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HomeMy WebLinkAboutPC RES 3893RESOLUTION NO. 3893 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING A SlX (6) MONTH EXTENSION OF CONDITIONAL USE PERMIT 01-025 AND DESIGN REVIEW 01-031 TO AUTHORIZE THE CONSTRUCTION OF A 14,500 SQUARE FOOT CHURCH FACILITY WHICH INCLUDES A 3,900 SQUARE FOOT SANCTUARY, SUNDAY SCHOOL/BIBLE STUDY CLASSROOMS, OFFICES, AND RELATED SITE IMPROVEMENTS ON THE PROPERTY IDENTIFIED AS LOT 7 OF TRACT 12870, LOCATED ON THE NORTHEAST CORNER OF TUSTIN RANCH ROAD AND RAWLINGS WAY. THE DATE OF EXPIRATION OF THE PROJECT APPROVAL SHALL BE MARCH 1, 2004. The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: That a proper request to extend Conditional Use Permit 01-025 and Design Review 01-031 was filed by The Church at Tustin Ranch, which approved construction of a 14,500 square foot church facility which includes a sanctuary, classrooms, offices, and related site improvements on the property identified as Lot 7 of Tract 12870, located on the northeast corner of Tustin Ranch Road and Rawlings Way. That the church use is conditionally permitted pursuant to Section 3.6.2 of the East Tustin Specific Plan. That the proposed use is consistent with the General Plan land use designation "Planned Community Residential" which provides for public and institutional facilities such as churches. 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. That a public hearing was duly called, noticed, and held on said application on October 8, 2001, by the Planning Commission. That on July 17, 2003, the applicant submitted a request to amend Condition 1.3 of Planning Commission Resolution No. 3806 to extend the expiration of approvals of Conditional Use Permit 01-025 and Design Review 01-031. That the extension of the project expiration date by six (6) months to March 1, 2004, will not be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of the proposed use, nor be injurious or detrimental to the property and Resolution No. 3893 Conditional use Permit 01-025 and Design Review 01-031 (extension) August 25, 2003 Page 2 improvement on the neighborhood of the subject property, or to the general welfare of the City of Tustin with the additional condition of approval related to hours of operation, water quality, and storm water discharges. That the establishment, maintenance, and operation of the use applied for will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood 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, as evidenced by the following findings: 1) The proposed church use is compatible with the surrounding uses in that the sanctuary, classrooms, and offices support the church use which is conditionally permitted within the "Community Facility" designation of the East Tustin Specific Plan. 2) Traffic within the surrounding area will not be significantly impacted by the proposed church use since the peak hours for the church use will occur on Sundays and weeknights and will not conflict with the traffic generated from the adjacent elementary school. The proposed church office use that will be in operation during the elementary school hours will not impact the Level of Service on Rawlings Way or Tustin Ranch Road. 3) As conditioned, the use will not have a negative effect on the surrounding property owners or impact the availability of off-street parking in that the required parking is satisfied by the required 241 off-street parking spaces. 4) As conditioned, the use of 50 compact spaces as required parking will not have a negative effect on the surrounding property owners or impact the use of the off-street parking spaces. 5) As conditioned, the proposed church use is not anticipated to result in any noise or traffic impacts. Restricting the hours of operation of the facility from 7:00 a.m. to 11:00 p.m. will ensure that the use will not disrupt nearby residences during quiet nighttime and early morning hours. In addition, restricting the hours of operation for the sanctuary and classrooms between 7:00 a.m. and 9:00 a.m. on weekdays will ensure that there is no traffic congestion on Rawlings Way or Tustin Ranch Road in the vicinity of the project related to the church use due to conflicts with the start time of the adjacent public school on Rawlings Way. Resolution No. 3893 Conditional use Permit 01-025 and Design Review 01-031 (extension) August 25, 2003 Page 3 6) 7) 8) As conditioned, the design of the proposed building is compatible with the style of the surrounding residential neighborhoods and the mass is consistent with other community buildings within the East Tustin Specific Plan area. The proposed facility will not be a detriment to the public health, safety, welfare, or aesthetics of the community. 9) As conditioned, the proposed lighting will not produce excessive light or glare or have a negative impact on the adjacent properties and will not be a detriment to the public health, safety, welfare, or aesthetics of the community. The proposed vegetation and screen walls will provide a buffer between the adjacent residential properties, school site, and public right-of-way reducing any visual impacts of the site and ensuring that the proposed facility will not be a detriment to the public, health, safety, welfare, or aesthetics of the community. The proposed hours of operation are appropriate for the area. The proposed uses do not include using the facility for any type of 24- hour function that might generate excessive noise and traffic during late nights and early mornings. Pursuant to Section 9272 of the Tustin Municipal Code, the Planning Commission finds that the location, size, architectural features, and general appearance of Design Review 01-031, as conditioned, 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. 4. 5. 6. 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. Landscaping, parking area design, and traffic circulation. Resolution No. 3893 Conditional use Permit 01-025 and Design Review 01-031 (extension) August 25, 2003 Page 4 II. 8. Location, height and standards of exterior illumination. 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. That the project has been reviewed for compliance with the Americans with Disabilities Act of 1990, and it has been determined that dedications of right-of-way to accommodate a four (4) foot wide sidewalk behind the drive apron are necessary for compliance with the requirements of the ADA. A Final Negative Declaration has been adopted for this project in accordance with the provisions of the California Environmental Quality Act (CEQA). The Planning Commission hereby approves Conditional Use Permit 01-025 and Design Review 01-031 authorizing the construction of a 14,500 square foot church facility which includes a sanctuary, offices, Sunday school/Bible study classrooms, and related site improvements on the property identified as Lot 7 of Tract 12870, located on the northeast corner of Tustin Ranch Road and Rawlings Way, subject to the conditions contained within Exhibit A, attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting held on the 25th day of August, 2003. /" . ~ ' ~7~-/' .~L/. ~,.... ..... UNDA C. JENNIN~Sy (~ .~ Chairperson ~ ELI~BETH A. BINSACK Planning Commission Secreta~ STATE OF CALIFORNIA ) COUNTYOF ORANGE ) CITY OF TUSTIN ) I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3893 passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 25th day of August, 2003. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A RESOLUTION NO. 3893 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 0'1-025 AND DESIGN REVIEW 0'1-03'1 GENERAL (1) 1.1 The proposed use shall substantially conform with the submitted plans for the project date stamped October 8, 2001, 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 found to be consistent with the provisions of the Tustin City Code and other applicable codes. (1) '1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified or prior to the issuance of any building permits for the project, subject to review and approval by the Community Development Department. (1) 1.3 (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 by March 1, 2004. 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 Conditional Use Permit 01-025 and Design Review 01-031 is contingent upon the applicant and property owner signing and returning to the Community Development Department within seven (7) days of approval, 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 within seven (7) days of approval. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. The Agreement to Conditions Imposed shall also include an acknowledgement by the applicant that imposition of the conditions of approval specified in this exhibit do not impose a substantial burden on religious exercise and that each of these conditions are (1) in furtherance of compelling governmental interests, and (2) the least restrictive means of furthering such compelling governmental interests. SOURCECODES (2) (3) (4) STANDARD CONDITION CEQA MITIGATION UNIFORM BUILDING CODE/S DESIGN REVIEW (s) (6) (7) RESPONSIBLE AGENCY REQUIREMENT LANDSCAPING GUIDELINES PC/CC POLICY EXCEPTION Exhibit A Resolution 3893 August 25, 2003 Page 2 (1) The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of a challenge of the City's approval of this project. (1) 1.6 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. (1) 1.7 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. (1) 1.8 Conditional Use Permit 01-025 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. The Community Development Director shall review the use to ascertain compliance with conditions of approval. If the use is not operated in accordance with Conditional Use Permit 01-025, or is found to be a nuisance or negative impacts are affecting the surrounding neighborhood, the Community Development Director shall impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the Conditional Use Permit. (***) 1.9 Prior to construction of Phase II, separate Conditional Use Permit and Design Review entitlements shall be obtained. PLAN SUBMITTAL (1) Exiting shall comply with the requirements of Chapter 10 of the 1998 California Building Code. (1) 2.2 Provide complete details for accessible paths of travel for persons with disabilities throughout the site. Vehicle parking, the primary entrance to the building, the primary paths of travel, sanctuary, offices, classrooms, all sanitary facilities, the platform, drinking fountains, and public telephones shall be accessible to persons with disabilities in accordance with Chapter 11-B of the 1998 CBC. (1) 2.3 At plan check, submit seven (7) sets of construction plans, two (2) sets of structural calculations and Title 24 energy calculations prepared by a licensed engineedarchitect. No field changes shall be made without Exhibit A Resolution 3893 August 25, 2003 Page 3 (1) 2.4 (2) 2.5 (1) 2.6 (2) 2.7 (2) 2.8 (2) 2.9 corrections submitted to and approved by the Community Development Department. Indicate on the title sheet the applicable codes, City, State, and Federal laws and regulations to include: · 2001 Uniform Building Code with California Amendments; · 2001 Uniform Mechanical and Plumbing Codes with California Amendments; · 2001 National Electrical Code with California Amendments; · California Title 24 Accessibility Regulations; · Title 24 Energy Regulations; · City of Tustin Grading and Security Ordinance; · City of Tustin Landscaping and Irrigation Guidelines; and, · City of Tustin Private Improvements Standards. Submit four (4) sets of final excavating/grading plans consistent with the site and landscape plans and three (3) preliminary soils reports to the Building Division for review and approval prior to the issuance of a grading permit. Submit preliminary technical details and all plans for all four (4) utility installations including telephone, gas, water, and electricity. Additionally, a note on the plans shall be included stating that no field changes shall be made without corrections submitted to and approved by the Building Official. Submit three (3) copies of the precise soils engineering report provided by a civil engineer within the previous twelve (12) months. Expanded information regarding the levels of hydrocarbons and ground water contamination found on site shall be provided in the submitted soils report. All pavement "R" values shall be in accordance with applicable City of Tustin standards. 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. The engineer of record shall submit a letter of pad certification to the Building Division for review and approval prior to the issuance of a building permit. Exhibit A Resolution 3893 August 25, 2003 Page 4 (2) 2.10 (2) 2.11 (2) 2.12 (2) 2.13 (2) 2.14 (3) 2.15 (3) 2.16 (1) 2.17 (1) 2.18 Drainage, vegetation, circulation, street sections, curbs, gutters, sidewalks, and storm drains shall comply with the on-site Private Improvement Standards. All site drainage shall be handled on site and shall not be permitted to drain onto adjacent properties. All grading, drainage, vegetation, and circulation shall comply with the City of Tustin Grading Manual. All construction activity shall comply with the Tustin Grading Manual which requires frequent watering of the project site to control dust. All street sections, curbs, gutters, sidewalks, lighting and storm drains shall comply with on-site improvement standards. Any deviations shall be brought to the attention of the Building Official and request for approval shall be submitted in writing prior to any approval. The applicant shall comply with all City and South Coast Air Quality Management District 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 fifteen (15) miles per hour. The plans submitted for plan check shall indicate that the 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 1998 California Plumbing Code, Chapter 4, Table 4-1 as per type of group occupancy, or as approved by the Building Official. 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 of a 96-inch wide loading area. Two (2) exits are required from Sunday school/Bible study rooms with an occupant load of more than six (8) children under the age of seven (7), per Table 10-A of the 1998 California Building Code. The location of any utility vents or other equipment shall be provided on a roof plan. A cross-section detail of the building shall be provided showing the installation of the proposed rooftop equipment. Rooftop equipment shall be installed and maintained so as not to be visible from public right-of-way view. Exhibit A Resolution 3893 August 25, 2003 Page 5 (4) 2.19 (1) 2.20 (1) 2.21 (1) 2.22 (2) 2.23 (2) 2.24 (2) 2.25 (1) 2.26 The location of utility meters, gutters, and any ground- or building-mounted equipment shall be illustrated on the plans. All equipment shall be incorporated into the architecture. All downspouts shall be designed to be internalized within the structure. All parapets shall be at least six (6) inches above rooftop equipment for purposes of screening. Details of the proposed windows and doors shall be provided in a schedule. Roof material shall be barrel clay tile of a class "B" or better. All exposed metal flashing or trim shall be anodized or painted compatible with main buildings. All exterior colors to be used shall be subject to the review and approval by the Community Development Department. Sufficient articulation and quality materials shall be required to articulate the intent of the design depicted on the elevations. 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. 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. Provide a final lighting plan, including manufacturer's details of proposed fixtures, and a photometric study. Lighting installed on buildings shall be of a decorative design, architecturally compatible with the fixtures on the existing buildings. All lighting shall be developed to provide a minimum of one (1) footcandle of light coverage, in accordance with the City's Security Code, and a maximum of 10 footcandles. The lighting plan shall identify the location, type of fixture, and intensity of all exterior building-mounted and free-standing lighting provided. Light fixtures shall not exceed 20 feet in height and shall be arranged so that direct rays will not shine on adjacent properties or produce glare for street traffic. A note "Lighting shall not produce light or glare or have a negative impact on adjacent properties" shall be added to the plan. A surety/cash bond shall be required to assure work is completed in accordance with approved plans. Bonds will be based upon the estimated cost of the grading, drainage, and erosion control prior to the issuance of a grading permit. Exhibit A Resolution 3893 August 25, 2003 Page 6 (2) 2.27 Information to ensure compliance with requirements of the Orange County Fire Authority shall be provided. This includes required fire flow and installation where required, fire hydrants subject to approval of the Fire Authority, City of Tustin Public Works Department and the Irvine Water District. (1) 2.28 Pursuant to the City of Tustin's Security Ordinance and the Uniform Fire Code, the street number shall be displayed in a prominent location on the street side of the building. The numerals shall be no less than six (6) inches in height and shall be of contrasting color to the background to which they are attached and illuminated during hours of darkness. (1) 2.29 Plans for the proposed trash enclosure shall be submitted to the Community Development Department for review and approval. The trash enclosure shall comply with Federal Disposal Services and City of Tustin standards. A letter from Federal Disposal Services shall be provided verifying approval of size, quantity, and location of the proposed trash enclosure. Two (2) dumpsters shall be provided in the trash enclosure, one dumpster for regular trash and one dumpster for recycle items. The trash enclosure shall be enclosed by a solid decorative wall consistent with the materials and finish of the main building. The maximum height of the enclosure shall be six (6) feet with a solid metal, self-closing, self- latching gate. (1) 2.30 A note shall be provided on the plans that no field changes will be made without prior approval from the Building Official, architect and engineer of record. 2.31 No outdoor storage shall be permitted except as approved by the Community Development Director. LANDSCAPING (6) 3.1 The applicant shall comply with the City of Tustin Landscape and Irrigation Guidelines. Areas adjacent to the east and west sides of the building may be planted with a sod or similar material. (6) 3.2 Provide detailed landscape and irrigation plans for all landscaping areas on the site and include the following information: Exhibit A Resolution 3893 August 25, 2003 Page 7 ao A summary table applying indexing identification to plant materials in their actual location. The plan and table must list botanical and common names, sizes, spaces, actual location and quantity of the plant materials proposed. Planting and berming details, soil preparation, staking, etc. The irrigation plan shall show location and control of backflow prevention devices, pipe size, sprinkler type, spacing, and coverage. Details for all equipment must be provided. All property lines on the landscaping and irrigation plans, public right- of-way area, sidewalk widths, parkway areas, and wall location, if any. Note on landscaping plan that coverage of landscaping irrigation materials is subject to field inspection at project completion by the Community Development Department. (6) 3.3 The landscape and irrigation plans shall identify the following: (2) A berm or wall at least thirty (30) inches in height and a maximum of forty-two (42) inches to be located adjacent to Rawlings Way and Tustin Ranch Road to provide a screen between the parking lot and the right- of-way. Cross section details of the berm or wall shall be provided. Screen walls adjacent to the right-of-way shall be consistent with the design, materials, and colors of the existing tract boundary walls. A thick landscape screen to be planted along the northerly property line of the project which abuts Lot 6 of Tract 12870, which is the elementary school site. A six (6) foot (8) inch masonry wall to be provided along the easterly property line of the project which abuts the Tustin Ranch Estates residential tract. · Extension of the proposed six (6) foot high decorative wrought iron fence and access gates to enclose the playground area. USE RESTRICTIONS 4,1 The administrative offices may only operate from 7:00 a.m. to 11:00 p.m. daily and the sanctuary and Sunday School/Bible Study classrooms may Exhibit A Resolution 3893 August 25, 2003 Page 8 (2) (2) (2) (2) (2) (2) (1) only operate from 9:00 a.m. to 11:00 p.m. on weekdays and 7:00 a.m. to 11:00 p.m. on the weekends. 4.2 Deleted 4.3 The facility shall be limited to assembly uses for church and associated services, Sunday school, and offices uses. The maximum number of occupants on the premises shall be 723 and/or whatever future parking can accommodate as determined by the Community Development Director. 4.4 No overflow seating is permitted at any time in the foyer, hallways, and side entries. 4.$ Deleted 4.6 If in the future the City determines that parking, traffic, or noise problems exist on the site or in the vicinity as a result of the church use operating outside the scope of CUP 01-025, Tustin City Code or the East Tustin Specific Plan, the Community Development Director may initiate revocation of CUP 01-025 or 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 Tustin City Code or that there is a parking, traffic, or noise impact, the applicant/property owner shall be required to provide mitigation measures to be reviewed and approved by the Planning Commission. 4.7 A Temporary Use Permit shall be obtained in accordance with the Tustin City Code for any indoor or outdoor special event that is not specified in the schedule of uses in Condition 4.3 prior to the scheduled date. If a Temporary Use Permit is not necessary, any indoor special event not specified in the schedule of uses may be approved by the Community Development Director by submitting a written request at least seven (7) days prior to the event. Written proof of coordination with the adjacent school operation shall be provided to minimize potential traffic and parking impacts (i.e. avoid special events occurring at the same time, start/end time coordination could serve to minimize impacts). PARKING 5,1 For the purposes of determining off-street parking, the parallel spaces shall not be used for required parking spaces. A minimum of 241 off-street parking spaces shall be provided. Exhibit A Resolution 3893 August 25, 2003 Page 9 SIGNAGE (1) 6.1 (1) (2) (1) (2) A separate set of plans for the monument sign, wall signs, and directional signs shall be submitted at plan check. A non-illuminated monument sign with a brick base, concrete face, and recessed lettering, similar to the approved sign Design Review 98-029, which was six (6) feet high, seventy- five (75) square feet and oriented toward the corner of Rawlings Way and Tustin Ranch Road shall be submitted for review and approval by the Community Development Director. The sign structure and face shall be maintained in good condition at all times. PUBLIC WORKS 7.1 The entrance driveway width shall be thirty-five (35) feet maximum, per City standards and consistently illustrated on all plans. 7.2 Lots S, T, and KKK are designated for landscape and sidewalk purposes only and are not permitted to be used for the proposed development. The development shall be constructed only within Lot 7 of amended Map No. 1 of a portion of Tract 12870. The lettered lots shall only be used to meet the landscaping requirements. 7.3 A separate 24 inch by 36 inch street improvement plan, as prepared by a California Registered Civil Engineer, will be required for all construction within the public right-of-way. Construction and/or replacement of any missing or damaged public improvements will be required adjacent to this development. Said plan shall include, but not limited to, the following: Curb and gutter; Sidewalk, including curb ramps for the physically disabled; Drive aprons; Connection to existing storm drain system; Domestic water facilities; Reclaimed water facilities; Sanitary sewer facilities; and, Underground utility connections. 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. 7.4 Existing sewer, domestic water, reclaimed water and storm drain service laterals shall be utilized whenever possible. Exhibit A Resolution 3893 August 25, 2003 Page 10 (1) 7.s (1) 7.6 (1) 7.7 (1) 7.8 (2) 7.9 (1) 7. o (1) 7.11 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. Any damage done to existing street improvements and utilities shall be repaired before issuance of a Certificate of Occupancy for this development. 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. Current Federal Americans with Disabilities Act (ADA) requirements will need to be met at the drive aprons. This will require construction of a minimum four (4) foot wide sidewalk behind the drive apron. 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. This will require dedication of additional right-of-way to accommodate the sidewalk construction. A legal description and sketch of the dedication area, as prepared by a California Registered Civil Engineer and/or California Licensed Land Surveyor, shall be submitted to the Engineering Division for review and approval. Two (2) copies of a complete hydrology study and hydraulic calculations shall be submitted for review and approval by the Public Works Department and Building Division. Both horizontal and vertical intersection sight lines will need to be checked per County of Orange Public Facilities and Resources Standard No. 1117 at the driveway and street intersections. The site lines need to be shown on the grading plan and landscape plan. All landscaping within the limited use area will need to comply with the County of Orange Public Facilities and Resources Standard No. 1117. In addition to the normal full-size plan submittal process, all final development plans, including but not limited to, right-of-way maps, Exhibit A Resolution 3893 August 25, 2003 Page 11 (2) 7.'12 WATER QUALITY (1) 8.1 (1) 8.2 records of survey, public works improvements, private infrastructure improvements, final grading plans, and site plans are required to be submitted to the Public Works Department/Engineering Division in computer aided design and drafting (CADD) format. The standard file format is AutoCADD Release 13 or 14 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 AutoCADD "DWG" format (i.e. produced using AutoCAD or AutoCAD compatible CADD software). The most current version of AutoCAD is Release 14. Drawings created in AutoCAD Release 13 or Release 12 are compatible and acceptable. 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 released until the "as built" CADD files have been submitted. 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. 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. 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 pay for any additional review costs that exceed the deposit prior to issuance Exhibit A Resolution 3893 August 25, 2003 Page 12 (1) 8.3 (1) 8.4 (1) 8.s 8.6 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 quantify 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 Exhibit A Resolution 3893 August 25, 2003 Page 13 (1) 8.7 (1) 8.8 (1) 8.9 (1) 8.10 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 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. 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 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 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. 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. Exhibit A Resolution 3893 August 25, 2003 Page 14 (1) (1) (1) 8.11 8.12 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. 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 Sate Water Resources Control Board. Evidence that the NOI has been obtained shall be submitted to the Building Official. In addition, the applicant shall include notes on the grading plans indicating that the project will be implemented in compliance with the Statewide Permit for General Construction Activities. 8.13 The building may not be constructed over a combination of cut and fill. NOISE (2) 9.1 (2) 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. 9.2 Construction hours shall be clearly posted on the project site to the satisfaction of the Building Official. (2) 9.3 All requirements of the City's Noise Ordinance shall be met at all times. FIRE (2) 10.1 (1) Prior to issuance of a building permit, the applicant shall submit plans for the review and approval of the Fire Chief. The applicant shall include information on the plans required by the Fire Chief. Contact the Orange County Fire Authority Plans Review Section at (714) 744-0403. 10.2 Prior to the issuance of building permits, the applicant shall submit water improvement plans to the Fire Chief for review and approval to ensure Exhibit A Resolution 3893 August 25, 2003 Page 15 (1) 10.3 (1) 10.4 (1) 10.6 (1) 10.6 (1) 10.7 adequate fire protection and financial security are posted for the installation. The water system design, location of valves, and distribution of the fire hydrants will be evaluated and approved by the Fire Chief. Prior to the issuance of any building permits, the applicant shall submit to the Fire Chief evidence of the on-site fire hydrant system and indicate whether it is public or private. If the system is private, the system shall be reviewed and approved by the Fire Chief prior to the issuance of building permits. Provisions shall be made by the applicant for the repair and maintenance of the system, in a manner meeting the approval of the Fire Chief. Prior to the issuance of any grading permits, the applicant shall obtain approval of the Fire Chief of all fire protection access easements and shall dedicate them to the City. Obstructions within the fire protection access easement areas shall be prohibited. The approval of the Fire Chief is required for any modifications such as speed bumps, control gates, or other changes within said easement. Prior to the issuance of any grading permits, the applicant shall submit and obtain the Fire Chief's approval of the construction details for any access gate. Contact the Orange County Fire Authority Plan Review Section at (714) 744-0403 for a copy of the "Guidelines for Fire Authority Emergency Access." Prior to the issuance of any grading permits, the applicant shall submit and obtain approval of preliminary plans for all drive aisles, public or private, from the Fire Chief in consultation with the Manager, Traffic Engineering. The plans shall include the plan view, sectional view, and indicate the width of the street or court measured flow line to flow line. All proposed fire apparatus turnarounds shall be clearly marked when a dead-end street exceeds 150 feet or when other conditions require it. Prior to the issuance of any grading permits, the applicant shall submit and obtain approval from the Fire Chief for street improvement plans with fire lanes shown. The plans shall indicate the locations of red curbing and signage. A drawing of the proposed signage with the height, stroke, and color of lettering and the contrasting background color shall be submitted to and approved by the Fire Chief. Exhibit A Resolution 3893 August 25, 2003 Page 16 (1) 10.8 (1) 10.9 (1) lO.lO (1) lO.ll lO.12 (1) 10.13 (1) FEES 11.1 Prior to the issuance of the Certificate of Use and Occupancy, the approved fire lane marking plan shall be installed. The plans shall contain a fire lane map and provisions, which prohibit parking in the fire lanes. A method of enforcement shall be included. Prior to the issuance of any building permits for combustible construction, the developer shall submit and obtain the Fire Chief's approval of a letter and plan stating that water for fire fighting purposes and an all weather fire access road shall be in place and operational as required by the Uniform Fire Code before any combustible materials are placed on the site. Prior to the issuance of any building permits, and Orange County Fire Authority Water Availability Form shall be submitted to and approved by the Plan Review Section of the OCFA. If sufficient water to meet fire flow requirements is not available, an automatic fire extinguisher system shall be installed in each structure, in a manner meeting the approval of the Fire Chief. Prior to the issuance of any building permits on those lot(s) determined applicable by the Fire Chief, plans for the automatic fire sprinkler system shall be submitted to and approved by the Fire Chief prior to installation. A note shall be placed on the plans stating that the structure shall be protected by an automatic fire sprinkler system in accordance to the "Orange County Fire Authority Notes for New NFPA 13 Commercial Sprinkler Systems." This system shall be operational prior to the issuance of a Certificate of Use and Occupancy. Prior to the issuance of any Certificates of Use and Occupancy, all fire hydrants shall have a "Blue Reflective Pavement Marker" indicating its location on the street or drive per the Orange County Fire Authority Standard and approved by the Fire Chief. On private property, these markers are to be maintained in good condition by the property owner. Prior to the issuance of building permits, plans for the fire alarm system shall be submitted to and approved by the Fire Chief. This system shall be operational prior to the issuance of a Certificate of Use and Occupancy. ~Prior to issuance of any grading, building or sign 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. Exhibit A Resolution 3893 August 25, 2003 Page 17 (2) 11.2 Building plan check and permit fees to the Community Development 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. School facilities fee to the Tustin Unified School District subject to any agreement reached and executed between the District and the applicant. Water and sewer connection fees to the Irvine Ranch Water District. Eo Major thoroughfare and bridge fees in the amount of $3.37 per square foot of building area to the Tustin Public Works Department. Church and religious facilities may be exempt from payment of transportation corridor fees. The final determination of whether a property is exempt will be based upon verification of a property tax exemption for church/religious categories on the latest Assessor's roll as defined for Orange County by the State of California. 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 $43.00 (forty-three dollars) 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.