HomeMy WebLinkAboutPC RES 3901RESOLUTION NO. 3901
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, APPROVING DESIGN REVIEW 03-009,
AUTHORIZING THE CONSTRUCTION OF SIXTY-THREE (63)
RESIDENTIAL CONDOMINIUM UNITS AT 14552 NEWPORT
AVENUE.
The Planning Commission does hereby resolve as follows:
The Planning Commission finds and determines as follows:
That a proper application for Design Review 03-009 was filed by The Olson
Company on behalf of Dorothy Lee Mauk, property owner, requesting
authorization to construct a sixty-three (63) condominium housing project on
the property located at 14552 Newport Avenue, known as Parcel 1 of
Parcel Map 84-1029.
That the proposed use is consistent with General Plan Amendment 03-001,
if approved by the City Council as adopted by Resolution No. 03-131, which
changes the General Plan Land Use Designation from "Public/Institutional"
to "High Density Residential."
That the proposed use is consistent with Zone Change 03-001, if approved
by the City Council, as adopted by Ordinance No. 1282, which changes the
zoning of the property from Commercial General (CG) District to Multiple
Family Residential (R-3) District.
That the applicant has requested approval of Tentative Tract Map 16506 in
conjunction with the applications for Design Review 0 3-009, a nd findings
and conditions of approval related to dedication of necessary right-of-way
and provision of necessary infrastructure improvements have been included
in Resolution No. 3901.
That the proposed use is consistent with Section 9226 of the Tustin City
Code related to Multiple Residential District which provides for multiple
family residential development.
That a public hearing was duly called, noticed, and held on said application
on November 10, 2003, by the Planning Commission.
Pursuant to Section 9272 of the Tustin Municipal Code, the Commission
finds that the location, size, architectural features, and general appearance
of Design Review 03-009, a s conditioned, w ill not impair t he orderly a nd
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:
Height, bulk, and area of buildings. There are other structures that
are two to four stories high adjacent to the site (two-story apartments
to the east of the site and four-story hospital to the south of the site.
Setbacks and site planning. The site complies with the development
standards for R-3 district related to multiple family dwellings.
Exterior elevation, materials, and colors. The proposed exterior
materials and colors of earth tone colors with Moss Green and Rustic
Burgundy trimmings are compatible and complementary to other
structures in the vicinity. However, to distinguish each unit, a
variation of entry design shall be used. As conditioned, at plan
Resolution No. 3901
DR 03-009
Page 2
10.
11.
12.
check submittal, the applicant is required to submit a revised front
elevation for all buildings for review and approval by the
Co,mmunity Development Director.
Type a nd p itch of roofs. A variety of roof design and pitches are
utilized to enhance visual interests.
Size and spacing of windows, doors, and other openings. Split
windows, shutters, and wood trimming are utilized to compliment the
contemporary craftsman design.
Towers, chimneys, and roof structures. Each unit is equipped with a
chimney and no roof equipment shall be permitted.
Landscaping, parking area design, and traffic circulation. The project
is located between a commercial shopping center and a hospital
development. To provide buffers to adjacent commercial uses, a
minimum of one 24" box size tree and five 5-gallon shrubs for every
30 feet of property line on the property perimeter are required for
buffer to adjacent commercial uses.
The project is designed with adequate parking spaces and internal
circulation. However, based upon the traffic study prepared by
Kunzman Associates, dated October 7, 2003, the project would
result in a direct traffic impact for the Year 2020. As conditioned,
the applicant will pay an "in-lieu" traffic impact mitigation fee to the
City of Tustin to be used toward the construction of a raised
median along Newport Avenue to bring the level of service on
Newport Avenue at the project entrance to an acceptable level. In
addition, a "STOP" sign to control outbound traffic from the project
access driveway shall be installed. In addition, current Federal
American with Disabilities Act (ADA) requires drive aprons to be
ADA compliant.
Location, height, and standards of exterior illumination. The project
will provide exterior illumination consistent with the craftsman
architectural design.
Location and appearance of equipment located outside an enclosed
structure. The project, as conditioned, will not have visible exterior
equipment.
Location and method of refuse storage. The project has been
designed to include a refuse storage area with appropriate truck
turning radius.
Physical relationship of proposed structures to existing structures in
the neighborhood. The project supports other structures and uses in
the neighborhood in that the shopping center and other
developments in the immediate vicinity would complement the need
of the residents and provide job opportunities to residents.
Appearance and design relationship of proposed structures to
existing structures and possible future structures in the neighborhood
and public thoroughfares. The project is located adjacent to a major
thoroughfare (Newport Avenue). The Circulation Element of the
General Plan classifies Newport Avenue as a Modified Major
arterial highway which calls for an ultimate six (6) lane highway.
Newport Avenue is currently improved with four (4) vehicle lanes.
Section 9331 of the Tustin City Code authorizes a dedication of ten
(10) foot wide strip of land to widen Newport Avenue to a Modified
Resolution No. 3901
DR 03-009
Page 3
Major arterial highway, as a condition of approval for a subdivision
map, which is a requirement set forth in Resolution No. 3900.
13.
Development Guidelines and criteria as adopted by the City Council.
The project is conditioned to comply with the City's development
guidelines and criteria such as landscape and irrigation guidelines,
parking standards guidelines, and private improvements guidelines.
The project will provide for affordable housing by requiring the execution
of a Housing Assistance Agreement by and between the Tustin
Community Redevelopment Agency and the site developer (The Olson
Company), which will authorize the issuance of two (2) loans in an amount
not to exceed $2,119,960 to assist in the creation of ten (10) affordable
units for a period of not less than forty-five (45) years.
The site does not meet the City's minimum criteria for the installation of
security gates at the project access, therefore, as conditioned, no gates will
be allowed to be installed along the project main entrance drive aisle.
A Mitigated Negative Declaration has been prepared for this project in
accordance with the provisions of the California Environmental Quality Act
(CEQA) and adopted by the Planning Commission as adequate by
Resolution No. 3897.
II.
The Planning Commission hereby approves Design Review 03-009 to authorize
construction of sixty-three (63) condominium units on the property located at
14552 Newport Avenue, subject to the conditions contained in Exhibit A attached
hereto.
PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular
meeting on the 10th day of November, 2003.
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 City of Tustin, California; that Resolution No. 3901 was duly
passed and adopted at a regular meeting of the Tustin Planning Commission, held on the
10th day of November, 2003.
ELIZABETH A. BINSACK
Planning Commission Secretary
EXHIBIT A
DESIGN REVIEW (DR) 03-009
CONDITIONS OF APPROVAL
RESOLUTION NO, 3901
GENERAL
(1) 1.1
(1) 1.2
(1) 1.3
(1) 1.4
(1) l.s
(1) 1.6
The proposed project shall substantially conform with the submitted plans
for the project date stamped November 10, 2003, on file with the
Community Development Department, as herein modified, or unless
otherwise indicated, as modified by the Community Development Director in
accordance with this Exhibit. The Director may also approve subsequent
minor modifications to plans during plan check if such modifications are
consistent with provisions of the Tustin City Code or other applicable
regulations.
Unless otherwise specified, the conditions contained in this Exhibit shall be
complied with prior to the issuance of any building permits for the project,
subject to review and approval by the Community Development
Department.
The subject project approval shall become null and void unless permits for
the proposed project are issued and substantial construction is underway
within eighteen (18) 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 03-009 shall become null and void unless the
City Council approves General Plan Amendment 03-001, Zone Change 03-
001, and Tentative Tract Map 18506.
Approval of Design Review 03-009 is contingent upon the applicant and
property owner signing and returning to the Community Development
Department a notarized "Agreement to Conditions Imposed" form and the
property owner signing and recording with the County Clerk-Recorder a
notarized "Notice of Discretionary Permit Approval and Conditions of
Approval" form. The forms shall be established by the Director of
Community Development and evidence of recordation shall be provided to
the Community Development Department.
As a condition of approval of Design Review 03-009, 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.
SOURCE CODES
(1) STANDARD CONDITION
(2) CEQA MITIGATION
(3) UNIFORM BUILDING CODE/S
(4) DESIGN REVIEW
*** EXCEPTIONS
(s)
(6)
(7)
RESPONSIBLE AGENCY
REQUIREMENTS
LANDSCAPING GUIDELINES
PC/CC POLICY
Exhibit A - Conditions of Approval
Resolution No. 3901
DR 03-009
Page No. 2
(1) 1.7
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) 1.8
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.
(1) 1.9
Prior to issuance of a precise grading or building permit, the applicant
shall prepare and record a final subdivision map in accordance with the
Tustin City Code.
Use Restrictions
*** 1.10
*** 1.11
Prior to issuance of a building permit, the applicant shall enter into either a
housing assistance agreement or an affordable covenant restriction
pursuant to a Redevelopment Loan Agreement with the City of Tustin.
The development shall include ten (10) affordable units to Very Low and
Moderate Income households for a period of not less than forty-five (45)
years. Six (6) units shall be set aside for Moderate Income households
and four (4) units shall be set aside for Very Low income households.
The site does not meet the City's minimum criteria for the installation of
security gates at the project access, therefore no gates shall be installed
along the project main entrance driveway.
Site Plan
(1) 1.12 A minimum six (6) foot high decorative block wall shall be constructed
along the south, east, and north property lines with the exception of the
front setback area where the wall shall be reduced to a maximum of three
(3) feet. The block wall shall be treated with anti-graffiti materials.
(1) 1.13 No fence or walls within the required front yard setback shall exceed three
(3) feet in height.
(7) 1.14 All new and existing utilities provided shall be undergrounded. A note shall
be added to the site plan indicating that utilities will be undergrounded
unless otherwise approved by the Community Development and Public
Works Departments.
(1) 1.15 A separate "Private Open Space Exhibit" shall be submitted at plan check.
Any changes to the allocation of private open space identified on the site
plan shall be reviewed and approved by the Director of Community
Development.
Elevation Plan
*** 1.16
To distinguish each unit, a variation of entry design shall be used. This
shall be accomplished by varying the roof treatment at the entrance by
alternating gable and shed roofs, using various stone works to accentuate
entry ways, and/or by using alternate colors to differentiate each unit. At
plan check submittal, the applicant shall submit a revised front elevation
for all buildings for review and approval by the Community Development
Director.
Exhibit A - Conditions of Approval
Resolution No. 3901
DR 03-009
Page No. 3
(1) 1.17
(1)
Exterior light fixture design shall complement the architectural design of
the buildings and comply with the Tustin City Code Security Ordinance.
All exterior lighting shall be designed and arranged as not to direct light or
glare onto adjacent properties. 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.
1.18 No rooftop equipment shall be permitted. All other outdoor equipments
shall be screened from public view.
Landscape/Irri.qation Plan
(1) 1.19
(1) 1.20
The site shall be landscaped consistent with the City's Landscaping and
Irrigation Guidelines. Landscaping shall consist of a combination of
sufficient numbers of shrubs, trees, and berming along the project
frontage, to provide adequate screening, subject to the satisfaction of the
Community Development Director.
(6)
A precise landscape and irrigation plan including landscape grading,
backflow preventors, and timers shall be reviewed and approved by the
Community Development Director prior to issuance of a building permit.
(6)
1.21 Provide a detailed landscape and irrigation plan for all landscaping areas on
the site and include the following information:
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.
b. 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 shall be provided.
All property lines on the landscaping and irrigation plan, public right-
of-way area, sidewalk widths, parkway areas, and wall locations, 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.
1.22 The submitted landscaping plans shall incorporate the following
requirements, either incorporated into the design or included in the notes:
Turf is unacceptable for grades over 25 percent. A combination of
planting materials must be used; ground cover on large areas alone
is not acceptable.
To provide adequate buffer between the site and adjacent
commercial and institutional uses, a minimum of three (3) 24" box
size tree and five 5-gallon shrubs for every 30 feet of property line on
the property perimeter shall be provided.
Exhibit A - Conditions of Approval
Resolution No. 3901
DR 03-009
Page No. 4
For interior landscaping, one tree for every two (2) units shall be
provided. Minimum thirty (30) percent of all trees shall be 24" box
trees or larger.
Shrubs shall be a minimum of 5-gallon size and shall be spaced a
minimum of five (5) feet on center when intended as screen planting.
e. Ground cover shall be planted between 8 to 12 inches on center.
When one-gallon plant sizes are used, the spacing may vary
according to materials used.
(6)
1.25 The landscape materials shall not conflict with the visual clearance
requirements of the proposed driveway approaches.
(6) 1.24
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, moving,
weeding, removal of litter, fertilizing, regular watering, and replacement of
diseased or dead plants.
ParkinR Area
(1)
1.25 Prior to final inspection, open guest parking spaces along the main
driveway shall be marked "Guest Only."
Noise
(1) 1.26
The applicant shall comply with the Tustin Noise Ordinance to limit all
exterior and interior noise levels to the established standards. Prior to
issuance of a building permit, the applicant shall submit a noise analysis
to identify needed insulation features to ensure the interior noise level of
living areas and exterior noise level within patio areas do not exceed 45
dB and 65 dB, respectively, and shall incorporate these features into the
construction drawings. The noise analysis shall be reviewed and
approved by the Community Development Director prior to issuance of a
building permit.
(2) 1.27
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 Community
Development Director and/or Building Official. Construction activities are
prohibited on Sundays and City-observed Federal holidays.
(2)
1.28 Construction hours shall be clearly posted on the project site to the
satisfaction of the Building Official.
Building Division
(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,
or most recently adopted codes,.
Building plan check submittal shall include the following:
Exhibit A - Conditions of Approval
Resolution No. 3901
DR 03-009
Page No. 5
(3)
(3)
(3)
(3)
(3)
(3)
(3)
2.2
2.3
2.4
2.5
2.6
2.7
2.8
Seven (7) sets of construction plans, including drawings for
mechanical, plumbing and electrical.
· Structural calculations, two (2) copies.
· Title 24 energy calculations, two (2) copies.
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 doors.
· Roofing material to be fire rated class "B" or better.
The location of any utility vents or other equipment shall be
provided on the roof plan.
· A note to indicate no rooftop equipment shall be permitted.
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.
Note on plans that no field changes shall be made without prior
approval from the Building Official and architect or engineer of
record.
In accordance with the 2001 California Building Code (Table 5A), no
openings in exterior walls shall be permitted when less than five (5) feet
from property lines.
Escape or rescue windows shall be provided in all sleeping rooms, in
accordance with the 2001 California Building Code (Section 310.4).
Dwelling units shall be provided with heating facilities capable of
maintaining a temperature of 70 degrees at a point three (3) feet above the
floor in all habitable rooms in accordance with the 2001 California Building
Code (Section 310.11).
All new glass doors and windows, in or adjacent to doors, shall be tempered
per 2001 California Building Code Section 2406.4.
All buildings shall be equipped with an automatic fire sprinkler system per
Section 8103 (j) of the Tustin City Code.
Prior to permit issuance, clearances from the Orange County Fire shall be
required.
Primary entrance to the site and the sidewalks shall be accessible to
disabled persons.
Exhibit A - Conditions of Approval
Resolution No. 3901
DR 03-009
Page No. 6
(3) 2.9
At plan check submittal, access to two (2) exits from third floor areas is
required unless demonstrated otherwise and approved by the Building
Official.
(3) 2.'10
(3) 2.1'1
Prior to issuance of a building permit, compliance with the requirements of
the Orange County Sanitation District No. 7 shall be required.
Four (4) sets of final grading plans consistent with the site and
landscaping plans as prepared by a registered civil engineer shall be
submitted and shall include the following:
· Technical details and plans for all utility installations including
telephone, gas, water, and electricity.
Three (3) copies of 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.
· Provide two (2) copies of Hydrology Report.
(3) 2.12
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.
(3)
2.13 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.
(3)
2.14
All construction activity shall comply with the requirements of the City of
Tustin Grading Manual which requires frequent watering of the project site
to control dust and prohibiting grading during second stage smog alerts and
when wind velocities exceed 15 miles per hour.
(3)
2.15
All grading, drainage, vegetation, and circulation shall comply with the City
of Tustin Grading Manual. All street sections, curbs, gutters, sidewalks,
lighting and storm drain shall comply with on-site improvement standards.
Streets and Cul-De-Sac shall be per the City of Tustin Private Street
Improvement standards number 102 and 105. 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.
(3)
2.16
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.
(5)
2.17
Prior to issuance of building permits, the applicant shall submit for approval
by the Community Development and Public Works Departments, a Water
Quality Management Plan (WQMP) specifically identifying Best
Management Practices (BMPs) that will be used on site to control
predictable pollutant run-off. This WQMP shall identify the: structural and
Exhibit A - Conditions of Approval
Resolution No. 3901
DR 03-009
Page No. 7
(5) 2.18
(5) 2.19
(5) 2.20
(5) 2.21
(3) 2.22
(1) 2.23
(1) 2.24
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.
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 a grading or building permit, the property owner shall
record a Notice of Water Quality Management Plan (WQMP) with the
County Clerk Recorder on a form provided by the Community Development
Department to inform future property owners of the requirement to
implement the approved WQMP.
The Community Development and Public Works Department 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.
Provide information for compliance with the 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 complex. The numerals shall be no less than four (4)
inches in height and shall be of contrasting color to the background to which
they are attached and illuminated during hours of darkness.
Adequate size trash enclosures with solid metal, self-closing, self-latching
gate shall be provided, as shown on the plans. 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 (6) feet. The actual
location of the enclosures 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 locations of the
bins, sizes, and quantities shall be reviewed and accepted in writing by the
Exhibit A - Conditions of Approval
Resolution No. 3901
DR 03-009
Page No. 8
(1) 2.25
City's solid waste hauler. The applicant/owner shall comply with the City's
Source Reduction and Recycling Element and other recycling requirements
established by the Director of Public Works.
Prior to issuance of a rough grading permit, a demolition plan shall be
submitted for review, approval, and issuance of a demolition permit for
existing structures.
Enc~ineering
*** 3.1
The applicant shall pay an "in-lieu" traffic impact mitigation fee to the City
of Tustin prior to issuance of a building permit 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 Kunzman Associates, dated
October 7, 2003, for the project. The in lieu fee will be used towards the
construction of a raised median along Newport Avenue to bring the level
of service on Newport Avenue at the project entrance to an acceptable
level.
(2) 3.2
(1) 3.3
(5) 3.4
Prior to final inspection, the applicant shall install a "STOP" sign to control
outbound traffic from project access driveway.
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 a grading or building permit, a separate twenty-four
(24) inch by thirty-six (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 and shall be completed prior to final inspeciton. Said plan
shall include, but not be limited to, the following:
(1) 3.5
(1) 3.6
a. Curb and gutter
b. Sidewalk, including curb ramps
for the physically disabled
c. Drive apron
d. Domestic water facilities
e. Sanitary sewer facilities
f. Landscape/irrigation
g. Underground utility connection
h. Street lighting
i. Catch basin/storm drain laterals
connection to existing storm
drain system
A twenty-four (24) inch by thirty-six (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.
Prior to issuance of a grading permit, preparation of a sedimentation and
erosion control plan for all work related to this development shall be
required.
Prior to issuance of a grading permit, preparation of plans for and
construction of:
All sanitary sewer facilities shall be submitted as required by the
City Engineer and local sewering agency. These facilities shall
include a gravity flow system per the standards of the Orange
County Sanitation District No. 7.
Exhibit A - Conditions of Approval
Resolution No. 3901
DR 03-009
Page No. 9
(1) 3.7
(1) 3,8
(1) 3.9
(1) 3.10
(1) 3.11
(1) 3.12
(1) 3.13
(1) 3.14
A domestic water system shall be designed and installed to the
standards of the City of Tustin Water Services Division.
Improvement plans shall also 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 shall 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. Release/approval from East Orange County Water
District shall be obtained prior to receiving water service.
Prior to issuance of 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:
a. 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 one (1) foot above
base flood elevation as defined by FEMA; and,
c. All flood hazards of record.
Adequate horizontal and vertical intersection sight lines shall be provided.
In general a 25' x 25' limited use area triangle provides adequate sight at
typical driveways. Addition sight evaluation, however, could be required to
satisfy City of Tustin Standard Drawing No. 510 for all affected streets.
The site lines shall be shown on the grading plan and landscape plan. If
detailed analyses are requested, all landscaping within the limited use
area would need to comply with City of Tustin Standard Drawing No. 510.
Existing sewer, domestic water, reclaimed water and storm drain service
laterals shall be utilized whenever possible.
All water facilities beyond the water meter shall be privately, owned,
operated, and maintained by the property owners.
Any damage done to existing street improvements and utilities shall be
repaired before acceptance of the tract.
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.
Current Federal American 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
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).
Exhibit A - Conditions of Approval
Resolution No. 3901
DR 03-009
Page No. 10
The most current version of AutoCAD is Release 2000. Drawings created
in AutoCAD Release 14 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.
(5) 3.15
Prior to issuance of a building permit, in accordance with the California
Integrated Waste Management Act 1989, the applicant shall submit a
Waste Management Plan per Section 4327 of the Tustin City Code to be
reviewed and approved by the Community Development Department
(1) 3.16
Prior to issuance of a building permit, water system improvements shall
be designed in accordance with the requirements and standards of the
City of Tustin Department of Public Works or AWWA (American Water
Works Association).
(1) 3.17
Prior to issuance of a building permit, the developer shall be responsible
for all costs related to the relocation of existing fire hydrants and the
installation of new fire hydrants.
(1) 3,18
The developer shall be responsible for all costs related to the
abandonment, at the water main, of all existing potable water and fire
service connections.
(1) 3.19
(1) 3.20
The developer shall be responsible for all costs related to the installation
of new potable and fire related water services.
Prior to issuance of a Certificate of Occupancy, the developer shall submit
a water permit application to the East Orange County Water District and is
responsible for all applicable and water connection fees.
Fire Authority
(1) 4.1
Prior to issuance of any building permits, the applicant shall submit a site
access plan and 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. 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 Fire Chief. All turning radius shall be in
compliance with OCFA minimum requirements.
All of the interior streets shall serve as turnarounds due to length of main
driveway. Therefore, all streets shall be a minimum of twenty-five (25)
feet in width. Applicable CC&R 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
contact the OCFA at (714)744-0499 or visit the OCFA website to obtain a
copy of the "Guidelines for Emergency Access."
(1) 4.2
Prior to issuance of a building permit, submit and obtain approval from the
Fire Chief for fire lanes on required fire access roads less than 36 feet in
width and submit to the Community Development Department in
conjunction with the next submittal. The plans shall indicate the locations
Exhibit A - Conditions of Approval
Resolution No. 3901
DR 03-009
Page No. 11
(1) 4.3
(1) 4.4
(1) 4.5
(1) 4.6
(1) 4.7
4.8
(1) 4.9
FEES
(1)
5.1
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.
Prior to the issuance of the certificate of use and occupancy, the
approved 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 and provisions which prohibit parking in the fire lanes. A
method of enforcement shall be included.
Prior to the issuance of a building permit, the applicant shall submit a fire
hydrant location plan to the Fire Chief for review and approval.
Prior to the issuance of Certificate of Occupancy, all fire hydrants shall
have a blue reflective pavement marker indicating the hydrant location on
the street or drive per the Orange County Fire Authority Standard as
approved by the Fire Chief. These markers are to be maintained in good
condition by the property owner.
Prior to the issuance of a building permit, 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 Fire Chief for approval.
Prior to issuance of a building permit, submit plans for any required
automatic fire sprinkler system in any structure to the Fire Chief for review
and approval.
Prior to the issuance of a Certificate of Occupancy, the fire sprinkler
system shall be operational in a manner meeting the approval of the Fire
Chief.
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 the all weather fire protection access reads
shall be in place and operational before any combustible material is
placed on site subject to an on-site inspection.
Prior to issuance of any building permits, payment shall be made of all
applicable fees, including, but not limited to, the following. Payment shall
be required based upon those rates in effect at the time of payment and
are subject to change.
a)
Building and grading plan check and permit fees to the Community
Development Department based on the most current schedule.
b) Private improvement plan check and permit fees.
c)
Orange County Fire Authority plan check and inspection fees to the
Community Development Depadment based upon the most current
schedule.
d) New development fees in the amount of $350 per unit, plus $100
per bedroom over one in each unit.
Exhibit A - Conditions of Approval
Resolution No. 3901
DR 03-009
Page No. 12
(1) 5.2
e)
School facilities fee to the Tustin Unified School District subject to
any agreement reached and executed between the District and the
applicant.
Payment of the Orange County Sanitation District No. 7 Sewer
Connection Fees at the time a building permit is issued. The
current fee is $1,620.00 per each three-bedroom multi-family unit
and $1,965.00 per each four-bedroom multi-family unit.
g)
Payment of the Major Thoroughfare and Bridge Fees at the time of
issuance of a building permit to the Tustin Public Works
Department. As of July 1, 2003, the fee is $1,731.00 per unit for
multi-family development.
h)
Payment of "in-lieu" traffic impact mitigation fee of $19,780 to the
City of Tustin. The in lieu fee will be used towards the construction
of a raised median along Newport Avenue to bring the level of
service on Newport Avenue at the project entrance to an
acceptable level.
i) Water connection fees to the East Orange County Water District.
J)
Transportation System Improvement Program (TSIP) fees for Area
"B" in the amount of $3.31 per square foot.
Within forty-eight (48) hours of approval of the subject project, the
applicant shall deliver to the Community Development Department, a
cashier's check payable to the COUNTY CLERK in the amount of forty-
three dollars ($43.00) to enable the City to file the appropriate
environmental documentation for the project. If within such forty-eight
(48) hour period that applicant has not delivered to the Community
Development Department the above-noted check, the statute of
limitations for any interested party to challenge the environmental
determination under the provisions of the California Environmental Quality
Act could be significantly lengthened.
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