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Home My WebLink AboutPC RES 2706 1 2 3 4 5 6 ! 8 9 10 11 13 14 15 16 17 18 19 20 9.1 24 25 26 9.7 28 RESOLUTION NO. 2706 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 89-24 AND VARIANCE 89-12 AUTHORIZING ESTABLISHMENT OF A CHURCH AND TO PROVIDE 31 PARKING SPACES, RATHER THAN THE 86 SPACES REQUIRED BY CODE, ON PROPERTY LOCATED AT 14312 FRANKLIN AVENUE 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 (CUP 89-24 and Variance 89-12) has been filed by Calvary Chapel Irvine, to establish a church and provide 31 parking spaces, rather than the 86 spaces required by code on property located at-14312 Franklin Avenue, more specifically described as Assessor's Parcel No. 432-473-06. Be Ce That a public hearing was duly called, noticed and held on said application on November 13, 1989. That the 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 in conformance with the Tustin General Plan. · The subject property is located in the Planned Community Industrial District and the use applied for is a conditionally permitted use in said District. · The proposed use will not negatively effect surrounding property owners, in that the church will conduct congregational activities during the hours that other businesses will be closed. 1 3 4 6 7 8 9 10 11 13 14 15 16.] 17 18 19 2O 21 22 23 24 25 26 27 28 Resolution No. 2706 Page 2 Do Eo F~ That the establishment, maintenance, and operation of the use applied for will not be injurious or detrimental to the property and improvements in the neighborhood of the subject property, nor to the general welfare of the City of Tustin, and should be granted. The project is Categorically Exempt pursuant to the provisions of Section 15305 (Class 5) of the California Environmental Quality Act. That granting of the variance to provide 31 parking spaces rather than 86 spaces required by Code, can be supported by the following findings: ae There are special circumstances applicable to the shape, size, location, topography or use of the property which justifies the variance request. There are special circumstances applicable to the location and the proposed use of the property in that the church, office use and other businesses on-site will provide a shared parking relationship as these different uses would be occupied at different hours during the week. While only 81 spacees can be permanently allocated to the church, the property owner has agreed to provide additional parking for the church uses when other businesses on the site are not in operation. The applicant has stated that the church will never be open for business at the same time that the other businesses will be occupied. The highest demand for parking (86 spaces) will occur when the church assembly is in operation, which can be accommodated on site within the 98 spaces on-site provided uses currently on the site continue. S. The applicant is beinq denied a privileqe enjoyed by others in similar conditions and identical zoninq designations. The applicant is not being granted special privileges since the peak parking demand created by the various uses are anticipated to be at different hours, and there will be adequate on-site parking for uses at the time for demand, as previously stated. 1 2 3 4 5 6 t,,.-* 8 9 10: 11 12 13 14. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 2706 Page 3 Ce The variance will ~ot have a detrimental imoact on the subject property or surrounding properties. The granting of this variance request will not have a negative impact in that the anticipated peak parking demand can be provided on-site due to the different hours of operation of the various uses. In particular, the church assembly area is not expected to be occupied at the same time that the other businesses are in operation. The conditions of approval include mitigation measures to ensure that adequate parking is provided on-sit~. De The variance is consisteDt with the provisions of the General Plan. The variance request is consistent with the City's General Plan which encourages orderly and harmonious development, since parking demand will be accommodated on- site. II. The Planning Commission hereby approves Conditional Use Permit 89-24 and Variance 89-12, authorizing the establishment of a church and providing 31' parking spaces, rather than the 86 spaces required by Code, subject to the conditions contained within Exhibit A, attached hereto. PASSED A~D ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 13th day of November, 1989. · _ PENNI FOLEY, Secretary LESLIE PONTIOUS, X '~~-~ Chairman EXHIBIT A CONDITIONAL USE PERMIT 89-24 AND VARIANCE 89-12 CONDITIONS OF APPROVAL RESOLUTION NO. 2706 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped November 13, 1989 on file with the Community Development Department, as herein modified, or as modified, or'as modified by the Director of Community Development Department in accordance with this Exhibit. (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 Conditional Use Permit and Variance approval shall become null and void unless all building permits are issued within twelve (12) months of the date on this Exhibit and substantial construction is underway. (1) 1.4 The applicant and property owner shall sign and return an Agreement to Conditions Imposed form prior to the issuance of any building permits and or business license. (1) 1.5 Ail regulations of the Uniform Building code and the Fire Department regarding assembly occupancy classification, fire rating and exiting standards shall be met. USE RESTRICTIONS *** 2.1 The assembly area and classrooms of the church shall be occupied only on Wednesday or any religious holidays after 7:00 p.m. and Sunday after 8:00 a.m. for congregational meetings. 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. 2706 November 13, 1989 Page two *** Z.2 Based on written request made from any business on the site to the Department of Community Development if it is determined, at any time in the future by the Department, that other outright permitted uses on the site in suites 102, 103, 104 and 105 need their required parking at times that the church is operating based on restricted hours contained in this exhibit, then the owner shall provide additional mitigation to offset parking impacts without restricting outright permitted uses on the site. Said mitigation may include ae Secure off-site parking from adjacent property owners, or Bo Reduce maximum number of seats permitted or expand number of services in the assembly area subject to Planning Commission concurrence. *** 2.3 The maximum number of seats permitted in the assembly area shall not exceed 236. *** 2.4 The variance to permit 31 parking spaces for the church on-site shall become null and void when and if the Conditional Use Permit expires. If the use authorized by Conditional Use Permit 89-24 is discontinued for six (6) months, then it shall be conclusively presumed that such use has been abandoned and the Use Permit will be deemed expired. 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. ~-7K) 6 was duly passed and adopted at a r. egular meeting of the Tustin Planning Commission' held on the /~ .day of 198~.. Recording Secretary