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HomeMy WebLinkAboutPC RES 4373 RESOLUTION NO. 4373 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 2017-04 AND DESIGN REVIEW 2017-004 TO AUTHORIZE THE CONSTRUCTION OF A 9,936 SQUARE-FOOT TWO- STORY MEETING ROOM BUILDING, A 2,971 SQUARE- FOOT OFFICE BUILDING EXPANSION, AND 3,608 SQUARE FEET OF OFFICE AND ASSEMBLY AREA IMPROVEMENTS AT ST. CECILIA CHURCH AT 1301 SYCAMORE AVENUE. The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application for Conditional Use Permit (CUP) 2017-04 and Design Review(DR) 2017-004 was filed by Aric Gless on behalf of St. Cecilia Church requesting authorization to construct a new 9,936 square-foot two- story meeting room building, a 2,971 square-foot office building expansion, and 3,608 square feet of office and assembly area tenant improvements located at St. Cecilia Church at 1301 Sycamore Avenue. B. That the proposed project is consistent with the policies of the General Plan "Public/institutional" designation which allows schools and churches. 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 for said application on October 23, 2018, by the Planning Commission. D. That the establishment, maintenance, and operation of the proposed use 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 in that: a. The proposal is consistent with the Public and Institutional Zoning District standards in that places of worship require a conditional use permit and the development standards are determined through the conditional use permit and design review process by the plans approved by the Planning Commission. The uses are appropriate under the General Plan Land Use Element Public/Institutional designation in that the Church functions as a quasi-public use. b. The site is consistent with prior conditions of approval for the parish hall under CUP 75-18. While additional square footage is being proposed, no new uses are being added to the site in that a church and school currently exist on the property. Resolution No. 4373 Page 2 c. Parking for the proposed use can be accommodated on-site, as the required number of parking spaces has been provided based on the most intensive use, which is the church building with 620 seats. All church and school uses shall operate in accordance with the space utilization rates and times described in the Parking Demand Analysis dated June 22, 2018. E. That 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. The location, size, and general appearance of the proposed project, as conditioned, is compatible with the surrounding area in that the scale and massing of the proposed building and addition are consistent with the other buildings on the site. The architectural design, features, and color palette are consistent with the other buildings on the site. In making such findings, the Planning Commission has considered at least the following items: 1. Height, bulk, and area of proposed structures. The two-story height and bulk of the proposed project is compatible with the existing church building and the adjacent two-story residences. 2. Setbacks and site planning. The proposed project is setback approximately ten (10) to twenty (20) feet from adjacent property lines which is consistent with existing property setbacks. 3. Exterior material and colors. The proposed exterior materials and colors appropriate in that they match the existing materials and colors used on the adjacent existing buildings. 4. Type and pitch of roofs. The slope and materials of the roof on the proposed office addition matches the existing building and the flat roof of the proposed two-story meeting room building is accented with a roof element facing Sycamore Avenue that matches the roof of the adjacent church building. 5. Size and spacing of windows, doors and other openings. The proposed size and spacing of windows and doors complement the design of the buildings and soften the appearance of the buildings. 6. Towers and roof structures. The tower element provides architectural interest to the proposed meeting room building. 7. Landscaping, parking area design and traffic circulation. The proposed project includes minor landscaping and parking area improvements which will enhance the overall appearance of the site. Resolution No, 4373 Page 3 8. Location, height and standards of exterior illumination. As condition, the proposed project will comply with site illumination standards and lighting will be directed onto the property. 91, Location and appearance of equipment located outside of an enclosed structure. As conditioned, equipment shall be fully screened below the building parapet or with landscaping. 10. Location and method of refuse storage. As conditioned, the trash enclosure will provide adequate space for trash and recycling and will accommodate trash collection services, 11. Physical relationship of proposed structure to existing structures. The proposed structures are cornplementary to the existing structures in that consistent setbacks and building heights will not detract from adjacent structures. 12. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and' public thoroughfares. The proposed structures are compatible with the existing structures on the property, in that the matching materials, colors and design elements will be utilized. F. This project is Categorically Exempt pursuant to Section 15332, Class 32 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Planning Commission hereby approves Conditional Use Permit 2017-04 and' Design Review 2017-004 to authorize the construction of a new 9,936 square-foot two-story meetingi room building, a 2,971 square-foot office building expansion, and 3,608 square feet of office and assembly area tenant improvements located at St. Cecilia Church at 1301 Sycamore Avenue, subject to conditions contained in Exhibit A attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission held on the 23rd day of October, 2018, AUSTIN LUItMRGA Chairperson ELIZABETH A. BINSACK Planning Commission Secretary Resolution No. 4373 Page 4 STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TU TIN 14 ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Secretary, of the Planning Commission of the City of Tustin, California; that Resolution No. 4373 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 23rd day of October, 2 11 8. PLANNING COMMISSIONER AYES: Kozak, Lunibard, Mason, Thorni)son (4) PLANNING CMMIS,SIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: c lid, ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A RESOLUTION NO. 4373 CONDITIONAL USE PERMIT 2017-04 DESIGN REVIEW 2017-004 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped October 23, 2018, 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 The subject project approval shall become null and void unless permits for the proposed project are issued and substantial construction is underway within one (1) year 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) 1.3 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) 1.4 Approval of Conditional Use Permit 2017-04 and Design Review 2017-004 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 Any violation of any of the conditions imposed is subject to issuance of an administrative citation pursuant to TCC 1162(a). (1) 1.6 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODEIS (7) PC/CC POLICY (4) DESIGN REVIEW "** EXCEPTION Exhibit A- Resolution No. 4373 CUP 2017-04 and DR 2017-004 Page 2 (1) 1.7 Conditional Use Permit 2017-04 and Design Review 2017-004 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. The Community Development Director shall review the use to ascertain compliance with conditions of approval. If the use is not operated in accordance Conditional Use Permit 2017-04 and Design Review 2017-004, or is found to be a nuisance or negative impacts are affecting the surrounding neighborhood, the Community Development Director shall impose additional conditions to eliminate the nuisance or negative impacts. (1) 1.8 As a condition of approval of Conditional Use Permit 2017-04 and Design Review 2017-004, the applicant and property owner 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 and property owner 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. (1) 1.9 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, the applicant shall be required to provide measures to be reviewed and approved by the Community Development Department, Police Chief, and/or Public Works Department. Said measures may include, but are not limited to, the following: A. Adjust hours of operation. B. Reduce the number of congregation/participants and/or employees. C. Reduce and/or eliminate activities. D. Provide additional parking. E. Provide noise attenuation. Exhibit A- Resolution No. 4373 CUP 2017-04 and DR 2017-004 Page 3 USE RESTRICTIONS (4) 2.1 The project shall consist of the construction of a new two-story meeting room building of approximately 9,936 square feet, an office building expansion of approximately 2,971 square feet, office and assembly area improvements in the existing parish hall building, and associated landscape and hardscape improvements. (** ) 2.2 The church building shall be limited to a maximum of 620 seats. Any proposed increase in the number of seats shall be reviewed by the City and City approval is required prior to the installation of additional seats. (***) 2.3 All church and school uses shall operate in accordance with the space utilization rates and times described in the Parking Demand Analysis dated June 22, 2018. Any proposed increase in the utilization rate that could result in parking demand exceeding parking supply shall be submitted to the Community Development Department for review and may require an amendment to the Parking Demand Analysis and/or CUP 2017-04. (4) 2.4 No outdoor storage shall be permitted, except as approved by the Director of Community Development. (***) 2.5 The applicant shall maintain a minimum of 207 on-site parking spaces for church and school use. (4) 2.6 No signs or other forms of advertising or attraction may be placed on the site without approval from the Community Development Department. ARCHITECTURE AND DESIGN (4) 3.1 All roof access shall be provided from the inside of the building. (4) 3.2 No exterior downspouts shall be permitted. All roof drainage shall utilize interior piping and may have exterior outlets into landscaped areas at the base of the building. Any roof scuppers shall be installed with a special lip device so that overflow drainage will not stain the walls. (4) 3.3 All exposed metal flashing or trim shall be painted to match the building. (4) 3.4 All rooftop mounted equipment shall be installed at a minimum height of six (6) inches below the top of the parapet so as not to be visible from the public right-of-way. (4) 3.5 Utility meters located outside of the building shall be screened with landscaping to the greatest extent possible. Exhibit A- Resolution No. 4373 CUP 2017-04 and DR 2017-004 Page 4 (4) 3.6 Onsite lighting shall be designed to contain illumination onto the property and shall not spill out onto adjacent streets or properties. Final site and building lighting shall be reviewed and approved at plan check. PLAN SUBMITTAL (3) 4.1 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) 4.2 Construction and Demolition Waste Recycling and Reduction Plan (WRRP). a. 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 (City Code Section 4351, et al) to recycle at least 65 percent of the project waste material or the amount required by the California Green Building Standards Code. b. The applicant will be required to submit a fifty-dollars ($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, ortwo-thousand-five- hundred dollars ($2,500), whichever is greater. In no event shall a deposit exceed twenty-five-thousand dollars ($25,000). c. 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". PUBLIC WORKS DEPARTMENT (1) 6.1 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. Exhibit A- Resolution No. 4373 CUP 2017-04 and DR 2017-004 Page 5 (1) 5.2 Prior to submittal of a Water Quality Management Plan (WQMP), the applicant shall submit a deposit of two-thousand-seven-hundred dollars ($2,700.00) to the Public Works Department for the estimated cost of reviewing the WQMP. (1) 5.3 Prior to issuance of any permits, the applicant shall record a "Covenant and Agreement Re ardinO & 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 the structural and non-structural BMPs as specified in the approved WQMP. (1) 5.4 Trash enclosures shall utilize the City's standard enclosure designed with roof, to accommodate at least two (2) 4-yd. bins, with at least one (1) bin reserved for recyclable materials. (1) 5.5 Street Improvements: a. 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. b. 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. The plans shall clearly show existing and proposed surface and underground improvements, including construction and/or replacement of any missing or damaged public improvements adjacent to this development. Water Improvement Plans must follow the latest City of Tustin Water Standards and the American Water Works Association (AWWA) guidelines. In case of a conflict, the City of Tustin Water Standards shall prevail. c. The applicant shall remove the northerly driveway approach on Sycamore Avenue. And design and construct curb and gutter and sidewalk per the most current City of Tustin Public Works Standard. 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. Exhibit A- Resolution No. 4373 CUP 2017-04 and DR 2017-004 Page 6 e. Current Federal Americans with Disabilities Act (ADA) requirements shall be met at all driveways and sidewalks adjacent to the site. City of Tustin standards shall apply, unless otherwise approved by the City Engineer. Depending on the applicable City standard, an easement on private property for pedestrian access may be required. In this case, a legal description and sketch of the dedication area, as prepared by a California Registered Civil Engineer or California Licensed Land Surveyor, shall be submitted to the Public Works Department for review and approval. (1) 6.6 Water Improvements: a. In accordance with the plans, a backflow prevention device may be required to protect the public water system from cross connections. A. 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. B. 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. C. 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. Exhibit A- Resolution No. 4373 CUP 2017-04 and DR 2017-004 Page 7 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 pian for the proposed development project, including the number, size and distribution of fire hydrants, must be reviewed by the OCFA. Plans meeting OCFA fire protection requirements must be stamped and approved by that agency. f. The proposed domestic water system plans must conform to all applicable regulations enforced by the Orange County Health Department. g. The development shall comply with all applicable provisions of the City of Tustin Water Quality Ordinance and all Federal, State, and Regional Water Quality Control Board rules and regulations. (1) 5.7 Prior to issuance of a Building Permit(s), the applicant shall provide written approval from the EOCWD of sanitary sewer service connections. (1) 5.8 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. ORANGE COUNTY FIRE AUTHORITY (1) 6.1 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) — This plan shall demonstrate access to and around all proposed structures to within 150 feet of an access road. 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) Exhibit A- Resolution No. 4373 CUP 2017-04 and DR 2017-004 Page 8 (1) 6.2 Prior to concealing interior construction, the applicant shall apply and obtain approval for the following applications: a. Fire alarm system (service code PR500-PR520) FEES (1) 7.1 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. (1) 7.2 Prior to the issuance of any building permits, payment shall be made for all applicable fees, including but not limited to, those listed below. 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. B. Orange County Fire Authority plan check and inspection fees to the Community Development Department. C. Any applicable sewer and water connection fees to OCSD and EOCWD. D. New development tax to the Community Development Department based upon the most current schedule. E. Any applicable school facilities fees to the Tustin Unified School District based upon the most current schedule. Proof of payment shall be provided to the Community Development Department prior to issuance of building permits. F. Major Thoroughfare and Bridge fees to the Public Works Department. With proof of exemption from the payment of property taxes,the project is exempt from the payment of Major Thoroughfare and Bridge.fees.