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HomeMy WebLinkAboutCUP 07-007Inter-Cam DATE: OCTOBER 22, 2007 TO: ZONING ADMINISTRATOR FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CONDITIONAL USE PERMIT 07-007, DESIGN REVIEW 07-007 APPLICANT: ALFRED WONG A&K MANAGEMENT LLC 5475 LOS RIOS YORBA LINDA, CA 92887 PROPERTY OWNER: KARL AND CONNY BERGSTROM BERGSTROM CHILDREN CORPORATION, C/O CORELAND CO. 17542 E. 17T" STREET, SUITE 420 TUSTIN, CA 92780 LOCATION: 13982 NEWPORT AVENUE (APN 501-151-22) GENERAL PLAN: COMMUNITY COMMERCIAL ZONING: COMMERCIAL GENERAL (CG) ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1) PURSUANT TO SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. REQUEST: A REQUEST TO REMODEL AND EXPAND AN EXISTING RALLY'S TO ESTABLISH A NEW ARBY'S RESTAURANT WITH ONE DRIVE-THRU LANE AND SHARED PARKING AT NEWPORT CAMINO PLAZA RECOMMENDATION That the Zoning Administrator adopt Zoning Administrator Action 07-005 approving Conditional Use Permit (CUP) 07-007 and Design Review 07-007. BACKGROUND On June 13, 1994, the Planning Commission approved Conditional Use Permit 94-403 and Design Review 94-005 for establishment of a re#ail center with a {yet store and adrive- thna restaurant at the northeast comet of EI Camino Real and Newport Avenue, referred #o Zoning Administrator October 22, 2007 CUP 07-004 Page 2 as "Newport Camino Plaza" by adopting Resolution No. 3279 (Attachment B -Approved Resolutions). The proposed Rally's was designed with two drive-thru lanes and outdoor dining. Condition 4.1 of Resolution 3279 limited the number of outdoor seats to 30 seats. The retail center is developed on two parcels created by Tract 14914 approved by Tustin City Council on June 20, 1994 (Attachment B). Reciprocal access and parking between the two parcels was established with a recorded easement (Attachment C -Recorded Easement) required as a condition of the tentative tract map approval. Project Location The proposed drive-thru Arby's site is located within a retail center bounded by EI Camino Real to the south, Newport Avenue to the west, Retail Commercial (C-1) zoning to the east, and Multiple Family Residential (R-3) and Retail Commercial (C-1) to the north (Attachment A -Location Map). The property is located within the Commercial General (CG) zoning district, the Community Commercial General Plan land use designation, and Town Center Redevelopment Project area. PROJECT DESCRIPTION The proposed project is a request for remodel and expansion of an existing Rally's to establish a new Arby's drive-thru restaurant with 58 seats. The applicant is proposing to remove the southerly drive-thru lane and construct a 1,414 square foot addition within _. that area. The northerly drive-thru lane would function as it exists, which allows for stacking of up to seven cars within the restaurant site. Drive-thru restaurants and outdoor seating are conditionally permitted within the CG zoning district (Tustin City Code Section 9235 and 9271 aa). The proposed restaurant would operate similar to the existing Rally's within the requirements established by Conditional Use Permit 94-003. The applicant has also proposed a joint parking request for a reduction of 8 parking spaces in the required number of parking to accommodate 30 additional seats. Requests for shared parking for parking areas serving structures less than 30,000 square feet in area are considered by the Zoning Administrator (Tustin City. Code 9271 aa). Site Plan/ Parking The proposed Arby's is located at the southwest corner of the retail center and can be accessed from Newport Avenue and EI Camino Real. The project site is one of the two parcels containing the retail center. The property was subdivided in 1994 into two parcels; however, to date the two parcels are commonly owned and an easement for reciprocal access and parking has been recorded. The retail center includes 100 parking spaces including 37 spaces in the immediate vicinity of the proposed Arby's. The new configuration of a portion of the drive-thru lane allows for installation of two new ADA stalls, which increases the total number of parking spaces to 102 spaces. The proposed addition for Arby's and the increase in the Zoning Administrator October 22, 2007 CUP 07-004 Page 3 number of seats from 28 to 58 would require 10 parking spaces; therefore, the center would be deficient by 8 parking spaces. The following includes a parking summary of the existing tenants: Tenant Parkin Summa Tenant Size Parkin Ratio R uired Parkin Petco 11,472 1 /200 57.36 Hair Salon 1,100 1/200 5.5 Nail Salon 1,200 1/200 6 Auction Post 1,280 1/200 6.4 Sushi Restaurant 45 seats 1 er 3 seats 15 Rall 's 28 seats 1 er 3 seats 9.33 Total re uired 99.59 The applicant has reques#ed a joint parking entitlement in accordance with Tustin City Code Section 9271 as which allows a reduction in the number of parking spaces for centers with varying parking demands with approval of a conditional use permit. A parking study was submitted that concluded the center could accommodate the proposed Arby's without impacting the available parking for other uses {Attachment D - Submitted Parking Study). The study considered the parking demand for Arby's in three other cities and noted a minimum of 7 vehicles and maximum of 22 ve#~icles parked at ~~~ the peak hours. The City's Traffic Engineer has determined that the stacking of sevetl cars is adequate for the proposed drive-thru lane and the proposed shared parking can be accommodated with the available on-site parking. Design Review The proposed modifications to the existing building require approval of a design review. In accordance with Tustin City Code Section 9299(b){4)(c) since the site is located within Town Center Redevelopment area, the design review needs to ~be considered by the Zoning Administrator. The existing Rally's is 840 square feet in area that provides a kitchen facility with two drive-thru windows. All seating is outdoors to the north of the drive-thru lanes. The proposed expansion of 1,414 square feet would extend the building to the south and provide for 42 indoor dining seats. In addition, the site would accommodate up to four round picnic style tables and 16 outdoor seats (Attachment E - Submitted Plans). A pyramid tower with clay roof the and stone accent columns are proposed to complement the existing buildings. The main building entrance is facing Newport Avenue and a secondary entrance is provided from the rear parking area. The overall building height is 22 feet. The building is proposed to be finished wi#h earth tones for the stucco, cornice band, and stone veneer enhanced with red storefront at~d red accent Zoning Administrator October 22, 2007 CUP 07-004 Page 4 tiles. The building materials, color and finish are generally consistent with the other two buildings at the center. The outdoor seating is required by Conditions 5.6 and 5.8 to be of durable materials and screened by greenery. As part of the site improvements, additional landscaping would be installed within the new parking areas and the drive-thru lane. The front entrance connects to the public sidewalk on Newport Avenue and the new entrance would be inviting for pedestrians on Newport Avenue. Decorative concrete (stamped finish or pavers) is required by Condition 5.6 and 5.8 to enhance the primary and secondary entrances to the building. FINDINGS Staff recommends that the Zoning Administrator approve the request based on the following findings and as noted in Zoning Administrator Action 07-005 attached hereto: A. According to Tustin City Code Section 9235, drive-thru restaurant and outdoor seating are conditionally permitted. On June 13, 1994, the Planning Commission approved Conditional Use Permit 94-003 and adopted Resolution No. 3279 which authorized the drive-thru Rally's and outdoor seating; B. In accordance with Tustin City Code (TCC) Section 9299(b)(4)(c), the Zoning Administrator is authorized to review Design Review applications within Redevelopment Project Areas; C. That the location, size, architectural features, and general appearance of the proposed addition will not impair the orderly and harmonious development of the area, the present or future development therein, the occupancy thereof, or the community as a whole. In making such findings, the Zoning Administrator has considered 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. Location, height, and standards of exterior illumination. 7. Landscaping, parking area design, and traffic circulation. 8. Location and method of refuse storage. 9. Proposed signing. 10. Physical relationship of proposed structures to existing structures in the neighborhood. , 11.Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. 12. Development Guidelines and criteria as adopted by the City Council. Zoning Adminis#rator October 22, 2007 CUP 07-004 Page 5 D. A parking study in accordance with Tustin City Code Section 9271 as was prepared by a licensed traffic engineer and submitted that demonstrated no substantial conflict exists in the peak hours of parking demand for the uses for which the joint-use parking is proposed; E. The parking areas are located so that they adequately serve various uses within the center; and, F. An existing recorded reciprocal covenant allows for reciprocal access and parking between the two properties. Minoo Ashabi Associate Planner Attachments: A. Location Map B. Resolutions 3279, 3280 and 94-76 C. Recorded CC&Rs D. Submitted Parking Study E. Submitted Plans F. Zoning Administrator Action No. 07-005 ATTACHMENT A Location Map LOCATION MAP PROJECT NO. AOORESS GV~ 07-007 ~~ 07_00'7 !3°182 N~~or~ ~v~: Pt~oJEGT ~jC"C'~ __~- ~`'v, \\ ~ A ~,r ATTACHMENT B Planning Commission. Resolutions 3279, 3280 & _ City Council Resolution 94-76 ~ ~. 1 RESOLUTION NO. 3279 2 A RESOLUTION OF THE PLANNING COMMISSi0`: OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 94-003 3 AUTHORIZING THE ESTABLISHMENT OF A DRIVE-THRU RESTAURANT INCLUDING OUTDOOR SEATING, PET STORE, 4 AND A MASTER SIGN PLAN, AND APPROVING D~SZGN REVIEW 94-005 FOR AN APPROXIMATE 18,000 SQUARE FOOT RETAIL 5 CENTER LOCATED AT 1011 EL CAMiNO REAL 6 The Planning Commission of the City of Tustin does hereby resolve as follows: 7 I. The Planning Commission finds and deteraines as follows: 8 A. That proper applications, Conditional Use Permit 9 94-003 and Design Review 94-005, were filed by Donely-Bennett Architects to authorize the to establishment of a drive-thru restaurant including outdoor seating pursuant to City Code Section 11 9235c(m}, a pet store pursuant to City Code Section 9235c(u), and a Master Sign Plan which deviates 12 from the specific standards for business identification pursuant to City Code Section 13 9403h2(e), and requesting approval of an approximate 18,000 square foot retail shopping 14 center located at 1011 E1 Camino Real. 15 B. That a public hearing was duly called, noticed and held on said applications on June 13, 1994, by the 16 Planning Commission. 17 C. That establishment, maintenance and operation of the use applied for will not, under the 18 circumstances of this case, be detrimental to he -- health, safety, morals, comfort, or general welfare -9 of the persons residing or working in the neighborhood of such proposed use, nor detrimental 20 to the property and improvements in the neighborhood of the subject property, nor to the 21 general welfare of the City of Tustin as evidenced by the following: 22 1. On-site traffic concerns related to the drive- 23 thru restaurant have been aitigated through the separation of the drive-thru aisle from 24 the on-site parking. 25 2. The potential for pedestrian/vehicular conflicts with the drive-thru lane have been 26 mitigated through the requirement for the installation of "Pedestrian Crossing" signs 27 and crosswalks denoting the pedestrian traffic across the drive-thru lanes. 28 Resolution No. 3279 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. The use would not create a noise nuisance as the proposed loudspeakers shall conform to the Tustin Noise Ordinance and shall be designed so as not to impact adjacent commercial properties. 4. The use of outdoor seating is in general compliance with the intent of the Planning Commission adopted guidelines related to outdoor seating and has been conditioned to include items such as "No Loitering" signs, trash receptacles, lighting, pedestrian access and parking to accommodate the number of seats provided. 5. The pet store activities would be limited to within the enclosed building thereby eliminating potential impacts on adjacent properties . 6. The pet store operator is required to obtain appropriate approvals and maintain compliance with the requirements of the County of Orange Animal Control Division which is responsible for inspecting and licensing pet stores where .animals are sold to ensue safe and sanitary conditions. 7. Conditions have been included related to the handling and disposal of animal waste and remains to ensure that such disposal would not negatively impact surrounding residents. 8. The Master Sign Plan would be generally consistent with the intent of the Sign Code to provide adequate business identification, - would not produce a nuisance or be offensive to surrounding properties. D. The subject property is located within the Town Center Redevelopment Project Area. Pursuant to City Code Section 9299b, the Zoning Administrator has forwarded action on Design Review 94-005 to the Planning Commission. E. Pursuant to Section 9272 of the Tustin Municipal Code, the 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: t Resolution No. 3279 Page 3 1 2 3 4 5 - 6 7 s 9 10 11 12 13 14 i 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 7. Landscaping, parking area design and traffic circulation. 8. Location, height and standards of exterior illumination. 9. Location and appearance of equipment located outside of an enclosed structure. 10. Physical relationship of proposed structures to existing structures in the neighborhood. 11. Appearance and design relationship of proposed structure to existing structures and possible feature structures in the neighborhood and public thoroughfares. 12. Development Guidelines and criteria as adopted by the City Council. F. The proposed project has been reviewed for conformity with the provisions of the orange County Congestion Management Program, and the Planning Commission has determined that the additional traffic generated by the proposed project onto the CMP Highway System does not cause the system to exceed established level of service standards. G. The proposed project has been determined to be exempt from the provisions of Measure "M^ in that the additional traffic generated by the proposed project onto the Arterial Highway System does not cause the roadway system to exceed established level of service standards. i Resolution No. 3279 Page 4 1~ 2 3~ 4 5 6 7 8 9 10 11 12 13 14' 15' 16 17 18 19 20 21 22 23 24 25 26 27 28 II. The Planning Commission hereby approves Conditional Use Permit 94-003 authorizing the establishment of a drive- thru restaurant including outdoor seating pursuant to City Code Section 9235c(m), a pet store pursuant to City Code Section 9235c(u), and a Master Sign Plan which deviates from the specific standards for business identification pursuant to City Code Section 9403h2(e), and approves Design Review 94-005 authorizing the construction of an approxiyuate~18,000 square foot retail shopping center located at 1011 E1 Camino Real, subject to the conditions contained in Exhibit A, attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 13th day of June, 1994. __~5.~ W~~-~1 KATHY WEIL Chairperson BARBARA REYES Recording Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, BARBARA REYES, the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3279 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 13th day of June, 1994. BARBARA REYE Recording Secretary 1 EZBIBIT A RE80LIITION NO. 3279 2 CONDITIONS OF APPROVAL CONDITIONAL IISE PERliIT 94-003 AND DESIGN REVIEit 94-005 3 4 GENERAL 5 (1) 1.1 The proposed project shall substantially conform with the submitted plans date stamped Junk 13, 1994 on file with -- 6 the Community Development Department as herein modified or as modified by the Director of Community Development 7 in accordance with this Exhibit. The Director of Community Development may also approve subsequent minor $ modifications to plans during plan check if such modifications are to be consistent with provisions of the 9 Tustin Municipal Code. Sheet lA has been eliminated from the approved set of plans. 10 (1) 1.2 Unless otherwise specified, the conditions contained in 11 the Exhibit shall be complied with prior to the issuance of any building permits for the project, subject to 12 review and approval by the Community Development Department. 13 (1) 1.3 Design review approval shall become null and void unless 14 all building permits are issued within twenty four (24) months of the date of this Exhibit. 15 (1) 1.4 The applicant shall sign and return an Agreement to 16 Conditions Imposed form prior to issuance of building permits. 17 (1) 1.5 The applicant and property owner shall hold harmless and 18 defend the City of Tustin for all claims and liabilities arising out of the City's approval of the entitlement 19 process for this project. 20 *** 1.6 Final Map 14914 shall be recorded on the property prior to issuance of a certificate of use and occupancy for any 21 building on the subject property. 22 SOIIRCE CODER 23 (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQIIIR81iENT 24 (2) CEQA IiITIGATION (6) LANDSCAPING GIIIDELINEB (3) TTNIFORM BIIILDING CODE/8 (7) PC/CC POLICY 25 (4) DESIGN RE9IEi1 *R• ESCEPTION 26 27 28 i E~:hibit A- Conditions of Approval CUP 94-003/DR 94-005 Resolution No. 3279 Page 2 PLAN SUBMITTAL 2.1 At building plan check the following shall be submitted: (3) A. Construction plans, structural calculations, and Title 24 energy calculations. Requirements of the Uniform Building Codes, State Handicap and Energy Requirements shall be complied with as approved by the Building Official. (2) B. Preliminary technical detail and plans for all (3) utility installations including cable T~1, telephone, gas waster and electricity. Additionally, a note on plans shall be included stating that no field changes shall be made without corrections submitted to and approved by the Building Official. (2) C. Final grading and specification consistent with (3) the site plan and landscaping plans and prepared by a registered civil engineer for approval by the Community Development Department. Subject grading submittal shall comply with all requirements of Conditions 4.1 and 4.2 contained in Exhibit A of Planning Commission Resolution No. 3280. (2) D. Information, plans and/or specifications to ensure (3) satisfaction of Conditions 1.1 through 1.14 of Exhibit A of Planning Commission Resolution No. 3280. (2) E. Information, plans and/or specifications to ensure (3) compliance with Conditions 5.1 through 5.8 of Exhibit A of Planning Commission Resolution No. 3280. ~`"~'~ (2) F. Information, plans and/or specifications to ensure (3) compliance with Conditions 6.1 and 6.2 of Exhibit A of Planning Commission Resolution No. 3280. (1) 2.2 Applicant shall be permitted to obtain grading permits and building permit for construction prior to approval of Final Map 14914 provided all Uniform Building Code, Public Works, Fire Department and Community Development requirements have been met and approvals granted. Exhibit A- Conditions of Approval COP 94-003/DR 94-005 Resolution No. 3279 Page 3, (1) 2.3 Submitted construction drawings shall reflect all dimensions consistently between vesting tentative tract map, site plan, landscape plans and architectural plans. (1) 2.4 Identify the locations of any excavations within the _ (2) subdivision or within 200 feet of any portion of the subdivision, the location of any existing wells, cesspools, sewers, culverts, storm drains, and underground structures within the subdivision, and a statement noting whether or not such uses are to be abandoned, to be removed, or to remain. There are also a number of wells and excavations which should be identifies related to old underground gasoline storage tanks on the property and the soil remediation program which is in progress on the property. (2) 2.5 An addendum to the corrective action plan for soil (5) remediation on this site that describes and justifies all modifications to the current remediation system on-site shall be submitted to and approved by the Community Development Department and Orange County Health Care Agency (OCHCA). This report must indicate: a) the locations of monitoring and extraction wells currently at the site; b) which wells will be abandoned; and c) where replacement wells-will be located after site construction is complete. Replacement well shall be specifically identified on the site plan and located to not obstruct site access, building locations or parking required spaces. (2) 2.6 A vapor risk assessment that evaluates the potential (5) health risks, to the occupants of the proposed buildings, posed by any residual subsurface contamination at the subject site shall be submitted to and approved by the OCHCA, with approved copies of such assessment provided to the Community Development Department. The Agency requires a vapor risk assessment for any contaminated sites where the land use will change from automotive repair or fueling station to any other commercial or residential use. (2) 2.7 A workplan for all modifications to the remediation (5) system at the subject site must be submitted to and approved by the OCHCA, with approved copies of such workplan provided to the Community Development Department. Exhibit A- Conditions of Approval Clip 94-003/DR 94-005 F.esolution No. 3279 Page 4 (2) 2.8 The applicant shall provide to OCHCA a report on the (5) findings of the most recent soil samples collected. These findings will allow OCHCA to evaluate the effectiveness of the remediation system to date, and will be used to determine what future activities will be required. (2) 2.9 The applicant should consult with the various utility companies which will provide service to the development to incorporate energy conserving systems and design features into the project. ~ITB A_-v'D B'(JTLDTNG CONDITIONS (1) 3.1 Provide exact details of all exterior door and window (4) types, including but not limited to such information as frame color and glass tint. (i) 3.2 All exterior colors to be used shall be subject to review (4) and approval of the Director of the Community Development Department. All exterior treatments shall be coordinated with regard to color, materials and detailing and noted on submitted construction plans and elevations shall indicate all colors and materials to be used. (1) 3.3 Note on final plans that a six-foot high chain linked fence shall be installed around the site. prior to building construction stages. Gated entrances shall be permitted along the perimeter of the site for construction vehicles. (1) 3.4 All mechanical and electrical fixtures and equipment (4) shall be adequately and decoratively screened. The .~ screen shall be considered as an element of the overall design of the project and shall blend with the architectural design of buildings. All telephone and electrical boxes shall be indicated on the building plans and shall be completely screened. Electrical transformers shall be located toward the interior of the project maintaining sufficient distance to minimize visual impacts from Newport Avenue and El Camino Real. (i) 3.5 Mechanical Equipment such as, but not limited to heater and filter units, pump units, air conditioning condensers and similar devices shall be screened from street view. Exhibit A- Conditions of Approval CUP 94-003/DR 94-005 Resolution No. 3279 Page 5 (1) 3.6 Exterior elevations of the buildings shall indicate any (4) fixtures or equipnent to be located on the roof of the building, equipment heights and type of screening. All roof mounted equipment, vents, exhausts or other roof penetrations shall be located a minimum of 6 inches below the top of parapets. (1) 3.7 On-site subdivision walls shall be constructed by subdivider including property line fencing along the easterly property line. Provide drawings indicating wall materials, cap and other decorative treatments and color. Property line walls shall be consistent with main building treatments. Retaining walls shall have exterior treatments consistent with other subdivision walls. Provide wall/fence legend on site plan including retaining walls, if any. (1) 3.8 Parking for the development shall be provided based upon gross floor area and/ar restaurant seats provided as required by the Municipal Code. Final parking calculations showing compliance with the amount of required parking shall be provided on the working drawings. (1) 3.9 The property owners of the center shall be responsible (2) for the daily maintenance and up-keep of the subject center, including but not limited to trash removal, painting, graffiti removal and maintenance of improvements to ensure that the facilities are maintained in a neat and attractive manner. All graffiti shall be removed within 72 hours of a complaint being transmitted -~ by the City to the property owner. Failure to maintain said structures and adjacent facilities will be grounds for City enforcement of its Property Maintenance Ordinance, including nuisance abatement procedures. (1) 3.10 ~~No Loitering" signs shall be posted in the center, (2) including the patio area for Building C, with sign details and locations to be approved by the Community Development Department. (1) 3.11 All exposed metal flashing or trim shall be painted to match the building. r' Exhibit A- Conditions of Approval CUP 54-003/DR 94-005 Resolution No. 3279 Page 6 (1) 3.12 Note on final plans that a six foot high chain link fence shall be installed around the site prior to building construction stages. Gated entrances shall be permitted along the perimeter of the site for construction vehicles. (1) 3.13 All roof access shall be provided from the inside of the (4) buildings. (1) 3.1~ No exterior down spouts shall be permitted. All roof (4) drains shall utilize interior piping, but may have exterior outlets at base of buildings. *** 3.15 A pedestrian crosswalk shall be provided across the drive-thru lane on the north side of Building C between the proposed curb ramps for the patio area east. of the proposed menu board. Additional crosswalks shall be provided across the drive-thru lane on the south and west sides of Building C as an extension of the pedestrian sidewalk from Newport Avenue and E1 Camino Real to the walk-up order window area. Said crosswalks shall be of decorative paving consistent with other decorative pavement treatments for the center, subject to approval of the Community Development Department. (1) 3.16 All patio tables and other furniture shall be decorative (4) in design consistent with the architectural character of the project, subject to approval of the Community Development Department. IISE RE8TRICTIONB (1) 4.1 Outdoor patio seating for Building C shall be limited to { _ a maximum of 30 seats. For purposes of calculating maximum seating, each 18 inches of bench length shall constitute one seat. (1) ~.2 Outside address speakers, telephone bells, buzzers, menu (2) order boards and similar devices which are audible from adjoining properties shall be prohibited. (2) 4.3 The operator of the pet store shall obtain all (5) appropriate approvals and permits from the orange County Animal Control Division and maintain compliance with such approvals and permits at all times. Exhibit A- Conditions of Approval CUP 94-003/DR 94-005 Resolution No. 3279 Page 7 (1) 4.4 Except for the patio area designated for Building C, or as otherwise may be approved in conjunction with a special event consistent with current City policy, all business activity, sales, displays or other business activities within the center shall be conducted entirely _ within the buildings. (2) 4.5 All animal waste and/or remains shall be disposed of in air tight bags prior to placement in the trash bins for the center. 4.6 If within twelve (12) months of issuance of a Certificate of Occupancy the Community Development Department or Public Works Department receives complaints or observes continuous traffic operation concerns related to the drive thru, the applicant shall identify and implement mitigation measures, subject to the approval of the City Traffic Engineer. LANDSCAPING GROONDS AND HAR sCAPB ELEMENTB (1) 5.1 Submit at plan check complete detailed landscaping and irrigation plans for all landscaping areas consistent with adopted City of Tustin Landscaping and Irrigation Submittal Requirements. Provide summary table identifying plant materials. The plant table shall list botanical and common names, sizes, spacing, location and quantity of the plant materials proposed. Show planting and beaming 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. Show all property lines on the landscaping and irrigation plan, 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 materials during plan check. Note on landscaping plan that coverage of landscaping and irrigation materials is subject to field inspection at project completion by the Department of Community Development. (7) 5.2 The submitted landscaping plans at plan check shall reflect the following requirements: A. Turf is unacceptable for grades over 25$. A combination of planting materials must be used, ground cover on large areas alone is not acceptable. Exhibit A- Conditions of Approval CUP 94-003/DR 94-005 Resolution No. 3279 Page 8 B. Shrubs shall be a minimum of 5 gallon size and shall be spaced a minimum of 5 feet on center. C. Ground cover shall be planted between 8 to 12 inches on center. D. Fences, walls and equipment areas, shall be screened with shrubs and/or vines and trees. E. All plant materials shall be installed in a healthy vigorous condition typical to the species and oust be maintained in a neat and healthy condition. Maintenance includes but is not limited to trimming, moving, weeding, removal of litter, fertilizing, regular watering and replacement of diseased or dead plants. F. Buffer driveway and parking areas with landscaping berms when possible. G. A thickly planted landscape shall be installed along the edge of the project. Use natural landscaping and other architectural detailing to soften their visual appearance. H. Major points of entry to the project, courtyards and pedestrian internal circulation routes shall receive specimen trees to create an identification theme. I. Landscape adjacent to the right-of-way shall be coordinated with parkway landscaping. Perimeter walls should be treated with vines in order to relieve large expanse of walls- with greenery and color. Vin® should be informally grouped vith training devices installed. (1) 5.3 Screening adjacent to roadways, whenever possible, shall (7) compliment the architecture, color and construction (q) materials of primary buildings on the site. (1) 5.4 All walls, fences or landscaping adjacent to streets (7) should be designed to provide adequate sight distance for (4) vehicles exiting the tract via the private streets. { ~~ Exhibit A- Conditions of Approval CUP 94-003/DR 94-005 Resolution No. 3279 Page 9 (1) 5.5 Provide details, colors and materials for all exterior (4) walkways, stairs and walls. Design interior walkways to create a pedestrian corridor with accessory landscaping treatment. (1) 5.6 Entryway to the project site should be focal points. In (4) addition to larger tree treatments these areas should be provided with a variety of color and treatment of landscaping as well as an incorporation of special decorative signage or pavement treatment (i.e., walls, gates, lighting, etc.) (1) 5.7 Indicate lighting scheme for project, note locations of (2) all exterior lights and types of fixtures, and in conformance with the City's Security Code. Lights to be installed on buildings shall be a decorative design. No lights shall be permitted which may create any glare of have a negative impact on adjoining properties. The location and types of lighting, including light bases, shall be subject to the approval of the Community Development. (5) 5.8 Final mailbox design, location and orientation, including methods to ensure security provisions with locking devices shall be subject to the review and approval of the Community Development Director. s s (i) 6.1 All signs shall be in conformance with the approved Master Sign Plan. In the event the Master Sign Plan is silent on a particular sign type or standard, the City's Sign Code shall apply. (4) 6.2 All freestanding signs, including drive-thru menu boards, °~.. and directional signs, shall include base and exterior finish materials consistent with the architectural treatment for the center, subject to approval of the Community Development Department. *** 6.3 An internally illuminated "Pedestrian Crossing" sign shall be located in the west landscape planter in view of a vehicle at the pick-up window on the south side of Building C. A second "Pedestrian Crossing" sign shall be located east of the proposed pedestrian ramps in the drive-thru lane on the north side of Building C. Letters on the sign shall be a minimum of six inches in height and limited to six square feet in area. Details of the sign shall be architecturally consistent with the design of the center, including base and exterior finish material, subject to approval of the Community Development Department. Exhibit A- Conditions of Approval CUP 94-003/DR 94-005 Resolution No. 3279 Page 10 *** 6.4 The menu boards shall not exceed six (6) feet in overall height. FE s (1) 7.1 Payment, of all fees is required in accordance with Condition 8.1 and 8.2 of Exhibit A of Planning Commission Resolution No. 3280. 1 G ~ E 7 8 9 l0 it 12 13 14 15 26 171 18 ~.-, 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 94-76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING VESTING TENTATIVE TRACT MAP NO. 14914. The City Council of the City of Tustin does hereby resolve as follows: I. The City Council finds and determines as follows: A. That Vesting Tentative Tract Map No. 14914 was submitted to the City Council by Donley-Bennett Architects for consideration. 8. That a public hearing was duly called, noticed and held for said map on June 13, 1994, by the Planning Commission and on July 5, 1994 by the City Council. C. That a Negative Declaration has been prepared in accordance with the provisions of the California Environmental Quality Act for the subject project. D. That the proposed subdivision is in conformance with the Tustin Area General Plan and Subdivision Map Act as it pertains to the development of commercial property. E. That Vestinq Tentative Tract 14914 would not have an impact on School District facilities. F. That the site is physically suitable for the type of development proposed. G. That the site is physically suitable for the proposed density of development. H. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife in their habitat. I. That the design of the subdivision or the type of improvements proposed will not conflict with easement acquired by the public at large, for access through or use of the property within the proposed subdivision. J. That the design of the subdivision or the types of improvement proposed are not likely to cause serious public health problems. Resolution 94-76 Page 2 7 8 9 10 11 12 13' 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 R. That the project has been reviewed for consistency with the Air Quality Sub-Element of the City of Tustin General Plan and has been determined to consistent or has been conditioned to be consistent with the Air Quality Sub-Element. II. The City Council hereby approves Vesting Tentative Tract ""- Map No. 14914, subject to the conditions contained in Exhibit A of Planning Commission Resolution No. 3280, incorporated herein by reference. PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on the 5th day of July, 1994. l ._ THO SALTARELLI May ~~~.~~ E. WYNN ity Clerk STATE OF CALIFORNIA ) COUNTY .OF ORANGE ) SS CITY OF TUSTIN ) CERTIFICATION FOR RESOLUTION NO. 94-76 MARY E. WYNN, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City .of Tustin is 5; that the above and foregoing Resolution No. 94-76 was duly and regularly introduced, passed, and adopted at a regular meeting of the Tustin City Council, held on the 5th day of July; 1994. COUNCILMEMBER AYES: Saltarelli, Potts, Doyle, Thomas, Worley COUNCILMEMBER NOES: Kone COUNCILMEMBER ABSTAINED: 2:one COUNCILMEMBER:ABSENT: Toae ~ -- Y E. WYNN y Clerk 1 RESOLUTION NO. 3280 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, RECOMMENDING TO THE TUSTIN CITY COUNCIL 3 APPROVAL OF VESTING TENTATIVE TRACT MAP N0. 14914. 4 The Planning Commission of the City of Tustin does hereby resolve as follows: 5 I. The Planning Commission finds and determines as follows: --- 6 A. That Vesting Tentative Tract Map No. 14914 was 7 submitted to the Planning Commission by Donley- Bennett Architects for consideration. 8 B. That a public hearing was duly called, noticed and 9 held for said aap on June 13, 1994, by the Planning Commission. 10 C. That a Negative Declaration has been prepared in 11 accordance with the provisions of the California Environmental Quality Act for the subject project. 12 D. That the proposed subdivision is in conformance 13 with the Tustin Area General Plan and Subdivision Map Act as it pertains to the development of 14 commercial property. 15 E. That Vesting Tentative Tract 14914 would not have an impact on School District facilities. 16 F. That the site is physically suitable for the type 17 of development proposed. 18 G. That the site is physically suitable for the proposed density of development. 19 H. That the design of the subdivision or the proposed 20 improvements are not likely to cause substantial environmental dasage or substantially and avoidably 21 injure fish or wildlife in their habitat. 22 I. That the design of the subdivision or-the type of improvements proposed will not conflict with 23 easement acquired by the public at large, for access through or use of the property within the 24 proposed subdivision. 25 J. That the design of the subdivision or the types of improvement proposed are not likely to cause 26 serious public health problems. 27 28 1 2 3 4 5 6 7 8 9' 10 I, 111 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution 3280 Page 2 II. The Planning Commission hereby recommends to the City Council approval of Vesting Tentative Tract Map No. 14914, subject to the conditions contained in Exhibit A attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 13th day of June, 1994. KATHY W L Chairperson `~~ ~c~"/ BARBARA REYES Recording Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN I, BARBARA REYES, the undersigned, hereby certify that Z am the Recording Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3280 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 13th day of June, 1994. BARBARA REY'~ Recording Secretary -" EYHIBIT A VESTING TENTATIVE TRACT NAP 14914 RE80LIITION NO. 3280 CONDITIONS OF APPROVAL PIIHLIC/PRIVATE INFRABTRIICTIIRE INPROVENSNTS (1) 1.1 Prior to recordation of final map, the Subdivider shall (2) prepare plans for and construction or post security - (3) guaranteeing construction of all public and/or private, (5) infrastructure improvements within the boundary of said tract map in conformance with applicable City standards, including but not limited to the following: A. Curb and gutter/cross gutters. B. Sidewalks including access facilities for physically handicapped person. C. Drive aprons/approach D. Street paving E. Street signing and paving F. Street trees F. Alley Joins G. Sanitary sewer facilities H. Domestic waster facilities I. storm drain connection J. Removal/reconstruction of curb ramp per City Standard 124 at the curb return of El Camino Real and Newport Avenue. IC. Undergrounding of existing and proposed utility distribution lines L. Lot monumentation M. Fire hydrants (i) The amount of acceptable security for conduction of (5) public improvements shall be reviewed and approved by the Public Works Department. The amount and acceptable security for private improvements shall be reviewed and approved by the Building Official. (1) 1.2 All construction within a public right-of-way and/or public easement must be shown on a separate 24^ X 36^ plan as prepared by a California Registered Engineer with all construction referenced to applicable City or County standard drawing numbers. souRCE coDEs (1) STANDARD CONDITION (5) RSSPON8IHL8 AGENCY REQIIIRENENT (2) CEQA MITIGATION (6) LANDSCAPING GIIIDSLINES (3) IINIFORlt BQILDIN(i CODE/8 (7) PC/CC POLICY (4) DESIGN REVIEW *** EYCEPTION Exhibit A Vesting Tentative Tract Map 14914 Conditions of Approval Page 2 (1) 1.3 All changes in existing curbs, gutters, sidewalks and (6) other public improvements shall be responsibility of subdivider. (1) 1.4 Preparation of plans for and construction of: A. All sanitary sewer facilities must be submitted as required by the City Engineer and local sewering agency. These facilities shall include a gravity flow system per standards of the Orange County Sanitation District. B. A domestic water system must be to the standards of the City of Tustin Water Service. Improvement plans shall also be reviewed and approved by the orange County Fire Department for fire protection purposes. The adequacy and reliability of water system design and the distribution of fire hydrants will be evaluate. The water distribution system and appurtenances shall also conform to the applicable laws and adopted regulations enforced by the Orange County Health Department. Any required reclaimed water systems shall be to the standards as required by the City of Tustin Water Service. C. Sewer and water facilities shall be clearly indicated as publicly maintained. Maintenance access to water facilities shall be the responsibility of the property owner and accommodations for such access shall be established prior to building permit issuance. (1) 1.5 Proposed streets shall be designed to the following (5) specifications: (6) A. All proposed streets shall be designed in substantially the same width and alignment as shown - on the approved vesting tentative map unless modified and approved by the Directors of Community Development and Public Works. B. All streets and drives shall be constructed in accordance with City requirements in terms of type and quality of material used. C. Sidewalk areas shall flare around the placement of all above ground facilities, such as ,signing, street lights and fire hydrants unless located outside of sidewalk widths within public utility easement areas. Exhibit A Vesting Tentative Tract Map 14914 Conditions of Approval Page 3 (1) 1.6 On-site parking lot, storm drain, water and sewer (6) improvement plans shall comply with the "City of Tustin Minimum Design Standards for on-Site Street and Storm Drain Improvements" except as modified by the Building Official. -- (5) 1.7 A 24" x 36" signing and striping plan showing all modifications along Newport Avenue and El Camino Real as a result on this development will be required. Said plans shall be prepared by a California Licensed Traffic Engineer and/or Civil Engineer experienced in this type of plan preparation.. (5) 1.8 A 24' x 36" reproducible work area traffic control plan prepared by a California Registered Traffic Engineer shall be provided prior to permit issuance. (1) 1.9 A complete hydrology study and hydraulic calculations (5) shall be submitted for review and approval prior to permit issuance. (5) 1.10 In addition to the normal full size plan submittal process, all final development plans including but not limited to: tract maps, parcel maps, right-of-way naps „ records of survey, public works improvements, private infrastructure improvements, and final grading plans are also required to be submitted to the Public Works Department/Engineering Division in compute aided drafting and design (CARD) format. The acceptable formats shall be Intergraph DGN or AutoCad DWG file format, but in no case less than DXF file format. The City of Tustin, CADD - conventions shall be followed in preparing plans in CARD, and these guidelines are available from the Engineering Division. '~ An option, the applicant may submit manually prepared plans and in lieu of CARD files pay a "processing fee" to the City to have the drawings converted into CADD format . This fee will cover the City's costs to transfer the information from the above noted plans to CARD so that it can be integrated into the City's infrastructure base map. The processing fee will be determined on a case by case basis after the plans have been submitted for review. (1) 1.11 The applicant shall install two new street lights on (5) marbelite poles along E1 Camino Real frontage. (1) 1.12 All utilities exclusively serving the site shall be undergrounded. Exhibit A Vesting Tentative Tract Map 14914 Conditions of Approval Page 4 **~ 1.13 The applicant shall be responsible for undergrounding all existing overhead utilities located in the alley along the northerly side of the project, including removing existing utility poles and restoring utility service underground to the affected properties on the north side of the alley, subject to entering into a reimbursement agreement with the City of Tustin Redevelopment Agency to recover the associated costs oP undergrounding the utilities on the properties on the north side of the alley, subject to approval of the Community Development Department, Public Works Department and the City Attorney's office. Costs associated with the removal of the existing power pole located approximately 275 feet east of Newport Avenue and located in the middle of the proposed driveway on the east side of Building A shall not be subject to reimbursement by the Agency. (5) 1.14 No on-site drainage shall be permitted to be discharged into the existing catch basin on Newport Avenue and/or storm drain system in Newport Avenue as this site is not within the drainage area of the Newport Avenue storm drain system. The conceptual grading plan will need to be revised accordingly. AEDTCATIONS/RESERVATIONS/EASEMENTS (i) 2.1 The subdivider shall satisfy dedication and/or (2) reservation requirements as applicable, including but not (5) limited to dedication of all required street and flood (6) control right-of-way easements, vehicular access rights, sewer easements and water easements defined and approved as to specific location by the City Engineer and other reasonable agencies. ~- (1) 2.2 Dedication of street right-of-way shall be provided at (5) the corner cut-off of E1 Camino Real and Newport Avenue sufficient for the construction of a curb reap per City Standard No. 124. (1) 2.3 Dedication of street right-of-way shall be provided at (5) the radius drive on Newport Avenue per City Standard No. lOBE. (1) 2.4 Dedication of 20 feet of street right-of-way shall be (5) provided along the Newport Avenue frontage adjacent to the abandoned rail road easement. City records indicated that the existing right-of-way line at this location is 30 feet easterly of the centerline of Newport Avenue. Exhibit A Vesting Tentative Tract Map 14914 Conditions of Approval Page 5 CQNSTRIICTION ACTIVITZEB ADJACENT TO PIIBLIC RIGHT OF i/AY (1) 3.1 Prior to recordation of the final map, subdivider shall (2) post with the Community Development Department a minimum (6) $2,500 cash deposit or letter of credit to guarantee the Sweeping of streets and clean-up of streets affected by construction activities. In the event this deposit is depleted prior to completion of development or City appearance of public streets, an additional incremental deposit will be required. (1) 3.2 Any damage done to existing street improvements and (6) utilities shall be repaired before acceptance of the tract and/or issuance of a Certificate of Occupancy for the development on any parcel within the subdivision. (1) 3.3 Prior to any work in the public right-of-way, an Encroachment Permit must be obtained from and applicable fees paid to the Public Works Department. GRAD INCA / (iENEIZar. (1) 4.1 Prior to issuance of grading permits: (2) (6) A. A detailed soils engineering report shall be submitted to and approved by the Building Official conforming to the requirements of the Uniform Building Code, City Grading Requirements, and all other applicable State and local laws, regulations and requirements. B. Preparation and submittal of a grading plan subject to approval by the Department of Community Development delineating the following information: 1. Methods of drainage in accordance with all applicable City standards. 2. All recommendations submitted by geotechnical or soils engineer and specifically approved by them. 3. Compliance with conceptual grading shown on tentative tract map. 4. A drainage plan and necessary support documents such as hydrology calculations to comply with the following requirements: Exhibit A Vesting Tentative Tract Map 14914 Conditions of Approval Page 6 a. Provision of drainage facilities to remove any flood hazard to the satisfaction of the City Engineer which will allow building pads to be safe from inundation from rain fall which may be expected from all storms up to and including the theoretical 100 year storm and dedication of any necessary easements on the final map as required. b. Elimination of any sheet flow and ponding across lot lines. c. Provision of drainage facilities to protect the lots from any high velocity scouring action. d. Provision for tributary drainage from adjoining properties. 5. All flood hazard areas of record. 6. A note shall be placed on the grading plan requiring Community Development Department approval of rough grading prior to final clearance for foundations. The Department will inspect the site for accuracy of elevations, slope gradients, etc. and may require certification of any grading related matter: *** 7. Note on plans that a qualified paleontologist/ archeologist, as appropriate, shall be present during rough grading operations. If resources aze found, work shall stop in the affected area and all resources shall be excavated or -r- preserved as deemed appropriate or as recommended by the paleontologist/archeologist subject to review and approval by the Department of Public Works and Community Development. All "finds" shall be reported immediately to the Department of Community Development. The paleontologist/archeologist shall attend the pregrade construction meeting to ensure that this condition and necessary procedures in the event of a "find" are explained. Exhibit A Vesting Tentative Tract Map 14914 Conditions of Approval Page 7 8. Preparation of a sedimentation and erosion control plan for all construction work related to the subject tract including a method of control to prevent: dust and windblown earth -~ problems. (1) a.2 All earthwork shall be performed in accordance with the (3) City of Tustin Municipal Codes and grading requirements. PIRS DSPART![ENT (5) S.1 Prior to the recordation of a final tract map, water improvement plans shall be submitted to and approved by the Fire Chief to ensure adequate fire protection and financial security is posted for the installation. The water system design location of valves, and the distribution of the fire hydrants will be evaluated and approved by the Chief. (5) 5.2 Prior to the issuance of any building permits for combustible construction, a letter and plan from the developer shall be submitted to and approved by the Fire Chief. This letter and plan shall state that water for fire fighting purposes and an all weather fire access road shall be in place before any combustible materials are placed on the site. (5) 5.3 Prior to the issuance of any certificates of use and ` occupancy, all fire hydrants sha).1 have a °Blue Reflective Pavement Marker" indicating its location on the street or drive per the orange County Fire Department ''~ Standard. On private property these 'markers are to be maintained in good condition by the property owner. (5) 5.4 Prior to the issuance of any building permits, plans for the automatic sprinkler system shall be submitted to and approved by the Fire Chief prior to installation. This system shall be operational prior to the issuance of a certificate of use and occupancy for Buildings of 6,000 square feet or more. (5) 5.5 Prior to installation, plans for an approved fire-suppression system for the protection of commercial-type cooking equipment shall be submitted to the Fire Chief for approval for the restaurant. Exhibit A Vesting Tentative Tract Map 14914 Conditions of Approval Page 8 (5) 5.6 Prior to the issuance of any grading permit, street improvement plans with fire lanes shown shall be submitted to and approved by the Fire Chief. Indicate the locations of red curbing and signage. Provide a drawing of the proposed signage with the height, stroke and color of lettering and the contrasting background color. The CCbR's shall contain a fire lane map and provisions which prohibit parking in the fire lanes, a method of enforcement shall be included. (5) 5.7 Prior to the issuance of any building permits, construction details for any emergency access gates shall be submitted to and approved by the Fire Chief. Contact the Orange County Fire Department at (714) 744-6623 for a copy of the "Guidelines for Fire Department Emergency Access". The gates behind Building B require a Knox Box or padlock. (5) 5.8 The following notes shall be provided on the site plan: A. Fire Department Final Inspection Required. Schedule inspection 2 days in advance. Phone 832- 1071. B. Locations and classifications of extinguishers to be determined by the fire inspector. C. Storage, dispensing or use of any flammable and combustible liquids, flammable and compressed gasses and other a hazardous materials shall comply with Uniform Fire Code~Regulations. D. Building(s) not approved for high piled combustible storage. Materials in closely packed piles shall not exceed 15 feet in height, 12 feet on pallets or in racks and 6 feet for tires, plastics and some flammable liquids ff high stock piling, comply with UFC, Art. 81 and NFPA Std. 231, 231C and 231D. E. Plans of modifications to or new fire protection, detector or alarm system(s) shall be approved by the Fire Department prior to installation. r` Exhibit A Vesting Tentative Tract Map 14914 ~` Conditions of Approval Page 9 NOISE (1) 6.1 Prior to issuance of any Certificates of Use or (3) Occupancy, field testing in accordance with the Title 25 regulations may be required by the Building Official to verify compliance with STC and ZIC design standards. (1) 6.2 All construction operations including engine warm up shall be subject to the provisions of the City of Tustin Noise Ordinance and shall take place only during the hours of 7:00 a.m. until 6:00 p.m., Monday through Friday unless the Building Official determines that said activity will be in substantial conformance with the Noise Ordinance and the public health and safety will not be impaired subject to application being made at the time the permit for the work is awarded or during progress of the work. (i) 7.1 Prior to approval of the final map, all organizational documents for the project including any deed restrictions, covenants, conditions, and restrictions shall be submitted to and approved by the Community Development Department and City Attorney's Office. Costs for such review shall be borne by the subdivider. A copy of the final documents shall be submitted to the Community Development Department after their recordation. CC&R's shall include but not be limited to the following provisions: A. Since the City is interested in protecting the `~ public health and safety and ensuring the quality ~` and maintenance of common areas under control of an Association, the City shall be included as a party to the CC&R's for enforcement purposes of those CC&R provisions in which the City has interest, as reflected by the following B through J. However, the City shall not be obligated to enforce the CC&R'&. B. The requirement that association bylaws be established. C. Provisions for effective establishment, operation, management, use, repair and maintenance of all common areas and facilities including landscaped areas and lots, walls and fences and paseos. Exhibit A Vesting Tentative Tract Map 14914 Conditions of Approval Page 10 p. Membership in an Association shall be inseparable from ownership in individual lots. E. Architectural controls shall be provided and may include but not be limited to provisions regulating exterior finishes, roof materials, fences and walls, accessory structures such as patios, sunshades, trellises, gazebos, awnings, exterior mechanical equipment, television and radio antenna. F. Maintenance standards shall be provided for applicable items listed in Section C above in CC&R's. Examples of maintenance standards are shown below: (1) All common area landscaping and private lawn areas visible from any public way shall be properly maintained such that they are evenly cut, evenly edged, free of bare or brown spots, free of debris and free of weeds above the level of the lawn. All planted areas other than lawns shall be free of weeds, dead vegetation and debris. All trees and shrubs shall' be trimmed so they do not impede pedestrian traffic along the walkways. Trees shall be pruned so they do not intrude into neighboring property and shall be maintained so they do not have droppings or create other nuisances to neighboring property. All trees shall also be root pruned to eliminate exposed surface roots and damage to sidewalks, driveways and structures. (2) Common areas shall be maintained. in such a manner as to avoid the reasonable determination of a duly authorized official of the City that a public nuisance has been created by the absence of adequate maintenance such as to be detrimental to public health, safety, or general welfare, or that such a condition of deterioration or disrepair cause harm or is materially detrimental to property values or improvements within the boundaries of the subdivision and Association, to surrounding property, or to property or improvements within three hundred (300) feet of the property may also be added as alternative language. Exhibit A Vesting Tentative Tract Map 14914 Conditions of Approval Page it G. Association approval- of exterior improvements requiring a building permit shall be obtained prior to requesting a building permit from the City of Tustin Community Development Department. All plans -' for exterior improvements shall conform to requirements set forth by the City and the CC&R's. All plans submitted to the City. shall bear the Association's stamp and authorized signature of approval. H. All utility services serving the site shall be installed and maintained underground. 2. The Association shall be required to file the names, addresses, and telephone numbers of at least one ~eaber of the Association Board and where applicable, a Manager of the project before January 1st of each year with the City of Tustin Community Development Department for the purpose of contacting the association in the case of emergency or fn those cases where the City has an interest in CC&R violations. J. No aaendment to alter, modify, terminate or change the Homeowner's Association's obligation to maintain the common areas and the project perimeter wall or other CC&R provisions in which the City has an interest, as noted above, or to alter, modify, _ terminate or change the City's right to enforce _ maintenance of the common areas and maintenance of the project perimeter wall, shall be effective without the prior written approval of the City of Tustin Community Development Department. (1) 8.1 Prior to issuance of any building permits, payment shall (3) be made of all required fees including, but not limited (5) to: A. Major thoroughfare and bridge fees to Tustin Public Works Department. B. Sanitary sewer connection fee to orange County Sanitation District No. 7. C. Grading plan checks and permit fees to the Community Development Department. Exhibit A Vesting Tentative Tract Map 14914 Conditions of Approval Page 12 D. All applicable Building plan check and permit fees to the Community Development Department. E. New development fees to the Community Development Department. F. School facilities fee to the Tustin Unified School District subject to any agreement reached and executed between the District and the Irvine Company. G. Transportation System Improvement Program, Area "A" Development Fees to the Community Development Departaent. H. Should the Department of Fish and Game reject the Certificate of Fee Exemption filed with the Notice of Determination and require payment of fees, the applicant shall deliver to the Community Development Department, within forty-eight (48) hours of notification, a cashier's check payable to the COUNTY CLERK in the amount of $1,275 (one 'thousand two hundred seventy five dollars) pursuant to AB 3158, Chapter 1706, Statutes of 1990. If this fee is imposed, the subject project shall not be operative, vested or final unless and until the fee is paid. (5) 8.2 Prior to recordation of the final map, the subdivider shall provide executed subdivision/monumentation agreements and furnish improvement/monumentation bonds as required by the City Engineer. r (1) 9.1 Within 24 months from tentative map approval, the Subdivider shall file with appropriate agencies, a final map prepared in accordance with subdivision requirements of the Tustin Municipal Code, the State Subdivision Map Act, and applicable conditions contained herein unless an extension is granted pursuant to Section 9335.08 of the Tustin Municipal Code. (i) 9.2 Prior to occupancy of any buildings, the Subdivider shall record a final map in conformance with appropriate tentative sap. Exhibit A Vesting Tentative Tract Map 14914 Conditions of Approval Page 13 (1) 9.3 Prior to final map approval. A. Subdivider shall submit a current title report. _.. B. Subdivider shall submit a duplicate mylar of the Final Map, or 8 1/2 inch by 11 inch transparency of each map sheet prior to final map approval and "as built" grading, landscape and improvement plans prior to Certificate of Acceptance. (1) 9.4 Subdivider shall conform to all applicable requirements of the State Subdivision Map Act and the City's Subdivision Ordinance. *** 9.5 Prior to release of building permits, all conditions of approval of Conditional Use Permit 94-003 and Design Review 94-00~ of the subject project shall be complied with or incorporated into applicable working drawings as shown on Exhibit A attached to Resolution No. 3279 and incorporated herein by reference. ATTACHMENT C Recorded Easement _- {{ r~ ,. `/- (M ~ _ ..... _.._ _. _...- ~ ..,...,..........,.~........w...,., . Mi , n~rTrrll;isa~M't RECORD1Ht3 F2EQUE8TED EiY AND WHEN RECORDED MAIL TO: NEWPORY CAMINO PLAZA JAY D. JAt?CiER ?a2tt W. COLLlN8 ORANGE, CA. A26i3-~N l~9 I` t~ (t3pace Above Thb Urn For Recorder's Use OMy) j, OECLARAI"ION OF ESTA9U8HMENT OF ~eattctrr~c ~ TH18 DECLARATION 01: E$TA8LI8HIKENT OF EASEMENTS ("Easement i7ecleradon") b made thle 15 ,,~,h _,.,~y o~ gQQtenbar ,1N4 b jr NkWPORT CAilI1N0 PLAZq, LP. a Cafltomia Llrrtlted Parfiershlp q! ("Declarant') 0 A. Declarant b the owner a! that certain real pt+operty in the County of OnutQe, State of Callforrde, mow parttctilarly dr~trllted In ~nY"1• attached heroi+o. Lob 1, Z of Tract 1~t4, {the "Gowned B. Dsci:raM desires 4o provide wclprocai eessrrisma for !r-prese. eDress, parklrlQ and other purposes for the tterfelk of the Cayewd Property the Lot 1 Owner and the Lot Z Owner ati ae mow fully descHtzid hNrtln. DpC ~! 9~-4Z'415~8 o7--~uN» X 995 02 s l i PM tK0-d!d in ~Nfcftl RecOr4s tl Or»tt Comb. Wlttrait 8t~ !. tmnvllle~ tttrk-Rect-~ Ptte l of 11 F4esr ~ i6.06 text ~ a.oo ~4 TH9N8TRIl11fNf FAEl WRIt1:00RD8C ~ IWERIC~-N T1TLE ~1SIJRANCE C~dA+ikY AS ~H ACOOtI110DATlON ONIV, ri -1,~5 NOt BE[;, z.::ur ~ -s r0 Il$D~EGUt1phl0RilSTO1fSlfF~CT UPOV.TW; ~1{,E. NOW. Ttit:RlFOR!?, tiq eassmsrtts dNCrlbed hsrNn shah ba conveyed In 1hs rrtarrttN' and sutr}ect t4 the tollowlnp teens and condiNort~ The tattowirtg tempts aced In this Easeirtent 1leotaratton awe deilttsd to mean as stows: /~~~~ ~~~.~') • ~tYi "ww.•s ehaR nltfeB and ra~tK b0 ~altge ww~.11 Catitorrtta. won 1.02 • Lot i. "I.ot i"shall merit and refer to that` certstn real property Located to the County and more partic~arty dsscrtbed ~ Et~1i ",g" attached hereto, ae such lo! may be adjusted by a lo# tree adhabrteM approved in accordance with the Cal0omta 8abdfvtston Map Act and recorded in ttte tMldd Records d tM CauMy. 3ecti 1.03 - t.ot 2 "lot ~" shalt merut and refer to that csrban real property located In the County and more patlaWarly described In alt g attached hsnt0. a such tot maybeadjusted by a lot Ilia adJwtmertt approved in accordance with rite CaNlomla 8trbdivtston Map Act and recorded in the Oifldsl Records of the Countyy. t3ection 1.0~ • Lot 1 Eaeentsrtt Area. "Lot 1 Eaeemertt Arent" shtdi rrtean and rarer to that portion of the Covered Property taratted orr Lot 1 wed for pedestrian and vehiadst Ingress and egrcst and driveway and psrldng purposes as more isliy described and deputed on ir.tchl t °A" attached hereto. Secdon 1Ab - Lot Z Eaaent~t A~ "t.~ 4 Easertlerrt Ana" shrill n~ar1 and refs to that portlon d the Covered property locatbd on Lot Z wed for pedestrian and whlaulsr ingress and egrott and driveway and p:rWng purposes as nwr+e tutly described and deputed on ~h~: rtttactted hereto. 1•~ • L4ti E!!i!~ "i.ot 1 Easanent" sffNl rrtsan and rehr to an easerr~ertt for tM wt and btrtsAt of the iot 2 Owner attd ib Istrsees and their respective employees, Irtvlbn, ~!~ and agortb tar Purposes d pedestrian and vehkular Ingress end egreee and paridrtg over the Lo! 1 tcasemtrtt Ana as more fatty desaritud In t3ectlon 2.01. _ .. t' .._ ...._..._... ,w....._.._..__._....... ..._ t~On 1.07 - Lot Z Oasar•,r~t "Lot Z Elrse171ent" shall rrlearl and frfwl't0 an easement for the use end brnMtt of the Lot 1 ON+r1er and !b Irsssrs and ttteirnspective employeq. Imrihes, desipnsq and a~rrb /or pur~osss of pedrsMiut end vehicWartnpmsss and sprosa and parking over the Lot 2 Eassmerrt Nee es Harr fairy drscdbrd in 8e-etton 3.tN. 8ecdar 1.~ . i n_i 1 fC=-=-- ! F"a.r "LOt ~ ~q~ment Ueen" i1{vIi 11leeft and refer to the Lot Z Owner and Ib lessees and thelr rgpe0tly~ rn~ayess, htvltsq, dasipnses and spetrb. Srcdon 1.0li -lot ? Eagrnent L~ "Lot S Eganent Users" sha11 nlsen and refer to the Lot 1 OwnsT and Ib lessees and ttlsir respectlvr emploY~, Invltees~ deslprges and agents. 8edion 1.l0 -,dot 1 Owner *Lot '! Owner" shall mean and refer to one or more persons or Mtlliq who and atotle or cotlrctivdy the record owner of tM slmpid Ntte to the Lot 1. Inchidlnp, without Iln~ibMiOn. Deolarant for as long as Gectarant H ncord owner of tee tt8r b L~ 1, exdudinp any prnorr or entity having any arch Irrteres! manly as sscwityr for the perfonnsncr of "~ an obUpatlon. ton 1.!! • Lot 7 Owner. "Lot x Owner' shy mean and refer to ens Ot more persons or .ntlttq who ate alone or colircdvsly ~ naord owner of tee simple title to Lot Z, includkrp~ witl~aut iirnitatlon, Decirusrtt or as long as Oedanrrt Is record owner of tee tltte to Lot $ exdudinp any person or entity ~~•ny- sash interest mrrely a securHy for the performance of sn obllpation. t3oednn Z.01- Reserymf3o ;s 8ubjsct bo the terms and coruiitlona of this Easement t3aciaratton. Declarant hertby reservq together with the Npht to grant and transfer ~e same to lire Lot p Owner for the use and brneftt of the Lot 1 EasQmeM thin, a nonexcirn;{ve easement over the Lot 1 Easemenn Area for (a~ vehicular and p?adeeMan acess, Ingress aid egras to and from Lot Z, (b) paricinp aver thr portlan Thereof dgipnatad for parking purposes, and (oj repair, r~sstoraatlorr'and matntarranca purporss. Such easement shell be appurbnsnt to Lot R. _. tiaction 2.0~ • Unobsdyg~(„ Use. The tot 1 EasettMttt Users shall not ua the tot 1 f=asemsnt Area in s namnar flat unns:anaWy impedes or hinders the ingress and egress over nor unreasonably fnterbns with or precludes the uses and sn}aymsrt! of the Lot 1 F,asement Ana by the Lot 1 Owner end its lessees and Ua(r rrspectfvs employes, invitees, dsslpnese or egenb. The Lot 1 Owner shall not erect any improvement or place any banter on Lot 1 which will atrsrtge or inhibit In anyway the abgity of all psdesMan ar vehicular irdfla to travel freely across the tot 1 Easerttent Ana without the prior written conse-rt of the Lot Z Owner, which cortaerrt shall not bs unressonabty withheld or dslaysd. NotwitMtauldinglhe forgoing, the Lot 1 Owner shall have the right to temporarily resMct access to ail or any portion of the Lot 1 Esgment Ana ht the event of any nudntenance, reprdr or restoration activities on the Lot 1 Earsaasnt Area providtd such maintenance, repair or restoration activities an prosecuted to • cornpletlbn with rsasonabfe dliigenae. 8, setEon 2.t)3 - Reoair.$g~,gradon and Nlalntenance. The Lot 1 Owner ahhli be obligated to repair, msto» and maintain the Lot 1 Easement Ama In a good, sab and atbsatlve condition. N the Lot 1 Owner fails to adequately perform its repair, restoration and nsalntenance responsfbtities with repeat ~ the Lot 1 Eassrrrertt Area as set forth show, the Lot 2 Owner shall have the right, bat not the obligation, to pw-orn- ouch repair, restoration anti maintenance K, alter the Lot 2 Owner has notifkd the Lot 1 Owner in writing of its intent to effect such ropair, restoration and mdntenancs, the Lot 1 Owner tails to commence ouch repair, rostoration and mslntensnce w~htt ttttaen (16i days thereatttr for non~emergency vrork, or withM a lime period spsaffled in the notice for emergency work wfiich b reaeorrable In tight of the clrcurresbrices, and diligently prosecutes each work to completion. Any work of mslrttenanae, repair or rsstondFvn with respect to the Lot 1 i;asemsnt Ama chap be accomplbhed with reasonable ~Itgena. ;teceon t.~ - Oama~ K the I.ot 1 Easement Area is dannagrd due to the nsgltgence or willful misconduct of one of the Lot 1 Easentsnt Users, the repair o1 such damage shall bs accomplished at the sole cast arM sxperrss of the Lot 2 Owner. t.actspt as othsrvrlse provided in the preceding sentence, the cost of mpalr, restoration end. maintenance of the Lot 1 Easement Area shall be bon~re by the tot 1 Owner. $~op 2.06 - t?eslQnsted Pariclna 9oaces. Lot 1 Owner may, from tlrrts to tfine, designab parking spaces. In the Lot 1 Easement Area as patkinp eras for "Emplay~es," "1/lsitore" or other aategarlss. -: t34ction 3.01 . R~aar~aNen. tkrb]ect to the tarrrls and condlttats of this Easertten! Dectaratiort, Declartutt he»by raselvas bpetller with tlta right to prattt and transfer the eanre b the Lot 10wnerfor ttte cpre and berreilt of the tot ~ Easennerrt Wen„ a nonexchulve eaeenwttt Drat the Lot 2 Easement Ana for la} vehicular arM pedestrian aacas, lrtpnas and egress b and firom Lot Z, (bl paricinp over the portion thereof desipntted for parkirty purposq, and (a; repair, restoration and malnbrtance Purposes. Such eiaen>enta shelf M appurtenant to Let 1. tlectton 3.112 • U ~; y~ The Lot Z Easement User eh+di not use the Loi 2 casement Area in a manner thst unreasonably impedes or hinders the trtHress and egress over nor unroasonably Intir[sras with or precludes the use and er~oymertt of ttte Lo! T Easement Ana by the tot Z Owner and its lessees and !hair respsctlvs err~ptoyees, invitees, dssiprtaa or apertts. The Lot Z Owrror ehaN not snot any improvement or place any barrtsr on Lot R which will change or tr~IbR in any way the abiiitty of ail psdsstrtan or vehicular traf'Nc to travel froeiy across the tot Z t3asemsM Aroa without the prior written consent of the Lo! !Owner, vdtkh consent shalt not t» unnssoneby wlthhsld or delayed. Notwlthstantkna tM fonpoirtp. the Lot 2 Owner shag Nava tM r~ht to temporarily riatrict access to all or any pomon of the tot T Easement eras in the event d any rnairttenancs, repair or restoration actlvittes on the Lot R Esaantsnt Assn provided such maintenann, repair or restoration adivi8es are prvsacuied to a aotnpietian with reasonable d111Eetrce. ~ctlon 3.03 - Ra ir. Reatoratlan and Ilatntwn...... The tot 2 per sha# ba obligated b repair. rasbr+e and malntNn the tot 2 Easenknt Arse In a good, sa:M and attnctlvs condWon. N the Lot 2 Owner faits to adagwtely perfomt ib , restoration and malrrberrarrce responsibiiWss with respect b the Lot Z Es:err~ent Area ae set forth above, the Lot 1 Owner shalt have the right, but not the obilyatiorr, to perform such npak, nstantion and rnrdr~bnance H, after the Lot 1 Owner has rtalifled the Lot Z Owner in writi~ of ib kdent m efhct such repair, resbratfon and maintenance, fife Lot 2Ownerfails to commence such rppair, restoration and malnbnancs wtthinflfteentltl)riays thsteaftarfor rtam~nrerper~cy work, or within a titres period specified In the notice for emerQsncy work which Is raASOnable hr Ilpht o1 the circumstances, and dillpisntly prosecutes such work to completion. Arty work of mslnbnanca, rapsk or i ,. ,. ,. _: :...: restastion with nspect t4 the La Z Essenxrrrt Aria shah bs aacampllshed with reaianable dglpence. t3ection S.at - tlamaw. K tho La Z Easement Ana is darraped dw to the nspppsnce ar wi11iW misaonduat of one of the Lot Z Easetnsnt Ueen, the repair of such danurge shall be accorr~ifiited at ti-e sole cost and expense of the Lot 1 Owner. Except as otttetvWse provided its the prseedirp sengnce, the cast of rsprdr, restoration and mainbnance of the Lot 2 Easynmt Ana shah be horns bj- the Lot 2 Ownet. t3ection 3.Oti - i>asfansted Farkirw ttasces. Tile La 3 Owner may, frc~rn tlrrte b time, desipnab parking spaces in the t.ot Z Easemeru Ara:s parking anal far "Employees". "Ylsftoti" Or attler catagoria. (a) BxCapt as otirarVVlse provided in fhls ~ Dectartltan with rasped to the altocatfon of casts of mairibrancs, repair, nstartdon or nptacemmt at Improvamenb between tM Lot 1 Owner and !hs LN ~ Owner, tla Lot Z Owner shah indemnity. deNnd and hold the Lot Owner harrrrlssi from arcd against all liahiNtll for the Ioss, dumps. inJury • or ci~im with. respect to arty person or properly and from all cosh. supenns, obiipations, Uabilltlse, rscoveriss, detkienaiss and charges atisinp therefrom, Including nasa>nai~te attameys' fees and cant cosh, attsMp from the use ~ the Lot Z >=aeement Area by the i.ot Z Easement Users; provk3ed, however, that the Lot Z Owner shaft not be indsmnifled rear held harmless irom and against any lafbiiity artsinp from the gross nepfipence ar wNitui misconduct of tl» Lot Z Owner or ib apenb or emptoyeas. (b} Except as othsmise provided in this Easeatent Declaration with respect to the allocation of costs of md~rgnce, repair, ratoration or nlolac~ment of improvements between the Lat 1 Ownet and the Lot Z Owner, the Lot R Owner stab irulsmnlly and hold the Lot 1 Owner harnNess from arul apatrurt aft tlabllity for the toss, damage, ln)rny or claim with nepsct to xny Pew or property rrnd from all cosh. expenses, oW#gatlorrs~ UabinEes, recoveries, deAclenda and char~si arbinp thsralrom, incirrdlnp naaanable attomeya' ices and court cosh, arising ~~ ., . . from the use of tM Lot 1 l?asamsM Ana by the Lot 1 Eaeemrrtt users; provided, hovrever, that the Lot 1 Owner sf qdl not be Inden~nMed nor held hornless from and against any llabiltty arlslrtg from ttre prose nepiipenco orwlllfui miscorrduct of tM Lai t Owner or its spente orsnrptoyees. (a} N the Lot 10wner performs any mdnhnanoe, repair. restoration or nplscement of any intprovamertts on Lot $ the Lot 1 Owner shall not perntft to !te strfor+asd agahtst Lot T arty Ilea, cfalm or demand arlalrtp from any such work (except hens, clatrrts ordemtnds suftsred by or arislnp fr+ern the actions of the Lo! 2 Owner) and shall pay ell such Hans, claims and demands before any action le brought to enlores the came against tot 2 The Lot 10wner sha11 hold Lot 2 and the Lot 2 Ownerttse and hamtlsss from ail liaWltty for any and ail suait pans or dernends touter with aH costs and expenses, irtatudtrtg, without IlmHation, reasonable attorneys' fees and court costs incun+ed in cormectlorr tltsteMrlth. ~~ tb- M the Lot 3 Owner psrfom» any malntenanae, repair, ,~ rostoratlon or replacement of any irr~rovementr an tot 1, ~ Lot Z Owner shall not permit to bs enforced aQalnat Lot 1 any Hen, claim or cMmand arisirq from any such work (sxcapt Henn, ciwitt>f or denrartds sulhrsd by or artslnp from the actions of the Lot i Owner) artd shall pay aH such Hens, claims and demands before arty action Is brought to eMon:e tha acme agrtinst Lot 1. the Lot Z Owner shall hold Lot 1 and the Lot 1 Owner tree and hanalass from ail IlablHty for a»y and ~ sudt Hens or demands topellter with III costs and expenses, irtciudMgU whfwut Ilmitatlon, reasonable attorneys' tees and court costs Incurred to connection therewith. (ay 'fhe tat 1 Owner shall obWn and maintain In sftect at all rimes a comrriarcial genera( Hablltty tnaurancs policy lnswdng apah»t liability for damage or injury. Inctudiny deaths, to persons or property of any user ai the Lot 1 Easemerd with minimum coverage tevsh'of One AAiHlon DoHare (: t.t)OO,t)OOAO}for claims adstng out o1 a single occtarertce for bodHy injury, deatlts and property . TM Lai ~ OwrtK shall be named as an sddidonai iraured on such pubUa Ilabplty lnsunrtce coveraya obtained by the Lot 1 owner, who shall provide written evidence thereof to the Lot 2 Owner. The Lot 1 Owner shall provide st all times upon demand .....-- , _ .. - ~ . .._. - _...-~.x,..r.~..,,,, ... _ ___ ......._.... h~ava~been paidd andr that tF~ tequla red policies #resucu~urance premiums (b} Tate Lot 2 Owner shall obtain end ntalntatn in eKsct at ~ times a cornmsroial genera[ tiabittq- insutyatce poUay insuring apatmt IlaWitiy for darnsge or Injury, includtnp deaths. to persons or property of any asst of the Lot 2 Easement with minimum cowraye levels of One ~ipNon Dollars t; t~000~000.00) for chime ariaing out of tt single a:aurruta+r /or bothiy injury, deathsand properly damage. The Lot 1 Owner shall bs named as an addttlonal insured on such puWla Uability tnaurance aoverps obtained by the Lot 2 Owner, vrho shall provide written evidence U»reW to the Lot 1 Owner. The Lot Z Owner siudt provide at a!t times upon demand by the Lot i Owner saNstaetory evtdenae that alt such insurance premiums have been pall and that the requlrad poNalss era aunrnt. Sect#on 4.04 - tuottae. Airy notice to bs gluon or other document W be delivered to any Owner shill be dunned degvantd tf deltvend {n person, or deposited in the United States mall in the Couetty, duly cardtled or repisterod, rotvrn roaelpt requested, +~ P~~ propald and addressed to Ills Qwner for whom iMendsd, as follovva: K to Declarant: NEWPORT CAM{NO PLAZA L.P. A CalHomla Urtttted Partnenh~ 1625 W.Cotihts Orange, Ca. 92613y4168 K to Lot 1 Owner The address of ifis prinalpal plats otherthan Declarant: of business. b to Lot 2 Owner Ths address of its principal place otherthan Dectarar~ otbwiness. a any police or document is sent by mall, K shall be deemed to be r90livered torty~e[pht (~f8) hdurs niter the maiHnp thereof as provided above. The tot 1 Owner and the Lot Z Owner may thongs their addross by gluing written notice o1 tits new address as provided in this t3eatton 4.d4. l3ectian 4.0b - tcassments and Covsnarrts to Run with the Lind. The easements and other riphta msrved hereby and the restricftons a»d -• ..- _. _ . ; . ratd ~+~ca+csoind~easi~rti. ~ ~~' Hf~ !ot ~ OwgK In ttta eYentr o! any itOrMrpYantyi CtMnt Or dlsputa ~ qtb Eas~rnatt Csdaratlore, the pratiaiNnp ply rriN bs srMitled to rscovaaraii aosb ot~ InNttdlrtp r~ adtorcteys•fies. 4.07 . TMtNnulmv_ WIiN'M ttN oontbld requlrsa~ tits fttaaCWNla penderlnrludss ltts teminnres and tNUter and tuts angular ease tits plural. 4.Of1- ~otlons. ~~ are uasd in thb EssertNnt Dsdaratlon d qda Eara~ p a~j, and do r~o! fir. n~odfry/ of add to tf~ bona Easerrarrtt Declaratlo~rt~b det+ntrinsd Coto ba InvaiW. !t w[~MaCt tba ~ nmatninQ laotrts~ cowrrasrb and cortditlorts of tltls Eassnartt won 4.10 - W~i Ttrs rvah-sr of any borsch of any provlslptr hsrwrtdsr Ntal1 not be deemed to be a walwr of a»y pncsdlrg or ~ w-tt brrach t»reratdsr. No wahrar shall be bindlnp unUss nr wrttlrtg arKl ~ by ~ try maidtg ttp waitrer. Section 4.11 - Govemina ~... 'iltis Easernfrtt Declara~lott tvN(be Qotrertw~d and lnbrprsted pursuant b ttls laws d the Stab of Caltfomla. won 4.1 Z - ~dQdtf- o! Mortcaa~ ~~-- Np b~sach of ttw covartanb~ corblNons or rabldyo~ aha~ and datsat or rarer trtvaHd the Nen or por~ a tl~ia ~ ~ ~°Od t+dth and ror vMua ~~ ~Y nsMcdorts strati be bbtdrti-. but alt of saki oove~ cor~Ons and Lot Z Owner vrftose ttUe ls~dertr~idand ellsctlva- agai-nt any Lot 1~Ownar or otherwise. with tws'~toserrs or trtertse • Mali, or ntspsct to ttw Cotrsred properly. Mort 4.18 - C~,aw a...,.wr~~ ~ ~~ and nrr~dlss emdsr the Easarnsnt Oaelaratlon are curnuiatlw, std no orts oltheur shah be e>;cirtslw of any other. and any Lot 1 Owner or Lot ~ Owner shall bave the rl0ttt to pantos arty one or all of such rlQltta, options end r~ttlalTldEq or +~- otMr rsrrMdy or oils/ wfMch tray be provided by law, rtAtstlNr ~ not stated in ttth Easantsrtt prrclrpatfon. The proWalons oI this Eaaarttsn! geolaratlan shall be liberally ~ b of factuah Its pur~soss d cnatlnp rsclpracal i ! i .a«rNna and ~ obttpstloe~s for portbm d the Cawed t~op«ty, ~~. TMs E~aaerrmt Wdaratlon rohr a. modified, amaxi~f, wp~rwnlad or tsvoicad bar vwitfan Natnrmnt ncadM in ftM Cian~ County Recorders Office,.x.eulsd i~r D~cianrrt whit. h tM owner d Lot 1 and Lot ~, or aY tfte owners d Lot 1 and Lot ~ after Dicl+stint trsnstirs Dedariq~!'a iMersst M sflfwrd iet 1 or Lvt Z ... fN Yif17NElts WH~AEOF. thh F.asartMnt A~clwra~oa tM ~xeaubd ss of tlw day arrd year Met above M+rltbn. "DEC1,AttANT' By: NkVYi-GRT CAIYliNO Pl.AtK, L»P. A CaRlomia Llmftsd PartrNrahlp i82a W. CoUt~ Orar~e, Ga. f12di3~is9 ~y: p. G_"~.~.t Ph~ra.~ ~~ ey: tb: ~ I. i Au..nuntaoitt ACKNOWUitIOElt<N7' scare of ~f ~7 ncrc-~ Gounty of ~ t~ n.. U ~~ On ^f f~~lf~ ~ betoro me, ~~~~J~~ ~ ~.lQ~1Sr ''!/V~GTit~~l ~~~/3f/~.~, art '. wu+E.ruua o.•wraooE',rp Haas peraonaliy appeared ~, ~~ rl~'~v'- ~~~a Ci personalty known to me - aR - D proved to ma on the basis vt eatistactary evidence to be the person{s} whose name{s} tstare subacrlbed to the within tnstrumen# and ac• knawiedged to me that he/shelthey executed the same (n his/heNthetr authorized - - - • - - capactty(ies), and that by hisiherltheir $uti:ars A. Uoyd signature{s) on the instrument the person{e}, ,ut~rtnr.>cccx~ or the ontity upon behalf of which the o,.,~O1M iO;.~ ~,,~ .u. persvri{s) acted, executed the instrumenl. WITNESS my hand and ofrlclal seal. So+uinxr• a noruty OP1'It?IdAL 7hoagh the data below sa not required by law, i< maypove +raiiuubte to pereona reh~'9 on the document and could prevent traudutenl reatlachmera of th19 corm. CAPACITY CUIMEfI !3Y SIGNER o lNVlwiwal. (~ cORPpRATE OFFICER "'- nnrrn PARTNER(S) ~ L.tMrfEO aENERaI. U aTTOI~NEraN•FACT O Tt~sTEEtsi C~ ovaaouwrcorrsERVATOR D oTHEA• __._-__ __- SKiHER t8 AEPAE~NTiriti. wa+e or rrnspa~opernn.rts ~ DtiSCIttPT1DN OF ATTACHEp DOCUMENT TITLE OA PE OF t)OCUMENT ~%f_ is/`~~ _ DATE OF t?OCUMENT SIONERtSy OTHER TtfAN NAMED AaOVE T arowruralwueorea.aasneuf~a+•aixn,~a.. voawrraa•c.M+oan«a.cxe+~osnN .- 6 ~~ rrAn i 1 ~R LOTS 1 AHD S 0P TRACT N0. i491i A8 8fk3Wit ON 11 !!RP FIL$D ZN 80OK 784, PAGER 43 AIID 44 0! AIZBCELL71!/$OUS NAPS, RECORDS OF ORANGE COUNTY, GILIFORNZA. i i t ~I () 11 (oLlihs~iy2o2~.rr+M) F.XElHPt' "A" h ~r RCN cLStT "A" ~i '' • `~ - ~ I s ijl .... t ' - --- ~ ~ ---1 ~ i t 2 ~t ~ ~ ~ w ~ j~il ~ ~ ' - ~~( ~ ~ I i ~ I 1 ; n ~ ,j ~ i ~' ' ; ---- ~ ~ ~'jr----_- ---^----~^ i t~ ~ ~ ~ ti ~ ~ f I ~ ~r ~ .. ~ t 4•_--__------------- r--- A '' i t `- t i I ~ .I •I -~, ~ ~ ~ i 8 I I ,I I ..,. ' I ---i ' ~ ~x -uz P_M. 106/29 30 ~ ~ s'3L~C4'Lilr-'--- ~ -~t-- ~~! I ~! I I I I I ,~° r1' I~IiE• o !Ili~~~ t!lI1~~ #~~~l~~ ;~j~l ~~ ~~~s i lRai~~ a ~ z ,~ ~~ ~~@~ i ~ i~ ~ ATTACHMENT D Submitted Parking Study City of Tustin NEWPORT CAMINO PLAZA (RALLY'S) Parking Study Prepared by: Austin-Foust Associates, Inc. 2223 Wellington Avenue, Suite 300 Santa Ana, California 92701-3161 (714)667-0496 September 26, 2007 t City of Tustin NEWPORT CAMINO PLAZA (RALLY'S) Parking Study Arby's Restaurants desires to convert an existing Rally's Hamburger restaurant in the Newport Camino Plaza (13982 Newport Avenue) into an Arby's restaurant. This request includes a variance for eight parking spaces. The City of Tustin has requested a parking study to determine, what if any, impact this would have on the entire center. ANALYSIS The existing Newport Camino Plaza contains 100 non-assigned parking spaces. The existing Rally's restaurant, with its 28 seats in entitled to 9.3 spaces (one space per three seats) of the total based upon City Code requirements. The new Arby's restaurant is proposed with 58 seats, which requires 19.3 parking spaces. The proposal is to add two additional spaces (meaning 11.3 in total) and apply for a shared use for the remaining code required 8.0 spaces. Since Austin-Foust Associates, Inc. (AFA) initial report completed in August 2006, nothing has changed in the Center except for the addition of the Quick Drop-Internet Auction store that filled a previously vacant spot, and as shown in Figure 1 and Table 1, requires only 6.4 parking spots. TABLE i CURRENT TUSTIN PARKING RATES Business Size Parking Rate Parking Required % Of Total Required Spaces Petco 11,472 sf 11200 sf 57.36 57.60% Rall 's 28 seats 1/3 seats 9.33 9.37% Hair Salon 1,100 sf 1/200 sf 5.50 5.52% Nail Salon 1 00 sf 1/200 sf 6.00- 6.02% Internet Auction Store 1,280 sf 1/200 sf 6.4 6.43% Sushi Restaurant 45 seats 1/3 seats 15.00 15.06% 99.59 100% Arb 's 58 seats 1/3 seats 19.33 17.37% Newport (amino Plaza (Kally's) I Austin-Foust Associates, Inc. Parking Study 1045001rpt.doc .TLl.-13-207 0916 PP BIOIIEDICAL.S 949 859 S'9B9 P.~ w~ -~ u -" - Z ~ ~~~ ~ ~ a ~• r ~~ ~G t G { 1~1 s ~ ~. ~ ~ ~~~~~ ~~ r ~r~ ~ :,~,., ~ ~ ~ ~' ~. ~ avenue !::~: ror~ P.O~ m 0 w° e-r y w ~ ~~ ~o ~w ~~ E ¢~8 ~S o ~ w Q .~ Q N -~ a ,~. A ~..i a 0 ~~ a U ~~ ~o v ~' ZU AFA conducted a parking count of the existing overall parking utilization. These counts were collected on three weekdays and two Saturdays in August 2006. The parking utilization was observed on a half hour basis during the three meal time periods of the day (7:00 - 9:00 AM, 11:30 AM - 1:30 PM, and 4:30 - 7:00 PM). Table 2 presents the results of the maximum parking observed on each day regardless of the period (morning, noon or evening). The full data is furnished in the Appendix. Table 2 PEAK NEWPORT CAMINO PARKING UTILIZATION Da Counted 1Za11 's Zone 37 s aces Entire Parkin Lot 100 s aces Monda , 7-31-2006 13 40 Tuesda 8-1-2006 10 45 Wednesda 8-3-2006 17 41 Saturda 8-4-2006 18 53 Saturda , 8-5-2006 18 52 The Newport Camino Plaza's parking lot, shown in Figure 1, was broken down into three zones, one of which generally served Rally's customer/employees. As noted in Table 2, the Rally's zone experienced between 10 and 18 of the tota137 spaces ever filled at any one time. This means that even if none of those spaces are used by Rally's then there remain at least 19 spaces available for use by the f' .®,- new Arby's restaurant, which only requires 20. In reality, it is estimated that over half the available parking in the Rally's zone is already used by Rally's and consequently conversion to an Arby's restaurant will have virtually no impact to the center's parking beyond the limits of the Rally's 37 space zone. It appears that the exchange of the Rally's use for an Arby's restaurant will have little or no effect on the parking for the remainder of the center. A review of Table 2 indicates that at most, the existing center's parking is only 40 to 50 percent utilized, even with the new addition of the Quick Drop-Internet Auction store. Consequently, the 8.333 spaces "shared use" requested by Arby's can be granted without impacting the centers remaining parking. Case Studies As a double check on the approval of a shared use parking variance for Arby's, case studies of actual parking demand at three existing Arby's restaurants were conducted. These three locations are in Aliso Viejo, Irvine and Long Beach. The results are presented in Table 3. Newport Camino Plaza (Rally's) 3 Austin-Foust Associates, Inc. Parking Study i045001rptdoc Table 3 ARBY'S PARKING CASE STUDIES Location Da Maximum Parked Cars Aliso Vie'o Monda 7-31-2006 20 Tuesda 8-1-2006 21 Wednesda 8-2-2006 13 Saturda 8-5-2006 20 Saturda 8-12-2006 22 Lon Beach Monda 7-31-2006 7 Tuesda 8-1-2006 7 Wednesda 8-2-2006 7 Saturda 8-5-2006 8 Saturda 8-12-2006 9 Irvine* Saturda 7-29-2006 20 Monda 7-31-2006 17 Tuesda 8-1-2006 17 Wednesda 8-2-2006 22 Saturda 8-5-2006 10 Saturda 8-12-2006 13 * Estimate 50 percent of cars parked in zone patronized Arby's Examination of Table 3 indicates the maximum parking for Arby's restaurants vary considerably from a low of seven cars up to a maximum of 22 cars. The City Code requires 19.3 spaces (for 58 seats) which appears to cover even the most successful of the Arby's restaurants. As a result, the case studies largely corroborate the validity of the City's Parking Code and indicate if anything, it is probably conservative. CONCLUSION In summary, it is concluded that sufficient surplus parking does exist at the Newport Camino Center to allow the Rally's restaurant to be converted to an Arby's restaurant (with 58 seats) and grant a variance of 8.333 parking spaces based on a shared use parking concept. In fact, the center will see virtually no change in the total parking between the Rally's and Arby's uses. Newport Camino Plaza (Rally's) 4 - Austvi-Foust Associates, Inc. Parking Study 1045001rpt.doc APPENDIX Newport Camino Plaza (Rally's) A-1 Austin-Foust Associates, Inc. Parking Study 1045001rptdoc .r •~:,. x ~ M ~ ~ ~ !!{~~! ~ ~1~~6~~ ~ ~~ ~~~~ ~ ~~ d ~ S (rI V ~ ~ ~4~~ l8 ~ti~~ ~ ~nl+ a gg L ~ ' 8!~ ~ g ~ ~ R ~ ~~~~o R ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ! ~ ~ ~t ~ ~ ¢ ~ ~ ~ ` g ~~~ ~~ ~~~~ €~R~R R~R ~~~RE~l;~ttE ~ i~~ ~ ~~~~~~~ R ~~ ~~~~ ~~ ~~~~ ~ ~ r~ a~ ~ tl i y ~< gg gg~ ggR I< gg ~~~ ~~.~~~~~,. ~gggg ~ggggff~8~~8~l~~t~~3~~E !~ 4l4~444!!!!!l~4884~l48ad! INQUO 000 000 000 ®o oo©oooo o~®®®®~~ ®®®®® ~ I i E ~ ~ `_ __~ _ ... _ _ _ = ---- _ -_ -..._ ._._.--- ---- - ---- - --_________ ____ ._ ._ 111 ~ 111 ~ ' E : I'~ ~-_ & r ~ L ~ ! ! ~ . ., ..; ; . I'rfl~~l~I~ l !...~ I~AI~I 1 ~I~1._.~..-- I I '~ j gg ^ . _. _ _. ' ~ ~ ' 1 ~--°- ~ ._ _._.~-..----- 'j ~ ( --T1 b I ~ ~ P J --..__ T ., _ h~~ I a ~q ~ E f ~ .u I D g j I 1..~ ~ ~ ,1~~ ~ QB i Fb~F~¢~pi•~ ~Qz~ I `~.8 ( ~ 1 ~ }• r '~ ~' yy Aa 7 i R j !q S ~~ ~ ~ ~ i ~~ 6 I } ~ ~ e •~K~ ~~ ~ Ee~ ~~ ~~~ ~~~~~~~ y1M IDL / 1W ~JUL--13-20@7 09 ~ 14 t'W B I VIED I CALS 949 859 5989 P. 03 ~~~~~~ pt~MPANIE6 ~uiy 10, zoos ~'o Whom It May Concern -- City of Tustln, Catifomia Re. Newport Camino Center - (VEC Newport Ave & Ef Camino Real 1.3942 & 13962 Newport Avenue /X011 El Camino Real Coreland Companies is the property manager for the referenced center, owned by Karl A. Bergstrom and Donny R. Bergstrom Trust and Sergstroms Children's Store, Inc. ("t_andlord`~. We have mana9ged the Center since Landlord acquired the center in 2004. In August,, 2006 a lease was executed for the last vacancy, an individual Operating an Internet auction facility (administration, packaging, etc) and the project has been 100% occupied since November, 2006. Sushi 5 Restaurant opened In approximately tune 2006 and there have been no issues with their use or parking. In fact, since these two tenants opened, we have received no complaints about anything related to their use or parking, Please feel free to contact me with any additional questions. f' s "'~ Thank you, d~ e J. Ho erg Coreland Co parries Vice President teasing/Sates LOCATION: CITY: Time Period Beginning TRAFFIC DATA SERVICES, INC. PARKING STUDY RALLY'S 13982 NEWPORT AVE TUSTIN ZONES 1 2 3 4 5 6 7 8 FILENAME: DATE: DAY: ZONES 9 10 11 07612P1A 7/31/06 MONDAY 12 TAL SPACES: 37 28 35 100 6:00 AM :30 AM 7:00 AM 0 0 5 5 :30 AM 0 2 6 8 8:00 AM 0 2 5 7 :30 AM 0 2 5 7 9:00 AM 1 5 5 11 :30 AM 10:00 AM :30 AM 11:00 AM 27 :30 AM 13 7 7 12:00 PM 8 9 7 24 :30 PM 11 12 10 33 1:00 PM 10 8 7 25 :30 PM 10 6 10 26 2:00 PM :30 PM 3:00 PM :30 PM 4:00 PM 28 :30 PM 3 17 8 23 5:00 PM 3 13 7 27 :30 PM 7 10 10 39 6:00 PM 7 22 10 35 :30 PM 9 14 12 40 7:00 PM 8 23 9 ;30 PM 8:00 PM :30 PM 9:00 PM :30 PM COMMENTS: A-2 TRAFFIC DATA SERVICES, INC. PARKING STUDY LOCATION: RALLY'S FILENAME: 07612P1B 13982 NEWPORT AVE DATE: 8/01/06 CITY: TUSTIN DAY: TUESDAY Time ZONES ZONES Period Beginning 1 2 3 4 5 6 7 8 9 10 11 12 TOTAL SPACES: 37 28 35 6:00 AM :30 AM 7:00 AM :30 AM 8:00 AM :30 AM 9:00 AM :30 AM 10:00 AM :30 AM 11:00 AM :30 AM 12:00 PM :30 PM 1:00 PM :30 PM 2:00 PM :30 PM 3:00 PM :30 PM 4:00 PM :30 PM 5:00 PM :30 PM 6:00 PM :30 PM 7:00 PM :30 PM 8:00 PM :30 PM 9:00 PM :30 PM 100 4 12 9 25 4 14 9 27 5 16 12 33 10 18 14 42 8 17 11 36 6 17 6 29 5 15 7 27 6 16 10 32 7 27 11 45 8 18 9 35 7 14 11 32 COMMENTS: A-3 TRAFFIC DATA SERVICES, INC. PARKING STUDY LOCATION: RALLY'S FILENAME: 07612P1C 13982 NEWPORT AVE DATE: 8/02/06 CITY: TUSTIN DAY: WEDNESDAY Time ZONES ZONES -Period Beginning 1 2 3 4 5 6 7 8 9 10 11 12 TOTAL SPACES: 37 28 35 6:00 AM :30 AM 7:00 AM :30 AM 8:00 AM :30 AM 9:00 AM :30 AM 10:00 AM :30 AM 11:00 AM :30 AM 12:00 PM :30 PM 1:00 PM :30 PM 2:00 PM :30 PM 3:00 PM :30 PM 4:00 PM :30 PM 5:00 PM :30 PM 6:00 PM :30 PM 7:00 PM :30 PM 8:00 PM :30 PM 9:00 PM :30 PM 100 21 9 6 6 25 11 8 6 31 14 10 7 26 14 5 7 ~ 15 9 10 22 9 5 8 31 12 9 10 32 13 11 8 29 13 6 10 32 16 6 10 41 17 8 16 COMMENTS: A-4 TRAFFIC DATA SERVICES, INC. PARKING STUDY LOCATION: RALLY'S FILENAME: 07612P1D 13982 NEWPORT AVE DATE: 8/05/06 CITY: TUSTIN DAY: SATURDAY Time ZONES ZONES Period Beginning 1 2 3 4 5 6 7 8 9 10 11 12 TOTAL SPACES: 37 28 35 100 6:00 AM :30 AM 7:00 AM :30 AM 8:00 AM :30 AM 9:00 AM :30 AM 10:00 AM :30 AM 11:00 AM :30 AM 11 13 10 34 12:00 PM 13 17 8 38 :30 PM 12 20 11 43 1:00 PM 17 16 11 44 :30 PM 18 17 10 45 2:00 PM :30 PM 3:00 PM :30 PM 4:00 PM :30 PM 6 20 12 38 5:00 PM 7 17 10 34 :30 PM 8 17 11 36 6:00 PM 9 14 15 38 :30 PM 13 17 14 44 7:00 PM 16 24 13 53 :30 PM 8:00 PM :30 PM 9:00 PM :30 PM COMMENTS: A-5 TRAFFIC DATA SERVICES, INC. PARKING STUDY LOCATION: RALLY'S FILENAME: 07612P1E 13982 NEWPORT AVE DATE: 8/12/06 CITY: TUSTIN DAY: SATURDAY Time ZONES ZONES Period Beginning 1 2 3 4 5 6 7 8 9 10 11 12 TOTAL SPACES: 37 28 35 100 6:00 AM :30 AM 7:00 AM 0 3 7 10 :30 AM 0 3 6 9 8:00 AM 1 3 7 11 :30 AM 1 3 7 11 9:00 AM 0 4 8 12 :30 AM 10:00 AM :30 AM 11:00 AM :30 AM 13 16 12 41 12:00 PM 18 23 11 52 :30 PM 13 21 12 46 1:00 PM 14 13 9 36 :30 PM 17 16 10 43 2:00 PM :30 PM 3:00 PM :30 PM 4:00 PM 37 :30 PM 8 21 8 5:00 PM 8 19 15 42 :30 PM 10 13 15 38 6:00 PM 11 10 16 37 :30 PM 12 14 12 38 7:00 PM 15 11 14 40 :30 PM 8:00 PM :30 PM 9:00 PM :30 PM COMMENTS: A-6 TRAFFIC DATA SERVICES, INC. DRIVE-THRU SURVEY LOCATION: RALLY'S 13982 NEWPORT AVE CITY: TUSTIN FILENAME: 07612DT1 DATE: 8/12/06 DAY: SATURDAY Time Period Beginning TOTAL 7:00 AM :15 AM :30 AM :45 AM 8:00 AM :15 AM :30 AM :45 AM 11:00 AM :15 AM :30 AM 6 6 :45 AM 5 5 12:00 PM 3 3 :15 PM 2 2 :30 PM 1 1 :45 PM 7 7 1:00 PM 2 2 :15 PM 3 3 4:00 PM :15 PM :30 PM 2 2 :45 PM 1 1 5:00 PM 0 0 :15 PM 2 2 :30 PM 1 1 :45 PM 0 0 6:00 PM 2 2 :15 PM 0 0 :30 PM 1 1 :45 PM 1 1 COMMENTS: A-7 TRAFFIC DATA SERVICES, INC. PARKING STUDY LOCATION: ARBY'S FILENAME: 07612P3A 27002 LA PAZ RD DATE: 7131 /06 CITY: ALISO VIEJO DAY: MONDAY Time ZONES ZONES Period 1 2 3 4 5 6 7 8 9 10 11 12 TOTAL Beginning SPACES: 6:00 AM :30 AM 7:00 AM :30 AM 8:00 AM :30 AM 9:00 AM :30 AM 10:00 AM :30 AM 11:00 AM :30 AM 12:00 PM :30 PM 1:00 PM :30 PM 2:00 PM :30 PM 3:00 PM :30 PM 4:00 PM :30 PM 5:00 PM :30 PM 6:00 PM :30 PM 7:00 PM :30 PM 8:00 PM :30 PM 9:00 PM :30 PM 27 2 2 3 3 5 11 10 17 20 12 7 7 4 5 5 6 27 2 2 3 3 5 11 10 17 20 12 7 7 4 5 5 6 COMMENTS: r; s A-8 TRAFFIC DATA SERVICES, INC. PARKING STUDY LOCATION: CITY: Time Period Beginning ARBY'S 27002 LA PAZ RD ALISO VIEJO ZONES 1 2 3 4 FILENAME: DATE: DAY: ZONES 5 6 7 8 9 10 11 07612P36 8/01106 TUESDAY 12 OTAL SPACES: 27 27 6:00 AM :30 AM 7:00 AM 0 0 :30 AM 2 2 8:00 AM 2 2 :30 AM 4 4 9:00 AM 5 5 :30 AM 10:00 AM :30 AM 11:00 AM :30 AM 11 11 12:00 PM 15 15 :30 PM 20 20 1:00 PM 21 21 :30 PM 17 17 ~°` 2:00 PM :30 PM 3:00 PM :30 PM 4:00 PM :30 PM 8 g 5:00 PM 12 12 :30 PM 15 15 6:00 PM 13 13 :30 PM 13 1g 7:00 PM 13 13 :30 PM 8:00 PM :30 PM 9:00 PM :30 PM COMMENTS: A-9 TRAFFIC DATA SERVICES, INC. . PARKING STUDY LOCATION: ARBY'S FILENAME: 07612P3C 27002 LA PAZ RD DATE: 8/02/06 CITY: ALISO VIEJO DAY: WEDNESDAY Time ZONES ZONES Period 1 2 3 4 5 6 7 8 9 10 11 12 TOTAL Beginning SPACES: 27 27 6:00 AM :30 AM 7:00 AM :30 AM 8:00 AM :30 AM 9:00 AM :30 AM 10:00 AM :30 AM 11:00 AM :30 AM 12:00 PM :30 PM 1:00 PM :30 PM 2:00 PM :30 PM 3:00 PM :30 PM 4:00 PM :30 PM 5:00 PM :30 PM 6:00 PM :30 PM 7:00 PM :30 PM 8:00 PM :30 PM 9:00 PM :30 PM COMMENTS: 1 3 3 4 5 11 9 13 12 9 11 9 8 7 10 8 1 3 3 4 5 11 9 13 12 9 11 9 8 7 10 8 A-10 TRAFFIC DATA SERVICES, INC. PARKING STUDY LOCATION: ARBY'S FILENAME: 07612P3D 27002 LA PAZ RD DATE: 8/05106 CITY: ALISO VIEJO DAY: SATURDAY Time ZONES ZONES Period Beginning 1 2 3 4 5 6 7 8 9 10 11 12 TOTAL SPACES: 27 27 6:00 AM :30 AM 7:00 AM :30 AM 8:00 AM :30 AM 9:00 AM :30 AM 10:00 AM :30 AM 11:00 AM :30 AM 12:00 PM :30 PM 1:00 PM :30 PM 2:00 PM :30 PM 3:00 PM :30 PM 4:00 PM :30 PM 5:00 PM :30 PM 6:00 PM :30 PM 7:00 PM :30 PM 8:00 PM :30 PM 9:00 PM :30 PM COMMENTS: 1 1 2 2 2 2 4 q 4 4 13 13 16 16 20 20 12 12 12 12 5 5 7 7 11 11 9 g 11 11 14 14 A-11 TRAFFIC DATA SERVICES, INC. PARKING STUDY LOCATION: ARBY'S FILENAME: 07612P3E 27002 LA PAZ RD DATE: 8/12/06 CITY: ALISO VIEJO DAY: SATURDAY Time ZONES ZONES Period 1 2 3 4 5 6 7 8 9 10 11 12 TOTAL Beginning SPACES: 27 27 6:00 AM :30 AM 7:00 AM :30 AM 8:00 AM :30 AM 9:00 AM :30 AM 10:00 AM :30 AM 11:00 AM :30 AM 12:00 PM :30 PM 1:00 PM :30 PM 2:00 PM :30 PM 3:00 PM :30 PM 4:00 PM :30 PM 5:00 PM :30 PM 6:00 PM :30 PM 7:00 PM :30 PM 8:00 PM :30 PM 9:00 PM :30 PM COMMENTS: 1 2 2 2 2 13 15 16 20 22 8 5 6 5 7 4 1 2 2 2 2 13 15 16 20 22 8 5 6 5 7 4 A-12 TRAFFIC DATA SERVICES, INC. DRIVE-THRU SURVEY LOCATION: ARBY'S FILENAME: 07612DT3 27002 LA PAZ RD DATE: 8/12/06 CITY: ALISO VIEJO DAY: SATURDAY Time Period Beginning TOTAL 7:00 AM 0 0 :15 AM 0 0 :30 AM 0 0 :45 AM 1 1 8:00 AM 0 0 :15 AM 1 1 :30 AM 0 0 :45 AM 0 0 11:00 AM :15 AM :30 AM 12 12 :45 AM 5 5 12:00 PM 11 11 :15 PM 7 7 :30 PM 8 g ~'" :45 PM 10 10 1:00 PM 9 g :15 PM 7 7 4:00 PM :15 PM :30 PM 3 3 :45 PM 3 3 5:00 PM 4 4 :15 PM 3 3 :30 PM 1 1 :45 PM 1 1 6:00 PM 2 2 :15 PM 1 1 :30 PM 2 2 :45 PM 4 4 COMMENTS: A-13 TRAFFIC DATA SERVICES, INC. PARKING STUDY LOCATION: ARBY'S FILENAME: 07612P4A 6560 E. SPRING ST DATE: 7/31/06 CITY: LONG BEACH DAY: MONDAY Time ZONES ZONES Period 1 2 3 4 5 6 7 8 9 10 11 12 TOTAL Beginning SPACES: 6:00 AM :30 AM 7:00 AM :30 AM 8:00 AM :30 AM 9:00 AM :30 AM 10:00 AM :30 AM 11:00 AM :30 AM 12:00 PM :30 PM 1:00 PM :30 PM 2:00 PM :30 PM 3:00 PM :30 PM 4:00 PM :30 PM 5:00 PM :30 PM 6:00 PM :30 PM 7:00 PM :30 PM 8:00 PM :30 PM 9:00 PM :30 PM 14 24 40 60 22 32 ~ 5 4 8 22 9 12 62 2 5 6 30 9 10 63 7 6 8 23 8 11 53 4 4 8 20 8 9 56 4 5 9 19 9 10 ~ 3 2 5 29 5 6 42 3 2 6 21 5 5 45 5 2 4 24 6 4 ~ 6 2 4 17 5 4 36 6 1 4 16 4 5 38 4 3 5 20 3 3 192 COMMENTS: A-14 TRAFFIC DATA SERVICES, INC. PARKING STUDY LOCATION: ARBY'S FILENAME: 07612P4B 6560 E. SPRING ST DATE: 8/01/06 CITY: LONG BEACH DAY: TUESDAY Time ZONES ZONES Period Beginning 1 2 3 4 5 6 7 8 9 10 11 12 TOTAL SPACES: 14 24 40 60 22 32 192 6:00 AM :30 AM 7:00 AM :30 AM 8:00 AM :30 AM 9:00 AM :30 AM 10:00 AM :30 AM 11:00 AM :30 AM 6 3 5 26 9 14 63 12:00 PM 7 3 6 28 8 13 65 :30 PM 6 4 8 26 8 15 67 1:00 PM 2 3 6 25 10 11 57 :30 PM 4 3 8 29 11 9 64 ~' 2:00 PM :30 PM 3:00 PM :30 PM 4:00 PM :30 PM 3 2 6 20 9 4 44 5:00 PM 4 1 6 24 6 6 47 :30 PM 7 3 10 24 5 6 55 6:00 PM 3 3 9 17 5 5 42 :30 PM 5 3 3 16 5 2 34 7:00 PM 3 3 4 28 4 3 45 :30 PM 8:00 PM :30 PM 9:00 PM :30 PM COMMENTS: A-15 TRAFFIC DATA SERVICES, INC. PARKING STUDY LOCATION: ARBY'S FILENAME: 07612P4C 6560 E. SPRING ST DATE: 8/02/06 CITY: LONG BEACH DAY: WEDNESDAY Time ZONES ZONES Period 1 2 3 4 5 6 7 8 9 10 11 12 TOTAL Beginning SPACES: 14 24 40 60 22 32 192 6:00 AM :30 AM 7:00 AM :30 AM 8:00 AM :30 AM 9:00 AM :30 AM 10:00 AM :30 AM 11:00 AM :30 AM 12:00 PM :30 PM 1:00 PM :30 PM 2:00 PM :30 PM 3:00 PM :30 PM 4:00 PM :30 PM 5:00 PM :30 PM 6:00 PM :30 PM 7:00 PM :30 PM 8:00 PM :30 PM 9:00 PM :30 PM COMMENTS: ~ 4 2 11 25 6 10 65 3 5 7 24 9 17 ~ 6 4 5 23 7 15 46 3 5 6 19 7 6 52 7 2 5 22 6 10 57 2 3 8 26 7 11 55 4 4 9 24 6 8 57 4 5 10 27 7 4 ~ 2 7 5 30 6 6 45 3 5 4 23 4 6 38 4 3 4 21 2 4 A-IS TRAFFIC DATA SERVICES, INC. PARKING STUDY LOCATION: ARBY'S FILENAME: 07612P4D 6560 E SPRING ST DATE: 8/05/06 CITY: LONG BEACH DAY: SATURDAY Time ZONES ZONES Period Beginning 1 2 3 4 5 6 7 8 9 10 11 12 TOTAL SPACES: 14 24 40 60 22 32 192 6:00 AM :30 AM 7:00 AM :30 AM 8:00 AM :30 AM 9:00 AM :30 AM 10:00 AM :30 AM 11:00 AM :30 AM 3 3 10 35 9 7 67 12:00 PM 3 2 12 44 9 9 79 :30 PM 8 3 12 41 9 10 83 1:00 PM 4 3 6 34 10 12 69 :30 PM 3 1 3 26 8 9 50 2:00 PM :30 PM 3:00 PM :30 PM 4:00 PM :30 PM 3 1 3 14 4 3 28 5:00 PM 3 1 1 11 4 3 23 :30 PM 2 1 1 24 4 4 36 6:00 PM 4 1 1 15 3 4 28 :30 PM 3 1 1 13 5 2 25 7:00 PM 2 2 0 15 4 1 24 :30 PM 8:00 PM :30 PM 9:00 PM :30 PM COMMENTS: A-17 TRAFFIC DATA SERVICES, INC. PARKING STUDY LOCATION: ARBY'S FILENAME: 07612P4E 6560 E SPRING ST DATE: 8/12/06 CITY: LONG BEACH DAY: SATURDAY Time ZONES ZONES Period Beginning 1 2 3 4 5 6 7 8 9 10 11 12 TOTAL SPACES: 6:00 AM :30 AM 7:00 AM :30 AM 8:00 AM :30 AM 9:00 AM :30 AM 10:00 AM :30 AM 11:00 AM :30 AM 12:00 PM :30 PM 1:00 PM :30 PM 2:00 PM :30 PM 3:00 PM :30 PM 4:00 PM :30 PM 5:00 PM :30 PM 6:00 PM :30 PM 7:00 PM :30 PM 8:00 PM :30 PM 9:00 PM :30 PM 14 24 40 60 22 32 61 4 4 5 28 8 12 65 6 3 5 35 9 7 67 3 4 3 37 13 7 ~ ~ 7 5 3 26 9 10 € 48 4 3 3 23 10 5 24 5 1 2 9 4 3 24 5 1 1 13 3 1 24 3 1 1 11 6 2 29 4 1 3 14 3 4 35 3 1 6 19 5 1 29 2 1 4 16 4 2 192 COMMENTS: A-18 TRAFFIC DATA SERVICES, INC. DRNE-THRU SURVEY LOCATION: ARBY'S FILENAME: 07612DT4 6560 E. SPRING ST DATE: 8/12/06 CITY: LONG BEACH DAY: SATURDAY Time Period Beginning TOTAL 7:00 AM :15 AM :30 AM :45 AM 8:00 AM :15 AM :30 AM :45 AM 11:00 AM :15 AM :30 AM 6 g :45 AM 4 4 12:00 PM 2 2 :15 PM 3 3 :30 PM 9 g :45 PM 5 5 1:00 PM 9 g :15 PM 8 g 4:00 PM :15 PM :30 PM 7 7 :45 PM 2 2 5:00 PM 3 g :15 PM 4 4 :30 PM 7 7 :45 PM 4 4 6:00 PM 3 3 :15 PM 5 5 :30 PM 2 2 :45 PM 4 4 COMMENTS: A-19 TRAFFIC DATA SERVICES, INC. PARKING STUDY LOCATION: ARBY'S FILENAME: 07612P2A 59 TECHNOLOGY DR DATE: 7/31/06 CITY: IRVINE DAY: MONDAY Time ZONES ZONES Period 1 2 3 4 5 6 7 8 9 10 11 12 TOTAL Beginning SPACES: 108 214 68 390 6:00 AM :30 AM 0 7;00 AM 0 0 0 4 :30 AM 1 2 1 6 8:00 AM 2 3 1 14 :30 AM 4 8 2 11 9;00 AM 3 6 2 :30 AM 10:00 AM :30 AM 11:00 AM 59 :30 AM 17 33 9 71 12:00 PM 20 40 11 118 :30 PM 33 66 19 102 1:00 PM 29 57 16 86 :30 PM 24 48 14 2:00 PM :30 PM 3:00 PM :30 PM 4:00 PM 45 :30 PM 13 25 7 37 5:00 PM 10 21 6 46 :30 PM 13 26 7 53 6:00 PM 15 30 8 37 :30 PM 10 21 6 36 7;00 pM 10 20 6 :30 PM 8:00 PM :30 PM 9:00 PM :30 PM COMMENTS: A-?0 • TRAFFIC DATA SERVICES, INC. PARKING STUDY LOCATION: ARBY'S FILENAME: 07612P2B 59 TECHNOLOGY DR DATE: 8/01/06 CITY: IRVINE DAY: TUESDAY Time ZONES ZONES Period Beginning 1 2 3 4 5 6 7 8 9 10 11 12 TOTAL SPACES: 6:00 AM :30 AM 7:00 AM :30 AM 8:00 AM :30 AM 9:00 AM :30 AM 10:00 AM :30 AM 11:00 AM :30 AM 12:00 PM :30 PM 1:00 PM :30 PM 2:00 PM :30 PM 3:00 PM :30 PM 4:00 PM :30 PM 5:00 PM :30 PM 6:00 PM :30 PM 7:00 PM :30 PM 8:00 PM :30 PM 9:00 PM :30 PM 108 214 68 2 4 1 7 3 7 2 12 2 3 1 g 5 11 3 19 5 11 3 19 8 46 2 56 25 49 4 78 34 78 7 119 33 69 10 112 31 81 9 121 2 37 1 40 1 43 3 47 2 46 4 52 7 34 1 42 5 26 1 32 3 29 2 34 390 COMMENTS: A-21 r u, , TRAFFIC DATA SERVICES, INC. PARKING STUDY LOCATION: ARBY'S FILENAME: 07612P2C 59 TECHNOLOGY DR DATE: 8/02/06 CITY: IRVINE DAY: WEDNESDAY Time ZONES ZONES Period Beginning 1 2 3 4 5 6 7 8 9 10 11 12 TOTAL SPACES: 6:00 AM :30 AM 7:00 AM :30 AM 8:00 AM :30 AM 9:00 AM :30 AM 10:00 AM :30 AM 11:00 AM :30 AM 12:00 PM :30 PM 1:00 PM :30 PM 2:00 PM :30 PM 3:00 PM :30 PM 4:00 PM :30 PM 5:00 PM :30 PM 6:00 PM :30 PM 7:00 PM :30 PM 8:00 PM :30 PM 9:00 PM :30 PM 108 214 68 1 1 0 0 7 1 5 1 13 2 9 2 13 2 10 1 12 3 6 3 60 12 44 4 70 24 41 5 133 45 79 9 142 37 92 13 ~~ 127 € 34 78 15 57 3 49 5 ~ 5 47 4 59 6 50 3 ~ 4 50 2 63 6 ~ 3 57 5 49 3 390 COMMENTS: A-22 ' 1 s TRAFFIC DATA SERVICES, INC. PARKING STUDY LOCATION: ARBY'S FILENAME: 07612P2E 59 TECH NOLOGY DR DATE: 8/05/06 CITY: IRVINE DAY: SATURDAY Time ZONES ZONES Period Beginning 1 2 3 4 5 6 7 8 9 10 11 12 TOTAL SPACES: 108 214 68 390 6:00 AM :30 AM 7:00 AM 0 0 0 0 :30 AM 0 0 0 p 8:00 AM 0 0 0 0 :30 AM 0 0 1 1 9:OOAM 0 0 0 p :30 AM 10:00 AM :30 AM 11:00 AM :30 AM 3 54 0 57 12:00 PM 8 68 1 77 :30 PM 20 62 1 83 1:00 PM 18 70 1 89 :30 PM 18 76 5 gg 2:00 PM :30 PM 3:00 PM :30 PM 4:00 PM :30 PM 6 67 0 73 5:00 PM 4 72 0 76 :30 PM 5 63 0 68 6:00 PM 7 65 0 72 :30 PM 5 49 0 54 7:00 PM 6 47 0 53 :30 PM 8:00 PM :30 PM 9:00 PM :30 PM COMMENTS: A-23 r C -~ T TRAFFIC DATA SERVICES, INC. PARKING STUDY LOCATION: ARBY'S FILENAME: 07612P2D 59 TECHNOLOGY DR DATE: 7/29/06 CITY: IRVINE DAY: SATURDAY Time ZONES ZONES Period 1 2 3 4 5 6 7 8 9 10 11 12 TOTAL Beginning SPACES: 108 214 68 390 6:00 AM :30 AM 0 7:00 AM 0 0 0 0 :30 AM 0 0 0 0 8:00 AM 0 0 0 0 :30 AM 0 0 0 0 9:00 AM 0 0 0 :30 AM 10:00 AM :30 AM 11:00 AM 53 :30 AM 15 30 8 76 12:00 PM 21 43 12 78 :30 PM 22 ~ 12 86 1:00 PM 24 48 14 107 ~~ :30 PM 30 60 17 2:00 PM :30 PM 3:00 PM :30 PM 4:00 PM 146 :30 PM 41 82 23 88 5:00 PM 25 49 14 71 :30 PM 20 40 11 53 6:00 PM 15 30 8 37 :30 PM 10 21 6 28 7:00 PM 8 16 4 :30 PM 8:00 PM :30 PM 9:00 PM :30 PM COMMENTS: Only 5 at Arby's A-24 r '" ~~ ~„ Q a H NMM~I~NM~ ~'- N N .- O l17 M atDQ o°~ Mt0 ~ S ~ ~ ~ c~ ~aQ o~~ ~ a o 0 ~ o u.i iu j- x w a Z Q Q ~ ~ ~ a w o 0 u. w a ~ ~ 000.-000 0000.--0 M N ~ ~ O u. 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That a proper application for Conditional Use Permit 07-007 and Design Review 07-007 were filed by Alfred Wong on behalf of .A&K Management LLC, requesting authorization to construct a 1,414 square foot addition to an existing drive-thru restaurant, eliminating one drive-thru lane, and joint parking at 13982 Newport Avenue. B. On June 13, 1994, the Planning Commission approved Conditional Use Permit 94-003 and Design Review 94-005 for establishment of a retail center with a pet store and adrive-thru restaurant and adopted Resolution No. 3279. The proposed expansion and site modification to the drive-thru restaurant is authorized under Conditional Use Permit 94-003 and the new Arby's will operate in accordance with the previous conditions of approval. C. The applicant requested a joint parking request for a reduction of 8 parking spaces in the required number of parking to accommodate 30 additional seats. Requests for shared parking for parking areas serving structures less than 30,000 square feet in area are considered by the Zoning Administrator (Tustin City Code 9271 aa). D. That the proposed expansion to the drive-thru restaurant and the joint use parking is permitted in the Commercial General zoning district with approval of a conditional use permit and design review, and within the Community Commercial land use designation of the City of Tustin General Plan which provides for a variety of commercial uses including restaurants. In addition, the project has been determined to be consistent with the Air Quality Sub- element. E. The architecture, colors, materials, and overall design of the proposed expansion are appropriate for the building and complementary to the commercial center. F. That the proposed 1,414 square foot expansion, site modification and joint use parking for the new Arby's will not be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin, in that: Zoning Administrator Action 07-005 CUP 07-007, DR 07-007 Page 2 a. A parking study in accordance with Tustin City Code Section 9271 as was prepared by a licensed traffic engineer and submitted that demonstrated no substantial conflict exists in the peak hours of parking demand for the uses for which the join#-use parking is proposed; b. The parking areas are located so that they adequately serve various uses within the center; and, c. An existing recorded reciprocal covenant allows for reciprocal access, and parking. between the two properties. G. In accordance with Tustin City Code (TCC) Section 9299(b)(4~c), the Zoning Administrator is authorized to review Design Review applications within Redevelopment Project Areas; H. That the location, size, architectural features, and general appearance of the proposed addition will not impair the orderly and harmonious development of the area, the present or future development therein, the occupancy thereof, or the community as a whole. In making such findings, the Zoning. Administrator has considered 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. Location, height, and standards of exterior illumination. 7. Landscaping, parking area design, and traffic circulation. 8. Location and method of refuse storage. 9. Proposed signing. 10. Physical relationship of proposed structures to existing structures in the neighborhood. 11. Appearance and design relationship of proposed structures to existing structures and possible future struc#ures in the neighborhood and public thoroughfares. 12. Development Guidelines and criteria as adopted by the City Council. The proposed project has been reviewed and determined #o be consistent with the City's General Plan, the Zoning Code, and the City's Guidelines for Outdoor Seating Areas. Zoning Administrator Action 07-005 CUP 07-007, DR 07-007 Page 3 J. That a public hearing was duly called, noticed and held on said application on October 22, 2007, by the Zoning Administrator. K. This project is Categorically Exempt pursuant to Section 15301 e, Class 1, Title 14, Chapter 3, of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. .The Zoning Administrator hereby approves Conditional Use Permit No. 07-007 and Design Review 07-007 authorizing the construction of a 1,414 square foot addition, site modifications and joint use parking for establishment of a new Arby's restaurant at 13982 Newport Avenue, subject to the conditions contained within Exhibit A, attached hereto. PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular meeting held on the 22nd day of October 2007. ELIZABETH A. BINSACK ZONING ADMINISTRATOR ELOISE HARRIS RECORDING SECRETARY STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ELOISE HARRIS, the undersigned, hereby certify that I am the Recording Secretary of the Zoning Administrator of the City of Tustin, California; that Zoning Administrator Action No. 07-005 passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 22nd day of October, 2007. ELOISE HARRIS RECORDING SECRETARY t EXHIBIT A ZONING ADMINISTRATOR ACTION 07-005 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped October 22, 2007, on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development Department in accordance with this Exhibit. (1) 1.2 This approval shall become null and void unless a building permit is submitted for the subject addition within twelve (12) months of the date of this Exhibit. Time extensions may be granted if a written request is received by the Community Development Department wi#hin thirty (30) days prior to expiration. (1) 1.3 All conditions in this Exhibit shall be complied with prior to the issuance of any building permits for this project or as specified, subject to review and approval of plans by the Community Development Department. (1) 1.4 Approval of Conditional Use Permit 07-007, and Design Review 07-007 is contingent upon the applicant and property owner signing and returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the property owner signing and recording with the County Clerk-Recorder a notarized "Notice of Discretionary Permit Approval and Conditions of Approval" form. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Departmen#. (1) 1.5 As a condition of approval of Conditional Use Permit 07-007 and Design Review 07-007, the applicant shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, i#s officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third party against the City, its officers, agen#s, 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 suc#~ action under this condition. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY (2) CEQA MITIGATION REQUIREMENTS (3) UNIFORM BUILDING CODES (6) LANDSCAPING GUIDELINES (4) DESIGN REVIEW (7) PC/CC POLICY '"`" EXCEPTIONS Zoning Administrator Action 07-005 Exhibit A CUP 07-007, DR 07-007 Page 2 (7) 1.6 A detailed landscape and irrigation plan for the new landscape areas shall be included in the construction drawings and submitted for review and approval prior to issuance of a building permit. (1) 1.7 All signage shall meet the requirements of City of Tustin Section 9400 (i.e., one primary and two secondary signs), including location of wall signs that are limited to one sign per street or parking frontage. All signs are subject to separate review and permit. (7) 1.8 Any damaged landscaping as a result of construction shall be completely replaced to meet the City standards. Areas that would require new landscaping need to be landscaped according to the City's Landscape and Irrigation Guidelines. (1) 1.9 Alighting and photometric plan showing the existing and proposed lighting shall be submitted with the construction drawings prior to issuance of a building permit. The parking area and path of travel need to meet the City's .Security Code standard of a minimum one footcandle. PUBLIC WORKS DEPARTMENT (1) 2.1 Existing sewer, domestic water and storm drain service laterals shall be utilized whenever possible. (1) 2.2 Any damage done to existing street improvements and utilities shall be repaired before issuance of a Certificate of Occupancy for the project. (1) 2.3 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) 2.4 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 the City's 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) 2.5 Prior to issuance of a demolition, precise/rough grading, and/or building permit with valuation of $50,000 or greater, the applicant shall submit Construction & Demolition (C&D) debris collection, disposal, and diversion information on the City-prescribed forms for approval by the City of Tustin. At least 50 percent of the construction debris shall be diverted from the f< landfill to a recycling plant. A security deposit in the amount of $50 per ton (not to exceed $5,000 per project) for a C&D security deposit will Zoning Administrator Action 07-005 Exhibit A CUP 07-007, DR 07-007 Page 3 be collected prior to issuance of the permit. Prior #o final inspection, the applicant shall submit to the City of Tustin documents (i.e. receipt from vendor) showing actual weight or volume of each material of C&D diverted to the recycling center (City Ordinance 1281). (1) 2.6 If the project exceeds three thousand (3,000) square foot of site work, the developer shall submit grading plans for review and approval. Six (6) sets of final grading plans consistent with the site and landscaping plans as prepared by a registered civil engineer may be required. If grading plans are required, the submittal package shall include the following: • Technical details and plans for all utility installations including telephone, gas, water, and electricity. • Three (3) copies of a recent soil report provided by a civil engineer (less than one (1) year old). Expanded information regarding the levels of hydrocarbons and ground water contamination found on- site shall be provided in the soil report. All pavement "R" values shall be in accordance with applicable City of Tustin standards. • All site drainage shall be handled on-site and shall not be permitted to drain onto adjacent properties. • Drainage, vegetation, circulation, street sec#ions, curbs, gutters, sidewalks, and storm drains shall comply with the on-site Private Improvement Standards. • Two (2) copies of Hydrology & I-iydraulic Report. • A surety/cash bond will be required to assure work is completed in accordance with approved plans prior to permit issuance. The engineer's estimated cost of the grading, drainage, and erosion control shall be submitted to the Building Official for determination of the bond amount. (1) 2.7 Provide technical details and plans for all utility installations including telephone, gas, water, and electricity. (1) 2.8 Provide three (3) copies of a recent soils report provided by a civil engineer (less than one (1) year old). Expanded information regarding the levels of hydrocarbons and ground water contamination found on-site shad be provided in the soil report. All pavement "R" values shall be in accordance with applicable City of Tus#in standards. (1) 2.9 All site drainage shall be handled on-site and shall not be permitted to drain onto adjacent properties. Zoning Administrator Action 07-005 Exhibit A CUP 07-007, DR 07-007, Page 4 (1) 2.10 Drainage, vegetation, sidewalks, and storm Improvement Standards. circulation, street sections, curbs, gutters, drains shall comply with the on-site Private (1) 2.11 Provide two (2) copies of Hydrology & Hydraulic Report for the project. (1) 2.12 A surety/cash bond will be required to assure work is completed in accordance with approved plans prior to permit issuance. The engineer's estimated cost of the grading, drainage, and erosion control shall be submitted to the Building Official for determination of the bond amount. (1) 2.13 Commercial Recycling: ii. The Applicant, Property Owner and/or tenant (s) are required to participate in the City's recycling program. iii. Prior to approval of the site plan, a solid waste recycling plan identifying planned source separation and recycling programs shall be submitted and approved by the City of Tustin Public Works Department. (1) 2.14 This developmentll{ h Ord Hance and all Fedleralbl StatevandnRegional Water Tustin Water Qua y Quality Control Board rules and regulations. ORANGE COUNTY FIRE AUTHORITY (c) 3.1 Prior to the issuance of any building permits, the applicant shall obtain approval of the Fire Chief for all fire protection access roads to within 150 feet of all portions of the exterior of the structure. The applicant may contact the OCFA at (714) 573-6100 or visit the OCFA website to ob#ain a copy of the "Guidelines for Emergency Access." (c) 3.2 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. BUILDING DIVISION (1) 4.1 At the time of building permit application, the plans shall comply with the 2001 Califomia Building Code (CBC), 2001 Calirfomia Mechanical Code (CMC), 2001 Califomia Plumbing Codes (CPC), 2004 Califomia Electrical Code (CEC), Califomia Title 24 Accessibility Regulations, 2005 Title 24 Energy Regulations, City Ordinances, and State and Federal laws and regulations 2005 Edition. Zoning Administrator Action 07-005 Exhibit A CUP 07-007, DR 07-007 Page 5 (1) 4.2 Building plan check submittal shall include the following: • Seven (7) sets of construction plans, including drawings for mechanical, plumbing, and electrical. • Two (2) copies of structural calculations. • Two (2) copies of Title 24 energy calculations. • 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 direr#ed at a 90-degree angle directly toward the ground. All lighting sfiall 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) foo#-candle of light, and lighting shall not produce light, glare, or have a negative impact on adjacent properties." • Cross-section details showing the installation of the {proposed rooftop equipment. Rooftop equipment shall be ins#alled and maintained so -- as not to be visible from the public righ#-of--way. An eleva#ion showing that rooftop equipment is ins#alled below the height of the parapet is required. • Note on plans that no field changes shall be made without prior approval from the Building Official and arch~ect or engineer of record. (1) 4.3 Engineer of record shall submit a final compaction report to the Building Division for review and approval prior to the issuance of a building permit. (1) 4.4 Engineer of record shall submit a pad cer#ifica#ion to the Building Division for review and approval prior to the issuance of a building permit. (1) 4.5 A surety/cash bond will be required to assure work is completed in accordance with approved plans prior to permit issuance. The engineer's estimated cost of the grading, drainage, and erosion control shall be submitted to the Building Official for determination of the bond amount. (1) 4.6 Pursuant to the City of Tustin's Security Ordinance and the Uniform Fire Code, street numbers shall be displayed in a prominent location on the street side of the building. The numerals shall be no less than six {S) inches in height and shall be of contrasting color #o the background to which they are attached and illuminated during hours of darkness. Zoning Administrator Action 07-005 Exhibit A CUP 07-007, DR 07-007 Page 6 (1) 4.7 No outdoor storage shall be permitted except as approved by the Tustin Community Development Director. USE RESTRICTIONS (5) 5.1 The total number of interior seats shall not exceed 42 seats and the outdoor seats shall not exceed 16 seats for a total of 58 seats, unless the property owner demonstrates, through the submittal of a parking and land use summary, or as otherwise authorized by current provisions of the Tustin City Code, that an adequate number of on-site parking spaces are available to accommodate additional seating for the restaurant. (5) 5.2 The restaurant shall operate between the hours of 10:00 a.m. to 10:00 p.m. on daily basis. (5) 5.3 The restaurant shall operate within all applicable State, County, and Tustin City Code provisions, including the City of Tustin Noise Ordinance. (2) 5.4 All litter shall be re ubled s'dewahk areas and parkingnareas,pnomless including adjacent p frequently than once each day that the business is open. (7) 5.5 The applicant shall provide trash receptacles in the outdoor dining area and parking lot, and the dining areas and parking lot shall be cleaned on a continual, daily basis for removal of litter and food items. (1) 5.6 The proposed outdoor seating area shall be designed and constructed consistent with the submitted plans. The patio furniture shall be of quality material and in colors complementary to the main building and the center as a whole. (*) 5.7 The main and secondary entrance to the restaurant shall be enhance with decorative concrete finish or pavers subject to final approval of the Community Development Department. (7) 5.8 The outdoor seating area so~ala b odwefiof dpotted plants SCPlansn for~the permanent landscaping improvements shall be li b I the Commun ty Development Department The subject to final approva y planting shall be kept in a healthy and vigorous condition at all times. POLICE (1) 6.1 The ownerfmanager shall provide the Police Department communication center supervisor with the appropriate emergency contact numbers for Zoning Administrator Action 07-005 Exhibit A CUP 07-007, DR 07-007 Page 7 business and non-business hours. That information can be e-mailed to lulrich(cr~.tustinca.org. FEES (1) 7.1 The following additional fees would apply to the project. Prior to the issuance of any building permits, payment shall be made for all applicable fees, including but not limited to, those listed below. 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. b. Orange County Fire Authority plan check and inspection fees #o tfie Community Development Department based upon the most current schedule. c. Private improvement plan check and permit fees to the Community Development Department based upon the most curt-ent schedule. d. Prior to issuance of the building permit, the developer shall provide ~` ._ written approval from the Orange County Sanitation District No. 7 for Sewer Connection Fees. e. New development tax to the Community Development Department based upon the most current schedule. f. 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 constn.iction or improvements to the Community Development Department. g. School facilities fee to Tustin Unified School District based upon the most current schedule. Proof of paymen# shall be provided to the Community Development Department prior to issuance of building permits. h. Payment of the Major Thoroughfare and Bridge Fees in effect at the time of issuance of a building permit to the Tustin Public Works Department. (1)(5) 7.2 Within forty-eight {48) hours of approval of the subject project, the applicant shalt deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of fifty dollars {$50.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period Zoning Administrator Action 07-005 Exhibit A CUP 07-007, DR 07-007 Page 8 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.