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HomeMy WebLinkAboutPH 3 USE PERMIT 82-2 02-16-82DATE: TO: FROM: . SUBJECT: February 16, 1982 PUBLIC HEARING NO. 3 Inter-Corn Honorable Chairman And Planning Agency Members Community Development Department Use Permit 82-2 Applicant: Location: Request: Buck Development Company 15732 Tustin Village Way (At McFadden) Authorization to operate a church and administration offices in a retail commercial center Recmmended Actton Staff recommends the Agency take two actions on the subject Use Permit. First, it is recommended the Agency determine that a church use is similar to the other uses allowed in the C-1 zone by formal finding. Second, Staff recommends the Agency approve Use Permit 82-2 by the adoption of Resolution No. 2019 as submitted. Background Since June, 1977, the Agency.has taken several actions concerning the development of the retail center located on Tustin Village Way near McFadden. Actions include recommendation of approval of EIR 77-2 and approval of Use Permit 79-13 permitting the development of the commercial center complete with a "skate palace." As it stands today, the center was developed with 38,520 sq. ft. of retail store space with the skate palace and one fast food restaurant deleted from the original project. Discussion An application has been submitted by Buck Development Company requesting that Believers Faith Center be authorized to maintain a church, with administrative offices, and to conduct church services in their retail-commercial center. As proposed, the church would occupy 12,930 sq. ft. of space that is currently vacant, and according to the applicant, has been vacant for the past year and a half. The applicant contends that with the present economic situation, it is not likely the vacant space will be taken by conventional retail users. Chairman & Planning Agency Tusti n Vi 11 age Way Page 2 A church use at this particular site has several issues which need to be addressed. First, it must be determined that church operations in a center which is zoned C-1 is an acceptable use. Churches are not specifically listed as an allowable use in the C-1 zone. However, the zone does allow similar uses such as clubs, fraternal organizations, and lodges subject to conditional use permits. Staff feels that the traffic and intensity of use generated by the church would not necessarily be greater than with the previously mentioned uses. If the Agency concurs with staff, then pursuant to a general provision of the zoning code, a determination can be made that the church use is similar to uses allowed in the C-1 zone and subsequently take action on Use Permit 82-2. It should be noted that a synagogue is currently in operation in Packers Square, which has a lower vacancy rate and more intense uses than the applicant's center. Also, there is a formal finding on file determining that group class activities are permissible in the C-1 zone subject to a use permit. If the Agency makes the determination that a church is allowable, then other issues concerning the proposal itself must be considered. Two obvious concerns with this project, as with any use that congregates large numbers of people at a given time, are traffic and parking. Based on the proposed times of operation, the traffic impact on the area should be well within acceptable levels. The most intensive use of the church will occur between the hours of 9:00 a.m. and approximately 12:30 p.m., Sundays. While McFadden and Tustin Village Way are generally heavily traveled (22,750 and 15,400 average daily trips respectively), much of surrounding business as well as other tenants in the center are either closed or do not open until 11:00 a.m. or later. To further mititage any congestion problems, staff recommends that a 30-minute intermission be provided between Sunday morning services instead of the 15 minutes as proposed. At the time the project was developed, the portions of the center that the church would occupy were required to have one parking space per each 200 sq. ft. of floor area. This gives the church a total of 64 spaces. The applicant states the maximum attendance for services is 300 people. As per code requirements, to accommodate a crowd that large, 100 parking spaces must be provided. To make up the parking deficiency, the applicant has obtained a letter from the assistant manager of a nearby business stating approximately 130 parking spaces will be made available to the Believers Faith Center on Sundays, or after business hours, should the need arise. As a condition of approval, it will be required that a binding agreement be submitted to the Community Development Department confirming the acquisition of any off-site parking spaces. In addition, a requirement shall be imposed that the maximum number of people participating in evening activities will be limited to three times the number of available on-site parking spaces. Chairman & Planning Agency Tustin Village Way Page 3 The application submitted for authorization of the church included a request to add a 3'x10' panel to the site's existing pole sign. The sign was approved as part of Use Permit 79-13 as adopted by Resolution No. 1823. A condition in that Resolution stipulated that the maximum space for tenant identification on the pole sign can not exceed 160 square feet. Further, the Resolution requires that "any future tenant freeway identifi- cation request shall be included on the approved pole sign...and any further additions shall provide identity for all remaining tenants." The sign currently has 120 sq. ft. of identification for three of the center's tenants; Wendy's, Banner Carpets, and Sofa Showcase. With the proposed panel for the church, only 10 sq. ft. will be left for the remaining tenants, Ron's Bar Stool and a small deli. The Agency need not take any action on the proposed panel if it is felt that the remaining 10 sq. ft. is adequate for tenants not already on the sign. Staff does not feel that 10 sq. ft. is an acceptable amount and would recommend instead amending Resolution No. 1823 to allow a maximum of 180 sq. ft. of sign space and maintain the requirement that the deli and Ron's Bar Stools be allowed space on the sign (if they so desire). This would allow the church 30 sq. ft. as requested with space left for other tenants. Conclusions Staff feels that a church use is acceptable in the C-1 zone based on similarity to other C-1 uses, on past actions (i.e., Packers Square) and on a previous formal finding. Further, it is felt that the requested proposal is workable in the subject center and should be approved. Finally, Staff recommends increasing the allowable sign area on the existing pole sign providing sign exposure to all tenants of the center. JSD:jh 2-10-82 FORMAL FINDING # 82-1 (Church Use) The Planning Agency, after research and discussion, hereby finds that: Church activities are similar in nature to clubs, fraternal organizations, and lodges, which are permitted subject to a Conditional Use Permit in the C-1 District, and therefore, would be appro- priate as a permitted use in the C-1 District subject to a Conditional Use Permit. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Agency on the day of , 1982. James B. Sharp, Chairman Mary Ann Chamberlain Planning Agency Recording Secretary ?'US F'[N V/L/.. A GE WA Y NEWPORT 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2019 A RESOLUTION OF THE PLANNING AGENCY OF THE CITY OF TUSTIN, APPROVING USE PERMIT 82-2 GRANTING AUTHORIZATION FOR THE OPERATION OF A CHURCH WITH ADMINISTRATIVE OFFICES IN A RE- TAIL COMMERCIAL CENTER LOCATED AT 15932 TUSTIN VILLAGE WAY NEAR MCFADDEN AVENUE The Planning Agency of the City of Tustin does hereby resolve as fol Iows: I. The Planning Agency finds and determines as follows: A. That a proper application,(Variance No. 82-2), was filed by Buck Development Company authorizing the operation of a church and administrative office for the Believers Faith Center to be located at 15732 Tustin Village Way near McFadden Avenue. B. That a public hearing was duly called, noticed and held on said application. C. 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. That by formal finding the Planning Agency has determined that a church use is allowable in the C-1 zone, subject to a use permit. 2. That the subject project site is zoned C-1. 3. That the project is in conformance with the Tustin Area General Plan. D. That the establishment, maintenance, and operation of the use applied for will not be injurious or detri- mental to the property and improvements in the neighbor- hood of the subject property, nor to the general welfare of the City of Tustin, and should be granted. 6 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 Resolution No. 2019 February 10, 1982 Page 2 E. Proposed development shall be in accordance with the development policies adopted by the City Council, Uni- form Building Codes as administered by the Building Official, Fire Code as administered by the Orange County Fire Marshall and street improvement requirements as administered by the City Engineer. F. An Environmental Impact Report was previously certi- fied for development of the retail center. G. Final development plans shall require the review and approval of the Community Development Department. II. Planning Agency hereby approves Conditional Use Permit No. 82-2 to authorize the operation of a church and church administrative office in a retail commercial district subject to the following conditions: AJ That prior to the issuance of building permits for interior improvements, agreement(s) conforming off-site parking accommodations must be submitted and approved by the Director of Community Development. That prior to the issuance of a Certificate of Occupancy all improvements required by the City Engineer to satisfy conditions of Parcel Map 77-96 must be met. Ce In no event shall the number of persons participating in Sunday morning services conducted by Believers Faith Center exceed three (3) times the total number of on and off-site parking spaces available. In no event shall the number of persons participating in evening activities conducted by Believers Faith Center exceed three (3) times the total allotment of on-site parking. On-site parking for the church use is 64 spaces. E. Church activities involving more than 75 people are limited to the following schedule: Thursday evenings - 7:00 p.m. to 10:00 p.m. Sundays 9:00 a.m. to 1:00 p.m. 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 18 17 18 20 2~ 22 23 24 2§ 2~ 27 28 Resolution No. 2019 February 16, 1982 Page 3 This schedule is subject to change only after review and approval of the Director of Community Development. That Resolution No. 1823 is hereby amended to allow maximum sign area on the existing pole sign to be increased from 160 sq. ft. to 180 sq. ft. All other conditions shall remain in effect. That the subject project shall be reviewed by the Planning Agency six months from the date of approval. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Agency, held on the day of , 1982. James B. Sharp, Chairman Mary Ann Chamberlain Recording Secretary BUCK DEVELOPMENT COMPANY January 22, 1982 Chairman Tustin City Planning Commission 300 Centennial Way Tustin, California 92680 RE: Use Permit Tustin Village Way and McFadden Avenue Tustin, California Gentlemen: We hereby respectfully request your approval to allow a church and church administrative office to occupy a portion of the existing specialty Center located at the Tustin Village Way and McFadden on and offramps to the Newport Beach Freeway, and to allow the addition of one small sign panel to the existing freestanding, freeway-oriented sign. This request is being made as a result of the current economic recession and severe impact it is having on the retail market. For the past 1½ years, we have diligently endeavored to lease the remaining vacant space at the above referenced Center, only to find that retailers have been reluctant to expand in this high interest rate market. Recently, an established interdenominational church has proposed leasing the space for a sanctuary and administrative office on an interim basis until such time as the church can purchase and build its own facilities. We believe that this use is compatible with the existing businesses because the church services will be confined primarily to Sunday and evening hours when other businesses in the Center are closed or have limited patronage. Further, the church will most likely provide additional potential customers for the furniture stores and deli, and should result in additional sales which will help the existing merchants. Peak parking for the church will be during hours when, for the most part, the parking areas are vacant in the Center. In the unlikely event parking requirements grow beyond the number of stalls pro- vided in the Center, an arrangement is being worked out with the Xerox Corporation located across the street on Tustin Village Way to provide for excess parking during Sunday services when the Xerox offices are closed. 25200 La Paz Road · Suite 210 · Laguna Hills, California 92653 · Telephone: 714/586-4400 Use Permit Application Tustin Village Way and McFadden Janaury 22, 1982 Page Two The church administrative offices'are confined to one building and will complement the Center and increase the business of the Wendy's nearby and the deli tenant located in the same building. We are hopeful that at such time as the church is able to purchase and build its own facilities, we will be more successful in attracting conventional retail users to the Center. We are also seeking your approval to add one small 3' x 10' sign panel to the existing 40' high, freestanding sign structure. At the time the sign was constructed and permitted, it was designed and permitted to accommodate an additional fourth panel (copy of the Sign Permit is enclosed). We believe this addition to be attractive and compatible with the existing sign. It will provide the church with necessary identification to the freeway. Thank you for your consideration and approval of this Use Permit and the additional sign panel. President GEB:mss Enclosures BUCK DEVELOPMENT COMPANY February 5, 1982 Tustin Planning Agency 300 Centennial Way Tustin, California 92680 RE: Use Permit Application #82-2 Buck Development Company/Believer's Faith Center Church Tustin Village Way and McFadden Avenue Tustin, California Gentlemen: As a supplement to the information provided in our Use Permit Application for Believer's Faith Center, we offer the following regarding the anticipated use of the facilities, meeting schedules and projected attendance at the meetings: Weekly Schedule. (a) Building One, Main Sanctuary. Teaching Monday, Tuesday, Wednesday, Thursday, 7:00 p.m. to 10:00 p.m. with attendance anticipated on Monday, Tuesday, and Wednesday of 15 to 30 people. Ladies meeting Thursday morning, 9:30 a.m. to 12:00 noon, with 25 to 45 ladies. Teaching and fellowship, Thursday evenings, 7:00 p.m. to 10:00 p.m. with 100 to 150 people. Church services Sunday, 9:00 a.m. to 12:15 p.m., two services: 9:00 a.m. - 10:00 a.m. with approximately 75 to 100 people; 15 minute transition or break; second service, 10:15 a.m. to 12:15 p.m. with approximately 200 to 300 people (largest single event crowd). 15 minute break between lO:O0 a.m. to 10:15 a.m. allows for turnover or transition with most first service people leaving and new ones arriving. Most businesses in the Center do not open before 10:30 a.m. or noon on Sunday. (b) Building Two, Administrative Offices. Open Monday through Friday, 8:30 a.m. to 5:00 p.m.. Staffed by five full time and one part time personnel. Parking will be designated and assigned. (c) Building Three, Counseling Facilities, Children's Sunday School and Administrative Expansion area. Primarily Sunday use, 9:15 a.m. to 12:00 noon; possibly Monday 25200 La Paz Road · Suite 210 · Laguna Hills, California 92653 · Telephone: 714/586-4400 Use Permit Application #82-2 February 5, 1982 Page Two through Wednesday, 7:00 p.m. to 9:00 p.m. for light counseling and/or babysitting; 5 to 25 people maximum (mainly children or one-on-one counseling). Control s. Church will provide trained parking lot attendants on Sunday at commencement and end of each service, and for any special event. Church will coordinate and restrict church participants from parking in designated retail stores parking areas. Movable red, plastic bumper restrictors will show unauthorized parking areas protecting retail stalls. Parking lot attendants will also be available to direct traffic to overflow lot, if every required. 3. Anticipated Growth. It is anticipated that the church attendance will grow at the rate of 15% per year. In addition, for your information we have also arranged with the Owner of a nearby industrial park (within walking distance) to provide overload parking on Sundays or evenings when park is closed in the unlikely event there should ever be an overflow situation. A copy of Owner's letter authorizing use of the parking lot is attached. Please feel free to call me should you have any additional questions or if we can b~n~ny assistance regarding our Application. Thank you. GEP~ALD E. BUCK President GEB:ms$ Attachment T R PROPERTIES c/o ROBERT C. AMY, .~. S01 NO. GOLDEN CIRCLE DRIVE SUi~ 100 SANTA ANA, CALIFORNIA 92705 (714) 547..424.8 February 4, 1982 TUSTIN PLANNING COMMISSION 300 Centennial Way Tustin, California Gentlemen: It is my understanding that Believer's Faith Center is seeking your approval of a Use Permit to permit a church use within the shopping center located at the northwest corner of McFadden Avenue and Tustin Village Way. We are well acquainted with the Believer's Faith Center organizatioa and are strongly supportive of this Use Permit, and wish to inform you by this letter that, in the event Believer's Faith Center parking requirements exceed the number of parking spaces available at their new location, we will make available to them approximately 130 number of parking stalls located within our development at 1224 Village Way in Tustin. Our building is located approximately one-half block from the shopping center and all offices and businesses within our development are closed on Sunday, freeing~up our entire parking lot for this use. Very truly yours, ,,.'John Horist, ~/~ Assistant Manager JH: meh