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HomeMy WebLinkAbout01 RED HILL LUTHERAN-GPA 2012-02, ZONE CHANGE 2012-01, CUP 2012-081TY O G� AGENDA REPORT VS T� MEETING DATE: TO: FROM: SUBJECT: SUMMARY: OCTOBER 2, 2012 JEFFREY C. PARKER, CITY MANAGER Agenda Item 1 Reviewed: City Manager Finance Director /A ELIZABETH A. BINSACK, COMMUNITY DEVELOPMENT DIRECTOR GENERAL PLAN AMENDMENT 2012 -02, ZONE CHANGE 2012 -01, AND CONDITIONAL USE PERMIT 2012 -08 General Plan Amendment (GPA) 2012 -02 proposes to change the General Plan land use designation of seven residential properties at 13152, 13162, and 13232 Red Hill Avenue and 1532, 1542, 1552, and 1562 Melvin Way from Low Density Residential to Public /Institutional. Zone Change (ZC) 2012 -01 proposes to change the zoning designation of the three residential properties at 13152 Red Hill Avenue and 1532 and 1542 Melvin Way from Single Family Residential (R1) to Public and Institutional. Conditional Use Permit (CUP) 2012 -08 proposes to allow a church storage area at 13162 and 13232 Red Hill Avenue and an assembly use (Peter's Parish) at 1552 Melvin Way, and to use the remaining six residences as church housing /parsonages. No new development is proposed at this time On September 11, 2012, the Planning Commission adopted Resolution Nos. 4202, 4203, and 4204 recommending that the Tustin City Council approve GPA 2012 -02, ZC 2012 -01, and CUP 2012 -08. (Applicant: Red Hill Lutheran Church) RECOMMENDATION: That the City Council: 1. Adopt Resolution No. 12 -83 approving General Plan Amendment 2012 -02 to change the General Plan Land Use designation of seven residential properties on Red Hill Avenue and Melvin Way from Low Density Residential to Public/Institutional; 2. Introduce and have first reading of Ordinance No. 1419, (Zone Change 2012- 001), changing the zoning designation of three residential properties from Single Family Residential (R1) to Public and Institutional (P &I); and set for second reading at the City Council meeting of October 16, 2012; and, City Council Report GPA 2012 -02, ZC 2012 -01, and CUP 2012 -08 October 2, 2012 Page 2 3. Adopt Resolution No. 12 -84 approving Conditional Use Permit 2012 -008 to allow a church storage area at 13162 and 13232 Red Hill Avenue and an assembly use at 1552 Melvin Way, and to use six residences as church housing /parsonages. FISCAL IMPACT: General Plan Amendment 2012 -02, Zone Change 2012 -01, and Conditional Use Permit 2012 -08 are applicant- initiated projects. There is no fiscal impact to the General Fund. APPROVAL AUTHORITY: Pursuant to Government Code Section 65353, the Planning Commission is required to hold at least one public hearing to consider proposed amendments to General Plan and shall make a written recommendation to the City Council. The Planning Commission recommendation shall be made by affirmative vote of not less than a majority of the total membership of the Commission. Pursuant to Government Code Section 65355, prior to amending a general plan, the City Council shall hold at least one public hearing. Similarly, Tustin City Code Section 9295 gives the City Council the authority to adopt the proposed Zone Change following a public hearing and a recommendation from the Planning Commission. Tustin City Code (TCC) Section 9291 gives the Planning Commission the authority to evaluate and grant requests for Conditional Use Permits. Because the approval of Conditional Use Permit 2012 -008 is contingent upon the approval of General Plan Amendment 12 -002 and Zone Change 12 -001 by the City Council, the Planning Commission made a recommendation regarding CUP 2012 -008 to the City Council. On September 11, 2012, the Tustin Planning Commission conducted a public hearing and adopted Resolution Nos. 4202, 4203, and 4204 recommending that the Tustin City Council approve GPA 2012 -02, ZC 2012 -01, and CUP 2012 -08 by a 4 -0 vote. Planning Commission Resolution Nos. 4202, 4203, and 4204, and draft minutes of the September 11, 2012, Planning Commission meeting are provided as Attachment A. The draft minutes and adopted Resolutions serve as the Commission's report and recommendation to the City Council (TCC Section 9295f.) BACKGROUND: In February of 2010, City staff met with Red Hill Lutheran Church staff to discuss the placement of approximately ten (10) storage containers /sheds within the rear yard of the property at 13232 Red Hill Avenue. This initial meeting was followed by a series of letters and additional meetings between City and Church staff regarding the options available to the Church to allow the continued use of the storage area and to allow the Church to use a converted residence at 1552 Melvin Way for their 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 18, 2012. City Council Report GPA 2012 -02, ZC 2012 -01, and CUP 2012 -08 October 2, 2012 Page 3 The applicant is requesting the approval of: 1) A General Plan Amendment to change the General Plan land use designation of seven residential properties at 13152, 13162, and 13232 Red Hill Avenue and 1532, 1542, 1552, and 1562 Melvin Way from Low Density Residential to Public/] institutional; 2) A Zone Change to change the zoning designation of the three residential properties at 13152 Red Hill Avenue and 1532 and 1542 Melvin Way from Single Family Residential (R1) to Public and Institutional; and, 3) A Conditional Use Permit to allow a church storage area at 13162 and 13232 Red Hill Avenue and an assembly use (Peter's Parish) at 1552 Melvin Way, and to use the remaining six residences as church housing /parsonages. No new development is proposed at this time. ■ 130tl2 1,lOtl1 ■ GAIMMO I13122 Z' 681 A%V" 1J 2 2 .11 h - CA9IAMC MOW _ � T CT 715 F 11221 13261 ■ — — u n 13m ■ - ^ Y' _ 9 r ° u. n n e _ lie S ■ ■ ■' _ - ■ . ■ tEL981 NAY 15W2 13M, = 4'*r - - 13162 131'!1 13181 1]182 13181 t1118f 13192 „bj tJ181 x U2J2 t/1 11191 t32C2 U!J2G1 112W RED HILL LUTHERAN 1 1121 ti 1!211 CHURCH AND SCHOOL 13212 11zz1 112zz t3zz1 ISN1 J 13242 1 13231 Address Map The 4.62 -acre Red Hill Lutheran Church and School complex is located at 13200 Red Hill Avenue. Red Hill Lutheran Church and the seven residential properties under consideration were annexed into the City in 1977 through the adoption of Ordinance No. 737. In conjunction with the annexation, four of the seven residential properties were prezoned from Single Family Residential (R1) to Public & Institutional (P &I) through the O.G ..CQ M/M R2 MOW" - MW CMAM(!f V281 112tl2 � F 11221 13261 1]2)2 132!1 1]282 I3231 J LANK MAY 1]191 S 11292 W n 15W2 13M, Address Map The 4.62 -acre Red Hill Lutheran Church and School complex is located at 13200 Red Hill Avenue. Red Hill Lutheran Church and the seven residential properties under consideration were annexed into the City in 1977 through the adoption of Ordinance No. 737. In conjunction with the annexation, four of the seven residential properties were prezoned from Single Family Residential (R1) to Public & Institutional (P &I) through the City Council Report GPA 2012 -02, ZC 2012 -01, and CUP 2012 -08 October 2, 2012 Page 4 adoption of Ordinance No. 742. The zoning of the other three properties was Single Family Residential (R1), and was not changed. Previous City 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 400 students (November 5, 1979); 2) CUP 05 -016, which authorized the placement of two (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, 2005); and 3) CUP 07 -003 and DR 07 -003, which authorized the construction of a new Christian Life Center (classroom and fellowship hall building), and the conversion an existing lunch shelter structure to a temporary fellowship hall and eventual classroom and kitchen facility. Site and Surrounding Properties Three of the seven residential properties are located on the easterly side of Red Hill Avenue, southerly of Melvin Way. The remaining four properties are located on the southerly side of Melvin Way, easterly of Red Hill Avenue (Attachment B — Location Map). Adjacent uses consist of the Red Hill Lutheran Church and School to the south and west, and single - family residences to the north and east. Single- family residences are also located to the north and west, across Red Hill Avenue. City Council Report GPA 2012 -02, ZC 2012 -01 October 2, 2012 Page 5 DISCUSSION and CUP 2012 -08 General Plan Amendment and Zone Change To accommodate uses associated with the church on the residential properties, including the church storage areas, an assembly use (Peter's Parish) at 1552 Melvin Way (the use of which has been suspended) and church housing /parsonages, a change in the General Plan land use and zoning designations from Low Density Residential and Single Family Residential, respectively, to Public and Institutional is necessary prior to conversion. The proposed General Plan Amendment to Public/] institutional and Zone Change to Public and Institutional are consistent with the existing Public and Institutional designations of the adjacent Red Hill Lutheran Church site. The following exhibits show the proposed General Plan Land Use designation and Zoning changes: Lev p Proposed Zone Change 2012 -01 g� Pad Z Cqq PR PD p QP 4�9L op, e Psi R1 P81 QO F E P4' - Pet J �? Q ga St- Rt q!H PO e9, oe U Existing 4 Pal 5y G`q PR \� y 5� Q4,F' P81 X� R1 !G� ;" \ '�i fit.AA A Rt IN Man Propm" City Council Report GPA 2012 -02, ZC 2012 -01, and CUP 2012 -08 October 2, 2012 Page 6 The proposed General Plan Amendment and Zone Change implement various goals and policies found within the City's General Plan as follows: • Goal 1 of the Land Use Element provides for a well balanced land use pattern that accommodates existing and future needs for a variety of land uses. • Policy 2.2 of the Land Use Element requires maintaining consistency among the Land Use Element, Zoning Ordinances, and other City ordinances, regulations, and standards. Goal 3 of the Land Use Element 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. • Goal 6 of the Land Use Element which 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 Permit If the City Council approves General Plan Amendment 2012 -002 and Zone Change 2012- 01, the approval of a Conditional Use Permit pursuant to Section 9245.b.(1) of the Tustin City Code will be required to allow the existing unpermitted uses associated with the church and to allow the proposed parsonages. As mentioned in the report, storage containers /sheds at the residences located at 13162 and 13232 Red Hill have been used as a storage area for the church and that the property at 1552 Melvin Way has been converted to an assembly use (Peter Parish Youth Ministry) not in compliance with applicable Building and Zoning Codes (Attachment D). Since then, the properties have been cleaned and junk, lumber, and trash have been removed from the properties as shown in the pictures below. The applicant, however, will be submitting plans for those structures to the Community Development Department for review and approval within a certain time period and prior to change of occupancy. The storage areas will be effectively screened from any right -of -way or public area. Peter's Parish Storage Area City Council Report GPA 2012 -02, ZC 2012 -01, and CUP 2012 -08 October 2, 2012 Page 7 The following table summarizes the existing and proposed uses at each of the seven (7) properties. Address Existing Use Proposed Use 13152 Red Hill Ave Residence Parsonage 13162 Red Hill Ave Residence/storage Parsonage/storage 13232 Red Hill Ave Residence/storage Parsonage/storage 1532 Melvin Way Residence Parsonage 1542 Melvin Way Residence Parsonage 1552 Melvin Way Assembly Use* Assembly Use 1562 Melvin Way Residence Parsonage * Use has been suspended until use is approved and permits are obtained. In determining whether to approve the Conditional Use Permit, the City Council must determine whether or not the proposed uses 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) The church storage area and assembly use (Peter's Parish) and proposed parsonages are authorized pursuant to Section 9245.b.(1) of the Tustin City Code with the approval of 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 church storage area, assembly use (Peter's Parish), and proposed parsonages are appropriate under the General Plan Land Use Element Public /Institutional designation in that the church and school function as quasi - public 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) 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 parking impacts since there is adequate number of parking spaces on the Red Hill Lutheran Church and School site to accommodate parking needs. 5) 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 Hill Lutheran Church to fulfill the conditions of approval and comply with all Building /Safety Codes. City Council Report GPA 2012 -02, ZC 2012 -01, and CUP 2012 -08 October 2, 2012 Page 8 6) As conditioned, Conditional Use Permit 2012 -08 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 -08 or is 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. 7) The implementation /application of the proposed conditions would ensure compatibility of the church related uses with the surrounding uses and the Tustin City Code. ENVIRONMENTAL ANALYSIS 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 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 Scott Reekstin Elizabeth A. Binsack Senior Planner Director of Community Development Attachments: A. Planning Commission Resolution Nos. 4202, 4203, and 4204 and draft minutes of Planning Commission meeting of September 11, 2012 B. Location Map C. Submitted Plans and Photographs D. Code Enforcement Photographs E. City Council Resolution No. 12 -83 (General Plan Amendment) F. Ordinance No. 1419 (Zone Change) G. City Council Resolution No. 12 -84 (Conditional Use Permit) ATTACHMENT A PLANNING COMMISSION RESOLUTION NOS. 4202, 4203, AND 4204 AND DRAFT MINUTES OF THE PLANNING COMMISSION MEETING ON SEPTEMBER 11, 2012 RESOLUTION NO. 4202 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING THAT THE CITY COUNCIL APPROVE GENERAL PLAN AMENDMENT 2012- 002 AMENDING THE GENERAL PLAN LAND USE DESIGNATIONS FROM LOW DENSITY RESIDENTIAL TO PUBLIC /INSTITUTIONAL TO ACCOMMODATE CHURCH RELATED USES AT 13152, 13162, AND 13232 RED HILL AVENUE AND 1532, 1542, 1552, 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 /Institutional 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 1 of the Land Use Element 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 Element, Zoning Ordinances, and other City ordinances, regulations, and standards. 3. Goal 3 of the Land Use Element 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 6 of the Land Use Element which 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. D. That the irrevocable offer of dedication of right of way along Red Hill Avenue to its ultimate primary arterial width in conjunction with Conditional Use Permit 2004 -008 is consistent with the City's Circulation Element of the General Plan Resolution No. 4202 Page 2 E. That the proposed amendments to the land use designation are in the best interest of the public and ensure consistency between the General Plan and the Zoning Ordinance. 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 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. II. The Planning Commission hereby recommends that the City Council approve General Plan Amendment 2012 -02 amending the General Plan Land Use Designation of the project site from Low Density Residential to Public/institutional, 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 11`h day of September, 2012. T OZAK Chairperson E IZA ETH 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. 4202 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 11`h day of September, 2012. ELIZABETH A. BINSACK Planning Commission Secretary a yi 0 Exhibit A Resolution No. 4202 Proposed General Plan Amendment 2012 -002 RESOLUTION NO. 4203 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING THAT THE CITY COUNCIL ADOPT ORDINANCE NO. 1419 (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 1532 AND 1542 MELVIN WAY. The Planning Commission does hereby resolve as follows: I. The Planning Commission 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 1532 and 1542 Melvin Way; B. That a public hearing was duly called, noticed, and held on said application on September 11, 2012, by the Planning Commission. C. That the proposed amendment to the zoning district is in the best interest of the public 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 Plan, 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 P &I zoning district. (c) The proposed Zone Change would allow church 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 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 ensure consistency between the General Plan and Zoning designations and Resolution No. 4203 Page 2 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. The Planning Commission hereby recommends that the City Council adopt Ordinance No. 1419 (Zone Change 2012 -001), amending the Zoning designations from Single Family Residential (R1) to Public and Institutional (P &I) zoning district, 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 11`h day of September, 2012. TE OZAK 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 passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 11th day of September, 2012. ELIZABETH A. BIN SACK Planning Commission Secretary EXHIBIT A - DRAFT ORDINANCE NO. 1419 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, 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 1532 AND 1542 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 1532 and 1542 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. 1419. C. That a public hearing was duly called, noticed, and held on said application on October 2, 2012, by the City Council. D. That the proposed amendment to the zoning district is in the best interest of the public and ensures consistency between the General Plan and the Zoning Ordinance. E. That the proposed zone change is consistent with General Plan Amendment 2012 -002 and the policies of the General Plan, as evidenced by the following findings. 1. The proposed zone change to the Public & Institutional District is consistent with General Plan 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. 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 ensure Ordinance No. 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 effect on the environment; therefore, the project is not subject to CEQA. SECTION 2. The City Council hereby adopts Ordinance No. 1419 (Zone Change 2012 -001), amending the Zoning designations from Single Family Residential (R1) to the Public and Institutional (P &I) zoning district, as identified in Exhibit 1 attached hereto. SECTION 3. Severability 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 NIELSEN MAYOR ATTEST: PAMELA STOKER CITY CLERK �.a Ordinance No. 1419 Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF TUSTIN ) CERTIFICATION FOR ORDINANCE NO. 1419 PAMELA STOKER, City Clerk and ex- officio Clerk of the City Council of the City of Tustin, California, 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, 2012, and was given its second reading, passed and adopted at a regular meeting of the City Council held on the 16`h day of October, 2012, by the following vote: COUNCILPERSONS AYES: COUNCILPERSONS NOES: COUNCILPERSONS ABSTAINED: COUNCILPERSONS ABSENT: PAMELA STOKER, City Clerk m Exhibit 1 Ordinance No. 1419 Proposed Zone Change 2012 -01 Pal Existing Paid N %J r Proposed r� f` 7 RESOLUTION NO. 4204 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, RECOMMENDING THAT THE CITY COUNCIL APPROVE CONDITIONAL USE PERMIT 2012 -08 AUTHORIZING CHURCH RELATED USES AT 13152, 13162, AND 13232 RED HILL AVENUE AND 1532, 1542, 1552, 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 for Conditional Use Permit 2012 -08 was filed by Pastor Joel Kelly of Red Hill 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 Melvin Way. B. That the Public /Institutional General Plan land use designation provide for a 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 -008. D. That a public hearing was duly called, noticed, and held for Conditional Use Permit 2012 -08 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 Element Resolution No. 4204 Page 2 Public/Institutional designation in that the church and school function as quasi - public 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 -08 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 -08 or is 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 Hill Lutheran Church and School and are not anticipated to result in parking impacts since there is an adequate number of parking spaces on the Red Hill 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 Red Hill 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 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. II. The Planning Commission hereby recommends that the City Council approve Conditional Use Permit 2012 -08 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 3 PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 11`" day of September, 2012. tTEVItAOZAK 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. 4204 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 11`" day of September, 2012. ELIZABETH A. BINSACK Planning Commission Secretary 3 EXHIBIT A RESOLUTION NO. 4204 CONDITIONAL USE PERMIT 2012 -08 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped September 11, 2012, 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. (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. (1) 1.3 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) 1.4 Approval of Conditional Use Permit 2012 -08 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 (TCC) and /or other applicable codes, laws, and conditions. Failure to comply with the conditions of approval set forth herein shall result in the issuance of an administrative citation pursuant to TCC 1162(a). The City may also take further legal action including issuing the responsible person(s) a criminal citation and /or abating the violation(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) 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 (1) 1.6 Conditional Use Permit 2012 -08 may be reviewed as often as 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 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) 1.7 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 reviewed and approved by the Community Development Department, Police Chief, and /or Public Works Department. Said mitigation measures may include, but are not limited to, the following: (a) Adjust hours of operation. (b) Reduce and /or eliminate activities (c) Provide additional parking. (1) 1.8 As a condition of approval of Conditional Use Permit 2012 -08, the applicant shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision - making body, including staff, concerning this project. The City agrees to promptly notify the applicant of any such claim or action filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in the defense of any such action under this condition. Exhibit A Resolution No. 4204 CUP 2012 -08 Page 2 (1) 1.6 Conditional Use Permit 2012 -08 may be reviewed as often as 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 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) 1.7 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 reviewed and approved by the Community Development Department, Police Chief, and /or Public Works Department. Said mitigation measures may include, but are not limited to, the following: (a) Adjust hours of operation. (b) Reduce and /or eliminate activities (c) Provide additional parking. (1) 1.8 As a condition of approval of Conditional Use Permit 2012 -08, the applicant shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision - making body, including staff, concerning this project. The City agrees to promptly notify the applicant of any such claim or action filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in the defense of any such action under this condition. Exhibit A Resolution No. 4204 CUP 2012 -08 Page 3 (1) 1.9 The applicant shall be responsible for costs associated with 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. USE RESTRICTIONS (1) 2.1 All storage areas, including all sheds, shall be adequately screened from view, as approved by the Director of Community Development. The screening shall be maintained in good condition at all times. 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 -08, and shall install the screening within ninety (90) days of the Council's approval. (1) 2.2 No outdoor storage shall be permitted except within approved storage sheds, or as approved by the Director of Community Development. (1) 2.3 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 elevations and front yards of the properties at 13152, 13162, 13232 Red Hill Avenue and 1532, 1542, 1552, and 1562 Melvin Way shall resemble those of single family residences. (1) 2.5 The buildings at 13152, 13162, and 13232 Red Hill Avenue and 1532, 1542, and 1562 Melvin Way shall be used as single family residential parsonages for church members and /or church staff only. (1) 2.6 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 13162 and 13232 Red Hill Avenue only. (1) 2.7 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. Parking shall be limited to the church property and the frontages of the properties at 1532, 1542, 1552, and 1562 Melvin Way. N11-1 (1) 3.1 The use change for the building located at 1552 Melvin Way will require a building permit and conformance to applicable building regulations. Evaluation of additions and alterations not permitted 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 Building Code), City Ordinances, State, Federal laws, and regulations as adopted by the City Council of the City of Tustin. PUBLIC WORKS (1,S) 4.1 Prior to issuance of a building permit, the applicant shall be required to provide an irrevocable offer to dedicate in fee title the right of way along Red Hill Avenue to its ultimate primary arterial width, including the comer cut-off at the southeast comer of Red Hill Avenue and Melvin Way, to be consistent with the Circulation Element of the Tustin General Plan. (1,5) 4.2 Prior to issuance of a Building Permit for 1552 Melvin Way, the applicant shall provide a written acknowledgement from the Transportation Corridor Agency (TCA) for the change of use (from residential to non - residential), and pay appropriate fees as necessary. (1,5) 4.3 Prior to the issuance of a Building Permit to 1552 Melvin Way, the applicant shall provide written acknowledgement from the Orange County Sanitation District for the change in use (from residential to non- residential), and pay appropriate fees as necessary. FEES (1,5) 5.1 Within (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 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. Exhibit A Resolution No. 4204 CUP 2012 -08 Page 4 BUILDING DIVISION (1) 3.1 The use change for the building located at 1552 Melvin Way will require a building permit and conformance to applicable building regulations. Evaluation of additions and alterations not permitted 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 Building Code), City Ordinances, State, Federal laws, and regulations as adopted by the City Council of the City of Tustin. PUBLIC WORKS (1,S) 4.1 Prior to issuance of a building permit, the applicant shall be required to provide an irrevocable offer to dedicate in fee title the right of way along Red Hill Avenue to its ultimate primary arterial width, including the comer cut-off at the southeast comer of Red Hill Avenue and Melvin Way, to be consistent with the Circulation Element of the Tustin General Plan. (1,5) 4.2 Prior to issuance of a Building Permit for 1552 Melvin Way, the applicant shall provide a written acknowledgement from the Transportation Corridor Agency (TCA) for the change of use (from residential to non - residential), and pay appropriate fees as necessary. (1,5) 4.3 Prior to the issuance of a Building Permit to 1552 Melvin Way, the applicant shall provide written acknowledgement from the Orange County Sanitation District for the change in use (from residential to non- residential), and pay appropriate fees as necessary. FEES (1,5) 5.1 Within (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 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. SPECIAL MEETING CITYWIDE PROJECTS TOUR — 5:30 p.m. CANCELLED MINUTES REGULAR MEETING TUSTIN PLANNING COMMISSION SEPTEMBER 11, 2012 7:00 p.m. CALL TO ORDER Staff Present None Approved Motion: INVOCATION /PLEDGE OF ROLL CALL: Item #1 Moore of Community Development &tor of Community Development Engineer cording Secretary CALENDAR: 9PROVAL OF MINUTES PLANNING COMMISSION. RECOMMENDATION: AUGUST 28, 2012, That the Planning Commission approve the minutes of the August 28, 2012, meeting as provided. It was moved by Eckman, seconded by Thompson, to move the consent calendar. Motion carried 4 -0. PUBLIC HEARINGS: Adopted Resolutions 2. GENERAL PLAN AMENDMENT (GPA) 2012 -002, ZONE 4202, 4203, and 4204 CHANGE (ZC) 2012 -001, AND CONDITIONAL USE as amended PERMIT (CUP) 2012 -08. The request is for Planning Commission recommendation of approval of GPA 2012 -002, ZC 2012- 001 and CUP 2012 -08 to change the General Plan Land Use designation of seven residential properties on Red Hill Avenue and Melvin Way from Low Density Residential to Public /Institutional; change the zoning designation of three residential properties from Single Family Residential (R1) to Public and Institutional; and obtain a Conditional Use Permit to allow a church storage area at 13162 and 13232 Red Hill Avenue and an assembly use at - • 2 Melvin Way, and to use the remaining six resi as church housing /parsonages. APPLICANT: Re Lutheran Church 1320 Hill Avenue Tustin, 780 RS: ed Hill Luthera?rChurch Trust 3200 Red Hill Avenue fin, CA 92780 -NTAL: Evangelical Lutheran Church 13200 Red Hill Avenue Tustin, CA 92780 13152, 13162, and 13232 Red Hill Avenue 1532, 1542, 1552, and 1562 Melvin Way 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 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. Agenda — Planning Commission September 11, 2012 — Page 2 of 6 Reekstin RECOMMENDATION: That the Planning Commission: 1. Adopt Resolution No. 4202 recommending that the City Council approve General Plan Amendment 2012- 002 to change the General Plan Land Use designation of seven residential properties on Red Hill Avenue and Melvin Way from Low Density Residential to Public /Institutional. 2. Adopt Resolutio 4203 recommending that the City Council ad rdinance No. 1419 (Zone Change 2012 -001) c the zoning designation of three residential a from Single Family Residential (R1) to is and in 'onal (P &I). 3. Ado esolution No. 420 ommending that the City Counc rove nditiona Permit 2012 -08 to allow a c e area at and 13232 Red I Avenue n assembly use t 1552 Melvin Way, to u six residences as church The ctor pr ' ed additional background information, stating )7t s bMot ng with Red Hill Lutheran Church for xlm on various projects at the site. The propo ects a plan which is the result of collaborative een the City and the Church during this time. Stated be' s that the proposal ensures the orderly and safe tions the multiple uses at the site, it also ensures the safe f the buildings, and it provides flexibility for the Church and ity to work together to address changing needs over time. d the proposal before the Commission is a true reflection of the site has already been operating for years, and the Conditions of Approval for the project ensure that there is a smooth integration for each of the uses into the Community. Agenda — Planning Commission September 11, 2012 — Page 3 of 6 Eckman Planning Commission questions included: prior code enforcement action /complaints at the site; General Plan versus Zoning Code consistency; right -of -way dedication and the impact on the properties as existing today; processes for working with the Transportation Corridor and Sanitation District on site improvements; repercussions if the Church sold a property on the site after the Zoning Code has changed; parking impacts in the area; traffic circulation; screening on site; and screening /location of the storage sheds. The public hearing opened at 7:32 p.m. The applicant, speak. Pastor 0, him on the ' t. hearehrounding ncerns to t com ith City his r� site d Joel Kelly stepped forward to nked City staff for working with ured the Commission that he wants to be a good neighbor M ces as well as be in de . soonded to Commission Ar)action ed forward To express concerns ic impaction on Melvin Way. His street from the Church property, S le to pull into his driveway at fr uently cars parked in front of aged the Commission to visit the hen school is in session to see the area. Feels that the Church QNidences for institu tional uses will lower the own property. closed at 7:39 p.m. ission entered deliberation of the project proposal. had initial concerns regarding prior code violations at :y as well as the letter of opposition received from a neighbor to the property. Hopes that the Church can outreach with their neighbors to resolve these concerns, and proposed permit parking on Melvin way as a solution. Believes this application is a great opportunity for the Church and thanked them for working with the City on the project. Is in support of the proposed project. Agenda — Planning Commission September 11, 2012 — Page 4 of 6 Moore Requested to speak with Pastor Kelly once more. Asked how the current use of the parsonages on Melvin way would be different after the zone change, if at all. Wants to ensure that parking and drop -off to Peter's Parish is conducted behind the property. Kozak Asked whether there were volunteers from the Church to monitor traffic during peak hours. Thompson Moore The public hearing was reopened at 7:41 p.m. Pastor Joel Kelly responded stating that there should not be any noticedifference in the use before and after the zone c . Peter's Parish on Melvin Way is meant to loo el like a residence, with entry and loading /unlo ssembly use happening behind the prop eassu a Commission that the other parso on Melvin were, and will, continue to be as single fami sidences. Pastor Kelly respon to Ch ' Kozak' uiry regarding traffic control, b JR at there traffic monitors for pial even a church, but n�i during school days; r, drop- mes for school days are staggered ' additi signage to direct traffic flow. blic Prop d a ch to Condition 2.7 to add that parking shall be tirrli he ch property frontages along Melvin Way. o ck from staff regarding the Circulation and m e Red Hill Lutheran School CUP. Requested ion 1.6 a modified to state "as often as necessary" for eriod. Proposed adding the statement "and pay es as necessary" in Conditions 4.2 and 4.3. expanding Condition 2.4 to include the addresses of uch properties with frontages on Red Hill and Melvin Id like to specify that the residences are single - family parsonages in Condition 2.5. Suggested an addition to Condition 2.1 that the screening be Kozak maintained in good condition at all times. Thanked the members of Red Hill Lutheran Church who attended the meeting. Supports the project as amended by the Commission. Motion: It was moved by Thompson, seconded by Eckman, to adopt Resolutions 4202, 4203, and 4204 as amended. Motion carried 4 -0. Agenda — Planning Commission September 11, 2012 — Page 5 of 6 None Eckman Moore Thompson Kozak 8:05 p.m. REGULAR BUSINESS STAFF CONCERNS: The Director reported as follows: • Mayor Nielsen will be holding a Town Hall meeting and the Commission is welcome to attend; • An appeal was received for the Goodwill establishment which was considered by the Commission at their prior meeting. The item will be heard at the first City Council meeting in October. COMMISSION Attended •a: was a . cN4 Stated h0% a -. A • :.: • • 3<. - v 11 rem " ance ceremony and stated it 1 event. hm go t to thos o lost loved ones on OC s Fare Workshop which provided gardi djusting bus fares; C I tructure Committee meeting n was water use. Commented approximately 20% in recent for facilitating the 9 -11 remembrance AlP ed the 9 -11 remembrance ceremony. Recognized Ma Pro Tern Murray for speaking at the event and singers from Beckman High School for performing; Announced that the Tustin Community Foundation will hold the 2nd Annual Divine Wine Affair; Would like to adjourn with remembrance for those who lost their lives in 9 -11 and in the continuing war against terrorism. ADJOURNMENT: The next regular meeting of the Planning Commission is scheduled for Tuesday, September 25, 2012, at 7:00 p.m. in the City Council Chamber at 300 Centennial Way. Closed in Honor and remembrance of those who lost their lives in 9 -11 and in the continuing war against terrorism. Agenda — Planning Commission September 11, 2012 — Page 6 of 6 ATTACHMENT B LOCATION MAP LOCATION MAP GPA 2012 -002, ZC 2012 -001, CUP 2012 -008 ATTACHMENT C SUBMITTED PLANS AND PHOTOGRAPHS Ig � 1 1 1 1 6 1 1 1 1 1 1 1 5 5 1 1 a 3nN3AV IIIH 43N 'e � . �t F i J 1 n v I�Ff 6 / '1 1 111 I 6 I I I I� I I RS :a 4 � I @@ 1! Ig � 1 1 1 1 6 1 1 1 1 1 1 1 5 5 1 1 a 3nN3AV IIIH 43N 'e � . �t F 1 n v I�Ff 6 v '1 1 111 I 6 I I I I� I I RS :a 4 � I @@ 1! a 1 I O f I 4 I _ o I Ig � 1 1 1 1 6 1 1 1 1 1 1 1 5 5 1 1 a 3nN3AV IIIH 43N 'e � . �t F 1 n v I�Ff 6 v � a 11111111111111 4 9ll@ RS :a 4 � Cyp �aaaaaaa @@ 1! a 1 I O laas9assa _ Ig � 1 1 1 1 6 1 1 1 1 1 1 1 5 5 1 1 a 3nN3AV IIIH 43N 'e � . �t F v I�Ff SPPPP yp RS :a 4 � Cyp �aaaaaaa p( g1a i laas9assa o laiiaaa�.l�i d s a MOM e1111/1/111, ;885 '5 �Q53asae �9a o 5_�aeaa a O- n 8 � i e y--� ----- --------- ---o'er - -- ---- SF�rs q R ♦t • • • 1: is R a W -. t� l L' _I v Q N N � � r N ti O � N w � d C rA O O � L � Z ti wl i, &W Nib m No wSJ w. Y. MW 0. < < e � r. Y 14 �R� , i NI� 1 s ��; � � : . ha:;.a' vas '.� .�, _ � �. �. ' � �. J. '� �� � ',� t �� nr, � ;� d N % �0 Q W L 2 j � � U! � � N �, O N N w m � � � � m y o ��� a` Z 3 s ,� i � i s o v ��� N � Oi .,.,.. N N w .._ ., m n � � � .. m v � = v 3 v a r a > s ,� i it Pit:.� k, I goo r QJ < < Pit:.� k, I ¥ � � � � f >§ �• �» \ - �2\ jy ®? 6` \ f \ }\ \ \\ ■ jj�� ; V4T 4 � L O p O N N w N C C m O N O w f II' � o � 1.F I F I � � o N N w Ln� d e-I fp N O � i i c9� i I T? ATTACHMENT D CODE ENFORCEMENT PHOTOS t" 0 cp 4-4 cn^ P -+ in rd M �•' -0� E rd 0 P cn M ^ F � � cp o 9 j t rQ a N-1 5 0 P q� rd cn f 4� �-r P4 0 to t" 0 cp 4-4 cn^ P -+ in rd M �•' -0� E rd 0 P cn M ^ F � � cp o 9 j t rQ a N-1 5 0 P q� rd cn f ATTACHMENT E CITY COUNCIL RESOLUTION NO. 12 -83 (GENERAL PLAN AMENDMENT) RESOLUTION NO. 12 -83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT 2012 -02, AMENDING THE GENERAL PLAN LAND USE DESIGNATIONS FROM LOW DENSITY RESIDENTIAL TO PUBLIC /INSTITUTIONAL TO ACCOMMODATE CHURCH RELATED USES AT 13152, 13162, AND 13232 RED HILL AVENUE AND 1532, 1542, 1552, AND 1562 MELVIN WAY. The City Council of the City of Tustin does hereby resolve as follows: I. The City Council 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 /Institutional 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. The Planning Commission adopted Resolution Nos. 4202, 4203, and 4204, recommending that the City Council approve GPA 2012 -02, ZC 2012 -01, and CUP 2012 -08. C. That a public hearing was duly called, noticed, and held on said application on October 2, 2012, by the City Council. D. 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 1 of the Land Use Element 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 Element, Zoning Ordinances, and other City ordinances, regulations, and standards. 3. Goal 3 of the Land Use Element 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 6 of the Land Use Element which encourages improvement of urban design in Tustin to ensure development that is both Resolution No. 12 -83 Page 2 architecturally and functionally compatible, and to create uniquely identifiable neighborhoods, commercial, and business park districts. E. That the irrevocable offer of dedication of right of way along Red Hill Avenue to its ultimate primary arterial width in conjunction with Conditional Use Permit 2012 -08 is consistent with the City's Circulation Element of the General Plan. F. That the proposed amendments to the land use designation are in the best interest of the public and ensure consistency between the General Plan and the Zoning Ordinance. G. 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 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 II. The City Council hereby approves General Plan Amendment 2012 -02, amending the General Plan Land Use Designation of the project site from Low Density Residential to Public/institutional, as identified in Exhibit A attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin City Council held on the 2nd day of October, 2012. JOHN NIELSEN MAYOR ATTEST: PAMELA STOKER CITY CLERK Resolution No. 12 -83 Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) I, Pamela Stoker, City Clerk and ex- officio Clerk of the City Council of the City of Tustin, California, do 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 Resolution No. 12 -83 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the god day of October, 2012, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER CITY CLERK 13 Exhibit A Resolution No. 12 -83 Proposed General Plan Amendment 2012 -002 g PI PO �� LDR O OP qL 2J� LDR � P0P41 ,4 5 LDR PO PI P PJ Op O 4� f�yy t( O 9(ti 'yc` ,yQe Existing q vl Z�9 PO LDR 9 (yryo S41 9L O LDR - Op4r 4 �WP �4 PI P, LDRO? 4� f\yv �09 Proposed r_r IJ,I=1.ki9 ORDINANCE NO. 1419 (ZONE CHANGE) ORDINANCE NO. 1419 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, 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 1532 AND 1542 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 1532 and 1542 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. 1419. C. That a public hearing was duly called, noticed, and held on said application on October 2, 2012, by the City Council. D. That the proposed amendment to the zoning district is in the best interest of the public and ensures consistency between the General Plan and the Zoning Ordinance. E. That the proposed zone change is consistent with General Plan Amendment 2012 -002 and the policies of the General Plan, as evidenced by the following findings. 1. The proposed zone change to the Public & Institutional District is consistent with General Plan 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. 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 ensure Ordinance No. 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 effect on the environment; therefore, the project is not subject to CEQA. SECTION 2. The City Council hereby adopts Ordinance No. 1419 (Zone Change 2012 -001), amending the Zoning designations from Single Family Residential (R1) to the Public and Institutional (P &I) zoning district, as identified in Exhibit 1 attached hereto. SECTION 3. Severability 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 16`" day of October, 2012. JOHN NIELSEN MAYOR ATTEST: PAMELA STOKER CITY CLERK Ordinance No. 1419 Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF TUSTIN ) CERTIFICATION FOR ORDINANCE NO. 1419 PAMELA STOKER, City Clerk and ex- officio Clerk of the City Council of the City of Tustin, California, 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, 2012, and was given its second reading, passed and adopted at a regular meeting of the City Council held on the 16`h day of October, 2012, by the following vote: COUNCILPERSONS AYES: COUNCILPERSONS NOES: COUNCILPERSONS ABSTAINED: COUNCILPERSONS ABSENT: . PAMELA STOKER, City Clerk W Exhibit 1 Ordinance No. 1419 Proposed Zone Change 2012 -01 Q vai yOqP PR PD p Op ��9y J� J � Rl Oro ? tf PBI R1 P81 QO 0� PHI 11411` PJ OP O R1 9( R1 G9lH PD Existing P &I PR Pp � jS ? p J ? R1 VZO 0P 4.Q J e` P61 4? y J P81 Rt YL R1 9[4 PD Proposed ATTACHMENT G CITY COUNCIL RESOLUTION NO. 12 -84 RESOLUTION NO. 12 -84 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 2012 -08, AUTHORIZING CHURCH RELATED USES AT 13152, 13162, AND 13232 RED HILL AVENUE AND 1532, 1542, 1552, AND 1562 MELVIN WAY. The City Council of the City of Tustin does hereby resolve as follows: I. The City Council finds and determines as follows: A. That a proper application for Conditional Use Permit 2012 -08 was filed by Pastor Joel Kelly of Red Hill 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 Melvin Way. B. 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 -008. C. That the Public /Institutional General Plan land use designation provides for a 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 D. That a public hearing was duly called, noticed, and held on said application on September 11, 2012, by the Planning Commission. The Planning Commission adopted Resolution Nos. 4202, 4203, and 4204, recommending that the City Council approve GPA 2012 -02, ZC 2012 -01, and CUP 2012 -08. E. That a public hearing was duly called, noticed, and held on said application on October 2, 2012, by the City Council. 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, 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 General Plan Amendment 2012 -002 and Zone Change 2012- 001. Resolution No. 12 -84 Page 2 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 Element Public/Institutional designation in that the church and school function as quasi - public 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 -08 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 -08 or is 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 Hill Lutheran Church and School and are not anticipated to result in parking impacts since there is an adequate number of parking spaces on the Red Hill 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 Red Hill Lutheran Church to fulfill the conditions of approval and comply with all Building /Safety Codes. G. 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 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. Resolution No. 12 -84 Page 3 II. The City Council hereby approves Conditional Use Permit 2012 -08 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. PASSED AND ADOPTED at a regular meeting of the Tustin City Council held on the 2nd day of October, 2012. JOHN NIELSEN MAYOR ATTEST: PAMELA STOKER CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) I, Pamela Stoker, City Clerk and ex- officio Clerk of the City Council of the City of Tustin, California, do 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 Resolution No. 12 -84 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 2nd day of October, 2012, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER CITY CLERK EXHIBIT A RESOLUTION NO. 12-84 CONDITIONAL USE PERMIT 2012 -08 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped September 11, 2012, 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. (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. (1) 1.3 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) 1.4 Approval of Conditional Use Permit 2012 -08 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 (TCC) and /or other applicable codes, laws, and conditions. Failure to comply with the conditions of approval set forth herein shall result in the issuance of an administrative citation pursuant to TCC 1162(a). The City may also take further legal action including issuing the responsible person(s) a criminal citation and /or abating the violation(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. (1) 1.6 Conditional Use Permit 2012 -08 may be reviewed as often as necessary, by the Community Development Director. The Community Development Director shall review the use to ascertain compliance with conditions of Exhibit A Resolution No 12 -84 Page 2 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 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) 1.7 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 reviewed and approved by the Community Development Department, Police Chief, and /or Public Works Department. Said mitigation measures may include, but are not limited to, the following: (a) Adjust hours of operation. (b) Reduce and /or eliminate activities. (c) Provide additional parking. (1) 1.8 As a condition of approval of Conditional Use Permit 2012 -08, the applicant shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision - making body, including staff, concerning this project. The City agrees to promptly notify the applicant of any such claim or action filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in the defense of any such action under this condition. (1) 1.9 The applicant shall be responsible for costs associated with 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. (1) 1.10 Conditional Use Permit 2012 -08 shall not become effective unless General Plan Amendment 2012 -02 and Zone Change 2012 -01 are adopted by the City Council. Exhibit A Resolution No. 12 -84 Page 3 USE RESTRICTIONS (1) 2.1 All storage areas, including all sheds, shall be adequately screened from view, as approved by the Director of Community Development. The screening shall be maintained in good condition at all times. 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 -08, and shall install the screening within ninety (90) days of the Council's approval. (1) 2.2 No outdoor storage shall be permitted except within approved storage sheds, or as approved by the Director of Community Development. (1) 2.3 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 elevations and front yards of the properties at 13152, 13162, 13232 Red Hill Avenue and 1532, 1542, 1552, and 1562 Melvin Way shall resemble those of single family residences. (1) 2.5 The buildings at 13152, 13162, and 13232 Red Hill Avenue and 1532, 1542, and 1562 Melvin Way shall be used as single family residential parsonages for church members and /or church staff only. (1) 2.6 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 13162 and 13232 Red Hill Avenue only. (1) 2.7 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. Parking shall be limited to the church property and the frontages of the properties at 1532, 1542, 1552, and 1562 Melvin Way. BUILDING DIVISION (1) 3.1 The use change for the building located at 1552 Melvin Way will require a building permit and conformance to applicable building regulations. Evaluation of additions and alterations not permitted must be evaluated and corrected through the building permit process. At the time of building Exhibit A Resolution No. 12 -84 Page 4 permit application, the plans shall comply with the latest edition of the codes (2010 building codes, 2011 Green Building Code), City Ordinances, State, Federal laws, and regulations as adopted by the City Council of the City of Tustin. PUBLIC WORKS (1,5) 4.1 Prior to issuance of a building permit, the applicant shall be required to provide an irrevocable offer to dedicate in fee title the right of way along Red Hill Avenue to its ultimate primary arterial width, including the corner cut -off at the southeast corner of Red Hill Avenue and Melvin Way, to be consistent with the Circulation Element of the Tustin General Plan. (1,5) 4.2 Prior to issuance of a Building Permit for 1552 Melvin Way, the applicant shall provide a written acknowledgement from the Transportation Corridor Agency (TCA) for the change of use (from residential to non - residential), and pay appropriate fees as necessary. (1,5) 4.3 Prior to the issuance of a Building Permit to 1552 Melvin Way, the applicant shall provide written acknowledgement from the Orange County Sanitation District for the change in use (from residential to non- residential), and pay appropriate fees as necessary. FEES (1,5) 5.1 Within (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 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.