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HomeMy WebLinkAboutPC RES 4305RESOLUTION NO. 4305 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING THAT THE CITY COUNCIL APPROVE TENTATIVE PARCEL MAP 2015-139, DESIGN REVIEW 2015-10, AND CONDITIONAL USE PERMIT 2015-21 AUTHORIZING THE SUBDIVISION OF AN EXISTING 8,500 SQUARE FOOT LOT CONSISTING OF ONE (1) NUMBERED LOT FOR THE DEVELOPMENT OF FOUR (4) CONDOMINIUM RESIDENCES LOCATED AT 1051 BONITA 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 a proper application for General Plan Amendment 2015-01, Tentative Parcel Map 2015-139, Design Review 2015-10, and Conditional Use Permit 2015-21 was filed by Yenny Ng Designs Architects on behalf of Goliath F&M LLC requesting authorization to change the General Plan Land Use Designation from Community Commercial (CC) to High Density Residential (HDR) and subdivide an existing parcel located at 1051 Bonita Street for condominium purposes to accommodate the construction of four (4) dwelling units located within two (2) residential buildings; B. That the property is zoned as Multiple Family Residential (R3 2000) and proposes a General Plan Land Use Designation of High Density Residential (HDR) under General Plan Amendment 2015-01. 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 the primary residence at the subject property is identified in the City's 1990 Historical Survey as a "D" rated structure with severe alterations while the 1000 block of Bonita Street is listed with a National Register Historic Preservation (NRNP) Status Code: 5S3 in the City's 2003 Update to the Historical Resources Survey; D. That the demolition of the structures at the subject property and construction of two (2) duplex buildings to accommodate condominiums will not have a significant impact on a historical resource. The primary residence at the subject property is not a significant example of a California Bungalow at the local or regional level nor does it have a linkage to important persons or events within the City. Furthermore, there are significant alterations to the property from its original condition. The residences along Bonita Street are not eligible for individual listing on the City's Historic Survey; Resolution No. 4305 Page 2 E. That City staff prepared an Initial Study to evaluate the potential environmental impacts associated with the project which concluded there is no substantial evidence that the project may have a significant effect on the environment, and a Draft Negative Declaration (ND) was prepared; F. That a Notice of Intent to Adopt a Negative Declaration was published and the Negative Declaration and Initial Study were made available for a 20 -day public review and comment period from November 12, 2015, to December 1, 2015, in compliance with Sections 15072 and 15105 of the State CEQA Guidelines; G. That the Planning Commission continued the item from the December 8, 2015, meeting at the request of City staff in order to provide adequate time to complete the required noticing of the project pursuant to State law. The item was continued to a date certain of January 12, 2016, and all required noticing of the project was completed; H. That a public hearing was duly called, noticed, and held for General Plan Amendment 2015-01, Tentative Parcel Map 2015-139, Design Review 2015- 10, and Conditional Use Permit 2015-21 on January 12, 2016, by the Planning Commission; That the Planning Commission considered the Initial Study and the Negative Declaration and recommended that the City Council find it adequate for General Plan Amendment 2015-01, Tentative Parcel Map 2015-139, Design Review 2015-10, and Conditional Use Permit 2015-21; J. That the Planning Commission considered General Plan Amendment 2015- 01 and recommended that the City Council approve the request to change the General Plan Land Use Designation from Community Commercial (CC) to High Density Residential (HDR) for the property located at 1051 Bonita Street; K. 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 Parcel Map 2015-139 and improvements are consistent with the proposed General Plan Amendment 2015-01, Multiple Family Residential (R3 2000) 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 four (4) condominium residences on an 8,500 square foot parcel is within the allowable density requirements of proposed General Plan Amendment 2015-01. Resolution No. 4305 Page 3 The design of the proposed subdivision and improvements are not likely to cause substantial environmental damage or substantially and 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 as a public sidewalk and parkway improvements will be installed as a result of the project. 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 recommendations provided in the preliminary geotechnical report would be implemented in the grading and foundation improvements associated with the project. L. That the City's Public Works Department has reviewed the map and determined that, as conditioned, it is technically correct; M. That the project meets the development standards of the Multiple Family Residential (R3 2000) zoning district; N. That Tustin City Code Section 9331d requires the subdivider to pay a fee in lieu of providing a parkland dedication; O. That the establishment, maintenance, and operation of the proposed use will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood, 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: 1. Multiple family dwellings inclusive of condominiums and apartments are prevalent in the neighborhood and allowed by the applicable zoning. Resolution No. 4305 Page 4 2. The subject property is currently developed with multiple dwelling units and the proposal would result in a net increase of two dwelling units. 3. The project would result in the construction of parkway improvements within the public right-of-way including the installation of a public sidewalk along Bonita Street. 4. As proposed the building fronting Bonita Street would appear as a two story single family residence with a single point of entry and orientation towards the street. 5. The project architecture and detailing would enhance the Bonita Streetscape. P. 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 multi -family residences in the area of a similar massing and scale. In addition, the architectural design and features are an enhancement to the existing housing stock in the neighborhood. 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 method of refuse storage. 10. Physical relationship of proposed structures to existing structures in the neighborhood. 11. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. 12. Development guidelines and criteria as adopted by the City Council. Il. The Planning Commission hereby recommends that the City Council approve Tentative Parcel Map 2015-139, Design Review 2015-10, and Conditional Use Permit 2015-21 authorizing the subdivision of an existing 8,500 square foot lot consisting of one (1) numbered lot for the development of four (4) condominium residences located at 1051 Bonita Street, subject to the conditions contained within Exhibit A, attached hereto. Resolution No. 4305 Page 5 PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 12th day of January, 2016. JEOWTFi MPSO Chairperson fve-E E ABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4305 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 12th day of January, 2016. PLANNING COMMISSIONER AYES: PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: a2A�16-0� fwEOZABETH A. BINSACK Planning Commission Secretary Lumbard, Kozak, Thompson (3) owaiji Smith (1) EXHIBIT A RESOLUTION NO. 4305 TENTATIVE PARCEL MAP 2015-139, DESIGN REVIEW 2015-10, AND CONDITIONAL USE PERMIT 2015-21 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped January 12, 2016, 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 2015-10 and Conditional Use Permit 2015-21 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. 4305 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 Parcel Map 2015-139, Design Review 2015-10, and Conditional Use Permit 2015-21 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 Parcel Map 2015-139, Design Review 2015-10, and Conditional Use Permit 2015-21 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. (**") 1.9 Approval of Tentative Parcel Map 2015-139, Design Review 2015-10, and Conditional Use Permit 2015-21 is contingent upon City Council approval of General Plan Amendment 2015-01. BUILDING PLAN SUBMITTAL (1) 2.1 The design code shall be the 2013 CA Residential Building Code (CRC), except when superseded by the 2013 CA Building Code (CBC), as amended and adopted by the City of Tustin. Use Table R301.2(1) "Climatic and Geographic Design Criteria" as amended and adopted by City of Tustin. (1) 2.2 The plan shall comply with the 2013 CA Green Building Standards ("CaIGREEN) for new low-rise residential buildings, as amended and adopted by City of Tustin. Primarily, use Chapter 4 "Residential Mandatory Measures" including pre -wiring provisions for Electric Vehicle (EV) charging stations. (1) 2.3 Provide one-hour fire-resistant construction on the underside of roof eaves that extend closer than 50" to the property lines (north and south property lines). Exhibit A Resolution No. 4305 Page 3 (1) 2.4 Dwelling units in two-family dwellings shall be separated from each other by one-hour fire-resistant wall assembly from the concrete floor to the underside of the roof sheathing. (1) 2.5 An automatic residential fire sprinkler system shall be designed and installed in accordance with NFPA 13 D. (1) 2.6 All utilities serving the site shall be installed underground. (1) 2.7 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. Drive aprons; B. Signing/striping plan; C. 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; D. Underground utility connections: All utility lines shall be placed underground; E. Fire hydrants; and F. 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. (1) 2.8 The development plans shall incorporate all recommendations from the Geotechnical Report. 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. Exhibit A Resolution No. 4305 Page 4 (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. 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 over 25 percent. A combination of planting materials shall be used. On large areas, ground cover alone is not acceptable. 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. Fences, wall, and equipment areas shall be screened with walls, vines, Exhibit A Resolution No. 4305 Page 5 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. (1) 4.2 The project shall comply with the City's Water Efficient Landscape Ordinance and any Executive Orders issued from the Governor of the State of California pertaining to water conservation and irrigation methods. (4) 4.3 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. (1) 4.4 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) 4.5 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 utility systems shall be constructed prior to issuance of the first Certificate of Occupancy. 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 building permits. A copy of the final documents shall Exhibit A Resolution No. 4305 Page 6 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, have been completed. 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, walls and fences, and private drives. 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. 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, Exhibit A Resolution No. 4305 Page 7 and structures. 2. All private drives, 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 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. 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. 2. Residents shall park vehicles in garage and/or carport 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. 3. The homeowners association shall be responsible for monitoring and enforcing all parking regulations on-site. The proposed CC&Rs shall include provisions requiring the Exhibit A Resolution No. 4305 Page 8 association to develop and adopt an enforcement program for parking on-site 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, drives, alleys, walkways, 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 1st 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. 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. ORANGE COUNTY FIRE AUTHORITY (1) 7.1 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. Exhibit A Resolution No. 4305 Page 9 (1) 7.2 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) 7.3 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." HOMT5 (1) 8.1 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. GRADING AND DRAINAGE CONDITIONS (1) 9.1 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. (1) 9.2 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) 9.3 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) 9.4 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 i structural and non-structural BMPs as specified in the approved WQMP. Exhibit A Resolution No. 4305 Page 10 (1) 9.5 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) 9.6 Preparation of a sedimentation and erosion control plan for all work related to this development shall be required. (1) 9.7 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) 9.8 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) 9.9 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. (1) 9.10 A certified Native American monitor shall be on site during any and all ground disturbances including all grading activities. PUBLIC IMPROVEMENTS (1) 10.1 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) 10.2 Prior to issuance of a certificate of occupancy, the applicant shall complete street improvements on Bonita Street along the project frontage consisting of: a. Design and construct concrete sidewalk, landscape, and irrigation system along the property frontage on Bonita Street. b. Remove the existing depressed curb and driveway apron and replace it with full height curb along Bonita Street. (1) 10.3 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 Exhibit A Resolution No. 4305 Page 11 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 g) Domestic water facilities b) Sidewalk, including curb ramps h) Sanitary sewer facilities for the physically disabled i) Sanitary sewer facilities c) Drive aprons j) Landscape/irrigation d) Signing/striping k) Dry utility lines e) Street lighting f) Catch basin/storm drain laterals/ connection to existing storm drain system (1) 10.4 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) 10.5 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 Registered Civil Engineer or California Licensed Land Surveyor, shall be submitted to the Public Works Department for review and approval. WATER IMPROVEMENT CONDITIONS (1) 10.6 Any water improvement 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) 10.7 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 Exhibit A Resolution No. 4305 Page 12 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) 10.8 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) 10.9 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) 10.10 The applicant's project is within the East Orange County Water District (EOCWD) service area. A release/approval from the 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. (1) 10.11 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 Orange County Fire Authority (OCFA). Plans meeting OCFA fire protection requirements must be stamped and approved by that agency. (1) 10.12 The proposed domestic water system plans must conform to all applicable regulations enforced by the Orange County Health Department. SOLID WASTE RECYCLING CONDITIONS (1) 10.13 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. All single family residential projects shall Exhibit A Resolution No. 4305 Page 13 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. C. Prior to issuance of a permit, the applicant shall submit the required security deposit in the form of cash, cashier's check, personal check, or money order made payable to the "City of Tustin". MISCELLANEOUS CONDITIONS (1) 10.14 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) 10.15 Prior to issuance of a Building Permit(s), payment of the most current Major Thoroughfare and Bridge Fees (for the Foothill/Eastern Transportation Corridor Agency (TCA)) to the City of Tustin (through the Public Works Department) shall be required. The fee rate schedule automatically increases on July 15f of each year. (1) 10.16 Prior to issuance of a Building Permit(s), the applicant shall provide written approval from the Orange County Sanitary District (OCSD) for sanitary sewer service connections, as applicable, from the appropriate agency. (1) 10.17 Any damage done to existing public street improvements and/or utilities shall be repaired to the satisfaction of the City Engineer before issuance of a Certificate of Occupancy. FINAL PARCEL MAP (1) 11.1 Preparation and recordation of a final subdivision map shall be required. (1) 11.2 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. Exhibit A Resolution No. 4305 Page 14 (1) 11.3 Prior to issuance of a Building Permit(s), the applicant shall submit an 8'/2' 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) 12.1 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 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) 12.2 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.