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HomeMy WebLinkAbout02 GPA 2012-002, ZC 2012-001, & CUP 2012-08ITEM l 2 AU-Li IJ JL\\�, n ✓1EE T9 '\1CD DATE: SEP i EMBER 11, 2012 To: PLANNi G COMWSSIc N FR0jM: COMMUNITY DEVELOPMENT DEPART N1 ENIT SUBJECT: GZ-:1i\\1sRAiL PLAN AMENDMENT (GPA) 2012 -002, ZOTH E CHANGE (ZC) 2012°001, AND CONDITIONAL USE PERMIT (CUP) 2012 -08 APFL,ICAN7- PASTOR JOEL KELLY RED HILL LUT�IERh - \] CHURCH 13233 RED HILL AVENUE TLIISTII\I, CA 92733 FT3pI'=--RTY OWNERS- 13162 AND13162 RED MILL AVENUE 1532, 1542, 1552, AND 1562 MELVIN JNPL\Y: RED MILL LUTHERA�\\3 CHURCH TRUST 13260 RED HILL AVENUE TUSTIN, CA 92736 13232 RED HILL AVENUE: RED HILL EVANGELICAL LUTI IEFUMN C URCHI OF TUSTIN 13200 RED MILL AVEINUE TUSTII\I, CA 92736 LOCATION: 13152, 13162, AND 13232 RED HILL AVEINUE 1632, 1542, 1552, AND 1662 MELVIN WAY GENERAL PLAN- L01/A] DENSITY PRESIDENTIAL ZONING: SlINGLE FAMILY RESIDENTIAL (RI) — 13162 RED WILL AVE'NIUE; 1532 AND 1642 MELVIN WAY PUBLIC AND INSTITUTIOI\JAL 1P &I) — 13162 AND 13232 RED HILL AVENUE; 1552 AND 1562 N1EL\JIINl A,/\],A,Y EXISTING LAND USE: SINGLE FAMILY RESIDENCE e 13162 RED T=ALL AVENUE; 1532, 1542, 1552 AND 1562 INIELV9 N �nJAY MULTIPLE FAMILY RESIDENCE e 13152 AND 13232 RED HILL AVEI\IUE GPA 2012 -02, Z'C 2012 -01, CUP 2012 -08 September 11, 2012 Page 2 E[M-VIR3C ill IN] lsoj\] T ,/=\L STA7U o THIS PROJECT LIAS BEEN DETERMINED TO BE EXENIP T PURSUzk\IT TO CALLIE0I�NIA ENVIRONMENTAL QUAU u Y AS T ('SEQ,'\ ) SECTION 15001(5)'(3 IN THAT CEQA APPLIES ONLY TO G GJE'STS �A]HICF1 HAVE THE POTENTIAL FOR CAUSI�IG A SIGNIFICANT EFFECT ON TFIE: ENVIRONMENT. IF ADOPTED, THE PROPOSED GEN1ERAL PLAN AMENDMENT, ZONE CHANGE, AND COlNDITIONAL USE PERMIT WOULD ENSURE CONSISTENCY SEhf'IEEN THE GENERAL PLAN AND ZONING DESIGNATIONS AND al7GULD ALLOW EXISTING USES RELATED TO TLIE RED MILL LUTHERAN 'CHURCH. THE PROPOSED PROJECT BIAS NIO POSSI B I CITY FOR SIGNIFICANT EFFECT ON THE ENVII 'ONMEN V , THEREFORE, THE PROJECT IS MGT SUBJECT TO CEQA. G3� LL��ST THE REQUEST IS FOR PLANINIi\IG COMMISSION RECOMMENDATION GE APPROVAL OF GRA 2012 -002, ZC 2012 -001 AND CUP 2012 -08 TO CHANGE THE GENERAL PLAN Ln�]O USE DESIGNATION] OF SEVEN RESIDENTIAL PROPERTIES ON] RED HILL AVENIUE AND MEfLVIN ljAdAY FROM LOO /'7 DENSITY RESIDENTIAL TO PUBLICOIh\]S T I T UTIOi\IAL; CHANGE THE ZONING DESIGNATION OF THREE RESIDENTIAL (PROPERTIES FROM SINNIGLE FAMILY RESIDENTIAL (R1) TO PU13LI'C AND INSTITUTIONAL (F &I); AIND OBTAIN A CONDITIONAL, USE PERMIT TO ALLOW A CHURCH STORAGE AREA AT 10162 AND 10232 RED HILL AVENUE AND AN ASSEMBLY USE AT 1552 MELVIN tiVAiAY, AND TO USE THE REMAIi\IING SIX RESIDENCES AS CHURCH HOUSINGOPARSONAGES. GPA 2012°02, ZC 2012 =01, CUP 2012 -03 September 11, 2012 Page 3 IIE— CQPJETENDL,/' T I Q N That the Planning Commission: Y 'ldopt F asolulion No. 4202 recommending that the City Council approve General Plan Amendment 2312 -002 to change 'the General Plan (Land Use designation of seven residential properties on Red dill Avenue and Malvin VVay from Loljv Density Residential to G'ubljcldnsd,' aticnal. 2. Adopt Resolution No. 4293 recommending that the City Council adopt Ordinance lNio. 1419 (Zone Change 2012-001), changing th'e zoning designation of three residential properties from Single Gamily Residential (V 1) to Public and Institutional (P&). 3. Adopt Resolution No. 4294 recom mend ing that the City Council approve Conditional Use Kermit 2012 -933 to alloiju a church storage area at 13162 and 13232 Red Flill Avenue and an assembly use at 1352 Melvin Way, and to use six residences as church housing /parsonages. IIIIPFRC)AIZAL AUTHIORF 111- California Governme —m 'Code Section 35354 gibes the planning Commission the authority to make a recommendation on the proposed General Plan Amendment to the legislative body (City Council). Similarly, Tustin City Code Section 9295 gives the planning Commission the authority to make a recommendation to the City Council regarding the proposed Zone Change. Tustin City Code Section 9291 gives the Planning Commission the authority to evaluate and grant requests `ior Conditional Use Permits, Ho AlSvasr, because the approval of CondRional Use !Permit (CUP) 2012-008 is contingent upon the approval of General plan A mendment 12 -932 and Zone Change 12 -901 b the City Councii, the Planning Commission may make a recommendation regarding CUP 2312 -393 to the City Council. In February of 2019, City staff met �jaiith Geed Hill Lutheran Church staff to discuss the placement of approximately ten (13) storage containers /sheds �,��ithin the rear yard of the property at 13232 Red till Avenue. This initial meeting AjAjas follmAjad by a series of lefters and additional meetings bebvaieen City and Church staff regarding the options available to the Church to allmAi the continued use of the storage area and to allow the Church to continue to use a converted residence at 1352 n,?ejy�n Vnoav `'nor ,heir Peter's Parish Youth Ministry. After addressing various financial, legal, technical, operational and insurance issues related to a corrective action ,plan, the Church leadership submitted the proposed comprehensive development application to the City on July 13, 2912. The appiicant is requesting the approval of: 1 ) A 'General Plan Amendment to change the General Plan land use designation of seven residential properties at 13152, 13132, and 13232 Red dill Avenue and 1332, 1542, 1552, and 1562 Melvin Way from Lmiv Density Residential to Puhlic4dnstitutional; GPA 2012 -02, ZC 2012 -01, CUIP 2 012 -08 September 11, 2012 'age 4 2) A /Zone Change to char ige the zoning dosugu valion of the three residential properties at 13152 Red Fllll Avenue and 1532 and 1542 NWvin 1Nay from Single Gamily Residential (R1) to public and Institutional; and, 3) A Conditional Use Permit to allovi an existing unpermitted church storage-,area at 13162 and 13232 Red �lili Avenue and an existing unpsrmittod assemble use (G etor's Parish) at 1552 Nlelvin Way, and to use the remaining six residences as church housinglparsonagos. No new development is proposed at this time. 7 GAk AND AVEIC7 GARLAND F AVNNU5- ^ 13221 �2 1S ",'4 )�1,122 zz � T, MELVIN L.9' T x a � x 27 a 'a __A.T R S.F, R.R. RIW " j2 SV 527" x:32`7'7 ?3761 Z LAAAI WAY ,j, 1.mj ;n7 r - 33o AddrDzz Map The 4.62 -acre Red Hill Lutheran Church and School complex is located at 13299 Red Hill Avenue. Rod Hill Lutheran Church and the seven residential properties ender consideration were annexed into the City in 1977 through the adoption of Ordinance X90. 737. In conjunction with the annexation, four of the seven residential properties were prezoned from Single Gamily Residential (,R1) to IFIublic & Institutional (P l) 'through the adoption of Ordinance No. 742. The zoning of the other three proporties duas dingle Family Residential (R1), and vms not changed. Previous Planning Commission approvals for the Red Hill Lutheran Church campus include: 1) CUP 79 -28, which authorized the construction of new classrooms and a maximum enrollment of 499 students ((November 5, 1979); 2) CUP 95 -916, which authorized the placomsnt of 'Napo (2) modular (buildings for use as classrooms for a period of up to five (5) years, or until a permanent facility was constructed (August 8, 2995); and 3) CUP 97 -993 and DR 97 -093, Idalhich authorized the construction of a ne�� i Christian Life Center (classroom and °ioiloviship hall building), and the conversion an existing lunch shelter structure to a temporary fallojiivship hall and eventual classroom and Mchen facility. 13122 13162 13232 3.3 3 ±�^ 7 132:32 `3192 52'37 Ia2t:J RED HILL LUMERAN CHURCH AND SCHOOL 132'7 13221 �2 1S ",'4 )�1,122 zz � T, MELVIN L.9' T x a � x 27 a 'a __A.T R S.F, R.R. RIW " j2 SV 527" x:32`7'7 ?3761 Z LAAAI WAY ,j, 1.mj ;n7 r - 33o AddrDzz Map The 4.62 -acre Red Hill Lutheran Church and School complex is located at 13299 Red Hill Avenue. Rod Hill Lutheran Church and the seven residential properties ender consideration were annexed into the City in 1977 through the adoption of Ordinance X90. 737. In conjunction with the annexation, four of the seven residential properties were prezoned from Single Gamily Residential (,R1) to IFIublic & Institutional (P l) 'through the adoption of Ordinance No. 742. The zoning of the other three proporties duas dingle Family Residential (R1), and vms not changed. Previous Planning Commission approvals for the Red Hill Lutheran Church campus include: 1) CUP 79 -28, which authorized the construction of new classrooms and a maximum enrollment of 499 students ((November 5, 1979); 2) CUP 95 -916, which authorized the placomsnt of 'Napo (2) modular (buildings for use as classrooms for a period of up to five (5) years, or until a permanent facility was constructed (August 8, 2995); and 3) CUP 97 -993 and DR 97 -093, Idalhich authorized the construction of a ne�� i Christian Life Center (classroom and °ioiloviship hall building), and the conversion an existing lunch shelter structure to a temporary fallojiivship hall and eventual classroom and Mchen facility. GPA 2012 -02, ZC 2012 -01, CUP 2012 -000 September 11, 2 012 Page 5 Sht -and Sri MLIn, ding 070,Q9rJG-S Three of the s ven residsntial pTopersies are located on the easterly side of Geed HM Avenue, southerly of Mekiin Y''Vay. The remaining 'Tour properties are locatsd on the southerly side of MO- Nin VAlay, easterly of Red Hill Avenue V\ttachmsM A - Location JME-10. Adjacent uses consist of the Red Hill Lutheran Church and School to the south and �jvsst, and sin& — family residences to the north and ease. Single- family residences are also located to the north and AjAjest, across reed Hill AA enue. PToj Q(K;t ;5j'ts GanaraI Plan Amandm, ant an,d Zona Ch, anga To accommodate uses associated the church on the residential properties, including the SXisting unpermitted church storage area, the unparmitted assembly use (Peter's Parish) at 1552 Meivin VVay (the use of �,kjhich has been suspended ) and church housing /parsonages, a change in the'Generai Plan land use and 7-oning designations from Lmiv !Density Residential and Sin& Family residential, respectively, to PuNiic and lnstitutuonal is necessary prior to conversion. The proposed General Plan Amendment to Pubk/lnstitutionai and Zone Change to PuUiic and lnstitutional are consistent with the existing PuNic and Institutional designations of the adjacent red Cfill Lutheran Church site. GPA 2012 - 02, ZC 2012 - 01, CUP 2012 -08 Ssplembsr 11, 2012 Page 8 ` has fool jvng e; NNts shmm the proposed Csnssra� Flan Land Use dasigna n and Zanun changss; 'Proposed Gsnsra� 10-�an Amendment 2012 -002 PO PO CV A 2012 -02, ZC 2012 -01, CUP 2012 -08 September 11, 2012 Fags 7 N WE S Proposed Zone Change 20 12-01 P &I/ 2 111,1 PR ` J4 Oq Q� �J Q R1 5� P &I RI P &I �v P &I R7 Rl PU 41 o� Existinsa g P &I Z � PR Op R9 UZO P &I O f \� 0111 P &I R1 R1 Y Proposed GPA 2012 -02, ZC 2012 -01, CUP 2012 -08 September 11, 2012 'age 8 The proposed General Flan Amendment implements various goals and policies found �jAjithin the City's General plan as follojus: Goal 1 of the Land Use Clement provides for a �yvell balanced land use pattern that accommodates existing and future needs for a variety of land uses. Policy 2.2 of the Land Use Clement requires maintaining consistency among the Land Use - lament, Zoning Ordinances, and other City ordinances, regulations, and standards. Goal 3 of the Land Use Element ensures that nee j development is compatible 1j1jith surrounding land uses in the community, the City's Circulation network, availability of public facil °otitis, existing development constraints, and the City's unique characteristics and resources. o Goal 6 of the Land Use Clement ?iAjhich encourages improvement of urban design in Tustin to ensure development that is both architecturally and functionally compatible, and to create uniquely identifiable neighborhoods, commercial, and business park districts. conditional Use parm',k If the City !Council approves General elan Amendment 2012 -002 and Zone Change 2012 -01, the approval of a Conditional Use Permit pursuant to Section 2245.b.(1) of the Tustin City Code will be required to allo�jkj the EA3ting unpermitted uses associated 1,Ajith the church and to 0m,'v the ;proposed parsonages. As mentioned in the report, storage containers/shads at the residences located at 1 31 62 and 13232 Red Hill have been used as storage area for the church and that the property at 1 552 Nlelvin Way has been converted to an assembly use Teeter Flarish Youth Ministry) not in compllance with applicable Building and Zoning Codes (Attachment !C). Since then, the properties have been cleaned and junk, lumber, and trash have been removed from the properties as shoa,Ajn in the pictures below. The applicant, however, hill be submitting plans for those structures to the Community Development Department for revie�ju and approval �,Ajithin a certain time period and prior to change of occupancy. The storage areas will be effectively screened from any right-of- �ivay or public area. Peter's Parish Storage Area GPA 2012 -02, ZC 2012 -01, CUP 2012 -08 Sept mber 11, 2 012 Page 9 The follm, "ping table summarizes the existing and proposed uses at each of 'the seven (7) Properties. 1ZklTB� 5 i °toy LJOQ PTO1G©ZzK1 U33 13152 Red F-Nl Avs � Residence Parsonage 13162 Rad Hill Jv\tive Residencelstorags Parsonagels°torage 13232 Red l-'lill Ave Res idencslz� o rag as Parsonagsjst )raq- 1532 Malvin Y''Vla Rasldanc-- Parsonage 1542 AA(s iii �Na Res�dnnc-- Parsonage 1 552 Mehiin Way 1562 dial 'vin �A�ay AsssmNy Lase* R (ssldssncs Ass -rr Ny U&e, (Parsonage Use has been suspended until use is approved and permits are obtained. In determining whether to recommend approyd of the CondKional Uss Permit, the Planning Commission rust determine whether or not the proposed uses mill be detrirnental to the health, safety, morals, comfort, and general )xslfare of the persons residing in or VVoriI ing in the neighborhood or 1,,ihether it liui l be injurious or detrimental to property or improvements in the vicinity or to the 1ivslfare of the City. A docision to recommend approval of this request ma y be supported by the follotijivung findings: �) The church storage area and assembly use (p'eter's Farish) and proposed parsonages are authorized pursuant to Section 9245.b.(1) of the Tustin City Code �JA]ith the approval of a General Plan Amendment 2012 -002 and Zone Change 2012 -001. 2) The proposal is consistent liajith the public and Instit tional (? & l) zoning district standards in that church uses are subject to conditional use permit approval. The church storage area, assembly use (Meter's Parish), and proposed parsonages are appropriate under she General Flan Land Use Element G ublic /Institutional designation in that the church and school function as quasi - public uses. 3) The proposed church related eases are consistent with other uses on the adjacent Red Hill Lutheran Church and School site and the adjacent single family residences. 4) The church storage area, assembly use (Peter's Parish) and proposed parsonages are ancillary to the Red Hill Lutheran Church and School and are not anticipated to result in parl�ng impacts since there is adequate number of parking spaces on the Red �lill Lutheran Church and School site to accommodate paring needs. d) The proposed church related uses are under the ownership and management of the Red Hill Lutheran Church and School. The City will rely on the Red Mill !Lutheran Church to fulfill the conditions of approval and comply with all Building/Safet� Codes. 6) As conditioned, Conditional Use Permit 2012 -03 may be Tsvi iAied on an annual basis, or more often if necessary, by the Community '.Development (Director. if the use is not operated in accordance with Conditional Use Permit 2012 -03 or is found to be a nuisance or negative impacts are affecting the surrounding uses, the Community Dea/elopment GPA 2012 -02, ZC 2012 -01, CLOG 2012 -08 September 11, 2012 Page 10 Director �jljould have °sine aulhorKy lb impose addiiional condi'kns �10 eliirninate lie nuisance or negakive impacts or may injksa proceedings &o re-voks The CondK'ional Use errni:�. 7) The iraaplemeniaJonfapplica� ion of "�ha proposed con&'o ions would ensure compaNbiRLy of the church related uses surrounding uses and the Tustin City Code. Scott Reekstin Senior Rannor A'ilachmen s: Elizabeth A. Binsack Community Development !DireGIor A. Location Ailap 0. Submitted Plans and Fholographs C. Code Enforcernsn� Flho�os C. Resolution No. 4202 (General elan Lund Use AA-ip Arnsndmen� E. IResoWtion No. A203 (Zone Change F. Pesolukn 'Ho. -4204 (Condi'Jonal Use Perrnilt ATTACHMENT LOCATION MAP Lu Z�-u ] 001?l W50 GPA20100?�? o`l�- cN (�JVFZOIR,0 H WOOOLAW N AV. r ti •':C ¢ _ '•� ''\ . ,� .;� , gyp, ff} �l�.. 'AELVIN (yiq KEU HI LL �• J�` LUTHERAN f -,. �LQ °•. CHURCH AND T ` SCHOOL /j 0 f ATTACHMENT B SUBMITTED PLANS AND PHOTOGRAPHS �a s l P J X � I D s �b A �� K nP�l�yg rruJl g tJ o �I� I :a a r� 'off r� c Etl w D n m N �a9 �J i 1 mail °F P — E — — tp 8 }'J gP, ff IgSK a 1k` 3 L S: 4 pF gK gK `I •�� 8 � 9� �aaaaan i (—G� RED HILL AVENUE — —-- Q. 5 § B 8 B B p B p p p p p g 1 11 11 1/ 11 C 11 X11 O •i !'y 1a 1 �AL1 lim- N h EI i ZME \ OT 1♦ ,` t L Ln 1 �AL1 lim- N h EI i ZME \ OT 1♦ ,` t r a ,d 111I'�It, Iti vim a r t2 _ ���• t � - I r\ Em mow. • r7l r r• i� lummompv x t: s Iu ■. CL) v Q o N V L QJ � C7) C5 cV O u m rl V) N \ m d. m 0 O 4= v z � Q Q / ?_s rl' r r I 01 G = _ v .��� F, �l t ` 1 �.ti F�• ;L��� � p. ',\ { (:. 9j s+ i _ i __. _ ATTACHMENT C CODE ENFORCEMENT PHOTOS ATTACHMENT D RESOLUTION NO. 4202 (GENERAL PLAN LAND USE MAP AMENDMENT) URESOL LJ T ION NO ,!202 A RES7LU T OOIN OF THIF ?LANNINO CONS lCt0Q,'j�l OF T H C:17Y ,�"F TU Th\1 RECOMMENDIN0 THAT THEE CITY COUNCIL GENERAL PLAN 002 /AMEN MINIG 7H[-7- GENERAL LAND USE OE&G3N U10 15 FRO-N] LOVE DENSITY RESIDEJNTIAL 77 PUBLICIIN577UTIONAL TO ACCOMMODATE CHURCH RELATED USES AT 13152, 13162, AND 13232 RED HILL AVENU9E, NDL 1 532, 1542, `]552, AND 1562 MELVIN WAY. The Planning Commission does hereby resolve as follows; The Planning Commission finds and determines as follows; A. That a proper application has been submitted by Red Hill Lutheran Church to change the General Plan land use designation from Low Density Residential to Public /lnstitutional to accommodate church related uses; B. That a public hearing was duly called, noticed, and held on said application on September 11, 2012, by the Planning Commission. C. That General Plan Amendment 2012 -02 is consistent with and implements the following Land Use (Element goals and ,policies of the General Plan: 1. Goal I of the land Use Clement provides for a well balanced land use pattern that accommodates existing and future needs for a variety of land uses. 2. Policy 2.2 of the Land Use Element requires maintaining consistency among the Land Use Clement, Zoning Ordinances, and other City ordinances, regulations, and standards. 3. Goal 3 of the Land Use Ele ment ensures that new development is compatible with surrounding land uses in the community, the City's circulation network, availability of public facilities, existing development constraints, and the City's unique characteristics and resources. 4. Goal 3 of the Land Use Element which encourages improvement of urban design in Tustin to erasure development that is both architecturally and functionally compatible, and to create uniquely identifiable neighborhoods, com mercial, and business park districts. D. That the proposed amendments to the land use designation are in the best interest of the public and ensure consistency between the Gencral Plan and the Zoning Ordinance. Resolution No. 4202 Page 2 E. That this project has been determined to be exempt pursuant to California Environmental Quality Act (CEQA) Section 15001(b)(3) in that CEQA app9ies only to projects which have the potential for causing a significant erect on the environment. If adopted, the ,proposed General Plan Amendment, Zone Change, and Conditional Use Permit Would ensure consistency between the General Plan and Zoning designations and would allow existing uses related to the Red Hill Lutheran Church. The proposed project has no possibility for significant effect on the environment; therefore, the project is not subject to CEQA. lI. The Planning Commission hereby recommends that the City Council approve General Plain Amendment 2012 -02 amending the General Plan l=and Use Designation of the project site from Low Density Residential to Public /lnstitutional, as identified in Exhibit A attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the I Ith day of September, 2012. STEVE KOZAK Chairperson ELIZABETH A. BINSACK Planning Commission Secretary STATE CP CALIFORNIA COUNTY OF ORANGE � CITY OF TUSTIN � I, Elizabeth A, IBinsack, the undersigned, hereby certify that l am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4202 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 11th day of September, 2012. ELIZABETH A. BINSACK Planning Commission Secretary W S Exhibit A Resolution No. 4202 Proposed General Plan Amendment 2012-002 PI PO (-tv O 9- LDR LDR 'P J, LDR PI 0 ACI NPIF ?11b tyQ- 9L R' LDR PI eO PI CO LDR e 1�4 sad LOR PO IZI � '-, LDR dy "§p / Qq- AT7 ACHNIENT F RESOLUTION NO. 4202 (ZONE CHANGL) TRE 3OLU 1111`1(0. 4�L3 THE C1` Y ,�F T U5 i IN �ECOJN]iN1ENn1�1G THAT ` HE CITY 23112- �LcI), AMEN10D1 -1-0 HE ZONINIG D�31 9��1J 15 GAT -17 8INGLE FAVI]L )\E-51OENTVU- ,(FRI) TO PJ E LIC ,TID INSTITUTIONAL (FL�1 ) TO ACCOMMODATE CHURCH I EE-LATED USES AT 1315 RED WLL AVENUE AND 1332 AN O 1342 M E LV I N WAY. To Planning Commission does hereby resolve as follows: The 'Tanning Commission finds and determines as follows: A. That a proper application has been submitted by Red dill Lutheran Church to change the zoning designations from Single Family Residential (RI) to Public and lnstitutional (P &l) to accommodate church related uses at 13152 Red dill Avenue and 1332 and 1342 Melvin 'ay; That a public hearing was duly called, noticed, and held on said appl°ocation on September 11, 2012, by the Planning Commission. C. That the proposed amendment to the zoning district is in the best interest of the pubk and ensures consistency between the General Plan and the Zoning Ordinance, D. That the proposed zone change is consistent with General Plan Amendment 2012-002 and the policies of the General Tan, as evidenced by the following findings: (a) The proposed zone change to the Public & Institutional District is consistent with General Plan Amendment 2012 -02, (b) The proposed Zone Change to the 'Public and Institutional (P&I) district would be compatible with the adjacent Pal zoning district, (c) l ho proposed Zone Change would allow churor related uses to occupy the affected ,properties, D. That this project has been determined to be exempt pursuant to California Environmental Quality Act (CEQA) Section 15001(b)(3) in that CEQA applies only to projects which have the potential for causing a significant effect on the environment. If adopted, the ,proposed General Plan Amendment, Zone Change, and Conditional Use Permit would ensure consistency between the General Plan and Zoning designations and would allow existing uses Resolution No. 4203 Page 2 relatod to the Red HIII Lutheran Church. The proposed project has no possibility for significant effect on the environment; 'therefore, the project is not subject to CEOA. 11. The Planning Commission hereby recommends that the City Ccuncil adopt Ordinance No. 1410 (,Zone Change 2012-001), amending the Zoning designations from Single Family Residential (R1) to Puhllc and Institutional (Pail) zoning distrlct, as identified in Exhihlt A attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 11th clay of September, 2012. STEVE KOZAK 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 City of Tustin, California; that Resolution No. 4203 was duly ,gassed and adopted at a regular meeting of the Tustin Planning Commission, held on the 11 th day of September, 2012. ELIZABETH A. BINSACK Planning Commission Secretary E�Hi )'0 - Ds AFT O UL)IN� ACE -i\10o 141 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF T US TIN, APPROVING ZONE CHANGE 2012 -001, AMENDING THE ZONING DESIGNATIONS FROM SINGLE FAMILY RESIDENTIAL (R1) TO PUBLIC AND INSTITUTIONAL (P &I) TO ACCOMMODATE CHURCH RELATED USES AT 13152 RED HILL AVENUE AND 1332 AND 1342 MELVIN WAY. The City Council of the City of Tustin does hereby ordain as - follows: SECTION 1. The City Council finds and determines as follows° A. That a proper application has been submitted by Red Hill Lutheran Church to change the zoning designations from Single Family Residential (R1) to Public and Institutional (P &I) to accommodate church related uses at 13152 Red Hill Avenue and 1332 and 1342 Melvin Way. B. That a public hearing was duly called, noticed, and held on said application on September 11, 2012, by the Planning Commission. Following the public hearing, the Planning Commission adopted Resolution No. 4203 recommending that the Tustin City Council approve Zone Change 2012 -001 by adopting Ordinance No. 1410, C. That a public hearing was duly called, noticed, and held on said application on October 2, 2012, by the City Council. U. That the proposed amendment to the zoning district is in the best interest of the public and ensures consistency between the General Flan and the Zoning Ordinance. E. That the proposed zone change is consistent with General Plan A mendment 2012 -002 and the policies of the General Plan, as evidenced by the following findings. 1. The proposed zone change to the Public & lnstitutional District is consistent with General Plano Amendment 2012 ®02. 2. The proposed Zone Change to the Public and Institutional (P &I) district would be compatible with the adjacent P &'I zoning district, 3. The proposed Zone Change would allow church related uses to occupy the affected properties. E. That this project has been determined to be exempt pursuant to California Environmental Quality Act (CEQA) Section 15051(b)(3) in that CEQA applies only to projects which have the ,potential for causing a significant effect on the environment. If adopted, the proposed General Plan Amendment, Zone Change, and Conditional Use 'Permit would ensure Ordinance Flo. 1419 Page 2 consistency between the General Plan and Zoning designations and would allow existing uses related to the Red Hill Lutheran Church. The proposed project has no possibility for significant ef-Tect on the environment; therefore, the project is not subject to CEOA. SECTION 2. The City Council hereby adopts Ordinance No. 1419 Gone Change 2012 -001), amending the Zoning designations from Single (Family Residential (RI) to the Public and Institutional (P &I) zoning district, as identified in Exhibit 1 attached hereto. SECTION 3. SeverabiNy If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Tustin hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, ,phrases, or portions be declared invalid or unconstitutional. PASSED AND ADOPTED, at a regular meeting of the City Council for the City of Tustin on this 16th day of October, 2012. JOHN V IELSEN MAYOR ATTEST: PAMELA STOKER CITY CLERK Ordnance No. 1419 Page 3 STATE OF CALIFORNIA a COUNTY OF ORANGE ss. CITY OF TUSTIN CERTIFICA T ION FOR ORDINANCE NO. 1419 PAMELA STOKER, City Clerk and ex- officio Clem of the City Council of the City of Tustin, Cailfornia, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Ordinance No. 1419 was duly and regularly introduced and read at the regular meeting of the City Council held on the 2nd day of October, 2912, and was given its second reading, passed and adopted at a regular meeting of the City Council held on the 1 Sth day of October, 2 012, by the following vote: COUNCIII-PERSONS AYES: COUNCILPERSONS NOES: COUNCILPERSONS ABSTAINED: COUNCILPERSONS ABSENT: PAMELA STOKER, City Clerk Ordnanos No. � � Proposed Zone Change 2012 -01 ATTAGAMENT F FRCE 5C)[ �J710N NO. 42r. 4 (GONDMONAL SEE F7RMIT) RES0L 9 T VD "M �]C-)o 4234 A 1,-ZE OLU T DON OF TU]E PLANNING CONIM] SSI0M OF THE E CI T Y OF Ti USTIN, RECOMMENDING TH,z\Y THE CITY COUNCIL ,APP6ZOVE CONDITIONAL LJSE PER(I`U T 2312 -D3 AU7fHORRIZING CHUTKI MH RTMATEUD USES AT 13152, 131 :52, ANND 13232 RED HILL AVENUE AND 1532, 1 42, 1552, —AANDL 1532 VMELVINWAY. The Planning Commission does hereby resolve as -follows: The Planning Commission finds and determines as follows: A. That a proper application for Conditional Use Permit 2012 -03 was filed by Pastor Joel Kelly of fed HiII Lutheran Church requesting authorization for church related uses, including a church storage area, an assembly use (Peter's Parish) and ,parsonages at 13152, 13162, and 13232 Red Hill Avenue and 1532, 1542, 1552, and 1562 Kelvin Way. B. That the Public /Institutional General Plan land use designation provide fora variety of public and institutional uses. 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. That the applicant has requested approval of General Plan Amendment 2012 -002 and Zone Change 2012 -001 in conjunction with the application for Conditional Use permit 2012 -003. D. That a pubiic hearing was duly called, noticed, and held for Conditional Use Permit 2012 -03 on September 11, 2012, 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, 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 church related uses are authorized pursuant to Section 9245.b.(1) of the Tustin City Code with the approval of a General Plan Amendment 2012 -002 and Zone Change 2012 -001. 2) The proposal is consistent with the Public and Institutional (P & 1) zoning district standards in that church uses are subject to conditional use permit approval. The proposed parsonages and church storage area and assembly use (Peter's Parish) are appropriate under the General Plan Land Use dement Resolution Flo. 4204 Page 2 Public /lnsNutional designation in that the church and school function as guaskpublic uses. 3) The proposed church related uses are consistent with other uses on the adjacent Red Hill Lutheran Church and School site and the adjacent single family residences. 4) As conditioned, Conditional Use Permit 2012 -06 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. if the use is not operated in accordance with Conditional Use Permit 2012 -03 or 6s found to be a nuisance or negative impacts are affecting the surrounding uses, the Community Development Director would have the authority to impose additional conditions to eliminate the nuisance or negative impacts or may initiate proceedings to revoke the Conditional Use Permit. 5) The implementation /application of the proposed conditions would ensure compatibility of the church related uses with the surrounding uses and the Tustin City Code. 6) The church storage area, assembly use (Peter's Parish) and proposed parsonages are ancillary to the Red dill Lutheran Church and School and are not anticipated to result in parking impacts since there is are adequate number of parking spaces on the Red l=ull Lutheran Church and School site to accommodate parking needs. 7) The proposed church related uses are under the ownership and management of the Red Hill Lutheran Church and School. The City will rely on the Gamed Mill Lutheran Church to fulfill the conditions of approval and comply with all Building /Safety Codes. F. That this project has been determined to be exempt pursuant to California 'Environmental Quality Act (CEQA) Section 15061(b)(3) in that CEQA applies only to projects which have the potential for causing a significant effect on the environment. if adopted, the proposed General Plan Amendment, Zone Change, and Conditional Use Permit would erasure consistency between the General Flan and Zoning designations and would allow existing) uses related to the Red Hill Lutheran Church. The proposed project has no possibility for significant effect on the environment; therefore, the project is not subject to CEQA. ll. The Planning Commission hereby recommends that the City Council approve Conditional Use Permit 2012 -06 authorizing church related uses at 13152, 13162, and 13232 Red Hill Avenue and 1532, 1542, 1552, and 1562 Melvin Way, subject to the conditions contained within Exhibit A attached hereto. Resolution No. 4204 Page 0 (PASSED AND ADOPTED by the PIanning Commission of the City of Tustin at a reguIar meeting on the 11th day of September, 2012. AM l • ELIZABETH A. BINSACIK Planning Coo- mo ssion Secretary STATE OF CALIFORNIA � COUNTY OF ORANGE CITY OF TUSTIN � 1, Elizabeth A. &nsack, the undersigned, hereby certify that I am the llPlanning Commission Secretary of the City of Tustin, California; that Resolution No. 4204 was duIy passed and adopted at a reguIar meeting of the Tustin Planning Commission, hold on the 11th day of September, 2012. ELIZABETH A. BINSACK PIanning Commission Secretary E3 CHAT G ESIC)LU it ION No. ,14204 CONDF 110KAL USE PE-R 1] 20112 - 00NDI T l 0 N S O AP L G ( NE3AL 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped September 1 1 , 2012, or 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, (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified, subject to review and approval by the Community Development Department, �) 103 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, (1) 104 Approval of Conditional Use �Permit 2012 - 03 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) 1.5 This condition shall serve as a precitation and to inform the responsible person(s) of the compliance requirements pursuant to the Tustin City Code (T CC) and /or other applicable codes, laws, and conditions. Failure to comply with the conditions of approval set forth herein shall ������} 'n t� i�sq, =n�°� of an ac�rinistrati, ®v citation pursuant tc ACC result s It .iu the .u.ugwu c�,. 11 32(a), The City may also take further legal action including issuing the responsible person(s) a criminal citation and /or abating 'the violatier(s) with the cost of such abatement and /or prosecution assessed against the responsible person(s), the property owner(s), and /or the property as a lien, SOURCE CODES _ — (1) 5 AANIDAP RD C ONDIT9Ojq (5) FESPONSlSLE AGENCY REQUIREMENT ( ,7) CEQA MITIGATION (8) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING ChoDE/S (7) PCICC POLICY (A) DESIGN REVIEW * ** E--/XC EPTION Exhibit A Resolution No. 4204 CUP 2012 -08 Page 2 (1 1.5 Conditional Use Permit 2012 -08 may be reviewed on an annual basis, or more often if necessary, by the Community Development 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 Conditional Use Permit 2012 -08, or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the Community Development Director shall impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the Conditional Use Permit. (1) 51.7 if in the future the City's Community Development Director, Police Chief, and /or Public Works Department determine that a parking, traffic, or noise problem exists on the site or in the vicinity as a result of the facility, the Community Development Director, Police Chief, and /or Public Works Department may require that the applicant 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 revi Exhibit A Resolution No. 4204 CUP 2012 ®08 Page 3 Q� 1o2 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorneys fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. USE Gil;;STRIO IONS Q1 � 201 All storage areas, including all sheds, shall be adequately screened from view, as approved by the Director of Community Development. The applicant shall submit a plan to the Director depicting the location, dimensions, and materials of the proposed screening within thirty (30) days of the City Council's approval of Conditional Use Permit 2012 -03, and shall install the screening within ninety (00) days of the Council's approval. Q�➢ 2202 No outdoor - storage shall be permitted except within approved storage sheds, or as approved by the Director of Community Development. (1) 203 The use of the building at 1552 Melvin Way shall be limited to a residential parsonage or, subject to building permit approval, as an assembly use for church related activities only. If used for assembly purposes, permits shall be pulled, improvements completed, and occupancy certificates issued, prior to use for assembly purposes. ,1) 2.4 The exterior front elevation and front yard of the property at 1552 Melvin Way shall resemble that of a single family residence. Q�I) 2.5 The buildings at 13152, 13132, and 13232 Red Hill Avenue and 1532, 1542, and 1532 Melvin Way shall be used as residential parsonages for church members and /or church staff only. Q1) �18 Subject to building permit approval, a maximum total of five (5) storage sheds may be authorized and may continue to be located on the properties at 13152 and 13232 Red Hill Avenue only. Q1) 2207 Any existing garage parking spaces used for church storage purposes shall be replaced by new parking spaces, as approved by the Director of Community Development. Prior to any conversion, a plan shall be submitted to the Director of Community Development for review and approval. Exhibit A Resolution No. 4204 CUP 2012 -03 Page 4 ISUlLClMQ 10 l`Vl21OL 19 �) '3.1 The use change for the building located at 1552 Melvin Way will require a building permit and conformance Ito applicable building regulations. Evaluation of additions and alterations not pormMad must be evaluated and corrected through the building Permit process. At the time of building permit application, the plans shall comply with the latest edition of the codes (2010 building codes, 2011 Green [wilding Code), City Ordinances, State, Federal laws, and regulations as adopted by the City Council of the City of Tustin. IPU: LIC NVOU RKS QED -,,3 1 The applicant shall be required, in conjunction with future development of the properties and expansion of uses, to dedicate in fee title the right of way along Geed Mill Avenue to its ultimate primary arterial width, including the corner cut -off at the southeast corner of Red gill Avenue and Melvin Way, and design and construct roadvjay improvements along Red dill Avenue 'to its ultimate primary arterial width to be consistent with the Circulation Element of the General Galan. lmprovements shall include, but not be limited to, widening of the roadway with construction of curb gutter, sidewalk, and asphalt paving, reconstruction of the Church driveway on vied Hill avenue to be in compliance vMh current federal Americans with Disabilities Act requirements, construction of the curb return and handicap access ramp at the southeast corner of the Red gill Avenue /Melvin Way street intersection, and construcVon of curb & gutter and sidewalk improvements on Melvin �,Afay to join existing improvements, 4.2 Prior to issuance of a Building Permit for 1552 Molvin Way, the applicant shall provide a written acknowledgement from the Transportation Corridor agency (TCA) for the change of use (from residential to non - residential). 403 Prior to issuance of a wilding Permit to a ME2 JVueiti ✓in 'Nay, the applicant shall provide written acknowledgement from the Orange County SanitaVon District for the change in use (from residential to non- residential). Exhibit A Resolution No. 4204 CUP 2012 -08 Page 5 FEES (1, 5) 5e 1 Vi ithin 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 fifty dollars ($50.00) 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 daHvered 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.