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HomeMy WebLinkAboutZA ACTION 04-009 ZONING ADMINISTRATOR ACTION 04-009 DESIGN REVIEW 03-026 OCTOBER 4, 2004 I. The Zoning Administrator of the City of Tustin finds and determines as follows: A. That a proper application, Design Review 03-026, was filed by Strata Tustin, LLC requesting authorization to construct a 10,472 square foot retail building on Phase Two of the Tustin Freeway Center located at 14071- 14081 Newport Avenue which is legally known as Parcel 2 and the north 47.50 square feet of Parcel 1 of Tract No. 519. B. The site is within the Planned Community Commercial (PC-COMM) zoning district and is designated as Community Commercial by the Land Use Element of the General Plan. The project is located in the South Central Redevelopment Agency Project Area. The project is subject to Design Review 89-68 and Conditional Use Permit 89-47 and the conditions contained therein. Retail commercial uses are permitted in the PC-COMM zoning district, in the Community Commercial land use designation, and pursuant to CUP 89-47. In addition, the project has been reviewed for consistency with the Air Quality Sub-element of the General Plan and has been determined to be consistent with the Air Quality Sub- element. C. That design review applications within redevelopment project areas require consideration by the Zoning Administrator; the Zoning Administrator considered Design Review 03-026 on October 4, 2004. D. As conditioned, the project is consist with Design Review 89-68 and Conditional Use Permit 89-47 which established the uses, building placement, building size, conditions of approval, and architecture for the Tustin Freeway Center which includes the subject project. The building will house retail uses, be located on the property as indicated on underlying DR and CUP site plan, be of the same size previously approved, will meet all conditions of approval, and will match the Mediterranean architecture of the other buildings in the center. E. Sufficient on-site parking exists for the project in that, as approved by CUP 89-47 and DR 89-68, retail uses for the property require one parking space for every 250 square feet. As such, the 9,961 square feet of net building area requires 40 parking spaces and 45 on-site parking spaces are provided. F. The use of the north 47.5 feet of Parcel 1 of Tract No. 519 shall be secured as a parking lot to support the project and will prevent the property from being used or developed for other purposes in that, prior to issuance of any building permit for the project, the north 47.5 feet of Parcel 1 shall be tied to Parcel 2 of Tract 519 through the applicant and property owner recording a legal document reviewed and approved by the City's legal council and the Community Development Director. Zoning Administrator Action 04-009 Design Review 03-026 October 4, 2004 Page 2 G. The building is situated on the property in compliance with setbacks required by the Tustin City Code and the 2001 California Building Code (CBC). A Certificate of Compliance was processed to confirm that a portion of Parcel 1 of Tract No. 519 is a legal lot created prior to the Subdivision Map Act. Lot Line Adjustment 04-02 was approved by the City Council on July 6, 2004, to adjust the south property line of Parcel 2 of Tract No. 519 by fourteen (14) feet to the south on Parcel 1. Once the Certificate and Lot Line Adjustment were approved, the entire building was enabled to locate exclusively on Parcel 2 of Tract No. 519 with a ten foot setback to the south and a 6 % foot setback to the north property lines. The zoning code does not require a setback for the building, but the 2001 CBC requires the building setbacks for a fire buffer and for disabled person exiting. H. That pursuant to Section 9272(c) of the Tustin City Code, the Zoning Administrator finds that the location, size, architectural features, and general appearance of 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 Zoning Administrator finds that the mass and appearance of the project will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole and has considered at least the following items: 1. Height, bulk, and area of buildings; 2. Setbacks and site planning; 3. Exterior materials and colors; 4. Type and pitch of roofs; 5. Size and spacing of windows, doors, and other openings; 6. Towers, chimneys, roof structures, flag poles, radio and television antennae; 7. Physical relationship of proposed structures to existing structures in the neighborhood; 8. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares; and, 9. Development guidelines and criteria as adopted by the City Council. Items 1 through 9 have been considered in that: . The retail commercial building is located along the Newport Avenue commercial corridor where similar community commercial serving uses exist. . The project consists of 10,472 square feet of retail space in a one-story building that is generally 20 feet high and has 28 foot high towers facing Newport Avenue. Because the building height is less than the Zoning Administrator Action 04-009 Design Review 03-026 October 4, 2004 Page 3 freeway adjacent commercial buildings on Phase One of the Tustin Freeway Center to the north, there will be an appropriate transition between commercial properties that reduce in height as the properties along the Newport Avenue commercial corridor become further away from the freeway overpass and become closer to the residential district west of the project. · The height of the project is less than the heights that could be allowed for the adjacent residential properties to the immediate west; therefore, the height is appropriate for a commercial building that is adjacent to residential buildings. · Because the building is placed back on the property, residential properties behind it will not be adjacent to the parking lot that serves the building and the potential for vehicle noise and exhaust will be reduced. · Trees will be preserved behind the building to obscure views of the building rear by the adjacent residences. · Areas of the property not devoted to building square feet are devoted to parking and landscaping including a landscape buffer adjacent to the Newport Avenue right-of-way that screens the parking lot. · Adequate emergency vehicle and waste hauler access will be provided on-site. · Increased vehicular access will be gained to the site from Mitchell Avenue through a reciprocal access easement with the property to the immediate south, which is owned by the project applicant. · The project will rehabilitate/redevelop the property which will result in an enhanced link between adjacent commercial properties and will discontinue the nonuse of the existing property which has had the potential to become an attractive nuisance. . The public right-of-way adjacent to the property will be improved to include sidewalks and curbs that meet current disabled person accessibility requirements. · Design of the building includes stucco walls, tile roofs, arches, and tile accents that are consistent with the Mediterranean architecture of the building to the immediate north. I. That this project involves construction of a 10,472 square foot retail center and is Categorically Exempt (Class 32) from the requirements of the California Environmental Quality Act (CEQA), pursuant to Section 15332 of the State CEQA Guidelines. II. That the Zoning Administrator hereby conditionally approves Design Review 03-026 authorizing construction of a 10,472 square foot retail building at 14071-14081 Newport Avenue, subject to the following conditions: Zoning Administrator Action 04-009 Design Review 03-026 October 4, 2004 Page 4 PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular meeting held on the 4th day of October, 2004. ~w,~ RECORDING SECRETARY &?'b~.m~~ ELIZABETH A. BINSACK ZONING ADMINISTRATOR STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ELOISE HARRIS, the undersigned, hereby certify that I am the Recording Secretary of the Zoning Administrator of the City of Tustin, California; that Zoning Administrator Action No. 04-009 passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 4th day of October, 2004. ~~ ELOISE HARRIS Recording Secretary EXHIBIT A CONDITIONS OF APPROVAL DESIGN REVIEW 03-026 OCTOBER 4, 2004 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped September 27, 2004, on file with the Community Development Department, 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 subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code. (1) 1.2 This approval shall become null and void unless the use is established 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 All conditions in this Exhibit shall be complied with prior to issuance of building permits or as otherwise specified, subject to review and approval by the Community Development Department. (1) 1.4 Approval of Design Review 03-026 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 As a condition of approval of Design Review 03-026 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, conceming 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. SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODElS (4) DESIGN REVIEW *** EXCEPTIONS (5) RESPONSIBLE AGENCY REQUIREMENTS (6) LANDSCAPING GUIDELINES (7) PC/CC POLICY Zoning Administrator Action 04-009 Design Review 03-026 Exhibit A October 4, 2004 Page 2 PLAN SUBMITTAL (5) 2.1 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. . Two (2) copies of Structural calculations. · Two (2) copies of Title 24 energy calculations. · Elevations that include all proposed dimensions, materials, colors, finishes, and partial outlines of adjacent buildings on site and off site where applicable. · 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 developed to provide a minimum of one (1) foot-candle of light coverage, in accordance with the City's Security Ordinance. No lights are permitted on the rear of the building. · 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 that it is below the building's parapet wall. An elevation showing rooftop equipment installation related to the height of the parapet and proposed equipment must be identified at plan check submittal and any design of required screening will be subject to the approval of Community Development Department Director. Zoning Administrator Action 04-009 Design Review 03-026 Exhibit A October 4, 2004 Page 3 . Note on plans that no field changes shall be made without prior approval from the Building Official and architect or engineer of record. (5) 2.2 On the plans submitted for plan check, openings in exterior walls may not be less than five (5) feet from property lines pursuant to the 2001 California Building Code (Table 5A). (5) 2.3 On the plans submitted for plan check, construction of exterior walls that are less than twenty (20) feet from property lines must be shown to be one-hour fire resistive pursuant to the 2001 California Building Code (Table 5-A). (5) 2.4 On the plans submitted for plan check, a level floor or landing shall be provided at all doors. This area shall have a minimum length of 60 inches in the direction of the door swing and 48 inches in the opposite direction of the door swing. (5) 2.5 On the plans submitted for plan check, all new glass doors and windows, in or adjacent to doors, shall be tempered per 2001 California Building Code Section 2406.4. (5) 2.6 On the plans submitted for plan check, vehicle parking, primary entrance to the building, the primary paths of travel, cashier space, sanitary facilities, drinking fountain, and public telephones shall be shown as accessible to persons with disabilities. (5) 2.7 On the plans submitted for plan check, no part of structure shall project beyond the property line. (5) 2.8 At plan check submittal, 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 precise soil report provided by a civil engineer and less than one (1) year old. Expanded information regarding the levels of hydrocarbons and ground water contamination found on- site shall be provided in the soil report. All pavement "R" values shall be in accordance with applicable City of Tustin standards. · All site drainage shall be handled on-site and shall not be permitted to drain onto adjacent properties. Zoning Administrator Action 04-009 Design Review 03-026 Exhibit A October 4, 2004 Page 4 · 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. (5) 2.9 The engineer of record needs to submit a final compaction report to the Building Division for review and approval prior to the issuance of a building permit. (5) 2.10 The engineer of record needs to submit a pad certification to the Building Division for review and approval prior to the issuance of a building permit. (5) 2.11 A surety/cash bond needs to be provided 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. (5) 2.12 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-off. This WQMP 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. (5) 2.13 Prior to issuance of a certificate of use and occupancy, the property owner shall record CC&Rs or another legal instrument approved by the City Attorney that shall require the property owner, successors, tenants (if applicable), and assigns to operate and maintain in perpetuity the post- construction BMPs described in the WQMP for the project. The Community Development and Public Works Departments shall determine whether any change in use requires an amendment to an approved Water Quality Management Plan. (5) 2.14 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 Zoning Administrator Action 04-009 Design Review 03-026 Exhibit A October 4, 2004 Page 5 that the project will be implemented in compliance with the Statewide Permit for General Construction Activities. (5) 2.15 A note shall be provided on final plans that a six (6) foot high chain link fence shall be installed around the site prior to building construction stages. A nylon fabric or mesh shall be attached to the temporary construction fencing. Gated entrances shall be penmitted along the perimeter of the site for construction vehicles. (5) 2.16 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 Buildings. The numerals shall be no less than six (6) inches in height and shall be of contrasting color to the background to which they are attached and illuminated during hours of darkness. (5) 2.17 On the plans submitted for plan check, dimensions shall be provided for all drive aisles, back up areas, and parking stalls. (5) 2.18 No outdoor storage shall be penmitted except as approved by the Tustin Community Development Director. (5) 2.19 An adequate size trash enclosure with solid metal, self-closing, self-latching gates shall be provided. Said enclosure shall be screened by a solid decorative wall consistent with the adjacent building's material and finish and be of a minimum height of six (6) feet. The actual location of the enclosure, types of building materials, screening methods, and other 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 Service. (5) 2.20 The applicant shall comply with all City policies regarding short-tenm 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. (5) 2.21 Prior to grading permit issuance, all existing on-site improvements need to be demolished to accommodate the project. USE RESTRICTIONS (5) 3.1 The uses for the project are limited to those indicated in and pursuant to the conditions of approval for Conditional Use Permit (CUP) 89-47. (*) 3.2 Prior to building permit issuance, a reciprocal access agreement or other equivalent instrument as approved to fonm by City Staff and the City Attorney shall be provided between Lot 2 and Lot 1 of Tract No. 519. Once the Zoning Administrator Action 04-009 Design Review 03-026 Exhibit A October 4, 2004 Page 6 agreement is received and approved, the applicant must record the document with the County Recorder's Office and provide proof to the City that the document has been recorded. (5) 3.3 The applicant is encouraged to engage in conversation with the Phase One property owner to accomplish a mutually beneficial access easement between Lot 2 of Tract Map No. 519 and Parcel 2 of Parcel Map No. 90- 104 in order to provide the potential to increase the economic vitality of all business in the center. If reciprocal access is accomplished, the site plan will need to be revised to show the reciprocal access. (5) 3.4 Given the proximity of the building to residential uses, amplified live entertainment is prohibited from occurring on the property. The property owner shall place this as a condition in each lease to tenants on the property. (5) 3.5 The property owner shall ensure that on-site business activities are limited to inside the building except for outdoor dining in association with an approved conditional use permit and temporary outdoor sales or promotional events directly related to an on-site tenant who has received City approval of a temporary use permit. The property owner shall include information in each tenant lease at Strata Tustin Center indicating that the tenant maintains responsibility for ensuring City approval is obtained for any business activities occurring outside of the building. (5) 3.6 The applicant is required to submit a revised master sign program for the project for review and approval prior to issuance of a certificate of occupancy. At the time a tenant signs a lease for the property, the property owner shall provide the tenant with a copy of the "Sign Criteria" approved for the center. Each lease shall contain a section indicating that portable signs are prohibited and all permanent or temporary commercial advertising signs including banners require compliance with the sign program, property owner permission, and a permit from the City of Tustin Community Development Department. (5) 3.7 The operating hours for any uses with an approved business certificate is limited to between the hours of 6:00 a.m. and 10:00 p.m. Sunday through Thursday and between 6:00 a.m. and midnight (12:00 a.m.) on Friday and Saturday, unless otherwise approved in writing by the Community Development Director. (5) 3.8 If a noise problem results from the proposed project or operational changes within the development as determined by a Code Enforcement Officer, the property owner shall submit a noise study prepared by a professional acoustical engineer and perform or install interim and permanent mitigation measures as a result. Zoning Administrator Action 04-009 Design Review 03-026 Exhibit A October 4, 2004 Page 7 (5) 3.9 If problems associated with the trash enclosure arise, such as noticeable odors or vermin, as determined by a Code Enforcement Officer, the property owner shall implement measures to eliminate the problem, such as, but not limited to, double bagging the trash and arranging for more frequent pick- ups from the trash hauler. (1) 3.10 No deliveries or exterior work shall occur prior to 7:00 a.m. or after 10 p.m. daily. (5) 3.11 No cash or credit operated vending, entertainment, or communication devices such as telephones are permitted to be located outdoors on the property. The property owner shall place this as a condition in each lease to tenants on the property. (*) 3.12 Prior to issuance of a Certificate of Occupancy, the applicant shall remove the west 48 feet of an existing chain link fence and curb from the north property line of the south 61.5 feet of Parcel 1 of Tract 519. The area of fence and curb removed shall be replaced with paving and landscaping as indicated on the approved plans to accommodate a landscape area and reciprocal access drive aisle between all of Parcels 1 and 2 of Tract 519. (1) 3.13 To prevent roof-mounted equipment from being visible to adjacent residences, adjacent commercial properties, or the public right-of-way, all roof-mounted equipment must be installed below the height of the building roof parapet wall. (*) 3.14 Prior to issuance of any building permit for the project, the north 47.5 feet of Parcel 1 shall be tied to Parcel 2 of Tract 519 through the applicant and property owner recording a legal document reviewed and approved by the City's legal council and the Community Development Director. (*) 3.15 With the exception of reciprocal access, the south 61.5 feet of Parcel 1 of Tract 519 is not a part of the project approval and all parking spaces on the south 61.5 feet of Parcel 1 shall be utilized to support the use(s) on that property. (5) 3.16 The approved building colors must be maintained as approved unless alternate colors are approved in writing by the Community Development Director. LANDSCAPING (1) 3.17 Prior to building permit issuance, the landscape plans shall be revised to show that the site shall be landscaped consistent with the intent of the City's Landscaping and Irrigation Guidelines. Zoning Administrator Action 04-009 Design Review 03-026 Exhibit A October 4, 2004 Page 8 · A minimum of five (5) 24-inch box trees shall be planted on the project property adjacent to Newport Avenue. · A minimum of fifty two (52) five (5) gallon shrubs shall be planted on the project property adjacent to Newport Avenue or twenty-six (26) five gallon shrubs and forty-three (43) one gallon shrubs. · Five (5) - five (5) gallon shrubs shall be planted per 25 linear feet of the north and south parking lot buffer planter areas. · Perimeter parking lot trees shall be planted in a planter of sufficient width to provide 2% feet minimum clearance for vehicle overhang. · Landscaping shall consist of. a combination of berming and sufficient numbers of shrubs and trees to provide adequate screening, subject to the satisfaction of the Community Development Director. · Prior to issuance of a building permit, the type, size, and location of proposed street trees shall be approved by the Public Works Department. Planting of trees and tree well locations shall comply with the City of Tustin "Standard Drawings and Design Standards for Public Works Construction." The applicant shall be responsible for the installation of the street trees and for replacing/repairing the public right-of-way to the satisfaction of the Public Works Department for damage caused by tree installation (5) 3.18 The sizes and quantities of the landscaping shall be continually maintained or replaced if unhealthy. 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. All trees and landscaping within the site and the perimeter of the site shall be maintained in a healthy and vigorous condition. Unhealthy or dead trees shall be replaced within seventy-two (72) hours upon notification by the City. (5) 3.19 The landscape materials shall not conflict with the visual clearance requirements of any existing or new driveway approaches. (5) 3.20 Trees overhanging onto the property from adjacent properties shall be trimmed to allow for at least six (6) feet of airspace between the grade and the overhanging vegetation. PUBLIC WORKS DEPARTMENT (5) 4.1 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 the project frontage. Construction and/or replacement of any missing or damaged public improvements will be Zoning Administrator Action 04-009 Design Review 03-026 Exhibit A October 4, 2004 Page 9 required adjacent to this development. Said plan shall include, but not be limited to, the following: 1. Curb artd gutter 2. Sidewalk, including curb ramps for the physically disabled 3. Drive aprons 4. Domestic water facilities 5. Sanitary sewer facilities 6. Street lighting 7. Underground utility connection 8. Catch basin/storm drain laterals/connection to existing storm drain system In addition, a 24" by 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 shall be required. (5) 4.2 Preparation of a sedimentation and erosion control plan for all work related to this development shall be required. (5) 4.3 All sanitary sewer facilities shall be submitted as required by the City Engineer and local sewer agency. These facilities shall include a gravity flow system per the standards of Orange County Sanitation District NO.7. (5) 4.4 Preparation and submittal of a final grading plan showing all pertinent elevations as they pertain to the public right-of-way along with delineating the following information: a) Final street elevations at key locations. b) Final padlfinished floor elevations and key elevations for all site grading. All pad elevations to be a minimum of 1.0 foot above base flood elevation as defined by FEMA. c) All flood hazards of record. (5) 4.5 On the plans submitted for plan check, adequate horizontal and vertical intersection sight lines shall be provided. In general a 25' x 25' limited use area triangle provides adequate right at typical driveways. Additional sight evaluation, however, could be required to satisfy City of Tustin Standard Drawing No. 510 for all affected streets. The site lines shall 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 Drawing No. 510. (5) 4.6 Existing sewer, domestic water, reclaimed water, and storm drain service laterals shall be utilized whenever possible. Zoning Administrator Action 04-009 Design Review 03-026 Exhibit A October 4, 2004 Page 10 (5) 4.7 Any damage done to existing street improvements and utilities shall be repaired before acceptance of the tract. (5) 4.8 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. (5) 4.9 Current Federal Americans with Disabilities Act (ADA) requirements shall be met at the drive aprons and sidewalk. (5) 4.10 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 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 must be in AutoCAD "DWG" format (i.e., 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. (5) 4.11 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. (5) 4.12 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 property owner is required to comply with Section 4327 of the Tustin City Code (TCC) which details the requirements for developing and implementing a Waste Management Plan for construction waste and for the continuous separation of refuse and recycling from tenant waste. Section 4327 of the TCC specifically requires the following: a. The Applicant, Property Owner, and/or tenant(s) are required to partiCipate in the City's recycling program. Zoning Administrator Action 04-009 Design Review 03-026 Exhibit A October 4, 2004 Page 11 b. Prior to issuance of a building permit, a solid waste recycling plan identifying planned source separation and recycling programs shall be submitted and approved by the City of Tustin Public Works Department. (5) 4.13 The 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. (5) 4.14 Release/approval from the East Orange County Water District shall be obtained prior to receiving water service. The developer shall submit a water permit application to the East Orange County Water District and is responsible for all applicable water connection fees. (5) 4.15 Backflow prevention devices must be installed in accordance with applicable standards and codes and shall be installed within an easement of suitable size to allow for unobstructed access, inspection, testing, and maintenance. (5) 4.16 Location of fire hydrants to be approved by the City of Tustin and the Orange County Fire Authority. (5) 4.17 Hydraulic analysis of the proposed water system and ability to meet OCFA fire flow demands and requirements be performed and certified by the developer. (5) 4.18 The developer is responsible for all costs related to the relocation of existing fire hydrants and the installation of new fire hydrants if any. (5) 4.19 The developer is responsible for all costs related to the abandonment, at the water main, of all existing potable water and fire service connections if any. (5) 4.20 The developer shall be responsible for all costs related to the installation of new potable and fire-related water services. (5) 4.21 Approval from the Water Services Division is required for the following: · permitting or construction of any new service connections; · abandonment or relocation of existing services; or, · improvements that will affect the City's water facilities. A water system improvement plan needs to be designed by a licensed Civil Engineer in accordance with the requirements and standards of the City of Tustin Department of Public Works or American Water Work Association. A separate on-site water plan for improvements outside the street right-of-ways and within private property will be required for on-site Zoning Administrator Action 04-009 Design Review 03-026 Exhibit A October 4, 2004 Page 12 improvements to be maintained by the City. Please contact Jon Draugelis of the Public Works Engineering Division at (714) 573-3164 for the Title block standards required by the Water Services Division. Prior to building permit issuance, the applicant is required to submit improvement plans and design specification digital (PDF) files to the Public Works Water Division. OCFA (5) 5.1 Prior to the issuance of any grading or building permits, 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 a building permit, the applicant shall submit evidence of the on-site fire hydrant system to the Fire Chief. 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) 744-0499 or visit the OCFA website for a copy of the "Guidelines for Private Fire Hydrant and/or Sprinkler Underground Piping." (5) 5.3 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 condition by the property owner. Please contact the OCFA at (714) 744-0499 or visit the OCFA website for a copy of the "Guideline for Installation of Blue Dot Hydrant Markers." (5) 5.4 Prior to the issuance of any grading or 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) 5.5 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) 744-0499 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." (5) 5.6 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 fewer than 36 feet in width. The plans shall indicate the locations of red curbs and signage and include a detail of the Zoning Administrator Action 04-009 Design Review 03-026 Exhibit A October 4, 2004 Page 13 proposed signage including the height, stroke, and colors of the lettering and its contrasting background. Please contact the OCFA at (714) 744- 0499 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." (5) 5.7 Prior to the issuance of any Certificate of Use and Occupancy, the fire lanes shall be installed in accordance with the approved fire lane plan. (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) 744- 0499 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 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) 744- 0499 to request a copy of the "Orange County Fire Authority Notes for New NFPA 13 Commercial Sprinkler Systems." (5) 5.10 Prior to the issuance of a Certificate of Use and Occupancy, an automatic fire sprinkler system could be required and would need to be operational in a manner meeting the approval of the Fire Chief. (5) 5.11 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) 744-0499 or visit the OCFA website to obtain a copy of the "Guideline for New and Existing Fire Alarm Systems." (5) 5.12 The fire alarm system shall be operational prior to the issuance of a Certificate of Use and Occupancy. FEES (5) 6.1 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. A. Building plan check and permit fees to the Community Development Department based on the most current schedule. Zoning Administrator Action 04-009 Design Review 03-026 Exhibit A October 4, 2004 Page 14 B. Grading plan check and permit fees to the Community Development Department based on the most current schedule. C. Orange County Fire Authority plan check and inspection fees to the Community Development Department based upon the most current schedule. . D. New development fees in the amount of $.1 0 per square foot of floor area to the Community Development Department. E. School facilities fees of $.36 per square foot of new or added gross square floor area of construction or improvements to the Tustin Unified School District. F. Payment of the Major Thoroughfare and Bridge Fees is required to the Tustin Public Works Department at the time of issuance of a building permit. The current fee for non-residential development is $3.37/square foot of the building. Please note on July of each year, the fee rate will increase by 2.206 percent. G. Payment of the Orange County Sanitation District No. 7 Sewer Connection Fees to the Tustin Public Works Department is required at the time of issuance of a building permit. The current fee for high capacity demand commercial development is $2,490.00/1,000 square foot of the building. A credit amount up to the prior category of use may be obtained when the applicant provides proof of previous sewer connection receipts. H. Water connection fees to the City of Tustin Water Division at the time a building permit is issued. I. 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.