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HomeMy WebLinkAboutPC RES 3742 RESOLUTION NO. 3742 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 00-005 AND DESIGN REVIEW 00-007 TO AUTHORIZE THE CONSTRUCTION OF A 24,235 SQUARE FOOT BUILDING EXPANSION TO ADD CLASSROOMS, OFFICES, DAYCARE FACILITIES, GYMNASIUM AND STORAGE AREA TO AN EXISTING FACILITY AT 10200 PIONEER ROAD. The Planning Commission of the City of Tustin does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That a proper application for Conditional Use Permit 00-007 and Design Review 00-007 was filed by Captain Lee Lescano for the Salvation Army, requesting authorization to construct a 24,235 square foot building expansion to add classrooms, offices, daycare facilities, gymnasium and storage area to an existing facility at 10200 Pioneer Road. B. That the church, daycare and recreational uses are conditionally permitted uses pursuant to Section 3.6.2 of the East Tustin Specific Plan. C. That the proposed use is consistent with the General Plan land use designation Planned Community Residential which provides for public and institutional facilities such as churches, daycare and recreational 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 July 10, 2000 by the Planning Commission. 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: Resolution No. 3742 Conditional use Permit 00-005 & Design Review 00-007 July 10, 2000 Page 2 1) The proposed use is compatible with the surrounding Uses in that the classrooms, offices, gymnasium and storage area supports the church, daycare and recreational uses which are conditionally permitted within the ~Community Facility" designation of the East Tustin Specific Plan and that the daycare is oriented towards providing for the needs of the surrounding residential neighborhoods. 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 (271 spaces). 3) The proposed building is compatible with the mass and design of the existing facility and will not be a detriment to the public, health, safety, welfare and aesthetics of the community. 4) The proposed expansion of the church and daycare uses and the proposed recreational activities within the gymnasium are not anticipated to create any noise, parking or traffic impacts and the hours of operation will be limited to 7:00 a.m. to 10:00 p.m. daily. 5) The proposed uses do not include using the facility for any type of 24-hour function (i.e. Alcoholics Anonymous meetings, homeless shelters, or "soup kitchens") that might generate excessive noise and traffic during late nights and early momings. 6) The proposed uses do not include any type of thrift store or storage of donated goods that might generate a constant flow of daily traffic. 7) The site layout has incorporated existing infrastructure and has been sensitively designed to adjacent residential uses by locating the structures adjacent to Jamboree Road. F. Pursuant to Section 9272 of the Tustin Municipal Code, the Commission finds that the location, size, architectural features and general appearance of Design Review 00-007, as conditioned, will not impair the ordedy 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: Resolution No. 3742 Conditional use Permit 00-005 & Design Review 00-007 July 10, 2000 Page 3 1. Height, bulk and area of buildings: 3 2. Setbacks and site planning. 4 3. Exterior materials and colors. 4; Type and pitch of roofs. 6 5. Size and spacing of windows, doore and other ? openings. 6. Towers, chimneys, roof structures, flagpoles, radio and 9 television antennae. ~0 7. Landscaping, parking area design and traffic circulation. n 8. Location, height and standards of exterior illumination. ~2 9. Location and appearance of equipment located outRide of an enclosed structure. ~3 10. Location and method of refuse storage. ]4 11. Physical relationship of proposed structures to existing ~5 structures in the neighborhood. t6 12o Appearance and design relationship of proposed ~7 structures to existing structures and possible future structures in the neighborhood and public ~s thoroughfares. ~9 13. Development Guidelines and criteria as adopted by the City Council. 20 =~ G. A Negative Declaration has been adopted for this project in accordance with the provisions of the California Environmental 22 Quality Act. 23 II. The Planning Commission hereby approves Conditional Use Permit 24 No. 00-005 and Design Review 00-007 authorizing the construction of a 24,235 square foot building expansion to add classrooms, offices, 25 daycare facilities, gymnasium and storage area to an existing facility 26 at 10200 Pioneer Road, subject to the conditions contained within Exhibit A, attached hereto. 28 29 Resolution No. 3742 Conditional use Permit 00-005 & Design Review 00-007 July 10, 2000 Page 4 2 PASSED AND ADOPTED by the Planning Commission of the City of Tustin 3 at a regular meeting held on the 10th day of July, 2000. 4 ? Chairperson ELIZABETH A. BINSACK Planning Commission Secretary ]0 n STATE OF CALIFORNIA ) ~2 COUN~ OF O~NGE ) CI~ OF TUSTIN ) 13 I, ELI~BETH A. BINSACK, the undersigned, hereby ce~i~ that I am the ~4 Recording Secreta~ of the Planning Commission of the Ci~ of Tustin, California; that Resolution No. 3742 passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 10~ day of July, 2000. 17 ~9 ~BET~A. BFNSA~K 20 Planning Commission Secreta~ 2~ 22 23 24 25 26 27 29 EXHIBIT A RESOLUTION N0.3742 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 00-005 AND DESIGN REVIEW 00-007 GENERAL (1) 1.1 The proposed use shall substantially conform with the submitted plans for the project date stamped July 10, 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 The subject project approval shall become null and void unless permits for the proposed project are issued and substantial construction is underway within eighteen (18) months of the date of this Exhibit. Time extensions may be considered if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.4 Approval of Conditional Use Permit 00-005 and Design Review 00-007 is contingent upon the applicant signing and returning an "Agreement to Conditions Imposed" form as established by the Director of Community Development. (1) 1.5 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) 1.6 Any violation of any of the conditions imposed is subject to the imposition of a civil penalty of $100.00 for each violation and each day the violation exists. (1) 1.7 The applicant shall be responsible for costs associated with any necessary code enforcement action. SOURCE CODES (1) STANDARD CONDITION REQUIREMENT (2) CEQA MITIGATION (3) UNIFORM BUILDING CODE/S (4) DESIGN REVIEW (5) RESPONSIBLE AGENCY (6) LANDSCAPING GUIDELINES (7) PC/CC POLICY *** EXCEPTION Exhibit A Resolution 3742 July 10, 2000 Page 2 (1) 1.8 All conditions of approval in Resolution 3051 authorizing CUP92-005 and DR 92-010 shall continue to apply unless herein modified. PLAN SUBMITTAL (1) 2.1 At plan check, submit seven (7) 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) 2.2 Indicate on the title sheet the applicable 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 California Title 24 Accessibility Regulations Title 24 Energy Regulations City of Tustin Grading and Security Ordinance City of Tustin Landscaping and Irrigation Guidelines City of Tustin Private Improvements Standards (1) 2.3 Submit seven (7) sets of excavating/grading plans and two preliminary soils reports to the Building Division for review and approval prior to the issuance of a grading permit. (1) 2.4 Submit preliminary technical detail and all plans for all four utility installations including telephone, gas, water and electricity. Additionally, a not on plans shall be included stating that no field changes shall be made without corrections submitted to and approved by the Building Official. (1) 2.5 Submit a precise soils engineering report provided by a civil engineer within the previous twelve (12) months. Expanded information regarding the levels of hydrocarbons and ground water contamination found on site shall be provided in the submitted soils report. (1) 2.6 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. (1) 2.7 The engineer of record shall submit a letter of pad certification to the Building Division for review and approval prior to the issuance of a building permit. Exhibit A Resolution 3742 July 10, 2000 Page 3 (1) 2.8 Drainage, vegetation, sidewalks, and storm Improvement Standards. circulation, street sections, curbs, gutters, drains shall comply with the on-site private (2) 2.9 All site drainage shall be handled on-site and shall not be permitted to drain onto adjacent properties. (1) 2.10 All grading, drainage, vegetation and circulation shall comply with the City of Tustin Grading Manual. All construction activity shall comply with the Tustin Grading Manual which requires frequent watering of the project site to control dust. All street sections, curbs, gutters, sidewalks, lighting and storm drain shall comply with on-site improvement standards. Any deviations shall be brought to the attention of the Building Official and request for approval shall be submitted in writing prior to any approval. (2) 2.11 The applicant shall comply with all City and South Coast Air Quality Management District 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 fifteen (15) miles per hour. (2) 2.12 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 following: 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 issuance of grading or demolition permits, the applicant shall obtain coverage under the NPDES Statewide Industrial Stormwater Permit for General Construction Activities from the State Water Resources Control Board. Evidence that this has been obtained shall be submitted to the Building Official of the City of Tustin. (1) 2.13 Agate shall be installed in the play yard at the south end of the gymnasium. All play yard areas must have two (2) exits with an occupancy of more than thirty (30) persons. Exhibit A Resolution 3742 July 10, 2000 Page 4 (3) 2.14 Provide complete details for accessible paths of travel for persons with disabilities throughout the site, including, vehicle parking, primary entrance to the building, sanitary facilities, drinking fountains, and public telephones. (3) 2.15 Parking for disabled persons shall be provided with an additional five (5) foot loading area with striping and ramp; disabled persons shall be able to park and access the building without passing behind another car. At least one (1) accessible space shall be van accessible served by a minimum of 96-inch wide loading area. (3) 2.16 Two (2) exists are required from the building, and from any area with occupant loads of seven (7) or more, for daycare classrooms. (3) 2.17 Access to three (3) exists are required when occupant load exceeds 500 people in accordance to the California Building Code Table A-2.1 Section 1007.2.2. (3) 2.18 Provide area analysis for all existing and proposed buildings and show compliance with allowable floor areas based on U.B.C. Table 5-B for entire site. (3) 2.19 The shade structure shall be attached to the building and be the same construction type as the building, or provide minimum twenty (20) foot setback between the building and the shade structure. (3) 2.20 The number of sanitary facilities required shall be in accordance with Table 29-A appendix chapter 29 and Table 11156-1. Unisex restrooms are required when the total number of fixtures exceed five (5) in accordance with California Building Code Section 1105.2. (3) 2.21 No part of the structure shall project beyond the property line. (3) 2.22 Exit doors swing in the path of travel when the occupant load exceeds 49 persons. (3) 2.23 Doors serving a room with an occupant load of fifty (50) or more persons shall be equipped State of California Fire Marshall approved panic hardware. (3) 2.24 Each corridor shall have walls and ceilings of no less than one hour construction, when serving occupant loads of thirty (30) or more. (3) 2.25 Openings in exterior walls shall be protected by a fire assembly having at least athree-fourths-hour fire protection rating, based on property line location. Exhibit A Resolution 3742 July 10, 2000 Page 5 (1) 2.26 The location of any utility vents or other equipment shall be provided on a roof plan. (4) 2.27 The location of utility meters, gutters, and any ground or building mounted equipment shall be illustrated on the plans. All equipment should be incorporated into the architecture. All downspouts should be designed to be internalized within the structure. All parapets shall be at least six (6) inches above rooftop equipment for purposes of screening. (1) 2.28 All exposed metal flashing or trim shall be anodized or painted compatible with main buildings. (1) 2.29 Trash enclosures shall comply with the current refuse contractor and City of Tustin standards. (4) 2.30 All exterior colors to be used shall be subject to the review and approval by the Community Development Department. All exterior treatments must be coordinated with regard to color, materials and detailing and noted on all construction plans and elevations submitted for Building Permit Plan Check. (1) 2.31 A note shall be provided on 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. Gated entrances shall be permitted along the perimeter of the site for construction vehicles. (1) 2.32 Provide a lighting plan, including manufacturer's details of proposed fixtures and a photometric study. Lighting installed on buildings should be of a decorative design, architecturally compatible with the fixtures on the existing buildings. All lighting shall be developed to provide a minimum of one (1) footcandle of light coverage, in accordance with the City's Security Code. The lighting plan shall identify the location, type of fixture, and intensity of all exterior building mounted and free-standing lighting provided. Light fixtures shall not exceed 20 feet in height and should not be arranged so that direct rays will not shine on adjacent properties or produce glare for street traffic. A note "Lighting shall not produce light or glare or have a negative impact on adjacent properties". (1) 2.33 A surety/cash bond shall be required to assure work is completed in accordance with approved plans. Bonds will be based upon the estimated cost of the grading, drainage, and erosion control prior to the issuance of a grading permit. (1) 2.34 Prior to issuance of building permits, Orange County Fire Authority clearance will be required. Exhibit A Resolution 3742 July 10, 2000 Page 6 LANDSCAPING (6) 3.1 The site shall be landscaped consistent with the East Tustin Specific Plan and Landscape and Irrigation Guidelines. (6) 3.2 Provide a detailed landscape and irrigation plan for all landscaping areas on the site and include the following information: a. A summary table applying indexing identification to plant materials in their actual location. The plan and table must list botanical and common names, sizes, spaces, actual location and quantity of the plant materials proposed. b. Planting and berming details, soil preparation, staking etc. c. The irrigation plan shall show location and control of backflow prevention devices, pipe size, sprinkler type, spacing and coverage. Details for all equipment must be provided. d. All property lines on the landscaping and irrigation plan, public right- of-way area, sidewalk widths, parkway areas, and wall location, if any. e, Note on landscaping plan that coverage of landscaping irrigation materials is subject to field inspection at project completion by the Community Development Department. (6) 3.3 All existing trees on-site shall be preserved and protected. USE RESTRICTIONS (1) 4.1 The applicant shall obtain all necessary licenses and approvals from the State Department of Social Services for operation of the daycare facility. (4) 4.2 Simultaneous use of the sanctuary, gymnasium and daycare facility shall not be permitted. Two or less of these uses may be scheduled at the same time. (4) 4.3 The approval of Conditional Use Permit 00-005 shall not constitute authorization for any type of 24 hour use by the church or other party. Operating hours shall be between 7:00 a.m. to 10:00 p.m. excepting those services generally provided in an emergency relief conditions. Exhibit A Resolution 3742 July 10, 2000 Page 7 (4) 4.5 The approval of Conditional Use Permit 00-005 shall not constitute authorization for a thrift store use or the storage of donated goods for the Salvation Army thrift stores. Only materials that are associated with on-site activities may be stored on site. (4) 4.6 The total enrollment in the daycare shall not exceed 75 children and the number of daycare teachers and employees shall not exceed 15 adults. The Community Development Department shall consider an increase to the enrollment and employees based upon the parking allocation and the approved schedule of uses within the Shared Parking Analysis. (4) 4.7 The uses and events at the facility shall be limited to the uses provided in the approved schedule of uses within the Shared Parking Analysis dated May 31, 2000. (1) 4.8 If in the future the City determines that parking or noise problems exist on the site or in the vicinity as a result of the church, daycare or recreational uses operating outside the scope of CUP 92-005, CUP 00-005 or the Tustin City Code or the East Tustin Specific Plan, the Community Development Director may initiate revocation of CUP 00-005 and DR 00-007 or require the applicant to prepare an 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. NOISE (1) 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 Friday, and between 9:00 a.m. and 5:00 p.m. on Saturday, unless otherwise determined by the Building Official. (5) 5.2 Construction hours shall be clearly posted on the project site to the satisfaction of the Building Official. (1) 5.3 All requirements of the City's Noise Ordinance shall be met at all times. FIRE (4) 6.1 Afire lane shall be marked along the entire length of the curb adjacent to the new facility to allow for emergency access of police and fire. (1) 6.2 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 reviewed Exhibit A Resolution 3742 July 10, 2000 Page 8 and approved by the Fire Chief prior to issuance of building permits. 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. If the fire hydrant is already be in place, provide evidence confirming type of system. (1) 6.3 Prior to the issuance of any certificates of use and occupancy, all fire hydrants shall have a "Blue Reflective Pavement Marker" indicating its location on the street or drive per the Orange County Fire Authority Standard and approved by the Fire Chief. On private property these markers are to be maintained in good condition by the property owner. (1) 6.4 Prior to the issuance of a building permit, the applicant shall submit plans for any required automatic fire sprinkler system in any structure to the OCFA for review and approval. Prior to the issuance of a certificate of use and occupancy, this system shall be operational in a manner meeting the approval of the Fire Chief. (1) 6.5 Prior to the issuance of building permits, the applicant shall submit plans and obtain approval from the Fire Chief for fire lanes on required fire access roads or driveways less than 36 feet in width. The plans shall indicate the locations of red curbing and signage. A drawing of the proposed signage with the height, stroke and color of lettering and the contrasting background color shall be submitted to and approved by the Fire Chief. Prior to the issuance of the certificate of use and occupancy the approved fire lanes shall be installed in accordance with the approved fire lane plan. Parking shall be prohibited in the fire lanes and a method of enforcement shall be included with the submittal of the fire plans. (1) 6.6 Prior to the issuance of a building permit for combustible construction, the builder shall submit a letter on company letterhead stating that water for fire-fighting purposes and the all weather fire protection access roads shall be in place and operational before any combustible material is placed on- site. (1) 6.7 Prior to the issuance of a building permit the applicant shall submit plans for the review and approval of the Fire Chief as indicated on the OCFA Plan Submittal Criteria form. Contact the Orange County Fire Authority at (714) 744-0403 for a copy of the Fire Safety Site/Architectural Notes to be placed on the plans prior to submittal. (1) 6.8 Prior to the issuance of a building permit, plans for the fire alarm system shall be submitted to the Fire Chief for review and approval. This system must be operational prior to the issuance of a certificate of use and occupancy. Exhibit A Resolution 3742 July 10, 2000 Page 9 FEES (1) 7.1 Prior to issuance of any building permits or sign permits payment shall be made of all applicable fees, including but not limited to the following. Payment shall be required based upon 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. C. School facilities fee to the Tustin Unified School District subject to any agreement reached and executed between the District and the applicant. (1) 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 CLERK in the amount of $38.00 (thirty eight dollars) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period that applicant has not delivered to the Community Development Department the above-noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened.