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HomeMy WebLinkAboutPC RES 4197RESOLUTION NO. 4197 ON A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING THAT THE CITY COUNCIL APPROVE DESIGN REVIEW 2012-002 AND CONDITIONAL USE PERMIT 2012-06 TO AUTHORIZE THE CONSTRUCTION OF A MIXED-USE DEVELOPMENT, JOINT USE PARKING, SALES OF ALCOHOLIC BEVERAGES IN CONJUNCTION WITH A RESTAURANT USE AND A PARKING EXCEPTION FOR THE PROJECT AT 125 W. MAIN STREET LOCATED WITHIN THE CENTRAL COMMERCIAL (C-2) ZONING AND THE COMBINING PARKING (P) AND CULTURAL RESOURCES (CR) OVERLAY DISTRICTS. The Planning Commission of the City of Tustin does hereby resolve as follows: 1. The Planning Commission finds and determines as follows: A. That a proper application for Design Review 2012-002 and Conditional Use Permit 2012-06 have been submitted by Chris Miller of PMR Construction, on behalf of PJ Jahangiri, property owner, requesting authorization to construct a mixed use project at 125 W. Main Street (APN 401-573-05 and 401-573-06); B. Pursuant to Tustin City Code Section 9272, a Design Review is required for site planning and design. According to Tustin City Code Section 9272, the Planning Commission is authorized to review and act on Design Review applications; however, because the Conditional Use Permit requires City Council approval, the Planning Commission is being asked to provide recommendations to the City Council for Design Review 2012-002 and Conditional Use Permit 2012-06. In addition, according to Tustin City Code Sections 9252j1 and 9252j3, the City Council may establish design criteria and standards and authorize a non-listed use, on a case-by-case basis, for projects located within the Cultural Resources Overlay District. Therefore, the Design Review will require City Council approval, following a recommendation by the Planning Commission; C. Pursuant to Tustin City Code Section 9252j3, a Conditional Use Permit is required to permit non-listed uses such as a mixed-use development (restaurant, offices, and residential). Further, the proposal includes a request for the sale of alcoholic beverages in conjunction with a proposed restaurant use and joint use parking. Tustin City Code Section 9233c1 (Uses Conditionally Permitted in TCC 9232b3) allows alcoholic beverage sales establishments subject to the provision set forth in Section 9271dd and Tustin City Code Section 9264a allows for parking facilities to be used jointly subject to the approval of a Conditional Use Permit; Resolution 4197 DR 2012-002 and CUP 2012-06 Page 2 D. Pursuant to TCC 93252J3(d) (Ordinance No. 1416), on-site parking requirements may be modified under one or a combination of provisions as set forth in the City Code. Specifically, development proposed within both the Central Commercial District (C-2) and the Old Town Commercial General Plan land use designation (the commercial portion of Old Town Tustin), may satisfy all or a portion of the required number of on-site parking spaces through the payment of a fee, in an amount determined by Fee Resolution upon a determination of the Tustin Planning Commission that the proposed project meets the certain findings. E. That the site is located in the Central Commercial District (C-2), Cultural Resources District (CR), and the Combining Parking District (P) and is consistent with the development standards of those districts; F. That Design Review 2012-002 and Conditional Use Permit 2012-06 was noticed, and considered, on June 12, 2012, by the Planning Commission; G. That the proposed project is consistent with the policies of the General Plan "Old Town Commercial" designation which allows for retail, professional offices and service-oriented business activities as well as residential uses which support this land use subject to the discretion of the City. The project has also been determined to be consistent with the Air Quality Sub-element; H. That the proposal for mixed use which include a restaurant/retail on the first floor, office use on the second floor and residential units on the third floor requires approval of a Conditional Use Permit by the Planning Commission for a use that is consistent with and compatible to surrounding uses. The project is consistent with and compatible to the Old Town uses in that the proposal is similar to other mixed uses have recently been approved within the Old Town area of Tustin and is anticipated to bring economic vitality to the area with the design and uses; That the establishment, maintenance, and operation of the proposed use will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use, 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: The proposed sale of on-site alcoholic beverages in conjunction with an existing restaurant use is allowed within the C-2 zoning district with the approval of a Conditional Use Permit. Resolution 4197 DR 2012-002 and CUP 2012-06 Page 3 MINORCO,, BONN, 2. As conditioned, the proposed on-site consumption of general alcoholic beverages is consistent with the Alcoholic Beverage Sales Establishment Guidelines as amended by the Planning Commission and adopted by the City Council on May 21, 2001. 3. The on-site consumption of alcoholic beverages would be in conjunction with a restaurant where food will be served at all times when alcoholic beverages are served. 4. The restaurant will provide sit-down meals typical of restaurant uses. Bona fide restaurants with on-site alcoholic beverage sales are exempt from distance separation requirements to residential uses, sensitive uses and other alcoholic beverage sales establishments. 5. The restaurant use is consistent with uses in the Old Town area where a variety of retail, office, and restaurant uses are located. The proposed hours of operation are proposed to be limited for consistency with the City's policy on alcoholic beverage establishment hours of operation. The characteristics of the restaurant use and hours of operation of the restaurant would be similar to other restaurants in the center and in the vicinity. 6. The Tustin Police Department has reviewed the application and has no immediate concerns. J. The Parking Study was conducted and the Study indicates that the proposed project could be supported with eleven (11) onsite parking spaces and twenty (20) off -site parking spaces located throughout Old Town Tustin and has been found to be consistent with Ordinance No. 1416 which allows all or a portion of a project's required on-site parking spaces to be met through the payment of an annual fee intended to compensate the City for the proportional use and maintenance of public parking based upon the Planning Commission's determination that the project meets the following findings: 1 The proposed project is an infill project located within the commercial district of Old Town. 2. The proposed project is considered to be relatively small. 3. The proposed project has incorporated building or site design enhancements that make it an outstanding addition to Old Town Tustin. Resolution 4197 DR 2012 -002 and CUP 2012 -06 Page 4 4. The proposed project provides some onsite parking, but is aesthetically superior to one that provided all required parking on site. 5. The project applicant is conditioned to pay an annual fee for each public space not provided on site. K. The Old Town Parking Exception Fee was established at $60 per space through City Council Resolution No. 12 -27 and the applicant has requested parking exception and agreed to pay an annual fee for spaces not provided on -site; L. That in determining whether to recommend approval of the Design Review the Planning Commission must determine whether or not the location, size, architectural features, and general appearance of the proposed development will 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: The subject site is located along Main Street in the center of Old Town and has remained unoccupied for the past several years. The proposed building massing, orientation, and architecture of the new mixed use building will serve to enhance the subject site and augment the Old Town commercial district. 2. The proposed structures and associated improvements are harmonious with the highest standards of improvements in the surrounding area and Tustin community. 3. The City's Public Works Department, Police Department, Building Division and the Orange County Fire Authority have reviewed and support the development of the proposed project, as conditioned. 4. 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. a. Height, bulk, and area of buildings: The proposed height of the three -story structure is within the maximum permitted height in the zoning district. The height and bulk of the building also hold the street edge well and help to create a well- defined streetscape along Main Street. Resolution 4197 DR 2012-002 and CUP 2012-06 Page 5 I EMS RON- b. Setbacks and site planning: The site design was oriented to maximize the street frontage by locating the building at the front property line with access and parking located behind the building. The uses such as the parking lot, and trash enclosure have been oriented away from Main Street. c. Exterior materials and colors: The proposed materials (brick, stucco, wrought iron, glass, and wood) are of a high quality, will serve to enhance the architecture of the building, and are compatible with the nearby commercial buildings in Old Town. The proposed color scheme will also accentuate the building's architecture and give a clean look to the fagade. The proposed brick veneer features a subdued gray color and flat stucco texture variation that will provide a modern dimension to the building. d. Type and pitch of roofs: The proposed flat roof with parapet and extended parapet walls create a modern version of the neo- classical style which emphasizes simplicity and can be seen throughout Old Town along Main Street and El Camino Real. e. Size and spacing of windows, doors, and other openings: The proposed building has been designed to reflect a classic Old Town commercial building with a contemporary emphasis using modern materials. The first floor storefronts include operable and fixed glass swinging doors which are set back beneath canvas awnings fronting Main Street. The second level full- length vertical plate glass windows are accented by decorative wrought iron railings and are topped with a brick band above. The third-floor residential level provides a small deck area with decorative wrought iron railings and living area set back from the fagade. f. Landscaping, parking area design and traffic circulation: The parking area has been designed to accommodate access from the rear alley which eliminates the view of parked cars from Main Street. Landscaping has been incorporated throughout the parking area consistent with landscape requirements. A decorative wrought iron trellis with climbing vines are proposed at the southwest corner of the building and a decorative wrought iron gate is proposed at the access point along the east side of the building. The side patio also includes raised planters and a focal-point fireplace located at the far north end of the patio. Resolution 4197 DR 2012-002 and CUP 2012-06 Page 6 g. Physical relationship of proposed structures to existing structures in the neighborhood: The proposed three story building is a stand-alone building that has been designed with a massing and form that is similar to other existing buildings in Old Town Tustin. Old Town has a history of multi-level buildings located street front with retail and office uses. The project will incorporate multiple uses and is designed consistent and compatible with existing historic and new buildings located in Old Town Tustin. h. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares: The proposed building adapts a contemporary commercial building into the historic commercial district by incorporating a variety of traditional architectural elements and forms similar to other existing three- story mixed uses including Prospect Village and 170 El Camino Real. These buildings have a zero-setback along the front elevation and both include retail and residential uses M. That the project is determined to be categorically exempt categorically exempt from further environmental review pursuant to the California Environmental Quality Act (CEQA) Section 15332, Class 32, "In-fill development projects." 11. The Planning Commission hereby adopts Resolution No. 4197 recommending that the City Council approve Design Review (DR) 2012-002 and Conditional Use Permit (CUP) 2012-06 to authorize the construction of a mixed-use development, joint use parking, the sale of alcoholic beverages in conjunction with a proposed restaurant use, and a parking exception for the project at 125 W. Main Street located within the Central Commercial (C-2) Zoning and the Combining Parking (P) and Cultural Resources (CR) Overlay Districts, subject to conditions contained in Exhibit A attached hereto. Ur CHARLES E. PUCKETT Chairperson ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN Resolution 4197 DR 2012-002 and CUP 2012-06 Page 7 1, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4197 was passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 12th day of June, 2012. 7 ELIZABETH A. BINSACK Planning Commission Secretary I Exhibit A to Resolution No. 4197 EXHIBIT A DR 2012-002 AND CUP 2012-06 RESOLUTION NO. 4197 CONDITIONS • APPROVAL rejg�lgail 1.1 The proposed project shall conform with the Tustin City Code and standards and be consistent with submitted plans for the project date stamped June 12, 2012, on file with the Community Development Department, except as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Director of Community Development may also approve minor modifications to plans during plan check if such modifications are consistent with the provisions of the Tustin City Code and other applicable codes. 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified or prior to the issuance of any building permits for the project, subject to review and approval by the Community Development Department. 1.3 The subject project approval shall become null and void unless permits for the proposed project are issued and substantial construction is underway within twelve (12) months. All time extensions may be considered if a written request is received within thirty (30) days prior to the expiration date. 1.4 Approval of Design Review 2012-002 and Conditional Use Permit 2012-06 are contingent upon the applicant returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the property owner signing and recording with the County Clerk-Recorder a notarized "Notice of Discretionary Permit Approval and Conditions of Approval" form. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department prior to issuance of building permits. 1.5 The applicant shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision- making body, including staff, concerning this project. The City agrees to promptly notify the applicant of any such claim or action filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in defense of any such action under this condition. 1.6 Conditional Use Permit 2012-06 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. The Community Resolution 4197 DR 2012 -002 and CUP 2012 -06 Page 2 Development Director shall review the use to ascertain compliance with conditions of approval. If the use is not operated in accordance with Conditional Use Permit 2012 -06, or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the Community Development Director shall impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the Conditional Use Permit. 1.7 Any violation of any of the conditions imposed is subject to the issuance of an Administrative Citation pursuant to Tustin City Code Section 1162(a). 1.8 Prior to issuance of any permits, approval of a Lot Line Adjustment to combine the two existing lots into shall be obtained and recorded. 1.9 Prior to the issuance of a Building Permit, the applicant shall comply with Ordinance No. 1416 and established by City Council Resolution No. 12 -27 by executing and recording an agreement requiring the payment of an annual fee per space not provided on site that would compensate the City for the project's proportional use of public street and lot parking spaces. 1.10 The applicant shall obtain the appropriate license from the State Department of Alcoholic Beverage Control for the type of alcoholic sales authorized for the site (Type 47). A copy shall be provided to the City prior to operating the upgraded alcoholic sales. 1.11 Approved uses shall operate within all applicable State, County, and the Tustin City Code. Any violations of the regulations of the Department of Alcoholic Beverage Control as they pertain to the subject location, or of the City of Tustin, as they relate to the sale of alcoholic beverages, may result in the revocation of the subject Conditional Use Permit, as provided for the Tustin City Code. 2.1 At the time of building permit application, the plans shall comply with the latest edition of the codes (2010 Building Codes, 2011 Green Building Code), City Ordinances, State, Federal laws, and regulations as adopted by the City Council of the City of Tustin. The applicant shall demonstrate on plans compliance with the State of California Title 24 accessibility regulations including but not limited to; signage, interior path of travel, work stations, and sanitary facilities. ORANGE COUNTY FIRE AUTHORITY 3.1 Prior to issuance of a building permit, the applicant or responsible party shall submit the fire master plan (service code PR145). Resolution 4197 DR 2012-002 and CUP 2012-06 Page 3 3.2 Prior to issuance of a building permit, the applicant or responsible party shall submit the architectural (service codes PR200-PR285), when required by the OCFA "Plan Submittal Criteria Form". 3.3 Prior to issuance of a building permit, the applicant or responsible party shall submit the underground piping for private hydrants and fire sprinkler systems (service code PR470-PR475). 3.4 Prior to concealing interior construction, the applicant or responsible party shall submit the sprinkler monitoring system (service code PR500) 3.5 Prior to concealing interior construction, the applicant or responsible party shall submit the fire sprinkler system (service codes PR430-PR455). Specific submittal requirements may vary from those listed above depending on actual project conditions identified or present during design development, review, construction, inspection, or occupancy. Standard notes, guidelines, submittal instructions, and other information related to plans reviewed by the OCFA may be found by visiting www.ocfa.org and clicking on "Fire Prevention" and then "Planning & Development Services." GRADING CONDITIONS: 4.1 Prior to issuance of a Grading Permit, a final grading plan, prepared by a California Registered Civil Engineer, shall be submitted and approved. The plan shall be consistent with the approved site and landscaping plans. 4.2 Prior to issuance of a Grading Permit, a grading bond (on a form acceptable to the City) will be required. The engineer's estimate, which covers the cost of all work shown on the grading plan, including grading, drainage, water, sewer and erosion control, shall be submitted to the City for approval. 4.3 Preparation of a sedimentation and erosion control plan for all work related to this development shall be required. WQMP CONDITIONS: 5.1 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). If the WQMP has been determined to be a Priority WQMP, it shall identify Low Impact Development (LID) principles and Best Management Practices (BMPs) that will be used on-site to retain storm water and treat predictable pollutant run-off. The Priority WQMP shall identify: the implementation of BMPs, the assignment of long-term maintenance Resolution 4197 DR 2012 -002 and CUP 2012 -06 Page 4 responsibilities (specifying the developer, parcel owner, maintenance association, lessees, etc.), and reference to the location(s) of structural BMPs. 5.2 Prior to submittal of a final Water Quality Management Plan (WQMP), the applicant shall submit a deposit of $2,700.00 to the Public Works Department for the estimated cost of reviewing the final WQMP. 5.3 Prior to issuance of any permits, the applicant shall record a "Covenant and Agreement Regarding O & M Plan to Fund and Maintain Water Quality BMPs, Consent to Inspect, and Indemnification ", with the County Clerk- Recorder. This document shall bind current and future owner(s) of the property regarding implementation and maintenance of the structural and non - structural BMPs as specified in the approved final WQMP. 5.4 This development shall comply with all applicable provisions of the City of Tustin Water Quality Ordinance and all Federal, State, and Regional Water Quality Control Board rules and regulations. 6.1 The proposed awnings along Main Street shall be reviewed and approved by the City of Tustin Community Development Department: 6.2 The applicant shall provide a four (4) foot wide minimum walkway clear of above ground obstructions along the project frontage at all times. All projecting awnings in the public rights -of -way shall be designed and constructed a minimum of seven (7) feet above the sidewalk grade. 6.3 Prior to any construction of the planters and awnings in the public rights -of -way, the property owner shall submit an encroachment permit application, two (2) sets of City of Tustin Community Development approved site plans with exterior elevation plan, and the applicable encroachment permit fees to the Public Works Department for review and permit issuance. 6.4 Prior to issuance of an encroachment permit, the permittee shall submit a certificate of insurance evidencing that a liability insurance policy in the amount of $1,000,000.00 (minimum) has been issued, naming the City as an additional named insured, and containing a provision that the policy will not be canceled, coverage materially modified, or limits of liability reduced or changed without such notice to the Public Works Director. The permittee shall maintain insurance for the duration of the encroachment permit. 6.5 The encroachment permit and liability insurance shall be renewed every year by the permittee. Resolution 4197 DR 2012-002 and CUP 2012-06 Page 5 ry 6.6 Any damage done to existing public street improvements (including public alley) and utilities shall be repaired to the satisfaction of the City Engineer before issuance of a Certificate of Occupancy. 6.7 Current Federal Americans with Disabilities Act (ADA) requirements shall be met at all driveways and sidewalks adjacent to the site. City of Tustin standards shall apply, unless otherwise approved by the City Engineer. Depending on the applicable City standard, an easement on private property for pedestrian access may be required. In this case, a legal description and sketch of the dedication area, as prepared by a California Registered Civil Engineer or California Licensed Land Surveyor, shall be submitted to the Public Works Department for review and approval. 6.8 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. 6.9 Existing sewer, domestic water, reclaimed water, and storm drain service laterals shall be utilized whenever possible. 6.10 Removal of existing driveways along Main Street and replacement with curb, gutter and sidewalk Avenue shall conform to City of Tustin Public Works standards and current federal Americans with Disability Act (ADA) requirements. 6.11 The applicant shall relocate the existing underground drain pipe away from the existing street light per the City of Tustin Public Works Department Standards. 6.12 The applicant shall replace in kind all brick pavers damaged in the public alley caused by the construction of the project and/or undergrounding of utilities. 6.13 The applicant shall design and reconstruct the drive approach along 145 W. Main Street to the most current City of Tustin's Public Works Standard and meet the most current ADA requirements. Written permission from property owner(s) shall be required for any work located on adjacent property. 6.14 Prior to issuance of a building permit, the applicant shall obtain approval of the design for all construction within the public right-of-way (along Main Street and within the public alley). These improvements shall be completed prior to issuance of Certificate of Occupancy. A separate 24" x 36" street improvement plan, as prepared by a California Registered Civil Engineer shall be prepared. Said plan shall include, but not be limited to, the following: a) Curb and gutter d) Domestic water facilities b) Sidewalk, including curb ramps e) Sanitary sewer facilities for the physically disabled Landscape/irrigation c) Drive aprons g) Underground utility connections Resolution 4197 DR 2012-002 and CUP 2012-06 Page 6 6.15 A 24" x 36" reproducible construction area traffic control plan, as prepared by a California Registered Traffic Engineer or Civil Engineer experienced in this type of plan preparation, may be required. 6.16 In addition to the normal full-size map and plan submittal, all final maps and plans including, but not limited to, tract maps, parcel maps, right-of-way maps, records of survey, public works improvements, private infrastructure improvements, final grading plans, and site plans shall be submitted to the Public Works Department in computer aided design and drafting (CADD) format to the satisfaction of the City Engineer. The standard file format is AutoCAD Release 2007, or latest version, having the extension "DWG". All layering and linotype conventions are AutoCAD-based (latest version available upon request from the Public Works Department). The CADD files shall be submitted to the City at the time plans are approved, and updated CADD files reflecting "as built" conditions shall be submitted once all construction has been completed. No project bonds will be released until acceptable "as built" CADD files have been submitted to the City. 6.17 An adequate size trash enclosure with solid metal, self-closing, self-latching gates is required to be located on the property and maintained in a clean and sanitary condition. Said enclosure shall be screened by a solid wall at a minimum height of six (6) feet. The actual location 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 Works. WATER SERVICES CONDITIONS: 7.1 In accordance with the plans, a backflow prevention device may be required to protect the public water system from cross connections. 7.2 If a double check detector assembly (DCDA) is required, an easement for public utility access purposes must be dedicated to the City of Tustin. The easement shall start from the public right-of-way up to the DCDA with a minimum distance of five (5) feet all around the DCDA to allow for unobstructed access, inspection, testing, and maintenance. 7.3 If a building sprinkler system is required by the Orange County Fire Authority (OCFA), the applicant shall be required to provide a backflow prevention device at his or her expense to prevent cross contamination with the public water system. RON Resolution 4197 DR 2012-002 and CUP 2012-06 Page 7 7.4 If the applicant proposes to use an irrigation system, then a separate water meter may be required. If this is the case, a reduced pressure principle assembly (RPPA) shall be required to prevent cross-connection with the public water system. 7.5 Any easements for construction and maintenance of public water facilities within private property shall be reviewed and approved by the Public Works Department prior to recordation with the Orange County Clerk-Recorder. The applicant shall submit a legal description and sketch of the area to the Public Works Department for review and approval, as prepared by a California Registered Civil Engineer or California Licensed Land Surveyor, 7.6 The applicant is responsible for all costs related to the installation, upgrade, alteration, relocation or abandonment of all existing City of Tustin public water facilities affected by the proposed project. 7.7 Prior to issuance of an encroachment permit or receiving water service from the City of Tustin, the applicant shall provide a written release/approval from the East Orange County Water District (EOCWD). The applicant shall submit a water permit application to EOCWD, and is responsible for all application, connection and other EOCWD fees. 7.8 The adequacy of a proposed water system plan for a proposed development project, including the number, size and distribution of fire hydrants, must be reviewed by the Orange County Fire Authority (OCFA). Plans meeting OCFA fire protection requirements must be stamped and approved by that agency. 7.9 The proposed domestic water system plans must conform to all applicable regulations enforced by the Orange County Health Department. MISCELLANEOUS CONDITIONS: 8.1 Construction and Demolition Waste Recycling and Reduction Plan (WRRP). A. The applicant/contractor is required to submit a WRRP to the Public Works Department. The WRRP must indicate how the applicant will comply with the City's requirement (City Code Section 4351, et al) to recycle at least 50% of the project waste material. B. The applicant will be required to submit a $50.00 application fee and a cash security deposit. Based on the review of the submitted Waste Management Plan, the cash security deposit will be determined by the Public Works Department in an amount not to exceed 5% of the project's valuation. Resolution 4197 DR 2012-002 and CUP 2012-06 Page 8 C. Prior to issuance of any permit, the applicant shall submit the required security deposit in the form of cash, cashier's check, personal check, or money order made payable to the "City of Tustin". 8.2 Prior to issuance of a Building Permit, payment of the most current Major Thoroughfare and Bridge Fees (for the Foothill/Eastern Transportation Corridor Agency (TCA)) to the City of Tustin (through the Public Works Department) shall be required. The fee rate schedule automatically increases on July Vt of each year. 8.3 Prior to issuance of a Building Permit, the applicant shall provide written approval from the Orange County Sanitation District (OCSD) for service connections to the Public Works Department. ARCHITECTURE 9.1 All final exterior colors and textures shall be subject to review and approval of the Community Development Department and final inspection. Colors, materials, and textures shall be noted in construction plans. 9.2 All rooftop mechanical and electrical fixtures and equipment shall be adequately screened subject to review and approval by the Community Development Department. The screen shall be included as an element of the overall design of the project and blend with architectural design of the building. All electrical, mechanical, and electrical fixtures shall be depicted and noted on the construction drawings. 9.3 All exterior on-site light fixtures shall consist of decorative fixtures compatible with the Old Town theme and architecture of the building. Colored cut-sheets shall be submitted for review and approval. All light fixtures shall be subject to review and approval of the Community Development Director. 9.4 The applicant shall obtain a permit for future installation of signs on the building. Any sign proposal shall conform to Section 9401 of the Tustin Sign Regulations. In addition, the location, placement, size, number, and sign details shall be subject to the discretion of and approval by the Community Development Director. 9.5 Prior to the issuance of building permits, the applicant shall ensure that the final treatment/details of all building elevations and architectural plan details shall be subject to review and approval by the Community Development Department. Resolution 4197 DR 2012-002 and CUP 2012-06 Page 9 LANDSCAPING/ HARDSCAPE 10.1 Submit at plan check complete detailed landscaping and irrigation plans for all landscaping areas consistent with adopted City of Tustin Landscaping requirements. The plans shall include the following: A. Several small specimen trees shall be planted in the landscape planter along the easterly property line. Planting size, number, and type shall be subject to review and approval by the Community Development Director. B. All landscaping must be irrigated and maintained in perpetuity for the lifetime of the project. Final planting size, number, and type for the plant materials along the south property line shall be subject to review and approval by the Community Development Director. C. The applicant shall submit a revised materials board identifying the type, color and texture of the proposed decorative pavers subject to review and approval of the Community Development Director. D. Include a summary table identifying plant materials. The plant table shall list botanical and common names, sizes, spacing, location, size and quantity of the plant materials proposed. Planters should not include grass, but shrubs, groundcover and trees. Shrubs shall be a minimum of five (5) gallon size and shall be placed a maximum of five (5) feet on center. E. Show all property lines on the landscaping and irrigation plans, public right-of- way areas, sidewalk widths, parkway areas, and wall locations. F. The Community Development Department may request minor substitutions of plant materials or request additional sizing or quantity of materials during plan check. G. Add a note that coverage of landscaping and irrigation materials is subject to inspection at project completion by the Community Development Department. H. All plant materials shall be installed in a healthy vigorous condition typical to the species and shall be maintained in a neat and healthy condition. Maintenance includes, but is not limited to, trimming, weeding, removal of litter, fertilizing, regular watering, and replacement of diseased or dead plants. 10.2 The applicant shall make every effort to retain the existing ficus tree located in the City right-of-way. In the event the trees cannot be saved, any proposal for replacement shall be a size and specimen (i.e. Tabebula Avellanedae) acceptable to the City Engineer/Public Works Director. Resolution 4197 DR 2012-002 and CUP 2012-06 Page 10 USE RESTRICTIONS 11.1 In the event that the City implements programs and regulations to create a parking assessment district(s), the property owner and all successors in interest shall not contest and must participate in the implementation of such programs and regulations. 11.2 No outdoor storage is permitted, except as approved by the Tustin Community Development Director. 11.3 The authorization to serve alcoholic beverages on-site is subject to the use remaining as a restaurant. Any change to the use shall require review and approval by the Community Development Director. This approval authorizes a Type 47 ABC License (on-site general sales) in conjunction with a bona fide public eating place. Any changes and/or upgrades to the Alcoholic Beverage Control License shall be reviewed and approved by the Community Development Director. 11.4 Business hours are limited to the following: 11:00 PM during weekdays and until 12:00 AM on weekends Sales of alcohol shall be limited to the hours when food is available. to the hours of operation may be approved by the Community Director if it is determined that no impacts to the surrounding tenant! will occur. Modifications BEEN Development or properties 11.5 No off-site sale or consumption of alcohol is authorized, except partially consumed bottles of wine as authorized in Business and Professions Code Section 23396.5. 11.6 The menu of the restaurant shall consist of foods that are prepared on the premises. 11.7 Any cocktail lounge or bar area within the restaurant shall function as a food and beverage service bar. 11.8 Any live entertainment provided at the project site shall comply with TCC Section 3231 et seq. regarding Live Entertainment. 11.9 All persons serving alcoholic beverages within a restaurant establishment must be 18 years of age or older and supervised by someone 21 years of age or older. The supervisor shall be present in the same area as point of sale. 11.10 The gross annual sales receipts shall be provided upon request to the Community Development Department. To verify that the gross annual sale of food exceeds the Resolution 4197 DR 2012-002 and CUP 2012-06 Page 11 IN RINNEW gross annual sales, an audited financial statement shall be provided for review and I approval by the Community Development Director annually. If the audited financial statement demonstrates that the sale of alcohol exceeds the sale of food, the sale of alcoholic beverages shall cease immediately. 11.11 "No Loitering" signs shall be placed near the entrance on the outside of the premises or in other specified locations where alcoholic beverages are sold. 11.12 Business operations shall be conducted in a manner that does not create a public or private nuisance. Any such nuisance must be abated immediately upon notice by the City of Tustin. FEES 12.1 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. B. Orange County Fire Authority plan check and inspection fees to the Community Development Department. C. Private improvement plan check and permit fees to the Community Development Department. D. 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. School facilities fee to Tustin Unified School District based upon the most current schedule. Proof of payment shall be provided to the Community Development Department prior to issuance of building permits. G. 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. H. Applicable parking fees as required by Ordinance No 1416. 1. Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a Resolution 4197 DR 2012-002 and CUP 2012-06 Page 12 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 the 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.