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Report to the
Planning Commission
DATE:
SUBJECT:
APPLICANT!
PROPERTY
OWNER:
lOCATION:
ZONING:
GENERAL PLAN
DESIGNATION:
NOVEMBER 27, 2006
CONDITIONAL USE PERMIT 06-010 AND
DESIGN REVIEW 06-{)15
CATHY SIPIA
1422 E. FRAZEN
SANTA ANA, CA92705
365 W. FIRST STREET
FIRST STREET SPECIAC PLAN
COMMERCIAL AS PRIMARY USE
PLANNED COMMUNITY COMMERCIAUBUSINESS
ENVIRONMENTAL
STATUS: THIS PROJECT IS CATEGORICAllY EXEMPT PURSUANT TO
SECTION 15301 (CLASS 1) OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA).
AUTHORIZATION TO CONVERT AND REMODEL AN EXISTING
RESTAURANT BUILDING INTO A DAYCARE CENTER FOR
NINE (9) TEACHERS AND NINETY-SIX (96) CHilDREN AT 365
WEST FIRST STREET.
RECOMMENDATION
REQUEST:
That the Planning Commission adopt Resolution No. 4044 approving Conditional Use
Permit 06-01 0 and Design Review 06-015.
BACKGROUND
At the Planning Commission meeting of November 13, 2006, the Planning Commission
continued this item because of concems regarding concurrent occupancy of an existing
temporary use and construction activity related to the proposal to convert the existing
restaurant building into a daycare use. The Planning Commission requested that the
appiicant submit phasing, fencing, and security pians for review prior to taking action on
PlaflningCommission
CUP06-010andDR06-D15
November27,2006
Page2
the requests to ensure the safety of the children, teachers, parents and/or guardians
associated with the proposed daycare use.
DISCUSSION
On November 16, 2006, Ihe applicant submitted a Security Plan which includes a phasing
and fencing plan (Attachment A). The proposed phasing plan calls for construction
activities associated with the proposed remodel in accordance with four (4) phases as
follows:
. Phase 1 - Interior Demolition: To occur on Saturdays or other off-school
hours. Phase 1 also includes the removal of the existing poie sign. All
waste is to be stored in single extra large container.
. Phase 2 _ Demolition of two-stOry fover: Removal of the two-story foyer
and removal of composition shingles from the remainder of roof. If
possible, the removal is 10 occur on a Saturday or other off-school time.
.
Phase 3 - Demolition of planters and sidewalks:
planters (except those to remain) and any
area/sidewalk/apron needing replacement.
Removal of existing
portions of parking
. Phase 4 - Installation of a new rear door: Cut new door opening at rear of
the building to occur on a Saturday.
The proposed Plan calls for:
. A wrought iron fence separating the parking area .and the temporary
daycareuse.
. A gate equipped with reader card and a buzzer to be installed at the main
entrance to the temporary daycare area. Reader cards will be issued to
parents and a buzzer is available to other visitors. However, no gates shall
impede the safe evacuation of the site in the event of an emergency nor
shall said gates impede emergency personnel from entering the site
(added as a condition of approval).
. A chain link fence is to be installed to the east of the existing building
separating the temporary trash bins and construction storage area from
the temporary daycare use.
. A temporary chain link fence and gate are to be installed around the
covered walkway which will be used as a construction storage/staging
area
PlanningCommissjon
CUP06-QlOandDR06-015
November 27. 2006
Page 3
The proposed Security Plan calls for:
1. Applicant to hire an additional staff person who will be responsible for
overseeing gate access/security into the temporary use area.
2. The new staff person will man the gate during drop off and pickup times.
3. During non pick up/drop off times, the new staff person will patrol the
separation area between the temporary use and the
demolition/construction area to ensure there is no interaction between the
two uses and that the children remain safe at all times.
4, A solid, locking gate (with door hardware) will replace the existing entry
gate.
5, Parents to be required to physically walk their children into the site and
sign them in and out.
6, The majority of demolition and removal of debris will occur during off
school hours.
7. During the final phase of the remodel, the temporary trailers will be
removed and the play area will be installed. This work is to commence on
a Saturday and is expected to lake up to a week to complete. During this
time, children will be confined to the newly remodeled building. For
outdoor activities, the children will be chaperoned by teachers to Pepper
Tree Park on First Street.
The Building Official along with the City's Engineering/Public Works Department
reviewed the plans and determined the plans to be acceptable. Additional conditions
are proposed to ensure the applicant follows the Phasing, Fencing, and Security Plan,
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Senior Planner
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Elizabeth A. Binsacl<:
Community Development Director
Attachments:
A~SecurityPlan
B - Planning Commission Staff Report dated 11-13-06
C - Planning Commission Resolution No. 4044
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ATTACHMENT A
Security Plan
Cathy's Kids Club
Security Plan
In order to ensure safe separation of the temporary day care uses and
construction activities, Cathy's Kids Club will undertake the following steps:
1, Hire an additional staff person who will be responsible for manning the gate
into the temporary use area. This is the onlv access point into or out of the
temporary area. (There is a door from the existing buiiding into the temporary
area and a gate is located in the fence at the east side of the property. Both
of these will be locked at all times.)
2. A solid, locking gate (with door hardware) will replace the existing entry gate.
3. The new staff person will man the gate during drop off and pickup times.
4. Parents are required to physically walk their children into the site and sign
them in and oul.
5. During non pickup/drop off times, the new staff person will patrol the
separation area between the temporary use and the demolition/construction
area to ensure there is no contact belween the two uses and that the children
remain safe at all times.
6. The majority of demolition and removal of debris will occur during off school
hours. The amount of demolition necessary for the proposed remodel is
relatively Iimrted. The major demolrtion will involve removal of the 2-story
foyer at the front entry and the pole sign.
7. During the final phase of the remodel, the temporary trailers will be removed
and the play area will be installed. This work will commence on a Saturday
but is expected to take up to a week to complete. During this time, children
will be confined to the newly remodeled building. For outdoor activity, the
children will be chaperoned by teachers to Pepper Tree Park on First Stree!.
Note: As discussed at the last planning commission meeting, there is a very
limited interface area between the temporary use area and the construction area.
The rear of the building is cinderblock with no openings and the sideyards will
securely fenced and gated wrth locked/guarded gates. With these steps in place,
we are confident in the safety of the children.
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ATTACHMENT 8
Planning Commission Staff Report dated 11M13-2006
-
ITEM #3
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Reoort to the
,
Planning Commission
DATE;
SUBJECT:
APPLlCANTI
PROPERTY
OWNER:
L.OCATION:
ZONING:
GENERAL PLAN
DESIGNATION:
NOVEMBER 13, 2006
CONDITIONAL USE PERMIT 06-010 AND
DESIGN REVIEW 06-015
CATHY SIPIA
1422 E. FRAZEN
SANTA ANA, CA 92705
365 W. FIRST STREET
FIRST STREET SPECIFIC PLAN
COMMERCIAL AS PRIMARY USE
PLANNED COMMUNITY COMMERCtAUBUSINESS
ENVIRONMENTAL
STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO
SECTION 15301 (CLASS 1) OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA).
REQUEST:
RECOMMENDATION
AUTHORIZATION TO CONVERT AND REMODEL AN EXISTING
RESTAURANT BUILDING INTO A DAYCARE CENTER FOR
NINE (9) TEACHERS AND NINETY-SIX (96) CHILDREN AT 365
WEST FIRST STREET.
That the Planning Commission adopt Resolution No. 4044 approving Conditional Use
Permit 06-01 0 and Design Review 06-015.
BACKGROUND
The site is designated as Planned Community Commercial/Business by the City's
General Plan which allows a mix of commercial and office uses and is located in the
First Street Specific Plan zoning district with a Commercial as Primary Use land use
designation. While the Commercial as Primary Use land use designation does not
permit or conditionally permit preschool or nursery uses, Planning Commission
Planning Commission
CUP 06.010 and DR 06.015
November 13,2006
Page 2
commercial zone of the First Street Specific Plan with the approvai 01 a Conditional Use
Permit.
On June 26, 2006, the Zoning Administrator adopted Zoning Administrator Action 06-005
approving Conditional Use Permit 06-005 authorizing the temporary placement and use
of two (2) modularclassroom5l, one (1) modular office, and one (1) modular restroom to
accommodate a temporary daycare center for sixty-eight (68) children for up to six (6)
months while the applicant processed the subject applications to allow for a permanent
daycarefacility,
DISCUSSION
Site and Building Design
The site is currently improved with a former restaurant building (Shakey's Pizza) and is
surrounded by residential uses to the east, north, and northwest; a service station to the
west; and offices and commercial uses to the south {Attachment A - Location Map}. The
site and the existing building are proposed to be redesigned to accommodate the daycare
use for children of 2.5 to 5 years old (Attachment B - Submitted Pians). The front parking
area is proposed to be improved with a new landscape area and new 90 degree angle
parking spaces. Perimeter landscaping alongside and rear property lines also would be
installed to create a buffer to adjacent residential and commercial uses. A play area of
approximately 7,584 square feet is proposed at the rear of the existing building. The play
area will be secured with a new six (6) foot high wrought iron fence with a sliding gate.
The exterior elevation is proposed to resemble contemporary Spanish architecture. The
existing hipped-gable rool along the main entrance is proposed to be removed and
replaced with a stucco parapet with six (6) inch foam trim along the top. The existing
portico is proposed to be redesigned with arches, exposed beams, and thicker columns.
In addition, windows and the main entrance door would also be replaced with multi-pane
windows and a double-swing door to complement the proposed architecture.
Parking and On-site Circulation
Planning Commission Resolution No. 2371 includes a condition requiring the project to
provide on-site parking at a ratio of one (1) space for every eight (8) students and one (1)
space for each school employee. Title 22 of the California Gode of Regulations regulates
daycare centers and requires the provision of a minimum of 35 square feet of indoor
activity space per child and 75 square feet of outdoor activity space per child. The parking
area is proposed to be re-striped to accommodate a total 01 21 parking spaces, Of the 21
spaces, nine (9) parking spaces are proposed for teachers and twelve (12) parking spaces
are proposed for drop-off/pick up spaces for parents/guardians of students. The proposed
plan also shows a tolal of 5,200 square feet 01 indoor activity space and 7,200 square feet
of outdoor activity space. Based upon the number of available parking spaces and the
Planning Commission
CUP 06-010 and DR 06-015
Novembe. 13. 2006
PageS
indoor/outdoor activity areas, a maximum of ninety-six (96) children and nine (9) teachers
can be accommodated on-site.
Concurrent uses
The applicant currently operates a daycare use with modular classrooms authorized by a
temporary Conditional Use Permit (CUP 06-005). If the applicant were granted approval
of a permanent CUP for this location, concurrent construction activity in conjunction with
the proposed conversion of the existing restaurant into a permanent daycare facility and
the temporary daycare use is proposed, Stafl indicated concerns to the applicant related
to concurrent uses; however, the applicant indicated that proper measures will be taken to
ensure children can access and play at the outdoor aclivity area in a safe manner.
Conditions are proposed to ensure the temporary daycare area is clearly separated from
construction activity. construction equipment, and outdoor utilities. In addition, on-site
construction parking and related vehicles need to be accommodated and would need to
be addressed prior to any construction activity.
Timing
The temporary daycare use was authorized for up to six (6) months or until December
26, 2006. Since a complete submillal of the proposed permanent daycare use has
taken longer than the applicant initially anticipated. stafl has proposed a condition to
aliow the applicant an additional four (4) months (May 26, 2007) for temporary daycare
use while the applicant is completing the permanent daycare conversion. A condition is
also proposed to require the trailers to be removed from the site upon completion of the
conversion of the restaurant into a permanent daycare or prior to the revised expiration
date of May 26, 2007, whichever occurs first.
FINDINGS
A decision to approve this request may be supported by the following findings:
1. The proposed daycare use is authorized by Planning Commission Resolution No.
2371 with the approval of a Conditional Use Permit.
2. The establishment, maintenance, and operation of a daycare use is compatible with
other surrounding commercial and residential uses and will not be detrimental to
the health. safety, morals, comfort, or general welfare of the persons residing or
working in the neighborhood, nor be injurious or detrimental to lheproperty and
improvements in the neighborhood of the subject property, or to the general welfare
of the City of Tustin.
3. While it is not the City's preference to allow for concurrent temporary daycare use
and construction activity during the conversion of the existing restaurant into a
permanent daycare facility, the applicant has committed to ensuring that a safe
PlannjngCommission
CUP 06-(l10and DR 06.015
November 13,2006
Page 4
separation between temporalY daycare activity and construction activity will be
provided and that a supervisor or secur~y guard will be on-site during business
hours to ensure the safety of all children, school personnel, andparentsJguardians.
4. As conditioned, the temporalY daycare area will be separated from any
construction activity occurring at the site by an adequate physical barrier subject
to review, approval, and on-site inspection by the Community Development
Department prior to construction activity.
5. The hours of operation are limited to 6:30 a.m. to 6:00 p.m. daily, typical of a
daycare use and consistent with other uses in the immediate vicinity.
6. The complete submittal of applications for the proposed permanent day care use
has taken ionger than the appiicant initially anticipated, thus requiring a time
extension for the previousiy approved temporalY daycare use for an additional
four (4) months from the expiration date.
7. The proposed site design and architecture is consistent with the First Street
Specific Plan Design Guidelines in that the proposed remodel would utilize
architecture, materials, and colors suggested in the Guidelines.
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Elizabeth A. Binsack
Community Development Director
Attachments:
A - Location Map
B - Subm~ted Plans
C - Pianning Commission Resolution No. 4044
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ATTACHMENT A
Location Map
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CUP 06~010 AND DR 06-015
365 W. FIRST STREET
TUSTIN, CA
ATTACHMENT B
Submitted Plans
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ATTACHMENT C
Planning Commission Resolution No. 4044
RESOLUTION NO. 4044
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CfTY OF TUSTIN APPROVING CONDITIONAL USE
PERMIT 06-010 AND DESIGN REVIEW 06-015
AUTHORIZING THE CONVERSION AND REMODEL OF AN
EXISTING RESTAURANT BUILDING INTO A DAYCARE
FACILITY AT 365 W. FIRST STREET FOR NINETY-SIX
(96) CHILDREN AND NINE (9) TEACHERS.
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 06-010 and Design
Review 06-015 was filed by Cathy Sipia requesting authorization to convert
and remodel an existing restaurant (Shakey's Pizza) located at 365 West
First Street into a permanent daycare facility for ninety-six (96) children and
nine (9) teachers.
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
Resoiution 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, In addition,
the project has been determined to be consistent with the Air Quality Sub-
element of the City of Tustin General Plan.
C, That a public hearing was duly called, noticed, and held on said application
on November 13, 2006, bylhe Planning Commission.
D. That the establishment, maintenance, and operation of a daycare use will
not be detrimental to the health, safely, morals, comfort, or general welfare
of the persons residing or working in the neighborhood, nor be injurious or
detrimental to the property and improvements in the neighborhood of the
subject property, or to the general welfare of the City of Tustin, in that:
1. The proposed daycare use is authorized by Planning Commission
Resolution No. 2371 with the approval of a Conditional Use Permi!.
2. The establishment, maintenance, and operation of a daycare use is
compatible with other surrounding commercial and residential uses
and will llOt be detrimental to the health, safety, morals, comfort, or
general welfare of the persons residing or working in the
Resolution No 4044
CUP06-010andDR06-015
Page 2
neighborhood, nor be injurious or detrimental to the property and
improvements in the neighborhood of the subject property, or to the
generai welfare of the City of Tustin.
3. While it is not the City's preference to allow for concurrent
temporary daycare use and construction activity during the
conversion of the existing restaurant into a permanent daycare
facility, the applicant has committed to ensuring that a 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 the safety of all children,
school personnel, and parents/guardians.
4. As conditioned, the temporary daycare area will be separated from
any construction activity occurring at the site by an adequate
physical barrier subject to review, approval, and on-site inspection
by the Community Development Department prior to construction
activity.
5. The hours of operation are limited to 6:30 a.m. to 6:00 p.m. daily,
typical of a daycare use and consistent with other uses in the
immediate vicinity.
6. The complete submittal of applications for the proposed permanent
day care use has taken longer than the applicant initially
anticipated, thus requiring a time extension for the previously
approved temporary daycare use for an additional four (4) months
from the expiration date.
7. The proposed site design and architecture is consistent with the
First Street Specific Plan Design Guidelines in that the proposed
remodel would utilize architecture, materials, and colors suggested
in the Guidelines.
E. This project is Categorically Exempt pursuant to Section 15301, Class 1 of
Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the
California Environmental Quality Act).
II. The Planning Commission hereby approves Resolution No. 4044 authorizing the
conversion and remodel of an existing restaurant located at 365 W, First Street into
a daycare facility for ninety-six (96) children and nine (9) teachers, subject to the
conditions contained within Exhibit A, attached hereto.
Resolution No. 4044
GUP06-010 and OR 06-015
Page 3
PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular
meeting on the 2i" day of November, 2006.
BRETT FLOYD
Chairperson
EliZABETH A. BINSACK
Planning Commission Secretary
STATE OF CALIFORNIA)
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning
Commission Secretary of the City of Tustin, California; that Resolution No. 4044 was
duly passed and adopted at a regular meeting of the Tustin Planning Commission, heid
on the 2i" day of November, 2006.
EliZABETH A. BINSACK
Planning Commission Secretary
EXHIBIT A
RESOLUTION NO. 4044
CONDITIONAL USE PERMIT 06-010 AND DESIGN REVIEW 06..015
CONDITIONS OF APPROVAL
GENERAL
(1) 1.1 The proposed use shall substantially conform to the submitted plans for the
project date stamped November 13, 2006, on file with the Community
Development Department, except as herein modified, or as modified by the
Director of Community Development in accordance with this Exhibil. The
Director of Community Development may also approve minor modifications
to plans during plan check if such modifications are to be consistent with the
provisions of the Tustin City Code and other applicable codes.
(1) 1.2 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) 1.3 Approval of Conditional Use Permit 06-010 and Design Review 06-015 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 Deveiopment Department within ten (10)
days of approval of Conditional Use Permit 06-010 and Design Review 06-
015.
(1) 1.4 As a condition of approval of Conditional Use Permit 06-010 Design Review
06-015, 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 empioyees, which seeks to attack,
set aside, challenge, void, or annul an approval of the City Council, the
Pianning 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.
SOURCE CODES
(1) STANDARD CONDITION
(2) CEQA MITIGATION
(3) UNIFORM BUILDING CODEIS
(4) DESIGN REVIEW
-* EXCEPTIONS
(5) RESPONSIBLE AGENCY
REQUIREMENTS
(6) LANDSCAPING GUIDELINES
(7) PC/CC POLICY
Exhibit A
Resolution 4044
CUP06-Q10&DR06-Q15
Page 2
(1) 1.5 Any violatfon of any oflhe cond~ions imposed is subject to the payment of a
civil penally 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 City Council ordinance.
(1) 1.6 The applicant shall be responsible for costs associated with any necessary
code enforcement action, including attorneys' fees, subject to the applicable
notice, hearing, and appeal process as established by the City Council by
ordinance,
USE RESTRICTIONS
(1) 1.7 The applicant shall obtain a pennanent 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 Certificate of occupancy for the pennanent
daycare use. Said license shall be posted within public view within the
facility,
(1) 1.8 Based upon the number of parking spaces provided and the amount of
required interior and exterior area per Community Care licensing
requirements, a maximum of nine (9) teachers and ninety-six (ge)
students can occupy the daycare use at any given time. Any request for
an increase in the number of students and/or teachers shall be subject to
review and approval of the Community Development Director.
(1) 1.9 The placement of modular classrooms for a temporary day care use is valid
for an add~ional four (4) months from the expiration date of CUP 06-005. All
temporary trailers shall be removed by April 26, 2007, or upon the
completion of the conversion of the existing restaurant into a permanent
daycare, whichever occurs first.
(1) 1.10 No activity may 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) 1.11 All activities shall comply with the City of Tustin Noise Ordinance.
(1) 1.12 The hours of operation for the daycare facility shall be Iim~ed to 6:30 a.m,
to 6:00 p.m. daily.
(1) 1.13 Parking spaces immediately in front of or adjacent to the proposed trash
enclosure shall be open and unobstructed on trash pick up day and can
only be used subsequent to trash pick up.
ExhibilA
Resolution 4044
CUP 06-010& DR 05-015
Page 3
(1) 1.14 The temporary daycare area shall be separated from any construction
activity occurring at the site by an adequate physical barrier and subject to
review, approval, and on-site inspection by the Community Development
Department prior to construction activity. No construction vehicles,
materials, or equipment shall be stored within the area of the temporary
daycarefacility.
(1) 1.15 The applicant shall hire sufficient personnel and/or security guards
("personnel") to ensure daycare activities are clearly separated from
construction activity and ensure the safety of all chiidren, daycare perso nnei,
and parents/guardians at all times that children are present on the site. The
applicant shall ensure that said personnei andforguard ensure that there is
no interaction between the construction activity and children,
parentsfguardians, teachers, or other daycare personneL Said personnel
shall be skilled and equipped to handle safe and effective evacuation in the
event of any on-site incident. The applicant shall allow the City to conduct
periodic inspections and shall post a $5,000 deposit to cover the cost of
inspection. Should the City find any unsafe condition or violations to the
conditions of approval, the temporary daycare use may be terminated at the
City's discretion. Further, the applicant shall employ any necessary on-site
mechanisms to ensure on-site and off-site safety.
(1) 1.16 All doors on the existing building leading to the temporary daycare area
shall be secured to prevent children from entering the existing building
during construction.
(1) 1.17 A gate equipped with reader card and a buzzer shall be installed at the
main entrance to the temporary daycare area prior to the beginning of
demolition and/or construction. Reader cards shall be issued to parents.
However, no gates shall impede the safe evacuation of the site in the
event of an emergency nor shall said gates impede emergency personnel
from entering the site.
(1) 1.18 The applicant shall abide by the proposed security plan and conditions
contained herein and shall ensure that demolition and major construction
activities will occur on Saturdays or when daycare is not in session.
(1) 1.19 All colors, materials, and architectural features shall be installed and
maintained as shown on the approved plans. No changes to the exterior
building colors, materials, textures, or features shall be permitted unless
approved by the Community Development Director.
(1) 1.20 No outdoor storage shall be permitted except as approved by the
Community Development Director.
ExhibilA
Resolulion4044
CUP06-010&DR06-015
Page 4
(1) 1.21 The on-sile landscaping shall be maintained in a healthy and vigorous
condition. Maintenance shall include, but is not limited to, trimming, mowing,
weeding, removal of liller, fertilizing, regular watering, and replacement of
diseased or dead plants.
(1) 1.22 The exisUng pole sign shall be removed prior to issuance of Certificate of
Occupancy. A separate sign permit shall be obtained for installation of
any new signs. All signs shall comply with the Tustin Sign Code and shall
incorporate and be compatible wilh the building design.
Plan Submittal
(3) 2.1 At plan check submittal, the. plans shall identify the location, material, and
height of the proposed fencing including gates and other accesses. A new
block wall shall be provided along the western property line adjoining
residential properties.
(3) 2.2 At plan check submittal, the plans submilled shall identify surface materials
for the outdoor activity area. The surface materials shall be adequate and
acceptable to the City and State of Califomla Community Care Licensing to
ensure the safely of the children.
(3) 2,3 At plan check submittal, the plans shall identify occupant load calculation as
per Table 10-A of the Uniform Building Code.
(3) 2,4 At plan check submittal, show construction fencing and staging to separate
the construction zone from non-construction areas including construction
. parking and employee parking areas.
(3) 2.5 At the time of building pennit application, the plans shall comply with the
2001 California Building Code (CBC), 2001 California Mechanical Code
(CMC), 2001 California Plumbing Codes (CPC), 2004 California Electrical
Code (CEC), California Tille 24 Accessibility Regulations, 2005 Tille 24
Energy Regulations, City Ordinances, and State and Federal la\lv'S and
regulations.
(3) 2.6 Building plan checksubmillal shall include the following:
. Seven (7) sets of construction plans, including drawings for
mechanical, plumbing, and electrical.
. Two (2) copies of structural calculations. (when applicable)
. Two (2) copies of Title 24 energy calculations. (when applicable)
Exhibit A
Resalution4044
CUP06-010&OR00-015
Page 5
. Elevations that include all proposed dimensions, materials, colors,
finishes, and partial outlines of adjacent buildings on-site and off-
site where applicabie.
. Details for the proposed trellis at main entrance. The trellis shall be
made of heavy timber (not stucco) for entry accent.
. Details for the proposed windows and doors.
. The location of any utility vents or other equipment shall be
provided on the roof plan.
. A precise landscape and irrigation plan in accordance with City's
Landscape and Irrigation Guidelines shall be submitted for review
and approval. The landscape areas need would need to be
designed to provide adequate vehicle turning movement radius. All
plants materials shall be installed prior to final inspection.
. Details of all proposed lighting fixtures and a photometric study
showing the location and anticipated pattern oflightdislribulion of all
proposed fixtures_ All new light flxlures shall be consistent with the
archilecture of the building. All exterior lighting shall be designed and
arranged as not to direct light or glare onto adjacent properties,
including the adjacent streets. Wall-mounted fixtures shall be directed
at a gO-degree angle directly toward the ground. All lighting shall be
developed to provide a minimum of one (1) foot-candle of light
coverage, in accordance with the City's Security Ordinance.
. 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) 2.7 The plans submitted shall indicate that restrooms are accessible to persons
with disabilITies as per State of California Accessibility Standards (Tille 24).
Piumbing fixture units are required to comply with the 2001 California
Plumbing Code Chapter four (4) Table 4-1 as per type of group occupancy.
or as approved by the Building Qfficial.
(1) 2.8 Prior to issuance of a demolition, precise/rough grading,' and/or building
permit with valuation of $50,000 or greater, the applicant shall submit for
approval by the City of Tustin, Construction & Demolition (C&D) debris
ExhibjtA
Resolution 4044
CUP 06.~'J10 & DR 06-015
Page 6
collection, disposal, and diversion information on the City-prescribed
forms.
At least 50 percent of the construction debris shall be diverted from the
landfill to the recycling plants. A security deposit in the amount of $50 per
ton (not to exceed $5,000 per project) for a C&D security deposit will be
collected prior to issuance the permit. Prior to final inspection, the
applicant shall submit to the City of Tustin documents (Le. receipt from
vendor) showing actual weight or volume of each material of C&D diverted
to the recycling center.
(1) 2.9 The applicant shall comply with all City policies regarding short-term
construction emissions, including periodic watering of the site and prohibiting
grading during second stage smog alerts and when wind velocitles exceed
15 miles per hour.
(1) 2.10 Pursuant to the City of Tustin's Security Ordinance and the Uniform Fire
Code, street numbers shall be displayed in a prominent location on the
street side of the building. The numerals shall be no less than six (6) inches
in height and shall be of contrasting color to the background to which they
are attached and illuminated during hours of darkness.
(1) 2.11 An adequate size trash enclosure with solid metal, self-closing, self-latching
gates is required to be located on the property and maintained to avoid
health issues for neighboring commercial and residential areas.
Said enclosure shall be screened by a solid decorative wall consistent with
the adjacent building's material and finish and be of a minimum height of six
(6) feet. The actual location of the enclosure and types of screening and
details of the enclosure shall be submitted at building plan check and are
subject to approval by the Community Development Department. The
location of the bin, size, and quantity shall be reviewed and accepted in
writing by Federal Disposal Service.
Public Works/Enaineerinq
(1) 3.1 At plan check, a striping and signing plan to provide adequate access and
on-site circulation shall be provided. The plan shall be signed and
stamped by a State of Califomia registered Civil Engineer with proper
experience in preparing these types of plans.
(1) 3.2 A separate 24" x 36" street improvement plan, as prepared by a California
Registered Civil Engineer, shall be required for all construction within the
public right-of-way. The applicant shall construct and/or replace any
missing or damaged public improvements adjacent to this development,
Exhibit A
Resolution 4044
CUP 06-010 & DR06-015
Pagel
including but not limited to the existing driveways and sidewalk. Said plan
shall include, but not be limited to, the following:
a) Curb and gutter 1) Domestic water facilities
b) Sidewalk, including curb ramps g) Sanitary sewer facilities
for the physically disabled h) Underground utility connections
c) Drive aprons
d) Street lighting
e) Catch basin/storm drain lateraisl
connection to existing storm drain system
In addition, a 24" x 36' reproducible construction area traffic control plan, as
prepared by a California Registered Traffic Engineer or Civil Engineer
experienced in this type of plan preparation, may be required.
(1) 3.3 Adequate horizontal and vertical intersection sight line shall be provided.
In general a 25' x 25' limited use area triangle provides adequate sight at
typical driveways. Additional sight evaluation, however, could be required
to satisfy City of Tustin Standard Drawings and Design Standards for
Public Works Construction No. 510 for all affected streets. The sight lines
would be shown on the grading plan and landscape plan. If detailed
analyses are requested, all landscaping within the limited use area would
need to comply with City of Tustin Standard Drawings and Design
Standards for Public Works Construction No. 510.
(1) 3.4 Existing sewer, domestic water, reclaimed water, and storm drain service
laterals shall be utilized whenever possible.
(1) 3.5 Any damage done to existing street improvements and utilities shall be
repaired before issuance of a Certificate of Occupancy.
(1) 3.6 Prior to any worn in the public right~of-way, an Encroachment Permit shall
be obtained from and applicable fees paid to the Public Works
Department.
(1) 3.7 The applicant shall satisfy dedication and/or reservation requirements as
applicable, including but not limited to dedication of all required street and
flood control right-of-way easements, vehicuiar access rights, sewer
easements, and water easements defined and approved as to specific
locations by the City Engineer and other agencies.
(1) 3.8 Current Federal Americans with Disabilities Act (ADA) requirements shall
be met at the drive aprons and sidewalk.
ExhibilA
Resolution 4044
CUP 06-010 & DR06-015
PageS
(1) 3.9 In addition to the normal full-size plan submittal process, all final
development plans including, but not limited to: tract maps, parcel maps,
right-of-way maps, records of survey, public works improvements, private
infrastructure improvements, final grading plans, and site plans are also
required shall be submitted to the Public Works Department/Engineering
Division in computer aided design and drafting (CADD) format. The
standard fiie format is AutoCAD Release 2004 having the extension DWG.
Likewise, layering and linetype conventions are AutoCAD-based (latest
version availabie upon request from the Engineering Division). In order to
interchangeably utiiize the data contained in the infrastructure mapping
system, CADD drawings shall be in AutoCAD 'DWG" format (Le.,
produced using AutoCAD or AutoCAD compatible CADD software). The
most current version of AutoCAD is Release 2004. Drawings created in
AutoCAD Release 2000 are compatible and acceptable.
The CADD files shall be submitted to the City at the time the plans are
approved and updated CADD files reflecting "as built" conditions shail be
submitted once all construction has been completed. The subdivision
bonds will not be released until the "as built' CADD files have been
submitted.
(1) 3.10 This development shall comply with all applicable provisions oflhe City of
Tustin Water Quality Ordinance and all Federal, State, and Regional
Water Quality Control Board rules and regulations.
(1) 3.11 Project Recycling Requirement- The City of Tustin is required to comply
with the recycling requirements contained in the California Integrated
Waste Management Act of 1989. To facilitate City compliance with this
law, the Project Applicant is required to comply with Section 4327 of the
Tustin City Code which details requirements for developing and
implementing a Waste Management Plan.
(1) 3.12 Commercial
a. The Applicant, Property Owner, and/or tenant(s) are required to
participate in the City's recycling program.
b. Prior to issuance of a building permit, a solid waste recycling plan
identifying planned source separate and recycling programs shall
be submitted and approved by the City of Tustin Public Works
Department.
Oranae Countv Fire Authoritv
(5) 4.1 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
ExhibilA
Resolution 4044
CUP06-010&DR06-015
Page 9
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.
(5) 4.2 Prior to the issuance of a building permit, pians 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) 4.3 Prior to the issuance of a building permit, the applicant shall submit plans
for any required automatic fire sprinkler system in any structure to the Fire
Chief for review and approval. Please contact the OCFA at (714) 573-
6100 to request a copy of the "Orange County Fire Authority Notes for
New NFPA 13 Commercial Sprinkler Systems." Prior to the issuance of a
certificate of occupancy, this system shall be operational in a manner
meeting the approval of the Fire Chief.
F.os
(1) 5.1
Prior to issuance of any building permits, payment shall be made of all
applicable fees based upon those rates in effect at the time of payment,
including but not limited to, the following:
a. Building plan check and permit fees to the Community Development
Depi;lrtment.
b. Orange County Fire Authority plan check and inspection fees to the
Community Development Department.
(1) 5.2 Within forty-eight (48) hours of approval of the subject project, the applicant
shall deliver to the Communrty 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 DfOpartment the
above-noted check, the statute of limitations for any interested party to
challenge the environmental determination under the provisions of the
California Environmental Qualrty Act eouid be significantly lengthen.