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HomeMy WebLinkAboutPC RES 4054 RESOLUTION NO. 4054 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN APPROVING DESIGN REVIEW 06-011 AUTHORIZING THE DEVELOPMENT OF A 75-UNIT CONDOMINIUM PROJECT ON A 4-ACRE SITE LOCATED AT 14421 TO 14471 RED HILL AVENUE (NORTHWEST CORNER OF WALNUT AND RED HILL AVE.) 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 06-011 was submitted by Sun-Cal Red Hill LLC requesting authorization to demolish 57 apartment units and construct a 75-unit condominium project located at 14421 to 14471 Red Hill Avenue (APN 432-111-03 and 432-111-04); B. That a public hearing was duly called, noticed, and held for said application on March 13,2007, by the Planning Commission; C. That the site is located in the High Density Residential (HDR) General Plan land use designation and Multiple Family (R-3) Residential zoning district; D. That, as conditioned, the proposed subdivision and development will be in conformance with the Tustin Area General Plan, zoning regulations, State Subdivision Map Act, and the City's Subdivision Code; E. Pursuant to Section 9272 of the Tustin Municipal Code, the Planning Commission finds that the location, size, architectural features, and general appearance of the proposed development will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole. In making such findings, the Commission has considered at least the following items: 1. 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, flagpoles, radio and television antennae. Resolution 4054 DR 06-011 Page 2 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 neighborhood and public thoroughfares. 13. Proposed signage. 14. Development Guidelines and criteria as adopted by the City Council. ~. , F. The project requires a 10 foot wide dedication in fee along Walnut Avenue, which will remain open until future street widening is implemented. The buildings along Walnut Avenue are designed with balconies that provide protection over the front entries, offer a usable exterior open space for the residents, and create a variety of architectural features along the street rights-of-way. It was determined that provisions of Tustin City Code Section 9271 U) can be applied to the balconies allowing them to encroach a maximum of three feet into the required front yard setback along Walnut Avenue which results in a 22 foot setback from the current right-of- way and 12 feet from the future right-of-way without compromising the setback requirements from other structures. In addition, sound attenuation is provided to make the balconies a usable outdoor space for the residents. G. The project includes dedication in fee along a portion of Red Hill Avenue and Walnut Avenue to revise ownership of an existing street with 33 foot wide highway easement as depicted on Tentative Tract Map 17080. H. That the applicant has requested approval of Tentative Tract Map 17080 in conjunction with the application for Design Review 06-011, and findings and conditions of approval related to site design, street design, open space and park site design, dedication of necessary rights-of-way, and provision of necessary infrastructure improvements have been included in Resolution No. 4055 recommending 'City Council approval ofTentative Tract Map 17080. I. That a Mitigated Negative Declaration was adopted by Resolution No. 4053 for the proposed development. ~ ... Resolution 4054 DR 06-011 Page 3 II. The Planning Commission hereby approves Design Review 06-011 for development of a 75-unit condominium project on a 4-acre site located at 14421 to 14471 Red Hill Avenue, subject to the conditions contained in Exhibit A attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin Commission held on the 13th day of March, 2007. BR~ Chairperson Planning ~h~A.X~~ EC BETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning Commission Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 4054 duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 13th day of March, 2007. a~~d ~i ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A DESIGN REVIEW 06-011 RESOLUTION NO. 4054 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall conform with the Tustin City Code and Tustin Design Guidelines and standards and be consistent with submitted plans for the project date stamped March 13,2007, on file with the Community Development Department, except as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Director of Community Development may also approve minor modifications to plans during plan check if such modifications are consistent with the provisions of the Tustin City Code and other applicable codes. (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 building permits for the project, subject to review and approval by the Community Development Department. (1) 1.3 Resolution No. 4054 shall become null and void in the event that Resolution No. 4055 approving Tentative Tract Map 17080 is not approved by the City Council. i I (1) 1.4 The subject project approval shall become null and void unless permits for the proposed project are issued and substantial construction is underway within 24 months. All time extensions may be considered if a written request is within thirty (30) days prior to expiration date. (1) 1.5 The development of the project described in Design Review 06-011 shall be designed and constructed in accordance with Tentative Tract Map 17080 application as approved by Resolution Nos. 4053 and 4055 which are incorporated herein by reference. (1) 1.6 Approval of Design Review 06-011 is contingent upon the applicant returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the property owner signing and recording with the County Clerk-Recorder a notarized "Notice of Discretionary Permit Approval and Conditions of Approval" form. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODEtS (4) DESIGN REVIEW (5) RESPONSIBLE AGENCY REQUIREMENT (6) LANDSCAPING GUIDELINES (7) PCtCC POLICY *** EXCEPTION Resolution 4054 DR 06-011 Page 2 (1) 1.7 As a condition of approval of Design Review 06-011, 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. GRADING PLAN SUBMITTAL (1) 2.1 Prior to issuance of a grading permit all requirements related to private infrastructure contained within Resolution No. 4055 shall be met. (1) 2.2 Four (4) sets of final grading plans, including a site plan, and consistent with the landscaping plans, as prepared by a registered civil engineer, shall be submitted and shall include the following: A. Technical details and plans for all utility installations including telephone, gas, water, and electricity. B. Three (3) copies of a precise soils report provided by a civil engineer and less than one (1) year old. Expanded information regarding the levels of hydrocarbons and ground water contamination found on-site shall be provided in the soil report. All pavement "R" values shall be in accordance with applicable City of Tustin standards. C. Information demonstrating that all site drainage shall be handled on-site and shall not be permitted to drain onto adjacent properties. D. Information demonstrating that drainage, vegetation, circulation, street sections, curbs, gutters, sidewalks, and storm drains shall comply with the City of Tustin's "Construction Standards for Private Streets, Storm Drain and On-Site Private Improvements," revised April 1989. E. Two (2) copies of a hydrology report. F. Information demonstrating that vehicle parking, primary entrance to the building, primary paths of travel, sanitary Resolution 4054 DR 06-011 Page 3 facilities, drinking fountain, and public telephones for the recreation building shall be accessible to persons with disabilities. G. Building and landscape setback dimensions and dimensions for all drive aisles, back up areas, each covered parking stall, and open parking stalls. H. Details indicating that a maximum streetlight spacing of 200 feet staggered from side to side along the street shall be used for on-site street lighting (per City standards for local private residential streets) and placement of streetlights in relation to the intersection locations and other driver decision points for safe pedestrian access through the site. (1) 2.3 The engineer of record must submit a final compaction report to the Building Division for review and approval prior to the issuance of a building permit. (1) 2.4 The engineer of record must submit a pad certification to the Building Division for review and approval prior to the issuance of a building permit. (1) 2.5 Prior to issuance of a grading permit, the applicant shall be required to provide a performance bond to assure grading work is completed in accordance with approved plans. The engineer's estimated cost shall be submitted to the Building Official for determination of the bond amount. (1) 2.6 A note shall be provided on the final plans indicating that a six (6) foot high chain link fence shall be installed around the site prior to grading. A nylon fabric or mesh shall be attached to the temporary construction fencing. Gated entrances shall be permitted along the perimeter of the site for construction vehicles. BUILDING PLAN SUBMITTAL (3) 3.1 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. It is expected that a new set of California Codes will take effect on January 1, 2008. Please note that the current conditions are based on current codes that maybe subject to change with adoption of new codes. ~. . -- -- ... .. Resolution 4054 DR 06-011 Page 4 (3) 3.2 Building plan check submittal shall include the following: · Four (4) sets of construction plans, including drawings for mechanical, plumbing, and electrical. · Two copies of structural calculations. · Two copies of Title 24 energy calculations. · 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 gO-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 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." · Noise attenuation features as required by Condition 11.1 of this Resolution. · Note on plans that no field changes shall be made without prior approval from the Building Official and architect or engineer of record. (1) 3.3 Sufficiently sized concrete pad in front of mailbox structures shall be provided to allow mail carrier to place mail and homeowner to retrieve mail without standing in the street or landscape area. (3) 3.4 Submitted plans shall comply with 2001 California Building Code Chapter 3, Chapter 5, and minimum egress requirements in Table 10A or the latest adopted codes at the time of plan check submittal. (3) 3.5 Area of third floors exceeding 550 sq. fl. shall have at least two means of egress per CBC Section 1007.7.1 and as modified by the City of Tustin Building Division Policy #C6. (3) 3.6 All buildings shall be within maximum allowable floor area per Table 5-B of the 2001 CBC or the latest adopted codes at the time of plan check submittal. (3) 3.7 Escape or rescue windows shall be provided in all sleeping rooms, in accordance with the 2001 California Building Code (Section 310.4). Resolution 4054 DR 06-011 Page 5 (1) 3.8 The clear and unobstructed interior garage dimensions for each parking space shall be a minimum of 10 feet in width and 20 feet in length and shall be shown on the plans. (1) 3.9 No structures shall be permitted to be developed over active pipelines, abandoned lines, or utility easements, except where approved by the City Engineer and/or Building Official. The SCE easements shall be quitclaimed prior to issuance of any grading permit. (1) 3.10 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 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 C&D security deposit will be collected prior to issuance the permit. Prior to final inspection, the applicant shall submit to the City of Tustin documents (Le. receipt from vendor) showing actual weight or volume of each material of C&D diverted to the recycling center. For any questions or concerns, please contact Joe Meyers at (714) 573-3173. (1) 3.11 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. PUBLIC WORKS DEPARTMENT (1) 4.1 A 24" x 36" street improvement plan, prepared by a California Registered Civil Engineer, shall be required for all construction within the public right-of-way, including the Project entrance on Red Hill Avenue. Said improvement plans shall include all recommendations and mitigation measures included in the traffic study prepared for the project and attached to the Mitigated Negative Declaration. (1) 4.2 A 24" x 36" reproducible construction area traffic control plan, prepared by a California Registered Traffic Engineer or Civil Engineer experienced in this type of plan preparation, shall be required for work within the public right-of-way. ~ Resolution 4054 DR 06-011 Page 6 (1) 4.3 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: 1. Final street elevations at key locations. 2. Final pad/finished floor elevations and key elevations for all site grading. All pad elevations shall be a minimum of 1.0 foot above base flood elevation as defined by FEMA. 3. All flood hazards of record. (1) 4.4 Adequate horizontal and vertical intersection sight line shall be provided. In general a 25' x 25' limited use area 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 Works 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 Works Construction No. 510. (1) 4.5 Existing sewer, domestic water, reclaimed water, and storm drain service laterals shall be utilized whenever possible. On-site flows shall be diverted into an approved storm drain, subject to review and approval by the City Engineer. (1) 4.6 Any damage done to existing street improvements and utilities shall be repaired before issuance of a Certificate of Occupancy for the development. (1) 4.7 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. (1) 4.8 Applicant shall provide and maintain the landscaping within the new 10 foot right-of-way dedications in fee on Red Hill Avenue and Walnut Avenue. No new trees shall be planted along Red Hill Avenue. Lawn, shrubs, and ground covers are acceptable. (1) 4.9 With the exception of the 66 KV power lines and other aerial utility lines sharing the poles on Walnut Avenue, the applicant shall provide for the undergrounding of all existing and proposed utility distribution facilities within the public right-of-way adjacent to the project as well as within the project, unless exempt per the Development Code. The applicant shall be responsible for the associated costs and arrangement with each public utility. (1) 4.10 Left blank intentionally. Resolution 4054 DR 06-011 Page 7 (1) 4.11 The left turn from the project site onto Red Hill Avenue may be prohibited in the future if determined necessary by the City's Traffic Engineer. (1) 4.12 Current Federal Americans with Disabilities Act (ADA) requirements shall be met at the drive aprons and sidewalk. (1) 4.13 Prior to issuance of any Building Permit, the applicant shall provide written approval from the Orange County Sanitation District for sewer connections to the Tustin Public Works Department. (1) 4.14 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) 4.15 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) 4.16 Multi-Family Recycling: a. Pursuant to City Code Section 9275, The Applicant, Property Owner, and/or tenant(s) are required to participate in the City's recycling program. b. Prior to issuance of a Grading Permit, a solid waste recycling plan shall be submitted and approved by the City of Tustin Public Works Department. The plan shall contain the following information: i. The total quantity (Ibs. or tons) of waste material to be generated by the proposed development use(s). ii. The types of waste materials likely to be generated by the proposed use(s). iii. The proposed method of recycling, including material types and quantities. iv. Identify any outside recycling equipment or services, other than the City franchise hauler, proposed to service the development. v. Identify any special waste materials (cooking oils, hazardous materials, lumber, etc.) which require special handling. Resolution 4054 DR 06-011 Page 8 vi. Identify the types and number of collection receptacles to be utilized and the proposed frequency of collection. vii. Demonstrate that waste and recycling collection locations are clearly identified and are equally and readily accessible by property owners and tenants viii. Demonstrate that waste collection locations can be readily accessed by waste and recycling collection vehicles. (1) 4.17 A complete hydrology study and hydraulic calculations shall be submitted to the City for review and approval. (1) 4.18 All sanitary sewer facilities shall be submitted as required by the local sewering agency. (1) 4.19 Water improvement plans shall be prepared and submitted for City's review. (1) 4.20 Water 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) 4.21 Hydraulic analysis of the proposed water system and ability to meet OCFA fire flow demands and requirements be performed and certified by the developer. (1) 4.22 Location of fire hydrants to be approved by the City of Tustin and the Orange County Fire Authority. (1) 4.23 The Developer is responsible for all costs related to the abandonment, at the water main, of all existing potable water and fire service connections. (1) 4.24 The Developer shall be responsible for all costs related to the installation of new potable and firewater services. (1) 4.25 Approval from 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 the City's water facilities. Resolution 4054 DR 06-011 Page 9 (1) 4.26 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) 4.27 Water system improvements to be designed in accordance with the requirements and standards of the City of Tustin Department of Public Works or the American Water Works Association (AWWA). (1) 4.28 Prior to issuance of Building Permit, the applicant shall provide fire protection access easements, water easements and dedicate them to the City. The easements shall be located within unobstructed areas and clear access shall be provided at all time. (1) 4.29 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 (CAD D) format. The standard file format is AutoCAD Release 2004 having the extension DWG. Likewise, layering and linetype conventions are AutoCAD-based (latest version available upon request from the Engineering Division). In order to interchangeably utilize the data contained in the infrastructure mapping system, CADD drawings must be in AutoCAD "DWG" format (Le., produced using AutoCAD or AutoCAD compatible CADD software). The most current version of AutoCAD is Release 2004. Drawings created in AutoCAD Release 2004 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 the "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. WATER QUALITY (1 ) 5.1 The applicant shall comply with the following conditions pertaining to the requirement for a Water Quality Management Plan: A. Prior to issuance of any permit, the applicant shall submit for approval by the Community Development and Public Works Departments, a Water Quality Management Plan (WQMP) specifically identifying Best Management Practices (BMPs) that will be used on-site to control predictable pollutant run-off. This WQMP shall identify the structural and non-structural measures specified detailing implementation '--", Resolution 4054 DR 06-011 Page 10 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. B. Prior to submittal of a Water Quality Management Plan (WQMP), the applicant shall submit a deposit of $5,000.00 for the estimated cost of review of the WQMP to the Building Division. The actual costs shall be deducted from the deposit, and the applicant shall be responsible for any additional review cost that exceeded the deposit prior to issuance of grading permits. Any unused portion of the deposit shall be refunded to the applicant. C. Prior to issuance of any permits, the property owner shall record a Notice of Water Quality Management Plan (WQMP) with the County Clerk Recorder on a form provided by the Community Development Department to inform future property owners of the requirement to implement the approved WQMP. D. The Community Development and Public Works Departments shall determine whether any change in use requires an amendment to an approved Water Quality Management Plan. (1) 5.2 Prior to issuance of grading permits, the applicant shall submit a copy of the Notice of Intent (NOI) indicating that coverage has been obtained under the National Pollutant Discharge Elimination System (NPDES) State General Permit for Storm Water Discharges Associated with Construction Activity from the State Water Resources Control Board. Evidence that the NOI has been obtained shall be submitted to the Building Official. In addition, the applicant shall include notes on the grading plans indicating that the project will be implemented in compliance with the Statewide Permit for General Construction Activities. (1) 5.3 The following requirements shall be defined on permit plan cover sheets as either general or special notes and the project shall be implemented in accordance with the notes: A. Construction sites shall be maintained in such a condition that an anticipated storm does not carry wastes or pollutants off the site. B. Discharges of material other than stormwater are allowed only when necessary for performance and completion of Resolution 4054 DR 06-011 Page 11 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. C. Potential pollutants include, but are not limited to, solid or liquid chemical spills; wastes from paints, stains, sealants, glues, limes, pesticides, herbicides, wood preservatives, and solvents; asbestos fibers, paint flake or stucco fragments; fuels, oils, lubricants, and hydraulic, radiator or battery fluids; fertilizers, vehicle/equipment wash water and concrete wash water, concrete, detergent or floatable wastes; wastes from any engine equipment steam cleaning or chemical degreasing; and chlorinated potable water line flushing. During construction, disposal of such materials shall occur in a specified and controlled temporary area on-site, physically separated from potential storm water run-off, with ultimate disposal in accordance with local, State, and Federal requirements. D. Dewatering of contaminated groundwater or discharging contaminated soils via surface erosion is prohibited. Dewatering of non-contaminated groundwater requires a National Pollutant Discharge Elimination System Permit from the California State Regional Water Quality Control Board. MODEL HOME PLAN AND CONSTRUCTION PHASING (1) 6.1 A site plan, street improvement plan including a public parking area, landscape plans, lighting plans and striping plan for the model home complex shall be submitted for review and approval of the Community Development Department, in accordance with the phasing requirements for the project contained within Resolution 4054. All required improvements for streets, landscaping, ADA compliance, emergency access, security lighting, etc. shall be installed prior to final inspection for the model homes and the sales office. (1) 6.2 The recreation area (pool/spa, pool buildings, etc.), all perimeter block walls including a new 6' 8" block wall along the westerly and northerly property lines, landscaping, and infrastructure shall be installed with the first phase of development. (1) 6.3 Temporary construction fencing shall be permitted to encroach into required travelways of private streets or drives once constructed and shall be removed prior to issuance of Certificate of Occupancy for the model homes. Resolution 4054 DR 06-011 Page 12 (1) 6.4 The developer shall close and convert the model homes to occupancy within 90 days from the last home sale of the same style home. Prior to issuance of building permits for the model homes, the developer shall submit a bond to ensure the conversion. ARCHITECTURE (4) 7.1 Window trims, surrounds, and mullions shall be provided on all elevations consistent with the architectural treatment and of the buildings subject to final approval of the Community Development Department. (4) 7.2 All exterior colors and textures shall be submitted to review and approval of the Community Development Department and final inspection. Colors, materials, and textures shall be coordinated with the architectural styles and noted in construction plans. (4) 7.3 All mechanical and electrical fixtures and equipment shall be adequately and decoratively screened. The screen shall be included as an element of the overall design of the project and blend with architectural design of the building. All telephone and electrical boxes shall be identified on the construction plans. Electrical transformers shall be located toward the interior of the project to minimize visual impacts. (4) 7.4 All portions of the buildings shall be located 15 feet from the ultimate right-of-way along Walnut Avenue. The balconies along Walnut Avenue that enhance the streetscape and provide a usable open space for the residents can encroach a maximum of three feet into the required front yard setback. LAN DSCAPING/HARDSCAPE (1 ) 8.1 Submit at plan check complete detailed landscaping and irrigation plans for all landscaping areas, including the model complex, consistent with adopted City of Tustin Landscaping requirements. The plans shall include the following: . Include a summary table identifying plan materials. The plant table shall list botanical and common names, sizes, spacing, location, and quantity of the plant materials proposed. . Show planting and berming details, soil preparation, staking, etc. The irrigation plan shall show location and control of backflow prevention devices, pipe size, sprinkler type, spacing, and coverage. Details for all equipment must be provided. Resolution 4054 DR 06-011 Page 13 . Show all property lines on the landscaping and irrigation plans, public right-of-way areas, sidewalk widths, parkway areas, and wall locations. . The Community Development Department may request minor substitutions of plant materials or request additional sizing or quantity of materials during plan check. . Add a note that coverage of landscaping and irrigation materials is subject to inspection at project completion by the Community Development Department. . Turf is unacceptable for grades over 25 percent. A combination of planting materials shall be used. On large areas, ground cover alone is not acceptable. . Shrubs shall be a minimum of five (5) gallon size and shall be placed a maximum of five (5) feet on center. . Ground cover shall be planted eight (8) to twelve (12) inches on center. r~ . Fences, wall, and equipment areas shall be screened with walls, vines, and/or trees. . All plant materials shall be installed in a healthy vigorous condition typical to the species and shall be maintained in a neat and healthy condition. Maintenance includes, but is not limited to, trimming, weeding, removal of litter, fertilizing, regular watering, and replacement of diseased or dead plants. . Major points of entry to the project, private streets, and private drives and internal circulation shall receive specimen trees to create an identifying theme. . No additional trees shall be planted within the future right-of- way along Red Hill Avenue. The existing trees and landscaping shall be maintained or replaced if necessary until the road widening project is progress. . Any tree removed on the northerly property line shall be replaced with a minimum 36-inch box tree to provide adequate screening. Resolution 4054 DR 06-011 Page 14 (4) 8.2 On-site walls and fences shall be noted on the plans with specific materials, colors, and decorative treatments. Interior wall/fences shall be made of durable materials subject to review and approval of the Community Development Department. USE RESTRICTIONS (4) 9.1 Parallel guest parking spaces, parking stalls, and driveway parking spaces shall be maintained as shown on the approved "Site Plan" and "Waste Management Plan." Any changes to the number, location, or size of parking spaces shall be reviewed and approved by the Director of Community Development. (1) 9.2 Trashcans shall be placed only in the locations identified on the approved "Waste Management Plan" up to twelve (12) hours prior to regularly scheduled trash collection and shall be removed within twelve (12) hours of trash collection. Adequate signs that post the Waste Management Plan and designated parking spaces shall be provided subject to final approval of the Community Development Department. (1) 9.3 No outdoor storage shall be permitted during grading or building stages, except as approved by the Tustin Community Development Director. (1) 9.4 During construction, permission from adjacent property owners shall be required for any work located on adjacent properties. (1) 9.5 Access to and from the site to Red Hill Avenue should be available with completion of the project. The left turn egress from the project site may be prohibited in the future if determined necessary by the City's Traffic Engineer. (1) 9.6 All on-site signs (i.e. stop signs, no parking signs) shall be designed with decorative posts complementary to the light posts throughout the site. ORANGE COUNTY FIRE AUTHORITY (5) 10.1 Prior to the issuance of any 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. (5) 10.2 Prior to the issuance of a building permit, the applicant shall submit plans for the required automatic fire sprinkler system in all structures to the Fire Chief for review and approval. Please contact Resolution 4054 DR 06-011 Page 15 the OCFA at (714) 573-6100 to request a copy of the "Orange County Fire Authority Notes for New NFPA 13 Commercial Sprinkler Systems." Prior to the issuance of a certificate of occupancy, this system shall be operational in a manner meeting the approval of the Fire Chief. (5) 10.3 Prior to the issuance of any building permits, the applicant shall submit plans and obtain approval from the Fire Chief for fire lanes on required fire access roads less than 36 feet in width. The plans shall indicate the locations of red curbs and signage and include a detail of the proposed signage including the height, stroke and colors of the lettering and its contrasting background. Please contact the OCFA at (714) 573-6100 or visit the OCFA website to obtain a copy of the "Guidelines for Emergency Access Roadways and Fire Lane Requirements." Prior to the issuance of any certificate of occupancy, the fire lanes shall be installed in accordance with the approved fire master plan. The CC&R'S's or other approved documents shall contain a fire lane map, provisions prohibiting parking in the fire lanes and a method of enforcement. (5) 10.4 Prior to the issuance of a building permit, the applicant shall submit architectural plans for the review and approval of the Fire Chief if required per the "Orange County Fire Authority Plan Submittal Criteria Form." Please contact the OCFA at (714) 573-6100 for a copy of the Site/Architectural Notes to be placed on the plans prior to submittal. (5) 10.5 Prior to the issuance of a building permit, plans for the fire alarm system shall be submitted to the Fire Chief for review and approval. Please contact the OCFA at (714) 573-6100 or visit the OCFA website to obtain a copy of the "Guideline for New and Existing Fire Alarm Systems." This system shall be operational prior to the issuance of a certificate of occupancy. (5) 10.6 Prior to the issuance of any building permits, the applicant shall submit a fire hydrant location plan to the Fire Chief for review and approval. Prior to the issuance of a building permit, the applicant shall submit evidence of the on-site fire hydrant system to the Fire Chief and indicate whether it is public or private. If the system is private, it shall be reviewed and approved by the Fire Chief prior to building permit issuance, and the applicant shall make provisions for the repair and maintenance of the system in a manner meeting the approval of the Fire Chief. Please contact the OCFA at (714) 573- Resolution 4054 DR 06-011 Page 16 6100 or visit the OCFA website for a copy of the "Guidelines for Private Fire Hydrant &Ior Sprinkler Underground Piping." Prior to the issuance of any certificate of occupancy, all fire hydrants shall have a blue reflective pavement marker indicating the hydrant location on the street as approved by the Fire Chief, and must be maintained in good condition by the property owner. Please contact the OCFA at (714) 573-6100 or visit the OCFA website for a copy of the "Guideline for Installation of Blue Dot Hydrant Markers." NOISE (*) 11.1 The following mitigation shall be included in the plan check submittal to mitigate the noise impacts: · Roof ceiling construction shall be roofing on Y, inch plywood. Batt insulation shall be provided in joist spaces and the interior ceiling shall be finished with one layer of 5/8 inch gypsum board. · All exterior walls shall be 2 x 4 studs at 16 inches on center with batt insulation between studs. Exterior walls shall be plaster with 5/8 inch gypsum board on the interior. · All southeast and southwest facing windows and glass doors shall be glazed with STC 32 glazing with either 'j., inch laminated glass or dual pane assembly with Y, inch air space. In either case, a test report must be provided at the time of installation to ensure compliance with the minimum requirements. The report shall be prepared in an independent, accredited testing laboratory in accordance with ASTM E-90. · All entry doors shall be 1 3/4 inch solid core door with weather stripping seals on the sides and top. No glazing shall be permitted for the entry doors. · Since meeting the minimum levels of interior noise standard would require closed windows and doors, the structures shall be equipped with ventilation or an air-conditioning system to provide a habitable interior environment. · Balconies six feet in depth along Walnut Avenue and the first units of the multiple unit complexes along Red Hill Avenue shall be designed with 42 inch high solid railings designed compatible with the proposed architecture. ENVIRONMENTAL (*) 12.1 If buried resources are found during grading within the project area, a qualified archaeologist would need to assess the site significance and perform the appropriate mitigation. The Native American Resolution 4054 DR 06-011 Page 17 viewpoint shall be considered during this process. This could include testing or data recovery. Native American consultation shall also be initiated during this process. POLICE DEPARTMENT (*) 13.1 The pool access gates need to be equipped with a knox box for emergency access. (*) 13.2 Landscaping should be designed with surveillance opportunities for residents and police personnel in patrol vehicles. (*) 13.3 Security devices such as double locking dead bolts, strike plates, with 1 1/2 inch screws and pin locks on windows and sliders shall be installed minimizing the potential for criminals to access the units. FEES (1)(5) 14.1 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 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 plan check and permit issuance. c. Orange County Fire Authority plan check and inspection fees to the Community Development Department based upon the most current schedule at the time of permit issuance. d. Major Thoroughfare and Bridge Fees to the Tustin Public Works Department based on the most current schedule at the time of building permit issuance. e. Transportation System Improvement Program (TSIP), Benefit Area "B" fees in the amount of $3.31 per square foot of new or added gross square floor area of construction or improvements to the Community Development Department. ~ I ! f. Water and sewer connection fees to City of Tustin Water Services. g. New development tax is $350.00 per unit. Resolution 4054 DR 06-011 Page 18 h. School facilities fee in the amount as required by Tustin Unified School District. i. Applicable parkland in-lieu fees as required by Resolution No. 4054. (1) 14.2 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 $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.