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HomeMy WebLinkAboutPC RES 2888 ] 3 4 5 6 1 8 9 10 11 13 14 15 16 17 18 i9 20 21 22~ 23' 25 2¢ 27 28 '.. RESOLUTION NO. 2888 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 91-04 AND DESIGN REVIEW 91-06 AUTHORIZING THE ESTABLISHMENT OF A PRE-SCHOOL FOR THE CARE OF 59 CHILDREN AND CERTAIN SITE IMPROVEMENTS AT THE PROPERTY LOCATED AT 305 EAST MAIN STREET The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: ae That a proper application, Conditional Use Permit 91-04 and Design Review 91-06 has been filed on behalf of Cathy Klein to establish a pre-school for the care of 59 children and certain site improvements at the property located at 305 East Main Street. Be That a public hearing was duly called, noticed and held on said application on March 25, 1991. Ce That 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, evidenced by the following findings: · The site can accommodate the use including required parking and play yard area as mandated by the State for such facilities. · The type of use functions as a buffer or transitional zone for the residential properties on the north from the commercial properties on the south and west and provides a valuable community service. · The hours of operation are complimentary to the surrounding properties. · The improvements overall to the site upgrade vacant lots, thereby eliminating unsightly conditions as a result of illegal dumping and overgrown weeds most often associated with vacant lots. In addition, the proposed improvements will include security lighting, screened from adjacent properties with 6 7 8 9 10 11 12 13 14 15 16 17 18 i9 20 21 o2 23 9.4 25 26 9.7 28 Resolution No. 2888 Page 2 D· required shields, in the parking lot area which increases safety and surveillance visibility. That the establishment, maintenance, and operation of the use 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, as stated above. Pursuant to Section 9272 of the Tustin Municipal Code, the Commission finds that the location, size, architectural features and general appearance of the proposed development will not impair the orderly and harmonious development of the area, the present or future development therein, 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. 3. Exterior materials and colors. 4. Type and pitch of roofs. . Size and spacing of windows, doors and other openings. · Towers, chimneys, roof structures, flagpoles, radio and television antennae. Landscaping, parking area design and traffic circu!asion. Location, height and standards of exterior illumination. Location and appearance of equipment located outside of an enclosed structure' 10. Location and method of refuse storage. 11. Physical relationship of proposed structures to existing structures in the neighborhood. 1 3 4 5 6 7 8 9 10 11 13 14 15 16 17 18 i9 ~0 ~4 25 26 27 28 Resolution No. 2888 Page 3 12. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. 13. Proposed signing. 14. Development Guidelines and criteria as adopted by the City Council. Fe This project has been determined to be Categorically Exempt (Class 3) pursuant to the provisions of Section 15303 of the California Environmental Quality Act. II. The Planning Commission hereby approves Conditional Use Permit No. 91-04 and Design Review 91-06 to authorize the establishment of a pre-school for the care of 59 children and certain site improvements at the property located at 305 East Main Street, subject to the conditions attached in Exhibit A. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 25th day of March, 1991. Chairman Recording Secretar]~' 6 8 9 10 11 12 13 14 15 16 17 18 i9 20 21 aaa,,. 23 24 25 26 27 28 Resolution No. 2888 Page 4 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, KATHLEEN CLANCY, the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 2888 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 25th day of March, 1991. KATHLE~N c~CY- Recording Secretary EXHIBIT A CUP 91-04 AND DR 91-06 CONDITIONS OF APPROVAL RESOLUTION NO. 2888 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped March 25, 1991, on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development Department in accordance with this Exhibit. (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 This Conditional Use Permit approval shall become null and void unless all permits are issued for the proposed improvements within eighteen (18) months of the date of final Redevelopment Agency approval of the design of said project and substantial construction is underway. (1) 1.4 Approval of Conditional Use Permit 91-04 and Design Review 91-06 is contingent upon the applicant signing and returning an "Agreement to Conditions Imposed" form as established by the Director of Community Development. (1) 1.5 The approval of Design Review 91-06 is contingent upon ultimate approval by the Tustin Community Redevelopment Agency. The .Planning Commission's Design Review approval shall become null and void should the Redevelopment Agency not approve the subject prcject. 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 CUP 91-04 and DR 91-06 Conditions of Approval Resolution No. 2888 Page 2 (1) 1.6 The site shall be kept properly maintained at all times in accordance with all applicable State and City Codes. PLAN SUBMITTAL 2.1 At building plan check submittal, the following submittals are required: (3) A. (2) B. (3) (1) (2) (6) Construction plans, structural calculations, and Title 24 energy calculations. Requirements of the Uniform Building Codes, State Handicap and Energy Requirements shall be complied with as approved by the Building Official. Final grading and specifications consistent with the site plan and prepared by a registered Civil Engineer for approval by the Community Development Department based on the Orange County Surveyor's Bench Mark Datum. Ce Information, plans and/or specifications to ensure satisfaction of all Public Works Department requirements including but not limited to: · The construction or replacement of all missing or damaged public improvements adjacent to this development will be required, which would include but not be limited to the following: a) curb and gutter b) sidewalk c) drive aprons d) street light e) street trees Ail construction within the public right- of-way must be shown on a separate 24"x36" street improvement plan with all construction items referenced to the applicable City standard drawing number. Exhibit A CUP 91-04 and DR 91-06 Conditions of Approval Resolution No. 2888 Page 3 This must be completed prior to any Engineering Division approvals. · Dedication of an additional 10 feet of street right-of-way along the Main Street frontage with the appropriate corner cut off will be required. This should be in the form of an irrevocable offer of dedication at this time. The Engineering Division will need a legal description and sketch of this right-of-way dedication along with a copy of the latest vesting on the property. These plans will need to be revised to show the correct location of the corner cut-off. This must be completed prior to any engineering division approvals or issuance of building permit. · This development is constructed on three separate parcels, which should be consolidated into one. A covenant and agreement to hold the parcels as one is required to be recorded prior to the issuance of building permits. · The existing drive apron on Main Street will need to be removed and new curb and gutter and sidewalk will need to be constructed in its place, along with construction of a small portion of missing sidewalk. Refer to item no. 1 above. · A minimum of three treewells will need to be provided along the Main Street frontage. These should be spaced a minimum of 35 feet on center in lieu of the 30 feet shown on the site plan. Refer to item no. 1 above. · The City intends on removing the on- street parking along the Main Street frontage of this subject property. (2) D. Information to ensure compliance with all Exhibit A CUP 91-04 and DR 91-06 Conditions of Approval Resolution No. 2888 Page 4 (6) requirements of the Orange County Fire Chief including required fireflow and installation, where required, of fire hydrants subject to approval of the Fire Department, City of Tustin Public Works Department and compliance with all requirements pertaining to construction as follows: i · A fire alarm system will be required pursuant to Section 809 of the Uniform Building Code. · Panic hardware will be required on required exit doors. · Exit doors will be required to swing in direction of exit travel. SITE AND BUILDING CONDITIONS (4) 3.1 The site plan shall be modified as follows: *** A. The location of the southerly perimeter fencing,where it traverses the property from the east property line west to the sidewalk located on the east side of the existing building,shall be relocated north an additional 10 feet unless condition of approval 3.1.B, herein, is satisfied. *** B. The southerly perimeter fence may be located in its proposed location subject to the applicant and property owner executing an agreement with the City, subject to approval of the Director of Community Development Department and City Attorney, stating that the fence will be relocated, at no expense to the City, 10 feet northerly of the ultimatD right- of-way; should the Irrevocable Offer to Dedicate Right-Of-Way on Main Street be executed. Said agreement shall be recorded against the property prior to the issuance of building permits. Exhibit A CUP 91-04 and DR 91-06 Conditions of Approval Resolution No. 2888 Page 5 (1) 3.2 Ail exterior colors to be used shall be subject to (4) review and approval of the Director of Community Development Department. All exterior treatments must be coordinated with regard to color, materials and detailing and noted on submitted construction plans and elevations shall indicate all colors and materials to be used. (1) 3.3 Note on final plans that a six foot high chain linked fence shall be installed around the site prior to building construction stages. Gated entrances shall be permitted along the perimeter of the site for construction vehicles. (1) 3.4 Ail mechanical and electrical fixtures and equipment (4) shall be adequately and decoratively screened. The screen shall be considered as an element of the overall design of the project and shall blend with the architectural design of buildings. (1) 3.5 Exterior elevations of the building(s) shall (4) indicate any fixtures or equipment to be located on the roof of the building, equipment heights and type of screening. All parapets shall be at least six inches above rooftop equipment for purposes of screening. (1) 3.6 Adequate size trash enclosures with solid metal, (4) self-closing, self-latching gates shall be provided. Said enclosure(s) shall be screened by a decorative wall of a minimum height of six feet and if required, a dense type of landscaping. The actual location of said enclosures and types of screening shall be subject tc approval by the Director of Community Development. LANDSCAPING, GROUNDS AND HARDSCAPE ELEMENTS (7) 4.1 Submit at plan check complete detailed landscaping and irrigation plans for all landscaping areas 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 plan and table must list botanical and common names, sizes, spacing, actual location and quantity of the Exhibit A CUP 91-04 and DR 91-06 Conditions of Approval Resolution No. 2888 Page 6 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 Department of Community Development may request minor substitutions of plant materials or request additional sizing or quantity materials during plan check. Note on landscaping plan that coverage of landscaping irrigation materials is subject to field inspection at project completion by the Department of Community Development. (7) 4.2 The submitted landscaping plans at plan check must reflect the following requirements: ae Turf is unacceptable for grades over 25%. A combination of planting materials must be used, ground cover on large areas alone is not acceptable. BL Provide a minimum of one 15 gallon size tree for every 30 feet of property line on the property perimeter and five 5 gallons shrubs. CL Provide one 15 gallon tree for each 5 parking spaces within an open parking area. D . Shrubs shall be a minimum of 5 gallon size and shall be spaced a minimum of 8 feet on center when intended as screen planning. Ground cover shall be planted between 8 to 12 inches on center. FL When 1 gallon plant sizes are used the spacing may vary according to materials used. G L Up along fences and/or walls and equipment areas, provide landscaping screening with shrubs and/or vines and trees on plan check drawings. Exhibit A CUP 91-04 and DR 91-06 Conditions of Approval Resolution No. 2888 Page 7 H . Ail plant materials shall be installed in a healthy vigorous condition typical to the species and landscaping must be maintained in a neat and healthy condition, this will include but not be limited to trimming, mowing, weeding, removal of litter, fertilizing, regular watering, or replacement of diseased or dead plants. I · Buffer driveway and parking areas with a 30" high minimum landscaping berm. Je Earth mounding is essential and must be provided to applicable heights whenever it is possible in conjunction with the submitted landscaping plan. Earth mounding should be particularly provided along the southerly perimeter fencing at the Main Street frontage. Ke A thickly planted landscape shall be installed along the edge of the project. Use natural landscaping and other architectural detailing and use of materials to border structured parking areas and soften their visual appearance. L· Landscape adjacent to the right-of-way shall be coordinated with parkway landscaping. Perimeter wall(s) should be treated with vines in order to minimize large expanses of wall(s) by adding greenery and color. Vines should be informally grouped with training devices installed. (7) 4.3 The use of decorative paving techniques such as stamped and colored concrete is encouraged. Decorative paving shall also be used around landscaped areas to provide a more aesthetic appearance. (1) 4.4 A complete, detailed project sign program including (7) design, location, sizes, colors, and materials shall be submitted for review and approval by the Department of Community Development. The sign program shall include project Exhibit A CUP 91-04 and DR 91-06 Conditions of Approval Resolution No. 2888 Page 8 identification, addressing and directional signs to direct autos to proper access, parking and loading. (1) 4.5 Indicate lighting scheme for project, note locations (7) of all exterior lights and types of fixtures, lights to be installed on building shall be a decorative design. No lights shall be permitted which may create any glare or have a negative impact on adjoining properties. The location and types of lighting shall be subject to the approval of the Director of Community Development. OPERATIONS 5.1 Authorization for operation of the day care facility shall be for the hours between 7:00 a.m. and 6:00 p.m. weekdays for the care of a maximum of 59 children. FEES (1) 6.1 Prior to the issuance of any building permits, payment shall be made of all applicable fees including, but not limited to: Am Major thoroughfare and bridge fees to Tustin Public Works Department where applicable. Bo Orange County Sanitation District No. 7 fees to the Sanitation District where applicable. Ce East Orange County Water District Fees to the Water District where applicable. De All applicable plan check and building permit fees to the Community Development Department. School Facilities Fees to the Tustin Unified School District.