Loading...
HomeMy WebLinkAboutPC RES 3896RESOLUTION NO. 3896 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN APPROVING DESIGN REVIEW 03-015 AUTHORIZING SITE AND ARCHITECTURAL DESIGN FOR CONSTRUCTION OF NINETEEN (19) NEW INDUSTRIAL BUILDINGS RANGING FROM 3,800 TO 37,802 SQUARE FEET The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: That a proper application for Design Review 03-015 was filed by the Voit Development Company requesting authorization to construct nineteen (19) new industrial buildings ranging from 3,800 to 37,802 square feet, for a total of 266,324 square feet, at 1123 Warner Avenue, also known as (Parcel 2 of Parcel Map 2002-237). That the proposed uses are consistent with the Tustin General Plan in that the property is designated as "Industrial" which provides for the establishment of light industrial and commercial uses. In addition, the project has been reviewed for consistency with the Air Quality Sub- Element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub-Element. The project is located within the Planned Community Industrial (PC- IND) zoning district where light industrial uses such as warehousing, distribution, research and development, and office uses are permitted. That the Planning Commission considered Design Review 03-015 on October 13, 2003, in conjunction with the public hearing for Tentative Tract Map 16527. Pursuant to Section 9272 of the Tustin City Code, the Planning Commission finds that the location, size, architectural features, and general appearance of the proposed development will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole in that the building location, height, massing, and scale, and the proposed architectural design and site amenities are consistent with the existing retail buildings of the shopping center with the use of an arched veranda, keystones at the parapet, a matching storefront, and features which are compatible with the setting and similar to other commercial uses in the area. In making such findings, the Commission has considered at least the following items: Height, bulk, and area of buildings; Setbacks and site planning; Exterior materials and colors; Resolution No. 3896 Page 2 10. 12. 13. 14. Type and pitch of roofs; Size and spacing of windows, doors, and other openings; Towers, chimneys, roof structures, flagpoles, radio and television antennae; Location, height, and standards of exterior illumination; Landscaping, parking area design, and traffic circulation; Location and appearance of equipment located outside an enclosed structure; Location and method of refuse storage; Physical relationship of proposed structures to existing structures in the neighborhood; Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares; Proposed signage; and, Development guidelines and criteria as adopted by the City Council. As proposed, contribution to the construction of the traffic signal at the intersection of Red Hill Avenue and Bell Avenue is the proportionate share of the cost to mitigate cumulative traffic impacts that are a direct result of the proposed project, based upon the traffic study prepared by LSA, dated September 12, 2003, for the project. The applicant shall pay an "in-lieu" traffic impact mitigation fee of $14,000 to the City of Tustin prior to certificate of occupancy for the proposed project. The study indicates a seven percent (7%) proportionate share for the project impacts at the Red Hill/Bell intersection, which translates to $14,000 (7% of a $200,000 improvement cost). As conditioned, there will be sufficient pedestrian facilities on Bell Avenue to accommodate the project with implementation of the recorded Agreement to Construct Sidewalks dated February 18, 1998, and the existing drive aprons along the north property line will be required to be constructed to meet current Federal Americans with Disabilities Act (ADA) requirements. That the Planning Commission has approved a Final Mitigated Negative Declaration for the project in conformance with the requirements of the California Environmental Quality Act by adopting Resolution No. 3894 that demonstrates all potential impacts related to the project can be mitigated to a level of insignificance. II. The Planning Commission hereby approves Design Review 03-015 to construct nineteen (19) new industrial buildings for a total of 266,324 square [eet at 1123 Warner Avenue, also known as (Parcel 2 of Parcel Map 2002- 237), subject to the conditions contained in Exhibit A attached hereto. Resolution No. 3896 Page 3 PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 13th day of October, 2003. ~ L_~NDA C. JENNIN/~ C) ~ Chairperson ~/ ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning Commission Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3896 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 13th day of October, 2003. ELIZABETH A. I~INSACK - ' Planning Commission Secretary GENERAL (1) (1) 1.2 (1) (1) 1.4 EXHIBIT A CONDITIONS OF APPROVAL DESIGN REVIEW 03-015 OCTOBER 13, 2003 The proposed project shall substantially conform with the submitted plans for the project date stamped October 13, 2003, on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Director of Community Development may also approve subsequent minor modifications to plans during plan check or conditions of approval if such modifications are consistent with provisions of the Tustin City Code. This approval shall become null and void unless substantial construction is underway within twelve (12) months of the date of this Exhibit. If the project is constructed in more than one (1) phase, the first phase shall include, at a minimum: site improvements on Lot 7, Lot A, and either Lots 1, 3, and 5 or Lots 2, 4, and 6. This requirement is to ensure: 1) Lots 5 and 6 would have adequate emergency access via Lot 7; and, 2) Lots 1, 3, and 5 and Lots 2, 4, and 6 have the necessary shared access and circulation improvements to support development. Phase one (1) shall also include all infrastructure for the entire project. Time extensions may be granted if a written request is received by the Community Development Department within thirty (30) days prior to expiration. All conditions in this Exhibit shall be complied with prior to issuance of building permits or as specified, subject to review and approval by the Community Development Department. Approval of Design Review 03-015 is contingent upon the applicant and property owner signing and returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the property owner signing and recording with the County Clerk-Recorder a notarized "Notice of Discretionary Permit Approval and Conditions of Approval" form. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. SOURCECODES (2) (3) (4) STANDARD CONDITION CEQA MITIGATION UNIFORM BUILDING CODE/S DESIGN REVIEW EXCEPTIONS (s) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CCPOLICY Exhibit A Resolution Nc). 3896 October 13, 2003 Page 2 (1) '1.5 As a condition of approval of Design Review 03-015, prior to issuance of a building permit, the applicant shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision-making body, including staff, concerning this project. The City agrees to promptly notify the applicant of any such claim or action filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in defense of any such action under this condition. (1) 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 attorney fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. PLAN SUBMITTAL (c) 2.'1 At the time of building permit application, the plans shall comply with the most recently adopted codes. The City is currently using the 2001 California Building Code (CBC), 2001 California Mechanical Code (CMC), 2001 California Plumbing Code (CPC), 2001 California Electrical Code (CEC), California Title 24 Accessibility Regulations, City Ordinances, and State and Federal laws and regulations. (c) 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 windows and doors. · Roof material shall be fire-rated class "B" or better. · Details of all proposed lighting fixtures and a photometric study showing the location and anticipated pattern of light distribution of all proposed Exhibit A Resolution No. 3896 October 13, 2003 Page 3 fixtures. All new light fixtures shall be consistent with the architecture of the building and 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. 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." · The location of any utility vents or other equipment shall be provided on the roof plan. · Cross-section details showing the installation of the proposed rooftop equipment. Rooftop equipment shall be installed and maintained at the height of or below the parapet so as not to be visible from the public right-of-way. An elevation showing rooftop equipment installation related to the height of the parapet and proposed equipment must be identified at plan check submittal subject to the approval of Community Development Department Director. · Note on plans that no field changes shall be made without prior approval from the Building Official and architect or engineer of record. (C) 2.3 The building plan check plans 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. (c) 2.4 The building plan check plans shall indicate vehicle parking, primary entrance to the building, the primary paths of travel, cashier space, sanitary facilities, drinking fountain, and public telephones are accessible to persons with disabilities. (c) 2.5 Prior to building permit issuance, clearance from the Orange County Fire Authority shall be required. Information to ensure compliance with requirements of the Orange County Fire Authority, including information regarding fire flow and installation of fire hydrants, shall also be submitted and subject to approval of the City of Tustin Public Works Department. (c) 2.6 Prior to issuance of building permits, a landscape/irrigation plan shall be submitted for review and approval. (c) 2,7 Prior to issuance of building permits, the applicant shall submit for approval by the Community Development, 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 Exhibit A Resolution No. 3896 October 13, 2003 Page 4 identify the: structural and non-structural measures specified detailing implementation of BMPs whenever they are applicable to the project; the assignment of long-term maintenance responsibilities (specifying the developer, parcel owner, maintenance association, lessee, etc.); and, reference to the location(s) of structural BMPs. (c) 2,8 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. (c) 2.9 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. (c) 2.10 Prior to issuance of grading permits, seven (7) sets of final grading plans consistent with the site and landscaping plans as prepared by a registered civil engineer shall be submitted and shall include the following: · Technical details and plans for all utility installations including telephone, gas, water and electricity. · Three (3) copies of 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. · Information demonstrating that all site drainage shall be handled on-site and will not be permitted to drain onto adjacent properties. · Information demonstrating that all drainage, vegetation, circulation, street sections, curbs, gutters, sidewalks, and storm drains will comply with the on-site Private Improvement Standards. · Two (2) copies of Hydrology Report. (c) 2.11 The engineer of record shall submit a final compaction report to the Building Division for review and approval prior to the issuance of a building permit. (c) 2.12 The engineer of record shall submit a pad certification to the Building Division for review and approval prior to the issuance of a building permit. (c) 2.13 A surety/cash bond shall 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. Exhibit A Resolution No. 3896 October 13, 2003 Page 5 (C) 2.14 (C) 2.15 (C) 2.16 (C) 2.17 (C) 2.18 (C) 2.19 (C) 2.20 (C) 2.21 Prior to issuance of a building permit, the applicant shall obtain an address number for each building from the Engineering Division of the Public Works Department the City of Tustin. Prior to submittal of a Water Quality Management Plan (WQMP), the applicant shall submit a deposit of $2,700.00 for the estimated cost of review of the WQMP to the Building Division. The actual costs shall be deducted from the deposit, and the applicant shall be responsible for any additional review cost that exceeded the deposit prior to issuance of grading permits. Any unused portion of the deposit shall be refunded to the applicant. Prior to issuance of any permits, the property owner shall record a Notice of Water Quality Management Plan (WQMP) with the County Clerk Recorder on a form provided by the Community Development Department to inform future property owners of the requirement to implement the approved WQMP. The Community Development shall determine whether any change in use requires an amendment to an approved Water Quality Management Plan. Prior to issuance of grading permits, the applicant shall submit a copy of the Notice of Intent (NOI) indicating that coverage has been obtained under the National Pollutant Discharge Elimination System (NPDES) State General Permit for Storm Water Discharges Associated with Construction Activity from the State Water Resources Control Board. Evidence that the NOI has been obtained shall be submitted to the Building Official. In addition, the applicant shall include notes on the grading plans indicating that the project will be implemented in compliance with the Statewide Permit for General Construction Activities. 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. No outdoor storage shall be permitted except as approved by the Tustin Community Development Director. Trash service shall be provided on-site with surrounding enclosures and shall be located on the property and maintained to avoid health issues for neighboring properties. Adequate size trash enclosures with solid metal, self-closing, self-latching gates shall be provided. Said enclosures 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 feet. The location of the enclosures and types of screening and details of the enclosures shall be Exhibit A Resolution No. 3896 October 13, 2003 Page 6 shown on the site plan when submitted at building plan check and 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. ARCHITECTURE (4) 3.1 All exterior treatments shall be consistent with the submitted color/material samples and noted on all construction plans and elevations submitted for Building Permit Plan Check, subject to review and approval by the Community Development Department at final inspection. (4) 3.2 Exact details of the exterior door/storefront, building parapet, and cornices shall be provided on the construction plans. (4) 3.3 All exposed metal flashing or trim shall be painted to match the building. (4) 3.4 No exterior down spouts or roof scuppers shall be permitted. All roof drains shall utilize interior piping, but may have exterior outlets at the base of buildings. (4) 3.5 Sign permits shall not be issued until completion of the project and a tenant obtains zoning clearance and a business license. LANDSCAPING (1) 4.1 Complete landscape and irrigation plans that comply with the City of Tustin Landscape and Irrigation Guidelines shall be submitted at plan check. (1) 4.2 An irrigation plan shall be submitted which shows the location and control of backflow prevention devices at the meter, pipe size, sprinkler type, spacing, and coverage details for all equipment including efficient irrigation systems which minimize runoff and evaporation and maximize the amount of water which will reach the plant roots. Drip irrigation, soil moisture sensors, and automatic irrigation systems shall be used to increase irrigation efficiency. (1) 4.3 All plant materials shall be installed in a healthy and vigorous condition, typical to the species, and shall be maintained in a neat and healthy condition. Maintenance includes, but is not limited to, support structures (trellis, etc.), trimming, mowing, weeding, removal of litter, fertilizing, regular watering, and replacement of dead or diseased dying plants. Unhealthy or dead trees shall be replaced within seventy-two (72) hours upon notification by the City. Exhibit A Resolution No. 3896 October 13, 2003 Page 7 (1) 4.4 A sufficient landscaping buffer shall be identified on the landscaping plan and installed around the three (3) emergency access gates to the satisfaction of the Community Development Director. (1) 4.5 The applicant shall identify on the landscape plan and install a minimum four (4) foot high landscape berm adjacent to Warner Avenue. The berm shall have a minimum two to one slope and be landscaped to complement the existing berm along Warner Avenue at the former Steelcase property at 1123 Warner Avenue. A berm detail shall be submitted and approved by the Community Development Department prior to issuance of building permits. USE RESTRICTIONS (***) 5.1 The project shall provide a minimum of 460 parking spaces dispersed to accommodate the warehouse and office uses. Each lot shall independently contain the required parking spaces as follows: LOT NO. 1 2 3 4 5 6 7 TOTAL BLDG BLDG. PARKING PARKING NO. SF REQ'D PROVIDED PARKING MAX. 111ooo+ OFFIC PARKING MAX. 112o00 E 3/1000 SF WAREHOUSE 1>20,000) 1 10,150 31 19,895 20 2 11,900 36 22,162 22 3 8,600 26 10,913 11 4 10,000 30 12,774 13 5 10,476 32 25,332 23 6 11,836 36 25,366 23 TOTAL 62,962 116,442 7 3,038 10 4,752 5 8 2,445 8 3,825 4 9 2,445 8 3,825 4 10 3,038 10 4,752 5 11 1,482 5 2,318 2 12 1,800 6 2,750 3 13 3,011 10 4,589 5 14 2,165 7 3,386 3 15 3,300 10 5,025 5 16 2,165 7 3,386 3 30,045 51 70 34,062 58 75 19,513 37 55 22,774 43 61 35,808 55 74 37,202 59 74 179~404 303 409 7,790 15 6,270 12 6,270 12 7,790 15 3,800 7 4,550 9 7,600 15 5,550 10 8,325 15 5,550 10 Exhibit A Resolution No. 3896 October 13, 2003 Page 8 17 3,300 10 5,025 5 8,325 15 18 2,828 9 4,423 4 7,250 13 19 1,814 6 2,837 3 4,650 9 TOTAL 32,830 50,890 83,720 157 250 TOTAL (LOTS 1-7) 95,792 167,332 263,124 460 659 Any change to the uses, square footage, or parking spaces shall be submitted to Community Development Department for review and approval. (2) 5.2 Public address systems and buzzers shall be prohibited. (2) 5.3 If in the future the City determines that a parking, circulation, or noise problem exists, the applicant shall be required to submit a new study and implement immediate interim and permanent mitigation measures upon review and approval by the Community Development Department and the Public Works Department. (1) 5.4 All construction operations, including engine warm-up and deliveries of materials and equipment, shall be subject to the provisions of the Tustin Noise Ordinance and shall take place only between the hours of 7:00 a.m. and 6:00 p.m., Monday through Friday, and between 9:00 a.m. and 5:00 p.m. on Saturday, unless otherwise determined by the Building Official. (***) 5.5 Due to on-site circulation restraints on Lot 7, only Lots 1 through 6 may accommodate large, semi-truck trailers; Lot 7 may only accommodate single-unit trucks or smaller. PUBLIC WORKS DEPARTMENT (1) 6.1 A separate 24-inch by 36-inch street improvement plan, as prepared by a California Registered Civil Engineer, will be required for all construction within the public right-of-way. Construction and/or replacement of any missing or damaged public improvements will be required to be completed adjacent to this development prior to issuance of Certificate of Use and Occupancy for the first building. Said plan shall include, but not be limited to, the following: · Curb and gutter; · Sidewalk, including curb ramps for the physically disabled; · Drive aprons; · Street lighting; · Catch basin/storm drain laterals/connection to existing storm drain system; Exhibit A Resolution No. 3896 October 13, 2003 Page 9 Domestic water facilities; · Sanitary sewer facilities; · Landscape/irrigation; and, · Underground utility connection. In addition, a 24-inch by 36-inch reproducible construction area traffic control plan, as prepared by a California Registered Traffic Engineer or Civil Engineer experienced in this type of plan preparation, will be required. (1) 6.2 Prior to issuance of a rough grading permit, preparation of a sedimentation and erosion control plan for all work related to this development will be required. (1) 6.3 Release/approval from East Orange County Water District shall be obtained prior to receiving water service. Backflow prevention devices shall be installed in accordance with applicable standards and codes and shall be installed within an easement of suitable size to allow for unobstructed access, inspection, testing, and maintenance. Specifically, where facilities are to be located in private streets, the easement shall be a minimum of twenty (20) feet wide for main lines. Easements ten (10) feet wide and extending five (5) feet beyond all fire hydrants and services laterals shall also be required, including ten (10) foot wide water service lateral easements and meter box easements. Easements shall be located within unobstructed areas and clear access to the meter boxes shall be provided at all time. (1) 6.4 Hydraulic analysis of the proposed water system and ability to meet OCFA fire flow demands and requirements shall be performed and certified by the developer. (1) 6.5 The developer shall be responsible for all costs related to the installation of new potable and fire related water services and the abandonment, at the water main, of all existing potable water and service connections. (1) 6.6 Prior to issuance of a grading permit, preparation of plans for the following improvements shall be required. In addition, construction shall be completed prior to issuance of a Certificate of Use and Occupancy. All sanitary sewer facilities shall be submitted as required by the City Engineer and local sewering agency. A domestic water system shall be designed and installed to the standards of the City of Tustin Water Services Division. Plans shall also be reviewed and approved by the Orange County Fire Authority for fire protection purposes. The adequacy and reliability of the water system design and the distribution of fire hydrants will be evaluated. The water distribution system and appurtenances shall also conform to the applicable laws and adopted regulations enforced by the Orange County Health Department. Any required Exhibit A Resolution No. 3896 October 13, 2003 Page 10 reclaimed water system shall meet the standards as required by the City of Tustin Water Services Department. The developer shall be responsible for all costs related to the relocation of any existing fire hydrants and the installation of new fire hydrants. (1) 6.? All drive aprons shall be designed in accordance with the current Federal Americans with Disabilities Act (ADA) requirements. The maximum cross slope of the sidewalk shall be two (2) percent and the maximum ramp slope of the drive apron shall be ten (10) percent. (2) 6.8 Prior to issuance of precise grading permit, preparation and submittal of a final grading plan showing all pertinent elevations as they pertain to the public right-of-way along with delineating the following information is required: a) b) c) Final street elevations at key locations. Final padfiinished 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. (1) 6,9 Existing sewer, domestic water, reclaimed water, and storm drain service laterals shall be utilized whenever possible. 6.10 Any damage done to existing street improvements and utilities shall be repaired before acceptance of the tract and/or issuance of a Certificate of Occupancy for the development on any parcel within the subdivision. (1) 6.11 Prior to any work in the public right-of-way, an Encroachment Permit shall be obtained from and applicable fees paid to the Public Works Department. (1) 6.12 Prior to issuance of building permits, both horizontal and vertical intersection sight lines shall be submitted per City of Tustin Standard No. 510 for all affected streets. The site lines need to be shown on the grading plan, site plan, and landscape plan. All landscaping within the limited use area will need to comply with City of Tustin Standard No. 510. H) 6.13 In addition to the normal full size plan submittal process, all final development plans including, but not limited to: parcel maps, records of survey, public works improvements, private infrastructure improvements, final grading plans, and site plans are also required to be submitted to the Public Works Department/Engineering Division in computer aided design and drafting (CADD) format. The standard file format is AutoCad Release 14 or 2000 having the extension DWG. Likewise, layering and linetype conventions are AutoCad-based (latest version available upon request from the Engineering Division). Exhibit A Resolution No. 3896 October 13, 2003 Page 11 The CADD files shall be submitted to the City at the time the plans are approved and updated CADD files reflecting "as built" conditions shall be submitted once all construction has been completed. The subdivision bonds will not be release until the "as built" CADD files have been submitted. 6.14 The Project Applicant/Contractor shall submit and obtain approval from the Public Works Department of a Project Recycling Plan prior to the issuance of any grading, encroachment, or building permit. The Project Recycling Plan shall demonstrate recovery and recycling of at least fifty (50) percent of the total waste generated by the project and shall consist of the following components: · In a narrative form, describe efforts which will be utilized to minimize the generation of waste during project construction; · Provide an estimate of the total amount of waste to be generated for the entire duration of project construction; · Provide an estimate of the total amount of recyclable materials generated by project construction, identified by recyclable material type; · Identify waste hauler(s) to be utilized during project construction. Please note that the City has an exclusive waste collection franchise with Federal Disposal Service of Santa Aha. No other haulers are to be utilized pursuant to City Code Section 4322; · Identify recyclable material processing facilities which will be utilized to process materials generated by project construction; · Demonstrate that no waste generated by the project will be sent directly to any landfill; · Prior to the final inspection or issuance of a Certificate of Occupancy, submit a final report to the Public Works Department detailing actual quantities of the items listed above as well as a narrative summary of the recycling efforts implemented during the project; · Prior to issuance of a building permit, the applicant is required to submit recycling plans to the Public Works Department for each project tenant which demonstrates recycling or diversion from landfills of at least fifty (50) percent of the total waste anticipated to be generated by each tenant; and, · Prior to issuance of any grading, encroachment, or building permit, applicant is required to submit waste trash enclosure plans to the Public Works Department which demonstrate the provision of the adequate physical space to accommodate all planned tenant recycling programs. Exhibit A Resolution No. 3896 October 13, 2003 Page 12 (1) 6.'15 This development shall comply with all applicable provisions of the City of Tustin Water Quality Ordinance and all Federal, State, and regional water quality control board rules and regulations. (1) 6.'16 Prior to issuance of a Certificate of Use and Occupancy, the applicant shall install a minimum of two (2) stop signs at the internal, east/west and north/south drive aisles of Lot 7, at the Warner Avenue/Pullman Avenue entrance to control traffic entering the common drive aisle shared with the property at 1123 Warner Avenue. ORANGE COUNTY FIRE AUTHORITY (5) 7.1 Prior to the issuance of any grading or building permits, the applicant shall submit a fire hydrant location plan to the Fire Chief for review and approval. All fire hydrants shall be located a minimum of forty (40) feet from the building served by the hydrant. (5) 7.2 Prior to the recordation of a subdivision map or the issuance of any grading or building permits, the applicant shall obtain approval of the Fire Chief for all fire protection access roads to within 150 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" to ensure these requirements can be met with the current site plan. (5) 7.3 Prior to the issuance of any grading or 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" to ensure these requirements can be met with the current site plan. (5) 7.4 Prior to the issuance of any grading permits, the applicant shall obtain the approval from the Fire Chief for the construction of any gate across required fire department access roads. Please contact the OCFA at (714) 744-0499 or visit the OCFA website to obtain a copy of the "Guidelines for Design and Installation of Emergency Access Gates and Barriers" to ensure these requirements can be met with the current site plan. (5) 7.5 Prior to the issuance of a building permit, a note shall be placed on the site plans 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 No. 3896 October 13, 2003 Page 13 7.6 Prior to the issuance of any grading or 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. (5) 7.7 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) 7.8 Prior to the issuance of a Certificate of Use and Occupancy, the fire sprinkler system shall be operational in a manner meeting the approval of the Fire Chief. (5) 7.9 A note shall be placed on the fire protection access easement plan indicating that all street and road signs shall be designed and maintained to be either internally or externally illuminated in a manner meeting approval of the Fire Chief. (5) 7.10 Prior to the issuance of a building permit for combustible construction, the builder shall submit a letter on company letterhead stating that water for fire-fighting purposes and all-weather fire protection access roads shall be in place and operational before any combustible material is placed on-site. Building permits will not be issued without OCFA approval obtained as a result of an on-site inspection. Please contact the OCFA at (714) 744- 0499 to obtain a copy of the standard combustible construction letter. (5) 7.11 Prior to the issuance of a grading or building permit, the applicant shall submit to the Fire Chief a list of all hazardous, flammable and combustible liquids, solids or gases to be stored, used, or handled on-site. These materials shall be classified according to the Uniform Fire Code and a document submitted to the Fire Chief with a summary sheet listing the totals for storage and use for each hazard class. Please contact the OCFA at (714) 744-0499 or visit the OCFA website to obtain a copy of the "Guideline for Completing Chemical Classification Packets." (5) 7.12 Prior to the issuance of a building permit, the applicant shall 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. Exhibit A Resolution No. 3896 October 13, 2003 Page 14 (5) 7.13 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. (5) 7.14 Prior to the issuance of any building permits, 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." (5) 7.15 The alarm system shall be operational prior to the issuance of a certificate of use and occupancy. FEES (c) 8.1 Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of forty-three dollars ($43.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period the 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. (c) 8.2 Prior to issuance of any permits, the applicant shall pay the following fees. Payments will be required based upon the rate in effect at the time of permit issuance and are subject to change. All applicable Building plan check and permit fees shall be paid to the Community Development Department. All applicable Grading plan check and permit fees shall be paid to the Community Development Department. Orange County Fire Authority plan check and inspection fees to the Community Development Department based upon the most current schedule. New development fees in the amount of $0.10/sq.ft. of new office floor area to the Community Development Department. School facilities fee to the Tustin Unified School District subject to any agreement reached and executed between the District and the applicant. The current fee is $0.34/sq.ft. of new floor area. Transportation System Improvement Program (TSIP), Benefit Area "B" fees in the amount of $3.31/sq.ft. of new floor area of construction to the Community Development Department. However, based upon a letter from Cindy Dopf, dated February 26, 2003, acknowledged by City of Tustin Building Official, Khanh Exhibit A Resolution No. 3896 October 13, 2003 Page 15 Nguyen, the new development receives credit for up to 508,674 square feet of building area if building permits are obtained by August 31, 2004. Payment of the Major Thoroughfare and Bridge Fees to the Tustin Public Works Department at the time a building permit is issued. The current fee is $3.30/sq.ft. of new floor area. However, the fee is waived for new development up to 508,674 square feet of building area. Payment of the Orange County Sanitation District No. 7 Sewer Connection Fees at the time a building permit is issued. The current fee is $675.00/1,000 sq.ft, of new floor area. However, the new development receives credit for up to 508,674 square of building area. The applicant shall pay an "in-lieu" traffic impact mitigation fee of $14,000 to the City of Tustin prior to certificate of occupancy for the proposed project. The "in-lieu" fee shall be based upon the proportionate share of the cost to mitigate traffic impacts that are a direct result of the proposed project, based upon the traffic study prepared by LSA, dated September 10, 2003, for the project. The study indicates a seven percent (7%) proportionate share for the project impacts at the Red Hill / Bell intersection, which translates to $14,000 (7% of a $200,000 improvement cost). The City shall apply the "in-lieu" fee to the Red Hill/Bell Avenue Capital Improvement.