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HomeMy WebLinkAboutPC RES 2759-A 1 2 4 5 6 7 8 9 10 il i',/) i5 ~7 19 2,'; 2.1. 9.5 °,27 28 RESOLUTION NO. 2759(A) A RESOLUTION OF THE PLANNING COMMISSION OF THE CiTY OF TUSTIN, CALIFORNIA, APPROVING CONDITIONAL USE PEI{MIT 89-45 AUTHORIZING ESTABLISHMENT OF A CHURCH AT 14451 FRANKLIN AVENUE AND VARIANCE 90-2, ALLOWING THE REDUCTION OF THE REQUIRED PARKING FROM 100 SPACES TO 44 AT 14451 FRANKLIN AVENUE, REDUCTION OF THE REQUIRED PARKING AT 14401 FRANKLIN AVENUE FROM 33 SPACES TO ZERO SPACES TO PROVIDE FOR OFF-SITE PARKING FOR THE CHURCH DURING CERTAIN HOURS, AND REDUCTION OF THE REQUIRED PARKING AT 14450 CHAMBERS ROAD FROM 25 SPACES TO ZERO SPACES TO PROVIDE FOR OFF- SITE PARKING FOR THE CHURCH DURING CERTAIN HOURS. The Planning Commission of the City of Tustin does hereby resolve as follows: i. The Planning Commission finds and determines as follows' a. That a propcr application (Conditional Use Permit 89-45 and Variance 90-2) has been filed by Colonial Bible Church, to establish a church and reduce the on-site parking requirement from 100 to 44 spaces on property located at 14451 Franklin Avenue; and by Brian Bennett to reduce its required parking from 33 spaccs to zero spaces at 14401 Franklin Avenue to provide for off-site parking for the church during certain hours, and by Ann Scanlin to reduce its required parking from 23 to zero spaces at 14450 Chambers Road, to provide for off-site parking for the said church during certain hours. That a public hearing was duly called, noticed and held on said application on March 26, 1990. Ce 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: · The use applied for is a conditionally permitted use within the Planned Community Industrial District of the 3 ,i 5 ! 8 9 10 11 12 !,1 16 17 18 20 21 22 23 2,~ 27 28 Resolution No. 2759(A) ~4arch 26, 1990 Page 2 · , · Irvine Industrial Complex as determined by a Planning Commission Use Determination. The use applied for is consistent with the Industrial Land Use Designation of the City's General Plan which indicates recognition of mixed use developments which can be made to be compatible by design and regulation. With conditions of approval, the use will not pose a threat to surrounding uses in that the church will conduct congregational activities during the hours that the majority of the other businesses will be closed. That the use has complied with a majority of the provisions of the adopted guidelines for Churches in Industrial Districts have been satisfied or mitigated through conditions of approval. The proposed use will not be injurious or detrimental to property and improvements in the neighborhood or to the general welfare in that the applicant will be providing for appropriate pedestrian links to adjacent off-site parking locations and that the off-site parking areas will be regulated by placement of directory signs. That the granting, of the variance to reduce the required on-site parking from 100 spaces to 44 spaces at 14451 Franklin Avenue, to reduce the required on-site parking from 33 to zero at 14401 Franklin Avenue, and to reduce the required on- site parking from 23 to zero at 14450 Chambers Road in order to provide for off-site parking for the church, can be supported by the following findings: 1 8 10 11 12 1 ,) i,t 15 16 17 18 I9 20 '2 ! 22 9.3 25 26 Resolution No. 2759(A) March 26, 1990 Page 3 ae Co There are special circumstances applicable to the size, shape, location and the proposed use of the property, in that the church will provide for a shared parking agreement with the two adjacent properties (14401 Franklin Avenue and 14450 Chambers Road). While only 44 spaces can be permanently allocated for the church on the church site, the adjacent property owners have agreed to provide the remaining 56 spaces on their site during certain hours of the day which would be limited to weekdays after 6 p.m., Saturdays and on Sundays. Each of the off-site parking locations are within 50 feet and will be linked by pedestrian sidewalks. Therefore, according to the parking demand study, both off- site parking locations are expected to be able to provide their required parking during hours of individual operation. The applicants are not being granted special privileges since the peak parking demand created by the church use sites is anticipated to be at different hours than the two off- parking sites and therefore the parking requirements can be satisfied. The granting of this variance request will not have a negative impact on surrounding properties as the anticipated peak parking demand can be provided for, given the operation times of the existing businesses. Additionally, the conditions of approval include mitigation measures which specifically address potential parking conflicts. 1 3 4 5 6 7 8 9 10 11 12 13 1,1 15 16 Il 18 19 20 2i 9') 23 24 25 27 28 Resolution No. 2759(A) March 26, 1990 Page 4 De The variance is consistent with the City's General Plan which not only encourages orderly and harmonious development but also provides language to justify the intent to allow flexibility in Planned Community areas. E . Strict application of code would deprive property of privileges enjoyed by other properties in the vicinity in same district in that the Planning Commission has previously approved similar applications with similar restrictions on properties being used for off-site parking. . That although the proposed church location is closer than 1,200 feet to two churches previously approved by the Planning Commission, its associated impacts have been mitigated by physical location of the site in relationship to the access points of the previously approved church locations, and that according to the city Traffic Engineer, the street system is capable of handling the distribution of trips resulting from the proposed church use in relationship with approved churches in the Irvine Industrial Complex. · A Negative Declaration has been prepared in accordance with the California Environmental Quality Act (Resolution No. 2760) . II. Thc Planning Commission hereby approves Conditional Use Permit 89-45 and Variance 90-2, authorizing establishment of a church and reduction of the on- site parking requirement from 100 to 44 spaces on property located at 14451 Franklin Avenue, and from 33 spaces to zero spaces at 14401 Franklin Avenue to provide for off-site parking for the church during certain hours, and from 23 spaces to zero 9 10 11 12 lo I4 15 1G 17 18 20 o,21 ,aa,a., 23 2.1 25 26 27 28 Resolution No. 2759(A) Narch 26, 1990 Pagc 5 spaces at 14450 Chambers Road, to provide for off- site parking for the church during certain hours. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 26th day of March, 1990. PENNI ~' FOL Secretary DONALD LE aEUNE \.% \ Chairman EXHIBIT A CONDITIONAL USE PERMIT 89-45 VARIANCE 90-2 CONDITIONS OF APPROVAL RESOLUTION NO. 2759(A) GENERAL (i) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped March 26, 1990 on file with the Community Development Department, except as herein modified, or as modified by the Director of Community Development Department in accordance with this Exhibit. Exhibit E and F shall be complied with as to areas proposed to be used by the church for Sunday school classrooms, sanctuary, offices, and fellowship hall. (!) 1.2 Unless otherwise specified, all conditions contained in this Exhibit shall be complied with prior to the issuance of any building permits for the project or occupancy of the church site at 14451 Franklin Avenue, subject to review and approval by the Community Development Department. (I) 1.3 Use Permit approval shall become null and void unless all necessary building permits and business licenses are issued within twelve months of the date on this Exhibit. Time extensions may be granted by the Planning Commission if a written request is received by the Community Development Department within thirty (30) days prior to ekpiration. 1.4 If the use authorized by Use Permit 89-45 is discontinued for six (6) months, then it shall be conclusively presumed that such use has been discontinued and/or abandoned and the Use Permit and Variance 90-2 will be deemed expired. (1) i.5 Thc applicants and property owners shall sign and return an Agreement to Conditions Imposed form prior to the issuance of any building permits and or business license. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA .~ITIGATION (6) LANDSCAPING GUIDELINES (3) UNI~OR~i BUILDII~G CODE/S (7) PC/CC POLICY ( 4 ) DE S I GN REVIEW **~ EXCEPTIO/~ Exhibit A Resolution No. 2759(A) March 26, 1990 Page 2 USE RESTRICTIONS (7) z.z 1. (7) The fellowship hall and classroom areas of the church shall be limited to after 6:30 p.m. on Tuesdays and Wednesdays, and all day Sundays only. Any change in the operational characteristics shall be notified in writing to the Community Development Department and a modification to Use Permit 89-45 shall be necessary. · The maximum number of seats within the assembly areas (sanctuary, fellowship hall, pulpit and choir area) shall not exceed 300. (7) 3. If at anytime in the future a tenant or customer advises the City that a parking and/or traffic problem exists on the sites (14451 Franklin Avenue, 14401 Franklin Avenue, and 14450 Chambers Road) or in the vicinity as a result of the church use, or if any of the permitted uses of the district permitted at 14401 Franklin Avenue or 14450 Chambers Road need the use of their required parking at times that the church is operating and using the parking, then 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 that there is inadequate parking or a traffic problem, the applicant shall be required to provide mitigation measures to be reviewed and approved by the Planning Commission. Said mitigation may include the following: a. Establish alternate hours of operation. b. Restrict the maximum number of sea'ts and/or increase the number of services. C · Secure off-site parking from adjacent property owners. (7) 4. Ail church activities shall be located entirely within the enclosed building at 14451 Franklin Avenue. Exhibit A Resolution No. 2759(A) March 26, 1990 Page 3 5. No schools or day care facility may be permitted except Sunday school and day care type activities while the church is in operation. Schools are strictly prohibited in Industrial Districts. (7) 6. The classrooms/offices at 14451 Franklin Avenue shall not be utilized for any use other than Sunday school during worship services. (7) 7. The vestibule and fellowship hall areas at 14451 Franklin Avenue shall not be utilized for seating or for sermon close circuit viewing. (2,7) 8. Prior to the issuance of building permits, the property owners at 14451 Franklin Avenue, 14401 Franklin Avenue, and 14450 Chambers Road shall cause a reciprocal parking agreement between properties to be forwarded to the City Attorney and the Community Development Department for their review and approval, and upon approval, recorded in the Orange County Recorders office. The reciprocal parking agreement shall provide a minimum of 56 off site parking spaces to be made available on the sites located at 14401 Franklin Avenue and 14450 Chambers Road for the approved church location at 14451 Franklin Avenue all day Sundays, Wednesdays after 6:30 p.m. and Tuesday after 6:30 p.m. Said agreement shall remain in effect for the life of this use permit. If this document is not approved and recorded, Use Permit 89-45 and Variance 90-2 shall become null and void. (2,7) 9. The tenants of both 14401 Franklin Avenue and 14450 Chambers Road shall comply with all restrictions identified in the recorded shared parking agreement. (5) 10. The MCAS shall review the proposed development plan for the church and approve it prior to the granting of building permits. BUILDING/SITE (3) 3.1 An A2.1 occupancy is not permitted in a V-N construction building. The building at 14451 Franklin Avenue will have to be upgraded to a minimum of a V-1 hour Exhibit A l~coomu=ion No. 2759(A) ~,iarch 26, 1990 Page 4 construction building in accordance with the 1988 Uniform Building Code. (3) 3.2 The building shall meet the requirements of the Public Safety Code (Title 19) and California State Handicap Code (Title 24) Regulations. (5) 3.3 A fire alarm system shall be installed as per the 1988 Uniform Fire Code requirements. (3) 3.4 The building at 14451 Franklin Avenue shall comply in all respects with the Building code, other related codes, City Ordinances, and State and Federal Laws and Regulations. (3,5)3.5 A main exit is required at 14451 Franklin Avenue which is capable of exiting 50% of the load of the sanctuary. (3,5)3.6 Ail corridors at 14451 Franklin Avenue shall be one (1) hour rated. (i) 3.9 Ail signs shall comply with the existing sign program and be approved by the Community Development Department and the Irvine Company prior to issuance of sign permits. 1) Directional signage shall be installed on the church site directing overflow parking during church services to park on the properties located at 14401 Franklin Avenue and 14450 Chambers Road in spaces designated on the identified reciprocal parking agreement. Temporary directional signage shall also be placed on the subject reciprocal parking location specified above. 3.10 Ail exterior modifications shall be approved by the City's design review process prior to submitting for plan check. 3.11 The church shall provide a direct pedestrian access to the offsite parking area. Said improvements shall be shown on the construction plans and shall be completed prior to granting of a certificate of occupancy for the church site. Exhibit A Resolution No. 2759(A) March 26, 1990 Page 5 PLAN SUB~.~ITTAL 4.1 At building plan check four sets of construction level plans shall be submitted as follows: (3) A. -B. (1) c. (1) D. (~ 7) E Plans shall specify all issues regarding occupancy in accord with Orange County Fire Department and the Building and Safety Division conditions. The construction plans shall be in accordance with applicable Building and Fire code including installation of an alarm system as specified in conditions of approval. Said construction will be inspected by the Community Development Department and Fire Department during construction and prior to final. Ail conditions of approval specific to construction drawings shall be identified in the submitted construction package. Ail exterior improvements shall be approved by the Irvine Company in accordance with the Irvine Industrial Regulations. All sets of plans submitted for review shall be approved by stamp and a written approval letter shall also be submitted to the Community Development Department. Information and plans to ensure satisfaction of all engineering requirements including but not limited to: · Construction of a five foot wide sidewalk located adjacent to the.curb will be required at 14451 Franklin Avenue, 14401 Franklin Avenue and 14450 Chambers Road. A separate 24" x 36" street improvement plan will be required showing this construction along with all above ground obstructions. The sidewalk shall flare out around these obstructions. This construction may require some regrading of the existing landscape berm. · Additional right-of-way at 14451 Franklin Avenue and 14450 Chambers Road will be required Exhibit A Resolution No. 2759(A) March 26, 1990 Page 6 in the form of a corner cut-off to facilitate the construction of a handicap ramp per City standard No. 124. The Engineering Division will need a legal description and sketch of this dedication along with a copy of the latest vesting on the property. This dedication must be completed prior to engineering approval. Preparation of plans identifying the proposed location and type of portable directional signage for off-site parking. FEES · Preparation of handbills for circulation to the church membership. (6) 5.1 Prior to the issuance of any building permits, payment shall be made of all required fees including all applicable design review, plan check, and building permit fees to the Community Development Department. CEJ:kbc STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CiTY OF TUSTIN ) I, PENNI FOLEY, the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission of the city of Tustin, California; that Resolution No. o~Tb-~ was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the C?.~.~,'~~ day of ~ Y~dL~C.~.- , 199~. PENNI FOLEY Rccording Sccretary