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HomeMy WebLinkAboutPC RES 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. 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 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. ¿¡¡¡~_/I ~ß- IZABETH A BINSACK Planning Commission Secretary JOH IELSEN Chairperson 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. ¿:t~ ~-~ ELIZABETH A BIFJSACK Planning Commission Secretary EXHIBIT A CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 05-016 AUGUST 8, 2005 GENERAL (1 ) 1.1 (1 ) 1.2 (1 ) 1.3 (1 ) 1.4 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. (1) 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 Exhibit A - Resolution 3986 CUP 05-016 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. 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) 2.1 (5) 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) 2.3 2.4 2.5 2.6 2.7 (5) 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-B. 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 ) (1 ) (1 ) 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 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) 4.2 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. (5) 4.3 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. (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 applicant/property 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.