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HomeMy WebLinkAbout03 Amendment to CUP 01-024G AGENDA FJEPORT MEETING DATE: MARCH 25, 2014 TO: PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: AMENDMENT TO CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT 01 -024 & REQUEST TO SATISFY A PORTION OF THE ON -SITE PARKING THROUGH THE OLD TOWN PARKING EXCEPTION FEE PROGRAM APPLICANT: LEASON POMEROY LP3 ARCHITECTURE, INC. 158 N. GLASSELL STREET, SUITE 201 ORANGE, CA 92866 PROPERTY OWNER: 155 EL CAMINO REAL, LLC 155 EL CAMINO REAL TUSTIN, CA 92780 LOCATION: 155 EL CAMINO REAL REQUEST: A REQUEST TO AMEND THE CONDITIONS OF APPROVAL OF PLANNING COMMISSION RESOLUTION NO. 3804 FOR CONDITIONAL USE PERMIT 01 -024 TO ALLOW OFFICE USES IN A BUILDING PREVIOUSLY APPROVED FOR A RETAIL /MAIL ORDER BUSINESS AND TO SATISFY A PORTION (FOUR (4) PARKING STALLS) OF THE REQUIRED ON -SITE PARKING THROUGH THE OLD TOWN PARKING EXCEPTION PROGRAM. PC Report March 25, 2014 CUP 01 -024 & Old Town Parking Exception Page 2 ENVIRONMENTAL: This project is categorically exempt pursuant to Section 15301 (Class 1) of the California Environmental Quality Act (CEQA). RECOMMENDATION: That the Planning Commission adopt Resolution No. 4255 approving an amendment to Conditions of Approval for Condition Nos. 1.1, 5.1, 5.2, and 10.3 of Resolution No. 3804 for Conditional Use Permit 01 -024 to allow for second floor office use and authorizing a parking exception of four (4) parking spaces for the property located at 155 El Caminio Real. BACKGROUND: The property is located within the Central Commercial (C -2) and Cultural Resources (CR) with Combining Parking (P) zoning district. The General Plan land use designation is Old Town Commercial which allows for a variety of retail, professional office, service commercial, and other uses which support the land use. The project site is located on an approximately 22,487 square foot lot and improved with a 10,464 square foot, two -story building (Figure 1). Figure 1 PC Report March 25, 2014 CUP 01 -024 & Old Town Parking Exception Page 3 Surrounding uses to the project are commercially zoned and also lie within the Central Commercial (C -2) and Cultural Resources (CR) with Combining Parking (P) zoning district, as well as within the First Street Specific Plan (FSSP) zoning district. The properties to the north within the FSSP are designated for Commercial purposes; however, the adjacent property to the north is still being utilized as a single family residence. The abutting property to the south is utilized as a dental office with a service commercial building fronting El Camino Real. Immediately across El Camino Real is a three story office building, a portion of the Be[ Air Motor Hotel which fronts First Street, and a dental office. Behind the property to the east are office uses. Similar mixed use infill buildings as provided at the subject property are located on the same block at 170 and 195 El Camino Real (under construction). Both of these properties have taken advantage of various parking exceptions as allowed by the Tustin City Code. CONDITIONAL USE PERMIT: On September 24, 2001, the Planning Commission adopted Resolution No. 3804, approving Conditional Use Permit 01 -024 and Design Review 01 -030, which authorized the construction of the subject building located at 155 El Camino Real for use by a mail order business tenant (Attachment D). Conditional Use Permit 01 -024 limits the first floor to be designated and used only as retail space. The second floor may be used for limited office use with mail order use. Condition 5.2 of Resolution No. 3804 requires that any modifications to the use of the building shall require approval of an amendment to Conditional Use Permit 01 -024 by the Planning Commission. I I I F-1 r A a •}�4i (� i � sc uruo iow- 4 � I ■xcT..0 gees. -� - �'; C�icalYS t I I tier r:¢w t. s►rte.. J w, CrGlrstic+'• a. (FRS err.✓ ,` 5, I .TS�C" Val U)Im¢n1 ~,. Q}.7L I fi'TO. u*�wca� !i., .PL Gbh11FiJ IePL Site Plan • �l �d+cu: sLS�" .fin ..ie�at N PC Report March 25, 2014 CUP 01 -024 & Old Town Parking Exception Page 4 The applicant, which is also a partial property owner, intends to continue to utilize the ground floor for retail purposes, but would like to use the second floor entirely for office purposes (see 2nd Floor Plan). Due to the uniqueness of the previous mail order business tenant, it has been difficult for the owners to find a similar tenant which would comply with Conditional Use Permit 01 -024. a �f e; waw i t Tl� P \ XCF PJ PAJ FPO 0 1 ' 'x... iia %ISNmi �I yLJ� F 11I�k.��ta�vi. 9.� �yS. -;:�T 9Y >ri1ro(n„'ti .0 1 LPRC.F.I. II k L J n GE7 li ! (W)C"Ca 2nd Floor Plan Analysis The proposed office use limited to the second floor would comply with the City's Central Commercial office use restrictions along El Camino Real and within the City's Old Town Commercial General Plan land use designation as required pursuant to Section 927lee(2) of the Tustin City Code. As proposed, the use of the building is consistent and compatible with other uses within the commercial portions of Old Town Tustin. There are many multistory buildings in Old Town with ground floor commercial uses and upper floor office uses. Many of the newer infill projects within Old Town including the two buildings on the same street block of El Camino Real (170 and 195 El Camino Real) exhibit the same use as that proposed. It should be noted that traditionally upper floor offices is a market driven space design due to the lack of visibility, foot traffic, and accessibility for retail uses on upper floors. Further, it is highly unlikely given the PC Report March 25, 2014 CUP 01 -024 & Old Town Parking Exception Page 5 uniqueness of a mail order business, that a similar use will occupy the building in the future. Mail order businesses do not typically occupy retail buildings. PARKING: The property currently provides thirty -five (35) parking spaces for the building. Condition 5.1 of Resolution No 3804 approved a unique parking ratio for the mail order portion of the business which is most similar to a storage parking ratio. A use more intensive than the mail order operations, such as the proposed office use would require additional parking spaces. Based on the current City of Tustin Parking Ordinance, a total of thirty -nine (39) parking spaces are required for the intended use of ground floor retail and second floor office use. Use Square Footage Parking Ratio Parking Spaces 1 st Floor Retail 5,499 s.f. 1/250 s.f. Ratio = 22 Spaces 2 Id Floor Office 4,963 s.f. 1/300 s.f. Ratio = 16.6 Spaces Total Required = 39 Spaces Total Provided = 35 Spaces Deficiency = 4 Spaces Parking Exception On April 3, 2012, the Tustin City Council adopted Ordinance No. 1416 providing an additional parking exception for the commercial portion of the Cultural Resources District. This Ordinance provided an exception to the on -site parking requirements by allowing an applicant to pay a fee to satisfy the number of required parking spaces not provided on site. Tustin City Code Section 9352J3(d)(3)(d) implements the aforementioned parking exception for on -site parking requirements for development proposed within both the Central Commercial District (C -2) and the Old Town Commercial General Plan land use designation of the commercial portion of Old Town Tustin. All, or a portion of, the required number of on -site parking spaces may be satisfied through the payment of a fee, in an amount determined by Fee Resolution of the City Council, upon a determination of the Tustin Planning Commission that the proposed project meets specific findings. The program is typically associated with new development within Old Town; however, the proposed project is changing the use of a property and meets the intent of the parking exception. This particular situation could also be viewed as most similar to adaptive re -use of an existing property in Old Town, which could also be supported by staff for the parking exception program. The applicant has opted to pay for four (4) parking stalls at $60 per space annually in lieu of providing parking spaces on -site. Participation in the City's program will require an annual fee of $240 which reimburses the City for parking maintenance fees (as determined by City Council Resolution No. 12 -27). The following list of required findings and responses have been provided. PC Report March 25, 2014 CUP 01 -024 & Old Town Parking Exception Page 6 Finding 1: The proposed project is an infill project located within the Commercial District of Old Town. Response: At the time of completion in 2003, the project was one of the first recent infill projects within the commercial area of Old Town Tustin in a number of years. The parking exception program which the applicant is requesting to utilize was not available at the time of development, but could have allowed for more flexibility in uses of the building. The original tenant, Acorn Naturalists, has vacated the property and the property owner is seeking more flexibility in use to allow for new businesses and attract new employment within Old Town. Finding 2: That the proposed project is considered to be relatively small. Response: The project consists of an existing standalone 10,464 square foot building on an approximately 22,487 square foot lot. This is deemed to be relatively small in the realm of commercial real estate. Finding 3: That the proposed project has incorporated building or site design enhancements that make it an outstanding addition to Old Town Tustin. Response: The existing Craftsman building on the property is a unique contributor to the commercial building portfolio in Old Town Tustin. Commercial Craftsman styled buildings are not original to Tustin; however, the building does provide a nice transition from the many Craftsman residential bungalows seen within Old Town. Finding 4: That the proposed project provides some onsite parking, but is aesthetically superior to one that provided all required parking on site. Response: Thirty -five (35) parking stalls currently exist on the property and the intended uses (retail and office uses) would require four (4) additional stalls. When the project was originally developed, the City had more stringent parking requirements than the current parking codes. The building would have been significantly smaller if originally developed as currently proposed. Should additional on -site parking have been required, this may have shifted the aesthetics of the site towards a parking lot dominate parcel which would not promote a pedestrian oriented building provided at the street front. Finding 5: That the project applicant shall agree to pay an annual fee for each public space not provided on site. Response: The applicant is aware of the required annual fee of $60 per parking space established by the City Council. In addition, the applicant is also aware PC Report March 25, 2014 CUP 01 -024 & Old Town Parking Exception Page 7 that the fee is subject to change as determined by the City Council. The conditions of approval require payment of the annual fee. Finding 6: Other findings that maybe adopted from time to time by the City Council. Response: The project would be required to comply with other findings and criteria adopted by the City Council. The parking exception for this project is consistent with the City's goal of introducing customer - attracting commercial uses, replacing underutilized and vacant parcels, generating jobs, increasing the number of persons shopping and working in Old Town Tustin, and fostering economic development of the surrounding areas. Furthermore, the City has prepared the Old Town Parking Study that concluded that there is a significant amount of available parking in the area. Therefore, the recommendation to allow the exception to the requirement of four (4) parking stalls is appropriate for this proposal. FINDINGS: In determining whether to approve the amendments to Condition Nos. 1.1, 5.1, 5.2, and 10.3 of Resolution No. 3804 for Conditional Use Permit 01 -024 and an exception to the required parking, the Planning Commission 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; and that the project meets the required findings for a parking exception as identified in Section 9352J3(d)(3)(d) of the Tustin City Code. A decision to approve this request may be supported by the following findings: 1) As proposed, the ground floor retail use with second floor office use complies with the intent of Tustin City Code Section 9271ee(2) pertaining to professional and general offices fronting onto El Camino Real and located within the Old Town Commercial General Plan land use designation. 2) Ground floor retail /service commercial use with upper floor office use as proposed, is compatible and consistent with development within the commercial areas of Old Town Tustin. There are established and new infill buildings providing the same mix of uses as proposed in the immediate vicinity of the project site. 3) That retail use is not conducive on the second floor of a building and mail order business uses are not typical within retail buildings. 4) The proposed development meets the findings required within Section 9352J3(d)(3)(d) of the Tustin City Code to allow for the granting of a parking exception. PC Report March 25, 2014 CUP 01 -024 & Old Town Parking Exception Page 8 5) The City previously prepared the Old Town Parking Study that concluded that there is a significant amount of available parking in the area. 6) The parking exception for this project is consistent with the City's goal of introducing customer - attracting commercial uses, replacing underutilized and vacant parcels, generating jobs, increasing the number of persons shopping and working in Old Town Tustin, and fostering economic development of the surrounding areas. Ryan Swiontek Slizabeth A. Binsack Senior Planner Community Development Director Attachments: A. Location Map B. Land Use Fact Sheet C. Submitted Plans D. Resolution No. 3804 E. Resolution No. 4255 ATTACHMENT A LOCATION MAP a LOCATION MAP CUP 01 -024 AMENDMENT 155 EL CAMINO REAL .1 m D IJ J ❑, Ip fO X First st SLUUNU Sf. fUStIN AREA St NIvH f.tNfEH � d Ci IHIHU SI. [i Y f PROJECT SITE ATTACHMENT B LAND USE FACT SHEET LAND USE APPLICATION FACT SHEET 1. LAND USE APPLICATION NUMBER(S): CONDITIONAL USE PERMIT 01 -024 2. LOCATION: EL CAMINO REAL & FIRST STREET 3. ADDRESS: 155 EL CAMINO REAL 4. APN(S):401- 583 -17 5. PREVIOUS OR CONCURRENT APPLICATION RELATING TO THIS PROPERTY: DR 01 -030 6. SURROUNDING LAND USES: NORTH: RESIDENTIAL SOUTH: COMMERCIAL EAST: COMMERCIAL WEST: COMMERCIAL 7. SURROUNDING ZONING DESIGNATION: NORTH: FIRST STREET SPECIFIC PLAN (SP -10) - SUBAREA 2 SOUTH: CENTRAL COMMERCIAL (C2 P) (CR) EAST: CENTRAL COMMERCIAL (C2 P) (CR) WEST: CENTRAL COMMERCIAL (C2 P) (CR) 8. SURROUNDING GENERAL PLAN DESIGNATION: NORTH: PC COMMERCIAL /BUSINESS SOUTH: OLD TOWN COMMERCIAL EAST: OLD TOWN COMMERCIAL WEST: OLD TOWN COMMERCIAL 9. SITE LAND USE: A. EXISTING: COMMERCIAL PROPOSED: COMMERCIAL B. GENERAL PLAN: OLD TOWN COMMERCIAL PROPOSED: SAME C. ZONING: CENTRAL COMMERCIAL (C2 P) (CR) PROPOSED: SAME DEVELOPMENT FACTS: 10. LOT AREA: 22.487 S.F. APPROX. 11. BUILDING S.F.: 10.464 S.F. 12. PARKING: 39 REQUIRED STALLS 35 PROVIDED STALLS PARKING EXCEPTION REQUESTED FOR 4 STALLS 13. IMPROVEMENTS: INTERIOR TENANT IMPROVEMENTS ATTACHMENT C SUBMITTED PLANS IQ �� II < s� 4 3 s � o a b � lf0 „ -P� OHO -asp t-�s a,- T $ Jill P I a r /l� _Z „ 7;7 P -- ,b :ag A {J z. m mo �Izl � o � 1�1 LP3 seq. a:lw ern�m�a.e aitir .�r - G/? �. ?ENAh1T IMPRaF_M ENT 0 1- t VIV.» WOU E • VIN1L A 6 ':dl I i i 5° -4flI' l a8v. i I P Y I. \ 111111 1 1 1 11 1 1 ;s g Y1 t La /y O �g � IPlrwwetn ry� ggg ah 1., t' I q�N� I' H F b {i 1�00Y y 6 6e q �d Im 4 Pill iP E r C �n pr 1 YJ a. i 0 '.a x A =; R mkp N- h z, .fj _ n , IT , Iy r' a v i z, r Iy r' T. u LP3 t r _ c; .w raatii Rrw._ 11 lN, r __ ya Fagg I r ATTACHMENT D RESOLUTION NO. 3804 10 11 12 13 14 is 16 17 i8 19 20 21 22 23 24 25 26 27 28 29 RESOLUTION NO. 3804 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 01 -024 AND DESIGN REVIEW 01- 030 AUTHORIZING THE CONSTRUCTION OF A COMMERCIAL BUILDING AT 155 EL CAMINO REAL. The Planning Commission does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That an application for Conditional Use Permit 01 -024 and Design Review 01 -030 was filed by Prescott Properties to request authorization to construct a 9,156 square foot commercial building on the property located at 155 El Camino Real, also described as Final Parcel Map No. 99 -161. B. That the property is located within the Central Commercial (C -2) Zoning District, the Parking Overlay District (P), and the Town Center Redevelopment Project Area. C. That the proposed site is within the Old Town Commercial Land Use Designation of the General Plan that provides for a variety of commercial uses. The project has been reviewed for consistency with the Air Quality Sub - element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub - element. D. That the proposed "mail- order" use is not addressed within the Tustin Zoning Code and in accordance with City Code Section 9233c(t) a conditional use permit is required to determine if the use is appropriate. E. That the off - street parking requirements for the proposed "mail - order' use shall be prescribed by the Planning Commission in accordance with City Code Sections 9233b(6) and 9251 b(3)j. F. That a public hearing was duly called, noticed, and held on said application on September 24, 2001, by the Planning Commission. G. That the establishment, maintenance and operation of the use applied for will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin, as evidenced by the finding that the proposed project, as conditioned, will not be injurious, detrimental to, or have a negative effect on surrounding properties in that: 1. The use of the building is consistent with the provisions of the Central Commercial (C -2) zoning district for permitted 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 26 29 Resolution No. 3804 CUP01 -024, DR01 -030 Page 2 office uses, as established by Interim Ordinance No. 1242, in that the first floor will be devoted to retail, and less than fifty (50) percent of the total square footage of the building will be devoted to office use. 2. The establishment of a mail order use is similar in nature to permitted and conditionally permitted uses in the Central Commercial (C -2) zoning district that offer processing, assembling, and shipping services. As conditioned, manufacturing activities would not be permitted. 3. The establishment of a retail, office, and mail -order use would complement the Old Town Tustin area by providing retail service and contributing to a commercial village atmosphere as encouraged by the provisions of the Cultural Resources Overlay District. 4. The establishment of a retail, office, and mail -order use is consistent with the Town Center Redevelopment Project Area in that it maximizes the potential of underutilized properties and would enhance the economic vitality of the area. 5. The use of a "warehouse and industry" parking ratio of one parking space for every 2000 square feet for the mail -order component is appropriate in that the Combining Parking District sets forth the prescribed ratio and the nature of the mail -order use is similar to industrial uses in which there are typically fewer employees or patrons per square foot than in retail or office uses. 6. As conditioned, the proposed site plan provides for sufficient vehicle ingress, egress, on -site maneuvering, and parking. H. Pursuant to Section 9272 of the Tustin Municipal Code, the Commission finds that the location, size, architectural features and general appearance of Design Review 01 -030, as conditioned, will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole. In making such findings, the Commission has considered at least the following items: 1. Height, bulk, and area of buildings. 2. Setbacks and site planning. 3. Exterior materials and colors. 4. Type and pitch of roofs. 5. Size and spacing of windows, doors, and other openings. to 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Resolution No. 3804 CUP01 -024, DR01 -030 Page 3 6. 7. 8. 9. 10. 11. 12. 13. 14. Towers, chimneys, roof structures, flagpoles, radio and television antennae. Landscaping, parking area design and traffic circulation. Location, height, and standards of exterior illumination. Location and appearance of equipment located outside of an enclosed structure. Location and method of refuse storage. Physical relationship of proposed structures to existing structures in the neighborhood. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. Proposed signage. Development Guidelines and criteria as adopted by the City Council. A Final Negative Declaration has accordance with the provisions Quality Act (CEQA). been adopted for this project in of the California Environmental J. That the project has been reviewed for compliance with the Americans with Disabilities Act of 1990, and it has been determined that dedications of right -of -way to accommodate a four (4) foot wide sidewalk behind the drive aprons are necessary for compliance with the requirements of ADA. II. The Planning Commission hereby approves Conditional Use Permit 01 -024 and Design Review 01 -030 to authorize construction of a 9,156 square foot commercial building on the property located at 155 El Camino Real, subject to the conditions contained in Exhibit A, attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 24th day of September, 20 "Yy-fil ul� 'PI LESLIE A. PO TIOUS � / Chairperson � ELIZABETH A. BINSACK Planning Commission Secretary 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 l8 19 20 21 22 23 24 25 26 27 28 29 Resolution No. 3804 CUP01 -024, DR01 -030 Page 4 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 3804 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 24th day of September, 2001. ELIZABETH A. BINSACK Planning Commission Secretary RESOLUTION NO. 3804 EXHIBIT A CONDITIONAL USE PERMIT (CUP) 01 -024 AND DESIGN REVIEW (DR) 01 -030 CONDITIONS OF APPROVAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped September 24, 2001, on file with the Community Development Department, as herein modified, or unless otherwise indicated, as modified by the Community Development Director in accordance with this Exhibit. The Director may also approve subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code or other applicable regulations. (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 The subject project approval shall become null and void unless permits for the proposed project are issued and substantial construction is underway within eighteen (18) months of the date of this Exhibit. Time extensions may be considered if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.4 Approval of CUP 99 -015 and DR 99 -014 is contingent upon the applicant and property owner and applicant signing and returning to the Community Development Department within seven (7) days of approval, 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 within seven (7) days of approval. 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 The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of a challenge of the City's approval of this project. (1) 1.6 Any violation of any of the conditions imposed is subject to the imposition of a civil penalty of $100.00 for each violation and each day the violation exists. (1) 1.7 The applicant shall be responsible for costs associated with any necessary code enforcement action. RO Il R( _F r'ODFS STANDARD CONDITION (5) RESPONSIBLE AGENCY (1) (2) CEQA MITIGATION REQUIREMENTS (3) UNIFORM BUILDING CODE /S (6) LANDSCAPING GUIDELINES (4) DESIGN REVIEW (7) PC /CC POLICY * * EXCEPTIONS Exhibit A — Conditions of Approval Resolution No. 3804 CUP 01 -024, DR01 -030 Page 2 PLAN SUBMITTAL (4) 2.1 California Building Code limits an overhang to twelve (12) inches when the overhang projects into a setback of five (5) feet or less. To maintain the design of the proposed twenty -four (24) inch overhangs, the building shall be moved one (1) foot to the south, providing a six (6) foot north side yard setback to accommodate a twenty -four (24) inch overhang. (4) 2.2 The articulation of details shall be carried out on all four elevations. To create design consistency, the mansard roof, siding, and other detailing shall be continued around the sides and rear elevations. (4) 2.3 The roof material shall be a slate material. (4) 2.4 The stone base of the pilasters shall be constructed with ledger stone and not a simulated veneer. The height of the stone base shall be increased and the shape of the stone base shall narrow from the bottom of the pilaster to the top. The design and material modifications will strengthen the overall craftsman style of the building. The design of the stone pilasters shall be reviewed and approved by the Community Development Director. (4) 2.5 The entry door shall be redesigned to create a rectangular element similar to the shape of the window elements to be consistent with the traditional design of craftsman style doors. The design of the front door shall be reviewed and approved by the Community Development Director. (4) 2.6 Decorative paving shall be continued from the front entry across the drive aisle to the landscape planter subject to review and approval by the Community Development Director. (4) 2.7 All parapets shall be at least six inches (6 ") above any roof - mounted equipment, vents, and exhausts. (1) 2.8 Any rooftop equipment, including vents and exhausts, shall comply with the City of Tustin Noise Ordinance and shall be installed below the parapet to ensure the equipment is not visible from public right -of -way view. Plans shall show details of any proposed screening of rooftop equipment and shall be submitted to the Community Development Department for review and approval. (1) 2.9 Only copper exterior downspouts shall be permitted. (1) 2.10 Roof scuppers shall be installed with a special lip device so that overflow drainage will not stain the walls. (1) 2.11 Enclosure of mechanical equipment, including electric and gas meters, shall be compatible with the exterior building treatment. The equipment and meters shall be enclosed and screened from view from El Camino Real and the adjacent residential properties. (1) 2.12 All exposed metal flashing or trim shall be anodized or painted to be compatible ,with the main building. Exhibit A — Conditions of Approval Resolution No. 3804 CUP 01 -024, DR01 -030 Page 3 (1) 2.13 Plans for the proposed trash enclosure shall be submitted to the Community Development Department for review and approval. The trash enclosure shall comply with Federal Disposal Services and City of Tustin standards. A letter from Federal Disposal Services shall be provided verifying approval of size, quantity, and location of the proposed trash enclosure. Two (2) dumpsters shall be provided in the trash enclosure, one dumpster for regular trash and one dumpster for recycle items. The trash enclosure shall be enclosed by a solid decorative wall consistent with the materials and finish of the main building. The maximum height of the enclosure shall be six (6) feet with a solid metal, self - closing, self - latching gate. (4) 2.14 Provide a path of travel required by Title 24 California Disabled Access Regulations. The path of travel shall comply with the Title 24 required width and, the trellis shall be designed to provide the required width between the trellis post and the building. Appropriate paths of travel shall be provided at the rear of the building providing access to the doors on the rear elevation. (1) 2.15 Provide the required landing area for the rear access in compliance with Chapter 11 of the most recently adopted California Building Code. (1) 2.16 Provide a minimum twenty -four (24) foot wide drive aisle in the parking area. (1) 2.17 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. Parking lot and 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) 2.18 Exterior lighting shall not exceed twenty (20) feet in height. (1) 2.19 When submitting for a building permit, submit seven sets of plans, including the following: a. Construction plans, structural calculations, and Title 24 energy calculations, and acoustical reports. Requirements of the Uniform Building Codes, State Disabled Access and Energy Requirements shall be complied with as required by the Building Official. b. Electrical, mechanical, and plumbing plans. Exhibit A — Conditions of Approval Resolution No, 3804 CUP 01 -024, DR01 -030 Page 4 C. Preliminary technical details and plans for all utility installations including telephone, gas, water, and electricity. Additionally, a note on plans shall be included stating that no Feld changes shall be made without corrections submitted to and approved by the Building Official. Final grading and specifications consistent with the site plan and landscape plans shall be prepared by a registered civil engineer and submitted for review and approval by the Community Development Department. e. A precise soils engineering report by a civil engineer completed within the previous 12 months. Expanded information regarding the levels of hydrocarbons and ground water contamination found on site shall be provided and submitted within the soils report. (1) 2.20 Indicate on the title sheet the applicable codes, City Ordinances and the State and federal laws and regulations to include: 1998 Califomia Building Code with California Amendments; 1998 California Mechanical Code with California Amendments; 1998 California Plumbing Code with California Amendments; 1998 California Electrical Code with California Amendments; T -24 California Disabled Access Regulations; T -24 California Energy Efficiency Standards; City of Tustin Grading Ordinance; City of Tustin Landscape and Irrigation Guidelines; City of Tustin Private Improvement Standards; and, City of Tustin Security Ordinance. (1) 2.21 Submit four (4) sets of the final grading plans consistent with the site plan and landscape plan improvements approved by the Planning Commission on the site plan. The grading plans shall be prepared by a registered civil engineer and shall include the following: Technical details and plans for all utility installations including telephone, gas, water, and electricity. Three (3) copies of precise soil report provided by a civil engineer and less than one (1) year old. Expanded information regarding the levels of hydrocarbons and ground water contamination found onsite shall be provided in the soil report. All pavement "R" values shall be in accordance with the applicable City of Tustin standards. All site drainage shall be handled onsite and shall not be permitted to drain onto adjacent properties. Exhibit A — Conditions of Approval Resolution No. 3804 CUP 01 -024, DR01 -030 Page 5 • Drainage, vegetation, circulation, street sections, curbs, gutters, sidewalks, and storm drains shall comply with the on -site Private Improvement Standards. • Two (2) copies of the Hydrology Report. (1) 2.22 All grading, drainage, vegetation, and circulation shall comply with the City of Tustin Grading Manual. Any deviations shall be brought to the attention of the Building Official and request for approval shall be submitted in writing prior to any approval. (1) 2.23 All construction activity shall comply with the Tustin Grading Manual, which requires periodic watering of the site and prohibiting grading during second stage smog alerts and when wind velocities exceed 15 miles per hour. All street sections, curbs, gutters, sidewalks, lighting, and storm drain shall comply with on -site improvement standards. (1) 2.24 A letter of pad certification and a final compaction report must be submitted by the Engineer of record to the Building Division for review and approval prior to the issuance of a building permit. (1) 2.25 A surety /cash bond will be required to assure work is completed in accordance with approved plans. Bonds will be based upon the estimated cost of the grading, drainage, and erosion control prior to the issuance of a grading permit. (1) 2.26 All plans submitted to the Building Division for review and approval must comply with Title 24 and the Americans with Disabilities Act (ADA) accessibility standards. Parking stalls for disabled persons shall have a five -foot loading area with striping and ramp; disabled persons shall be able to park and access the building without passing behind another car. At least one accessible space shall be van accessible served by a minimum 96- inch -wide loading area. (1) 2.27 Provide an area analysis for all buildings and show compliance with allowable floor areas based upon the 1998 California Building Code Chapter 5, Table 5 -B. (1) 2.28 The plans submitted shall indicate that restrooms are accessible to persons with disabilities as per State of California Accessibility Standards (Title 24). Plumbing fixture units are required to comply the 1998 California Plumbing Code Table 4 -1, as per type of group occupancy, or as approved by the Building Official. (2) 2.29 Prior to issuance of building permits, the applicant shall obtain all necessary approvals from the Community Development Department, Orange County Fire Authority Hazardous Materials Disclosure Office, Orange County Health Care Agency, Occupational Safety Hazard Association (OSHA) and Orange County Sanitation District No. 7. Exhibit A — Conditions of Approval Resolution No. 3804 CUP 01 -024, DR01 -030 Page 6 (2) 2.30 A note shall be provided on the final plans that a six (6) foot high chain link fence shall be installed around the site prior to building demolition or construction. Gated entrances shall be permitted along the frontage of the site for construction vehicles. (2) 2.31 A note shall be placed on the plans that no field changes shall be made without prior approval from the Building Official and engineer of record. (1) 2.32 Pursuant to the City of Tustin's Security Ordinance and the Uniform Fire Code, street numbers shall be displayed in a prominent location on the street side of the building. The numerals shall be no fewer than six (6) inches in height and shall be of contrasting color to the background to which they are attached and illuminated during hours of darkness. I ANDSCAPING (1) 3.1 The site shall be landscaped consistent with the City's Landscaping and Irrigation Guidelines. Landscaping shall consist of a combination of groundcover, shrubs, and trees. Landscape and irrigation plans shall be submitted to the Community Development Department and Redevelopment Agency for review and approval prior to the issuance of building permits. (1) 3.2 Vines shall be planted along the north elevation allowing vegetation to cover the building elevation. (1) 3.3 Prior to the issuance of building permits, a complete landscape plan depicting the plant size, quantity, location, and species with an irrigation plan shall be submitted to the Community Development Department for review and approval. (1) 3.4 The irrigation plans shall depict the installation of an automatic irrigation system. (1) 3.5 The ponds or water features shall be fewer than twenty four (24) inches in depth or barrier fencing for public safety shall be provided in accordance with the Uniform Building Code. (1) 3.6 The street trees proposed to be removed shall be depicted on the site plan and landscape plan. (1) 3.7 The wall adjacent to the north property line shall be increased in height to six feet eight (66 ") inches. The plans for the wall shall be submitted to the Community Development Department for review and approval prior to obtaining building permits. Exhibit A — Conditions of Approval Resolution No. 3804 CUP 01 -024, DR01 -030 Page 7 (1) 4.1 A complete and detailed project sign program including design, locations, sizes, colors, and materials shall be submitted for review and approval by the Community Development Department. The sign program shall include project identification, addressing, and directional signs. Signs should be made of wood, aggregate masonry, or similar materials. (1) 5.1 A minimum of thirty -four (34) off - street parking spaces shall be provided based on the following requirements: a. One (1) parking space shall be provided for every 200 square feet of gross floor area located on the first floor. b. One (1) parking space shall be provided for every 300 square feet of gross floor area designated for office use on the second floor. C. One (1) parking space shall be provided for every 2000 square feet of gross floor area designated for mail order use on the second floor. No more than twenty (20) percent of the thirty -four (34) off - street parking spaces, or six (6) spaces, may be compact spaces and have dimensions of not less than 7'/ feet by 19 feet. The remaining twenty -eight (28) spaces shall not be less than the standard parking stall size of 9 feet by 20 feet. A two (2) and a half foot overhang is permitted provided that the overhang does not interfere with the required path of travel. (1) 5.2 The plans shall be modified to show that the first floor shall be designated and used only as retail space. A total of 2,195 square feet of office use and 2,258 square feet of mail -order use shall be located on the second floor. Any modifications to the use of the building shall require approval of an amendment to Conditional Use Permit 01 -024 by the Planning Commission. (1) 5.3 No manufacturing may occur on the premises. (1) 5.4 If, at any time in the future, the City is advised or is otherwise made aware and concurs that an on -site or off -site parking problem exists as a result of the proposed development, the Community Development Department may require the property owner to submit a parking demand analysis at no expense to the City and within a timeframe stipulated by the City to determine the extent of the parking deficiency and recommend mitigation measures to be implemented by the property owner. Said mitigation may include, but not be limited to, providing additional parking within 500 feet of the proposed development. Exhibit A— Conditions of Approval Resolution No. 3804 CUP 01 -024, DR01 -030 Page 8 (1) 5.5 Prior to issuance of Certificate of Occupancy, the applicant shall prepare and record a deed restriction to ensure that the proposed distribution of retail, office, and mail order uses are not modified or that additional off - street parking is provided in the future if more intensive uses are proposed to occupy the building. A draft deed restriction agreement shall be submitted to the Community Development Department and City Attorney for review prior to recordation. Evidence of recordation shall be provided to the Community Development Department prior to the issuance of a Certificate of Occupancy. The deed restriction shall not be removed without the written approval from the City. (1) 6.1 The proposed driveway apron width within the public right -of -way shall comply with the City of Tustin Standards of a twenty -seven (27) foot wide minimum dimension. (1) 6.2 The proposed new tree and tree well shall be eliminated from the plans. No new tree or tree well shall be installed. The applicant will be required to remove one existing tree to accommodate the proposed driveway serving the project. The sidewalk and the irrigation facilities within the public right -of -way shall be reconstructed or repaired by the applicant. (5) 6.3 Prior to the issuance of a Certificate of Occupancy, the applicant shall be responsible for constructing a new driveway apron on the adjacent property to the south at 181 El Camino Real since the proposed project will eliminate partial access of the existing apron which encroaches over the property line. The. applicant shall obtain concurrence with the adjacent property owner at 181 El Camino Real prior to issuance of building permits. Plans for the new driveway apron at 181 El Camino Real shall be submitted for review and approval by the Community Development Department prior to construction. (1) 6.4 A three (3) foot vehicular back -up area shall be provided at the end of the dead - end aisle within the parking lot in accordance with the City of Tustin Parking Lot Design Guidelines. (1) 6.5 A separate 24 -inch by 36 -inch street improvement plan, as prepared by a California Registered Civil Engineer, will be required for all construction within the public right -of -way.. Construction and /or replacement of any missing or damaged public improvements will be required adjacent to this development. The level of detail on this plan shall accurately identify the locations of the existing interlocking pavers, the existing concrete panels and all proposed construction. All new concrete shall match the existing with respect to color, texture, and score lines. Any disturbed or relocated interlocking pavers shall be replaced and /or reconstructed to match the existing, to the satisfaction of the City Engineer. Maintaining the aesthetic quality of those improvements is a priority within the Old Town area. Said plan shall include, but not be limited to, the following: Exhibit A — Conditions of Approval Resolution No. 3804 CUP 01 -024, DR01 -030 Page 9 Curb and gutter; Sidewalk, including curb ramps for the physically disabled; Drive aprons; Signing /striping plan; Domestic water facilities; Sanitary sewer facilities; Underground utility connections; and, In addition, a 24 -inch by 36 -inch reproducible construction area traffic control plan, as prepared by a Califomia Registered Traffic Engineer or Civil Engineer experienced in this type of plan preparation, will be required. (1) 6.6 Preparation and submittal of a final grading plan showing all pertinent elevations as they pertain to the public right -of -way along with delineating the following information: • Final street elevations at key locations. • Final pad /finished floor elevations and key elevations for all site grading. All pad elevations to be a minimum of 1.0 foot above base flood elevation as defined by FEMA. • All flood hazards of record. (1) 6.7 In addition to the normal full -size plan submittal process, all final development plans, including, but not limited to, right -of -way maps, records of survey, public works improvements, private infrastructure improvements, final grading plans, and site plans are required to be submitted to the Public Works Department/Engineering Division in computer aided design and drafting (CADD) format. The standard file format is AutoCADD Release 13 or 14 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 must be in AutoCADD "DWG' format (i.e. produced using AutoCAD or AutoCAD compatible CADD software). The most current version of AutoCAD is Release 14. Drawings created in AutoCAD Release 13 or Release 12 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) 6.8 Any construction within the public right -of -way shall comply with the City of Tustin standards. Prior to any work in the public right -of -way, an Encroachment Permit must be obtained from and applicable fees paid to the Public Works Department. Exhibit A — Conditions of Approval Resolution No. 3604 CUP 01 -024, DR01 -030 Page 10 (1) 6.9 The developer will be responsible for any traffic signing and /or striping along El Camino Real which will be required as a result of this development. The City is currently completing a design of diagonal parking in front of this site. The applicant shall be responsible for modification to the parking due to changes in the driveway configuration. A twenty -four (24) inch by thirty -six (36) inch reproducible signing and striping plan will be required and said plan shall be prepared by a California Registered Engineer. (1) 6.10 Current Federal Americans with Disabilities Act (ADA) requirements will need to be met at the drive aprons. This will require construction of a minimum four (4) foot wide sidewalk behind the drive apron. The maximum cross slope of the sidewalk shall be two percent and the maximum ramp slope of the drive apron shall be ten percent. This may require dedication of additional right -of -way to accommodate the sidewalk construction. A legal description and sketch of the dedication area, as prepared by a California Registered Civil Engineer and /or California Licensed Land Surveyor, shall be submitted to the Engineering Division for review and approval prior to issuance of building permits. (1) 6.11 A complete hydrology study and hydraulic calculations shall be submitted for review and approval by the City prior to issuance of building permits. (1) 6.12 Existing sewer, domestic water, and storm drain service laterals shall be utilized whenever possible. (1) 6.13 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) 7.1 All construction operations, including engine warm -up and deliveries of materials and equipment, shall be subject to the provisions of the Tustin Noise Ordinance and shall take place only between the hours of 7:00 a.m. and 6:00 p.m., Monday through Friday, and between 9:00 a.m. and 5:00 p.m. on Saturday, unless otherwise determined by the Building Official. (1) 7.2 Construction hours shall be clearly posted on the project site to the satisfaction of the Building Official. (1) 8.1 Prior to issuance of grading permits, the applicant shall obtain approval of the Community Development and Public Works Departments for a Water Quality Management Plan (WQMP) specifically identifying Best Management Practices (BMPs) that will be used on site to control predictable pollutant run -off. This WQMP shall identify the structural and non - structural measures which will be implemented on this project and shall detail the implementation of BMPs whenever they are applicable to the project; the assignment of long -term maintenance responsibilities (specifying the developer, parcel owner, maintenance association, Exhibit A — Conditions of Approval Resolution No. 3804 CUP 01 -024, DR01 -030 Page 11 lessee, etc.); and, reference to the location(s) of structural BMPs. The property owner and applicant shall be responsible for implementing the provisions of the WQMP on an ongoing, permanent basis. (1) 8.2 Prior to submittal of a Water Quality Management Plan (WQMP), the applicant shall submit a deposit of $2,500.00 for the estimated costs of review of the WQMP to the Building Division. The actual costs shall be deducted from the deposit, and the applicant shall be responsible for and pay for any additional review costs that exceed the deposit prior to issuance of grading permits. Any unused portion of the deposit shall be refunded to the applicant. (1) 8.3 Prior to issuance of any permits, the property owner shall record a "Notice of Water Quality Management Plan (WQMP)" with the County -Clerk Recorder on a form provided by the Community Development Department to inform future property owners of the requirement to implement the approved WQMP. (1) 8.4 Prior to the issuance of any permits, the property owner and applicant shall provide written consent and authorization to enter the property for the purpose of conducting compliance assessments. An authorized inspector may inspect the property for the purpose of verifying compliance with Chapter 4 of the Tustin City Code (Water Quality Ordinance) and verifying compliance with the approved Water Quality Management Plan. (1) 8.5 The Community Development and Public Works Departments shall determine whether any proposed change in use requires an amendment to an approved Water Quality Management Plan. (1) 8.6 The following requirements shall be defined on permit plan cover sheets as either general or special notes and the project shall be implemented in accordance with the notes: Construction sites shall be maintained in such a condition that an anticipated storm does not carry wastes or pollutants off the site. Discharges of material other than stormwater are allowed only when necessary for performance and completion of construction practices and where they do not: cause or contribute to a violation of any water quality standard; cause or threaten to cause pollution, contamination, or nuisance; or, contain a hazardous substance in a quantity reportable under Federal Regulations 40 CFR Parts 117 and 302. Potential pollutants include, but are not limited to: solid or liquid chemical spills; wastes from paints, stains, sealants, glues, limes, pesticides, herbicides, wood preservatives and solvents; asbestos fibers, paint flakes or stucco fragments; fuels, oils, lubricants, and hydraulic, radiator or battery fluids; fertilizers, vehicle /equipment wash water and concrete wash water; concrete, detergent, or floatable wastes; wastes from any Exhibit A — Conditions of Approval Resolution No. 3804 CUP 01 -024, DR01 -030 Page 12 engine equipment steam cleaning or chemical degreasing; and superchlorinated potable water line flushings. During construction, disposal of such materials should occur in a specified and controlled temporary area on site, physically separated from potential storm water run -off, with ultimate disposal in accordance with local, State, and Federal requirements. Dewatering of contaminated groundwater, or discharging contaminated soils via surface erosion, is prohibited. Dewatering of non - contaminated groundwater requires a National Pollutant Discharge Elimination System Permit from the California State Regional Water Quality Control Board. (1) 8.7 An erosion and sedimentation control plan shall be submitted for review and approval to the Building Official prior to issuance of grading permits. A variety of best management practices including BMP Nos. 1, 10, and 12 through 24, as identified in the City's Best Management Practices Handbook and devices such as desilting basins, check dams, cribbing, rip rap, watering, and other methods shall be included on the plan, implemented, and maintained on an ongoing basis to control water and wind - related erosion and prevent sedimentation from entering the storm drain system, adjacent properties, or rights -of -way. (1) 8.8 A variety of best management practices including BMP Nos. 1, 3 through 9, 11 through 15, 18, and 24, as identified in the City's Best Management Practices Handbook, shall be implemented on an ongoing basis during construction to protect surface waters and prevent wastes or pollutants from moving off site during a storm. Potential pollutants include, but are not limited to, paints, stains, sealants, glues., fuels, oils, lubricants, fertilizers, etc. Disposal of such materials shall occur in a specified and controlled temporary area on site, physically separated from potential storm water run -off, with ultimate disposal in accordance with local, State, and Federal regulations. (1) 8.9 Prior to issuance of grading permits, the applicant shall post with the Community Development Department a minimum $2,500 cash deposit or letter of credit to guarantee the sweeping of streets and clean -up of streets affected by construction activities. In the event this deposit is depleted prior to completion of development, an additional incremental deposit will be required. (1) 8.10 Earth, sand, gravel, rock, stone, or other excavated material or debris may not be deposited or moved so as to cause the same to be deposited upon or roll, blow, flow, or wash upon or over any public place or right -of -way or the premises of another without the express written consent of the owner. (1) 8.11 When loading or transporting any earth, sand, ground, rock, stone, or other excavated material or debris, such material shall be prevented from blowing or spilling onto the public right -of -way or adjacent private property. The applicant shall be responsible for maintaining public rights -of -way in a condition reasonably free of dust, earth, or debris attributed to the grading operation. If Exhibit A — Conditions of Approval Resolution No. 3804 CUP 01 -024, DR01 -030 Page 13 any debris is deposited within the right -of -way or adjacent property, the applicant shall be responsible for removing the material immediately. QRANGF CQl INTY FIRE A ITHORITY (1) 9.1 Prior to the issuance of a building permit, the applicant shall submit a fire hydrant location plan for the review and approval of the Fire Chief. (1) 9.2 Prior to the issuance of any building permits, the applicant shall submit to the Fire Chief evidence of the on -site fire hydrant system and indicate whether it is public or private. If the system is private, the system shall be reviewed and approved by the Fire Chief prior to issuance of building permits. Provisions shall be made by the applicant for the repair and maintenance of the system in a manner meeting the approval of the Fire Chief. (1) 9.3 Prior to the issuance of any Certificate of Use and Occupancy, all fire hydrants shall have blue reflective pavement marker indicating the hydrant location on the street or drive per the Orange County Fire Authority Standard as approved by the Fire Chief. These markers are to be maintained in good condition by the property owner. (1) 9.4 Prior to the issuance of a building permit, 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 for approval to the Orange County Fire Authority: If sufficient water to meet fire flow requirements is not available, an automatic fire extinguishing system may be required in each structure affected by insufficient fire flow. (1) 9.5 Prior to the issuance of a building permit, a note shall be placed on the plans stating that the commercial structure shall be protected by an automatic fire sprinkler system in a manner meeting the approval of the Fire Chief. (1) 9.6 Prior to the issuance of a building permit the applicant shall submit plans for any required automatic fire sprinkler system in any structure to the Orange County Fire Authority for review and approval. (1) 9.7 Prior to the issuance of a Certificate of Use and Occupancy, the required automatic sprinkler systems shall be operational in a manner meeting the approval of the Fire Chief. (1) 9.8 Prior to the issuance of a building permit, the applicant shall obtain approval of the Fire Chief for all fire protection access easements and shall dedicate them to the City. The building permit shall contain conditions, which prohibit obstructions within the fire protection access easement. The approval of the Fire Chief is required for any modifications such as speed bumps, control gates, or other changes within said easement. Exhibit A — Conditions of Approval Resolution No. 3804 CUP 01 -024, DR01 -030 Page 14 (1) 9.9 Prior to the issuance of a building permit for combustible construction, the builder shall submit a letter on company letterhead stating that water for fire- fighting purposes and the all weather fire protection access roads shall be in place and operational before any combustible material is placed on site. (1) 9.10 Prior to the issuance of any building permits, the applicant shall submit a detailed letter of intended use for the building to the Fire Chief for review and approval. (1) 9.11 Prior to the issuance of a building permit, the applicant shall submit plans for the review and approval of the Fire Chief as indicated on the OCFA Plan Submittal Criteria form. Contact the Orange County Fire Authority at (714) 744 -0403 for a copy of the Fire Safety Site /Architectural Notes to be placed on the plans prior to submittal. (1) 9.12 Prior to the issuance of a building permit, plans for the fire alarm system shall be submitted to the Fire Chief for review and approval. This system shall be operational prior to the issuance of a Certificate of Use and Occupancy. ( « « «) 10.1 The City is currently in the process of completing design for on- street parking modifications in the area of this project. The changes in driveway configurations will require a change to the on- street parking plans. The applicant shall be responsible for any extra design fees needed to resolve the plans to accommodate the changes in the driveway configurations prior to issuance of permits. (1) 10.2 Prior to issuance of any building permits, payment shall be made of all applicable fees, including but not limited to, the fees listed below. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. In accordance with the Old Town Tustin fee waiver, the applicant is exempt from City initiated fees for the first $85,000.00 in construction valuation, as determined by the valuation table contained in the Building Division Fee Schedule. a. Orange County Fire Authority plan check and inspection fees to the Community Development Department based upon the most current schedule. b. Payment of the Orange County Sanitation District No. 7 Sewer Connection Fees at the time a building permit is issued. The current fee is $675.00 per 1,000 square feet of building area. C. Payment of the Major Thoroughfare and Bridge Fees to the Tustin Public Works Department at the time a building permit is issued. The current fee is $ 3.23 per square footage of building area. Exhibit A —Conditions of Approval Resolution No. 3804 CUP 01 -024, DR01 -030 Page 15 d. School facilities fee to the Tustin Unified School District subject to any agreement reached and executed between the District and the applicant. e. 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. (1) 10.3 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 $43.00 (forty -three dollars) to enable the City to file the appropriate environmental documentation for the project. If within such forty -eight (48) hour period that applicant has not delivered to the Community Development Department the above -noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened. ATTACHMENT E RESOLUTION NO. 4255 RESOLUTION NO. 4255 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING AN AMENDMENT TO CONDITION NOS. 1.1, 5.1, 5.2, AND 10.3 OF RESOLUTION NO. 3804 FOR CONDITIONAL USE PERMIT 01 -024 TO ALLOW FOR SECOND FLOOR OFFICE USE AND AUTHORIZING A PARKING EXCEPTION OF FOUR (4) PARKING SPACES FOR THE PROPERTY LOCATED AT 155 EL CAMINO REAL. The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application to amend Condition Nos. 1.1, 5.1, 5.2, and 10.3 of Resolution No. 3804 for Conditional Use Permit 01 -024 was filed by Leason Pomeroy of LP3 Architecture, Inc. requesting to allow for second floor office use and authorization for a parking exception of four (4) parking spaces for the property located at 155 El Camino Real. B. That the Central Commercial (C2) zoning district and the Old Town Commercial General Plan land use designation provide for a variety of commercial and office uses. In addition, the project has been reviewed for consistency with the Air Quality Sub - element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub - element. C. That on September 24, 2001, the Planning Commission adopted Resolution No. 3804, approving Conditional Use Permit 01 -024 and Design Review 01 -030 authorizing the construction of a commercial building at 155 El Camino Real. D. That Condition No. 5.2 of Resolution No. 3804 limits the use of the second floor of the building to a mail order business and any modification to the use or the building shall require Planning Commission approval. E. That the Planning Commission considered the project at the March 25, 2014, Planning Commission meeting. F. That pursuant to Tustin City Code Section 9352J3(d)(3)(d) (Ordinance No. 1416), on -site parking requirements may be modified for development proposed within both the Central Commercial District (C -2) and the Old Town Commercial General Plan land use designation of the commercial portion of Old Town Tustin. All, or a portion of, the required number of on -site parking spaces may be satisfied through the payment of a fee, in an amount determined by Fee Resolution of the City Council, upon a determination of the Tustin Planning Commission that the proposed project meets specific findings. Resolution No. 4255 Page 2 G. That the Old Town Parking Exception Fee was established at $60 per space through City Council Resolution No. 12 -27 and the applicant has requested a parking exception and agreed to pay an annual fee for spaces not provided on -site. H. 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, 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; and that the project meets the required findings for a parking exception as identified in Section 9352J3(d)(3)(d) of the Tustin City Code in that: 1) As proposed, the ground floor retail use with second floor office use complies with the intent of Tustin City Code Section 9271 ee(2) pertaining to professional and general offices fronting onto El Camino Real and located within the Old Town Commercial General Plan land use designation. 2) Ground floor retail /service commercial use with upper floor office use as proposed, is compatible and consistent with development within the commercial areas of Old Town Tustin. There are established and new infill buildings providing the same mix of uses as proposed in the immediate vicinity of the project site. 3) That retail use is not conducive on the second floor of a building and mail order business uses are not typical within retail buildings. 4) The proposed development meets the findings required within Section 9352J3(d)(3)(d) of the Tustin City Code to allow for the granting of a parking exception in that: a. The proposed project is a relatively recent (built in 2003) infill project which is proposing a new use. b. The existing 10,464 square foot building on a 22,487 square foot lot is relatively small for a commercial project. c. The existing craftsman building on the property is a unique contributor to the commercial building portfolio in Old Town Tustin. The building is of high quality design, materials, and construction. d. Thirty -five (35) parking stalls currently exist on the property and four (4) additional stalls would be provided through the parking exception fee program. As existing, providing Resolution No. 4255 Page 3 additional parking on the property would have reduced the size of the building, lessened its aesthetic appeal, and required additional land in Old Town to be devoted towards parking. e. The applicant will be required to pay the annual parking exception fee of $60 per parking space not provided on -site as established by the City Council f. The property would be required to comply with any other findings that may be adopted from time to time by the City Council 5) The City previously prepared the Old Town Parking Study that concluded that there is a significant amount of available parking in the area. 6) The parking exception for this project is consistent with the City's goal of introducing customer - attracting commercial uses, replacing underutilized and vacant parcels, generating jobs, increasing the number of persons shopping and working in Old Town Tustin, and fostering economic development of the surrounding areas. I. This project is Categorically Exempt pursuant to Section 15301, Class 1 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Planning Commission hereby approves the amendments to Condition Nos. 1.1, 5.1, 5.2, and 10.3 of Resolution No. 3804 for Conditional Use Permit 01 -024 to allow for second floor office use and authorizing a parking exception of four (4) parking spaces for the property located at 155 El Camino Real subject to the conditions contained within Exhibit A attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 25th day of March, 2014. STEVE KOZAK Chairperson ELIZABETH A. BINSACK Planning Commission Secretary Resolution No. 4255 Page 4 STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN I, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4255 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 25th day of March, 2014. COMMISSIONER AYES: COMMISSIONER NOES: COMMISSIONER ABSTAINED: COMMISSIONER ABSENT: ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A RESOLUTION NO. 4255 CONDITIONAL USE PERMIT 01 -024 AMENDMENT TO CONDITIONS OF APPROVAL The Planning Commission hereby amends the following conditions of approval contained within Exhibit A of Resolution No. 3804, all other conditions of approval remain in effect: GENERAL (1) 1.1 Approval of the amendment to Conditional Use Permit 01 -024 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) 5.1 A minimum of thirty -four (34) off - street parking spaces shall be provided based on the #eNeytiag requirements and standards contained within the City of Tustin Parking Ordinance: rr. .mss:srsnn�:s��rti�a�s��:r_s�:n: nrrrer.�� 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 pmp 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 Resolution No. 4255 CUP 01 -024 Amendment Page 2 The -ground floor shall be occupied by a retail /service commercial use and the second floor may be occupied entirely by an office use. An modifications to the use of the building shall require approval from the Director of Community Development. (1) 5.6 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) 5.7 That prior to the issuance of a Building Permit, the applicant shall comply with Ordinance No. 1416 by executing and recording an agreement requiring the pavment of an annual fee per space not provided on -site that would compensate the City for the project's proportional use of public street and lot parking spaces. (1) 10.3 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.