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HomeMy WebLinkAbout02 DR 03-016ITEM #2 ',port to the Planning Commission DATE: SUBJECT: PROPERTY OWNER/ APPLICANT: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: JANUARY 12, 2004 DESIGN REVIEW 03-016 JOHN COELHO FORUM CAPITAL LLC 1601 WEST MISSION BLVD. POMONA, CA 91766 137 W. FIRST STREET FIRST STREET SPECIFIC PLAN (FSSP) COMMERCIAL AS PRIMARY LAND USE DESIGNATION THIS PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO SECTION 15332, CLASS 32 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AUTHORIZATION TO CONSTRUCT A 14,690 SQUARE FOOT RETAIL CENTER RECOMMENDATION That the Planning Commission approve Design Review 03-016 by adopting Resolution No. 3905. BACKGROUND The applicant is requesting approval of a Design Review application to construct a new retail center at 137 W. First Street that would include three separate buildings and an access from First Street. The site is currently vacant and is located within the "Commercial Primary" land use designation of the First Street Specific Plan. Since the proposed retail center is consistent with the primary uses of Commercial land use designation of the First Street Specific Plan (FSSP), development of the site is subject to approval of a design review by the Community Development Director in accordance with Section II1-1 of the Specific Plan. However, this authority has been deferred to the Planning Commission. In addi:tion, since the project site is adjacent to residential uses, a courtesy notice has been mailed to the residents and property owners within 300 feet of the project site. Planning Commission Report DR 03-016 January 12, 2004 Page 2 Site and Surrounding Properties The project site is a vacant lot approximately 1.17 acres in size and is located at 137 W. First Street, which is on the north side of First Street on the block between Prospect Avenue and North C Street (Attachment A - Location Map). The site is bounded by residential uses to the north, northeast and northwest and commercial uses to the east, west and south. The site was previously occupied by Mullin Lumber Company for many years and has been vacant since 1992. Project Description The project site is a rectangular shaped lot 1.174 acres in area, 280 feet deep with a 181 foot frontage on First Street. Three separate single-story buildings are proposed: a 8,684 square foot building situated perpendicular to First Street with storefronts facing the parking area on the east, a 2,550 square foot building located approximately 150 feet from First Street, and a 3,456 square foot building with a ten (10) foot setback from First Street. Two of the buildings are connected with a pedestrian walkway and a brick faCade that would contain the retail center sign facing First Street. In accordance with the First Street Specific Plan Design Guidelines, two of the buildings are located along First Street to encourage pedestrian circulation and setback more than sixty (60) feet from the rear property line to be less intrusive to residential uses to the north. The project site is bounded by Lockwood Park Place (a local residential street) on the north; however, no access would be provided from the residential areas. The only access to the site is provided from First Street (Attachment B - Submitted Plans). A trash enclosure is proposed at the easterly portion of the parking area, more than eighty-five (85) feet from nearest residential properties. Parking The site includes seventy-three (73) parking spaces to accommodate a variety of retail and service uses with the exception of restaurants with seating and medical uses. Twenty- two (22) of the parking spaces or a maximum of thirty (30) percent of the spaces are compact stalls in accordance with Section Ill(E)(2) of FSSP. The compact stalls are mainly at the rear of the site where they would be mostly used for employee parking. An adequate turnaround space for emergency vehicles has been provided on-site. Since no excess parking spaces are provided, Condition 5.2 is included to allow restaurant and medical office uses only upon approval of the Community Development and Public Works Department with review and submittal of a parking demand analysis. Architecture The three buildings are single story, eighteen (18) feet in height, and designed with brick face, brick cornice, cast stone medallions that are compatible with the historic buildings of Main Street and El Camino Real. The store fronts are accented with canvas awnings and decorative lighting (Attachment B - Submitted Plans). As proposed, the building mass Planning Commission Report DR 03-016 January 12, 2004 Page 3 and scale and materials and colors would result in a high quality design. The project would also provide an attractive terminus for El Camino Real as noted in the "Visions of Old Town" (R/UDAT), which encourages major anchor projects at the north and south end of El Camino Real that incorporate the landscaping and architectural theme along El Camino Real and reflect a small-town character. Condition 3.1 is included to require that the quality of materials and colors are consistent with the submitted color/material board and elevation drawings. The site is currently separated by a seven (7) foot block wall from residential uses. The applicant is proposing to enhance the appearance of the block wall with a soldier course brick cap and brick pilasters on the interior of the site and along the east and west sides where visible from the public right-of-way. No storefronts are proposed along the east and west elevations. To enhance the blank wall appearance on the east and west elevations, the brick pilasters are also included on the sides of the building with a brick geometric pattern (Attachment B - Submitted Plans). Landscaping The project site in general would include eight (8) 24-inch box Crape Myrtles within the parking area, two of which would be located at the main entrance to the project, twenty- seven (27), 15-gallon Canary Island Pines along the east, north, and south of the property, and a 36-inch box Jacaranda as an accent tree (Attachment B - Submitted Plans). Development of the site would also result in replacing two (2) of the existing Ficus trees along the First Street right-of-way with Trumpet trees. Condition 4.2 is included to require installation of landscape areas in accordance with the submitted plans and on- going maintenance and replacement of the landscaped areas as necessary. Lighting The parking area is proposed to include pole lights of ten (10) feet in height increasing in height to fifteen (15) feet in height as they move away from residential uses to the north. Based on the submitted photometric plan, no light spillage to adjacent residential properties is expected (Attachment B - Submitted Plans). Condition 2.2 is included to ensure that the final lighting design is in accordance with the minimum requirements of the Tustin Security Ordinance and fully contained on-site with no spillage or visibility from adjacent residential properties. ANALYSIS In determining whether to approve the project, the Planning Commission would need to determine that the location, size, architectural features, and general appearance of the project is compatible with the surrounding buildings and will not impair the orderly and harmonious development of the area. A decision to approve this request may be supported by the following findings: 1) In accordance with Urban Design Policies 1 through 7 of the First Street Specific Plan Design Guidelines, the project is a retail center that would promote and Planning Commission Report DR 03-016 January 12, 2004 Page 4 encourage orderly and cohesive growth on First Street, enhance the environment along First Street, be an appropriate scale in relation to other developments along First Street, and provide a pedestrian orientation. The single-stoW architectural style of the building is a similar height, mass, and scale to other buildings along First Street and will use high quality materials, colors, and details in a style that would complement Old Town Tustin. The project would promote pedestrian circulation by locating the buildings and storefronts along First Street while providing convenient vehicular access and parking. 2) The project is consistent with the suggestions of the "Visions of Old Town" (R/UDAT) in that the proposed retail center would establish desirable retail uses on an anchor site at the terminus of El Camino Real in one-stow buildings with face brick, brick cornices, and accent glazed brick that complement the scale, massing and design of Old Town Tustin. 3) The site design provides for adequate on-site circulation for patrons and emergency vehicles; egress and ingress to the site is provided from First Street and does not require access from the residential road to the north of the site. 4) The placement of the buildings at the front of the lot and use of ten and fifteen foot tall lighting standards would minimize noise and lighting on adjacent residential uses. 5) As conditioned, the project would be required to dedicate or grant easements for facilities necessary to serve the project such as fire protection access and disabled access. Minoo Ashabi Associate Planner Attachments: Ao Location Map Submitted Plans Resolution No. 3905 S:\Cdd~PCREPORT~R 03-016-137 W. First Street.doc Karen Peterson Senior Planner ATTACHMENT A Location Map LOCATION MAP PROJECT NO. ADDRESS IR¥1NE BOULEVARD FIRgT STREET P~R TREE / L ATTACHMENT B Submitted Plans rn ~ ~J J ? ATTACHMENT C Resolution No. 3905 RESOLUTION NO. 3905 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN APPROVING DESIGN REVIEW 03-016 AUTHORIZING SITE AND ARCHITECTURAL DESIGN FOR CONSTRUCTION OF A 14,690 SQUARE FOOT RETAIL CENTER AT 137 W. FIRST STREET The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: Ao That a proper application for Design Review 03-016 was filed by Forum Capital LLC (John Coelho) requesting authorization to construct a 14,690 square foot retail center, at 137 W. First Street, also known as (APN 401-532-08). That the proposed retail uses are consistent with the Tustin General Plan in that the property is designated as "Planned Community Commercial" which provides for the establishment of commercial uses. In addition, the project has been reviewed for consistency with the Air Quality Sub-Element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub-Element. The project is located within the First Street Specific Plan (FSSP) zoning district, Commercial as Primary land use designation where retail and service uses are permitted. That design review within First Street Specific Plan is subject to review and approval of the Community Development Department, which has been deferred to the Planning Commission. The Planning Commission considered Design Review 03-016 on January 12, 2004, in a public meeting. 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 making such findings, the Commission has considered at least the following items: 2. 3. 4. 5. 6. Height, bulk, and area of buildings; Setbacks and site planning; Exterior materials and colors; Type and pitch of roofs; Size and spacing of windows, doors, and other openings; Towers, chimneys, roof structures, flagpoles, radio and television antennae; Location, height, and standards of exterior illumination; Resolution No. 3905 Page 2 10. 11. 12. 13. 14. 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. In accordance with Urban Design Policies 1 through 7 of the First Street Specific Plan Design Guidelines, the project is a retail center that would promote and encourage orderly and cohesive growth on First Street, enhance the environment along First Street, be an appropriate scale in relation to other developments along First Street, and provide a pedestrian orientation. The single-stow architectural style of the building is a similar height, mass, and scale to other buildings along First Street and will use high quality materials, colors, and details in a style that would complement Old Town Tustin. The project would promote pedestrian circulation by locating the buildings and storefronts along First Street while providing convenient vehicular access and parking. Go The project is consistent with the suggestions of the "Visions of Old Town" (R/UDAT) in that the proposed retail center would establish desirable retail uses on an anchor site at the terminus of El Camino Real in one-stow buildings with face brick, brick cornices, and accent glazed brick that complement the scale, massing, and design of Old ToWn Tustin. Ho The and from road site design provides for adequate on-site circulation for patrons emergency vehicles; egress and ingress to the site is provided First Street and does not require access from the residential to the north of the site. The placement of the buildings at the front of the lot and use of ten and fifteen foot tall lighting standards would minimize noise and lighting on adjacent residential uses. As conditioned, the project would be required to dedicate or grant easements for facilities necessary to serve the project such as fire protection access and disabled access. Resolution No. 3905 Page 3 II. Ko This project is Categorically Exempt pursuant to Section 15332, Class 32 of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). The Planning Commission hereby approves Design Review 03-016 to construct a 14,690 square foot retail center including three buildings of 2,550 square feet, 3,456 square feet, and 8,684 square feet at 137 W. First Street also known as (APN 401-532-08), 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 12th day of January, 2004. ELIZABETH A. BINSACK Planning Commission Secretary LINDA C. JENNINGS Chairperson 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. 3905 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 12th day of January, 2004. ELIZABETH A. BINSACK Planning Commission Secretary GENERAL (1) 1.1 (1) 1.2 (1) 1.3 (1) 1.4 (1) EXHIBIT A CONDITIONS OF APPROVAL DESIGN REVIEW 03-016 JANUARY 12, 2004 The proposed project shall substantially conform with the submitted plans for the project date stamped January 12, 2004, 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. 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 03-016 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 03-016, 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 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 Resolution No. 3905 January 12, 2004 Page 2 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 (3) 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. (3) 2.2 Building plan check submittal shall include the following: · Seven (7) sets of construction plans, including mechanical, plumbing, and electrical. · Two (2) copies of structural calculations. drawings for 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 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 Exhibit A Resolution No. 3905 January 12, 2004 Page 3 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 or adjacent properties. 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. (3) 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. (3) 2.4 Parking spaces accessible for disabled persons shall be provided with an additional five (5) foot loading area with striping and ramp; disabled persons shall be able to park and access the building without passing behind another car. At least one (1) accessible space shall be van accessible served by a minimum 96-inch wide loading area. (3) 2.5 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. (3) 2.6 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. (3) 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 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. Exhibit A Resolution No. 3905 January 12, 2004 Page 4 (3) 2.8 (3) 2.9 (3) 2.10 (3) (3) (3) 2,11 2.12 2.13 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. 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 fewer 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. 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. 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 pad certification to the Building Division for review and approval prior to the issuance of a building permit. 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. 3905 January 12, 2004 Page 5 (3) 2.14 (3) 2.15 (3) 2.16 (3) (3) (3) (3) 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. (3) 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. 2.17 The Community Development shall determine whether any change in use requires an amendment to an approved Water Quality Management Plan. 2.18 ' 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. 2.19 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. 2.20 No outdoor storage shall be permitted except as approved by the Tustin Community Development Director. 2.21 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 (6) feet. The location of the enclosures and types of screening and details of the enclosures shall be shown on the site plan when submitted at building plan check and Exhibit A Resolution No. 3905 January 12, 2004 Page 6 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. (1) 2.22 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 alerts and when Wind velocities exceed 15 miles per hour. (1) 2.23 The applicant shall comply with Urgency Ordinance No. 1281 of the City of Tustin regarding diversion of construction and demOlition debris adopted on October 20, 2003. A copy of the ordinance can be obtained at the Community Development Department. ARCHITECTURE (4) 3.1 (4) 3.2 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. Exact details of the exterior door/storefront, building parapet, and cornices shall be provided on the construction plans. Final construction details are subject to review and approval of the Community Development Department. ' (4) (4) 3.3 3.4 All exposed metal flashing or trim shall be painted to match the building. No exterior down spouts, roof scuppers, or roof access shall be permitted. All roof drains shall utilize interior piping, but may have exterior outlets at the base of buildings. (4) 3.5 All signs are subject to separate review and approval. 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. The plans submitted shall indicate 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. Exhibit A Resolution No. 3905 January 12, 2004 Page 7 (1) 4.2 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. (***) 4.3 A minimum of eight (8) 24-inch box Crape Myrtles, one (1) 36-inch box Jacaranda, and twenty-seven (27) 15-gallon pines shall be installed within the property, and two (2) Trumpet trees along the First Street right-of-way shall be placed in accordance with the requirements of the Public Works Department. USE RESTRICTIONS (***) 5.1 (***) 5.2 (***) 5.3 (5) 5.4 NOISE The project shall provide a minimum of seventy-three (73) parking spaces to accommodate retail uses. Any change to the uses, square footage, or parking spaces shall be submitted to Community Development Department for review and approval. Restaurants and medical uses may require additional parking and would not be permitted unless a parking demand analysis is provided for review and approval of the Community Development Department that demonstrates that noted uses can be accommodated with on-site parking. Installation of any outdoor furniture (other than outdoor seating for restaurants, which requires a conditional use permit) visible from the public right-of-way requires review and approval of the Community Development Department. The applicant shall obtain all necessary approvals prior to selling alcoholic beverages on the property. (2) 6.1 6.2 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. If in the future the City determines that a noise problem exists, the applicant shall be required to submit a noise study and implement immediate interim and permanent mitigation measures upon review and approval by the Community Development Department and the Public Works Department. Exhibit A Resolution No. 3905 January 12, 2004 Page 8 (2) 6.3 Public address systems and buzzers shall be prohibited. PUBLIC WORKS DEPARTMENT (1) 7.1 A separate 24" by 36" street improvement plan, as prepared by a California Registered Civil Engineer, shall be required for all construction within the public right-of-way along project frontage on First Street. 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; · Domestic water facilities; · Sanitary sewer connections; and, · Landscape/irrigation. (1) (1) (1) 7.2 7.3 7.4 Preparation of plans for and construction of all sanitary sewer facilities shall be submitted as required by the City Engineer and local sewering agency. The applicant shall obtain release/approval from the East Orange County Water District prior to receiving water service. Backflow prevention devices shall be installed within an easement of suitable size to allow for unobstructed access, inspection, testing, and maintenance. A complete hydrology study and hydraulic calculations shall be submitted for review and approval. (1) 7.5 Permission from property owners shall be required for any work located on adjacent properties. (1) 7.6 Existing sewer, domestic water, reclaimed water and storm drain service laterals shall be utilized whenever possible. (1) (1) 7.7 7.8 Any damage done to existing street improvements and utilities shall be repaired before issuance of a Certificate of Occupancy. 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) 7.9 Prior to issuance of a building permit, the applicant shall provide fire protection access easements and dedicate them to the City. The easements shall be located within unobstructed areas and clear access shall be provided at all times. Exhibit A Resolution No. 3905 January 12, 2004 Page 9 (1) 7.10 All drive aprons and curb ramps shall be designed in accordance with the current Federal Americans with Disabilities Act (ADA) requirements. If additional right-of-way is needed to accommodate ADA facilities, the applicant shall provide appropriate easements. All dedications require submittal of legal description and sketches as prepared by a California Registered Civil Engineer or California Licensed Land Surveyor for review and approval of the Public Works Department. (1) 7.11 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 draftin~g (CADD) format. The standard file format is AutoCAD Release 14 or 2000 having the extension DWG. Likewise, layering and linetype conventions are AutoCAD-based (latest version available upon request from the Engineering Division). In order to interchangeably utilize the data contained in the infrastructure mapping system, CADD drawings must be in AutoCAD "DWG" format (i.e., produced using AutoCAD or AutoCAD compatible CADD software). The most current version of AutoCAD is Release 14. (1) 7.12 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. 7.13 Location of fire hydrants shall be approved by the City of Tustin and the Orange County Fire Authority (OCFA). (1) 7.14 Hydraulic analysis of proposed water systems and ability to meet OCFA fire flow demands and requirements shall be performed and certified by the applicant. 7.15 The applicant shall be responsible for all costs related to the relocation of existing fire hydrant and installation of new fire hydrants. 7.16 The applicant shall be responsible for all costs related to the abandonment, at the water main, of all existing potable water and fire services connections. (1) 7.17 The applicant shall be responsible for all costs related to the installation of new potable water and fire-related water services. 7.18 The applicant shall submit a water permit application to the East Orange County Water District and is responsible for all applicable and water connection fees. Exhibit A Resolution No. 3905 January 12, 2004 Page 10 (1) 7.19 (1) 7.20 Water system improvements shall be designed in accordance with the requirements and standards of the Public Works Department and/or American Water Works Association (AWWA). Prior to issuance of a grading permit, preparation of plans for and construction of the following shall be required: All sanitary sewer facilities shall be submitted as required by the City Engineer and local sewering agency. A domestic water system shall be designed and installed to the standards of the City of Tustin Water Services Division. Plans shall also be reviewed and approved by the Orange County Fire Authority for fire protection purposes. The adequacy and reliability of the water system design and the distribution of fire hydrants will be evaluated. The water distribution system and appurtenances shall also conform to the applicable laws and adopted regulations enforced by the Orange County Health Care Agency. Any required reclaimed water system shall meet the standards as required by the City of Tustin Water Services Department. Release/approval from East Orange County Water District shall be obtained prior to receiving water service. ORANGE COUNTY FIRE AUTHORITY (5) 8.1 (5) 8.2 (5) 8.3 (5) 8.4 Prior to issuance of a grading plan, 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. 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 shall be provided and approved by the Fire Chief. Please contact the OCFA at (714) 744-0499 or visit the OCFA website for a copy of the "Guideline for Emergency Access." Prior to the issuance of building permits, the applicant shall provide evidence of adequate fire flow. The "Orange County Fire Authority Water Availability for Fire Protection" form shall be signed by the applicable water district and submitted to the Fire Chief for approval. If sufficient water to meet fire flow requirements is not available, an automatic fire extinguishing system may be required in each structure affected. Prior to issuance of a building permit, the applicant shall submit a fire hydrant location plan to the Fire Chief for review and approval. Prior to issuance of a building permit, the applicant shall submit evidence of the on-site fire hydrant system to the Fire Chief and indicate whether it is public or private. If the system is private, it shall be reviewed and approved Exhibit A Resolution No. 3905 January 12, 2004 Page 11 by the Fire Chief prior to issuance of a building permit, and the applicant shall make provisions for the repair and maintenance of the system in a manner meeting the approval of the Fire Chief. Please contact the OCFA at (714) 744-0499 or visit the OCFA website for a copy of the "Guidelines for Private Fire Hydrant and/or Sprinkler underground Piping." (5) 8.5 Prior to issuance of a building permit, the applicant shall submit plans and obtain approval from the Fire Chief for fire lane roads fewer than 35 feet in width. The plans shall indicate the location 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. Prior to issuance of any Certificate of Occupancy, the fire lanes shall be installed in accordance with the approved fire lane plan. The CC&Rs or other approved documents shall contain a fire lane map, provisions prohibiting parking in the fire lanes and a method of enforcement. Please contact the OCFA at (714) 744-0499 or visit the OCFA website to obtain a copy of the "Guidelines for Emergency Access Roadway and Fire Lane Requirements." (5) 8.6 Prior to the issuance of a building permit, the applicant shall submit plans for any required automatic fire sprinkler system in any structure to the Fire Chief for review and approval. The sprinkler system shall include the trellis structure area. 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) · 8.7 Prior to the issuance of a certificate of use and occupancy, the sprinkler system shall be operational in a manner meeting the approval of the Fire Chief. (5) 8.8 Prior to the issuance of any building permits, the applicant shall obtain the approval from the Fire Chief for the construction of any gates across required fire department access to the building. Two additional gates for emergency access shall be required at the northwest corner of property and at the southeast corner of the building for emergency access and firefighting purposes. Please contact the OCFA at (714) 744-0499 or visit the OCFA website to obtain a copy of the "Guidelines for Design and Installation of Emergency Access Gates and Barriers." FEES (1) 9.1 Prior to issuance of any building permits, payment shall be made of alt 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 Division plan check and permit fees to the Community Development Department based on the most current schedule. Exhibit A Resolution No. 3905 January 12, 2004 Page 12 b) c) d) e) g) h) Orange County Fire Authority plan check and inspection fees to the Community Development Department based upon the most current schedule. 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 $3.37 per square foot of the building. Payment of the Orange County Sanitation District No. 7 Sewer Connection Fees at the time a building permit is issued. The current fee is $675/1,000 square feet of the building for average capacity building and $1,600.00 per 1,000 square foot of the building for high capacity demand. Payment of the East Orange County Water District fee, as established by the district for commercial development. Proof of payment shall be provided to Tustin Public Works Department (Water Division) prior to domestic water connection. Transportation System Improvement Program (TSIP) Benefit Area "A" fees in the amount of $5.53 per square feet of new or added gross square floor area of construction or improvements to the Community Development Department. School facilities fee to the Tustin Unified School District subject to any agreement reached and executed between the Distdct and the applicant. The current fee for commercial development is $0.33 per square foot. New development fees in the amount of $0.10 per square foot of gross floor area paid to the Community Development Department. 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.