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HomeMy WebLinkAboutZA AGENDA ITEMAGENDA R PORT MEETING DATE: SEPTEMBER 2, 2014 TO: ZONING ADMINISTRATOR FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CONDITIONAL USE PERMIT 2014 -14 PROPERTY DAN M U RI LLO OWNER: 171 S. ANITA DRIVE, SUITE 100 ORANGE, CA 92868 APPLICANT: JOHN SOMERS MEMORIALCARE MEDICAL FOUNDATION 2742 DOW AVENUE TUSTI N, CA 92780 LOCATION: 1451 IRVINE BOULEVARD GENERAL PLAN: PROFESSIONAL OFFICE ZONING: PROFESSIONAL (PR) ENVIRONMENTAL THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1) STATUS: PURSUANT TO SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. REQUEST: TO AUTHORIZE A JOINT -USE PARKING FOR A NEW MEDICAL OFFICE AND CLINIC Zoning Administrator September 2, 2014 CUP 2014 -14 Page 2 RECOMMENDATION That the Zoning Administrator adopt Zoning Administrator Action (ZAA) No. 14 -005 approving Conditional Use Permit (CUP) 2014 -14, a request for a reduction in the required number of parking spaces through ajoint -use parking facility to accommodate a medical office /clinic use within existing office buildings. APPROVAL AUTHORITY The subject property is located within the Professional (PR) zoning district and the Professional Office land use designation. Pursuant to the Tustin City Code JCC) Section 9264, Zoning Administrator approval of a CUP is required for a reduction of off- street parking requirements through ajoint -use parking. BACKGROUND The project site is located in an existing building at the northwest corner of Irvine Boulevard and Red Hill Avenue. The site is surrounded on three (3) sides by existing single - family dwellings within the unincorporated portion of the County of Orange to the northwest, northeast, and southeast across Red Hill Avenue. The project site is adjacent to commercial offices to the southwest of the property across Irvine Boulevard (Figure 1). Figure 1: Aerial The project site is an existing 22,671 s.f. facility once occupied by Church of Scientology Administrative Offices. The existing structure has been undergoing improvements and will be the future location of MemorialCare - UC Irvine medical offices and clinic. The first phase of improvements at this site is currently underway for medical office and clinic use; however the remainder of the proposed tenant improvements that seek to construct this site for 100% medical use is contingent upon the approval of a CUP for this site. Zoning Administrator September 2, 2014 CUP 2014 -14 Page 3 DISCUSSION Project Description The proposed project includes conversion of the existing buildings on site to a MemorialCare Medical Group facility that provides joint uses of primary care, lab, radiology, and urgent care services (Figure 2). The proposed facility will be approximately 22,671 s.f. in size. The primary care, lab, and radiology services would operate on a typical 8:00 a.m. to 5:00 p.m. schedule. The urgent care facility would operate between the hours of 5:00 p.m. and 9:00 p.m. IN 4 � � r 4 D Figure 2: Site Plan Joint Use Parking I ZQ J� Based upon the City's parking requirements for medical /dental offices /clinics (1 space for each 250 s.f. for the first 4,000 s.f. and 6 spaces for each 1,000 s.f. in excess of 4,000 s.f.), the proposed 22,671 s.f. medical facility would require 128 parking spaces. The project site currently provides approximately 103 parking spaces on site. As such, there is a deficit of parking based on the requirements presented in the TCC. Zoning Administrator September 2, 2014 CUP 2014 -14 Page 4 The proposed medical facility will provide several services on -site, such as primary care, lab, radiology and urgent care. A patient may use one or more of these services in the same office visit. As a result, the shared parking demand for the entire facility is anticipated to be less than if each independent service was parked in isolation. The applicant submitted a parking utilization analysis report, conducted by LSA Associates, Inc. The City's traffic engineer reviewed the parking analysis and determined that it complies with the TCC Section 9264a, which allows for parking reduction for joint -use purposes. The parking analysis was conducted at two (2) MemorialCare facilities that are similar in size, operation, number of employees, and parking supply to that of the proposed facility at 1451 Irvine Boulevard. The two (2) sites selected for the surveys include: 23512 Madero Road, City of Mission Viejo (12,450 s.f. with 89 parking spaces) and 29472 Avenida de las Banderas, City of Rancho Santa Margarita (18,400 s.f. with 125 parking spaces). The parking utilization analysis report states that there is a peak parking demand of 100 parking spaces based on observed parking demand at the two (2) locations. Based on the peak parking demand of 100 spaces, the proposed 103 parking spaces would be sufficient for the project site. If in the future, the 103 on -site parking spaces are not deemed sufficient and do not accommodate the demand on -site, the applicant will be required to alleviate the matter by Condition 2.2. ANALYSIS In determining whether to approve the CUP, the Zoning Administrator must determine whether or not the proposed use will be detrimental to the health, safety, morals, comfort, and general welfare of the persons residing in or working in the neighborhood or whether it will be injurious or detrimental to property or improvements in the vicinity or to the welfare of the City. A decision to approve this request may be supported by the following findings: 1. TCC Section 9264 allows for a joint use of parking area for uses with different peak hours of operation with the approval of a CUP. 2. A parking study prepared by a licensed traffic engineer in accordance with TCC Section 9264a1 was submitted and demonstrated no substantial conflict exists in the peak hours of parking demand for the use for which the joint -use parking is proposed and that the number of parking spaces available on site is adequate to serve the proposed uses. 3. The proposed use, as conditioned, will not be detrimental to surrounding properties in that the project site is located on a corner lot and access to and from the project site are from Red Hill Avenue and Irvine Boulevard away from the surrounding residential uses; thereby no traffic impact is anticipated. Zoning Administrator September 2, 2014 CUP 2014 -14 Page 5 4. The proposed use, as conditioned, will not have a negative effect on surrounding properties, or impact traffic on the ability of parking in that sufficient parking would be available on -site. WV&', S'aOntha D. Beier Assistant Planner Attachments: A. Location Map B. Land Use Fact Sheet C. Submitted Plans and Parking Analysis D. ZAA 14 -005 EXHIBIT A LOCATION MAP LOCATION MAP CUP 2014 -14 1451 IRVINE BOULEVARD l� 000010 000** s 300 �T PROJECT SITE k�r l� 000010 000** EXHIBIT B LAND USE FACT SHEET LAND USE APPLICATION FACT SHEET 1. LAND USE APPLICATION NUMBER(S): CUP 2014 -14 2. LOCATION: FORMER SCIENTOLOGY BLDG 3. 3. ADDRESS: 1451 IRVINE BLVD 4. APN(S): 103- 341 -22 5. PREVIOUS APPLICATION RELATING TO THIS PROPERTY: CUP 77 -17 (Religious Use) 6. SURROUNDING LAND USES: NORTH: RESIDENTIAL SOUTH: RESIDENTIAL EAST: RESIDENTIAL WEST: PROFESSIONAL OFFICE 7. SURROUNDING ZONING DESIGNATION: NORTH: COUNTY OF ORANGE SOUTH: COUNTY OF ORANGE EAST: COUNTY OF ORANGE WEST: PR - PROFESSIONAL 8. SURROUNDING GENERAL PLAN DESIGNATION: NORTH: LDR — LOW DENSITY RESIDENTIAL SOUTH: LDR — LOW DENSITY RESIDENTIAL EAST: LDR — LOW DENSITY RESIDENTIAL WEST: PO - PROFESSIONAL OFFICE 9. SITE LAND USE: A. EXISTING: VACANT CHURCH B. PROPOSED: SAME C. GENERAL PLAN: PO D. ZONING: PR PROPOSED GP: SAME PROPOSED ZONING: SAME DEVELOPMENT FACTS: 10. LOT AREA: 87,556 SF /2.01 ACRES APPROX. (BUILDING AREA: 22,671 SF) 11. PARKING: 301 301 PROVIDED STALLS; NO CHANGE TO PARKING (E) 55,876 PAVED PARKING; (P) NO CHANGE 12. TENANT IMPROVEMENTS: CURRENTLY IN PLANCHECK, CONVERSION TO MEDICAL OFFICES EXHIBIT C SUBMITTED PLANS AND PARKING ANALYSIS t7' 7- 7— u -3 t3d Imp Of I > 12'- 4"_+ - 5 SPACES AT 9-0' 45'-0' 5-0, K SPACES Al ffiJ t7' 7- 7— u ti A% cl -o' V All NEW MEDICAL FACILITY FOR U C I T U S T I N 1451 IRVINE BLVD., TUSTIN, CALIFORNIA I R E D H Hl M5111 2 -3 t3d Imp > ti A% cl -o' V All NEW MEDICAL FACILITY FOR U C I T U S T I N 1451 IRVINE BLVD., TUSTIN, CALIFORNIA I R E D H Hl M5111 2 . .. �.. : �t i fAi 2+i•�i' C. C .i it ,L .l� x 'f'N iff!! Y EVSMG �-f.Gi`AMW sa 13. f �•Y T • e., ` .± Yom' CX EDW £L£VA77a1P �� ......,P.+,.......�.- ..�... - »�..•...�_ -. °�'* E'XSMV FtFVA77CW p . �. ..�.- ...�r...�...�...��:....�.e f t1 t _ i E". 5 A E'er' AnW £ STTT F. ATr EYLS7E � f�€%'fS7f�N - . t y t t 73EY VA7� EX}SI7/VG Si�f TICIA+ s l EASING P.1-6 VA IM i k• iG arVA7AW i Er1 °l5irhiicEVi41iCJM1i LSA ASSOCIATES, INC. L S A 20 EXECUTIVE PARK, SUITE 200 IRVINE, CALIFORNIA 92614 August 11, 2014 John M. Somers, C.P.A. Chief Operating Officer MemorialCare Health System 2742 Dow Avenue Tustin, California 92780 BERKELEY FRESNO RIVERSIDE 949.553.0666 TEL CARLSBAD PALM SPRINGS ROCKLIN 949.553.8076 FAX FORT COLLINS PT. RICHMOND SAN LUIS OBISPO Subject: 1451 Irvine Boulevard Parking Analysis Dear Mr. Somers: LSA Associates, Inc. (LSA) is pleased to submit this parking analysis that identifies the forecast parking demand for the proposed MemorialCare Medical Group facility at 1451 Irvine Boulevard in the City of Tustin (City). The project site is located at the northwest corner of Redhill Avenue and Irvine Boulevard in the City. The proposed project includes conversion of the existing buildings on site to a MemorialCare Medical Group facility that provides joint uses of primary care, lab, radiology, and urgent care services. The proposed facility will be approximately 22,671 square feet (sf) in size. The primary care, lab, and radiology services would operate on a typical 8:00 a.m. to 5:00 p.m. schedule. The urgent care facility would operate between the hours of 5:00 p.m. and 9:00 p.m. Based on the City's Parking Requirements (Section 9263 of the City's Municipal Code) for medical/ dental offices /clinics (1 space for each 250 sf for the first 4,000 sf and 6 spaces for each 1,000 sf in excess of 4,000 sf), the proposed 22,671 sf medical facility would require 128 parking spaces. The project site currently provides approximately 103 parking spaces on site. As such, there is a deficit of parking based on the requirements presented in the City Code. Section 9264 of the City's Code describes how parking facilities may be used jointly for non - residential uses with different peak hours of operation. A parking study may be submitted to the City that demonstrates that no substantial conflict will exist in the peak hours of parking demand for the uses for which the joint use is proposed. As described above, the proposed medical facility will provide several services on site, such as primary care, lab, radiology, and urgent care. A patient may use one or more of these services in the same office visit. As a result, the shared parking demand for the entire facility would be less than if each independent service was parked in isolation. Medical- dental office /clinic parking rates typically assume that a patient arrives to see a physician and departs after the single office visit. To help justify that the existing parking provided on site is adequate for the proposed use, parking surveys were conducted at two MemorialCare facilities similar to the proposed site. The purpose of these surveys is to demonstrate that the peak parking demand at a similar facility is less than what would be required per City Code (medical /dental office /clinic). The selected MemorialCare facilities are similar in size, operation, number of employees, and parking supply to the proposed facility at 1451 Irvine Boulevard. The two sites selected for the surveys include: 23 512 Madero Road, Mission Viejo (12,450 sf with 89 parking spaces) • 29472 Avenida de las Banderas, Rancho Santa Margarita (18,400 sf with 125 parking spaces) 8/11/14 «P: \MEM140I Tarking Analysis' ).docx>> PLANNING 1 ENVIRONMEN'T'AL SCIENCES 1 DESIGN I..SA ASSOCIATES, INC. It should be noted that each of these facilities includes primary care, lab, and radiology services. They do not include urgent care use, which the proposed project will provide. However, these sites are still considered applicable as the primary care facility will end at 5:00 p.m., and the urgent care services will open at 5:00 p.m. The primary care use would typically have a higher parking generation than the urgent care use and, therefore, an average parking rate (per square foot) based on the surveyed sites would be adequate to forecast the parking at the proposed facility in Tustin. In order to identify the peak parking demand for the two MemorialCare facilities, parking accumulation surveys (in 30- minute intervals) were conducted for 1 day (Thursday, May 29, 2014) at each site between 7:30 a.m. and 5:30 p.m. This survey period captured the total number of employees and patients parked during the peak time of the day. The parking surveys were conducted by an independent count company (National Data & Surveying Services [NDS]). Prior to the surveys, LSA contacted City Planning staff to confirm the methodology and approach of this analysis. Table A (attached) presents a summary of the observed peak parking demand and corresponding parking rates for each of the two surveyed MemorialCare facilities. The hourly parking survey counts at each facility are also provided as an attachment. The following presents the findings of the surveys at each facility: • Based on the parking survey for the 12,450 sf Mission Viejo MemorialCare facility, the peak parking demand was 62 spaces at 10:30 a.m., which equates to a peak parking rate of approximately 1 space per 201 sf. • The parking survey for the 18,400 sf Rancho Santa Margarita MemorialCare facility indicates a peak parking demand of 74 spaces at 9:30 a.m., which is equivalent to a peak parking rate of approximately 1 space per 249 sf. Based on the average of the two similar facilities (i.e., 15,425 sf and a peak parking demand of 68 spaces), the average parking rate would be 1 space per 227 sf. Application of this parking rate to the proposed 22,671 sf facility in Tustin would require a parking supply of 100 spaces. The proposed Tustin facility will provide 103 parking spaces on site and, therefore, the parking supply will accommodate the peak parking demand generated by the proposed MemorialCare facility at 1451 Irvine Boulevard. I trust this information will be useful for your planning purposes. If you have any questions, please call me at (949) 553 -0666. Sincerely, LSA ASSOCIATES, INC. �t Ken Wilhelm Principal Attachments: Table A: MemorialCare Facilities Parking Rates Parking Accumulation Survey Data 8/11/14 «PAM M1401Tarking AnalysisIdom> 2 w O 4� C� w a ~ W v N N N a � � A Z W A � � W x a x Q a w O N oc �, N eq w O w � a On c 06 m 4-1 m _FO c 0 m Z m CL 0 (U E fC Tt r-i 0 cn N Ln m -f I Lnj j_jjO (n qt r_j OOjOOjr__ rj jjt_OjOjOO 4 (N Oj ,_ r- U-) I r-q I M M I r14 I r- 11 cenq rq r-i Rt lb (.6 r, r- 1.6 Co lz Ln Ln 3 Ln Ln Ln Q6 t.6 m Rt m T-i T-4 12 r-I To kD 0 0 0 0 C,4 N r,4 0 0 0 0 0 0 0 0 0 0 0 12 (D Ioo cn C. :OC 450 M r-I 0 m 0 r- rA lo o oo to Ln r,4 m r-H r�4 r\j r-, r4 01 'T k.0 to F- 1,8 Co to ui u) Co Ln Ln Ln to t.6 Ln qi m r-i v-1 z UJL 4, C) 00 cn cn v4 v-4 r4 (N M M ie Ln LM 0 Q1 00 T-1 q_1 r*- en (n R* %D LM C* Ln C) W N w tD Ln cn Ln d' w N R* m Ln m a) ko LM 00 Ln tm Ln r-I W R* d' N m TT I I RU Io. = 0 c W Ln cn r-I r-I Ln r_q t.0 r-i rl- r-i m r--I r-i r-I N m 0 00 00 0. U.1 > Z 0 N LM N 0 0 0 0 N N r.4 N r-I 0 0 m 1-4 Ln 0 r-I N m r�4 m r-I m m N r-, m Ln N M m zt m m m m 0 C) m m --1 m 0) N en m m 0 m 0 m 0 m 0 en 0 m 0 f" Ln r"'4 00 00 at . 1 V* 0 f R' "4 r4 C4 M M LM t. &M EXHIBIT D ZONING ADMINISTRATOR ACTION 14 -005 ZONING ADMINISTRATOR ACTION 14 -005 CONDITIONAL USE PERMIT 2014 -14 1451 IRVINE BOULEVARD 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 was filed by John Somers of MemorialCare Medical Foundation, requesting authorization for a reduction of off- street parking requirements through a joint -use of parking facility to accommodate a new medical office /clinic at 1451 Irvine Boulevard, also known as the Tustin Courtyard. B. That the site is designated as Professional Office by the City General Plan and is zoned Professional District (Pr) which provides for a variety of professional office uses. The project is consistent with the Air Quality Sub - element of the City of Tustin General Plan. C. That the site is improved with a 22,671 s.f. of existing office building with 103 on -site parking spaces. D. That based upon the City's parking requirements for medical /dental offices /clinics (1 space for each 250 s.f. for the first 4,000 s.f. and 6 spaces for each 1,000 sf in excess of 4,000 s.f.), the proposed 22,671 s.f. medical facility would require 128 parking spaces. E. That Tustin City Code (TCC) Section 9264 allows for parking facility to be used jointly for non - residential uses with different peak hours of operation with the approval of a Conditional Use Permit (CUP). F. That the proposed medical facility will provide several services on- site, such as primary care, lab, radiology and urgent care with different hours of operation. A patient may use one or more of these services in the same office visit. As a result, the shared parking demand for the entire facility is anticipated to be less than if each independent service was parked in isolation while medical - dental office /clinic parking rates typically assume a patient arrives to see a physician and departs after a single office visit. G. That a parking study, in accordance with TCC Section 9264a1, was prepared and submitted by a licensed traffic engineer and demonstrated no substantial conflict exists in the peak hours of parking demand for the use for which the joint -use parking is proposed and that the number of parking spaces available on site is adequate to serve the proposed uses. Zoning Administrator Action 14 -005 CUP 2014 -14 Page 2 H. That pursuant to the TCC Section 9264a5, Zoning Administrator approval is required for a reduction of off - street parking requirements through a joint -use parking. I. That a public hearing was duly called, noticed, and held for CUP 2014 -14 on September 2, 2014, by the Zoning Administrator. J. That the establishment, maintenance, and operation of the proposed use will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin in that: 1. TCC Section 9264 allows for a joint use of parking areas for uses with different peak hours of operation with the approval of a CUP. 2. A parking study prepared by a licensed traffic engineer in accordance with TCC Section 9264a1 was submitted and demonstrated no substantial conflict exists in the peak hours of parking demand for the use for which the joint -use parking is proposed and that the number of parking spaces available on site is adequate to serve the proposed uses. 3. The proposed use, as conditioned, will not be detrimental to surrounding properties in that the project site is located on a corner lot and access to and from the project site are from Red Hill Avenue and Browning Avenue away from the surrounding residential uses; thereby no traffic impact is anticipated. 4. The proposed use, as conditioned, will not have a negative effect on surrounding properties, or impact traffic on the ability of parking in that sufficient parking would be available on -site. K. 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 Zoning Administrator hereby approves CUP 2014 -14 authorizing a reduction in required parking through a joint use parking for the proposed medical office facility located at 1451 Irvine Boulevard subject to the conditions contained within Exhibit A, attached hereto. Zoning Administrator Action 14 -005 CUP 2014 -14 Page 3 PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin, at a regular meeting on the 2nd day of September, 2014. ELIZABETH A. BINSACK ZONING ADMINISTRATOR VERA TISCARENO RECORDING SECRETARY STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Vera Tiscareno, the undersigned, hereby certify that I am the Zoning Administrator Secretary of the City of Tustin, California; that Zoning Administrator Action 14 -005 was duly passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 2nd day of September, 2014. VERA TISCARENO RECORDING SECRETARY EXHIBIT A ZONING ADMINISTRATOR ACTION 14 -005 CONDITIONAL USE PERMIT 2014 -14 CONDITIONS OF APPROVAL rtTM111:1:7A N (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped September 2, 2014, 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 (TCC). (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 (CUP) 2014 -14 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 Community Development Director, 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 TCC Section 1162(a). (1) 1.6 CUP 2014 -14 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 CUP 2014 -14, or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the Community Development Director shall impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the CUP. Conditions of Approval Exhibit A CUP 2014 -14 Page 2 (1) 1.7 As a condition of approval of CUP 2014 -14, 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. USE RESTRICTIONS ( * * *) 2.1 Conditions of Approval include a maximum of 22,671 square feet of medical uses. Any change to the uses will require Community Development Department approval. 2.2 If in the future the City determines that a parking 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 and bear all associated costs. If the study indicates that there is inadequate parking, the applicant shall be required to provide immediate interim and permanent mitigation measures to be reviewed and approved by the Community Development Department and the Public Works Department. Said mitigation may include, but are not limited to, the following: a. Establish alternative hours of operation. b. Reduce the number of appointments or patients allowed in the facility at any given time. c. Provide additional parking. PUBLIC WORKS 3.1 The applicant shall design and construct the driveway approaches on Irvine Boulevard and Red Hill Avenue to current Federal Americans with Disabilities Act (ADA) requirements. City of Tustin standards shall apply, unless otherwise approved by the City Engineer. Depending on the applicable City standard, an easement on private property may be Conditions of Approval Exhibit A CUP 2014 -14 Page 3 required, at no cost to the City of Tustin. (1) 3.2 Prior to any work in the public right -of -way, an Encroachment Permit shall be obtained from and applicable fees paid to the Public Works Department. (1) 3.3 Prior to issuance of an Encroachment Permit, the applicant shall submit to the Public Works Department 24" x 36" reproducible street improvement plans, as prepared by a California Registered Civil Engineer, for approval. (1) 3.4 Construction and Demolition Waste Recycling and Reduction Plan (WRRP). a. The applicant/contractor is required to submit a WRRP to the Public Works Department. The WRRP must indicate how the applicant will comply with the City's requirement (TCC Section 4351, et al) to recycle at least 50% of the project waste material or the amount required by the California Green Building Standards Code. b. The applicant will be required to submit a $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 the following amounts: Commercial: All multi - family and commercial projects shall submit a security deposit in the amount of five (5) percent of the project's valuation as determined by the Building Official, rounded to the nearest thousand, or $2,500, whichever is greater. In no event shall a deposit exceed $25,000. c. Prior to issuance of any permit, 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 ". FEES (1, 5) 4.1 Within forty -eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of fifty dollars ($50.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty -eight (48) hour period 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.