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HomeMy WebLinkAboutCUP 04-017 Inter-Com DATE: DECEMBER 27, 2005 TO: FROM: ZONING ADMINISTRATOR COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: TIME EXTENSION FOR CONDITIONAL USE PERMIT 04-017 APPLICANT: PROPERTY OWNER: LOCATION: ZONING: ARB INC. ATTN: MORAD BYBORDI 26000 COMMERCENTER DRIVE LAKE FOREST, CA 92630 AAE PACIFIC PARK ASSOCIATES, LLC VACANT PROPERTY NORTH OF VALENCIA AVENUE BETWEEN THE STATE ROUTE 55 FREEWAY AND DEL AMO AVENUE PLANNED COMMUNITY INDUSTRIAL (PC-IND) ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO SECTION 15304 (CLASS 4) OF THE CALIFORNIA ENVI RONMENT AL QUALITY ACT REQUEST: A TIME EXTENSION REQUEST BY ARB, INC. TO CONTINUE THE TEMPORARY ESTABLISHMENT OF A CONSTRUCTION EQUIPMENT STORAGE YARD FOR ADDITIONAL SEVEN (7) MONTHS ON VACANT PROPERTY LOCATED NORTH OF VALENCIA AVENUE BETWEEN THE STATE ROUTE 55 FREEWAY AND DEL AMO AVENUE AT 11511/2 VALENCIA AVENUE. RECOMMENDATION That the Zoning Administrator adopt Zoning Administrator Action 05-025 approving a seven (7) month time extension request for Conditional Use Permit 04-017. Zoning Administrator Time Extension CUP 04-017 December 27,2005 Page 2 of 3 BACKGROUND ARB, Incorporated, a construction company, is currently contracted with the Orange County Sanitation District (OCSD) to replace existing water and sewer lines in multiple locations throughout the City and surrounding County. On June 14, 2005, the Planning Commission approved Conditional Use Permit 04-017 authorizing ARB Incorporated to utilize 4.41 acres of 22.47 acres of three vacant properties for the storage of soil/backfill material, pipe, trucks, construction equipment, and four (4) construction trailers for a period estimated at eighteen (18) months. The project was anticipated to be completed by December 15, 2005 (expiration date). However, due to unforeseen conditions, the project is delayed and is now expected to be completed by July 2006. Pursuant to TCC Section 9299.b.(4)(b), the Zoning Administrator may grant time extensions of not more than twelve (12) months from the original expiration date of an approved conditional use permit. SITE AND SURROUNDING PROPERTIES The vacant properties are located north of Valencia Avenue between the State Route 55 Freeway and Del Amo Avenue and have temporarily been assigned an address of 1151 Y:z Valencia Avenue for temporary power pole permitting purposes (Attachment A - Location Map). The project is located in the "Office Center" designation of the Pacific Center East Specific Plan. An office and manufacturing building exists across Valencia Avenue to the south, offices exist across Del Amo Avenue to the east, vacant land exists to the north, and the State Route 55 Freeway exists to the west. DISCUSSION Originally, the 4.41 acre location was to be used for 18 months to store soil/backfill material, pipe, trucks, construction equipment, and four (4) construction trailers in association with the OCSD contract. Due to unforeseen conditions such as the discovery of previously unknown underground utilities, revisions to the construction drawings, revisions to traffic control plans, and unforeseen weather conditions, the project has been delayed and is now anticipated to be completed within seven (7) months or by July 2006. All conditions required by Resolution No. 3917 approving Conditional Use Permit 04-017 are proposed to continue during the requested time extension and the applicant would be required to hold a valid encroachment permit through the City's Public Works/Engineering Department. Time extensions beyond the seven (7) months up to twelve (12) months from the expiration date of the approved conditional use permit may be granted upon review and approval by the Community Development Director. Zoning Administrator. Time Extension CUP 04-017 December 27, 2005 Page 3 of 3 ANAL YSIS A decision to approve this request can be supported by the following findings: 1) That a time extension to continue the temporary operation of a contractor's storage yard, 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) That the placement of the construction equipment and materials on the site would be temporary for an additional seven (7) months. The staging/storage area shall be removed and site cleared at the completion of the project or no later than July 31, 2006, whichever occurs sooner. Pursuant to Section 9299.b.(4)(b) of the Tustin City Code, additional time extension not to exceed twelve (12) months from the date of the original approval of the conditional use permit may be granted upon review and approval by the Community Development Director b) As conditioned, the applicant would be required to comply with all of the conditions approval for Conditional Use Permit 04-017 approved through Resolution No. 3917 which authorized the temporary use of the construction storage yard at the subject location. ,~Mu~, Jus na Willkom Senior Planner Attachments: A - Location Map B - Submitted Plans C - Zoning Administrator Action 05-025 S:\CddlZAREPOR1\2OO&.CUP04-017 (lime exte-").doc ATTACHMENT A Location Map ~ CUPO4-017 1151 % VAlENC~A A"VENUE LOCATION MAP l;;;;;;;---f~ : . ¡ : : Q 75 ¡50 225 :;00 SCAH iN FEE1 ATTACHMENT B /~ ( Submitted Plans / \ ,^ -- SITE PLAN '~\ 11 CUPO4-017 \-,,-"" _1 ~5 ~~ \f A~E ~ c ~A_~ ~ N- U~_l_- y-- I ,.. , -.., /,' ., W Avenue ì.. "', I - /'. Ii.' \', ~"r~/ /, / ~ , ~ \\¡ /1/: ¡ ¡ ~ \, "\ I í/l ! : ~ i.,' \ " I I~ /' II' 430-251-006 ! ~ I>i \ \ : I / I .... 1" 430-253-014 \ \~ .,1./;/ '~~f~~~::~~ ~ 1,.1",.)..,:".,J cateU~~~~ance, \ III} Avenue:. 15222 DelArna \ I 1/ (warehouse) ! Avenue \ I,} .. \ ff' í ! '~ Parcel \i~~\ B li'\ ::\ \ ; ~\ , '\ ;' \ , \ \ I , \ , , \ \ \ '\\ ~ \ \ \ '\\ " " \ \\¡ \ï , \ \ '\ \ , , \ \ I I I I I I ) / / ~ ..., ~ ;;; '" '" ... ... <:; 430-251'(}01 , et al ME ... . Undeveloped Properties~ 15471 Del Arno Avenue ~, P r el A ';;:{r¡;,~ I Þ.~ ~~ .¡s 'I Parcel A I '"" ~ 9 ~ .."t', :G ~ i;~;:~: g II. -"";""',",',:',...,1 '<t c( "';i;.:.. : : :: CÞ UJ;~I Z W :.,~:'.:J c.. .,.', « :?¿ IJ¥/I ~ n~J 185' 0 :- 0 i VAlENCiA [ fU~~ALE~:l~-----l I,. I ' I :: I I II I 'J>. Ie» ¡q 400' , 240' 430-253-013 D.C. Teachers Federal Credit Union 15332 Del Arno Avenue 430-253-012 D.C. Teachers Federal Credit Union 15442 Del Arno Avenue ------ ._---~ ------- --. 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Storo.ge I , , I Pipe & Fitting NS-iO, Vehh:::le o.ncl.Eq'AjÞM~mt I I Mar'OQe~'E-n1'. , , Storo.ge N~~-9, '-IE,hiei; and Ec¡ulp!'\er;t i ¡ '.""'21>'-'9 i i ì J I I ! I I I I I I I I I I ¡ I I I I 10 Tool Tr..ller I D \J1~"4, $plH Prev~,..,t!on I Tool T....ller I D w~i'-4. :;pi([ Pr?v~nt¡on I Tool. T.."II..,. I VM-4, :Spíll Pr!?'vention ! \'/M-' L MG. te"'o.\ Deliv",,-)' (lnd S,-o,',,¡::W Pipe & Fitting Storo.ge \'/~-'2, Ho.t;eri.,1. Use Pipe & Fitting Storo.ge EquipMent Storo.ge N~> 10, Vehicle c.f,d [q~'!pr\ent Man'"9""Mf'J,.,t NS-9., V",l\lcJe ,me.! EquIP"'Ë"'¡; FIAeilno ! w:.;l,.":Ud Ii Vúc$Ü' th!oQgr^E'n-t I 4BO' I I I I I lOB' . Courrty ARB ; OFfice Office ¡ T.-..1Itr Tro.lI.... loc:J_~- Tt!MP Power Pol.. S()rdt()rl'/ I,i"sh' M(\n"'9,"<ær¡.t I I ~~~::eo: CJ_.____~~plO~~~_~Qrk~n~.~reo. -_____Jntro.n:L__.I 345' ., PfHJOrur'Y F PricinG / 200- Vo.lencio. Ave, ATTACHMENT C Zoning Administrator Action 05-025 ZONING ADMINISTRATOR ACTION 05-025 TIME EXTESION FOR CONDITIONAL USE PERMIT 04-017 1151% VALENCIA AVENUE The Zoning Administrator of the City of Tustin does hereby resolve as follows: I. The Zoning Administrator finds and determines as follows: A. That a proper application for a time extension for Conditional Use Permit 04-017 was filed by Morad Bybordi, on behalf of ARB, Inc., requesting approval to continue the temporary storage of construction materials and equipment on vacant portions of Lot 65 and Lot 80 in Block 10 of Irvine's Subdivision, as shown on a map recorded in Book 1 Page 88 of miscellaneous record maps, Records of Orange County, California (Assessor's Parcel Numbers 430~251-01, 02, and 08) for an additional seven (7) months to support regional water and sewer line improvements. B. The proposed use is consistent with the policies and requirements of the "Office. Center" designation of the Pacific Center East Specific Plan and the Planned Community Commercial/Business General Plan land use designation in that temporary construction storage yards may be permitted with a conditional use permit and the use supports the maintenance of the City's infrastructure. 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 in that the use is located in a central location that promotes efficient vehicle trips during construction of City and regional water and sewer line improvements. C. That due to unforeseen conditions such as the discovery of previously unknown underground utilities, revisions to the construction drawings, revisions to traffic control plans, and unföreseen weather conditions, the project has been delayed and is now anticipated to be completed within seven (7) months or by July 2006. D. That Section 9299.b.(4)(b) of the Tustin City Code authorizes the Zoning Administrator to grant time extensions up to twelve (12) months from the original expiration date of the approved conditional use permits. E. That a public hearing was duly called, noticed, and held on said application on December 27,2005, by the Zoning Administrator. F. That the time extension request to continue the temporary operation of a contractor's storage yard, 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: Exhibit A Zoning Administrator Action 05-025 December 27, 2005 Page 2 G. II. a) That the placement of the construction equipment and materials on the site would be temporary and only be extended for an additional seven (7) months. The staging/storage area shall be removed and site cleared at the completion of the project or no later than July 31 2006, whichever occurs sooner. Pursuant to Section 9299.b.(4)(b) of the Tustin City Code, additional time extension not to exceed twelve (12) months from the date of the original approval of the conditional use permit may be granted upon review and approval by the Community Development Director b) As conditioned, the applicant would be required to comply with all of the conditions approval for Conditional Use Permit 04-017 approved through Resolution No. 3917 which authorized the temporary use of the construction storage yard at the subject location. This project is Categorically Exempt pursuant to Section 15304, (Class 4) of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). The Zoning Administrator hereby approves a time extension for Conditional Use Permit No. 04-017 authorizing the continuation of the temporary storage of construction materials and equipment on a 4.41 acre vacant site comprised of portions of Lot 65 and Lot 80 in Block 10 of Irvine's Subdivision, as shown on a map recorded in Book 1 Page 88 of miscellaneous record maps, Records of Orange County, California (Assessor's Parcel Nos. 430-251-01, 02, and 08) for an additional seven (7) months with time extension not to exceed twelve (12) months from the expiration date of Conditional Use Permit 04-017 for a regional water and sewer line improvement project, subject to conditions contained in the Planning Commission Resolution No. 3917 attached l1ereto. PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular meeting held on the 2ih day of December, 2005. DANA OGDON ACTING ZONING ADMINISTRATOR FLOR WILLIAMS RECORDING SECRETARY Exhibit A Zoning Administrator Action 05-025 December 27, 2005 Page 3 STATE OF CALIFORNIA) COUNTY OF ORANGE) CITY OF TUSTIN ) I, FLOR WILLIAMS, the undersigned, hereby certify that I am the Recording Secretary of the Zoning Administrator of the City of Tustin, California; that Zoning Administrator Action No. 05-025 passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 2ih day of December, 2005. . FLOR WILLIAMS Recording Secretary RESOLUTION NO. 3917 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN APPROVING CONDITIONAL USE PERMIT 04-017 FOR THE TEMPORARY STORAGE OF CONSTRUCTION MATERIALS AND EQUIPMENT ON VACANT LOTS LOCATED NORTH OF VALENCIA AVENUE BETWEEN THE STATE ROUTE 55 FREEWAY AND DEL AMO AVENUE AT 1151% VALENCIA AVENUE FOR UP TO EIGHTEEN (18) MONTHS FOR A REGIONAL WATER AND SEWER LINE IMPROVEMENT PROJECT. 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 04-017 was filed by ARB, Incorporated requesting approval to temporarily store construction materials and equipment on vacant portions of Lot 65 and Lot 80 in Block 10 of Irvine's Subdivision, as shown on a map recorded in Book 1 Page 88 of miscellaneous record maps, Records of Orange County, California (Assessor's Parcel Numbers 430-251- 01,02, and 08) for up to eighteen (18) months in the "Office Center" designation of the Pacific Center East Specific Plan and the Planned Community Commercial/Business General Plan land use designation to support regional water and sewer line improvements. B. The proposed use is consistent with the policies and requirements of the "Office Center" designation of the Pacific Center East Specific Plan and the Planned Community Commercial/Business General Plan land use designation in that temporary construction storage yards may be permitted with a conditional use permit and the use supports the maintenance of the City's infrastructure. 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 in that the use is located in a central location that promotes efficient vehicle trips during construction of City and regional water and sewer line improvements. c. That the temporary operation of a contractor's storage yard, 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: Resolution 3917 Page 2 D. a) The proposed temporary use, as conditioned, would not be detrimental to the surrounding properties in that placement of the construction equipment and materials in the site would be temporary. b) As conditioned, the use would not have a negative effect on the surrounding properties since the storage yard is located on vacant property and is buffered from adjacent uses by the State Route 55 Freeway and by unoccupied portions of the vacant properties. c) As conditioned, the applicant would be required to incorporate Best Management Practices so that adjacent public right-of- way is maintained and cleaned on a daily basis and so that particulate-laden water will not be deposited into the storm drain. d) As conditioned, equipment and materials stored on-site would maintain a setback of 185 and 240 feet from the west and east side property lines, respectively. This project is Categorically Exempt pursuant to Section 15304, (Class 4) of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Planning Commission hereby approves Conditional Use Permit 04-017 authorizing the temporarily storage of construction materials and equipment on a 4.41 acre vacant site comprised of portions of Lot 65 and Lot 80 in Block 10 of Irvine's Subdivision, as shown on a map recorded in Book 1 Page 88 of miscellaneous record maps, Records of Orange County, California (Assessor's Parcel Nos. 430-251-01, 02, and 08) for up to eighteen (18) months for a regional water and sewer line improvement project, subject to conditions contained in Exhibit A attached hereto. ._._~--. mo. -- .--. - -.--..-..'----'.'...' -..-----.- -'--'.' -.--..-... Resolution 3917 Page 3 PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 14th day of June, 2004. &~Á i52d~ ELIZABETH A. BINSACK Planning Commission Secretary 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. 3917 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 14th day of June, 2004. ~~#6'd"¡ ELIZABETH A. BIN~ K - - Planning Commission Secretary (1) (1) (1 ) (1 ) 1.4 (1) 1.5 EXHIBIT A CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 04-017 JUNE 14, 2004 GENERAL 1.1 The proposed use shall substantially conform with the plans for the project date stamped June 14, 2004, on file with the Community Development Department, except as herein modified, or as modified by the Director ot Community Development. 1.2 The construction staging yard shall be removed and the site cleared no later than December 14, 2005. Conditional Use Permit 04-017 is only valid while an active encroachment permit is maintained for public right-ot- way improvements throughout the City of Tustin. If the encroachment permit is terminated, the applicant shall remove all trailers, equipment, and materials from the site within twenty-four hours of being notified by the City. 1.3 Violation of any conditions may be cause for the City to revoke the permit and to require interior trailer operations to cease immediately and the applicant to clear the site within 48 hours ot being notified by the City that the permit has been revoked. As determined by a City Code Enforcement Officer, any violation of any ot the conditions imposed by this permit is subject to the imposition of a civil penalty of $100.00 for each violation and each day the violation exists. The applicant shall be responsible for costs associated with any necessary code enforcement action. The applicant and property owner 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 ot 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 ----_. ----0-._.._--- - _.- - - .-- - ;-. .0 Exhibit A - Resolution 3917 CUP 04-017 Page 2 (1 ) 1.6 PLANNING (*) 2.1 (*) 2.2 (*) 2.3 (*) 2.4 (1) 2.5 Approval of Conditional Use Permit 04-017 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 ot Community Development, and evidence of recordation shall be provided to the Community Development Department. All on-site trailers shall be padlocked at all times they are not occupied. Residential occupancy or uses are not permitted in anyon-site trailers at any time. Hours of operation, noise regulations, and all activities related to construction staging yard shall be in accordance with Encroachment Permit Nos. 3887, 3888, and 3895 issued for City-wide sanitary sewer and water line improvements No business signs are requested or permitted in association the construction staging yard. All businesses that will be operating within the City of Tustin in association with the construction staging yard, including event setup and clearing, shall be required to obtain a valid City of Tustin Business License. BUILDING AND SAFETY (1 ) 3.1 (*) 3.2 (*) 3.3 Temporary fencing not to exceed six feet high with a visual screen shall be maintained around the perimeter of the site for the duration ot the use. If lighting is desired for night-time operations or is required by the California Department of Occupational Safety and Health Administration, the applicant must first submit a photometric lighting plan to the Building and Safety Division. No lighting shall be permitted which would have a negative impact on adjacent properties or the public right-oJ-way. The applicant shall obtain an electrical permit for any proposed temporary lighting. No tents and/or canopies are requested; therefore, none are permitted for Conditional Use Permit 04-017. Exhibit A - Resolution 3917 CUP 04-017 Page 3 (*) 3.4 (*) 3.5 (*) 3.6 (3) 3.7 The applicant shall maintain a gravel surface, in good condition, on all on- site vehicle route surfaces where there is no existing paving Three (3) driveway width wheel carriages shall be maintained at the point where vehicles exit onto Valencia Avenue. Upon completion of the use, the applicant and/or property owner shall be responsible for site clean up to restore the site to the original condition and shall provide geotechnical verification that the site is cleaned subject to approval of the City. Within 10 days from approval of Planning Commission Resolution No. 3917, the applicant shall provide a cash or surety bond to the City in an amount no less than $10,000 to ensure that the timely removal of construction trailers, equipment, and materials occurs upon termination of the use or in the event the permit is revoked. If necessary, the bond money will be used to fulfill the site clearing requirements of this condition. Within 10 days of approval of Resolution No. 3917, the applicant must also provide the City with a right-of-entry letter from the property owner to allow the City or its agent to remove any construction equipment, vehicles, machinery, fencing, soil, refuse, recyclables, or other supplies if the applicant or property owner fails to do so upon notice from.the City. All non-construction trailers (office trailers) shall comply with the requirements of Title 24 of the California Code of Regulations (Handicap Accessibility) regulations including paved accessible parking spaces and Title 25 of the California Code of Regulations (Manufactured Structures - Anchorage Requirements). PUBLIC WORKS (1 ) 4.1 (1) 4.2 (*) 4.3 The applicant shall be responsible for ensuring that the site, public right-of- way, and adjacent properties are continually free of trash and debris generated by the use. The applicant shall promptly clean up gravel, dirt, or other debris deposited on public streets associated with this use. Any damage resulting from the permitted activity to existing street improvements and utilities shall be repaired at no cost to the City to the satisfaction of the City Engineer. A revised site plan shall be provided within 10 days from approval of Planning Commission Resolution No. 3917, at a minimum scale of 1" = 40', showing all property lines, the dimensions of all critical areas, a north arrow, adjacent streets, adjacent sidewalks, the driveway, and existing and proposed easements. The plans must show that ingress and egress of vehicles and movement of equipment and supplies occurs exclusively from Valencia Avenue. The truck turning radius from Valencia Avenue to ~ Exhibit A - Resolution 3917 CUP 04-017 Page 4 (1 ) 4.4 (*) 4.5 (1) 4.6 the equipment storage yard must be included on the revised site plan. The plans must demonstrate that proposed use is at least one hundred (100) feet from the west and east property lines and from all Temporary Construction Easements (TCE) acquired by the City for construction of the future Newport Avenue extension between Edinger and Valencia Avenúes, and for the future northbound State Route 55 ramp reconfiguration. The site plan must show a layout and/or survey of the property which establishes the 100 foot buffer area. The survey must show the TCE and indicate that the proposed use is not over any existing easements which limits access by utility companies. If the submitted plan demonstrates that the existing yard is within the TCE or any access easements, the yard must be relocated. The applicant shall not alter the condition of or construct any improvements or structures within the public right-ot-way without approval from the City's Public Works Department. A Transportation/Overlimit Permit shall be required for all extra-legal loads on City streets as defined in Section 320.5 of the California Vehicle Code. Prior to any work in the public right-ot-way, an Encroachment Permit shall be obtained and applicable fees paid to the Public Works Department. WA TER QUALITY (*) 5.1 (1 ) 5.2 (1 ) 5.3 Best Management Practices (BMPs) Nos. 1,5,7,8,9,11,12,13, 14,15, 18, 19, 21, 23, and 24 as identified in the City's Best Management Practices Handbook shall be implemented on an ongoing basis during construction to protect surface waters and prevent soil, 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. Storage 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. The Community Development and Public Works Departments may require additional BMPs as necessary. This development shall comply with all provisions ot the City of Tustin Water Quality Ordinance and all Federal, State, and Regional Water Quality Control Board rules and regulations. Soil erosion and on-site spills shall be contained and drainage maintained on-site with no drainage runoff from the site. The property owner and applicant shall provide written consent and authorization to enter the property for the purpose of conducting compliance assessments with BMPs. An authorized inspector may Exhibit A - Resolution 3917 CUP 04-017 Page 5 (1 ) 5.4 FEES (1 ) 6.1 ~_.d.- .- .._. .d. d_- .~ inspect the property for the purpose of verifying compliance with Chapter 4 of the Tustin City Code (Water Quality Ordinance). 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 construction activities. If any debris is deposited within the right-of-way or adjacent property, the applicant shall be responsible for removing the material immediately. Within forty-eight (48) hours of project approval, the applicant needs to 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 . - --- _. .