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Home My WebLink AboutPH 1 USE PERMIT 88-5 04-04-88DATE: APRIL 4, 1988 PUBLIC HEARING NO. 1 4-4 -88 Inter- Com TO: FROM: SUBJECT: WILLIAM HUSTON, CITY MANAGER COMIIJNITY DEVELOPMENT DEPARTMENT APPEAL OF USE PERMIT NO. 88-5 - THE VINEYARD CHRISTIAN FELLOWSHIP 330 14. FIRST STREET RECOHMENDATION That the City Council uphold She decision of the Planning Commission conditionally approving Use Permit 88-5, by adoption of Resolution No. 88-36 hereby attached. BACKGROUND Fhe Planning Commission at its meeting of March 14, 1988 approved Use Permit 88-5 allowing a church use at 30 West Sixth Street in the Planned Industrial District (PM) subject to conditions stated in Resolution No. 2474 (attached). On March 16, 1988, residents in the area appealed the Planning Commission's decision. The appeal request along with letters from concerned residents are attached. The appeal raised issues related to parking, circulation and enforcement of mitigation measures and also questioned the validity of the approved Negative Declaration for the project. For the information of the City Council, this report will provide a description of subject project and will address issues raised in the appeal. The applicant proposes to occupy an approximate 8,100 square foot portion of an existing industrial building located at the southwest corner of Sixth and "B" Streets in a large industrial complex of approximately 179,301 square feet. Existing zoning and land uses surrounding the site are shown on Attachment I. As shown, single family residential uses in the R-1 zone are located to the immediate north across Sixth Street; multi-family in the R-3 zone to the northeast; and industrial, office and church (B'nai Israel) uses to the east across "B"" Street in the PM and C-2 zoning districts. Planning Commission Report April 4, 1988 Use Permit 88-5 Page two The 8,100 square foot church facility proposes to include approximately 4,980 square feet of classroom, conference, office and miscellaneous work space and approximately 3,120 square feet of church seating area. Proposed hours of operation and church attendance are limited by the Conditional Use Permit as follows' 1. Sunday services shall be limited to the hours of 8 a.m. to 2 p.m. and 4 p.m. to 8 p.m. The maximum number of people allowed in the sanctuary area is 359 adults. 2. Training Center Activities shall be limited to one night during the week (Monday through Friday) and shall be restricted to the hours of 7-9 p.m. Attendance shall be restricted to a maximum of 225 persons. - 3. Saturday seminars shall not be offered more frequently than once every six weeks and shall be limited to the hours of 10 a.m. to 2 p.m. Attendance shall be restricted to a maximum of 225 persons. It appears that existing trade schools on the subject site would be closed on Saturdays and Sundays. The synagogue on "B" Street meets on Fridays at 8:00 p.m. and Saturdays at 9:30 a.m. and has Monday through Friday office hours between 10 a.m. and 2 p.m. DISCUSSIOM In order to respond to the appeal of area residents, there are several factors that the City Council should consider in their review of subject Conditional Use Permit. 1. Traffic - Per the traffic engineer, a single church of 8,000 square feet, operating at full capacity, located in the PM District would generate 120 trips per weekday, out of the 1,384 trips generated by the center as a whole. On weekends the church would generate 360 trips while the center would generate an insignificant amount. Trips generated by the church on weekends represent three (3) percent of the daily trips generated by the complex. Therefore, total trips generated by the church will be easily absorbed by the surrounding street system, provided ample parking is available. Per information submitted by the applicant, businesses and the schools operating within the industrial complex and adjacent to it, function only during the week. Synagogue services are on Fridays and Saturdays and do not conflict with proposed church services. The Synagogue al so has · sufficient parking to accommodate their demand. Corn rnunity DeveloPrnen~ Department Planning Commission Report April 4, 1988 Use Permit 88-5 Page three · Parking/Circulation - As described above, church activities will be concentrated on the weekends, with the exception of the Wednesday night training center and Saturday seminars.~ Sunday services include worship services in the sanctuary and Sunday classes for children and toddlers. The expected number of people in attendance at any one time is 287. A maximum of 359 seats are proposed for the sanctuary and 149 seats for the classroom areas while the maximum occupancy load permitted by the Building Code would be 433 persons in the sanctuary and 366 person in classroom areas. Based on the proposed'number of seats (maximum number of seats is conditioned in Planning Commission Resolution 2474) and the square footage of office and classroom space in the facility, the City's current parking requirements, would require 145 parking spaces for the proposed use {one parking space per three (3) seats in the sanctuary and one parking space per 200 square feet of miscellaneous classroom and office area). There are a total of 209 parking spaces provided in the industrial complex. All but approximately 30 spaces of the total spaces in the complex are unused in the evenings and on weekends. In order to comply with the City's parking requirements, the Planning Commission's approval of the subject Use Permit was conditioned with the requirement that a Reciprocal Parking Agreement be signed by the applicant, property owner and reviewed by the City. The reciprocal parking agreement would allow joint use of parking spaces on weekends and evenings for 145 spaces out of the 209 spaces allocated to the industrial complex. In addition, due to the awkward and disjoined parking layout which may discourage people from parking on-site, the church is responsible for designing an enforcement program to prohibit people from parking along Sixth Street and 'B' Street north of Sixth Street. 3. Enforcement of Mitigation Measures - Enforcement of mitigation measures would usually be triggered by any violation to the conditions of approval of subject use permit, such as hours of operation, maximum seating capacity, etc. In the event of a violation of any condition of approval on the project revocation procedures are established in the Tustin City Code and the City Council would revoke the use permit after holding a noticed public hearing. Community Development Department '/ Planning Commission April 4, 1988 Use Permit 88-5 Page four Report e .Negative Declaration - Proposed mitigation measures are found to reduce potential adverse impacts of the proposed church to a level of insignificance. No further documentation would be required per the California Environmental Quality Act (see attached Negative Declaration). CONCLUSION It is recommended that the City Council Commission conditionally approving Use Resolution No. 88-36 attached. uphold the decision of the Planning Permit No. 88-5 by the adoption of Yatrizia Materassi, Planner Christine A. Director of Community Development PM-CAS-ts Attachments' Planning Commission Resolution No. Appeal and other correspondence Vicinity Map Site Plan Negative Declaration and related doc umen ta ti on Resolution No. 88-36 2474 ---- Corn rnuni~y DeveloPment Depar~rnen~ RESOLUTION NO-~. 88-36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA UPHOLDING THE DECISION OF' THE PLANNING COMMISSION CONDITIONALLY APPROVING USE PERMIT 88-5 TO ALLOW A CHURCH USE IN THE PLANNED INDUSTRIAL DISTRICT {PM) AT 330 W. SIXTH STREET The City Council of the City of Tustin, California does hereby resolve as 6 follows- ? I. The City Council finds and determines that- 8 9 10 11 A. That a proper application (Use Permit 88-5) has been filed on behalf of the Vineyard Christian Fellowship to allow a church to be located in the Planned Industrial District {PM) at 330 W. Sixth Street. B. That a public hearing was duly called, noticed and held on said application. 12 13 C. That the Planning Commission has reviewed and approved Use Permit 88-5 subject to conditions of approval stated in Resolution No. 2474. 14 15 D. That an appeal was filed by area residents appealing the decision of the Planning Commission of approving subject Use Permit and respective Negative 'Declaration. 16 17 18 19 2O 21 22 23 24 25 26 27 E. That a public hearing was duly called, noticed and held on said appeal. F. That a mitigated Negative Declaration has been prepared and is hereby certified for the project according to the California Environmental Quality Act. The City Council has reviewed and considered the information contained in the Negative Declaration and initial study prior to approving the subject project. G. That establishment, maintenance, and operation of the use applied for will not, under the circumstances of this ca se, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use, evidenced by the following findings: 1. The Planned Industrial District (PM) as amended, lists church uses as a permitted use subject to a Conditional Use Permit. · The Conditional Use Permit will provide the ability to mitigate any potential impacts of a church use in the PM District through imposition of the conditions of approval. 28 Resolution No. 88-36 Page two 4 5 6 7 8 9 . That a Negative Declaration in conformance wi th the California Environmental Quality Act has been prepared and hereby is approved. II. The City Council hereby uphold the decision of the Planning Commission approving Conditional Use Permit No. 88-5 subject to the conditions stated in Planning Commission Resolution No. 2474. PASSED AND ADOPTED at a regular meeting of the City Council, held on the day of , 1988. 10 11 12i 13 14 Mary Wynn, City Clerk Ronald B. Hoesterey, Mayor 15 16 17 18 19 23 24 25t 26 27 28 1 2 3 4 5 9 10 11~ I 12 13 14 15 1(;I 17 18 19 20 21 24 25 28 RESOLUTION NO. 2474 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA APPROVING USE PERMIT 88-5 TO ALLOW A CHURCH USE IN THE PLANNED INDUSTRIAL DISTRICT (PM) AT 330 W. SIXTH STREET The Planning Commission of the City of Tustin, California does hereby resolve as follows: I~ The Planning Commission finds and determines that: A:. That a proper application (Use Permit 88-5) has been filed on behalf of the Vineyard Christian Fellowship to allow a church to be located in the Planned Industrial District {PM) at '330 W. Sixth Street. B. That a public hearing was duly called, noticed and held on said application. C. A mitigated Negal~ive Declaration has been prepared and is hereby certi fi ed for the project according to the Cal i forni a Environmental Quality Act. The Planning Commission has' reviewed and considered the information contained in the Negative Declaration and initial study prior to approving the subject project. D. That establishment, maintenance, and operation of the use applied for will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in'the'neighborhood of such proposed use, evidenced by the following findings: 1. The Planned Industrial District {PM) as amended, lists church uses as a permitted use subject to a Conditional Use Permit. 2. The Conditional Use Permit will provide the ability to mitigate any potential impacts of a church use in the PM District through impositi, on of the conditions of approval. 3. That a Negative Declaration in conformance with the California Environmental Quality Act has been prepared and · hereby is approved. II. The Planning Commission hereby .approves Conditional Use Permit No. 88-5 subject to the following conditions' A. Final City Council aproval of Zoning Ordinance Amendment 88-3. B. Th'e proposed project shall subsequently comply wi th submitted plans for the project, stamped and on file with the Community Development Department, as herein modified or as modified by the Director of Community Development in accordance wi th these condi ti OhS. Resolution No. 2474 Page two 4 5 6 7 8 9 III 12 14 15 Ce F® Ge Unless otherwise specified, conditions contafned in this resolution shall be complied with prior to issuance of a building permit for the project, subject to review and approval by the Orange County Fi re Department and the Community Development Oepartment. Proposed tenant space and tenant improvements shall comply with Uniform Building Code, Group "A" requirements. Requirements may include but not be limited to additional fire walls, exits, etc. A sprinkler system is required per Uniform Building Code, Sections 3802, (Ordinance No. 995), 508 and Table SC. Construction plans for any building alterations and to insure compliance with conditions C and D above shall be submitted for review and approval of the Building Official. - . Applicant and property owner shall prepare and execute a Reciprocal Parking Agreement to allow joint use of 145 parking spaces allocated to the industral complex on weekends and 75 spaces on' evenings and Saturdays subject to review and approval by City prior to recordation. 16 17 18 19 20 21 H · The following limitations shall apply to church related activities on the subject property: 1. Sunday.services shall be limited to the hours of 8 a.m. to 2 p.m. and 4 p.m. to 8 p.m. 2. Training Center activities shall be limited to one night during the week (Monday through Friday) and shall be restricted to the hours of 7-9 p.m. Attendance shall be restricted to a maximum of 225 persons. 3. Saturday seminars shall not be offered more frequently than once every six weeks and shall be limited to the hours of 10 a.m. to 2 p.m. Attendance shall be restricted to a maximum of 225 persons. 23 24 25 26 27 I. Total seating capacity for proposed church use shall not exceed 359 seats for the sanctuary area and 149 seats for classrooms. J. Those attending any church related activity shall be prohibited from parking along Sixth Street or on "B" Street north of Sixth Street. The church shall design an enforcement program to ensure compliance with this condition. 28 I. o , Resolution No. 2474 Page three 4 K. This Use Permit shall become null and void if a certificate of occupancy for the proposed church is not obtained within 12 months of the approval date of this resolution. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting held on the 14th day of March, 1988. 9 12' 13 "h L _~c~-.-~' t~::..-~_" /'.&-. ~'.~'( (;'. ,~{, '~ KATHY 'WE IL, ...... :.. Chai r~n " 14 If; 17 lg 19 2O ~k_ Penni Foley Secretary 21 22 24 25 27 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, PENNI FOLEY, the undersigned, hereby certtfy that I am the Recording Secretary of the ?lanntpg Commission of the Ctty ot= Tusttn, Cal~t=ornta; that Resolution No. .._-~/~ was duly passed and adopted at a .re. gular meeting the Tu~ttn Planntng Commission, held on the /~ day of //;.~.L~_~t , 198 PENNI FOLEY Record1 ng Secretary Map of ProDosed Vineyard Church Site PD 17 14 16 10; 15 C-2 6TH ST 1. 'Pi netree Preschool 2. Boys & Girls Club 3. Self Storage 4. 'Business Printing and Copy Center 5. Associate Printing School 6. Carter Business School 7. Proposed space for Vineyard Church (currently vacant) 8. Sterilaire/~ova Medical, Inc. 9. Lyons International Security, Inc. 10. Tex Spread 11. (Vacant) 12. Skull Dulgory, Inc. 13. Folding Factory 14. Lenders Documents Service 15. B'Nai Israel (Church) 16. Marshalls 17. Multiple Family 18. Single Family March RE: Use Permit No. 88-5 Vineyard Christian Fellowship 330 W. Sixth Street q'ustin Freeway Commerce. Center We, the undersigned, residents in the vicinity of the above mentioned proposed development respectfully request and are submitting to you $100.00 to appeal the decision of the Tustin Planning Commission on March 14. 1988, approving the granting of Use Permit No. 88-5. We are appealing this decision because the establishment, maintenance and operation of this use at this location will be detrimental to the safety, comfort, and general welfare o~ the persons residin8 and/or working in the neighborhood and will be detrimental to the prqperty and improvements in the neighborhood. In the 8,100 square foot area being proposed for the church development there are only lO parkings spaces (based upon the one parking space per 800 square feet of floor area standard the project was built at;. However, this church use will need parking spaces! There has not been a thorough evaluation for parking, circulation, and enforcement of mitigating measures. We. are concerned thai a Negative Declaration has been prepared and approved instead of a complete Environmental Impact Report and also appeal that determination. This development would defintely result in an alteration of p~blic services, transportation/circulation, parking, and will cause substantial adverse effects on the human beings in the surrounding neighborhood. Name I' '-I '"~ ' ." ~' ':. /" '~'~' ~-. , z I ~ /:' " ' /t // I/ ,- y..) ,' .1 , / Address Phone ¥5'0 ~ March 21, 1988 Mayor Ron Hoesterey Tustin City Council Tustin, Ca 92680 Re: Vineyard ~hristian Fellowship Fear Mayor: ~e wish to th~nk you for voting against allowing the above subjected church on Sixth Street, not as a religious issue, but considering the impact it would have on the residents of Sixth Street. Sunday is the only day we now have that it is relatively peaceful and quiet. Most of us have lived on this street for years. My husband and I are Christians and attend church regularly, and we are workers in the church, so we know Just how much traffic can be generated by all the committee meetings, counseling sessions, youth activities, etc. iH addition to the regularly established meeting times on 3undays. We could never be against a church if it was Just starting and struggling, but I have learned that this Vineyard Christian Fellowship organization is nation-wide and world- wide. It is their m.o. to go into an established area and lease warehouses/empty schools etc. rather than buy land and build. I am implying nothing derogatory about this church group, but the fact remains that there simply is not enough parking for their u~:~, and an add'[tlonal ~00 to ~00 cars each Sunday would be horrendous. Other churches, businesses, apartments must adhere to the city code of sufficient parking spaces, and I believe this should apply on Sixth Street. Again, let us thank you for your clear and sensible thinking on this issue. Sincerely yours, //~, .,. ,' , -/,,. /,"/.,-, '.:'~-,~ d..gf ~1' -,-- -,?" '7 ~. c .~ ,..,:.,.,:. ,, ~ ,. ,.., (~r/Mrs. a/2' ~'. "Andy"Z~nderson) NEGATIVE DECLARATION CiTY OF TUST1N 300 CENTENNIAL WAY, TUSTIN, CA.. 92680 Project Title: Use Permi 1:88-5 Project Loca.tt on: 3 3 o We s t S i x t h S t ree t Ftle No. Project Description:. Locate Church use in the P]ann&d I'ndustria] District (PHi Project Proponent: vi neyard Christ i an Fei ]owsh i p Contact Person: Patrizia Haterassi Telephone: ~/4z~- ~gqn Ext. The Community Development Department has conducted an tntttal study for the above project in accordance with the City of Tusttn's procedures regarding implementation of the California Envtr'onmental Oualtty Act, and .on the basis of that s~udy hereby fi nd: That there, is no substantial evidence that the project may have a significant effect on the environment. That potential significant affects were identified, but revlsions have been included in the project plans and agreed to by the applicant that would avoid or mitigate the affects to a point where clearly no significant effects would occur. Said revisions are attached to and hereby made a part of' this Negative Declaration. Therefore, the preparation of an Environmental Impact Report is not required. The initial study which provides the basis for this determination is on file at the Community Development Department, City of Tustin. The public is invited to comment on the appropriateness of this Negative Declaration during the revieW period, which begins with the public notice of a Negative Declaration and extends for seven calendar days. Upon review by the Community.Development Director, this review period may be extended if deemed necessary. REVIEW PERIOD ENDS 4:30 p.m. on ! DATED: Hatch 21. 1988 Community Development Director Christine Shingleton E#¥IROI~IENTAL I#ITIAL STUDY Explanations I find that even though the project could have a significant effect on the environment, proposed mitigation measures reduce potential adverse impacts to an insignificant level. "No" impact determinations were based on information submitted by applicant. "Yes" & "maybe" determinations are explained/justified be I ow: Notse- 6a- Maybe. The proposal may increase existing noise levels mostly on Sundays and evenings. Proposed mitigation measures consist of restricting hours of operation to currently proposed weekday activities and Sunday services to mornings and afternoons only. Expansion of service activities would be considered a violation of subject approval. Land Use - 8: Maybe. The proposed may alter present land use for the area due to the fact that the Planned Industrial District (PM) is the most restrictive of the Industrial Districts in the area, not allowing for church uses until recently. The PM District is characterized by a variety of uses which are already somewhat incompatible with the residential area to the north. {See attached vicinity map). The church has potential to alter such circumstances. Restrictions in the hours of operation for the proposed use will reduce potential impacts on residential areas to the north. Transportation/Circulation- 13b: Maybe. The church proposal may affect existing parking facilities since the industrial park was originally parked for industrial office/warehousing type uses and not for assembly uses. The assembly uses requires a much higher parking ratio. Therefore, Sunday church participant's will need to utilize the same parking spaces allocated to the industrial park as a whole. Fortunately, the industrial park has very little or no activity on weekends. Proposed mitigation measures: that a reciprocal parking agreement be signed by the applicant, property owner and the City to allow for joint use of parking spaces allocated to the industrial park. Agreement would also prohibit parking on 6th and 'B' Streets. Also, that the total seating capacity will be limited to the currently proposed capacity. CIT-Y OF TUSTIN Community Development Department ENVIRONMENTAL INITIAL STUDY FORM e Ih (Explexxtims of all "~es~ ond "-,,~,fbe" ~,,~,~rs are required on attached sheets.) I. ~ Will the proposal result im a. Unstable earth conditi~ or. in changes in geolagic substructures? b. Oisrupticxs, displacements, compo:tion ar ~..~overing. of the soil? fe ~ in tapagral~hy ar ground surface relief features? The d,struction, covering or modification of any unique geologic or physical features? Any increase in wind ar water erosion of soils, either on or off the site? Chaxjes in cle~$itian or erosion of beach studs, ar changes in siltation, depmition or erosian which may modify the channel of a river or stream or the bed of the ocean or c~y bay, inlet or lake?' S, 7, Plant Life. Will the proposal result im ~e in the diversity of species, ar number of c~y species' of plants (including trees, shrubs, grass, crops, ~ aquatic plants)?. b. Reductlan of the nun'~e~ of any unique, rare or endangered species of plants? Introduction of new species of plants into m are~ or in a barrier to the normal replenishment of existing species? Reduction in ~c,e~- of my agricultural cr~? Animal Life. Will the proposal result in: ~ in the diversity of species, or numbem of any species of animals (birds, land animols including reptiles, fish and shellfisi% .h~dhic argani~ ar insects)? b. Reduetlan of the numbers of c~ unique, ram or enclangerecl mecies of mirnols? Introdu~im of new .species of mimals into an ere,, er result in a barrier, to the migratien ar movem~ of mimeis? d. Deterioratian to ~xisting fish or wildlife habitat? Noise. Will the pragesal result im a. I,~:,e~es in existing noise levels? b. Exposure of peaple to severe noise levels? Light and Glare. Will the pragesal produce new light ar glare? Land Use. Will the pragosal result in a sub- stantial alteration of the prese, t or planned land use of on area? Will the proposal result in: a. Increase in the rate of use of any natural resources? Ym 'X 15. 17. 18. Ye~ Parks ar other recreational facilities? e. Maint~.,.,~ of public fal::JlitJes, ir~ludjng roads? ' f. Other governmental services? ~. Will the propasal result in= Use of substantial arnaunts of fuel or energy? Substantial incr~ in demm~ ~ exist- lng sources of energy, or require the develogment of new saurces of energy? Utilitie~. Will the p~i result in a need far new systems, or substantial alterations t.o the following utilities~ a. Power or natural gas? · b. Communicat. iam systems? ¢o Water? cl. Sewer ar septic tcmks? e. S tarm water drainage? f. Solid wa.~e and dis~asal? Humm~ I-lealth. Will the praposal result in.- a.. Creatian of ~y health hazard or i~otential health haz~ (excluding mental health)? b. Exposure of peagle to potential health hazards? Aestheti~ Will the I~ragosal result in the abstruatian of any scenic vista or view open to ' the public, ar will the proposal result in the creatian of an aesthetically offensive site open to public view? F~...,.~liafl. Will the proposal result in an impact ugan the quality or quantity of existing recreational opportunities? a. ~Jll the praposal result in the alte~crtian of ar the destructian of a prehistaric or historic archaeological site? On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect an the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the envi,~.~,,,.nt, there will not be a significant effect in this case because the mitigation measures described on an attcx:h~ sheet have been added to the 'project. A NEGATIVE DECLARATION WILL BE PREPARED. I--I I find the proposed project MAY have a significant effect on the environ- .. merit, and an ENVIRONMENTAL IMPACT REPORT is required, i J