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HomeMy WebLinkAboutPC RES 4414 DocuSign Envelope ID: E9121FOC-DC05-45D1-9E06-BC1ADF2481374 RESOLUTION NO. 4414 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING DESIGN REVIEW 2019-00016, CONDITIONAL USE PERMIT 2019-00017, CONDITIONAL USE PERMIT 2020-0017, AND LOT LINE ADJUSTMENT 2020-0001 TO CONSOLIDATE FOUR (4) PARCELS INTO ONE (1) PARCEL TO ESTABLISH A CONVENIENCE STORE WITH A SIX (6) ISLAND/TWELVE (12) PUMP SERVICE STATION AND AUTHORIZE SHARED PARKING BETWEEN LOTS THROUGH JOINT-USE PARKING AT 16791 MCFADDEN AVENUE & 16801 MCFADDEN AVENUE 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 (DR) 2019-00016, Conditional Use Permit (CUP) 2019-00017, CUP 2020-0017, and Lot Line Adjustment (LLA) 2020-0001 has been submitted by Peter Gonzales of 7-Eleven, Inc., requesting authorization to establish a convenience store with a six (6) island/twelve (12) pump service station at 16791 McFadden Avenue & 16801 McFadden Avenue. B. That the development application includes the following requests: 1. DR 2019-00016 & CUP 2019-00017 to authorize the design and site layout of a new 4,212-square-foot convenience store with a six (6) island/twelve (12) pump service station. 2. CUP 2020-00017 to authorize shared parking between lots through joint- use parking. 3. LLA 2020-0001 to consolidate four (4) parcels into one (1) parcel. C. That the subject property is located within the Retail Commercial (Cl) with Combining Parking (P)zoning district where a variety of commercial uses are authorized. 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. D. That pursuant to Tustin City Code (TCC) Section 9232b10., convenience stores are permitted subject to approval of a CUP. E. That pursuant to TCC Section 9232b25., service stations are permitted subject to approval of a CUP. DocuSign Envelope ID: E9121FOC-DC05-45D1-9EO6-BC1ADF2481374 Resolution No. 4414 Page 2 F. That pursuant to TCC Section 9264a, parking facilities may be used jointly for nonresidential uses with different peak hours of operation subject to approval of a CUP. G. That a public hearing was duly called, noticed, and held on said application on December 22, 2020, by the Planning Commission. H. That the location, size, and general appearance of the proposed project, as conditioned, is compatible with the surrounding area in that the proposed improvements, including the canopy, are proportionately sized to the site. The proposal will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole. In making such findings, the Planning Commission has considered at least the following items: 1. Height, bulk, and area of proposed structures. 2. Setbacks and site planning. 3. Exterior material and colors. 4. Type and pitch of roofs. 5. Size and spacing of windows, doors, and other openings. 6. Roof structures. 7. Location, height and standards of exterior illumination. 8. Landscaping, parking area design and traffic circulation. 9. Location and appearance of equipment located outside an enclosed structure. 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 area and public thoroughfares. 13. Development guidelines and criteria as adopted by the City Council. DocuSign Envelope ID: E9121FOC-DC05-45D1-9E06-BC1ADF2481374 Resolution No. 4414 Page 3 I. That the establishment, maintenance, and operation of the proposed convenience store with a six (6) island/twelve (12) pump service station will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use, nor be 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. hat:1. The proposed use, as conditioned, would not be detrimental to surrounding properties in that the scope of operations for the proposed service station would be compatible and consistent with the uses in the area. 2. The proposed use is not anticipated to result in parking impacts subject to approval of the CUP for joint use parking. Parking for the subject use would be limited to spaces available on-site through the development and maintenance of thirty-three (33) parking spaces. 3. The proposed use, as conditioned, would not create a noise impact to the surrounding neighborhood since the service station would be subject to the Tustin Noise Ordinance and General Plan Noise Element. 4. The proposed hours of operation of the business are the same as the existing 7-Eleven convenience store. The proposed use will not be detrimental to the surrounding properties in that the site as there are other commercial uses in the surrounding area. J. That the establishment, maintenance, and operation of the proposed joint- use parking will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use, nor be 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. hat:1. The site is proposed to be improved with a 4,212-square-foot convenience store and a six (6) pump island service station and would provide thirty- three (33) on-site parking spaces. 2. Pursuant to TCC Section 9263g, the off-street parking requirements for a 4,212-square-foot convenience store and a six (6) pump island service station would result in an off-street parking requirement of twenty-three (23) parking spaces. Additionally, twenty (20) parking spaces are committed to the property at 15732 Tustin Village Way for seasonal DocuSign Envelope ID: E9121FOC-DC05-45D1-9E06-BC1ADF2481374 Resolution No. 4414 Page 4 overflow parking, resulting in a deficit of parking based on the requirements presented in the TCC. 3. A Parking Demand Analysis dated June 15, 2020, was prepared by a licensed traffic engineer (Keil D. Maberry, PE) in accordance with TCC Section 9264a. 4. A Parking Demand Analysis determined the peak demand for the convenience store and service station and seasonal overflow parking is twenty-seven (27) spaces and a total of thirty-three (33) spaces will be provided on-site. Therefore, the Parking Demand Analysis finds that adequate parking is available and no substantial conflict will exist in the peak hours of parking demand for the office complex for the proposed uses. 5. The Parking Study has been reviewed and accepted by the City's Traffic Engineer for methodology and accuracy. 6. Any change in use would require review and approval by the Community Development Department. 7. All of the on-site parking spaces are designated forjoint use for which they are intended. 8. The proposed use, as conditioned, will not have a negative effect on surrounding properties or impact traffic based on the availability of parking in that sufficient parking would be available on-site. K. That as conditioned, the proposal would be in conformance with the State Subdivision Map Act and TCC Section 9323 (Subdivision Code) in that: 1. The proposal is eligible for processing as a lot line adjustment pursuant to Section 66412(d) of the California Subdivision Map Act. 2. Only four (4) or fewer existing, adjoining parcels are involved. 3. No greater number of parcels will result from LLA 2020-0001. 4. The resultant parcels will meet the requirements of the City of Tustin Zoning Code. 5. The Public Works Engineering Division has reviewed LLA 2020-0001 and found it to be technically correct. DocuSign Envelope ID: E9121FOC-DC05-45D1-9E06-BC1ADF2481374 Resolution No. 4414 Page 5 L. This project is categorically exempt from further environmental review pursuant to the California Environmental Quality Act (CEQA) Section 15332, Class 32, "In-Fill Development Projects". II. The Planning Commission hereby approves DR 2019-00016, CUP 2019-00017, CUP 2020-0017, and LLA 2020-00011 for the establishment of a convenience store with a six (6) island/twelve (12) pump service station at 16791 McFadden Avenue & 16801 McFadden Avenue. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 22nd day of December, 2020. DocuSigned by- AMY MASON Chairperson Docusigned by: -4.0 It�i Q Qk s�uu ED45DA2623B54A5... JUSTINA L. WILLKOM Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Justina L. Willkom, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4414 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 22nd day of December, 2020. PLANNING COMMISSIONER AYES: Chu, Jha, Kozak, Mason (4) PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: Docusigned by: -4.0 It�i Q Qk s�uu ED45DA2623B54A5... JUSTINA L. WILLKOM Planning Commission Secretary DocuSign Envelope ID: E9121FOC-DC05-45D1-9EO6-BC1ADF2481374 EXHIBIT A CONDITIONS OF APPROVAL DR 2019-00016, CUP 2019-00019, CUP 2020-00017, LLA 2020-0001 16791 MCFADDEN AVENUE & 16801 MCFADDEN AVENUE GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped December 22, 2020, on file with the Community Development Department, as herein modified, oras modified by the Community Development Director in accordance with this Exhibit. The Community Development Director may also approve subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code (TCC). (1) 1.2 This approval shall become null and void unless substantial construction is underway within twelve (12) months of the date of this Exhibit. Time extensions may be granted if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.3 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) 1.4 Approval of Design Review (DR) 2019-00016, Conditional Use Permit (CUP) 2019-00017, CUP 2020-0017, and Lot Line Adjustment (LLA) 2020-0001 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 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. (1) 1.5 Any violation of any of the conditions imposed is subject to issuance of an administrative citation pursuant to TCC 1162(a). SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENTS (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTIONS (1) 1.6 CUP 2019-00017 and/or CUP 2020-0017 may be reviewed annually or DocuSign Envelope ID: E9121FOC-DC05-45D1-9EO6-BC1ADF2481374 Exhibit A Resolution No. 4414 DR 2019-00016, CUP 2019-00017, CUP 2020-0017, LLA 2020-0001 Page 2 more often, if deemed necessary by the Community Development Department, to ensure compatibility with the area and compliance with the conditions contained herein. If the use is not operated in accordance with the conditions of approval or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the Community Development Director may impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the CUP(s). (1) 1.7 If in the future the City's Community Development Director, Police Chief, and/or Public Works Department determine that a parking or on-site circulation problem exists on the site or in the vicinity as a result of the facility, the Community Development Director, Police Chief, and/or Public Works Department may require that the applicant prepare parking demand analysis or traffic study, the applicant shall bear all associated costs. If said study indicates that there is inadequate parking or a traffic problem, the applicant shall be required to provide measures to be reviewed and approved by the Community Development Department, Police Chief, and/or Public Works Department. Said measures may include, but are not limited to, the following: A. Reconfigure on-site circulation; B. Installation of additional traffic and/or directional signage; and/or C. Provide additional parking. (1) 1.8 As a condition of approval of DR 2019-00016, CUP 2019-00017, CUP 2020-0017, and LLA 2020-0001, the applicant shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision-making body, including staff, concerning this project. The City agrees to promptly notify the applicant of any such claim or action filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in defense of any such action under this condition. DocuSign Envelope ID: E9121FOC-DC05-45D1-9EO6-BC1ADF2481374 Exhibit A Resolution No. 4414 DR 2019-00016, CUP 2019-00017, CUP 2020-0017, LLA 2020-0001 Page 3 (1) 1.9 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney's fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. DESIGN AND ARCHITECTURE (1) 2.1 Project materials shall substantially comply with those identified in the approved plans. Additional color and material samples may be requested by City staff at the time of plan check. Substitutions to the approved materials may occur subject to the approval of the Community Development Director. Enhancements to the architectural detailing may be required at the time of plan check based on the proposed materials. *** 2.2 All roof access shall be provided from inside the building. *** 2.3 All rooftop mounted equipment shall be installed so as not to be visible from the public right-of-way and parking lot areas and in accordance with approved plans. No rooftop mounted equipment shall be visible from public view. Compliance with this condition shall be verified at plan check and at field inspection. *** 2.4 No exterior downspouts shall be permitted. All roof drainage shall utilize interior piping and may have exterior outlets into landscape areas at the base of the building and/or vehicular areas at the curb face. Alternative design and locations shall be subject to review and approval of the Community Development Department. Any roof scuppers shall be installed with a special lip device so that overflow drainage will not stain the walls. (1) 2.5 All exposed metal flashing or trim shall be painted to match the building. (1) 2.6 Reinforced Cinder Block Walls A. The applicant shall construct a thirty-six (36) inch high block wall in the parking lot planter area along the north property line. This wall shall be constructed with cinder block, reinforced and with each void filled with concrete. B. The applicant shall reconstruct and/or modify the existing block wall along the west property line to be constructed with cinder block, reinforced and with each void filled with concrete. This reinforcement requirement shall apply to the DocuSign Envelope ID: E9121FOC-DC05-45D1-9E06-BC1ADF2481374 Exhibit A Resolution No. 4414 DR 2019-00016, CUP 2019-00017, CUP 2020-0017, LLA 2020-0001 Page 4 first twenty (20) linear feet of wall as measured from the south property line. (1) 2.7 The clear width in front of the entry doors shall be a minimum of sixty (60) inches plus the width of the door leaf in a fully open position. (1) 2.8 Storefront windows and doors on the west elevation shall be clear, transparent and shall not be frosted or covered. (1) 2.9 All utility services serving the site shall be installed and maintained underground. (4) 2.10 Utility meters located outside of the building shall be screened with landscaping to the greatest extent possible. Electrical transformers shall be in areas with room for landscape screening to be planted outside the required access space. (***) 2.11 Adequate lighting shall be provided to illuminate the fueling area, subject to Community Development Department review and approval. Said lighting shall meet requirements set forth in the Building Security and California Fire Codes. Lights for illuminating the site or advertising the facility shall be located in such a manner so as to contain all direct rays upon the subject property. Fixtures and illumination levels shall require the approval of the Community Development Department. LANDSCAPE (6) 3.1 Landscaped areas shall be maintained and watered and all dead plant material is to be removed and replaced by the property owner. The landscaping is to be installed in accordance to the City of Tustin Water Efficient Landscape Ordinance. (6) 3.2 At plan check, complete detailed landscaping and irrigation plans for all landscaping areas are required, consistent with the approved landscape plans, City Council Ordinance 1465, adopted Guidelines for Implementation of Tustin's Water Efficient Landscape Ordinance and TCC Section 9266e. (4) 3.3 Backflow devices and double detector checks shall be painted to match surrounding landscaping when in planters or painted to match the building when located adjacent to a building. Landscaping shall be utilized to screen the devices where possible. DocuSign Envelope ID: E9121FOC-DC05-45D1-9E06-BC1ADF2481374 Exhibit A Resolution No. 4414 DR 2019-00016, CUP 2019-00017, CUP 2020-0017, LLA 2020-0001 Page 5 USE RESTRICTIONS (***) 4.1 A total of thirty-three (33) on-site parking spaces shall be maintained at all times. Any changes to the number of parking spaces, parking lot and/or circulation, and/or services provided require review and approval of the Community Development Director and may require an amendment to the joint use parking study. (1) 4.2 All business activity, sales, displays or other business activities related to the convenience store shall be conducted entirely within the subject building. (7) 4.3 "No Loitering" signage shall be posted on the site. (1) 4.4 All requirements of the City's Noise Ordinance shall be met at all times. (***) 4.5 Business hours are 24-hours, Monday through Sunday. (1) 4.6 All litter shall be removed from the exterior areas around the premises including public sidewalk areas, landscape areas and parking areas, no less frequently than once each day. (1) 4.7 The gas station shall provide water and air, at no cost and available 24 hours a day. All air hoses shall be equipped with operating instructions and accurately calibrated gauges. (***) 4.8 The property owner and tenant shall submit signed written authorization granting the Police Department permission to enforce trespassing laws. (7) 4.9 The business owner shall install and maintain a video surveillance system to monitor all doors, public areas of the premises, and parking areas and shall make the video available to the Police Department. A. Electronic copies of videos shall be made available to the Police Department within 48 hours of request. B. Digital recording shall be made available for viewing on- scene upon request by a Police Officer. C. The business shall retain video surveillance for at least one (1) month. D. All video surveillance cameras must record in color, with digital recording to DVR and able to record in low-light. DocuSign Envelope ID: E9121FOC-DC05-45D1-9EO6-BC1ADF2481374 Exhibit A Resolution No. 4414 DR 2019-00016, CUP 2019-00017, CUP 2020-0017, LLA 2020-0001 Page 6 E. All managers and employees shall be trained to access video recordings in order to provide recordings to law enforcement personnel. (***) 4.10 If there is a marked or noticeable increase in the number of police- related incidents on or near the premises, as such increase may be determined by the Chief of Police, the applicant may be required to provide state-licensed, uniformed security guards at a number determined by the Chief of Police. (1) 4.11 No outdoor storage is permitted nor display of materials shall be permitted except as allowed by the Tustin City Code (TCC). (7) 4.12 Storage and/or advertising of vehicles for sale or lease is not permitted. (1) 4.13 The subject property shall be maintained in a safe, clean and sanitary condition at all times. The property owners shall be responsible for the daily maintenance and up-keep of the businesses, 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. Any graffiti painted or marked upon the premises or any adjacent area under control of the property owner or the business shall be removed or painted within 24 hours of being applied. (7) 4.14 Restrooms shall be located within the approved structure with entrances or signage clearly visible from the cashier area inside the convenience store. Restrooms shall be provided to the public at no cost and available during all hours of operation. The restrooms shall be maintained in a clean and sanitary condition. (1) 4.15 If pay telephones are provided, they shall be located within the approved structure. The pay phones shall be programmed to prohibit incoming calls. The location of pay phones outside the convenience store is prohibited. (1) 4.16 Public address systems shall never be used in outdoor areas. (5) 4.17 Truck circulation patterns and positions for tank filling shall not conflict with critical customer circulation patterns or cause a potential for stacking overflow onto a street. DocuSign Envelope ID: E9121FOC-DC05-45D1-9E06-BC1ADF2481374 Exhibit A Resolution No. 4414 DR 2019-00016, CUP 2019-00017, CUP 2020-0017, LLA 2020-0001 Page 7 LOT LINE ADJUSTMENT (5) 5.1 The applicant shall record a new deed reflecting LLA No. 2020-0001, concurrent with recording the subject LLA with associated exhibits, with the Recorder's Office of Orange County, California prior to permit issuance. (***) 5.2 The applicant shall record a modified access easement, to the benefit of the property located at 15761 Tustin Village Way, to accommodate the new structures prior to permit issuance. This will require preparation of a separate instrument abandoning the old alignment and showing a new alignment for the easement. PLAN SUBMITTAL (5) 6.1 All construction shall comply with 2019 California Building Code, California Mechanical Code, California Electrical Code, California Plumbing Code, California Green Code and California Energy Code. (3) 6.2 All construction shall comply with all applicable requirements of CBC 2019, chapter 11 B, accessibility requirements within the site and the building and at the gas pumps. (3) 6.3 Accessible parking spaces shall comply with CBC 11 B-208.2.4 and 11B-502. For total number of parking spaces proposed; one van accessible parking space (twelve feet wide) and one standard accessible space (nine feet wide) is required. The access aisle shall be on the passenger side of the van accessible space. (3) 6.4 All lighting and building locking devices added to the premises shall meet those requirements as set forth in the Building Security and California Fire Codes. (3) 6.5 Trash enclosures shall have a solid roof or awning and shall be enclosed by masonry walls with access which effectively obscures the contents placed within the enclosure. Trash enclosures with only enough space for dumpsters used as a point of waste disposal only are not employee workplaces; however, they are part of the facility on the site and as such, must have an accessible route to it, similar to common area facilities such as storage rooms. The accessible route may terminate at a complying door with strike edge clearance and complying hardware, but entry to the enclosure itself is not required. The dumpsters themselves are not regulated by CBC Chapter 11 B. DocuSign Envelope ID: E9121FOC-DC05-45D1-9E06-BC1ADF2481374 Exhibit A Resolution No. 4414 DR 2019-00016, CUP 2019-00017, CUP 2020-0017, LLA 2020-0001 Page 8 (3) 6.6 One drinking fountain is required per California Plumbing Code Chapter 4. (3) 6.7 Provide automatic fire sprinklers per chapter 9 of CBC for new construction. (3) 6.8 Comply with California Green Building, section 5.106.5.3 to facilitate future installation and use of EV chargers. (3) 6.9 Comply with California Energy Code, section 110.10 mandatory requirements for solar ready buildings. (3) 6.10 Provide bicycle parking per 2019 Cal Green section 5.106.4.1. GRADING AND DRAINAGE (5) 7.1 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. (1) 7.2 Prior to issuance of any permits, the applicant shall submit for approval by the Community Development and Public Works Departments, a Priority Water Quality Management Plan (WQMP). If the WQMP has been determined to be a Priority WQMP, it shall identify Low Impact Development (LID) principles and Best Management Practices (BMPs) that will be used on-site to retain storm water and treat predictable pollutant run-off. The Priority WQMP shall identify: the implementation of BMPs, the assignment of long-term maintenance responsibilities (specifying the developer, parcel owner, maintenance association, lessees, etc.), and reference to the location(s) of structural BMPs. (1) 7.3 Prior to submittal of a Water Quality Management Plan (WQMP), the applicant shall submit a deposit of $2,700.00 to the Public Works Department for the estimated cost of reviewing the WQMP. (1) 7.4 Prior to issuance of any permits, the applicant shall record Covenant and Agreement Regarding O & M Plan to Fund and Maintain Water Quality BMPs, Consent to Inspect, and Indemnification" with the County Clerk- Recorder. This document shall bind current and future owner(s) of the property regarding implementation and maintenance of the structural and non-structural BMPs as specified in the approved WQMP. STREET IMPROVEMENT CONDITIONS (***) 8.1 The applicant shall submit to the Public Works Department 24" x 36" reproducible street improvement plans, as prepared by a California DocuSign Envelope ID: E9121FOC-DC05-45D1-9EO6-BC1ADF2481374 Exhibit A Resolution No. 4414 DR 2019-00016, CUP 2019-00017, CUP 2020-0017, LLA 2020-0001 Page 9 Registered Civil Engineer, for approval. The plans shall clearly show existing and proposed surface and underground improvements, including construction and/or replacement of any missing or damaged public improvements adjacent to this development, including but not limited to: A. Design and construct a five (5) foot sidewalk along project frontage along Tustin Village way. B. Remove and reconstruct the commercial driveway aprons on Tustin Village Way and McFadden Avenue to the must current City of Tustin Public Works Standards and the most current Federal Americans with Disabilities Act (ADA) requirements. The proposed westerly driveway apron on McFadden Avenue may require the applicant to remove and replace an existing manhole improvement to accommodate the new ADA compliant driveway apron. C. Remove the driveway aprons on McFadden Avenue as shown on the approved site plan. Design and construct full height curb & gutter and sidewalk to the must current City of Tustin Public Works Standards and the most current Federal Americans with Disabilities Act (ADA) requirements. D. Remove and reconstruct sidewalk along project frontage on McFadden Avenue. E. Existing and proposed water improvements. Plans must follow the latest City of Tustin Water Standards and the American Water Works Association (AWWA) guidelines. In case of a conflict, the City of Tustin Water Standards shall prevail. F. Existing and proposed utility improvements in the public right- of-way. (1) 8.2 Prior to issuance of an Encroachment Permit for construction within the public right-of-way, a 24" x 36" construction area traffic control plan, as prepared by a California Registered Traffic Engineer, or Civil Engineer experienced in this type of plan preparation, shall be prepared and submitted to the Public Works Department for approval. (5) 8.3 Current Federal Americans with Disabilities Act (ADA) requirements shall be met at the drive aprons and sidewalk along the project frontage on Tustin Village Way. The applicant shall design and construct a five (5) foot sidewalk along project frontage along Tustin Village Way and DocuSign Envelope ID: E9121FOC-DC05-45D1-9E06-BC1ADF2481374 Exhibit A Resolution No. 4414 DR 2019-00016, CUP 2019-00017, CUP 2020-0017, LLA 2020-0001 Page 10 provide applicable sidewalk obstruction transition at existing power pole. The applicant shall dedicate 2-foot sidewalk easement and the appropriate easement for the obstruction transition. Prior to issuance of Building Permit, the applicant shall submit legal description and sketch as prepared by a California Registered Civil Engineer or California Licensed Land Surveyor to the Engineering Division for review and approval. (5) 8.4 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. (***) 8.5 Prior to issuance of a Building Permit, an Encroachment Permit shall be obtained to restripe the right-of-way median to allow left turns on McFadden Avenue. The applicant shall submit engineered signing and striping plans with an applicable plan check deposit for review and approval. Please note that this would be at the cost of the Applicant. (***) 8.6 Prior to issuance of a Building Permit, the applicant shall grant in Fee Title of the triangular piece along the property frontage on McFadden plus the appropriate corner cut-off (if applicable), at no cost to the City. The applicant shall submit a legal description and sketch of the area to the Public Works Department for review and approval, as prepared by a California Registered Civil Engineer or California Licensed Land Surveyor. WATER QUALITY CONDITIONS (5) 9.1 In accordance with the plans, a backflow prevention device may be required to protect the public water system from cross connections. A. An easement for public utility access purposes must be dedicated to the City of Tustin for the double check detector assembly (DCDA). The easement shall start from the public right-of-way up to the DCDA with a minimum distance of five (5) feet all around the DCDA to allow for unobstructed access, inspection, testing, and maintenance. B. If a building sprinkler system is required by the Orange County Fire Authority (OCFA), the applicant shall be required to provide a backflow prevention device at his or her expense to prevent cross contamination with the public water system. DocuSign Envelope ID: E9121FOC-DC05-45D1-9E06-BC1ADF2481374 Exhibit A Resolution No. 4414 DR 2019-00016, CUP 2019-00017, CUP 2020-0017, LLA 2020-0001 Page 11 C. If the applicant proposes to use an irrigation system, then a separate water meter may be required. If this is the case, a reduced pressure principle assembly (RPPA) shall be required to prevent cross-connection with the public water system. (5) 9.2 Any easements for construction and maintenance of public water facilities within private property shall be reviewed and approved by the Public Works Department prior to recordation with the Orange County Clerk-Recorder. The applicant shall submit a legal description and sketch of the area to the Public Works Department for review and approval, as prepared by a California Registered Civil Engineer or California Licensed Land Surveyor. (1) 9.3 The applicant is responsible for all costs related to the installation, upgrade, alteration, relocation or abandonment of all existing City of Tustin public water facilities affected by the proposed project. (5) 9.4 The adequacy of a proposed water system plan for a proposed development project, including the number, size and distribution of fire hydrants, must be reviewed by the Orange County Fire Authority (OCFA). Plans meeting OCFA fire protection requirements must be stamped and approved by that agency. (5) 9.5 The proposed domestic water system plans must conform to all applicable regulations enforced by the Orange County Health Department. WASTE AND RECYCLING (1) 10.1 Construction and Demolition Waste Recycling and Reduction Plan (WRRP) The applicant/contractor is required to submit a WRRP to the Public Works Department. The WRRP must indicate how the applicant will comply with the City's requirement (TCC Section 4351, et al) to recycle at least sixty-five (65)percent of the project waste material or the amount required by the California Green Building Standards Code. A. The applicant will be required to submit a fifty-dollar ($50.00) application fee and a cash security deposit in the amount of five (5) percent of the project's valuation as determined by the Building Official, rounded to the nearest thousand. The deposit amount will be collected in accordance with the TCC. DocuSign Envelope ID: E9121FOC-DC05-45D1-9E06-BC1ADF2481374 Exhibit A Resolution No. 4414 DR 2019-00016, CUP 2019-00017, CUP 2020-0017, LLA 2020-0001 Page 12 B. Prior to issuance of any permit, the applicant shall submit the required security deposit in the form of cash, cashier's check, personal check, or money order made payable to the "City of Tustin". (1) 10.2 Facility Solid Waste Collection and Recycling Plan A. The applicant, property owner, and/or tenant(s) are required to participate in the City's recycling programs. B. Waste and Recycling collection facilities shall be equally and readily accessible by the property owner(s) or tenant(s). C. Waste and Recycling collection facilities must be placed in a location that can be easily and safely accessed by the solid waste hauler while utilizing either front loader or side loading equipment. D. Adequate collection capacity shall be provided to ensure that collection frequency shall not exceed four times per week for commercial customers. E. All trash enclosures shall be designed with roof and be able to accommodate at least two 4-yard bins, with at least one (1) bin reserved for recyclable materials. Space for a container for organics is also required as described in Section 18F below. F. All developments are required to provide space for the collection of organic materials. Organics are collected in 35- gallon and 65-gallon wheeled carts, and 2-yard bins. The size of the organics container will be dependent upon the use and size of the building. Organics can be collected six (6) days per week to minimize the space required for a container. MISCELLANEOUS CONDITIONS (1) 11.1 The applicant shall satisfy dedication and/or reservation requirements as applicable, including, but not limited to, dedication in Fee Title of all required street rights-of-way; dedication of all required flood control right- of-way easements; and dedication of vehicular access rights, sewer easements, and water easements defined and approved as to specific locations by the City Engineer (at no cost to the City) and/or other agencies DocuSign Envelope ID: E9121FOC-DC05-45D1-9E06-BC1ADF2481374 Exhibit A Resolution No. 4414 DR 2019-00016, CUP 2019-00017, CUP 2020-0017, LLA 2020-0001 Page 13 (5) 11.2 Prior to issuance of any permit, the applicant shall submit an 8 '/2" x 11" street address map exhibit (for proposed water meter) to the Public Works Department for review and approval. The address map exhibit shall be in portable document format (PDF) and shall include the site plan, footprint of building(s), and streets. (1) 11.3 CADD Requirements - In addition to the normal full-size map and plan submittal, all final maps and 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 shall be submitted to the Public Works Department in computer aided design and drafting (CADD) format to the satisfaction of the City Engineer. The standard file format is AutoCAD Release 2009, or latest version, having the extension". All layering and Iinotype conventions are AutoCAD-based (latest version available upon request from the Public Works Department). The CADD files shall be submitted to the City at the time plans are approved, and updated CADD files reflecting "as built" conditions shall be submitted once all construction has been completed. No project bonds will be released until acceptable "as built" CADD files have been submitted to the City. (5) 11.4 Prior to issuance of a Building Permit(s), payment of the most current Major Thoroughfare and Bridge Fees (for the Foothill/Eastern Transportation Corridor Agency (TCA)) to the City of Tustin (through the Public Works Department) shall be required. The fee rate schedule automatically increases on July 1St of each year. (5) 11.5 Prior to issuance of a Building Permit(s), the applicant shall provide written approval from the Orange County Sanitation District (OCSD) for sanitary sewer service connections. (1) 11.6 Any damage done to existing public street improvements and/or utilities shall be repaired to the satisfaction of the City Engineer before acceptance of the tract and/or issuance of a Certificate of Occupancy for the development on any parcel within the subdivision. ORANGE COUNTY FIRE AUTHORITY (1) 12.1 Prior to issuance of a precise grading permit or a building permit, if a grading permit is not required, the applicant shall submit and obtain approval for the following: A. Dispensing from underground storage tank (service code PR305- 310). DocuSign Envelope ID: E9121FOC-DC05-45D1-9E06-BC1ADF2481374 Exhibit A Resolution No. 4414 DR 2019-00016, CUP 2019-00017, CUP 2020-0017, LLA 2020-0001 Page 14 B. Refrigerant system (service code PR340) if refrigerant is greater than 220 pounds of Group Al or 30 pounds of any other group. C. Liquid carbon dioxide system for beverage dispensing (service code PR350) if carbon dioxide is greater than 100 pounds. (1) 12.2 Specific submittal requirements may vary from those listed above depending on actual project conditions identified or present during design development, review, construction, inspection, or occupancy. Standard notes, guidelines, submittal instructions, and other information related to plans reviewed by the Orange County Fire Authority (OCFA) may be found by visiting www.ocfa.org and clicking on "Business 4 Planning & Development Services" in the menu bar at the top of the screen. (1) 12.3 Temporary/Final Occupancy Inspections: Prior to issuance of temporary or final certificate of occupancy, all OCFA inspections shall be completed to the satisfaction of the OCFA inspector and be in substantial compliance with codes and standards applicable to the project and commensurate with the type of occupancy (temporary or final) requested. Inspections shall be scheduled at least five days in advance by calling OCFA Inspection Scheduling at (714) 573-6150. FEES (1) 13.1 Prior to issuance of each building permit, payment shall be made of all applicable fees, including but not limited to, the following. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. A. Building plan check and permit fees to the Community Development Department based on the most current schedule 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. OCFA plan check and inspection fees to the Community Development Department based upon the most current schedule at the time of permit issuance. DocuSign Envelope ID: E9121FOC-DC05-45D1-9EO6-BC1ADF2481374 Exhibit A Resolution No. 4414 DR 2019-00016, CUP 2019-00017, CUP 2020-0017, LLA 2020-0001 Page 15 D. Payment of Major Thoroughfare and Bridge Fees to the Tustin Public Works Department are required at the time a building permit is issued. E. Water and sewer connection fees to the Irvine Ranch Water District. F. New construction fee in the amount of ten cents ($0.10) per square foot. G. School facilities fee in the amount as required by Tustin Unified School District. (1) 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 fifty dollars ($50.00) 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.