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HomeMy WebLinkAbout03 AMEND CUP 01-031 01-02-08 AGENDA REPORT MEETING DATE: JANUARY 2, 2008 TO: WILLIAM HUSTON, CITY MANAGER FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: APPEAL OF A PLANNING COMMISSION DECISION TO AMEND CONDITIONAL USE PERMIT 01-031 TO ALLOW MEDICAL/DENTAL CLINIC USE SUMMARY On November 20, 2007, the City Council appealed the Planning Commission's decision to approve Amendment to Conditional Use Permit 01-031 to allow amedical/dental clinic use at 1 Hope Drive. The project is proposed at the Village of Hope by the Orange County Rescue Mission (Applicant) and was approved by the Planning Commission on November 13, 2007. RECOMMENDATION: The City Council may take the following actions: • Take no action; thereby, leaving the Planning Commission decision to stand; • Deny the use of medical/dental clinic use and request that staff return with a City Council resolution reversing the Planning Commission's decision; or, • Remand the matter back to the Planning Commission for further discussion and investigation of alternatives. FISCAL IMPACT: No fiscal impacts are anticipated for any action the City Council wishes to take. BACKGROUND: The Village of Hope property is located at the northwest corner of Lansdowne Road and Hope Drive within the Tustin Legacy project site (Attachment A -Location Map). The property is bounded by vacant land owned by the South Orange County Community College District and Valencia Avenue to the north, Lansdowne Road to the east, Hope Drive to the south, and Red Hill Avenue to the west. 1 Hope Drive Appeal of Planning Commission Decision January 2, 2008 The project site consists of two dormitory buildings, originally constructed as barracks for the Marine Corp Air Station (MCAS) Tustin by the U.S. Navy, and two new buildings that provide for Village of Hope administration, cafeteria, warehouse, and auditorium uses (Attachment B -Site Plan). On December 10, 2001, the Planning Commission adopted Resolution No. 3817 approving Conditional Use Permit 01-031 fora 192-bed transitional housing facility at the subject property and accessory uses such as administration offices, warehousing, and an auditorium intended to support residents of the Village of Hope. In July 2007, the Applicant indicated that they intended to transfer their current health clinic license from a location in the city of Santa Ana to the Village of Hope campus. The original approval documents did not include a medical and dental clinic use serving persons not residing at the Village of Hope. As an example, the original application and approval only described the accessory uses would serve the residents of the facility and the required parking was based on the number of beds proposed for the transitional housing use. Condition 3.1 of Resolution No. 3817 could allow on-site ancillary uses consistent with the mission of the provision of transitional housing if authorized by the City Manager. However, it was determined that this condition was not applicable because the intent of the clinic is to provide service to the general public and not exclusively to the transitional housing residents on-site. According to the MCAS Tustin Specific Plan, a medical and dental clinic is listed as a conditionally permitted use in the Transitional/Emergency Housing land use area of the Village of Hope site. The Applicant submitted a request to amend the original Conditional Use Permit 01-031 to include a medical and dental clinic use at the transitional housing facility. On November 13, 2007, the Planning Commission adopted Resolution No. 4075 approving Amendment to Conditional Use Permit 01-031. DISCUSSION: Project Description and Associated Issues Amendment to Conditional Use Permit Proposal The applicant proposes to operate a medical and dental clinic at the project site and would serve persons not residing in the Village of Hope. The clinic would be located on the first floor of Building B (Men's Dormitory) and occupy approximately 4,000 square feet. The proposed clinic would consist of four (4) exam rooms, one (1) procedure room, two (2) dental rooms, doctor's office, and a pharmacy (Attachment C -Floor Plan). The clinic would provide services to at least fifty (50) patients per day by appointment only. No walk- ins would be allowed. The proposed clinic business hours are from 8:00 AM to 6:00 PM, Monday through Saturday, and closed on Sunday. 1 Hope Drive Appeal of Planning Commission Decision January 2, 2008 Parking The 192-bed transitional housing use requires forty-eight (48) parking spaces per the parking ratio of 1 space/4beds. The project site provides sixty-four (64) parking spaces in the parking lot; therefore, there are sixteen (16) surplus parking spaces. In addition to the spaces provided in the parking lot, the basketball court area along the northeast property line has been designated for overflow parking. Pursuant to Table 3-6 of the MCAS Tustin Specific Plan, the proposed 4,000 square foot medical and dental clinic would require an additional twenty-four (24) parking spaces per the parking ratio of 6 spaces/1000 square feet of gross floor area. To address the additional parking requirement, the applicant submitted a parking survey report conducted by LSA Associates, Inc. at the existing clinic location in Santa Ana (Attachment D). The report states that the peak parking demand observed was eleven (11) parking spaces; eight (8) parking spaces would be adequate for most of the business day. Although the site's surplus parking is deficient eight (8) parking spaces to meet the required twenty-four (24) parking spaces, the maximum parking space demand is eleven (11) spaces based on the parking survey report prepared by LSA Associates, Inc., and the existing sixteen (16) surplus parking spaces would be sufficient for the proposed clinic. Condition 2.4 of Planning Commission Resolution No. 4075 allows the City to monitor the parking and traffic conditions and require any necessary mitigation if a parking or traffic problem occurs in the future. Access to Facility The Village of Hope project site is a secure facility in which access to the facility is controlled by the Orange County Rescue Mission. Access to the medical and dental clinic would be through a security gate at the main entrance and through a courtyard across the building complex. To ensure safety of the clinic's clients and transitional home residents, security personnel will be provided with a daily list of patients with clinic appointments and those patients will be issued a visitor badge that only allows them access to the clinic. ENVIRONMENTAL ANALYSIS This project is Categorically Exempt pursuant to Section 15301 Class 1 of Conditional Code of Regulations (Guidelines for the California Environmental Quality Act). Edmelynne V. Huffer Associate Planner Elizabeth A. Binsack Community Development Director 1 Hope Drive Appeal of Planning Commission Decision January 2, 2008 Attachments: A. Location Map B. Site Plan C. Floor Plan D. Parking Study Report E. Planning Commission Minutes dated November 13, 2007 F. Planning Commission Resolution No. 4075 G. December 10, 2001 Planning Commission Report and Resolution 3817 S:\Cdd1CCREPORTWppeal CUP 01-031 (Amendment to CUP).doc ATTACHMENT A LOCATION MAP NO Sf SIT !_ ~) - -., ~ =~I _ ,~~ '~ ~ ,J~~~~l ~J~ ~ ;~-_, -;~~~ -u~l~c t 1(-= ~L~I~. ;~_ f~( J ~--- _ S', 8= ~ J J~1~ ~ ~a ~. ~~= X55 . ''~ I. s t , ~ ~r s.~ r ~~~ 1~ i ~~~ t ' d i r. ' ~~ i . 1 _ t J~ ~, , , ~ 'i ~ .. - N. F ~ i ~ ~ ~ r' .~y - i .... ~~ 1 n ~ .. ~ '~ tit °~~ :. ~I~~~a~h?. ~ ' .3 r r/ ~ ~ } ~I ( I~ ~ 6 ...~' ~ a fa ~/ i, - ~ I 'r~;'''~; I ` ~ ~N`. - - ~ i~~ L ~ ll~~ f-..T -~ ~ ti. (~~' ``~ ~14 .. ~I-~ r \~ ~ ~ S -_ ') :,l ~ ~ n f~;.~ l Iu f ~NN1~Ir ,~ , ~ w` f yK II J 1~ _ ~MIwN!~ .. --~~Z~t!~ SL~~, -~l ~ .v/y~"' .~ 4 ' ~' - -o~iM nwvr _ c ~ Ll yg . `^, .. l ,_ , _ _ (~ _ I; -. ..~ic$~~c~~ dP'W:'lu'ia'lf~+'~rEeru l'~r---~[-cast~r'~ ~~\~ ~ j\i/~,. ~~P ~ ~I~ i ~.~>,~. 1 ' ~ )) 1p ~~~/ ~ F~ FN CEP ~(i.Mi~ H ~, ri / \\ /, / 1l ` " roNw `mss- ~. ~ ~~%~ - ~- ~ ~\\l~V,/~ Y/~~ ~ Cti ~ •111 ~. 1 ~mi ~. •~.\. ~~ ~~,r ~) ~ ~~ ~ :< i ~ ~~ ~( _,_ ~~ r~ ~~S i ~~ t EGEND ~ •:`-~. ) / ~' ~ f\\ ~) -~ Uc~n~~t\ ~" ~ \ ,~/r CITY \~~ ~c~~~ ~.E 1i ,('~~ ,~`i~~~)(f ~ ~~ J/~ - c:ITt.~1nr ~Innn a. ~' - ~ ,~ ~ ~, -~ ~ I ~v ~ , ~ ~~`, MAP r~> ~ J[_ ~ - ' / ~i` l~ Amendment to CUP 01-031: Location Map --- ---- - - - _ ~ ~tY ~ ~/ II ~. ~: ~ - ~ _~. _ ' J f ~~ f'' ATTACHMENT B SITE PLAN ~j 9 ~ r--~ .~~ ~, _ =3 ~~~ N ~ ~ _ _ G - --- -~..~ I,jI II ~!II I ~;,i~ II'' il! ~;ijl' ,ills ,~i,I «~ - 1 ~fI~I' lil Iii' VIII 'll i ~~ 5 ~.sll~ lii ~Illi~'„III ,III 1°3 ~ ~~ ~~i~ ,li' ~~~ i - =~; -~ - __ I ~ ~ L _ - I ~ it ~ p ~_ ~ _~~ , i *; i i~ .~ ~ N ~~ ~~ V. ~ .. j -' 11 I}- _ _. - - _ _ - - _~~ _ T _ x k. -- ~~ ' ~ _... ._ 1 ~ i I _I ; I~ ii ~I y i I -V. I ~~ ? ~,`~ .~`-eKr;w~w~r~r..~..ri ..~:....y ,i:~. S€ it ~~ +t ~~} _ I ,~~ ~ _ ~' ~ _s ~ e ~ .~. I _ _ _ j(1 II ~ti . ~ t I . v y ;, _ ~x ~ ~ a ,.~, d '. r ~----' . ~~ , 4 , Q I e 4, I L ° . sg ~ -- e -~ -a. __ _. -- ~' 3 A+ E d ~ ~'. ~ ~ ~ i W ~ I ti l FF i . ~ -~ ~ ~~-~ Y~ T.~T T~ < ~., ~, ~ ~~ 'I =i ,,I ii- ~~ ~_ .~ ~' ~ Ea' y, ~- f ^~ ^ i _ _' ~ ~ _ _ ~~ `-s 3~ *~ 2 4 _ ___ _. _ ~~ - :~ $ -- - - o .-.. .- ..~ .- ,. sN .. :. -~ _ \ i 1 ~, 5 "! .' ~- \~ 17~.., ~ f..,n6 i c v ;, y l - ' .~ 1i _ ~. I .. ~ ,,~ . • r r~ J • ~ • ~ - - /I~ I ~T ( T ~ r;: '; _. -Y - - - -- -._- ~. , y ~__~ ~~._~~ f ~~ r. l I I I lid Iii X4 $ x ~ I jc ~,. 1 ' g 1 7 ~, z ~; t. U 5~ ~t ~, W ,,: ~~ _, ~--_ ~, z o ~ ~ ~~ ~ ~ z - is ~ ~F xe _7 ~ d , ~ _~~ , J yy 1 ~ ~ ~ {L ff ~ X i ~ s ~1 ~ ~~. Y ~ ~ 2:: ~ ` ~ _ .r Y >. _ W W k _ ~~ • ~ ~ ~.. ~> J L) (~ 1. L `* ~ _ ^` ~~ ;~ ~ ~ ~ J ~ L, : 'A V•/• y r ~ ~` f} ~_p 3 ' _ ~ T .~ ( L ~ U: - M ~~~ ~~ ~ ~~~ ~ o 4 '~~ ~ . ~, x ~ `~~ C- ^ L L 'Y . p c r •_ y e tt ;r z ~ _ ~ ~.' f2 O r ~.,~T a W Y __ µ~ \. ~ ~ Q '\ t+ \` d~ \ ~'~ \:, ~\ ~. n `. \~ \ /'' ` ~~ ~~ ATTACHMENT C FLOOR PLAN C _N i O _O LL M O U 0 a~ c a~ Q ATTACHMENT D PARKING STUDY REPORT LSA ASSOCIATES, INC. L 20 BXECUTIVE PARE. SUITE 100 IRVINE. CALIFORNIA 91614 BERKLEY FORT COLLINS RIVERSIDE 949.553.0666 TEL CARLSBAD PALM SPRINGS ROCLLIN 949.353.8076 FAX COLMA POINT RICHMOND SAN LUIS OBISPO October 16, 2007 Mr. John R. Luker Orange County Rescue Mission One Hope Drive Tustin, CA 92782 Subject: Orange County Rescue Mission (OCRM) Health Clinic Parking Survey Dear Mr. Luker: This letter presents the results of a parking survey conducted over six business days, Wednesday October 3, 204?, through Wednesday October 10, 2007, to verify the arrival mode of transportation for clients of the clinic. The survey documentation is attached to this letter. The results of the survey are summarized in the following table; Arrival Mode Date Walk Bus Drive 10/3 13 3 16 10/4 5 S 15 10/S 9 11 27 10/8 2 10 13 10/9 3 9 20 10/10 5 0 19 Total 37 38 110 The results of the survey indicate that on average 20 percent of the clients walk, 21 percent arrive via bus, and 59 percent drive. It can also be concluded that the peak parking demand by clients was approximately 11 spaces and 8 spaces being adequate in all time periods except one. Sincerely, LSA ASSOCIATES, INC. Les Card, P.E. Principal and CEO Attachment: Parking survey data sheets (6) PLANNING - ENVIRONMENTAL SCIENCES - DESIGN 10411/2007 07:14 7145714534 CASA DE SALUD PAGE 02 ~ 0 a- 0 .Q w .. ~ 'O w .. °a '~'! .i ,. o .~ ~ ~~ ~ ~ ~ cs o ~ Q o a 3 ~ y ~ ~ o ~ ~ ~ ~I e~ ~r 3 ~ Q ~I C Q ~` ar ... w~ 1010/2007 08:26 7145714534 CASA DE SALUD PAGE 02 ~J tQ V w ~ ~ a ~ °a ~ ~ ~ ~ ~' ~ ~ ~' ~ 0 0 0 ___y_ ,,,,..._,. m ~~ o. a ~-- a -, 0 8' sr m ~~ Z0 3Jtld Qfl1t~S 3Q dSti'J bESb tLSb tt 6Z ~ L0 L00Z /60 /0 t 10/08/2007 07:47 ~ 7145714534 GASH DE SAL.UD PAGE 02 v N ~l a O ~i Q ~ ~ i~ Ci ~ ~D Q ~ ~ ~i .. ~ ~ ~ ar ~ ~ .. ~ Q ~' ea Q ~ir O ~ '3i C! O ~-^i ~ ~. ~. ~-.- ~. ~ ~ ~, . . a ~. ~ , -~ a ~' w~ 10/04/2007 16:10 7145714534 CASA I?E SALUD PAGE 02 ~~ ~ ~ ~- ~ 0 w '~ 0 N ~ ~ i o ~ -~ ~ v 3: -~ o p 0 +~; ~ a 0 ~ ~ ~ 'V ~ 3 3 m ~ . ~ ~ tL ~. -~ Q O ti ~~ ~~ 4~ w 1 S9 d C~ ~ i0~ O ~ O O ~ j O t1 '~ w# ~ ~ ~r ~ ~ O 3~• ~ ~ O ~ O d ~ir Q O " O d 3: ~! ~ ~~ 3 . ~- to ~.,.:- -- a cy m m'' Q a _~ -~ Z0, 3Jtid Qf1~S 3Q t~SbJ bE5titL5tiTL 80 ~9t L00Z/E0/0I ATTACHMENT E PLANNING COMMISSION MINUTES DATED 11-13-2007 MINUTES REGULAR MEETING TUSTIN PLANNING COMMISSION NOVEMBER 13, 2007 7:00 p.m. CALL TO ORDER Given PLEDGE OF ALLEGIANCE Puckett absent ROLL CALL Present: Chair Nielsen, Chair Pro Tem Puckett Commissioners Kozak, Murray, and Thompson Staff present Elizabeth Binsack, Community Development Director Christine Shingleton, Assistant City Manager Tim Serlet, Director of Public Works Doug Anderson, Transportation/Development Services Manager David Kendig, Deputy City Attorney Terry Lutz, Principal Engineer Justina Willkom, Senior Planner Edmelynne Hutter, Associate Planner Ryan Swiontek, Associated Planner Eloise Harris, Recording Secretary None PUBLIC CONCERNS CONSENT CALENDAR Approved 1. APPROVAL OF MINUTES - OCTOBER 23, 2007, PLANNING COMMISSION MEETING. It was moved by Puckett, seconded by Kozak, to approve the Consent Calendar. Motion carried 5-0. PUBLIC HEARINGS Adopted Resolution 2. TENTATIVE TRACT MAP 17144 SUBDIVIDING A 131- No. 4068, as ACRE SITE INTO 12 NUMBERED LOTS AND 28 modified by staff LETTERED LOTS FOR THE PURPOSE OF prior to the meeting DEVELOPMENT OF COMMERCIAL BUSINESS, OPEN SPACE, PUBLIC STREETS, AND FLOOD CONTROL FACILITIES. APPLICANT: TUSTIN LEGACY COMMUNITY PARTNERS Minutes -Planning Commission 11-13-07 Page 1 PROPERTY CITY OF TUSTIN OWNERS: TUSTIN PUBLIC FINANCING AUTHORITY LOCATION: PROJECT' SITE GENERALLY BOUNDED BY WARNER AVENUE TO THE NORTH, ARMSTRONG AVENUE TO THE EAST, BARRAN CA PARKWAY TO THE SOUTH, AND RED HILL AVENUE TO THE WEST ZONING: MCAS TUSTIN SPECIFIC PLAN PLANNING AREAS 9 THROUGH 12 RECOMMENDATION: That the Planning Commission adopt Resolution No. 4068 recommending that the City Council approve Tentative Tract Map 17144 to subdivide a 131-acre site into 12 numbered lots and 28 lettered lots for the purpose of development of commercial business, open space, public streets, and flood control facilities. 7:02 p.m. The Public Hearing opened. Willkom Presented the staff report, pointing out the suggested modifications that were provided at the dais. Thompson Asked staff to explain the detention basin area that appears to overlay the park and whether or not this would be a combined use with the Orange County Flood Control District (OCFCD) or a part of the City facilities for storm drain purposes. Willkom Suggested that Doug Anderson, Transportation and Development Services Manager, should answer that question. Anderson Stated that the basin is a requirement of the OCFCD for improvements to the Barranca Channel which is currently an impaired water body and is deficient; one of the requirements was to retain some of the flow on-site; the basin will function as a joint- use facility; in the off season, when there is no flow, it will be maintained as a passive open space and may be used for recreational purposes; there is also a 24-inch low-flow pipe that will be installed adjacent to the current channel which would catch the nuisance flow from Red Hill and the site and transfer those through the property; the only time water is expected to be retained is after Minutes -Planning Commission 11-13-07 Page 2 a large, intense rainfall; there are inlet and outlet structures, everything that would be in a normal basin, will be included. Thompson Asked if that becomes a facility that the County operates as a flood control device. Anderson Indicated that it is a County requirement that the master developer through the association will provide the landscaping; the various inlet/outlet structures will be maintained. Nielsen Suggested that this area will be used as a Linear Park unless a significant rainfall would require it as a retention basis. Kozak Asked if there will be any improvements to the Barranca Channel. Anderson Answered in the affirmative, probably from Aston easterly to link up with the covering of Barranca Channel just west of Tustin Ranch Road that the District development is improving; it will all be a covered channel Thompson Referred to the reference on page 3 is to open space as a flex use; and, asked if this would be private or public acreage. Willkom Responded that the open spaces are private areas with the exception of the sports field planned for Lot 9 which will be public. Nielsen Questioned whether the park facilities with open space with a perpetual public easement would be maintained by the homeowners association. Willkom Answered in the affirmative. Nielsen Asked for clarification regarding a possible gymnasium or other private park areas that the public would not be able to access in the Linear Park area. Willkom Replied that all the Linear Park area will be open to the public. Nielsen Stated his understanding that the perpetual public easement is ongoing with no time limit. Willkom Answered in the affirmative. Puckett Asked staff to repeat the numbers of the conditions that were modified. Minutes -Planning Commission 11-13-07 Page 3 Willkom Reiterated the condition numbers: 2.1, 6.1, 6.5, and 11.2.t. Director Added that Condition 13.3 is proposed to be eliminated. Thompson Recommended that Item J on the revised resolution referencing sewer in relation to the Regional Water Quality Board should be changed to storm runoff. Director Stated the condition is accurate. Nielsen Asked if it is accurate now or would be accurate as modified by Commissioner Thompson's suggestion. Kendig Indicated that it will be accurate if it is revised to state storm runoff. Kozak Referred to page 13 of the Environmental evaluation; it is encouraging to see the improvements to Red Hill with the raised landscape median as an example; and, asked for clarification regarding IX. in the last paragraph referencing modifications to parking standards. Willkom Stated that the modification to parking standards was approved by the City Council a few months ago through a zone change proposal; the proposed project tract map will be consistent with what the Council approved. Nielsen Asked why there was no Negative Declaration included in the staff report. Willkom Responded that staff prepared an Initial Study Checklist and requests that the Planning Commission determine that the project is consistent with the program EIR/EIS with no new mitigation or additional environmental impact information required. Nielsen Asked if pedestrian access through the Linear Park across Carnegie and Armstrong would include pedestrian bridges. Willkom Stated there will be a pedestrian bridge across Armstrong. Nielsen Invited the applicant to the lectern. Elizabeth Cobb, Stated the applicant is pleased to have the Neighborhood E representing tentative map, which encompasses the initial entitlement, to begin Legacy Park breaking ground and getting into construction; this is a monumental partners point for the developer. Minutes -Planning Commission 11-13-07 Page 4 Ms. Cobb This is a complex project and this is one neighborhood with two to continued come; the applicant has worked with staff on the conditions; a formal letter was submitted and is incorporated herein by reference; the letter outlined fhe conditions already worked through with staff; the exception would be Condition 6.8 with reference to the Red Hill median and the response to constructing that and working with the City through a reimbursement agreement. Applicant understands the importance of the median to the City and is willing to work with the City as construction begins on the east side of the street and anticipates that the applicant can work collaboratively with the City through the design elements and the construction elements of the median; there are many details in working through the median which the applicant anticipates resolving with the City; the applicant would like to see a concurrent invoice payment to help the applicant deal with cash flow concerns, considering it was not part of the Development and Disposition Agreement (DDA) and what was contained in the infrastructure at that time; this is a highly technical component; applicant is putting forth the comments with the understanding that this can be worked through with staff. Nielsen Asked staff to respond to the applicant's remarks regarding Condition 6.8. Shingleton Stated she had spoken with the City Manager on the applicant's Assistant City request regarding Condition 6.8; the improvements of medians was Manager required by the Specific Plan on other projects similar to Tustin Legacy developers such as Lennar and William Lyon who had the full responsibility for construction of those medians; it was an oversight which was not specifically isolated in the DDA although Red Hill improvements were required; staff has agreed to include the Red Hill median cost reimbursement as an item for which the Redevelopment Agency would compensate the developer with the obligation that the developer would be required to construct the median. The applicant has alternatively requested that, while the applicant assumes a construction role on the median widening, a construction management role on the median is unacceptable to staff; the applicant will have full responsibility; staff recommended full construction of the median and the full right-of--way improvements on the east side of Red Hill Avenue; staff agreed to work through a required reimbursement agreement to provide the developer with segmentation of the physical improvements to allow for adequate reimbursement; the language requested regarding Minutes -Planning Commission 11-13-07 Page 5 concurrence, approval of invoices, and payments cannot be recommended at this point; the segmentation will automatically be concurrent with every invoice that the applicant receives on a construction project; the City will work collaboratively with the developer to find segments which staff determines to be reasonable. It is requested that the Commission trust staff in this regard and not recommend any further alterations to this condition. Kozak Suggested that segmentation of the project and payment for construction will be covered by the proposed reimbursement agreement. Shingleton Answered in the affirmative; adding that this is an expense that the Redevelopment Agency has agreed to accept; it would normally be a developer obligation of the Specific Plan for the developer to construct; this is far in excess of what would be normal; similar conditions have been imposed on other developers at the Legacy. Nielsen Asked if this requirement refers to timing. Shingleton Stated that the requirement refers to timing and construction management versus construction obligation; the City's position is that the obligation for construction shall be the developer's. Nielsen Asked if the applicant had any comment. Ms. Cobb Responded that the Redevelopment Agency is working closely with the developer and the cooperative effort is appreciated; this is not something to hold up the recommendation to move the project to the City Council. 7:27 p.m. The Public Hearing closed. Commission It was the consensus of the Commission that the project be recommended to the City Council, as modified and as proposed by the Assistant City Manager. It was moved by Murray, seconded by Thompson, to adopt Resolution No. 4068. Motion carried 5-0. Adopted Resolution 3. AMENDMENT TO CONDITIONAL USE PERMIT 01-031, A No. 4075 REQUEST TO AMEND THE CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT 01-031 TO ALLOW FOR MEDICAL AND DENTAL CLINIC USE. THIS Minutes -Planning Commission 11-13-07 Page 6 PROJECT IS LOCATED IN THE MCAS TUSTIN SPECIFIC PLAN (SP-1) ZONING DISTRICT. APPLICANT: ORANGE COUNTY RESCUE MISSION ATTN: JOHN LUKER PROPERTY OWNER: CITY OF TUSTIN LOCATION: 1 HOPE DRIVE RECOMMENDATION: That the Planning Commission adopt Resolution No. 4075 approving an Amendment to Conditional Use Permit 01-031 to allow for medical/dental clinic use in conjunction with the approved transitional housing use at 1 Hope Drive, Building B. 7:31 p.m. The Public Hearing opened. Hutter Presented the staff report. Murray Stated his concern was that the survey took place at the Santa Ana location; if there was 20 percent walk-up at Santa Ana, please explain how those statistics relate to the Tustin walk-up. Director Pointed out on the Site Plan the campus environment planned for this location which would not allow for walk-up such as the Santa Ana location; the plan is for individuals to filter through the security area to the proposed clinic; the clinic is intended solely for the individuals who are receiving services from the transitional facility or who have an appointment. Murray Asked if there is any video planned for security of the parking area. Director Suggested that would be a question for the applicant. Puckett Stated the walk-up was also his concern, but staffs explanation answered that concern. Director Added that was the reason for the addition of Condition 2.4. Nielsen Asked if the overflow parking would be in the basketball court area. Minutes -Planning Commission 11-13-07 Page 7 Director Answered in the affirmative. Thompson Asked if staff could explain further about the Santa Ana facility that was used as an analogue for this application. Director Suggested the applicant may want to address this issue; staff was advised that the Santa Ana facility exists in a strip mall, a commercial area wherein common parking is shared with other commercial tenants; the Tustin location would share parking for the pure uses associated with the Village of Hope. Kozak Asked if the area occupied by. the clinic would reduce the 192-bed count for the transitional living center. Huffer Indicated the residents' rooms are located on the second and third floors of that building. Kozak Questioned whether this is a proposed use for an otherwise vacant area in the men's dormitory. Hutter Answered in the affirmative. Kozak Asked if there were conditions related to the disposal of biowaste and security for the pharmacy and pharmaceuticals contained in that pharmacy. Director Answered that those issues would be handled by the licensing agency rather than the City. Kozak Asked what the licensing agency would be. Director Responded it was her understanding that would be the Orange County Health Department. Nielsen Asked if the original plan for this space was for extra rooms in the men's dormitory, storage area, or what. Director Stated it was staffs understanding that it was always the Rescue Mission's desire to provide some sort of health facility. Nielsen Invited the applicant to the lectern. John Luker, Vice Stated the applicant appreciated staffs assistance in bringing this President of the application to the Planning Commission; the medical/dental clinic Orange County was always anticipated to be a part of the Village of Hope and was Rescue Mission part of the original application; there was a major renovation to Minutes -Planning Commission 11-13-07 Page 8 allow for the clinic; the intent was to help other people at that facility, but the parking was an issue; the parking study showed that about half the people would arrive by bus or be dropped off at a nearby location and walk to the facility; therefore, the maximum amount of parking would not be necessary; there are video cameras at the security gate that record everyone who comes into the facility; the clinic use will be by appointment only and everyone's name will be recorded for security purposes. Murray Asked what was anticipated as the walk-up or drop-off numbers. Mr. Luker Responded that the average was anticipated to be 40-50 percent bus traffic or drop-offs. Nielsen Asked how many patients are served monthly, yearly in the Santa Ana facility. Mr. Luker Responded about 40 patients per day; the current facility does not service dental, which will be added to the Tustin facility; about 50 are anticipated per day. Nielsen Asked what sort of medical staff will be available. Mr. Luker Responded there are 8-9 nurse practitioners, medical assistants, and a medical doctor who oversees the staff. Nielsen Questioned the extent of the treatment planned at the facility. Mr. Luker Replied that it will be a primary .care clinic for patients with flus, colds, maintenance of low-income diabetics, some blood work; there will be no surgery, no anesthesia. Nielsen Stated his understanding there would be no emergency designation at this location. Mr. Luker Answered in the affirmative. Murray Asked what mitigation is planned if the circumstances and/or caseload begins to exceed the expectations. Mr. Luker Answered that the facility would have to see how the parking works out and return to staff, if necessary, to determine what changes could be made. Nielsen Questioned whether an addiction treatment is planned at this location. Minutes -Planning Commission 11-13-07 Page 9 Mr. Luker Answered in the negative. Puckett Asked if the facilities will be available seven days a week. Mr. Luker Responded that the 192-bed facility is a 24/7 operation; the clinic will be Monday through Saturday, 8:00 to 6:00 p.m. Thompson Suggested that the space count was determined based upon the campus nature of the site. Mr. Luker Answered in the affirmative. Nielsen Asked if prescriptions will be filled on-site and what sort of security would be put in place. Mr. Luker Stated that most prescriptions will be filled off-site; the facility does receive some donations, such as antibiotics, which are kept in a locked on-site pharmacy and is regulated by the Department of Health with all the requirements of a regular pharmacy. Murray Asked if there will be 24-hour security within the campus. Mr. Luker Responded in the affirmative. Murray Questioned whether that would alleviate any concerns regarding an alarm system in the actual medical facility. Mr. Luker Stated the medical facility will be monitored full time in addition to the on-site staff. 7:50 p.m. The Public Hearing closed. Thompson Questioned whether Condition 2.4 could be qualified with a certain timeframe, such as 12 months, so that it is not left open-ended. Director Indicated that staff has the ability for an annual review, if necessary, but has not typically required a specific timeframe. Nielsen Suggested that, if parking or traffic were to become a problem, staff would have the ability to revisit the issue. Kozak Supported the amendment; this is a good addition to the Rescue Mission. Murray Agreed with Commissioner Kozak. Minutes -Planning Commission 11-13-07 Page 10 Puckett Stated the Village of Hope is a great facility and a welcome addition to the City. Nielsen Indicated he is pleased to see this facility added to the Village of Hope. It was moved by Puckett, seconded by Kozak, to adopt Resolution 4075. Motion carried 5-0. Adopted Resolution 4. Nos. 4069 and 4070 USE DETERMINATION 07-002 AND CONDITIONAL USE PERMIT 07-015 REQUESTING A USE DETERMINATION TO ESTABLISH A DOG DAYCARE, TRAINING, AND BOARDING FACILITY AS A CONDITIONALLY PERMITTED USE IN THE IRVINE INDUSTRIAL COMPLEX SPECIFIC PLAN AND PLANNED COMMUNITY INDUSTRIAL {PC-IND) ZONING DISTRICT AND TO CONDITIONALLY PERMIT THE PROPOSED USE AT 14402 CHAMBERS ROAD. APPLICANT: LAURIE AND DAVE ZURBORG WAGS & WIGGLES DAYCARE, PART DEUX PROPERTY OWNER: THUNDERBIRD PROPERTIES LP RECOMMENDATION: That the Planning Commission: 1. Adopt Resolution No. 4069, approving Use Determination 07-002 to allow for a dog daycare, training, and boarding facility. 2. Adopt Resolution No. 4070, approving Conditional Use Permit 07-015. 7:56 p.m. The Public Hearing opened. Swiontek Presented the staff report. Kozak Asked for clarification regarding the five foot wide sidewalk requirement; he visited the site and saw no sidewalk there now. Swiontek Deferred to Public Works for the answer to that question. Minutes -Planning Commission 11-13-07 Page 11 Lutz Answered that the sidewalk is being added throughout the park. Kozak Asked if that will be a standard condition for the planned community. Lutz Answered in the affirmative, as the projects come through. Thompson Questioned whether or not modifications are planned for the noise aspect. Swiontek Stated that only interior tenant improvements are proposed along with parking lot configuration to meet the current City standards and also landscaping; there will be no new openings cut in the building nor any new doors; the sound study recommended that all windows be closed to comply with the Tustin Noise Ordinance; all recommendations of the sound study have been conditioned; the applicant will have to comply with those recommendations; in addition, the applicant is conditioned to apply sound attenuation which the applicant can better describe; the product used at the current facility is proposed. Nielsen Invited the applicant to the lectern. Laurie Zurborg, Indicated that barking is minimal in a dog daycare environment as applicant, and opposed to a kennel environment where dogs are sitting in kennels Lisa Knight, co- and are bored and frustrated; because the dogs play with each owner of the new other in a daycare situation, the only barking will be play barking; facility the attendants use positive reinforcement to quiet the dogs with humane bark-control devices; shock collars are never used; the plan is designed with interior walls which results in double walls inside; at the Rancho location, there is an outside area, but none is planned for this location. Thompson Asked if the other facility has a similar proximity with residential areas. Ms. Zurborg Stated that the residential area is closer at the Rancho location; in that location, the facility shares a wall with another tenant and has received no complaints or problems. Murray Asked for clarification of the waste mitigation system. Ms. Zurborg Answered that inside the building there are janitor carts that have poop bags on them; staff cleans the waste up right when it happens, close the bag, and put that bag into another bag; the waste is disposed of in the regular trash containers; outside the building, if clients allow their dogs to use the front grass area, there Minutes -Planning Commission 11-13-07 Page 12 are disposable poop bags on a stand; clients are asked to bring the waste inside to be disposed of properly. Puckett Welcomed the business to Tustin. Nielsen Asked how late someone would be there in the evening and how early in the morning. Ms. Zurborg Indicated the staff arrives at 7:00 a.m. and, depending on the training classes, leaves between 8:30 and 9:00 p.m.; the difference between a daycare and a kennel is that the dogs are exercised for 11 hours a day and are so tired that they want a good night's rest. Nielsen Asked if staff might be there until 10:00 or 11:00 at night. Ms. Zurborg Answered in the negative. Kozak Thanked the applicant for the thoroughness of the proposal; and, asked if the trash enclosure would be covered. Ms. Zurborg Answered that the plan is to modify the structure as there may not be enough room for a recycling bin and a waste bin. Kozak Asked whether the exterior walls will be improved. Ms. Zurborg Indicated that the building has been painted; added it has been enjoyable dealing with the City of Tustin; and, thanked Ryan Swiontek for his diligence and communication with the applicant. John Collins Stated that he is a commercial broker who works with the owners (provided no adjacent to the site; while he is excited that a group like this is speaker form) coming to the property; there are concerns regarding the control of the animal waste outside the property and the possibly of the property getting rundown; if the property is not properly maintained, a revocation of the conditional use permit would be in order; 30 employees in Santa Margarita and nine people in the new facility, which is larger, does not compute; parking may be impacted across the street. Nielsen Asked staff to address the traffic issue. Lutz Indicated that these types of traffic issues are generally addressed with peak hour volumes in mind; the traffic generated by this particular use is not peak-hour sensitive; there is a spread of time during which the dogs are delivered and picked up; the volume is not enough to be considered a problem; Chambers Road is in the Minutes -Planning Commission 11-13-07 Page 13 industrial area and does not have the traffic a major arterial would have. Nielsen Asked if staff could make the traffic study available to Mr. Collins. Lutz Answered in the affirmative. Nielsen Invited the applicant back to the lectern to address the other questions posed by Mr. Collins. Ms. Zurborg Stated there have been no complaints at the current facility regarding waste distributed off the property even though that facility is closer to other tenants. Nielsen Asked if there is a monitoring procedure at that facility. Ms. Zurborg Indicated that poop hunts are a regular procedure for staff. Nielsen Asked for clarification regarding the staff size. Ms. Zurborg Stated that there are six to seven employees are the Rancho site and nine are planned for the Tustin site; she does not know where the number 30 came from. Thompson Suggested that, if there is a problem after the facility is opened, there would be a code violation aspect and enforcement. Director Answered in the affirmative and referred to Condition Nos. 6.1, 6.3, 6.4, 6.7 that address this issue; any sanitary nuisance would be addressed by the Tustin City Code from a broader perspective; the conditional use permit could be revoked if those specific conditions were violated. Kozak Asked the applicant if she understood those conditions. Ms. Zurborg Answered in the affirmative; and, reiterated there have never been any code violations at the Rancho site. Swiontek Clarified that Condition 6.6 states that the facility is limited to nine employees at any given time; Condition 6.5, staff requested that the hours of operation on Sunday be changed from 8:00 a.m. to 11:00 a.m. and 2:00 p.m. to 5:00 p.m. to 8:00 a.m. to 5:00 p.m., to simplify the matter in case operations do change on Sunday. 8:20 p.m. The Public Hearing closed. Minutes -Planning Commission 11-13-07 Page 14 Commissioners It was the consensus of the Planning Commission that this is a good use for the property. It was moved by Puckett, seconded by Kozak, to adopt Resolution Nos. 4069 and 4070, as modified. Motion carried 5-0. Adopted Resolution 5. GENERAL PLAN AMENDMENT 07-001, ZONE CHANGE Nos. 4071, 4072, 07-002, CONDITIONAL USE PERMIT 07-011, AND 4073, 4074 DESIGN REVIEW 07-012 REQUESTING: . 1. GENERAL PLAN AMENDMENT 07-001 TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION FROM PUBLIC AND INSTITUTIONAL TO PLANNED COMMUNITY COMMERCIAL/BUSINESS. 2. ZONE CHANGE 07-002 TO CHANGE THE ZONING DESIGNATION FROM PUBLIC AND INSTITUTIONAL CENTRAL COMMERCIAL (C-2) ZONING DISTRICT. 3. CONDITIONAL USE PERMIT 07-011 AND DESIGN REVIEW 07-012 TO AUTHORIZE THE DEMOLITION OF AN EXISTING CHURCH BUILDING AND CONSTRUCT AN AGE-RESTRICTED (62 YEARS OR OLDER} ASSISTED LIVING/CONGREGATE CARE FACILITY ON A 2.882 ACRE SITE LOCATED AT 13841 RED HILL AVENUE. OWNER/ APPLICANT: AMERICAN SENIOR LIVING DEVELOPMENT, INC. ZONING: PUBLIC AND INSTITUTIONAL RECOMMENDATION: That the Planning Commission: 1. Adopt Resolution No. 4071 adopting. the Mitigated Negative Declaration. 2. Adopt Resolution No. 4072 recommending that the City Council approve General Plan Amendment 07-001. 3. Adopt Resolution No. 4073 recommending that the City Council approve Zone Change 07-002. Minutes -Planning Commission 11-13-07 Page 15 4. Adopt Resolution No. 4074 recommending that. the City Council approve Conditional Use Permit 07-011 and Design Review 07-012. 8:25 p.m. The Public Hearing opened. Willkom Presented the staff report, pointing out the modifications that staff was recommending and that were provided at the dais. Nielsen, Puckett, Noted for the record that they had met with the applicant prior to the Murray, Kozak, and meeting. Thompson Kendig Asked if at any time there were more than two Commissioners at these meetings. Commissioners Answered in the negative. Tom Saltarelli, Indicated this is an exciting time for the developer; this project has lawyer and been in the works for two years; the applicant hopes to move consultant for forward to the City Council; redevelopment is important to the City, applicant the applicant has no problems with any of the conditions; the owner, Frank Haffner, and members of his staff are available for any questions the Commission may have; John Haffner has a brief presentation. Nielsen Commented on the impressive 3-D presentation; and, asked if there were any questions for the applicant. Murray Suggested that subterranean parking can sometimes present challenges from the safety standpoint; and, asked if the access to the subterranean parking was gated or if there would be other means of denying access to unwelcome visitors. Mr. Haffner Answered that the on-site circulation presented a queuing issue preventing the parking garage from having a gate; however, there is a gate in the subterranean level that prevents guests from parking in resident stalls and also prevents access to the elevator or stairway; the only way to access the elevators and stairways would be to go through the secured gate in the parking garage by pressing an intercom button and be granted access through a video system at the receptionist's desk. Murray Asked. if there would be means for requesting emergency assistance should someone have a medical issue in the Minutes -Planning Commission 11-13-07 Page 16 subterranean area by pressing an emergency button or similar measures of that type. Mr. Haffner Indicated that such a system could be implemented; the plans provide for a security system utilizing video cameras which are viewable via the Internet by staff only; those cameras include the subterranean area. Puckett Complimented the applicant on the professional presentation; and asked if there would be access to the alley through a gate or whether that was an emergency access. Mr. Haffner Replied that would be an emergency access. Thompson Suggested that the traffic study indicated a restriction for left-turn movements out the driveway; and, asked if that was a City restriction. Lutz Answered that the traffic study suggested the restriction and staff concurred. Thompson Asked how the height of the structure compares to the recently approved and under construction Cottages project. Willkom Responded that the Cottages project is 2'/z stories of 35 feet in height; the proposed development will be 47 feet at the highest point, the tower structure along the Red Hill elevation. Nielsen Asked for the mean height of the rest of the project. Director Answered that the height would be approximately 40 feet. Thompson Asked for clarification regarding the mention of future tie-ins to the reuse of the high school. Mr. Saltarelli Stated that a building that is bordering the street in the back should include architectural features and articulation in order to merge nicely with whatever future development takes place; the fire access road that goes around the project will be 30 feet wide and provides a nice setback and would add that same setback to whatever neighboring project goes in; once the Legacy is complete, there will be no option but to redevelop existing properties, and more infill redevelopment will be required. Thompson Asked how the high school events and noise issues may impact the project. Minutes -Planning Commission 11-13-07 Page 17 Mr. Haffner Responded that the developer has high standards and utilizes acoustical engineers in the design of windows and walls that would mitigate the noise. Kozak Commented that, as residents begin to move into Monarch Village, those that are facing the high school be advised that events will occur that create noise, such as football games, fireworks, etc. Nielsen Asked if any of the units in the project will be designated as low- income housing. Mr. Haffner Answered in the negative; and, added that it is the developer's policy to make rents affordable which helps maintain occupancy in the building. Nielsen Asked for the time frame for demolition and reconstruction. Mr. Haffner Indicated that the demolition should start in early 2008, pending the approval and obtaining of proper permits; the project could be finished in approximately 20 months. Nielsen Stated that he noticed in modified Condition 1.12 concerns regarding northbound traffic on Red Hill and left turns into the project; and, asked if that will change from what exists now to a striped turn pocket. Lutz Answered the left turn would be discussed at the time of design; staff envisions a striped left-turn pocket and a restriction to left turns out of the project in addition to the right turn only sign. Nielsen Asked if the ingress/egress is straight across from the Del Taco exit and entrance on the opposite side of the street or offset a bit. Lutz Indicated that the ingress/egress will be offset from the Del Taco facility. Nielsen Suggested that the age restriction covenant that runs with the land will be perpetual. Director Affirmed Chair Nielsen's suggestion. Mr. Saltarelli Added that the design team can add an antenna from the basement to the topside for facilitation of the emergency system referred to by Commissioner Murray. Minutes -Planning Commission 11-13-07 Page 18 Bob Davis, 1101 Indicated he lives in Heritage Place, is a retired Navy man, and is Sycamore Avenue, 85 years old; there is a great need for this sort of facility in this Tustin community; he moved into Heritage Place when his former place of residence was sold and the rents raised; he called HUD who recommended Heritage Place; the amenities provide many benefits for seniors; the units are well-constructed, affordable, secure, and enhance the lives of the elderly. George Speicher, Stated he has lived in Tustin since 1975; the demographics of 14711 Alder Lane, Orange County are changing; this is a great project for seniors and Tustin will improve the area. 9:11 p.m. The Public Hearing closed. Thompson Asked if there would. be any bikeway requirement of the west side of the development. Lutz Indicated that widening is planned for that area to accommodate a bike lane. Commissioners It was the consensus of the Planning Commission that this is a landmark project and a wonderful addition to Tustin. It was moved by Puckett, seconded by Kozak, to adopt Resolution Nos. 4071, 4072, 4073, and 4074. Motion carried 5-0. None REGULAR BUSINESS STAFF CONCERNS 6. REPORT OF ACTIONS TAKEN AT THE NOVEMBER 6, 2007, CITY COUNCIL MEETING. Director reported The City Council heard the appeal of the items decided upon by the Planning Commission, the Hampton Village 77-unit condominium project; the Council approved the project with modifications, such as additional setbacks, height restrictions, windows restricted from opening and to be opaque; the Zone Change was approved for that project alone; if the developer does not take advantage of that project within two years, the City has the ability to rezone to an R-4 designation; the Council chose to put safeguards in place to ensure that what was approved would be constructed and no higher density project built if the property were sold to another developer. Minutes -Planning Commission 11-13-07 Page 19 Director continued The City adopted a Negative Declaration for the Tustin Commuter Rail Station parking structure for a future project; when the City has plans and specifications for that, the plans will be brought to the Commission as an informational item. The Council held the first reading of the International Building Code and related construction codes Ordinance., required to be adopted prior to the end of the year; the Planning Commission will continue to be the Board of Appeals. The project that the Commission took action on this evening would be subject to the dense and tall building Ordinance that the Council considered earlier this year; that is a County-wide Ordinance that the Sheriff, Tustin Police Department, and Orange County Fire Authority asked be adopted. COMMISSION CONCERNS Thompson Reported that he attended the Tustin Preservation Conservancy neighborhood mixer at Quinn's Restaurant a couple weeks ago, a very nice event. Stated he will be attending the Building Industry Show in Long Beach beginning this Thursday, hoping to improve his skills as a Planning Commissioner. Kozak Thanked everyone on staff for the great work in bringing these projects to the Commission tonight; all the work had been done by staff and the applicants. Congratulated the Spencer family on their Pumpkin Pride award; and, thanked Tustin Pride and Parks and Recreation for recognizing homes in Tustin for Halloween decorations. Noted the Dinosaur Dash raised almost $200,000 with a record 7,690 runners and walkers of all ages. Murray Complimented staff on their great work and for making the Commissioners' jobs a lot easier. Added compliments to his fellow Commissioners and acknowledged their assistance to him in gaining knowledge in this area. Minutes -Planning Commission 11-13-07 Page 20 Murray continued Stated his wife and family participated in the Dino Dash; Doug Davert made a comment encouraging Commissioner Murray to contribute next year and to bring that message to the other Commissioners; Commissioner Murray will be participating next years and encouraged fellow Commissioners to volunteer. Complimented the Novak family for #heir support of Station 43 and all of the firefighters who were involved in fire safety during the recent firestorms. Noted he is looking forward to the Mayor's Prayer Breakfast this Thursday. Remarked that he received information regarding fire construction on buildings that abutted the areas where a neighboring community had potential fire damage; his understanding was that embers have the ability to enter the venting of the roofs, that some newer construction adds venting to tiles in the roofs; and, asked if that is something that is being passed on to builders in Tustin. Director Indicated staff has heard nothing as yet. Murray Asked for staffs plans regarding the overview on the building permit process that he had requested at a prior meeting. Director Responded that staff plans to provide that overview. Puckett Stated he attended a luncheon at the Hyatt Regency in Irvine that was a fundraiser for the Boy Scouts of Orange County primarily sponsored by the commercial real estate industry in Orange County; $300,000 was raised for the Orange County Council of the Boy Scouts of America; there were about five scouts that helped with the presentation of the colors-one a Life Scout and one an Eagle Scout; it takes 21 merit badges to earn Eagle; these two guys must have had 50 or 60. Noted he just returned from three weeks in Australia and New Zealand; it was a great time, but three weeks is a long time to be away from Tustin; Tustin has ~a sister city in New Zealand, Mata Mata, which is two hours south of Auckland, an area where Lord of the Rings was filmed; he intended to get down there but was unable to do so. Indicated the Mayor's Prayer Breakfast is sponsored by the Tustin Community Foundation; 7:00 a.m. this Thursday at Marconi Minutes -Planning Commission 11-13-07 Page 21 Museum, and will be a great event; Chuck Devore is the speaker; everyone who can attend should do so. Wished everyone a Happy Thanksgiving. Nielsen Stated that Chair Pro Tem Puckett was missed while he was away. Indicated that he will also be attending the Mayor's Prayer Breakfast; Chuck Devore is a great speaker who always has something worthwhile to say. Stated he also attended the Conservancy mixer and enjoyed seeing the folks from Old Town. Noted the Tustin Chamber mixer at City Hall included the Police Department giving tours and showing off what they do for the community; he believes our Police Department is the finest in Orange County. Added that a resident called him regarding the interior lighting for office buildings that is visible from the street, specifically neon lighting; there is a building on First Street near the post office that has a tremendous amount of neon lighting; and, asked what codes may be at issue. Director Indicated that staff is aware of that situation and is looking into it. Nielsen Noted that the neon is visible from the right-of--way and the businesses across the street. Wished everyone a Happy Thanksgiving. 9:33 p.m. ADJOURNMENT It was moved by Thompson, seconded by Puckett, to adjourn. Motion carried 5-0. The next regular meeting of the Plannin ommission will be held Tuesday, November 27, 2007, at 7: p. the City Council Chamber at 300 Centennial Way. John Nielsen Chairperson Elizabeth A. Binsack Planning Commission Secretary Minutes -Planning Commission 11-13-07 Page 22 ATTACHMENT PLANNING COMMISSION RESOLUTION N0.4075 RESOLUTION N0.4075 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING AMENDMENT TO CONDITIONAL USE PERMIT 01-031 ALLOWING A MEDICAL AND DENTAL CLINIC USE IN CONJUNCTION WITH THE APPROVED TRANSITIONAL/EMERGENCY HOUSING FACILITY AT 1 HOPE DRIVE. The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. A proper application, Amendment to Conditional Use Permit 01-031, was submitted John Luker (Orange County Rescue Mission), requesting to amend the existing Conditional Use Permit 01-031 to allow a 4,000 square foot medical and dental clinic on the first floor of the Men's Dormitory (Building B) at the project site within Planning Area 3 of the MCAS Tustin Specific Plan (SP-1) Zoning District. B. The General Plan MCAS Tustin Specific Plan land use designation provides for various housing, employment, and community support uses including Transitional/Emergency Housing 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. Section 3.3.4A of the MCAS Tustin Specific Plan identifies medical/dental clinics as a conditionally permitted use in the Transitional/Emergency Housing (SP-1 Planning Area 3) land use area. D. That a public hearing was duly called, noticed, and held for said application on November 13, 2007, by the Planning Commission; E. The establishment, maintenance, and operation of the proposed use will not, under the circumstances of this case, be detrimental to health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use, nor be injurious or detrimental to the property, or to the general welfare of the City of Tustin in that: 1) The proposed use complies with the General Plan Land Use Element in that Transitional/Emergency Housing is authorized in the MCAS Tustin Specific Plan and the MCAS Tustin Specific Plan document includes medical and dental clinics as conditionally Resolution No. 4075 Page 2 permitted use in the Transitional/Emergency Housing land use area of the MCAS Tustin Specific Plan (Planning Area 3). 2) Although the proposed clinic facility is larger than the existing clinic in Santa Ana, the parking survey report has concluded that the maximum parking demand generated by the proposed use is eleven (11) parking spaces and can be accommodated by the existing sixteen (16) surplus parking spaces. In addition, If, after the clinic is in operation, the spaces are not deemed sufficient and do not accommodate the demand on-site, Condition 2.4 has been added. 3) The proposed medical and dental clinic use would not be detrimental to surrounding properties in that the hours of operation, number of clients, and type of operation are consistent with other businesses in the area and all operations will be conducted inside the building. 4) That on-site security will be provided to ensure safety of the medical and dental clinic clients and the transitional housing residents. F. This project is Categorically Exempt pursuant to Section 15301 Class 1 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Planning Commission hereby approves Amendment to Conditional Use Permit 01-031 authorizing the establishment of a medical and dental clinic use within an existing 4,000 square-foot tenant space located at 1 Hope Drive, Building B, 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 13th day of November, 2007. ELIZABETH A. BINSACK JOHN NIELSEN Planning Commission Secretary Chairperson Resolution No. 4075 Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ), City of Tustin ) 1, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California that the Resolution No. 4075 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 13th day of November, 2007. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A RESOLUTION NO. 4075 AMENDMENT TO CONDITIONAL USE PERMIT 01-031 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the Tustin City Code and Tustin guidelines and standards and be consistent with submitted plans for the project date stamped November 13, 2007, on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Director of Community Development may also approve subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code. (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified or prior to the issuance of any building permits for the project, subject to review and approval by the Community Development Director. (1) 1.3 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) 1.4 All other conditions contained within Planning Commission Resolution No. 3817 approval of the transitional housing facility remain valid and applicable. (1) 1.5 Approval of Amendment to Conditional Use Permit 01-031 is contingent upon the applicant signing and returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and 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) 1.6 The applicant shall agree at is sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC1CC POLICY (4) DESIGN REVIEW *** EXCEPTION Exhibit A Resolution No. 4075 Amendment to CUP 01-031 Page 2 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 this sole cost and expense, elect to participate in defense of any such actions under this condition. (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 City Council Ordinance. USE RESTRICTIONS (1) 2.1 Hours of operation of the medical and dental clinic use shall be limited to 8:00 AM to 6:00 PM, Monday through Saturday. The Community Development Director may approve a request to modify the hours of operation if they are deemed to be compatible with the surrounding area. (1 ) 2.2 Medical and dental services shall be provided to clients by appointment l only. Walk-in services shall not be permitted unless such a request is submitted by the applicant and approved by the Community Development Director. (1) 2.3 A total of sixty-four (64) parking spaces shall be maintained at all times. Any reduction of on-site parking shall be reviewed and approved by the Community Development Director. (1) 2.4 If in the future the City determines that a parking or traffic deficiency 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 or traffic study analysis and the applicant shall bear all associated costs. If said study indicates that there is inadequate parking 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. Adjust hours of operation. b. Reduce the number of persons allowed in the facility at any given time. Exhibit A Resolution No. 4075 Amendment to CUP 01-031 Page 3 FEES (2) 3.1 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 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. ATTACHMENT F DECEMBER 10, 2001 PLANNING COMMISSION REPORT AND RESOLUTION NO. 3817 Report to the Planning Commission DATE: DECEMBER 10, 2001 SUBJECT: CONDITIONAL USE PERMIT 01-030 AND DESIGN REVIEW 01-037 APPLICANT: JIM PALMER ORANGE COUNTY RESCUE MISSION 15635 LANSDOWNE TUSTIN, CA 92780 PROPERTY OWNER: CITY OF TUSTIN (PENDING) LOCATION: 15635 AND 15685 LANSDOWNE ZONING: PUBLIC & INSTITUTIONAL ENVIRONMENTAL STATUS: THIS PROJECT iS ADDRESSED BY THE PROGRAM ENVIRONMENTAL IMPACT STATEMENT/ENVIROMNENTAL IMPACT REPORT (EIS/EIR) FOR THE REUSE OF MARINE CORPS AIR STATION, TUSTIN IN ACCORDANCE WITH THE PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) REQUEST: AUTHORIZATION FOR THE DESIGN AND CONSTRUCTION OF A 43,000 SQUARE FOOT BUILDING FOR ADMINISTRATIVE OFFICES, WAREHOUSE, DINING ROOM, AND FOOD PREPARATION AREA AND A 7,930 SQUARE FOOT BUILDING FOR AN AUDITORIUM AND OFFICES AND EXTERIOR ENHANCEMENTS TO TWO EXISTING BUILDINGS FOR THE PURPOSE OF OPERATING A TRANSITIONAL HOUSING FACILITY IN CONJUNCTION WITH TWO EXISTING DORMITORIES RECOMMENDATION That the Planning Commission: 1. Adopt Resolution No. 3816 approving the environmental documentation for the project. 2. Adopt Resolution No. 3817 approving Conditional Use Permit 01-030 and Design Review 01-037. Planning Commission Report CUP 01-030 & DR 01-037 December 10, 2001 Page 2 BACKGROUND The Orange County Rescue Mission (OCRM) is requesting approval to establish a transitional housing facility known as the Village of Hope, construct a 43,000 square foot building to accommodate administrative offices, a warehouse, dining room, and food preparation area and a 7,930 square foot building to accommodate an auditorium and offices, and enhance the exterior of two existing barracks buildings. A 1400 square foot existing mechanical building is also proposed to be retained/reused. Together, the total proposed build-out of and renovation of the site will result in 132,994 square feet. The OCRM is committed to using the site to provide a 192 bed 24- hour transitional housing program and on-site services to the future residents of the facility. The program will service the emergency housing needs of single men and women. The program integrates counseling, education, job training, and other services to ensure that the cycle of homelessness is ended and that participating individuals can once again become productive members of the community. Site and Surrounding Properties The project site is a 5.1-acre site located near the southeast intersection of Redhill Avenue and Valencia Avenue within the former Marine Corps Air Station at Tustin (Attachment A - Location Map). The site is currently developed with two former barracks buildings that were previously used to house enlisted persons a# the former MCAS-Tustin. Interim access to the site is provided through the main gate at Redhill Avenue and Valencia Avenue to the existing Lansdowne Road. Permanent access will be from a private street Lansdowne Road, which will connect to the future new backbone roadway system proposed for the former MCAS Tustin. The parcel is zoned Public and Institutional (P&I) and is located within the MCAS-Tustin Specific Plan land use designation of the General Plan. The property is designated for reuse as a transitional housing facility under the Transitional/Emergency Housing designation of the MCAS-Tustin Reuse Plan. To the north, east, and south are former MCAS-Tustin facilities and to the west are Redhill Avenue and office and industrial buildings. Discretionary Actions In 1996, the City of Tustin, the Local Redevelopment Authority for MCAS-Tustin, approved a Reuse Plan for MCAS Tustin (amended 1998) that provides for future preferred land uses at the base and completed a Homeless Assistance Plan for MCAS- Tustin as required by the Base Closure Community Redevelopment and Homeless Assistance Act of 1994. The Reuse Plan and Homeless Assistance Plan approved by the federal department of Housing and Urban Development (HUD) recommended that a 5.1-acre parcel, including Planning Commission Report CUP 01-030 & DR 01-037 December 10, 2001 Page 3 two existing barrack buildings 553 and 554 be conveyed to the City of Tustin for subsequent ground leasing to the OCRM. Pursuant to the Reuse Plan and Homeless Assistance Plan, the OCRM's proposed conversion of the 5.1-acre parcel into astate- of-the-art homeless transitional housing facility to support 192 residents. In September 1999, the City of Tustin and Department of Navy executed an interim lease for the site. The City subsequently subleased the site to the OCRM to permit early transitional use by the Rescue Mission until a deed transfer could be implemented. The interim lease permitted minor interior remodel of the two existing barracks as part of the proposed redevelopment of the site as approved in the Reuse Plan and Homeless Assistance Plan. On December 3, 2001, the City Council authorized the City to accept a quitclaim for the site from the Department of Navy at no cost and authorized Redevelopment Agency staff to enter into a no rent Ground Lease between the City and OCRM. The execution of the quitclaim by the Department of Navy is pending. The term of the Lease will be for a period of twenty (20) years with two, fve (5} year extensions possible. The City also has the ability to convey the site to the OCRM in the future. The current General Plan land use designation of the site is "MCAS Tustin Specific Plan" which, together with the Reuse Plan/Specific Plan for MCAS Tustin, would permit the redevelopment of the subject site (Village of Hope) as a transitional/emergency housing use. Although the MCAS Tustin Specific Plan has been prepared to establish new zoning for the site, it is not anticipated that the Specific Plan will be brought forward to the Planning Commission and City council for adoption until the City completes all negotiations with the Navy on acquisition of property. This is because a new zoning designation for the property does have real estate valuation implications. The site's current zoning is Public and Institutional (P&I) which permits the proposed project by approval of the following: • Conditional Use Permit 01-030 to authorize the transitional housing program; and, • Design Review 01-037 to authorize site design, architecture, landscaping, and other site amenities of the project. DISCUSSION The following discussion addresses the site and floor plans, access and circulation, parking, architecture, landscaping, and environmental documentation. The plans have been reviewed for compliance with the Tustin City Code and the draft MCAS-Tustin Specific Plan/Reuse Plan to ensure consistency with existing and fu#ure standards and guidelines. Planning Commission Report CUP 01-030 & D R 01-037 December 10, 2001 Page 4 Site Plan and Floor Plans The proposed buildings would be located to the south and west of the existing former barracks buildings and arranged to create a courtyard in the center of the site (Attachment B -Submitted Plans). The barracks are currently being converted to accommodate the men's and women's dormitories. The men's dormitory would be located in the former barracks building located in the north portion of the site and the women's dormitory would be located in the former barracks building located in the east portion of the site. An auditorium would be located between the men's and women's dormitories and a warehouse, kitchen, dining room, and administrative offices would be located across the courtyard from the dormitories, in the west portion of the site. The main entrance and the parking lot would be located to the south of the buildings and a thirty-five (35) foot landscape setback with a variety of groundcover, shrubs, and trees and the existing masonry wall would be located along Redhill Avenue. A recreational area with portable basketball hoops would be located to the north of the buildings and landscaping would be located along the eastern property line, to the east of the women's dormitory. The southernmost portion of Building B would contain a warehouse with a lowered truck well at the rear. To ensure this area is adequately screened, Condition No. 2.10 is included to require the applicant to screen the truck bay from view along Redhill Avenue and the facility entrance with a combination of walls and landscaping material. Attachment C contains a summary of development standards. The project meets all the development standards of the Tustin City Code and draft MCAS-Tustin Specific Plan/Reuse Plan. Access and Circulation As noted above, the primary vehicular entrance and parking lot would be located along the southern property line. A circular driveway would be located in front of the primary building entrance, which is located on the south elevation. A secondary vehicular entrance would be located along the eastern property line and provide access to an overflow parking area behind the dormitories that would typically be used as a basketball court. Since this area is also required for emergency service access, Condition No. 3.3 is included to restrict overflow parking in a twenty (20) foot wide center drive aisle. Parking Parking for institutional uses is determined on a case-by-case basis in conjunction with a conditional use permit application. However, the draft MCAS-Tustin Specific Plan/Reuse Plan requires one (1) parking space for each four (4) beds within a transitional housing facility. Based on a maximum of 192 beds, a minimum of forty-eight (48) parking spaces would be required. A total of -sixty-four (64) parking spaces are proposed. In addition, the basketball court area could be used for overflow parking as previously discussed. Planning Commission Report CUP 01-030 & DR 01-037 December 10, 2001 Page 5 Architecture The proposed buildings are designed in a contemporary style with linear elevations and details (Attachment B -Elevations). The buildings are one-story and have a maximum height of thirty-one (31) feet and six (6) inches. A combination of wood, glass, and metal materials will be used. The primary building colors will be a combination of tan tones. The window mullions, roof panels, and trellises at the front entry will be metal with a pewter finish and the window glass will be tinted green. A number of wood beams will be incorporated into the exterior. The interior of the existing barracks buildings are currently being renovated and the trim, doors, and guardrail of the dormitories are proposed to be painted to match the colors on the new buildings. With these enhancements, the existing buildings will complement the design, materials, and colors of the new buildings. Condition No. 2.19 is included to require the applicant to submit details for new guard rails and elevator shafts for the dormitories at plan check. Landscaping Landscape areas with a combination of groundcover, shrubs, and trees will be located around the perimeter of the site, at the primary entrance, and within the courtyard. An existing masonry wall is located adjacent to Redhill Avenue which is proposed to remain. New tubular steel fencing is proposed around the perimeter of the site. Condition No. 2.12 would require the fencing to be a minimum of five (5) feet in height. Condition Nos. 2.16 through 2.18 would require the following: Screening of the garden plot area and pre-fabricated shed in the northwest corner of the site from public view with a landscaping and/or walls. Installation of a combination of groundcover, shrubs, vines, and trees along the northern property line in the planter adjacent to the basketball court to screen .this area from public view along Valencia Avenue. Use of an alternative variety of the London Plane Tree or another species since this species is susceptible to disease. Environmental Documentation On January 16, 2001, the City of Tustin certified a joint Environmental Impact Statement/Environmental Impact Report (EIS/EIR} for the reuse and disposal of all property at MCAS Tustin (hereafter referred to as the "Program EIS/EIR"). The Navy subsequently issued a Record of Decision on the Program EIS/EIR on March 2, 2001. On August 29, 2001, the Navy executed a Finding of Suitability to Transfer (POST) environmental clearance document for the site as required by the National Environmental Policy Act (NEPA) prior to transfer from the Navy to the City of Tustin. Pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15168, the City of Tustin has completed an environmental checklist and determined that all effects Planning Commission Report CUP 01-030 & DR 01-037 December 10, 2001 Page 6 associated with the proposed project were adequately evaluated in the Program EIS/EIR for MCAS Tustin, that no new effects would occur, that no substantial increase in the severity of previously identified significant effects would occur, that no new mitigation measures would be required, that no applicable mitigation measures previously not found to be feasible would in fact be feasible, and that there are no new mitigation measures or alternatives applicable to the project that would substantially reduce effects of the project that have not been considered and adopted. The Environmental Analysis Checklist For Projects With Previously Certified/Approved Environmental Documents prepared for this project is included as Exhibit A of Resolution No. 3816 (Attachment D). Upon further review, certain of the general mitigation measures for the reuse of MCAS, Tustin that were identified in the environmenta! review of this project are not applicable for a variety of reasons and have not been incorporated as conditions of approval. A list of those measures and the reasons for not incorporating them as conditions is included as Exhibit B of Resolution No. 3816. ANALYSIS A decision to approve this request can be supported by the following findings: • The proposed use is consistent with the General Plan land use designation MCAS-Tustin Specific Plan and the Public and Institutional zoning district, which provide for a variety of institutional uses. • The project is consistent with the Reuse Plan and Homeless Assistance Plan through the development of a 5.1-acre parcel into a 192-bed transitional housing program. • The facility will be used for the purpose of operating a 192-bed transitional housing program for the benefit of homeless persons who desire to transition from homelessness to being productive members of the community. • The location, size, architectural features, and general appearance of the project are appropriate for the site, will contribute to the orderly redevelopment of MCAS-Tustin and Tustin, and be compatible with existing and future development. • The potential environmental impacts of the project have been adequately addressed by the Environmental. Impact Statement/Environmental Impact Report (EIS/EIR) for the reuse and disposal of all property at MCAS Tustin as described in the Environmental Analysis Checklist -For Projects With Previously Certified/Approved Environmental Documents and no additional impacts are anticipated. Planning Commission Report CUP 01-030 & DR 01-037 December 10, 2001 Page 7 Dana Ogdon Karen Peterson Redevelopment Program Manager Senior Planner Attachments: A. Location Map B. Submitted Plans C. Statistical Summary D. Resolution No. 3816 E. Resolution No. 3817 RESOLUTION NO. 3817 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 01-031 AND DESIGN REVIEW 01-037 TO AUTHORIZE THE ESTABLISHMENT OF A TRANSITIONAL HOUSING PROGRAM, CONSTRUCTION OF A 43,000 SQUARE FOOT BUILDING FOR ADMINISTRATIVE OFFICES, WAREHOUSE, DINING ROOM, AND FOOD PREPARATION AREA AND A 7,930 SQUARE FOOT BUILDING FOR AN AUDITORIUM AND OFFICES, AND ENHANCE THE EXTERIOR OF THE EXISTING BUILDINGS ON THE PROPERTY IDENTIFIED AS PARCEL 5, LOCATED ON THE SOUTHEAST CORNER OF RED HILL AVENUE AND VALENCIA AVENUE. The Planning Commission of the -City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application for Conditional Use Permit 01-031 and Design Review 01-037 was filed by the Orange County Rescue Mission (applicant), requesting authorization to establish a transitional housing program, construct a 43,000 square foot building for administrative offices, warehouse, dining room, and food preparation area and a 7,930 square foot building for an auditorium, offices, and related site improvements, and enhance the exterior of existing buildings on the property identified as Parcel 5, located near the southeast corner of Red Hill Avenue and Valencia Avenue. B. That the proposed use is consistent with the General Plan land use designation "MCAS-Tustin Specific Plan" which provides for a variety of institutional uses such as transitional housing facilities. 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 in 1996, the City of Tustin the Local Redevelopment Authority for MCAS-Tustin, approved a Reuse Plan that provides for future preferred land uses at the base and completed a Homeless Assistance Plan for MCAS-Tustin as required by the Base Closure Community Redevelopment and Homeless Assistance Act of 1994 and approved by the Department of Housing and Urban Development (HUD). The Reuse Plan and Homeless Assistance Plan provided for conveyance of the subject site to the City for development of the 5.1-acre parcel into a 192bed transitional housing program. Resolution No. 3817 CUP 01-031 & DR 01-031 December 10, 2001 Page 2 D. That the proposed use is consistent with the Tustin City Code "Public and institutional" zoning district which provides for a variety of institutional uses. In addition, the proposed development criteria is appropriate for the site. E, That a public hearing was duly called, noticed, and held on said application on December 10, 2001, by ,the Planning Commission. F. .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 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, as evidenced by the following findings: 1. The facility will be used for the purpose of operating a 192-bed transitional housing program for the benefit of homeless persons who desire to transition from homelessness to being productive members of the community. 2. That the individuals residing on the premises will be supervised by an organization that is experienced in assisting homeless persons to transition to independence. G. Pursuant to Section 9272 of the Tustin Municipal Code, the Planning Commission finds that the location, size, architectural features, and general appearance of Design Review 01-037, as conditioned, are appropriate for the site, will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole. In making such findings, the Commission has considered at least the following items: 1. Height, bulk, and area of buildings. 2. Setbacks and site planning. 3. Exterior materials and colors. 4. Type and pitch of~roofs. 5. Size and spacing of windows, doors, and other openings. Resolution No. 3817 CUP 01-031 & DR 01-031 December 10, 2001 Page 3 6. Towers, chimneys, roof structures, flagpoles, radio and television antennae. 7. Landscaping, parking area design, and traffic circulation. 8. Location, height and standards of exterior illumination. 9. Location and appearance of equipment located outside an enclosed structure. 10. Location and method of refuse storage. 11. Physical relationship of proposed structures to existing structures in the neighborhood. 12. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. 13. Development Guidelines and criteria as adopted by the City Council. H. That the project has been reviewed for compliance with the Americans with Disabilities Act of 1990, and it has been determined that dedications of right-of--way to accommodate a four (4) foot wide sidewalk behind the drive apron are necessary for compliance with the requirements of the ADA. I. That the Planning Commission has adopted the Environmental Analysis Checklist For Projects With Previously Certified/Approved Environmental Documents prepared for this project and found that all effects associated with the proposed project were adequately evaluated in the Program EIS/EIR for MCAS Tustin, that no new effects would occur, that no substantial increase in the severity of previously identified significant effects would occur, that no new mitigation measures would be required, that no applicable mitigation measures previously not found to be feasible would in fact be feasible, and that there are no new mitigation measures or alternatives applicable to the project that would substantially reduce effects of the project that have not been considered and adopted. II. The Planning Commission hereby approves Conditional Use Permit 01-025 and Design Review 01-031 authorizing the establishment of a transitional housing program, construction of a 43,000 square foot building for administrative offices, warehouse, dining room, and food preparation area and a 7,930 square foot building for an auditorium, offices, and related site improvements, and enhancements to the exterior of the existing buildings on the property identified as Parcel 5, located near the southeast corner of Red Hill Avenue and Valencia Avenue, subject to the conditions contained within Exhibit A, attached hereto. Resolution No. 3817 CUP 01-031 & DR 01-031 December 10, 2001 Page 4 PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting held on the 10 day of December, 2001. LESLIE A. PONTIOUS 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 Recording Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3817 passed and adopted at ~ regular meeting of the Tustin Planning Commission, held on the 10 day of December, 2001. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A RESOLUTION NO. CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 01-030 AND DESIGN REVIEW 01-037 GENERAL (1) 1.1 The proposed use shall substantially conform with the submitted plans for " the project date stamped December 10, 2001, on file with the Community Development Department, except as herein modified, or as modified by the Director of Community Development and City Manager's Office in accordance with this Exhibit. The Director of Community Development and City Manager's Office may also approve minor modifications to plans during plan check if such modifications are found 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 or prior to the issuance of any building permits for the project, subject to review and approval by the Community Development Department. (1) 1.3 The subject project approval shall not become effective until and unless a Quitclaim is executed by the Department of the Navy and a Ground Lease between the City and the Orange County Rescue Mission is executed. The Quitclaim and the Ground Lease shall be executed prior to issuance of any grading or building permits. (1) 1.4 The subject project approval shall become null and void unless permits for the proposed project are issued and substantial construction is underway within eighteen (18) months of the date of the approval. Time extensions may be considered if a written request is received by the Community Development Department within thirty (30) days prior to expiration. SOURCE CODES (1) STANDARD CONDITION REQUIREMENT (2) CEQA MITIGATION (3) UNIFORM BUILDING CODElS (4) DESIGN REVIEW (5) RESPONSIBLE AGENCY (6) LANDSCAPING GUIDELINES (7) PC/CC POLICY *** EXCEPTION Exhibit A Resolution No. 3817 December 10, 2.001 Page 2 (1) 1.5 Approval of this project is contingent upon the applicant signing and returning to the Community Development Department within seven (7) days of approval, a notarized "Agreement to Conditions Imposed" form. (1) 1.6 The applicant shall indemnify, hold harmless, and defend the City of Tustin from any and all claims and liabilities arising out of a challenge of the City's approval of this project, from use of the property, or from the conduct of the applicant's business, or from any activity, work or things done, permitted or suffered by the applicant in or about the property and shall further indemnify and hold harmless the City of Tustin and its employees and agents from and against any and all claims arising from any breach or default in the performance of any obligation on the applicant's part to be performed under the terms of this Conditional Use Permit and Design Review, arising from any negligent or wrongful act or omission of the applicant, the applicant's agents, contactors, employees, or invitees, and from and against all costs, attorney fees, expenses, and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon. (1) 1.7 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 and approval of the City Council, Planning Commission, or other decision-making body, or staff action concerning this project. The City agrees to promptly notify the applicant of any such claim 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 the defense of any such action under this condition. (3) 2.1 At the time of building permit application, the plans shall comply with the 1998 Califomia Building Code (CBC), 1998 California Mechanical Code (CMC), 1998 California Plumbing Codes (CPC), 1998 California Electrical Code (CEC), California, Title 24 Accessibility Regulations, 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. Two (2) copies of Title 24 energy .calculations. 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 windows and doors. Exhibit A Resolution No. 3817 December 10, 2001 Page 3 Roofing material shall be fire rated class "B" or better. The location of any utility vents or other equipment shall be provided on the roof plan. Details of 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, including the adjacent streets. Wall mounted fixtures shall be directed at a 90-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. The study shall include all hardscape areas. 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." Cross-section details showing the installation of the proposed rooftop equipment. Rooftop equipment shall be installed a minimum of six (6) inches below the parapet. An elevation showing rooftop equipment installation related to the height of the parapet and proposed equipment must be identified at plan check submittal. Note on plans that no field changes shall be made without prior approval from the Building Official and architect or engineer of record. (3) 2.2 Afire alarm is required for the auditorium building per Section 303.9 of the 1998 CBC. (3) 2.3 Prior to permit issuance, the applicant shall submit a letter indicting that the plans have been submitted to the Orange County Health Care Agency for review and approval prior to issuance of a Certificate of Use and Occupancy for the kitchen and dining areas. (3) 2.4 No part of the structure shall project beyond the property line. (3) 2.5 The engineer of record shall submit a final compaction report to the Building Division for review and approval prior to the issuance of a building permit. (3) 2.6 The engineer of record shall submit a pad certification for Buildings A and B to the Building Division for review and approval prior to the issuance of a building permit. (3) 2.7 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 Lansdowne and Red Hill sides of the facility: 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. Exhibit A Resolution No. 3817 December 10, 2001 Page 4 (3) 2.8 If the existing fencing surrounding the former MCAS-Tustin is removed during construction of the facility, the applicant shall install a six (6) foot high chain fink fence to secure the site until construction is completed. (3) 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 velocities exceed 15 miles per hour. (4) 2.10 The truck bay shall be screened from view along Red Hill Avenue and the facility entrance. Plans shall be submitted demonstrating how walls and landscaping material will effectively screen this area. (1) 2.11 A private four (4) foot wide sidewalk shall be constructed on the property along Bumblebee and Lansdowne. (1) 2.12 The tubular steel fencing and gates within shall be a minimum of five (5) feet in height. The fencing notes shall be revised accordingly and details provided for all walls and fences on a separate sheet. (1) 2.13 The applicant shall execute an agreement with the City of Tustin ensuring that the required private street lights will be installed and maintained once the adjacent property owner and the City of Tustin have completed the site's private street design guidelines. To support the future installation of these street lights along the curb, the applicant shall install necessary electrical conduit to minimize the disruption that future installation would cause to the project's sidewalks, fencing, and landscaping. (4) 2.14 A plan shall be submitted for review and approval showing the location, dimensions, materials, colors, and text of proposed building identification and directional signs for review and approval of the Community Development Department and the City Manager's Office. (1) 2.15 A landscape plan and summary shall be submitted for review and approval which identify the materials, quantities, and sizes of all landscape materials as required by the City's Landscaping Guidelines. Cross-sections and details of landscape walls or berms shall be provided, and cross-sections of driveway/street intersections shall be provided to demonstrate that sight distance is not obstructed. (1) 2.16 Details for the garden plot area and pre-fabricated shed in the northwest corner of the site shall be submitted for review and approval. The garden plot area shall be screened from public view with landscaping and/or walls. Exhibit A Resolution No. 3817 December 10, 2001 Page 5 (1) 2.17 A combination of groundcover, shrubs, vines, and trees shall be installed along the northern property line in the planter adjacent to the basketball court to screen this area from public view along Valencia Avenue. (4) 2.18 An alternative variety of the London Plane Tree or another species shall be selected. (4) 2.19 The details for the guard rails and elevator shafts for the dormitories shall be submitted for review and approval by the Community Development Department and City Manager's Office. USE RESTRICTIONS (***) 3.1 Approval of Conditional Use Permit 01-031 is contingent upon the use remaining as a transitional housing facility with a maximum of 192 beds. The City Manager's Office may grant authorization for on-site ancillary uses that are consistent with the mission of the provision of transitional housing. (1) 3.2 A minimum of forty-eight (48) parking spaces shall be provided based on a ratio of one (1) parking space for every four (4) beds. (***) 3.3 Overflow parking shall be accommodated in the secondary vehicular access area from Lansdowne, except an unobstructed twenty (20) foot wide drive aisle for fire vehicles shall. be maintained. The secondary access gate from Lansdowne shall be a minimum of thirteen (13) feet in width, and the basketball hoops shall be portable. The site plan shall delineate the required fire access lane and areas where overflow parking will be permitted and provided and note that any posts will be temporary (i.e., wheeled into place for games). (3) 3.4 No outdoor storage shall be permitted during construction or operation except as approved by the Tustin Community Development Director. (1) 3.5 The site, buildings, improvements, and landscaping shall be maintained in good condition at all times. (1) 3.6 Only emergency access shall be allowed along the westerly property line of the site along Red Hill Avenue. No other type of access along the Red Hill property line shall be permitted. Circulation access to the site shall be from Lansdowne via Valencia. PUBLIC WORKS DEPARTMENT (1) 4.1 The plans shall be revised to show the correct ultimate easterly right-of- way line of Red Hill, consistent with the property lines depicted in the quit claim. The ultimate right-of-way shall be located seventy-seven (77) feet Exhibit A Resolution No. 3817 December 10, 2001 Page 6 easterly of the centerline of Red Hill Avenue to a point 700 feet southerly of the BCR on Red Hill Avenue at Valencia Avenue. At this point, the easterly right-of--way line shall be located seventy-two (72) feet easterly of the centerline of Red Hill Avenue. (1) 4.2 The fire access off Red Hill Avenue shall be approved by the Orange .County Fire Authority and the drive apron shall be constructed with a four (4) inch curb face to discourage unauthorized use of this drive. As stated in Condition No. 3.6, only emergency access shall be allowed from Red Hill Avenue. (1) 4.3 For the area on Red Hill Avenue where work will occur, a separate 24 inch by 36 inch street improvement plan, as prepared by a California Registered Civil Engineer, will be required for all construction within the public right-of--way of Red Hil! Avenue. Construction and/or replacement of any missing or damaged public improvements will be required adjacent to this development. Said plan shall include, but not be limited, to the following: a) Curb and gutter; b) Sidewalk, including curb ramps for the physically disabled; and, c) Drive aprons. In addition, a 24-inch by 36-inch reproducible construction area traffic control plan, as prepared by California Registered Traffic Engineer or Civil Engineer experienced in this type of plan .preparation, shall be required. WATER QUALITY (1) 5.1 Prior to issuance of grading permits, the applicant shall obtain approval of the Community Development and Public Works Departments for a Water Quality Management Plan {WQMP) specifically identifying Best Management Practices (BMPs) that will be used on-site to control predictable pollutant run-off. This WQMP shall identify the structural and non-structural measures which will be implemented on this project and shall detail the implementation of BMPs whenever they are applicable to the project; indicate the applicant is responsible for long-term maintenance responsibilities; and, reference the location(s) of structural BMPs. The applicant shall be responsible for implementing the provisions of the WQMP on an ongoing, permanent basis. (1 ) 5.2 Prior to the issuance of any permits, the applicant shall provide written consent and authorization to enter the property for the purpose of conducting compliance assessments. An authorized City inspector may inspect the property for the purpose of verifying compliance with Chapter 4 of the Tustin City Code (Water Quality Ordinance) and verifying compliance with the approved Water Quality Management Plan. Exhibit A Resolution No. 3817 December 10, 2001 Page 7 (1) 5.3 The following requirements shall be defined on permit plan cover sheets as either general or special notes and the project shall be implemented in accordance with the notes: Construction-sites shall be maintained in such a condition that an anticipated storm does not carry wastes or pollutants off the site. Discharges of material other than stormwater are allowed only when necessary for performance and completion of construction practices and where they do not: cause or contribute to a violation of any water quality standard; cause or threaten to cause pollution, contamination, or nuisance; or, contain a hazardous substance in a quantity reportable under Federal Regulations 40 CFR Parts 117 and 302. Potential pollutants include, but are not limited to: solid or liquid chemical spills; wastes from paints, stains, sealants, glues, limes, pesticides, herbicides, wood preservatives and solvents; asbestos fibers, paint flakes or stucco fragments; fuels, oils, lubricants, and hydraulic, radiator or battery fluids; .fertilizers, vehicle/equipment wash water and concrete wash water; concrete, detergent, or floatable wastes; wastes from any engine equipment steam cleaning or chemical degreasing; and superchlorinated potable water line flushings. During construction, disposal of such materials should occur in a specified and controlled temporary area on-site, physically separated from potential storm water run-off, with ultimate disposal in accordance with local, State, and Federal requirements. Dewatering of contaminated groundwater, or discharging contaminated soils via surtace erosion, is prohibited. Dewatering of non-contaminated groundwater requires a National Pollutant Discharge Elimination System Permit from the California State Regional Water Quality Control Board. (1) 5.4 Earth, sand, gravel, rock, stone, or other excavated material or debris may not be deposited or moved so as to cause the same to be deposited upon or roll, blow, flow, or wash upon or over any public place or right-of--way or the premises of another without the express written consent of the owner. (1) . 5.5 When loading or transporting any earth, sand, ground, rock, stone, or other excavated material or debris, such material shall be prevented from blowing or spilling onto the public right-of--way or adjacent private property. The applicant shall be responsible for maintaining public rights-of--way in a condition reasonably free of dust, earth, or debris attributed to the grading operation. If any debris is deposited within the right-of--way or adjacent properly, the applicant shall be responsible for removing the material immediately. Exhibit A Resolution No. 3817 December 10, 2001 Page 8 (1) 5.6 Prior to issuance of grading permits, the applicant shall submit a copy of the Notice of Intent (NOI) indicating that coverage has been obtained under the National Pollutant Discharge Elimination System State General Permit for Storm Water Discharges Associated with Construction Activity from the State Water Resources Control Board. Evidence that the NOI has been obtained shall be submitted to the Building Official. In addition, the applicant shall include notes on the grading plans indicating that the project will be implemented in compliance with the Statewide Permit for General Construction Activities. (1) 5.7 A variety of best management practices including BMP Nos. 1, 4, 5, 6, 7, 10, 11, 12, 15, 19, and 24 as identified in the City's Best Management Practices Handbook (attached as Exhibit B), shall be implemented on an ongoing basis during construction to protect surface waters and prevent wastes or pollutants from moving off-site during a storm. Potential pollutants include, but are not limited to, paints, stains, sealants, glues, fuels, oils, lubricants, fertilizers, etc. Disposal of such materials shall occur in a specified and controlled temporary area on-site, physically separated from potential storm water run-off, with ultimate disposal in accordance with local, State, and Federal regulations. AIR QUALITY (2) 6.1 The applicant shall implement one or more of the following control measures, if not already required by the SCAQMD under Rule 403 (Mitigation Measure AQ-1 ): Apply water twice daily, or chemical soil stabilizers according to manufacturers' specifications, to all unpaved parking or staging areas or unpaved road surfaces at all actively disturbed sites. Develop a construction traffic management plan that includes, but is not limited to, rerouting construction trucks off congested streets, consolidating truck deliveries, and providing dedicated turn lanes for movement of construction trucks and equipment on-site and off-site. Use electricity from power poles rather than temporary diesel or gasoline powered generators. Reduce traffic speeds on all unpaved roads to 15 mph or less. Apply approved chemical soil stabilizers according to manufacturers' specifications to all inactive construction areas (previously graded areas inactive for four days or more). Enclose, cover, water twice daily, or apply approved soil binders according to manufacturers` specifications, to exposed piles of gravel, sand, or dirt. Exhibit A Resolution No. 3817 December 10, 2001 Page 9 Cover all trucks hauling dirt, sand, soil, or other loose materials, and maintain at least two feet of freeboard (i.e., minimum vertical distance between top of the load and top of the trailer). Sweep streets at the end of the day if visible soil material is carried over to adjacent roads (use water sweepers with reclaimed water when feasible). Install wheel washers where vehicles enter and exit unpaved roads onto paved roads, or wash off trucks and any equipment leaving the site each trip. (2) 6.2 .The applicant shall use low VOC architectural coatings for all interior and exterior painting operations (Mitigation Measure AQ-2). ARCHAEOLOGICAL AND PALEONTOLOGICAL RESOURCES (2) 7.1 Prior to issuance of grading permits, the applicant shall secure the services of aCounty-certified archaeologist and paleontologist to conduct salvage excavation of unique archaeological and paleontological resources if they are found. If buried resources are found during grading within the reuse plan area, a qualified archaeologist would need to assess the site significance and perform the appropriate mitigation. The Native American viewpoint shall be considered during this process. This could include testing or data recovery. Native American consultation shall also be initiated during this process (Mitigation Measures Arch-2 and Paleo-2). (2) 7.2 The applicant shall comply with the requirements established in a Paleontological Resources Management Plan prepared for the site, which details the methods to be used for surveillance of construction grading, assessing finds, and actions to be taken in the event that unique paleontological resources are discovered during construction (Mitigation Measure Paleo-1 ). NOISE (2) 8.1 The applicant shall install noise attenuation barriers, insulation, or similar devices to ensure that interior and exterior noise levels within the residential units do not exceed applicable noise standards of the State, the Tustin City Code, and Tustin General Plan. Plans demonstrating noise regulation conformity shall be submitted for review and approval prior to building permits being issued to accommodate reuse (Mitigation Measures N-1 and N-2). (2) 8.2 All construction operations, including engine warm-up and deliveries of materials and equipment, shall be subject to the provisions of the Tustin Noise Ordinance and shall take place only between the hours of 7:00 a.m. Exhibit A Resolution No. 3817 December 10, 2001 Page 10 and 6:00 p.m., Monday through Friday, and between 9:00 a.m. and 5:00 p.m. on Saturday, unless otherwise determined by the Building Official. (2) 8.3 Construction hours shall be clearly posted on the project site to the satisfaction of the Building Official. (2) 8.4 All requirements of the City's Noise Ordinance shall be met at all times. PUBLIC SERVICES (2) 9.1 Pursuant to Section 19 of the Ground Lease between the City of Tustin and Orange County Rescue Mission, the Rescue Mission shall not oppose the future placement of any possessory interest tax, al valorem tax, assessments or public service reimbursement charge or other fair- share mechanism that is necessary to ensure that adequate fire protection, police protection, parks and recreation facilities (including bikeways/trails), lighting and landscaping maintenance are provided and available and required on-site and off-site right-of--way improvements and circulation improvements (including roadways, water, sewer, and other utility systems} are financed and constructed and which improvements can be assigned to the development site and which require participation by the development site in a fair share contribution pursuant to the EIS/EIR for the Disposal and Reuse of Marine Corps Air Station Tustin. The applicant, pursuant to the Ground Lease, shall be responsible for any such charges. TRAFFIC (2) 10.1 In conjunction with the approval of a site development permit, the applicant shall provide a traffic operation and control plan to minimize the traffic impacts of proposed construction activity. The plans shall address roadway and lane closures, truck hours and routes, and notification procedures for planned short-term or interim changes in traffic patterns. The City of Tustin shall ensure that the plan would minimize anticipated delays at major intersections. Prior to approval, the City of Tustin shall review the proposed traffic control and operations plans with any affected jurisdiction. The plans shall be prepared by aCalifornia-licensed traffic engineer or civil engineer experienced in the preparation of such plans (Mitigation Measure TIC-1 ). (2) 10.2. The applicant shall utilize the following transportation management measures, as follows (Mitigation Measure AQ-4): Schedule truck deliveries and. pickups for off-peak hours. Exhibit A Resolution No. 3817 December 10, 2001 Page 11 Provide on-site child care and after-school facilities or coordinate with the City access to proposed child care facilities that may be developed at the former MCAS Tustin site by the City of Tustin. Construct on-site pedestrian facility improvements, such as building access which is physically separated from street and parking lot traffic, and walk paths. UTILITIES (2) 11.1 Prior to issuance of a Certificate of Use and Occupancy permits, the applicant shall enter into an agreement with the City of Tustin and any appropriate regional .utility agencies, districts, and providers, as applicable, to dedicate all easement, rights-of-way, or other land determined necessary to construct adequate utility infrastructure and facilities to serve the project as determined by the City, agency, district, or other providers (Implementation Measure). (2) 11.2 Prior to the issuance of permits for any water, sewer, or public improvements or development project, the applicant shall submit to the City of Tustin information from IRWD, OCSD, or other responsible agency which outlines a plan for the provision of required facilities necessary to provide adequate potable water, reclaimed water, and sewer service, if any, to the development (Implementation Measure). (2) 11.3 Prior to the issuance of the certificates of use and occupancy, the project developer shall ensure that fire hydrants capable of flows in amounts approved by the OCFA are in place and operational to meet fire flow requirements (Implementation Measure). (2) 11.4 Prior to the issuance of a grading permit, the applicant shall design and construct local drainage systems for conveyance of the 10-year runoff. If the facility is in a local sump, it shall be designed to convey the 25-year runoff (Implementation Measure). (2) 11.5 The applicant shall install private wet utility lines (e.g., sanitary sewer, domestic water, and reclaimed water) that conform to the Irvine Ranch Water District (IRWD) sewer lateral design requirements. lnformation including pipe material, size, and slope must be provided in the next plan submittal along with written approval from IRWD, stating that the plan adheres to IRWD standards (Implementation Measure). (2) 11.6 A drainage report shall be submitted that is prepared in accordance with the Orange County Local Drainage Manual (OCLDM) to address the existing and proposed drainage of the site. The report shall be formatted in accordance with the OCLDM and shall address the existing Q from the Exhibit A Resolution No. 3817 December 10, 2001 Page 12 site in its current condition, proposed Q from the site, measures for any significant increase in Q, pad protection for a Q100 at emergency overflow locations, and appropriate hydraulic calculations for sizing catch basin inlets, area drains, and pipes (Implementation Measure). (1) 11.7 The backbone public utilities for the Valencia/Armstrong Project (CIP No. 7139) shown are currently in final design and alterations to these plans, although unlikely, are possible. The applicant shat! ensure that, prior to issuance of grading or building permits, that the signed plans or the record drawings for Valencia/Armstrong Project, as approved and/or revised by the City Engineer, are referenced to ensure accurate location of the permanent private wet and dry utility connections at LansdowneNalencia. The City of Tustin shall not be responsible for changes that may be required of the Village of Hope resulting from future revision to the Valencia/Armstrong plans. (1) 11.8 In the event that the Village of Hope constructs new private wet and/or dry utility connections prior to the completion of the backbone utility system (Valencia/Armstrong Project) and permanent service availability is not yet available at LansdowneNalencia, interim service connections shall be designed and plans shall be submitted to the City for approval prior to installation. Upon completion of the Valencia/Armstrong backbone utility system, the Orange County Rescue Mission sha(I terminate and remove all interim service connections and provide permanent connections to the new private wet/dry utilities. (1) 11.9 New wet and/or dry utility connections to r the future backbone utility system shall be constructed. The underground service connections in the proposed access/utility easement shall be located in a joint trench and must be in close proximity to one another, while still maintaining the minimum required vertical and horizontal separation. Plans for demolition of existing interim utilities/connections and installation of new facilities shall be designed and submitted to the City for approval prior to installation, unless said existing facilities are necessary during an interim period of time (see Condition No. 12.8). (1) 11.10 A draft easement legal description and map documents for the permanent off-site access and utility easement for permanent connections and access to Valencia/Armstrong shall be submitted for review and approval prior to issuance of grading or building permits. The length of the easement shall be the same as the site frontage along Lansdowne and Bumblebee and the width shall be limited to the width of the existing .roadways. The easement shall extend from back of existing curb to back of existing curb (or existing edge of roadway where there is no curb). The applicant shall obtain all approvals required to grant said easement. Exhibit A Resolution No. 3817 December 10, 2001 Page 13 (1 ) 11.11 In addition to Condition No. 1.6, the applicant and its contractors or agents shall provide the City with insurance, proof of worker's compensation, disability, and vehicle and personal insurance approved by the City, which indemnifies the City against claims arising from construction activities, installation, alteration, and/or use of on-site or off-site improvements on the site, on the adjoining Federal property, or the Red Hill Avenue right-of- way, including, but not limited to, installation, alteration, and/or use of interim or permanent off-site private. utilities, use of the access and utility easement, hazardous material spills, and site drainage, including the potential downstream flooding resulting from drainage from the site. ORANGE COUNTY FIRE AUTHORITY (5} 12.1 The location of the fire access road within the parking area shall be shown on the site plan. The installation criteria for the access roads shall be included on the plan. The plan shall be stamped and signed by a registered civil engineer certifying that the access road meets the criteria of an all weather-driving surface and is capable of withstanding the minimum weight of 68,000 pounds imposed by Orange County Fire Authority (OCFA) apparatus. (5) 12.2 The fuel tank for the generator shall be approved by the OCFA. The plans shall indicate that the generator shall be submitted as a separate submittal, unless included in the building plans. (5) 12.3 The location of fire hydrants shall be identified on the site plan. (5) 12.4 The locations and installation details of fire lane signs and red curbing shall be consistent with OCFA guidelines. The locations and details shall be provided on the plans. (5) .12.5 The location and details, including locking devices, of all vehicle gates shall be shown on the plans. A knox pad lock for manual gates or a Knox key switch for electrical gates shall be provided. (5) 12.6 Pedestrian gates shall provide access from the streetside and shall be provided with a Knox box. The Knox box shall contain the key to open the gate. (5) 12.7 The following note shall be provided on the door schedules for Buildings A and B, "Card readers shall not obstruct exiting. Doors can be opened from the inside without delay or special operation." (5) 12.8 Emergency lights and back-up power shall be provided and shown on the plans. Exhibit A Resolution No. 3817 December 10, 2001 Page 14 (5) .12.9 A Chemical Classification Package shall be submitted or chemical stored or used in the facility, including soaps, laundry cleaning products, etc. (5) 12.10 A letter shall be provided on company letterhead signed by the applicant that describes all the uses of the dining room. (5) 12.11 Information regarding high-pile storage shall be provided on the plans or under a separate submittal. (5) 12.12 A wall legend shall be provided on page BA02.13 that identifies the four (4) hour wall. FEES (2) 13.1 Prior to the issuance of building permits, .the applicant shall pay the following estimated fees as stated in the letter dated October 5, 2001, to Jim Palmer: Building A SMIP Fee $107.58 New Construction Tax $793.00 Transportation System Improvement Program Fees $26,248.30 Tustin Unified School District Fees $2,616.90 Building 8 SMIP Fee $583.34 New Construction Ta~f $4,300.00 Transportation System Improvement Program Fees $142,330.00 Tustin Unified School District Fees $14,190.00 Public Works Sewer Connection Other Utility Connections $17, 556.30 Contact Utilities Microfilm $105.00