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HomeMy WebLinkAbout03 CUP 99-018 DR 03-017 Amend. ITEM #3 Report to the Planning Commission DATE: SEPTEMBER 27, 2004 AMENDMENT TO CONDITIONAL USE PERMIT 99-018 DESIGN REVIEW 03-017 SUBJECT: PROPERTY OWNER: CONGREGATION B'NAIISRAEL 2111 BRYAN AVENUE TUSTIN, CALIFORNIA 92780 ATTN: SHEILA WITZLlNG, PRESIDENT CONGREGATION B'NAIISRAEL 2111 BRYAN AVENUE TUSTIN, CA 92780 APPLICANT: LOCATION: 2111 BRYAN AVENUE ZONING: COMMUNITY FACILITY - EAST TUSTIN SPECIFIC PLAN ENVIRONMENTAL STATUS: ,THIS PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO SECTION 15332 (CLASS 32) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. REQUEST: TO CONSTRUCT PHASE III, INCLUDING A PERMANENT 7,076 SQUARE FOOT, TWO-STORY BUILDING, INCLUDING CLASSROOMS AND ADMINISTRATION OFFICES (PHASE III), AND TEMPORARILY RELOCATE AN EXISTING MODULAR CLASSROOM BUILDING DURING CONSTRUCTION AT 2111 BRYAN AVENUE; AND MODIFY CONDITIONS 2.1 AND 2.2 OF RESOLUTION NO. 3689 TO EXTEND THE USE OF THE EXISTING MODULAR BUILDING UNTIL CONSTRUCTION OF THE PERMANENT BUILDING IS COMPLETED. RECOMMENDATION That the Planning Commission adopt Resolution No. 3934 amending Conditional Use Permit 99-018 and approving Design Review 03-017. Planning Commission Report Amendment to CUP 99-018 & DR 03-017 September 27,2004 Page 2 BACKGROUND Two phases of the master plan for the development of the religious temple and educational facility have been constructed at 2111 Bryan (Attachment A - Location Map). Phase I was completed in late 1992 and included the construction of 10,969 square feet including a multi-purpose room, offices and classrooms. Phase II was completed in July 1999 and included the construction of 11,408 square feet including a sanctuary with 350 fixed seats, offices, classrooms, and a retail/gift shop. In accordance with the Master Plan, Phase III of the master plan could include the construction of 13,382 square feet with additional classrooms; the applicant is proposing 7,076 square feet of classroom and administrative office area. Previous approvals are shown below: Case # Design Review 90-23 Conditional Use Permit 91- 002 Conditional Use Permit 92- 044 Design Review 97-026 Conditional Use Permit 99- 018 Project Description Date Approved Authorized a conceptual master plan for a temple/educational facility, construction of Phase I facilities and operation of a preschool for a maximum of 64 children during the hours of 8:30 a.m. to 3:30 p.m. Amended DR 90-23 and CUP 91-002 to allow a 25' reduction in the rear setback. The original design included a 65-foot rear setback between the structure and the rear property line. CUP 92- . 044 reduced the setback to 40 feet. Authorized the construction of Phase II construction of the master plan. A total of 135 parking spaces were required to accommodate peak demand. Authorized an increase in enrollment and modification of the hours of the preschool and installation of a temporary modular structure for preschool classroom use. May 13,1991 August 26, 1991 November 23, 1992 February 23, 1998 September 13, 1999 Public Noticing A public hearing notice identifying the time, date, and location of the public hearing for the proposal was published in the Tustin News on September 16, 2004. In addition, pursuant to Condition 1.2 of Resolution No. 4005, all homeowners within a 300-foot radius of the property were required to be notified of all future phases of development on the subject property, therefore, they were notified of the hearing by mail and notices were posted on the site and at City Hall on September 16, 2004. The applicant was informed of the availability of the agenda and staff report for this item. Planning Commission Report Amendment to CUP 99-018 & DR 03-017 September 27, 2004 Page 3 Site and Surrounding Properties The site is located at the northwest corner of Bryan Avenue and Parkcenter Lane within the East Tustin Specific Plan area. The 2.8-acre site is bordered primarily by residential uses on the north, south, east, and west. In addition, a Southern California Edison Company substation is located adjacent to the western property line and an Orange County Flood Control District channel traverses the southern portion of the site. DISCUSSION The applicant is requesting approval to amend Conditional Use Permit 99-018 to continue to use the modular classroom building for one (1) year longer than five (5) years as approved by CUP 99-018 to accommodate construction of a permanent classroom building. The applicant is also requesting approval of Design Review 03-017 for site and building review of the permanent 7,076 square foot classroom and administrative office building, to be generally located within the same footprint of the existing modular structure. The 1,440 square foot modular structure is located east of the main building between the trellis-covered patio and the parking lot and would be temporarily relocated in the parking area immediately to the east of the current location (See Attachment B - Modular Relocation Plan). The twenty-four (24) foot by sixty (60) foot structure is comprised of two twelve (12) foot by sixty (60) foot modular units that sit approximately two (2) feet above ground and are fully skirted. Access to the modular structure will continue to be provided on a wooden ramp and deck system facing the existing building and playgrounds. Per CUP 99-018, seventy-nine (79) pre-school children use the facility from 6:30 a.m. to 6:00 p.m. Per Conditions 2.1 and 2.2 of Resolution No. 3689, the modular classroom was permitted to be located at the current location for a period of five (5) years from September 13, 1999, and when the permanent building was to eventually be built, a temporary relocation plan for the modular structure was to be submitted to the City. The applicant is requesting modification of Conditions 2.1 and 2.2 to accommodate the proposed project while maintaining operational classrooms. The conditions would be modified as follows: 2.1 The modular classroom structure shall be removed from the subject property prior to issuance of a Certificate of Occupancy for Phase III development or within five (5) six (6) years from the adoption date of this resolution, September 13, 2004 2005, whichever occurs first. The modular structure may be relocated along the southern boundary of the property Planning Commission Report Amendment to CUP 99-018 & DR 03-017 September 27,2004 Page 4 during construction and shall be removed prior to issuance of a Certificate of Occupancy for Phase III development. A relocation plan for the modular structure shall be submitted to the Community Development Department for review and approval prior to issuance of building permits 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 prior to issuance of building permits for the modular structure. 2.2 If Phase III construction has not been undertaken within the five (5) six (6) years from the date of this resolution, the modular classroom structure shall be removed and the footprint area shall be landscaped. A landscape plan for this area shall be submitted to the Community Development Department for review and approval prior to issuance of building permits for the modular structure. The modular classroom area will be fenced from the construction area, will continue to have access to the playground area, and will have approved hours of operation for the preschool per CUP 99-018 from 6:30 a.m. to 6:00 p.m. to coincide with the typical drop- off and pick-up hours. Site Plan The proposed 7,076 square foot, two-story structure will have two (2) preschool classrooms for up to fifty (50) children, a reception area, office, and restroom on the first floor with direct access along the west side of the building, and three emergency exit doors along the east elevation; the second floor will have three (3) elementary school classrooms with operable partitions for different classroom configurations for up to eighty (80) children, a small kitchen, restrooms, and closets. Condition 5.4 is included to require the applicant to obtain the necessary license(s) issued by the State Department of Social Services for an elementary school with eighty (80) children and pre-school with fifty (50) children and deliver to the Community Development Director prior to issuance of a Certificate of Occupancy. Access to the second floor will be via internal stairs through the first-floor reception area at the north end of the building, and via an outdoor deck and external stairs at the south end of the building immediately adjacent to the Orange County Flood Control Channel. The hours of operation will be as follows per Condition 5.3: Planning Commission Report Amendment to CUP 99-018 & DR 03-017 September 27,2004 Page 5 Preschool First Floor Offices Monday-F riday Monday-Thursday Friday Mon, Tues, Thursday Wednesday Sunday 7:00 a.m. to 6:00 p.m. 8:30 a.m. to 5:30 p.m. 8:30 a.m. to 5:30 p.m. 4:00 p.m. to 6:00 p.m. 4:00 p.m. to 8:00 p.m. 9:00 a.m. to 12:00 p.m. Hebrew School There are two access driveways to the site; one on Bryan Avenue and one on Parkcenter Lane (Attachment C - Site Plan). No changes to the existing drive aisle that extends behind the sanctuary and connects the entrance on Bryan Avenue to the entrance on Parkcenter Lane are proposed. No additional parking is proposed. In accordance with the East Tustin Specific Plan, the off-street parking requirement for a preschool is one space for every five (5) children and one space for each staff member, and two (2) spaces for each classroom elementary schools. However, the total required parking for the entire facility is based on the assumption that simultaneous uses will be limited. Previous conditions of approval for Conditional Use Permit 91-002, Design Review 97- 026, and Conditional Use Permit 99-018 limit the number of simultaneous events to that which can be accommodated by the minimum number of required parking spaces. Only uses for which parking is provided may operate simultaneously. These uses include the social hall or the sanctuary or the preschool facility, office/administration area, gift shop, classrooms, and the classroom. The off-street parking requirement for the existing and proposed pre-school, offices, and classrooms is 98 spaces. The social hall requires 114 off-street parking spaces; however, the sanctuary requires 135 off-street parking spaces. The use of the sanctuary generates the largest number of parking spaces which can be accommodated by the existing 163 parking spaces. Conditions 5.1 and 5.2 of Resolution 3934 include limitations for simultaneous uses and parking. Arch itectu re/Landscapi na The structure will have a plaster finish and light tan building color to match the existing buildings. A second, darker tan color will be located along the first floor on the east elevation, on the external stairs on the south elevation, and around the first floor windows on the west and north elevations. The wood fascia canopy will be located along the west elevation, over the classroom windows, and a smaller matching canopy over the top of the stairs on the south elevation. The east, south, and west elevations will have a flat parapet roof with a tile accent at the parapet cap; a low pitched roof (3: 12) with barrel tiles to match the existing buildings will be located at the north end of the building. Planning Commission Report Amendment to CUP 99-018 & DR 03-017 September 27,2004 Page 6 The applicant will remove the temporary "greenscreen" that screened the modular structure and will maintain the existing trees. In addition, the applicant will install a thirty- six (36) inch box Magnolia Grandiflora tree at the northwest corner of the building and a twenty-four (24) inch Tristania Conferta at the southeast corner of the building, and will install perimeter landscaping along the north and east elevations, including: Yellow Daisy, Photinia, Shiny Xilosma Japanese Boxwood, Heavenly Bamboo, India Hawthorne, Day Lily, and Peacock Flower (Attachment D - Architectural and Landscaping Plans). Views of the structure would be screened from residences to the north and east by existing and proposed trees. Condition 7.1 is included to require the applicant to maintain the trees and groundcover in a healthy condition. Noise The activities in the existing outdoor playground and patio area will generate background noise that is not anticipated to exceed the standards of the Noise Ordinance. If the City is advised that a noise problem exists as a result of the school, Condition 5.2 would require the applicant to submit a noise analysis and implement mitigation measures. ANAL YSIS In determining whether to amend the Conditional Use Permit and approve the Design Review, the Planning Commission must determine whether or not the proposed use will be detrimental to the health, safety, morals, comfort, and general welfare of the persons residing in or working in the neighborhood or whether it will be injurious or detrimental to property or improvements in the vicinity or to the welfare of the City. A decision to approve this request may be supported by the following findings: 1) The proposed use is consistent with the East Tustin Specific Plan and the City of Tustin General Plan in that the "Community Facility" zoning district conditionally permits schools and the "Planned Community Residential" land use designation provides for schools which are compatible and oriented towards serving the needs of residential neighborhoods. 2) The propose project for a 7,076 square foot classroom and administrative office building is less than the 13,382 square feet authorized on the conceptual master plan per Design Review 90-23 and Conditional Use Permit 91-002. 3) As conditioned, the temporary structure and proposed classroom building will not have a negative effect on the surrounding property owners or impact Planning Commission Report Amendment to CUP 99-018 & DR 03-017 September 27,2004 Page 7 the availability of off-street parking in that the increase in enrollment and staffing of the preschool and the proposed classrooms and administrative offices will not increase the total number of required on-site parking spaces (135) during operation of the preschool, offices, and classrooms. No activities will be scheduled simultaneously that would require more parking spaces than are provided. Should there be a problem with parking, the applicant will be required to prepare a formal parking demand analysis and implement mitigation measures required by the City. 4) The proposed structure, use, and location, as conditioned, will not be a detriment to the public health, safety, welfare, and aesthetics of the community since the structure will be constructed in the approximately the same location as the existing modular structure, consisting of classrooms as previously anticipated for Phase III facilities. 5) The proposed temporary structure and proposed use, as conditioned, will not be detrimental to the surrounding properties in that the structure is placed near the southern property boundary at a distance from residential properties to the north, east, and south. The structure will be screened with landscaping that is required to be maintained in a healthy condition. The proposed temporary structure and use will not be detrimental to the surrounding properties in that the hours of operation of the preschool will be limited to daytime Monday through Friday, except until 8:00 p.m. on Wednesday and Sundays from 9:00 a.m. to 12:00 p.m. In addition, the applicant would be required to submit a noise analysis and implement mitigation measures if a nuisance is created by the level of noise generated from the preschool playground area. ;# MI tv iff Matt West Associate Planner 6) ? ( < 0J\1;L. I ~. f .l v'-.- Karen Peterson Senior Planner Attachments: A. Location Map B. Modular Relocation Plan C. Site Plan D. Architectural and Landscaping Plan E. Resolution No. 3934 S:\Cdd\PCREPORT\DR03-017(BNai-Phaselll) .doc ATTACHMENT A LOCATION MAP LOCA TJON MAP rTI PROJECT NO. ADDRESS DR 03-017 Amendment to CUP ~9-018 LOCATION: 2111 Bryan Avenue (Lot 15 of Tract 12763) REQUEST: ATTACHMENT B MODULAR RELOCATION PLAN - III ¡""-il !;II ,!ìÎ -.------J¡ , \ ! \ ¡~¡ v \ \ \ \, \ \. " \ \ 1,1.1¡lijl!' IIIII I IIIII I! ;! ~q J í . e u! d "' " C .. 0 - ffi } ~ ~ "'~ ~ ð ~ ~ om~ 11 ..11 II II II I IIIIIIII Iii II.' I! III ~~-- --! r-I 11 ~ =: I¡=~ [ß~ ~~ !z~~- ~~ "'0 "'.. !~d ..~, ¡ ! - '¥ ~I ~I" ~i~ r1~_1 r1'--T+-1 I I, ,I I I I,' \1 I I Ii \I I I t '~ !-I~ ... ..¡'k-_"--"'--+-;\ --1- I ~_J '---11 I ~ r------jl I I' , , I I' ~ ; II , I Iii I I I ~~ ;: \: j ~ i'-~ r,:- - --fffi& - -. ;I-::-~- ~ II\.- I ~ ( : '¡ ~"I I ' ~ II I " ¡!--J, .,1 I I '. ..1 I ': .~'~"")~~::-~-T1 I I' , --~--'":1-l. It \ --- "~,_._-_._._- L..........-! r ,-- - 1 Ie- 1;- ,¡--- n--- I' r---.--J / ~ ~~ I ~-, II I n -ll=~1 T I eJ 1-.- - ,:::I , II I ! I ¡ 11i, !! !!"I IIIII'WII '[iii, hi-it. ,I.!, ¡ !' "¡'I' I , ,¡, I ¡!, ! I JI]III" ,I ¡, nUl! J I Ll I I 1 I ~ I r~ , ' =1- ----------- .----------- i~ ::>~ ~~ ;!õ "-' ow .." ~ ATTACHMENT C SITE PLAN , ,!;I, ,! 1" il! ¡¡ .11 ¡ JJ! = ~~ . .~ :I 1~ .~ .. ::'i lJ U lID ..... - ~I ~ . I I r i~ . ! I II illl i Illi . I I 11111 - - -----¡ - J P!iJ1~~ d I ~ -1 t~ 1- H ! !tl~!. t ! , . ""'fwi.f.I""""""""'" j ~ IJl!lIÎ J 1- I ¡ I i , , I I i I i I i I ¡ , i I i I i I i I i , i I i I i I ¡ , !I Ii I i : I I I I , ¡ I i I ¡ I i , i I I I I ¡ I i , I I i I ¡ I i I ¡ , ¡ I i I I I I i : I I i I ¡ I I d II .. II I II I ill H II III Ii III I 11!3 R I!' I Ii P . ,I I ,f, I - ¡ oil ' i I'I I I I I! I!I ; I I I I .lli II ill ,~ -/ ....}..... "'.... ....c; I ~...t to'.' I ":~l\,\.J:.. ,," III -.:'::.:.. W ",:"', !'I "'....... ...-'" I' ~)~ .~. J. ~..~~ ,'/. ,,~ ' ~ ~ \.t ,.. 0, ! ,,~, -I; ,/,/~' : il .,.þo., .r.~~." ~ /~ i'~ w, i ~~" "".. I I i ! I! ! II! r ! Iii mli . .. ..... I ! I I I ,,; I ~, I i ill I .5,s I IL ntH ..O! II ... ! ! I! ! ( n¡ ;111 !W¡ i !n; . . ,. ~r. ¡ ¡ ! .. I ml aD II II I,ll I ~lìlilil, lIiI 1111 1111 I 8 I ¡ ~III I; .1 III I I ~ I I I I ,~ . s I I~ ,.~ i I I h ! I . t I ~ ATTACHMENT D ARCHITECTURAL AND LANDSCAPING PLAN !.B IJj- H I I Igl~1 111]IJ;.'!!J 1 If 1 . oj J~ }I -I!' a J:! ~ I I ! I I t I I ~ ~-' H_~i h l~ ~1 t II ~ M I ~ .1 ¡ P!il'~ij d I ! " I', ~I 1i1~HI ! ~ I , 111~' 1 t ~I 1~! 111",. J B ," , , , , ,.~. .. \' , , , , , , , , , , , , , , , , , J ~ ILl ¡ J I " I ¡ I I I I .. I I " I I ! I II I V I I ~ I Ill!!! ':ii... ;.:.IJ . w:; I I I' c ~ I I g - ลก l J =~ J~ ~~ d III III Ii, .-.---- -- ___.m_- I I r- ------.-----..-.-.- i: l-~ --~ I f/ I f I I I i J. '< \ \ in J.i ~I Y,.' n §~i . ?--~"'b,- . \ II ,_,~ ' \ 1:- I \\ '. r ;,I--;-~- \, í \"J 'e' ,~ \ I-; i I [, f"'\ '\.;,:. !'rtl ..\.\ ¡.. ',I' r'~ , III II I ---.--------- I t=~ I ; I . I I I I I I I I I I I I I ! :1 I I I I I I I I I I I I I I I I I I I II II I I iI' ! ;,1 - 1'1' '" i I ¡¡'I Iii I i~ ., .1, " i,¡lil .~ 1101 I~ ! 'íI!!1 ì I IIII! I Ilh!llliI Ii. z <': !> ¡\ ~ 1r ~ « u V) 0 "7 :.ï' _J r IX « ?; L § < I ~ I~ ~J I II Ii i :1 ;~ ! ! n Î 0 à æ .1 '" "' ~ Ii 1'1 ~~! ¡ ~ W Z II/". ¡'.:t. 3.<, ~ ~" ~ ~ U 'GJI'",..., ~ e00e0 - X ::L il df C'? I . ! ~Iu I., ~~ , !m ~!~ illi f~lj IIi hn lid iii ATTACHMENT E RESOLUTION NO. 3934 RESOLUTION NO. 3934 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, AMENDING CONDITIONAL USE PERMIT 99- 018 TO EXTEND THE USE OF THE EXISTING MODULAR BUILDING UNTIL CONSTRUCTION OF THE PERMANENT BUILDING IS COMPLETED AND DESIGN REVIEW 03-017 TO CONSTRUCT A 7,076 SQUARE FOOT CLASSROOM BUILDING WITH ADMINISTRATIVE OFFICES AT 2111 BRYAN AVENUE. The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. B. C. A proper application, Design Review 03-017 and Amendment to Conditional Use Permit 99-018, was filed by B'Nai Israel Congregation, to construct a permanent 7,076 square foot, two-story building, including classrooms and administration offices, and a request to modify Conditions 2.1 and 2.2 of Resolution No. 3689 to extend the use of the existing modular building until construction of the permanent building is completed at 2111 Bryan Avenue within the East Tustin Specific Plan Community Facility zoning district and the Planned Community Residential General Plan land use designation. That a public hearing was duly called, noticed, and held for said application on September 27,2004, by the Planning Commission. That the establishment, maintenance, and operation of the propqsed 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: 1) The proposed use is consistent with the East Tustin Specific Plan and the City of Tustin General Plan in that the "Community Facility" zoning district conditionally permits pre-schools and elementary schools, and the "Planned Community Residential" land use designation provides for schools which are compatible and oriented towards serving the needs of residential neighborhoods. . 2) The propose project for a 7,076 square foot classroom and administrative office building is less than the 13,382 square feet authorized on the conceptual master plan per Design Review 90- 23 and Conditional Use Permit 91-002. 3) As conditioned, the temporary structure and proposed classroom building will not have a negative effect on the surrounding property owners or impact the availability of off-street parking in Resolution No. 3934 Page 2 D. that the increase in enrollment and staffing of the preschool and the proposed classrooms and administrative offices will not increase the total number of required on-site parking spaces (135) during operation of the preschool, offices, and classrooms. No activities will be scheduled simultaneously that would require more parking spaces than are provided. Should there be a problem with parking, the applicant will be required to prepare a formal parking demand analysis and implement mitigation measures required by the City. 4) The proposed structure, use, and location, as conditioned, will not be a detriment to the public health, safety, welfare, and aesthetics of the community since the structure will be constructed in the approximately the same location as the existing modular structure, consisting of classrooms as previously anticipated for Phase III facilities. 5) The proposed temporary structure and proposed use, as conditioned, will not be detrimental to the surrounding properties in that the structure is placed near the southern property boundary at a distance from residential properties to the north, east, and south. The structure will be screened with landscaping that is required to be maintained in a healthy condition. 6) The proposed temporary structure and use will not be detrimental to the surrounding properties in that that the hours of operation of the preschool will be limited to daytime Monday through Friday, except until 8:00 p.m. on Wednesday and Sundays from 9:00 a.m. to 12:00 p.m. In addition, the applicant would be required to submit a noise analysis and implement mitigation measures if a nuisance is created by the level of noise generated from the preschool playground area. Pursuant to Section 9272 of the Tustin Municipal Code, the Planning Commission finds that the location, size, architectural features, and general appearance of the proposed development will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole because the building location will be in approximately the same footprint as the existing modular building, and the building is designed to match colors, materials, and style of the existing contemporary Spanish Colonial buildings. In making such findings, the Commission has considered at least the following items: 1. 2. 3. 4. 5. Height, bulk, and area of buildings. Setbacks and site planning. Exterior materials and colors. Type and pitch of roofs. Size and spacing of windows, doors, and other openings. Resolution No, 3934 Page 3 E. 6. Towers, chimneys, roof structures, flagpoles, radio and television antennae. Location, height, and standards of exterior illumination. Landscaping, parking area design, and traffic circulation. Location and appearance of equipment located outside an enclosed structure. Location and method of refuse storage. Physical relationship of proposed structures to existing structures in the neighborhood. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. Proposed signage. Development Guidelines and criteria as adopted by the City Council. 7. 8. 9. 10. 11. 12. 13. 14. The project is categorically exempt pursuant to Section 15332 (Class 32) of the California Environmental Quality Act. The Planning Commission hereby approves Design Review 03-017 and Amendment to Conditional Use Permit 99-018 to construct a permanent 7,076 square foot, two-story building, including preschool and elementary school classrooms and administration offices, and modify Conditions 2.1 and 2.2 of Resolution No. 3689 to extend the use of the existing modular building until construction of the permanent building is completed at 2111 Bryan Avenue, subject to the conditions contained within Exhibit A attached hereto. II. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 2yth day of September, 2004. JOHN NIELSEN Chairperson ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA) COUNTY OF ORANGE) CITY OF TUSTIN ) I, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 3934 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 2yth day of September, 2004. ELIZABETH A. BINSACK Planning Commission Secretary GENERAL (1 ) (1 ) (1 ) (1 ) (1 ) 1.1 1.2 1.3 1.4 1.5 EXHIBIT A RESOLUTION NO. 3934 AMENDMENT TO CONDITIONAL USE PERMIT 99-018 AND DESIGN REVIEW 03-017 CONDITIONS OF APPROVAL The proposed project shall substantially conform with the submitted plans for the project date stamped, September 27, 2004, 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. 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 is received by the Community Development Department within thirty (30) days prior to expiration. All conditions in this Exhibit shall be complied with prior to issuance of building permits or as specified, subject to review and approval by the Community Development Department. Amendment of Conditional Use Permit 99-018 and approval of Design Review 03-017 are 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. As a condition of approval of Design Review 03-017 and amendment Conditional Use Permit 99-018, the applicant shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision-making body, including staff, concerning this project. The City agrees to promptly notify the applicant of any such claim or action filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in defense of any such action under this condition. Exhibit A Resolution No. 3934 Page 2 (1 ) (1 ) (1 ) 1.6 Any violation of any of the conditions imposed is subject to the payment of a civil penalty of $100.00 for each violation, or such other amounts as the City Council may establish by ordinance or resolution, and for each day the violation exists, subject to the applicable notice, hearing, and appeal process as established by the City Council ordinance. 1.7 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. 1.8 Unless otherwise specified within Resolution No. 3934, all conditions contained in Planning Commission Resolution Nos. 2901, 2943, 3689, and 4005 shall continue to apply to the project. Conditions 2.1 and 2.2 of Resolution No. 3689 shall be amended to read as follows: "2.1 The modular classroom structure shall be removed from the subject property prior to issuance of a Certificate of Occupancy for Phase III development or within six (6) years from the adoption date of this resolution, September 13, 2005, whichever occurs first. The modular structure may be relocated along the southern boundary of the property during construction and shall be removed prior to issuance of a Certificate of Occupancy for Phase III development. A relocation plan for the modular structure shall be submitted to the Community Development Department for review and approval prior to issuance of building permits 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 prior to issuance of building permits for the modular structure. 2.2 If Phase III construction has not been undertaken within the six (6) years from the date of this resolution, the modular classroom structure shall be removed and the footprint area shall be landscaped. A landscape plan for this area shall be submitted to the Community Development Department for review and approval prior to issuance of building permits for the modular structure." (1) (2) (3) (4) *** SOURCE CODES STANDARD CONDITION CEQA MITIGATION UNIFORM BUILDING CODE/S DESIGN REVIEW EXCEPTIONS (5) (6) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY Exhibit A Resolution No. 3934 Page 3 BUILDING (1) 2.1 (1 ) 2.2 (1 ) 2.3 At the time of building permit application, the plans shall comply with the most recently adopted codes. The City is currently using the 2001 California Building Code (CBC), 2001 California Mechanical Code (CMC), 2001 California Plumbing Code (CPC), 2001 California Electrical Code (CEC), California Title 24 Accessibility Regulations, City Ordinances, and State and Federal laws and regulations. Building plan check submittal shall include the following: . Seven (7) sets of construction plans, including drawings for mechanical, plumbing, and electrical. . Two (2) copies of structural calculations. . Two (2) copies of Title 24 energy calculations. . Elevations that include all proposed dimensions, materials, colors, finishes, and partial outlines of adjacent buildings on-site and off-site where applicable. . Details for the proposed windows and doors. . The location of any utility vents or other equipment shall be provided on the roof plan. . Cross-section details showing the installation of the proposed rooftop equipment. Rooftop equipment shall be installed and maintained so as not to be visible from the public right-of-way. An elevation showing rooftop equipment installation related to the height of the parapet and proposed equipment must be identified at plan check submittal and any design of required screening will be subject to the approval of Community Development Department Director. . A note shall be provided on the plans that "All parking areas shall be illuminated with a minimum of one (1) foot-candle of light, and lighting shall not produce light, glare, or have a negative impact on adjacent properties." . Note on plans that no field changes shall be made without prior approval from the Building Official and architect or engineer of record. . A relocation plan for the temporary modular structure shall be submitted. The plans submitted shall indicate that restrooms are accessible to persons with disabilities as per State of California Accessibility Standards (Title 24). Plumbing fixture units are required to comply with the 2001 California Plumbing Code Chapter four (4) Table 4-1 as per type of group occupancy, or as approved by the Building Official. Exhibit A Resolution No. 3934 Page 4 (1 ) (1 ) (1 ) (1 ) (1 ) (1 ) (1 ) (1 ) 2.4 Vehicle parking, primary entrance to the building, the primary paths of travel, cashier space, sanitary facilities, drinking fountain, and public telephones shall be accessible to persons with disabilities. 2.5 Prior to permit issuance, clearance from the Orange County Fire Authority is required. 2.6 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 96-inch wide loading area. 2.7 A landscape/ irrigation plan shall be submitted for review and approval. 2.8 Prior to issuance of demolition permits, four (4) sets of final grading plans consistent with the site and landscaping plans as prepared by a registered civil engineer shall be submitted and shall include the following: . Technical details and plans for all utility installations including telephone, gas, water, and electricity. . Three (3) copies of precise soil report provided by a civil engineer and less than one (1) year old. Expanded information regarding the levels of hydrocarbons and ground water contamination found on-site shall be provided in the soil report. All pavement "R" values shall be in accordance with applicable City of Tustin standards. . Information demonstrating that all site drainage shall be handled on-site and will not be permitted to drain onto adjacent properties. . Information demonstrating that all drainage, vegetation, circulation, street sections, curbs, gutters, sidewalks, and storm drains will comply with the on-site Private Improvement Standards. . Two (2) copies of Hydrology Report. 2.9 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. 2.10 The engineer of record shall submit a pad certification to the Building Division for review and approval prior to the issuance of a building permit. 2.11 A surety/cash bond shall be required to assure work is completed in accordance with approved plans prior to permit issuance. The engineer's estimated cost of the grading, drainage, and erosion control shall be submitted to the Building Official for determination of the bond amount. Exhibit A Resolution No. 3934 Page 5 (1 ) (1 ) (1 ) (1 ) (1 ) 2.12 Information to ensure compliance with requirements of the Orange County Fire Authority, including information regarding fire flow and installation of fire hydrants, shall be submitted and subject to approval of the City of Tustin Public Works Department and/or the Irvine Ranch Water District. 2.13 Prior to issuance of building permits, the applicant shall submit for approval by the Community Development and Public Works Departments, a Water Quality Management Plan (WQMP) specifically identifying Best Management Practices (BMPs) that will be used on-site to control predictable pollutant run-off. This WQMP shall identify the: structural and non-structural measures specified detailing implementation of BMPs whenever they are applicable to the project; the assignment of long-term maintenance responsibilities (specifying the developer, parcel owner, maintenance association, lessee, etc.); and, reference to the location(s) of structural BMPs. 2.14 Prior to submittal of a Water Quality Management Plan (WQMP), the applicant shall submit a deposit of $2,700.00 for the estimated cost of review of the WQMP to the Building Division. The actual costs shall be deducted from the deposit, and the applicant shall be responsible for any additional review cost that exceeded the deposit prior to issuance of grading permits. Any unused portion of the deposit shall be refunded to the applicant. 2.15 Prior to issuance of any permits, the property owner shall record a Notice of Water Quality Management Plan (WQMP) with the County Clerk Recorder on a form provided by the Community Development Department to inform future property owners of the requirement to implement the approved WQMP. 2.16 The Community Development and Public Works Department shall determine whether any change in use requires an amendment to an approved Water Quality Management Plan. (1) 2.17 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) 2.18 Pursuant to the City of Tustin's Security Ordinance and the Uniform Fire Code, street numbers shall be displayed in a prominent location on the street side of the building. The numerals shall be no less than six (6) inches in height and shall be of contrasting color to the background to which they are attached and illuminated during hours of darkness. (1 ) 2.19 No outdoor storage shall be permitted except as approved by the Tustin Community Development Director. Exhibit A Resolution No. 3934 Page 6 (1 ) (1 ) (1 ) (1 ) 2.20 Trash service shall be provided on-site with surrounding enclosures and shall be located on the property and maintained to avoid health issues for neighboring properties. Adequate size trash enclosures with solid metal, self-closing, self-latching gates shall be provided. Said enclosures shall be screened by a solid decorative wall consistent with the adjacent building's material and finish and be of a minimum height of six feet. The actual location of the enclosures and types of screening and details of the enclosures shall be submitted at building plan check and are subject to approval by the Community Development Department. The location of the bin, size, and quantity shall be reviewed and accepted in writing by Federal Disposal. 2.21 The applicant shall comply with all City policies regarding short-term construction emissions, including periodic watering of the site and prohibiting grading during second stage smog alerts and when wind velocities exceed 15 miles per hour. 2.22 Access to two (2) exits are required from rooms containing daycare through second grade when occupant load exceeds six (6) children. 2.23 The applicant shall obtain any necessary approvals from the Orange County Flood Control District to construct a building adjacent to the flood control channel. ENGINEERING (C) 3.1 (C) 3.2 (C) 3.3 Any damage done to existing street improvements and utilities shall be repaired before issuance of a Certificate of Occupancy for the project. Prior to any work in the public right-of-way, an Encroachment Permit must be obtained from and applicable fees paid to the Public Works Department. A Transportation/Overlimit Permit shall be required for all extra-legal loads as defined in Section 320.5 of the California Vehicle Code. ORANGE COUNTY FIRE AU1JjORITY (OCFA) (5) (5) 4.1 4.2 Prior to the issuance of any grading permits, the applicant shall submit a fire master plan to the Fire Chief for review and approval. Please contact the OCFA at (714) 744-0499 or visit the OCFA website at www.ocfa.org for a copy of the "Guidelines for Emergency Access." Prior to the issuance of a building permit, the applicant shall submit plans for the required automatic fire sprinkler system in any structure to the Fire Chief for review and approval. Please contact the OCFA at (714) 744- 0499 to request a copy of the "Orange County Fire Authority Notes for New NFPA 13 Commercial Sprinkler Systems." Exhibit A Resolution No. 3934 Page 7 (5) 4.3 (5) 4.4 (5) 4.5 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 all-weather fire protection access roads shall be in place and operational before any combustible material is placed on-site. Building permits will not be issued without OCFA approval obtained as a result of an on-site inspection. Please contact the OCFA at (714) 744- 0499 to obtain a copy of the standard combustible construction letter. Prior to the issuance of a building permit, the applicant shall submit architectural plans for the review and approval of the Fire Chief if required per the "Orange County Fire Authority Plan Submittal Criteria Form." Please contact the OCFA at (714) 744-0499 for a copy of the Site/Architectural Notes to be placed on the plans prior to submittal. 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. Please contact the OCFA at (714) 744-0499 or visit the OCFA website to obtain a copy of the "Guideline for New and Existing Fire Alarm Systems." USE RESTRICTIONS (***) 5.1 (1 ) 5.2 (1 ) 5.3 A total of 135 parking spaces are required for the Phase I, Phase II, and Phase III. No activities shall be scheduled simultaneously in the social hall, sanctuary, and office/classroom facilities, including the proposed temporary classroom structure. 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 classrooms and administrative offices, the Community Development Director may require the applicant to 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 mitigation measures to be reviewed and approved by the Community Development Department and/or Public Works Department. Said mitigation measures may include, but are not limited to, the following: a) adjust hours of operation, b) reduce student enrollment. The applicant and/or school operator shall provide a copy of the license issued by the State Department of Social Services for an elementary school with eighty (80) students and pre-school with fifty (50) students to the Community Development Director prior to issuance of a Certificate of Occupancy for the modular structure. The hours of operation shall be as follows: Preschool First Floor Offices Monday-Friday Monday-Thursday Friday 7:00 a.m. to 6:00 p,m. 8:30 a.m. to 5:30 p.m. 8:30 a.m. to 5:30 p.m. Exhibit A Resolution No. 3934 Page 8 (1 ) (1 ) (1 ) 5.4 5.5 5.6 Hebrew School 4:00 p.m. to 6:00 p.m. 4:00 p.m. to 8:00 p.m. 9:00 a.m. to 12:00 p.m. Mon, Tues, Thursday Wednesday Sunday A maximum of fifty (50) preschool age children and eighty (80) elementary- age children shall be permitted in the facility, subject to compliance with all applicable Federal, State, and local codes and regulations. 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. Construction hours shall be clearly posted on the project site to the satisfaction of the Building Official. ARCHITECTURE (4) (4) (4) (4) (4) (4) 6.1 6.2 6.3 6.4 6.5 6.6 All exterior treatments shall be consistent with the submitted color/material samples and noted on all construction plans and elevations submitted for Building Permit Plan Check, subject to review and approval by the Community Development Department at final inspection. A high quality of features, materials, and colors shall be used throughout the site and maintained on an ongoing basis. Any changes to colors or materials during construction or operation shall be approved in writing by the Community Development Department prior to installation. Exact details of the exterior door and window types shall be provided on the construction plans. All ground- and wall-mounted 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 blend with the architectural design of the building. All telephone and electrical boxes shall be indicated on the building plans and shall be completely screened. Electrical transformers shall be located toward the interior of the project, maintaining sufficient distance to minimize visual impacts from the public right-of-way. All exposed metal flashing or trim shall be painted to match the building. No exterior down spouts or roof scuppers shall be permitted. All roof drains shall utilize interior piping, but may have exterior outlets at base of buildings. A protective graffiti resistant finish shall be applied on all elevations of the proposed structure, subject to review and approval by the Community Development Department. Exhibit A Resolution No. 3934 Page 9 LANDSCAPING (1 ) 7.1 (1 ) 7.2 FEES (1 ) 8.1 Complete landscape and irrigation plans that comply with the City of Tustin Landscape and Irrigation Guidelines shall be submitted at plan check. The irrigation plan shall show the location and control of backflow prevention devices at the meter, pipe size, sprinkler type, spacing, and coverage details for all equipment. The site shall be landscaped consistent with the City's Landscaping and Irrigation Guidelines and the approved set of plans dated September 27, 2004. The sizes and quantities of the landscaping shall be continually maintained or replaced if unhealthy. All plant materials shall be installed in a healthy and vigorous condition, typical to the species, and shall be maintained in a neat and healthy condition. Maintenance includes, but is not limited to, trimming, mowing, weeding, removal of litter, fertilizing, regular watering, and replacement of dead or diseased dying plants. All trees and landscaping within the site shall be maintained in a healthy and vigorous condition. Unhealthy or dead trees shall be replaced within seventy-two (72) hours upon notification by the City. Prior to issuance of any permits, the applicant shall pay the following fees. Payments will be required based upon the rate in effect at the time of permit issuance and are subject to change. A. All applicable Building plan check and permit fees shall be paid to the Community Development Department. All applicable Grading plan check and permit fees shall be paid to the Community Development Department. Orange County Fire Authority plan check and inspection fees to the Community Development Department based upon the most current schedule. Major Thoroughfare and Bridge Fees to the Tustin Public Works Department prior to building permit issuance. The current fee is $3.44 per square foot of new building area. School facilities fee to the Tustin Unified School District subject to any agreement reached and executed between the District and the applicant. The current fee is $0.36/sQ.ft. of new floor area. Water connection fees to the Irvine Ranch Water District at the time a building permit is issued. B. C. D. E. F. G, Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of forty-three dollars ($43.00) to enable the City to file the appropriate Exhibit A Resolution No. 3934 Page 1 0 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.