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HomeMy WebLinkAboutPC RES 3740 RESOLUTION NO. 3740 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF 3 TUSTIN, APPROVING CONDITIONAL USE PERMIT 00-012 AND 4 DESIGN REVIEW 00-014 TO AUTHORIZE THE INSTALLATION OF A TEMPORARY MODULAR STRUCTURE FOR CLASSROOM USE FOR 5 FIVE YEARS AT 12881 NEWPORT AVENUE Planning Commission of the City of Tustin does hereby resolve as follows: 7 The Planning Commission finds and determines as follows: 8 A. That a proper application for Conditional Use Permit 00-012 and Design 9 Review 00-014 was filed by Darrel Habenstreit for the Tustin First Baptist 10 Church, requesting authorization to temporarily locate a modular structure at the side of the lot south of the existing church facility at 12881 Newport n Avenue for a period of five (5) years. 12 B. Pursuant to City Code Section 9299b(3), a temporary use exceeding six ~3 (6) months requires a conditional use permit approved by the Planning Commission. ]4 ~5 C. That the proposed use Is consistent with the General Plan land use designation "Public/Institutional" which provides for school and church ~6 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 Z7 determined to be consistent with the Air Quality Sub-element. D. That a public hearing was duly called, noticed and held on said application ~9 on June 26, 2000 by the Planning Commission. 20 E. That the establishment, maintenance and operation of the use applied for 2~ will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or 22 working in the neighborhood of such proposed use, nor be injurious or 23 detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin, as 24 evidenced by the following findings: 25 1 ) The proposed use is compatible with the surrounding uses in that the 26 modular classroom supports the school and church use which are conditionally permitted within the Public and Institutional zone and 27 that the school is oriented towards providing for the needs of the 2s surrounding residential neighborhoods. 29 2) The use will not have a negative effect on the surrounding property owners, or impact the availability of off-street parking in that the required parking is satisfied by the existing off-street parking (54 spaces). Resolution No. 3740 Conditional use Permit 99-012 & Design Review 00-014 ~ June 26, 2000 Page 2 :Z 3 4 3) The proposed modular classroom structure and proposed temporary use, Will not be a detriment to the public, health, safety, welfare and s aesthetics of the community since the structure will be screened with a landscape screen and will be removed by June 26, 2005. 6 ? 4) The proposed modular classroom structure will not be detrimental to the surrounding properties in that the use is not anticipated to create s any noise, parking or traffic impacts and the hours of operation will be limited to Monday through Friday from 7:00 a.m. to 6:00 p.m. and Sundays from 9:30 a.m. to 12200 p.m. 10 F. Pursuant to Section 9272 of the Tustin Municipal Code, the Commission n finds that the location, size, architectural features and general appearance of Design Review 00-014, as conditioned, will not impair the orderly and ~2 harmonious development of the area the present or future development therein, or the occupancy as a whole. In making such findings, the ~3 Commission has considered at least the following items: ],4 1. Height, bu Ik 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. ~9 6. Towers, chimneys, roof structures, flagpoles, radio and television 20 an[ennae. 2~ 7. Landscaping, parking area design and traffic circulation. 2~ 8. Location, height and standards of exterior illumination. 23 9. Location and appearance of equipment located outside of an 24 enclosed structure. 25 10. Location and method of refuse storage. 26 11. Physical relationship of proposed structures to existing structures in the neighborhood. 27 lesolution No. 3740 =onditional use Permit 99-012 & Design Review 00-014 lune 26, 2000 ~age 3 :Z s 12. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood 4 and public thoroughfares. 5 13. Development Guidelines and criteria as adopted by the City Council. 6 G. That this project is Categorically Exempt from the requirements of the ? California Environmental Quality Act, pursuant to Section 15301 (Class 1 )o g II. The Planning Commission hereby approves Conditional Use Permit No. 00-012 9 and Design Review 00o014 authorizing the nstallation of a modula[ structure to the west of the existing church facility at 12881 Newport Avenue for a period of five (5) ~0 years, subjectto the conditions contained within ExhibitA, attached hereto. I! PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting held on the 26 day of June, 2000. 14 1~ ~OZAK 16 Chairperson 17 ELIZABETH A. BINSACK Planning Commission Secretary 20 21 22 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) 23 CITY OF TUSTIN ) 24 I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Recording :s Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3740 passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 26~' day of June, 2000. 27 ~[~TH A. BINSACK ' Planning Commission Secretary EXHIBIT A RESOLUTION NO. 3740 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 00~012 AND DESIGN REVIEW 00-014 GENERAL (1) 1.1 The proposed use shall substantially conform with the submitted plans for the project date stamped June 26, 2000, 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 00-012and Design Review 00-014 is contingent upon the applicant signing and returning an "Agreement to Conditions Imposed" form as established by the Director of Community Development. (1) 1.4 The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of a challenge of the City's approval of this project. .(1) 1.5 The tent and storage structures located on the south side of the property adjacent to the sanctuary and the parking lot shall be removed and located away from public view. A site plan showing the location of these structures shall be submitted for review and approval by the Community Development Director pdor to issuance of a building permit. The structures shall be removed prior to issuance of a Certificate of Occupancy. SOURCE CODES (t) STANDARD CONDITION (5) RESPONSIBLEAGENCYREQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Exhibit A Conditions of Approval Conditional Use Permit 00-012 & Design Review 00-014 June 26, 2000 Page 2 USE RESTRICTIONS (1) 2.1 The modular classroom structure shall be removed prior to issuance of a building permit for the future expansion of the church facility or five years from the adoption of date of this resolution, June 26, 2005, whichever occurs first. Pdor to the issuance of a building permit for the modular structure, a refundable bond for removal of the modular structure in the amount of $1,500.00 shall be deposited with the Community Development Department and wdtten, notarized documentation from the property owner authorizing the City to remove the modular structure shall be submitted to the Community Development Department. (1) 2.2 The modular structure may be relocated during construction of the future expansion. A relocation plan for modular structure shali be submitted to the Community Development Department for review and approval prior to the relocation of the modular structure. (1) 2.3 Prior to the issuance of a building permit for the modular structure, an alternative plan for returning the area where the modular structure will be located to its original condition shall be submitted to the Community Development Department. (1 2.4 Time extensions may be granted by the Community Development Director if a wdtten request is received by the Community Development Department by May 29, 2001. An extension up to twelve (12) months may be granted subject to review and approval by the Community Development Director. (1 2.5 Only classroom uses authorized by CUP 79-15 shall be permitted within the modular structures. (1 2.6 A maximum of 135 students may occupy the church facility and the modular classroom structure combined. Any increase in enrollment shall be subject to review and approval of an amended Conditional Use Permit. (1) 2.7 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 school use operating outside the scope of CUP 79-15 or the Tustin City Code, the Community Development Director may initiate revocation of CUP 00-012 and DR 00- 014 or 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. Exhibit A Conditions of Approval Conditional Use Permit 00-012 & Design Review 00-014 June 26, 2000 Page 3 PLAN SUBMITTAL (1) 3.1 At building plan check, submit four (4) sets of construction plans, two (2) sets of structural calculations and Title 24 energy calculations prepared by a licensed engineer/architect. No field changes shall be made without corrections submitted to and approved by the Community Development Department. (1) 3.2 Indicate on the title sheet compliance with the following codes, City, state and federal laws and regulations to include: · 1997 Uniform Building Code with California Amendments · 1997 Uniform Mechanical and Plumbing Codes with California Amendments · 1996 National EleCtrical Code with California Amendments · City of Tustin Grading and Security Ordinance · City of Tustin Landscaping and Irrigation Guidelines (1) 3.3 The construction type(s) and occupancy classifications on shall be specified on the plans per Table 3:A and 10-A of the 1998 California Building Code. (1) 3.4 The primary entrance to the modular trailer, the pdmary paths of travel, classrooms, sanitary facilities, drinking fountain, and public telephones shall be accessible to persons with disabilities. (5) 3.5 Prior to permit issuance, clearances from the State Fire Marshal and the State Health Department are required. (3) 3.6 If the height of the deck exceeds .thirty (30) inches above grade, intermediate railings and hand/guard rail shall comply with the Uniform Building Code, 1997 Edition, Sections 509 and 1003.3. · (1) 3.7 All anchors, piers and tie downs shall be approved products by the State of California. (1) 3.8 Specifications at Building Permit plan check submittal shall reflect materials call-outs on all elevations with applicable details and notes added. (3) 3.9 Smoke detectors shall be provided in the modular classrooms, complying with the Uniform Building Code, 1997 Edition, Section 1007.3.4. (4) 3.10 All mechanical and electrical fixtures and equipment shall be adequately and decOratively screened. The screen shall be considered as an element of the overall design of the project and shall either blend with the architectural design of the building or be integrated into the landscape design. Exhibit A Conditions of Approval Conditional Use Permit 00-012 & Design Review 00-014 June 26, 2000 Page 4 (1) 3.1'1 All final colors and materials to be used shall be subject to review and approval by the Community Development Department. All exterior treatments shall be coordinated with regard to color, materials and detailing and clearly noted on submitted construction plans and elevations. LANDSCAPING (1) 4.'1 A dense landscape buffer, a "green screen", or other effective method of screening shall be installed adjacent to the east and, if necessary, south elevations (south faces apartments, east faces Newport). The landscape buffer shall be subject to review and approval by the Community Development Department prior to the issuance of building permits. (1) 4.2 All landscaping shall be maintained in a healthy condition. NOISE (5) 5.1 All construction operations, including engine warm-up and deliveries of materials and equipment, shall be subject to the provisions of the Tustin Noise Ordinance and shall take place only between the hours of 7:00 a.m. and 6 00 p m, Monday through Frday, and between 9:00 a.m. and 5:00 p.m. on Saturday, unless otherwise determ ned by the Building Official. (5) 5.2 Construction hours shall be clearly posted on the project site to the satisfaction of the Building Official. (5) 5.3 All construction and operational activities shall comply with the noise level restrictions of the City of Tustin Noise Control Ordinance. FIRE AUTHORITY (5) 6.'1 Prior to the issuance of a building permit, the applicant shall submit plans for the review and approval of the Fire Chief. The applicant shall include information on the plans required by the Fire Chief. Contact the Orange County'Fire Authority Plans Review Section at (714) 744-0403 for the Fire Safety/Architectural Notes to be placed on the plans. (5) 6.2 Pdor to the issuance of a building permit, the applicant shall submit a fire hydrant location plan for the review and approval of the Fire Chief. (5) 6.3 Prior to the issuance of a building permit, the applicant shall submit to the Fire Chief evidence of the on-site fire hydrant system and indicate whether it is public or private. If the system is private, the system shall be review and approved by the Fire Chief prior to issuance of a building permit. Provisions shall be made by the applicant for the repair and maintenance of the system, in a manner meeting the approval of the Fire Chief. Exhibit A Conditions of Approval Conditional Use Permit 00-012 & Design Review 00-014 June 26, 2000 Page 5 (5) 6.4 Prior to the issuance of a building permit, the applicant shall provide evidence of adequate fire flow. The Orange County Fire Authority Water Availability for Fire Protection form shall be signed by the applicable water distdct and submitted for approval to the Orange County Fire Authority. (5) 6.5 Prior to the issuance of a building permit, plans for the fire alarm system shall be submitted to the Fire Chief for review. This system must be operational pdor to the issuance of a Certificate of Occupancy. FEES (1)(5) 7.1 Prior to jssuance of any building permits payment sha be made of all applicable fees, inc ud ng but not limited to the ~ollowing. Payment shall be required based upor~ those rates in effect at the time of payment and are subject to change. A. Building plan check and permit fees to the Community Development Department based on the most current schedule. B. Orange County Fire Authority plan check and inspection fees to the Community Development Department based upon the most current schedule. (2) 7.2 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 CLEI~K in the amount of $38.00 (thirty eight dollars) to enable the City to file the appropriate environmental documentation for the project. ~f within such forty-eight (48) hour period that applicant has not delivered to the Community Development Department the above-noted check, the statute of limitations for any interested par~y to challenge the environmental determination under the provisions of the California Environmenta Quality Act could be significantly lengthened.