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HomeMy WebLinkAbout02 TPM 2003-131 CUP 03-007Report to the ITEM #2 Planning Commission DATE: JULY 14, 2003 SUBJECT: TENTATIVE PARCEL MAP 2003-131, CONDITIONAL USE PERMIT 03-007, AND DESIGN REVIEW 03-008 APPLICANT: TJS ARCHITECTS, INC. 1208 NORTH EUCLID AVENUE ONTARIO, CA 91762 ATTN: TED J. STELZNER ARMSTRONG GARDEN CENTERS 2200 E. ROUTE 66, SUITE 200 GLENDORA, CA 91740 ATTN: JOE AMARAL PROPERTY OWNER: JOHN AND MARY M. PRESCOTT, L.P. 18752 E. 17TH STREET SANTA ANA, CA 92705-2815 LOCATION: 505 EL CAMINO REAL (401-623-08 AND 401-623-11) ZONING: CENTRAL COMMERCIAL (C-2), CULTURAL RESOURCES AND PARKING OVERLAY DISTRICTS, AND TOWN CENTER REDEVELOPMENT PROJECT AREA ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 32) PURSUANT TO SECTION 15332 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT REQUEST: 1) AUTHORIZATION TO RESUBDIVIDE FOUR EXISTING PARCELS (4.09 ACRES) INTO FOUR NEW PARCELS FOR DEVELOPMENT OF A GARDEN CENTER ON A 1.47 -ACRE PARCEL 2) AUTHORIZATION TO ESTABLISH A GARDEN CENTER WITH A 6,400 SQUARE FOOT BUILDING AND 41,007 SQUARE FEET OF OUTDOOR SALES AREA AND ESTABLISH THE NUMBER OF REQUIRED PARKING SPACES THROUGH THE APPROVAL OF A PARKING DEMAND ANALYSIS 3) AUTHORIZATION FOR BUILDING AND SITE DESIGN Planning Commission Report TPM 2003-131, DR 03-008, CUP 03-007 July 14, 2003 Page 2 That the Planning Commission adopt: Resolution No. 3880 approving Tentative Parcel Map 03-131; and, 2. Resolution No. 3881 approving Conditional Use Permit 03-007 authorizing the establishment of a garden center and required parking spaces and Design Review 03-008 authorizing a modified building and site design, as recommended by staff. The site is located within the Central Commercial and Combining Parking Overlay (C -2P) zoning district, Cultural Resources Overlay District, and the Town Center Redevelopment Project Area. Tentative parcel map applications are considered by the Planning Commission and City Council, conditional use permit applications are considered by the Planning Commission, and design review applications within redevelopment areas typically require approval of the Zoning Administrator; in this case, the design review application is being deferred to the Planning Commission to be considered concurrently with the Tentative Parcel Map and Conditional Use Permit. Site and Surrounding Properties The project site is located at the northeast corner of EI Camino Real and Sixth Street. The site is comprised of four existing parcels, which are currently used for an agricultural use approved by Conditional Use Permit 96-003. Surrounding uses include commercial uses to the north and west and residential uses to the south and east (Attachment A — Location Map). Access to the site is provided from EI Camino Real and an alley on Main Street. The applicant is proposing to resubdivide the property into four (4) new parcels and develop an Armstrong Garden Center on the northerly 1.47 -acre parcel adjacent to the existing development on EI Camino Real. The entire site includes 4.09 acres that are currently divided into four (4) parcels as follows (Attachment B — Submitted Plans): ■ A 0.89 -acre parcel on the east (Parcel A) ■ A 0.65 -acre interior parcel for the proposed garden center (Parcel B) ■ A 0.45 -acre parcel at the corner of Sixth Street and EI Camino Real (Parcel C) ■ A 2.11 -acre parcel facing Six Street with alley access to Main Street (Parcel D) Planning Commission Report TPM 2003-131, DR 03-008, CUP 03-007 July 14, 2003 Page 3 The applicant has proposed to subdivide the site into four (4) new parcels as follows: ■ A 1.47 -acre parcel, an elongated rectangular parcel with the narrow dimension facing EI Camino Real for development of the proposed Armstrong Garden Center (Parcel 1); ■ A 0.50 -acre parcel at the corner of Sixth Street and EI Camino Real (Parcel 2); ■ A 1.23 -acre parcel, a flag parcel facing Sixth Street containing an alley access to Main Street (Parcel 3); and, ■ A 0.89 -acre parcel adjacent to the existing senior housing facility on Sixth Street (Parcel 4). There is an existing drive apron to the site from EI Camino Real. With the new configuration, access to the four (4) new parcels would be provided from a common driveway on EI Camino Real extending from the existing approach on the west and a thirty (30) foot wide drive from Main Street on the north. The driveway and access to parking spaces would be located on Parcels 1, 2, and 3. Parcels 2, 3, and 4 would continue to be used for agricultural purposes and the fruit stand, associated parking, and farming operations would require access on Parcels 1, 2, 3, and 4. In addition, while parking for the fruit stand would be provided on Parcels 2 and 3, it is reasonable to assume that some customers may park in the garden center spaces and some garden center customers may park at the fruit stand. As such, reciprocal parking and access will be required on all four (4) parcels. Condition 3.2 of Resolution No. 3880 would require the applicant to provide reciprocal access among all four (4) parcels. Condition 2.1 is included to establish CC&Rs for the maintenance of all common areas. The submitted map would need to comply with the requirements of the City's Subdivision Manual with respect to the format and required information. Condition 3.3 of Resolution No. 3880 requires that a revised tentative map be submitted for review and approval of the Public Works Department prior to submittal of a final map or issuance of a building permit. In addition, the driveway apron at the alley from Main Street would need to be reinstalled to comply with current Federal American with Disabilities Act (ADA) requirements. Condition 6.2 of Resolution No. 3881 requires that the drive access be constructed according to the current federal standards. Site Plan and Architecture The proposed Armstrong Garden Center would include a 6,400 square foot building and 41,007 square feet of outdoor retail areas on Parcel 1 of Tentative Parcel Map 03-131. The building is proposed to be located fifty-six (56) feet from the front property line and forty-one (41) feet from the northerly property line. Forty-three (43) parking spaces are proposed along the south and east of the site. A trash enclosure and delivery access would be installed at the northeast corner of the parcel where trucks would be parked (Attachment B — Submitted Plans). The three (3) remaining parcels would continue to be used for agricultural use. Since the site configuration and access to the site would be altered as a result of this development, Planning Commission Report TPM 2003-131, DR 03-008, CUP 03-007 July 14, 2003 Page 4 an amendment to the existing conditional use permit for the agricultural operation would be required. The existing fruit stand and parking would need to be relocated. Since a new common driveway is proposed, gravel parking would not be adequate. Condition 1.7 of Resolution No. 3881 is included to require that Conditional Use Permit 96-003 be amended for the agricultural use prior to issuance of a building permit for the proposed garden center. Issues related to access, parking, and compliance with the ADA and water quality requirements would be addressed with the review of the application. The building is proposed with a primary front access from EI Camino Real with decorative pavers and a fountain court and a secondary access from the south parking area. A large portion of the outdoor sales area (13,147 square feet) would be screened by a trellis structure proposed to be extended from the building on four sides. The entire site, excluding the perimeter landscaping and parking areas, is proposed to be enclosed with eight (8) foot tall brick pilasters and seven (7) foot tall wrought iron fencing (Attachment B — Submitted Plans). The proposed architecture includes an approximately twenty-seven (27) foot tall barn style building with clerestory windows, green standing seam metal roofing, light gray wood batten siding, light brown wood trellis, and green canvas awnings. The proposed architecture, with the exception of the brick pilasters, is typical of other Armstrong Garden Centers in southern California within suburban settings or major arterial highways such as the stores locate in La Habra, Anaheim, and Newport Beach. The building also includes two building -mounted signs, one facing EI Camino Real, and one facing the parking areas on the west, and a cupola with a wind rooster that rises up to over thirty (30) feet. Parking and Circulation Tustin City Code does not address parking standards for garden centers. As such, the applicant has submitted a parking demand analysis based on four (4) other Armstrong Garden Center locations in Fullerton, La Habra, Diamond Bar, and Santa Ana (Attachment C - Submitted Parking Study). The study used the busiest store (La Habra location) to develop a parking demand analysis, and the numbers were adjusted to the size of the proposed store in Tustin. The store is projected to generate approximately 231 daily vehicles trips, or eight (8) vehicles per hour during the morning peak hour and twenty-four (24) vehicles per hour during the evening peak hours during the week. The submitted study concluded that a maximum of forty-four (44) parking spaces would be needed (worst-case scenario during a weekend peak hour), one parking space more than the forty-three (43) spaces provided. The City's Traffic Engineer has reviewed the study with respect to the content, methodology, findings, and conclusions and determined that sufficient parking would be available. To ensure that adequate parking would be available at all times, Condition 5.1 (Resolution No. 3881) would require that one additional parking space be provided for a minimum of forty-four (44) parking spaces. Condition 5.1 also requires preparation of a new parking study or a traffic study as deemed necessary by staff if parking or circulation problems arise in the future and or if any change to the hours of operation or operational standards may occur. Additional parking may need to be provided on the adjoining parcels 2, 3, or 4. Planning Commission Report TPM 2003-131, DR 03-008, CUP 03-007 July 14, 2003 Page 5 Lighting The applicant has proposed gooseneck building -mounted lighting and trellis -mounted fluorescent lighting for illumination of the sales areas, and five (5) decorative light poles (16 feet in height) for illumination of the parking areas (Attachment B - Submitted Plans). No lighting for the outdoor sales area to the rear of the site or the access alley from Main Street is proposed. Condition 3.11 of Resolution No. 3881 is included to require installation of adequate lighting at the rear to meet the minimum security lighting of one (1) footcandle as required by the Tustin Security Code subject for review and approval of the Community Development Department. In addition, since the store closes earlier than a typical retail store, Condition 5.8 of Resolution No. 3881 is included to require sufficient storefront lighting along EI Camino Real during the non-operating hours of the garden center. Landscaping/Alley Access There is an existing thirty (30) foot alley access from Main Street and a driveway apron midway on the EI Camino Real frontage. There are several mature trees on the site including avocado, persimmon, and citrus trees most of which are proposed to be preserved. The applicant has proposed to preserve one (1) avocado tree and three (3) citrus trees located on the alley, which would result in a meandering alley access narrowing to twenty (20) feet at approximately midway and at the connection to the Armstrong Garden site (Attachment B - Submitted Plans). Since this alley would be commonly used among the four (4) parcels and would be primarily used for deliveries to the proposed Armstrong Garden Center, Condition 4.3 of Resolution No. 3881 is included to require adequate trimming of the trees to minimize encroachment into the twenty (20) foot width. New landscaping would be provided along the perimeter of the retail area and within the parking area. The building would be screened by existing mature Ficus trees on EI Camino Real frontage, and six (6), 24 -inch box Carrotwood trees and five (5), 36 -inch box Crape Myrtle trees on the south and the east. Tea roses, iceberg roses, lantana, and Japanese Yew are proposed to accent the landscaped areas. Condition 5.9 of Resolution No. 3881 is included to ensure that all landscaping is maintained in a healthy and vigorous condition. Hours of Operation and Deliveries The proposed garden center would operate as follows: STg and Summer (March 15 to September 15) 9:00 a.m. to 6:30 P.m. Monday through Friday 8:00 a.m. to 6:30 p.m. Saturday 9:00 a.m. to 6:30 p.m. Sunday Fall and Winter (September 16 to March 14) 9:00 a.m. to 5:30 p.m. Monday through Friday 8:00 a.m. to 5:30 p.m. Saturday 9:00 a.m. to 5:30 p.m. Sunday Planning Commission Report TPM 2003-131, DR 03-008, CUP 03-007 July 14, 2003 Page 6 All employees with the exception of the manager would be on-site during the customer hours. The store manager would arrive at 8:00 and leave after closing; therefore, there would be no activities on-site before 8:00 a.m. and after 6:30 p.m. Loading to customer vehicles would be provided by Armstrong staff. A cart storage area would be provided within the fenced sales area. Condition 5.2 requires that carts be stored within a designated cart storage area on a regular basis during operating hours and secured during non-operating hours. There would be two (2) to five (5) truck deliveries per day between the hours of 9:00 a.m. to 5:00 p.m. The typical delivery truck would not exceed thirty-five (35) feet in length and would park at the rear for unloading. Condition 5.7 requires that no on-site truck turn around would be provided, and all truck deliveries would be directed to exit the site to not interfere with the customer parking and circulation and, if needed, the delivery hours be limited to non -peak hours. Noise The City Noise Ordinance and the Tustin General Plan Noise Element require that the exterior noise threshold for a commercial use is sixty (60) decibels. The proposed site is more than ninety (90) feet from the residential uses to the east and 220 feet from residential uses to the south. In addition, the store operating and truck delivery hours of 9:00 a.m. to 6:30 p.m. would minimize any obtrusive noises to residential uses during sensitive night-time hours. As such, no noise impacts to the surrounding residential uses are anticipated. Conditions 5.3, 5.4, and 5.5 are included to address potential noises impacts from deliveries and operation of the garden center. Staff has reviewed the design review request with respect to the required development standards and goals and policies of the general plan. Several conditions of approval are recommended for modifications to the location and architecture of the proposed garden center. The following includes the analysis for these recommendations: Policy 10.1 of the General Plan seeks to "improve the Old Town District's identity as the City's historical and architectural focus and its contribution to the City's economic base." As part of implementing this policy, the American Institute of Architects Regional/Urban Design Assistance Team (R/UDAT) and staff prepared the "Visions of Old Town" in 1991 to guide revitalization efforts in Old Town Tustin. The study notes the critical challenge for Old Town Tustin will be to retain the integrity of the focal center around El Camino Real and Main Street, which can be done by strengthening the existing development pattern. The study also states Main Street and EI Camino Real should function more as small town business streets than as major thoroughfares, and the streets should be narrowed with angled parking and buildings adjacent to the sidewalk. One of the goals for EI Camino Real as a major north -south axis is to establish a strong and consistent design to reflect a small-town character (Attachment H — Excerpts of the "Visions of Old Town" prepared by R/UDAT). Planning Commission Report TPM 2003-131, DR 03-008, CUP 03-007 July 14, 2003 Page 7 "Visions of Old Town" labels the vacant site as a "catalyst project" and notes the site is a pivotal development opportunity for Old Town Tustin that will have far reaching impacts for all of Old Town. With a proper design that enhances the area, the site can bring more people and business into the area, which would have positive socioeconomic benefits. The suggested development pattern for this site includes buildings that abut the sidewalks and complement the scale and architectural style of existing buildings to enhance the small-town flavor of the district as a whole (Attachment H — Excerpts of the "Visions of Old Town" prepared by R/UDAT). The proposed development could better incorporate the design vision for Old Town by integrating the proposed development into the existing street scene. Staff recommends the site layout and building architecture be modified as follows: The building should be located closer to EI Camino Real to replicate the development pattern and placement of buildings in Old Town, especially along the commercial axis of EI Camino Real and Main Street (Attachment G — Alternate Site Plan). The building is proposed to be placed approximately fifty- five (55) feet back from the front property line and results in a suburban rather than an urban pattern of development. Generally, buildings in Old Town are placed at the front property line with no setback. While the trellis would extend to the front property line, it diminishes the building's connection to the streetscape and building line along the street. The majority of buildings in this area are located at the front property line, adjacent to the street, including historic buildings such as Cox's Market, the Knights of Pythias and Chamber of Commerce, Tustin Hardware (Mrs. B's), and others, as well as new buildings such as Dr. Helm's and the Acorn Naturalist buildings (Attachment D — Photos of Building Placement). In addition, since the garden center (building and outdoor area) is almost the size of a football field, and the predominant development pattern in Old Town is one of attached or clustered buildings on smaller lots, placing the building away from the front property line will exacerbate the visual disparity between the existing street scene and the project. The alternate site plan proposed (Attachment G) would accomplish the applicant's goals of providing some outdoor display area within the front twenty (20) feet setback area, provide for the entire 13,000 square feet trellis outdoor display to the side and rear of the site, and fulfill the visions established for Old Town. A sidewalk should be provided from EI Camino Real to the side entrance to facilitate pedestrian access to the project. The architecture should be modified to incorporate the prominent materials and features of the early commercial brick buildings in Old Town. The building design reflects an agricultural rather than turn -of the century urban commerce theme. Knowlwood's in Fullerton (Attachment F — Knowlwood's) is a good example of the type of building that would maintain the shape of the building desired by the applicant, yet offer a commercial rather than an agrarian appearance and feature materials and colors that are similar to those found in Old Town Tustin. Other developers and corporate entities are able to ensure Planning Commission Report TPM 2003-131, DR 03-008, CUP 03-007 July 14, 2003 Page 8 their buildings are compatible with the character of the communities in which they locate (Attachment E — McDonald's, Bank of America, Home Depot) and Armstrong Garden Centers have been modified from the standard corporate design in other "old town" and commercial areas. The use of a standard corporate design that is the same found in other cities in suburban settings compromises the "small town" individualistic character desired in Old Town. The trellis should be located to the side and rear of the building to maintain a view corridor of the building, similar to other commercial buildings along El Camino Real and Main Street. The noted recommendations are included as conditions of approval and findings for approval of the project with these modifications are included in the attached Resolution Nos. 3880 and 3881. Minoo Ashabi Associate Planner Elizabeth A. Binsack Community Development Director Attachments: Attachment A — Location Map Attachment B — Submitted Plans Attachment C — Submitted Parking Study Attachment D — Photos of Building Placement Attachment E — Example Photos Attachment F — Submitted Letter of Support Attachment G — Alternate Site Plan and Building Elevations Attachment H — Excerpts of the "Visions of Old Town" Attachment I — Resolution Nos. 3880 and 3881 S:\Cdd\PCREPORT\DR 02-038, CUP 02-028.doc ATTACHMENT A Location Map ATTACHMENT B Submitted Plans �1--� co N L 0') xCO WE i U O O _ � U V CD p H occ V) L - .Co Q S� W G Ul) O U') oM N L ami c a T CL C"�_p CL) NNE c° N c�vE E= 0 0 ,p .� L C` cn 0 �+ m N z 2 Y � 0 N 2 p U O '`• 4) 0� J O� Nom; 0ma) Wm0- ` O wo �- M'` ��� L 0) -00 EM U F=EQ V) a) E N C 0 .�-QQQN p O O L O OU WNL m E VNL Y Y�Li p OtQ N 00p�A .�.+ a0+ 3,a1�W Q ENS �M 1 ,V m ML to _C = '� �V O T'sE� XQ °a c/7 E T O�Q � F=ED �Q O __ .p 3`�Ev N� N aD > m,vc ='mU �Q o� O ��`L p �.�L EONm p 0:. 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S � : $ N 9 Z E w f a W -1 LL � L) �I I 1 I '� c 2 � 2ma1 ma: z aFhi b gig Pp`�� 111 .&ix§jjj I I g 1 IS -.2 i U I 11 -�gb i 18lig<aftoi I g30 Po ' Is z �b��b�yl�oa�i' =g >s1E11�R bio$_ �R�k1€€n ae xa g a1$( _ � gg y3¢3yy � �4 g � 5 b MUS S as :�'�F� X O 88 � � � Sb 3qqBp LU �`<@�.�8< zs ' n�8p a F� b b�p�� ; p=l w bbbpbb oil � a � b� "� aka <a ���� "a �B�I� s< Wtl b, p€� b b b �a=Yt�a < e p g o a8 a LU bb :a':Olbifoli w NO se 11 P$1hi 3 <1sa � n 7 61@8 b $ W 0 w >Y 9 bk$- .p 1: p _ <� F_ 1-1?syk o Eb a <:s; I`-apa1?p as ga `:i;r?4is a ATTACHMENT C Submitted Parking Study May 15, 2003 Mr. Ted Stelzner TJS ARCHITECTS, INC. 1208 North Euclid Avenue Ontario, CA 91762 Dear Mr. Stelzner: INTRODUCTION The firm of Kunzman Associates is pleased to submit this parking analysis for the Armstrong Garden Center in the City of Tustin. The project site is located at 505 EI Camino Real. The approximately 1.5 acre project site is presently a strawberry field on the east side of EI Camino Real between Sixth Street and Main Street (see Figure 1). Figure 2 illustrates the project site plan. This report summarizes our methodology, analysis, and findings. We trust that the findings, which are summarized in the front of the report will be of immediate as well as continuing value to you and the City of Tustin in evaluating the project. F1Nn1Nr,_q 1. The approximately 1.5 acre project site is presently a strawberry field located on the east side of EI Camino Real between Sixth Street and Main Street. 2. The project site consists of a 6,400 square foot building with a 41,007 square foot outdoor sales area (excluding the building). 3. The project site is proposed for 43 on-site parking spaces. 4. Four comparable Armstrong Garden Center sites were surveyed. Each was surveyed on a Friday, Saturday, and Sunday and the peak parking demand determined for each of the three days. 1111 TOWN & COUNTRY ROAD, SUITE 34 P ORANGE, CA 92868-4667 TELEPHONE: (714) 973-8383 FACSIMILE: (714) 973-8821 E-MAIL: MAIL ® TRAFFIC-ENGINEER.COM WEB: WWW.TRAFFIC-ENGINEER.COM 5. The maximum number of occupied parking spaces on a weekday (Friday) is 21 parked vehicles from 2:15 PM to 2:30 PM at the City of La Habra Armstrong Garden Center. 6. The maximum number of occupied parking spaces on a weekend (Saturday) is 38 parked vehicles from 1:30 PM to 1:45 PM at the City of La Habra Armstrong Garden Center. 7. The maximum number of occupied parking spaces on a weekend (Sunday) is 37 parked vehicles from 1:15 PM to 1:30 PM at the City of La Habra Armstrong Garden Center. 8. The month of May is one of the busiest sales months based upon Armstrong Garden Center data. Additionally, the busiest single day of the year is the Saturday before Mother's Day. The La Habra site was surveyed on the highest business volume day of the year for a nursery, namely the Saturday before Mother's Day. Not only is it the highest volume day historically, this particular Mother's Day weekend had very bright warm sunny days and it had rained the preceding weekend. The nursery business is high in the springtime on warm sunny days, but is extra high on the Saturday before Mother's Day. 9. The City of Tustin parking code requirements do not have a garden center parking ratio. 10. The proposed development is projected to generate approximately 231 daily vehicle trips, 8 vehicles per hour will occur during the morning peak hour and 24 vehicles per hour will occur during the evening peak hour. 11. Based upon the parking calculations section within this letter, a parking variance will be required for the proposed Armstrong Garden Center. The project site is proposed to provide 43 on-site parking spaces and 44 on-site parking spaces are required. PARKING SURVEY To quantify the existing parking demand, four (4) existing similar Armstrong Garden Center projects were surveyed. The La Habra Armstrong Garden Center is located at 1340 South Harbor Boulevard and contains a 6,400 square foot building within a 27,315 square foot outdoor sales area (excluding the building). The Fullerton Armstrong Garden Center is located at 2830 East Imperial Highway and contains a 3,200 square foot building within a 35,000 square foot outdoor sales area (excluding the building). 2 The Diamond Bar Armstrong Garden Center is located at 21144 Golden Springs Drive and contains a 3,000 square foot building within a 34,000 square foot outdoor sales area (excluding the building). The Santa Ana Armstrong Garden Center is located at 1829 North Tustin Avenue and contains a 2,900 square foot building within a 28,000 square foot outdoor sales area (excluding the building). The existing parking demand was determined by surveying the existing on-site parking areas at 15 -minute intervals on a weekday (Friday) from 1:00 PM to 5:00 PM and on a weekend (Saturday and Sunday) from 9:00 AM to 3:00 PM. For the Fullerton, Diamond Bar, and Santa Ana Armstrong Garden Centers, the weekday (Friday) parking counts were conducted on July 19, 2002 and the weekend (Saturday and Sunday) parking counts were conducted on July 20 and 21, 2002. For the La Habra Armstrong Garden Center, the weekday (Friday) parking counts were conducted on March 21, 2003 and the weekend (Saturday and Sunday) parking counts were conducted on May 10 and 11, 2003. As indicated in Table 1, the maximum number of occupied parking spaces at the similar Armstrong Garden Centers is 21 parked vehicles on a weekday (Friday) from 2:15 PM to 2:30 PM at the City of La Habra Armstrong Garden Center, 38 parked vehicles on a weekend (Saturday) from 1:30 PM to 1:45 PM at the City of La Habra Armstrong Garden Center, and 37 parked vehicles on a weekend (Sunday) from 1:15 PM to 1:30 PM at the City of La Habra Armstrong Garden Center. It should be noted that the La Habra Armstrong Garden Center has recently been opened with promotional advertising. PARKING CALCULATIONS The La Habra Armstrong Garden Center has been used for the parking calculations because it had the highest number of parked vehicles. Data: 61400 SF Building area at Tustin site. 411007 SF Outside fenced sales area (excluding the building) at Tustin site. 61400 SF Building area at La Habra site. 277315 SF Outside fenced sales area (excluding the building) at La Habra site. 3 Calculations: 38 Stalls Stalls being used by Armstrong in May count at La Habra site (Worst case). -26 Stalls Required for 6,400 square foot building area/1 stall per 250 square foot (same for each site). 12 Stalls Required for outside fenced sales area at La Habra site. X1.501 Adjust for sales area difference = 41,007 square foot Tustin/27,315 square foot La Habra 18 Stalls Required for outside fenced sales area at Tustin site. 26 Stalls Required for 6,400 square foot building area/1 stall per 250 square foot. 44 Stalls Total spaces required for Tustin site. PARKING CODE The City of Tustin parking code requirements are included within Appendix A. The City of Tustin parking code requirements do not have a garden center parking ratio. TRIP GENERATION The traffic generated by the project is determined by multiplying an appropriate trip generation rate by the quantity of land use. Trip generation rates are predicated on the assumption that energy costs, the availability of roadway capacity, the availability of vehicles to drive, and our life styles remain similar to what we know today. A major change in these variables may affect trip generation rates. Trip generation rates were determined for daily traffic, morning peak hour inbound and outbound traffic, and evening peak hour inbound and outbound traffic for the proposed land use. By multiplying the traffic generation rates by the land use quantity, the traffic volumes are determined. Table 2 exhibits the traffic generation rates, project peak hour volumes, and project daily traffic volumes. The traffic generation rates are from the Institute of Transportation Engineers (ITE), Trip Generation, 6th Edition, 1997. The proposed development is projected to generate approximately 231 daily vehicle trips, 8 vehicles per hour will occur during the morning peak hour and 24 vehicles per hour will occur during the evening peak hour. HOURS OF OPERATION The hours of operation vary during the year for Armstrong Garden Centers. The project site hours of operation are as follows: Spring -Summer: 9:00 AM to 6:30 PM Monday through Friday 8:00 AM to 6:30 PM Saturday 9:00 AM to 6:30 PM Sunday 4 Fall -Winter: 9:00 AM to 5:30 PM Monday through Friday 8:00 AM to 5:30 PM Saturday 9:00 AM to 5:30 PM Sunday It should be noted that 80% of sales are during the hours between 10:00 AM — 4:00 PM on both weekdays and weekends. BUSIEST DAY OF YEAR The month of May is one of the busiest sales months for Armstrong Garden Centers. The La Habra site was surveyed on the highest business volume day of the year for a nursery, namely the Saturday before Mother's Day. Not only is it the highest volume day historically, this particular Mother's Day weekend had very bright warm sunny days and it had rained the preceding weekend. The nursery business is high in the springtime on warm sunny days, but is extra high on the Saturday before Mother's Day. DELIVERY SCHEDULE There are only two to five deliveries per day. Delivery hours shall be limited to 9:00 AM to 5:00 PM. The delivery area is for deliveries only (not for customer pick-up) and is provided with a truck unloading area with crosswalk. The maximum size truck used at this facility is a 35 foot truck. SITE ACCESS The project site is proposed for access to EI Camino Real and Main Street. Install a STOP sign at the access driveways to adjacent arterials. Landscape plantings and signs should be limited to 30 inches in height within 10 feet of project driveways to assure good visibility at the access driveways. ON-SITE CIRCULATION The circulation within the parking areas should allow relatively free flow of vehicular traffic with no constrictions. CONCLUSIONS As indicated in Table 1, the maximum number of occupied parking spaces at the similar Armstrong Garden Centers is 21 parked vehicles on a weekday (Friday) from 2:15 PM to 2:30 PM at the City of La Habra Armstrong Garden Center, 38 parked vehicles on a weekend (Saturday) from 1:30 PM to 1:45 PM at the City of La Habra Armstrong Garden A Center, and 37 parked vehicles on a weekend (Sunday) from 1:15 PM to 1:30 PM at the City of La Habra Armstrong Garden Center. It should be noted that the La Habra Armstrong Garden Center has recently been opened with promotional advertising. The month of May is one of the busiest sales months for Armstrong Garden Centers. The La Habra site was surveyed on the highest business volume day of the year for a nursery, namely the Saturday before Mother's Day. Not only is it the highest volume day historically, this particular Mother's Day weekend had very bright warm sunny days and it had rained the preceding weekend. The nursery business is high in the springtime on warm sunny days, but is extra high on the Saturday before Mother's Day. The City of Tustin parking code requirements do not have a garden center parking ratio. The proposed development is projected to generate approximately 231 daily vehicle trips, 8 vehicles per hour will occur during the morning peak hour and 24 vehicles per hour will occur during the evening peak hour. Based upon the parking calculations section within this letter, a parking variance will be required for the proposed Armstrong Garden Center. The project site is proposed to provide 43 on-site parking spaces and 44 on-site parking spaces are required. It has been a pleasure to serve your needs on this project. Should you have any questions, or if we can be of further assistance, please do not hesitate to call. Sincerely, KUNZMAN ASSOCIATES Q,�,pF ESSIpN KV ��F CIO _ z W _ZtNo. TR0056 Z a d Carl Ballard * T RA Ff � Q. Senior Associate OFC #2688a C KUNZMAN ASSOCIATES William Kunzman, P.E. Principal Professional Registration Expiration Date 3-15-2004 Table 1 Parking Survey Number of Parked Vehicles Weekda((Friday) Weekend(Saturday) Weekend Sunda Diamond Diamond Diamond Time Fullerton Bar Santa Ana La Habra Fullerton Bar Santa Ana La Habra Fullerton Bar Santa Ana La Habra 9:00 AM - 9:15 AM -- -- -- -- 5 2 2 18 4 3 1 12 9:15 AM - 9:30 AM -- -- -- -- 5 6 2 18 5 6 1 17 9:30 AM - 9:45 AM -- -- -- -- 9 6 2 20 5 8 4 17 9:45 AM - 10:00 AM -- - -- -- 10 6 3 23 5 8 5 23 10:00 AM - 10:15 AM -- -- -- -- 11 9 3 23 8 7 6 25 10:15 AM -10:30 AM -- -- -- - 8 10 4 17 6 8 7 29 10:30 AM - 10:45 AM -- — -- - 10 9 6 25 7 7 7 32 10:45 AM - 11:00 AM -- -- -- -- 10 12 6 32 11 9 7 28 11:00 AM - 11:15 AM -- -- -- -- 14 10 7 31 12 12 9 34 11:15 AM - 11:30 AM -- -- -- -- 13 6 9 25 10 13 5 29 11:30 AM - 11:45 AM -- -- -- - 15 8 10 37 12 16 6 29 11:45 AM - 12:00 NOON -- -- -- -- 14 8 11 34 1 10 14 9 28 12:00 NOON -12:15 PM -- -- -- -- 15 8 10 27 9 15 8 32 12:15 PM - 12:30 PM -- -- -- -- 10 9 11 31 14 18 6 34 12:30 PM - 12:45 PM -- -- -- -- 13 7 12 36 13 15 5 29 12:45 PM - 1:00 PM -- -- -- -- 10 1 8 10 26 12 1 15 8 36 1:00 PM - 1:15 PM 9 6 9 15 12 8 9 25 11 16 11 35 115 PM - 130 PM 11 8 8 19 13 7 7 34 10 12 13 37 1:30 PM -1:45 PM 8 8 11 16 12 6 7 38 14 13 15 32 1:45 PM - 2:00 PM 10 5 8 18 10 7 8 37 12 10 13 29 2:00 PM - 2:15 PM 8 6 10 19 12 11 9 33 10 12 10 32 215 PM - 2:30 PM 8 7 9 21 16 10 8 37 11 13 8 29 2:30 PM - 2:45 PM 10 4 10 13 18 8 9 37 16 15 10 29 2:45 PM - 3:00 PM 9 9 11 18 16 7 10 33 1 14 12 9 31 3:00 PM - 3:15 PM 8 7 8 20 -- -- — -- -- -- — -- 3:15 PM - 3:30 PM 11 9 10 20 -- -- -- -- -- -- -- -- 3:30 PM - 3:45 PM 8 13 11 17 -- -- -- -- -- -- -- -- 3:45 PM - 4:00 PM 10 10 9 17 -- -- -- -- -- -- -- -- 4:00 PM - 4:15 PM 5 7 10 18 -- -- -- -- -- -- -- -- 4:15 PM - 4:30 PM 6 6 9 18 -- -- -- -- -- -- -- - 4:30 PM - 4:45 PM 9 7 10 20 -- -- -- -- -- -- -- -- 4:45 PM - 5:00 PM 8 5 8 18 -- -- -- -- -- -- -- - Maximum 11 13 11 21 18 12 12 38 16 18 15 37 Table 2 Project Traffic Generation' Source: Institute of Transportation Engineers (ITE), Trip Generation, 6th Edition, 1997, Land Use Category 817 - Nursery (Garden Center). 2 TSF = Thousand Square Feet Trips Generated Trips Generated Time Period Per TSF2 by 6.4 TSF Morning Peak Hour Inbound 0.79 5 Outbound 0.52 3 Total 1.31 8 Evening Peak Hour Inbound 1.90 12 Outbound 1.90 12 Total 3.80 24 Daily 36.08 231 Source: Institute of Transportation Engineers (ITE), Trip Generation, 6th Edition, 1997, Land Use Category 817 - Nursery (Garden Center). 2 TSF = Thousand Square Feet IN APPENDIX A City of Tustin Parking Code Requirements TUSTIN CITY CODE �ZONI14G 92;34(0 (e) Minimum front yard setback: None, 10 feet when frontage abuts a lot in an "R" District, unless otherwise shown on -Zoning Map (C) Minimum side yard setback: None, 10 feet when side abuts lot in "R" District, unless otherwise shown on Zoning Map (g) Minimum rear yard setback: None, 5 feet when abutting an alley (h) 01T street parking: As specified In use permit (Ord. No. 157, Sec. 4.9 and Ord. No. 311) 9235 COMMERCIAL GENERAL DISTRICT (CG) a Purpose To provide for and encourage the orderly Aeveiopment of commercial areas throughout the City in accordance with the Land Use Element of the General Plan, which will serve the demand for a wide variety of goods and services. b Permitted Uses The following uses, or unlisted uses which, in the opinion of the Planning Commission, are resolved to be similar, will only be allowed in the Commercial General District. (1) Any use authorized in the Central Commercie.l District (C-2) unless otherwise listed as a conditionally permitted use in this Commercial General (CG) District. (Ord. No. 896, Seca. 9, 10, 11.21-83) (2) Retail businesses, exemplified by the following list when conducted within a building: (a) Antiques and curios (b) Art goods (c) Appliance stores (d) Bakeries (e) Bicycle tales (including repairs) (f) Boole and stationary (g) Ceramics (not including molding, casting or manufacturing by any process) (h) Clothing (i) Confectionary U) Department stores (k) Drug Store (including sundries and notion-) (1) Dry goods (m) Florist shops (n) Food market (o) Hardware (but not including equipment rentals) (p) Household goods and furnishings (q) Jewelry stores (including repair and watchmaking) (r) Leather goods (s) Reserved (Ord. No. 896, Sec. 11, 11.21.83) (t) Musical supplies and instruments REV: 1-s3 LU -2-42 TUSTIN CITY CODE ZONING 9234b(u) (u) News stands (v) Ot'fiee supplies and equipment. (w) Paint and wallpaper (x) Radio and TV stores and servfce (y) Real estate offices (z) Religious supplies (as) Shoe stores (bb) Sporting goods (but not including boat and motor sales) (oc) Variety stare (dd) Offsite alcoholic beverage sales luted within a building and permitted business with at least fifteen thousand M,,000) square feet of gross floor area and where the alcoholic beverage sales area within :he building occupies no more than ten (10) percent of the gross flcor Area (Ord. No. 1101, Sec. 1C, 11.16.92) (3) Service business, exemplified by the following sales incidental thereto, when con• ducted within a building. (a) Banks and finance companies (including those providing drive-in service) (b) Barber shops (c) Beauty parlor (d) Blueprinting (e) Coin-operated dry clearing establishments (provided no pressing is done on the premises) (f) Coin-operated self-service laundromdts (g) Dry-cleaning and laundry agencies (rick -up and delivery only) (h) Interior decorator (i) Job printing Q) Locksmith (k) Photograph gallery (1) Public utility business offices (excluding corporation yards) (m) Restaurants (not including drive-ins) (n) Seamstress and/or millinery shop (o) Shoe and/or luggage repair shop (p) Studios (q) Tailor shop (r) Telephone answering aerrice (s) Travel agency (t) Typing and addressing service c Conditionally Permitted Uses The following additional uses are permitted in the CO District subject to approval orif ume permit: (a) Amusement and recreation facilities REV: 1.93 LU -2.42.1 TUSTIN CITY CODE ZONING 9235c(a.1) (a.1) Amusement resorts, arcades and private recreational facilities, and video and vend• ing machines and such other contrivances in excess of five (5) which are incidental to the principal business. (b) Any development in excess of five (5) acres in total parcel space (c) Automobile vehicle sales (d) Automobile supplies and services GQ r GtJ4sAe S (e) Bakeries, wholesale (f) Billiard parlors and pool halls (g) Bowling alley (h) Building supply (i) Business school 0) Churches, schools, and public places of assembly (k) Cleaning and laundry establishments (on premises) (1) Clubs (m) Drive-in and take-out establishments for food or services (n) Fraternal organizations and lodge (o) Health clubs, massage establishments, figure model studios, and gymnasiums (p) Manufacturing, fabrication, distribution facilities occupying less than 50 percent of floor area and less than 60 percent of operations (q) Mortuaries (r) Motels and hotels (a) Nursery schools (t) Outdoor markets and sales establishments (u) Pct shops (v) Rest homes and convalescent hospital facilities (e►) Service stations (x) Small animal hospitals or clinics (y) Social halls (i) Theaters (as) Veterinarian services (bb) Other uses which in the opii6on or the Planning Commission nre of a similur nature REV; 1.93 LU -2.42.2 TUSTIN CITY CODE ZONING 9235c(cc) (cc) Reserved (dd) Alcoholic beverage sales establishments subject to the following criteria: Off-site alcoholic beverage sales located in a building and permitted business with less than fifteen thousand (15,000) square feet of gross floor area, or where the off-site alcoholic beverage sales area within the building occupies more than ten (10) percent of the gross floor area, shall be located a minimum distance of: 100 feet from any residentially zoned or used properties. 300 feet from any other existing off-site sales establishment. 600 feet from any church, public or private school, playground, or hospital. (Ord. No. 920, Sec. 4, 11-19-84; Ord. No. 981, Sec. 8, 5-4-87; Ord. No. 1101, Sec. 1H, 11-16-92) (ee) Development or construction of new building structures where more than fifty per- cent (50%) of the total floor area is designated for occupancy by professional or general offices. (ff) Convenience stores. (Ord. No. 981, Sec. 7, 5-4-87) (Ord. No. 699, Sec. 4; Ord. No. 888, Sec. 2, 8-1-83; Ord. No. 896, Sec. 12, 11-21-83) d Restricted Uses (1) No warehousing or storage other than accessory storage of commodities sold at retail on the premises shall be permitted except as otherwise provided by this Section. (2) No manufacturing, processing or treatment of products other than that which is clearly indicated to the retail business conducted on the premises shall be permitted. (3) Not more than five (5) persons shall be engaged on the premises in the incidental manufacturing, processing or treatment of products as permitted herein. (4) None of the above listed uses or any other use determined to be permitted shall maintain any outside storage or work areas. Nor shall there be any storage of any commercial vehicle normally associated with any of the permitted uses. Provided further than any use permitted herein requiring such vehicle shall provide a perma- nent parking and/or loading space for such vehicle. (5) No residential use shall be permitted in any structure used for commercial purposes, except for caretaker facilities incidental to the permitted use. e Limitations and Exceptions (1) Use of properties zoned other than "CG," for general commercial purposes Where property classified for "CG" uses has a depth of two hundred (200) feet or less. as measured at right angles from the street frontage indicated as business frontage, additional adjoining property may be used for commercial purposes when such ad- joining. property fronts upon the side street, and the side of such adjoining property abuts upon the property classified for "CG" purposes. The additional property so used REV: 1-93 LU -2-42.3 TUSTIN CITY CODE ZONING 9235e shall be a part of and an extension of the particular use occupying the corner property. The use of subject property shall require approval of a conditional use permit. (2) Exception to height limitations Height limitations of this Section may be exceeded for those structures removed more than 200 feet from any single-family residential tone, subject to approval of a condi- tional use permit. (3) Exception to setback requirements Exceptions to the general setback requirements of this Section shall be made only in conformance with the development criteria of specific plana as approved by the City Council. f Development Standards (1) Maximum structural height The maximum height of any building or structure shall not exceed three stories nor thirty-five (35) feet; provided, however, that penthouse or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the buildings, and fire or parapet walls, skylights, towers, roof signs, flagpoles, chimneys, smokestacks, wireless masts or similar structures may exceed such height limit; provided no space above such height limit shall be -allowed for the purpose of providing additional floor apace. (2) Structural setbacks (a) Front yard A minimum of ten (10) feet front structural setback shall be required from the ultimate street right of way line. (b) Side yard A minimum of ten (10) feet side yard structural setback shall be required from the ultimate street right of way line or adjoining residential lot. Otherwise, no side yard setback shall be required. (c) Rear yard Where any commercially zoned property rears upon the rear or side yard of property classified for single-family residential purposes, there shall be a rear yard of not less than fifteen (15) feet. Where the commercial property rears upon an alley or private drive easement. there shall be a rear yard sAtback of not less than five (5) feet. Otherwise, no rear yard need be provided. REV; 1.93 LU -2.42.4 TUSTIN CITY CODE ZONING Js5f3 3. .ig requirements (a) Parking design Parking areas shall be designed and landscaped in accordance with the criteria contained in Guidelines for Planning, Zoning and Development as ads+r,,.i by the City Council. (b) Off-street parking requirements (1) Retail stores: I parking spate for each 200 square feet of floor area used for retail sales or storage, excluding equipment rooms, elevators, and stairways. (2) Banks and office buildings: 1 parking space for each 250 square feet of gross floor area, calculated to be all floor space under roof. (Ord. No. 963, Sec. 2C, 1-20-86) (3) Restaurants: 1 parking space for each 3 seats plus 1 space for each 300 square feet used for kitchen, storage, or food preparation. (4) Assembly areas: 1 parking spaca for each 3 seats, based upon total occu- pancy load of the assembly area, plus 1 space per each 300 square feet of service area. (5) Medical -dental offices and clinics: 6 parking spaces per each 1,000 square feet, or portion thereof, of gross floor area, calculated to be all floor space under roof. (6) Combined sales and assembly or processing facilities: 1 parking space for each 200 square feet of total retail sales floor area plus 1 parking space for each 500 square feet of floor area for service, storage or processing. (7) Service stations: 6 spaces per service station site, in addition to inside bays. (8) Hotels and motels: 1 space for each west unit plus accommodations for resident manager and- auxiliary facilities. (9) Unclassified uses: Authorized but unclassified uses shall provide parking accommodations equivalent to the standards for comparable uses. 4. Lot coverage Commercial sites may have 100 percent lot coverage less that required for landscap. ing and parking requirements. 5. Lot size (building site) A building site shall occupy not less than a 3,000 square foot parcel. 6. Refuse storage requirements Refuse storage areas shall conform to the standards and criteria contained in the Guidelines for Planning, Zoning and Development, as adopted by the City Council. 7. Street dedication REV: 1-86 Highway dedication and improvements shall be as required by Section 9271x. LU -2-43 TUSTTN CITY CODE ZONING . 9235M 8. Suffix (supplemental provisions) Properties designated "CG -PUD" on the Zoning Map shall require the submission and approval of design plans for a use permit pursuant to the requirements for Planned Unit Developments. g Use Criteria—Office Development I. Office developments within the Commercial General District (CG) shall conform to retail commercial use parking standards for the first floor area unless otherwise specifically exempted pursuant to the approved conditional use permit. 2. Findings, including but not limited to the following, shall be made by the Planning Commission prior to approving a conditional use permit for construction of a building where greater than fifty (50) percent of the total floor area, or any portion of the ground floor area is designated for occupancy by office uses. (a) Development or construction of professional or general office buildings would be more compatible with the surrounding uses in the area than permitted retail commercial uses on the subject property. 3. Development or construction of buildings restricted to a mixture of uses in which the retail commercial floor area exceeds tiny (50) percent of the total building floor area are exempt from office development use criteria. (Ord. No. 654; Ord. No. 895, Sec. 13, 11-21-83) REV: 1.88 LU -2.44 ATTACHMENT D Photographs of Building Placement Immonaft. IMI p. X 4 i }: id i i y rte.416i T _ •f p•^ Iry L r R�I p » �j � ATTACHMENT E Example photographs W n 4 b .-..- ewe aw..:. _ �...m...a4 ,. �,_ .. � p _ ,�` ;, u . � y, f t �. Ww .�, � .W , ... .. _ �. y A ra, h a hf" Gy tY �R .h. hg� 4H i ha Yt t �. RE !P' _a 1 W W W V z g O N U = LU cr inIf a O c Z Q J O Cl - LU w U U N Q a J c � o z 0 a w J LU C) z z 0 U O Q Z w il. y Q -Q CL 1 nr r W _ c Z � Id ami i w � N co .._ N S {'CL � W X J x — I t �. RE !P' _a 1 W W W V z g O N U = LU cr inIf a O c Z Q J O Cl - LU w U U N Q a J c � o z 0 a w J LU C) z z 0 U O Q Z ATTACHMENT F Submitted Letter of Support GILBREATH FAMILY ENTERPRISES, LLC June 26, 2003 To Whom it May Concern City of Tustin 300 Centennial Way Tustin, CA, 92780 520 South EI Camino Real Tustin, California 92780 Ph. 714-993-4430 Fx. 714-993-4589 We own the property which is directly across the street from the proposed Armstong Garden Center on EI Camino Real [Jamestown Village Center]. I am writing to encourage approval of the Armstrong Garden Center. Armstrong has provided us with a rendering of the proposed center. The center will be a welcome addition to the area and will serve to draw shoppers to Old Town. The building and grounds, as shown on the rendering, are beautiful and in keeping with the Old Town ambience. The Garden Center is well laid out and accessible. The building actually reminds me of the old packing house over on Newport. This property has been vacant ever since I arrived in Tustin in 1955. This is a great opportunity to develop one of the vacant parcels in Old Town with a quality operation that fits in perfectly with the surrounding businesses. A bonus is that Armstrong's is a reliable, well known company, which has been in business for many years. Some of the previously vacant parcels are finally starting to be developed in Old Town. Having these vacant parcels has held Old Town back for many years. Now we have a great opportunity to involve a quality operation, with a beautiful plan, in Old Town. I can't understand any reluctance about this. This is a great project that can go forward now. It makes no sense to place so many burdens on an organization that they give up. They have to find a less desirable site, and we sit with another vacant Old Town parcel, waiting for some "pie in the sky" project, that may not even start for 5-10 years. In any case, we are firmly behind the project and encourage its earliest approval. Sincerel I Spencer Gilbreath Manager Cc: Joseph Amaral — Armstrong Garden Centers ATTACHMENT G Alternate Site Plan & Building Elevations I L`D _O N ML. CLAM ! NO Rm4l.. v 2 0 d W Of O Q V ol ATTACHMENT H Excerpts of the "Visions of Old Town" :l co C) cis ' o .d G 3 rq O -M N•� co 'G co O O to 4-4 ct a � W O 4 -Ln Qn O CA �Cd M � O m 3 b ^, E E �_ al' 4— Cd cz U Q �� s W) -� W � rrA cd 4-0 0 'b cd 'T7 O o ° Cd 4 -A a � 3 W ��� O O :l h .moi cn � v Q Q)rn A Q cd N �? 3 bq E i 1Y ►U EO a� 3 C) � O , te a ( O p At m° r=�,� H r ,� to cz to A •� .OCJ cz m bo co Q El . a ^-. -Arn co = Q b�A O O � � 3 � ° CA.� .cvj o ZA b U 3= M M cz 5:' •v H .n �`� O O O o •� CZ r `~oma v Q C, � R, cd ro a" 4--4 &- A te p Qn 4-4 r-+ O 'C7 � X CLO 0 Lid ct .—, 0 r4 a O U > 3 o o '� ° 10 ,° a, o o4-4 Lo lu w bo cz ct v ►—a o a�co Cdo U W Cn '� w Q) C13 cj co cts iczy a� o3 a 3 :ti 0Cd ° O O +•� O O O cn 03 r3 cz cd 1) r= O • > V .� cid b4 C U" _a 6. � coO N 0.� 2w U O O G >, b4-4 Cfd w U U O •> y .— 3 O 4J .� 4t o f O O u to rn 4Z 4-44-4 O° f .,� C4 -4O " .� w, �' y 3 C p A O rA ,° b 4- U ro -Uo W2 t U °U 3's..Q 1 77, 3 oas a� b a cz cd CISv O •O O v ccz C13 to 44 Cj 41 03 Ln 0 CA ro co CA Ln o b�A vco to iiU G 3 'r a) t , F+y v •., c� R, ct cit b cw v �,, > .. 3 -� a� ,� C',aq a .OUO P" � o U 3 r o O b a Q. r-c"ll It �.T.�ccs u •� •., cd *'' ' cd 1-4 crs LZ ra cd CIO CA 4-1 R,ov cz C,j A 9 a� N 0 O I'll a� Q) cz c� CZ � U 0 O Q-4 'o o 'c U a�Ln co cri cd 4-4 03 Q) �v 3 N � a� L J t4 3 Zf; w0 �v) ozAz z~ 0 A a u 0 t� Q V) xza OU �<W UtAW C13 to �. r4 m C) r-,.4 � b 4-4 CTJ CO u Lnco .~ 3 U W p a 0 cj ct Cis to u 15. t4-4 N cd '4-4 cd U 4-1 Wo Q, a, czcz° U 03 U U a p cn A. U oj coto cz Q.)� �cz x�UUa.t�G� �� Cd �"CZ .� "1 1 m m w N ti Er Q "• I�o N C r 4-4 � v, � � G bU Cfj � a.� a.� a� _v r- co 0 CO °tap r co -14 4-4 to -0 o co to cu o ci cd +-' �-' U Cd o tido "0 D W c� o o d 3 E.., a a.n cz a •a o 3cz CO CZ to 3 a a� CO Q �, •� o •4 v •° a� o •� M o a o b 0 v �' �• 3 o-° P.4 ct 3 ctcd a Csr-��ba� Er Q "• I�o N U N 41 ® r r r r r r r r r n N Q Ln +�' aJ , •v ' J '� '� a • b b v 3 •� � o b 0 bb .0 o �, r., to U Q ct W a, 3 -o C� m -73 �. 0o o o °'�PO cn cz � a � � � . .� y.., 0 .� ^.,,, M � o � � . � W a� OCd a a� to r.�, ,__ ,__, a� ,Ln y C14� Ln a� 41 g- o 64 ° Q., U - �, • .� ..., W° v 'a ao -o 3 •� o o O o cd U u u o an a° E-�'� 4$:!N a�Fa z a�Nb� O ® r r r r r r r r r n N Q ATTACHMENT Resolutions 3880 and 3881 RESOLUTION NO. 3880 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING THAT THE CITY COUNCIL APPROVE TENTATIVE PARCEL MAP 2003-131 TO SUBDIVIDE FOUR (4) EXISTING PARCELS (4.09 ACRES) LOCATED AT THE NORTHEAST CORNER OF SIXTH STREET AND EL CAMINO REAL INTO FOUR (4) NEW PARCELS AND DEVELOPMENT OF AN ARMSTRONG GARDEN CENTER ON THE NORTHERLY PARCEL 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 for Tentative Parcel Map No. 2003-131 was submitted by TJS Architects on behalf of John and Mary Prescott, L.P. requesting approval to subdivide four existing parcels (4.09 acres) located at the northeast corner of Sixth Street and EI Camino Real into four (4) new parcels and development of an Armstrong Garden Center on the northerly parcel (assessor parcel numbers 401-623-08 to 401- 623-11); B. That a public hearing was duly called, noticed, and held for said map on July 14, 2003, by the Planning Commission; C. That the proposed subdivision is in conformance with the Tustin General Plan land use designation of Community Commercial and the Central Commercial and Parking Overlay in that these designations provide for the development of retail commercial projects; D. As conditioned, the map would be in conformance with the State Subdivision Map Act and the Tustin City Code Section 9323 (Subdivision Code); E. That the site is physically suitable for the type of development proposed; F. That the site is physically suitable for the proposed density of the development; G. That the design of the subdivision or the types of improvements proposed are not likely to cause serious public health problems. H. That the parcel map or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife in their habitat; and, Resolution No. 3880 Tentative Parcel Map 2003-131 July 14, 2003 Page 2 The parcel map is Categorically Exempt pursuant to Section 15315, Class 15 of Title 14, Chapter 3, of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Planning Commission hereby recommends that the City Council approve Tentative Parcel Map 2003-131 to subdivide four existing parcels (4.09 acres) located at the northeast corner of Sixth Street and EI Camino Real into four (4) new parcels and development of an Armstrong Garden Center on the northerly parcel, subject to the conditions contained in Exhibit A attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 14 th day of July, 2003. LINDA C. JENNINGS Chairperson ELIZABETH A. BINSACK Planning Commission Secretary 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 Planning Commission of the City of Tustin, California; that Resolution No. 3880 duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 14th day of July, 2003. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A TENTATIVE PARCEL MAP 2003-131 RESOLUTION NO. 3880 CONDITIONS OF APPROVAL (1) 1.1 The proposed Project shall substantially conform with the submitted plans for the project date stamped July 14, 2003, on file with the Community Development Department, except 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 minor modifications to plans during plan check if such modifications are to be consistent with the provisions of the Tustin City Code and other applicable codes. (1) 1.2 Approval of Tentative Parcel Map 2003-131 is contingent upon the applicant returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the property owner signing and recording with the County Clerk -Recorder a notarized "Notice of Discretionary Permit Approval and Conditions of Approval" form. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. (1) 1.3 As a condition of approval of Tentative Parcel Map 2003-131, 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 defense of any such action under this condition. (1) 1.4 Within 24 months from tentative map approval, the subdivider shall record with appropriate agencies a final map prepared in accordance with subdivision requirements of the Tustin Municipal Code, the State Subdivision Map Act, and applicable conditions contained herein unless an extension is granted pursuant to Section 9323 of the Tustin Municipal Code. Time extensions may be considered if a written request is received by the Community Development Department within thirty (30) days prior to expiration. SOLIRGF GODFS (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 Tentative Parcel Map 2003-131- Conditions of Approval Resolution No. 3880 Page 2 (1) 1.5 The subdivider shall conform to all applicable requirements of the State Subdivision Map Act, the City's Subdivision Ordinance, and the City's zoning regulations. (5) 1.6 The subdivider shall be required to execute subdivision/monumentation agreements and provide improvement/monumentation bonds to the City prior to recordation of the final map. (1) 1.7 Prior to final map approval, the subdivider shall submit: A. A current title report; and, B. A duplicate mylar of the Final Map, or 8Y2 inch by 11 inch transparency of each map sheet prior to final map approval and "as built" grading, landscape, and improvement plans prior to Certificate of Acceptance. (c) 2.1 Prior to approval of the final map, all organizational documents for the project including CC&Rs shall be submitted to and approved by the Community Development Department and the City Attorney. The applicant is responsible for costs associated with the review of these documents. A copy of the final documents shall be submitted to the Community Development Department within five (5) days after their recordation. These provisions shall include, but not be limited to, the following: A. The City shall be included as a party to the CC&Rs for enforcement purposes of those CC&R provisions in which the City has interest, as reflected in the following provisions. However, the City shall not be obligated to enforce the CC&Rs. B. A covenant of easement for ingress, egress, parking, and a common trash enclosure shall be established. C. Maintenance association bylaws shall be established. D. Provisions for effective establishment, operation, management, use, repair, and maintenance of all common areas and facilities including landscaped areas, walls and fences, driveways, walks, parking spaces, utilities, and trash enclosures shall be included. E. Membership in the maintenance association shall be inseparable from ownership in individual lots. F. Maintenance standards shall be provided for applicable items listed in Section D. Examples of maintenance standards are shown below: Exhibit A Tentative Parcel Map 2003-131- Conditions of Approval Resolution No. 3880 Page 3 1. All common area landscaping shall be properly maintained such that it is evenly cut, evenly edged, free of bare or brown spots, debris, and weeds. All trees and shrubs shall be trimmed so they do not impede pedestrian traffic along the walkways. Trees shall be pruned so they do not intrude into neighboring properties and shall be maintained so they do not have droppings or create other nuisances to neighboring properties. All trees shall also be root pruned to eliminate exposed surface roots and damage to sidewalks, driveways, and structures. 2. All private driveways and sidewalks shall be maintained so that they are safe for users. Significant pavement cracks, pavement distress, excessive slab settlement, abrupt vertical variations, and debris on travel -ways should be removed or repaired promptly. 3. Common areas and facilities shall be maintained in such a manner as to avoid the reasonable determination of a duly authorized official of the City that a public nuisance has been created by the absence of adequate maintenance such as to be detrimental to public health, safety, or general welfare, or that such a condition of deterioration or disrepair causes harm or is materially detrimental to property values or improvements within three hundred (300) feet of the property. G. Parking spaces, driveways, sidewalks, and other access to the site and buildings shall not be permanently or irrevocably assigned to any individual unit, tenant, or building. The minimum required number of accessible parking spaces required by the Americans with Disabilities Act (ADA) shall be maintained on each of the properties. H. All utility services serving the site shall be installed and maintained underground. I. The maintenance association shall be required to file the name, address, and telephone number of at least one member of the association before January 1 St of each year with the Community Development Department for the purpose of contacting the association. J. The maintenance association shall inform and disclose all new members of the association upon purchase or a lease agreement on limitation of use of the shared access, driveways, and all common areas and facilities. Exhibit A Tentative Parcel Map 2003-131- Conditions of Approval Resolution No. 3880 Page 4 K. No amendment to alter, modify, terminate, or change the maintenance association's obligation to maintain the common areas and facilities or other CC&R provisions in which the City has an interest, as noted above, or to later modify, terminate, or change the City's right to enforce maintenance of the common areas and facilities shall be effective without prior written approval of the Community Development Department. (1) 3.1 The subdivider shall satisfy dedication and/or reservation requirements as applicable, including but not limited to, dedication of all required street and flood control right-of-way easements, vehicular access rights, sewer easements and water easements defined and approved as to specific locations by the City Engineer and other agencies. (1) 3.2 Reciprocal ingress, egress, parking, and pedestrian easements shall be provided between all parcels. (1) 3.3 Prior to issuance of grading permit, the applicant shall prepare a Tentative Parcel Map consistent with City of Tustin Subdivision Manual. (1) 3.4 Subdivider's execution of a subdivision/monumentation agreement and furnishing the improvement/monumentation bonds as required by the City Engineer prior to recordation of the final map. (1) 3.5 Prior to recordation of the Final Map, the applicant shall provide fire protection access easements and dedicate them to the City. The easements shall be located within unobstructed areas and clear access shall be provided at all times. (1) 3.6 Preparation and recordation of a final subdivision map will be required. (1) 3.7 Upon recordation of the Final Map, the applicant shall obtain a new address from the Engineering Division. (1) 3.10 Applicant shall relocate the meters and meter boxes into the public right of way. (1) 3.11 In addition to the normal full-size plan submittal process, all final development plans including, but not limited to: tract maps, parcel maps, right-of-way maps, records of survey, public works improvements, private infrastructure improvements, final grading plans, and site plans are also required to be submitted to the Public Works Department/Engineering Division in computer aided design and drafting (CADD) format. The standard file format is AutoCAD 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 Exhibit A Tentative Parcel Map 2003-131- Conditions of Approval Resolution No. 3880 Page 5 order to interchangeably utilize the data contained in the infrastructure mapping system, CADD drawings must be in AutoCAD "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. (1) 3.12 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) 4.1 The applicant shall submit to the City of Tustin any additional CC&R Review fee required at the time of submittal. The CC&R Review fee includes one initial check and recheck of the document. If subsequent review is required, an hourly fee of $190 per hour (or rate in effect at the time of submittal) for City Attorney and $50 per hour (or rate in effect at the time of submittal) for Planning staff is required. (1) 4.2 Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of forty- three dollars ($43.00) 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. RESOLUTION NO. 3881 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN APPROVING DESIGN REVIEW 03-008 AND CONDITIONAL USE PERMIT 03-007 AUTHORIZING ESTABLISHMENT OF A GARDEN CENTER WITH A 61400 SQUARE FOOT BUILDING AND 41,007 SQUARE FEET OF OUTDOOR SALES AREA AND THE NUMBER OF REQUIRED PARKING SPACES WITH APPROVAL OF A PARKING DEMAND ANALYSIS The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application for Design Review 03-008 and Conditional Use Permit 03-007 was filed by TJS Architects on behalf of John A. and Mary M. Prescott L.P. requesting authorization to establish an Armstrong Garden Center with a 6,400 square foot building and 41,007 square feet of outdoor sales area and the required number of parking spaces through approval of a parking demand analysis located at 505 EI Camino Real (Parcel 1 of Tentative Parcel Map 2003-131). B. That the proposed use is consistent with the Tustin General Plan in that the property is designated as "Old Town Commercial" which provides for the establishment of commercial 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. The project is located within the Industrial "Central Commercial" zoning district where retail uses are permitted and outdoor sales are conditionally permitted in accordance with Section 9233c of the Tustin City Code. D. That a public hearing was duly called, noticed, and held on said application on July 14, 2003, by the Planning Commission. E. Pursuant to Section 9272 of the Tustin City Code, the Planning 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 development therein, or the occupancy as a whole in that the building location, height, massing, and scale, and the proposed architectural design and site amenities as conditioned would be compatible with the setting and similar to other commercial uses in the area. 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; Resolution No. 3881 Page 2 3. Exterior materials and colors; 4. Type and pitch of roofs; 5. Size and spacing of windows, doors, and other openings; 6. Towers, chimneys, roof structures, flagpoles, radio and television antennae; 7. Location, height, and standards of exterior illumination; 8. Landscaping, parking area design, and traffic circulation; 9. Location and appearance of equipment located outside an enclosed structure; 10. Location and method of refuse storage; 11. Physical relationship of proposed structures to existing structures in the neighborhood; 12. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares; 13. Proposed signage; and, 14. Development guidelines and criteria as adopted by the City Council. F. The proposed addition complies with the development standards and requirements of the Retail Center (C-1) zoning district with the exception of parking for which a parking demand analysis has been submitted. G. The study is based on parking demand for existing Armstrong Garden Centers, which concludes that forty-four (44) parking spaces would be needed to satisfy the parking demand during the peak hours. The City's Senior Project Manager of Transportation has accepted the study's methodology as complete and accurate. Any change to the hours of operation or operational standards may require a new parking demand analysis as deemed necessary by the City's Traffic Engineer. H. As conditioned, no on-site turn around for delivery trucks would be permitted. Trucks entering the site would need to be informed of the exiting routes to minimize interference with customer circulation. The hours of truck deliveries may be limited, if deemed necessary by staff. I. The proposed location and design of the proposed building, as conditioned, would be consistent with goals and policies of the Tustin General Plan as related to Old Town Tustin and the "Visions of Old Town" prepared in 1991 to guide revitalization efforts in Old Town Tustin. J. As conditioned, the proposed project will not have a negative effect on the surrounding properties or impair the orderly and harmonious development of the area, the present or future development, or the occupancy, or community as a whole since: Resolution No. 3881 Page 3 The location, height, massing, and scale, and architectural design of the building and the outdoor sales area will be complementary to the existing buildings in Old Town Tustin. Locating the building along the street frontage and use of building materials appropriate with Old Town Tustin would eliminate the fencing along the street frontage, enhance the EI Camino Real streetscape and contribute to a pedestrian friendly storefront. The proposed outdoor sales areas are complementary to the building design and would enhance the aesthetics of the site. As conditioned, the outdoor sales areas visible from public rights-of-way would be only used for display of planting materials. No bulk storage of pots, soils, tools, or other non- organic materials would be permitted within these areas. The proposed lighting is complementary to the building design and would not be obtrusive to the adjoining neighbors. As conditioned, adequate security lighting would be provided within the site and along EI Camino Real during the non- operating hours of the garden center. As conditioned, a pedestrian sidewalk would connect the front entry to the side entry to the south, which would provide for pedestrian safety at the southwest corner of the site. K. That the establishment of the proposed garden center with outdoor sales, under the circumstances of this case, will not 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: As proposed, the hours of operation are compatible with the commercial and residential uses in proximity to the site. In addition, the proposed site for the garden center is separated by ninety (90) feet from residential uses to the east and more than 220 feet from residential uses to the south. As conditioned, outdoor display along EI Camino Real would be limited to plants and decorative items. Storage of bulk products visible from EI Camino Real will be prohibited. Resolution No. 3881 Page 4 K. As conditioned, the alley driveway on Main Street would be replaced to comply with current Federal American with Disabilities Act (ADA) requirements. M. The project is Categorically Exempt pursuant to Section 15332, Class 32 of Title 14, Chapter 3, of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Planning Commission hereby approves Design Review 03-008 and Conditional Use Permit 03-007 to establish a garden center with a 6,400 square foot building and 41,007 square feet of outdoor sales area and the required number of parking spaces through approval of a parking demand analysis located at 505 EI Camino Real (Parcel 1 of Tentative Parcel Map 2003-131), 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 14 th day of July, 2003. LINDA C. JENNINGS Chairperson ELIZABETH A. BINSACK Planning Commission Secretary 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 Planning Commission of the City of Tustin, California; that Resolution No. 3881 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 14 th day of July, 2003. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A CONDITIONS OF APPROVAL RESOLUTION 3881 JULY 14, 2003 (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped July 14, 2003, 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 or conditions of approval if such modifications are consistent with provisions of the Tustin City Code. (1) 1.2 This approval shall become null and void unless substantial construction is underway within twelve (12) months of the date of this Exhibit. The project, including the commercial buildings and self -storage buildings, shall be implemented in one (1) phase, as proposed by the applicant. Building permits for the commercial buildings shall be issued prior to or concurrent with the building permits for the self -storage facility, and all inspections for the commercial buildings shall be completed prior to completion of inspections for the self -storage buildings. In addition, the Certificate of Use and Occupancy for the commercial buildings shall be issued prior to issuance of the Certificate of Use and Occupancy for the self -storage buildings. Time extensions may be granted if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.3 All conditions in this Exhibit shall be complied with as specified, subject to review and approval by the Community Development Department. (1) 1.4 Approval of Design Review 03-008 and Conditional Use Permit 03-007 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) STANDARD CONDITION (5) RESPONSIBLE AGENCY (2) CEQA MITIGATION REQUIREMENTS (3) UNIFORM BUILDING CODE/S (6) LANDSCAPING GUIDELINES (4) DESIGN REVIEW (7) PC/CC POLICY *** EXCEPTIONS Exhibit A Resolution No. 3881 July 14, 2003 Page 2 (1) 1.5 As a condition of approval of Design Review 03-008 and Conditional Use Permit 03-007, prior to issuance of a building permit, 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 defense of any such action under this condition. (***) 1.6 Conditional Use Permit 03-007 may be reviewed annually or more often, if deemed necessary by the Community Development Department, to ensure compatibility with the area and compliance with the conditions contained herein. (***) 1.7 A request for amendment of Conditional Use Permit 96-003 for the strawberry stand shall be submitted by the property owner and approved by the Zoning Administrator prior to issuance of a building permit for the garden center. (3) 2.1 At the time of building permit application, the plans shall comply with the latest adopted codes, City Ordinances, and State and Federal laws and regulations. The City is currently using the 2001 California Building Code (CBC), 2001 California Mechanical Code (CMC), 2001 California Plumbing Code (CPC), 2001 California Electrical Code (CEC), California Title 24 Accessibility Regulations, and Title 24 Energy Regulations. (1) 2.2 Building plan check submittal shall include the following: • Seven (7) sets of construction plans, including drawings for mechanical, plumbing, and electrical. • Two (2) copies of structural calculations. • Two (2) copies of Title 24 energy calculations. • Elevations that include all proposed dimensions, materials, colors, finishes. • Roofing material shall be fire rated class "B" or better. • Note on plans that no field changes shall be made without prior approval from the Building Official and architect or engineer of record. • Details of rooftop equipment that are installed at least six (6) inches below the parapet so the equipment is not visible from the public right- of-way or adjacent properties. Exhibit A Resolution No. 3881 July 14, 2003 Page 3 Details of all proposed lighting fixtures and a photometric study showing the location and anticipated pattern of light distribution of all proposed fixtures. A letter of acceptance from Federal Disposal for location of the proposed trash enclosures. All trash enclosures shall be constructed in accordance with the City's standard detail and the requirements of Federal Disposal and shall be adequately screened. (3) 2.3 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 with the 2001 California Plumbing Code Chapter four (4) Table 4-1 as per type of group occupancy, or as approved by the Building Official. (3) 2.4 Openings in exterior walls shall not be permitted fewer than five (5) feet from property lines, 2001 California Building Code (Table 5A). (3) 2.5 Vehicle parking, primary entrance to the building, the primary paths of travel, cashier space, sanitary facilities, drinking fountain, and public telephones shall be accessible to persons with disabilities. (3) 2.6 Parking for disabled persons shall be provided with an additional five (5) 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 (1) accessible space shall be van accessible served by a minimum 96 - inch wide loading area. (3) 2.7 An area analysis shall be submitted for all buildings. Submitted plans shall demonstrate compliance with allowable floor areas based on 2001 California Building Code Chapter 5, Table 5-B. (1) 2.8 Four (4) sets of final grading plans consistent with the site and landscaping plans as prepared by a registered civil engineer shall be submitted and shall include the following: Technical details and plans for all utility installations including telephone, gas, water, and electricity. Three (3) copies of a precise soils report (less than one (1) year old) provided by a civil engineer. Expanded information regarding the levels of hydrocarbons and ground water contamination found on-site shall be provided in the soils report. All pavement "R" values shall be in accordance with applicable City of Tustin standards. • All site drainage shall be handled on-site and shall not be permitted to drain onto adjacent properties. • Two (2) copies of Hydrology Report. Exhibit A Resolution No. 3881 July 14, 2003 Page 4 (1) 2.9 The engineer of record shall submit a final compaction report to the Building Division for review and approval prior to the issuance of a building permit. (1) 2.10 The engineer of record shall submit a pad certification to the Building Division for review and approval prior to the issuance of a building permit. (1) 2.11 A surety/cash bond will be required to assure work is completed in accordance with approved plans prior to permit issuance. The engineer's estimated cost of the grading, drainage, and erosion control shall be submitted to the Building Official for determination of the bond amount. (1) 2.12 Prior to issuance of any permits, the applicant shall submit for approval by the Community Development and Public Works Departments a Water Quality Management Plan (WQMP) specifically identifying Best Management Practices (BMPs) that will be used on-site to control predictable pollutant run-off. This WQMP shall identify the structural and non-structural measures specified detailing implementation of BMPs whenever they are applicable to the project; the assignment of long-term maintenance responsibilities (specifying the developer, parcel owner, maintenance association, lessee, etc.); and, reference to the location(s) of structural BMPs. (1) 2.13 Prior to submittal of a Water Quality Management Plan (WQMP), the applicant shall submit a deposit of $2,700 for the estimated cost 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 any additional review cost that exceeded the deposit prior to issuance of grading permits. Any unused portion of the deposit shall be refunded to the applicant. (1) 2.14 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) 2.15 The Community Development and Public Works Departments shall determine whether any change in use requires an amendment to an approved Water Quality Management Plan. (1) 2.16 Prior to issuance of grading permits, the applicant shall submit a copy of the Notice of Intent (NOI) indicating that coverage has been obtained under the National Pollutant Discharge Elimination System (NPDES) State General Permit for Storm Water Discharges Associated with Construction Activity from the State Water Resources Control Board. Evidence that the NOI has been obtained shall be submitted to the Building Official. In addition, the applicant shall include notes on the Exhibit A Resolution No. 3881 July 14, 2003 Page 5 grading plans indicating that the project will be implemented in compliance with the Statewide Permit for General Construction Activities. (1) 2.17 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 through 23 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) 2.18 A variety of best management practices including BMP Nos. 1 through 18 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) 2.19 Prior to issuance of grading permits, the applicant shall post with the Community Development Department a minimum $2,500 cash deposit to guarantee the sweeping of streets, and adherence with the water quality standards and construction hours affected by construction activities. In the event this deposit is depleted prior to completion of development, an additional incremental deposit will be required. (1) 2.20 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) 2.21 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 any debris is deposited within the right-of-way or adjacent property, the applicant shall be responsible for removing the material immediately. (1) 2.22 A note shall be provided on final plans that a six (6) foot high chain link fence shall be installed around the site prior to building construction stages. A nylon fabric or mesh shall be attached to the temporary construction Exhibit A Resolution No. 3881 July 14, 2003 Page 6 fencing. Gated entrances shall be permitted along the perimeter of the site for construction vehicles. (1) 2.23 Pursuant to the City of Tustinnis 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 less 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. (1) 2.24 The applicant shall comply with all City policies regarding short-term construction emissions, including periodic watering of the site and prohibiting grading during second stage smog alerts and when wind velocities exceed 15 miles per hour. (3) 2.25 All new glass doors and windows, in or adjacent to doors, shall be tempered in accordance with the 2001 California Building Code Section 2406.4. (***) 2.26 Authorization of all easement holders shall be provided prior to issuance of a rough grading permit. (1) 2.27 A trash bin with surrounding enclosure shall be located on the property and maintained to avoid health issues for neighboring commercial and residential areas. An adequate size trash enclosure with solid metal, self- closing, self -latching gates shall be provided. Said enclosure shall be screened by a solid decorative wall consistent with the building's material and finish and a minimum height of six (6) feet. The actual location of the enclosure and types of screening and details of the enclosure shall be submitted at building plan check and are subject to approval by the Community Development Department. The location of the bin, size, and quantity shall be reviewed and accepted in writing by Federal Disposal Service. (4) 3.1 The 6,400 square foot building shall be located a minimum of twenty (20) feet from the front property line with storefront windows along EI Camino Real. The EI Camino Real facade shall incorporate design features and materials used in other brick buildings in Old Town Tustin subject to review and approval of the Community Development Department. All approved colors and materials shall be submitted for Building Permit Plan Check, subject to review and approval by the Community Development Department at final inspection. (4) 3.2 The proposed wood trellis structures, pilasters, and wrought iron fencing shall be eliminated from the EI Camino Real facade. All wood trellis structures shall be located on the rear or side of the building facing Exhibit A Resolution No. 3881 July 14, 2003 Page 7 parking areas. No shade structure other than canvas awnings shall be installed on the EI Camino Real fagade. (4) 3.3 Brick pilasters and wrought iron fencing shall be revised with simplified used brick pilasters and wood or simulated wood fencing subject to review and approval of the Community Development Department. (4) 3.4 Specifications and details of the exterior door/storefront, windows, awnings, trellis structure, building parapet, and cornices shall be provided for review and approval of the Community Development Department. (4) 3.5 All ground- and wall -mounted mechanical and electrical fixtures and equipment shall be adequately and decoratively screened. All telephone and electrical boxes shall be indicated on the building plans and shall be completely screened. Electrical transformers shall be located toward the interior of the project, maintaining sufficient distance to minimize visual impacts from the public right-of-way. (4) 3.6 A sidewalk shall be provided from EI Camino Real to the side entrance to facilitate pedestrian access to the project. (4) 3.7 All exposed metal flashing or trim shall be painted to match the building. (4) 3.8 No exterior down spouts or roof scuppers shall be permitted. All roof drains shall utilize interior piping, but may have exterior outlets at the base of buildings. (4) 3.9 All building mounted signs shall be designed to complement the building design, colors, and materials. Plans for all signs shall be submitted to the Community Development Department for review and approval. (4) 3.10 Sign permits shall not be issued until a Certificate of Occupancy is issued and the tenant obtains zoning clearance and a business license. (2) 3.11 Parking lot and building lighting shall be designed to provide a minimum one (1) foot candle illumination in accordance with the City's Security Code. 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 for review and approval of the Community Development Department. All new light fixtures shall be designed with the architecture of the building and designed and arranged as not to direct light or glare onto adjacent properties. (1) 4.1 Complete landscape and irrigation plans that comply with the City of Tustin Landscape and Irrigation Guidelines shall be submitted at plan check. An irrigation plan shall be submitted which shows the location and Exhibit A Resolution No. 3881 July 14, 2003 Page 8 control of backflow prevention devices at the meter, pipe size, sprinkler type, spacing, and coverage details for all equipment including efficient irrigation systems which minimize runoff and evaporation and maximize the amount of water which will reach the plant roots. Drip irrigation, soil moisture sensors, and automatic irrigation systems shall be used to increase irrigation efficiency. (2) 4.2 There shall be a minimum of six (6), 24 -inch box Carrotwood trees and five (5), 36 -inch box Crape Myrtle trees subject to field inspection by the Community Development Department. (***) 4.3 Existing avocado and citrus trees along the Main Street alley shall be trimmed to meet the minimum clearance requirements for emergency access by Orange County Fire Authority. The garden center shall provide a minimum of forty-four (44) on-site parking spaces. Any change to the square footage shall be submitted to the Community Development Department for review and approval. Preparation of a new parking study or a traffic study may be required as deemed necessary by staff if parking or circulation problems arise in the future. Additional parking may need to be provided on the adjoining parcels 2, 3, or 4. (***) 5.2 The entire site shall be maintained from trash and stray carts at all times. All carts shall be stored in a designated area within the retail center and away from the parking areas. (2) 5.3 Trash pickups at the project site shall not occur during the hours of 10:00 p.m. to 7:00 a.m. (2) 5.4 Operating hours of the garden center shall be limited to the proposed hours of 8:00 a.m. to 6:30 p.m. Any change to the hours of operation or operational standards shall be submitted to the Community Development Department for review and approval. (2) 5.5 Exterior public address systems and buzzers shall be prohibited. (1) 5.6 Outdoor display along EL Camino Real shall be limited to potted plants maintained in a healthy condition and other decorative items. Storage of bulk products such as packaged soil, fertilizers, clay, and plastic containers visible from EI Camino Real shall be prohibited. Exhibit A Resolution No. 3881 July 14, 2003 Page 9 (2) 5.7 Truck delivery hours shall be scheduled for non -peak hours of the garden center as determined by the submitted parking analysis. To facilitate on- site circulation, the garden center shall notify exit routes for truck deliveries and direct moving trucks not to interfere with customer traffic. (***) 5.8 A minimum five (5) footcandle storefront lighting shall be provided during non-operating hour of the garden center. (1) 5.9 All plant materials shall be installed in a healthy and vigorous condition, typical to the species, and shall be maintained in a neat and healthy condition. Maintenance includes, but is not limited to, support structures (trellis, etc.), trimming, mowing, weeding, removal of litter, fertilizing, regular watering, and replacement of dead or diseased dying plants. Unhealthy or dead trees/plants shall be replaced within seventy-two (72) hours upon notification by the City. (1) 5.10 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) 5.11 All ancillary uses other than proposed for the garden center shall be approved by the Community Development Department. (1) 6.1 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. Said plan shall include, but not be limited to, the following: • Curb and gutter; • Sidewalk, including curb ramps for the physically disabled; • Drive aprons; and • Landscape/irrigation. In addition, a 24 -inch by 36 -inch reproducible construction area traffic control plan, as prepared by a California Registered Traffic Engineer or Civil Engineer experienced in this type of plan preparation, will be required. (1) 6.2 The applicant shall replace the alley driveway on Main Street to comply with current Federal American with Disabilities Act (ADA) requirements. Exhibit A Resolution No. 3881 July 14, 2003 Page 10 (1) 6.3 Prior to issuance of a rough grading permit, preparation of a sedimentation and erosion control plan for all work related to this development will be required. (1) 6.4 All drive aprons shall be designed in accordance with the current Federal Americans with Disabilities Act (ADA) requirements. The maximum cross slope of the sidewalk shall be two (2) percent and the maximum ramp slope of the drive apron shall be ten (10) percent. (1) 6.5 Permission from property owners shall be required for any work located on adjacent properties. (***) 6.6 Prior to issuance of a precise grading permit, a complete hydrology study and hydraulic calculations shall be submitted for review and approval by the City. (1) 6.7 Prior to issuance of a grading permit, preparation of plans for and construction of the following shall be required: A. All sanitary sewer facilities shall be submitted as required by the City Engineer and local sewering agency. B. A domestic water system shall be designed and installed to the standards of the City of Tustin Water Services Division. Plans shall also be reviewed and approved by the Orange County Fire Authority for fire protection purposes. The adequacy and reliability of the water system design and the distribution of fire hydrants will be evaluated. The water distribution system and appurtenances shall also conform to the applicable laws and adopted regulations enforced by the Orange County Health Department. Any required reclaimed water system shall meet the standards as required by the City of Tustin Water Services Department. Release/approval from East Orange County Water District shall be obtained prior to receiving water service. (1) 6.8 Prior to issuance of precise grading permit, 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 is required: a) Final street elevations at key locations. b) 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. c) All flood hazards of record. Exhibit A Resolution No. 3881 July 14, 2003 Page 11 (1) 6.9 Existing sewer, domestic water, reclaimed water, and storm drain service laterals shall be utilized whenever possible. (1) 6.10 Layout, location and sizes of new water service lines and meters, fire service lines, backflow devices, control valves, easements and connections to the City of Tustin water service distribution system shall be approved by the City of Tustin. (1) 6.11 Backflow prevention devices shall be installed in accordance with applicable standards and codes and shall be installed within an easement of suitable size to allow for unobstructed access, inspection, testing, and maintenance. (1) 6.12 Any damage done to existing street improvements and utilities shall be repaired before acceptance of the tract and/or issuance of a Certificate of Occupancy for the development on any parcel within the subdivision. (2) (1) 6.13 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) 6.14 In addition to the normal full-size plan submittal process, all final development plans including, but not limited to: parcel maps, records of survey, public works improvements, private infrastructure improvements, final grading plans, and site plans are also required to be submitted to the Public Works Department/Engineering Division in computer aided design and drafting (CADD) format. The standard file format is AutoCad Release 14 or 2000 having the extension DWG. Likewise, layering and linetype conventions are AutoCad-based (latest version available upon request from the Engineering Division). 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 release until the "as built" CADD files have been submitted. (1) 6.15 The Project Applicant/Contractor shall submit and obtain approval from the Public Works Department of a Project Recycling Plan prior to the issuance of any grading, encroachment, or building permit. The Project Recycling Plan shall demonstrate recovery and recycling of at least fifty (50) percent of the total waste generated by the project and shall consist of the following components: In a narrative form, describe efforts which will be utilized to minimize the generation of waste during project construction; Exhibit A Resolution No. 3881 July 14, 2003 Page 12 Provide an estimate of the total amount of waste to be generated for the entire duration of project construction; Provide an estimate of the total amount of recyclable materials generated by project construction, identified by recyclable material type; Identify waste hauler(s) to be utilized during project construction. Please note that the City has an exclusive waste collection franchise with Federal Disposal Service of Santa Ana. No other haulers are to be utilized pursuant to City Code Section 4322; Identify recyclable material processing facilities which will be utilized to process materials generated by project construction; Demonstrate that no waste generated by the project will be sent directly to any landfill; Prior to the final inspection or issuance of a Certificate of Occupancy, submit a final report to the Public Works Department detailing actual quantities of the items listed above as well as a narrative summary of the recycling efforts implemented during the project; Prior to issuance of a building permit, the applicant is required to submit recycling plans to the Public Works Department for each project tenant which demonstrates recycling or diversion from landfills of at least fifty (50) percent of the total waste anticipated to be generated by each tenant; and, Prior to issuance of any grading, encroachment, or building permit, applicant is required to submit waste trash enclosure plans to the Public Works Department which demonstrate the provision of the adequate physical space to accommodate all planned tenant recycling programs. (1) 6.16 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. (4) 7.1 Prior to the issuance of any grading permits, the applicant shall submit a fire hydrant location plan to the Fire Chief for review and approval. (4) 7.2 Prior to the issuance of any certificate of use and occupancy, all fire hydrants shall have a blue reflective pavement marker indicating the hydrant location on the street as approved by the Fire Chief and must be maintained in good condition by the property owner. Please contact the OCFA at (714) 744-0499 or visit the OCFA website for a copy of the "Guideline for Installation of Blue Dot Hydrant Markers." Exhibit A Resolution No. 3881 July 14, 2003 Page 13 (4) 7.3 Prior to the issuance of building permits, 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 to the Fire Chief for approval. If sufficient water to meet fire flow requirements is not available, an automatic fire extinguishing system may be required in each structure affected. (4) 7.4 Prior to the recordation of a subdivision map of issuance of a building permit, a note shall be placed on the map stating that all commercial structures exceeding 6,000 square feet and all structures exceeding fire department access requirements shall be protected by an automatic fire sprinkler system in a manner meeting the approval of the Fire Chief. (4) 7.5 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 Fire Chief for review and approval. The sprinkler system shall include the trellis structure area. Please contact the OCFA at (714) 744-0499 to request a copy of the "Orange County Fire Authority Notes for New NFPA 13 Commercial Sprinkler Systems." (4) 7.6 Prior to the issuance of a certificate of use and occupancy, the sprinkler system shall be operational in a manner meeting the approval of the Fire Chief. (4) 7.7 A note shall be placed on the fire protection access easement plan indicating that all street/road signs shall be designed and maintained to be either internally or externally illuminated in a manner meeting approval of the Fire Chief. (4) 7.8 Prior to the issuance of any building permits, the applicant shall obtain the approval from the Fire Chief for the construction of any gates across required fire department access to the building. Two additional gates for emergency access shall be required at the northwest corner of property and at the southeast corner of the building for emergency access and firefighting purposes. Please contact the OCFA at (714) 744-0499 or visit the OCFA website to obtain a copy of the "Guidelines for Design and Installation of Emergency Access Gates and Barriers." (4) 7.9 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 all-weather fire protection access roads shall be in place and operational before any combustible material is placed on site. Building permits will not be issued without OCFA approval obtained as a result of an on-site inspection. Please contact the OCFA at (714) 744- 0499 to obtain a copy of the standard combustible construction letter. Exhibit A Resolution No. 3881 July 14, 2003 Page 14 (4) 7.10 Prior to the issuance of a building permit, the applicant shall submit to the Fire Chief a list of all hazardous, flammable and combustible liquids, solids or gases to be stored, used, or handled on-site. These materials shall be classified according to the Uniform Fire Code and a document submitted to the Fire Chief with a summary sheet listing the totals for storage and use for each hazard class. Please contact the OCFA at (714) 744-0499 or visit the OCFA website to obtain a copy of the "Guideline for Completing Chemical Classification Packets." (4) 7.11 Prior to the issuance of a building permit, the applicant shall complete and submit to the Fire Chief a copy of a "Hazardous Materials Disclosure Chemical Inventory and Business Emergency Plan" packet. Please contact the OCFA Hazardous Materials Services Section at (714) 744- 0463 to obtain a- copy of the packet. (4) 7.12 Prior to the issuance of a building permit, the applicant shall submit architectural plans for the review and approval of the Fire Chief if required per the "Orange County Fire Authority Plan Submittal Criteria Form." Please contact the OCFA at (714) 744-0499 for a copy of the Site/Architectural Notes to be placed on the plans prior to submittal. (4) 7.13 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. Please contact the OCFA at (714) 744-0499 or visit the OCFA website to obtain a copy of the "Guideline for New and Existing Fire Alarm Systems." (1) 8.1 Prior to issuance of any building permits, payment shall be made of all applicable fees, including but not limited to, the following. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. Based on the Old Town Non-residential Fee Waiver Policy, City development review fees and permit fees for the first $100,000 in construction valuation (except other agency fees) for development in Old Town Tustin can be waived. Fees to be waived are collected at Planning and Building Plan Check review stage and can be reimbursed upon obtaining a building permit. a) Building Division plan check and permit fees to the Community Development Department based on the most current schedule. b) Orange County Fire Authority plan check and inspection fees to the Community Development Department based upon the most current schedule. Exhibit A Resolution No. 3881 July 14, 2003 Page 15 c) Payment of the Major Thoroughfare and Bridge Fees to the Tustin Public Works Department at the time a building permit is issued. As of July 1, 2003, the fee is $3.37 per square foot of the building. d) Payment of the Orange County Sanitation District No. 7 Sewer Connection Fees at the time a building permit is issued. The current fee is $ 675/1,000 square foot of the building. e) East Orange County Water District fee, as established by the district for single family residential. Proof of payment shall be provided to Tustin Public Works Department (Water Division) prior to domestic water connection. f) Transportation System Improvement Program (TSIP) Benefit Area "A" fees in the amount of $5.53 per square feet of new or added gross square floor area of construction or improvements to the Community Development Department. g) School facilities fee to the Tustin Unified School District subject to any agreement reached and executed between the District and the applicant. The current fee for commercial development is $0.33 per square foot. h) New development fees in the amount of $0.10 per square foot of gross floor area paid to the Community Development Department. i) 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 forty-three dollars ($43.00) 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.