EXHIBIT A
Address: 212 E. Santa Fe Avenue
Project: ZON-2022-0111
Date: April 20, 2023
ENGINEERING CONDITIONS OF APPROVAL:
PROJECT SPECIFIC
1. The proposed project shall comply with Fullerton Transportation Center (FTC) Specific Plan guidelines and Environmental Impact Report (EIR) Mitigation and Monitoring Program.
2. The project proposes an outdoor dining area at the SE corner of Pomona Avenue/Santa Fe Avenue which will encroach into existing public right -of-way. The developer has the following options:
a. The developer may apply for an abandonment of a portion of Pomona Avenue right- of-way. Public right -of-way shall be abandoned in accordance with Chapter 16.08 of the Fullerton Municipal Code (FMC). The developer shall pay fair market value for the area proposed for abandonment. The applicant shall be responsible for preparation of all abandonment documents (i.e., legal description, plat, appraisal) required to process the abandonment. The application for the abandonment of street right-of-way shall be reviewed by Planning Commission and recommendations shall be made consequently with the project review.
or
b. The developer may apply for an Outdoor Dining Encroachment Agreement with the City for removable private facilities encroaching into the public right -of-way. If this option is selected, the site plan shall be revised as needed for encroaching improvements to be removable. The Outdoor Dining Encroachment Agreement shall be submitted to Public Works Department – Engineering Division for review and approval and shall be executed prior to Final Certificate of Occupancy. Outdoor Dining application, guidelines, and leasing rates can be found on the City’s website.
3. The project is adjacent to Burlington Northern & Santa Fe (BNSF) railroad. The developer shall s ubmit the project to BNSF railroad for review and approval prior to issuance of permit(s).
4. The project is directly impacting Orange County Transportation Authority (OCTA) facilities.
The developer shall s ubmit the final design and configuration of the site plan, bus stops, and layover zones to OCTA for review , c omment, and approval prior to issuance of permit(s).
5. If BNSF’ and OCTA’ requirements result is site plan revisions, Director of Community and Economic Development Department shall determine if revisions can be approved administratively or the revised plan shall be submitted to Planning Commission and/or City Council for review and approval.
PROJECT FRONTAGE IMPROVEMENTS
6. Separate Public Improvement Plans for the listed improvements below shall be submitted to the Public Works Department – Engineering Division for review and approval prior to 212 E. Santa Fe Avenue
2 building permit issuance and shall be constructed prior to the issuance of the Temporary Certificate of Occupancy for the proposed Major Site Plan.
7. The proposed Major Site Plan shall comply with the improvements outlined in the conceptual grading and Preliminary WQMP plans unless otherwise directed by the Director of Community and Economic Development and City Engineer.
8. The existing AC pavement along Santa Fe Avenue is in poor condition. It’s anticipated that multiple utility connections, overall large scale of construction activities, and increased trip generation as identified in the Traffic Study will result in significant pavement deterioration beyond the project’s frontage. The project shall rehabilitate/reconstruct the existing asphalt pavement over the entire street width on Santa Fe Avenue between Harbor Boulevard to Lemon Street , including the intersection of Santa Fe Avenue and Lemon Street . The pavement structural section shall be designed in accordance with Geotechnical Investigation Report recommendations prepared by a Registered Civil Engineer and as approved by the City Engineer. The pavement design analysis shall specify a Traffic Index (TI), to be approved by the City Traffic Engineer, and an R -Value. The developer shall provide and implement a separate signing and striping plan following pavement reconstruction.
9. According to the Federal Highway Administration, AD A facilities adjacent to street pavement rehabilitation areas shall be brought to current standards. ADA access ramps within paving limits that are substandard shall be reconstructed in accordance with current City of Fullerton Standard Plans and ADA requi rements. All existing improvements in conflict with the ADA access ramp improvements shall be relocated as needed to the extent that these improvements can be accomplished. Final design of the of the street intersection corner access ramps shall be as approved by the City Traffic Engineer and City Engineer.
10. The developer proposes to remove existing hardscape and landscape improvements along the project frontages and construct new aesthetically enhanced sidewalk, landscaping, and plant new trees. The Developer shall comply with the following requirements:
a. Enhanced concrete pavement shall be designed in accordance with current City of Fullerton Standards, ADA requirements and guidelines , and shall match existing decorative pavement in the downtown area as approved by the Community and Economic Development Director and City Engineer.
b. Public sidewalks along the project frontages shall be a minimum of 10-ft wide with a minimum 6-ft clear width clearance for path of travel. The project shall dedicate additional street right-of-way as needed to accommodate the sidewalk widening. c. Existing City trees directly impacted by the development shall be replaced with new trees. Species type, spacing, and locations shall comply with the City of Fullerton Landscape Ordinance, City of Fullerton Master Plan of Street Trees, and Landscape Maintenance Requirements.
d. Final landscaping and irrigation plans, to address all landscaping improvements in the public right -of-way, shall be prepared and submitted to Public Works Department and Community and Economic Development Department for review, approval, and issuance of permits.
212 E. Santa Fe Avenue
3 e. Tree wells shall be per City Standard 126 including the installation of tree gates and base with a bolting mechanism, as applicable.
f. On-site irrigation shall be extended to new trees in the public right-of-way. g. The development shall maintain all proposed landscaping and enhanced hardscape in the public right-of-way along the project frontages, including irrigation.
An Encroachment and Maintenance Agreement shall be executed prior to Temporary Certificate of Occupancy.
11. All damaged and/or substandard existing concrete infrastructure (curb and gutter, cross gutter, spandrel, driveways, etc.) within paving limits shall be removed and replaced per City Standards.
12. The project proposes to relocate the existing eastbound OCTA bus stop on Santa Fe Avenue to the west side of Pomona Avenue. As a result, the south side of Santa Fe Avenue fronting the south side of Santa Fe Avenue west of Pomona within construction limits will require to be widened to accommodate the relocated bus stop. Therefore, the project shall install standard full height concrete curb and gutter and sidewalk along the south side of Santa Fe Avenue fronting the Fullerton Station and along the project frontages to provide continuous drainage flow and pedestrian accessibility.
13. Concrete pavement shall be constructed at OCTA bus stops fronting the Fullerton Station and the layover zone adjacent to the Pomona Parking Structure. Concrete bus pads shall be designed, located, and installed in accordance with OCTA’s standards and specifications. Bus pads shall be outlined in the final design plans and shall be constructed to the satisfaction of the City Traffic Engineer and City Engineer.
14. The applicant shall provide shade structures, seating, and trash receptacles as requested by the City Traffic Engineer and OCTA for the new bus stop located immediately adjacent to the Fullerton Station. The new bus stop is to have bus stop pavement markings, in accordance with OCTA’s transit-supportive design guidelines, to distinctly prohibit cars and other vehicles from parking in the bus zone. The provision of these bus stop amenities shall be outlined in the civil and traffic design plans for Santa Fe Avenue and constructed to the satisfaction of the City Traffic Engineer and City Engineer.
15. The applicant is to install full width sidewalk to create a full and continuous sidewalk adjacent to the new bus layover zone next to the Pomona Parking Structure. The new bus layover zone is to have bus stop pavement markings, in accordance with OCTA’s tr ansit- supportive design guidelines, to distinctly prohibit cars and other vehicles from parking in the bus zone. Within two years of the issuance of a certificate of occupancy for the project or sooner, should OCTA decide to convert the bus layover zone in to a bus stop, upon request of OCTA, the applicant is to provide shade structures, seating, and trash receptacles similar to those provided for the new bus stop constructed adjacent to the Fullerton Station. The provision of these bus layover, and potentia lly bus stop, amenities shall be outlined in the civil and traffic design plans for Santa Fe Avenue and constructed to the satisfaction of the City Engineer.
16. All new driveway approach(s) shall be constructed per City Standards and to the satisfaction of the City Engineer and City Traffic Engineer. 212 E. Santa Fe Avenue
4 17. Existing driveway approach(s) that will not be utilized by the proposed development shall be removed and reconstructed with standard full height curb and gutter, and concrete sidewalk per City Standards.
18. All improvements fronting the FTC and development shall be reviewed and approved by a CASP certified individual. A written statement shall be provided to the City during design and post-construction certifying that all improvements comply with current ADA standards and regulations.
19. All proposed surface parking and pedestrian improvements fronting the FTC shall address the ADA deficiencies identified in the ADA Transition Plan Report for the FTC.
Improvements shall comply with the overall FTC ADA compliance requirements and guidelines.
20. The Applicant shall design and implement modifications to the street lighting facilities along Santa Fe Avenue in the vicinity of the project and the Fullerton Station, including at the intersection of Santa Fe Avenue and Pomona Avenue to replace impacted streetlights and to enhance roadway and sidewalk lighting levels as necessary to improve safety and security for patrons of the project as users of the Fullerton Station and FTC. The design and construction of the street ligh ting modifications shall be per City Standards and the conditions below:
a. All new streetlight locations shall be City-approved locations. b. New streetlights shall be a low voltage system designed and installed in accordance with the City of Fullerton Standards (500 series) and Standard Specifications for Ornamental Street Lighting Systems with City of Fullerton - approved LED luminaires (Phillips LUMEC, Cooper Navion, GE Evolve or Leotek). c. The developer shall coordinate new electrical connection for new streetlights with SCE, if new city-owned electrical meter panel is required. Separate electrical meter panel(s) may be required for the streetlights along Santa Fe Avenue and the streetlights within the Fullerton Station surface lot. The new city-owned electrical metered panels shall be installed by the developer in a City of Fullerton standard switch cabinet (Std. 504) at a location approved by the City and Southern California Edison (SCE).
d. The number of streetlights shall be determined by a P hotometric Study in compliance with Illuminating Engineering Society (IES) standards prepared by the developer and shall be submitted to the Public Works Department – Engineering Division for review and approval. The new streetlights shall achieve an adequate illumination level and shall not exceed the City’s maximum spacing requirements.
If determined that additional streetlights are required, the developer shall install additional streetlights.
e. A separate street lighting plan shall be submitted to the Public Works Department for review and approval. Street light improvements shall be completed to the satisfaction of the City Traffic Engineer and City Engineer. 212 E. Santa Fe Avenue
5 f. Existing streetlights shall be s alvaged and returned to the Public Works Department. Streetlights shall be delivered to an agreed location specified by the City.
21. Existing Fullerton Station monument sign shall be salvaged and relocated to a City - approved location. If damaged during const ruction, monument sign shall be replaced by the developer.
GRADING AND DRAINAGE
22. Address all corrections from Cannon’s review of the conceptual grading plan, preliminary hydrology report, and soils report dated April 6, 2023.
23. Address corrections from JLHA’s review of conceptual grading plan, preliminary WQMP, and plan check dated April 7, 2023.
24. The proposed development shall modify onsite improvements as necessary to comply with the Orange County Local Drainage Manual (OCLDM) Section 3.2.1.
25. The proposed site improvements shall not result in the increase of storm water runoff and flow intensity to the adjacent properties. The project shall not increase runoff to public right- of-way above the existing storm drain infrastructure capacity. If the project does increase runoff above the storm drain capacity, then the project shall upsize the storm drain main as needed. No surface runoff shall be permitted across sidewalks and driveway approaches.
26. The project shall prepare a final p re-construction and post -construction Hydrology and Hydraulics Study. The size and alignment of the on-site and off-site drainage facilities shall be based upon detailed hydrology and hydraulic calculations prepared by a California Registered Engineer and shall be approved by the City Engineer prior to issuance of a grading permit.
27. Proposed on-site storm drain and BMPs facilities shall be privately owned and maintained.
28. The developer shall video inspect the existing downstream storm drain system at the intersection of Santa Fe Avenue/Lemon Street to determine if it’s adequate in condition.
Results of the video inspections shall be submitted to the Public Works Department for review. If determined that said storm drain facilities are damaged, in poor condition, substandard, and/or insufficient in capacity, the developer shall be required to repair and/or replace the existing facilities as needed to accommodate the developm ent and as approved by the City Engineer, or pay a fair share contribution to the Sanitation Fund based on the project’s prorated contributed use of those facilities prior to issuance of building permits.
29. All storm drains constructed within the public rig ht-of-way or public easements shall be a minimum of 18 inches in diameter RCP constructed in accordance with City standards.
30. The development shall grant the City of Fullerton an easement for an existing storm drain pipe that crosses into private property. Storm drain easement shall be a minimum of 20 -ft wide. Final locati on and alignment of such easement shall be based on the physical 212 E. Santa Fe Avenue
6 location of the existing storm drain facilities and shall be sufficient in size to accommodate maintenance operations, future construction, and as approved by the City Engineer. The alternative shall be to relocate the existing storm drain system outside private property, if feasible.
31. The existing storm drain pipe crossing into private prope rty shall be field verified. Pothole data shall be provided to Public Works Department – Engineering Division for review prior to recordation of the proposed storm drain easement.
32. Private improvements shall not encroach into the proposed storm drain easement including but not limited to walls, fencing, and/or structures.
33. A final grading plan shall be submitted to Public Works Department for review and approval, and a grading permit shall be issued prior to issuance of building permit.
34. Site grading shall adhere to the approved grading plan.
35. As-Built Grading Plan, signed and stamped by the Engineer of Record and the Geotechnical Engineer, shall be submitted to Public Works Department prior to finalizing and closing the grading permit. Any deviations from the approved grading plan will require a submittal of grading plan revision for the City Engineer’s review and approval.
36. All retaining walls and any above -ground construction, regardless of its height, that may alter the existing storm water flow pattern shall be shown on the grading plan.
37. A Final Priority Water Quality Management Plan (WQMP) shall be submitted and approved by the City Engineer prior to the issuance of a grading permit. The applicant shall submit three (3) hard copies of the Final WQMP (with the front page of each copy signed and stamped with wet ink application by a licensed California Civil Engineer), three (3) copies of the Plans (each sheet signed and stamped with wet ink application by a licensed California Civil Engineer), and one (1) co py of all original (wet ink documentation) forms and certifications.
38. All water quality requirements for the National Pollutant Discharge Elimination System (NPDES) Storm Water Program shall be compliant with the latest regulations and guidance documents. Permits and guidance documents include, but are not limited to, California Regional Water Quality Control Board – Santa Ana Region (Order No. R8 -2009-0030, NPDES Permit No. CAS618030), Orange County Model Water Quality Management Plan (Model WQMP), and the Orange County Technical Guidance Document (TGD).
39. Best Management Practices (BMPs) storm water treatment facilities shall be shown on the grading plan and shall be designed in accordance with the City-approved WQMP.
40. An Ownership and Maintenance Agreement for all common private drainage facilities and storm water quality BMP facilities, if any, shall be executed prior to Final Certificate of Occupancy.
41. Storm water runoff from privately-owned lots shall be treated separately and independently from City-owned storm water treatment facilities.
212 E. Santa Fe Avenue
7 42. The project is over an acre and requires a Storm Water Pollution Prevention Plan (SWPPP). The SWPPP shall be submitted to SMARTS (i.e. WDID issued) prior to approval of the Final WQMP.
UTILITIES
43. According to FMC Section 16.05.060, all proposed utilities that provide direct service to the subject property, including electric and all telecommunication systems, shall be installed underground; all existing facilities providing direct service to the de velopment shall be undergrounded.
44. Utility infrastructure directly impacted by the development shall be relocated as needed to the satisfaction of the utility owners.
WATER AND SEWER
45. A Sewer Limited Study has been reviewed and no capacity issues downstream were found due to the proposed development. Refer to Woodard and Curran’s Memo dated March 14, 2023. However, to comply with the required sewer improvements identified in the FTC Specific Plan, Section 3.6.2, the existing 6-inch Vitrified Clay Pipe ( V.C.P.) sewer main along the project frontage on Santa Fe Avenue shall be upsized to an 8-inch V.C.P. per City Standards.
46. All existing substandard sewer manholes within the paving limits shall be removed and replaced with standard precast concrete manholes per City Standard 201.
47. The developer shall provide separate sewer lateral connections for each proposed parcel connecting to the sewer main along Santa Fe Avenue.
48. Proposed sewer laterals shall be a minimum 6” V.C.P. per City Standards 209A and 209B.
49. Proposed sewer grease interceptor shall be installed onsite and shall be privately owned and maintained. Prior to Final Certificate of Occupancy, the establishment shall register to the FOG Control Program and obtain required FOG Wastewater Discharge permits in accordance with Chapter 12.20 of the FMC.
50. The proposed project shall provide a water study identif ying the existing demand and increased demand, if any. Water improvements shall be required by the development if the existing infrastructure is insufficient for the proposed project demand.
51. The developer shall install a master meter assembly for domestic, irrigation, and fire services with a backflow per City Standards.
52. DCDA Fire Department Connection shall be within 50’ of a public fire hydrant or a new public fire hydrant shall be installed by the development.
53. Prior to issuance of building permits, the Developer shall submit a Water Improvement Plan and calculations prepared by a California Registered Civil Engineer. The final alignment, line sizing, meter sizing, backflow devices, irrigation meters, abandonments, and fire hydrant locations shall be subje ct to the approval of the City’s Principal Water 212 E. Santa Fe Avenue
8 Engineer. The system shall be designed in conformance with City of Fullerton Water Utility Specifications and Fire Department requirements (City of Fullerton Water Rates, Rules, and Regulations, Rule 15.A and 15.B).
54. Prior to issuance of building permits, the Developer shall prepare a “Net Zero” proposal to be approved by the Principal Water Engineer or City Engineer Per the FTC Specific Plan (Section 4.7.10 Net Zero Water Standards).
55. Prior to issuance of buil ding permits, f ront footage fees shall be collected per the City of Fullerton Water Rates, Rules and Regulations (Rule 15.C).
TRAFFIC – ACCESS AND CIRCULATION
56. The applicant shall provide civil and traffic design plans as required for the construction of public improvements along Santa Fe Avenue to implement the improvements and concepts outlined in the conceptual plans. At a minimum, those improvements are to include the implementation of the improvements outlined in the conceptual plans including renewal of the pavement, traffic controls, parking controls along Santa Fe Avenue, construction of bus pads per OCTA specifications for the bus stop adjacent to the Fullerton Station , and the layover zone adjacent to the Pomona Parking Structure. All such improvements outlined in the design plans shall be constructed to the satisfaction of the City Traffic Engineer and City Engineer.
57. The northwest and northeast curb returns at the intersection of Santa Fe Avenue/ Pomona Avenue shall be reconstructed with a wider corner radius to accommodate bus turning movements. ADA access ramps shall be reconstructed in accordance with current City of Fullerton Standard Plans and ADA requirements. All existing improvements in conflict with the ADA access ramp and/or curb return improvements shall be relocated as needed to the extent that these improvements can be accomplished. The new corner design shall be constructed to the satisfaction of the City Traffic Engineer and City Engineer.
58. The applicant is to provide traffic signal design plans for the construction of a new traffic signal at the intersection of Santa Fe Avenue and Lemon Street. The new traffic signal is to provide vehicle, bicycle, and pedestrian detection for all approaches, a northbound left- turn arrow, pedestrian crosswalks and other markings, safety lighting, signage, and all associated above ground equipment and underground facilities, conduits, wiring, and control equipment in accordance with the CAMUTCD and City of Fullerton guidelines, practices, and specifications. The new traffic signal is also to be equipped with appropriate communications facilities to be connected to and controlled by the City of Fullerton’s traffic control system. All such improvements outlined in the traffic signal design plans shall be constructed to the satisfaction of the City Traffic Engineer.
59. As a part of the project access design and off-site street improvement plans, the project’s ingress/egress points are to be reviewed for appropriate traffic control and safety measures to address the anticipated level of traffic generated by the development. Such measures could include, but not be limited to, limiting vertical obstructions to maintain sight visibility, traffic signs & markings, and physical modifications to driveways. All proposed traffic 212 E. Santa Fe Avenue
9 controls and existing and proposed obstructions in the public right-of-way are to be clearly indicated on the off-site improvement plans to the satisfaction of the City Traffic Engineer.
60. All project parking demands from patrons, residents, hotel guests, visitors, moving vehicles, delivery vehicles, and service vehicles must be accommodated onsite.
61. The applicant shall provide a Parking and Traffic Management Plan for the project that outlines how the onsite parking facilities will be managed to ensure that traffic circulates freely within the property and that all loading and unloading, hotel, tenant, resident stopping, and parking demands are accommodated onsite. The Parking and Traffic Management Plan is to also address resident move-in, business deliveries, hotel activities, trash disposal, employee parking, and public parking to be accommodated without queuing occurring on the public street network. The Plan i s to be prepared and submitted to the City Traffic Engineer and the Director of Community and Economic Development for concurrence six months prior to the issuance of any Certificate of Occupancy for the project.
62. Prior to issuance of permits, a phasing p lan to address how existing parking is relocated/managed during construction shall be submitted to the City Traffic Engineer for review and concurrence.
63. All hotel guest vehicles are to be accommodated onsite during arrival, check -in, and departure activi ties. Hotel guests are not to park or conduct loading and unloading activities within the adjacent Fullerton Station parking lot.
64. All loading and unloading of passengers, goods, materials, and supplies, are to be accommodated onsite or in designated on -street commercial and passenger loading zones. There is to be no temporary stopping or parking within the Fullerton Station area or on Santa Fe Avenue in red zones, bus zones or blocking traffic lanes for loading and unloading activities of any kind. Residents of the project are to be notified in writing that there is no loading or unloading allowed on within the Fullerton Station area or on Santa Fe Avenue upon the purchase, lease, or rental of units within the project.
65. All public sidewalks around the p roject site are to remain open and unobstructed at all times, unless otherwise approved by the City Engineer and permitted by the City.
66. Temporary signage on posts or A-frames will not be permitted within public sidewalk areas or within the Fullerton Station area without prior approval of the City Engineer and permitted by the City.
67. There is to be no storage or standing of trash, recycling, or other discards either loose or placed in receptacles, containers, or bins within the public right-of-way unless approved by the City Engineer and permitted by the City.
68. The applicant is to desi gn and implement Class III Bike Route signing and markings as directed by the City Traffic Engineer on Santa Fe Avenue between Harbor Boulevard and Lawrence Avenue and on Lawrence Avenue between Santa Fe Avenue and Wilshire Avenue.
69. The project is to includ e secure bicycle parking and related services to make the cycling commute more convenient and attractive for residents of the project. The management 212 E. Santa Fe Avenue
10 office of the building is to provide convenient bicycle rentals available to hotel guests, employees, and residents for both commuting and recreational activities. The project is also to provide a bicycle repair area and/or repair services available to residents, employees, and hotel guests.
70. The applicant is to pay all related project traffic fees as outlined in the Fullerton Municipal Code as interpreted by the City Traffic Engineer.
MAPPING AND RIGHT OF WAY
71. A Parcel Map shall be prepared in accordance with the Subdivision Map Act and submitted to the City of Fullerton and Orange County Surveyor’s Office for review and comment. The Parcel Map shall be prepared by a Licensed Land Surveyor or Registered Civil Engineer authorized to practice land surveying in the State of California, and shall be recorded with the County of Orange Recorder’s Office. Two copies of the recorded Map and a digital copy (identical to that required by the County Surveyor) are to be submitted to the Public Works Department. A checklist for the first submittal of the Parcel Map is available on the City’s website.
72. The Parcel Map shall be recorded with the Orange County Recorder’s office within two years from the date of the tentative map approval, unless extensions are granted in accordance with the Subdivision Map Act.
73. The Parcel M ap shall be recorded with the Orange County Recorder’s Office prior to issuance of building permits. All cash fees and deposits shall be collected by the City prior to the recordation of the Parcel Map.
74. The proposed privately -owned parking structure will provide 165 parking stalls for public use. An easement for public access/public parking purposes over said public parking and associated traffic circulation areas shall be dedicated to the City of Fullerton on the Parcel Map.
75. A portion of the vehicular access for the public parking area located south of Santa Fe Avenue and west of the proposed project, encroaches into the project site. A public access and utility easement shall be dedicated to the City of Fullerton on the Parcel Map, subject to final configuration of said vehicular access.
76. In case Parcel is not recorded for this project all dedications and abandonments, if any, shall be executed/recorded with separate instruments.
77. An easement for storm drain purposes as mentioned in condition 30 shall be dedicated to the City of Fullerton on the Parcel Map.
78. Public utility easements /licenses that exist onsite may be in conflict with the proposed improvements. The project shall relocate all public utilities, quitclaim existing public utilities easements, and dedicate ne w public utility easements as necessary for the project’s construction to the satisfaction of utility owners. The parcel map shall address all abandonment and dedication of public easements.
212 E. Santa Fe Avenue
11 79. Existing public and private easements/licenses shall be shown on the Parcel Map and any modification to an existing public and/or private easements shall be coordinated and approved by applicable easement owners prior to building permit issuance.
80. Proposed utility easement abandonments in favor of the City, if any, may be abandoned via Summary Vacation process after facilities are removed/relocated and new easements are dedicated as needed . Summary Vacation shall be approved by City Council prior to construction activities associated with a building pe rmit. Applicant shall provide separate legal descriptions and plats, prepared by a Land Surveyor licensed in the State of California, for all proposed City utility easement abandonments.
81. All facilities crossing lot lines shall be located within private easements.
82. All new easements shall be recorded concurrently with the recordation of Parcel Map.
83. All required public and reciprocal access easements shall be dedicated on the Parcel Map.
84. Address all corrections listed on the transmittal from KDM’s review of the Tentative Parcel Map (TPM) dated April 20, 2023 and comply with the conditions below:
a. Preliminary Title Report (PTR) currently shows TA Westpark Fullerton, LLC as the only owner. Submit an updated PTR including City of Fullerton as one of the owners and update legal description to reflect the land being subdivided. PTR shall be submitted concurrently with the first review submittal of the Parcel Map. b. Due to lack of controlling elements used in the deed transferring property to TA Westpark Fullerton, LLC (Inst. No. 2022000420869), it is unclear if subdivision boundary aligns with extents of City-owner and TA Westpark -owner property. A separate exhibit shall be prepared by a licensed surveyor showing extents of original City-owned property (Inst. No. 2018470583) and TA Westpark’s land (Inst. No. 2022000420869). If issues are found in review o f this exhibit, reforming deeds (or similar) may need to be drafted and recorded in consultation with Title Company and to the satisfaction of City Engineer.
c. The 3 -parcel subdivision as currently proposed is owned by both TA Westpark Fullerton, LLC (approx. Parcels 1 and 2) and the City of Fullerton (approx. Parcel 3). The City shall be a signer of the map as an owner and any agreements, as recommended by City Attorney, to ensure proper ownership after the subdivision is competed shall be executed prior to recordation of the map.
PERMITS, BONDS AND CASH
85. Prior to issuance of building permits, all public improvements shall be guaranteed to be installed by the execution of a Subdivision Agreement secured by sufficient bonds or sureties for both Faithful Performance and Labor and Materials, in a form approved by the City Attorney.
86. All cash fees and deposits shall be collected by the City of Fullerton prior to the issuance of Certificate of Occupancy.
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12 87. Public Works Department expenses, including project management, plan check, inspection, review, processing of all plans and submittals, will be charged against the reimbursable account created for the project. An initial $10,000 shall be deposited with the Public Works Department concurrently with the first review submittal, by the City’s consultants, of the grading plans, soils report, hydrology report, and the WQMP. Any amount remaining in the account after completion of the project will be refunded to the project. If the amount deposited is insufficient to complete the project review and inspection process, additional deposit(s) will be required as necessary to finalize the project.
GENERAL CONDITIONS
88. All work in the public right of way shall be c onstructed in accordance with the Standard Plans and Standard Specifications for Public Works Construction, latest edition. This includes supplements thereto and City of Fullerton Standard Drawings.
89. All of the public improvements, studies, designs, plans , calculations, and other requirements shall be installed, provided and supplied by the developer in accordance with City and State codes, policies, and requirements at no cost to the City. All work shall comply with City standards and specifications and with the City of Fullerton Municipal Codes.
90. Before undertaking any grading or construction work of any type within the public right -of- way, the owner must first obtain the applicable permits from the Public Works Department.
91. During site improvement, all del iveries to the project site that are overweight or oversize will require a transportation permit from the Public Works Department.
92. Public access to the adjacent sidewalks along the project frontages shall be maintained at all times during construction, unless otherwise approved by the Public Works Department.
93. The project shall utilize the City’s benchmarks. A list of the City’s benchmarks is available on the City of Fullerton website.
94. Subdivision and Topographic Mapping shall be in new horizontal datum NAD83 (2011) Epoch 2017.50.
95. Street trenches required for the installation of utility connections shall comply with City of Fullerton Standard No. 312 and 313.
96. Any controlling survey monumentation (property lines, tract lines, street cente rline, etc.) which are at risk of being destroyed or disturbed during the course of this project must be preserved in accordance with Section 8771(b) of the California Business and Professions Code (Professional Land Surveyors Act). Pre -construction field ties, along with the preparation and filing of the required Corner Records or Record of Survey with the County of Orange, shall be accomplished by, or under the direction of, a licensed surveyor or civil engineer authorized to practice land surveying. Co pies of said records shall be furnished to the City Engineer for review and approval prior to issuance of any onsite or offsite construction permits. Any monuments disturbed or destroyed by this project must be reset and post-construction Corner Records or Record of Survey filed with the County of Orange. 212 E. Santa Fe Avenue
13 A copy of the recorded documents shall be submitted to the City Engineer for review and approval prior to issuance of any permits within the public right of way.
97. All existing and proposed public and private easements shall be shown on all plans.
98. Existing public and private easements shall not be affected by the proposed development.
Any modification to an existing public and/or private easement shall be coordinated and approved by applicable easement owners.
99. All facilities crossing lot lines shall be located in private easements. 100. Applicant shall coordinate with local telecommunication providers to connect new services to each planned dwelling unit to install all their improvements in the public right of way prior to the rehabilitation of adjacent pavement.
101. The developer shall provide and maintain all necessary flag persons, barricades, delineators, signs, flashers, and any other safety equipment as set forth in the latest publication of the State of California, Manual of Traffic Control, or as required by the Public Works Department permit requirements to ensure safe passage of pedestrian and vehicular traffic.