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RESOLUTION NO. 3786
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF TUSTIN,
APPROVING CONDITIONAL USE PERMIT 99-007
AND DESIGN REVIEW 99-006, AUTHORIZING THE
CONSTRUCTION OF A FIFTY-FOUR (54) UNIT
SENIOR AFFORDABLE HOUSING PROJECT AT
1101 SYCAMORE AVENUE.
The Planning Commission does herebY resolve as follows'
The Planning Commission finds and determines as follows'
A. That a proper application for Conditional Use Permit 99-007
and Design Review 99-006 was filed by American Senior
Living, inc. requesting authorization to construct a fifty-four
(54) unit senior affordable housing project on the property
located at 1101 Sycamore Avenue.
B. That the Proposed use is consistent with General Plan
Amendment 99-002, if approved by the City Council, which
changes the General Plan Land Use Designation from
"Public/Institutional" to "High Density Residential."
C. That the proposed use is consistent with Zone Change 99-
007, if approved by the City Council, which changes the
zoning of the property from Suburban Residential (R-4)
District to Multiple Family Residential (R-3) District.
D. That the Proposed use is allowed within the R-3 District with
the approval of a Conditional Use Permit.
E. That a public hearing was duly called, noticed, and held on
said application on May 14, 2001, by the Planning
Commission.
F. That the development of a fifty-four (54) unit senior affordable
housing project and 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 that the proposed project, as
conditioned, will not be injurious, detrimental to, or have a
negative effect on surrounding properties:
.
Establishing a senior affordable housing project at this
location will not be detrimental to the health, safety,
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Resolution No. 3786
CUP99-007 & DR99-006
Page 2
morals, comfort, and general welfare of the persons
residing in or working in the neighborhood nor injurious
or detrimental to property or improvements in the
vicinity since the proposed character and intensity of
the project is comparable to and compatible with
existing multiple family apartment developments to the
East and South, a hospital to the North, and a hospital
parking lot to the West. In addition, several operational
conditions are proposed that will ensure that the
operation will not impact existing uses located within
the immediate area;
,
The proposed Project complements existing or future
uses allowed by the Zoning Code in that the hospital to
the north would complement the needs of senior
residents and future uses within the vicinity could
provide job opportunities to the senior residents;
,
The proposed project would provide affordable housing
for seniors consistent with the goals and policies of the
General Plan;
.
The scale, massing, and design of the proposed facility
are appropriate for the area;
,
As conditioned, the proposed site plan provides for
sufficient vehicle ingress, egress., on-site maneuvering,
and parking; and,
o
Consistent with the Orange County and the City's
Master Plan of Arterial Highway, ten (10) feet of
additional street right-of-way along Sycamore Avenue
for future street widening as a secondary arterial
highway will be dedicated.
O~
Pursuant to Section 9272 of the Tustin Municipal Code, the
Commission finds that the location, size, architectural
features, and general appearance of Design Review 99-006,
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:
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Resolution No. 3786
CUP99-007 & DR99-006
Page 3
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.
Gl
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.
o
Location and appearance of equipment located outside
an enclosed structure.
10.
Location and method of refuse storage.
11.
Physical relationship of proposed structures to existing
structures in the neighborhood.
12.
Appearance and design relationship of proposed
structures to existing structures and possible future
structures in the neighborhood and public
thoroughfares.
13.
Proposed signage.
14.
Development Guidelines and criteria as adopted by the
City Council.
Hi
That the granting of a density bonus for a senior affordable
housing project is consistent with the Government Code
Section 65915 related to .Density Bonus Law, the goals and
policies of Tustin's General Plan, the requirement to provide
Tustin's share of affordable housings as identified in the
regional housing needs assessment, and a Housing Incentive
Agreement is required as a condition of approval 'for the
project.
That the dedication of a four (4) foot sidewalk behind the drive
apron is consistent with the requirement of the Americans with
Disabilities Act (ADA) related to adequate sidewalk area for
the disabled and is required to minimize impacts associated
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Resolution No. 3786
CUP99-007 & DR99-006
Page 4
with increase in pedestrian traffic
development of a senior housing project.
resulting from the
J.
A Negative Declaration has been prepared for this project in
accordance with the provisions of the California
Environmental Quality Act (CEQA) for final consideration by
the City Council.
!1.
The Planning Commission hereby approves Conditional Use Permit
99-007 and Design Review 99-006 to authorize construction of a
fifty-four (54) unit affordable senior housing project on the property
located at 1101 Sycamore Avenue, subject to the conditions
contained in Exhibit ^ attached hereto.
PASSED AND ADOPTED by the Planning Commission of the City of
Tustin, at a regular meeting on the 14th day of May, 2001.
LEES,_IE A. PONTIOUS
,..- ., ' - - 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. 3786 was duly passed and adopted at a regular meeting of
the Tustin Planning Commission, held on the 14th day of May, 2001.
ELIZABETH A. BINSA-',K
Planning Commission Secretary
EXHIBIT A
CONDITIONAL USE PERMIT (CUP) 99-007 AND
DESIGN REVIEW (DR) 99-006
CONDITIONS OF APPROVAL
RESOLUTION NO. 3786
GFNFRAI
1.1
The proposed project shall substantially conform with the submitted plans
for the project date stamped May 14, 2001, on file with the Community
Development Department, as herein modified, or unless otherwise
indicated, as modified by the Community Development Director in
accordance with this Exhibit. The Director may also approve subsequent
minor modifications to plans during plan check if such modifications are
consistent with provisions of the Tustin City Code or other applicable
regulations.
(1)
1.2
Unless otherwise specified, the conditions contained in this Exhibit shall'be
complied with prior to the issuance of any building permits .for .the project,
subject to review and approval by the Community Development
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
· 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)
1.4
Approval of Conditional 'Use Permit 99-007 and Design Review 99-006 shall
become null and void unless the City Council approves the General Plan
Amendment 99-002 and Zone Change 99-003.
(1)
1.5
Approval of Conditional Use Permit 99-007 and Design Review 99-006 are
contingent upon the applicant and property owner signing and returning to
the Community Development Department a notarized "Agreement to
Conditions Imposed" form and the property owner signing and recording
with the County Clerk-Recorder a notarized "Notice of Discretionary Permit
Approval and Conditions of Approval" form. The forms shall be established
by the Director of Community Development and evidence of recordation
shall be provided to the Community Development Department.
(1) 1.6
The applicant shall hold harmless and defend the City of Tustin from ali
claims and liabilities arising out of a challenge of the City's approval of this
project.
SOURCE CODES
(2)
(3)
(4)
STANDARD CONDITION
CEQA MITIGATION
UNIFORM BUILDING CODE/S
DESIGN REVIEW
EXCEPTIONS
(s)
(6)
(7)
RESPONSIBLE AGENCY
REQUI.REMENTS
LANDSCAPING GUIDELINES
PC/CC POLICY
Exhibit A - Conditions of Approval
Resolution No. 3786
CUP 99-007 & DR99-006
Page No. 2
(1) 1.7
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) 1.8
The applicant shall be respOnsible for costs associated with any necessary
code enforcement action.
(3) 1.9
The use shall be limited to fifty-four (54) independent living senior
apartments. Any changes in use or operation will require review and
approval from the Building Official and the Community Development
Director.
1.10
Pursuant to approval of a density bonus, the applicant shall enter into an
agreement with the City prior to issuance of grading or building permits to
continue the affordability of all very iow and lower-income units for not
less than thirty (30) years or a longer period of time if required by the
construction or mortgage financing assistance, program, mortgage
insurance program, or rental subsidy program. Those units for lower-
income households shall' be affordable at a rent that does not exceed 30
percent of 60 percent of area median income. Those units for very Iow-
income households shall be affordable at a rent that does not exceed 30
percent of 50 percent of area median income. The breakdown of
affordable units including number of units, type of units, income levels,
and rent levels shall be approved by the City prior to issuance of any
permits.
1.11
The applicant shall record the CC&Rs to limit occupancy to tenants 55
years of age or older in perpetuity. The CC&Rs shall prohibit conversion
of the senior housing project to any other forms of occupancy without the
review and approval of the City of Tustin.
1.12
The applicant shall enter into either a housing incentive agreement or an
affordable covenant restriction pursuant to a Redevelopment Loan
Agreement with the City of Tustin. The housing incentive agreement shall
be reviewed by the Planning Commission and the City Attorney. The
Planning Commission shall provide a recommendation to the City Council
for final approval. The Agreement shall be recorded prior to the issuance
of building permits and shall include at least the following'
The total number of units approved for the project including the
number of affordable units.
Exhibit A- Conditions of Approval
Resolution No. 3786
CUP 99-007 & DR99-006
Page No. 3
(1) 1.13
(6) 1.14
(2) 1.15
A description of the household income group to be accommodated by
the project and the standards for determining the corresponding
affordable rent.
The location, unit sizes (square feet), and number of bedrooms of
affordable units.
Affordability restrictions for affordable units of at least 30 years.
A schedule for completion and occupancy of affordable units.
A description of the Concession or Incentive or other Incentive of
Equivalent being provided by the City.
A description of remedies for breach of the Agreement by either party.
Other provisions to ensure implementation and compliance with this
Chapter and State Law.
The rules and procedures for qualifying tenants, establishing
affordable rent, filling vacancies, and maintaining affordable units for
qualified tenants.
Provisions requiring the owner to verify tenant incomes and maintain
books and records to demonstrate compliance with this Chapter and
State Law.
Provisions requiring owners to submit an annual report to the City,
which includes the name, address, and income of each person
occupying affordable units, and which identifies the bedroom size and
monthly rent or cost of each affordable unit.
The applicant shall comply with Tustin Noise Ordinance to limit all exterior
and interior noise levels to the established standards.
All plant materials shall be installed in a healthy and vigorous condition
typical to the species and shall be maintained in a neat and healthy
condition. Maintenance includes, but is not limited to, trimming, moving,
weeding, removal of litter, fertilizing, regular watering, and replacement of
diseased or dead plants.
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
Exhibit A- Conditions of Approval
Resolution No. 3786
CUP 99-007 & DR99-006
Page No. 4
p.m. on Saturday, unless otherwise determined by the Community
Development Director and/or Building Official. Construction activities are
prohibited on Sundays and City-observed Federal holidays.
(2) '1.16
Construction hours shall be clearly posted on the project site to the
satisfaction of the Building Official.
Site Plan
· (1) 1.17
Light fixture design shall complement the architectural design of the
buildings and comply with the Tustin City Code security ordinance. At a
minimum, there shall be lights projecting below roof eaves or from the
ground upward to complement the appearance of the building particularly
for the "South" building elevation facing Sycamore Avenue.
(1) 1.18
A minimum six (6) foot high decorative block wall shall be constructed
along the east, north, and west properly lines with the exception of the
front setback area where the wall shall be reduced to a maximum of three
(3) feet. The block wall shall be treated with anti-graffiti materials.
(1) 1.19
The wrought iron fence along the front shall be painted a flat green color
to complement the landscape area.
(1) 1.20
No fence or walls within the required front yard setback shall exceed three
(3) feet in height.
(7) 1.21
The site plan shall clearly depict existing improvements to the property,
such as power poles, etc. All new and existing utilities provided shall be
undergrounded. A note shall be added t° the site plan indicating that utilities
will be undergrounded.
Fic. v~tinn Plan
*** 1.22
The building exterior shall be painted with Color Scheme "B." Any
variation to the approved color scheme shall be reviewed and approved
by the Community Development Director.
*** 1.23
The foam strips on the exterior elevations shall be treated with hard
surface to create a grade separation between the two different stucco
types.
(1) 1.24
Roofing materials shall be full dimensional architectural composition
shingles with color and manufacturer to be approved by the Community
Development Department and the Redevelopment Agency.
Exhibit A- Conditions of Approval
Resolution No. 3786
CUP 99-007 & DR99-006
Page No. 5
(1)
1.25 All rooftop equipment shall be fully screened from public view.
1.26 A minimum of four (4) inch trim on all windows shall be provided.
[ ~ndsc&pe/Irrig2tion Plan
(1) 1.27'.
The site shall be landscaped consistent with the City's Landscaping and
Irrigation Guidelines. Landscaping shall consist of a combination of
berming and sufficient numbers of shrubs and trees to provide adequate
screening, subject to the satisfaction of the Community Development
Director.
*** 1.28
Perimeter landscape materials adjacent to the carports shall include a
minimum of four (4) feet to six (6) feet high shrub hedges.
(1) 1.29
A precise landscape and irrigation plan including landscape grading,
backflow preventors, and timers shall be reviewed and approved by the
Community Development Director prior to issuance of a building permit.
(6) 1.30
Provide a detailed landscape and irrigation .plan for all landscaping areas on
the site and include the following information:
a.
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.
d.
Ail property lines on the landscaping and irrigatiOn plan, public right-
of-way area, sidewalk widths, parkway areas, and wall locations, if
any.
eo
Note on landscaping plan that coverage of landscaping irrigation
materials is subject to field inspection at project completion by the
Community Development Department.
(6) 1.31
The submitted landscaping plans shall incorporate the following
requirements, either incorporated into the design or. included in the notes'
Exhibit A- Conditions of Approval
Resolution No. 3786
CUP 99-007 & DR99-006
Page No. 6
a.
Turf is unacceptable for grades over 25 percent. A combination of
planting materials must be used; ground cover on large areas alone
is not acceptable.
(6) 1.32
Parking Ama
(1) 1.33
(1) 1.34
(1) 1.35
gign.~
(1) 1.36
bo
Provide a minimum of one 15-gallon size tree and five 5-gallon
shrUbs for every 30 feet of property line on the property perimeter.
O.
Shrubs shall be a minimum of 5-gallon size and shall be spaced a
minimum of 5 feet on center when intended as screen planting.
d.
Ground cover shall be planted between 8 to 12 inches on center.
eo
When one-.gallon plant sizes are used, the spacing may vary.
according to materials used.
..
The landscape materials shall not conflict with the visual
requirements of any existing or proposed driveway approaches.
clearance
Open parking spaces along Sycamore Avenue shall be screened with a
three (3) foot high landscape mound, shrub, berm, or combination of
these elements.
Parking lot lighting shall be arranged so that direct rays do not shine on
adjacent property. Lighting fixtures and intensity of lighting shall be
subject to the review and approval of the Community Development
Director. At Building Plan Check, manufacturer's details of all lighting
fixtures and a lighting plan which identifies the location, type of fixtures,
and intensity (photometric study) of all exterior building-mounted and free-
standing lighting shall be provided. All light fixtures shall be architecturally
compatible with proposed structures.
A four (4) foot striping in lieu of curb face shall be provided between the
gate access and visitor parking to allow for added turning radius.
Signs shall conform to the City Of Tustin Sign Regulations for'Residential
Districts. The monument sign to identify the building shall not exceed six
(6) feet in height with a maximum of fifteen (15) square feet of sign area.
Exhibit A- Conditions of Approval
Resolution No. 3786
CUP 99-007 & DR99-006
Page No. 7
(1) 1.37
Directional signs shall not exceed six (6) square feet per face nor four (4)
feet in height and are limited to one (1) sign per entrance to the site.
(1) 1.38
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 the hours of darkness.
R~ilding 13ivi.~ir~n
(3) 2.1
At the time of building permit application, the plans shall comply with the
1998' California Building Code (CBC), 1998 California Mechanical Code
(CMC), 1998 California Plumbing Codes (CPC), 1998 California Electrical
Code (CEC), California Title 24 Accessibility Regulations, Title 24 Energy
Regulations, City Ordinances, and State and Federal laws and regulations.
Building plan check submittal shall include the following'
· Seven (7) sets of construction plans, including drawings for
mechanical, plumbing, and electrical.
· Two (2) copies of structural calculations.
· Two (2) copies of Title 24 energy calculations.
Elevations that include all proposed dimensions, materials, colors,
finishes, and partial outlines of adjacent buildings on site and off site
where applicable.
· Details for the proposed windows and doors.
· Roofing material shall be fire rated class "B" or better.
The location of any utility vents or other equipment shall be provided
on the roof plan.
A note shall be provided on the plans that' "Ail parking areas shall be
illuminated with a minimum of one (1) foot,candle of light, and lighting
shall not produce light, glare, or have a negative impact on adjacent
properties."
Provide a cross-section detail showing the installation of the proposed
rooftop equipment. Rooftop equipment shall be installed and maintained
below parapet so as not to be visible from the public right-of-way. An
Exhibit A- Conditions of Approval
Resolution No. 3786
CUP 99-007 & DR99-006
Page No. 8
(3) 2.2
(3) 2.3
(3) 2.4
(3) 2.5
(3) 2.6
(3) 2.7
(3) 2.8
(3) 2.9
(3) 2.10
(3) 2.'11
elevation showing rooftop equipment installation related to the height of
the parapet and proposed equipment must be identified at plan check
submittal and will be subject.to the approval of Community Development
Department Director.
Note on plans that no field changes shall be made without prior
approval from the Building Official and architect or engineer of record.
. Define building use on the plans and identify occupant load.
Project must comply with accessibility requirements for site, pool,
apartments (CBC section 1103.1.9 and 1106), egress, and refuge area
requirements in accordance with 1998 California Building Code Chapter 11.
Openings in exterior walls are 'not permitted less than five (5) feet from
property lines in accordance with the 1998 California Building Code (Table
SA).
Provide escape or rescue windows in all sleeping rooms in accordance with
the 1998 California Building Code (Section 310.4).
Provide area analysis for all buildings (residences and garages) and show
compliance with allowable floor areas based on 1998 California Building
Code Chapter 5, Table 5-B.
Dwelling units shall be provided with heating facilities capable of
maintaining a temperature of 70 degrees at a point three (3) feet above the
floor in all habitable rooms in accordance with the 1998 California Building
Code (Section 310.11 ).
Prior to permit issuance, clearances will be required from the Orange
County Health Department (for pool) and the Orange County Fire.Authority.
Provide information to ensure compliance with the requirements of the
Orange County Sanitation District No. 7.
..
Parking for disabled persons shall be provided with an additional five (5)
foot loading area with striping and ramp; disabled persons shall be able to
park and access the building without passing behind another car. At least
one (1) accessible space shall be van accessible served by a minimum 96-
inch wide loading area.
Seven (7) sets of final grading plans consistent with the site and
landscaping plans as prepared by a registered civil engineer shall be
submitted and shall include the following:
Exhibit A- Conditions of Approval
Resolution No. 3786
CUP 99-007 & DR99-006
Page No. 9
(7)
(3)
(3)
(3)
(3)
(3)
Technical details and plans for
telephone, gas, water, and electricity.
all utility installations including
Three (3) copies of precise soil report provided by a civil engineer and
less than one (1) year old. Expanded information regarding the levels
of hydrocarbons and ground water contamination found on site shall
be provided in the soil report. All pavement "R" values shall be in
accordance with applicable City of Tustin standards.
'0
All site drainage shall be handled on site and shall not be permitted to
drain onto adjacent properties.
Drainage, vegetation, circulation, street sections, curbs, gutters,
sidewalks, and storm drains shall comply with the on-site Private
Improvement Standards.
· Provide two (2) copies of Hydrology Report.
2.12
The applicant shall comply with all City policies regarding shor[-term
construction emissions, including periodic watering of the site and
prohibiting grading during second stage smog alerts and when wind
velocities exceed 15 miles per hour.
2.13
The engineer of record must submit a final compaction report to the
Building Division for review and approval prior to the issuance of a
building permit.
2.14. The engineer of record must submit a pad certification to the Building
Division for review and approval prior to the issuance of a building permit.
2.15
All construction activity Shall comply with the requirements of the City of
Tustin Grading Manual which requires frequent watering of the project site
to control dust and prohibiting grading during second stage smog alerts and
when wind velocities exceed 15 miles per hour.
2.16
All grading, drainage, vegetation and circulation shall comply with the City
of Tustin Grading Manual. 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.
2.17
Drainage, vegetation,
sidewalks, and storm
Improvement Standards.
circulation, street sections, curbs, gutters,
drains shall comply with the on-site Private
Exhibit A- Conditions of Approval
Resolution No. 3786
CUP 99-007 & DR99-006
Page No. 10
(3) 2.18
All site drainage shall be handled on site and shall not be permitted to drain
onto adjacent proper[les.
(5) 2.19
The applicant shall comply with the following conditions pertaining to the
requirement for a Water Quality Management Plan'
Prior to' issuance of building grading permits, the applicant shall
submit and obtain 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,
property maintenance, lessee, etc.); and, reference to the location(s)
of structural BMPs.
(5) 2.20
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.
(5) 2.2'1
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.
(3) 2.22
An erosion control plan shall be reviewed and approved by the Building
and Engineering Divisions prior to issuance of grading permits.
Exhibit A- Conditions of Approval
Resolution No. 3786
CUP 99-007 & DR99-006'
Page No. 11
(3) 2.23
(5) 2.24
(3) 2.25
(1) 2.26
(1) 2.27
naineerina
_ _~
A surety/cash bond is required.to assure work is completed in accordance
with approved plans prior to permit issuance. The. engineer's estimated
cost of the grading, drainage, and erosion control shall be submitted to the
BUilding Official for determination of the bond amount.
Provide information for compliance with the requirements of the Orar~ge
County Fire Authority, including fire flow and installation of fire hydrants
subject to approval of the City of Tustin Public Works and/or Irvine Ranch
Water District.
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.
Pursuant to the City of Tustin's Security Ordinance and the Uniform Fire
Code, street numbers shall be displayed in a prominent location on the
street side of the complex. 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.
Individual trash can service may be provided on the site provided that such
service is acceptable in writing by the City's solid waste hauler. In the event
that trash bin service is requested either at this time or in the future by the
City's solid waste hauler, an adequate size trash enclosure with solid metal,
self-closing, self-latching gates shall be provided. Said enclosure shall be
screened by a solid decorative wall consistent with the adjacent building's
material and finish and be of a minimum height of six (6) feet. The actual
location of the enclosure and types of screening and details of the
enclosure shall be submitted at building plan check and are subject to
approval by the Community Development Department. The location of the
bin, size, and quantity shall be reviewed and' accepted in writing by the
City's solid waste hauler. The applicant/owner shall comply with the City's
Source Reduction and Recycling Element and other recycling requirements
established by the Director of Public Works.
Dedication of ten (10) feet of additional street right-of-way along
Sycamore Avenue will be provided for future street widening, consistent
with the Orange County and the City's Master Plan for Arterial Highway.
The dedication shall be provided through an irrevocable offer of
dedication and shall be recorded prior to issuance of building permits.
Provide legal descriptions and sketches as prepared by a California
Exhibit A- Conditions of Approval
Resolution No. 3786
CUP 99-007'- & DR99-006
Page No. 12
(5) 3.2
(1) 3.3
(1) 3.4
.,
(1) 3.5
Registered Civil Engineer or California LiCensed
Engineering Division for review and approval.
Land Surveyor to
A separate twenty-four (24)inch by thirtY-six (36) inch street improvement
plan, as prepared by a California Registered Civil Engineer, will be
required for ali construction within the public right-of-way. Construction
and/or replacement of any missing or damaged public improvements will
be required adjacent to this development. Said plan shall include, but not
be limited to, the following'
a.
Curb and gutter;
Sidewalk, including curb ramps for the physically disabled;
Drive apron;
Domestic water facilities;
Sanitary sewer facilities; and,
Underground utility connections.
A twenty-four (24)inch by thirty-.six (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.
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'
a.
Final street elevations at key locations;
b.
Final pad/finished floor elevations and key elevations for all site
grading. Ali pad elevations to be a minimum of one (1) foot above
base flood elevation as defined by FEMA; and-,
c. All flood hazards of record.
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 American 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
Exhibit A - Conditions of Approval
Resolution No. 3786
CUP 99-007 & DR99-006
Page No. 13
California Licensed Land Surveyor, shall be submitted to the Engineering
Division for review and approval.
(1) 3.6
Project 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.
Fire Authority
The applicant shall obtain a recorded ingress/egress agreement from the
property owner north of the site for use of the drive aisle on the northerly
side of the subject property for emergency access to the "WEST" building
through the proposed pedestrian access gate. The recorded
ingress/egress agreement shall be obtained and provided to the
Community Development Director prior to the issuance of any permits. If
the recorded ingress/egress agreement cannot be obtained, the applicant
will need to work with the Orange County Fire Authority for an alternative
resolution to this issue.
4.2
The proposed pedestrian access gate at the north property line shall be
equipped with a Knox lock for emergency personnel access. An
additional fire personnel pedestrian access gate at the southwest corner
of the site shall be provided for fire access to the "WEST" building. This
pedestrian access gate also needs to be equipped with a Knox lock.
4.3
A Knox key override switch shall be installed for police/fire access.
Location for a Knox key override shall be installed at the front of the
automatic gate on the pilaster to the east of the driveway. Prior to the
issuance of any grading permits, the applicant shall submit and obtain the
Fire Chief's approval for the construction of any gate across required fire
authority access road/drives and walkways. Contact the Orange County
Fire Authority at (714) 744-0499 for a copy of the "Guidelines for Fire
Authority Emergency Access."
(1)
4.4
Prior to issuance of any grading permit, submit and obtain approval of
plans for all roads, streets, and courts, public or private, from the Fire
Chief in consultation with the Manager, Subdivision, and Grading Services
and submit to the Community Development Department in conjunction
with the next submittal. The plans shall include the plan view, sectional
view, and indicate the grade, and width of the street or court measured
flow line to flow line. All proposed fire apparatus turnarounds shall be
approved by the Fire Chief and, if needed, clearly marked when a dead-
end'street exceeds 150 feet or when otherwise required. Applicable
CC&Rs, or other approved documents, shall contain provisions which
prohibit obstructions such as speed bumps/humps, control gates, or other
Exhibit A - Conditions of Approval
Resolution No. 3786
CUP 99-007 & DR99-006
Page No. 14
modifications within said easement or access road unless prior approval
of the Fire Chief is granted.
(1) 4.5
The interCom direCtory. shall
department access.
allow for a minimum
of 20-foot fire
(1) 4.6
Prior to issuance of a building permit, submit and obtain approval from the
Fire Chief for fire lanes on required fire access roads less than 36 feet in
width and submit to the Community Development Department in
conjunction with the next submittal. 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.
(1)
4.7
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. A fire hydrant shall be located within 150 feet of all exterior
portions of the building.
(1)
4.8
Prior to the issuance of Certificate of Occupancy, all fire hydrants shall
have a blue reflective pavement marker 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.
(1)
'4.9
Prior to issuance of a building permit, submit plans for any required
automatic fire sprinkler system in any structure to the OCFA for review
and approval.
(1)
4.10
Prior to the issuance of a Certificate of Occupancy, the fire. sprinkler
system shall be operational in a manner meeting the approval of the Fire
Chief.
(1)-
4.11
4.12
Prior to the issuance of the certificate of use and occupancy, the
approved fire lanes shall be installed in accordance with the approved fire
lane plan. The CC&Rs or other approved documents 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 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
Exhibit A- Conditions of Approval
Resolution No. 3786
CUP 99-007 & DR99-006
Page No. 15
(1) 4.13
(1) 4.'14
(1) 4.15
fFf.~
shall be in place and operational before any combustible material is
placed on site subject to an on-site inspection.
Submit plans for the review and approval of the Fire Chief as indicated on
the OCFA Plan Submittal Criteria form. Contact the Orange County Fire
Authority at (714) 744-0403 for a copy of the Fire Safety Site/Architectural
Notes to be placed on the plans prior to submittal.
Plans for an approved fire-suppression system for the protection of
commercial-type cooking equipment 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.
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 building permits, payment shall be made of ali
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 and grading plan checks and permit fees to the
Community Development Department based on the most current
schedule.
b)
Private improvement plan check and permit fees.
c)
Orange County Fire Authority plan check and inspection fees to the
Community Development Department based upon the most current
schedule.
d)
New development fees in the amount of $350 per unit, plus $100
per bedroom over one in each unit.
e)
School facilities fee to the Tustin Unified School District subject to
any agreement reached and executed between the District and the
applicant.
f)
Payment of the Orange County Sanitation District No. 7 Sewer
Connection Fees at the time a building permit is issued. The
current fee is $580 per each one-bedroom unit and $910 per each
two-bedroom unit.
Exhibit A - Conditions of Approval
Resolution No. 3786
CUP 99-007 & DR99-006
Page No. 16
(1) 5.2
g)
Payment of the Major Thoroughfare and Bridge Fees to Tustin
Public Works Department at the time a building permit is issued.
The fee as of July 1,2000, is $1,621 per dwelling unit.
h)
Transportation System Improvement Program (TSIP) fees for area
"B" in the amount of $3.31 per Square foot.
Tustin Water District fees.
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.
Prior to the issuance of any permits, the applicant shall pay applicable
administrative fees at the discretion of the Redevelopment Agency in lieu
of any exemption for real estate tax due to non-profit ownership.
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