HomeMy WebLinkAboutPC RES 3889RESOLUTION NO. 3889
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TUSTIN, APPROVING DESIGN REVIEW 03-014 AND
CONDITIONAL USE PERMIT 03-013 FOR THE CONSTRUCTION
OF A 57,161 SQUARE FOOT CONDOMINIUM OFFICE COMPLEX
LOCATED AT 15151 WOODLAWN AVENUE.
The Planning Commission of the City of Tustin does hereby resolve as follows:
The Planning Commission finds and determines as follows:
That a proper application for Design Review 03-014 and Conditional
Use Permit 03-14 was filed by Russ Werdin, on behalf of
SBC/Pacific Bell, requesting approval to construct a 57,161 square
foot condominium office complex within Planning Area 8 of the
Pacific Center East Specific Plan.
The proposed project is consistent with the policies of the General
Plan land use designation "Planned Community
Commercial/Business" which provides policies and guidelines for
professional office development and complies with the Office
Center Land Use Designation of the Pacific Center East Specific
Plan regulations and development standards. 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.
Co
That the Planning Commission considered the project on August
11, 2003.
Do
Pursuant to Section 9272 of the Tustin Municipal 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 making
such findings, the Commission has considered at least the following
items:
1. Height, bulk, and area of buildings.
2. Setbacks and site planning.
3. Exterior materials and colors.
4. Type and pitch of roofs.
5. Size and spacing of windows, doors, and other openings.
6. Towers, chimneys, roof structures, flagpoles, radio and television
antennae.
7. Location, height, and standards of exterior illumination.
8. Landscaping, parking area design, and traffic circulation.
Resolution 3889
Page 2
9. Location and appearance of equipment located outside an
enclosed structure.
10. Location and method of refuse storage.
11. Physical relationship of proposed structures to existing structures
in the neighborhood.
12. Appearance and design relationship of proposed structures to
existing structures and possible future structures in the
neighborhood and public thoroughfares.
13. Development Guidelines and criteria as adopted by the City
Council.
II.
The proposed project will not have a negative effect on the
surrounding properties in that the building location, massing, scale,
and architectural design and site amenities are compatible with the
setting and similar to other commercial uses in the area.
That the Planning Commission has approved a Final Negative
Declaration for the project in conformance with the requirements of
the California Environmental Quality Act by adopting Resolution No.
3888.
The Planning Commission hereby approves Design Review 03-014 and
Conditional Use Permit 03-013 authorizing the development of a 57,161
square feet condominium office complex located at 15151 Woodlawn
Avenue, subject to conditions contained in Exhibit A attached hereto.
PASSED AND ADOPTED at a regular meeting of the Tustin Planning
Commission, held on the 11th day of August, 2003.
. //L~nda Jennings /~ (~-'
~ Chairperson ~
ELIZABETH A. BINSACK
Planning Commission Secretary
Resolution 3889
Page 3
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the
Secretary of the Planning Commission of the City of Tustin, California; that
Resolution No. 3889 was duly passed and adopted at a regular meeting of the
Tustin Planning Commission, held on the 11th day of August, 2003.
Planning Commission Secretary
EXHIBIT A
CONDITIONS OF APPROVAL
DESIGN REVIEW 03-014
AUGUST 11, 2003
(1)
(1)
(1)
GENERAL
1,1
1.2
The proposed project shall substantially conform with the submitted plans
for the project date stamped August 11, 2003, on file with the Community
Development Department, except 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 minor modifications
to plans during plan check if such modifications are to be consistent with the
provisions of the Tustin City Code and other applicable codes.
1.3
Unless otherwise specified, the conditions contained in this Exhibit shall be
complied with as specified or prior to the issuance of any grading or building
permits for the project, subject to review and approval by the Community
Development Department.
(1) 1.4
The subject project approval shall become null and void unless permits for
the proposed project are issued and substantial construction is underway
within twelve (12) months 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.
Approval of Design Review 03-014, Conditional Use Permit 03-013, and
Tentative Parcel Map 2003-169 is contingent upon the applicant 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
(2)
(3)
(4)
STANDARD CONDITION
CEQA MITIGATION
UNIFORM BUILDING CODE/S (7)
DESIGN REVlBN
(s)
(6)
RESPONSIBLE AGENCY REQUIREMENT
LANDSCAPING GUIDELINES
PC/CC POLICY
EXCEPTION
Exhibit A - Resolution 3889
DR 03-014 and CUP 03-013
Page 2
(1)
(*) 1.6
(1) 1.?
O)
(4) 1.9
As a condition of approval of Design Review 03-014, Conditional Use
Permit 03-013, and Tentative Parcel Map 2003-169, 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.
Prior to issuance of Certificate of Occupancy, Lot Line Adjustment 03-002
and Tentative Parcel Map 2003-169 shall be approved and recorded. In
addition, a covenant shall be recorded for Lot "2" to ensure that it would be
used for the purpose of common parking, ingress, egress, and utilities.
Any violation of any of the conditions imposed is subject to the payment of a
civil penalty of $100.00 for each violation, or such other amounts as the City
Council may establish by ordinance or resolution, and for each day the
violation exists, subject to the applicable notice, hearing, and appeal
process as established by the City Council by ordinance.
The applicant shall be responsible for costs associated with any necessary
code enforcement, action, including attorneys fees, subject to the applicable
notice, hearing, and appeal process as established by the City Council by
ordinance.
Project development within the Pacific Center East Specific Plan is required
to participate in mitigation of long-range traffic impacts. The City is currently
developing a fee program to provide transportation improvements that will
mitigate traffic impacts based upon the Pacific Center East Specific Plan
EIR and recently approved supplemental traffic analysis. The property
owner(s) are subject to pay fees to cover their fair share obligation upon
completion of the fee program. Pursuant to the Pacific Center East Specific
Plan and Conditional Use Permit 84-20, the property owners are required to
pay f~es to cover their fair share obligation upon completion of the Fee
Program. Prior to issuing of building permits, the property owner shall enter
into an agreement with the City to pay their fair share obligation of the traffic
and infrastructure fees.
Exhibit A - Resolution 3889
DR 03-014 and CUP 03-013
Page 3
ARCHITECTURE
(4) 1.10
All exterior colors shall be consistent with the approved colors.
Compliance shall be subject to review and approval by the Community
Development Department at final inspection. All exterior treatments must
be coordinated with regard to color, materials, and detailing and noted on
all construction plans and elevations submitted for Building Permit Plan
Check.
(4)
1.11 Provide exact details of the exterior door and window types on the
construction plans.
(4) 1.12
All ground- and wall-mounted mechanical and electrical fixtures and
equipment shall be adequately and decoratively screened. The screen
shall be considered as an element of the overall design of the project and
shall blend 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) 1.13 All exposed metal flashing or trim shall be painted to match the building.
(4) 1.14
No exterior down spouts or roof scuppers shall be permitted. All roof
drains shall utilize interior piping, but may have exterior outlets at base of
buildings.
LANDSCAPING
(4) 1.1S
Complete landscape and irrigation plans that comply with the City of
Tustin Landscape and Irrigation Guidelines shall be submitted at final plan
check.
(6) 1 .'16
An irrigation plan should be provided which shows the location and control
of backflow prevention devices at the meter, pipe size, sprinkler type,
spacing, and coverage details for all equipment. Install 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 are a few methods of increasing
irrigation efficiency.
(6) 1.17
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, trimming, mowing,
weeding, removal of litter, fertilizing, regular watering, and replacement of
Exhibit A - Resolution 3889
DR 03-014 and CUP 03-013
Page 4
(6)
(6)
USE
(4)
dead or diseased dying plants. Unhealthy or dead trees shall be replaced
within seventy-two (72) hours upon notification by the City.
1.18 All trees and landscaping, including relocated trees within the site and the
perimeter of the site, shall be maintained in a healthy and vigorous
condition.
1.19 Low water-consuming plants shall be used for landscaping wherever
feasible. Mulch shall be used extensively, where feasible, in all
landscaped areas since mulch applied to topsoil will improve the water-
holding capacity of the soil by reducing evaporation and soil compaction.
1.20
(4) 1.21
(1) 1.22
(1) 1.23
(1) 1.24
(1) 1.25
The owners/tenant shall be responsible for the daily maintenance and
upkeep of the facility, including but not limited to, trash removal, painting,
graffiti removal, and maintenance of improvements to ensure that the
facilities are maintained in a neat and attractive manner. All graffiti shall
be removed within 72 hours of a complaint being transmitted by the City to
the property owner/tenant. Failure to maintain said structure and adjacent
amenities will be grounds for City enforcement of its Property
Maintenance Ordinance~ including nuisance abatement.
The proposed office complex shall operate as office use and at the
minimum shall have a ratio of seventy-five (75) percent office uses with
limited storage area.
All building locking devices on the premises shall meet the requirements
of the City's Security Ordinance.
If, in the future the City determines that parking or traffic problems exist on
the site or in the vicinity as a result of the project, the Community
Development Director may require the applicant/property owner to prepare
an analysis and bear all associated costs. If the study indicates that the use
is not in compliance with the Pacific Center East Specific Plan or that there
is a parking or traffic impact, the applicant/property owner shall be required
to provide mitigation measures to be reviewed and approved.
All business activities, storage, or other activities shall be conducted
entirely within the subject building.
Outside storage or display of merchandise is prohibited, except as
authorized by the Community Development Director.
Exhibit A- Resolution 3889
DR 03-014 and CUP 03-013
Page 5
NOISE
(1) 1.26
(1) 1.27
CC&Rs
(4) 1.28
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.
Construction hours shall be clearly posted on the project site to the
satisfaction of the Building Official.
Prior to issuance of building permits, all organizational documents for the
project including CC&Rs shall be submitted to and approved by the
Community Development Department and the City Attorney. The
applicant is responsible for costs associated with the review of these
documents. The approved CC&Rs shall be recorded prior to, or
concurrently with, recordation of the final map. A copy of the final
documents shall be submitted to the Community Development
Department within five (5) days after their recordation. These provisions
shall include, but not be limited to, the following:
Ao
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.
A covenant of easement for ingress, egress, parking, and a
common trash enclosure shall be established.
C. Maintenance association bylaws shall be established.
Provisions for effective establishment, operation, management,
use, repair, and maintenance of all common areas and facilities
including landscaped areas, walls and fences, driveways, walks,
parking spaces, utilities, and trash enclosures shall be included.
Membership in the maintenance association shall be inseparable
from ownership in individual building.
Maintenance standards shall be provided for applicable items listed
in Section D. Examples of maintenance standards are shown
below:
Exhibit A - Resolution 3889
DR 03-014 and CUP 03-013
Page 6
All common area landscaping shall be properly maintained
such that it is 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 pedestrian traffic along
the walkways. All trees shall also be root pruned to
eliminate exposed surface roots and damage to sidewalks,
driveways, and structures.
All private driveways and sidewalks 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.
Common areas and facilities 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, or that such a condition of deterioration or disrepair
causes harm or is materially detrimental to property values
or improvements within three hundred (300) feet of the
property.
Parking spaces, driveways, sidewalks, and other access to the site
and buildings shall not be permanently or irrevocably assigned to
any individual unit, tenant, or building. The minimum required
number of accessible parking spaces required by the Americans
with Disabilities Act (ADA) shall be maintained on each of the
properties.
All utility services serving the site shall be installed and maintained
underground.
The maintenance association shall be required to file the name,
address, and telephone number of at least one member of the
association before January 1st of each year with the Community
Development Department for the purpose of contacting the
association.
The maintenance association shall inform and disclose all new
members of the association upon purchase or a lease agreement
on limitation of use of the shared access, driveways, and all
common areas and facilities.
Exhibit A - Resolution 3889
DR 03-014 and CUP 03-013
Page 7
No amendment to alter, modify, terminate, or change the
maintenance association's obligation to maintain the common
areas and facilities or other CC&R provisions in which the City has
an interest, as noted above, or to later modify, terminate, or change
the City's right to enforce maintenance of the common areas and
facilities shall be effective without prior written approval of the
Community Development Department.
PLAN SUBMITTAL
(3) 2.1
At the time of building permit application, the plans shall comply with the
2001 California Building Code (CBC), 2001 California Mechanical Code
(CMC), 2001 California Plumbing Codes (CPC), 2001 California Electrical
Code (CEC), California Title 24 Accessibility Regulations, Title 24 Energy
Regulations, City Ordinances, and State and Federal laws and 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, and partial outlines of adjacent buildings on site and off site
where applicable.
· Details for the proposed windows and doom.
· Roofing material shall be fire rated class "B" or better.
· The location of any utility vents or other equipment shall be provided
on the roof plan.
Details of all proposed lighting fixtures and a photometric study showing
the location and anticipated pattern of light distribution of all proposed
fixtures. All new light fixtures shall be consistent with the architecture of
the building. All exterior lighting shall be designed and arranged as not
to direct light or glare onto adjacent properties, including the adjacent
streets. Wall mounted fixtures shall be directed at a 90 degree angle
directly toward the ground. All lighting shall be developed to provide a
minimum of one (1) foot-candle of light coverage, in accordance with the
City's Security Ordinance.
Exhibit A - Resolution 3889
DR 03-014 and CUP 03-013
Page 8
(3) 2.3
(3) 2.4
(3) 2.5
(1) 2.6
(3) 2.7
(1) 2.8
(3) 2.9
(3) 2.10
(1) 2.11
A note shall be provided on the plans that "All parking areas shall be
illuminated with a minimum of one (1) foot-candle of light, and lighting
shall not produce light, glare, or have a negative impact on adjacent
properties."
Cross-section details showing the installation of the proposed rooftop
equipment. Rooftop equipment shall be installed and maintained so as
not to be visible from the public right-of-way.
· Note on plans that no field changes shall be made without prior
approval from the Building Official and architect or engineer of record.
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 5A).
All new glass doors and windows, in or adjacent to doors, shall be tempered
per 2001 California Building Code Section 2406.4.
Prior to permit issuance, clearances from the Orange County Fire Authority
are required.
Vehicle parking, primary entrance to the building, the primary paths of
travel, cashier space, sanitary facilities, drinking fountain, public telephones,
and site shall be accessible to persons with disabilities.
Information to ensure compliance with the requirements of the Orange
County Sanitation District No. 7.
Two (2) exits are required from the Mezzanine, with occupant loads of more
than nine (9).
Provide area analysis for all buildings, show 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:
Exhibit A - Resolution 3889
DR 03-014 and CUP 03-013
Page 9
(1) 2.12
(1) 2.13
(1) 2.14
2.16
(5) 2.16
(5) 2.17
· Technical details and plans for all utility installations including
telephone, gas, water, and electricity.
Three (3) copies of precise soil report provided by a civil engineer and
less than one (1) year old. Expanded information regarding the levels
of hydrocarbons and ground water contamination found on-site shall
be provided in the soil 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.
Drainage, vegetation, circulation, street sections, curbs, gutters,
sidewalks, and storm drains shall comply with the on-site Private
Improvement Standards.
· Two (2) copies of Hydrology Report.
The engineer of record must submit a final compaction report to the
Building Division for review and approval prior to the issuance of building
permit.
The engineer of record must submit a pad certification to the Building
Division for review and approval prior to the issuance of a building permit.
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.
Information to ensure compliance with requirements of the Orange County
Fire Authority, including fire flow and installation of fire hydrants subject to
approval of the City of Tustin Public Works, and/or Irvine Ranch Water
District.
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.
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.
Exhibit A - Resolution 3889
DR 03-014 and CUP 03-013
Page 10
2.18 No outdoor storage shall be permitted except as approved by the Tustin
Community Development Director.
(5) 2.19
Individual trash can service may be provided on the site provided that such
service is acceptable in writing by Federal Disposal Service. In the event
that trash bin service is requested either at this time or in the future by
Federal Disposal Service, a trash bin with surrounding enclosure shall be
located on the property. 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 adjacent building's material and finish and be of 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 Services.
(5) 2.20
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.
WATER QUALITY
(1) 3.1
Prior to issuance of grading permits, the applicant shall obtain approval of
the Community Development and Public Works Departments for 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 which will be implemented on this project and shall
detail the 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. The property
owner and applicant shall be responsible for implementing the provisions of
the WQMP on an ongoing, permanent basis.
(1) 3.2
Prior to submittal of a Water Quality Management Plan (WQMP), the
applicant shall submit a deposit of $2,700.00 for the estimated costs 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 and '
Exhibit A - Resolution 3889
DR 03-014 and CUP 03-013
Page 11
(1) 3.3
(1) 3.4
(1) 3.5
(1) 3.6
pay for any additional review costs that exceed 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.
Prior to the issuance of any permits, the property owner and applicant
shall provide written consent and authorization to enter the property for
the purpose of conducting compliance assessments. An authorized
inspector may inspect the property for the purpose of verifying compliance
with Chapter 4 of the Tustin City Code (Water Quality Ordinance) and
verifying compliance with the approved Water Quality Management Plan.
The Community Development and Public Works Departments shall
determine whether any proposed change in use requires an amendment
to an approved Water Quality Management Plan.
The following requirements shall be defined on permit plan cover sheets
as either general or special notes, and the project shall be implemented in
accordance with the notes:
· Construction sites shall be maintained in such a condition that an
anticipated storm does not carry wastes or pollutants off the site.
Discharges of material other than stormwater are allowed only when
necessary for performance and completion of construction practices
and where they do not cause or contribute to a violation of any water
quality standard; cause or threaten to cause pollution, contamination,
or nuisance; or contain a hazardous substance in a quantity reportable
under Federal Regulations 40 CFR Parts 117 and 302.
Potential pollutants include, but are not limited to, solid or liquid
chemical spills; wastes from paints, stains, sealants, glues, limes,
pesticides, herbicides, wood preservatives and solvents; asbestos
fibers, paint flakes or stucco fragments; fuels, oils, lubricants, and
hydraulic, radiator or battery fluids; fertilizers, vehicle/equipment wash
water and concrete wash water; concrete, detergent or floatable
wastes; wastes from any engine equipment steam cleaning or
chemical degreasing; and superchlorinated potable water line
flushings. During construction, disposal of such materials should
occur in a specified and controlled temporary area on-site, physically
Exhibit A - Resolution 3889
DR 03-014 and CUP 03-013
Page 12
(1) 3.7
(1) 3.8
separated from potential storm water run-off, with ultimate disposal in
accordance with local, State, and Federal requirements.
Dewatering of contaminated groundwater, or discharging contaminated
soils via surface erosion, is prohibited. Dewatering of non-
contaminated groundwater requires a National Pollutant Discharge
Elimination System Permit from the California State Regional Water
Quality Control Board.
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, 10, and 12
through 24, 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.
Erosion control measures will be developed and incorporated into final
grading plans for the project to minimize potential increases in erosion
and sediment transport during the short-term construction phases. Such
measures could include the timely seeding of graded slopes, scheduling
major grading phases during the non-rainy season, and the use of
temporary control measures, e.g., perimeter sandbagging. Said
construction erosion and sediment control plans for minimizing
construction erosion will be submitted to the City of Tustin for review and
approval prior to issuance of grading permits.
Development of appropriate pollution control plans (e.g., a street
sweeping program, periodic storm drain system cleaning, and developing
landscape plans which control the use of fertilizer and pesticides) will be
considered as means of reducing long-term water quality impacts. Long-
term erosion and sediment control within proposed development areas will
be provided with the installation of downdrains, terrace drains, and brow
ditches as necessary, and the continued maintenance of slope vegetation
A variety of best management practices including BMP Nos. 1, 3 through
9, 11 through 15, 18, and 24, 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
Exhibit A - Resolution 3889
DR 03-014 and CUP 03-013
Page 13
storm water run-off, with ultimate disposal in accordance with local, State,
and Federal regulations.
(1)
3.9
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.
3.10
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) 3.11
VVhen 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.
Tentative Parcel Map
(1) 4.1
Prior to issuance of grading permit, the applicant shall prepare a Tentative
Parcel Map consistent with City of Tustin Subdivision Manual.
(1)
4.2
The applicant shall provide copies of the following documents to verify
property boundary:
August 15, 1963 6677/549 O.R.
June 14, 1887 245/223 L.A. Co.
(1)
4.3
The applicant shall provide copies of the following documents to verify
encumbrances:
November 3, 1919 345/59 Dds.
May 22, 1985 Inst. # 85-187047 O.R.
May 22, 1985 Inst. # 85-187049 O.R.
(1)
4.4
The applicant shall provide conformance of the following Subdivision
Manual Sections to Tentative Parcel Map:
Section 5.3-C Items 4 and 5, Graphic and Linear Representation
Section 5.3-F Item 5, Location and Boundary Delineation
Section 5.3-G Item 4, 20 and 22, Supplemental Information
Exhibit A - Resolution 3889
DR 03-014 and CUP 03-013
Page 14
(1) 4.5
The applicant shall provide fire protection access easements and dedicate
them to the City. The easements shall be located within unobstructed
areas and clear access shall be provided at all time. If the fire protection
access easements are not dedicated on the final map, a separate
instrument shall be submitted for review and recordation.
(1)
4.6
Within 24 months from tentative map approval, the subdivider shall record
with appropriate agencies a final map prepared in accordance with
subdivision requirements of the Tustin Municipal Code, the State
Subdivision Map Act, and applicable conditions contained herein unless an
extension is granted pursuant to Section 9323 of the Tustin Municipal Code.
Time extensions may be considered if a written request is received by the
Community Development Department within thirty (30) days prior to
expiration.
4.7
The subdivider shall conform to all applicable requirements of the State
Subdivision Map Act, the City's Subdivision Ordinance, and the City's
zoning regulations.
(5) 4.8
The subdivider shall be required to execute subdivision/monumentation
agreements and provide improvement/monumentation bonds to the City
prior to recordation of the final map.
ENGINEERING
(4) 5.1
Due to the close proximity of the parking spaces at the end of the aisles
adjacent to buildings 1 through 6 to the loading and unloading area, these
parking spaces shall be designated as employee parking only.
(4)
5.2
At plan check submittal, provide an on-site striping and signing plan.
Internal controls and markings shall serve to provide acceptable on-site
circulation.
(4)
5.3
Applicant shall install red curb between the two proposed driveways and
from the easterly property line to the northerly driveway along Industrial
Drive and Woodlawn Avenue.
(4)
5.4
Ten (10) foot wide water service lateral easements and meter box
easements shall be provided. Easements shall be located within
unobstructed areas and clear access to the meter boxes shall be provided
at all time.
(5)
5.5
Prior to issuance of building permits, hydraulic analysis of proposed water
distribution system and ability to meet OCFA fire flow demands and
requirements shall be performed and certified by the developer.
Exhibit A - Resolution 3889
DR 03-014 and CUP 03-013
Page 15
(1) 5.6
(1) 5.7
(1) 5.8
(1) 5.9
(1) 5.10
(1) 5.11
(1) 5.12
(1)
Prior to issuance of building permits, layout, location and sizes of the
water distribution mains, water service lines and meters, fire service lines,
backflow devices, control valves, easements and connections to the City
of Tustin distribution system shall be approved by the City of Tustin.
Prior to issuance of certificate of occupancy, water system improvements
shall be installed by the developer and conveyed to the City of Tustin.
Developer shall be responsible for all costs relating to the installation of
new domestic and firewater services and water connection fees.
Developer shall be responsible for all costs of installation of new fire
hydrants.
All water distribution lines shall be of ductile iron material.
Prior to recordation of the Final map, the applicant shall acquire an
easement from the adjacent property for connection of proposed water
service to existing water service.
A separate 24" x 36" street improvement plan, as prepared by a California
Registered Civil Engineer, will be required for all construction within the
public right-of-way. Construction and/or replacement of any missing or
damaged public improvements will be required adjacent to this
development. Said plan would need to include, but not be limited to, the
following:
a) Curb and Gutter f)
b) Sidewalk, including curb rampsg)
for the physically disabled h)
c) Drive aprons i)
d) Street lighting
e) Catch basin/storm drain laterals/
connection to existing storm drain system
Domestic water facilities
Sanitary sewer facilities
Landscape/irrigation
Underground utility connections
In addition, a 24" x 36" reproducible construction area traffic control plan,
as prepared by a California Registered Traffic Engineer or Civil Engineer
experienced in this type of plan preparation will be required.
Preparation of a sedimentation and erosion control plan for all work
related to this development will be required.
5.13 Preparation of plans for and construction of:
All sanitary sewer facilities must be submitted as required by the
City Engineer and local sewering agency.
Exhibit A - Resolution 3889
DR 03-014 and CUP 03-013
Page 16
(1) 5.14
(1) 5.15
(1) 5.16
(1) 5.17
(1) 5.18
(4) 5.19
(4) 5.20
(1) 5.21
A domestic water system must be designed and installed to the
standards of the City of Tustin Water Services Division.
Improvement plans would also need to 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 would also need to conform to the
applicable laws and adopted regulations enforced by the Orange
County Health Department. Release/approval from East Orange
County Water District would need to be obtained prior to receiving
water service.
A complete hydrology study and hydraulic calculations would need to be
submitted for review and approval by the City.
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:
· 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 would need to be utilized whenever possible.
Any damage done to existing street improvements and utilities would
need to 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 must
be obtained from and applicable fees paid to the Public Works
Department.
Reciprocal ingress, egress, parking, and pedestrian easements will need
to be provided between each lot.
Current Federal Americans with Disabilities Act (ADA) requirements will
need to be met at the drive aprons.
In addition to the normal full-size plan submittal process, all final
development plans including, but not limited to: tract maps, parcel maps,
right-of-way maps, records of survey, public works improvements, private
Exhibit A - Resolution 3889
DR 03-014 and CUP 03-013
Page 17
(1) 5.22
(1) 5.23
(1) 5.24
(1) 5.25
(1) 5.26
(1) 5.27
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). In
order to interchangeably utilize the data contained in the infrastructure
mapping system, CADD drawings must be in AutoCAD "DWG" format
(i.e., produced using AutoCAD or AutoCAD compatible CADD software).
The most current version of AutoCAD is Release 2000. Drawings created
in AutoCAD Release 14 are compatible and acceptable.
The CADD files would need to be submitted to the City at the time the plans
are approved and updated CADD files reflecting "as built" conditions would
need to be submitted once all construction has been completed. The
subdivision bonds will not be released until the "as built" CADD files have
been submitted.
Subdivider's execution of a subdivision/monumentation agreement and
furnishing the improvementJmonumentation bonds as required by the City
Engineer prior to recordation of the Final Map.
The subdivider would need to satisfy dedication and/or reservation
requirements as applicable including, but not limited to, dedication of all
required street and flood control right-of-way easements, vehicular access
rights, sewer easements, and water easements defined and approved as to
specific locations by the City Engineer and other agencies.
Prior to recordation of a Final Map, the applicant would need to provide fire
protection access easements and dedicate them to the City. The
easements would need to be located within unobstructed areas and clear
access would need to be provided at all times.
Preparation and recordation of a final subdivision map will be required.
This development would need to 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.
The City of Tustin is required to comply with State of California Waste
Recycling requirements. To facilitate City compliance with this law, the
Project Applicant/Contractor is required to submit and obtain approval
from the Public Works Department of a Project Recycling Plan prior to the
issuance of any grading, encroachmeht, or building permit. The Project
Recycling Plan would need to demonstrate recovery and recycling of at
least 50 percent of the total waste generated by the project and would
need to consist of the following components:
Exhibit A - Resolution 3889
DR 03-014 and CUP 03-013
Page 18
(5) 5.28
In a narrative form, describe efforts which will be utilized to minimize
the generation of waste during the project; and
Provide an estimate of the total amount of waste to be generated for
the entire duration of the project; and
Provide an estimate of the total amount of recyclable materials
generated by the project, identified by recyclable material type; and
Identify waste hauler(s) to be utilized during the project. Note: 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; and
Identify recyclable material processing facilities which will be utilized to
process materials generated by the project; and
Demonstrate that no waste generated by the project will be sent
directly to any landfill; and
Prior to the issuance of a Notice of Completion or 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 an occupancy 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 50 percent of the total waste anticipated to be generated by
each tenant.
Prior to issuance of any grading, encroachment, or building permit, the
applicant is required to submit waste trash enclosure plans to the
Public Works Department which demonstrate the provision of
adequate physical space to accommodate all planned tenant recycling
programs.
The City of Tustin has contracted with Federal Disposal Service of Santa
Ana to provide all waste disposal and recycling services within the Tustin
city limits. This is an exclusive contract that prohibits the use of other
waste haulers to collect and dispose of any waste materials.
ORANGE COUNTY FIRE AUTHORITY (OCFA)
(5) 6.1 Prior to the issuance of any building permits, the applicant shall obtain
approval of the Fire Chief for all fire protection access roads to within 150
Exhibit A - Resolution 3889
DR 03-014 and CUP 03-013
Page 19
(5) 6.2
(5) 6.3
(5) 6.4
(5) 6.5
(5) 6.6
feet of all portions of the exterior of every structure on-site. Please contact
the OCFA at (714) 744-0499 or visit the OCFA website to obtain a copy of
the "Guidelines for Emergency Access."
Prior to the issuance of a precise 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."
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
Fire Chief.
Prior to the issuance of any building 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."
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.
Prior to recordation of any final parcel map, the subdivider shall place a
note on the map meeting the approval of the Fire Chief that the property is
"Conditionally Excluded" from a "Special Fire Protection AreaNery High Fire
Hazard Severity Zone" and must meet all conditions of exclusion as
required by the Fire Chief.
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
Exhibit A - Resolution 3889
DR 03-014 and CUP 03-013
Page 20
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)
6.7
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)
6.8
Prior to the issuance of any building permits, the applicant shall submit a
fire hydrant location plan to the Fire Chief for review and approval.
(s)
6.9
Prior to the issuance of a building permit, the applicant shall submit
evidence of the on-site fire hydrant system to the Fire Chief and indicate
whether it is public or private. If the system is private, it shall be reviewed
and approved by the Fire Chief prior to building permit issuance, and the
applicant shall make provisions for the repair and maintenance of the
system in a manner meeting the approval of the Fire Chief. Please contact
the OCFA at (714) 744-0499 or visit the OCFA website for a copy of the
"Guidelines for Private Fire Hydrant and/or Sprinkler Underground Piping."
($)
6.10
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."
(s)
6.11
Prior to the issuance of any 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.
(s)
6.12
Prior to the recordation of a subdivision map, a note shall be placed on
the map stating that all commercial structures exceeding 6,000 square
feet (per amendment) 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.
Exhibit A - Resolution 3889
DR 03-0'14 and CUP 03-013
Page 21
(5) 6.13 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."
(5) 6.14 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.
(s) 6.16
(5) 6.16
(5) 6.17
(6) 6.18
(5) 6.19
(5) 6.20
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
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 any building permits, the applicant shall submit a
detailed letter of intended use for each building on-site to the Fire Chief
for review and approval.
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." This
system shall be operational prior to the issuance of a certificate of use
and occupancy.
Prior to the issuance of a building permit or installation of any
aboveground or any underground tank, plans 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 "Guidelines for Private
Use Dispensing of Motor Vehicle Fuel from Protected or Multi-Hazard
Exhibit A - Resolution 3889
DR 03-014 and CUP 03-013
Page 22
FEES
(c)
(c)
Aboveground Storage Tanks," or "Guidelines for the Installation and
Modification of Underground Storage Tanks at Fuel Dispensing Stations."
7.1
7.2
Prior to issuance of any grading or building permits, payment shall be made
of all required fees including, but not limited to:
Transportation System Improvement Program (TSIP) in the amount
of $3.31 per square foot for new or added gross floor area of
construction or improvements.
bo
Major Thoroughfare and Bridge Fee in the amount of $3.37 per
square foot as of July 1, 2003.
School District Fee in the amount of $.34 per square foot of new or
added gross square floor area of construction or improvements to
the Tustin Unified School District.
New Development Fee in the amount of $.10 per square foot of
floor area to the Community Development Department.
eo
Orange County Sanitation District No. 7 Sewer Connection Fees in
the amount of $675/1,000 square foot (average capacity demand).
f. Plan Check Fees to the Community Development Department
based on the most current schedule.
Public Works/Engineering plan check and permit fees to the Public
Works/Engineering Department based on the most current
schedule.
Orange County Fire Authority plan check and inspection fees to the
Community Development Department based upon the most current
schedule.
Within forty-eight (48) hours of project approval, the applicant would need
to 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
Exhibit A- Resolution 3889
DR 03-014 and CUP 03-013
Page 23
provisions of the California Environmental Quality Act could be
significantly lengthened