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HomeMy WebLinkAbout03 PC REPORT CUP 2013-18 & DR 2013-16 TAQUERIA DE ANDA°.AGENDA REPORT MEETING DATE: SEPTEMBER 8, 2015 TO: PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT DEPARTMENT ITEM #3 SUBJECT: CONDITIONAL USE PERMIT 2013-18 & DESIGN REVIEW 2013-16 APPLICANT: RUBEN BURROLA ARCHEION 17671 IRVINE BLVD, SUITE 218 TUSTI N, CA PROPERTY OWNER: RAFAEL DEANDA 291 N. TUSTIN AVE ORANGE, CA 92867 LOCATION: 14232 NEWPORT AVENUE GENERAL PLAN: COMMUNITY COMMERCIAL ZONING: COMMERCIAL GENERAL (CG) REQUEST: A REQUEST TO CONSTRUCT AND OPERATE A 1,800 SQUARE FOOT RESTAURANT (TAQUERIA DE ANDA) WITH A DRIVE-THRU FACILITY, OUTDOOR SEATING, AND ASSOCIATED DRIVE-THRU SIGNAGE. ENVIRONMENTAL: THIS PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO SECTION 15303 (CLASS 3) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). PC Report September 8, 2015 CUP 2013-18 & DR 2013-16 Page 2 RECOMMENDATION: That the Planning Commission adopt Resolution No. 4295 approving Conditional Use Permit (CUP) 2015-18 and Design Review (DR) 2015-16 authorizing the construction and operation of an 1,800 square foot restaurant (Taqueria De Anda) with a drive-thru facility, outdoor seating, and associated drive-thru signage located at 14232 Newport Avenue. APPROVAL AUTHORITY: The project site is within the Commercial General (CG) Zoning District. Pursuant to Tustin City Code (TCC) Sections 9232b.13 and 9235c.1, the proposed drive-thru facility requires the approval of a CUP. Tustin City Code Section 9291 authorizes the Planning Commission to review applications for conditional use permits. Design Review is required for site planning and design pursuant to TCC Section 9272a. BACKGROUND: Location and Surrounding Properties The property at 14232 Newport Avenue is located at the northeasterly corner of Newport Avenue and Mitchell Avenue and is bounded by Newport Avenue to the northwest, Mitchell Avenue to the southwest, single family residential properties to the southeast, and commercial property to the northeast (Figure 1). Figure 1 PC Report September 8, 2015 CUP 2013-18 & DR 2013-16 Page 3 Previous Use of Property The property at 14232 Newport Avenue is currently developed with a vacated 1,054 square foot restaurant with a drive-thru facility. The existing building was built in 1971 as a restaurant, and the drive-thru facility was added following the approval of a zone change of the property from Retail Commercial (Cl) to Commercial General (CG) and the approval of Use Permit 82-21 in 1982. The drive-thru and site design were later modified in 1986. The existing building is proposed to be demolished to accommodate the larger proposed restaurant and drive-thru facility. DISCUSSION: Taqueria De Anda is a family owned Mexican restaurant which originated in Fullerton in 1980. At the time of this application, the De Anda family operates nine (9) restaurants in Orange County, three (3) of which provide 24-hour drive-thru service. The proposed building in Tustin is intended to be a prototype for future Taqueria De Anda restaurants. As with the other restaurants owned by the De Anda family, no alcoholic beverage service is proposed. The requested hours of operation are from 8:00 a.m. to 1:00 a.m. daily. However, to minimize potential noise impacts and disturbances to adjacent residents, staff recommends that the hours of operation be conditioned as follow: Indoor dining area: Sunday -Thursday 8:00 a.m. to 11:00 p.m. Friday & Saturday 8:00 a.m. to 12:00 a.m. Outdoor seating: Daily 8:00 a.m. to 10:00 p.m. Walk-up window: Daily 8:00 a.m. to 10:00 p.m. Drive-thru lane: Daily 8:00 a.m. to 10:00 p.m. Site Plan and Architecture The project site is 0.40 acre in size and located at the corner of Newport Avenue and Mitchell Avenue (Figure 2). The proposed building will be developed with the entrance facing the parking lot and a drive through lane paralleling Newport Avenue and Mitchell Avenue and continuing along the property line adjacent to the rear yards of single family homes located on Raleigh Place. The building will be setback from the existing Newport Avenue right-of-way by 30 feet and 22 feet from the Mitchell Avenue right-of-way. The orientation of the building near the corner is consistent with the existing commercial building directly across Newport Avenue. Landscaping for the project provides a traditional plant palette utilizing species seen prominently throughout the Newport Avenue commercial corridor. The landscaping is primarily proposed along the perimeter of the site and includes four (4) tree species and various shrubs, groundcover, and vines. The landscaping and irrigation will be required to comply with the City of Tustin Water Efficient Landscape Ordinance at the time of plan check. A decorative three (3) foot tall wall will border the proposed drive-thru lane. PC Report September 8, 2015 CUP 2013-18 & DR 2013-16 Page 4 Figure 2 The design of the 1,800 square foot building is representative of the Spanish Colonial style and is consistent with the architecture of other commercial buildings in the vicinity of the site (see elevations below). The proposed building is 23 feet and 5 inches high and features smooth finish walls, a hipped tiled roof, exposed rafter tails, fabric awnings, stone base, decorative ceramic tile banding, and clear glass fenestration with brown mullions. The color palette of moderate white and rose beige is compatible with the colors utilized along the Newport Avenue commercial corridor. A new trash enclosure for the restaurant will be placed at the rear comer of the parking lot. IMMMOV M. \,.. O.oVA ...... 5�77.i+ Luv�.'.'F')�t 9e+ya�p'�.�,' - �•3�..� y©•.e 'q,, - .... .....all "{' ISI :u Dog... ,�� � 2Era' ��✓I�U �� ��//Ii - . r:J%ii/i�:oLoo��_\���``\ Figure 2 The design of the 1,800 square foot building is representative of the Spanish Colonial style and is consistent with the architecture of other commercial buildings in the vicinity of the site (see elevations below). The proposed building is 23 feet and 5 inches high and features smooth finish walls, a hipped tiled roof, exposed rafter tails, fabric awnings, stone base, decorative ceramic tile banding, and clear glass fenestration with brown mullions. The color palette of moderate white and rose beige is compatible with the colors utilized along the Newport Avenue commercial corridor. A new trash enclosure for the restaurant will be placed at the rear comer of the parking lot. IMMMOV M. PC Report September 8, 2015 CUP 2013-18 & DR 2013-16 Page 5 SOUTH ELEVATION Elevations PC Report September 8, 2015 CUP 2013-18 8 DR 2013-16 Page 6 Right of Way Dedication The project site is located along the Newport Avenue right-of-way that will eventually be widened. The Tustin General Plan Circulation Element classifies Newport Avenue as a major arterial, which requires a sixty -foot wide right-of-way from centerline, for ultimate right-of-way width. Newport Avenue is currently improved with a fifty (50) foot -wide right- of-way from centerline. Per TCC Section 9271x, the proposed project and on-site improvements trigger the requirement for right-of-way dedication. Accordingly, a ten (10) foot dedication would be required along Newport Avenue. Although widening Newport Avenue to its ultimate right-of-way width is planned, there is no funding currently secured for construction activities, and it is not certain when construction would actually commence. Given the uncertain time frame of street widening and the likelihood that it will not take place for many years, an irrevocable offer of dedication in fee title of an additional ten (10) feet of street right-of-way along Newport Avenue, including the corner cut-off at the northeasterly corner of Newport Avenue and Mitchell Avenue, has been made a condition of approval of the project. This arrangement would allow the applicant to utilize the future dedication area until the City is ready to widen the street. At the time the City proceeds with the street widening project at Newport Avenue, the applicant will dedicate the additional right-of-way as conditioned, and remove any improvements within the dedication area, such as the proposed monument sign. Parking and Circulation Pursuant to TCC Section 9263g, a total of eighteen (18) parking spaces are required for the proposed 1,800 square foot restaurant building at a required ratio of one (1) parking space per 100 square feet of gross floor area. A total of eighteen (18) parking spaces are proposed, including one (1) van -accessible parking space and one (1) parking space directly adjacent to the trash enclosure which would be designated as an employee -only parking space. Access to the site will be provided from Newport Avenue, with the entrance farther from the building and the exit closer to the building (see Attachment C — Submitted Plans). The allowed vehicle turning movements will be 'right and left turn -in" and 'right turn -out." No left turn will be possible to exit the site. The locations of the separate entrance and exit are proposed to facilitate internal circulation and to minimize any potential impacts to Newport Avenue from possible overflow drive-through lane queuing during peak hours. Wayfinding and directional signage will be placed strategically within the parking lot to direct drivers to the drive-thru entry. There is a stacking distance of 150 feet provided which can accommodate approximately eight (8) vehicles. The TCC requires a minimum stacking distance of seven (7) vehicles for drive-thru restaurants. During peak hours of operation, the applicant may position an employee at the menu board with a wireless microphone and headset to take orders from vehicles in the drive- PC Report September 8, 2015 CUP 2013-18 & DR 2013-16 Page 7 through lane. However, employees will not be allowed to take orders from any vehicle that is not in the drive-thru lane. Drive-Thru Signage To facilitate customer service in the drive-thru lane, a menu/speaker board will be placed in the drive-thru lane prior to the pick-up window. The proposed menu/speaker board sign is consistent with what is typically seen at drive-thru restaurants as is the proposed wayfinding signage (see Attachment C — Submitted Plans). Proposed Condition 2.8 would allow the Community Development Director to approve future modifications to the drive- thru signage for the subject restaurant should changes arise out of necessity, brand recognition, or technological advancements. All other building signage would comply with the TCC. Outdoor Seating A small ancillary outdoor seating area consisting of one (1) table and four (4) seats is proposed adjacent to the main entrance to the restaurant. The table and seating are proposed to be powder coated metal with a fabric umbrella that is complementary to the proposed fabric awnings. A three (3) foot tall wall with decorative cap is proposed adjacent to the seating area to provide separation from the drive-thru lane. The City's outdoor seating guidelines specify that uses such as public schools, residential neighborhoods, churches, and hospitals should be considered when outdoor seating is proposed. However, given the small, ancillary nature of the proposed outdoor seating and the recommended 10:00 p.m. curfew for the use of the outdoor seating area, which is consistent with the guidelines, no impacts to the adjacent residents are anticipated. No other sensitive uses are located in close proximity to the site. Noise All activities are required to comply with the City's Noise Ordinance. As conditioned, the menu/speaker board shall be equipped with a volume limiter/adjuster so that it will not exceed the City's Noise Ordinance. In addition, the menu/speaker board shall feature a lighted read -back display, either integrated as a single unit or two (2) separate units, or other alternative as a result of changes in technology, to the satisfaction of the Community Development Director The applicant provided an acoustical study, prepared by a certified acoustical consultant, which determined that with the installation of the new six (6) foot eight (8) inch solid masonry property line wall between the project site and the adjacent residential properties, the proposed project will comply with the City's Noise Ordinance. PC Report September 8, 2015 CUP 2013-18 & DR 2013-16 Page 8 FINDINGS: In determining whether to approve the CUP and DR for the proposed restaurant with a drive-thru facility, outdoor seating, and associated drive-thru signage, the Planning Commission must determine whether or not the proposed use will 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 the property and improvements in the neighborhood of the subject property, or to the general welfare of the City; and that the location, size, architectural features, and general appearance of the proposal will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole. A decision to approve this request may be supported by the following findings: 1. Pursuant to TCC Sections 9232b.13 and 9235c.1, restaurants with drive-thru service in the CG zoning district are permitted subject to the approval of a CUP. 2. As proposed, the drive-thru lane provides queuing capacity for approximately eight (8) vehicles, whereas the minimum requirement of the TCC is seven (7) vehicles. 3. The parking lot area will be configured to provide satisfactory circulation for the proposed restaurant with drive-thru facility. In addition, wayfinding signage will be strategically placed within the parking lot area to provide ease of navigation to the drive-thru. 4. No impact to the adjacent residential uses is anticipated as the recommended hours of operation, the proposed property line wall, and the read back display and volume limiter on the menu/speaker board would minimize potential noise impacts and disturbances to adjacent residents. 5. Parking for the proposed use can be accommodated as the required number of parking spaces will be provided. 6. The restaurant would be located within a commercial building and along the Newport Avenue commercial corridor where a variety of retail, office, and restaurant uses are located. The recommended restaurant hours of operation of 11:00 PM on weekdays and 12:00 AM midnight on weekends with outdoor seating, outdoor walk-up window service, and drive-thru service terminating at 10:00 PM are consistent with the characteristics of restaurant uses, and the hours of operation of the restaurant would be similar to other restaurants in the vicinity. 7. The scale and massing of the proposed building is consistent with other commercial buildings in the vicinity of the site. In addition, the architectural design, features, and color palette are consistent with other buildings along the Newport Avenue commercial corridor. PC Report September 8, 2015 CUP 2013-18 & DR 2013-16 Page 9 Scott Reekstin Elizabeth A. Binsack Principal Planner Community Development Director Attachments: A. Location Map B. Land Use Fact Sheet C. Submitted Plans D. Resolution No. 4295 ATTACHMENT A Location Map LOCATION MAP CUP 2013-18 and OR 2013-16 14232 NEWPORT AVENUE _ .. I - T• / l !IP `.PUTT WY. 11 EL CIV.iINO� J® -� PROJECT SITE ,v / C� ob MING W" QAAAINo N 300" rs Ga le P� T1 00' pF7 1 rJ G* f 4,�4 \�I! q6 6 v N .000e ATTACHMENT B Land Use Fact Sheet LAND USE APPLICATION FACT SHEET 1. LAND USE APPLICATION NUMBER(S): Conditional Use Permit (CUP) 2013-18 and Design Review (DR) 2013-16 2. LOCATION: Newport Avenue/Mitchell Avenue 3. ADDRESS: 14232 Newport Avenue 4. LOT: n/a TRACT: n/a 5. APN(S): 432-073-01 6. PREVIOUS OR CONCURRENT APPLICATION RELATING TO THIS PROPERTY: UP 82-21 (drive-thru); ZC 82-2 (Cl to CG): DR 86-8 (drive-thru modification) 7. SURROUNDING LAND USES: NORTH: Commercial SOUTH: Right-of-way: Commercial EAST: Residential WEST: Right-of-way: Commercial 8. SURROUNDING ZONING DESIGNATIONS: NORTHEAST: Retail Commercial (C1) NORTHWEST: Planned Community Commercial (PCC) SOUTHEAST: Single Family Residential (R1) SOUTHWEST: Commercial General (CG) 9. SURROUNDING GENERAL PLAN DESIGNATIONS: NORTHEAST: Community Commercial NORTHWEST: Community Commercial SOUTHEAST: Low Density Residential SOUTHWEST: Community Commercial 10. SITE LAND USE: A. EXISTING: Vacant restaurant w/ drive-thru PROPOSED: New restaurant w/ drive-thru B. GENERAL PLAN: Community Commercial PROPOSED GP: no change C. ZONING: Commercial General (CG) PROPOSED ZONING: no change DEVELOPMENT FACTS: 11. LOT AREA: 17.484 square feet: 0.40 acre 12. FACILITY HEIGHT: PERMITTED PROPOSED 35' 23'-5" 13. FACILITY SETBACKS: REQUIRED PROPOSED FRONT YARD (MITCHELL AVE): 10' 22' SIDE YARD (RESIDENTIAL): 10' 15' SIDE YARD (NEWPORT AVE ULTIMATE R -O -W) 15' 20' REAR YARD 0 128' 14. OTHER UNIQUE CONDITIONS ASSOCIATED WITH THE PROPERTY (I.E. 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(IIIIIIII IIIIIIIIHHHH I IIIIIIII IIIIIIII illllllll IIIIIIII ` sa 99 i is? ATTACHMENT D Resolution No. 4295 RESOLUTION NO. 4295 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 2013-18 AND DESIGN REVIEW 2013-16 AUTHORIZING THE CONSTRUCTION AND OPERATION OF AN 1,800 SQUARE FOOT RESTAURANT (TAQUERIA DEANDA) WITH A DRIVE- THRU FACILITY, OUTDOOR SEATING, AND ASSOCIATED DRIVE-THRU SIGNAGE LOCATED AT 14232 NEWPORT AVENUE. The Planning Commission does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That a proper application for Conditional Use Permit 2013-18 and Design Review 2013-16 was filed by Ruben Burrola on behalf of Rafael DeAnda, requesting authorization to construct and operate an 1,800 square foot restaurant (Taqueria DeAnda) with a drive-thru facility, outdoor seating, and associated drive-thru signage located at 14232 Newport Avenue. B. That the property is zoned Commercial General (CG) and has a General Plan Land Use Designation of Community Commercial which provides for a variety of retail and service commercial uses including restaurant uses. The project is consistent with the Air Quality Sub -element of the City of Tustin General Plan. C. That a public hearing was duly called, noticed, and held for Conditional Use Permit 2013-18 and Design Review 2013-16 on September 8, 2015, by the Planning Commission. D. That the establishment, maintenance, and operation of the proposed use will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin in that: 1. Pursuant to Tustin City Code Sections 9232b.13 and 9235c.1, restaurants with drive-thru service in the CG zoning district are permitted subject to the approval of a conditional use permit. 2. As proposed, the drive-thru lane provides queuing capacity for approximately eight (8) vehicles, whereas the minimum requirement of the Tustin City Code is seven (7) vehicles. 3. The parking lot area will be configured to provide satisfactory circulation for the proposed restaurant with drive-thru facility. In addition, wayfinding signage will be strategically placed within the Resolution No. 4295 Page 2 parking lot area to provide ease of navigation to the drive-thru. 4. No impact to the adjacent residential uses is anticipated as the recommended hours of operation, the proposed property line wall, and the read back display and volume limiter on the menu/speaker board would minimize potential noise impacts and disturbances to adjacent residents. 5. Parking for the proposed use can be accommodated, as the required number of parking spaces will be provided. 6. The restaurant would be located within a commercial building and along the Newport Avenue commercial corridor where a variety of retail, office, and restaurant uses are located. The recommended restaurant hours of operation of 11:00 PM on weekdays and 12:00 AM midnight on weekends with outdoor seating, outdoor walk-up window service, and drive-thru service terminating at 10:00 PM are consistent with the characteristics of restaurant uses, and the hours of operation of the restaurant would be similar to other restaurants in the vicinity. F. That the location, size, and general appearance of the proposed project as conditioned is compatible with the surrounding area in that the scale and massing of the proposed building is consistent with other commercial buildings in the vicinity of the site. In addition, the architectural design, features, and color palette are consistent with other buildings along the Newport Avenue commercial corridor. The proposal will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole. In making such findings, the Planning Commission has considered at least the following items: 1. Height, bulk, and area of proposed structure. 2. Setbacks and site planning. 3. Exterior material and colors. 4. Type and pitch of roofs. 5. Size and spacing of windows, doors and other openings. 6. Towers and roof structures. 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. 10. Location and method of refuse storage. 11. Physical relationship of proposed structure to existing structures. 12. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood Resolution No. 4295 Page 3 and public thoroughfares. 13. Proposed Signage 14. Development guidelines and criteria as adopted by the City Council. F. 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). The Planning Commission hereby approves Conditional Use Permit 2013-18 and Design Review 2013-16 authorizing the construction and operation of an 1,800 square foot restaurant (Taqueria DeAnda) with a drive-thru facility, outdoor seating, and associated signage located at 14232 Newport Avenue, subject to the conditions contained within Exhibit A, attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 8th day of September, 2015. ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN I, Elizabeth A. Binsack, the undersigned, Commission Secretary of the City of Tustin, duly passed and adopted at a regular meeting on the 8th day of September, 2015. PLANNING COMMISSIONER AYES: PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: ELIZABETH A. BINSACK Planning Commission Secretary JEFF R. THOMPSON Chairperson hereby certify that I am the Planning California; that Resolution No. 4295 was of the Tustin Planning Commission, held EXHIBIT A RESOLUTION NO. 4295 CONDITIONAL USE PERMIT 2013-18 AND DESIGN REVIEW 2013-16 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped September 8, 2015, 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 if such modifications are consistent with provisions of the Tustin City Code. (1) 1.2 The subject project approval shall become null and void unless permits for the proposed project are issued and substantial construction is underway within one (1) year 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) 1.3 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified, subject to review and approval by the Community Development Department. (1) 1.4 Approval of Conditional Use Permit 2013-18 and Design Review 2013-16 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) 1.5 Any violation of any of the conditions imposed is subject to issuance of an administrative citation pursuant to TCC 1162(a). (1) 1.6 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENTS (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTIONS Exhibit A Resolution No. 4295 Page 2 (1) 1.7 Conditional Use Permit 2013-18 and Design Review 2013-16 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. The Community Development Director shall review the use to ascertain compliance with conditions of approval. If the use is not operated in accordance Conditional Use Permit 2013-18 and Design Review 2013-16, or is found to be a nuisance or negative impacts are affecting the surrounding businesses or neighborhood, the Community Development Director shall impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the Conditional Use Permit. (1) 1.8 If in the future the City's Community Development Director, Police Chief, and/or Public Works Director determine that a parking, traffic, or noise problem exists on the site or in the vicinity as a result of the facility, the Community Development Director, Police Chief, and/or Public Works Director may require that the applicant prepare a parking demand analysis, traffic or queuing study, or noise analysis and the applicant shall bear all associated costs. If said study indicates that there is inadequate parking or a traffic or noise problem, the applicant shall be required to provide measures to be reviewed and approved by the Community Development Department, Police Chief, and/or Public Works Department. Said measures may include, but are not limited to, the following: (a) Adjust hours of operation. (b) Adjust ordering procedures. (c) Eliminate drive-through operations. (1) 1.9 As a condition of approval of Conditional Use Permit 2013-18 and Design Review 2013-16, the applicant and property owner 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 and property owner 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. DESIGN REVIEW (1) 2.1 All roof access shall be provided from the inside of the building. Exhibit A Resolution No. 4295 Page 3 (1) 2.2 No exterior downspouts shall be permitted. All roof drainage shall utilize interior piping and may have exterior outlets into landscaped areas at the base of the building. Any roof scuppers shall be installed with a special lip device so that overflow drainage will not stain the walls. (1) 2.3 All exposed metal flashing or trim shall be painted to match the building. (1) 2.4 All rooftop mounted equipment shall be installed at a minimum height of six (6) inches below the top of the roof/parapet so as not to be visible from the public right-of-way. (1) 2.5 Utility meters located outside of the building shall be screened with landscaping to the greatest extent possible. (1) 2.6 All plant materials shall be installed in a healthy and vigorous condition typical to the species. Landscaping shall be maintained in a neat and healthy condition, which includes, but is not limited to trimming, mowing, weeding, litter removal, fertilizing, regular watering, and replacement of diseased or dead plants. (1) 2.7 Backflow devices and double detector checks shall be painted to match surrounding landscaping when in planters or painted to match the building when located adjacent to. Landscaping shall be utilized to screen the devices where possible. (***) 2.8 The menu/order board and directional signage shall be installed in accordance with the plans. Informational signage shall be designed and placed to facilitate ease of ordering and navigation of the parking lot area. Changes to the informational signage due to necessity, brand recognition, or technological advancements shall be approved by the Community Development Director. (1) 2.9 All utilities shall be installed underground. (1) 2.10 All signs shall comply with the Tustin City Code. LAN DSCAPING/HARDSCAPE (1) 3.1 At plan check, complete detailed landscaping and irrigation plans for all landscaping areas are required, consistent with adopted City of Tustin Landscaping requirements. The plans shall include the following: A. Include a summary table identifying plan materials. The plant table shall list botanical and common names, sizes, spacing, location, and quantity of the plant materials proposed. Exhibit A Resolution No. 4295 Page 4 B. Show planting and berming details, soil preparation, staking, etc. The irrigation plan shall show location and control of backflow prevention devices, pipe size, sprinkler type, spacing, and coverage. Details for all equipment must be provided. C. Show all property lines on the landscaping and irrigation plans, public right-of-way areas, sidewalk widths, parkway areas, and wall locations. D. The Community Development Department may request minor substitutions of plant materials or request additional sizing or quantity of materials during plan check. E. Include a note that coverage of landscaping and irrigation materials is subject to inspection at project completion by the Community Development Department. F. Shrubs shall be a minimum of five (5) gallon size and shall be placed a maximum of five (5) feet on center. Other sizes and spacing may be permitted subject to approval of the Community Development Department. G. Ground cover shall be planted eight (8) to twelve (12) inches on center, or as approved by the Community Development Department. H. Fences, wall, and equipment areas shall be screened with walls, vines, and/or trees. All plant materials shall be installed in a healthy vigorous condition typical to the species and shall be maintained in a neat and healthy condition. Maintenance includes, but is not limited to, trimming, weeding, removal of litter, fertilizing, regular watering, and replacement of diseased or dead plants. (1) 3.2 On-site walls and fences shall be noted on the plans with specific materials, colors, and decorative treatments subject to the review and approval of the Community Development Department. Exterior walls and fencing shall be treated with graffiti -resistant coating. USE RESTRICTIONS (***) 4.1 During peak hours of operation, the applicant may position an employee at the menu board with a wireless microphone and headset to take orders from vehicles in the drive-through lane. Employees may not take orders from any vehicle not in the drive-through lane. Exhibit A Resolution No. 4295 Page 5 (***) 4.2 The menu/speaker board shall utilize a lighted read -back display, either integrated as a single unit or two (2) separate units, or other alternative as a result of changes in technology, to the satisfaction of the Community Development Director. (***) 4.3 The operating hours shall be as follows: Indoor dining area: Sunday -Thursday 8:00 a.m. to 11:00 p.m. Friday & Saturday 8:00 a.m. to 12:00 a.m. Outdoor seating Daily 8:00 a.m. to 10:00 p.m. Walk-up window Daily 8:00 a.m. to 10:00 p.m. Drive-through lane: Daily 8:00 a.m. to 10:00 p.m. The operating hours shall be posted in the restaurant and the outdoor seating area and shall be enforced by employees of the restaurant. Any modifications to the hours of operation shall require the approval in writing of the Director of Community Development. (***) 4.4 The parking space directly adjacent to the trash enclosure gates shall be for employee parking only. The parking space shall be fully utilized during business hours, except when access to the trash enclosure is required. 4.5 All activities shall comply with the City's Noise Ordinance. The menu/speaker board shall be equipped with a volume limiter/adjuster so that it will not exceed the Tustin Noise Ordinance. (1) 4.6 No change or alteration of the building shall occur without prior approval of the Community Development Director. Major modifications to the floor area, services, and/or operation of the business may require consideration of a new conditional use permit. (1) 4.7 No outdoor storage shall be permitted except as approved by the Community Development Director. (1) 4.8 No amplified sound devices are permitted outside of the building. PUBLIC WORKS DEPARTMENT (1) 5.1 Prior to issuance of any permits, the applicant shall record a "Covenant and Agreement Regarding O & M Plan to Fund and Maintain Water Quality BMPs, Consent to Inspect, and Indemnification", with the County Clerk -Recorder. These documents shall bind current and future owner(s) of the property regarding implementation and maintenance of the structural and non-structural BMPs as specified in the approved WQMP. (1) 5.2 Prior to issuance of any permits, the applicant shall submit for approval by the Community Development and Public Works Departments, a final Exhibit A Resolution No. 4295 Page 6 Water Quality Management Plan (WQMP). If the WQMP has been determined to be a Priority WQMP, it shall identify Low Impact Development (LID) principles and Best Management Practices (BMPs) that will be used on-site to retain storm water and treat predictable pollutant run-off. The Priority WQMP shall identify: the implementation of BMPs, the assignment of long-term maintenance responsibilities (specifying the developer, parcel owner, maintenance association, lessees, etc.), and reference to the location(s) of structural BMPs. (1) 5.3 Prior to submittal of a Priority Water Quality Management Plan (WQMP), the applicant shall submit a deposit of $2,700.00 to the Public Works Department for the estimated cost of reviewing the WQMP. (1) 5.4 Prior to issuance of a Grading Permit, the applicant shall submit a copy of the Notice of Intent (NOI) indicating that coverage has been obtained under the National Pollutant Discharge Elimination System (NPDES) State General Permit for Storm Water Discharges Associated with Construction Activity from the State Water Resources Quality Control Board. (1) 5.5 Prior to any work in the public right-of-way, an Encroachment Permit shall be obtained from and applicable fees paid to the Public Works Department. (1) 5.6 The applicant shall submit to the Public Works Department 24" x 36" reproducible street improvement plans, as prepared by a California Registered Civil Engineer, for approval. The plans shall clearly show existing and proposed surface and underground improvements, including construction and/or replacement of any missing or damaged public improvements adjacent to this development. Said plans shall include, but not be limited to, the following: a) Curb and gutter g) Domestic water facilities b) Sidewalk, including curb ramps h) Sanitary sewer facilities for the physically disabled i) Sanitary sewer facilities c) Drive aprons j) Landscape/irrigation d) Signing/striping k) Dry utility lines e) Street lighting f) Catch basin/storm drain laterals/ connection to existing storm drain system (1) 5.7 Prior to issuance of an Encroachment Permit for construction within the public right-of-way, a 24" x 36" construction area traffic control plan, as prepared by a California Registered Traffic Engineer, or Civil Engineer experienced in this type of plan preparation, shall be prepared and submitted to the Public Works Department for approval. Exhibit A Resolution No. 4295 Page 7 (1) 5.8 Current Federal Americans with Disabilities Act (ADA) requirements shall be met at all driveways and sidewalks adjacent to the site. City of Tustin standards shall apply, unless otherwise approved by the City Engineer. The applicant shall design and reconstruct the existing driveway aprons along the project frontage on Newport Avenue to meet the current federal Americans with Disabilities Act (ADA) requirements and City of Tustin Public Works Standards. (***) 5.9 Pursuant to Tustin City Code Section 9271(x) and in conformance with the Circulation Element of the City of Tustin General Plan, prior to issuance of any permit, the applicant shall provide an irrevocable offer to dedicate in fee title ten (10) feet of additional street right-of-way along the project frontage of Newport Avenue to its ultimate major arterial width, including the corner cut-off at the northeast corner of Newport Avenue and Mitchell Avenue. Dedications shall be made at no cost to the City. The applicant shall submit a legal description and plat as prepared by a California Registered Civil Engineer or California Licensed Land Surveyor to the Engineering Division for review and approval. (***) 5.10 The dedications shall state that the City of Tustin shall be permitted to obtain, at no cost to the City, a 10 foot wide Temporary Construction Easement (TCE) and a right -of -entry for all on-site joins when the ultimate street improvements are constructed. The TCE and the right -of -entry shall terminate on the date that the Notice of Completion for the future City improvement project is recorded at the Orange County Clerk -Recorders office. Upon notice from the City of impending roadway widening, the property owner shall promptly remove and relocate at his own expense all private property facilities out of the roadway dedication area contained in the irrevocable offer. (***) 5.11 The applicant shall be required to design and construct half -width street improvements per the City Standard Drawing No. 101(Major Arterial Highway) along the property frontage on Newport Avenue, such that the distance from the centerline to the property line is sixty (60) feet, including the curb return and ADA access ramps at the northeast corner of Newport Avenue and Mitchell Avenue and including modification of the traffic signal at the intersection of Newport Avenue and Mitchell Avenue, at no cost to the City. Alternatively, the applicant shall enter into an agreement with the City to make such improvements in the future. In the event an agreement for the improvements is entered into, the City Council may require that the agreement be secured by a good and sufficient bond, or it may accept in lieu thereof a cash deposit, which bond or cash deposit shall be in an amount equal to the estimated cost of the improvements. (1) 5.12 To allow private property facilities (such as monument signage and signs) within the dedication area for future right-of-way, prior to issuance of a Exhibit A Resolution No. 4295 Page 8 sign permit, the applicant shall prepare and enter into a "future monument sign removal agreement" with the City that would guarantee removal of the sign at the property owner's expense at a time requested by the City. The applicant shall be responsible for City Attorney review fees and the cost of recording the agreement. The City of Tustin may require removal of the monument sign (at the property owner's expense) for various reasons, including but not limited to: accommodation of road widening/ parkway improvements, traffic operational issues, and environmental/engineering impacts. (1) 5.13 Any water improvement plans must follow the latest City of Tustin Water Standards and the American Water Works Association (AWWA) guidelines. In case of a conflict, the City of Tustin Water Standards shall prevail. (1) 5.14 In accordance with the plans, a backflow prevention device may be required to protect the public water system from cross connections. A. If a double check detector assembly (DCDA) is required, an easement for public utility access purposes must be dedicated to the City of Tustin. The easement shall start from the public right-of-way up to the DCDA with a minimum distance of five (5) feet all around the DCDA to allow for unobstructed access, inspection, testing, and maintenance. B. If a building sprinkler system is required by the Orange County Fire Authority (OCFA), the applicant shall be required to provide a backflow prevention device at his or her expense to prevent cross contamination with the public water system. C. If the applicant proposes to use an irrigation system, then a separate water meter may be required. If this is the case, a reduced pressure principle assembly (RPPA) shall be required to prevent cross - connection with the public water system. (1) 5.15 Any easements for construction and maintenance of public water facilities within private property shall be reviewed and approved by the Public Works Department prior to recordation with the Orange County Clerk - Recorder. The applicant shall submit a legal description and sketch of the area to the Public Works Department for review and approval, as prepared by a California Registered Civil Engineer or California Licensed Land Surveyor. (1) 5.16 The applicant is responsible for all costs related to the installation, upgrade, alteration, relocation or abandonment of all existing City of Tustin public water facilities affected by the proposed project. (1) 5.17 The applicant's project is within the East Orange County Water District (EOCWD) service area. A release/approval from the EOCWD shall be obtained prior to receiving water service from the City of Tustin. The Exhibit A Resolution No. 4295 Page 9 applicant shall submit a water permit application to EOCWD, and is responsible for all application, connection and other EOCWD fees. (1) 5.18 The adequacy of a proposed water system plan for a proposed development project, including the number, size and distribution of fire hydrants, must be reviewed by the Orange County Fire Authority (OCFA). Plans meeting OCFA fire protection requirements must be stamped and approved by that agency. (1) 5.19 The proposed domestic water system plans must conform to all applicable regulations enforced by the Orange County Health Department. (1) 5.20 Construction and Demolition Waste Recycling and Reduction Plan (WRRP). A. The applicant/contractor is required to submit a WRRP to the Public Works Department. The WRRP must indicate how the applicant will comply with the City's requirement (City Code Section 4351, et al) to recycle at least 50% of the project waste material or the amount required by the California Green Building Standards Code. B. The applicant will be required to submit a $50.00 application fee and a cash security deposit. Based on the review of the submitted Waste Management Plan, the cash security deposit shall be in the amount of five (5) percent of the project's valuation as determined by the Building Official, rounded to the nearest thousand, or $2,500, whichever is greater. In no event shall a deposit exceed $25,000. C. Prior to issuance of a permit, the applicant shall submit the required security deposit in the form of cash, cashier's check, personal check, or money order made payable to the "City of Tustin'. (1) 5.21 Facility Solid Waste Collection and Recycling Plan. A. Prior to approval of a site plan or the issuance of a building permit, whichever occurs first, a Facility Solid Waste Collection and Recycling Plan and a site plan covering the planned use of the facility shall be submitted utilizing the attached form and approved by the City of Tustin Public Works Department. B. The applicant, property owner, and/or tenant(s) are required to participate in the City's recycling program. C. Waste and Recycling collection facilities shall be equally and readily accessible by the property owner(s) or tenant(s). Exhibit A Resolution No. 4295 Page 10 D. Waste and Recycling collection facilities must be placed in a location that can be easily and safely accessed by the solid waste hauler while utilizing either front loader or side loading equipment. E. Adequate collection capacity shall be provided to insure that collection frequency shall not exceed four times per week for commercial customers. F. All trash enclosures shall utilize the City's standard enclosure designed to accommodate at least two (2) 4 -yd. bins, with at least one (1) bin reserved for recyclable materials. (1) 5.22 The applicant shall satisfy dedication and/or reservation requirements as applicable, including, but not limited to, dedication in Fee Title of all required street rights-of-way; dedication of all required flood control right- of-way easements; and dedication of vehicular access rights, sewer easements, and water easements defined and approved as to specific locations by the City Engineer (at no cost to the City) and/or other agencies. (1) 5.23 CADD Requirements - In addition to the normal full-size map and plan submittal, all final maps and plans including, but not limited to, tract maps, parcel maps, right-of-way maps, records of survey, public works improvements, private infrastructure improvements, final grading plans, and site plans shall be submitted to the Public Works Department in computer aided design and drafting (CADD) format to the satisfaction of the City Engineer. The standard file format is AutoCAD Release 2009, or latest version, having the extension "DWG". All layering and linotype conventions are AutoCAD -based (latest version available upon request from the Public Works Department). The CADD files shall be submitted to the City at the time plans are approved, and updated CADD files reflecting "as built" conditions shall be submitted once all construction has been completed. No project bonds will be released until acceptable "as built" CADD files have been submitted to the City. (1) 5.24 Prior to issuance of a Building Permit(s), the applicant shall provide written approval from the Orange County Sanitation District (OCSD) for sanitary sewer service connections. (1) 5.25 Any damage done to existing public street improvements and/or utilities shall be repaired to the satisfaction of the City Engineer before issuance of a Certificate of Occupancy. Exhibit A Resolution No. 4295 Page 11 ORANGE COUNTY FIRE AUTHORITY (1) 6.1 Plan Submittal: The applicant or responsible party shall submit the plan(s) listed below to the Orange County Fire Authority for review. Approval shall be obtained on each plan prior to the event specified. Prior to issuance of a building permit: • Fire Master Plan (service code PR145) Prior to concealing interior construction: • Hood and duct extinguishing system (service code PR335) if applicable FEES (1) 7.1 Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of fifty dollars ($50.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period the applicant has not delivered to the Community Development Department the above -noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened. (1) 7.2 Prior to the issuance of any building permits, payment shall be made for all applicable fees, including but not limited to, those listed below. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. A. Building plan check and permit fees to the Community Development Department. B. Orange County Fire Authority plan check and inspection fees to the Community Development Department. C. Written approval from the Orange County Sanitation District No. 7 for Sewer Connection Fees. D. New development tax to the Community Development Department based upon the most current schedule. Exhibit A Resolution No. 4295 Page 12 E. School facilities fee to Tustin Unified School District based upon the most current schedule. Proof of payment shall be provided to the Community Development Department prior to issuance of building permits. F. Payment of the Major Thoroughfare and Bridge Fees in effect at the time of issuance of a building permit to the Public Works Department.