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HomeMy WebLinkAboutPC RES 3881RESOLUTION NO. 388'1 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN APPROVING DESIGN REVIEW 03-008 AND CONDITIONAL USE PERMIT 03-007 AUTHORIZING ESTABLISHMENT OF A GARDEN CENTER WITH A 6,400 SQUARE FOOT BUILDING AND 41,007 SQUARE FEET OF OUTDOOR SALES AREA AND THE NUMBER OF REQUIRED PARKING SPACES WITH APPROVAL OF A PARKING DEMAND ANALYSIS The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: That a proper application for Design Review 03-008 and Conditional Use Permit 03-007 was filed by TJS Architects on behalf of John A. and Mary M. Prescott L.P. requesting authorization to establish an Armstrong Garden Center with a 6,400 square foot building and 41,007 square feet of outdoor sales area and the required number of parking spaces through approval of a parking demand analysis located at 505 El Camino Real (Parcel 1 of Tentative Parcel Map 2003-131). That the proposed use is consistent with the Tustin General Plan in that the property is designated as "Old Town Commercial" which provides for the establishment of 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. The project is located within the Industrial "Central Commercial" zoning district where retail uses are permitted and outdoor sales are conditionally permitted in accordance with Section 9233c of the Tustin City Code. Do That a public hearing was duly called, noticed, and held on said application on July 14, 2003, by the Planning Commission. 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 as conditioned would be 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: Resolution No. 3881 Page 2 2. 3. 4. 5. 6. 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. The proposedo,~,~,L,~,,-'~-'='=-'~ project complies with the development standards and requirements of Central Commercial (C-2) zoning district with the exception of parking for which a parking demand analysis has been submitted. The study is based on parking demand for existing Armstrong Garden Centers, which concludes that forty-four (44) parking spaces would be needed to satisfy the parking demand during the peak hours. The City's Senior Project Manager of Transportation has accepted the study's methodology as complete and accurate. Any change to the hours of operation or operational standards may require a new parking demand analysis as deemed necessary by the City's Traffic Engineer. As conditioned, no on-site turn around for delivery trucks would be permitted. Trucks entering the site would need to be informed of the exiting routes to minimize interference with customer circulation. The hours of truck deliveries may be limited, if deemed necessary by staff. The proposed location and design of the proposed building, as conditioned, would acc~,~ i~h ~h~ .... ~ ......... ' -' ..... ~"" ...... _~.~A __.~ .... of ,,.A -:'-o,--'~,~ be consistent with goals and policies of the Tustin General Plan as related to Old Town Tustin and the "Visions of Old Town" prepared in 1991 to guide revitalization effods in Old Town Tustin. Resolution No. 3881 Page 3 As conditioned, the proposed project will not have a negative effect on the surrounding properties or impair the orderly and harmonious development of the area, the present or future development, or the occupancy, or community as a whole since: The location, height, massing, and scale, and architectural design of the building and the outdoor sales area will be complementary to the existing buildings in Old Town Tustin. I The proposed outdoor sales areas are complementary to the building design and would enhance the aesthetics of the site. ~ The proposed lighting is complementary to the building design and would not be obtrusive to the adjoining neighbors. As conditioned, adequate security lighting would be provided within the site and along El Camino Real during the non-operating hours of the garden center. pede~tr:,~ $~fety ........ · "- .... "' ....... f th- -:'- That the establishment of the proposed garden center with outdoor sales, 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: As proposed, the hours of operation are compatible with the commercial and residential uses in proximity to the site. In addition, the proposed site for the garden center is separated by ninety (90) feet from residential uses to the east and more than 220 feet from residential uses to the south. Resolution No. 3881 Page 4 As conditioned, the driveway aprons for the ...... -'-: ......... o,~ ° ..... a,~d '-' Camlno ~--' ...... '~ be ---'----' to would need to comply with current Federal American with Disabilities Act (ADA) requirements. The project is Categorically Exempt pursuant to Section 15332, Class 32 of Title 14, Chapter 3, of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Planning Commission hereby approves Design Review 03-008 and Conditional Use Permit 03-007 to establish a garden center with a 6,400 square foot building and 41,007 square feet of outdoor sales area and the required number of parking spaces through approval of a parking demand analysis located at 505 El Camino Real (Parcel I of Tentative Parcel Map 2003-131), 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 28th day of July, 2003. C.- J ENNIN/G~ ~ ~) ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUN'DY 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. 3881 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 28th day of July, 2003. ELIZABETH A. BINSACK Planning Commission Secretary (1) 1.1 1.3 (1) 1.4 (1) 1.5 (1) (2) (3) (4) EXHIBIT A CONDITIONS OF APPROVAL RESOLUTION 3881 JULY 14, 2003 The proposed project shall substantially conform with the submitted plans for the project date stamped July 14, 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 shall be implemented in one (1) phase, as proposed by the applicant. 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 03-008 and Conditional Use Permit 03-007 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. As a condition of approval of Design Review 03-008 and Conditional Use Permit 03-007, 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 STANDARD CONDITION CEQA MITIGATION UNIFORM BUILDING CODE/S GUIDELINES DESIGN REVIEW EXCEPTIONS (s) (6) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING PC/CC POLICY Exhibit A Resolution No. 3881 duly 21, 2003 Page 2 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 03-007 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. (***) 1.7 A request for amendment of Conditional Use Permit 98-001 for the strawberry stand shall be submitted b the roe owner and a pr0y~ b the Z~nin Administrator , ~ 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. · Details of rooftop equipment that are installed 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 Exhibit A Resolution No. 3881 July 21, 2003 Page 3 (3) 2.3 (3) 2.4 (3) 2.5 (3) 2.6 (3) 2.7 (1) 2.8 (1) 2.9 in accordance with the City's standard detail and the requirements of Federal Disposal and shall be adequately screened. 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 shall not be permitted fewer than five (5) feet from property lines, 2001 California Building Code (Table 5A). 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. 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. Exhibit A Resolution No. 3881 July 21, 2003 Page 4 (1) 2.10 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. (1) 2.11 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) 2.12 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) 2.13 (1) 2.14 (1) 2.15 (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. 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. The Community Development and Public Works Departments shall determine whether any change in use requires an amendment to an approved Water Quality Management Plan. 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) 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 Exhibit A Resolution No. 3881 July 21, 2003 Page 5 compliance Activities. with the Statewide Permit for General Construction (1) 2.17 (1) 2.18 (1) 2,19 (1) 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. 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. Prior to issuance of grading permits, the applicant shall post with the Community Development Department a minimum $2,500 cash deposit to guarantee the sweeping of streets, and adherence with the water quality standards and construction hours affected by construction activities. In the event this deposit is depleted prior to completion of development, an additional incremental deposit will be required. 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) 2.21 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. Exhibit A Resolution No. 3881 July 21,2003 Page 6 (1) 2.22 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) 2.23 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) (3) 2.24 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. 2.25 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. (***) 2.26 Authorization of all easement holders shall be provided prior to issuance of a rough grading permit. (1) 2.27 A trash bin with surrounding enclosure shall be located on the property and maintained to avoid health issues for neighboring commercial and residential areas. An adequate size trash enclosure with solid metal, self-closing, self-latching gates shall be provided. Said enclosure shall be screened by a solid decorative wall consistent with the building's material and finish and a minimum height of six (6) feet. The actual location of the enclosure and types of screening and details of the enclosure shall be submitted at building plan check and are subject to approval by the Community Development Department. The location of the bin, size, and quantity shall be reviewed and accepted in writing by Federal Disposal Service. I.-I ~,.,,,~,,,~ , ~,,,,,, ,,o,, ,..,,~..r., ou,~j~,., to,.v,..v o,,,, approvaluy the Exhibit A Resolution No. 3881 July 21,2003 Page 7 ,o,~,,,u ~,~,~-,,,u o,*oo ,,,, oh~d~ structure other than ,~o,,v,~o awnings (4) 3.5 All ground- and wall-mounted mechanical and electrical fixtures and equipment shall be adequately and decoratively screened. 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) 3.7' All exposed metal flashing or trim shall be painted to match the building. (4) 3,9 All building mounted signs shall be designed to complement the building design, colors, and materials. Plans for all signs shall be submitted to the Community Development Department for review and approval. (4) 3.10 (2) 3.11 Lighting in the parking lot a,-~d bu:,ldi,'~g shall be 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 for review and )roval of the Develo)ment De )artment. Exhibit A Resolution No. 3881 July 21, 2003 Page 8 ~ 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. (1) 4.1 (2) 4.2 (***) 4.3 Complete landscape and irrigation plans that comply with the City of Tustin Landscape and Irrigation Guidelines shall be submitted at plan check. 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 autom~i ation ,s~.h.~[! There shall be a minimum of six (6), 24-inch box Carrotwood trees and five (5), 36-inch box Crape Myrtle trees subject to field inspection by the Community Development Department. Existing avocado and citrus trees along the Main Street alley shall be trimmed to meet the minimum clearance requirements for emergency access by Orange County Fire Authority. RESTRICTION (***) 5.1 (2) (2) T~.9 garden center shall provide a minimum of fo,-~y-fo~r (44) ~ on-site parking spaces. Preparation of a new parking study or a traffic study may be required as deemed necessary by staff if parking or circulation problems arise in the future. Any change to the square footage of the building or outdoor display, or reuse of the building for uses other than a garden center shall be submitted to the Community Development Department for review and approval. 5.2 The entire site shall be maintained from trash and stray carts at all times. All carts shall be stored in a designated area within the retail center and away from the parking areas. 5.3 Trash pickups at the project site shall not occur during the hours of 10:00 p.m. to 7:00 a.m. 5.4 Operating hours of the garden center shall be limited to the proposed hours of 8:00 a.m. to 6:30 p.m. Any change to the hours of operation or Exhibit A Resolution No. 3881 July 21, 2003 Page 9 operational standards shall be submitted to the Community Development Department for review and approval. (2) 5.5 Exterior public address systems and buzzers shall be prohibited. 5.6 Outdoor display along EL Camino Real shall be,,, · ..:_:,-,A from r-, ,-,__:_A ,~ ' -~'"" .... ":":'- ',.:- accordance with the approved site plan subject to review and approval by the Community Development Director. (2) s.7 , truck delivery hours shall be scheduled for non-peak hours of the garden center as determined by the submitted parking analysis. To facilitate on-site circulation, the garden center shall notify exit routes for truck deliveries and direct moving trucks not to interfere with customer traffic. (***) 5.8 A minimum five (5) footcandle storefront lighting shall be provided during non-operating hour of the garden center. (1) 5.9 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/plants shall be replaced within seventy-two (72) hours upon notification by the City. (1) s.10 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. (1) 5.11 All ancillary uses other than proposed for the garden center shall be approved by the Community Development Department. 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 Exhibit A Resolution No. 3881 July 21, 2003 Page 10 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; and · Landscape/irrigation. 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. H) 6.2 The applicant shall replace the alley driveway on Main Street to comply with current Federal American with Disabilities Act (ADA) requirements. (1) 6.3 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. 6.4 The El Camino Real drive apron shall be designed and constructed 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. (1) 6.5 Permission from property owners shall be required for any work located on adjacent properties. 6,6 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. H) 6.7 Prior to issuance of a grading permit, preparation of plans for and construction of the following shall be required: All sanitary sewer facilities shall be submitted as required by the City Engineer and local sewering agency. A domestic water system shall be designed and installed to the standards of the 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 the 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 Exhibit A Resolution No. 3881 July 21, 2003 Page 11 (1) 6.8 (1) 6.9 (1) 6.1o (1) 6.11 (1) 6.12 (2) (1) 6.13 (1) 6.14 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. Layout, location and sizes of new water service lines and meters, fire service lines, backflow devices, control valves, easements and connections to the City of Tustin water service distribution system shall be approved by the City of Tustin. Backflow prevention devices shall be installed in accordance with applicable standards and codes and shall be installed within an easement of suitable size to allow for unobstructed access, inspection, testing, and maintenance. 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. 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. 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). Exhibit A Resolution No. 3881 July 21, 2003 Page 12 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) 6.15 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; · 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. Exhibit A Resolution No. 3881 July 21, 2003 Page 13 (1) s.16 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 (4) 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. (4) 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." (4) 7.3 Prior to the issuance of building 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. (4) 7.4 Prior to the recordation of a subdivision map of issuance of a building permit, a note shall be placed on the map stating that all commercial structures exceeding 6,000 square feet and all structures exceeding fire department access requirements shall be protected by an automatic fire sprinkler system in a manner meeting the approval of the Fire Chief. (4) 7.5 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. The sprinkler system shall =_A,...._ ,,._ ,._,,: ................ (714) ,,,,.,,,,,~ ,,,~ ,,~,,,o o,,,,,.,,,,~ o,~,~. Please contact the OCFA at 744-0499 to request a copy of the "Orange County Fire Authority Notes for New NFPA 13 Commercial Sprinkler Systems." (4) 7.6 Prior to the issuance of a certificate of use and occupancy, the sprinkler system shall be operational in a manner meeting the approval of the Fire Chief. (4) 7.7 A note shall be placed on the fire protection access easement plan indicating that all street/road signs shall be designed and maintained to be either internally or externally illuminated in a manner meeting approval of the Fire Chief. Exhibit A Resolution No. 3881 July 21, 2003 Page 14 (4) 7.8 (4) 7.9 (4) 7.10 (4) 7.11 (4) 7.12 (4) 7.13 Prior to the issuance of any building permits, the applicant shall obtain the approval from the Fire Chief for the construction of any gates across required fire department access to the building. Two additional gates for emergency access shall be required at the northwest corner of property and at the southeast corner of the building for emergency access and firefighting purposes. 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." 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. Prior to the issuance of a 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 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." Prior to the issuance of a building permit, the applicant shall complete and submit to the Fire Chief a copy of a "Hazardous Materials Disclosure Chemical Inventory and Business Emergency Plan" packet. Please contact the OCFA Hazardous Materials Services Section at (714) 744-0463 to obtain a copy of the packet. 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. Prior to the issuance of a building permit, plans for the fire alarm system shall be submitted to the Fire Chief for review and approval. Please contact the OCFA at (714) 744-0499 or visit the OCFA website to obtain a copy of the "Guideline for New and Existing Fire Alarm Systems." Exhibit A Resolution No. 3881 July 21, 2003 Page 15 (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. Based on the Old Town Non-residential Fee Waiver Policy, City development review fees and permit fees for the first $100,000 in construction valuation (except other agency fees) for development in Old Town Tustin can be waived. Fees to be waived are collected at Planning and Building Plan Check review stage and can be reimbursed upon obtaining a building permit. 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) Payment of the Major Thoroughfare and Bridge Fees to the Tustin Public Works Department at the time a building permit is issued. As of July 1, 2003, the fee is $3.37 per square foot of the building. d) e) Payment of the Orange County Sanitation District No. 7 Sewer Connection Fees at the time a building permit is issued. The current fee is $ 675/1,000 square foot of the building. 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. Transportation System Improvement Program (TSIP) Benefit Area "A' fees in the amount of $5.53 per square feet of new or added gross square floor area of construction or improvements to the Community Development Department. g) School facilities fee to the Tustin Unified School District subject to any agreement reached and executed between the District and the applicant. The current fee for commercial development is $0.33 per square foot. h) New development fees in the amount of $0.10 per square foot of gross floor area paid to the Community Development Department. Exhibit A Resolution No. 3881 July 21, 2003 Page 16 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.