HomeMy WebLinkAboutPC RES 3980
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. X
;JJNC !;;;;.:!{U- ~
Chairperson
&~1L ~J.6
ELIZABETH A. BiN SACK
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.
&~dA~k
ELIZABETH A. BINSACK
Planning Commission Secretary
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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
retuming 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 (CPG),
2001 California Electrical Code (CEC), California Title 24
Accessibility Regulations, Title 24 Energy Regulations, City
Ordinances, and State and Federal laws and regulations.
Building plan check submittal shall include the following:
. Seven (7) sets of construction plans, including drawings for
mechanical, plumbing and electrical.
. 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 Califomia 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 SA).
(3) 2.8 Prior to building permit issuance, the plans must show that exterior
walls are made from one-hour fire resistive construction materials
where exterior walls are less than twenty (20) feet from property
Exhibit A
Resolution No. 3980
Page 4
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 California 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
issuance of grading permits. Any unused portion of the deposit shall
be refunded to the applicant.
Exhibit A
Resolution No. 3980
Page 5
(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.
(5) 2.23 If the project valuation is $50,000 or greater, the applicant shall
submit for approval by the City of Tustin, Construction &
Exhibit A
Resolution No. 3980
Page 6
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 (Le. 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 DepartmenUEngineering Division in computer aided
design and drafting (CADD) format. The standard file format is
AutoCAD Release 2004 having the extension DWG. Likewise,
layering and Iinetype 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 (Le., 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.
Exhibit A
Resolution No. 3980
Page 12
(1 ) 7.2 Construction hours shall be clearly posted on the project site to the
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 permit, 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.
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