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HomeMy WebLinkAboutPC RES 3370 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 3370 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 95-006 AND DESIGN REVIEW 95-021, AUTHORIZING ESTABLISHMENT OF A MONTESSORI PRESCHOOL EDUCATION AND DAY CARE FACILITY WITH A MAXIMUM ENROLLMENT OF FORTY EIGHT (48) CHILDREN; AND SIGN CODE EXCEPTION 95-005, AUTHORIZING THE INSTALLATION OF A MONUMENT SIGN AT 1792 SAN JUAN STREET. The Planning Commission does hereby resolve as follows: I® The Planning Commission finds and determines as follows: ae That a proper application for Conditional Use Permit 95-006, Design Review 95-021 and Sign Code Exception 95-005 was filed on behalf of Rick and Honorene Brown to request establishment of a Montessori preschool and day care facility with a maximum enrollment of forty eight (48) children and authorization to install a monument sign at 1792 San Juan Street. That the proposed use is allowed within the R- 4, Suburban Residential Zoning District, with the approval of a Conditional Use Permit. Ce That a public hearing was duly called, noticed and held on said application on July 24, 1995 by the Planning Commission. Do That establishment, maintenance, and operation of the preschool and 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: · The site of the proposed use is physically suitable to accommodate the operation of the proposed use in that City Code Section 922864, under Subsections (a) through (j), includes development standards which have been satisfied by information on the submitted 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 3370 Page 2 development plans which includes minimum building site, minimum lot width, setbacks and parking requirements to ensure such compatibility as well as imposing conditions of approval to mitigate any negative impacts related to noise or traffic. · The proposed use is compatible with the surrounding uses in that the neighborhood of the subject property is characterized by institutional and high-density residential uses: a· The proposed use will be compatible with the adjacent church in that they are both institutional uses, and that the peak hours of operation differ between the two uses. bo The proposed use will be compatible with the two public schools in the vicinity in that they are similar uses, falling within the land use category of educational facilities. Ce The proposed use will be compatible with the adjacent apartment complex in that a 6-foot, 8-inch high block wall separating the two uses will act as a visual and noise buffer. d~ The proposed use will be compatible with the single-family residential tract on the north side of San Juan Street in that the homes are buffered from the proposed use by said street and by a perimeter tract wall. Pursuant to City of Tustin Sign Code Section 9405c, the request for a Sign Code Exception, to allow the installation of an institutional sign in the R-4 zoning district, can be supported 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. 3370 Page 3 .sign size and p~acement restrictioDs o$ the Siqn Code shall be as closely followed as practicable; The Sign Code permits a maximum height of 6 feet and a maximum area 15 square for a multi-family building identification sign in the R-4 zone; the proposed sign is 4 feet high with 12 square feet of sign area. · The intent and purpose of the siqn requlations of the land use zone in which the siqn is to be located shall be followed as closely as practicable; Signs in the residential zones are intended solely to identify the name and address of a residential project; the proposed sign identifies only the name (Montessori School) and address of the subject property. · There are special circumstances unique to the property to ~ustify the exception; The proposed preschool is located in an area containing a high concentration of institutional uses, the church and two public schools, all of which have on-site identity. The only other part of the City with a similar concentration of such uses is along Sycamore Avenue, between Red Hill Avenue and Carfax Drive, but there are no available properties in this area with the proper zoning to establish a preschool. Given the context of the surroundings, similar on-site identity for the subject property would be appropriate. · Grantinq of the exception will not have a neqative impact on surroundinq properties; Given the characteristics of the surrounding properties, a 4-foot monument sign on the subject property would be consistent with the signage of the surrounding properties, and would pose no detriment to those properties. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 3370 Page 4 · The siqn application.promotes the public health, safety, welfare and.aesthetics of the community and that the qrantinq of the exception meets the findings and intent of the Siqn Code; The proposed sign is relatively small and non-obtrusive, and does not obstruct any traffic safety sightlines. The proposed sign is architecturally compatible with the design of the preschool building. The sign provides effective identification, while maintaining and enhancing the quality of the City's appearance by avoiding sign clutter. Fe That the establishment, maintenance and operation of the monument sign applied for will not be injurious or detrimental to the property and improvements in the neighborhood of the subject property; and to the general welfare of the City of Tustin, and should be approved as evidenced by the above findings. Go This project has been determined to be categorically exempt (Class 3) pursuant to Section 15303 of the California Environmental Quality Act. He 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. II. The Planning Commission hereby approves Conditional Use Permit No. 95-006 and Design Review 95-021 to authorize establishment of a preschool education and day care use with a maximum enrollment of forty-eight (48) children; and approves Sign Code Exception 95-005 to authorize the installation of a monument sign at 1792 San Juan Street, subject to the conditions contained in Exhibit A attached hereto. .4 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 3370 Page 5 PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 24th day of July, 1995. Recording Secretary MARJORIE KASALEK Chairperson 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. 3370 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 24th day of July, 1995. Recording Secretary EXHIBIT A CONDITIONAL USE PERMIT 95-006, DESIGN REVIEW 95-021 AND SIGN CODE EXCEPTION 95-005 CONDITIONS OF APPROVAL RESOLUTION NO. 33?0 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped July 24, 1995, 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 plans during plan check if such modifications are to be consistent with the provisions of the Tustin City Code. (1) 1.2 The subject Conditional Use Permit, Design Review and Sign Code Exception approval shall become null and void if the preschool is not operative within eighteen (18) of the date on this Exhibit. Time extensions may be granted if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.3 The applicant and property owner shall sign and return an "Agreement to Conditions Imposed" form as established by the Director of Community Development. (1) 1.4 The applicant shall hold and defend the City of Tustin harmless for all claims and liabilities arising out of the City's approval of the entitlement process for this project. (1) 1.5 Ail overhead utilities exclusively serving the site shall be removed and installed underground. SITE AND BUILDING CONDITIONS (4) 2.1 Pursuant to Tustin City Code Section 922864(i), a six- foot eight-inch high solid wall or fence is required along the rear property line abutting the play area. Please indicate on the site plan how this requirement will be accomplished. mmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmm SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY (2) CEQA MITIGATION REQUIREMENTS (3) UNIFORM BUILDING CODE/S (6) LANDSCAPING GUIDELINES (4) DESIGN REVIEW (7) PC/CC POLICY *** EXCEPTIONS Exhibit A Resolution No. 3370 Page 2 (1) Z.2 A note shall be added to the site plan to indicate that all new courses of block added to existing block walls will either match the existing walls or be of a compatible color and texture to have the appearance of a decorative cap. (1) 2.3 Ail construction operations, including engine warm up, deliveries of materials and equipment, shall be subject to the provisions of the City of Tustin Noise Ordinance as amended, and may take place only during the hours of 7:00 a.m. until 6:00 p.m., Monday through Friday, and 9:00 a.m. to 5:00 p.m. on Saturday, unless the Building official determines that said activity will be in substantial conformance with the Noise Ordinance and the public health and safety will not be impaired, subject to application being made at the time the permit for the work is awarded or during progress of the work. No. Sunday or holiday construction shall be permitted. PLAN SUBMITTAL (1) 3.1 At building plan check, submit three (3) sets of construction and site improvement plans in accordance with applicable Building and Fire Codes. Compliance with approved plans shall be inspected by the Community Development Department during construction and prior to final inspection. (4) 3.2 The building shall comply in all respects with the Building Code, other related codes, City Ordinances, and State and Federal Laws and regulations. (1) 3.3 Day Care is occupancy group E-3, with occupant load factor of 35 square feet per person, a minimum of two exits are required where number of occupants is at least seven persons; light ventilation and sanitation (water closets) shall be provided for UBC Sec. 805. (1) 3.4 The applicant shall be responsible for all federally mandated accessibility requirements as provided for in the ADA relative to access by persons with disabilities. (1) 3.5 The disabled accessible parking space shall be van accessible with a minimum 8-foot wide striped area for a total width of 17 feet. (1) 3.6 Disabled access shall be provided throughout the building. Exhibit A Resolution No. 3370 Page 3 (6) 3.7 Prior to the issuance of any building or grading permits, submit at Plan Check complete detailed landscaping and irrigation plans for all landscape areas proposed on the site consistent with adopted City of Tustin Landscaping and Irrigation Submittal Requirements. Provide summary table applying indexing identification to plant materials in their actual location. The plant table shall list botanical and common names, sizes, spacing, location and quantity of the plant materials proposed. Show planting and berming details, soil preparation, staking, etc. The irrigation plan shall show location and control of backflow prevention devices, pipe size, sprinkler type, spacing and coverage. Details for all equipment must be provided. Show all property lines on the landscaping and irrigation plan, public right-of-way areas, sidewalk widths, parkway areas, and wall locations. The Community Development Department may request minor substitutions of plant materials or request additional sizing'or quantity of materials during Plan Check. Note on landscaping plan that coverage of landscaping and irrigation materials is subject to field inspection at project completion by the Community Development Department. (6) 3.S The submitted landscaping plans at Plan Check shall reflect the following requirements, either incorporated into the design and/or construction or included as notes: a , Turf is un-acceptable for grades over twenty five percent (25%). A combination of planting materials must be used, groundcover on large areas alone is not acceptable. be Shrubs shall be a minimum of five gallon size and shall be spaced a minimum of eight feet on center when intended as screen planting. Ce Groundcover shall be planted between eight to twelve inches on center. do When one gallon plant sizes are used the spacing may vary according to materials used. Se Fences, walls and equipment areas shall be screened with shrubs and/or vines and trees. Exhibit A Resolution No. 3370 Page 4 f · Ail plant materials shall be installed in a healthy, vigorous condition typical to the species and must be maintained in a neat and healthy condition. Maintenance includes, but is not limited to, trimming, mowing, weeding, removal of litter, fertilizing, regular watering, and replacement of diseased or dead plants. g· Buffer driveway and parking areas with landscaping berms when possible. h· Six (6) inch raised concrete curbs shall be placed on-site adjacent to all landscape planting areas. (1) 3.9 An adequate size trash enclosure with solid metal, self- closing, self-latching gates shall be provided. Said enclosure shall be screened by a solid decorative wall and be of a minimum height of six feet. The location of the enclosure and types of screening and details of the enclosure shall be submitted at Building Plan Check and are subject to approval by the Community Development Department. Details shall include gate attachment, architecture, color and materials. The location of bins, sizes and quantities shall be reviewed and accepted by Great Western Reclamation. PUBLIC WORKS DEPARTMENT (1) 4.1 Pursuant to Section 22591 of the Streets and Highways Code, this property will require annexation to the Tustin Landscape and Lighting District. The Engineering Division will require a letter from the property owner stating that this annexation will not be protested. (1) 4.2 Pursuant to Sections 7220 and 7232 of the Tustin City Code and the Americans with Disabilities Act (ADA), a separate 24" x 36" street improvement plan, as prepared by a California Registered Civil Engineer, will be required for all construction within the public right-of- way, which would include, but not be limited to the following: a · co Curb and gutter Construction of a utility clear sidewalk, having the same width as the sidewalk on the adjacent parcels, with tree wells along the frontage of the property. Removal of existing drive aprons Construction of a new 27 foot wide drive apron Any required underground utility connections Exhibit A Resolution No. 3370 Page 5 (4) 4.3 Twenty (20') feet of red curb shall be installed on the west side of the proposed driveway to provide sight distance for ingress and egress at the driveway. FIRE DEPARTMENT (5) 5.1 Prior to the issuance of any building permits, plans for the fire alarm system shall be submitted to and approved by the Fire Chief prior to installation. This system shall be operational prior to the issuance of a Certificate of Use and Occupancy. (5) 5.2 Prior to the issuance of any building permits, plans for the automatic fire sprinkler system shall be submitted to and approved by the Fire Chief prior to installation. This system shall be operational prior to the issuance of a Certificate of Use and Occupancy. (5) 5.3 Water improvement plans shall be submitted to and approved by the Fire Chief to ensure adequate fire protection and financial security is posted for the installation. The water system design, location of valves, and the distribution of the fire hydrants will be evaluated and approved by the Chief. Show all fire hydrants within 300 feet of the structure. (5) 5.4 At Building Plan Check, the following notes shall be provided on the site plan: a . Fire Department Final Inspection is required. Schedule inspection two (2) days in advance. Fire Department telephone number is (714) 832-1011. be Location and classifications of extinguishers to be determined by the fire inspector. Ce Plans of modifications to or new fire protection, detector or alarm system(s) shall be approved by the Fire Department prior to installation. USE RESTRICTIONS *** 6.1 The preschool/day care facility shall have a maximum enrollment of forty eight (48) pre-school age children as defined by the Department of Social Services. (5) 6.2 The applicant shall comply with all applicable licensing requirements of the State Department of Social Services. Exhibit A Resolution No. 3370 Page 6 (1) 6.3 The property owners of the preschool school shall be responsible for the daily maintenance and up-keep of the facility, including but not limited to trash removal, painting, graffiti removal and maintenance of improvements to ensure that the facilities are maintained in a neat and attractive manner. All graffiti shall be removed within 72 hours of a complaint being transmitted by the City to the property owner. Failure to maintain said structures and adjacent facilities will be grounds for City enforcement of its Property Maintenance Ordinance, including nuisance abatement procedures. The applicant is required to coat and protect all wall surfaces with a graffiti resistant finish and/or material. (1) 6.4 After completion of construction activities, the property owners of the preschool shall be responsible for compliance with the exterior 'noise standards for residential properties, as set forth in Tustin City Code Section 4614. Specifically, noise levels generated from the subject property, when measured on any other property, shall not exceed: a · 55 dB(A) for a cumulative period of more than thirty (30) minutes in any hour; or be 60 dB(A) for a cumulative period of more than fifteen (15) minutes in any hour; or Ce 65 dB(A) for a cumulative period of more than five (5) minutes in any hour; or do 70 dB(A) for a cumulative period of more than one (1) minute in any hour; or e. 75 dB(A) for any period of time. Failure to comply with the foregoing standards may result in enforcement by the City, which has deemed any violation of the Noise Ordinance a misdemeanor. *** 6.5 If, after commencement of use, it is found that drop-off or pick-up conflicts exist in conjunction with the Montessori School Use, the property owner shall consult with the Public Works Department and provide assistance in implementing measures to help alleviate any conflicts. Possible measure could include, but not be limited to, staggering the class schedule into three or more sessions. Exhibit A Resolution No. 3370 Page 7 FEES (1) 7.1 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. ae Building plan check and permit fees to the Community Development Department based on the most current schedule. Bo New development fees in the amount of $.10 per square foot of new floor area to the Community Development Department. Note: This fee applies only to the new floor area added to the existing building. C, Major thoroughfare and bridge fees in the amount of $2.84 per square foot of new building area to the Tustin Public Works Department. Note: This fee applies only to the new floor area added to the existing building. De School facilities fee to the Tustin Unified School District subject to any agreement reached and executed between the District and the applicant. (1) 7.2 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 CO~Y CLERK in the amount of $25.00 (twenty-five 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 approval for the project granted herein shall be considered automatically null and void.