HomeMy WebLinkAbout03 CUP 01-025 DR01-031 Ext.Report to the
ITEM#3
Planning Commission
DATE:
AUGUST 25, 2003
SUBJECT:
CONDITIONAL USE PERMIT 01-025
AND DESIGN REVIEW 01-031
APPLICANT/
PROPERTY OWNER:
THOMAS SALTARELLI ON BEHALF OF
THE CHURCH AT TUSTIN RANCH
LOCATION:
LOT 7 OF TRACT 12780 LOCATED ON THE NORTHEAST
CORNER OF RAWLINGS WAY AND TUSTIN RANCH
ROAD
ZONING:
EAST TUSTIN SPECIFIC PLAN - COMMUNITY FACILITY
ENVIRONMENTAL
STATUS:
A NEGATIVE DECLARATION WAS PREPARED IN
ACCORDANCE WITH THE PROVISIONS OF THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
FOR THE PROPOSED DEVELOPMENT.
REQUEST:
TO AMEND CONDITION 1.3 OF PLANNING COMMISSION
RESOLUTION NO. 3806 TO EXTEND THE EXPIRATION OF
APPROVALS OF CONDITIONAL USE PERMIT 01-025 AND
DESIGN REVIEW 01-031 WHICH AUTHORIZED THE
CONSTRUCTION OF A 14,500 SQUARE FOOT CHURCH
FACILITY
RECOMMENDATION
That the Planning Commission:
1. Adopt Resolution No. 3892 approving the environmental documentation for the
project.
Adopt Resolution No. 3893 extending the approval of Conditional Use Permit
01-025 and Design Review 01-031 for six (6) months and adding pertinent
conditions of approval.
Planning Commission Report
CUP 01-025 and DR 01-031 (Extension)
August 25, 2003
Page 2
BACKGROUND AND DISCUSSION
The project site is approximately a four (4) acre vacant parcel and is located on Lot 7 of
Tract 12870 located at the northeast corner of Tustin Ranch Road and Rawlings Way. The
project site is surrounded by residential developments to the east and west, the Tustin
Ranch Road right-of-way to the south, and Ladera Elementary School to the north
(Attachment A - Location Map).
On October 8, 2001, the Planning Commission approved Conditional Use Permit 01-025
and Design Review 01-031 which authorized the construction of a 14,500 square foot
church facility that includes: 3,900 square feet for the sanctuary, 3,200 square feet of office
space, and 4,467 square feet of Sunday school/Bible study classrooms. (Attachment B -
Site Plan/Floor Plan).
On April 8, 2003, these project approvals expired. Grading plans were submitted, the
plans were never completed, and ultimately the plans expired. After the entitlements
expired, the applicant filed an extension request (Attachment D). Although technically the
request was not made prior to the project's expiration, staff could support a six (6) month
extension with the addition of conditions related to hours of operation and storm water
discharges.
Subsequent to the Church's approval and to expiration of the entitlements, the Ladera
Elementary School has been operational, and the City has been required to adopt Water
Pollution Control Ordinances to comply with State and Federal standards. To use the
existing Negative Declaration prepared for the project and to ensure that there would be
no new environmental impacts, these conditions are necessary.
Elizabeth A. Binsack
Community Development Director
Attachments:
B.
C.
D.
E.
F.
Location Map
Submitted Plans
Resolution No. 3806
Extension Request letter dated July 17, 2003
Resolution No. 3892
Resolution No. 3893
PC Reports:CUP01-025 (extension)
ATTACHMENT A
Location Map
LOGATiwN
CUPOI-O?-CJ;
D,I OI - ODI
ATTACHMENT B
Submitted Plans
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ATTACHMENT C
Resolution No. 3806
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RESOLUTION NO. 3806
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TUSTIN, APPROVING CONDITIONAL USE
PERMIT 01-025 AND DESIGN REVIEW 01-031 TO
AUTHORIZE THE CONSTRUCTION OF A 14,500 SQUARE
FOOT CHURCH FACILITY WHICH INCLUDES A 3,900
SQUARE FOOT SANCTUARY, SUNDAY SCHOOL/BIBLE
STUDY CLASSROOMS, OFFICES, AND RELATED SITE
IMPROVEMENTS ON THE PROPERTY IDENTIFIED AS
LOT 7 OF TRACT 12870, LOCATED ON THE NORTHEAST
CORNER OF TUSTIN RANCH ROAD AND RAWLINGS
WAY.
The Planning COmmission of the. City of Tustin does hereby resolve as
follows:
I. The Planning Commission finds and determines as follows:
That a proper application for Conditional Use Permit 01-025
and Design Review 01:031 was filed by Dr. Chades Lambert
for The Chumh at Tustin Ranch, requesting authorization to
construct a 14,500 square foot chumh facility which includes a
sanctuary, classrooms, offices, and related site improvements
on the property identified as Lot 7 of Tract 12870, located on
the northeast comer of Tustin Ranch Road and Rawlings
Way.
That the church use is conditionally permitted pursuant to
Section 3.6.2 of the East Tustin Specific Plan.
That the proposed use is consistent with the General. Plan
land use designation "Planned Community Residential"
which provides for public and institutional facilities such as
churches. 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.
Do
That a public hearing was duly called, noticed, and held on
said application on October 8, 2001, by the Planning
Commission.
Eo
That the establishment, maintenance, and operation of the
use applied for will not, under the circumstances of this case,
be detrimental to the health, safety, morals, comfort, or
general welfare of the persons residing or working in the
neighborhood of such proposed use, nor be injurious or
detrimental to the property and improvements in the
neighborhood of the subject property, or to the general
welfare of the City of Tustin; as evidenced by the following
findings:
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Resolution No. 3806
Conditional use Permit 01-025 & Design Review 01-031
October 8, 2001
Page 2
1)
2)
3)
4)
5)
6)
7)
The proposed church use is compatible with the
surrounding uses in that the sanctuary, classrooms,
and offices support the church use which is
conditionally permitted within the "Community Facility"
designation of the East Tustln Specific Plan.
Traffic within the surrounding area will not be
significantly impacted by the proposed church use
since the peak hours for the church use will occur on
Sundays and weeknights and will not conflict with the
traffic generated from the adjacent elementary school.
The proposed church office use that will be in
operation during the elementary school hours will not
impact the Level of Service on Rawlings Way or
Tustin Ranch Road.
As conditioned, the use will not have a negative effect
on the surrounding property owners or impact the
availability of off-street parking in that the required
parking is satisfied by the required 241 off-street
parking spaces.
As conditioned, the use of 50 compact spaces as
required parking will not have a negative effect on the
surrounding property owners or impact the use of the
off-street parking spaces.
As conditioned, the proposed church use is not
anticipated to create any noise, parking, or traffic
impacts and the hours of operation will be limited to
8:00 a.m. to 9:00 p.m. daily.
As conditioned, the design of the proposed building is
compatible with the style of the surrounding residential
neighborhoods and the mass is consistent with other
community buildings within the East Tustin Specific
Plan area. The proposed facility will not be a detriment
to the public health, safety, welfare, or aesthetics of the
community.
As conditioned, the proposed lighting will not produce
excessive light or glare or have a negative impact on
the adjacent properties and will not be a detriment to
the public health, safety, welfare, or aesthetics of the
community.
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Resolution No. 3806
Conditional use Permit 01-025 &Design Review 01-031
October 8, 2001
Page 3
8)
The proposed vegetation and screen walls will provide
a buffer between the adjacent residential properties,
school site, and public right-of-way reducing any visual
impacts of the site and ensuring that the proposed
facility will not be a detriment to the public, health,
safety, welfare, or aesthetics of the community.
9)
The proposed hours of operation are appropriate for
the area. The proposed uses do not include using the
facility for any type of 24-hour function that might
generate excessive noise and traffic during late nights
and early momings.
Pursuant to Section 9272 of the Tustin Municipal Code, the
Planning Commission finds that the location, size,
architectural features, and general appearance of Design
Review 01-031, as conditioned, will not impair the orderly and
harmonious development of the area, the present or future
development therein, or the occupancy as a whole. In making
such findings, the Commission has considered at least the
following items:
1. Height, bulk and area of buildings.
2. Setbacks and site planning.
3. Exterior materials and colors.
4. Type and pitch of roofs.
5.. Size and spacing of windows, doors, and other
openings.
Towers, chimneys, roof structures, flagpoles, radio and
television antennae.
7. Landscaping, parking area design, and traffic
circulation.
8. Location, height and standards of exterior illumination.
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.
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Resolution No. 3806
Conditional use Permit 01-025 & Design Review 01-031
October 8, 2001
Page 4
II.
12.
Appearance an,d design relationship of proposed
structures to. existing structures and possible future
structures m the neighborhood and public
thoroughfares.
13. Development Guidelines and criteria as adopted by the
City Council.
That the project has been reviewed for compliance with the
Americans with Disabilities Act of 1990, and it has been
determined that dedications of right-of-way to accommodate a
four (4) foot wide sidewalk behind the drive apron are
necessary for compliance with the requirements of the ADA.
A Final Negative Declaration has been adopted for this project
in accordance with the provisions of the California
Environmental Quality ACt (CEQA).
The Planning Commission hereby approves Conditional Use Permit
01-025 and Design Review 01-031 authorizing the construction of a
14,500 square foot chumh facility which includes a sanctuary,
offices, Sunday school/Bible study classrooms, and related site
improvements on the property identified as Lot 7 of Tract 12870,
located on the northeast comer of Tustin Ranch Road and Rawlings
Way, subject to the conditions contained within Exhibit A, attached
hereto.
PASSED AND ADOPTED by the ~Planning Commission of the City of Tustin
at a regular meeting held On the 8~' day. of October, 2001.
LESLIE A. PONTIOUS
Chairperson
ELIZABETH A. BINSACK
Planning Commission Secretary
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Resolution No. 3806
Conditional use Permit 01-025 & Design Review 01-031
October 8, 2001
Page 5
STATE OF CALIFORNIA )
COUNTYOF ORANGE )
CITY OF TUSTIN )
I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the
Recording Secretary of the Planning Commission of the City of Tustin,
California; that Resolution No. 3806 passed and adopted at a regular
meeting of the Tustin Planning Commission, held on the 8th day of October,
2001.
Planning Commission Secretary
EXHIBIT A
RESOLUTION NO. 3806
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT 0t-025 AND DESIGN REVIEW 0t-O31
(1)
(1)
1.1
1.2
1.3
The proposed use shall substantially conform with the submitted plans for
the project date stamped October 8, 2001, 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 found to be consistent
with the provisions of the Tustin City Code and other applicable codes.
(1) 1.4
Unless otherwise specified, the conditions contained in this Exhibit shall be
complied with as specified or prior to the issuance of any building permits
for the project, subject to review and approval by the Community
Development Department.
(1)
The subject project approval shall become null and void unless permits for
the proposed project are issued and substantial construction is underway
within eighteen (18) months of the date of this Exhibit. Time extensions
may be considered if a written request is received by the Community
Development Department within thirty (30) days prior to expiration.'
Approval of Conditional Use Permit 01-025 and Design Review 01-031 is
contingent upon the applicant and property owner signing and returning to
the Community Development Department within seven (7) days of approval,
a notarized "Agreement to Conditions Imposed" form and the property
owner signing and recording with the County Clerk-Recorder a notarized
"Notice of Discretionary Permit Approval and Conditions of Approval" form
within seven (7) days of approval. The forms shall be established by the
Director of Community Development, and evidence of recordation shall be
provided to the Community Development Department.
The applicant shall hold harmless and defend the City of Tustin from all
claims and liabilities arising out of a challenge of the City's approval of this
project.
(1) STANDARD CONDITION
REQUIREMENT
(2) CEQA MITIGATION
(3) UNIFORM BUILDING CODE/S
(4) DESIGN REVIEW
(5) RESPONSIBLE AGENCY
(6) LANDSCAPING GUIDELINES
(7) PC/CC POLICY
*** EXCEPTION
Exhibit A
Resolution 3806
October 8, 2001
Page 2
(1)
1.6 Any violation of any of the conditions imposed is subject to the imposition of
a civil penalty of $100.00 for each violation and each day the violation
exists.
(1) '1.7 The applicant shall be responsible for costs associated with any necessary
code enforcement action.
(1) 1.8
Conditional Use Permit 01-025 may be reviewed on an annual basis, or
more often if necessary, by the Community Development Director. The
Community Development Director shall review the use to ascertain
compliance with conditions of approval. If the use is not operated ..in.
accordance with Conditional Use Permit 01-025,' or is found"~,to.'~be a
nuisance or negative impacts are affecting the surrounding neighborhood,
the Community Development Director shall impose additional conditions to
eliminate the nuisance or negative impacts, or may initiate proceedings to
revoke the Conditional Use Permit.
(***) 1.9 Prior to construction of Phase II, separate Conditional Use Permit and
Design Review entitlements shall be obtained.
(1) 2.1
Exiting shall comply with the requirements of Chapter 10 of the 1998
California Building Code.
(1) 2.2
Provide complete details for accessible paths of travel for persons with
disabilities throughout the site. Vehicle parking, the primary entrance to
the building, the primary paths of travel, sanctuary, offices, classrooms, all
sanitary facilities, the platform, drinking fountains, and public telephones
shall be accessible to persons with disabilities in accordance with Chapter
11-B of the 1998 CBC. 7:'
(1) 2.3
At plan check, submit seven (7) sets of construction plans, two (2) sets of
structural calculations and Title 24 energy calculations prepared by a
licensed engineer/architect. No field changes shall be made without
corrections submitted to and approved by the Community Development
Department.
(1) 2.4 Indicate on the title sheet the applicable codes, City, State, and Federal
laws and regulations to include:
· 1998 Uniform Building Code with California Amendments;
· 1998 Uniform Mechanical and Plumbing Codes with California
Amendments;
· 1998 National Electrical Code with California Amendments;
· California Title 24 Accessibility Regulations;
· Title 24 Energy Regulations;
Exhibit A
Resolution 3806
October 8, 2001
Page 3
(2) 2.5
(1) 2.6
(2) 2.7
(2) 2.8
· City of Tustin Grading and Security Ordinance;
· City of Tustin Landscaping and Irrigation Guidelines; and,
· City of Tustin Private Improvements Standards.
Submit four (4) sets of final excavating/grading plans consistent with the
site and landscape plans and three (3) Preliminary soils reports to the
Building Division for review and approval prior to the issuance of a grading
permit.
Submit preliminary technical details and all plans for all four (4) utility
nstallations including telephone gas water, and electricity. Add~?nally, a
note on the plans shall be included stating that no field change~'shall be
made without corrections submitted to and approved by the Building
Official.
Submit three (3) copies of the precise soils engineering report provided by
a civil engineer within the previous twelve .(12) months. Expanded
information regarding the levels of hydrocarbons and ground water
contamination found on site shall be provided in the submitted soils
report. All pavement "R" values shall be in accordance with applicable City
of Tustin standards.
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.
(2) 2.9 The.engineer of record shall submit a letter of pad.certification to the
Building Division for review and approval prior to the issuance of a
building permit.
(2) 2.'10 Drainage, vegetation, circulation, street' sections, curbs, ~gutters,
sidewalks, and storm drains shall comply with the on-site Private
Improvement Standards.
(2) 2.'11
(2) 2.12
All site drainage shall be handled on site and shall not be permitted to drain
onto adjacent properties.
All grading, drainage, vegetation, and circulation shall comply with the City
of Tustin Grading Manual. All construction activity shall comply with the
Tustin Grading Manual which requires frequent watering of the project site
to control dust. All street sections, curbs, gutters, sidewalks, lighting and
storm drains shall comply with on-site improvement standards. Any
deviations shall be brought to the attention of the Building Official and
request for approval shall be submitted in writing prior to any approval.
Exhibit A
Resolution. 3806
October 8, 2001
Page 4
(2) 2.13
(2) 2.14
(3) 2.15
(3) 2.16
(1) 2.17
(1) 2,t8
(4) 2.19
(1) 2.20
(1) 2.21
(1) 2,22
The applicant shall comply with all City and South Coast Air Quality
Management District policies regarding short-term construction emissions,
including periodic watering of the site and prohibiting grading dudng second
stage smog alerts and when wind velocities exceed fifteen (15) miles per
hour.
The plans submitted for plan' check shall indicate that the 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
1998 California Plumbing Code, Chapter 4, Table 4-1 as per type of group
occupancy, or as approved by the Building Official.
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 of a
96~inch wide loading area.
Two (2) exits are required from Sunday school/Bible study rooms with an
occupant load of more than six (6) children under the age of seven (7), per
Table 10-A of the 1998 California Building Code.
The location of any utility vents or other equipment shall be provided on a
roof plan.
A cross-section detail of the building shall be provided showing the
installation of the proposed rooftop equipment. Rooftop equipment shall be
installed and maintained so as not to be visible from public right-of-way
view.
The location of utility meters, gutters, and any ground- or building-mounted
equipment shall be illustrated on the plans. All equipment shall be
incorporated into the architecture. All downspouts shall be designed to be
internalized within the structure. All parapets shall be at least six (6) inches
above rooftop equipment for purposes of screening.
Details of the proposed windows and doors shall be provided in a schedule.
Roof material shall be barrel clay tile of a class "B" or better.
All exposed metal flashing or trim shall be anodized or painted compatible
with main buildings.
Exhibit A
Resolution 3806
October 8, 2001
Page 5
(2) 2.23
(2) 2.24
(2) 2.25
(1) 2.26
(2) 2.27
(1) 2.28
All exterior colors to be used shall be subject to the review and approval by
the Community Development Department. Sufficient articulation and quality
materials shall be required to articulate the intent of the design depicted on
the elevations. All exterior treatments must be coordinated with regard to
color, materials, and detailing and noted on all construction plans and
elevations submitted for Building Permit Plan Check.
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 fabdc or mesh shall be attached to the temporary, construction
fencing. Gated entrances shall be permitted along the perimeter of the site
for construction vehicles.
Provide a final lighting plan, including manufacturers details of proposed
fixtures, and a photometric study; Lighting installed on buildings shall be of
a decorative design, amhitecturally compatible with the fixtures on the
existing buildings. All lighting'shall be developed to provide a m!nimum of
one (1) footcandle of light coverage, in accordance with the City's Security
Code, and a maximum of 10 footcandles. The lighting plan shall identify the
location, type of fixture, and intensity of all exterior building-mounted and
free-standing lighting provided. Light fixtures shall not exceed 20 feet in
height and shall be arranged so that direct rays will not shine on adjacent
properties or produce glare for street traffic. A note "Lighting shall not
produce light or glare or have a negative impact on adjacent properties"
shall be added to the plan.
A surety/cash bond shall be required to assure work is completed in
accordance with approved plans. Bonds will be based upon the estimated
cost of the grading, drainage, and erosion control prior to the issuance of
a grading permit.
Information to ensure compliance with requirements of the Orange County
Fire Authority shall be provided. This includes required fire flow and
installation where required, fire hydrants subject to approval of the Fire
Authority, City of Tustin Public Works Department and the Irvine Water
District.
Pursuant to the City of Tustin's Security Ordinance and the Uniform Fire
Code, the street number 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.
Exhibit A
Resolution 3806
October 8, 2001
Page 6
(1) 2.29
Plans for the proposed trash enclosure shall be submitted to the
Community Development Department for review and approval. The trash
enclosure shall comply with Federal Disposal Services and City of Tustin
standards. A letter from Federal Disposal Services shall be provided
verifying approval of size, quantity, and location of the proposed trash
enclosure. Two (2).dumpsters shall be provided in the trash enclosure,
one dumpster for regular trash and one dumpster for recycle items. The
trash enclosure shall be enclosed by a solid decorative wall consistent
with the materials and finish of the main building. The maximum height of
the enclosure shall be six (6) feet with a solid metal, self-closing, self:
latching gate.
(1) 2.30
A note 'shall be provided on the plans that no field changes will be made
without prior approval from the Building Official, architect and engineer of
record.
(I) 2.31 No outdoor storage shall be permitted except as approved by the
Community Development Director.
(6) 3.1
The applicant shall comply with the City of Tustin Landscape and Irrigation
Guidelines. Areas adjacent to the east and west sides of the building may
be planted with a sod or similar material.
(6)
3.2 Provide detailed landscape and irrigation plans for all landscaping areas on
the site and include the following information:
A summary table applying indexing identification to plant materials in
their actual location. The plan and table must list botanical and
common names, sizes, sPaces, actual location and quantity of the
plant materials proposed.
b. Planting and berming details, soil preparation, staking, etc.
.C.
The irrigation plan shall show location and control of backflow
prevention devices, pipe size, sprinkler type, spacing', and coverage.
Details for all equipment must be provided.
do
All property lines on the landscaping and irrigation plans, public right-
of-way area, sidewalk widths, parkway areas, and wall location, if
any.
Note on landscaping plan that coverage of landscaping irrigation
materials is subject to field inspection at project completion by the
Community Development Department.
ExhibE A
Resolution 3806
October8, 2001
Page 7
(6) 3.3 The landscape and irrigation plans shall identify the following:
A berm or wall at least thirty (30) inches in height and a maximum of
forty-two (42) inches to be located adjacent to Rawlings Way and Tustin
Ranch Road to provide a screen between the parking lot and the right-
of-way. Cross section details of the berm or wall shall be provided.
Screen walls adjacent to the right-of-way shall be consistent with the
design, materials, and colors of the existing tract boundary walls.
A thick landscape screen to be planted along the northerly property line
of the project which abuts Lot 6 of Tract 12870, which is the elementary
school site.
A six (6) foot (8) inch masonry wall to be provided along the easterly
property line of the project which abuts the Tustin Ranch Estates
residential tract.
Extension of the proposed six (6) foot high decorative wrought iron
fence and access gates to enclose the playground area.
H~F RF~TRICTli3N~
(2) 4.1 Deleted
(2) 4.2
(2) 4.3
(2) 4.4
Deleted
The facility shall be limited to assembly uses for church and associated
services, Sunday school, and offices uses. The maximum number of
occupants on the premises shall be 723 and/or whatever future parking can
accommodate as determined by the Community Development Director.
No overflow seating is permitted at any time in the foyer, hallways, and side
entries.
(2)
(2)
4.5 Deleted
4.6
If in the future the City determines that parking, traffic, or noise problems
exist on the site or in the vicinity as a result of the Church use operating
outside the scope of CUP 01-025, Tustin City Code or the East Tustin
Specific Plan, the Community Development Director may initiate revocation
of CUP 01-025 or require the applicant/property owner to. prepare an
analysis and bear all associated costs. If the study indicates that the use is
not in compliance with the Tustin City Code or that there is a parking, traffic,
or noise impact, the applicant/property owner shall be required to provide
mitigation measures to be reviewed and approved by the Planning
Commission.
Exhibit A
Resolution 3806
October 8, 2001
Page 8
(2) 4.7
(1)
(1)
(1)
(2)
(1)
A Temporary Use Permit shall be obtained in accordance with the Tustin
City Code for any indoor or outdoor special event that is not specified in the
schedule of uses in Condition 4.3 pdor to the scheduled date. If a
TemPOrary Use Permit is not necessary, any indoor special event not
specified in the schedule of uses may be approved by the Community
Development Director by submitting a wdtten request at least seven (7)
days prior, to the event. Wdtten proof of coordination with the adjacent
school operation shall be provided to minimize potential traffic and parking
impacts (i.e. avoid special events occurring at the same time, startJend time
coordination could serve to minimize impacts).
5.1
For the purPoses of determining off-street parking, the parallel spaces shall
not be used for required parking spaces. A minimum of 241 off-street
parking spaces shall be provided.
6.1
A separate set of plans for the monument sign, wall signs, and directional
signs shall be submitted at plan check. A non-illuminated monument sign
with a brick base, concrete face, and recessed lettering, similar to the
approved sign Design Review 98-029, which was six (6) feet high, seventy-
five (75) square feet and oriented toward the comer of Rawlings Way and
Tustin RanCh Road shall be submitted for review and approval by the
Community Development Director. The sign structure and face shall be
maintained in good condition at all times.
7.1 The entrance driveway width shall be thirty-five (35) feet maximum, per City
standards and consistently illustrated on all plans.
7.2
Lots S, T, and KKK are designated for landscape and sidewalk purPoses
only and are not permitted to be used for the proposed development. The
development shall be constructed only within Lot 7 of amended Map No. 1
of a portion of Tract 12870. The lettered lots shall only be used to meet the
landscaping requirements.
7.3
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 limited to, the following:
Curb and gutter;,
Sidewalk, including curb ramps for the physically disabled;
Exhibit A
Resolution 3806
October 8, 2001
Page 9
(2) 7.4
(1) 7.s
(1) 7.6
(1) 7.7
(1) 7.8
(2) 7.9
Drive aprons;
Connection'to existing storm drain system;
Domestic water facilities;
Reclaimed water facilities;
Sanitary sewer facilities; and,
Underground utility connections. '
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.
Existing sewer, domestic water, reclaimed water and storm drain service
laterals shall be utilized whenever possible.
Preparation and submittal of a final grading plan showing all pertinent
elevations as they pertain to the public right-of-way along with delineating
the following information:
· Final street elevations at key locations.
· Final pad/finished floor elevations and key elevations for all site
grading. All pad elevations to be a minimum of 1.0 foot above base
flood elevation as defined by FEMA,
· All flood hazards of record.
Any damage done to existing street improvements and utilities shall be
repaired before issuance of a Certificate of Occupancy for this
development.
Prior to any work in the public right-of-way, an Encroachment Permit must
be obtained from and applicable fees paid to the Public Works
Department.
Current Federal Americans with Disabilities Act (ADA) requirements will
need to be met at the drive aprons. This will require construction of a
minimum four (4) foot wide sidewalk behind the drive apron. The
maximum cross slope of the sidewalk shall be two (2) percent and the
· maximUm ramp slope of the drive apron shall be ten (10) percent. This
will require dedication of additional right-of-way to accommodate the
sidewalk construction. A legal description and sketch of the dedication
area, as prepared by a California Registered Civil Engineer and/or
California Licensed Land Surveyor, shall be submitted to the Engineering
Division for review and approval.
Two (2) copies of a complete hydrology study and hydraulic calculations
shall be submitted for review and approval by the Public Works
Department and Building Division.
Exhibit A
Resolution 3808
October 8, 2001
Page 10
(1) 7.1o
(1) 7.11
(2) 7.12
(1) 8.1
Both horizontal and vertical intersection sight lines will need to be checked
per County of Orange Public Facilities and Resources Standard No. 1117
at the driveway and street intersections. The site lines need to be shown
on the grading plan and landscape plan. All landscaping within the limited
use area will need to comply with the County of Orange Public Facilities
and Resources Standard No. 1117.
In addition to the normal full-size plan submittal process, all final
development plans, including but not limited to, right-of-way maps,
records of survey, public works improvements, private infrastructure
improvements, final grading plans, and site plans are required to be
submitted to the Public Works Department/Engineering Division in
computer aided design and drafting (CADD) format. The standard file
format is AutoCADD Release 13 or 14 having the extension DWG.
Likewise, layering and linetype conventions are AutoCAD-based (latest
version available upon request from the Engineering Division). In order to
interchangeably utilize the data contained in the infrastructure mapping
system, CADD drawings must be in AutoCADD "DWG" format (i.e.
produced using AutoCAD or AutoCAD compatible CADD software). The
most current version of AutoCAD is Release 14. Drawings created in
AutoCAD Release 13 or Release 12 are compatible and acceptable.
The CADD files shall be submitted to the City at the time the plans are
approved and updated CADD files reflecting "as built" conditions shall be
submitted once all construction has been completed. The subdivision
bonds will not be released until the "as built" CADD files have been
submitted.
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.
Prior to issuance of grading permits, the applicant shall obtain approval of
the Community Development and Public Works Departments for a Water
QUality Management Plan (WQMP) specifically identifying Best
Management Practices (BMPs) that will be used on site to control
predictable pollutant run-off. This WQMP shall identify the structural and
non-structural measures which will be implemented on this project and shall
detail the implementation of BMPs whenever they are applicable to the
project; the assignment of long-term maintenance responsibilities
(specifying the developer, pamel owner, maintenance association, lessee,
etc.); and, reference to. the .location(s) of structural BMPs. The property
owner and applicant shall be responsible for implementing the provisions of
the WQMP on an ongoing, permanent basis.
Exhibit A
Resolution 3806
October 8, 2001
Page 11
(1) 8.2
(1) 8.3
8.4
(1) 8.s
8.6
Prior to submittal of. a Water Quality Management Plan (VVQMP), the
applicant shall submit a deposit of $2,500.00 for the estimated costs of
review of the WQMP to the Building Division. The actual costs shall be
deducted from the deposit, and the applicant shall be responsible for and
pay for any additional review costs that exceed the deposit prior to. issuance
of grading permits. Any unused portion of the depoSit shall be refunded to
the applicaht.
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.
Prior to the issuance of any permits, the property owner and applicant
shall provide written consent and authorization to enter the property for
the purpose of conducting compliance assessments. An authorized
inspector may inspect the property for the purpose of verifying compliance
with Chapter 4 of the Tustin City Code (Water Quality Ordinance) and
verifying compliance with the approved Water Quality Management Plan.
The Community Development and Public Works Departments shall
determine whether any proposed change in use requires an amendment
to an approved Water Quality Management Plan.
The following requirements shall be defined on permit plan cover sheets as
either general or special notes and the project shall be implemented in
accordance with the notes:
. · Construction sites shall be maintained in such a condition that an
anticipated storm does not carry wastes or pollutants off the site.
Discharges of material other than st0rmwater are allowed only when
necessary for performance and completion of construction practices
and where they do not: cause or contribute to a violation of any water
quality standard; cause or threaten to cause pollution, contamination,
or nuisance; or, contain a hazardous substance in a quantity
reportable under Federal Regulations 40 CFR Parts 117 and 302.
Potential pollutants include, but are not limited to: solid or liquid
chemical spills; wastes from paints, stains, sealants, glues, limes,
pesticides, herbicides, wood preservatives and solvents; asbestos
fibers, paint flakes or stucco fragments; fuels, oils, lubricants, and
hydraulic, radiator or battery fluids; fertilizers, vehicle/equipment
wash water and concrete wash water; concrete, detergent, or
floatable wastes; wastes from any engine equipment steam cleaning
or chemical degreasing; and superchlorinated potable water line'
Exhibit A
Resolution 3808
October 8, 2001
Page 12
8.7
(1) 8.8
(1) · 8.9
(1) 8.10
flushings. During construction, disposal of such materials should
occur in a specified and controlled temporary area on site, Physically
separated from potential storm water run-off, with ultimate disposal in
accordance with local, State, and Federal requirements.
Dewatering of contaminated groundwater, or discharging
COntaminated soils via surface erosion, is prohibited. Dewatering of
non-contaminated groundwater requires a National Pollutant
Discharge Elimination System Permit from the (~alifomia State
Regional Water Quality Control Board.
An erosion and sedimentation control plan shall be submitted for review and
approval to the Building Official prior to issuance of grading permits. A
variety of best management practices including BMP Nos. 1, 10, and 12
through 24, as identified in the City's Best Management Practices
Handbook and devices SUch as desilting basins, check dams, cribbing, rip
rap, watering, and other methods shall be included on the plan,
implemented, and maintained on an ongoing basis to control water and
wind-related erosion and prevent sedimentation from entering the storm
drain system, adjacent properties, or rights-of-way.
A variety of best management practices including BMP Nos. 1, 3 through 9,
11 through 15, 18, and 24, as identified in the City's Best Management
Practices Handbook, shall be implemented on an ongoing basis during
construction to protect surface waters and prevent wastes or pollutants from
moving off site during a storm. Potential pollutants include, but are not
limited to, paints, stains, sealants, glues, fuels, oils, lubricants, fertilizers,
etc. Disposal of; such materials shall occur in a specified and controlled
temporary area on site, physically separated from potential storm water run-
off, with ultimate disposal in accordance with local, State, and Federal
regulations.
Pdor to issuance of grading permits, the applicant shall post with the
Community Development Department a minimum $2,500 cash deposit or
letter of credit to guarantee the sweeping of streets and clean-up of streets
affected by construction activities. In the event this deposit is depleted prior
to completion of development, an additional incremental deposit will be
required.
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.
Exhibit A
Resolution 3806
October 8, 2001
Page 13
(1) 8.11
When loading or transporting any earth, sand, ground, rock, stone, or other
excavated material or debris, such material shall be prevented from blowing
or spilling onto the public right-of-way or adjacent private property. The
applicant shall be responsible for maintaining public rights-of-way in a
condition reasonably free of dust, earth, or debds 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.
(2) 9.1
All construction operations, including engine warm-up and deliveries Of
materials and equipment, shall be subject to the provisions of the Tustin
Noise Ordinance and shall take place only between the hours of 7:00 a.m.
and 6:00 p.m., Monday through Friday, and between 9:00 a.m. and 5:00
p.m. on Saturday, unless otherwise determined by the Building Official.
(2) 9.2
Construction hours shall be clearly posted on the project site to the
satisfaction of the Building Official.
(2) 9.3 All requirements of the City's Noise Ordinance shall be met at all times.
(2) 10.1
Prior to issuance of a building permit, the applicant shall submit plans for
the review and approval of the Fire Chief. The applicant shall include
information on the plans required by the Fire Chief. Contact the Orange
County Fire Authority Plans Review Section at (714) 744-0403.
(1)
t0.2
Prior to the issuance of building permits, the applicant shall submit water
improvement plans to the Fire Chief for review and approval to ensure
adequate fire protection and financial security are posted for the
installation. The water system design, location of valves, and distribution
of the fire hydrants will be evaluated and approved by the Fire Chief.
(1)
10.3
Prior to the issuance of any building permits,.the applicant shall submit to
the Fire Chief evidence of the on-site fire hydrant system and indicate
whether it ia public or private. If the system is private, the system shall be
reviewed and approved by the Fire Chief prior to the issuance of building
permits. Provisions shall be made by the applicant for the repair and
maintenance of the system, in a manner meeting the approval of the Fire
Chief.
Exhibit A
Resolution 3806
October 8, 2001
Page 14
(1) 10.4
(1) lO.S
(1) ~ 10.6
(1) 10.?
(1) 10.8
(1) 10.9
(1) I0.t0
Prior to the issuance of any grading permits, the applicant shall obtain
approval of the Fire Chief of all fire protection access easements and shall
dedicate them to the City. Obstructions within the fire .protection accesS
easement areas shall be prohibited. The approval of the Fire Chief is
required for any modifications such as speed bumps, control gates, or
other changes within said easement.
Prior to the issuance of any grading permits, the aPplicant shall submit
and obtain the Fire Chief's approval of the construction details for any
access gate. Contact the Orange County Fire Authority Plan Review
Section at (714) 744-0403 for a copy of the "Guidelines for Fire Authority
Emergency Access."
Prior to the issuance of any grading permits, the applicant shall submit
and obtain approval of preliminary plans for all ddve aisles, public or
private, from the Fire Chief in consultation with the Manager, Traffic
Engineering. The plans' shall include the plan view, sectional view, and
indicate the width of the street or court measured flow line to flow line. All
proposed fire apparatus turnarounds shall be clearly marked when a
dead-end street exceeds 150 feet or when other conditions require it.
Prior to the issuance of any grading permits, the applicant shall submit
and obtain approval from the Fire Chief for street improvement plans with
fire lanes shown. The plans shall indicate the locations of red curbing and
signage. A drawing of the proposed signage with the height, stroke, and
color of lettering and the contrasting background color shall be submitted
to and approved by the Fire Chief.
Prior to the issuance of the Certificate of Use and Occupancy, the
approved fire lane marking plan shall be installed. The plans shall contain
a fire lane map and provisions, which prohibit parking in the fire lanes. A
method of enforcement shall be included.
Prior to the issuance of any*building permits for combustible construction,
the developer shall submit and obtain the Fire Chief's approval of a letter
and plan stating that water for fire fighting purposes and an all weather fire
access road shall be in place and operational as required by the Uniform
Fire Code before any combustible materials are placed on the site.
Prior to the issuance of any building permits, and Orange County Fire
Authority Water Availability Form shall be submitted to and approved by
the Plan Review Section of the OCFA. If sufficient water to meet fire flow
requirements is not available, an automatic fire extinguisher system shall
be installed in each structure, in a manner meeting the approval of the
Fire Chief.
Exhibit A
Resolution 3806
October 8, 2001
Page 15
(1) 1o.11
(1) 10.12
(1) 10.13
(1)
11.1
Prior to the issuance of any building permits on those lot(s) determined
applicable by the Fire Chief, plans for the automatic fire sprinkler system
shall be submitted to and approved by the Fire Chief prior t~) installation. A
note shall be placed on the plans stating that the structure shall be
protected by an automatic fire sprinkler system in accordance to the
"Orange County Fire Authority Notes for New NFPA 13 Commercial
Sprinkler Systems." This system shall be operational prior to the issuance
of a Certificate of Use and Occupancy.
Prior to the issuance of any Certificates of Use and Occupancy, all fire
hydrants shall have a "Blue Reflective Pavement Marker" indicating its
location on the street or drive per the Orange County Fire Authority
Standard and approved by the Fire Chief. On private property, these
markers are to be maintained in good condition by the property owner.
Prior to the issuance of building permits, plans for the fire alarm system
shall be submitted to and approved by the Fire Chief. This system shall be
operational prior to the issuance of a Certificate of'Use and Occupancy.
Prior to issuance of any grading, building or sign 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.
A. Building plan check and permit fees to the Community
Development Department based on the most current schedule.
Do
.E.
Orange County Fire Authority plan check and inspection fees to the
Community Development Department based upon the most current
schedule.
School facilities fee to the Tustin Unified School District subject to
any agreement reached and executed between the District and the
applicant.
Water and sewer connection fees to the Irvine Ranch Water
District.
Major thoroughfare and 'bridge fees in the amount of $3.23 per
square foot of building area to the Tustin Public Works Department.
Church and religious facilities may be exempt from payment of
transportation corridor fees. The final dete~i~ination of whether a
property is exempt will be based upon verification of a property tax
exemption for church/religious categories on the latest Assessor's
roll as defined for Orange County by the State of California.
Exhibit A
Resolution 3806
October 8, 2001
Page 16
(2) 11.2
Orange County Sanitation District No. 7 Sewer Connection Fees of
$110.00 per 1,000 square feet of the building area paid to the
Tustin Public Works Department.
Within forty-eight (48) hours of approval of the subject project, the applicant
shall deliver to the Community Development Department, a cashiers check
payable to the COUNTY CLERK in the amount of $43.00 (forty-three
dollars) to enable the City to file the appropriate environmental
documentation for the project. If within such forty-eight (48) hour period that
applicant has not delivered to the Community Development Department the
above-noted check, the statute of limitations for any interested party to
challenge the environmental determination under the provisions of the
California Environmental Quality Act could be significantly lengthened.
ATTACHMENT D
Extension Request letter dated July 17, 2003
THOMAS R. SALTARELLI~
OF COUNSEL:
RICHARD K. SEMETA
Via Messenger
Elizabeth Binsack
City of Tustin
300 Centennial Way
Tustin, CA 92780
R6:
SALTARELLI LAW CORPORATION
4695 MAcARTHUR COURT
SUitE 3~0
POST OFFICE BOX 10367
NEWPORT BEACH, CALIFORNIA 92658-0367
July 17, 2003
'ALSO ADMITTED IN THe DISTRICT
OF COLUMBIA
OUR FILE NUMBER:
6384.03
RECEIVED
J U L 1 7
COMMUNITY DEVEi. OPMEti';
Request to Extend Entitlements
Lot 7 of Tract 12870, Northeast Comer of Rawlings Way and Tustin Ranch Road,
East Tustin Specific Plan
Applicant: The Church at Tustin Ranch
Subject: Request for Extension of Conditional Use Permit 98-025, and
Design Review 98-029
Dear Elizabeth:
As you know, I represent the Church at Tustin Ranch in connection with the above entitled
property. The purpose of this letter is to request that the above-referenced entitlements to the
property be extended.
We regret and apologize that this request was not timely, but as a result of many internal
transitional matters of the Church, including transition of Church personnel, and also as a result
of its inability to have permanent facilities, the Church inadvertently failed to timely request the
extension of the entitlements to their property.
Therefore, it is kindly requested that the City of Tustin grant the Church's request for an
extension at this time. I have enclosed their fee in the amount of $250 in connection with this
request.
If you have any questions, please let me know.
Very truly yours,
TRS :dp
enclosure
cc: Pastor Floyd Lawhon
SALTARELLI LAW CORPORATION
THOMAS R. SALTARELLI
T:\wp\C\638403.716
ATTACHMENT E
Resolution No. 3892
RESOLUTION NO. 3892
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TUSTIN, CALIFORNIA ADOPTING THE FINAL NEGATIVE
DECLARATION AS ADEQUATE FOR CONDITIONAL USE PERMIT 01-
025 AND DESIGN REVIEW 01-031 AND ALL FEASIBLE MITIGATION
MEASURES HAVE BEEN INCORPORATED AS REQUIRED BY THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT.
The Planning Commission of the City of Tustin does hereby resolve as follows:
I. The Planning Commission finds and determines as follows:
That Conditional Use Permit 01-025 and Design Review 01-031 are
considered "projects" pursuant to the terms of the California Environmental
Quality Act.
This project is tiered from a previous EIR (85-2) for the East Tustin Specific
Plan.
An Initial Study/Negative Declaration was prepared, distributed for public
review, and adopted as adequate for Conditional Use Permit 98-025 and
Design Review 98-029 by the Planning Commission through adoption of
Resolution No. 3760 on December 11, 2000, in accordance with the
California Environmental Quality Act (CEQA).
The proposed project Conditional Use Permit 01-025 and Design Review
01-031 is within the scope of Conditional Use Permit 98-025 and Design
Review 98-029 previously adopted by the Planning Commission. The
proposed modifications to the project and additional conditions would not
have a substantial adverse environmental effect, and no new measures are
required to mitigate impacts that were not previously identified. The prior
Final Negative Declaration adequately describes the project, as modified,
and no additional public review is required.
II.
A Final Negative Declaration, attached hereto as Exhibit A, has been completed in
compliance with CEQA and State guidelines. The Planning Commission has
reviewed the Final Negative Declaration prior to recommending approval of the
proposed project and finds that it adequately discusses the environmental effects
of the proposed project and determines that there will not be a significant effect on
the environment.
In addition, the Planning Commission finds that the project involves no potential for
any adverse effect, either individually or cumulatively, on wildlife resources and
makes a De Minimis Impact Finding as defined in Section 711.2 of the Fish and
Game Code.
Resolution No. 3892
August 25, 2003
PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held
on the 25th day of August, 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 City of Tustin, California; that Resolution No. 3892 was duly
passed and adopted at a regular meeting of the Tustin Planning Commission, held on the
25th day of August, 2003.
ELIZABETH A. BINSACK
Planning Commission Secretary
ATTACHMENT F
Resolution No. 3893
RESOLUTION NO. 3893
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TUSTIN, APPROVING A SlX (6) MONTH EXTENSION OF CONDITIONAL
USE PERMIT 01-025 AND DESIGN REVIEW 01-031 TO AUTHORIZE
THE CONSTRUCTION OF A 14,500 SQUARE FOOT CHURCH FACILITY
WHICH INCLUDES A 3,900 SQUARE FOOT SANCTUARY, SUNDAY
SCHOOL/BIBLE STUDY CLASSROOMS, OFFICES, AND RELATED
SITE IMPROVEMENTS ON THE PROPERTY IDENTIFIED AS LOT 7 OF
TRACT '12870, LOCATED ON THE NORTHEAST CORNER OF TUSTIN
RANCH ROAD AND RAWLINGS WAY. THE DATE OF EXPIRATION OF
THE PROJECT APPROVAL SHALL BE MARCH '1, 2004.
The Planning Commission of the City of Tustin does hereby resolve as follows:
I. The Planning Commission finds and determines as follows:
That a proper request to extend Conditional Use Permit 01-025 and Design
Review 01-031 was filed by The Church at Tustin Ranch, which approved
construction of a 14,500 square foot church facility which includes a
sanctuary, classrooms, offices, and related site improvements on the
property identified as Lot 7 of Tract 12870, located on the northeast corner
of Tustin Ranch Road and Rawlings Way.
That the church use is conditionally permitted pursuant to Section 3.6.2 of
the East Tustin Specific Plan.
That the proposed use is consistent with the General Plan land use
designation "Planned Community Residential" which provides for public
and institutional facilities such as churches. 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.
That a public hearing was duly called, noticed, and held on said application
on October 8, 2001, by the Planning Commission.
That on July 17, 2003, the applicant submitted a request to amend
Condition 1.3 of Planning Commission Resolution No. 3806 to extend the
expiration of approvals of Conditional Use Permit 01-025 and Design
Review 01-031.
That the extension of the project expiration date by six (6) months to March
1, 2004, will not be detrimental to the health, safety, morals, comfort, or
general welfare of the persons residing or working in the neighborhood of
the proposed use, nor be injurious or detrimental to the property and
Resolution No. 3893
Conditional use Permit 01-025 and Design Review 01-031 (extension)
August 25, 2003
Page 2
improvement on the neighborhood of the subject property, or to the general
welfare of the City of Tustin with the additional condition of approval related
to hours of operation, water quality, and storm water discharges.
That the establishment, maintenance, and operation of the use applied for
will not, under the circumstances of this case, be detrimental to the health,
safety, morals, comfort, or general welfare of the persons residing or
working in the neighborhood of such proposed use, nor be injurious or
detrimental to the property and improvements in the neighborhood of the
subject property, or to the general welfare of the City of Tustin, as
evidenced by the following findings:
1)
The proposed church use is compatible with the surrounding uses
in that the sanctuary, classrooms, and offices support the church
use which is conditionally permitted within the "Community Facility"
designation of the East Tustin Specific Plan.
2)
Traffic within the surrounding area will not be significantly impacted
by the proposed church use since the peak hours for the church use
will occur on Sundays and weeknights and will not conflict with the
traffic generated from the adjacent elementary school. The proposed
church office use that will be in operation during the elementary
school hours will not impact the Level of Service on Rawlings Way
or Tustin Ranch Road.
3)
As conditioned, the use will not have a negative effect on the
surrounding property owners or impact the availability of off-street
parking in that the required parking is satisfied by the required 241
off-street parking spaces.
4)
As conditioned, the use of 50 compact spaces as required parking
will not have a negative effect on the surrounding property owners or
impact the use of the off-street parking spaces.
5)
As conditioned, the proposed church use is not anticipated to result
in any noise or traffic impacts. Restricting the hours of operation of
the facility from 7:00 a.m. to 11:00 p.m. will ensure that the use will
not disrupt nearby residences during quiet nighttime and early
morning hours. In addition, restricting the hours of operation for the
sanctuary and classrooms between 7:00 a.m. and 9:00 a.m. on
weekdays will ensure that there is no traffic congestion on Rawlings
Way or Tustin Ranch Road in the vicinity of the project related to the
church use due to conflicts with the start time of the adjacent public
school on Rawlings Way.
Resolution No. 3893
Conditional use Permit 01-025 and Design Review 01-031 (extension)
August 25, 2003
Page 3
6)
As conditioned, the design of the proposed building is compatible
with the style of the surrounding residential neighborhoods and the
mass is consistent with other community buildings within the East
Tustin Specific Plan area. The proposed facility will not be a
detriment to the public health, safety, welfare, or aesthetics of the
community.
7)
As conditioned, the proposed lighting will not produce excessive light
or glare or have a negative impact on the adjacent properties and will
not be a detriment to the public health, safety, welfare, or aesthetics
of the community.
8)
The proposed vegetation and screen walls will provide a buffer
between the adjacent residential properties, school site, and public
right-of-way reducing any visual impacts of the site and ensuring that
the proposed facility will not be a detriment to the public, health,
safety, welfare, or aesthetics of the community.
9)
The proposed hours of operation are appropriate for the area. The
proposed uses do not include using the facility for any type of 24-
hour function that might generate excessive noise and traffic during
late nights and early mornings.
Pursuant to Section 9272 of the Tustin Municipal Code, the Planning
Commission finds that the location, size, architectural features, and general
appearance of Design Review 01-031, as conditioned, will not impair the
orderly and harmonious development of the area, the present or future
development therein, or the occupancy as a whole. In making such
findings, the Commission has considered at least the following items:
1. Height, bulk and area of buildings.
2. Setbacks and site planning.
3. Exterior materials and colors.
4. Type and pitch of roofs.
5. Size and spacing of windows, doors, and other openings.
Towers, chimneys, roof structures, flagpoles, radio and television
antennae.
7. Landscaping, parking area design, and traffic circulation.
Resolution No. 3893
Conditional use Permit 01-025 and Design Review 01-031 (extension)
August 25, 2003
Page 4
II.
8. Location, height and standards of exterior illumination.
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. Development Guidelines and criteria as adopted by the City Council.
That the project has been reviewed for compliance with the Americans with
Disabilities Act of 1990, and it has been determined that dedications of
right-of-way to accommodate a four (4) foot wide sidewalk behind the drive
apron are necessary for compliance with the requirements of the ADA.
A Final Negative Declaration has been adopted for this project in
accordance with the provisions of the California Environmental Quality Act
(CEQA).
The Planning Commission hereby approves Conditional Use Permit 01-025 and
Design Review 01-031 authorizing the construction of a 14,500 square foot church
facility which includes a sanctuary, offices, Sunday school/Bible study classrooms,
and related site improvements on the property identified as Lot 7 of Tract 12870,
located on the northeast corner of Tustin Ranch Road and Rawlings Way, subject
to the conditions contained within Exhibit A, attached hereto.
PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular
meeting held on the 25th day of August, 2003.
ELIZABETH A. BINSACK
Planning Commission Secretary
LINDA C. JENNINGS
Chairperson
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Recording
Secretary of the Planning Commission of the City of Tustin, California; that Resolution
No. 3893 passed and adopted at a regular meeting of the Tustin Planning Commission,
held on the 25th day of August, 2003.
ELIZABETH A. BINSACK
Planning Commission Secretary
EXHIBIT A
RESOLUTION NO. 3893
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT 01-025 AND DESIGN REVIEW 01-031
GENERAL
(1)
1.1
The proposed use shall substantially conform with the submitted plans for
the project date stamped October 8, 2001, 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 found to be consistent
with the provisions of the Tustin City Code and other applicable codes.
(1)
1.2
Unless otherwise specified, the conditions contained in this Exhibit shall be
complied with as specified or prior to the issuance of any building permits
for the project, subject to review and approval by the Community
Development Department.
(1)
1,3
The subject project approval shall become null and void unless permits for
the proposed project are issued and substantial construction is underway by
March 1, 2004. Time extensions may be considered if a written request is
received by the Community Development Department within thirty (30) days
prior to expiration.
(1)
1.4
Approval of Conditional Use Permit 01-025 and Design Review 01-031 is
contingent upon the applicant and property owner signing and returning to
the Community Development Department within seven (7) days of approval,
a notarized "Agreement to Conditions Imposed" form and the property
owner signing and recording with the County Clerk-Recorder a notarized
"Notice of Discretionary Permit Approval and Conditions of Approval" form
within seven (7) days of approval. The forms shall be established by the
Director of Community Development, and evidence of recordation shall be
provided to the Community Development Department.
(1)
The applicant shall hold harmless and defend the City of Tustin from all
claims and liabilities arising out of a challenge of the City's approval of this
project.
SOURCECODES
(2)
(3)
(4)
STANDARD CONDITION
CEQA MITIGATION
UNIFORM BUILDING CODE/S
DESIGN REVIEW
(s)
(6)
(7)
RESPONSIBLE AGENCY REQUIREMENT
LANDSCAPING GUIDELINES
PC/CC POLICY
EXCEPTION
Exhibit A
Resolution 3893
August 25, 2003
Page 2
(1)
Any violation of any of the conditions imposed is subject to the imposition of
a civil penalty of $100.00 for each violation and each day the violation
exists.
(1)
1.? The applicant shall be responsible for costs associated with any necessary
code enforcement action.
(1) 1.8
Conditional Use Permit 01-025 may be reviewed on an annual basis, or
more often if necessary, by the Community Development Director. The
Community Development Director shall review the use to ascertain
compliance with conditions of approval. If the use is not operated in
accordance with Conditional Use Permit 01-025, or is found to be a
nuisance or negative impacts are affecting the surrounding neighborhood,
the Community Development Director shall impose additional conditions to
eliminate the nuisance or negative impacts, or may initiate proceedings to
revoke the Conditional Use Permit.
(***) 1.9 Prior to construction of Phase II, separate Conditional Use Permit and
Design Review entitlements shall be obtained.
PLAN SUBMITTAL
(1) 2,1
Exiting shall comply with the requirements of Chapter 10 of the 1998
California Building Code.
(1) 2.2
Provide complete details for accessible paths of travel for persons with
disabilities throughout the site. Vehicle parking, the primary entrance to
the building, the primary paths of travel, sanctuary, offices, classrooms, all
sanitary facilities, the platform, drinking fountains, and public telephones
shall be accessible to persons with disabilities in accordance with Chapter
1 I-B of the 1998 CBC.
(1)
2.3
At plan check, submit seven (7) sets of construction plans, two (2) sets of
structural calculations and Title 24 energy calculations prepared by a
licensed engineer/architect. No field changes shall be made without
corrections submitted to and approved by the Community Development
Department.
(1)
2.4
Indicate on the title sheet the applicable codes, City, State, and Federal
laws and regulations to include:
2001 Uniform Building Code with California Amendments;
2001 Uniform Mechanical and Plumbing Codes with California
Amendments;
Exhibit A
Resolution 3893
August 25, 2003
Page 3
(2) 2.5
(1) 2.6
(2) 2.7
(2) 2.8
(2) 2.9
(2) 2.'10
(2) 2.'1'1
(2) 2.12
· 2001 National Elebtrical Code with California Amendments;
· California Title 24 Accessibility Regulations;
· Title 24 Energy Regulations;
· City of Tustin Grading and Security Ordinance;
· City of Tustin Landscaping and Irrigation Guidelines; and,
· City of Tustin Private Improvements Standards.
Submit four (4) sets of final excavating/grading plans consistent with the
site and landscape plans and three (3) preliminary soils reports to the
Building Division for review and approval prior to the issuance of a grading
permit.
Submit preliminary technical details and all plans for all four (4) utility
installations including telephone, gas, water, and electricity. Additionally, a
note on the plans shall be included stating that no field changes shall be
made without corrections submitted to and approved by the Building
Official.
Submit three (3) copies of the precise soils engineering report provided by
a civil engineer within the previous twelve (12) months. Expanded
information regarding the levels of hydrocarbons and ground water
contamination found on site shall be provided in the submitted soils
report. All pavement "R" values shall be in accordance with applicable City
of Tustin standards.
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.
The engineer of record shall submit a letter of pad certification to the
Building Division for review and approval prior to the issuance of a
building permit.
Drainage, vegetation,
sidewalks, and storm
Improvement Standards.
circulation, street sections, curbs, gutters,
drains shall comply with the on-site Private
All site drainage shall be handled on site and shall not be permitted to drain
onto adjacent properties.
All grading, drainage, vegetation, and circulation shall comply with the City
of Tustin Grading Manual. All construction activity shall comply with the
Exhibit A
Resolution 3893
August 25, 2003
Page 4
(2) 2.13
(2) 2.14
(3) 2.15
(3) 2.16
(1) 2.17
(1) 2.18
(4) 2.19
Tustin Grading Manual which requires frequent watering of the project site
to control dust. All street sections, curbs, gutters, sidewalks, lighting and
storm drains shall comply with on-site improvement standards. Any
deviations shall be brought to the attention of the Building Official and
request for approval shall be submitted in writing prior to any approval.
The applicant shall comply with all City and South Coast Air Quality
Management District 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 fifteen (15) miles per
hour.
The plans submitted for plan check shall indicate that the 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
1998 California Plumbing Code, Chapter 4, Table 4-1 as per type of group
occupancy, or as approved by the Building Official.
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 of a
96-inch wide loading area.
Two (2) exits are required from Sunday school/Bible study rooms with an
occupant load of more than six (6) children under the age of seven (7), per
Table 10-A of the 1998 California Building Code.
The location of any utility vents or other equipment shall be provided on a
roof plan.
A cross-section detail of the building shall be provided showing the
installation of the proposed rooftop equipment. Rooftop equipment shall be
installed and maintained so as not to be visible from public right-of-way
view.
The location of utility meters, gutters, and any ground- or building-mounted
equipment shall be illustrated on the plans. All equipment shall be
incorporated into the architecture. All downspouts shall be designed to be
internalized within the structure. All parapets shall be at least six (6) inches
above rooftop equipment for purposes of screening.
Exhibit A
Resolution 3893
August 25, 2003
Page 5
(1) 2.20
(1) 2.21
(1) 2.22
(2) 2.23
(2) 2.24
(2) 2.25
(1) 2.26
(2) 2.27
Details of the proposed windows and doom shall be provided in a schedule.
Roof material shall be barrel clay tile of a class "B" or better.
All exposed metal flashing or trim shall be anodized or painted compatible
with main buildings.
All exterior colors to be used shall be subject to the review and approval by
the Community Development Department. Sufficient articulation and quality
materials shall be required to articulate the intent of the design depicted on
the elevations. All exterior treatments must be coordinated with regard to
color, materials, and detailing and noted on all construction plans and
elevations submitted for Building Permit Plan Check.
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
fencing. Gated entrances shall be permitted along the perimeter of the site
for construction vehicles.
Provide a final lighting plan, including manufacturer's details of proposed
fixtures, and a photometric study. Lighting installed on buildings shall be of
a decorative design, architecturally compatible with the fixtures on the
existing buildings. All lighting shall be developed to provide a minimum of
one (1) footcandle of light coverage, in accordance with the City's Security
Code, and a maximum of 10 footcandles. The lighting plan shall identify the
location, type of fixture, and intensity of all exterior building-mounted and
free-standing lighting provided. Light fixtures shall not exceed 20 feet in
height and shall be arranged so that direct rays will not shine on adjacent
properties or produce glare for street traffic. A note "Lighting shall not
produce light or glare or have a negative impact on adjacent properties"
shall be added to the plan.
A surety/cash bond shall be required to assure work is completed in
accordance with approved plans. Bonds will be based upon the estimated
cost of the grading, drainage, and erosion control prior to the issuance of
a grading permit.
Information to ensure compliance with requirements of the Orange County
Fire Authority shall be provided. This includes required fire flow and
installation where required, fire hydrants subject to approval of the Fire
Authority, City of Tustin Public Works Department and the Irvine Water
District.
Exhibit A
Resolution 3893
August 25, 2003
Page 6
(1) 2.28
Pursuant to the City of Tustin's Security Ordinance and the Uniform Fire
Code, the street number 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) 2.29
Plans for the proposed trash enclosure shall be submitted to the
Community Development Department for review and approval. The trash
enclosure shall comply with Federal Disposal Services and City of Tustin
standards. A letter from Federal Disposal Services shall be provided
verifying approval of size, quantity, and location of the proposed trash
enclosure. Two (2) dumpsters shall be provided in the trash enclosure,
one dumpster for regular trash and one dumpster for recycle items. The
trash enclosure shall be enclosed by a solid decorative wall consistent
with the materials and finish of the main building. The maximum height of
the enclosure shall be six (6) feet with a solid metal, self-closing, self-
latching gate.
(1) 2.30
A note shall be provided on the plans that no field changes will be made
without prior approval from the Building Official, architect and engineer of
record.
2.31 No outdoor storage shall be permitted except as approved by the
Community Development Director.
LANDSCAPING
(6) 3.1
The applicant shall comply with the City of Tustin Landscape and Irrigation
Guidelines. Areas adjacent to the east and west sides of the building may
be planted with a sod or similar material.
(6)
3.2 Provide detailed landscape and irrigation plans for all landscaping areas on
the site and include the following information:
A summary table applying indexing identification to plant materials in
their actual location. The plan and table must list botanical and
common names, sizes, spaces, actual location and quantity of the
plant materials proposed.
b. Planting and berming details, soil preparation, staking, etc.
Exhibit A
Resolution 3893
August 25, 2003
Page 7
(6)
(2)
(2)
(2)
The irrigation plan shall show location and control of backflow
prevention devices, pipe size, sprinkler type, spacing, and coverage.
Details for all equipment must be provided.
All property lines on the landscaping and irrigation plans, public right-
of-way area, sidewalk widths, parkway areas, and wall location, if
any.
Note on landscaping plan that coverage of landscaping irrigation
materials is subject to field inspection at project completion by the
Community Development Department.
3.3 The landscape and irrigation plans shall identify the following:
A berm or wall at least thirty (30) inches in height and a maximum of
forty-two (42) inches to be located adjacent to Rawlings Way and Tustin
Ranch Road to provide a screen between the parking lot and the right-
of-way. Cross section details of the berm or wall shall be provided.
Screen walls adjacent to the right-of-way shall be consistent with the
design, materials, and colors of the existing tract boundary walls.
A thick landscape screen to be planted along the northerly property line
of the project which abuts Lot 6 of Tract 12870, which is the elementary
school site.
A six (6) foot (8) inch masonry wall to be provided along the easterly
property line of the project which abuts the Tustin Ranch Estates
residential tract.
Extension of the proposed six (6) foot high decorative wrought iron
fence and access gates to enclose the playground area.
USE RESTRICTIONS
4.1
The administrative offices may only operate from 7:00 a.m. to 11:00 p.m.
daily and the sanctuary and Sunday School/Bible Study classrooms may
only operate from 9:00 a.m. to 11:00 p.m. on weekdays and 7:00 a.m. to
11:00 p.m. on the weekends.
4.2 Deleted
4.3 The facility shall be limited to assembly uses for church and associated
services, Sunday school, and offices uses. The maximum number of
Exhibit A
Resolution 3893
August 25, 2003
Page 8
(2)
(2)
(2)
(2)
(1)
(1)
occupants on the premises shall be 723 and/or whatever future parking can
accommodate as determined by the Community Development Director.
4.4 No overflow seating is permitted at any time in the foyer, hallways, and side
entries.
4.5 Deleted
4.6
If in the future the City determines that parking, traffic, or noise problems
exist on the site or in the vicinity as a result of the church use operating
outside the scope of CUP 01-025, Tustin City Code or the East Tustin
Specific Plan, the Community Development Director may initiate revocation
of CUP 01-025 or require the applicant/property owner to prepare an
analysis and bear all associated costs. If the study indicates that the use is
not in compliance with the Tustin City Code or that there is a parking, traffic,
or noise impact, the applicant/property owner shall be required to provide
mitigation measures to be reviewed and approved by the Planning
Commission.
4.7
A Temporary Use Permit shall be obtained in accordance with the Tustin
City Code for any indoor or outdoor special event that is not specified in the
schedule of uses in Condition 4.3 prior to the scheduled date. If a
Temporary Use Permit is not necessary, any indoor special event not
specified in the schedule of uses may be approved by the Community
Development Director by submitting a written request at least seven (7)
days prior to the event. Written proof of coordination with the adjacent
school operation shall be provided to minimize potential traffic and parking
impacts (i.e. avoid special events occurring at the same time, start/end time
coordination could serve to minimize impacts).
PARKING
5.1
For the purposes of determining off-street parking, the parallel spaces shall
not be used for required parking spaces. A minimum of 241 off-street
parking spaces shall be provided.
SlGNAGE
6.1
A separate set of plans for the monument sign, wall signs, and directional
signs shall be submitted at plan check. A non-illuminated monument sign
with a brick base, concrete face, and recessed lettering, similar to the
approved sign Design Review 98-029, which was six (6) feet high, seventy-
five (75) square feet and oriented toward the corner of Rawlings Way and
Exhibit A
Resolution 3893
August 25, 2003
Page 9
(1)
(2)
(1)
(2)
(1)
Tustin Ranch Road shall be submitted for review and approval by the
Community Development Director. The sign structure and face shall be
maintained in good condition at all times.
PUBLIC WORKS
7.1
The entrance driveway width shall be thirty-five (35) feet maximum, per City
standards and consistently illustrated on all plans.
7,2
Lots S, T, and KKK are designated for landscape and sidewalk purposes
only and are not permitted to be used for the proposed development. The
development shall be constructed only within Lot 7 of amended Map No. 1
of a portion of Tract 12870. The lettered lots shall only be used to meet the
landscaping requirements.
7,3
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 limited to, the following:
Curb and gutter;
Sidewalk, including curb ramps for the physically disabled;
Drive aprons;
Connection to existing storm drain system;
Domestic water facilities;
Reclaimed water facilities;
Sanitary sewer facilities; and,
Underground utility connections.
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.
7.4 Existing sewer, domestic water, reclaimed water and storm drain service
laterals shall be utilized whenever possible.
7.5
Preparation and submittal of a final grading plan showing all pertinent
elevations as they pertain to the public right-of-way along with delineating
the following information:
· Final street elevations at key locations.
Exhibit A
Resolution 3893
August 25, 2003
Page 10
(1) 7.6
(1) 7.7
(~) 7.8
(2) 7.9
(1) 7.10
(1) 7.11
· Final pad/finished floor elevations and key elevations for all site
grading. All pad elevations to be a minimum of 1.0 foot above base
flood elevation as defined by FEMA.
· All flood hazards of record.
Any damage done to existing street improvements and utilities shall be
repaired before issuance of a Certificate of Occupancy for this
development.
Prior to any work in the public right-of-way, an Encroachment Permit must
be obtained from and applicable fees paid to the Public Works
Department.
Current Federal Americans with Disabilities Act (ADA) requirements will
need to be met at the drive aprons. This will require construction of a
minimum four (4) foot wide sidewalk behind the drive apron. The
maximum cross slope of the sidewalk shall be two (2) percent and the
maximum ramp slope of the drive apron shall be ten (10) percent. This
will require dedication of additional right-of-way to accommodate the
sidewalk construction. A legal description and sketch of the dedication
area, as prepared by a California Registered Civil Engineer and/or
California Licensed Land Surveyor, shall be submitted to the Engineering
Division for review and approval.
Two (2) copies of a complete hydrology study and hydraulic calculations
shall be submitted for review and approval by the Public Works
Department and Building Division.
Both horizontal and vertical intersection sight lines will need to be checked
per County of Orange Public Facilities and Resources Standard No. 1117
at the driveway and street intersections. The site lines need to be shown
on the grading plan and landscape plan. All landscaping within the limited
use area will need to comply with the County of Orange Public Facilities
and Resources Standard No. 1117.
In addition to the normal full-size plan submittal process, all final
development plans, including but not limited to, right-of-way maps,
records of survey, public works improvements, private infrastructure
improvements, final grading plans, and site plans are required to be
submitted to the Public Works Department/Engineering Division in
computer aided design and drafting (CADD) format. The standard file
format is AutoCADD Release 13 or 14 having the extension DWG.
Likewise, layering and linetype conventions are AutoCAD-based (latest
Exhibit A
Resolution 3893
August 25, 2003
Page 11
(2) 7.12
WATER QUALITY
(1) 8.1
(1) 8.2
(1) 8.3
version available upon request from the Engineering Division). In order to
interchangeably utilize the data contained in the infrastructure mapping
system, CADD drawings must be in AutoCADD "DWG" format (i.e.
produced using AutoCAD or AutoCAD compatible CADD software). The
most current version of AutoCAD is Release 14. Drawings created in
AutoCAD Release 13 or Release 12 are compatible and acceptable.
The CADD files shall be submitted to the City at the time the plans are
approved and updated CADD files reflecting "as built" conditions shall be
submitted once all construction has been completed. The subdivision
bonds will not be released until the "as built" CADD files have been
submitted.
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.
Prior to issuance of grading permits, the applicant shall obtain approval of
the Community Development and Public Works Departments for a Water
Quality Management Plan (WQMP) specifically identifying Best
Management Practices (BMPs) that will be used on site to control
predictable pollutant run-off. This WQMP shall identify the structural and
non-structural measures which will be implemented on this project and shall
detail the implementation of BMPs whenever they are applicable to the
project; the assignment of long-term maintenance responsibilities
(specifying the developer, parcel owner, maintenance association, lessee,
etc.); and, reference to the location(s) of structural BMPs. The property
owner and applicant shall be responsible for implementing the provisions of
the WQMP on an ongoing, permanent basis.
Prior to submittal of a Water Quality Management Plan (WQMP), the
applicant shall submit a deposit of $2,700.00 for the estimated costs of
review of the WQMP to the Building Division. The actual costs shall be
deducted from the deposit, and the applicant shall be responsible for and
pay for any additional review costs that exceed the deposit prior to issuance
of grading permits. Any unused portion of the deposit shall be refunded to
the applicant.
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
Exhibit A
Resolution 3893
August 25, 2003
Page 12
(1) 8.4
(1) 8.5
(1) 8.6
to inform future property owners of the requirement to implement the
approved WQMP.
Prior to the issuance of any permits, the property owner and applicant
shall provide written consent and authorization to enter the property for
the purpose of conducting compliance assessments. An authorized
inspector may inspect the property for the purpose of verifying compliance
with Chapter 4 of the Tustin City Code (Water Quality Ordinance) and
verifying compliance with the approved Water Quality Management Plan.
The Community Development and Public Works Departments shall
determine whether any proposed change in use requires an amendment
to an approved Water Quality Management Plan.
The following requirements shall be defined on permit plan cover sheets as
either general or special notes and the project shall be implemented in
accordance with the notes:
· Construction sites shall be maintained in such a condition that an
anticipated storm does not carry wastes or pollutants off the site.
Discharges of material other than stormwater are allowed only when
necessary for performance and completion of construction practices
and where they do not: cause or contribute to a violation of any water
quality standard; cause or threaten to cause pollution, contamination,
or nuisance; or, contain a hazardous substance in a quantity
reportable under Federal Regulations 40 CFR Parts 117 and 302.
Potential pollutants include, but are not limited to: solid or liquid
chemical spills; wastes from paints, stains, sealants, glues, limes,
pesticides, herbicides, wood preservatives and solvents; asbestos
fibers, paint flakes or stucco fragments; fuels, oils, lubricants, and
hydraulic, radiator or battery fluids; fertilizers, vehicle/equipment
wash water and concrete wash water; concrete, detergent, or
floatable wastes; wastes from any engine equipment steam cleaning
or chemical degreasing; and superchlorinated potable water line
flushings. During construction, disposal of such materials should
occur in a specified and controlled temporary area on site, physically
separated from potential storm water run-off, with ultimate disposal in
accordance with local, State, and Federal requirements.
· Dewatering of contaminated groundwater, or discharging
contaminated soils via surface erosion, is prohibited. Dewatering of
Exhibit A
Resolution 3893
August 25, 2003
Page 13
(1) 8.7
8.8
(1) 8.9
(1) 8.10
(1) 8.11
non-contaminated groundwater requires a National Pollutant
Discharge Elimination System Permit from the California State
Regional Water Quality Control Board.
An erosion and sedimentation control plan shall be submitted for review and
approval to the Building Official prior to issuance of grading permits. A
variety of best management practices including BMP Nos. 1, 10, and 12
through 24, as identified in the City's Best Management Practices
Handbook and devices such as desilting basins, check dams, cribbing, rip
rap, watering, and other methods shall be included on the plan,
implemented, and maintained on an ongoing basis to control water and
wind-related erosion and prevent sedimentation from entering the storm
drain system, adjacent properties, or rights-of-way.
A variety of best management practices including BMP Nos. 1, 3 through 9,
11 through 15, 18, and 24, as identified in the City's Best Management
Practices Handbook, shall be implemented on an ongoing basis during
construction to protect surface waters and prevent wastes or pollutants from
moving off site during a storm. Potential pollutants include, but are not
limited to, paints, stains, sealants, glues, fuels, oils, lubricants, fertilizers,
etc. Disposal of such materials shall occur in a specified and controlled
temporary area on site, physically separated from potential storm water run-
off, with ultimate disposal in accordance with local, State, and Federal
regulations.
Prior to issuance of grading permits, the applicant shall post with the
Community Development Department a minimum $2,500 cash deposit or
letter of credit to guarantee the sweeping of streets and clean-up of streets
affected by construction activities. In the event this deposit is depleted prior
to completion of development, an additional incremental deposit will be
required.
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.
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
Exhibit A
Resolution 3893
August 25, 2003
Page 14
(1)
(1)
(2)
(2)
(2)
(2)
(1)
(1)
property, the applicant shall be responsible for removing the material
immediately.
8.12
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 Sate 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 grading plans indicating that the project
will be implemented in compliance with the Statewide Permit for General
Construction Activities.
8.13 The building may not be constructed over a combination of cut and fill.
NOISE
9.1
All construction operations, including engine warm-up and deliveries of
materials and equipment, shall be subject to the provisions of the Tustin
Noise Ordinance and shall take place only between the hours of 7:00 a.m.
and 6:00 p.m., Monday through Friday, and between 9:00 a.m. and 5:00
p.m. on Saturday, unless otherwise determined by the Building Official.
9.2
Construction hours shall be clearly posted on the project site to the
satisfaction of the Building Official.
9.3 All requirements of the City's Noise Ordinance shall be met at all times.
FIRE
10.1
Prior to issuance of a building permit, the applicant shall submit plans for
the review and approval of the Fire Chief. The applicant shall include
information on the plans required by the Fire Chief. Contact the Orange
County Fire Authority Plans Review Section at (714) 744-0403.
10.2
Prior to the issuance of building permits, the applicant shall submit water
improvement plans to the Fire Chief for review and approval to ensure
adequate fire protection and financial security are posted for the
installation. The water system design, location of valves, and distribution
of the fire hydrants will be evaluated and approved by the Fire Chief.
10.3 Prior to the issuance of any building permits, the applicant shall submit to
the Fire Chief evidence of the on-site fire hydrant system and indicate
Exhibit A
Resolution 3893
August 25, 2003
Page 15
(1) 10.4
(1) 10.s
(1) 10.6
(1) 10.7
(1) 10.8
(1) 10.9
whether it is public or private. If the system is private, the system shall be
reviewed and approved by the Fire Chief prior to the issuance of building
permits. Provisions shall be made by the applicant for the repair and
maintenance of the system, in a manner meeting the approval of the Fire
Chief.
Prior to the issuance of any grading permits, the applicant shall obtain
approval of the Fire Chief of all fire protection access easements and shall
dedicate them to the City. Obstructions within the fire protection access
easement areas shall be prohibited. The approval of the Fire Chief is
required for any modifications such as speed bumps, control gates, or
other changes within said easement.
Prior to the issuance of any grading permits, the applicant shall submit
and obtain the Fire ChieFs approval of the construction details for any
access gate. Contact the Orange County Fire Authority Plan Review
Section at (714) 744-0403 for a copy of the "Guidelines for Fire Authority
Emergency Access."
Prior to the issuance of any grading permits, the applicant shall submit
and obtain approval of preliminary plans for all drive aisles, public or
private, from the Fire Chief in consultation with the Manager, Traffic
Engineering. The plans shall include the plan view, sectional view, and
indicate the width of the street or court measured flow line to flow line. All
proposed fire apparatus turnarounds shall be clearly marked when a
dead-end street exceeds 150 feet or when other conditions require it.
Prior to the issuance of any grading permits, the applicant shall submit
and obtain approval from the Fire Chief for street improvement plans with
fire lanes shown. The plans shall indicate the locations of red curbing and
signage. A drawing of the proposed signage with the height, stroke, and
color of lettering and the contrasting background color shall be submitted
to and approved by the Fire Chief.
Prior to the issuance of the Certificate of Use and Occupancy, the
approved fire lane marking plan shall be installed. The plans shall contain
a fire lane map and provisions, which prohibit parking in the fire lanes. A
method of enforcement shall be included.
Prior to the issuance of any building permits for combustible construction,
the developer shall submit and obtain the Fire ChieFs approval of a letter
and plan stating that water for fire fighting purposes and an all weather fire
access road shall be in place and operational as required by the Uniform
Fire Code before any combustible materials are placed on the site.
Exhibit A
Resolution 3893
August 25, 2003
Page 16
(1) 10.10
(1) 10.11
(1) 10.12
(1) 10.13
(1)
FEES
11.1
Prior to the issuance of any building permits, and Orange County Fire
Authority Water Availability Form shall be submitted to and approved by
the Plan Review Section of the OCFA. If sufficient water to meet fire flow
requirements is not available, an automatic fire extinguisher system shall
be installed in each structure, in a manner meeting the approval of the
Fire Chief.
Prior to the issuance of any building permits on those lot(s) determined
applicable by the Fire Chief, plans for the automatic fire sprinkler system
shall be submitted to and approved by the Fire Chief prior to installation. A
note shall be placed on the plans stating that the structure shall be
protected by an automatic fire sprinkler system in accordance to the
"Orange County Fire Authority Notes for New NFPA 13 Commercial
Sprinkler Systems." This system shall be operational prior to the issuance
of a Certificate of Use and Occupancy.
Prior to the issuance of any Certificates of Use and Occupancy, all fire
hydrants shall have a "Blue Reflective Pavement Marker" indicating its
location on the street or drive per the Orange County Fire Authority
Standard and approved by the Fire Chief. On private property, these
markers are to be maintained in good condition by the property owner.
Prior to the issuance of building permits, plans for the fire alarm system
shall be submitted to and approved by the Fire Chief. This system shall be
operational prior to the issuance of a Certificate of Use and Occupancy.
Prior to issuance of any grading, building or sign 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.
A. Building plan check and permit fees to the Community
Development Department based on the most current schedule.
Orange County Fire Authority plan check and inspection fees to the
Community Development Department based upon the most current
schedule.
School facilities fee to the Tustin Unified School District subject to
any agreement reached and executed between the District and the
applicant.
Exhibit A
Resolution 3893
August 25, 2003
Page 17
(2) 11.2
Water and sewer connection fees to the Irvine Ranch Water
District.
Major thoroughfare and bridge fees in the amount of $3.23 per
square foot of building area to the Tustin Public Works Department.
Church and religious facilities may be exempt from payment of
transportation corridor fees. The final determination of whether a
property is exempt will be based upon verification of a property tax
exemption for church/religious categories on the latest Assessor's
roll as defined for Orange County by the State of California.
Orange County Sanitation District No. 7 Sewer Connection Fees of
$110.00 per 1,000 square feet of the building area paid to the
Tustin Public Works Department.
Within forty-eight (48) hours of approval of the subject project, the applicant
shall deliver to the Community Development Department, a cashier's check
payable to the COUNTY CLERK in the amount of $43.00 (forty-three
dollars) to enable the City to file the appropriate environmental
documentation for the project. If within such forty-eight (48) hour period that
applicant has not delivered to the Community Development Department the
above-noted check, the statute of limitations for any interested party to
challenge the environmental determination under the provisions of the
California Environmental Quality Act could be significantly lengthened.