HomeMy WebLinkAboutPC RES 35001 RESOLUTION NO. 3500
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT 96-034 AND DESIGN
REVIEW 96-048, ESTABLISHING A PRE-SCHOOL IN AN
EXISTING BUILDING AND ADJACENT VACANT LOT
LOCATED AT 200 AND 220 EL CAMINO REAL, AND
AUTHORIZING MODIFICATIONS TO THE BUILDING AND
IMPROVEMENTS TO THE VACANT LOT.
The Planning Commission of the City of Tustin does hereby
resolve as follows:
I o
The Planning Commission finds and determines as
follows:
Ao
That proper applications for Conditional Use
Permit 96-034 and Design Review 96-048 were
filed by Edgewood Private School to request
establLshment of a pre-school (nursery school)
in an ~xisting 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, and authorize minor modifica-
tions to the building and improvements to the
vacant lot.
S ·
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 November 12,
1996 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:
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Resolution No. 3500
Page 2
m o
1)
The proposed use will not be detrimental
to the surrounding properties ih that the
pre-school can be accommodated on ..the
subject properties with minor exterior
modifications required.
2)
As conditioned, the use will not
negatively affect surrounding property
owners, or impact the availability of
parking in that standards for the
proposed pre-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.
Pursuant to Section 9272 of the Tustin
Municipal Code, the Commission finds that the
location, size, architectural features and
general appearance of Design Review 96-048
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.
o
·
Setbacks and site planning.
·
Landscaping, parking area design and
traffic circulation.
4. Location, height and standards of
exterior illumination.
5. Location and method of refuse storage.
.
Physical relationship of proposed
improvements to existing structures in
the neighborhood.
o
Appearance and design relationship of
proposed improvements to existing
structures and possible future structures
in the neighborhood and public
thoroughfares.
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Resolution No. 3500
Page 3
·
Development Guidelines and criteria as
adopted by the City Council.
F .
This project has been determined to be
Categorically Exempt (Class 3, new
construction or conversion of small
structures) pursuant to the provisions of
Section 15303 of the California Environmental
Quality Act.
II. The Planning Commission hereby approves Conditional
Use Permit 96-034 and Design Review 96-048, to
establishment of a pre-school in an existing
building and on an existing vacant lot, located at
200 and 220 E1 Camino Real, and authorize minor
modification to the building and improvement to the
vacant lot, subject to the Conditions contained in
Exhibit A, attached hereto.
PASSED AND ADOPTED by the Planning Commission of the City
of Tust~n, at a regular meeting on,_~the 12th day of
November, 1996. --~./~/Q~~
LOU BONE
Chairman
Recor~mng 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. 3500
was duly passed and adopted at a regular meeting of the
Tustin Planning Commission, held on the 12th day of
November, 1996.
BARB~. REYES ~
Recording Secretary
EXHIBIT A
CONDITIONAL USE PERMIT 96-034 AND DESIGN REVIEW 96-048
CONDITIONS OF APPROVAL
RESOLUTION NO. 3500
GENERAL
(1) 1.1 The proposed project shall substantially conform with the
submitted plans for the project date-stamped November 12,
1996, 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 and substantial construction
is underway. 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 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 and defend the City of Tustin
harmless for all claims and liabilities arising out of
City's approval of the entitlement process for 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
Conditions of Approval
Resolution No. 3500
Page 2
USE RESTRICTIONS
(4) 2.1 In accordance with Tustin City Code Section 9233 c(m)
related to nursery schools, the outdoor play area shall
be screened from surrounding properties by a 6'- 8" high
solid wall or decorative fence.
Plans for a 6'- 8" high solid wall or decorative fence
shall be submitted to the Community Development
Department for review and approval at plan check.
(4) 2.2 Based upon the original approvals of this building, a
total of 26 parking spaces are provided for this
building. Fifteen (15) of those spaces are located in
the adjacent parking area.
The maximum number of occupants in the pre-school and
adjoiniqg retail area shall be limited by the total
number of parking spaces allocated to this site based
upon the following ratio of simultaneous uses:
Pre-School:
1 parking space for each staff member,
plus 1 loading space for each eight
children
Retail Area:
1 Darking space for every 200-square feet
of gross floor area
(4) 2.3 A minimum of one space in the parking lot adjacent to the
site 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, additional spaces shall be required in
accordance with the Tustin City Code.
Prior to the issuance of building permits, a detailed
drawing of the parking area indicating the location of
all parking/loading spaces allocated to the project site
shall be submitted to the Community Development
Department for review and approval.
(4) 2.4. 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 pre-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
Exhibit A
Conditions of Approval
Resolution No. 3500
Page 3
..
Commission. Said mitigation may include, but are not
limited to, the following:
a. Adjust hours of operation.
b ,
Secure off-site parking from adjacent property
owners.
c. Limit student enrollment.
(4) 2.5 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.
2.6 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) 2.7 Prior to the issuance of building permits, the parcels to
be used for the pre-school and playground ( Assessors
Parcel Nos. 401-572-01 and 401-572-02) shall be held
together as one parcel.for the purposed of the pre-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 pre-school
use. Proof of recordation of any pending sale of the
parcels may also be required by the City~
PLAN SUBMITTAL
(1) 3.1 Indicate on plans the applicable codes, City Ordinances
and the state and federal laws and regulations to
include:
1994 Uniform Building Code with California Amendments
1994 Uniform Mechanical Code with California Amendments
1994 Uniform Plumbing Code with California Amendments
1993 National Electrical Code with California Amendments
T-24 California Disabled Access Regulations
T-24 California Energy Efficiency Standards
City of Tustin Grading Ordinance
City of Tustin Landscape and Irrigation Guidelines
Exhibit A
Conditions of Approval
Resolution No. 3500
Page 4
City of Tustin Private Improvement Standards
City of Tustin Security Ordinance
(1) 3.2 Provide project data that includes floor areas, occupancy
group classification (E-3), type of construction (VN) and
whether fire sprinklered or not.
(5) 3.3 Indicate on plans location of occupancy separation walls.
Day care areas (E-3) shall be separated from retail and
business occupancies by a one hour fire rated assembly.
(5) 3.4 Indicate location of the property lines and the distances
from the buildings to the property lines. Walls within 5
ft.of property lines shall be 2 hour fire rated and
openings are not allowed; Walls within 10 ft. of property
lines shall be 1 hour fire rated with protected openings.
(5) 3.5 Provide a note on plans that the interior spaces,
sanitary~facilities, drinking fountain, exits, paths of
travel throughout the site, including pedestrian
gates,sidewalks and parking shall be accessible to
persons with disabilities.
(5) 3.6 Ail buildings housing group E occupancies shall front
directly on or have access to a public street. The access
shall be a minimum 20 ft. wide right of way. (UBC 305.3)
FIRE AUTHORITY
(C) 4.1 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) 4.2 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.
(C) 4.3 A fire sprinkler system may be required. Please submit
architectural plans.
Exhibit A
Conditions of Approval
Resolution No. 3500
Page 5
..
(C) 4.4 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) 4.5 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) 4.6 The foll6wing notes shall be placed on the site and
architectural plans for the project:
a .
Water for fire protection purposes and an all
weather access road shall be in place prior to any
combustible materials being placed on site.
b ,
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 3000
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 2000
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.
g.
Plans of new or modifications to existing fire
protection, detection or alarm systems shall be
Exhibit A
Conditions of Approval
Resolution No. 3500
Page 6
approved by the Fire
installation.
..
Authority prior to
h ,
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) 5.1 Prior to construction and installation of any wall signs,
complete sign plans shall be submitted which address all
propdsed, 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) 6.1 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 .
Ail applicable building, grading and private
improvement plan check and permit fees to the
Community Development Department.
b ,
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.
PR:br:3500