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HomeMy WebLinkAbout39-Planning - C~TY Qp SAN BE"ltARD'W.o - REQUEST FOR ~OUNCIL ACTION Brad L. Kilger, Director of l?f.nning From: fC'O. _~O~ltl. . Subject: . R QQ Dept: Planning \9S9 .rR -6 r\\ 3= Dfte:Apri~ 17, 1989 Appeal of Amendment to Condition of Approval for Conditional Use Permit 87-75 ffi2 Synopsis of Previous Council ection: On June 17, 1988, Conditional Use Permit 87-75 to establish a church and day school was approved by the Planning Commission. A negative declaration was adopted. On January 24, 1989, Conditional Use Permit 87-75 was amended to allow phasing of construction and occupancy for the church. Recommended motion: That the hearing be closed and that the Mayor and Common Council deny the appeal and approve the amendment to Conditions for Conditional Use Permit 87-75 subject to the Findings and Fact and Conditions of Approval contained in the Statement of Official Planning Commission Action or That the hearing be closed and that the Mayor and Common Council uphold the appeal and deny phasing of Conditional Use Permit 87-75. Contact 'person: Brad L. Kilger Phone: 384-5057, 384-5025 Supporting data attached: Staff Report Ward: 4 FUNDING REQUIREMENTS: Amount: Nit- Source: (Acct. No.) " (Acct. DescriPtion) Finance: Council Notes: ~j . c. :;; CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL .. ACTION STAFF REPORT Subject: Appeal of Planning commission's Decision to Amend Condition No. 9 of Approval for Conditional Use Permit 87-75 to Allow Phasing of construction and Occupancy for New Life Fellowship, A Church and Day School. Mayor and council Meeting of April 17, 1989 REOUEST In a letter dated January 31, 1989, Dr. Wadsworth Murad, an t adjacent property owner, requests the Mayor and Common council.. to repeal the decision of the Planning Commission to amend conditions of approval and allow phasing of construction and occupancy of a churCh and a day school known as New Life Fellowship (See Attachment "A", Letter of Appeal). BACKGROUND The church is proposing to complete improvements in five (5) phases as follows: Phase I: Completion date March 6, 1989. Included in this phase was completion of safety improvements and exterior modifications to the building, and cleaning, slurry coating and striping the existing parking lot west of the building. Phase I capacity is 75 parking. spaces with seating for 300 people. Phase I also included removal of a temporary tent. Phase I was completed with the exception of the color coat on the stucco, and a certificate of Occupany was issued March 8, 1989. Phase 11,111, and IV: completion dates September 6, 1989, (Phases II and III) and February.1990 (Phase IV). All three phases are construction of a parking lot located in the city of Highland. Phase II includes a new access onto Palm Avenue to improve on-site circulation. Phase III will include completion of landscaping of the Phase I parking area. Phase IV includes access onto Orange Avenue which will alleviate traffic on Palm Avenue. c ,~. Seating capacity proportionately parking capacity inside the Church as each phase is increased. will be increased is completed and Phase V: Completion date not projected. Included in this phase is construction of a 2-story addition in San Bernardino at the existing site. The addition will house administrative offices and day care facilities and will not increase occupancy of the church (See Attachl!1ent "0", Phasing Plan which is a part of Planning Commission Staff Report January 24, 1989). The Planning Commission approval for phasing on January 24, 1989; was based on a desire to allow completion of the project in this City. Upon completion of building improvements and existing parking lot improvements, the temporary tent was removed, church services were moved inside the building and on site parking has been provided. The requested phasing of the approved parking lot in the City of Highland was scheduled for the Highland city Council meeting of March 14, 1989. The item was continued to April 11, 1989, at the request of New Life Fellowship. The purpose of the continuance was to allow the City of San Bernardino to take action on this appeal, which New Life believed was on the Mayor/Common Council Agenda of April 3, 1989. Dr. Murad is appealing the decision to . allow phasing for the following reasons: 1. An incorrect assumption that the city of Highland has not approved the parking lot in that jurisdiction. In fact, the parking lot has been approved by the city of Highland (July 8, 1988) with only the question of phasing remaining. 2. Phasing will allow use of side of the site for Phase II. a 21 foot driveway on the north 2-way traffic until completion of The driveway is 21 feet wide and San Bernardino Municipal Code requires 24 feet for a 2-way driveway. This driveway was only approved as a temporary measure. After complet- tion of Phase II, the driveway will become a one-way aisle for which the San Bernardino Municipal Code only requires 15 feet. "ic- , -.J '-' 3. New Life Fellowship does not own the driveway in its entirety. This question is a civil matter under current litigation . and does not involve the City of San Bernardino. 4. Use of the north driveway for 2-way traffic is a safety hazard. The driveway is not used for parking, and the 21 foot width is wide enough for entrance in case of an emergency. 5. Inadequate parking is available for service due to the use of the temporary tent. The tent has been removed. 6; Insufficient funds for Newlife Fellowship to complete improvements. New Life Fellowship has recently secured an improvement loan and diligently continues construction progress. 7. Disruption to the adjacent neighborhood by use of the temporary tent. .The tent has been removed. 8. Occupancy of the school in September 1988 was conditioned that improvements be complete by March 1, 1989, or that the temporary occupany would be revoked. This is the condition which the Planning Commission has amended and thereby permitted a phasing program and a later final completion date. Strict compliance with the original condition would require the church and school to close until the parking lot in Highland is complete. 9. Crosswalks, striping and school safety signs are not installed creating a safety problem. At the present time, it is our student is walking to school. the final phase. understanding, that only one These are to be installed in ,...- ........ ",,/ Recommended oDtions Available to the Mavor and Common Council That the hearing be closed and that the Mayor and Common Council deny the appeal and approve the amendment to Conditions for Conditional Use Permit 87-75 subject to the Findings of Fact and Conditions of Approval contained in the statement of Official Planning Commission Action (supports Planning Commission Action) . or That the hearing be closed and that the Mayor and Common Council uphold the appeal and deny phasing of Conditional Use Permit 87- 75 (supports appeal request). Prepared by: Sandra Paulsen, Senior Planner. for Brad L. Kilger, Director of Planning A Letter of Appeal to Mayor and Council B Statement of Official Plannig Commission Action C Planning Commission Staff Report, January 24, 1989 D Phasing Plan (originally Attachment "An. of Planning Commission Staff Report) Haden Architects letter Attachments: M&CCAGENDA:S.R.CUP87-75 , ...)rACHMENT " A" . ~ WADSWORTH H. MURAD. D.O. IifWSlCIAN . SUltGWON --- aoro IA" IAa'LIN' SAN .'ltNAItOlNO. CALW. -.ro Dear Mad.m Mayor; S:T\' j-'L. .~~_ . :~ :-.:::";.::,-. i;;;EHT S;:.!'i 1 ::~'\-:.' ~~I.J:-Y!. ::;\ ,_ "\~. -I ,....IJHON,; -.sa' Mayor Evilyn Wilcox City Hall City o~ San Bernardino,CA. 1"51, i ~ ~ f2 n \~i ~ lOOP t ; \ L.:! _, L,... .J I..f; ~I Lill ,J .- FE8 28 1989 1-3i-89 Tne City of San Bernardino Plannin9 Department conducted. public hearin9 on January 24, 1989 on Conditional, Use Permit .. .7-75. . At tnis meeting a decision w.s made to approve an ...~~~nt toth. oriljlinal CUP o~ June 1988. - . I wisn to formally .ppeal to you and the City Council for review on this matter and I request appeal o~ thi.decision based upon tne following f.cts; 1. Tne origin.l plan r.quired approval from tne City of Hignland prior to issu.nce o~ permits or issuanc. o~ occup.ncy certific.te. To tnis d.te .pprov.l by Hignl.nd nas not been given .nd tne City o~ Hignland ~orm.lly requested tnat tne City of S.n Bernardino del.y .pprov.l. of tne amended plan until .fter January 30,1989.Tnis requ.st w.s not obs.rved. 2. Tne amend.d plan c.lls for bi-directional us. o~ a driv....y on tne nortn sid. of tne prop.rty. Tne original plan called for ingress only due to poor visibility and traffic probl.ms that may r.sult from it being less tnan the 24 foot minimum requir.d by city standards. 3. Tne owners of tne building and property de not own the north driveway in it's entirety. 4. Tne north drive..ay would tnen become tne only access for emergency vehicles to the property. New Life is already using tne building .nd property for church services and school activities, thus creating a s.fety hazard. . ~. Witn continued use of tne Tent in the parking lot behind the building, no other parking is available for services or weekday school, as Fire safety standards do not allow for any venicles ..ith in 100 feet of the tent. 6. Ne.. Life claims insufficient funds at this tim~ to complete tne project as planned and thus requests this amendment .nd ext.nsion. However, it appears tnat money nas been spent on tne acquisition of new properties. .' ~ ~ ATTACHMENT "A" ~, WADSWORTH H. MURAD. 0.0. PH"SICIAN. .....0'" 0.,..,. "'- -," 1501" 'Asr eASEL".., '-' ....,I r,u~.-.., SAN HIfNAlfOl#llO. CA..'~ .,.,. Mayor Wilcox, continued -2- 7. By continued u~e o~ the Tent in the parking lot behind the building a ~igni~icant nuisanc. has been created and continu.~, to the surrounding neighborhOOd by the loud church s.rvices and pep rallies by the SChool in using the tent as an auditorium. 8. N.... Li~. requested and ..as given, early Occupancy in S.ptember 1988 ~or the school with the proviso that " The city of San Bernardino may disconnect power if the prOject was not completed by Marct'1 I, 1989." 9. Sa~.ty issues such as cross walks, stripping, school sa~.ty signs and lighting have been plac.d as laSt to be completed as per their plan, t'1owever school and ct'1urch ..ill continue bUSiness as usual. There are other areas in the plan tt'1at are also misleading, vague and not clearly delineated, and should require further explanation and revi.... I would thus respect~ully request that you care~ully review the entire plan and repeal the decision of the Planning Department on the amendment to this plan. RespectfUlly submitted: (' ~ ~Q~-P/ W.H.Murad,D.D. - ce: City o~ Higt'11and \ -~ - ATTACHMENT "B" r'." Ci~ ",.._1 of San Bernardino STATEMENT OF OFFICIAL PLANNING COMMISSION ACTION PROJECT Number: . Conditional Use Permit Improvements Phasinq No. 87-75 Applicant: Haden Architects for Church New Life Fellowship ACTION Meeting Date: January 24, 1989 x Approved Phasing of Improvements Subject to the Attached Conditions (Attachment A). CONDITIONS This project was approved subject to all original conditions, with the deletion of Condition #9, and the additional condi- tions contained in Attachment A. VOTE Ayes: Nays: Abstain: Absent: Cole, Corona, Lopez, Nierman, Stone Sharp None Brown, Lindseth I, hereby, certify that this Statement of accurately reflects the final determination Commission of the city of San Bernardino. Official Action of the Planning Director of Planning Brad L. Kilg Name and Title mkf PCAGENDA: PCACTIONA - ATTACHMENT A ATTACHMENT "B" . ! " CITY OF SAN BERNARDINO PLANNING DEPARTMENT CASE CUP No. R7-75. CONDITIONS AGENDA ITEM HEARING DATE 1/74 IRq PA 1. If Phase 1 is not complete by March 6, 1989, temporary. power and occupancy permits for the church and school will be revoked on March 7, 1989. 2. If Phase 2 is not complete by September 6, 1989, tempo- rary power and occupancy permits for the church and school will be revoked on September 7, 1989. 3. If the denied Permit dino. parking lot on the railroad by the City of Highland, the will be reconsidered by the city :dght-of-way is Conditional Use of San Bernar- 4. If phasing of the parking lot is denied by the City of Highland, church occupancy will be limited to 272 people until the parking lot in the City of Highland is com- pleted. 5. If the 68 parking spaces required in the first phase of this request are reduced in number, the seating capacity of the main assembly area of the church shall be reduced by four times (4x) the number of parking spaces lost. 6. The one-way drive aisle on the north side of the church shall maintain the required minimum 15 foot width. PCAGENDA:CUP8775C l CITY OF SAN. ,.j~qNARDINO ATTACHMENT "c" , - I ...jfJ10RANDUM To Planning Commission From Planning Department Subject Conditional Use Permit 87-75 Amendment to Conditions Date 1-24-89 Approved Agenda Item No. 4 Date Owner: New Life Fellowship 1020 E. Pacific San Bernardino, CA Applicant: Haden Architects 506 N. EUreka Redlands, CA 92374 BACKGROUND On June 7, 1988, Conditional Use Permit 87-75 to establish a church and day school at 1672 N. Palm, was approved by the Planning Commission subject to Findings of Fact, Conditions of Approval, and Standard Requirements. In September 1988, a 6 month occupancy permit was issued to allow opening of the school to coincide with the school year. Shortly after school opened, a temporary tent permit was issued. A tent was erected in the parking lot and the congregation commenced church services. Parking became a problem for the neighbors, and the City began to receive complaints. REOUEST The applicant now requests to amend Condition of Approval #9 to allow phasing of completion of project parking lot im- provements and building occupancy. This will allow the congregation to continue fund raising necessary to finance improvements. Condition 9 reads: "Prior to issuance of a Certificate of Occupancy for the church, school and addition, the parking lot in the City of Highland shall be completed." Details of the proposed phasing are outlined in a letter from .the architect (Attachment A). In summary, the proposal is for a 5-phase completion of the parking lot with building occupancy tied to the number of parking spaces available at each phase completion. (Phase Plan, Attachment B). ...r~>l;,.: . . .\,(... . ~!!~~.?," ':~:I',.,.-- ATTACHMENT "en ANALYSIS ~ ,,~ Phases 1 and 5 are the only phases in San Bernardino. Phases . 2, 3 and 4 are various areas of parking located on the Railroad Right-of-Way in the city of Highland. Phase I, scheduled for completion early March 1989 includes completion of . remodeling of the existing building for church uses, removal of a tent that has been used for church services, resealing and striping the parking lot to accommodate 68 parking stalls and the playground area for the dayschool. Completion of Phase I should alleviate most of the neighbor- hood issues. Based on San Bernardino Municipal Code parking requirements, 272 fixed seats in the assembly area will be allowed with 68 parking places. Seating in the nave will be limited by non- movable barriers. Phase I access to the parking will neces- sitate the use of the northern driveway of the project as a 2-way driveway. The second driveway on the s~uth side of the building will be completed with Phase II in June 1989. To insure the completion of Phase I and Phase II in the time frames indicated for Phase I and II, the following conditions are included in the recommended Conditions of Approval. If Phase I is not completed on March 6, 1989, the power and temporary occupancy permits of the school and church will be revoked on March 7, 1989. If Phase II is not completed by June 5, 1989, the power and temporary occupancy permits of the school and the church will be revoked on June 6, 1989. Since phasing construction of the Parking lot is dependent upon approval from the city of Highland, an additional condition addressing a possible denial from that City is included. That condition requires reconsideration of the Conditional Use Permit, if the parking lot is denied. In addition, if phasing of the parking lot construction is denied by the City of Highland, the church and school occu- pancy will be limited to a maximum of 272 persons, until the parking lot in the city of Highland is completed. Phases 3 and 4 involve no new construction of the project. The church nave will be expanded to allow additional seating as parking lot phases are completed. At the completion of Phase 4 in February, 1990, the parking lot will be finished along with required walls and landscaping. Phase 5 will include construction of a 2-story the facility. This will occur only after each of phases are complete. addi tion to the first 4 CONCLUSION A Conditional Use Permit remains valid as long as work is commenced prior to expiration of approvals and the work is pursued diligently to completion. The request for phasing is to allow occupancy of the church and school during completion of parking facilities. Use of the church will allow fund raising efforts to finance improvements to eontinue. Condi~ tions are included to insure timely completion of Phases. C It is recommended the Planning Commission amend Conditions ~f Approval for Conditional Use Permit 87-75 by deleting condi- tion number 9, subject to all other previous conditions of approval and new conditions,which are attached (Attachment C) . ~ RECOMMENDATION "',~ ~~~~ sa~~ Paulsen Senior Planner Attachment A - Application Letter Attachment B - Phasing Plan Attachment C - Conditions of Approval Attachment D- Location Map MISC:CUP8775AMENDCON ATTACHMENT "C" - - ATTAt:H~NT nOn /"c..l!.ttachment ...... Haden Architects, A.I.A. ItAIt December 20, 1988 506 NORTH EUREKA STmT RBDlANDS.CAlF.92374 714.79'.2327 Sandra Paulsen CITY OF SAN BERNARDINO PLANNING DEPARTMENT 300 North "0" Street San Bernardino, Ca 92418 . Re: CUP #87-75, NEW LIFE FELLOWSHIP CHURCH AND SCHOOL REQUEST FOR AMENDMENT TO CONDITIONS Sandra, In June of 1988, Conditional Use Permit #87-75 was approved for the New Life Fellowship Church and School at 1672 Palm Avenue, High- land,CA. The church is currently operating a parochial school in the basement of the building and holding worship services in a tent, situ- ated in the parking lot at the site. Both of these uses are contin- gent on temporary occupancy permits. Progress toward completion of the project is proceeding, however the church is building on a pay as you go basis, and with limited re- sources, construction is steady, but gradual. There has been significant concern on the part of the neighbors adjacent to our site with regard to traffic control, noise and light- ing. To date, there have been two special meetings with the neigh- bors, church representatives, Highland and City of San Bernardino representatives to try and resolve these concerns. At the December 1, 1988, meeting it was suggested that the church formulate a phased approach to the construction which would speed up occupancy of the building and remove the need for the use of a tent to hold worship services. It is felt that if the church could move its worship activities into the building, many of the neighborhood com- plaints would be resolved. Attached is a phased constr~ction proposal which suggests modifi- cations to the CUP in order to facilitate occupancy of the church as soon as possible. ,....-. "--' ",,...: CITY OF SAN BERNARDINO, PLANNING DEPARTMENT Re: CUP #87-75, NEW LIFE FELLOWSHIP CHURCH AND SCHOOL REQUEST FOR AMENDMENT TO CONDITIONS December 20, 1988 Page 2 of 2 ATTACHMENT "0" Please review these proposed changes and present them to the Planning commission for action. If you have any questions or sugges- tions please call. Thank.you. Sincerely, RJH:s ee: Steve Walker, City of Highland Enel. A.LA. ATTACHMENT "D" ,r"-", V NEW LIFE FELLOWSHIP CHURCH AND SCHOOL 1672 PALM AVENUE. HIGHLAND. CA CUP #87-75 PROPOSED PHASED CONSTRUCTION SCHEDULE PHASE I: A. Complete City punch list items on the building to bring the nave up to safe occupancy conditions. See attached list. B. Clean, slurry coat, and stripe the existing parking area to the west of the building. C. Complete modifications to existing structure exterior elevations in accordance with the approved plans. D. Complete interior modifications to the existing structure in accordance with approved plans. PHASE I - TIMELINE: Work is currently underway and could be completed by 6 March 1989. PHASE I - IMPLEMENTATION: As soon as the City's building inspectors are satisfied that the building meets all safety and occupancy requirements, the tent cover which is currently being used for church services would be dismantled and removed. Church services would move into the nave, and seating capacity would be restricted to the allowable number of fixed seats. There are 68 existing parking stalls available on the site. Based on the City's parking requirements, occupancy for church services would be limited to a maximum of 272 at anyone worship service. Page 1 of 5 ATTACHMENT on ~ ,/ PHASE II: A. Remove block wall adjacent to the south-west corner of the building in accordance with the approved site plan to increase parking and improve parking lot circulation. B. Install new parking lot, and south property-line wall in accordance with approved plans, from Palm Ave. westward approximately 250' along the abandoned railroad easement. Install a fence at the western boundary of the improvements. C. Complete Installation of landscaping and irrigation at Palm Ave. and at the new parking lot adjacent to the building, in accordance with the approved landscape plans. o. Complete mechanical equipment enclosure at the south side of the building. E. Install a temporary swale to accommodate the drainage generated by the phase II parking area. PHASE II - TIMELINE: Begin work on this phase 6 March 89, complete phase II construction 5 June 89. PHASE II - IMPLEMENTATION: Completing the parking lot south of the building will afford improved on-site circulation and will alleviate traffic congestion on Palm Ave. This will create a one-way entrance at the north of the site and one- way exit at the south side of the site. Parking will be increased by 21 stalls, allowing an additional 84 seats for a total occupancy of 356. Page 2 of 5 j ATTACHMENT "D" '" '-' -,...." PHASE III: A. Remove the remainder of the existing block wall at the southerly property-line separating City of San Bernardino and City of Highland to the western limits of the existing site. B. Install the new parking lot south of the existing site westward an additional 240' to bring the new parking lot to the western boundary of the existing site. C. Install all site improvements to include parking lot islands, paving, light standards, and perimeter 6' solid wall along the southern boundary complete in accordance with the approved plans. D. Install landscaping and irrigation in the new parking lot complete and in accordance with the approved plans. E. Install a fence at the western boundary of the new parking lot. F. Maintain temporary swale to accommodate drainage generated by the phase III parking area. PHASE III - TIMELINE: Begin work 5 June 89, complete phase III construction 4 September 89. PHASE III - IMPLEMENTATION: This phase of the construction will add an additional 36 parking stalls. The Building occupancy will be 500. Church seating will be restricted to the allowable number of seats. Page 3 of 5 ATTACHMENT "0" c PHASE IV: A. Complete the installation of the parking lot to Orange st. at the west side of the property, in accordance with the plans. B. Construct the perimeter 6' property-line wall in accordance with the plans. C. Install all landscaping and irrigation at the new parking lot in accordance with the plans. D. Remove the temporary fence, opening up the complete site for parking and circulation access and completing t~e site improvements as originally designed and providing site egress to the west. PHASE IV - TIMELINE: Begin work 4 September 89, complete phase IV improvements 26 February 90. PHASE IV - IMPLEMENTATION: Upon completion of the parking lot improvements full capacity of 205 vehicles will be achieved, allowing a total building occupancy of 815 fixed seats at anyone church service. site circulation and access will be completed as designed. Property boundary walls will be completed providing a new separation fence at each property owners boundary. Page 4 of 5 ATTACHMENT "0" .......... - .....,' PHASE V: A., Complete the two-story addition at the west side of the building in accordance with the plans. PHASE V - TIMELINE: Buildinqpermits for the construction of this addition have not been finalized as yet, and a definite timeline for implementation of this phase is to be determined. The actual timeline would, to a large ' extent, be subject to the successful completion of the preceding phases of the project. The owner wants to begin work on this addition as soon as possible, and expects the course of construction to be approximately six months. REQUESTS FOR AMENDMENTS TO CUP #87-75 In response to the city of San Bernardino Planning Department's Conditions of Approval, all conditions and standard requirements stipulated in our final approval agreement are acknowledged and accepted with the exception of the following conditions: CONDITION ITEM NUMBERS - WITH REQUESTED AMENDMENTS: 9. "Prior to issuance of a certificate of occupancy for the church, school'and addition, the parking lot in the city of Highland shall be completed." Relief from this item is being requested. intention of the plan is not changing, but completion is the subject of this request. construction/occupancy proposal attached. The scale and the schedule of See the phased Page 5 of 5 ATTACHMENT "0" .:)Attachment "C" ""'" CONDITIONS 1. If Phase 1 is not complete by March 6, 1989, temporary power and occupancy permits for the church and school will be revoked on March 7, 1989. 2. If Phase 2 is not complete by June 6, 1989, te~porary power and occupancy permits for the church and school will be revoked on June 7, 1989. 3. If the parking lot on the railroad Right-of-Way is denied by the City of Highland, the CUP will be recon- sidered by the City of San Bernardino. 4. If phasing of the parking Highland, church occupancy until the parking lot in pleted. lot is denied by the City of will be limited to 272 people the city of Hfghland is com- MISC:ATTC % (,). a: '.2 oC u ~' t ;P ; !, o ,J'P ~ ~= !* oC'- A. ~. 5 ::iP ~ Z 'Attachment "B" - . -- -...-.-- -----. ATTACHMENT. "0" ", ,- ,.,. -.ntaI"'" w_ , --- ----------~....,...--.;.......--=---1 . ,..----- , I I I I I I I 'I I I I 'I I I I. 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