HomeMy WebLinkAboutZA Item #1 12-16-13AGENDA •
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MEETING DATE: DECEMBER 16, 2013
TO: ZONING ADMINISTRATOR
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: CONDITIONAL USE PERMIT 2013 -15
APPLICANT:
PROPERTY OWNER:
ELDON JOHNS KIMCO REALTY
CRUNCH FITNESS C/O BILL BROWN
2055 N. STAGE TERRACE 23 MAUCHLY, SUITE 100
FALLBROOK, CA 92028 IRVINE, CA 92618
LOCATION: 520 E. 1ST STREET, SUITE 502B
GENERAL PLAN: PLANNED COMMUNITY COMMERCIAL /BUSINESS
ZONING: FIRST STREET SPECIFIC PLAN
ENVIRONMENTAL
STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1)
PURSUANT TO SECTION 15301 OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT.
REQUEST: TO ESTABLISH AND OPERATE A FITNESS CENTER LOCATED
WITHIN AN EXISTING 16,520 SQUARE -FOOT TENANT SPACE.
Zoning Administrator
December 16, 2013
CUP 2013 -15
Page 2
RECOMMENDATION
That the Zoning Administrator adopt Zoning Administrator Action No. 13 -013 approving
Conditional Use Permit 2013 -15 to establish and operate a fitness center within an existing
16,520 square -foot tenant space located at 520 E. 1st Street, Suite 502B.
APPROVAL AUTHORITY
The project site is located within the First Street Specific Plan (SP10) zoning district.
The SP10 permits commercial recreation facilities including tennis, racquetball, bowling,
ice skating, athletic clubs and similar uses subject to the approval of a Conditional Use
Permit (CUP). Tustin City Code Section 9299b3(f) authorizes the Zoning Administrator
to review applications for minor conditional use permits for existing developments where
there would be no change of primary use, there would be no expansion of floor area,
and the request would not alter the original intent of the project or site.
BACKGROUND
Location and Surrounding Properties
The project site is located within the Larwin Square shopping center, which is bounded by
east 1st Street to the north, Newport Avenue to the southeast, commercial and office uses
to the south, and Centennial Way to the west (Figure 1). The property is within the First
Street Specific Plan Subarea 3 land use designation, which allows for commercial uses.
The Larwin Square shopping center has a total 215,885 gross square feet of tenant space,
which includes the three (3) main buildings on the north, south and west, and the office
building on 275 Centennial Way. The center also includes the following pad tenant
businesses: Kinkos FedEx, El Pollo Loco, Spires Restaurant and a U.S. Bank branch.
The proposed Crunch Fitness tenant space is located towards the northwest comer of the
shopping center and is currently vacant. The address provided by the applicant is 520 E.
1st Street, Suite 5028, previous businesses within this tenant space have used the
alternate address of 502 E. 1 st Street, Unit B. Adjacent tenants in the building include: OC
Goodwill and Full Moon Sushi Japanese restaurant.
Most of the properties adjacent to the Larwin Square are commercial in nature with the
exception of the Tustin Civic Center, residential, and office properties located to the west
across Centennial Way. The proposed tenant space is located in the northwest corner of
the shopping center and its main entrance faces east, toward the main parking area. With
the orientation of the main entrance toward the parking lot and the fact that the fitness
activities will occur inside the building, no impacts to the existing residential uses are
anticipated.
Zoning Administrator
December 16, 2013
CUP 2013 -15
Page 3
Figure 1
PROJECT DESCRIPTION:
Crunch Fitness is a nationwide fitness center that has corporate -owned and franchised
locations. The company's strategy is to provide a fitness and health club environment
for everyone on their own comfort level. The fitness centers offer a variety of
independent and group fitness opportunities and the client is able to pick and choose
their activity.
The proposed floor plan shows approximately 2,000 square feet area for men's and
women's locker rooms and approximately 2,000 square feet for a group fitness room.
The remaining approximate 12,500 square feet of space will include areas for
reception /front desk, administrative office, storage, tanning, lounge seating, free
weights, weight machines and cardio equipment such as treadmills, stationary bicycles,
elliptical machines and step machines. All fitness activities would occur indoors at the
facility.
Tenant improvements will be required for interior walls partitions, utilities, ventilation and
other interior preparation to accommodate gym equipment. Figure 2 shows the
proposed floorplan and gym equipment placement.
Zoning Administrator
December 16, 2013
CUP 2013 -15
Page 4
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Hgure 2
Hours of Operation
Crunch Fitness is proposing to operate seven (7) days a week between 5:00 AM to
11:00 PM.
These hours are consistent with other uses within the Larwin Square shopping center.
Modifications to the hours of operation may be approved by the Director of Community
Development if it is determined that no impacts to surrounding tenants or properties will
occur.
Parking
On July 12, 1999, the Planning Commission adopted Resolution No. 3684, approving
Conditional Use Permit (CUP) 99 -019 and Design Review (DR) 99 -019, for a project
involving a joint use parking agreement among various uses within the center and
addition to the Vons grocery store, respectively.
The CUP 99 -019 parking study established that the applicable parking demand ratio for
the shopping center is 3.24 parking spaces per 1,000 square feet. CUP 99 -019 states
that the minimum number of required parking spaces is 740 parking spaces, based on
3.24 parking demand spaces per 1,000 square feet.
According to the submitted plans, Larwin Square currently provides 844 parking spaces.
Based on the 740 parking spaces required by CUP 99 -019 and the existing 844 parking
spaces provided, there are 104 surplus parking spaces in the shopping center. The
Zoning Administrator
December 16, 2013
CUP 2013 -15
Page 5
subject tenant space would require 53.5 parking spaces as a retail location, based on
the parking demand ratio of 3.24 spaces per 1,000 square feet. However, as a gym
use, the tenant space would require 97.4 spaces, based on the demand ratio of 5.9
spaces per 1,000 square feet stated in the Institute of Transportation Engineers (ITE)
Parking Generation, 3`d Edition publication, which is 44 spaces more than the retail
demand for the tenant space. The additional demand of 44 parking spaces would result
in a remaining 60 surplus parking spaces (104 surplus spaces minus 44 new parking
demand). At plan check, an updated parking demand analysis would need to be
provided for review and approval by the Community Development Department.
No parking impacts are anticipated to result from the proposed use as there is a surplus
of parking stalls to meet the demand. Nonetheless, should a parking issue arise,
proposed Condition 2.3 would allow for reevaluation of the business and conditional use
permit.
FINDINGS:
In determining whether to approve the CUP for the fitness center, the Zoning
Administrator must determine whether or not the proposed use will be detrimental to the
health, safety, morals, comfort, or general welfare of the persons residing or working in the
neighborhood, nor be injurious or detrimental to the property and improvements in the
neighborhood of the subject property, or to the general welfare of the City of Tustin. A
decision to approve this request may be supported by the following findings:
1) Commercial recreation facilities including: tennis, racquetball, bowling, ice
skating, athletic clubs and similar uses are conditionally permitted within the First
Street Specific Plan and the proposed fitness center is similar to said uses.
2) All activities would occur entirely within the building.
3) Parking for the proposed use can be accommodated as there is an existing
surplus of 65 parking stalls in the Larwin Square shopping center to accommodate
the parking demand.
4) The proposed hours of operation are typical of a fitness center and are consistent
with other uses within the center.
5) As conditioned, no noise impacts are anticipated.
6) As conditioned, CUP 2013 -15 may be reviewed on an annual basis, or more often
if necessary, by the Community Development Director. If the use is not operated in
accordance with CUP 2013 -15 or is found to be a nuisance or negative impacts are
affecting the surrounding uses, the Community Development Director would have
the authority to impose additional conditions to eliminate the nuisance or negative
impacts or may initiate proceedings to revoke the CUP.
Zoning Administrator
December 16, 2013
CUP 2013 -15
Page 6
Staff recommends that that the Zoning Administrator adopt Zoning Administrator Action
No. 13 -013 approving Conditional Use Permit 2013 -15 to establish and operate a fitness
center within an existing 16,520 square -foot tenant space located at 520 E. 1st Street,
Suite 502B in the Larwin Square shopping center.
Edmelynn V. Hutter
Senior Planner
Attachments: A.
Location Map
B.
Land Use Fact Sheet
C.
Submitted Plans
D.
ZAA 13 -013
ATTACHMENT A
LOCATION MAP
I
LOCATION MAP
CUP 2013 -15
520 E. 1ST STREET, SUITE 5026
ATTACHMENT B
LAND USE FACT SHEET
LAND USE APPLICATION FACT SHEET
1. LAND USE APPLICATION NUMBER(S): CONDITIONAL USE PERMIT 2013 -15
2. LOCATION: LARWIN SQUARE SHOPPING CENTER 3. ADDRESS: 520 E. 1s' STREET. STE 502B
4. APN(S):401- 601 -01
5. PREVIOUS APPLICATION RELATING TO THIS PROPERTY: NONE
6. SURROUNDING LAND USES:
NORTH: OFFICE SOUTH: COMMERCIAL
EAST: COMMERCIAL WEST: RESIDENTIAL /COMMERCIAL/PUBLIC & INSTITUTIONAL
7. SURROUNDING ZONING DESIGNATION:
91
Q
NORTH: SP10 -OFFICE SOUTH: Cl & C2 — RETAIL & CENTRAL COMMERCIAL
EAST: Cl - RETAIL COMMERCIAL WEST: R3 -MULTIPLE FAMILY RESIDENTIAL
Cl — RETAIL COMMERICIAL
P &I — PUBLIC & INSTITUTIONAL
SURROUNDING GENERAL PLAN DESIGNATION:
NORTH: PC COMMERCIAL /BUSINESS
EAST: COMMUNITY COMMERCIAL
SITE LAND USE:
SOUTH: PC COMMERCIAL /BUSINESS
WEST: HIGH DENSITY RESIDENTIAL
COMMUNITY COMMERCIAL
PUBLIC /INSTITUTIONAL
A. EXISTING: COMMERCIAL B. PROPOSED: COMMERCIAL
C. GENERAL PLAN: PC COMMERCIAL /BUSINESS D. ZONING: FSSP
PROPOSED GP: SAME PROPOSED ZONING: SAME
DEVELOPMENT FACTS:
10. LOT AREA: 15.7 ACRES (APPROX.)
11. TENANT SPACE: 16.520 S.F.
12. PARKING: 784 REQUIRED STALLS 805 PROVIDED STALLS
13. EXTERIOR IMPROVEMENTS: N/A
ATTACHMENT C
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ZONING ADMINISTRATOR ACTION NO. 13 -013
ZONING ADMINISTRATOR ACTION 13 -013
CONDITIONAL USE PERMIT 2013 -15
520 E. 1sT STREET, SUITE 502B
The Zoning Administrator of the City of Tustin does hereby resolve as follows:
I. The Zoning Administrator finds and determines as follows:
A. That a proper application for Conditional Use Permit 2013 -15 was filed by
Eldon Johns of Crunch Fitness, requesting authorization to establish and
operate a fitness center within an existing 16,520 square -foot tenant space
located at 520 E. 15t Street, Suite 502B in the Larwin Square shopping
center.
B. That the property is zoned First Street Specific Plan (SP 10) and has a land
use designation of Planned Community Commercial /Business within the
General Plan, which provides for a variety of retail and service commercial
uses including commercial recreation uses. The project is consistent with
the Air Quality Sub - element of the City of Tustin General Plan.
C. That in accordance with TCC Section 9299b(3)(f), the Zoning
Administrator is authorized to consider minor conditional use permits for
existing development where there would be no change of primary use,
there would be no expansion of floor area, and the request would not alter
the original intent of the project or site.
D. That a public hearing was duly called, noticed, and held for Conditional Use
Permit 2013 -15 on December 16, 2013, by the Zoning Administrator.
E. That the establishment, maintenance, and operation of the proposed fitness
center 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:
1) Commercial recreation facilities including tennis, racquetball,
bowling, ice skating, athletic clubs and similar uses are
conditionally permitted within the First Street Specific Plan and the
proposed fitness center is similar to said uses.
2) All activities would occur entirely within the building.
3) Parking for the proposed use can be accommodated as there is an
existing surplus of 104 parking stalls in the Larwin Square shopping
center to accommodate the parking demand.
Zoning Administrator Action 13 -013
Conditional Use Permit 2013 -15
Page 2
4) The proposed hours of operation are typical of a fitness center and
are consistent with other uses within the center.
5) As conditioned, no noise impacts are anticipated.
6) As conditioned, Conditional Use Permit 2013 -15 may be reviewed on
an annual basis, or more often if necessary, by the Community
Development Director. If the use is not operated in accordance with
Conditional Use Permit 2013 -15 or is found to be a nuisance or
negative impacts are affecting the surrounding uses, the Community
Development Director would have the authority to impose additional
conditions to eliminate the nuisance or negative impacts or may
initiate proceedings to revoke the Conditional Use Permit.
F. That this project is categorically exempt pursuant to Section 15301, (Class
1) of Title 14, Chapter 3 of the California Code of Regulations (Guidelines
for the California Environmental Quality Act).
II. The Zoning Administrator hereby adopts Zoning Administrator Action No. 13 -013
approving Conditional Use Permit 2013 -15 authorizing the operation of a fitness
center within an existing 16,520 square -foot tenant space located at 520 E. 1sT
Street, Suite 502B in the Larwin Square shopping center, subject to the conditions
contained within Exhibit A attached hereto.
PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular
meeting held on the 16th day of December, 2013.
ELIZABETH A. BINSACK
ACTING ZONING ADMINISTRATOR
VERA TISCARENO
RECORDING SECRETARY
Zoning Administrator Action 13 -013
Conditional Use Permit 2013 -15
Page 3
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, VERA TISCARENO, the undersigned, hereby certify that I am the Recording Secretary
of the Zoning Administrator of the City of Tustin, California; that Zoning Administrator
Action No. 13 -013 passed and adopted at a regular meeting of the Tustin Zoning
Administrator, held on the 16th day of December, 2013.
VERA TISCARENO
RECORDING SECRETARY
EXHIBIT A
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT 2013 -15
520 E. 1sT STREET, SUITE 502B
GENERAL
(1) 1.1 The proposed project shall substantially conform with the submitted
plans for the project date stamped December 16, 2013, 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, subject to review and approval by the
Community Development Department.
(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 Approval of Conditional Use Permit 2013 -15 is contingent upon the
applicant and property owner signing and returning to the Community
Development Department a notarized "Agreement to Conditions Imposed"
form and the property owner signing and recording with the County Clerk -
Recorder a notarized "Notice of Discretionary Permit Approval and
Conditions of Approval' form. The forms shall be established by the
Director of Community Development, and evidence of recordation shall be
provided to the Community Development Department.
(1) 1.5 Any violation of any of the conditions imposed is subject to the issuance of
an Administrative Citation pursuant to Tustin City Code Section 1162(a).
(1) 1.6 Conditional Use Permit 2013 -15 may be reviewed on an annual basis, or
more often if necessary, by the Community Development Director. The
Community Development Director shall review the use to ascertain
compliance with conditions of approval. If the use is not operated in
accordance with Conditional Use Permit 2013 -15, or is found to be a
nuisance or negative impacts are affecting the surrounding tenants or
neighborhood, the applicant shall abate the nuisance or negative impact
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
Zoning Administrator Action 13 -013
Conditional Use Permit 2013 -15
Exhibit A
Page 2
immediately upon notice by the City of Tustin. If deemed necessary, the
Community Development Director shall impose additional conditions to
eliminate the nuisance or negative impacts, or may initiate proceedings to
revoke the Conditional Use Permit
(1) 1.7 As a condition of approval of Conditional Use Permit 2013 -15, 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 the defense of any such action under
this condition.
(1) 1.8 The applicant shall be responsible for costs associated with any necessary
code enforcement action, including attorney's fees, subject to the
applicable notice, hearing, and appeal process as established by the City
Council by ordinance.
(1) 1.9 Conditional Use Permit 2013 -15 may be reviewed annually or more often,
if deemed necessary by the Community Development Department, to
ensure compatibility with the area and compliance with the conditions
contained herein. If the use is not operated in accordance with the
conditions of approval or is found to be a nuisance or negative impacts
are affecting the surrounding tenants or neighborhood, the Community
Development Director may impose additional conditions to eliminate the
nuisance or negative impacts, or may initiate proceedings to revoke the
Conditional Use Permit.
USE RESTRICTIONS
(1) 2.1 Business hours are limited to the following:
5:00 AM to 11:00 PM Daily
Modifications to the hours of operation may be approved by the
Community Development Director if it is determined that no impacts to the
surrounding tenants or properties will occur.
(1) 2.2 All activities shall be located within the enclosed building. No
congregation and /or loitering in the parking area or walkways are allowed
in association with the use.
Zoning Administrator Action 13 -013
Conditional Use Permit 2013 -15
Exhibit A
Page 3
* ** 2.3 If in the future the City determines that a parking, traffic, or noise
problem 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, traffic study, or noise analysis
and the applicant shall bear all associated costs. If said study indicates
that there is inadequate parking or a traffic or noise problem, 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) Establish alternative hours of operation.
b) Reduce client enrollment.
c) Provide additional parking.
d) Provide noise attenuation improvements.
(1) 2.4 The project shall comply with the Tustin Noise Ordinance. The applicant
and /or business owner shall maintain the rear exterior door, in the
northwest corner of the tenant space, as an emergency exit door only in
order to minimize noise impact to the surrounding residential area.
(1) 2.5 No change or alteration of the tenant space shall occur without prior
approval of the Community Development Director. Major modifications to
the floor area, services and /or operation of the business may require
consideration of a new conditional use permit by the Zoning Administrator.
PLAN SUBMITTAL
* ** 3.1 At plan check, the applicant shall submit an updated parking study in
accordance with Tustin City Code Section 9264a for review and approval.
* ** 3.2 The proposed health club /gym use would change the occupancy
classification of the space to an assembly use which would be classified a
Group A, Division 3 occupancy. Table 508.4 of the 2010 California
Building Code requires a one -hour fire resistive barrier wall between the
mercantile tenants and this assembly use. Section 508 addresses mixed
use alternatives that can be utilized to show compliance with these
requirements. The design must show compliance with Section 508 and
any needed fire protection on the plans at time of building permit
application submittal.
Zoning Administrator Action 13 -013
Conditional Use Permit 2013 -15
Exhibit A
Page 4
* ** 3.3 Section 3408.1of the California Building Code may require a structural
seismic safety analysis /design. Any required seismic resistance
modifications would be done prior to occupancy. If the occupant load
exceeds 300, the structural Occupancy Category is III based on Table
1604.5. The existing building is Category II and therefore an
analysis /design is required if the occupant load exceeds 300. Section
1004.1.1 allows the building official to establish an occupant load based
on documentation of the actual number of occupants; therefore the
established occupant load could be less than 300. An occupant load sign
would be required to be posted per Section 1004.3 and the
owner /manager would be responsible to adhere to this condition.
(1) 3.4 At the time of building permit application, the plans shall comply with the
latest edition of State and City of Tustin adopted codes: California
Building Code, California Electrical Code, California Plumbing Code, City
Ordinances, and State and Federal laws and regulations. The applicant
shall note that the new California Building codes will take effect on
January 1, 2014.
(1), 3.5 Construction and Demolition Waste Recycling and Reduction Plan
(5) (WRRP)
a) The applicant/contractor may be required to submit a WRRP to
the Public Works Department. The WRRP must indicate how
the applicant will comply with the City's requirement (City Code
Section 4351, et al) to recycle at least 50 percent of the project
waste material.
b) The applicant may be required to submit a fifty - dollar ($50.00)
application fee and a cash security deposit. Based on the
review of the submitted Waste Management Plan, the cash
security deposit will be determined by the Public Works
Department in an amount not to exceed 5 percent of the
project's valuation.
c) Prior to issuance of a permit, if WRRP is required, the applicant
shall submit the required security deposit in the form of cash,
cashier's check, personal check, or money order made payable
to the "City of Tustin ".
ORANGE COUNTY FIRE AUTHORITY
(5) 4.1 Prior to issuance of any permits, the applicant apply for and obtain
approval for architectural review (Service Codes PR200- PR285) and fire
sprinkler system (Service Codes PR400- PR465), if required by the code
or if the building is currently sprinklered and the system requires
modification.
Zoning Administrator Action 13 -013
Conditional Use Permit 2013 -15
Exhibit A
Page 5
(5) 4.2 Prior to concealing interior construction, the applicant shall request and
obtain approval for a fire alarm system (Service Codes PR500- PR520), if
modified, provided voluntarily or required by code.
FEES
(1) 5.1 Prior to issuance of any permits, payment shall be made of all applicable
fees, including but not limited to, the following:
• Building and Planning plan check and permit fees
• Orange County Fire Authority fees
(1,5) 5.2 Within forty -eight (48) hours of approval of the subject project, the
applicant shall deliver to the Community Development Department, a
cashier's check payable to the COUNTY CLERK in the amount of 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.