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HomeMy WebLinkAboutPC RES 3813l0 14 20 2! 2.4 25 27 RESOLUTION NO. 3813 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING DESIGN REVIEW 01-018 AND CONDITIONAL USE PERMIT 01-014 FOR CONSTRUCTION OF A 50,275 SQUARE FOOT RETAIL MARKET AND PHARMACY BUILDING WITH DRIVE THROUGH LANES, SITE AMENITIES, AND AN AMENDMENT TO CONDITIONAL USE PERMIT 91-032 FOR A RECYCLING CENTER AT 13270 NEWPORT AVENUE. The Planning Commission of the City of Tustin does hereby resolve as follows' The Planning Commission finds and determines as follows: Ao That proper applications for Design Review 01-018 and Conditional Use Permit 01-014 were filed by Albertsons Inc. requesting approval to construct a 50,275 square foot retail market and a pharmacy with drive-through lanes. B, The proposed project is consistent with the policies of the General Plan land use designation "Community Commercial" which provides for policies and guidelines for commercial development and complies with the Retail Commercial (C-1) zoning district regulations and development standards for permitted and conditionally permitted uses. in addition, the project has been reviewed for consistency with the Air Quality Sub-element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub-element. Co That the Planning Commission considered the project December 10, 2001. on D, Pursuant to Section 9272 of the Tustin Municipal Code, the Planning Commission 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 Commission has considered at least the following items' 1. Height, bulk, and area of buildings. 2. Setbacks and site planning. 3. Exterior materials and colors. 4. Type and pitch of roofs. 5. Size and spacing of windows, doors, and other openings. 6. Towers, chimneys, roof structures, flagpoles, radio and television antennae. 7. Location, height, and standards of exterior illumination. 8. Landscaping, parking area design, and traffic circulation. l0 14 l? 20 24 28 Resolution 3813 Page 2 E, F, G, H~ 9. Location and appearance of equipment located outside an enclosed structure. 10. Location and method of refuse storage. 11. Physical relationship of proposed structures to existing structures in the neighborhood. 12. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. 13. Proposed signage. 14. Development Guidelines and criteria as adopted by the City Council. The proposed project will not .have a negative effect on the surrounding properties in that the site layout and massing, scale, and architectural design of the propOsed building and site amenities are compatible with the setting and similar to other commercial uses in the area. That the establishment, maintenance, and operation of Conditional Use Permit 01-014 for a drive-through pharmacy 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 a detriment to the properly and improvements in the neighborhood of the subject property, nor to the general welfare of the City of Tustin as evidenced by the following findings. a) b) c) The proposed facility, as conditioned, would not be detrimental to, or have a negative effect on, surrounding properties in that the drive-through pharmacy is an ancillary use for the retail market and would provide a convenient service to the community. With the proposed access and queuing, the drive-through pharmacy is adequately designed to accommodate the proposed use without blocking on-site and off-site traffic. As conditioned, the drive-through lanes are required to operate in accordance with the City's Noise Ordinance to minimize disturbance to surrounding uses. That Planning Commission has approved a Final Mitigated Negative Declaration for the project in conformance with the requirements of the California Environmental Quality Act. That the project has been reviewed for compliance with the Americans with Disabilities Act of 1990, and it has been determined 10 12 14 17 19 20 2! 22 23 24 25 26 2'7 28 29 Resolution 3813 Page 3 !1. that dedications of right-of-way to accommodate a four (4) foot wide sidewalk behind the drive aprons are necessary for compliance with the requirements of ADA. Also, the maximum cross slope of the sidewalk shall be two percent and the maximum ramp slope of the drive apron shall be ten percent. This will require dedication of additional right-of-way to accommodate the sidewalk. The Planning commission hereby approves Design Review 01-018, Conditional Use Permit 01-014, and an amendment to Conditional Use Permit 91-032 authorizing development of retail market and pharmacy with drive-through lanes and an amendment to Conditional Use Permit 91-032 for the recycling center at 13270 Newport Avenue, subject to conditions contained in Exhibit A attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 10th day of December, 2001. '/ /,E'E-~LIE A. PO IOUS 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 Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3813 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 10th day of December, 2001. E-I_IZABi~T-~ A-~ BINS'ACK Planning Commission Secretary (1) (1) (1) (1) EXHIBIT A CONDITIONS OF APPROVAL DESIGN REVIEW 01-018, CONDITIONAL USE PERMIT 01-014, AND AMENDMENT TO CONDITIONAL USE PERMIT 91-032 DECEMBER 10, 2001 GENERAL , 1.1 1.2 The proposed use shall substantially Conform with the submitted plans for the project date stamped December 10, 2001, on file with the Community Development Department, except as herein modified, or as modified by the 'Director of Community Development in accordance with this Exhibit. The Director of Community Development may also approve minor modifications to plans during plan check if such modifications are to be consistent with the provisions of the Tustin City Code and other applicable codes. 1.3 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified or prior to the issuance of any grading or building permits for the project, subject to review and approval by the Community Development Department. 1.4 Approval of Design Review 01-018 and Conditional Use Permit 01-014 will become null and void in the event that City Council does not approve Tentative Parcel Map 2001-147. 1.5 The subject project approval shall become null and void unless permits for the proposed project are issued and substantial construction is underway within twelve (12) months of the date of this Exhibit. Time extensions may be considered if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.6 Approval of Design Review 01-018 and Conditional Use Permit 01-014 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. The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of a challenge of the City's approval of this project. SOURCE CODES (1) sTANDARD CONDITION ($) (2) CEQA MITIGATION (6) (3) UNIFORM BUILDING CODEIS (7) (4) DESIGN REVIEW *** RESPONSIBLE AGENCY REQUIREMENT LANDSCAPING GUIDELINES PC/CC POLICY EXCEPTION Exhibit A - Resolution 3813 DR 01-018 and CUP 01-'014 Page 2 (*) 1.7 Prior to issuance of building permits, Tentative Parcel Map 2001-147 shall be approved by the City Council and Final Parcel Map 2001-147 shall be recorded with the County RecordedClerk pursuant to the requirements of Resolution No. 3812, unless the Director of Community Development allows Final Parcel Map 2001-147 to be recorded prior to issuance of a Certificate of Use and Occupancy for the new building. (*) .8 All conditions of approval of Resolution No. 3812 shall be complied with prior to issuance of building permits. (1> 1.9 Any violation of any of the conditions imposed is subject to the imposition of a civil penalty of $100.00 for each violation and each day the violation exists. The applicant shall be responsible and agrees to pay for costs associated with any necessary code enforcement action. PLAN SUBMITTAL <1) 2.1 At the time of building permit application, the plans shall comply with the 1998 California Building Code (CBC), 1998 California Mechanical Code (CMC), 1998 California Plumbing Codes (CPC), 1998 California Electrical Code (CEC), California Title 24 Accessibility Regulations, Title 24 Energy Regulations, City Ordinances, and State and Federal laws and regulations. (3) 2.2 Building plan check submittal shall include the following' · Seven (7) sets of construction plans, including drawings for mechanical, plumbing, and electrical. · Two (2) sets of structural calculations. · Two (2) sets of Title 24 energy calculations. · Elevations that include all proposed dimensions, materials, colors, finishes, and partial outlines of adjacent buildings on-site and off-site where applicable. · Note on plans that no field changes shall be made without prior approval from the Building Official and architect or engineer of record. <1) 2.3 In accordance with the City's Security Ordinance, all lighting shall be developed to provide a minimum of one (1) foot-candle of light coverage. The lighting adjacent to Newport Avenue shall be increased to a minimum of one (1) foot-candle of light. Provide details and location of the proposed lighting fixtures. All 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. Exhibit A- Resolution 3813 DR 01-018 and CUP 01-014 Page 3 Wall-mounted fixtures shall be directed at a 90-degree angle directly toward the ground. (4) 2.4 Any rooftop equipment, including vents and exhausts, shall comply with the City of Tustin Noise Ordinance and shall be installed six (6) inches below the parapet to ensure the equipment is not visible from public right- of-way view. 5) 2.5 Prior to permit issuance, clearances from the Orange County Health Department and Orange County Fire Authority will be required. (3) 2.6 Vehicle parking, primary entrance to the building, the primary paths of travel, cashier space, sanitary facilities, drinking fountain, and public telephones shall be accessible to persons with disabilities. (3) 2.7 Parking for disabled persons shall be provided with an additional five (5) foot loading area with striping and ramp; disabled persons shall be able to park and access the building without passing behind another car. At least one (1) accessible space shall be van accessible served by a minimum 96- inch-wide loading area. (3) 2.8 Three (3) inch striping detail shall be shown for all parking spaces. Handicapped markings shall be provided on the designated accessible parking space. , (1) 2.9 Provide area analysis for all buildings and show compliance with allowable floor areas based on 1998 California Building Code Chapter 5, Table 5-B. (1) 2.10 Seven (7) sets of final grading plans consistent with the site and landscaping plans as prepared by a registered civil engineer shall be submitted and shall include the following'. Technical details and plans for all utility installations including telephone, gas, water, and electricity. Three (3) copies of precise soil report provided by a civil engineer and less than one (1) year old. Expanded information regarding the levels of hydrocarbons and ground water contamination found on- site shall be provided in the soil report. All pavement "R" values shall be in accordance with applicable City of Tustin standards. Evidence that all site drainage shall be handled on-site and shall not be permitted to drain onto adjacent properties. Evidence that drainage, vegetation, on-site circulation, street sections, curbs, gutters, sidewalks, and storm drains comply with the on-site Private Improvement Standards. Two (2) copies of the Hydrology Report. Exhibit A- Resolution 3813 DR 01-018 and CUP 01-014 Page 4 (1) 2.11 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) 2.12 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) 2.13 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 Building Official for determination of the bond amount. (5) 2.14 Submit information to ensure compliance with requirements of the Orange County Fire Authority, including fire flow and installation of fire hydrants subject to approval of the City of Tustin Public Works. (1) 2.15 A note shall be provided on final plans that a six (6) foot high chain link fence shall be installed around the site prior to building construction stages. A nylon fabric or mesh shall be attached to the temporary construction fencing. Gated entrances shall be permitted along the perimeter of the site for construction vehicles. (1) 2.16 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. The numerals shall be no fewer 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. 2.17 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) 2.18 All cooking and exhaust equipment shall utilize Best Available Control Techniques in accordance with Air Quality Management District standards to minimize smoke, odor, and participate emissions. (1) 2.19 All grading, drainage, vegetation and circulation shall comply with the City of Tustin Grading Manual. All construction activity shall comply with the Tustin Grading Manual which requires frequent watering of the project site to control dust. All street sections, curbs, gutters, sidewalks, lighting, and storm drain shall comply with on-site improvement standards. Any deviations shall be brought to the attention of the Building Official and request for approval shall be submitted in writing prior to any approval. Exhibit A - Resolution 3813 DR 01-018 and CUP 01-014 Page 5 ARCHITECTURE (4) 3.1 All exterior colors shall be subject to review and approval by the Community Development Department. Sufficient articulation and quality materials should be used to articulate the intent of the design depicted on the elevations. All exterior treatments must be coordinated with regard to color, materials, and detailing and noted on all construction plans and elevations submitted for Building Permit Plan Check. (4) 3,2 Provide exact details of the exterior door and window types on the construction plans. (4) 3.3 All ground- and wall-mounted mechanical and electrical fixtures and equipment shall be adequately and decoratively screened. The screen shall be considered as an element of the overall design of the project and shall blend with the architectural design of the building. All telephone and electrical boxes shall be indicated on the building plans and shall be completely screened. Electrical transformers shall be located toward the interior of the project, maintaining sufficient distance to minimize visual impacts from the public' right-of-way. (4) 3.4 All exposed metal flashing or trim shall be painted to match the building. (4) 3.5 No exterior down spouts or roof scuppers shall be permitted. All roof drains shall utilize interior piping, but may have exterior outlets at base of buildings. (4) 3.6 A protective graffiti resistant finish shall be applied on all elevations of the proposed structure, subject to review and approval by the Community Development Department. (4) 3.7 In addition to the trash enclosure, an adequate number of trash receptacles to serve the clientele and employees shall be provided outside of the building. The design of the outdoor trash receptacles and other fixtures shall be compatible with the design elements of the other exterior fixtures of'the subject development. (4) 3.8 If feasible and all roof-top equipment can be screened, the building height shall be reduced by four (4) feet. LANDSCAPING , (1). 4.1 Complete landscape and irrigation plans that comply with the City of Tustin Landscape and Irrigation Guidelines shall be submitted at final plan check. Exhibit A - Resolution 3813 DR 01-018 and CUP 01-014 Page 6 (1) 4.2 (1) 4.3 (1) 4.4 (1) 4.5 (1) 4.6 (1) 4.7 (4) 4.8 (4) 4.9 SIGNS An irrigation plan should be provided which shows the location and control of backflow prevention devices at the meter, pipe size, sprinkler type, spacing, and coverage details for all equipment. 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. The landscape materials shall not conflict with the visual clearance requirements of any existing or new driveway approaches. The site shall be landscaped consistent with the City's Landscaping and Irrigation Guidelines. A minimum of five (5) percent of the parking area shall be landscaped with a minimum of six (6) 36-inch box trees planted adjacent to Newport Avenue. Landscaping shall consist of a combination of berming and sufficient numbers of shrubs and trees to provide adequate screening, subject to the satisfaction of the Community Development Director. 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. A minimum of twelve (12) trees shall be provided along the easterly property line. Size and species of the trees are subject to approval of the Community Development Department. The trees shall be adequately watered and maintained for healthy groWth. Four (4) additional $6-inch box Brazilian Pepper trees shall be provided along Newport Avenue. Decorative pavers shall be installed along the driveway approach from Newport Avenue where they will not interfere with underground traffic control and vehicle count devices. (1) 5.1 Ail wall-mounted signs and monument signs shall meet the requirements of the Tustin Sign Code as they pertain to commercial properties. A detailed sign plan including the sign area, materials, colors, specifications and installation details shall be submitted for review and approval of the Community Development Department. Exhibit A- Resolution 3813 DR 01-018 and CUP 01-014 Page 7 (1) $.2 USE No sign component shall flash, blink, or be otherwise animated. animation is strictly prohibited. Such (1) (1) (1) (1) (1) (1) (1) 6.1 6.2 6.3 6.4 6.5 6,6 6,7 6.8 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. All building locking devices on the premises requirements of the City's Security Ordinance. shall meet these The drive-through facility shall be limited to a pharmacy. Any other accessory uses or services shall be prohibited unless an amendment to this Conditional Use Permit specifically authorizing the desired service is approved by the Planning Commission. If, in the future the City determines that parking, traffic, or noise problems exist on the site or in the vicinity as a result of the pharmacy use operating outside the scope of CUP 01-014 or the Tustin City Code, the Community Development Director may initiate revocation of CUP 01-014 or require the applicant/property owner to prepare an analysis and bear all associated costs. If the study indicates that the use is not in compliance with the Tustin City Code or that there is a parking, traffic, or noise impact, the applicant/property owner shall be required to provide mitigation measures to be reviewed and approved by the Planning Commission. Intercom speaker boxes for the drive-through requirements of the Noise Ordinance. lanes shall meet the All business activities, sales, displays, or other activities conducted entirely within the subject building. shall be Outside storage or display of merchandise is prohibited, except as authorized by the Community Development Director. Any free-standing vending machines such as, but not limited to, beverage or soda, candy machines, magazine racks, water dispensers, and any other retail product should be located within the building interior. Exhibit A- Resolution 3813 DR 01-018 and CUP 01-014 Page 8 (1) 6.9 Exterior public pay telephones shall be prohibited, and interior public pay telephones shall be programmed to prevent incoming calls. (1) 6.10 No more than four (4) video arcade games, virtual reality, or coin/token- operated games may be located on the interior of the premises without obtaining required approvals by the City of Tustin. (1) 6.11 The recycling center shall be limited to the areas noted on the northeast corner of the parking lot. Any changes to the area, and operation of the recycling center would require an amendment to the conditional use permit. (1) 6.12 The applicant shall ensure .that the trash monitored during all business hours. enclosure is secured or (1) 6.13 The applicant shall ensure that truck noise is limited to the greatest extent feasible. (1) 6.14 The applicant shall be responsible for continuous shopping cart collection to ensure that there are no stray shopping carts on the site and in the vicinity of the project (referred. to as proposed Condition 7.3 during the public hearing). (1) 6.15 The applicant shall consider the feasibility of a reverse vending recycling center integrated with the Albertsons building subject to approval of the Community Development Department. The recycling center shall be maintained on a continuous basis (referred to as proposed Condition 7.4 during the public hearing). 6.16 Other than loading and unloading, no parking or storage of large trucks or trailers shall be permitted (referred to as proposed Condition 7.5 during the public hearing). (1) 6.17 The operation of the drive though window shall be limited to the hours of 7:00 a.m. to 10'00 p.m. (referred to as proposed Condition 7.6 during the public hearing). 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 satisfaction of the Building Official. Exhibit A - Resolution 3813 DR 01-018 and CUP 01-014 Page 9 WATER QUALITY (1) 8.1 Prior to issuance of grading permits, the applicant shall obtain approval of the Community Development and Public Works Departments for 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 which will be implemented on this project and shall detail the 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. The property owner and applicant shall be responsible for implementing the provisions of the WQMP on an ongoing, permanent basis. (1) 8.2 Prior to submittal of a Water Quality Management Plan (WQMP), the applicant shall submit a deposit of $2,500.00 for the estimated costs 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 and pay for any additional review costs that exceed the deposit prior to issuance of grading permits. Any unused portion of the deposit shall be refunded to the applicant. (1) 8.3 Prior to issuance of any permits, the property owner shall record a "Notice of Water Quality Management Plan (WQMP)" with the County-Clerk Recorder on a form provided by the Community Development Department to inform future property owners of the requirement to implement the approved WQMP. (1) 8.4 Prior to the issuance of any permits, the property owner and applicant shall provide written consent and authorization to enter the property for the purpose of conducting compliance assessments. An authorized inspector may inspect the property for the purpose of verifying compliance with Chapter 4 of the Tustin City Code (Water Quality Ordinance) and verifying compliance with the approved Water Quality Management Plan. (1) 8.5 The Community Development and Public Works Departments shall determine whether any proposed change in use requires an amendment to an approved Water Quality Management Plan. (1) 8.6 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. Exhibit A- Resolution 3813 DR 01-018 and CUP 01-014 Page 10 (1) 8.7 (1) 8.8 Discharges of material other than stormwater 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 flakes 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 superchlorinated 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. An erosion and sedimentation control plan shall be submitted for review and approval to the Building Official prior to issuance of grading permits. A variety of best management practices including BMP Nos. 1, 10, and 12 through 24, as identified in the City's Best Management Practices Handbook and devices such as desilting basins, check dams, cribbing, rip rap, watering, and other methods shall be included on the plan, implemented, and maintained on an ongoing basis to control water and wind-related erosion and prevent sedimentation from entering the storm drain system, adjacent properties, or rights-of-way. A variety of best management practices including BMP Nos. 1, 3 through 9, 11 through 15, 18 and 24, as identified in the City's Best Management Practices Handbook shall be implemented on an ongoing basis during construction to protect surface waters and prevent wastes or pollutants from moving off-site during a storm. Potential pollutants include, but are not limited to, paints, stains, sealants, glues, fuels, oils, lubricants, fertilizers, etc. Disposal of such materials shall occur in a specified and' controlled temporary area on-site, physically separated from potential Exhibit A - Resolution 3813 DR 01-018 and CUP 01-014 Page 11 storm water run-off, with ultimate disposal in accordance with local, State, and Federal regulations. (1) 8.9 Prior to issuance of grading permits, the applicant shall post with the Community Development Department a minimum $2,500 cash deposit or letter of credit to guarantee the sweeping of streets and clean-up of · streets affected by construction activities. In the event this deposit is depleted prior to completion of development, an additional incremental deposit will be required. (1) 8.10 Earth, sand, gravel, rock, stone, or other excavated material or debris may not be deposited or moved so as to cause the same to be deposited upon or roll, blow, flow, or wash upon or over any public place or right-of-way or the premises of another without the express written consent of the owner. (1) 8.11 When loading or transporting any earth, sand, ground, rock, stone, or other excavated material or debris, such material shall be prevented from blowing or spilling onto the public right-of-way or adjacent private property. The applicant shall be responsible for maintaining public rights-of-way in a condition reasonably free of dust, earth, or debris attributed to the grading operation. If any debris is deposited within the right-of-way or adjacent property, the applicant shall be responsible for removing the material immediately. ENGINEERING (1) 9.1 A separate 24-inch by 36-inch street improvement plan, as prepared by a California Registered Civil Engineer, will. be required for' all construction within the public right-of-way. Construction and/or replacement of any missing or damaged public improvements will be required adjacent to this development. Said plan shall include, but not be limited to, the following: · Curb and gutter; · Sidewalk, including curb ramps for the physically disabled; · Drive aprons; · Signing/striping plan; · Street paving; · Street lighting; and, · Traffic signal plan. In addition, a 24-inch by 36-inch reproducible construction area traffic control plan, as prepared by a California Registered Traffic Engineer or Civil Engineer experienced in this type of plan preparation, will be required. Exhibit A - Resolution 3813 DR 01-018 and CUP 01-014 Page 12 (1) 9.2 A complete hydrology study and hydraulic calculations shall be submitted for review and approval by the City to confirm a connection to the El Modena/Irvine Channel. (1) 9.3 Preparation and submittal of a final grading plan showing all pertinent elevations as they pertain to the public right-of-way along with delineating the following information' · Final street elevations at key locations. · Final pad/finished floor elevations and key elevations for all site' grading. All pad elevations to be a minimum of 1.0 foot above base flood elevation as defined by FEMA. · All flood hazards of record. 9.4 Existing sewer, domestic water, reclaimed water, and storm drain service laterals shall be utilized whenever possible. (1) 9.5 Any damage done to existing street improvements and utilities shall be repaired before issuance of a Certificate of Occupancy for the development. (1) 9.6 Prior to any work in' the public right-of-way, an Encroachment Permit must be obtained from and applicable fees paid to the Public Works Department. (1) 9.7 All required modifications to the existing traffic signal at Newport Avenue and Holt Avenue will be the responsibility of the developer, including installation of loop detectors at the entrance street. All modifications shall be shown on a duplicate mylar of the existing traffic signal plan and the modifications shall be prepared by a California Registered Civil Engineer. (1) 9.8 A traffic signal equipment and maintenance easement will be required for vehicle detectors at the entrance of Newport Avenue/Holt Avenue. (1) 9.9 The developer will be responsible for any traffic signing and/or striping along Newport Avenue which will be required as a result of this development. A 24-inch by 36-inch reproducible signing and striping plan will be required and said plan shall be prepared by a California Registered Civil Engineer. '(1) 9.10 In addition to the normal full-size plan submittal process, all final development plans including, but not limited to, 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 (CADD) format. The Exhibit A - Resolution 3813 DR 01-018 and CUP 01-014 Page 13 standard file format is AutoCAD Release 13 or 14 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 14. Drawings created in AutoCAD Release 13 or Release 12 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) 9.11 All Tustin Water Service (TWS) domestic and irrigation meters shall be located within the City street right-of-way or in an easement approved and dedicated to TWS. Both shall be sized according to the fixture-unit.count of the latest edition of the Uniform Plumbing Code. (1) 9.12 On-site fire protection (fire hydrants, building sprinkler system, fire vault/connections, etc.) shall conform to TWS and Orange County Fire Authority standards. This fire service line shall have an approved double check detector backflow device at the City connection and be located within the street right-of-way or in an easement approved and dedicated to TWS. (1) 9.13 Current Federal Americans with Disabilities Act (ADA) requirements will need to be met at the drive aprons. This will require construction of a minimum four (4) foot wide sidewalk behind the drive apron. The maximum cross slope of the sidewalk shall be two percent and the maximum ramp slope of the drive apron shall be ten percent. This will require dedication of additional right-of-way to accommodate the sidewalk construction. A legal description and sketch of the dedication area, as prepared by a California Registered Civil Engineer and/or California Licensed Land Surveyor, shall be submitted to the Engineering Division for review and approval. (1) 9.14 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 during construction and operation. Exhibit A - Resolution 3813 DR 01-018 and CUP 01-014 Page 14 FIRE (1) 10.1 (1) 10.2 (1) 10.3 (1) 10.4 (1) 10.5 (1) 10.6 (1) '10.7 Prior to the issuance of building permits, the applicant shall submit to the Fire Chief evidence of the on-site fire hydrant system and indicate whether it is public or private. If the system is private, the system shall be reviewed and approved by the Fire Chief prior to issuance of a building permit. The applicant shall make provisions for the repair and maintenance of the system in a manner meeting the approval of the Fire Chief. Prior to occupancy, all fire hydrants shall have a blue reflective pavement marker indicating the hydrant location on the street or drive per the Orange 'County Fire Authority Standard as approved by the Fire Chief. These markers are to be maintained in good condition by the property owner. Prior to the issuance of 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 for approval to the Orange County Fire Authority. Prior to the issuance of building permits, the applicant shall submit plans for the required automatic fire sprinkler system in the structure to the OCFA for review and approval. Prior to occupancy, this system shall be operational in a manner meeting the approval of the Fire Chief. Prior to the issuance of any grading permits, the applicant shall submit and obtain approval of plans for all drives, private and public, from the Fire Chief in consultation with City staff. The plans shall include the plan view, sectional view, and indicate the grade and width of the drive measured flow line to flow line. All proposed fire apparatus turnarounds shall be approved by the Fire Chief and, if needed, clearly marked when a dead end exceeds 150 feet or when otherwise'required. Approved documents shall contain provisions which prohibit obstructions, such as speed bumps/humps, or other modifications within said easement or access lane unless prior approval of the Fire Chief is granted. Prior to the issuance of building permits, the applicant shall submit plans and obtain approval from the Fire Chief for fire lanes on required fire access drives less than 36 feet in width. The plans shall indicate the locations of red curbing and signage. A drawing of the proposed signage with the height, stroke, and color of lettering and the contrasting background color shall be submitted to and approved by the Fire Chief. Prior to occupancy, the fire lanes shall be installed in accordance with the approved fire lane plan. Approved documents shall contain a fire lane Exhibit A - Resolution 3813 DR 01-018 and CUP 01-014 Page 15 map and provisions which prohibit parking in the fire lanes. The method of enforcement shall be documented. (1) t0.8 Prior to the issuance of building permits for combustible construction, the builder shall submit a letter on company letterhead stating that water for firefighting purposes and the all weather fire protection access roads shall be in place and operational before any combustible material is placed on- site. Approval shall be subject to an on-site inspection prior to the issuance of building permits. 10.9 Prior to the issuance of building permits, the applicant shall submit to the Fire Chief a list of the quantities of all hazardous, flammable and combustible materials, liquids, or gases to be stored, used, or handled on- site. These liquids and materials shall be classified according to the Uniform Fire Code using the "Guideline for Completing Chemical Classification Packets." The submittal shall provide a summary sheet listing each hazard class, the total quantity of chemicals stored per class, and the total quantity of chemicals used in that class. All forms of materials are to be converted to units of measure in pounds, gallons, and cubic feet. (1) 10.10 Prior to the issuance of building permits, the applicant shall contact the County Fire Authority Hazardous Materials Services Section at (714) 744- 0463 to obtain a "Hazardous Materials Disclosure Chemical Inventory and Business Emergency Plan" packet. This shall be completed and submitted to the Fire Chief prior to the issuance of building permits. (1) 10.11 Prior to the issuance of building permits, plans for an approved fire- suppression system for the protection of commercial-type cooking equipment shall be submitted to the Fire Chief for review and approval. This system shall be operational prior to occupancy. FEES 11.1 Prior to issuance of any building permits, payment shall be made of ali applicable fees, including but not limited to, the following. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. A. Building plan check and permit fees to the. Community Development Department based on the most current schedule. B. Orange County Fire Authority plan check and inspection fees to the Community Development Department based upon the most current schedule. Exhibit A - Resolution 3813 DR 01-018 and CUP 01-014 Page 16 Co New development fees in the amount of $.10 per square foot of fl°or area to the Community Development Department. D, Transportation System Improvement Program (TSIP), Benefit Area "A" fees in the amount of $5.53 per square foot of new or added gross square floor area of construction or improvements to the Community Development Department. Bo Payment of the Major Thoroughfare and Bridge Fees to the Tustin Public Works Department at the time a building permit is issued. The current fee is $3.23 per square foot after July 1, 2001, and will apply to the increase in building square footage over what is. existing at the present. F, Payment of the Orange County Sanitation District No. 7 Sewer Connection Fees at the time a building permit is issued. The current fee is $1,600.00/1000 square foot of building area and will apply to the increase in building square footage over what is existing at the present. O. School facilities fees of $.33 per square foot of new or added gross square floor area of construction or improvements to the Tustin Unified School District. (1) 11.2 Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of $43.00 (forty-three dollars) to enable the City to file the appr°priate 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.