HomeMy WebLinkAbout01 ZA CUP 2016-18 RELIGIOUS ASSEMBLY •
AGENDA REPORT -,1 '
MEETING DATE: NOVEMBER 1 , 2016
TO: ZONING ADMINISTRATOR
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: CONDITIONAL USE PERMIT 2016-18 TO ESTABLISH A RELIGIOUS
ASSEMBLY USE ON PUBLIC SCHOOL PROPERTY
APPLICANT: PROPERTY OWNER:
MIKE ELLIOTT TUSTIN UNIFIED SCHOOL DISTRICT
COMPASS BIBLE CHURCH 300 SOUTH C STREET
140 COLUMBIA TUSTIN, CA 92780
ALISO VIEJO, CA 92656
LOCATION: 17952 BENETA WAY
GENERAL PLAN: PUBLIC/INSTITUTIONAL (PI)
ZONING: PUBLIC & INSTITUTIONAL (PI)
ENVIRONMENTAL
STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1)
PURSUANT TO SECTION 15301 OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
REQUEST: ESTABLISH A RELIGIOUS ASSEMBLY USE ON PUBLIC
SCHOOL PROPERTY
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Zoning Administrator
November 1, 2016
CUP 2016-18
Page 2
RECOMMENDATION
That the Zoning Administrator adopt Zoning Administrator Action (ZAA) No. 16-012
approving Conditional Use Permit (CUP) 2016-18 to authorize the establishment of a
religious assembly use at an existing public school site located at 17952 Beneta Way.
APPROVAL AUTHORITY
The project site is located within the Public & Institutions (PI) zoning district where places
of worship are conditionally permitted pursuant to Tustin City Code (TCG) 9245b.
Pursuant to Section 9291c of the TCC, the Zoning Administrator has the authority to
review and approve a Minor Conditional Use Permit for existing development where
there would be no change of primary use, there would be no expansion of floor area,
and the request would not alter the original intent of the project or site.
BACKGROUND
Site and Surrounding Properties
The project site (Columbus Tustin Middle School) is located within the Public & Institutions
(PI) zoning district and is designated as Public/Institutions by the General Plan which
allows for public, quasi-public and institutional use and other uses distinct from the
standard classifications of residential, commercial and industrial. The subject property is
located on an approximate 8.93-acre site and is improved with a middle school campus
consisting of fifteen (15) buildings, parking lots with 91 paved parking spaces, and
recreational open space, sports fields and a running track. The property is located
between Irvine Boulevard and Beneta Way, and is east of Prospect Avenue.
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Figure 1: Zoning Map
Zoning Administrator
November 1, 2016
CUP 2016-18
Page 3
Properties to the north and west are Columbus Tustin Gym and public open space zoned
PI; the City border is located east of the property with County of Orange single family
residences east of the border. Single family homes in the Planned Community Single
Family Residential District (PCR1) are located north of the public open space across
Beneta Way.
PROJECT DESCRIPTION
Project Summary
The applicant is requesting authorization to establish a religious assembly use on Sundays
only between the hours of 8:00 a.m. and 1 :00 p.m. The use would occupy 2,880 square
feet of the multi-purpose room for adult services and four (4) 826 square-foot classrooms
in Building J for children's Sunday school classes, and the courtyard located adjacent to
the two buildings as shown on the site plan. Currently, one church service is proposed;
however, with growth of the church membership, an additional service would be added as
follows:
One (1) Service with Children's Sunday School: 10:00 a.m. to 11:15 a.m.
Two (2) Services with Children's Sunday School: 9:00 a.m, to 10:15 a.m.
11:00 a.m. to 12:15 p.m.
The church proposes to have a fifteen (15) minute period between 10:15 and 10:30 a.m.
where amplified sound would be used in the courtyard for a children's singing period.
The project site has ninety one (91) parking spaces available for church use as shown in
the shaded areas on Figure 2.
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Zoning Administrator
November 1, 2016
CUP 2016-18
Page 4
DISCUSSION:
No modifications to any of the rooms, layout or occupancy classification that would be
used by the church are proposed, nor are any site changes proposed. The existing
middle school would be the primary use of the property, with the church operating under
a one-half day per week lease from the Tustin Unified School District (TUSD). The
lease provides for use of the multi-purpose room and chairs, four (4) classrooms (J-1 to
J-4), sound system and lunch tables in the courtyard for weekly Sunday church services
and congregation until December 25, 2016, at which time the lease would expire or be
renegotiated with TUSD for an additional period of time. There would be no religious
assembly during any period of time school is in session and students and faculty are on
campus.
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ASSEMBLY AREA M
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Multi-Purpose Floor Plan
Traffic and Parking
The applicant anticipates approximately 200 attendees, including children, at the church
service(s). Maximum occupancy posted in the multi-purpose room is 300.
The school site is located adjacent to the Columbus Tustin Gym and the Columbus
Tustin Middle School sports fields which are regularly programed with activities
throughout the day on Sunday. The City Public Works Manager has reviewed the
application and has expressed concern about parking when the church use coincides
Zoning Administrator
November 1, 2016
CUP 2016-18
Page 5
with activities from sports leagues that play on the fields on the same day; however,
does not require- submittal of a traffic or parking analysis at this time. In addition, the
residential neighborhoods around the school are regularly impacted with traffic and
overflow parking from the middle school, sports and city-sponsored activities such as
Tustin Tiller Days, and are considered sensitive uses with respect to traffic, parking and
noise.
The TCC requires a parking ratio of one (1) space for every 35 square feet of gross
assembly area where fixed seats are not provided based on the most intense
simultaneous use. Sunday school classes would have two (2) adult leaders per
classroom and children who are not of driving age. The most intense use would be in
the multi purpose room and based on the square footage proposed for assembly, the
use would require 83 parking spaces. Parking for eight (8) adult Sunday school leaders
at the rate of two (2) spaces per classroom is recommended, which would result in a
requirement for a total of 91 parking spaces. The site plan indicates 91 parking spaces
are available for the church use.
In order to ensure that the traffic and parking do not create an impact on adjacent
residential uses, staff recommends Conditions of Approval 2.4, which requires the
church use to mitigate traffic and parking impacts if the Community Development
Department receives a complaint about the church's parking and traffic activities.
Potential mitigation would include establishing alternative 'hours for services, restricting
the number of attendees, securing additional on or off-site parking and/or provision of a
parking attendant. Should impacts continue, the Director of Community Development
could impose additional conditions of approval or proceed with revocation of the CUP
per Conditions of Approval 1.6.
Noise
The application indicates that amplified sound would be used in the courtyard area for a
period of fifteen (15) minutes between 10:00 a.m. and 10:15 a.m. The distance
between the entry doors to the multi purpose room and the nearest residence on Lucero
Way is approximately 300 feet. The applicant indicates that the multi-purpose room
building and the public open space on the north side of Beneta Way and school buildings
on the east side of the property would buffer the sound from adjacent residential
neighbors. Due to the close proximity of the residential uses, staff recommends that all
activities, including amplified sound, be located entirely within enclosed buildings and
that the use comply with City of Tustin noise standards (Conditions of Approval 2.7 and
2.8). Should the Community Development Department receive complaints about noise,
the Community Development Director could require a noise study to provide
recommendations for sound reduction pursuant to Conditions of Approval 2.4 or, as
mentioned above, proceed with revocation of the CUP.
ENVIRONMENTAL:
This project is categorically exempt from further environmental review pursuant to the
California Environmental Quality Act (CEQA) Section 15301, Class 1, "Existing Facilities.
Zoning Administrator
November 1,2016
CUP 2016-18
Page 6
FINDINGS:
In determining whether to approve the CUP for the project, the Zoning Administrator must
determine whether or not the proposed use will 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. A decision to approve
this request may be supported by the following findings:
1) Places of worship are conditionally permitted within the Public and
Industrial District.
2) All activities would occur entirely within the building.
3) The proposed use, as conditioned, would not result in parking impacts
because the proposed site provides adequate parking based on TCC
requirements.
4) As conditioned, no noise impacts are anticipated.
5) As conditioned, the number of participants, types of activities and hours of
operation are typical of a place of worship and would be compatible with
other uses in the vicinity, and the applicant would be required to notify the
City of any changes to the use of the facility.
6) As conditioned, CUP 2016-18 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 CUP 2016-18 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 CUP.
7) The City's Public Works Department, Police Department and Building
Division, and the Orange County Fire Authority have reviewed and support
the proposed project, as conditioned.
CONCLUSION
Pursuant to the TCC, places of worship are conditionally permitted in residential,
commercial, industrial and the Public & Institutional districts. Although residential
zoning districts are considered sensitive uses, religious assembly uses are not unusual
in or adjacent to residential neighborhoods. With the recommended conditions of
approval and sufficient on-site parking, staff believes that the religious.assembly use on
Sunday mornings would not be detrimental to public health, welfare or materially injurious
to property or improvements in the vicinity of the neighborhood residential uses.
Zoning Administrator
November 1, 2016
CIDP 2016-18
Page 7
Staff recommends that the Zoning Administrator adopt Zoning Administrator Action No.
16-012 approving CUP 2016-18 to authorize the establishment and operation of a
religious assembly use on public school property located at 17962 Beneta Way.
Elaine Dove
Senior Planner, AICP, RLA
Attachments: A. Location Map
B. Submitted Plans
C. ZAA 16-012
ATTACHMENT A
Location Map
LOCATION MAR
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LAND USE APPLICATION FACT SHEET
1. LAND USE APPLICATION NUMBER(S): CONDITIONAL USE PERMIT (CUP)2016-018
2. LOCATION: BENETA WAY, BETWEEN PROSPECT AVE. AND LIVINGSTON ROAD
3. ADDRESS: 17952 BENETA WAY
4. LOT: LEONOR YORBA DE ROWLAND ALLOT LOT POR OF TRACT AND RICES RESUB POR OF TRACT TR
430
5. APN: 401-131-13
6. PREVIOUS OR CONCURRENT APPLICATIONS RELATING TO THIS PROPERTY:
ZONE CHANGE FROM E-4 TO P&I -(74-2)
7. SURROUNDING LAND USES:
NORTH: RESIDENTIAL
SOUTH (ACROSS IRVINE BLVD.): OFFICES/ RESIDENTIAL
EAST: RESIDENTIAL WEST: COLUMBUS TUSTIN PARK
8. SURROUNDING ZONING DESIGNATION:
NORTH: SINGLE FAMIILY RESIDENTIAL (PCR-1)
SOUTH: ACROSS IRVINE BLVD.: COMMERCIAL (C-1) & MULTI-FAMILY RESIDENTIAL (PD)
EAST: COUNTY OF ORANGE WEST: COLUMBUS TUSTIN PARK/GYM (P&I)
9. SURROUNDING GENERAL PLAN DESIGNATION:
NORTH: LOW DENSITY RESIDENTIAL
SOUTH: ACROSS IRVINE BLVD. PROFESSIONAL OFFICE (PO)& HIGH DENSITY
RESIDENTIAL (HDR)
EAST: LOW DENSITY RESIDENTIAL (LDR) WEST: PUBLIC/INSTITUTIONAL (PI)
10. SITE LAND USE:
A. EXISTING: PUBLIC SCHOOL PROPOSED: SAME + CHURCH
B. GENERAL PLAN: PUBLIC/INSTITUTIONAL PROPOSED: SAME
C. ZONING: PUBLIC AND INSTITUTIONAL (P&I) PROPOSED: SAME
DEVELOPMENT FACTS:
(NO SPECIFIC DEVELOPMENT STANDARDS REQUIRED IN P&I ZONE)
11. LOT AREA: 823,284 S.F. 18.9 ACRES
12. BUILDING LOT COVERAGE: N/A MAX. PERMITTED N/A PROPOSED
13. SITE LANDSCAPING: N/A REQUIRED N/A PROPOSED
14. PARKING:
• CHURCH USE: 87 REQUIRED 91 PROPOSED
15. BUILDING HEIGHT: N/A REQUIRED N/A PROPOSED
16. BUILDING SETBACKS: N/A
18. OTHER UNIQUE CONDITIONS ASSOCIATED TO THE PROPERTY (I.E. SPECIAL STUDY
ZONES, EASEMENTS, ETC.) IMMEDIATELY ADJACENT TO CITY-OWNED COLUMBUS
TUSTIN GYM/PARK
ATTACHMENT B
Submitted Plans
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ATTACHMENT C
ZAA 16-012
ZONING ADMINISTRATOR ACTION 16-012
CONDITIONAL USE PERMIT 2016-18
17952 Beneta Avenue
The Zoning Administrator of the City of Tustin does hereby resolve as follows:
I. The Zoning Administrator finds and determines as follows:
A. That a proper application for Conditional Use Permit (CUP) 2016718 was
filed by Mike Elliott, on behalf of Compass Bible Church, requesting
authorization to establish and operate a religious assembly within an existing
public school facility multi-purpose room and four (4) classrooms for a total
use area of 6,197 square feet located at 17952 Beneta Way.
B. That the property is zoned Public & Institutional (P&I) and has a land use
designation of Public/institutional (PI) within the General Pian, which
provides for places of worship as conditionally permitted uses. The project
is consistent with the Air Quality Sub-element of the City of Tustin General
Plan.
C. That in accordance with Tustin City Code (TCC) Section 9299b(3)(f), the
Zoning Administrator is authorized to consider minor conditional use
permits for existing development where there would be no change of
primary use, there would be no expansion of floor area, and the request
would not alter the original intent of the project or site.
D. That a public hearing was duly called, noticed, and held for CUP 2016-18 on
November 1, 2016, by the.Zoning Administrator.
E. That the establishment, maintenance, and operation of the proposed
religious assembly use will not, under the circumstances of this case, be
detrimental to the health, safety, morals, comfort, or general welfare of the
persons residing or working in the neighborhood of such proposed use nor
be a detriment to the property and improvements in the neighborhood of the
subject property, nor to the general welfare of the City of Tustin as
evidenced by the following findings:
1) Places of worship are conditionally permitted within the
Public and Industrial District.
2) All activities would occur entirely within the building.
3) The proposed use, as conditioned, would not result in
parking impacts because the proposed site provides
adequate parking based on TCC requirements.
4) As conditioned, no noise impacts are anticipated.
Zoning Administrator Action 16-012
Conditional Use Permit 2016-18
Page 2
5) As conditioned, the number of participants, types of activities
and hours of operation are typical of a place of worship and
would be compatible with other uses in the vicinity, and the
applicant would be required to notify the City of any changes
to the use of the facility.
6) As conditioned, CUP 2016-18 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 CUP 2016-18 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
CUP.
7) The City's Public Works Department, Police Department and
Building Division, and the Orange County Fire Authority have
reviewed and support the proposed project, as conditioned.
F. That this project is categorically exempt pursuant to Section 15301, (Class
1 — Existing Facilities) of Title 14, Chapter 3 of the California Code of
Regulations (Guidelines for the California Environmental Quality Act).
II. The Zoning Administrator hereby adopts Zoning Administrator Action No. 16-012
approving Conditional Use Permit 2016-18 authorizing the establishment and
operation of a religious assembly within an existing public school facility multi-
purpose room and four classrooms located at 17952 Beneta Way, subject to the
conditions contained within Exhibit A attached hereto.
PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular
meeting held on the 1 st day of November, 2016.
ELIZABETH A. BINSACK
ZONING ADMINISTRATOR
VERA TISCARENO
RECORDING SECRETARY
Zoning Administrator Action 16-012
Conditional Use Permit 2016-18
Page 3
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, VERA TISCARENO, the undersigned, hereby certify that I am the Recording Secretary
of the Zoning Administrator of the City of Tustin, California; that Zoning Administrator
Action No. 16-012 passed and adopted at a regular meeting of the Tustin Zoning
Administrator, held on the 1st day of November, 2016.
VERA TISCARENO
RECORDING SECRETARY
EXHIBIT A
CONDITIONS OF APPROVAL
CUP 2016-18
14952 Beneta Way
GENERAL
(1) 1.1 The proposed project shall substantially conform with the submitted
plans, descriptions and statements provided by the applicant for the
project date stamped November 1, 2016, 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 and associated fee is received by the
Community Development Department within thirty (30) days prior to
expiration.
(1) 1.4 Approval of Conditional Use Permit 2016-18 is contingent upon the
applicant and property owner signing and retuming 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 Any violation of any of the conditions imposed is subject to the issuance of
an Administrative Citation pursuant to Tustin City Code Section 11.62(a).
SOURCE CODES
(1)STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT
(2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES
(3) BUILDING CODE (7) PC/CC POLICY
(4) DESIGN'REVIEW *** EXCEPTION
Conditions of Approval
17952 Beneta Way
CUP 2016-18
Page 2
(1) 1.6 Conditional Use Permit 2016-18 may be reviewed on an annual basis, or
more often if necessary, by the Community Development Director. The
Community Development Director shall review the use to ascertain
compliance with conditions of approval and federal, state and local laws
and regulations. If the use is not operated in accordance with Conditional
Use Permit 2016-18, or is found to be a nuisance or and/or is detrimental
to public health, welfare or materially injurious to property or improvements
in the vicinity, 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 As a condition of approval of Conditional Use Permit 2016-18, 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) 1.8 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 The approval of Conditional Use Permit 2016-18 is valid only upon
continued agreement with the Tustin Unified School District to utilize the
property for religious assembly and a minimum of 91 parking stalls are
provided on the project site and available for church use. Applicant
shall submit the signed lease agreement with Tustin Unified School
District to the Community Development Department upon renewal of the
agreement.
Conditions of Approval
17952 Beneta Way
CUP 2016-18
Page 3
(1) 2.2 The use of assembly (multi-purpose room) and classroom areas on the
school campus shall be limited to 8:00 AM to 1:00 PM on Sundays only.
Congregation for worship services and children's' programs shall take
place between the hours of 9:00 a.m. and 12:15 p.m. on Sundays only.
Any change to the hours-of operation shall require review and approval
by the Community Development Director.
(1) 2.3 The maximum number of seats and/or number of persons in attendance
at any given time shall not exceed the posted occupancy for the multi-
purpose room (300 occupants) and the classrooms (42 occupants).
(1) 2.4 If at any time in the future the Community Development Department
receives a complaint that parking, noise and/or traffic problem exists on
the site or in the vicinity as a result of the church use, or if any of the
permitted uses of the Tustin Unified School District need the use of their
required parking at times that the church is operating and using the
parking, the Director of Community Development may require the
property owner/church to prepare a parking demand analysis and/or
traffic study. If said study indicates there is inadequate parking, noise or
a traffic problem, the applicant shall be required to provide mitigation
measures to be reviewed and approved by the Director of Community
Development. Said mitigation may include the following:
A. Establish alternative hours of operation;
B. Restrict the maximum number of seats and/or increase the
number of services;
C. Secure additional on or off-site parking;
D. Provide parking attendant; and/or
E. Provide a sound study with recommendations for noise reduction.
(�)
- 2.5 No signs or other forms of advertising or attraction may be placed on
the site without,approval from the Community Development Department
and the Tustin Unified School District.
(1) 2.6 No change or alteration of the tenant space, floor area, services and/or
operations shall occur without prior approval of the Community
Development Director and the Tustin Unified'School District.
(1) 2.7 All activities shall be located entirely within the enclosed buildings.
(1) 2.8 All activities shall comply with the Tustin Noise Ordinance and General
Plan Noise element.
Conditions of Approval
17952 Beneta Way
CUP 2016-18
Page 4
(1) 2.9 If the use authorized by Conditional Use Permit 2016-18 is discontinued
for one (1) year, then it shall be conclusively presumed that such use has
been abandoned the Conditional Use Permit will be deemed expired.
BUILDING DIVISION
(3) 3.1 All regulations of the Uniform Building Code and the Orange County Fire
Authority regarding assembly occupancy classification, 'fire rating and.
exiting standards shall be met.
FEES
(1, 5) 4.1 Within forty-eight (48) hours of approval of the subject project, the
applicant shall deliver to the Community Development Department, a
.cashier's check payable to the COUNTY CLERK in the amount of fifty
dollars ($50.00) to enable the City to file the appropriate environmental
documentation for the project. If within such forty-eight (48) hour period the
applicant has not 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.