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HomeMy WebLinkAboutZA ACTION 06-005 ZONING ADMINISTRATOR ACTION 06-005 CONDITIONAL USE PERMIT 06-005 The Zoning Administrator of the City of Tustin does hereby resolve as follows: I. The Zoning Administrator finds and determines as follows: A. That a proper application for Conditional Use Permit 06-005 was filed by Cathy Sipia requesting authorization to place temporarily two (2) modular classrooms, one (1) modular office, and one (1) modular restroom to accommodate a temporary daycare center for sixty-eight (68) children at 365 West First Street for up to six (6) months. The proposal is in conjunction with a forthcoming proposal to convert the existing restaurant (Shakey's Pizza) located at 365 West First Street into a permanent daycare center. B. That the project site is located in the First Street Specific Plan zoning district with Commercial as Primary Use land use designation. While the Commercial as Primary Use land use designation does not permit or conditionally permit preschool and nursery uses, Planning Commission Resolution No. 2371 authorizes preschool and nursery uses in the commercial zone of the First Street Specific Plan with the approval of a Conditional Use Permit. The project site is designated as Planned Community Commercial/Business by the Land Use Element of the City's General Plan which allows a mix of commercial and office uses. C. That in accordance with Tustin City Code Section 9270c, temporary use of up to six (6) months is allowed with the approval of a Conditional Use Permit. In accordance with Tustin City Code Section 9299(b)(3)U), the Zoning Administrator may approve conditional use permits for temporary uses for up to six (6) months. In addition, the project has been determined to be consistent with the Air Quality Sub-element of the City of Tustin General Plan. D. That a public hearing was duly called, noticed, and held on said application on June 26, 2006, by the Zoning Administrator. At that time and as conditioned, it was determined that the 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 nor be a detriment to the property and improvements in the neighborhood of the subject property, nor to the general welfare of the City of Tustin as evidenced by the following findings: 1. The proposed placement of trailers is in conjunction with a forthcoming proposal to convert the existing restaurant (Shakey's Pizza) located at 365 West First Street into a permanent daycare Zoning Administrator Action 06-005 Conditional Use Permit 06-005 Page 2 center which would require approval of a Conditional Use Permit. If the Conditional Use Permit for the conversion of the restaurant into a permanent daycare facility is not approved by the Planning Commission, this action is null and void and the trailers shall be removed and the site restore to its original condition by December 26, 2006. Prior to establishing the temporary use at this site, applicant understands the required approvals necessary to establish a permanent use at this location and that a written disclosure (to be approved by the City) be provided to and signed by all parents notifying them of the nature of the temporary use, the discretionary nature of the permanent Conditional Use Permit application, and the possibility of having to relocate the children if the Conditional Use Permit is not approved. 2. While it is not the City's preference to allow for concurrent temporary daycare use and potential construction activity that may take place to accommodate the forthcoming conversion of the existing restaurant into a permanent daycare facility, the applicant insisted that safe separation between temporary daycare activity and construction activity will be provided and that a supervisor or security guard will be on-site during business hours to ensure safety of all children, school personnel, and parents. 3. The proposed temporary trailers are necessary to facilitate the temporary daycare use during the conversion of the existing restaurant located at the same site into a permanent daycare facility. If a permanent Conditional Use Permit is not approved, the applicant agrees to vacate the temporary daycare use and all trailers are to be removed within 24 hours of notification by the City. 4. As conditioned, outdoor activity space shall be free of hazards including, but not limited to, holes, damaged fence, construction debris, etc. and that the temporary daycare area is clearly separated from construction activity, construction equipment, outdoor utilities including, but not limited to, trash bins, air conditioning equipment, water heaters, fuse boxes, etc. and should be inaccessible to children in care. 5. The installation and operation of trailers ("trailers") would be temporary for a maximum of six (6) months and will be removed by December 26, 2006, or by the completion of the conversion of the existing restaurant into a permanent daycare facility, whichever occurs first. Applicant understands the temporary nature of said use and has authorized the City to remove said trailers upon the expiration date of the temporary use permit or in the event the permit is revoked or upon termination of the use. EXHIBIT A CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 06-005 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped June 26, 2006, on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. (1) 1.2 This approval shall remain in effect until December 26,2006, so long as all conditions are fulfilled. (1) 1.3 All conditions in this Exhibit shall be complied with prior to issuance of permits, or as specified, subject to review and approval by the Community Development Department. (1) 1.4 Approval of Conditional Use Permit 06-005 is contingent upon the 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 As a condition of approval of Conditional Use Permit 06-005, 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, conceming 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. SOURCE CODES (1) (2) (3) (4) STANDARD CONDITION CEQA MITIGATION UNIFORM BUILDING CODE/S DESIGN REVIEW (5) (6) (7) - RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES . PC/CC POLICY EXCEPTIONS Zoning Administrator Action 06-005 Conditional Use Permit 06-005 Page 3 6. The hours of operation are limited to 6:30 a.m. to 6:00 p.m. daily. As conditioned, the project must comply with the business hours limitation and the Community Development Director could require the applicant to remove the trailers later if they are determined to be in violation of conditions of approval. E. This project is categorically exempt pursuant to Section 15304, Class 4 of Article 19, Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Zoning Administrator hereby approves Conditional Use Permit 06-005 authorizing the temporary placement of two (2) modular classrooms, one (1) modular office, and one (1) modular restroom to accommodate a temporary daycare center at 365 West First Street for up to six (6) months, subject to the conditions contained within Exhibit A attached hereto. PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular meeting held on the 26th day of June, 2006. a~1L._~, ~A~ Elizabeth A. Binsack ZONING ADMINISTRATOR ~ RECORDING SECRETARY STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ELOISE HARRIS, the undersigned, hereby certify that I am the Recording Secretary of the Zoning Administrator of the City of Tustin, California; that Zoning Administrator Action 06-005 was passed and adopted at aregular meeting of the Tustin Zoning Administrator, held on the 26th day of June, 2006 ~~ Eloise Ha s RECORDING SECRETARY Zoning Administrator Action 06-005 Conditional Use Permit 06-005 Exhibit A Page 2 (1) 1.6 Any violation of any of the conditions imposed is subject to the payment of a civil penalty of $100.00 for each violation, or such other amounts as the City Council may establish by ordinance or resolution, and for each day the violation exists, subject to the applicable notice, hearing, and appeal process as established by the Tustin City Code. (1) 1.7 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 Tustin City Code. USE RESTRICTIONS (1) 1.8 The applicant shall submit a complete Conditional Use Permit application for a request to allow for a permanent daycare facility at 365 W. First Street by July 10, 2006. If the Conditional Use Permit for a permanent daycare facility is not approved, the applicant shall agree to vacate the temporary daycare use and all trailers shall be removed within 24 hours of notification by the City. (1) 1.9 The applicant shall obtain a provisional license from the State of California Community Care Licensing, and a copy of the license shall be delivered to the City prior to issuance of a temporary certificate of use and occupancy (TCO) for the daycare use. (1) 1.10 Based upon the number of parking spaces provided and the amount of required exterior area per Community Care Licensing requirements, a maximum of six (6) teachers and forty-eight (48) students can occupy the temporary daycare use at any given time. Upon the approval of a building permit which results in the reduction of indoor or outdoor activity space, parking spaces, or any other code requirements, the number of the teachers and students shall be reduced accordingly. Conversely, if it can be demonstrated that additional indoor/outdoor activities space and parking spaces can be safely accommodated on-site, additional students may be permitted, subject to review and approval of the Community Development Director. (1) 1.11 Prior to the issuance of a TCO and establishment of the temporary daycare facility, a written disclosure (to be approved by the City) shall be provided to and signed by all parents notifying them of the nature of the temporary use, the discretionary nature of the permanent Conditional Use Permit application, and the possibility of having to relocate the children if the Conditional Use Permit is not approved. (1) 1.12 The applicant shall hire sufficient personnel and/or security guards to ensure daycare activities are clearly separated from construction activity and ensure Zoning Administrator Action 06-005 Conditional Use Permit 06-005 Exhibit A Page 3 the safety of all children, daycare personnel, and parents at all times. The applicant shall ensure that said personnel and/or guard ensures that there is no interaction between the construction activity and children, parents, teachers, or other daycare personnel. Further, the applicant shall employ any necessary on-site mechanisms to ensure on-site and off-site safety. (1) 1.13 Conditional Use Permit 06-005 is valid for six (6) months. All trailers shall be removed by December 26, 2006, or upon the completion of the conversion of the existing restaurant into a permanent daycare, whichever occurs first. (1) 1.14 The trailers shall comply with California Title 24 accessibility regulations and shall be accessible during business hours. (1) 1.15 All activities shall not block disabled parking spaces, access routes, required fire lanes, cause back up (queuing) of vehicles into the public right-of-way, or create unsafe conditions. Fire and police access shall be permitted at all times. (1) 1.16 All activities shall comply with the City ofTustin Noise Ordinance. (1) 1.17 Prior to the issuance of a TCO and establishment of the daycare use, the applicant shall submit a refundable cash deposit or other form of surety acceptable to the City in the amount of $10,000.00 to ensure the timely removal of the trailers in the event the permit is revoked or upon termination of the use. The applicant and property owner shall add the City as the authorized party in the lease agreement to order the removal of the trailers, provide the City with a written authorization to remove the trailers, and authorize entry onto the property for that purpose upon the expiration or nullification of this permit. The City of Tustin may dispose of said structure in a manner acceptable to the City of Tustin. (1) 1.18 The use of the trailers shall be limited to a temporary daycare facility. The hours of operation for the temporary daycare facility shall be limited to 6:30 a.m. to 6:00 p.m. daily. (1) 1.19 The temporary daycare area shall be separated from any construction activity occurring at the site by an adequate physical barrier and subject to on-site inspection prior to the commencement of the temporary daycare use. Prior to establishment of the temporary daycare use, the applicant shall submit a plan incorporating all conditions of approval. No construction vehicles, materials, or equipment shall be stored within the area of temporary daycare facility. Zoning Administrator Action 06-005 Conditional Use Permit 06-005 Exhibit A Page 4 (1) 1.20 All doors on the existing building leading to the temporary daycare area shall be secured to prevent children from entering the existing building. Plan Submittal (1) 2.1 At plan check submittal, parking spaces identified as student drop area shall be modified to 90 degree parking spaces to accommodate back up area. (1) 2.2 At plan check submittal, the plans submitted shall identify the location, material, and height of the proposed temporary chain link fencing including gates and other access. Sufficient fencing shall be provided along the western property line adjoining residential properties to replace the existing deteriorated wood fence. (1) 2.3 At plan check submittal, the plans submitted shall identify surface materials for the outdoor activity area. The surface materials shall be adequate and acceptable to the City and State of Califomia Community Care Licensing to ensure the safety of the children. (1) 2.4 Parking for disabled persons shall be provided with an additional five (5) foot loading area with striping and ramp; disabled persons shall be able to park and access the building without passing behind another car. The disabled parking space shall be placed as close as possible to the building entrance. At least one (1) accessible space shall be van accessible served by a minimum 96 inch wide loading area. The loading zone shall be placed on the passenger side of the stall only. (1) 2.5 At plan check submittal, the plans shall show path of travel from the sidewalk to the site and all proposed structures. (1) 2.6 Provide ramps for all structures for disabled access and show dimensions of the ramps on plans. (1) 2.7 All modular structures shall be installed and anchored per State guidelines and manufacturer's specifications. (1) 2.8 Show location of the utilities for modular structure hook-ups. (1) 2.9 The trash bins shall be relocated away from the outdoor activity area. The new trash enclosure shall be shown on the plans and shall be located to an acceptable location that is accessible for pick up without generating any on- site or public right-of-way impacts. (1) 2.10 Sufficient information (i.e. site plan dimensions, showing the stripping/median on First Street along the project frontage, including Zoning Administrator Action 06-005 Conditional Use Permit 06-005 Exhibit A Page 5 driveways/streets on the plan that are pertinent to the site, etc.) shall be provided so the access and on-site circulation review can be completed. (1) 2.11 At the time of building permit application, the plans shall comply with the 2001 Califomia Building Code (CBC), 2001 California Mechanical Code (CMC), 2001 California Plumbing Codes (CPC), 2004 California Electrical Code (CEe), Califomia Title 24 Accessibility Regulations, 2005 Title 24 Energy Regulations, City Ordinances, and State and Federal laws and regulations 2005 Edition. (1) 2.12 Building plan check submittal shall include the following: . Seven (7) sets of construction plans, including drawings for mechanical, plumbing, and electrical. . A note shall be provided on the plans that "All parking areas shall be illuminated with a minimum of one (1) foot-candle of light, and lighting shall not produce light, glare, or have a negative impact on adjacent properties. " . Note on plans that no field changes shall be made without prior approval from the Building Official and architect or engineer of record. (1) 2.13 Review 2001 California Building Code chapter 3, chapter 5, and minimum egress requirements in Table 10A. (1) 2.14 The plans submitted shall indicate that restrooms are accessible to persons with disabilities as per State of California Accessibility Standards (Title 24). Plumbing fixture units are required to comply with the 2001 Califomia Plumbing Code Chapter four (4) Table 4-1 as per type of group occupancy, or as approved by the Building Official. (1) 2.15 Prior to permit issuance, clearances from the Orange County Fire Authority are required. (1) 2.16 Vehicle parking, primary entrance to the building, the primary paths of travel, cashier space, sanitary facilities, drinking fountain, and public telephones shall be accessible to persons with disabilities and shall be shown on the plans. ORANGE COUNTY FIRE AUTHORITY (5) 3.1 Prior to the issuance of any building permits, the applicant shall obtain approval of the Fire Chief for all fire protection access roads to within 150 Zoning Administrator Action 06-005 Conditional Use Permit 06-005 Exhibit A Page 6 feet of all portions of the exterior of every structure on site. The site plan shall indicate the locations of the exiting fire hydrants on the property. Please contact the OCFA at (714) 573-6100 or visit the OCFA website to obtain a copy of the "Guidelines for Emergency Access." (5) 3.2 Prior to the issuance of any building permits, the applicant shall obtain the approval from the Fire Chief for the construction of any gate across required fire department access roads. Please contact the OCFA at (714) 573-6100 or visit the OCFA website to obtain a copy of the "Guidelines for Design and Installation of Emergency Access Gates and Barriers." (5) 3.3 Prior to the issuance of a building permit, plans for the fire alarm system shall be submitted to the Fire Chief for review and approval. Please contact the OCFA at (714) 573-6100 or visit the OCFA website to obtain a copy of the "Guideline for New and Existing Fire Alarm Systems." This system shall be operational prior to the issuance of a certificate of occupancy. (5) 3.4 Prior to the issuance of a building permit, the applicant shall submit architectural plans for the review and approval of the Fire Chief if required per the "Orange County Fire Authority Plan Submittal Criteria Form." Please contact the OCFA at (714) 573-6100 for a copy of the Site/Architectural Notes to be placed on the plans prior to submittal. FEES (1) 4.1 Prior to issuance of any building permits, payment shall be made of all applicable fees, including but not limited to, plan check and permit fees to the Community Development Department based on the most current schedule. (2) 4.2 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 forty- three dollars ($43.00) 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.