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HomeMy WebLinkAboutPC RES 29011 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2901 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA APPROVING CONDITIONAL USE PERMIT 91-02 AND DESIGN REVIEW 90-23 OF PHASE I TO AUTHORIZE CONSTRUCTION OF A TEMPLE AND EDUCATIONAL FACILITIES AT 2111 BRYAN AVENUE. The Planning Commission of the City of Tustin does hereby resolve as follows: I · The Planning Commission finds and determines as follows: A· That proper applications, Conditional Use Permit 91-02 and Design Review 90-23, were filed on behalf of Congregation B'nai Israel, requesting approval to construct a temple and educational facilities at 2111 Bryan Avenue. Be That a public hearing was duly called, noticed and held on said applications on May 13, 1991. Co The use applied for is a conditionally permitted use in the East Tustin Specific Plan as determined by the Community Development Department. De That the establishment, maintenance, and operation of the use applied for 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 a detriment to the property and improvements in the neighborhood of the subject property, nor to the general welfare of the City of Tustin as evidenced by the following findings: . · The land use applied for is consistent with the City's General Plan and Tustin City Code. Traffic on Bryan Avenue will not be inhibited by automobiles accessing the site by a left hand turn, as no median cut for left turn movements shall be made available on Bryan Avenue. Adequate access shall be available from Bryan Avenue for right turn in and right turn out movements and unrestricted access 1 2 3 4 5 6 1 8 9 10 11 12 13 14 ~ 5 17 18 19 20 21 23 24 25 26 27 28 Resolution No. 2901 Page 2 Fe shall be provided to the site on Parkcenter Lane in accordance with the Tustin Public Works Department requirements. · The proposed use will be adequately buffered from adjacent land uses in that a minimum amount of 15-gallon size trees, 24 box trees and 5-gallon shrubs are required for the project in accordance to the City's landscape requirements. · A minimum of 108 on-site parking spaces shall be provided to allow for adequate on-site parking during the peak parking demand. No activities shall be scheduled simultaneously that would require more than the minimum number of parking spaces required for Phase I or Phase II of the project in accordance with the City's parking standards. · Proposed outdoor playgrounds are oriented towards the south portion of the project and will be buffered from surrounding uses in Phase II construction. · The use of materials and design is compatible with the design of surrounding structures. The architectural style of the temple and educational facility is a contemporary adoption of the Monterey style as is the style of surrounding residences. The red, clay tile roof has a similar pitch to adjacent residential structures. The use of stucco and wood is compatible ~o the use of materials in the surrounding neighborhoods. This project is covered by a previous EIR (85- 2) for the East Tustin Specific Plan. Pursuant to Section 9272 of the Tustin Municipal Code, the Commission finds that the location, size, architectural features and general appearance of the proposed development will not impair the orderly and harmonious development of the area, the present or future development therein, the occupancy as a whole. 1 2 3 4 5 6 t 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 2901 Page 3 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. 3. Exterior materials and colors. 4. Type and pitch of roofs. · Size and spacing of windows, doors and other openings. · Towers, chimneys, roof structures, flagpoles, radio and television antennae. · Landscaping, parking area design and traffic circulation. 8. Location, height and standards of exterior illumination. · Location and appearance of equipment located outside of an enclosed structure. 10. Location and method of refuse storage. 11. Physical relationship of proposed structures to existing structures in the neighborhood. 12. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. 13. Proposed signing. 14. Development Guidelines and criteria as adopted by the City Council. II. The Planning Commission approves Conditional Use Permit 91-02 and Design Review 90-23 of Phase I authorizing construction of a temple and educational facility subject to conditions attached hereto as Exhibit A and incorporated herein by reference. 1 3 4 5 6 8 9 10 11 12 13 14 15 17 18 19 2O 21 Resolution No. 2901 Page 4 PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 13th day of May, 1991. Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, KATHLEEN CLANCY, the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 2901 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 13th day of May, 1991. 22 23 24 25 27 28 KATHLEEN CLANCY Recording Secretary EXHIBIT A CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 91-02 DESIGN REVIEW 90-23 {1) (~.) (1) GENERAL 1.1 The proposed project shall substantially conform with the submitted site plans for the project date stamped May 13, 1991 on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development Department in accordance with this exhibit. 1.2 1.3 Unless otherwise specified, all 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. (4) 1.4 For Phase I development, Design Review and Conditional Use Permit approval shall become null and void unless all necessary building permits for Phase I are issued within eighteen (18) months of the date on this exhibit and substantial construction is underway. Time extensions may be granted by the Community Development Department up to six (6) months if a written request is received by the Community Development Department within thirty (30) days prior to expiration. Longer extensions shall require Planning Commission approval. Conditional Use Permit approval for Phase II development shall become null and void unless all necessary building permits for Phase II are issued within seven (7) years of the date on this exhibit and substantial construction is underway. Time extensions may be granted by the Community Development Department up to six (6) months if a written request is received by the Community Development Department within thirty (30) days prior to expiration. Longer extensions shall require Planning Commission approval. Phase II development will require separate design review by the Community Development Department and the Planning Commission. SOURCE CODES ( 1 ) STANDARD CONDITION ( 4 ) (2) UNIFORM BUILDING CODE/S (5) (3) DESIGN REVIEW (6) *** EXCEPTION (7) RESPONSIBLE AGENCY REQUIREMENT LANDSCAPING GUIDELINES PC/CC POLICY TUSTIN CITY CODE Exhibit A - Conditions of Approval CUP 91-02 & DR 90-23 Page 2 (1) 1.5 The applicants and property owners shall sign and return an Agreement to Conditions Imposed form prior to the issuance of any building permits and or business license. USE RESTRICTIONS (7) 2.1 A Bingo operation requires a separate permit from the Business License Division and compliance with all City of Tustin requirements. Limitations on the number of persons attending this event will be based in part on availability of parking (one parking space per three seats). Hours of operation shall be concluded by 10:00 p.m. (4) 2.2 Hours of operation of the preschool shall be between 8:30 a.m. and 3:30 p.m. The preschool shall not be operated simultaneously with social hall usage for congregation functions. (4) 2.3 No more than sixty-four (64) children shall be in attendance in the preschool facilities at one time, based upon the State Department of Social Services standards for minimum indoor and outdoor space. (4) 2.4 Phase I classroom space shall not be occupied simultaneously with social hall use. (4) 2.5 No activities shall be scheduled simultaneous that would require more than the minimum number of parking spaces required for Phase I or Phase II of the project. (4) 2.6 If Phase II construction has not been undertaken within the seven (7) years projected by the applicant in the Project Overview, a permanent elevation shall be constructed on the north side, subject to the City's Design Review process and Planning Commission approval. (4) 2.7 If Phase II construction has not been undertaken within the seven (7) years projected by the applicant in the Project Overview, the applicant shall install interior landscaping trees along the permanent north elevation, as required by the current City landscaping development standards. (4) 2.8 Underdeveloped portions of Phase II shall be kept maintained and relatively free of high growing weeds. Exhibit A - Conditions of Approval CUP 91-02 & DR 90-23 Page 3 PLAN SUBMITTAL (1) 3.1 At building plan check for Phase I, submit three sets of (3) construction level plans as follows: A. Construction and grading plans, structural calculations for structures. Ail plans and calculations shall have wet signature of a licensed engineer, and shall meet the requirements of the Uniform Building Code and Uniform Fire Code. Bo A grading plan with specifications consistent with the City of Tustin Grading Manual and ordinance and prepared by a California Civil Engineer will be required. Said plan shall be consistent with the site plan and identify a dust control plan. C, Provide preliminary technical detail and plans for all utility installations. Additionally, a note shall be place on plans stating that no field changes shall be made without said changes first requiring review and approved by the Community Development Department. De A precise soil engineering report provided by a soils engineer within the previous twelve (12) months from the date of plan check submittal. NOISE (1) 4.1 Ail construction operations including engine warm up (2) shall be subject to the provisions of the City of Tustin Noise Ordinance and shall take place only during the hours of 7:00 a.m. until 6:00 p.m., Monday through Friday or other times that the Building Official determines 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. (1) 4.2 Ail requirements of the City's Noise Ordinance (Chapter 6 of the Municipal Code) shall be met at all times which in part requires noise levels not to exceed 55 dBa at any time. Exhibit A - Conditions of Approval CUP 91-02 & DR 90-23 Page 4 BUILDING/SITE (4) 5.1 Ail necessary permits for construction adjacent to the flood control channel must be obtained from the Orange County Environmental AgeDcy prior to building permit issuance. (3) 5.2 Provide exact exterior door details, window types and treatments (i.e., framing color, glass tint). (1) 5.3 Ail exterior colors to be used shall be subject to review (4) and approval of the Director of Community Development Department. All exterior treatments must be coordinated with regard to color, materials and detailing and noted on submitted construction plans and elevations shall indicate all colors and materials used. (3) 5.4 Indicate lighting scheme for the project. Note locations of all exterior lights and types of fixtures, lights to be installed on the building shall be of a decorative design. No lights shall be permitted which may create any glare or have a negative impact on adjoining properties. The location and types of lighting shall be subject to the approval of the Director of Community Development. (3) 5.5 A detailed sign program for the proposal shall be submitted for plan check which shall include the location of monument sign and directory signs which identify services and activities. The program and any proposed sign shall comply in all respects to the East Tustin Specific Plan and Tustin Sign Code as applicable. (1) 5.6 Note on final plans that a six-foot-high chain link fence shall be installed around the site prior to building construction stages. Gated entrances shall be permitted along the perimeter of the site for construction vehicles. (1) 5.7 Ail mechanical and electrical fixtures and equipment shall be adequately and decoratively screened. A cross section of the mechanical and electrical fixtures and equipment on the roof shall be provided at plan check. The screen shall be considered as an element of the overall design of the project and shall blend with the architectural design of the buildings. All telephone and electrical boxes shall be indicated on the building plans and shall be completely screened. Electrical Exhibit A - Conditions of Approval CUP 91-02 & DR 90-23 Page 5 transformers shall be located toward the interior of the project maintaining a sufficient distances from frontage of the project. (1) 5.8 Exterior elevations of the buildings shall indicate any fixtures of equipment to be located on the roof of the building, equipment heights and type of screening. All parapets shall be at least six inches above rooftop equipment for purposes of screening. (1) 5.9 Adequate size trash enclosures with a solid metal, self closing, self latching gates shall be provided. Said enclosures shall be screened by a decorative wall of a minimum height of six feet and if required, a dense type of landscaping. The actual location of said enclosures and types of screening shall be subject to approval by the Director of Community Development. (4) 5.10 Transformers should not be visible from Bryan. Selective berming and placement to reduce any visual impacts shall be utilized. (1) 5.11 The minimum parking stall size is 9' x 20' (can be 9' x 17.5' if a 2.5 foot overhang is provided). Any overhang must still provide clear dimension for tree planting. All parking is subject to the requirements of the City's Parking and Landscaping Development Standards. (1) 5.12 The building shall be accessible and usable by the handicapped in compliance with Title 24. A total of four handicapped stalls are required in phase 1. (1) 5.13 The entire building shall comply in all respects with all (6) applicable building codes, City ordinances and the state and federal laws and regulations. PUBLIC WORKS (4) 6.1 No left turn access from Bryan Avenue will be allowed as no median cuts will be permitted. (4) 6.2 A separate 24" x 36" street improvement plan will be required showing all required construction with the public right-of-way. (4) 6.3 Any damaged or missing public improvements adjacent to this property shall be repaired and/or replaced as Exhibit A - Conditions of Approval CUP 91-02 & DR 90-23 Page 6 determined by the Engineering Division and shall include, but not be limited to curb and gutter, street paving and drive apron. FIRE (4) 7.1 Prior to the issuance of any building permits for combustible construction, evidence that a water supply for fire protection is available shall be submitted to and approved by the Fire Chief. Fire hydrants shall be in place and operational to meet required fire-flow prior to commencing construction with combustible materials. (4) 7.2 Prior to the issuance of any building permits, all underground piping for automatic fire extinguishing systems shall be approved and installed. Plans for an automatic fire extinguishing system shall be approved by the Fire Chief prior to installation. Such systems shall be operational prior to the issuance of a certificate of use and occupancy. (4) 7.3 Prior to the issuance of any building permits, construction details for any controlled entry access shall be approved by the Fire Chief. These details shall include width, clear height and means of emergency vehicle over-ride. (4) 7.4 Prior to the issuance of any certificates of use and occupancy, the private street shall be red curbed and posted "No Parking-Fire Lane" as per 1985 Uniform Fire Code Section 10.207 in a manner meeting the approval of the County Fire Chief. (4) 7.5 On-site fire hydrants will be required to provide fire- flow. Provide information on north flood channel service road and ability to get approval for use as access. Submit information to verify that this will not be removed. LANDSCAPING, GROUNDS AND HARDSCPAPE ELEMENTS (7) 8.1 Submit at plan check complete detailed landscaping and irrigation plans for all landscaping areas consistent with adopted City of Tustin Landscaping and Irrigation Submittal Requirements. Provide summary table applying indexing identification to plant material in their Exhibit A - Conditions of Approval CUP 91-02 & DR 90-23 Page 7 actual location. The plan and table must list botanical and common names, sizes, spacing, actual location and quantity of the plant materials proposed. Show planting and berming details, soil preparation, staking, etc. The irrigation plan shall show location and control of backflow prevention devices, pipe size, sprinkler type, spacing and coverage. Details for all equipment must be provided. Show all property lines on the landscaping and irrigation plan, public right-of-ways area, sidewalk widths, parkway areas, and wall locations. The Department of Community Development may request minor substitutions of plant materials during plan check. Note on landscaping plan that coverage of landscaping irrigation materials is subject to field inspection at project completion by the Department of Community Development. (7) 8.2 The submitted landscaping plans at plan check must reflect the following requirements: ae Provide a minimum of one 15 gallon size tree for every 30 feet of property line on the property perimeter and five 5 gallon shrubs. Be Provide one 15 gallon tree for each 5 parking spaces within an open parking area. Ce Provide landscaping adjacent to structures on site including one 15-gallon tree for every 30-lineal feet of exterior wall (need not be spaced at 30- feet on center). De One (1) 24" box tree per 30-lineal feet of street frontage and six (6) five-gallon shrubs per 25- lineal feet of street frontage or a combination of three (3) five-gallon and five (5) 1-gallon shrubs shall be provided. Ee Ail newly planted trees shall be staked according to City standards. Fo Shrubs shall be a minimum of 5 gallon size and shall be spaced a minimum of 8 feet on center when intended as screening planting. G · Ground cover shall be planted inches on center. between 8 to 12 Exhibit A - Conditions of Approval CUP 91-02 & DR 90-23 Page 8 He I · Je K, ne Me When 1 gallon plant sizes are used the spacing may vary according to materials used. Along fences and/or walls and equipment areas, provide landscaping screening with shrubs and/or vines and trees on plan check drawings. Ail plant materials shall be installed in a healthy vigorous condition typical to the species and landscaping must be maintained in a neat and healthy condition. This will include but not be limited to trimming, mowing, weeding, removal of litter, fertilizing, regular watering, or replacement of diseased or dead plants. Buffer driveways and parking areas with a 30 foot high minimum landscaping berm. The use of decorative paving techniques such as stamped and colored concrete is encouraged for pedestrian walkways. A thickly planted landscape shall be installed along the edge of the project. Use natural landscaping and other architectural detailing and use of materials to border parking areas and soften their visual appearances. FEES (~) 9.1 Prior to issuance of any building permits for Phase I, (3) payment shall be made of all required fees including: (6) (9) A. Major thoroughfare and bridge fees to Tustin Public Works Department. . Cash deposit of bond of $12,500 for share of traffic signal installation at Parkcenter Lane and Bryan Avenue to Tustin Public Works Department. Cash deposit or bond will be required for a five (5) year period after project approval with a refund clause if funds are not utilized or needed, based on traffic warrant information. Ce Sanitary sewer connection fee to Orange County Sanitation District. Exhibit A - Conditions of Approval CUP 91-02 & DR 90-23 Page 9 De Eo Fo G, Ho Ail applicable building, grading and private improvement plan check and permit fees to the Community Development Department. New development fees to the Community Development Department. School facilities fee to the Tustin Unified School District subject to any agreement reached and executed between the District and the Irvine Company. Required East Tustin Facility Fees as may be adjusted to reflect cost of living increases prior to issuance of building permits for Phase I development: 1) Civic Center Expansion Fee 2) Irvine Boulevard Widening Fee 3) Fire Protection Facility Fee 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 $25.00 (twenty-five dollars) pursuant to AB 3185, Chapter 1706, Statutes of 1990, enable the City to file the Notice of Determination required under Public Resources code Section 21151 and 14 Cal. Code of Regulations 15094. If within such forty-eight (48) hour period that the applicant has not delivered to the Community Development Department the above- noted check, the approval for the project granted herein shall be considered automatically null and void. In addition, should the Department of Fish and game reject the Certificate of Fee Exemption filed with the Notice of Determination and require payment of fees, the applicant shall deliver to the Community Development Department, within forty-eight (48) hours of notification, a cashier's check payable to the COUNTY CLERK in the amount of $850 (eight hundred fifty dollars) pursuant to AB 3158, Chapter 1706, Statutes of 1990. If this fee is imposed, the subject project shall not be operative, vested or final unless and until the fee is paid. Exhibit A - Conditions of Approval CUP 91-02 & DR 90-23 Page 10 9.2 Prior to issuance of any building permits for Phase II, payment shall be made of all fees required as listed in Section 9.1 above, and all fees applicable at time of permit issuance.