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HomeMy WebLinkAboutPC RES 3710 RESOLUTION NO. 3710 ~' A RESOLUTION OF THE PLANNING COMMISSION OF 3 THE CITY OF TUSTIN, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 99-019 ESTABLISHING A 4 NURSERY SCHOOL IN AN EXISTING BUILDING LOCATED AT 1111 EL CAMINO REAL. 6 The Planning Commission of the City of Tustin does hereby resolve as follows: ? I. The Planning Commission finds and determines as follows: 8 A. That a proper application for a Conditional Use Permit was filed by Mr. 9 Donald Frizzell to establish a 50-student nursery school in an existing ~0 building at 1111 El Camino Real, more specifically described as Assessor's Parcel No. 500-151-19. ]] B. That the proposed use is allowed within the Retail Commercial (C1) zoning ~2 district with the approval of a Conditional Use Permit pursuant to Tustin City ~3 Code Section 9232(b)(j). ~4 C. That a public hearing was duly called, noticed and held on said application on January 24, 2000 by the Planning Commission. ~6 D. That the establishment, maintenance.and operation of the 'use applied for will not, under the circumstances of this case, be detrimental to the health, ~? safety, morals, comfort, or general welfare of the persons residing or ~s working in the neighborhood of such proposed use, nor be injurious or detrimental to the property and improvements in the neighborhood of the ~9 subject property, or to the general welfare of the City of Tustin, as 20 evidenced by the following findings: 2~ 1 ) As conditioned, the proposed use would not be detrimental to nor have a negative effect on surrounding property owners in that the :2 nursery school will provide adequate student loading\unloading 23 areas and staff parking, and the number of students and staff allowed at any time would be limited by the total number of parking 24 spaces and outdoor play area provided for the site. 25 2) As conditioned, the proposed circulation would not be detrimental to 26 the surrounding properties in that the property shall have a one-way traffic circulation at the front of the property with signs to be installed .... 27 indicating "Entrance Only" and "Exit Only" and that the applicant shall 2s enforce parking restrictions to avoid off-site parking and traffic conflicts. Should there be insufficient parking or internal/extemal 29 traffic conflicts, the applicant would be required to prepare a parking demand analysis or traffic study and implement mitigation measures. 3) As conditioned, the use is compatible with and may support existing 2 uses in the surrounding neighborhood. 3 E. This project is Categorically Exempt pursuant to Section 15301, Class I of 4 the California Environmental Quality Act. F. That the project has been reviewed for consistency with the Air Quality Sub- 6 element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub-element. ? s I. The Planning Commission: hereby approves Conditional Use Permit 99-019 to allow the establishment of a 50-student nursery school in an existing building 9 located at 1111 El Camino Real, subject to the .conditions contained in Exhibit A, attached hereto. 10 PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 24th day of January, 2000. ]3 /_S~'..~EN V. KOZAK 24 Chairman ELIZABETH Planning Commission Secretary STATE OF CALIFORNIA ) ~9 COUNTY OF ORANGE ) CITY OF TUSTIN ) 20 I, Elizabeth Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3710 was duly passed and adopted at a regular meeting of the Tustin Planning 2s Commission, held on the 24th day of January, 2000. 24 2,6 , Elizabeth Binsack 27 Planning Commission Secretary 28 29 EXHIBITA CONDITIONAL USE PERMIT 99-019 CONDITIONS OF APPROVAL RESOLUTION NO. 3710 ' GENERAL (1) 1.1. The proposed project shall substantially conform with the submitted plans for the project date-stamped January 24, 2000, 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 the plans if such modifications are consistent with the provisions of the Tustin City Code. (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with prior to the issuance of any building permits for the project, subject to review and approval' by the Community Development Department. (1) 1.3 The subject project approval shall become null and void unless the use is established within twelve (12) months of the date of this Exhibit. Time extensions may be granted if a written request is received by the Community Development Department prior to expiration. (1) 1.4 Approval of Conditional Use Permit 99-019 is contingent upon the applicant and property owner signing and returning an "Agreement to Conditions Imposed" form as established by the Director of Community Development. (1) 1.5 The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of a challenge of the City's approval of this project. SOURCE CODES (1)' STANDARD CONDITION (5) 'RESPONSIBLE AGENCY (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES REQUIREMENTS (7) PCICC POLICY (3) UNIFORM BUILDING CODE/S (4) DESIGN REVIEW *** EXCEPTIONS ExhibitA Conditional Use Permit 99-019 Resolution No. 3710 Page 2 USE RESTRICTIONS (:4) 2.1 A total of 50 students are authorized by CUP 99-019. The maximum number of occupants in the preschool shall be limited by the total number of parking spaces provided and outdoor play area required by Community Care Licensing on site based upon the following ratios: Parkin_q: 1 parking space for each staff member, plus '1 loading space for each eight children Outdoor PlayArea: Seventy-five (75) square feet of outdoor play area per child Prior to an increase in enrollment, the applicant shall request an amendment, subject to review and approval of the Director of Community Development. ***. 2.2 Prior to submittal of plans into plancheck, written verification from the State Department of Social Services Community Care Licensing Division stating that the outdoor play area provided at 1111 El Camino Real meets their standards for outdoor play area per child shall be submitted. (4) . 2.3 If in the future the City is advised that a parking, traffic, or noise problem exists on the site or in the vicinity as a result of the school, the Director of Community Development may require the applicant to prepare a parking demand analysis, traffic study, or noise analysis. If said study indicates that there is inadequate parking or a 'traffic or noise problem, the applicant shall be required to provide mitigation measures to be reviewed and approved by the Community Development Director. Said mitigation may include, but are not limited to, the following: a. .Adjusting hours of operation; b. Securing off-site parking from adjacent property owners; and, C. Limiting student enrollment. (4) 2.4 The applicant shall be responsible for ensuring that clients observe the following parking and circulation restrictions: · No parking in adjacent lots at Tustin High School shall be permitted; · Parents who need to leave the car shall park in the stalls furthest from the building; ExhibitA Conditional Use Permit 99-019 Resolution No. 3710 Page 3 · Parking stall numbers 2 through 7 as shown on the approved plans are to be designated for loading and unloading only; and · ' No line-up or parking along the curb on Orange Street or El Camino Real is permitted. Within 10 days of enrollment, the applicant shall maintain a statement signed by each parent which indicates acknowledgement of these parking and circulation restrictions. Said statement shall be made available to the City upon request. (4) 2.5 An adult' staff member shall be present and ensure parking and circulation compliance during peak drop-off and pick-up periods. (4) 2.6 Any graffiti occurring on the property shall be removed within 72 hours of a complaint being transmitted by the City to the property owner. Failure to maintain said structure and adjacent facilities would be grounds for City enforcement of its Property Maintenance Ordin.ance, including nuisance abatement procedures. PLAN SUBMITTAL (3) 3.1 Prior to occupancy of the building as a pre-s. chool/day care facility, the applicant shall submit tenant improvement plans to the Community Development Department to verify that the building meets all applicable occupancy standards within the Uniform Building Code(s). The building's use, occupant load, and occupancy class and a note confirming compliance with Uniform Building Code (UBC) Chapter 3, Chapter 10, and the minimum egress requirements in Table 10-A shall be included on the plans. Additionally, the tenant improvement plans submitted into plan check shall indicate that restroom(s) are accessible to persons with disabilities as per State of California Accessibility Standards, (Title 24), plumbing fixture units are required to comply with the UBC Appendix Chapter 29, as per type of - Group occupancy, or as approved by the Building Official. (3) 3.2 Indicate on the title sheet the applicable codes, City, state and federai laws and regulations to include: -- · 1997 UnifOrm Building Code (UBC) with California Amendments · 1997 Uniform Mechanical (UMC) and Uniform Plumbing (UPC) Codes with California Amendments · 1996 National Electrical Code with California Amendments ExhibitA Conditional Use Permit 99-019 Resolution No. 3710 Page 4 (5) 3.3 At the time of building permit' application, the plans shall comply with the 1997 Uniform Building Code, other related codes, City Ordinances, and State and Federal laws and regulations. (4) 3.4 The southern driveway shall be marked with signage and/or stdping designating it as "Entry Only", and the northern driveway shall be .similarly designated as "Exit Only". Parking stall numbers 2 through 7 as shown on the' approved plans shall be marked with signage and/or striping designating them as "Loading and Unloading" spaces only. Prior to installation, plans and sign details shall be submitted for review and approval by the Community Development and Public Works Department. (1) 3.5 A note shall be included on the plans stating that "Vehicle parking, the primary entrance to the building, the primary paths of travel, sanitary facilities, drinking fountains and public telephones shall be accessible to persons with disabilities:" (4) 3.6 The applicant shall install new walls or fencing or modify the existing walls and fences to comply with Tustin City Code (TCC) Section 9232(B)(j)(8) which requires a six foot eight inch (6' 8") solid fence or wall around-the perimeter of the outdoor play area or the applicant may submit bonds to the Community Development Department to ensure that the existing fences and walls surrounding the outdoor play area are brought into compliance pending the outcome of any zoning code amendment that may modify the fence height requirements. The City shall prepare a code amendment to be considered by the Planning Commission and City Council within twelve (12) months of the date of this exhibit. (3) 3.7 Parking for disabled persons shall be provided with an additional 5 foot loading area with striping and ramp; disabled persons shall be able to park and access the building without passing behind another car. At least one (1) accessible space shall be van accessible served by a minimum 96 inch wide loading area. (3) 3.8 Prior to issuance of a Certificate of Occupancy, written approval of the project from the State Fire Marshal, State Health Department and Orange ... County Fire Authority shall be submitted to the Community Development Department ExhibitA Conditional Use Permit 99-019 Resolution No. 3710 Page 5 FIRE (5) 4.I 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 thirty-six (36) feet in width. The plans shall indicate the locations of red curbing and signage. A drawing of the proposed signage with the height, stroke and color of lettering and the contrasting background color shall be submitted to and approved by the Fire Chief. (5) 4.:2 Prior to the issuance of any certificate of use and occupancy, the fire lanes shall be installed in accordance with the approved plans. The approved documents shall contain a fire lane map and provisions which prohibit parking in the fire lanes. The method of enforcement shall be documented. (5) 4.3 Prior to the issuance of a building permit, the applicant shall submit plans for the review and approval of the Fire Chief as indicated on the OCFA Plan Submittal. Criteria form. Contact the Orange ~County Fire Authority at 714.744.0403 for a copy of the Fire Safety/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. Prior to the issuance of a certificate of use and occupancy, the fire alarm system shall be fully operational. FEES (1)(5) 5.I 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,' including any applicable permit penalties 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. Exhibit A Conditional Use Permit 99-019 Resolution No. 3710 Page 6 (1) 5.2 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 $38.00 (thirty eight dollars) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period that 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.