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HomeMy WebLinkAboutPC RES 3846RESOLUTION 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. Eo 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. Go 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. ELIZABETH A. BINSACK Planning Commission Secretary ,~EP~I~.~. KOZAK Chairperson STATE OF CALIFORNIA ) COUNTYOF 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. I~I~SA~i~ 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 (2) (3) (4) STANDARD CONDITION CEQA MITIGATION UNIFORM BUILDING CODEIS 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) 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. 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 Der 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 Hall1 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 Notwithstanding the limitation on days and hours of operation specified in the above table, the applicant may use the sanctuary for events outside of the permitted days and hours of operation so long as written notice is provided to all property owners within three hundred feet of the property at least ten (10) days in advance of the commencement of the event and such notice includes a description of the event and the days and hours of the event. 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) 1-gallon "New Zealand Flax," eight-three (83) 1-gallon "Lily-of-the-Nile," and ten (10) 1-gallon "Daylily" shrubs shall be planted to provide effective screening of the addition, continuity and visual interest along the front of the property. Resolution 3846 Exhibit A - Conditions of Approval October 28, 2002 (1) 4.2 BUILDING (3) 5.1 (3) 5.2 (3) 5.3 (3) 5.4 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. 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. Building plan check submittal shall include the following: · 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. Openings in exterior walls are not permitted fewer than five (5) feet from property lines per 1998 California Building Code Table 5A. Resolution 3846 Exhibit A - Conditions of Approval October 28, 2002 (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. (3) 5.6 Prior to permit issuance, clearance from the Orange County Fire Authority is required. (3) 5.7 Vehicle parking, primary entrance to the building, the primary paths of travel, sanitary facilities, and drinking fountains shall be accessible to persons with disabilities. (3) 5.8 No part of the structure shall project beyond the property line. (3) 5.9 Provide area analysis for all buildings and show compliance with allowable floor areas based on 1998 California Building Code Chapter 5 Table 5-B. (3) 5.10 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, gutters, sidewalks, and storm drains shall comply with the on-site Private Improvement Standards. (3) S.ll 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. (3) 5.12 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. (3) 5.13 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) 5.14 (3) 5.15 The applicant shall comply with the following conditions pertaining to the requirement for a Water Quality Management Plan: A. 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. E. 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 (1) 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. C. 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.