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Home My WebLink About04 CUP 05-016 ITEM #4 , '-- ~ . Report to the Planning Commission DATE: AUGUST 8, 2005 CONDITIONAL USE PERMIT 05-016 SUBJECT: PROPERTY OWNER! APPLICANT: RED HILL EVANGELICAL LUTHERAN CHURCH ATTENTION: ALICE KREITZER 13200 RED HILL AVENUE TUSTIN, CA 92780 LOCATION: 13200 RED HILL AVENUE ZONING: 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 TEMPORARILY UTILIZE TWO (2) MODULAR CLASSROOM BUILDINGS FOR A PERIOD UP TO FIVE (5) YEARS UNTIL A PERMANENT CLASSROOM EXPANSION IS CONSTRUCTED REQUEST: RECOMMENDATION That the Planning Commission approve Conditional Use Permit (CUP) 05-016 by adopting Resolution No. 3986. BACKGROUND The applicant is requesting approval for a Conditional Use Permit (CUP) to temporarily utilize two new modular classroom buildings for a period up to five (5) years or until a permanent classroom expansion is constructed at an existing private elementary school. The school, part of the 4.62-acre Red Hill Evangelical Lutheran Church complex, is located at 13200 Red Hill Avenue. Red Hill Evangelical Lutheran Church was annexed into the City in 1977 with a zoning designation of Public and Institutional (P&I). Pursuant to Section 9245 of the Tustin City Code, a CUP is required for the establishment or modification of any school use within the district. Planning Commission Report CUP 05-016 August 8, 2005 Page 2 Previous Planning Commission and Community Development Department actions for the subject site include the following: 1. CUP 79-20 - Expansion of church school to 300 students (Approved June 18, 1979); 2. CUP 79-28 - Construction of new classrooms and a maximum enrollment of 400 students (Approved November 5, 1979); 3. CUP 87-7 - Expansion of administrative offices (Approved May 11, 1987); 4. Amendment #1 to CUP 87-7 - Expansion of storage facilities (2,100 square feet) in an existing basement (Approved July 27, 1987); 5. Amendment #2 to CUP 87-7 and Amendment to CUP 79-20 - Conversion of a 2,100 square foot area and enclosure of an existing 2,025 square foot shade structure into three pre-school classrooms (Approved April 30, 1990); 6. CUP 93-018 - New twenty (20) square foot monument sign and parking lot modifications (Approved January 10,1994); and, 7. CUP 96-031 and DR 96-043 - Installation of a pre-fabricated modular building for classroom purposes (Approved October 28, 1996). Site and SurroundinQ Properties The site is located on the easterly side of Red Hill Avenue, approximately midway between Irvine Boulevard and Bryan Avenue, and is bordered by a ten (10) foot wide pipeline easement and seventy-five (75) foot wide flood control channel right-of-way to the south (Attachment A - Location Map). The church and school buildings are located on the front half of the property, set back approximately fifty (50) feet from the Red Hill Avenue right-of- way line. The parking and playground areas are located in the rear half of the site, shielded from the right-of-way view. Adjacent uses consist of single-family residences on the adjacent properties to the north and east. Single-family residences are also located to the west, across Red Hill Avenue, and to the south, across the flood control channel and pipeline easement. PROJECT DESCRIPTION The applicant is intending to accommodate an expansion of up to forty (40) students, Grades 2,3, and 4, in two (2) new modular classroom buildings totaling 5,700 square feet, to be located adjacent to the flood control channel along the southern property line. The school is currently operating with approximately 310 students, which is below the site's maximum allowable enrollment of 400 students. Planning Commission Report CUP 05-016 August 8, 2005 Page 3 The two (2) proposed modular classroom buildings are each sixty (60) feet long by twenty- three (23) feet, five (5) inches wide and would be located adjacent to each other over two hundred (200) feet from Red Hill Avenue (Attachment B - Submitted Plans). Each building would be divided into two (2) separate rooms for a total of four (4) new classrooms. The modular buildings would be located within an existing grass area between an existing paved drive-aisle and the flood control channel. The buildings have a flat-roof with entrance doors and handicap-accessible ramps and windows along the north elevations facing the interior of the site; no openings would be located along the south building elevations facing the flood control channel. The building would be textured and painted to match the site's existing permanent classroom buildings, which have a tan, stucco finish. The modular classrooms would be permitted on-site for a period not to exceed five (5) years (August 8, 2010), to allow the permanent facility to be approved and constructed. Per TCC 9245 and Condition 5.1, the applicant will be required to obtain a CUP for the future permanent facility prior to submitting for building permits. In addition to compliance with all local rules and regulations, the proposed classrooms are required to receive approval from the State of California, Division of the State Architect, per Condition 5.2. ParkinQ There are currently 201 parking spaces provide on-site for all uses, including the church, school, and associated uses. City approval of CUP 79-28 determined that adequate parking exists on-site to accommodate a maximum of 581 seats within the church and a maximum enrollment of 400 students assuming the two uses do not operate at the same time. Furthermore, the proposed building locations would not reduce the existing number of parking spaces. Based upon the submitted parking summary (Attachment C - Parking Summary), the church and school uses would not operate simultaneously. Consequently, there would continue to be sufficient on-site parking for the proposed school expansion. The Engineering Division has reviewed the project and determined that the proposed classroom use would have the potential to generate a maximum of approximately 210 added daily trips based upon rates established by the Institute of Transportation Engineers (ITE), with a 'worst case' potential increase during the AM. and P.M. peak hours of thirty- four (34) and thirty-four (34) trips, respectively. However, based upon the current traffic volumes on Red Hill Avenue in the vicinity of the project site, the project will not add a significant amount of daily AM. and P.M. peak hour traffic to the adjacent streets. Public Works has determined that there is sufficient roadway capacity to accommodate trips generated by the proposed project. If in the future the City determines that a parking or traffic problem exists, proposed Condition 5.3 would require the applicant to provide additional mitigation measures approved by the Community Development Department. Planning Commission Report CUP 05-016 August 8, 2005 Page 4 Public Comments Staff received comments at the public counter on August 2, 2005, from an adjacent property owner who stated a concern with current traffic conditions on Red Hill Avenue at 8:30 AM. and 2:30 P.M. regarding the high volume of vehicles dropping-off and picking-up students. He was also concerned that an expansion of the school would result in increased congestion on Red Hill Avenue near the church property. As a result, the City's Engineering Division reexamined the proposed project and determined that the traffic impacts to the surrounding roadways resulting from the increase in enrollment, which is still less than approved per previous entitlements, are considered negligible. The Engineering Division also noted that there is no history of complaints or traffic accidents during the noted morning and afternoon times and that the higher volume of vehicles in the morning and afternoon is a typical operational characteristic of schools due to the concentration of students arriving and leaving at the same time. 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 the use of the temporary modular classrooms for five (5) 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 proposed use is appropriate under the General Plan Land Use Element Public/Institutional designation in that the school and Church function as quasi-public uses. b) As proposed and conditioned, the modular classroom buildings would be temporary for up to five (5) years, or until a permanent classroom facility is completed, whichever occurs first. The future permanent facility would be subject to a new conditional use permit. c) Sufficient parking would be available for the new classroom facilities (5,700 square foot in size) consistent with previous entitlements for the church and school complex and there would be no simultaneous uses between the church and school facilities. Planning Commission Report CUP 05-016 August 8, 2005 Page 5 d) As determined by the Public Works Engineering Division, the net increase in traffic at the project site during the weekday AM. or P.M. peak hours is not anticipated to generate significant traffic impacts, and there is sufficient roadway capacity to accommodate the proposed project. /#MÆ /IJ 1lt- b~ ~ J tr'- Dana Ogdon Assistant Director Matt West Associate Planner Attachments: A B. C. D. Location Map Submitted Plans Parking Summary Resolution No. 3986 S:\CddlPCREPORT\2005\CUP 05-016 (Red Hill Moduiar).doc ATTACHMENT A Location Map LOCATION MAP PROJECT NO. ADDRESS CUP 05~O16 LOCATION: 13200 Red Hill Avenue REQUEST: TO CONSTRUCT A 5,700 SQUARE FOOT MODULAR CLASSROOM FACILITY FOR A PERIOD UP TO FIVE (5) YEARS UNTIL A PERMANENT CLASSROOM EXPANSION IS CONSTRUCTED (PROPERTY bWNERI APPLICANT: RED HILL EVANGELICAL LUTHERAN CHURCH) ATTACHMENT B Submitted Plans (Ii ".~ <:°, <, 'e '.,. "'.: <~, £q L.:~" ¡~ "'- " ';¡; r:~t. ~,--..-L,- .. {ß/ l""",~" ,t~~~ \; ~ , -,._------ '3',',"" ca -,,; ~, ~, " ---", --,- - --_P.!!!',~~=- , ,\, 'j !! i I li!.' I I~ ~!! I ." ~ = 11: . ':fl - !I.~ . - i~J ~ I~ f ¡; H ¡ ."..°ft": !;; :-~~:-.:~ i ~:ä!~æ~~: z =:~.;=~~: . = g:;ä:;¡~= is 5:n:u;:i :~ :~e~:~I= ..; :~s_Eê ~ ~ =:: :_.1.. = V ;¡.. ~~=¡;:~ . 5 E ::¡;~¡:¡;!P ~ i t;~:~~~S~ . .. o' "=.- I II ='~~;:~~'t ' =:;ft~..::3 I 18 R. . 'I i~ I- "~ i .. I~ ~ ~ 8 ~ ~ " ~ 2 fii= 8 z~ 8 ~ ~~¡¡~..."",,"òò..;'; ~ .N- N--. " ! ~ ig I I.; 1 ~ ~ ~ " ~ ~ 0 ~ i /' ii i:¡~ . ~. ì E ! ~ 'fi:s ~ ¡ 00 M M I ""'ELU . , f2~: , ~1!~'.E 'd',g~JH ! ,,"': '," '¡ ! J.". . .,.,.:..,. ....' .. 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II if~ .~~ " ')' .u '" "-....~ loti) nr~~~ iii Ii ~/ II -k:f'J('~ / ; ~ ( ~ï I . ~ ~~ ~ j; ~~ ! !. ;. fill ~ : g ,° . I ^' ~ ~~ ¡ ~j ;i I. ¡ f' ',,/ ~ll. . H It; i~ ~'- "~ I :ii,' I '-,~ -, -- "\:1/1/ r I ---¡ ~ . ! ";/ \/\~¡/l ir-f/./ Ô / . i; 2 o~ l: " ~,,~ !' ~ ! ~ ;i " 0 N ~ ~g .~;~ ~ f ~ . ! ~ ~ ~ ~ ï g~ ," ¡! í ~~ . i , , I 0 10 ~ §] ~~ ,,>= Uã ",° ~z oc~ !o lIT ~ ~¡ g .f~~ on "~~3 ~ 'uh ~ n'E,gi~¥ I... 15 . ~~~l~~~;:~~~?~? . o~oèoöMoåoög~ -, ;¡' ¡.. i'i Dc W > 0 1 X ¡.. U ::J 0 x w c.:' "'- .0 ;¡' t;:', e- x C' m '" w ¡.. co i3 ld l1. l1. ;¡' Q :l ¡.. w l1. .0 ;¡' I- is ii; Dc W I- In (3 w Dc l1. ;¡' >- ëC '!; Vi "J Q ~ co ~¡ <i' "J -" I U u, '" n_____~-- -- -------- m ATTACHMENT C Parking Summary 7/8/2005 1:29 PM FROM: Fa>: TO: 573-3113 PAGE: 002 OF 002 ,,-' Typical Daily Parking Demand Summary Red Hill Lutheran Church and School Tustin, CA ..:.. Estimated .:.. Church and SChool Average Post-Project Number.ofAvailable ",,:::'::: :.. "". ." . Function Attendance* Attendance* Parkin~rSpaces Sunday 7:45 a.m. Nursery 10 at any time no change 201 800 am. Worship Service 175 no change 201 9:30 am. Worship Service 250 260 201 9:30 a.m. Adult Sunday School 30 no chanqe 201 11:00a.m. Worsh12 Service 120 125 ,--, 201 Monday 8:15 a.m. School Pre-K - 8 310 350 107 930 a. m. Quilt M ake~_~ _~1~--L- no cha.!la~~- 94.- Tuesday 8:15a.m. School Pre-K - 8 310 350 107 i 6:45 p.m. Board I Council I 50 no change 201 i 700 p. m School Board' 8 no change 201 I Wednesday 6:15a,m. Morninq Bible Study 12 no chanqe 201 7:15a.m. Mornina Bible Study 20 no chanÇJe; 201 -- 815 a.m. School Pre-K - 8 310 350 107 6:00 p-m Junior High Group 35 no change 201 6:45 pm. Nursery 5 no chanqe 201 700 P m. Small Group 10 no chanç¡e I 201 Thursday -- 8:15a.m. School Pre-K - 8 310 350 107 3:15 p.m School Moms in Touch' 15 16 107 330 p.m PTF Meeting I 50 55 201 630 p.m Praise Sing2 201 201 700 p. m. Choir2 35 no change 201 Friday 8:15 a,m. School Pre-K - 8 I 310 350 107 11:00a.m. Golden Circle I I (Senior Citizens) 15 - 20 no change 94 6:30 p.m. Emmaus Boar~_~ 5 no change 201 -----,- Saturday ,. 800 a.m. Membership Class I 20 22 900 a.m. Altar Guild! 5 no change 201 . Average Attendance includes all ages. Many vehicles carry more than one person. 1 Meets once monthly (Meetings may not occur on the same day of the month during the year). 2Does not meet during the summer months. NOTE: Special functions (e.g., funerals, weddings, etc.) are scheduled as needed. ---, '--,------- ATTACHMENT D Resolution No. 3986 RESOLUTION NO. 3986 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 05-016 TO PERMIT THE TEMPORARY USE OF TWO MODULAR CLASSROOM FACILITIES FOR A PERIOD UP TO FIVE (5) YEARS OR UNTIL A PERMANENT CLASSROOM EXPANSION IS CONSTRUCTED ON THE PROPERTY LOCATED AT 13200 RED HILL AVENUE. THE PROPERTY IS LEGALLY KNOWN AS LOT 14 OF TRACT NO. 3715 AS RECORDED IN BOOK 130 OF PAGES 49 AND 50 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, AND ALSO KNOWN AS ASSESSOR'S PARCEL NUMBER 103-472-14. 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 05-016 was filed by Red Hill Evangelical Lutheran Church requesting approval to temporarily utilize two modular classroom facilities (totaling 5,700 square feet) for a period up to five (5) years, or until a permanent classroom expansion is constructed on the property located at 13200 Red Hill Avenue. 8. 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 August 8, 2005, by the Planning Commission; D. That operation of a modular classroom facility for up to five (5) 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) As proposed and conditioned, the use of the two temporary modular classroom buildings would be temporary for up to five (5) years, or until a permanent classroom facility is completed, whichever occurs first. The future permanent facility would be subject to a new conditional use permit. Resolution 3986 Page 2 b) Sufficient parking would be available for the new classroom facilities (5,700 square feet in size) consistent with previous entitlements for the church and school complex, and that there would be no simultaneous uses between the church and school facilities. c) As determined by the Public Works Engineering Division, the net increase in traffic at the project site during the weekday AM. or P.M. peak hours is not anticipated to generate significant traffic impacts, and there is sufficient roadway capacity to accommodate the proposed project. G. The project is categorically exempt pursuant to Section 15303 (Class 3) of the California Environmental Quality Act. II. The Planning Commission hereby approves Conditional Use Permit 05-016 approving the use of two temporary modular classroom facilities (totaling 5,700 square feet) for a period up to five (5) years, or until a permanent classroom expansion is constructed on the property located at 13200 Red Hill Avenue, subject to conditions contained in Exhibit A attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 8th day of August, 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. 3986 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 8th day of August, 2005. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 05-016 AUGUST 8, 2005 GENERAL 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) CECA MITIGATION (3) UNIFORM BUILDING CODEtS (4) DESIGN REVIEW (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 August 8, 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. 3986 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 Conditional Use Permit 05-016 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. (5) (6) (7) *** RESPONSIBLE AGENCY REQUIREMENT LANDSCAPING GUIDELINES PC/CC POLICY EXCEPTION Exhibit A - Resolution 3986 CUP 05-016 Page 2 (1 ) (1 ) (***) (***) 1.7 1.8 1.9 1.6 Any violation of any of the conditions imposed is subject to the payment of a civil penalty of $100.00 for each violation, or such other amounts as the City Council may establish by ordinance or resolution, and for each day the violation exists, subject to the applicable notice, hearing, and appeal process as established by the City Council ordinance. 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. Use of the two temporary modular buildings (totaling 5,700 square feet) is allowed for no more than five (5) years until August 8, 2010, or until a permanent classroom facility is constructed on the site, whichever occurs first, and shall be removed immediately thereafter. Upon removal, the area shall be landscaped, unless an alternative treatment is approved in writing by the Director of Community Development. PLAN SUBMITTAL (5) (5) 2.1 2.2 At the time of building permit application, the plans shall comply with the 2001 California Building Code (CBC), 2001 California Mechanical Code (CMC), 2001 California Plumbing Codes (CPC), 2001 California Electrical Code (CEC), California Title 24 Accessibility Regulations, Title 24 Energy Regulations, City Ordinances, and State and Federal laws and regulations. Building plan check submittal shall include the following: . Seven (7) sets of construction plans, including drawings for plumbing and electrical. . Note on plans that no field changes shall be made without prior approval from the Building Official and architect or engineer of record. Vehicle parking, primary entrance to the building, the primary paths of travel, cashier space, sanitary facilities, drinking fountain, and public telephones shall be accessible to persons with disabilities. Exhibit A - Resolution 3986 CUP 05-016 Page 3 (5) (5) (5) (5) (5) (5) 2.3 2.4 2.5 2.6 2.7 2.8 Provide area analysis for all existing and new buildings, show compliance with allowable floor areas based on 2001 California Building Code Chapter 5, Table 5-8. Prior to issuance of demolition, precise/rough grading, and or building permit with valuation of $50,000 or greater the applicant shall submit for approval by the City of Tustin, Construction & Demolition (C&D) debris collection, disposal, and diversion information in the City-prescribed forms. At least 50 percent of the construction debris shall be diverted from landfill to the recycling plants. A security deposit in amount of $50 per ton (not to exceed $5,000 per project) for C&D security deposit will be collected prior to issuance the permit. Prior to final inspection, applicant shall submit to the City of Tustin documents (Le. receipt from vendor) showing actual weight or volume of each material of C&D diverted to the recycling center. For any questions or concerns, please contact Joe Meyers at (714) 573- 3173. (City Ordinance 1281) . 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. 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. 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. The applicant shall comply with the following conditions pertaining to the requirement for a Water Quality Management Plan: A. Prior to issuance of any permits, the applicant shall submit for approval by the Community Development and Public Works Departments, a Water Quality Management Plan (WQMP) 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. Exhibit A - Resolution 3986 CUP 05-016 Page 4 (5) (5) (5) (5) B. 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. C. The property owners shall record a Declaration of Restrictions, or include provisions in the CC&Rs for the project, that obligate(s) the property owner, or its successors and assigns, as applicable, to operate and maintain, in perpetuity, the post-construction BMPs described in the WQMP for the project. Where the property owner is a public entity or another entity where a Declaration of Restrictions or CC&Rs are inappropriate, the property owner shall enter into an agreement with the City, which agreement shall be recorded. Such agreement shall have the same obligations required above for a Declaration of Restriction. . D. The Community Development and Public Works Department shall determine whether any change in use requires an amendment to an approved Water Quality Management Plan. 2.9 A note shall be provided on final plans that a six (6) foot high chain link fence shall be installed around the site prior to building construction stages. A nylon fabric or mesh shall be attached to the temporary construction fencing. Gated entrances shall be permitted along the perimeter of the site for construction vehicles. 2.10 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. 2.11 No outdoor storage shall be permitted except as approved by the Tustin Community Development Director. 2.12 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. (4) 2.13 All exterior treatments for the two temporary modular classroom buildings shall be consistent with the approved color and materials on the existing buildings, as noted on the elevations, subject to review and approval by Exhibit A - Resolution 3986 CUP 05-016 Page 5 the Community Development Department at final inspection. Any changes to colors or materials during construction or operation shall be approved in writing by the Community Development Department prior to installation ENGINEERING (1 ) (1 ) (1 ) (1 ) (1 ) (1 ) (1 ) (1 ) 3.2 (1 ) 3.3 (1 ) 3.4 3.5 3.6 3.7 3.8 3.9 3.1 Any damage done to existing street improvements and utilities shall be repaired before issuance of a Certificate of Occupancy for the development. Prior to any work in the public right-of-way, an Encroachment Permit shall be obtained from and applicable fees paid to the Public Works Department. Current Federal Americans with Disabilities Act (ADA) requirements shall be met at the drive apron and pedestrian sidewalk. Additional payment of the Major Thoroughfare and Bridge Fees to the Tustin Public Works Department may be required at the time a building permit is issued. Upon proof of exemption from property tax, churches, including church schools, may be exempt from payment of fees. Additional payment of the Orange County Sanitation District No.7 Sewer Connection Fees shall be required at the time a building permit is issued. Improvement plans shall be reviewed and approved by the Orange County Fire Authority for fire protection purposes. The adequacy and reliability of water system design and the distribution of fire hydrants will be evaluated. The water distribution system and appurtenances shall also conform to the applicable laws and adopted regulations enforced by the Orange County Health Department. Hydraulic analysis of the proposed water system and ability to meet OCFA fire flow demands and requirements be performed and certified by the applicant. Location of fire hydrants to be approved by the City of Tustin and the Orange County Fire Authority. The applicant is responsible for all costs related to the abandonment, at the water main, of all existing potable water and fire service connections. 3.10 Water system improvements to be designed in accordance with the requirements and standards of the City of Tustin Department of Public Works or AWWA. Exhibit A - Resolution 3986 CUP 05-016 Page 6 (1 ) 3.11 Prior to issuance of Building Permit, the applicant shall provide fire protection access easements, water easements and dedicate them to the City. The easements shall be located within unobstructed areas and clear access shall be provided at all time. (1 ) 3.12 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. (1 ) 3.13 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 requirements for developing and implementing a Waste Management Plan. (1 ) 3.14 Commercial and Multi-Family Recycling 1, The Applicant, Property Owner and/or tenant(s) are required to participate in the City's recycling program. 2. Prior to issuance of a building permit, a solid waste recycling plan identifying planned source separation and recycling programs shall be submitted and approved by the City of Tustin Public Works Department. (5) 4.1 Prior to the issuance of a building permit, the applicant shall submit plans for any addition or modification to any existing automatic fire sprinkler system in the structure to the Fire Chief for review and approval. Please contact the OCFA at (714) 573-6100 to request a copy of the "Orange County Fire Authority Notes for New NFPA 13 Commercial Sprinkler Systems." (5) Prior to the issuance of a certificate of use and occupancy, the fire sprinkler system shall be operational in a manner meeting the approval of the Fire Chief. 4.2 (5) Prior to the issuance of a building permit, the applicant shall submit architectural plans for the review and approval of the Fire Chief if required per the "Orange County Fire Authority Plan Submittal Criteria Form." Please contact the OCFA at (714) 573-6100 for a copy of the Site/Architectural Notes to be placed on the plans prior to submittal. 4.3 (5) 4.4 Prior to the issuance of a building permit, plans for the fire alarm system shall be submitted to the Fire Chief for review and approval. Please Exhibit A - Resolution 3986 CUP 05-016 Page 7 (5) 4.5 USE (1) 5.1 (1 ) 5.2 (1 ) 5.3 (5) 5.4 FEES (1) 6.1 contact the OCFA at (714) 573-6100 or visit the OCFA website to obtain a copy of the "Guideline for New and Existing Fire Alarm Systems." The fire alarm system shall be operational prior to the issuance of a certificate of use and occupancy, Use of the two temporary modular buildings shall be limited to classroom instruction and is permitted for a period not to exceed five (5) years from the date of this approval, which is August 8, 2010, or upon completion of a new permanent classroom facility, whichever occurs first. Future buildings are subject to the requirements of the Tustin City Code, including obtaining all necessary Conditional Use Permits. 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 applicanVproperty owner shall provide interim and permanent mitigation measures to alleviate the problem. Prior to issuance of building permits, the applicant shall receive approval from the State of California, Division of the State Architect. 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, Exhibit A - Resolution 3986 CUP 05-016 Page 8 b) Orange County Fire Authority plan check and inspection fees to the Community Development Department based upon the most current schedule. (1 ) 6.2 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.