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HomeMy WebLinkAboutPC RES 353410 11 12 13 14 15 16 17 18 19 2O 21 22 23 25 26 27 28 RESOLUTION NO. 3534 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 97-005 AND DESIGN REVIEW 97-009, AUTHORIZING THE ESTABLISHMENT OF A 24-HOUR SELF-SERVE GASOLINE STATION, A FULL-SERVICE CARWASH, A 750 SQUARE FOOT 24-HOUR CONVENIENCE STORE, AND A 5,500 SQUARE FOOT RETAIL BUILDING AT 535 EAST MAIN STREET. The Planning Commission does hereby resolve as follows: I . The Planning Commission finds and determines as follows: A. That a proper application for Tentative Parcel Map 97-117, Conditional Use Permit 97-005 and Design Review 97-009 was filed by Greg Bennett Architects on behalf of the property owners to request authorization for the establishment of a 24-hour self-serve gasoline station, a full- service carwash, a 750 square foot 24-hour convenience store, and a 5,500 square foot retail building at 535 East Main Street, more specifically described as Assessor's Parcel No. 401-612-03. m . That the proposed use is allowed within the C2-P Central Commercial - Parking Overlay District, with the approval of a Conditional Use Permit. C, The subject property is located within the Town Center Redevelopment Project Area. Pursuant to City Code Section 9299b, the Zoning Administrator has forwarded action on Design Review 97-009 to the Planning Commission for consideration. m. As conditioned, the subject project has been found consistent with the Town Center Redevelopment Project Area Plan. E , That a public hearing was duly called, noticed and held on said application on August 11, 1997 and continued to September 22, 1997 and subsequently renoticed for hearing on November 10, 1997 by the Planning Commission. 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Resolution No. 3534 Page 2 Go That the establishment, maintenance and operation of the uses applied for 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, as 'evidenced by the following findings: 1) As conditioned, the proposed use can be accommodated on the subject property, providing for parking, landscaping, on- site circulation and queue length. As conditioned, the use will not negatively affect surrounding properties in that the site design includes screen walls, berms, landscaping and architec- tural enhancements that minimize the visual and aesthetic impacts of the pump island and vehicles stopped for refueling. 3) As conditioned, the use will be compatible with the surrounding uses, in that the Newport Avenue frontage includes landscaping, berms and a screen wall and the structures on-site include architec- tural details that strengthen the Newport Avenue theme and improve the gateway to the Old Town area of Tustin. Pursuant to Section 9272 of the Tustin Municipal Code, the Commission finds that the location, size, architectural features and general appearance of Design Review 97-009, as conditioned, 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: 1o Height, bulk and area of buildings. 2. Setbacks and site planning. !0 1! 12 13 14 16 17 18 19 2O 21 22 23 24 25 26 27 28 Resolution No. 3534 Page 3 3. Exterior materials and colors. 4. Type and pitch of roofs. . Size and spacing of windows, doors and other openings. o Towers, chimneys, roof structures, flagpoles, radio and television antennae. . Landscaping, parking area design and traffic circulation. 8. Location, height and standards of exterior illumination. . Location and appearance of equipment located outside of 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. H . That the strict adherence to all design criteria o~ the adopted Service Station Development Guidelines cannot be satisfied due to the irregular shape and angles of this site. Although the site does not include the "reverse design" (pumps at the rear, buildings, at the front) the screen walls, berms, landscaping and architectural details provide amenities to ensure that the project is visually acceptable from the public right- of-way. In addition, although the service bays partially face onto the street, screening is provided. !0 !1 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Resolution No. 3534 Page 4 I o A Negative Declaration has been prepared and certified for this project in accordance with the provisions of the California Environmental Quality Act (CEQA). J. That 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. Ko That the project has been reviewed for compliance with the Americans with Disabilities Act of 1990 and it has been determined that dedications of right-of-way at the corner and all radius type driveways are necessary for compliance with the requirements of ADA. II. The Planning Commission hereby approves Conditional Use Permit 97-005 and Design Review 97-009 to authorize the establishment of a 24-hour self-serve gasoline station, a full-service carwash, a 750 square foot, 24-hour convenience store, and a 5,500 square foot retail building at 535 East Main Street, subject to the conditions contained in Exhibit A, attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 10th day of November, 1997. ELIZABETH A. BINSACK Planning Commission Secretary Chairman Pro Tem !0 11 12 13 14 15 16 18 19 2O 21 22 23 24 25 26 27 28 Resolution No. 3534 Page 5 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 3534 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 10th day of November, 1997. ELIZABETH A. BINSACK Planning Commission Secretary GENERAL EXHIBIT A CONDITIONAL USE PERMIT 97-005 AND DESIGN REVIEW 97-009 CONDITIONS OF APPROVAL RESOLUTION NO. 3534 (1) 1.1 The proposed projecn shall substantially conform with the submitted plans for the project date stamped November 10, 1997 on file with the Community Development Department, as herein modified, or unless otherwise indicated, as modified by the Community Development Director in accordance with nhis Exhibit. The Director may also approve subsequenn minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code or other applicable regulations. (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with 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 twenty four (24) 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) 1.4 Approval of CUP 97-005 and DR 97-009 is contingent upon the applicant and property owners signing and returning an "Agreement to Conditions Imposed" form as established by the Community Development Department. (1) 1.5 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. *** 1.6 The 5,500 square foot retail building shall be constructed in the first phase of development. Building permits and construction of said retail building shall occur prior to or concurrently with permits for the gasoline station/carwash use. Certificate of Occupancy for the retail building shall be issued prior to or concurrently with the Certificate of Occupancy for the carwash or gasoline station. SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODE/S (4) DESIGN REVIEW *** EXCEPTIONS (5) RESPONSIBLE AGENCY REQUIREMENTS (6) LANDSCAPING GUIDELINES (7) PC/CC POLICY Exhibit A Resolution No. 3534 Page 2 PLAN SUBMITTAL (1) 2.1 At building plan check, submit four (4) sets of plans, two sets of soils reports, structural and energy calculations, specifications and acoustical report. Electrical, mechanical and plumbing plans shall be included. Each building requires a separate building permit. Grading plans, underground tank removal/installation plans and signage plans shall be submitted separately. (1) 2.2 Ail grading, drainage, vegetation and circulation shall comply with the City of Tustin Grading Manual. Ail street sections, curbs, gutters, sidewalks, lighting and storm drains 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) 2.3 The building shall comply in all respects with the Building Code, other related codes, City Ordinances, and state and federal laws and regulations. (3) 2.4 Mechanical ventilation shall be. provided based on the number of occupants. (3) 2.5 Provide complete details for accessible paths of travel throughout the site, including pedestrian circulation from public right-of-way to the buildings and throughout the new structures. The tenant space, parking spaces, entrances to the building, path of travel from the parking area to the building, and sanitary facilities shall be accessible to persons with disabilities. (2) 2.6 The applicant shall submit for approval by the Community Development and Public Works Departments, a Water Quality Management Plan (WQMP) specifically identifying Best Management Practices (BMPs) that will be used on-site to control predictable pollutant run-off. This WQMP shall identify: the structural and non-structural measures specified detailing implementation of BMPs whenever they are applicable to the project; the assignment of long-term maintenance responsibilities (specifying the developer, parcel owner, maintenance association, lessee, etc.); and, reference to the location(s) of structural BMPs. The BMPs shall include the following: Exhibit A Resolution No. 3534 Page 3 A) Wash racks to be constructed in accordance with the Orange County Sanitation District Guidelines and subject to final review and approval of the District. B) All areas used for fuel dispensing to be paved with concrete. Ail motor fuel dispensing areas to have a canopy structure for weather protection, extending over the concrete pad. c) The fuel dispensing area to be graded and constructed so as to prevent drainage flow either through or from the area. The area shall drain to an underground clarifier/sump/tank equipped with a shut-off valve that can stop the further draining of storm water or spilled materials from the fuel dispensing area into the street or storm drain system. D) A Spill Contingency Plan shall be prepared which requires immediate clean-up of any fuel spills and provides for notification of responsible agencies, disposal of cleanup materials and documentation. (4) 2.7 The site will be designed so that all parking area surface run-off is directed to and picked up by the storm drain system. (4) 2.8 The use of water conserving plumbing fixtures throughout the buildings should be considered by the applicant. (5) 2.9 The applicant shall submit Tank Removal Plans to the Orange County Health Care Agency and shall satisfy all Tank Removal Guidelines. If corrective action to address any subsurface contamination is required by the Health Care Agency which requires modification to approved plans, then revised plans shall be reviewed and approved by the Community Development Department. (5) 2.10 Prior to submittal to Building Plancheck, the plans shall be designed to provide that all drive approaches meet current federal ADA requirements. (5) 2.11 Complete the hazardous material questionnaire and the air quality questionnaire and submit to Building Division and the proper agencies. If the answer to any of the questions is "yes", clearances from the Hazardous Material Disclosure Office and from the Air Quality Management District shall be submitted to the Building Division prior to approval. Exhibit A Resolution No. 3534 Page 4 (5) 2.12 Underground tank removal or installation will require Health Department, Fire Authority, Air Quality/Water Quality Agency and CAL OS~A clearances prior to issuance of a building permit. (5) 2.13 Trash enclosures shall comply with Great Western Reclamation and City of Tustin standards. Separate trash enclosures are required of each parcel, or provide covenants for shared use. (2) 2.14 Drainage from new areas shall be collected and drained to the existing storm drain system. New plumbing fixtures and carwash drains shall be connected to existing sewer systems. Capacity of existing utility systems shall be calculated and identified on the plans. (5) 2.15 The existing reciprocal access easement between the subject property and the adjacent property to the north (Larwin Square) shall be identified on the site plan and shall be revised as appropriate, consistent with the proposed driveway improvements, subject to review and approval of the City Engineer. Any changes to the existing easement will require the property owner to execute and record a new reciprocal easement with the property owner of Larwin Square in order to provide for joint access. The form and content of the easement shall be subject to the approval of the Community Development Department and the City Attorney. Said easement shall be recorded prior to or concurrent with the Final Map approval or issuance of any building permits, whichever occurs first. (5) 2.16 Prior to issuance of any building or grading permits, the applicant shall submit two (2) copies of the Notice of Intent for the NPDES industrial/commercial general permit, as submitted to the State of California Water Resources Control Board (one copy to Community Development Department/Building Division and one to the Public Works Department/Engineering Division). SIGNS (4) 3.1 Prior to issuance of a Certificate of Occupancy, a Master Sign Plan shall be submitted and approved by the Community Development Department. Complete sign plans shall be submitted which address all propQsed wall, directional, and address signs. The sign plans shall include dimensions, materials, colors, and method of illumination. The design, size, location, installation and maintenance of said signs shall be in compliance with the Tustin Sign Code. Exhibit A Resolution No. 3534 Page 5 SITE AND BUILDING CONDITIONS (4) 4.1 Provide exact details for exterior doors and window types on construction plans. -- (4) 4~2 Ail 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 either blend with the architectural design of the building or be integrated into the landscape design. A dense type of landscaping could be utilized for screening. (1) 4.3 Ail final colors and materials to be used shall be subject to review and approval by the Community Development Department. All exterior treatments shall be coordinated with regard to color, materials and detailing and clearly noted on submitted construction plans and elevations. (4) 4.4 Provide plans and details of all proposed lighting fixtures and a photometric study showing the location and anticipated distribution pattern of light of all proposed fixtures. The fixtures proposed shall be modified to be more decorative in design and consistent with the architecture of the building. 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) footcandle of light coverage, in accordance with the City's Security Code. (4) 4.5 Ail exposed metal flashing or trim shall be painted to match the building. (1) 4.6 Note on final plans that a six-foot-high chain link fence shall be installed around the site prior to building construction stages. Gated entrances shall be permitted along the perimeter of the site for construcEion vehicles. (1) 4.7 Exterior elevations of the building shall indicate any (4) fixtures or equipment to be located on the roof of the building and eqfuipment heights. The building parapet shall be an integral part of the building design, and shall screen all roof mounted equipment. Ail roof- mounted equipment and vents shall be a minimum of six inches below the top of the parapet. (4) 4.8 Ail roof access shall be provided from the inside of the building. Exhibit A Resolution No. 3534 Page 6 (4) 4.9 No exterior downspouts shall be permitted; all roof drainage shall utilize interior piping, but may have exterior outlets at base of building. (4) 4.10 Six (6) inch continuous concrete curbing shall be used through the parking lot, landscaped areas and adjacent to sidewalks, except where required to satisfy handicap access requirements. (4) 4.11 Roof scuppers shall be installed with a special lip device so that overflow drainage will not stain the walls. (4) 4.12 Indicate the location of all exterior mechanical equipment. Gas and electric meters shall either be enclosed within the building or boxed behind a screen wall designed to be consistent with the main building. (4) 4.13 Outdoor storage and automotive repair is prohibited. A note prohibiting such activities shall be added to the final plans. (4) 4.14 Construction or replacement of all missing or damaged public improvements adjacent to this development will be required. A separate 24" x 36" street improvement plan, as prepared by a California Registered Civil Engineer, will be required. Said plan shall show all existing public improvements along with all new construction to include but not be limited to the following: a) b) c) d) e) f) Curb and gutter Sidewalk/curb ramps Drive aprons (meeting current requirements) Underground utility connections Signing and striping Signing and striping of Class I Bikeway on Newport Avenue Federal .ADA In addition, a 24" x 36" reproducible construction area traffic control plan, as prepared by a California Registered Traffic Engineer or Civil Engineer experienced in this type of plan preparation will be required. (4) 4.15 A grading plan will be required based on the Orange County Surveyor's bench mark datum. (4) 4.16 Additional street right-of-way is required at the corner of Main Street and Centennial Way in the form of a corner cut-off. This shall be adequate for the construction of a new handicap ramp per City Standard No. 124. Additional street right-of-way is also required at the radius type drive aprons per City Standard No. 108E. Exhibit A Resolution No. 3534 Page 7 A legal description and sketch of the dedication area, as prepared by a California Registered Civil Engineer or Licensed Land Surveyor shall be provided, along with a copy of the vesting on the property. (4) 4.17 The Newport Avenue driveways shall be restricted to right turn in/out access. Written approval from the adjacent property owner (Larwin Square) is required for' the reconstruction of the common drive apron on newport Avenue. (4) 4.18 Sight distances at each access driveway shall be reviewed for compliance with Orange County EM~ Standard Plan 1117, when landscaping and improvement plans are prepared. (4) 4.19 On-street parking shall continue to be prohibited adjacent to the project site on Newport Avenue, Centennial Way and Main Street. (4) 4.20 The applicant shall submit a Courtyard Plan identifying the location and size of all tables, chairs, benches and other amenities for review and approval by the Community Development Department prior to issuance of any permits. (4) 4.21 The decorative doors proposed on the detail garage and carwash tunnel entrance and exit shall be a sectional roll-up type with a decorative design, consistent with the architecture of the project, subject to the approval of the Community Development Department. (4) 4.22 A note shall be added to the plans that the inside of the carwash tunnel and the support beams shall be painted to match the exterior walls. (4) 4.23 A decorative cap on the top of the wing walls proposed at the car wash tunnel shall be of a decorative design, consistent with the architecture of the project, subject to the approval of the Community Development Department. (4) 4.24 The decorative cornice at the building roof eaves shall have a minimum of 12-inches vertical height and 12-inches horizontal width, and are subject to the approval'of the Community Development Department. (1) 4.25 The site plan shall be modified to show the dimension of the driveway on Centennial Way, to be reviewed and approved by the Public Works Department. (4) 4.26 The design and location of air hoses in the drying area shall be subject to the review and approval of the Community Development Department. Exhibit A Resolution No. 3534 Page 8 (4) 4.27 The canopy over the carwash gas pumps shall be reduced in height and redesigned to have a pitched roof, consistent with the design of the detail garage and convenience store, subject to the approval of the Community Development Department. The precise location and design of the vacumes and other carwash equipment proposed under the canopy shall be subject to the review and approval of the Community Development Department. LANDSCAPING, GROUNDS AND HARDSCAPE ELEMENTS (1) 5.1 The applicant shall submit for plan check complete detailed landscaping and irrigation plans for all landscaping areas consistent with adopted City of Tustin Landscaping and Irrigation Submittal Requirements and consistent with the landscaping concept plan. Said plans shall be consistent with the existing landscape palette for the center. The applicant shall provide a summary table applying indexing identification to plant materials in their actual location. The plant table shall list botanical and common names, sizes, spacing, actual 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 (screened from view from right-of-way and on-site by shrubs), pipe size, sprinkler type, spacing and coverage. Details for all equipment shall be provided. The plans shall show all property lines on the landscaping and irrigation plan, public right-of-way areas, sidewalk widths, parkway areas, existing landscaping and walls and proposed new wall locations. The Department of Community Development may request minor substitutions of plant materials or request additional sizing or quantity. Note on plans that adequacy of coverage of landscaping and irrigation materials is subject to field inspection at project completion by the Department of Community Development. (7) 5.2 The submitted landscaping plans at plan check shall reflect the following requirements: k. Shrubs shall be a minimum of 5 gallon size and shall be spaced a minimum of 8 feet on center when intended as screen planting. B ~ Ground cover shall be planted between 8 to 12 inches on center. C . When 1 gallon plant sizes are used, the spacing may vary according to materials used. Exhibit A Resolution No. 3534 Page 9 m o Ail plant materials shall be installed in a healthy, vigorous condition typical to the species and landscaping must be maintained in a neat and healthy condition. This will include but not be limited to trimming, mowing, weeding, removal of litter, fertilizing, regular watering, or replacement of diseased or dead plants. (4) 5.3 Ail vehicle headlight glare from all parking areas, gasoline pumps and drying areas shall be adequately screened from view. Plans and sections shall be provided to demonstrate adequate screening, subject to review and approval of the Community Development Department during building plan check. (4) 5.4 Hibiscus shrubs shall be provided in front of the carwash drying area screen wall, between the trees, and shall be maintained to the height of the wall. (2) 5.5 Vertical growing shrubs shall be planted on the east side of the screen wall in front of the gasoline canopy in naturalized groupings, and shall be allowed to grow to the height of the wall. *** 5.6 The shrubs along Newport Avenue shall be maintained to a height of 6-feet above the Newport Avenue top of curb, as indicated on the D!ans. -- *** 5.7 The landscaped area in front of the sound walls at the tunnel shall be a minimum 5-feet in width and planted with tall shrubs, vines or small trees. NOISE (5) 6.1 Ail 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. (5) 6.2 Ail uses and operations on the site shall comply with the City's Noise Ordinance. Outside public address speakers, telephone bells, car horns, buzzers and similar devices which are audible on adjoining properties are prohibited. Non-compliance with this restriction may be grounds for City initiation of revocation of the use permit. Exhibit A Resolution No. 3534 Page 10 (5) 6.3 Prior to issuance of a Certificate of Occupancy, the Building Official may require that field testing be performed to demonstrate compliance with noise attenuation standards. (5) 6.4 Construction hours shall be clearly posted on the project site to the satisfaction of the Building Official. (2) 6.5 The dryer blower motors and fans shall be remotely located in the equipment room. This reduces the typical dryer noise levels by about 10 dBA. (2) 6.6 The vacuum equipment shall be housed in the equipment room. (2) 6.7 The equipment room must be acoustically insulated, including access door assemblies rated at least STC 35. Equipment room venting should open onto the interior of the wash tunnel, and must use Model "R" Noishield acoustical louvers available from Industrial Acoustics Company or equivalent, as required by the October 9, 1997 Acoustical Analysis. (2) 6.8 Specify the quietest possible air nozzles for the hand drying area. (2) 6.9 Any air tools used in the detail garage shall be rated to produce levels no higher than' 89 dBA at one meter three feet (3') under full load. (2) 6.10 Ail exterior mechanical equipment, including air conditioners, ice makers, exhaust fans, refrigeration, condensers, etc. shall have a Sound Rating of 8.5 Bels or less, or a level of 50 dBA at 50 feet or less. (2) 6.11 Compressors, blowers, pumps and other mechanical equipment that does not require exterior locations for heat exchange purposes shall be located in enclosed windowless rooms with acoustically sealed doors. (2) 6.12 Maintenance, changing of fluids, installation of parts, removal of parts, testing, tuning, and similar operations on any vehicle is prohibited. (2) 6.13 The site shall be posted at a speed limit not to exceed 10 mph. Exhibit A Resolution No. 353~ Page 11 FIRE AUTHORITY (5) 7.1 Prior to the issuance of any building permits, the applican5 shall submit to the Fire Chief evidence of the on-site fire hydrant system and indicate whether public or private. If the system is private, the system shall be reviewed and approved by the Fire Chief prior to issuance of building permits. Provisions shall be made by the applicant for the repair and maintenance of the system in a manner meeting the approval of the Fire Chief. (5) 7.2 Prior to the recordation of a subdivision map, the applican5 shall obtain approval of the Fire Chief of all fire protection access easements and shall dedicate them to the City. The CC&R's shall contain provisions which prohibit obstructions within the fire protection access easement. The approval of the Fire Chief is required for any modifications such as speed bumps, control gates or other changes within said easement. (5) 7.3 Prior to the issuance of any grading permits, the applicant shall submit and obtain approval of preliminary plans for all streets and courts, public or private, from the Fire Chief in consultation with the Manager, Traffic Engineering. The plans shall include the plan view, sectional view, and indicate the width of the street or court, measured flow line to flow line. Ail proposed fire apparatus turnarounds shall be clearly marked when a dead-end street exceeds 150 feet ~or when other conditions require it. (5) 7.4 Prior to the issuance of any grading permits, the applicant shall submit and obtain approval from the Fire Chief for improvement plans with fire lanes shown. The plans shall indicate the locations of red curbing and signage. A drawing of the proposed signage with the height, stoke and color of lettering and the contrasting background color shall be submitted to and approved by the Fire Chief. Prior to the issuance of the Certificate of Use and Occupancy, the approved fire lane marking plan shall be installed. The CC&R's shall contain a fire lane map and provisions which prohibit parking in the fire lanes. A method of enforcement shall be included. (5) 7.5 Prior to the issuance of a building permit, the applicant shall submit to the Fire Chief a list of the quantities of all hazardous, flammable and combustible materials, liquids or gases. These liquids and materials are to be classified according to the "Orange County Fire Authority Chemical Classification Handout" The submittal shall Exhibit A Resolution No. 3534 Page 12 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 material are to be converted to units of measure in pounds, gallons and cubic feet. (5) 7.6 Prior to the issuance of any building permits for combustible construction, the developer shall submit and obtain the Fire Chief's approval of a letter and plan stating that water for fire fighting purposes and an all weather fire access road shall be in place and operational as required by.the Uniform Fire Code before any combustible materials are placed on the site. (5) 7.7 Prior to the issuance of any building permits an Orange County Fire Authority Water Availability form shall be submitted to and approved by the Plan Review Section for the Orange County Fire Authority. If sufficient water to meet fire flow requirements is not available, an automatic fire extinguishing system shall be installed in each structure in a manner meeting the approval of the Fire Chief. (5) 7.8 Prior to the issuance of any building permits, the applicant shall contact the Orange County Fire Authority Hazardous Materials Disclosure Office at (714) 744-0463 to obtain a "Hazardous Materials Business Information and Chemical Inventory Packet" This shall be completed and submitted to the Fire Chief before the issuance of any building permits. (5) 7.9 Prior to the issuance of any building permits, the applicant shall submit plans for review and approval of the Fire Chief. The applicant shall include information on the plans required by the Fire Chief. Contact the Orange County Fire Authority Plans Review Section at (714) 744-00403 for the Fire Safety Architectural Notes to be placed on the plans. (5) 7.10 Prior to the issuance of any Certificates of Occupancy, all fire hydrants shall have a "Blue Reflective Pavement Marker" indicating its location on the street or drive per the Orange County Fire Authority Standard and approved by the Fire Chief. On private property, these markers are to be maintained in good condition by the property owner. (5) 7.11 Prior to the installation of any above ground/underground tanks and/or dispensing equipment, plans shall be submitted to the Fire Chief for review and approval. Exhibit A Resolution No. 3534 Page 13 USE RESTRICTIONS (1) 8.1 The owners shall be responsible for the daily maintenance and up-keep 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. Ail graffiti shall be removed within 72 hours of a complaint being transmitted by the City to the property owner. Failure to maintain said structures and adjacent facilities will be grounds for City enforcement of its Property Maintenance Ordinance, including nuisance abatement procedures. (5) 8.2 The carwash is limited to operate between the hours of 7:30 a.m. and 8:00 p.m. When closed for operation, the doors to the carwash tunnel shall be shut and the doors to the detail garage closed. (3) 8.3 Ail building locking devices added to the premises shall meet those requirements as set forth in the Building Security Code. (2) 8.4 The drying and detailing of vehicles shall be confined to the areas designated on the plan. No vehicles shall be detailed outside of the detail building and no vehicles shall be dried outside the designated drying area. (4) 8.5 Storage of any vehicles on-site is prohibited. (4) 8.6 Automotive repair is prohibited. FEES (1) 9.1 Prior to issuance of any building permits, payment shall (5) be made of all applicable fees, including but not limited to the following. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. Ao Building plancheck and permit fees to the Community Development Department based on the most current schedule. m . 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 $ 0.10 per square foot of floor area to the Community Development Department. Exhibit A Resolution No. 3534 Page 14 m o Transportation System Improvement Program (TSIP), Benefit Area "A" fees in the amount of .$5.53 per square foot of new square floor area of construction or improvements to the Community Development Department. E . Major thoroughfare and bridge fees in the amount of $2.96 per square foot of building area to the Tustin Public Works Department. F o Payment of any applicable East Orange County Water District fees will be required. G , Payment of the Orange County Sanitation District No. 7 'sewer connection fees will be required. (1) 9.2 Within forty-eight (48) hours of approval of the subject (5) project, the.applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of $38.00 (thirty-eight dollars) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period that applicant has not delivered to the Community Development Department the above-noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened.