Loading...
HomeMy WebLinkAboutPC RES 4315RESOLUTION NO. 4315 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING DESIGN REVIEW 2014-006, CONDITIONAL USE PERMIT 2014-13 AND AMENDMENT TO USE PERMIT 79-15 FOR THE DEVELOPMENT OF A NEW 10,015 SQUARE -FOOT CLASSROOM BUILDING, THE ESTABLISHMENT OF JOINT USE PARKING TO ACCOMMODATE CHURCH, PRESCHOOL AND ELEMENTARY SCHOOL USE, AND INCREASE THE MAXIMUM NUMBER OF STUDENTS ON A PROPERTY LOCATED AT 12881 NEWPORT AVENUE. The Planning Commission of the City of Tustin does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That proper application has been submitted by Henry L. Botts Jr., on behalf of the property owner, Grace Harbor Church and School, requesting. to develop a new 10,015 square -foot classroom building, establish joint use parking and increase the maximum number of students on a property located at 12881 Newport Avenue to accommodate church, preschool and elementary school uses. B. That the site is zoned as Public & Institutional (P&I) and has a land -use designation of Public Institutional (PI), where church and school uses are conditionally permitted. 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. C. That a public hearing was duly called, noticed, and held on said application on June 14,-2016, by the Planning Commission. D. That the location, size, and general appearance of the proposed project, as conditioned, is compatible with the surrounding area in that the proposed 10,015 square -foot building is designed with architectural features that complement the existing church and classroom buildings. The proposal 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 Planning Commission has considered at least the following items: 1. Height, bulk, and area of proposed structure. 2. Setbacks and site planning. 3. Exterior material and colors. 4. Type and pitch of roofs. 5. Size and spacing of windows, doors and other openings. Resolution No. 4315 Page 2 6. Landscaping, parking area design and traffic circulation. 7. Location, height and standards of exterior illumination. B. Location and method of refuse storage. 9. Physical relationship of proposed structures to existing structures in the neighborhood. 10. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. 11. Development guidelines and criteria as adopted by the City Council. E. That pursuant to Tustin City Code (TCC) Section 9291, an amendment to a Conditional Use Permit (CUP) to increase in the student enrollment may be accommodated by the proposed improvements, including operational modifications. That the establishment, maintenance, and operation of the proposed student increase 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, in that the proposed increase can be accommodated by the proposed site improvements and that the new classrooms and student drop-off areas provide adequate site capacity and parking. F. That pursuant to TCC Section 9264, parking facilities may be used jointly for non-residential uses with different peak hours of operation with the approval of a CUP. That the establishment, maintenance, and operation of the proposed joint use parking 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, in that: A Parking Demand Analysis and Queuing Analysis dated May and March 2016, respectively, was prepared by a licensed traffic engineer (Anne M. Hernandez of Hernandez, Kroone & Associates) in accordance with TCC Section 9264. 2. The Parking Analysis has been reviewed and accepted by the City's Traffic Engineer for methodology and accuracy. 3. Pursuant to TCC 9263, the current and proposed church, preschool and elementary school uses at the site would require 122 parking spaces to accommodate all uses. The project design' proposes fifty- nine (59) parking spaces with thirteen (13) overflow parking spaces as part of the site improvements. A parking demand analysis determined a peak use of fifty-two (52) spaces for the church and school uses. Resolution Ro. 4315 Page 3 0 In -0-12-0 ----- 4. All of the on-site parking spaces are designated for joint use and are located such that they will adequately serve the uses for which they are intended. 5. The proposed use, as conditioned, will not have a negative effect on surrounding properties, or impact traffic based on the availability, of parking spaces and vehicle queuing distance in that sufficient parking spaces and queuing distance would be available on-site. 6. A new parking demand analysis shall be required to be conducted one (1) year after the commencement of school operations to assess the implemented designs and policies for parkingI, student dop-off and queuing, Modifications may be required as a result of the one-year assessment�. C. This project is Categorically Exempt pursuant to, Section 15332, Class I of Title 14, Chapter 32 of the California Code of Regulations (Guidelines for the California Environmental Quality Act), The Planning Commission hereby approves Design Review (DR) 2014-006 and CUP 201'4-13 authorizing the development of a 10,015 square -foot classroom building, establishment of joint use parking, and increase the maximum number of students to accommodate church, preschool and elementary school uses within the existing and proposed buildings located at 12881 Newport Avenue, 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 on the 14th day of June, 2016. AUSTIN LUMBARD Chairperson ELIZABETH A. BINISACK Planning Commission Secretary Resolution No. 4315 Page 4 STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN 1, Elizabeth A. Binsack, the undersig�ned, hereby certify that I am the Planning Commission Secretary of the City of'Tu!stin, California; that Resolution N4. 4315 was duly passed and adopted at a regWar meeting of the Tustin Planning Commission, held on the 14^ day of. % 2016. PLANN�ING: COMMISSIONER AYES: Kozak, Lumbard, Masoh, Thompson (5) PLANNING COMMISSIONER NOES: PLANNING: COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: \ - N, \�1 I ELIZABETH A. BINSACK Planning Commiss,ion Secretary EXHIBIT A RESOLUTION NO. 4315 CONDITIONS OF APPROVAL DESIGN REVIEW 2014-006 CONDITIONAL USE PERMIT 2014-13 AMENDMENT TO USE PERMIT 79-15 12881 NEWPORT AVENUE GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped June 14, 2016, on file with the Community Development Department, 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 subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code (TCC). (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified, subject to review and approval by the Community Development Department. (1) 1.3 This approval shall become null and void unless the use is established within twelve (12) months of the date of this Exhibit. Time extensions may be granted if a written request and associated fee are received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.4 Approval of Design Review (DR) 2014-006, Conditional Use Permit (CUP) 2014-13 and amendment to Use Permit (UP) 79-15 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) 1.5 CUP 2014-13 and Amendment to UP 79-15 may be reviewed as often as necessary, by the Community Development Director. The Community Development Director shall review the use to ascertain compliance with SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) BUILDING CODE (7) PC/CC POLICY (4) DESIGN REVIEW **" EXCEPTION Exhibit A Resolution No. 4315 Page 2 conditions of approval. If the use is not operated in accordance with CUP 2014-13 and Amendment to UP 79-15, or is found to be a nuisance or negative impacts are affecting the neighborhood, the Community Development Director shall impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the CUP. (1) 1.6 If in the future the City's Community Development Director, Police Chief, and/or Public Works Department determine that a parking, traffic, or noise problem exists on the site or in the vicinity as a result of the facility, the Community Development Director, Police Chief, and/or Public Works Department may require that the applicant prepare a parking demand analysis, traffic study, or noise analysis and the applicant shall bear all associated costs. If said study indicates that there is inadequate parking or a traffic or noise problem exists, the applicant shall be required to provide mitigation measures to be reviewed and approved by the Community Development Department, Police Chief, and/or Public Works Department. Said mitigation measures may include, but are not limited to, the following: a. Adjust hours of operation. b. Reduce enrollment. c. Reduce and/or eliminate activities. d. Provide additional parking. (1) 1.7 As a condition of approval of DR. 2014-006, CUP 2014-13 and amendment to UP 79-15, 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 the defense of any such action under this condition. (1) 1.8 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney's fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. (1) 1.9 Approved uses shall operate within all applicable State, County, and the TCC. Exhibit A Resolution No. 4315 Page 3 USE RESTRICTIONS (5) 2.1 The preschool/daycare and elementary school uses shall be limited to a maximum ninety (90) preschool/daycare students and a total maximum enrollment of 418 elementary and preschool/daycare students. Any proposed subsequent increase to student enrollment shall be reviewed by the City and receive City approval prior to operating at the increased enrollment. (5) 2.2 The church operations and assembly shall not occur concurrently with school operations with the exception of minimal church office administration activities. Any changes in operation shall require City review and approval. (1), 2.3 The applicant shall develop and maintain a student drop-off / pick-up (5) policy, which shall be provided to parents prior to starting preschool and elementary school service. The policy shall be submitted to the Community Development Department for review and approval prior to operating the facility. (5) 2.4 The applicant shall establish a staggered student drop-off schedule to mitigate potential vehicle queuing impacts to the public right-of-way, subject to City review and approval. (1) 2.5 No outdoor storage shall be permitted except within approved storage sheds, or as approved by the Director of Community Development. In the event of approval for outdoor storage, all storage areas, including all sheds, shall be adequately screened from view, as approved by the Director of Community Development. The screening shall be maintained in good condition at all times. (1), 2.6 The applicant shall maintain a minimum of fifty-nine (59) onsite parking (5) spaces for church and school use. (5) 2.7 The applicant shall provide and maintain areas for overflow parking, as shown on the approved plans, to accommodate higher than normal parking demand. The applicant shall develop policies that address staff oversight and proper enforcement of these overflow parking areas, subject to review and approval by the Community Development Department. (5) 2.8 The applicant shall provide the City with updated parking counts reflecting the parking demand of the project one (1) year after commencement of school operations. If the City deems that modifications are warranted as a result of the one-year review, the applicant/owner shall submit proposals to address any negative impacts and/or deficiencies regarding Exhibit A Resolution No. 4315 Page 4 parking demand, subject to review and approval by the Community Development Department. NOISE (1) 3.1 All activities shall comply with the City's Noise Ordinance. ARCHITECTURE AND SITE DESIGN (1), 4.1 Project materials shall comply with those identified in the approved (5) plans. Additional color and material samples may be requested by City staff at the time of plan check. Substitutions to the approved materials may occur subject to the approval of the Community Development Director. Enhancements to the architectural detailing may be required at the time of plan check based on the proposed materials. (1) 4.2 All mechanical and electrical fixtures and equipment shall be adequately and decoratively screened. The screen shall be included as an element of the overall design of the project and blend with architectural design of the building. All telephone and electrical boxes shall be identified on the construction plans. Electrical transformers shall be located toward the interior of the project to minimize visual impacts and screened by adequate landscaping or other effective screening devices. (1) 4.3 Trash enclosures shall utilize the City's standard enclosure designed with roof to accommodate at least two (2) four (4) yard bins, with at least one (1) bin reserved for recyclable materials. (1) 4.4 All utility services serving the site shall be installed and maintained underground. LANDSCAPE (1) 5.1 The applicant landscape and landscaping an consistent with Water Efficient following: shall submit application and plans for a separate irrigation permit. At plan check, complete detailed I irrigation plans for all landscaping areas are required, adopted City of Tustin Landscaping requirements and Landscape Ordinance. The plans shall include the a. Include a summary table identifying plan materials. The plant table shall list botanical and common names, sizes, spacing, location, and quantity of the plant materials proposed. b. Show planting details, soil preparation, staking, etc. The irrigation plan shall show location and control of backflow prevention 1 1 1 1 1 1 Exhibit A Resolution No. 4315 Page 5 devices, pipe size, sprinkler type, spacing, and coverage. Details for all equipment must be provided. c. Show all property lines on the landscaping and irrigation plans, public right-of-way areas, sidewalk widths, parkway areas, and wall locations. d. The Community Development Department may request minor substitutions of plant materials or request additional sizing or quantity of materials during plan check. e. Add a note that coverage of landscaping and irrigation materials is subject to inspection at project completion by the Community Development Department. f. Shrubs shall be a minimum of five (5) gallon size and shall be placed a maximum of five (5) feet on center. Other sizes and spacing may be permitted subject to approval of the Community Development Department. g. Ground cover shall be planted eight (8) to twelve (12) inches on center, or as approved by the Community Development Department. (1) 5.2 The applicant shall maintain a continuous hedge of cypress -trees along the rear property line and shall fill voids in the hedge with new trees as needed. All plant materials shall be installed in a healthy vigorous condition typical to the species and shall be maintained in a neat and healthy condition. Maintenance includes, but is not limited to, trimming, weeding, removal of litter, fertilizing, regular watering, and replacement of diseased or dead plants. (1) 5.3 Backflow devices and double detector checks shall be painted to match surrounding landscaping when in planters or painted to match the building when located adjacent to a building. Landscaping shall be utilized to screen the devices where possible. (1) 5.4 Water Improvements: a. In accordance with the plans, a backflow prevention device may be required to protect the public water system from cross connections. 1) If a double check detector assembly (DCDA) is required, an easement for public utility access purposes must be dedicated to the City of Tustin. The easement shall start from the public right-of-way up to the DCDA with a minimum distance of five (5) feet all around the DCDA to allow for unobstructed access, inspection, testing, and maintenance. Exhibit A Resolution No. 4315 Page 6 2) If a building sprinkler system is required by the Orange County Fire Authority (OCFA), the applicant shall be required to provide a backflow prevention device at his or her expense to prevent cross contamination with the public water system. 3) If the applicant proposes to use an irrigation system, then a separate water meter may be required. If this is the case, a Reduced Pressure Principle Assembly (RPPA) shall be required to prevent cross -connection with the public water system. b. Any easements for construction and maintenance of public water facilities within private property shall be reviewed and approved by the Public Works Department prior to recordation with the Orange County Clerk -Recorder. The applicant shall submit a legal description and sketch of the area to the Public Works Department for review and approval, as prepared by a California Registered Civil Engineer or California Licensed Land Surveyor. c. The applicant is responsible for all costs related to the installation, upgrade, alteration, relocation or abandonment of all existing City of Tustin public water facilities affected by the proposed project. d. Prior to issuance of any permit, the applicant shall provide a written release/approval from the East Orange County Water District (EOCWD) for the increase. The applicant shall submit a water permit application to EOCWD, and is responsible for all application, connection and other EOCWD fees. e. The adequacy of a proposed water system plan for the proposed development project, including the number, size and distribution of fire hydrants, must be reviewed by the Orange County Fire Authority (OCFA). Plans meeting OCFA fire protection requirements must be stamped and approved by that agency. The proposed domestic water system plans must conform to all applicable regulations enforced by the Orange County Health Department. PLAN SUBMITTAL (1) 6.1 At the time of building permit application, the plans shall comply with the latest edition of State and City of Tustin adopted codes: California Building Code, California Electrical Code, California Plumbing Code, City Ordinances, and State and Federal laws and regulations. (1) 6.2 Waste Recycling and Reduction Plan: a. Construction and Demolition Waste Recycling and Reduction Plan Exhibit A Resolution No. 4315 Page 7 (WRRP). b. The applicant/contractor is required to submit a WRRP to the Public Works Department. The WRRP must indicate how the applicant will comply with the City's requirement (TCC Section 4351, et al) to recycle at least fifty (50) percent of the project waste material or the amount required by the California Green Building Standards Code. c. The applicant will be required to submit a $50.00 application fee and a cash security deposit. Based on the review of the submitted Waste Management Plan, the cash security deposit in the amount of five (5) percent of the project's valuation as determined by the Building Official, rounded to the nearest thousand, or $2,500, whichever is greater. In no event shall a deposit exceed $25,000. d. Prior to issuance of a permit, the applicant shall submit the required security deposit in the form of cash, cashier's check, personal check, or money order made payable to the "City of Tustin". (1) 6.3 Prior to issuance of a Building Permit(s), the applicant shall provide written approval from the Orange County Sanitation District (OCSD) of sanitary sewer service connections. (1) 6.4 Prior to issuance of a sign permit, the applicant shall submit for review and approval a master sign plan for the property. WATER QUALITY MANAGEMENT PLAN (1) 7.1 Prior to issuance of any permits, the applicant shall submit for approval by the Community Development and Public Works Departments, a Water Quality Management Plan (WQMP). If the WQMP has been determined to be a Priority WQMP, it shall identify Low Impact Development (LID) principles and Best Management Practices (BMPs) that will be used on-site to retain storm water and treat predictable pollutant run-off. The Priority WQMP shall identify: the implementation of BMPs, the assignment of long-term maintenance responsibilities (specifying the developer, parcel owner, maintenance association, lessees, etc.), and reference to the location(s) of structural BMPs. (1) 7.2 Prior to submittal of a Water Quality Management Plan (WQMP), the applicant shall submit a deposit of $2,700.00 to the Public Works Department for the estimated cost of reviewing the WQMP. (1) 7.3 Prior to issuance of any permits, the applicant shall record a "Covenant and Agreement Regarding O & M Plan to Fund and Maintain Water Quality BMPs, Consent to Inspect, and Indemnification" with the County Clerk -Recorder. These documents shall bind current and future owner(s) of the property regarding implementation and maintenance of Exhibit A Resolution No. 4315 Page 8 the structural and non-structural BMPs as specified in the approved WQMP. STREET IMPROVEMENTS (1) 8.1 Street Improvements: a. The applicant shall design and reconstruct the driveway approaches on Newport Avenue to current Federal Americans with Disabilities Act (ADA) requirements. City of Tustin standards shall apply, unless otherwise approved by the City Engineer. Depending on the applicable City standard, an easement on private property may be required, at no cost to the City of Tustin. b. 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. c. Prior to issuance of an Encroachment Permit, the applicant shall submit to the Public Works Department 24" x 36" reproducible street improvement plans, as prepared by a California Registered Civil Engineer, for approval. d. Prior to issuance of an Encroachment Permit for construction within the public right-of-way, a 24" x 36 construction area traffic control plan, as prepared by a California Registered Traffic Engineer, or Civil Engineer experienced in this type of plan preparation, shall be prepared and submitted to the Public Works Department for approval. (1) 8.2 The applicant shall satisfy dedication and/or reservation requirements as applicable, including, but not limited to, dedication in Fee Title of all required street rights-of-way; dedication of all required flood control right-of-way easements; and dedication of vehicular access rights, sewer easements, and water easements defined and approved as to specific locations by the City Engineer (at no cost to the City) and/or other agencies. (1) 8.3 Any damage done to existing public street improvements and/or utilities shall be repaired to the satisfaction of the City Engineer before issuance of a Certificate of Occupancy. 1 1 1 1 1 1 Exhibit A Resolution No. 4315 Page 9 ORANGE COUNTY FIRE AUTHORITY (5) 9.1 Prior to issuance of a building permit, the applicant shall apply and obtain approval for the following applications: a. Fire master plan (service code PR145) b. Architectural (service codes PR200-PR285) c. Underground piping for private hydrants and fire sprinkler systems (service codes PR470-PR475) d. Fire sprinkler systems (service codes PR400-PR465) (5) 9.2 Prior to concealing interior construction, the applicant shall apply and obtain approval for the following applications: a. Sprinkler monitoring system (service code PR500) b. Fire alarm system (service code PR500-PR520) FEES (1) 10.1 Prior to issuance of any permits, payment shall be made of all applicable fees, including but not limited to, the following: • Building and Planning plan check and permit fees • Orange County Fire Authority fees • Orange County Sanitation District fees • East Orange County Water District fees (1) 10.2 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 fifty dollars ($50.00) 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.