HomeMy WebLinkAboutPC RES 334510
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION NO. 3345
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, APPROVING CONDITIONAL USE
PERMIT 94-029, AUTHORIZING ESTABLISHMENT OF A
DAY CARE CENTER WITH A MAXIMUM ENROLLMENT OF
FORTY-NINE (49) CHILDREN; AND INSTALLATION OF
A SECOND MONUMENT SIGN AND AMENDING CUP 92-027
TO ELIMINATE THE GATE AND WALL ON THE ALLEY 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:
ae
That a proper application (Use Permit No. 94-
029) has been filed on behalf of the Church on
Red Hill to request establishment of a day
care center with a maximum enrollment of
forty-nine (49) children, modification of CUP
92-027 and authorization to install a second
monument sign at 13841 Red Hill Avenue.
B·
That a public hearing was duly called, noticed
and held on said application on March 13, 1995
by the Planning Commission.
Ce
That establishment, maintenance, and operation
of the day care use and amendment to CUP 92-
027 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, evidenced by the following findings:
The proposed use is a conditionally
permitted use within the P & .I (Public
and Institutional) district pursuant to
City Code Section 9245 b (q) and is '
therefore subject to conditions of
approval as attached to ensure
compatibility with surrounding uses.
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Resolution No. 3345
Page 2
De
·
The City Code includes development
standards which have been satisfied by
information on the submitted 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.
That the establishment, maintenance and
operation of the day care use and amendment to
CUP 92-027 applied for will not be injurious
or detrimental to the property and
improvements in the neighborhood of the
subject property; nor to the general welfare
of the City of Tustin, and should be granted
as evidenced in that the existing site is
physically developed to operate such a day
care center and will be compatible with
existing uses on site and consistent with past
uses on the property, evidenced by the'
following findings:
The proposed use is compatible with the
existing church use in that the proposal
will not entail any significant
alterations to the site as the proposed'
use will occupy an existing building and
play yard area.
·
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.
·
The proposal to eliminate the wall and
gate to be located along, the south
property line separating the alley from
the property line proposed as part of CUP
92-027 is not necessary for security of
the site' and will enhance traffic
circulation for the proposed day care
center.
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Resolution No. 3345
Page 3
That establishment, maintenance, and operation
of the second monument sign 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, evidenced by the following
findings:
The minimum amount of street frontage
required by Section 9408B of the Sign
Code for commercial properties to install
a monument sign is 150 linear feet.
Since the subject property has 470 feet
of street frontage, the installation of a
second monument sign on the property,
with approximately 240 feet between the
existing and proposed signs is adequate
separation for monument signs and meets
the intent of the sign code by not
contributing to sign clutter.
·
The installation of a second monument
sign, 32 square feet in size, would have
less- visual impact on the subject
property and immediate vicinity than
providing one larger sign, due to the
separation of approximately 240 feet
between the two monument signs on this
property.
Authorization to install a second
monument sign on this property will not
set a precedent since the property has
unique circumstances in that the street
frontage is approximately 470 linear
feet; there is approximately 240 feet
separating the two signs; both of the
signs are relatively small in size, 32
square feet; and there is a limited
number of monument signs on surrounding
properties on the west side of Red Hill
Avenue, between E1 Camino Real and San
Juan Street.
F·
That the establishment, maintenance and
operation of the second 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.
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Resolution No. 3345
Page 4
Ge
This project has been determined to be
categorically exempt (Class 3) pursuant to
Section 15303 of the California Environmental
Quality Act.
II. The Planning Commission hereby approves Conditional
Use Permit No. 94-029 to authorize establishment of
a day care center with a maximum enrollment of
forty-nine (49) children; and installation of a
second monument sign and modification to CUP 92-027
to eliminate a previously approved gate between the
alley and parking area located at 13841 Red Hill
Avenue.
PASSED AND ADOPTED by the Planning Commission of the City
of Tustin,.at a regular meeting on the 27th day of March,
1995.
BARBARA REYES
Recording Secretary
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. 3345
was duly passed and adopted at a regular meeting of the
Tustin Planning Commission, held on the 27th day of
March, 1995.
Recording Secretary
EXHIBIT A
CONDITIONAL USE PERMIT 94-029
CONDITIONS OF APPROVAL
RESOLUTION NO. 3345
GENERAL
(1) 1.1 The proposed project shall substantially conform with the
submitted plans for the project date stamped March 27,
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.
(1) 1.2 Use Permit approval shall become null and void if the day
care center is not operative within twelve months of the
date on this Exhibit. Time extensions may be granted by
the Planning Commission is a written request is received
by the Community Development Department within thirty
(30) days prior to expiration.
(1) 1.3 The applicants and property owners shall sign and return
an Agreement to Conditions Imposed form prior to the
issuance of any building permits and/or business license.
(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.
SITE AND BUILDING CONDITIONS
(4) 2.1 A note shall be added to the site plan to indicate that
all new slump block walls will be designed and
constructed to match the existing wa'lls.
(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.
(4) 2.3 The open gate facing onto Red Hill Avenue shall be
replaced with a 6 foot 8 inch high solid gate.
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. 3345
Page 2
PLAN SUBMITTAL
(1) 3.1 At building plan check, two sets of construction'plans
shall be submitted and the construction plans shall be in
accordance with applicable Building and Fire Codes and
shall' be inspected by the Community Development
Department during construction and prior to final
(1) 3.2 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) 3.3 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) 3.4 Complete plans for change in occupancy or any remodel
shall be submitted to Building Division.
(1) 3.5 Clearance from the Building Division and Fire Department'
shall be secured prior to establishing the day care
center.
(4) 3.6 The monument sign shall be modified to provide a
slumpstone base to match the existing monument sign, with
final details to be reviewed and approved by the
Community Development Department during plan check.
USE RESTRICTIONS'
*** 4.1 The day care center is restricted to utilizing the six
existing classrooms on the ground floor level of the
existing educational building.
*~* 4.2 The day care center is restricted to hours of operation
between 6:00 a.m. and 6:00 p.m. weekdays.
*** 4.3 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) 4.4 The applicant shall comply with all applicable licensing
requirements of the State Department of Social Services.
Exhibi{ A
Resolution No. 3345
Page 3
FEES
5.1 Payment of all applicable plan check and building permit
fees shall be made to the Community Development
Department.