HomeMy WebLinkAboutPC RES 3762
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TUSTIN, APPROVING CONDITIONAL USE
PERMIT 99-032 AND DESIGN REVIEW 99-041 TO
AUTHORIZE THE DEMOLITION OF AN EXISTING
COMMERCIAL BUILDING AND THE CONSTRUCTION OF
A 2,715 SQUARE FOOT COMMERCIAL BUILDING WHICH
INCLUDES A MEDICAL OFFICE, RETAIL AND RELATED
SITE IMPROVEMENTS ON THE PROPERTY LOCATED AT
215 EL CAMINO REAL.
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RESOLUTION NO. 3762
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The Planning Commission of the City of Tustin does hereby resolve as
follows:
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I.
The Planning Commission finds and determines as follows:
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A.
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That a proper application for Conditional Use Permit 99-032
and Design Review 99-041 was filed by Pat Sullivan of
Greenberg Farrow Architecture on behalf of Dr. Robert Helm
requesting authorization to demolish an existing commercial
building and to construct a 2,715 square foot commercial
building which includes a medical office, retail and related site
improvements on the property located at 215 EI Camino Real.
B.
That the medical office use on the ground floor is a
conditionally permitted use pursuant to Section 9233(e)(2) of
the Tustin City Code and the retail use is permitted in
accordance with Section 9233(a).
C.
That the proposed use is consistent with the General Plan
land use designation Community Commercial which
provides for retail and professional offices such as plumbing
stores and chiropractors' offices. 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.
D.
That a public hearing was duly called, noticed and held on
said application on December 11, 2000 by the Planning
Commission.
E.
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:
Resolution ~ 32
Conditional use t"ermit 99-032 & Design Review 99-04 I
December 11, 2000
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The proposed demolition conforms to the Municipal
Code and the City of Tustin regulations for demolition.
The existing building is a "0" rated building with
significant modifications made since its original
construction in 1920 which have eroded its character.
Deferred maintenance has eliminated the option of
reconstruction or restoration from being physically
possible, economically feasible or practical. The
proposed demolition does not adversely affect the
character of the Cultural Resources District in that the
proposed replacement structure is in keeping with the
architectural style of the commercial buildings within
Old Town Tustin and will enhance the surrounding
neighborhood. A Certificate of Appropriateness for
demolition and construction of a replacement structure
is attached as Exhibit B.
2)
The proposed uses are compatible with the
surrounding commercial uses and they would attract
individuals that may be encouraged to patronize the
retail and restaurant uses within Old Town Tustin due
to the hours of operation. The proposed uses would
also provide for the needs of the surrounding
residential neighborhoods.
3)
The proposed uses, as conditioned, are compatible
with the uses in the surrounding area in that the project
site is located within the commercial area of the
Cultural Resources Overlay District where a variety of
retail and office uses have been established.
4)
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 proposed six (6) off-street
parking places and the eight (8) parking spaces leased
from the Redevelopment Agency in the public parking
structure on . C Street pursuant to TCC Section
9252( d)(3)( c).
5)
The proposed building is compatible with the design of
the surrounding commercial and residential
neighborhoods. The mass is consistent with other
commercial buildings within Old Town Tustin area.
Resolution ~ '2
Conditional u:se r ermit 99-032 & Design Review 99-04 .
December 11, 2000
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The proposed facility will not be a detriment to the public,
health, safety, welfare and aesthetics of the community in
that, as conditioned, the proposed medical office and retail
uses are not anticipated to create any noise, parking or traffic
impacts and the hours of operation will be limited to 8:00 a.m.
to 10:00 p.m. daily.
Pursuant to Section 9272 of the Tustin Municipal Code, the
Commission finds that the location, size, architectural features
and general appearance of Design Review 99-041, 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:
6)
F.
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Height, bulk and area of buildings.
Setbacks and site planning.
Exterior materials and colors.
Type and pitch of roofs.
Size and spacing of windows, doors and other
openings.
Towers, chimneys., roof structures, flagpoles, radio and
television antennae.
Landscaping,
circulation.
design
and
traffic
parking
area
8.
9.
Location, height and standards of exterior illumination.
Location and appearance of equipment located outside
of an enclosed structure.
10.
11.
Location and method of refuse storage.
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
thoroug hfares.
Development Guidelines and criteria as adopted by the
City Council. .
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Resolution N 2
Conditional use Permit 99-032 & Design Review 99-041
December 11,2000
Page 4
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G.
That this project is Categorically Exempt from the
requirements of the California Environmental Quality Act,
pursuant to Section 15303 (Class 3).
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II.
The Planning Commission hereby approves Conditional Use Permit
No. 99-032 and Design Review 99-041 authorizing the demolition of
an existing commercial building and the construction of a 2,715
square foot commercial building which includes a medical office,
retail and related site improvements on the property located at 215 EI
Camino Real, subject to the conditions contained within Exhibit A,
attached hereto.
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PASSED AND ADOPTED by the Planning Commission of the City of Tustin
at a regular meeting held on the 11th day of December, 2000.
kv.KOZAK
Chairperson
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ELIZABETH A. BIN CK
Planning Commission Secretary
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STATE OF CALIFORNIA)
COUNTY OF ORANGE)
CITY OF TUSTIN )
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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. 3762 passed and adopted at a regular
meeting of the Tustin Planning Commission, held on the 11th day of
December, 2000.
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&*,~~g~~
ELIZABETH A. BINSACK
Planning Commission Secretary
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(1 )
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EXHIBIT A
RESOLUTION NO.
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT 99-032 AND DESIGN REVIEW 99-041
GENERAL
1.1
The proposed use shall substantially conform with the submitted plans for
the project date stamped December 11, 2000, on file with the Community
Development Department, except as herein modified, or as modified by the
Director of Community Development in accordance with this Exhibit. The
Director of Community Development may also approve minor modifications
to plans during plan check if such modifications are to be consistent with the
provisions of the Tustin City Code and other applicable codes.
1.2
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.
The subject project approval shall become null and void unless permits for
the proposed project are issued and substantial construction is underway
within eighteen (18) months of the date of this Exhibit. Time extensions
may be considered if a written request is received by the Community
Development Department within thirty (30) days prior to expiration.
1.3
1.4
Approval of Conditional Use Permit 98-025 and Design Review 98-029 is
contingent upon the applicant signing and returning a notarized "Agreement
to Conditions Imposed" form as established by the Director of Community
Development.
1.5
The applicant shall hold harmless and defend the City of Tustin from all
claims and liabilities arising out of a challenge of the City's approval of this
project.
1.6
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.
1.7
The applicant shall be responsible for costs associated with any necessary
code enforcement action.
SOURCE ,CODES
RESPONSIBLE AGENCY
(1 )
(2)
(3)
(4)
STANDARD CONDITION
REQUIREMENT
CEQA MITIGATION
UNIFORM BUILDING CODE/S
DESIGN REVIEW
***
(5)
(6)
(7)
LANDSCAPING GUIDELINES
PC/CC POLICY
EXCEPTION
Exhibit A
Resolution 3762
December 11, 2000
Page 2
PLAN SU~MITTAL
(3)
2.1
(3)
2.2
(3)
2.3
(3)
2.4
Indicate on the title sheet the applicable codes, City, state and federal laws
and regulations to include:
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1997 Uniform Building Code with California Amendments
1997 Uniform Mechanical and Plumbing Codes with
Amendments
1996 National Electrical Code with California Amendments
City of Tustin Grading and Security Ordinances
City of Tustin Landscape and Irrigation Guidelines
City of Tustin Private Improvement Standards
California
.
.
.
.
.
At building plan check submittal and prior to issuance of permits, the
following shall be provided and approved:
a.
Construction plans, structural calculations, and Title 24 energy
calculations. Requirements of the Uniform Building Codes, State
Disabled Access and Energy Requirements shall be complied with
as required by the Building Official.
b.
Technical detail and plans for all utility installations including
telephone, gas, water and electricity. Additionally, a note on plans
shall be included stating that no field changes shall be made
without corrections submitted to and approved by the Building
Official.
c.
Final grading and specifications consistent with the site plan and
landscape plans shall be prepared by a registered civil engineer
and submitted for review and approval by the Community
Development Department.
d.
A precise soils engineering report by a civil engineer completed
within the previous twelve (12) months. Expanded information
regarding the levels of hydrocarbons and ground water
contamination found on site shall be provided and submitted within
the soils report.
Submit seven (7) sets of building plans to the Building Division for review
and approval prior to the issuance of a building permit.
Submit seven (7) sets of excavation/grading plans and two (2) preliminary
soil reports to the Building Division for review and approval prior to the
issuance of a grading permit.
Exhibit A
Resolution 3762
December 11 , 2000
Page 3
(3)
(3)
(1 )
(1 )
(3)
(3)
(1 )
(3)
(3)
(3)
2.5
A letter of pad certification and a final compaction report shall be
submitted by the Engineer of record to the Building Division for review and
approval prior to the issuance of a building permit.
2.6
Four (4) sets of on-site improvement plans including proposed storm
drains, on-site private improvements, circulation, street sections, curbs,
gutters, sidewalks, and storm drains shall be submitted to the Building
Division for review and approval prior to the issuance of a building permit.
Any improvements proposed including drainage, vegetation, circulation,
street sections, curbs, gutters, sidewalks, and storm drains shall comply
with the City's on-site improvement standards.
2.7
The trash enclosure shall be constructed of a solid decorative wall and
gate that matches the materials and colors of the building and be a
minimum of six (6) feet in height. Solid metal, self-closing, self-latching
gates shall be provided on the enclosure. The details of the enclosure
shall be reviewed during Building Plan Check and are subject to approval
by the Community Development Department. Details shall include gate
attachment, architecture, color, and materials. The exterior color and
finish material shall match the main building.
2.8
Trash enclosures shall comply with the current refuse contractor and City
of Tustin standards.
2.9
The occupant load and occupancy shall be identified on the floor plan and
shall comply with Uniform Building Code Chapter 3, Chapter 10 and
minimum egress requirements in Table 10-A.
2.1 Q A level floor or landing shall be provided at all doors. This area shall have
a minimum length of 60 inches in the direction of the door swing and 48
inches in the opposite direction of the door swing.
2.11
All existing and new utility lines shall be placed underground from the
service pole to the building. A note shall be placed on the site plan stating
that all utilities shall be placed underground.
2.12 All restrooms shall be accessible to persons with disabilities as per State
of California Accessibility Standards, (Title 24), plumbing fixture units are
required to comply with the Uniform Building Code Appendix, Chapter 29,
as per type of group occupancy or as approved by the Building Official.
2.13 Vehicle parking, primary entrance into the building, the primary paths of
travel, sanitary facilities, drinking fountains and public telephones shall be
accessible to persons with disabilities.
2.14 Parking for disabled persons shall be provided with an additional five (5)
foot loading area with striping and ramp. Disabled persons shall be able
Exhibit A
Resolution 3762
December 11, 2000
Page 4
(5)
(3)
(3)
(3)
(1 )
(1 )
(1 )
(2)
(2)
to park and access the building without passing behind another car. At
least one (1) accessible space shall be van accessible served by a
minimum 96 inch wide loading area.
2.15 The gates of the "secured parking space" shall be removed from the plans.
2.16 All exterior openings shall be protected as specified in Table 5-A of the
1997 Uniform Building Code.
2.11 The canvas awnings shall be State of California approved fire retardant
material.
2.18 All glass doors and windows in or adjacent to doors shall be tempered per
Uniform Building Code Section 2406.4.
2.19 A surety/cash bond will be provided 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.
2.20 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 residence. 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.
2.21
Submit preliminary technical detail and all plans for all four utility
installations including telephone, gas, water and electricity. Additionally, a
note on plans shall be included stating that no field changes shall be
made without corrections submitted to and approved by the Building
Official.
2.22 Drainage, vegetation, circulation, street sections, curbs, gutters,
sidewalks, and storm drains shall comply with the on-site private
Improvement Standards.
2.23 All site drainage shall be handled on site and shall not be permitted to drain
onto adjacent properties.
(2)
2.214 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 drain 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 3762
December 11 , 2000
Page 5
(2)
(1 )
(4)
(1 )
(1 )
(4)
(4)
(4)
(4)
2.25 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.
2.26 The location of any utility vents or other equipment shall be provided on a
roof plan.
2.27 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.
2.28 Details of the proposed windows and doors shall be provided in a schedule.
2.29 All exposed metal flashing or trim shall be anodized or painted compatible
with main buildings.
2.30 All exterior colors to be used shall be subject to the review and approval by
the Community Development Department. 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.
2.31
No exterior downspouts shall be permitted on any façade of the building
which are visible from adjacent streets or residential/commercial areas.
2.32 Roof scuppers shall be installed with a special lip device so that overflow
drainage will not stain the walls.
2.33 Enclosure of electric and gas meters shall be compatible with the building
treatment.
(4)
2.34 All exposed metal flashing or trim shall be anodized or painted compatible
with the building.
(4)
2.35 Prior to issuance of building permits the applicant shall submit cross-section
details of the roof-top showing the installation of the proposed roof-top
equipment. Roof-top equipment shall be installed and maintained so that
they are not visible from public view. All parapets shall be at least six inches
(6") above any roof-mounted equipment, vents, and exhausts. All screening
shall be incorporated into the building and shall be compatible with the
design of the building.
(2)
2.36 The applicant shall provide a photometric study showing the location and
anticipated distribution pattern of light of all proposed fixtures. Exterior
lighting shall comply with the requirements within the City of Tustin Security
Exhibit A
Resolution 3762
December 11, 2000
Page 6
Ordinance, be designed and located so as to confine direct rays onto the
premises and prevent glare on the surrounding residential properties, and
not exceed ten (10) feet in height. Parking lot and wall mounted fixtures
shall be directed at a gO-degree angle directly toward the ground. All
lighting shall be developed to provide a minimum of one (1) foot candle of
light coverage, in accordance with the City's Security Code. A note shall be
provided on the plans that "All parking areas shall be illuminated with a
minimum of one footcandle of light, and lighting shall not produce light or
glare or have a negative impact on adjacent properties." The lighting plan
shall identify all exterior building mounted as well as free standing lighting.
Manufacturer's brochures of all lighting detail including type of fixture and
intensity shall also be provided.
2.37 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 demolition or building
construction stages. Gated entrances shall be permitted along the frontage
of the site for construction vehicles.
(2)
LANDSCAPING
(4)
3.1
(1) 3.2
SIGNAGE
(3) 4.1
(4) 4.2
(5)
4.3
The site shall be landscaped consistent with the City's Landscaping and
Irrigation Guidelines. Landscaping shall consist of sufficient numbers of
shrubs and trees to provide adequate screening of the parking area, subject
to the satisfaction of the Community Development Director.
Provide an irrigation plan depicting the installation of an automatic irrigation
system.
A separate set of plans for the sign program shall be submitted at plan
check for review and approval by the Community Development Department.
Signs shall be maintained in good condition at all times. Illuminated signs
with flickering bulbs, burned out bulbs, and/or broken lights shall be
repaired in a period not to exceed 48 hours from the time it is noticed. The
entire sign shall not be illuminated until all repairs have been made. All
conduit, raceways, crossovers, wiring, ballast boxes, transformers, and
other necessary equipment for signs shall be concealed.
Directional signage shall be placed on the front façade of the building
indicating that parking is located at the rear of the building or available at
the public parking structure on C Street. The design, location, size, colors,
and materials of the sign shall be submitted for review and approval by the
Community Development Department at plan check.
Exhibit A
Resolution 3762
December 11 , 2000
Page 7
USE RESTRICTIONS
(5)
5.1
(5)
5.2
(5)
(5)
5.3
5.4
(1 )
5.5
(1 )
5.6
(1 )
5.7
A minimum of fourteen (14) off-street parking spaces shall be provided
based on the requirement of one (1) parking space shall be provided for
every 200 square feet of gross floor area. Six (6) on-site parking spaces
shall be provided. Prior to the issuance of building permits, the applicant
shall enter into a parking agreement with the City of Tustin Redevelopment
Agency for eight (8) off-site parking spaces at a location in the vicinity of the
property approved by the Redevelopment Agency.
Parking of service vehicles during business hours within required parking
spaces shall not be permitted. Additional parking shall be provided for each
service vehicle parked during business hours through the lease agreement
with the Redevelopment Agency.
Plumbing repair or service shall not be permitted withinthe parking area.
A total of 2,165 square feet of chiropractor office use and 550 square feet
of retail use shall be provided. Any modifications to this allocation of uses
may be considered by the Community Development Department if
sufficient on-site parking is provided or off-site parking is secured by the
applicant or property owner.
If, at any time in the future, the City is advised or is otherwise made aware
and concurs that an on-site or off-site parking problem exists as a result of
the proposed development, the Community Development Department
may require the property owner to submit a parking demand analysis at
no expense to the City and within a timeframe stipulated by the City to
develop mitigation measures to be implemented by the property owner.
Said mitigation may include, but not be limited to, providing additional
parking within 500 feet of the proposed development.
Prior to issuance of Certificate of Occupancy, the applicant shall prepare
and record a deed restriction to ensure that the proposed distribution of
medical office and retail are not modified or that additional off-street
parking is provided in the future if more intensive uses are proposed to
occupy the building. A draft deed restriction agreement shall be submitted
to the Community Development Department and City Attorney for review
prior to recordation. Evidence of recordation shall be provided to the
Community Development Department prior to the issuance of a Certificate
of Occupancy. The deed restriction shall not be removed without the
written approval from the City.
The hours of operation for both the plumbing store and the chiropractor's
office shall limited to 8:00 a.m. to 10:00 p.m. daily.
Exhibit A
Resolution 3762
December 11, 2000
Page 8
(1 )
5.8
(1 )
5.9
All landscaping shall be maintained at all times and dead vegetation shall
be removed and replaced immediately.
The awnings shall be maintained in good condition at all times.
PUBLIC VYORKS
(5)
6.1
(2)
6.2
(1 )
6.3
The site plan identifies a 15-foot-wide alley along the easterly side of this
property which provides access to the proposed parking lot. This is not a
public alley. The City does however have a 15-foot-wid~ easement at this
location for sanitary sewer purposes which extends from Second Street to
Third Street. A reciprocal ingress and egress agreement shall be
provided between all the properties located between Second Street and
Third Street. Subject to the review and approval by the Community
Development Department, the applicant shall provide evidence of
recorded reciprocal access agreement prior to issuance of demolition
permits.
Preparation of a sedimentation and erosion control plan for all work
related to this development shall be provided.
A separate 24" x 36" street improvement plan, as prepared by a California
Registered Civil Engineer, shall be provided for all construction within the
public right-of-way. Construction and/or replacement of any missing or
damaged public improvements will be required adjacent to this
development. The level of detail on this plan shall accurately identify the
locations of the existing interlocking pavers, the existing concrete panels
and all proposed construction. All new concrete shall match the existing
with respect to color, texture, and score lines. Any disturbed or relocated
interlocking pavers shall be replaced and/or reconstructed to match the
existing, to the satisfaction of the City Engineer. Maintaining the aesthetic
quality of those improvements is a priority within the Old Town area. Said
plan shall include, but not be limited to, the following:
.
Curb and gutter;
Sidewalk, including curb ramps for the physically disabled;
Drive aprons;
Signing/striping plan;
Domestic 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.
Exhibit A
Resolution 3762
December 11, 2000
Page 9
(1 )
6.4
(1 )
6.5
(1 )
6.6
(2)
6.7
(2)
6.8
A final grading plan showing all pertinent elevations as they pertain to the
public right-of-way along with delineating the following information shall be
prepared and submitted:
. 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.
Prior to any work in the public right-of-way, an Encroachment Permit shall
be obtained from and applicable fees paid to the Public Works
Department.
The developer shall be responsible for any traffic signing and/or striping
along EI Camino Real which will be required as a result of this
development. The City is currently completing a design of diagonal
parking in front of this site. The applicant shall be responsible for
modifications to the parking due to changes in the driveway configuration.
A 24-inch by 36-inch reproducible signing and striping plan will be
provided and said plan shall be prepared by a California Registered
Engineer.
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.
The applicant shall comply with the following conditions pertaining to the
requirement for a Water Quality Management Plan:
A.
Prior to issuance of building permits, the applicant shall submit for
approval by the Community Development and Public Works
Departments, a Water Quality Management Plan (WQMP)
specifically identifying Best Management Practices (BMPs) that will
be used on site to control predictable pollutant run-off.
This WQMP shall identify the following: structural and non-structural
measures specified detailing implementation of BMPs whenever they
are applicable to the project; the assignment of long-term
maintenance responsibilities (specifying the developer, parcel owner,
maintenance association, lessee, etc.); and, reference to the
location(s) of structural BMPs.
B.
Prior to issuance of grading or demolition permits, the applicant shall
obtain coverage under the NPDES Statewide Industrial Stormwater
Exhibit A
Resolution 3762
December 11, 2000
Page 10
(2)
(2)
NOISE
(2)
(2)
(2)
6.9
Permit for General Construction Activities from the State Water
Resources Control Board. Evidence that this has been obtained
shall be submitted to the Building Official of the City of Tustin.
All necessary precautions and preventive measures shall be in place in
order to prevent material from being washed away by surface waters or
blown by wind. These controls shall include at a minimum: Regular wetting
of surface or other similar wind control method, installation of straw or fiber
mats to prevent rain related erosion. Detention basin(s) or other
appropriately sized barrier to surface flow must be installed at the discharge
point(s) of drainage from the site. Any water collected from these controls
shall be appropriately disposed of at a disposal site. These measures shall
be added as general notes on the site plan and a statement added that the
operator is responsible for ensuring that these measures continue to be
effective during the duration of the project construction.
6.10 Appropriate controls shall be installed to prevent all materials from being
tracked off-site by vehicles or other means. These controls may include
gravel exits or wash-down areas. Any materials tracked off site must be
removed as soon as possible, but no later than the end of the operation
day. This material shall be disposed of at an appropriate disposal site.
These measures shall be added as general notes on the site plan and a
statement added that the operator is responsible for ensuring that these
measures continue to be effective during the duration of the project
construction.
7.1
7.2
7.3
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.
Construction hours shall be clearly posted on the project site to the
satisfaction of the Building Official.
All requirements of the City's Noise Ordinance shall be met at all times.
ORANGE COUNTY FIRE AUTHORITY
(5)
8.1
All required fire protection access easements and pathways shall be
provided on the site plan. Conditions of approval shall be included to
prohibit obstructions within the fire protection access easement. The
approval of the Fire Chief is required for any modifications within said
easement.
Exhibit A
Resolution 3762
December 11 , 2000
Page 11
(5)
(5)
(5)
(5)
(5)
(5)
(5)
(5)
(5)
8.2
Prior to the issuance of a building permit the applicant shall submit to the
Fire Chief evidence of the on site fire hydrant system and indicate whether it
is public or private. If the system is private, the system shall be reviewed
and approved by the Fire Chief prior to issuance of building permits.
, Provisions shall be made by the applicant for the repair and maintenance of
the system, in a manner meeting the approval of the Fire Chief.
8.3
Prior to the issuance of a building permit, the applicant shall submit a fire
hydrant location plan for the review and approval of the Fire Chief.
8.4
Prior to the issuance of any certificate of use and occupancy, all fire
hydrants shall have blue reflective pavement markers indicating the hydrant
location on the street or drive per the Orange County Fire Authority
Standard as approved by the Fire Chief. These markers are to be
maintained in good condition by the property owner.
8.5
Prior to the issuance of a building permit, the applicant shall provide
evidence of adequate fire flow. The Orange County Fire Authority Water
Availability for Fire Protection form shall be signed by the applicable water
district and submitted for approval to the Orange County Fire Authority. If
sufficient water to meet fire flow requirements is not available, an
automatic fire extinguishing system may be required in each structure
affected by insufficient fire flow.
8.6
Prior to the issuance of a building permit, a note shall be placed on the
plans stating that the commercial structure shall be protected by an
automatic fire sprinkler system, in a manner meeting the approval of the
Fire Chief.
8.7
Prior to the issuance of a building permit the applicant shall submit plans
for any required automatic fire sprinkler system in any structure to the
OCFA for review and approval.
8.8
Prior to the issuance of a certificate of use and occupancy, the required
automatic sprinkler systems shall be operational in a manner meeting the
approval of the Fire Chief.
8.9
Prior to the issuance of a building permit for combustible construction, the
builder shall submit a letter on company letterhead stating that water for
fire-fighting purposes and the all weather fire protection access roads
shall be in place and operational before any combustible material is
placed on-site.
8.10 Prior to the issuance of a building permit, the applicant shall submit a
detailed letter of intended use for the building to the Fire Chief for review
and approval.
Exhibit A
Resolution 3762
December 11, 2000
Page 12
(5)
8.H
FEES
(1 )
9.1
(2)
9.2
Prior to the issuance of a building permit, plans for the fire alarm system
shall be submitted to the Fire Chief for review and approval. This system
shall be operational prior to the issuance of a Certificate of Use and
Occupancy.
Prior to issuance of a building permit, 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 and
consistent with the Old Town Fee Waiver Policy.
b.
Orange County Fire Authority plan check and inspection fees to the
Community Development Department based upon the most current
schedule.
c.
Payment of the Orange County Sanitation District No.7 Sewer
Connection Fees at the time a building permit is issued. The
current fee is $675.00 per 1000 square feet of building area.
d.
Payment of the Major Thoroughfare and Bridge Fees to the Tustin
Public Works Department at the time a building permit is issued.
The current fee is $3.16 per square footage of building area.
e.
School facilities fee to the Tustin Unified School District subject to
any agreement reached and executed between the District and the
applicant.
f.
Transportation System Improvement Program (TSIP), Benefit Area
"A" fees in the amount of $5.53 per square foot of new or added
gross square floor area of construction or improvements to the
Community Development Department.
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.
EXHIBIT B
RESOLUTION NO. 3762
CERTIFICATE OF APPROPRIATENESS
215 EI Camino Real (Helm)
In accordance with Ordinance No. 1001 which was adopted June 20, 1988 by the Tustin City
Council, the Community Development Director has the authority to approve, approve with conditions
or deny Certificates of Appropriateness for improvements requiring a City building permit for property
located within a Cultural Resource District. The proposed project includes the demolition of an
existing commercial building and the construction of a 2,715 square foot one-story commercial
building to accommodate two tenants: a chiropractor and a plumbing store. The existing commercial
building is a "D" rated Craftsman commercial structure per the Tustin Historical Resources Survey.
The Community Development Department finds and determines as follows:
A. In accordance with Tustin City Code Section 9252(1), the proposed demolition conforms to the
Municipal Code and the City of Tustin regulations for demolition. The existing building is a "D"
rated building with significant modifications made since its original construction in 1920 which
have eroded its character. Deferred maintenance has eliminated the option of reconstruction
or restoration from being physically possible, economically feasible or practical. The proposed
demolition does not adversely affect the character of the Cultural Resources District in that
the proposed replacement structure is in keeping with the architectural style of the commercial
buildings within Old Town Tustin and will enhance the surrounding neighborhood.
B. In accordance with Tustin City Code Section 9252(H)(2)(a) the proposed work as conditioned,
conforms to the Municipal Code.
C. In accordance with Tustin City Code Section 9252(H)(2)(b), the proposed work will not
adversely affect the character of the Cultural Resource District or resources within Old Town
Tustin in that the replacement structure is compatible with existing buildings and development
patterns.
D. In accordance with Tustin City Code Section 9252(H)(2)(c), the proposed work is harmonious
with the existing surroundings. In evaluating this, the appropriateness of materials, scale,
size, height, placement and use of the new building in relation to existing structures and the
surrounding setting was considered.
The proposed work is hereby approved, subject to the following conditions:
The applicant shall comply with all other conditions of approval for Conditional Use Permit 99-
032 and Design Review 99-041 contained in Exhibit A of Planning Commission Resolution
No. 3762.
s:~cddUori~certoapprop~215SECR.doc