HomeMy WebLinkAbout02 CUP 04-011 & DR 04-009
ITEM #2
Report to the
Planning Commission
DATE:
SUBJECT:
APPLICANT:
PROPERTY
OWNER:
LOCATION:
ZONING:
MAY 23, 2005
MODIFICATION OF CONDITIONAL USE PERMIT 04-011 AND
DESIGN REVIEW 04-009
REV. TIMOTHY MACCARTHY
1301 SYCAMORE AVENUE
TUSTIN, CA 92780
ROMAN CATHOLIC BISHOP OF ORANGE, MOST REV. TOD D.
BROWN
ROMAN CATHOLIC BISHOP OF ORANGE, A CORPORATION
SOLE
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)
A REQUEST TO MODIFY CONDITION 1.9 OF CONDITIONAL USE
PERMIT 04-011 AND DESIGN REVIEW 04-009 TO EXTEND THE
PERMITTED USE OF A MODULAR BUILDING FROM JANUARY
10,2007, TO MARCH 1,2012
REQUEST:
RECOMMENDATION
That the Planning Commission approve the modification of Condition 1.9 of Conditional
Use Permit (CUP) 04-011 and Design Review (DR) 04-009 by adopting Resolution No.
3971.
Planning Commission Report
Modification of CUP 04-011 and DR 04-009
May 23, 2005
Page 2
BACKGROUND
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 Saint Cecilia Church's property (Attachment A - Location
Map) until December 13, 2000 (seven years). Use of the modular classroom on the
property was never discontinued.
On January 10, 2005, the Planning Commission adopted Resolution No. 3935
(Attachment B) approving CUP 04-011 and DR 04-009 for the construction of a one-story,
5,950 square foot, free-standing office and meeting room and, as part of the approval,
allowed the modular building to be used until January 10, 2007. A copy of the January 10,
2005, staff report is provided as Attachment C.
The property is located in the Public and Institutional Zoning District. The conditions of
approval for CUP 04-011 and DR 04-009 contain no provisions enabling the Community
Development Director to administratively consider the subject request. Consequently, the
Planning Commission must consider the subject application.
Site and SurroundinQ 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
The applicant is proposing to modify Condition 1.9 of CUP 04-011 and DR 04-009 to allow
the existing modular building to be used as a classroom until March 1, 2012. No other
modifications to the previously approved application are proposed. In considering the
request to modify Condition 1.9 of CUP 04-011 and DR 04-009, the Planning
Commission may consider modifying, deleting, or adding conditions of approval.
Should the Planning Commission choose to deny the request, the applicant would have
the option to complete the project as originally approved under CUP 04-011 and DR 04-
009.
The one-story, prefabricated, modular building would remain at its existing location forty
(40) feet east of the Church and twenty (20) feet south of the parish hall (Attachment D
- Project Plans). 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.
Planning Commission Report
Modification of CUP 04-011 and DR 04-009
May 23, 2005
Page 3
The existing modular building would have received approval from the State of California,
Division of the State Architect at the time it was placed on the property. A state inspector
is required to inspect the building every seven (7) years to ensure that the building remains
in a state of structural integrity. Condition 2.2 requires disabled access to the modular
building if it does not already exist.
PROPOSED REVISED CONDITION
Staff has proposed the below language for revised Condition 1.9 in order to meet the
applicant's request to maintain the modular building on-site until March 1, 2012. Staff
has also included a provision which would allow the Community Development Director
to consider a request for a time extension.
"The 2,490 square foot modular building is temporarily allowed for a period
not to extend past March 1, 2012, and shall be removed from the property
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. The Director of Community Development may
consider an extension for the modular building use if a request is received
in writing at least 30 days prior to permit expiration."
ANAL YSIS
In determining whether to approve the modification of Condition 1.9 to CUP 04-011 and
DR 04-009, the Planning Commission must determine whether or not the proposed
extended use of the modular building 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. The modular building has been located on the site for more than
11 years without any reported concerns from persons in the neighborhood.
Consequently, a decision to approve the modification of Condition 1.9 to CUP 04-011 and
DR 04-009 can be supported by the following findings:
A
A proper application to modify Condition 1.9 of Conditional Use Permit 04-011
and Design Review 04-009, was filed by Rev. Timothy MacCarthy for on-site use
of a temporarily permitted modular building until March 1, 2012, at 1301
Sycamore Avenue.
B.
That, with the exception of Condition 1.9, all other conditions of approval under
Planning Commission Resolution No. 3935 for Conditional Use Permit 04-011
and Design Review 04-009 will remain in full force and effect for the life of the
buildings and uses on the subject property.
Planning Commission Report
Modification of CUP 04-011 and DR 04-009
May 23, 2005
Page 4
C.
That the modular classroom building would be temporary until March 1, 2012,
unless extended by the Community Development Director and all uses under
their subject entitlements would occur inside their respective buildings.
D.
The temporary modular building and the classroom use have been utilized in the
same location over the past 11 years without any reported problem or concern. As
conditioned, continued use of the temporary modular building will not have a
negative effect on the surrounding property owners or impact the availability of off-
street parking.
E.
The project is categorically exempt pursuant to Section 15303 (Class 3) of the
California Environmental Quality Act.
F.
That a public hearing was duly called, noticed, and held for said application on May
23, 2005, by the Planning Commission. .
~GÆJ
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. a Ortlieb
Associate Planner
Dan~;;; OJ d 0-----
Assistant Director
Attachments:
A.
B.
C.
D.
E.
Location Map
Resolution 3935
January 10, 2005,Staff Report
Project Plans
Resolution 3971
S:\Cdd\PCREPOR1\2005\CUP 04-011 and DR 04-009 roodification 5-23-GS.doc
ATTACHMENT A
LOCA TI ON MAP
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ATTACHMENT B
RESOLUTION 3935
RESOLUTION NO. 3935
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TUSTIN, APPROVING CONDITIONAL USE PERMIT 04-011 AND
DESIGN REVIEW 04-009 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, ONE (1) STORY OFFICE AND MEETING
ROOM BUILDING 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 S1. 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,
one (1) 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, and subsequently to
January 10, 2005;
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:
D.
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
Resolution 3935
Page 2
-" - -- - -
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, and 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.
f)
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.
g)
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
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Resolution 3935
Page 3
constructed to meet current Federal Americans with Disabilities Act
(ADA) requirements. " . .
h)
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 eighteen (18) foot
height of the new building is twelve (12) feet less than the
thirty (30) foot maximum height allowed for a single family
dwelling on an adjacent property and the modular classroom
would remain at under twelve (12) feet. The Church and
parish hall are approximately ten (10) feet taller than the new
building but the new building will provide an appropriate
transition by reducing height between the existing on-site
buildings and the adjacent single family dwellings to the
north. The shade and shadow that would be projected onto
adjacent properties would occur primarily during the morning
hours of winter months into the rear yards of two adjacent
single family dwellings, one of which is currently owned by
the Church (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 ten (10) feet six (6) inches from the side property
line, maintains approximately the same setback as the single
story portion of the existing parish hall, and no windows are
located above eight (8) feet on the north elevation which
faces adjacent residences. The single story height of the
building setback to the side property line results in minimal
shade and shadow effects during the morning hours in
winter months on primarily one residence 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.7.
Type and pitch of roofs: Both buildings exhibit flat roofs,
which will architecturally integrate with on-site buildings.
Size and spacing of windows, doors, and other openings:
The windows and doors of the proposed and existing
/
2.
3.
4.
5.
Resolution 3935
Page 4
6.
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
Nos. 1 and 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.
7.
8.
G.
The project is categorically exempt pursuant to Section 15303 (Class 3) of
the California Environmental Quality Act.
The Planning Commission hereby approves Conditional Use Permit 04-011 and
Design Review 04-009, 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, one-story office and meeting room building at 1301
Sycamore Avenue also known as the northwesterly half of Lot Fifty in Block
Eleven of Irvine's Subdivision, in the City of Tustin, County of Orange, State of
California, subject to conditions contained in Exhibit A attached hereto.
II.
PASSED AND ADOPTED at a regular meeting of the TU.. S~in P.lanni 9 Commission, held
on the 10th day of January, 2005.
~
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g~~ ~~~Ve~~SEN
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
10th day of January, 2005.
¿Z~:d~ ~~..I
ELIZABETH A. BINSACK
Planning Commission Secretary
EXHIBIT A
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT 04-011 AND DESIGN REVIEW 04-009
JANUARY 10, 2005
GENERAL
(1 )
1.1
(1 )
1.2
(1 )
1.3
(1 )
1.4
(1 )
The proposed use shall substantially conform with the submitted plans for
the project date stamped January 10, 2005, 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.
1.5
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
***
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Exhibit A - Resolution 3935
DR 04-009 and CUP 04-011
Page 2
(1 )
1.6
(1 )
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 January 10, 2007, 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.
PLAN SUBMITTAL
(5)
2.1
At the time of building permit application, the plans shall comply with the
2001 California Building Code (CaC), 2001 California Mechanical Code
(CMC), 2001 California Plumbing Codes (CPC), 2001 California Electrical
Code (CEC), California Title 24 Accessibility Regulations, Title 24 Energy
Regulations, City Ordinances, and State and Federal laws and regulations.
Building plan check submittal shall include the following:
.
Seven (7) sets of construction plans, including drawings for
mechanical, plumbing and electrical.
.
Structural calculations, two (2) copies.
.
Title 24 energy calculations, two (2) copies.
.
Elevations that include all proposed dimensions, materials, colors,
finishes, and partial outlines of adjacent buildings on-site and off-
site where applicable.
.
The location of any utility vents or other rooftop equipment shall be
provided on the roof plan and must be shown to be located a
Exhibit A - Resolution 3935
DR 04-009 and CUP 04-011
Page 3
(5)
2.2
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 installèd 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
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 5,950 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.
- _.~
Exhibit A . Resolution 3935
DR 04-009 and CUP 04-011
Page 4
(5)
(5)
(5)
-(5)
2.3
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.
2.4
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).
2.5
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.
(5)
2.6
(5)
The plans submitted at plan check shall indicate that corridors serving an
occupant load of 30 or more are one hour fire resistive and all openings into
the corridor are protected as specified in section 1004.3.4 and 1004.3.4.3 of
the 2001 CBC.
2.7
(5)
The plans submitted at plan check shall indicate an area analysis for all
buildings and show compliance with allowable floor areas based on 2001
California Building Code Chapter 5, Table 5-B.
2.8
(5)
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.
2.9
(5)
2.10 Prior to building permit issuance, clearance from the Orange County Fire
Authority is required.
(5)
2.11 The plans submitted at plan check shall indicate that vehicle parking,
primary entrance to the building, the primary paths of travel, sanitary
facilities, drinking fountain, and public telephones shall be accessible to
persons with disabilities.
2.12 The plans submitted at plan check shall indicate that parking for disabled
persons is provided with an additional five (5) foot loading area with striping
and ramp and that disabled persons are able to park and access the
building without passing behind another car. At least one (1) accessible
- Exhibit A - Resolution 3935
DR 04-009 and CUP 04-011
Page 5
---._-----
space shall be van accessible served by a minimum 96-inch wide loading
area.
(5)
2.13 Prior to grading permit issuance, the applicant shall provide four (4) sets
of final grading plans consistent with the site and landscaping plans as
prepared by a registered civil engineer. The plans shall include the
following:
.
Technical details and plans for all utility installations including
telephone, gas, water, and electricity.
.
Three (3) copies of precise soil report provided by a civil engineer
and less than one (1) year old. Expanded information regarding the
levels of hydrocarbons and ground water contamination found on-
site shall be provided in the soil report. All pavement "R" values
shall be in accordance with applicable City of Tustin standards.
.
All site drainage shall be handled on-site and shall not be permitted
to drain onto adjacent properties.
.
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.
(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.
(5)
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.
(5)
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.
(5)
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
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Exhibit A - Resolution 3935
DR 04-009 and CUP 04-011
Page 6
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
contrasting color to the background to which they are attached and
illuminated during hours of darkness.
2.21
(5)
2.22 No outdoor storage shall be permitted except as approved by the Tustin
Community Development Director.
(5)
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)
All exterior treatments for the 5,950 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:
3.1
Exhibit A - Resolution 3935
DR 04-009 and CUP 04-011
Page 7
(4)
(4)
3.2
3.3
LANDSCAPING
Location
exterior wall
exterior wall
exterior windows
Material
Norman brick
rouch plaster
class with anodized framina
Color
liaht crance
cream
bronze framinc and class 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 resid~nces
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.
(1 )
4.1
(1 )
4.2
USE
(1) 5.1
(1) 5.2
--- -- -- --
Complete landscape and irrigation plans that comply with the City of
Tustin Landscape and Irrigation Guidelines shall be submitted at plan
check. The irrigation plan shall show the location and control of backflow
prevention devices at the meter, pipe size, sprinkler type, spacing, and
coverage details for all equipment.
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.
.- - ---
. -----
Exhibit A - Resolution 3935
DR 04-009 and CUP 04-011
Page 8
(1 )
5.3
(1 )
5.4
(1 )
5.5
(*)
5.6
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.
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 221
Existing Church Offices
Surplus 1.33
Exhibit A - Resolution 3935
DR 04-009 and CUP 04-011
Page 9
Proposed Meeting
Room
Proposed Office
Support
Total Re uired
Total Provided
Sur Ius
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
221
108.69
59.25
9.69
35.67
7.70
Subtotal
Existing School
(5)
5.7
(5)
5.8
(5)
5.9
If Group 1 and 2 uses are proposed to occur at the same time, a parking
study and, if determined necessary by the City, a traffic study, shall be
submitted to demonstrate that adequate on-site parking and off-site traffic
capacity is available to accommodate the proposed uses. The study shall
be prepared by a professional experienced in parking and/or traffic studies
and submitted for review and approval by the Community Development
Department and Public Works Department.
The Church building shall be limited to a total of 659 seats and must
maintain 221 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.
(5)
5.10 The Church school is limited to 330 students and 18 instructors.
ENGINEERING
(5)
6.1
(5) 6.2
(5) 6.3
(5) 6.4
The applicant shall replace the existing curb cut at the north of the
property with sidewalk and curb to City standards. Prior to final
inspection, the applicant shall remove and replace any missing or
damaged public improvements (i.e. driveways, curb and gutter, sidewalk,
etc.) along Sycamore Street adjacent to the project.
Existing sewer and domestic water shall be utilized whenever possible.
Any damage done to existing street improvements and utilities shall be
repaired prior to final inspection.
Prior to any work in the public right-of-way, an Encroachment Permit shall
be obtained and applicable fees paid to the Public Works Department.
.--- - -,-- -- - _._-_.._u_-~---------
-------- H ----,,-
Exhibit A - Resolution 3935
DR 04-009 and CUP 04-011
Page 10
(5)
(5)
(5)
(5)
(5)
FIRE
(5)
(5)
6.5
6.6
6.7
6.8
6.9
7.1
7.2
On the plans provided at plein 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
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.
Plans submitted through the City for Orange County Fire Authority review
Exhibit A - Resolution 3935
DR 04-009 and CUP 04-011
Page 11
FEES
(1 )
8.1
must be delineated with lines demonstrating compliance with 150 foot fire
hose pull requirements.
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
liB" fees in the amount of $3.31 per square feet of new or added
gross square floor area of construction or improvements to the
Community Development Department.
- --- --- .__._--.__.~ -.--
Exhibit A - Resolution 3935
DR 04-009 and CUP 04-011
Page 12
i)
Prior to submittal of a Water Quality Management Plan (WQMP), the
applicant shall submit a dQPosit of $2700.00 for tha astimatad 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.
A TT A CHMENT C
STAFF REPORT JANUARY 10,2005
ITEM #3
{iI~~'~
.
--...
-------
--
Report to the
Planning Commission
DATE:
SUBJECT:
APPLICANT:
PROPERTY
OWNER:
LOCATION:
ZONING:
JANUARY 10, 2005
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 ONE-STORY, FREE-
STANDING OFFICE AND MEETING ROOM BUILDING FOR THE
CHURCH
REQUEST:
RECOMMENDATION
That the Planning Commission approve Conditional Use Permit (CUP) 04-011 and Design
Review (DR) 04-009 by adopting Resolution No. 3935.
Planning Commission Report
cUP 04-011 and DR 04-009
January 10, 2005
Page 2
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
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 B. At the
October 25, 2004, meeting (Attachment C - Meeting Minutes), the Planning Commission
continued the proposal to December 13, 2004, to allow the applicant to address issues
raised by the Planning Commission.
At the December 13, 2004, meeting (Attachment D - Meeting Minutes) the applicant
proposed the temporary use of the modular building for two (2) years, identified three (3)
alternative locations and configurations for the proposed 5,950 square foot office/meeting
room building, provided shade/shadow studies for each alternative, and identified a
previously incorrectly shown Edison easement on the site plan. A copy of the December
13, 2004 staff report is in Attachment E. The Planning Commission directed staff to return
on January 10, 2005, with a staff report and resolution in support of Alternative No. Three
(3), which is a proposal to allow a modular building to be used for two (2) years and to
allow the construction of a one-story, 5,950 square foot, free-standing office and meeting
room.
Site and SurroundinQ 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
Modular Building
The existing on-site modular building is proposed to be used as a classroom for two (2)
years. Condition 1.9 would require removal of the modular building by January 10, 2007.
The one-story, prefabricated, modular building is forty-one and one-half (41.5) by sixty
(60) feet for a total of 2,490 square feet. The building is approximately 11 feet tall and
would 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.
Planning Commission Report
cUP 04-011 and DR 04-009
January 1O, 2005
Page 3
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
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.
The existing modular would have received approval from the State of California, Division Of
the State Architect at the time it was placed on the property. The Building and Safety
Division will require disabled access if it does not already exist per Condition 2.2.
Proposed Building (Alternative 3 from the December 13, 2004, Meeting)
The proposed office and meeting room building would be 130 feet long, fifty-five (55)
feet wide, and approximately eighteen (18) feet tall. 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 one-half (10.5) feet south of the north property tine separating the
Church property from the single family residences.
The location of the building would displace from 2,000 to 3,000 square feet of
landscaping, a driveway, a curb cut, and four parking spaces. An existing driveway
would be removed and, pursuant to Condition Nos. 6.1 and 6.4, the applicant will be
responsible for obtaining an encroachment permit and eliminating the existing curb cut
and replacing it with sidewalk according to City standards. The elimination of the
parking spaces will not result in a parking deficit as identified in the parking section of
this report; however, pursuant to Condition Nos. 2.11 and 2.12 disabled person parking
spaces will need to be provided at alternate on-site locations to make up for displaced
spaces.
The OCFA has conducted a preliminary review of the proposal and did not identify any
significant issues with the project. However, Conditions 7.1 and 7.2 would require the
applicant to submit formal plans to the Orange County Fire Authority and the applicant
would be required to comply with all applicable requirements, which could modify the
project.
The building would be in the line of the rear yards of 14722 Charloma Drive (Church
rectory), 14702 Charloma Drive, and 14732 Charloma Drive. The shade and shadow
study for the building (Attachment F) is summarized as follows:
Planning Commission Report
CUP 04-011 and DR 04-009
January 10, 2005
Page 4
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 22 448 s.f. - first 13 feet of 910 s.f. - first 13 feet of 52 s.f. - northeast corner of
9:00 a.m. the south half of the entire rear yard. rear yard
rear yard
0 0 0
12:00 p.m.
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.
The architecture of the one-story building would be consistent with the architecture of
existing on-site buildings. 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 that faces adjacent single family residences 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 and would not exceed nine (9) feet in height from grade. 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.
For the 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.
Parki nQ
The site currently provides 227 parking spaces but will lose four (4) parking spaces to
accommodate the new building and staff estimates that an additional two (2) parking
spaces would be lost to provide required on-site disabled parking spaces. Therefore, 221
Planning Commission Report
CUP 04-011 and DR 04-009
January 10, 2005
Page 5
on-site parking spaces would remain and 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.
A summary of parking needs for Group 1 uses (existing Church, parish hall, and Church
offices) is shown below:
GROUP 1 (Church)
Ratio
Existin Church
Existing Parish Hall
With Offices
Existing Church
Offices
1/3 seats for 659 seats 219.67
Pursuant to previous entitlements, the parish hall is and has always
been considered an accessory use to the Church. No additional
arkin s aces are re uired.
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.
Total Re uired 219.67
Total Provided 221
Sur Ius 1.33
As identified in CUP 93-031, the existing school maintains 330 students and 18 instructors
and requires 59.25 parking spaces. The proposed 5,950 square foot Church office and
meeting room building would require 53.06 parking spaces. Together, these existing and
proposed uses would require 113 parking spaces. A summary of parking requirements for
Group 2 uses (proposed 5,950 square foot Church office and meeting room building in
conjunction with the existing school) is shown below:
Ratio
Proposed Office
GROUP 2 (School and Church Office/Meeting Room)
Proposed Meeting
Room
Proposed Office
Support
Existing School
(including the
modular buildin
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
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 221
Sur Ius 108.69
Pursuant to Condition 5.6, the uses indicated in Groups 1 and 2 may not occur at the
same time so that the parking demand of Group 1 and 2 uses can be met. However,
Planning Commission Report
CUP 04-011 and DR 04-009
January 10, 2005
Page 6
Condition 5.6 has been added to allow the applicant an opportunity to submit a parking
study and, if necessary, a traffic study, to demonstrate that sufficient parking and/or traffic
capacity would be available if Group 1 and 2 uses are proposed to occur at the same time.
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 so no additional Sunday trips should result.
As such, the Engineering Division found 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 and 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 5.4 would require the applicant to provide mitigation
measures approved by the Community Development Department.
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/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
Planning Commission Report
CUP 04-011 and DR 04-009
January 10, 2005
Page 7
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,
and 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.
f)
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.
g)
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.
h)
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 eighteen (18) foot height of the
new building is twelve (12) feet less than the thirty (30) foot maximum
height allowed for a single family dwelling on an adjacent property and the
modular classroom would remain at under twelve (12) feet. The Church
and parish hall are approximately ten (10) feet taller than the new building
but the new building will provide an appropriate transition by reducing
height between the existing on-site buildings and the adjacent single
family dwellings to the north. The shade and shadow that would be
projected onto adjacent properties would occur primarily during the
Planning Commission Report
cUP 04-011 and DR 04-009
January 10. 2005
Page 8
2.
3.
morning hours of winter months into the rear yards of two adjacent single
family dwellings, one of which is currently owned by the Church (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 ten (10) feet six (6) inches from the
side property line, maintains approximately the same setback as the single
story portion of the existing parish hall, and no windows are located above
eight (8) feet on the north elevation which faces adjacent residences. The
single story height of the building setback to the side property line results
in minimal shade and shadow effects during the morning hours in winter
months on primarily one residence 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.7.
Type and pitch of roofs: Both buildings exhibit flat roofs, which will
architecturally integrate with on-site 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 adjacent properties as
described in Item Nos. 1 and 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.
4.
5.
6.
7.
9.
Planning Commission Report
CUP 04-011 and DR 04-009
January 10, 2005
Page 9
~~~
Chad rtlieb -
Associate Planner
Attach ments:
A
B.
C.
D.
E.
F.
G.
~<t¡ ,1 \,¿ I:} f f
f v k... Y. ,', j/ v~.-
".o . L' C
Karen Peterson
Senior Planner
Location Map
October 25,2004 Staff Report
October 25,2004 Minutes
December 13, 2004 Minutes
December 13, 2004 Staff Report
Plans and Shade/Shadow Study
Resolution No. 3935
S:ICddIPCREPOR1\2004ICUP 04.011 and DR 04-009 continued(2nd).doc
ATTACHMENT D
PROJECT PLANS
LEGAL DESCRIPTION
LEGEND
PROJECT
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Catholic Diocese of Orange
2811 Villareal Street
Oran2:e. Califorina 29668
"-]1 GLESS ARCHITECTS, INC.
LJ ARCHITECTURE & INTERIOR DESIGN
4931 BIRCH STREET
NEWPORT BEACH, CA 92660
949-852-0585 (PH); 949-852-0588 (FX)
EMAIL GLESSARCHIâJRolrom
A TT A CHMENT E
RESOLUTION 3971
RESOLUTION NO. 3971
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TUSTIN, APPROVING THE MODIFICATION OF CONDITION 1.9 OF
CONDITIONAL USE PERMIT 04-011 AND DESIGN REVIEW 04-009
TO ALLOW A 2,490 SQUARE FOOT MODULAR BUILDING TO BE
USED UNTIL MARCH 1, 2012, AS A CLASSROOM BUILDING 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.
F.
II.
The Planning Commission finds and determines as follows:
A.
A proper application to modify Condition 1.9 of Conditional Use Permit 04-
011 and Design Review 04-009 was filed by Rev. Timothy MacCarthy for
on-site use of a temporarily permitted modular building until March 1,
2012, at 1301 Sycamore Avenue.
B.
That, with the exception of Condition 1.9, all other conditions of approval
under Planning Commission Resolution No. 3935 for Conditional Use
Permit 04-011 and Design Review 04-009 will remain in full force and
effect for the life of the buildings and uses on the subject property.
That the modular classroom building would be temporary until March 1,
2012, and all uses under their subject entitlements would occur inside
their respective buildings.
C.
D.
The temporary modular building and the classroom use have been utilized
in the same location over the past 11 years without any reported problem or
concern. As conditioned, continued use of the temporary modular building
will not have a negative effect on the surrounding property owners or impact
the availability of off-street parking.
E.
The project is categorically exempt pursuant to Section 15303 (Class 3) of
the California Environmental Quality Act.
That a public hearing was duly called, noticed, and held for said application
on May 23, 2005, by the Planning Commission.
The Planning Commission hereby approves a modification of Condition 1.9 of
Conditional Use Permit 04-011 and Design Review 04-009, to temporarily use a
2,490 square foot modular building as a classroom building until March 1, 2012,
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 the following conditions contained in Exhibit A
attached hereto.
Resolution 3971
Page 2
PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission held
on the 23rd day of May, 2005.
JOHN NIELSEN
Chairperson
ELIZABETH A. BINSACK
Planning Commission Secretary
STATE OF CALIFORNIA)
COUNTY OF ORANGE)
CITY OF TUSTIN )
I, ELIZABETH A BINSACK, the undersigned, hereby certify that I am the Secretary of the
Planning Commission of the City of Tustin, California; that Resolution No. 3971 was duly
passed and adopted at a regular meeting of the Tustin Planning Commission, held on the
23rd day of May, 2005. .
ELIZABETH A BINSACK
Planning Commission Secretary
EXHIBIT A
MODIFIED CONDITION 1.9 OF PLANNING COMMISSION RESOLUTION NO. 3935
FOR CONDITIONAL USE PERMIT 04-011 AND DESIGN REVIEW 04-009
MAY 23, 2005
(***) 1.9
The 2,490 square foot modular building is temporarily allowed for a period
not to extend past March 1, 2012, and shall be removed from the property
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. The Director of Community Development may
consider an extension for the modular building use if a request is received
in writing at least 30 days prior to permit expiration.