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HomeMy WebLinkAboutPC RES 348510 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 3485 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 96-031 AND DESIGN REVIEW 96-043, AUTHORIZING THE INSTALLATION OF A 1,420 SQUARE-FOOT PREFABRICATED MODULAR BUILDING FOR CLASSROOM PURPOSES AT AN EXISTING PAROCHIAL SCHOOL LOCATED AT 13200 RED HILL AVENUE. The Planning Commission does hereby resolve as follows: I . The Planning Commission finds and determines as follows: ae That a proper application for Conditional Use Permit 96-031 and Design Review 96-043 was filed by All Cities Permit Services to request the installation and use of a 1,420 square foot prefabricated modular classroom building at an existing private elementary school. The school, part of the 4.62-acre Red Hill Lutheran Church complex, is located at 13200 Red Hill Avenue. B · That the proposed use is allowed within the P & I, Public and Institutional Zoning District, with the approval of a Conditional Use Permit. C · That a public hearing was duly called, noticed and held on said application on October 28, 1996 by the Planning Commission. D . That establishment, maintenance, and operation of a prefabricated modular classroom building on the subject property 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, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin, as evidenced by the following findings: i o The installation of. the proposed prefabricated modular building would provide the school with improved classroom facilities. o The structure will not be visible to the public right-of-way. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 3485 Page 2 . The structure and associated use and will be buffered from the adjacent residences by means of setbacks and existing landscape screening. · There is adequate space and sufficient parking, available on site to accommodate the proposed use. o Pursuant to Section 9272 of the Tustin Municipal Code, the Commission finds that the location, size, architectural features and general appearance of Design Review 96-043, will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole. In making such findings, the Commission has considered at least the following items: 1. Height, bulk and area of buildings. 2. Setbacks and site planning. . Landscaping, parking area design and traffic circulation. 4. Location, height and standards of exterior illumination. 5. Location and method of refuse storage· · Physical relationship of proposed improvements to existing structures in the neighborhood. , Appearance and design relationship of proposed improvements to existing structures and possible future structures in the neighborhood and public thoroughfares. · Development Guidelines and criteria as adopted by the City Council. F · This project is categorically exempt (Class 11) pursuant to Section 15311 of the California Environmental Quality Act. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 3485 Page 3 G o That '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. II. The Planning Commission hereby approves Conditional Use Permit No. 96~031 and Design Review 96-043 to authorize the installation of a 1,420 square-foot prefabricated modular building for classroom purposes at an existing parochial school located at 13200.Red Hill Avenue, subject to the Conditions contained in Exhibit A, attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 28th day of October, 1996. Recording Secretary LOU BONE Chairman STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, BARBARA REYES, the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3485 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 28th day of October, 1996. · Recording Secretary GENERAL EXHIBIT A CONDITIONAL USE PERMIT 96-031 AND DESIGN REVIEW 96-043 CONDITIONS OF APPROVAL RESOLUTION NO. 3485 (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped October 28, 1996, on file with the Community Development Department, except as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Director of Community Development may also approve minor modifications to plans during plan check if such modifications are to be consistent with the provisions of the Tustin City Code. (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with prior to the issuance of any building permits for the project, subject to review and approval by the Community Development Department. (1) 1.3 The subject project approval shall become null and void unless permits for the proposed project are issued within eighteen (18) months of the date of this Exhibit and substantial construction is underway. Time extensions may be granted if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.4 Approval of Conditional Use Permit 96-031 and Design Review 96-043 is contingent upon the applicant and property owner signing and returning an "Agreement to Conditions Imposed" form as established by the Director of Community Development. *** 1.5 Within six (6) months following occupancy of the structure and use, Italian Cypress trees shall be installed along the northern boundary of the parking lot, as shown on the approved Site Plan, to satisfy 'the requirements of Conditional Use Permit 93-018..Occupancy of the structure shall not be vested until the trees and associated irrigation, service have been installed to the approval of the City. (1) 1.6 The applicant shall hold and defend the City of Tustin 0 harmless for all claims and liabilities arising out of City's approval of the entitlement process for this project. SOURCE CODES (1) STANDARD'CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODE/S (4) DESIGN REVIEW *** EXCEPTIONS (5) RESPONSIBLE AGENCY REQUIREMENTS (6) LANDSCAPING GUIDELINES (7) PC/CC POLICY Exhibit A Resolution No. 3485 Page 2 PLAN SUBMITTAL (1) 2.1 At building plan check, provide three (3) complete sets of architectural, electrical and mechanical plans with the necessary structural calculations, specifications and details complying with the Uniform Building Code, other related Codes, City Ordinances and state and federal laws and regulations. (3) 2.2 Submit wet-signed and stamped engineering specifications for the foundation or support system, including wind/seismic analysis. (3) 2.3 Handicap ramps, handrails and guardrails shall comply with California Building code requirements. (3) 2.4 Fire alarm/smoke detection system is required per Uniform Fire Code and Uniform Building Code. (6) 2.5 The submitted landscape and irrigation plans at Plan Check shall be in substantial conformance with the conceptual, landscape plans and shall reflect the following requirements, either incorporated into the design and/or construction or included as notes: a . Ail plant materials shall be installed in a healthy, vigorous condition typical to the species and must be maintained in a neat and healthy condition. Maintenance includes, but is not limited to, trimming, mowing, weeding, removal of litter, fertilizing, regular watering, and replacement of diseased or dead plants. b , Six (6) inch raised concrete curbs shall be placed on-site adjacent to all landscape planting areas. NOISE (1) 3.1 All'construction operations, including engine warm up, deliveries of materials and equipment, shall be subject to the provisions of the City of Tustin Noise Ordinance as amended, and may take place only during the hours of 7:00 a.m. until 6:00 p.m., Monday through Friday, and 9:00 a.m. to 5:00 p.m. on Saturday, unless the Building Official determines that said activity will be in substantial conformance with the Noise Ordinance and the public health and safety will not be impaired, subject.to application being made at the time the permit for the work is awarded or during progress of.the work. No Sunday or holiday construction shall be permitted. Exhibit A Resolution No. 3485 Page 3 FIRE AUTHORITY (5) 4.1 Show existing fire hydrants on the site plan for plan check submittal. FEES (1) 5.1 Prior to issuance of any building permits, payment shall (5) be made of all applicable fees, including but not limited to building plan check and permit fees to the Community Development Department based on the most current schedule. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. (1) 5.2 Within forty-eight (48) hours of approval of the subject (5) project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of $38.00 (thirty-eight dollars) 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.