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HomeMy WebLinkAboutCC RES 07-79RESOLUTION NO. 07-79 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING CONDITIONAL USE PERMIT 06-024 AND DESIGN REVIEW 06-020 AUTHORIZING THE DEVELOPMENT OF A 77-UNIT CONDOMINIUM PROJECT ON A 4.1-ACRE SITE LOCATED AT 1972 MITCHELL AVENUE AND 14251-14351 BROWNING AVENUE The City Council of the City of Tustin does hereby resolve as follows: I. The City Council finds and determines as follows: A. That a proper application for Conditional Use Permit 06-024 and Design Review 06-020 was submitted by Sun-Cal Browning LLC requesting authorization to demolish 60 apartment units and construct a 77-unit condominium project located at 1972 Mitchell Avenue and 14251-14351 Browning Avenue (APN 432-342-30); B. That a public hearing was duly called, noticed, and held for said application on August 28, 2007, and September 11, 2007, by the Planning Commission; C. That the site is currently located in the High Density Residential (HDR) General Plan land use designation and Suburban Residential (R-4) Residential zoning district. The City Council approved Zone Change 06- 002 to rezone the property from R-4 to Multiple Family Residential (R-3) by adoption of Ordinance No. 1343; D. As conditioned, the proposed subdivision and development will be in conformance with the Tustin Area General Plan, zoning regulations, State Subdivision Map Act, and the City's Subdivision Code; E. Intentionally left blank; F. That the establishment, maintenance, and operation of the proposed use will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin in that: a) The buildings are located on their sides along most of the R-1 adjoining properties 10 feet from the westerly property line and 16 feet from the southerly property line. Units proposed along the single family residential property lines have been designed at two Resolution No. 07-79 Conditional Use Permit 06-024, DR 06-020 Page 2 stories with a loft that are 3-4 feet lower in height than other proposed units on the site. b) No balconies will be located within these areas and window openings are smaller in size and carefully placed to minimize intrusion of privacy on the adjacent existing residential properties. c) The proposed height is consistent and compatible with the maximum allowed height for single family residential (R-1), which is 30 feet. d) The buildings are two stories with a loft and three stories that range in height from 30'-9" to 36'-9" with an average height of 35 feet. The proposed increase in height of 1'-9" for an overall height of 36'-9" is within the 10 percent allowable increase for minor adjustments. Given today's standard for condominium development, it is typical for multiple family residential structures to be 2-3 stories and the increase in height would create a desirable variation in building design/height and individual treatment of each unit. e) Considering the provided setbacks and stepped height design, aesthetic and livability impacts to adjacent properties are not substantial with respect to privacy and shade and shadow effects. G. Pursuant to Section 9272 of the Tustin Municipal Code, the City Council finds that the location, size, architectural features, and general appearance of the proposed development 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 City Council has considered at least the following items: ^ Height, bulk, and area of buildings. ^ Setbacks and site planning. ^ Exterior materials and colors. ^ Type and pitch of roofs. ^ Size and spacing of windows, doors, and other openings. ^ Towers, chimneys, roof structures, flagpoles, radio and television antennae. ^ Location, height, and standards of exterior illumination. ^ Landscaping, parking area design, and traffic circulation. ^ Location and appearance of equipment located outside an enclosed structure. ^ Location and method of refuse storage. ^ Physical relationship of proposed structures to existing structures in the neighborhood. Resolution No. 07-79 Conditional Use Permit 06-024, DR 06-020 Page 3 Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. Proposed signage. Development Guidelines and criteria as adopted by the City Council. H. The project includes dedication in fee along Mitchell Avenue and Browning Avenue for existing right-of-way as depicted on Tentative Tract Map 17096. I. That the applicant has requested approval of Zone Change 06-002 and Tentative Tract Map 17096 in conjunction with the application for Conditional Use Permit 06-024 and Design Review 06-020, and findings and conditions of approval related to site design, street design, open space and park site design, dedication of necessary rights-of-way, and provision of necessary infrastructure improvements have been included in Resolution No. 07-78. J. That a Mitigated Negative Declaration was adopted by Resolution No. 07- 77 for the proposed development. The City Council finds that there is no substantial evidence that the project will have a significant effect on the environment and that the Mitigated Negative Declaration reflects the lead agency's independent judgment and analysis. II. The City Council hereby approves Conditional Use Permit 06-024 and Design Review 06-020 for development of a 77-unit condominium project on a 4.1-acre site located at 1972 Mitchell Avenue and 14251-14351 Browning Avenue, subject to the conditions contained in Exhibit A attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin City Council held on the 6th day of November, 2007 JERRY AMANTE MAYOR PRO TEM PAMELA STOKER CITY CLERK Resolution No. 07-79 Conditional Use Permit 06-024, DR 06-020 Page 4 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 07-79 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 6t" day of November, 2007, by the following vote: COUNCILMEMBER AYES: Amante, Davert, Palmer (3) COUNCILMEMBER NOES: Kawashima (1) COUNCILMEMBER ABSTAINED: Bone (1) COUNCILMEMBER ABSENT: None (0) PAMELA STOKER CITY CLERK EXHIBIT A CONDITIONAL USE PERMIT 06-024 DESIGN REVIEW 06-020 RESOLUTION NO. 07-79 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall conform with the Tustin City Code and Tustin Design Guidelines and standards and be consistent with submitted plans for the project date stamped November 6, 2007, on file with the Community Development Department, except as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Director of Community Development may also approve minor modifications to plans during plan check if such modifications are consistent with the provisions of the Tustin City Code and other applicable codes. (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified or prior to the issuance of any building permits for the project, subject to review and approval by the Community Development Department. (1) 1.3 The subject project approval shall become null and void unless permits for the proposed project are issued and substantial construction is underway within 24 months. All time extensions may be considered if a written request is received within thirty (30) days prior to the expiration date. (1) 1.4 Approval of Conditional Use Permit 06-024 and Design Review 06-020 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) 1.5 The development of the project described in Conditional Use Permit 06- 024 and Design Review 06-020 shall be designed and constructed in accordance with the Tentative Tract Map 17096 application as approved by Resolution No. 07-78 and mitigated negative declaration and Resolution No. 07-77 which are incorporated herein by reference. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODES (7) PC/CC POLICY (4) DESIGN REVIEW ***EXCEPTION Resolution No. 07-79 Page 5 of 22 (1) 1.6 As a condition of approval of Conditional Use Permit 06-024 and Design Review 06-020, the applicant shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision- making body, including staff, concerning this project. The City agrees to promptly notify the applicant of any such claim or action filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in defense of any such action under this condition. (*) 1.7 Intentionally left blank. (***) 1.8 Ordinance No. 1343 rezoning the property from the R-4 Zone to the R-3 Zone shall not become effective until recordation of a covenant running with the land and the final subdivision map. The covenant running with the land shall provide that no more than 77 dwelling units shall be developed and maintained on the property and that in the event building permits for the construction of the project as approved pursuant to Design Review (DR) 6-20 and Conditional Use Permit (CUP) No.6-24 are not issued within sixty (60) days of recordation of the final map, the Developer and/or Owner of the property and their successors and assigns will not contest or protest the rezoning of the property from R-3 Zone to the R-4 Zone, nor will any of them contest or protest the invalidation of CUP No. 06-24, DR 06-20 approval, and other project approvals. (***) 1.9 This Resolution and Design Review 06-20 and Conditional Use Permit 06- 24 shall not become effective and shall remain null and void until Ordinance No.1343 takes effect pursuant to the terms of that Ordinance. (***) 1.10 This Resolution and Design Review 06-20 and Conditional Use Permit 06- 24 shall be null and void in the event that building permits for the construction of the project as approved pursuant to CUP No.06-24 and DR 06-20 are not issued within sixty (60) days after recordation of the City Council approval of the final map or 24 months, whichever occurs first. (***) 1..11 Prior to issuance of building permits, the applicant shall submit revised plans for review and approval that provide for the improvements listed below. All other standards of the Tustin City Code shall be met. • The lofts located in the townhomes abutting the rear property lines of the dwellings along Cloverbrook Drive shall be eliminated and roof heights lowered. The height at the eave shall be 20 feet or less and the height of the roof immediately above this dwelling unit shall be 23 feet or less from finished grade of the project site. Resolution No. 07-79 Page 6 of 22 • The side yard setback at the western property line abutting dwelling units along Cloverbrook Drive shall be a minimum of twenty (20) feet. • Additional landscape plant materials shall be installed along the western property line abutting residences along Cloverbrook Drive to create landscape buffer. • Opaque glass shall be installed and opening of second floor windows shall be limited for the proposed dwelling units located along the western property line abutting dwelling units along Cloverbrook Drive. • If supported by the City's Traffic Engineer, the developer shall install signage at the exit/entry driveway restricting right turn movement on to Browning Avenue during the morning arrival hour and afternoon departure hour of the Nelson Elementary School. GRADING PLAN SUBMITTAL (1) 2.1 Four (4) sets of final grading plans, including a site plan, and consistent with the landscaping plans, as prepared by a registered civil engineer, shall be submitted and shall include the following: A. Technical details and plans for all utility installations including telephone, gas, water, and electricity. B. Three (3) copies of a precise soils report provided by a civil engineer and less than one (1) year old. Expanded information regarding the levels of hydrocarbons and ground water contamination found on-site shall be provided in the soil report. All pavement "R" values shall be in accordance with applicable City of Tustin standards. C. All site drainage shall be handled on-site and shall not be permitted to drain onto adjacent properties. D. Drainage, vegetation, circulation, street sections, curbs, gutters, sidewalks, and storm drains shall comply with the on-site Private Improvement Standards. E. Two (2) copies of a hydrology report. F. Building and landscape setback dimensions and dimensions for all drive aisles, back up areas, each covered parking stall, and open parking stalls. Resolution No. 07-79 Page 7 of 22 (1) 2.2 The engineer of record must submit a final compaction report to the Building Division for review and approval prior to the issuance of a building permit. (1) 2.3 The engineer of record must submit a pad certification to the Building Division for review and approval prior to the issuance of a building permit. (1) 2.4 A surety/cash bond will be required to assure work is completed in accordance with approved plans prior to permit issuance. The engineer's estimated cost of the grading, drainage, and erosion control shall be submitted to the Public Works Department and Building Official for determination of the bond amount. (1) 2.5 A note shall be provided on the final plans indicating that a six (6) foot high chain link fence shall be installed around the site prior to grading. 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. BUILDING PLAN SUBMITTAL (3) 3.1 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), California Title 24 Accessibility Regulations, Title 24 Energy Regulations, City Ordinances, and State and Federal laws and regulations. It is expected that a new set of California Codes will take effect on January 1, 2008. Please note that the current conditions are based on current codes that maybe subject to change with adoption of new codes. (3) 3.2 Building plan check submittal shall include the following: • Four (4) sets of construction plans, including drawings for mechanical, plumbing, and electrical. • Two copies of structural calculations. • Two copies of Title 24 energy calculations. • The location of any utility vents or other equipment shall be provided on the roof plan. • 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 Resolution No. 07-79 Page 8 of 22 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." • Noise attenuation features as required by Condition 10.1 of this Resolution. • Note on plans that no field changes shall be made without prior approval from the Building Official and architect or engineer of record. (1) 3.3 Sufficiently sized concrete pad in front of mailbox structures shall be provided to allow mail carrier to place mail and homeowner to retrieve mail without standing in the street or landscape area. (3) 3.4 Submitted plans shall comply with 2001 California Building Code Chapter 3, Chapter 5, and minimum egress requirements in Table 10A or the latest adopted codes at the time of plan check submittal. (3) 3.5 Area of third floors exceeding 550 sq. ft. shall have at least two means of egress per CBC Section 1007.7.1 and as modified by the City of Tustin Building Division Policy #C6. (3) 3.6 All buildings shall be within maximum allowable floor area per Table 5-B of the 2001 CBC or the latest adopted codes at the time of plan check submittal. (3) 3.7 Escape or rescue windows shall be provided in all sleeping rooms, in accordance with the 2001 California Building Code (Section 310.4). (1) 3.8 The clear and unobstructed interior garage dimensions for each parking space shall be a minimum of 10 feet in width and 20 feet in length and shall be shown on the plans. PUBLIC WORKS DEPARTMENT (1) 4.1. Prior to issuance of any Building Permit, a separate 24" x 36" street improvement plan, as prepared by a California Registered Civil Engineer, shall be required for all construction within the public right-of-way. Construction and/or replacement of any missing or damaged public improvements shall be required adjacent to this development. The developer shall remove and replace the damaged trees and damaged Resolution No. 07-79 Page 9 of 22 sidewalk along Browning Avenue and Mitchell Avenue. Said plan shall include, but not be limited to, the following: a) Curb and gutter b) Sidewalk, including curb ramps for the physically disabled c) Drive aprons d) Street Lighting e) Catch basin/storm drain laterals connection to existing storm drain system f) Domestic water facilities g) Sanitary sewer facilities h) Landscape/irrigation i) Underground utility connections j) Traffic signage and striping plan The traffic signage and striping plan shall incorporate all requirements outlined in the traffic impact analysis, including turning lanes on Browning Avenue and parking restrictions adjacent to the site. 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, shall be required. (1) 4.2. Prior to issuance of a grading permit, the developer shall submit a Construction Management Plan, as required under the Traffic Impact Analysis, for the site to address safety issues, such as regulating construction access to the site during children arrival and departure from the nearby school. (1) 4.3. Street Lights adjacent to the site: • The developer shall design and construct a street light on a "Marbelite" pole served by underground conduit at the project entrance on Browning Avenue. • Street lights on Mitchell Avenue (if required to meet design criteria) shall meet the Residential Collector street requirements: 5,800 lumen high pressure sodium vapor lamps with 28' mounting height on 6' arms spaced 400 feet apart along both sides of the street. The lights are to be staggered from side to side along the street, thus the spacing between lights is 200 feet with developer responsible only for lights on the new development side of the street. • Street lights on Browning Avenue shall meet the Secondary Arterial Highway requirements: 16,000 lumen high-pressure sodium vapor lamps with 30' mounting height on 8' arms, spaced at 240' along Resolution No. 07-79 Page 10 of 22 both sides of the street. The lights are to be staggered from side to side, thus spacing between lights is 120 feet with the developer responsible only for lights on the new development side of the street. (1) 4.4. All street lights shall be installed per the minimum design standards and the standards of the City of Tustin and the Southern California Edison Company, and as approved by the City Engineer. (1) 4.5. Preparation of a sedimentation and erosion control plan for all work related to this development shall be required. (1) 4.6. Prior to issuance of encroachment permit, the sanitary sewer facilities plans shall be submitted as required by the City Engineer and local sewering agency for review and approval. (1) 4.7. Prior to issuance of any permit, a complete hydrology study and hydraulic calculations shall be submitted for review and approval by the City. (1) 4.8. Permission from property owners shall be required for any work located on adjacent properties. (1) 4.9. Adequate horizontal and vertical intersection sight line shall be provided. In general a 25' x 25' limited use area triangle provides adequate sight at typical driveways. Additional sight evaluation, however, could be required to satisfy City of Tustin Standard Drawings and Design Standards for Public Works Construction No. 510 for all affected streets. The sight lines would be shown on the grading plan and landscape plan. If detailed analyses are requested, all landscaping within the limited use area would need to comply with City of Tustin Standard Drawings and Design Standards for Public Works Construction No. 510. (1) 4.10. Existing sewer, domestic water, reclaimed water, and storm drain service laterals shall be utilized whenever possible. Prior to issuance of any permit, the applicant shall contact and coordinate the project with the appropriate utility agency. (1) 4.11. On-site flows shall be diverted into an approved storm drain system, subject to review and approval by the City Engineer. (1) 4.12. Any damage done to existing street improvements and utilities shall be repaired before acceptance of the tract and/or issuance of a Certificate of Occupancy for the development on any parcel within the subdivision. (1) 4.13. Prior to any work in the public right-of-way, an Encroachment Permit shall be obtained from and applicable fees paid to the Public Works Department. Resolution No. 07-79 Page 11 of 22 (1) 4.14. 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 shall be submitted to the Public Works Department/Engineering Division in computer aided design and drafting (CADD) 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 shall 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. The subdivision bonds will not be released until the "as built" CADD files have been submitted. (1) 4.15. Prior to issuance of any Building permit, the applicant shall submit a site plan and obtain a new address from the Engineering Division. (1) 4.16. 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. (1) 4.17. Project Recycling Requirement -The City of Tustin is required to comply with the recycling requirements contained in the California Integrated Waste Management Act of 1989. To facilitate City compliance with this law, the Project Applicant is required to comply with Section 4327 of the Tustin City Code which details requirements for developing and implementing a Waste Management Plan. (1) 4.18. Multi-Family Recycling: The Applicant, Property Owner, and/or tenant(s) are required to participate in the City's recycling program. (1) 4.19. Prior to issuance of any permit the applicant shall submit the improvement plans to the Orange County Fire Authority for fire protection review and approval. The adequacy and reliability of water system design and the distribution of fire hydrants will be evaluated. The water distribution system and appurtenances shall also conform to the applicable laws and adopted regulations enforced by the Orange County Health Department. Resolution No. 07-79 Page 12 of 22 (1) 4.20. Prior to issuance of any Building Permit, 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. (1) 4.21. The location of fire hydrants shall be approved by the City of Tustin and the Orange County Fire Authority. (1) 4.22. Fire hydrant connections to the water mains shall be per City Standard Drawing No. 1004. (1) 4.23. Hydraulic analysis of the proposed water system and ability to meet OCFA fire flow demands and requirements shall be performed and certified by the developer. (1) 4.24. Blow off at dead end locations of water main shall be per City Standard Drawing No. 1007. (1) 4.25. Water meter and the connection to water main shall be per City of Tustin Standard Drawing No. 1001. (1) 4.26. If the buildings are sprinkled then water meters with reduced pressure backflow prevention device per City of Tustin Standard Drawing No. 1109 shall be used. (1) 4.27. The developer is responsible for all costs related to the relocation of existing fire hydrants and the installation of new fire hydrants if any. (1) 4.28. 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. (1) 4.29. The developer shall be responsible for all costs related to the installation of new potable and fire related water services. (1) 4.30. Approval from the City's 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. A separate on-site water plan for improvements outside the street right of ways and within private property will be required Resolution No. 07-79 Page 13 of 22 for on-site improvements to be maintained by the City. 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. (1) 4.31. Prior to issuance of a demolition, precise/rough grading, and/or building permit with valuation of $50,000 or greater, the applicant shall submit for approval by the City of Tustin, Construction & Demolition (C&D) debris collection, disposal, and diversion information on the City-prescribed forms. (1) 4.32. At least 50 percent of the construction debris shall be diverted from landfill to the recycling plants. A security deposit in the amount of $50 per ton (not to exceed $5,000 per project) for a C&D security deposit will be collected prior to issuance the permit. Prior to final inspection, the applicant 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. (City Ordinance 1281) (1) 4.33. 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. (1) 4.34. Prior to submittal of a Water Quality Management Plan (WQMP), the applicant shall submit a deposit of $2,700.00 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. (1) 4.35. Prior to issuance of grading permits, the applicant shall submit a copy of the Notice of Intent (NOI) indicating that coverage has been obtained under the National Pollutant Discharge Elimination System (NPDES) State General Permit for Storm Water Discharges Associated with Construction Activity from the State Water Resources Control Board. Evidence that the NOI has been obtained shall be submitted to the Building Official. In Resolution No. 07-79 Page 14 of 22 addition, the applicant shall include notes on the grading plans indicating that the project will be implemented in compliance with the Statewide Permit for General Construction Activities. (1) 4.36. The following requirements shall be defined on permit plan cover sheets as either general or special notes and the project shall be implemented in accordance with the notes: • Construction sites shall be maintained in such a condition that an anticipated storm does not carry wastes or pollutants off the site. • Discharges of material other than storm water are allowed only when necessary for performance and completion of construction practices and where they do not: cause or contribute to a violation of any water quality standard; cause or threaten to cause pollution, contamination, or nuisance; or contain a hazardous substance in a quantity reportable under Federal Regulations 40 CFR Parts 117 and 302. • Potential pollutants include, but are not limited to: solid or liquid chemical spills; wastes from paints, stains, sealants, glues, limes, pesticides, herbicides, wood preservatives, and solvents; asbestos fibers, paint flake or stucco fragments; fuels, oils, lubricants, and hydraulic, radiator or battery fluids; fertilizers, vehicle/equipment wash water and concrete wash water, concrete, detergent or floatable wastes; wastes from any engine equipment steam cleaning or chemical degreasing; and chlorinated potable water line flushings. During construction, disposal of such materials should occur in a specified and controlled temporary area on site, physically separated from potential storm water run-off, with ultimate disposal in accordance with local, State, and Federal requirements. • Dewatering of contaminated groundwater or discharging contaminated soils via surface erosion is prohibited. Dewatering of non-contaminated groundwater requires a National Pollutant Discharge Elimination System Permit from the California State Regional Water Quality Control Board. (1) 4.37. 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 alerts and when wind velocities exceed 15 miles per hour. MODEL HOME PLAN AND CONSTRUCTION PHASING Resolution No. 07-79 Page 15 of 22 (1) 5.1 A site plan, street improvement plan including a public parking area, landscape plans, lighting plans, and striping plan for the model home complex shall be submitted for review and approval of the Community Development Department. The project construction shall follow the construction phasing proposed with the submitted phasing plan unless approved by the Community Development Department. All required improvements for streets, landscaping, ADA compliance, emergency access, security lighting, etc. shall be installed prior to final inspection for the model homes and the sales office. (1) 5.2 The recreation area (pool/spa, pool buildings, etc.), all perimeter block walls including a new 6' 8" block wall along the westerly and southerly property lines, landscaping, and infrastructure shall be installed with the first phase of development. (1) 5.3 Temporary construction fencing shall be permitted to encroach into required travelways of private streets or drives once constructed and shall be removed prior to issuance of Certificate of Occupancy for the model homes. (1) 5.4 The developer shall close and convert the model .homes to occupancy within 90 days from the last home sale of the same style home. Prior to issuance of building permits for the model homes, the developer shall submit a bond to ensure the conversion. ARCHITECTURE (4) 6.1 Window trims, surrounds, and mullions shall be provided on all elevations consistent with the architectural treatment and of the buildings subject to final approval of the Community Development Department. (4) 6.2 All exterior colors and textures shall be submitted to review and approval of the Community Development Department and final inspection. Colors, materials, and textures shall be coordinated with the architectural styles and noted in construction plans. (4) 6.3 All mechanical and electrical fixtures and equipment shall be adequately and decoratively screened. The screen shall be included as an element of the overall design of the project and blend with architectural design of the building. All telephone and electrical boxes shall be identified on the construction plans. Electrical transformers shall be located toward the interior of the project to minimize visual impacts. (*) 6.4 A comprehensive material and color board compatible with the neighboring properties shall be submitted for review and approval of the Community Development Department. Resolution No. 07-79 Page 16 of 22 (*) 6.5 Loft units along the westerly property line shall include opaque glass on the third level to minimize the privacy impacts to the adjoining neighbors. LANDSCAPING/HARDSCAPE (1) 7.1 Submit at plan check complete detailed landscaping and irrigation plans for all landscaping areas, including the model complex, consistent with adopted City of Tustin Landscaping requirements. The plans shall include the following: • Include a summary table identifying plan materials. The plant table shall list botanical and common names, sizes, spacing, location, and quantity of the plant materials proposed. • Show planting and berming details, soil preparation, staking, etc. The irrigation plan shall show location and control of backflow prevention devices, pipe size, sprinkler type, spacing, and coverage. Details for all equipment must be provided. • Show all property lines on the landscaping and irrigation plans, public right-of-way areas, sidewalk widths, parkway areas, and wall locations. • The Community Development Department may request minor substitutions of plant materials or request additional sizing or quantity of materials during plan check. • Add a note that coverage of landscaping and irrigation materials is subject to inspection at project completion by the Community Development Department. • Turf is unacceptable for grades over 25 percent. A combination of planting materials shall be used. On large areas, ground cover alone is not acceptable. • Shrubs shall be a minimum of five (5) gallon size and shall be placed a maximum of five (5) feet on center. • Ground cover shall be planted eight (8) to twelve (12) inches on center. • Fences, wall, and equipment areas shall be screened with walls, vines, and/or trees. • All plant materials shall be installed in a healthy vigorous condition typical to the species and shall be maintained in a neat and healthy condition. Maintenance includes, but is not limited to, trimming, Resolution No. 07-79 Page 17 of 22 weeding, removal of litter, fertilizing, regular watering, and replacement of diseased or dead plants. • Major points of entry to the project, private streets, and private drives and internal circulation shall receive specimen trees to create an identifying theme. • All trees shall be minimum 24-inch box in size. Trees along the westerly and southerly property lines shall be a variety of at least 24-inch and 36-inch boxes to create a mature tree lining on these boundaries. (4) 7.2 On-site walls and fences shall be noted on the plans with specific materials, colors, and decorative treatments. Interior wall/fences shall be made of durable materials subject to review and approval of the Community Development Department. (4) 7.3 The applicant shall coordinate with adjacent property owners to replace all existing walls along the westerly and southerly boundaries of the site with a 6'-8" tall decorative block wall (split-face or approved equal) within their property (including the footing). The color and material of the wall is subject to approval by the Community Development Department. (4) 7.4 Private patios along the westerly property line shall be designed with a 2-3 landscaping edge for landscape improvements. The developer shall install the landscape and irrigation system for these areas to ensure that the planting remain healthy. Trees including the trees between private patios shall be maintained and replaced as necessary by the homeowner's association. USE RESTRICTIONS (4) 8.1 Parallel guest parking spaces, parking stalls, and driveway parking spaces shall be maintained as shown on the approved "Site Plan" and "Waste Management Plan." Any changes to the number, location, or size of parking spaces shall be reviewed and approved by the Director of Community Development. (*) 8.2 Trashcans shall be placed only in the locations identified on the approved "Waste Management Plan." Residents are required to store their trash and recycling carts within the area designated within the garage. Prior to collection day, the residents need to move the carts to an area immediately outside their garage, where a Homeowner Association Employee will be in charge of relocating them to the designated parking stalls that are marked and designated accordingly. The carts shall be placed in the common drives no earlier than noon on the day before scheduled collections and removed within twelve (12) hours of collection. Resolution No. 07-79 Page 18 of 22 Any changes or modifications to the approved waste management plan shall be submitted to the Public Works Department for review and approval. Adequate signs that post the Waste Management Plan and designated parking spaces shall be provided subject to final approval of the Community Development Department. (1) 8.3 No outdoor storage shall be permitted during grading or building stages, except as approved by the Tustin Community Development Director. (1) 8.4 During construction, permission from adjacent property owners shall be required for any work located on adjacent properties. (1) 8.5 All on-site signs (i.e. stop signs, no parking signs) shall be designed with decorative posts complementary to the light posts throughout the site. ORANGE COUNTY FIRE AUTHORITY (5) 9.1 Prior to the issuance of any building permits, the applicant shall provide evidence of adequate fire flow. The "Orange County Fire Authority Water Availability for Fire Protection" form shall be signed by the applicable water district and submitted to the Fire Chief for approval. (5) 9.2 Prior to the issuance of a building permit, the applicant shall submit plans for the required automatic fire sprinkler system in all structures to the Fire Chief for review and approval. 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." Prior to the issuance of a certificate of occupancy, this system shall be operational in a manner meeting the approval of the Fire Chief. (5) 9.3 Prior to the issuance of any building permits, the applicant shall submit plans and obtain approval from the Fire Chief for fire lanes on required fire access roads less than 36 feet in width. The plans shall indicate the locations of red curbs and signage and include a detail of the proposed signage including the height, stroke and colors of the lettering and its contrasting background. Please contact the OCFA at (714) 573-6100 or visit the OCFA website to obtain a copy of the "Guidelines for Emergency Access Roadways and Fire Lane Requirements." Prior to the issuance of any certificate of occupancy, the fire lanes shall be installed in accordance with the approved fire master plan. The CC&Rs or other approved documents shall contain afire lane map, provisions prohibiting parking in the fire lanes and a method of enforcement. (5) 9.4 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." Resolution No. 07-79 Page 19 of 22 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) 9.5 Prior to the issuance of a building permit, plans for the fire alarm system shall be submitted to the Fire Chief for review and approval. 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." This system shall be operational prior to the issuance of a certificate of occupancy. (5) 9.6 Prior to the issuance of any building permits, the applicant shall submit a fire hydrant location plan to the Fire Chief for review and approval. (5) 9.7 Prior to the issuance of a building permit, the applicant shall submit evidence of the on-site fire hydrant system to the Fire Chief and indicate whether it is public or private. If the system is private, it shall be reviewed and approved by the Fire Chief prior to building permit issuance, and the applicant shall make provisions for the repair and maintenance of the system in a manner meeting the approval of the Fire Chief. Please contact the OCFA at (714) 573-6100 or visit the OCFA website for a copy of the "Guidelines for Private Fire Hydrant and/or Sprinkler Underground Piping." (5) 9.8 Prior to the issuance of any certificate of occupancy, all fire hydrants shall have a blue reflective pavement marker indicating the hydrant location on the street as approved by the Fire Chief, and must be maintained in good condition by the property owner. Please contact the OCFA at (714) 573- 6100 or visit the OCFA website for a copy of the "Guideline for Installation of Blue Dot Hydrant Markers." NOISE (*) 10.1 For adequate ventilation without windows open, all units shall be equipped with A/C units with a summer switch (fresh-air intake). ENVIRONMENTAL (*) 11.1 If buried resources are found during grading within the project area, a qualified archaeologist would need to assess the site significance and perform the appropriate mitigation. The Native American viewpoint shall be considered during this process. This could include testing or data recovery. Native American consultation shall also be initiated during this process. POLICE DEPARTMENT Resolution No. 07-79 Page 20 of 22 (*) 12.1 The pool access gates need to be equipped with a knox box for emergency access. (*) 12.2 Landscaping should be designed with surveillance opportunities for residents and police personnel in patrol vehicles. (*) 12.3 Security devices such as double locking deadbolts, strike plates, with 1 1/2 inch screws and pin locks on windows and sliders shall be installed minimizing the potential for criminals to access the units. FEES (1)(5) 13.1 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 plan check and permit fees to the Community Development Department based on the most current schedule at the time of permit issuance. b. Engineering plan check and permit fees to the Public Works Department based on the most current schedule at the time of plan check and permit issuance. c. Orange County Fire Authority plan check and inspection fees to the Community Development Department based upon the most current schedule at the time of permit issuance. d. Major Thoroughfare and Bridge Fees to the Tustin Public Works Department based on the most current schedule at the time of building permit issuance. e. Transportation System Improvement Program (TSIP), Benefit Area "B" fees in the amount of $3.31 per square foot of new or added gross square floor area of construction or improvements to the Community Development Department. f. Water and sewer connection fees to City of Tustin Water Services. g. New development tax is $350.00 per unit. h. School facilities fee in the amount as required by Tustin Unified School District. i. Applicable parkland in-lieu fees as required by Resolution No. 4066. Resolution No. 07-79 Page 21 of 22 (1) 13.2 Within forty-eight (48) hours of final approval of the project, the applicant shall deliver to the Community Development Department, a CASHIER'S CHECK payable to the County Clerk in the amount of fifty dollars ($50.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period that applicant has not delivered to the Community Development Department the above-noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened. Resolution No. 07-79 Page 22 of 22