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.