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 r w.. f QTY 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. VkY .�;�. "'r' PrDporal Urie Arca HkNETA WAY PAI t Suk,j�et Pr4��rty 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. MuIt;pu'p0`-e 000,11 -...� PROPOSED PAN KING &Classrooms r ,1 Parking 1� �r r Parking 07 _ r D ' ..o. . V. , 1 ,,t r Figure 2: Site Plan 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. WARM RM i ----- ------- ------ ASSEMBLY AREA M 'r 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 17952 Beneta Way 7 Mt.4 1.A +-rtW1.ANU WY i tiE'ytNGSSUN AMBfRYY'.r« u _. LOOM PROJECT SITE vw+nw5E►wr w ,.. Beneta Wa - ` SERE TA WY s w n � Q m S L"�'64AC4�'IL P AZA I%A4- 5001L IrvineBlvd. 300' t 0 0 4 0 w tl _ y00 O 6 P• - O O a ILOCKIWOOO PMHK P{.. 4 oobb 000, 100, S - a oboe {I .00, S 0000 -, . 0 a �` 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 Q wW 3 << "� LU d eg zg 8 8 8 - 1 �� eg eq aq g g 8 n 9 Fill-] LU 1 8p ug o� _ W 1 1 \ • I3q •� .. 9 �. IIg7 q a �i a �Awtye i= i ISI 1. pY ry 1 O{ `J1 E fi is e \ 1 yy 1 AVE I FIR 1 1 1 o4a ---------------------- 3 0 0 i 0 AM+ 6 s Z t 9 �3 a� ac� t z i i i i i 9yc i i i i -_--_.__.___._._._____._ _.__.__.__.__.__._._.J y w Z� �W_ c W. 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.