALEXA SMITTLE Planning Commission Secretary APPROVED AS TO FORM- EhSigned by: t6d yatl-k 343ADCC695E946B... MICHAEL DAUDT Assistant City Attorney STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTI N ) Signed by: 234696BE503D4DE... TANNER DOUTHIT Chairperson I, Alexa Smittle, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4533 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 26th day of August, 2025. PLANNING COMMISSIONER AYES: PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: Signed by: E ka 5.10 49EF9FCDA908491... ALEXA SMITTLE Planning Commission Secretary Douthit, Kozak, Mason, Mello (4) Docusign Envelope ID: AB24E119-3CA4-462D-ADA5-B62644029561 EXHIBIT A CONDITIONAL USE PERMIT 2023-0014 CONDITIONS OF APPROVAL 155 EL CAMINO REAL TCC SECTION GENERAL COMPLETE ( RESPONSIBLE DEPT 9291(d) 1.1 The proposed use shall substantially conform to the project description and Ongoing Planning submitted plans for the project date stamped August 26, 2025, on file with the Community Development Department, except as herein modified, or as modified by the Community Development Director in accordance with this Exhibit. The Community Development Director may also approve minor modifications during plan check if such modifications are to be consistent with the provisions of the Tustin City Code (TCC) and other applicable codes. 9293(b) 1.2 This approval shall become null and void unless the use is established within twelve Ongoing Planning (12) months of the date of this Exhibit. Time extensions may be granted if a written request and associated fee are received by the Community Development Department within thirty (30) days prior to expiration. 9291(a) 1.3 Unless otherwise specified, the conditions contained in this Exhibit shall be Ongoing Planning complied with as specified, subject to review and approval by the Community Development Department. *** 1.4 Approval of Conditional Use Permit (CUP) 2023-0014 is contingent upon the Prior to Issuance Planning applicant and property owner signing and returning to the Community Development of First Permit Department a notarized "Agreement to Conditions Imposed" form and the property owner signing and recording with the County Clerk -Recorder a "Notice of Discretionary Permit Approval and Conditions of Approval" form. The forms shall be established by the Community Development Director, and evidence of recordation shall be provided to the Community Development Department. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Docusign Envelope ID: AB24E119-3CA4-462D-ADA5-B62644029561 Exhibit A — Conditions of Approval CUP 2023-0014 August 26, 2025 Page 2 *** 1.5 As a condition of approval of CUP 23-0014, the applicant and property owner shall Ongoing Planning 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 and/or property owner 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 the defense of any such action under this condition. 1126(a) 1.6 Any violation of any of the conditions imposed is subject to issuance of an Ongoing Planning Administrative Citation pursuant to TCC Section 1162(a). 1123(a) 1.7 The applicant and/or property owner shall be responsible for costs associated with Ongoing Planning any necessary code enforcement action, including attorney's fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. 9293(c) 1.8 CUP 2023-0014 may be reviewed at any time by the Community Development Ongoing Planning 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 2023-0014 or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the Community Development Director may impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the CUP. USE RESTRICTIONS This approval authorizes a religious assembly use (St. Stephen's Anglican Ongoing Planning 9299(b) 2.1 Church) and auxiliary administrative uses within a second story, 4,970 square foot tenant space at 155 El Camino Real. No room or area within the business shall be used or rented for purposes other than for this use. Any changes proposed to the approved operations description submitted with this application Docusign Envelope ID: AB24E119-3CA4-462D-ADA5-B62644029561 Exhibit A — Conditions of Approval CUP 2023-0014 August 26, 2025 Page 3 shall first be reviewed and approved by the Community Development Director prior to implementation. *** 2.2 Hours of operation shall be as follows unless otherwise modified with the approval Ongoing Planning of the Community Development Director. Day Hours Use Monday to 10.00 a.m. to Administrative Friday ? m Office Wednesday 7:00 p.m. to 8:30 Choir Practice ....... ........ ........ ..... p. M. ..... ....... ........ ........ ...... Sunday 9.00 a.m. to 1.00 Assembly p.m. .. (Church Service). *** 2.3 The tenant space shall be limited to 49 persons based on the operations letter Ongoing Planning provided. Should additional capacity be proposed, the applicant shall submit an updated operations letter to the Community Development Department for review and approval prior to the commencement of the modified operation. *** 2.4 Any modifications to the approved operations or floor plan are subject to review Ongoing Planning and approval by the Community Development Director, or their designee, prior to implementation. Major modifications to either may require requesting approval of a new CUP as determined by the Community Development Director. *** 2.5 If in the future the City determines that a parking, traffic, or noise problem exists Ongoing Planning 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 and/or property owner shall bear all associated costs. If said study indicates that there is inadequate parking or a traffic or noise problem, the applicant and/or property owner shall be required to provide mitigation measures to be reviewed and approved by the Community Development Department. Said mitigation may include, but are not limited to, the following: a. Adjust hours of operation.... Docusign Envelope ID: AB24E119-3CA4-462D-ADA5-B62644029561 Exhibit A — Conditions of Approval CUP 2023-0014 August 26, 2025 Page 4 b. Provide additional queuing space c. Adjust ordering procedures d. Provide additional parking e. Provide additional noise buffers including, but not limited to, walls, landscaping, or other sound attenuation methods. *** 2.6 The proposed use shall comply with the City's Noise Ordinance standards for both Ongoing Planning interior and exterior noise levels at all times. Doors to the business shall remain closed at all times during operational hours. 9291(d) 2.7 Assembly operations shall be conducted in a manner that does not create a Ongoing Planning public or private nuisance. Any such nuisance must be abated immediately upon notice by the City of Tustin. *** 2.8 Child daycare services shall only be provided in conjunction with and during the Ongoing Planning routine sanctuary assembly services scheduled on Sundays between 9 a.m. and 1 p.m., as described in the approved operations letter. No daycare services are permitted outside of these hours and religious service. .... JOINT -USE PARKING This approval authorizes Joint -Use Parking with the property located at 150 El Ongoing Planning 9264(a) 3.1 Camino Real. Any changes proposed to the approved operations description submitted with this application shall first be reviewed and approved by the Community Development Director prior to implementation. *** 3.2 A total of 35 on -site parking spaces (155 El Camino Real) and 54 off -site parking Ongoing Planning spaces (150 El Camino Real) shall be maintained while the joint -use parking agreement is in effect. Any reduction of on -site or off -site parking, change of tenant spaces/uses, business hours, parking use agreement, parking lot and/or circulation shall be reviewed and approved by the Community Development Department. The joint -use parking spaces are intended for patrons of the assembly use on Sundays from 9 a.m. to 3 p.m. only. 9264(4) 3.3 The parking use agreement between 150 El Camino Real and the assembly use Prior to Planning shall be executed and recorded at the County Clerk -Recorder's office prior to the Certificate of use of the joint -use parking area, assuring the continued availability of the Occupancy number of parking spaces designated for joint -use: Docusign Envelope ID: AB24E119-3CA4-462D-ADA5-B62644029561 Exhibit A — Conditions of Approval CUP 2023-0014 August 26, 2025 Page 5 *** 3.4 The Joint -Use Parking agreement shall terminate when the assembly use Ongoing Planning vacates the tenant space *** 3.5 Parking shall be provided at 150 El Camino Real at no cost to the parishioners Ongoing Planning of the assembly use. SIGNAGE 9404 4.1 Signage shall comply with the TCC 9404. The applicant shall submit sign plans Ongoing Planning to the Building Division for a building permit. PLAN SUBMITTAL (1) 5.1 The applicant shall submit tenant improvement plans to the Building Division for After Planning Building a building permit. Commission Approval PUBLIC WORKS DEPARTMENT (1) 6.1 Construction and Demolition Waste Recycling and Reduction Plan (WRRP). Plan Check Public Works 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 65 percent 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 fifty -dollar ($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 percent of the project's valuation as determined by the Building Official, rounded to the nearest thousand. The deposit amount will be collected in accordance with the TCC. c. Prior to issuance of a 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" Docusign Envelope ID: AB24E119-3CA4-462D-ADA5-B62644029561