HomeMy WebLinkAbout02 CUP 04-011 DR 04-009
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Report to the
Planning Commission
DATE:
SUBJECT:
APPLICANT:
PROPERTY
OWNER:
LOCATION:
ZONING:
DECEMBER 13, 2004
CONTINUED PUBLIC HEARING FOR 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 AllOW A 2,490 SQUARE FOOT TEMPORARilY PERMITTED
MODULAR BUILDING TO REMAIN IN USE FOR TWO (2) YEARS
AS A CLASSROOM BUILDING AND TO CONSTRUCT A 5,950
SQUARE FOOT FREE-STANDING OFFICE AND MEETING
ROOM BUILDING FOR THE CHURCH
REQUEST:
RECOMMENDATION
That the Planning Commission approve Alternative 2 for Conditional Use Permit (CUP) 04-
011 and Design Review (DR) 04-009 by adopting Resolution No. 3935.
BACKGROUND
On October 25, 2004, the Planning Commission considered a request by St. Cecilia
Church to use a 2,490 square foot temporarily permitted modular building as a
Planning Commission Report
CUP 04-011 and DR 04-009
December 13, 2004
Page 2
permanent classroom building and to construct a 5,950 square foot free-standing two-
story office and meeting room building at 1301 Sycamore Avenue (Attachment A -
Location Map). A copy of the October 25, 2004 staff report is in Attachment Band
includes information pertaining to prior site history, site surroundings, architecture of the
proposed building, architecture of the modular building, and parking demand. At the
October 25, 2004 meeting, the Planning Commission continued the proposal to the
December 13, 2004, (Attachment C - Meeting Minutes) to allow the applicant to address
the following issues raised and information requested by the Planning Commission:
.
Concern with the permanent use .of the modular building;
Request for alternative on-site locations for the proposed office/meeting room
building given proximity to adjacent single family residences, including
shade/shadow studies for the proposed buildings; and,
Clarification of the proximity of proposed buildings in relation to a SCE Edison
easement adjacent to the north property line.
.
.
PROJECT DESCRIPTION
In response to the Planning Commissions concerns, the applicant submitted a letter
(Attachment D) and provided a proposal for discontinued use of the modular building,
identified three (3) alternative locations and configurations for the proposed 5,950 square
foot office/meeting room building, has provided shade/shadow studies for each alternative,
and has correctly identified an previously incorrectly shown Edison easement on the site
plan. A discussion of each follows.
Modular Building
With each of the alternatives for the proposed office/meeting room building, the applicant
is requesting that the Planning Commission allow the existing on-site modular building
(Attachment E) that is attached to a foundation to be used temporarily as a classroom for
two (2) years. The prior approval was from December 13, 1993 to December 13, 2000; no
extension was ever granted. Staff recommends that this request be granted. Condition
1.9 would require the applicant to post a bond for removal of the modular building by
December 13, 2006.
Proposed Building
The alternatives for the 5,950 square foot office/meeting room building are outlined in
order of preference by the applicant. .
Alternative 1
Alternative 1 involves no change to the original proposal with the exception of the
temporary rather than permanent use of the modular building (Attachment F). The
Planning Commission Report
CUP 04-011 and DR 04-009
December 13, 2004
Page 3
approximately thirty (30) foot tall building would 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,
leaving an overall surplus of seven (7) parking spaces. Overall, the site will continue to
retain sixteen (16) percent landscaping. The building would be a 5,950 square feet,
would consist of 1 ,603 square feet of meeting room area, 2,423 square feet of offices,
and the remaining 1,924 square feet would be dedicated to restrooms, corridors, and
storage.
The shade and shadow study for the building in Alternative 1 (Attachment F) is
summarized as follows:
Square feet of single family parcels covered by shadow
Solar Angles 14702 Charloma Drive 14722 Charloma Drive Other properties
(Church rectory)
December 22
9:00 a.m. 2450 s.f. - most of rear 725 s.f. - in north side yard 0
yard covered 90 s.f. - northeast corner of
12:00 p.m. 1685 s.f. - first 25 feet yard 0
of rear yard covered
March 22
9:00 a.m. 894 s.f. - southeast 771 s.t. - northeast corner ot 0
corner of rear yard rear yard covered
covered 0
12:00 p.m. 0 0
June 21
9:00 a.m. 371 s.f. - southeast 588 s.f. - northeast corner of 0
corner of rear yard rear yard covered
covered
12:00 p.m. 0 0 0
* Shadow encroachment distances are provided without regard to trees on the property.
Alternative 2
Staff recommends that the Planning Commission approve Alternative 2 (Attachment G)
which does not vary from Alternative 1 with respect to building size, height, floor plan, or
architecture but does involve a relocation of the building so that it is aligned behind the
residence at 14722 Charloma Drive (St. Cecilia Church Rectory) and is set back
eighteen feet ten inches (18'10") from the north property line separating the Church
property from the single family residence, which is approximately nine (9) feet further
away from the residence than Alternative One (1). The building would be approximately
65 feet west of the parish hall, 67 feet east of the Sycamore Avenue right-of-way, and
20 feet north of the Church. The location of the building would displace a minimal
Planning Commission Report
CUP 04-011 and DR 04-009
December 13, 2004
Page 4
amount of landscaping, a portion of a driveway, and with the provision of disabled
access spaces, would reduce parking by two (2) spaces, leaving an overall surplus of
five (5) spaces. While Alternative 2 has not been formally reviewed by the Orange
County Fire Authority (OCFA), the City's Building Division has reviewed the plans and
does not foresee any significant fire access issues that cannot be addressed at plan
check. However, Condition 7.1 is included to require OCFA review and approval prior to
issuance of permits and allows the Director of Community Development to approve
minor changes to the building or site plan that may be necessary to meet OCFA
requirements.
The building proposed in Alternative 2 would be comparable to the thirty (30) foot height
and twenty (20) foot setback distance of the existing parish hall for the Church which is
east of the proposed building.
The shade and shadow study for the Alternative 2 building (Attachment G) is
summarized as follows:
Square feet of single family parcels covered by shadow
Solar Angles 14702 Charloma 14722 Charloma Drive 14732 Charloma Drive
Drive (Church rectorv)
December 22
9:00 a.m. 220 s.f. - in south 2800 s.t. - covering the 0
side yard entire rear yard
12:00 p.m. 513 s.f. - southeast 850 s.f. - covering the 0
corner of rear yard first 19 feet of the rear
yard
March 22
9:00 a.m. 0 1086 s.f. - covering the 0
first 18 feet of the rear
yard
12:00 p.m. 0 0 0
June 21
9:00 a.m. 0 404 s.f. - covering the the 105 s.f. - northeast
first 8 feet of the rear yard. corner of rear yard
12:00 p.m. 0 0 0
* Shadow encroachment distances are provided without regard to trees on the property.
Alternative 3
Alternative 3 (Attachment H) reduces the proposed building from two (2) to one (1)
stories. The same amount of square feet as Alternatives One (1) and Two (2) is
proposed for the building but the amount of parcel area covered by the building nearly
doubles. The building height would be reduced to approximately 18 feet. The building
would be located approximately ten (10) feet west of the parish hall, fifty one (51) feet
east of the Sycamore Avenue right-of-way, sixteen (16) to twenty three (23) feet north of
the Church, and ten and on-half (10.5) feet south of from the north property line
separating the Church property from the single family residences. The building would
Planning Commission Report
CUP 04-011 and DR 04-009
December 13, 2004
Page 5
be in the line of the rear yards of 14722 Charloma Drive (Church rectory) and 14702
Charloma Drive. The location of the building would displace between 2,000 and 3,000
square feet of landscaping, a driveway, a curb cut, and four parking spaces.
The architecture of the one story building would be consistent with the architecture of
existing on-site buildings and utilizes the same colors and materials as proposed in
Alternatives One (1) and Two (2). The Church facing (south) elevation would consist of
cream-color rough plaster walls broken up by rows of orange brick that span from top to
bottom of the building and non reflective bronze glass encased in bronze anodized
mullions. The north elevation would consist of cream-color rough plaster walls in the
center of the building and orange brick in stack bond at the building ends. Non-reflective
bronze tint windows in bronze anodized mullions would be evenly spaced on the elevation.
The east facing elevation would consist of stack bond brick, cream color rough stucco
walls, non-reflective bronze glass with bronze anodized mullions, and an orange brick wall
with the upper portion provided in a Flemish bond with a protruding header. The west
elevation would consist primarily of cream color rough stucco walls, bronze windows,
bronze mullions, and some brick accents.
The shade and shadow study for the building in Alternative 3 (Attachment H) is
summarized as follows:
Square feet of single family parcels covered by shadow
Solar Angles 14702 Charloma Drive 14722 Charloma Drive 14732 Charloma Drive
(Church rectory)
December 22
9:00 a.m. 1872 s.f. - south half of 2559 s.f. - covers nearly the 221 s.f. - northeast corner
entire rear yard entire rear yard. of rear yard
12:00 p.m. 504 s.f. - covering the 404 s.f. - covering most of 0
first 8 feet of the rear the first 8 feet of the rear
yard yard
March 22
9:00 a.m. 448 s.f. - first 13 feet of 910 s.f. - first 13 feet of 52 s.f. - northeast corner of
the south half of the entire rear yard. rear yard
rear yard
12:00 p.m. 0 0 0
June 21
9:00 a.m. 0 0 0
12:00 p.m. 0 0 0
* Shadow encroachment distances are provided without regard to trees on the property.
For all existing and proposed buildings in all alternatives, 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.
Planning Commission Report
CUP 04-011 and DR 04-009
December 13, 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 Alternative 2 including the construction of a 5,950 square foot office
and meeting room for the Church and the temporary use of a modular building for
classroom instruction two (2) years can be supported 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/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 temporary for two (2) years 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)
As conditioned and described in section (h), the permanent building would be
compatible with existing on-site and adjacent uses and meet design review
criteria, the modular classroom building would be temporary for two (2) years, all
uses under the subject entitlements would occur inside their respective buildings.
d)
Sufficient parking would be available for the 5,950 square foot Church office and
meeting room use since, pursuant to Condition 5.6, 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.
e)
The two (2) year temporary 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
December 13, 2004
Page 7
f)
g)
h)
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.
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.
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, as follows:
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 would remain at under twelve (12)
feet. In addition, the Church and parish hall are of corresponding heights
to the new building. Under Alternative 2, the shade and shadow that
would be projected onto adjacent properties would be primarily on the rear
yard of a single family dwelling currently owned by the Church (rectory)
with minimal intrusion onto the residences adjacent to the rectory. 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 eighteen (18) feet ten (10) inches from
the side property line, maintains approximately the same setback as the
existing parish hall, and the proximity of the second story to the property
line shared with the single family residences is mitigated with translucent
windows. The setback to the side property line results in minimal shade
and shadow effects on the residences that are adjacent the Church
rectory. The modular classroom is buffered from view from Sycamore
Avenue since it is behind the existing 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 are
consistent with several of the other buildings on the site and appropriate to
the architectural style of the buildings.
Size and spacing of windows, doors, and other openings: The windows
2.
3.
4.
5.
Planning Commission Report
CUP 04-011 and DR 04-009
December 13, 2004
Page 8
6.
7.
8.
Attachments:
and doors of the proposed and existing buildings are appropriate for the
style of architecture proposed and would be constructed in compliance
with City building code standards.
Physical relationship of proposed structures to existing structures in the
neighborhood: The structures are located on the property to address the
need for privacy and minimal shade impacts 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.
A.
B.
C.
D.
E.
F.
G.
H.
I.
)
'~L-( wZf-~vt
Karen Peterson
Senior Planner
Location Map
October 25, 2004 Staff Report
October 25, 2004 Minutes
November 24, 2004, letter from St. Cecilia Church Pastor
Modular Building Plans
Alternative 1 Plans and Shade/Shadow Study
Alternative 2 Plans and Shade/Shadow Study
Alternative 3 Plans and Shade/Shadow Study
Resolution No. 3935
S:\CddlPCREPORT\2004\CUP 04-011 and DR 04-009 deffered.doc
ATTACHMENT A
LOCATION MAP
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TUSTIN
CITY
MAP
LEGEND
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ATTACHMENT B
OCTOBER 25, 2004 STAFF REPORT
ITEM #2
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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 Repor.
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 Reporl
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 Reporl
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: .
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
Existin Church
Existing Parish Hall
With Offices
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 Repon.
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 Meeting
Room
Proposed Office
Support
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 Office
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 Repon.
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 Reporl
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 Reporl
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.
œ~-
Associate Planner
¡"(O/V- J ~ h tV ~
Karen Peterson
Senior Planner
Attachments:
A.
B.
C.
D.
Location Map
Submitted Plans
Parking Survey
Resolution No. 3935
S:ICddlPCREPOR1\CUP 04-011 and DR 04-009.doc
ATTACHMENT C
OCTOBER 25, 2004 MINUTES
7:03 p.m.
Given
All present
Staff present
None
Approved
Director
Continued to
December 13, 2004,
Planning Commission
meeting
MINUTES
REGULAR MEETING
TUSTIN PLANNING COMMISSION
OCTOBER 25, 2004
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
Elizabeth Binsack, Community Development Director
Greg Simonian, Deputy City Attorney
Doug Anderson, Senior Project Manager-Transportation
Karen Peterson, Senior Planner
Chat Ortlieb, Associate Planner
Justina Willkom, Associate Planner
Eloise Harris, Recording Secretary
PUBLIC CONCERNS
CONSENT CALENDAR
1.
APPROVAL OF MINUTES - SEPTEMBER 27, 2004,
PLANNING COMMISSION MEETING.
It was moved by Pontious, seconded by Menard, to approve
the Consent Calendar. Motion carried 5-0.
Introduced Greg Simonian, Deputy City Attorney, who attended
the meeting in Doug Holland's absence.
PUBLIC HEARING
2.
CONDITIONAL USE PERMIT 04-011 AND DESIGN
REVIEW 04-009 REQUESTING 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 OFFICE AND MEETING ROOM BUILDING
FOR THE CHURCH. THE PROJECT IS lOCATED
AT 1301 SYCAMORE AVENUE IN THE PUBLIC AND
INSTITUTIONAL (P&I) ZONING DISTRICT.
RECOMMENDATION:
That the Planning Commission approve Conditional
Use Permit 04-011 and Design Review 04-009 by
adopting Resolution No. 3935.
Minutes -Planning Commission October 25, 2004 - Page 1
7:06 p.m.
Ortlieb
Nielsen
Director
Nielsen
Floyd
Ortlieb
Director
Nielsen
Aric Gless, of Gless
Architects, representing
the applicant
Nielsen
Mr. Gless
The Public Hearing opened.
Presented the staff report, pointing out certain revisions that
were provided at the dais.
Asked if staff wanted to make any comments pertinent to the
revIsions.
Referred to the letter from Mary and Don Brockschmidt dated
May 27, 2004, which was not included in the report, but was
being provided to the Planning Commissioners and is
incorporated herein by reference; and, indicated she would
provide further comments after the Commissioners read the
letter.
Suggested that the Commissioners present their questions to
the staff.
Asked for the location of the property.
Pointed out the location on the PowerPoint slide.
Referred to issues raised in the letter; stated the two-story
proposal is 13% feet from the back fence and is actually
located 10 feet 6 inches from the property line and is 30 feet in
height; Condition 3.1 states the north face of the second story
windows would be sand-blasted glass with anti-framing and
would be opaque and not allow anyone inside to have a view
from the second story offices.
Indicted the airplane noise and property value items are difficult
issues to address.
Noted that Mr. Brockschmidt wished to make a presentation.
Invited the applicant to the podium.
Stated staff did a very good job describing the project, and he
was available to answer any questions the Planning
Commission might have.
Asked if there were any long-term plans to replace the modular
building with a permanent one.
Answered that the only plan for the modular is to keep it as it is
and continue its use; the modular has been very well
maintained, well landscaped, and looks much better than when
installed.
Minutes - October 25, 2004 Planning Commission - Page 2
Floyd
Mr. Gless
Nielsen
Mr. Gless
Menard
Mr. Gless
Nielsen
Mr. Gless
Nielsen
Don Brockschmidt,
14702 Charloma Drive
Director
Asked if the modular originally was intended to be a temporary
situation.
Stated that was the original intention, but the building has been
kept up so well that continuing it as permanent seemed the
logical thing to do.
Questioned whether or not the activities that take place in the
modular building could take place in the new building.
Answered that the numbers of people involved necessitate the
additional space; the ministries in the parish are growing and
require more places to meet; moving the office staff from the
current space into the new building also became necessary
due to the need for more meeting places.
Asked for information regarding the specific use of the modular.
Indicated that the modular is primarily a classroom building.
Asked if there was ever discussion of creating a one-story
rather than a two-story building.
Stated that the size was dictated by the space required; the
two-story building provides better land use; one story would
cause the loss of too many parking spaces.
Invited any other parties involved to come forward.
Indicated the home where he and his wife have lived for thirty
years is next to the priests' house; noted his wife is a
parishioner of St. Cecelia's and active in the Church; noted he
opposes this project which would be very close to his back
yard; presented a photo showing an existing office building that
is 20 feet from his property line and not in back of the priests'
house; showed a view that was not presented in the staff slide
show of the existing two-story gymnasium building and how it
looks from his neighbor's home; suggested that no one would
appreciate such a building in one's "back yard"; asked where
the utility easement begins and whether or not the Tustin Code
provides buffer zones between residential and non-residential
buildings; indicated this structure will diminish his property
values; and, requested that the Planning Commission deny this
application.
Stated there is no buffer zone in the Public and Institutional
zone; there are no set standards regarding buffer zones for this
district; those standards are established by the Planning
Commission and subject to the Commission's discretion; staff
is unaware of the utility easement, but it may be on the
Minutes - October 25, 2004 Planning Commission - Page 3
Nielsen
Mr. Gless
Nielsen
Mr. Gless
Don Studebaker,
1363 Sycamore
Mr. Brockschmidt
Nielsen
Lee
Ortlieb
Mr. Brockschmidt
adjacent property; there would be no setback requirement
imposed on the church; property values are an unknown factor;
an appraiser would be required to determine any effect the
proposed development may have on the surrounding property
values; the letter received from Mr. and Mrs. Brockschmidt in
May was taken into consideration through the planning process
and was discussed with the architect; staff recommended to
the architect that the building be either relocated on the
property or setback, that a single story be provided closer to
the residences and the two-story structure closer to the interior
portion of the church property; this is a discretionary review
before the Planning Commission; the Planning Commission
may approve, conditionally approve, or deny the proposal.
Asked if the applicant would like to address any of the issues.
Stated that the building will straddle part of the parish rectory
property; the view shown by Mr. Brockschmidt did not show the
mature trees along the back of the residential properties which
would partially screen the view from the building; the glazing on
the windows would inhibit any view into the residential area; the
parking lot cannot be used for this building due to the loss of
required parking spaces; the location chosen seemed the best
one for new construction; the setbacks, heights, and use
comply with the City's zoning ordinance and the California
Building Code.
Asked if the second story use will be all office and meeting
rooms.
Indicated the second story primarily consists of meeting rooms.
Stated he had no problem with the building; his concern is the
parking, which already creates a problem for access into and
out of his driveway on Sundays between 8:00 a.m. and 1 :00
p.m.
Asked if there is an easement and where it is located.
Suggested that staff will provide that information.
Asked for clarification of the height limit.
Answered the height limit would be established by the Planning
Commission; and, added there is a 10 foot easement along the
Church's property line.
Asked if that 10 foot easement complies with the Code; and, if
so, could a building actually be built within half a foot of that
easement.
Minutes - October 25, 2004 Planning Commission - Page 4
Ortlieb
7:43 p.m.
Pontious
Director
Commissioners
Mr. Gless
Pontious
Floyd
Mr. Gless
Director
Menard
Director
Nielsen
Floyd
Answered in the affirmative.
The Public Hearing closed.
Stated the issues that were brought up require more
information; suggested that a light and shadow study would be
appropriate; and, asked that this item be continued in order for
staff to consider the impacts of the project.
Asked if such a continuance was the consensus of the
Commission; and, suggested the applicant would probably
need at least a month to fulfill the requests placed before him.
Answered in the affirmative; and, asked that the item be placed
on the agenda for the first meeting in December.
Asked for clarification regarding exactly what the Commission
is asking him to do.
Answered that the architect should provide a light and shadow
study and also provide alternative sites for the building
indicating the constraints involved in such sites.
Asked if the structure could be placed at the parking lot location
behind the priests' home and make the building longer.
Stated the walkway from the parking lot would be accented
with trees and shrubs and keep the building as close as
possible to that access; having the cars closer to the street
would be preferable to having cars between the buildings.
Asked that the Planning Commission provide general direction
for the applicant.
Stated the modular building was proposed as a temporary
building to be removed in December 2000; he cannot support
allowing that building as a permanent structure; the applicant is
in violation of the original conditional use permit; allowing this
building to remain will set a precedent for other churches to
come back to the Planning Commission with similar requests.
Asked that the Commission go through their comments before
any rebuttal from the applicant's representative.
Asked the Commissioners if they agreed with Commissioner
Menard's position regarding the modular structure.
Stated he is on record regarding setting such a precedent.
Minutes - October 25, 2004 Planning Commission - Page 5
Pontious
Lee
Nielsen
Pontious
Director
Nielsen
Pontious
Adopted Resolution
No. 3936
Willkom
Indicated that setting a precedent is something the
Commission needs to consider.
Suggested that perhaps there is a way to integrate the existing
building with the proposed structure, which could possibly be
accomplished by moving the location nearer to the existing
building.
Asked if the modular building could be permitted as temporary
with a plan to remove it sometime in the future.
Indicated the only way would be to accept the temporary use
with a time certain when the use would be discontinued.
Stated that a re-inspection may be required; the facility was to
be discontinued about four years ago; staff does not know if the
structure has been modified or re-inspected by the State or
whether or not it currently meets the appropriate safety
standards; the use was to be discontinued as of this date.
Recapped the Commission's concerns as follows:
. The light and shadow study.
. The easement concern.
. Alternate placement of the new building and
with modular building becoming permanent.
concern
Moved that this item be continued to the Planning
Commission's first meeting in December, seconded by Floyd.
Motion carried 5-0.
3.
2003-04 GENERAL PLAN ANNUAL REPORT.
California State Law requires each City to adopt a
comprehensive, long-term general plan for its physical
development and any land outside its boundaries which
bears a relationship to its planning activities. As a
blueprint for the future, the plan contains policies and
programs designed to provide decision makers with a
solid basis for land use related decisions.
RECOMMENDATION:
That the Planning Commission adopt Resolution No.
3936 recommending that the City Council adopt the
2003-04 Annual Report on the Status of the Tustin
General Plan.
Presented the staff report.
Minutes - October 25, 2004 Planning Commission - Page 6
Menard
Willkom
Nielsen
Willkom
Continued to a date
to be determined
Director
Peterson
Floyd
Asked how many residents are participating in the Mills Act.
Responded there are six properties currently involved in the
Mills Act program.
Asked regarding Goal 12 what is meant by "maintain a semi-
rural low density character of North Tustin."
Indicated that North Tustin is part of the City's sphere of
influence but not part of the City's jurisdiction.
It was moved by Floyd, seconded by Pontious, to adopt
Resolution No. 3936. Motion carried 5-0.
4.
DENSITY BONUS WORKSHOP.
The workshop is intended to provide the Planning
Commission with an overview of how the incentives for
the development of affordable housing and the density
bonus law applies to the City of Tustin. Staff will
provide a PowerPoint presentation at the meeting.
Stated the workshop needed to be continued due to recent
State legislation that will modify the operation of density
bonuses in the State of California; the local ordinance also may
need modification to be consistent with State law; the City
Attorney and staff will be investigating how the new legislation
will impact the local ordinance and report back to the Planning
Commission.
5.
PROJECT SUMMARY.
The summary focuses on the status of projects that
the Planning Commission, Zoning Administrator, or
Community Development Director approved, major
improvement projects, and other items of interest.
Noted there are a number of projects in the grading stage (i.e.
Heritage Plaza on First Street and the Barn site at Edinger and
Newport Avenue); pointed out the Gateway Business Park,
which is the second half of the Steelcase site and is in the
framing stage-265,000 square foot office and industrial
development; showed the progress on the Tustin Ranch Golf
course, a 6,000 square foot banquet facility extension, and the
completed Pacific Business Center on Woodlawn at Edinger;
and, indicated that construction will begin November 1st on the
widening project at Newport and Irvine Boulevard.
Asked what is happening with Trader Joe's.
Minutes - October 25, 2004 Planning Commission - Page 7
Peterson
Nielsen
Anderson
Nielsen
Anderson
Director
Director reported
Answered that Trader Joe's is doing their tenant improvements.
Referred to flyers on the City's Web site regarding the Irvine
and Newport expansion and the Red Hill expansion; noted
there was an Open House at the Senior Center on October 20th
for the Irvine and Newport expansion; and, asked if there was
also an Open House for the Red Hill expansion.
Indicated the contract for the Red Hill expansion was awarded
in August 2003; there was an Open House at that time.
Asked if Mr. Anderson attended the most recent Open House.
Answered in the negative but offered to provide information
from that event; indicated that mostly business owners
attended; and, noted concerns were heard from the owners of
Tustin Brewery regarding the loss of the temporary parking on
the street that serves the facility.
Stated the commercial development for Prospect Village has
been received into plan check; that portion should begin during
the first quarter of 2005; the residential portion of the project
will follow.
STAFF CONCERNS
6.
REPORT OF ACTIONS TAKEN AT THE OCTOBER 4
AND OCTOBER 18, 2004, CITY COUNCIL
MEETINGS.
The City Council approved the Disposition and Development
Agreement for a Town Center Redevelopment project,
consolidating two parcels on which Makena Great American
Newport Company proposes to construct a 7,400 square foot
one-story retail commercial building at the southwest corner of
Newport Avenue and EI Camino Real; this is the former Tustin
Transmission and Caltrans property; this proposal will be
brought to the Planning Commission in the near future.
Noted there had been interest expressed in a County island
located in the vicinity of 1ih Street and Tustin Avenue; the
Planning Commission asked that the item be placed on a
future agenda; members of the public also presented this item
of interest before the City Council; the item was continued to
the Council's second meeting in November; when staff reports
back to the City Council, a report will be provided to the
Planning Commission.
Minutes - October 25, 2004 Planning Commission - Page 8
Floyd
Pontious
Director
Commissioners
Menard
Lee
Nielsen
COMMISSION CONCERNS
Thanked staff for tonight's presentations.
Reminded everyone to vote next Tuesday.
Reminded everyone that the Dino Dash takes place November
7; and, encouraged everyone to attend.
Noted he recently saw a line around the corner at CompUSA
and was glad to see the location is open and doing good
business.
Stated that Best Buy will be opening November 10, 2004, and
encouraged community support of that location.
Thanked staff for the' summary of projects.
Requested timelines for the development of The Legacy similar
to those provided during the buildout of Tustin Ranch.
Indicated the Redevelopment Agency has been preparing
monthly reports; as the negotiations for the business plan with
the master developer progress, those reports can be provided
to the Commission.
Asked if the Planning Commissioners were aware of the
workshop scheduled at 4:30 p.m. before the Council meeting
on November 1, 2004.
Answered in the affirmative.
Stated that Dino Dash is a very good cause.
Suggested the recreational trail currently going through Tustin
Legacy between Harvard Park and Barranca be connected
from Portola all the way to the Back Bay; and, asked that this
item be added to the timeline.
Announced that Thursday, October 28, at 7:00 p.m., the Tustin
Unified School District Coordinating Council and the Tustin
PTA Council will host a School Board candidates' forum at
Columbus Tustin Middle School.
Stated he had nothing to add to the other Commissioners'
comments.
Noted that Tiller Days was a success and a good time was had
by all.
Minutes - October 25, 2004 Planning Commission - Page 9
Nielsen continued
Thanked staff for the summary of projects.
Noted the passing of Stephen Whitehill who was a prominent
Tustin High School supporter; he died last Sunday at the age of
47; he was a benefit to the community and will be missed.
Thanked Greg Simonian for sitting in for Doug Holland who is
on vacation; and, thanked staff for the presentations.
8:17 p.m.
ADJOURNMENT:
It was moved by Floyd, seconded by Menard, to adjourn the
meeting. Motion carried 5-0.
The next regular meeting of the Planning Commission is
scheduled for Monday, November 8, 2004, at 7:00 p.m. in the
Clifton Miller Community Center at 300 Centennial Way.
John Nielsen
Chairperson
Elizabeth A. Binsack
Planning Commission Secretary
Minutes - October 25,2004 Planning Commission - Page 10
ATTACHMENT D
NOVERMBER 24, 2004 LETTER FROM
ST. CECILIA CHURCH PASTER
St
,
Father Timothy MacCarthy
tmaccarthy@stceciliak8.org
Ms. Elizabeth Binsack
Planning Director
City of Tustin Planning Department
Tustin, CA 92780
RECEIVED
NOV 2 9 2004
COMMUNITY DEVELOPMENT
November 24, 2004
Dear Ms. Binsack:
The purpose of this letter is to provide additional information regarding my request to
build an additional building on St. Cecilia church property at 1301 Sycamore and to
extend our conditionally permitted use status for a current structure called the Sammon
Center. The Sammon Center was named after Monsignor Sammon, our first Pastor, who
still serves the Diocese of Orange.
We have 35 different parish organizations that provide various education programs for
our parishioners, ftom infant to senior, in our current, available, classrooms, which
include the Sammon Center. Over six years ago we recognized the need for additional
classroom space, in addition to the Sammon Center, as lack of space was denying some
organizations from holding sessions. We started a fund drive to provide funds, without
borrowing, to build an additional building to provide classroom space, conference rooms
for small groups, and improved office space.
In June 2003 we reached the point of having the start-up funds to start the planning
process for the additional building. Within the Diocese of Orange we received permission
to obtain an architect, create plans, develop a construction budget, complete a five-year
plan and prepare a presentation.
After receiving our Diocesan approval to build we requested a building permit from the
City of Tustin. The first presentation to the Planning Commission resulted in several
surprises. Our Sammon Center, a permanent structure, meeting all state requirements,
was denied conditional permitted use and with it an implied action of demolition. The
proposed new building was objected to because of one community complaint and the
request for approval was tabled and rescheduled until December.
I have been the Pastor at St. Cecilia Church for 14 years. I have married people, seen
families created, grow, and become educated in the faith using our little complex of
buildings. Our Catholic School is one of the finest schools in the Country. Our School of
Religion, which serves our Vietnamese, Spanish, and English speaking communities, on
evenings and weekends, instructs hundreds of our public school students in morality and
humanity.
1301 Sycamore Avenue - Tustin - Califomia - 92780
714.544.3250
This is not a commercial business that adds its cost of operation to its product. This is a
group of people bound together by a common goal. I must say that to cause us to lose the
classroom space in the Sammon Center would move St. Cecilia Church back to the time
before the Sammon Center. The parishioners through their nickels) dimes) and dollars
built the Sammon Center and to destroy it would send a terrible message to them and
mock their financial sacrifice. To cause our church, any church, to tear down a perfectly
good building just to prove a point would send the wrong message to the residents of the
City of Tustin.
We are willing to compromise on the style of the new building £fom two-story to a one-
story building of ~e same square footage. We request that you extend our conditionally
permitted use of the Sammon Center. We are planning to participate in the December 13
Planning Commission hearing. Our Architect Aric D. Gless) AlA, will resubmit our
drawings by November 29) 2004
Yours in Christ
1~ ~ H ~ Cwvl~
Fr. Timothy MacCarthy) Pastor
DOl Sycamore Avenue - Tustin - California - 92780
714.544.3250
ATTACHMENT E
MODULAR BUILDING PLANS
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ATTACHMENT F
ALTERNATIVE 1 PLANS
AND SHADE/SHADOW STUDY
: I
LEGEND
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SITE PLAN NOTES
PROJECT
DATA
NEW OFFICE I MIG RM êbQQ.
DES"N ..vIEW lOHiO
C,"DInON" USE PER"iT lOA-Oil
PARKING CALCULATION
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CHURCH D'"ANO eov[ANS, 220 STALLS "O.
227 STALLS PROV. OK
TOTAL BU'LD'NG AREA & OCCU'ANT lOAD
160 STALLS
200 fLR 2.006 5.f.
i" flR, 3,°" S.r.
TOIAC, 5,"0 S.f.
AS~'.lY CA-3), 107 OCCUPANTS
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TDlAl, i3i DceUPANTS
SITE COMPOSITION
OUICOINGS ".""r I""
lANOSCAPE. 32,86' $r I""
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PROPOSED PERMANENT
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CONDITIONAL U5E PE'"iT lOA-OI'
EXISTING ClASSROOM BUilD'NG
'-'00 S.f.. E-i OCC, SO oce "" V-N CONS¡
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APPLICABLE CODES
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""" CALifORNIA NECNANOCAI. 000E ,CMeI
"""CALiFORNIAPW.""'OOOE(CPCI
""" CALiF"NIA mc,""" COO< ICECI
""" CALifORNIA TITLE 24 ACeCE",""TY """,,TK>1iS
TITLE 24 ENERGV "GUlATION$,
CiTY "0""""'"
STATE' FEOERAl v.W$ ANOREGUlAT,,"'
FLOOR AREA RA TlQ
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2 "'OS, 121'" X l.25X . SOX 'AX X 8,000
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ATTACHMENT I
RESOLUTION NO. 3935
RESOLUTION NO. 3935
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TUSTIN, APPROVING ALTERNATIVE TWO (2) FOR CONDITIONAL
USE PERMIT 04-011 AND DESIGN REVIEW 04-009 TO AllOW A
2,490 SQUARE FOOT MODULAR BUILDING TO BE USED FOR
TWO (2) YEARS AS A CLASSROOM BUILDING AND TO
CONSTRUCT A 5,950 SQUARE FOOT, FREE-STANDING, TWO (2)
STORY OFFICE AND MEETING ROOM BUILDING (ALTERNATIVE
2) FOR THE CHURCH LOCATED 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
temporarily use a 2,490 square foot modular building for two (2) years as a
classroom building and to construct a 5,950 square foot, free-standing,
two (2) story office and meeting room building for the Church.
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 and the
meeting was continued to December 13, 2004;
D.
That operation of additional Church offices and meeting rooms and the
temporary operation of a modular classroom for two (2) years, 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
Resolution 3935
Page 2
b)
c)
d)
e)
f)
g)
permit and design review process by the plans approved by the
Planning Commission. The uses are appropriate under General
Plan Land Use Element Public/Institutional designation in that the
school and Church function as quasi-public uses.
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 temporary for two (2) years 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.
As conditioned and described in subsection 1. E herein, the
permanent building would be compatible with existing on-site and
adjacent uses and meet design review criteria, the modular
classroom building would be temporary for two (2) years, and all
uses under the subject entitlements would occur inside their
respective buildings.
Sufficient parking would be available for the 5,950 square foot
Church office and meeting room use since, pursuant to Condition
5.6, 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.
The two (2) year temporary 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.
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.
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
Resolution 3935
Page 3
E.
constructed to meet current Federal Americans with Disabilities Act
(ADA) requirements.
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, as follows:
a)
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 would remain at
under twelve (12) feet. In addition, the Church and parish hall are
of corresponding heights to the new building. Under Alternative 2,
the shade and shadow that would be projected onto adjacent
properties would be primarily on the rear yard of a single family
dwelling currently owned by the Church (rectory) with minimal
intrusion onto the residences adjacent to the rectory. 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 eighteen (18) feet
ten (10) inches from the side property line, maintains approximately
the same setback as the existing parish hall, and the proximity of
the second story to the property line shared with the single family
residences is mitigated with translucent windows. The setback to
the side property line results in minimal shade and shadow effects
on the residences that are adjacent the Church rectory, The
modular classroom is buffered from view from Sycamore Avenue
since it is behind the existing 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 are
consistent with several of the other buildings on the site and
appropriate to the architectural style of the buildings.
Size and spacing of windows, doors, and other openings: The
windows and doors of the proposed and existing buildings are
appropriate for the style of architecture proposed and would be
constructed in compliance with City building code standards.
Physical relationship of proposed structures to existing structures in
the neighborhood: The structures are located on the property to
address the need for privacy and minimal shade impacts on
b)
c)
d)
e)
f)
Resolution 3935
Page 4
G.
g)
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 brQnze 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.
h)
The project is categorically exempt pursuant to Section 15303 (Class
3) of the California Environmental Quality Act.
The Planning Commission hereby approves Alternative Two (2) for Conditional
Use Permit 04-011 and Design Review 04-009, to temporarily use a 2,490 square
foot modular building for two (2) years as a permanent classroom building and to
construct a 5,950 square foot free-standing two-story office and meeting room
building (Alternative 2) 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.
PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held
on the 13th day of December, 2004.
JOHN NIELSEN
Chairperson
ELIZABETH A. BINSACK
Planning Commission Secretary
Resolution 3935
Page 5
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
13th day of December, 2004.
ELIZABETH A. BINSACK
Planning Commission Secretary
EXHIBIT A
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT 04-011 AND DESIGN REVIEW 04-009
DECEMBER 13, 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 December 13, 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 CODEIS
(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 )
(***)
(***)
1.6
1.7
1.8
1.9
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.
The property owner shall submit written authorization to allow the Building
Official and representatives of the Orange County Fire Authority to perform
annual inspections of the modular building. The applicant shall pay costs
associated with said inspections.
The 2,490 square foot modular building is temporarily allowed for a period
of no more than two (2) years until December 13, 2006, and shall be
removed by the expiration date, Upon removal, the area shall be
landscaped, unless an alternative treatment is approved in writing by the
Director of Community Development. Within fourteen (14) days of the
date of approval, the applicant and property owner shall provide the City
with the following:
a.
A cash deposit or equivalent surety bond of $10,000.00 for the
estimated costs of removal of the modular building upon the
expiration of the temporary approval.
b.
Written authorization, in a form to be approved by the City Attorney,
that authorizes the City of Tustin to use the cash deposit or bond
and enter onto the property for the purpose of removing the modular
building in the event that the removal does not occur by the applicant
or property owner and disposing of the structure in a manner
acceptable to the City of Tustin,
In the event that the applicant and property owner fail to provide the above
items within the specified amount of time, unless otherwise extended by the
Director of Community Development, the applicant shall remove the
structure from the property within forty-eight (48) hours with no further
notice from the City.
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
Exhibit A - Resolution 3935
DR 04-009 and CUP 04-011
Page 3
(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
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 shall 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
Exhibit A - Resolution 3935
DR 04-009 and CUP 04-011
Page 4
(5)
(5)
(5)
(5)
(5)
(5)
(5)
2.2
2.3
2.4
2.5
2.6
2.7
2.8
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 accessible to persons with disabilities as per
State of California Accessibility Standards (Title 24) and shown to have
sufficient footings and tie-downs. This approval is subject to and
conditioned upon the applicant obtaining written approval from the DSA
within thirty (30) days of the date of approval for the use of the existing
modular unit as a permanent classroom.
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 5A).
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.
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.
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.
Exhibit A - Resolution 3935
DR 04-009 and CUP 04-011
Page 5
(5)
(5)
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.
(5)
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.
2.11
(5)
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 "Rn 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.
.
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.
Exhibit A - Resolution 3935
DR 04-009 and CUP 04-011
Page 6
(5)
(5)
(5)
(5)
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.
(5)
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.
(5)
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.
(5)
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.
(5)
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
2.21
Exhibit A - Resolution 3935
DR 04-009 and CUP 04-011
Page 7
(5)
(5)
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
3.2
3.3
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
rouah plaster
alass with anodized framina
opaque glass with
anodized framing
Color
liaht oranae
cream
bronze framina and alass 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.
Sandblasted windows on the elevation facing single family residences
shall continue to be provided and shall not be replaced with transparent
windows without approval of the Planning Commission.
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, unless otherwise approved by the Director of Community
Development.
LANDSCAPING
(1 )
4.1
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
Exhibit A - Resolution 3935
DR 04-009 and CUP 04-011
Page 8
(1 )
USE
(1 )
(1 )
(1 )
(1 )
(1 )
(*)
4.2
5.1
5.2
5.3
5.4
5.5
5.6
prevention devices at the meter, pipe size, sprinkler type, spacing, and
coverage details for all equipment.
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.
Use of the modular building shall be limited to classroom instruction.
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.
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.
Exhibit A - Resolution 3935
DR 04-009 and CUP 04-011
Page 9
Existin Church
Existing Parish Hall
With 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 225
Existing Church Offices
Surplus 5.33
Proposed Office
Proposed Meeting
Room
Proposed Office
Support
1/250 square feet based
square feet.
1/3 persons based on occupancy
maximum of 107
1/250 square feet based on 1 ,924
square feet
53.06
1/1 instructor and 1/8 students based
on 18 instructors and 330 students
112.31
225
112.69
9.69
35.67
7.70
Subtotal
Existing School
(5) 5.7
(5) 5.8
(5) 5.9
ENGINEERING
(5)
6.1
(5)
6.2
Total Re uired
Total Provided
Sur Ius
59.25
The Church building shall be limited to a total of 659 seats and must
maintain 225 on-site parking spaces.
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 (Le. driveways, curb and gutter,
sidewalk, etc.) along Sycamore Street adjacent to the project.
Existing sewer and domestic water shall be utilized whenever possible.
Exhibit A - Resolution 3935
DR 04-009 and CUP 04-011
Page 1 0
(5) 6.3
(5) 6.4
(5) 6.5
(5)
6.6
(5)
6.7
(5)
6.8
(5) 6.9
FIRE
(5) 7.1
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 applicable 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.
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
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
Exhibit A - Resolution 3935
DR 04-009 and CUP 04-011
Page 11
FEES
(1 )
8.1
modification of an automatic fire sprinkler system is required. The
Community Development Director may approve modifications to the
approved site plan, building elevations, and floor plans to ensure
compliance with Orange County Fire Authority regulations.
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
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
Exhibit A - Resolution 3935
DR 04-009 and CUP 04-011
Page 12
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
(1 )
8.2
Within forty-eight (48) hours of approval of the subject project, the
applicant shall deliver to the Community Development Department, a
cashier's check payable to the COUNTY CLERK in the amount of 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.