Loading...
HomeMy WebLinkAboutPC RES 364712 13 14 18 19 2O 21 22 23 24 25 26 27 28 29 RESOLUTION NO. 3647 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 98-023 & DESIGN REVIEW 98- 028. ESTABLISHING A PRESCHOOL IN AN EXISTING BUILDING LOCATED AT 1091 BRYAN AVENUE. The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: me That a proper application for a Conditional Use Permit was filed by Barbara J. Krull to establish a pre-school in an existing building at 1091 Bryan Avenue, more specifically described as Assessor's Parcel No. 500-131-09. B, That the proposed use is allowed within the Retail Commercial (C1), with the approval of a Conditional Use Permit (TCC 9232). Co That a public hearing was duly called, noticed and held on said application on January 11, 1999 by the Planning Commission. Do 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) As conditioned, the proposed use will not be detrimental to nor have a negative effect on surrounding property owners in that the preschool will provide adequate student loading\unloading areas and staff parking, and the number of students and staff allowed at any time ~411 be limited by the total number of parking spaces provided for the site. 2) As conditioned, the proposed circulation will not be detrimental to 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 indicating "Entrance Only" and "Exit Only", and that the parking spaces at the front of the property shall be designated as loading and unloading only. Should there be a problem with adequacy of parking or traffic circulation, the applicant will be required to prepare a parking demand analysis identifying and implementing mitigation measures required by the City. 3) As conditioned, the use is compatible with and may support existing uses in the surrounding neighborhood. 10 14 15 18 19 20 22 23 24 25 Resolution No. 3647 Page 2 Eo Pursuant to Section 9272 of the Tustin Municipal Code, the Commission finds that the location, size, architectural features and general appearance of the proposed project 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. Landscaping, parking area design and traffic circulation. 4. Location, height and standards of exterior illumination. 5. Location and method of refuse storage. Ge o Physical relationship of proposed improvements to existing structures in the neighborhood. Appearance and design relationship of proposed improvements to existing structures and possible furore structures in the neighborhood and public thoroughfares. 8. Development Guidelines and cfitera as adopted by the City Council. F~ This project is Categorically Exempt (Class 1, minor alterations to existing private facilities) pursuant to the provisions of Section 15301 of the California Environmental Quality Act. II. The Planning Commission hereby approves Conditional Use Permit 98-023 & Design Review 98-028, to allow establishment of a preschool in an existing building located at 1901 Bryan Avenue, subject to the conditions contained in Exhibit A, attached hereto. 2s 1] ELIZABETHBINSACK [[ Planning Commission Secretary 29 PASSED AND ADOPTED by the Planning Commission of Jhe City of Tust~a) at a regular meeting on the 11 th day of January, 1999. // // LESLIE PONTIOUS Chairman 12 14 15 19 2O 22 24 25 26 27 29 STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN 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. 3647 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 11 th day of January, 1999. Elizabeth Binsack Planning Commission Secretary EXHIBIT A CONDITIONAL USE PERMIT 98-023 & DESIGN REVIEW 98-028 CONDITIONS OF APPROVAL. RESOLUTION NO. 3647 (1) (i) GENERAL 1.1 1.2 The proposed project shall substantially conform with the submitted plans for the project date-stamped January 11, 1999, 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. 1.3 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, 1.4 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. Approval of Conditional Use Permit 98-023 and Design Review 98-028 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. The applicant shall hold harmless and defend the City of Tustin from all cia/ms and liabilities arising out of a challenge of the City's approval of this project. SOURCE CODES (1) (2) (3) (4) STANDARD CONDITION CEQA MITIGATION UNIFORM BUILDING CODE/S DESIGN REVIEW EXCEPTIONS (s) (6) (7) RESPONSIBLE AGENCY REQUIRE NTS LANDSCAPING GUIDELINES PC/CC POLICY Exhibit A Conditional Use Permit 98-023 Resolution No. 3647 Page 2 USE RESTRICTIONS (4) A total of 60 students are authorized by CUP 98-023. The maximum number of occupants in the preschool shall be limited by the total number of parking spaces provided on site based upon the following ratios: Preschool: 1 parking space for each staff member, plus 1 loading space for each eight children If student enrollment is increased, the applicant shall request an amendment, subject to review and approval of the Planning Commission. (4) 2.2 A minimum of three spaces in the front parking lot shall be marked by either painting the curb or installation of signs as restricted for children loading and unloading only during peak period hours. Said spaces may be used for parking during non-peak periods. (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 Planning Commission. 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 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 smacture and adjacent facilities would be grounds for City enforcement of its Property Maintenance Ordinance, including nuisance abatement procedures. (4) 2.5 The front gate leading to the rear par ~king lot area shall remain open during business hours. Exhibit A Conditional Use Permit 98-023 Resolution No. 3647 Page 3 (4) 2.6 In accordance to the Tustin City Code Section 8402 (a), all electrical, telephone, community antenna, television and similar services wires or cables which provide direct service to the property being developed, shall, within the exterior boundary lines of such property, be installed underground. (4) 2.7 The outdoor play area shall be separated from surrounding properties by a minimum of five (5) foot high solid wall or fence. (6) · 2.8 The applicant shall install two 24" box trees within the five foot front landscape area and two 24" box trees within other landscape area along the front property line. (4) 2.9 The applicant shall provide the City with a statement that must be signed by each parent upon enrollment which indicates parking and circulation restrictions. The restriction shall include the following: · No parking in adjacent lots; · Parents who need to leave the car must park in the rear parking lot; · Parking along the front is for loading and unloading only; and · No line-up or parking along the curb on Bryan Avenue is permitted. The acknowledgement shall be reviewed and approved by the Community Development Department. 2.10 An adult staffmember shall be present and ensure compliance during peak drop- off and pick-up periods. BUILDING DIVISION (3) 3.1 Plans shall comply with applicable codes, City Ordinances, and the State and Federal laws and regulations including: O O 0 0 0 0 0 0 1994 Uniform Building Code with California Amendments; 1997 Uniform Mechanical and Plumbing Codes with California Amendments; 1993 National Electrical Codes with California Amendments; T-24 California Disabled Access Regulations; T-24 California Energy Efficiency Standards; City of Tustin Grading an Security Ordinances; City of Tustin Landscape and Irrigation Guidelines; and, City of Tustin Private Improvement Standards. Exhibit A Conditional Use Permit 98-023 Resolution No. 3647 Page 4 (3) 3.z Plans shall comply with adopted local codes, ordinances and applicable state amendments for an E-1 occupancy or as addressed by Chapter 3 U.B.C. (3) 3.3 Plans shall comply with 904.2.4.1. U.B.C. for fire sprinkler requirements. (3) 3.4 In accordance with the Private School Safety Act, the design professional submitting construction documents must be a licensed architect or civil engineer. (3) 3.5 When submitting for a building permit, submit four sets of plans, two sets of ' structural calculations, acoustical reports, specification and soils reports. Electrical, mechanical and plumbing plans shall be included. Landscaping plans and sign plans shall be submitted separately. ENGINEERING (5) 4.1 A street improvement plan shall be submitted and shall identify the installation of red curb on the approaches to the proposed driveways. The street improvement plan shall include a stripping pattern (to scale) on Bryan Avenue. (5) 4.2 The dimensions of the adjacent driveways shall be included on the street improvement plan. (5) 4.3 Access signs indicating "ENTRANCE ONLY · Exit 4,, and "EXIT ONLY° Entrance -}" shall be maintained on site. Prior to installation, the location and dimension of signs shall be approved by the Community Development Department and Public Works Department. FIRE AUTHORITY (5) 5.1 Fire Hydrants Prior to the issuance of any building permits, 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 reviewed and approved by the Fire Chief prior to issuance of building permits. 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. A fire hydrant shall be located within 150 feet of all exterior portions of the building. Exhibit A Conditional Use Permit 98°023 Resolution No. 3647 Page 5 (5) 5.2 Fire Access (5) 5.3 (5) 5.4 Prior to issuance of any building permits, the applicant shall obtain approval of the Fire Chief of all fire protection access locations. Obstructions within the fire protection access locations are prohibited. The approval of the Fire Chief is required for any modifications such as speed bumps, control gates or other changes that would affect Fire Authority access. A fire lane with turning radius, apparatus turnaround, signage and widths meeting the requirements of the OCFA shall be provided on the east side of the building or provide access through the new proposed concrete wall on the west side of the building by a gate meeting the requirements of the OCFA. The lockable grill gate on the south side of the building shall be approved by the Fire Chief. Street Plans Prior to the issuance of any building permits, the applicant shall submit and obtain approval of preliminary plans for all streets and courts, public or private, from the Fire chief in consultation with the Manager, Traffic Engineering. The plans shall include the plan view, sectional view, and indicate the width of the street or court measured flow line. All proposed fire apparatus tumarounds shall be approved by the Fire Chief and be clearly marked when a dead-end street exceeds 150 feet or when conditions require it. Both vehicular entrance and exit driveways shall be a minimum of 20 feet wide. Street Markings a) Prior to the issuance of any building permits, the applicant shall submit and obtain approval from the Fire Chief for street improvement plans with fire lanes shown. 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. b) Prior to the issuance of the certificate of use and occupancy, the approved fire lane marking plan shall be installed. The applicant shall develop a fire lane map and provisions which prohibit parking in the fire lanes. A method of enforcement shall be included. Exhibit A Conditional Use Permit 98-023 Resolution No. 3647 Page 6 (5) 5.5 Access Gates (5) 5.6 (5) 5.7 (5) 5.8 SIGNS (4) 6.1 Prior to the issuance of any certificate of occupancy permits, the applicant shall submit and obtain the Fire Chief's approval of the construction details for any access gate. Contact the Orange County Fire Authority Plan Review Section at (714) 744-0403 for a copy of the "Guidelines for Fire Authority Emergency Access". Water Availability Prior to the issuance of any building permits, an Orange County Fire Authority Water Availability Form shall be submitted to and approved by the Plan Review Section of the Orange County Fire Authority. If sufficient water to meet fire flow requirements is not available, an automatic fire extinguishing system shall be installed in each structure, in a manner meeting the approval of the Fire Chief. Architectural Plan Prior to the approval of a site development/use permit, or the issuance of a building permit, whichever occurs first, the applicant shall submit plan 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 Site/Architectural Notes to be placed on the plans. Fire Alarm System Prior to the installation, plans for the fire alm-rn system shall be submitted to and approved by the Fire Chief. This system shall be operational prior to the issuance of a Certificate of Use and Occupancy. . . . Prior to construction and installation of any wail'signs, a complete sign plan shall be submitted which addresses all proposed monument, wall, direction and address signs, subject to the approval of the Community Development Department. The sign plans shall include dimension, materials, colors and method of illumination for each proposed sign. Exhibit A Conditional Use Permit 98-023 Resolution No. 3647 Page 7 FEES .(1) Prior to issuance of any building permits, pa. yment 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. (1) 7.2 b) Orange County Fire Authority plan-check and inspection fees to the Community Development Department based upon the most current schedule. c) New development fees in the amount of $.10 per square foot for the 989 square feet that is being added. d) School facilities fee to the Tustin Unified School District in the amount of $.31 per square foot of new floor area. e) Payment of Sewer Connection Fees in the amount of $2,360 at the time a building permit is issued. Within forty eight (48) hours of approval of the subject project, the'applicant shall deliver to the Community Development Department, a cash/er check payable to the COUNTY CLERK in the amount of $38.00 (~ eight dollars) to enable the City to file the appropriate environmental documentation for the project. If within such forty eight (48) hours 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.