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HomeMy WebLinkAboutPC RES 3734 RESOLUTION NO. 3734 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 99-026 DESIGN REVIEW 99-033 AUTHORIZING THE CONSTRUCTION OF A SERVICE STATION INCLUDING A CAR WASH AND CONVENIENCE STORE THAT PROVIDES BEER AND WINE FOR SALE FOR OFF-SITE CONSUMPTION AT 17241 IRVINE AVENUE. The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application for Conditional Use Permit 99-026 and Design Review 99-033 was filed by Parviz Shamtoub to request authorization to construct a 2,390 square foot service station including a car wash and convenience store that provides alcoholic beverages for sale for off-site on the property located at 17241 Irvine Avenue, also described as Assessor's Parcel No. 401-301- 02. B. That the proposed use is allowed within the Planned Community- Commercial District (PC-C), with the approval of a Conditional Use Permit. ~4 C. That the proposed use is consistent with General Plan Amendment 99-003, if approved by the City Council, which changes the General is Plan Land Use Designation from "Professional Office" to "Community Commercial". ~6 D. That a public hearing was duly called, noticed and held on said ~? application on June 12, 2000 bythe Planning CommissiOn. ~g E. That the development of a service station which includes fuel ~9 dispensing, air and water service, a car wash and a convenience store which provides the sale of alcoholic beverage sales for off-site 20 consumption and the establishment, maintenance and operation of the uses applied for will not, under the circumstances of this case, 2~ be detrimental to the health, safety, morals, comfort, or general -. welfare of the persons residing or working in the neighborhood of 22 such proposed use, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or 23 to the general welfare of the City of'Tustin, as evidenced by the finding that, the proposed project, as conditioned, will not be 24 injunous, detrimental to, or have a negative effect on surrounding 2s properties in that: 26 1. Establishing alcoholic beverage sales at this location will not be detrimental to the health, safety, morals, comfort and 27 general welfare of the persons residing in or working in the neighborhood nor injurious or detrimental to property or 2~ improvements in the vicinity since the proposed location is a 29 sufficient distance from sensitive uses including residential Resolution No. 3734 CUP99-026 & DR99-033 Page 2 areas, places of worship,' parks, schools, hospitals, clinics, convalescent homesi and other uses selling or serving alcohol. In addition, several operational conditions are proposed that will ensure that alcoholic beverages sales are conducted in an orderly manner and do not encourage public disturbances; 2. The proposed hours of alcoholic beverage sales are appropriate for the proposed 24 hour service station in that sales will occur only during the hours between 6:00 a.m. and 2:00 a.m.; 3. The proposed project complements and provides a support service to existing or future uses allowed by the Zoning Code; 4. The scale, massing, and design of proposed facility is appropriate for the area; 5. As con~itioned, the proposed site plan provides for sufficient vehicle ingress, egress, on-site maneuvering and parking; and, 6. There will be no on-site or off-site traffic impacts and no effect on the existing and planned level of service for adjacent arterials and intersections. ~9 7. The proposed site design will partially screen the view of the three pump islands from the public right-of-way. 20 F. Pursuant to Section 9272 of the Tustin Municipal Code, the .:! 2] Commission finds that the location, size, architectural features and ~ general appearance of Design Review 99-033, as conditioned, will not impair the orderly and harmonious development of the area, the 23 present or future development therein, or the occupancy as a whole; In making such findings, the Commission has considered at 24 least the following items: 25 1. Height, bulk and area of buildings. 26 2. Setbacks and site planning. 27 3. Exterior materials and colors. 28 4. Type and pitch of roofs. 29 5. Size and spacing of windows, doors and other openings. Resolution No. 3734 CUP99-026 & DR99-033 Page 3 6. Towers, chimneys, roof structures, flagpoles, radio and television antennae. 7. Landscaping, parking area design and traffic circulation. 8. Location, height and standards of exterior illumination. 9. Location and appearance of equipment located outside of an enclosed structure. 9 10. Location and metho~ of refuse storage. ~0 11. Physical relationship of proposed structures to existing z ~ 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. 15 14. Development Guidelines and criteria as adopted by the City Council. G. A Final Negative Declaration has been prepared for this project in ~? accordance with the provisions of the California Environmental ~s Quality Act (CEQA) for final consideration by the City Council. ~9 H. That the project has been reviewed for consistency with the Air Quality Sub-element of the City of Tustin General Plan and has 20 been determined to be consistent with the Air Quality Sub-element. 2~ '11. The Planning Commission hereby approves Conditional Use Permit 99-026 :: and Design Review 99-033 to authorize construction of a 2,390 square foot 22 service station including a carwash and convenience store that provides alcoholic beverages for sale for off-site consumption on the property 23 located at 17241 Irvine Avenue, subject to' the conditions contained in Exhibit A, attached hereto. 24 PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 12th day of June, 2000. 27 " ' ~hairperson 28 'EL'[ZABETHA. BINSACK 29 Planning Commission Secretary Resolution No. 3734 CUP99-026 & DR99-033 Page 4 3 4 STATE OF CALIFORNIA ) s COUNTY OF ORANGE ) CiTY OF TUBTIN ) I, ELIZABETH A. BINBACK, the undersigned, hereby certify that I am the Planning ? Commission Secretary of the City of Tustin, California; that Resolution No. 3734 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 12th day of June, 2000. ELIZABETHA. BIN~ACK Planning Commission Secretary 12 13 i4 16 17 20 21 22 23 24 26 27 28 29 EXHIBITA CONDITIONAL USE PERMIT (CUP) 99-031 AND DESIGN REVIEW (DR) 99-039 CONDITIONS OF APPROVAL RESOLUTION N0.3734 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped June 12, 2000 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 99-026 and DR 99-033 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. (1) 1.6 Any violation of any of the conditions imposed is subject to the imposition of a civil penalty of $100.00 for each violation and each day the violation exists. (1) 1.7 The applicant shall be responsible for costs associated with any necessary code enforcement action. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLEAGENCY (2) CEQA MITIGATION REQUIREMENTS (3) UNIFORM BUILDING CODES (6) LANDSCAPING GUIDELINES (4) DESIGN REVIEW (7) PC/CC POLICY EXCEPTIONS Exhibit A -Conditions of Approval Resolution No. 3734 CUP 99-026 8 DR99-033 Page No. 2 (2) 1.8 Prior to issuance of Building Permits, the applicant shall obtain approval by the Planning Commission and City Council to amend the General Plan land use designation from Professional Office to Community Commercial. Approval of Conditional Use Permit 99-026 and Design Review 99-033 shall become null and void if the General Plan Amendment is not approved. PLAN SUBMITTAL (1) 2.1 When submitting plans for a building permit, submit four (4) sets of plans, two (2) sets of specifications of, soils report, structural and energy calculations. Electrical, mechanical and plumbing plans shall be included. Grading plans, landscape plans, underground tank removal~nstallation plans and signage plans may be submitted separately, but no building permits will be issued until all plans have been approved. ("I) 2.2 Indicate on the title sheet the applicable codes, City, State and Federal laws and regulations to include: 1997 Uniform Building Code with California Amendments 1997 Uniform Mechanical Code with California Amendments 1997 Uniform Plumbing Code with California Amendments 1996 National Electrical Code with California Amendments City of Tustin Grading Ordinance City of Tustin Landscape and Irrigation Guidelines City of Tustin Private Improvement Standards City of Tustin Security Ordinance (2) 2.3 Complete the hazardous material questionnaire and the air quality questionnaire and submit to the Building Division and the proper agencies. On these forms, if the answer to any of the questions is "yes", clearances form Hazardous Material Disclosure Office and from Air Quality Management District shall be submitted to the Building Division prior to approval. (2) 2.4 The applicant shall obtain all necessary approvals form the Community Development Department, Orange County Fire Authority Hazardous Materials Disclosure Office, Orange County Health Care Agency and Occupational Safety Hazard Association (OSHA). (1) 2.5 At building plan check and prior to issuance of building permits, submittal of the following shall be provided: Exhibit A -Conditions of Approval Resolution No. 3734 CUP 99-026 8 DR99-033 Page No. 3 A. Construction plans, structural calculations, and Title 24 energy calculations. Requirements of the Uniform Building Codes, State Disabled Access and Energy Requirements shall be complied with as required by the Building Official. B. Preliminary technical detail and plans for all three (3) utility installations including telephone, gas, water and electricity. Additionally, a note on plans shall be included stating that no field changes shall be made without corrections submitted to and approved by the Building Official. C. Submit seven (7) sets of final grading/excavating plans and specifications consistent with the site plan and landscaping plan, prepared by a registered Civil Engineer for approval by the Community Development Department. D. A precise soils engineering report provided by the Civil Engineer dated within the previous twelve (12) months. Expanded information regarding the levels of hydrocarbons and ground water contamination found on site shall be provided in the submitted soils report. E. Information, plans and/or specifications to ensure satisfaction of all Public Works Department requirements. F. Information to ensure compliance with requirements of the Orange County Fire Authority including required fire flow and installation, where required, of fire hydrants subject to approval of the Fire Authority, City of Tustin Public Works Department and/or Irvine Ranch Water District. G. Information to ensure compliance with the requirements of the Orange County Sanitation District No. 7. H. All pavement "R" values shall be reviewed and approved by the Community Development Department in accordance with applicable City standards. (2) 2.6 The applicant shall comply with the following conditions pertaining to the requirementfor a Water Quality Management Plan: Exhibit A -Conditions of Approval Resolution No. 3734 CUP 99-026 & DR99-033 Page No. 4 A. Prior to issuance of building permits, 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. B. Prior to issuance of grading or demolition permits, the applicant shall obtain coverage under the NPDES Statewide Industrial Stormwater Permit for General Construction Activities from the State Water Resources Control .Board. Evidence that this has been obtained shall be submitted to the Building Official of the City of Tustin. C. Prior to issuance of certificates of use and occupancy, building permits for tenant improvements or construction permits for a tank or pipeline, uses shall be identified and, for specified uses, the applicant shall propose plans and measures for hazardous materials management (including, but not limited to, storage, emergency response, employee training, spill contingencies and disposal) to the satisfaction of the City of Tustin. A Hazardous Materials Management Plan shall be approved by the City of Tustin and other specified agencies such as the Orange County Fire Authority, the Health Care Agency, and sewering agencies to ensure implementation of each agency's respective requirements. Further, a copy of the approved Hazardous Materials Management Plans (HMMP) shall be furnished to the Building Official of the City of Tustin, prior to the issuance of any certificate of use and occupancy. (1) 2.7 A note shall be provided on the final plans that a six (6) foot-high chain linked fence shall be installed around the site prior to building construction stages. A nylon fabric or mesh shall be attached to the temporary construction fencing. Gated entrances shall be permitted along the perimeter of the site for construction vehicles. (3) 2.8 The engineer of record must submit a final compaction report to the Building Division for review and approval prior to the issuance of a building permit. Exhibit A -Conditions of Approval Resolution No. 3734 CUP 99-026 & DR99-033 Page No. 5 (3) 2.9 The engineer of record must submit a letter of pad certification to the Building Division for review and approval prior to the issuance of a building permit. (3) 2.10 Provide area analysis for all buildings, and show compliance with allowable floor areas based on U.B.C. Table 5b. (2) 2.11 The applicant shall comply with all City policies including the City's Grading Plan regarding short term construction emissions, including periodic watering of the site and prohibiting grading during second stage smog alerts and when wind velocities exceed 15 miles per hour. (2) 2.12 Drainage, vegetation, circulation, street sections, curbs, gutters, sidewalks, and storm drains shall comply with the on-site Private Improvement Standards. (2) 2.13 All grading, drainage, vegetation and circulation shall comply with the City of Tustin Grading Manual. All street sections, curbs, gutters, sidewalks, lighting and storm drain 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) 2.14 A surety/cash bond will be required to assure work is completed in accordance with approved plans. Bonds will be based upon the estimated cost of the grading, drainage, and erosion control prior to the issuance of a grading permit. SITE PLAN & FLOOR PLAN (1) 3.1 Provide a letter from the current waste hauler approving the number of bins and their accessibility as adequate to serve the site. (7) 3.2 The site plan shall clearly depict existing improvements to the property, such as power poles, etc. All new and existing utilities provided shall be undergrounded. A note shall be added to the site plan indicating that utilities will be undergrounded. (7) 3.3 Restrooms shall be located within the approved structure with entrances or signage clearly visible from the pump islands or cashier area and concealed from view of adjacent properties by planters or decorative screening. Exhibit A -Conditions of Approval Resolution No. 3734 CUP 99-026 & DR99-033 Page No. 6 (3) 3.4 The vehicle parking, primary entrance to the building, the primary paths of travel, cashiers space, sanitary facilities, drinking fountain, public telephones and fuel dispensers shall be accessible to persons with disabilities. (3) 3.5 Parking for disabled persons shall be provided with an additional 5 foot loading area with striping and ramp; disabled persons shall be able to park and access the building without passing behind another car. At least one (1) accessible space shall be van accessible served by a minimum 96 inch wide loading area. (3) 3.6 Parking spaces designed for use by persons with disabilities shall comply with California Title 24 regulations. (2) 3.7 All site drainage shall be handled on-site and shall not be permitted to drain onto adjacent properties. (1) 3.8 No part of structure shall project beyond the property line. (3) 3.9 The plans submitted into plan check shall indicate that restroom/s shall be made accessible to persons with disabilities as per State of California Accessibility Standards. (Title 24). (1) 3.10 The curb ramps shall have a 48" by 48" level landing at the sidewalk. (2) 3.11 Details of all proposed lighting fixtures and a photometric study showing the location and anticipated distribution pattern of light of all proposed fixtures shall be provided. All new light fixtures shall be consistent with the architecture of the building. All exterior lighting shall be designed and arranged as not to direct light or glare onto adjacent properties, including the adjacent streets. Wall mounted fixtures shall be 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, but not exceed thirty (30) footcandles. (5) 3.12 To provide the clerk appropriate visibility of the gas pumps and the grounds, the cash register shall be relocated closer to the front door. ARCHITECTURE/MATERIALS (4) 4.1 The roof of the canopy shall be redesigned to incorporate a pitched, tiled roof consistent with the style of the convenience store and car wash building. The design of the canopy shall be subject to the review and approval of the Community Development Director. Exhibit A -Conditions of Approval Resolution No. 3734 CUP 99-026 & DR99-033 Page No. 7 (1) 4.2 A complete sign application including design, locations, sizes, colors, and materials shall be submitted for review and approval by the Community Development Department. The sign program shall include project identification, addressing and directional signs. Signs should be made of wood, aggregate masonry or similar materials. The pole sign requires a Conditional Use Permit to be reviewed and approved by the Planning Commission. (4) 4.3 (4) 4.4 Provide exact details of all exterior door and window types, including, but not limited to, such details `as frame color, material and glass tint. A protective graffiti resistant finish shall be applied on all elevations of the proposed structure, subject to ' review and approval by the Community Development Department. (4) 4.5 The windows located in the car wash doors shall be tinted to obscure the view into the car wash bay. (3) 4.6 All glass doors and windows shall be tempered glass in accordance with the Uniform Building Code Section24064. (3) 4.7 At Building Plan Check, elevations shall be provided which include all proposed dimensions, materials, colors, finishes, and partial outlines of adjacent buildings on-site and off.-site where applicable. Details shall also- be provided for the proposed windows and doors. Roofing shall be a class "B" or better quality. (4) 4.8 All mechanical and electrical fixtures and equipment shall be out of public view. Any screening or buffer shall be integrated into the overall architectural design of the building. All telephone and electrical boxes shall be indicated on the building plans and shall be completely screened. Electrical transformers shall be located toward the interior of the lot maintaining sufficient distance to minimize visual impacts from Irvine Boulevard. Exterior elevations of the building shall indicate any fixtures or equipment to be located on the roof of the building, equipment heights and type of screening. All roof mounted equipment, vents, exhausts or other roof penetrations shall be located a minimum of six inches below the top of a parapet that is integrated into the architectural features of the building. (4) 4.9 All exposed metal flashing or trim shall be painted to match the building Exhibit A -Conditions of Approval Resolution No. 3734 CUP 99-026 & DR99-033 Page No. 8 (4) 4.10 No exterior down spouts or roof scuppers shall be permitted. All roof drains shall utilize interior piping, but may have exterior outlets at base of buildings. (4) 4.11 Enclosure of electrical and gas meters shall be compatible with the building treatment. (1) 4.12 In addition to the trash enclosure, an adequate number of trash receptacles to serve the clientele and employees of the service station facility shall be provided outside of the building. The design of the outdoor trash receptacles and other fixtures shall be compatible with the design elements of the other exterior fixtures of the subject development. (1) 4.13 Pursuant to the City of Tustin's Security Ordinance and the Uniform Fire Code, the street number shall be displayed in a prominent location on the street side of the building. The numerals shall be no less than six (6) inches in height and shall be of contrasting color to the background to which they are attached and illuminated during the hours of darkness. LANDSCAPE/IRRIGATION (6) 5.1 The site shall be landscaped consistent with the City's Landscaping and Irrigation Guidelines. Landscaping shall consist of a combination of berming and sufficient numbers of shrubs and trees to provide adequate screening, subject to the satisfaction of the Community Development Director. (6) 5.2 Provide a detailed landscape and irrigation plan for all landscaping areas on the site and include the following information: a. A summary table applying indexing identification to plant materials in their actual location. The plan and table must list botanical and common names, sizes, spaces, actual location and quantity of the plant materials proposed. b. Planting and berming details, soil preparation, staking etc. c. The irrigation plan shall show location and control of backflow prevention devices, pipe size, sprinkler type, spacing and coverage. Details for all equipment must be provided. d. All property lines on the landscaping and irrigation plan, public right- of-way area, sidewalk widths, parkway areas, and wall location, if any. Exhibit A -Conditions of Approval Resolution No. 3734 CUP 99-026 & DR99-033 Page No. 5 e. Note on landscaping plan that coverage of landscaping irrigation materials is subject to field inspection at project completion by the Community Development Department. (7) 5.3 A minimum of 15 percent landscaping shall be provided on the project site including a landscape buffer around the perimeter of the site in accordance with the Auto Service Design Guidelines and the Parking Lot Design Guidelines. (7) 5.4 Provide additional trees within the perimeter landscaping to increase the visual buffer of the pump islands from public view. (6) 5.5 Provide a cross section detail of the parking and stacking area and identify the height of the landscape berm and vegetation adjacent to Irvine Blvd. The berm shall be a minimum of 36 inches and, when combined with landscaping, a minimum height of 42 inches. Landscape screening shall be provided along the westerly building elevation subject to review and approval by the Community Development Department. (6) 5.6 The Community Development Department may request minor substitutions of plant materials or request additional sizing or quantity materials during plan check or field inspections to ensure sufficient screening. (6) 5.7 The submitted landscaping plans shall incorporate .reflect the following requirements, either incorporated into the design or included in the notes: a. Turf is unacceptable for grades over 25 percent. A combination of planting materials must be used, ground cover on large areas alone is not acceptable. b. Provide a minimum of one 15 gallon size tree and five 5 gallon shrubs for every 30 feet of property line on the property perimeter. c. Shrubs shall be a minimum of 5 gallon size and shall be spaced a minimum of 5 feet on center when intended as screen planting. d. Ground cover shall be planted between 8 to 12 inches on center. e. When one gallon plant sizes are used, the spacing may vary according to materials used. Exhibit A -Conditions of Approval Resolution No. 3734 CUP 99-026 & DR99-033 Page No. l0 All plant materials shall be installed in a healthy and vigorous condition typical to the species and shall be maintained in a neat and healthy condition. Maintenance includes, but is not limited to, trimming, moving, weeding, removal of litter, fertilizing, regular watering and replacement of diseased or dead plants. (6) 5.8 The landscape materials shall not conflict with the visual clearance requirements of any existing or proposed driveway approaches. USE RESTRICTIONS (5) 6.1 The property owners of the service station facility shall be responsible for the daily maintenance of the subject property, 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 structure and adjacent facilities will be ground for City enforcement of its Property Maintenance Ordinance, including nuisance abatement procedures. The applicant is required to coat and protect all wall surfaces with a graffiti resistant finish and/or material. (5) 6.2 All business activity, sales, displays or other business activities shall be conducted entirely within the subject building. (5) 6.3 No other auto service use is permitted with the exception of the approved gasoline sales, car wash and air/water service. (2) 6.4 Vehicle stacking across the public sidewalk shall be prohibited and any violation shall be subject to citation. The operator of the facility is responsible for ensuring compliance and preventing stacking from occurring across the public sidewalk. (5) 6.5 The outdoor storage of vehicles on the subject property is prohibited. (5) 6.6 No vehicle shall be parked on the premises for the purpose of offering the same for sale. (7) 6.7 No used or discarded automotive parts or equipment, or disabled, junked, or wrecked vehicles may be located on the site. (7) 6.8 Storage or parking of buses and trucks or similar vehicles is prohibited. Exhibit A -Conditions of Approval Resolution No. 3734 CUP 99-026 & DR99-033 Page No. 11 (7) 6.9 Outside address speakers, telephone bells, buzzers, and other similar devices, which are audible from adjoining properties, shall be prohibited. (7) 6.10 The installation of any exterior, freestanding vending machines, such as, but not limited to, beverage or soda machines, candy, magazine racks and any other retail product, is prohibited. (5) 6.11 A drop safe shall be installed for the clerk to make deposits, limiting the amount of money at the register. (5) 6.12 Video cameras, mirrors and height markers shall be installed for security purposes. (5) 6.13 If determined by the Chief of Police and the Community Development Director, based upon the number of calls for service, the owner and/or operator will be required to implement procedures to reduce the likelihood of criminal activity. (7) 6.14 Exterior public pay telephones shall be prohibited and interior public pay phones shall be programmed to prevent incoming calls. (7) 6.15 Restrooms shall be provided to the public at no cost and available during all hours of operation. Restrooms shall be maintained in a clean and sanitary condition. (7) 6.16 Water and air self-service shall be provided at no cost and available 24 hours a day. All air hoses shall be equipped with operating and accurately lubricated calibrated gauges. (2) 6.17 All truck deliveries shall occur prior to 6:00 a.m. and after 8:00 p.m. (2) 6.18 The applicant shall be responsible for taking appropriate corrective action to address any surface contamination as required for any accidental spills, as required to the satisfaction of the Health Care Agency. (2) 6.19 All requirements of the City's Noise Ordinance shall be met at all times. (5) 6.20 Applicants shall obtain and maintain the appropriate license from the State Department of Alcoholic Beverage Control for the sale of alcoholic beverages for off-site consumption. Exhibit A -Conditions of Approval Resolution No. 3734 CUP 99-026 & DR99-033 Page No. 12 (5) 6.21 Approved uses shall operate within all applicable State, County and the Tustin City Code. Any violations of the regulations of the Department of Alcoholic Beverage Control as they pertain to the subject location, or the City of Tustin, as they relate to the sale of alcoholic beverages, may result in the revocation of the subject Conditional Use Permit, as provided for in the Tustin City Code. (7) 6.22 No loitering signs shall be placed near the entrance on the outside of the premises. (7) 6.23 All litter shall be removed from the exterior areas around the premises including the adjacent public sidewalk areas, and parking areas, no less frequently than once each day that the business is open. (5) 6.24 Business operations shall be in a manner which does not create a public or private nuisance. Any such nuisance shall be abated immediately upon notice by the City of Tustin. (7) 6.25 All persons selling alcoholic beverages shall be 18 years of age or older. Employees selling alcoholic beverages who are between the ages of 18 and 21 shall be supervised by an employee who is 21 years of age or older. The supervisor shall be present in the same area as the point of sale. (7) 6.26 No alcoholic beverages shall be consumed on the property or any adjacent property to the licensed premises. (7) 6.27 Refrigerated single serving beverage containers shall be located in an enclosed refrigeration unit no less than 10 feet from the point of sale and a minimum of five (5) feet from the entrance to the premises. (7) 6.28 No display, sale or distribution of alcoholic beverages shall be made from an ice tub, barrel or similar container. (7) 6.29 No signs advertising. alcoholic beverages may be visible from the exterior of the building or on the gasoline pumps or islands. (7) 6.30 Display of alcoholic beverages for sale shall be located at least 25 feet from the location of any video arcade game, virtual reality or coin/token operated games. (7) 6.31 No more than four (4) video arcade games, virtual reality or coin/token operated games may be located on the premises without obtaining required approvals by the City of Tustin. Exhibit A -Conditions of Approval Resolution No. 3734 CUP 99-026 & DR99-033 Page No. 13 (5) 6.32 The sale of alcoholic beverages shall be limited to the hours of 6:00 a.m. to 2:00 a.m. daily consistent with State law. (2) 6.33 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 Community Development Director and/or Building Official (2) 6.34 Construction hours shall be clearly .posted on the `project .site to the..; satisfaction of the Building Official ENGINEERING (5) 7.1 The title report and Parcel Map No. 27-45 identify a ten (10) foot wide Caltrans easement for water line purposes along the westerly property line which is in conflict with the building location shown on the site plan. Prior to issuance of building permits, this easement shall be eliminated. If the easement is not eliminated, a ten (10) foot setback from the westerly property line shalt be required and modifications to °the site plan shall be subject to the review and approval of the Planning Commission. (5) 7.2 The site plan shall be revised to correctly reflect the dimensions of the existing parcel (1'59.72' by 145') as shown on the Assessors Parcel Map and Parcel Map No. 27-45 and the area proposed to be combined through a lot line adjustment (159.72' by 12') along the northerly property line. A lot Fine adjustment shall be required to combine the additional area to the north prior to the :issuance of building permits, theapplicant shall submit a lot line adjustment application for review and discretionary action by the City of Tustin. If the lot line adjustment is not approved, the depth of the site shall be reduced twelve (12) feet and the site design shall be modified and subject to the review and approval of the Planning Commission. (5) 7.3 Prior to plan check submittal the location of the twenty (20) foot ingress and egress easement at the easterly portion of the parcel as indicated on the title report shall be shown on the site plan. (5) 7.4 Prior to plan check submittal the centerline of Irvine Boulevard shall be shown on the site plan and preliminary landscape plans with the dimensions to the face of curb and right-of--way line. Exhibit A -Conditions of Approval Resolution No. 3734 CUP 99-026 & DR99-033 Page No. 14 (5) 7.5 Install traffic signs and provide pavement markings at the easterly access driveway (private alley) onto Irvine Boulevard indicating "Right Turn Only" for egress traffic from the site. Vehicles exiting the site shall only be allowed to turn right. A "No Exit" and pavement markings shall be installed adjacent to the westerly driveway. The applicantlproperty owner is responsible for maintaining configuration of westerly point of ingress to prevent exiting. The signing and striping markings shall be consistent with Caltrans specifications. If, in the future, it is determined that motorists are proceeding with left turn movements onto Irvine Boulevard from the driveway in violation of the signed prohibition, then the applicant shall be required to fully improve the center median to prevent left turn movements. (1) 7.6 A separate 24 inch by 36 inch street improvement plan, as prepared by a California Registered Civil Engineer, will be required for all construction with the public right-of--way. Construction and/or replacement of any missing or damaged public improvements will be required adjacent to this development. Said plan shall include, but not be limited to the following: a. Curb and gutter; b. Sidewalk, including curb ramps for the physically disabled; c. Drive aprons; d. Underground utility connections; e. Domestic water facilities; and, f. Sanitary sewer facilities. 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. (1) 7.7 Preparation of a sedimentation and erosion control plan for all work. related to this development will be required. (1) 7.8 Preparation and submittal of a final grading plan showing all pertinent elevations as they pertain tot he public right-of--way along with delineating the following information: a. Final street elevations at key locations. b. Final pad/finished floor elevations and key elevations for all site grading. All pad elevations to be a minimum of 1.0 foot above base flood elevation as defined by FEMA. c. All flood hazards of record. (1) 7.9 Prior to any work in the public right-of--way, an Encroachment Permit must be obtained and applicable fees paid to the Public Works Department. Exhibit A -Conditions of Approval Resolution No. 3734 CUP 99-026 & DR99-033 Page No. 15 (1) 7.10 Current Federal Americans with Disabilities Act (ADA) requirements will need to be met at the drive aprons. This will require construction of a minimum four foot (4') 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 required dedication of additional right-of-way to accommodate the sidewalk construction. A legal description and sketch of the dedication area, as prepared by a California Registered Civil Engineer and/or California Licensed Land Surveyor, shall be submitted to the Engineering Division for review and approval. (1) 7.11 This development shall comply with all applicable provisions of the City of Tustin Water Quality Ordinance and all Federal, State, Regional Water Quality Control Board and Orange County Sanitation District rules and regulations as they relate to car wash facilities. The plan shall be designed in accordance with, but not limited to, the following: Designed wash areas and dry-off areas shall have the following characteristics: •. Paved with Portland cement concrete; •. Covered or bermed to prevent contact with storm water; •. Sloped for wash water collection, and recycling; •. Discharges wash water to the sanitary sewer or a dead-end sump for proper disposal; •. Equipped with an Oil Water Separator and Water Quality Inlets to remove free phase liquid petroleum compounds, grease, floatable debris, and settable solids; and •. Where roofing is infeasible, an automated surface run-off diversion system shall be installed. Only the first 0.1 inch of rain water will be allowed to enter the sewer. After the first 0.1 inch of rainfall, excess rainwater shall be diverted to an appropriate drainage system by the automated diversion system. Manual methods of diversion (e.g. manual gates, removable plugs) are not acceptable. (2) 7.12 This development shall comply with all applicable provisions of the City of Tustin Water Quality Ordinance and all federal, state and Regional Water Quality Control Board and Orange County Sanitation District rules and regulations as they relate to service station facilities. The plan shall be designed in accordance with, but not limited to, the following: • Fueling area shall be designed to prevent run-on of storm water and the run-off of spills; • Paving of fueling area with Portland cement concrete; Provide an Exhibit A -Conditions of Approval Resolution No. 3734 CUP 99-026 & DR99-033 Page No. 16 overhead cover over the fueling area; • Use a perimeter drain or slope pavement inward with drainage to sump; • If a dead-end sump is not used to collect spills, an oil/water separator is to be installed. Spills can be contained within the fueling area either by using a perimeter drain or by sloping the pavement inward with drainage to a sump. In both cases the drain can be connected to the storm drain with a valve that is only closed during fueling operations and left open at all other times. FIRE (1) 8.1 The applicant shall submit plans for all fire lanes, vehicle circulation and access areas from the Fire Chief in consultation with the Manager, Subdivision and Grading Services. The plans shall include the plan view, sectional view, and indicate the grade and width of the areas flow line to flow line. All proposed fire apparatus turnarounds shall be approved by the Fire Chief. (1) 8.2 The applicant shall submit plans for fire lanes on required fire access roads or alleys less than 36 feet in width. The plans shall indicate the locations of red curbing and signage. A drawing of the proposed signage with height, stroke and color of lettering and the contrasting background color shall be submitted to and approved by the Fire Chief. (1) 8.3 Prior to the issuance of any grading or building permits, whichever occurs first, the applicant shall submit to the Fire Chief evidence of the on-site fire hydrant system and indicate whether it is public or private. If the system is private, the system shall be reviewed and approved by the Fire Chief prior to issuance of the system, in a manner meeting the approval of the Fire Chief. (1) 8.4 A note shall be placed on the fire protection access easement plan indicating that all street signs shall be designed and maintained to be either internally illuminated in a manner meeting approval of the Fire Chief. (1) 8.5 Prior to the issuance of any certificate of use and occupancy, the fire lanes shall be installed in accordance with the approved fire lane plan. The approved plans shall contain a fire lane map and provisions, which prohibit parking in the fire lanes. The method of enforcement shall be documented. Exhibit A -Conditions of Approval Resolution No. 3734 CUP 99-026 & DR99-033 Page No. 17 (2) 8.6 Prior to the issuance of any grading permits or building permits the applicant shall submit to the Fire Chief a list of the quantities of all hazardous, flammable and combustible materials, liquids or gases. These liquids and materials are to be classified according to the "Orange County Fire Authority Chemical Classification Handout". The submittal shall provide a summary sheet listing each hazard class, the total quantity of chemicals stored per class and the total quantity of chemicals used in that class. All forms of materials are to be converted to units of measure in pounds, gallons and cubic feet. (1) 8.7 Prior to the issuance of any building permits, an Orange County Fire Authority Water Availability form shall be submitted to and approved by the Plan Review Section of the Orange County Fire Authority. If sufficient water to meet fire flow requirements is not available, an automatic fire extinguishing system shall be installed in each structure, in a manner meeting the approval of the Fire Chief. (2) 8.8 Prior to the issuance of any building permits, the applicant shall contact the Orange County Fire Authority Hazardous Materials Disclosure Office at (714) 744-0463 to obtain a "Hazardous Materials Business Information and Chemical Inventory Packet". This shall be completed and submitted to the Fire Chief before the issuance of any building permits. (1) 8.9 Prior to the issuance of any certificates of use and occupancy, all fire hydrants shall have a "Blue Reflective Pavement Marker" indicating its location on the street or drive per the Orange County Fire Authority Standard and approved by the Fire Chief. On private property these markers are to be maintained in good condition by the property owner. (1) 8.10 Prior to the installation of the above ground/underground tanks; plans shall be submitted to the Fire Chief for review and approval. (1) 8.11 Prior to issuance of a building permit, the applicant shall submit plans for the review and approval of the Fire Chief as indicated on the OCFA Plan Submittal Criteria form. Contact the Orange County Fire Authority at (714) 744-0403 for a copy of the Fire Safety Site/Architectural Notes to be placed on the plans prior to submittal. FEES (1) 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. Exhibit A -Conditions of Approval Resolution No. 3734 CUP 99-026 & DR99-033 Page No. 18 a. Building plan check and permit fees to the Community Development Department based on the most current schedule. b. Orange County Fire Authority plan check and inspection fees to the Community Development Department based upon the most current schedule. c. New development fees in the amount of $.10 per square foot of floor area to the Community Development Department. d. Transportation System Improvement Program (TSIP), Benefit Area "A" fees in the amount of $5.53 per square foot of new or added gross square floor area of construction or improvements to the Community Development Department. e. Major thoroughfare and bridge fees in the amount of $3.09 per square foot of building area to the Tustin Public Works Department. Orange County Sanitation District No. 7 Sewer Connection Fees in the amount of $900.00 per 1,000 square feet of building area. g. School facilities fee to the Tustin Unified School District subject to any agreement reached and executed between the District and the applicant. (1) 9.2 Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of $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.