HomeMy WebLinkAbout02 CUP 02-004 DR 02-008 cont'dReport to the
Planning Commission
DATE: OCTOBER 28, 2002
SUBJECT:
CONTINUED PUBLIC HEARING FOR CONDITIONAL USE
PERMIT 02-004 AND DESIGN REVIEW 02-008
APPLICANT/
PROPERTY OWNER:
ALDERSGATE UNITED METHODIST CHURCH
ATTN: PHILLIP STARKENBURG
1201 IRVlNE BOULEVARD
TUSTIN, CA 92780
CONSULTANT:
RENGEL ARCHITECTS
ATTN: RICHARD RENGEL
333 EL CAMINO REAL
TUSTIN, CA 92780
LOCATION:
1201 IRVINE BOULEVARD
ZONING:
PUBLIC AND INSTITUTIONAL (P&I)
ENVIRONMENTAL
STATUS:
THIS PROJECT IS CATEGORICALLY EXEMPT FROM
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
REQUIREMENTS PURSUANT TO SECTION 15301 (CLASS 1).
REQUEST:
AUTHORIZATION TO CONSTRUCT A 1,320 SQUARE FOOT
CHOIR ROOM EXPANSION AT AN EXISTING CHURCH
FACILITY
RECOMMENDATION
That the Planning Commission adopt Resolution No. 3846 approving Conditional Use
Permit 02-004 and Design Review 02-008.
BACKGROUND
On October 14, 2002, the Planning
request to expand the existing ch(
(Attachment A- Staff Report dated O
the Planning Commission continued
Minutes). Two main areas of conc~
hours of operation and the amount of
in detail in the next section. Are~
consensus have been incorporated in'
Planning Commission consideration.
Commission held a public hearing to consider a
~ir room at Aldersgate United Methodist Church
ctober 14, 2002). After public input and discussion,
the hearing to October 28, 2002 (Attachment B-
;rn were raised by the Planning Commission: the
landscaping required. These topics are discussed
~s of discussion where there appeared to be a
:o a revised Resolution No. 3846 (Attachment E) for
Planning Commission Report
CUP 02-004 & DR 02-008
October 28, 2002
Page 2
Hours of Operation
Members of the Planning Commission expressed concerns regarding restrictions on the
setting forth of hours of operation. Staff recommends the following condition (Condition
3.1 of revised Resolution No. 3846) for the reasons discussed below:
The days and hours of operation for all existing and proposed uses shall be in accordance
with the fo/lowing tab/e:
Bldg./ Use Ratio Required Days/Hours
Sq. Ft. Stalls
A - 4,125 Sanctuary 1/3 102 Daily 7:00 a.m. to 11:00 p.m.
A- 1,605 ChoirRoom 1 per35sq, ft. 46 Daily 7:00a. m. to 11:00p. m.
B - 1,050 Office 1 per 35 sq. ft. 4 Daily 7:00 a.m. to 11:00 p.m.
B - 950 Conference 1 per 35 sq. ft. 27 Daily 7:00 a.m. to 11:00 p.m.
C- 3,240 Social Hall 1 per 35 sq. ft. 143 Daily 7:00 a.m. to 11:00 p.m.
D - 3, 000 Office 1 per 250 sq. ft. 12 Daily 7:00 a.m. to 11:00 p.m.
E- 3, 000 Office 1 per 250 sq. ft. 12 Daily 7:00 a.m. to 11:00 p.m.
D & E Daycare 1 per 8 children 17 Mon.-Fri. 7 a.m. to 6 p.m.
1 per 1 staff 21 Per CUP 90-18, as amended
In addition to the specified days and hours of operation, the applicant may apply for a
Temporary Use Permit (TUP) up to ten (10) times in one year for events that will occur
outside of the permitted days and hours of operation. Said Temporary Use Permit may be
reviewed and approved by the Community Development Director.
In addition, when the choir room, sanctuary, social hall, conference room, and offices are
used simultaneously, the maximum number of persons allowed in afl buildings is 552
based upon the provided 184 parking spaces, or one (1) space for every three (3) people.
When the daycare facility in buildings D and E is in use, there may be a maximum of 438
persons in the choir room, sanctuary, social hall, conference room, and offices based
upon a total of 146 parking spaces that would be available to serve these uses."
Specifying the hours of operation will mitigate potential impacts and ensure
compatibility with surrounding uses and should be included to support the findings
for the conditional use permit. In approving the Conditional Use Permit application,
the Planning Commission must find that the proposed use will not be detrimental
to the health, safety, morals, comfort and general welfare of the persons residing
or working in the neighborhood of the proposed use. If any specific aspect of the
proposed use has the potential to impact negatively the neighborhood or general
welfare of the City, direct mitigation in the form of conditions of approval should be
proposed and implemented. If the project does not incorporate physical and/or
conditional use permit improvements to ensure there are no environmental
impacts, a mitigated negative declaration and/or an Environmental Impact Report
would be required.
Planning Commission Report
CUP 02-004 & DR 02-008
October 28, 2002
Page 3
In addition, the cost of implementing feasible conditions that mitigate potentially
negative impacts should not be a factor in the decision to apply those conditions.
For example, hiring an archeologist to oversee grading operations to ensure that
archeological or cultural resources are not destroyed is a standard condition that
can effectively mitigate potential resource loss. The cost of the condition is not as
relevant as whether or not the measure can mitigate potential impacts.
Applying conditions of approval to mitigate potential impacts such as specifying the
days and hours of operation is consistent with other Planning Commission and
staff actions on the approval of conditional use permits and temporary use permits
for a number of assembly uses as shown in Attachment C. Removing limitations
on hours of operation for this assembly use may establish a precedent for other
assembly uses and conditionally permitted uses. Further, owners of existing uses
that have limitations in various conditions of approval that mitigate negative
impacts will likely request removal of those conditions. The issue of whether or not
assembly or other conditionally permitted uses should or should not have
restrictions on their hours of operation or be required to mitigate their potentially
negative impacts is a larger policy issue that should be addressed by the City
Council.
Specifying hours of operation will ensure that noise and disruption to sensitive
uses such as residential uses within close proximity of the property will be
minimized. During the public hearing on October 14, a member of the public who
resides on Elizabeth Way indicated that the noise from the parking lot at night is an
ongoing problem. The single-family residential uses on Elizabeth Way, Wass
Street, and Charloma Drive are adjacent to and across from the facility's parking
lot, which is surrounded by a four (4) foot wall and minimal or no landscaping,
except at the driveway entrances. Attachment D includes exhibits of the locations
and distances of various land uses surrounding the church facility and
photographs of the vicinity.
Specifying hours of operation will ensure that the facility operates in a manner that
is compatible with current surrounding uses. The church was originally approved
and constructed when under the County of Orange's jurisdiction in the 1960s
without any operational conditions and has been allowed to intensify a number of
times without the placement of operational conditions. The majority of uses in the
vicinity are closed during sensitive night-time hours. Generally, the City of Tustin
has allowed very few uses to operate twenty-four (24) hours per day and there are
only three (3) 24-hour facilities in the vicinity of the proposed project: Ralphs in the
Tustin Heights Shopping Center, the Chevron station at the northeast corner of
Irvine Boulevard and Newport Avenue, and Circle K on Newport Avenue, north of
Irvine Boulevard. Given the uses in the vicinity, including sensitive residential
uses, the activity at the facility Should be limited to minimize noise and disruptive
activities.
Planning Commission Report
CUP 02-004 & DR 02-008
October 28, 2002
Page 4
Prior to the October 14th Planning Commission meeting, the applicant indicated
concurrence with all recommended conditions of approval, including Condition No.
3.1, which woUld allow the assembly uses to be used daily from 7:00 a.m. to 11:00
p.m. During the meeting, the applicant's representative indicated 6:00 a.m. to
midnight would be more desirable. However, following the meeting, the applicant's
representative suggested to staff that the sanctuary, choir room, and social hall
should have no restrictions and the conference room and offices should be able to
operate daily from 7:00 a.m. to 11:00 p.m. Staff does not support these requests.
Landscaping
A member of the Planning Commission raised concerns about the number of shrubs
being required. Staff recommends the following conditions (Condition Nos. 4.1 and 4.2 of
Resolution No. 3846) be imposed for the reasons discussed below:
A final landscape plan shall be submitted for review and approval of the
Community Development Department prior to issuance of building permits.
In addition to the fifteen (15) gallon olive tree at the southeast end of the
front planter, five (5) twenty-four (24) inch box ofive trees shaft be planted
directly in front of the expansion to replace the removed trees. A total of
twenty-nine (29) 1-gafton "New Zealand Flax," eight-three (83) 1-gafton
"Lily-of-the-Nile," and ten (10) 1-gallon "Daylily" shrubs shaft be planted to
provide effective screening of the addition, continuity and visual interest
along the front of the property."
All plant materials shall be installed in a healthy and vigorous condition
typical to the species and shall be maintained in a neat and healthy
condition. Maintenance includes, but is not limited to, trimming, moving,
weeding, removal of litter, fertilizing, regular watering, and replacement of
diseased or dead plants.'
In the preliminary design review process, staff recommended that the proposed
addition should have architectural relief and articulation due to its prominent
location on Irvine Boulevard. The applicant was not desirous of providing these
permanent building improvements. Therefore, staff felt that a significant and
aesthetic landscape screen should be installed to minimize the visual impacts
associated with the simple box construction of the addition. It is staff's opinion that
since the addition is not sufficiently integrated into the existing architecture, there is
a visual disparity between the addition and the sanctuary that should be mitigated
with landscape screening.
Planning Commission Report
CUP 02-004 & DR 02-008
October 28, 2002
Page 5
Five (5)larger, twenty-four (24) inch box olive trees should be planted in front of
the expansion to replace the removed trees and soften the mass and appearance
of the chiseled concrete on the building's exterior. The building is proposed to be
fourteen (14) feet in height. Staff consulted with a landscape specialist and
learned that at installation, the trees will be approximately five (5) to.six (6) feet in
height; and, at maturity, the height and width of the trees will be approximately
twenty-five (25) to thirty (30) feet.
A sufficient quantity of shrubs is needed to provide a visual buffer and a continuity
of materials along the front of the property. There is approximately 100 lineal feet
of building wall (without doors) that will be visible from Irvine Boulevard on the east,
south, and west elevations of the proposed addition. Twenty-three (23) of the 1-
gallon New Zealand Flax are intended to provide the foundation planting below the
tree canopy and will be approximately three (3) feet tall and wide at maturity with
taller reddish flower spikes. With a three (3) foot width, twenty-three (23) shrubs
will cover sixty-nine (69) feet of wall. The remaining New Zealand Flax will be
planted under the fifteen (15) gallon olive tree to be planted at the southern end of
the front planter area to create a continuity of materials and at the edge of the
sidewalk on the west side of the addition. The Lily-of-the-Nile shrubs will be
approximately two (2) feet in height and width at maturity with taller blue flower
spikes. With these shrubs planted at eighteen (18) inches on center along the
addition as proposed by the applicant and recommended by Sunset Western
Garden Book for mass planting, any gaps in the other shrubs will be filled by the
proposed fifty-three (53) Lily-of-the-Nile shrubs. The remaining Lily-of-the-Nile
shrubs will be planted with the New Zealand Flax under the 15-gallon olive tree
and at the edge of the sidewalk. The ten (10) l-gallon Daylily shrubs are not
intended to provide coverage, but will provide a variety of color with flower spikes.
These quantities of shrubs are needed to provide screening and visual interest
below the tree canopy.
Prior to the October 14 Planning Commission meeting, the applicant submitted a
plan showing twenty-nine (29) l-gallon "New .Zealand Flax," eighty-three (83) 1-
gallon "Lily-of-the-Nile," ten (10) l-gallon "Daylily", and five (5) 24-inch box olive
trees and indicated concurrence with the recommended conditions of approval.
Following the meeting, the applicant's representative suggested to staff that twelve
(12) 5-gallon "New Zealand Flax," fifty (50) l-gallon "Lily-of-the-Nile," ten (10) 1-
gallon "Daylily," and five (5) 24-inch box olive trees could be installed. While the
increased size of the New Zealand Flax would provide more immediate screening,
the reduced number of shrubs will detract from the visual buffer, interest, and
continuity of materials that would otherwise be provided at maturity with the
submitted plan.
Planning Commission Report
CUP 02-004 & DR 02-008
October 28, 2002
Page 6
Alternatives
.
Staff Recommendation: Adopt Resolution No. 3846 (Attachment E) approving the
project, as recommended by staff; or,
.
Direct staff to prepare a modified resolution with findings and conditions as
deemed appropriate.
Matt West
Assistant Planner
Karen Peterson
Senior Planner
Elizabeth A. Binsack
Community Development Director
Attachments:
A. Staff Report dated October 14, 2002 (Plans Included)
B. October 14, 2002 Draft Minutes
C. Table of Recently Approved Assembly Uses and/or Conditionally
Permitted Uses and Associated Mitigation Related to Hours of
Operation and Negative Impacts
D. Surrounding Land Use Exhibits and Photographs of Vicinity
E. Resolution No. 3846
Cdd:pcreportJcup02-004-10-28.doc
ATTACHMENT. A
Staff Report Dated October 14, 2002 (Plans Included)
~tem #2
Report to the
Planning Commission
DATE:
OCTOBER 14, 2002
SUBJECT:
CONDITIONAL USE PERMIT 02-004 AND
DESIGN REVIEW 02-008
APPLICANT/
PROPERTY OWNER:
ALDERSGATE UNITED METHODIST CHURCH
ATTN' PHILLIP STARKENBURG
1201 IRVlNE BOULEVARD
TUSTIN, CA 92780
CONSULTANT:
RENGEL ARCHITECTS
ATTN' RICHARD RENGEL
333 EL CAMINO REAL
TUSTIN, CA 92780
LOCATION:
1201 IRVlNE BOULEVARD
ZONING:
PUBLIC AND INSTITUTIONAL (P&I)
ENVIRONMENTAL
STATUS:
THIS PROJECT IS CATEGORICALLY EXEMPT FROM
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
REQUIREMENTS PURSUANT TO SECTION 15301 (CLASS 1).
REQUEST:
TO CONSTRUCT A 1,320 SQUARE FOOT CHOIR ROOM
EXPANSION AT AN EXISTING CHURCH FACILITY
RECOMMENDATION
That the Planning Commission adopt Resolution No. 3846 approving Conditional Use
Permit 02-004 and Design Review 02-008.
BACKGROUND
The original church facility was constructed in 1959 under the County of Orange's
jurisdiction. The County of Orange issued all of the permits for the property until it was
annexed into the City of Tustin in 1982. At the time of annexation, the property was
operating with a 302-seat sanctuary with an attached 285 square foot choir room, a
single-story administration building, a single-story social hall, and a two-story educational
building. In 1990, the Planning Commission approved Conditional Use Permit (CUP) 90-
18, the first use permit issued since the church's annexation, authorizing the
establishment of a day care facility, with a maximum of forty-eight (48) children, within the
existing educational building. The Planning Commission also approved an amendment to
Planning Commission Report
CUP 02-004 & DR 02-008
October 14, 2002
Page 2
CUP 90-18 in 1991, authorizing the construction of a new 8,300 square foot building to
accommodate administration offices and to enlarge the day care facility to a total of 132
children. The applicant proposes to expand the existing choir room by 1,320 square feet
to provide additional practice 'and storage room.
Site and Surroundina_ Propertie-~
The site is located on the north side of Irvine Boulevard between Charloma Drive and
Elizabeth Way. The 3.2-acre site is bordered by 'residential uses to the northwest, north
and northeast, an Orange County Fire Authority station to the east, a commercial
shopping center to the south across Irvine Boulevard, and a small retail center to the west
(Attachment A- Location Map). The adjacent residential properties to the north and the
fire station to the east are located within the unincorporated area of the County of
Orange.
DISCUSSION
The applicant proposes to expand .the existing 660 square foot choir room by 1,320
square feet along the southwest side of the existing church building (Attachment B - Site
Plan and Floor Plans/Elevations). The addition would expand the building closer to Irvine
Boulevard and the western driveway entrance at Irvine Boulevard; the existing monument
cross would remain in its existing location. The expansion would provide a general
assembly area for choir practice on Thursday evenings from 7:00 p.m. to 9:00 p.m. and
before church services on Sundays with non-fixed seating, a music library and storage
room, and a general storage room with internal and external access.
The proposed expansion has been designed to be compatible with the existing site
development and the neighboring properties. Since there are no specified development
standards within the P&I zoning district, the Design Review process ensures that the
proposed development is designed in context with the site and neighborhood. The
proposed front yard' setback is generally consistent with development along Irvine
Boulevard and, more specifically, with the adjacent fire station to the east and the small
retail center to the west. The typical .front yard setback within commercial and office
districts ranges from zero to twenty (20) feet, and the typical side yard setback is zero to
ten (10) feet. The expansion will reduce the existing thirty-eight (38) foot front yard
setback, along Irvine Boulevard, to twenty-one (21) feet and the nearest side yard
setback to the west property line to forty-two (42) feet. The expansion would conform to
the typical building setbacks for commercial and office developments in the City and in
the immediate vicinity.
The fourteen (14) foot roof height of the choir room would be significantly lower than the
adjacent forty-one (41) foot high sanctuary building and fifty-three (53) foot, six (6) inch
high monument cross. The addition will also have a flat roof with parapet rather than a
pitched roof to minimize its visual presence and screen all rooftop equipment as required
Planning COmmission Report
CUP 02-004 & DR 02-008
October 14, 2002
Page 3
by Condition 5.2. There will be a four (4) foot by six (6) foot aluminum frame window on
the east-facing wall to provide light and ventilation. The lot coverage of the site would be
fourteen percent (14%), which is significantly lower than the typical one hundred percent
(100%) maximum coverage permitted in commercial districts, less parking and
landscaping requirements.
The materials and colors of the addition are consistent with the church and accessory
buildings. However, during the planning process, staff recommended that the addition
be integrated into the existing architecture through the use of a pitched roof and
enhanced building materials, windows, and landscaping. The applicant does not believe
the proposed addition should compete with the main sanctuary by adding a significant
roof element or major wall articulation. Since the proposed addition will be closer to the
street, increase the mass of the building, and appear as one of the primary structures
on the site, staff recommends that a significant landscape screen be installed to
minimize the visual impact of the addition. Conditions 4.1 and 4.2 are included to ensure
a sufficient landscape screen by requiring specific types, sizes, and quantities of trees
and shrubs, including similar species to those that currently exist along the frontage of
Irvine Boulevard.
Traffic and Parkinn
The site has two (2) driveways that provide access from Irvine Boulevard alOng the south
boundary and from Wass Street along the north boundary. The proposed location of the
choir room expansion would not interfere with drive areas or required access. In addition,
the expansion is not expected to have traffic impacts since it will function during off-peak
hours and is a minimal addition to the church use.
The choir room, including the propoSed addition, would be used from 7:00 p.m. to 9:00
p.m. on Thursday evenings, and on Sundays before church services as stated in
Condition 3.1. The sanctuary and social hall generally operate evenings and weekends,
while the office and daycare uses in buildings B, D, and E are used during typical
business hours on Monday through Friday. Based on simultaneous use of the choir
room, sanctuary, and social hall, a total of 291 parking spaces would be required,
resulting in a deficiency of 107 parking spaces.
To ensure sufficient parking is provided, Condition 3.2 would limit the permitted total .
number of persons when the choir room, sanctuary, and social hall are in use at the same
time. While the typical parking requirement for an assembly use with non-fixed seating is
one (1) parking space for every thirty-five (35) square feet of floor area, the number of
members in the choir may fluctuate. Therefore, the maximum number of persons allowed
in all buildings would be 552 based upon the provided 184 parking spaces, or one (1)
space for every three (3) people. When the daycare and office uses in buildings B, D,
and E are in use, there may be a maximum of 270 persons in the choir room, sanctuary,
and social hall.
Planning Commission Report
CUP 02-004 & DR 02-008
October 14, 2002
Page 4
If the facility operates as conditioned, the project will not create parking, access, or traffic
impacts. However, if 'the use is not operated in accordance with the conditional use
permit or parking and traffic issues arise, Condition 3.3 would require the applicant to
submit a traffic or parking impact analysis and implement mitigation measures such as
modifying or reducing the days or hours of use.
While the activities in the choir room could generate external noise, the noise level
associated with the use is not anticipated to exceed the standards of the Noise Ordinance
or create adverse noise impacts in the area. As proposed, the room will have acoustical
sound absorbing wall coverings on the north and south interior walls, and the two (2)
storage rooms along the west side of the room will provide equal, if not more, sound
buffering to the west side of the building. The only window proposed in the choir room is
on the southeast elevation facing Irvine Boulevard, is four (4) feet by six (6) feet, and will
have dual glazing. Condition 3.4 requires that during anytime the choir room is in use, the
exterior doors and window shall remain closed. If the City were advised that the choir
room is operating outside the scope of the City Noise Ordinance, Condition 3.3.would
require the applicant to submit a noise analysis and implement mitigation measures.
Landscaoinn
The choir room expansion would encroach into an existing landscape planter in front of
the existing church building,-immediately adjacent to Irvine Boulevard; three (3) mature
trees will need to be removed. Condition 4.1 requires five (5) larger, twenty-four (24) inch
box olive trees to be planted in front of the expansion to replace the removed trees to
help soften the mass and appearance of the chiseled concrete on the building's exterior.
In addition to the trees, twenty-nine (29) 10-gallon "New Zealand Flax," eighty-three (83)
l-gallon "Lily-of-the-Nile," and ten (10) l-gallon "Daylily" shrubs will be planted with the
trees. There are existing mature juniper shrubs in front of the sanctuary that will not be
removed, Condition 4.1 would also require the applicant to select new plant species that
would provide a continuity of materials along the front of the property.
In determining whether to approve the Conditional Use Permit, the Planning Commission
must determine whether or not the proposed use will be detrimental to the health, safety,
morals, comfort, and general welfare of the persons residing in or working in the
neighborhood or whether it will be injurious or detrimental to property or improvements in
the vicinity or to the Welfare of the City, or whether the location, size, architectural features
and general appearance of the addition will impair the orderly and harmonious
development of the area, the present or future development therein, or the occupancy as
a whole.
Planning Commission Report
CUP 02-004 & DR 02-008
October 14, 2002
Page 5
A decision to approve this request may be supported by the following findings:
1) The proposed use is compatible with the surrounding uses in that the choir room
supports the church use which is conditionally permitted within the Public and
Institutional zone and that the church is oriented towards providing for the needs of
the surrounding community.
2) The use, as conditioned, will not have a negative effect on the surrounding
property owners, or impact traffic or the availability of off-street parking in that the
required parking is satisfied by the existing off-street parking (184 spaces) and as
conditioned.
3)
The proposed choir room building and use expansion will be visually integrated
into the property and existing building with matching architecture and enhanced
landscaping elements, .as conditioned, to soften the massing and appearance of
the addition.
4)
5)
The proposed addition conforms to the typical development standards of
commercial and office zoning districts within the City and with other existing
developments in the immediate vicinity.
Due to an expected increase in pedestrian traffic associated with the increase in
floor area, any damaged public improvements such as cracked or displaced
sidewalk surface to the front of the property will need to be repaired or replaced
to ensure safe ingress and egress.
Assistant Planner
Karen Peterson
Senior Planner
Attachments:
A. Location Map
B. Site Plan and Floor Plans/Elevations
C. Resolution No. 3846
pcreport/cupO2-OO4.doc
ATTACHMENT A
(of Staff Report Dated October 14, 2002 )
Location Map
LOCATION M!
PROJECT NO.
ADDRESS
CUP 02,004
DR 02'008
1201 Irvine Boulevard
"Aldersgate United Methodist
Church. Choir Room Expansion"
BOULEVARD
ATTACHMENT B
(of Staff Report Dated October 14, 2002 )
Site Plan and Floor Plans/Elevations
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ATTACHMENT B
October 14, 2002 Draft Minutes
ITEM #1
MINUTES
TUSTIN PLANNING COMMISSION
REGULAR MEETING
OCTOBER 14, 2002
DRAFT
7:00 p.m.
Given
All present
Staff present
None
Approved
Continued to
October 28, 2002,
Planning Commission
meeting
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
Elizabeth Binsack, Community Development Director
Doug Holland, Assistant City Attorney
Karen Peterson, Senior Planner
Matt West, Assistant Planner
Eloise Harris, Recording Secretary
PUBLIC CONCERNS
CONSENT CALENDAR
,
APPROVAL OF MINUTES- SEPTEMBER 23, 2002,
PLANNING COMMISSION MEETING.
It was moved by Jennings, seconded by Hamilton, to approve
the Consent Calendar. Motion carried 5-0.
PUBLIC HEARINGS
,
CONDITIONAL USE PERMIT 02-004 AND DESIGN
REVIEW 02-008 A REQUEST TO CONSTRUCT A 1,320
SQUARE FOOT CHOIR ROOM EXPANSION AT AN
EXISTING CHURCH FACILITY. THIS PROJECT IS
LOCATED AT 1201 IRVINE BOULEVARD IN THE
PUBLIC AND INSTITUTIONAL (P&I) ZONING
DISTRICT.
RECOMMENDATION:
That the Planning Commission adopt Resolution No.
3846 approving Conditional Use Permit 02-004 and
Design Review 02-008.
Minutes - Planning Commission October 14, 2002 - Page 1
7:04 p.m.
West
Hamilton
West
Hamilton
West
Director
Hamilton
Director
Jennings
Kozak
Nielsen
West
The Public Hearing opened.
Presented the staff report, referring specifically to the change in
the hours of operation table in Condition 3.1.
Asked staff why it is necessary to restrict the hours of operation
from 7 a.m. to 11 p.m. daily.
Answered those hours were established in previous
applications to coincide with daily business hours and were
used to establish the parking needs of this applicant.
Stated his belief that the events of September 11, 2001, require
a change in this requirement; Aldersgate has been a good
neighbor and hourly limits should only relate to the daycare
facility.
Noted this property was originally zoned R-l, is surrounded by
residential properties, and hours of operation were established
to ensure compatibility with the existing uses; special events
can be accommodated through a temporary use permit
process.
Added that these conditions are consistent with those imposed
on other assembly facilities located within close proximity to
residentially developed property; the Church at Tustin Ranch
and Salvation Army are examples.
Stated his recollection that the Church at Tustin Ranch had no
hourly or use restrictions.
Responded that restrictions similar to the one in this application
were included as a table in that application.
Agreed that this proposal is very similar to the Church at Tustin
Ranch, which was approved.
Stated a similar recollection.
Asked if there was discussion between staff and the applicant
regarding the landscape screening called for in Condition 4.1.
Indicated the applicant proposed less screening; staff
recommended that more landscaping be implemented to
minimize the visual impact of the building mass along Irvine
Boulevard.
Minutes- Planning Commission October 14, 2002 - Page 2
Nielson
Director
Denny
West
Denny
West
Denny
Peterson
Denny
West
Denny
Director
Jennings
Peterson
Asked for clarification of Condition 6.2 regarding the
requirement for repair of public sidewalks.
Stated any repair would be associated with damage occurring
during construction.
Asked if the table for the use restrictions was created to satisfy
the parking requirement.
Responded in the affirmative.
Stated his understanding that any use beyond the table would
exceed the parking presently available at the site.
Answered in the affirmative; and, added that any type of
expansion or modification of use would require a conditional
use permit.
Asked if uses being extended from 6:00 a.m to 11:00 p.m.
would exceed the parking availability.
Stated the second part of Condition 3.1 puts a cap on the
number of people allowed on the property at one time; the
hours and days of operation and numbers of people allowed
should combine to allow sufficient parking at all times.
Asked if, since 1982, the City has received complaints from
neighbors about the usage of this facility.
Responded that staff is unaware of any prior complaints.
Inquired whether staff routinely checks to determine whether or
not a particular use has received complaints in the past; and, if
so, would that information be brought to the Planning
Commission.
Indicated, if recent complaints were made, that information
would be included in the background or history of a project.
Asked if, since there is a shortage of meeting rooms in the City,
the church would be willing to allow public meetings if that
condition were removed.
Stated that Condition 3.2 was proposed by the applicant.
Minutes- Planning Commission October 14, 2002 - Page 3
Jennings
Director
Kozak
Jennings
Kozak
Director
Richard Rengel,
representing the
applicant
Kozak
Mr. Rengel
Kozak
Mr. Rengel
DRAFT
Questioned whether the applicant's agreeing during this public
hearing to letting the facility out to other groups would allow the
condition be removed.
Answered in the affirmative.
Asked if Commissioner Jennings was recommending deletion
of Condition 3.2.
Answered in the affirmative.
Stated the colored rendering of the site shows mature trees;
and, noted his concern that 24-inch box trees will not provide
the landscaping necessary to make the site aesthetically
pleasing.
Indicated that during the preliminary design phase, staff
requested that more architectural articulation be provided from
a building perspective; the applicant chose to proceed with the
plan before the Commission; staff felt a compromise would be
to soften the mass with some landscaping improvements.
Stated he was there to answer any questions the Commission
might have regarding the project; noted the site is not close
enough to residential uses to create a noise problem; stated
the applicant would like to see the hours of operation changed
from 7:00 a.m. to 11:00 p.m. to 6:00 a.m. to midnight, adding
that functions going beyond that time only occur about three
times a year; and, indicated alternate designs were suggested
to which the green screen was the acceptable compromise.
Asked if any type of cornice at the parapet line was considered.
Indicated in the affirmative, but nothing seemed appropriate.
Asked if windows were considered in the front elevation to
provide some vertical break-up.
Stated the windows considered were horizontal and did not fit
well with the elevation off Irvine Boulevard; indicated vertical
windows would not be a good choice for a choir room due to
sound problems; suggested spandrel glass or something
similar might be a possibility; and, asked for clarification
regarding use of the choir room on Sundays.
Minutes - Planning Commission October 14, 2002 - Page 4
West
Nielsen
Mr. Rengel
Jennings
Mr. Rengel
Denny
Mr. Rengel
John Moseley,
12888 Elizabeth
Way
Kozak
Staff
7:34 p.m.
Hamilton
Director
Nielsen
DRAFT
Answered that staff recommended a modification to Condition
3.2 that would allow the sanctuary and the choir room to
operate daily.
Asked if the west-facing doors onto the pedestrian walkway
and driveway are storage doors that will not be used except to
move things in and out and if the second door is intended as a
regular use door.
Answered the door referred to is a fire door; the main entrance
would be the double doom closer to the sanctuary.
Asked if the applicant would be willing to let out the choir room.
Answered in the affirmative.
Asked if the applicant has received an estimate of the
landscaping cost suggested by staff.
Responded in the negative, indicating the landscape changes
were a recent development.
Stated the church is directly behind his home; noted he and his
wife are neither in favor of nor in opposition to the project;
stated that noise from the parking lot at night is an ongoing
problem; indicated he has spoken to people at the church
requesting abatement of the noise; indicated the proposed
changes look nice; and, asked the applicant to consider his
noise concerns.
Asked staff to confirm the operations must comply with the
Tustin Noise Ordinance.
Answered in the affirmative.
The Public Hearing closed.
Asked staff the cost for a temporary use permit.
Indicated four events per year would be allowed for one fee of
$95.00.
Stated the hours of 7:00 a.m. to 11:00 p.m. seem reasonable;
and, indicated the green screen seems extensive--127 new
trees or plants for a 1,300 square foot addition.
Minutes - Planning Commission October 14, 2002 - Page 5
Peterson
Nielsen
Peterson
Jennings
Denny
Jennings
Denny
Hamilton
Noted that a number of one-gallon shrubs are included in that
number.
Suggested staff might consider reducing the number to lower
the costs for the applicant since the applicant initially requested
a thinner green screen.
Stated it was staff's intention to have the trees screen the bulk
of the massing; the one-gallon shrubs are not going to provide
a green screen; staff would recommend that the number of
shrubs be reduced, but the number of recommended trees be
maintained.
Asked that Condition 3.2 be eliminated; stated she believes the
hours of 7:00 a.m. to 11:00 p.m. are adequate, noting her
empathy for Mr. Moseley as she lives across from a church
herself; suggested the proposed screening is appropriate; and,
asked if bigger trees could be required at the start.
Stated he opposes the staff and/or Planning Commission
setting the hours of operation for a conference room at a
church; referred to staff's never having received a complaint
regarding church operations before Mr. Moseley's this evening;
suggested that Conditions 3.1 and 3.2 be omitted and
Condition 3.3 be retained, allowing the Planning Commission to
revisit the issue if there are problems in the future; and,
indicated his concern regarding the church's cost of breaking
up a new block wall to accommodate landscaping.
Suggested perhaps changing the office and conference hours
to "daily" would better accommodate the neighbors.
Responded that the church has an obligation to the neighbors,
but the City is not obligated to tell a church that it cannot open
before 7:00 a.m. without having to go the City and ask for a
temporary use permit; and, stated if these conditions stand, he
cannot support the application.
Stated his agreement with Commissioner Denny; the Noise
Ordinance would apply if the church is creating noise late at
night; the lack of complaints in the past wOuld suggest there is
not a problem; the residents on Elizabeth Way might want to
arrange a meeting with church representatives; people should
be allowed to worship all night if the need arises; a church is
different from a business; if Condition 3.1 restricting the use of
the church remains, he will not support the application.
Minutes- Planning Commission October 14, 2002 - Page 6
Kozak
Director
Kozak
Hamilton
Director
Hamilton
Peterson
Nielsen
Director
Asked for guidance from the Director, specifically regarding the
findings that might be necessary to make the changes
requested.
Noted the Planning Commission sets precedents regarding
common conditions for various uses; staff views this application
not as a church use but an assembly-type use since what the
individuals are doing inside the structure is not the issue, but
how the use may impact the surrounding properties; the
Commission has the ability to remove conditions, but that may
eliminate future conditions the Commission might want to
impose on other assembly-type uses; for example, nightclubs,
movie theaters, and similar activities are considered assembly-
type uses; staff can provide more flexibility in the conditions if
that would bring the Commission closer to a consensus, or the
application can be continued for two weeks.
Indicated his reluctance in continuing the item thereby holding
up the application, but would like to achieve some consensus
regarding Condition 3.1; asked that the applicant's request to
change the hours to 6:00 a.m. to midnight be considered; and,
asked if Commissioner Jennings' suggestion replacing the
Monday through Friday restriction with "daily from 7:00 a.m. to
7:00 p.m." in order to address the assembly uses would be
acceptable.
Asked what time of night the Noise Ordinance takes effect--
whether 10:30 p.m. would differ from 3:00 a.m.
Answered the peace cannot be disturbed at any time of the
day; at a residential property line, a maximum of 55 interior and
65 exterior decibel levels are acceptable; the level is higher for
commercial and industrial properties.
Asked if that varies at different times of the day.
Stated 10:00 p.m. to 7:00 a.m. are considered night-time hours;
7:00 p.m. to 10:00 p.m. are considered evening hours; all other
hours are considered day-time hours.
Asked if something could be drafted to include half a dozen
special events without having the applicant go through a
conditional use permit process.
Responded that staff could prepare language for the
Commission's consideration.
Minutes- Planning Commission October 14, 2002 - Page 7
Kozak
Director
Kozak
Director
Nielsen
Jennings
Hamilton
Jennings
Hamilton
Holland
Asked if that could be accomplished tonight or the application
should be brought back at a later time.
Indicated staff was prepared to do whatever the Commission
desires.
Asked if the process for a use permit for special events could
be included in the conditions of approval.
Answered in the affirmative.
Stated his intention was that the applicant not be required to
continually come back to the City for permits.
Noted that Mr. Rengel indicated this use would probably take
place three times a year which does not seem like a burden on
the church; suggested that circumstances such as 9-11
observances would be something the City would probably
allow in all the churches; stated she would like to see the
sanctuary, choir room, and perhaps the conference room be
allowed daily use between 7:00 a.m. and 11:00 p.m.
Stated he does not see the similarity between movie theaters
and churches in terms of extending the hours of use, since
churches do not have a for-profit motive.
Indicated her concern related to the issue of setting a
precedent.
Suggested that no court of law would see 100 assembly uses
as the same; a church would differ significantly from a movie
theater; a church should have its own category.
Stated that was a good point; however, with impacts from
conditionally permitted uses, there is little distinction between a
church and other assembly uses; there are other kinds of social
activities that could be happening on the church premises;
code enforcement has had a number of situations dealing with
properties holding wedding receptions that go late into the night
and create problems; as a governmental entity, the City is not
attempting to deal with regulation of religious activity but cannot
distinguish religious from other kinds of assembly uses; when
there is a large number of people gathering together, potential
problems must be addressed and dealt with; that is what staff
is trying to do with tonight's recommendations.
Minutes - Planning Commission October 14, 2002 - Page 8
D ATT
Nielsen
Denny
Holland
Denny
Director
Denny
Director
Denny
Reiterated that Aldersgate has been a good neighbor; there is
a fire station and another church behind the property that
create occasional noise; and, suggested that, in a spirit of
cooperation, it would be appropriate to look at those few times
when the church has special events and incorporate those into
the application in order to resolve the issue.
Asked the Assistant City Attorney if the Planning Commission
is a discretionary body, using its discretion to make findings to
either approve or not approve conditional use permits and
other things.
Stated that, dealing with classic discretionary types of activities
such as General Plan Amendments, zone changes, etc., is
quite different from conditional use permits in a quasi-
adjudicative hearing; the Planning Commission's discretion is
to review an entitlement and determine whether or not it
qualifies for that kind of an entitlement based upon evidence
that is presented.
Stated his understanding that the Planning Commission would
be making a subjective analysis of an assembly use in this
case; and, added that different findings would be required for a
nightclub.
Answered that different findings might be made if the
circumstances were different.
Reiterated his point was that the Planning Commission uses its
judgment to make subjective decisions.
Indicated that staff articulated the findings on the first two
pages of the resolution; the Planning Commission could direct
staff to prepare findings for denial for this application, but
direction would be required; findings are based on the Code,
the General Plan, precedents, and potential negative impacts;
when those findings are reviewed, the Planning Commission is
making a subjective decision based on the findings; there
should be a bridge between the findings and the conditions of
approval.
Stated that, in his judgment upon reviewing the findings and
conditions of approval, one condition should 'be removed; in
another assembly use, it might be necessary to set hours'
restrictions as a backstop of the Noise Ordinance, but a
backstop is not needed regarding this church; the Planning
Minutes- Planning Commission October 14, 2002 - Page 9
DP. AFT
Kozak
Director
Kozak
Nielsen
Kozak
Denny
Kozak
Adopted Resolution
No. 3847
8:14 p.m.
Commission should trust their judgment that the church will be
a good neighbor; if the church is not, other options are
available to enforce compliance.
Noted that this type of condition is applicable in a broader
perspective to other assembly uses; asked staff if a recess
should be called for staff to consider preparing language to
address the issues under discussion.
Indicated it would be better to continue the item to the next
meeting when staff can bring back a modified resolution.
Stated he would like the condition to state that a final
landscape plan will be submitted to the Community
Development Director; and, suggested that the five 24-inch box
trees should be included.
Noted his concern was to cut costs for the applicant while
maintaining the aesthetics in the area.
Indicated that was his reason for suggesting a final landscape
plan be submitted and approved by staff.
Asked if Chairman Kozak was suggesting keeping the olive
trees and be less specific regarding the numbers of other
plants.
Answered in the affirmative; and, added that five 24-inch box
trees will not grow fast enough to provide the desired coverage.
It was moved by Kozak to continue this item to the October 28,
2002, Planning Commission meeting, Jennings seconded.
Motion carried 5-0.
.
CONDITIONAL USE PERMIT 02-014 A REQUEST FOR
AUTHORIZATION TO ESTABLISH A VOCATIONAL
SCHOOL AT 1131 F__.~AST MAIN STREET, SUITE 207A,
IN THE PLANNED COMMUNITY COMMERCIAL (PC-
COMM) ZONING DISTRICT.
RECOMMENDATION:
That the Planning Commission adopt Resolution No.
3847 approving Conditional Use Permit 02-014.
The Public Hearing opened.
Minutes- Planning Commission October 14, 2002- Page 10
West
Jennings
West
Jennings
Director
Denny
West
Hamilton
Director
Hamilton
Kozak
Linda Barnes,
applicant
Presented the staff report.
Suggested the parking at night and on Saturdays is less
congested than from 9:00 a.m. to 5:00 p.m. on weekdays; and,
asked if there is the possibility the applicant, through a parking
analysis, would be allowed larger classes.
Answered that ,would be feasible, but there are five property
owners who are bound by an agreement; each property is
restricted by the available parking in the enti're center; while it
may be reasonable to assume there would be available
parking during evenings and Saturdays, the established
parking ratios dictate future expansions or new uses in the
center.
Asked if a parking survey were to be completed for the evening
hours applicant might be able to expand the number of
students.
Noted that approval from all five of the property owners would
be required.
Asked if the applicant is proposing a mortgage broker training
school.
Answered in the affirmative.
Referred to his disdain for compact spaces; and, asked for
clarification regarding the parking ratios for medical uses.
Responded that a Code amendment was approved to
distinguish smaller medical office facilities, if under 4,000
square feet, as minor facilities; various studies indicate that
medical offices generate higher turnover and parking needs;
the City has parking guidelines which should be adhered to
unless the Planning Commission wishes to modify the
guidelines.
Stated he has never seen a parking problem at this location.
Indicated that if the applicant is satisfied with the proposal he
supports staff's recommendation.
Noted that being limited to three students will not provide much
income, necessitating a rise in her fees; stated she had a
petition signed by tenants and a letter from a tenant across the
Minutes - Planning Commission October 14, 2002 - Page 11
Kozak
Director
Kozak
Director
Ms. Barnes
Director
Ms. Barnes
Nielsen
Ms. Barnes
Kozak
8:34 p.m.
Jennings
Nielsen
hall from her location agreeing to give up some of his parking
spaces since her classes will be evening only; indicated she
was confused by the traffic review by the Engineering Division;
and, stated she cannot afford the parking analysis.
Asked the DireCtor to respond to the applicant's questions and
concerns.
Stated the Traffic Engineer looked at the worst-case scenario
for potential traffic impacts which is a different issue from the
parking; staff attempted to allow as much flexibility as possible,
but did not receive enough information to make a
recommendation to allow more parking; if all five property
owners are willing to work together to grant this tenant more
parking spaces, staff can administratively modify the
application.
Asked if the applicant needed to make that request of the five
property owners.
Answered in the affirmative.
Stated her understanding that the petition signed by tenants
would not be enough.
Indicated authorization is required from the five property
owners, not the tenants, but the petition might be a useful tool
in discussing the parking issue with the property owners.
Stated she will make that attempt.
Asked if carpooling might alleviate the problem.
Stated that her clients will be coming to the location from their
jobs; carpooling is therefore not an option.
Clarified that the applicant will not be required to come back to
the Planning Commission for an amendment; that could be
done at the administrative level.
The Public Hearing closed.
Indicated this is a good use; she hopes the property owners
agree regarding the parking; she supports this project.
Stated his support for the project.
Minutes - Planning Commission October 14, 2002 - Page 12
Denny
Director
Denny
None
Director reported
Kozak
Asked if the parking tabulation takes into consideration the
time of day and the fact that this use will not be taking place
during regular office hours.
Answered that a parking demand analysis would have covered
all those issues; the applicant elected to come before the
Commission without the analysis due to the cost involved.
Indicated that parking in that center is a challenge, especially
between 6:30 p.m. and 9:30 p.m. on Fridays; suggested the
school being closed on Fridays will alleviate parking impacts;
and, stated his support of staff's recommendation.
It was moved by Jennings, seconded by Nielsen, to adopt
Resolution No. 3847. Motion carried 5-0.
REGULAR BUSINESS
STAFF CONCERNS:
o
REPORT OF ACTIONS TAKEN AT THE SEPTEMBER
23 AND OCTOBER 7, 2002, CITY COUNCIL
MEETINGS.
Presentation: Elizabeth A. Binsack, Community
Development Director
The City Council had the first reading of Ordinance 1260
(Wireless Communication Facility Regulations and Guidelines);
the facility on Bryan Avenue will be able to proceed once the
Ordinance is adopted.
Asked the Commissioners to let Eloise Harris know their
availability for the Planning Officials Forum scheduled for
November 14, 2002, as soon as possible as there is a cut-off
point for the best fee for attendance.
Suggested the Commission may want to consider the possibility
of canceling the second meetings of the Planning Commission in
November and December; staff will schedule meetings if not
doing so would create a hardship for applicants.
Stated that procedure has worked well in the past; and, asked
staff to proceed in that direction.
Minutes- Planning Commission October 14, 2002- Page 13
Nielsen
Denny
Hamilton
Jennings
Kozak
DRAFT
COMMISSION CONCERNS:
Offered his congratulations to the Anaheim Angels for winning
the American League Pennant and wished them good luck in the
World Series.
·
Thanked City staff for the enjoyable Tiller Days festivities.
Stated the Civic Center directional sign on Newport and Andrews
has faded to the point of being unreadable.
Thanked staff for their patience with his questions and concerns
regarding tonight's projects.
Congratulated the City staff for a fantastic Tiller Days.
Noted that snipe signs have begun appearing attached to
political signs.
Thanked staff for the reports and their patience regarding the
discussion.
Echoed the other Commissioners' comments regarding Tiller
Days.
Noted the Dino Dash will take place the first Sunday in
November; he will be participating in something to do with
stopwatches.
Indicated she missed Tiller Days due to a visit to New England.
Stated the property at the southwest corner of Irvine and
Newport apparently has a parking problem; a crayon sign stating
"No Bank Parking" has been placed on a cone; while she
understands the problem, perhaps a permanent sign would be
more appropriate.
Stated she is pleased to see the fence up at Albertsons, the cars
gone, and demolishing begun.
Indicated she noticed the water yard lights for the first time this
evening and was pleased by how nice the building looks at night.
Thanked staff for their presentations this evening; and, added,
since looking at one-dimensional renderings does not give one a
sense of the dimensions involved, perhaps future PowerPoint
presentations could be enhanced with one or two digital
photographs.
Minutes- Planning Commission October 14, 2002 - Page 14
Director
Kozak
Denny
Jennings
8:47 p.m.
DRAFT
Suggested it might also be helpful to take pictures of the
surrounding properties.
Thanked the Tiller Days' staff and volunteers.
Thanked staff for the copy of the letter included in the packets
regarding the outstanding Old Town project; and, suggested that
the Cultural Resources Advisory Committee might also consider
putting a temporary sign on such properties to encourage other
residents to make improvements.
Stated the green screen at the Baptist Church on Newport
Avenue has very little green; perhaps code enforcement could
suggest more landscaping.
Noted the Tustin Pride awards with signs in the yards also
encourage residents to make improvements.
Indicated she believes the Cultural Resources Advisory
Committee would probably be happy to do something similar.
ADJOURNMENT
The next regular meeting of the Planning Commission is
scheduled for Monday, October 28, '2002, at 7:00.p.m. in the
Council Chamber at 300 Centennial Way.
Minutes- Planning Commission October 14, 2002- Page 15
ATTACHMENT C
Table of Recently Approved Assembly Uses and/or
Conditionally Permitted Uses and Associated Mitigation
Related to Hours of Operation and Negative Impacts
ATTACHMENT C
Recently Approved Assembly Uses and/or Other Conditionally Permitted Uses
And Associated Mitigation Measures Related to Hours of Operation and Negative Impacts
Project
Salvation Army Church Facility
Location:
10200 Pioneer Road
Reference:
(CUP 00-005/DR 00-007)
Linda Evans Fitness Center
Location:
1142-1192 Irvine Blvd.
Reference:
(Amendment to CUP 95-027)
Azzara Banquet Facility
Location:
721 W. First Street
Reference:
(CUP 00-024)
Church at Tustin Ranch
Location:
Northeast corner of Tustin Ranch
Road and Rawlings Way
Reference:
(CUP 01-025/DR 01-031)
Wildfire Gymnasium
Location:
14761 Bentley Circle
Use
A 24,235 square foot
building expansion including
classrooms, offices, daycare
facilities, gymnasium and
storage area
A 3,700 square foot
expansion to an existing
fitness facility
Establishment of a banquet
facility
A new 14,500 square foot
church facility, including a
sanctuary, Sunday school
and bible study classrooms,
and offices
Mitigations
· Permitted daily with limited
hours of operation
· No24-hours uses
· Limited days and hours of
operation
· Limited number of occupants
· No child care facility
B'Nai Israel Temple
Location:
2111 Bryan Avenue
Reference:
(DR 97-026)
(CUP 02-015)
Tustin First Baptist Church
Location:
12881 Newport Avenue
Reference:
(CUP 00-012/DR 00-014)
Burger King Restaurant
Location:
14601 Red Hill Avenue
Reference:
(CUP 97-028/DR 97-036)
McDonald's Restaurant
Location:
2452 Bryan
Reference:
(CUP 94-023/DR 94-030)
Steven's Square
Location:
210 Main Street
Second phase of
construction of Phase II of a
temple, including offices,
classrooms, social hall, and
daycare
Installation of a temporary
modular structure for
classroom use for five years
Conversion of an existing
4,400 square foot bank to a
4,000 square foot fast-food
restaurant with a drive-thru
Construction of a 2,871
square foot fast-food
restaurant with a drive-thru
Weddings, receptions, and
parties at an existing office
complex.
· Limited number of occupants
· No simultaneous uses except
for the office, classroom, and
gift shop
· Noise study required
· A dense landscape buffer
· Limited days and hours of
operation
· Limited number of occupants
· A dense landscape buffer
Reference: ·
Temporary Use Permits
Establishment of an indoor
recreation facility (gymnastic
training)
Reference: o
Limited days and hours of
operation
Limited number of occupants
Limited to gymnastics-related
uses
· Limited days and hours of
operation
· Wall and landscape screening
for drive-thru lane
· Noise study required
· Limited days and hours of
operation
· Wall and landscape screening,
including an opaque wall and a
landscape berm along the drive-
thru lane
· All exterior illumination on a
timer (i.e. parking lot, signage)
· Noise study required
· Restricted hours
· Restricted amplification of voice
and music
Required notification to
surrounding neighbors
Required on-site parking
· Permitted daily with limited
hours of operation
· Limited number of occupants
· No exterior speaker (public
address) system
· Limited to church-related
functions
· Temporary Use Permit (TUP)
may be obtained for non-
church-related functions
· Limited number of occupants
ATTACHMENT D
Surrounding Land Use Exhibits and Photographs of Vicinity
,-
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ATTACHMENT E
Resolution No. 3846
RESOLUTION NO. 3846
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TUSTIN, APPROVING CONDITIONAL USE PERMIT 02-004 AND
DESIGN REVIEW 02-008 TO AUTHORIZE THE CONSTRUCTION OF A
1,320 SQUARE FOOT CHOIR ROOM EXPANSION AT AN EXISTING
CHURCH FACILITY AT 1201 IRVlNE BOULEVARD
The Planning Commission of the City of Tustin does hereby resolve as follows:
I. The Planning Commission finds and determines as follows:
Ao
That a proper application for Conditional Use Permit 02-004 and Design
Review 02-008 was filed by Phillip Starkenburg, on behalf of Aldersgate
United Methodist Church, requesting authorization to construct a 1,320
square foot choir room expansion to an existing 660 square foot choir room
at an existing church facility at 1201 Irvine Boulevard (APN 501-081-21).
B.
Pursuant to City Code Section 9245b(a), churches and accessory uses
require a conditional use permit approved bY the Planning Commission.
C.
That the proposed use is consistent with the General Plan land use
designation "Public/Institutional" which provides for church and accessory
uses. 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.
D.
That a public hearing was duly called, noticed, and held on said application
on October 14, 2002, and continued to October 28, 2002, by the Planning
Commission due to concerns related to hours of operation limitations and
landscaping requirements.
E.
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 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:
1)
2)
The proposed use is compatible with the surrounding uses in that the
choir room supports the church use which is conditionally permitted
within the Public and Institutional zone and that the church is
oriented towards providing for the needs of the surrounding
community.
As conditioned, the proposed use will not be detrimental to the
surrounding properties in that the hours of operation of the facility will
be limited to 7:00 a.m. to 11:00 p.m. daily. Specifying the hours of
Resolution No. 3846
Conditional Use Permit 02-004 & Design Review 02-008
October 28, 2002
Page 2
4)
5)
6)
operation is necessary to ensure compatibility with surrounding uses
by mitigating potential impacts on surrounding residential uses
related to noise and disruption associated with the facility during
sensitive nighttime hours. To provide for special events, the
applicant may apply for Temporary Use Permits.
Applying conditions of approval to mitigate potential impacts such as
specifying the days and hours of operation is consistent with other
Planning Commission and staff actions on the approval of
conditional use permits and temporary use permits for a number of
assembly uses. Removing limitation of hours of operation for this
assembly use may establish a precedent for other assembly uses
and conditionally permitted uses. Further, existing uses that have
limitations in various conditions of approval that mitigate negative
impacts will likely request removal of those conditions.
Specifying hours of operation will ensure that the facility operates in
a manner that is compatible with current sUrrounding uses. The
church was originally approved and constructed when under the
County of Orange's jurisdiction in the 1960s without any operational
conditions and has been allowed to intensify a number of times
without the placement of operational conditions. The majority of
uses in the vicinity are closed during sensitive nighttime hours.
There are only three (3) 24-hour facilities in the vicinity of the
proposed project: Ralphs in the Tustin Heights Shopping Center, the
Chevron station at the northeast corner of Irvine Boulevard and
Newport Avenue, and Circle K on Newport Avenue, north of Irvine
Boulevard.
As conditioned, the use will not have a negative effect on the
surrounding property owners or impact the availability of off-street
parking in that no traffic impacts are anticipated and the required
parking is satisfied by the existing off-street parking (184 spaces)
and the total number of persons on the property will be limited to the
number of parking spaces being provided at a ratio of one (1)
parking space for every three (3) persons.
A significant and attractive landscape screen should be installed to
minimize the visual impacts associated with the simple box
construction of the addition. Since the addition is not sufficiently
integrated into the existing architecture, there is a visual disparity
between the addition and the sanctuary that should be mitigated with
landscape screening. As conditioned, the project will not be a
detriment to the aesthetics of the community in that the visual
impacts of the addition will be minimized with landscaping that both
screens the addition and provides for continuity and visual interest
along the front of the property. In addition to six (6) trees, a sufficient
Resolution No. 3846
Conditional Use Permit 02-004 & Design Review 02-008
October 28, 2002
Page 3
F,
quantity of shrubs is needed to provide a visual buffer and a
continuity of materials along the front of the property. There are
approximately 100 lineal feet of building wall (without doors) that will
be visible from Irvine Boulevard on the east, south, and west
elevations of the proposed addition. Twenty-three (23) of the 1-
gallon New Zealand Flax are intended to provide the foundation
planting below the tree canopy and will be approximately three (3)
feet tall and wide at maturity with taller reddish flower spikes. With a
three (3) foot width, twenty-three (23) shrubs will cover sixty-nine (69)
feet of wall. The remaining New Zealand Flax will be planted under
the fifteen (15) gallon olive tree to be planted at the southern end of
the front planter area to create a continuity of materials and at the
edge of the sidewalk on the west side of the addition. The Lily-of-
the-Nile shrubs will be approximately two feet (2) in height and width
at maturity with taller blue flower spikes. With fifty-three (53) of these
shrubs planted at eighteen (18) inches on center along the addition
as proposed by the applicant and recommended by Sunset Western
Garden Book for mass planting, the building wall length will generally
cover any gaps in the other shrubs. The remaining Lily-of-the-Nile
shrubs will be planted with the New Zealand Flax under the 15-gallon
olive tree and at the edge of the sidewalk. The ten (10) l-gallon
Daylily shrubs are not intended to provide coverage, but will provide
a variety of color with flower spikes. These quantities of shrubs are
needed to provide screening and visual interest below the tree
canopy.
Pursuant to Section 9272 of the Tustin Municipal Code, the Commission
finds that the location, size, architectural features, and general appearance
of Design Review 02-008, as conditioned, 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.
3. Exterior materials and colors.
4. Type and pitch of roofs.
5. Size and spacing of windows, doors, and other openings.
6. Towers, chimneys, roof structures, flagpoles, radio and television
antennae.
7. Landscaping, parking area design, and traffic circulation.
8. Location, height, and standards of exterior illumination.
9. Location and appearance of equipment located outside an enclosed
structure.
10. Physical relationship of proposed structures to existing structures in
the neighborhood.
Resolution No. 3846
Conditional Use Permit 02-004 & Design Review 02-008
October 28, 2002
Page 4
11.
12.
Appearance and design relationship of proposed structures to
existing structures and possible future structures in the neighborhood
and public thoroughfares.
Development Guidelines and criteria as adopted by the City Council.
O.
That this project is Categorically Exempt from the' requirements of the
California Environmental Quality Act, pursuant to Section 15301 (Class 1).
II.
The Planning Commission hereby approves Conditional Use Permit No. 02-004
and Design Review 02-008 requesting authorization to construct a 1,320 square
foot choir room expansion to an existing 660 square foot choir room at an existing
church facility at 1201 Irvine Boulevard, subject to the conditions contained within
Exhibit A attached hereto.
PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular
meeting held on the 28th day of October, 2002.
STEPHEN V. KOZAK
Chairperson
ELIZABETH A. BINSACK
Planning Commission Secretary
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Recording
Secretary of the Planning Commission of the City of Tustin, California; that Resolution
No. 3846 passed and adopted at a regular meeting of the Tustin Planning Commission,
held on the 28th day of October, 2002.
ELIZABETH A. BINSACK
Planning Commission Secretary
EXHIBIT A
RESOLUTION NO. 3846
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT 02-004 AND DESIGN REVIEW 02-008
GENERAL
(1) 1.1
The proposed use shall substantially conform with the submitted plans for
the project date stamped on October 28, 2002, 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 and other applicable codes.
(1) 1.2
Unless otherwise specified, the conditions contained in this Exhibit shall be
complied with as specified or prior to the issuance of any building permits
for the project, subject to review and approval by the Community
Development Department.
(1) 1.3
Approval of Conditional Use Permit 02-004 and Design Review 02-008 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.
(1) 1.4
As a condition of approval of Conditional Use Permit 02-004 and Design
Review 02-008, 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.
SOURCE CODES
(1)
(2)
(3)
(4)
STANDARD CONDITION
CEQA MITIGATION
UNIFORM BUILDING CODE/S
DESIGN REVIEW
EXCEPTIONS
(s)
(6)
(7)
RESPONSIBLE AGENCY
REQUIREMENTS
LANDSCAPING GUIDELINES
PC/CC POLICY
Resolution 3846
Exhibit A - Conditions of Approval
October 28, 2002
(1) 1.$
Any violation of any of the conditions imposed is subject to the payment of a
civil penalty of $100.00 for each violation, or such other amounts as the City
Council may'establish by ordinance or resolution, and for each day the
violation exists, subject to the applicable notice, hearing, and appeal
process as established by the City Council ordinance.
PLAN SUBMITTAL
(1) 2.1
Architectural treatments, exterior colors and finishes of the proposed
addition including the chiseled masonry concrete, wall colors, and window
shall match the existing colors and materials to the greatest extent feasible,
subject to final approval of the Community Development Department.
Specifications at Building Permit plan check submittal shall identify
materials and colors on all elevations with applicable details and notes
added.
(4)
2.2
The colors and materials for the exterior of the building shall be compatible
with the existing buildings on-site:
Wall Material
Window Type
Exterior Doors
Chiseled Texture, Concrete Masonry Unit (C.M.U.)
Tempered Glass, dual glazed with white aluminum frame
Metal doors and frames to be a bronze finish
(4)
2.3
No outdoor storage is permitted at any time, except during construction as
approved by the Tustin Community Development Director.
(1)
2.4
No exterior down spouts or roof scuppers shall be permitted. All roof
drains shall utilize interior piping but may have exterior outlets at base of
buildings.
(c) 2.5
All building and structure surfaces shall be maintained in good repair and
clean, free of chipping, cracking, or fading paint. Graffiti shall be
removed, to the satisfaction of the Community Development Director,
within forty-eight (48) hours of occurrence.
USE RESTRICTIONS
(***) 3.1
The days and hours operation for all existing and proposed uses shall be in
accordance with the following table:
Bldg./ Use Ratio Required Days/Hours
Sq. Ft. Stalls
A - 4,125 Sanctuary 1/3 102 Daily 7:00 a.m. to 11:00 p.m.
A - 1,605 Choir Room 1 per 35 sq. ft. 46 Daily 7:00 a.m. to 11:00 p.m.
B - 1,050 Office 1 per 35 sq. ft. 4 Daily 7:00 a.m. to 11:00 p.m.
B - 950 Conference 1 per 35 sq. ft. 27 Daily 7:00 a.m. to 11:00 p.m.
C - 3,240 Social Hall 1 per 35 sq. ft. 143 Daily 7:00 a.m. to 11:00 p.m.
Resolution 3846
Exhibit A - Conditions of Approval
October 28, 2002
D - 3,000 Office 1 per 250 sq. ft. 12 Daily 7:00 a.m. to 11:00 p.m.
E - 3,000 Office 1 per 250 sq. ft. 12 Daily 7:00 a.m. to 11:00 p.m.
D & E Daycare 1 per 8 children 17 Mon.-Fri. 7 a.m. to 6 p.m.
1 per 1 staff21 Per CUP 90-18, as amended
In addition to the specified days and hours of operation, the applicant may
apply for a Temporary Use Permit (TUP) up to ten (10) times in one year
for events that will occur outside of the permitted days and hours of
operation.
In addition, when the choir room, sanctuary, social hall, conference room,
and offices are in use at the same time, the maximum number of persons
allowed in all buildings is 552 based upon the provided 184 parking
spaces, or one (1) space for every three (3) people. When the daycare
facility in buildings D and E is in use, there may be a maximum of 438
persons in the choir room, sanctuary, social hall, conference room, and
offices based upon a total of 146 parking spaces that would be available
to serve these uses.
(1)
3.2
If in the future the City determines that a parking, traffic, or noise problem
exists on the site or in the vicinity as a result of the choir room expansion
operating outside the scope of CUP 02-004 or the Tustin City Code, the
Community Development Director may require the applicant to prepare a
parking demand analysis, traffic study, or noise analysis and bear all
associated costs. If the study indicates that the use is not in compliance
with the Tustin City Code, the applicant shall be required to provide
mitigation measures to be reviewed and approved by the Community
Development Department.
(***) 3.3
To ensure compliance with the Tustin Noise Ordinance, all exterior doors
shall remain closed while the choir room is in use.
LANDSCAPING
(1) 4.1
A final landscape plan shall be submitted for review and approval of the
Community Development Department prior to issuance of building permits.
In addition to the fifteen (15) gallon olive tree at the southeast end of the
front planter, five (5) twenty-four (24) inch box olive trees shall be planted
directly in front of the expansion to replace the removed trees. A total of
twenty-nine (29) l-gallon "New Zealand Flax," eight-three (83) l-gallon
"Lily-of-the-Nile," and ten (10) l-gallon "Daylily" shrubs shall be planted to
provide effective screening of the addition, continuity and visual interest
along the front of the property.
(.1)
4.2
All plant materials shall be installed in a healthy and vigorous condition
typical to the species and shall be maintained in a neat and healthy
Resolution 3846
Exhibit A- Conditions of Approval
October 28, 2002
condition. Maintenance includes, but is not limited to, trimming, moving,
weeding, removal of litter, fertilizing, regular watering, and replacement of
diseased or dead plants.
BUILDING
(3) 5.1
At the time of building permit application, the plans shall comply with the
most currently adopted City Ordinances and State and Federal laws and
regulations. The City of Tustin is currently using the following: 1998
California Building Code (CBC), 1998 California Mechanical Code (CMC),
1998 California Plumbing Codes (CPC), 1998 California Electrical Code
(CEC), California Title 24 Accessibility Regulations, Title 24 Energy
Regulations.
(3) 5.2 Building plan check submittal shall include the following:
(3) 5.3
· Seven (7) sets of construction plans, including drawings for
mechanical, plumbing, and electrical;
· Two (2) copies of structural calculations;
· Two (2) copies of Title 24 energy calculations;
· Elevations that include all proposed dimensions, materials, colors,
finishes, and partial outlines of adjacent buildings on-site and off-site
where applicable;
· The location of any utility vents or other equipment shall be provided
on the roof plan;
· Cross-section details showing the installation of the proposed rooftop
equipment. Rooftop equipment shall be installed and maintained so as
not to be visible from the public right-of-way and shall be located a
minimum of six (6) inches below the parapet, and,
· Note on plans that no field changes shall be made without prior
approval from the Building Official and architect or engineer of
record.
The plans submitted shall indicate that restrooms are accessible to persons
with disabilities as per State of California Accessibility Standards (Title 24).
Plumbing fixture units are required to comply with the 1998 California
Plumbing Code, Chapter Four (4) Table 4-1, or as approved by the Building
Official.
(3)
5.4
Openings in exterior walls are not permitted fewer than five (5) feet from
property lines per 1998 California Building Code Table 5A.
(3)
5,5
Exterior walls are required to be fire resistive of construction due to location
on property as determined in Table 5-A of the 1998 CBC.
Resolution 3846
Exhibit A - Conditions of Approval
October 28, 2002
(3) 5.6
(3) 5.7
(3) 5.8
(3) 5.9
(3) 5.10
(3) S.ll
(3) 5.12
(3) 5.13
Prior to permit issuance, clearance from the Orange County Fire Authority is
required.
Vehicle parking, primary entrance to the building, the primary paths of
travel, sanitary facilities, and drinking fountains shall be accessible to
persons with disabilities.
No part of the structure shall project beyond the property line.
Provide area analysis for all buildings and show compliance with allowable
floor areas based on 1998 California Building Code Chapter 5 Table 5-B.
Four (4) sets of final grading plans consistent with the site and
landscaping plans as prepared by a registered civil engineer shall be
submitted and shall include the following:
· Technical details and plans for all utility installations including
telephone, gas, water, and electricity.
Three (3) copies of precise soil report provided by a civil engineer and
less than one (1) year old. Expanded information regarding the levels of
hydrocarbons and ground water contamination found on-site shall be
provided in the soil report. All pavement "R" values shall be in
accordance with applicable City of Tustin standards.
· All site drainage shall be handled on-site and shall not be permitted to
drain onto adjacent properties.
Drainage, vegetation, circulation, street sections, curbs,
sidewalks, and storm drains shall comply with the on-site
Improvement Standards.
gutters,
Private
The engineer of record shall submit a final compaction report to the
Building Division for review and approval prior to the issuance of a
building permit.
The engineer of record shall submit a pad certification to the Building
Division for review and approval prior to the issuance of a building permit.
A surety/cash bond will be required to assure work is completed in
accordance with approved plans prior to permit issuance. The engineer's
estimated cost of the grading, drainage, and erosion control shall be
submitted to the Building Official for determination of the bond amount.
Resolution 3846
Exhibit A - Conditions of Approval
October 28, 2002
(3)
(3) 5.15
The applicant shall comply with the following Conditions pertaining to the
requirement for a Water Quality Management Plan:
Ao
Prior to issuance of building permits, the applicant shall submit for
approval by the Community Development and Public Works
Departments a Water Quality Management Plan (WQMP) specifically
identifying Best Management Practices (BMPs) that will be used on-site
to control predictable pollutant run-off. This WQMP shall identify the:
structural and non-structural measures specified detailing
implementation of BMPs whenever they are applicable to the project;
the assignment of long-term maintenance responsibilities (specifying the
developer, parcel owner, maintenance association, lessee, etc.); and,
reference to the location(s) of structural BMPs.
B,
Prior to submittal of a Water Quality Management Plan (WQMP), the
applicant shall submit a deposit of $2,500.00 for the estimated cost of
review of the WQMP to the Building Division. The actual costs shall be
deducted from the deposit, and the applicant shall be responsible for
any additional review cost that exceeded the deposit prior to issuance of
grading permits. Any unused portion of the deposit shall be refunded to
the applicant.
C.
Prior to issuance of any permits, the property owner shall record a
Notice of Water Quality Management Plan (WQMP) with the County
Clerk Recorder on a form provided by the Community Development
Department to inform future property owners of the requirement to
implement the approved WQMP.
D,
Prior to the issuance of any permits, the property owner and applicant
shall provide written consent and authorization to enter the property for
the purpose of conducting compliance assessments. An authorized
inspector may inspect the property for the purpose of verifying
compliance with Chapter 4 of the Tustin City Code (Water Quality
Ordinance) and verifying compliance with the approved Water Quality
Management Plan.
Eo
The Community Development and Public Works Departments shall
determine whether any proposed change in use requires an
amendment to an approved Water Quality Management Plan.
A note shall be provided on the final plans that a six (6) foot high chain link
fence shall be installed around the site prior to building construction stages.
A nylon fabric or mesh shall be attached to the temporary construction
fencing.
Resolution 3846
Exhibit A - Conditions of Approval
October 28, 2002
(3) 5.16
The applicant shall comply with all City policies regarding short-term
construction emissions, including periodic watering of the site and
prohibiting grading during second stage smog alerts and when wind
velocities exceed 15 miles per hour.
ENGINEERING
(1) 6.1
The applicant shall obtain approval from East Orange County Water
District prior to the issuance of a building permit.
(1) 6.2
Due to an expected increase in pedestrian traffic associated with the
increase in floor area, any damaged public improvements such as
cracked or displaced sidewalk to the front of the property will need to be
repaired or replaced as directed by the City Inspector. 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. All
improvements shall be completed prior to issuance of the Certificate of
Occupancy.
ORANGE COUNTY FIRE AUTHORITY
(5) 7.1
Prior to the issuance of any building permits, the applicant shall obtain
approval of the Fire Chief for all fire protection access roads to within 150
feet of all portions of the exterior of every structure on site. Please
contact the Orange County Fire Authority at (714) 744-0499 or visit the
Orange County Fire Authority website to obtain a copy of the "Guidelines
for Emergency Access.'' This condition is necessary to determine if the
expansion will impact the emergency access and/or fire lanes.
(5) 7.2
Prior to the issuance of any building permits, the applicant shall submit
plans and obtain approval from the Fire Chief for fire lanes on required fire
access roads fewer than 36 feet in width. The plans shall indicate the
locations of red curbs and signage and include a detail of the proposed
signage including the height, stroke, and colors of the lettering and its
contrasting background. Please contact the Orange County Fire Authority
at (714) 744-0499 or visit the Orange County Fire Authority website to
obtain a copy of the "Guidelines for Emergency Access Roadways and Fire
Lane Requirements."
(5) 7.3
Prior to the issuance of a building permit, the applicant shall submit plans
for any addition and/or change to the automatic fire sprinkler system in
any structure to the Fire Chief for review and approval. Please contact
the Orange County Fire Authority at (714) 744-0499 to request a copy of
the "Orange County Fire Authority Notes for New NFPA 13 Commercial
Sprinkler Systems."
Resolution 3846
Exhibit A - Conditions of Approval
October 28, 2002
(5) 7.4
Prior to the issuance of a building permit, the applicant shall submit
architectural plans for the review and approval of the Fire Chief if required
per the "Orange County Fire Authority Plan Submittal Criteria Form."
Please contact the Orange County 'Fire Authority at (714) 744-0499 for a
copy of the Site/Architectural Notes to be placed on the plans prior to
submittal.
(5)
7.5
Prior to the issuance of a building permit, plans for any change,
modification, or addition to the existing fire alarm system shall be
submitted to the Fire Chief for review and approval. Please contact the
Orange County Fire Authority at (714) 744-0499 or visit the Orange
County Fire Authority website to obtain a copy of the "Guideline for New
and Existing Fire Alarm Systems."
FEES
(~)
8,1
Prior to issuance of any permits, the applicant shall pay the following fees.
Payment will be required based upon the rate in effect at the time of
permit issuance and are subject to change.
A.
All applicable Building plan check and permit fees shall be paid
to the Community Development Department.
B.
Orange County Fire Authority plan check and inspection fees to
the Community Development Department based upon the most
current schedule.
Co
Orange County Sanitation District No. 7 Sewer Connection
Fees in effect at the time of a building permit issuance for the
expansion. At present, the fee for 1,320 square feet of Iow
capacity demand facility is $145.20.
D.
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 forty-three dollars ($43.00) to enable the City to
file the appropriate environmental documentation for the project.
If within such forty-eight (48) hour period the 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.