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HomeMy WebLinkAbout04 DR 08-001 AmendmentITEM #4 Report to the Planning Commission DATE: SUBJECT: OCTOBER 28, 200$ TUSTIN DESIGN REVEW 08-001 (CONDITION AMENDMENT) APPLICANT: MR. MARK RABER TARLOS AND ASSOCIATES 17802 MITCHELL NORTH IRVINE, CA 92780 PROPERTY OWNER: THE GELLER TRUST (C10 ANDY GELLER) 3297 WOODBIND STREET LOS ANGELES, CA 90084 LOCATION: 1022 EAST FIRST STREET GENERAL PLAN: COMMUNITY COMMERCIAL ZONING: RETAIL COMMERCIAL ZONING DISTRICT (C-1) ENVIRONMENTAL STATUS: CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DOES NOT APPLY TO PROJECTS WHICH A PUBLIC AGENCY REJECTS OR DISAPPROVES PURSUANT TO SECTION 15270 OF THE CEQA GUIDELINES REQUEST: A REQUEST TO WAIVE CITY ELECTRICAL CODE SECTION 8402(A) AND MODIFICATION OF CONDITION 3.14(a) OF DESIGN REVIEW 08-001, WHICH REQUIRES THAT ALL UTILITY LINES MUST BE UNDERGROUND IN ASSOCIATION WITH THE RECONSTRUCTION OF A NEW 1,811 SQUARE FOOT RESTAURANT. Underground Utility Waiver October 28, 2008 Page 2 RECOMMENDATION That the Planning Commission adopt Resolution No. 4102 denying a waiver request of Tustin Gity Code (TCC) 8402(a) and Condition 3.14(a) of Design Review 08-001 which requires that all utilities for a new building must be placed underground. BACKGROUND Location /Site Description The project site is located near the southeast corner of Newport Avenue and East First Street and is also located within the Town Center Redevelopment Project Area (Attachment A- Location Map). The surrounding land uses are as follows: 1) Chipotle Restaurant (situated west of the site), 2) Albertson's grocery store (situated north of the site), 3) Liquor Store (situated east of the site), and 4) office buildings (situated south of the site). Below is an aerial map of the site and surrounding area. Request to Waive Condition of Approval The subject property is currently developed with a 1,804 square foot Kentucky Fried Chicken restaurant (KFC). On June 11, 2008, the Community Development Department approved Design Review D8-001, authorizing the demolition of the existing restaurant and construction of a new 1,811 square foot KFC restaurant. After project approval, the applicant requested clarification of Condition 3.14(a), which states that all existing aboveground utility lines must be placed underground. Underground Utility Waiver October 28, 2008 Page 3 In accordance with the City's Electrical Code, Tustin City Code Section 5402(a), all new construction requires the undergrounding of utility lines, which includes undergrounding the existing utility pole and all service lines that provide direct services to the property (Attachment F). Currently, a six (6) foot wide aerial and underground utility easement extends across the rear of the properties located along First Street between Newport Avenue and Redhill Avenue where electrical poles and utility lines serving the properties are located (Attachment G). On the KFC site is an existing electrical pole with athree- phase transformer. This pole contains utility lines that serve the KFC site, the existing Chipotle restaurant property, and the office buildings located south of the property. This pole also provides utility connection to the pole at the liquor store east of the subject property. Provided below are photos of the electrical poles and connecting lines. KFC Pole KFC Pole Chipotle Pole LigL~or Medical Store Office Pn1P Utility Existing KFC Electrical Pole C to Liquor Store Electrical Pole Existing Chipotle Electrical Pole Connecting to KFC Pole. Underground Utility Waiver October 28, 2008 Page 4 Following City Approval of Design Review 08-001 and during the plan check process, the applicant indicated that it would be very difficult to underground utilities within the KFC property since Chipotle's electrical pole is also connected to KFC's electrical pole, and the KFC pole cannot be removed without undergrounding the lines to the Chipotle restaurant. In addition, a nearby medical office's utility lines are also connected to the KFC pole. The medical office utility line would also need to be underground if the pole were removed. KFC questioned why the newly constructed Chipotle restaurant did not underground their utility pole. Upon staff's research and discussion with Southern California Edison (SCE), SCE has indicated that the pole was installed without City approval two years ago when the Chipotle restaurant was constructed. SCE noted that the City did "sign off" on the service. It should be noted that the City conducted a final inspection of the site and building. The pole that exists in the Chipotle site today was not on the approved plans and is inconsistent with the condition of approval. On October 9, 2008, the Community Development Department notified Chipotle in writing that the aboveground electrical pole was installed without City approval and was inconsistent with the approved plans (Attachment C). Utility connections to the previous use (Walgreens Pharmacy) had been underground. Chipotle has been directed to underground the existing pole by October 29, 2008. DISCUSSION Electrical Code Section 8402 and Applicant's Request The City's Electrical Code 8402(a) requires that whenever any property in any zone is developed with new construction, all electrical, telephone, community antenna, television and similar service wires or cables which provide direct service to the property being developed, shall, within the exterior boundary lines of such property, be installed underground. The intent of this code requirement is to eliminate existing and future aboveground utilities. The full content of the Tustin City Code provision related to underground utilities is attached (Attachment F). Section 8402 (d) specifies that where practical difficulties or unnecessary hardships inconsistent with the provisions of this chapter result from its literal interpretation or enforcement, the property owner may submit to the Planning Commission a written request for modification or waiver to this requirement and provide all facts in support of the request. The Planning Commission may then take the following actions: 1) Waive the requirement to underground utilities. 2) Delay the undergrounding of utilities (e.g. install within a specified timeframe). 3) Modify the requirement to underground utilities. 4) Delay installation of underground utilities by requiring the building site owner to file with the City a cash deposit, and/or record a covenant sufficient to provide for the future installation of the underground features which are to be delayed. The amount of cash deposit shall be determined by the Building Official. Underground Utility Waiver October 28, 2008 Page 5 The applicant is requesting that the Planning Commission waive the requirement as provided in 8402(a) and Condition 3.14(a) of Design Review 08-001 due to practical difficulties. Attachment B is a letter of justification provided by the applicant stating the challenges associated with the need to underground the utility pole. The applicant is proposing to leave all existing utility poles and to underground only the utility lines that run from the pole to the new KFC building. Staff Recommendation Based upon the analysis of the request for a waiver, staff recommends denial for the following reasons: Section 8402(a) of the City's Electrical Code requires that all utilities be placed underground. Waiver of this requirement would be inconsistent with the intent of Section 8402 that undergrounding of aboveground utilities enhances the visual appearance of the neighborhood. • Section 8402(a) requires that all developers proposing new construction or commercial additions in excess of 200 square feet of floor area underground all utilities. The applicant is subject to the requirements of this code section because the project involves the construction of a new 1,811 square foot restaurant. " • Other developers/property owners which are subject to this requirement are required to underground all the utilities on-site, including the neighboring Chipotle restaurant. • Since undergrounding is only required to occur when a new building is constructed, waiving the requirement for underground utilities would allow the existing utility line and infrastructure to remain for the life of the new KFC building, resulting in long-term visual impacts to the neighborhood. • A waiver if granted may establish a precedent for future development projects that would be inconsistent with the requirements of the City's Electrical Code Section 8402(a) and impair the aesthetic quality of current and future development projects. • The letter of justification provided by the applicant stating the challenges associated with the need to underground the utility pole should not be considered as a hardship. Every site provides unique challenges and several options are available as presented by SCE to the applicant. • A utility easement exists on the property and adjacent property to allow the undergrounding of all electrical service. Underground Utility Waiver October 28, 2008 Page 6 The applicant has not provided evidence that the required undergrounding of all utilities constitutes a hardship. No cost information has been provided that would indicate the undergrounding of utilities is infeasible. Staff recommends that the Planning Commission adopt Resolution No. 4102 denying the waiver requested under Section $402(a) of the City's Electrical Code and an amendment to Condition 3.14(a) of Design Review 08-001. rtn, ~,! Alic ieu Elizabeth A. Binsack ~°" Associate Planner Community Development Director Attachments: A. Location Map B. Letter of Justification by the Applicant C. Letter to Chipotle Dated October 9, 2008 D. Design Review 08-001 Approval Letter E. Resolution No. 4102 F. Tustin City Code Section 8402 G. Schedule B of KFC Title Report and Easement Instrument S:U,7Utl1PCREPORT12008~Finai DR fi&012 Amen<imenl to DR 06007.doo ATTACHMENT A LOCATION MAP 1022 East First Street u~ ~ vY. ~ r .rt {~ ~ ~l- ~ :1 'A ~ .~ ~ - .:.I•~'J`~r.p 3J .? ), 1'¢'lOyl ,,''V'.1! ~.,y ~ s in 1, i.1r1 1ev 'a '~i4..ak, •I w »x11 ao or,~4,.fi~ _ I.I ~~ Y1 y F.4 .1V .1.~. FI ~ I~ ' :Si, ~ ., ,S3 py dy .qJ1. _ ~ yyt 4! r~ v ti~ ,', i Sf.IJ I i ~IYI ~ i ` „ ~. 1'X:2 i ~' 7. a>f .,, ~ ... ~ '4 ~' ~ \ Sd~J Rc'iC.~IUS ~M1s2' a .fi '',~ \\,: ,^Y ;,1 1 0 V~ "M. ~4 ^,!S X1.14= 5.L •~ ., +,Iy~, w I' a 4;h (+~~~~ ail Ia .., ., ~ ~,1 ;.~4 " I ~ ~u; = ~ r *•.IDC.I,flL .par ,{.~ `'''y '~ •. ~• l ~ .y ~\ , ~ ,~y .~, .1 i 0~ ~ ~ ., `^ I~I' IUSIIN VILLh::t A ~_~ ,J .. .J \ ICIJasl ~sr,ee,fbNrrNif \" ~~~IEf IV L4, J3~1:1 J 13111 ~O~R `~\, y ., !~ {C. ATTACHMENT B LETTER OF JUSTIFICATION BY APPLICANT TARLOS ARCHITECTS ~ ENGINEERS ~ ASSOCIATES AIA, AAA www.tarlos.com 17802 MITCHELL NORTFI, IRVINE, CA 926'14 ^ TEL: [949) 250-4117 D FAX f949) 250-1676 ^ E-mail: jtarlos~tarlDS.com October 6, 2008 Alice Tieu City of Tustin 300 Centennial Way Tustin, CA 92780 (714) 573-3357 RE: Amendment to Condition of Approval for Design Review 08-001 -Kentucky Fried Chicken at 1022 E. First St, Tustin, CA 92780, Dear Alice Tieu, On behalf of our client, Kentucky Fried Chicken (KFC), Tarlos and Associates respectfully submits this request to amend the Conditions of Approval far DR 08-001. We seek Planning Commission approval of the following: To waive DR 08-001 Condition (4) 3.14 requiring existing above ground utility lines to be underground due to practical difficulties and unnecessary hardships allowed in City Electrical Code section 8402 (d). On June 11, 2008 the Community Development Department approved our Design Review Application subject to the conditions as stated in Findings and Conditions of Approval Design Review 08-001. All these conditions can be met with the exception of Design Review Condition (4) 3,14 requiring that all existing above ground utility lines must be placed underground and all pipes, vents, mechanical and equipment to be completely screened from public view. Upon request of Taco Bell, we asked for clarification by on this condition as it is our understanding that such a condition relates to the direct service line that begins from the pole mounted transformer that is to be undergrounded via a dip riser along the pole down to the top of grade, then run underground to the new KFC. In response to our request, staff indicated that under the City's Electrical Code 8402 (a) the condition requires that KFC to underground all its service from property line to property which includes removal of the pole and the transformer and that the service lines are to be undergrounded. We then pointed out that the adjacent Chipotle Restaurant that was recently constructed and it is served by an above-ground pole mounted service in which section 8402 should have been enforced but was not. When we asked for an explanation staff indicated that further investigation would needed as to why this pole was allowed to remain. Unfortunately, further meetings with Tarlos and Associates and Southern California Edison (SCE), has not yet produced a definitive explanation as to why the pole was allowed to remain. Since requiring the complete undergrounding of these services poses many practical difficulties to KFC, we then contacted SCE for an assessment this requirement. On S/5/08, SCE responded via an a-mail to staff outlining what would be involved in order to satisfy this condition. REGISTRATIONS IN ALABAMA, ARIZONA, ARKANSAS, CALIFORNIA, COLORADO. CONNECTICLIi', DELAWARE, DISTRICT OF COLUMBIA, FLORIDA, GEORGIA, HAWAII IDAHO, ILLINOIS, INDIANA, IOWA, KANSAS, KENTUCI<Y, LOUISIANA, MAINE, MARYLAND, MASSACFIUSETTS, MICHIGAN. MINNESOTA, MISSISSIPPI, MISSOURI MONTANA, NEBHASICA, NEVADA, NEW HAMPSHIRE, NEW JERSEY, NEW MEXICO, NEW YORK, NORTH CAROLINA. NORTI-I DAKOTA, OHIO, OKLAHOMA, OREGON PENNSYLVANIA, RHODE ISLAND, 5OUTFI CAROLINA, SOUTH DAKOTA, TENNESSEE, TEXAS, UTAH, VIP,GINIA, WASHINGTON, WEST VIRGINIA, WISCONSIN, WYOMING P:/IEMBER OF THE AMERICAN INSTITUTE OF ARCI-IITECTS AMERICAN REGISTERED ARCHITECTS According to SCE, the scope would require the removal of the existing electrical pole # 1677513E on the KFC property (see Exhibit A). This pole currently has a 120/240 volt, 3 phase transformer bank that serves KFC, and a medical office building to the south (1076 E. First St.). The medical office requires 3 phase service to run some of its equipment, SCE has indicated that taking down this pole and subsequently the 120/240 volt, 3 phase transformer bank would leave the medical office without a source for 3 phase power, as the rest of the office building is served from a single phase transformer on pole #1581576E (see Exhibit B), the next pole east -the site of the liquor store. Also affected by the removal of pole on KFC's lot is pole #4686417E which carries a 120/208 volt 3 phase transformer bank serving the new Chipotle restaurant on the corner of Newport Avenue and 1st Street (see Exhibif C). SCE confirmed that the pole now servicing Chipotle was installed less than two years ago, and at the time of final inspection, no question of undergrounding as opposed to the new overhead facilities was raised at that time. If SCE removes pole on the KFC property, the primary (92,000 volt) overhead lines which run to the Chipotle will have to be taken down as well. SCE cannot have an unsupported span of overhead conductor for that distance of over 150' (from the pole on the liquor store to the Chipotle. This would leave SCE with no primary conductor to feed the transformer bank on pole on the Chipotle site. That would require a pad mounted transformer be installed to serve Chipotle and the new KFC, but would still leave the doctors office without a source for 3 phase power as Chipotle and the new KFC will both be utilizing 120/208 volt, 3 phase power, and the doctor's office requires 120/240 service. To install the pad mounted transformer to serve the new KFC and the existing Chipotle restaurant, it would require a 19'x12' of space at the southwest corner of the site, taking a parking space away from KFC. Also, of consideration, is the issue of intercepting Chipotle's existing service duct once a new pad mounted transformer is installed. The relatively fresh hardscape and landscape would have to be cut into, and possibly even a portion of their trash enclosure undermined. All of this would not only be at considerable cost to KFC, but also to SCE. To date there it is not known if Chipotle would agree to this. From a fiscal standpoint, KFC and SCE will have to take into account the manpower, equipment, and material costs that went into building a system to serve Chipotle when they opened for business last year. As a result, more manpower, equipment and material costs will be incurred to undo all that work and rebuild the system to serve everyone affected by this ordinance. Still of primary concern to SCE, is how they would serve the medical office to the south of the KFC site. In order to do this SCE would have to install a second pad mounted transformer resulting in KFC having to give up an additional parking lot space. SCE also indicated that an underground service duct would still have to be installed to their panel and that the existing panel may have to be replaced altogether if it cannot accommodate underground entry. Their panel is currently located in a breezeway accessible only from the other side of the building. Running a new service in underground duct is most likely not actually possible at the current location of their panel as the service duct cannot run underneath a structure. If their panel has to be relocated, the wiring to that panel would have to be redirected, again, at considerable cost to KFC and Edison, as this type of work would lead to extensive time without service for the medical office. The design option that would be most favorable to Edison is to leave all overhead poles as they are, and to simply upgrade the transformer bank on the pole that currently serves Chipotle. This would allow SCE to continue to reliably serve the medical office next door. We would then require that ahand-hole be installed at the base of the pole and both Chipotle and KFC's services would extend out from that hand-hole. KFC would trench from that new hand-hale, around the Chipotle trash enclosure to their panel location on their new structure. We agree with SCE findings and feel that their option is the only viable option. We also feel that this option can still satisfy the meaning of section 8402. Section 8402 requires that all service wires or cables that provide "direct" service to the property being developed shall within the exterior boundary lines be installed underground. SCE categorizes service in primary and secondary services. Primary are those lines running from pole to pole with secondary service running from transformer to building. SCE considers their secondary service as direct service as the transformer serves more than one tenant and therefore, the line running from the transformer to the building is the direct service. Under SCE's design option, this direct service line would be screened within the dip pole then run underground. While not removing the pole, this option would still provide a look that is neat and clean as it removes overhead lines currently running from pole the existing KFC. In addition to the fiscal issues there will be time and implementation issues involving design, easement agreements and scheduling of such improvements are impractical. As of date, SCE will not draft a design nor provide a comprehensive cost estimate until some decision is made by the Planning Commission. Even with the Commission upholding staff's determination, Chipotle may still not agree or cooperate with SCE in the removal of their pole or any interruption of their service: Final design and agreements may not be available for months thus seriously jeopardizing the future of this project as we are very close to obtaining all approvals for permitting of this project. Granting our request will not be detrimental in any way to the character, design, image, and architectural appeal of in that area of the City. More importantly, this project will not have overhead lines that run from the pole to the building and feature such on-site improvements that never existed before such as comprehensive landscaping and removal of the existing bucket sign. Granting such a request would not provide a special privilege to KFC that is not shared by other developments as the Chipotle restaurant already has an overhead service. Much time has been spent on meetings and discussion between the City, SGE, and Tarlos and Associates. Furthermore, much consideration has been given to this requirement to determine if a complete underground of the KFC service is feasible. The proposed KFC will bring a desired community service, which would result in an underutilized area of the City, if left as is. The new KFC will be complimentary to the surrounding business and to allow the pole to remain would not unreasonably diminish or impair the public health, safety, comfort, morals or welfare of the residents in that area of Tustin. Please feel free to contact me at (949) 250-4117 should you have any questions. Thank you in advance for your consideration. Sin erel , Mark Raber Project Representative Tarlos and Associates ~r E~~ btu A " ~ P ifluii m~i~i r ~.i~nnn~~~•~{~~~ ii ~~ t A. •~ f°i~r u~l h o r, ~p4~i.1~ ihv ~ Inc ~~ ~_yj ~1'~`, l~4i .I1i~, ,,,~I;,~~r~Yl iiir~~Li 'luliiti~,1~ __:~~ ~ ~'x~+~~~~ gn it ~w~btf C ~ !°' _. ATTACHMENT C LETTER TO CHIPOTLE DATED OCTOBER 9, 200$ Community Development Department October 9, 2008 Jeff Drew Chipotle Mexican Grill 1543 Wazee Street Denver, CO 80202 rUS-n ~r SUBJECT: CHIPDTLE RESTAURANT LOCATED AT 13348 NEWPORT AVENUE, TUSTIN, CA 92780 - UNAUTHORIZEDABOVEGROUND ELECTRICAL POLE Dear Mr. Drew: Recently it has come to the City's attention that an aboveground electrical pole was installed on the subject property without the benefit of City approval and inconsistent with the approved plans. The Planning Commission approved the subject project through adoption of Resolution No. 4016 authorizing the demolition of an existing drive-thru pharmacy and the construction of a new restaurant with outdoor seating area (Attachment 1). Tustin City Code Section 8402(a) requires that whenever any property is developed with new buildings, all electrical, telephone, community antenna, television, etc. which provides direct service to the property shall be installed underground (Attachment 2). Following the Planning Commission approval, hermits were issued for the construction of the new building to accommodate Chipotle Restaurant and the approved construction plans show that all utilities within the property's boundaries were to be placed underground. No aboveground electrical pole was authorized by the City and all utilities for this site were undergrounded with the approval and construction of Walgreens Pharmacy which occupied the site prior to Chipotle restaurant. Consequently, this letter is to notify you that the installation of the aboveground electrical pole is in violation of the Tustin City Code Section 8402(a), and you are hereby required to remove the subject pole and convert all direct services underground by October 29, 2008. Failure to comply will result in this case being forwarded to the City Attorney far further action. If you should have any questions, please do not hesitate to contact Justina Willkom at 714-573-3115. Sincerely, C~~G'~ZJv~'y` Elizabeth A. Binsack Community Development Director Attachments: 1. Tustin City Code Section 8402 2. Planning Commission Resolution No. 4016 C: JCM Tom Co. LLC., 1524 Dorcas Street, San Diego, CA 92110-1515 Y. Henry Huang, Building Official Justina Willkom, Principal Planner Southern California Edison, c/o Robert Stiens, 1325 So. Grand Avenue, Santa Ana, CA 92711-1982 Southern California Edison, c/o Jeri Brannon, 12415. Grand Avenue, Santa Ana, CA 92705 s:\cdd\justina\curreni planning\letters-memos\chipotle Ipawer pole~.doc 300 Centennial Way, Tustin, CA 92780 • P: (714) 573-3100 • F: (7]4) 573-3113 • www.tustinca.org BUILDING OUR FUTURE HONORING OUR PAST ATTACHMENT D DESIGN REVIEW 08-001 APPROVAL LETTER ~~t'Y Ci~,rt Community Development Department June 11, 2008 Mark Raber Tarlos & Associates 17802 Mitchell North Irvine, CA 92614 City of Tustin 300 Centennial Way Tustin, CA 92780 714,573.31 DO SUBJECT: APPROVAL OF APPLICATION FOR DESIGN REVIEW 08-001 Dear Mr. Mark Raber: Thank you for your application submittal, received on May 12, requesting authorization to construct a Kentucky Fried Chicken restaurant located at 1022 East First Street. The Community Development Department is pleased to inform you that your project has been approved based upon the following findings and subject to the conditions contained in the attached Exhibit A. This action and those conditions, except as identified with an asterisk (*), may be appealed to the Planning Commission by any person provided that a petition indicating why the action or conditions are being appealed and an appeal fee, established by the City Council, are submitted. The Community Development Department action and conditions will become final unless an appeal petition and fee, as noted above, is received by the Department within seven (7) calendar days from the date of this letter, Also attached is a Customer Service Evaluation form. It would be appreciated if you could take a few minutes to complete and return the form to the City. The form will be kept in confidence and your response can be anonymous. Your comments are valuable to us and will enable the City to better service you and other customers in the future. Should you have any questions, please do not hesitate to contact Alice Tieu, Associate Planner at (714) 573-3357. Sincerely, Elizabeth A. Binsack Community Development Director Enclosures: A. Agreement to Conditions Imposed B. Notice of Discretionary Permit Approval C. Exhibit A -Conditions of Approval D. Customer Service Evaluation Form 11Cot-secondlcdd-rdalCddlAlicelCompiete LetterslP.pprovalslApproval_for_KFC_1022_Eas[_Firs[_Slreel.doc AGREEMENT TO CONDITIONS IMPOSED I, the undersigned, hereby agree to comply with all conditions imposed by the Community Development Department of the City of Tustin on approval of Design Review 08-001 with conditions as stated in Exhibit A attached to the letter dated June 11, 2008. Signature, Mark Raber Tarlos & Associates RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Director of Community Development 300 Centennial Way Tus#in, CA 92780-3767 Space Above This Line For Recorder's Use Only AGREEMENT WITH CONDITIONS OF APPROVAL DISCRETIONARY PERMIT APPROVAL 1. Project Name: 2. Name of Applicants}: 3. File Number: 4. Resolution Number: 5. Assessor's Parcel Number(s) of Property: 6. Street Address of Property: 7. Legal Description of Property: 8. Type of Discretionary Permit: Reconstruct Existing Building Mark Raber DR 08-001 N/A 500-062-02 1022 East First Street Exhibit "A" Design Review Notice is hereby given that a discretionary permit was approved by the City of Tustin for the Project at the Property, as described above. The discretionary permit was approved subject to certain specified conditions of approval which apply to the Property and to the use of the Property. The Property Owner agrees to these conditions of approval and acknowledges that these conditions of approval run with the land and constitute express limitations and restrictions on the use of the Property. These conditions of approval are binding on all persons who own or occupy the Property. A copy of the discretionary permit and the conditions of approval are on file in the Office of the Director of Community Development of the City of Tustin. OWNER(S) SIGNATURES: Date: Notes: Legal Description of Property must be attached as Exhibit "A" Signatures of Owners} must be acknowledged before a notary public. CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of Galifarnia County of Orange SS City of Tustin On this day of 2008, before me, Notary Public, personally appeared who proved to me an the basis of satisfactory evidence to be the person/persons whose name/names is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity/capacities and that by his/her/their signature/signatures on the instrument the personlpersons, or the entity upon behalf of which the person/persons acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is true and correct. Witness my hand and official seal. NQTAI~Y SEAL CAPACITY CLAIMED BY SIGNER: Witness my hand and official seal. Signature of Notary 51GNER IS REPRESENTING: ^ Individual(s) ^ Corporate _ ^ Officers Title(s) ^ Partner(s} ^ General Partner of a Limited ^ Partnership ^ Attorney-in-Fact ^ Trustee (s) ^ Subscribing Witness ^ Guardian/Conservator ^ Other: THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED TO THE BELOW: TITLE OR TYPE OF DOCUMENT: NUMBER OF PAGES: DATE OF DOCUMENT: SIGNER (S) OTHER THAN NAMED ABOVE: EKHIBIT A FINDINGS AND CONDITIONS OF APPROVAL DESIGN REVIEW 08-001 JUNE 11, 2008 The Community Development Department finds and determines as follows: A. A proper application, Design Review 08-001, was filed by Mr. Mark Raber on behalf of Tarlos and Associates, LLC requesting authorization to reconstruct an existing 1,804 square foot Kentucky Friend Chicken building to a new 1,811 square foot building. 6. Pursuant to the California Environmental Quality Act (CEQA), the proposed project is exempt pursuant to Section 15332 (Class 32} of CEQA and the California Code of Regulations, Title 14, Chapter 3. C. The proposed project is consistent with zoning development standards of the C-1, Retail Commercial Zoning District and the Community Commercial General Plan land use designation in that restaurants are listed as a permitted use in Section 9232 of the Tustin City Code. D. Pursuant `to Section 9272(c) of the Tustin City Code, the Community Development Department finds that the location, size, architectural features, and general appearance of the proposal will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole. In making such findings, the Community Development Department has considered at least the following items: Height, bulk, and area of buildings: The proposed height of the building is 20 feet and 22 feet to the top of the proposed tower elements. The allowable maximum height in the C-1 District is 35 feet. The height of the single-story building is in scale with surrounding buildings that are one to two stories in height. 2. Setbacks and site planning: The new construction satisfies all setback requirements in the C-1 District. The installation of new landscaping in the front of the property and around the perimeter of the property will enhance the overall aesthetic appearance. The proposed fifteen (15) parking spaces on the property provides for additional parking beyond the required number of eleven (11) parking spaces for the proposed restaurant. All new parking stalls, drive aisles, and landscaping satisfy City requirements. Exhibit A DR 08-001 June 11, 2008 Overall Site Configuration: This proposal reconfigures the site in a manner that enhances on-site circulation and pedestrian safety. In contrast to the existing site Payout, pedestrians will no longer be required to walk through the drive-through lane to gain access into the main entrance of the building. 4. Exterior materials and colors: The surrounding neighborhood does not contain a distinctive architectural style but a variety of contemporary looking commercial buildings with their own distinctive architectural features and design elements. The proposed contemporary building design will be consistent with other commercial buildings in the surrounding area. The elevations are embellished with at least three building colors, decorative grid panels, window louvers, and up-lighting on the Colonel Sanders cabinet sign. 5. Type and pitch of roofs: The roof design reflects a contemporary architectural style with a parapet wall and decorative cornice around the entire building and tower elements that will vary the height of the parapet walls along the building. elevations to create visual interest. The roof design will be consistent with the surrounding area, as several adjacent commercial buildings in the area also contain similar roofs. 6. Size and spacing of windows, doors, and other openings: The windows are evenly distributed and designed with a balanced appearance on the building. Decorative aluminum louvers proposed above the windows that wrap around the building corners will embellish the windows. The louvers create a distinctive artistic design element that adds visual interest on the building. The physical appearance and design relationship of the proposed structures to existing structures in the vicinity and public thoroughfares: The proposed project incorporates massing and features consistent with other commercial buildings in the area. The building is a one-story building, which is consistent with the adjacent commercial buildings along the south side of First Street. The design of the project complies with all setback and height requirements in the C-1 Zone and maintains a harmonious appearance along the streetscape to existing and future structures. Exhibit A DR 08-001 June 11, 2008 8. Development guidelines and criteria as adopted by the City Council: The project is consistent with the applicable zoning, development standards, and guidelines of the City. The Community Development Department hereby conditionally approves Design Review 08-001 authorizing the construction of a 1,811 square foot restaurant, subject to the following conditions: GENERAL CONDITIONS OF APPROVAL (1) 1.1 .The proposed project shall substantially conform to the submitted plans for the project date stamped June 11, 2008, on file with the Community Development Department, as herein modified, or as modified by the Community Development Director in accordance with this Exhibit. The Director may also approve subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code or other applicable regulations. (1) 1.2 Prior to the issuance of any building permits for the project, unless otherwise specified, the conditions contained in this Exhibit shad be complied with subject to review and approval by the Community Development Department. (1) 1.3 The subject project approval shall become null and void unless permits for the proposed project are issued and substantial construction is underway within eighteen (18) months of the date of approval in this Exhibit. If the applicant does not submit plans aid obtain permits in a timely manner, the Community Development Department may revoke this design review approval. Time extensions may be considered if a written request is received by the Community Development Department within thirty (30) days prior to expiration. SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODES (4) DESIGN REVIEW *** EXCEPTIONS (5) RESONSIBLE AGENCY REQUIREMENTS (6) LANDSCAPING GUIDELINES (7) PCICC POLICY Exhibit A DR 0$-001 June 11.2008 (1) 1.4 The approval of Design Review 0$-001 is contingent upon the applicant and property owner signing and returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the property owner signing and recording with the County Clerk-Recorder a notarized "Notice of Discretionary Permit Approval and Conditions of Approval" form. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department prior to the issuance of a building permit. (1) 1.5 As a condition of approval of Design Review 08-001, the applicant shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants from any claim, action, or proceeding brought by a third parry against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision- making body, including staff, concerning this project. The City agrees to promptly notify the applicant of any such claim or action filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in defense of any such action under this condition. BUILDING DIVISION (3) 2.1 At the time of building permit application, the plans shall comply with the 2007 California Building Code (CBC}, 2007 California Mechanical Code (CMC), 2007 California Plumbing Codes (CPC), 2007 California Electrical Gode (CEC), California Title 24 Accessibility Regulations, 2007 Title 24 Energy Regulations, City Ordinances, and State and Federal laws and regulations (3) 2.2 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. • Note on plans that no field changes shall be made without prior approval from the Building Official and architect ar engineer of record. Exhibit A DR 08-001 June 11, 2008 (3) 2.3 The plans submitted shall indicate that restrooms are accessible to persons with disabilities as per State of California Accessibility Standards (Title 24). Plumbing fixture units are required to comply with the 2007 California Plumbing Code Chapter four (4) Table 4-1 as per type of group occupancy, or as approved by the Building Official. (3) 2.4 Prior to permit issuance, clearances from Orange County Health Department, Orange County Fire Authority will be required. (3) 2.5 Prior to the issuance of a building permit, a separate landscape/irrigation plan shall be submitted for review and approval and a separate permit shall be issued for installation of the plants and irrigation system. (3) 2.6 A note shall be provided on final plans that a six (6} foot high chain link fence shall be installed around the site. A nylon fabric or mesh shall be attached to the temporary construction fencing. Gated entrances shall be permitted along the perimeter of the site for construction vehicles. (3) 2.7 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 (6) inches in height and shall be of contrasting color to the background to which they are attached and illuminated during hours of darkness. (3) 2.8 An adequate size trash enclosure with solid metal, self-closing, self- latching gates is required to be located on the property and maintained to avoid health issues for neighboring commercial and residential areas. Said enclosure shalt be screened by a solid decorative wall consistent with the adjacent building's material and finish and be of a minimum height of six (6) feet. The actual locatian of the enclosure and types of screening and details of the enclosure shall be submitted at building plan check and are subject to approval by the Community Development Department. The location of the bin, size, and quantity shall be reviewed and accepted in writing by Public Work Engineering Division. Exhibit A DR 08-001 June 11, 2008 (3) 2.9 The applicant shall comply with all City policies regarding short-term construction emissions, including periodic watering of the site and prohibiting grading during second stage smog alerts and when wind velocities exceed 15 miles per hour. (3) 2.10 The applicant and hislher agents shall comply with the Tustin City Code section 4612 regarding "limits of construction related noise and hours of operation." DESIGN REVIEW (4) 3.1 All colors, materials, and features shall be installed and maintained as shown on the approved plans. No changes to the exterior building colors, materials, textures, or features shall be permitted unless approved by the Community Development Director. (4) 3.2 The property/business owner shall be responsible to address any neighboring concerns/problems regarding the noise level of the speaker located at the rear of the property. Remedies may include reducing the volume of the speaker. (4j 3.3 No outdoor storage is permitted except as approved by the Tustin Community Development Director. As part of plan check submittal, and prior to the issuance of a building permit, the following shall be submitted and/or incorporated onto the construction plans: (4) 3.4 The minimum dimensions of the loading area by the service door must be 9 feet by 20 feet. (4) 3,5 Sample material or photos of the glass area proposed above the building entrance on the west elevation must be submitted during construction plan check. Final materials, color, and treatment in this area shall be subject to review and approval by the Community Development Department. (4) 3.6 The excess walkway area at the southeast corner of the building must be converted into a landscaped area. The gas meter must be screened with landscaping. (4) 3.7 The entrance doorway shall be constructed of glass doors with wooden trims and KFC "bucket" handles as shown on the design reference manual for the KFC new image provided by the applicant. Exhibit A DR 08-001 June 11, 2008 (4) 3.8 The graphics on the KFC Lexan Panel (Detail V-044) must be a window sign. This area should be comprised of a glass window and the graphics may be displayed on the interior of the building. Window signs shall not exceed 25% of the window area. (4) 3.9 Prior to the issuance of a building permit, a sign plan must be submitted and approved. A separate sign permit shall be obtained for the installation of any new signs. All signs must conform to the City of Tustin Sign Ordinance. All on-site signs must be installed prior to building final and the issuance of a certificate of occupancy. (4) 3.10 The monument sign shall be constructed to match the architecture of the building. The sign shall be constructed with an opaque background and routed-out illuminated channel letters. The base of the monument sign shall be constructed of brick material that matches the building base material and color. (Q) 3.11 The trash enclosure must be constructed of decorative material and colors that matches the building design. The trash enclosure shall include a decorative cap and stucco wall finishes that match the color of the building. The doors of the trash enclosure shall be painted to match the enclosure. (4) 3.12 V-grooves or score lines must be added to where a line of paint color change occurs. The elevations on the construction drawings must be revised to address this detail. (4) 3.13 All mechanical and rooftop equipment shall be completely screened by the parapet walls. All roof-top equipment must be located a minimum of 6" below any parapet walls, including the tower element. (4) 3.14 All existing above ground utility lines must be placed underground and all pipes, vents, mechanical equipment, etc. must be completely screened from public view. In addition, the electrical switchgear must be placed inside the building, and the doors to the electrical switchgear must be flush with the building walls. (4) 3.15 Final details of the exterior light fixtures shall be subject to review and approval by the Planning Division. Submit a photometric plan to demonstrate that adequate lighting is provided. Parking lot and loading areas shall be illuminated to a minimum one (1 }foot candle light. On-site lighting shall be designed and located so that direct rays are confined to the property. Manufacture cut-sheets shall be submitted at the first plan check submittal. Exhibit A DR 08-001 June 11, 2008 LANDSCAPING (6) 4.1 At plan check, submit complete, detailed landscaping and irrigation plans stamped by a licensed landscape architect for all landscape areas proposed on the site consistent with adopted City of Tustin Landscaping and Irrigation Submittal Requirements. The plans must include the following: a. Provide summary table applying indexing identification to plant materials in their actual location, The plant table shall list botanical and common names, sizes, spacing, location and quantity of the plant materials proposed. b. 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. c. 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 of materials during plan check. d. Note on landscaping plan that coverage of landscaping and irrigation materials is subject to field inspection at project completion by the Community Development Department (6) 4.2 The following revisions shall be provided on the Landscape and Irrigation Plan: a. The excess walkway area at the southeast corner of the building must be converted into a landscaped area. The gas meter must be screened with landscaping. b. The landscaping along the east praperty line shall be enhanced to include taller shrubs in order to better screen the drive-thru lane. Final landscaping treatment shall be subject to review and approval by the Planning Division. c. The tree proposed at the northeast corner of the property shall be located outside of the vision triangle area. d. All new ground mounted mechanical equipment must be completely screened with landscaping. Exhibit A DR OS-001 June 11, 2008 e. Ground covers shall be planted between eight (8) and twelve (12) inches on center. All plant materials shall be installed and maintain in a healthy and vigorous condition typical to the species and landscaping must be maintained in a neat and healthy condition. This will include but not be limited to, trimming, mowing, weeding, removal of litter, fertilizing, regular watering or replacement of diseased or dead plants. g. All newly planted trees shall be staked in accordance with the City's Landscaping and Irrigation Guidelines. h. Plant materials shall be chosen and located to promote water and energy conservation. ENGINEERING (1) 5.1 Prior to the issuance of a grading permit, a precise grading plan, prepared by a registered civil engineer, consistent with the approved site plan and landscape plans shall be submitted and approved. (1) 5.2 Prior to grading permit issuance, a grading bond will be required. The engineer's estimated cost of grading, drainage, and erosion control shall be submitted to the City for review and approval. (1) 5.3 Prior to issuance of any permits, the applicant shall submit for approval by the Community Development and Public Works Departments, a FINAL Water Quality Management Plan (WQMP} specifically identifying Best Management Practices (BMPs) that will be used on-site to control predictable pollutant run-off. This WQMP shall identify: implementation of BMPs, the assignment of long-term maintenance responsibilities (specifying the developer, parcel owner, maintenance association, lessee, etc.), and reference to the locations} of structural BMPs. (1) 5.4 Prior to issuance of any permits, the property owner(s) shall record a declaration of restrictions with the County Clerk Recorder. This declaration binds current and future owner(s) of the property regarding implementation and maintenance of the structural and non- structural BMP as specified in the approved WQMP. Exhibit A DR OS-001 June 11, 2008 (1) 5.5 The applicant shall comply with all applicable provisions of the Gity of Tustin Water Quality Ordinance and all Federal, State, and Regional Water Quality Control Board rules and regulations for development of this site. (1) 5.6 Existing sewer and domestic water laterals shall be utilized whenever possible. (1) 5.7 The site plan must comply with the City of Tustin sight distance standards and the limited use areas should be shown on the landscape plans as well as the grading plans. (1) 5.8 The construction of the public improvements shall be completed prior to issuance of a Certificate of Occupancy. The applicant shall remove and replace all curb and gutter and sidewalk along the project frontage (from property line to property line). The driveways, curb and gutter, and sidewalk shall be designed and constructed per City of Tustin Standards. Prior to issuance of a Grading Permit, the applicant shall submit a separate 24" x 36" street improvement plan, as prepared by a California registered Civil Engineer, to the Public Works Department far review and approval. Prior to the issuance of an encroachment permit, a separate construction area traffic control plan, as prepared by a California Registered Traffic Engineer or Civil Engineer experienced in this type of plan preparation, shall be submitted and approved. (1) 5.9 The current Federal Americans with Disabilities Act (ADA) requirements shall be met at the driveways and sidewalk. (1) 5.10 The applicant shall satisfy dedication and/or reservation requirements as applicable, including but not limited to dedication of all required street and flood control right-of-way easements, vehicular access rights, sewer easements, and water easements defined and approved as to specific locations by the City Engineer and other agencies. (1) 5.11 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) 5.12 Prior to the issuance of a building permit, the applicant/contractor is required to submit a Construction and Demolition Waste Recycling and Reduction Plan (WRRP) to the Public Works Department. The Exhibit A DR 08-001 June 11, 2008 WRRP must indicate how the applicant shalt comply with the City's requirement (City Code Section 4350, et al) to recycle 50% of the project waste material. The applicant will be required to submit a $50.00 application fee and a cash deposit. Based on the review of submitted Waste Management Plan, the case security deposit will be determined by the Public Works Department in an amount not to exceed 5% of the project's valuation. ORANGE COUNTY FIRE AUTHORITY (5) 6.1 Fire Master Plan Service Code: PR 145 Prior to the issuance of any grading or building permits, the applicant shall submit a fire master plan to the Fire Chief for review and approval. This plan shall include the location of the nearest fire hydrant to the property, a fire flow water availability report; new pavement shall support emergency vehicles to 68,000 pounds and approved by a professional engineer, marking for fire lanes shall be included. Include the notes for Fire Master on the submittal. (5) 6.2 Commercial Cooking Hood Service Gode: PR 335 Prior to certificate of occupancy, the applicant shall submit plans for the commercial cooking hood extinguishing system. FEES (1) 7.1 Prior to issuance of any building permits, payment shall be made of all applicable fees, including but not limited to, the following. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. a. Building plan check and permit fees to the Community Development Department based on the most current schedule, b. Grading plan check and permitting fees. c. Encroachment Permit fees to the Public Works Department. Exhibit A DR 08-001 June 11, 2008 d. Prior to submittal of a Water Quality Management Plan (WQMP), the applicant shall submit a deposit of $2,700.00 to the Public Works Department for the estimated cost for reviewing the WQMP. e. Orange County Fire Authority plan check and inspection fees to the Community Development Department based upon the most current schedule. Private improvement plan check and permit fees to the Community Development Department based upon the most current schedule. g. 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. New development tax to the Community Development Department based upon the most current schedule. 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) 7.2 Within forty-eight (48) hours of approval of the subject project, the applicant shall 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 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. ATTACHMENT E RESOLUTION NO. 4102 RESOLUTION NO. 4102 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, DENYING A PROPOSAL TO WAIVE THE REQUIREMENT OF TCC 8402(a) AND MODIFY CONDITION 3.14(a) OF DESIGN REVIEW 08-001 AND, PERTAINING TO THE UNDERGROUND PLACEMENT OF UTILITY SERVICE AT 1022 EAST FIRST STREET. The Planning Commission does hereby resolve as follows: The Planning Commission finds and determines as follows A. A proper application was filed by Mr. Mark Raber, representative from Tarlos and Associates, for a request to waive Tustin City Code 8402(a) and Condition 3.14(a) of Design Review 08-001, which requires that all utility lines be placed underground in association with the new construction of a 1,811 square foot restaurant at 1022 East First Street. B. The project site is located within the Community Commercial General Plan land use designation, Retail Commercial (C-1) zoning district, and the Town Center Redevelopment Project Area. C. The Community Commercial General Plan land use designation and the Retail Commercial zoning designation allow for a variety of retail and service commercial and professional office land uses. D. Design Review 08-001 was approved on June 11, 2008, for the demolition of an existing restaurant and new construction of a 1,811 square foot restaurant (Kentucky Fried Chicken) subject to the conditions of approval including Condition 3.14(a), which requires that all utility lines must be placed underground. E. Section 8402 of the Tustin City Code requires that whenever any property is developed with new structures, all electrical, telephone, community antenna, television and similar service wires or cables which provide direct service to the property being developed, shall, within the exterior boundary lines of such property, be installed underground. F. Pursuant to Section 8402(d), the Planning Commission may waive, modify, or delay the application of any undergrounding requirement upon written request by a building site owner. G. A meeting to consider the waiver request was duly called and held on October 28, 2008, by the Planning Commission. Resolution No. 4102 Page 2 H. That a decision to deny the request to waive the requirement for underground utilities can be supported by the following findings: 1. Section 8402(a) of the City's Electrical Code requires that all utilities be placed underground. Waiver of this requirement would be inconsistent with the intent of Section 8402 that undergrounding of aboveground utilities enhances the visual appearance of the neighborhood. 2. Section 8402(a) requires that all developers proposing new construction or commercial additions in excess of 200 square feet of floor area underground all utilities. The applicant is subject to the requirements of this code section because the project involves the construction of a new 1,811 square foot restaurant. 3. Other developers/property owners which are subject to this requirement are required to underground all the utilities on-site, including the neighboring Chipotle restaurant. 4. Since undergrounding is only required to occur when a new building is constructed, waiving the requirement for underground utilities would allow the existing utility line and infrastructure to remain for the life of the new KFC building, resulting in long-term visual impacts to the neighborhood. 5. A waiver if granted may establish a precedent for future development projects that would be inconsistent with the requirements of the City's Electrical Code Section 8402(a) and impair the aesthetic quality of current and future development projects. 6. The letter of justification provided by the applicant stating the challenges associated with the need to underground the utility pole should not be considered as a hardship. Every site provides unique challenges and several options are available as presented by SCE to the applicant. 7. A utility easement exists on the property and adjacent property to allow the undergrounding of all electrical service. 8. The applicant has not provided evidence that the required undergrounding of all utilities constitutes a hardship. No cost information has been provided that would indicate the undergrounding of utilities is infieasible. California Environmental Quality Act (CEQA) does not apply to projects which a public agency rejects or disapproves pursuant to Section 15270 of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). Resolution No. 4102 Page 3 II. The Planning Commission hereby denies a request to waive the requirements of Section 8402(a) and modify Condition 3.14(a) of Design Review 08-001, the requirement for undergrounding utilities at 1022 East First Street. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 28th day of October, 2008. CHARLES E. PUCKETT Chairperson ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) , CITY OF TUSTIN ) I, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4102 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 28th day of October, 2008. ELIZABETH A. BINSACK Planning Commission Secretary ATTACHMENT F TUSTIN CITY CODE SECTION 8402 TUSTIN CITY CODE ELECTRICAL CODE 5402 8402 UNDERGROUND UTILITIES (a) Whenever any property in any zone is developed with new or relocated buildings or structures, or whenever enclosed floor area in excess of 200 square feet is added to an existing building site in any zone, except zones permitted for single family residential use, or whenever a residential building or use is converted to any purpose or use other than that which existed at the time of conversion, all electrical, telephone, community antenna, television and similar service wires or cables which provide direct service to the property being developed, shall, within the exterior boundary lines of such property, be installed underground. (b) For the purpose of this Section, appurtenances and associated equipment such as, but not limited to, surface mounted transformers, pedestal mounted terminal bones and meter cabinets, may be placed above ground. (c) The developer or owner is responsible for complying with the requirements of this Section, and shall provide all necessary facilities on their premises so as to receive such ~, services from the supplying utility or utilities subject to the applicable rules, regulations and ~~~. tariffs of the respective utility or utilities on file with the California Public Utilities Commission. (d) Where practical difficulties or unnecessary hardships inconsistent with the provisions of this chapter result from its literal interpretation or enforcement, the Planning Commission may waive, modify, or delay the application of any undergrounding requirement upon written request by a building site owner. Such request shall be filed with the Community Development Department and shall contain any and all facts which are offered in support. (e) If the Pl~ng Commission's action is to delay the installation of required underground- ing utilities, it may require the building site owner to file with the City a cash deposit, and/or record a covenant sufficient to provide for the future installation of the underground features ~' ~ ,~a. which are to be delayed. The amount of the cash deposit shall be determined by the Building Official. (Ord. No. 1043, Sec. 4, 2-5-90; ®rd. No. 1160, Sec. 4, 1-2-96; Ord. No. 1214, Sec. 6, 5-17-99) C x,EV: of-loos BR-4-5 ATTACHMENT G SCHEDULE B OF KFC TITLE REPORT AND EASEMENT INSTRUMENT Form No. 1068-2 ALTA Plain Language Commitment Commitment No.: NCS-285495-SAl Page Number: 7 SCHEDULE B SECTION TWO EXCEPTIONS Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction. The printed exceptions and exclusions from the coverage of the policy or policies are set forth in Exhibit A attached. Copies of the policy forms should be read. They are available from the office which issued this Commitment. 1. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. 2. A perpetual avigation easement in and through the air above the herein described land, as conveyed to the County of Orange by deed recorded March 17, 1964 in Book 6965 Page 721, Official Records. 3. An easement for pole lines and conduits and incidental purposes, recorded in Book 7817, Page 450 of Official Records. In Favor of: Southern Califomia Edison Company, its successor or assigns Affects: The Southwesterly 6 feet of said land 4. An unrecorded lease dated April 5, 1995, executed by Newport/First Partners, L.P., a California limited partnership as lessor and Andrew D. Geller and Eileen B. Geller, Co-Trustees of The Geller Trust dated September 2, 1987 as lessee, as disclosed by a Assignment of Leasehold Estate recorded July 20, 1995 as Instrument No. 95-307417 of OfFcial Records. The lessor's interest under the lease has been assigned to Andrew D. Geller and Eileen B. Geller, Co-Trustees of The Geller Trust dated September 2, 1987 by assignment recorded July 20, 1995 as Instrument No. 95-307417 of Official Records. Defects, liens, encumbrances or other matters affecting the leasehold estate, whether or not shown by the public records. 5. Rights of parties in possession. 6. Full copies of all unrecorded leases affecting the land. The following matters disclosed by an ALTA/AGSM survey made by J. Ronald White and Associates on April 20, 2007, designated Job No. 10-101: A. An unrecorded easement or lessor right for overhead power and telephone service over the Southwesterly portion of said land. 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