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HomeMy WebLinkAboutPC RES 4172RESOLUTION NO. 4172 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 2011-03 TO EXTEND THE USE OF A 2,490 SQUARE FOOT MODULAR CLASSROOM BUILDING FOR FOUR (4) YEARS AT THE CHURCH LOCATED AT 1301 SYCAMORE AVENUE The Planning Commission of the City of Tustin does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That a proper application for Conditional Use Permit 2011-03 was filed by St. Cecilia Church requesting to extend the use a 2,490 square foot modular classroom building for an additional (4) years or until April 26, 2015 at St. Cecilia Church located at 1301 Sycamore Avenue. B. The proposed project is consistent with the policies of the General Plan "Public/Institutional" designation which allows schools and churches. In addition, the project has been reviewed for consistency with the Air Quality Sub-element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub-element. C. That a public hearing was duly called, noticed, and held for said application on April 26, 2011, by the Planning Commission. D. That the modular classroom building would be temporary and the applicant would be required to post a bond to ensure removal by April 26, 2015. E. The modular classroom building originally intended to be used temporarily has remained in its location for the past seventeen (17) years and use as a permanent building resulting in unintended impacts to overall parking/traffic demand. No specific parking/traffic analysis was conducted and impacts have not been mitigated due to the nature of its original intent to use the structure for temporary measure. F. On December 13, 1993, the Planning Commission adopted Resolution No. 3211 approving CUP 93-031 for the temporary placement and use of a 2,490 square foot modular classroom building on the property until December 13, 2000. G. On January 10, 2005, the Planning Commission adopted Resolution No. 3935 approving CUP 04-011 and DR 04-009 for the construction of a one- story, 5,950 square foot, free-standing office and meeting room and, as part of the approval, allowed the existing modular classroom building that was scheduled for removal to remain until January 10, 2007. Resolution No. 4172 Page 2 H. On May 23, 2005, the Planning Commission adopted Resolution No. 3971 modifying Condition 1.9 of Resolution No. 3935 to extend the use of the existing modular classroom building in conjunction with the new office and meeting room building until March 1, 2012. Permits for the proposed 5,950 square foot building were never applied for or issued and the entitlements for CUP 04-011 and DR 04-009 became null and void after twelve (12) months along with the extension for the use of the modular classroom building. I. The easterly driveway along Sycamore Avenue which is used to access the facility is in a state of disrepair and will need to be removed and replaced by the applicant prior to August 1, 2011. This improvement was required in 2004 and has not been installed. J. This project is Categorically Exempt pursuant to Section 15303, Class 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act II. The Planning Commission hereby approves Conditional Use Permit 2011-03 to allow a four (4) year extension for the use of an existing modular classroom building located at 1301 Sycamore Avenue, subject to conditions contained in Exhibit A attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission held on the 26th day of April, 2011. ELIZABETH A. BINSACK Planning Commission Secretary J ~ ~f~. TH PSON C airperson Resolution No. 4172 Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 4172 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 26h day of April, 2011. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A RESOLUTION NO. 4172 CONDITIONAL USE PERMIT 2011-03 CONDITIONS OF APPROVAL GENERAL (***) 1.1 The 2,490 square foot modular building is temporarily allowed for a period not to extend past April 26, 2015, and shall be removed from the property by the expiration date. Upon removal, the area shall be landscaped, unless an alternative treatment is approved in writing by the Director of Community Development. Any future requests to extend the duration of use for the modular building shall require Planning Commission review. (1) 1.2 All conditions in this Exhibit shall be complied with including the following deadlines subject to review and approval by the Community Development Department: • Condition 1.11: By April 28, 2011 (within 48 hours of approval of the project), a cashier check be submitted to the Community Development Department. • Condition 1.10: By May 26, 2011 (within 30 days of project approval), a surety bond or any other means acceptable to the Community Development Director and City Attorney shall be submitted to ensure the removal of the temporary modular building at the expiration date. • Condition 1.8: By August 1, 2011, removal and replacement of existing easterly driveway along Sycamore must be completed. Failure to comply with these deadlines will automatically render the approval of CUP 2011-03 to be null and void. (1) 1.3 Approval of Conditional Use Permit 2011-03 is contingent upon the applicant and property owner signing and returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the property owner signing and recording with the County Clerk- Recorder a notarized "Notice of Discretionary Permit Approval and Conditions of Approval" form. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. 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. 4172 CUP 2011-03 Page 2 (1) 1.4 As a condition of approval of Conditional Use Permit 2011-03, the applicant shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision-making body, including staff, concerning this project. The City agrees to promptly notify the applicant of any such claim or action filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in defense of any such action under this condition. (1) 1.5 Any violation of any of the conditions imposed is subject to the issuance of an administrative citation pursuant to Section 1162(a) of the Tustin City Code. Approval of CUP 2011-03 shall serve as apre-citation notice pursuant to section 1162e of the Tustin City Code. (***) 1.6 The property owner shall submit written authorization to allow the Building Official and representatives of the Orange County Fire Authority to perform annual inspections if necessary of the modular building. The applicant shall pay costs associated with said inspections. 1 1.7 The a licant shall () pp ' provide written approval from the Orange County Sanitation District (OCSD) to extend/make permanent use of the modular classroom. The applicant shall pay any applicable sewer fees. (1) 1.8 Current Federal Americans with Disabilities Act (ADA) requirements shall be met at all driveways and sidewalks adjacent to the site. City of Tustin standards shall apply. The applicant shall remove and replace existing easterly driveway along Sycamore Avenue which is in a state of disrepair prior to August 1, 2011. (1) 1.9 Prior to any work in the public right-of-way, an Encroachment Permit shall be obtained from and applicable fees paid to the Public Works Department. (***) 1.10 Within thirty (30) days of project approval, the applicant shall post a surety bond or any other means acceptable to the Community Development Director and City Attorney in an amount to be determined by the Community Development Director along with an agreement allowing the City to order the removal of the modular classroom building at its expiration (April 26, 2015). (2) 1.11 Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of fifty Exhibit A -Resolution No. 4172 CUP 2011-03 Page 3 dollars ($50.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period that applicant has not delivered to the Community Development Department the above-noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened.