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HomeMy WebLinkAboutPC RES 4390 RESOLUTION NO. 4390 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN APPROVING CONDITIONAL USE PERMIT 2019-00012 AUTHORIZING THE ESTABLISHMENT OF A DAYCARE, REHABILITATION AND TRAINING FACILITY FOR DISABLED CHILDREN AND YOUNG ADULTS AND ASSOCIATED INTERIOR IMPROVEMENTS WITHIN THE EXISTING INDUSTRIAL BUILDING LOCATED AT 1361 VALENCIA AVENUE. The'Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application for Conditional Use Permit (CUP) 2019-00012 was filed by Edward S. Miguel of Port View Preparatory, Inc., requesting authorization to establish a daycare, rehabilitation and training facility for disabled children and young adults within an existing 75,226 square foot industrial building at 1361 Valencia Avenue. B. The project site is located within Pacific Center East Specific Plan (PCESP) and has a General Plan land use designation of PCCB, which provides for a variety of research, development and industrial uses and limited ancillary commercial and office uses. 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. C. That pursuant to Section 4.5 C of the PCESP District Regulations, day care uses are conditionally permitted uses within the Technology Center of the PCESP and pursuant to Section 5.3, all discretionary applications (including CUPs) shall be reviewed by the Planning Commission. Section 9271 of the TCC authorizes the Planning Commission to review such applications. D. The proposed daycare, rehabilitation and training facility is located in a standalone existing industrial building which provides for a variety of research, development and industrial uses and limited ancillary commercial and office uses. The characteristics of the proposed use and hours of operation would be similar to other uses in the vicinity. E. That a public hearing was duly called, noticed, and held for CUP 2019-00012 on September 10, 2019, by the Planning Commission. F. 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 Resolution No. 4390 Page 2 property and improvements in the vicinity of the subject property, or to the general welfare in the City in that: 1) The proposed day care, rehabilitation and training facility for disabled children and young adults and associated administrative offices, as conditioned, would not be detrimental to, or have a negative effect on, surrounding properties in that the proposed facility is a standalone building with its own parking lot to accommodate clientele and employees. No impacts to residential properties are anticipated as the project site is surrounded by other commercial and industrial uses. 2) The proposed day care, rehabilitation and training facility for disabled children and young adults is authorized with the approval of a Conditional Use Permit within the Technology Center area of the Pacific Center East Specific Plan. 3) The proposed use would provide a service needed in the community to provide day care, rehabilitation and training facility for disabled children and young adults. 4) The proposed hours of operation are Monday through Friday from 8:00 AM to 5:00 PM daily, which is consistent.with the hours of operation for other uses in the area. 5) As conditioned, CUP 2019-00012 may be reviewed as needed, by the Community Development Director. If the use is not operated in accordance with CUP 2019-00012 or is found to be a nuisance or negative impacts are affecting the surrounding uses, the Community Development Director would have the authority to impose additional conditions to eliminate the nuisance or negative impacts or may initiate proceedings to revoke the CUP. 6) As conditioned, no noise impacts are anticipated in that all activities shall be conducted entirely within the building and would be required to comply with the City's Noise Ordinance. 7) The Tustin Police Department has reviewed the application and has no immediate concerns. 8) The proposed use would not have any aesthetic impacts to the area since no exterior modifications are proposed other than new signage. G. This project is Categorically Exempt pursuant to Section 15301 (Class 1) of the California Code of Regulations (Guidelines for the California Environmental Quality Act). Resolution No. 4390 Page 3 11, The Planning Commission hereby approves CUP 10111-01012 authorizing the establishment of a daycare, rehabilitation and training facility located within an existing 75,226 square foot building located at 1361 Valencia Avenue, subject to the conditions contained within Exhibit A, attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on, the 10th day of September, 2019. TEVUOZAK Chairperson 'ElZf2ABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN 1, Elizabeth A. B,insack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No, 4390 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 10th day of September, 2019. PLANNING COMMISSIONER AYES: Gallagher, Jl'ia, Kozak, Thompson (4) PLANNING COMMISSIONER NOES: PLANNING, COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT` Mason (�) AvE ZABETH A. BINSACK Planning Commission Secretary EXHIBIT A CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 2019-00012 1361 VALENCIA AVENUE GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped September 10, 2019, 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 (TCC). (1) 1.2 This approval shall become null and void unless the use is established within twelve (12) months of the date of 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 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 Conditional Use Permit (CUP) 2019-00012 is contingent upon the applicant and property owner 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) 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's fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance, SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENTS (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODEIS (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTIONS A Conditional Use Permit 2019-00012 Exhibit A Page 2 (1) 1.7 CUP 2019-00012 may be reviewed annually or more often, if deemed necessary by the Community Development Department, to ensure compatibility with the area and compliance with the conditions contained herein. If the use is not operated in accordance with the conditions of approval or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the Community Development Director may impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the CUP. (1) 1.8 If in the future the City determines that a parking, traffic, or noise problem exists on the site or in the vicinity as a result of the proposed project, the Community Development Director may require the applicant to prepare a parking demand analysis, traffic 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 and/or Public Works Department. Said mitigation may include, but are not limited to, the following: a. Establish alternative hours of operation. b. Provide additional parking. c. Install additional sound attenuation material. (1) 1.9 As a condition of approval of CUP 2019-00012, 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. USE RESTRICTIONS (1) 2.1 This approval is for a tenant improvement to an existing 75,226 square foot commercial office building that will be utilized as a daycare, training and rehabilitation facility for 150 disabled children and/or young adults on the first floor and administrative office headquarters on the second floor with 213 existing, on-site parking spaces. The use also includes a total of 150 employees. Parking for the property shall be parked at one (1) parking space per employee and one (1) parking space per five (5) students in accordance with Table 5 of the Pacific Center East Specific Plan. Conditional Use Permit 2019-00012 Exhibit A Page 3 (1) 2.2 The hours of operation for the business are: Monday-Friday, 8:00 a.m. — 5:00 p.m. Modifications to the hours of operation may be approved by the Director of Community Development if it is determined that no impacts to surrounding tenants or properties will occur. (1) 2.3 All activities shall comply with the City's Noise Ordinance. The applicant shall install, as necessary, interior sound attenuation material to minimize noise impacts on adjacent tenants. (1) 2.4 No outdoor storage shall be permitted except as approved by the Community Development Director. All outdoor refuse collection shall be screened visually from the streets and highways. Collection areas shall be shielded from view within a building or enclosed by a wall not less than six (6) feet in height. (1) 2.5 No change or alteration of the tenant space shall occur without prior approval of the Community Development Director. Major modifications to the floor area, services, and/or operation of the business may require consideration of a new conditional use permit by the Planning Commission. (1) 2.6 Installation of any vehicular gates to the site shall be subject to review and approval by the Community Development Department. The applicant shall obtain a building permit and said gate(s) shall be subject to review and approval by the Orange County Fire Authority (OCFA). (1) 2.7 All landscaping installation shall conform with the City of Tustin's Landscape Water Efficiency Ordinance. (1) 2.8 If the use authorized by CUP 2019-00012 is discontinued for one (1) year, then it shall be conclusively presumed that such use has been abandoned and CUP will be deemed null and void. (1) 2.9 All proposed signage shall be in compliance with the Tustin City Code and subject to review and approval by the Community Development Department. (1) 2.10 All activities shall be located within an enclosed building. No congregating or loitering shall be permitted in the parking lot at any time. (1) 2.11 Gate between guest parking and shuttle parking areas shall remain open during regular business hours. (1) 2.12 The designated shuttle parking area shown on the site plan shall be in excess of the required number of parking spaces for the use. Conditional Use Permit 2019-00012 Exhibit A Page 4 (***) 2.13 The applicant shall submit a security plan for the facility to the Community Development Director for review and approval. PLAN SUBMITTAL (1) 3.1 All construction shall comply with 2016 California Building Code, California (5) Mechanical Code, California Electrical Code, California Plumbing Code, California Green Code and California Energy Code. (1) 3.2 Architectural plans, egress plans, plumbing, mechanical, electrical and structural plans shall be submitted with permit application. All plans shall be signed by a registered architect or civil/structural engineer. (3) 3.3 Provide building data on plans, i.e., construction type, occupancy group and occupant load. (3) 3.4 Provide at least one (1) accessible route within the site from the accessible parking spaces and accessible loading zones; public streets and sidewalks; and public transportation stops to the accessible building or facility entrance. When more than one route is provided, all routes must be accessible. (3) 3:5 Provide accessible restroom facilities per CBC chapter 11 B. (3) 3.6 Provide accessibility in all medical, consulting, staff room, waiting areas, service counters and etc. per CBC chapter 11 B. (1) 3.7 The applicant shall submit to the Public Works Department 24" x 36" reproducible public improvement plans, as prepared by a California Registered Civil Engineer, for review and approval. Current Federal Americans with Disabilities Act (ADA) requirements shall be met at all driveway aprons and sidewalk adjacent to the site. The applicant shall remove and reconstruct the westerly driveway to meet the most current ADA requirements. (1) 3:8 Prior to issuance of an Encroachment Permit for construction within the public right-of-way, a 24" x 36" construction area traffic control plan, as prepared by a California Registered Traffic Engineer, or Civil Engineer experienced in this type of plan preparation, shall be prepared and submitted to the Public Works Department for approval. (1) 3.9 The applicant shall design and construct sidewalk along project frontage on Valencia Avenue. (1) 3.10 Prior to any work in the work in the public right-of-way, an Encroachment Permit shall be obtained from and applicable fees paid to the Public Works Department. Conditional Use Permit 2019-00012 Exhibit A Page 5 (1) 3.11 The applicant is responsible for all costs related to the installation, upgrade, alteration, relocation or abandonment of all existing Irvine Ranch Water District (IRWD) public water facilities affect by the proposed project. (1) 3.12 Construction and Demolition Waste Recycling and Reduction Plan (WRRP). a. The applicant/contractor is required to submit a WRRP to the Public Works Department. The WRRP must indicate how the applicant will comply with the City's requirement (City Code Section 4351, et al) to recycle at-least 65 percent of the project waste material or the amount required by the California Green Building Standards Code. The applicant will be required to submit a $50.00 application fee and a cash security deposit. Based on the review of the submitted Waste Management Plan, the cash security deposit in the amount of five (5) percent of the project's valuation as determined by the Building Official, rounded to the nearest thousand, or $2,500.00, whichever is greater. In no event shall a deposit exceed $25,000.00. b. Prior to issuance of any permit, the applicant shall submit the required security deposit in the form of cash, cashier's check, personal check, or money order made payable to the "City of Tustin". (1) 3.13 Facility Solid Waste Collection and Recycling Plan. a. The applicant, property owner, and/or tenant(s) are required to participate in the City's recycling programs. b. Waste and Recycling collection facilities shall be equally and readily accessible by the property owner(s) or tenant(s). c. Waste and Recycling collection facilities must be placed in a location that can be easily and safely accessed by the solid waste hauler while utilizing either front loader or side loading equipment. d. Adequate collection capacity shall be provided to ensure that collection frequency shall not exceed four (4) times per week for commercial customers. e. All trash enclosures shall be designed with a roof and be able to accommodate at least two (2), 4-yard bins, with at least one (1) bin reserved for recyclable materials. Conditional Use Permit 2019-00012 Exhibit A Page 6 (1) 3.14 Orange County Fire Authority (OCFA).: a. Prior to OCFA clearance of a building permit, a fire master plan (PR 145) shall be submitted to OCFA for review and approval. b. Prior to issuance of a building permit, a gate plan shall be submitted to OCFA for review and approval -- if not included in the fire master plan. Architectural plans shall also be provided to OCFA for review and approval. c. Prior to concealing interior construction, a fire alarm system plan and fire sprinkler plan shall be submitted to OCFA for review and approval. FEES (1) 4.1 Within forty-eight (48) hours of approval of the subject 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 the 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. (1) 4.2 Prior to issuance of any permits, payment shall be made of all applicable fees, including but not limited to, the following: a. Building, Planning and Public Works plan check and permit fees b. Orange County Fire Authority plan review fees