Loading...
HomeMy WebLinkAboutPC RES 3939 RESOLUTION NO. 3939 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING DESIGN REVIEW 04-023, AND CONDITIONAL USE PERMIT 04-028 FOR CONSTRUCTION OF A 7,400 SQUARE FOOT RETAIL BUILDING WITH AN OUTDOOR SEATING AREA AT THE SOUTHWEST CORNER OF NEWPORT AVENUE AND EL CAMINO REAL (14001, 14011 NEWPORT AVENUE AND 770 EL CAMINO REAL AND APN NOS. 401-641-05, 401-641-07) The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That proper applications for Conditional Use Permit 04-028 and Design Review 04-023 were filed by Makena Great American requesting approval to construct a 7,400 square foot retail building with an outdoor seating area. B. The proposed project is consistent with the policies of the General Plan land use designation "Old Town Commercial" which provides for policies and guidelines for commercial development and complies with the Central Commercial and Parking Overlay (C-2,P) zoning district regulations and development standards for permitted and conditionally permitted 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. C. That a public hearing was duly called, noticed, and held for said application on November 22, 2004, by the Planning Commission; D. 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: 1. Height, bulk, and area of buildings. 2. Setbacks and site planning. 3. Exterior materials and colors. 4. Type and pitch of roofs. 5. Size and spacing of windows, doors, and other openings. 6. Towers, chimneys, roof structures, flagpoles, radio and television antennae. 7. Location, height, and standards of exterior illumination. 8. Landscaping, parking area design, and traffic circulation. 9. Location and appearance of equipment located outside an enclosed structure. Resolution 3939 Page 2 E. 10. Location and method of refuse storage. 11. Physical relationship of proposed structures to existing structures in the neighborhood. 12. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. 13. Proposed signage. 14. Development Guidelines and criteria as adopted by the City Council. -- That the establishment, maintenance, and operation of the proposed retail center and outdoor seating area will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use nor be a detriment to the property and improvements in the neighborhood of the subject property, nor to the general welfare of the City of Tustin as evidenced by the following findings. a. The proposed project is consistent with the types of uses encouraged by the General Plan Old Town Commercial Land Use Designation, which provides for retail and service oriented uses. In addition, the floor area ratio of the project is 0.25: 1 which is less than the standard density of 0.5:1 allowed in the Old Town Commercial Land Use Designation. b. The proposed project complies with the development standards of the Central Commercial Parking Overlay (C-2,P) zoning district. c. As conditioned, the project will enhance the area in that a vacant transmission shop and service station will be removed to accommodate the construction of a retail building that provides convenient services to the community, and the landscaping and architectural design of the building with use of brick veneer accent and stone cornice will be compatible with the envisioned Old Town developments. d. The proposed outdoor seating along EL Camino Real is appropriate and complements the additional pedestrian activity desired in the Old Town area. e. The City's Traffic Engineer concurs with the traffic analysis prepared by Kimley-Horn and Associates dated November 1, 2004, and revised November 8, 2004, that found the project, as compared to existing development, will not result in a significant increase in traffic in the area and surrounding major intersections. Resolution 3939 Page 3 f. The City's Traffic Engineer concurs with the traffic analysis dated November 1, 2004, and revised November 8, 2004, which found the site configuration provides for adequate on-site circulation for vehicles and delivery/service vehicles and is not anticipated to impact off-site traffic in the public right-of-way with a condition of approval that limits delivery trucks to the hours between 7:00 p.m. and 7:00 a.m. g. The City's Traffic Engineer concurs with the traffic analysis dated November 1, 2004, and revised November 8, 2004, which found the proposed driveways along EL Camino Real and Newport Avenue are designed with sufficient queuing and would not impede on-site or off- site traffic. h. Sufficient on-site parking would be provided in that thirty-seven (37) parking spaces are required and would be provided. I. Consistent with the Guidelines for Outdoor Seating, the outdoor seating is not in close proximity to residential uses. J. The proposed outdoor seating use will not have a negative effect upon the aesthetics of the area in that the proposed area will be screened with a 36-inch low wall and adequate landscaping including four (4) 24- inch box Tabebuia trees. k. The typical operational hours of 5:00 a.m. to 12:00 a.m. for the coffee house, and associated outdoor seating, are appropriate given the primarily commercial nature of the area and proximity to a freeway and major arterial roadway. m. As conditioned, no alcoholic beverages would be served at the establishment. n. As conditioned, no live entertainment or amplified noise is permitted. F. The project is categorically exempt pursuant to Section 15332 (Class 32) of the California Environmental Quality Act. II. The Planning Commission hereby approves Conditional Use Permit 04-028 and Design Review 04-023, for construction of a 7,400 square foot retail building located at the southwest corner of Newport Avenue and EI Camino Real (14001, 14011 Newport Avenue and 770 EL Camino Real) also known as assessor parcel nos. 401-641-05 and 401-641-07. Resolution 3939 Page 4 PASSED AND ADOPTED at a regular meeting of the Tu tin l?- on the 22nd day of November, 2004. mmission, held ~~~ ELIZABETH A. BINSACK Planning Commission Secretary J NIELSEN Chairperson STATE OF CALIFORNIA) COUNTY OF ORANGE) CITY OF TUSTIN ) I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Secretary of the Planning Commission of the City of Tustin, California; that Resolution No.3939 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 22nd day of November, 2004. 9~~{- ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A CONDITIONS OF APPROVAL DESIGN REVIEW 04-023, CONDITIONAL USE PERMIT 04-028 NOVEMBER 22, 2004 GENERAL (1 ) 1.1 (1 ) 1.2 (1 ) 1.3 (1 ) 1.4 (1 ) 1.5 The proposed use shall substantially conform with the submitted plans for the project date stamped November 22, 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. The Director of Community Development may also approve minor modifications to plans during plan check if such modifications are to be consistent with the provisions of the Tustin City Code and other applicable codes. 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, subject to review and approval by the Community Development Department. The subject project approval shall become null and void unless permits for the proposed project are issued and substantial construction is underway within twelve (12) months of the date of this Exhibit. Time extensions may be considered if a written request is received by the Community Development Department within thirty (30) days prior to expiration. Approval of Design Review 04-023 and Conditional Use Permit 04-028 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. The applicant shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision-making body, including staff, concerning this project. The City agrees to promptly notify the applicant of any such claim or action filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in defense of any such action under this condition. SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODEtS (4) DESIGN REVIEW (5) (6) (7) *** RESPONSIBLE AGENCY REQUIREMENT LANDSCAPING GUIDELINES PCtCC POLICY EXCEPTION Exhibit A - Resolution 3939 DR 04-023, CUP 04-028 Page 2 (1 ) 1.6 (1 ) 1.7 (1 ) 1.8 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 City Council ordinance. 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. Prior to the issuance of a precise grading or building permit, the applicant shall prepare and record a final subdivision map in accordance with the Tustin City Code. PLAN SUBMITTAL (1 ) 2.1 (3) 2.2 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 Codes (CPC), 2001 California Electrical Code (CEC), California Title 24 Accessibility Regulations, Title 24 Energy Regulations, City Ordinances, and State and Federal laws and regulations. Building plan check submittal shall include the following: . Seven (7) sets of construction plans, including drawings for mechanical, plumbing, and electrical. Structural calculations, two (2) copies. Title 24 energy calculations, two (2) copies. . . . Roofing material shall be fire rated class "B" or better. The location of any utility vents or other equipment shall be provided on the roof plan. . . Details of all proposed lighting fixtures and a photometric study showing the location and anticipated pattern of light distribution of all proposed fixtures. All new light fixtures shall be consistent with the architecture of the building. All exterior lighting shall be designed and arranged as not to direct light or glare onto adjacent properties, including the adjacent streets. Wall-mounted fixtures shall be directed at a gO-degree angle directly toward the ground or toward the building to illuminate signs. 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. Exhibit A - Resolution 3939 DR 04-023, CUP 04-028 Page 3 (1 ) 2.3 (1 ) 2.4 (4) 2.5 (1 ) 2.6 (1 ) 2.7 . A note shall be provided on the plans that "All parking areas shall be illuminated with a minimum of one (1) foot-candle of light, and lighting shall not produce light, glare, or have a negative impact on adjacent properties." Cross-section details showing the installation of the proposed rooftop equipment. Rooftop equipment shall be installed and maintained so as not to be visible from the public right-of-way and a minimum of six (6) inches below the parapet. An elevation showing rooftop equipment installation related to the height of the parapet and proposed equipment must be identified at plan check submittal and any design of required screening will be 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. 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. Prior to permit issuance, clearances from the Orange County Health Care Agency, and Orange County Fire Authority are required. A minimum of two (2) parking for disabled persons shall be provided, one of which shall be van accessible stall with an eight (8) foot wide loading area. Disabled persons shall be able to park and access the building without passing behind another car except his/her own vehicle. 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. The plans shall identify an area analysis for the building and show compliance with allowable floor areas based on 2001 California Building Code Chapter 5, Table 5-8. 2.8 Four (4) sets of final grading plans consistent with the site and landscaping plans as prepared by a registered civil engineer shall be submitted and shall include the following: . Technical details and plans for all utility installations including telephone, gas, water, and electricity. Exhibit A - Resolution 3939 DR 04-023, CUP 04-028 Page 4 (1 ) (1 ) (1 ) (1 ) (1 ) (1 ) . Three (3) copies of precise soil report provided by a civil engineer and less than one (1) year old. Expanded information regarding the levels of hydrocarbons and ground water contamination found on- site shall be provided in the soil report. All pavement "R" values shall be in accordance with applicable City of Tustin standards. All site drainage shall be handled on-site and shall not be permitted to drain onto adjacent properties. . . Drainage, vegetation, circulation, street sections, curbs, gutters, sidewalks, and storm drains shall comply with the on-site Private Improvement Standards. Two (2) copies of Hydrology Report. . 2.9 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. 2.10 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. 2.11 A surety/cash bond shall be submitted 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. 2.12 Information to ensure compliance with requirements of the Orange County Fire Authority, including fire flow and installation of fire hydrants subject to approval of the City of Tustin Public Works Department, shall be provided prior to issuance of anyon-site utility permit. 2.13 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. 2.14 Prior to submittal of a Water Quality Management Plan (WQMP), the applicant shall submit a deposit of $2700.00 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 (1 ) (1 ) (1 ) (1 ) (1 ) «1 ) Exhibit A - Resolution 3939 DR 04-023, CUP 04-028 Page 5 review cost that exceeded the deposit prior to issuance of grading permits. Any unused portion of the deposit shall be refunded to the applicant. (1 ) 2.15 Prior to issuance of building permits, the property owner shall record CC&Rs or another legal instrument approved by the City Attorney that shall require the property owner, successors, tenants (if applicable), and assigns to operate and maintain in perpetuity the post-construction BMPs described in the WQMP for the project. (1 ) 2.16 The Community Development and Public Works Departments shall determine whether any change in use requires an amendment to an approved Water Quality Management Plan. 2.17 Prior to the issuance of any permits, the property owner and applicant shall provide written consent and authorization to enter the property for the purpose of conducting compliance assessments. An authorized inspector may inspect the property for the purpose of verifying compliance with Chapter 4 of the Tustin City Code (Water Quality Ordinance) and verifying compliance with the approved Water Quality Management Plan. 2.18 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. 2.19 A corrective action plan for soil remediation on the site that describes and justifies the proposed remediation shall be submitted to and approved by the Community Development Department and Orange County Health Care Agency. This report shall indicate: a) the locations of monitoring and extraction wells proposed at the site; b) which wells will be abandoned, if necessary; and c) where replacement wells will be located after site construction is complete. Replacement wells shall be specifically identified on the site plan and located not to obstruct site access, building locations, or required parking spaces. 2.20 Pursuant to the City of Tustin's Security Ordinance and the Uniform Fire Code, street numbers shall be displayed in a prominent location on the street side of the building. The numerals shall be no less than six (6) inches in height and shall be of contrasting color to the background to which they are attached and illuminated during hours of darkness. 2.21 No outdoor storage shall be permitted except as approved by the Tustin Community Development Director. 2.22 The applicant shall comply with all City policies regarding short-term construction emissions, including periodic watering of the site and Exhibit A - Resolution 3939 DR 04-023, CUP 04-028 Page 6 (1 ) (*) (*) prohibiting grading during second stage smog alerts and when wind velocities exceed 15 miles per hour. 2.23 Authorization from all easement holders shall be submitted to the Community Development Department, for construction within an easement area, prior to issuance of any permits. The cesspool shall be removed and the easement shall be abandoned prior to issuance of a grading permit. 2.24 Installation of any aboveground equipment for soil or ground water remediation would require approval of a conditional use permit by the zoning administrator. 2.25 Authorization of the City's trash hauler shall be obtained for the proposed location of the trash enclosure prior to issuance of a grading permit. 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. The colors and materials for the exterior of the building shall be consistent with the following: 0 Natural smooth trowel-finished stucco; 0 Nine (9) foot high brick accent; 0 Clear glass and black aluminum storefront; 0 Copper roofing and awnings; 0 Stone cornice; and, 0 Granite tile medallions. A high quality of features, materials, and colors shall be used throughout the site and maintained on an ongoing basis to create and maintain a handcrafted building appearance. Any changes to colors or materials during construction or operation shall be approved in writing by the Community Development Department prior to installation. All ground- and wall-mounted mechanical and electrical fixtures and equipment shall be adequately and decoratively screened. The screen shall be considered as an element of the overall design of the project and shall blend 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. Exhibit A - Resolution 3939 DR 04-023, CUP 04-028 Page 7 (4) (4) (4) 3.3 3.4 3.5 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 base of buildings. A protective graffiti resistant finish shall be applied on all elevations of the proposed structure, subject to review and approval by the Community Development Department. LANDSCAPING (1 ) (1 ) (1 ) (1 ) SIGNS (1 ) 4.1 4.2 4.3 4.4 5.1 Complete landscape and irrigation plans that comply with the City of Tustin Landscape and Irrigation Guidelines shall be submitted at plan check. The irrigation plan shall show the location and control of backflow prevention devices at the meter, pipe size, sprinkler type, spacing, and coverage details for all equipment. The site shall be landscaped consistent with the City's Landscaping and Irrigation Guidelines. A minimum of ten (10) forty-foot tall trunk Washingtonian palms, thirteen (13) 24-inch box queen palms, and four (4) 24-inch box Tabebuias, sixteen (16) 15-gallon plum trees, and eight (8) 15-gallon Carolina Laurel Cherry trees shall be installed unless otherwise approved by the Community Development Department. The sizes and quantities of the landscaping shall be continually maintained and replaced if unhealthy. All plant materials shall be installed in a healthy and vigorous condition, typical to the species, and shall be maintained in a neat and healthy condition. Maintenance includes, but is not limited to, trimming, mowing, weeding, removal of litter, fertilizing, regular watering, and replacement of dead or diseased dying plants. All trees and landscaping within the site and the perimeter of the site shall be maintained in a healthy and vigorous condition. Unhealthy or dead trees shall be replaced within seventy-two (72) hours upon notification by the City. The landscape materials shall not conflict with the visual clearance requirements of any existing or new driveway approaches. All wall-mounted signs and monument signs shall meet the requirements of the Tustin Sign Code as they pertain to commercial properties. A detailed sign plan including the sign area, materials, colors, specifications and Exhibit A - Resolution 3939 DR 04-023, CUP 04-028 Page 8 installation details shall be submitted for review and approval of the Community Development Department. USE RESTRICTIONS (1 ) 6.1 (1 ) 6.2 (1) 6.3 (1) 6.4 (1) 6.5 (1 ) 6.6 (1 ) 6.7 (1 )(3) 6.8 The owners/tenant shall be responsible for the daily maintenance and upkeep of the facility, including but not limited to, trash removal, painting, graffiti removal, and maintenance of improvements to ensure that the facilities are maintained in a neat and attractive manner. All graffiti shall be removed within 72 hours of a complaint being transmitted by the City to the property owner/tenant. Failure to maintain said structure and adjacent amenities will be grounds for City enforcement of its Property Maintenance Ordinance, including nuisance abatement. If in the future the City determines that parking, traffic, or noise problems exist on the site or in the vicinity, the Community Development Director may require the applicant/property owner to prepare an analysis and bear all associated costs. If the study indicates that there is a parking or traffic impact, the applicant/property owner shall be required to provide mitigation measures to be reviewed and approved by the Planning Commission. Outside storage or display of merchandise is prohibited, except as authorized by the Community Development Director. Exterior public pay telephones shall be prohibited, and interior public pay telephones shall be programmed to prevent incoming calls. A minimum of thirty-seven (37) parking stalls at a ratio of one (1) per 200 square feet shall be provided, unless otherwise approved in writing by the Community Development Director. A maximum of eighteen (18) seats and six (6) tables shall be provided in the designated outdoor seating area in accordance with the approved plans. All outdoor furniture including, seats, tables, and trash receptacles shall be of durable quality and attractive color and materials subject to approval of the Community Development Department. No resin or plastic furniture shall be permitted. Outdoor seats, tables, trash receptacles or potted plants shall not obstruct pedestrian and accessible access to the retail center. The on-site manager shall be responsible for ensuring that a forty-eight (48) inch path of travel remain clear and unobstructed at all times. (1) (1 ) (1 ) NOISE (1) (1 ) Exhibit A - Resolution 3939 DR 04-023, CUP 04-028 Page 9 (1 ) 6.9 The outdoor seating area shall contain trash receptacles and shall be cleaned on a continual and daily basis to ensure timely removal of litter and food items. (1 ) (1 ) 6.10 No signs or advertisements shall be placed within the outdoor seating area. 6.11 No coin-operated video, games, or vending items are permitted in the outdoor seating area. (1) 6.12 No amplified noise or live entertainment is permitted unless authorized in writing by the Community Development Department. (1) 6.13 A minimum of one (1) foot-candle lighting shall be provided in the outdoor seating area, consistent with the Tustin Security Code. 6.14 Sales of alcoholic beverages on the property, including the outdoor seating area, are not permitted unless all required approvals are obtained prior to selling alcoholic beverages on the property. 6.15 Prior to using the outdoor seating area and within five (5) days of the installation of approved improvements, the applicant shall request and pass a final inspection by the Community Development Department to ensure compliance with the approved plans and conditions of approval. 6.16 No loading or delivery vehicles shall park on the public right-of-way. Truck deliveries shall be restricted to non-peak hours and prohibited during the hours of 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m. to avoid potential conflicts. Any modification of these hours shall be approved in writing by the Community Development Director. 7.1 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. 7.2 Construction hours shall be clearly posted on the project site to the satisfaction of the Building Official. ENGINEERING (1 ) 8.1 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. Construction and/or replacement of any Exhibit A - Resolution 3939 DR 04-023, CUP 04-028 Page 10 (1 ) (1 ) (1 ) (1 ) (1 ) (1 ) 8.2 8.3 8.4 8.5 8.6 8.7 missing or damaged public improvements along Newport Avenue and EI Camino Real shall be required adjacent to this development. Said plan shall include, but not be limited to, the following: a) Curb and gutter b) Sidewalk, including curb ramps for the physically disabled c) Drive aprons d) Street lighting e) Catch basin/storm drain laterals/connection to existing storm drain f) Domestic water facilities g) Sanitary sewer facilities h) Underground utility connections In addition, a 24" by 36" 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. Preparation of a sedimentation and erosion control plan for all work related to this development shall be required. A complete hydrology study and hydraulic calculations shall be submitted for review and approval by the City. Hydraulic analysis of proposed water system and ability to meet OCFA fire flow demands and requirements shall be performed and certified by the developer. Preparation and submittal of a final grading plan showing all pertinent elevations as they pertain to the public right-of-way along with delineating the following information: a) 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) Any damage done to existing street improvements and utilities shall be repaired before issuance of a Certificate of Occupancy for the development. 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. Exhibit A - Resolution 3939 DR 04-023, CUP 04-028 Page 11 (1 ) (1 ) (1 ) (1 ) (1 ) (1 ) 8.8 Current Federal Americans with Disabilities Act (ADA) requirements shall be met at the drive aprons. The applicant shall ensure that adequate sight distances are provided at the project driveways. 8.9 8.10 In addition to the normal full size plan submittal process, all final development plans including, but not limited to: tract maps, parcel maps, right-of-way maps, records of survey, public works improvements, private infrastructure improvements, final grading plans, and site plans are also required to be submitted to the Public Works Department/Engineering Division in computer aided design and drafting (CADD) format. The standard file format is AutoCAD Release 14 or 2000 having the extension DWG. Likewise, layering and line type 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 (Le., produced using AutoCAD or AutoCAD compatible CADD software). The most current version of AutoCAD is Release 2000. Drawings created in AutoCAD Release 14 are compatible and acceptable. The CADD files shall be submitted to the City at the time the plans are approved and updated CADD files reflecting "as built" conditions shall be submitted once all construction has been completed. The subdivision bonds will not be released until the "as built" CADD files have been submitted. 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. 8.12 The City of Tustin is required to comply with State of California Integrated Waste Management Act of 1989. To facilitate City compliance with this law, the Project Applicant/Contractor is required to comply with Section 4327 of Tustin City Code which details the requirements for developing and implementing a Waste Management Plan. For commercial recycling, the applicant is required to participate in the City's recycling program. 8.11 8.13 Prior to issuance of a building permit, a solid waste recycling plan identifying planned source separation and recycling programs shall be submitted and approved by the City of Tustin public Works Department. (1 ) 8.14 Backflow prevention devices shall be installed in accordance with applicable standards and codes and shall be installed within an easement of suitable size to allow for unobstructed access, inspection, testing, and maintenance. Exhibit A - Resolution 3939 DR 04-023, CUP 04-028 Page 12 (1 ) (1 ) (1 ) (1 ) (1 ) (1 ) (1 ) FIRE (1 ) (1 ) 8.15 All existing water meters/services shall be abandoned by the Developer, except if able to be reused in conjunction with the development. The Developer shall be responsible for all costs related to the abandonment of all existing potable water and fire related service connections at the water main. 8.16 The Developer shall be responsible for all costs relating to the installation of new potable and fire related water services. The Developer shall be responsible for all water connection fees. 8.17 The Developer is responsible for all costs related to the relocation of existing fire hydrants and the installation of new fire hydrants. 8.18 The improvement plans shall be reviewed and approved by the Orange County Fire Authority for fire protection purposes. The adequacy and reliability of water system design and 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. 8.19 Release/approval from the East Orange County Water District shall be obtained prior to receiving water services. The developer shall submit a water permit application to the East Orange County Water District and is responsible for all applicable and water connection fees. 8.20 Location of fire hydrants to be approved by the City of Tustin and the Orange County Fire Authority. 8.21 The driveway at EI Camino Real shall be modified to include a median that would prevent incoming and discourage outgoing left-turn movements, subject to final design approval by the Community Development and Public Works Departments. The approved design shall not reduce the number of on-site parking spaces, but may require minor modifications to the proposed outdoor seating area. 9.1 Prior to the issuance of any grading or building permits, the applicant shall submit a fire hydrant location plan to the Fire Chief for review and approval. 9.2 Prior to the issuance of any certificate of use and occupancy, all fire hydrants shall have a blue reflective pavement marker indicating the hydrant location on the street as approved by the Fire Chief, and must be maintained in good condition by the property owner. Please contact the OCFA at (714) 573-6100 or visit the OCFA website for a copy of the "Guideline for Installation of Blue Dot Hydrant Markers." Exhibit A - Resolution 3939 DR 04-023, CUP 04-028 Page 13 (1 ) (1 ) (1 ) (1 ) FEES (1 ) 9.3 9.4 9.5 9.6 10.1 Prior to the recordation of a subdivision map or the issuance of any grading or building permits, the applicant shall provide evidence of adequate fire flow. The "Orange County Fire Authority Water Availability for Fire Protection" form shall be signed by the applicable water district and submitted to the Fire Chief for approval. If sufficient water to meet fire flow requirements is not available an automatic fire extinguishing system may be required in each structure affected. Prior to the issuance of a building permit, the applicant shall submit plans for the required automatic fire sprinkler system in any structure to the Fire Chief for review and approval. Please contact the OCFA at (714) 573- 6100 to request a copy of the "Orange County Fire Authority Notes for New NFPA 13 Commercial Sprinkler Systems." Prior to the issuance of a certificate of use and occupancy, this system shall be operational in a manner meeting the approval of the Fire Chief. Prior to the issuance of a building permit for combustible construction, the builder shall submit a letter on company letterhead stating that water for fire-fighting purposes and all-weather fire protection access roads shall be in place and operational before any combustible material is placed on site. Building permits will not be issued without OCFA approval obtained as a result of an on-site inspection. Please contact the OCFA at (714) 573- 6100 to obtain a copy of the standard combustible construction letter. 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. b) Orange County Fire Authority plan check and inspection fees to the Community Development Department based upon the most current schedule. c) 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. d) Payment of the Orange County Sanitation District No.7 Sewer Connection Fees at the time a building permit is issued. Exhibit A - Resolution 3939 DR 04-023, CUP 04-028 Page 14 e) 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. f) Transportation System Improvement Program (TSIP) Benefit Area "AI! 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. g) School facilities fee to the Tustin Unified School District subject to any agreement reached and executed between the District and the applicant. The current fee for commercial development is $0.36 per square foot. 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.