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HomeMy WebLinkAboutPC RES 3824 RESOLUTION NO. 3824 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING DESIGN REVIEW 01-036 FOR CONSTRUCTION OF A 16,000 SQUARE FOOT FURNITURE RETAIL BUILDING FOR: ETHAN ALLEN WITHIN THE MARKET PLACE AT 2996 EL CAMINO REAL. The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application for Design Review 01-036 was filed by Martin Pot-ts & Associates on behalf of The Irvine Company requesting approval to construct a 16,000 square foot retail furniture store within The Market Place. B. The proposed project is consistent with the policies of the General Plan land use designation "Planned Community Commercial/Business" which provides policies and guidelines for commercial development and complies with the Mixed Used Land Use Designation of the East Tustin Specific Plan regulations and development standards. In addition, the project has been reviewed for consistency with the Air Quality Sub-element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub-element. C. That the Planning Commission considered the project on March 11, 2002. 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. Extedor 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. 9. Location and appearance of equipment located outside an enclosed structure. 10. Location and method of refuse storage. Resolution 3824 Page 2 11. 12. 13. 14. Development Guidelines and criteria as adopted Council. Physical relationship of proposed structures to existing structures in the neighborhood. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. Proposed signage. by the City The proposed project will not have a negative effect on the surrounding properties in that the building location, massing, scale, and architectural design and site amenities are compatible with the setting and similar to other commercial uses in the area. That the Planning Commission has approved a Final Mitigated Negative Declaration for the project in conformance with the requirements of the California Environmental Quality Act by adopting Resolution No. 3823. II. The Planning Commission hereby approves Design Review 01-036 authorizing development of a 16,000 square feet retail furniture store at 2996 El Camino Real, subject to conditions contained in Exhibit A attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 11th day of March, 2002 DOUgLAS~ S. /DAqERT  Chairperson ELIZABETH A. BINSACK Planning Commission Secretary Planning 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. 3824 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 11th day of March, 2002. ELIZABETH A. BINSACK Planning Commission Secretary (1) (1) (1) (1) GENERAL EXHIBIT A CONDITIONS OF APPROVAL DESIGN REVIEW 01-036 MARCH 11, 2002 1.1 1.2 The proposed project shall substantially conform with the submitted plans for the project date stamped March 11, 2002, 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 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) 1.5 Approval of Design Review 01-036 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. As a condition of approval of Design Review 01-036, the applicant shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third-party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision-making body, including staff, concerning this project. The City agrees to promptly notify the applicant of any such claim or action filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in defense of any such action under this condition. SOURCE CODES (1) (2) (3) (4) STANDARD CONDITION CEQA MITIGATION UNIFORM BUILDING CODEIS DESIGN REVIEW (7) ($) (6) RESPONSIBLE AGENCY REQUIREMENT LANDSCAPING GUIDELINES PC/CC POLICY EXCEPTION Exhibit A - Resolution 3824 DR 01-036 Page 2 (*) 1.6 Prior to issuance of building permits a lot line adjustment for Lots 8, 9, and 11 shall be approved and recorded for development of the furniture store. In addition, a covenant shall be recorded for Lot 9 to ensure that it would be used for the purpose of common parking, ingress, egress, and utilities. The covenant may be removed by mutual agreement of the City of Tustin and the property owner if additional entitlement for the center is granted or existing entitlement is allocated to Lot 9 by the City of Tustin. (1) 1.7 Any violation of any of the conditions imposed is subject to the payment of a civil penalty of $100.00 for each violation, or such other amounts as the City Council may establish by ordinance or resolution, and for each day the violation exists, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. (1) The applicant shall be responsible for costs associated with any necessary code enforcement, action, including attorneys fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. 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. 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. Wall-mounted fixtures shall be directed at a 90-degree angle directly toward the ground. Exhibit A - Resolution 3824 DR 01-036 Page 3 (4) 2.4 (3) 2.5 (3) 2.6 (3) 2.7 (1) 2.8 (1) 2.9 (1) 2.10 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. 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. 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. Three (3) inch striping detail shall be shown for all parking spaces. Handicapped markings shall be provided on the designated accessible parking space. Provide area analysis for all buildings and show compliance with allowable floor areas based on 1998 California Building Code Chapter 5, Table 5-B. 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, if applicable, 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. 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. Exhibit A- Resolution 3824 DR 01-036 Page 4 (1) 2,11 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) 2.12 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) 2.13 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) 2.14 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) 2.15 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. (1) 2.16 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. (1) 2.17 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. (1) 2.18 Individual trash can service may be provided on the site provided that such service is acceptable in writing by Federal Disposal Services. In the event that trash bin service is requested either at this time or in the future by Federal Disposal Services, a trash bin with surrounding enclosure shall be located on the property and maintained to avoid health issues for neighboring commercial and residential areas. An adequate size trash enclosure with solid metal, self-closing, self-latching gates shall be provided. Exhibit A - Resolution 3824 DR 01-036 Page 5 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 actual location of the enclosure and types of screening and details of the enclosure shall be submitted at building plan check and are subject to approval by the Community Development Department. The location of the bin, size, and quantity shall be reviewed and accepted in writing by Federal Disposal. (*) 2.19 Construction activity dust generation shall be reduced through regular watering as required by the SCAQMD Rule 403 (Mitigation Measure 3.11.3 of EIR 85-2). (*) 2.20 Removal of culluvium, alluvium, topsoil, landslide debris, and artificial fill to suitable foundation earth materials will be required prior to placement of fill-in areas where these deposits occur. Specific grading recommendations for removal depths will be determined as part of detailed geotechnical studies. Detailed geotechnical and soils engineering reports and plans will be prepared subsequent to development of preliminary design layouts and final grading plans. This report will provide further, more detailed measures for treatment of excavation (ripping) difficulties, surficial material removals, cut and fill slopes, expansive soils, faults, and liquefaction hazards (influencing the design of roadway stream crossings). All structures will be designed in accordance with seismic design provisions of the Uniform Building Codes to promote safety in the event of an earthquake. Erosion potential can be reduced by utilizing rapid developing planting techniques (e.g., hydroseeding), replacement with cohesive soils not subject to erosion, and construction of terrace drain systems (Mitigation Measure 3.2.3 of EIR 85-2) ARCHITECTURE (4) 3.1 All exterior colors shall be consistent with the approved colors. Compliance shall be subject to review and approval by the Community Development Department at final inspection. 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. Exhibit A - Resolution 3824 DR 01-036 Page 6 (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. LANDSCAPING (1) 4.1 (1) 4.2 (1) 4.3 Complete landscape and irrigation plans that comply with the City of Tustin Landscape and Irrigation Guidelines shall be submitted at final plan check. 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. Install efficient irrigation systems which minimize runoff and evaporation and maximize the amount of water which will reach the plant roots. Drip irrigation, soil moisture sensors, and automatic irrigation systems are a few methods of increasing irrigation efficiency (Mitigation Measure 3.13.6 of EIR 85-2). 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. Unhealthy or dead trees shall be replaced within seventy-two (72) hours upon notification by the City. (1) (1) 4.4 4.5 Eleven (11) existing date palms shall be relocated to the south and west side of the building. Six (6), 36-inch box carrot wood trees and four (4), 36-inch box bamboo trees shall be planted along the east and north of the site. All trees and landscaping including relocated trees within the site and the perimeter of the site shall be maintained in a healthy and vigorous condition. (*) 4.6 Low water-consuming plants shall be used for landscaping wherever feasible. Mulch shall be used extensively, where feasible, in all Exhibit A - Resolution 3824 DR 01-036 Page 7 landscaped areas. Since mulch applied to topsoil will improve the water- holding capacity of the soil by reducing evaporation and soil compaction (Mitigation Measure 3.13.6 of FIR 85-2). SIGNS (1) 5.1 All wall-mounted signs and monument signs shall meet the requirements of the Master Sign Plan of The Market Place. 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 or shall be included in the building plans. (1) 5.2 No sign component shall flash, blink, or be otherwise animated. Such animation is strictly prohibited. (1) 5.3 Flickering bulbs, burned out bulbs, and/or broken lights shall be repaired in a period not to exceed 48 hours from the time it is noticed. The entire sign shall not be illuminated until all repairs have been made. (*) 5.4 Traffic control measures or signs shall be installed along the north side of the building to discourage stopping in the drive aisle, subject to review and approval of the City's Traffic Engineer. USE (1) 6.1 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. (1) 6.2 The proposed furniture store shall operate as a show room with limited warehouse area. Truck deliveries to the site shall be limited to non-peak hours of the retail center. No deliveries shall be scheduled for weekdays from 12:00 noon to 3:00 p.m. and Saturdays from 12:00 noon to 6:00 p.m. (1) 6,3 All building locking devices on the premises shall meet the requirements of the City's Security Ordinance. (1) 6.4 If, in the future the City determines that parking or traffic problems exist on the site or in the vicinity as a result of the furniture store, the Community Development Director may 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 East Tustin Specific Plan or that there is a Exhibit A - Resolution 3824 DR 01-036 Page 8 parking or traffic impact, the applicant/property owner shall be required to provide mitigation measures to be reviewed and approved. (*) 6.5 Prior to issuance of a building permit, the applicant shall submit a revised Site Plan and a Parking Demand Analysis indicating the correct number of parking stalls located within The Market Place that are located on private property. Sixteen (16) of the parking stalls indicated are within the Future Myford Road right-of-way and shall be removed. (1) 6,6 All business activities, sales, displays, or other activities shall be conducted entirely within the subject building. (1) 6.7 Outside storage or display of merchandise is prohibited, except as authorized by the Community Development Director. (*) 6.8 The project sponsor shall work closely with the police department to ensure that adequate security precautions are implemented in the project. The provisions of adequate security precautions include construction phases of the project. Such security could include construction fences and private security patrol. Police services to the development will be enhanced through the provisions of adequate street lighting, clearly marked street names and building numbers, and security (Mitigation Measure 3.13.1 of EIR 85-2). 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. 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 Exhibit A - Resolution 3824 DR 01-036 Page 9 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 $2,500.00 for the estimated costs of review of the WQMP to the Building Division. The actual costs shall be deducted from the deposit, and the applicant shall be responsible for and pay for any additional review costs that exceed the deposit prior to issuance of grading permits. Any unused portion of the deposit shall be refunded to the applicant. (1) 8,3 Prior to issuance of any permits, the property owner shall record a "Notice of Water Quality Management Plan (WQMP)" with the County-Clerk Recorder on a form provided by the Community Development Department to inform future property owners of the requirement to implement the approved WQMP. (1) 8,4 Prior to the issuance of any permits, the property owner and applicant shall provide written consent and authorization to enter the property for the purpose of conducting compliance assessments. An authorized inspector may inspect the property for the purpose of verifying compliance with Chapter 4 of the Tustin City Code (Water Quality Ordinance) and verifying compliance with the approved Water Quality Management Plan. (1) 8.$ 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. 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 Exhibit A - Resolution 3824 DR 01-036 Page 10 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. (1) 8,?' 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 (Mitigation Measure 3.3.3 EIR 85-2). Erosion control measures will be developed and incorporated into final grading plans for the project to minimize potential increases in erosion and sediment transport during the short-term construction phases. Such measures could include the timely seeding of graded slopes, scheduling major grading phases during the non-rainy season, and the use of temporary control measures, e.g., perimeter sandbagging. Said construction erosion and sediment control plans for minimizing construction erosion will be submitted to the City of Tustin for review and approval prior to issuance of grading permits. Development of appropriate pollution control plans (e.g., a street sweeping program, periodic storm drain system cleaning, and developing landscape plans which control the use of fertilizer and pesticides) will be considered as means of reducing long-term water quality impacts. Long- term erosion and sediment control within proposed development areas will be provided with the installation of downdrains, terrace drains, and brow ditches as necessary, and the continued maintenance of slope vegetation (Mitigation Measure 3.3.3 of EIR 85-2). (1) 8.8 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 Exhibit A - Resolution 3824 DR 01-036 Page 11 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 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. 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 Any damage done to existing public street improvements and utilities shall be repaired before issuance of a Certificate of Occupancy for the development. (1) 9,2 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 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 Exhibit A- Resolution 3824 DR 01-036 Page 12 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) 9.3 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) 9.4 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) 9.5 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. ORANGE COUNTY FIRE AUTHORITY (5) .to.1 (5) 10.2 Prior to the issuance of a building permit, the applicant shall submit a fire hydrant location plan to the Orange County Fire Authority for review and approval. If the system is private, it shall be reviewed and approved by the Orange County Fire Authority 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 Orange County Fire Authority. Please contact the Orange County Fire Authority at (714) 744- 0499 or visit the Orange County Fire Authority website for a copy of the "Guidelines for Private Hydrant and or Sprinkler Underground Piping" (Mitigation Measure 3.13.2 of EIR 85-2). Prior to the issuance of any certificate of use and occupancy, all fire hydrants shall have a blue reflective pavement marker indicating the hydrant location on the street as approved by the Orange County Fire Authority. The fire hydrant must be maintained in good condition by the property owner. Please contact the Orange County Fire Authority at (714) 744-0499 or visit the Orange County Fire Authority website for a copy of the "Guidelines for Installation of the Blue Dot Hydrant Markers." Exhibit A- Resolution 3824 DR 01-036 Page 13 (5) lo.3 (5) 10.4 (5) lo.5 (5) 10.6 (5) 10.7 (5) ,to.8 FEES Prior to the issuance of a grading permit or building permit, 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 a building permit, the applicant shall submit plans for the required automatic fire sprinkler system in the structure to the Orange County Fire Authority for review and approval. Please contact the Orange County Fire Authority at (714) 744-0499 to request a copy of the "Orange County Fire Authority Notes for New NFPA 13 Commercial Sprinkler Systems" (Mitigation Measure 3.13.2). Prior to the issuance of a certificate of use and occupancy, the fire sprinkler system shall be operational in a manner meeting the approval of the Orange County Fire Authority. Prior to the issuance of any grading permits, the applicant shall submit and obtain approval of the Orange County Fire Authority for all fire protection access roads to within 150 feet of all portions of the exterior of every structure on site. Please contact the Orange County Fire Authority at (714) 744-0499 or visit the Orange County Fire Authority website to obtain a copy of the "Guidelines for Emergency Access" (Mitigation Measure 3.13.2). Prior to the issuance of a building permit, the applicant shall submit plans and obtain approval from the Orange County Fire Authority 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 Orange County Fire Authority at (714) 744-0499 or visit the Orange County Fire Authority website to obtain a copy of the "Guidelines for Emergency Access Roadway and Fire land Requirements." Prior to the issuance of any certificate of use and occupancy, the fire lanes shall be installed in accordance with the approved fire lane plan. The approved documents shall contain a fire lane map, provisions which prohibit parking in the fire lanes, and a method of enforcement. (1) 11.1 Prior to issuance of any building permits, payment shall be made of all applicable fees, including but not limited to, the following fees. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. Exhibit A- Resolution 3824 DR 01-036 Page 14 (1) 11.2 a. Building plan check and permit fees to the Community Development Department based on the most current schedule. Orange County Fire Authority plan check and inspection fees to the Community Development Department based upon the most current schedule. c. New development fees in the amount of $.10 per square foot of floor area to the Community Development Department. do Major Thoroughfare and Bridge fees in effect at the time of the issuance of the building permit. The present fee is $5.56 per square feet of the building area. Additional Sewer Connection Fee may be required; please contact the Irvine Ranch Water District at (949) 453-5300 for payment of any additional Sewer Connection/Capacity Fee. School facilities fee to the Tustin Unified School District subject to any agreement reached and executed between the District and the applicant. The current fee for commercial development is $0.33 per square foot. 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 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.