HomeMy WebLinkAboutCC RES 06-59
RESOLUTION NO. 06-59
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN APPROVING TENTATIVE PARCEL MAP
2006-103 TO CREATE A MAP FOR CONDOMINIUM
PURPOSES TO ACCOMMODATE A 66,579 SQUARE
FOOT OFFICE DEVELOPMENT AT 1412 AND 1432
EDINGER AVENUE, ALSO KNOWN AS LOT 2 OF LOT
LINE ADJUSTMENT 05-02
The City Council of the City of Tustin does hereby resolve as follows:
I. The City Council finds and determines as follows:
A. That a proper application for Tentative Parcel Map No. 2006-103 was
submitted by Werdin-Saunders, LLC on behalf of SBC/Pacific Bell
requesting approval to create a parcel map for condominium purposes to
accommodate a 66,579 square foot office development at 1412 and 1432
Edinger Avenue, also known as Lot 2 of Lot Line Adjustment 05-02;
B. That a public hearing was duly called, noticed, and held for said map on
May 8, 2006, by the Planning Commission, and the Planning Commission
adopted Resolution No. 4022 recommending that the City Council
approve Tentative Parcel Map 2006-103;
C. That a public hearing was duly called, noticed, and held for said map on
May 15, 2006, by the City Council;
D. That the proposed subdivision is in conformance with the Tustin General
Plan land use designation of Planned Community Commercial Business
and Planned Community (PC) Zoning District in that these designations
provide for the development of office uses;
E. As conditioned, the map would be in conformance with the State
Subdivision Map Act and Tustin City Code Section 9323 (Subdivision
Code);
F. That the site is physically suitable for the type and density of development
proposed;
G. That the design of the subdivision or the types of improvements proposed
are not likely to cause serious public health problems;
Resolution No. 06-59
Page 1 of 19
H. That the parcel map or the proposed improvements are not likely to cause
substantial environmental damage or substantially and avoidably injure
fish or wildlife in their habitat; and,
I. That a Final Environmental Impact Report and Supplement #1 for the
Pacific Center East Specific Plan were prepared and certified, which
considered the development of office uses within Planning Area 8. An
Environmental Checklist was prepared that determined that all potential
impacts of the project were previously addressed by the certified FEIR
and Supplement #1 and that no additional impacts have been identified;
the City Council has adopted Resolution No. 06-58 finding that the FEIR
and Supplement #1 for the Pacific Center East Specific Plan adequately
addressed all potential impacts related to tentative parcel map for
condominium purposes.
II. The City Council hereby approves Tentative Parcel MilP 2006-103 to create a
parcel map for condominium purposes to accommodate a 66,579 square foot office
development at 1412 and 1432 Edinger Avenue, also known as Lot 2 of Lot Line
Adjustment 05-02, subject to the conditions contained in Design Review 06-002 and
Exhibit A attached hereto.
PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held
on the 15th day of May, 2006.
ATTEST:
JcUru2Q9- ~
PAMELA STOKER,
City Clerk
Resolution No. 06-59
Page 2 of 19
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
California, do hereby certify that the whole number of the members of the City Council of
the City of Tustin is five; that the above and foregoing Resolution No. 06-59 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 15th day
of May, 2006 by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
nA.'UF'R'l' l-tA~FNr AMANTE. HONE
NONE
NONE
KAWASHIMA
(4)
(0)
(n)
(1)
~d2cv~
PA ELA STOKE ,
City Clerk
Resolution No. 06-59
Page 3 of 19
EXHIBIT A
CONDITIONS OF APPROVAL
DESIGN REVIEW 06.Q02
MAY 8, 2006
GENERAL
(1) 1.1 The proposed project shall substantially conform with the submitted plans
for the project date stamped May 8, 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 to be consistent with the
provisions of the Tustin City Code and other applicable codes.
(1) 1.2 Unless otherwise specified. the conditions contained in this Exhibit shall be
complied with as specified or prior to the issuance of any grading or building
permits for the project, subject to review and approval by the Community
Development Department.
(1) 1.3 The subject project approval shall become null and void unless permits for
the proposed project are issued and substantial construction is underway
within twelve (12) months of the date of this Exhibit. Time extensions may
be considered if a written request is received by the Community
Development Department within thirty (30) days prior to expiration.
(1) 1.4 Approval of Design Review 06-002 is contingent upon the applicant
retuming 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.
SOURCE CODES
(1) STANDARD CONDITION
(2) CEQA MITIGATION
(3) UNIFORM BUILDING CODE/S (7)
(4) DESIGN REVIEW
(5)
(6)
RESPONSIBLE AGENCY REQUIREMENT
LANDSCAPING GUIDELINES
PClCC POLICY
EXCEPTION
-
Resolution No. 06-59
Page 4 of 19
!:xhibit A -
DR 06-002
(1) 1.5 As a condition of approval of Design Review 06-002 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 prompUy 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.
(*) 1,6 Any violation of any of the conditions imposed is subject to the payment of a
civil penalty of $100.00 for each violation, or such other amounts as the City
Council may establish by ordinance or resolution, and for each day the
violation exists, subject to the applicable notice, hearing, and appeal
process as established by the City Council by ordinance.
(1) 1.7 The applicant shall be responsible for costs associated with any necessary
code enforcement, action, including attomeys fees, subject to the applicable
notice, hearing, and appeal process as established by the City Council by
ordinance.
(4) 1.8 Project development within the Pacific Center East SpecifIC Plan is required
to participate in mitigation of long-range traffic impacts. The City is currenUy
developing a fee program to provide transportation improvements that will
mitigate traffic impacts based upon the Pacific center East Specific Plan
EIR and recently approved supplemental traffic analysis. The property
owner(s) may be subject to pay fees to cover their fair share obligation upon
completion of the fee program. Pursuant to the Pacific Center East SpecifIC
Plan and Conditional Use Permit 84-20, the property owners may be
required to pay fees to cover their fair share obligation upon completion of
the Fee Program. Prior to issuing of building parmits, the proparty owner
shall enter into an agreement with the City to pay any required fair share
obligation of the traffIC and infrastructure fees.
ARCHITECTURE
(4) 1.9 All exterior colors shall be consistent with the approved colors.
Compliance shall be subject to review and approval by the Community
Development Department at final inspection. All exterior treatments must
be coordinated with regard to color, materials, and detailing and noted on
all construction plans and elevations submitted for Building Permit Plan
Check.
Resolution No. 06-59
Page 5 of 19
Exhibit A -
DR 06-002
Page 3
(4) 1.10 Provide exact details for the exterior door and window types on the
construction plans.
(4) 1.11 All ground- and wall-mounted mechanical and electrical fixtures and
equipment shall be adequately and decoratively screened. The screen
shall be considered as an element of the overall design of the project and
shall blend with the architectural design of the building. All telephone and
electrical boxes shall be indicated on the building plans and shall be
completely screened. Electrical transformers shall be located toward the
interior of the project, maintaining sufficient distance to minimize visual
impacts from the public right-of-way.
(4) 1.12 All exposed metal flashing or trim shall be painted to match the building.
(4) 1.13 No exterior down spouts or roof scuppers shall be permitted. All roof
drains shall utilize interior piping, but may have exterior outlets at base of
buildings.
LANDSCAPING
(4) 1.14 Complete landscape and irrigation plans that comply with the City of
Tustin Landscape and Irrigation Guidelines shall be submitted at final plan
check.
(6) 1.1!1 An irrigation plan should be provided which shows the location and control
of backflow prevention devices at the meter, pipe size, sprinkler type,
spacing, and coverage details for all equipment. Install efficient irrigation
systems which minimize runoff and evaporation and maximize the amount
of water which will reach the plant roots. Drip irrigation, soil moisture
sensors, and automatic irrigation systems are a few methods of increasing
irrigation efficiency.
(6) 1.16 All plant materials shall be installed in a healthy and vigorous condition,
typical to the species and shall be maintained in a neat and healthy
condition. Maintenance includes, but is not limited to, trimming, mowing,
weeding, removal of litter, fertilizing, regular watering, and replacement of
dead or diseased dying plants. Unhealthy or dead trees shall be replaced
within seventy-two (72) hours upon notification by the City.
(6) 1.17 All trees and landscaping, including relocated trees within the site and the
perimeter of the site, shall be maintained in a healthy and vigorous
condition.
Resolution No. 06-59
Page 6 of 19
~hibit A .
DR 06-002
Page 4
(6) 1.18 Drought tolerant plants shall be used for landscaping wherever feasible.
Mulch shall be used extensively, where feasible. in all landscaped areas
since mulch applied to topsoil will improve the water-holding capacity of
the soil by reducing evaporation and soil compaction.
USE
(4) 1.19 The ownersltenant shall be responsible for the daily maintenance and
upkeep of the facility, including but not limited to. trash removal, painting,
graffiti removal, and maintenance of improvements to ensure that the
facilities are maintained in a neat and attractive manner. All graffiti shall
be removed within 72 hours of a complaint being transmitted by the City to
the property owner/tenant. Failure to maintain said structure and adjacent
amenities will be grounds for City enforcement of its Property
Maintenance Ordinance, including nuisance abatement.
(4) 1.20 All building locking devices on the premises shall meet the requirements
of the City's Security Ordinance.
(1) 1.21 If, in the future the City determines that parking or traffic problems exist on
the site or in the vicinity as a result of the project, the Community
Development Director may require the applicant/property owner to prepare
an analysis and bear all associated costs. If the study Indicates that the use
is not in compliance with the Pacific Center East Specific Plan or that there
is a parking or traffic impact, the applicant/property owner shall be required
to provide mitigation measures to be reviewed and approved.
(1) 1.22 All business activities, storage, or other activities shall be conducted
entirely within the subject building.
(1) 1.23 Outside storage or display of merchandise is prohibited, except as
authorized by the Community Development Director.
NOISE
(1) 1.24 All construction operations, including engine wann-up and deliveries of
materials and equipment, shall be subject to the provisions of the Tustin
Noise Ordinance and shall take place only between the hours of 7:00 a.m.
and 6:00 p.m., Monday through Friday, and between 9:00 a.m. and 5:00
p.m. on Saturday, unless otherwise approved by the Building Official.
(1) 1.25 Construction hours shall be clearly posted on the project site to the
satisfaction of the Building Official.
Resolution No. 06-59
Page 7 of 19
Exhibit A -
DR 06-002
Page 5
PLAN SUBMITTAL
(3) 2.1 At the time of building permit application, the plans shall comply with the
2001 Califomia Building Code (CaC), 2001 Califomia Mechanical Code
(CMC), 2001 California Plumbing Codes (CPC), 2004 California Electrical
Code (CEC), California Title 24 Accessibility Regulations. 2005 Title 24
Energy Regulations, City Ordinances, and State and Federal laws and
regulations 2005 Edition.
(1) 2.2 Building plan check submittal shall indude the following:
· Seven (7) sets of construction plans, induding drawings for
mechanical, plumbing and electrical.
. Two (2) copies of structural calculations.
· Two (2) copies of Title 24 energy calculations.
· Details of all proposed lighting fIXtures and a photometric stUdy showing
the location and anticipated pattern of light distribution of all proposed
fixtures. All new light fIXtures shall be consistent with the architecture of
the building. All exterior lighting shall be designed and arranged as not
to direct light or glare onto adjacent properties, including the adjacent
streets. Wall mounted fixtures shall be directed at a 90 degree angle
directly toward the ground. All lighting shall be developed to provide a
minimum of one (1) foot-candle of light coverage, in accordance with the
City's Security Ordinance.
. A note shall be provided on the plans that "All par1<ing 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 that
rooftop equipment is installed below the height of the parapet shall be
submitted.
· Note on plans that no field changes shall be made without prior
approval from the Building Official and architect or engineer of record.
(3) 2.3 Prior to issuance of a demolition, precise/rough grading, and/or building
permit with valuation of $50,000 or greater, the applicant shall submit for
approval by the City of Tustin, Construction & Demolition (C&D) debris
Resolution No. 06-59
Page 8 of 19
~xhibit A -
DR 06-002
Page 8
collection. disposal. and diversion information on the City-prescribed
forms.
At least 50 percent of the construction debris shall be diverted from landfill
to the recycling plants. A security deposit in the amount of $50 per ton
(not to exceed $5,000 per project) for a CaD security deposit will be
collected prior to issuance the permit. Prior to final inspection, the
applicant shall submit to the City of Tustin documents (i.e. receipt from
vendor) showing actual weight or volume of each material of caD diverted
to the recycling center. For any questions or concerns. please contact
Joe Meyers at (714) 573-3173. (City Ordinance 1281)
(3) 2.4 Four (4) sets of final grading plans consistent with the site and
landscaping plans as prepared by a registered civil engineer shall be
submitted and shall include the following:
. Technical details and plans for all utility installations including
telephone, gas, water, and electricity.
. Three (3) copies of a precise soil report provided by a civil engineer
and less than one (1) year old. Expanded information regarding the
levels of hydrocarbons and ground water contamination found on-
site shall be provided in the soli report. All pavement "R" values
shall be in accordance with applicable City of Tustin standards.
. All site drainage shall be handled on-site and shall not be permitted
to drein onto adjacent properties.
. Drainage, vegetation, circulation, street sections, curbs. gutters,
sidewalks. and storm drains shall comply with the on-site Private
Improvement Standards.
. Two (2) copies of Hydrology Report.
(3) 2.5 The engineer of record shall submit a final compaction report to the
Building Division for review and approval prior to the issuance of a
building permit.
(3) 2.6 The engineer of record shall submit a pad certification to the Building
Division for review and approval prior to the issuance of a building permit.
(3) 2,7 A surety/cash bond will be required to assure work is completed in
accordance with approved plans prior to permit issuance. The engineer's
estimated cost of the grading, drainage, and erosion control shall be
submitted to the Building OffIcial for determination of the bond amount.
Resolution No. 06-59
Page 9 of 19
Exhibit A
DR 06-002
Page 7
(3) 2.8 Information to ensure compliance with requirements of the Orange County
Fire Authority, including fire flow and installation of fire hydrants subject to
approval of the City of Tustin Public Works and/or Irvine Ranch Water
District.
(3) 2.9 For all sites one (1) acre or more, the applicant shall comply with the
following conditions pertaining to the requirement for a Water Quality
Management Plan:
. Prior to issuance of any permits, the applicant shall submit for
approval by the Community Development and Public Works
Departments, a Water Quality Management Plan (WQMP)
specifically identifying Best Management Practices (BMPs) that will
be used on-site to control predictable pollutant run~ff. This WQMP
shall identify the: structural and non-structural measures specffied
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 $2,700.00 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.
. Prior to issuance of any permits, the property owner(s) shall record a
declaration of restrictions with the County Clerk Recorder. This
declaration binds current and future owner(s) of the property
regarding implementation and maintenance of the structural and non
structural BMPs as specffied in the approved WQMP. This form can
be obtained from the Community Development Department.
. The Community Development and Public Works Departments shall
determine whether any change in use requires an amendment to an
approved Water Quality Management Plan.
(3) 2.10 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 Stomi 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
Resolution No. 06-59
Page 10 of 19
~xhibit A -
DR 06-002
Page 8
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:
. Construction sites shall be maintained in such a condition that an
anticipated storm does not carry wastes or pollutants off the site.
. Discharges of material other than storm water are allowed only
when necessary for performance and completion of construction
practices and where they do not: cause or contribute to a violation
of any water quality standard; cause or threaten to cause pollution,
contamination, or nuisance; or contain a hazardous substance in a
quantity reportable under Federal Regulations 40 CFR Parts 117
and 302.
. Potential pollutants include, but are not limited to: solid or liquid
chemical spills; wastes from paints, stains, sealants, glues, limes,
pesticides, herbicides, wood preservatives, and solvents; asbestos
fibers, paint 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
flushings. During construction, disposal of such materials should
occur in a specified and controlled temporary area on site,
physically separated from potential storm water run-off, with
ultimate disposal in accordance with local, State, and Federal
requirements.
. Dewatering of contaminated groundwater or discharging
contaminated soils via surface erosion is prohibited. Dewatering of
non-contaminated groundwater requires a National Pollutant
Discharge Elimination System Permit from the California State
Regional Water Quality Control Board.
(3) 2.11 A note shall be provided on final plans that a six (6) foot high chain link
fence shall be installed around the site prior to buDding construction stages.
A nylon fabric or mesh shall be attached to the temporary construction
fencing. Gated entrances shan be permitted along the perimeter of the site
for construction vehicles.
(3) 2.12 Pursuant to the City of Tustin's Security Ordinance and the Uniform Fire
Code, street numbers shall be displayed in a prominent location on the
street side of the building. The numerals shall be no less than six (6) inches
Resolution No. 06-59
Page 11 of 19
I
___._..___---l----
Exhibit A -
DR 06-002
Page 9
in height and shall be of contrasting color to the background to which they
are attached and illuminated during hours of darkness.
(3) 2.13 No outdoor storage shall be permitted except as approved by the Tustin
Community Development Director.
(3) 2.14 An adequate size trash enclosure with solid metal, self-closing, self-latching
gates is required to be located on the property and maintained to avoid
health issues for neighboring commercial and residential areas.
Said enclosure shall be screened by a solid decorative wall consistent with
the adjacent building's material and finish and be of a minimum height of six
(6) feet. The actual location of the enclosure and types of screening and
details of the enclosure shall be submitted at building plan check and are
subject to approval by the Community Development Department. The
location of the bin, size, and quantity shall be reviewed and accepted in
writing by Federal Disposal Services.
(3) 2.15 The applicant shall comply with all City policies regarding short-term
construction emissions, including periodic watering of the site and
prohibiting grading during second stage smog alerts and when wind
velocities exceed 15 miles per hour.
ENGINEERING
(*) 3.1 Prior to issuance of a building permit or approval of final map, whichever
occurs first, the applicant shall enter into a landscape maintenance
agreement with the City of Tustin for par1<way improvements with public
right-of-way along Edinger Avenue.
Any damage done to existing street improvements and utilities shall be
repaired.
(1) 3.2 Preparation of a sedimentation and erosion control plan for all work
related to this development shall be required.
(1) 3.3 Preparation of plans for and construction of:
A. All sanitary sewer facilities shall be submitted as required by the City
Engineer and local sewering agency.
B. A domestic water system shall be designed and installed to the
standards of the City of Tustin Water Services Division.
(1) 3.4 A complete hydrology study and hydraulic calculations shall be submitted
for review and approval by the City.
Resolution No. 06-59
Page 12 of 19
Exhibit A -
DR 06-002
Page 10
(1) 3.5 Permission from property owners shall be required for any wori< located on
adjacent properties.
(1) 3.6 Adequate horizontal and vertical intersection sight line shall be provided. In
general a 25' x 25' limited use araa triangle provides adequate sight at
typical driveways. Additional sight evaluation, however, could be required to
satisfy City of Tustin Standard Drawings and Design Standards for Public
Wori<s Construction No. 510 for all affected streets. The sight lines would
be shown on the grading plan and landscape plan. If detailed analyses are
requested, all landscaping within the limited use area would need to comply
with City of Tustin Standard Drawings and Design Standards for Public
Wori<s Construction No. 510.
(1) 3.7 Existing sewer, domestic water, reclaimed water, and storm drain service
laterals shall be utilized whenever possible.
(1) 3.8 Any damage done to existing street improvements and utilities shall be
repaired before issuance of a CertJtlcate of Occupancy for the development
on any parcel within the subdivision.
(1) 3.9 Prior to any wori< in the public right-of-way, an Encroachment Permit shall
be obtained from and applicable fees paid to the Public Wori<s Department.
(1) 3.10 The developer shall satisfy dedication and/or reservation requirements as
applicable, including but not limited to dedication of all required street and
flood control right-of-way easements, vehicular access rights, sewer
easements, and water easements defined and approved as to specific
locations by the City Engineer and other agencies.
(1) 3.11 Prior to issuance of certificate of use and occupancy, reciprocal ingress,
egress, pari<ing and pedestrian easements shall be established between
each lot and adjacent owner.
(1) 3.12 Current Federal Americans with Disabilities Act (ADA) requirements shall be
met at the drive aprons and pedestrian walkways.
(1) 3.13 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 wori<s improvements, private
infrastructure improvements, final grading plans, and site plans are also
required shall be submitted to the Public Wori<s Department/Engineering
Division in computer aided design and drafting (CADD) format. The
standard file format is AutoCAD Release 2004 having the extension DWO.
Likewise, layering and Iinetype 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 shall be in AutoCAD "DWO" format (i.e., produced
Resolution No. 06-59
Page 13 of 19
Exhibit A
DR 06-002
Page 11
using AutoCAD or AutoCAD compatible CADD software). The most current
version of AutoCAD is Release 2004. Drawings created in AutoCAD
Release 2000 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.
(1 ) 3.14 Preparation and recordation of a final subdivision map shall be required.
(1 ) 3.15 Upon recordation of Final Map, the applicant shall obtain a new address
from the Engineering Division.
(1 ) 3.16 Project Recycling Requirement - The City of Tustin is required to comply
with the recycling requirements contained in the California Integrated Waste
Management Act of 1989. To facilitate City compliance with this law, the
Project Applicant is required to comply with Section 4327 of the Tustin City
Code which details requirements for developing and implementing a Waste
Management Plan.
(1 ) 3.17 Commercial 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.
(1) 3.18 Improvement plans shall be reviewed and approved by the Orange County
Fire Authority for fire protection purposes. The adequacy and reliability of
water system design and the distribution of fire hydrants will 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.
(1 ) 3.19 Hydraulic analysis of the proposed water system and ability to meet the
Orange County fire Authority (QCFA) fire flow demands and requirements
be performed and certified by the developer.
(1) 3.20 Location of fire hydrants to be approved by the City of Tustin and the
Orange County Fire Authority.
Resolution No. 06-59
Page 14 of 19
exhibit A
DR 06-{)02
Page 12
(1) 3.21 The developer shall be responsible for all costs related to the
abandonment, at the water main, of all existing potable water and fire
service connections.
(1) 3.22 The developer shall be responsible for all costs related to the installation of
new potable and firewater servlcea.
(1) 3.23 Approval from the Water Services Division is required for permitting or
construction of any new service connections, abandonment or relocation of
existing services, or improvements that will affect City's water facilities.
(1) 3.24 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) 3.25 Water system improvements shall be designed in accordance with the
requirements and standards of the City of Tustin Department of Public
Works or AWWA.
COVENANTS. CONDITIONS. AND RESTRlc;TIONS (CC&Ra}
(1) 4.1 Prior to issuance of first certificate of use and occupancy or recordation of
the final map, whichever occurs first, all organizational documents for the
project including any covenants, conditions, and restrictions (CC&Rs),
shall be submitted to and approved by the Community Development
Depertment and the City Attomey's Offlce and recorded with County
Recorder's OffICe. Costs for such review shall be borne by the subdivider.
A copy of the final documents shall be submitted to the Community
Development Department within five (5) days of recordation. At a
minimum, the following items shall be included:
A. The City shall be included as a party to the CC&Rs for enforcement
purposes of those CC&R provisions in which the City has interest
as reflected in the following provisions. However, the City shall not
be obligated to enforce the CC&Rs.
B. The requirement that association bylaws be established.
C. Provisions for effective establishment, operation, management,
use, repair, and maintenance of all common areas and facilities
including buildings and amenities, landScaped areas, walis and
fences, private roadways (i.e., walks, sidewalks), etc. Maintenance
standards shali also be provided. Examples of maintenance
standards are shown below.
Resolution No. 06-59
Page 15 of 19
Exhibit A -
DR 06-002
Page 13
1. All common area landscaping and private areas visible from
any public way shall be proper1y maintained such that they
are evenly cut, evenly edged, free of bare or brown spots,
debris, and weeds. All trees and shrubs shall be trimmed so
they do not impede vehicular or pedestrian traffic. Trees
shall be pruned so they do not intrude into neighboring
properties and shall be maintained so they do not have
droppings or create other nuisances to neighboring
properties. All trees shall also be roOt pruned to eliminate
exposed surface roots and damage to sidewalks, driveways,
and structures.
2. All private roadways, sidewalks, and open space areas shall
be maintained so that they are safe for users. Significant
pavement cracks; pavement distress, excessive slab
settlement, abrupt vertical variations, and debris on travel
ways should be removed or repaired promptly.
3. Common areas shall be maintained in such a manner as to
avoid the reasonable determination of a duly authorized
official of the City that a publiC nuisance has been created
by the absence of adequate maintenance such as to be
detrimental to public health, safety, or general welfare.
D. Membership in the association shall be inseparable from ownership
in individual units.
E. Architectural controls shall be provided and may include, but not be
limited to, provisions regulating exterior finishes, roof materials,
fences and walls, accessory structures such as mechanical
equipment, television and radio antenna, and signs, consistent with
the Tustin City Code and the Planned Community Industrial zoning
district.
F. Parking controls shall be provided and may include, but not be
limited to, provisions regulating vehicle and truck deliveries, vehicle
and truck parking, loading and unloading activities, etc.
ORANGE COUNTY FIRE AUTHORITY rOCFAl
(5) 5.1 Prior to the issuance of any building permit, the applicant shall submit a fire
hydrant location plan to the Fire Chief for review and approval.
(5) 5.2 Prior to the issuance of any certificate of use and 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
Resolution No. 06-59
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Exhib~ A
DR 06-002
Page 14
condition by the property owner. Please contact the OCFA at (714) 573-
6121 or visit the OCFA website for a copy of the "Guideline for Installation of
Blue Dot Hydrant Markers."
(5) 5.3 Prior to the issuance of a building permits, 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.
(5) 5.4 Prior to the issuance of any building permits, a note shall be placed on the
site plans stating that all commercial structures exceeding 5000 square feet
(per amendment) and all structures exceeding fire department access
requirements shall be protected by an automatic fire sprinkler system in a
manner meeting the approval of the Fire Chief.
(5) 5.5 Prior to the issuance of a certificate of use and occupancy, this system shall
be operational in a manner meeting the approval of the Fire Chief.
(5) 5.6 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) 573-6121 or visit the OCFA website to obtain a
copy of the "Guidelines for Emergency Access."
(5) 5.7 Prior to the issuance of 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) 573-6121 or visit the OCFA website to
obtain a copy of the 'Guidelines for Emergency Access Roadways and Fire
Lane Requirements."
(5) 5.8 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.
(5) 5.9 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
Resolution No. 06-59
Page 17 of 19
Exhibit A .
DR 06-002
Page 15
contact the OCFA at (714) 573-6100 for a copy of the Site/Architectural
Notes to be placed on the plans prior to submittal.
(5) 5.10 Prior to the issuance of a building permit, or at another time deemed
acceotable bv the Fire Chief and Buildino Official, 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." This
system shall be operational prior to the issuance of a certificate of use and
occupancy.
FEES
(5) 6.1 Prior to issuance of any grading or building permits, payment shall be made
of all required fees including, but not limited to:
a. Payment of the Transportation System Improvement Program
(TSIP) fees; the current fee in the amount of $3.31 per square foot
for new or added gross floor area of construction or improvements.
b. Payment of the Major Thoroughfare and Bridge Fees to the Tustin
Public Works Department at the time a building permit is issued.
c. Payment of the Orange County Sanitation District No. 7 Sewer
Connection Fees at the time a building permit is issued.
d. School facilities fee to the Tustin Unified School District subject to
any agreement reached and executed between the District and the
applicant.
e. New Development Fee in the amount of $.10 per square foot of
floor area to the Community Development Department.
f. Plan Check Fees to the Community Development Department
based on the most current schedule.
g. Public Works/Engineering plan check and permit fees to the Public
Works/Engineering Department based on the most current
schedule.
h. Orange County Fire Authority plan check and inspection fees to the
Community Development Department based upon the most current
schedule.
i. The applicant shall reimburse the City of Tustin for the actual cost
incurred to the City by the City Attorney and/or Special Counsel
service for review of the CC&Rs per City Council Resolution 05.99.
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Exhibtt A .
DR06..()()2
(1) 6.2 Within forty-eight (48) hours of project approval, the applicant would need
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
Resolution No. 06-59
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