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HomeMy WebLinkAboutPC RES 3559RESOLUTION NO. 3559 10 1! 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN APPROVING CONDITIONAL USE PERMIT 97-017, AUTHORIZING THE ESTABLISHMENT OF A DAY CARE FACILITY WITH A MAXIMUM ENROLLMENT OF FORTY NINE (49) CHILDREN; AND DENYING THE SECOND WALL MOUNTED SIGN AT THE SOUTH PROPERTY LINE AT 13841 RED HILL AVENUE. The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows:. Ao That a proper application (Conditional Use Permit No. 97- 017) has been filed on behalf of The Main Place Christian Fellowship to request establishment of a day care center with a maximum enrollment of forty-nine (49) children and authorization to install a second wall mounted sign at 13841 Red Hill Avenue, more specifically described as Assessor's Parcel No. 500-141-10. B o That a public hearing was duly called, noticed and held on said application on November 10, 1997 by the Planning Commission. C o That the proposed day care use and additional sign is allowed within the Public and Institutional District with the approval of a Conditional Use Permit (Tustin City Code Section 9245 (b) and Tustin Sign Code Section 9411). m o This project is Categorically Exempt (Class 1, existing facilities) pursuant to the provisions of Section 15301 of the California Environmental Quality Act. That the establishment, maintenance and operation of the day care use 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 day care use will not have a negative affect on surrounding property or impact the availability of off-street parking in that the parking demand generated by the proposed use is satisfied by the parking provided on site. 2) The proposed use is compatible with the existing church use in that the proposal will not entail any significant alternations to the site as the proposed use will occupy an existing building and play yard area. Resolution No. 3559 Page 2 3) The proposed use is compatible with the.surrounding .uses in that the Public and Institutional zoning district as designated for the subject property will continue to act as a buffer or transition between commercial development to the south and the residential properties to the north, furthering the protection of these neighborhoods from detriment as a result of significantly different land use designations. 4) As conditioned, the installation of a solid fence 6'- 8" in height around the perimeter of the play yard is necessary and would improve screening and security for the day care use from adjacent commercial and school uses. F o That the establishment, maintenance, and operation of the second wall mounted sign applied for will, 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, evidenced by the following findings: 1) The Sign Code permits an individual business within the Commercial District to have one primary sign (75 sq.ft, max.) and two secondary signs (25 sq.ft. max.). The second wall sign exceeds the allowable area for secondary signs. 2) The second wall mounted sign contains the phone number of the church contrary to the requirements of the Tustin Sign Code Section 9402. 3) The Sign Code encourages the coordination of signs by using a similar design. The proposed wall mounted sign would create sign clutter by having two (2) wall mounted signs of different design, material and treatment for the same use with only a few feet of separation. 4) Approval of the sign would set precedent for other churches within the City, many of whom share their facilities with other churches. This would result in proliferation of signage which would be detrimental to the City. 5) The additional sign identifies the name of the church, which is currently provided on the channel letter sign and the monument sign. II. The Planning Commission hereby approves Conditional Use Permit 97-017, to authorize the establishment of a day care center with a maximum enrollment of forty-nine (49) children, and denies the installation of a second wall mounted sign located at 13841 Red Hill Avenue. 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Resolution No. 3559 Page 3 PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 10th day of November, 1997. Chairman ELIZ.~zBETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 3559 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 10th day of November, 1997. Planning Commission Secretary EXHIBIT A CONDITIONAL USE PERMIT 97-017 CONDITIONS OF APPROVAL RESOLUTION NO. 3559 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped November 10, 1997 on file with the Community Development Department, as herein modified, or as modified by the Community Development Director in accordance with this Exhibit. The Director may also 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, 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 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 No. 97-017 is contingent upon the applicant and property owner signing and returning an "Agreement to Conditions Imposed" form as established by the Community Development Department. (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 REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW **** EXCEPTION Exhibit A Resolution No. 3559 Page 2 SITE AND BUILDING CONDITIONS (4) 2.1 The outdoor play area shall be screened from surrounding properties by a minimum 6'- 8" high fence. A revised site plan shall be submitted indicating the location, height and material of the required wall enclosing the outdoor play area at the southern and western side of the building. The new wall shall be constructed to match the existing block wall in height, color and material. Installation of the new wall requires a building permit from the Building Division of the Community Development Department. (1) 2.2 The building shall comply in all respects with the Building Code, other related codes, City Ordinances, and state and federal laws and regulations. PLAN SUBMITTAL (1) 3.1 At building plan check, two sets of construction D!ans -- shall be submitted for a building permit. (5) 3.2 Fire Safety Site Plan - Prior to approval of a site development/use permit, or the issuance of a building permit, whichever occurs first, 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 Site/Architectural notes to be placed on the plans. (5) 3.3 Fire Alarm System - Prior to installation, plans for the fire alarm 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. SIGNS (5) 4.1 Ail signs on the subject property not authorized by the Tustin City Code shall be removed within three (3) days. (5) 4.2 Ail existing signs shall be structurally safe, and maintained in good condition and shall comply with the most current Uniform Building Codes, as locally amended. Exhibit A Resolution No. 3559 Page 3 USE RESTRICTIONS *** 5.1 The day care center is restricted to utilizing the six existing classrooms on the ground floor level of the existing educational building. *** 5.2 The day care center is restricted to hours of operation between 6:00 a.am. and 6:00 p.m. weekdays. *** 5.3 The day care center shall have a maximum enrollment of forty nine (49) pre-school age children as defined by the Department of Social Services. (5) 5.4 The applicant shall comply with all applicable licensing requirements of the State Department of Social Services. FEES (1) 6.1 Prior to issuance of any building permits, payment shall (5) 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. ao Building plan check and permit fees to the Community Development Department based on the most current schedule. B o 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 (5) 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.