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01 CUP 97-028 DR 97-036 12-7-99
DATE: DECEMBER 7, 1998 NO. 1 12-7-98 In t e r-C o rn TO: FROM' SUBJECT: WILLIAM A. HUSTON, CITY MANAGER COMMUNITY DEVELOPMENT DEPARTMENT PUBLIC HEARING FOR CONDITIONAL USE PERMIT 97-028 & DESIGN REVIEW 97-036 SUMMARY: Conditional Use Permit (CUP) 97-028 and Design Review 97-036 are requests to dentolish a vacant 4,400 square foot bank building and construct a 4,000 square foot fast food restaurant with drive-thru service within the Ralphs Center at 14601 Red Hill Avenue. The property is located within the Central Commercial (C-2) Zoning District. On July 13, 1998, the Planning Commission approved CUP 97-028 and DR 97-036. On July 20, 1998, the City Council appealed the Planning Commission's decision on the project. At the September 8, 1998, City Council meeting, the applicant proposed a revised site plan for the project which the Council remanded back to the Planning Commission for review and comment. On November 9, 1998; the Planning Commission recommended that the City Council certify the Mitigated Negative Declaration and approve the revised project. Applicant: Masroor Batla, Batla Food Group RECOMMENDATION Pleasure of the City Council PLANNING COMMISSION RECOMMENDATION On November 9, 1998, the Planning Commission recommended that the City Council adopt the Mitigated Negative Declaration and approve the revised project. A copy of the November 9, 1998, Planning Commission report and minutes are included as Attachment B. Planning Commission Resolution Nos. 3628 and 3629 are included as Attachment C. FISCAL IMPACT The applicant paid the-application fees associated with the processing of these permits. BACKGROUND/DISCUSSION Issues and Responses The applicant proposes to demolish a vacant 4,400 square foot bank building and construct a Burger King fast-food restaurant with an indoor playland and drive-thru facility on the 30,000 square foot site in the southeast corner of the Ralphs Center (see Location Map). Tustin City Code City Council Report CUP 97-028 & DR 97-036 December 7, 1998 Page 2 Section 9233c(g) allows restaurants with drive-thru service in the C-2 zoning district subject to approval of a Conditional Use Permit. Prior to and during previous Planning Commission and City Council hearings on this project, written and verbal testimonY regarding concems over the project has been given by residents of the Tustin Greens Townhome Complex and the Tustin Meadows development across Red Hill Avenue from the center. To address these concerns, the applicant modified the plans (Attachment D) to incorporate the following: . The residents noted potential traffic safety and volume impacts as concerns. The drive-thru lane was re-configured and screened to minimize potential impacts (see Attachment D - Site Plan). The entrance to the drive-thru facility is proposed from an exclusive drive-thru lane on the west side of the proposed restaurant. The twelve foot wide drive-thru lane will direct'vehicles south, then east where the pick-up window is located, and then to the exit at the northeast comer of the building. The drive-thru lane exit is proposed to be limited to left turn only. A planter island and landscaping are proposed to be installed south of the drive-thru lane along the building and extended eastward to connect with the planter island along Red Hill Avenue to direct drive-thru customers north away from the southernmost center drive entrance, which abuts a driveway entrance for the Tustin Greens Community. The applicant also proposes to utilize a two-window ordering system with a menu board for ordedng and separate windows for paying and picking up food. The configuration of the drive-thru lane enables three vehicles to stack or queue in front of the menu board and three additional vehicles to stack from the menu order board to the pick-up window. . Residents cited the potential for increased noise asa concern. The site plan was re- configured, to maximize the suppression of noise from the drive-thru operations. At the southern property line is an existing six (6) foot tall masonry wall that will be raised to six foot eight inches (6'8") in height. Twenty (20) feet from the masonry wall is an eleven foot, six inch (11'6") wide planter island extending the length of the building. A row of 15 gallon Italian Cypress trees and various privet shrubs are proposed for the planter. Also to be included in the planter is an additional six (6) foot tall masonry wall across from the pay and pickup windows that would wrap around the southwestern corner of the drive- thru aisle to attenuate operational sound (see Attachment D, Wall Profile). To minimize the potential for echo or reverberation effects from any operational sound in the drive- thru lane, additional shrubbery would be planted along the building side of the wall and vines would be draped over the wall. The speakers for the menu board are proposed to be mounted behind the masonry wall approximately sixty (60) feet from the property line to the south, and oriented to project sound away from the adjacent residences. A noise study was prepared (Exhibit 1 to Initial Study - Attachment F) based on the revised plan. The study determined that the project is not anticipated to generate noise exceeding the standards of the City of Tustin Noise Ordinance. According to the Tustin Noise Ordinance (Tustin City Code Section 4614), the noise level generated by a commercial activity, such as the proposed menu board loudspeaker and vehicle movements, may not exceed the following noise levels when measured at a residential property line: City Council Report CUP 97-028 & DR 97-036 December 7, 1998 Page 3 · 55 dB(A) for a cumulative period of more than 30 minutes in any hour (L$0) during daytime hours (7:00 a.m. to 10:00 p.m.); and, · 50 dB(A) for a cumulative period of more than 30 minutes in any hour (Lso) during nighttime hours (10:00 p.m. to 7:00 a.m.). If the noise consists of speech or music, these standards are reduced by 5 dB. Thus, for the proposed menu board loudspeaker, the daytime standard is 50 dB(A) and the evening standard is 45 dB(A). The noise study utilized measurements taken from existing drive-thru restaurants to establish operational levels. When applied to the proposed site plan, the n°ise study determined that drive-thru operations would generate a noise level of no more than 45 dB(A) at the adjacent residential property line during any time. Conditions 4.15, 6.1, 6.2, 6.3, 8.1, and 8.3 of Resolution 98-111 are operational conditions to control noise levels associated with this project. , The potential for light and glare impacts to the residential properties was a concern noted by the residents. To minimize light and glare, wall mounted fixtures are proposed to be directed at a 90 degree angle directly upward or downward. Parking area lights will be on a 19 foot high pole and project light directly downward, similar to the single fixture over the handicapped parking stalls in front of the Ralphs. All lighting will provide a minimum of one (1) footcandle of light coverage per the City's Security Code (see Condition 4.5). . The residents noted the potential for the presence of grease and charbroil odors. To control smoke and odors, Best Available Control Technology (BACT) - Certified emission control devices are proposed to be installed on all cooking and exhaust equipment to comply with Southern California Air Quality Management District standards for smoke, odor and particulate generation (Condition 4.2). o Residents were concerned about the potential for trash accumulation within the Tustin Greens complex. To minimize trash and debris, trash receptacles are proposed to be placed inside each exit from the dining and play areas of the restaurant. Employees will be required to collect trash and debris at regular intervals and following peak periods (Conditions 2.15 and 8.4). o Increased foot traffic through the complex by non-residents was also a concern raised by the Tustin Greens residents. To reduce the potential for this type of activity, the solid masonry wall between the center and the residential complex currently varies in height from five (5) feet to six (6) feet above grade measured from the shopping center property. The revised project increases the height to a uniform six foot eight inches (6'8") above grade on the shopping center property. As there is a two foot height difference between the center and the residential complex, the wall will measure eight foot eight inches (8'8") from the residential property and may discourage foot traffic through the complex. On November 20, 1998, Mr. Jack Tallman sent a letter in support of the project (Attachment E). Mr. Tallman is a resident of the Tustin Meadows residential community located across Red Hill Avenue from the project site. · City Council Report CUP 97-028 & DR 97-036 December 7, 1998 Page 4 Environmental Documentation Attachment F is the Initial Study/Negative Declaration prepared for this project. Notice of the Negative Declaration public comment period was provided from October 20, 1998, through the Planning Commission and City Council meetings. To reduce project impacts to a level of insignificance, mitigation .measures for land use and planning, energy and mineral conservation, geology, water, air quality, transportation, hazards, noise, and aesthetics are included in the Initial Study/Negative Declaration and have been incorporated into Resolution No. 98-111 as conditions of approval. CITY COUNCIL ALTERNATIVES . Uphold the Planning Commission's decision by adopting Resolution Nos. 98-110 and 98- 111, adopting the Mitigated Negative Declaration and approving the project respectively; or, 2. pre Assistan BE:cup97028ccreport2nd.doc Direct staff to pare a resolution of denial. Karen Peterson Acting. Senior Planner Attachments: A- Location Map . B- November 9, 1998 Planning Commission Report and Minutes C - Planning Commission Resolution Nos. 3628 and 3629 D - Submitted Plans E - Correspondence from Adjacent Residents F - Negative Declaration G - City Council Resolution Nos. 98-110 and 98-111 ATTACHMENT A LOCATION MAP LOL;ATI 0 N MAP / [ ,% WALNUT AVNEUE · g g VILLA DE 146_1o ~ . 14621 ,' ~ : 14622 14641 14641, i 14642 · ,, · 14651 14651 ! ~" 14652 , i14682 i 14692 14681 : 14682 !o. · -J , · , I I 14731 : : 147.32 14661 14691 14711 HACIENDA 14641 < 14642 ,, 146611~i14662. 14681 . : 14682 I 14691~\14692 ~ 14701 i ' 1470:2 SYCAMORE AVENUE 8RIA RICDODS SAINr CECILIA'S 14501 14511 14521 14525 145.~5 14541 14551 14561 14565 14571 14575 14581 14585 14591 ATTACHMENT B PLANNING COMMISSION REPORT AND MINUTES NOVEMBER 9, 1998 Report to t'he Planning Co DATE: SUBJECT: OWNER/ APPLICANT: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: mmission NOVEMBER 9, 1998 PUBLIC HEARING FOR CONDITIONAL USE PERMIT 97-028 AND DESIGN REVIEW 97-036 JILL RICHTER RICHTER FARMS TRUST 5505 GARDEN GROVE BLVD. #150 .WESTMINSTER, CA 92683 MASROOR A. BATLA BATLA FOOD GROUP 8001 IRVlNE CENTER DRIVE, #1150 IRVINE, CA 92618 14601 RED HILL AVENUE CENTRAL COMMERCIAL (C-2) A NEGATIVE DECLARATION HAS BEEN PREPARED IN CONFORMANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). THE APPLICANT PROPOSES TO DEMOLISH AN EXISTING BANK BUILDING AND ESTABLISH A 4,000 SQUARE FOOT FAST FOOD RESTAURANT WITH DRIVE-THRU OPERATIONS WITHIN A COMMERCIAL CENTER. ALTERNATIVE RECOMMENDED ACTIONS , . Recommend approval of the Environmental Determination for the project to the City Council by adopting Resolution No. 3628 and recommend approval of Conditional Use Permit 97-028 and Design Review 97-036 to the City Council by adopting Resolution No. 3629; or, · Direct staff to prepare a Resolution with appropriate findings recommending that the City Council deny Conditional Use Permit 97-028 and Design Review 97-036. Planning Commission Report CUP 97-028 and DR 97-036 November9, 1998 Page 2 BACKGROUND The applicant proposes to demolish a vacant 4,400 square foot bank building and construct a Burger King fast-food restaurant with an indoor playland and drive-thru facility on the 30,000 square foot site in the southwest corner of the Ralphs Center. Tustin City Code Section 9233c(g) allows restaurants with drive-thru service in the C-2 zoning district subject to approval of a Conditional Use Permit. This item was approved by the Planning Commission on July 13, 1998, and the City Council appealed the item at the. July 20, 1998, City Council meeting. At the September 8, 1998, City Council meeting, the applicant proposed a revised site plan for the project which the Council remanded back to the Planning Commission for review and comment. A copy of the September 8, 1998, City CoUncil report and minutes are included as Attachment B. .. Prior to and during previous Planning Commission and City Council hearings on this project, written and verbal testimony regarding concerns over the project has been given by residents of the Tustin Greens Townhome Complex and the Tustin Meadows development across Red Hill Avenue from the center. Specific concerns included: 1. The potential for the presence of grease and charbroil odors; . The potential for trash accumulation within the complex; 3. Traffic safety and volume impacts; 4. The potential for light and glare impacts to the residential properties; 5. Noise impacts from cars using the drive-thru aisle at night; and, 6. Increased foot traffic through the complex by non-residents. To address these concerns, the proposal includes the following: 1. The applicant has agreed to install Best Available Control Technology (BAC'I') - certified emission control devices on all cooking and exhaust equipment that complies with Southern California Air Quality Management District standards for smoke, odor and particulate generation. . Trash receptacles will be 'placed inside every exit from the dining area and the play area, and employees will be required to collect trash and debris at regular intervals and following peak periods. Planning Commission Report CUP 97-028 and DR 97-036 November9, 1998 Page 3 . The drive-thru lane exit will be limited to left turn only. The planter island and landscaping south of the drive-thru lane are to be extended eastward to connect with the planter island along Red Hill Avenue to direct drive-thru customers north away from the southernmost center drive entrance. Said extension will be designed to the satisfaction of the City Engineer, o The lighting fixtures proposed are to be modified to be decorative in design and. consistent with the architecture of the building. Wall mounted fixtures will be directed at a 90 degree angle directly upward or downward. Parking area lights will be on a 19 foot tall pole and project light directly downward, similar to the single fixture over the handicapped parking stalls in front of the Ralphs. All lighting will be developed to provide a minimum of one (1) footcandle of light coverage, in accordance with the City's Security Code. o The drive aisle south of the building has been reduced in size from twenty-five (25) feet in width to twenty (20) feet in width to allow for the construction of a planter island along the southern edge of the drive-thru aisle extending from the western edge of the drive-thru aisle to the planter adjacent to the sidewalk along Red Hill Avenue. Italian Cypress or other similar trees and hedgerows will be planted within the island to buffer sound and provide more vertical screening. In addition, a six (6) foot high sound wall extending from the pickup windows around the southwestern edge of the drive aisle would be placed within the island to attenuate operational noise from the drive-thru. Vines are to be draped over the wall to reduce echo effects, and dense, hedgerows are also to be planted adjacent to the wall. 6. The speakers associated with the menu board operation have been relocated and oriented away from the adjacent residential uses. Site and Surrounding Properties The Ralphs Center is located at the southwest corner of Red Hill and Walnut Avenues. The restaurant site is located adjacent to Red Hill Avenue in the southeast corner of the site (see Location Map). Ralphs and other inline tenants are located to the west of the proposed restaurant and a Chevron service station is located to the north. A multiple family residential development is located to the south and a single family residential development is located to the east across Red Hill Avenue. Multiple family residences are located to the west behind the Ralphs and to the north across Walnut Avenue. DISCUSSION The discussion that follows includes analyses of the proposed site plan/development. standards, parking/circulation, noise, landscaping/architecture, signs, and environmental documentation. Planning Commission Report CUP 97-028 and DR 97-036 November 9, 1998 Page 4 Site Plan~Development Standards As mentioned eadier, the restaurant site is located in the southeast comer of the center (see Attachment C, Site Plan/Floor Plan). Immediately south of the building and drive-thru aisle is a two-way ddve aisle that provides access from Red Hill Avenue to the center. Parking for the restaurant and surrounding uses is located to the west and north of the project site. The restaurant building consists of three sections: the kitchen at the western end, the dining area in the middle, and the play area at the eastern end. A total of 60 seats are proposed for the main dining area and 39 seats are proposed for use in conjunction with the 1,200 square foot enclosed play area, for a total of 99 seats. Tustin City Code Section 9233(B) allows a maximum building height of 50 feet within the C-2 Zone and requires a minimum 10 foot Side yard setback when the property abuts a residentially zoned parcel. The kitchen portion of the building is 21 feet in height and the dining area is approximately 19 feet in height. The play area at the southern end of the building will have a tower element of approximately 26 feet in height. The building is proposed to be setback 51 feet from Red Hill Avenue and occupy approximately the same footprint as the existing vacant bank building. The drive-thru aisle is 31 ¼ feet and the building is 45 feet from the southem edge of the center, which abuts the multiple family development. Parking and Circulation Access to restaurant parking is proposed from existing driveway locations on Red Hill Avenue. The proposed use would add a total of 1,054 Average Daily Trips (ADT) to the section of Red Hill Avenue between Sycamore and Walnut Avenues. This project is not anticipated to cause a decline in the Level of Service on this section of Red Hill Avenue. The majority of the trips generated for the restaurant will occur during the noon hours · when Red Hill Avenue is not carrying a peak load of traffic. Parking fo~' the project is proposed primarily to the north of the restaurant with supplemental parking spaces located to the west. Parking for fast food restaurants is required at a rate of 1 space for every.3 seats; therefore, the proposed restaurant will require a minimum of 33 parking spaces. There are currently 277 parking spaces provided within the center. Based upon the original approvals for the center from 1969- 1970, the building at 14601 Red Hill was allocated 20 parking spaces of the total provided, at a ratio of 1 space per 250 square feet of floor area. The applicant is required to provide 13 additional parking spaces to accommodate the proposed use, for a total of 286 parking spaces within the center. The parking lot will be restriped to provide a total of 290 spaces. As the existing parking lot striping throughout the center is in poor condition, Condition No. 5.3 has been included to require that the entire parking area be slurry sealed and restriped. The entrance to the drive-thru .facility is proposed from an exclusive drive-thru lane on the west side of the proposed restaurant. The twelve foot wide drive-thru lane will direct vehicles south, then east where the pick-up window is located, and then to the exit at the Planning Commission Report CUP 97-028 and DR 97-036 November 9, 1998 Page 5 northeast corner of the building. The. exit is configured to direct traffic away from the driveway at the southern edge of the center which abuts another driveway used by the adjacent multiple-family residential complex. The applicant proposes to utilize a two- window ordering system with a menu board for ordering and separate windows for paying and picking up food. The configuration of the drive-thru lane enables three vehicles to stack or queue in front of the menu board and three additional vehicles to stack from the menu order board to the pick-uP window. Noise The site plan is configured to maximize the suppression of noise from the drive-thru operations. At the southern property line is an existing six (6) foot tall masonry wall that will be raised to six foot eight inches (6'8") in height. Twenty (20) feet from the masonry wall is an eleven foot, six inch (11'6") wide planter island extending the length of the building. A row of 15 gallon Italian Cypress trees and various privet shrubs is proposed for the planter. Also to be included in the planter is an additional six (6) foot tall masonry, wall across from the pay and pickup windows that would wrap around the southwestern cOrner of the drive-thru aisle to attenuate operational sound (see Attachment C, Wall Profile). To minimize the potential for echo or reverberation effects from any operational sound in the drive-thru lane, additional shrubbery would be planted along the building side of the wall and vines would be draped over the wall. The speakers for the menu board are mounted behind the masonry wall approximately Sixty (60) feet from the property line to the south, and oriented to project Sound away from the adjacent residences. The drive-thru operation will require the use of a loudspeaker system for receiving food orders at the menu board. This activity along with the customer interaction at the pay and pickup windows has the potential to create noise impacts on the adjacent residential properties. Further, customers waiting in the drive-thru lane also have a tendency to increase noise levels with idling vehicles and radios. To determine the extent of potential noise impacts to the .adjacent residential property, a noise study was prepared (Exhibit 1' to Initial Study - Attachment D). The study determined that the project is not anticipated to generate noise exceeding the standards of the City of Tustin Noise Ordinance. According to the Tustin Noise Ordinance (Tustin City Code Section 4614), the noise level generated by a commercial activity, such as the proposed menu board loudspeaker and vehicle movements, may not exceed the following noise levels when measured at a residential property line: · 55 dB(A) for a cumulative period of more than 30 minutes in any hour (L50) during daytime hours (7:00 a.m. to 10:00 p.m.); and, · 50 dB(A) for a cumulative period of more than 30 minutes in any hour (Lso) during nighttime hours (1.0:00 p.m. to 7:00 a.m.). If the noise consists of speech or mu'src, these standards are reduced by 5 dB. Thus, for the proposed menu board loudspeaker, the daytime standard is 50 dB(A) and the Planning Commission Report CUP 97-028 and DR 97-036 November 9, 1998 Page 6 evening standard is 45 dB(A). The noise study utilized measurements taken from existing drive-thru restaurants to establish operational levels. When applied to the proposed site plan, the noise study determined that drive-thru operations would generate a noise level of no more than 45 dB(A) at the adjacent residential property line during any time. Conditions 4.15, 6.1, 6.2, 6.3, 8.1, and 8.3 have been included in the Mitigated Negative Declaration and would be operational conditions to control noise levels associated with this project. Architectural Design/Landscape/Hardscape The architectural design of the Project is generally consistent with the design themes within the Center (see Attachment C, Elevations). The building will be predominantly a light beige stucco plaster, similar in shading to the existing buildings within the center. A darker tan stucco will be used for reveal/trim details. The tower element will have large, arched glass areas and column fascia elements at the building section corners. Deep cherry red tile accents will be placed upon the column elements. The building is proposed to have a predominantly fiat-roof with cornice moldings painted beige over the cooking area, a mansard roof element over the dining area with grey tile roofing material, and a Iow-rise pitched roof with a 'cornice element over the play area tower. As noted previously, the building would be screened from the adjacent multiple family residential properties to the west by an existing six (6) foot tall masonry block wall that would be raised up to six feet eight inches (6'8") in height along the shopping center's property. As there is a grade separation between the center and the adjacent residential development, the wall measures approximately two feet taller from the residential property. The plant palette includes maintaining the existing street trees along Red Hill Avenue and adding additional Texas Privet (Ligustrum) shrubbery to the planter island (see Attachment C,. Landscaping Plan). The building and drive-thru lane are to be screened with a variety of shrubs, including Texas Privet, Heavenly Bamboo, Wheeler's Dwarf, and Pink Princesses. The planter adjacent to the drive-thru aisle is proposed to include Italian Cypress or similar trees placed five feet on center to provide an effective screen. At the eastern end of the planter island wall, earthen mounding is proposed to provide additional screening. As part of the parking lot restriping, Condition 5.3 requires the applicant to install a minimum of three (3)"diamond" planters with trees to increase the amount of landscaping in the main parking area (see Attachment C for Landscaping Plan). A trash enclosure is to be constructed adjacent to the drive-thru entrance, and Condition No. 2.13 requires approval of the unit's size, location and configuration by Great Western Reclamation. To limit the potential for 'accumulation of litter and odors associated with trash accumulation, Condition 2.14 requires the applicant to place trash receptacles adjacent to all building exits in the dining and play areas and Condition 8.4 requires employees to pick up accumulated litter from the restaurant site at regular intervals and after each peak meal period. Planning Commission Report CUP 97-028 and DR 97-036 November 9, 1998 Page 7 Exterior lighting for the project will consist of light standards mounted in the parking lot and wall-mounted fixtures. The parking area lights are to be 19 foot tall standards with fixtures that project light directly downward, similar to the single fixture over the handicapPed parking stalls in front of the Ralphs. Condition 4.3 is included to require that all wall-mounted lighting consist of decorative fixtures that project light directly downward, subject to approval of the Community Development Department. In accordance with the City's Security Code, all lighting shall be developed to provide a minimum of one (1) foot- candle of light coverage. To control odor and smoke/particulate emission, Condition 4.2 has been included requiring the applicant utilize Best Available Control Technology (BACT)-Certified devices on all cooking and exhaust equipment in accordance with SCAQMD standards. Signs The City of Tustin Sign Code allows free-standing tenants within a commercial center to have one primary wall sign up to a maximum of 75 square feet of sign area and up to two secondary signs up to a maximum of 25 square' feet of area each. The applicant is showing conceptual plans for three signs to be mounted on the north, south, and east elevations of the tower element. No dimensions are provided on the plans to determine conformance with the City's Sign Code. Condition 3.1 has been included to require that all signage comply with the Tustin Sign Code. Environmental Documentation Attachment D is the Initial Study/Negative Declaration prepared for this project. Notice of the Negative Declaration public comment period was provided from October 20, 1998, through the Planning Commission and City Council meetings. To reduce project impacts to a level of insignificance, mitigation measures for land use and planning, energy and mineral conservation, geology, water, air quality, transportation, hazards, noise, and aesthetics are included in the Initial Study/Negative Declaration and have been incorporated into Resolution No. 3629 as 'conditions of approval. Assistant P nel'g-~.~.~~ BE:cup97028pcreport2nd.doc Karen Peterson Acting Senior Planner Attachments: A - Location Map B - September 8, 1998 City Council Report and Minutes C - Submitted Plans D - Negative Declaration E - Resolution Nos. 3628 and 3629 Planning Commission M~,...,es November 9, 1998 Page 5 Commissioner Davert moved, Commissioner Jones seconded, to adopt ResOlution No. 3625 recommending that the City Council approve the environmental determination for the project. Motion carried 5-0. Commissioner Davert moved, Commissioner Jones seconded, to adopt Resolution No. 3626 recommending that the City Council approve Zone Change 98-002. Motion carried 4-1. Commissioner Browne was opposed. m Conditional Use Permit 97-028 And Design Review 97-036 a request to demolish an existing bank building and establish a 4,000 square foot fast food restaurant with drive-thru operations within a commercial center. The project is located at 14601 Red Hill Avenue within the Central Commercial (C-2) zoning district. OWNER/ JILL RICHTER RICHTER. FARMS TRUST APPLICANT: MASROOR A. BATLA BATLA FOOD GROUP Alternative Recommended Actions a, Recommend approval of the Environmental Determination for the project to the City Council by adopting Resolution No. 3628 and recommend approval of Conditional Use Permit 97-028 and Design Review 97-036 to the City Council by adopting Resolution No. 3629; or, bo Direct staff to prepare a Resolution with appropriate findings recommending that the City Council deny Conditional Use Permit 97-028 and Design Review 97-036. The Public Hearing opened at 7:22 p.m. Bradley Evanson presented the subject project. -Cora Newman, Government Solutions, noted changes to the site plan to address the residents' concerns and' that the site plan is greatly improved. Chairperson Pontious asked for the ambient noise reading. Masroor Batla, applicant, responded that the average is currently 50. Planning Commission M~nutes November 9, 1998 Page 6 James Campbell, Tustin Greens resident, stated his concerns with traffic, odors and increase in accidents. Chairperson Pontious asked Doug Anderson if staff could re-examine the issue if the traffic pattern were to change. Doug Anderson, Traffic Engineer, answered affirmatively. Carla Brame, Tustin Greens resident, stated her opposition to the drive-thru and in particular she opposed the project due to traffic, noise and light. Suanne Honey, Tustin Greens resident, stated her opposition to the project due to noise and traffic. Janis Eason, Tustin Greens resident, stated her opposition to the project due to the increase in traffic and noise. Vicki Manley, Tustin Greens resident, stated her opposition to the project due to the close proximity to a residential development and will hurt the value of their homes. The Public Hearing closed at 8:02 p.m. Commissioner Kozak asked staff to address the residents' concerns about increased traffic. Doug Anderson responded that the project would create 1,050 new trips daily and staff looked at the worst case scenario and distributed all 1,050 trips to the driveway in question and traffic generated will not deteriorate the current level of service on Redhill Avenue. Commissioner Jones asked if the driveway adjacent to the wall .was essential to on-site circulation and could it be used for inbound traffic only. Doug Anderson responded that the driveway could be inbound only but the only left-turn egress from the shopping center is at that location and the ability to make turning movements into and out of the shopping center would be inhibited. Commissioner Davert noted that he met with the applicant and believes the new site plan addresses the concerns of the residents, the center needs investment and further noted that the previous bank building operated a 24-hour drive-thru atm. Planning Commission M~,._.,es November 9, 1998 Page 7 Commissioner Browne noted that he contacted the property manager about the possibility of relocating the project to the north and requested the manager to speak to this matter. The Public Hearing reopened at 8:09 p.m. Bill Garrett, representative of the property owner and property manager, stated that Ralphs' lease states that they have approval for any changes to the center and they would not approve such a change. The Public Hearing closed at 8:12 p.m. Commissioner Kozak stated that he believed the applicant had made much effort to mitigate the residents' concerns and the project would stimulate the center. Chairperson Pontious commended the applicant for their efforts. Commissioner Davert moved, Commissioner Jones seconded, to recommend approval of the Environmental Determination for the project to the City Council by adopting Resolution No. 3628 and recommend approval of Conditional Use Permit 97-028 and Design Review 97-036 to the City Council by adopting Resolution No. 3629. Motion carried 5-0. Conditional Use Permit 98-024 a request for approval of a master sign plan for Enderle Center including the addition of center identification monument signs and on-site directional signs. The project is lOcated at 17260 East 17~ Street within the Planned Community Commercial zoning district. APPLICANT/ PROPERTY OWNER: EMS DEVELOPMENT CO. MAURICE ENDERLE Recommendation That the Planning Commission adopt Resolution No. 3630 approving Conditional Use Permit 98-024. The Public Hearing opened at 8:17 p.m. Bradley Evanson presented the subject report. ATTACHMENT C PLANNING COMMISSION RESOLUTION NOS. 3628 AND 3629 ]0 14 ]6 ]? ]8 2O 24 2'/ RESOLUTION NO. 3628 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL CERTIFY THE FINAL NEGATIVE DECLARATION AS ADEQUATE FOR CONDITIONAL USE PERMIT 97-028 AND DESIGN REVIEW 97-036 AND ALL FEASIBLE MITIGATION MEASURES HAVE BEEN INCORPORATED AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. The Planning Commission of the City of Tustin does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That Conditional Use Permit 97-028 and Design Review 97-036 are considered "projects" pursuant to the terms of the California Environmental Quality Act; and Bo A Negative Declaration has been prepared for this project and has been distributed for public review. Co VVhereas, the Planning Commission of the City of Tustin has considered evidence presented b.y the Community Development Director and other interested parties with respect to the subject Negative Declaration. Do The Planning Commission has evaluated the proposed final Negative Declaration and determined that the project is regulatory in nature and therefore, would not have a significant effect on the environment. When individual applications are submitted for consideration, independent environmental review will occur. II. A Final Negative Declaration has been completed in compliance with CEQA and state guidelines. The Planning Commission has received and considered the information contained in the Negative Declaration prior to recommending approval of the proposed project, and found that it adequately discussed the environmental effects of the proposed project. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 9th.day of November, 1998. Chairperson Planning Commission Secretary ]0 14 l? 20 2?- 24 25 26 2? 28 STATE OF CALIFORNIA) COUNTYOF 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. 3628 was duly passed and adopted at a regular meeting of the Tustin. Planning Commission, held on the 9th day of November, 1998. Planning Commission Secretary ]0 ]4 15 17 20 2.] 24 25 28 RESOLUTION NO. 3629 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, RECOMMENDING THAT THE CITY COUNCIL APPROVE CONDITIONAL USE PERMIT 97-028 AND DESIGN REVIEW 97-036, AUTHORIZING THE CONVERSION OF A VACANT BANK BUILDING INTO A FAST FOOD RESTAURANT WITH DRIVE-THRU SERVICE WITHIN AN EXISTING COMMERCIAL CENTER AT 14601 RED HILL AVENUE. The Planning Commission does hereby resolve as follows: The Planning Commission finds and determines as follows: Ao That a proper application for Conditional Use Permit 97-028 and Design Review 97-036 was filed by Masroor Batla of the Batla Food Group on behalf of the property owners to request authorization for the conversion of a vacant 4,400 square foot bank building into a 4,000 square foot fast food restaurant with drive-thru service within an existing commercial center located at 14601 Red Hill Avenue, more specifically described as Assessor's Parcel No. 432-171-10. Bo Co That the proposed use is allowed within the C-2 Central Commercial District, with the approval of a Conditional Use Permit (TCC Section 9233(C)(g)). That a public hearing was duly called, noticed and held on said application on November 9, 1998 by the planning Commission. Do That the establishment, maintenance and operation of the uses applied for 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, as evidenced by the following findings: 1) On-site traffic concerns would be mitigated through the separation of the' drive-thru aisle from on-site parking, the exit from the drive-thru aisle which directs traffic away from the southernmost driveway, and the use of informational/directionalsigns. 2) 3) The location of the project site within the center is set back from the primary public access ddves and would not impact the off-site circulation system. Light, glare and noise from the drive-thru facility would be minimized through the height modification to the existing masonry wall along the southern property line, the installation of a masonry wall along the drive-thru aisle, and ]0 ]3 ]4 17 2O 24 Resolution No. 3629 Page 2 4) Eo landscaping improvements. With these improvements, noise levels are not projected to exceed 45 dB(A) at the nearest residential property line. The applicant will complete a noise study evaluating the drive-thru operations and compliance with the City's Noise Ordinance prior to issuance of a Certificate of Occupancy. Within thirty (30) days of issuance of a Certificate of Occupancy, a qualified noise consultant will prepare a noise analysis to demonstrate that the noise levels do not exceed the maximum noise levels allowed by the City's Noise Ordinance. If noise levels exceed the maximum allowable levels, the applicant will be required to implement mitigation measures to bring the restaurant operations into compliance with the City's Noise Ordinance. 5) The use of BACT-Certified emission .control devices on all cooking and exhaust equipment would minimize smoke and odor generation from the restaurant. 6) The hours of 'operation would be limited to 6:00 a.m. to 11:00 p.m., Sunday to Thursday and 6:00 a.m. to 12:00 a.m., Friday and Saturday. 7) The accumulation of litter on site would be controlled by the placement of trash receptacles inside of each building exit and by the requirement for employees to collect litter from around the restaurant site after each peak meal period. Pursuant to Section 9272 of the Tustin Municipal Code, the Commission finds that the location, size, architectural features and general appearance of Design Review 97-036, as conditioned, will not impair the orderly and harmonious development of the area, the present or future development' therein, or the occupancy as a whole. In making such findings, the Commission has considered at least the following items: 1. Height, bulk and area of buildings. 2. Setbacks and site planning. 3. Exterior materials and colors. 4. Type and pitch of roofs. 5. Size and spacing of windows, doors and other openings. ]4 ]5 ]6 17 ]8 20 2] 23 24 2? 28 Resolution No. 3629 Page 3 . . . . Fo Go H. Towers, chimneys, roof structures, flagpoles, radio and television antennae. Landscaping, parking area design and traffic circulation. LOcation., height and standards of exterior illumination. Location and appearance of equipment located outside of an enclosed structUre. 10. Location and method of refuse storage. 11. Physical relationship of proposed structures to existing structures in the neighborhood. 12. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. 13. Proposed signage. 14. Development Guidelines and criteria as adopted by the City Council. A Negative Declaration has been prepared and recommended for certification for this project in accordance with the provisions of the California Environmental Quality Act (CEQA). That the project 'has been reviewed for consistency with the Air Quality Sub-element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub-element. That the project has been reviewed for compliance with the Americans with Disabilities Act of 1990 and it has been determined that dedications of right-of-way at the drive apron and all radius type driveways are necessary for compliance with the requirements of ADA. ]0 ]4 ]5 ]? 2O 24 28 Resolution No. 3629 Page 4 The Planning Commission hereby recommends that the City Council approve Conditional Use Permit 97-028 and Design Review 97-036 to authorize the conversion of a vacant bank building into a 4,000 square foot fast food restaurant with drive-thru service within an existing commercial center located at 14601 Red Hill Avenue, subject to the conditions contained in Exhibit A, attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 9th day of Novembe~..~~ ~~~_ LESLIE A. PONTIOUS .~~,,~.~_~~~_. Chairperson ~LIZABETT-I A. B'IN'SXC~K- Planning Commission Secretary Resolution No. 3629 Page 5 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. 3629 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 9th day of November, 1998. ELIZABETH/~,. BINSACK Planning Commission Secretary ]o ]4 ]5 .16 2O 23 24 2{; 28 GENERAL EXHIBIT A CONDITIONAL USE PERMIT 97-028 AND DESIGN REVIEW 97-036 CONDITIONS OF APPROVAL RESOLUTION NO. 3629 (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped November 9, 1998, on file with the Community Development Department, as herein modified, or unless otherwise indicated, 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 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with prior to the issuance of any building permits for the project, 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 this Exhibit. Time extensions may be considered if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.4 Approval of CUP 97-028 and DR 97-036 is Contingent upon the applicant and property owners signing and returning an "Agreement to Conditions Imposed" form as established by the Community Development Department. (1) 1.5 The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of a challenge of the City's approval of this project. PLAN SUBMITTAL (1)(2) 2.1 At building plan check, submit four (4) sets of plans, two sets of soils reports, structural and energy calculations, specifications and acoustical report. Electrical, mechanical and plumbing plans shall be included. Grading plans, signage plans, and .a Drainage Area Management Plan shall be submitted separately. (1)(2) 2.2 All grading, drainage, vegetation and circulation shall comply with the City of Tustin Grading Manual. All street sections, curbs, gutters, sidewalks, lighting and storm drains shall comply with on-site improvement standards. Any deviations shall be brought to the attention of the Building Official and request for approval shall be submitted in writing prior to any approval. (1)(2) 2.3 The building shall comply 'in all respects with the Building Code, other related codes, City Ordinances, and state and federal laws and regulations, including Title 24.energy conservation requirements. (3) 2.4 Mechanical ventilation shall be provided based on the number of occupants. SOURCE CODES (1) STANDARD CONDITION (S) (2) CEQA MITIGATION (3) UNIFORM BUILDING CODE/S (6) (4) DESIGN REVIEW (7) RESPONSIBLE AGENCY EQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY Exhibit A Resolution No. 3629 Page 2 *** EXCEPTIONS (4)(2) 2.5 (4)(2) 2.6 (3) 2.7 (2) 2.8 (4)(2) 2.9 (4)(2) 2.10 The applicant shall construct a minimum four (4) foot wide sidewalk behind the drive apron.' The maximum cross slope of the sidewalk shall be two percent and the maximum ramp slope of the drive apron shall be ten percent. This will require dedication of additional right-of-way to accommodate the sidewalk construction. A legal description and sketch of the dedication area, prepared by a California Registered Civil Engineer and/or California Licensed Land Surveyor, shall be submitted to the Engineering Division for review and approval..The configuration of the new drive aprons should be shown on the plot plan and landscape plan as this will have an impact on the planter areas adjacent to the drive aprons. 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. Construction or replacement of all missing or damaged public improvements adjacent to this development will be required. A separate 24" x 36" street improvement plan, as prepared by a California Registered Civil Engineer, will be required. Said plan shall show all existing public improvements along with all new construction to include but not be limited to the following: a). b) c) d) e) Curb and gutter Sidewalk/curb ramps Drive aprons (meeting current Federal ADA requirements) Underground utility connections Signing and striping In addition, 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 will be required. Provide complete details for accessible paths of travel throughout the site, including pedestrian Circulation from public right-of-way to the buildings and throughout the new structures. The tenant space, parking spaces, entrances to the building, path of travel from the parking area to the building, and sanitary facilities Shall be accessible to persons, with disabilities. The applicant shall submit for approval by the Community Development and Public Works Departments, a 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: the structural and non-structural measures specified detailing implementation of BMPs.whenever they are. applicable to the project; the assignment of long-term maintenance responsibilities (specifying the developer, parcel owner, maintenance association, lessee, etc.); and, reference to the location(s) of structural BMPs. The site will be designedso that all parking area surface run-off is directed to and picked up by the storm drain system. The applicant shall make use of water conserving plumbing fixtures throughout the building in conformance with the California Health and Safety Code Section 17921.3. ExhibitA Resolution No. 3629 Page 3 (5) 2.11 Prior to submittal to Building plan check, the plans shall be designed to provide that all drive approaches meet current federal ADA requirements. (5)(2) 2.12 Complete the hazardous material questionnaire and the air quality questionnaire and submit to Building Division and the proper agencies. If the answer to any of the questions is "yes", clearances from the Hazardous Material Disclosure Office and from the Air Quality Management District shall be submitted to the Building Division prior to approval. (5)(2) 2.13 All hazardous materials shall be handled and disposed of in accordance with all Orange County Health Care Agency - Environmental Health Division, and Orange County Fire Authority requirements. (5) 2.14 Trash enclosures shall comply with'Great Western Reclamation and City of Tustin standards. (4) 2.15 Trash receptacles shall be placed inside every exit from the dining area and the play area. (3) 2.16 All building locking devices added to the premises shall meet those requirements as set forth in the Building Security Code. SIGNS (4) 3.1 Prior to issuance of a CertifiCate of Occupancy, complete sign plans shall be submitted which address all proposed wall, directional, and address signs. The sign plans shall include dimensions, materials, colors, and method of illumination. The design, size, location, installation and maintenance of said signs shall be in compliance with the Tustin Sign Code. SITE AND BUILDING CONDITIONS (4) 4.1 Provide exact details for exterior doors and window types on construction plans. (2)(5) 4.2 The applicant will be required to install Best Available Control Technology (BAC'I') - certified emission control devices on all cooking and exhaust equipment that complies with Southern California Air Quality Management District standards for smoke, odor and particulate generation. In particular, the applicant shall install Fast Food Broiler Smoke Elimination Catalysts on ali cooking and exhaust equipment. (4) 4.3 All mechanical and electrical fixtures and equipment shall be adequately and decoratively screened. The screen shall be considered as an element of the overall design of the project and shall either blend with the architectural design of the building or be integrated into the landscape design (1). 4.4 All final colors and materials to be used shall be subject to review and approval by the Community Development Department. All exterior treatments shall be coordinated with regard to color, materials and detailing and clearly noted on submitted construction plans and elevations. ExhibitA Resolution No. 3629 Page 4 (4)(2) 4.5 Provide plans and details of all proposed lighting fixtures and a photometric study showing the location and anticipated distribution pattern of light of all proposed fixtures. The fixtures proposed shall be modified to be decorative in design and consistent with the architecture of the building. Wall mounted fixtures shall be directed at a 90 degree angle directly upward or downward. Parking area lights shall be on a 19 foot tall pole and project light directly downward, similar to the single fixture over the handicapped parking stalls in front of the Ralphs.. All lighting shall be developed to provide a minimum of one (1) footcandle of light coverage, in accordance with the City's Security Code. (4) 4.6 All exposed metal flashing or trim shall be painted to match the building. (1) 4.7 Note on final plans that a six-foot-high chain link fence shall be installed around the site Prior to building construction stages. Gated entrances shall be permitted along the perimeter of the site for construction vehicles. 4.8 Exterior elevations of the building shall indicate any fixtures or equipment to be located on the roof of the building and equipment heights. The building parapet shall be an integral part of the building design, and shall screen all roof-mounted equipment. All roof-mounted equipment and vents shall be a minimum of six inches below the top of the parapet. (4) 4.9' All roof access shall be provided from the inside of the building. (4) 4.10 No exterior downspouts shall be permitted; all roof drainage shall utilize interior piping, but may have exterior outlets at base of building. (4) 4.11 Roof scuppers shall be installed with a special lip device so that overflow drainage will not stain the walls. (4) 4.12 Indicate the location of all exterior mechanical equipment. Gas and electric meters shall either be enclosed within the building or boxed behind a screen wall designed to be consistentwith the main building. (4) 4.13, A grading plan will be required based on the Orange County Surveyor's bench mark datum. (4)(2) 4.14 The drive-thru lane shall be limited to left turn only. The planter island and landscaping south of the drive-thru lane shall be extended eastward approximately 25 feet, maintaining the 12 foot drive aisle width, terminating in a radius tip to direct drive-thru customers north away from the southernmost drive entrance. Said extension shall be designed to the satisfaction of the City Engineer. (4)(2) 4:15 A preview board shall be installed approximately twenty feet prior to the menu board/speaker. The menu board may have a read back feature if the noise study required by Conditions 6.2 or 6.3 warrant its inclusion as a mitigation measure. Details of the menu board system shall be subject to final approval of the Community Development Director during plan check. Exhibit A Resolution No. 3629 Page 5 LANDSCAPING, GROUNDS AND HARDSCAPE ELEMENTS (1)(2) 5.1 The applicant shall submit for plan check complete detailed landscaping and irrigation plans for all landscaping areas consistent with adopted City of Tustin Landscaping and Irrigation Submittal Requirements and consistent with the landscaping concept plan. Said plans shall be consistent with the existing landscaping within the center. The applicant shall provide a summary table applying indexing identification to plant materials in their actual location. The plant table shall list botanical and common names, sizes, spacing, actual location and quantity of the plant materials proposed. Show planting and berming details, soil preparation, staking, etc. The irrigation plan shall show location and control of backflow prevention devices (screened from view from right-of-way and on-site by shrubs)', pipe size, sprinkler type, spacing and coverage. Details for ali equipment shall be provided. The plans shall show all property lines on the landscaping and irrigation plan, public right-of-way areas, sidewalk widths, parkway areas, existing landscaping and walls and proposed new wall locations. The Department of Community Development may request minor substitutions of plant materials or request additional sizing or quantity. Note on plans that adequacy of coverage of landscaping and irrigation materials is subject to field inspection at project completion by the Department of Community Development. (7) 5.2 The submitted landscaping plans at plan check shall reflect the following requirements: Ao Shrubs shall be a minimum of 5 gallon size and shall be spaced a minimum of 8 feet on center when intended as screen planting. B. Ground cover shall be planted between 8 to 12 inches on center. C° When 1 gallon plant sizes are used, the spacing may vary according to materials used. Do All plant materials shall be installed in a healthy, 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. (6)(2) 5.3 Applicant shall restripe the parking lot(s) for the center in substantial conformance with the approved plans dated November 9, 1998. The entire parking surface for the center shall be slurry sealed and restriped to the satisfaction of the Community Development Department. A minimum of three (3) diamond-shaped planter islands shall be installed in the center of the double-row of parking immediately north of the building. The planters shall be fully irrigated and shall be planted with Italian Cypress or other similar trees. (4)(2) 5.4 The planter island adjacent to the drive-thru aisle shall be planted with Italian Cypress planted five feet on center, or other similar trees as approved by the Community Development Department. A six (6) foot high masonry sound wall shall be constructed in the planter island from the southwestern corner of the ddve- thru aisle to the pickup window. An earthen berm shall be constructed at the ExhibitA Resolution No. 3629 Page 6 eastern end of the sound wall. The berm shall be thirty-six inches in height and shall taper down to meet the existing landscaping adjacent to Red Hill Avenue. (4) 5.$ Six (6) inch continuous concrete curbing shall be used through the parking lot, landscaped areas and adjacent to sidewalks, except where required to satisfy handicap access requirements. (4)(2) 5.6 All Vehicle headlight glare shall be adequately screened from view. Plans and sections shall be provided to demonstrate adequate screening, subject to review and approval of the Community Development Department during building plan check. (4)(2) 5.7 Sight distances at each access driveway shall be reviewed for compliance with Orange County EMA Standard Plan 1117, when landscaping and improvement plans are prepared, including the existing perimeter block wall. NOISE (5)(2) (5)(2) 6.2 (2) 6.3' (5) (2) 6.4 6,$ All construction operations, including engine warm-up and deliveries of materials and equipment, shall be subject to the provisions of the Tustin Noise Ordinance and shall take place only between the hours of 7:00 a.m. and 6:00 p.m., Monday through Friday, and between 9:00 a.m. and 5:00 p.m. on Saturday, unless otherwise determined by the Building Official. All uses and operations on the site shall comply with the City's Noise Ordinance. Speakers used in conjunction with the menu board shall be oriented so as to project sound away from the adjacent residential development. A final noise analysis shall be prepared based on the final working drawings to determine compliance with the City's Noise Ordinance. Said noise analysis shall be reviewed and approved by the Community Development Department prior to the issuance of building permits. The height of the sound walls shall be reviewed and evaluated as part of the noise analysis, and raised to the maximum height feasible to achieve noise mitigation. Prior to issuance of a Certificate of Occupancy, the applicant shall submit a $2,500 deposit with the City for the completion of a noise study evaluating the drive-thru operations and compliance with the City's Noise Ordinance. Within thirty (30) days of issuance of a Certificate of Occupancy, the Community Development Director shall select a qualified noise consultant to prepare a noise analysis to demonstrate that the noise levels do not exceed the maximum noise levels allowed by the City's Noise Ordinance. The applicant shall be responsible for all costs associated with the preparation of the study, and implementation of any mitigation measures to comply with the City's Noise Ordinance. Construction hours shall be clearly posted on the project site to the satisfaction of the Building Official. All exterior mechanical equipment, including air conditioners; ice makers, exhaust fans, refrigeration, condensers, etc. shall have a Sound Rating of 50 dBA at 50 feet .or less. · ExhibitA Resolution No. 3629 Page 7 FIRE AUTHORITY (5)(2) Prior to the approval of a site development/use permit, or the issuance of any building permits, the applicant shall submit plans for review and approval of the Fire Chief. The applicant shall include information on the plans required by the Fire Chief. Contact the Orange County Fire Authority Plans Review Section at (714) 744-0403 for the Fire Safety Architectural Notes to be placed on the plans. (5) 7.2 Prior to installation, plans for an' approved fire-suppression system for the protection of commercial-type cooking equipment shall be submitted to the Fire chief for review and approval. USE RESTRICTIONS ' *"(2) 8.1 Hours of operation of the restaurant and drive thru lane shall be limited to 6:00 a.m. to 11:00 p.m., Sunday through Thursday, and 6:00 a.m. to 12:00 a.m. on Friday and Saturday. (1) 8.2 The owners shall be responsible for the daily maintenance and up-keep of the facility, including but not limited to trash removal, painting, graffiti removal and maintenance of improvements to ensure that the facilities are maintained in a neat and attractive manner. All graffiti shall be removed within 72 hours of a complaint being transmitted by the City to the property owner. Failure to maintain said structures and adjacent facilities will be grounds for City enforcement of its Property Maintenance Ordinance, including nuisance abatement procedures. *"(2) 8.3 Deliveries to the restaurant shall be limited to between the hours of 7:00 a.m. to 7:00 p.m. *"(2) 8.4 8.5 Employees shall be required to collect and appropriately dispose of trash, litter, and debris accumulated around the site at regular intervals and after each peak meal period. No exterior phones shall be installed at the project site. FEES (1)(2) (5) 9.1 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. Ao Bo C, Building plan check and permit fees to the Community. Development Department based on the most current schedule. Sewer connection fees to the Orange County Sanitation District. The' current fee is $472 per 1,000 square feet (minimum $2,360). This fee will apply to any additional building area over the square footage of the existing bank building. Orange CoUnty Fire Authority plan check and inspection fees to the Community Development Department based upon the most current schedule. ExhibitA ReSolution No. 3629 Page 8 D. Eo Transportation System Improvement Program (TSIP), Benefit Area "B" fees in the amount of $3:31 per square foot of additional building area over the square footage of the existing bank building. Major thorOughfare and bridge fees in the amount of $2.96 per square foot of additional building area over the square footage of the existing bank building. (1) 9.2 (5) · 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 $38.00 (thirty-eight dollars) 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 D CORRESPONDENCE FROM ADJACENT RESIDENTS November 17, 1998 JACK W. TALLMAN, MFCC/MFT; D.A.P.A. 17772 Irvine Blvd., #101 Tustin, CA 92780 Certified Diplomate in Psychotherapy Fellow, The American Psychotherapy Association Licensed Mamage, Family, Child Counselor CA #MFC-24161 / NC #MFT-661 (714) 836-1101 / V.M. (714) 836-1101 FAX (714) 7304670 Honorable Thomas Saltarelli Mayor, City of Tustin 300 Centennial Way Tustin, CA 92780 Re: Proposed Burger King Restaurant Dear Mr. Saltarelli: We live in Tustin Meadows and have recently met with Mr. Masroor A. Batla, a Franchisee of Burger King Corporation; and Ms. Coralee Newman of Govemmem Solutions. After seeing the architectural plans for the proposed restaurant, we are pleased to offer our support for the approval of the project by the City Council of Tustin. We are willing to attend the scheduled decision meeting of the Council on December 7, 1998 to publicly offer our support. Thank you for your efforts in keeping Tustin, CA a pro-active community. Sincerely, Jack W. & Trisha R. Tallman 14761 Birchwood Place Tustin, CA 92780 (714) 731-8407 x.c.C. Newman, Government Solutions M. Batla - Batla Food Group, Inc. MARRIAGE & FAMILY COUNSELING CENTER of ORANGE COUNTY JACK W. TALLMAN, MFCC/MFT, D.A,P.A, Certified Dipiomate in Psychotherapy Fellow. The American Psychotherapy Association Licensed Marriage. Family. Child Counselor CA #MFC-24 i 6 ! - NC #MFT-661 (714) 836-1101 17772 Irvine Blvd., #101 V.M. (714) 285-3708 Tustin, CA 92780 FAX (714) 730-6670 ATTACHMENT E SUBMITTED PLANS SYCAMORE AVENUE &: - I i I I I .; t I \i..-_=, ;~ .~'~, <~ ..,.=,.w~,. e ---®'~,, ---._..,. · f?-~,. '~i"-,"'"""-~I'_-'--~-"X~. ~ " ®.-_-~.-.-;,__._._.: ...................... , -......,'".~..,~ ". : ~ " i'' ' [ ........ ~ ..... :"¥'~ ' ' .... '" ' ~' : l--~'"~l--J~'~,.~ 14... © '- ~ ....... ~ ,,,,~,.r-_.~.~._~-,:.. '-.~ _:4 ~.: k LI ~,I E ,,, ,-,,,,,,,,, ,-T ~, i I "" .-~'. - -' ~ ~,!-G~-!i"' ~-I I' ',-,;i~ I ~ ,.,.. 1''~J':' I ' i I :~: ~1 i tj'~.I i~',,~t~[ i I WALNUT AVENUE I BK-2500 (MODIFIED) BURGER KING 14~01 RED Hill AVENUE. TUSTIN. C~. SYCAMORE AVENUE WALNUT AVENUE 14~47 14~4~ 14441 BK-2500 (MODIFIED) i t r I · BK-2500 (MODIFIED) 14601 RED HILL AVENUE. TUSI'IN. CA. z tl · t I BURGER KING 14601 RED HIII AVENUE. TUSTIN. CA. ITl ITl 0 I llJ t 1 t · I -.~ BK-2500 (I~ODIFIED) I ~r,.l)ll~ F~ATI~NS j ~ BURGER KING! t j jj 14~01 RED HILL AVENUE, TUSTIN, CA. iI · / ,r- E~,<-~oo ~,~o~,~,~) ( ~ ~ ~ BURGER KING ~)~ ~. 'S~' ~' U1 c,.,. ~ -'2~° ~'~ "c'" --.t - ~ ~ :. ~ 0I x ~i ~ } ~~ , o ~ Z I ~ ~ o ~ /.~-~-~ ,.., ~ ~ ~~ ~ 0~1 ~ ~ ~ ~ ~ ,...~ _ i i i i L= BURGER KING I t REDHII I AVE. & WALNUT AVE., TUSTIN, CA. m Z m 50.00' 50.00' ' // .--/ .~.,~ ~ I · ....- ~. ,, ,, ./; oo.j,, t · '- ..~J ~ - · ~ ,-~-4.c; ~: BURGER"KING 14~31 RED HILL AVENUE. TUSTIN. CA. BURGER KING -"~-" ,,-. .~.~..J. ^vE. ~ wALNuT ^~. TUSTIN. CA. · I I GARAGES ..... OPEN PA,~IYJNG -,' ' ' ' ' ' ," ' , , I, I t i ! ~ I II1 ! ! , WALNUT AVENUE ATTACHMENT F NEGATIVE DECLARATION COMMUNITY DEVELOPMENT DEPARTMENT 300 Centennial Way, Tustin, CA 92780 (714) 573-3100 INITIAL STUDY A. BACKGROUND Project Title: Conditional Use Permit 97-028 and Desiqn Review 97-036 Lead Agency: City of Tustin 300 Centennial Way Tustin, California 92780 Lead Agency Contact Person: Brad Evanson Phone: (714) 573-3118 Project Location: 14601 Red Hill Avenue Tustin, California Project Sponsor's Name and Address: Mr. Masroor Batla The Batla Food Group 8001 Irvine Center Drive#II50 irvine, CA 92618 General Plan Designation: Community Commercial Zoning Designation: C-2 Central Commercial Project Description: The applicant proposes to remodel a vacant bank building into a 4,000 square foot fast food restaurant with drive-thru service within an existing commercial center Surrounding Uses: North: Multiple Family Residential South: Multiple Family Residential East: Single Family Residential West: Multiple Family Residential . Other public agencies whose approval is required: Orange County Fire Authority Orange County Health Care Agency South Coast Air Quality Management District Other [-] City of Irvine [--] City of Santa Ana [--'] Orange County EMA B. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potemially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist in Section D below. [-'-lLand Use and Planning [-]PopulatiOn and Housing [-']Geological Problems [-']Water [~]AJr Quality [--]Transportation & Circulation [-]Biological Resources [--]Ener~ and Mineral Resources ["']Hazards [~oise [-]Public Services [---]Utilities and Service Systems [-']Aesthetics [~Culmral Resources [--]Recreation [--]Mandatory Findings of Significance C. DETERMINATION: On the basis of this initial evaluation: [-"] I fred that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. [--] I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. [--] I find that the proposed project MAY have a significant effect(s) on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects 1) have been analyzed adequately in an earlier EIR pursuant to applicable standards, and 2) have been avoided or mitigated. pursuant to that.earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. I find that although the proposed project could have a Significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects 1) have been analyzed adequately in an earlier NEGATIVE DECLARATION pursuant to applicable standards, and 2) have been avoided or mitigated pursuant to that earlier NEGATIVE DECLARATION, including revisions or mitigation measures that are impo . pon the proposed project. Signature ~ Date ~9~ ¥~.4,..~ 2~9 ! ~ 5' ~ Print Name"~ l~radley~~~on } Title Assistant Planner D. ENVIRONMENTAL IMPACTS: Earlier analyses used: . Available for review at.'. City of Tustin Community Development Department 1. LAND USE & PLANNING - Would the proposal: a) Conflict with general plan designation or zoning? b) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? c) Be incompatible with existing land uses in the vicinity? d) Affect agricultural resources or operations? e) Disrupt or divide the physical arrangement of an established community (including a low-income or minority community)? 2. POPULATION & HOUSING- Would the proposal: a) Cumulatively exceed official regional or local population projections? b) Induce substantial growth in an area either directly or indirectly (e.g., through projects in an undeveloped area or extension of major infrastructure)? c) Displace existing housing, especially affordable housing? ' 3. GEOLOGIC PROBLEMS - Would the proposal result in or,expose people to potential impacts involving: a) Fault rupture? b) Seismic ground shaking? c) Seismic ground failure, including liquefaction? d) Seiche, tsunami, or volcanic hazard? e) Landslides or mudflows? f) Erosion, changes in topography or unstable soil conditions from excavation, grading, or fill? g) Subsidence of land? h) Expansive soils? i) Unique geologic or physical features? 4. WATER- WouM the proposal result in: a) Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? b) Exposure of people or property to water related hazards such as flooding? c) Discharge into surface waters or other alteration of surface water quality (e.g., temperature, dissolved oxygen or turbidity)? d) Changes in the amount of surface water in any water body? e) Changes in currents, or the course or direction of water movements? Potentially Significant Impact Potentially Significant Unless Mitigation IncorPorated Less than Significant Impact No Impact 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~q 0 0 0 0 0 0 0 0 0 0 0 0 0 0 f) Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability? g) Altered direction or rate of flow of groundwater? h) Impacts to groundwater quality? i) Substantial reduction in the amount of groundwater otherwise available for public v,;ater supplies? 5. AIR QUALITY- Would the proposal: . e a) Violate any air quality standard or contribute to an existing or projected air quality violation? b) Expose sensitive receptors to pollutants? c) Alter air movement, moisture, or temperature, or cause any change in climate? d) Create objectionable odors? TRANSPORTATION & CIRCULATION- Would the proposal result in: a) Increased vehicle trips or traffic congestion? b) Hazards to safety from design features (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment) c) InadeqUate emergency access or access to nearby uses? d) Insufficient parking capacity onsite or offsite? e) Hazards or barriers for pedestrians or bicyclists? f) Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? g) Rail, waterborne or air traffic impacts? BIOLOGICAL RESOURCES - Would the proposal result in impacts' to: a) b). c) d) e) Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals, and birds? Locally designated species (e.g., heritage trees)? Locally designated natural communities (e.g., oak forest, coastal habitat, etc.)? Wetland habitat (e.g., marsh, riparian, and vernal pool)? Wildlife dispersal or migration corridors? ENERGY & MINERAL RESOURCES - Would the proposal: ia) Conflict with adopted energy conservation plans? b) Use nonrenewable resources in a wasteful and inefficient manner? c) Result in the loss of availability of a known mineral resource that would be of future value to the region? Potentially Significant Impact rotentially Significant Unless Mitigation Incorporated Less than Significant Impact No Impact E] 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 © 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ,0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 9. Izi. AZ~S - WouM the proposal involve: a) A risk of accidental explosion or release of hazardous substances (including, but not limited to, oil, pesticides, chemicals, or radiation)? b) Possible interference with emergency response plan or emergency evacuation plan? c) The creation of any health hazard or potential health hazard? d) Exposure of people to existing sources of potential health hazards? e) Increased fire hazard in areas with flammable brush, grass, or trees? 10. NOISE - WouM the proposal result in: 11. 12. a) Increases in existing noise levels? b) Exposure of people to severe noise levels? PUBLIC SERVIC'ES - WouM the proposal have an affect upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? b) Police protection? c) Schools? d) Maintenance of public facilities, including roads? e) Other government services? UTILITIES & SERVICE SYSTEMS- WouM the proposal result in a need for new systems or supplies, or substantial alterations to the following utilities: a) Power or natural gas? b) Communications systems? c) Local or regional water treatment or distribution facilities? d) Sewer or septic tanks? e) Storm water drainage? f) Solid waste disposal? g) Local or regional water supplies? 13. AESTI-IETICS- t~ould the proposal: a) Affect a scenic vista or scenic highway? b) Have a demonstrable negative aesthetic effect? c) Creme light or glare? Potentially Significant Impact · .,tentially Significant Unless Mitigation Incorporated Less than Significant Impact No Impact 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O. 0 .0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 14. CULTURAL RESOURCES- Would the proposal?: a) Disturb paleontological resources? b) Disturb archaeological resources? c) Have the potential to cause a physical change which would affect unique ethnic cultural values? d) Restrict existing religious or sacred uses within the potential impact area? 15. RECREATION - Would the proposal: a) Increase the demand for neighborhood or regional parks or other recreational facilities? b) Affect existing recreational opportunities? 16. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory b) Does the project have the potential to achieve short-term to the disadvantage of long-term, environmental goals? c) Does the project have imPaCts that are individually limited, but cumulatively considerable? (''Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects). d) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? .~ otentially Significant Potentially Unless Less than Significant Mitigation Significant Impact Incorporated Impact No Impact go EVALUATION OF ENVIRONMENTAL IMPACTS Please refer to Attachment A for an evaluation of the environmental impacts identified in Section D above. · ' ATTACHMENT A EVALUATION OF ENVIRONMENTAL IMPACTS CONDITIONAL USE PERMIT 97-028 & DESIGN REVIEW 97-036 BURGER KING - 14601 RED HILL AVENUE · *REVISED SITE PLAN** BACKGROUND The project site, an approximately 30,000 square foot parcel at the southern end of a 5.75 acre commercial center, is located on the southwest corner of Red Hill Avenue and Walnut Avenue. The site is currently developed with a supermarket, a pizza restaurant, an auto service operation, and a variety of other in-line commercial uses. Surrounding uses to the site include single family residences to the east across Red Hill Avenue and multiple family residences to the south, west, and north. The proposed project includes the demolition of an existing 4,400 square foot vacant bank building and the construction of a new 4,000 square foot Burger King Restaurant. The restaurant includes an indoor play area; seating for ninety-nine patrons, and a drive-thru lane. A Conditional Use Permit is required for the drive-thru operations, pursuant to Tustin City Code Section 9233c(g). The new restaurant includes new exterior finishes, new landscaping, restriped and reconfigured parking, and a tower/atrium at the south end of the building to enclose the play area. A Design Review application is proposed for the above noted activities. This review focuses on a revised site plan for the'project. The new site plan has been reconfigured to maximize attenuation of operational noise. These revisions include the following: On the property line between the center and the residential complex, there is an existing masonry wall that would be raised from six (6) feet in height up to six feet eight inches (6'8") in height. An eleven foot six inch (11'6") wide planter is proposed twenty feet in from the masonry wall. It would include a row of fifteen (15) gallon Italian Cypress trees running the length of the building, and additional privet shrubs would be located in the planter. Also to be included in the planter would be an additional six (6) foot tall masonry'wall across from the pay and pickup windows. To further attenuate drive-thru operational sound, additional shrubbery would be planted along the building side of the wall and vines would be draped over the wall. In compliance with previous action by the Planning Commission, the exit from the drive-thru aisle has been modified to be a "left-turn only" lane-so as to direct traffic away from the driveway that is shared with the adjacent residential complex. 1. LAND USE & PLANNING Item c - "Potentially Significant Unless Mitiqation Incorporated": Directly to the west of the project site is an existing multiple family residential development. Operation of the proposed restaurant and drive-thru lane could result in impacts to the adjacent residents regarding odors, noise, light/glare, safety, and general aesthetics. The applicant has proposed a site configuration that meets or exceeds the development standards for the Attachment A - Evaluation of Environmental impacts CUP 97-028 and DR 97-036 Page 2 Central Commercial (C-2) Zoning District to minimize any potential impacts. As an example, the side setback for the C-2 District where adjacent to a residential property is ten (10) feet. in this instance, the drive-thru lane is set back from the property line by approximately thirty-two (32) feet and the building is an additional twelve (12) feet beyond that. Detailed discussion of these potential impacts follows in the respective sections of this environmental review. Sources: Submitted Plans City of Tustin General Plan and Zoning Code Field Observations Mitigation/Monitorin.q Required: See appropriate section(s) of this report for individual mitigation measures. . Items a,b,d,e - "No Impact": The subject property is designated by the General Plan Land Use Map as Community Commercial. The subject property is zoned Central Commercial (C-2). The proposed restaurant use is permitted and would comply with the development standards of the C-2 Zoning District. The drive-thru operations are allowed within the C-2 Zoning District with the approval of a Conditional Use Permit. The proposed project would not alter present land uses in the vicinity nor conflict with adopted environmental plans or policies. Sources: Submitted Plans City of Tustin General Plan and Zoning Code Tustin Community Development Department Field Observations Mitigation/Monitorinq Required: None required. PO'PULATION & HOUSING Items a.through c - "No Impact": The proposed project is located on a site within an existing retail/commercial center and is surrounded by commercial/retail useS within the center and residential uses outside the center. The proposed development would not result in any direct increase in population in that no additional dwelling units would be created. This project is proposed to meet the needs of the existing residents and businesses of the community. The project would have no impact on the location, growth, distribution or density of the population in the surrounding area.- Sources: Submitted Plans City of Tustin General Plan and Zoning Code Field Observations Miti.qation/MonitorinqRequired: None Required. AttachmentA - Evaluation of Environmental Impacts CUP 97-028 and DR 97-036 Page 3 . o GEOLOGICAL PROBLEMS Items a, d, e and i-"No Impact": The site is relatively fiat in its topographical features. The proposed modifications to the site involve minor grading activity to demolish the existing improvements and prepare the site for the proposed new construction. The site will not be impacted by any landslides, seiche, tsunami, volcanic action, erosion, or subsidence since none of these geologic features are present on-site or in the vicinity. Items b, c; f through h -"Potentially Significant Unless Mitigation Incorporated": According to the City of Tustin General Plan them are no Alquist-Priolo Special Study Zones on or near the site. However, the site is subject to seismic shaking as a result of the site's proximity to regional fault lines such as the Newport-lnglewood Fault. Tustin is subject to expansive soils and liquefaction due to the high ground water table in the area. However, common construction practices such as removal and recompaction of the site soil and remedial grading will mitigate any potential impacts associated with geologic conditions. Sources: Field Observations Submitted Plans Tustin City Code Miti.qation/M onitorinq Required: Ao The applicant shall submit a soils report to the Building Division prepared within twelve (12) months prior to Building Permit Plan Check. Bo The applicant shall submit grading plans identifying the scope of work at Building Permit Plan Check. In addition, all structures will be designed in accordance with the seismic design provisions of the Uniform Building Codes to promote safety in the event of an earthquake. All work shall be done in conformance with the Uniform Building Code, Grading Code and Grading Manual as required by the Building Official. WATER Items b throuqh i - "No Impact": The subject site is within an existing commercial and retail center and is not located near any standing or moving bodies of water. As a result, the amount of surface water and direction of water movement will not change. Further, as the subject site is within an existing center, the amount and direction of groundwater flow will not change. Item a - "Potentially Significant Unless Mitigation Incorporated": As proposed, the surface areas of the project will drain into the existing storm drain system. Itis not anticipated that this project .will substantially contribute to the drainage flow, as the amount of impervious surface is not proposed to change significantly. However, a Water Quality Management AttachmentA - Evaluation of Environmental Impacts CUP 97-028 and DR 97-036 Page 4 Plan administered by the City of Tustin and the Regional Water Quality Control Board would be required to mitigate and minimize runoff into the storm drain system. Any water deposited into the sanitary sewer system for treatment shall be in compliance with the Orange County Sanitation District requirements. Source: Field Observations Tustin Community Development Department Tustin Public Works Department Orange County Sanitation District Orange County Health Care Agency Miti,qation/Monitodng: Ao The applicant shall submit for approval by the Community Development and Public Works Departments, a 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: the structural and non-structural measures specified detailing implementation of BMPs whenever they are applicable to the project; the assignment of long-term maintenance responsibilities (specifying the developer, parcel owner, maintenance association, lessee, etc.); and, reference to the location(s) of structural BMPs. Bo The site shall be designed so that all parking area surface run-off is directed to and picked up by the storm drain system. Co All grading and drainage plans shall be subject to review and approval by the City of Tustin's Building Division and the Public Works Department to confirm compliance with Drainage Area Management Plan and Construction Standards for Private Streets, Storm Drains and On-Site Private Improvements prior to construction. Do All landscaping irrigation shall be designed to consistent with the City's Landscaping and Irrigation Guidelines which includes the use of landscaping timing devices to ensure watering efficiency. Eo The applicant shall make use of water conserving plumbing fixtures throughout the building in accordance with California Health and Safety Code Section 17921.3. 5. AIR QUALITY Items a and c - "No Impacts": The proposed project would not result in substantial air emission or deterioration of ambient air quality, nor would it alter air movement, moisture, temperature or cause any changes in climate. AttachmentA - Evaluation of Environmental Impacts CUP 97-028 and DR 97-036 Page 5 , Items b and d - "Potentially Significant unless Mitigation Incorporated": The construction of the new structures may result in short term pollutants such as dust particles which will be emitted into the air. Conditions of approval will be required for the project to minimize construction activity dust generated as part of this project. The deep frying of some menu items as well as the charbroiling of hamburgers could result in the creation of objectionable odors. A.condition has been included requiring the applicant install emission control devices on all cooking and exhaust equipment, in accordance with AQMD standards. Such devices include, but are not limited to, fast food broiler smoke elimination catalysts. Said devices work by heating the emissions to a temperature level sufficient to reduce Particulate Matter (smoke) by approximately 90%, Carbon .Monoxide by approximately 98%, and Reactive Organic Compounds (odor particulates) by approximately 91%. Sources: Submitted Plans Field Observations Tustin Community Development Department Miti.qation/M onitorinq Required: A; The site will be required to comply with grading plan approvals with regard to dust control, which requires the applicant to apply water to the site as specified in the Grading Code and Grading Manual. This will be monitored by the Building Division when construction commences. Bo The applicant will be required to install Best-Available Control Technology. (BACT) - certified emission control devices on all cooking and exhaust equipment that complies with Southern California Air Quality Management District standards for smoke, odor and particulate generation. In particular, the applicant shall install Fast Food Broiler Smoke Elimination Catalysts on all cooking and exhaust equipment. TRANSPORTATION & CIRCULATION Items a and d - "Potentially Significant Unless Mitiqation Incorporated": The proposed Burger King restaurant is located on Red Hill Avenue between Sycamore Avenue and Walnut Avenue. Red Hill Avenue in this area is classified as a Major Arterial roadway on the City's Arterial Highway Plan and on the Orange County Transportation Authority Master Plan of Arterial Highways (MPAH). At its current configuration of four lanes, Red Hill Avenue currently operates at Level of Service "D" during the AM and PM peak hours. The future plans for this section of Red Hill Avenue include widening to six lanes - its MPAH designation. In the future Red Hill Avenue will carry approximately 40,000 Average Daily Traffic (ADT) volume and will operate at Level of Service "C". Attachment A - Evaluation of Environmental Impacts CUP 97-028 and DR 97-036 Page 6 ' The site, which previously accommodated a drive-thru bank business, is vacant. The proposed project will add approximately 1,054 new ADT trips to this section of 'Red Hill Avenue. The proposed project will generate .79 new trips in the AM peak hour and will reduce current trips by 91 in the PM peak hour. It has been determined that the additional AM peak hour trips and the overall ADT can be accommodated on Red Hill Avenue without deteriorating the current or future planned traffic levels of service. The drive-thru lane has been configured to allow for four (4) vehicles to stack behind the menu order board and a total of seven (7) vehicles to stack behind the pick-up window. The exit from the drive-thru lane has been re-configured to .be a left turn around the southeastern corner of the building. A planter island will border the drive-thru lane. This would serve to direct traffic away from the driveway entrance center which abuts another driveway used by the adjacent multiple-family residential complex. Additional landscaping within the planter extension would provide further screening of the drive-thru operations from the adjacent residential complex. The proposed project includes the reconstruction of a vacant, 4,400 square foot bank building with a drive-thru into a fast-food restaurant with a drive-thru. Based on the Tustin City Code, a total of 20 parking spaces are allocated for the previous bank use. Based on the proposed seat count of 99, the required parking for the reStaurant is 33 spaces. A restriping plan is proposed for the entire center, which increases the from 277 spaces to 290 spaces to accommodate the proposed use. A total of 286 spaces are required to accommodate the current uses within the center. Current Federal Americans with Disabilities Act (ADA) requirements will need to be met at the drive aprons at the parking lot entrances. This will require construction of a minimum four (4) foot wide sidewalk behind the drive apron. The maximum cross slope of the sidewalk shall be two percent and the maximum ramp slope of the drive apron shall be ten percent. Dedication of additional right-of-way is necessary to accommodate the sidewalk construction. Items b,c,e-.q - "No Impact": The proposal will not result in hazardous conditions or impede emergency access or access to other sites. Sources: Field Verification Submitted Plans Tustin Community Development Department Tustin Public Works Department Mitigation/MonitoringRequired: A, The applicant shall prepare and submit to the Engineering Division a separate 24" by 36" street improvement plan, as prepared by a California Registered Civil Engineer, for all construction within the public right-of-way. In addition, a separate 24" by 36" reproducible construction traffic control AttachmentA - Evaluation of Environmental Impacts CUP 97-028 and DR 97-036 Page 7 plan, as prepared by a California Registered Traffic Engineer or Civil Engineer experienced in this type of plan preparation would be required. Bo The drive-thru lane shall be limited to left turn only. The planter island and landscaping south of the drive-thru lane shall, be extended eastward approximately 25 feet, maintaining the 12 foot drive aisle width, terminating in a radius tip to direct drive-thru customers north away from the southernmost drive entrance. Said extension shall be designed to the satisfaction of the City Engineer. Co Applicant shall restripe the parking lot(s) for the center in substantial conformance with the approved plans dated November 9, 1998. The entire parking surface for .the center shall be slurry sealed and restriped to the satisfaction of the Community Development Department. A minimum of three (3) diamond-shaped planter islands shall be installed in the center of the double-row of parking immediately north of the building. The planters shall be fullY irrigated and shall be planted with Italian Cypress or other similar trees. D. The applicant shall construct a minimum four (4) foot wide sidewalk behind the drive apron. The maximum cross slope of the sidewalk shall be two percent and the maximum ramp slope of the drive apron shall be ten percent. This will require dedication of additional right-of-way to accommodate the sidewalk construction. A legal description and sketch of the dedication area, prepared by a California Registered Civil Engineer and/or California Licensed Land Surveyor, shall be submitted to the Engineering Division for review and approval. The configuration of the new drive aprons should be shown on the plot plan and landscape plan as this will have an impact on the planter areas adjacent to the drive aprons E. The applicant shall be required to pay applicable 'Transportation System Improvement Program, Benefit Area B Fees, based upon the current fee schedule in effect at the time building permits are issued. Fo Sight distances at each access driveway shall be reviewed for compliance with ~Orange County EMA Standard Plan 1117, when landscaping and improvement pans are prepared, including the existing perimeter block wall. 7. BIOLOGICAL RESOURCES Items a-e - "No Impact": The subject site is located within an urban area and is developed within an existing commercial/retail center. The site is free from any unique, rare or endangered species of plant or animal life. There are several mature trees adjacent to Red Hill Avenue, which will be preserved on site. The proposed project will introduce new landscaping and specimen trees on to the site in conformance with the requirements of AttachmentA - Evaluation of Environmental Impacts CUP 97-028 and DR 97-036 Page 8, the City of TuStin's Landscape and Irrigation Guidelines. All landscaping will be designed, installed, and maintained in accordance with the City's Landscape and Irrigation Guidelines. Source: Field Observations Proposed Development Plans Miti.qation/Monitodn,q: None Required. 8. ENERGY & MINERAL RESOURCES Items a and c - "No Impact": The proposed project will not conflict' with any adopted' conservation plans nor will it result in the loss of availability of known mineral resource. Item b - "Potentially Significant Unless Mitiqation Incorporated": The proposed project will result in the use of materials that are non-renewable. However, the use of non-renewable resources will be minimal given the scale of the project. The proposed project will not result in any significant change in the current use of energy given the scale of new development but will require the renewal of services since the site is vacant. The applicant shall incorporate energy conserving systems and features into the project in conformance with Title 24 requirements. Sources: Field Verification Submitted Plans Tustin Community Development Department Mitigation/Monitoring Required: Ao Compliance with all provisions of Title 24 shall be required with regard to energy conservation prior to building permit issuance.. 9. HAZARDS Items a, b, c and e - "No Impact": The proposed use will not create conditions that negatively affect human health. The proposed project will not result in significant hazards (i.e. explosion, hazardous materials spill, interference with emergency response plans, etc.) Item d - "Potentially Significant Unless Mitiqation Incorporated": The proposal could create health hazards or expose people to existing sources of potential hazards arising from construction activities and operation of cooking equipment. All mechanical and electrical equipment associated with the facility would comply with Uniform Building and Fire Codes. Sources; Submitted Plans Uniform Building and Fire Codes AttachmentA - Evaluation of Environmental Impacts CUP 97-028 and DR 97-036 Page 9 10. Mitigation/Monitoring Required: Ao All construction shall be in 'accordance with applicable Uniform Building and Fire Codes. Such compliance shall be verified during the plan check process prior to the issuance of any building permits. Bo All hazardous materials shall be handled and disposed of in accordance with all Orange County Health Care Agency - Environmental Health Division, and Orange County Fire Authority requirements. NOISE Item a -"Potentially Significant Unless Mitiqation Incorporated": The drive-thru operation will require the use of a loudspeaker system for receiving food orders at the menu board. This activity along with the customer interaction at the pay and pickup windows, has the potential to create noise impacts on the adjacent residential properties. Further, customers waiting in the drive-thru lane also have a tendency to increase noise levels with idling vehicles and radios. To determine the extent of potential noise impacts to the adjacent residential property, a noise study was prepared (Exhibit 1). The study determined that, as the site and landscaping are configured on the plans, the project is not anticipated to generate noise exceeding the City of Tustin Noise Ordinance. According to the Tustin Noise Ordinance (Tustin City Code Section 4614), noise generated at a residential property line over a cumulative period of more than one minute in any hour must be limited to no more than 65 dB(A). The noise study utilized measurements taken from existing drive-thru restaurants to establish operational levels. VVhen applied to the proposed site plan, the noise study determined that drive-thru operations would generate a noise level of 45dB(A) at the adjacent residential property line. To address these potential noise impacts, the applicant has' proposed a site plan configuration that would maximize the suppression of noise from the drive.thru · operations. At the property line is an existing six foot eight inch (6'8") tall masonry wall. Twenty (20) feet in from the masonry wall would be an eleven foot six inch (11'6") wide planter island, running the length of the building. Planted within it would be a row of 15 gallon.Italian Cypress trees and various privet shrubs. Also to be included in the planter would be an additional six (6) foot tall masonry wall across from the pay and pickup windows that would wrap around the southwestern corner of the drive-thru aisle to further attenuate operational sound. To minimize the potential for echo effects from any operational sound in the drive-thru lane, additional shrubbery would be planted along the building side of the wall and vines would be draped over the wall. The speakers are shown to be mounted behind this six-foot tall wall, approximately sixty (60) feet from the nearest residential property line to the south. The applicant has also proposed mounting the speakers so as to 'project sound away from the adjacent residences. To AttachmentA - Evaluation of Environmental Impacts CUP 97-028 and DR 97-036 Page 10 further attenuate operational noise impacts, conditions of approval have been included on the project regarding operational hours, architecture, landscaping, and site layout. Item b - "No Impact": The proposed project will not expose persons to severe noise levels, as discussed above. The project is within an existing mixed-use commercial center, and the actual project site has been operated as a bank with a drive-thru lane. The amount of traffic generated by the project is minimal and will not add significantly to the existing ambient noise. Sources: Field Verification Submitted Plans Tustin City Code Mitigation/Monitorinq Required: Ao Hours of operation of the restaurant and drive-thru lane are to be limited to 6:00 a.m. to 11:00 p.m. on Sunday through Thursday and 6:00 a.m. to Midnight on Friday and Saturday. Be All noise generated by the proposed development (including mechanical equipment, construction, and operations of the drive-thru lane) shall be in accordance with the City of Tustin Noise Ordinance which would be enforced by the Community Development Department and the Police Department. For noise measured at a residential property line, impact- type noise over a cumulative 30 minute period is I'imited to 50 dB(A) during daytime hours and 45 dB(A) during evening hours. Noise measured over a one minute period is limited to 65 dB(A) and 60 dB(A) respectively. Exterior equipment shall have a Sound Rating of 50 dB(A) at 50 feet or less Co A preview board shall be installed approximately twenty feet prior to the menu board/speaker to expedite ordering at the menu board. The menu board may have a read back feature which displays a customer's order if the working noise study warrants its inclusion as a mitigation measure. Details of the menu board system shall be subject to final approval of the Community Development Department. D, All construction operations, including engine warm-up and deliveries of materials and equiPment, shall take place only between the hours of 7:00 a.m. and '6:00 p.m., Monday through Friday, and between 9:00 a.m. and 5:00 p.m. on Saturday, unless otherwise determined by the Building Official. Eo Deliveries to the restaurant shall be limited to between the hours of 7:00 a.m. to 7:00 p.m. AttachmentA - Evaluation of Environmental Impacts CUP 97-028 and DR 97-036 Page 11 11. 12. Fo All uses and operations on the site shall comply, with the City's Noise Ordinance. Speakers used in conjunction with the menu board shall be oriented so as to project sound away from the adjacent residential development. A final noise analysis shall be prepared based on the final working drawings to determine compliance with the City's Noise Ordinance. Said noise analysis shall be reviewed and approved by the Community Development Department prior to the issuance of building permits. The height of the sound walls shall be reviewed and evaluated as part of the noise analysis, and raised to the maximum height feasible to achieve noise mitigation. Go Prior to issuance of a Certificate of Occupancy, the applicant shall submit a $2,500 deposit with the City for the completion of a noise study evaluating the drive-thru operations and compliance with the City's Noise Ordinance. Within thirty (30) days of issuance of a Certificate of Occupancy, the Community Development Director shall select a qualified noise consultant to prepare a noise analysis to demonstrate that the noise levels do not exceed the maximum noise levels allowed by the City's Noise Ordinance. The applicant shall be responsible for all costs associated with the preparation of the study, and implementation of any mitigation measures to comply with the City's Noise Ordinance. PUBLIC SERVICES Items a throuqh e -"No Impact": It isnot expected that the project would create significant demands for additional service on schools, parks, maintenance of public facilities or other governmental services. Sources: Field Verification Submitted Plans Tustin City Code Miti.qation/MonitorinqRequired: None Required. UTILITIES & SERVICE SYSTEMS Items a throuqh .q - "No Impact": The project site is located within an existing commercial area with all utilities available to the site. Sanitary sewer, storm drain and water capacities required for the project are existing and have been designed to accommodate commercial projects on this parcel, and are therefore adequate to serve the proposed project. The proposed project would not require the need for additional utilities to serve the site. Sources: Field Verification Submitted Plans AttachmentA - Evaluation of Environmental Impacts CUP 97-028 and DR 97-036 Page 12 13. Mitigation/MonitorinqRequired:' None required. AESTHETICS Item' a "No Impact": The proposed project is not located on a scenic highway nor Will it affect a scenic vista. Items b and c - "Potentially Significant Unless Mitiqation Incorporated": The proposed project site is located within an existing commercial/retail center at the southwest corner of Red Hill Avenue and Walnut Avenue. The center was approved in 1969 and constructed shortly thereafter, in a iow-rising ranch style with iow pitched roofs. Proposed development plans indicate a modified Spanish style architectural theme with stucco walls, fiat corniced roofs over the kitchen and dining areas, stucco columns and stone building accents. A tower element with a pitched gray-brown tile roof and arched glass areas is proposed at the eastern end of the building to enclose the play area. Extensive on-site landscaping is proposed adjacent to the drive-thru aisle to screen vehicles. "Diamond" planters containing fifteen (15) gallon Cypress trees-have also been proposed within the parking area adjacent to the restaurant, in addition, a condition of approval has been included requiring the applicant to slurry seal and restripe the entire parking area for the center. The proposed project will be required to provide adequate lighting, which would add new lighting into the area to serve its operations during business hours. Wall-mounted lighting will utilize decorative fixtures and be configured to minimize impacts to the adjacent multiple-family residences by projecting the illumination UP and down the wall surfaces. Freestanding lighting will be designed to compliment the new structures, and will project lighting directly towards the ground. All new exterior lighting would comply with the City of Tustin Security Ordinance. Glare from vehicle headlights could result from nighttime operations of the restaurant. To attenuate these impacts, conditions of approval have been included Sources: Field Verification Submitted Plans Tustin City Code Mitigation/Monitoring Required: A. The applicant shall be required to plant dense hedgerows in the. planter island on the south side of the drive-thru lane to limit glare from vehicle headlights. AttachmentA - Evaluation of Environmental Impacts CUP 97-028 and DR 97-036 Page 13 The applicant shall 'be required to construct a six (6) foot tall sound wall along the south side of the drive-thru iane. The wall shall run from 'the southwestern corner of the drive-thru aisle easterly to a point beyond the pickup window to block glare from vehicle headlights. Co The applicant shall provide details of all proposed lighting fixtures and a photometric study showing the location and anticipated distribution pattem of light of all proposed fixtures. All new light fixtures shall be consistent with the architecture of the building. Wall mounted fixtures shall be decorative and directed at a 90 degree angle directly up or downward. Parking lot fixtures shall compliment the proposed development similar to the existing single fixture light standard-adjacent to the handicapped parking stalls in front of the Ralphs store, and directed at a 90 degree angle 'directly toward the ground. All lighting shall be developed to provide a minimum of one (1) footcandle of light coverage, in accordance with the City's Security Code. 14. CULTURAL RES.OURCES Item a throuqh d - "No Impact": The proposed'project site is not located within the City's Cultural Resources Overlay District, nor are there any identified cultural, historic or archaeological resources identified on or around the site. The project will have no impacts on cultural resources. Source: City of Tustin Zoning Code Tustin Community Development Department Field Verification Submitted Plans Miti,qation/MonitorinqRequired: None Required. 15. RECREATION Items a and b - "No Impact": Since this project is a commercial development to provide support for residential neighborhoods, there are no impacts on recreation. The project is not located in proximity to recreational facilities and will have no impact on quality of recreation opportunities in the community. Sources: Field Verification Submitted Plans Tustin City Code Mitigation/MonitoringRequired: None Required. Attachment A - Evaluation of Environmental Impacts CUP 97-028 and DR 97-036 Page 14 16. MANDATORY FINDINGS OF SIGNIFICANCE Items a-d - "No Impact": The project will not cause negative impacts to wildlife habitat, nor achieve any short-term environmental goals to the disadvantage of long-term goals, nor have impacts which are potentially individually limited but are cumulatively considerable, nor will the project cause substantial adverse effects on human beings. Source: As stated above Miti.qation/MonitorinqRequired: As stated above. BE:cup97028negdec2.doc J. J. VAN HOUTEN & ASSOCIATES, INC.' lohn J. Van l-louten, P.E. October 11, 1989 Project File 2786-98 Mr. Mmroor A. Batla Bada Group of Companies 8001 Irvine Center Drive Suite 1150 Irvine, CA 92618 Evaluation of the Noise Barrier Adjacent to the Drive Through, Proposed Burger King, Redhill and W~Anut Avenues, City of Tustin Reference: Noise Assessment, Proposed Burger King, Redhill and Walnut Avenues, J.J. Van Houten and Associates, Inc., June 24, 1998, (Revised: August 19, 1998) Dear Mr. Batla: A noise barrier wall is being considered at a location directly adjacent to the drive-through area of the subject Burger King. Figures 1, 2 and 3 indicate the location of the wall being considered. Note that the wall provides a partial buffer to the noise and sound of both the vehicles driving througi~ the pay and pickup area as well as at the loudspeaker location. Acoustical Performance of the Wall The acoustical performance of the wall has been evaluated. It will provide a reduction of the various sources of noise from vehicles in the vicinity of the pay and pickup windows. A reduction of ~ to 5 dB in the noise produced by the vehicles MIl be provided by the wall. 'The computations leading to this result are provided in Appendix I. The sources considered in this evaluation are engine, exhaust, radio mud wheel/drive~ay interaction. The loudspeaker is partially blocked by the placement of the wall. A reduction of the sound of the speaker unit, in the direction of' the homes to the south, will be 3 dB. 3320 E. Chapman.A #323 Orange. CA 92859 949/4 76.0932 FAX 949,/476-1023 Exhibit 1 - Negative Declaration 18/12/1~58 18'85 5dg~TG1.823 J J VAN HOUTEt4 & A P~SE 03 Noise Levela at the Re~identlal Uztlts Computations of the vehicle noise levels indicate that an hourly noise equivalent level, Leq, of about 42 dB is expected without the wall. The level with the wall adjacent to the drive-through is estimated to be 37 or 38 dB. With thc wail, the loudspeaker is estimated to generate' a level of 42 dB(A) at the nearest second floor residential unit and 45 dB(A) at the adjacent property linc. Refer to Fi~gurcs 2 and 3 for the distance and radiation pattern expected for the loudspeaker. The City's maximum noise level standard, for the nighttime, is 65 dB(A). Furthermore, the background noise level generated by sources of near and far is a level which is well above the estimated level for the loudspeaker. If you require any additional information, please contact the tmdcrsigned at (949) ~-76-0932. Very truly yours, 2 J. J. VAN HOUTEN & ASSOCIATES, INC. t0/12/199@ 18'85 9~9~761~~ 3 3 VaN HOUTEN & A PaGE 04 II 10/].2/1998 10:05 9,~94761L ' ,]' J VAN HDUTE~ .~ · P~GE 85 18:33 9~9~:7~10: 3 3 VaN HOUTEh PagE 02 II II ].61:85 "3.-.4,347F '3 5 5 VAN HOUT"'" % ,-5 PAGE 07 Table I-1. BARRIER ANALYSIS COMPUTATIONS Case: Barrier Project No. 2786-98 Burger King, Walnut and Redhill ADT~ 1500 %ADT= 5.0 %Auto= Speed= 15.0 #Auto= Grade correction for trucks: 0 dB(A) 9.9.8 %M Tr=- 74.8 %M Tr~ Receiver Hgt= 7.0 Receiver Elev- 0.0 Dist= 35.0 Source Elev- 3.5 Source to Barrier= 13.0 Left dist= -45 Bar distl= ~28 Barrier Elev= 0.0 Barrier to Receiver- Drive-through Hard Site 0.1 %H Tr= 0.1 0.1 #HTr= 0.1 Right dtst= 75 Bar distr= 47 Barrier Hgt= 6.0 22.0 Wall NOISE LEVELS WITHOUT BARRIER BARRIER OR TOP-OF-SLOPE ATTENUATIONS Z(A)= 35.2 Delta(A)= 0.09 dB(A)= -6.!5 3S.0 Delta (MT)- 0.00 dB (MT)- -4.95 !OTALS WITH BARRIER OR TOP-OF-SLOPE Z (HT) = 35.3 Delta (HT) = 0.85 dB (HT) = 0.00 CNEL= 46.66 CNEL~ 42.08 14 l? 20 22 24 25 29 RESOLUTION NO. 98-110 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE FINAL NEGATIVE DECLARATION AS ADEQUATE FOR CONDITIONAL USE PERMIT 97-028 AND DESIGN REVIEW 97-036. ALL FEASIBLE MITIGATION MEASURES HAVE. BEEN INCORPORATED AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. The City Council of the City of Tustin does hereby resolve as follows: The City Council finds and determines as follows: Ao That Conditional Use Permit 97-028 and Design Review 97-036 are considered "projects" pursuant' to the terms of the California Environmental Quality Act; and B. A Negative Declaration has been prepared for this project and has been distributed for public review. Co D, Whereas, the Planning Commission of the City .of Tustin has considered evidence presented by the Community Development Director and other interested parties With respect to the subject Negative Declaration, and on November 9, 1998 recommended that ti~e City Council certify the Negative Declaration. The City Council of the City of Tustin has reviewed and considered the Negative Declaration and has determined that the Negative Declaration is adequate and complete. A Final Negative Declaration has been completed in compliance with CEQA and state guidelines. The City Council has received and considered the information contained in the Negative Declaration pdor to recommending approval of the proposed project, and found that it adequately discussed the environmental effects of the proposed project. Further,-the City Council finds the project .involves no potential for any adverse affects, either individually or cumulatively, on wildlife resources; and therefore makes a De Minimis Impact Finding related to the California State Department Fish and Game Code Section 711.4. PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on the 7th day of December 1998. THOMAS R. SALTARELLI Mayor PAMELA STOKER City Clerk ]0 l? 20 2! 23 24 25 28 Resolution No. 98-110 Page 2 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) SS CERTIFICATION FOR RESOLUTION NO. 98-110 PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is 5; that the above and foregoing Resolution No. 98-11.0 was duly and regularly introduced, passed, and adopted at a regular meeting of the Tustin City Council, held on the 7th day of December, 1998. COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER City Clerk RESOLUTION NO. 98-111 l0 ]4 20 2! 2.4 25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 97-028 AND DESIGN REVIEW 97- 036, AUTHORIZING THE CONVERSION OF A VACANT BANK BUILDING INTO A FAST FOOD RESTAURANT WITH DRIVE-THRU SERVICE WITHIN AN EXISTING COMMERCIAL CENTER AT 14601 RED HILL AVENUE. The City Council does hereby resolve as follows: The City Council finds and determines as follows: A, That a proper application for Conditional Use Permit 97-026 and Design Review 97-036 was filed by Masroor Batla of the Batla Food Group on behalf of the property owners to request authorization for the conversion of a vacant 4,400 square foot bank building into a 4,000 sqUare foot fast food restaurant with drive- thru service within an existing commercial center located at 14601 Red Hill Avenue, more specifically described as Assessor's Parcel No. 432-171-10. B, C, That the proposed use is allowed within the C-2 Central Commercial District, with the approval of a Conditional Use Permit (TCC Section 9233(C)(g)). That a public hearing was duly called, noticed and held on said application on November 9, 1998, by the Planning Commission and on December 7, 1998, by the City Council. Do That on November 9, 1998 the Planning Commission recommended that the City Council approve the project. E, That the establishment, maintenance and operation of the uses applied for 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, as evidenced by the following findings: 1) On-site traffic concerns would be mitigated through the separation of the drive-thru aisle from on-site parking, the exit from the drive-thru aisle which directs traffic away from the southernmost driveway, and the use of informational/directional signs. 2) The location' of the project site within the center is set back from the primary public access drives and would not impact the off-site circulation system. 3) Light, glare and noise from the driVe-thru facility would be minimized through the height modification to the existing masonry wall along the southern property line, the installation of a masonry wall along the drive-thru aisle, and landscaping improvements. With these improvements, noise levels are not projected to exceed 45 dB(A) at the nearest residential property line. l0 ]4 l? 20 23 24 25 2? Resolution No. 98-111 Page 2 4) The applicant will complete a noise study evaluating the drive-thru operations and compliance with the City's Noise Ordinance prior to issuance of a Certificate of Occupancy. Within thirty (30) days of issuance of a Certificate of Occupancy, a qualified noise consultant will prepare a noise analysis to demonstrate that the noise levels do not exceed the maximum noise levels allowed by the City's Noise Ordinance. If noise levels exceed the maximum allowable levels, the applicant will be required to implement mitigation measures to bring the restaurant operations into compliance with the City's Noise Ordinance. 5) The use of BACT-Certified emission control devices on all. cooking and exhaust equipment would minimize smoke and odor generation from the restaurant. 6) The hours of operation would be limited to 6:00 a.m. to 11:00 p.m., Sunday to Thursday and 6:00 a.m. to 12:00 a.m., Friday and Saturday. 7) The accumulation of litter on site would be controlled by the plaCement of trash receptacles inside of each building exit and by the requirement for employees to collect litter from around the restaurant site after each peak meal period. Pursuant to Section 9272 of the Tustin Municipal Code, the Council finds that the location, size, architectural features and general appearance of Design Review 97- 036, as conditioned, will not impair the orderly and harmoniouS development of the area, the present or future development therein, or the occupancy as a whole. In making such findings, the Commission has considered at least the following items: 1. Height, bulk and area of buildings. 2. Setbacks and site planning. 3. Exterior materials and colors. 4. Type and pitch of roofs. · 5. Size and spacing of windows, doors and other openings. 6. Towers, chimneys, roof structures, flagpoles, radio and television antennae. 7. Landscaping, parking area design and traffic circulation. 8. Location, height and standards of exterior illumination. . Location and appearance of equipment located outside of an enclosed structure. 10. Location and method of refuse storage. ]0 ]4 ]5 ]7 ]8 20 22 23 24 25 26 2? Resolution No. 98-111 Page 3 11. Physical relationship of proposed structures to existing structures in the neighborhood. 12. Appearance and design relationship of proposed structures to .existing structures and possible future structures in the neighborhood and public thoroughfares. 13. Proposed signage. 14. Development Guidelines and criteria as adopted by the City Council. G. A Negative Declaration has been prepared and recommended for certification for this project in accordance with the provisions of the California Environmental Quality Act (CEQA). H. That the project has been reviewed for consistency with the Air Quality Sub- element of the City of Tustin General Plan and has been determined .to be consistent with the Air Quality Sub-element. That the project has been reviewed for compliance with the Americans with Disabilities Act of 1990 and it has been determined that dedications of right-of-way at the drive apron and all radius type driveways are necessary for compliance with the requirements of ADA. The City Council approves Conditional Use Permit 97-028 and Design Review 97-036 to authorize the conversion of a vacant bank building into a 4,000 square foot fast food restaurant with drive-thru service within an existing commercial center located at 14601 Red Hill Avenue, subject to the conditions cOntained in Exhibit A, attached hereto. PASSED AND.ADOPTED by the City Council of the City of Tustin, at a regular meeting on the 7th day of December, 1998. THOMAS R. SALTARELLI Mayor PAMELA STOKER City Clerk l0 14 ]5 l? 20 2! 24 25 2? 28 29 Resolution No. 98-111 Page 4 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) SS CERTIFICATION FOR RESOLUTION NO. 98-111 PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is 5; that the above and foregoing Resolution No. 98-111 was duly and regularly introduced, passed, and adopted at a regular meeting of the Tustin City Council, held on the 7th day of December, 1998. COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER City Clerk GENERAL EXHIBIT A CUP 97-028 AND DESIGN REVIEW 97-036 CONDITIONS OF APPROVAL RESOLUTION NO. 98-111 (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped December 7, 1998, on file with the Community Development Department, as herein modified, or unless otherwise indicated, 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 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with prior to the issuance of any building permits for the project, 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 this Exhibit. Time extensions may be considered if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.4 Appro.val of CUP 97-028 and DR 97-036 is contingent upon the applicant and property owners signing and returning an "Agreement to Conditions Imposed" form as established by the Community Development Department. (1) 1.5 The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of a challenge of the City's approval of this project. PLAN SUBMITTAL (1)(2) 2.1 (1)(2) 2.2 At building plan check, submit four (4) sets of plans, two sets of soils reports, structural and energy calculations, specifications and acoustical report. Electrical, mechanical and plumbing plans shall be included. Grading plans, signage plans, and a Drainage Area Management Plan shall be submitted separately. All grading, drainage, vegetation and circulation shall comply with the City of Tustin Grading Manual. All street sections, curbs, gutters, sidewalks, lighting and storm drains shall comply with on-site improvement standards. Any deviations shall be brought to the attention of the Building Official and request for approval shall be submitted in writing prior to any approval. (1)(2) 2.3 The building shall comply in all respects' with the Building Code, other related codes, City Ordinances, and state and federal laws and regulations, including Title 24 energy conservation requirements. (3) 2,4 Mechanical ventilation shall be provided based on the number of occupants. SOURCE CODES (1) STANDARD'CONDITION (5) (2) CEQA MITIGATION (3) UNIFORM BUILDING CODE/S (6) (4) DESIGN REVIEW (7) *** EXCEPTIONS RESPONSIBLE AGENCY EQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY Exhibit A Resolution No. 98-111 Page 2 (4)(2) 2.5 (4)(2) 2.6 (3) 2.7 (2) 2.8 (4)(2) 2.9 (4)(2) 2.10 The applicant shall construct a minimum four (4) foot wide sidewalk behind the drive apron. The maximum cross slope of the sidewalk shall be two percent and the maximum ramp slope of the ddve apron shall be ten percent. This will require dedication of additional right-of-way to accommodate the sidewalk construction. A legal description and sketch of the dedication area, prePared by a California Registered Civil Engineer and/or California Licensed Land Surveyor, shall be submitted to the Engineering Division for review and approval. The configuration of the new drive aprons should be shown on the plot plan and landscape plan as this will have an impact on the planter areas adjacent to the drive aprons. 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. Construction or replacement of all missing or damaged public improvements adjacent to this development will be required. A separate 24" x 36" street improvement plan, as prepared by a California Registered Civil Engineer, will be required. Said plan shall show all existing public improvements along with all new construction to include but not be limited to the following: a) b) c) d) 'e) Curb and gutter Sidewalk/curb ramps Drive aprons (meeting current Federal ADA requirements) Underground utility connections Signing and striping In addition, 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 will be required. Provide complete details for accessible paths of travel throughout the site, including pedestrian circulation from public right-of-way to the buildings and throughout the new structures. The tenant space, parking spaces, entrances to the building, path of travel from the parking area to the building, and sanitary facilities shall be accessible to persons with disabilities. The applicant shall submit for approval by the Community Development and Public Works Departments, a 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: the structural and non-structural measures specified detailing implementation of BMPs whenever they are applicable to the project; the assignment of long-term maintenance responsibilities (specifying the developer, parcel owner, maintenance association, lessee, etc.); and, reference to the location(s) of structural BMPs. The site will be designed so that all parking area surface run-off is directed to and picked up by the storm drain system. The applicant shall make use of water conserving plumbing fixtures throughout the building in conformance with the California Health and Safety Code Section 17921.3. Exhibit A Resolution No. 98-111 Page 3 (5) 2.11 Prior to submittal to Building plan check, the plans shall be designed to provide that all drive approaches meet current federal ADA requirements. (5)(2) 2.12 Complete the hazardous matedal questionnaire and the air quality questionnaire and submit to Building Division and the proper agencies. If the answer to any of the questions is "yes", clearances from the Hazardous Material Disclosure Office and from the Air Quality Management District shall be submitted to the Building Division prior to approval. (5)(2) 2.13 All hazardous materials shall be handled and disposed of in accordance with all Orange County Health Care Agency - Environmental Health Division, and Orange County Fire Authority requirements. (5) 2.14 Trash enclosures shall comply with Great Western Reclamation and City of Tustin standards. (4) (3) 2.15 2.16 Trash receptacles shall be placed inside every exit from the dining area and the play area. All building locking devices added to the premises shall meet those requirements as set forth in the Building Security Code. SIGNS (4) 3.1 Prior to issuance of a Certificate of Occupancy, complete sign plans shall be submitted which address all proposed wall, directional, and address signs. The sign plans shall include dimensions, materials, colors, and method of illumination. The design, size, location, installation and maintenance of said signs shall be in compliance with the Tustin Sign Code. SITE AND BUILDING CONDITIONS (4) 4.1 (2)(5) 4.2 Provide exact details for extedor doors and window types on construction plans. The applicant will be required to install Best Available Control Technology (BACT) - Certified emission control devices on all cooking and exhaust equipment that complies with Southem California Air Quality Management District standards for smoke, odor and particulate generation. In particular, the applicant shall install Fast Food Broiler Smoke Elimination Catalysts on all cooking and exhaust equipment. (4) 4.3 All mechanical and electrical fixtures and equipment shall be adequately and decoratively screened. The screen shall be considered as an element of the overall design of the project and shall either blend with the architectural design of the building or be integrated into the landscape design (1) 4.4 All final colors and materials to be used shall be subject to review and approval by the Community Development Department. All exterior treatments shall be coordinated with regard to color, materials and detailing and clearly noted on submitted construction plans and elevations. Exhibit A Resolution No. 98-111 Page 4 (4)(2) 4.5 Provide plans and details of all proposed lighting fixtures and a photometric study showing the location and anticipated distribution pattem of light of all proposed fixtures. The fixtures proposed shall be modified to be decorative in design and consistent with the architecture of the building. Wall mounted fixtures shall be directed at a 90 degree angle directly upward or downward. Parking area lights shall be on a 19 foot tall pole and project light directly downward, similar to the single fixture over the handicapped parking stalls in front of the Ralphs. All lighting shall be developed to provide a minimum of one (1) footcandle of light coverage, in accordance with the City's Security Code. (4) 4.6 All exposed metal flashing or trim shall be painted to match the building. (1) .4.7 Note on final plans that a six-foot-high chain link fence shall be installed around the site prior to building construction stages. Gated entrances shall be permitted along the perimeter of the site for construction vehicles. 4.8 Exterior elevations of the building shall indicate any fixtures or equipment to be located on the roof of the building and equipment heights. The building parapet shall be an integral part of the building design, and shall screen all roof-mounted equipment.' All roof-mounted equipment .and vents shall be a minimum of six inches below the top of the parapet. (4) (4) 4.9 4.10 All roof access shall be provided from the inside of the building. No exterior downspouts shall be permitted; all roof drainage shall utilize interior piping, but may have exterior outlets at base of building. (4) 4.11 Roof scuppers shall be installed with a special lip device so that overflow drainage will not stain the walls. (4) 4.12 Indicate the location of all exterior mechanical equipment. Gas and electric meters, shall either be enclosed within the building or boxed behind a screen wall designed to be consistent with the main building. (4) 4.13 A grading plan will be required based on the Orange County Surveyor's bench mark datum. (4)(2) 4.14 The drive-thru lane shall be limited to left tum only. The planter island and landscaping south of the drive-thru lane shall be extended eastward approximately 25 feet, maintaining the 12 foot ddve aisle width, terminating in a radius tip to direct drive-thru customers north away from the southernmost drive entrance. Said extension shall be designed to the satisfaction of the City Engineer. (4)(2) 4.15 A preview board shall be installed approximately twenty feet prior to the menu board/speaker. The menu board may have a read back feature if the noise study required by Conditions 6.2 or 6.3 warrant its inclusion as a mitigation measure. Details of the menu board system shall be subject to final approval of the Community Development Director during plan check. Exhibit A Resolution No. 98-111 Page 5 LANDSCAPING, GROUNDS AND HARDSCAPE ELEMENTS (1)(2) 5.1 The applicant shall submit for plan check complete detailed landscaping and irrigation plans for all landscaping areas consistent with adopted City of Tustin Landscaping and Irrigation Submittal Requirements and consistent with the landscaping concept plan. Said plans shall be consistent with the existing landscaping within the center. The applicant shall prOvide a summary table applying indexing identification to plant materials in their actual location. The plant table shall list botanical and common names, sizes, spacing, actual location and quantity of the plant materials proposed. Show planting and berming details, soil preparation, staking, etc. The irrigation plan shall show location and control of backflow prevention devices (screened from view from right-of-way and on-site by shrubs), pipe size, sprinkler type, spacing and coverage. Details for all equipment shall be provided. The plans shall show all property lines on the landscaping and irrigation plan, public right-of-way areas, sidewalk widths, parkway areas, existing landscaping and walls and proposed new wall locations. The Department of Community Development may request minor substitutions of plant materials or request additional sizing or quantity. Note on plans that adequacy of coverage of landscaping and irrigation materials is subject to field inspection at project completion by the Department of Community Development. (7) 5.2 The submitted 'landscaping plans at plan check shall reflect the following requirements: A. Shrubs shall be a minimum of 5 gallon size and shall be spaced a minimum of 8 feet on center when intended as screen planting. B. Ground cover shall be planted between 8 to 12 inches on center. Co When 1 gallon plant sizes are used, the spacing may vary according to materials used. D. All plant materials shall be installed in a healthy, 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.' (6)(2) '5.3 Applicant shall restripe the parking lot(s) for the center in substantial conformance with the approved plans dated November 9, 1998. The entire parking surface for the center shall be slurry sealed and restriped to the satisfaction of the Community Development Department. A minimum of three (3) diamond-shaped planter islands shall be installed in the center of the double-row of parking immediately north of the building. The planters shall be fully irrigated and shall be planted with Italian Cypress or other similar trees. (4)(2) 5.4 The planter island adjacent to the drive-thru aisle shall be planted' with Italian Cypress planted five feet on center, or other similar trees as approved by the Community Development Department. A six (6) foot high masonry sound wall shall be constructed in the planter island from the southwestern corner of the drive-thru aisle to the pickup window. An earthen berm shall be constructed at the eastern Exhibit A Resolution No. 98-111 Page 6 end of the sound wall. The berm shall be thirty-six inches in height and shall taper down to meet the existing landscaping adjacent to Red Hill Avenue. (4) 5.5 Six (6)inch continuous concrete curbing shall be used through the parking lot, landscaped areas and adjacent to sidewalks, except where required to satisfy handicap access requirements. (4)(2) 5.6 All vehicle headlight glare shall be adequately screened from view. Plans and sections shall be provided to demonstrate adequate screening, subject to review and approval of the Community Development Department during building plan check. (4)(2) 5.7 Sight distances at each access ddveway shall be reviewed for compliance with Orange County EMA Standard Plan 1117, when landscaping and improvement plans are prepared, including the existing perimeter block wall. NOISE (5)(2) 6.1 All construction operations, including engine warm-up and deliveries of materials and equipment, shall be subject to the provisions of the Tustin Noise Ordinance and shall take place only between the hours of 7:00 a.m. and 6:00 p.m., Monday through Friday, and between 9:00 a.m. and 5:00 p.m. on Saturday, unless otherwise determined by the Building Official. (5)(2) 6.2 All uses and operations on the site shall comply with the City's Noise Ordinance. Speakers used in conjunction with the menu board shall be oriented so as to project sound away from the adjacent residential development. A final noise analysis shall be prepared based on the final working drawings to determine compliance with the City's Noise Ordinance. Said noise analysis shall be reviewed and approved by the Community Development Department prior to the issuance of building permits. The height of the sound walls shall be reviewed and evaluated as part of the noise analysis, and raised to the maximum height feasible to achieve noise mitigation. (2) 6.3 Prior to issuance of a Certificate of Occupancy, the applicant shall submit a $2,500 deposit with the City for the completion of a noise study evaluating the drive-thru operations and compliance with the City's Noise Ordinance. Within thirty (30) days of issuance of a Certificate of Occupancy, the Community Development Director shall select a qualified noise consultant to prepare a noise analysis to demonstrate that the noise levels do not exceed the maximum noise levels allowed by the City's Noise Ordinance. The applicant shall be responsible for all costs associated with the preparation of the study, and implementation of any mitigation measures to comply with the City's Noise Ordinance. (5) ¸6.4 Construction hours shall be clearly posted on the project site to the satisfaction of the Building Official. (2) 6.5 All exterior mechanical equipment, including air conditioners, ice makers, exhaust fans, refrigeration, condensers, etc. shall have a Sound Rating of 50 dBA-at 50 feet or less. Exhibit A' Resolution No. 98-111 Page 7 FIRE AUTHORITY (5)(2) 7.1 Prior to the approval of a site development/use permit, or the issuance of any building permits, the appliCant shall submit plans for review and approval of the Fire Chief. The applicant shall include information on the plans required by the Fire Chief. Contact the Orange County Fire Authority Plans Review Section at (714) 744-0403 for the Fire Safety Architectural Notes to be placed on the plans. (5) 7.2 Prior to installation, plans for an approved fire-suppression system for the protectiOn of commercial-type cooking equipment shall be submitted to the Fire chief for review and approval. USE RESTRICTIONS ***(2) 8.1 (1) 8.2 Hours of operation of the restaurant and drive thru lane shall be limited to 6:00 a.m. to 11:00 p.m., Sunday through Thursday, and 6:00 a.m. to 12:00 a.m. on Friday and Saturday. The owners shall be responsible for the daily maintenance and up-keep of the facility, including but nOt limited to trash removal, painting, graffiti removal and maintenance of improvements to ensure that the facilities are maintained in a neat and attractive manner. All graffiti shall be removed within 72 hours of a complaint being transmitted by the City to the property owner. Failure to maintain said structures and adjacent facilities will be grounds for City enforcement of its P.roperty Maintenance Ordinance, including nuisance abatement procedures. ***(2) 8.3 ***(2) 8.4 Deliveries to the restaurant shall be limited to between the hours of 7:00 a.m. to 7:00 p.m. Employees shall be required to collect and appropriately dispose of trash, litter, and debris accumulated around the site at regular intervals and after each peak meal period. *** 8.5 No exterior phones shall be installed at the project site. FEES (1)(2) 9.1 (5) 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. S. Sewer connection fees to the Orange County Sanitation District. The current fee is $472 per 1,000 square feet (minimum $2,360). This fee will apply to any additional building area over the square footage of the existing bank building. C. Orange County Fire Authority plan check and inspection fees to the Community Development Department based upon the most current schedule. Exhibit A Resolution No. 98-111 Page 8 Do Transportation System Improvement Program (TSIP), Benefit Area "B" fees in the amount of $3.31 per square foot of additional building area over the square footage of the existing bank building. Eo Major thoroughfare and bridge fees in the amount of. $2.96 per square foot of additional building area over the square footage of the existing bank building. (1) 9.2 (5) 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 $38.00 (thirty-eight dollars) 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.