HomeMy WebLinkAboutOB 4 CUP 91-04 05-20-91r
P OLD BUSINESS NO. 4
...; 5-20-91
uAl
Inter -Com,
DATE: MAY 20, 1991
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: APPEAL OF CONDITIONAL USE PERMIT 91-04
. RECOMMENDATION
It is recommended that the City Council modify Planning Commission
Resolution No. 2888, Condition No. 2.1(c)(2), by adopting
Resolution No. 91-64.
BACKGROUND
On March 25, 1991, the Planning Commission adopted Resolution No.
2888 (Attachment A) approving Conditional Use Permit 91-04
authorizing the establishment of a pre-school to accommodate 59
children in an existing building with related site improvements at
the property located at 305 East Main Street. The Commission also
adopted Resolution No. 2889 approving Variance 91-06 authorizing
the southerly perimeter fence for the play yard to encroach into
the front yard setback 10 feet measured from the ultimate right-of-
way.
On April 1, 1991, prior to 5:00 p.m. the Community Development
Department received an appeal request from the property owners, the
Tustin Masonic Temple Association, of 305 East Main Street
(Attachment B) related to Condition No. 2.1(c)(2) of Planning
Commission Resolution No. 2888 which reads,
"Dedication of an additional 10 feet of street right-of-
way along the Main Street frontage with the appropriate
corner cut off will be required. This should be in the
form of an Irrevocable Offer of Dedication at this time.
The Engineering Division will need a legal description
and sketch of this right-of-way dedication along with a
copy of the latest vesting on the property. These plans
will need to be revised to show the correct location of
the corner but -off. This must be completed prior to any
Engineering Division approval or issuance of building
permit."
_ The property owners are requesting that this Condition of Approval
either be removed as a requirement for the subject project or that
City Council Report
Appeal of CUP 91-04
May 20, 1991
Page 2
a Conditional Irrevocable Offer to Dedicate be permitted postponing
the dedication until March 31, 2002, which would correspond to the
termination of the lease agreement with the prospective tenant, the
operator of the pre-school.
At their meeting of May 6, 1991, the City Council considered this
appeal request and referred the dedication requirement back to
staff for reevaluation.
DISCUSSION
In considering the property owners' initial request, the Community
Development Department consulted with the City Engineer and the
City Attorney. As a result, it was not recommended that the City
Council consider approving any deletion or modification of the
Irrevocable Offer to Dedicate based upon the following reasons:
1. The City participates in the County of Orange Arterial Highway
Financing Program (AHFP), which requires each participating
local agency to protect right-of-way along the Arterial
Highway Road Systems. The AHFP consists of a cooperative cost
sharing (50% County, 50% City) program to either construct
and/or maintain arterial roadways. It has been determined
that the substitute offer of dedication would not meet the
requirements and limitations imposed upon the City in order to
be in compliance of the requirements of AHFP.
2. The Orange County Transportation Authority (OCTA) has
determined that any local agency that is not in compliance
with the County of Orange Master Plan of Arterial Highways
will not be eligible for either Proposition No. 111 Gasoline
Tax Funds Sales Tax Revenues for roadway construction and
maintenance, Senate Bill 140 Gasoline Tax Funds and Combined
Road Program (CRP) Gasoline Tax funds. Any loss of these
types of revenues could result in a severe financial impact to
the City.
In view of the direction provided by the City Council, staff again
consulted with the City Engineer and City Attorney. A modif ied
dedication has been prepared by the City Engineer that would allow
the City to maintain compliance with both the County of Orange
Arterial Highway Financing Program (AHFP) and the County of Orange
Master Plan of Arterial Highways. The following summarizes the
modified dedication for consideration by the City Council.
The intent of the primary highway classification, which Main Street
City Council Report
Appeal of CUP 91-04
May 20, 1991
Page 3
maintains, is to provide four travel lanes, a center median for
protected left turn lanes, a parking lane adjacent to each curb and
a parkway area behind each curb for pedestrian activity. Staff has
reviewed the dedication requirements with the County AHFP program
and has received an informal recommendation as follows:
1. Require an Irrevocable Offer of Dedication on the two
most easterly parcels (Lots 21 and 22 of Tract 2187 ) with
no conditions. This would affect the two vacant lots and
the applicant's proposal does not include new
construction of any structures in. the ultimate right-of-
way so there is no impact to the proposed site plan or
use.
2. Require an Irrevocable Offer of Dedication on the most
westerly parcel (Lot 20 of Tract 2187) with the requested
conditional activation date of March 31, 2002. This
would affect the lot maintaining the structure proposed
for use by the pre-school.
This scenario would allow for Main Street to be widened adjacent to
the most easterly parcels and include on -street parking while the
segment of Main Street adjacent to the westerly parcel would not be
widened and would have on -street parking prohibited. The required
travel lanes and center median could be attained at this segment of
the Main Street roadway.
The scenario described above,
width travel lanes, could also
Prospect Avenue and "C" Street
concern for.
CONCLUSION
with parking prohibited and reduced
be utilized on Main Street between
which the Council raised a similar
Based upon the above discussion and recommendation from the City
Engineer and City Attorney, it is recommended that the City Council
adopt Resolution No. 91-64 modifying Condition No. 2.1(c)(2) of
Planning Commission Resolution No. 2888.
ii_rReonner
Assistant Planner
Christine A. Shingl on
Assistant City Ma ger
Community Development Department
City Council Report
Appeal of CUP 91-04
May 20, 1991
Page 4
Attachments: Site Plan
Resolution No. 91-64
A - Planning Commission Resolution No. 2888
B - Applicant Appeal Petition
AEB:nm
1
2
3
4
5
6
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
2E
RESOLUTION NO. 91-64
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, MODIFYING CONDITION NO.
2.1(C)(2) OF PLANNING COMMISSION RESOLUTION
NO. 2888 WHICH AUTHORIZED CONDITIONAL USE
PERMIT 91-04 AT THE PROPERTY LOCATED AT 305
EAST MAIN STREET.
The City Council of the City of Tustin does hereby resolve as
follows:
I. The City Council finds and determines as follows:
A. That an appeal was filed by the property owners regarding
Condition No. 2.1(c) (2) of Planning Commission Resolution
No. 2888 which requested either the elimination of the
Condition 2.1(c)(2) or the provision to allow a
Conditional Irrevocable Offer to Dedicate the property
located at 305 East Main Street.
B. That a public hearing before the City Council was duly
called, noticed and held on May 6, 1991 and was continued
to May 20, 1991.
C. That pursuant to Section 9271(x) of the City Code, the
project was determined to abut onto a street with a
primary arterial highway classification which required
that the ultimate right-of-way be improved or dedicated
to the City.
D. That pursuant to the requirements of the County of Orange
Arterial Highway Financing Program (AHFP) and the County
of Orange Master Plan of Arterial Highways, it would not
be in the best interest of the City to consider the
elimination of the dedication due to the resulting
negative financial impacts.
E. That at the request of the City Council staff consulted
with the County of Orange AHFP program and a conditional
dedication was found to be acceptable with an activation
date of March 31, 2002 for Lot 20 of Tract 2187 with the
condition that all on -street parking at this segment of
the roadway be prohibited.
II. The City Council hereby modifies Condition No. 2.1(c)(2) of
Planning Commission Resolution No. 2888 to read as follows:
"Dedication of an additional 10 feet of street right-of-
way along the Main Street frontage for Lots 21 and 22 of
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
21
2(
T
21
Resolution No. 91-64
Page 2
Tract 2187 will be required. This should be in the form
of an Irrevocable Offer of Dedication with a current
activation date. Dedication of an additional 10 feet of
street right-of-way along the Main Street frontage for
Lot 20 of Tract 2187 will be required. This should be in
the form of an Irrevocable Offer of Dedication and will
be accepted with an activation date of March 31, 2002.
The Engineering Division will need legal descriptions and
sketches of these right-of-way dedications along with a
copy of the vesting on the property. This must be
completed prior to any Engineering Division approvals of
issuance of building permits."
PASSED AND ADOPTED by the City Council of the City of Tustin
at a regular meeting held on the 20th day of May, 1991.
IlMary E. Wynn, City Clerk
"Ani
Charles E. Puckett, Mayor
1
2
3
4
5
6
7
8
9
10
11
12i
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
2E
Resolution No. 91-64
Page 3
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
CERTIFICATION FOR RESOLUTION NO. 91-64
MARY E. WYNN, City Clerk and ex -officio Clerk of the City Council
of the City of Tustin, California, does hereby certify that the
whole number of the members of the City Council of the City of
Tustin is five; that the above and foregoing Resolution No. 91-64
was duly and regularly introduced, passed and adopted at a regular
meeting of the City Council held on the 20th day of May, 1991, by
the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
Mary E. Wynn, City Clerk
vs• a•.• O -I 489F_l oOO,C••Of.f. (KL) �� .MSS '• I
�-
►+vlat stir « m S 2 T' o
u6uue3su1N
t --A io . ;
r -LS "VW t .,a•1 a...•S 0 1 O� m
11
Q V J r - M C� • `l r Q �•�
w w p - Q i V ilr r OIr
ir
o �,, o..Z_ a ooJ 1 'Qj� r�:�9 • �.�
ff
v�T SO
"
� c $s�� ♦g 2�5� ��• � � ��� � 3� `a:o� :3S � it �
/ iwf �D 1.r.rY •1�'b+ll�• 1• rY`I•A
O- OS
IL
rl
r `} X1=2
rk
•`'�. t �•s 2 r rrt�3`i
aZ.. 3
1<z4 •fig}' 4 � �o
ItF4�} _ S$na .4311. .I
O d r arQ.[ j
32�
dw 4AJ �o ass trst is eo �: r a0
_o � 1
� Q Y
r
4 v c' ® �•• _ . y
w
Ir
d2 , �' 2 3 •� g It aZir c Q
a
Zlf r $ j S � F}•� 2• r n
Y� r 1 t -�' iratt
4 IrIr
. • rt r N
i ib •oi �p-S e'•'�7• o ��11 r1' o-�� '�-i '
o 3 -t a 3 a d
Ito-,�Z •o �8T ro ,•� '
�o-•fci-
N
1
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
.24
25
26
27
28
RESOLUTION NO. 2888
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 91-04
AND DESIGN REVIEW 91-06 AUTHORIZING THE
ESTABLISHMENT OF A PRE-SCHOOL FOR THE CARE OF 59
CHILDREN AND •CERTAIN SITE IMPROVEMENTS AT THE
PROPERTY LOCATED AT 305 EAST MAIN STREET
The Planning Commission of the City of Tustin does hereby
resolve as follows:
I. The Planning Commission finds and determines as follows:
A. That a proper application, Conditional Use Permit
91-04 and Design Review 91-06 has been filed on
behalf of Cathy Klein to establish a pre-school for
thecare of 59 children and certain site
improvements at the property located at 305 East
Main Street.
B. That a public hearing was duly called, noticed and
held on said application on March 25, 1991.
C. That 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, evidenced by the
following findings:
l: The site can accommodate the use including
required parking and play- yard area as
mandated by the State for such facilities.
2. The type of use functions as a. buffer or
transitional zone for the residential
properties on the north from the commercial
properties on the south and west and provides
a valuable community -service.
.3. The hours of operation are complimentary to
the surrounding properties.
4: The- improvements overall to the site upgrade
vacant�' lots, -thereby eliminating unsightly
conditions as a result of illegal dumping and'.
overgrown weeds most often associated. with
vacant lots. In addition, the. -proposed
improvements will include security lighting,
screened from adjacent properties with
ATTACHMENT A
3
4
J
6
.7
8
9
10
11
12
13
14I15
iG
17
18
19
20
21'
22
23
24
25
26
27
28
Resolution No. 2888
Page 2
required shields, in the parking lot area
which increases safety and surveillance
visibility.
D. That• the ••establishment, inair.tenance, and* operation
of the use applied for will not be injurious or
detrimental to the property and improvements in the
neighborhood of the subject property, nor to the
general welfare of the City of Tustin, as stated
above.
E. Pursuant to Section 9272 of the Tustin Municipal
Code, the Commission finds that the•location, size;
architectural features and general appearance of
the- proposed development will not impair the
orderly and harmonious development of the area, the
present or future devO-lopment therein, the
occupancy as a w_ hole. 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.
6. Size and spacing of windows, doors and other
openings.
6. Towers, chimneys, roof structures, flagpoles,
radio and television antennae.
7. Landscaping, parking area design and traffic
circulation.
8. Location, height and standards of exterior
illumination.
9. Location and appearance of equipment located
outside of an'- enclosed. structure. -
.10. Location and method of refuse storage.
11. Physical -relationship of proposed• structures
to existing -structures in the neighborhood.
1
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21.
22
23
24
25
26
27
28
kesolution'No. 2888
Page 3
12. Appearance and design relationship of proposed
structures to existing structures and possible
future structures in the neighborhood and
public thoroughfares.
13. Proposed signing.
14. Development Guidelines and criteria as adopted
by the City Council.
F. This project has been determined to be
Categorically * Exempt (Class 3) pursuant to the
provisions of Section 15303 of the California
Environmental Quality Act.
II. The Planning Commission hereby approves Conditional Use
Permit No. 91-04 and Design Revirew 91-06 to authorize the
establishment of a pre-school for the care of 59 children
and certain site improvements at the property located at
305 East Main Street, subject to -the conditions attached
in Exhibit A.
PASSED AND ADOPTED at a regular meeting of the Tustin Planning
Commission, held on the 25th day of March, 1991.
DON LE JE
Chairman
KATHLE C C
Recording Secretary6/
�1
3
4
J
6
8
9
10
11
12
13
14
15
16
17
18
I9
2C
2]
219`
2%
21
2;
21
2
2
Resolution No: 2888
Page 4
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, KATHLEEN CLANCY, the undersigned, hereby certify that I am
the Recording Secretary of the Planning Commission of the City
of Tustin, California; that Resolution No. 2888 was duly
passed and adopted at a regular meeting - of the Tustin Planning
Commission, held on the 25th day of March, 1991.
15THLE N C CY
Recording Secretary
(1)
EXHIBIT A
CUP 91-04 AND DR 91-06
CONDITIONS OF APPROVAL
RESOLUTION NO. 2888
GENERAL
1.1 The proposed project shall substantially conform
with the submitted plans for the project date
stamped March 25, 1991, on file with the Community
Development Department, as herein modified, or as
modified by the Director of Community Development
Department in accordance with this Exhibit.
(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 Depa2tment. _
(1) 1.3 This Conditional Use Permit approval shall become
null and void unless all permits are issued for the
proposed improvements within eighteen (18) months
of the date of final Redevelopment Agency approval
of the design of said project and substantial
construction is underway.
(1) 1.4 Approval of Conditional Use Permit 91-04 and Design
Review 91-06 is contingent upon the applicant
signing and returning an Agreement to Conditions
Imposed" form as established by the Director of
Community Development.
(1) 1.5 The approval of Design Review 91-06 is contingent
upon ultimate. approval by the Tustin Community
Redevelopment Agency. The -Planning Commission's
Design Review approval shall become null and void
should the Redevelopment Agency not approve the
subject project.
SOURCE ' CODES
(1) STANDARD CONDITION (5)
REQUIREMENT
(2) CEQA MITIGATION (6)
(3) UNIFORM BUILDING CODE/S (7)
(4) DESIGN REVIEW
*** EXCEPTION
RESPONSIBLE AGENCY
LANDSCAPING -GUIDELINES
PC/CC.POLICY
Exhibit A
CUP 91-04 and DR 91-06
Conditions of Approval
Resolution No. 2888
Page 2
(1) 1.6 The site shall be kept properly maintained at all
times in accordance with all applicable State and
City Codes.
PLAN SUBMITTAL
2.1 At building plan check submittal, the following
submittals are required:
.(3) A. Construction plans, structural calculations,
and. Title 24 energy calculations.
.Requirements of the Tihiform Building Codes,
State Handicap and Energy Requirements shall
be complied with as approved by the Building
official.
(2) B. Final grading and specifications consistent
(3) with the site plan and prepared by a
registered Civil Engineer for approval by -the
Community Development Department based on the
Orange County Surveyor's Bench Mark Datum.
(1) C. Information, plans and/or specifications to
(2) ensure satisfaction of all Public Works
(6) Department requirements including but not
limited to:
*** 1. The construction or replacement of all
missing or damaged public improvements
adjacent to this development will be
required, which would include -but not be
limited to the -following:
a) curb and gutter
b) sidewalk
c) ' drive aprons
d) street light
e) street, trees
All construction within the'public right-
of-way -must be shown on a separate
241lx36" street improvement plan with all
construction items referenced to the
applicable City standard drawing number.
Exhibit A
CUP 91-04 and DR 91-06
Conditions of Approval
Resolution No. 2888
Page 3
This must be completed prior to any
Engineering Division approvals.
*** 2. Dedication of an additional 10 feet of
street right-of-way along the Main Street
frontage with the appropriate corner cut
off will be required. This should be in
the form of an irrevocable offer of
dedication at this time. The Engineering
Division'will need a legal description
and sketch of this right-of-way
dedication along with a copy of the
latest vesting qp the property. These
plans will need to be revised to show the
correct location of the corner cut-off.
This must be completed prior to any
engineering division approvals or
issuance of building permit.
*** 3. This development is constructed on three
separate parcels, which should be
consolidated into one. A covenant and
agreement to hold the parcels as one is
required to be recorded prior to the
issuance of building permits.
*** i 4. The existing drive apron on Main Street.
will need to be removed and new curb and
gutter and sidewalk will need_ to be
constructed in its place, along with
construction of a small. portion of
missing sidewalk. Refer to. item no. 1
above.
*** 5. A minimum of three treewells will need to
be provided along the Main Street
frontage. These *should be spaced a
minimum of 35 feet on center in lieu of
the 30 :.feet shown on the site plan.
Refer 'toitem no.. i . above .
*** 6. The City intends on removing the on -
street parking along the Main Street
frontage of this subject property.
(2) D. Information to ensure compliance with all
Exhibit A
CUP 91-04 and DR 91-06
Conditions of Approval
Resolution No. 2888
Page 4
(6) requirements of the Orange County Fire Chief
including required fireflow and installation,
where required, of fire hydrants subject to
approval of the Fire Department, City of
Tustin Public Works Department and compliance
with all requirements pertaining to
construction as follows:
1. A fire alarm system will be required
pursuant 'to Section 809 of the Uniform
Building Code.
2. Panic hardware will be required on
required exit doors.
3. Exit doors will be required to swing in
direction of exit travel.
SITE AND BUILDING CONDITIONS
(4) 3.1 The site plan shall be modified as follows:
*** A. The location of the southerly perimeter
fencing,where it traverses the property from
the east property line west to the sidewalk
located on the east side of the existing
i building,shall be relocated north an
additional 10 feet unless condition of
approval 3.1.B, herein, is satisfied.
*** B. The southerly perimeter fence may be located
in its proposed location subject to the
applicant and property owner executing an
agreement with the City, subject to approval
of the Director of Community Development
Department and City.Attorney, stating that the
fence will be relocated,- at no expense to the
City, 10 feet northerly of the .ultimate right-
of-way; should the Irrevocable Offer to
Dedicate Right -Of -Way. on Main Street be
executed. Said agreement.shall be recorded
against the property prior to the issuance of
building permits.
Exhibit A
CUP 91-04 and DR 91-06
Conditions of Approval
Resolution No. 2888
Page 5
(1) 3.2 All exterior colors to be used shall be subject to
(4) review and approval of the Director of Community
Development Department. All exterior treatments
must be coordinated with regard to color, materials
and detailing and noted on submitted construction
plans and elevations shall indicate all colors and
materials to be used.
(1) 3.3 Note on final plans that a six foot high chain
linked fence shall be installed around the site
prior to building construction stages. Gated
entrances shall be permitted along the perimeter of
the site for construction vehicles.
(1) 3.4 All mechanical and electrical fixtures and equipment
(4) shall be adequately and decoratively screened. The
screen shall be considered as an element of- the
overall design of the project and shall blend with
the architectural design of buildings.
(1) 3.5 Exterior elevations of the building(s) shall (4)
indicate any fixtures or equipment to be located on
the roof of the building, equipment heights and
type of screening. All parapets shall be at least
six inches above rooftop equipment for purposes of
screening.
(1) 3.6 Adequate size trash enclosures with solid metal,
(4) self-closing, self -latching gates shall be
provided. Said enclosure(s) shall be screened by a
decorative wall of a minimum height of six feet and
if required, a dense type of landscaping. The
actual location of said enclosures and types of
screening shall be subject to approval by the
Director of Community Development.
LANDSCAPING, GROUNDS AND HARDSCAPE- ELEMENTS
(7) 4.1 Submit -at plan check complete detailed landscaping
and °irrigatiori :plans fore all landscaping areas
consistent with adopted City of Tustin Landscaping
and Irrigation Submittal Requirements. Provide
..summary table applying indexing identification to
plant materials in their actual location. The plan
and table must list botanical and common names,
sizes, spacing, actual location and quantity of the
Exhibit A
- CUP 91-04 and DR 91-06
Conditions of Approval
Resolution No. 2888
Page 6
plant materialsproposed. Show planting and
berming details, .soil preparation, staking, etc.
The irrigation plan shall show location and control
of backflow prevention devices, pipe size,
sprinkler type, spacing and coverage. Details for
all equipment must be provided. Show all property
lines on the landscaping and irrigation plan,
public right-of-way areas, sidewalk widths, parkway
areas, and wall locations. The Department of
Community Development may request minor
substitutions of plant materials or request
additional sizing or quantity materials during plan
check. Note on landscaping plan that coverage of
landscaping irrigation materials is subject to
field inspection at project completion by the
Department of Community Development.
(7) 4.2 The submitted landscaping plans at plan check must
reflect the following requirements:
A. Turf is unacceptable for grades over 25%. A
combination of planting materials must be
used, ground cover on large areas alone is not
acceptable.
B. Provide a minimum of one 15 gallon size tree
for every 30 feet of property line on the
property perimeter and five*5 gallons shrubs.
C. Provide.one 15 gallon tree for each 5 parking
spaces within an open parking area.
D. Shrubs shall be a minimum of 5 gallon size and
shall be spaced a minimum of 8 feet on center
when intended as screen planning.
E.. Ground cover shall be planted between 8 to 12
inches on center.
F. When 1 gallon: plant sizes .are used the spacing
may .vary according to materials used.
G. Up along fences and/or walls and equipment
areas, provide landscaping screening with
shrubs and/or vines and trees on' plan check
drawings.
Exhibit A
CUP 91-04 and DR 91-06
Conditions of Approval
Resolution No. 2888
Page 7
H. All plant materials shall be installed in a
healthy vigorous condition typical to the
species and landscaping must be maintained in
aneat and healthy condition, this will
include but not be limited to trimming,
mowing, weeding, removal of litter,
fertilizing, regular watering, or replacement
of diseased or dead plants.
I. Buffer driveway and parking areas with a 30"
high minimum landscaping berm.
J. Earth mounding isessential and must be
provided to applicable heights whenever it is
possible in conjunction with the submitted
landscaping plan. Earth mounding should be
particularly provided along the southerly
perimeter fencing at the Main Street frontage.
K. A thickly planted landscape shall be installed
along the edge of the project. Use natural
landscaping and other architectural detailing
and use of materials to border structured
parking areas and soften their visual
appearance.
L. Landscape adjacent to the right-of-way shall
be coordinated with parkway landscaping.
Perimeter wall(s) should be treated with vines
in order to minimize large expanses of wall (s)
by adding greenery and color. Vines should be
informally grouped with training devices
installed.
(7) 4.3" The use of decorative paving techniques such as
_ stamped and colored concrete is encouraged.
Decorative paving shall. also be used around
landscaped areas to provide a more aesthetic
appearance.
(1) 4.4 A complete, detailed project sign program including
(7) design, location, sizes, colors, and materials
shall be submitted for review and approval by the
Department of'Community Development.
The sign program shall include project
Exhibit A
CUP 91-04 and DR 91-06
Conditions of Approval
Resolution No. 28.88
Page 8
identification, addressing and directional signs to
direct autos to proper access, parking and loading.
(1) 4.5 Indicate lighting scheme for project, note locations
.(7) of all exterior lights and types of fixtures,
lights to be installed on building shall be a
decorative design. No lights shall be permitted
which may create any glare or have a negative
impact on adjoining properties. The location and
types of lighting shall be subject to the approval
of the Director of Community Development.
14
OPERATIONS .
5.1 Auithorization for operation of the day care
facility shall be for the hours between, 7:00 a.m.
and 6:00 p.m. weekdays for -the care of a maximum of
59 children.
FEES
(1) 6.1 Prior to the issuance of any building permits,
payment shall be made of all applicable fees
including, but not limited to:
A. Major thoroughfare and bridge fees to Tustin
Public Works Department where applicable.
B. Orange County Sanitation District No. 7 fees
to the Sanitation District where applicable.
C. East Orange County Water District Fees to the
Water District where applicable.
D. All applicable plan check and building -permit
fees.to the Community Development Department.
E. School Facilities Fees to the Tustin Unified
:School District:
Tustin Masonic Temple Association
1801-I Parkcourt Place, Suite 102
Santa Ana, CA 92701-5083
(714) 558-1921
City of Tustin
Mr. Bob Ledendecker
City Engineer
300 Centennial Way
Tustin, CA 92680
Dear sir:
March 28, 1990
As I discussed with you on the telephone, our organization
would like the City of Tustin to consider accepting our
irrevocable offer of dedication enclosed in satisfaction of
requirements imposed in connection with conditional use permit
number 91-04.
The enclosed offer.differs from the standard form given to
us by your department in that it calls for dedication after a
date eleven years hence. This difference in extremely important
to us in connection with leasing the property to the C.U.P.
applicant for her use of the property as a day care facility. The
required ten feet to be dedicated is partially under our existing
building. If any part of the building is demolished, the tenant
would not be able to use it for her intended purposes (in part
due to State requirements for square footage, and also, for
safety purposes) . Our contract .with her is for the entire
building. We would be liable for damages to her should the city
exercise its option to take the property pursuant to our offer of
dedication prior to the expiration of the lease.
The City would undoubtedly be concerned about needing to
perhaps deferring the taking of the property to a date in the
future. If we are unable to resolve this situation, we will lose
our tenant, and the city would have no further rights than it now
has. On the other hand, if it accepts our offer, it will
certainly have the property after eleven years. Also, if it
needs to take it sooner, it seems that the condemnation award
would be limited to the economic loss of the remaining lease
term. This would no doubt be a savings.
Please -review :the.attached document with, the city attorney
and let me* know if. it (or some other document). -would be
acceptable in meeting both'our.needs.
Sincerely yours, -
David A. Poole, Secretary
Tustin Masonic Temple Assn.
ATTACHMENT B