HomeMy WebLinkAbout03 CUP 05-015
ITEM #3
Report to the
Planning Commission
DATE:
AUGUST 8, 2005
CONDITIONAL USE PERMIT 05-015
SUBJECT:
OWNER:
WALTER C. EMERY
FIVE J'S LLC.
9631 SIERRA VISTA
LA MESA, CA 91941
APPLICANT:
LOCATION:
LOREN B. SHOOK
SILVERADO SENIOR LIVING
27123 CALLE ARROYO
SAN JUAN CAPISTRANO, CA 91941
240 EAST THIRD STREET
GENERAL PLAN: COMMUNITY COMMERCIAL
ZONING:
CENTRAL COMMERCIAL WITH COMBINING PARKING (C-2P)
ENVIRONMENTAL
STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO
SECTION 15301, CLASS 1 OF TITLE 14, CHAPTER 3 OF THE
CALIFORNIA CODE OF REGULATIONS (GUIDELINES FOR THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT).
A REQUEST FOR AUTHORIZATION TO CONVERT AN
EXISTING REST HOME FOR THE ELDERLY INTO A REST
HOME FOR ALZHEIMER PATIENTS AND INCREASE THE
OCCUPANCY FROM THIRTY-TWO (32) PATIENTS TO FORTY-
TWO (42) PATIENTS AT 240 E. THIRD STREET.
RECOMMENDATION
REQUEST:
That the Planning Commission adopt Resolution No. 3984 approving Conditional Use
Permit 05-015 authorizing the conversion of an existing rest home for the elderly into a
rest home for Alzheimer patients and increasing the occupancy from thirty-two (32)
patients to forty-two (42) patients at 240 E. Third Street.
Planning Commission Report
August 8, 2005
CUP 05-015
Page 2
BACKGROUND
The project site is a .64 acre parcel improved with an existing rest home for the elderly
and surrounded by the Main Street Reservoir to the west and south, a mobile home
park across Third Street to the north, and vacant apartments (triplexes) to the east
(Attachment A - Location Map). The site is zoned Central Commercial with Combining
Parking (C-2P) District and designated by the General Plan as Community Commercial
which allows rest homes with the approval of a Conditional Use Permit.
On December 14, 1964, Use Permit 64-181 was granted to allow for the construction of a
rest home to accommodate fourteen (14) patients and one (1) resident manager. On
April 22, 1968, Use Permit 68-257 was granted to allow for a seventeen (17) room
addition and an increase in occupancy to thirty-one (31) patients and one (1) resident
manager. In 1999, upon acquiring adjacent property to accommodate the Main Street
Reservoir project, the City entered into an agreement with the property owners granting a
license for the non-exclusive use of eight (8) parking spaces on the City's adjoining
parking lot for and during the operation of the rest home.
The project is within the Town Center Redevelopment Project Area. Redevelopment staff
have worked closely with the Community Development Department and support the
proposed project.
PROPOSED PROJECT
Silverado Senior Living proposes to acquire the subject property, convert the existing rest
home for the elderly into a rest home for Alzheimer patients, and increase the occupancy
from thirty-two (32) patients to forty-two (42) patients. The proposed conversion includes
refurbishing the existing building and adding features such as an outdoor patio, outdoor
garden, and painting of the exterior of the building.
Tenant Relocation
At the preliminary meeting with the applicant and although the City has no relocation
obligations, staff expressed a concern with the possibility that existing senior tenants
could be displaced and asked the applicant to address this issue. In response, the
applicant indicated that arrangements have been made to offer the existing senior
residents the opportunity to relocate to Tustin Royale Apartments located on Bryan
Avenue in Tustin (Attachment C). City staff have received no written or telephone
concerns from any of the existing residents regarding their displacement.
Proposed Improvements
The existing paved entry to the site is proposed to be converted into a fenced outdoor
garden area for residents. The fence and gates would be made of six (6) foot high
Planning Commission Report
August8,2005
CUP 05-015
Page 3
wrought iron equipped with delayed egress hardware to provide a safe and secure
environment for residents and guests. The garden area will be landscaped and
designed with a gazebo in the front and walkways along the western side of the building
to allow residents to stroll outdoors safely.
The existing outdoor patio off of the main dining room will also be fenced in with a six
(6) foot high wrought iron fence to create a new dining terrace. Staff recommends that
the outdoor patio off of the main dining room be fenced in with Plexiglas panels to
soften the building's appearance and retain visibility of the building's architecture.
The exterior of the building will also be painted with "Baja White" as the stucco color,
"Dessert Grey" (Taupe) the building's eaves and fascia, "Whisper" (Off White) on all
French doors, and "Cocoa" (Dark Brown) on wrought iron fences and gates.
Currently, a storage shed is placed within the site's parking area. The applicant has
indicated that the storage shed will be removed and Condition 1.10 is proposed to
ensure the removal of the storage shed prior to final inspection.
Parkinø and Traffic
Tustin City Code Section 9232.c.(2) requires one (1) parking space for each three (3)
residents or patients. The site is improved with six (6) parking spaces and there are eight
(8) non-exclusive parking spaces at the adjacent City-owned Main Street Reservoir
parking lot set aside for the rest home. With a total of fourteen (14) parking spaces, forty-
two (42) residents or patients could be accommodated. Condition 1.9 is proposed to limit
the maximum number of patients at any given time to forty-two (42) persons.
The Traffic Engineer has determined that while the increase in occupancy would generate
additional daily trips in the AM and PM peak hours, the increase can be accommodated
by the existing street system capacity with no impact to existing levels of service.
Environmental Analvsis
This project is categorically exempt pursuant to Section 15301, Class 1 of Title 14,
Chapter 3 of the California Code of Regulations (Guidelines for the California
Environmental Quality Act).
~ Q-~ tl-r-
Dana Ogdon
Assistant Director
Planning Commission Report
August 8, 2005
CUP 05-015
Page 4
Attachments:
A. Location Map
B. Submitted Plans
C. Letter from Tustin Royale
D. Resolution No. 3984
D:UNAS FOLDERICUP 05-015.doc
ATTACHMENT A
Location Map
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PROJECT NO.
ADDRESS
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CUP 05-015
240 E. Third Street
Tustin, CA
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ilL VEIlADO SEI«) UVING
240 E 3RD BTIEET. TUSTIN, CA
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ATTACHMENT C
Letter from Tustin Royale
04/29/2005 15:02
.
9492407270
SILVERADO SENIOR LIV
PAGE 02
ij[USTIN
~OYALE
fRIENDLY
RETIREMENT
LIVING
March 15,2005
City of Tustin
, 300 Centennial Way
Tustin, Ca 92780
To Whom It May Concern:
Tustin Royale Retirement Home currently has approximately 40 beds available for
transfer of residents from the Tustin Hacienda Retirement Home.
We would love to welcome them into our community, I understand that most of the
residents wo~ love to stay in the Tustin area, c~ose to family and friends.
We are a beautiful facility designed for comfort, staffed with love, and managed ,with
care.
SmoaelY~ ~
SallYVelky.A~ ~
1262
BRYAN
A VENUE
TUSTIN.
CALIFORNIA
92680
(7 ! 4) 730-5009
ATTACHMENT D
Resolution No. 3984
RESOLUTION NO. 3984
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN APPROVING CONDITIONAL USE
PERMIT 05-015 AUTHORIZING THE CONVERSION OF AN
EXISTING REST HOME FOR THE ELDERLY LOCATED AT
240 E. THIRD STREET INTO A REST HOME FOR
ALZHEIMER PATIENTS AND INCREASING THE
OCCUPANCY FROM THIRTY-TWO (32) PATIENTS TO
FORTY-TWO (42) PATIENTS.
The Planning Commission does hereby resolve as follows:
I.
The Planning Commission finds and determines as follows:
A.
That a proper application for Conditional Use Permit 05-015 was filed by Mr.
Loren B. Shook, on behalf of Silverado Senior Living, requesting
authorization to the convert an existing rest home for the elderly located at
240 E. Third Street into a rest home for Alzheimer patients and increasing
the occupancy from thirty-two (32) patients to forty-two (42) patients.
B.
That the General Plan "Community Commercial" land use designation and
Central Commercial with Combining Parking (C-2) zoning district provide for
a variety of commercial uses such as retail businesses and service
businesses including rest homes with the approval of a Conditional Use
Permit. Rest homes are allowed with the approval of a Conditional Use
Permit as required by Section 9233.c(p) of the Tustin City Code. In
addition, the project has been reviewed for consistency with the Air Quality
Sub-element of the City of Tustin General Plan and has been determined to
be consistent with the Air Quality Sub-element.
C.
That a public hearing was duly called, noticed, and held on said application
on August 8, 2005, by the Planning Commission.
D.
That the establishment, maintenance, and operation of a rest home for
Alzheimer patients will not be detrimental to the health, safety, morals,
comfort, or general welfare of the persons residing or working in the
neighborhood, nor be injurious or detrimental to the property and
improvements in the neighborhood of the subject property, or to the general
welfare of the City of Tustin, in that:
1. As conditioned, the use would be limited to a rest home for Alzheimer
patients with no more than forty-two (42) patients at any given time.
2. As conditioned, the six (6) parking spaces on-site and the eight (8)
non-exclusive parking spaces at the adjacent City-owned Main
Street Reservoir parking lot could accommodate proposed use and
would not result in a parking impact to the site.
Resolution No. 3984
Conditional Use Permit 05-015
Page 2
3. The Traffic Engineer has determined that while the increase in
occupancy would generate additional daily trips in the AM and PM
peak hours, the increase can be accommodated by the existing
street system capacity with no impact to existing levels of service.
E.
This project is Categorically Exempt pursuant to Section 15301, Class 1 of
Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the
California Environmental Quality Act).
II.
The Planning Commission hereby approves Resolution No. 3984 authorizing the
conversion of an existing rest home for the elderly located at 240 E. Third Street
into a rest home for Alzheimer patients and increasing the occupancy from thirty-
two (32) patients to forty-two (42) patients, 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 on the 8th day of August, 2005.
JOHN NIELSEN
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. 3984 was
duly passed and adopted at a regular meeting of the Tustin Planning Commission, held
on the 8th day of August, 2005.
ELIZABETH A. BINSACK
Planning Commission Secretary
GENERAL
(1 )
1.1
(1 )
1.2
(1 )
1.3
(1 )
1.4
EXHIBIT A
RESOLUTION NO. 3984
CONDITIONAL USE PERMIT 05-015
CONDITIONS OF APPROVAL
The proposed use shall substantially conform to the submitted plans for the
project date stamped August 8, 2005, 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.
Unless otherwise specified, the conditions contained in this Exhibit shall be
complied with as specified, subject to review and approval by the
Community Development Department.
Approval of Conditional Use Permit 05-015 is contingent upon the applicant
and property owner signing and returning to the Community Development
Department a notarized "Agreement to Conditions Imposed" form and the
property owner signing and recording with the County Clerk-Recorder a
notarized "Notice of Discretionary Permit Approval and Conditions of
Approval" form. The forms shall be established by the Director of Community
Development, and evidence of recordation shall be provided to the
Community Development Department within ten (10) days of approval of
Conditional Use Permit 05-015.
As a condition of approval of Conditional Use Permit 05-015, the applicant
shall agree, at its sole cost and expense, to defend, indemnify, and hold
harmless the City, its officers, employees, agents, and consultants, from any
claim, action, or proceeding brought by a third party against the City, its
officers, agents, and employees, which seeks to attack, set aside, challenge,
void, or annul an approval of the City Council, the Planning Commission, or
any other decision-making body, including staff, concerning this project. The
City agrees to promptly notify the applicant of any such claim or action filed
against the City and to fully cooperate in the defense of any such action. The
City may, at its sole cost and expense, elect to participate in defense of any
such action under this condition.
SOURCE CODES
(1) STANDARD CONDITION
(2) CEQA MITIGATION
(3) UNIFORM BUILDING CODEIS
(4) DESIGN REVIEW
*** EXCEPTIONS
(5)
(6)
(7)
RESPONSIBLE AGENCY
REQUIREMENTS
LANDSCAPING GUIDELINES
PC/CC POLICY
(1 )
Exhibit A
Resolution 3984
Conditional Use Permit 05-015
Page 2
(1)
1.5
Any violation of any of the conditions imposed is subject to the payment of a
civil penalty of $100.00 for each violation, or such other amounts as the City
Council may establish by ordinance or resolution, and for each day the
violation exists, subject to the applicable notice, hearing, and appeal process
as established by the City Council ordinance.
The applicant shall be responsible for costs associated with any necessary
code enforcement action, including attorneys' fees, subject to the applicable
notice, hearing, and appeal process as established by the City Council by
ordinance.
(1 )
1.6
(1 )
1.7
In accordance to the State American with Disabilities Act (ADA), vehicle
parking, primary entrance to the building, the primary paths of travel,
sanitary facilities, drinking fountain, and public telephones would need to be
accessible to persons with disabilities. As proposed, a minimum of one (1)
ADA compliance parking space with a minimum of five (5) foot loading area
would need to be provided within the on-site parking area. You may need to
convert the remaining five (5) spaces into compact spaces to maintain the
number of required parking spaces to support the proposed 42-bed
occupancy.
1.8
The dining terrace shall be enclosed using Plexiglas as a fencing material
to retain visibility of the building's architecture.
Use Restrictions
(***)
(1 )
(1 )
(1 )
1.9
The maximum number of patients at any given time shall not exceed forty-
two (42) persons provided that the existing six (6) on-site parking spaces
and eight (8) parking spaces at the City's adjoining Water facility parking lot
remain available to serve the use. Any increase in the number of patients
would need to be reviewed and approved by the City of Tustin.
1.10 The existing storage shed located in the parking area would need to be
removed from the site. No outdoor storage shall be permitted except as
approved by the Community Development Director.
1.11
All signs shall require sign permits and shall comply with the Tustin Sign
Code.
1.12 The applicant shall develop a parking monitoring and enforcement
program subject to review and approval (which approval shall not be
withheld, conditioned, or delayed) of the Community Development Director
prior to establishment of the use to ensure that there is a sufficient number
of parking spaces available for the site If in the future the City determines
that there is an insufficient number of parking spaces available for the site,
the Community Development Director may require the applicant to
Exhibit A
Resolution 3984
Conditional Use Permit 05-015
Page 3
prepare a parking demand analysis at the applicant's cost. If said study
indicates that there is inadequate parking, the applicant shall be required
to provide additional reasonable mitigation measures to be reviewed and
approved (which approval shall not be withheld, conditioned, or delayed)
by the Community Development Department and/or Public Works
Department. Said additional mitigation measures may include, but are not
limited to, the following:
.
Encourage employees to car-pool or use public transportation
.
Demonstrate reasonable efforts to facilitate employee parking
spaces off-site, to the extent practical and reasonable.
.
Demonstrate reasonable efforts to secure additional property for
additional parking spaces.
(1 )
1.13 Conditional Use Permit 05-015 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 the conditions of approval. If the use is not operated in
accordance with Conditional Use Permit 05-015, the Community
Development Director shall impose such reasonable conditions as may be
required to ensure compliance with the Conditional Use Permit.
BUILDING DIVISION
(3)
2.1
At plan check submittal, please provide a minimum of one (1) ADA
compliant parking space with a minimum of five (5) foot loading area within
the on-site parking area per section 118A.1 of the 2001 California Building
Code (CBC). You may need to convert the remaining five (5) spaces into
compact spaces to maintain the number of required parking spaces to
support the proposed 42-bed occupancy.
(3)
2.2
At the time of building permit application, the plans shall comply with the
most recently adopted codes. The City is currently using the 2001 California
Building Code (CBC), 2001 California Mechanical Code (CMC), 2001
California Plumbing Code (CPC), 2001 California Electrical Code (CEC),
California Title 24 Accessibility Regulations, City Ordinances, and State and
Federal laws and regulations.
Building plan check submittal shall include the following:
. Seven (7) sets of construction plans, including
mechanical, plumbing, and electrical;
Two (2) copies of structural calculations; and
drawings for
.
Exhibit A
Resolution 3984
Conditional Use Permit 05-015
Page 4
(1 )
(5)
2.4
.
Elevations that include all proposed dimensions, materials, colors,
finishes, and partial outlines of adjacent buildings on-site and off-
site where applicable.
Vehicle parking, primary entrance to the building, the primary paths of
travel, sanitary facilities, drinking fountain, and public telephones shall
be accessible to persons with disabilities.
.
2.3
Prior to issuance of demolition, precise/rough grading, and/or building
permits with a valuation of $50,000 or greater, the applicant shall submit
for approval by the City of Tustin, Construction & Demolition (C&D) debris
collection, disposal, and diversion information in the City prescribed forms.
At least 50 percent of the construction debris shall be diverted from landfill
to the recycling plants. A security deposit in amount of $50 per ton (not to
exceed $5,000 per project) for Construction & Demolition security deposit
will be collected prior to issuance the permit. Prior to final inspection, the
applicant shall submit to the City of Tustin documents such as a receipt
from vendor showing actual weight or volume of each material of C&D
diverted to the recycling center. For any questions or concerns, please
contact Joe Meyers at (714) 573-3173.
Prior to permit issuance, clearances from the following are required:
Orange County Fire Authority and the State Department of Occupational
Safety and Health.
PUBLIC WORKS/ENGINEERING
(1 )
3.1
(1 )
3.2
(1 )
3.3
A separate 24" x 36" street improvement plan, as prepared by a California
Registered Civil Engineer, shall be required for all construction within the
public right-of-way. Construction and/or replacement of any missing or
damaged public improvements shall be required adjacent to this
development.
In addition, a 24" x 36" reproducible construction area traffic control plan,
as prepared by a California Registered Traffic Engineer or Civil Engineer
experienced in this type of plan preparation may be required.
Upon removal of the existing westerly driveway along East Third Street, the
applicant shall design and construct sidewalk, curb, and gutter per the City
of Tustin's Standard Drawings and Design Standards for Public Works
Construction.
Any damage done to existing street improvements and utilities shall be
repaired before issuance of Occupancy for the project.
Exhibit A
Resolution 3984
Conditional Use Permit 05-015
Page 5
(1 )
3.4
(1 )
3.5
(1 )
3.6
(5)
3.7
Current Federal American with Disabilities Act (ADA) requirements shall
be met at the drive aprons, curb ramp and sidewalk. The applicant shall
remove and replace any damaged and/ or missing driveway, curb ramps,
and sidewalk.
Prior to any work in the public right-of-way, an Encroachment Permit shall
be obtained and applicable fees paid to the Public Works Department.
The City of Tustin is required to comply with the recycling requirements
contained in the California Integrated Waste Management Act of 1989. To
facilitate the City's compliance with this law, the applicant shall comply
with Section 4327 of the Tustin City code which details requirements for
developing and implementing a Waste Management Plan. The applicant,
property owner, and/or tenant(s) are required to participate in the City's
recycling program.
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.
ORANGE COUNTY FIRE AUTHORITY
(5)
4.1
FEES
(1 )
5.1
Prior to issuance of a building permit, the applicant shall submit
architectural plans for the review and approval of the Fire Chief if required
per the "Orange County Fire Authority Plan Submittal Criteria Form." This
will determine the occupant load and will indicates if a change in use has
been made.
Prior to issuance of any building permits, payment shall be made of all
applicable fees based upon those rates in effect at the time of payment,
including but not limited to, the following:
a.
Building plan check and permit fees to the Community Development
Department.
b.
Orange County Fire Authority plan check and inspection fees to the
Community Development Department.
c.
Major Thoroughfare and Bridge Fees (TCA) to the Tustin Public
Works Department. The appropriate credit will be given to the
existing structures.
d.
Orange County Sanitation District No.7 Sewer Connection fees.
The appropriate credit will be given to the existing structures.
Exhibit A
Resolution 3984
Conditional Use Permit 05-015
Page 6
e.
Within forty-eight (48) hours of approval of the subject project, the
applicant shall deliver to the Community Development Department, a
CASHIER'S CHECK payable to the County Clerk in the amount of
forty-three dollars ($43.00) to enable the City to file the appropriate
environmental documentation for the project. If within such forty-eight
(48) hour period that applicant has not delivered to the Community
Development Department the above-noted check, the statute of
limitations for any interested party to challenge the environmental
determination under the provisions of the California Environmental
Quality Act could be significantly lengthened.