HomeMy WebLinkAboutPC RES 33041 RESOLUTION NO. 3304
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN APPROVING CONDITIONAL USE
PERMIT 94-012, AUTHORIZING THE ESTABLISHMENT
AND OPERATION OF A SERVICE STATION USE , A
CONVENIENCE STORE AND ALCOHOLIC BEVERAGE SALES
ESTABLISHMENT WITHIN THE RETAIL COMMERCIAL
(C-1 P) DISTRICT LOCATED AT 16851 MCFADDEN
AVENUE, TUSTIN, CA.
The Planning Commission of the City of Tustin does hereby
resolve as follows:
I ·
The Planning Commission finds and determines as
follows:
A·
That proper applications, Conditional Use
Permit 94-012 and Variance 94-012, were filed
by Frank Torki to authorize 1) the
establishment and operation of a service
station facility in the Retail Commercial
(C-1 P) District pursuant to City Code Section
9232(b) (k); 2) the establishment of a
convenience store pursuant to City Code
Section 9232(b) (u); and the establishment of
an alcoholic beverage sales establishment
which sells beer and wine (Type 20 License)
pursuant to City Code Section 9232(b) (p)
located at 16851 McFadden Avenue, Tustin,
California.
B,
That a public hearing was duly called, noticed
and held for said application on October 24,
1994 by the Planning Commission and was
continued to November 14, 1994.
Ce
That the establishment, maintenance, and
operation of the service station use applied
for will not, under the circumstances of this
case, be detrimental to the health, safety,
morals, comfort, or general .welfare of the
persons residing or working in the
neighborhood of such proposed use nor be a
detriment to the property and improvements in
the neighborhood of the subject property, nor
to the general welfare of the City of Tustin
as evidenced by the following findings:
·
The proposed site shall comply with the
Orange County Sanitation District
guidelines for discharge produced on
site. The site lighting will be designed
to provide adequate lighting for security
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
26
27
28
Resolution No. 3304
Page 2
Do
·
purposes, and as well as provide proper
devices to restrict glare toward adjacent
properties or the public right-of-way.
The applicant proposes to install
landscaping adjacent to most walls and
will be required to paint the exterior of
the building with "anti-graffiti" coating
to reduce the opportunity for vandalism
and graffiti.
The proposed service station use is
similar and compatible with the
surrounding existing uses with respect to
hours of operation, traffic generation,
noise, and freeway orientation. The
service station use would not be expected
to have any additional impacts in terms
of traffic, water and sanitation
requirements and utility usage than the
previous service station use or other
existing commercially zoned parcels
surrounding the site. As conditioned,
any potential adverse impacts related to
noise, lighting, drainage, or waste
generation will be mitigated through
conditions of approval.
·
The existing service station building is
in scale with the surrounding existing
structures and the proposed renovation
will be architecturally compatible with
surrounding buildings in that no major
architectural changes are proposed and
colors and roofing materials will be
similar to adjacent structures. The
applicant is proposing the installation
of landscaped areas located at the
perimeter of the site and adjacent to the
auto service building to soften the
impact of these paved areas on the site.
That the establishment, maintenance, and
operation of the convenience store and
alcoholic beverage sales establishment uses
applied for will not, under the circumstances
of this case, be detrimental to the health,
safety, morals, comfort, or general welfare of
the persons residing or working in the
neighborhood of such proposed use nor be a
detriment to the property and improvements in
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Resolution No. 3304
Page 3
the neighborhood of the subject property, nor
to the general welfare of the City of Tustin
as evidenced by the following findings:
Although there are four (4) other
convenience stores in the vicinity which
also provide alcoholic beverages for off-
site consumption, the subject location
does meet the distance criteria
established in the City Code for off-site
alcoholic beverage sales establishments.
The nearest off-site establishment is
located more than 350 feet from the
proposed business.
·
The convenience store would provide
grocery items, non-prescription drugs,
sundries and other convenience items
which are needed by those residing in the
neighborhood.
®
To discourage the potential for
loitering, outdoor public telephones,
pool tables, coin operated games and
video games would not be provided at this
location.
·
Western Union and check cashing services
would be prohibited given safety
concerns, thereby significantly reducing
the potential for criminal activity on
the property.
·
The State Department of Alcoholic
Beverage Control would monitor and
regulate the sales of alcoholic beverages
at the proposed business.
·
No alcoholic beverages shall be consumed
on the subject property.
·
No more than 10% of the total gross floor
area of the building shall be devoted to
the sale, display and storage of
alcoholic beverage items.
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Resolution No. 3304
Page 4
·
·
To discourage shoplifting, refrigerated
single-serving alcoholic beverage
containers shall be located in an
enclosed refrigeration unit no less than
ten (10) feet from the point of sale.
The future installation of any exterior
freestanding vending machines, such as
but not limited, beverage or soda
machines, candy, magazine racks, and any
other retail product is prohibited.
Ee
A Negative Declaration has been prepared and
certified for this project in accordance with
provisions of the California Environmental
Quality Act.
II. The Planning Commission hereby approves Conditional
Use Permit No. 94-012 authorizing the establishment
and operation of a service station use, a
convenience store and alcoholic beverage sales
establishment within the Retail Commercial (C-1 P)
District located at 16851 McFadden Avenue, Tustin,
CA, subject to the conditions contained in Exhibit
A, attached hereto.
PASSED AND ADOPTED at a regular meeting of the Tustin
Planning Commission, held on the 14th day of November,
1994.
Secretary
~.L/. ~ '-///
Chairman~ ~ !
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Resolution No. 3304
Page 5
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, BARBARA REYES, the undersigned, hereby certify that I
am the Recording Secretary of the Planning Commission of
the City of Tustin, California; that Resolution No. 3304
was duly passed and adopted at a regular meeting of the
Tustin Planning Commission, held on the 14th day of
November, 1994.
Recording Secretary
EXHIBIT A
CONDITION~ff., USE PERHIT 94-0L2
CONDITIONS OF APPROV~ff.,
RESOLUTION NO.'3304
GENEI~,L
(1) 1.1 The proposed project shall substantially conform with the
submitted plans for the project date stamped November 14,
1994 on file with the Community Development Department,
as herein modified, or as modified by the Director of
Community Development Department 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 to be consistent
with provisions of the Tustin City Code.
(1) 1.2 Unless otherwise specified, the conditions contained in
this Exhibit shall be complied with prior to the issuance
of any building permits for the project, subject to
review and approval by the Community Development
Department.
(1) 1.3 Conditional Use Permit approval shall become null and
void unless all permits are issued and substantial
construction is underway and an Alcoholic Beverage
Control License Type "20" is obtained from ABC and the
sale of beer and wine begins within twelve (12) months of
the date of this Exhibit. Time extensions may be granted
by the Planning Commission if a written request is
received by the Community Development Department within
thirty (30) days prior to expiration.
(1) 1.4 Approval of Conditional Use Permit 94-012 is contingent
upon the applicant and property owner signing and
returning an "Agreement to Conditions Imposed" form as
established by the Director of Community Development.
(1) 1.5 The applicant shall hold and defend the City of Tustin
harmless for all claims and liabilities arising out of
City's approval of the entitlement process for this
project.
SOURCE CODES
(1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT
(2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES
(3) UNIFORM BUILDING CODE/S (7)' PC/CC POLICY .,
(4) DESIGN REVIEW
*** EXCEPTION
Exhibit A - Conditions of Approval
Resolution No. 3304
Conditional Use Permit 94-012
Page 2
PLAN SUBMITTAL
(3) 2.1 At building plan check submittal the following shall be
provided:
(3) A.
Construction plans, structural calculations, and
Title 24 energy calculations. Requirements of the
Uniform Building Codes, State Handicap and Energy
Requirements shall be complied with as approved by
the Building Official.
(2) B.
(3)
Preliminary technical detail and plans for all
utility installations including telephone, gas,
water and electricity. Additionally, a note on
plans shall be included stating that no field
changes shall be made without corrections submitted
to and approved by the Building Official.
(2) C.
(3)
Final grading and specifications consistent with the
site plan and landscaping plans and prepared by a
registered civil engineer for approval by the
Community Development Department.
(2)
(3)
De
A precise soils engineering report provided by a
soils engineer within the previous twelve (12)
months. Expanded information regarding the levels
of hydrocarbons and ground water contamination
found on site shall be provided in the submitted
soils report.
(9)
E®
The applicant shall provide details of all proposed
lighting fixtures and a photometric study showing
the location and anticipated distribution pattern
of light 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) footcandle of light coverage,
in accordance with the City's Security Code.
(1)
(5)
Fe
Information, plans and/or specifications to ensure
satisfaction of all Public Works Department
requirements.
Exhibit A - Conditions of Approval
Resolution No. 3304
Conditional Use Permit 94-012
Page 3
(5)
(1)
Ge
Information to ensure compliance with requirements
of the Orange County Fire Chief including required
fireflow and installation, where required, of fire
hydrants subject to approval of the Fire
Department, City of Tustin Public Works Department
and East Orange County Water District.
(5) H.
Information to ensure compliance with the
requirements of the Orange County Sanitation
District No. 7.
(1) Z.2 The applicant shall comply with the following conditions
pertaining to the requirement for a Water Quality
(2) Management Plan:
(5)
A. Prior to issuance of building permits, the
applicant shall submit for approval by the
Community Development and Public Works Departments,
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 specified
detailing implementation of BMPs whenever they are
applicable to the project; the assignment of
long-term maintenance responsibilities (specifying
the developer, parcel owner, maintenance
association, lessee, etc.); and, reference to the
location(s) of structural BMPs.
Be
Prior to issuance of grading or demolition permits,
the applicant shall obtain coverage under the NPDES
Statewide Industrial Stormwater Permit for General
Construction Activities from the State Water
Resources Control Board. Evidence that this has
been obtained shall be submitted to the Building
Official of the City of Tustin.
Ce
Prior to issuance of certificates of use and
occupancy, building permits for individual tenant
improvements or construction permits for a tank or
pipeline, uses shall be identified and, for
specified uses, the applicant shall propose plans
and measures for chemical management (including,
but not limited to, storage, emergency response,
employee training, spill contingencies and.
disposal) to the satisfaction of the City of
Tustin. Chemical management plans shall be
approved by the City of Tustin and other specified
agencies such as the Orange County Fire Department,
the Health Care Agency, and sewering agencies to
ensure implementation of each agency's respective
Exhibit A - Conditions of Approval
Resolution No. 3304
Conditional Use Permit 94-012
Page 4
requirements. Further, a copy of the approved
"Chemical Management Plans" shall be furnished to
the Building Official of the City of Tustin, prior
to the issuance of any certificate of use and
occupancy. Certificates or permits may be
ministerially withheld if features needed to
properly manage chemicals cannot be incorporated
into a previously completed building, center, or
complex.
(1) 2.3 Specifications at Building Permit plan check submittal
shall reflect materials call-outs on all elevations with
applicable details and notes added.
(1) 2.4 A note shall be provided on final plans that a six (6)
foot-high chain linked 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.
(2) 2.5 A corrective action 'plan for soil remediation on this
(5) site that describes and justifies the proposed
remediation system on-site shall be submitted to and
approved by the Community Development Department and
Orange County Health Care Agency (OCHCA). This report
must indicate: a) the locations of monitoring and
extraction wells proposed at the site; b) which wells
will be abandoned, if necessary; and c) where replacement
wells will be located after site construction is
complete. Replacement well shall be specifically
identified on the site plan and located to not obstruct
site access, building locations or parking required
spaces.
(2) 2.6 A workplan for all modifications to the remediation
(5) system at the subject site must be submitted to and
approved by the OCHCA, with approved copies of such
workplan provided to the Community Development
Department.
(2) 2.7 The applicant shall provide to OCHCA a report on the
(5) findings of the most recent soil samples collected.
These findings will allow OCHCA to evaluate the levels of
~ hydrocarbons and ground water contamination found, on the
site.
(2) 2.8 A vapor risk assessment that evaluates the potential
(5) health risks, to the occupants of the proposed buildings,
posed by any residual subsurface contamination at the
subject site shall be submitted to and approved by the
Exhibit A - Conditions of Approval
Resolution No. 3304
Conditional Use Permit 94-012
Page 5
OCHCA, with approved copies of such assessment provided
to the Community Development Department. The Agency
requires a vapor risk assessment for any contaminated
sites where the land use will change from automotive
repair or fueling station to any other commercial or
residential use.
SITE AND BUILDING CONDITIONS
*** 3.1 The applicant shall designate a minimum of two (2) of the
four (4) parking spaces along the easterly property line
as "employee parking only." The designated spaces shall
be those which are located toward the northerly end of
the drive aisle.
(1) 3.2 All exterior colors to be used shall be subject to review
(4) and approval of the Director of the Community Development
Department. All exterior treatments shall be coordinated
with regard to color, materials and detailing and noted
on submitted construction plans and elevations shall
indicate all colors and materials to be used.
(1) 3.3 Ail mechanical and electrical fixtures and equipment
(4) shall be adequately and decoratively screened. The
screen shall be considered as an element of the overall
design of the project and shall blend with the
architectural design of building. All telephone and
electrical boxes shall be indicated on the building plans
and shall be completely screened. Electrical
transformers shall be located toward the interior of the
project maintaining sufficient distance to minimize
visual impacts from McFadden Avenue and Tustin Village
Way.
(1) '3.4 Mechanical Equipment such as, but not limited to heater
(4) and filter units, pump units, air conditioning condensers
and similar devices shall be screened from street view.
(1) 3.5 Exterior elevations of the building shall indicate any
(4) fixtures or equipment to be located on the roof of the
building, equipment heights and type of screening. All
roof mounted equipment, vents, exhausts or other roof
penetrations shall be located a minimum of 6 inches below
the top of parapets.
(1) 3.6 Provide drawings indicating wall materials, cap and other
(4) decorative treatments and color. Property line walls
shall be consistent with main building treatments.
Retaining walls shall have exterior treatments consistent
with other walls. Provide wall/fence legend on site plan
including retaining walls, if any.
Exhibit A - Conditions of Approval
Resolution No. 3304
Conditional Use Permit 94-012
Page 6
(1) 3.7 "No Loitering" signs shall be posted on the site, with
sign details and locations to be approved by the
Community Development Department.
(1) 3.8 Ail exposed metal flashing or trim shall be painted to
match the building.
(1) 3.9 A sufficient number of trash bins with surrounding
enclosure shall be located on the property and maintained
to avoid health issues for neighboring areas. An
adequate size trash enclosure with solid metal, self-
closing, self-latching gates shall be provided. Said
enclosure'shall be screened by a solid decorative wall
and be of a minimum height of six feet. The location of
the enclosure and types of screening and details of the
enclosure shall be submitted at building plan check and
are subject to approval by the Community Development
Department. Details shall include gate attachment,
architecture, color and materials. The location of bins,
sizes and quantities shall be reviewed and accepted by
Great Western Reclamation.
(1) 3.10 No exterior down spouts shall be permitted. Ail roof
(4) drains shall utilize interior piping, but may have
exterior outlets at base of buildings.
(1) 3.11 Ail on-site pavement shall be completely resurfaced and
sealed. Pedestrian walkways shall be replaced or
repaired such that they are free of significant cracks or
other damage. Existing curbing shall also be replaced or
repaired. Color and materials of curbing are subject to
review and approval by the Community Development
Department.
(1) 3.12 Three (3) inch striping detail shall be shown for all
parking spaces. Handicapped marking shall be.~rovided on
the designated accessible parking space.
(6) 3.13 The landscape materials shall not conflict with the
visual requirements of the property's driveway
approaches.
(1) 3.14 The overall lighting for the project shall comply with
the City of Tustin Security Ordinance and shall provide
a minimum of one (1) footcandle of lighting illumination
throughout the site. All .exterior lighting shall be
arranged as not to direct light or glare onto adjacent
properties or streets.
(1) 3.15 Provide exact details of all exterior door and window
types, including but not limited to such information as
frame color and glass tint.
Exhibit A - Conditions of Approval
Resolution No. 3304
Conditional Use Permit 94-012
Page 7
USE RESTRICTIONS/OPEP. ATIONS
(1) 4.1 Ail construction operations, including engine warm up,
(9) shall be subject to the provisions of the City of Tustin
Noise Ordinance and shall take place only during the
hours of 7:00 a.m. until 6:00 p.m., Monday through
Friday; or other times that the Building Official
determines will be in conformance with the Noise
Ordinance and the public health and safety will not be
impaired, subject to application being made at the time
the permit for the work is awarded or during progress of
the work.
(1) 4.2 The property owners of the service station facility shall
be responsible for the daily maintenance and up-keep of
the subject center, including but not limited to trash
removal, painting, graffiti removal and maintenance of
improvements to ensure that the facilities are maintained
in a neat and attractive manner. All graffiti shall be
removed within 72 hours of a complaint being transmitted
by the City to the property owner. Failure to maintain
said structures and 'adjacent facilities will be grounds
for City enforcement of its Property Maintenance
Ordinance, including nuisance abatement procedures. The
applicant is required to coat and protect all wall
surfaces with a graffiti resistant finish and/or
material.
*** 4.3 The installation and/or operation of outdoor public
telephones on the subject site shall be prohibited.
(1) 4.4 Ail business activity, sales, displays or other business
activities shall be conducted entirely within the subject
building with the exception of the dispensing of
petroleum products, air and water from the pump islands.
*** 4.5 Business hours for the proposed service station
establishment shall be permitted to extend to 24 hours
per day.
(1) 4.6 The outdoor storage of vehicles on the subject property
is prohibited.
*** 4.7 No vehicle shall be parked on the premises for the
purposed ofloffering same for sale.
*** 4.8 No used or discarded automotive parts or equipment; or
disabled, junked or wrecked vehicles may be located on
the site.
Exhibit A - Conditions of Approval
Resolution No. 3304
Conditional Use Permit 94-012
Page 8
(1) 4.9 Outside address speakers, telephone bells, buzzers and
(2) similar devices which are audible from adjoining
properties shall be prohibited.
*** 4.10 The cashier location shall be provided with direct visual
access to the pump islands and to vehicles parked
adjacent to the pump islands.
*** 4.11 The future' installation of any exterior freestanding
vending machines, such as but not limited, beverage or
soda machines, candy, magazine racks, and any other
retail product is prohibited.
*** 4.12 No pool tables, coin operated games or video games shall
be provided at this location.
*** 4.13 The operation of any check cashing or money transfer
facilities at this location shall be prohibited.
*** 4.14 The hours of sales of alcoholic beverages at this
location shall be limited to between the hours of 6:00
a.m. and 10:00 p.m. unless an extension of these hours is
approved through an' amendment to this Conditional Use
Permit. These hours shall be displayed on a sign posted
in a visible location within the subject convenience
store. The location of said sign shall be subject to
approval by the Community Development Department.
(1) 4.15 No alcoholic beverages shall be consumed on the subject
property.
*** 4.16 No more than 10% of the total gross floor area of the
building shall be devoted to the sale, display and
storage of alcoholic beverage items.
(1) 4.17 To discourage shoplifting, refrigerated single-serving
alcoholic beverage containers shall be located in an
enclosed refrigeration unit no less than ten (10) feet
from the point of sale.
(2) 4.18 Ail persons selling alcoholic beverages shall be 18 years
of age or older and shall be supervised by someone 21
years of age or older. A supervisor shall be present in
same area as point of sale.
LANDSCAPING, GROUNDS AND HARDSCAPE ELEMENTS
(1) 5.1 Prior to the issuance of any building or grading permits,
submit at plan check complete detailed landscaping and
irrigation plans for all landscape areas proposed on the
Exhibit A - Conditions of Approval
Resolution No. 3304
Conditional Use Permit 94-012
Page 9
site consistent with adopted City of Tustin Landscaping
and Irrigation Submittal Requirements. Provide summary
table applying indexing identification to plant materials
in their actual location. The plant table shall list
botanical and common names, sizes, spacing, location and
quantity of the plant materials proposed. Show planting
and berming details, soil preparation, staking, etc. The
irrigation plan shall show location and control of
backflow prevention devices, pipe size, sprinkler type,
spacing and coverage. Details for all equipment must be
provided. Show all property lines on the landscaping and
irrigation plan, 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. Note on landscaping plan
that coverage of landscaping and irrigation materials is
subject to field inspection at project completion by the
Community Development Department
(1) $.2 The submitted landscaping plans at plan check shall
reflect the following requirements, either incorporated
into the design and/or construction or included as notes:
ae
Shrubs shall be a minimum of five gallon size and
shall be spaced a minimum of eight feet on center
when intended as screen planting.
be
Groundcover shall be planted between eight to
twelve inches on center.
When one gallon plant sizes are used the spacing
may vary according to materials used.
de
Fences, walls and equipment areas shall be screened
with shrubs and/or vines and trees.
Se
Ail plant materials shall be installed in a
healthy, vigorous condition typical to the species
and must be maintained in a neat and healthy
condition. Maintenance includes, but is not
limited to, trimming, mowing, weeding, removal of
litter, fertilizing, regular watering, and
replacement of diseased or dead plants.
f ·
Buffer driveway and parking areas with landscaping
berms when possible.
ge
Six (6) inch raised concrete curbs shall be placed
on-site adjacent to all landscape planting areas,
unless approved otherwise by the Community
Development Department.
Exhibit A - Conditions of Approval
Resolution No. 3304
Conditional Use Permit 94-012
Page 10
he
Perimeter walls should be treated with vines in
order to relieve large expanse of walls with
greenery and color. Vines should be informally
grouped with training devices installed.
(1) 5.3 Screening adjacent to roadways, whenever possible, shall
(7) compliment the architecture, color and construction
(4) material of primary buildings on the site.
(1) 5.4 Ail walls, fences or landscaping adjacent to streets
(7) should be designed to provide adequate sight distance for
(4) vehicles exiting the project. Ail walls shall be
designed in accordance with height standards and sight
distances as identified in the City Code where
applicable.
(1) 5.5 A minimum five (5) foot wide planter area shall be
(4) provided along the street frontage property line in all
(7) areas except driveway areas. Existing damaged planters
shall be repaired or replaced to be compatible with new
planters.
PUBLIC WORKS DEPARTMENT
(5) 6.1 The City will be acquiring an additional ten (10) feet of
right-of-way along the McFadden Avenue frontage and an
additional five (5) feet of right-of-way along the Tustin
. Village Way frontage. The City of Tustin shall be
permitted to obtain, at no cost, a right-of-entry for all
on-site joins when the ultimate street improvements are
constructed. The right-of-entry shall terminate on the
date that the notice of completion is recorded at the
Orange County Recorder's Office.
(5) 6.2 The City will be acquiring right-of-way at the corner
cut-off for the construction of a curb ramp per City
Standard No. 124. This acquisition may require the
future relocation, of the existing monument sign.
(5) 6.3 A separate 24" x 36" street improvement plan, as prepared
by a California Registered Civil Engineer, will be
required for all construction within the public right-of-
way.
(5) 6.4 A separate 24" x 36" reproducible traffic control, plan,
as prepared by a California Licensed Traffic Engineer
and/or Civil Engineer experienced in this type of plan
preparation, will be required.
(1) 6.5 Construction or replacement of any missing or damaged
public improvement along the frontage of the subject
Exhibit A - Conditions of Approval
Resolution No. 3304
Conditional Use Permit 94-012
Page 11
parcel will be required, which shall include, but not
limited to the following:
a®
Curb and gutter;
Sidewalk;
Drive apron; and
Street paving;
BUILDING DIVISION
(5) 7.1 A level floor or landing shall be provided at all
provided doors. This area shall have a length of 60
inches in the direction of the door swing and 48 inches
in the opposite direction of the door swing.
(5) ?.Z Ail new glass doors and windows shall be tempered per UBC
Section 5406.
(5) 7.3 At the time of building permit application, the plans
shall comply with the 1991 Uniform Building Code, other
related codes, City Ordinances, and State and Federal
laws and regulations.
(5) 7.4 Before permit issuance, clearances from the following are
required: Orange County Health Department, Orange County
Fire Department, South Coast Air Quality Management
District, and the State Department of Occupational Safety
and Health.
(1) 7.5 "A parking space, primary entrance to the building, the
primary paths of travel, cashier space sanitary
facilities, drinking fountain, and public telephones
shall be accessible to persons with disabilities."
FIRE DEPARTMENT
(5) 8.1 Prior to the issuance of any building permits for
combustible construction, a letter and plan from the
developer shall be submitted to and approved by the Fire
Chief. This letter and plan shall state that water for
fire fighting purposes and an all weather fire access
road shall be in place before any combustible materials
are placed on the site.
,
(5) 8.2 Prior to the issuance of any certificates of use and
occupancy, all fire hydrants shall have a "Blue
Reflective Pavement Marker" indicating its location on
the street or drive per the Orange County Fire Department
Standard. On private property these markers are to be
maintained in good condition by the property owner.
Exhibit A - Conditions of Approval
Resolution No. 3304
Conditional Use Permit 94-012
Page 12
(5) 8.3 Prior to the issuance of any building permits, the
applicant shall submit a detailed letter of intended use
for the building.
(5) 8.4 Prior to the issuance of any building permits, contact
the Orange County Fire Department Hazardous Materials
Disclosure Office at (714) 744-0463 to obtain a
"Hazardous Materials Business Information and Chemical
Inventory Packet". This shall be completed and submitted
to the Fire Chief before the issuance of any building
permits.
(5) 8.5 Prior to the issuance of any grading permits, the
applicant shall submit to the Fire Chief a list of the
quantities of all hazardous, flammable and combustible
materials, liquids or gases. These liquids and materials
are to be classified according to the "Orange County Fire
Department Chemical Classification Handout". Provide a
summary sheet listing each hazard class, the total
quantity of chemicals stored per class and the total
quantity of chemicals used in that class. All forms of
materials are to be converted to units of measure in
pounds, gallons and. cubic feet. Compressed gases and
compressed liquified gases are to be converted to cubic
feet.
(5) 8.6 The following notes shall be provided on the site plan:
ao
Fire Department final Inspection is required.
Schedule inspection two (2) days in advance. Fire
Department telephone number is (714) 832-1011.
be
Location and classifications of extinguisher to be
determined by Fire Inspector.
C.
Storage, dispensing or use of any flammable and
combustible liquids, flammable and compressed
gasses and other hazardous materials shall comply
with Uniform Fire Code Regulations.
do
Building(s) not approved for high piled combustible
storage. Materials in closely packed piles shall
not exceed 15 feet in height, 12 feet on pallets or
in racks and 6 feet for tires, plastics and some
flammable liquids. If high stock piling, comply
with UFC , Article 81 and NFPA Standard 231 and
231D.
Exhibit A - Conditions of Approval
Resolution No. 3304
Conditional Use Permit 94-012
Page 13
e®
Plans of modification to or new fire protection,
detector or alarm system(s) shall be approved by
the Fire Department prior to installation.
(5) 8.7 The building exits shall comply with the 1991 Uniform
Building Code Section 503(a)(5) and Section 3303(c).
FEES
(1) 9.1 Payment of the following fees prior to the issuance of
any building permits shall be required:
a®
Ail applicable sign design review and building,
grading and private improvement plan check and
permit fees to the Community Development
Department.
*** 9.2 Within forty-eight (48) hours of approval of the subject
(5) project, the applicant shall deliver to the Community
Development Department, a cashier's check payable to the
COUNTY CLERK in the amount of $25.00 (twenty five
dollars) pursuant to' AB. 3158, Chapter 1706, Statues of
1990, to enable the City to file the Notice of
Determination required under Public Resources Code
Section 21152 and 14 Cal. Code of Regulations 15075. If
within such forty-eight (48) hour period that applicant
has not delivered to the Community Development Department
the above-noted check, .the approval for the project
granted herein shall be considered automatically null and
void.
In addition, should the Department of Fish and Game
reject the Certificate of Fee Exemption filed with the
Notice of Determination and require payment of fees, the
applicant shall deliver to the Community Development
Department, within forty-eight (48) hour of notification,
a cashier's check payable to the COUNTY CLERK in the
amount of $1,250 (one thousand, two hundred fifty
dollars) pursuant to AB 3158, Chapter 1706, Statues of
1990. If this fee is imposed, the subject project shall
not be operative, vested or final unless and until the
fee is paid.
SR:br