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HomeMy WebLinkAboutPC RES 3872RESOLUTION NO. 3872 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN APPROVING DESIGN REVIEW 02-032 AND CONDITIONAL USE PERMIT 02-026 AUTHORIZING SITE AND ARCHITECTURAL DESIGN FOR CONSTRUCTION OF A 22,208 SQUARE FOOT COMMERCIAL CENTER AND A 75,491SQUARE FOOT SELF-STORAGE FACILITY AND ESTABLISHMENT OF RETAIL USES, RESTAURANT USES WITH UP TO 123 SEATS, AND SELF-STORAGE WITH A CARETAKER UNIT LOCATED AT 1621 EDINGER AVENUE The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application for Design Review 02-032 and Conditional Use Permit 02-026 was filed by Tustin Barn L.L.C. requesting authorization to construct a 22,208 square foot commercial center and a 75,491 square foot self-storage facility and establish retail uses, restaurant uses with up to 123 seats, and self-storage with a caretaker unit uses at 1621 Edinger Avenue, also known as (Parcel 1 of Parcel Map recorded on October 29, 1974, for subdivision of Lot 67 in Block 10 of Irvine Subdivisions). B. That the proposed uses are consistent with the Tustin General Plan in that the property is designated as "Industrial" which provides for the establishment of light industrial and commercial uses. In addition, the project has been reviewed for consistency with the Air Quality Sub- Element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub-Element. C. The project is located within the Industrial "M" zoning district where office uses (less than 50 percent of gross floor area) are permitted and retail, restaurant, and self-storage uses and caretaker units are conditionally permitted in accordance with Section 9242 of the Tustin City Code. Do That a public hearing was duly called, noticed, and held on said application on May 12, 2003, by the Planning Commission. E. Pursuant to Section 9272 of the Tustin City Code, the Planning Commission finds that the location, size, architectural features, and general appearance of the proposed development will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole in that the building location, height, massing, and scale, and the proposed architectural design and site amenities are consistent with the existing retail buildings of the shopping center with the use of an arched veranda, keystones at the parapet, a matching storefront, and Resolution No. 3872 Page 2 features which are compatible with the setting and similar to other commercial uses in the area. In making such findings, the Commission has considered at least the following items: , 2. 3. 4. 5. 6. o 10. 11. 12. 13. 14. Height, bulk, and area of buildings; Setbacks and site planning; Exterior materials and colors; Type and pitch of roofs; Size and spacing of windows, doors, and other openings; Towers, chimneys, roof structures, flagpoles, radio and television antennae; Location, height, and standards of exterior illumination; Landscaping, parking area design, and traffic circulation; Location and appearance of equipment located outside an enclosed structure; Location and method of refuse storage; Physical relationship of proposed structures to existing structures in the neighborhood; Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares; Proposed signage; and, Development guidelines and criteria as adopted by the City Council. F, That the establishment of the proposed retail uses, restaurant uses, offices, self-storage facility, and caretaker unit, under the circumstances of this case, will not be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin in that: The proposed project complies with the development standards and requirements of the Industrial (M) zoning district and the City's landscape and parking design guidelines. Adequate parking would be provided and dispersed on the site and in proximity to all uses; , The mix of proposed uses is appropriate for the location of the site, which is on a prominent corner site at the intersection of two major arterial highways. While the self-storage facility alone would not be appropriate for such a visible corner on two major arterial highways, the mixture of commercial and self- storage buildings and uses will accommodate the existing easements and irregular shape of the site with the narrow portion of the site for passive uses (self-storage) and the larger, more'visible corner for active commercial uses. In addition, the Resolution No. 3872 Page 3 location of the commercial buildings and the dense landscaping along the self-storage facility (described later) minimizes the presence of the self-storage buildings and will create an attractive, viable center that provides a variety of services to the surrounding office and light industrial uses and the community. , The proposed caretaker unit would be ancillary to the self- storage facility and would only be occupied by the employee of the self-storage for the purpose of providing 24-hour security; , As conditioned, the proposed project would be required to meet the noise standards for commercial use, office use, and the caretaker unit with implementation of noise mitigation measures as recommended by the Noise Analysis dated April 21, 2003. Based on the submitted noise analysis, construction of the project will reduce the noise level from Edinger Avenue to the residential uses to the north of the project and result in a noise increase of one (1) decibel due to train noise reverberation from the three-story building. The existing noise level at the residential site is higher than residential standards as required by Tustin City Code Section 4614, and the increase of one (1) decibel related to train noise reverberation from the storage buildings would not be noticeable and is not considered significant; . As proposed, installation of a traffic signal at the main entry to the project would provide full and uninterrupted access to the site and the second gated access on Edinger Avenue would provide for emergency access and egress for the storage area; , The applicant has agreed to reserve a twenty (20) foot wide area along Edinger Avenue and an eighteen (18) foot wide area along Red Hill Avenue to accommodate implementation of the City's future roadway widening projects in accordance with the City's General Plan Circulation System. In addition, the applicant has agreed to provide a temporary construction easement over these areas to facilitate roadway construction; , The property owner would be required to bond for reconstruction of the Red Hill median upon completion of the Red Hill/Edinger Avenue Grade Separation Project. Reconstruction of the median would ensure continued access to the site in that the existing condition only provides right-turn in and right-turn out movements to and from the site on Red Hill Avenue and the future condition would provide right-turn in and left-turn out movements which would benefit the commercial uses on the site; Resolution No. 3872 Page 4 , As conditioned, adequate on-site and off-site pedestrian facilities will be provided in that the adjacent sidewalks and driveway aprons will be constructed to meet current Federal Americans with Disabilities Act (ADA) requirements; , The proposed landscape berming and location, species, quantities, and sizes of proposed landscaping materials, and an eight (8) foot block wall as permitted by Tustin City Code Section 9271(i)(3), would provide adequate screening of the self-storage facility from Edinger Avenue and residential uses to the north of the site. The remainder of the site would be landscaped with complementary materials in accordance with the City's Landscape and Irrigation Guidelines; 10. The architectural design of the self-storage facility and the commercial buildings incorporates similar massing, details, and materials to ensure compatibility. The commercial buildings are designed with architectural articulations such as curved metal roofing, decorative brackets, ledge stone columns, and a variety of materials to create a visually interesting and inviting center and the self-storage buildings incorporate simplified building forms in the same materials and colors with significant landscape screening G, That the Planning Commission has approved a Final Mitigated Negative Declaration for the project in conformance with the requirements of the California Environmental Quality Act by adopting Resolution No. 3871. II. The Planning Commission hereby approves Design Review 02-032 and Conditional Use Permit 02-026 to construct a 22,108 square foot commercial center and a 75,491 square foot self-storage facility and establish retail uses, restaurant uses with up to 123 seats, and self-storage with a caretaker unit at 1621 Edinger 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 May, 2003. , ,..? ..<.~ ~./LINI~A c. OEUU~ ELIZABETH A. BINSACK Planning Commission Secretary Resolution No. 3872 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 Planning Commission of the City of Tustin, California; that Resolution No. 3872 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 12th day of May, 2003. ELIZABETH A. BINSACK Planning Commission Secretary (1) 1.1 (1) 1.2 (1) 1.3 (1) 1.4 EXHIBIT A CONDITIONS OF APPROVAL RESOLUTION 3872 MAY 12, 2003 The proposed project shall substantially conform with the submitted plans for the project date stamped May 12, 2003, 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 or conditions of approval if such modifications are consistent with provisions of the Tustin City Code. This approval shall become null and void unless substantial construction is underway within twelve (12) months of the date of this Exhibit. The project, including the commercial buildings and self-storage buildings, shall be implemented in one (1) phase, as proposed by the applicant. Building permits for the commercial buildings shall be issued prior to or concurrent with the building permits for the self-storage facility, and all inspections for the commercial buildings shall be completed prior to completion of inspections for the self-storage buildings. In addition, the Certificate of Use and Occupancy for the commercial buildings shall be issued prior to issuance of the Certificate of Use and Occupancy for the self-storage buildings. Time extensions may be granted if a written request is received by the Community Development Department within thirty (30) days prior to expiration. All conditions in this Exhibit shall be complied with as specified, subject to review and approval by the Community Development Department. Approval of Design Review 02-032 and Conditional Use Permit 02-026 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. SOURCE CODES (1) (2) (3) (4) STANDARD CONDITION CEQA MITIGATION UNIFORM BUILDING CODE/S DESIGN REVIEW EXCEPTIONS (s) (6) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY Exhibit A Resolution No. 3872 May 12, 2003 Page 2 (1) 1.5 As a condition of approval of Design Review 02-032 and Conditional Use Permit 02-026, prior to issuance of a building permit, 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. (***) 1.6 Conditional Use Permit 02-026 may be reviewed annually or more often, if deemed necessary by the Community Development Department, to ensure compatibility with the area and compliance with the conditions contained herein. PLAN SUBMITTAL (3) 2.1 At the time of building permit application, the plans shall comply with the latest adopted codes, City Ordinances, and State and Federal laws and regulations. The City is currently using the 2001 California Building Code (CBC), 2001 California Mechanical Code (CMC), 2001 California Plumbing Code (CPC), 2001 California Electrical Code (CEC), California Title 24 Accessibility Regulations, and Title 24 Energy Regulations. (1) 2.2 Building plan check submittal shall include the following: · Seven (7) sets of construction plans, including drawings for mechanical, plumbing, and electrical. · Two (2) copies of structural calculations. · Two (2) copies of Title 24 energy calculations. · Elevations that include all proposed dimensions, materials, colors, finishes. · Roofing material shall be fire rated class "B" or better. · Note on plans that no field changes shall be made without prior approval from the Building Official and architect or engineer of record. · Rooftop equipment shall be installed and maintained at least six (6) inches below the parapet so the equipment is not visible from the public right-of-way or adjacent properties. · Details of all proposed lighting fixtures and a photometric study showing the location and anticipated pattern of light distribution of all proposed fixtures. · A letter of acceptance from Federal Disposal for location of the proposed trash enclosures. All trash enclosures shall be constructed in accordance with the City's standard detail and the requirements of Federal Disposal and shall be adequately screened. Exhibit A Resolution No. 3872 May12,2003 Page 3 (3) 2.3 (3) 2.4 (3) 2.5 (3) 2.6 (3) 2.7 (3) 2.8 (3) 2.9 (1) 2.10 The plans submitted shall indicate that restrooms are accessible to persons with disabilities as per State of California Accessibility Standards (Title 24). Plumbing fixture units are required to comply with the 2001 California Plumbing Code Chapter four (4) Table 4-1 as per type of group occupancy, or as approved by the Building Official. Openings in exterior walls are not permitted less than five (5) feet from property lines, 2001 California Building Code (Table SA). Escape and rescue windows shall be provided in all sleeping rooms of the care-taker unit in accordance with the 2001 California Building Code (Section 310.4). The caretaker unit shall be provided with heating facilities capable of maintaining a temperature of 70 degrees at a point three (3) feet above the floor in all habitable rooms, 2001 California Building Code (Section 310.11). Vehicle parking, primary entrance to the building, the primary paths of travel, cashier space, sanitary facilities, drinking fountain, and public telephones shall be accessible to persons with disabilities. Parking for disabled persons shall be provided with an additional five (5) foot loading area with striping and ramp; disabled persons shall be able to park and access the building without passing behind another car. At least one (1) accessible space shall be van accessible served by a minimum 96- inch wide loading area. An area analysis shall be submitted for all buildings. Submitted plans shall demonstrate compliance with allowable floor areas based on 2001 California Building Code Chapter 5, Table 5-B. Four (4) sets of final grading plans consistent with the site and landscaping plans as prepared by a registered civil engineer shall be submitted and shall include the following: · Technical details and plans for all utility installations including telephone, gas, water, and electricity. · Three (3) copies of a precise soils report (less than one (1) year old) provided by a civil engineer. Expanded information regarding the levels of hydrocarbons and ground water contamination found on-site shall be provided in the soils report. All pavement "R" values shall be in accordance with applicable City of Tustin standards. · All site drainage shall be handled on-site and shall not be permitted to drain onto adjacent properties. · Two (2) copies of Hydrology Report. Exhibit A Resolution No. 3872 May 12, 2003 Page 4 (1) 2.11 The engineer of record shall submit a final compaction report to the Building Division for review and approval prior to the issuance of a building permit. 2.12 The engineer of record shall submit a pad certification to the Building Division for review and approval prior to the issuance of a building permit. 2.13 A surety/cash bond will be required to assure work is completed in accordance with approved plans prior to permit issuance. The engineer's estimated cost of the grading, drainage, and erosion control shall be submitted to the Building Official for determination of the bond amount. (1) 2.14 Prior to issuance of building permits, all information to ensure compliance with requirements of the Orange County Fire Authority shall be submitted including fire flow and installation of fire hydrants, subject to approval of the City of Tustin Public Works and/or Irvine Ranch Water District. 2.15 Prior to issuance of any permits, the applicant shall submit for approval by the Community Development and Public Works Departments a Water Quality Management Plan (WQMP) 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. (1) 2.16 Prior to submittal of a Water Quality Management Plan (WQMP), the applicant shall submit a deposit of $2,700 for the estimated cost of review of the WQMP to the Building Division. The actual costs shall be deducted from the deposit, and the applicant shall be responsible for any additional review cost that exceeded the deposit prior to issuance of grading permits. Any unused portion of the deposit shall be refunded to the applicant. (1) 2.17 Prior to issuance of any permits, the property owner shall record a Notice of Water Quality Management Plan (WQMP) with the County Clerk Recorder on a form provided by the Community Development Department to inform future property owners of the requirement to implement the approved WQMP. (1) 2.18 The Community Development and Public Works Departments shall determine whether any change in use requires an amendment to an approved Water Quality Management Plan. 2.19 Prior to issuance of grading permits, the applicant shall submit a copy of the Notice of Intent (NOI) indicating that coverage has been obtained under the National Pollutant Discharge Elimination System (NPDES) Exhibit A Resolution No. 3872 May 12, 2003 Page 5 State General Permit for Storm Water Discharges Associated with Construction Activity from the State Water Resources Control Board. Evidence that the NOI has been obtained shall be submitted to the Building Official. In addition, the applicant shall include notes on the grading plans indicating that the project will be implemented in compliance with the Statewide Permit for General Construction Activities. 2.20 An erosion and sedimentation control plan shall be submitted for review and approval to the Building Official prior to issuance of grading permits. A variety of best management practices including BMP Nos. 1 through 23 as identified in the City's Best Management Practices Handbook and devices such as desilting basins, check dams, cribbing, rip rap, watering, and other methods shall be included on the plan, implemented, and maintained on an ongoing basis to control water and wind-related erosion and prevent sedimentation from entering the storm drain system, adjacent properties, or rights-of-way. (1) 2.21 A variety of best management practices including BMP Nos. 1 through 18 as identified in the City's Best Management Practices Handbook shall be implemented on an ongoing basis during construction to protect surface waters and prevent wastes or pollutants from moving off-site during a storm. Potential pollutants include, but are not limited to, paints, stains, sealants, glues, fuels, oils, lubricants, fertilizers, etc. Disposal of such materials shall occur in a specified and controlled temporary area on-site, physically separated from potential storm water run-off, with ultimate disposal in accordance with local, State, and Federal regulations. (1) 2.22 All sloped areas should be planted and treated for erosion control in the form of revegetation mats or hyroseed to minimize erosion and control run-off in accordance with the City's Grading Manual and subject to approval of the Building Division of the Community Development Department. Erosion control measures shall be in place on all slopes immediately following completion of grading on each slope as recommended by a soils engineer and landscape architect and approved by the Building Division. Hydroseeding/vegetation and planting methods shall be suitable for soil and climatic conditions and validated by a landscape architect and soils engineer. 2.23 Prior to issuance of grading permits, the applicant shall post with the Community Development Department a minimum $2,500 cash deposit or letter of credit to guarantee the sweeping of streets and clean-up of streets affected by construction activities. In the event this deposit is depleted prior to completion of development, an additional incremental deposit will be required. Exhibit A Resolution No. 3872 May 12, 2003 Page 6 (1) 2.24 Earth, sand, gravel, rock, stone, or other excavated material or debris may not be deposited or moved so as to cause the same to be deposited upon or roll, blow, flow, or wash upon or over any public place or right-of-way or the premises of another without the express written consent of the owner. (1) 2.25 When loading or transporting any earth, sand, ground, rock, stone or other excavated material or debris, such material shall be prevented from blowing or spilling onto the public right-of-way or adjacent private property. The applicant shall be responsible for maintaining public rights-of-way in a condition reasonably free of dust, earth, or debris attributed to the grading operation. If any debris is deposited within the right-of-way or adjacent property, the applicant shall be responsible for removing the material immediately. (1) 2.26 A note shall be provided on final plans that a six (6) foot high chain link fence shall be installed around the site prior to building construction stages. A nylon fabric or mesh shall be attached to the temporary construction fencing. Gated entrances shall be permitted along the perimeter of the site for construction vehicles. (1) 2.27 Pursuant to the City of Tustin's Security Ordinance and the Uniform Fire Code, street numbers shall be displayed in a prominent location on the street side of the building. The numerals shall be no 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. (1) 2.28 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. (3) 2.29 All new glass doors and windows, in or adjacent to doors, shall be tempered in accordance with the 2001 California Building Code Section 2406.4. (3) 2.30 Approval of the Orange County Fire Authority regarding access, fire lanes, fire hydrants, sprinkler system, and hazardous materials shall be obtained prior to issuance of a building permit. (***) 2.31 Authorization of all easement holders shall be provided prior to issuance of a rough grading permit. ARCHITI=CTURF (4) 3.1 All exterior treatments shall be consistent with the submitted color/material samples and noted on all construction plans and elevations submitted for Building Permit Plan Check, subject to review and approval by the Community Development Department at final inspection. Exhibit A Resolution No. 3872 May 12, 2003 Page 7 (4) 3.2 Exact details of the exterior door/storefront, building parapet, and cornices shall be provided on the construction plans. (4) 3.3 All ground and wall-mounted mechanical and electrical fixtures and equipment shall be adequately and decoratively screened. All roof- mounted equipment shall be 6" below parapet height. The screen shall be integrated with the architectural design of the building. All telephone and electrical boxes shall be indicated on the building plans and shall be completely screened. Electrical transformers shall be located toward the interior of the project, maintaining sufficient distance to minimize visual impacts from the public right-of-way. (4) 3.4 All exposed metal flashing or trim shall be painted to match the building. (4) 3.5 No exterior down spouts or roof scuppers shall be permitted. All roof drains shall utilize interior piping, but may have exterior outlets at the base of buildings. (4) 3.6 A master sign plan for the site shall be submitted prior to issuance of any sign permit. (4) 3.7 Sign permits shall not be issued until completion of the project and a tenant obtaining zoning clearance and a business license. (2) 3.8 The overall height of the three-story storage building shall not exceed thirty (30) feet, including parapets. (2) 3.9 Parking lot and building lighting shall be located at a maximum height of twenty (20) feet and designed to provide a minimum one (1) foot candle illumination in accordance with the City's Security Code. 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 designed with the architecture of the building and designed and arranged as not to direct light or glare onto adjacent properties, including the adjacent streets. (2) 3.10 In accordance with the Noise Study dated February 28, 2003, all glazing assemblies used throughout the project shall be well fitted and weather- stripped. Sound-rated doors and windows will be required for compliance with the interior noise standards at the office and residential spaces subject to review and approval of the Community Development Department. The following minimum sound transmission class rating (STC) shall be incorporated in the design of the project subject to final review of a qualified acoustical engineer and Community Development Department: Exhibit A Resolution No. 3872 May 12, 2003 Page 8 Use Window (STC~ · Residential Use (self-storage facility) 44 Lobby/Office (self-storage facility)N/A Office use (retail/office building) 36 Door (STC~ · 36 36 36 (2) 3.11 In accordance with the Noise Study dated February 28, 2003, fresh air intake ducts for ventilation or other openings such as mail slots or vents shall be oriented away from the rail tracks. All such openings for the retail building along Edinger Avenue shall be oriented away from Edinger Avenue. All ducts shall incorporate at least six (6) feet of flexible ducting and at least one 90-degree bend. (2) 3.12 In accordance with the Noise Study dated February 28, 2003, the roof system at all units shall have a minimum of one-half (1/2) inch plywood sheathing sealed to form a continuous noise barrier. Minimum R-19 insulation shall be placed in the rafter space. (2) 3.13 In accordance with the Noise Study dated mounted air conditioners or other noise prohibited. February 28, 2003, wall- generating equipment is (1) 3.14 In accordance with the Noise Study dated February 28, 2003, exterior walls for retail buildings shall be constructed of gypsum wallboard interior with a 7/8-inch stucco exterior, and a minimum R-11 insulation between the studs. All joints shall be well fitted and/or caulked to form an airtight seal. (2) 3.15 In accordance with the Noise Study dated February 28, 2003, exterior walls at the residential unit (storage facility) shall be constructed with gypsum board wallboard interior over RC-1 resilient channels, with 7/8- inch exterior stucco and R-11 minimum insulation between studs. All joints shall be well fitted and/or caulked to form an airtight seal. (2) 3.16 In accordance with the Noise Study dated February 28, 2003, carpet and pad shall be installed in all offices on the project site and at the residential unit in the self-storage facility. The carpet shall have a minimum pile height of 1/8 inch. (2) 3.17 In accordance with the Noise Study dated February 28, 2003, all interior walls of the building on the project site shall be of gypsum wallboard construction. (2) 3.18 In accordance with the Noise Study dated February 28, 2003, a suspended acoustical ceiling shall be installed in all offices. The ceiling tile shall provide a minimum noise reduction coefficient (NRC) of 0.90. (2) 3.19 In accordance with the Noise Study dated February 28, 2003, party wall and floor/ceiling separation assemblies shall be designed to provide a Exhibit A Resolution No. 3872 May 12, 2003 Page 9 minimum STC of 50 including the party wall assembly between the residential unit and the storage and the floor/ceiling assembly between the residential unit and the lobby/office. (2) 3.20 In accordance with the Noise Study dated February 28, 2003, penetration or openings in separation assemblies for piping, electrical devices, recessed cabinets, bathtubs, soffits, or heating, ventilation, or exhaust ducts shall be sealed, lined, insulated, or otherwise treated to maintain the required rating. (2) 3.21 In accordance with the Noise Study dated February 28, 2003, the entrance door from the office/lobby to the residential unit (self-storage) together with its perimeter seal shall have a minimum of 26 STC rating. (2) 3.22 Conditions 3.12 through 3.22 shall be implemented as part of construction drawings and shall be stamped approved by a qualified acoustical engineer prior to issuance of a building permit. LANDSCAPING (1) 4.1 Complete landscape and irrigation plans that comply with the City of Tustin Landscape and Irrigation Guidelines shall be submitted at plan check. (1) 4.2 An irrigation plan shall be submitted which shows the location and control of backflow prevention devices at the meter, pipe size, sprinkler type, spacing, and coverage details for all equipment including efficient irrigation systems which minimize runoff and evaporation and maximize the amount of water which will reach the plant roots. Drip irrigation, soil moisture sensors, and automatic irrigation systems shall be used to increase irrigation efficiency. (2) 4.3 A significant visual buffer, including a minimum five (5) four (4) foot tall landscaping berm, a masonry screen wall, and a minimum of one (1) tree per 20 lineal foot of building length (including at a minimum nine (9) 48- inch box London Plane trees, five (5) 36-inch box Aleppo Pines, and one (1) 36-inch box Olive) shall be provided parallel to Edinger Avenue to screen the self-storage buildings, subject to review and approval and final field inspection by the Community Development Department. If necessary, additional trees shall be installed to provide sufficient screening. (2) 4.4 There shall be a minimum of a three (3) foot six (6) inch wide landscaping setback with regular intervals of five (5) foot wide landscaping setbacks along the north side of the proposed three-story storage building. Landscaping shall include a minimum of forty-eight (48) 15-gallon giant bamboo plants and forty (40) 15-gallon vines supported by metal trellises for a ratio of one (1) tree per ten (10) feet of lineal wall subject to field Exhibit A Resolution No. 3872 May 12, 2003 Page 10 inspection by the Community Development Department. If necessary, additional trees shall be installed to achieve sufficient screening. USE RESTRICTIONS (***) 5.1 The project shall provide a minimum of 120 parking spaces dispersed to accommodate the self-storage, office, and commercial use (retail, office and restaurant) as follows: Use Area Parking Parking (Square Feet) Required Provided Retail 9,808 1/200 = 49 Office 4,500 1/250 = 18 Food 7,900 1 per 3 seats (123 seats) 41 Total 22,208 108 108 Caretaker N/A Unit Self- 75,491 4 spaces for office 16 Storage 1/10,000 for self- storage 8 Project 97,699 120 124 total (2) (2) (2) (2) 5.2 5,3 5,4 5.5 Any change to the uses, square footage, or number of seats, and parking spaces shall be submitted to Community Development Department for review and approval. Trash pickups at the project site shall not occur during the hours of 10:00 p.m. to 7:00 a.m. All activities at the commercial site shall be limited to the hours of 7:00 a.m. to 10:00 p.m., and the hours of operation for the self-storage facility shall be limited to 7:00 a.m. to 7:00 p.m. For any changes to the hours of operation recommended in the submitted noise study, a site-specific noise analysis shall be submitted to the Community Development Department for review and approval. No rooftop or exterior mechanical equipment for the project shall produce a noise level greater than 45 dB(A) when measured at the residential property line. All details related to noise reduction measures shall be submitted to the Community Development Department during plan check for review and approval. Public address systems and buzzers shall be prohibited. Exhibit A Resolution No. 3872 May 12, 2003 Page 11 (2) 5.6 All doors shall be kept closed when not in use in accordance with the Noise Study dated February 18, 2003. (***) 5.7 Outdoor seating is prohibited. Outdoor seating areas may be established in accordance with Planning Commission Resolution No. 2490, and upon approval of a conditional use permit. (***) 5.8 In accordance with the distance requirements of Tustin City Code Section 9242(b), off-site alcoholic sales are not permitted. On-site alcoholic sales in conjunction with restaurant uses are subject to approval of a conditional use permit. (***) 5.9 Exterior storage of any materials, recreational vehicles, boats or trailers, campers, or auto anywhere on-site is prohibited. Storage of hazardous materials, building material, inoperable vehicles, or other similar industrial materials is prohibited. (***) 5.10 The self-storage facility shall obtain from each self-storage tenant a signed release acknowledgement that storage of perishable goods, toxic/and or hazardous materials, and explosive or other dangerous items are prohibited. The applicant shall keep the signed release forms on file during the period of rental space tenancy and make the forms available to the City for review. If in the future the City determines that a parking or circulation problem exists, the applicant shall be required to submit a new traffic/parking study and implement immediate interim and permanent mitigation measures upon review and approval by the Community Development Department and the Public Works Department. (1) 5.12 The installation of any exterior, freestanding vending machines, such as, but not limited to, beverage or soda machines, candy, magazine racks, and any other retail product, is prohibited. (1) 5.13 Exterior public pay telephones shall be prohibited, and any interior public pay telephones shall be programmed to prevent incoming calls. (1) 5.14 No outdoor storage shall be permitted except as approved by the Director of Community Development. (***) 5.15 The caretaker unit of the self-storage facility shall be occupied only by the 24-hour superintendent and not be leased for residential purposes. (2) 5.16 To facilitate on-site circulation, the self-storage operator shall notify and direct the moving trucks to exit at the exit-only gated access on Edinger Avenue. Exhibit A Resolution No. 3872 May 12, 2003 Page 12 All construction operations, including engine warm-up and deliveries of materials and equipment, shall be subject to the provisions of the Tustin Noise Ordinance and shall take place only between the hours of 7:00 a.m. and 6:00 p.m., Monday through Friday, and between 9:00 a.m. and 5:00 p.m. on Saturday, unless otherwise determined by the Building Official. (***) 5.18 The easterly driveway on Edinger Avenue shall be used for emergency fire access and right turn self-storage vehicle egress only (through a secured gate with access via a keypad code). In the future, if the driveway is to be open for full public access, the driveway shall be improved to the City of Tustin standards for commercial driveways. (1) 5.19 All plant materials shall be installed in a healthy and vigorous condition, typical to the species, and shall be maintained in a neat and healthy condition. Maintenance includes, but is not limited to, support structures (trellis, etc.), trimming, mowing, weeding, removal of litter, fertilizing, regular watering, and replacement of dead or diseased dying plants. Unhealthy or dead trees shall be replaced within seventy-two (72) hours upon notification by the City. PUBLIC WORKS DEPARTMENT (1) 6.1 A separate 24-inch by 36-inch 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 plan shall include, but not be limited to, the following: · Curb and gutter; · Sidewalk, including curb ramps for the physically disabled; · Drive aprons; · Street lighting; · Catch basin/storm drain laterals/connection to existing storm drain system; · Domestic water facilities; · Sanitary sewer facilities; · Landscape/irrigation; · Underground utility connection; and, · Traffic signal plan. In addition, a 24-inch by 36-inch 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) 6.2 Prior to issuance of a rough grading permit, preparation of a sedimentation and erosion control plan for all work related to this development will be required. Exhibit A Resolution No. 3872 May 12, 2003 Page 13 (***) 6.3 As proposed, the applicant shall provide a traffic signal at the Edinger Avenue and Parkway Loop intersection. In addition, the project driveway shall align with the Parkway Loop access on the south side of Edinger Avenue. The estimated cost of this signal including design, construction, etc., is approximately $200,000.00, and the applicant shall pay 100 percent of the cost of this signal. Submittal of a Bond, satisfactory to the City Attorney, in the amount of $200,000.00 prior to issuance of any building permit is required. 6,4 Prior to issuance of a building permit, the design of traffic signal equipment shall be submitted for review and approval along with a maintenance easement provided to the City at the Parkway Loop entrance at the project site. 6,5 Left-turn access for the site to and from Edinger Avenue shall be restricted to the locations shown on the approved "Smart Street" plan (Capital Improvement Project No. 7147). With the exception of full access at Parkway Loop Drive with installation of a traffic signal, all other access at the project site on Edinger shall be restricted to right-in and right-out only, due to the raised landscaped median on Edinger Avenue. 6.6 Prior to issuance of a grading permit, the applicant shall reserve a twenty (20) foot future right-of-way area adjacent to Edinger Avenue and an eighteen (18) foot future right-of-way along Red Hill Avenue for future acquisition by the City. The area of reservation shall be landscaped and maintained with groundcover until the City acquires the area. Legal descriptions and sketches as prepared by a California Registered Civil Engineer or California Licensed Land Surveyor shall be submitted to the Engineering Division for review and approval. 6,7 Since the project site is adjacent to Edinger Avenue and Red Hill Avenue, which will undergo future roadway improvements, the applicant shall provide to the City of Tustin, at no cost and prior to issuance of a building permit, a Temporary Construction Easement (TCE) for all on-site construction adjustments and transitions associated with the Edinger Avenue widening project (CIP No. 7147) and the City's future Red Hill Avenue Grade Separation project (CIP No. 7175). The limits of the TCE for Edinger Avenue shall be as described in the TCE document prepared by RBF Consulting dated October 24, 2001, and revised November 7, 2002. 6.8 The City's Red Hill Avenue over-crossing project will ultimately eliminate at-grade through traffic on Red Hill Avenue across the railroad tracks. The applicant shall be required to design and construct the future median to accommodate the ultimate design. Prior to issuance of a Certificate of Use and Occupancy, the applicant shall post a bond to ensure reconstruction of the median. The bond shall be accompanied by an engineer's estimate for the cost of the reconstruction. Exhibit A Resolution No. 3872 May 12, 2003 Page 14 (1) 6.9 (***) 6.10 (1) 6.11 (1) 6.12 (1) 6.13 (1) 6.14 All drive aprons shall be designed in accordance with the current Federal Americans with Disabilities Act (ADA) requirements. 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. Prior to issuance of a precise grading permit, a complete hydrology study and hydraulic calculations shall be submitted for review and approval by the City. Prior to issuance of a grading permit, preparation of plans for and construction of the following shall be required: Ao All sanitary sewer facilities shall be submitted as required by the City Engineer and local sewering agency. B. A domestic water system shall be designed and installed to the standards of the Irvine Ranch Water District or City of Tustin Water Services Division. Plans shall also be reviewed and approved by the Orange County Fire Authority for fire protection purposes. The adequacy and reliability of water system design and the distribution of fire hydrants will be evaluated. The water distribution system and appurtenances shall also conform to the applicable laws and adopted regulations enforced by the Orange County Health Department. Any required reclaimed water system shall meet the standards as required by the City of Tustin Water Services Department. Release/approval from East Orange County Water District shall be obtained prior to receiving water service. Prior to issuance of precise grading permit, 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 is required: a) b) c) Final street elevations at key locations. Final pad/finished floor elevations and key elevations for all site grading. All pad elevations to be a minimum of 1.0 foot above base flood elevation as defined by FEMA. All flood hazards of record. Existing sewer, domestic water, reclaimed water, and storm drain service laterals shall be utilized whenever possible. Any damage done to existing street improvements and utilities shall be repaired before acceptance of the tract and/or issuance of a Certificate of Occupancy for the development on any parcel within the subdivision. Exhibit A Resolution No. 3872 May 12, 2003 Page 15 6. s 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) 6.16 Both horizontal and vertical intersection sight lines shall be submitted per City of Tustin Standard No. 510 for all affected streets. The site lines need to be shown on the grading plan, site plan, and landscape plan. All landscaping within the limited use area will need to comply with City of Tustin Standard No. 510. (1) 6.17 In addition to the normal full size plan submittal process, all final development plans including, but not limited to: parcel maps, records of survey, public works improvements, private infrastructure improvements, final grading plans, and site plans are also required to be submitted to the Public Works Department/Engineering Division in computer aided design and drafting (CADD) format. The standard file format is AutoCad Release 14 or 2000 having the extension DWG. Likewise, layering and linetype conventions are AutoCad-based (latest version available upon request from the Engineering Division). The CADD files shall be submitted to the City at the time the plans are approved and updated CADD files reflecting "as built" conditions shall be submitted once all construction has been completed. The subdivision bonds will not be release until the "as built" CADD files have been submitted. (1) 6.18 The Project Applicant/Contractor shall submit and obtain approval from the Public Works Department of a Project Recycling Plan prior to the issuance of any grading, encroachment, or building permit. The Project Recycling Plan shall demonstrate recovery and recycling of at least fifty 50 percent of the total waste generated by the project and shall consist of the following components: · In a narrative form, describe efforts which will be utilized to minimize the generation of waste during project construction; · Provide an estimate of the total amount of waste to be generated for the entire duration of project construction; · Provide an estimate of the total amount of recyclable materials generated by project construction, identified by recyclable material type; · Identify waste hauler(s) to be utilized during project construction. Please note that the City has an exclusive waste collection franchise with Federal Disposal Service of Santa Ana. No other haulers are to be utilized pursuant to City Code Section 4322; · Identify recyclable material processing facilities which will be utilized to process materials generated by project construction; Exhibit A Resolution No. 3872 May 12, 2003 Page 16 (1) 6.19 · Demonstrate that no waste generated by the project will be sent directly to any landfill; · Prior to the final inspection or issuance of a Certificate of Occupancy, submit a final report to the Public Works Department detailing actual quantities of the items listed above as well as a narrative summary of the recycling efforts implemented during the project; · Prior to issuance of a building permit, the applicant is required to submit recycling plans to the Public Works Department for each project tenant which demonstrates recycling or diversion from landfills of at least fifty (50) percent of the total waste anticipated to be generated by each tenant; and, · Prior to issuance of any grading, encroachment, or building permit, applicant is required to submit waste trash enclosure plans to the Public Works Department which demonstrate the provision of the adequate physical spaCe to accommodate all planned tenant recycling programs. 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. ORANGE COUNTY FIRE AUTHORITY (5) 7.1 Prior to the issuance of any grading permits, the applicant shall submit a fire hydrant location plan to the Fire Chief for review and approval. (5) 7.2 Prior to the issuance of any Certificate of Use and Occupancy, all fire hydrants shall have a blue reflective pavement marker indicating the hydrant location on the street as approved by the Fire Chief and must be maintained in good condition by the property owner. Please contact the OCFA at (714) 744-0499 or visit the OCFA website for a copy of the "Guideline for Installation of Blue Dot Hydrant Markers." (5) 7.3 Prior to the issuance of any grading permits, the applicant shall provide evidence of adequate fire flow. The "Orange County Fire Authority Water Availability for Fire Protection" form shall be signed by the applicable water district and submitted to the Fire Chief for approval. If sufficient water to meet fire flow requirements is not available, an automatic fire extinguishing system may be required in each structure affected. (5) 7.4 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 Fire Chief for review and approval. Please contact the OCFA at (714) 744-0499 to request a copy of the "Orange County Fire Authority Notes for New NFPA 13 Commercial Sprinkler Systems." Exhibit A Resolution No. 3872 May 12, 2003 Page 17 (5) 7.s Prior to the issuance of a Certificate of Use and Occupancy, this system shall be operational in a manner meeting the approval of the Fire Chief. (5) 7.6 Prior to the issuance of a grading permit, the applicant shall submit and obtain approval of the Fire Chief and City staff of plans for all public or private access roads, streets, and courts. The plans shall include plan and sectional views and indicate the grade and width of the access road measured flow-line to flow-line. When a dead-end street exceeds 150 feet or when otherwise required, a clearly marked fire apparatus access turnaround must be provided and approved by the Fire Chief. Applicable CC&Rs or other approved documents shall contain provisions which prohibit obstructions such as speed bumps/humps, control gates, or other modifications within said easement or access road unless prior approval of the Fire Chief is granted. Please call OCFA at (714) 744-0499 or visit the OCFA website to obtain a copy of the "Guidelines for Emergency Access." (5) 7.7 Prior to the issuance of any grading permits, the applicant shall submit plans and obtain approval from the Fire Chief for fire lanes on required fire access roads less than 36 feet in width. The plans shall indicate the locations of red curbs and signage and include a detail of the proposed signage including the height, stroke, and colors of the lettering and its contrasting background. Please contact the OCFA at (714) 744-0499 or visit the OCFA website to obtain a copy of the "Guidelines for Emergency Access Roadways and Fire Lane Requirements." (5) 7.8 Prior to the issuance of any Certificate of Use and Occupancy, the fire lanes shall be installed in accordance with the approved fire lane plan. The CC&Rs or other approved documents shall contain a fire lane map, provisions which prohibit parking in the fire lanes, and a method of enforcement. (5) 7.9 Prior to the issuance of any grading permits, the applicant shall obtain the approval from the Fire Chief for the construction of any gate across required fire department access roads. Please contact the OCFA at (714) 744-0499 or visit the OCFA website to obtain a copy of the "Guidelines for Design and Installation of Emergency Access Gates and Barriers." (5) 7.10 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 all-weather fire protection access roads shall be in place and operational before any combustible material is placed on-site. Building permits will not be issued without OCFA approval obtained as a result of an on-site inspection. Please contact the OCFA at (714) 744- 0499 to obtain a copy of the standard combustible construction letter. (5) 7.11 Prior to the issuance of a grading or building permit, the applicant shall submit to the Fire Chief a list of all hazardous, flammable and combustible liquids, solids, or gases to be stored, used, or handled on-site. These Exhibit A Resolution No. 3872 May 12, 2003 Page 18 materials shall be classified according to the Uniform Fire Code and a document submitted to the Fire Chief with a summary sheet listing the totals for storage and use for each hazard class. Please contact the OCFA at (714) 744-0499 or visit the OCFA website to obtain a copy of the "Guideline for Completing Chemical Classification Packets." (5) 7.12 Prior to the issuance of a building permit, the applicant shall submit architectural plans for the review and approval of the Fire Chief, if required, per the "Orange County Fire Authority Plan Submittal Criteria Form." Please contact the OCFA at (714) 744-0499 for a copy of the Site/Architectural Notes to be placed on the plans prior to submittal. (1) 8.1 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 Division plan check and permit fees 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) Orange County Sanitation District No. 7 Sewer Connection Fees to the Tustin Public Works Department at the time a building permit is issued. The current fee is $1,600/1,000 square feet for shopping center with restaurants and $110/1,000 square feet for a warehouse. d) East Orange County Water District fee, as established by the district for single family residential. Proof of payment shall be provided to Tustin Public Works Department (Water Division) prior to domestic water connection. d) Payment of the Major Thoroughfare and Bridge Fees to the Public Works Department at the time a building permit is issued. The current fee is $3.30 per square foot of building. e) Transportation System Improvement Program (TSIP) Benefit Area "B" fees in the amount of $3.31 per square feet of new or added gross square floor area of construction or improvements to the Community Development Department. f) School facilities fee to the Tustin Unified School District subject to any agreement reached and executed between the District and the Exhibit A Resolution No. 3872 May 12, 2003 Page 19 applicant. The current fee for commercial development is $0.33 per square foot. g) New development fees in the amount of $0.10 per square foot of gross floor area paid to the Community Development Department. h) 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 forty-three dollars ($43.00) 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.