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HomeMy WebLinkAboutPC RES 353210 11 12 13 14 15 16 18 19 2O 21 22 23 24 25 26 27 28 RESOLUTION NO. 3532 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 96-034(A) ESTABLISHING A KINDERGARTEN THROUGH EIGHTH GRADE SCHOOL IN AN EXISTING BUILDING AND ADJACENT VACANT LOT LOCATED AT 200 AND 220 EL CAMINO REAL. The Planning Commission of the City of Tustin does hereby resolve as follows: The Planning Commission finds and determines as follows: ao That a proper application for a Conditional Use Permit was filed by Ability Plus School to request establishment of a kindergarten through eighth grade school in an existing building at 220 E1 Camino Real and adjacent vacant lot at 200 E1 Camino Real, more specifically described as Assessor's Parcel No. 401-572-02 and 401-572-01, respectively. B · That the proposed use is allowed within the Central Commercial - Parking Overlay Zoning District, with the approval of a Conditional Use Permit (TCC 9233). C. That a public hearing was duly called, noticed and held on said application on July 14, 1997 by the Planning Commission. D o 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: 10 11 12 13 14 15 16 : 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 3532 Page 2 1) The proposed use will not be detrimental to the surrounding properties in that the school can be accommodated on the subject properties. 2) As conditioned, the use will not negatively affect surrounding property owners, or impact the availability of parking in that standards for the proposed school use will be met and the number of students and staff allowed'at any time will be limited by the total number of parking spaces available. 3) As conditioned, the use is compatible with and may support uses in the surrounding neighborhood. E o 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. Landscaping, parking area design and traffic circulation. Location, height and exterior illumination. standards of 5. Location and method of refuse storage. . Physical relationship of proposed improvements to existing structures in the neighborhood. . Appearance and design relationship of proposed improvements to existing structures and possible future structures in the neighborhood and public thoroughfares. 10 1! 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Resolution No. 3532 Page 3 o Development Guidelines and criteria as adopted by the City Council. F , This project has been determined to be 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 appuoves Conditional Use Permit 96-034(A), to allow establishment of a kindergarten through eighth grade school for gifted and above-average students in an existing building and on an existing vacant lot, located at 200 and 220 'El Camino Real, subject to the Conditions contained in Exhibit A, attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 14th day of July, 1997 LOU BONE Chairman Recording Secretary STATE. OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, BARBARA REYES, the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3532 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 14th day of July, 1997. Recording Secretary 28 EXHIBIT A CONDITIONAL USE PERMIT 96-034(A) CONDITIONS OF APPROVAL RESOLUTION NO. 3532 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date-stamped July 14, 1997, 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 96-034(A) 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 (2) CEQA MITIGATION (3) UNIFORM BUILDING CODE/S (4) DESIGN REVIEW *** .EXCEPTIONS (5) RESPONSIBLE AGENCY REQUIREMENTS (6) LANDSCAPING GUIDELINES (7) PC/CC POLICY Exhibit A Conditional Use Permit 96-034(A) Resolution No. 3532 Page 2 USE RESTRICTIONS (4) 2.1 Based upon the original approvals of this building, a total of twenty-four (24) parking spaces are provided for this building. Fifteen (15) of those spaces are located in the adjacent parking area, with an additional nine (9) spaces having been set aside at the Steven's Square Parking Structure. Eight (8) spaces have also been constructed on the adjacent vacant' lot to provide a dedicated student loading/unloading area. The maximum number of occupants in the school and adjoining retail area shall be limited by the total number of parking spaces allocated to this site based upon the following ratio of simultaneous uses: School: 1 parking space for each staff member, plus 1 loading space for each eight children Retail Area: 1 parking space for every 200-square feet of gross floor area (4) 2.2 A minimum of one space in the parking lot on the vacant lot at 200 E1 Camino Real for every eight students shall be marked as restricted for student loading and unloading only during peak period hours. Said spaces may be used for parking during non-peak periods. If student enrollment is increased, applicant shall request an amendment, subject to review and approval of the Planning Commission. (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. Adjust hours of operation. be Secure off-site parking from adjacent property owners. c. Limit student enrollment. o . Exhibit A Conditional Use Permit 96-034(A) Resolution No. 3532 Page 3 (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 structure and adjacent facilities will be grounds for City enforcement of its Property Maintenance Ordinance, including nuisance abatement procedures. (5) 2.5 Dedication of additional right-of-way at the corner of Second Street and E1 Camino Real in the form of a corner cut off shall be required. The dedication shall be sufficient for future up-grade of the curb ramp to meet ADA (Americans with Disabilities Act) requirements. The property owner shall submit a legal description and sketch prepared by a California registered Civil Engineer or Licensed Land Surveyor along with a copy of the legal vesting on the property, such a deed or title report. (5) 2.6 Prior to the issuance of building permits, the parcels to be used for the school and playground ( Assessors Parcel Nos. 401-572-01 and 401-572-02) shall be held together as one parcel for the purposes of the school use. The applicant shall file a parcel map, reciprocal access agreement, deed restriction or some other legally binding instrument authorized by all property owners of record and the City of Tustin to ensure that joint use of the two lots continues for the duration of the school use. Proof of recordation of any pending sale of the parcels may also be required by the City. FIRE AUTHORITY (C) 3.1 Prior to the issuance of any grading 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". (C) 3.2 Prior to the approval of any use/site permits for site planning, issuance of any grading permits, or building permits, whichever occurs first, the applicant shall submit to the Fire Chief a list of the quantities'of all hazardous, flammable and combustible materials, liquids or gases. These liquids and materials are to be classified according to the "Orange County Fire Authority Chemical Classification Handout". The submittal shall provide a summary sheet listing each hazard class, the total quantity of chemicals stored per class and the total quantity of chemicals used in that class. All forms of materials are to be converted to units of measure in pounds, gallons and cubic feet. Exhibit A Conditional Use Permit 96-034(A) Resolution No. 3532 Page 4 (C) 3.3 A fire sprinkler system may be required. Please submit architectural plans. (C) 3.4 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. (C) 3.5 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. (C) 3.6 The following notes shall be placed on the site and architectural plans for the project: a o b . Water for fire protection purposes and an all weather access road shall be in place prior to any combustible materials being placed on site. A letter of intended use for the structure shall be submitted to and approved by the Fire Chief prior to issuance of a grading or building permit, whichever occurs first. C · A water availability form shall be submitted to and approved by the Fire Chief prior to the issuance of a building permit. d. Plans for on-site water supply systems for fire protection shall be approved by the Fire Chief prior to issuance of a building permit. Sprinkler systems to be placed in structures, that are part of this system, are to be designed to a minimum density of .33 gallons per square foot over a 3,000 square foot. design area. If a high pile stock storage system.is to be'utilized in the structure the system design shall be designed to a minimum density of .495 gallons per square foot over a 2,000' square foot design area. e . Locations and classifications of extinguishers to be determined by the Fire Inspector. f . Storing, dispensing or use of any flammable and combustible liquids, flammable and compressed gases and other hazardous materials shall comply with Uniform Fire Code regulations. Exhibit A Conditional Use Permit 96-034(A) Resolution No. 3532 Page 5 g· Plans of new or modifications to existing fire protection, detection or alarm systems shall be approved by the Fire Authority prior to installation. ho Building(s) not approved for high piled combustible storage. Materials in closely packed piles shall not exceed 15 feet in height, 12 feet on pallets or in racks 'and 6 feet for tires, plastics and some flammable liquids if high stock piling, comply with UFC, Art. 81 and NFPA Std. 231, 231C and 231D. i . Fire Authority final inspection required. Schedule inspection 2 days in advance. Phone (714) 832- 1011. SIGNS (4) 4.1 Prior to construction and installation of any wall signs, complete sign plans shall be submitted which address 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. FEES (1) 5.1 Prior to issuance of any building permits payment shall (5) be made of all required. Payment shall be made based upon the rates in effect at the time of permit issuance and are subject to change. a o Ail applicable building, grading and private improvement plan check and permit fees to the Community Development Department. b o 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. BE: br: 96034. be2