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HomeMy WebLinkAboutPC RES 4067RESOLUTION NO. 4067 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 07-003 AND DESIGN REVIEW 07-003 TO DEMOLISH THE EXISTING FELLOWSHIP HALL, CONSTRUCT A NEW CLASSROOM AND FELLOWSHIP HALL BUILDING AND CONVERT AN EXISTING LUNCH SHELTER STRUCTURE TO A TEMPORARY FELLOWSHIP HALL AND EVENTUAL CLASSROOM AND KITCHEN FACILITY ON THE PROPERTY LOCATED AT 13200 RED HILL AVENUE, ALSO KNOWN AS ASSESSOR PARCEL NUMBER 103-472-14. The Planning Commission of the City of Tustin does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That a proper application for Conditional Use Permit 07-003 and Design Review 07-003 was filed by Scott vonKaenel of Lundstrom and Associates Architects on behalf of Red Hill Lutheran Church requesting approval to demolish the existing Fellowship Hall, construct a new classroom and fellowship hall building, and to convert an existing lunch shelter structure to a temporary fellowship hall and eventual classroom and kitchen facility on the property located at 13200 Red Hill Avenue; B. That 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 September 11, 2007, by the Planning Commission; D. That the project is Categorically Exempt pursuant to Section 15332, Class 32 of the California Code of Regulations (Guidelines for the California Environmental Quality Act); E. That the construction of a new fellowship hall and conversion of an existing lunch shelter, 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 new facilities will replace and absorb the capacity of the existing Fellowship Hall, and the two Resolution 4067 Page 2 temporary modular classroom buildings that were approved until the construction of a permanent facility was completed. ; b) Sufficient parking exists on-site for the school expansion, and there would be no simultaneous uses between the church service and school facilities. c) A traffic impact analysis was conducted and, as determined by the Public Works Engineering Division, the net increase in traffic at the project site is not anticipated to generate significant traffic impacts, and there is sufficient roadway capacity to accommodate the proposed project. F. Pursuant to Section 9272 of the Tustin Municipal Code, the Planning Commission finds that the location, size, architectural features, and general appearance of the proposed development will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole. In making such findings, the Commission has considered at least the following items: 1. Height, bulk, and area of buildings. 2. Setbacks and site planning. 3. Exterior materials and colors. 4. Type and pitch of roofs. 5. Size and spacing of windows, doors, and other openings. 6. Landscaping, parking area design, and traffic circulation. 7. Physical relationship of proposed structures to existing structures in the neighborhood. 8. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. 9. Development Guidelines and criteria as adopted by the City Council. G. A decision to approve the proposed design of the new fellowship hall and converted lunch shelter can be supported by the following finding: The new and expanded uses and structures enhance their site and are harmonious with the highest standards of improvements in the surrounding area and total community. II. The Planning Commission hereby approves Conditional Use Permit 07-003 and Design Review 07-003 approving the demolition of the existing Fellowship Hall, construction of a new classroom and fellowship hall building and conversion of an existing lunch shelter structure to a temporary fellowship hall and eventual classroom and kitchen facility on the property of Red Hill Lutheran Church and Resolution 4067 Page 3 School 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 11th day of September, 2007. ~~~~~~1 ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN x JOHN ELSEN Chairperson 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. 4067 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 11th day of September, 2007. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A RESOLUTION NO. 4067 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 07-003 AND DESIGN REVIEW 07-003 SEPTEMBER 11, 2007 GENERAL (1) 1.1 The proposed use shall substantially conform with the submitted plans for the project date stamped September 11, 2007, 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. (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified, subject to review and approval by the Community Development Department. (1) 1.3 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. (1) 1.4 Approval of Conditional Use Permit 07-003 and Design Review 07-003 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 (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Exhibit A -Resolution 4067 CUP 07-003 & DR 07-003 Page 2 BUILDING/PLAN SUBMITTAL (1) 2.1 At the time of building permit application prior to Dec. 31, 2007, the plans shall comply with the latest State and the City Tustin adopted Codes: 2001 California Building Code (CBC), 2001 California Mechanical Code (CMC), 2001 California Plumbing Codes (CPC), 2004 California Electrical Code (CEC), California Title 24 Accessibility Regulations, 2005 Title 24 Energy Regulations, City Ordinances, and State and Federal laws and regulations 2005 Edition. It is expected that a new set of California Codes will take effect on Jan. 1, 2008. Please note that this set of comments is based on current codes. (`*') 2.2 Prior to final inspection and issuance of Certificate of Use and Occupancy to the Lunch shelter conversion to temporary Fellowship Hall, the shelter structure and all existing buildings attached to it shall be equipped with an approved automatic fire sprinkler system. (1) 2.3 The plans submitted 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. (1) 2.4 Vehicle parking, primary entrance to the building, primary paths of travel, cashier space, sanitary facilities, drinking fountains, and public telephones shall be accessible to persons with disabilities. (1) 2.5 Prior to permit issuance, clearances from the following may be required: Orange County Health Department, Orange County Fire Authority, South Coast Air Quality Management District, State Department of Education, and the State Department of Occupational Safety and Health. (1) 2.6 The applicant shall provide an accessible path of travel from the public sidewalk to the new Christian Life Center entrance. (1) 2.7 At plan check submittal, a photometric plan shall be submitted in compliance with the City of Tustin Security Ordinance. (1) 2.8 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. Exhibit A -Resolution 4067 CUP 07-003 & DR 07-003 Page 3 (1) 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. (1) 2.10 At plan check submittal, a construction phasing plan shall be submitted to show fencing and staging to separate the construction zone from non- construction areas, including school facilities and areas where children might be present. (1) 2.11 An adequate size trash enclosure with solid metal, self-closing, self-latching gates is required to be located on the property and maintained to avoid health issues for neighboring commercial and residential areas. Said enclosure shall be screened by a solid decorative wall consistent with the adjacent building's material and finish and be of a minimum height of six (6) feet. The actual location of the enclosure and types of screening and details of the enclosure shall be submitted at building plan check and are subject to approval by the Community Development Department. The location of the bin, size, and quantity shall be reviewed and accepted in writing by Joe Meyers, Administrative Services Manager. (1) 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. PUBLIC WORKS/ENGINEERING (1) 3.1 Any damage done to existing street improvements and utilities shall be repaired before issuance of a Certificate of Occupancy for the development. (1) 3.2 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. (1) 3.3 Current Federal Americans with Disabilities Act (ADA) requirements shall be met at the drive apron and pedestrian sidewalk. (1) 3.4 Prior to issuance of a demolition, precise/rough grading, and/or building permit with valuation of $50,000 or greater, the applicant shall submit Construction & Demolition (C&D) debris collection, disposal, and diversion information on the City-prescribed forms for approval by the City of Tustin. Exhibit A -Resolution 4067 CUP 07-003 & DR 07-003 Page 4 At least 50 percent of the construction debris shall be diverted from landfill to the recycling plants. A security deposit in the amount of $50 per ton (not to exceed $5,000 per project) for a C&D security deposit will be collected prior to issuance the permit. Prior to final inspection, the applicant shall submit to the City of Tustin documents (i.e. receipt from vendor) showing actual weight or volume of each material of C&D diverted to the recycling center. (City Ordinance 1281) (1) 3.5 Six (6) sets of final grading plans consistent with the site and landscaping plans as prepared by a registered civil engineer shall be submitted and shall include the following: • Technical details and plans for all utility installations including telephone, gas, water, and electricity. • Three (3) copies of a recent soil report provided by a civil engineer (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 & Hydraulic Report. (1) 3.6 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. (1) 3.7 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) 3.8 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. Exhibit A -Resolution 4067 CUP 07-003 & DR 07-003 Page 5 (1) 3.9 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 WOMP 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. (1) 3.10 Prior to submittal of a Water Quality Management Plan (WQMP), the applicant shall submit a deposit of $2,700.00 for the estimated cost for reviewing WQMP to the Building Division. The actual costs will 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 will be refunded to the applicant. (1) 3.11 Prior to issuance of any permits, the property owner(s) shall record a declaration of restrictions with the County Clerk Recorder. This declaration binds current and future owner(s) of the property regarding implementation and maintenance of the structural and non structural BMPs as specified in the approved WQMP. This form can be obtained from the Community Development Department The Community Development and Public Works Departments will determine whether any change in use requires an amendment to an approved Water Quality Management Plan. (1) 3.12 Prior to issuance of a building permit, the applicant shall provide written approval/permit from the Orange County Sanitation District. (1) 3.13 Prior to issuance of a building permit, the applicant shall provide written approval/permit from the East Orange County Water District. (1) 3.14 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. (1) 3.15 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. Exhibit A -Resolution 4067 CUP 07-003 & DR 07-003 Page 6 (1) 3.16 Hydraulic analysis of the proposed water system and ability to meet OCFA fire flow demands and requirements be performed and certified by the applicant. (1) 3.17 Location of fire hydrants to be approved by the City of Tustin and the Orange County Fire Authority. (1) 3.18 The applicant is responsible for all costs related to the abandonment, at the water main, of all existing potable water and fire service connections. (1) 3.19 Water system improvements to be designed in accordance with the requirements and standards of the City of Tustin Department of Public Works or AWWA. (1) 3.20 Prior to issuance of a 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 times. (1) 3.21 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) 3.22 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) 3.23 Commercial Recycling The Applicant, Property Owner and/or tenant(s) are required to participate in the City's recycling program. Prior to issuance of a building permit, a solid waste recycling plan shall be submitted and approved by the City of Tustin Public Works Department. The plan shall contain the following information: i. The total quantity (Ibs. or tons) of waste material to be generated by the proposed development use(s). ii. The types of waste materials likely to be generated by the proposed use(s). Exhibit A -Resolution 4067 CUP 07-003 & DR 07-003 Page 7 iii. The proposed method of recycling, including material types and quantities. iv. Identify any outside recycling equipment or services, other than the City franchise hauler, proposed to service the development. v. Identify any special waste materials (cooking oils, hazardous materials, lumber, etc.) which require special handling. vi. Identify the types and number of collection receptacles to be utilized and the proposed frequency of collection. Vii. Demonstrate that waste and recycling collection locations are clearly identified and are equally and readily accessible by property owners and tenants viii. Demonstrate that waste collection locations can be readily accessed by waste and recycling collection vehicles. ORANGE COUNTY FIRE AUTHORITY (OCFA) (5) 4.1 Prior to the issuance of a building permit, the applicant shall submit evidence of the on-site fire hydrant system to the Fire Chief and indicate whether it is public or private. If the system is private, it shall be reviewed and approved by the Fire Chief prior to building permit issuance, and the applicant shall make provisions for the repair and maintenance of the system in a manner meeting the approval of the Fire Chief. (5) 4.2 Prior to the issuance of any certificate of occupancy, all fire hydrants shall have a blue reflective pavement marker indicating the hydrant location on the street as approved by the Fire Chief, and must be maintained in good condition by the property owner. (5) 4.3 Prior to the issuance of a building permit, the applicant shall provide evidence of adequate fire flow. The "Orange County Fire Authority Water Availability for Fire Protection" form shall be signed by the applicable water district and submitted to the Fire Chief for approval. If sufficient water to meet fire flow requirements is not available an automatic fire extinguishing system may be required in each structure affected. (5) 4.4 Prior to the issuance of a building permit, the applicant shall submit plans for any required automatic fire sprinkler systems in these structures to the Fire Chief for review and approval. Prior to the issuance of a certificate of occupancy, this system shall be operational in a manner meeting the approval of the Fire Chief. Exhibit A -Resolution 4067 CUP 07-003 & DR 07-003 Page 8 (5) 4.5 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. This system shall be operational prior to the issuance of a certificate of occupancy. (5) 4.6 OCFA recognizes that the fire department access road is in existence. The access road shall be kept in good condition throughout the construction period. The applicant shall submit a construction phasing plan. Please contact OCFA for specific requirements of a construction phasing plan. (5) 4.7 Prior to the issuance of a building permit, the applicant shall submit plans and obtain approval from the Fire Chief for fire lanes on required fire access roads less than 36 feet in width. The plans shall indicate the locations of red curbs and signage and include a detail of the proposed signage including the height, stroke and colors of the lettering and its contrasting background. OCFA recognizes that fire lane markings may already be in existence. Prior to final approval any fire lane markings removed by the construction shall be repainted or signed. (5) 4.8 Prior to the issuance of a building permit for combustible construction, the builder shall submit a letter on company letterhead stating that water for fire-fighting purposes and all-weather fire protection access roads shall be in place and operational before any combustible material is placed on site. Building permits will not be issued without OCFA approval obtained as a result of an on-site inspection. The applicant shall contact the OCFA at (714) 573-6100 to obtain a copy of the standard combustible construction letter. (5) 4.9 Prior to the issuance of any grading permits, the applicant shall obtain the approval from the Fire Chief for the construction of any gate across required fire department access roads. The applicant shall contact the OCFA at (714) 573-6100 or visit the OCFA website to obtain a copy of the "Guidelines for Design and Installation of Emergency Access Gates and Barriers." (5) 4.10 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." The applicant shall contact the OCFA at (714) 573-6100 for a copy of the Site/Architectural Notes to be placed on the plans prior to submittal. Exhibit A -Resolution 4067 CUP 07-003 & DR 07-003 Page 9 USE RESTRICTIONS (***) 5.1 Prior to issuance of the Certificate of Occupancy, the three temporary modular buildings must be removed and the site restored with appropriate landscaping and hardscaping, subject to approval by the Community Development Department. (***) 5.2 The day school use and the church service use shall remain non- concurrent, unless additional parking can be provided to accommodate both uses (subject to review and approval of the Director of Community Development.) (***) 5.3 Based on the available parking and traffic capacity of the site, the maximum number of students and instructors associated with Red Hill Lutheran Church and School shall not exceed the following: • 500 students • 52 weekday church and school staff members (full-time and part- time) Any request for an increase in the number of students and/or staff shall be subject to review and approval of the Director of Community Development. (***) 5.4 Based upon the number of students (500) and staff (52) proposed with the increase in facilities for the school use, 115 parking spaces shall be made available during weekday school hours. Any request for an increase in the number of students and/or staff shall be based on the availability of parking, subject to review and approval of the Community Development Director. (1) 5.5 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. (1) 5.6 The school area shall be separated from any construction activity occurring at the site by an adequate physical barrier and subject to review, approval, and on-site inspection by the Community Development Department prior to construction activity. No construction vehicles, materials, or equipment shall be stored within the area of the school facility, or where children might be present. Exhibit A -Resolution 4067 CUP 07-003 & DR 07-003 Page 10 FEES (1) 6.1 Prior to issuance of any permits, payment shall be made of all applicable fees, including but not limited to, the following: • Building Plan Check and Permit Fees • Grading Plan Check and Permit Fees • Transportation System Improvement Program Fees • School Fees • Orange County Fire Authority Fees (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 ($50.00) 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.