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HomeMy WebLinkAboutPC RES 4014 RESOLUTION NO. 4014 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN APPROVING DESIGN REVIEW 05-019 AND CONDITIONAL USE PERMIT 05-037 AUTHORIZING THE DEVELOPMENT OF A 240 SENIOR RESIDENTIAL PROJECT WITH A NEW PARKING STANDARD OF 1.7 PARKING SPACE PER UNIT ON A NINE (9)- ACRE SITE BOUNDED BY EDINGER AVENUE ON THE NORTH, THE FIRE STATION SITE AND WEST CONNECTOR ROAD ON THE EAST, AND OTHER RESIDENTIAL DEVELOPMENT ON THE WEST AND SOUTH WITHIN PLANNING AREA 4 AND PLANNING AREA 5 OF THE MCAS TUSTIN SPECIFIC PLAN (PARCEL 265 OF TRACT 16581) 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 Design Review 05-019 and Conditional Use Permit 05-037 was submitted by Lennar Homes for development of a 240 unit senior housing project with a new parking ratio of 1.7 parking spaces per unit for a nine (9) acre site within Columbus Square within Planning Area 4 and Planning Area 5 of the MCAS- Tustin Specific Plan (Lot 265 of Tract 16581); B. That a public hearing was duly called, noticed, and held for said application on January 23,2006, by the Planning Commission; C. That the site is located within Tract 16581 previously approved for development of 1,077 residential units including 242 senior housing units within Planning Areas 4 and 5 of the MCAS Tustin Specific Plan, which is designated for Low Density Residential and Medium Density Residential; D. That the Columbus Square project included 266 affordable units including 153 affordable housing units (36 Very Low, 61 Low, and 56 Moderate Income units) in the senior housing project as required by Resolution No. 05-40 for approval of Tentative Tract Map 16581; E. In accordance with Condition 2.2 of Resolution No. 05-40 for approval of Tentative Tract Map 16581, a design review and conditional use permit application for site/architectural design and the parking standard for the senior housing project was submitted; F. Pursuant to the MCAS Tustin Specific Plan and Section 9272 of the Tustin Municipal Code, the Planning Commission finds that the location, size, architectural features, and general appearance of the Resolution 4014 DR 05-019, CUP 05-037 Page 2 E. proposed development will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole. In making such findings, the Commission has considered at least the following items: 1. 2. 3. 4. 5. 6. Height, bulk, and area of buildings. Setbacks and site planning. Exterior materials and colors. Type and pitch of roofs. Size and spacing of windows, doors, and other openings. Towers, chimneys, roof structures, flagpoles, radio and television antennae. Location, height, and standards of exterior illumination. Landscaping, parking area design, and traffic circulation. 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 neighborhood and public thoroughfares. 13. Proposed signage. 14. Development Guidelines and criteria as adopted by the City Council. 7. 8. 9. That the proposed parking ratio of 1.7 parking space per unit for senior housing development will not be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood, 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, in that: 1. In accordance with the submitted parking study affordable senior housing projects have lower parking demand in comparison with the family housing and market rate units that can be accommodated with the proposed 1.7 parking spaces per unit. 2. The Traffic Engineer has determined that the parking analysis contains sufficient technical data to support the conclusion that the proposed parking supply is adequate to serve the proposed development. ~ 3. The proposed ratio of 1.7 parking space per unit was considered to be consistent with the recommendations of the Resolution 4014 DR 05-019, CUP 05-037 Page 3 Urban Land Institute (ULI) and exceeds the recommended ratio by the Institute of Transportation Engineers (lTE). F. On January 16, 2001, the City of Tustin certified the Program Final Environmental Impact Statement/Environmental Impact Report for the Reuse and Disposal of MCAS Tustin (FEIS/EIR). In addition, the City Council certified a separate environmental check list for the Columbus Square project with approval of Tentative Tract Map 16581 which considered the senior housing site and noted that no additional impacts were anticipated. II. The Planning Commission hereby approves Design Review 05-019 and Conditional Use Permit 05-037 for development of a 240 unit senior housing project on a nine (9) acre site and establish parking standards within Planning Area 4 and Planning Area 5 of the MCAS-Tustin Specific Plan (Lot 265 of Tract 16581), subject to the conditions contained in Exhibit A attached hereto. PASSED AND ADOPTED at a regUlar. meeli"ntne ~ us. of the "ustin Commission held on the 23rd day of January. 2006. ~ ~EN ' C? / . ~ . . Cnairperson ¿/úiæld ~~ ELIZABETH A. BINSACK Planning Commission Secretary Planning STATE OF CALIFORNIA) COUNTY OF ORANGE) CITY OF TUSTIN ) I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning Commission Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 4014 duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 23rd day of January, 2006. &ç;~4~~¿ ELIZABETH A. BINSACK Planning Commission Secretary GENERAL (1 ) 1.1 (1 ) 1.2 (1 ) 1.3 (1 ) 1.4 (1 ) 1.5 EXHIBIT A DESIGN REVIEW 05-019 AND CONDITIONAL USE PERMIT 05-037 RESOLUTION NO. 4014 CONDITIONS OF APPROVAL The proposed project shall conform with the Tustin City Code and Tustin guidelines and standards and be consistent with submitted plans for the project date stamped January 23, 2006, 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 consistent with the provisions of the Tustin City Code, and other applicable codes. Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified or prior to the issuance of any building permits for the project, subject to review and approval by the Community Development Department. The subject project approval shall become null and void unless permits for the proposed project are issued and substantial construction is underway within 24 months. All time extensions may be considered if a written request is received within thirty (30) days prior to expiration date. .-------; Approval of Design Review 05-019 and Conditional Use Permit 05-037 is contingent upon the applicant returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the property owner signing and recording with the County Clerk-Recorder a notarized "Notice of Discretionary Permit Approval and Conditions of Approval" form. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. As a condition of approval of Design Review 05-019 and Conditional Use Permit 05-037, 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 SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODE/S (4) DESIGN REVIEW ._--~._~ (5) RESPONSIBLE AGENCY REQUIREMENT (6) LANDSCAPING GUIDELINES (7) PC/CC POLICY *** EXCEPTION Resolution 4014 DR 05-019, CUP 05-037 Page 2 (*) 1.6 (*) 1.7 (*) 1.8 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. As required by Resolution No. 05-40, prior to issuance of the 420th building permit for the production units of the entire Columbus Square project, building permits for the senior housing shall have been issued and the first footing inspection for the senior housing shall have been completed. All conditions of Resolution No. 05-40 related to private on-site infrastructure shall be implemented. The "Affordable Housing Plan and Density Bonus Application" approved for the Columbus Square and Columbus Grove developments shall be amended to include the revised design and location of the affordable housing units provided in the senior housing project. GRADING PLAN SUBMITTAL (1 ) 2.1 Four (4) sets of final grading plans, including a site plan, and consistent with the landscaping plans, as prepared by a registered civil engineer, shall be submitted and shall include the following: A. Technical details and plans for all utility installations including telephone, gas, water, and electricity. Three (3) copies of a precise soils 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. Information demonstrating that all site drainage shall be handled on-site and shall not be permitted to drain onto adjacent properties. Information demonstrating that drainage, vegetation, circulation, street sections, curbs, gutters, sidewalks, and storm drains shall comply with the City of Tustin's "Construction Standards for Private Streets, Storm Drain and On-Site Private Improvements," revised April 1989. Two (2) copies of a hydrology report. Information demonstrating that vehicle parking, primary entrance to the building, primary paths of travel, sanitary facilities, drinking fountain, and public telephones for the recreation building shall be accessible to persons with disabilities. Building and landscape setback dimensions and dimensions for all drive aisles, back up areas, each covered parking stall, and open parking stalls. B. C. D. E. F. G. Resolution 4014 DR 05-019, CUP 05-037 Page 3 (1 ) (1 ) (1 ) (1 ) 2.2 2.3 2.4 2.5 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. Prior to issuance of a grading permit, the applicant shall be required to provide a performance bond to assure grading work is completed in accordance with approved plans. The engineer's estimated cost shall be submitted to the Building Official for determination of the bond amount. A note shall be provided on the final plans indicating that a six (6) foot high chain link fence shall be installed around the site prior to grading. A nylon fabric or mesh shall be attached to the temporary construction fencing. Gated entrances shall be permitted along the perimeter of the site for construction vehicles. BUILDING PLAN SUBMITTAL (3) (3) 3.1 3.2 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 . Details for the proposed windows and doors. . Roofing material shall be fire rated class "B" or better. . The location of any utility vents or other equipment shall be provided on the roof plan. . Details of all proposed lighting fixtures and a photometric study showing the location and anticipated pattern of light distribution of all proposed fixtures. All new light fixtures shall be consistent with the architecture of the building. All exterior lighting shall be designed and arranged as not to direct light or glare onto adjacent properties, including the adjacent streets. Wall- mounted fixtures shall be directed at a 90-degree angle directly toward the ground. All lighting shall be ---,-------- Resolution 4014 DR 05-019, CUP 05-037 Page 4 (1 ) (3) (3) (3) (3) (1 ) (4) 3.3 3.4 3.5 3.6 3.7 3.8 3.9 developed to provide a minimum of one (1) foot-candle of light coverage, in accordance with the City's Security Ordinance. . A note shall be provided on the plans that "All parking areas shall be illuminated with a minimum of one (1) foot-candle of light, and lighting shall not produce light, glare, or have a negative impact on adjacent properties." . Cross-section details showing the installation of the proposed rooftop equipment. Rooftop equipment shall be installed and maintained so as not to be visible from the public right-of-way. An elevation showing rooftop equipment installation related to the height of the parapet and proposed equipment must be identified at plan check submittal and all equipment must be six (6) inches below the top of the parapet, subject to the approval of the Community Development Director. . Noise attenuation features as required by Conditions 14.1 through 14.3 of this Resolution. . Note on plans that no field changes shall be made without prior approval from the Building Official and architect or engineer of record. Sufficiently sized concrete pad in front of mailbox structures shall be provided to allow mail carrier to place mail and homeowner to retrieve mail without standing in the street or landscape area. Vehicle parking, primary entrance to the pool and recreational building, the primary path of travel, sanitary facilities, drinking fountains, and public telephones shall be accessible to persons with disabilities as per State of California Accessibility Standards (Title 24). Parking for disabled persons shall be provided with an additional five (5) foot loading area with striping and ramp; disabled persons shall be able to park and access the building without passing behind another car. At least one (1) accessible space shall be van accessible served by a minimum 96 inch wide loading area. Provide area analysis for all buildings (residences and garages), and show compliance with allowable floor areas based on 2001 California Building Code Chapter 5, Table 5-B. Escape or rescue windows shall be provided in all sleeping rooms, in accordance with the 2001 California Building Code (Section 310.4). Dwelling units shall be provided with heating facilities capable of maintaining a temperature of 70 degrees at a point three (3) feet above the floor in all habitable rooms in accordance with the 2001 California Building Code (Section 310.11). The clear and unobstructed interior garage dimensions for each parking space shall be a minimum of ten (10) feet in width and twenty (20) feet in length and shall be shown on the plans. Information to ensure compliance with requirements of the Orange County Resolution 4014 DR 05-019, CUP 05-037 Page 5 --- Fire Authority shall be submitted including fire flow and installation of fire hydrants subject to approval of the City of Tustin Public Works and/or Irvine Ranch Water District. (1 ) 3.10 If determined feasible by the Building Official, the applicant shall implement one or more of the following control measures, if not already required by the SCAQMD under Rule 403 during construction as follows: a) Apply water twice daily, or chemical soil stabilizers according to manufacturers' specifications, to all unpaved parking or staging areas or unpaved road surfaces at all actively disturbed sites. b) Develop a construction traffic management plan that includes, but is not limited to, rerouting construction trucks off congested streets, consolidating truck deliveries, and providing dedicated turn lanes for movement of construction trucks and equipment on-site and off-site. c) Use electricity from power poles rather than temporary diesel or gasoline-powered generators. d) Reduce traffic speeds on all unpaved roads to 15 mph or less. e) Pave construction roads that have a traffic volume of more than 50 daily trips by construction equipment or 150 total daily trips for all vehicles. f) Apply approved chemical soil stabilizers according to manufacturers' specifications to all inactive construction areas (previously graded areas inactive for four days or more). g) Enclose, cover, water twice daily, or apply approved soil binders according to manufacturers' specifications to exposed piles of gravel, sand, or dirt. h) Cover all trucks hauling dirt, sand, soil, or other loose materials, and maintain at least two (2) feet of freeboard (Le., minimum vertical distance between top of the load and top of the trailer). i) Sweep streets at the end of the day if visible soil material is carried over to adjacent roads (use water sweepers with reclaimed water when feasible ). j) Install wheel washers where vehicles enter and exit unpaved roads onto paved roads or wash off trucks and any equipment leaving the site each trip. k) Use low VOC architectural coatings for all interior and exterior painting operations. Resolution 4014 DR 05-019, CUP 05-037 Page 6 (1 ) 3.11 Add notes that all utilities placed under private streets are located a minimum of 36 inches below grade and revise street cross sections accordingly. PUBLIC WORKS DEPARTMENT (1 ) 4.1 (1 ) 4.2 (1 ) 4.3 (1 ) 4.4 A separate 24" x 36" street improvement plan, as prepared by a California Registered Civil Engineer, shall be required for all construction within the public right-of-way along Edinger Avenue and West Connector Road. Construction and/or replacement of any missing or damaged public improvements will be required adjacent to this development. Said plan shall include, but not be limited to the following: a) Curb and Gutter b) Sidewalk c) Drive aprons d) Catch basin/storm drain laterals/ connection to existing storm drain system e) Domestic water facilities f) Reclaimed water facilities g) Sanitary sewer facilities h) 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 may be required. Preparation of plans for and construction of: a. All sanitary sewer facilities shall be submitted as required by the City Engineer and Irvine Ranch Water District. b. A domestic water system shall be designed and installed to the standards of the Irvine Ranch Water District. The adequacy and reliability of the water system design and the distribution of fire hydrants shall be evaluated. The water distribution system and appurtenances shall also conform to the applicable laws and adopted regulations enforced by the Orange County Health Department. Any required reclaimed water system shall meet the standards as required by the Irvine Ranch Water District. Prior to any work in the public right-of-way, an Encroachment Permit shall be obtained from and applicable fees paid to the Public Works Department. Any damage done to existing street improvements and utilities shall be repaired before issuance of a certificate of Occupancy. Resolution 4014 DR 05-019, CUP 05-037 Page 7 (1 ) 4.5 (1 ) 4.6 (1 ) 4.7 A complete hydrology study and hydraulic calculations shall be submitted for review and approval by the City. In addition to the normal full size plan submittal process, all final development plans including, but not limited to: tract maps, parcel maps, right-of-way maps, records of survey, public works improvements, private infrastructure improvements, final grading plans, and site plans are also required to be submitted to the Public Works Department/Engineering Division in computer aided design and drafting (CADD) format. The standard file format is AutoCAD Release 14 or 2000 having the extension DWG. Likewise, layering and linetype conventions are AutoCAD-based (latest version available upon request from the Engineering Division). In order to interchangeably utilize the data contained in the infrastructure mapping system, CADD drawings must be in AutoCAD "DWG" format (Le., produced using AutoCAD or AutoCAD compatible CADD software). The most current version of AutoCAD is Release 2000. Drawings created in AutoCAD Release 14 are compatible and acceptable. The CADD files shall be submitted to the City at the time the plans are approved and updated CADD files reflecting "as built" conditions shall be submitted once all construction has been completed. The subdivision bonds will not be released until the "as built" CADD files have been submitted. This development shall comply with all applicable provisions of the City of Tustin Water Quality Ordinance and all Federal, State and Regional Water Quality Control Board rules and regulations. Multi-Family Recycling a. The Applicant, Property Owner and/or tenant(s) are required to participate in the City's recycling program. b. Prior to issuance of a building permit, a solid waste recycling plan identifying planned source separate and recycling programs shall be submitted and approved by the City of Tustin Public Works Department. WATER QUALITY (1 ) 5.1 The applicant shall comply with the following conditions pertaining to the requirement for a Water Quality Management Plan: A. Prior to issuance of any permit, 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 Resolution 4014 DR 05-019, CUP 05-037 Page 8 B. (1 ) 5.2 (1 ) 5.3 shall identify the structural and non-structural measures specified detailing implementation of BMPs whenever they are applicable to the project; the assignment of long-term maintenance responsibilities (specifying the developer, parcel owner, maintenance association, lessee, etc.); and, reference to the location(s) of structural BMPs. Prior to submittal of a Water Quality Management Plan (WQMP), the applicant shall submit a deposit of $5,000.00 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. C. Prior to issuance of any permits, the property owner shall record a Notice of Water Quality Management Plan (WQMP) with the County Clerk Recorder on a form provided by the Community Development Department to inform future property owners of the requirement to implement the approved WQMP. D. The Community Development and Public Works Departments shall determine whether any change in use requires an amendment to an approved Water Quality Management Plan. Prior to issuance of grading permits, the applicant shall submit a copy of the Notice of Intent (NOI) indicating that coverage has been obtained under the National Pollutant Discharge Elimination System (NPDES) State General Permit for Storm Water Discharges Associated with Construction Activity from the State Water Resources Control Board. Evidence that the NOI has been obtained shall be submitted to the Building Official. In addition, the applicant shall include notes on the grading plans indicating that the project will be implemented in compliance with the Statewide Permit for General Construction Activities. The following requirements shall be defined on permit plan cover sheets as either general or special notes and the project shall be implemented in accordance with the notes: A. Construction sites shall be maintained in such a condition that an anticipated storm does not carry wastes or pollutants off the site. B. 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 Resolution 4014 DR 05-019, CUP 05-037 Page 9 and 302. C. 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 flake 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 chlorinated potable water line flushing. During construction, 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 requirements. D. 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. MODEL HOME PLAN AND CONSTRUCTION PHASING , ~ (1 ) 6.1 (1 ) 6.2 A site and striping plan for the model home complex shall be submitted for the model homes site shall be submitted for review and approval of the Community Development Department. All required improvements for streets, landscaping, ADA compliance, emergency access, security lighting, etc. shall be installed prior to final inspection for the model homes and the sales office. The developer shall close and convert the model homes to occupancy within 90 days from the last home sale of the same style home. Prior to issuance of building permits for the model homes, the developer shall submit a bond to ensure the conversion. LAN DSCAPING/HARDSCAPE (1 ) 7.1 , .. '" Submit at plan check complete detailed landscaping and irrigation plans for all landscaping areas, including the model complex, consistent with adopted City of Tustin Landscaping requirements. The plans shall include the following: . Include a summary table identifying plan materials. The plant table shall list botanical and common names, sizes, spacing, location, and quantity of the plant materials proposed. Resolution 4014 DR 05-019, CUP 05-037 Page 10 . Show planting and berming details, soil preparation, staking, etc. The irrigation plan shall show location and control of backflow prevention devices, pipe size, sprinkler type, spacing, and coverage. Details for all equipment must be provided. . Show all property lines on the landscaping and irrigation plans, public right-of-way areas, sidewalk widths, parkway areas, and wall locations. . The Community Development Department may request minor substitutions of plant materials or request additional sizing or quantity of materials during plan check. . Add a note that coverage of landscaping and irrigation materials is subject to inspection at project completion by the Community Development Department. . Turf is unacceptable for grades over 25 percent. A combination of planting materials shall be used. On large areas, ground cover alone is not acceptable. . Shrubs shall be a minimum of five (5) gallon size and shall be placed a maximum of five (5) feet on center. . Fences, wall, and equipment areas shall be screened with walls, vines, and/or trees. . All plant materials shall be installed in a healthy vigorous condition typical to the species and shall be maintained in a neat and healthy condition. Maintenance includes, but is not limited to, trimming, weeding, removal of litter, fertilizing, regular watering, and replacement of diseased or dead plants. . Landscape adjacent to the right-of-way shall be in compliance with the requirements of MCAS Tustin Specific Plan. Perimeter walls should be treated with vines to relieve large expanse walls with greenery and color. Vines shall be informally grouped and installed with training devices. (4) 7.2 On-site walls and fences shall be noted on the plans with specific materials, colors, and decorative treatments. Interior wall/fences shall be made of durable materials subject to review and approval of the Community Development Department. AFFORDABLE HOUSING (1 ) 8.1 The subdivider shall comply with the obligations contained in Resolution Resolution 4014 DR 05-019, CUP 05-037 Page 11 No. 05-40 regarding affordable housing units. The senior housing project shall contain a minimum of 153 affordable units including 36 Very Low, 61 Low, and 56 Moderate Income units and at locations depicted on the submitted plans approved on January 23, 2006. PARKING (*) 9.1 The approved parking ratio of 1.7 parking spaces per unit is contingent on the property remaining a condominium senior housing complex for persons of 55 years and older with 153 affordable units. A minimum of 200 one-car garage spaces and 40 carports shall be provided. The project site shall also include a minimum of 130 open guest parking stalls and 28 parallel street parking and six (6) parking spaces assigned for exclusive use of the recreation center staff for a total of 169 open parking spaces. ORANGE COUNTY FIRE AUTHORITY (5) (5) (5) (5) (5) 10.1 Prior to the issuance of any grading, the applicant shall submit a fire hydrant location plan to the Fire Chief for review and approval. 10.2 Prior to the issuance of a building permit, the applicant shall submit evidence of the on-site fire hydrant system to the Fire Chief and indicate whether it is public or private. If the system is private, it shall be reviewed and approved by the Fire Chief prior to building permit issuance, and the applicant shall make provisions for the repair and maintenance of the system in a manner meeting the approval of the Fire Chief. Please contact the OCFA at (714) 573-6100 or visit the OCFA website for a copy of the "Guidelines for Private Fire Hydrant &/or Sprinkler Underground Piping." 10.3 Prior to the issuance of any certificate of occupancy, all fire hydrants shall have a blue reflective pavement marker indicating the hydrant location on the street as approved by the Fire Chief, and must be maintained in good condition by the property owner. Please contact the OCFA at (714) 573- 6100 or visit the OCFA website for a copy of the "Guideline for Installation of Blue Dot Hydrant Markers." 10.4 Prior to the issuance of any grading, the applicant shall provide evidence of adequate fire flow. The "Orange County Fire Authority Water Availability for Fire Protection" form shall be signed by the applicable water district and submitted to the Fire Chief for approval. If sufficient water to meet fire flow requirements is not available an automatic fire extinguishing system may be required in each structure affected. 10.5 Prior to the issuance of building permits, a note shall be placed on the plans stating that all residential structures (R-1 occupancies) and any structure exceeding 6,000 square feet (per amendment) shall be protected by an automatic fire sprinkler system in a manner meeting the approval of the Fire Chief. ~ ------~~~- Resolution 4014 DR 05-019, CUP 05-037 Page 12 (5) (5) (5) (5) (5) (5) 10.6 Prior to the issuance of a building permit, the applicant shall submit plans for any required automatic fire sprinkler system in any structure to the Fire Chief for review and approval. Please contact the OCFA at (714) 573- 6100 for additional information. 10.7 Prior to the issuance of a certificate of occupancy, this system shall be operational in a manner meeting the approval of the Fire Chief. 10.8 Prior to the issuance of any grading or building permits, the applicant shall obtain approval of the Fire Chief for all fire protection access roads to within 150 feet of all portions of the exterior of every structure on site. Please contact the OCFA at (714) 573-6100 or visit the OCFA website to obtain a copy of the "Guidelines for Emergency Access, or Bulletin number 08-99, "Fire Department Access Requirements for A Single Family Residence." 10.9 Prior to the issuance of a precise grading permit or building permit, the applicant shall submit and obtain approval of the Fire Chief and City Staff of plans for all public or private access roads, streets and courts. The plans shall include plan and sectional views and indicate the grade and width of the access road measured flow-line to flow-line. When a dead- end street exceeds 150 feet or when otherwise required, a clearly marked fire apparatus access turnaround must be provided and approved by the Fire Chief. Applicable CC&R'S or other approved documents shall contain provisions which prohibit obstructions such as speed bumps/humps, control gates or other modifications within said easement or access road unless prior approval of the Fire Chief is granted. Please contact the OCFA at (714) 573-6100 or visit the OCFA website to obtain a copy of the "Guidelines for Emergency Access." 10.10 A note shall be placed on the fire protection access easement plan indicating that all street/road signs shall be designed and maintained to be either internally or externally illuminated in a manner meeting approval of the Fire Chief. 10.11 Prior to the issuance of any grading or building permits, the applicant shall submit plans and obtain approval from the Fire Chief for fire lanes on required fire access roads less than 36 feet in width. The plans shall indicate the locations of red curbs and signage and include a detail of the proposed signage including the height, stroke and colors of the lettering and its contrasting background. Please contact the OCFA at (714) 573- 6100 or visit the OCFA website to obtain a copy of the "Guidelines for Emergency Access Roadways and Fire Lane Requirements," or Bulletin 06-99, "Fire Lane Requirements on Private & Public Streets Within Residential Developments." Resolution 4014 DR 05-019, CUP 05-037 Page 13 (5) (5) (5) (5) (5) (5) NOISE (1 ) (1 ) 10.12 Prior to the issuance of any certificate of occupancy, the fire lanes shall be installed in accordance with the approved fire lane plan. The CC&R'S or other approved documents shall contain a fire lane map, provisions prohibiting parking in the fire lanes, and an enforcement method. 10.13 Prior to the issuance of any grading permits, the applicant shall obtain the approval from the Fire Chief for the construction of any gate across required fire department access roads. Please contact the OCFA at (714) 573-6100 or visit the OCFA website to obtain a copy of the "Guidelines for Design and Installation of Emergency Access Gates and Barriers." 10.14 Prior to the issuance of a building permit for combustible construction, the builder shall submit a letter on company letterhead stating that water for fire-fighting purposes and all-weather fire protection access roads shall be in place and operational before any combustible material is placed on site. Building permits will not be issued without OCFA approval obtained as a result of an on-site inspection. Please contact the OCFA at (714) 573- 6100 to obtain a copy of the standard combustible construction letter. 10.15 Prior to the issuance of a building permit, the applicant shall submit architectural plans for the review and approval of the Fire Chief if required per the "Orange County Fire Authority Plan Submittal Criteria Form." Please contact the OCFA at (714) 573-6100 for a copy of the Site/Architectural Notes to be placed on the plans prior to submittal. 10.16 Prior to the issuance of a building permit, plans for the fire alarm system shall be submitted to the Fire Chief for review and approval. Please contact the OCFA at (714) 573-6100 or visit the OCFA website to obtain a copy of the "Guideline for New and Existing Fire Alarm Systems." 10.17 This system shall be operational prior to the issuance of a certificate of occupancy. 11.1 Noise attenuation measures as recommended by the noise analysis shall be included with the construction drawings for plan check, which ensure a minimum outdoor-indoor transmission class (OITC) of 37. The interior and exterior noise levels (including balconies of six feet in width) shall comply with City of Tustin noise requirements. 11.2 In accordance with the noise analysis, all units are required to include air conditioning units or fresh air intake systems to achieve the minimum interior noise level standards shall have these units installed prior to issuance of a Certificate of Occupancy. Prior to final inspection and issuance of certificates of use and occupancy, the developer shall provide an independent noise analysis verifying that interior noise levels comply with Title 25 and City noise requirements. Resolution 4014 DR 05-019, CUP 05-037 Page 14 (1 ) 11.3 The perimeter sound walls are included as part of the master wall plans for Columbus Square currently under review. ENVIRONMENTAL (1 ) 12.1 Additional measures related to development of this project as noted in the adopted EIS/EIR and are not previously identified in this exhibit as a condition of approval are required as follows: A. FEES (1)(5) 13.1 Prior to issuance of any permits, the developer shall retain a County-certified archaeologist. If buried resources are found during grading within the reuse plan area, a qualified archaeologist would need to assess the site significance and perform the appropriate mitigation. The Native American viewpoint shall be considered during this process. This could include testing or data recovery. Native American consultation shall also be initiated during this process. C. The developer shall comply with the requirements established in a Palentological Resource Management Plan (PRMP) prepared for the site, which details the methods to be used for surveillance of construction grading, assessing finds, and actions to be taken in the event that unique paleontological resources are found. D. Prior to the issuance of any permit, the applicant shall provide written evidence to the Community Development Department that a County-certified paleontologist has been retained to conduct salvage excavation of unique paleontological resources if they are found. E. Prior to issuance of any permit, the developer shall provide traffic operations and control plans that would minimize the traffic impacts of proposed construction activity. The plans shall address roadway and lane closures, truck hours and routes, and notification procedures for planned short-term or interim changes in traffic patterns. Such plans shall minimize anticipated delays at major intersections. Prior to approval, the City of Tustin or the City of Irvine, as applicable, shall review the proposed traffic control and operations plans with any affected jurisdiction. 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. Resolution 4014 DR 05-019, CUP 05-037 Page 15 (1 ) a. Building plan check and permit fees to the Community Development Department based on the most current schedule at the time of permit issuance. b. Engineering plan check and permit fees to the Public Works Department based on the most current schedule at the time of permit issuance. c. Orange County Fire Authority plan check and inspection fees to the Community Development Department based upon the most current schedule at the time of permit issuance. d. Major Thoroughfare and Bridge Fees to the Tustin Public Works Department based on the most current schedule at the time of permit issuance. e. Transportation System Improvement Program (TSIP), Benefit Area "B" fees in the amount of $3.31 per square foot of new or added gross square floor area of construction or improvements to the Community Development Department. f. Water and sewer connection fees to the Irvine Ranch Water District. g. h. New development tax is $350.00 per unit. School facilities fee in the amount as required by Tustin Unified School District. i. Other applicable parkland in-lieu fees and Tustin Legacy Backbone Infrastructure Program fees as required by Resolution No. 05-40. 13.2 Within forty-eight (48) hours of final approval of the project, the applicant shall deliver to the Community Development Department, a CASHIER'S CHECK payable to the County Clerk in the amount of forty-three dollars ($43.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period that applicant has not delivered to the Community Development Department the above-noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened. ~,