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HomeMy WebLinkAboutPC RES 3935 RESOLUTION NO. 3935 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 04-011 AND DESIGN REVIEW 04-009 TO ALLOW A 2,490 SQUARE FOOT MODULAR BUILDING TO BE USED FOR TWO (2) YEARS AS A CLASSROOM BUILDING AND TO CONSTRUCT A 5,950 SQUARE FOOT, FREE-STANDING, ONE (1) STORY OFFICE AND MEETING ROOM BUILDING FOR THE CHURCH LOCATED AT 1301 SYCAMORE AVENUE ALSO KNOWN AS THE NORTHWESTERLY HALF OF LOT FIFTY IN BLOCK ELEVEN OF IRVINE'S SUBDIVISION IN THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA. The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application for Conditional Use Permit 04-011 and Design Review 04-009 was filed by St. Cecilia Church requesting approval to temporarily use a 2,490 square foot modular building for two (2) years as a classroom building and to construct a 5,950 square foot, free-standing, one (1) story office and meeting room building for the Church. B. The proposed project is consistent with the policies of the General Plan "Public/Institutional" designation which allows schools and churches. In addition, the project has been reviewed for consistency with the Air Quality Sub-element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub-element. The project complies with the Public and Institutional (P&I) zoning district regulations because schools and churches are conditionally permitted, as is requested. The development standards would be established in the conditional use permit. C. That a public hearing was duly called, noticed, and held for said application on October 25, 2004, by the Planning Commission and the meeting was continued to December 13, 2004, and subsequently to January 10, 2005; D. That operation of additional Church offices and meeting rooms and the temporary operation of a modular classroom for two (2) years, as conditioned, will not 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 injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin, as evidenced by the following findings: a) The proposal is consistent with the Public and Institutional Zoning District standards in that religious assembly, schools, and school administrative offices require a conditional use permit and the Resolution 3935 Page 2 development standards are determined through the conditional use permit and design review process by the plans approved by the Planning Commission. The uses are appropriate under General Plan Land Use Element Public/Institutional designation in that the school and Church function as quasi-public uses. b) The project maintains all legal non-conforming rights (establishment of the Church and school without a CUP prior to annexation) and is consistent with prior conditions of approval for the parish hall under CUP 75-18. While additional square footage is being proposed, no new uses are being added to the site in that a school currently exists on the property and the use of the modular classroom will be temporary for two (2) years for the school. Church offices and meeting rooms currently exist in the parish hall, and the proposed Church offices and meeting rooms will continue to support the Church. c) As conditioned and described in section (h), the permanent building would be compatible with existing on-site and adjacent uses and meet design review criteria, the modular classroom building would be temporary for two (2) years, and all uses under the subject entitlements would occur inside their respective buildings. d) Sufficient parking would be available for the 5,950 square foot Church office and meeting room use since, pursuant to Condition 5.6, Church assembly in the worship or parish hall would not be operating at the same time as the school, Church offices, and Church meeting room. e) The two (2) year temporary use of the modular classroom would not increase parking/traffic demand because required parking spaces are currently provided on-site, and no increase in students or teachers is requested or approved under CUP 04-011 and DR 04- 009. f) As determined by the Public Works Engineering Division, the net increase in traffic at the project site during the weekday a.m. or p.m. peak hours and/or Sunday peak hour is not anticipated to generate significant traffic impacts, and there is sufficient roadway capacity to accommodate the proposed project. g) Increased pedestrian activity to the site as a result of the project will be accommodated in that the applicant and/or property owner would be required to provide sidewalk and drive aprons along Sycamore Avenue in front of the project property that are Resolution 3935 Page 3 constructed to meet current Federal Americans with Disabilities Act (ADA) requirements. " h) The location, size, architectural features, and general appearance of the proposal will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole, as follows: 1. Height, bulk, and area of buildings: The eighteen (18) foot height of the new building is twelve (12) feet less than the thirty (30) foot maximum height allowed for a single family dwelling on an adjacent property and the modular classroom would remain at under twelve (12) feet. The Church and parish hall are approximately ten (10) feet taller than the new building but the new building will provide an appropriate transition by reducing height between the existing on-site buildings and the adjacent single family dwellings to the north. The shade and shadow that would be projected onto adjacent properties would occur primarily during the morning hours of winter months into the rear yards of two adjacent single family dwellings, one of which is currently owned by the Church (rectory). The size of the buildings is less than existing on-site buildings and the overall floor area ratio is twenty-three (23) percent which is within the range allowed by the General Plan. Setbacks and site planning: Setbacks are adequate for the project in that the new office/meeting room building is setback in excess of fifty (50) feet from Sycamore Avenue, is setback ten (10) feet six (6) inches from the side property line, maintains approximately the same setback as the single story portion of the existing parish hall, and no windows are located above eight (8) feet on the north elevation which faces adjacent residences. The single story height of the building setback to the side property line results in minimal shade and shadow effects during the morning hours in winter months on primarily one residence adjacent the Church rectory. The modular classroom is buffered from view from Sycamore Avenue since it is behind the existing Church and the south elevation is screened by a dense cluster of regularly spaced trees. Exterior materials and colors: The project colors and materials would be consistent with existing on-site development as described in Item No.7. Type and pitch of roofs: Both buildings exhibit flat roofs, which will architecturally integrate with on-site buildings. Size and spacing of windows, doors, and other openings: The windows and doors of the proposed and existing / 2. 3. 4. 5. Resolution 3935 Page 4 6. buildings are appropriate for the style of architecture proposed and would be constructed in compliance with City building code standards. Physical relationship of proposed structures to existing structures in the neighborhood: The structures are located on the property to address the need for privacy and minimal shade impacts on adjacent properties as described in Item Nos. 1 and 2. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares: Design of the new building includes orange brick, cream-colored rough plaster, bronze tint windows, and brown anodized window frames, all of which are consistent with the building materials existing on the Church and parish hall. The modular classroom building exhibits cream-color synthetic siding with a faux rough trowel finish. The building color matches the stucco on the proposed building, accents on the parish hall, and the existing school classroom buildings. The modular building's bronze tint windows, brown framing, and brown doors are also consistent with trim colors on the existing buildings. Development guidelines and criteria as adopted by the City Council: Pursuant to the zoning district standards, the project approval would establish the setbacks and height limitations for the buildings on the subject property. 7. 8. G. The project is categorically exempt pursuant to Section 15303 (Class 3) of the California Environmental Quality Act. The Planning Commission hereby approves Conditional Use Permit 04-011 and Design Review 04-009, to temporarily use a 2,490 square foot modular building for two (2) years as a permanent classroom building and to construct a 5,950 square foot, free-standing, one-story office and meeting room building at 1301 Sycamore Avenue also known as the northwesterly half of Lot Fifty in Block Eleven of Irvine's Subdivision, in the City of Tustin, County of Orange, State of California, subject to conditions contained in Exhibit A attached hereto. II. PASSED AND ADOPTED at a regular meeting of the T"U,., S~in P.la,nni g Commission, held on the 10th day of January, 2005. ~. å~ JOH 'NIELSE~' - - ~ - n ~ Chair\i'erson ELIZABETH A. BINSACK Planning Commission Secretary Resolution 3935 Page 5 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. 3935 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 10th day of January, 2005. a~.d~ ~---L ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 04-011 AND DESIGN REVIEW 04-009 JANUARY 10, 2005 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 January 10, 2005, 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. The conditions contained within Resolution No. 3935 must be complied with prior to building permit issuance unless otherwise stated in a specific condition. 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 04-009 and Conditional Use Permit 04-011 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 CODEIS (4) DESIGN REVIEW (5) (6) (7) *** RESPONSIBLE AGENCY REQUIREMENT LANDSCAPING GUIDELINES PC/CC POLICY EXCEPTION Exhibit A - Resolution 3935 DR 04-009 and CUP 04-011 Page 2 (1 ) (1 ) (***) (***) 1.6 1.7 1.8 1.9 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. 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. The property owner shall submit written authorization to allow the Building Official and representatives of the Orange County Fire Authority to perform annual inspections of the modular building. The applicant shall pay costs associated with said inspections. The 2,490 square foot modular building is temporarily allowed for a period of no more than two (2) years until January 10, 2007, and shall be removed by the expiration date. Upon removal, the area shall be landscaped, unless an alternative treatment is approved in writing by the Director of Community Development. PLAN SUBMITTAL (5) 2.1 At the time of building permit application, the plans shall comply with the 2001 California Building Code (CBC), 2001 California Mechanical Code (CMC), 2001 California Plumbing Codes (CPC), 2001 California Electrical Code (CEC), California Title 24 Accessibility Regulations, Title 24 Energy Regulations, City Ordinances, and State and Federal laws and regulations. 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. . Elevations that include all proposed dimensions, materials, colors, finishes, and partial outlines of adjacent buildings on-site and off- site where applicable. . The location of any utility vents or other rooftop equipment shall be provided on the roof plan and must be shown to be located a Exhibit A - Resolution 3935 DR 04-009 and CUP 04-011 Page 3 (5) 2.2 minimum of six inches below the roof parapet wall, or as otherwise approved by the Director of Community Development. . Details of all proposed lighting fixtures and a photometric study showing the location and anticipated pattern of light distribution of all proposed fixtures. All new light fixtures shall be consistent with the architecture of the building. All exterior lighting shall be designed and arranged as not to direct light or glare onto adjacent properties, including the adjacent streets. Wall-mounted fixtures shall be directed at a 90-degree angle directly toward the ground. All lighting shall be developed to provide a minimum of one (1) foot-candle of light coverage, in accordance with the City's Security Ordinance. No lights may be installed on the exterior of the north elevation of the 5,950 square foot building. . 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." . Note on plans that no field changes shall be made without prior approval from the Building Official and architect or engineer of record. . Plans shall show that all ground- and wall-mounted mechanical and electrical fixtures and equipment will be adequately and decoratively screened. The screen is considered as an element of the overall design of the project and must be shown on the plans to blend with the architectural design of the building. All telephone and electrical boxes need to be indicated on the building plans and must be completely screened. Electrical transformers need to be shown on the plans as located toward the interior of the project, maintaining sufficient distance to minimize visual impacts from the public right-of-way. Any alteration, modification, or addition to a manufactured structure requires a permit from the Division the State Architect (DSA). At the time plans are submitted for plan check for the 5,950 square foot building, the modular building must be shown to be accessible to persons with disabilities as per State of California Accessibility Standards (Title 24) and shown to have sufficient footings and tie-downs. This approval is subject to and conditioned upon the applicant obtaining written approval from the DSA within thirty (30) days of the date of approval for the use of the existing modular unit as a permanent classroom. Exhibit A - Resolution 3935 DR 04-009 and CUP 04-011 Page 4 (5) (5) (5) (5) (5) (5) (5) (5) (5) (5) 2.3 2.4 2.5 2.6 2.7 2.8 2.9 The plans submitted at plan check 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. The plans submitted at plan check shall indicate that openings in exterior walls are not less than five (5) feet from property lines, 2001 California Building Code (Table 5A). The plans submitted at plan check shall indicate that exterior walls are one hour fire resistive of construction where exterior walls are less than twenty (20) feet from property lines, 2001 California Building Code (Table 5-A). All openings need to be protected when walls are less than ten (10) feet from property lines. The plans submitted at plan check shall indicate that each corridor has walls and ceilings of not less than one-hour construction. The plans submitted at plan check shall indicate that corridors serving an occupant load of 30 or more are one hour fire resistive and all openings into the corridor are protected as specified in section 1004.3.4 and 1004.3.4.3 of the 2001 CBC. The plans submitted at plan check shall indicate an area analysis for all buildings and show compliance with allowable floor areas based on 2001 California Building Code Chapter 5, Table 5-B. The plans submitted at plan check shall indicate that a level floor or landing is provided at all 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. 2.10 Prior to building permit issuance, clearance from the Orange County Fire Authority is required. 2.11 The plans submitted at plan check shall indicate that vehicle parking, primary entrance to the building, the primary paths of travel, sanitary facilities, drinking fountain, and public telephones shall be accessible to persons with disabilities. 2.12 The plans submitted at plan check shall indicate that parking for disabled persons is provided with an additional five (5) foot loading area with striping and ramp and that disabled persons are able to park and access the building without passing behind another car. At least one (1) accessible Exhibit A - Resolution 3935 DR 04-009 and CUP 04-011 Page 5 space shall be van accessible served by a minimum 96-inch wide loading area. (5) 2.13 Prior to grading permit issuance, the applicant shall provide four (4) sets of final grading plans consistent with the site and landscaping plans as prepared by a registered civil engineer. The plans shall include the following: . Technical details and plans for all utility installations including telephone, gas, water, and electricity. . Three (3) copies of precise soil report provided by a civil engineer and less than one (1) year old. Expanded information regarding the levels of hydrocarbons and ground water contamination found on- site shall be provided in the soil report. All pavement "Rn 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. (5) 2.14 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. (5) 2.15 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. (5) 2.16 Prior to the issuance of a building permit, the applicant shall provide 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 and/or Irvine Ranch Water District. (5) 2.17 Prior to issuance of grading 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 Exhibit A - Resolution 3935 DR 04-009 and CUP 04-011 Page 6 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. (5) 2.18 Prior to issuance of grading 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. (5) 2.19 The Community Development and Public Works Department shall determine whether any change in use requires an amendment to an approved Water Quality Management Plan. (5) 2.20 Prior to grading or building permit issuance a note shall be provided on final grading and building plans stating that 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. (5) Prior to issuance of a certificate of occupancy, 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 (5) 2.22 No outdoor storage shall be permitted except as approved by the Tustin Community Development Director. (5) 2.23 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. ARCHITECTURE (4) All exterior treatments for the 5,950 square foot building shall be consistent with the approved color/material samples and noted on all construction plans and elevations, 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 the materials on existing buildings and shall include the following: 3.1 Exhibit A - Resolution 3935 DR 04-009 and CUP 04-011 Page 7 (4) (4) 3.2 3.3 Location exterior wall exterior wall exterior windows Material Norman brick rouah plaster alass with anodized framina Color liaht oranae cream bronze framina and alass tint A high quality of features, materials, and colors shall be used throughout the site and maintained on an ongoing basis. Any changes to colors or materials during construction or operation shall be approved in writing by the Community Development Department prior to installation. Sandblasted windows on the elevation facing single family residences shall continue to be provided and shall not be replaced with transparent windows without approval of the Planning Commission. 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, unless otherwise approved by the Director of Community Development. LANDSCAPING (1 ) (1 ) USE (1 ) (1 ) 4.1 4.2 5.1 5.2 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. 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. Use of the modular building shall be limited to classroom instruction. Previously approved and active entitlements, including Planning Commission Resolution No. 1462, shall remain in effect and apply in conjunction with Resolution No. 3935. Exhibit A - Resolution 3935 DR 04-009 and CUP 04-011 Page 8 (1 ) 5.3 (1 ) 5.4 (1 ) 5.5 (*) 5.6 The property owner 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 that the property owner prepare an analysis and bear all associated costs. If the study indicates that there is a parking, traffic, or noise impact, the applicant/property owner shall provide interim and permanent mitigation measures to alleviate the problem. All activities approved under CUP 04-011 shall be conducted entirely within the subject buildings. The uses indicated in Groups One (1) and Two (2) of the parking summary may not occur simultaneously without prior approval in writing from the Community Development Director. At plan check and prior to building permit issuance, the applicant shall add the parking summary to the site plan. Existin Church Existing Parish Hall With Offices 1/3 seats for 659 seats 219.67 Pursuant to previous entitlements, the parish hall is and has always been considered an accessory use to the Church. No additional parking spaces are required, but the parish hall may not operate at the same time as the uses in Grou 2. Pursuant to previous entitlements, the existing Church offices are and have always been considered an accessory use to the Church. No additional parking spaces are required, but the existing Church offices may not operate at the same time as the uses in Group 2. Total Re uired 219.67 Total Provided 221 Existing Church Offices Surplus 1.33 Exhibit A - Resolution 3935 DR 04-009 and CUP 04-011 Page 9 Parking 1/250 square feet based square feet. 1/3 persons based on occupancy maximum of 107 1/250 square feet based on 1,924 square feet 53.06 1/1 instructor and 1/8 students based on 18 instructors and 330 students 112.31 221 108.69 9.69 Proposed Meeting Room Proposed Office Support 35.67 7.70 Subtotal Existing School 59.25 Total Re uired Total Provided Sur Ius If Group 1 and 2 uses are proposed to occur at the same time, a parking study and, if determined necessary by the City, a traffic study, shall be submitted to demonstrate that adequate on-site parking and off-site traffic capacity is available to accommodate the proposed uses. The study shall be prepared by a professional experienced in parking and/or traffic studies and submitted for review and approval by the Community Development Department and Public Works Department. (5) 5.7 The Church building shall be limited to a total of 659 seats and must maintain 221 on-site parking spaces. (5) 5.8 The property owner shall maintain the modular classroom building in good exterior physical condition as determined by City code enforcement staff. (5) 5.9 5.10 The Church school is limited to 330 students and 18 instructors. (5) ENGINEERING The applicant shall replace the existing curb cut at the north of the property with sidewalk and curb to City standards. Prior to final inspection, the applicant shall remove and replace any missing or damaged public improvements (i.e. driveways, curb and gutter, sidewalk, etc.) along Sycamore Street adjacent to the project. (5) 6.1 Existing sewer and domestic water shall be utilized whenever possible. (5) (5) 6.2 Any damage done to existing street improvements and utilities shall be repaired prior to final inspection. 6.3 Prior to any work in the public right-of-way, an Encroachment Permit shall be obtained and applicable fees paid to the Public Works Department. (5) 6.4 Exhibit A - Resolution 3935 DR 04-009 and CUP 04-011 Page 10 (5) (5) (5) (5) (5) FIRE (5) (5) 6.5 6.6 6.7 6.8 6.9 7.1 7.2 On the plans provided at plàn check, current Federal Americans with Disabilities Act (ADA) requirements shall be shown at the drive aprons and pedestrian walkways. 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. Project Recycling Requirement - The City of Tustin is required to comply with the recycling requirements contained in the California Integrated Waste Management Act of 1989. To facilitate City compliance with this law, the Project Applicant is required to comply with Section 4327 of the Tustin City Code, which details the requirements for developing and implementing a Waste Management Plan. The plan specifically requires the following: . The Applicant, Property Owner and/or tenant(s) need to participate in the City's recycling program. . Prior to issuance of a building permit, the applicant shall provide a solid waste recycling plan identifying planned source separation and recycling programs to the City of Tustin Public Works Department. At the time plans are submitted for plan check, the applicant shall submit a water permit application to the East Orange County Water District and is responsible for all applicable water connection fees. Release/approval from the East Orange County Water District shall be obtained prior to receiving water service. The developer shall be responsible for all costs related to the installation of new potable and fire-related water services. Pursuant to the "Orange County Fire Authority Plan Submittal Criteria Form," prior to the issuance of a building permit, the applicant shall submit architectural plans for review and approval by the Fire Chief. During the plan review process, the Fire Chief will determine if any addition to and/or modification of an automatic fire sprinkler system is required. The Community Development Director may approve modifications to the approved site plan, building elevations, and floor plans to ensure compliance with Orange County Fire Authority regulations. Plans submitted through the City for Orange County Fire Authority review Exhibit A - Resolution 3935 DR 04-009 and CUP 04-011 Page 11 FEES (1 ) 8.1 must be delineated with lines demonstrating compliance with 150 foot fire hose pull requirements. 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 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) New development fees in the amount of $.10 per square foot of floor area to the Community Development Department. d) School facilities fees of $.36 per square foot of new or added gross square floor area of construction or improvements to the Tustin Unified School District. e) Payment of the Major Thoroughfare and Bridge Fees to the Tustin Public Works Department is required at the time a building permit is issued. The current fee is $3.44 per square foot of the new building. If the applicant provides proof of exemption from property tax, the project is exempt from payment of the major Thoroughfare and Bridge Fees. f) Payment of the Orange County Sanitation District No.7 Sewer Connection Fees shall be required at the time a building permit is issued. The current fee is $1,600.00 per 1,000 square foot of the building area. A credit amount up to the prior category of use may be obtained when applicant provides proof of previous sewer connection receipts. g) Water connection fees to the City of Tustin Water Division at the time a building permit is issued. h) Transportation System Improvement Program (TSIP) Benefit Area "B" fees in the amount of $3.31 per square feet of new or added gross square floor area of construction or improvements to the Community Development Department. Exhibit A - Resolution 3935 DR 04-009 and CUP 04-011 Page 12 i) 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 review cost that exceeded the deposit prior to issuance of grading permits. Any unused portion of the deposit shall be refunded to the applicant. j) Prior to the issuance of a building permit, 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 (1 ) 8.2 Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of forty- three dollars ($43.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period the applicant has not delivered to the Community Development Department the above-noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened.