Loading...
HomeMy WebLinkAboutPC RES 4292A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING THAT THE TUSTIN CITY COUNCIL APPROVE CONDITIONAL USE PERMIT 2015-17 ALLOWING THE ESTABLISHMENT OF A PRESCHOOUCHILDCARE USE WITHIN A 8,000 SQUARE - FOOT COMMERCIAL BUILDING, LOCATED AT 15140 KENSINGTON PARK DRIVE (BUILDING A) IN ASSOCIATION WITH THE VILLAGE AT TUSTIN LEGACY DEVELOPMENT. The Planning Commission of the City of Tustin does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That proper application has been submitted by 1C Tustin Legacy LLC (Regency Centers) for the development of a 248,292 square foot commercial center on approximately 22.7 -acre site currently owned by the City of Tustin within Planning Area 7 of the MCAS Tustin Specific plan. B. That the development application includes a request to establish a preschool and daycare use within an 8,000 square -foot commercial building located on Parcel 9, with a future address of 15140 Kensington Park Drive. C. That the site is zoned as MCAS Tustin Specific Plan (SP -1) within Planning Area 7 of Neighborhood B; and designated as MCAS Tustin Specific Plan by the Tustin General Plan. In addition, 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. D. Pursuant to MCAS Tustin Specific Plan Section 3.4.4A.4, a child care center is conditionally permitted use within the MCAS Tustin Specific Plan Planning Area 7. E. That a public hearing was duly called, noticed, and held on said application on August 25, 2015, by the Planning Commission. F. That the proposed use is consistent with the Tustin General Plan Land Use Element including the following City goals and policies for the long- term growth, development, and revitalization of Tustin, including the MCAS Tustin Specific Plan area: 1. Achieve balanced development. 2. Ensure that compatible and complementary development occurs. 3. Promote economic expansion and diversification. Resolution No. 4292 Page 2 4. Implement a reuse plan for MCAS Tustin which maximizes the appeal of the site as a mixed-use, master -planned development. G. That the establishment, maintenance, and operation of the proposed 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; 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 thereof, or the community as a whole of the City of Tustin in that: The proposed use is conditionally permitted within MCAS Tustin Specific Plan Planning Area 7, pursuant to MCAS Tustin Specific Plan Section 3.4.4A.4. 2. The proposed use is appropriate under the General Plan Land Use Element Community Commercial designation in that a day care center is a service-oriented business that would provide a benefit to working parents in the community and a safe and caring environment for children. 3. That the proposed hours of operation are consistent with other similar uses and surrounding businesses. 4. The implementation/application of the proposed conditions would ensure compatibility of the proposed use with the surrounding uses, the MCAS Tustin Specific Plan and the Tustin City Code. H. On January 16, 2001, the City of Tustin certified the Program Final Environmental Impact Statement/Environ mental Impact Report (FEIS/EIR) for the reuse and disposal of MCAS Tustin. On December 6, 2004, the City Council adopted Resolution No. 04-76 approving a Supplement to the FEIS/EIR for the extension of Tustin Ranch Road between Walnut Avenue and the future alignment of Valencia North Loop Road. On April 3, 2006, the City Council adopted Resolution No. 06-43 approving an Addendum to the FEIS/EIR. And, on May, 13, 2013, the City Council adopted Resolution No. 13-32 approving a second Addendum to the FEIS/EIR. The FEIS/EIR along with its Addenda and Supplement is a program EIR under the California Environmental Quality Act (CEQA). The FEIS/EIR, Addenda and Supplement considered the potential environmental impacts associated with development on the former Marine Corps Air Station, Tustin Resolution No. 4292 Page 3 An Environmental Checklist has been prepared and concluded that the project does not result in any new significant environmental impacts or a substantial increase in the severity of any previously identified significant impacts in the FEIS/EIR. Moreover, no new information of substantial importance has surfaced since certification of the FEIS/EIR. 11. The Planning Commission hereby recommends that the City Council approve Conditional Use Permit 2015-17 approving the establishment of a commercial drive-thru use subject to the conditions attached hereto as Exhibit A. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 25th day of August, 2015. JTMPS Chairperson 7 LIZABETH A. BINSACK LIr Ianning Commission Secretary STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN 1, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4292 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 25th day of August, 2015. ELIZABETH A. BINSACK Planning Commission Secretary 1towaiji, Kozak, Lumbard, Smith, Thompson (5) GENERAL EXHIBIT A RESOLUTION NO. 4292 CONDITIONAL USE PERMIT 2015-17 PRESCHOOL / CHILDCARE BUILDING A, PARCEL 9 15140 KENSINGTON PARK DRIVE CONDITIONS OF APPROVAL The proposed project shall substantially conform with the submitted plans for the project date stamped _, 2015, on file with the Community Development Department, 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 subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code. (1) 1.2 The subject project approval shall become null and void unless permits for the proposed project are issued and substantial construction is underway within one (1) years of the date of this Exhibit unless a longer period is authorized by Development Agreement 2015-01. Time extensions may be considered if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.3 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified, subject to review and approval by the Community Development Department. (1) 1.4 Approval of CUP 2015-17 is contingent upon the applicant signing and returning to the Community Development Department a notarized "Agreement to Conditions Imposed' form and the property owner signing and recording with the County Clerk -Recorder a notarized "Notice of Discretionary Permit Approval and Conditions of Approval" form. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) BUILDING CODE (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Exhibit A Resolution No. 4292 Page 2 (1) 1.5 Any violation of any of the conditions imposed is subject to issuance of an administrative citation pursuant to TCC 1162(a). (1) 1.6 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. (1) 1.7 As a condition of approval of CUP 2015-17, the applicant shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision-making body, including staff, concerning this project. The City agrees to promptly notify the applicant of any such claim or action filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in defense of any such action under this condition. (1) 1.8 CUP 2015-17 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. The Community Development Director shall review the use to ascertain compliance with conditions of approval. If the use is not operated in accordance with CUP 2015-17, or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the Community Development Director shall impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the Conditional Use Permit. 1.9 Building design and site layout shall comply with the requirements of Resolution No. 4285. Any modification to the building design or site layout shall be reviewed and approved by the Community Development Director. USE RESTRICTIONS 2.1 The preschool and childcare facility shall have a maximum enrollment of 146 children, including infants, and maximum of seventeen (17) staff members. Exhibit A Resolution No. 4292 Page 3 2.2 The applicant shall develop and maintain a student drop-off / pick-up policy, which shall be provided to parents prior to starting services. Prior to project final, the applicant shall submit the drop-off / pick-up policy to the Community Development Department for review and approval. 2.3 The property owner and/or preschool operator shall comply with the interior and exterior noise standards, as set forth in Tustin City Code Section 4614. (1) 2.4 No amplified sound devices are permitted outside of the building. (1) 2.5 The applicant shall obtain a license from the State of California Community Care Licensing Division and provide a copy to the City prior to commencement of daycare use. (1) 2.6 If in the future the City's Community Development Director, Police Chief, and/or Public Works Department determine that a parking, traffic, or noise problem exists on the site or in the vicinity as a result of the facility, the Community Development Director, Police Chief, and/or Public Works Department may require that the applicant prepare a parking demand analysis, traffic or queuing study, or noise analysis and the applicant shall bear all associated costs. 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 Community Development Department, Police Chief, and/or Public Works Department. FEES (1) 3.1 Within forty-eight (48) hours of final approval of the project, the applicant shall deliver to the Community Development Department, a CASHIER'S CHECK payable to the County Clerk in the amount of fifty dollars ($50.00) 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.