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HomeMy WebLinkAboutPC RES 4271RESOLUTION NO. 4271 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 17717 AND DESIGN REVIEW 2014 -02 AUTHORIZING THE SUBDIVISION OF AN APPROXIMATELY 2.25 ACRE PARCEL CONSISTING OF ONE (1) NUMBERED LOT FOR THE DEVELOPMENT OF TWENTY -SIX (26) SINGLE FAMILY DETACHED CONDOMINIUM RESIDENCES LOCATED AT 1872 SAN JUAN STREET. The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That proper application has been submitted by Watt Communities LLC for Tentative Tract Map 17717 and Design Review 2014 -02 for the subdivision of an approximately 2.25 acre parcel consisting of one (1) numbered lot for the development of twenty -six (26) single family detached condominiums located at 1872 San Juan Street. B. That the property is zoned as Suburban Residential (R4) and has a General Plan Land Use Designation of High Density Residential. 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 a public hearing was duly called, noticed, and held for Tentative Tract Map 17717 and Design Review 2014 -02 on October 14, 2014, by the Planning Commission. D. That as conditioned, the map would be in conformance with the State Subdivision Map Act and Tustin City Code Section 9323 (Subdivision Code) in that; 1. The proposed Tentative Tract Map 17717 and improvements are consistent with the Tustin General Plan (High Density Residential), Suburban Residential (R4) zoning designation, Tustin City Code, and Subdivision Map Act. 2. The site is physically suitable for the type of development and proposed density in that the development of twenty -six (26) dwelling units on an approximately 2.25 acre parcel is within the allowable density requirements. 3. The design of the proposed subdivision and improvements are not likely to cause substantial environmental damage or substantially and Resolution No. 4271 Page 2 avoidably injure fish or wildlife or their habitat in that the development is located on an improved parcel within an urbanized area. 4. The design of the subdivision or the types of improvements proposed are not likely to cause serious public health problems in that the development is in compliance with the Zoning Code and will be required to comply with the applicable building and life safety codes. 5. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision in that existing easements will remain and new easements will be established for servicing the development. 6. That the waste discharge from the proposed subdivision into a community sewer system will not result in or add to violations of existing requirements prescribed by the Regional Water Quality Control Board in that the development will be permitted through the Orange County Sanitation District to utilize community sewer facilities. 7. That corrective measures have been proposed by a civil engineer registered by the State for the highly expansive soils identified in the geotechnical engineering investigation. All recommendations will be implemented in the plan design prior to issuance of building permits for the project. E. That the City's Public Works Department has reviewed the map and determined that, as conditioned, it is technically correct. F. That the traffic assessment for the project concluded that the traffic impact potential associated with the proposed project will be insignificant and negligible and the intersections in the vicinity of the project are not likely to be significantly impacted due to the nominal amount of traffic generated by the project. G. That the project meets the development standards of the Suburban Residential (R4) zoning district. H. That the subject property currently extends to the centerline of San Juan Street and the subdivider will be required to dedicate in fee title, at no cost to the City of Tustin, the street rights -of -way along San Juan Street adjacent to property frontages. That Tustin City Code Section 9331d requires the subdivider to pay a fee in lieu of providing a parkland dedication. Resolution No. 4271 Page 3 J. That the location, size, and general appearance of the proposed project as conditioned is compatible with the surrounding area in that there are existing two story single family residences in the area of a similar massing and scale. In addition, the architectural design, features, and color palette are representative of other single family residences throughout the City. The proposal 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 Planning Commission has considered at least the following items: 1. Height, bulk, and area of proposed structure. 2. Setbacks and site planning. 3. Exterior material and colors. 4. Type and pitch of roofs. 5. Size and spacing of windows, doors and other openings. 6. Towers, chimneys, and roof structures. 7. Landscaping, parking area design and traffic circulation. 8. Location, height and standards of exterior illumination. 9. 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. K. That the City Building Official has approved a deviation from the Construction Standards for Private Streets, Storm Drain and On -Site Private Improvements for the use of rolled curbing within the development. L. That this project is Categorically Exempt pursuant to Section 15332 of the California Code of Regulations (Guidelines for the California Environmental Quality Act) pertaining to in -fill development projects. The development meets all of the following requirements for categorical exemption under Section 15332. a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. As proposed, the project meets the intent of the High Density General Plan Land Use Designation and is in compliance with the development standards contained within the City Zoning Code. Resolution No. 4271 Page 4 b) The proposed development occurs within City limits on a project site of no more than five (5) acres substantially surrounded by urban uses. The project site is located within City limits on an approximately 2.25 acre parcel and is surrounded by built out urban uses. c) The project site has no value, as habitat for endangered, rare or threatened species. The property is within an urbanized area and is currently developed for residential purposes. The site has no value as habitat for endangered, rare, or threatened species. d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. The applicant has provided a traffic assessment, noise analysis, and preliminary water quality management plan for the proposed project. The traffic assessment concluded that the project would not have a significant impact in intersections within the vicinity and no further analysis was recommended. All recommendations of the noise and water studies will be implemented in the construction of the development. The proposed project is below the thresholds of significance established by Tables 6 -2 (operation thresholds) and 6 -3 (construction thresholds) of the Air Quality Management District's CEQA Air Quality Handbook. e) The site can be adequately served by all required utilities and public services. The project site is already being served by existing utilities. Utility providers were notified of the proposed project and appropriate connections are available to serve the site. II. The Planning Commission hereby approves Tentative Tract Map 17717 and Design Review 2014 -02 authorizing the subdivision of an approximately 2.25 acre parcel consisting of one (1) numbered lot and the development of twenty -six (26) single family detached condominiums located at 1872 San Juan Street, subject to the conditions contained within Exhibit A, attached hereto. Resolution No. 4271 Page 5 PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 14th day of October, 2014. 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 meetin g on the 14th day of October, 2014. PLANNING COMMISSIONER AYES: PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: ELIZABETH A. BINSACK Planning Commission Secretary cm JEFF R. THOMPSON Chairperson hereby certify that I am the Planning California; that Resolution No. 4271 was of the Tustin Planning Commission, held Altowaiji, Kozak, Lumbard, Smith, Thompson (5) EXHIBIT A RESOLUTION NO. 4271 TENTATIVE TRACT MAP 17717 AND DESIGN REVIEW 2014 -02 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped October 14, 2014, 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 Within twenty -four (24) months from tentative map approval, the applicant shall record with appropriate agencies a final map prepared in accordance with subdivision requirements of the Tustin City Code, the State Subdivision Map Act, and applicable conditions contained herein unless an extension is granted pursuant to Section 9323 of the Tustin City Code. The Final Map shall be submitted at least 90 days prior to the expiration of the Tentative Map for review, processing, and recording prior to the expiration of the Tentative Map. Time extensions shall be in conformance with the provision of the Tustin City Code and State Subdivision Map Act. (1) 1.3 Approval of Design Review 2014 -02 shall become null and void unless permits for the proposed project are issued and substantial construction is underway within one (1) year 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 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified, subject to review and approval by the Community Development Department. (1) 1.5 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. 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. 4271 Page 2 (1) 1.6 Any violation of any of the conditions imposed is subject to issuance of an administrative citation pursuant to TCC 1162(a). (1) 1.7 Approval of Tentative Tract Map 17717 and Design Review 2014 -02 is contingent upon the applicant and property owner signing and 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) 1.8 As a condition of approval of Tentative Tract Map 17717 and Design Review 2014 -02 the applicant shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision - making body, including staff, concerning this project. The City agrees to promptly notify the applicant of any such claim or action filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in defense of any such action under this condition. BUILDING PLAN SUBMITTAL (3) 2.1 At the time of building permit application, the plans shall comply with the latest edition of the codes (2013 California Residential Code, 2013 California Green Building Code), City Ordinances, State, Federal laws, and regulations as adopted by the City Council of the City of Tustin. (1) 2.2 All private on -site design and construction of improvement work shall be designed and performed in accordance with the applicable portions of the City of Tustin's "Grading Manual" and "Construction Standards for Private Streets, Storm Drain and On -Site Private Improvements," except as otherwise approved by the Building Official. Said plans shall include, but not be limited to, the following: A. Curbs and gutters on all streets; B. Sidewalks on all streets, including curb ramps for the physically disabled; all sidewalks, pathways, and paseos shall comply with the provisions of the American with Disabilities Act; C. Drive aprons; Exhibit A Resolution No. 4271 Page 3 D. Signing /striping plan; E. Street and drive aisle paving; all private streets, drive aisles, and curb return radii shall be consistent with the City's design standards for private street improvements, unless otherwise approved by the Building Official, and all roadway and driveway widths and parking area widths (and lengths where appropriate) shall be dimensioned on the plans; F. Sanitary sewer facilities: All sanitary sewer facilities must be submitted as required by the Building Official and Orange County Sanitation District (OCSD). These facilities shall be consistent with the standards of the OCSD; G. Underground utility connections: All utility lines shall be placed underground; H. Fire hydrants; and Telecommunications facilities including, but not limited to, telephone and cable television facilities. Developer is required to coordinate design and construction of cable television facilities with a City- franchised system operator and shall not place an undue burden upon said operator for the provision of these facilities. (" * *) 2.3 The development plans shall incorporate all recommendations from the Geotechnical Engineering Investigation to mitigate the impacts of the highly expansive soil. All foundation systems shall be designed to resist the expansive characteristics of the soil. (3) 2.4 A minimum of one (1) disabled parking space shall be "Van Accessible." (3) 2.5 All roofing materials shall be class A rated. (1) 2.6 Prior to the issuance of building permits, the applicant shall submit a photometric lighting plan showing compliance with the Tustin Security Code, which requires a minimum one foot - candle of light on the private drives and parking surfaces and a minimum of one - quarter foot - candle of light on the walking surfaces. The lighting plan is to be overlaid onto a tree landscape plan. (1) 2.7 If project phasing is proposed, the applicant shall submit a phasing plan to the Community Development Department for review and approval. Exhibit A Resolution No. 4271 Page 4 ARCHITECTURE (4) 3.1 Project materials shall comply with those identified in the approved plans. Additional color and material samples may be requested by City staff at the time of plan check. Substitutions to the approved materials may occur subject to the approval of the Community Development Director. Enhancements to the architectural detailing may be required at the time of plan check based on the proposed materials. (4) 3.2 All exterior windows and doors shall be articulated with trim complimentary to the architectural style of the residence. Window frames and mullions /muntins shall be of a rich color characteristic of the proposed Spanish and Monterey architectural styles to provide contrast. (4) 3.3 All mechanical and electrical fixtures and equipment shall be adequately and decoratively screened. The screen shall be included as an element of the overall design of the project and blend with architectural design of the building. All telephone and electrical boxes shall be identified on the construction plans. Electrical transformers shall be located toward the interior of the project to minimize visual impacts and screened by adequate landscaping or other effective screening devices. LANDSCAPING /HARDSCAPE (1) 4.1 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: A. 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. B. 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. C. Show all property lines on the landscaping and irrigation plans, public right -of -way areas, sidewalk widths, parkway areas, and wall locations. D. The Community Development Department may request minor substitutions of plant materials or request additional sizing or quantity of materials during plan check. Exhibit A Resolution No. 4271 Page 5 E. Add a note that coverage of landscaping and irrigation materials is subject to inspection at project completion by the Community Development Department. F. 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 G. Shrubs shall be a minimum of five (5) gallon size and shall be placed a maximum of five (5) feet on center. Other sizes and spacing may be permitted subject to approval of the Community Development Department. H. Ground cover shall be planted eight (8) to twelve (12) inches on center, or as approved by the Community Development Department. I. Fences, wall, and equipment areas shall be screened with walls, vines, and /or trees. J. 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. (4) 4.2 On -site walls and fences shall be noted on the plans with specific materials, colors, and decorative treatments subject to the review and approval of the Community Development Department. (4) 4.3 The perimeter wall shall be constructed of high quality materials and complementary to the project architecture subject to final approval of the Community Development Department. (1) 4.4 Trees in the landscape setbacks adjacent to public rights -of -way shall be provided in a variety of sizes to ensure initial maturity along project perimeter. (4) 4.5 The subdivider shall utilize existing on -site trees where possible and when feasible to relocate. There are a number of very mature specimen cycas species (sago palm) on -site, which is a species identified in the preliminary plant palette, that can be reused to enhance the landscaping and overall appearance of the development. Prior to issuance of a demolition or grading permit, a state licensed landscape architect shall evaluate which if any trees on -site can be relocated. Exhibit A Resolution No. 4271 Page 6 (4) 4.6 An enhanced entry to the community shall be provided and consist of mature specimen trees. Community signage may be incorporated into the project entry in accordance with the Tustin Sign Code. (4) 4.7 Trees shall be provided along the rear property wall with a dense spacing to create a buffer between the development and the adjacent single family residences. (1) 4.8 Backflow devices and double detector checks shall be painted to match surrounding landscaping when in planters or painted to match the building when located adjacent to. Landscaping shall be utilized to screen the devices where possible. (1) 4.9 The subdivider shall pay park fees in lieu of dedication in compliance with Tustin City Code Section 9331d. Said fees shall be paid prior to issuance of Certificate of Occupancy for the first dwelling unit. USE RESTRICTIONS (5) 5.1 Individual trash cart service may be provided on the site. Trash carts shall be placed only in the locations identified on an approved "Trash Pick -up Plan" up to twelve (12) hours prior to regularly scheduled trash collection and shall be removed within twelve (12) hours of trash collection. (1) 5.2 No outdoor storage shall be permitted during grading or building stages, except as approved by the Community Development Director. ( * * *) 5.3 Design and construction of all on -site and off -site developer required public infrastructure and in -tract private streets and utility systems shall be constructed prior to issuance of the first Certificate of Occupancy. Model units may be constructed prior to completion of infrastructure if adequate ingress and egress is provided to the satisfaction of the Building Official and Orange County Fire Authority. (1) 5.4 Single family residences with five (5) or more bedrooms require three (3) parking spaces within a fully enclosed garage pursuant to Tustin City Code Section 9263. Plan 3 offers a loft space which has the potential for conversion to a fifth bedroom. An additional parking space within an enclosed garage would need to be provided in order to utilize the loft space as a bedroom. Prior to building permit issuance, a deed restriction shall be recorded to the Plan 3 properties to ensure that purchasers of the property and future owners are aware of the restrictions on the use of the dwelling. Exhibit A Resolution No. 4271 Page 7 CC &Rs (1) 6.1 All organizational documents for the project including any covenants, conditions, and restrictions (CC &Rs) shall be submitted to and approved by the Community Development Department, City Attorney's Office, and Special Counsel. Costs for such review shall be borne by the subdivider. The approved CC &Rs shall be recorded with County Recorder's Office prior to issuance of the first certificate of occupancy. A copy of the final documents shall be submitted to the Community Development Department after recordation. (1) 6.2 No Certificate of Occupancy shall be issued, unless a homeowners association has been legally formed with the right to assess all these properties which are jointly owned or benefited to operate and maintain all other mutually available features of the development including, but not limited to, open space, amenities, landscaping, or slope maintenance landscaping, private streets, and utilities. No dwelling unit shall be sold unless all approved and required open space, amenities, landscaping, or other improvements, or approved phases thereof, have been completed or completion is assured by a development agreement or financing guarantee method approved by the City. The CC &Rs shall include, but not be limited to, the following provisions: A. The City shall be included as a party to the CC &Rs for enforcement purposes of those CC &R provisions in which the City has interest as reflected in the following provisions. However, the City shall not be obligated to enforce the CC &Rs. B. The requirement that association bylaws be established. C. Provisions for effective establishment, operation, management, use, repair, and maintenance of all common areas and facilities including amenities, landscaped areas and lots, walls and fences, private roadways, and paseos. D. Membership in the homeowners association shall be inseparable from ownership in individual units. E. Architectural controls shall be provided and may include, but not be limited to, provisions regulating exterior finishes, roof materials, fences and walls, accessory structures such as patios, sunshades, trellises, gazebos, awnings, exterior mechanical equipment, television and radio antenna, consistent with the Tustin City Code. F. Maintenance standards shall be provided for applicable items listed in Section C above in CC &Rs. Examples of maintenance standards are shown below. Exhibit A Resolution No. 4271 Page 8 1. All common area landscaping and private areas visible from any public way shall be properly maintained such that they are evenly cut, evenly edged, free of bare or brown spots, debris, and weeds. All trees and shrubs shall be trimmed so they do not impede vehicular or pedestrian traffic. Trees shall be pruned so they do not intrude into neighboring properties and shall be maintained so they do not have droppings or create other nuisances to neighboring properties. All trees shall also be root pruned to eliminate exposed surface roots and damage to sidewalks, driveways, and structures. 2. All private roadways, sidewalks, and open space areas shall be maintained so that they are safe for users. Significant pavement cracks, pavement distress, excessive slab settlement, abrupt vertical variations, and debris on travel ways should be removed or repaired promptly. 3. Common areas shall be maintained in such a manner as to avoid the reasonable determination of a duly authorized official of the City that a public nuisance has been created by the absence of adequate maintenance such as to be detrimental to public health, safety, or general welfare. G. Homeowners association approval of exterior improvements requiring a building permit shall be obtained prior to requesting a building permit from the City of Tustin Community Development Department. All plans for exterior improvements shall conform to requirements set forth by the City and the CC &Rs. H. Private open space areas within the common area shall be illustrated on a 'Private Open Space Exhibit' and shall be made part of the CC &Rs and shall specify those portions of the common open space area that are allocated for private use. The CC &Rs shall include provisions for authorized uses and structures, access, maintenance, and restrictions in the private use areas. I. A 'Parking and Circulation Exhibit' shall be made part of the CC &Rs and shall be enforced by the homeowners association. In addition to the exhibit, provisions regarding parking shall be included in the CC &Rs, including the following: 1. All units are required to maintain a two -car garage. Exhibit A Resolution No. 4271 Page 9 2. A minimum of ten (10) unassigned guest parking spaces shall be permanently maintained in locations shown on the "Parking and Circulation Exhibit." 3. Residents shall not store or park any non - motorized vehicles, trailers or motorized vehicles that exceed 7 feet high, 7 feet wide, and 19 feet long in any parking space, driveway, or private street area except for the purpose of loading, unloading, making deliveries or emergency repairs except that the homeowners association may adopt rules and regulations to authorize exceptions. 4. Residents shall park vehicles in garage spaces. Storage of personal items may occur in the garages only to the extent that vehicles may still be parked within the required garage spaces. 5. The homeowners association shall be responsible for monitoring and enforcing all parking and traffic regulations on private streets. The proposed CC &Rs shall include provisions requiring the association to develop and adopt an enforcement program for parking and traffic regulations within the development which may include measures for fire access and enforcement by a private security company. J. Provisions for enforcing individual trash cart placement at designated curb areas as shown on the approved "Trash Pick -up Plan" no earlier than twelve (12) hours prior to the scheduled collections and removed within twelve (12) hours of collection. K. Maintenance of all common areas, public and private park areas, streets, alleys, paseos, etc., shall be by the homeowners association. L. Television and radio antennas shall be installed in accordance with the requirements of the Tustin City Code. M. All utility services serving the site shall be installed and maintained underground. N. The homeowners association shall be required to file the names, addresses, and telephone numbers of at least one member of the homeowners association Board and, where applicable, a manager of the project before January 1 st of each year with the City of Tustin Community Development Department for the purpose of contacting the association in the case of emergency or in those cases where the City has an interest in CC &R violations. Exhibit A Resolution No. 4271 Page 10 O. The homeowners association shall be responsible for establishing and following procedures for providing access to public utilities for maintenance of their facilities within the project area, subject to those agencies' approval. P. No amendment to alter, modify, terminate, or change the homeowners association's obligation to maintain the common areas and the project perimeter wall or other CC &R provisions in which the City has an interest, as noted above, or to alter, modify, terminate, or change the City's right to enforce maintenance of the common areas and maintenance of the project perimeter wall, shall be permitted without the prior written approval of the City of Tustin Community Development Department. HOMEBUYER NOTIFICATION (1) 7.1 Prior to recordation of the final map, the subdivider shall submit to the Community Development Department for review and approval a homebuyer notification document that includes the notifications listed below. The notification document shall be signed by each homebuyer prior to final inspection and occupancy, and a copy of the signed notification shall be provided to the Community Development Department prior to final inspection and /or issuance of each Certificate of Occupancy. A. A notice regarding units that are adjacent to aboveground utilities or structures (such as light standards and fire hydrants) identifying the type of structure and their locations. B. A notice indicating that any use of a residence for a business shall be subject to the City's Home Occupation Ordinance and may require zoning clearance and a business license. C. A notice explaining the easements, facilities, amenities, and dedications that will be provided and indicating all on -site streets, alleys, paseos, and common areas are to be maintained by the homeowners association. D. A notice stating trash bins shall be placed in designated curb areas as shown on the approved "Trash Pick -up Plan" no earlier than twelve (12) hours prior to the scheduled collections and removed within twelve (12) hours of collection. E. A notice explaining and providing a copy of the approved "Parking Plan" and related CC &Rs provisions. Exhibit A Resolution No. 4271 Page 11 ORANGE COUNTY FIRE AUTHORITY (1) 8.1 Prior to issuance of a grading permit the applicant or responsible party shall submit a fire master plan (service code PR145) to the Orange County Fire Authority for review. Approval shall be obtained prior to the issuance of grading or building permits. (1) 8.2 Prior to issuance of a building permit, the applicant or responsible party shall submit a fire sprinkler system (service codes PR400- PR465) to the Orange County Fire Authority for review. Approval shall be obtained prior to the issuance of building permits. (1) 8.3 Specific submittal requirements may vary from those listed above depending on actual project conditions identified or present during design development, review, construction, inspection, or occupancy. Standard notes, guidelines, submittal instructions, and other information related to plans reviewed by the OCFA may be found by visiting www.ocfa.org and clicking on "Fire Prevention" and then "Planning & Development Services." NOISE (1) 9.1 In accordance with the Noise Analysis, all units shall be constructed with the recommended sound attenuation construction details to achieve the minimum noise level standards pursuant to the City's Noise standards. The construction methods shall incorporate the following: A. Roofs incorporating tiles on the exterior and gypsum drywall on the interior surface. Joist spaces which are insulated and roofs sloped. B. Exterior walls with wood stud construction with stucco on the exterior and gypsum drywall on the interior. All exterior walls shall include insulation in the stud cavities. C. All operable and fixed windows and French and sliding glass doors must have a STC rating of at least 26. Glass on windows and doors must be dual glazed or double paned. D. All window and door assemblies shall be well fitted and well weather - stripped. The perimeters of all windows and door frames shall be sealed to the exterior wall construction with weather resistant sealant. GRADING AND DRAINAGE CONDITIONS (1) 10.1 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. Exhibit A Resolution No. 4271 Page 12 (1) 10.2 Prior to issuance of any permits, the applicant shall submit for approval by the Community Development and Public Works Departments, a Final 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) 10.3 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) 10.4 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 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. (1) 10.5 Prior to issuance of a Grading Permit, 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 Quality Control Board. (1) 10.6 Preparation of a sedimentation and erosion control plan for all work related to this development shall be required. (1) 10.7 Prior to issuance of a Grading Permit, a final grading plan, prepared by a California Registered Civil Engineer, shall be submitted and approved. The grading plan shall be consistent with the approved site and landscaping plans. (1) 10.8 Prior to issuance of a Grading Permit, a grading bond (on a form acceptable to the City) will be required. The engineer's estimate, which covers the cost of all work shown on the grading plan, including grading, drainage, water, sewer and erosion control, shall be submitted to the City for approval. (1) 10.9 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. Exhibit A Resolution No. 4271 Page 13 PUBLIC IMPROVEMENTS (1) 11.1 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) 11.2 The applicant shall dedicate in fee title, at no cost to the City of Tustin, the street rights -of -way along San Juan Street adjacent to property frontages. (1) 11.3 The applicant shall remove the existing driveways, remove the existing red curb paint adjacent to the old driveway, design and install new curb & gutter and sidewalk at the old driveway locations, design and construct the new twenty -seven (27) feet wide (minimum) radius type commercial driveway per the City of Tustin Public Works Department commercial driveway standard, and paint 10 —feet of red curb on both sides of the new driveway. (1) 11.4 Prior to issuance of an Encroachment Permit, the applicant shall submit to the Public Works Department 24" x 36" reproducible street improvement plans, as prepared by a California Registered Civil Engineer, for approval. The plans shall clearly show existing and proposed surface and underground improvements, including construction and /or replacement of any missing or damaged public improvements adjacent to this development. Said plans shall include, but not be limited to, the following: a) Curb and gutter f) Catch basin /storm drain b) Sidewalk, including curb laterals /connection to existing ramps for the physically storm drain system disabled g) Domestic water facilities c) Drive aprons h) Sanitary sewer facilities d) Signing /striping i) Landscape / irrigation e) Street lighting j) Dry utility lines (1) 11.5 Prior to issuance of an Encroachment Permit for construction within the public right -of -way, a 24" x 36" construction area traffic control plan, as prepared by a California Registered Traffic Engineer, or Civil Engineer experienced in this type of plan preparation, shall be prepared and submitted to the Public Works Department for approval. (1) 11.6 Current Federal Americans with Disabilities Act (ADA) requirements shall be met at all driveways and sidewalks adjacent to the site. City of Tustin standards shall apply, unless otherwise approved by the City Engineer. Depending on the applicable City standard, an easement on private property for pedestrian access may be required. In this case, a legal description and sketch of the dedication area, as prepared by a California Exhibit A Resolution No. 4271 Page 14 Registered Civil Engineer or California Licensed Land Surveyor, shall be submitted to the Public Works Department for review and approval. (1) 11.7 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) 11.8 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 2009, 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. (1) 11.9 Prior to issuance of a Building Permit(s), the applicant shall provide written approval from the Orange County Sanitation District for sanitary sewer service connections. (1) 11.10 Any damage done to existing public street improvements and /or utilities shall be repaired to the satisfaction of the City Engineer before acceptance of the tract and /or issuance of a Certificate of Occupancy for the development on any parcel within the subdivision. (1) 11.11 The applicant shall submit legal descriptions and sketches of easements for emergency vehicle access and public services ingress and egress purposes over the private streets and driveways at no cost to the City. Said easements shall be prepared by a California Licensed Civil Engineer or California Licensed Land Surveyor. A current Title Report, applicable back up documents, and plan check deposit shall also be submitted to the Public Works Department for review and approval. WATER IMPROVEMENTS (1) 12.1 Prior to issuance of an Encroachment Permit, the applicant shall submit 24" x 36" reproducible water improvement plans to the Public Works Department for review and approval. The plans shall be prepared by a Exhibit A Resolution No. 4271 Page 15 California Registered Civil Engineer and shall clearly show existing and proposed water improvements, as well as other topographic features and underground utilities. Plans must follow the latest City of Tustin Water Standards and the American Water Works Association (AWWA) guidelines. In case of a conflict, the City of Tustin Water Standards shall prevail. (1) 12.2 In accordance with the plans, a backflow prevention device may be required to protect the public water system from cross connections. A. If a double check detector assembly (DCDA) is required, an easement for public utility access purposes must 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. B. If a building sprinkler system is required by the Orange County Fire Authority (OCFA), the applicant shall be required to provide a backflow prevention device at his or her expense to prevent cross contamination with the public water system. C. If the applicant proposes to use an irrigation system, then a separate water meter may be required. If this is the case, a reduced pressure principle assembly (RPPA) shall be required to prevent cross - connection with the public water system. (1) 12.3 Any easements for construction and maintenance of public water facilities within private property shall be reviewed and approved by the Public Works Department prior to recordation with the Orange County Clerk - Recorder. 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) 12.4 The applicant shall design and install a new public fire hydrant along San Juan Street west of the new drive approach. (1) 12.5 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. (1) 12.6 A release /approval from the East Orange County Water District ( EOCWD) shall be obtained 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. Exhibit A Resolution No. 4271 Page 16 (1) 12.7 The adequacy of a proposed water system plan for a proposed development project, including the number, size and distribution of fire hydrants, must be reviewed by the OCFA. Plans meeting OCFA fire protection requirements must be stamped and approved by that agency. (1) 12.8 The proposed domestic water system plans must conform to all applicable regulations enforced by the Orange County Health Department. SOLID WASTE RECYCLING (1) 13.1 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 or the amount required by the California Green Building Standards Code. 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 the following amounts: Single Family Residential. All single family residential projects shall submit a security deposit in the amount of five (5) percent of the project's valuation as determined by the Building Official, rounded to the nearest thousand. The minimum deposit amount shall by $500 and the maximum deposit amount shall be $2,500. FINAL TRACT MAP (1) 14.1 Preparation and recordation of a final subdivision map shall be required. (1) 14.2 Prior to recordation of the final map, the applicant is required to execute a subdivision and monumentation agreement and furnish improvement and monumentation bonds, all on forms acceptable to the City. (1) 14.3 Prior to issuance of a Building Permit(s), the applicant shall submit an 8'/:° x 11" street address map exhibit to the Public Works Department for review and approval. The address map exhibit shall be in portable document format (PDF) and shall include the site plan, foot print of building(s), and streets. FEES (1)(5) 15.1 Prior to issuance of each building permit, payment shall be made of all applicable fees, including but not limited to, the following. Payment shall be Exhibit A Resolution No. 4271 Page 17 required based upon those rates in effect at the time of payment and are subject to change. a. Building plan check and permit fees to the Community Development Department based on the most current schedule at the time of permit issuance. b. Engineering plan check and permit fees to the Public Works Department based on the most current schedule at the time of permit issuance. c. OCFA plan check and inspection fees to the Community Development Department based upon the most current schedule at the time of permit issuance. d. Payment of Major Thoroughfare and Bridge Fees to the Tustin Public Works Department are required at the time a building permit is issued. e. Sewer connection fees to the Orange County Sanitation District. f. New development tax fee in the amount of $350.00 per unit or as updated by the most current rate. g. School facilities fee in the amount as required by Tustin Unified School District. h. Parkland fees in lieu of dedication (prior to first Certificate of Occupancy). (1) 15.2 Within forty -eight (48) hours of final approval of the 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 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.