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HomeMy WebLinkAbout03 DR 02-038 and CUP 02-028Report to the ITEM #3 Planning Commission DATE: APRIL 14, 2003 SUBJECT: DESIGN REVIEW 02-038 AND CONDITIONAL USE PERMIT 02-028 APPLICANT: RUSSELL STOUT & ASSOCIATES 4635 CASS STREET SAN DIEGO, CA 92109 ATTN: RUSSELL STOUT PROPERTY OWNER: PAN PACIFIC PROPERTIES 1631-B MELROSE DRIVE VISTA, CA 92083 ATTN: JOHN DVORAK LOCATION: 1212 IRVINE BOULEVARD ZONING: RETAIL COMMERCIAL (C-l) AND TOWN CENTER REDEVELOPMENT PROJECT AREA ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO SECTION 15303 OF THE ENVIRONMENTAL QUALITY ACT (CLASS 3) CALIFORNIA REQUEST: 1) AUTHORIZATION TO CONSTRUCT A 6,940 SQUARE FOOT ADDITION TO TUSTIN HEIGHTS SHOPPING CENTER 2) AUTHORIZATION TO ESTABLISH SHARED PARKING FOR 125,458 SQUARE FEET OF EXISTING RETAIL BUILDINGS, A 6,060 SQUARE FOOT FREESTANDING RESTAURANT BUILDING (INCLUDING 162 SEATS), AND A 6,940 SQUARE FOOT ADDITION RECOMMENDATION That the Planning Commission adopt Resolution No. 3866 approving Design Review 02-038 for construction of the proposed 6,940 square foot addition and Conditional Use Permit 02-028 for shared parking for 125,458 square feet of retail uses, a 6,060 square foot freestanding restaurant including 162 seats, and the proposed 6,940 square foot addition. Planning Commission Report DR 02-038, CUP 02-028 April 14, 2003 Page 2 BACKGROUND The applicant is requesting approval to construct a 6,940 square foot addition to the Tustin Heights shopping center located at 1212 Irvine Boulevard. The shopping center includes a number of retail uses such as a Ralphs market, Longs Drugs retail/pharmacy, Michael's Arts and Craft, Linda Evans Fitness Center, a freestanding restaurant (Lone Star), Hollywood Video, and other in-line retail uses such as dry cleaning, stationery, and fast food uses. Based on the parking requirements of the zoning, the center is deficient in parking, and shared parking has been requested. Shared parking for sites more than 30,000 square feet require approval of the Planning Commission pursuant to Section 9271aa of Tustin City Code. The site is located within the Retail Commercial (C-1) zoning district and Town Center Redevelopment Project Area. Design Review requests within redevelopment areas require approval of the Zoning Administrator, which has been deferred to the Planning Commission to be considered concurrently with the conditional use permit. Site and Surrounding Properties The proposed addition is located at the southeast corner of the Tustin Heights shopping center on the south side of Irvine Boulevard east of Newport Avenue. Surrounding uses include commercial and residential uses to the south, professional offices to the east, commercial and institutional facility uses to the north, and commercial uses to the west (Attachment A- Location Map). Access to the site is provided from several driveways along Irvine Boulevard, and the residential development to the south has been granted an easement for access through the site. DISCUSSION The proposed project involves construction of a 6,940 square foot building addition (Attachment B - Submitted Plans). The site was primarily used as an outdoor retail area and has not been leased for several years. The outdoor area is enclosed by wrought iron fencing on the front, and chain link fencing and wood slats on the side, and a covered portion at the rear; all these existing improvements would be demolished. The applicant hopes to lease to a variety of prospective uses such as retail, restaurant, or medical/dental offices. A worst-case scenario (i.e., medical/dental office use) was considered in the preparation of the parking study to ensure flexibility in selecting tenants. Site Plan The retail center is approximately twelve (12) acres in area, and includes 131,518 square feet of building area and 580 parking spaces. The in-line tenant building is located along the south of the site and two freestanding tenant pads (Lone Star and Hollywood Video) are located along Irvine Boulevard. The expansion is proposed at the southeast corner of the in-line tenant building adjacent to Michael's Arts and Craft store. The tenants of the addition would share the existing trash facilities in the center. Condition 2.2 is included to require the applicant to submit a letter of acceptance from Federal Disposal at plan check or provide an additional trash enclosure to the rear of the building with appropriate access and screening. While a block wall separates the site from residential properties to the Planning Commission Report DR 02-038, CUP 02-028 April 14, 2003 Page 3 east, a portion of the wall is leaning and needs repair. In addition, the wall appears to be lower than the six (6) foot eight (8) inches required for separation of commercial and residential uses (Tustin City Code Section 9271). Condition 2.18 is included to require the property owner to repair and raise the height of the wall to the required height. Architecture/Landscaping The applicant has proposed extension of t,he retail building with the same height and building design. The proposed tenant space would include a storefront facing the parking lot to the north and two storefront areas to the east. The space would be potentially divided into two suites: a north facing 5,225 square foot suite in the front and an east facing 1,400 square foot suite in the rear. The expansion would also accommodate an exit corridor for the existing end suite adjacent to the proposed area. The building is designed with a fiat roof and stucco walls with parapet heights of twenty-two (22) feet and nineteen (19) feet to complement the existing building height. The building design is complementary to the existing shopping center with arched accents and keystones at the parapet and matching veranda columns. Matching stucco and storefront systems are proposed for the new addition (Attachment B - Submitted Plans/Elevations). Any new signs would be required by Condition 3.6 to be consistent with the master sign program for Tustin Heights Shopping Center and compatible with existing signs in the center. Lighting for the parking lot exists; no additional lighting is proposed at this time. However, the expansion and the proposed parking area would need to comply with the minimum lighting level of one (1) foot candle as required by Tustin Security Code. Condition 2.2 is included to require submittal of a lighting plan with specifications for all exterior lighting at plan check. The existing landscaping will be maintained and additional landscape areas are proposed to be provided along the east side of the addition. Condition 4.1 is included to require submittal of a landscape plan at plan check that complies with the City's Landscape and Irrigation Guidelines. Parking The entire site, which is under single ownership, contains 580 parking spaces in the front and eight (18) parking spaces in the rear. The applicant is proposing to install sixteen (16) new parking spaces to the east of the proposed addition, and four (4) parking spaces would be permanently eliminated along the northwest portion of the site as part of the acquisition and reconstruction of right-of-way for the Irvine Boulevard widening project. Thus, a total of 592 parking spaces would be provided in the front of the center after public and private improvements to the site. The applicant submitted a parking study with parking counts conducted during the peak hours of the weekdays and weekends (Attachment C - Parking Study). The parking study considered the 592 parking spaces that would be available on the front. The study concluded that use of the proposed addition, as a retail use, restaurant use, or medical/dental office use, would demand a maximum of forty-two (42) spaces. Since the peak parking periods were Saturday and Wednesday evening, where 89 and 99 Planning Commission Report DR 02-038, CUP 02-028 April 14, 2003 Page 4 open spaces would be available respectively, the study concludes that adequate parking would be provided in the center. In addition, the study also found that sufficient parking would be available in the immediate vicinity of the addition. The City's Traffic Engineer has reviewed the study with respect to the content, methodology, findings, and conclusions and determined that sufficient parking would be available. To ensure that adequate parking would be available at all times, Condition 6.1 is included to require submittal of a new traffic and/or parking studies for any changes to the existing and proposed uses and Condition 6.2 would require the preparation of a new parking study or a traffic study if parking or circulation problems arise in the future. A decision to approve the project may be supported by the following findings: , · The proposed addition complies with the development standards and requirements of the Retail Center (C-1) zoning district, with the exception of parking for which a shared parking study has been submitted in accordance with Section 9271aa of the Tustin City Code (TCC); In accordance with TCC Section 9271aa, the applicant has submitted a parking study prepared by a licensed traffic engineer demonstrating that there will be sufficient parking for all existing and proposed uses. The City's Senior Project Manager of Transportation has accepted the study's methodology as complete and accurate. The approval of a conditional use permit for shared parking for the center will not be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood, nor be injurious or detrimental to properties or improvements in the neighborhood, or to the general welfare of the community in that: The parking study concludes that the proposed 592 parking spaces would be adequate to serve the parking demand for all existing and proposed uses. During peak parking periods on Saturday and Wednesday evenings, 89 and 99 open spaces are anticipated to be available, respectively, which exceeds the maximum of forty-two parking spaces that would be required for the addition to be used for a retail use, restaurant use with a maximum of 126 seats, or a medical/dental office use; Shared parking within the center is distributed throughout the center and provides adequate and convenient access to all existing and proposed uses; and, All shared parking is located on a property under single ownership and a reciprocal access agreement is not required. The proposed project will not have a negative effect on the surrounding properties or impair the orderly and harmonious development of the area, the Planning Commission Report DR 02-038, CUP 02-028 April 14, 2003 Page 5 present or future development, or the occupancy, or community as a whole in that the location, height, massing, and scale, and architectural design and site amenities of the addition will be an extension of the existing in-line retail building using similar architectural details such as arched veranda, keystones at the parapet, and a matching storefront system. The colors and textures of the addition, as conditioned, will match the existing building. Minoo Ashabi Associate Planner Karen Peterson Senior Planner Attachments: Attachment A - Location Map Attachment B - Submitted Plans/Tenant Summary Attachment C - Submitted Parking Study Attachment D - Resolution No. 3866 S:\Cdd\PCREPORT~DR 02-038, CUP 02-028.doc ATTACHMENT A Location Map LOCATION MAP PROJECT NO. ADDRESS l~ I~ ::T-R-.¥tNF_. D,I...VD. p~OQEOT G ITF_-- TOS~TI~ CITY MAP LEGEND ............ 12891 IRVINE mmmmmm IRVI f,~l/lOl' 104.~5 Vlll. 4GE tI,9Mi:S .- o c .~ c o i?./,v (EL atO0~: NA - I.~'VlNE CHANNEL) ATTACHMENT B Submitted Plans/Tenant Summary ~T~ ADD~ON RUS~ ST~T ~ A~IA~S, lNg. SEC ~ BL~ ~ ~ET ~c~ ~ ~ TUST~ ~IG~S SHOPP~G C~R ~ ~ s~i TUSTIN, CA 92780 ",~'.~"'~ ~ ..... = ~[Tt~ SEC [RVINE BLVD & Nl~rl~RT  ~AN ~T OF 1212 ~ BL~ : ' '" ~S~ ~G~ SHOPP~G ~ ~ ~E~, ~ 921~ ~ ~S~, ~A 92780 : ~,.~ · ' ~/~D SEC ~ BLVD & ~RT  E~T OF 1212 ~ BLVD [ ~ ~ ~ ~ TUS~ ~IG~S SHOPP~G CE~R ~ST~, CA 92780 !'~ ~ I " ! , ~) _ __Et ....... SEC ~ BL~ & ~RT ~c~. EAST OF 1212 ~ BLVD : ' ' ' . TUS~ ~Ig~S SHOPP~G C~ TUST~, CA 92780 ~,.~,~ I - tliittillltltt '.Il RETAIL ADDITION SEC II{VINE BLVD & ~RT FAST OF 12121RVINE BLVD TUSTIN HEIGHTS SHOPPING CENTER TUSTIN, CA 92780 Tustin Heights Shoppin9 Center Address Tenant Area 1076 Irvine Blvd. Pink Panther Cleaners 1,500 1078 Irvine Blvd. Creative beauty Supply 1,425 1080 Irvine Blvd. Pro Nails 975 1084 Irvine Blvd. Courtyard Travel 1,600 1086 Irvine Blvd. Irvine Chinese food 1,375 1088 Irvine Blvd. Great Clips for Hair 1,330 1090 Irvine Blvd. Check-N-Go 1,575 1092 Irvine Blvd. Leslie's Pool Marl 3,345 1096 Irvine Blvd. Barry Change, D.D.S. 2,250 1100 Irvine Blvd. Scooters Mailbox 3,780 1102 Irvine Blvd. Dr. Lowell Booth, O.D. 1,404 1104 Irvine Blvd. Papa Johns Pizza 1,365 1106 Irvine Blvd. Score Learning 1,170 1108 Irvine Blvd. Tokyo Bowl 1,600 1114 Irvine Blvd. Ralph's Grocery Store 36,400 1162 Irvine Blvd. Linda Evans Spa 4,000 1192 Irvine Blvd. Linda Evans Club 7,550 1202 Irvine Blvd. Long Drug Store 23,250 1212 Irvine Blvd. Michaels' Art and Craft22,364 1212 Irvine Blvd. Vacant (proposed) 6,940 125,198 1222 Irvine Blvd. Lonestar Steakhouse 6,060 162 seats 1240 Irvine Blvd. Hollywood Video 7,200 13,260 Total 138,458 **Based on a parking demand analysis prepared by Willdan received on March 10, 2003 ATTACHMENT C Submitted Parking Study WILLDAN Serving Public Agencies 27042 Towne Centre Drive, Suite 270 Foothill Ranch, California 92610 949/470-8840 fax 949/770-9041 www. willdan.com January 21, 2003 Mr. John Dvorak Pan Pacific Retail Properties 1631-B S. Melrose Drive Vista, CA 92083 R E C EIVE D ' NAR 10 2003 COMMUNITY DEVELOPMENT BY SUBJECT: TUSTIN HEIGHTS SHOPPING CENTER PARKING STUDY, CITY OF TUSTIN Dear Mr. Dvorak: This letter report presents a parking analysis for the available space located adjacent (east side), to the Michael's Arts & Crafts store located within the TUstin Heights shopping center in the City of Tustin. These analyses are based upon discussions with City Staff, information provided by you and your representatives, field studies, parking counts, and standard reference material. PROJECT DESCRIPTION The proposed project area was previously utilized as an outdoor nursery, which was a part of a big box tenant. Figure I illustrates the site plan and indicates the location of the proposed new building area within the shopping center along with the parking areas which were counted. The proposed expansion is 6,940 SF and is located in the southeast corner of the Tustin Heights shopping center. At the time of preparing this parking study, them were no perspective tenants for the vacant area, therefore, a variety of land uses such as retail, office, restaurant and medical/dental office were utilized in the study to determine the parking adequacy under each of these uses. Wi//dan #12946 Tustin Heights Shopping Center Parking Study City of Tustin Jo,~C.LL . · I'Oed I=.~ua0 . ~gUleu~ozcl~ enu.e^¥ 1dod~eN o° 0 EXISTING CONDITIONS The existing uses within the Tustin Heights shopping center were verified and are listed in Table 1, along with the associated square footages and hours of operation. As shown in Table 1, other than the proposed expansion area, there are no vacant suites within the strip portion of the center. In addition, all the pad areas located within the center are all occupied. Based on existing counts at the Tustin Heights shopping center, there are approximately 590 existing parking spaces to serve the center. It should be noted that there are parking spaces available within the area south of the buildings at the west end of the site; however these parking spaces probably would not be utilized by customers of the proposed project area and therefore were not included in these analysis. CITY PARKING CODE The City of Tustin, Planning Department was contacted to obtain the City Parking Codes for the uses within the Tustin Heights shopping center. The parking code requirements are shown below: RETAIL RESTAURANT MEDICAL / DENTAL OFFICE I Space Per 200 SF I Space Per 3 Seats 1 Space Per 250 SF (1sT 4,000 SF) & 6 Spaces Per 1,000 SF (excess of 4,000 SF) FITNESS CENTER 7.2 Spaces Per 1,000 SF(~) (1) Per Parking Study completed for Linda Evans Fitness Center dated May 30, 2000. These rates were applied to each of the tenants within the Tustin Heights shopping center and the results are provided in Table 2. As shown, a total of 748 parking spaces would be required for the entire shopping center, which would include the proposed expansion area located east of Michael's Arts & Crafts store. As stated earlier, the Tustin Heights shopping center currently provides a total of 590 parking spaces. The parking located adjacent to the expansion area, labeled as "Parking Area 25", will be restriped to provide a total of 16 parking spaces. There are four (4) parking spaces located on the north-west portion of the Willdan #12946 -3- Tustin Heights Shopping Center Parking Study City of Tustin TABLE 1 TENANTS OF TUSTIN HEIGHTS SHOPPING CENTER Parking Study Commercial Strip 1076 Pink Panther Cleaners 1,500 SF Monday - Friday: 7:00 AM - 7:00 PM Saturday: 8:00 AM - 5:00 PM Sunday: Closed 1078 Creative Beauty Supply 1,425 SF Tuesday - Friday: 10:00 AM - 7:00 PM Saturday & Sunday: 10:00 AM - 6:00 PM 1080 Pro Nails 975 SF Unknown 1084 Courtyard Travel 1,600 SF Monday - Friday: 8:00 AM - 6:00 PM Saturday: 9:30 AM - 3:30 PM Sunday: By Appointment Only 1086 Irvine Chinese Food 1,375 SF Monday - Friday: 11:00 AM - 9:00 PM Saturday: 11:30 AM - 9:00 PM Sunday: Closed 1088 Great Clips for Hair 1,330 SF Monday - Friday: 9:00 AM - 9:00 PM Saturday: 9:00 AM - 6:00 PM Sunday: 11:00 AM - 5:00 PM 1090 Check-N-Go 1,575 SF Monday - Thursday: 9:30 AM - 6:00 PM Friday: 9:30 AM - 7:00 PM Saturday: 9:30 AM - 4:00 PM Sunday: Closed 1092 Leslie's Pool Mart 3,345 SF Monday - Saturday: 9:00 AM - 7:00 PM Sunday: 10:00 AM - 5:00 PM 1096 Barry Chang, D.D.S. 2,250 SF Unknown 1100 Scooters Mailbox 3,780 SF Monday - Friday: 9:00 AM - 6:30 PM Saturday: 9:30 AM - 5:30 PM Sunday: Closed 1102 Dr. Lowell Booth, O.D. 1,404 SF Monday- Friday: 9:00 AM - 5:15 PM Saturday: 9:00 AM - 1:00 PM Sunday: Closed 1104 Papa Johns Pizza 1,365 SF Monday - Thursday: 11:00 AM - 11:00 PM Friday & Saturday: 11:00 AM - Midnight Sunday: 11:00 AM - 10:00 PM 1106 Score Learning 1,170 SF Monday - Wednesday: 2:00 PM - 8:00 PM Thursday - Friday: 10:00 AM - 6:00 PM Saturday: 10:00 AM - 5:00 PM Sunday: Closed -4- TABLE 1 (Cont.) TENANTS OF TUSTIN HEIGHTS SHOPPING CENTER Parking Study Commercial Strip 1108 Tokyo Bowl 1,600 SF Monday - Saturday: 11:00 AM - 9:00 PM Sunday: Unknown 1114 Ralph's Grocery Store 36,400 SF Open 24-Hours 1162 Linda Evans Spa 4,000 SF Monday - Thursday: 5:30 AM - 10:00 PM Friday: 5:30 AM - 8:00 PM 1192 Linda Evans Club 7,550 SF Saturday& Sunday: 7:00 AM -~5:00 PM 1202 Longs Drug Store 23,250 SF Monday - Saturday: 7:00 AM - 10:00 PM Sunday: 9:00 AM - 8:00 PM 1212 Michael's Arts & Crafts Store 22,364 SF Monday - Saturday: 9:00 AM - 9:00 PM Sunday: 10:00 AM - 7:00 PM - Vacant Area 6,940 SF Unknown On-Site Pads 1222 Lonestar Steakhouse 6,060 SF Sunday - Thursday: 11:00 AM - 9:30 PM Friday & Saturday: 11:00 AM - 10:00 PM 1240 Hollywood Video 7,200 SF Monday - Sunday: 10:00 AM - Midnight -.5- TABLE 2 PARKING DEMAND PER CITY CODE Tustin Heights Shopping Center, Parking Study 1076 Pink Pan~er Cleanem 1 ,~0 SF - 1 / 200 SF 8 Spa~s 1078 Creative ~ Supply 1,425 SF - 1 / 200 SF 7 Spa~s 1080 Pm Nails 975 SF - I / 200 SF 5 Spa~s 10~ C~ Travel 1,600 SF - 1 / 200 SF 8 S~s 10~ I~ Chi~se F~ 1,375 SF 20 I / 3 ~ 7 Spa~s 10~ Great Clips f~ Hair 1,330 SF 1 / 200 SF 7 S~s 10~ Ch~-N-Go 1,575 SF 1 / 200 SF 8 S~ms 1092 Leslie's P~I Ma~ 3,~5 SF I / 2~ SF 17 S~s 10~ ~ Chang, D.D.S. 2,250 SF - (1) 9 Spa~s 11~ S~tem Mail~x 3,7~ SF - I /200 SF 19 S~s 1102 Dr. L~II B~, O.D. 1,4~ SF - (1) 6 Spa~s 11~ Papa J~ns Pi~ - ~akeout Only) 1,365 SF - 1 / 200 SF 7 S~s 11~ ~e Learning 1,170 SF - 1 / 200SF 6 S~s 1108 T~ B~ 1,600 SF 26 1 /3 ~a~ 9 S~s 1114 Ralph's Gr~ Store ~,400 SF 1 / 200 SF 182 Spa~s 1162, 1192 Linda Evans Club & Spa 11,5~ SF 7.2 / 1000 SF 83 Spa~s 1202 Longs Drag Store 23,250 SF - 1 /200 SF 116 Spa~s 1212 Michael's Stye 22,3~ SF - 1 /200 SF 112 Spa~s 1~ Looser Steakhouse 6,~0 SF 162 I / 3 ~ ~ Spa~s 1240 Holl~ ~d~ 7,200 SF - 1 / 200 SF 36 Spa~s Vaunt Ama 6,~0 SF - (1) 42 Spa~s (~sumed Womt Case: Medi~l/Den~l ~) / NOTE: The Medical/Dental Office parking ratio is applied to the total square feet of medical/dental use within building or center. (1 space per 250 SF for the first 4,000 SF of Medical/Dental land use within the center and 6 spaces per 1,000 SF in excess of 4,000 SF.) -co- site which will be deleted due to future widening along the Irvine Boulevard and Newport Avenue intersection. Overall, the site will provide a total of 592 parking spaces. Again parking located in the back of the shopping center was not included in these analyses. Based upon these data there would be a parking deficit per City Code requirements. FIELD STUDIES In order to determine the actual parking demands within the Tustin Heights shopping center during a specific time of day, parking demand counts were performed by Southland, a traffic data collection company. Due to the fact that a tenant for the project site has not been identified and the hours of operation are unknown, counts were conducted to cover AM, Midday and PM time periods. Counts were performed on Wednesday (6/19/02) and Saturday (6/15/02) from 8:00 AM to 2:00 PM and from 4:00 PM to 7:00 PM by half hour intervals. The day and time periods were discussed and agreed upon with City Staff. The existing parking lot was subdivided into 25 parkingareas to provide detailed information on where the current parking demand exists. These subdivided areas are shown on Figure I and the count data can be found in Appendix A. Table 3 summarizes the parking count data for each time period. As shown in Table 3, the weekend peak parking period for the shopping center on Saturday (6-15-02)occurred at 10:00 AM with 256 parked vehicles and the weekday peak parking period on Wednesday (6- 19-02) occurred at 6:00 PM with 275 parked vehicles, which can be easily accommodated with the 592 parking spaces provided. Due to the fact that the shopping center is quite large, a detailed examination of where vehicles were parking was completed in order to determine available parking within close proximity to the project site. Review of Figure I indicates that parking areas 17, 19-22, and 25 would most likely utilized by patrons of the proposed project expansion site. Table 4 Wi#dan #12946 -?- Tustin Heights Shopping Center Parking Study City of Tustin TABLE 3 PARKING DEMAND ANALYSES Tustin Heights Shopping Center, Parking Study : .:. :~::.~ ;:. ~ .~ .~.: .............. . .:...:~ ........ ~...: :... :::.::i:.::. ~ :,:.: .i :'. i. :. ! !' i, ': 'i .:~:i:: :::?i :: :':.': i. !: ; ...... i ~';'" :~ :: ::~ :":':'? ~:'": ¥ 8:00 AM 74 76 518 516 42 Spaces 8:30 AM 71 123 521 469 42 Spaces 9:00 ~ 94 153 498 439 42 Spaces '9:30 AM 168 175 424 417 42 Spaces o:oo S.aces 10:30 AM 248 179 344 413 42 Spaces , 11:00 AM 234 193 358 399 42 Spaces 11:30 AM 216 187 376 405 42 Spaces 12:00 PM 236 226 356 366 42 Spaces 12:30 PM 247 225 345 367 42 Spaces 1:00 PM 253 222 339 370 42 Spaces 1:30 PM 250 178 342 414 42 Spaces 2:00 PM 247 175 345 417 42 Spaces 4:00 PM 234 187 358 405 42 Spaces 4:30 PM 230 210 362 382 42 Spaces 5:00 PM 252 219 340 373 42 Spaces 5:30 PM 245 262 347 330 42 Spaces 6:00 PM 238 3~ 317 42 Spaces 6:30 PM 244 249 348 343 42 Spaces 7:00 PM 247 238 345 354 42 Spaces represent the observed peak parking demand. -8- documents the number of parked vehicles observed in these specific parking areas and the count data can be found in Appendix B. As shown in Table 4, the weekend and weekday peak parking periods for the six parking areas stated above were observed on Saturday (6-15-02) at 6:30 PM with 87 parked vehicles and on Wednesday (6-19-02) at 6:00 PM with 77 parked vehicles. A total of 176 parking spaces are provided within these six parking areas. ANAL YSE$ The focus of these analyses is to document the actual parking demand in proximity to the expansion area and to determine if there is justification for the Conditional Use Permit 02- 028. The parking demand analysis not only accounted for parking associated with the existing uses within the Tustin Heights shopping center, but also the parking space demand for the proposed project. As previously stated in the report, there are no perspective tenants for the project site, therefore a variety of land uses which include retail, office, bank, medical/dental office and restaurant were chosen to be included in the analysis as potential land uses. Table 5 provides required parking information for the expansion area based upon each potential land use, the proposed expansion area square footage of 6,940 square feet and the City of Tustin's parking code data. An assumption was made, regarding the restaurant land use that approximately 50 seats could be provided. As shown in Table 5, the medical/dental land use would generate the highest parking demand of 42 parking spaces and therefore was utilized within the analysis as the "proposed tenant" for a worst case scenario. For convenience, the parking demand counts were translated into "REMAINING AVAILABLE SPACES", so the remaining parking supply could be cOmpared to the projected parking demand. The proposed tenant, under a worst case scenario, would require 42 parking Willdan #12946 Tustin Heights Shopping Center Parking Study City of Tustin -9- TABLE 4 PARKING DEMAND ANALYSES - CLOSE PROXIMITY TO VACANT AREA Tustin Heights Shopping Center, Parking Study 8:00 AM 6 11 170 165 42 Spaces 8:30 AM 6 18 170 158 42 Spaces 9:00 AM 12 '25 164 151 42 Spaces 9:30 AM 30 28 146 148 42 Spaces 10:00 AM 50 34 126 142 42 Spaces 10:30 AM 42 41 134 135 42 Spaces 11:00 AM 48 48 128 128 42 Spaces 11:30 AM 44 52 132 124 42 Spaces 12:00 PM 48 54 128 122 42 Spaces 12:30 PM 57 51 119 125 42 Spaces 1:00 PM 52 57 124 119 42 Spaces 1:30 PM 52 46 124 130 42 Spaces 2:00 PM 59 45 117 131 42 Spaces 4:00 PM 52 45 124 131 42 Spaces 4:30 PM 65 48 111 128 42 Spaces 5:00 PM 55 57 121 119 42 Spaces 5:30 PM 68 65 108 111 42 Spaces 6:00 PM 83 177 ~ 93 99 42 Spaces 6:30 PM 87 :~ 63 :89: 113 42 Spaces 7:00 PM 74 66 102 110 42 Spaces represent the observed peak parking demand. Note: Proposed Building Area would most !ikely utilize Parking Areas 17, 19, 20, 21, 22 and 25. (See Figure 1 for Parking Areas.) -]0- TABLE 5 PARKING DEMAND PER CITY CODE FOR THE PROPOSED PROJECT (Tustin Heights Shopping Center) Parking. Study Project Location: East of Michael's Arts & Crafts, Vacant Nursery Area Retail 6,940 SF 1 Space Per 200 SF 35 SpaCes Office/Banks 6,940 SF 1 Space Per 250 SF 28 Spaces Restaurant 6,940 SF 1 Space Per 3 Seats 17 Spaces (Assumed: Max. 50 ,Seats) Medical/Dental Office 6,940 SF 1 Space Per 250 SF (1s~ 4,000 SF) Plus 2 Spaces and Clinics 6 Spaces Per 1,000 SF (in excess of 4,000 SF)(2) 40 Spaces 42 Spaces (1) (2) Note: Per Tustin City Code, Zoning - Retail Commercial District (C-1) The Medical/Dental Office parking ratio is applied to the total square feet of medical/dental use within a building or center. There is currently 3,654 SF of Dental office use within the center. The project is proposing a total of 6,940 SF. Of the 6,940 SF for the proposed project, 1 space per 250 SF would be applied to 346 SF and 6 spaces per 1,000 SF would be applied to the remaining 6,594 SF. -il- spaces as indicated in Table 5. Table 3, which provides information on all parking areas, indicates that these 42 parking spaces can be adequately served by the 336 remaining spaces on Saturday and 317 available spaces on Wednesday during the center's peak parking periods. Based upon the size of the shopping center, a more detailed analyses was performed on the parking supply in close proximityto the proposed expansion area utilizing parking areas 17,~ 19-22 and 25. Similar to the overall parking analyses, the detailed analysis translated the parking demand counts into "REMAINING AVAILABLE SPACES"so the remaining parking supply in these six parking areas could be compared to the projected parking demand. As shown in Table 4, the 42 parking space demand for the proposed'expansion area can be adequately served by the 89 remaining spaces on Saturday and 99 available spaces on Wednesday during the center's peak parking periods. SUMMARY Parking for the proposed expansion area located east of the Michael's Art and Craft store within the Tustin Heights shopping center in the City of Tustin was analyzed on two levels; one based upon City Code and the other based upon actual demand. Utilizing the City's Parking Code, there would be a parking deficit and Conditional Use Permit 02-028 would address the reduction of off-street parking requirements through approval of a shared parking, analysis. Information based upon current field studies and projected parking demands for a proposed tenant with a "worst case" land use assumption indicates that there would be a minimum parking surplus of 317 parking spaces, after the entire shopping center was parked. Analyzing the parking within close proximity to the expansion area within the center, by utilizing parking areas 17, 19-22 and 25 indicated that there would be a parking surplus of 89 parking spaces. Willdan Tustin Heights Shopping Center Parking Study #12946 - 12- City of Tustin This study indicates that there would be an adequate parking supply within the Tustin Heights shopping center to support existing.uses and the proposed 6,940 SF expansion. We trust that these analyses will be of assistance to you and the City of Tustin. Ifyou have any questions or require additional information, please contact us. Respectfully submitted, WILLDAN R./~c~o~ <in, P.E. Registered Professional Engineer State of California Number C48774 RSB:HN #12946 Heather Nix Associate Engineer/Senior Planner Willdan #12946 -13- Tustin Heights Shopping Center Parking Study City of Tustin APPENDIX COUNT DATA APPENDIX B.1 PARKING COUNT SUMMARY WITHIN CLOSE PROXIMITY TO THE SITE Tustin Heights Shopping Center, Parking Study SATURDAY (6-15-02) WEDNESDAY (6-19-02) 8:00 am 0 0 2 2 2 0 6 8:00 am 0 3 1 5 2 0 11 8:30 am 0 0 2 2 2 0 6 8:30 am 0 9 1 6 2 0 18 9:00 am 0 6 2 3 1 0 12 9:00 am $ 6 3 8 3 0 25 9:30 am 4 15 5 4 2 0 30 9:30 am 3 11 1 9 4 0 28 10:00 am 7 21 10 10 2 0 50 lO:OOam 4 14 I 10 $ , 0 34 10:30 am 6 15 8 11 2 0 42 lO:30am 4 16 $ 11 5 0 41 1100 am 10 18 8 8 4 0 48 1 l:OOam 3 18 6 12 7 2 48 11:30 am 8 19 6 8 3 0 44 11:30am 7 22 7 8 6 2 52 12:00pm 9 20 7 9 3 0 48 12:00pm 7 17 11 12 6 1 54 12:30pm 16 19 8 11 3 0 57 12:30pm 12 15 5 11 7 1 51 1:00 pm 13 15 9 13 2 0 52 1:00 pm 13 18 8 12 5 1 57 1:30 pm 6 21 11 11 2 0 52 1:30 pm 6 18 6 13 3 0 46 2:00 pm 13 21 8 15 2 0 59 2:00 pm 4 18 5 12 6 0 45 4:00 pm 8 17 11 14 2 0 52 4:00 pm 9 19 3 8 6 0 45 4:30 pm 9 21 17 15 3 0 65 4:30 pm 9 19 6 7 7 0 48 5:00 pm 10 20 9 12 4 0 55 5:00 pm 11 18 12 8 8 0 57 5:30 pm 14 19 13 17 5 0 68 5:30 pm 13 24 11 10 7 0 65 6:00 pm 22 14 23 20 4 0 83 6:00 pm 15 16 15 15 16 0 77 6:30 pm 22 15 24 21 5 0 87 6:30 pm 10 20 12 11 10 0 63 7:00 pm 20 15 21 15 3 0 74 7:00 pm 16 19 11 10 10 0 66 * Total Number of Parking Spaces in Each Parking Area. ATTACHMENT D Resolution No. 3866 RESOLUTION NO. 3866 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN APPROVING DESIGN REVIEW 02-038 AUTHORIZING CONSTRUCTION OF 6,940 SQUARE FOOT ADDITION TO AN EXISTING SHOPPING CENTER LOCATED AT 1212 IRVlNE BOULEVARD AND CONDITIONAL USE PERMIT 02-028 FOR SHARED PARKING FOR 125,458 SQUARE FEET OF EXISTING RETAIL BUILDINGS, A 6,060 SQUARE FOOT EXISTING FREESTANDING RESTAURANT BUILDING (162 SEATS), AND A 6,940 SQUARE FOOT ADDITION The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application for Design Review 02-038 and Conditional Use Permit 02-028 was filed by Pan Pacific requesting authorization to construct a 6,940 square foot addition to an existing shopping center and establish shared parking for 125,458 square feet of existing retail buildings, a 6,060 square foot existing freestanding restaurant building (162 seats), and a 6,940 square foot addition. B. That the proposed use is consistent with the Tustin General Plan in that the property is designated as "Community Commercial" which provides for the establishment of commercial uses. In addition, 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. C. Shared parking is permitted with approval of a conditional use permit pursuant to Section 9271aa of the Tustin City Code. D. That a public hearing was duly called, noticed, and held on said application on April 14, 2003, by the Planning Commission. E, Pursuant to Section 9272 of the Tustin City Code, the Planning Commission finds that the location, size, architectural features, and general appearance of the proposed development will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole in that the building location, height, massing, and scale, and the proposed architectural design and site amenities are consistent with the existing retail buildings of the shopping center with the use of an arched veranda, keystones at the parapet, a matching storefront, and features which are compatible with the setting and similar to other commercial uses in the area. In making such findings, the Commission has considered at least the following items: Resolution No. 3866 Page 2 , 2. 3. 4. 5. 6. , 10. 11. 12. 13. 14. Height, bulk, and area of buildings; Setbacks and site planning; Exterior materials and colors; Type and pitch of roofs; Size and spacing of windows, doors, and other openings; Towers, chimneys, roof structures, flagpoles, radio and television antennae; Location, height, and standards of exterior illumination; Landscaping, parking area design, and traffic circulation; Location and appearance of equipment located outside an enclosed structure; Location and method of refuse storage; Physical relationship of proposed structures to existing structures in the neighborhood; Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares; Proposed signage; and, Development guidelines and criteria as adopted by the City Council. F, That the establishment of shared parking in accordance with Tustin City Code Section 9271aa, under the circumstances of this case, will not be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin in that: The proposed addition complies with the development standards and requirements of the Retail Center (C-1) zoning district with the exception of parking for which a shared parking study has been submitted in accordance with Section 9271aa of Tustin City Code; The parking study concludes that the proposed 592 parking spaces would be adequate to serve the parking demand for all existing and proposed uses. During peak parking periods on Saturday and Wednesday evenings, 89 and 99 open spaces are anticipated to be available, respectively, which exceeds the maximum of forty-two parking spaces that would be required for the addition to be used for a retail use, restaurant use with a maximum of 126 seats, or a medical/dental office use; Shared parking within the center is distributed throughout the center and provides adequate and convenient access to all existing and proposed uses; and, Resolution No. 3866 Page 3 All shared parking is located on a single property under single ownership and a reciprocal access agreement is not required. Go This project is Categorically Exempt pursuant to Section 15303, Class 3 of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Planning Commission hereby approves Design Review 02-038 and Conditional Use Permit 02-028 to construct a 6,940 square foot addition to an existing shopping center and establish shared parking for 125,458 square feet of existing retail buildings, a 6,060 square foot existing freestanding restaurant building with 162 seats, and a 6,940 square foot addition at 1212 Irvine Boulevard, 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 14th day of April, 2003. LINDA C. JENNINGS Chairperson ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning Commission Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3866 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 14th day of April, 2003. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A POTENTIAL CONDITIONS OF APPROVAL DESIGN REVIEW 02-038 AND CONDITIONAL USE PERMIT 02-028 APRIL 14, 2003 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped April 14, 2003, on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Director of Community Development may also approve subsequent minor modifications to plans during plan check or conditions of approval if such modifications are consistent with provisions of the Tustin City Code. (1) 1.2 This approval shall become null and void unless construction is on the way within twelve (12) months of the date of this Exhibit. Time extensions may be granted if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.3 All conditions in this Exhibit shall be complied with as specified, subject to review and approval by the Community Development Department. (1) 1.4 Approval of Design Review 02-038 and Conditional Use Permit 02-028 is contingent upon the applicant and property owner signing and returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the property owner signing and recording with the County Clerk-Recorder a notarized "Notice of Discretionary Permit Approval and Conditions of Approval" form. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. (~) 1.s As a condition of approval of Design Review 02-038 and Conditional Use Permit 02-028, the applicant shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision-making body, including staff, concerning this project. The City agrees to promptly notify the applicant of any such claim or action filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in defense of any such action under this condition. SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODEIS (4) DESIGN REVIEW *** EXCEPTIONS (s) (6) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY Exhibit A Resolution No. 3866 April 14, 2003 Page 2 (***) 1.6 Conditional Use Permit 02-028 may be reviewed annually or more often, if deemed necessary by the Community Development Department, to ensure compatibility with the area and compliance with the conditions contained herein. BUILDING DIVISION (3) 2.1 At the time of building permit application, the plans shall comply with the latest adopted codes, City Ordinances, and State and Federal laws and regulations. The City is currently using the 2001 California Building Code (CBC), 2001 California Mechanical Code (CMC), 2001 California Plumbing Code (CPC), 2001 California Electrical Code (CEC), California Title 24 Accessibility Regulations, and Title 24 Energy Regulations. (1) 2.2 Building plan check submittal shall include the following: · Four (4) sets of construction plans, including drawings for mechanical, plumbing, and electrical. · Two (2) copies of structural calculations. · Elevations that include all proposed dimensions, materials, colors, finishes, and partial outlines of adjacent buildings on-site and off-site where applicable. · Roofing material shall be fire rated class "B" or better. · Note on plans that no field changes shall be made without prior approval from the Building Official and architect or engineer of record. · Rooftop equipment shall be installed and maintained at least six (6) inches below the parapet so the equipment is not visible from the public right-of-way. · Details of all proposed lighting fixtures and a photometric study showing the location and anticipated pattern of light distribution of all proposed fixtures. All new light fixtures shall be consistent with the architecture of the building, and 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 Ordinance. · A letter of acceptance from Federal Disposal for the use of existing trash facilities. Any new trash enclosures shall be located to the rear of the center and constructed in accordance with the City's standard detail and the requirements of Federal Disposal and shall be adequately screened. (1) 2.3 Prior to permit issuance, clearance from the Orange County Fire Authority is required. Provide information to ensure compliance with requirements of the Orange County Fire Authority, including fire flow and installation of fire hydrants subject to approval of the City of Tustin Public Works and/or Irvine Ranch Water District. Exhibit A Resolution No. 3866 April 14, 2003 Page 3 (4) 2.4 Vehicle parking, primary entrance to the building, the primary paths of travel, cashier space, sanitary facilities, drinking fountain, and public telephones shall be accessible to persons with disabilities. (1) 2.5 Four (4) sets of final grading plans consistent with the site and landscaping plans as prepared by a registered civil engineer shall be submitted and shall include the following: · Technical details and plans for all utility installations including telephone, gas, water, and electricity. · Three (3) copies of a precise soils report (less than one (1) year old) provided by a civil engineer. Expanded information regarding the levels of hydrocarbons and ground water contamination found on-site shall be provided in the soils report. All pavement "R" values shall be in accordance with applicable City of Tustin standards. · All site drainage shall be handled on-site and shall not be permitted to drain onto adjacent properties. · Two (2) copies of Hydrology Report. (1) 2.6 The engineer of record shall submit a final compaction report to the Building Division for review and approval prior to the issuance of a building permit. 2,7 The engineer of record shall submit a pad certification to the Building Division for review and approval prior to the issuance of a building permit. 2.8 A surety/cash bond will be required to assure work is completed in accordance with approved plans prior to permit issuance. The engineer's estimated cost of the grading, drainage, and erosion control shall be submitted to the Building Official for determination of the bond amount. 2,9 Prior to issuance of any 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. (1) 2.10 Prior to submittal of a Water Quality Management Plan (WQMP), the applicant shall submit a deposit of $2,700 for the estimated cost of review of the WQMP to the Building Division. The actual costs shall be deducted from the deposit, and the applicant shall be responsible for any additional review Exhibit A Resolution No. 3866 April 14, 2003 Page 4 cost that exceeded the deposit prior to issuance of grading permits. Any unused portion of the deposit shall be refunded to the applicant. (1) 2.11 Prior to issuance of any permits, the property owner shall record a Notice of Water Quality Management Plan (WQMP) with the County Clerk Recorder on a form provided by the Community Development Department to inform future property owners of the requirement to implement the approved WQMP. (1) 2.12 The Community Development and Public Works Departments shall determine whether any change in use requires an amendment to an approved Water Quality Management Plan. (1) 2.13 A note shall be provided on final plans that a six (6) foot high chain link 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. (1) 2.14 Pursuant to the City of Tustin's Security Ordinance and the Uniform Fire Code, street numbers shall be displayed in a prominent location on the street side of the building. The numerals shall be no less than six (6) inches in height and shall be of contrasting color to the background to which they are attached and illuminated during hours of darkness. (1) 2.15 The applicant shall comply with all City policies regarding short-term construction emissions, including periodic watering of the site and prohibiting grading during second stage smog alerts and when wind velocities exceed 15 miles per hour. (3) 2.16 All new glass doom and windows, in or adjacent to doom, shall be tempered in accordance with the 2001 California Building Code Section 2406.4. (1) 2.17 At plan check, a site plan shall be provided that is consistent with information in the parking analysis, which includes the location~ and dimension of all parking spaces, including the parking spaces located to the rear of the buildings. A minimum thirty-six (36) foot driveway access shall be provided on the east. (*) 2.18 The existing painted masonry block wall that separates the commercial use from residential uses along the eastern property line shall be repaired and raised to the height of six (6) foot eight (8) inches prior to issuance of a Certificate of Use and Occupancy for the addition. The block wall shall be maintained in a good condition at all times. Exhibit A Resolution No. 3866 April 14, 2003 Page 5 ARCHITI=CTURI= (4) 3.1 All exterior colors, materials and textures shall match the existing building and the approved plans. Compliance shall be subject to review and approval by the Community Development Department at final inspection. All exterior treatments must be coordinated with regard to color, materials, and detailing and noted on all construction plans and elevations submitted for Building Permit Plan Check. (4) 3.2 Exact details of the exterior door/storefront shall be provided on the construction plans. (4) 3.3 All ground and wall-mounted 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 blend with the 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 project, maintaining sufficient distance to minimize visual impacts from the public right-of-way. (4) 3.4 All exposed metal flashing or trim shall be painted to match the building. (4) 3.$ No exterior down spouts or roof scuppers shall be permitted. All roof drains shall utilize interior piping, but may have exterior outlets at the base of buildings. (4) 3.6 All signs shall be consistent with the approved master sign program for the Tustin Heights Shopping Center. LANDSCAPING (1) 4.1 Complete landscape and irrigation plans that comply with the City of Tustin Landscape and Irrigation Guidelines shall be submitted at plan check. 4.2 An irrigation plan should be provided which shows the location and control of backflow prevention devices at the meter, pipe size, sprinkler type, spacing, and coverage details for all equipment. Install efficient irrigation systems which minimize runoff and evaporation and maximize the amount of water which will reach the plant roots. Drip irrigation, soil moisture sensors, and automatic irrigation systems are a few methods of increasing irrigation efficiency. (1) 4.3 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, mowing, Exhibit A Resolution No. 3866 April14,2003 Page 6 weeding, removal of litter, fertilizing, regular watering, and replacement of dead or diseased dying plants. Unhealthy or dead trees shall be replaced within seventy-two (72) hours upon notification by the City. PUBLIC WORKS DEPARTMENT (1) 5.1 This development shall comply with all applicable provisions of the City of Tustin Water Quality ordinance and all Federal, State, and Regional Water Quality Control Board rules and regulations. (1) 5.2 Any damage done to existing street improvements and utilities shall be repaired before issuance of a Certificate of Use and Occupancy. (1) 5,3 All existing sewer, domestic water, and storm drain service laterals shall be utilized. 5,4 The City of Tustin is required to comply with State of California Waste Recycling requirements. To facilitate City compliance with this law, the Project Applicant/Contractor shall submit and obtain approval from the Public Works Department of a Project Recycling Plan prior to the issuance of any grading, encroachment, or building permit. The Project Recycling Plan shall demonstrate recovery and recycling of at least fifty 50 percent of the total waste generated by the project and shall consist of the following components: · In a narrative form, describe efforts which will be utilized to minimize the generation of waste during project construction; · Provide an estimate of the total amount of waste to be generated for the entire duration of project construction; · Provide an estimate of the total amount of recyclable materials generated by project construction, identified by recyclable material type; · Identify waste hauler(s) to be utilized during project construction. Please note that the City has an exclusive waste collection franchise with Federal Disposal Service of Santa Ana. No other haulers are to be utilized pursuant to City Code Section 4322; · Identify recyclable material processing facilities which will be utilized to process materials generated by project construction; · Demonstrate that no waste generated by the project will be sent directly to any landfill; · Prior to the final inspection or issuance of a Certificate of Occupancy, submit a final report to the Public Works Department detailing actual quantities of the items listed above as well as a narrative summary of the recycling efforts implemented during the project; Exhibit A Resolution No. 3866 April 14, 2003 Page 7 Prior to issuance of a building permit, the applicant is required to submit recycling plans to the Public Works Department for each project tenant which demonstrates recycling or diversion from landfills of at least fifty (50) percent of the total waste anticipated to be generated by each tenant; and, Prior to issuance of any grading, encroachment, or building permit, applicant is required to submit waste trash enclosure plans to the Public Works Department which demonstrate the provision of the adequate physical space to accommodate all planned tenant recycling programs. USE RESTRICTION (***) 6.1 Any changes to the approved shared parking study shall be submitted to the Public Works and Community Development Departments for review and approval. The submitted parking study received March 10, 2003, assumed 592 parking spaces (excluding parking at the rear of the building) and was determined to be sufficient for the existing 125,458 square foot retail building, and a 6,060 square foot restaurant with 162 seats, and the proposed 6,940 square feet of retail use, or 6,940 square feet of medical/dental office use, or 6,940 square feet of restaurant use (maximum 50 seats), or 6,940 square feet of fitness center. 6.2 If in the future the City determines that a parking or circulation problem exists on the site or in the vicinity as a result of the proposed project, the Community Development Director may require the applicant to prepare a parking demand analysis or traffic study and bear all associated costs. If the study indicates that there is inadequate parking or a circulation problem, the applicant shall be required to provide immediate interim and permanent mitigation measures to be reviewed and approved by the Community Development Department and the Public Works Department. 6.3 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. No more than four (4) video arcade games, virtual reality, or coin-token games shall be located in the interior of the premises. No games shall be located on the exterior of the premises. (1) 6.4 Exterior public pay telephones shall be prohibited, and any interior public pay telephones shall be programmed to prevent incoming calls. 6.5 No outdoor storage shall be permitted except as approved by the Director of Community Development. Exhibit A Resolution No. 3866 April 14, 2003 Page 8 ORANGE COUNTY FIRE AUTHORITY (5) Prior to issuance of a building permit, the applicant shall obtain approval of the Fire Chief for all fire protection access roads to within 150 feet of all portions of the exterior of every structure on-site. A detailed site plan shall be submitted for review and approval. Please contact the OCFA at (714) 744-0499 or visit the OCFA website to obtain a copy of the "Guideline for Emergency Access." (5) 7.2 Prior to the issuance of a building permit, the applicant shall submit plans for the required automatic fire sprinkler system in the addition to the Fire Chief for review and approval. Please contact the OCFA at (714) 744-0499 to request a copy of the "Orange County Fire Authority Notes for New NFPA 13 Commercial Sprinkler Systems." (5) 7.3 Prior to the issuance of a grading or building permit, the applicant shall submit to the Fire Chief a list of all hazardous, flammable and combustible liquids, solids or gases to be stored, used, or handled on-site. These materials shall be classified according to the Uniform Fire Code and a document submitted to the Fire Chief with a summary sheet listing the totals for storage and use for each hazard class. Please contact the OCFA at (714) 744-0499 or visit the OCFA website to obtain a copy of the "Guideline for Completing Chemical Classification Packets." (1) 8.1 Prior to issuance of any building permits, payment shall be made of all applicable fees, including but not limited to, the following. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. a) Building Division 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) Orange County Sanitation District No. 7 Sewer Connection Fees to the Tustin Public Works Department at the time a building permit is issued. The current fee is $11,104. d) Payment of the Major Thoroughfare and Bridge Fees to the Public Works Department at the time a building permit is issued. The current fee is $22,902. e) School facilities fee to the Tustin Unified School District subject to Exhibit A Resolution No. 3866 April 14, 2003 Page 9 any agreement reached and executed between the District and the applicant. The current fee for commercial development is $0.33 per square foot. f) New development fees in the amount of $0.10 per square foot of gross floor area paid to the Community Development Department. g) 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 forty-three dollars ($43.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty- eight (48) hour period that applicant has not delivered to the Community Development Department the above-noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened.