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HomeMy WebLinkAbout02 CUP 04-011, DR 04-009 ITEM #2 Report to the Planning Commission DATE: SUBJECT: APPLICANT: PROPERTY OWNER: LOCATION: ZONING: OCTOBER 25, 2004 CONDITIONAL USE PERMIT 04-011 AND DESIGN REVIEW 04- 009 ST. CECILIA CHURCH ATTN: FR. TIMOTHY MACCARTHY 1301 SYCAMORE AVENUE TUSTIN, CA 92780 ROMAN CATHOLIC BISHOP OF ORANGE 2811 VILLAREAL DRIVE ORANGE, CA 92687 1301 SYCAMORE AVENUE PUBLIC AND INSTITUTIONAL (P&I) ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO SECTION 15303 (CLASS 3) OF TITLE 14, CHAPTER 3 OF THE CALIFORNIA CODE OF REGULATIONS (GUIDELINES FOR THE CALIFORNIA ENVIRONMENTAL QUALITY ACT) TO USE A 2,490 SQUARE FOOT TEMPORARILY PERMITTED MODULAR BUILDING AS A PERMANENT CLASSROOM BUILDING AND TO CONSTRUCT A 5,950 SQUARE FOOT FREE-STANDING TWO-STORY OFFICE AND MEETING ROOM BUILDING FOR THE CHURCH REQUEST: RECOMMENDATION That the Planning Commission approve Conditional Use Permit (CUP) 04-011 and Design Review (DR) 04-009 by adopting Resolution No. 3935. Planning Commission Report CUP 04-011 and DR 04-009 October 25, 2004 Page 2 BACKGROUND The earliest City records indicate that the following buildings and uses existed on the 4.77 acre parcel at 1301 Sycamore Avenue on January 7, 1964 when the City Council adopted Ordinance No. 245 and annexed the property to the City: . A 12,169 square foot St. Cecilia Church building and associated assembly use; . An 18,874 square foot preschool to eighth grade school building for instructional use; and, . A 7,481 square foot preschool to eighth grade school building for instructional use. On August 25, 1975, the Planning Commission adopted Resolution No. 1462 approving Conditional Use Permit (CUP) 75-18 for the construction of a 7,664 square foot parish hall. On December 13, 1993, the Planning Commission adopted Resolution No. 3211 approving CUP 93-031 for the temporary placement and use of a 2,490 square foot modular classroom building on the property until December 13, 2000. The modular classroom remains on the property, and the applicant is requesting that it be allowed to remain permanently. The property is located in the Public and Institutional Zoning District where churches and schools are conditionally permitted uses. The Public and Institutional Zoning District states "the development standards and requirements for development and changes in use shall be those contained in the general section of the zoning ordinance and as specified and approved by the Planning Commission as conditions of the use permit" The Planning Commission has the authority to consider conditional use permits while the Community Development Director has the authority to consider design review applications. The Director has deferred the design review to the Planning Commission for concurrent consideration with the conditional use permit Site and Surroundina Properties The site is located on the northerly side of Sycamore Avenue between Newport and Red Hill Avenues. Surrounding uses include two-story single-family residential dwellings to the west, multiple-family residential dwellings to the north and east, and the AG. Currie Middle School and Jeane Thorman Elementary School to the south across Sycamore Avenue. Project Description Proposed Building The applicant is proposing to construct a 5,950 square foot two-story building to accommodate administrative offices and meeting rooms to serve St. Cecilia Church. The existing school will use the building. The proposed building will function with 1,603 square feet of meeting room area, 2,423 square feet of offices, and the remaining 1,924 Planning Commission Report CUP 04-011 and DR 04-009 October 25, 2004 Page 3 square feet dedicated to restrooms, corridors, and storage which is considered office support space and calculated at the office rate for parking requirement purposes. The building will be located twelve (12) feet west of the parish hall, 110 feet east of Sycamore Avenue, ten and one half (10.5) feet south of the north property line abutting the rear yards of single family dwellings, and approximately thirty (30) feet north of the Church. The building would be placed in an area with existing landscaping and four (4) disabled parking spaces. Some of the removed landscaping will be replaced around the perimeter of the building and the four (4) parking spaces will be replaced west of the proposed building adjacent to where they are currently located. Overall, the site will continue to retain sixteen (16) percent landscaping. The building will be rectangular with a flat roof and approximately thirty (30) feet tall, which is consistent with the height of the existing parish hall and Church. The building would be constructed primarily of orange brick which is consistent with brick on the existing adjacent Church and parish hall buildings. The secondary exterior building material would be a cream-color rough plaster. Windows would be framed in brown anodized aluminum and the glass would contain a bronze non reflective tint. The west building elevation that faces onto Sycamore Avenue would be broken by a stucco step-like protrusion that encloses an interior stairwell. The east building elevation that faces the parish hall would contain elevation relief by adding brick in Flemish bond with a protruding header. The south building elevation that faces the Church would be entirely brick. The north building elevation that faces the single family residences would primarily be treated with rough plaster. To provide privacy for the adjacent residences, Condition 4.1 would require the applicant to install a sufficient amount of appropriate landscape screening between the building and the residences to the north. In addition, Condition 3.1 would require the applicant to install translucent second story windows on the north building elevation. Modular Classroom The applicant is also requesting to permanently use an existing forty-one and one-half (41.5) by sixty (60) foot, 2,490 square foot, one-story, prefabricated, modular building for classrooms. The building is approximately 11 feet tall. As indicated in the background section of the report, this building was only allowed temporarily. The modular building is proposed to remain at its existing location forty (40) feet east of the Church and twenty (20) feet south of the parish hall. This location is not readily visible from Sycamore Avenue since it is located behind the Church building and to the side of a row of regularly spaced dense trees. The building is not visible to the residences to the west because it is obscured by the parish hall. The building is a flat-roof rectilinear structure constructed of cream color synthetic siding that presents a rough trowel finish. The six windows are bronze glass in an aluminum Planning Commission Report CUP 04-011 and DR 04-009 October 25, 2004 Page 4 frame and the doors are brown within a bronze metal frame. A covered walkway exists over the sidewalk connected to the building on the west elevation. The covered walkway consists of wood support beams attached to a corrugated sheet metal cover. A dense row of regularly spaces trees partially screens building on the north, south, and west elevations. Modular classroom buildings are regulated by the State of California, Division of the State Architect, who provides certification of a modular classroom plan. Once the plan is certified and a modular unit is constructed to plans, subsequent permitting is all that is required from the state. The existing modular would have received approval from the state at the time it was placed on the property. However, the Building and Safety Division will require disabled access if it does not already exist per Condition 2.2. For all existing and proposed buildings, the total floor area ratio of the site will be twenty three (23) percent which is within the acceptable twenty (20) to sixty (60) percent range established in the General Plan Land Use Element for the zoning district. Parkina The site will continue to maintain 227 parking spaces. The Church requires 219.67 parking spaces. Based on previous entitlements, the existing parish hall and Church offices are considered to be accessory uses to the Church because they operate at the same time as the Church and because sufficient on-site parking exists for the Church. A summary of parking spaces for the existing Church, parish hall, and Church offices is provided as follows: Existin Church Existing Parish Hall With Offices Existing Church Offices 1/3 seats for 659 seats 219.67 Pursuant to previous entitlements, the parish hall is and has always been considered an accessory use to the Church. No additional parking spaces are required, but the parish hall may not operate at the same time as the uses in Grou 2. Pursuant to previous entitlements, the existing Church offices are and have always been considered an accessory use to the Church. No additional parking spaces are required, but the existing Church offices may not operate at the same time as the uses in Group 2. Total Re uired 219.67 Total Provided 227 Sur Ius 7.33 As identified in CUP 93-031, the existing school maintains 330 students and 18 instructors and requires 59.25 parking spaces. The proposed 5,950 square foot Church office and meeting room building would require 53.06 parking spaces, which would be available on- site when Church assembly is not occurring. A summary of parking required for the Planning Commission Report CUP 04-011 and DR 04-009 October 25, 2004 Page 5 proposed 5,950 square foot Church office and meeting room building in conjunction with the existing school is provided as follows: Proposed Office 1/250 square feet based on 2,423 9.69 square feet. 1/3 persons based on occupancy 35.67 maximum of 107 1/250 square feet based on 1,924 7.70 square feet Proposed Meeting Room Proposed Office Support Existing School Subtotal 53.06 1/1 instructor and 1/8 students 59.25 based on 18 instructors and 330 students Total Re uired 112.31 113 Total Provided 227 Sur Ius 114.69 Pursuant to Condition 5.5, the uses indicated in Groups 1 and 2 may not occur at the same time so that parking demand will not exceed that which is supplied. Therefore, the proposed Church building and the existing school would require a total of 113 parking spaces. When Group 2 uses are operating, the site would maintain a parking space surplus of 114.69 parking spaces. The Engineering Division reviewed the project and determined that there will be no additional weekday and weekend peak trip hours for the proposed permanent use of the modular classroom. The proposed office/meeting room would generate 55 daily weekday trips, four (4) of which would occur during a.m. and p.m. peak hours. On Sunday the office/meeting room would generate an additional 220 daily trips and 60 peak hour trips if it were in use. However, as previously discussed, the office/meeting room may not be used at the same time as the Church to ensure that parking supply does not exceed demand. Therefore, no additional Sunday trips should result. The Engineering Division states that the net increase in traffic at the project site during the weekday a.m. or p.m. peak hours and/or Sunday peak hour is not anticipated to generate significant traffic impacts. Based upon the projected traffic and the adjacent street system, it has been determined there is sufficient roadway capacity to accommodate the proposed project. If in the future the City determines that a parking or traffic problem exists, Condition 5.3 would require the applicant to provide mitigation measures approved by the Community Development Department. Planning Commission Report CUP 04-011 and DR 04-009 October 25, 2004 Page 6 ANAL YSIS In determining whether to approve the Conditional Use Permit, 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 can be supported by the following findings: 1 ) That operation of additional Church offices and meeting rooms and the continued operation of a modular classroom, as conditioned, will not be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin, as evidenced by the following findings: a) The proposal is consistent with the Public and Institutional Zoning District standards in that religious assembly, schools, and school administrative offices 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 General Plan Land Use Element Public/lnstitutional designation in that the school and Church function as quasi-public uses. b) The project maintains all legal non-conforming rights (establishment of the Church and school without a CUP prior to annexation) and 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 school currently exists on the property and the use of the modular classroom will be for the school. Church offices and meeting rooms currently exist in the parish hall, and the proposed Church offices and meeting rooms will continue to support the Church. c) Sufficient parking would be available for the 5,950 square foot Church office and meeting room use since, pursuant to Condition 5.5, Church assembly in the worship or parish hall would not be operating at the same time as the school, Church offices, and Church meeting room. d) The continued use of the modular classroom would not increase parking/traffic demand because required parking spaces are currently provided on-site, and no increase in students or teachers is requested or approved under CUP 04- 011 and DR 04-009. Planning Commission Report CUP 04-011 and DR 04-009 October 25, 2004 Page 7 e) As determined by the Public Works Engineering Division, the net increase in traffic at the project site during the weekday a.m. or p.m. peak hours and/or Sunday peak hour is not anticipated to generate significant traffic impacts, and there is sufficient roadway capacity to accommodate the proposed project. f) Pursuant to Condition 5.4, all activities associated with CUP 04-011 and DR 04-009 are required to take place within the buildings. g) The project would be compatible with adjacent uses in that a block wall surrounds the 4.77 acre property, the property would maintain a floor area ratio of twenty-three (23) percent which is lower than the sixty (60) percent maximum General Plan floor area ratio for the site, the proposed building will be setback ten and one-half (10.5) feet from the residential property to the north, will be setback in excess of fifty (50) feet from Sycamore Avenue, and pursuant to Conditions 3.1 and 4.3, landscaping and window treatments on the north elevation of the building shall mitigate intrusion to privacy into the adjacent residential yards and shall obstruct direct views of the building. The modular classroom building is surrounded by the Church to the west, the parish hall to the north, existing school classroom buildings to the east, and a row of trees to the south. As a result, the building is buffered from view to uses off the property. As conditioned, all uses under the subject entitlements must occur inside their respective buildings. h) Increased pedestrian activity to the site as a result of the project will be accommodated in that the applicant and/or property owner would be required to provide sidewalk and drive aprons along Sycamore Avenue in front of the project property that are constructed to meet current Federal Americans with Disabilities Act (ADA) requirements. i) Pursuant to Section 9272(c) of the Tustin City Code, the Planning Commission finds that the location, size, architectural features, and general appearance of 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 finds that the mass and appearance of the project will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole and has considered at least the following items: 1. Height, bulk, and area of buildings: The thirty (30) foot height of the new building is consistent with the maximum height allowed for a single family dwelling and the modular classroom shall remain at under twelve (12) feet. Therefore, the height is appropriate for a quasi-public building that is adjacent to residential buildings. Planning Commission Report CUP 04-011 and DR 04-009 October 25, 2004 Page 8 2. Furthermore, the Church and parish hall are of corresponding heights to the new building. The size of the buildings is less than existing on-site buildings and the overall floor area ratio is twenty three (23) percent which is within the range allowed by the General Plan. Setbacks and site planning: Setbacks are adequate for the project in that the new office/meeting room building is setback in excess of fifty (50) feet from Sycamore Avenue, is setback ten and one-half (10.5) feet from the side property line, maintains the same line as the existing parish hall first story setback, and the proximity of the second story to the property line shared with the single family residences is mitigated with translucent windows and landscaping. The modular classroom will remain in its existing location distanced thirty (30) feet behind the Church and twenty (20) feet south of the parish hall toward the center of the property. The modular building is buffered from view from Sycamore Avenue because it is behind the Church and the south elevation is screened by a dense cluster of regularly spaced trees. Exterior materials and colors: The project colors and materials would be consistent with existing on-site development as described in Item No.8. Type and pitch of roofs: Both buildings exhibit flat roofs which is consistent with other on-site buildings. Size and spacing of windows, doors, and other openings: The windows and doors of the proposed and existing buildings are consistent with those on buildings that exist on the property. All windows and doors to be constructed shall be in compliance with City building code standards. Towers, chimneys, roof structures, flag poles, radio and television antennae: None of these additions are proposed. Physical relationship of proposed structures to existing structures in the neighborhood: The structures are adequately located on the property and will provide for privacy on adjacent properties as described in Item No.2. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares: Design of the new building includes orange brick, cream-colored rough plaster, bronze tint windows, and brown anodized window frames, all of which are consistent with the building materials existing on the Church and parish hall. The modular classroom building exhibits cream color synthetic siding with a faux rough trowel finish. The building color matches the stucco on the proposed building, accents on the parish hall, and the existing school classroom buildings. The modular building's bronze tint windows, brown framing, and brown doors are also consistent with trim colors on the existing buildings. 3. 4. 5. 6. 7. 8. Planning Commission Report CUP 04-011 and DR 04-009 October 25, 2004 Page 9 9. Development guidelines and criteria as adopted by the City Council: Pursuant to the zoning district standards, the project approval would establish the setbacks and height limitations for the buildings on the subject property. ~4- Ortli Associate Planner {{ f}J\LJ~ Þ~J~ Karen Peterson Senior Planner Attachments: A B. C. D. Location Map Submitted Plans Parking Survey Resolution No. 3935 S:ICddlPCREPOR1\CUP Q4-{)11 and DR 04-009.doc A TT A CHMENT A Location Map ffi ..- TUSTIN CITY MAP LEGEND "-'" TVSTIN CfTY 'IMmI .."-".. "'TV LlN'" «mER) ATTACHMENT B Submitted Plans LEGEND LEGAL DESCRIPTION <D E.loll', I.'d",p. ".", b. '."".d by "".M CO'd".,.." ',I,C, @"I"I,,"-O'.'O'-O""'-'"O"'-O"C'.'.d .1" "C') p."'n, 0,,110 @ 1;~~;" .~'::~b~,::~:::,:;;".~~~" \:::,:;d:,.. ,".11 b. ,. moo .,," "y, S"'p. ,.., Clly o"nd.,do, P"",. 0"'.'. " ..," 0'.11 p.' 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'" "'OW""" "OW "'" N", "K'~"'" ,~, "'M", "' """ '00"', ,"""~,, ~~¡~.g{;i:~~:;,~~*g~iÆ;:{'1::¡ ~::::,¡:¡¡~~::, "..~"'~"""-.,,-,,~""'-,,--.. ::~::;~~;':~,:~.:~: :; ::: :"':",:~~'.~: ,:~~;;";":~,.. ~;~l~~~f~i~; £~;E.¡g: ~¥ji?oc' ~4t~~:i~¡~:;~}i~~i~¡:i~£1PÆi~~;~ ~¡~~~~}~~,; ~~\r~~~i;i~¿~:~~ifgjŸ1r ¡!r .fu~~~~~:~K,~:~!~r ~¿~~~\'¡:~1~-i :~~~, @ ::;'~;,::";::,' c~~':7'L~r:';",:,~,~~PI'" .11' @ ::;'~;,::";~~' c~~':7'L;,r:';,,~~~,~~PI". w", @ ~:,';:';:,,~"~:;,' ,:'~:,~,:n '"I> b"""" ,,' 1111 ".. ~"'o,," ..,-,,--., 0" ,,>-0,--', SITE PLAN NOTES I I I II I ~ II ~ II W II ~ II « ~ II I I I I I r'" 6'515" -ç; CECILIA I ~~URCH RECTORY '-, -'-'k ,...J - --.:~ I ~ : :~::~:::~:'.:~;;;:I'u7i;::':,:::~~j:::;~;;:i:;.;;:; ~:.~,:':.:~"" C,..."", ,"...".~, """.. 0,0",.... ",. ,",In ,on. ,.~. 0'" .n'" ".." ~'" ,. """~ ,..,., ". ,"1"""" ,"0'" ...ri.. " O;"~~~~;';'::::':':;": I:~;.~:;;;;~;::: :-::;;;.:~ ~:'::: (,) ".."",. " ",", ,., ..." no' ,..",. "'"', PROJECT AREA,.o;';,~"",::;;", .~~,,":': ~:::'~;;,:,";;:;':=~;- ". ,"""., "",,'" "" """".. ~..." ,I -"" ",.. " ". '".". ,......, ~.. .", ," " ...'""~ " ". .... ".. " ". ...... I. " ......., ß) I n~"/.7, 2 PROJECT DATA NEW OFFICE / MTG RM BLOG OE"EN REVIEW 1"-010 CO",'TlONAL USE "'"" 1"-0" 0 ¡-moo, '",","old ,."" 0 ,II d,,~ @ :::, ':~;~.,~.",::~:' ::::"m ':~";::: ,,~~:o :~~~: " cec ..,H" ""',', @ :,:~. ':~~,.;~ p~~;, ,:;~', ;~,::"p::~;~' _""m b,.,m H"lo', R.I., " CBC ..."" ""',', PARKING CALCULATION "'Ll/orFtCE, ASSE"BLY, AS' OCC, 0' STOL' / , OCC, . STAllS OFFtCE,Z,"'S,F,OlSTm/Z50fT,. STOLLS TOm REOUIREO, CHURCH BUILOI'G, CHUR",'" oce, 0 , STAll / 'OCC,' 220 STOLLS CNURC" O'"A", COY,""" 220 STAlLS REO, 221 STALLS PROV, OK TOTAL BUILOING AREA. OCCUPANT LOAD ',d fLR, ','06 s,r, '" fLR, ',"0 S,F, Tom, ',950 S,F, ASSE"'" (0-'), '" OCCUPANTS OffiCE CO), ,. oceu""'S TOTAl, ," OCCUPANTS SITECOMPOS/TION 'UIID'NGS, """TSF (23%) IANOSCAPE, ""mF (t6%) PAVING "',""SF ("%) PROPOSED PERMANENT ONE-STORY CLASSROOM ~ ~ ~ i ~ 15~¡ ¡j- ~N¡ ¡; ~ 0> ~ ¡ fi¡;>--~~~ ¡¡]~tij~tá t: II: g: ù5 e,,~ :ti"""",," ~,,¡S>--~" "'i!:'II:II:C¡~ ¡;¡;: iii ~ ~ ~ ~fi¡;¡",do~ ~...,,~Ü FLOOR AREA_RATIO CO",IT'ONAl USE PE"'IT 104-00 I EXISTING CLASSROOM BUILO'NG z,m S,F" E-I OCC, so OCC, HOE V-, CO"', -"'-- '-'u< I"" Xo" ".. 1("....."'-"",,,,-- I~- Ã-t1ëup OS...., .. IF 00 NOT SOAlE OR"'ING' TOTAL "',"SF I""') (!) ~:::::;: :~O;~":,::;';~;: ::;:,.'n, ..", "0' ,. @ 'ow ,,... <om. " .,,",d ",d"'., b,""" @E,'o"",1"'"blo.",'oo"" iY'..".....,,"nbyA""'." (!) E.""" ,."'.,. 0"."" @ ::,:"~:" b"dln, 'n ..m, ,.", ,od "", " @ ;~~:~;~,:',~.~~~,~ ';:';.,;O;~~"P::;;:::;"':d ':~:'.~.'.d @ E""'n, 00"".'. ow.,. " '.m,'o ", n,. L... ."d '" p,,"n, ~, r J 20,1 l-,>'-~~ 140'~°it~FIC;::-=--=-~ _ß-'~ ~ . .. 0~~J --c:'-"" "'~"O, L " I , I.. ,~--~ "...:I "' I , ;> I FIRE LANE@>ill ¡ ~ '8~-6' ~-B ~6~--;' -: I I ~ ;,,-"-' iii,i""""'I"" 'C¡-,','I'I . SOUTHSEÇTlON ,I ...."" 2 ' '2'; ::::~!i!,I,il",I"llf~"I,II'II,111122'-4' 1",E-10ccu",aqcy li!!II! I Ilt"IJI,¡c--~rityP.V_NCOhstr, ~"I~'",,+'I--jj,,--,¡-.'."'t'--+,;',--¡,.,",i.'-"I',"",+,:',"'-r-IT+-"1 t-,T'.--+----¡-.,IW."., 7,4815,["0 -,,- ~~II!, , '. I.. I I II, z , , ~ ~ ~ ! ! I i Ii: ; I j I I I I ! I I ! 211 ~, ! ~ r..~!, ; ,~----- ,,~-~""- ¡t- @ - : rìtrr11---J ~ ill' ! ilill' I J ~ I 3rt1, , !~:¡ I I 9if I 2 i, .. ~ @:, .. !j¿.J,c- 6 STO 9' = _54'_} ~ ~ 1o 0 0 +- EXISTING @ ~ =@@----@EXISTINGPARKINGLOT Fi" -~ ¿,_:::+::_~ ALL DIMENSIONS ARE EXISTING V,N,O, , ,25"'0' Q ---"'--;--,', -,- c c c '. c tc I '<.;,.:j <3l._~,,-- i 5 -1----- -r---- ., ~:@ c c c ! c ~51 1O APPLICABLE CODES "'" C"'LFORH~ BU",OING COOE (C"," """ CALIFORN~ MECHANICAl. CODE )C"") """CALIFORH~"U.'INGCOOE(CI'Ç) ""', CAUPORN~ mc,"""" cooe (CEC) """ CALIFORN~ TITLE Z4 ACCCESS..,TV REGUlATIONS TIT" Z4 ENERG' REGUlATIONS, ClTV OROI",",,66 STATE' FEO","" lAWS ANO REGUIAT,,"S "URCH BUIL"G, 12, '" ',F, ClASSROOM BU!LO'"', Z,"O s,r "ALL/OfFICE 'UILOI"" T,664 S,F, SCHOOL BUIlOl"" ","" '" OffiCE BUIlOl"" ',950 S,F, TOTA" 47,120 S,F, flOOR AREA RATIO, '07,00' S,F, """ 18,874 s,f, total - , I I I I EXISTING, ~+~:gD¡ AREA I I I I J EXISTING GRASS PLAY AREA EXISTING SAND PLAY AREA 1'810 OVERALL SITE PLAN --@ 4 ~ ~ ~o ~ 00 \D \D -0\ ~N vJ::ro OJ.)cn ~ §..... '¡:: ... á'3 <8 Q'" .- 4-<~c¡j o:--u v>. '" V V ..... OJ.) g..... § ,- 00 ... QNQ V § Vo ;;'00 ~r-- vN ...0\ ...c: 0 ro u 15,- S ro E ...c: ~<8 Ucn;.::: ro . ro ;.:::~u T; ¡zj ~. V ,- Uc;t; , I"') ;::s cÏ5.....E-< ~ ~ ",....- CUOSU8Mm", T,""'--- ~- I i r- 1 - 1 _I J I ' I- ,- ir:!J' 1 I I I J I APARTMENT - ~ - - I COMPLEX I 1 ,,- I I E' -:;- ~ - , - '-, h-~ 1-- i J l_'~rr-' CH~R,~H_- _IëL4s_~~ S; ¡r¡ - . . - ~ . ~ => I 1 ~ ,- J 'I APARTMENT COMPLEX I I ~ ::;; - 0--1 " I~ - - - Ò! 1 I 'oo,~"'""'- I - - -- - I .. C + ONDOMINIUMS APARTMENT COMPLEX II r-- SCHOOL ------ i I ,- I I ' , SINGLE FÀMILY HOUSES I-I NIEGHBORHOOD VICINITY MAP 5('."'"'.,,,.,. BUILDING AREA JUST/FICA T/ON ["STING ,"II"H B","'NG A-2,I OCC, TYe( V->ò, CONSTRUcriON BASIC ARE" ",000 S,', ""WABlE 2 STO", 24.000 S,', mOWABLE 2 YAROS, ,,' X ..", " 5OX (.AX) X ",000 " ",000 S,', "LOWABLE 12, 16U,F, OK PROPosra PER."ANT CLAS"OO. BUll OIN" H OCC, m[ V-N CONSTRUCTION BASIC AREA. ',000 S,F. "LOWABLE 2YAROS,'O'X""'"'OXXB,OOO " ",000 S,F. mOWABL[ 2,4" S,F, OK ["SnNG Hm 0 OFFICES A-2 0 B oce, TYe( V-I HR CONSTRUCTION BASIC AREA, ",000 S,F. mOWABLE 2 STO", ",000 S", ALLOWABLE 7,6'" S,F, OK ["SnNG O"'CES B OCC, TYPE V-N CONSTRUCTION BASIC AREA. B,OOO S", ALLOWABLE 1,213 S,F, OK ["SnNG SCHOOL (NORTH SECTION) H OCC, mE IIl-N CONSTRUCTION BASIC AREA, ",000 S", mOWABLE 11,392 S,F, OK (SOUTH SECTION) H OCC, TYPE V-N CONSTRucnON BASIC AREA' B,OOO S", ALLOWABLE 2 YAROS. 1,,'0' X I.25X . 'OX .AX, X ',000 " ",000 H, ALLOWABLE 7,479 S,F, OK 7 NEW om", o~ A-2,IOBOCC,TYP[V-IHRCONSTRucnON BASIC AREA. ",000 S,F. ALLOWABLE 2 STORY, ",000 SF. ALLOWABLE OPERAT/ONALmFOMRAT/ON EXISTING CHURCH 2g~~.C':. ~ - q ¡¡ 1", ,'\ /¡ EXIST \ T Ij2STORY ~Iy , ' OFFICES OFFICES >- OVER I / \ '11 RESTRMS ,--, / \:1 & KITCHEN I / \" I Lj===L,=-~¡~~~:~ ð!~, ] i-r-" '.. -~iIJ"",I!, " i",ll" '1 ,~ ~~~Z~~T 1 J ONE-STORY , >- CLASSROOM ,i,. 11 BUILDING ¡ilL -- ~-rlll, " '-,li~Ø-11 i1 ~D~ I + + I PROJECT AREA SITE PLAN 5<;AlE',",'."... 15 \\\ II II - I,S WAU<UT A"NUE SITE \ ~ SÁ~~E ~ . EOINGER" AVENUE 0 . ~ c . VICI ITY MAP 5,"2 S,F, OK 'HU"'H "'"'Hle "HCOUII OAILY NASSCS, 0,'0 0 "" om SUNOAY NASSES, ,.00 pm (Sol"do,), °"0, no, ,.00, ",00, ",'0 om, 0"' ,,00 pm, ~ Po"'" mlnl.I".. 0"' ,ommlll,.. ",oil, m.,' '" ", ...","", .11' ", m.p"o" 0' d ~,..4 ~ ~ g¡ g (j- ~ ~~ : ~~"'U U..."':t i!!ij!~U :r"""lIi U"':r'" etUU"' "'I!:!etet "':r¡¡¡~ æU-~ -,et:J¡", """,,« ~-I I_.J - Q) Q) Q) OO-Þ s:::r:/'J C; - .... C; 0 ~ <+-< C; 0:::: ~> Q) U - 0- .- 00 ON ~ ¡: ( , ;> <! ~ ...c c u E .... ~ ;: c.; ...c ;> Ur:/ ;.ê¡¡. 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L':J ARCHITECTURE & INTERIOR DESIGN 4931 BIRCH STREET NEWPORT BEACH, CA 92660 949-852-0585 (PH); 949-852-0588 (FX) 1""'" . '" 1"<.<"""""""'" ~m 8 ~ ~ i ~ i~ri~r1-1 . ~~~~81,~ ~ , I I I¡,I~ ~ ~ ,~i i~ 00 "'.,' ",.,. õ ~ a. ã\= '" "'.,. BRICK" "'"ISH BONO WITH PROTRUDING HE"" THIS AR" ON" '<: I~ i:ï! ~ I'~ a. I¡¡¡ I ~:~-~.¡"!,.,,,"."',c,',".¡"'.',,',.m,"", "~. ni, .' , :~.i',~ ,l ----i~"',,,"',., ;i l-Ím ,,'0 ¡i ' ".,. "'.a' ",.,. - i~ i~ St. Cecilia Church 1301 S. E. Sycamore Avenue Tl1"t;n r"l;fnrn;" O'J7SU1 i; ~£ ~ C/) -.¡ ~~ ~~ ¡h ~~ ~~ f" '," 'O~ ~~~ i ê;: : "> " ~~ ~B < > n õ ~ a. '" i '" >" ~~ c< ~> Or < ~~ ~~ ~~ "'.,' C/) 0 c: :ï! > a in ~~ ! ~. ! ~r õ ~ a. () ::>- c: ~ ::>- ". ',0 12"1 ".,' "',0' I~ Catholic Diocese of Orange 2811 Villareal Street Oranl!e. Califorina 29668 .... rr, G) rr, <: CJ r'-~ GLESS ARCHITECTS. 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CECILIA'S Group 1 * 12169 Pursuant to previous entitlements, the existing Church offices are and have always been considered an accessory use to the Church. No additional parking spaces required but the Church offices may not operate at the same time as the school. 659 0 219.666667 Existing Church Offices 2391 227.00 Parking spaces provided 219.67 Parking spaces required 7 Surplus parking spaces Group 2 * 227.00 Parking spaces provided 112.3 Parking spaces required 114 Surplus parking spaces * No simultaneous uses may occur between groups 1 and 2 A TT A CHMENT D Planning Commission Resolution No. 3935 RESOLUTION NO. 3935 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 04-011 AND DESIGN - REVIEW 04-009 FOR THE CONTINUED USE OF A 2,490 SQUARE FOOT TEMPORARILY PERMITTED MODULAR BUILDING AS A PERMANENT CLASSROOM BUILDING AND TO CONSTRUCT A 5,950 SQUARE FOOT FREE-STANDING TWO-STORY CHURCH OFFICE AND MEETING ROOM BUILDING AT 1301 SYCAMORE AVENUE ALSO KNOWN AS THE NORTHWESTERLY HALF OF LOT FIFTY IN BLOCK ELEVEN OF IRVINE'S SUBDIVISION IN THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA. 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 04-011 and Design Review 04-009 was filed by St. Cecilia Church requesting approval to use a 2,490 square foot temporarily permitted modular building as a permanent classroom building and to construct a 5,950 square foot free-standing two- story Church office and meeting room building. B. 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. The project complies with the Public and Institutional (P&I) zoning district regulations because schools and churches are conditionally permitted, as is requested. The development standards would be established in the conditional use permit. C. That a public hearing was duly called, noticed, and held for said application on October 25,2004, by the Planning Commission; D. That operation of additional Church offices and meeting rooms and the continued operation of a modular classroom, as conditioned, will not be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin, as evidenced by the following findings: a) The proposal is consistent with the Public and Institutional Zoning District standards in that religious assembly, schools, and school administrative offices 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 General Plan Resolution 3935 Page 2 Land Use Element Public/Institutional designation in that the school and Church function as quasi-public uses. b) The project maintains all legal non-conforming rights (establishment of the Church and school without a CUP prior to annexation) and 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 school currently exists on the property and the use of the modular classroom will be for the school. Church offices and meeting rooms currently exist in the parish hall and the proposed Church offices and meeting rooms will continue to support the Church. c) Sufficient parking would be available for the 5,950 square foot Church office and meeting room use since, pursuant to Condition 5.5, Church assembly in the worship or parish hall would not be operating at the same time as the school, Church offices, and Church meeting room. d) The continued use of the modular classroom would not increase parking/traffic demand because required parking spaces are currently provided on-site, and no increase in students or teachers is requested or approved under CUP 04-011 and DR 04-009. e) As determined by the Public Works Engineering Division, the net increase in traffic at the project site during the weekday a.m. or p.m. peak hours and/or Sunday peak hour is not anticipated to generate significant traffic impacts, and there is sufficient roadway capacity to accommodate the proposed project. f) Pursuant to Condition 5.4, all activities associated with CUP 04-011 and DR 04-009 are required to take place within the buildings. g) The project would be compatible with adjacent uses in that a block wall surrounds the 4.77 acre property, the property would maintain a floor area ratio of twenty-three (23) percent which is lower than the sixty (60) percent maximum General Plan floor area ratio for the site, the proposed building will be setback ten and one-half (10.5) feet from the residential property to the north, will be setback in excess of fifty (50) feet from Sycamore Avenue, and pursuant to Conditions 3.1 and 4.3, landscaping and window treatments on the north elevation of the building shall mitigate intrusion to privacy into the adjacent residential yards and shall obstruct direct views of the building. The modular classroom building is surrounded by the Church to the west, the parish hall to the north, existing school classroom buildings to the east, and a row of trees to the south. As a result, the building is buffered from view to uses off the property. As conditioned, all uses Resolution 3935 Page 3 under the subject entitlements must occur inside their respective buildings. h) Increased pedestrian activity to the site as a result of the project will be accommodated in that the applicant and/or property owner would be required to provide sidewalk and drive aprons along Sycamore Avenue in front of the project property that are constructed to meet current Federal Americans with Disabilities Act (ADA) requirements. i) Pursuant to Section 9272(c) of the Tustin City Code, the Planning Commission finds that the location, size, architectural features, and general appearance of 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 finds that the mass and appearance of the project will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole and has considered at least the following items: 1. Height, bulk, and area of buildings: The thirty (30) foot height of the new building is consistent with the maximum height allowed for a single family dwelling and the modular classroom shall remain at under twelve (12) feet. Therefore, the height is appropriate for a quasi-public building that is adjacent to residential buildings. Furthermore, the Church and parish hall are of corresponding heights to the new building. The size of the buildings is less than existing on-site buildings and the overall floor area ratio is twenty three (23) percent which is within the range allowed by the General Plan. Setbacks and site planning: Setbacks are adequate for the project in that the new office/meeting room building is setback in excess of fifty (50) feet from Sycamore Avenue, is setback ten and one-half (10.5) feet from the side property line, maintains the same line as the existing parish hall first story setback, and the proximity of the second story to the property line shared with the single family residences is mitigated with translucent windows and landscaping. The modular classroom will remain in its existing location distanced thirty (30) feet behind the Church and twenty (20) feet south of the parish hall toward the center of the property. The modular building is buffered from view from Sycamore Avenue because it is behind the Church and the south elevation is screened by a dense cluster of regularly spaced trees. Exterior materials and colors: The project colors and materials would be consistent with existing on-site development as described in Item No.8. 2. 3. Resolution 3935 Page 4 4. Type and pitch of roofs: Both buildings exhibit flat roofs which is consistent with other on-site buildings. Size and spacing of windows, doors, and other openings: The windows and doors of the proposed and existing buildings are consistent with those on buildings that exist on the property. All windows and doors to be constructed shall be in compliance with City building code standards. Towers, chimneys, roof structures, flag poles, radio and television antennae: None of these additions are proposed. Physical relationship of proposed structures to existing structures in the neighborhood: The structures are adequately located on the property and will provide for privacy on adjacent properties as described in Item No.2. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares: Design of the new building includes orange brick, cream-colored rough plaster, bronze tint windows, and brown anodized window frames, all of which are consistent with the building materials existing on the Church and parish hall. The modular classroom building exhibits cream color synthetic siding with a faux rough trowel finish. The building color matches the stucco on the proposed building, accents on the parish hall, and the existing school classroom buildings. The modular building's bronze tint windows, brown framing, and brown doors are also consistent with trim colors on the existing buildings. Development guidelines and criteria as adopted by the City Council: Pursuant to the zoning district standards, the project approval would establish the setbacks and height limitations for the buildings on the subject property. 5. 6. 7. 8. 9. G. The project is categorically exempt pursuant to Section 15303 (Class 3) of the California Environmental Quality Act. The Planning Commission hereby approves Conditional Use Permit 04-011 and Design Review 04-009, for the use of a 2,490 square foot modular building as a permanent classroom building and to construct a 5,950 square foot free-standing two-story office and meeting room building at 1301 Sycamore Avenue also known as the northwesterly half of Lot Fifty in Block Eleven of Irvine's Subdivision, in the City of Tustin, County of Orange, State of California, subject to conditions contained in Exhibit A attached hereto. II. Resolution 3935 Page 5 PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 25th day of October, 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 Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3935 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 25th day of October, 2004. ELIZABETH A BINSACK Planning Commission Secretary EXHIBIT A CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 04-011 AND DESIGN REVIEW 04-009 OCTOBER 25, 2004 GENERAL (1 ) 1.1 (1 ) 1.2 (1 ) 1.3 (1 ) 1.4 (1 ) 1.5 The proposed use shall substantially conform with the submitted plans for the project date stamped October 25, 2004, on file with the Community Development Department, except as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Director of Community Development may also approve minor modifications to plans during plan check if such modifications are to be consistent with the provisions of the Tustin City Code and other applicable codes. The conditions contained within Resolution No. 3935 must be complied with prior to building permit issuance unless otherwise stated in a specific condition. The subject project approval shall become null and void unless permits for the proposed project are issued and substantial construction is underway within twelve (12) months of the date of this Exhibit. Time extensions may be considered if a written request is received by the Community Development Department within thirty (30) days prior to expiration. Approval of Design Review 04-009 and Conditional Use Permit 04-011 is contingent upon the applicant 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. 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. SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODE/S (4) DESIGN REVIEW (5) (6) (7) *** RESPONSIBLE AGENCY REQUIREMENT LANDSCAPING GUIDELINES PC/CC POLICY EXCEPTION Exhibit A - Resolution 3935 DR 04-009 and CUP 04-011 Page 2 (1 ) 1.6 (1 ) 1.7 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. 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. PLAN SUBMITTAL (5) 2.1 At the time of building permit application, the plans shall comply with the 2001 California Building Code (CBC), 2001 California Mechanical Code (CMC), 2001 California Plumbing Codes (CPC), 2001 California Electrical Code (CEC), California Title 24 Accessibility Regulations, Title 24 Energy 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. . Structural calculations, two (2) copies. . Title 24 energy calculations, two (2) copies. . Elevations that include all proposed dimensions, materials, colors, finishes, and partial outlines of adjacent buildings on-site and off- site where applicable. . The location of any utility vents or other rooftop equipment shall be provided on the roof plan and must be shown to be located a minimum of six inches below the roof parapet wall, or as otherwise approved by the Director of Community Development. . Details of all proposed lighting fixtures and a photometric study showing the location and anticipated pattern of light distribution of all proposed fixtures. All new light fixtures shall be consistent with the architecture of the building. All exterior lighting shall be designed and arranged as not to direct light or glare onto adjacent properties, Including the adjacent streets. Wall-mounted fixtures shall be directed at a 90-degree angle directly toward the ground. All lighting shall be developed to provide a minimum of one (1) foot-candle of light coverage, in accordance with the City's Security Ordinance. No Exhibit A - Resolution 3935 DR 04-009 and CUP 04-011 Page 3 (5) (5) (5) (5) (5) 2.2 2.3 2.4 2.5 2.6 lights may be installed on the exterior of the north elevation of the 5,950 square foot building. . 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. . Plans must show that all ground- and wall-mounted mechanical and electrical fixtures and equipment will be adequately and decoratively screened. The screen is considered as an element of the overall design of the project and must be shown on the plans to blend with the architectural design of the building. All telephone and electrical boxes need to be indicated on the building plans and must be completely screened. Electrical transformers need to be shown on the plans as located toward the interior of the project, maintaining sufficient distance to minimize visual impacts from the public right-of-way. Any alteration, modification, or addition to a manufactured structure requires a permit from the Division the State Architect (DSA). At the time plans are submitted for plan check for the 4,950 square foot building, the modular building must be shown to be accessable to persons with disabilities as per State of California Accessibility Standards (Title 24). The plans submitted at plan check 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. The plans submitted at plan check shall indicate that openings in exterior walls are not less than five (5) feet from property lines, 2001 California Building Code (Table SA). The plans submitted at plan check shall indicate that exterior walls are one hour fire resistive of construction where exterior walls are less than twenty (20) feet from property lines, 2001 California Building Code (Table 5-A). All openings need to be protected when walls are less than ten (10) feet from property lines. The plans submitted at plan check shall indicate that each corridor has walls and ceilings of not less than one-hour construction. Exhibit A - Resolution 3935 DR 04-009 and CUP 04-011 Page 4 (5) (5) (5) (5) (5) (5) 2.7 The plans submitted at plan check shall indicate that corridors serving an occupant load of 30 or more are one hour fire resistive and all openings into the corridor are protected as specified in section 1004.3.4 and 1004.3.4.3 of the 2001 CBC. 2.8 The plans submitted at plan check shall indicate an area analysis for all buildings, and show compliance with allowable floor areas based on 2001 California Building Code Chapter 5, Table 5-B. 2.9 The plans submitted at plan check shall indicate that a level floor or landing is provided at all doors. This area shall have a minimum length of 60 inches in the direction of the door swing and 48 inches in the opposite direction of the door swing. 2.10 Prior to building permit issuance, clearance from the Orange County Fire Authority is required. 2.11 The plans submitted at plan check shall indicate that vehicle parking, primary entrance to the building, the primary paths of travel, sanitary facilities, drinking fountain, and public telephones shall be accessible to persons with disabilities. 2.12 The plans submitted at plan check shall indicate that parking for disabled persons is provided with an additional five (5) foot loading area with striping and ramp and that disabled persons are 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. (5) 2.13 Prior to grading permit issuance, the applicant shall provide four (4) sets of final grading plans consistent with the site and landscaping plans as prepared by a registered civil engineer. The plans 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. All site drainage shall be handled on-site and shall not be permitted to drain onto adjacent properties. . Exhibit A - Resolution 3935 DR 04-009 and CUP 04-011 Page 5 (5) (5) (5) (5) (5) (5) (5) . Drainage, vegetation, circulation, street sections, curbs, gutters, sidewalks, and storm drains shall comply with the on-site Private Improvement Standards. . Two (2) copies of Hydrology Report. 2.14 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. 2.15 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. 2.16 Prior to the issuance of a building permit, the applicant shall provide information to ensure compliance with requirements of the Orange County Fire Authority, including fire flow and installation of fire hydrants subject to approval of the City of Tustin Public Works and/or Irvine Ranch Water District. . 2.17 Prior to issuance of grading 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. 2.18 Prior to issuance of grading permits, the property owner shall record CC&Rs or another legal instrument approved by the City Attorney that shall require the property owner, successors, tenants (if applicable), and assigns to operate and maintain in perpetuity the post-construction BMPs described in the WQMP for the project. 2.19 The Community Development and Public Works Department shall determine whether any change in use requires an amendment to an approved Water Quality Management Plan. 2.20 Prior to grading or building permit issuance a note shall be provided on final grading and building plans stating that 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. Exhibit A - Resolution 3935 DR 04-009 and CUP 04-011 Page 6 (5) (5) (5) 2.21 Prior to issuance of a certificate of occupancy, 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. 2.22 No outdoor storage shall be permitted except as approved by the Tustin Community Development Director. 2.23 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. ARCHITECTURE (4) (4) (4) 3.1 All exterior treatments for the 4,950 square foot building shall be consistent with the approved color/material samples and noted on all construction plans and elevations, subject to review and approval by the Community Development Department at final inspection. The colors and materials for the exterior of the building shall be consistent the materials on existing buildings and shall include the following: Location exterior wall exterior wall exterior windows north face of 2nd story Material Norman brick rough plaster glass with anodized framing sandblasted glass with anodized framing Color light orange cream bronze framing and glass tint bronze framing and glass tint 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. 3.2 All exposed metal flashing or trim shall be painted to match the building. 3.3 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, unless otherwise approved by the Director of Community Development. LANDSCAPING Exhibit A - Resolution 3935 DR 04-009 and CUP 04-011 Page 7 (1 ) (1 ) USE (1 ) (1 ) (1 ) (1 ) 4.1 4.2 5.1 5.2 5.3 5.4 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. Landscaping shall be provided between the 5,950 square foot building and the residential properties to the north and shall be subject to review and approval by the Community Development Director prior to issuance of a building permit. The Pinus Eldarica trees shall be substituted with a tree species that will create a dense arrangement of narrow trees near the building. If needed, a vine treatment shall be used on the north elevation of the building to provide additional screening. 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 and the perimeter of 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. Previously approved and active entitlements, including Planning Commission Resolution No. 1462, shall remain in effect and apply in conjunction with Resolution No. 3935. The property owner shall be responsible for the daily maintenance and upkeep of the facility, including but not limited to, trash removal, painting, graffiti removal, and maintenance of improvements to ensure that the facilities are maintained in a neat and attractive manner. All graffiti shall be removed within 72 hours of a complaint being transmitted by the City to the property owner/tenant. Failure to maintain said structure and adjacent amenities will be grounds for City enforcement of its Property Maintenance Ordinance, including nuisance abatement. If in the future the City determines that parking, traffic, or noise problems exist on the site or in the vicinity, the Community Development Director may require that the property owner prepare an analysis and bear all associated costs. If the study indicates that there is a parking, traffic, or noise impact, the applicant/property owner shall provide interim and permanent mitigation measures to alleviate the problem. All activities approved under CUP 04-011 shall be conducted entirely within the subject buildings. Exhibit A - Resolution 3935 DR 04-009 and CUP 04-011 Page 8 The uses indicated in Groups One (1) and Two (2) of the parking summary may not occur simultaneously without prior approval in writing from the Community Development Director. At plan check and prior to building permit issuance, the applicant shall add the parking summary to the site plan. (*) 5.5 Existin Church Existing Parish Hall With Offices Existing Church Offices Proposed Office Proposed Meeting Room Proposed Office Su ort Subtotal Existing School Total Re uired Total Provided Sur Ius 1/3 seats for 659 seats 219.67 Pursuant to previous entitlements, the parish hall is and has always been considered an accessory use to the Church. No additional parking spaces are required, but the parish hall may not 0 erate at the same time as the uses in Grou 2. Pursuant to previous entitlements, the existing Church offices are and have always been considered an accessory use to the Church. No additional parking spaces are required, but the existing Church offices may not operate at the same time as the uses in Grou 2. Total Re uired 219.67 Total Provided 227 Sur Ius 7.33 . based on 9.69 1/250 square feet 2,423 s uare feet. 1/3 persons based occu anc maximum of 107 1/250 square feet based on 1,924 s uare feet 7.70 53.06 1/1 instructor and 1/8 students based on 18 instructors and 330 59.25 students 112.31 227 114.69 on 35.67 (5) 5.6 The Church building shall be limited to a total of 659 seats and must maintain 227 on-site parking spaces. Exhibit A - Resolution 3935 DR 04-009 and CUP 04-011 Page 9 (5) 5.7 (5) 5.8 ENGINEERING (5) 6.1 (5) 6.2 (5) 6.3 (5) 6.4 (5) 6.5 (5) 6.6 (5) 6.7 (5) The property owner shall maintain the modular classroom building in good exterior physical condition as determined by City code enforcement staff. The Church school is limited to 330 students and 18 instructors. Prior to final inspection, the applicant shall remove and replace any missing or damaged public improvements (i.e. driveways, curb and gutter, sidewalk, etc.) along Sycamore Street adjacent to the project. Existing sewer and domestic water shall be utilized whenever possible. Any damage done to existing street improvements and utilities shall be repaired prior to final inspection. Prior to any work in the public right-of-way, an Encroachment Permit shall be obtained and ~pplicable fees paid to the Public Works Department. On the plans provided at plan check, current Federal Americans with Disabilities Act (ADA) requirements shall be shown at the drive aprons and pedestrian walkways. This 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. Project Recycling Requirement - The City of Tustin is required to comply with the recycling requirements contained in the California Integrated Waste Management Act of 1989. To facilitate City compliance with this law, the Project Applicant is required to comply with Section 4327 of the Tustin City Code, which details the requirements for developing and implementing a Waste Management Plan. The plan specifically requires the following: . The Applicant, Property Owner and/or tenant(s) need to participate in the City's recycling program. . Prior to issuance of a building permit, the applicant shall provide a solid waste recycling plan identifying planned source separation and recycling programs to the City of Tustin Public Works Department. 6.8 At the time plans are submitted for plan check, the applicant shall submit a water permit application to the East Orange County Water District and is responsible for all applicable water connection fees. Release/approval Exhibit A - Resolution 3935 DR 04-009 and CUP 04-011 Page 10 (5) 6.9 FIRE (5) 7.1 FEES (1) 8.1 from the East Orange County Water District shall be obtained prior to receiving water service. The developer shall be responsible for all costs related to the installation of new potable and fire-related water services. Pursuant to the "Orange County Fire Authority Plan Submittal Criteria Form," prior to the issuance of a building permit, the applicant shall submit architectural plans for review and approval by the Fire Chief. During the plan review process, the Fire Chief will determine if any addition to and/or modification of an automatic fire sprinkler system is required. Prior to issuance of any building permits, payment shall be made of all applicable fees, including but not limited to, the following. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. a) Building plan check and permit fees to the Community Development Department based on the most current schedule. b) Orange County Fire Authority plan check and inspection fees to the Community Development Department based upon the most current schedule. c) New development fees in the amount of $.10 per square foot of floor area to the Community Development Department. d) School facilities fees of $.36 per square foot of new or added gross square floor area of construction or improvements to the Tustin Unified School District. e) Payment of the Major Thoroughfare and Bridge Fees to the Tustin Public Works Department is required at the time a building permit is issued. The current fee is $3.44 per square foot of the new building. If the applicant provides proof of exemption from property tax, the project is exempt from payment of the major Thoroughfare and Bridge Fees. f) Payment of the Orange County Sanitation District No. 7. Sewer Connection Fees shall be required at the time a building permit is issued. The current fee is $1,600.00 per 1,000 square foot of the building area. A credit amount up to the prior category of use may Exhibit A - Resolution 3935 DR 04-009 and CUP 04-011 Page 11 (1 ) 8.2 be obtained when applicant provides proof of previous sewer connection receipts. g) Water connection fees to the City of Tustin Water Division at the time a building permit is issued. h) Transportation System Improvement Program (TSIP) Benefit Area "B" fees in the amount of $3.31 per square feet of new or added gross square floor area of construction or improvements to the Community Development Department. i) Prior to submittal of a Water Quality Management Plan (WQMP), the applicant shall submit a deposit of $2700.00 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. j) Prior to the issuance of a building permit, a surety/cash bond will 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 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 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.