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HomeMy WebLinkAboutPC RES 4168RESOLUTION NO. 4168 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 10-009 AND DESIGN REVIEW 10-018 FOR AUTHORIZATION TO CONSTRUCT AND OPERATE A 201- UNIT ASSISTED LIVING/CONGREGATE CARE FACILITY AGE RESTRICTED TO 62 YEARS OR OLDER AT 13841 RED HILL AVENUE. The Planning Commission does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That a proper application has been submitted by WASL Tustin Investors V, LLC to construct and operate a 201 unit age-restricted (62 years or older) assisted living/congregate care facility at 13841 Red Hill Avenue; B. That the General Plan Planned Community Commercial/Business land use designation provides for a variety of commercial and business 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. C. That pursuant to Sections 9232.b.24. and 9233.c.1. of the Tustin City Code, assisted living/congregate care facilities have been determined to be similar to rest homes which are conditionally permitted within the Central Commercial (C-2) zoning district. D. That on January 2, 2008, the City Council gave final approval of entitlements for the same project which included General Plan Amendment 07-001, Zone Change 07-002, Design Review 07-012, and Conditional Use Permit 07-011. On November 13, 2007, the Planning Commission adopted Resolution No. 4074 approving Design Review 07-012, and Conditional Use Permit 07-011. General Plan Amendment 07-001 and Zone Change 07- 002 are still in effect. Entitlements for Design Review 07-012 and Conditional Use Permit 07-011 expired on July 2, 2010 due to inactivity E. That a public hearing was duly called, noticed, and held for Conditional Use Permit 10-009 and Design Review 10-018 on January 25, 2011, by the Planning Commission. 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: Resolution No. 4168 Page 2 1) The proposed assisted living/congregate care facility has been determined to be similar to a rest home which is a conditionally permitted use pursuant to Sections 9232.b.24. and 9233.c.1. of the Tustin City Code. 2) The location of the proposed assisted living/congregate care facility is compatible with surrounding uses in that the use can be considered as quasi-commercial/residential facility consistent with the adjoining residential and commercial developments. 3) As conditioned, a covenant running with the land will be required to limit the use as an assisted living/congregate care facility for 62 years or older subject to providing certain senior services and limiting the number of residents who may have automobiles. 4) The proposed use is not anticipated to result in parking impacts since the parking analysis submitted for the proposed project concluded that there is adequate number of parking spaces and site amenities to accommodate the project. 5) The Traffic Engineering Division has reviewed the proposed project and has concluded that there will be no adverse traffic impacts, and there is sufficient street capacity to support the proposed project. G. 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 building -The facility offers various projections and changes in height to break up the massing of the structures. The inner courtyard provides secure open space for the residents. 2. Setbacks and site planning -The facility is separated from adjacent properties by a drive aisle which also serves as a fire lane. A substantial landscaped setback is provided from Red Hill Avenue and landscaping along the alley frontage. 3. Exterior materials and colors -Materials consist of stucco, the roofing, glazing and accent features most similar to the Mediterranean architectural tradition which can be found in other buildings within the City. 4. Type and pitch of roofs - A series of hipped roof towers adorned with the break up the flat roofing with parapet in order to create relief at the top of the building. Resolution No. 4168 Page 3 5. Size and spacing of windows, doors, and other openings -Fenestrations within the building have pattern to them and ensure that there are not large portions of blank wall on the building. 6. Towers, chimneys, roof structures - A series of towers are prevalent throughout the building and serve to create vertical interest and a skyline. 7. Location, height, and standards of exterior illumination -Illumination will be confined to the project site to avoid spillover onto adjacent properties. 8. Landscaping, parking area design, and traffic circulation - A traffic and parking study has been prepared for the project to evaluate potential impacts. A separate landscaping plan offers both courtyard landscaping as well as exterior landscaping visible to the public right-of--way. 9. Location and method of refuse storage -Refuse will be stored and accessed within the underground parking garage. Residents will use a system of chutes to dispose of waste and recyclables. 10. Physical relationship of proposed structures to existing structures in the neighborhood -The project site is along a commercial corridor and will offer a visual enhancement to the existing neighborhood. 11. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public ~' thoroughfares -The project is similar in massing to the recently completed cottages development around the corner on EI Camino Real. ~ 12. Development Guidelines and criteria as adopted by the City Council - The project is consistent with guidelines and criteria as adopted by the City Council. H. That a Mitigated Negative Declaration for the development of a 201 unit age restricted (62 years or older) assisted living/congregate care facility at 13841 Red Hill Avenue was certified and adopted by the Tustin City Council on December 4, 2007, through Resolution No. 07-93. Said Mitigated Negative Declaration evaluated the environmental impacts associated with General Plan Amendment 07-001, Zone Change 07-002, Design Review 07-012, and Conditional Use Permit 07-011. That the City prepared an Environmental Analysis Checklist attached hereto as Exhibit B, to evaluate the potential environmental impacts associated with Conditional Use Permit 10-009 and Design Review 10-018. The Environmental Analysis Checklist demonstrates that all potential impacts of the project were addressed by the previous certified Mitigated Negative Declaration and no additional impacts have been identified. II. The Planning Commission hereby approves Conditional Use Permit 10-009 and Design Review 10-018 authorizing the construction and operation of a 201 unit G age-restricted (62 years or older) assisted living/congregate care facility at 13841 Red Hill Avenue, subject to the conditions contained within Exhibit A, attached hereto. Resolution No. 4168 Page 4 PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 25th day of January, 2011. ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Elizabeth A. Binsack, the undersigned, Commission Secretary of the City of Tustin, duly passed and adopted at a regular meeting on the 25th day of January, 2011. ST ZAK Chairperson hereby certify that I am the Planning California; that Resolution No. 4168 was of the Tustin Planning Commission, held ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A RESOLUTION N0.4168 CONDITIONAL USE PERMIT 10-009 AND DESIGN REVIEW 10-018 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped, January 25, 2011, on file with the Community Development Department, 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 subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code. (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 12 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 10-009 and Design Review 10-018 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 As a condition of approval of Conditional Use Permit 10-009 and Design Review 10-018, 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 SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENTS (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE(S) (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTIONS Exhibit A Resolution No. 4168 Page 2 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. USE RESTRICTIONS (1) 1.6 Prior to the issuance of a building permit, the applicant shall record a covenant running with the land that is binding upon the property owner and successors in interest subject to review and approval by the Director of Community Development and the City Attorney consistent with the conditions of approval including but not limited to the following: • The use shall be limited to an assisted living/congregate care facility for persons of 62 years or older. • Combination of housing, personalized supportive services, and health care designed to meet the needs of those who need help with daily living shall be provided at all times and shall include, but not limited to the following: o Three meals a day served in a common dining area o Housekeeping services and personal laundry services o Transportation o Assistance with eating, bathing, dressing, toileting, and walking o Access to health and medical services 0 24-hour security and staff availability o Emergency call systems for each resident's unit o Health promotion and exercise programs o Medication management o Social and recreational activities The above services may be provided either by the owner of the facility ("owner") or by the use of outside providers; however, the owner shall be responsible to ensure these services are available upon request. • Of the 204 parking spaces, only 171 residents may have an automobile. This restriction shall be incorporated in any lease or rental agreement. • The owner and/or operator of the facility shall ensure that on-site services and parking are provided such that off-site or surrounding properties parking are not impacted. Exhibit A Resolution No. 4168 Page 3 (1) 1.7 Roof ceiling construction shall be roofing on 1/2" plywood. Batt insulation shall be installed in joist spaces. The ceilings shall be on layer 5/8" gypboard nailed direct. (1) 1.8 All exterior walls shall be 2X4 studs 16" o.c. with Batt insulation in the stud spaces. Exterior walls shall be stucco or other approved exterior plaster. Interior walls shall be made with 5/8"gypboard. All other windows and glass doors shall be double glazing. (1) 1.9 All southeast facing perimeter windows and glass doors shall be glazed with STC 32 glazing. STC 32 glazing may be provided with either '/4" laminated glass or a dual pane assembly with a '/z" airspace. In either case, the glazing supplier shall be prepared in an independent, accredited testing laboratory in accordance with ASTM E-90. (1) 1.10 All entry doors shall be 1-3/4" solid core doors with weather stripping seals on the sides and top. Glazing in entry doors shall not be accepted. (1) 1.11 Striping on Red Hill Avenue shall be modified to provide northbound left turns into the project driveway, but no left turns out of the driveway. A "Right Turn Only" sign shall .be installed on private property for traffic exiting the project driveway. (1) 1.12 Large semi-trailers and moving vans shall be prohibited from entering the site. Move-in conditions along with other terms and conditions for residency at the complex shall be included in the signed Tenant Agreement. (1) 1.13 Prior to issuance of a building permit, count-down pedestrian heads shall be installed at the intersection of Redhill and San Juan Street by City forces at the expense of the applicant. (1) 1.14 The project shall maintain a total of 204 parking spaces with a minimum of 0.85 parking ratio per unit at all times (171 spaces assigned to the units and 33 spaces for employees and guests parking). (1) 1.15 Access to the underground garage area shall be provided to Police personnel via an Emergency Vehicle Access System. The system shall be installed along with fire access to allow police officers to use a remote clicker that is installed in all police vehicles. (1) 1.16 If in the future the City determines that parking or traffic problems exist on the site or in the vicinity, the Community Development Director may require that the property owner prepare an analysis and bear all associated costs. If the study indicates that there is a parking or traffic impact, the applicant/property owner shall provide interim and permanent mitigation measures to alleviate the problem. Exhibit A Resolution No. 4168 Page 4 (1) 1.17 No outdoor storage shall be permitted during grading or building stages, except as approved by the Tustin Community Development Director. (1) 1.18 Prior to signs installation, the applicant shall submit on-site sign plans for review and approval and permits obtained. PLAN SUBMITTAL (1) 2.1 At the time of building permit application, the plans shall comply with the latest edition of the codes, City Ordinances, State, Federal laws, and regulations as adopted by the City Council of the City of Tustin. (1) 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) copies of structural calculations. • Two (2) copies of Title 24 energy calculations. • Details of all proposed lighting fixtures and a photometric study showing the location and anticipated pattern of light distribution of all proposed fixtures. All new light fixtures shall be consistent with the architecture of the building. All exterior lighting shall be designed and arranged as not to direct light or glare onto adjacent properties, including the adjacent streets. Wall-mounted fixtures shall be directed at a 90-degree angle directly toward the ground. All lighting shall be developed to provide a minimum of one (1) foot-candle of light coverage, in accordance with the City's Security Ordinance. • A note shall be provided on the plans that "All parking areas shall be illuminated with a minimum of one (1)foot-candle of light, and lighting shall not produce light, glare, or have a negative impact on adjacent properties." (1) 2.3 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 and shall be shown on the plans. (1) 2.4 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: A. Technical details and plans for all utility installations including telephone, gas, water, and electricity. Exhibit A Resolution No. 4168 Page 5 B. Three (3) copies of a 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. 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 Hydrology Report. F. 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. (1) 2.5 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. (1) 2.6 The engineer of record shall submit a final compaction report to the Building Division for review and approval prior to the issuance of a building permit. (1) 2.7 The engineer of record shall submit a pad certification to the Building Division for review and approval prior to the issuance of a building permit. (1) 2.8 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 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. 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: Exhibit A Resolution No. 4168 Page 6 • 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) 2.9 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) 2.10 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) 2.11 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 residence. The numerals shall be no less than four (4) inches in height and shall be of contrasting color to the background to which Exhibit A Resolution No. 4168 Page 7 they are attached and illuminated during hours of darkness; six (6) inches in height for commercial. (1) 2.12 An adequate size trash enclosure with solid metal, self-closing, self-latching gates is required to be located on the property and maintained to avoid health issues for neighboring commercial and residential areas. 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 CR&R (contract trash hauler). (1) 2.13 Transformers should be located in screened areas to reduce visibility from the public right-of-way. All above ground equipment boxes will need to be heavily landscaped to screen them and are subject to field verification. (1) 2.14 The project shall comply with the City's Water Efficient Landscape Ordinance (TCC Section 9700) (1) 2.15 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. • 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 planting materials shall be used. is not acceptable. over 25 percent. A combination of On large areas, ground cover alone • Shrubs shall be a minimum of five (5) gallon size and shall be placed a maximum of five (5) feet on center. Exhibit A Resolution No. 4168 Page 8 • 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, weeding, removal of litter, fertilizing, regular watering, and replacement of diseased or dead plants. • Major points of entry to the project an along the project frontage shall receive specimen trees to create an identifying theme. • All trees shall be minimum 24-inch box in size. (1) 2.16 On-site walls and fences shall be noted on the plans with specific materials, colors, and decorative treatments subject to review and approval of the Community Development Department. PUBLIC WORKS (1) 3.1 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). If the WQMP has been determined to be a Priority WQMP, it shall identify Low Impact Development (LID) principles and Best Management Practices (BMPs) that will be used on- site to retain storm water and treat predictable pollutant run-off. The Priority WQMP shall identify: the implementation of BMPs, the assignment of long-term maintenance responsibilities (specifying the developer, parcel owner, maintenance association, lessees, etc.), and reference to the location(s) of structural BMPs. (1) 3.2 Prior to submittal of a Water Quality Management Plan (WQMP), the applicant shall submit a deposit of $2,700.00 to the Public Works Department for the estimated cost of reviewing the WQMP. (1) 3.3 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) 3.4 Prior to issuance of any permits, the applicant shall record a "Covenant and Agreement Regarding O & M Plan to Fund and Maintain Water Quality BMPs, Consent to Inspect, and Indemnification" with the Orange County Clerk-Recorder. These documents shall bind current and future owner(s) of the property regarding implementation and maintenance of the structural and non-structural BMPs as specified in the approved WQMP. Exhibit A Resolution No. 4168 Page 9 (1) 3.5 Prior to issuance of any permit, the applicant /engineer shall obtain approval of the design to construct Red Hill Avenue to its ultimate Major Arterial half-width adjacent to the site (with full width sidewalk with tree wells) and reconstruct the full width of the existing public alley from the City of Tustin Public Works Department. The improvements shall be completed by the applicant prior to issuance of a Certificate of Occupancy. Separate 24" x 36" public improvement plans, as prepared by a California Registered Civil Engineer shall be prepared. Said plans shall include, but not be limited to the following: a) Curb and Gutter h) Domestic water facilities b) Sidewalk, including curb ramps I) Sanitary sewer facilities for the physically disabled j) Landscape/irrigation c) Drive aprons k) Underground utility connections d) Signing/striping plan e) Street paving f.) Street lighting f) Catch basin/storm drain laterals/ connection to existing storm drain system In addition, a 24" x 36' reproducible construction work 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) 3.6 The applicant shall provide for the undergrounding of all existing and proposed utility distribution facilities within the public right-of-way adjacent to the project, as well as within the project, per Section 8402 of the Tustin City Code. The applicant shall be responsible for the associated costs and arrangement with each public utility. (1) 3.7 Prior to issuance of any permit, the developer shall obtain written verification from each utility company providing service to the project that adequate capacity is available to serve the project. Any capacity studies required by the utility companies will be the responsibility of the developer. (1) 3.8 Permission from property owners shall be required for any work located on adjacent properties. (1) 3.9 Adequate horizontal and vertical intersection sight lines for access onto Red Hill Avenue 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. Exhibit A Resolution No. 4168 Page 10 (1) 3.10 Any damage done to existing street improvements and utilities shall be repaired before issuance of a Certificate of Occupancy for the development. (1) 3.11 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. (1) 3.12 The applicant shall satisfy dedication and/or reservation requirements as applicable, including, but not limited to, dedication in Fee Title of all required street rights-of-way; dedication of all required flood control right- of-way easements; and dedication of vehicular access rights, sewer easements, and water easements defined and approved as to specific locations by the City Engineer (at no cost to the City) and/or other agencies. (1) 3.13 Current Federal Americans with Disabilities Act (ADA) requirements shall be met at the drive aprons and pedestrian walkways. (1) 3.14 Prior to issuance of a building permit, the applicant shall provide written approval from the Orange County Sanitation District for sewer connection/use. (1) 3.15 Developer's execution of a public improvement agreement and furnishing the necessary improvement bonds as required by the City Engineer prior to the issuance of an encroachment permit shall be required. (1) 3.16 Prior to issuance of a building permit, the applicant shall obtain a new address from the Engineering Division. (1) 3.17 Construction and Demolition Waste Recycling and Reduction Plan (WRRP). A. The applicant/contractor is required to submit a WRRP to the Public Works Department. The WRRP must indicate how the applicant will comply with the City's requirement (City Code Section 4351, et al) to recycle at least 50% of the project waste material. B. The applicant will be required to submit a $50.00 application fee and a cash security deposit. Based on the review of the submitted Waste Management Plan, the cash security deposit will be determined by the Public Works Department in an amount not to exceed 5% of the project's valuation. C. Prior to issuance of a any permit, the applicant shall submit the required security deposit in the form of cash, cashier's check, personal check, or money order made payable to the "City of Tustin". Exhibit A Resolution No. 4168 Page 11 (1) 3.18 If the City of Tustin's contracted trash hauling company is unable to provide scout trash pickup, the applicant/property owner shall be responsible for providing the scout trash pickup or alternative trash service to the satisfaction of the Public Works Department. The alternative trash service plan shall be submitted to the Public Works Department for review and approval for developing and implementing a Waste Management Plan. (1) 3.19 The Applicant, Property Owner and/or tenant(s) are required to participate in the City's recycling program. (1) 3.20 A double check detector assembly (DCDA) is required for the project. Prior to issuance of a Building Permit, an easement for public utility access purposes shall be dedicated to the City of Tustin. The easement shall start from the public right-of-way up to the DCDA with a minimum distance of five (5) feet all around the DCDA to allow for unobstructed access, inspection, testing, and maintenance. The applicant shall submit a legal description and sketch of the area to the Public Works Department for review and approval, as prepared by a California Registered Civil Engineer or California Licensed Land Surveyor. (1) 3.21 An irrigation system is required for the project. A separate water meter with reduced pressure principle assembly (RPPA) shall be provided to prevent cross-connection with the public water system. (1) 3.22 A written release/approval from the East Orange County Water District (EOCWD) shall be obtained by the Developer prior to receiving water service from the City of Tustin. The applicant shall submit a water permit application to EOCWD, and is responsible for all application, connection and other EOCWD fees. (1) 3.23 The proposed domestic water system plans must conform to all applicable regulations enforced by the Orange County Health Department. (1) 3.24 The existing 6-inch water main on Red Hill Avenue is insufficient to provide fire flows for the new facilities. Based on OCFA fire flow demands and requirements, it may be necessary to construct a new 8-inch water main on Red Hill Avenue to meet current water flow requirements. (1) 3.25 Water system improvements shall be designed in accordance with the requirements and standards of the City of Tustin Department of Public Works and/or American Water Works Association (AWWA). (1) 3.26 The applicant is responsible for all costs related to the installation, upgrade, alteration, relocation or abandonment of all existing City of Tustin public water facilities affected by the proposed project. Exhibit A Resolution No. 4168 Page 12 (1) 3.27 Approval from the Water Services Division is required for permitting or construction of any new water service connections, abandonment or relocation of existing water services, or improvements that will affect the City's water facilities. (1) 3.28 CADD Requirements - In addition to the normal full-size map and plan submittal, all final maps and 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 shall be submitted to the Public Works Department in computer aided design and drafting (CADD) format to the satisfaction of the City Engineer. The standard file format is AutoCAD Release 2007, or latest version, having the extension "DWG". All layering and linotype conventions are AutoCAD-based (latest version available upon request from the Public Works Department). The CADD files shall be submitted to the City at the time plans are approved, and updated CADD files reflecting "as built" conditions shall be submitted once all construction has been completed. No project bonds will be released until acceptable "as built" CADD files have been submitted to the City. ORANGE COUNTY FIRE AUTHORITY (OCFA) (5) 4.1 Prior to the issuance of any building permits, the applicant shall obtain approval of the Fire Chief for all fire protection access roads to within 150 feet of all portions of the exterior of the structure. The plans shall include plan and sectional views and indicate the grade and width of the access road measured flow-line to flow-line. The plans shall indicate the OCFA minimum turning radius of 38 feet outside and 17 feet inside. When adead- end street exceeds 150 feet or when otherwise required, a clearly marked fire apparatus access turnaround must be provided and approved by the Fire Chief. The applicant may contact the OCFA at (714) 573-6100 or visit the OCFA website to obtain a copy of the "Guidelines for Emergency Access." (5) 4.2 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) 4.3 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) 4.4 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 Exhibit A Resolution No. 4168 Page 13 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 &/or Sprinkler Underground Piping." (5) 4.5 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." (5) 4.6 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." (5) 4.7 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&R'S's ':- or other approved documents shall contain a fire lane map, provisions prohibiting parking in the fire lanes and a method of enforcement. (5) 4.8 Prior to the issuance of any grading permits, the applicant shall obtain the approval from the Fire Chief for the construction of any gate across required fire department access roads. Please contact the OCFA at (714) 573-6100 or visit the OCFA website to obtain a copy of the "Guidelines for Design and Installation of Emergency Access Gates and Barriers." (5) 4.9 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 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." (5) 4.10 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) 4.11 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. Exhibit A Resolution No. 4168 Page 14 (5) 4.12 Prior to the issuance of a building permit, the applicant shall submit architectural plans for the review and approval of the Fire Chief if required per the "Orange County Fire Authority Plan Submittal Criteria Form." Please contact the OCFA at (714) 573-6100 for a copy of the Site/Architectural Notes to be placed on the plans prior to submittal. FEES (1) 5.1 Prior to issuance of any permits, payment shall be made of all applicable fees, including but not limited to, the following: • Building plan check and permit fees • Grading plan check and permit fees • New development fees • School fees • Orange County Fire Authority fees • Major Thoroughfare and Bridge fees (1) 5.2 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 fifty dollars ($50.00) to enable the City to file the appropriate environmental documentation for the project. If within such foray-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.