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HomeMy WebLinkAboutZAA 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) 2016-18 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 Dev6lopment Dlirector, If the use is not operated in accordance with CUP 20116-18 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 B,uiildingi: Division, and the Orange County Fire Authority have, reviewed and support the proposed project, as conditioned. F. That this project its categorically exempt pursuant to Section 15,301, (Class 1 — Existing Fa,cillities) of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). Il. 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 facifity multi- purpose room and four classrooms located at 17952 B,eneta 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 1st day of November, 2016. ELIZABETH A. BINSACK ZONING ADMINISTRATOR VERA T18 RECORDING SECRETARY Zoning,Administrator Action 16-012 Conditional Use Permit 2016-18 Page 3 STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN 1, 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 A,dmiinist�rator, held on the 1st day of November, 20,1 6. VEkA'TIscAKtNb, 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 returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the property owner signing and recording with the County Clerk- Recorder a notarized "Notice of Discretionary Permit Approval and Conditions of Approval" form. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. (1) 1.5 Any violation of any of the conditions imposed is subject to the issuance of an Administrative Citation pursuant to Tustin City Code Section 1162(a). SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) BUILDING CODE (7) PCICC 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 fled 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 ANI 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, 6) 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.