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HomeMy WebLinkAboutPH 4 CUP 89-45 05-06-91' L�- 'iu, 1jA PUBLIC HEARING N0. 4 5-6-91 vATE: MAY 6 ' , 1991 Inter -Com TO: WILLIAM A. HUSTON, CITY MANAGER FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: APPEAL OF AMENDMENT TO CONDITIONAL BIBLE CHURCH) USE PERMIT 89-45 (COLONIAL RECOMMENDATION Pleasure of the City Council. BACKGROUND On March 26, 19901 the Planning Commission adopted Resolution No. 2759 (Attachment A), approving a Conditional Use establish a church at 14451 Franklin Avenue and reci ro, Permit to for that church at 14401 Franklin Avenue and 14450 Chambers Road in ca 1 parking the Planned Community -Industrial District. Condition resolution required the installation of a 5 -foot wide sid 1 of that shown in Attachment B, on the 14450 Chambers property ewalk, as iprocal parking site). On March 11, 1991, the Planning Commission adopted Resolution 2884, modifying that Condition to defer. install adopted the sidewalk up to six months from issuance of a Certificate e of Occupancy for the church tificate of (Attachment C). The applicant has appealed that decision and is requesting the City Council them entirely from the obligation to install a sidewal relieve 14450 Chambers (Attachment D), k adjacent to Surrounding uses include industrial to the north, east Office to the South. and west and A hearing notice identifying the time, date and location of the Public hearing for the proposal was published in the T Property owners within 300 feet of the site were notified News. of the hearing and notices were posted on site, at City Hall and ed by mail the Police Department. The applicant was informed availability of the agenda and staff report for this iteto of the m. DISCUSSION The issue of providing a direct pedestrian access link proposed church site and the off-site parking locations wasw fen the be extremely important by the Planning Commission in their elt to of the project. The Planning Commission's adopted review P d policy City Council Report Appeal of Amendment to CUP 89-45 May 6, 1991 Page 2 guidelines for developing churches in industrial districts states that: "If off-site parking is provided, a direct pedestrian corridor and/or sidewalk from the church use to the off- site parking site shall be provided to eliminate the Potential risks associated with pedestrians utilizing the streets for access . 11 This guideline, along with the 1988 City Council policy to require installation of five-foot, utility clear, sidewalks in industrial areas when there is a discretionary approval involved, led to the ultimate inclusion of Condition 4-E.1 requiring the installation of a sidewalk adjacent to the church site at 14451 Franklin Avenue. The applicant voiced no concern on this matter nor appealed the decision at the initial hearings. Implementation of the City Council policy has traditionally occurred through the Public Works Department. Projects requiring building permits for expansions of use or significant physical improvements (interior and/or exterior) would be required to provide the installation of sidewalks alongthe property frontage pursuant to City Council policy. Where a discretionary project is considered, as in the case of the subject conditional use permit, a condition of approval would be included to provide for such installation. The Public Works Department has also indicated the desire to maintain the condition of approval. In the case of the subject project, 14450 Chambers Road and 14401 Franklin project by including both parcels to and recording reciprocal parking and properties. The sidewalk adjacent installed. Without sidewalks along Chambers site, the church members utilize the streets and parking lot corridor to and from the church. utilizing the Chambers site would to driveway, a significant health and sa children could occur. the applicant has included as part of the discretionary satisfy parking requirements access agreements on these to 14401 Franklin has been the street frontage of the and visitors would need to drive aisle as a pedestrian As the majority of traffic ke access from the easterly fety risk for both adults and The total elimination of the sidewalk would be in conflict with the City Council Policy for the installation of sidewalks, and Planning Commission guidelines for churches, in the industrial districts However, an alternative available to the Council would be to defer installation of the sidewalk and require execution and recordation City Council Report Appeal of Amendment May 6, 1991 Page 3 to CUP 89-45 of appropriate agreements to ensure the eventual installation of the sidewalk. CONCLUSION Based upon concerns to provide adequate and safe pedestrian access between the Chambers site and the church site, and established Planning Commission and City Council policies,' two alternative resolutions are proposed for consideration: 1) Resolution No. 91-54(a) would defer installation of the sidewalk and require execution and recordation of appropriate agreements to ensure the eventual installation of the sidewalk; or 2) Resolution No. 92-54(b) would uphold Planning Commission Resolution No. 2884, deferring the installation of the sidewalk a maximum of 6 months with appropriate cash deposit or surety bondsforthe completion of the work. e Senior Planner Resolution Attachment Attachment Attachment Attachment Nos. 91-54(a) A - Planning B - Site Plan C - Planning D - Applicant Christine A. Shing eton Assistant City Manager Community Development Department and 91-54(b) Commission Resolution No. 2759 Commission Resolution No. 2884 Appeal Petition RESOLUTION NO. 91-54(a) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, MODIFYING CONDITION 4.E.1 OF PLANNING COMMISSION RESOLUTION NOS. 2759 AND 2884 RELATED TO DEFER INSTALLATION OF A SIDEWALK ADJACENT TO 14450 CHAMBERS ROAD BY EXECUTION AND RECORDATION OF AN AGREEMENT TO CONSTRUCT SAID SIDEWALK. The City Council of the City of Tustin does hereby resolve as follows: I. The City Council finds and determines as follows: A. That a proper appeal of Amendment to Conditional Use Permit 89-45 has been filed by Colonial Bible Church, to request modification of Condition No. 4.E.1 of Planning Commission Resolution Nos. 2759 and 2884 related to the installation of a five-foot wide sidewalk adjacent to 14450 Chambers Road. B. That a public hearing was duly called, noticed and held on said application on May 6, 1991. C. That establishment, maintenance and operation of the use applied for would 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: 1. The proposed revised condition would be consistent with adopted Planning Commission policy guidelines for churches in industrial districts to establish pedestrian access to adjacent off-site parking facilities in that it would insure direct pedestrian corridors and/or sidewalks from the church use to the off- site parking site. 2. The proposed revised condition would be consistent with.the adopted City Council policy to require installation of sidewalks to establish and enhance safe pedestrian circulation in industrial areas in conjunction with expansion of use or significant physical improvements (interior and/or exterior) in that it would still provide such a sidewalk. Resolution No. 91-54(a) Page 2 3. The proposed revised condition would not constitute a significant health and safety risk for both adults and children as church members and visitors would not need to utilize the streets and parking lots as pedestrian corridors to and from the church. D. This project has been determined to be categorically exempt (Class 1) pursuant to Section 15301 of the California Environmental Quality Act. II. The City Council hereby approves Amendment to Conditional Use Permit 89-45, modifying Condition 4.E.1 of Planning Commission Resolution Nos. 2759 and 2884 to read as follows: "Construction of adjacent to the Franklin Avenue, Chambers Road. adjacent to 14450 discretion, may recordation of required sidewalk property owner Development and City Attorney and a five-foot wide sidewalk located curb shall be required'at 14451 14401 Franklin Avenue and 14450 Installation of the sidewalk Chambers Road, at the applicant's be deferred upon execution and in agreement to construct the by Colonial Bible Church and the as approved by the Community lublic Works Departments and the shall include the following: A. The construction of a side walk adjacent to 14450 Chambers would be implemented only if sidewalks are constructed on at least 50% of the properties on either side east of Chambers Road between Franklin Avenue and Michelle Drive. B. A cash deposit or surety bond shall be provided to cover the cost of said improvements. A separate 2411x36" 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." Resolution No. 91-54(a) Page 3 PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on the 6th day of May, 1991. CHARLES E. PUCKETT Mayor MARY WYNN City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) CERTIFICATION FOR RESOLUTION NO. 91-54(a) MARY E. WYNN, City Clerk and ex -officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution was duly and regularly passed and adopted at a regular meeting of the City Council held on the 6th day of May, 1991, by the following vote: COUNCILPERSONS AYES: COUNCILPERSONS NOES: COUNCILPERSONS ABSTAINED: COUNCILPERSONS ABSENT: MARY E. WYNN, City Clerk RESOLUTION NO. 91-54(b) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, UPHOLDING PLANNING COMMISSION RESOLUTION NO. 2884, MODIFYING CONDITION 4.E.1 OF PLANNING COMMISSION RESOLUTION NO. 2759 RELATED TO THE INSTALLATION OF A SIDEWALK ADJACENT TO 14450 CHAMBERS ROAD TO ALLOW DEFERRAL UP TO SIX MONTHS FROM ISSUANCE OF A CERTIFICATE OF OCCUPANCY AND SUBMITTAL OF APPROPRIATE SURETY BONDS. The City Council of the City of Tustin does hereby resolve as follows: I. The City Council finds and determines as follows: A. That a proper appeal of. Amendment to Conditional Use Permit 89-45 has been filed by Colonial Bible Church, to request modification of Condition No. 4.E.1 of Planning Commission Resolution Nos. 2759 and 2884 related to the installation of a five-foot wide ' sidewalk adjacent to 14450 Chambers Road. B. That a public hearing was duly called; noticed and held on said application on May 6, 1991. C. That establishment, maintenance and operation of the use applied for would 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: 1. The proposed revised condition would be consistent with adopted Planning Commission policy guidelines for churches in industrial districts to establish pedestrian access to adjacent off-site parking facilities in that it would insure direct pedestrian corridors and/or sidewalks from the church use to the off- site parking site. 2. The proposed revised condition would be consistent with the adopted City Council policy to require installation of sidewalks to establish and enhance safe pedestrian circulation in industrial areas in conjunction with expansion of Resolution No. 91-54(b) Page 2 use or significant physical improvements (interior and/or exterior) in that it would still provide such a sidewalk. 3. The proposed revised condition would not constitute a significant health and safety risk for both adults and children as church members and visitors would not need to utilize the streets and parking lots as pedestrian corridors to and from the church. D. This project has been determined to be categorically exempt (Class 1) pursuant to Section 15301 of the California Environmental Quality Act. II. The City Council hereby upholds Planning Commission Resolution No. 2884 modifying Condition 4._E_.1 of Planning Commission Resolution No. 2759. PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on the 6th day of May, 1991. CHARLES E. PUCKETT Mayor MARY WYNN City Clerk Resolution No. 91-54(b) Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) CERTIFICATION FOR RESOLUTION NO. 91-54(b) MARY E. WYNN, City Clerk and ex -officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution was duly and regularly passed and adopted at a regular meeting of the City Council held on the 6th day of May, 1991, by the following vote: COUNCILPERSONS AYES: COUNCILPERSONS NOES: COUNCILPERSONS ABSTAINED: COUNCILPERSONS ABSENT: MARY E. WYNN, City Clerk 4 5 6 7 8 9 10 11 12 13. 14i 151 16 17 18 19 20 21 22 23 24 25 26 27 2811 RESOLUTION NO. 2759(A) A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 89-45 AUTHORIZING ESTABLISHMENT OF A CHURCH AT 14451 FRANKLIN AVENUE AND VARIANCE 90-24, 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 proper 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 spaces to zero__ spaces at 14 4 01 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. B. That a public hearing was duly called, noticed and held on said application on March 26, 1990. C. 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: 1. The use applied for is a conditionally permitted use within the Planned Community Industrial District of the ATTACHMENTA. J .: - . . :sbuTpuT3 buTMojjo3 auq Aq pagzoddns aq upo lgo.zngo auq .zo3 buTAjed agTs-33o .zo3 aptnoad 0-4 ,zap.zo uT ppoa s.zaqutpu3 OS,VfiT qp ojaz oq £Z uio.z3 buTxz >d agTs -uo pa.ztnba-i auq aonpa.z oq pup I anueAV utjxup:xa TOVVT qp oaaz oq £C moij buTXaed ;agts-uo pa.ztnba.z auq aonpa.z oq ' anuanV UT-Lxupja j5VVj qp saopds VV og saopds OOT moa; buiNapd agTs-uo pazTnba.z aq-4 aonpaz 0-4aoupT.zen Z)114 3o buTque.zb auq gegs '9 •subTs A.zogoaaTp 3o quaumopjd Xq pagpjnba.z aq jjTM spa.zp butxapd agTs-330 auq gpuq pup suoTgpooT but3(apd aqT s-3 3 o quaop Cpp oq sxuT T upTagsapad agptadoaddp -10-T buTp-tno.zd aq jjTm qupotjddp auq gpgq uT 9.zp3TaM -[R.zauab auq oq -jo poouzoqubTau aq-4 uT squawtano.zdmT pup Aq.zado.zd oq jpquamT. J4ap ao snotinCUT aq qou jjTM asn pasodo.zd auy► ' S • -Lpnoxddp 3o suotgTpuoo ubno-Tug pagpbTgTuz Jo paT3stgps - uaaq aAPq sgoTagsTQ TpTagsnpuj. uT sauoanuz) Jog -sauTTapTnb pagdop,e aqq. 3o suoTSTno�d auq 30 ,&gT:zo Cpm p q -4 -fm pat Tdmoo spq asn auq gpgs ' •pasojo aq jjTM sassautsnq .zaugo auq 30 &qT:Xo C-eux aq-4 gpuq sanou auq buTjnp saTgTnTgop jpuoTgpbazbuoo gonpuoo TTTM uoanuo aqq gpgq UT sash-butpunoaans oq gEaauq p asod qou jjTM asn auq ' jpnoaddp 3o suoTgtpuoo XMM ' I. • uoTgpjnba.z pup ubTsap Aq ajgTgpdmoo aq o-4'appm aq upo uoTuM sguamdojanap asn paxTM 3o uoTgTubooa.z sagpotput gDTgM upjd jpaauag SlAgTD aqg 3o uoigpubtsaQ asn pup'I jpT.zgsnps aqq ugtM quagsTsuoo ST JO; paTjddp asn aus 'Z . •uoTgpuTwrzagaQ asn uoTssTUrMOD buTuupjd p Aq pauTuuagap sp xajdmoz) jpT.zgsnpuj auTnzl Z abed (K) 69LZ -0 X uoTgnTosal 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 2759(A) March 26, 1990. Page 3 A. 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. B. 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. 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. Additionally, the conditions of approval include mitigation measures which specifically address potential parking conflicts. 2 3 4 5' 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 251 271 281 Resolution No. 2759(A) March '26', 1990 Page 4 D. 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 enj oyed 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. 7. 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. 8. A Negative Declaration has been prepared in accordance with the California Environmental Quality Act (Resolution No. 2760) II. The 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 Resolution No. 2759(A) March 26, 1990 Page 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 FOLEY, Secretary EXHIBIT A CONDITIONAL USE PERMIT 89-45 VARIANCE 90-2 CONDITIONS OF APPROVAL RESOLUTION NO. 2159(A) GENERAL (1) 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) 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. (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 89-45 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) 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_ 2759 (A) March 261 1990 Page 2 USE RESTRICTIONS (7) 2.1 1. The fellowship hall and classroom areas of the (7) 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. 2. 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 seats and/or increase the number of services. C . Secure of f -site parking from adjacent property owners. (7) 4.All 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 (1) 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 hail 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 Resolution No. 2759(A) March 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 500 of the load of the sanctuary. (315)3.6 All corridors at 14451 Franklin Avenue shall be one (1) hour rated. (1) 3.9 All 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 All 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 261 1990 Page 5 PLAN SUBMITTAL 4.1 At building plan check four sets of construction level plans shall be submitted as follows: (3) A. Plans shall specify all issues regarding occupancy in accord with Orange County Fire Department and the Building and Safety Division conditions. , (3) B. 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. (1) C. All conditions of approval specific to construction drawings shall be identified in the submitted construction package. (1) D. All 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. (1,7) E. Information and plans to ensure satisfaction of all engineering requirements including but not limited to: 1. Construction of a five foot wide sidewalk located adjacent to the curb will be required at 14451 Franklin Avenue 4'14401 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. 2. 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. 3. Preparation of plans identifying the proposed location and type of portable directional signage for off-site parking. 4. Preparation of handbills for circulation to the church membership. FEES (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. 02 was duly passed and adopted at a regular MeMg g of the Tustin Planning Commission, held on the � day of 0h„Ck._ , 199 . %Q -Q-4 P I FOLEY -- Recording Secretary �Fi�s� � ' tt�► ,�ap MOM i i� r./A Nr-f%%orl L,.WoLrr t4o sc4�-t OF ATTACHMENTB 1 3 4 51 G i 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 i 25 26' 27 28 RESOLUTION NO. 2884 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING AMENDMENT TO CONDITIONAL USE PERMIT 89-45, MODIFYING CONDITION 4.E.1 OF PLANNING COMMISSION RESOLUTION NO. 2759 RELATED TO THE INSTALLATION OF A SIDEWALK ADJACENT TO 14450 CHAMBERS ROAD TO ALLOW DEFERRAL UP TO SIX MONTHS FROM ISSUANCE OF A CERTIFICATE OF OCCUPANCY AND SUBMITTAL OF APPROPRIATE SURETY BONDS. 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 proper application (Amendment to Conditional Use Permit 89-45) has been` filed by Colonial Bible Church, to request modification of Condition No. 4 . E .1 of Planning Commission Resolution No. 2759 related to the installation of a five-foot wide sidewalk adjacent to 14450 Chambers Road. B. That a public hearing was duly called, noticed and held on said application on March 11, 1991. C. That establishment, maintenance and operation of the use applied for would 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: 1. The proposed revised condition would be consistent with adopted Planning Commission policy guidelines for churches in industrial districts to establish pedestrian access to adjacent off-site parking facilities in that it would insure direct pedestrian corridors and/or sidewalks f rom the church use to the of f - site parking site. 2. The proposed revised condition would be consistent with the adopted City Council policy to require installation of sidewalks to establish and enhance safe ATTACHMENT C 1 3 4 5' 6 /. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 526 25- 26 27 28 Resolution No. 2884 Page 2 pedestrian circulation in industrial areas in conjunction with expansion of use or significant physical improvements (interior and/or exterior) in that it would still provide such a sidewalk. 3. The proposed revised condition would not constitute a significant health and safety risk for both adults and children as church members and visitors would not need to utilize the streets and parking lots as pedestrian corridors to a-nd from the church. D. This project has been determined to be categorically exempt (Class 1) pursuant to Section 15301 of the California Environmental Quality Act. II. The Planning Commission hereby approves Amendment to Conditional Use Permit 89-45, modifying Condition 4.E.1 of Planning Commission Resolution No. 2759 to read as follows: "Construction of a five-foot wide sidewalk located adjacent, to the durb shall be' required at 14451 Franklin Avenue, 14401 Franklin Avenue and 14450 Chambers Road. Installation of the sidewalk adjacent to 14450 Chambers Road, at the applicant's discretion, may be deferred a maximum of six (6) months from issuance of a Certificate of Occupancy for 14451 Franklin Avenue upon submittal of a cash deposit or surety bond prior to issuance of a. Certificate of Occupancy for 14451 Franklin Avenue in the amount to cover the cost of said improvements as approved by the Public Works Director, the Director of Community Development and the City Attorney. A separate 2411x36" 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." 1 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 2884 Page 3 PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting held on the 11th day of March, 1991. � KATHLEEN CLANCY Recording Secretary DONALD LE Chairman Resolution No. 2884 Page 4 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I. KATHLEEN CLANCY, the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 2884 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the lith day of March, 1991. e: ��z Z! �- 0 �4� cz-7-t' � KATHLEEN CLANCY Recording Secretary -- RECEIVED �- COLONIAL BIBLE CHURCH MAR 15 1991 14451 FRANKLIN AVENUE TUSTIN, CALIFORNIA 92680 COMMUNITY DEAEOPMENT March 14, 1991 Mr. Daniel Fox Senior Planner CI'T'Y OF TUS IN 300 Centennial Way Tustin, CA 92680 RE: APPEAL OF APPROVAL TO AMENDMENT TO CONDITIONAL USE PERMIT 89-45 Dear Mr. Fox: The Colonial Bible Church is in agreement with the Planning Commission's need t07 support the policy of the City Council. We do not agree, however, that our use is applicable to the original intent of the City Council's policy and we also believe that the policy is not being adhered to as it was originally intended The Colonial Bible Church does , appeal to the City Council the requirement for the construction of the sidewalk at 14450 Chambers Road. Please contact us for further scheduling of this appeal. Sincerely, Michael E. Hamilton MEH/jkl ATTACHMEW D