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HomeMy WebLinkAboutPC RES 3689]2 ]5 ]6 20 2] 2.4 26 2? RESOLUTION NO. 3689 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 99-018 AND DESIGN REVIEW 99-029 TO AUTHORIZE THE MODIFICATION TO CONDITIONAL USE PERMIT 91-002 TO INCREASE THE MAXIMUM NUMBER OF CHILDREN ENROLLED AT THE PRESCHOOL TO 79, EXPAND THE PRESCHOOL HOURS OF OPERATION, AND INSTALL A TEMPORARY MODULAR STRUCUTRE FOR CLASSROOM USE FOR FIVE YEARS The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: Ao That a proper application for Conditional Use Permit 99-018 and Design Review 99-029 was filed by Mel Malkoff and Associates on behalf of the property owner, Congregation B'nai Israel, requesting authorization to increase the maximum number of children enrolled at the preschool from 64 to 79, expand the preschool hours of operation from 8:30 a.m. to 3:30 p.m. to 6:30 a.m. to 6:00 p.m., and install a modular structure for classroom use for a five year pedod on property located at 2111 Bryan Avenue and more specifically described as Assessor's Parcel Nos. 500-211-04, 500-211-13, 500-211-14 and 500-211-16. Bo That the use is a conditionally permitted use in the East Tustin Specific Plan Community Facility zoning district. C. That a public hearing was duly called, noticed and held on said application on September 13, 1999 by the Planning Commission. 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 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: 1) The proposed use is consistent with the East Tustin Specific Plan and the City of Tustin General Plan in that the "Community Facility" zoning district conditionally permits pre-schools and the "Planned Community Residential" land use designation provides for pre- schools which are compatible and oriented towards providing for the needs of residential neighborhoods. 2) The traffic on Bryan Avenue will not be significantly impacted with the proposed increase in enrollment and staffing or hours of operation of the preschool. The existing level of service of Bryan Avenue will not be impacted by the proposed use. Should there be a problem with traffic circulation, the applicant will be required to l0 ll Resolution No. 3689 September 13,1999 Page 2 prepare a formal traffic study and implement mitigation measures required by the City. 3) As conditioned, the temporary structure and proposed use will not have a negative effect on the surrounding property owners or impact the availability of off-street parking in that the increase in enrollment and staffing of the preschool and the proposed temporary modular classroom will not increase the total number of required on-site parking spaces (135) during operation of the preschool, offices, and classrooms. No activities will be scheduled simultaneously that would require more parking spaces than are provided. Should there be a problem with parking, the applicant will be required to prepare a formal parking demand analysis and implement mitigation measures required by the City.. 20 21 24 E. 4) The proposed modular structure and proposed use, as conditioned, will not be a detriment to the public health, safety, welfare and aesthetics of the community since the structure will be removed within five (5) years and permanent Phase III facilities would be constructed or the area where the modular structure is to be placed would be permanently landscaped. The proposed temporary structure and proposed use, as conditioned, will not be detrimental to the surrounding properties in that the modular structure is placed near the southern property boundary at a distance from residential properties to the north, east, and south. The structure will be screened with dense landscaping that is required'to be maintained in a healthy condition. 6) The proposed temporary structure and proposed use will not be detrimental to the surrounding properties in that that the hours of operation will be limited to daytime hours on Monday through Friday from 6:30 a.m. to 6:00 p.m. In addition, the applicant would be required to submit a noise analysis and implement mitigation measures if a nuisance is created by the level of noise generated from the preschool playground area. Pursuant to Section 9272 of the Tustin Municipal Code, the Commission finds that the location, size, architectural features and general appearance of Design Review 99-029, as conditioned, 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: 20 24 -"5 Resolution No. 3689 September 13,1999 Page 3 I!. 1. Height, bulk and area of buildings. 2. Setbacks and site planning. 3. Exterior materials and colors. 4. Type and pitch of roofs. o Size and spacing of windows, doors and other openings. Towers, chimneys, roof structures, flagpoles, radio and television antennae. 7. Landscaping, parking area design and traffic circulation. 8. Location, height and standards of exterior illumination. o Location and appearance of equipment located outside of an enclosed structure. 10. Location and method of refuse storage. 11. Physical relationship of proposed structures to existing structures in the neighborhood. 12. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. 13. Development Guidelines and criteria as adopted by the City Council. F. This project is addressed by a previous Environmental Impact Report (85-2) for the East Tustin Specific Plan in accordance with the provisions of the California Environmental Quality Act (CEQA). G, That 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 Planning Commission hereby approves Conditional Use Permit 99-018 and Design Review 99-029 authorizing an increase in the maximum number of children enrolled at the preschool from 64 to 79, expansion of the preschool hours of operation from 8:30 a.m. to 3:30 p.m. to 6:30 a.m. to 6:00 p.m., and the installation of a modular structure for classroom use for five years on the the property located at 2111 Bryan Avenue, subject to the conditions contained in Exhibit A, attached hereto. I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 3689 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 13th day of September, 1999. ELIZABETH A. BINS~I~ Planning Commission Secretary 20 24 26 2? Resolution No. 3689 September 13,1999 Page 4 PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 13th day of September, 1999. LIZABETH A. BINSACK Planning Commission Secretary 4~ai~sNonv. KOZAK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) EXHIBIT A CUP 99-018 AND DR 99-029 2111 BRYAN AVENUE CONDITIONS OF APPROVAL RESOLUTION NO. 3689 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped September 13, 1999 on file with the Community Development Department, as herein modified, or unless otherwise indicated, as modified by the Community Development Director in accordance with this Exhibit. The Director may approve subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code or other applicable regulations. (1) 1.2 Unless otherwise specified herein, all conditions contained in Planning Commission Resolution Nos. 2901, 2943 and 4005 shall continue to apply to the project with the following exceptions: A. Condition 2.2 of Resolution 2901 shall be modified to read as follows: "Hours of operation of the preschool shall be between 6:30 a.m. and 6:00 p.m., Monday through Friday. The preschool shall not be operated simultaneously with social hall or sanctuary usage for congregation fudctions." Bo Condition 2.3 of Resolution 2901 shall be modified to read as follows: 'q'he pre-school shall be limited to a maximum enrollment of seventy- nine (79) children. No more than seventy-nine (79) children shall be in attendance in the preschool facilities at one time, based upon the State Department of Social Services standards for minimum indoor and outdoor space." (4) 1.3 Prior to the issuance of any building permits for the project, all conditions contained in Resolution 3689 shall be complied with subject to review and approval by the Community Development Department. (1) 1.4 The subject project approval shall become null and void unless permits for the proposed project are issued and substantial construction is underway within eighteen (18) 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. SOURCE CODES (2) (3) (4) STANDARD CONDITION CEQA MITIGATION UNIFORM BUILDING CODE/S DESIGN REVIEW EXCEPTIONS ($) ($) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY Exhibit A Resolution No. 3689 Page 2 (1) 1.5 Approval of CUP 99-018 and DR'99-029 is contingent upon the applicant and property owners signing and returning an "Agreement to Conditions Imposed" form as established by the Community Development Department. (1) 1.6 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. (1) Phase III development will require separate Design Review by the Community Development Department and the Planning Commission. USE RESTRICTIONS (1) 2.1 The modular classroom structure shall be removed from the subject property prior to issuance of a Certificate of Occupancy for Phase 111 development or within five (5) years from the adoption date of this resolution, September 13, 2004, whichever occurs first. The modular structure may be relocated along the southern boundary of the property during construction and shall be removed prior to issuance of a Certificate of Occupancy for Phase III development. A relocation plan for the modular structure shall be submitted to the Community Development Department for review and approval prior to issuance of building permits for the modular structure. A refundable bond for removal of the modular structure in the amount of $1,500.00 shall be deposited with the Community Development Department prior to issuance of building permits for the modular structure. (1) 2.2 If Phase Iil construction has not been undertaken within the five (5) years from the date of this resolution, the modular classroom structure shall be removed and the footprint area shall be landscaped. A landscape plan for this area shall be submitted to the Community Development Department for review and approval prior to issuance of building permits for the modular structure. (1) 2.3 No activities shall be scheduled simultaneously in the social hall, sanctuary, and .office/classroom facilities, including the proposed temporary modular structure. Exceptions to this requirement include the 900 square foot office/administration area, the 120 square foot gift shop, and the 1,292 square foot classroom/meeting room. (1) 2.4 A total of 135 parking spaces are required for the Phase I, Phase II and the temporary modular classroom facility. This requirement is based on no simultaneous uses occurring in the social hall, sanctuary, and office/classroom facilities including the temporary modular structure, with the exception of those uses listed in Condition 2.3. (2) 2.5 If in the future the City determines that a parking, traffic, or noise problem exists on the site or in the vicinity as a result of the preschool, the Community Development Director may require the applicant to prepare a parking demand analysis, traffic study or noise analysis and the applicant shall bear all associated costs, if said study indicates that there is inadequate parking or a traffic or noise problem, the applicant shall be Exhibit A Resolution No. 3689 Page 3 required to provide mitigation measures to be reviewed and approved by the Community Development Department and/or Public Works Department. Said mitigation measures may include, but are not limited to, the following: a. Adjust hours of operation. Reduce student enrollment. (1) 2.6 Landscaping and "green screen" vines shall be maintained in a healthy and vigorous condition. All landscaping and vines that are not in such condition shall be replaced within five (5) days of notification from the City. (1) 2.7 The applicant and/or pre-school operator shall provide a copy of the license issued by the State Department of Social Services for a pre-school with 79 students to the Community Development Director prior to issuance of a Certificate of Occupancy for the modular structure. PLAN SUBMITTAL (1) 3.1 At building plan check, submit four (4) sets of construction plans, two (2) sets of structural calculations and Title 24 energy calculations prepared by a licensed engineer/architect. No field changes shall be made without corrections submitted to and approved by the Community Development Department. (1) 3.2 Indicate on the title sheet compliance with the following codes, City, state and federal laws and regulations to include: · 1997 Uniform Building Code with Califomia Amendments · 1997 Uniform Mechanical and Plumbing Codes with Amendments · 1996 National Electrical Code with California Amendments · City of Tustin Grading and Secudty Ordinance · City of Tustin Landscaping and Irrigation Guidelines California (5) 3.3 Prior to permit issuance, clearances from the State Fire Marshal and the State Health Department are required. (3) 3.4 If the height of the deck exceeds thirty (30) inches above grade, intermediate railings and hand/guard rail shall comply with the Uniform Building Code, 1997 Edition, Sections 509 and 1003.3. 3.5 Specifications at Building Permit plan check submittal shall reflect materials call-outs on all elevations with applicable details and notes added. (3) 3.6 Smoke detectors shall be provided in the modular classrooms, complying with the Uniform Building Code, 1997 Edition, Section 1007.3.4. Exhibit A Resolution No. 3689 Page 4 (4) 3.7 All mechanical and electrical fixtures and equipment shall be adequately and decoratively screened. The screen shall be considered as an element of the overall design of the project and shall either blend with the architectural design of the building or be integrated into the landscape design (1) 3.8 All final colors and materials to be used shall be subject to review and approval by the Community Development Department. All exterior treatments shall be coordinated with regard to color, materials and detailing and clearly noted on submitted construction plans and elevations. NOISE (5) 4.1 All construction operations, including engine warm-up and deliveries of materials and equipment, shall be subject to the provisions of the Tustin Noise Ordinance and shall take place only between the hours of 7:00 a.m. and 6:00 p.m., Monday through Friday, and between 9:00 a.m. and 5:00 p.m. on Saturday, unless otherwise determined by the Building Official. (5) 4.2 Construction hours shall be clearly posted on the project site to the satisfaction of the Building Official. (5) 4.3 All construction and operational activities shall comply with the noise level restrictions of the City of Tustin Noise Control Ordinance. FIRE AUTHORITY (5) Pdor to the issuance of a building permit, the applicant shall submit plans for the review and approval of the Fire Chief. The applicant shall include information on the plans required by the Fire Chief. Contact the Orange County Fire Authority Plans Review Section at (714) 744-0403 for the Fire Safety/ArchitecturalNotes to be placed on the plans. (5) 5.2 Prior to the issuance of a building permit, the applicant shall submit a fire hydrant location plan for the review and approval of the Fire Chief. (5) 5.3 Prior to the issuance of a building permit, the applicant shall submit to the Fire Chief evidence of the on-site fire hydrant system and indicate whether it is public or private, if the system is private, the system shall be review and approved by the Fire Chief prior to issuance of a building permit. Provisions shall be made by the applicant for the repair and maintenance of the system, in a manner meeting the approval of the Fire Chief. (5) 5.4 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 for approval to the Orange County Fire Authority. Exhibit A Resolution No. 3689 Page 5 (5) 5.5 FEES Prior to the issuance of a building permit, plans for the fire alarm system shall be submitted to the Fire Chief for review. This system must be operational prior to the issuance of a Certificate of Occupancy. (1)(5) 6.1 Prior to issuance of any building permits, payment shall be made of all applicable fees, including but not limited to the following. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. A. Building plan check and permit fees to the Community Development Department based on the most current schedule. B. Orange County Fire Authority plan check and inspection fees to the Community. Development Department based upon the most current schedule. (2) 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 $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 Califofnia Environmental Quality Act could be significantly lengthened.