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RESOLUTION NO. 2720
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT 89-38, AUTHORIZING
ESTABLISHMENT OF A CHURCH AT 2472 WALNUT
AVENUE AND VARIANCE 89-20, ALLOWING THE
REDUCTION OF THE REQUIRED PARKING FROM 204
SPACES TO 103 AT 2472 WALNUT, AND REDUCTION OF
THE REQUIRED PARKING AT 2492 WALNUT FROM 167
SPACES TO 66 SPACES IN ORDER TO PROVIDE FOR A
JOINT PARKING AGREEMENT WITH THE CHURCH.
The Planning Commission of the City of Tustin does
hereby resolve as follows:
I. The Planning Commission finds and determines as
follows:
ae
That a proper application (Conditional Use
Permit 89-38 and Variance 89-20) has been
filed by First Baptist Church, to establish a
church and reduce the on-site parking
requirement from 204 to 103 spaces on property
located at 2472 Walnut Avenue and by Tust]n
Corporate Park Ltd. to reduce its required
parking from 167 spaces to 66 spaces at 2492
Walnut in order to provide a joint parking
agreement with said church. The properties
are further described as Parcel 3 and 4 of
Parcel Map 84-1031.
B.
That a public hearing was duly called, noticed
and held on said application on January 8,
1990.
Co
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
Irvine Industrial Complex as determined
by the Planning Commission.
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Resolution No. 2720
January 8, 1990
Page two
·
,
·
·
The use applied for is consistent with
the 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.
As conditioned, 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 adopted guidelines for Churches in
Industrial Districts as adopted by
Planning Commission (Resolution No. 2715)
have been satisfied as conditioned.
That the granting of the variance to
reduce the required on-site parking from
204 spaces to 103 spaces at 2472 Walnut
and to reduce the required on-site
parking from 167 to 66 at 2492 Walnut in
order to provide for joint parking for
the church, can be supported by the
following findings:
ae
There are special circumstances
applicable to the location and the
proposed use of the property, in
that the church will provide for a
shared parking agreement with the
adjacent property (2492 Walnut).
While only 103 spaces can be
permanently allocated for the
church, the adjacent property owner
has agreed to provide the remaining
101 spaces on his site which would
be limited to weekdays after 6 p.m.
and on Sundays. Therefore according
to the parking demand study, with
minor limitations both sites will be
capable of providing their required
parking during hours of operation.
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Resolution No. 2720
January 8, 1990
Page three
·
B·
The applicants are not being granted
special privileges since the peak
parking demand created by the two
sites are anticipated to be
primarily at different hours, and
adequate parking is available given
the shared parking agreement.
C·
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, and anticipated
operational times of future tenants
of 2492 Walnut Avenue.
Additionally, the arrangement of the
buildings provides for reciprocal
access and therefore encourages
shared parking when an overflow of
parking is present on the various
parcels. Additionally, the
conditions of approval include
mitigation measures which
specifically address potential
parking difficulties.
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. In this case it is
an issue of shared parking.
That adequate separation exist between
churches in the immediate vicinity as
evidenced by the closest approved church
which is over 1,600 feet away from the
subject location.
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Resolution No. 2720
January 8, 1990
Page four
·
A Negative Declaration has been prepared
in accordance with the California
Environmental Quality Act (Resolution No.
2719) .
II. The Planning Commission hereby approves Conditional
Use Permit 89-38 and Variance 89-20, authorizing
establishment of a church and reduce the on-site
parking requirement from 204 to 103 spaces on
property located at 2472 Walnut Avenue and by
Tustin Corporate Park Ltd. to reduce its required
parking from 167 spaces to 66 spaces at 2492 Walnut
in order to provide a joint parking agreement with
said church. The properties are further described
as Parcel 3 and 4 of Parcel Map 84-1031.
PASSED AND ADOPTED at a regular meeting of the Tustin
Planning Commission, held on the 8th day of January,
1990.
Secretary
LESLIE PONTIOUS,
Chairman
EXHIBIT A
CONDITIONAL USE PERMIT 89-38
VARIANCE 89-20
CONDITIONS OF APPROVAL
RESOLUTION NO. 2720
GENERAL
(1) 1.1 The proposed project shall substantially conform with the
submitted plans for the project date stamped December 11,
1989 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 A shall be complied with as to
areas proposed to be used by the church for Sunday school
classrooms, auditorium, offices, and fellowship hall.
(1) 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, subject to
review and approval by the- Community Development
Department.
(1) 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
expiration.
1.4 If the use authorized by Use Permit 89-38 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 89-20 will be
deemed expired.
(1) 1.5 The 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 MITIGATION (6) LANDSCAPING GUIDELINES
(3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY
(4) DESIGN REVIEW
*** EXCEPTION
Exhibit A
Resolution No. 2720
January 8, 1990
Page 2
USE RESTRICTIONS
(7) 2.1 1.
(7)
The assembly and classroom areas of the church shall
be limited to after 6:30 p.m. on Wednesdays and
Sundays only. Any change in the operational
characteristics shall be notified in writing to the
Community Development Department to determine
whether an amendment to this Use Permit will be
necessary.
·
The maximum number of seats within the assembly
areas (auditorium, fellowship hall, pulpit and choir
area) shall not exceed 611.
(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 site or in the vicinity as a
result of the church use, or if any of the permitted
uses of the district 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.
be
Restrict the maximum number of seats and/or
increase the number of services.
Ce
Secure off-site parking from adjacent property
owners.
(7) 4.
Ail activities shall be located entirely within the
enclosed building.
(1) 5.
No schools may be permitted except Sunday school
type activities while the church is in operation.
Schools are strictly prohibited in Industrial
Districts.
Exhibit A
Resolution No. 2720
January 8, 1990
Page 3
(7) 6.
The classrooms/offices shall not be utilized for any
use other than child care during worship services.
(7) 7.
The narthex area shall not be utilized for seating
or service close circuit viewing.
(2,7) 8.
Prior to the issuance of building permits, the
applicants shall cause a reciprocal parking
agreement between properties to be forwarded to the
City Attorney and the Community Development
Department and upon approval, recorded in the Orange
County Recorders office. -The reciprocal parking
agreement shall provide a minimum of 101 off site
parking spaces to be made available for the subject
property commencing on Sundays and on Wednesdays
after 6:30 p.m. and shall remain in effect for the
life of this use permit. If this document is not
approved and recorded in any manner, Use Permit 89-
38 shall become null and void.
(2,7) 9.
Ail future tenants of 2492 Walnut Avenue shall
comply with the restrictions identified in the
recorded shared parking agreement caused by this
report.
(5)
10. The MCAS shall review the proposed development plan
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 will have to be upgraded to a
minimum of a V-1 hour construction building in accordance
with the 1985 Uniform Building Code.
(3) 3.2 The building shall meet the requirements of Title 19 and
24 California Code Regulations.
(5) 3.3 A fire alarm system shall be installed as per the 1985
Uniform Fire Code requirements.
(3) 3.4 The building shall comply in all respects with the
Building code, other related codes, City Ordinances, and
State and Federal Laws and Regulations.
Exhibit A
Resolution No. 2720
January 8, 1990
Page 4
(3,5)3.5 A main exit is required which is capable of exiting 50%
of the load of the fellowship hall and the Auditorium.
(3,5)3.6 Two (2) exits at 1/2 diagonal distance are required in
the "Crib Baby, Toddler, and Pre-School rooms".
(3,5)3.7 Ail corridors shall be one (1) hour rated.
(3) 3.8 Ail glazing in hallways shall not exceed 25% of wall.
(1) 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
including the following signage:
1)
Directional signage shall be installed on the church
site directing overflow parking during church
services to park on the property to the west of the
church site at 2492 Walnut Avenue in spaces
designated on the identified reciprocal parking
agreement.
(1) 3.10 Ail exterior modifications shall be approved by the
(5) City's design review process prior to submitting for plan
check.
PLAi~ SUBMITTAL
4.1 At building plan check/design review, four sets of
construction level plans shall be submitted as follows:
(3) A.
(3) B.
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.
Exhibit A
Resolution No. 2720
January 8, 1990
Page 5
(1) c.
Ail conditions of approval specific to construction
drawings shall be identified in the submitted
construction package.
(1) D.
FEES
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.
.
(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.
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. ~TJ~ was duly passed
and adopted at a regular meeting of the Tustin Planning Commission,
held on the ~'~'~ day of "~ '~ .... ~ , 199~..
P~q~N I FOLEY
Recording Secretary