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Home My WebLink About02 CUP 04-008, DR 04-008, SCE 05-001 (2) Report to the Planning Commission ITEM #2 "tv 0 ...~~~., , ,", I "'1 .~. . ~i Q~,\:' DATE: MAY 22, 2006 CONDITIONAL USE PERMIT 04-008, DESIGN REVIEW 04-008, AND SIGN CODE EXCEPTION 05-001 SUBJECT: APPLICANT! PROPERTY OWNER: LOCATION: PADMINI WEERKKODY 1792 SAN JUAN STREET TUSTIN, CA 92780 1792 SAN JUAN STREET ZONING: SUBURBAN RESIDENTIAL (R4) ENVIRONMENTAL STATUS: A NEGATIVE DECLARATION WAS PREPARED PURSUANT TO ARTICLE 6 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) REQUEST: TO CONVERT AN EXISTING SINGLE-FAMILY RESIDENCE TO A COMMERCIAL PRESCHOOL FOR UP TO 49 CHILDREN WITH FIVE (5) INSTRUCTORS AND TO INSTALL AN ON-BUILDING SIGN. RECOMMENDATION That the Planning Commission: 1. Adopt Resolution No. 3979 adopting the Final Negative Declaration and making certain findings relating to Conditional Use Permit 04-008, Design Review 04-008, and Sign Code Exception 05-001, as required by the California Environmental Quality Act; and 2, Adopt Resolution No. 3980 approving Conditional Use Permit (CUP 04-008), Design Review (DR 04-008), and Sign Code Exception (SCE 05-001) for the conversion of an existing single-family dwelling into a preschool for up to 49 children with five (5) instructors and to allow an on-building sign for the use. Planning Commission Report CUP 04-008, DR 04-008, and SCE 05-001 Page 2 BACKGROUND Conditional Use Permit 04-008, Design Review 04-008, and Sign Code Exception 05-001, hereinafter referred to as "the project," is a request to convert an existing single-family dwelling into a preschool with up to 49 children and five (5) instructors, to construct site improvements to accommodate the preschool, and to establish an on-building sign. The proposed preschool hours are between 7:00 a.m. and 6:00 p.m. Monday through Friday. The matter was originally considered by the Planning Commission on August 22, 2005. Following the closure of the Public Hearing on this matter, the Planning Commission voted to continue the project until such time that the applicant could respond to several Planning Commission concerns identified in this staff report. An applicant and/or staff response is provided for each of the listed Planning Commission concerns. The original August 22, 2005, staff report is provided as Attachment A and provides project details presented at that meeting. PLANNING COMMISSION CONCERNS AND APPLICANT AND/OR STAFF RESPONSES The Commission's concerns included: . square foot per child requirement; . site signage; . parking, traffic, and circulation; o project affect on traffic; o illegal U-turns; o surrounding uses; o automobile, pedestrian and cyclist conflicts; o exacerbating curbside parking deficiencies; o the need for a traffic signal; o traffic study focus; o project/child drop off time; and, o public school growth impacts. The concerns raised by the Planning Commission with a response are provided as follows: Square foot per child requirement A concern was raised that the project building floor area may not contain adequate area (square foot/per child) as required by State law. The Community Care Licensing Division of the State Department of Social Services requires preschools to comply with the occupancy requirements of a permitting jurisdiction's fire department. The Orange County Fire Authority (OCFA) and the City Building Division reviewed the proposed project for compliance with Table 10-A (Attachment B) of the 2001 California Building Code requires that "nurseries for children" provide 35 square feet per child. The proposed use would occupy 1,718 square feet of classroom area which when divided by 35 equals exactly the number of children proposed (49). Therefore, the project would comply with the area requirements established by the State, OCFA, and City of Tustin. Planning Commission Report CUP 04-008, DR 04-008, and SCE 05-001 Page 3 In addition, staff research of the applicant's current preschool operation indicates that not all children are present on any given day. The absence of several children could be explained by sickness, vacations, or alternate schedule attendance. Site signage A comment was made at the August 22, 2005, Planning Commission meeting that an exhibit for the proposed on-building sign should be provided for review by the Planning Commission rather than left to the discretion of the Community Development Director at plan check. The applicant has provided a revised sign exhibit showing a proposed on- building sign which reads "First Montessori SchooL" The proposed sign is eight (8) inches high and approximately 14 feet wide with green acrylic channel letters. The 9.5 square foot sign would be centered below the highest pitch of the building roof that faces the street (Attachment C). Traffic, parking, and circulation The Planning Commission raised concerns at the August 22, 2005, meeting related to traffic, parking, and circulation. In the paragraphs to follow staff discusses the Planning Commissions specific concerns regarding traffic already generated by surrounding uses; automobile, pedestrian and cyclist conflicts; project potential to exacerbate curbside parking deficiencies; the potential need for a traffic signal; the traffic study focus; project/child drop off time; and, public school growth impacts. Project affect on traffic A comment was made at the August 22, 2005, Planning Commission meeting that any increase in traffic will exacerbate an existing traffic problem. The August 22, 2005, staff report contained an analysis from the Public Works Traffic Division concluding that the project has the potential to increase daily traffic volume to San Juan Street in the vicinity of the project site by nine (9) percent but that the increase is not considered to be significant since this segment of San Juan Street could handle the additional traffic at peak a.m. and p.m. hours. Subsequent to the August 22, 2005, Planning Commission meeting, the applicant hired a traffic engineer to prepare a traffic study (Attachment D) to address the Planning Commissions traffic concerns raised at the meeting. Page 14 of the traffic study concludes that San Juan Street is currently operating at 44 percent of daily capacity (6,000 vehicles per day). With the proposed project, the traffic study concluded that San Juan Street would operate at 47 percent capacity. The traffic study also concluded that traffic on San Juan Street is currently at 72.67 percent capacity during the morning peak hour and that with the proposed project it would operate at 79.16 percent capacity. The traffic study provided by the applicant also concludes that the project would contribute approximately a 6.5 percent increase in the morning peak hour rather than the nine (9) percent increase originally estimated. Planning Commission Report CUP 04-008, DR 04-008, and SCE 05-001 Page 4 The Public Works Department has reviewed the traffic study provided by the applicant and has provided a memo concluding that there is "sufficient technical information to address the issue of potential traffic impacts related to the proposed project." (Attachment E) The attached memo from the Public Works Department also reaffirms their position that the proposed project's related traffic will not cause the maximum daily roadway capacity to be exceeded and that peak hour trip increases from the project would have a less than significant traffic impact on local roadways and intersections. Illegal V-turns A concern was voiced that the project traffic could exacerbate the number of illegal U- turns that occur on San Juan Street at or near school sites and at the intersection of San Juan Street and Farmington Road. The Police Department has reviewed this matter and concluded that U-turns at the intersection of San Juan Street with Farmington Road are legal pursuant to the Vehicle Code (Attachment F). However, the Police Department has also indicated that U-turns along this segment of San Juan Street which are not at an intersection may constitute a violation of the Vehicle Code but that such turning movements would be difficult to perform due to the presence of parked vehicles along both curbs. The Police Department has indicated that the area could be monitored by a police unit to modify errant driving behavior. Surrounding uses A concern was voiced at the August 22, 2005, Planning Commission meeting that the proposed project is located in the vicinity of high traffic generating uses such as multiple family dwelling units, a residential tract, two schools, a church, and after school sports programs. It was also noted at that time that the City's traffic analysis was conducted during the winter recess, when schools were closed and vehicle trips were typically reduced. However, it should be noted that the City's traffic volume study took into consideration all existing neighborhood uses, including public schools while in session, and the Public Works Department previously confirmed that, using that traffic study, San Juan Street has sufficient capacity to handle the proposed project even when peak a.m. and p.m. hours are taken into account. Traffic volume counts were taken for the applicant's independent traffic engineer on October 19, 2005, that included vehicle trips generated by the adjacent high density multiple family dwelling units (Creekside Apartments), the residential tract across the street, nearby schools, and after school sports programs in the project vicinity. The traffic study shows and the Public Works Department has confirmed that San Juan Street has sufficient capacity to handle the proposed project even when peak a.m. and p.m. hours are considered. Planning Commission Report CUP 04-008, DR 04-008, and SCE 05-001 Page 5 Automobile, pedestrian, and cyclist conflicts A comment was made indicating that the area had a history of near accidents between vehicles and pedestrians. As indicated in the attached memo from the Police Department (Attachment F), no incident reports have been filed within the past five (5) years for automobile collisions with pedestrians or cyclists. Page 6 of the applicant's traffic study states that only two (2) non-injury vehicular collisions have occurred during the past 10 years. Exacerbating curbside parking deficiencies A comment was made that the area is currently lacking sufficient on-street parking. The preschool proposes to provide sufficient on-site parking spaces for employees and clients as required by the Tustin City Code. On-street parking is not required or anticipated to be a regular occurrence for parent/guardian drop-off of children and should not affect current on-street parking demand in the vicinity. As a condition of approval, parents/guardians will be required to use the on-site parking spaces for child drop-off and curbside parking on San Juan Street is proposed to be conditioned as prohibited except for special events. Traffic signal needed A comment was made at the August 22, 2005, Planning Commission meeting inquiring if an additional stop sign or signal is needed on San Juan Street. In response, the applicant filed a warrant analysis application with the Public Works Department to determine if an all-way stop is warranted at the intersection of Farmington Road and San Juan Street. The Public Works department analysis concluded that stop signs or a signal light is not necessary at this location. Traffic study focus A concern was raised that the City's traffic analysis provided in the August 22, 2005, staff report did not specifically address traffic entering San Juan Street from Farmington Road and vice versa. The traffic study provided by the applicant states that 137 daily trips entered Farmington Road from San Juan Street on a day when Tustin schools were in session and that 233 daily trips occurred when Tustin schools were closed. The study shows that 28 vehicles exited Farmington Road onto San Juan Street between 7:15 and 8:15 a.m. during school hours and 17 vehicles during the time when school was not in session. Only 5 vehicles exited Farmington Road from 5:00 to 6:00 p.m., when school was closed for the day. The traffic study also indicates that none of the observed vehicles had any difficulty turning onto San Juan Street. The traffic study does not speculate how many vehicles would turn into or make a U- turn at Farmington Road. Planning Commission Report CUP 04-008, DR 04-008, and SCE 05-001 Page 6 Project/child drop off time concern At the August 22, 2005, Planning Commission meeting a concern was raised that the proposed project's child pick-up and drop-off times coincide with that of nearby public schools. The project's proposed business hours and adjacent public school hours are shown below: First Montessori Marjorie Veeh Utt Middle After school programs Preschool Elementary School Start 7:00 a.m. (extended 8:00 a.m. 7:45 a.m. . Achieving Success care) Academic Partnership 9:00 a.m. (regular . Fee for Service school option 1) . A YSO soccer 12:00 p.m. (regular . Little League school option 2) End 12:00 p.m. (regular 2:08 p.m. 2:19 p.m. . Achieving Success school option 1) Academic Partnership 5:08 3:00 p.m. (regular p.m. school option 2) . Fee for Service 6:00 p.m. 6:00 p.m. (extended . AYSO and Little League- care) until dusk The applicant's traffic study does not differentiate between peak traffic hours and peak school and project hours. As a result, school related traffic impacts of the project are not specifically analyzed in the traffic study. However, the raw data provided in the traffic study shows that 436 vehicle trips occur on San Juan Street between the monitoring peak hours (7:30 and 8:30 a.m.) and 258 vehicle trips between the evening peak hours (5:30 to 6:30 p.m.) when school is in session. The peak hours identified by the applicant's traffic data are consistent with the City's traffic data from the December 2004 traffic survey. The August 22, 2005, staff report to the Planning Commission provided a chart showing the number of children that were picked-up and dropped-off by time of day for the applicant's existing school. The chart shows that the existing school's drop-off times are consistent with the proposed project's start and end times. Most of the children would be dropped off at 9:00 a.m. and would be picked up at 12:00, 3:00, or 5:00 p.m. and do not appear to be in conflict with existing public school hours. Public school growth impacts concern A comment was made at the August 22, 2005, Planning Commission meeting implying that the project may not be appropriate at the proposed location since schools are typically much larger than they were several years ago; therefore, the project could further impact a street in an existing, established neighborhood that has seen a gradual increase in traffic over the years. Planning Commission Report CUP 04-008, DR 04-008, and SCE 05-001 Page 7 In response, the applicant provided a letter (Attachment G) from the Tustin Unified School District showing that student enrollment at Veeh Elementary School between 2002 and 2006 has actually declined. Specifically, an eight (8) percent reduction in enrollment was projected for 2006 (485 students) versus 2005 (523 students) at Veeh Elementary. The traffic reduction associated with the Veeh school enrollment reduction could potentially result in a reduced traffic volume on San Juan Street. In addition Utt Middle School experienced a relatively stable enrollment between 2001 and 2005 with less than a one (1) percent increase projected for 2006 (924 students) versus 2005 (916 students). The applicant's traffic engineer has appropriately concluded that the projected enrollment for Utt Middle School will have a negligible impact on San Juan Street since it is only one of many streets that serve the school. CEQA In accordance with the California Environmental Quality Act (CEQA), staff prepared an Initial Study (Attachment H) to determine whether the project would have any potentially significant environmental effects. The draft Initial Study was noticed in the newspaper on June 30, 2005, as available for public comment and was again noticed in the newspaper on April 27, 2006, since the project was continued from August 22, 2005. Public comments on the Initial Study and staff responses are provided in Attachment I. Additional public comments and staff responses are provided in Attachment J. To summarize, several neighbors who reside across the street from the project site have expressed concerns over project impacts relating to traffic and parking, aesthetics, land use, and noise. However, as documented in the Response to Comments section of the Final Negative Declaration (Attachments I and J), staff believes that these environmental concerns have been adequately addressed by project design features such as architectural and landscaping design, the inclusion of a block wall buffer, and establishment of conditioned operational restrictions. In addition, additional standard conditions are proposed to be placed on the project to ensure that all possible environmental effects will be less than significant. As documented in the Initial Study, Responses to Comments, and Final Negative Declaration, the project has been determined to have a less than significant impact on the environment. This conclusion is understandable given the relatively small scale of the project (the conversion and minor expansion of an approximately 2,000 square foot residence to accommodate a preschool use) and the relative mix and intensity of the various land uses surrounding the project site. Resolution No. 3979 adopting a Final Negative Declaration for the project has been prepared for the Planning Commission's consideration (Attachment J). Planning Commission Report CUP 04-008, DR 04-008, and SCE 05-001 Page 8 ANALYSIS In determining whether to approve CUP 04-008, DR 04-008, and SCE 05-001 the Planning Commission must determine whether or not the proposed use will be detrimental to the health, safety, morals, comfort, and general welfare of the persons residing in or working in the neighborhood or whether it will be injurious or detrimental to property or improvements in the vicinity or to the welfare of the City. A decision to approve CUP 04-008, DR 04-008, and SCE 05-001 can be supported by the following findings: 1) That operation of a daycare/preschool at 1792 San Juan Street, as conditioned, will not be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin, as evidenced by the following findings: a) The proposal is consistent with the Suburban Residential (R4) Zoning District standards in that daycare and preschool uses are allowed with a conditional use permit. b) The uses are appropriate under the General Plan Land Use Element High Density Residential (15-25 dwelling units/acre) Designation in that the preschool functions as a community service need especially given the immediate proximity of high density apartment complexes. c) The project site and design are physically suitable to accommodate the operation of the proposed preschool in that Tustin City Code Section 9288b4 includes development standards for preschool uses which have been satisfied by information on the submitted development plans including: minimum building site size, minimum lot width, setbacks, and parking. d) As determined by the Public Works Engineering Division, the net increase in traffic at the project site during the weekday a.m. or p.m. peak hours is not anticipated to generate significant traffic impacts, and there is sufficient roadway capacity on San Juan Street to accommodate the proposed project. e) Proposed playground activity noise will be shielded by a 6 foot 8 inch concrete block wall that exists at five (5) feet tall but will be extended around the playground area. In addition, playground activity would be limited to 12 children at any given time and outdoor play will be limited to daytime hours. f) A block wall separates the preschool from a church to the west and an apartment complex to the east. The proposed project would be compatible Planning Commission Report CUP 04-008, DR 04-008, and SCE 05-001 Page 9 with adjacent uses in that the Church's worship hours occur at times that do not coincide with the preschool hours. The adjoining apartment complex to the east and a single-family residential tract on the north side of San Juan Street is buffered from the proposed use by a perimeter tract wall. g) Increased pedestrian activity to the site as a result of the project will be accommodated by a condition requiring the owner/applicant to provide sidewalk and drive aprons along San Juan Street in front of the project property that are constructed to meet current Federal Americans with Disabilities Act (ADA) requirements. h) Pursuant to Section 9272(c) of the Tustin City Code the location, size, architectural features, and general appearance of the proposal will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole. The mass and appearance of the project will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole and has considered at least the following items: 1. Height, bulk, and area of buildings: The existing on-site building and the proposed minor additions would maintain a height, bulk, and area less than what the Tustin City Code (TCC) would allow for the property as evidenced in Attachment C (Land Use Fact Sheet). The site is proposed to be developed at a lesser intensity than exists in the surrounding neighborhood which consists of a church and several multi-family residential buildings. 2. Setbacks and site planning: The existing on-site building and the proposed minor additions would maintain setbacks in excess of those required by the TCC as evidenced in Attachment C. The site planning is appropriate for a preschool use requiring an outdoor play area, on-site parking to support the use, and a sufficient amount of front setback landscaping providing a residential appearance for the site. 3. Exterior materials and colors: The proposed building additions will match the building's existing materials including white stucco walls, asphalt shingles, and divided-lite windows. The materials are appropriate and ensure that the preschool building is compatible in appearance with residential uses in the neighborhood. 4. Type and pitch of roofs: The hip roof of the existing structure and proposed additions will be appropriate for the structure and similar to residential designs existing in the neighborhood. 5. Size and spacing of windows, doors, and other openings: The windows and doors are appropriate for the use. Planning Commission Report CUP 04-008, DR 04-008, and SCE 05-001 Page 10 6. Landscaping, parking area design and traffic circulation: As indicated in Attachment C, the project provides more landscaping and parking than is required by the Tce. The project design also accommodates a preschool building, playground, and parking/child drop-off area. The parking area contains adequate turn around area at the rear of the property for on-site circulation. 7. Location, height and standards of exterior illumination: Pursuant to Condition 2.1, Planning Division staff shall work with the project applicant to ensure that proposed lighting meets on-site security needs while preventing off-site glare and ensuring that proposed light poles are not excessively high. 8. Location and appearance of equipment located outside of an enclosed structure: No equipment is proposed to be located outside of an enclosure. 9. Location and method of refuse storage: As indicated on the submitted site plan, all refuse and recycling materials are stored in bins located in an on- site enclosure. The location of the enclosure accommodates waste hauler pick up on-site without requiring hauling vehicles to back onto San Juan Street 10. Physical relationship of proposed structures to existing structures in the neighborhood: The finding is the same as indicated in finding 2, above. 11.Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares: No new structures are proposed for the project site; however, the 221 square feet proposed as additions will be of the same architecture, colors, and materials as the existing structure. There is no uniform design of other existing structures in the neighborhood; therefore, the proposed additions would be compatible with the eclectic mix of structures in the area. 12. Proposed signing: The proposed on-building sign is appropriate for the site as indicated in the findings in support of the sign code exception (below). Planning Commission Report CUP 04-008, DR 04-008, and SCE 05-001 Page 11 A decision to approve SCE 05-001 can be supported by the following findings: 1. Sign size and placement restrictions of the sign code shall be as closely followed as practicable. The Suburban Residential (R4) Zoning District has no sign provisions for commercial uses. A preschool use in a commercial district could be entitled to a monument sign up to 32 square feet in area and an on-building sign up to 75 square feet in area. Single-family residential tracts in the R4 Zoning District are allowed identification monument or wall signs up to 32 square feet in size and six (6) feet in height and multi-family housing projects such as the adjacent apartment complex are allowed to have one (1) monument sign up to 15 square feet in size and six (6) feet tall for every project entrance. The applicant is proposing a 9.5 square foot on- building sign which is smaller than is customary allowed in both commercial zoning districts and the subject Suburban Residential Zoning District. 2. The proposed sign meets the intent and purpose of the sign regulations of the land use zone in which the sign is to be located and follows the Tustin Sign Code as closely as practicable as explained in Finding 1 (above). 3. There are special circumstances unique to the property to justify the sign code exception as explained in Finding 1. 4. Granting the exception will not have a negative impact on the surrounding properties in that the size, type, and height of the sign will be consistent with other signs in the neighborhood and will be smaller in area than signs used by the nearby elementary school. 5. The sign application promotes the public, health, safety, welfare, and aesthetics of the community and that the granting of the exception meets findings and the intent of the sign code in that the sign would serve to identify the use of the property and for the reasons indicated in Finding 1. cD:10uu;;- Associate Planner Da~~ {Jj~ Assistant Director Planning Commission Report CUP 04-008, DR 04-008, and SCE 05-001 Page 12 Attachments: A. B. C. D. E. F. G. H. I. August 22, 2005, staff report Table 10-A of the 2001 California Building Code On-building sign exhibit Applicant provided traffic study Public Works Department traffic memo Police Department traffic memo Tustin Unified School District enrollment letter Public Comments on the Initial Study Resolution No. 3979 and 3980 S"\Cdd\PCREPOR"'2005\CUP 04-006 and DR 04-008(3) doc ATTACHMENT A AUGUST 22, 2005, STAFF REPORT ITEM #3 ~--y--- ,('\'- --.0" (0~ \ .. \~(j ,~ ~ s'\' ~ Report to the Planning Commission DATE: SUBJECT: APPLICANT! PROPERTY OWNER: LOCATION: ZONING: AUGUST 22, 2005 CONDITIONAL USE PERMIT 04-008, DESIGN REVIEW 04-008, AND SIGN CODE EXCEPTION 05-001 PADMINI WEERKKODY 1792 SAN JUAN STREET TUSTIN, CA 92780 1792 SAN JUAN STREET SUBURBAN RESIDENTIAL (R4) ENVIRONMENTAL STATUS: A NEGATIVE DECLARATION WAS PREPARED PURSUANT TO ARTICLE 6 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND CONCLUDED THAT, AS CONDITIONED, NO SIGNIFICANT IMPACTS WOULD RESULT FROM THE PROJECT. REQUEST: TO CONVERT AN EXISTING SINGLE FAMILY RESIDENCE TO A COMMERCIAL PRESCHOOL FOR UP TO 49 CHILDREN WITH FIVE (5) INSTRUCTORS AND TO INSTALL AN ON-BUILDING SIGN. RECOMMENDATION That the Planning Commission: 1. Adopt Resolution No. 3979 adopting the Final Negative Declaration and making certain findings relating to Conditional Use Permit 04-008, Design Review 04-008, And Sign Code Exception 05-001, As Required By The California Environmental Quality Act; and 2. Adopt Resolution No. 3980 approving Conditional Use Permit (CUP 04-008), Design Review (DR 04-008), and Sign Code Exception (SCE 05-001) for the conversion of an existing single family dwelling into a preschool for up to 49 children with five (5) instructors and to allow an on-building sign for the use. Planning Commission Report CUP 04-008, DR 04-008, and SCE 05-001 Page 2 BACKGROUND This item was continued from the July 25, 2005 and August 8, 2005 Planning Commission meetings. The property contains an existing 2,228 square foot single-family dwelling on a 16,900 square foot (130 by 130 feet) lot located at 1792 San Juan Street in the Suburban Residential (R4) Zoning District and the High Density Residential (15-25 dwelling units/acre) General Plan Designation. The California Department of Social Services will ensure that the preschool includes adequate square feet for interior and exterior space per child, an appropriate instructor/child ratio, and an approved care curriculum. Prior to state licensing, preschool/daycare uses in the R4 Zoning District require a conditional use permit pursuant to the criteria outlined in Tustin City Code (TCC) Section 9288b4. On July 24,1995, the Planning Commission approved CUP 95-006, DR 95-021, and Sign Code Exception (SCE) 95-005 to allow a preschool and day care facility at 1792 San Juan Street with a maximum enrollment of 48 children. The previously approved project is similar in use, design, and architecture to the proposed project. The use was never initiated and the permit expired on January 24, 1997. The applicant operates the First School of Montessori at 13806 Red Hill Avenue which would close to operate on the subject site. Site and SurroundinQ Properties (Attachment A) A Church abuts the south and east property lines of the site. An apartment complex is to the west and a tract of single family residences are located across San Juan Street to the north. Marjorie Veeh Elementary School and C.E. Utt Intermediate School, respectively, are located on San Juan Street to the west and east. The Brookside Apartment Complex is located within a 500 foot proximity to the west. PROJECT DESCRIPTION CUP 04-008, DR 04-008, and Sign Code Exception 05-001 are requests to: . Convert an existing single family dwelling into a preschool where there will be up to 49 children and five (5) instructors throughout the course of any weekday; . Add 221 square feet to the structure; . Provide a parking lot with 12 parking spaces; . Provide a 4,142 square feet outdoor playground; . Provide additional on-site landscaping; . Add street trees in the adjacent public right-of-way; and, . Provide a 32 square foot monument sign to serve the use (modified to a 20 square foot wall sign.) (Attachment B - Project Plans) Planning Commission Report CUP 04-008, OR 04-008, and SCE 05-001 Page 3 The school is proposed to operate from 7:00 a.m. to 6:00 p.m. Monday through Friday, closed on Saturday and Sunday. Full and half day schedules would be offered with a full day being from 9:00 a.m. to 3:00 p.m. and the half day option being from 9:00 a.m. to 12:00 p.m. or from 12:00 p.m. to 3:00 p.m. Both full and half day options offer extended care hours from 7:00 to 9:00 a.m. and from 3:00 to 6:00 p.m. The applicant provided a week of log sheets demonstrating the drop off and pick up times of each of the 55 children attending her present preschool. Staff compiled the average drop off times for the week and found that the most of the children are dropped off between 8:00 and 9:45 a.m. with the main influx occurring at 9:00 a.m. when an average of 11 children were dropped off. A chart of incoming children is as follows: Average Number of Incoming Chents Per 15 Minute Interval 12 ",! ':1' .. I .,.",.,1 10 " <I - 8 '. ., ""',' i" 2 .' ,--< . " ',~:': I .., I I I I t~'.k~j ,',., ". ' 6,.!lour';i:, " ' .:~::';;~;_' 4 , "',,,,,' " , , ':'" '", o ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~~~~~~~~~J~~~~~~~~~~~~~~~ E:I Average The data provided by the applicant shows that there are three main time frames when children are picked up at her existing school. An average of five (5) children are picked up during these times which include noon, 3:00 to 3:30 p.m., and 5:00 to 6:00 p.m. A chart of outgoing children follows on the next page. Planning Commission Report CUP 04-008, DR 04-008, and SCE 05-001 Page 4 Average Number of Departing Clients Per 15 Minute IntelVal 6 5 4 3 2 o ~ '" ~ '" ~ ~ ~ ~ cl' '" ~ S> ~ '" ." '" ~ ~ ~ '" -" '" ~ '" ~ '" ,,<:J ","3 ",<:l ",0; ",,,, ","3 ",<:J ,,"3 ,_ ,'"3 o'f co''? ,<:J ,"3 o''i'' 0'"3 0;'" 0;"3 ~<:J ..,;"3 <;j" ",,<;; co'" co"? ".", ,,'"3 ~ ~ ~ ~. ~ ~v -. -. leAveraae I Proposed Preschool Buildinq The structure is currently setback 30 feet from the San Juan Street public right-of-way, 52 feet from the rear property line, 40 feet from the west property line, and 27 feet from the east property line. A children's restroom is proposed to be added to the southerly elevation and a portion of the interior lobby added to the northerly elevation. With the additions, the total lot coverage would be 14.4 percent. The structure with additions would continue to be 16 feet high. The building setbacks, parcel coverage, height, and projections comply with the requirements of the Tustin City Code (TCC) as evidenced in Attachment C (Land Use Fact Sheet). The building is not proposed to undergo extensive exterior remodeling for the project. Minor remodeling to the ranch style residence is proposed to include repainted white stucco walls, asphalt shingles, and divided-lite windows. The two exterior additions are proposed to consist of building materials that will match the existing building. A new wrought iron fence is proposed to be placed along the east side of the northerly elevation. Although identified on the north elevation plans, the wrought iron fence is not depicted on the site plan. Condition 4.5 would require the applicant to identify the location of the wrought iron fence on the site plan when plans are formally submitted into plan check. The interior of the building will be converted from single family use to a preschool use with an 811 square foot classroom and a 907 square foot classroom. Planning Commission Report CUP 04-008, DR 04-008, and SeE 05-001 Page 5 Noise A 4,142 square foot playground area is designated in the northeasterly corner of the property. As required by Tee Section 9228b4.(i), the playground would be enclosed by six (6) foot eight (8) inch concrete block walls on the westerly, northerly, and easterly boundaries. The preschool building and a six (6) foot eight (8) inch high wood fence would enclose the playground on the southerly boundary. The easterly property line/playground boundary which abuts a property developed with apartments would contain a dense mix of 18 inch box trees, 5 gallon plants, and 5 gallon shrubs as specified on the landscape plan. Noise levels from children's play activity in the outdoor playground area would be less than significant because (1) playground activity noise will be shielded by a six foot, eight inch concrete block wall that will be constructed around the playground area, (2) playground activity will occur during day time hours, and (3) playground activity would be limited to 12 children outdoors at any given time. While these project design and operational features would reduce any potential noise impacts to a level of insignificance, staff has recommended standard condition 7.3 as a precautionary measure. This measure requires the applicant to implement additional sound attenuation in the unlikely event that the project would generate noise levels that exceed the interior and exterior noise levels established by Section 4614 of the Tustin City Code. Noise from increased vehicle traffic resulting from the project would also be less than significant. According to the Illinois Department of Transportation, noise is measured on a logarithmic scale and two (2) sources of equal noise added together result in an increase of 3 dBA. The Department further indicates that a 3 dBA change in noise levels is not typically perceived by persons with average hearing. Therefore, doubling traffic volumes will increase the noise level by 3 dBA. Since the project would not double the volume traffic on San Juan Street, any traffic noise created would be imperceptible and absorbed within the ambient noise created by existing vehicle traffic on the street and could not be detected by persons with reasonable auditory perception. Parkina/Circulation The parking lot consists of 6,204 square feet of asphalt which accommodates 11 standard and one disabled parking spaces. TCC Section 9228b4 requires one (1) parking space for each staff member plus one (1) loading (parking) space for each eight (8) children. Given that the applicant is proposing to utilize five (5) instructors for 49 children, a total of 11.13 parking spaces are required. Therefore, the 12 parking spaces provided meet the requirements of the TCC. Given the current drop off and pick up pattern of the applicant's existing preschool that cares for 55 children, staff believes that the proposed preschool for 49 children would contain adequate on-site parking spaces to allow guardians to drop off and pick up Planning Commission Report CUP 04-008, DR 04-008, and SCE 05-001 Page 6 children without traffic complications or lack of on-site parking spaces. Conditions have been added to the project to assist in preventing parking or traffic problems as follows: . Condition 6.1 would require parking to occur in marked spaces and not a drop off area. . Condition 6.2 would limit the preschool to a maximum of 49 pre-school children during the span of any day. . Condition 6.5 would prohibit parking in adjacent lots, would require parents to park in on-site parking spaces and, would prohibit line-up or parking along the curb on San Juan Street except for special events such as plays and graduations. Guardians would be required to sign a statement agreeing to these parking stipulations. . Condition 6.6 would contain a provision to allow the Community Development Director to require a staff member to be available in the parking lot area to usher children to and from guardian's parked vehicles if parking for the preschool has become a problem. The condition would also enable the Director to require further staggered class hours, or require a reduction in the number of students. As determined by the City of Tustin Public Works Department, Traffic Division, the project has the potential to add 210 net daily trip ends, approximately a nine (9) percent increase in daily traffic volume to San Juan Street in the vicinity of the project site. The physical vehicle per day (VPD) capacity for a two-lane undivided road is approximately 15, 000 VPD. San Juan Street is considered a residential collector road and has a "desirable" capacity of approximately 6,000 VPD. Based on recent traffic counts, the existing daily traffic on San Juan Street is 2,348 VPD, which is well within the physical and desirable capacities. The added 210 project related daily trip ends split into two (2) directions on San Juan so the impacts to any particular segment of San Juan Street is not the full 210, but likely 50 to 65 percent of that total. Even with the addition of the full 210 VPD,the total VPD for this segment of San Juan Street would be 2,558. Therefore, the added project related traffic will not cause the maximum daily roadway capacity to be exceeded. The peak a.m. hours for the segment of San Juan Street are between 7:00 and 8:00 a.m. and between 2:00 and 3:00 p.m. with respective volumes of 348 and 274 trips. The traffic model for a preschool estimates that 39 and 42 daily trips would be added during the a.m. and p.m. peak hours, respectively. However, the Traffic Division has concluded that the peak hour trip increases would have a less than significant traffic impact on local roadways and intersections. Landscapina The project consists of 6,904 square feet of landscaping (40.8 percent of the site). The entire southeast portion of the property facing the street consists of landscaping. As much Planning Commission Report CUP 04-008, DR 04-008, and SCE 05-001 Page 7 as possible, the landscaping screens the parking lot, provides landscaping in the parking lot, provides perimeter property landscaping, and establishes the playground at the northeast corner of the property. Three (3) street trees would be provided in the public right-of-way. As indicated in the submitted landscape plan (Attachment B), the applicant is proposing three (3) types of planting materials throughout the property in the aforementioned landscape areas in the types and quantities as follows: Name Size Quantity Star Jasmine 5 Gallon 200 Lillv of the Nile 5 Gallon 40 London Plant Tree 18" Box Tree 10 Sianaae A 32 square foot monument sign was originally requested for the proposed pre-school site. However, after the initial study was made available for public review, staff conducted additional research that concluded that, other than a monument sign for an elementary school which does not require City approval, there are no other permitted monument signs on the segment of San Juan Street between Browning and Red Hill Avenues. Therefore, staff informed the applicant that thf:iY currently cannot support a monument sign for the preschool. Subsequently, the applicant has agreed to modify the sign proposal to request Sign Code Exception (SCE 05-001) for an on-building sign for the preschool. There are no provisions in the Tustin Sign Code to allow for an institutional/business sign in the R4 Zoning District. Therefore, the Planning Commission may consider the requested Sign Code Exception per TCC Section 9405c. Pursuant to Condition 4.6, the proposed on-building sign would be limited to 20 square feet in size, which is consistent with the on-building sign for the adjacent church. Review of the sign location and design would be subject to approval by the Community Development Director during the plan check process. The required findings to support the Sign Code Exemption are indicated in the Analysis section of the report below. PUBLIC COMMENTS A legal notice of the public hearing was published in the Tustin News on June 30, 2005 (Attachment D). On June 29, 2005, copies of the public hearing notice were mailed to all property owners within 300 feet of the project property. The property was also posted with information regarding the public hearing. A summary of public concerns received regarding the project is provided below. Copies of correspondence received from the public and detailed staff responses to concerns indicated are provided as an attachment to the proposed Final Negative Declaration which is attached to proposed Resolution 3979. The main concern received regarding the project pertains to traffic. Most responding parties are concerned that San Juan Street currently has a high level of traffic and the Planning Commission Report CUP 04-008, DR 04-008, and SCE 05-001 Page 8 project could cause additional traffic which would increase risks for accidents, jam traffic on San Juan Street which will prevent neighborhood vehicles from entering or exiting Farmington Road, and create additional on-street parking leaving none for neighborhood residents. Some respondents have indicated that any additional traffic in the neighborhood will contribute to noise levels. Most respondents have indicated that the proposed preschool is a commercial use and would not be compatible in the neighborhood between the church and high density residential complex which is located across San Juan Street from the single family residential tract in which they reside and/or are representing. Some respondents have indicated that the aesthetics of the project will not fit in with the neighborhood because existing trees will be removed to accommodate a parking lot for the use and that a sign would eliminate any residential appearance of the property. CEQA In accordance with the California Environmental Quality Act (CEQA), staff prepared an initial study to determine whether the project would have any potentially significant environmental effects attached to Resolution 3979 which is provided as (Attachment E.) As documented in the Initial Study and the Responses to Comments, which were prepared in conjunction with the Final Negative Declaration, the project would have either no impact or a less than significant impact on the environment. The lack of environmental impacts generally reflects the relatively small scale nature of the project (the conversion and minor expansion of an approximately 2,000 square foot residence to accommodate a preschool use) and the mix and intensity of the various land uses surrounding the project site. As discussed above, several neighbors who reside across the street from the project site have expressed concerns over project impacts relating to primarily traffic and parking, and to some extent aesthetic, land use, and noise. However, as documented in the Response to Comments section of the Final Negative Declaration, Staff believes that these environmental concerns have been adequately addressed by project design features, such as the architecture, landscaping, block wall buffer, and operational restrictions. In addition, standard conditions will be incorporated into the project, which further ensure that any potential environmental effects will be less than significant. To further clarify and amplify the conclusions of the Initial Study, staff has prepared formal responses to each of the individual comments received on the Initial Study and Negative Declaration determination. These responses provide additional information to explain the conclusions of the initial study as it relates to specific concerns raised in the various letters that staff received. As explained in the Final Negative Declaration, the Initial Study and Negative Declaration were not revised and recirculated pursuant to Section 15073.5 of CEQA because no substantial revisions were required to the document. Planning Commission Report CUP 04-008, DR 04-008, and SCE 05-001 Page 9 Resolution No. 3979 adopting a Final Negative Declaration for the project has been prepared for Planning Commission consideration. (Attachment E) ANALYSIS In determining whether to approve CUP 04-008 and DR 04-008 the Planning Commission must determine whether or not the proposed use will be detrimental to the health, safety, morals, comfort, and general welfare of the persons residing in or working in the neighborhood or whether it will be injurious or detrimental to property or improvements in the vicinity or to the welfare of the City. A decision to approve this request can be supported by the following findings: 1) That operation of a daycare/preschool at 1792 San Juan Street, as conditioned, will not be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin, as evidenced by the following findings: a) The proposal is consistent with the Suburban Residential (R4) Zoning District standards in that daycare and preschool uses are allowed with a conditional use permit. b) The uses are appropriate under the General Plan Land Use Element High Density Residential (15-25 dwelling units/acre) Designation in that the preschool functions as a community service need especially given the immediate proximity of high density apartment complexes. c) The project site and design are physically suitable to accommodate the operation of the preschool in that Tustin City Code Section 9288b4. includes development standards for preschool uses which have been satisfied by information on the submitted development plans including: minimum building site size, minimum lot width, setbacks, and parking. d) As determined by the Public Works Engineering Division, the net increase in traffic at the project site during the weekday a.m. or p.m. peak hours is not anticipated to generate significant traffic impacts, and there is sufficient roadway capacity on San Juan Street to accommodate the proposed project. e) Playground activity noise will be shielded by a 6 foot 8 inch concrete block wall that exists at five (5) feet tall but will be extended around the playground area. In addition, playground activity would be limited to 12 children at any given time and outdoor play will be limited to daytime hours. Planning Commission Report CUP 04-008, DR 04-008, and SCE 05-001 Page 10 f) A block wall separates the preschool from a church to the west and an apartment complex to the east. The project would be compatible with adjacent uses in that the Church's worship hours occur at times that do not coincide with the preschool hours. The adjoining apartment complex to the east and a single-family residential tract on the north side of San Juan Street is buffered from the proposed use by a perimeter tract wall. The preschool building maintains setbacks on the property well in excess of the minimum setbacks required. g) Increased pedestrian activity to the site as a result of the project will be accommodated in that the applicant and/or property owner would be required to provide sidewalk and drive aprons along Sycamore Avenue in front of the project property that are constructed to meet current Federal Americans with Disabilities Act (ADA) requirements. h) Pursuant to Section 9272(c) of the Tustin City Code, the Planning Commission finds that the location, size, architectural features, and general appearance of the proposal 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 Planning Commission finds that the mass and appearance of the project will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole and has considered at least the following items: 1. Height, bulk, and area of buildings: The existing on-site building and the proposed minor additions would maintain a height, bulk, and area below what the Tustin City Code (TCC) could allow for the property as evidenced in Attachment C (Land Use Fact Sheet). The site would be developed to a lesser intensity than exists in the surrounding neighborhood which consists of a Church and some multi-family housing buildings. 2. Setbacks and site planning: The existing on-site building and the proposed minor additions would maintain setbacks in excess of those required by the TCC as evidenced in Attachment C. The site planning is appropriate for a preschool use requiring an outdoor play area, on-site parking to support the use, and a sufficient amount of street front landscaping to maintain a residential appearance for the site. 3. Exterior materials and colors: The proposed building additions will match the building's existing materials including white stucco walls, asphalt shingles, and divided-lite windows. The materials are appropriate for a preschool building to blend in appearance with residential uses in the neighborhood. Planning Commission Report CUP 04-008, DR 04-008, and SeE 05-001 Page 11 4. Type and pitch of roofs: The hip roof of the existing structure and proposed additions will be appropriate for the structure in that it will enable it to blend in with neighborhood residential uses by appearing as a residential structure. 5. Size and spacing of windows, doors, and other openings: The windows and doors are appropriate for the use and allow the building to maintain a residential appearance. 6. Landscaping, parking area design and traffic circulation: As indicated in Attachment C, the project provides more landscaping and parking than is required by the TCC. The project design accommodates a preschool building, playground, and parking/child drop-off area. The parking area contains adequate turn around area at the rear of the property for on-site circulation. 7. Location, height and standards of exterior illumination: Pursuant to Condition 2.1, Planning Division staff shall review detailed plans during plan check to ensure that the proposed lighting meets on-site security needs, prevents off-site glare, and to ensure that the light poles are not excessively high. 8. Location and appearance of equipment located outside of an enclosed structure: No equipment is proposed to be located outside of an enclosure. 9. Location and method of refuse storage: As indicated on the submitted site plan, all refuse and recycling materials are stored in bins located in an on- site enclosure. The location of the enclosure accommodates waste hauler pick up on-site without need for hauling vehicles to back onto San Juan Street 10. Physical relationship of proposed structures to existing structures in the neighborhood: The finding is the same as indicated in number 2 above. 11. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares: No new structures are proposed for the project site. 12. Proposed signing: The proposed on-building sign is appropriate for the site as indicated in the below findings for the sign code exception. i) In determining whether to approve SCE 05-001 the Planning Commission must find the following: Planning Commission Report CUP 04-008, DR 04-008, and SCE 05-001 Page 12 1. Sign size and placement restrictions of the sign code shall be as closely followed as practicable. However, the Suburban Residential Zoning District has no sign provisions. A preschool use in a commercial district could be entitled to a monument sign up to 32 square feet in area and an on-building sign up to 75 square feet in area. However, since the proposal is located within a Residential District, the applicant has proposed an on-building sign that would only be 20 square feet in area which is similar in size to an existing on-building sign for an adjacent church and meets the intent of the sign code. 2. The intent and purpose of the sign regulations of the land use zone in which the sign is to be located shall be followed as closely as practicable in that the TCC has no provisions for commercial signs in the Suburban Residential District. However, single family residential tracts are allowed identification monument or wall signs up to 32 square feet in size and six (6) feet in height. Multi-family housing projects such as the adjacent apartment complex are allowed to have one (1) monument sign up to 15 square feet in size and six (6) feet tall for every project entrance. Therefore, the applicant's proposed 20 square foot on-building sign is within the size of signs customary to the Suburban Residential Zoning District. 3. There are special circumstances unique to the property to justify the exception in that the property will consist of a conditionally permitted non-residential preschool use. The preschool is not allowed to have a sign in the Suburban Residential Zoning District but would ordinarily be permitted to have a monument sign if the preschool were located in a commercial district. Furthermore, the size and amount of signs allowed without a conditional use permit for residential uses exceed the size of the one (1) on-building sign for the preschool. 4. Granting the exception will not have a negative impact on the surrounding properties in that the size, type, and height of the sign will be consistent with the sign serving adjacent church and will be lesser in area than signs serving the nearby elementary school. 5. The sign application promotes the public, health, safety, welfare, and aesthetics of the community and that the granting of the exception meets findings and the intent of the sign code in that the sign would serve to identify the use of the property, would not exceed the intent of the sign code with regard to sign size, height, or location, and would be consistent with the size and type of on building sign that currently exists for the adjacent church. 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I i I , i i I , " i\" :Il- " , , I I , I I I ____ ___r._____ ~ CHARLIE TZENG & ASSOCIATES Slructural& Architeclural ....WII.Jl<ftBl.~.lU1"_ '''''NlGElFJi.CI.~"' ""-l"3Il<2Z!IIl~M.0I/0;-1"-aoo; ATTACHMENTC LAND USE FACT SHEET LAND USE APPLICATION FACT SHEET 1. LAND USE APPLICATION NUMBER(S): CUP 04-008, DR 04-008. seE 05-001 2. LOCATION: SOUTH SIDE OF SAN JUAN STREET BETWEEN RED HILL AND BROWNING AVENUES 3. ADDRESS: 1792 SAN JUAN STREET APN(S): 500-032-03 4. LOT: 29 OF BLOCK 12 TRACT: IRVINE SUBDIVISION 6. PREVIOUS OR CONCURRENT APPLICATION RELATING TO THIS PROPERTY: CUP 95-006 AND DR 95-021 FOR A PRESCHOOL USE (NOT INITIATED AND EXPIRED) 7. SURROUNDING LAND USES: NORTH: CHURCH PARKING LOT SOUTH: SAN JUAN STREET/SFD TRACT EAST: APARTMENTS WEST: CHURCH 8. SURROUNDING ZONING DESIGNATION: NORTH: R1 SOUTH: R4 EAST: R4 9. SURROUNDING GENERAL PLAN DESIGNATION: WEST: R4 NORTH: HIGH DENSITY RESIDENTIAL EAST: HIGH DENSITY RESIDENTIAL SOUTH: LOW DENSITY RESIDENTIAL WEST: HIGH DENSITY RESIDENTIAL 10. SITE LAND USE: A. EXISTING: SINGLE FAMILY DWELLING B. PROPOSED: PRESCHOOL/CHILD CARE FACIL TY FOR UP TO 49 CHILDREN C. EXISTING GENERAL PLAN DESIGNNATION: RESIDENTIAL PROPOSED GP: SAME D. EXISTING ZONING: RESIDENTIAL PROPOSED ZONING: SAME DEVELOPMENT FACTS: 11. LOT AREA: 16,900 S.F. .388 ACRES 12. BUILDING LOT COVERAGE: MAX. PERMITTED: NONE SPECIFIED PROPOSED: 14.4% 13. SITE LANDSCAPING: REQUIRED: NONE SPECIFIED PER CODE BUT SUBJECT TO THE CITY GUIDELINES FOR LANDSCAPING AND PARKING LOT DESIGN PROPOSED: 6,904 SQUARE FEET OR 40.8 PERCENT OF THE SITE 14. OPEN SPACE: REQUIRED: AS APPROVED IN SUBMITTED PLANS PROPOSED' AS APPROVED IN SUBMITTED PLANS 15. PARKING: REQUIRED: 11.125 PROPOSED: 12 16. BUILDING HEIGHT: 30 FEET MAXIMUM PER CODE 16 FEET PROPOSED 17. BUILDING SETBACKS: REQUIRED PROPOSED FRONT: SIDE: REAR: 20 FEET 5 FEET 25 FEET 30 FEET 16 AND 40 FEET 52 FEET 18. OTHER UNIQUE CONDITIONS ASSOCIATED TO THE PROPERTY (I.E. SPECIAL STUDY ZONES, EASEMENTS, ETC.): NONE ~.\r.rlrl\r.h;lrl\r.1 JP\l .::lnrll J~p. Annlir.r1tjrm F:'lr.t Shp.p.t\r.! lP 04-nOR r)R 04-0mtrlo(; ATTACHMENT D PUBLIC HEARING NOTICE AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, ) ) ss. CoumyofOrange ) I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of The Tustin News, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, on August 24, 1928, Case No. A-601 in and for the City of Tustin, County of Orange, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regnlar and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: June 30, 2005 "I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct": Executed at Santa Ana. Orange County. California, on Date: June 30, 2005 o,,~..... L,~.,.,.~ SIgnature The Tustin News 625 N. Grand Ave. Santa Ana, CA 92701 (714) 796-7000 exl. 2209 PROOF OF PUBLICATION H:ECE'tVEO ,iU~ , .'-) 'J/'j'li, ,\.-."b.,:' i<' Proof of Publication of CITY OF TUsnN OFFICiAL NOTICE OF PUBLIC HEARING, INTENT TO ADOPT NEOATIVE DECLARATION, AND PUBLIC .REVIEW PERIOD Notice is hereby given that the Planning Com.missiol') of the City of Tustin, California, will conduct a public heanng on July 25, 2005, a1 7:00 p.m.,' in the Ccuncil Chambers! 300 Centennial Way, Tustin, Calitomlato conSider the follOWing: Conditional U_ Permit (CUP 04-008), DesIgn R.viaw (DR 040008), and Sign Code Exception (SeE 05.0011 A request by Padmini Weerkkody toconvert an existing sin- gie family residence to a commercial preSChool, for up to 49 children wlth fl'le (5) Instructors. The project IS located at 1792 San Juan Street. The Community Development Department has prepared an In,ilial Study for the above project In, accordance, with the City of Tustin's procedures re9arding Implementation of the California EnVIronmental Quality Act and on the basiS of that study hereby finds: I That there is no substantial evidence that the project may have a Significant effect on the enVIronment. Therefore, the preparation of an Environmental Impact Report IS not reqUired. A Draft Negative Declaration will be available tor review at the Community Development Department, City of Tustin. The pUblic is invited to comment on the ~roPriate':less of ~~ N=~n ~~~~n~~~d~~ty1~, ~Q{W ~:O~~: view by the Community Developmenf Director, this review I period. may be extended If deemed necessary. PUBUCRKYIew' Pl!RlOD mtDS AT NOON ON .lULY 11, 2005 Please send 'comments to Chad Ortlieb, Associate Planner, : at City of Tustin, Communitv Development Department, 300 Centennial Way, Tustin, California,- 92780. Information rela- tive to this Item Is on file in the Community Development De- partment and is availabJe for public inspection at City Hall. Anyone Interested in the informabon above may call the Community Development Department at (714) 573-3127. If you challenge the subject Item in court, you may be limit- ed to ralsinll only those issues you or someone else raised at the public hearing described in this notice, or In written correspondence delivered to the City of Tustin at, or prior to, the public hearing. Jf you require special accommodations lor the Planning Commission and City Council meetings, please contact the I City Clerk's office at (714) 573-3025. Pamela Stoker City Clerk Publish: Tustin News, June 30, 2005 6711700 14-192 ATTACHMENT E (OMMITTED) RESOLUTION NOS. 3979 AND 3980 Inter-Com DATE: AUGUST 22, 2005 TO: PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: MODIFIED TRAFFIC STUDY FOR CONDITIONAL USE PERMIT 04-008 AND DESIGN REVIEW 04-008 The attached traffic analysis was prepared by the Public Works Department, Traffic Division on August 8, 2005, and replaces the trip generation analysis contained on page 6 of the staff report for Conditional Use Permit 04-088 and Design review 04-008. The attached modified analysis again concludes that traffic impacts from the proposed preschool would be less than significant and would not represent a significant traffic impact on the surrounding street system. Attachment: August 8, 2005, memo S:\CddIPCREPOR1\2005IPC Memo 8-22-05.doc Inter-Com DATE: AUGUST 8, 2005 TO: FROM: CHAD ORTLIEB, ASSOCIATE PLANNER DOUG ANDERSON, SENIOR PROJECT MANAGER ~ SUBJECT: PROPOSED DAYCARE FACILITY WITHIN AN EXISTING SINGLE FAMILY HOME AT 1792 SAN JUAN STREET; CUP 04-008, DR 05-004, PLAN CHECK #05-032E Pursuant to your request, Traffic Engineering has prepared this response that further details our previous traffic review of the proposed daycare facility to be located within an existing single family residence. The project would occupy approximately 2249 square feet ("SF"). It was indicated the project would have up to 49 students. We are providing this additional explanation of the traffic related issues that were previously summarized. The proposed project was shown to have the potential to generate 210 added daily trip ends, with 39 and 42 during the AM and PM peak hours, respectively. The "physical" vehicle per day (VPD) capacity for a two-lane undivided local road is approximately 10,000 VPD. As shown through recent traffic counts, the existing daily traffic on San Juan is 2,348 VPD, which is well within the physical and desirable capacities. The added 210 project related daily trip ends (represents 105 vehicles, counted once as they arrive and once as they leave) actually split into two directions on San Juan so the impacts to any particular segment of San Juan is not the full 210, but likely 50%-65% of that total. It can be seen that the added project traffic does not cause either daily capacity to be exceeded. If any particular peak hour is considered, the capacity is typically about ten (10) percent of the daily volumes. This results in an estimated physical road capacity of about 1,000 vehicles per hour (VPH). Likely due to the schools in the area the existing peak hour actually occurs 7:00- 8:00 AM with a volume of 348. To be conservative, the highest peak of 42 was used in this evaluation. If 21 to 27 (50% to 65%, of the 42 total) AM peak hour project trip ends are added to the existing 348 VPH, the resulting 375 VPH is still well within the peak hour capacities. The likely effect of the schools is also reflected in the existing PM peak hour, which occurs at 2:00-3:00 PM with an existing volume of 274. The 42 PM peak hour trip ends actually addresses the peak of all hours throughout the afternoon. If 21 to 27 (50% to 65%, of the 42 total) PM peak hour project trip ends are added to the existing 274 VPH, the resulting 301 VPH is still well within the peak hour capacities. Overall these factors supported our conclusions that the project does not represent a significant traffic impact on the surrounding street system. S:\Doug & Traffic\Development Review\2005\1792 San Juan, Daycare Resp.doc Thank you for the opportunity to provide this response. If you have any questions, please contact Steve Sasaki or me. c: Steve Sasaki Rick Yee Katy Lee Chad Ortlieb s:\Ooug & Traffic\Oevelopment Review\2005\1792 San Juan, Oaycare Resp,doc ATTACHMENT B TABLE lO-A OF THE 2001 CALIFORNIA BUILDING CODE 2001 CAUFORNIA BUILDING CODE TABLE 1ll-A ~ MINIMUM OF TWO-MEANS OF EGRESS OCCUPANT LOAD FACTOR3 ARE REQUIRED WHERE NUMBER OF (aquarefee1) USE2 OCCUPANTS IS AT LEAST )( 0.0129 tor m2 1. Aircraft hangars (no repair) 10 500 2. Auction rooms 30 7 3. Assembly areas, concentrated use (without fixed seats) 50 7 Auditoriums Churches and chapels Dance floors Lobby accessory to assembly ocx:upancy Lodge rooms Reviewing slands Stadiums Waiting area 50 3 4. Assembly areas, less-concentraled use Conference rooms 50 15 Dining rooms Drinking establishments Exhibit rooms Gymnasiums Lounges Stages Gaming: keno, slot machine and live games area 50 11 5. Bowling alley (assume no occupanlload for bowling lanes) 50 4 6. Children's homes and homes for the aged 6 {fa, SFM] 7 80 7. Classrooms 50 20 8. Congregate residences 10 200 9. Courtrooms 50 40 10. Dormitories 10 50 11. Dwellings 10 300 12. Exercising rooms 50 50 13. Garage, parking 30 200 14. Health care facilities- Sleeping rooms 8 [jar SFM] 7 120 Treatment rooms 10ljorSFMJ7 240 15. Hotels and apanments 10 200 16. Kitchen-rommercial 30 200 17. Library Reading rooms 50 50 Stack areas 30 100 18. Locker rooms 30 50 19. Malls (see Chapter 4) 20. Manufacturing areas 30 200 21. Mechanical equipment room 30 300 22. Nurseries for children (day care) 7 35 23. Offices 30 100 24. School shops and vocational rooms 50 50 25. Skating rinks 50 50 on the skating area; ] 5 on the deck 26. Storage and stock rooms 30 300 27. Stores-retail sales rooms Basements and ground floor 50 30 Upper floors 50 60 28. Swimming pools 50 50 for the pool area; 15 on the deck 29. Warehouses~ 30 son 30. All others 50 i 100 31. Group R. Dll'lSIon 2 10 I 3000 32. Group R, Division 6 10 i TABLE Ill-A-MINIMUM EGRESS REQUIREMENTS' C L A L C L nil 1 Access to, and egress from, buildings for persons with disabilities shall be provided as specified in Chapter 11. 2Por additional provisions on numberof exits from Groups H and I Occupancies and from rooms containing fuel-fired equipment or cellulose nitrate, see Sections 1007.4.1007.5 and lO07.7, respectively. 3This table shall not be used to determlOe working space requirements per person. 40ccupant load based on five persons for each alley, including 15 feet (4572 mm) of runway. 50ccupant load for warehouses containing approved high rack storage systems designed for mechanical handling may be based on the floor area exclusive of the rack afl::a rather than the gross floor area. oThe number of diems for occupancy classification shall be determined by the licensing authorit\'. C A C A C A 1-126.3 ATTACHMENT C ON-BUILDING SIGN EXHIBIT J ~ ~ ~~) ,'" .0:-- "' " :.' ~ ../ I-J,~'" , f:r--[ I F~~ - - -' :'I~ ,\TIIDt- .\ (il--r'i"r/\J' J' 1\;' ('\ r rd 1. I ........\ Cl/;'1/\7 I 1"1 \, i _;t~ : .J . . (', - ,If" '-.J>- '1 /''' I........ - \.) \..; I II ((...... i i ,.. ,-.... ,I ~'\ 0,(~;;/'''; ,~ ---0-': A~ , J l.i lj' _.:0' "r, , , '" " \" \I~" >- 7" Al I i f 1_, .....). l'f fi] , , I.. i ( J ~ \"';, t \ti I -' ' , " ---" /---' (\, ( " r" ~ ,J d -n, _ f~ ," ':' U' y t, (~ '7 7" , Z :!D . L, ,'., 0 ~ .. ~ ~ , ::J: III r- ~ -l - 0 Z il: '" , " \l< 7 , I. :\I! , ../ c .' i" r--' , " IC "'" ~ o :s .. III - (Il < III .. - o :s ... -"'I , ! :' i~ " ~,J ~~ ~~ \, ~~ " , ~ L- ' I' '--' r; L... - ~ ,~ =1 ' ~ ...........-; , -< , L'--' L' 1', I I" , I :r- r ': ~. t , ~ L.:;'- I I ~ -' ~ ,- ~,~ ~, -< , L'-' L' , , " I -( I ( :--.--- r: 1: , ' 1 '-< . L~ r .,.~;.~ , ' 3 ~~ ----r' ' -< , L'--' L' , -' , ~, ~, , , , <> '" r,ri.-, ~~, ~III 1 : '~l t,', : 111; I', , , '--' i " ! t o " '~Y-' ~ - I I" r;,~(.\<~~ ?1;;I:i~~ Jlll;J~'_f' ~: ~ ' Y' \ ~) Ul-;f,-,t, P;L ~;:',(\ urn..,. Il' ,,- ", .L ~ I;~ I;: ~: ,,' <> '. ~, , ;,-: -:-> , I ;'\>rl -~ (~ lJ/! ~j; -' ATTACHMENT D APPLICANT PROVIDED TRAFFIC STUDY ~_Q 5-Z3~E;. : '" '., .. ""'" ", ""- . "'- '-', ~":':/ ~ " 'i"ir>(' .' , ~' TRAFFIC STUDY FOR THE FIRST SCHOOL MONTESSORI AT 1792 San Juan Street TUSTIN, CALIFORNIA ~SS-I'-- ./ ~~IJ\ c",-,O{J~ ! :;:;0.:$ J. ?<G;~ ,,' / ,: '<::::<"\~ !: ) '.'~J;) '01 .', i , . ~" ,/,/ ;~...- .'~ < October 28,2005 ( Revised February 17, 2006) //';C~s'~" /'('\()~ - ,\/0/1:''>, /~t~j -i~(~'~' f" ::/,~/,,::\\ ... - I.' {, "..\ r., , ,. ., f:.,"i " o. '0\ / b' \:~~.~.' C,.',:\,:)~;" '< :" i' ; ~:\" ~~.,~>/ Prepared by ~ s:::- Norman Suker and Associates, Inc. 177 Riverside Avenue, Suite 1014 Newport Beach, California 92663 TABLE OF CONTENTS INTRODUCTION BACKGROUND EXISTING CONDITIONS STUDY METHODOLOGY PROJECT TRAFFIC ANALYSIS CONCLUSION FIGURES 1. Site Location Map 2. Site Development Plan 3. Zoning Map EXHIBITS A. Collision History at Farmington & San Juan B. 24 Hour Machine Traffic Volumes C. One Hour Manual Turning Movement Volumes D. ITE Trip Generation Rates E. Orange County Design Manual Page 100-3 F. City of Tustin All-Way Stop Warrant PAGE 1 1 6 9 9 11 14 2 3 5 INTRODUCTION The purpose of this study is to evaluate the traffic impacts of the proposed First School Montessori redevelopment project in the City of Tustin. The proposed project is located at the southerly side of San Juan Street and just easterly of Farmington Road (see Location Map- Figure 1). The site at 1792 San Juan Street encompasses approximately 0.388 acres and is improved with a single family residence that will be remodeled, expanded and converted to a preschool (day care center). The layout of the proposed project is shown on the Site Development Plan (see Figure 2). The applicant plans to add 221 square feet (SF) to the existing 2228 SF building for a total of 2,449 SF. The plans include a 4,142 SF outdoor playground and 12 on-site parking spaces. The preschool will accommodate a maximum of 49 students, five employees and will operate between 7:00 AM and 6:00 PM with actual classes operating from 9:00 AM to 3:00 PM. BACKGROUND According to the City of Tustin's Initial Study, the Planning Commission approved an application on July 24, 1995 for a project at 1792 San Juan Street for the same day care use and approximate student capacity. The applicant never initiated the project and the permit expired. The new applicant for the same project site has submitted Conditional Use Permit 04-008 and the Planning Commission considered their application on August 22, 2005. City staff had concluded that the applicant's project would not cause a substantial adverse impact. The city traffic engineering staff prepared some traffic analyzes for the project and concluded that the project does not represent a significant traffic impact on the surrounding street system. The Norman Suker & Associates, Inc. I First School Montessori Traffic Study L()CA TrON MAP CUP 04-008, DR 04-008, and SCE 05-001 1792 SAN JUAN STREET w ..__CI,........'.IOIHl1..' ap Norman Suker & Associates, Inc. 2 First School Montessori Tr~ffic Study I ..1 I :~'I~~~~ fi: I ~ ,~ . ,; ;, ~u AJn~ ~.'a:!' ~~;" ",'",' l"t~ l..., , i _ n'J .;Iil~ 9 , ~~?: !-", ~\:~~':~ '-I"~'"~ ';i~~" i" , r ~;~!. OODUld "o. 'If ;. ~ ~. ~h i~f)~......ct8~~Cj)00 (J!I@I:CJ)0fei'e · ~ G;'0~r ':Fi" i!lj II' '," ,:1, ~,''''I 1 I, ,G.:, """",,',! 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'. , ~!l Iii II !l , I Iii; 'I' , r., ~ , .i' ~, Q, f ~\" \1 I .~ ,I, ,,'.~. 9'1 rr' 0'1 : ;." ~\l~;'~~~q~,~,q(,:~ p ~ . .. ~ I ~ Yin:~~r ;~: n~~~p:':'t?~ ~ ~ ~9 ~ Y ~ ~ h.'... r'i!"I~~(~~~~~.,"~wi:il::~1: ~l ~~ ~i!;. 01:'\ ". ~ .,ql"I\', \"I"l ~..l.""'.p, I r d. r, i . !(t ~'H'.l""~'Uh~t~"" Y .~\) ~ !(~ t(,~l~~~'~'~;~~ 1!2:~:? ~ ".. -II. ..11 I", ~). ~l~"3'\',~~111 "i 'I . Q~ (1.... ",1 (1 ........u ~I)' ~il ' ..r. , \':)" <I 'I I n. tl'H't)~~l",~,,~ ,I t'/I(\, r) ! ' r.. I ~ "1"\l(,a~YH,,,p .i'~ ~~~,. r. ~ Rr:."J 13 f~~~~ji~~~;~{;~~~:~~t,r~ I ~~ oj ~~ ~~ ~ -' ~~'t2~~Ll'~~~:,~h~:,n:i~tJfJ 5" ~ iii~.''''U' ~11 III , "n ,I' '/il" "I"". "l,,'l\;I,'" "l:' Q ~ ~1 >)~ '" ,,"UJ.,,,,,-'~,~(,, H ~ ..._..n."..__"____ 11 :! .. , " h: ~: ., " ! '1 II ! \ C~----~----.----i. I ,. ~:~ i ~~,~, 0': ~ .~., ~,..:..'~ i :',.,.-., ~":r ' ~ d ;~ ~i . en ) \. M. _. I 1_...lL._5 :--n I i II.i E I'll t ~ " I" !(" . ~! I~~ ~ ~ loll:> Il ", !/'"9 ,.,' i',\ ili ~ i~: 9B! -( :~f! rigt ~ L.,: ~ ~z <'l ~~ it; ~ .,.. 'f ~ 3 :~.. ~t r' :3 :i'll" U~ ~ ,. i~' I ;I"!: I '( ;\lj : ~ '"! It'..i1'7".J}J.I I , t, ~ .. ,. ~ tJa ~i ,~ :::~o'i . oJ: ~gPn C"":t ;~; "~ll .. ""fll p..'(\. J: C1) ~-:.~~ J,.~~l'L ""'" . ". :(<q ~i\I' ~ ~+ oil' f' .,..... 3. R..~"l)!.!\l ~r '~I~ ~~"~9fQ I! ; jl~~ :~~~~\i I ~ ,I, : If'! !_? f.~1' I I !! > Il:~' !,~~ ~~,,~ , 'J)~.:" ''I''' 1'\ ,I ~.. I ~ ~,,,:j/ .' ~ ~ . ii: 11 , H' ~;Z' (,"~.; 2 ~ I ~,~ r~~ ~ ~~9 ~ ," I" ,'" ,j" 1, 1 ---- ~::~'I z .S \to~l, "'i" -I' 1/1,' ('1 ./ l':: ro 0: ... l':: <IJ E 0.. o ~ ;> <IJ o -I "III;, OJ 111 ~il .-:: :llm 1,1 "f CI) "/1'\ Ih I!, , ;Hil 'l'I:1 Ijii!1 :iN <( ::> ~ ! l:ilU ~ j~' ift! i l~: 'i~! ~ ~~~ ~~t t o_,@ €40! ..J ;> "0 a "" u t;:: .... o:l .... f-< 't:: o '" '" ll) - 0:: o ::s "0 o ~ U "" - on .... ii: <") <.3 >S ~ <:l 'u Cl '" '" "'<: o(j ... ~ <3i :::: ~ ~ applicant currently operates a Montessori day care school within the commercial shopping center on the southeast corner of Red Hill A venue and San Juan Street, but cannot justify renewing their lease. The applicant furnished to the city planning staff a week of log sheets demonstrating the drop off and pick up times of each of the 55 children attending the applicant's present preschool. The planning staff, in their report to the Planning Commission dated August 22, 2005, prepared graphs of the AM drop off times and the PM pick up times both in 15 minute intervals. The AM graph shows that the existing preschool has a peak hour for arriving preschoolers between 8:45 to 9:45 while the San Juan street AM peak hour is between 7:30 to 8:30. The existing preschool morning peak hour occurs after the street traffic peak hour and does not conflict. The PM graph shows that the existing preschool has a peak hour for pick up between 5:00 to 6:00 while the San Juan street PM peak hour is between 5:30 to 6:30. The existing preschool evening peak hour would conflict with the San Juan street peak for 30 minutes between 5:30 and 6:00. The quantity of trips during the 30 minute overlap would not be significant because their are two smaller pick up peak hours starting at 11:45 AM and 2:45 PM. At the Planning Commission's meeting of August 22,2005, the Commission opened the meeting to public comments. Residents of Farmington Road and Andrews Street either orally or via written communications objected to the applicant's project. The main objections the residents raised were that San Juan Street was congested, that apartment residents parked on San Juan Street, that the proposed project would severely increase traffic on San Juan Street and traffic safety was an issue at the intersection of Farmington Road and San Juan Street. Some Commissioners were concerned about when the city traffic engineer conducted traffic volume counts and if they covered the period when after school activities were in session. Norman Suker & Associates, Inc. 4 First School Montessori Traffic Study /'7 / " '- '-./ / ~~~~. ".:~i I .di ~.___._ ".,,,, /a 1 <r '..~ *",._ __ '_ ~ ,y, / .... -!-....~.....", ~J" rj" p --; "'~') fJ .." hi. {. :Ii'\' .~.. II ,i ;/" I' NIl':"Ct.. 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Inc. 5 First School Montessori Traffic Study EXISTING CONDITIONS LAND USE: San Juan Street between Red Hill A venue and Browning is zoned commercial, apartments, condominiums, churches, elementary and middle schools with the exception of Farmington Road which is zoned single family residential (see figure 3). The Farmington Road residents may feel that their type of property is not compatible with the rest of the San Juan Street properties and may resent any development that is incompatible with their property. TRAFFIC SAFETY: Between 1995 to the present, a ten year history, only two intersection collisions were reported. One involved a 12 year old bicyclist traveling the wrong way who collided with a southbound right turning Farmington Road vehicle. The second collision involved a 15 year old eastbound San Juan Street driver who lost control of his vehicle and hit an object. There were no injuries in either collision. (see Exhibit A) VEEH ELEMENTARY AND UTT MIDDLE SCHOOLS: Marjorie Veeh Elementary is a K-5 school located on the north side of San Juan Street just west of Farmington Road. Regular classes start at 8:00 AM and the last class ends at 2:08 PM. There are two after school programs at the school. One is the Achieving Success Academic Partnership (ASAP) program which ends at 5 :08 PM and the second is a Fee for Service program that ends at 6 PM. In the spring there Norman Suker & Associates, Inc. 6 First School Montessori Traffic Study is Little League baseball that operates between January and June. In the fall A YSO soccer operates between September and November. Both athletic programs play until dusk. Un Middle is a 6-8 school located on the west side of Browning Avenue between San Juan Street and Bryan Avenue. There are two after school programs at the school. One is ASAP which ends at 5:30 PM and the second is the Camp Fire program that ends at 5:30 PM. In the spring there is Little League baseball that operates between January and June. In the fall A YSO soccer operates between September and November. Both athletic programs play until dusk. PARKING: On-street parking was observed on three different occasions while manual turning movement traffic counts were conducted. The three observations were taken on Friday 10/7/05 from 5 to 6 PM, Thursday 10/13/05 from 7: 15 to 8: 15 AM and Thursday 10/20/05 from 7: 15 to 8: 15 AM. The on-street parking on San Juan Street was consistent with parking along the south side at full occupancy in front of the apartment building and the project site. Parking on the north side was limited to approximately three cars on each side of Farmington Road. A few cars left while making our observations and each driver came from the apartments on the south side. On-street Farmington Road parking was very sparse except for the west side just north of San Juan Street. The corner house at the northwest corner was undergoing construction and construction vehicles used parking on both San Juan Street and Farmington Road at various times. No apartment residents were observed parking on Farmington Road. Parking is restricted with red curb on the north side of San Juan Street from Farmington Road easterly for about thirty-five (35) feet. Norman Suker & Associates, Inc. 7 First School Montessori Traffic Study ROADWAY GEOMETRICS: Both San Juan Street and Farmington Road are 40 feet wide between curbs and each has a painted double yellow centerline. Concrete sidewalks exist on both sides of both streets. A stop sign and markings exist on Farmington Road at San Juan St. TWENTY-FOUR HOUR MACHINE TRAFFIC VOLUMES: The city obtained a two way traffic count on San Juan Street taken on 12/10/04 at a location east of Farmington Road with a total volume of 2348 vehicles. New traffic counts were taken on the approaches to the San Juan Street and Farmington Road intersection. One count in each direction of San Juan Street was taken on 10/13/05 when Veeh and Utt schools were closed and one count was taken on 10/19/05 when the schools were in session. The total volume on San Juan Street taken on 10/13/05 was 2113 (schools closed) and 2619 on 10/19/05 (schools in session). One would expect that the city count would be lower because traffic eastbound turning into Farmington Road and southbound Farmington Road traffic turning right would not be included in the city's traffic count. Also the city's count may not have included after school athletic traffic. The two new southbound counts taken on Farmington Road north of San Juan Street are 233 taken on 10/13/05 (schools closed) and 137 taken on 10/19/05 (schools in session) (see Exhibit B). ONE HOUR MANUAL TURNING MOVEMENT VOLUMES: Three one hour counts were taken at the Farmington Road and San Juan Street intersection. One in the PM peak hour 5-6, one in the AM peak hour 7: 15 - 8: 15 while school was closed and one in the AM peak hour 7:15 - 8:15 when school was Norman Suker & Associates, Inc. 8 First School Montessori Traffic Study in session. The purpose of obtaining these manual counts was to determine the amount of traffic entering and exiting Farmington Road at San Juan Street. In addition, observations were made to determine the difficulty of Farmington Road drivers to enter San Juan Street and for San Juan Street drivers to enter Farmington. In the PM peak hour only five vehicles entered San Juan Street from Farmington Road, four making a right turn and one a left turn with no difficulty for all drivers. In the AM peak hour when school was closed 17 vehicles entered onto San Juan Street, 16 making a right turn and one a left turn with no difficulty for all drivers. In the AM peak hour when school was in session 28 vehicles entered onto San Juan Street, 22 making a right turn and six a left turn with no difficulty for all drivers. (See Exhibit c) STUDY METHODOLOGY The study methodology begins with determining the net trips generated by the project during the Weekday AM Peak Hour, PM Peak Hour and 24 Hours. The corresponding existing trips that are generated from the existing single family residence on the project site are subtracted from the project trips to arrive at the net trips. The trips were based on the Institute of Transportation Engineer's publication" TRIP GENERATION, 5th & 7TH EDITIONS". The trips were then added to the current San Juan Street traffic volumes to determine the impact the project generated traffic has on San Juan Street traffic. PROJECT TRAFFIC TRIP GENERATION Trip generation is based upon studies made at similar sites throughout the nation. Many of these are summarized in the Institute of Transportation Engineers's (ITE) Norman Suker & Associates, Inc. 9 First School Montessori Traffic Study Trip Generation. Exhibit "D" includes the ITE trip generation rate sheets for Land Use: 565 Day Care Center and 210 Single Family Dwellings (see Exhibit D). The trips generated by the proposed project are calculated as follows: WEEKDAY TRIP GENERATION SIZE PROJECT RATE TRIPS EXISTING TRIPS NET TRIPS (Trip/Unit) 5 Employees 28.13 141 -10 131 2.449 SF(1000) 79.26 195 -10 185 49 Students 4.48 220 -10 210 AM PEAK HOUR OF SAN JUAN ST. TRIP GENERATION PROJECT RATE TRIPS (Trip/Unit) 4.91 12.79 0.80 AM PEAK HOUR OF SCHOOL TRIP GENERATION PROJECT RATE TRIPS EXISTING TRIPS NET TRIPS (Trip/Unit) 5.14 13.56 0.82 SIZE 5 Employees 2.449 SF(1000) 49 Students SIZE 5 Employees 2.449 SF(1000) 49 Students EXISTING TRIPS NET TRIPS 25 32 40 -1 -1 -1 24 31 39 26 34 41 -1 -1 -1 25 33 40 Norman Suker & Associates, Inc. 10 First School Montessori Traffic Study PM PEAK HOUR OF SAN JUAN ST. TRIP GENERATION SIZE PROJECT RATE TRIPS EXISTING TRIPS NET TRIPS (Trip/Unit) 5 Employees 4.79 24 -1 23 2.449 SF(lOOO) 13.18 33 -1 32 49 Students 0.82 41 -1 40 PM PEAK HOUR OF SCHOOL TRIP GENERATION SIZE PROJECT RATE TRIPS EXISTING TRIPS NET TRIPS (Trip/Unit) 5 Employees 5.19 26 -1 25 2.449 SF(lOOO) 13.91 35 -1 34 49 Students 0.85 42 -1 41 TRIP DISTRIBUTION The home/work trip is the major component of Weekday AM and PM Peak Hour trips. The trip distribution is principally based on assumed work centers, existing traffic counts and engineering judgement. Based upon these factors the First School Montessori project trip distribution was determined to be 65 % from the west and 35 % from the east. ANAL YSIS San Juan Street is a two lane collector roadway 40 feet wide between curbs and extends from Newport Avenue to Browning Avenue. Between Red Hill Avenue and Browning Avenue parking is permitted on both sides of San Juan Street. There is a traffic signal at San Juan Street and Red Hill A venue and a three way stop sign at San Juan Street and Tustin East Drive (opposite Veeh School). There is also a stop Norman Suker & Associates, Inc. 1l First School Montessori Traffic Study sign on San Juan Street at Browning Avenue. The Orange County Highway Design Manual lists the maximum planned capacity of a residential collector street as 6000 vehicle trips per day (see Exhibit E). Some other references list a higher capacity in the 10,000 vehicle trips per day or more range. According to the traffic count taken on 10/19/05 when schools were in session and after-school activities were taking place the number of trips recorded was 2,619. This means that San Juan Street is operating at 43.65 % of its maximum capacity based on a 6000 trip maximum. When the project's net trips (using the highest value - student rate) of 210 are added to the 2,619 trips for a total 2,829 trip per day. After the project trips are added to the existing traffic, San Juan Street will be operating at 47.15% of its capacity of 6,000 trips per day. The daily San Juan Street maximum traffic impact from the project would consume 3.5% of its available capacity. If the street capacity were evaluated using a maximum capacity of 10,000 trips per day, then the current street traffic plus the project traffic would operated at 28.29 of its capacity. The peak hour capacity of San Juan Street is 10% of the 6,000 daily trip traffic or 600 trips per peak hour. According to the traffic count taken on 10/19105 when schools were in session and after-school activities were taking place, the number of peak hour trips recorded between 7:30-8:30 AM was 436. This means that San Juan Street is operating at 72.67% of its maximum peak hour capacity based on a 600 trip maximum. When the project's net trips (using the highest value - student rate) of 39 are added to the 436 AM peak trips for a total 475 trip per day. After the project peak hour trips are added to the existing peak hour traffic, San Juan Street will be operating at 79.16 % of its capacity of 600 peak hour trips. The AM peak hour maximum traffic impact from the project would consume 6.43 % of its Norman Suker & Associates, Inc. 12 First School Montessori Traffic Study available AM peak hour capacity. If the street capacity were evaluated using a maximum capacity of 1,000 trips per peak hour (10% of 10,000), then the current street traffic plus the project traffic would operated at 47.5% of its capacity. According to the traffic count taken on 10/19/05 when schools were in session and after-school activities were taking place, the number of peak hour trips recorded between 5:30-6:30 PM was 258. This means that San Juan Street is operating at 43 % of its maximum peak hour capacity based on a 600 trip maximum. When the project's net trips (using the highest value - student rate) of 40 are added to the 258 PM peak trips it totals 298 trip per day. After the project peak hour trips are added to the existing peak hour traffic, San Juan Street will be operating at 49.67% of its capacity of 600 peak hour trips. The PM peak hour maximum traffic impact from the project would consume 6.67% of its available PM peak hour capacity. If the street capacity were evaluated using a maximum capacity of 1,000 trips per peak hour (10% of 10,000), then the current street traffic plus the project traffic would operated at 29.8% of its capacity. It is estimated that a maximum of only 137 addition daily project trips (210 x 65%) will enter the San Juan Street and Farmington Road intersection since 35 % of the project traffic would come from and return to the east of the intersection. The installation of a 3-way stop sign at the intersection of San Juan Street and Farmington Road was evaluated (see Exhibit "F") and based upon the significant difference in daily traffic volumes (137 Farmington Road verses 2619 San Juan Street), approximately 75 % of Farmington traffic turns right and the intersection has experienced no traffic collisions in the past five years, it was determined that the stop signs were not warranted. If stop signs were to be installed on San Juan Street, parking would have to be restricted on the south side of San Juan Street in front of Norman Suker & Associates, Inc. 13 First School Montessori Traffic Study the apartments and the noise factor from cars, motorcycles and trucks stopping and starting could annoy both apartment residents as well as Farmington Road residents living near the intersection. CONCLUSION The First School Montessori project will be developed on property that is properly zoned for its use. The traffic generated from the project will not significantly impact the surrounding streets and the project should be approved. It should be noted that this study considered the worst case scenario and the operators of this project will have less of an impact than is described in this study. In response to the objections raised at the August 22, 2005 Commission meeting, we would respond as follows: 1. San Juan Street is congested. San Juan Street is currently operating at 44% of its daily 6000 vehicles per day capacity now and with the project it will be operate at 47%. Only during the morning peak hour does current traffic reach n.67%of its capacity and with the additional project traffic, San Juan Street could operate at 79.16 % of its capacity by ITE standards, which is not considered congested. As discussed before, the applicant will most likely generate less traffic because some of their clients and employees walk and car pool to the preschool. The applicant's existing operation shows that their is no conflict between the existing street peak hour and the preschool's AM peak drop off hour. 2. Apartment Residents Parking on San Juan Street. The city should consider restricting parking on the north side of San Juan Street if the Farmington Norman Suker & Associates, Inc. I4 First School Montessori Traffic Study Road residents request the restriction. The parking restriction would improve the sight distance and safety of Farmington Road traffic entering San Juan Street. The parking restriction would also reduce the noise to the Farmington Road residents close to San Juan Street when parked cars start up, car doors are opened and closed, and car occupants talk loudly outside their vehicle. 3. Traffic Safety. The intersection has experienced only two non-injury collisions in the past ten years. That record would indicate that the intersection is safe. 4. Incompatible Land Use. Farmington Road single resident properties consist of above average priced homes and the only way to change the characteristic of the land use is to cul-de-sac the street at San Juan Street. This solution is beyond the scope of this report, but if the Farmington Road residents are interested in this suggestion they should contact the city to see if it is feasible. 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"-"<<1 <:VJ ~a3:w 0::", ,,>:0 ~~~I~ 0'" 0. ~ ~~~ ~ ~ m!U) " j; j " " " .Q a VJ EXHIBIT "B" ;== 24 HOUR INTERSECTION VOLUME ~NORTH-SOUTH ST : -FARMINGTON EAST-WEST ST : - SAN JUAN DATE : 10-19-05 I NORTH LEG SOUTH LEG EAST LEG WEST LEG TOTAL 12:00 -- 0 0 4 12 16 1:00 --- 0 0 2 2 4 2: 00 0 0 1 2 3 3:00 1 0 4 4 9 4:00 I-- 3 0 1 3 7 I I 5:00 f--- I 2 0 8 10 20 I 6:00 I 6 0 34 33 73 7:00 15 0 180 139 334 8:00 --H- 12 67 206 285 9:00 _. 11 29 55 95 10:00 -. ~:OO 8 0 26 43 77 AM 5 0 38 42 85 12:00 PM 7 0 122 104 233 1:00 -- 7 0 54 75 136 I -~ 11 0 65 97 173 I 3:00 7 0 60 88 155 I 4:00 1--- 6 0 62 77 145 5:00 I 12 0 136 97 245 6:00 11 0 86 157 254 7:00 -- I I 6 0 61 94 16l 8:00 I 5 0 44 48 97 ! 9:00 1 0 23 47 71 10:00 151 1 0 34 50 I 11:00 ~ I 0 0 13 15 28 12: 00 _. "-- - 2,756.J l .c1 137 0 1,135 1,484 -' -. . ~u_.. Prepared by NEWPORT TRAFFIC STUDIES [-~~~-='=_.- NORTE-S EAST-WE o o ___a_____________. "__ --- 15 MINUTE COUNTS OUTE ST : -FARMINGTON ST ST : - SAN JUAN DATE : 10-19-05 .---L - AM PM H EAST WEST TOTAL NORTH SOUTH EAST WEST TOTAL LEG LEG LEG LEG LEG LEG 2 0 2 12:00 0 12 15 27 1 6 7 4 46 30 80 1 3 4 0 38 36 74 0 3 3 3 26 23 52 2 1 3 1:00 1 12 19 32 0 1 1 5 18 16 39 0 0 0 1 9 17 27 0 0 0 0 15 23 38 0 1 1 2:00 6 13 n 40 1 1 2 2 13 19 34 0 0 0 0 21 29 50 0 0 0 3 18 28 49 1 3 4 3:00 2 12 16 30 1 0 1 2 11 21 34 1 0 2 2 25 28 55 1 1 2 1 12 23 36 0 0 0 4:00 0 12 15 27 0 1 2 3 16 15 34 0 2 2 0 12 23 35 1 0 3 3 'PM.~ 22 24 49 2 4 6 5:00 4 35 21 60 0 0 0 0 5: .:30..(,:30 i~ 20 55 0 2 3 4 ib"3 =33 30 67 6 4 11 4 s<:l ::=- 33 26 63 8 5 14 6:00 3 55 ::= 25 30 58 3 15 19 6 ~l - 21 60 87 10 7 19 2 (ZS$) 25 34 61 HtJfA~ 13 6 21 0 15 33 48 M 12 15 28 7:00 0 19 32 51 -'i~3c> 13 12 28 2 12 23 37 B '" 58 40 105 2 6 21 29 '1 '" 97 72 173 2 24 18 44 ~ "" 25 63 94 8:00 2 11 22 35 I = 16 65 83 0 9 5 14 - ") 13 41 57 3 6 16 25 13 37 51 0 18 5 23 9 26 41 9:00 0 11 12 23 6 12 20 0 4 15 19 10 8 20 1 6 10 17 4 9 14 0 2 10 12 10 8 21 10:00 0 5 12 17 5 13 19 1 5 9 15 8 10 19 0 3 8 11 3 12 18 0 2 5 7 6 9 17 11:00 0 3 4 7 5 4 11 0 4 2 6 10 15 26 0 3 5 8 17 14 31 0 3 4 7 Prepared by NEWPORT TRAFFIC STUDIES - - -- . NORTH SOUT LEG LEG o o o o o o o o o o o o o o 1 o o 1 o 2 "- 1 1 1 2 ~ ~~ 3 7:- 7 q 4 ib 6 I 2. S 3 4-3 1 6 2 2 1 3 1 1 3 2. 2. 1 o [. :~:TH-:~UTH ST-~~;~~:T~:ERSE~;~~N ;~L~E EAST-WEST ST: -SAN JUAN r~=="~--=~-.-- -=-----~~------- NORTH LEG SOUTH~E~~T LEG 12 : 00 =---+--=:: i 1: 00__ : : -t-- 1: I :::: F' ,-r--, r-- 1 4: 00 -- 1 5:00 7 6:0~~ 7:00 '--- 8 n 3:00 14 9:00 18 II _ r;-::::~L~! - ~- AM=f;:";L 00 -: ~_ I PM I ---I 12 I I 1:00 i-------;:~ I I 2 :00 ' 9 I '~ --- " 1 ",DO '--- 17 5:00 ----- 11 6:00 17 7:00 15 i-=-:OO I 9:00 ----- /70: 00 r:: i 11:00 ~_~= ~~2~O~J~ 11 1-- 'I 6 7 DATE 10-13-05 0 0 0 4 0 5 0 12 --- 0 33 0 30 0 27 0 29 0 30 0 37 0 40 0 40 0 40 0 60 0 113 0 106 0 55 0 60 0 36 0 21 - - WEST LEG TOTAL 13 26 10 16 4 5 4 5 5 10 12 24 27 47 25 75 43 87 41 86 61 99 61 102 50 99 79 133 61 110 71 125 70 147 134 258 159 282 145 215 82 153 76 118 54 82 ,:~c __: ~ ,:: 16 42 _~_303 __ 2-,346/ Prepared by NEWPORT TRAFFIC STUDIES [ __ _._.. _.. '_"'_"___~__".m_ _ ___ ._-~..__._-,-_.__._.. .-. , .."--,,..- 15 MINUTE COUNT NORTH-SOUTH ST : -FARMINGTON EAST-WEST ST: -SAN JUAN -=L______ A}f NORTH SOUTH EAST WEST TOTAL LEG LEG LEG LEG 1 7 1 9 12:00 0 1 8 9 1 2 2 5 1 0 2 3 0 2. 5 7 1:00 0 2 3 5 0 0 1 1 (I 2 1 3 0 0 2 2 2:00 0 0 0 0 0 1 0 1 0 0 2 2 1 0 1 2 3:00 0 0 0 0 () 0 0 0 0 0 3 3 1 1 2 4 4:00 0 0 1 1 0 0 0 0 0 3 2 5 1 0 2 3 5:00 1 1 3 5 4 1 3 8 1 3 4 8 1 5 8 14 6:00 1 0 7 8 3 5 4 12 3 2 8 13 4 7 1 12 7:00 4 6 11 21 5 8 7 20 4 12 6 22 2 6 7 15 8:00 3 6 20 29 2 6 10 18 7 12 6 25 7 7 9 23 9:00 4 6 10 20 3 4 12 19 4 10 10 24 3 11 11 25 10:00 2 9 22 33 3 5 14 22 1 4 14 19 3 3 17 23 11:00 2 7 12 21 6 14 15 35 0 Ii 17 23 Prepared - ----..- .- .-..---- ---.--.----. . .__ _. n_.. n_.._. . __________. _.. .-.-.-- -~ .- ----- - -. I S DATE : 10-13-05 PM TH SOUTH EAST WEST TOTAL G LEG LEG LEG 6 12 11 29 3 8 10 21 0 6 17 23 3 11 12 26 4 13 18 35 2 7 20 29 6 10 22 38 2 10 19 31 2 17 17 36 1 10 20 31 4 6 11 21 2 7 13 22 2 8 16 26 5 9 19 33 4 10 20 34 3 13 16 32 3 15 15 33 3 13 12 28 6 15 23 44 5 17 20 42 4 21 24 49 1 22 27 50 3 30 34 67 3 40 49 92 2 28 51 81 6 28 33 67 6 23 32 61 3 27 43 73 3 20 60 83 5 13 45 63 2 11 26 39 5 11 14 30 0 12 24 36 4 19 15 38 1 22 20 43 6 7 23 36 1 9 25 35 5 9 17 t 31 0 12 20 32 0 6 14 20 5 7 12 24 2 5 19 26 0 4 15 19 0 5 8 13 7 5 6 18 1 5 4 10 3 3 4t 10 0 2 2 4 I by NEWPORT TRAFFIC STUDIES - NOR LE TRAFFI:: DATA SERVICE~, !NC. lOCATION CODE 10403.119 ~w**~****wwww*w*w**w***w*******~w*******w**w********_.._**~***ww***********w*****w**www****~***-*w**.***************_.. LOCATION - SAN JUAN-BTN BROWNING/RED HILL AVERAGED VOLUME S FOR . THURSDAY 12/9/04 TO FRIDAY 12110/04 ****************.****.***** AM ************************** **************.***~******** PM ************************* TIME EB WB TOTAL TIME EB WB rOTAL *******************.**************************************,***********..,*************..*,*.**..*..**.*********..*****- 12:00 12: 15 2 1 3 12:00 12:15 12 14 26 12:15 12:30 4 2 6 12:15 12:30 6 9 15 12:30 12:45 0 0 0 12:30 12:45 18 6 24 12:45 1 :00 1 7 0 3 1 10 12:45 1:00 10 46 15 44 25 90 1:00 1 :15 0 0 0 1 :00 1 :15 22 2 24 1:15 1 :30 1 0 1 1 :15 1 :30 7 14 21 1:30 1 :45 1 0 1 1:30 1:45 19 10 29 1 :45 2:00 0 2 0 0 0 2 1:45 2:00 16 64 17 43 33 107 2:00 2:15 0 1 1 2:00 2:15 24 14 38 2:15 2:30 0 1 1 2:15 2:30 42 68 110 2:30 2:45 0 0 0 2:30 2:45 28 46 74 2:45 3:00 0 0 0 2 0 2 2:45 3:00 25 119 27 155 52 274 3:00 ;: 15 0 0 0 3:00 ;:15 20 19 39 ;:15 3:30 0 0 0 3:15 3:30 14 12 26 3:30 3:45 0 0 0 3:30 3:45 24 14 38 3:45 4:00 0 0 1 1 3:45 4:00 13 71 12 57 25 128 4:00 4: 15 0 0 0 4:00 4: 15 19 18 37 4:15 4:30 0 0 0 4:15 4:30 16 21 37 4:30 4:45 2 3 5 4:30 4:45 27 20 47 4:45 5 :00 0 2 4 1 6 4:45 5:00 24 86 24 83 48 169 =:00 5:15 2 1 3 5:00 5: 15 20 29 49 5:15 5:30 4 3 7 5: 15 ;:30 26 30 56 5:30 5:45- 0 0 0 5:30 5:45 30 47 77 5:45 6:00 2 8 3 7 5 15 5.:45 6:00 18 Q4 24 130 42 224 6:00 6:15 7 9 16 6:00 6:15 21 25 46 6:15 6:30 2 4 6 6:15 6:30 18 22 40 6:30 6:45 16 16 32 6:30 6:45 22 21 43 6:45 7:00 10 35 9 38 19 73 6:45 7:00 28 89 26 94 54 133 7:00 7: 15 12 10 22 7:00 7:15 ." 19 33 7:15 7:30 27 28 55 7:15 7:30 12 16 28 7:30 7:45 52 72 124 7:30 7:45 12 12 <" 7:45 B:OO 43 13~ 104 214 147 348 7:45 6:00 ," 52 29 76 43 iZe B:OO 8:15 26 12 38 8:00 8:15 12 "? 34 <" B:15 B:30 14 19 33 8:15 8:30 8 25 33 8:30 5:45 12 19 31 8:30 8:45 8 22 30 8:45 9:00 8 60 6 56 14 116 8:45 9:00 10 38 14 83 24 121 9:00 9: 15 10 13 23 9:00 9:15 8 15 23 9:15 9:30 10 7 17 9: 15 9:30 1 10 11 9:30 9:45 12 13 25 9:30 9:45 10 5 15 9:45 10:00 7 39 4 37 11 76 9:45 10:00 2 21 3 33 5 54 10:00 10:15 12 7 19 10:00 10: 15 6 8 14 10:15 10:30 8 14 22 10: 15 10:30 3 4 7 10:30 10:45 5 9 14 10:30 10:45 4 3 7 10:45 11 :00 16 41 7 37 23 78 10:45 11 :00 6 19 7 22 13 41 11 :00 11 :15 7 7 14 11 :00 11:15 0 6 6 11: 15 11 :30 14 6 20 11:15 11 :30 1 2 3 11 :30 11 :45 13 9 22 11 :30 11 :45 2 2 4 11:45 12:00 16 50 " 36 30 86 11 :45 '\2:00 2 5 1 11 3 16 '" ~*~*~~~~~~~~~~~~*~*~~~~****~~***~**y*****w*********w******************************************************************* TOTA~S 378 435 813 70' 831 1.535 AD~':- \ .0:: .:':0: _.;""1< ",.""'"'.....,......."",..".,."*'Ir.",""."...r..,.,................".""".~""."..".",.......".."..".......,..*"'"........*'/Pw..*"'.".,,..,.........,...,.,.,..........,............=....,.....~."..".""..,......."'~*.",..","'...".~,..."''''''',..,.,.,.....'''.,.,."."'......''''''",........,.,..,..,"'..."."....,.,.,..'Il"'r EXHIBIT "C" i ,:: .... . I, I i i I 00 .' '! : 1~IZ2W~:!bi1Ulll: ni ~.. ~- j --... i ... J!' r L. --'--=r= -1 ~~ i .._LII~':' -=C.=__~'- {~ ',1 PKR.L' 'lJ Et!JJIl1G .- , 15 , I,) 30 '145 00 in5 30 --. 45 00 15 30 f..-- 45 c..__ 00 15 ! 1/ f1I- {~ 9I[pnrum SUKJr ant! .JI/ssociate.s, [ru;. I 177 !1Qversitie JIlve., Suite 1014 !lI&WPOTt 'Beacn, California 92663 DATE . /"/ZOI05 DA~ ~s b+r TIME " - f"<.'/.s: AM SPECIAL CONDITIONS.5cI-iocl~ Of1!:;tv' [] .. INTERSECTION :SAN .J VAN $I. and FA(2..M I,J G TVt-l KeAD RECORDER I . A.. Adult c= r.hiJd VEHICLES PEDESTRIANS I 2 Jr- ,,14:,- l!~-" '2. :( 1 I ' ..J -- - L--.} '-- 44 I I> ~"\lJ 0 I ~ 2- 01'0 l' \0 2- LI ~ i (p I i 02.-, 7 0 1.+l~ ? i 5 1-- . ?=(P~15 ~. n"i::L:.~-,:= :J._~ ,=r l . !-. -.-.--.- - ---- r-~+_--. __._._L_.u, ..--_._---~- .-+-1----+---1-- I !! I; , 1:1 ... .1.-) .ci.:":'ll. .. - .... :..-~-J.l' .=r - ..... 1_-- i - -j---r------i----]-. ". . ----,---- -- -1 -i---r' i I I ! i - ---i----i i ']- --t-- -J- .! ..~.__ __.! 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' 4-i I i-foe_wi un_ I I.! -f -:. ~t __ __L_~..l~_ _ ! !TAL , 00 15 30 -- --. 45 00 15 ----1- I --1- I I J____I_ -- J I i I ___ I I - I , I ! -~--- Rt- {tJ- ;CJ/7/D~ DATE , " DAY F/Z...! D~ TIME 5"- to M SPECIAL CONDITIONS ScJ-IooL ,..1 ~S.>/,yV [] 9{sJrman Su/(Jr fJTlli Jllssociatts, Inc. I 177 a(jversuu ~ve., Suite 1014 9.&wport 'BeacfJ, California 92663 IrlTERSECTION .:SAN J VAN $I. and FA~M''';e, TVr-J KcAD RECORDeR A= Adult c= child 1- VC:HICL"o PEDESTRIANS ..)?- -.l-4r--- I.~_.. ACAt.:J....C. I 415 o CJ 310 o I 1 013 6 D o o , i I - _l.,.. I I I , , I , I - --~.- I u... I I , I --- -r~--" __J_ .-- ! : I , -rH '-'f - , .--- --.-.j -'--..'-'i~"--- i i ..j__ '.__..4_'......_...____. I I j -~- -1-' , --+---. --,-_._--- I ..--.1.__ 00 . , 15 ,:S 30 45 00 t 1/ 'I( " ~~: -- 1- 15 30 - -- 45 /---- 00 I I .L__L . I I -,-- , i .oj _ f4l- {il- !JI(prman Suk/r ana Jllssociates, Inc. I 177 fI(jverside Ave" Suite 1014 9I&wport 'lJeach, Califomill. 92663 DATE , 10 I/'~ /os DAY TlJf<lIS iDA~ . TIME .' 15 - g . 1 S AM SPECIAL COND ITIONSSc.>>-OO L s C La So6/) [] INTERSECTION SAN J VAN ST, and FA~M I";e,. Tf)r-J KeAD RECORDER VeHICLE;; ,. i I ..1 I i I roo -. .-r"' I ,. . A'" Adult C'" chil d PEDESTRIANS /2 U,3-l-l4r.- 1~_. AcAl:/\.C.. 7 8 9 10 III I I I I . ... --.-.nJ m...--..+..-.n-ru_- -.- __.._ ____ . ___. _..__,.__ _. ,_ u.n_'... ._1_ I! l i n,._ ----: 'T'- ----- I. I .. .___._..L... nl- t-I- _nO - .~- -.- ----.f- -. -.-j-- m_' - --,---- - -- -,_.t- I I L i - --r--l-- --- I I -~_!.- t - 1----(.-..-- ..--- --- -- ---- uni. -{-. -t- I I I -. j ......... I .. I . : PF:R.LI'U 1 I' ') ',', ,L; E{~DIt1G f-..,J L-.j.-'-- . (p I '3 ! I v l 'Z. i 12- 0 "t----- '6 &;; 1 ~ 15 14-! 7 Z+iv -,,-.--. I 30 *-1---.- r ---t.. _n_ L.- ~51 ~-- 1 : 00 ,I , , 4-oiZ315t2U14 ,/0_1 \ !- l-~! I ;- i n_.n! .... J" I..r ::..1- ...LJ ~_.:.-.:: ==-~~-- 415 6 I -z.is- 0 z.. I? I 014 0 l?_j1_.j_~. .u -. ! - -.-t-. ___ n. n_.~-j-_. I !) I I _-::u(_-J~~_ .m~_-~:_ I . L_ -------L-..j I ! ! --- -r-.-.,.-l- ! I I -r-' - I . - .-- .-'- ...-....+--- i I ." -- --.."j--'---' I ; _:- -~-'-I- I EXHIBIT "D" Land Use: 565 Day Care Center Description A day care center IS a free-stancllng facility where care for pre-school aged children is prOVided. normally d~nng the daytime hours. Oay care facilities generally inClude Classrooms. offices. eallng areas and playgrounds. Some centers also proVide after-SChOOl care for children. Additional Data Peak nCIlfs of n,e 9&n9n;.tOr- The w..el<day a.m. and p.m. peaK ho~rs of the generator typiCally cOlncldeCl witn the peak hours of me aCllacent SlIeellrattic. fne Sites were s~rveyeCl from the m,Cl-1 9aos to the 20005 throughout me United States Source Numbers 169.208.215.253.335.336,337,355,418,423,536 550,562,563 TfJp Genefiwon. 7m EClillon 1025 InsUlule Of Transportation Engineers --- Day Care Center (565) Average Vehicle Trip Ends va: Dna: Employees Weekday Number of Studies: Avg. Number of Employees: Directional Distribution: 10 13 50% entering. 50% eXiting Trip Generation per Employee t--- AVH. fa. ge Rate ~---- _.______..2813 Rang.. of RClte, 1250 . 50.43 Standard Deviation 10.84 Data Plot and Equation 900 :--~._----'~.--_._---~_.......---~~---_._......, I I tlOO "I 7011 ---:- , .-' _.-- / .. g w .~ ;: .!l; <, X' .. ;;> :,;, '" '" ~ -_.--- 60'':' -t I . - ..-':..:..---- i ~Ov -r , .._~->.;./ , ..vu --: i - ./-"'"~ :.: " ..1>-- ,.-- I- 300 ~ .____'c' .-.- ~Q() '1. 10e i , i o ~._~,- ,.~"-;-_._---,--- -;-r--;- -'--,-~- r-' - -,-:-~---,-----:-._--~-_.~~---j 6 7 0 !j '0 11 1'::: 13 14 15 16 11 18 lS 2D Zl ~2 23 2... 2; X;;:: Numper 01 Employees ACh.oI~1 tl..at.:J POlrH$ F.neQ Curve - - - - - - AII.rage 'bile F.nell Curve Equation: T - 25.~6(X) ,- 29,07 R' ,,0.61 Tnp Gener,)~.':J(J, It II ["M,on 102e lnStltute of Transponalton EngIneers Day Care Center (565) Average Vehicle Trip Ends vs: Employees On a: Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 7 and 9 a.m. Number of Studies: 59 Avg. Number of Employees: 10 Directional Distribution: 53% ente~ng. 47% eXiling Trip Generation per Employee ~__~~erag~_.Rate 1 ~_91 l__,._____~_____ Range of Rates 1.88 - 1633 Stanaara Pelllat,on 3.04 D!lta Plot and Equation 150 14Q 1 130 .. 1..::0 c 11iJ '" u C UJ 100 - 1- ;c " '" 7i ;; - ,'. " so: > '" '" I ,:~ m " h 9.' J <: E.:J .. . '~; , .... ;jl.l i , ", ~ , 3(J . :::0 - ". .-. I I I , , , I , I , I ~: . , ,U+-.----...-r -----1 30 o 1U 2C1 x ;:; NurllDer of Employetot-S AClI.lal (J.}IJ pOlm.:;; - - - ~ ~ - A\lera5lC: Rst~ Flneo Curve e'l~alion; Not gi,en R~= ....... Trip GeneraTIon 7tn ECMlon 1027 institute or Transportation Englnaers LJay Care Center (565) Average Vehicle Trip Ends liS: Employees On a: Weekday, Peak Hour of Adjacent St."eet Traffic, One Hour Between 4 and 6 p.m. Number of Studies: Avg. Number of Employees: Directional Distribution: 60 11 47'Yo entering, 5~% exiting ~.- !rip Generation pet Employee Average Rate Range of ~~tes 0.69 . 1400 StanoarCl Deviation 3.19 I ~ 4.79 Data Plot and Equation 300 T- "-~-"--"---- ,. g ~D0 - '" g. ,~ S! u 1': ., '" '" o. ~ " 0> <( II 1~8- I- ~,' '.If " _. .' o ~~--"------'-----~-'-I_ ------..---- I -.----1 c 10 20 3U .0 ;0 x = NL~mO~( or Emplu'Ye~s A{.:~..al P~II..1 PQiOb - - ~ - - - A\ler~ge R;;ue Fmea CUJVe. E'IIJ~tjon: Not siven R2 = .... fop GelidrQ(p~n. 7m EdltJon 1028 ln5tltute: ot Tran~pOrtatlon Engloeer'3 Day Care Center (565) Average Vehicle Trip Ends vs: Employees On a: Weekday, A.M. Peak Hour of Generator Number of Stuaies: 59 Avg. Nl.lmber of Employees: 10 Directional Distribution: 53% entering, 47% exiting Trip Generation per Employee I Average Rate I ...- -~_..- : 5.14 Range of Rates 2.06 . 16.33 Standard Deviation 3.13 Data Plot and Equation '00 l 1:;6 ~ x 140 - 13u 1 ',~O .! , , ~ " w a. " r- ill " ~ '" :> l1U lac " , g(J ...., 80 - ~ '" ~ <l: " r- 70 --: , 60 ...; -" , 50 i 1 40 i , 30 - '" ". .Ii. " 21.; i 10 +---.---- o 10 20 30 x = Numoer ot Employees - AO::(Llal Data POints - - - - - - A~'8r"ge Rate Flltea Curve Equallon: No! given R2:: .11.'11' rnp GeneratIon, 7m EOltlon 1029 InSmutia ot T ranspor!at,on "nglnssrs Day Care Center (565) Average Vehicle Trip Ends vs: Employees On a: Weekday, P.M. Peak Hour of Generator Number of Studies: 59 Avg. Number of Employees: '0 Directional Distribution: 47% entering, 53% exiting Trip Generation per Employee E'. A~erage Flate 5.19 Range of Rates 1.13 - 14.00 Stanaara DeviatIOn 3.23 Data Plot and Equation 100 150 ..; He - 130 i i I "120 . ~ I -g 110 -i "" 9- 100 0- '" ~ 90 - 1V '" 80 -- '" '" ," ~ 70 . <l; 60 - 0- :;iG .0 -l JO x , , ., , ^ :20., x: .; 10 -7'--...---- o ._----.- -----,-. 20 10 10 :I. ~ Number 01 EmplOy"". . Ac\ual O.iloi PQltil~ - - - - - - A.verage Rale Filled Curve Equalion: NOI gIven R2~......... Tnp Go;ntolrd.lIOn, 7th EdItion 1030 InstftuTe of Transportation Engineers Day Care Center (565) Average Vehicle Trip Ends vs: 1000 Sq. Feet Gross Floor Area On a: Weekday Number of Stuaies: 6 Average 1000 Sq. Feel GFA: 5 .____f)irectional DistriOulion: 50% entering. 50% exiting Trip Gene.ration per 1000 Sq. Feet Gross Floor Area L-__:;;;;;~ate Range of Rates L.___ 79.26 57.17 . 126.07 Stanaard Deviation 2t.03 Data Plot and Equation ':.oe ;-- , , i < + '" p c '" (l. .=: d. o .i: '" > 1;, << ~ ,. "" 400 .-:' 3(IC - t- ':'(;0 -r '--~'-' 2 3 4 5 o X.. 1000 Sq. Feel Gross Flocr Area AClyill Pala Po,ob - - - -... A'IIcrae:e Rate fllted Curv" ",q~ation: Not given R' - .... Tnp Gtlnt:r3.fJon, 7m Ec:lltlon 1035 Institute 01 Transponatfon EngIneers Day Care Center (565) Average Vehicle Trip Ends vs: 1000 Sq. Feet Gross Floor Area On a: Weekday, Peak Hour of Adjacent Street TraNlc, One Hour Between 7 and 9 a.m. NLlmber of SILlQies: 62 Average 1000 Sq. Feet GFA: 4 Directional DistribLltion: 53% entering, 47% exiting Trip Generation per 1000 Sq. Feet Gross Floor Area r-- Average Rate Range of Rates ! 12.79 4.43 " 34.92 Standard Deviation 6.49 Data Plot and Equation 300 "I "' '0 c '" .fi- r- '" "Q ~ > "' c, ro ~ << ;200 -: '" , , t-- 100 "1 I , .< , .":~ .', ^ "- ~.( . ....:\ ~' ., , ., ;~ Q -+--:-----.-- T~'~-r---- , . '--r---;-- ., ~ ----,---.. o 2 3 4 5 6 7 " 9 10 11 12 13 14 15 1Q 17 x = 1000 Sq Fe., Gross FIOOI Area ACtwi;l:l Dcn~ POInts - ~ - - - - Average Rate Filleo CUr\l8 Equation: NOl9iven ff2 = ......:a- Trtp GsneratJori. 7Ih EO:!JOfl 1036 IflSlllLltli' of Transportation Engtneers Day Care Center (565) Average Vehicle Trip Endli \IS: 1000 Sq. Feet Gross Floor Area On a: Weekday, Peak Hour of Adjilcent Street Traffic:, One Hour Between 4 and 6 p.m. Number of Studies: 63 Average 1000 Sq, Feet GFA: 4 Directional Distribution: 47% ~ntering, 53% exiting Trip Generation per 1000 Sq. Feet Gross Floor Area [::= __AVerage Rate Range 01 Rates L 13.18 6.,5 . 3366 Standard DeViation 686 Oata Plot and Equation ODD '" ~ 2GJ ~ '" "- '" r ~ u E '" > ~ en ro <: ~ <l: " r I _...,-1 _,''.- t .-..... ! .-,.- 100 -~ ., .;. ... - ...-;:-' ....-!5--.. .,,- .-<-" ."." , , 'l'" o ' o I . "-~------'--'- ., I ~-- ., -;--r--r----i 2 z 4 5 B 7 . 9 10 11 12 13 H 1~ '~6 n x = 1000 Sq Feet Gross Floor Area . Aetl.&,al Oatil POintS Ffneo CufllC .--~ - - - - AVl:;raglol Rate Finea C..rve equation: Ln(T) = 0,67 Ln(X) .,. 3,02 R2 ~ 0.53 Trip Generf,!lOf/. 7m EOJtlon 1037 In~nnl.lt8 ot Jrransportallon I:=.nglAliIers Day Care Center (565) Average Vehicle Trip Ends vs: 1000 Sq. Feet Gross Floor Area On a: Weekday, A.M. Peak Hour of Generator Number of Studies: 61 Average 1000 Sq. Feet GFA: 4 Directional Distribution: 53% ~nterin9, 47% exiting Trip Generation per 1000 Sq. Feet Gross Floor Area L_ Av&rage Rate Range of Rates L 13_5!> 4.43 . 41.57 7_16 .-1 StanClard DeViation Data Plot and Equation 130 -------- --. I 120 -i j i 110"" , I I 1(10 - en '0 c; '"' 9- 0'=- "' <: :. Ql :> 90 -: , ;;. I 00 ~... r. 70 .,. -' ill "" '" ij; ~ " r- co * .0 4 !< 40 i .' , ~f<'. 30 -i I 1 20.1 i j , 10 ........---......,--- , > , " o . 3 ; 5 6 7 6 x 0;; 1000 Sq. Feet Gross FlOOr Area " Af:{I.Ii:l1 DiillJil Patn~q __~n__ A"~riiSQe~le Fined C"rve IOq"ation: No! given R" = .... TfJp GeneriiHion, 7m Edl'lIOn 1Q38 InSt,I"'" of TranSpOrtaliOn Engineers Day Care Center (565) Average Vehicle Trip i:nds vs; 1000 Sq. feet Gross Floor Area On a: Weekday, P.M. Peak Hour of Generator Number of StuCl,es' 61 Average 1000 Sq. Feet GFA: 4 Directional Distribution: 47% ent~rin~, 53% exiting Trip Generation per 1000 Sq. Feet Gross Floor Area l=-- Average Rate Rang~ of Rates 13.91 6.15 . 39.17 StanClarCl Deviation 740 Data Plot and Equation 130. ! I I .1 I l~O : < 110 -, ., 10C - ~ .j -0 ~o C UJ g. r- eo .3! w .i'! 70 - c '" :;;. '" '" '" 60 ~ "' > << " $u t- 40 i , . I < 30 I .' - , I ;<" :.lO " ."- .~' A". ^ - 0. x ,. ~ x_ .. , x . " ~ 10 -~----r-~."r. C i -, B . 3 . 5 6 7 " ~ 1000 Sq Feel Gro.. Floor Area ,.; A.ctual Pdt... POlnU> ------ Average Rate Fitted Curve Equation: Not given R2 :: uu Trip Gener~mol1. 7tn Ea,llon 1039 InStllute of TranspOr1at,QIl Engineers Day Care Center (565) Average Vehicle Trip Ends vs: Ona: Students Weekday Number of Studies: Average Number of SluClents: Directional Distribution: 11 85 50% entering. 50% exiting Trip Generation per Student L--- I Range of Rates 2.50 7.06 Average Rate 4.48 Stancarc Deviation 2.37 Data Plot and Equation m -g '" s ,.. Q' og .C- 0> > 0- 0' " " ,. <( " ,.. 900 T--"- , j , .- 'r 120 i " 15Q 1150 800 ..... i'CO -r 600 ! I , $(,.JO .., -- -- .;u..::.... ..r'~. 130 '40 .-..- /' 3DO -; /' - ~ ~ - -. Average Flate R2 ~ 0.73 ..' 200 -or ./ ~~ ,.... JUL.' o -+-------;-. 30 ~O 50 60 70 "0 90 100 "0 X;,:; Numb,;>r of Stuaems , AC'hl~1 O.U~ POlms FIne:! Cl.lrve !-meo C~rv" cq~ation; T ~ 4.55(X). 5.64 Tnp Gantm:l(Jon, 710 EfjlTlon 1044 Institute of Tlam~pOrtatlOn Engln~er3 Day Care Center (565 ) Average Vehicle Trip Ends vs: Students On a: Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 7 and 9 a.m. Number of StuQles: 70 Average Number of Students: 67 DirectiOnal Distrioutlon: 53% entering, 47% exiting Trip Generation per Student I ~._ Ave(a~e Ra1!:-__ I 0.80 0.92 I -1 Range of Rales 0.39 1.78 Slandaro DeviatiOn Data Plot and Equation .--.--_ -- -.--- ------- .,- -----:.: --I I lsa 14-0 ....; 1% , ,~.\ .. .., nO .. ~ '0 " "' 100 .. 8- c- ae .. '" u E " 80 .. -- e, 0> 7Q .. '" a; ,. '"' co .. " .... ;0 .:;0 .. , 30 .. . ^ / / ../ _ ~r' :;. ; 2C -" , I 10 -,---- ----------r-~ --,- -.....----,------,-..---.-~ -~- 'T--r---r- .,----.----- 10 20 30 4:) 50 60 70 eo :;;0 loC: 110 120 lJO 140 '50 ,60 170 180 x ::;;; Number ot StuaenlS . ACll.la~ p.ua POlnt~ -- Flrlr:a CLlr'oIC - - - ~ - - ;\li/erage Rale hned Curve Equalion: T; 0.73(X) ~ 5.24 R2 ~ 0.70 Tnp Gene/allon. 7th E.Cllllon 1045 InSllMe of Transportation Engln"ers Day Care Center (565) Average Vehicle Trip End& vs: Students On 8: Weekday. Peak Hour of Adjacent Street Tra"iC, One Hour Between 4 and 6 p.m. Number of Studies: 71 Average Number of Students: 69 Directional Distribution: 47% en~~ring, 53% exiting Trip Generation per Student ~_ Average Rat~ 0.82 Range of Rates 0.24 1.72 StanClara Deviation 0.95 ~ Data Plot. and Equation ;,00, 190 , i lS0 l 170 ,] , \QO J 1 ~}() ., 14{) ~ ., u 130 . c. w .~ 1;ao c- ,J '" 110 (j E 100 ~ <l> > <l> so -: rn <D ~ !; 80 - << " 70 ~ t- 60 '1 $0 - 4" " 30 , "! 20 -; 10 ,0 ^ ,,' ,//'j- i I .,' ./ f .~.?. " '. ./ " ."r_.'" .... '. , : ':"/' "..'..:: ~. /' .- .A>..". )~ ):;.' _J.'" ^ '";-~ .--, '." . I .,...-,......--..,..-f~~T-'--.----'-~-I----.--~.-r----::---~-r-. I , i "-i 20 30 40 ~o 00 70 SO 90 '00 110 120 130 140 150 '6Q no laO 190 :200 X = NI..lnloer ot Students AC1l.l1U Ca-ca PomlS Etted Cl-IT\tC - - - - -. Ayerage Rate Fitted Curve equation; I..nlD = 0.87 I..n(l'.) ... 0.32 R' ; 0.61 Tnp GimerarJon. 7tn Ec:tition 1046 InstlMe of Transportation Engineers Day Care Center (565 ) Average Vehicle Trip Ends vs: StlAdents On a: Weekday, A.M. Peak Hour of Generator Number of Studies: 70 Average Number of Students: 68 Directional Distribution; 53% entering, 47% exitmg Trip Generation per Student I Average Rata t---... - 0.82 Ran!:!B of Rates 0.39 ~78 Standard OBVIation _~ 0.94 Data Plot and EqlAatiQn ltiO~-~ " I 150 i I 140 ~ x .~ : .1 I I:.JO ~ 1;:0 - 1 ';Q -+ ! .__.J'-- ...- ~ u " Wi .9- ,:=: " C3 J: " > " 0> '" ~ II .... ~ ..---'- ~. .~ ~..--"" / / --~_. 100.' GO ~ ;.: '" ./ / i.,c ""i .-. .- ~ '. i fa 1 x .... .... .~ , 50 .j .~ "" ..... A 50 -: J ....> ,,<~ ,~-~<':"' .;0 -:. 30 -r 1 , ':-:0 "'T . ,~ . . ;~~:: >. ~. -- < . , ..: ",- 10 T- - .. ~--.-- ~--r->"-' , ,--, ,0 .20 30 40 5Q 00 70 80 90 100 nO l~O 130 140 ,50 160 170 lBC x = N"rn~er of Sl"qenlS Actual O:U.lJ POints Flne~ C...l'Vc --- - -- Avori:lgc RillIli: Fltteo CUnte e"..alion: Ln(T): 0.77 Ln(X) . 0.77 R2 _ 0.64 Trip Gl3neuH!on. 7tn SdltlOn 1047 InSlIlUle of Transportal",n englns..rs Day Care Center (565) Average Vehicle Trip Ends vs: Students On a: Weekday. P.M. Peak Hour of Generator --'-~--~--~~--.--..-....--.~........- Number of Studies: 70 Average Number of Students: 68 Directional Distribution: 47% entenng. 53% exiting Trip Generation per Student C__~~::~~~~__ flange of Rates 0.39 1.72 Stanaard Deviation 0.96 Data PIOI and Equation 1Sl0 --r-----'-~---~--".~ ^ lSO -" 170 1 160 -' 1'5:1-- T..O ~ ", "C c: '" e. ,... ~ c :~ '" ;> '" Ce, !'; '" ~ nV1 ,~o i ~... 1111 -. ~...., 100 .~ ...- , 90 - 30 -j .... 7C .. r ~;.; . .......- '.. QO -; 1 50 -. 4C 1 /' '"x ..~; " .' ":'\.'~. ;. .',. 30 .<- ~ -~';., ., '. :.W ~ 1C, ---- - r- ___----;--,00"_ r- --, 10 20 3u 40 50 GO 70 80 9Q 100 110 120 ';'0 14Q 150 '00 no 120 x = Nurnoer 0' Stuaemil Aj;\l.Iiil O~na PClJnIl;l F,nCQ Cwr\r~ - - - - - - A\lsrag8 R~nB Fmell CUr'll" EquatIon: I-n(T) " 0.79I-n(X).. 0.69 Fl2 = 0.61 Tflp GtiJn8rfiil/UII. im EdHlon 1048 Insmul~ 01 T ransportallon Engineers IT! 4F" liD SUMMARY OF TRIP GENERATION CALCULATION FOR 10 DWELLING UNITS OF SINGLE FAMILY DWELLINGS - - 09/29/94 DRIVE AVERAGE STANDARD ADJUSTMENT WAY RATE DEVIATION FACTOR VOLUME AVG WKDY 2-WAY VOL 9.55 3.66 1.00 96 7-9 AI>! PK HR ENTER 0.19 0.00 1.00 2 7-9 AM PK HR EXIT 0.55 0.00 1.00 5 7-9 AM PK HR TOTAL 0.74 0.90 1. 00 7 4-6 PM PK HR ENTER 0.66 0.00 1.00 7 4-6 PM PK HR EXIT 0.35 0.00 LaO 4 4-6 PM PK HR TOTAL L01 1. 05 LOO 10 SATURDAY 2-WAY VOL 10.19 3.65 1. 00 102 PK HR ENTER 0.52 0.00 1.00 5 PK HR EXIT 0.44 0.00 1.00 4 PK HR TOTAL 0.96 LOa 1. 00 10 SUNDAY 2-WAY VOL 8.78 3.36 1. 00 88 PK HR ENTER 0.44 0.00 1. 00 4 PK HR EXIT 0.44 0.00 1. 00 4 PK HR TOTAL 0.89 0.96 1. 00 9 Note: A zero rate indicates no rate data available Source: Institute of Transportation Engineers Trip Generation, 5th Edition, 1991. EXHIBIT "E" (c) A SECONDARY Arterial Highway is designed as a four-lane undivided,,(no median) roadway, with a typical right of way width of 80 feet and a roadway width from curb to curb of 64 feet. A Secondary has a planned capacity to accommodate between 10,000 and 20,000 vehicle trips per day at level of service C or better. A Secondary Arterial serves as a collector, distributing traffic between local streets and Major and Primary Arterials. Although some Secondary Arterials serve as through routes, most provide more direct access from surrounding land uses than do Major or Primary Arterials. (d) A RURAL SECONDARY arterial highway is designed as a four-lane undivided (no median) roadway through a rural area, with a typical right of way width of 80 feet and a roadway width from edge of pavement to edge of pavement of 64 feet. If dikes are placed at the edge of pavement, the 64 feet shall be measured from the front of dike. A Rural Secondary has a planned capacity to accommodate between 10,000 and 20,000 vehicle trips per day at level of service C or better. This highway is characterized by not having concrete curb, gutter and sidewalk. The drainage is handled by asphalt concrete dikes or drainage ditch(es) at the side of the highway. This section shall only be used in approved areas. (e) A COMMUTER Arterial Highway is designed as a two-lane undivided, restricted access roadway, with a typical right of way width of 56 feet and a roadway width from curb to curb of 40 feet. A Commuter has a planned capacity to accommodate up to 10,000 vehicle trips per day at level of service C or better. (3) Collector Streets (a) Commercial Collector Street - A non-arterial four lane undivided highway with a planned capacity between 4,000 and 10,000 vehicle trips per day. This section is primarily used in industrial zoned areas but is also useful in some office and commercial areas. (b) Rural Collector Street - A non-arterial street through a rural area, with a planned capacity between 500 and 6,000 vehicle trips per day. This street is characterized by not having concrete curb, gutter and sidewalk. The drainage is handled by asphalt 'concrete dikes or drainage ditch(es) at the side of the street. This section shall only be used in approved areas. (4) (c) Residential Collector Street - A non-arterial street, normally through a residential area, designed to collect traffic from local streets and distribute it onto arterials and with a planned capacity between 1,200 and 6,000 vehicle trips per day. Residential collectors shall not have direct residential frontage. Local Stre~s (a) commerc~l Local Street - A non-arterial street that may be striped for either four lanes or two lanes with parking lanes and a median lane having a planned capacity less than 4,000 vehicle trips per day. This section is used the same way as the industrial collector, except it is used for lower traffic volum... August 1989 ORANGE COUNTY BIGBVAY DESIGN MANUAL 100-3 EXHIBIT "F" CITY OF TUSTIN ALL-WAY STOP WARRANT INTERSECTION OF S.A N "- \ u fu\) (Major Str~et) AND fl R. 111/ I\J G'IO,.J (Minor Street) Any of the following Conditions may warrant an all-way stop control where the volume of traffic on the intersecting streets is approximately equal: 2. Accident occurrence, as indicated by 5 or more reported accidents of a type susceptible of correction by an way-way stop installation in a 12-month period. Types of accidents susceptible of correction include right angle as well as right- and left-turn collisions. Meets signal warrants? _yes; Kno. Urgent?--,- Accidents = CL (ZOO I ~ "Z.OO S;) 5 or more? _ yes; ~no. 1. Where traffic signals are warranted and the need is urgent, the all-stop is an interim measure. 3. Minimum Volume Warrant: a. Total entering volume must average at least 500 vph any 8 hours of an average day. ENTERING TRAFFIC VOLUME for 8 hours = -.J 84- 0 1 hour ave. = z: ~o b.The combined vehicular and pedestrian volume from minor street must average 200 unites per hour with an average delay of at least 30 seconds per vehicle during the maximum hour. Side street volume and peds for same 8 hours = g \ 1 hour ave. - I O. \ c. When the 85th - percentile approach speed of the major street exceeds 40 miles per hour, the minimum vehicular volume warrant is 70% of the above requirement. DELAY = 0 85th%-tilespeed = ~r; ~~TEP 70th % applies? _yes; ~no. Applicable minimum volumes: Totad ~ 40 ; Minor 8' Traffic Volume Ratio Determination 8 H-o(./I( > Traffic volume on major street approaches = Traffic volume on minor street approaches = . Total volume RA TJO = 2..3 "'-"i 184-v-(3t:::I7SC1 t>\ = I ~4-0 Ccmm~nt':_C::::::O V N '\ D~ iQ- 1<1 -0 '::> ALL-WAY STOP CONTROL WARRANTED? Calc. by: PSA,' J,.J c:.. , YES; Y NO. date: ?-/n jtJ6 TUSTIN.ALL ATTACHMENT E PUBLIC WORKS DEPARTMENT TRAFFIC MEMO Inter-Com DATE: MARCH 28, 2006 TO: CHAD ORTLIEB, ASSOCIATE PLANNER FROM: TERRY LUTZ, PRINCIPAL ENGINEER$ SUBJECT: PROPOSED DAYCARE I MONTESSORI SCHOOL WITHIN AN EXISTING SINGLE FAMILY HOME AT 1792 SAN JUAN STREET (4th REVIEW OF TRAFFIC STUDY; PLAN CHECK #05-233E) Pursuant to your request, the Engineering Division has completed a review of the "First School Montessori" traffic study ("Study") prepared by Norman Suker and Associates ("NSA"), as revised February 17, 2006. The revised traffic study includes responses to questions and incorporates information included in the staff report for the previous hearing. The Study received from the Community Development Department on March 21, 2006 appears to be the same report of February 17, 2006. Our findings are therefore the same, that is to say there is sufficient technical information to address the issue of potential traffic impacts related to the proposed project. However, in a telephone conversation with the traffic consultant on or about March 20, 2006, he indicated he would contact the adjacent school principal regarding prediction of future growth and staggered school hours. I have not heard from him since that time. Thank you for the opportunity to review and comment on this project. If you have any questions, please contact Steve Sasaki or me. c: Rick Yee Katy Lee Steve Sasaki S:ITerrylDevelopment Review\200611792 San Juan, TIA Review4.doc ATTACHMENT F POLICE DEPARTMENT TRAFFIC MEMO DATE: MARCH 13 2006 Inter-Com FROM: CHAD ORTLIEB, ASSOCIATE PLANNER MAR 1 5 2006 SERGEANT JEFF BEELER, TRAFFIC DIVISION6V' COMMUNITYDEVELOPMEN. PROPOSED DAY CARE FACILITY AT 1792 SAN JUAN STREET TO: SUBJECT: The following is a response and a confirmation of several conversations we have had about the proposed day care facility, which would be located at 1792 San Juan. In reference to the allegations made that the parking in faire lanes and lor no parking zones, especially during the school day, PSO Susan Cummings researched the number and type of both parking citations issued in the area, as well as, moving citations issued. See the attached summary completed by PSO Cummings, which is broken down by year. Each section violated has a description as well. Allegations were made that there is a high frequency of illegal u-turn activity, specifically at the intersection of San Juan and Farmington. I provided you with Officer Pang's research on the topic during our previous meeting. U-turns outside the intersection may constitute a violation depending on the area being considered residential or commercial area. We agreed that u-turns in the middle of the block with cars parked along both curb lines would be difficult to perform. The area can be monitored by the traffic unit for those violations in order to modify errant driving behavior. We could also educate those parents using the day care facility about the traffic issues they may face, if requested. Allegations were made that there have been many near accidents between vehicles and pedestrians on San Juan between Red Hill and Browning. We do not keep track of near accidents. I did run an in-house search for the five year range along 1700 San Juan to 1900 San Juan. It appears we have not had any auto I pedestrian or auto I bicycle accidents in the area over the five years. In conclusion, I would be hesitant to offer my opinion about the impact the day care facility may have on the immediate area. Based on a conversation with the city traffic engineer, I don't feel qualified to render such an opinion. JTB:pf Parking Citations issued on San Juan January 2000 thru December 2005 CITE-NO LOCATION YEAR/MO CHARGE DESCRIPTION CI000000065533 1701 SAN JUAN 0001 VC 5204 registration tabs CI000000063386 SAN JUAN /FARMINGTO 0003 VC 5204 registration tabs C1000000064121 SAN JUAN /TUSTIN EA 0003 VC 22502(A) within 18" C1000000072079 1792 SAN JUAN 0005 VC 5204 registration tabs CI000000068530 1701 SAN JUAN 0009 MC 5332B1A red curb CI000000068531 1701 SAN JUAN 0009 MC 5332B1A red curb C 1000000068532 1701 SANJUAN 0009 MC 5332B1A red curb CI000000068533 1701 SAN JUAN 0009 MC 5332B1A red curb CI000000068534 1701 SAN JUAN 0009 MC 5332B1A red curb CI000000068527 1700 SAN JUAN 0009 MC 5332 ioading zone CI000000068247 1701 SANJUAN 0010 MC 533004 no parking sign/red curb CI000000069465 SAN JUAN /TUSTIN EA 0010 VC 5204 registration tabs CI000000070228 1701 SANJUAN 0012 MC 5331A 24 minute parking CI000000070229 1701 SANJUAN 0012 MC 533004 no parking sign/red curb CI000000070230 1701 SANJUAN 0012 MC 5331B1C white zone total cites in vear 2000: 15 CI010000070460 SAN JUAN /TUSTIN EA 0101 VC 5204 registration tabs CI010000070461 1762 SAN JUAN 0101 VC 5204 registration tabs CI010000074051 1872 SAN JUAN 0103 MC 533004 red curb CI010000074052 1872 SAN JUAN 0103 MC 533004 red curb CI010000074053 1872 SANJUAN 0103 VC 22502(A) within 18 inches of curb CI010000074054 1872 SAN JUAN 0103 MC 533004 red curb CI010000074055 1872 SAN JUAN 0103 VC 22514 fire hydrant CI010000075920 TUSTIN ENSAN JUAN 0106 VC 5204 registration tabs CI010000078082 1762 SANJUAN 0106 VC 5204 registration tabs CI010000068760 FARMINGTO/SAN JUAN 0107 VC 22500(A) within intersection CI010000068760 FARMINGTO/SAN JUAN 0107 VC 5204 registration tabs CI010000056508 TUSTIN ENSAN JUAN 0109 VC 5204 re9istration tabs CI010000079765 TUSTIN ENSAN JUAN 0110 VC 5204 registration tabs total cites in year 2001: 13 CI020000081933 TUSTIN ENSAN JUAN 0202 MC 533004 no parking sign/red curb CI020000082307 1862 SAN JUAN 0202 VC 5204 registration tabs CI020000080838 TUSTIN ENSAN JUAN 0203 VC 22514 fire hydrant C1020000081775 1852 SAN JUAN 0203 VC 22500(E) driveway CI020000080840 SAN JUAN /TUSTIN EA DR 0204 MC 533004 no parking sign/red curb CI020000082535 SAN JUAN /TUSTIN EA OR 0206 VC 5204 registration tabs CI020000085234 SAN JUAN /FARMINGTO 0207 VC 22522 within 3 ft.of sidewaik CI020000085979 TUSTIN ENSAN JUAN DR 0208 VC 4462(B) display registration CI020000086627 TUSTIN ENSAN JUAN DR 0209 MC 533009 within 20 ft. of crosswalk CI020000087231 TUSTIN ENSAN JUAN DR 0210 MC 533009 within 20 ft. of crosswaik CI020000087989 TUSTIN ENSAN JUAN DR 0211 MC 533004 no parking sign/red curb CI020000087989 TUSTIN ENSAN JUAN DR 0211 VC 5204 registration tabs CI020000088651 TUSTIN ENSAN JUAN DR 0212 MC 533009 within 20 ft. of crosswalk total cites in year 2002: 13 CI030000088955 SAN JUAN /FARMINGTO 0302 VC 5204 registration tabs CI030000088956 SAN JUAN /FARMINGTO 0302 VC 5204 registration tabs CI030000088736 SAN JUAN /TUSTIN EA DR 0302 MC 533004 no parking sign/red curb CI030000088957 1762 SAN JUAN 0302 VC 5204 registration tabs CI030000082202 1852 SAN JUAN 0303 VC 22500(E) driveway CI030000089449 1852 SAN JUAN 0304 VC 22500(E) driveway Page 10f2 Parking Citations issued on San Juan January 2000 thru December 2005 CI030000089450 1792 SANJUAN 0304 MC 533002 cross walk CI030000089836 TUSTIN EAlSAN JUAN DR 0305 VC 22514 fire hvdrant CI030000092023 TUSTIN EAlSAN JUAN DR 0308 MC 533004 no parking sign/red curb CI030000093117 1762 SAN JUAN 0308 VC 5204 registration tabs CI030000093632 1762 SANJUAN 0308 VC 5204 registration tabs CI030000095444 SAN JUAN /TUSTIN EA DR 0311 VC 5204 registration tabs total cites in vear 2003: 12 CI040000095821 1701 SAN JUAN 0402 VC 5204 registration tabs CI040000089384 1852 SAN JUAN 0404 VC 22500(E) drivewav CI040000096913 TUSTIN EAlSAN JUAN DR 0407 VC 5204 registration tabs total cites in vear 2004: 3 CI050000203402 TUSTIN EAlSAN JUAN DR 0505 VC 5204 registration tabs CI050000205412 SAN JUAN /TUSTIN EA DR 0510 VC 5204 registration tabs CI050000205768 TUSTIN EAlSAN JUAN DR 0510 VC 5204 registration tabs total cites in vear 2005: 3 TOTAL CITES: 62 Page 2012 Total Moving Citations issued on San Juan January 2000 thru December 2005 CITE-NO LOCATION REPT-YM CHARGE CHARGE CI030000323902 SAN JUAN fTUSTlN EA DR 0311 VC 12951(A) Possess of DL CI030000313012 TUSTIN EAlSAN JUAN DR 0301 VC 12814.6A CDU Minor CI020000311738 TUSTIN EAlSAN JUAN DR 0210 VC 14600 A CDL/address chance CI020000309090 SAN JUAN fTUSTIN EA DR 0207 VC 16028 A financial responsibilitv CI030000315632 SAN JUAN fTUSTIN EA DR 0304 VC 16028 A financial responsibilitv CI040000325671 SAN JUAN fTUSTIN EA DR 0404 VC 16028 A financial responsibility CI050000338129 SAN JUAN fTUSTIN EA DR 0502 VC 16028 A financial responslbilitv CI000000277800 TUSTIN EAlSAN JUAN 0004 VC 16028 A financial responsibilitv CI010000297170 TUSTIN EAlSAN JUAN 0112 VC 16028 A financial responsibilitv CIO 1 0000293911 TUSTIN EAlSAN JUAN 0107 VC 16028 A) financial responsibility CI020000312272 TUSTIN EAlSAN JUAN DR 0211 VC 16028 A financial responsibilitv CI030000314144 TUSTIN EAlSAN JUAN DR 0302 VC 16028 A financial responsibilitv CI050000347790 TUSTIN EAlSAN JUAN DR 0511 VC 16028 A financial responsibilitv CI010000293122 SAN JUAN fTUSTlN EA 0105 VC 21461 A failure to obey sign CI030000313413 TUSTIN EAlSAN JUAN DR 0302 VC 21802 A) Stop siQn CI040000331913 SAN JUAN fTUSTIN EA DR 0407 VC 21804 failure to yield CI040000335739 SAN JUAN fTUSTIN EA DR 0411 VC 21804 failure to yield CI030000321928 SAN JUAN fTUSTIN EA DR 0309 VC 22106 unsafe backing CI020000309407 TUSTIN EAlSAN JUAN DR 0207 VC 22350 basic speed law CI010000293911 TUSTIN EAlSAN JUAN 0107 VC23111 throw substance on hwv CI050000338129 SAN JUAN fTUSTIN EA DR 0502 VC 22450 Stop sign CI000000286114 SAN JUAN fTUSTIN EA 0011 VC 22450(A) Stop siQn CI000000288148 SAN JUAN fTUSTIN EA 0012 VC 22450(A) Stop siQn CI000000289149 SAN JUAN fTUSTIN EA 0012 VC 22450(A) Stop siQn CI010000293959 SAN JUAN fTUSTIN EA 0108 VC 22450(A Stop sign C 1020000309420 SAN JUAN fTUSTIN EA DR 0208 VC 22450(A Stop sign CI030000315749 SAN JUAN fTUSTIN EA DR 0305 VC 22450(A Stop siQn CI050000336723 SAN JUAN fTUSTIN EA DR 0502 VC 22450(A Stop sign C1050000340407 SAN JUAN fTUSTlN EA DR 0507 VC 22450(A Stop siQn CI000000286499 TUSTIN EAlSAN JUAN 0010 VC 22450 Stop sign CI000000286121 TUSTIN EAlSAN JUAN 0012 VC 22450(A) Stop siQn CI010000279227 TUSTIN EAlSAN JUAN 0101 VC 22450(Al Stop siQn C1020000297761 TUSTIN EAlSAN JUAN 0201 VC 22450(A Stop sign CI020000309407 TUSTIN EAlSAN JUAN DR 0207 VC 22450(A Stop siQn CI030000313413 TUSTIN EAlSAN JUAN DR 0302 VC 22450(A) Stop siQn C1030000321774 TUSTIN EAlSAN JUAN DR 0310 VC 22450(Al Stop siQn CI030000315632 SAN JUAN fTUSTIN EA DR 0304 VC 24252(A) Bus stop CI000000288700 SAN JUAN fTUSTIN EA 0011 VC 4000(A) expired reQistration CI040000325671 SAN JUAN fTUSTIN EA DR 0404 VC 4000(A) expired registration CI020000312272 TUSTIN EAlSAN JUAN DR 0211 VC 4000(A) expired reQistration CI010000297170 TUSTIN EAlSAN JUAN 0112 VC 4000(A\ expired registration C1030000321774 TUSTIN EAlSAN JUAN DR 0310 VC 4000(A) expired registration CI050000338129 SAN JUAN fTUSTIN EA DR 0502 VC 4454(A) reQ card with vehicle C1050000346788 TUSTIN EAlSAN JUAN DR 0510 VC 4462(B) unlawful display of registration CI010000293911 TUSTIN EAlSAN JUAN 0107 VC 27315(Fl seat belt law Page 10f1 DATE: February 1, 2006 TO: Sgt. J.T. Beeler, Traffic Division Supervisor FROM: Sr. Officer D. Pang, C.V.S.U. SUBJECT: Response to Allegations of "II1egal U-Turns". San Juan St; Redhill Av to Browning Av In response to allegations of "illegal U-turns" on San Juan St between Redhill Av to Browning Av, specifically at the intersection with Farmington Rd. I located the most applicable Califol11ia Vehicle Code sections. (See Attachments) San Juan St from Redhill Av to Browning Av is an east / west roadway 5/1 Oth of a mile long. intersected by Tustin East Dr and Farmington Rd. The roadway is 40' in width bordered by apartment complexes, condominium units. public schools. a church and two residential homes. The single traffic lanes are divided by a solid double yellow line, as defined in section 21460(a), with on-street parking available. Farmington Rd is an uninterrupted north / south roadway approximately 530' long between Andrews St and San Juan St. The roadway is 40' in width bordered by residential homes. The single traffic lanes are divided by a solid double yellow line, as defined in section 21460(a). with on-street parking available. Pursuant to section 21460(c)(2), U-turns on roadways marked by a solid double yellow line is permissible under the rules governing the turn. Those rules can be found in the following sections; . eve 22100(b): Turns on Highway; Left turns. . eve 22100.5: tJ-turns at Controlled [ntersections. . eve 22102: (I-turns in a Business District. (Except at an intersection) . eve 22103: ll-turns in a Residence District. (Except at an intersection and within 200 feet of approaching vehicle)) . eve 22105: V-turn llnobstructed View for 200 feet. . eve 235: "Business District", defined. . eve 515: "Residence District", defined. Subsequently, U-turns are permissible on San Juan St at the intersections of Tustin East Dr and Farmington Rd, provided the turns are as close as practicable to the left-hand edge or lane available and with an unobstructed view for 200 feet. U-turns on Farmington Rd are permissible provided there is no approaching vehicle within 200 feet. ~ While monitoring San Juan St. eastbound vehicle traffic making U-turns at Farmington Rd. enter the intersection and stop at the posted stop sign before departing the intersection westbound on San J nan SI. ~ ~.~ ~Lc., Sr. Officer Darryl S. Pang, Commercial Vehicle Safety Unit Traffic Division ATTACHMENT G TUSTIN UNIFIED SCHOOL DISTRICT ENROLLMENT LETTER n ~~E.~, o;S<Q'ct 300 South C Street, Tuslln, CA 92780-3695 . (714) 730-7301 A Legacy of Excellence in Education FAX (714) 731-5399' Www.tustin.k12.ca.us March 28, 2006 Mr. Norman Suker Norman Suker and Associates. Inc. 177 Riverside Avenue. Suite 1014 Newport Beach. CA 92663 Re: Veeh Elementary and Uu Middle Schools Dear Mr. Suker: As per your request. we have enclosed the historical and projected enrollment for Vceh Elementary School and Uu Middle School. These are the schools in the vicinity of 1792 San Juan Street. Enclosed arc (,BEDS (California Basic Education Data Systems) enrollment numbers. CBEDS is a yearly student count eonductcd by all schools in California. All the data collected from CBEDS is available online at hltP://dl(,ede,ea,cllv/datalluest/. You may tind the data helpful. Sincerely, (' I ~: (~\' ~,-0 /1. ,",,-, l,- Carol Cuui Computer Accounting Specialist BW:lab cnclosure Llr Nurman SU~l.;r J-2l:t-l)b Il la" BOARD OF EDUCATION Jondlh,lf1 Abe/u'vt! . f"amI711L'Sul/am . I vnn [)dVI,S . James Laird' F,anclflB SCinto Enrollment History for Veeh and Utt rOle e 2001 2002 2003 2004 2005 2006 Veeh 559 602 567 558 523 485 Utt 822 853 810 892 916 924 P . ct d . HisVeehUtt.xls ATTACHMENT H PUBLIC COMMENTS ON THE INITIAL STUDY COMMUNITY DEVELOPMENT DEPARTMENT 300 Centennial Way, Tustin, CA 92780 (714) 573-3100 INITIAL STUDY A. BACKGROUND Project Title: Conditional Use Permit (CUP 04-008) and Design Review (DR 04-008) Lead Agency: City of Tustin 300 Centennial Way Tustin, California 92780 Lead Agency Contact Person: Chad Ortlieb Phone: (714) 573-3127 Project Location: 1792 San Juan Street Project Sponsor's Name and Address: Padmini Weerkkody 1792 San Juan Street Tustin, CA 92780 General Plan Designation: High Density Residential Zoning Designation: Suburban Residential (R4) Project Description: A request to convert an existing single family residence to a commercial preschool for up to 49 children. Surrounding Uses: North: San Juan Street/single family South: Church parking lot East: Church West: Multi-family housing complex Other public agencies whose approval is required: [8J D D D Orange County Fire Authority Orange County Health Care Agency South Coast Air Quality Management District Other D D D City oflrvine City of Santa Ana Orange County EMA B. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist in Section D below. o Aesthetics D Air Quality o Cultural Resources o Hazards & Hazardous Materials D Land Use/Planning o Noise o Public Services D TransportationITraffic D Mandatory Findings of Significance o Agriculture Resources D Biological Resources o Geology/Soils o Hydrology/Water Quality D Mineral Resources o Population/Housing o Recreation D Utilities/Service Systems C. DETERMINATION: On the basis of this initial evaluation: IZI I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. D I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGA TIVE DECLARATION will be prepared. o I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. o I find that although the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated impact" on the environment, but at least one effect I) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described in the attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. o I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR OR NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR OR NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, and no further documentation is required. Preparer: Chad Ortlieb Title Associate Planner Elizabeth A. Binsack, Community Development Director Date D. EVALUATION OF ENVIRONMENTAL IMPACTS Directions I) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project-specific factors and general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). 2) All answers must take into account the whole action involved, including off-site, on-site, cumulative project level, indirect, direct, construction, and operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross- referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063 (c) (3)(0). In this case, a brief discussion should identifY the following: a) Earlier Analysis Used. IdentifY and state where they are available for review. b) Impacts Adequately Addressed. IdentifY which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. 9) The explanation of each issue should identifY: a) the significance criteria or threshold, if any, used to evaluate each question; and, b) the mitigation measure identified, if any, to reduce the impact to less than significance. EV ALUA TION OF ENVIRONMENTAL IMPACTS Less Than Significant Potentially With Less Than Significant Mitigation Significant I. AESTHETICS ~ Would the project: Impact Incorporation Impact No Impact a) Have a substantial adverse effect on a scenic vista? 0 0 0 ~ b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? 0 0 0 ~ c) Substantially degrade the existing visual character or quality of the site and its surroundings? 0 0 0 ~ d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? D D [8J D II. AGRICULTURE RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? 0 D D [8J b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? D D D [8J c) Involve other changes in the existing environment which, due to the location or nature, could result in conversion of Farmland, to non-agricultural use? D D D [8J III. AIR OUALlTY: Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? D D [8J D b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? D 0 ~ D c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non- attainment under an applicahle federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? D D [8J D d) Expose sensitive receptors to substantial pollutant concentrations? D D [8J D e) Create ohjectionable odors affecting a substantial number of people? 0 D D [8J Less Than Significant Potentially With Less Than Significant Mitigation Sign~ficant IV. BIOLOGICAL RESOURCES: - Would the project: Impact Incorporation Impact No Impact a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department ofFish and Game or U.S. Fish and Wildlife Service? 0 0 0 ~ b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department ofFish and Game or U.S. Fish and Wildlife Service? 0 0 0 ~ c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? 0 0 0 ~ d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? 0 0 0 ~ e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? 0 0 0 ~ f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? 0 0 0 ~ V. CULTURAL RESOURCES: - Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in ~ 15064.5? 0 0 0 ~ b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to ~ 15064.5? 0 0 0 ~ c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? 0 0 0 ~ d) Disturb any human remains, including those interred outside of formal cemeteries? 0 0 0 ~ VI. GEOLOGY AND SOILS: - Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk ofloss, injury, or death involving: Less Than Significant Potentially With Less Than Significant Mitigation Significant i) Rupture of a known earthquake fault, as delineated on the Impact Incorporation Impact No Impact most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. D D D [gI ii) Strong seismic ground shaking? D D ~ D iii) Seismic-related ground failure, including liquefaction? D D [gI D iv) Landslides? D D D ~ b) Result in substantial soil erosion or the loss of topsoil? D D ~ D c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? D D ~ D d) Be located on expansive soil, as defined in Table 18-I-B of the Uniform Building Code (1994), creating substantial risks to life or property? D D ~ D e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? D D D ~ VII. HAZARDS AND HAZARDOUS MATERIALS: Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? D D D ~ b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? D D D ~ c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? D D D ~ d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? D D D ~ e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? D D D ~ t) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? D D D [gI Less Than Significant Potentially With Less Than g) Impair implementation of or physically interfere with an Significant Mitigation Significant adopted emergency response plan or emergency evacuation Impact Incorporation Impact No Impact plan? 0 0 0 ~ h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? 0 0 0 ~ VIII. HYDROLOGY ANDWATEROUALITY: -Would the project: a) Violate any water quality standards or waste discharge requirements? 0 0 ~ 0 b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? 0 0 0 ~ c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation 00- or off-site? 0 0 ~ 0 d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? 0 0 ~ 0 e) Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? 0 0 ~ 0 f) Otherwise substantially degrade water quality? 0 0 ~ 0 g) Place housing within a 1 DO-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? 0 0 0 ~ h) Place within a 1 OO-year flood hazard area structures which would impede or redirect flood flows? 0 0 0 ~ i) Expose people or structures to a significant risk ofloss, injury or death involving flooding as a result of the failure of a levee or dam? 0 0 0 ~ j) Inundation by seiche, tsunami, or mudflow? 0 0 0 ~ k) Potentially impact storm water runoff from construction activities? 0 0 ~ 0 Less Than Significant Potentially With Less Than Significant Mitigation Significant Impact Incorporation Impact No Impact J) Potentially impact stormwater runoff from post- construction activities? 0 0 ~ 0 m) Result in a potential for discharge of stormwater pollutants from areas of material storage, vehicle or equipment fueling, vehicle or equipment maintenance (including washing), waste handling, hazardous materials handling or storage, delivery areas, loading docks or other outdoor work areas? 0 0 I:8J 0 n) Result in a potential for discharge of stormwater to affect the beneficial uses of the receiving waters? 0 0 ~ 0 0) Create the potential for significant changes in the flow velocity or volume of stormwater runoff to cause environmental harm? 0 0 I:8J 0 p) Create significant increases in erosion of the project site or surrounding areas? 0 0 ~ 0 IX. LAND USE AND PLANNING - Would the project: a) Physically divide an established community? 0 0 0 I:8J b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including. but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? 0 0 0 I:8J c) Contlict with any applicable habitat conservation plan or natural community conservation plan? 0 0 0 I:8J X. MINERAL RESOURCES - Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? 0 0 0 I:8J b) Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? 0 0 0 ~ XI. NOISE- Would the project result in: aJ Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? 0 0 ~ 0 b) Exposure of persons to or generation of excessive groundbome vibration or groundbome noise levels? 0 0 ~ 0 Less Than Significant Potential(v With Less Than Significant Mitigation Significant c) A substantial permanent increase in ambient noise levels Impact Incorporation Impact No Impact in the project vicinity above levels existing without the project? 0 0 ~ 0 d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? 0 0 ~ 0 e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? 0 0 0 ~ t) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excess noise levels? 0 0 0 ~ XII. POPULATION AND HOUSING - Would the project a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? 0 0 0 ~ b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? 0 0 ~ 0 c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? 0 0 ~ 0 XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? 0 0 0 ~ Police protection? 0 0 0 ~ Schools? 0 0 0 ~ Parks? 0 0 0 ~ Other public facilities? 0 0 0 ~ Less Than Significant XIV. RECREATION - Potentially With Less Than Significant Mitigation Significant a) Would the project increase the use of existing Impact Incorporation Impact No Impact neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? 0 0 0 [gJ b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? 0 0 [gJ 0 XV. TRANSPORTATION/TRAFFIC Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity ofthe street system (i.e. result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? 0 0 [gJ 0 b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? 0 0 0 [gJ c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? 0 0 0 [gJ d) Substantially increase hazards due to a design feature (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? 0 0 0 [gJ e) Result in inadequate emergency access? 0 0 0 [gJ f) Result in inadequate parking capacity? 0 0 0 [gJ g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? 0 0 0 [gJ XVI. UTILITIES AND SERVICE SYSTEMS- Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? 0 0 0 [gJ b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities. the construction of which could cause significant environmental effects? 0 0 0 [gJ cJ Require or result in the construction of new stonn water drainage facillties or expansion of existing facilities, the construction of which could cause significant environmental effects? 0 0 0 I3J Less Than Significant Potentially With Less Than Significant Mitigation Significant Impact Incorporation Impact No Impact d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? D D D i:8:I e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? D D D i:8:I f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? D D D i:8:I g) Comply with federal, state, and local statutes and regulations related to solid waste? D D D i:8:I h) Would the project include a new or retrofitted storm water treatment control Best Management Practice (BMP), (e.g. water quality treatment basin, constructed treatment wetlands), the operation of which could result in significant environmental effects (e.g. increased vectors and odors)? D D D i:8:I XVII. MANDATORY FINDINGS OF SIGNIFICANCE aj Does the project have the potential to degrade the quality of the environment. substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? D D D i:8:I b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? D D D i:8:I c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? D D D i:8:I ATTACHMENT A EVALUATION OF ENVIRONMENTAL IMPACTS CONDITIONAL USE PERMIT 04-008 AND DESIGN REVIEW 04-008 1792 SAN JUAN STREET BACKGROUND On July 24, 1995, the Planning Commission approved Resolution 3370 thereby permitting Conditional Use Permit (CUP 95-006) and Design Review (DR 95-021) for a preschool and day care facility with a maximum of 48 children. The use was never initiated and the permit expired. The previously approved project is similar to the proposed project. A Categorical Exemption under Section 15303 (Class 3) of the Califomia Environmental Quality act was process for the project at that time. The subject applications for CUP 04-008 and DR 04-008 propose to convert an existing single family dwelling into a preschool for up to 49 children, add 221 square foot to the structure, provide a parking lot with 12 parking spaces, provide a 4,142 square foot outdoor playground, and provide a monument sign to serve the use. The school is proposed to operate from 8:30 a.m. to 3:00 p.m. with staggered child drop-off time for the dual option class schedule. Class option one has hours of 8:30 a.m. to 12:00 p.m. Class option two has hours of 12:00 p.m. to 3:00 p.m. AESTHETICS Item d - Less Than Sianificant Impact: Parking lot and sight lighting will be required pursuant to the City's Security Ordinance. As would be confirmed through the plan check and field inspection process, all exterior lighting on the property would be required to be constructed to prevent off-site glare. Sources: Submitted Plans Tustin City Code Mitigation Measures/Monitoring Required: None Required Items a. b. and c - No Impact: The subject property is not located on a scenic vista, does not have any scenic resources, does not contain a historic structure, and is not located adjacent to a State scenic highway. Mitigation Measures/Monitoring Required: None Required. Sources: Tustin General Plan Tustin City Code City of Tustin Cultural Resource Survey Report Field Inspection AGRICULTURAL RESOURCES Items a, b, c - No Impact: The property is currently improved with a single family dwelling, No agricultural resources exist on-site, Mitigation Measures/Monitoring Required: None Required Sources: Tustin General Plan Field Inspection Submitted Plans Tustin City Code AIR QUALITY Items a, b, c and d - Less Than Sianificant Impact: The project will temporarily increase the amount of short-term emissions to the area due to grading of the property and construction activities. The project is below the thresholds of significance established by Tables 6-2 and 6-3 of the Air Quality Management District's CEQA Air Quality Handbook. The Air Quality Management District's CEQA Air Quality Handbook is intended to provide professional guidance for analyzing and mitigating air quality impacts of projects when preparing environmental documents. As identified in the handbook, the construction of a day care up to 975,000 square feet in size and the operation of up to 26,000 square feet of a day care or is not considered a significant impact. Construction of the parking lot and playground area, addition of 221 square feet to the existing building, and the operation of a 2,449 square foot daycare/preschool with up to 49 children on 16,900 square feet of land is less than the threshold of significance in the handbook; therefore, no impact is anticipated. Less than significant short-term emissions associated with grading, construction, and operation of the proposed project will comply with the regulations of the South Coast Air Quality Management District and the City of Tustin Grading Manual, which includes requirements for dust control. The subject property is not a part of a larger future development scheme in the area, the number of children for the use will be fixed, and the use is relocating from 13802 Red Hill Avenue in the City of Tustin; therefore, the project will not be a precursor to cumulative impacts. As such, the proposed project will not conflict with or obstruct implementation of any applicable air quality plan, contribute substantially to an existing or projected air quality violation, result in a cumulatively considerable increase of any criteria pollutant as applicable by Federal or ambient air quality standard, nor will it expose sensitive receptors to substantial pollutant concentrations, or create objectionable odor affecting a substantial number of people. Mitigation Measures/Monitoring Required: None Required Sources: South Coast Air Quality Management District Rules & Regulations City of Tustin Grading Manual Project Application Field Inspection Item e - No Impact: As identified by Tables 6-2 and 6-3 of the Air Quality Management District's CEQA Air Quality Handbook, the project does not violate any air quality standards and is not a substantial contributor to existing or projected air quality violations. The short and long term emissions created by construction and trip generation would not create detectable odors to any persons of ordinary olfactory senses. Sources: South Coast Air Quality Management District Rules & Regulations Project Application BIOLOGICAL RESOURCES Items a to f - No Impact: The property is currently developed with a single family dwelling. The site is surrounded by San Juan Street, a Church, and a multi-family apartment. Most of the existing trees on the property will remain. Therefore, the property has not had opportunity to become inhabited by any sensitive or special status species of plants or animals. Given that this is a change of use to an existing urban structure in an urban environment, it is not anticipated that there will be impacts on animal populations, diversity of species, or migratory patterns. The project will include the planting of new trees and landscape materials, which will be provided in accordance with the Tustin landscape and Irrigation guidelines. The project area is not identified as a federal, state, or local protected wetland and no standing water or riparian or wetland species are apparent on the property. No impacts to any unique, rare, or endangered species of plant or animal life identified in local or regional plans, policies or regulations by the California Department of Fish and Game or U.S. Fish and Wildlife Service will occur as a result of this proposed project. Mitigation Measures/Monitoring Required: None Required Sources: Field Inspection Submitted Plans Tustin City Code CULTURAL RESOURCES Items a - d - No Impact: There are no historical resources on-site. No archaeological, paleontological, or human remains are known to exist on the improved property. Mitigation Measures/Monitoring Required: None Sources: Tustin Historical Resources Survey Report Submitted Plans Tustin City Code Tustin General Plan GEOLOGY & SOILS Items a-ii. a-iii. a-iv. b. c. & d - Less Than Siqnificant Impact: The proposed buildings are located within an area that may subject people or structures to strong seismic ground shaking and seismic-related ground failure including liquefaction. A soils report is required to be submitted prior to grading and building permit issuance per the 2001 Uniform Building Code to demonstrate compliance with Chapter 18, which requires proper excavation and fills for buildings, structures, foundations, and retaining structures, and appropriate construction techniques to ensure seismic stability of structures. A water quality management plan will be required to ensure that drainage is retained on-site during and after construction or does not increase historical flow; therefore, soil erosion should not be significant. Mitigation Measures/Monitoring Required: None Required Sources: Tustin General Plan Tustin City Code 2001 Uniform Building Code Submitted Plans Items a-i. a-iv. & a-e - No Impact: The project site is not located within an area on the Alquist-Priolo Earthquake Fault Zoning Map. The project is not located in a hillside area; therefore, landslides are not possible. Since all new buildings in the City are required to connect to the existing sewer system, the use of septic tanks or alternative wastewater disposal systems will not be necessary. Sources: Tustin General Plan Tustin City Code 2001 Uniform Building Code Project Application Field Evaluation HAZARDS & HAZARDOUS MATERIALS Items a to h - No Impact: The project would not result in exposure to hazardous substances other than the possibility of materials typically associated with household hazardous wastes which could properly be disposed of at approved County drop-off locations. Because the use is for a pre-school and the keeping or use of any hazardous materials would be closely regulated. The project is not anticipated to need or emit hazardous materials which could create a hazard on-site or to the surrounding community. The site is not listed as a hazardous materials site, is not located on any potential impact zones identified for John Wayne Airport, and there are no private airstrips nearby. The project has been reviewed by the Tustin Police Department who determined that the project will not interfere with any evacuation plans. The project has been reviewed by the Orange County Fire Authority and no comments were received indicating that the project would interfere with any evacuation plans. All grading and construction is subject to compliance with all applicable Uniform Building and Fire Codes. The project is not in a wildland fire interface area. As such, the project is not anticipated to result in any significant hazards. Mitigation Measures/Monitoring Required: None Required. Sources: Uniform Building and Fire Codes Submitted Plans Tustin General Plan Airport Environs Land Use Plan HYDROLOGY & WATER QUALITY Items a, c. d, e, f, k, I. m, n, 0, & p - Less Than Siqnificant Impact: There will be new construction which has the potential to impact stormwater runoff from construction and post-construction activities. There is also the potential for discharge of stormwater to affect the beneficial uses of the receiving waters, increase flow velocity and volume of storm water runoff, exceed the capacity of an existing private storm drain, degrade water quality, and create erosion. However, the project is required to comply with the City's Water Quality Ordinance and a NPDES permit (Santa Ana Regional Water Quality Control Board (RWQCB) Order R8-2002-0010), thus reducing any potential impacts to a level of insignificance. The regulations of the NPDES permit, Water Quality Ordinance, and project conditions of approval will minimize the ability of the project to cause water pollution by regulating point sources that discharge pollutants into local waters. The drainage pattern of the area will not be altered in that, to comply with the City's grading ordinance, the project will be designed to accept historical drainage to the site and; therefore, will not significantly increase the rate and/or amount of surface runoff. A significant amount of stormwater received on-site will percolate into the soil where landscaping such as the playground area is provided and remaining stormwater will be conveyed through a fossil filter prior to entering a City stormdrain. City stromwater infrastructure is able to accommodate additional water from the project. The applicant must provide a drainage and hydrology report to the City and demonstrate that the private stormwater drainage system will be able to able to handle the capacity of any wastewater directed into the system. Best Management Practices are required to be implemented for construction activity and would deter water from flowing off-site. Any water that would leave the site would be filtered prior to entering a City storm drain. Best Management Practices will also be implemented to ensure that, once the project is constructed, wastewater will be filtered prior to entering the storm drain. As such, the project will not violate any water quality standards or waste discharge requirements or degrade water quality in the area. Mitigation Measures: None Required. Sources: Field Verification Submitted Plans Tustin City Code California Seismic Hazard Zone Map, Tustin Quadrangle, January 17, 2001 Items b. q, h, i, & i-No Impact: The project will not substantially deplete groundwater supplies or interfere with groundwater recharge resulting in a net deficit in aquifer volume or a lowering of the local groundwater table level. Rather, landscape irrigation practices and soil percolation of stormwater onto landscaped areas would be more likely to contribute to groundwater supplies. The project site is not located within a 100-year flood hazard area as mapped on Federal Emergency Management Agency Flood Insurance Rate Map Number 06059C0282H, nor is the project located within a 100-year flood hazard area and the project will not will impede or redirect flood impede or redirect flood flows. The project site will not expose people or structures to a significant risk of loss, injury, or death as a result of the failure of a levee or dam, or by inundation by seiche, tsunami, or mudflow. Mitigation Measures: None Required. Sources: Field Verification Submitted Plans Tustin City Code Federal Insurance Rate Map LAND USE PLANNING Items a. b & c - No Impact: The subject property is designated High Density Residential by the General Plan Land Use Map and Suburban Residential (R4) by the zoning map. With an approved Conditional Use Permit, the proposed project will be consistent with the applicable land use and zoning regulations. The proposed project will not divide an established community since it is an existing building located between a Church and existing multi-family dwellings in an urbanized area. San Juan Elementary and C.E. Utt Intermediate School also exist on the street within a 1,000 square foot radius of the project. The proposed project is not located in a conservation plan or natural community conservation plan area. Mitigation Measures: None Required. Sources: Submitted Plans Tustin City Code Tustin General Plan Tustin Zoning Map MINERAL RESOURCES Items a & b - No Impact: The proposed project will occur on a currently developed site. Construction on the site will not result in the loss of availability of a known mineral resource and is not located in a mineral resource recovery site. Mitigation Measures/Monitoring Required: None Required Sources: Submitted Plans Tustin City Code Tustin General Plan NOISE Items a. b. c & d- Less Than Sianificant Impact: Construction: The project includes the conversion of an existing single family dwelling into a preschool, the addition of 221 square feet to the structure, grading for a parking lot, and outdoor playground. Although, the grading and construction of the site may result in typical temporary construction noise impacts, the Tustin Noise Ordinance only allows construction activities to occur during the daytime on Monday through Saturday to eliminate construction noise during the nighttime hours. Neither construction activity nor the proposed project will not create excessive ground vibrations, nor will it create a permanent increase in the existing ambient noise levels beyond the established standards. Day Care/Preschool Use: Noise created by traffic to the project will not exceed the noise created by existing traffic on San Juan Street. Therefore, no additional traffic noise will be created by the project. Noise levels from children's play activity in the outdoor playground area should be within the noise levels permissible by the Tustin City Code (TCC) due to the use of 6 foot 8 inch concrete block walls around the site and project conditions that limit the business hours and the hours of outdoor play to the time required by the Department of Social Services. Project conditions also allow the Community Development Director to impose additional sound mitigating conditions on the project if merited. Mitigation Measures/Monitoring Required: None Required Sources: Submitted Plans Tustin City Code Tustin General Plan Items e & f - No Impact: The project is not located in close proximity to any airports. Standard building techniques will provide sufficient indoor insulation to prevent children and employees from being exposed to air traffic noise. Mitigation Measures/Monitoring Required: None Required Sources: Submitted Plans Tustin City Code Tustin General Plan POPULATION & HOUSING Items band c - Less than Sianificant Impact: The project will involve the removal of one single family dwelling from the City's housing stock which can easily be absorbed within the existing City housing stock and the stock planned for construction on Tustin Legacy. Sources: Submitted Plans Tustin City Code Tustin General Plan Item a - No Impact: No substantial population growth in the area would result. Rather, use of the existing on-site structure as a single family home would be discontinued. The project will not induce substantial population growth wherein new streets or new public services will need to be created. Mitigation Measures/Monitoring Required: None Sources: Submitted Plans Tustin City Code Tustin General Plan PUBLIC SERVICES Item a - No Impact: The proposed project IS In an existing urbanized area where fire and police protection are currently provided and can accommodate the day care/preschool use. The use would not have an impact on school district facilities within the Tustin Unified School District in that the use is a preschool. The use is not anticipated to generate additional parkland needs in that all outdoor activities for the use will occur on-site. Mitigation Measures/Monitoring Required: None Sources: Submitted Plans Tustin City Code Tustin General Plan RECREATION Item b - Less than Sionificant Impact: The project does include any recreational playground facility to support the day care/preschool use which, if not properly designed could have an adverse physical effect (noise) on the environment. However, as discussed in the noise section of the initial study, noise impacts should be less than significant. Item a - No Impact: The project is not anticipated to need or use City parkland facilities. Mitigation Measures/Monitoring Required: None Required Sources: Submitted Plans Tustin City Code Tustin General Plan TRANSPORT A TION/TRAFFIC Item a - Less than Sionificant Impact: The City of Tustin Public Works Department has reviewed data from a City initiated traffic survey conducted in December 2004 (Attachment A) and an applicant provided traffic study (Attachment B) conducted in October 2005 and has concluded that the added project related traffic will not cause the maximum daily roadway capacity to be exceeded and peak hour trip increases from the project would have a less than significant traffic impact on local roadways and intersections. Furthermore, data collected by staff and provided in the August 22, 2005, staff report indicates that child drop-off and pick-up times for the applicant's existing school does not significantly coincide with traffic generated for nearby public schools nor after school sports programs conducted at school sites. Since the proposed project will operate with the same hours, in the same location, with fewer children, the project will not significantly impact San Juan Street traffic during public school start or end times. Sources: Submitted Application/Plans The average of the existing First Montessori Preschool drop-of and pick up times during one week December 2004 City traffic survey October 2005 traffic study from the applicant Public Works Department analysis Tustin General Plan Items b - q - No Impact: The proposed project does not exceed, either individually or cumulatively, the level of service established for the immediate vicinity of San Juan Street in that as confirmed by the Public Works Department, Traffic Division, there is sufficient capacity on San Juan Street to accommodate the proposed and existing uses. In the vicinity of the project, there is no vacant land and no new or intensified uses are in review or are anticipated in the near future. Two (2) schools, a single family residential housing tract, a church, and multi-family housing units are well established uses along the street. The existing uses on the street are considered to be close to the maximum development thresholds established by the General Plan Land Use Element, yet the acceptable level of service for San Juan Street would not be exceeded even with the proposed project. The proposed project will not cause changes to air traffic patterns or cause any changes to the public right-of-way that could cause road hazards. The proposed project would not prevent emergency vehicle access to the site as determined during the plan review process by the Orange County Fire Authority and the Tustin Police Department. The project includes sufficient parking on-site to comply with the current parking requirements of the Tustin City Code for the proposed use. As such, no impacts to parking are anticipated. The project does not conflict with adopted policies, plans, or programs supporting altemative transportation such as bus tumouts or bicycle racks in that bus turnouts exist on nearby streets and no aspect of the project prevents alternative transportation from being implemented. Mitigation Measures/Monitoring Required: None Required. Sources: Submitted Application/Plans The average of the existing First Montessori Preschool drop-of and pick up times during one week December 2004 City traffic survey October 2005 traffic study from the applicant Public Works Department analysis Tustin General Plan UTILITIES & SERVICE SYSTEMS Items a - q - No Impact: The proposed project will not exceed requirements of the applicable Regional Water Quality Control Board because the project will absorb a significant portion of stormwater in landscape areas on-site and excess stormwater will be routed through fossil filters prior to being deposited into the existing sewer and storm drain systems and thus will not require construction of a new storm water drainage facility or solid waste facility. Existing water service and wastewater treatment facilities should be sufficient to support the project. The project will utilize the City's existing trash hauler contract, thus not requiring a new trash hauler. Waste refuse from the project will be required to comply with the City's recycling ordinance with requires the project to maintain a plan to divert recyclable materials. Therefore, excessive solid waste will be diverted from landfill. Mitigation Measures/Monitoring Required: None Required. Sources: Submitted Plans Tustin City Code Tustin General Plan MANDATORY FINDINGS OF SIGNIFICANCE Items a, b & c - No Impact: As described under each topic, the project grading, construction, and operation are not anticipated to result in any significant impacts. The project does not have the potential to degrade the quality of the environment nor achieve short-term environmental goals to the disadvantage of the long- term. The project does not have impacts that are individually limited but cumulatively considerable or that will cause substantial adverse impacts on human beings. No mitigation measures are required for the project. Sources: Submitted Plans Tustin City Code Tustin General Plan S:\Cdd\Chad\CUP\Environmental\CUP 04-008 INITIAL STUDY 5-22-06.doc FINAL NEGATIVE DECLARATION CONDITIONAL USE PERMIT (CUP 04-008), DESIGN REVIEW (DR-04-008), AND SIGN CODE EXCEPTION (05-001) SAN JUAN STREET PRESCHOOL CONVERSION I. INTRODUCTION The City of Tustin has prepared this Final Negative Declaration in conjunction with the previously prepared Negative Declaration and Initial Study that was made available for a 3D-day public review and comment period on June 3D, 2005. The Negative Declaration and Initial Study addressed the potential environmental impacts of the proposed conversion of a single family residence at 1792 San Juan Street into a preschool for up to forty-nine (49) children with five (5) instructors. The City has prepared this Final Negative Declaration to formally respond to several comment letters that were received on the Negative Declaration and Initial Study that was made available for public review and comment. Each of the comment letters are published verbatim in this document and individual comments raised in each letter are bracketed and numbered. The related responses are identified with the corresponding number and are included in the following pages. The Final Negative Declaration is intended to clarify and amplify the conclusions of the Negative Declaration and Initial Study. Pursuant to CEQA Guidelines 915073.5(c)(2), recirculation is not required because no substantial revisions are required to the Negative Declaration and Initial Study. According to the CEQA Guidelines, a "substantial revision" is required where (1) a new, avoidable significant effect is identified, and mitigation measures or project revisions must be added in order to reduce that effect to a level of insignificance, and (2) the lead agency finds that the mitigation measures or project revisions originally included in the Negative Declaration will not reduce potentially significant impacts to les than significance, and new mitigation measures or project revisions must be required. On the other hand, the addition of new information that clarifies, amplifies, or makes insignificant modifications to the negative declaration does not require recirculation. In this case, the City has provided additional information in its responses to comments to clarify or amplify the conclusions of the Initial Study and Negative Declaration relating to the aesthetics, traffic, land use, noise, and other environmental concerns expressed in the various comment letters. However, none of the comments demonstrate any new avoidable significant impact relative to these environmental resource areas that requires any mitigation measures or project revisions. As documented in more detail below, City staff has carefully reviewed the proposed preschool conversion and the project has been designed in manner (e.g. architectural, landscaping, site layout, etc.) that ensures that the conversion would have a less than significant impact on the environment. Staff has also recommended certain standard conditions of approval that are typical of all new development projects that further ensure that impacts will be less than significant. No new avoidable significant impacts have been identified in these comments and no project revisions, new mitigation measures or new conditions are required to address these concerns. II. RESPONSE TO COMMENTS ~ z w ::E ::E o o o ~ w Ul Z o D.. 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L ,,1~ '\ w " ~ , " ~ " ~ ~ c y: ~ " !\,< \~ j ~ "~ --J J ,'>.. ,::, :'~ ,2". f' 2.1, .~ V <J 1- .,' \ h J^ c, ) U '\< ~ i-~.: , - j ,~/' ~ 'J 1\.';6 '-- " ,~i 'i' ;",,: Q " i 'y~ ~ ..' ~,1~ (',j \ ~'L f ;,,- t- \,,"\'1 " V ' ,- r-- li , ~ \i , r -v ATTACHMENT I RESOLUTION NOS. 3979 AND 3980 RESOLUTION NO. 3979 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE FINAL NEGATIVE DECLARATION AND MAKING CERTAIN FINDINGS RELATING TO CONDITIONAL USE PERMIT 04-008, DESIGN REVIEW 04-008, AND SIGN CODE EXCEPTION 05-001, AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That Conditional Use Permit 04-008, Design Review 04-008, and Sign Code Exception 05-001 authorizing the conversion of a single family residence to a preschool is a "Project" pursuant to the terms of the California Environmental Quality Act ("CEQA"); B. That an Initial Study was prepared and concluded that there is no substantial evidence that the project or any of its aspects may cause a significant effect on the environment; therefore, a Negative Declaration was prepared for the project; C. That a Notice of Intent to Adopt a Negative Declaration was published and the Negative Declaration and Initial Study were made available for review and comment period in compliance with Sections 15072 and 15105 of the State CEQA Guidelines; D. That several comments were received on the Negative Declaration and a Final Negative Declaration was prepared to formally respond to said comments but was not recirculated pursuant to Section 15073.5 of CEQA, because the additional information provided in the Final Negative Declaration clarified and amplified the conclusions of the Negative Declaration; E. The Planning Commission of the City of Tustin has considered the Initial Study and Negative Declaration, the Final Negative Declaration, evidence presented by the Community Development Director and comments received during the public review process at the August 22, 2005 and May 22, 2006, meetings. II. A. A Final Negative Declaration, which includes the Initial Study and the Responses to Comments, attached hereto as Exhibit A, has been completed in compliance with CEQA and the State CEQA Guidelines. The Planning Commission finds that, on the basis of the record before it (including the initial study and any comments received), there is no substantial evidence that the project will have a significant effect on the Resolution No. 3979 Page 2 environment and that the proposed Final Negative Declaration reflects the City's independent judgment. B. The Planning Commission hereby adopts the Final Negative Declaration for the purpose of approving Conditional Use Permit 04-008, Design Review 04-008, and Sign Code Exception 05-001. C. The record of proceedings upon which this decision is based is located at City Hall, 300 Centennial Way, Tustin, California, Attention: Director of Community Development. III. The Planning Commission finds that the project involves no potential for any adverse effect, either individually or cumulatively, on wildlife resources as defined in Section 711.2 of the Fish and Game Code. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 22nd day of May, 2006. NATHAN MENARD 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. 3979 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 22nd day of May, 2006. ELIZABETH A. BINSACK Planning Commission Secretary RESOLUTION NO. 3980 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 04- 008, DESIGN REVIEW 04-008, AND SIGN CODE EXCEPTION 05-001 FOR THE CONVERSION OF AN EXISTING SINGLE FAMILY DWELLING INTO A PRESCHOOL FOR UP TO 49 CHILDREN WITH FIVE (5) INSTRUCTORS AND AN ON-BUILDING SIGN AT 1792 SAN JUAN STREET The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. The proposed use is allowed within the Suburban Residential (R4) Zoning District with the approval of a conditional use permit. B. That a proper application for Conditional Use Permit (CUP 04-008), Design Review (DR 04-008), and Sign Code Exception (SCE 05-001) was submitted by Pad mini Weerkkody requesting approval to convert an existing single family dwelling into a preschool for up to 49 children with five (5) instructors and an on-building sign at 1792 San Juan Street. C. That operation of a daycare/preschool at 1792 San Juan Street, as conditioned, will not be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin, as evidenced by the following findings: 1 . The use is appropriate under the General Plan Land Use Element High Density Residential (15-25 dwelling units/acre) Designation in that the preschool fills a community service need especially given the immediate proximity of high density apartment complexes. 2. The project site and design is physically suitable to accommodate the operation of the preschool in that Tustin City Code Section 9288b4 includes development standards for preschool uses which are satisfied as shown in the submitted development plans including: minimum building site size, minimum lot width, setbacks, and parking. 3. As determined by the Public Works Engineering Division, the net increase in traffic generated by the project during the weekday a.m. Resolution No. 3980 CUP 04-008, DR 04-008, SCE 05-001 Page 2 or p.m. peak hours is not significant and there is sufficient roadway capacity on San Juan Street to accommodate the proposed project. 4. Playground activity noise will be mitigated by the required construction of a 6 foot 8 inch concrete block wall around the playground area. In addition, playground activity will be limited to 12 children at any given time and outdoor play will be limited to daytime hours only. 5. The project would be compatible with adjacent uses in that the Church's worship hours occur at times that do not coincide with the preschool hours. The adjoining apartment complex to the east and a single-family residential tract on the north side of San Juan Street is buffered from the proposed use by a perimeter tract wall. The preschool building maintains setbacks on the property well in excess of the minimum setbacks required by the Tustin City Code. 6. Increased pedestrian activity to the site generated by the project will be accommodated in that the applicant and/or property owner will be required to provide sidewalk and drive aprons along San Juan Street in front of the project property that are constructed to meet current Federal Americans with Disabilities Act (ADA) requirements. D. Pursuant to Section 9272(c) of the Tustin City Code, the Planning Commission finds that the location, size, architectural features, and general appearance of the proposal 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 Planning Commission finds that the mass and appearance of the project will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole and has considered at least the following items: 1. Height, bulk, and area of buildings: The existing on-site building and the proposed minor additions would maintain a height, bulk, and area less than what the Tustin City Code (TCC) would allow for the property as evidenced in Attachment C (Land Use Fact Sheet). The site is proposed to be developed at a lesser intensity than exists in the surrounding neighborhood which consists of a church and several multi-family residential buildings. 2. Setbacks and site planning: The existing on-site building and the proposed minor additions would maintain setbacks in excess of those required by the TCC as evidenced in Attachment C. The site planning is appropriate for a preschool use requiring an outdoor play area, on-site parking to support the use, and a Resolution No. 3980 CUP 04-008, DR 04-008, SCE 05-001 Page 3 sufficient amount of front setback landscaping providing a residential appearance for the site. 3. Exterior materials and colors: The proposed building additions will match the building's existing materials including white stucco walls, asphalt shingles, and divided-lite windows. The materials are appropriate and ensure that the preschool building is compatible in appearance with residential uses in the neighborhood. 4. Type and pitch of roofs: The hip roof of the existing structure and proposed additions will be appropriate for the structure and similar to residential designs existing in the neighborhood. 5. Size and spacing of windows, doors, and other openings: The windows and doors are appropriate for the use. 6. Landscaping, parking area design and traffic circulation: As indicated in Attachment C, the project provides more landscaping and parking than is required by the TCC. The project design also accommodates a preschool building, playground, and parking/child drop-off area. The parking area contains adequate turn around area at the rear of the property for on-site circulation. 7. Location, height and standards of exterior illumination: Pursuant to Condition 2.1, Planning Division staff shall work with the project applicant to ensure that proposed lighting meets on-site security needs while preventing off-site glare and ensuring that proposed light poles are not excessively high. 8. Location and appearance of equipment located outside of an enclosed structure: No equipment is proposed to be located outside of an enclosure. 9. Location and method of refuse storage: As indicated on the submitted site plan, all refuse and recycling materials are stored in bins located in an on-site enclosure. The location of the enclosure accommodates waste hauler pick up on-site without requiring hauling vehicles to back onto San Juan Street 10. Physical relationship of proposed structures to existing structures in the neighborhood: The finding is the same as indicated in finding 2, above. 11. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares: No new structures are proposed for the project site; however, the 221 square feet Resolution No. 3980 CUP 04-008, DR 04-008, SCE 05-001 Page 4 proposed as additions will be of the same architecture, colors, and materials as the existing structure. There is no uniform design of other existing structures in the neighborhood; therefore, the proposed additions would be compatible with the eclectic mix of structures in the area. 12. Proposed signing: The proposed on-building sign is appropriate for the site as indicated in the findings in support of the sign code exception (below). E. A decision to approve SCE 05-001 can be supported by the following findings: 1 . Sign size and placement restrictions of the sign code shall be as closely followed as practicable. The Suburban Residential (R4) Zoning District has no sign provisions for commercial uses. A preschool use in a commercial district could be entitled to a monument sign up to 32 square feet in area and an on-building sign up to 75 square feet in area. Single-family residential tracts in the R4 Zoning District are allowed identification monument or wall signs up to 32 square feet in size and six (6) feet in height and multi- family housing projects such as the adjacent apartment complex are allowed to have one (1) monument sign up to 15 square feet in size and six (6) feet tall for every project entrance. The applicant is proposing a 9.5 square foot on-building sign which is smaller than is customary allowed in both commercial zoning districts and the subject Suburban Residential Zoning District. 2. The proposed sign meets the intent and purpose of the sign regulations of the land use zone in which the sign is to be located and follows the Tustin Sign Code as closely as practicable as explained in Finding 1 (above). 3. There are special circumstances unique to the property to justify the sign code exception as explained in Finding 1. 4. Granting the exception will not have a negative impact on the surrounding properties in that the size, type, and height of the sign will be consistent with other signs in the neighborhood and will be smaller in area than signs used by the nearby elementary school. 5. The sign application promotes the public, health, safety, welfare, and aesthetics of the community and that the granting of the exception meets findings and the intent of the sign code in that the sign would serve to identify the use of the property and for the reasons indicated in Finding 1. Resolution No. 3980 CUP 04-008, DR 04-008, SCE 05-001 Page 5 F. As conditioned, the project would promote orderly development to preserve the public health, safety, and general welfare and provide for proper use of land and adequate traffic circulation, utilities, and other services; G. The site is physically suitable for the type of development proposed in that the project is accessible through the City's current street system and could be supported with existing transportation and public facilities; H. That the Planning Commission has considered the Final Negative Declaration, including the Initial Study and Negative Declaration that was made available for public review, and all other oral and written public comments received prior to or at the public hearing prior to approving the project and has adopted Resolution No. 3979 approving the Final Negative Declaration and finding that, in light of the whole record before it, all potential environmental impacts of the project would be less than significant. I. That a public hearing was duly called, noticed, and held for said project on August 22, 2005 and May 22, 2006, by the Planning Commission; II. The Planning Commission hereby approves Conditional Use Permit (CUP 04-008), Design Review (DR 04-008), and Sign Code Exception (SCE 05- 001) for the conversion of an existing single family dwelling into a preschool for up to 49 children with five (5) instructors, and an on-building wall sign to serve the use at 1792 San Juan Street, subject to the conditions contained in Exhibit A attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission held on the 22nd day of May, 2006. NATHAN MENARD Chairperson ELIZABETH A. BINSACK Planning Commission Secretary Resolution No. 3980 CUP 04-008, DR 04-008, SCE 05-001 Page 6 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning Commission Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3980 duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 22nd day of May, 2006. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A CONDITIONAL USE PERMIT 04-008, DESIGN REVIEW 04-008, AND SIGN CODE EXCEPTION 05-001 RESOLUTION NO. 3980 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform to the submitted plans for the project date stamped May 22, 2006, on file with the Community Development Department, except as herein modified, or as modified by the Director of Community Development in accordance with maintaining the intent of 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 East Tustin Specific Plan and Tustin City Code and other applicable codes. (1) 1.2 Approval of Conditional Use Permit 04-008, Design Review 04-008, and Sign Code Exception 05-001 is contingent upon the applicant returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the property owner signing and recording with the County Clerk-Recorder a notarized "Notice of Discretionary Permit Approval and Conditions of Approval" form. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. (1) 1.3 As a condition of approval of Conditional Use Permit 04-008, Design Review 04-008, and Sign Code Exception 05-001, 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, conceming 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) (2) (3) (4) STANDARD CONDITION (5) CEQA MITIGATION (6) UNIFORM BUILDING CODES (7) DESIGN REVIEW RESPONSIBLE AGENCY REQUIREMENT LANDSCAPING GUIDELINES PC/CC POLICY EXCEPTION - Exhibit A Resolution No. 3980 Page 2 (1) 1.4 The subject project approvals shall become null and void if grading or building permits are not received within twelve (12) months of the date of this Exhibit. Time extensions may be granted if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.5 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 City Council ordinance. (1) 1.6 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. (1) 1.7 Unless otherwise specified, the conditions contained in this resolution shall be complied with as specified or prior to issuance of building permits, subject to review and approval by the Community Development Department. PLAN SUBMITTAL (3) 2.1 At the time of building permit application, the plans shall comply with the 2001 California Building Code (CBC), 2001 California Mechanical Code (CMC), 2001 California Plumbing Codes (CPC), 2001 California Electrical Code (CEC), Califomia 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. . Structural calculations, two (2) copies. . Title 24 energy calculations, two (2) copies. . Elevations that include all proposed dimensions, materials, colors, finishes, and partial outlines of adjacent buildings on site and off site where applicable. . The location of any utility vents or other equipment shall be provided on the roof plan. Exhibit A Resolution No. 3980 Page 3 . Details of all proposed lighting fixtures and a photometric study showing the location and anticipated pattern of light distribution of all proposed fixtures. All new light fixtures shall be consistent with the architecture of the building. All exterior lighting shall be designed and arranged as not to direct light or glare onto adjacent properties, including the adjacent streets. Wall mounted fixtures shall be directed at a 90 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 Ordinance. . A note shall be provided on the plans that "All 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." . Note on plans that no field changes shall be made without prior approval from the Building Official and architect or engineer of record. (3) 2.2 The building shall be equipped with an automatic fire sprinkler system per Tustin City Code section 8103(f)6. (3) 2.3 Prior to issuance of Certificate of Occupancy, all exit doors shall be quipped with a State Fire Marshal approved panic hardware. (3) 2.4 The plans approved for building permit must show that all exit doors are accessible to disabled persons. (3) 2.5 Prior to building permit issuance, the project plans must show compliance with Chapter 3, Chapter 10, and the minimum egress requirements in Table 10A of the 2001 California Building Code. (3) 2.6 Prior to building permit issuance, the project plans must show that plumbing fixture units comply with the 2001 California Plumbing Code Chapter four (4), Table 4-1 as per type of group occupancy, or as approved by the Building Official. The project plans must also show that Table 1115B-1 of the 2001 CBC is utilized for suggested dimensions for children's Restrooms. (3) 2.7 Prior to building permit issuance, the plans must show that openings in exterior walls are five (5) or more feet from property lines per the 2001 California Building Code (Table 5A). (3) 2.8 Prior to building permit issuance, the plans must show that exterior walls are made from one-hour fire resistive construction materials Exhibit A Resolution No. 3980 Page 4 where exterior walls are less than twenty (20) feet from property lines, and that building openings are protected where walls are less than ten (10) feet from the property lines. [2001 CBC (Table 5-A )]. (3) 2.9 Prior to building permit issuance, the plans must show that all new glass doors and windows, in or adjacent to doors, are tempered per 2001 Califomia Building Code Section 2406.4. (3) 2.10 Prior to building permit issuance, the plans must show that vehicle parking, primary entrance to the building, primary paths of travel, sanitary facilities, drinking fountain, and public telephones are accessible to persons with disabilities. (3) 2.11 Prior to building permit issuance, the plans must show that parking for disabled persons is provided with an additional five (5) foot loading area with striping and ramp; disabled persons shall be able to park and access the building without passing behind another car. At least one (1) accessible space shall be van accessible served by a minimum 96 inch wide loading area. (3) 2.12 Prior to building permit issuance the project plans must show that there are two (2) exits from rooms containing Day Care/Preschool Class Rooms with occupant load of 7 or more. (Table 10A, 2001 CBC) (3) 2.13 Prior to building permit issuance, the plans must include an area analysis for all buildings, and show compliance with allowable floor areas based on 2001 California Building Code Chapter 5, Table 5-B. (5) 2.14 Prior to issuance of any permits, the applicant shall submit for approval by the Community Development and Public Works Departments, a Water Quality Management Plan (WQMP) specifically identifying Best Management Practices (BMPs) that will be used on site to control predictable pollutant run-off. This WQMP shall identify the: structural and non-structural measures specified detailing implementation of BMPs whenever they are applicable to the project; the assignment of long-term maintenance responsibilities (specifying the developer, parcel owner, maintenance association, lessee, etc.); and, reference to the location(s) of structural BMPs. (5) 2.15 Prior to submittal of a Water Quality Management Plan (WQMP), the applicant shall submit a deposit of $2700.00 for the estimated cost of review of the WQMP to the Building Division. The actual costs shall be deducted from the deposit, and the applicant shall be responsible for any additional review cost that exceeded the deposit prior to Exhibit A Resolution No. 3980 Page 5 issuance of grading permits. Any unused portion of the deposit shall be refunded to the applicant. (5) 2.16 Prior to issuance of any permits, the property owner(s) shall record a declaration of restrictions with the County Clerk Recorder. This declaration binds current and future owner(s) of the property regarding implementation and maintenance of the structural and non structural BMPs as specified in the approved WQMP. This form can be obtained from the Community Development Department The Community Development and Public Works Department shall determine whether any change in use requires an amendment to an approved Water Quality Management Plan. (5) 2.17 Prior to building permit issuance, the plans must include a note indicating 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. (5) 2.18 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 building prior to issuance of a Certificate of Occupancy. 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. (5) 2.19 Prior to building permit issuance, the plans must show dimensions for all drive aisles, back up areas, and each parking stall. (5) 2.20 No outdoor storage shall be permitted except as approved by the Tustin Community Development Director. (5) 2.21 A trash bin with surrounding enclosure shall be located on the property and maintained to avoid health issues for neighboring uses. 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 location and screening of the enclosure is as indicated on the approved plans. (5) 2.22 During construction the applicant shall comply with all City policies regarding short term construction emissions, including periodic watering of the site and prohibiting grading during second stage smog alerts and when wind velocities exceed 15 miles per hour. Exhibit A Resolution No. 3980 Page 6 (5) 2.23 If the project valuation is $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 on the city prescribed forms prior to issuance of demolition, precise/ rough grading, or a building permit. 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 C&D security deposit will be collected prior to issuance the permit. Prior to final inspection, applicant is shall submit to the City of Tustin documents (i.e. 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. (City Ordinance 1281) ENGINEERING (5) 3.1 Prior to the issuance of any permits, the project proponent must provide a separate 24" x 36" street improvement plan, as prepared by a California Registered Civil Engineer, for all construction within the public right-of-way. Construction and/or replacement of any missing, removed, or damaged public improvements will be required adjacent to this development at the project proponents cost. Said plan shall include, but not be limited to the following: a) Curb and Gutter b) Sidewalk c) Construct Tree Wells d) Remove Existing Drive Aprons e) Construction of a New 27 Foot Wide Commercial Drive Apron per City standard. f) Any Required Underground Utility Connections 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 will be required. (5) 3.2 At plan check, the project plans must show that existing sewer and domestic water are utilized whenever possible. (5) 3.3 Any damage done to existing street improvements and utilities during construction shall be repaired before issuance of a Certificate of Occupancy. Exhibit A Resolution No. 3980 Page 7 (5) 3.4 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. (5) 3.5 Prior to the issuance of any building permits, the plans must show that Current Federal Americans with Disabilities Act (ADA) requirements are met at the drive apron and pedestrian walkways. (5) 3.6 To provide sight distance for ingress and egress at the driveway, the project proponent shall install a minimum of twenty feet (20') of red curb on the both sides of the proposed driveway and to the property line on the east side of the proposed driveway. At note showing the red curb must be indicated on the project plans prior to building permit issuance. (5) 3.7 In addition to the normal full size plan submittal process, all final development plans including, but not limited to: tract maps, parcel maps, right-of-way maps, records of survey, public works improvements, private infrastructure improvements. final grading plans, and site plans are also required to be submitted to the Public Works Department/Engineering Division in computer aided design and drafting (CAD D) format. The standard file format is AutoCAD Release 2004 having the extension DWG. Likewise, layering and linetype conventions are AutoCAD-based (latest version available upon request from the Engineering Division). In order to interchangeably utilize the data contained in the infrastructure mapping system, CADD drawings must be in AutoCAD "DWG" format (i.e., produced using AutoCAD or AutoCAD compatible CADD software). The most current version of AutoCAD is Release 2004. Drawings created in AutoCAD Release 2000 are compatible and acceptable. The CADD files shall be submitted to the City at the time the plans are approved and updated CADD files reflecting "as built" conditions shall be submitted once all construction has been completed. (5) 3.8 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. (5) 3.9 The project proponent is required to comply with Section 4327 of the Tustin City Code which details the requirements for developing and implementing a Waste Management Plan. Exhibit A Resolution No. 3980 Page 8 a. The applicant, property owner and/or tenant(s) are required to participate in the City's recycling program. b. Prior to issuance of a building permit, a solid waste recycling plan identifying planned source separation and recycling programs shall be submitted and approved by the City of Tustin Public Works Department. (5) 3.10 Prior to the issuance of a building permit, improvement plans must be reviewed and approved by the Orange County Fire Authority for fire protection purposes. The adequacy and reliability of water system design and the distribution of fire hydrants will be evaluated. The plans will need to show that the water distribution system and appurtenances conform to the applicable laws and adopted regulations enforced by the Orange County Health Department. (5) 3.11 Release/approval from the East Orange County Water District shall be obtained prior to receiving water service. Backflow prevention devices must be installed in accordance with applicable standards and codes and shall be installed within an easement of suitable size to allow for unobstructed access, inspection, testing, and maintenance. The developer shall submit a water permit application to the East Orange County Water District and is responsible for all applicable and water connection fees. (5) 3.12 During the plan check process the location of fire hydrants must be approved by the City of Tustin and the Orange County Fire Authority. (5) 3.13 Prior to building permit issuance, a hydraulic analysis of the proposed water systems ability to meet OCFA fire flow demands and requirements shall be performed and certified by the project proponent. (5) 3.14 The developer is responsible for all costs related to the relocation of existing fire hydrants and the installation of new fire hydrants if any. (5) 3.15 The developer is responsible for all costs related to the abandonment, at the water main, of all existing potable water and fire service connections if any. (5) 3.16 The developer shall be responsible for all costs related to the installation of new potable and fire related water services. Exhibit A Resolution No. 3980 Page 9 (5) 3.17 Approval from Water Services Division is required for permitting or construction of any new service connections, abandonment or relocation of existing services, or improvements that will affect City's water facilities. Water system improvements plan shall be designed by a licensed Civil Engineer in accordance with the requirements and standards of the City of Tustin Department of Public Works or American Water Work Association. Title block per Engineering Services Division's conditions is available from Engineering at (714) 573-3164. Any easements for construction of City's facilities within private property shall be recorded. Submittals of improvement plan and design specification digital (PDF) files in entirety to Water Services Engineer are needed. These items are mandatory requirements prior to sign-off by the Water Services Manager. (5) 3.18 Prior to building permit issuance the project plans must demonstrate a turning radius for refuse and recycling vehicle movement on-site. SITE DESIGN (5) 4.1 Block walls shown on the project plans must be constructed with colors and materials that match existing on-site walls and walls immediately adjacent to the site. (5) 4.2 Prior to issuance of a Certificate of Occupancy, the additions to the existing building shall be of the same building materials and colors, including roof materials, as the existing building. (5) 4.3 Parking lot lighting shall not exceed 12 feet in height and placement locations must be approved by staff prior to installation. (5) 4.4 Prior to building permit issuance, the location of all transformers, circuit boxes, and Orange County Fire Authority flow detection check valves serving the property shall be indicated on the plans and must be placed as far back on the property and screened as much as possible to the satisfaction of the project planner. (5) 4.5 Prior to building permit issuance the site plan must show the location of the wrought iron fence required on the north elevation drawing. (5) 4.6 The property is limited to one (1) on-building sign to support the preschool use. The sign shall be of the colors, materials, location, and dimensions indicated on the approved plans. Exhibit A Resolution No. 3980 Page 10 LANDSCAPING (1) 5.1 Complete landscape and irrigation plans that comply with the City of Tustin Landscape and Irrigation Guidelines shall be submitted at plan check. The irrigation plan shall show the location and control of backflow prevention devices at the meter, pipe size, sprinkler type, spacing, and coverage details for all equipment. (1) 5.2 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, mowing, weeding, removal of litter, fertilizing, regular watering, and replacement of dead or diseased dying plants. All trees and landscaping within the site and the perimeter of the site shall be maintained in a healthy and vigorous condition. Unhealthy or dead trees shall be replaced within seventy-two (72) hours upon notification by the City. (1) 5.3 The landscape materials shall not conflict with the visual clearance requirements of any existing or new driveway approaches. USE RESTRICTIONS (5) 6.1 Prior to building permit issuance the "Drop Off Area" indicated on the plans must be deleted to provide added aisle width for on-site circulation and to accommodate guardians who will need to park to sign their children in/out of the school. Parking and drop off activities must occur in marked spaces and may not occur in a drop off area. (5) 6.2 The preschool is limited to a maximum of 49 pre-school age children as defined by the Department of Social Services during the span of any day. (5) 6.3 The preschool operator shall comply with all applicable licensing requirements of the State Department of Social Services. (5) 6.4 The permitted hours of operation are from 7:00 a.m. to 6:00 p.m. Monday through Friday, closed on Saturday and Sunday. Any modification to the hours of operation shall be approved by the Community Development Director. (5) 6.5 The guardians and preschool operator shall abide by the following restrictions: Exhibit A Resolution No. 3980 Page 11 . No parking in adjacent lots; . Parents who need to leave the car must park in on-site parking spaces; and, . No line-up or parking along the curb on San Juan Street is permitted except for special events such as plays and graduations. The preschool operator shall provide the City with a statement that must be signed by each guarding upon enrollment which indicates the above parking and circulation restrictions. (5) 6.6 In the event that the Community Development Director determines that parking for the preschool has become a problem the following corrective options may be required: . A staff member would need to be made available in the parking lot area to usher children to and from guardian's parked vehicles; . The class schedule would need to be staggered into additional sessions; or, . The number of students would need to be reduced. . Revocation of the Conditional Use Permit (5) 6.7 The owners/tenant shall be responsible for the daily maintenance and upkeep of the facility, including but not limited to, trash removal, painting, graffiti removal, and maintenance of improvements to ensure that the facilities are maintained in a neat and attractive manner. All graffiti shall be removed within 72 hours of a complaint being transmitted by the City to the property owner/tenant. Failure to maintain said structure and adjacent amenities will be grounds for City enforcement of its Property Maintenance Ordinance, including nuisance abatement. (5) 6.8 All food and drink consumption associated with the preschool curriculum shall occur inside the building. NOISE (1) 7.1 All construction operations, including engine warm-up and deliveries of materials and equipment, shall be subject to the provisions of the Tustin Noise Ordinance and shall take place only between the hours of 7:00 a.m. and 6:00 p.m., Monday through Friday, and between 9:00 a.m. and 5:00 p.m. on Saturday, unless otherwise determined by the Building Official. (1) 7.2 Construction hours shall be clearly posted on the project site to the Exhibit A Resolution No. 3980 Page 12 satisfaction of the Building Official. (5) 7.3 The property owner and/or preschool operator shall comply with the interior and exterior noise standards for residential properties, as set forth in Tustin City Code Section 4614. Based on the preschool's day time operating hours and the proposed concrete block wall, noise levels from playground activities are expected to be less than significant and below the City's noise standards. However, if subsequent code enforcement reveals that playground activities exceed the noise standards of the Tustin City Code, the Community Development Director shall require the property owner to limit the duration of playground activity and/or install sound attenuating devices on the walls surrounding the playground, such as quilted fiberglass noise absorbers, acoustical foam absorbers, or convoluted foam sheets at the property to achieve noise levels that are below noise standards. The property owner shall bear all associated costs for the installation of sound attenuating devices. (5) 7.4 No amplified sound devices are permitted outside of the building. FIRE (5) 8.1 Prior to the issuance of a building permit, the applicant shall obtain approval of the Fire Chief for all fire protection access roads to within 150 feet of all portions of the exterior of the structure. The site plan shall indicate the locations of all fire hydrants located nearest the property line Please contact the OCFA at (714) 573- 6100 or visit the OCFA website to obtain a copy of the "Guidelines for Emergency Access." (5) 8.2 Prior to the issuance of a building permit, the applicant shall submit architectural plans for the review and approval of the Fire Chief if required per the "Orange County Fire Authority Plan Submittal Criteria Form." Please contact the OCFA at (714) 573-6100 for a copy of the Site/Architectural Notes to be placed on the plans prior to submittal. (5) 8.3 Prior to the issuance of a building permit, the applicant shall submit plans for any required automatic fire sprinkler system in any structure to the Fire Chief for review and approval, if applicable. (Fire sprinklers are required if the square footage of the structure equals or exceeds 6,000 square feet. Please contact the OCFA at (714) 573-6100 to request a copy of the "Orange County Fire Authority Notes for New NFPA 13 Commercial Sprinkler Systems." Exhibit A Resolution No. 3980 Page 13 (5) 8.4 Prior to the issuance of a certificate of use and occupancy, any required fire sprinkler system shall be operational in a manner meeting the approval of the Fire Chief. (5) 8.5 Prior to the issuance of a building pemnit, plans for a fire alarm system shall be submitted to the Fire Chief for review and approval. Please contact the OCFA at (714) 573-6100 or visit the OCFA website to obtain a copy of the "Guideline for New and Existing Fire Alarm Systems." The system shall be operational prior to the issuance of a certificate of use and occupancy. FEES (1) 9.1 Prior to issuance of any building permits, payment shall be made of all applicable fees, including, but not limited to, the following. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. A. Building and grading plan check and permit fees shall be paid to the Community Development Department based on the most current schedule. B. Private improvement plan check and permit fees shall be paid to the Community Development Department. C. Payment of the Major Thoroughfare and Bridge Fees to the Tustin Public Works Department is required at the time a building permit is issued. D. Transportation System Improvement Program Fees shall be paid to the Community Development Department. E. OCFA plan check and inspection fees shall be paid to the Community Development Department based upon the most current schedule. F. School facilities fee to the Tustin Unified School District shall be paid to the District in accordance with any agreement reached and executed between the District and the applicant. G. Payment of the Orange County Sanitation District No. 7 Sewer Connection Fees is required at the time a building permit. (1) 9.2 Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, Exhibit A Resolution No. 3980 Page 14 a cashier's check payable to the COUNTY CLERK in the amount of forty-three dollars ($43.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period the applicant has not delivered to the Community Development Department the above-noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened. ,.~. .. ---'--.---- ._----_._.~--_..., '--,._..~,--_.__...,_. .