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HomeMy WebLinkAboutPC RES 3791l0 14 17 20 2! 24 27 RESOLUTION NO. 3791 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN APPROVING CONDITIONAL USE PERMIT 01-010 AND DESIGN REVIEW 01-007 TO CONSTRUCT A 2,158 SQUARE FOOT COIN- OPERATED CARWASH LOCATED AT 101 TUSTIN AVENUE. The Planning Commission does hereby resolve as follows: The Planning Commission finds and determines as follows' Al That a proper application, Conditional Use Permit 01-010 and Design Review 01-007, was filed by Martin Coda requesting authorization to construct a 2,158 square foot coin-operated carwash located at 101 Tustin Avenue. Bi That the property is located in the Central Commercial (C-2) Zoning District and a Conditional Use Permit is required for the proposed use in accordance with Section 9232(b)(k) and. design review is required in accordance with Section 9272(a) of the City Code, C. That the proposed use is a service-oriented commercial business which is consistent with the "Community Commercial" Land Use designation of the General Plan and has been determined to be consistent with the Air Quality Sub-element. Bi That a public hearing was duly called, noticed, and held for said application on July 9, 2001, and July 23, 2001, by the Planning Commission. Eo On July .9, 2001, staff recommended that the Planning Commission deny said application due to the over-concentration of automotive uses within the area; the potential for security and code enforcement problems due to the unsupervised, 24 hour operation; the proposed orientation of the building; the amount of hardscape; and the lot is a gateway into the City from the west. FJ After due consideration of the project and public testimony on July 9, 2001, the Planning Commission directed staff to draft a resolution with additional conditions of approval for their consideration at the July 23, 2001 Planning Commission meeting. O. As conditioned, the proposed use will not be detrimental to health, safety, morals, comfort, and general welfare of the persons residing in or working in the neighborhood in that: · The proposed project provides a support service to existing or future uses allowed by the Zoning Code. l0 14 15 1'7 18 20 2.2 24 25 28 Resolution No. 3791 CUP 01-010 & DR 01-007 Page 2 , , , 1 1 The proposed project is generally consistent with the Auto Service Design Guidelines. The carwash bays would be somewhat screened from public view, while still allowing visibility for security purposes. Mature specimen evergreen trees and a hedge row will be planted around the street-site perimeter to allow for optimal screening of the carwash bays, vehicles in the queuing area and parked. The 'scale, massing, and appropriate for the area. design of the proposed structure is The proposed site plan provides for sufficient vehicle ingress, egress, on-site maneuvering, and parking. There will be no on-site or off-site traffic impacts and no effect on the existing and planned level of service for adjacent arterials and intersections. Payment of Transportation System Improvement Program fees will be used to mitigate cumulative impacts on the · transportation system. As conditioned, screening material and/or landscaping will buffer .the view of the vacuums and the mechanical equipment and partially buffer the view of the four (4) carwash bays from the public right-of- way. As conditioned, the property ownedoperator would be able to store or dispose of abandoned or wrecked vehicles on site in accordance with California Vehicle Code Section 22658 (a)(1).so that the property does not appear to be a used-car lot or create a public nuisance. As conditioned, security lighting would be installed on site to allow visibility during hours of darkness for police patrol to reduce the potential for loitering. As conditioned, the use may be revieWed annually by the Community' Development Director to determine if maintenance, security, and/or other nuisance problems exist as a result of the establishment and whether additional conditions to mitigate any future problems should be implemented by the Community Development Director. l0 !4 l? 20 2! ?-3 2,4 25 2,? ?.9 Resolution No. 3791 CUP 01-010 & DR 01-007 Page 3 H. 10. As conditioned, the materials and architecture are compatible with the surrounding area. Natural paving and building materials are incorporated into the design of the site and the building includes a consistent hip roof design. Pursuant to Section 9272 of the Tustin MuniciPal Code, the Commission finds that the location, size, architectural features, and general appearance of Design Review 01-007, as conditioned, 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 City Council has considered at least the following items: · Height, bulk, and area of buildings. 1 Setbacks and site planning. 3. Exterior materials and colors. ,, Type and pitch of roofs. Si Size and spacing of windows, doors, and other openings. 1 Towers, chimneys, roof structures, flagpoles, 'radio and television antennae. . Landscaping, parking area design, and traffic circulation. Location, height, and standards of exterior illumination. . Location and appearance of equipment located outside an enclosed structure. 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 neighbor, hood and public thoroughfares. 13. Development Guidelines and criteria as adopted by the City Council. That this project is Categorically Exempt pursuant to Section 15303, Class 3 of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). 10 Resolution No. 3791 CUP 01-010 & DR 01-007 Page 4 II. Ji That the applicant has agreed to provide a dedication of. additional right-of- way along Tustin Avenue, First Street, and the corner cut-off at the northeast corner of Tustin Avenue and First Street for the widening of and related improvements to Tustin Avenue and First Street for pedestrian, vehicular, and ADA facilities, access, and right-of-way. The dedication of right-of-way would bring Tustin Avenue and First Street into compliance with the definition of the appropriate roadway classification within the Circulation Element of the General Plan. The Planning Commission hereby approves Conditional Use Permit 01-010 and Design Review 01-007 to construct a 2,158 square foot coin-operated carwash located at 101 Tustin Avenue, subject to the conditions contained in Exhibit A, attached hereto. ~ PASSED AND ADOPTED by the Planning Commission, of th,e City of T. gstin, at a regular meeting on the 23rd day of July, 2001. . ' /' 13 , · "/ ~'z¢¢]7~ ./,,,,} - . 14 LESLIE A. PO~,ITIOUS ~ ¢ - . ' · Chairperson 16 ELIZABETH A. BINSACK ~7 Planning Commission Secretary 18 19 20 21 22 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. 3791 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 23rd day of July, 2001. 24 2~ (,_ 26 ELIZABETH A. BINSACK Planning Commission Secretary 29 28 STATE.OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) 27 EXHIBIT A CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 01-010 DESIGN REVIEW 01-007 JULY 23, 2001 (1) (1) (1) ~FNI=RAI 1.1 The proposed use and construction shall substantially conform with the submitted plans [or the project date stamped July 23, 2001, 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. Tho Director of Community Dovelopmont may also approve minor modifications dudn§ plan check if such modifications aro to be consistent with the provisions of the Tustin City Code and other applicable codes. 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified, subject to review and approval by the Community Development Department. 1.3 The subject project approval shall become null and void unless permits for the proposed project are issued and substantial construction is underway within eighteen (18) months of the date of this Exhibit. Time extensions may be considered if a written request is received by the Community Development Department within thirty (30) days prior to expiration. 1.4 APproval of Conditional Use Permit 01-010 and Design Review 01-007 is contingent upon the applicant and property owner signing and returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the property owner signing and recording with the County Clerk-Recorder a "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. 1.5 The applicant shall hold h'armless and defend the City of Tustin f.rom all claims and liabilities arising out of a challenge of the City's approval for this project. (2) (3) (4) ,~C)l IRC. l= STANDARD CONDITION CEQA MITIGATION .UNIFORM BUILDING CODE/S DESIGN REVIEW EXCEPTIONS (s) (6) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY Exhibit A - Conditions of Approval Resolution 3791 Cup 01-010 & DR 01-007 Page 2 (1) (1) (5) (1) (1) (1) (1) Any violation of any of the conditions imposed is subject to the imposition of a civil penalty of $100.00 for each violation and each day the violation exists. 1.7 The applicant shall be responsible for costs associated with any necessary code enforcement action. I I?,F RF,~TRICTI©NS 2.1 No other auto service use is permitted with the exception of the approved coin-operated carwash facility. 2.2 The proposed use may be reviewed by the Community Development Director and/or Police Chief on a annual basis or more if deemed necessary, if, in the future, the Community Development Director and/or Police Chief determine that maintenance, security, and/or other nuisance problems exist on the site or in the vicinity as a result of the establishment of the coin-operated carwash, the Community Development Director and/or Police Chief may require the applicant to provide additional mitigation including, but not limited to, the following' a. c, Reduce hours of use. Install carwash bay doors that would be closed during non-business hours. Addition of other security measures. The Director may recommend to the Planning Commission modification to the existing conditions or impose new conditions as part of such review to protect .the public health, safety, community aesthetics, and general welfare. Failure to satisfy the above condition shall be grounds for revocation of CUP 01-010. 2.3. Vehicle stacking in the public right-of-Way shall be prohibited and any violation shall be subject'to citation. 2.4 2,5 The storage of junk or permanently disabled or wrecked automobiles shall not be permitted. Used or discarded automotive parts or equipment shall not be located on the premises. No inoperative vehicles shall be permitted to be parked or stored on site. Storage of buses, trucks, cars, or similar vehicles is prohibited. 2,6 Parking and advertising of vehicles for sale or lease is not permitted. Exhibit A - Conditions of Approval Resolution 3791 Cup 01-010 & DR 01-007 Page 3 (1) 2.7 (4) (7) (1) (1) (1) (1) APpropriate posting shall be provided on site in accordance with the California Vehicle Code Section 22658(a)(1) allowing the property owner to tow abandoned vehicles. Abandoned vehicles shall be towed within 24 hours of notification by the City. 2.8 All requirements of the City's Noise Ordinance (Chapter'6 of the Tustin City Code) shall be met at all .times. 2.9 No outdoor storage shall be permitted Community Development Director. except as approved by the 2.10 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. 2.11 The property owners of the carwash facility shall be responsible for the daily. maintenance of the subject property, 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. Failure to maintain said structure and adjacent facilities will be grounds for City enforcement of its Property Maintenance Ordinance, including nuisance abatement procedures. The applicant is required to coat and protect all wall surfaces with a graffiti resistant finish and/or material prior to occupancy. 2.12 No exterior pay phones are allowed. 2.13 No signs or banners shall be permitted on the property that provide on- or off-premises advertising unless permitted by the City of Tustin Sign Code. The property owners/operators of the carwash facility shall be responsible for the daily maintenance of removing any unauthorized signage on site within 24 hours of notification by tho City. 2.14 The installation and operation of the carwash bays shall be performed in accordance with the requirements of the South Coast Air Quality Management District. The applicant shall provide evidence to the Community Development Director of approval by the South Coast Air Quality Management District. PI AN RIIRMITTAI 3.1 The elevations shall depict colors and materials consistent with the colodmaterial board approved for the project. Exhibit A - Conditions of Approval Resolution 3791 Cup 01-010 & DR 01-007 Page 4 (1) 3.2 (1) 3.3 (4) 3.4 ~4) 3.5 (4) 3.6 (4) 3.7 (3) 3.8 (3) 3.9 Landscaping and natural paving materials to complement the architecture and building materials shall be used to create a decorative band between the existing northerly driveway and the building. The materials and design of. the paving shall be submitted for review and approval by the Community Development Director. Brick cap stones to match the architectural features and buil'ding materials shall be installed on the front wall. The material and design shall be submitted for review and approval by the Community Development Department. A six (6) foot eight (8)inch block wall with stucco finish to match the building shall-be provided along the north property line to buffer the proposed facility from the adjacent properties. The hip roof illustrated on the south elevation Of the mechanical room shall be extended into a full peak. The vacuum equipment on each island shall be screened from public view, and the screening material shall be compatible with the building subject to review and approval by the Community Development Director. Enclosure of electric and gas meters, change machines, and cleaning product dispensers must be screened from public view and must be compatible with the building treatment subject to review and approval by the Community Development DireCtor. At the time of building permit application, the plans shall comply with the 1998 California Building Code (CBC), 1998 California Mechanical Code (CMC), 1998 California Plumbing Codes (CPC),'1998 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. o Two (2) copies of'structural calculations. Elevations that include all proposed dimensions, finishes, and partial outlines of adjacent buildings on site and off site where applicable. Exhibit A - Conditions of Approval Resolution 3791 Cup 01-010 & DR 01-007 Page 5 (3) 3.'10 (3) 3.11 (1) 3~12 (3) 3,13 (1) 3.14 (1) 3.15 (4) 3.'16 (3) 3~.17 · Roofing material that is 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. 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 spaces designed for use by persons with disabilities shall comply with California Title 24 Regulations. The loading zone shall be located on the passenger side of the vehicle. Prior to permit issuance, clearances from the Orange County Fire Authority will be required. Provide an area analysis for the building and show compliance with allowable floor areas based on 1998 California Building Code, Chapter 5, Table 5-B. Provide details of all proposed lighting fixtures and a photometric study showing the location and anticipated pattern of light distribution of all proposed fixtures. The design of the light fixtures should be consistent with the architecture of the building. All exterior lighting shall be designed and arranged not to direct light or glare onto adjacent properties, including the adjacent streets and right-of-ways. 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. Security lighting shall be installed around the exterior of the building to provide visibility for night patrol. The amount and location of security lighting shall be reviewed and approved by the City of Tustin Police Department. All parapets shall be at least six (6) inches above any rOof-mounted equipment, vents, and exhausts. Cross-section details showing the installation of any proposed rooftop equipment shall be provided. Rooftop equipment shall be installed and maintained so that it is not visible from the public right-of-way. Show the location of any utility vents or other equipment on the roof plan. Seven (7) sets of final grading plans consistent with the site and landscaping plans as prepared by a registered civil engineer shall be submitted and shall include the following: Exhibit A - Conditions of Approval Resolution 3791 Cup 01-010 & DR 01-007 Page 6 (3) 3.18 (3) 3.19 (1) 3.20 (1) 3.21 (1) 3.22 (1) 3.23 (1) 3.24 Technical details and. plans for all utility installations including telephone, gas, water, and electricity. Three (3) copies of a 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. The engineer of record must 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 must submit a pad certification to the Building Division for review and approval 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. 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. No exterior downspouts shall be permitted on any fa(;ade of the building which is visible from adjacent streets or residential/commercial areas. Roof scuppers shall be installed with special lip devices so that overflow drainage will not stain the walls. Ail exposed metal flashing or trim shall be anodized or painted compatible with the main building. Exhibit A - Conditions of Approval Resolution 3791 Cup 01-010 & DR 01-007 Page 7 (1) 3.25 (1) 3.26 A protective graffiti resistant finish shall be applied, on all elevations of the proposed structure, subject to review and. approval by the Community Development Director. Provide a copy of Orange County Health Department, Orange County Fire Authority, and AQMD cleamrmes for previous underground fuel tanks. Include a copy of the re-compaction report for..' back filling of the excavated areas for tanks, OR comply with the following' ~tions. (a) 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 Developmer~: Department and Orange County Health Department. This report., must 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. (b) The applicant shall provide to., the Ora'x~ County Health Department a report on the findings of the most recent soil samples collected. These findings will allow'the Orange County Health Department to. evaluate the levels of hydrocarbons and ground water contamination found on the site. (c) A vapor risk assessment, that evaluates the potential health risks to the occupants of the proposed buik~ posed by any residual subsurface contaminatior~, at the subject site shall be submitted to and approved by the Orange ,Cou~ Health Department. Approved copies of such assessment shall be provided to the Community Development Department. The. Orange County Health Department requires a vapor dsk assessment for any contaminated sites where the land use will change from a~omotive repair or fueling station to any other commercial' or resider~al use. (d) A work plan for all modifications to. the remediation system at the subject site must be submitted to'and approved by the OCHCA, with approved copies of such work plan provided to the Community Development Department. Exhibit A - Conditions of Approval Resolution 3791 Cup 01-010 & DR 01-007 Page 8 (1) 3.27 (1) 3.28. (1) 3.29 (1) 3.30 (1) 3.31 (1) 3.32 Individual trash service may be provided on the site provided that such service is acceptable in writing by Federal Disposal Services. In the event that trash bin service is requested either at this time or 'in the future by Federal Disposal Services, a trash bin with surrounding enclosure shall be located on the property. A trash bin with surrounding enclosure shall be located on the property and maintained to avoid health issues for neighboring commercial and residential areas. An adequate size trash enclosure with solid metal, self-closing, self-latching gates shall be provided. Said enclosure shall be screened by a solid decorative wall consistent with the adjacent building's material and finish and be of a minimum height of six (6) feet. The actual location of the enclosure and types of screening and details of the enclosure shall be submitted at building plan check and are subject to approval by the Community Development Department. The location of the bin, size, and quantity shall be reviewed and accepted in writing by Federal Disposal Services. in addition to the trash enclosure, an adequate number of trash receptacles to serve the clientele.of the carwash facility shall be provided outside of the building. The design of the outdoor trash receptacles and other fixtures shall' be compatible with the design elements of the exterior features on the main building. 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 tho hours of 7:00 a.m. and 6:00 p.m. Monday throu§h Friday, and botween @'00 a.m. and 5:00 p.m. on Saturday, unless otherwise detorminod by tho Community Development Director and/or Building Official. Construction hoUrs shall be clearly posted on the project site to the satisfaction of the Building Official. 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. 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. Exhibit A - Conditions of Approval Resolution 3791 Cup 01-010 & DR 01-007 Page 9 (7) 3.33 .(6) (6) (4) 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. I AND.~C'.APING 4.1 The site. shall be landscaped consistent with the City's Landscaping and Irrigation Guidelines. Landscaping shall consist of a combination of berming and sufficient numbers of shrubs and trees to provide adequate screening, subject to the satisfaction of the Community Development Director. 4.2 Provide a detailed landscape and irrigation plan for all landscaping areas on the site and include the following information: a. A summary table applying, indexing identification to plant materials in their actual location. The plan and table must list botanical and common names, sizes, spaces, actual location, and quantity of the plant materials proposed. 8 Planting and berming details, soil preparation, staking, etc. The irrigation plan shall show location and control of backflow prevention devices, pipe s'[ze, sprinkler type, spacing, and coverage. Details for all equipment must be provided. d. Ail property lines on the landscaping and irrigation plan, public right- of-way area, s~dewalk ~klths, parkway areas, and wall location, if any. e~ Note on landscaping p~an that coverage of landscaping irrigation matorials is subject to field inspection at project completion 'by the Community Development Department. 4.3 The Aleppo Pine tree (pinus halepensis) or other non-deciduous evergreen tree species approv~ by the Community Development Director proposed around the perimeter of the site for screening purposes shall be a minimum combination of 48-inch box and §0.inch box size specimens. Exhibit A - Conditions of Approval Resolution 3791 Cup 01-010 & DR 01-007 Page 10 (7). 4.4 A minimum of 15 percent landscaping shall be provided on the project site including a landscape buffer around the perimeter of the site in accordance with the Auto Service Design Guidelines and the Parking Lot Design Guidelines. (6) 4,5 Provide a cross section detail of the parking and stacking area and identify the height of the landscape berm and vegetation adjacent to Tustin Avenue and First Street. The berm shall be a minimum of 36 inches and, when combined with landscaping, a minimum height of 42 inches. Landscape screening shall be provided along the westerly building elevation subject to review and approval by the Community Development Department. (6) 4.6 The Community Development Department may request minor substitutions of plant materials or request additional sizing or quantity materials during plan check or field inspections to ensure sufficient screening. (6) 4.7' The submitted landscaping plans shall reflect the following requirements, either incorporated into the design or included in the .notes' a, Turf is unacceptable for grades over 25 percent. A combination of planting materials must be used; ground cover on large areas alone is not acceptable. bm Provide a minimum of one 15-gallon. size tree and five 5-gallon shrubs for every' 30 feet of property line on the property perimeter. Gm Shrubs shall be a minimum of 5-gallon size and shall be spaced a minimum of 5 feet on center when intended as screen planting. al Ground cover shall be planted between 8 to 12 inches on center. et When one-gallon plant sizes are used, the spacing may vary according to materials used. All plant materials shall be installed in a healthy and vigorous condition typical to the species and shall be maintained in a neat and healthy condition.. Maintenance includes, but is not limited to, trimming, moving, weeding, removal of litter, fertilizing, regular watering, and replacement of diseased or dead plants. (6) 4.8 The landscape materials shall not conflict with the visual clearance requirements of any existing or proposed driveway approach. Exhibit A - Conditions of Approval Resolution 3791 Cup 01-010 & DR 01-007 Page 11. WATFR Oil^! ITY (1) (1) (1) (1) Prior to issuance of grading permits, the applicant shall obtain approval of the Community Development and Public Works.. Departments for 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, which, will be implemented on this project and shall detail the implementation of BMPs whenever they are applicable to the proje~ the assignment .of long-term maintenance responsibilities (specifying. the developer, parcel owner,, maintenance association, lessee, etc.), and. reference to the location(s) of stru~ral BMPs. The property owner and'. applicant shall be responsible., for' implementing the provisions of the WQMP on an o~going, permanent basis. 5.2 Prior to submittal of'a. Water Quality Management Plan (WQMP), the applicant shall submit a deposit of $2,500.00 for the estimated costs of review of the WQMP to the Buiid!ng Division. The actual costs shall be deducted, from the deposit, and the applicant shall, be responsible for and pay for any additional' review costs that exceed the deposit prior to issuance of grading, permits. Any unuSed' portion of the deposit shall be refunded to the applicant. 5.3 Prior to issuance of any permits, the property ortner 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. 5.4 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 inspo~ the pmpe~ for the purposo of verifying compliance with Chapter 4 of the Tustin City Code (Water Quality Ordinance) and veri~ing compliance with the approved Water Quality Management Plan. 5.5 The Community Development and Public Wo.rks Departments shall determine whether any proposed change in. use requires an amendment to an approved Water Quality Management Plan. 5.6 The following requirements sba.l! be defined on permit plan cover sheets as either general or special notes and the project shall be implemented in accordance with the notes: Exhibit A - Conditions of Approval Resolution 3791 Cup 01-010 & DP, 01-007 Page 12 (1) 5.7 Construction sites shall be maintained in such a condition that an anticipated storm does not carry wastes or pollutants off the site. Discharges of material other than stormwater are allowed only when necessary for performance and completion of construction practices and where they do not: cause or contribute to a violation of any water quality standard; cause or threaten to cause pollution, contamination, or nuisance; 'or contain a hazardous substance in a quantity reportable under Federal Regulations 40 CFR Parts 117 and 302. Potential pollutants include, but are not limited to: solid or liquid chemical spills; wastes from paints, stains, sealants, glues, limes, pesticides, herbicides, wood preservatives and solvents; asbestos fibers, paint flakes or stucco fragments; fuels, oils, lubricants, and hydraulic, radiator, or battery fluids; fertilizers, vehicle/equipment wash water and concrete wash water; concrete, detergent or floatable wastes; wastes from any engine equipment steam cleaning or chemical degreasing; and, superchiorinated potable water line flushings. During construction, disposal of such materials should 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 requirements. Dewatering ..of contaminated groundwater, or discharging contaminated soils via surface erosion, is prohibited. Dewatering of non-contaminated groundwater requires a National Pollutant Discharge Elimination System Permit from the California State Regional Water Quality Control Board. 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 including BMP Nos. 1, 10, and 12 through 24, 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 on-going basis to control water and wind-related erosion and prevent sedimentation frOm entering the storm drain system, adjacent properties, or rights-of-way. Exhibit A- Conditions of Approval Resolution 3791 Cup 01-010 & DR 01-007 Page 13 (1) 5.8 A variety of best management practices including BMP Nos. 1, 3 through 9, 11 through 15, 18 and 24, as identified in the City's Best Management · Practices Handbook shall be implemented on an on-going basis during constructi°n 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. (1) (1) 5.9 5.10 Prior to issuance of grading permits, the appliCant shall post with the Community Development Department a minimum $2,500 cash deposit or letter of credit to guarantee the sweeping of streets and clean-up of streets affected by construction activities. In the event this deposit is depleted prior to completion of development, an additional incremental deposit will be required. 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 roil, 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) 5.11 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 debds is deposited within the right-of-way or adjacent property, the applicant shall be responsible for removing the material immediately. I=NC. IN.FFRING (5) 6.1 The existing southerly drive on Tustin Avenue will need to be removed ahd full-height curb, gutter, and sidewalk shall be constructed in its place, per City Standards. (5) 6.2 The applicant shall' provide an updated title report dated within the last thirty (30) days. (5) 6,3 The applicant shall provide a copy of the ALTA / ACSM land title survey drawing prepared by Anacal Engineering Company. All property lines and easements and dedication lines shall be clearly depicted and labeled. Exhibit A - Conditions of Approval Resolution 3791 Cup 01-010 & DR 01-007 Page t4 (1) 6.4 (1) 6.5 (1) 6.6 (3) 6.7 A separate 24"x 36" street improvement plan, as prepared by a California Registered Civil Engineer, will be required'for all construction within the public right-of-way. Construction and/or roplacement 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: Curb and gutter; Sidewalk, including curb ramps for the' physically disabled; Drive aprons; Domestic water facilities; Sanitary sewer facilities; and Underground utility connections. In addition, a 24"x 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. Prior to any work in the public right-of-way, an Encroachment Permit must be obtained from and .applicable fees paid to the Public Works Department. 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) c) Final street elevations at key locations. Final padfiinished floor elevations and key elevations for all site grading. Ail pad elevations to be a minimum of 1.0 foot above base flood elevation as defined by FEMA. All flood hazards of record. Current Federal Americans with Disabilities Act (ADA) requirements will need to be met at the drive aprons. This will require construction of a minimum four (4) foot wide. sidewalk behind the drive apron. The maximum cross slope of the sidewalk shall be two percent and the maximum ramp slope of the drive apron shall be ten percent. This may require dedication of additional right-of-way to accommodate the sidewalk construction. A legal description and sketch of the dedication area, as prepared by a California Registered Civil Engineer and/or California Licensed Land Surveyor, shall be submitted to the Engineering Division for review and. approval. Exhibit A - Conditions of Approval Resolution 3791 Cup 01-010 & DR 01-007 Page 15 (3) 6.8 (3) 6.9 FIRF (5) 7.1 (5) 7.2 (5) 7.3 (5) 7.4 Dedication of fifty (50) feet of additional right-of-way along Tustin Avenue, forty (40) feet of additional right-of-way along First Street, and the appropriate corner cUt-off may be required based upon the title report and ALTA. This shall be in the form of an irrevocable offer of dedication. Provide a legal description and plat prepared by a California Registered Civil Engineer or California Licensed Land Surveyor. These shall be submitted to the Engineering Division for review and approval prior to issuance of a grading permit. Any damage done to existing street improvements and utilities shall be repaired before issuance of a Certificate of Occupancy for the development. Prior to the issuance of a building permit, the applicant shall provide evidence of adequate fire flow. The Orange County Fire Authority Water Availability for Fire Protection form shall be signed by the applicable water district and submitted for approval to the Orange County Fire Authority. Prior to the issuance of any grading permits, the applicant shall submit t° the Fire Chief a list of the quantities of all hazardous, flammable and combustible materials, liquids or gases to be stored, used, or handled on site. These liquids and materials shall be classified according to the Uniform Fire Code using the "Guideline for Completing Chemical Classification Packets." The submittal shall provide a summary sheet listing each hazard class, the total quantity of chemicals stored per class, and the total quantity of chemicals used in that class. Ail forms of materials are to be converted to units of measure in pounds, gallons, and cubic feet. Prior to the issuance of a building permit, the applicant shall contact the Orange County Fire Authority Hazardous Materials Services Section at (714) 744-0463 to obtain a "Hazardous Materials Disclosure Chemical Inventory and Business Emergency Plan" packet. This shall be completed and submitted to the Fire Chief prior to' the issuance of a building permit. Prior to the issuance of a building permit, plans shall be submitted to the Fire Chief showing the location of any aboVe- or below-ground storage tanks for review and approval. Exhibit A- Conditions of Approval Resolution 3791 Cup 01-010 & DR 01-007 Page 16 FFF~ (,) (2) 8.2 Prior to issuance of any permits, the applicant shall .pay the following fees. Payment will be required based upon the rate in effect at the time of permit issuance and are subject to change. a. Ail applicable Building and Grading plan check and permit fees shall be paid to the CommUnity Development Department. b. Orange County Fire Authority plan check and inspection fees to the Community Development Department based upon the most current schedule. C. School facilities fee-of $.33 per. square foot of gross floor area or based upon the most current schedule, unless determined .to be exempt by the Tustin Unified School District. d. New development fees in the amount of $.10 per square foot of gross floor area paid to the Community Development Department. e. Transportation System Improvement Program (TSIP) Benefit Area "A" fees ir) 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. 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 $3.16 per square foot of new building area' g. Payment of the Orange County Sanitation District No. 7 Sewer Connection Fees at the time a building permit is issued. The current fee is $1.60 per square foot of building area. Within forty-eight (48) hours of Project approval, the applicant shall deliver to the Community Development Department a cashier's check payable to the COUNTY CLERK in the amount of $43.00 (forty-three dollars) 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.