HomeMy WebLinkAboutPC RES 28211
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RESOLUTION NO. 2821
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, APPROVING CONDITIONAL USE
PERMIT 90-18, AUTHORIZING ESTABLISHMENT OF A
DAY CARE CENTER WITH A MAXIMUM ENROLLMENT OF
FORTY EIGHT (48) CHILDREN AT 1201 S. E. IRVINE
BOULEVARD.
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. 90-
18) has been filed on behalf of Aldersgate
Methodist Church to request establishment of a
day care center with a maximum enrollment of
forty-eight (48) children at 1201 S. E. Irvine
Boulevard.
B·
That a public hearing was duly called, noticed
and held on said application on August 27,
1990.
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 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.
·
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.
De
That the establishment, maintenance and
operation of the use applied for will not be
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Resolution No. 2821
Page 2
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.
E®
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. 90-18 to authorize establishment of
a day care center with a maximum enrollment of
forty-eight (48) children at 1201 S. E. Irvine
EXHIBIT A
CONDITIONAL USE PERMIT 90-18 (ALDERSGATE METHODIST CHURCH)
CONDITIONS OF APPROVAL
RESOLUTION NO. 2821
GENERAL
(1)
1.1 The proposed project shall substantially conform with the
submitted plans for the project date stamped August 27,
1990 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 if a written request is received
by the Community Development Department within thirty
(30) days prior to expiration.
1.3 The applicant and property owner shall sign and return an
Agreement to Conditions Imposed form prior to the
issuance of any building permits and/or business license.
SITE AND BUILDING CONDITIONS
*** 2.1 The site plan shall be modified by removing the existing
perimeter chain link fence at the westerly portion of the
play yard and shall be required to be replaced with a 6'
8" high slump block wall to sufficiently screen play yard
areas and to mitigate noise impacts.
(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.
PLAN SUBMITTAL
(].)
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.
SOURCE CODES
(1) STANDARD CONDITION ( 5 )
(2) CEQA MITIGATION ( 6 )
(3) UNIFORM BUILDING CODE/S (7)
(4) DESIGN REVIEW
*** EXCEPTION
RESPONSIBLE AGENCY REQUIREMENT
LANDSCAPING GUIDELINES
PC/CC POLICY
Exhibit A
Resolution No. 2821
Page 2
USE RESTRICTIONS
*** 4.1 The day care center is restricted to utilizing the five
existing classrooms on the ground floor level of the
existing educational building.
*** 4.Z The day care center is restricted to hours of operation
between 7:00 a.m. and 6:00 p.m. weekdays.
*** 4.3 The day care center shall have a maximum enrollment of
forty-eight (48) pre-school age children as defined by
the Department of Social Services.
FEES
(1) 5.1 Payment of all applicable plan check and building permit
fees shall be made to the Community Development
Department.
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Resolution No. 2821
Page 3
Boulevard subject to the conditions contained in
Exhibit A attached hereto.
PASSED AND ADOPTED at a regular meeting of the Tustin
Planning Commission, held on the 27th day of August,
1990.
K~THLEEN FITZP~RICK
Secretary
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, KATHLEEN FITZPATRICK, the undersigned, hereby certify that I am
the Recording Secretary of the Planning Commission of the City of
Tustin, California; that Resolution No. ~~/ was duly passed
ar meeting of the Tustin Planning Commission
and adopted at a regul ,
held on the ~~ day of ~_~~ , 1990 .
ITZ PATR~/~K
Recording Secretary