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HomeMy WebLinkAboutPC RES 3913 RESOLUTION NO. 3913 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN APPROVING DESIGN REVIEW 03-012 AUTHORIZING CONSTRUCTION OF A 9,300 SQUARE FOOT COMMERCIAL BUILDING AND TWELVE (12) LIVE-WORK UNITS AND SITE AMENITIES, AND A REDUCTION IN THE NUMBER OF OFF-STREET PARKING SPACES ON THE PROPERTY LOCATED AT THE NORTHWEST CORNER OF MAIN STREET AND PROSPECT AVENUE The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. A proper application for Design Review 03-012 was submitted by Prospect Village, LP, a California Limited Partnership (formerly known as Pelican Center LLC), requesting approval to construct a 9,300 square foot commercial building and twelve (12) live/work units and a reduction in off- street parking requirements at the northwest corner of Main Street and Prospect Avenue. B. A public hearing was duly called, noticed, and held for said application on April 26, 2004, by the Planning Commission; C. The proposed project is located within the General Plan "Old Town Commercial" land use designation, which supports the development of retail, restaurant, office, and residential uses. The site is currently within the Central Commercial and Parking Overlay (C2-P) zoning district and would be located within a Planned Community District and subject to the Prospect Village Planned Community District Regulations, if Zone Change 03-002 is adopted by the City Council on May 17, 2004. The building intensity, density, and design of the proposed project are consistent with the proposed regulations of the Planned Community District. D. The applicant has requested approval of Tentative Tract Map 16481 in conjunction with Design Review 03-012 to create the building sites shown on the submitted development plans; findings and conditions of approval related to conversion of an easement over a portion of the public alley to fee title and construction of infrastructure improvements necessary to support the project have been included in Resolution No. 3912. E. Pursuant to Section 9272 of the Tustin Municipal Code, the Planning Commission finds that the location, size, architectural features, and general appearance of the proposed development will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole. In making such findings, the Commission has considered at least the following items: Resolution No. 3913 DR 03-012 Page 2 1. Height, bulk, and area of buildings: The proposed height, massing, and size of the buildings are compatible with existing commercial buildings surrounding the site, which include two-story commercial buildings with flat roofs and brick parapets. 2. Setbacks and site planning: The proposed building setbacks are compatible with other commercial developments in Old Town with zero setbacks along Main Street and Prospect Avenue, which is common in urban settings. 3. Exterior materials and colors: The proposed materials such as brick veneer, dentil cornice, stone window and door heads are compatible with existing architectural materials in existing buildings within Old Town Tustin. 4. Type and pitch of roofs: The proposed architecture contains flat roofing and parapet with a decorative cornice, similar to other commercial buildings along Main Street. 5. Size and spacing of windows, doors, and other openings: The proposed window and door styles (Le., double hung windows with decorative mullions, and large storefront) and window accents such as brick/stone door and window heads, brick windows sills, awnings, and shutters) are consistent with the features of existing buildings in Old Town Tustin. 6. Towers, chimneys, roof structures, flagpoles, radio and television antennae: The proposed pyramid shape towers at the corners provide architectural relief and interest and are integrated to accent the corners and define the boundaries of the project. 7. Location, height, and standards of exterior illumination: Exterior illumination for the project is provided by street lighting along Prospect Avenue, Prospect Lane (public alley), and Main Street, and by building-mounted lighting that is appropriate for the area; as conditioned, no lighting will spill over onto other properties. 8. Landscaping, parking area design, and traffic circulation: Similar to other buildings within Old Town that are located in close proximity to the property lines, limited landscaping would be provided; however, tenants would have the opportunity to set pots or planters in front of the buildings to provide greenery. In addition, the developer would be required to install street trees along the project perimeter. Parking in the commercial building is tucked under the second floor and not visible from Main Street. Access to live/work units is provided from the public alley and does not impede traffic on Main Street. 9. Location and appearance of equipment located outside an enclosed structure: All equipment would be located within an enclosed structure and integrated within the building design. 10. Location and method of refuse storage: The trash enclosure of the commercial building would be integrated into the first floor of the building and refuse collection for the live/work units would be similar to a residential development. 11. Physical relationship of proposed structures to existing structures in the neighborhood: The proposed commercial building is compatible with Resolution No. 3913 DR 03-012 Page 3 the existing structures in that the a zero foot setback from the Main Street right-of-way is maintained, the building is two stories in height (approximately 34 feet) similar to commercial buildings to the west of the site, and designed with a flat roof and brick parapet that follows similar massing and storefront along Main Street. The LiveNVork units are three stories (ranging from 36 feet to 39 feet in height including parapets) and designed with similar features to continue the commercial street frontage on Prospect Avenue and a more residential character with sloped roof for third floor along the public alley. The project would provide a consistent urban theme compatible with the surrounding buildings and would retain a pedestrian scale along the storefronts. 12. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares: The proposed design features of the buildings are consistent with the existing buildings in Old Town Tustin in that similar height, massing, and materials are proposed along the public thoroughfares. 13. Proposed signage: Although no sign plans have been submitted for the project, future proposals for the signs would be reviewed in accordance with Tustin Sign Code, which requires compatibility with the building architecture and materials. 14. Development Guidelines and criteria as adopted by the City Council: The proposed project would implement General Plan goals and policies and the Town Center Redevelopment Plan in that the project would develop a vacant and underutilized site for a mixed-use project, eliminate delay and uncertainties regarding future development of the site, stimulate private investment and demonstrate economic viability in the Old Town commercial area, increase the amount of specialty retailing and commercial development in the core of the Old Town commercial area to enhance its urban character and provide long- term economic viability, expand the niche market character of the Old Town commercial area by providing a balanced mix of new retail and commercial uses, increase the number of residential units in the Town Center Redevelopment Project Area while reflecting a high- quality urban character, develop ground floor specialty retailing configurations, provide a high-quality restaurant along with outdoor patio dining to enliven the pedestrian environment along Main Street, create a financially viable commercial mixed-used development with minimum public subsidy, create construction jobs and permanent jobs in the Town Center Redevelopment Project Area, increase the property tax increment and sales tax revenues for ongoing economic development activities in the Old Town commercial area including business retention and outreach programs, façade improvement programs, and community facility projects. The project would also be consistent with the Prospect Village Planned Community District Regulations, if adopted by the City Council, and other general development standards contained within the Tustin City Code. In Resolution No. 3913 DR 03-012 Page 4 ~/ L-- II. addition, the developer would be required to obtain a Certificate of Appropriateness prior to issuance of permits. F. Pursuant to Tustin City Code Section 9271aa, the reduction in off-street parking from ninety-two (92) spaces to sixty-two (62) spaces for commercial uses to support the commercial building and live/work units, as conditioned, is appropriate based upon the findings of the Shared Parking Evaluation (Appendix F of FEIR), which was prepared by a licensed traffic engineer and utilized the methodology promulgated by the Institute of Transportation Engineers (ITE). The evaluation found that the provision of three (3) on-site parking spaces and fifty-nine (59) off-site parking spaces to be provided at the Main Street Water Facility, within 300 feet of the project, will be sufficient for the anticipated demand of the project. As conditioned, the developer will be required to obtain a lease from the City for fifty-nine (59) off-site parking spaces at the City's Main Street Water Facility in accordance with Tustin City Code Section 9252j3(d)(3) or provide alternative parking to support the project. G. In accordance with the provisions of the California Environmental Quality Act (CEQA), a Final Environmental Impact Report (FEIR) has been prepared and all mitigation measures have been included as conditions of approval. The FEIR was considered by the Planning Commission prior to considering approval of Design Review 03-012. By adopting Resolution No. 3910, the Planning Commission has determined that the FEIR is complete and certified the Prospect Village Environmental Impact Report and adopted a Statement of Overriding Considerations and Mitigation Monitoring Program for the purpose of approving Design Review 03-012. The Planning Commission hereby approves Design Review 03-012, authorizing construction of a 9,300 square foot commercial building and twelve (12) live/work units and a reduction in off-street parking requirements, subject to the conditions contained in Exhibit A attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 26th day of April, 2004. / ?l~/-~ ELIZABETH A. BINSACK Planning Commission Secretary Resolution No. 3913 DR 03-012 Page 5 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. 3913 duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 26th day of April, 2004. a~h~~¡- ELIZABETH A. BINSACK Planning Commission Secretary ----.---.- .-._--_.~- GENERAL (1 ) (1 ) 1.2 (1 ) 1.3 (1 ) 1.4 EXHIBIT A DESIGN REVIEW 03-012 RESOLUTION NO. 3913 CONDITIONS OF APPROVAL 1.1 The proposed project shall conform with the submitted plans for the project date stamped April 26, 2004, on file with the Community Development Department, except as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit and City review required pursuant to Disposition and Development Agreement for the project. The Director of Community Development may also approve minor modifications to plans during plan check if such modifications are consistent with the provisions of the Tustin City Code, other applicable codes, and all requirements of the DDA. Approval of Design Review 03-012 is contingent upon the applicant returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the property owner signing and recording with the County Clerk-Recorder a notarized "Notice of Discretionary Permit Approval and Conditions of Approval" form. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. As a condition of approval of Design Review 03-012, 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. Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified or prior to the issuance of any grading or building permits for the project, as applicable, subject to review and approval by the Community Development Department and City review required pursuant to the DDA. SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODE/S (4) DESIGN REVIEW - -~~ ~"--- "-~ -- .~~ --- (5) RESPONSIBLE AGENCY REQUIREMENT (6) LANDSCAPING GUIDELINES (7) PC/CC POLICY *** EXCEPTION Exhibit A of Resolution No. 3913 DR 03-012 Page 2 (1 ) (1 ) (1 ) (1 ) (5) (5) (1 ) 1.5 Approval of Design Review 03-012 shall become null and void in the event that the City Council does not approve the Disposition and Development Agreement (DDA) in case of default by the developer or termination by the City, including, but not limited to, the City's approval of any final plans not completed at the time of default or termination. 1.6 Approval of Design Review 03-012 will become null and void in the event the City Council does not approve Zone Change 03-002, Tentative Tract Map 16481, or if conditions of the DDA for the project are violated. 1.7 Approval of Design Review 03-012 shall become null and void in the event that the Community Development Director does not issue a Certificate of Appropriateness for the project. 1.8 The subject project approval shall become null and void unless permits for the proposed project are issued and substantial construction is underway within the time frames identified in the schedule of performance contained in the DDA. All time extensions may be considered if a written request is within thirty (30) days prior to expiration and processed in accordance with the provisions of the DDA. 1.9 Issuance of Certificates of Use and Occupancy shall be limited to all requirements contained in the DDA and pursuant to this entitlement approval and all conditions incorporated herein as a condition of this entitlement as though fully set forth herein. 1.10 This development is subject to the applicant's fulfillment of all provisions of DDA. 1.11 The development of the project authorized by Design Review 03-012 shall be in accordance with the FEIR Mitigation Monitoring Program, Tentative Tract Map 16481, and Zone Change 03-002, as approved by Resolution Nos. 3910, 3911, and 3912 which are incorporated herein by reference, as though fully set forth in the DDA. (1 ) 1.12 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 ordinance. (1 ) 1.13 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. Exhibit A of Resolution No. 3913 DR 03-012 Page 3 GRADING PLAN SUBMITTAL (1) (1 ) (1 ) (1 ) (1 ) 2.1 2.2 2.3 2.4 2.5 Seven (7) sets of 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 a precise soils report (less than one (1) year old) provided by a civil engineer. Expanded information regarding the levels of hydrocarbons and ground water contamination found on-site shall be provided in the soils 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. . Two (2) copies of Hydrology Report. 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. Authorization of all easement holders shall be provided prior to issuance of a rough grading permit. 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. WATER QUALITY (1 ) (1 ) 3.1 3.2 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 any 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 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 of Resolution No. 3913 DR 03-012 Page 4 (1 ) (1 ) (1 ) (1 ) (1 ) 3.3 3.4 3.5 3.6 3.7 (1 ) (1 ) Prior to submittal of a Water Quality Management Plan (WQMP), the applicant shall submit a deposit of $2,700 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 and Public Works Departments 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. An erosion and sedimentation control plan shall be submitted for review and approval to the Building Official prior to issuance of grading permits. A variety of best management practices as identified in the City's Best Management Practices Handbook and devices such as desilting basins, check dams, cribbing, rip rap, watering, and other methods shall be included on the plan, implemented, and maintained on an ongoing basis to control water and wind-related erosion and prevent sedimentation from entering the storm drain system, adjacent properties, or rights-of-way. 3.8 A variety of best management practices as identified in the City's Best Management Practices Handbook shall be implemented on an ongoing basis during construction to protect surface waters and prevent wastes or pollutants from moving off-site during a storm. Potential pollutants include, but are not limited to, paints, stains, sealants, glues, fuels, oils, lubricants, fertilizers, etc. Disposal of such materials shall occur in a specified and controlled temporary area on-site, physically separated from potential storm water run-off, with ultimate disposal in accordance with local, State, and Federal regulations. 3.9 Prior to issuance of grading permits, the applicant shall post with the Public Works Department a minimum $2,500 cash deposit or letter of credit to guarantee the sweeping of streets and clean-up of streets .-.--------.------- (2) (1 ) Exhibit A of Resolution No. 3913 DR 03-012 Page 5 affected by construction activities. In the event this deposit is depleted prior to completion of development, an additional incremental deposit will be required. (1 ) 3.10 Earth, sand, gravel, rock, stone, or other excavated material or debris may not be deposited or moved so as to cause the same to be deposited upon or roll, blow, flow, or wash upon or over any public place or right-of-way or the premises of another without the express written consent of the owner. (1 ) 3.11 When loading or transporting any earth, sand, ground, rock, stone, or other excavated material or debris, such material shall be prevented from blowing or spilling onto the public right-of-way or adjacent private property. The applicant shall be responsible for maintaining public rights-of-way in a condition reasonably free of dust, earth, or debris attributed to the grading operation. If any debris is deposited within the right-of-way or adjacent property, the applicant shall be responsible for removing the material immediately. 3.12 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. 3.13 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 grading and 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. BUILDING PLAN SUBMITTAL (3) (1 ) 4.1 At the time of building permit application, the plans shall comply with the latest adopted codes, City Ordinances, and State and Federal laws and regulations. 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, and Title 24 Energy Regulations. 4.2 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. . Roofing material shall be fire rated class "B" or better. . Note on plans that no field changes shall be made without prior approval from the Building Official and architect or engineer of record. Exhibit A of Resolution No. 3913 DR 03-012 Page 6 (3) 4.3 (3) 4.4 (3) 4.5 (3) 4.6 (3) 4.7 (3) 4.8 (3) 4.9 . Rooftop equipment shall be installed and maintained at least six (6) inches below the parapet so the equipment is not visible from the public right-of-way or adjacent properties. . Details of all proposed lighting fixtures and a photometric study showing the location and anticipated pattern of light distribution of all proposed fixtures. . A letter of acceptance from Federal Disposal for location of the proposed trash enclosures. All trash enclosures shall be constructed in accordance with the City's standard detail and the requirements of Federal Disposal and shall be adequately screened. The plans submitted shall indicate that restrooms are accessible to persons with disabilities as per State of California Accessibility Standards (Title 24). Plumbing fixture units are required to comply with the 2001 California Plumbing Code Chapter four (4) Table 4-1 as per type of group occupancy, or as approved by the Building Official. Openings in exterior walls shall not be permitted less than five (5) feet from property lines, 2001 California Building Code (Table 5A). Escape and rescue windows shall be provided in all sleeping rooms in accordance with the 2001 California Building Code (Section 310.4). The residential 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, 2001 California Building Code (Section 310.11). Vehicle parking, primary entrance to the building, the primary paths of travel, cashier space, sanitary facilities, drinking fountain, and public telephones shall be accessible to persons with disabilities. Parking for disabled persons shall be provided with an additional five (5) foot loading area with striping and ramp; disabled persons shall be able to park and access the building without passing behind another car. At least one (1) accessible space shall be van accessible served by a minimum 96 inch wide loading area. An area analysis shall be submitted for all buildings (residences and garages). Submitted plans shall demonstrate compliance with allowable floor areas based on 2001 California Building Code Chapter 5, Table 5-B. 4.10 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 all buildings. The numerals shall be no less than six (6) inches in height and shall be of contrasting color to the background to which they are attached and illuminated during hours of darkness. (1 ) (3) 4.11 All new glass doors and windows, in or adjacent to doors, shall be tempered in accordance with the 2001 California Building Code Section 2406.4. -------.---..-.---.-..---..... (3) (3) (1 ) Exhibit A of Resolution No. 3913 DR 03-012 Page 7 (3) 4.12 Water heaters shall not be installed in a closet or other confined space opening into a bedroom. (3) 4.13 A level floor or landing shall be provided at all commercial and retail doors. This area shall have a minimum length of 60 inches in the direction of the door swing and 48 inches in the opposite direction of the door swing. (***) 4.14 No demolition permits shall be issued until building permits have been issued for replacement structures in accordance with Section 9252(i)(3), and the applicant shall obtain a Certificate of Appropriateness prior to issuance of building permits. 4.15 Approval of the Orange County Fire Authority regarding access, fire lanes, fire flows, fire hydrants, sprinkler system, and hazardous materials shall be obtained prior to issuance of a building permit. 4.16 All information necessary to ensure compliance with requirements of the Orange County Fire Authority shall be submitted, including information regarding fire flows and installation of fire hydrants, and shall be subject to review and approval by the City of Tustin Public Works Department and/or Irvine Ranch Water District. 4.17 Parking area dimensions, locations and access shall conform to the City's design review criteria on file in the Community Development Department. At a minimum, live/work unit garages shall be a 20 feet by 20 feet inside clear dimension. Automatic garage door openers and sectional rollup doors shall be required on all live/work units. Open parking spaces in the live/work development shall be a minimum of nine (9) feet in width by twenty (20) feet in depth. Up to a two (2) foot overhang may be permitted into a landscape planter or sidewalk area provided the sidewalk has sufficient width to comply with accessibility requirements. ENVIRONMENTAL COMPLIANCE (1 ) 5.1 All mitigation measures identified in the Final Environmental Impact Report shall be implemented in accordance with the adopted Mitigation Monitoring Program contained in Resolution No. 3910, including the following: a. Prior to the issuance of a demolition permit, documentation of the buildings to be removed shall be undertaken by the developer to be approved by the City utilizing the standards of the Historic American Building Survey (HABS), including photo-documentation and measured drawings of the East Main and Prospect Avenue elevations. These items, together with the Historical Resource Technical Report, shall be added to the Tustin Area Historical Society Museum. Exhibit A of Resolution No. 3913 DR 03-012 Page 8 b. If buried cultural resources, such as chipped or ground stone, historic debris, building foundations, or human remains are inadvertently discovered during ground-disturbing activities, work will stop in that area and within 100 feet of the find until a qualified archaeologist can assess the significance of the find, and, if necessary, develop appropriate treatment measures. Treatment measures typically include development of avoidance strategies, capping with fill material, or mitigation of impacts through data recovery programs such as excavation or detailed documentation. The contractor and lead contractor compliance inspector will verify that work is halted until appropriate treatment measures are implemented if cultural resources are discovered during construction activities. Concurrence from the City on measures to be implemented before resuming construction activities in the area of the find will be obtained. c. The applicant shall remove the clarifier on-site in accordance with applicable local, State, and Federal regulations prior to obtaining a grading permit. d. Any unknown contaminated soils that could be encountered on the project site during demolition, site clearance, or construction activities shall be removed from the project site and disposed of off- site. The removal and disposal of these hazardous materials would be in accordance with guidelines specified by the applicable local, State and Federal resources agencies, including but not limited to, the Department of Toxics Substances Control and federal Environmental Protection Agency. e. If during any future demolition or remodeling activities additional suspect materials are observed, bulk samples shall be collected of these materials and analyzed for asbestos content. All suspect materials at the property are Presumed Asbestos-containing Materials (PACMs) until the asbestos content is confirmed or denied by analytical testing. f. The applicant shall retain a licensed abatement contractor to properly remove and dispose of the damaged (peeling, flaking) lead-based paint prior to obtaining a demolition permit. g. The developer shall prepare a construction staging and parking plan for review and approval by City of Tustin Public Works prior to issuance of demolition permit. The developer or contractor shall monitor the implementation and effectiveness of the construction staging and parking plan during the construction phase of the project. The plan shall include one or more of the following potential types of traffic-related mitigation measures to ensure that temporary disruptions to the adjacent uses and circulation within the area are minimized: Exhibit A of Resolution No. 3913 DR 03-012 Page 9 h. ARCHITECTURE (4) 6.1 . Construction and Employee Parking: As part of the construction staging and parking plan, the contractor shall submit and obtain approval of a construction parking program which reflects the schedule of construction activities and location of construction-related parking. Locations of available parking would be identified. Street Circulation and Parking Measures: The contractor may request and obtain a permit for any temporary lane closures that may be required for adjacent roadways. The contractor would utilize flagmen for traffic control to minimize inconvenience and for safety of vehicles and pedestrians. Haul Truck Routes, Queue Areas, and Deliveries: The contractor shall provide an estimate of truck volume and schedule. Schedule adjustments would be made to minimize the volume during peak traffic hours. Areas would be designated by the developer or contractor for staging of all trucks. All earth-moving and ready-mix trucks would be equipped with two-way radios. The trucks would follow a City-approved route to the project site, without unnecessary waiting. Hours of Excavation Hauling: Heavy truck hauling associated with excavation shall be scheduled to minimize interference with daytime activity in the area. The hours for excavation hauling would be determined in conjunction with the City as part of the construction staging and parking plan. Pedestrian Safety Measures: The contractor shall install a construction fence around the perimeter, complying with City requirements before excavation begins. A flagman shall be available at all times and would be utilized whenever trucks entering or leaving the project site may impede the flow of traffic. - ---, . . . . If the City Council does not approve an Off-Site Parking Agreement for fifty-nine (59) parking spaces at the City's Main Street Water Facility, the applicant shall present an alternative shared use agreement to the City for review and approval prior to issuance of a demolition permit. If the City does not approve an alternative shared use agreement, the project shall not proceed. 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. The developer shall coordinate inspections with Planning staff at the time of initial material or color application so that staff can verify compliance with the submitted color/material board. ------------ Exhibit A of Resolution No. 3913 DR 03-012 Page 10 (4) (4) (4) (4) (4) (2) (***) 6.2 6.3 6.4 6.5 6.6 6.7 6.8 Exact details of the exterior door/storefront, building parapet, and cornices shall be provided on the construction plans. All ground- and wall-mounted mechanical and electrical fixtures and equipment shall be adequately and decoratively screened. All roof- mounted equipment shall be 6" below parapet height. The screen shall be integrated with the architectural design of the building. All telephone and electrical boxes shall be indicated on the building plans and shall be completely screened. Electrical transformers shall be located toward the interior of the project, maintaining sufficient distance to minimize visual impacts from the public right-of-way. All exposed metal flashing or trim shall be painted to match the building. 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. A master sign plan for the site shall be submitted prior to issuance of any sign permit; sign permits shall not be issued until completion of the project and a tenant obtaining zoning clearance and a business license. All building and pole-mounted lighting shall be designed to provide a minimum one (1) foot candle illumination in accordance with the City's Security Code. The applicant shall provide details of all proposed lighting fixtures and a photometric study showing the location and the anticipated distribution pattern of light of all proposed fixtures. All new light fixtures shall be designed with the architecture of the building and designed and arranged as not to direct light or glare onto adjacent properties, including the adjacent streets. Construction drawings submitted for plan check shall incorporate construction assemblies to accommodate the noise standards as required by acoustical analysis. LANDSCAPING (1 ) (1 ) 7.1 Complete landscape and irrigation plans that comply with the City of Tustin Landscape and Irrigation Guidelines shall be submitted at plan check. 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. 7.2 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 Exhibit A of Resolution No. 3913 DR 03-012 Page 11 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. USE RESTRICTIONS (***) 8.1 (***) 8.2 (1) 8.3 (***) (***) A minimum of ten (10) residential units shall be owner/proprietor-occupied on all floors and shall be designated as "Restricted Units" on the approved plans. Four (4) of these units shall be located in Sub-Area I (facing Prospect Avenue) and six (6) of these units shall be located in Sub-Area B-1! (facing the public alley). Owners of restricted units may obtain Redevelopment Agency and City approval to lease the retail or office portion of the live-work unit, provided the owner secures additional parking within 300 feet of the unit as required by Section 9252 of the Tustin City Code, at the ratios identified in Condition 8.2 herein, and records an instrument or agreement approved by the Agency and the City. Pursuant to the Shared Parking Evaluation prepared for the project (Appendix F of the Prospect Village Final Environmental Impact Report), a total of three (3) parking spaces shall be provided within Planning Area A, adjacent to the Main Street Commercial Building. In addition, a total of fifty-nine (59) spaces shall be provided subject to an Off-Site Parking Agreement between the developer and the City of Tustin, as required by Condition 5.1 (h) herein and provided for by Tustin City Code Section 9271 aa and 9252j3, to accommodate commercial uses in the commercial building and ground floor of the live/work units. If the approved land use mix is modified, any additional parking that is needed shall be provided in accordance with the following ratios: . One (1) parking space per 200 square feet of retail use; One (1) parking space per 300 square feet of office use; and, One (1) parking space per three (3) seats for restaurant use (including outdoor dining). . . Other uses shall provide parking at rates required by the Tustin City Code or as determined by an approved conditional use permit. A minimum of two (2) enclosed garage spaces shall be maintained for each dwelling unit and permanently used for the purpose of parking vehicles. In addition, a minimum of three (3) open and unassigned guest parking spaces, at a ratio of one (1) parking space for every four (4) units, shall be provided within the development. 8.4 Parking shall be prohibited in the 20-foot wide alley. 8.5 If in the future the City determines that a parking, circulation, or noise problem exists, the applicant shall be required to submit a new traffic/parking - "- --'-"-" Exhibit A of Resolution No. 3913 DR 03-012 Page 12 (1 ) 8.6 (1 ) 8.7 (1 ) 8.8 (1 ) 8.9 study and implement immediate interim and permanent mitigation measures upon review and approval by the Community Development Department and the Public Works Department. The installation of any exterior, freestanding vending machines, such as, but not limited to, beverage or soda machines, candy, magazine racks, and any other retail product is prohibited. All outdoor furniture including, seats, tables, and trash receptacles shall be approved in writing by the Community Development Department prior to installation. No resin or plastic furniture shall be permitted. Any change to the approved design, material, or color of the outdoor furniture requires written approval of the Community Development Department. Outdoor seats, tables, trash receptacles, potted plants, or display of merchandise shall not obstruct pedestrian and accessible access to the building. No outdoor storage shall be permitted except as approved by the Director of Community Development. 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. PUBLIC WORKS DEPARTMENT (1 ) 9.1 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 for Main Street, Prospect Avenue, Third Street, and the alley adjacent to the project site. Construction and/or replacement of any missing or damaged public improvements will be required adjacent to this development. Said plan shall include, but not be limited to, the following: a. b. c. d. e. f. Curb and gutter; Sidewalk, including curb ramps for the physically disabled; Drive aprons; Signing/striping plan Street lighting; Catch basin/storm drain laterals/connection to existing storm drain system; Street lighting Domestic water facilities; Sanitary sewer facilities; Landscape/irrigation; Underground utility connection; and, Street paving. g. h. L J. k. I. Exhibit A of Resolution No. 3913 DR 03-012 Page 13 (1 ) (1 ) (***) (1 ) (***) 9.2 9.3 9.4 9.5 9.6 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. Prior to issuance of a grading permit, preparation of plans for and construction of the following shall be required: a. All sanitary sewer facilities shall be submitted as required by the City Engineer and local sewering agency. b. 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 reclaimed water system shall meet the standards as required by the City of Tustin Water Services Department. Release/approval from the East Orange County Water District shall be obtained prior to receiving water service. Prior to issuance of a 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. Final street elevations at key locations. Final pad/finished floor elevations and key elevations for all site grading. All pad elevations to be a minimum of 1.0 foot above base flood elevation as defined by FEMA. All flood hazards of record. c. Prior to issuance of a precise grading permit, a complete hydrology study and hydraulic calculations shall be submitted for review and approval by the City. Existing sewer, domestic water, reclaimed water, and storm drain service laterals shall be utilized whenever possible. The developer will be required to execute a drainage agreement with the City to accept drainage from the public right-of-way which will flow onto the private streets and into the private storm drain system. This drainage agreement must be recorded prior to, or concurrently with, the recordation of the final map. Exhibit A of Resolution No. 3913 DR 03-012 Page 14 (***) (***) (***) (1 ) (***) 9.7 9.8 9.9 Construction of catch basins, storm drain laterals, and junction structures shall be provided to eliminate the need for cross gutter on public streets. The applicant shall provide for the undergrounding of all existing and proposed utility distribution facilities within the public rights-of-way adjacent to the project as well as within the project, unless exempt per the Development Code. The applicant shall be responsible for all associated design and construction costs and coordination with each public utility. 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 percent and the maximum ramp slope of the drive apron shall be ten percent. 9.10 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. 9.11 Stacking distance requirements in conjunction with the operation of any security gates will need to be analyzed and submitted to the City for review and approval. Stacking distance requirements will need to comply with County of Orange Public Facilities and Resources Department Standard No. 1107. Any additional stacking distance analysis shall be prepared by a California Registered Traffic and/or Civil Engineer experienced in this type of analysis. (***) 9.12 This development shall be phased so that all construction access will be taken through Third Street unless otherwise approved by the Public Works Department. No temporary access locations will be permitted. (1 ) (1 ) (1 ) (1 ) 9.13 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. 9.14 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. 9.15 Authorization of property owners shall be provided for any work located on adjacent properties. 9.16 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 Exhibit A of Resolution No. 3913 DR 03-012 Page 15 14 or 2000 having the extension DWG. Likewise, layering and linetype conventions are AutoCad-based (latest version available upon request from the Engineering Division). 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. (1 ) 9.17 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 Ana. 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, the 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 of Resolution No. 3913 DR 03-012 Page 16 (***) 9.18 Landscape maintenance of all on-site project landscaping shall be the responsibility of the developer unless transferred to the individual lot owners or a special homeowners association. WATER SERVICE (1 ) (1 ) (1 ) (1 ) (1 ) (1 ) 10.1 Backflow devices shall be installed in accordance with applicable codes within an easement of suitable size to allow for unobstructed access, inspection, testing, and maintenance. 10.2 The developer shall be responsible for all costs related to the installation of new fire hydrants. The location of new fire hydrants shall be approved by the City of Tustin and the Orange County Fire Authority. 10.3 Hydraulic analysis of the proposed water system and ability to meet OCFA fire flow demands shall be performed and certified by the developer. 10.4 The developer shall be responsible for all costs relating to the installation of new domestic and fire-related water services. 10.5 The developer shall be responsible for all water connection fees. 10.6 The developer shall submit a water permit application to the East Orange County Water District and is responsible for all applicable fees. ORANGE COUNTY FIRE AUTHORITY (5) (5) (5) FEES (1 ) 11.1 Prior to issuance of a building permit, 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 or visit the OCFA website for a copy of the guidelines. 11.2 Prior to issuance of a building permit, the applicant shall submit a fire hydrant location plan to the Fire Chief for review and approval. 11.3 Prior to the issuance of a building permit, the applicant shall provide evidence of adequate water flow. The Orange County Fire Authority Water Availability for Fire Protection form shall be signed by City of Tustin Water Department and submitted to the Fire Chief for approval. 12.1 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 Division plan check and permit fees to the Community Development Department based on the most current schedule. Exhibit A of Resolution No. 3913 DR 03-012 Page 17 b. Orange County Fire Authority plan check and inspection fees to the Community Development Department based upon the most current schedule. c. Orange County Sanitation District No.7 Sewer Connection Fees to the Tustin Public Works Department at the time a building permit is issued. d. East Orange County Water District fee, as established by the District for single family residential. Proof of payment shall be provided to the Tustin Public Works Department (VVater Division) prior to domestic water connection. e. Payment of the Major Thoroughfare and Bridge Fees to the Public Works Department at the time a building permit is issued. f. Transportation System Improvement Program (TSIP) Benefit Area "A" fees in the amount of $5.53 per square foot 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 District and the applicant. g. h. New development fees in the amount of $0.10 per square foot of gross floor area paid to the Community Development Department. I. 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.