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HomeMy WebLinkAboutPC RES 4044 RESOLUTION NO. 4044 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY 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 defermines as follows: A. That a proper applicatiof' 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 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. 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, by the Planning Commission. D. That the establishment, maintenance, and operation of a daycare use 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 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 autf10rized 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 --~...._---_.._-----".._-----."'-----~---------_..- Resolution No. 4044 GUP06-010 and DR06-015 Page 2 neighborhood, nor be injurious or detrimental to the property and improvements in the neighbOll1ood 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 separation between temporary daycare activity and construction activity will be provided and that a supervisor or security guard wiil 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, materiais, 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 Reguiations (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 CUP06-010 and DR 06-015 PageS PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 27111 day of November, 2006. &,. ~'.J. ~d/lrs::.~~ 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, held on the2ih day of November, 2006. a;...?*;;;2_~/: ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A RESOLUTION NO. 4044 CONDITIONAL USE PERMIT06.010 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 Exhibit. 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 01 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 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 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 01 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) (6) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY Exhibit A Resolution 4044 CUP 06.010& DR 06.015 Page 2 (1) 1.5 Any violation of any of the conditions imposed is subject to the p aymentofa 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 altorneys' 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 pennanentlicense from the State of Califomia Community Care licensing, and a copy of the license shall be delivered to the City prior to issuance of a Certfficate of occupancy for the permanent daycare use. Said license shall be posted within public view within the facility. (1) 1.8 Based upon the number 01 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 (96) students can occupy the daycare use at any given lime. Any request for an increase in the number 01 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 additional 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 fira 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 limited 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 pickup. Exhibit A Resolution 4044 CUP06-010& DR 06-015 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 ot 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 children, daycare personnel, and parents/guardians at all times that children are present on the site. The applicant shall ensure that said personnel and/or guard ensure that there is no interaction between the construction activity and children, parents/guardians, teachers, or other daycare personnel. Said personnel shall be skilled and equipped to handle safe and effective evacuation in the event of anyon-site incident. The applicant shall allow the City to conduct periodic inspections and the current $1 0,000 deposit for trailer removal may be used to cover the cost of inspections. 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. Exhibit A Resolution 4044 CUP06.010&DR06.015 Page 4 (1) 1.21 The on-site landscaping shall be maintained in a hea~hy and vigorous condition. Maintenance shall include, but is not limited to, trimming, mowing, wooding, removal of litter, fertilizing, regular watering, and replacement of diseased or dead plants. (1) 1.22 The existing 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 with the buiiding design. Plan Submiftal (3) 2.1 (3) 2.2 (3) 2.3 (3) 2.4 (3) 2.5 (3) 2.6 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. At plan check submittal, the plans submitted shall identITy surface materials for the outdoor activity area. The surface materials shall be adequate and acceptable to the City and State of California Community Care Licensing to ensure the safety of the children. At plan check submittal, the plans shall identify occupant load calculation as per Table 10-A of the Uniform Building Code. At plan check submrrtal, show construction fencing and staging to separate the construction lone from non-construction areas including construction parking and employee parking areas. At the time of building permit application, the plans shall comply with the 2001 California Building Code (CBC), 2001 California Mechanical Code (CMC), 2001 California Plumbing Codes (CPG), 2004 California Electrical Code (CEG), California Title 24 Accessibility Regulations, 2005 Title 24 Energy Regulations, City OrdinanCeS, and State and Federal laws and regulations. Building plan check submittal 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 Resolution 4044 GUP06-010&DR06-015 Page 5 . Elevations that include all proposed dimensions, materials, colors, finishes, and partial outlines of adjacent buildings on-site and off- site where applicable. . 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 male rials shall be installed prior to final inspection. . Details 01 all proposed lighting fixtures and a photometric study showing the location and anticipated pattern of light distribution of all proposed fixtures, All new light fixtures shall be consistent with the architecture of the building. All exterior lighting shall be designed and arranged as not to direct light or glare onto adjacent properties, includingtheadjacentstreets.Wall-mountedfixturesshallbedirected at a 90-degree angle directly toward the ground. Alllighling 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 (Title 24). Plumbing 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 Official. (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 ExhibHA Resolulion4044 CUP06-010& 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 (i.e. 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 sile andprohibiling grading during second stage smog alerts and when wind velocities 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 01 darkness. (1) 2.11 An adequate size trash enclosum 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 residentialaraas_ 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 01 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/EnQineerinQ (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 California 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 ali construction within the public right-ai-way. The applicant shall construct and/or replace any missing or damaged public improvemen!s adjacenl to Ihis development, .-------.------------ ..------ Exhibit A Resolution 4044 GUP06-010& DR 06-015 Page 7 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 f) 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 laterals! connection to existing storm drain system In addifion, a 24" x 36" reproducible construction area traffic control plan, as prepared by a Caiifornia 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 a25' x25' 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 work 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 01 all required street and Ilood control right-ol-way easements, vehicular 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. (1) 3.9 In addition to the normal lull-size plan submittal process, all final development plans including, but not limited to: tract maps, parcel maps, - ~. . , . ~ Exhibit A Resolution 4044 CUP06-010&DR06.01S PageS right-of-way maps, records ot survey, public works improvements, private infrastructure improvements, final grading plans, and site plans are also required shall be submitted to the Public Works DepartmenVEngineering Division in computer aided design and drafting (CADD) format. The standard file format is AutoCAD Release 2004 having the extension DWG. Likewise, layering and linetype conventions are AuloCAD-based (latest version available upon request from the Engineering Division). In order to interchangeably utilize 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 shall be submitled once ail 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 prolfisions of the 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 fhis 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 panicipate in the City's recycling program. b. Prior to Issuance of a building pe'mit, a solid waste recycling plan identifying planned source separate and recycling programs shall be submitted and approved by ^he City of Tustin Public Works Department. Oranqe County 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 per the "Orange County Fire Authority Plan Submillal Criteria Form." -._--------- ----------,- .------------- Exhibit A Resolution 4044 CUP06-0tO&DR06-015 Page 9 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 01 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) 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. Fees (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 Department. 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 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 documentationfortheproject. 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 environmentai determination under the provisions of the California Environmental Quality Act could be significantly lengthen.