Exhibit A
Standard Conditions
SC AES-1 For future development located in or immediately adjacent to residentially zoned properties, construction documents shall include language that requires all construction contractors to strictly control the staging of construction equipment and the cleanliness of construction equipment stored or driven beyond the limits of the construction work area. Construction equipment shall be parked and staged within the project site, as distant from the residential use, as reasonably possible. Staging areas shall be screened from view from residential properties.
SC AES-2 Construction documents shall include language requiring that construction vehicles be kept clean and free of mud and dust prior to leaving the develop ment site. Streets surrounding the development site shall be swept daily and maintained free of dirt and debris.
SC AES-3 Construction worker parking may be located off -site with prior approval by the City. On - street parking of construction worker vehicles on residential streets shall be prohibited.
SC AQ-1 Prior to issuance of any Grading Permit, the Community and Economic Development Director and the Building Official shall confirm that the Grading Plan, Building Plans, and specifications stipulate that, in compliance with SCAQMD Rule 403, excessive fugitive dust emissions shall be controlled by regular watering or other dust prevention measures, as specified in the SCAQMD’s Rules and Regulations. In addition, SCAQMD Rule 402 requires implementation of dus t suppression techniques to prevent fugitive dust from creating a nuisance off -site. Implementation of the following measures would reduce short -term fugitive dust impacts on nearby sensitive receptors:
• All active portions of the construction site shall be watered twice daily to prevent excessive amounts of dust;
• Non-toxic soil stabilizers shall be applied to all inactive construction areas (previously graded areas inactive for 20 days or more, assuming no rain), according to manufacturers’ specifications;
• All excavating and grading operations shall be suspended when wind gusts (as instantaneous gust) exceed 25 miles per hour;
• On-site vehicle speed shall be limited to 15 miles per hour; All on-site roads shall be paved as soon as feasible, watered twice d aily, or chemically stabilized; Visible dust beyond the property line which emanates from the project shall be prevented to the maximum extent feasible;
• All material transported off-site shall be either sufficiently watered or securely covered to prevent excessive amounts of dust prior to departing the job site; Track-out devices shall be used at all construction site access points;
• All delivery truck tires shall be watered down and/or scraped down prior to departing the job site; A construction relations officer shall be appointed to act as a community liaison concerning on-site construction activity including resolution of issues related to fugitive dust generation;
• Streets shall be swept at the end of the day if visible soil material is carried onto adjacent paved public roads and use of SCAQMD Rule 1186 and 1186.1 certified street sweepers or roadway; and
• Replace ground cover in disturbed areas as quickly as possible.
SC AQ-2 All trucks that are to haul excavated or graded material on -site shall comp ly with State Vehicle Code Section 23114 (Spilling Loads on Highways), with special attention to Sections 23114(b)(F), (e)(4) as amended, regarding the prevention of such material spilling onto public streets and roads. Prior to the issuance of grading per mits, the Applicant shall demonstrate to the City of Fullerton how the project operations subject to that specification during hauling activities shall comply with the provisions set forth in Sections 23114(b)(F), (e)(4).
SC AQ-3 The following measures sha ll be implemented to reduce VOC emissions resulting from application of architectural coatings:
• Contractors shall use high-pressure-low-volume (HPLV) paint applicators with a minimum transfer efficiency of at least 50 percent;
• Use required coatings and solvents with a VOC content lower than required under Rule 1113;
• Construct/build with materials that do not require painting; and • Use pre-painted construction materials.
SC AQ-4 Prior to issuance of any Grading Permit, the Community and Economic Development Director and the Building Official shall confirm that the Grading Plan, Building Plans and specifications stipulate that ozone precursor emissions from construction equipment vehicles shall be controlled by maintaining equipment engines in good condition and in proper tune per manufacturer’s specifications, to the satisfaction of the City Engineer.
Equipment maintenance records and equipment design specifications data sheets shall be kept on-site during construction. The City Inspector shall be responsible for ensuring that contractors comply with this measure during construction.
SC AQ-5 Electricity from power poles shall be used instead of temporary diesel or gasoline powered generators to reduce the associated emissions. Approval shall be required by the City of Fullerton Building and Safety Division prior to issuance of grading permits.
SC AQ-6 Each individual implementing development project shall submit a traffic control plan prior to the issuance of a grading permit. The traffic control plan shall describe in detail safe detours and provide temporary traffic control during construction activities for that project. To reduce traffic congestion, the plan shall include , as necessary, appropriate, and practicable, the following: temporary traffic controls such as a flag person during all phases of construction to maintain smooth traffic flow, dedicated turn lanes for movement of construction trucks and equipment on- and off-site, scheduling of construction activities that affect traffic flow on the arterial system to off -peak hour, consolidating truck deliveries, rerouting of construction trucks away from congested streets or sensitive receptors, and/or signal synchronization to improve traffic flow.
SC AQ-7 Building and grading permits shall include a restriction that limits idling of construction equipment on-site to no more than five minutes.
SC AQ-8 Proposed development projects that are subject to CEQA shall have cons truction related air quality impacts analyzed using the latest available air emissions model, or other analytical method determined in conjunction with the SCAQMD. The results of the construction-related air quality impacts analysis shall be included in th e development project’s CEQA documentation. To address potential localized impacts, the air quality analysis may incorporate SCAQMD’s Localized Significance Threshold analysis or other appropriate analyses as determined in conjunction with SCAQMD. If such analyses identify potentially significant regional or local air quality impacts, the City shall require the incorporation of appropriate mitigation to reduce such impacts.
SC BIO-1 Existing trees on -site would be removed during construction; however, all v egetation removal would be conducted in accordance with applicable regulations to avoid impacts on nesting birds and avian species, and ensuring impacts are less than significant. Notably, construction activities would be completed in compliance with the f ederal Migratory Bird Treaty Act, and Sections 3503, 3503.5, 3513 of the California Fish and Game Code, which protect active nests of avian species, including common raptor species, through the following measures, which will be Conditions of Approval for the project:
• Removal of trees and vegetation shall be avoided, to the greatest extent possible, during the nesting season (generally February 1 to August 31). If site -preparation activities are proposed during the nesting/breeding season (February 1 to Aug ust 31), a pre - construction nesting bird survey shall be conducted by a qualified Biologist within 72 hours prior to vegetation removal, to determine if active nests of species protected by the MBTA or the California Fish and Game Code are present in the construction zone. If active nests are not located, construction may be conducted during the nesting/breeding season.
• If the biologist finds an active nest on the Project site and determines that the nest may be impacted, the Biologist shall delineate an appropriate buffer zone around the nest. The size of the buffer shall be determined by the Biologist, and shall be based on the nesting species, its sensitivity to disturbance, expected types of disturbance, and location in relation to the construction activities. These buffers are typically 300 feet from the nests of non-listed species and 500 feet from the nests of raptors and listed species. Any active nests observed during the survey shall be mapped on an aerial photograph. Only construction activities (if any) that have been approved by a Biological Monitor shall take place within the buffer zone until the nest is vacated. The Biologist shall serve as a Construction Monitor when construction activities take place near active nest areas to ensure that no inadvertent impacts on these nests occur. Results of the pre-construction survey and any subsequent monitoring shall be provided to the City.
SC BIO-2 All tree plantings, removals, or alterations associated with the project shall be conducted in accordance with the requirements set forth in the Fullerton Community Forestry Ordinance (Fullerton Municipal Code, Chapter 9.06 et seq.). Specifically, in compliance with Section
9.06.090, Planting Trees, prior to the issuance of a building permit, the Applicant/Developer shall submit a Plot Plan of the proposed development so the Director of Development Services can determine the tree requirements for site development. The plot plan shall:
1. Clearly show all existing trees, noting location, species, size, and condition;
2. Note whether existing trees will be retained, removed, or relocated;
3. Show proposed utilities, driveways, sidewalks and tree planting locations, and the size and species of proposed street trees; and
4. Conform with ground and aerial setback s pecifications, as defined in the Co mmunity Forest Management Plan.
SC CR-1 In the event that cultural resources (archaeological, historical, paleontological) resources are inadvertently unearthed during excavation and grading activities of any future development project, the contractor shall immediately cease all earth disturbing activities within a 100-foot radius of the area of discovery. If not already retained due to conditions present pursuant to CR -2, the project proponent shall retain a qualified pro fessional (i.e., archaeologist, historian, architect, paleontologist, Native American Tribal monitor), subject to approval by the City of Fullerton, to evaluate the significance of the finding and appropriate course of action (refer to Mitigation Measures CR-1, CR-2, and CR -4 in The Fullerton Plan EIR). If avoidance of the resource(s) is not feasible, salvage operation requirements pursuant to Section 15064.5 of the CEQA Guidelines shall be followed. After the find has been appropriately avoided or mitigated, work in the area may resume.
SC CR-2 In the event that human remains are unearthed during excavation and grading activities of any future development project, all activity shall cease immediately. Pursuant to State Health and Safety Code Section 7050.5, no further disturbance shall occur until the County coroner has made the necessary findings as to origin and disposition pursuant to Public Resources Code Section 5097.98. If the remains are determined to be of Native American descent, the coroner shall within 24 hours notify the Native American Heritage Commission (NAHC). The NAHC shall then contact the most likely descendant of the deceased Native American, who shall serve as consultant on how to proceed with the remains.
SC GEO-1 The proposed project is required to conform to the seismic design parameters of the 2019 California Building Code and the 2019 California Green Building Standards Code (or applicable adopted code at the time of plan submittal or permit issuance), as set forth in Title 14 of the City of Fullerton’s Municipal Code at the time the grading plans are submitted.
SC HAZ-1 Prior to potential remedial excavation and grading activities, impacted areas shall be cleared of all maintenance equipment and materials (e.g., solvents, grease, waste oil), construction materials, miscellaneous stockpiled debris (e.g., scrap metal, pallets, storage bins, construction parts), above ground storage tanks, surface trash, piping, excess vegetation and other deleterious materials. These material s shall be removed off -site and properly disposed of at an approved disposal facility. Once removed, a visual inspection of the areas beneath the removed materials shall be performed. Any stained soils observed underneath the removed materials shall be sam pled. In the event concentrations of materials are detected above regulatory cleanup levels during demolition or construction activities, the project Applicant shall comply with the following measures in accordance with federal, State, and local requirements:
• Excavation and disposal at a permitted, off-site facility; • On-site remediation, if necessary; or
• Other measures as deemed appropriate by the City of Fullerton Fire Department.
SC HAZ-2 Prior to structural demolition activities, a Certified Environmental Professional shall confirm the presence or absence of asbestos -containing materials (ACMs) and lead based paints (LBPs). Should ACMs or LBPs be present, an Operations and Maintenance (O&M) Program shall be implemented, and demolition materia ls containing ACMs and/or LBPs shall be removed and disposed of at an appropriate permitted facility.
SC HAZ-3 Prior to construction, the project Applicant shall prepare a Traffic Control Plan for implementation during the construction phase, as deemed nec essary by the City Traffic Engineer. The Plan may include the following provisions, among others:
• At least one unobstructed lane shall be maintained in both directions on surrounding roadways.
• At any time only a single lane is available, the Applicant shall provide a temporary traffic signal, signal carriers (i.e., flag persons), or other appropriate traffic controls to allow travel in both directions.
• If construction activities require the complete closure of a roadway segment, the Applicant shall provide appropriate signage indicating detours/alternative routes.
SC HAZ-4 The City Community and Economic Development Department shall consult with the Fullerton Police Department to disclose temporary closures and alternative travel routes, in order to ensure adequate access for emergency vehicles when construction of a development results in temporary lane or roadway closures.
SC HYD-1 Prior to issuance of any Grading Permit, future development projects shall prepare, to the satisfaction of the Director of En gineering, a Water Quality Management Plan (WQMP), which includes post -construction Best Management Practices (BMPs) that would be implemented as part of the project, in accordance with the Orange County Drainage Area Management Plan (DAMP), the General MS 4 Permit (RWQCB Order No. R8 -2009-0030, as amended), and the City of Fullerton’s Water Quality Ordinance (Chapter 12.18 of the Fullerton Municipal Code). All BMPs of the WQMP shall be implemented during the operation phase. The project Applicant shall comply with the BMPs detailed in the WQMP , and other measures as the City deems necessary to mitigate potential water quality impacts.
SC HYD-2 Prior to issuance of any Grading Permit, future development projects shall prepare, to the satisfaction of the Director of Engineering, a Water Quality Management Plan or Stormwater Mitigation Plan, which includes Best Management Practices (BMPs), in accordance with the Orange County DAMP. All recommendations in the Plan shall be implemented during post construction/operation phase. The project applicant shall comply with each of the recommendations detailed in the Study, and other such measure(s) as the City deems necessary to mitigate potential water quality impacts.
SC HYD-3 Prior to site plan approval, the project ow ner/developer(s) shall be required to coordinate with the City of Fullerton Engineering Department to determine requirements necessary to mitigate impacts to drainage improvements in order to accommodate storage volumes and flood protection for existing and future runoff. Proposed projects shall implement mitigation measures, if required, to the satisfaction of the City of Fullerton Public Works Director. For any new storm drainage projects/studies that have the potential to impact adjacent jurisdictions’ s torm drainage systems, the developer shall submit said studies to the applicable jurisdiction for review and approval.
SC NOI-1 Project Applicant shall ensure through contract specifications that construction Best Management Practices (BMPs) be implemented by contractors to reduce construction noise levels. Contract specifications shall be included in construction documents, which shall be reviewed by the City prior to issuance of a grading or building permit (whichever is issued first). The construction BMPs shall include the following:
• Ensure that construction equipment is properly muffled according to industry standards and be in good working condition.
• Place noise-generating construction equipment and locate construction staging areas away from sensitive uses, where feasible.
• Schedule high noise-producing activities between the hours of 7:00 AM and 8:00 PM on any day except Sunday or a City -recognized holiday to minimize disruption on sensitive uses.
• Implement noise attenuation measures to the extent feasible, which may include, but are not limited to, temporary noise barriers or noise blankets around stationary construction noise sources.
• Use electric air compressors and similar power tools rather than diesel equipment, where feasible.
• Construction-related equipment, includi ng heavy -duty equipment, motor vehicles, and portable equipment, shall be turned off when not in use for more than 5 minutes. • Construction hours, allowable workdays, and the phone number of the job superintendent shall be clearly posted at all construction entrances to allow for surrounding owners and residents to contact the job superintendent. If the City or the job superintendent receives a complaint, the superintendent shall investigate, take appropriate corrective action, and report the action taken to the reporting party.
SC NOI-2 Project Applicant shall require by contract specifications that heavily loaded trucks used during construction would be routed away from residential streets to the extent feasible.
Contract specifications shall be included in construction documents, which shall be reviewed by the City prior to issuance of a grading permit.
SC NOI-3 Project applicants shall ensure by contract specifications that construction staging areas along with the operation of earthmoving equipment wit hin the city would be located as far away from vibration and noise sensitive sites as possible. Should construction activities take place within 25 feet of an occupied structure, a project specific vibration impact analysis shall be conducted. Contract spe cifications shall be included in construction documents, which shall be reviewed by the City prior to issuance of a grading permit.
SC NOI-4 The City shall require mechanical equipment from future development to be placed as far practicable from sensitive receptors. Additionally, the following shall be considered prior to HVAC installation: proper selection and sizing of equipment, installation of equipment with proper acoustical shielding, and incorporating the use of parapets into the building design.
SC NOI-5 Prior to approval of building plans, project applicant shall comply with the California Code of Regulations, Title 24, Chapter 12, and submit an acoustical study for review and approval by the City’s Community and Economic Development Department demo nstrating that the structure design limits interior noise in habitable rooms to 45 dBA CNEL/Ldn.
SC SCH-1 Prior to the issuance of building permits, individual project applicants shall submit evidence to the City of Fullerton that legally required school i mpact fees have been paid per the mitigation established by the applicable school district.
SC PS-1 In accordance with Chapter 21.12 of the City of Fullerton Municipal Code, prior to the issuance of each building permit, the Applicant shall pay the most current park dwelling fee and/or negotiated park fees to the City. All money collected as fees imposed by Chapter
21.12 shall be deposited in the park dwelling fund and used for the acquisition, development, and improvement of public parks and recreational f acilities in the City, as proposed by the City’s Five ‐Year Capital Improvement Program. The Community and Economic Development Department shall confirm compliance with this requirement prior to issuance of a building permit.