HomeMy WebLinkAboutCC RES 08-06RESOLUTION NO. 08-06
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN APPROVING CONDITIONAL USE PERMIT 07-14,
DESIGN REVIEW 07-15, AND A WAIVER OF PARKING
IN-LIEU FEES TO AUTHORIZE THE DEVELOPMENT OF A
7,650 SQUARE-FOOT MIXED-USE PROJECT LOCATED
170 EL CAMINO REAL
The City Council of the City of Tustin does hereby resolve as follows:
I. The City Council finds and determines as follows:
A. That a proper application for Conditional Use Permit 07-014 and Design
Review 07-015 was submitted by Susan Secoy, of Secoy Architects,
representative for Paula Meyer, property owner, requesting authorization
to construct amixed-use project (office, retail, and residential unit) at 170
EI Camino Real (APN 402-571-05);
B. That a public hearing was duly called, noticed, and hold for said
application on January 8, 2008, by the Planning Commission. The item
was the continued to the January 22nd meeting, and subsequently, to the
February 26th public hearing.
C. That a public hearing was duly called, noticed, and held for said
application on February 26, 2008, by the Planning Commission and the
Planning Commission adopted Resolution 4080 recommending the Tustin
City Council approve said project;
D. That a public hearing was duly called, noticed, and held on said
application on January 15th City Council public hearing. The item was
then continued to the February 5t" meeting, and subsequently, to the
March 4th meeting.
E. That the site is located in the Central Commercial District (C-2), Cultural
Resources Overlay District (CR), and the Combining Parking Overlay
District (P);
F. There is no substantial evidence that the project will have a significant
effect on the environment. This project is categorically exempt from further
environmental review pursuant to the California Environmental Quality Act
(CEQA) and CEQA guidelines Section 15332, Class 32, "In-Fill
Development Projects" that pertains to sites less than five acres in an
urban area, and the following: 1) is consistent with applicable zoning and
n .. general plan designation and regulations, 2) has no value for endangered,
rare, or threatened species, 3) the site can be adequately served by all
required utility and public services, and 4) approval of the project would
Resolution No. 08-06
Page 1 of 17
not result in any significant effects relating to traffic noise, air quality, or
water quality.
ii. The City Council hereby makes the following findings pertaining to the approval
of Design Review 07-015:
A. Pursuant to Section 9272 of the Tustin Municipal Code, the City Council
finds that the location, size, architectural features, and general
appearance of the proposed development 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 City
Council 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.
6. Towers, chimneys, roof structures.
7. Location, height, and standards of exterior illumination.
8. Landscaping, parking area design, and traffic circulation.
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. Proposed signage.
14. Development Guidelines and criteria as adopted by the City
Council.
III. The City Council hereby makes the following findings pertaining to the approval
of Conditional Use Permit 07-014:
A. Pursuant to Section 9252j3 of the Tustin Municipal Code, requiring City
Council approval for the mixed-use proposal: The proposed mixed-use
would be a conditionally permitted use, subject to approval by the City
Council, followed by a public hearing and recommendation from the
Planning Commission. The City Council finds that proposed use would
support the purposes of the underlying zoning district and the General
Plan. The proposed project is consistent with the City's General Plan
which states that the character of Old Town and First Street would be
significantly enhanced by greater integration of residential uses with a
unique pedestrian environment and diverse mix of goods, services, and
uses.
Resolution No. 08-06
Page 2 of 17
B. That the establishment, maintenance, and operation of the proposed use
will not, under the circumstances of this .case, be detrimental to the
health, safety, morals, comfort, or general welfare of the persons residing
or working in the neighborhood of such proposed use, nor be injurious or
detrimental to the property and improvements in the neighborhood of the
subject property, or to the general welfare of the City of Tustin in that:
1) The proposed use is a mixed-use development. The proposed
office, retail, and residential use of this mixed-use project is
consistent with uses located in the surrounding area. The
operational characteristics of the proposed mixed-use unit are non-
intensive and do not typically generate any noise, odor, or other
environmental impacts, that would negatively affect surrounding
land uses.
2) The proposed height complies with the maximum height limit
allowable by code, which is 50 feet.
3) The proposed use satisfies all requirements of the underlying
Zoning Districts and the Old Town Commercial General Plan Land
Use Designation.
4) The office use is on the second floor; the office use will be
complementary in terms of hours of operation, convenience, and
parking demand with its companion residential use; and the mixed
use will be beneficial, complementary and compatible with
surrounding neighborhood and adjacent uses.
5) The proposed ground floor retail area is consistent with the intent
of the C-2 Zoning District to establish ground floor retail uses for
properties fronting onto EI Camino Real.
6) The proposed mixed use supports the purpose of the Cultural
Resources District because the new construction will be compatible
with the character of the district, enhance property values and
increase economic and financial benefits to the City and its
inhabitants, and enhance the visual character and diversity of
architectural styles in the area.
IV. Pursuant to Resolution 02-29, City Council adoption of the Old Town Fee Waiver
Policy, the City Council finds that a waiver of parking in-lieu fees from the applicant is
appropriate and consistent with the intent and purposes of the Fee Waiver Policy and
here hereby approves a waiver of parking in-lieu fees for up to nine (9) parking spaces
as follows:
Resolution No. 08-06
Page 3 of 17
A. The City Council approved a fee waiver policy in 1996 to promote the
commercial development and revitalization of the Old Town and Town
Center commercial areas. The proposed project would promote other
development in Old Town, which is consistent with the intent of the fee
waiver policy to attract new businesses and promote commercial
development in the Old Town area.
B. The project site has been vacant. Due to the physical limitations of the lot
(e.g. small lot size, narrow lot width, and narrow street frontage), it is
difficult to develop on the property. Supporting development on the
property, by waiver of fees, would allow development of a mixed-use
project that is consistent with General Plan goals to encourage a mix of
uses and revitalize Old Town.
c. The City has initiated a parking study for Old Town Tustin to identify
strategies to better utilize existing parking facilities and to recommend
parking improvements to support economic redevelopment of Old Town
Tustin. The study finds that the existing parking supply is generally
adequate and not heavily utilized in many areas with the Parking Overlay
District. In addition, on February 19, 2008, the City Council directed staff
to pursue development and implementation of additional parking
management techniques to encourage more economic development in
Old Town. The waiver of fees to support the proposed mixed-use
development may be consistent with some of the general
recommendations made in the study to encourage mixed-use
developments in order to make better use of available parking for present
and future uses and to promote activity level in Old Town.
D. General Plan Policy 10 encourages pedestrian oriented development and
a diverse mix of uses for Old Town. The proposed use is a mixed-use
development, and the office spaces would generate new jobs and
pedestrian activity in Old Town.
E. The waiver of parking in-lieu fee would allow the owner to develop the site,
provide a ground floor retail component, reside in the residential unit, and
utilize the second floor office business. The waiver of the parking in-lieu
fee will serve the residential, retail, office use, and Old Town Tustin as a
whole.
V. The development standards and fee waivers recommended for this project apply
only to this project site. Subsequent projects within the CR Overlay District shall be
considered on a case-by-case .basis and shall be based on their own merit. VI. The City
Council hereby approves Conditional Use Permit 07-014, Design Review 07-015, and a
fee waiver for parking in-lieu fees for up to nine (9) parking spaces for development of a
mixed-used project on a 0.17-acre site located at 170 EI Camino Real, subject to the
conditions contained in Exhibit A attached hereto.
Resolution No. 08-06
Page 4 of 17
PASSED AND ADOPTED at a regular meeting of the Tustin City Council held on
the 4th day of March, 2008.
JERRY AMANTE,
Mayor
PAMELA STOKER
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
California, do hereby certify that the whole number of the members of the City Council of
the City of Tustin is five; that the above and foregoing Resolution No. 08-06 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 4th day of
March, 2008, by the following vote:
COUNCILMEMBER AYES: Amante, Davert, Bone, Kawashima, Palmer (5)
COUNCILMEMBER NOES: None (0)
COUNCILMEMBER ABSTAINED: None (0)
COUNCILMEMBER ABSENT: None (0)
PAMELA STOKER
CITY CLERK
Resolution No. 08-06
Page 5 of 17
Exhibit A
Resolution No. 08-06
Page 1
EXHIBIT A
CONDITIONAL USE PERMIT 07-14
DESIGN REVIEW 07-15
RESOLUTION N0.08-06
CONDITIONS OF APPROVAL
GENERAL
(1) 1.1 The proposed project shall conform with the Tustin City Code and Tustin
Design Guidelines and standards and be consistent with submitted plans for
the project date stamped March 4, 2008, on file with the Community
Development Department, except as herein modified, or as modified by the
Director of Community Development in accordance with this Exhibit. The
Director of Community Development may also approve minor modifications
to plans during plan check if such modifications are 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 become null and void unless permits for
the proposed project are issued and substantial construction is underway
within twelve (12) months. All time extensions may be considered if a written
request is received within thirty (30) days prior to the expiration date.
(1) 1.4 Approval of Conditional Use Permit 07-014 and Design Review 07-015 is
contingent upon the applicant returning to the Community Development
Department a notarized "Agreement to Conditions Imposed" form and the
property owner signing and recording with the County Clerk-Recorder a
notarized "Notice of Discretionary .Permit Approval and Conditions of
Approval" form. The forms shall be established by the Director of
Community Development, and evidence of recordation shall be provided to
the Community Development Department prior to issuance of building
permits.
SOURCE CODES
(1) STANDARD CONDITION
(2) CEQA MITIGATION
(3) UNIFORM BUILDING CODE/S
(4) DESIGN REVIEW
(5) RESPONSIBLE AGENCY REQUIREMENT
(6) LANDSCAPING GUIDELINES
(7) PC/CC POLICY
`** EXCEPTION
Resolution No. 08-06
Page 6 of 17
Resolution No. 08-06
Conditional Use Permit 07-014, DR 07-015
Page 2
(1) 1.5 The applicant shall agree, at its sole cost and expense, to defend,
indemnify, and hold harmless the City, its officers, employees, agents, and
consultants, from any claim, action, or proceeding brought by a third party
against the City, its officers, agents, and employees, which seeks to
attack, set aside, challenge, void, or annul an approval of the City Council,
the Planning Commission, or any other decision-making body, including
staff, concerning this project. The City agrees to promptly notify the
applicant of any such claim or action filed against the City and to fully
cooperate in the defense of any such action. The City may, at its sole cost
and expense, elect to participate in defense of any such action under this
condition.
(1) 1.6 Prior to the issuance of a building permit, the applicant shall seek approval
from the Orange County Sanitation District for encroachment of the trash
enclosure into the existing sewer easement. The applicant shall redesign
plans to modify the trash enclosure as required by the City's Engineering
Division and the Orange County Sanitation District.
(1) 1.7 To satisfy the City's parking requirements, due to a deficiency of seven (7)
parking stalls, the applicant shall pay parking in-lieu fees unless waived by
the Tustin City Council. The applicant shall deposit with the City an
amount that is equal to four (4) times the assessed value as determined
from the latest assessment roll of the County Assessor, of 200 square feet
of land within the area, for each required parking space not otherwise
provided. Staff has requested a fee waiver by the City Council.
BUILDING PLAN SUBMITTAL
(3) 2.1 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.
• Three (3) copies of the soil reports.
(3) 2.2 Define the building use on the plans and identify occupant load.
(3) 2.3 Exterior walls are required to be one-hour fire resistive of construction where
exterior walls are less than twenty (20) feet from property lines, 2001
California Building Code (Table 5-A).
Resolution No. 08-06
Page 7 of 17
Resolution No. 08-06
Conditional Use Permit 07-014, DR 07-015
Page 3
(3) 2.4 A level floor or landing shall be provided at all doors (i.e. at the stairway).
This area shall have a minimum length of 60 inches in the direction of the
door swing and 48 inches in the opposite direction of the door swing.
(3) 2.5 Provide area analysis for all buildings and show compliance with allowable
floor areas based on 2007 UBC Code.
(3) 2.6 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 (NPDES) 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.
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 storm water 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 flake 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 chlorinated 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.
Resolution No. 08 06 Dewatering of contaminated groundwater or discharging
Page 8 of 17 contaminated soils via surface erosion is prohibited. Dewatering of
Resolution No. 08-06
Conditional Use Permit 07-014, DR 07-015
Page 4
non-contaminated groundwater requires a National Pollutant
Discharge Elimination System Permit from the California State
Regional Water Quality Control Board.
(3) 2.7 A note shall be provided on final plans that a six (6) foot high chain link fence
shall be installed around the site prior to building construction stages. A
nylon fabric or mesh shall be attached to the temporary construction fencing.
Gated entrances shall be permitted along the perimeter of the site for
construction vehicles.
PUBLIC WORKS/ ENGINEERING DIVISION
(1) 3.1 Prior to issuance of a grading permit, a separate 24" x 36" street
improvement plan, as prepared by a California Registered Civil Engineer,
shall be required for all construction within the public right-of--way. Said
plan shall include, but not be limited to, the following:
a) Curb and gutter
b) Sidewalk, including curb ramps
for the physically disabled
c) Drive aprons
d) Remove and installation of parking
strips along EI Camino Real
e) Domestic water facilities
f) Sanitary sewer facilities
g) Landscape/irrigation
h) Underground utility connections
In addition, a 24" x 36" reproducible construction area traffic control plan,
as prepared by a California Registered Traffic Engineer or Civil Engineer
experienced in this type of plan preparation, shall be required.
(1) 3.2 Prior to issuance of any permit, the applicant shall submit the following
plans for review and approval:
a) The developer shall submit on-site grading plans. The submittal
package shall include, at the minimum, the following:
1) Three (3) copies of a recent soil report provided by a civil
engineer (less than one (1) year old). Expanded information
regarding the levels of hydrocarbons and ground water
contamination found on-site shall be provided in the soil report.
All pavement "R" values shall be in accordance with applicable
City of Tustin standards.
2) All site drainage shall be handled on-site and shall not be
permitted to drain onto adjacent properties.
3) Drainage, vegetation, circulation, street sections, curbs, gutters,
sidewalks, and storm drains shall comply with the on-site
Private Improvement Standards. Resolution No. 08-06
Page 9 of 17
4) Two (2) sets of Hydrology and Hydraulic Report.
Resolution No. 08-06
Conditional Use Permit 07-014, DR 07-015
Page 5
b) All sanitary sewer facilities shall be submitted as required by the
City Engineer and local sewer agency, and
c) Approval from the City's Water Services Division is required for
permitting or construction of any new service connections,
abandonment or relocation of existing services, or improvements
that will affect City's water facilities. Water system improvements
plan shall be designed by a licensed Civil Engineer in accordance
with the requirements and standards of the City of Tustin
Department of Public Works or American Water Work Association.
A separate on-site water plan for improvements outside the street
right of ways and within private property will be required for on-site
improvements to be maintained by the City. Title block per
Engineering Services Division's conditions is available from
Engineering at (714) 573-3164. Any easements for construction of
City's facilities within private property shall be recorded. Submittals
of improvement plan and design specification digital (PDF) files in
entirety to Water Services Engineer are needed. These items are
mandatory requirements prior to sign-off by the Water Services
Manager.
(1) 3.3 Permission from property owners shall be required for any work located on
adjacent properties.
(1) 3.4 A grading bond will be required to assure work is completed in accordance
with approved plans prior to permit issuance. The engineer's estimated
cost of the grading, drainage, and erosion control shall be submitted to the
City for approval.
(1) 3.5 A Water Quality Management Plan (WQMP) shall be submitted and
approved prior to issuance of grading permit. The WQMP shall be prepared
using the City's WQMP Guidelines. The applicant shall submit a deposit of
$2,700.00 for the estimated cost for reviewing WQMP to the City. The actual
costs will be deducted from the deposit, and the applicant shall be
responsible for any additional review cost that exceeded the deposit prior to
issuance of grading permits. Any unused portion of the deposit will be
refunded to the applicant.
(1) 3.6 Prior to issuance of grading permit, the property owner(s) shall record a
declaration of restrictions with the County Clerk Recorder. This declaration
binds current and future owner(s) of the property regarding implementation
and maintenance of the structural and non-structural BMPs as specified in
the approved WQMP.
(1) 3.7 Existing sewer, domestic water, reclaimed water, and storm drain service
laterals shall be utilized whenever possible.
Resolution No. 08-06
Page 10 of 17
Resolution No. 08-06
Conditional Use Permit 07-014, DR 07-015
Page 6
(1) 3.8 Any damage done to existing street improvements and utilities shall be
repaired before issuance of a Certificate of Occupancy for the
development.
(1) 3.9 Prior to any work in the public right-of-way, an Encroachment Permit shall
be obtained from and applicable fees paid to the Public Works
Department.
(1) 3.10 Prior to issuance of any permit, the applicant shall satisfy dedication
and/or reservation requirements as applicable, including but not limited to
dedication of all required street and flood control right-of-way easements,
vehicular access rights, sewer easements, and water easements defined
and approved as to specific locations by the City Engineer and other
agencies.
(1) 3.11 Current Federal Americans with Disabilities Act (ADA) requirements shall
be met at the drive aprons and sidewalk.
(1) 3.12 Prior to issuance of a building permit applicant, shall provide written
approval from the Orange County Sanitation District.
(1) 3.13 All final development plans including, but not limited to: public works
improvements, private infrastructure improvements, final grading plans,
and site plans are also required shall be submitted to the Public Works
Department/Engineering Division in computer aided design and drafting
(CARD) format. The standard file format is AutoCAD Release 2004
having the extension DWG. Likewise, layering and linetype conventions
are AutoCAD-based (latest version available .upon request from the
Engineering Division). In order to interchangeably utilize the data
contained in the infrastructure mapping system, CADD drawings shall be
in AutoCAD "DWG" format (i.e., produced using AutoCAD or AutoCAD
compatible CADD software). The most current version of AutoCAD is
Release 2004. Drawings created in AutoCAD Release 2000 are
compatible and acceptable.
The CADD files shall be submitted to the City at the time the plans are
approved and updated CADD files reflecting "as built" conditions shall be
submitted once all construction has been completed. The subdivision
bonds will not be released until the "as built" CADD files have been
submitted.
(1) 3.14 This development shall comply with all applicable provisions of the City of
Tustin Water Quality Ordinance and all Federal, State, and Regional
Water Quality Control Board rules and regulations.
(1) 3.15 Recycling/Disposal of Construction Debris:
A) The Contractor is required to salvage and recycl~~~ ieastl X50
percent of all construction related waste and shall submit a Waste
Resolution No. 08-06
Resolution No. 08-06
Conditional Use Permit 07-014, DR 07-015
Page 7
Management Plan identifying the amount and types of waste
created by the project and compliance with this diversion
requirement. In addition, the contractor shall properly document in
writing to the City the amounts and types of all construction waste
actually salvaged, recycled and disposed, all in compliance with the
diversion, planning and reporting requirements contained in the City
Code Section 4327.
B) The applicant/contractor is required to submit a Waste
Management Plan to the Public Works Department in a form
approved by the City and obtain approval from the Public Works
prior to the issuance of a Notice to Proceed. The Waste
Management Plan shall demonstrate recovery and recycling of at
least 50 percent of the total waste generated by the project and
shall consist of the following components:
1. An estimate of the total amount of waste to be generated for
the entire duration of the project;
2. An estimate of the total amount of recyclable materials
generated by the project, identified by recyclable material
type; and,
3. Identification of recyclable material processing methods and
facilities which will be utilized to achieve the 50 percent
recycling requirements.
(1) 3.16 Recycling -Pursuant to City Code Section 9275, the Applicant, Property
Owner, and/or tenant(s) are required to participate in the City's recycling
program.
(1) 3.17 Improvement plans shall be reviewed and approved by the Orange County
Fire Authority for fire protection purposes. The adequacy and reliability of
water system design and the distribution of fire hydrants will be evaluated.
The water distribution system and appurtenances shall also conform to the
applicable laws and adopted regulations enforced by the Orange County
Health Department.
(1) 3.18 Release/approval from the East Orange County Water District shall be
obtained prior to receiving water service. Backflow prevention devices
must be installed in accordance with applicable standards and codes and
shall be installed within an easement of suitable size to allow for
unobstructed access, inspection, testing, and maintenance. The
developer shall submit a water permit application to the East Orange
County Water District and is responsible for all applicable and water
connection fees.
The location of fire hydrants shall be approved by the City of Tustin and
the Orange County Fire Authority.
Page 12 of 17 Resolution 08-06
Resolution No. 08-06
Conditional Use Permit 07-014, DR 07-015
Page 8
(1) 3.20 Hydraulic analysis of the proposed water system and ability to meet OCFA
fire flow demands and requirements shall be performed and certified by
the developer.
(1) 3.21 The applicant is responsible for all costs related to the relocation of
existing fire hydrants and the installation of new fire hydrants if any.
(1) 3.22 The applicant is responsible for all costs related to the abandonment, at
the water main, of all existing potable water and fire service connections if
any.
(1) 3.23 The applicant shall be responsible for all costs related to the installation of
new potable and fire related water services.
(1) 3.24 Water Improvement Plan should show existing water mains on plan clearly
dimensioned.
(1) 3.25 Proposed water meter(s) shall be located within the public right-of-way.
ARCHITECTURE
(4) 4.1 All final exterior colors and textures shall be subject to review and
approval of the Community Development Department and final inspection.
Colors, materials, and textures shall be noted in construction plans.
(4) 4.2 All mechanical and electrical fixtures and equipment shall be adequately
screened subject to review and approval by the Community Development
Department. The screen shall be included as an element of the overall
design of the project and blend with architectural design of the building. All
electrical, mechanical, and electrical fixtures shall be depicted and noted
on the construction drawings.
(4) 4.3 All exterior on-site light fixtures shall consist of decorative fixtures
compatible with the Old Town theme and architecture of the building.
Colored cut-sheets shall be submitted for review and approval. All light
fixtures shall be subject to review and approval of the Community
Development Director.
(4) 4.4 The applicant shall obtain a permit for future installation of signs on the
building. Any sign proposal shall conform to Section 9401 of the Tustin
Sign Regulations. In addition, the location, placement, size, number, and
sign details shall be subject to the discretion of and approval by the
Community Development Director.
(4) 4.5 The trash enclosure shall be relocated adjacent to thel#~s,ralo~o~e
west elevation, facing the rear of the property and shall 15~gsagj~t7to
Resolution No. 08-06
Conditional Use Permit 07-014, DR 07-015
Page 9
review and approval by the City's Planning Division, Public Works
Department, and the Orange County Sanitation District (for any
encroachment onto the sewer easement).
(4) 4.6 Prior to the issuance of building permits, the applicant shall submit revised
plans to embellish all exterior elevations. The final treatment details of all
building elevations (e.g. details around the windows or additional
brickwork) and architectural details shall be subject to review and approval
by the Community Development Department. Specifically, the following
elements shall be incorporated into the architecture:
1) Embellish the front elevation by creating greater articulation and
decorative details around the windows and door with features similar
to the Helm building. In addition, horizontal and vertical treatments
need to be introduced around the driveway opening and at the top of
the building to incorporate apop-out adding more depth.
2) Narrow the driveway entrance to enhance and soften the appearance
of the front elevation.
3) Relocate the trash .enclosure if possible to be sensitive to adjoining
properties.
4) Reduce the use of the split-face block on the north elevation.
5) Reduce the massing with minor adjustments such as stepping
portions of the building back to the extent possible and to adjust the
roof-line to balance the architectural relationship between the
residential and office portion of the building.
LANDSCAPING/ HARDSCAPE
(4) 5.1 Submit at plan check complete detailed landscaping and irrigation plans
for all landscaping areas consistent with adopted City of Tustin
Landscaping requirements. The plans shall include the following:
^ The planting size, number, and type of the proposed trees located
along the north property line shall be subject to review and approval
by the Community Development Department.
^ The landscape planter box proposed above the block wall along the
south property line must be irrigated and maintained in perpetuity
for the lifetime of the project. The applicant may consider
alternative planting materials in-lieu of the planter box. Planting
materials in this area must be enhanced with planter materials such '"
as providing a landscape vine along the wall, trees, or other high
quality landscaping treatments. Final planting size, number, and 'µ`
type for the plant materials along the south property fine shall be
subject to review and approval by the Community Development
Director.
Page 14 of 17
Resolution No. 08-06
Resolution No. 08-06
Conditional Use Permit 07-014, DR 07-015
Page 10
The applicant shall submit a revised site plan as well as include in
landscape drawings the installation of decorative pavers on the
driveway entrance. The color and material shall be compatible and
complementary to the building design and shall be subject to review
and approval of the Community Development Director.
^ Include a summary table identifying plant materials. The plant table
shall list botanical and common names, sizes, spacing, location,
and quantity of the plant materials proposed.
^ Show all property lines on the landscaping and irrigation plans,
public right-of-way areas, sidewalk widths, parkway areas, and wall
locations.
^ The Community Development Department may request minor
substitutions of plant materials or request additional sizing or
quantity of materials during plan check.
^ Add a note that coverage of landscaping and irrigation materials is
subject to inspection at project completion by the Community
Development Department.
^ Shrubs shall be a minimum of five (5) gallon size and shall be
placed a maximum of five (5) feet on center.
^ All plant materials shall be installed in a healthy vigorous condition
typical to the species and shall be maintained in a neat and healthy
condition. Maintenance includes, but is not limited to, trimming,
weeding, removal of litter, fertilizing, regular watering, and
replacement of diseased or dead plants.
(4) 5.2 On-site walls and fences shall be noted on the plans with specific
materials, colors, and decorative treatments. The new block wall,
proposed along the south property line, shall be constructed of decorative
block that complements the building architecture.
USE RESTRICTIONS
(***) 6.1 One residential unit shall be maintained.
(***) 6.2 In the event that the City implements programs and regulations to create a
parking assessment district(s), the property owner and all successors in
interest shall not contest and must participate in the implementation of
such programs and regulations.
(1) 6.2 No outdoor storage is approved, except as appro~lolt~ntiae. o~~in
Community Development Director. Page 15 of 17
Resolution No. 08-06
Conditional Use Permit 07-014, DR 07-015
Page 11
(4) 6.3 The ground floor retail area sha(I be occupied by a retail/ service business.
The retail/service establishment must be a minimum of 400 square-feet
exclusively used as part of the retail service/business. All or a portion of
this area cannot be used for other purposes such as a hallway or lobby
area for the building. A deed restriction shall be recorded to ensure the
property complies with this requirement.
ORANGE COUNTY FIRE AUTHORITY
(5) 7.1 Prior to the issuance of any building permits, the applicant shall obtain
approval of the Fire Chief for all fire protection access roads to within 150
feet of all portions of the exterior of the structure. The applicant may
contact the OCFA at (714) 573-6100 or visit the OCFA website to obtain a
copy of the "Guidelines for Emergency Access."
(5) 7.2 Prior to the issuance of any building permits, the applicant shall provide
evidence of adequate fire flow. The "Orange County Fire Authority Water
Availability for Fire Protection" form shall be signed by the applicable
water district and submitted to the Fire Chief for approval. If sufficient
water to meet fire flow requirements is not available, an automatic fire
extinguishing system may be required in each structure affected.
(5) 7.3 Prior to the issuance of a building permit, a note shall be placed on the fire
master plan stating that if the structure exceeds 5,500 square feet (per
amendment) or if the structure exceeds fire department access
requirements, the building shall be protected with an automatic fire
sprinkler system in a manner meeting the approval of the Fire Chief. If the
structure is required to be fire sprinkled, the fire sprinkler plans can be a
deferred submittal.
(5) 7.4 Prior to the issuance of a building permit, plans for the fire alarm
monitoring system (required if more than 100 sprinkler heads) shall be
submitted to the Fire Chief for review and approval. Please contact the
OCFA at (714) 573-6100 or visit the OCFA website to obtain a copy of the
"Guideline for New and Existing Fire Alarm Systems." This system shall be
operational prior to the issuance of a certificate of occupancy.
FEES
(1)(5) 8.1 Prior to the issuance of any building permits, payment shall be made for all
applicable fees, including but not limited to, those listed below. Payment shall br"'~'
required based upon those rates in effect at the time of payment and are subject t~
change. °°
Resolution No. 08-06
Page 16 of 17
Resolution No. 08-06
Conditional Use Permit 07-014, DR 07-015
Page 12
a) Building plan check and permit fees to the Community Development
Department.
b) Orange County Fire Authority plan check and inspection fees to the
Community Development Department.
c) Private improvement plan check and permit fees to the Community
Development Department.
d) Written approval from the Orange County Sanitation District No. 7
for Sewer Connection Fees.
e) New development tax to the Community Development Department
based upon the most current schedule.
f) Transportation System Improvement Program (TSIP), Benefit Area
"A" fees in the amount of $5.53 per square foot of new or added
gross square floor area of construction or improvements to the
Community Development Department.
g) School facilities fee to Tustin Unified School District based upon the
most current schedule. Proof of payment shall be provided to the
Community Development Department prior to issuance of building
permits.
h) Payment of the Major Thoroughfare and Bridge Fees in effect at the
time of issuance of a building permit to the Tustin Public Works
Department.
i) Applicable parking in-lieu fees as required by TCC Section
9252J3(d)(3)c.
j) Within forty-eight (48) hours of approval of the subject project, the
applicant shall deliver to the Community Development Department,
a cashier's check payable to the COUNTY CLERK in the amount of
fifty dollars ($50.00) to enable the City to file the appropriate
environmental documentation for the project. If within such forty-
eight (48) hour period the applicant has not delivered to the
Community Development Department the above-noted check, the
statute of limitations for any interested party to challenge the
environmental determination under the provisions of the California
Environmental Quality Act could be significantly lengthened.
Resolution No. 08-06
Page 17 of 17