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Home My WebLink AboutSUPPLEMENTAL ITEM #3 TBN ITEM #3 CONTINUANCE OF CIDP 2019-00001, DR 2019-00005, AND LLA 2019-00001 TRINITY BROADCASTING NETWORK TUSTIN E a l. IN __.- --------- 1' 11 41 Inter-Com DATE: DECEMBER 10, 2019 Hisroiir I -(VCOMMISSION BUILDINuOUR FUTURE TO: PLA Hamolt)NG OUR PAST FROM: B� H A. BINSACK, COMMUNITY DEVELOPMENT DIRECTOR C ,. SUBJECT: CONTINUANCE OF CONDITIONAL USE PERMIT 2019-00001, DESIGN REV#EW 2019-00005, AND LOT DINE ADJUSTMENT 2019-00001 — TRINITY BROADCASTING NETWORK On December 6, 2019, staff received the attached correspondence from Mr. Ben Flint, Associate General Counsel for Trinity Broadcasting Network, requesting several modifications to four (4) of the proposed conditions of approval for the subject project. One of the four (4) proposed conditions of approval (No. 2.4) is based on the proposed operational conditions contained in the September 16, 2019, Parking Study submitted by the applicant. For Trinity Broadcasting Network to modify their proposed operational conditions, a new parking study will need to be submitted and reviewed and approved by the City. The other three (3) proposed conditions of approval in question are standard conditions that should be required of the proposed project. Given the significance of the requested modifications and the time needed to address the matter, staff recommends that this item be continued to the January 28, 2020, Planning Commission meeting. Attachment: Email dated December 6, 2019 Reekstin, Scott From: Ben Flint <BFlint@tbn.ty> Sent: Friday, December 6, 2019 4:45 PM To: Reekstin, Scott Cc: Binsack, Elizabeth; Willkom,Justina; Doug Ely; Tom Aldrich;John Casoria Subject: TBN Agenda Item for 12-10-19 Planning Commission Meeting Attachments: PC Packet for December 10, 2019 (TBN Proposed PC Resolution only),pdf Caution This message was sent from outside your organization. Dear Scott, Tom Aldrich provided me with a copy of the link that you sent him for the Planning Commission meeting next Tuesday, December 10, 2019. Thank you for sending it to us. I have had an opportunity to review the materials and there are a few items in Exhibit F where I have concerns. Below, I am providing some suggested revisions that would be acceptable to TBN, and/or otherwise addressing TBN's concerns, I think you may have missed the last meeting where I addressed a few of them. Our architects may have some points to add, either to this email, or at the hearing. But, I wanted to get you my comments before Tuesday in hopes that we can come to an agreement before the Planning Commission meeting. I left as much of the City's proposed language as possible, and my additions/changes are in bold. I have a few meeting on Monday, but I should generally be available if you would like to discuss. AS DRAFTED 1.7 CUP 2019-00001 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 1 conditions of To. If the use is not operated in accordance CUP 2019-00001, or is found to be a nuisance or negative impacts are affecting the surrounding businesses or neighborhood, the Community Development Director shall impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the CUP. As drafted this condition is unreasonably burdensome on TBN, The prospect of facing continual unending review by an unknown person, without cause, is unduly burdensome; and, I would argue, not the best use of the City's l resources. While I appreciate Ms. Binsack's familiarity with this project and application, eventually MS. Binsack is going to retire, Then, we are left with the prospect of facing continual reviews by whoever replaces her. I understand a review of the CUP if there are complaints or verifiable issues, but, as drafted, we are left to the whims of whoever is the City's CDD, Alternative Proposal for 1.7 1.7 Upon receipt of a verifiable complaint by a surrounding business or resident,the Community Development Director shall review the use to ascertain compliance with conditions of approval. If the use Is not operated in accordance CUP 2019-00001, or is found to be a nuisance or negative impacts are affecting the surrounding businesses or neighborhood, after an opportunity to be heard and correct the nuisance or negative impact and the failure to so correct the issue, the Community Development Director shall impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the CUP. AS DRAFTED 1 2.4 The maximum number of live audience guests on the entire campus shall be limited to 160 invited guests at any one(1)time. Unless approved otherwise in advance by the Community Development Director, all live audience guests shall arrive by bus, and all loading and unloading of guests shall occur on-site. Unless approved otherwise by the Community Development Director, buses shall not park on-site during regular business hours of 8:00 o.m, to 6:00 p.m., Monday through Friday. Buses may park on-site during non-business hours when a live studio production Is taking place. Approval of any on-street parking shall be in association with temporary use permit events, which are limited to maximum of four(4)events per calendar year. TBN's Current CUP Regarding studio audiences, the current CUP reads, "That the scheduled audience assembly hours shall be 530 to 10,30 p.m. as requested and any extension of scheduled hours must be reviewed and approved by staff," The City's proposal for this condition severely limits TBN's use of its live audience studio, which directly impacts TBN's ministry. As you may know,TBN is a church and its primary mission is the propagation of the Gospel of Jesus Christ around the world, Just like many other churches,TBN accomplishes this mission with many different church activities throughout the United States and around the world; but, the primary manner has been the operation of traditional and non-traditional broadcasting based ministry. TBN has been found to be a "ministry of the air" by Courts, TBN's programming, which constitute its services, is recorded and utilized to support its primary church mission, The proposed limits severely impact TBN's ministry, TBN's current CUP places no where close to the restrictions that the proposed condition imposes. Further,TBN does not tape live studio audience programming on a daily basis or even on a weekly basis, While I understand the City's need and desire to regulate parking in the City,the requirement to bus all studio audience members to the property at all times makes no sense if there Is adequate parking provided. The fixed seating for the live studio audience is approximately 200 seats. The City is going to require TBN to have 270 parking spots, If a taping takes place after hours or on a weekend, if each person in the audience drove there would still be excess parking. Further, there is the possibility of entering into parking agreements with neighboring properties, In an effort to compromise and recognize the City's concern's TBN would be willing to a small limit on the number of guests during normal business hours. Alternative Proposal for 2.4 2.4 The maximum number of live studio audience guests on the entire campus shall be Hmited to 100 invited guests between the hours of 8:00 a.m, and 6:00 p.m. unless the applicant enters into a shared parking agreement with a neighboring property owner and provides a copy of this agreement to the City,or has additional audience members arrive by bus, with all loading and unloading of guests occurring on-site. After 6:00 p.m.the number of live studio audience guests shall be limited to Fire Marshall occupancy limits of the studio audience studio,which is 300 total persons. Unless approved otherwise by the Community Development Director, buses shall not park on-site during regular business hours of 8:00 a.m. to 6:00 p.m., Monday through Friday, Buses may park on-site during non-business hours when a live studio production is taking place. Approval of any on-street parking shall be in association with temporary use permit events, which i are limited to maximum of four(4) events per calendar year. AS DRAFTED i 5.7 Current Federal Americans with Disabilities Act(ADA)requirements shall be met at all driveway aprons and i sidewalk adjacent to the site. The applicant shall remove and replace all driveway aprons to meet the most current ADA i and the City's most current Standards, I a. Prior to issuance of TBN Master Planning Phasing Schedule Phase 1 Building Permit, applicant shall remove and replace driveway aprons for 14152 Chambers Road, 2442 Michelle Drive, 14101 Franklin Avenue and 14131 Franklin Avenue. The driveway apron on Michelle Drive shall be designed and constructed per the City's Public Works Standard No, 210(radius type driveway). z b. Prior to issuance of TBN Master Planning Phasing Phase 5 permit, applicant shall remove and replace driveway aprons for 14101 Chambers road, 14131 Chambers Road, and 14171 Chambers Road, The only property(ies) where grading site work/demolition of concrete/asphalt is the interior area of the 4 parcels that are proposed to be unified into one parcel. The driveway apron work on Michelle and Franklin will meet the normal 20%ADA upgrade requirement imposed on building upgrades. Therefore, we believe that the driveway apron requirement should be limited to those driveways. We believe that requiring driveway apron work on other driveways I Is an overreach and an unnecessary burden. Alternative Proposal for 5.7 5,7 Current Federal Americans with Disabilities Act(ADA) requirements shall be met at all driveway aprons and sidewalk adjacent to the site where grading site work takes place. The applicant shall remove and replace al(driveway aprons at those sites to meet the most current ADA and the City's most current Standards, including removing and replacing driveway aprons for 2442 Michelle Drive, 14101 Franklin Avenue, and 14131 Franklin Avenue. The driveway apron on Michelle Drive shall be designed and constructed per the City's Public Works Standard No. 210 (radius type driveway). A5 DRAFTED 5.11 The applicant shall design and reconstruct all trash enclosures with a solid roof and be able to accommodate at least two (2)4-yd, bins(with at least one(1) bin reserved for recyclable materials and space for organic waste receptacle i (such as food scrap)as part of the State required organics diversion program per the following TBN Master Planning Phasing schedule; a. Phase 1:Trash Enclosures for 14152 Chambers Road, 2442 Michelle Drive, 14101 Franklin Avenue, and 14131 Franklin Avenue. b. Phase 5,14101 Chambers Road, 14131 Chambers Road and 14171 Chambers Road, Alternative Proposal for 5.11 Eliminate this paragraph. We were not provided with the law you/others are supposedly relying on, so we surmise that it is the law requiring businesses to recycle their organic waste, depending on the amount of waste they generate per week, that went into effect on approximately April 1, 2016. This law applies to businesses that generate 4 cubic yards of commercial solid waste or organic waste per week. TBN definitely does not generate that amount of organic waste per week, and I do not believe it generates that amount of commercial solid waste. We believe that this is an overreach based on a law not applicable to TBN. Thank you for your time and consideration of the foregoing. We look forward to continuing our collaborative and cooperative relationship with the City and simply request that we not be saddled with unnecessary burdens, If you i would like to discuss any of the foregoing before Tuesday, please do not hesitate to contact me, My direct dial is 714- 665-2122, or I am always available by email. I Best regards, i Iden dint Associate General Counsel NETWORKS j Trinity Broadcasting Networks r 2442 Michelie Drive i Tustin, CA 92780 I 3 Email: BFlint@tbn,ty Tel: (71.4)832-2950 Web:www,tbn.org I I i i s i I s i I I I I 1 t I 4