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HomeMy WebLinkAboutPC RES 3731 ~ RESOLUTION NO. 3731 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, 3 APPROVING CONDITIONAL USE PERMIT 99-031 DESIGN REVIEW 99-039 AUTHORIZING A TRANSMISSION REPAIR FACILITY AT 14122 NEWPORT 4 AVENUE. ~ The Planning Commission does hereby resolve as follows: 6 I. The Planning Commission finds and determines as follows: ? A. That a proper application for Conditional Use Permit 99-031 and s Design Review 99-039 was filed by Michael Luna, Architect for Tustin Transmission to request authorization to construct a 6,684 9 square foot automotive repair facility with eight work bays and a waiting area and office on the property located at 14122 Newport ~0 Avenue, also described as Assessor's Parcel No. 432-073-05. H B. That the proposed use is allowed within the Retail Commercial District (C-1), with the approval of a Conditional Use Permit (TCC ~2 Section 9232). ~3 C. That a public hearing was duly called, noticed and held on said ~4 application on ,June 12, 2000 by the Planning Commission. ~5 D. That the establishment, maintenance and operation of the uses applied for will not, under the circumstances of this case, be ~6 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 ~s general welfare of the City of Tustin, as evidenced by the finding that, the proposed project, as conditioned, will not be injurious, ~9 detrimental to, or have a negative effect on surrounding properties in that: 20 1. The proposed project complements and provides a support 21 service to existing or future uses allowed by the Zoning 22 Code; 23 2. The scale, massing, and design of proposed facility is 24 appropriate for the area; 25 3. As conditioned, the proposed site plan provides fo'r sufficient vehicle ingress, egress, on-site maneuvering and parking; 26 and, 27 4. There wilt be no on-site or off-site traffic impacts and no effect on the existing and planned level of service for 28 adjacent arterials and intersections. 29 Resolution No. 3731 ' 2 CUP99-031 & DR99-039 Page 2 3 5. As conditioned the project will comply with the City of 4 Tustin's Noise Ordinance and there will not be any noise 5 impacts on the adjacent residential and commercial uses. 6 6. The proposed site design will partially screen the view of the eight service bays from the public right-of-way. ? E. Pursuant to Section 9272 of the Tustin Municipal Code, the s Commission finds that the location, size, architectural features and general appearance of Design Review 99-039, as conditioned, will 9 not impair the orderly and harmonious development of the area; the present or future development therein, or the occupancy as a ~0 whole. In making such findings, the Commission has considered at least the following items: ~2 1. Height, bulk and area of buildings. is 2. Setbacks and site planning. ~4 3. Exterior materials and colors. 15 4. Type and pitch of roofs. 16 5. Size and spacing of windows, doors and other openings. ~? 6. Towers, chimneys, roof structures, flagpoles, radio and ~8 television antennae. i9 7. Landscaping, parking area design and traffic circulation. 2o 8. Location, height and standards of exterior illumination. 2~ 9. Location and appearance of equipment located outside of an enclosed structure. 22 10. Location and method of refuse storage. :23 11. Physical relationship of proposed structures to existing 24 structures in the neighborhood. 25 12. Appearance and design relationship of proposed structures ~-6 to existing structures and possible future structures in the neighborhood and public thoroughfares. 27 13. Proposed signage. 14. Development Guidelines and criteria as adopted by the City 29 Council. Resolution No. 3731 CUP99-031 & DR99-039 Page 3 G. A Negative Declaration has been prepared for this project in accordance with the provisions of the California Environmental Quality Act (CEQA) for final consideration by the City Council. F. 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 consistentwith the Air Quality Sub-element. to 11 12 13 14 is 16 17 is 19 20 21 22 23 24 2s 26 27 28 29 II. The Planning Commission hereby approves Conditional Use Permit 99-031 and Design Review 99-039 to authorize construction of a 6,684 square foot automotive repair facility with eight work bays and a waiting area and office on the property located at 14122 Newport Avenue, 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 12th day of June, 2000. ~. ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN E V. KOZAK Chairp on I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 3731 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 12th day of June, 2000. ~~ ~~~~ ELIZABETH A. BI K Planning Commission Secretary EXHIBIT A CONDITIONAL USE PERMIT (CUP) 99-031 AND DESIGN REVIEW (DR) 99-039 CONDITIONS OF APPROVAL RESOLUTION N0.3731 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped June 12, 2000 on file with the Community Development Department, as herein modified, or unless otherwise indicated, as modified by the Community Development Director in accordance with this Exhibit. The Director may also approve subsequent 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 eighteen (18) months of the date of this Exhibit. Time extensions may be considered if a written request is received by the Community Development Departmentwithin thirty (30) days priorto expiration. (1) 1.4 Approval of CUP 99-031 and DR 99-039 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) 1.6 Any violation of any of the conditions imposed is subject to the imposition of a civil penalty of $100.00 for each violation and each day the violation exists. (1) 1.7 The applicant shall be responsible for costs associated with any necessary code enforcement action. (1) 1.8 Conditional Use Permit 99-031 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. The Community Development Director shall review the use to ascertain compliance with conditions of approval. If the use is not operated in accordance with the Conditional Use Permit 99-031 and Design Review 99-039, or is found to be a nuisance or negative impacts are affecting the surrounding neighborhood, the Community Development Director shall impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the Conditional Use Permit. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLEAGENCY (2) CEQA MITIGATION REQUIREMENTS (3) UNIFORM BUILDING CODE/S (6) LANDSCAPING GUIDELINES (4) DESIGN REVIEW (7) PC/CC POLICY *** EXCEPTIONS Exhibit A -Conditions of Approval Resolution No. 3731 CUP 99-031 & DR99-039 Page No. 2 PLAN SUBMITTAL (1) 2.1 When submitting for a building permit, submit four sets of plans, two sets of soils reports, structural and energy calculations, specifications and acoustical report. Electrical, mechanical and plumbing plans shall be included. (1) 2.2 Indicate on the title sheet the applicable codes, City Ordinances and the State and federal laws and regulations to include: 1997 Uniform Building Code with California Amendments 1997 Uniform Mechanical Code with California Amendments 1997 Uniform Plumbing Code with California Amendments 1996 National Electrical Code with California Amendments T-24 California Disabled Access Regulations T-24 California Energy Efficiency Standards City of Tustin Grading Ordinance City of Tustin Landscape and Irrigation Guidelines City of Tustin Private Improvement Standards City of Tustin Security Ordinance (1) 2.3 Indicate on the plans the fire protection rating of exterior walls and openings or where openings are not allowed per Table 5-A of the UBC. (1) 2.4 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) 2.5 Complete the hazardous material questionnaire and the air quality questionnaire and submit to the Building Division and the proper agencies. If the answer to any of the questions is "yes", clearances from the Hazardous Materials Disclosure Office and the South Coast Air Quality Management District shall be submitted to the Building Division prior to approval. (2) 2.6 A Vapor risk assessment that evaluates the potential health risks to the occupants of the proposed buildings, posed by any residual subsurface contamination sites at the subject site shall be submitted to and approved by the OCHCA, with approved copes of such assessment provided to the Community Development Department. The Agency requires a vapor risk assessment for any contaminated sites where the land use will change from automotive repair or fueling station to any other commercial or residential use. Exhibit A -Conditions of Approval Resolution No. 3731 CUP 99-031 & DR99-039 Page No. 3 (2) 2.7 The applicant shall provide the Community Development Director with a written statement of compliance from the Orange County Health Care Agency for the contaminated soil that existed due to the previous service station development. (2) 2.8 A corrective action plan for soil remediation system on-site shall be submitted to and approved by the Community Development Department and the Orange County Health Care Agency (OCHCA). This report must indicate: a) the locations of monitoring and extraction wells proposed on the site; b) which wells will be abandoned, if necessary; and c) where replacement wells will be located after site construction is complete. Replacement well shall be specifically identified on the site plan and located to not obstruct site access, building locations or parking required spaces. (2) 2.9 A work plan for all modifications to the remediation system at the subject site must be submitted to an approved by the OCHCA, with approved copies of such workplan provided to the Community Development Department. (2) 2.10 The applicant shall provide OCHCA a report on the findings of the most recent soil samples collected. These findings will allow OCHCA to evaluate the levels of hydrocarbons and ground water contamination found on the site. (1) 2.11 At building plan check and prior to issuance of building permits, submittal of the following shall be provided: A. Construction plans, structural calculations, and Title 24 energy calculations. Requirements of the Uniform Building Codes, State Disabled Access and Energy Requirements shall be complied with as required by the Building Official. B. Preliminary technical detail and plans for all three (3) utility installations including telephone, gas, water and electricity. Additionally, a note on plans shall be included stating that no field changes shall be made without corrections submitted to and approved by the Building OfFcial. C. Submit seven (7) sets of final grading/excavating plans and specifications consistent with the site plan and landscaping plan, prepared by a registered Civil Engineer for approval by the Community Development Department. D. A precise soils engineering report provided by the Civil Engineer dated within the previous twelve (12) months. Expanded information regarding the levels of hydrocarbons and ground water contamination found on site shall be provided in the submitted soils report. E. Information, plans and/or specifications to ensure satisfaction of all Public Works Department requirements. Exhibit A -Conditions of Approval Resolution No. 3731 CUP 99-031 & DR99-039 Page No. 4 F. Information to ensure compliance with requirements of the Orange County Fire Authority including required fire flow and installation, where required, of fire hydrants subject to approval of the Fire Authority, City of Tustin Public Works Department and/or Irvine Ranch Water District. G. Information to ensure compliance with the requirements of the Orange County Sanitation District No. 7. H. All pavement "R" values shall be reviewed and approved by the Community Development Department in accordance with applicable City standards. (2) 2.12 The applicant shall comply with the following conditions pertaining to the requirementfor a Water Quality Management Plan: A. Prior to issuance of building permits, the applicant shall submit for approval by the Community Development and Public Works Departments, a Water Quality Management Plan (WQMP) specifically identifying Best Management Practices (BMPs) that will be used on site to control predictable pollutant run-off. This WQMP shall identify the: structural and non-structural measures specified detailing implementation of BMPs whenever they are applicable to the project; the assignment of long-term maintenance responsibilities (specifying the developer, parcel owner, maintenance association, lessee, etc.); and, reference to the location(s) of structural BMPs. B. Prior to issuance of grading or demolition permits, the applicant shall obtain coverage under the NPDES Statewide Industrial Stormwater Permit for General Construction Activities from the State Water Resources Control Board. Evidence that this has been obtained shall be submitted to the Building Official of the City of Tustin. C. Prior to issuance of certificates of use and occupancy, building permits for tenant improvements or construction permits for a tank or pipeline, uses shall be identified and, for specified uses, the applicant shall propose plans and measures for hazardous materials management (including, but not limited to, storage, emergency response, employee training, spill contingencies and disposal) to the satisfaction of the City of Tustin. A Hazardous Materials Management Plan shall be approved by the City of Tustin and other specified agencies such as the Orange County Fire Authority, the Health Care Agency, and sewering agencies to ensure implementation of each agency's respective requirements: Further, a copy of the approved Hazardous Materials Management Plans (HMMP) shall be furnished to the Building Official of the City of Tustin, prior to the issuance of any certificate of use and occupancy. Exhibit A -Conditions of Approval Resolution No. 3731 CUP 99-031 & DR99-039 Page No. 5 (2) 2.13 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) 2.14 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 including cashier counter and office space. (3) 2.15 No structures shall be located within the eight (8) foot wide irrigation pipeline easement adjacent to the property line along Nisson Road. The trash enclosure and landscape wall shall be relocated and subject to the review and approval by the Community Development Director. (1) 2.16 The architectural features of the southern corner of the building containing the six services bays shall be consistent along the southeast and southwest elevations, subject to review and approval by the Community Development Department. (1) 2.17 Exterior walls within twenty (20) feet of property lines shall be one-hour fire rated and require a minimum of 30" high parapet in accordance with Uniform Building Code Section 709.4 and Table 5A. (2) 2.18 The service bay buildings shall be constructed of eight inch thick concrete blocks, solid grouted, and covered with two layers of latex paint on both sides. (2) 2.19 The interior walls and ceiling of the service bay buildings should be lined with sound-absorptive panels (e.g. IAC Noise-Foil NF -1-4-N, or Empire M-90). The coverage should be at least 70 percent of the interior wall area and 100 percent of the ceiling area. (2) 2.20 The courtyard area and service bays should have a rough texture (such as brushed concrete) to minimize tire squeal. (1) 2.21 All parapets shall be at least six inches (6") above any roof mounted equipment, vents, and exhausts. (1) 2.22 The windows located in the service bay doors shall be tinted to obscure the view into the building. (2) 2.23 The door on the north side of the service bay building should be a solid core metal assembly with compression gaskets on all sides, including the threshold. (1) 2.24 No exterior downspouts shall be permitted on any facade of the building which are visible from adjacent streets or residential/commercial areas. (1) 2.25 Roof scuppers shall be installed with a special lip device so that overflow drainage will not stain the walls. Exhibit A -Conditions of Approval Resolution No. 3731 CUP 99-031 & DR99-039 Page No. 6 (1) 2.26 Enclosure of electric and gas meters must be compatible with the building treatment. (1) 2.27 All exposed metal flashing or trim shall be anodized or painted compatible with main buildings. (1) 2.28 Trash enclosures shall comply with Great Western Reclamation and City of Tustin standards. Separate trash enclosures are required for each parcel. (1) 2.29 The site shall be landscaped consistent with the City's Landscaping and Irrigation Guidelines. Landscaping shall consist of a combination of berming and sufficient numbers of shrubs and trees to provide adequate screening, subject to the satisfaction of the Community Development Director. (7) 2.30 A minimum of 15 percent landscaping shall be provided on the project site including a landscape buffer around the perimeter of the site in accordance with the Auto Service Design Guidelines and the Parking Lot Design Guidelines. (1) 2.31 The applicant shall provide details of all proposed lighting fixtures and a photometric study showing the location and anticipated distribution pattern of light 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. Parking lot and 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. (1) 2.32 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 Community Development Director and/or Building Official. (1) 2.33 Construction hours shall be clearly posted on the project site to the satisfaction of the Building Official. (2) 2.34 The applicant shall obtain all necessary approvals form the Community Development Department, Orange County Fire Authority Hazardous Materials Disclosure Office, Orange County Health Care Agency and Occupational Safety Hazard Association (OSHA). (5) 2.35 Pursuant to the City of Tustin's Security Ordinance and the Uniform Fire Code, the street number shall be displayed in a prominent location on the street side of the residence. The numerals shall be no less 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. Exhibit A -Conditions of Approval Resolution No. 3731 CUP 99-031 & DR99-039 Page No. 7 (1) 2.36 A note shall be provided on final plans that a six (6) foot-high chain linked 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. USE RESTRICTIONS (1) 3.1 Service operations shall be performed entirely within the structure. No vehicle service shalt take place in any parking space or drive aisle or partially protruding into a parking space, stacking area or drive aisle. (1) 3.2 Vehicle stacking across the public sidewalk shall be prohibited and any violation shall be subject to citation. The operator of the facility is responsible for ensuring compliance and preventing stacking from occurring across the public sidewalk. (1) 3.3 No outdoor storage or display of materials shall be permitted. (1) 3.4 Vending machines shall be located within the approved structure. Outdoor vending machines or activities are prohibited. (1) 3.5 The storage of junk or permanently disabled or wrecked automobiles shall not be permitted. Used or discarded automotive parts or equipment shall not be located outside of the structure except within the designated trash storage area. No inoperative vehicles shall be permitted to be parked or stored on the site outside the building, including marked parking spaces. (1) 3.6 Storage or parking of buses and trucks or similar vehicles is prohibited. This excludes tow trucks, pick-up trucks, and small vans incidental to the service station use. (1) 3.7 Vehicles awaiting service shall be parked in the courtyard area and within the service bays. Vehicles awaiting service shall not be parked in stalls 1 through 22 as shown on the approved plan. A fire access clearance within the courtyard area shall be reviewed by Orange County Fire Authority and maintained at all times. (1) 3.8 Parking and advertising of vehicles for sale or lease is not permitted. (1) 3.9 Restrooms shall be provided to the public at no cost and available during all hours of operation. The restrooms shall be maintained in a clean and sanitary condition. (1) 3.10 Provisions shall be made for the storage of used oil and lubricants pending recycling and approved by the Community Development Director. (2) 3.11 Exterior public address systems and music shall be prohibited. Exhibit A -Conditions of Approval Resolution No. 3731 CUP 99-031 & DR99-039 Page No. 8 (2) 3.12 Delivery trucks are limited to delivering during the daytime hours of 7:00 a.m. to 7:00 p.m. Monday through Saturday. (2) 3.13 The auto facility shall be limited to the hours of 7:00 a.m. to 7:00 p.m. daily. (2) 3.14 The pedestrian door on the north side of the service bay building shall remain closed during business hours. (1) 3.15 All requirements of the City's Noise Ordinance (Chapter 6 of the Tustin City Code) shall be met at all times. (1) 3.16 All litter shall be removed from the exterior areas of the premises, including adjacent public sidewalk areas, no less than once each day. (1) 3.17 Public telephones on the property shall be located inside the building and modified to prevent incoming calls. No exterior pay phones are allowed. (2) 3.18 The installation and operation of the service bays shall be performed in accordance with the requirements of the South Coast Air Quality Management District. The applicant shall provide evidence to the Community Development Director of approval by the South Coast Air Quality Management District. (2) 3.19 The applicant shall be responsible for taking appropriate corrective action to address any surface contamination as required for any accidental spills, as required to the satisfaction of the Health Care Agency. (2) 3.20 The applicant shall be responsible for legally disposing of all motor oil and other hazardous substances in accordance to the requirements and satisfaction of the County Health Care Agency. (5) 3.21 The property owner shall execute and record a deed restriction in a form acceptable to the Community Development Department and City Attorney to ensure that the use of the facility remain transmission repair based upon the reduction of the number of parking spaces provided and that the maximum number of vehicles awaiting service or being serviced at any time shall be eighteen (18), unless modified by a Conditional Use Permit approved by the Planning Commission. The deed restriction shall provide that if the City is required to enforce the conditions contained herein and the City prevails, the City shall be entitled to an award of costs and fees incurred by the City including attorney's fees and administrative costs. The deed restriction shall be recorded with the Office of the County Recorder prior to the issuance of any permits and shall be binding on all future owners or interested parties of the property. Exhibit A -Conditions of Approval Resolution No. 3731 CUP 99-031 & DR99-039 Page No. 9 ENGINEERING (5) 4.1 The existing damaged curb ramp at the intersection of Newport Avenue and Nisson Road does not comply with the current Federal Americans with Disabilities Act (ADA) requirements. Dedication of additional right-of-way in the form of a corner cut off and construction of a new curb ramp per City Standard No. 124 will be required. A legal description and exhibit of the dedication area, as prepared by a California Registered Civil Engineer and/or California Licensed Land Surveyor will be required. These are to be included on the plans in conjunction with next submittal and submitted to the Engineering Division for review and approval; prior to issuance of a building permit. (5) 4.2 No structures shall be constructed within the eight (8) foot wide irrigation pipeline easement adjacent to the north property line. The trash enclosure, walls, pilasters and curbing shall be relocated so that it does not encroach within the easement and shall be reviewed and approved by the Community Development Director prior to issuance of building permits. (5) 4.3 Horizontal driveway sight lines will need to be checked per County of Orange Public Facilities and Resources Department Standard No. 1117 for all affected streets. The site lines need to be shown on the grading plan and landscape plan. All landscaping within the limited use area will need to comply with the County of Orange Public Facilities and Resources Department Standard No. 1117. (1) 4.4 A separate 24" by 36" street improvement plan, as prepared by a California Registered Civil Engineer will be required for all construction within the public right-of-way. Construction and/or replacement of any missing or damaged public improvements will be required adjacent to this development. Said plans shall include, but not be limited to the following: a) Curb and gutter b) Sidewalk, including curb ramps for the physically disabled c) Drive aprons d) Domestic water facilities e) Sanitary sewer facilities f) Underground utility connections In addition, a 24" by 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. (1) 4.5 Preparation and submittal of a final grading plan showing all pertinent elevations as they pertain to the public right-of-way along with delineating the following information: Exhibit A -Conditions of Approval Resolution No. 3731 CUP 99-031 & DR99-039 Page No. 10 a) Final street elevations at key locations. b) Final pad/finished floor elevations and key elevations for all site grading. All pad elevations to be a minimum of one (1.0) foot above the base flood elevation as defined by FEMA. c) All flood hazards of record. (1) 4.6 Prior to any work in the public right-of-way, an Encroachment Permit must be obtained and applicable fees paid to the Public Works Department. (3) 4.7 Current Federal Americans with Disabilities Act (ADA) requirements will need to be met at the drive aprons. This will require construction of a minimum four (4) foot wide sidewalk behind the drive apron. The maximum cross slope of the sidewalk shall be two (2) percent and the maximum ramp slope of the drive apron shall be ten (10) percent. This will require dedication of additional right-of- way to accommodate the sidewalk construction. A legal description and exhibit of the dedication area, as prepared by a California Registered Civil Engineer and/or California Licensed Land Surveyor, shall be submitted to the Engineering Division for review and approval. (1) 4.8 This development shall comply with all provisions of the City of Tustin Water Quality Ordinance and all Federal, State and Regional Water Quality Control Board rules and regulations as they relate to vehicle repair facilities. The loading and storage areas shall be designed so that any spills can be contained and collected with no adverse effect to the drainage runoff from the site. FIRE (1) 5.1 Show and label all required fire protection access easements and pathways. Conditions of approval will be included to 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 area(s). (1) 5.2 Prior to the issuance of a grading permit or building permit, the applicant shall submit a fire hydrant location plan for the review and approval of the Fire Chief. (1) 5.3 Prior to the issuance of a building permit, the applicant shall submit to the Fire Chief evidence of the on-site fire hydrant system and indicate whether it is public or private. If the system is private, the system shall be reviewed and approved by the Fire Chief prior to the issuance of a building permit. 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. Exhibit A -Conditions of Approval Resolution No. 3731 CUP 99-031 & DR99-039 Page No. 11 (1) 5.4 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 or drive per the Orange County Fire Authority Standard as approved by the Fire Chief. These markers are to be maintained in good condition by the property owner. (1) 5.5 Prior to the issuance of a building permit, the applicant shall provide evidence of adequate fire flow. The OCFA Water Availability for Fire Protection form shall be signed by the applicable water district and submitted for approval to the OCFA. If sufficient water to meet fire flow requirements is not available, an automatic fire extinguishing system may be required in each structure affected by insufficient fire flow. (1) 5.6 Prior to the issuance of a building permit, a note shall be placed on the plan stating that all commercial structures over 6,000 square feet, all structures exceeding OCFA access requirements, and any structure classified as an "H" occupancy shall be protected by an automatic fire sprinkler system, in a manner meeting the approval of the Fire Chief. The City of Tustin Building Division shall make the final determination as to the classification of occupancy. (1) 5.7 Prior to the issuance of a building permit, the applicant shall submit plans for any required automatic fire sprinkler system in any structure to the OCFA for review and approval. 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 Fire Chief. (1) 5.8 Prior to the issuance of any grading permits, the applicant shall submit and obtain approval of plans for all roads, streets, courts and drives, public or private, from the Fire Chief in consultation with the Manager, Subdivision and Grading Services. The plans shall include the plan view, sectional view, and indicate the grade and width of the street or drive measured flow line to flow line. All proposed fire apparatus turnarounds shall be approved by the Fire Chief and if needed, clearly marked when adead-end street or drive exceeds 150 feet or when otherwise required. The plans shall contain a note prohibiting speed bumps/humps, control gates or other modifications within any access roads/drives unless prior approval of the Fire Chief is granted. (1) 5.9 A note shall be placed on the fire protection access easement plan indicating that all street/road signs shall be designed and maintained to be either internally or externally illuminated in a manner meeting the approval of the Fire Chief. Exhibit A -Conditions of Approval Resolution No. 3731 CUP 99-031 & DR99-039 Page No. 12 (1) 5.10 Prior to the issuance of a building permit, the applicant shall submit plans and obtain approval from the Fire Chief for fire lanes on required fire access roads less than thirty-six (36) feet in width. The plans shall indicate the locations of red curbing and signage. A drawing of the proposed signage with the height, stroke and color of the lettering and the contrasting background color shall be submitted to and approved by the Fire Chief. Prior to issuance of a certificate of use and occupancy, all fire lanes shall be installed in accordance with the approved fire access road plans. (1) 5.11 Prior to the issuance of any grading permits, the applicant shall submit and obtain the Fire Chief's approval for the construction across any required fire access road/drive. Contact the OCFA at 714.744.0403 for a copy of the "Guidelines for Fire Authority Emergency Access". (1) 5.12 Prior to the issuance of a building permit for combustible construction, the builder shall submit a letter on company letterhead stating that water for fire fighting purposes and the all-weather fire protection access roads shall be in place and operational before any combustible material is placed on site. (1) 5.13 Prior to the issuance of any grading or building permits, the applicant shall submit to the Fire Chief a list of the quantities of all hazardous, flammable and combustible materials, liquids or gases to be stored, used or handled on site. These liquids and materials shall be classified according to the Uniform Fire Code using the "OCFA Chemical Classification Handout". The submittal shall provide a summary sheet listing each hazard class, the total quantity of chemicals stored per class and the total quantity of chemicals used in that class. All forms of materials are to be converted to units of measure in pounds, gallons and cubic feet. (1) 5.14 Prior to the issuance of a building permit, the applicant shall contact the OCFA 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 prior to the issuance of a building permit. (1) 5.15 Prior to the issuance of any building permits, the applicant shall submit a detailed letter of intended use for each building on site to the Fire Chief for review and approval. (1) 5.16 Prior to the issuance of a building permit, the applicant shall submit plans for the review and approval of the Fire Chief as indicated on the OCFA Plan Submittal Criteria form. Contact the OCFA at 714.744.0499 for a copy of the Fire Safety/Architectural Notes to be placed on the plans prior to submittal. If the final classification of the structures by the City of Tustin Building Division is an "S-3" occupancy, this condition may be waived. Exhibit A -Conditions of Approval Resolution No. 3731 CUP 99-031 & DR99-039 Page No. 13 (1) 5.17 Prior to the issuance of a building permit or installation of an above-ground or underground storage tank, plans shall be submitted to the Fire Chief for review and approval. FEES (1) 6.1 Prior to issuance of any building permits, payment shall be made of all applicable fees, including but not limited to the following. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. A. Building plan check and permit fees, including any applicable permit penalties to the Community Development Department based on the most current schedule. B. Orange County Fire Authority plan check and inspection fees to the Community Development Department based upon the most current schedule. C. Payment of the Major Thoroughfare and Bridge Fees to the Tustin Public Works Department at the time of permit issuance. The current fee is $3.09 per square foot of building area. D. Payment of the Orange County Sanitation District No. 7 Sewer Connection Fees at the time of permit issuance. The current fee is $675.00 per 1,000 square feet of building area. E. Transportation System Improvement Program (TSIP) Benefit Area "B" fees in the amount of $3.31 per square foot of new building floor area. F. New development tax in the amount of $0.10 per square foot of new floor area to the Community Development Department. G. School facilities fee to the Tustin Unified School District subject to any agreement reached and executed between the District and the applicant. (2) 6.2 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 $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.