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02 CUP 02-018 DR 02-018 cont'd
Report to the ITEM #2 Planning Co DATE: mmission JUNE 9, 2003 SUBJECT: CONTINUED CONDITIONAL USE PERMIT 02-018 AND DESIGN REVIEW 02-018 APPLICANT: BOB VERIATO HAVADJIA HOLDINGS, INC 3452 UNIVERSITY AVENUE RIVERSIDE, CA 92501 PROPERTY OWNER(S): MOBIL OIL CORPORATION 3225 GALLOWS ROAD, ROOM 5W907 FAIRFAX, VA 22037 LOCATION: ZONING: 171 E. FIRST STREET (APN #401-532-36) DESIGNATED "COMMERCIAL" WITHIN SPECIFIC PLAN THE FIRST STREET ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO SECTION 15332 OF THE ENVIRONMENTAL QUALITY ACT (CLASS 32) CALIFORNIA REQUEST: AUTHORIZATION TO CONSTRUCT A 2,983 SQUARE FOOT RESTAURANT, WITH A DRIVE-THRU LANE AND OUTDOOR DINING AREA, AT THE PROPERTY LOCATED AT 171 E. FIRST STREET. RECOMMENDATION That the Planning Commission adopt Resolution No. 3870 for Conditional Use Permit 02- 018 and Design Review 02-018 approving the request to construct a 2,983 square foot restaurant with an outdoor dining area and denying the request to install a drive-thru lane at 171 E. First Street. BACKGROUND On May 12, 2003, the Planning Commission considered the applicant's request to construct a new 2,983 square foot restaurant, with a drive-thru lane and outdoor dining area on the vacant lot on the northwest corner of Prospect Avenue and First Street at 171 E. First Street (Attachment A- May 12, 2002, Planning Commission Staff Report). A Planning Commission Report Continued CUP 02-018 and DR 02-018 June 9, 2003 Page 2 number of concerns were raised by the public, members of the Planning Commission, and the applicant (Attachment B - May 12, 2003 Planning Commission Minutes) as follows: · The potential for noise and odor (gasoline fumes) impacts from the presence of the drive-thru lane and rooftop mechanical equipment in close proximity to residences to the north; · The potential for traffic conflicts at the entrance to the drive-thru lane; · The potential for noise and disturbances from the outdoor dining area; · The potential for disruption to nearby residences associated with the hours of operation from 6:00 a.m. to 12:00 a.m. on Fridays and Saturdays for the drive-thru lane and outdoor dining area; · The potential for odors and noise from the proximity of the trash enclosure to the residences to the north; · The potential for intrusive lighting adjacent to the residences to the north; · The potential for loitering and graffiti. In addition, the applicant raised a number of concerns about the conditions of approval contained within Resolution No. 3870 and requested that a number of recommended conditions be modified or eliminated, including: · Eliminate the condition to post a bond for the removal of the drive-thru lane if it cannot accommodate the demand that other fast food restaurants generate; · Eliminate the condition to install special rooftop equipment that would meet the requirements of the Noise Ordinance as identified in the submitted Noise Study dated April 10, 2003; · Modify the hours of operation to open at 6:00 a.m. instead of 7:00 a.m. and close at midnight on Fridays and Saturdays; · Eliminate the condition that would allow the City to perform an annual review of the use; · Eliminate the condition to upgrade the drive-thru lane ordering system if quieter systems become available; and, · Eliminate the condition to prepare a revised traffic study and implement mitigation measures if traffic problems arise as a result of the use. At the conclusion of the public hearing, the Planning Commission continued the item to June 9, 2003, to allow the applicant and staff time to address the concerns that had been raised. On June 4, 2003, staff received a letter signed by fifty (50) of the residents from the residential area to the north of the site requesting that the drive-through lane be eliminated (Attachment C). DISCUSSION Following the public hearing, the applicant submitted a revised site plan (Attachment D) that eliminates the drive-thru lane, reconfigures the parking area, and expands the outdoor dining area. The revised site plan represents an alternative to the applicant's Planning Commission Report Continued CUP 02-018 and DR 02-018 June 9, 2003 Page 3 preferred site plan by removing the drive-thru lane. With the alternative site plan, the size and appearance of the restaurant building would remain the same; however, the seating would increase from ninety-three (93) seats [eighty (80) indoor and thirteen (13) outdoor] to 102 seats [eight-two (82) indoor and twenty (20) outdoor]. The site would have a total of thirty-four (34) parking spaces, which accommodates the proposed restaurant seating at a ratio of one (1) parking space for every three (3) seats as required by the First Street Specific Plan. Specific findings are contained within revised Resolution No. 3870 (Attachment E) to approve the restaurant and outdoor dining area and deny the drive-thru lane. In addition, conditions related to the drive-thru lane have been eliminated and conditions related to concerns raised at the public hearing on May 12, 2003, and in response to the new site plan, have been retained, modified or added, including the following: Conditions 2.2, 7.1, 7.2, and 7.3 would require all rooftop mechanical equipment to meet all requirements of the Noise Study dated April 10, 2003, and the Noise Ordinance, as verified by an acoustical engineer at plan check. Condition 5.1 would limit the hours of operation in the outdoor dining area to 7:00 a.m. to 10:00 p.m. and allow the indoor portion of the restaurant to be open from 6:00 a.m. to 10:00 a.m. Sunday through Thursday and 6:00 a.m. to 12:00 a.m. on Friday and Saturday. Condition 2.23 would require the applicant to move the trash enclosure further away from the residences to the north. The exact placement would be reviewed and approved by the Director of Community Development during plan check. In addition, Condition 5.5 would require the applicant to implement additional measures if there is a problem with the trash storage, such as double bagging the trash or arranging more frequent pick-ups. These types of measures have been suggested by the County of Orange Health Care Agency for other restaurants. Condition 2.2 would require the applicant to prevent light and glare impacts to adjacent properties by using shorter lighting standards and glare shields than those typically found on commercial properties, as previously recommended. There would be four (4), ten (10) foot high standards between twenty (20) and thirty (30) feet from the north property line and seven (7), fifteen (15) foot high light standards more than thirty (30) feet from the north property line. In addition, the ten (10) foot wide landscape screen along the northern property line is also anticipated to shield light from the site. · Condition 8.1 would require the applicant to monitor the outdoor dining area and parking lot to prevent loitering and remove any trash or graffiti. Condition 2.24 would require the applicant to relocate the driveway on Prospect Avenue a minimum of ten (10) feet from the northern property line to create a straighter drive aisle, create a uniform landscape buffer along the northern property Planning Commission Report Continued CUP 02-018 and DR 02-018 June 9, 2003 Page 4 line adjacent to the residences, and reconfigure the (2) angled parking spaces near the Prospect Avenue entrance to eliminate the potential for traffic conflicts. Condition 2.25 would require the applicant to create a third building entrance on the north side of the building to facilitate access from the rear parking lot. The exact placement would be determined by the Director of Community Development during plan check. Condition 2.26 would require the applicant to shift the building slightly to the north to create a real portico with depth and visual interest rather than a "false" portico at the front entrance. The proposed setback is four (4) feet from the First Street right-of- way. With the removal of the drive-thru lane, there would be sufficient room to accommodate the portico. Condition 2.27 would require the applicant to include the trellis (covered walkway) on the west side of the building that was previously proposed. This trellis adds articulation to the building, hides the utilitarian service door on the west elevation, and facilitates access to the front of the building from the side parking lot. Condition 1.6 would allow the Community Development Department to review the use annually, or as often as necessary, to ensure compliance with the project approval. Matt West Associate Planner Karen Peterson Senior Planner Attachments: A: B: C: D: E: May 12, 2003 Planning Commission Staff Report Excerpts from May 12, 2003 Planning Commission Minutes Letter Received June 4, 2003 Revised Site Plan Resolution No. 3870 ATTACHMENT A May 12, 2003 Planning Commission Staff Report aport to th e III Planning DATE: Commission MAY 12, 2003 SUBJECT: CONDITIONAL USE PERMIT 02-018 AND DESIGN REVIEW 02-018 APPLICANT: BOB VERIATO HAVADJIA HOLDINGS, INC 3452 UNIVERSITY AVENUE RIVERSIDE, CA 92501 PROPERTY OWNER(S): MOBIL OIL CORPORATION 3225 GALLOWS ROAD, ROOM 5W907 FAIRFAX, VA 22037 LOCATION' 171 E. FIRST STREET ZONING' DESIGNATED "COMMERCIAL" WITHIN THE FIRST STREET SPECIFIC PLAN ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO SECTION 15332 OF THE ENVIRONMENTAL QUALITY ACT (CLASS 32) CALIFORNIA REQUEST: AUTHORIZATION TO CONSTRUCT A 2,983 SQUARE FOOT RESTAURANT, WITH A DRIVE-THRU LANE AND OUTDOOR DINING AREA, AT THE PROPERTY LOCATED AT 171 E. FIRST STREET. RECOMMENDATION' That the Planning Commission adopt Resolution No. 3870 approving Conditional Use Permit 02-018 and Design Review 02-018 to construct a 2,983 square foot restaurant, with a drive-thru lane and outdoor dining area, on the northwest corner of Prospect Avenue and First Street. The property is located at 171 E. First Street and can be further described as Assessor Parcel Number 401-532-36. BACKGROUND The applicant is requesting approval to construct a new 2,983 square foot restaurant, with a drive-thru lane and outdoor dining area. The project site is a vacant lot on the northwest Planning Commission Report CUP 02-018 and DR 02-018 May 12, 2003 Page 2 corner of Prospect Avenue and First Street at 171 E. First Street (Attachment A- Location Map). Site and Surrounding Properties The site is located along a commercial corridor on First Street and is designated' "Commercial" within the First Street Specific Plan (FSSP), north of Old Town Tustin and the Cultural Resources Overlay District. The site is bounded by single-family, detached homes to the north, retail uses across Prospect Avenue to the east and First Street to the south, and a tire shop immediately to the west (Attachment A- Location Map). Access to the site is currently provided from existing driveways on First Street and Prospect Avenue. The FSSP Section ill(D)(1)(2)(g) allows restaurants with drive-thru service, subject to approval of a Conditional Use Permit (CUP), and Planning Commission Resolution No. 2490 allows outdoor dining areas subject to approval of a CUP. Design Review is required for review of site layout and architectural design. Public Noticing A public hearing notice identifying the time, date and location of the public hearing for the proposal was published in the Tustin News, property owners within 300 feet of the site were notified of the hearing by mail, and a notice was posted on the site and at City Hall on May 1, 2003. The applicant was informed of the availability of the agenda and staff report for this item. DISCUSSION The applicant proposes to construct a 2,983 square foot Farmer Boys Restaurant with a drive-thru lane and outdoor dining patio on a vacant 24,415 square foot site at 171 E. First Street. A total of ninety-three (93) seats are proposed for the indoor and exterior dining areas, and the proposed operating hours would be from 6:00 a.m. to 10:00 p.m. Sunday through Thursday, and 6:00 a.m. to 12:00 a.m. on Friday and Saturday (Attachment B- Business Description). Site Plan The building would be setback four (4) feet from the right-of-way along First Street, twenty feet (20) from the right-of way along Prospect Avenue, and ninety (90) feet from the north property line (Attachment C - Submitted Plans). The main building entrance would be located on the First Street elevation. A proposed outdoor dining patio would be located at the east of the building and a secondary entrance would be located along the Prospect Avenue elevation through the outdoor dining patio. Parking would be located to the rear and west side of the building. Parking for restaurants is required at a ratio of one (1) space for every three (3) seats; therefore, based upon a total number of ninety-three (93) seats, the proposed restaurant will require a minimum of thirty-one (31) spaces. The applicant is proposing to provide thirty-one (31) spaces. A ten (10) foot landscape buffer Planning Commission Report CUP 02-018 and DR 02-018 May 12, 2003 Page 3 would be provided along the northern property line adjacent to the three (3) single family residences that abut the property, and a five (5) foot buffer would be provided along the western property line adjacent to the tire store. Access to the site would be provided by two (2) new driveway approaches in approximately the same location as the existing driveways on First Street and Prospect Avenue. Both driveways and internal drive aisles would be a minimum of twenty-five (25) feet wide, which permit two-way traffic, and would be located as far from the intersection of Prospect Avenue and First Street as possible. As required by Condition 3.13, access at the First Street entrance would be permitted for right-turn in and right-turn out only with an existing solid median in First Street; access at the Prospect Avenue entrance would also be permitted for right-turn in and right-turn out only with an existing double-yellow striped line on Prospect Avenue. The building location and site layout complies with the established setbacks of the FSSP, and with the FSSP Design Guidelines that encourages buildings to be placed close to First Street to "create a more appealing, active streetscape and to ensure privacy of Iow density residential areas." As directed by the FSSP Design Guidelines, this is being done by: · Orienting the public entrances toward First Street; · Locating the parking areas to the rear of the building and linking the parking area to the building entrance with a walkway, enhanced paving, a trellis structure, and landscaping treatment; · Locating the patio near the intersection to promote the pedestrian experience and create a buffer from the residences to the north; and, · Providing a thick, ten (10) foot landscape buffer along the northern property line to buffer residences. Traffic The City's Traffic Engineer has reviewed the proposed project and identified that a traffic study is not currently required. Based upon Land Use and Trip Generation rates published in the Institute of Transportation Engineers, .Trip Generation, 6th Edition, this project would generate 1,480 vehicle trips per day (ADT). The maximum vehicle capacity of First Street is 37,500 vehicles per day and its current volume is 18,300 vehicles per day; the maximum vehicle capacity of Prospect Avenue is 25,000 vehicles per day and its current volume is 9,700 vehicles per day. While no impacts are anticipated, Condition 5.7 is included to require preparation of a traffic study and associated mitigation measures if a traffic problem results from the proposed project or operational changes occur within the development. Drive- Thru Operations The entrance to the drive-thru lane would be on the north side of the restaurant, approximately forty-five (45) feet from the northern property line. The drive-thru lane, Planning Commission Report CUP 02-018 and DR 02-018 May 12, 2003 Page 4 ranging ten (10) to twelve (12) feet in width, would be configured to encourage vehicles to enter from First Street, drive around the building, then turn right into the drive-thru lane and the order board, then continue to the pick-up window. From the pick-up window, vehicles would be required to pass over a speed bump, which is intended to slow vehicles, and stop before exiting the lane where they may travel either north or south to an exit. The applicant proposes a menu board with a read'back ordering display to minimize excess talking as required by Condition 5.1, and the board will be orientated a minimum of eighty- two (82) feet away from the north property line as required by Condition 5.2. In addition, the pick-up window will be screened by a trellis and landscaping as required by Condition 5.4. The proposed drive-thru lane is long enough to accommodate six (6) vehicles. The applicant has submitted a queuing analysis from Darnel and Associates, dated December 18, 2002 (Attachment D - Queuing Analysis). The analysis concludes that the proposed stacking for six (6) vehicles is adequate for the proposed restaurant. In the event the number of vehicles exceeds six (6), the configuration of the drive-thru lane enables vehicles to stack towards the west property line while still enabling vehicles to adequately access the Prospect Avenue entrance/exit. While the analysis identifies no potential issues, additional design elements are recommended and have been integrated into the site plan or conditions of approval as follows: · A sign should be provided near the Prospect Avenue entrance directing southbound traffic on Prospect Avenue to use the First Street entrance for customers intending to use the drive-thru as required by Condition 3.14; · The Prospect Avenue entrance should maintain a minimum forty (40) foot driveway "throat" .length from the Prospect Avenue right-of-way to accommodate at least two (2) vehicles waiting to enter or exit the site during peak usage (Site Plan); and, · The north curb of the drive-thru lane entrance should be curved to a point to encourage access only to vehicles using the First Street entrance, in addition, the tapered curb should have a permanent feature, such as a light bollard, to further discourage entering the lane from Prospect Avenue (Condition 2.20). In addition, Condition 5.3 is included to require the applicant to station an employee, as needed during peak hours, at the menu board to take customer orders to facilitate vehicle movement through the vehicle lane and minimize unnecessary repeat ordering. Although not anticipated, if traffic or circulation problems arise in the future, Condition 5.7 would require the applicant to identify the impacts and implement immediate and permanent mitigation. While the queuing analysis identifies the proposed length of the drive-thru lane would accommodate the anticipated drive-thru volume associated with a Farmer Boys restaurant, other fast food restaurants typically require a longer drive-thru lane (i.e., twelve spaces) to accommodate larger volumes of drive-thru vehicles. As a result, the drive-thru operation may not accommodate the demand that other fast food restaurants generate and other drive-thru businesses may not be able to locate at this site. Therefore, Condition 5.10 is included to require the applicant to: 1) provide an estimate Planning Commission Report CUP 02-018 and DR 02-018 May 12, 2003 Page 5 and post a bond to ensure removal of the drive-thru lane in the event the Farmer Boys use ceases, 2) record covenants, conditions, and restrictions with the County Clerk- Recorder that describe the limitations associated with the future use of the drive-thru lane; and 3) provide notice to any future property owners or operators of the limitationS associated with the future use of the drive-thru lane. Notwithstanding these provisions, a future property owner or tenant may submit a queuing analysis for a future use for review by the Community Development and Public Works Departments. If the queuing analysis demonstrates that six (6) vehicle-stacking spaces are sufficient for the proposed use, the Director of Community Development Department may approve the future use, subject to any other current regulations or requirements. In the event a new use is approved, the bond shall be returned and the subsequent property owner shall post a new bond. Noise The applicant has submitted an acoustical analysis from Gordon Bricken and Associates, dated April 10, 2003 (Attachment E - Acoustical Analysis), to address potential noise impacts generated from the following: · The speaker board; · The roof-mounted equipment; and, · Vehic!es using the Prospect Avenue entrance/exit. in addition to these potential noise sources addressed in the analysis, staff and members of the public have identified concern for potential impacts of the following noise sources, Which will be addressed at the end of this section. These other sources are: · People talking on the patio; · People talking at the pick-up window; and, · Vehicles parking, and people loitering, within close proximity to the north property line. As identified by the City Noise Ordinance and the Tustin General Plan Noise Element, the established exterior noise threshold for a commercial use is sixty (60) decibels. Increased decibel levels are permitted for noises of short duration. Please note that the National Institute of Occupational Health and Safety (NIOSH) identifies sixty (60) decibels to be the equivalent of a normal conversation, with thirty (30) decibels the equivalent of a whisper and ninety (90) decibels the equivalent of a hair dryer or lawn mower. Since the subject property is adjacent to the residential properties to the north, the submitted analysis actually uses the noise standards for residential properties. The noise standards for residential properties are fifty-five (55) decibels from 7:00 a.m. to 10:00 p.m., and fifty (50) decibels from 10:00 p.m. to 7:00 a.m. After reviewing the proposed speaker board, roof-mounted equipment, and vehicles using the Prospect Avenue entrance, the highest noise level would be approximately sixty-two (62) decibels at the north property line in the middle of the site. While the identified sixty- two (62) decibel level is close to the level of a normal conversation, it is in excess of the Planning Commission Report CUP 02-018 and DP, 02-018 May 12, 2003 Page 6 fifty-five (55) decibel limit established in the Tustin Noise Ordinance. As a result, the analysis identifies measures to reduce the noise levels to meet the requirements of the City's Noise Ordinance, which are included as Conditions 7.1 through 7.6, respectively:. · Rooftop mechanical equipment would be selected to ensure the noise level will not exceed sixty-five (65) decibels at a distance of ten (10) feet to ensure compliance with the City's Noise Ordinance (Condition 7.1); · The rooftop parapet would be a minimum five (5) feet high relative to the roof on the north and east sides of the building. The building has been designed with this parapet (Condition 7.2); · The speakerboard would not exceed ninety (90) decibels at one (1) meter (3.3 feet). Specifications would be provided at plan check (Condition 7.3); · A minimum six (6) foot, eight (8) inch high wall relative to the site grade would be constructed along the north property line the full width of the project site as shown on the plans (Condition 7.4); · The Acoustical Engineer would certify the final plans (Condition 7.5); and, · The applicant would be required to pay for the City to conduct a noise analysis thirty (30) days after the issuance of a Certificate of Use and Occupancy to verify compliance with the City's Noise Ordinance, and would be responsible for any necessary future monitoring and implementation of mitigation measures (Condition 7.6). These measures will reduce the noise level at the north property line to fifty (50) decibels. Other Potential Noise Sources As previously mentioned, there could also be potential impacts from people talking on the patio and at the drive-thru window and from vehicles and people within close proximity to the north property line. While normal conversation is expected from any use where people are present, Condition 2.16 is included to require a solid, six (6) foot high wall at the north side of the patio area, and Condition 5.4 is included to require a six (6) foot high trellis and solid landscaping screen adjacent to the north side of the drive-thru lane at the drive-thru window. Condition 6.4 is included to require a thick, ten (t0) foot landscaped buffer along the north property line, Condition 2.17 is included to raise, the existing wall to a height of six (6) feet, eight (8) inches, and Condition 5.8 is included to require the employees to park in the northern parking stalls to minimize vehicle turnOver and customer loitering. The proposed project, as designed and conditioned, will comply with the Tustin Noise Ordinance and is not anticipated to create a significant noise impact on the surrounding area. Air Quafity The applicant has submitted a letter from the South Coast Air Quality Management District (Attachment F - Submitted AQMD Letter, dated April 30, 2003) identifying the project Planning Commission Report CUP 02-018 and DR 02-018 May 12, 2005 Page 7 complies with Section 42303 of the Health and Safety Code and the South Coast Air Quality Management District. However, to further control odor and smoke/particulate emission, Condition 5.5 has been included requiring the applicant utilize Best Available Control Technology (BACT) on all cooking and exhaust equipment in aCcordance with AQMD standards due to the property's proximity to residential properties. The proposed project, as conditioned, is not anticipated to create a significant impact on the air quality in the surrounding area. Outdoor Seating An outdoor dining area is proposed on the east side of the building, which would be enclosed by a Iow, twenty-eight (28) inch high perimeter wall located approximately fifteen (15) feet from the right-of-way along First Street and five (5) feet from the right-of-way along Prospect Avenue. Condition 2.16 is included to require the twenty-eight (28)inch high planter to transition to a curved, six (6) foot high wall along the north side of the patio to provide a buffer between the patio and the residential properties to the north. The wall would have a stucco and paint finish and brick cap to match the building. As proposed, the outdoor dining area would accommodate thirteen (13) of the restaurant's proposed ninety-three (93) seats. The dining area would be directly accessible via a small gate and walkway along Prospect Avenue. Pursuant to Resolution No. 2490, outdoor dining areas are subject to the complying with policy guidelines such as: · AlcohOlic Beveraqe Sales - The applicant is not proposing to sell alcoholic beverages, and would not be able sell alcoholic beverages without obtaining the necessary approvals (Condition 8.1 ); · Conformance to Parkinq Requirements- The proposed number of outdoor seats are incorporated into the total number of seats and is reflected in the total number of required and provided parking spaces. Any change in the number of outdoor seats would be reflected in the total number of provided spaces, and the most currently approved number of patio occupants would be required to be clearly posted (Condition 8.2); · Clean Up Facilities - The applicant would provide trash receptacles in the outdoor dining area, and the dining area would be required to be cleaned on a continual, daily basis for removal of litter and food items (Condition 8.3); · Design Compatibility - The proposed outdoor dining area would be designed so as to not obstruct vehicular or pedestrian traffic flow, and all structural elements, awnings, or other physical elements would be compatible with the overall design of the main structure (Site Plan). The applicant has proposed heavy round tables and benches, made of formed concrete, to be located on the patio. Condition 2.21 is included to ensure furniture details will be provided on the plans during plan check; and, · Location to Sensitive Uses - As required by the Outdoor Dining Area guidelines, proper consideration should be made for locating outdoor dining areas within close proximity to sensitive uses such as residential uses, schools, churches, and hospitals. The proposed dining area would be further away than the recommended six hundred (600) feet of a public school; however, it is approximately ninety (90) feet from Planning Commission Report CUP 02-018 and DR 02-018 May 12, 2003 Page 8 residential properties when two hundred (200) feet is recommended. While the guidelines do not prohibit locating an outdoor dining area less than two hundred (200) feet from a sensitive use, mitigation measures should be applied when necessary in regards to noise, light, glare, and loitering. The applicant has submitted a noise and light study identifying the project will comply with City regulations. As a result, staff supports the proposed location of the outdoor dining area with the following conditions of approval: o Per Condition 8.4, the outdoor dining area would be setback a minimum of five (5) feet from the south and east property lines along First Street and Prospect Avenue; o Per Condition 8.5, no outdoor music or public address system would be permitted; o Per Condition 2.16, a solid, six (6) foot high wall would be constructed at the north end of the patio area to provide a buffer for residences to the north; o Per Condition 8.6, exterior patio lighting would be completely contained with the patio area; and o Per Condition 1.6, the outdoor dining area 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. Architectural Design The architectural design of the project is designed in a Spanish Colonial style with off- white trowel-finished stucco walls, a pitched roof with clay tile, exposed rafter tails, arched building features, dark-green canvas awnings, unfinished wood trellis patio cover and covered walkway, integrated landscaping on the wall faces and trellises, and scuipstone medallions on wall faces under various front- and side-facing roof gables (Attachment C - Submitted Plans). The building would have a gable on all four (4) sides the building with arched openings. The two (2) largest gables would be on the north and south elevations, with one over the main entrance (south elevation) and one over the drive-thru lane (north elevation). There would be a second, smaller gable on the south elevation and two (2) additional side-facing gables over the drive-thru lane. In addition, an open-lattice wood patio cover is proposed for the east end of the building with a matching covered walkway along the west elevation. Both covers would use treated, but unfinished, squared wood timber. The covered walkway is designed to connect customers in the parking lot with the building's entrance along First Street as directed by the FSSP Design Guidelines. Smaller gables are proposed over each timber trellis, which are also proposed to fit the restaurant's signage. The building would be eighteen (18) feet in height, which is consistent with the maximum height for a single-stow building along First Street. An in-set decorative brick trim is Planning Commission Report CUP 02-018 and DR 02-018 May 12, 2003 Page 9 proposed to wrap around the entire building at a height of twenty-eight (28) inches to be consistent with the height of the planter wall around the patio. The proposed eighteen (18) foot rooftop would include a five (5) foot deep equiPment well for all roof-mounted equipment. The pitched roof would screen all roof-mounted equipment. As noted previously, the submitted sound study identifies that the proposed rooftop equipment would comply with City Noise Ordinance as long as a minimum five (5) foot parapet wall is provided. As a result, the rooftop equipment is not anticipated to create a negative noise impact. Condition 2.22 would require precise plans to be submitted at plan check to ensure that high quality features, materials, and colors shall be used throughout the site to create a handcrafted building appearance, including using a smooth, trowel-finished stucco (or equivalent) on the building. Condition 2.15 would require the applicant to submit complete sign plans for the entire project that include all proposed monument signs, wall signs, secondary signs, and directional signs. Hours of Operation The applicant is proposing operating hours from 6:00 a.m. to 10:00 p.m. Sunday through Thursday, and 6:00 a.m. to 12:00 a.m. on Friday and Saturday. Due to the proximity to residential uses, and since Tustin City Code Section 4614(a) (Noise Ordinance) and Tustin General plan identify 7:00 a.m. to 10:00 p.m. and 10:00 p.m. to 7:00 a.m. as two (2) distinct time periods for sensitivity to noise levels in residential properties; before 7:00 a.m. and after 10:00 p.m. is generally considered more sensitive to noise and activity, in addition, this time period is accepted as "quiet hours" in residential zones, and by the Tustin Police Department. As a result, Condition 5.6 is included to limit the operating hours from 7:00 a.m. to 10:00 p.m., seven days a week. Landscaping and Hardscaping in accordance with the City's Landscape and Irrigation Guidelines and the FSSP, a minimum of ten (10) percent of the site would be landscaped. The applicant is proposing, and as required by Condition 6.4, a ten (10) foot landscaped buffer between the parking area and the residential properties to the north, which would include ten (10), thirty-six (36) inch "Carrot Wood" trees, thirty-six (36), five (5) gallon "Pink Powder Puff" shrubs, approximately thirty-seven (37)"Indian Hawthorne" shrubs, approximately eight (8) "Heavenly Bamboo" shrubs, "Gazania" groundcover, and nine (9), one (1)-gallon "Boston Ivy" vines on the perimeter wall. There are four (4) existing trees that would be preserved along the west property line, and four (4), twenty-four (24) inch "Carrot Wood" trees, and two (2), thirty-six (36) gallon fruitless olive trees would be planted along the west property line. The number and size of trees will provide immediate screening that will become denser over time. A landscape berm along Prospect Avenue has been proposed to screen the drive-thru lane as identified on the Landscape Plan, and as required by Condition 6.5. in addition to Planning Commission Report CUP 02-018 and DR 02-018 May 12, 2003 Page 10 site landscaping, vines, and trellis are integrated in the south, west, and north building elevations, and vines are proposed along the planter wall around the patio. More than twenty-eight (28) trees are proposed throughout the site, including the four (4) existing trees and two (2) existing street trees. Conditions are included to ensure that the site landscaping is in compliance with the City's requirements and guidelines and maintained in a healthy condition. There is currently a block wall along the property line to remain, and an existing block wall, varying in height from four (4) to five (5) feet, that will be raised to the required height of six (6) feet, eight (8) inches as required by Condition 2.17. A trash enclosure is to be constructed along the west property line in the northwest corner of the lot. The trash enclosure is proposed to be located a minimum of twenty-seven (27) feet from the north property line to be situated as far from the residential properties while also maintaining adequate access to the trash truck. The proposed location would create the least amount of truck turning movements, thus reducing its length of stay. Since the trash enclosure would be seen from the right-of-way, the enclosure walls would have a stucco and paint finish to match the building and would have a perimeter screening hedge as identified in Condition 2.18. In addition, the applicant is also proposing to locate the required Southern California Edison transformer box in the northwest corner of the site. The transformer box would rarely be accessed and will have a significant landscape screen. Lighting Exterior lighting for the project would consist of light standards mounted in the parking lot. The applicant has submitted a photometric plan (Attachment C - Submitted Plans) that identifies a minimum of one (1) foot-candle light coverage will be provided in the parking areas per the City's Security Code and Condition 2.2. There would be seven (7), fifteen (15) foot high light standards more than thirty (30) feet from the north property line, and four (4), ten (10) foot high standards between twenty (20) and thirty (30) feet from the north property line. The photometric study identifies there would be no light spillover to the other properties except for a small area at the northeast end of the site which identifies up to 0.2 foot-candles of spillover. However, the photometric study does not incorporate the proposed six (6) foot, eight (8) inch wall along the property line that would reduce the light level to zero. Since the project is adjacent to residential uses, Condition 2.2 is included to ensure that the lighting is contained within the property and would not spill over to the residential site, and Condition 2.19 is included to require glare shields mounted on all light standards directing the light downward, in addition, the applicant is proposing a substantial landscape buffer, as noted in the previous landscaping section, that would provide additional screening. ANALYSIS In determining whether to approve the Conditional Use Permit, the Planning Commission must determine whether or not the proposed use will be detrimental to the health, safety, morals, comfort, and general welfare of the persons residing in or working in the Planning Commission Report CUP 02-018 and DR 02-018 May 12, 2003 Page 11 neighborhood, or whether it will be injurious or detrimental to property or improvements in the vicinity, or to the welfare of the City. A decision to approve the project may be supported by the folloWing findings: 1) 2) The building location and site layout .complies with the established setbacks of the' First Street Specific Plan (FSSP) and with the FSSP Design Guidelines that encourage buildings to be placed close to First Street to "create a more appealable, active streetscape and to ensure privacy of Iow density residential areas" by: · Orienting the public entrances toward First Street; · Locating the parking areas to the rear of the building and linking the parking area to the building entrance with a walkway, enhanced paving, a trellis structure, and landscaping treatment; · Locating the patio near the intersection to promote the pedestrian experience and create a buffer from the residences to the north; and, · Providing a thick, ten (10) foot landscape buffer along the northern property line to buffer residences. · As proposed, no traffic impacts are anticipated since this project would generate 1,480 vehicle trips per day (ADT), and the maximum vehicle capacity of First Street is 37,500 vehicles per day and its current volume is 18,300 vehicles per day. The maximum vehicle capacity of Prospect Avenue is 25,000 vehicles per day and its current volume is 9,700 vehicles per day. 3) The proposed six (6) vehicle drive-thru lane is adequate for the proposed restaurant as identified by the submitted queuing analysis, and additional design elements have been proposed and integrated into the site plan or conditions of approval to ensure as follows: · The north curb of the drive-thru lane entrance will be curved to a point and will have a permanent feature, such as a light bollard, to encourage access only to vehicles using the First Street entrance; · A sign will be provided near the Prospect Avenue entrance directing southbound traffic on Prospect Avenue to use the First Street entrance for customers intending to use the drive-thru; and, · The Prospect Avenue entrance will maintain a minimum forty (40) foot driveway "throat" length from the Prospect Avenue right-of-way; and, · Since other fast food restaurants typically require a longer drive-thru lane (i.e., twelve spaces) to accommodate larger volumes of drive-thru vehicles. As a result, the drive-thru operation may not accommodate the demand that other fast food restaurants generate and other drive-thru businesses may not be able to locate at this site. In addition, the applicant will: 1) provide an estimate and post a bond to ensure removal of the drive-thru lane in the event the Farmer Boys use ceases and Planning Commission Report CUP 02-018 and DR 02-018 May 12, 2003 Page 12 4) 5) 6) another drive-thru user cannot be accommodated on-site, 2) record covenants, conditions, and restrictions with the County Clerk-Recorder that describe the limitations associated with the future use of the drive-thru lane; and 3) provide notice to any future property owners or operators of the' limitations associated with the future use of the drive-thru lane. The proposed project, as conditioned, will comply with the Tustin Noise Ordinance, and is not anticipated to create a significant noise impact on the surrounding area by conditions of approval that will: · Limit all rooftop mechanical equipment to be selected to ensure the noise level shall not exceed sixty-five (65) decibels at ten (10) feet to ensure compliance with the City's Noise Ordinance; Ensure the rooftop parapet will be a minimum five (5) feet high; Ensure the speaker board will be equipped with a limiter; Ensure the speaker board will. maintain a minimum distance of eight-two (82) feet to the north property line; Require a thick, ten (10) foot landscape buffer and a six (6) foot, eight (8)inch high wall will be provided along the northern property line to buffer residences; and, Require the Acoustical Engineer will certify the final plans; Require the applicant to pay for the City to conduct a noise analysis thirty (30) days after the issuance of a Certificate of Use and Occupancy to verify compliance with the City's Noise Ordinance, and would be responsible for any necessary future monitoring and implementation of mitigation measures. The proposed project, as conditioned, is not anticipated to create a significant impact on the air quality in the surrounding area since the project complies with Section 42303 of the Health and Safety Code and the South Coast Air Quality Management District, and the applicant will utilize Best Available Control Technology (BACT) on all cooking and exhaust equipment in accordance with AQMD standards. The proposed outdoor dining area, as conditioned, is not anticipated to create a negative impact on the surrounding area since: · The outdoor dining area will be located to the east of the building enclosed with a Iow planter wall and solid, six (6) foot high wall at the north end of the patio that matches the architecture of the building; · No outdoor music or public address will be permitted; · All exterior patio lighting will be completely contained within the patio area; · No alcoholic beverages will be served; · Trash receptacles will be provided in the outdoor dining area, and the dining area shall be cleaned on a continual, daily basis for removal of litter and food items; and, · The outdoor dining area may be reviewed annually. Planning Commission Report CUP 02-018 and DR 02-018 May 12, 2003 Page 13 7) 8) 9) As proposed, the building design complies with the First Street Specific Plan and with the First Street Specific Plan Design Guidelines by integrating the following design elements: · Richness of surface and textures; · Equal void to solid building wall ratios; · Pitched roofs; · Vegetation integrated upon the building walls; · Roof overhangs; · Arches; · Off-white stucco walls; · Dark brown wood timber; · Dark green canvas awnings; · Decorative paving; and, · Atileroof. As conditioned, the proposed operating hours from 7:00 a.m. to 10:00 p.m., seven days a week, which would be compatible with the surrounding properties and consistent with sensitive time periods established in the Noise Ordinance and General Plan Noise Element. The proposed project, as conditioned, would comply with the City's Landscaping and Irrigation Guidelines and the Parking Lot Design Guidelines, and provide a significant visual buffer for residences to the north and to passing vehicles on Prospect Avenue by providing: · A thick, ten (10) foot landscape buffer and a six (6) foot, eight (8)inch high wall will be provided along the northern property line to buffer residences; · A substantial landscape berm along Prospect Avenue will be provided to screen the drive-thru lane; and, · Vines and trellis will be integrated in the south, west, and north building elevations, and vines shall be installed along the planter wall around the patio. The proposed project, as conditioned, is not anticipated to create negative light or glare on surrounding properties by: · Seven (7), fifteen (15) foot high light standards will be installed more than thirty (30) feet from the north property line and four (4), ten (10) foot high standards will be installed between twenty (20) and thirty (30) feet from the north property line; and, · A six (6) foot, eight (8) inch wall and ten (10) foot landscape buffer will be installed along the north property line, and glare shields will be mounted on all light standards to reduce spillover light levels to zero. As conditioned, the First Street entrance will be limited to right-turn in and right- turn out only by the applicant installing a "Right Turn Only" sign and a type "N-I" marker on the existing solid median in First Street to direct vehicles to safe vehicular movements; Planning Commission Report CUP 02-018 and DR 02-018 May 12, 2003 Page 14 12) As conditioned, adequate on-site and off-site pedestrian facilities will be provided in that the driveway aprons on First Street and Prospect Avenue will be constructed to meet current Federal Americans with Disabilities Act (ADA) requirements. Matt West Assistant Planner Karen Peterson Senior Planner Attachments' A. Location Map B. Business Description c. Submitted Plans D. Queuing Analysis, dated December 18, 2002 E. Acoustical Analysis, dated April 10, 2003 F. Submitted Letter, dated April 30, 2003 G. Resolution No. 3870 S:\Cdd\PCREPORT~CUP 02-018 pcreport.doc ATTACHMENT A Location Map LOCATION MAP PROJECT NO. ADDRESS CUP 02-018 DR 02-018 171 E. First Street ., "AUTHORIZATION TO CONSTRUCT A 2,983 SQUARE FOOT RESTAURANT, WITH. A DRIVE-THRU LANE AND. OUTDOOR DINING AREA" LANE " "~ PROSPECT PARK TRADT 4842 TO 392 PAR/'( LOCKWOOD PARK PLACE 155 16.5 180 "~05 115 110 125 120 · 130 155 150 165 ;TREET SECONO STREET 185 ATTACHMENT B Business Description H A M B~U R E; E R S FARMER BOYS RESTAURANTS Farmer Boys Restaurants were established in 1981. The Corporate headquarters are based in Riverside, California and the chain has grown to seventeen locations, serving the public in a concept they call "Fastaurant" that combines the best qualities of fast food and sit down restaurants. Farmer Boys offers customers dine-in, drive-thru, and carryout service with hometown familY style food preparation. Their goal is to deliver fresh cooked-to-order meals and food items in just five to seven minutes. With a menu consisting of nearly 80 items, food choices range from traditional breakfast, items such as pancakes, bacon and eggs, and omelets to lunch items that include sandwiches, salads and Mexican foods like'burritos, tacos,-and homemade chili. They also offer complete dinners featuring entrees such as steak, chicken, shrimp, and fish and chips. Among the most popular items on the Farmer Boys menu are nearly one dozen hamburger choices, including the world famous "Farmerburger(B". The competition just can't match the variety and choice that Farmer Boys provides. Its locations are designed to deliver superior customer satisfaction with freshly prepared quality food, larger portions, and outstanding service at reasonable prices. Having just opened the 17th Farmer Boys in Diamond Bar the chain now has convenient locations in thirteen southern California cities from downtown Los Angeles to Temecula. Farmer Boys will open restaurants in Bloomington, Chino and Rancho Cucamonga this year. Most new locations will be operated by franchisees. As the franchise system grows, locations will be added outside of Southern California. For Additional Information Contact Joe Mineo Real Estate Manager Farmer Boys Food inc. 909-275-9900 OR J M47104 Bob Veriato Real 'Estate Site Locator Framer Boys Food,inc. (909) 275-9900 FARMER BOYS FOOD INC. 3452 University Ave · Riverside, CA 92501 . Tel (909) 275-9900 · Fax (909) '275-9930 www. farmerboys.com October 18, 2002 City Of Tustin Planning Department 300 Centennial Way Tustin, CA 92780 Proposed Farmer Boys Restaurant 171 E..First Street, Tustin, California CUP # 02-018/Design R~,Aew # 02o018 Dear Planning Department: The proposed project, is for a quick service restaurant with a drive throu~ convenience and patio seating at the above location. The operation of our restaurants involve three employee shifts of approximately six 'persons per shift plus a manager and assistant manager. These shifts generally overlap, especially during our peak bus/ness hours to provide adequate customer se.r,,4¢e. We generally employ twenty employees, one-half full time and one-half part time. 'rhe hours of operation are from 6 a.m. for breakfast till 10 p.m. at night with an additional two hours open on. Friday and Saturday evenings. These hours apply to the drive-thru window and out door patio seating. relv, ~ Bob Veriato Real Estate Department FARMER BOYS FOOD IN(:;, 3452 University Avenue · Riverside, CA 92501 · Tel (909) 275-9900 · Fax (909) 275-9930 www.farmerboys,com ATTACHMENT C Submitted Plans I I b l [] Iii]- 1 ~/ 1.1. IJ.J .L-.6~ .', - · ,Sl, !! ' ~il iii" I l ATTACHMENT D Queuing Analysis, Dated December 18, 2002 Dae~~ ssocx s, TRANSPORTATION PLANNING & TRAFFIC ENGINEERING December 18, 2002 Mr. Bob Veriato Farmer Boys Restaurant 3452 University Avenue Riverside, CA 92501 D&A Ref. No: 020601 Subject: Revised Vehicle Queue Analysis for Farmer Boys Restaurant in Tustin, CA Dear Mr. Veriato: -. :. In accordance with your authorization we have revised the November 14, 2002 letter report on the evaluation of the vehicle stacking for the proposed Farmer Boys Restaurant at First and Prospect in the City of Tustin, CA to include queuing data from the Diamond Bar and Chino Stores and the hourly breakdown of. drive-thru customers at the Chino and Murrietta Stores. The proposed restaurant provides stacking for approximately six (6) vehicles between the service window and parking lot aisle way off Prospect Street. Figure 1 presents a copy of the proposed site plan. To determine the demand using the drive-thru window, we conducted counts at the Farmer Boys Restaurant located at 810 South Brea Canyon Road in Diamond Bar, CA on Wednesday, June 5, 2002 and on Saturday, June 22, 2002. The Diamond Bar facility was selected because it is located within an industrial area and is expected to have a higher drive-thru demand than the proposed facility. We also conducted counts at the Farmer Boys Restaurant located at 13675 Central Avenue in Chino, CA on Wednesday, November 20, 2002,. Friday, November 22, 2002 and Saturday, November 23, 2002. The busy times for the restaurants are expected to occur at lunch time from 11:00 a.m. to 2:00 p.m. and the evening dinner time fi.om 5:00 p.m. to 6:30 p.m. To determine the maximum vehicle queue waiting in the drive- thru lanes we counted the number ofvehicles going through the drive, thru and the maximum number of vehicles waiting during five (5) minute intervals. Tables 1 and 2 present the results of our surveys for Wednesday, June 5, 2002 and Tables 3 and 4 present the results on our surveys for Saturday, June 22, 2002 for the Diamond Bar location. Tables 5 and 6 present the results of our survey for Wednesday, November 20, 2002, Tables 7 and 8 present the results on our surveys for Friday, November 22, 2002 and Tables 9 and 10 present the results on our surveys for Saturday, November 23, 2002 for the Chino location. Review ofTables 1 and 2 show that the maximum vehicle queue on Wednesday occurred between 12:05 and 12:10 p.m. with a demand of five (5) vehicles. The next highest demand occurred between 12:20 and 12:25 p.m. and 1:30 and 1:35 P.M. with four (4) vehicles waiting. At all other times the vehicle demand was three (3) vehicles or less. Review of Tables 3 and 4 show that the maximum vehicle queue on Saturday occurred between 12:35 and 12:40 p.m. with a demand of five (5) vehicles. The next highest demand occurred between 12:15 and 12:20; 12:40 and 12:45; and l:05 and 1:10 with three (3) vehicles waiting. At all other times the vehicle demand was two (2) vehicles or less. 1446 FRONT STREET · SUITE 300 · SAN DIEGO, CA 92101 PHONE: 619-233-9373 · FAX: 619-233-4034 E-mail: BD492@aol.com Mr. Bob Veriato Farmer Boys Restaurant December 18, 2002 Page 2 Review of Tables 5 .and 6 show that the maximum vehicle queue on Wednesdayoccurred between 11:35 a.m. and 12:00 p.m. with a demand of four (4) vehicles. At all other times the vehicle demand was three (3) vehicles or less. Review of Tables 7 and 8 show that the maximum vehicle queue on Friday occurred between 11:3 5 a.m. and 12:00 p.m. with a demand of four (4) vehicles. At all other times the vehicle demand was two (2) vehicles or less. Review of Tables 9 and 10 show that the max/mum vehicle queue on Saturday occurred between 11:25 a.m. and 12:10 p.m. with a demand of four (4) vehicles. At all other times the vehicle demand was three (3) vehicles or less. The City of Tustin Traffic Engineering staffhas raised a question on the comparability of the proposed Tustin Farmer Boys Project when compared to the Diamond. Bar Site. The reason for the concern raised by the City staff is that the Diamond Bar Site is located in an industrial area and the proposed Tustin side is located in a commercial area. We understand the City's concerns and offer the following comments on why we feel the Diamond Bar Site is comparable from a traffic generation and queuing standpoint. The reasons are: I. The Diamond Bar Site is located in a central area of industrial uses. 2. The site is adjacent to the SR-60 Freeway and just west of the SR-57 Freeway. 3. The site is located on Brea Canyon Road which provides freeway access to the surrounding industrial area as well as the City of Walnut located approximately three miles to the north. 4. There are limited other food services facilities for lunch time and/or dinner time in the area. We also surveyed the Chino Site which should provide for a more comparable survey than the Diamond Bar Site because: 1. The Ch/no site is located within a commercial area, with surrounding residential areas. 2. The site is in close proximity to the [-10 freeway. 3. T.here are numerous Other food services facilities for lunch time and/or dinner time in the area. To further confirm the adequacy of the Diamond Bar Facility as a comparable unit for Drive thru demands Farmer Boys Restaurant collected data on drive thru customers and drive thru sales over a three-week period in late September, early October 2002. The sites surveyed are: Farmer Boys Murrietta; and Farmer Boys Chino Hill located at Central and Shaffer. Mr. Bob Veriato Farmer Boys Restaurant December 18, 2002 Page 3 Data collection for the Murrietta store was collected from Tuesday, .September 17,. 2002 through Sunday, October 6, 2002. Table 11 summarizes the data collected for the Murrietm store. The peak daily drive thru demand occurred on Friday, October 4, 2002 with a demand of 121 drive thru customers. The peak hourly drive thru demand at the Murrietm store was 10 drive thru customers which occurred on each oft. he 20 days surveyed. As was illustrated in Tables 1 - 4, the maximum hourly drive thru demand generated by the Diamond Bar site was 29 vehicles which is 2.9 times more than the maximum hourly drive thru demand generated by the Murrietta site. Traffic data for the Chino site was collected from Monday, September 16, 2002 through Sunday, October 6, 2002. The number of drive thru customers and sales was collected from 11:30 a.m. to 1:00 p.m. and 5:30 p.m. to 7:30 p.m. The results are presented on Table 12. Review of Table 12 shows that the Farmer. Boys Chino Site that the peak daily drive thru demand occurred on Friday, September 27, 2002 with a demand of 234 drive thru customers. The peak hourly drive thru demand at the Chino site was 33 drive thru customers which occurred on Monday, September 23, 2002 between 12:00 ,. p.m. and t :00 p.m. Review of Tables 1-4 shows that the max/mum queue length at the Diamond Bar location was 5 vehicles. Review of tables 5-10 shows that the maximum queue length at the Chino location was 4 vehicles. · · In summary, we have concluded that the proposed stacking for six (6) vehicles is adequate for the proposed restaurant. Please cai1 me if you have any questions or need additional information. Sincerely, DARNELL & ASSOCIATES, INC. RCE: 22338 Dated: BED/lag/vsh 020601 -FBVehicleOueueLTR-RPT5.wpd/02-11 Attachments CC: Doug Anderson, City of Tustin Steve Sasaki, Sasaki & Associates ... , · ., 'D ar'I!eI1 a ~ssocx~s. ~c. (I~gBO1AA 06-'~0-02 S~N iii '1 ii Ill IU I I FIGURE 1 SITE PLAN Mr. Bob Veriato Farmer Boys Restaurant December 18, 2002 Page 5 TABLE 1 ' FARMER BOYS DIAMOND BAR DRIVE THRU COUNTS' Wednesday, June 5, 2002 - 11:00 a.m. to 2:00 p.m. ,,,,, Number of Cars Going Through Drive Time Period Thru Maximum Number of Cars Waiting in Drive Thru During Time Period .. Per 5 Minute Per Hour 11:00- 11:05 arm 0 0 , ,, 11:05 - 11:10 a.m. 0 0 ,, , 11:10- 11:15 a.m. 0 0 , 11:15 - 11'90 a.m. I 1 11..20 -11'-2'~'~'i~. i I , , t 11'95 - 11.20 a.m. 1 1 , ,, 11:30- 11:35 a.m. 2 ' 2 , ,, 11'25 -11:40 a.m. 2 3 11:40- I1:45 a.m. 1 2 , , 11:45 -I t :50 a.m. 3 2 · ,, , 11:50- 11:55 a.m. 1 1 11:55 - 12.'00 p.m. 2 14 2 , ,, , , , 12:00- 12.~5 p.m. 2 16 3 ,, 12:05- 12:10 p.m. 5 21 . 5 12:10- 12:15 p.m. 2 23 4 ,, 12:15 - 12.20 p.m. 3 25 . 3 , 12:20- 12:25 p.m. 4 28 4 , , , ,, 12:25 - 12:30 p.m. 1 28 3 12'30- 12:35 p.m. 2 28 3 ,,, , , 12:35 - 12:40 p.m. 1 27 . 1 12:40- 12:45 p.m. 3 29 .... 3 ,, , 12:45 - 12:50 p.m. 2 28 2 12:50- 12:55 p.m. 1 28 2 ,, , 12:55 - 1:00 p.m. 3 29 3 1:00 - 1:05 p.m. 1 28 1 ,, 1:05 - I:10 p.m. 1 24 1 , , , , ,,,, 1.:10 - 1:15 p.m. I 23 1 Mr. Bob Veriato Farmer Boys Restaurant December 18', 2002 Page 6 'TABLE 1 (Continued) FARMER BOYS DIAMOND BAR DRIVE THRU COUNTS Wednesday, June 5, 2002 - 11:00 n.m. to 2:00 p.m. _ 1:15 -. 1'.20 p.m. 2 22 2 120 - 1 '.25 p.m. 0 18 0 , , 1~5 - 1'.30 p.m. 1 18 I , , 1:30 - 1'.35 p.m. 4 20 4 1'.35 - 1:40 p.m. 1 20 2 t :40 - 1:45 p.m. 0 17 1 ,,, 1:45 - 1:50 p.m. · 1 16 1 · 1:50 - I:55 p.m. 1 16 1 .... 1:55 - 2:00 p.m. 2 15 . 2 · .. Mr. Bob Veriato Farmer Boys Restaurant December 18, 2002 Page 7 TABLE FARMER BOYS DIAMOND BAR DRIVE THRU COLqVrs Wednesday, June 5, 2002 - 5:00 - 6:30 p.m. Number of Cars Going Through Drive Thru Maximum Number of Cars Waiting in Drive Time Period Thru During Time Period Per 5 Minute Period Per Hour 5:00 - 5:05 p.m. 0 0 5.'05 - 5:10 p.m. ! 0 5:10 - 5:1'5 p.m. 1 0 5:15 - 5'.20 p.m. 0 0 5..20 -5..25 p.m. · .... 0 0 5'.25 - 5'.30 p.m. 0 0 ,.. 5'.30 ' 5'.35 p.m. 1 1 5'.35 -5:40 p.m. 2 2' 5:40 - 5:45 p.m. 3 5 · · 5:45 '-5:50 p.m. 1 4 5:50 - 5:55 p.m. 2 5 5:55 - 6:00 p.m. 1 12 3 ,. , 6:00 - 6.'05 p.m. 3 15 3 , ,, . 6.'05 - 6:10 p.m. 3 17 4 6:10 - 6:15 p.m. 2 18 4 6:15 - 6:20 p.m. 1 19 4 ,., 6'.20 - 6:25 p.m. 0 19 0 6'.25 - 6'30 p.m. 2 21 2 Mr. Bob Veriato Farmer Boys Restaurant December 18, 2002 Page 8 · TABLE 3 FARMIgR BOYS DIAMOND BAR DRIVE TItRU COUNTS Saturday, June 22, 2002 - II:00 a.m. to 2:00 p.m. Number of Cars Going Through Drive Thru Maximum Number of C, ars Wa/ting in Drive Thru Time Period Per 5 Minute Period Per Hour During Time Period 11:00 - I 1:05 a.m. 0 0 11:05 - 11:10 a.m. 2 2 11:10 - 11:15 a.m. 1 1 11:15 - 11'.20 am. 1 l 1120-11'2.5 a.m. 0. 0 , 1125 - 11'30 a.m. 0 0 ~.~., .11:30 - 11:35 a.m. 0 0 , I 1:35 - l 1:40 a.m. 1 1 11:40 - I t :45 a.m. 2 2 11:45 -11:50 a.m. 1 I · 11:50 11:55 a.m. 1 1 11:55 - 12~0 p.m. 0 9 ,0 ,,,, , , ,, , : 12:00- 12:05 p.m. 2 11 2 .... 12:05 - 12:10 p.m. 2 11 2 12:10- 12:I5 p.m. 1 1,I I , 12:15 - 12-'20 p.m. 3 13 3 12'20 - 12:25 p.m. 1 14 1 ,, ,,,, I2:25 - 12:30 p.m. 2 16 2 I2:30- 12:35 p.m. 2 18 2 , , 12'35 - 12:40 p.m. 5 22 5 12:40- 12:45 p.m. 2 22 3 , 12:45 - 12:50 p.m. 0 21 0 , , 12:50 - 12:55 p.m. 0 20 0 ,,, , 12:55 - 1:00 p.m. 1 2l I ,,, 1.5)0 - 1:05 p.m. 1 20 I 1:05 - 1:I0 p.m. 3 21 3 1:10 - 1:15 p.m. 1 21 I Mr. Bob Veriato Farmer Boys Restaurant December lg, 2002 Page 9 , , TABLE 3'(C°ntinued) FARMER BOYS DIAMOND BAR DRIVE THRU COUNTS Saturday, June 22, 2002 - I1:00 a.m. to 2:00 p~m. 1:15 - 1'.20 p.m. 2. 20 2 , 1'90 - 1'.25 p.m. 0 19 0 _ 1'.25 - 1'.30 p.m. 1 18 1 , l:30 - 1'35 p.m. i 17 1 1:35.1:40 p.m. - 2 14 2 .... 1:¢0 - 1:45 p.m. 0 12 0 , 1:45 - 1:50 p.m. 1 13 1 150- 1:55 p.m. 0 13 0 ,, 1:55 - 2:00 p.m. 0. . 12 ..... 0 Mr. Bob Veriato Farmer Boys Restaurant December 18, 2002 Page 10 , i , , TABLE 4 FARS~R BOYS DIAMOND BAR DRIVE THRU COUNTS Saturday, June 22, 2002 - 5:00 - 6:30 p,m_ Number of Cars Going Through Drive Thru Maximum Number of Cars Waiting ~n Drive Time Period .... Per 5 Minute Period P~ Hour Thru During Time Period 5:00 - 5:05 p.m. 1 0 5:05 - 5:10 p.m. 0 0 , 5:10 - 5:15 p.m. 1 0 5:15 - 520 p.m. 1 0 , 52.20 -5'.25 p.m. 2 ~ ................ ....... 1 , 5:25 - 5.20 p.m. 0 0 ,, . 5:30 - 5'25 p.m. 0 0 5:3'5 -5:40 p.m. 1 0 , 5:40 - 5:45 p.m. 1 0 · . 5:45 -5:50 p.m. 2 1 , 5:50 - 5:55 p.m. 2 2 , , 5:55 - 6:00 p.m. 1 12 1 ,, 6:00 - 6:05 p.m. 0 11 0 6:05 - 6:10 p.m. 0 1t ..... 0 6:10 - 6:15 'p.m. 1 11 0 , ,, 6:t5 - 6'.20 p.m. 2 12 1 ,, 6:20 - 625 p.m. I 11 l 6:25 - 6'30 p.m. 0 11 0 Mr. Bob Veriato Farmer Boys Restaurant December 18, 2002 Page 11 TABLE 5 ' FARMER BOYS CH]NO DRIVE THRU COUNTS Wednesday, November 20, 2002 - 11:00 a.m. to 2:00 p.m. Number of Cars Going Through Drive Thru Maximum Number of Cars W~iting in Drive Thru Time Period Per 5 Minute Period Per Hour During Time Period I t.<)0 - 11:05 a.m. 2 3 11:05 - I I:10 a.m. 4 2 11:10 - 11:15 a.m. 1 1 11:15 - 11'.20 a.m. 2 2 11'.20 -11:25 a.m. 2 2 .~, 1125 - 11:30 a.m. 2 2 11:30 - 11:35 a.m. 1 1 11'.35 -11:40 a.m. 4 4 11:40 - 11:45 a.m. I 2 11:45 -1 l:50 a.m. 1 2 11:50'- 11:55 a.m. 4 4 11:55 - 12.'00 p.m. 2 26 4 , , 12:00 - 12.'05 p.m. I 25 2 , 12.'05 - I2:10 p.m. 1 22 2 12:10 - 12:15 p.m. 1 22 1 12:15 - 12'.20 p.m. 2 22 1 12:20 - 12:25 p.m. 1 21 2 12:25 - 12:30 p.m. 2 21 2 12'.30 - 12:35 p.m. 1 21 2 12:35 - 12:40 p.m. 2 19 I , 12:40 - 12:45 p.m. 2 20 2 12:45 - 12:50 p.m. 1 20 1 , 12:50 - 12:55 p.m. 2 15 1 , , , 12:55 - 1:00 p.m. 2 lg 1 , 1:00- 1:05 p.m. 2 19 2 1:05 - 1:I0 p.m. 2 20 1 l:10- 1:15 p.m. 1 20 2 Mr. Bob Veriato Farmer Boys Restaurant December 18, 2002 Page 12 TABLE 5 (Continued) FARM2ER BOYS CHINO DRIVE THRU COUNTS Wednesday, November 20, 2002 - I1:00 a.m. to 2:00 ,, 1:15- l:20p.m. ,, 1 19 2 1:20 - I'.25 p.m. 2 20' l 1'25 - I'.30 p.m. 1 19 2 , 1'30 - 1:35 p.m. 0 18 1 1'35 - 1:40 p.m. 2 18 1 1:40 - 1:45 p.m. 2 lg I , _ 1:45- I:50 p.m. 1 18 1 1:50 - 1:55 p.m. 0 16 0 1'_55- 2.fi)0 p.m. ... 1 I5 .. ~ . I Mr. Bob Veriato Farmer Boys Restaurant December 18, 2002 Page 13 TABLE 6 FARMER BOYS CHINO DRIVE THRU COUNTS Wednesday, November 20, 2002 - 5:00 - 6:30 p.m. Number of Cars Going Through Drive Thru Maximum Number of Cars Waiting in Drive Time Pgriod Per 5 Minute Period Per Hour Thru During Time Period 5:00 - 5:05 p.m. 1 1 5:05 - 5:10 p.m. 2 2 5:10 - 5:15 p.m. I 2 5:15 - 5:20 p.m, 1 2 5'.20-5~5 p.ra:"- 2 ...... 3 5..25 - 5..30 p.m. 3, 3 , 5'.30 - 5:35 p.m. 2 2 , , 5:35 -5:40 p.m. 2 3 ,,,, , 5:40 - 5:45 p.m. 3 2 ~ , , 5:45 -5:50 p.m. 3 . 3 , , , 5'.50 - 5:55 p.m. 2 2 5:55 - 6:00 p.m. 1 23 2 , 6:00 - 6:05 p.m, 2 24 2 6:05 - 6:10 p.m. 2 24 2 6:10 - 6:15 p.m. I 24 2 ,,, 6:15 - 6'.20 p.m. 1 24 1 6'.20 - 6'.25 p.m. 0 22 0 6:25 - 6:30 p.m. 1 20 1 Mr. Bob Veriato Farmer Boys Restaurant December 18, 2002 Page 14 , , TABLE 7 FARM'ER BOYS' CHIIqO DRIVIg THRU COUNTS Fridsy, Novemi~r 22, 2002 - 11:00 a.m. to 2:00 p,m. ,, Number of Cars Going Through Drive Thru Maximum Number of Cars Waiting in Drive Thru Time Period .. Per 5 Minute Period Per Hour During Time Period 11:00 - 1 1:05 a.m. 3 2 , ,, 11:05 - 11:I0 a.m. I 2 11:10 - 11:15 a.m. 1 2 , , , 11:15 - 11:20 a.m. 2 2 ,, 11:20-1125 a.m. 1 0 1125,11:30 a_m. 1 2 11'30- It'35 a,m. 3 2 11.35 -11:40 a.m. 3 4 , ,, 11:40 - i 1:45 a.m. 2 2 , , 11:45 -11:50 a.m. 2 3 , , · 11:50- 11:55 a.m. 1 3 , , 11:55 - 12:00 p.m. 3 23 4 ,,, , , ,,, 12:00- 12.5t5 p.m. 2 22 2 · 12:05 - 12:10 p.m. I 22 2 12:10- 12:!5 p.m. 2 23 I ,,, 12:15 - 12'220 p.m. 2 23 1 , , 1220- 12'.25 p.m. 2 24 1 , , · · 12:25 - 12:30 p.m. 1 24 1 12:30- 12-.35 p.m. 2 23 1 , 12:35 - 12:40 p.m. 2 19 1 12:40 - 12:45 p.m. 1 20 0 12:45 - 12:50 p.m. 2 21 I , , 12:50- 12:55 p.m. 1 2I I , , 12:55 - 1:00 p.m. 2 20 1 , , , 1:00 - 1:05 p~m. I 19 2 1:05 - 1:10 p.m. 2 20 I , , .., 1:10- 1:15 p.m. I 1 19 2 Mr. Bob Veriato Farmer Boys Restaurant December 18, 2002 Page 15 TABLE 7 (Continued) FARMER BOYS CHINO DRIVE THRU COUNTS Friday, November 22, 2;002 - 11:00 a.m. to 2;:00 p.m. , 1:15 - 1'.20 p.m. 2 19 1 1:20 - I'.25 p.m. 1 18 0 , 1'2.5 - 1:30 p.m. I lg 2' 1'_30 - 1.:35 p.m. 1 17 2 1'35 - 1:40 p.m. 2 17 2 , 1:40 - 1:45 p.m. 2 18 1 1:45 - 1:50 p.m. 2 18 I I'.50 - 1:55 p.m. 2 19 1 1:55 - 2.-00 p.m. 0 17 0 Mr. Bob Veriato Farmer Boys Restaurant December 18, 2002 Page 16 TABLE 8 FARMER BOYS CHINO DRIVE THRU COUNTS Friday, November 2:2, 2002 -. 5:00 - 6:30 p.m. , , , Number of Cars Going Through Drive Thru Maximum Number of Cars Waiting in Drive Time Period ...... Per 5 Minute Period Per Hour Thru During Time Period 5:00 - 5.'05 p.m. 2 1 5.-05 - 5:10 p.m. 1 0 5:10 - 5:15 p.m. 1 1 5:15 - 5:20 p.m. 1 2 ,, 5:20-5'*5 p.m. 2 5:25 - 5:30 p.m. 2 2 -. 5:30 - 5-.35 p.m. 1 2 5:35 -5:40 p.m. I 2 , , 5:40 - 5:45 p.m. 2 2 5:45 -5'.50 p.m. I 2 5:50 - 5'.55 p.m. 1 2 5:55 - 6:00 p.m. 2 17 2 6:00 - 6.'05 p.m. 1 16 2 ,,, 6:05 - 6:10 p.m. 2 17 1 6:10 - 6:15 p.m. 2 18 1 6:15 - 6:20 p.m. i 18 I , , 6'.20 - 6-25 p.m. 1 17 0 , , 6:25 - 6:30 p.m. 1 16 1 Mr. Bob Veriato Farmer Boys Restaurant December 18, 2002 Page 17 TABLE 9 FARMER BOYS CHINO DRIVE THRU COUNTS Saturday, November 23, 2002 - 11:00 a.m. to 2:00. p.m. Number of Cars Going Through Drive Thru Maximum Number of Cars Waiting in Drive Thru Time Period Per 5 Minute Period Per Hour During Time Period i1:00- 11:05 a.m. 2 3 11:05 - 11:10 a.m. 3 3 I1:10- 1I:15 a.m. 2 3 , , 11:15 - 11'20 a.m. 2 2 11:20 -11'225 a.m. 2 3 ' 11'25 - 11'.30 a.m. 3 4 , 11:30- 11'35 a.m. 4 3 11:35 -11:40 a.m. 5 4 , I 1:40 - I 1:45 a.m. 3 3 , 11:45 -11:50 a.m. 4 4 I1:50 - 11:55 a.m. 3 3 11:55 - 12:00 p.m. 4 37 3 12.~0- 12:05 p.m. 3 38 3 12:05 - 12:10 p.m. 3 38 4 12:10- 12:15 p.m. 3 39 3 12:15 - 12'20 p.m. 2 39 3 , , 12:20 - 12:25 p.m. 2 39 2 12:25 - 12:30 p.m. 3 39 2 , 12'30 - 12:35 p.m. 2 37 2 12'.35 - 12:40 p.m. 3 19 ' 2 12:40 - 12:45 p.m. 3 20 2 12:45 - 12:50 p.m. 2 33 1 ,, , , , , , 12:50 - 12'55 p.m. 2 32 2 12:55 - 1D0 p.m. 2 30 1 1:00 - 1:05 p.m. 2 29 2 ,, 1:05 - 1:10 p.m. 1 27 1 , , 1:10 - I:15 p.m. 2 , 26 ....... I Mr. Bob Veriato Farmer Boys Kestaurant December 18, 2002 Page 18 TABLE 9 (Continued) FARMER BOYS CHINO DRIVE THRU COUNTS Saturday, November 23, 2002 - II:00 a.m. to 2:00 p.m. 1:15 - 1:20 p.m. 2 26 2 1 '~0 - 1'.25 p.m. I 25 1 1:25 - 1'.30 p.m. 2 24 I 1'.30 - 1'.35 p.m. 1 23' 0 1'.35 - 1:40 p.m. 1 21 0 1:40 - 1:45 p.m. 2 20 1 , 1:45 - 1:50 p.m. 1 19 1 1:50 - 1'.55 p.m. 1 18 0 ,,, ,, 1:55 - 2:00 p.m. 2 18 I , Mr. Bob Veriato Farmer Boys Res~caurant December 18, 2002 Page 19 TABLE 10 FARMER BOYS CHINO DRIVE THRU COUNTS Saturday, November 23, 2002 - 5:00 - 6:30 p.m. Number of Cars Going Through Drive Thru Maximum Number of Cars Waiting in Drive Time Period ....... Thru During Time Period Per 5 Minute Period Per Hour 5:00- 5.~5 p.m. 2 I 5:05 - 5:10 p.m. 2 2 5:10 - 5:15 p.m. I I , 5:15 - 5'.20 p.m. 2 2 ,, 5:20-5'25 p.m. 3 ...... ~ ....... ~-' 3 5~5 - 5'30 p.m. 3 3 5'30 - 5'35 p.m. 4 3 5:35 -5:40 p.m. 3 2 5:40 - 5:45 p.m. 2 2 5:45 -5'.50 p.m. 3 2 5:50 - 5:55 p.m. 2 2 5:55 - 6:00 p.m. 2 29 ! 6:00 - 6:05 p.m. 3 30 2 6:05 - 6:10 p.m. 2 30 2 6:10 - 6:15 p.m. 1 30 2 6:15 - 6:20 p.m. 2 30 2 6'.20 - 6:25 p.m. 1 28 6'25 - 6'30 p.m. 1 26 1 20 ATTACHMENT A Vicinity Map and Site Plan for Farmer Boys Diamond Bar Restaurant ATTACHMENT E Acoustical Analysis, Dated April 10, 2003 GORDON BRIOKEN & ASSOCIATES ACOUSTICAL and ENERGY ENGINEERS April 10, '2003 UPDATED ACOUSTICAL ANALYSIS FARMER BOYS R E S T-A U R A N T CITY TUSTIN Gordon Bricken President /mmb Prepared for: MR. KENNY DEWA_N 6 Copper Hill Irvine, California 92640 1621 East Seventeenth Street, Suite K Phone (714) 835-0249 Santa Ana, California 92705-8518 FAX (714) 835-1957 03/!72 GORDON BRiCKEN & ASSOCIATES ACOUSTICAL and ENERGY ENGINEERS SUMMARY The analysis has been completed to determine the noise exposure and the necessary mitigation measures for the proposed Farmer Boys Fast Food Restaurant project located at the.northwest corner of First Street and Prospect Avenue in the City of Tustin. A comprehensive list of recommendations and requirements is given in the following summary. Details are discussed in the body of the report. A. NOISE IMPACTS The study examined the combined impacts of different noise sources including the car parking, rooftop equipment, and the speakerboard. Details are contained in the report. The analysis indicated that the project will meet the City's Noise Ordinance provided the assumptions and mitigations are as specified below. B. MITIGATION It is possible to meet the requirements of th® City's Noise Ordinance. However, a number of factors needed in the analysis had to be assumed in order to determine the extent of the impact. The following measures incorporate the assumptions and the required mitigations that are needed based on those assumptions: a. Ail rooftop mechanical equipment shall have a sound rating equivalent to 8.5 Bels or-less, or the equivalent sound pressure level of 65 dBA or less at ten feet. These ratings may be altered if it can be demonstrated that the combination of equipment does not yield a net condition with the other sources of noise in excess of the City's requirements. The final plans should be reviewed by the acoustical engineer. 1621 East Seventeenth Street, Suite K Santa Aha, California 92705-8518 Phone (714) 835-0249 FAX (714) 835-1957 03/172 b. The rooftop parapet or equivalent shielding shall be a minimum five feet high relative, to the roof on the north and east side of the building. c. The speakerboard shall be equipped with a limiter such that the maximum output with any input level will not exceed 90 dBA at one meter (3.3 feet); or the equivalent for any other distance. - d. A minimum six foot eight inch (6'8") high wall relative to the site grade shall be constructed along the north property line the full width of the project site. e o The Acoustical Engineer shall certify the final plans. 03/172 ACOUSTICAL and ENERGY ENGINEERS 1.0 INTRODUCTION This report presents the results of a noise impact and design study of the proposed Farmer Boys Restaurant project located at the northwest corner of Prospect Avenue and First Street in the City of Tustin. A vicinity map showing the general location of the center is presented on Exhibit 1 -- Site Location Map. The site plan is shown on Exhibit 2. 2.0 AREA DESCRIPTION The surrounding land uses are as follows: North .... Three, single story, single family houses. There is a six foot wall on the south side of the lots that is common to the development site. The photos shown on Exhibit 3 depict the relationship. East ..... Prospect Avenue, across which is a commercial -. site. '- South .... First Street, across which are commercial uses. West ..... A tire store abuts the west property line of the project site. The parcel that is primarily affected by the proposed operation is the residential lot directly opposite the proposed location of the drive-through lane of the project. The garage of this lot is shown on the right side of the lower photo on Exhibit 3. 1621 East Seventeenth Street, Suite K Santa Aha, California 92705-8518 Phone (714) 835-0249 FAX (714) 835-1957 03/i72 3.0 APPLICABLE NOISE CRITERIA Any impact of the project would be primarily to the residential uses. The City's Noise Ordinance has specific noise limits. The required limits at the project's north boundary are given in Table !. TABLE '1 NOISE ORDINANCE LIMITS FOR RESIDENTIAL PROPERTY(I) ALLOWED LIMIT EXTERIOR INTERIOR ALLOWED DURATION DAY NIGHT DAY NIGHT SYMBOL 30 minutes in hour 5~ 50 15 minutes in hour 60 55 5 minutes in hour 65 60 1 .minute in hour 70 65 Anytime in hour 75 70 .... L50 .... L25 55 45 L8 60 50 L2 65 55 Lmax · (i) Day = 7:00 A.M. to 10:00 P.M. Night = 10:00 P.M. to 7:00 A.M. This Ordinance can also be represented by a graph. The exterior portion is shown on Exhibit 4. 4.0 PROJECT DESCRIPTION The project site'plan is shown on Exhibit 2A and the Roof Plan on Exhibit 2B. The proposed project Consists of the following features: " 1. A single building housing the operations of the fast food restaurant. No noise specification was provided for the mechanical systems. This building has two (2) HVAC units, four (4) exhaust fans and two refrigeration units. . A parking area located on the west and north sides of the parcel. . A drive-through area located on the north and east sides of the building. The operation of the facility has cars entering the drive-through from the west along the driveway that runs along the north side of the site next to the residential lots. A speakerboard for ordering is located on the east side of the entrance to the pickup window. Each car proceeds to the 03/172 speakerboard, places an order, proceeds to the payment window, and then to the pickup window. Ordering time will be about one minute. However, during busy times, especially at breakfast time and lunchtime, there will be a queue. This will cause cars to idle in the line for a longer period of time. 5.0 EXISTING NOISE LEVELS One. of the features of the Noise' Ordinance is the ability to adjust sound limits if the existing ambient levels are higher. Measurements of the existing background ambient noise levels were performed on the site at the north residential property line on the project side of the common wall. Measurements were carried out for a 24 hour period with a Larson-Davis Model 700 Integrating Sound Level Meter set to record the parameters listed in the Noise Ordinance. The data printout is contained in Appendix 1. The existing hourly parameters are plotted on/Exhibit 5' The Ordinance allows upwavd adjustments to the base noi~Se %.$mi.ts if the measured ambient levels exceed the limits in the lowest noise hour. Exhibits 6 and 7 depict the ambient curve in comparison to the allowed limits curves. The ambient is seen to be less than the allowed limits with the exception of the maximum (Lmax) level. Inspection of the printout (contained in Appendix 1) indicates that the maximum levels were 73 to 88 dBA during the day, and 55 to 8~ dBA at night. So, it is possible that--the maximum level would frequently exceed 75 dBA in the day period and 70 dBA in the night period. However, the pattern is random and cannot be employed as a permanent design adjustment. Therefore, no adjustment to the limits of the Ordinance are contemplated 6.0 REFERENCE NOISE LEVELS ........... , ! restaurant will open at 6:00 A.M. ~and close at !:00 A.Mi Some operate 2~ hours, but the assUmption.~here is tha~ t'h,~s will not occur. There are basically three~'~tpipes of noise cars in the parking lot, the rooftop equipment, and the speakerboard. The client supplied data sheets on four different speakerboard systems. The sheets are contained in'Appendix 2. Only one company, Panasonic, provided any sound level data. This system is specified with a human voice at 85 to 90 dBA Sound Pressure Level at 3.3 feet. These speakerboard levels were taken from measurements at other fast food locations. Speakerboard operations have been measured by this firm on a number of occasions. A sample of a typical sequence of events at a speakerboard as measured at 35 feet is shown on Exhibit 8. The · 03/172 ordering portion of this operation (called PA) ranged from 52 to 62 dBA. The 62 dBA level at 35 feet would translate to 83 dBA at 3.3 feet which is on the low end of the range quoted for the Panasonic unit. For purposes of this study, the Panasonic maximum level of 90 dBA at 3.3 feet will be used as the worst case for evaluation purposes. Inspection of Exhibi2 8 indicates the various other contributing events related to the cars which occur at different levels for different durations. Note that there was essentially a . continuous stream of cars in this example. The idling motors produced the minimum levels. The translation of this example into the terms of the Noise Ordinance is given in Table 2. TABLE 2 SAMPLE LEVELS AT 82 FEET FOR DRIVE-TKROUGH PARAMETER LEVEL LS0 47 L25 49 L8 51 L1 53 Lmax 58 Note that this example shows the maximum level to be set by a car and not the speakerboard which was 62 dBA. The Panasonic unit would translate to 69 dBA at 35 feet, so it would set the maximum if replaced at the relevant unit. The rooftop equipment noise ratings have not been specified. For calcul'ation purposes, the air conditioning units were assumed to be ratted at 8.5 Bels with a 6 dBA increase for installation. This is equivalent to 73 dBA at ten feet per unit. The refrigeration equipment is also assumed to produce 73 dBA at ten feet. The exhaust fans were assumed to rate 12 Bels which converts to a level of 60 dBA at ten feet for each unit. Ail units are assumed to run 24 hours a day, even though, the building was assumed to be open to the public 19 hours. Continuous operation essentially means that the Lmax and L50 values are the same. While the various pieces of equipment will vary in distance from the property lines, the actual distances cannot be known without a roof plan. To simplify the calculation, all the units were assumed to be grouped at the point equal to the location of the north wall of the building. This means the total reference level is 79 dBA at ten feet. The final component of the operation is the parking and the driving along the north property line. The exact parking conditions are not known, so it was assumed that each parking space next to the north wall changed a maximum of twelve times in the 03/172 highest hour. The effective values in the Noise Ordinance terms are given in Table 3. The parking event includes arrival, door slams, car starting, car alarm arming, and talking. TABLE 3 PARKING SEQUENCE NOISE LEVELS FOR TWELVE CARS IN A SINGLE HOUR AT THREE FEET FROM THE CAR (1) PAR3LMETER LEVEL L50 40 L25 52 L8 65 L1 76 Lmax 84 (i) The levels are based on a measured sample of one car converted to twelve cars in an hour. Finally, there is the sound level for cars moving along the north driveway at 40 feet from the north property line. The assumption is that the cars are operating at 15 miles per hour and there are 50 cars an hour in the worst hour. The calculations for the LS0 noise level are contained in Appendix 3. The other levels are listed in Table 4. TABLE 4 DRIVEWAY NOISE LEVELS FOR 50 CARS IN A SINGLE HOUR AT 50 FEET FROM THE CARS%1~' ' PARAMETER LEVEL L50 40 L25 45 L8 49 L! 60 Lmax 62 (1) The levels are based on 50 cars an hour. 7.0 EXTERIOR IMPACT OF THE PROJECT There are three distinct locations along the north property line that define the highest and lowest sound levels. One location is opposite the speakerboard. There will be the combined levels of the drive-through, the building mechanical equipment, and the cars moving in the driveway at this location. Another location is opposite the parking lot west of the building. There are cars arriving and leaving in the parking spaces along the north property line and cars moving in the driveway south of those parking spaces. In between these two extremes, is a location where the parking occurs and there will be noise from the building's mechanical equipment. The speakerboard is located a nominal 82 feet from the north property line. The north edge of the building is 92 feet from the north property line. Cars in the driveway are 40 feet from the north property line. The existing six foot wall provides some noise reduction. The calculations, contained in Appendix 4, indicate that the wall provides eight dBA to the moving autos in the driveway, 15 dBA to the parked vehicles, seven dBA to the drive-through and zero dBA of reduction to the rooftop mechanical noise. The levels at the north property line are given in Tables 5, 6, and 7. TABLE 5 SAMPLE LEVELS AT NORTH PROPERTY LINE AT THE EAST END OF THE 'PROPOSED SITE OPPOSITE THE SPEAKERBOARD(!) ,-PARAMETER SPEAKERBOARD HA;AC DRIVEWAY LEVEL LEVEL LEVEL TOTAL (i) L50 L25 L8 L1 Lmax a. b , C · d. 47 62 28 62 49 62 35 62 51 62 38 62 53 62 49 62 58 62 55 64 Speakerboard is presumed to be located 82 feet from north property line and based on a continuous stream of"'cars. Driveway was 50 cars and hour moving at 15 mph at 40 feet. HVAC consists of two .air conditioners rated at 8.5 Bels, two refrigeration unit rated at 73 dBA at !0 feet, and four fans rated at 12 Sones each. Ail units are assumed at 92 feet from the north property line and mounted on the roof. No rooftop shielding has been assumed and a 24 hour operation is assumed. Property line noise reduction of wall is included. 03/172 TABLE 6 SAMPLE LEVELS AT NORTH PROPERTY LINE AT WEST END OF THE PROPOSED SITE OPPOSITE THE PARKING AREA (1) PARKING DRIVEWAY PARAMETER LEVEL LEVEL TOTAL L50 17 28 29 L25 29 35 36 L8 42 38 43 L1 53 49 54 Lmax 61 55 62 (1) a. The driveway has 50 cars in an hour, moving at 15 mph and is 40 feet from the north property line. b. The parking is 12 changes of parking per space in an hour. c. The property line noise reduction of wall is included. TABLE 7 SAMPLE LEVELS AT NORTH PROPERTY LINE AT MIDDLE OF THE PROPOSED SITE (!) (1) PARK I NG HVAC DR I VEWAY PARAMETER LEVEL LEVEL LEVEL TOTAL' .. L50 17 62 28 62 L25 29 62 35 62 L8 42 62 38 62 L1 53 62 49 63 Lmax 61 62 ."' 55 65 , a. Driveway has 50 cars an hour and moving at 15 mph. at a distance of 40 feet. b. HVAC consists of two air conditioners .rated at 8.5 Be!s, two refrigeration units rated at 73 dBA at 10 feet, and four fans rated at 12 Sones each. All units are assumed at 92 feet from north property line and mounted on the roof. No rooftop shielding has been assumed and 24 hour operation is assumed. c. Parking is 12 changes of parking per space in an hour. d. Property line noise reduction of the wall is included. 10 03/172 7.0 (1) a. b o d o ANALYSIS OF IMPACT Tables 8, 9, and 10 compare the results of Tables 5, and 7 to the City's Noise Ordinance. TABLE 8 SAMPLE LEVELS AT NORTH PROPERTY LINE AT EAST END OF THE PROPOSED SITE OPPOSITE THE SPEAKERBOARD COMPARED.TO CITY NOISE ORDINANCE (i) LIMITS DIFFERENCE PAP~ETER TOTAL ,pAY NIGHT DAY NIGHT L50 62 55 50 + 7 +12 L25 62 60 55 + 2 + 7 L8 63 65 60 - 2 + 3 L! 62 70' 65 - 8 - 3 Lmax 64 75 70 -11 - 6 Speakerboard is presumed to be located 82 feet from the north property line and based on a continuous stream of cars. Driveway is assumed 50 cars an hour and moving at 15 mph at 40 feet. The HI;AC consists of two air conditioners rated at 8.5 Bets, two refrigeration unit rated at 73 dBA at !0 feet, and four fans rated at 12 Sones each. Ail units are assumed at 92 feet from north property line and mounted on the roof. No rooftop shielding has been assumed and a 24 hour operation is assumed. The noise reduction of the property line wall is included. Minus means project is less than allowed Plus means the project exceeds the allowed limit. 11 0 /172 (i) (i) TABLE 9 SAMPLE LEVELS AT NORTH PROPERTY LINE AT THE WEST END OF THE PROPOSED SITE OPPOSITE THE PARKING AREA COMPARED TO CITY NOISE ORDINANCE (1) LIMITS DIFFERENCE PARAMETER TOTAL DAY NIGHT DAY NIGHT . LS0 29 55 50 -26. -21 L25 36 60 55 -24 -19 L 8 43 65 60 -23 -17 L ! 54 70 65 -16 -i1 Lmax 62 75 70 -13 - 8 a. The driveway is assumed 50 cars an hour, moving at 15 mph at a distance of 40 feet. b. Parking is 12 changes per space in an hour. c. The noise reduction of the property line wall is included. d. Minus means project is less than allowed. Plus means the project exceeds the allowed limit. TABLE !0 SAMPLE LEVELS AT NORTH PROPERTY LINE AT THE MIDDLE OF THE PROPOSED SITE COMPARED TO CITY NOISE ORDINA_NCE%i~-' ' LIMITS DIFFERENCE PARAMETER TOTAL DAY NIGHT DAY NIGHT L50 62 55 50 + 7 +12 L25 62 60 55 ..+ 2 + 7 L8 62 65 60 ~'3 + 2 L! 63 70 65 - 7 - 2 Lmax 65 75 70 -!0 - 5 a. The driveway is assumed 50 cars an hour, moving at 15 mph at a distance of 40 feet. b. HVAC consists of two air conditioners rated at 8.5 Bels, two refrigeration units rated at 73 dBA at i0 feet, and four fans rated at 12 Sones each. All units are assumed at 92 feet from the north property line and mounted on the roof. No rooftop shielding has been assumed and a 24 hour operation is assumed. c. Parking is 12 changes per space in an hour. d. The noise reduction of the property line six foot wall is included. e. Minus means project is less than allowed. Plus means the project exceeds the allowed limit. 12 The drive-through, by itself, is in compliance with the Ordinance. However, at the east end, it is the HVAC equipment that sets the terms of compliance which would require an added 12 dBA of noise reduction. At the west end, the project is under the limits. In the area in between, it is again the HVAC system that determines the terms of compliance where an additional 12 dBA of noise reduction is required. · 8.0 MITIGATION ANALYSIS following: The initial consideration is adding some noise reduction to the rooftop equipment. This can be done by the i. Reduce the design noise level by 12 dBA for the air conditioners and refrigeration equipment. This would require a level of 7.3 Bols. Such a level may be too low for the type of equipment typically intended for this application. 2. Reduce the number of units. If this were reduced to one air conditioner and one refrigeration unit, the level would be reduced only two dBA. Thus, this approach will not provide nearly enough noise reduction. 3. Move the rooftop, equipment farther away from the north side of the building. This is considered impractical now that the roof plan has been produced. Install a ~ound shield. The calculations, contained in Appendix 5, indicate that a barrier five feet high will provide 13 dBA of noise reduction. The use of a shield has the most significant effect. The 13 dBA would be adequate providing that the noise level of the equipment remains at the specified levels. The only remaining problem is to reduce the levels from the cars by two (2) dBA. The calculations, contained in Appendix 4, were carried out for wall heights from 6.0 feet to 7.0 and for setbacks of five to 25 feet from in wall in the nearest rear yard. The changes in levels are given in Table il on the following page. 13 03/!72 TABLE 11 DIFFERENCE IN NOISE REDUCTION FOR WALL HEIGHTS FROM 6.0 FEET TO 7.0 FEET RELATIVE TO SIX FEET HEIGHT DIFFERENCE 6.0 0.0 6.I 0.3 6.2 0.5 6.3 0.8 6.4 1.1 6.5 1.3 6.6 1.5 6.7 1.8 6.8 2.1 6.9 2.3 7.0 2.6 The City prefers to limit the height of a wall to six feet eight inches, or 6.67 feet. Tables 5, 6, and 7 have been revised to reflect the mitigated levels shown in Tables 12~, 13, and 14. Tables 8, 9, and i0 have been revised to reflect the mitigated levels shown in Tables 15, 16, and 17. TABLE 12 SAMPLE LEVELS AT NORTH PROPERTY LINE AT THE EAST END OF THE PROPOSED SITE OPPOSITE THE SPEAKERBOARD WITH MITIGATION(1) SPEAKERBOARD HVAC DRIVEWAY PARAMETER LEVEL LEVEL LEVEL TOTAL L50 45 49 26 50 L25 47 49 33 51 L 8 49 49 36 52 L 1 51 49 47 53 Lmax 56 49 53 55 (i) a. The speakerboard is presumed to be located 82 feet from the north property line and based on a continuous stream of cars. b The driveway is assumed 50 cars an hour, moving at 15 mph at a distance of 40 feet. c. HVAC consists of two air conditioners rated at 8.5 Bels, two refrigeration units rated at 73 dBA at i0 feet, and four fans rated at 12 Sones each. 'Ail units are assumed at 92 feet from the north property line and mounted on the roof. Five foot rooftop shielding has been assumed and a 24 hour operation is assumed. d. The noise reduction of a six foot eight inch property line wall is included. 14 03/!72 (i) (i) TABLE 13 SAMPLE LEVELS AT NORTH PROPERTY LINE AT WEST END OF THE PROPOSED SITE OPPOSITE THE PARKING AREA WITH MITIGATION(i) PARKING DRIVEWAY PARAMETER LEVEL LEVEL TOTAL LS0 '15 26 28 L25 27 33 36 L 8 40 36 42 L 1 52 47 54 Lmax 49 53 60 a. The driveway has 50 cars an hour, moving at 15 mph. and is at 40 feet. b. Parking is !2 changes per space in an hour. c. The noise reduction of a six foot eight inch property line'wall is included. TABLE 14 SAMPLE LEVELS AT NORTH PROPERTY LINE AT MIDDLE OF THE PROPOSED SITE WITH MITIGATION(I) PARKING HVAC DRIVEWAY PARAMETER LEV'EL LEVEL LEVEL TOTAL L50 15 49 26 49 L25 27 49 33 49 L 8 40 49 36 50 L 1 51 49 47 54 Lmax 59 49 53 ~: 60 a The driveway is assumed 50 cars an hour, moving at 15 mph at a distance of 24 feet. b. HVAC consists of two air conditioners rated at 8.5 Bels, two refrigeration units rated at 73 dBA at 10 feet, and four fans rated at 12 Sones each. Ail units are assumed at 92 feet from the north property line and mounted on the roof. Five foot rooftop shielding has been assumed and a 24 hour operation is assumed. c. Parking is !2 changes per space in an hour. d. The noise reduction of a six foot eight inch property line wall is included. 15 03/i72 TABLE 15 SAMPLE LEVELS AT NORTH PROPERTY LINE AT EAST END OF THE PROPOSED SITE OPPOSITE THE SPEAKERBOARD WITH MITIGATION COMPARED TO CITY'S NOISE ORDINANCE(I) LIMITS DIFFERENCE PAP~AMETER TOTAL DAY NIGHT DAY NIGHT L50 50 55 50 - 5' 0 L25 51 60 55 - 9 - 4 L8 52 65 60 -13 - 8 L! 53 70 65 -17 -12 Lmax 55 75 70 -20 -i5 a. The speakerboard is presumed to be located 82 feet from the north property line and based on a continuous stream of cars. b The driveway is assumed 50 cars an hour, moving at 15'mph at a distance of 40 feet. c. HVAC consists of two air conditioners rated at 8.5 Bels, two refrigeration units rated at 73 aBA at 10 feet, and four fans rated at 12 Sones each. All units are assumed at 92 feet from the north property line and mounted cn the roof. Five foot roof top shielding has been assumed and a 24 hour operation is assumed. d. The noise reduction of a six foot eight inch property line wall is included. (1) TABLE 16 SAMPLE LEVELS AT NORTH ~ROPERTY LINE AT WEST END ~ OF THE PROPOSED SITE OPPOSITE THE PARKING AREA COMPARED TO CITY NOISE ORDINANCE (!) LIMITS DIFFERENCE PARAMETER TOTAL DAY NIGHT DAY NIGHT L50 28 55 50 -27 -22 L25 36 60 55 -24 -19 L8 42 65 60 -23 -18 L1 54 70 65 -16 Lmax 60 75 70 -15 -10 a The driveway is assumed 50 cars an hour, moving at !5 mph at a distance of 40 feet. b. Parking is 12 changes per space in an hour. c. The noise reduction of a six foot eight inch property line wall is 'included. d. Minus means the project is less than allowed. 16 03/172 TABLE ! 7 SAMPLE LEVELS AT NORTH PROPERTY LINE AT MIDDLE OF THE PROPOSED SITE COMPARED TO CITY NOISE ORDINANCE(I) LIMITS DIFFERENCE PARAMETER TOTAL .DAY NIGHT DAY NIGHT L50 49 55 50 - 6 - ! L25 49 60 55 -1~ - 6 L 8 50 65 60 -15 -10 L 1 54 70 65 -16 -1! Lmax 60 75 70 -15 -10 (i) a. The speakerboard is presumed to be located 82 feet from the north property line and based on a continuous stream of cars. b The driveway is assumed 50 cars an hour, moving at 15 mph at a distance Of 40 feet. c. HVAC consists of two air conditioners rated at 8.5 Be!s, two refrigeration unit rated at 73 dBA at 10 feet, and four fans rated at 12 Sones each. Ail units are assumed at 92 feet from the'north property line and mounted on the roof. Five foot roof top shielding has been assumed and a 24 hour operation is assumed. d. The noise reduction of a six foot eight inch property line wall is included. e. Minus means the project is less than allowed. 9.0 MITIGATION It is possible to meet the requirements of the City's Noise Ordinance. However, a number of factors needed in' the-analysis had to be assumed in order to determine the extent of the impact. The following measures incorporate the assumptions and the required mitigations that are needed based on those assumptions: a. The rooftop mechanical equipment shall have a sound rating equivalent to 8.5 Bels or less, or the equivalent sound pressure level of 73 dBA or less at ten feet. Fans shall be rated at 12 Sones or less. These ratings may be altered if it can be demonstrated that the combination of equipment does not yield a net condition with the other sources of noise in excess of the City's requirements. Such an assessment should be reviewed by the acoustical engineer once the rooftop plans are available. b. The rooftop parapet or equivalent shielding shall be a minimum five feet high relative to the roof on the north and east side of the building. 17 03/z72 c. The speakerboard shall be equipped with a limiter such that the maximum output with any input level will not exceed 90 dBA at one meter (3.3 feet), or the equivalent for any other distance. d. A minimum six foot eight inch high wail relative to the site grade shall be constructed along the north property line the full width of the project site. e , The Acoustical Engineer shall certify the final plans. 18 EXHIBIT 1 SITE LOCATION MAP { i (, .. BI GELOW; "fi"/ 140' ") :;3 2-~'.0" frd 39~d OOOM~3fJNI1 q2'>I3IE~ [ [~SLSL .~6 .cl0 :SrJ 2'd 8926 E::~;~ SA& SJ_NI:J~CIt=tZS3~I HS3~I-.I N~bl.=l e~S :0I BO /.LO odW I ISO~_q~_6P6 Z.O '~I EXHIBIT 3 View of the Site View o£Rear of the Site EXHIBIT 4 TUSTIN EXTERIOR NOISE ORDINANCE CURVE F- Z LO lO0 95 90 85 8O 75 7O 65 5O 55 50 45 4O 35 3O 25 20 15 10 5 0 4O NIGHT )AY .. 45 50 55 60 65 70 75 80 85 90 DBA EXHIBIT 5 HOURLY SOUND LEVELS FOR 24 HOUR PERIOD AT NORTH END OF PROJECT SITE OPPOSITE SPEAKER LOCATION 100 95 9O 85 8O 75 7o 65 6o 55 5O 45 4o 35 3o 25 2O 15 10 12 AM + LMAX 6 AM 6PM ~ L2 ~ L8 ~ L25 ~ L5o 12 PM HOUR EXHIBIT 6 Z LO LO 100 -- . _ ~0 - 86 = 8O -E ZO - -- -- 80 - = 55 - __ 5O -- ._ 40 --=- 35 --- 30 - -- 25 - -- ._ 2O -- -- 10 -- -- ._= 0 TUSTIN DAYTIME NOISE ORDINANCE CURVE COMPARED TO LOVVEST DAYTIME HOUR (9 P.M. TO 10 P.M.) 4O / AMBIENT CURVE ORDINANCE CURVE 45 50 55 60 65 70 75 80 85 90 DBA EXHIBIT 7 Z <~ LL. 0 Z 100 .-..= 95 - 90 = 85 - 80 = 75 -: 7O = 65 ....EZ 6o ~ 55 --E_- 50 '"' 45 5 4O 35 -.-E -- 30 ~ 25 - = 20 - 15 - 10 - 5 '- ___. 0 - TUSTIN DAYTIME NOISE ORDINANCE CURVE COMPARED TO LOWEST NIGHTTIME HOUR (2 A.M. TO 3 A.M.) 4O ORDINANCE CURVE I ~ AMBIENT CURVE ~,,,l~t,l~ 45 50 55 M. 60 65 70 75 80 85 90 DBA ~0 m LLI IL! n Z CO 0 ~ 0 I I I I I I I I I I I i I 0 0 0 0 0 0 CD 0 0 I ! I I ! I I 0 0 0 0 m 0 CD cD 0 0 0 0 0 CD 0 0 0 eO !~ cD ¢.0 ~ ~ ~ I~, ~ I~ ,~- I I I i ! I .I I I I I I I I ! I I I i I i I CD 0 0 0 CD 0 0 0 CD CD 0 CD n / ./ .~,-' GORDON BRICKEN & ASSOCIATES ACOUSTICAL and ENERGY ENGINEERS APPENDIX '1 24 HOUR PRINTOUT 1621 East Seventeenth Street, Suite K Phone (714) 835-0249 Santa Aha, California 92705-8518 FAX (714) 835-1957 " --.,% LARSON-DAVIS LABS -- MODEL 700 07/1!/02~15:32:41 SN 70032199 PAGE 1 Dose 0.9 Proj 0.3 SEL 114.7 LVL 65.3 Time 0024:2 Lmin 40.5 Lmax 121.0 Lpk 143.5 OVLD 00 RMS Ex 000! Pk Ex 0001 01 Memory 3238.0 L02 68.5 L08 63.5 L25 59.5 L50 56.0 1:54 SETUP DATA Detc FAST Wght A Pk Unwgt =0 Crit 90.0 ~hld 32.O Exch 3 LDL =0 KMS Thld Pk Thld Hyst Run date Stop date Run time 1 Stop time 1 Run time 2 Stop time 2 Excd =0 115.0 140.0 0 07/ 0 00/00 15:00 99:00 99:00 99:00 intv =1 Time 00:15 Auto-Stop =0 Ln =I Hist =0 Save Pk =0 Per 60.0 Cai 28.5 v, !. 410 Cnt ! LARSON-DAVIS LABS -- MODEL 700 07/11/02 15:32:51 SN 700B2199 PAGE LVL SEL Lmax Lpk Lmin Date Time Dur 59.0 89.0 72.5 84.5 50.5 10 JUL 15:00:01 0:15 h:m L02 = 65.5 L08 = 62.5 L25 = 59.5 LS0 Ex Pk Ov 0 0 0 = 57.5 2 61.5 91.0 76.0 89.0 51.5 10 JUL 15:15:01 0:15 h:m 0 0 0 L02 = 69.5 L08 = 65.0 L25 = 61.0 L50 = 58.5 3 62.5 92.5 77.5 89.5 51.0 10 JUL 15:30:01 0:15 h:m 0 0 0 L02 = 7'1.5 L08 = 67.0 L25 = 62.0 L50 = 59.0 63.0 92.5 79.0 88.0 53.0 10 JUL 15:45:01 0:15 h:m 0 0.0 LO2 = 71.5 LO8 = 68.0 L25 = 62.0 L50 = 59.0 5 61.0 90.5 81.0 93.0 51.5 10 JUL 16:00:01 0:15 h:m 0 0 0 L02 = 67.5 L08 = 64.5 L25 = 61.0 L50 = 58.0 6 59.5 89..0 75.5 86.0 51.5 10 JUL 16:15:01 0:15 h:m 0 0 0 L02 = 65.5 L08 = 62 5 L25 = 59.5 LS0 = 57.5 7 59.5 89.0 72.5 82.0 51.5 10 JUL 16:30:01 0:15 h:m 0 0 0 LO2 = 65.5 LO8 = 63 0 L25 = 60.0 L50 = 57.5 8 61.0 90.5 75.5' 85.5 50.5 10 JUL 16:45:01 0:15 h:m 0 0 0 L02 = 70.0 L08 = 64 5 L25 = 61.0 LS0 = 58.5 9 62.5 92.0 78.5 90.0 51.0 10 JUL 17:00:01 0:15 h:m 0 0 0 L02 = 70.0 L08 = 65 5 L25 = 62.5 L50 = 59.5 !0 63.0 92.5 87.,5 !00.0 LO2 = 69.0 52.5 10 JUL L08 = 64 5 17:15:01 0:15 h:m 0 0 0 L25 = 62.0 L50 = 60.0 i1 61.5 91.0 74.0 84.5 51.0 10 JUL 17:30:01 0:15 h:m 0 0 0 L02 = 68.0 L08 = 65 0 L25 = 61.5 L50 = 59.0 .. 12 62.0 91.5 77.0 87.5 51.5 10 JUL 17:45:'01 0:15 h:m 0 0 0 -- L02 = 70.5 L08 = 65.0 L25 = 62.0 LS0 = 59.5 13 63.0 92.5 77.5 99.0 52.0 10 JUL L02 = 71.0 L08 = 67.0 14 63.5 93.5 79.0 93.5 52.0. i0 JUL L02 = 72.0 L08 = 68.0 15 61.5 91.0 79.0 91.5 52.5 10 JUL L02 = 68.5 L08 = 64.5 16 61.5 91.0 75.5 89.0 51.0 10 JUL .~ L02 = 69.0 L08 = 66.0 18:00:01 0:15 h:m 0 0 0 L25 = 62.0 L50 = 59.5 18:15:01 0:15 h:m 0 0 0 L25 = 63.5 L50 = 60.5 18:30:01 0:15 h:m 0 0 0 L25 = 62.0 L50 = 59.5 18:45:01 0:15 h:m 0 0 0 L25 = 62.0 L50 = 59.0 17 61.5 91.0 76.5 87.0 50.5 10 JUL L02 = 69.5 L08 = 6,5.5 18 62.5 92.0 77.5 87.5 49.5 10 JUL L02 = 72.0 L08 = 67.0 19:00:01 0:15 h:m 0 0 0 L25 = 61.0 L50 = 58.5 19:15:01 0:15 h:m 0 0 0 L25 = 61.0 LS0 = 57.5 19 61.0 90.5 74.5 85.0 49.5 10 JUL 19:30:01 0:15 h:m 0 0 0 20 59.0 88.5 73,5 86.5 49.5 10 JUL -~ LO2 = 66,0 LO8 = 62.0 mzD = bO-.b LbO = 57.5 19:45:01 0:15 h:m 0 0 L25 = 59.5 L50 = 57.0 '~-~ 61.5 91.0 81.5 92.5 50.5 10 JUL LO2 = 70.5 LO8 = 65.0 22 61.0 90.5 76.5 90.0 50.0 10 JUL LO2 = 70.5 LO8 = 64.5 23 58.0 87.5 71.5 82.5 49.0 10 JUL LO2 = 65'.5 LO8 = 61.5 24 60.5 90.0 74.0 84.5 49.0 10 JUL -- ......... Lfl2--_~._ ~ 0._5 T, ©.&.. = ~ 5. © 20:00:01 0:15 h:m 0 0 0 L25 = 60.5 L50 = 57.5 20:15:01 0:15 h:m 0 0 0 L25 = 60.5 L50 = 57.5 20:30:01 0:15 h:m 0 0 0 L25 = 58.0 L50 = 55.5 20:45:01 0:15 h:m 0 0 0 LARSON-DAVIS LABS MODEL 700 07/11/02 !5:33:44 SN 700B2i99 PAGE Cnt LVL SEL Lmax Lpk Lmin Date 25 58,5 88,0 73,5 84,0 47,5 I0 JUL L02 = 67,0 L08 = 62.5 Time Dur EX Pk Ov 21:00:01 0:15 h:m 0 0 0 L25 = 57,5 L50 = 54,0 26 61.0 90.5 76.5 88.0 47.0 !0 JUL 21:15:01 0:15 h:m 0 0 0 LO2 = 71.5 LO8 = 66.0 L25 = 57.5 LSO = 54.0 27 55,5 85,0 68,5 80,5 45,5 10 JUL 21:30:01 0:15 h:m 0 0 0 · L02 = 63,0 L08 = 59,5 L25 = 55,5 L50 = 53,0 28 59.5 89,0 79,5 90,0 46,5 10 JUL .... L.0_2__~a__6.~_,~__ L08 = 64 , 0 21:45:01 0:15 h:m 0 0 0 L25 = 57,5 L50 = 53,5 29 57,0 86,5 73,5 85,5 47,0 !0 JUL 22:00:01 0:15 h:m 0 0 0 L02 = 65,5 L08 = 60,5 L25 = 55,5 L50 = 53,0 3O 59,5 89.0 74,0 85,5 46.0 10 JUL 22:15:02 0:15 h:m 0 0 0 L02 = 69,5 L08 = 64,0 L25 = 58,0 L50 = 53,5 31 32 59,0 88,5 74,5 86,0 44,5 10 JUL 22:30:02 0:15 h:m 0 0 0 L02 = 69,5 L08 = 64,0 L25 = 55,5 L50 = 5!,5 52.~ 82.0 70.5 78.5 44.5 i0 JUL 22:45:02 0:15 h:m 0 0 0 LO2 = 58.5 LO8 = 55.0 L25 = 52.0 LSO = 49.5 33 50.5 80,0 65,5 74.5 43,5 !0 Jill 23:00:02 0:15 h:m 0 0 0 L02 = 57,0 L08 = 54,0 L25 = 50,5 L50 = 47,5 34 51.0.. 80.5 68,5 80,5 43,0 10 JUL 23:15:02 0:15 h:m 0 0 0 L02 = 59.5 L08 = 54,5 L25 = 50.5 L50 = 47,0 35 36 50,0 79,5 64,5 75.5 42.5 10 JUL L02 = 58,0 L08 = 54.0 ... 52,0 81,5 71,5 81,5 44,0 !0 JUL L02 = 60,0 L08 = 54.5 23:30:02 0:15 h:m 0 0 0 L25 = 49,5 L50 = 47,0 .. 23:45:02 0:15 'h:m 0 0' 0 L25 = 49.5 L50 = 47.0 37, 50.5 80.0 64.0 75.0 45.0 !1 JUL 0:00:02 0:15 h:m 0 0 0 LO2 = 57.0 LO8 = 53.0 L25 = 50.0 LSO = 48.5 38 51.5 81.0 67.5 77.0 44.0 11 JUL 0:15:02 0:15 h:m 0 0 0 LO2 = 59.5 LO8 = 54.5 L25 = 50.5 LSO = 48.0 39 49.5 79,5 68,0 78,0 41,0 1! JUL 0:30:02 0:15 h:m 0 0 0 L02 = 60,0 L08 = 53,0 L25 = 47,0 L50 = 45,0 40 46.0 75.5 58.0 70.0 41.5 1i JUL 0:45:02 0:15 h:m 0 0 0 LO2 = 52.5 LO8 = 49.5 L25 = 45.5 LSO = 44.0 41 49.0 78.5 64.5 74.5 41.5 11 JUL 1:00:02 0:15 h:m 0 0 0 LO2 = 59.0 LO8 = 53.0 L25 = 46.0 L50 = 44.0 42 49.0 78.5 64.0 75.0 41.5 11 JUL 1:15:,02 0:15 h:m 0 0 0 LO2 = 58.5 LO8 = 52.5 L25 = 46.5 LSO = 44.5 43 47.0 76.5 60.0 70.5 42.5 11 JUL 1:30:02 0:15 h:m 0 0 0 47.0 76.5 63.0 73.5 41.5 11 JUL LO2 = 54.0 LO8 = 50.0 1:45:02 0:15 h:m L25 = 45.5 L50 0 0 0 = 44.5 46 47 48 47.0 45.5 46.0 44.0 76.5 63.0 79.0 41.5 11 JUL LO2 = 54.0 LO8 = 49.5 75.0 55.0 69.0 42.0 1i JUL LO2 = 51.5 LO8 = 47.0 75.5 62.0 73.5 40.5 11 JUL LO2 = 52.0 LO8 = 49.0, 73.5 55.0 .68.5 41.0 11 JUL LO2 = 50.0 LO8 = 46.0 2:00:02 0:15 h:m 0 0 0 L25 = 46.5 L50 = 45.5 2:15:02 0:15 h:m 0 © 0 L25 = 45.0 L50 = 44.5 2:30:02 0:15 h:m L25 = 44.5 L50 . 0 0 0 = 44.0 2:45:02 0:15 h:m 0 0 0 L25 = 44.0 L50' = 43.0 Cnt 49 LARSON-DAViS LABS MODEL 07/11/02 15:34:37 SN 700B2199 LVL SEL Lmax Lpk Lmin Date 46.0 75.5 66.0 76.5 40.5 !1 JUL L02 = 53.5 L08 = 49.0 50 47.5 77.5 65.5 76.5 41.0 il JUL L02 = 58.5 L08 = 51.0 51 49.0 78.5 67.5 79.0 41.5 i! JUL LO2 = 58.5 'LO8 ,= 51'.5 52 46.5 76.0 60.0 70.5 42.5 !1 JUL --~' L02 = 53.5 L08 = 49.0 7OO PAGE 4 Time Dur Ex Pk Ov 3:00:02 0:15 h:m 0 0 0 L25 = 44.0 L50 = 43.0 3:15:02 0:15 h:m 0 0 0 L25 = 43.5 L50 = 43.0 3:30:02 0:15 h:m 0 0 0 L25 = 44.5 L50 = 43.5 - 3:45:02 0:15 h:m 0 0 0 L25 = 45.5 L50 = 53 48 54 48 55 52 56 54 0 77.5 64.5 75.5 42.5 !1 JUL L02 = 55.0 L08 = 48.5 0 77.5 62.5 74.5 43.0 !1 JUL L02 = 57.5 L08 = 50.0 0 '81.5 64.5 76.0 45.5 11 JUL L02 =~ 62.0 L08 = 57.5 5 84.5 70.5 82.5 44.5 i1 JUL L02 = 65.5 L08 = 57.5 4:00:02 0:15 h:m . 0 0 0 L25 = 45.5 L50 = 45.0 4:15:02 0:15 h:m 0 0 0 L25 = 46.5 L50 = 45.0 4:30:02 0:15 h:m 0 0 0 L25 = 49.0 L50 = 48.0 4:45:02 0:15 h:m 0 0 0 L25 = 50.5 L50 = 48.5 57 51 58 55 5 0 80.5 68.0 77.5 43.0 !! JUL L02 = 58.5 L08 = 53.5 85.0 72.0 84.0 43.5 !1 JUL · L02 = 64.5 L08 = 59.5 59 56.5 86.0 70.0 81.0 44.5 11 JUL L02 = 67.0 L08 = 60.5 60 55.0 84.5 70.0 79.5 1145.0 1! JUL ? L02 = 63.0 L08 = 60.0 5:00:02 0:15 h:m 0 0 0 L25 = 49.5 L50 = 46.5 5:15:02 0:15 h.:m 0 0 0 L25 = 55.5 L50 = 49.5 5:30:02 0:15 h:m 0 0 0 L25 = 54.5 LSO = 51.0 5:45:02 0:15 .h:m 0 0 0 L25 = 54.5 61 57.5 87.0 70.0 81.0 44.5 11 JUL L02 = 66.0 L08 = 62.5 62 58.0 87.5 78.0 87.0 45.5 11 JUL L02 = 65.5 L08 = 62.0 63 56.5 86.0 68.5 91.5 45.5 11 JilL L02 = 63.0 L08 = 60.5 64 60.5 90.0 74.0 84.5 46.0 11 JUL --~ L02 = 68.5 L08 = 64.5 6:00:02 0:15 h:m 0 0 0 L25 = 57.5 LS0 = 54.0 6:15:03 0:15 h:m 0 0 0 L25 = 57.5 L50 = 53.5 6:30:03 0:15 h:m 0 0 0 L25 = 57.0 L50 = 54.0 6:45:03 0:15 h:m 0 0 0 L25 = 60.5 L50 = 57.0 65 83.0 112.5 121.0 143.5 49.5 11 JUL LO2 = 68.0 LO8 = 64.5 66 61.5 91.0 82.5 108.0 51.5 1! JUL LO2 = 69.0 LO8 = 66.0 7:00:03 0:15 h:m 1 ! 0 L25 = 60.0 LS0 = 57.0 7:15:03 0:15 h:m 0 0 0 L25 = 61.5 LS0 = 58.5 67 61.5 91.0 84.0 106.5 49.5 11 JUL 7:30:03 0:15 h:m 0 0 0 60.5 90.0 76.5 86.5 LO2 = 67.0 70 61.5 91.0 76.0 87.5 LO2 = 71.5 91.0 75.5 86.5 LO2 70'5 72 60.0 89.5 76..0 89.5 ,---, LO2 = 67.5 51.0 1! JUL 7:45:03 0:15 h:m 0 0 0 ..L.O~__=._~6A..~ .... 51.0 11 JUL 8:00:03 0:15 h:m 0 0 0 LO8 = 64.0 L25 = 61.0 L50 = 58.0 49.5 il JUL 8:15:03 0:15 h:m 0 0 0 LO8 = 64.5 L25 = 60.5 L50 = 57.5 48.5 !i JTJL 8:30:03 0:15 h:m 0 0 0 LO8 = 65.5 L25 = 61.5 L50 = 58.0 49.5 11 JUL 8:45:03 0:15 h:m 0 0 0 LO8 = 64.0 L25 = 59.5 L50 = 57.0 Cnt 73 74 75 7~ LARSON-DAVIS LABS -- MODEL 700 07/11/02 15:35:30 SN 700B2i99 PAGE LVL SEL Lmax Lpk Lmin Date Time Dur Ex Pk Ov 61.0 90.5 75.0 84.5 50.0 11 JUL 9:00:03 0:15 h:m 0 0 0 L02 = 67.5 L08 = 65.5 L25 = 61.0 L50 = 58.5 61.5 91.0 81.0 90.5 50.0 1! JUL 9:15:03 0:15 h:m 0 0 0 L02 = 69.0 L08 = 64.5 L25 = 61.0 L50 = 58.5 59.0 88.5 70.5 80.5 49.5 1! JUL 9:30:03 0:15 h:m 0 0 0 LO2 = 65.5 LO8 = 63.0 L25 = 59.5 L50 = 57.0 . 59.5 89.0 72.5 84.0 48..5 !! JUL ' 9:45:03 0:15 h:m 0 0 0 L02 = 66.5 L08 = 63.5 L25 = 60.0 L50 = 57.0 77 78 79 61.5 91.0 75.0 87.0 50.5 !I JUL L02 = 71.0 L08 = 65.0 62.5 92.0 75.0 87.0 51.0 1! JUL L02 = 71.5 L08 = 68.0 63.5 93.0 78.5 90.0 50.5 11 JUL L02 = 72.5 "L08 = .68.5 80 58.5 88.0 73.5 85.0 49.5 11 JUL ~ LO2 = 64.5 LO8 = 62.0 10:00:03 0:15 h:m 0 0 0 L25 = 60.5 L50 = 57.5 10:15:03 0:15 h:m 0 0 0 L25 = 62.0 L50 = 58.5 10:30:03 0:15 h:m 0 0 0 L25 = 62.0 L50 = 58.0 10:45:03 0:15 h:m 0 0 0 L25 = 59.0 L50 = 56.5 82 83 84 60.0 89.5 75.5 86.0 49.5 11 JUL LO2 = 66.5 LO8 = 63.0 69.0 98.5 94.0 104.5 52.0 11 JUL LO2 = 76.5 LO8 = 68.0 11:00:03 0:15 h:m 0 0 0 L25 = 60.5 L50 = 57.5 11:15r03 0:15 h:m 0 0 0 L25 = 62.5 L50 = 59.0 61.0 90.5 75.5 87.0 49.0 !1 JUL 11:30:03 0:15 h:m 0 0 0 L02 = 70.0 L08 = 64.5 L25 = 60.5 L50 = 58.0 66.0 96.0 94.5 101.5 51.0 1! JUL 1t:45:'03 0:15 'h:m 0 0 0 L02 = 69.0 L08 = 63.5 L25 = 60.5 L50 = 58.5 85 86 87 88 61.0 90.5 74.0 91.0 50.5 11 JUL 12:00:03 0:15 h:m 0 0 0 L02 = 69.5 L08 = 64.0 L25 = 60.5 L50 = 58.0 61.5 91.0 78.5 88.0 51.5 !1 JUL 12:15:03 0:15 h:m 0 0 0 L02 = 68.5 L08 = 64.5 L25 = 61.5 L50 = 59.5 63.0 92.5 78.0 86.5 53.0 11 JUL 12:30:03 0:15 h:m 0 0 0 LO2 = 71.5 LO8 = 67.5 L25 = 62.5 LSO = 59.5 62.0 91.5 77.0 96.5 51.5 11 JUL 12:45:03 0:15 h:m 0 0 0 L02 = 70.0 L08 = 66.5 L25 = 62.0 L50 = 59.0 89 62.5 92.0 74.5 85.5 51.5 11 JUL 13:00:03 LO2 = 71.5 LO8 = 67.0 L25 = 90 60.5 90.0 75.5 82.5 50.0 !1 JUL 13:15:03 LO2 = 67.5 LO8 = 64.0 L25 = 0:15 h:m 0 0 0 62.0 L50 = 59.0 0:15 h:m 0 0 0 61.0 L50 = 58.5 91 59.5 89.0 71.0 89.5 49.5 11 JUL 13:30:03 0:15 h:m 0 0 0 92 60.5 90.5 74.5 87.5 52.0 11 JUL '"'" LO2 = 67.0 LO8 = 64.0 13: 45 · 03 0: 15 h.m 0 0 0 L25 = 61.0 L50 = 59.0 63.5 93.0 79.0 89.5 51.5 11 JUL LO2 = 72.0 LO8 = 67.5 94 63.0 93.0 76.0 85.5 52.0 tl JUL LO2 = 70.5 LO8 = 69.0 95 60.5 90.0 74.0 84.5 53.0 11 JUL LO2 =' 67.0 LO8 = 64.0 96 ' 61.0 90.5 72.5 86.5 52.0 il JUL '--" LO2 = 68.0 LO8 = 64.5 14:00:03 0:15 h:m 0 0 0 L25 = 62.5 L50 = 59.0 14:15:04 0:15 h:m 0 0 0 L25 = 62.5 L50 = 59.5 14:30:04 0:15 h:m 0 0 0 L25 = 60.5 L50 = 58.5 14:45:04 0:15 h:m 0 0 0 L25 = 61.5 L50 = 59.0 LARSON-DAVIS LABS MODEL 700 07/11/02 15:36:23 SN 700B2199 PAGE .98 72.0 98.0 103.0 123.0 51.5 i! JUL 15:15:05 0:06 h:m 0 0 0 L02 = 75.0 L08 = 64.0 L25 = 60.5 L50 = 58.5 Cnt LVL SEL Lmax Lpk Lmin Date Time Dur Ex Pk Ov 97 60.5 90.0 72.5 84.5 51.0 !1 JUL 15:00:05 0:15 h:m 0 0 0 L02 = 67.5 L08 = 63.5 L25 = 61.0 L50 = 58.5 ~GORDON BRICKEN & ASSOCIATES ACOUSTICAL and ENERGY ENGINEERS APPEND'iX 2 SPEAKERBOARD SPECIFICATIONS . 1621 East Seventeenth Street, Suite K Phone (714) 835-0249 Santa Aha, California 92705-8518 FAX (714) 835-1957 PHONE NO. : 818 9~E) 054? JUN. ~7 ~00~ ' ~.{ ,'... ..... ......... :..~.... ,' ~4'7 '4~E) 46./0 P.01/01 Information & Ceemmications Company "'"' *' ~''' ''~ "*" .... --: -----:=-- :; _ ..?....';-'. .....,~..: !..': '-':'~.. ,"~,..-, ~ _ ' · ,/"% ~':~:'%....i.; ':"'-"-;,.:,'/,,...,;.:?::: ,,'. ,, '"... --- · ; · :. ~, ,, ,* . · .: ,"., .~ · ,o I GOT AN II~-'ORI~TION FROM FACTI~y AS SHO'IIN (WX-C550) ~ 3. 3ft ~ ~ (~UND LEVEL METER) SU&~CT: ~xi~ SF'L of.4lX~lo~o - L (EX-C1010) ' (~-C1020) HF~DSL=T (WX-C1027) ~~_~~~.~T H~c 2. DIST~ ~ gPEAICER ~ E~JPIE]ff (~ ~ METER): 3. 3ft (t meter) 4. CONIIJ~I~Ti~ ilO~C: iXi~LEX -. , I. RI.EN TT,E NAXIffLN SIGNAL (~) iS APPLIED TO ~ (~I~,.N ,~q)lO OUTPUT tS~) fS cBspl' ~,T SPE.4XEit/I~-C550, 2. WH~ 11'E AVERAGE FLIIAN VOICE IS L~.EO TO T~E ~ li~~ f~jj~ s~xao P~E~ LEVEL ¢ilAXllUil .~UD~O OUTPUT LEVEL) IS '81o3spi - gScEspt' AT ~IWX'-C550. t~TE : L DI~T~ ~ S~,A~~50 t~D 'E~IP~ IS 3. 3ft (l ~ter). IF YOU HAVE ,N,aY OLESTI~' p~ 2. EVEN IF T~E WX-CI010A 15 SET TO 'SIMPLEX MODE', IIAXIItJM SOUND P~SSIJFiE LEVEL IS ~ ~ ~ ~ TO ~ PERF~ ~ WX-C:550. HOII~EVER, ~ AVE'RA~ ~ VOICE I~/LL I~ ~.S ~ AS T~T OF IlX-C510 S~TEK 3. .II~N TIE IrX-ClOlOA IS IN 'DUPtF_X IJO(~' AND TIE .- FOSITICW, iIAXIJlLII SIXJM) PR~ LEYEL WILL NOT CI~N~, BUT TTE A~RAGE I'UMAN VOIC~ gILL f'~ TO 5cB.(alcBspl - aSd~spl =~ 88cI8s~1 - 9OclBspl). TOTAL P. 8.1. Ultraplex System System Componen~ · The I;ghtweighl Ultrapiex Headset is .flexible for comfortable positioning and Incorporates a 0ynamic.speaKarl microphone with swivel extension con;1ructecl for c~urabiJity. OuaJJly sound made possible with eleotret 'condenser technology The Ultraplex Order Taker, one o( lhe sma,est enc~ li~htesl in the industry, Is comfortable to wear and use for exlended periocls or time. ' Multi-function LED indiGator~ ~early show status of many functions, including power, talk.lock feat~e act;vmion, ~el/-(e~t m~es. .~d channe~ "A' or "6" dual-Jane o~retlon. ' Aud;ble an0 visible iow battery indicators died wearer to ba{tery recharge needs. * I;a~y access nylon and velcTo' clip-on casa and one.button battery eject alk:~w for quick battery change. With the variable power draw anc/sleep mode of the omar taker. Ultraplex Batteries are ctesigned for up Io 1,5 hours of I:)aHery opes{ion per charge. ' Battery Smart Charger, w~lh charger lime of 5 hour; or les;. provide; up ~o 1~O00 c, harge,; pet 0artery. · Four-Por~ or GblgJ~-Port Charger, with built-in conditioner slot for extended battery '. r, fe, c3~ be mounted on a wall for space sav;ng~. Integration Opportunities Adc~ed value is realizeo when the PanasoniG Ulka01ex System interfaces with solulions providing enhanoed operalion$ flexibility. These inclu0e Panasonic Dr~ve-Thru Aulomated Greeter · Drive. Thru Timer~ · Gooseneck Microphone ' PO:5/CCTV Ouali/y Assurance A 4.Yam' warr=nty on the Center Module and 3~onl~ warranty ~ me Order Taker ~ t~ in,uaW ~ a~sunng ~amle wirel~s system com~n~aU~s. These m~d out ~e many ~ne~ls you receive i~ your dear c~i~e of wireless systems - I~ UitrapJex Wireless Communical~n System from Panasonic. .Speed of Service ... Novae Reductio~ ... Employee Efficiency/Pn'/41ucrlvity ... T,,,~;,~,~,; ... Mon/torlng Performance .,. Pane.tonic UIb'aplez Communicalion Sy.tie/n ! APPEL COMPANY Van Nuys Ca~&) 7&6-7799 Cos~ nes~ (9~4) www. appelcomp~ny .cee ~n~e~Hsa ~ergy ~oluUon~ f~ Panaeoni¢ reDreeenl the t~nsa~ion~ an~ info~albn managemenl m~e~ maxim~e ~roF~bJlity. T~s in~udes s~andmm~-ha.e~ cnlm toueh~zeen hBr~are ~l&~s J~flng ~ appl~Uon ex~rience o~ (hausands of insla~tionQ world.de, The r~ge ~ Paneaoni: ~J~bn~ incluae~ built ~OS hm~w~m a~ ~o~are, drive.lhru wireless com~un~aUon, kitten prepmmtion, end ~a~on ~urity ~y~tem ~onta~ your Panasonic representative today f~r your ~hoi~e.jn PO~ and Wirele~ System ~oluUon~t ULTRAPLEXCUT I G4gl / 20/4' , ~,~l · nrrc~ s~'r~, ~HON~ N~, : ~ ~ 054? 3UN, ~? ~02 12:00PM P5 Ultraplex" System .~ys~em Cemponents The ~ightweighI Ulbaplex Hfldse( is IlexJble for c~fo~ble ~lioni~ and incorporates a dynamic s~e~ker/ m~oDhone ~lh swNel ex[ension conslrucled for dumbili~, Ouatity made ~ssible ~th ele~mt con~enser technology. The Ulffap~ O~er Taker. ~e of the smalle~ and ~gnlest tn ~mfo~eble" {o wear ,"d use f~ extended ~r~s of ttma. * M~ti,f~djon ~D ~tca~m ~early s~w 'sta~s of many lU~=nS. ~ud~g.~wer: laE:~ ~alure a~iVatt°n, Self-test modes. and. ~an~l 'A%Or ' AuriCle a~ viSlb~ ~ baae~ ind~ie~ Nan wearer to ba~e~ r~rging ~eds. ~se a~ oAg-b~n ~ui~ balM~ c~nge. with Iho variable· ~or d~w a~d ~dQ:or [hO order ~keC Ul~pfex ' h~ries are d~d ~r Up.~ O~ of; ~ o~ I°~. prov~o~ u ' Fo'ur-Ro~ or single,pail Ch~r. bulii-in ~d~,~er ~let ~r ext~e~ life. ~n ~ ~ufltod '0n a waif ~ soace savi~. . . ~.,.; APPEL COMPANY Van NUy~ ('i~l) 7lb-7777 ' JnCe~'aUon Opportunities Added value is reelizecl when Ihs Panasonic Ullraplex Syslem ~uUo~ ~v~ing ennanced ~exl~il~ly. These ' Panasonic Drive-Th~ AutomateO ' D~ive-Thm Timers ' ~oseneck ' PO~ICC~ Quality A~surance ^ 4-Year warranty on the Center Moclule artu 30-Month warranty on I~m Oder Ta~ar lead the industry in assuring reliable wireless system Gomrnunicat~on6. These fauna out [he many benefits you receive i~ your dear choice of wireless systems, the Ultraplex Wireless Communication System from Panasonic. Enterprise SYnergy SoiUtior~ from Panasonic represent fha trense~fienal and ~lrormetion m~agement resources that help decision- makers maximize prol~tabil~: This includes s~andamls..baSed color touchScreen hardware platforms and software inc~moreting the ePl~lioetlo~ experience of thousands o1' installatk~s worldwide. The range of Panasonic soluU~s includes Ourl:~se- built POS hardware and sortware, drive-thru wireless communication, kitchen preparation, and transaction securely system Contact your Panasonic representative today for your choice in POS and Wireless System solutions! Panasonic P~a~onic infiarmati~ Gy&lom~ Company Buw~es~ Un~ of ~lsushi~ EIBc~c 1~7 N=~ aa~all Rd, EI~, Elgin. IL ~01Z3.7a~ . . . Ultraplex System www'pBn~e~ni~. ©om/p osD Panasonic Wireless, Communicallon The right c~mbineiion of sound tecllnoiogy and ex~rience ~lp make ~e Panasonl~ Ullraplex- vematile drive4hm solution for I~y en~ Ihe furze. Designed wl~ lull duplex technology~ the Ullrapiex SyStem aermtts eimultan~ communicaUon betwee~ your ~ew an0 Your cuslomers. Integration o~ A4vance~ Digital Noise Reduction (ADNR)', based on new le~no~gy devoted by Panas0nio, significantly r~uces annoytng background Wit~ ~ese sound advanlages, and reliable componen~ features, t~ Ul~aplax System Is ~eslgne~ Io h~p move cuslom~ through your lane- festf .. · OPERA'ONAL FEATURES -.. Offe'r;ng you solid fun~;iionahly t'or Standard drive-thru operations, the Panasonic Ultraplex Sykes includel; a licensed or license-fl'aa system choice, convenient, clynemic order taker units ancl coRt saving ballery management advantages. Optional nancl$-lree operation atl0ws the user to main~aln simultaneous communication with Customers While perton~ing multipte tasks. Operaling Range Stores that c~on't need an extended operating range benefit from tl~e iicensn-free ~00Mi4Z SyStem. Tt~e hi,.jher Power UHF System. while reaulrlng FCC Licensing, provides expancled communication area. An ol0erator may quickly change frmauency by selecting one 0~' 16 channels provided in either system, C:Jd Hdr..O:~l~ ~OB~ /..~. 'Nn_r' BIB : 'ON BNOHd Ah~ddt~33 "lBddU : La3~_-t SYSTEM 400 with the,Wireless LINC Wireless Drive-Thru Audio Cut the cord. And keep the controls where they belong Co~tro! lluffons areon the Belt-Pac--Not on the Head- .** for More Convenient and Comfortable Operation Lighte~t Neadset w~thout Cable Off~red to the QSR Market Ultra.Light i~lt Pacs with Newly Patented, High-Tech Buffons Compatible with Existing System 400 ELECTRONICS, INC. Tile Wireless LINCTM (Lightweight integrated Network COMMUNICA'rOR~) is ;I durable, cal:lel¢~:s lleadset anti Communicator" bgh.pac combination. Bo~h lightweight compo~ats work together as a full-duplex radio u~i~ lo provide ~imuhmmuus Iwo. wuy ¢ommunic~tion ..vilh ddvfl-d~ru cuslomcz~ or olher cr~w l~lelllbers. HME keeps the controls where they should be, on the Cmnmunicatora belt-pac ..for opfim-m operator convenience and comfort. Test fo.,italia ~lc~w that drivg4hm e~llployees can better opcralc the control buttons when ~ey an: Located on (he bclc-pac rather than On the hnad. Execs fatigue and potential a'm sa'sin mum pizvalent when a per~n must mi~e the am1 above shoulder level numerou~ times to reach lhe controls ot~ Weighing mm'e. ly four ounce,:, the Wireleg:~ LINC'" Headset is the ligi:te.sr heMset withnm m:ble syllable in thc QSR marke~ today. The ~ott foam cushion over {i~ ear tna~ex the He. set comMnuble wear fur long ~riods of lim~. Funhc~ore, thc adjtlstable, stainle$~ s~eel slide on the Hcadsel provides a snug tit on =y u~'s head. SYSTEM 400 Drive-Thru Audio Cmn'chiChi Opm'arian The Wireless LINO~ fita t~m~- ly m~d com[m~b]y, ailow~g ~m ~asy, convenient accms to fl~e corm-al buttot~ l~d on ~e ~lt-pac. U~ ~m ~ily ~:~ ard fed c~ movc fl~W m~¢c while providing qtali~ yet s~edy ~twice. I)ut':JLHlity .--Thc System 400 with the Wireless LINC'"" is built to last. The newly patented, high-seth burtons on the belt-pae allow over a million activations! Our llextble, lightweight headset provides quality sound a9 well ns st~m'im' comfort. System Compo~.ents Optional Communicators' · COM4OOIIP (stmd.rd Communlcato~ belt-pat wi~i coiled e' COIVl4GOCC (n~w G,IIo4,Com} ClenrSomtd 3 ~ O~dy HME offers ti'ds tl~'d-genemtion, patented noise canceflafion system featuring digital signal proce.~sing and enhanced acoustics for better sound clarity than you eves' thought possible, in fact, ClearSotmd 3 has been proven to significantly improve order accuracy and speed-o f-ser,,ice. Message Repeater -- With this incredible built h~ sales tool available only from H. ME, you can J~ecord a message fl~at aummadcalty plays To ail customers d'te instant ~hey drive up to the menu board. Or, whm~ [nm'faced with HME's .System 30 timm; this feature can make positive or negative goal-n'iggered verbal reinforcement to the crew via fire headsets or grill speaker. System 400 with Wireless l. tHC'" pt'arlEen' comJbrtable ope/'.tiott Specifications SYSTElt/I 400 Wireless LINCTM Headset IB. Etallery Typo t.2 Volt' NiMH techargaable .siteff Li~e U:~ iD 6 ~ou~ .......... ' · [/~l.~hi-- ................ '3'.~-b~'. t,l~i~i'W]iHOut battery Cortttota Pt]war Wireless LINC'" COMMUNICATOR* Belt-Pac Transmit IRanl~e LJ~ to 650' (198.12m) line O~rati.na, l.~u~ncy ..... 4~;S. to 4';0 ,.:..a?~._~.. ~_vo. ~c, ,.~.__,~ _.-m...' ~~.~-',/,*"' nauery L~ U~ to 9 ~xs ~- .' Olmensto.s 3.7'1t x :I.7'W x 1.,~'D (86 x 114 X aOrr~n) ' Weighl 10 or. 1.2B kg) including ballery Cont~ois Touch P,~wm, Volume Arrows, Lane s,lectar "0% C.'sannels 'A' arK/'1~' D,mbColo~ LED provides syslem status Sndk;ator BASE STATION Dimensions 8.2'H x 14.2"W x 3.5'D (E06 n 361 x 8gram) Weight 5.5 lbs (2.40k9) maximum Sy$1em 400 complies wilh Parts ~$ and 90 ol lhe FCC rules. For more information -- or to place an order- call (800) 8484468 today. 6675 Mesa Ridge Road · San Diegu, CA 92121 · www. hme.cmn · ($00) 848-44681 Fax: (858)552-0139 ,.. IntrodUcing the 3M'" Wireless ' The. N, ext Wireless ' No.Wires, No Worry ~:'Th'e new .3M"' Wireiess Headset Intercom Model C1060 is the latest add/don in our continuing commitment 1o provide innovative communicatiOnS, solutions for:yOU, Its Patented' ' inn°Vative, spac'e-age:CieSlgn will keep your employees comfortable and productive while giving your customers clear communication with your restaurant. And we've made it easy for you to upgrade your system--it's completely compatible with our existing 3M'" Wireless Intercom Systems, models C960, C860 and C760. Comfort * Self-contained headset intercom Js the smallest available on the.market todaY. Weighing approximately four ounces, it's easy and comfortable for your emPloYees to Wear. Rotating wedge ear cushion is infinitely adjustable to any ear shape. Headset is more evenly balanced for comfort. Dur bi[ · Sealed membrane switches help keep dirt and grease out, so you'll 'have fewer sO'iCe calls. Microphone grilie is cleanabl~aliowi~ you to maintain, optimized sound quality. ' , Flexible microphone .boom will.bend, but.is designed to resist, break!ng.. ... , Hardened stainless stbel.padde~ wOn't.break Or rust..'. -.=.. , .' .. .' ; ,.' , , . · :,;,..,,.,:',~,,,:' ,. ·:,' . ..~ .... ~.,..',... . ... . ;'.. · .:,,.~.. , ...... ..,.. ~,...;~ · · ,. '". ~ r' ,, ,-., ~ ,. ', . · , . ·Infrared. pr0g'm'mmidg JinK n~eahs no wires to break Or IoSb, n6 bent connector pins, no'wo'rries. · ; · Lightweight lithium-ion battery provides up to ten hours of power. ' B/rcOjOr LED indicator lets you know it's on" and what mode. it's in. · No FOC license required. · Noise ~ceiing microphone won't let most restaurant Sounds filter through to your customers, ProductW · Hands-free Operation lets your emtgJoyees do multiple tasks.. · Self-contained design allows quick change,out between employees--there are nO belts to adjust or wires to hook up. ' Dual-lane support helps you adjust staffing needs, a.ccording to store volume. ",Sta~e-o¢-the-a'rt re<;harg~ble battery technology pmvide~ consistent usage time,-ba~tery memory effect won't . decrease usable Operating 'time. ,. ; ., · ,. · .., · · · · ' ;" " :'- · , b-.,jl.":',T"',J.~ .j..,;'~::!-.' "..,, ~" ,~;,",'-, ...!.. .... ',..., ,,,.. '" .~, .~::~:¢,;,, · 2502 $. Figueroa Street Los Angeles, CA 90007 213.747.2994 ~;923.SDTT 213.?~'?'-291Z fax ORDER FORM ~, ~ .~ DATE 06~27~2002 CUSTOMER ~ SALES PERSON~B ~FICY SOLD TO~RMER BOYS cO.ACT K~NNY DEWAN, · ORDER # ~ oRDER # ____.------.-- GORDON BRICKEN & ASSOCIATES ACOUSTICAL and ENERGY ENGINEERS APPENDIX 3 DRIVEWAY L5 0 CALCULATIONS · 1621 East Seventeenth Street, Suite K Phone (714) 835-0249 Santa Aha, California 92705-8518 FAX (714) 835-1957 STREET NAME SITE TYPE : FARMER BOYS : NORTH DRIVEWAY : HARD INPUT DATA AUTO METK HVTK SPEED :.. ! 5 % VOLUME: 100 VOLUME = 50 HVY TRK GRADtENT = 0 DBA AUTO MED.TRK. HVY.TRK. TOTAL 15 0 NOISE LEVEL 36.3 -5.0 -5~0 36.3 15 0 L50 AT SPECIFIED DISTANCES DISTANCE LEQ 50 75 100 125 150 175 20O 25O 300 35O 40O 45O 50O 55O 600 650 700 750 8OO !000 36.3 34.5 33.3 32 3. 31 5 30 8 303 29 3 28 5 27 8 27 2 26 7 26 3 25 9 25 5 25 1 24 8 24 5 24 2 23.3 (/~-~~GORDON BRICKEN & ASSOCIATES ACOUSTICAL and ENERGY ENGINEERS APPENDIX · WALL CALCULATIONS 1621 East Seventeenth Street, Suite K Phone (714) 835-0249 Santa Aha, California 92705-8518 FAX (714) 835-1957 ' BARRIER NOISE REDUCTION A/qALYSIS,WALL HEIGHT VARIABLE REFERENCE VEHICLE LEVELS AT 50 FEET SOURCE ....... = 60 PROJECT ...... FARMER BOYS DESCRIPTION..PARKING SOURCE HEIGHT .......... 0 SOURCE ELEVATION ....... 0 RECEIVER ELEVATION ..... 0 BARRIER ELEVATION ...... 0 RECEIVER HEIGHT ........ 5 DISTANCE. TO SOURCE ..... 3 DISTANCE'T0 RECEIVER..i 5 NOISE LEVEL ............ 75.9 WALL HEIGHT TNL TIL 6.00 61.24 61.24 14.68 FN 2.3726 6.10 61,07 61.07 14.85 FN 2.4827 6.20 60.91 60.91 15.01 FN 2.5950 6.30 60.75 60.75 15.17 FN 2.7094 6.40 60.59 60.59 15.32 FN 2.8258 6.50 60.44 60.44 15.47 FN,. 2.9443 6,6~ 50.30 60.30 15,62 FN 3. 0649 6.70 60.15 60.15 15.77 FN 3.1873 6.80... 60.01 60.01 15.91 FN 3.3117 6.90 59.87 59.87 16.04 FN 3.4380 7.00 59.74 59.74 16.18 FN 3.5662 BARRIER NOISE REDUCTION ANALYSIS,WALL HEIGHT VARIABLE REFERENCE VEHICLE LEVELS AT 50 FEET SOURCE ....... = 60 PROJECT ...... FARMER BOYS DESCRIPT!ON..PARKING SOURCE HEIGHT .......... 0 SOURCE ELEVATION ....... 0 RECEIVER ELEVATION ..... 0 BARRIER ELEVATION ...... RECEIVER HEIGHT ........ 5 DISTANCE TO SOURCE ..... 3 DISTANCE TO RECEIVER .... i0 NOISE LEVEL ............ 71.7 WALL HEIGHT TNL 6.00 56.37 FN 2. 8289 6.10 56.25 FN 2 ,'9289 6.20 56.12 FN 3 . 0302 6.30 56.00 FN 3. 1327 6.40 55.88 FN 3. 2365 6.50 55.76 FN 3. 3415 6.60 55.65 FN 3. 4477 6.70 55.53 FN 3. 5552 6.80 55.4'2 FN 3,6638 6.90 55.31 FN 3. 7736 7.00 55.21 FN 3. 8845 56.37 15.33 56.25 15.45 56.12 15.58 56.00 15.70 55.88 15.82 55.76 15.94 55.65 16.06 55.53 16.17 55.42 16.28 5 5.3 1 .~6.~{~!:51~'9' 55.21 16.49 BARRIER NOISE REDUCTION ANALYSIS,WALL HEIGHT VARIABLE REFERENCE VEHICLE LEVELS AT 50 FEET SOURCE ....... = 60 PROJECT ...... FARMER BOYS DESCRIPTION..PARKING SOURCE HEIGHT .......... 0 SOURCE ELEVATION ....... 0 RECEIVER ELEVATION ..... 0 BARRIER ELEVATION ...... 0 RECEIVER HEIGHT ........ 5 DISTANCE TO SOURCE ..... 3 DISTANCE TO RECEIVER... 15 NOISE LEVEL ............ 68.9 WALL HEIGHT TNL TIL 6.00 53.26 FN 3.0591 6.10 53.14 FN 3.1557 6.20 53.03 FN 3.2532 6.30 52.92 FN 3.3516 6.40 52.82 FN 3.4510 6.50 52.71 FN 3.5513 6.60 52.61 FN 3.6524 6.70 52.50 FN 3.7545 6.80 52.40 FN 3.8575 ,~790 52.31 FN ; 3.9613 7.00 52.21 FN 4.0660 53.26 53.14 53.03 52.92 52.82 52.71 52.61 52.50 52.40 52.31 52.21 15.61 15.73 15.84 15.95 16.06 16.16 16 .27 16.37 16.47 16.57 16.66 BARRIER NOISE REDUCTION ANALYSIS,WALL HEIGHT VARIABLE REFERENCE VEHICLE LEVELS AT 50 FEET SOURCE ....... = 60 PROJECT ...... FARMER BOYS DESCRIPTION..PARKING SOURCE HEIGHT .......... 0 SOURCE ELEVATION ....... 0 .RECEIVER ELEVATION ..... 0 BARRIER ELEVATION ...... 0 RECEIVER HEIGHT ........ 5 DISTANCE TO SOURCE .... . 3 DISTANCE TO RECEIVER... 20 NOISE LEVEL ............ 66.7 WALL HEIGHT TNL TIL 6..00 50.97 50,97 15.77 FN 3.1951 6,10 50,86 50,86 15.88 FN 3.2899 6.20 50.76 50.76 15.99 FN 3.3855 6.'S'~0 50.65 50.65 16.0'9 FN 3.4819 6.:~0 50.55 50.55 16.1"9 FN 3.5790 6.f50 ... 50,45 50,45 16,29 FN 3,6769 6.60 50.35 50.35 16.39 FN 3.7755 6.70 50.26 50.26 16.49 FN ... 3.8749 6.80 50.17 50.17 16.58 FN 3.9750 6.90 50.07 50.07 16.67 FN 4.0758 7.00 49.98 49.98 16.76 FN 4.1773 BARRIER NOISE REDUCTION ANALYSIS,WALL HEIGHT VARIABLE REFERENCE VEHICLE LEVELS AT 50 FEET SOURCE ....... = ,60 PROJECT ...... FARMER BOYS DESCRIPTION..PARKING SOURCE HEIGHT .......... 0 SOURCE ELEVATION ....... 0 RECEIVER ELEVATION ..... 0 BARRIER ELEVATION ...... 0 RECEIVER HEIGHT ......... 5 DISTANCE TO SOURCE ..... 3 DISTANCE TO RECEIVER... 25 NOISE LEVEL ............ 65.0 WALL HEIGHT TNL TIL 6.00 49.16 FN 3.2844 6.10 49.06 FN 3.3781 6.20 48.95 FN 3. 4726 6.30 48.85 FN 3.5677 6.40 48.76 FN 3.6635 6.50 48.66 FN 3.7600 6.60 48.57 FN 3.8571 6.70 48.48 FN 3.9548 6.80 48.38 FN 4.0531 6.90 48.30 FN 4.1521 7.00 48.21 FN ~4.2517 49.16 15.88 49.06 15.98 48.95 16.08 48.85 16.18 48.76 16.28 48.66 16.37 48.57 16.47 48.48 16.56 48.38 16.65 48.30 16.74 48.21 16.83 BARRIER NOISE REDUCTION ANALYSIS,WALL HEIGHT VARIABLE REFERENCE VEHICLE LEVELS AT 50 FEET SOURCE ....... = 62 PROJECT ...... FARMER BOYS DESCRIPT!ON..SPEAKERBOARD SOURCE HEIGHT .......... 3 SOURCE ELEVATION ....... 0 RECEIVER ELEVATION ..... 0 BARRIER ELEVATION ...... 0 RECEIVER HEIGHT ........ 5 DISTANCE TO SOURCE. .... 40 DISTANCE TO RECEIVER... 5 NOISE LEVEL ............ 62.9 WALL HEIGHT TNL TIL 6.00 55.79 FN 0.1667 6.10 55.56 FN 0.1948 6.20 55.32 FN 0.2250 6.30 55.07 FN 0.2574 6.40 54.82 FN 0.2918 6.50 54.56 FN 0.3282 6.60 54.30 FN 0.3666 6.70 54.04 FN 0.4070 6.80 53.78 FN 0.4493 6.90 53.52 FN 0.4936 7.00 53.27 FN 0.5398 55.79 7.13 55.56 7.35 55.32 7.59 55.07 7.84 54.82 8.10 54.56 8 .36 - 54.30 8.62 54.04 8.88 53.78 9.13 53.52 9.39 53.27 9.65 BARRIER NOISE REDUCTION ANALYSIS,WALL HEIGHT VARIABLE REFERENCE VEHICLE LEVELS AT 50 FEET SOURCE ....... = 62 PROJECT ...... FARMER BOYS DESCRIPTION..SPEAKERBOARD SOURCE HEIGHT .......... 3 SOURCE ELEVATION ....... 0 RECEIVER ELEVATION ..... 0 BARRIER ELEVATION ...... 0 RECEIVER HEIGHT ........ 5 DISTANCE TO SOURCE ..... 40 DISTANCE TO RECEIVER... 10 NOISE LEVEL ............ 62.0 WALL HE I GHT TNL TIL 6.00 55.24 FN 0.1219 6.10 55.09 FN 0.1399 · 6.20 54.93 FN 0.1592 6.30 54.77 FN 0.1797 6.40 54.59 FN 0.2014 6.50 54.41 FN 0.2243 6.60 54.23 FN 0.2484 6.70 54.03 FN ~ 0.2738 6.80 53.84 FN 0.3003 6.90 53.65 FN 0.3281 7.00 53.45 FN 0.3570 55.24 55.09 54.93 54.77 54.59 54 ..41 54.23 54. O3 ... 53.84 53.65 53.45 6.76 6.91 7.07 7.23 7.41 7.59 7.77 7.97 8.16 8.35 8.55 BARRIER NOISE REDUCTION ANALYSIS,WALL HEIGHT VARIABLE REFERENCE VEHICLE LEVELS AT 50 FEET SOURCE ....... = 62 PROJECT ...... FARMER BOYS DESCRIPTION..SPEAKERBOARD SOURCE HEIGHT .......... 3 SOURCE ELEVATION ....... 0 RECEIVER ELEVATION ..... 0 BARRIER ELEVATION ...... 0 RECEIVER HEIGHT ........ 5 DISTANCE TO SOURCE ..... 40 DISTANCE TO RECEIVER... 15 NOISE LEVEL ............ 6!.2 WALL HEIGHT TNL TIL 6.00 54.51 54.51 8.66 FN 0.1089 .6.10 54.40 54.40 6.78 FN 0.1235 6.20 54.27 54.27 6.90 FN 0.1390 6.30 54.14 54.14 7.03 FN 0.1553 6.40 54.00 54.00 7.18 FN 0.1726 6.50 53.85 53.85 7..32 FN 0.1908 6.60 53.70 53.70 7.48 FN 0.2099 6.70 53.54 53.54 7.63 FN 0...2299 .,. 6.80 53.38 53.38 7.79 FN 0.2508 6.90 53.22 53.22 7.96 FN 0.2726 7.00 53.05 53.05 8.12 FN 0.2953 BARRIER NOISE REDUCTION ANALYSIS,WALL HEIGHT VARIABLE REFERENCE VEHICLE LEVELS AT 50 FEET SOURCE ....... = 62 PROJECT ...... FARMER BOYS DESCRIPTION..SPEAKERBOARD SOURCE HEIGHT .......... 3 SOURCE ELEVATION ....... 0 RECEIVER ELEVATION ..... 0 BARRIER ELEVATION ...... 0 RECEIVER HEIGHT ........ 5 DISTANCE TO SOURCE ..... 40 DISTANCE TO RECEIVER... 20 NOISE LEVEL ....... ' ..... 60.4 WALL HEIGHT TNL TIL 6.00 53.79 53.79 6.62 FN 0.1036 6.10 53.70 53.70 6.72 FN 0.1164 6.20 53.59 53.59 6.83 FN 0.1300 6.30 53.47 53.47 6.94 FN 0.1443 6.40 53.35 53.35 7.07 FN 0.1594 -6.50 53.22 53.22 7.20 FN 0.1752 6.60 53.09 53.09 7.33 FN 0.1917 6.70 52.95 52.95 7.47 PN 0.2090 6.80 52.81 52.81 7.61 FN 0.2270 6.90 52.66 52.66 7.75 FN 0.2458 7.00 52.51 52.51 7.90 FN 0.2653 BARRIER NOISE REDUCTION ANALYSIS, WALL HEIGHT VARIABLE REFERENCE VEHICLE LEVELS AT 50 FEET SOURCE ....... = 62 PROJECT ...... FARMER BOYS DESCRIPTION..SPEAKERBOARD SOURCE HEIGHT .......... 3 SOURCE ELEVATION ....... 0 RECEIVER ELEVATION ...... 0 BARRIER ELEVATION ...... 0 RECEIVER HEIGHT ........ 5 DISTANCE TO SOURCE ..... 40 DISTANCE TO RECEIVER... 25 NOISE LEVEL ............ 59.7 WALL HEIGHT TNL TIL 6.00 53.12 FN 0. 1012 6.10 53.03 FN 0. 1129 6.20 52.93 FN 0.1254 6.30 52.82 FN 0. 1384 6.40 52.71 FN 0. 1521 6.50 52.60 FN 0 *. 1665 6.60 52.47 FN 0. 1815 6.70 52.35 FN 0. 1972 6.80 52.22 FN 0. 2135 6.90 52.09 FN 0. 2304 7.00 51.95 FN 0.2480 53.12 6.60 53.03 6.69 52.93 6.79 52.82 6.90 52.71 7.01 52.60 7.13 52.47 7.25 52.35 7.37 52.22 7.50 52 . 09 7 . 64 51.95 7.77 BARRIER NOISE REDUCTION ANALYSIS,WALL HEIGHT VARIABLE REFERENCE VEHICLE LEVELS AT 50 FEET SOURCE ....... = 68 PROJECT ...... FARMER BOYS DESCRIPTION..DRIVEWAY AUTOS SOURCE HEIGHT .......... 0 SOURCE ELEVATION ....... 0 · RECEIVER ELEVATION..;.. 0 BARRIER ELEVATION ...... 0 RECEIVER HEIGHT ........ 5 DISTANCE TO SOURCE ..... 24 DISTANCE TO RECEIVER... 5 NOISE LEVEL ............ 72.7 WALL HEIGHT TNL TIL 6.00 63.84 FN 0. 4094 6.10 63.57 FN 0. 4543 6.20 63.30 FN 0. 5015 6.30 63.03 FN 0. 5510 6.40 62.76 FN 0. 6026 6.50 62.50 FN O. 6564 6.60 62.25 FN 0. 7123 6.70 62.00 FN 0. 7703 6.80 61.75 FN 0. 8304 6.90 61.51 FN 0. 8925 7.00 61.28 FN 0. 9567 63.84 63.57 63.30 63.03 62.76 62.50 62 .25 62.00 .,' 61.75 61.51 61~28 8.89 9.16 9.44 9.70 9.97 10.23 !0.48 10.73 10.98 !1. ,22 11.45 BARRIER NOISE REDUCTION ANALYSIS,WALL HEIGHT VARIABLE REFERENCE VEHICLE LEVELS AT 50 FEET SOURCE ....... = 68 PROJECT ...... FA3%MER BOYS DESCRIPTION..DRIVEWAY AUTOS SOURCE HEIGHT .......... 0 SOURCE ELEVATION ....... 0 RECEIVER ELEVATION..... 0' BARRIER ELEVATION ...... 0 RECEIVER HEIGHT ........ 5 DISTANCE TO SOURCE ..... 24 DISTANCE TO RECEIVER... 10 NOISE LEVEL ............ 71.3 WALL HEIGHT TNL TIL 6.00 62.38 FN 0.4223 6.10 62.17 FN 0.4571 6.20 61.96 FN 0. 4934 6.30 61.75 FN 0.5309 6.40 61.55 FN 0.5699 6.50 61.34 ,. FN ' 0.6102 6.60 61.14 FN 0.6518 6.70 60.94 FN 0.6947 6.80 60.75 FN 0.7390 6.90 60.56 FN 0.7846 7.00 60.37 FN 0.8316 62.38 8 .97 62.17 9.18 61.96 9.39 61.75 9.60 61.55 9.80 61.34 10.0! 61.14 10.21 60.94 !0.41 60.75 10.60 60.56 10.79 60.37 10.98 BARRIER NOISE REDUCTION ANALYSIS,WALL HEIGHT VARIABLE REFERENCE VEHICLE LEVELS AT 50 FEET SOURCE ....... = 68 PROJECT ...... FARMER BOYS DESCRIPTION..DRIVEWAY AUTOS SOURCE HEIGHT .......... 0 SOURCE ELEVATION ....... 0 RECEIVER ELEVATION..~.. 0' BARRIER ELEVATION ...... 0 RECEIVER HEIGHT ........ 5 DISTANCE TO SOLTRCE ..... 24 DISTANCE TO RECEIVER... 15 NOISE LEVEL ............ 70.2 WALL HEIGHT TNL TIL 6.00 61.01 FN 0.4521 6.10 60.82 FN 0. 4835 6.20 60.64 FN 0.5159 6.30 60.46 FN 0. 5494 6.40 60.28 FN 0. 5839 6.50 60.11 ., FN ' 0.6195 6.60 59.93 FN 0.6560 6.70 59.76 FN 0.6937 .., 6.80 59.59 FN 0.7323 6.90 59.42 FN 0.7720 7.00 59.25 FN 0.8127 61.01 9.15 60.82 9.33 60.64 9'. 52 60.46 9.70 60.28 9.88 60.11 10.05 59.93 10.23 59.76 10.40 59.59 10.57 59.42 10.74 59 25 10.91 BARRIER NOISE REDUCTION ANALYSIS,WALL HEIGHT VARIABLE REFERENCE VEHICLE LEVELS AT 50 FEET SOURCE ....... = 68 PROJECT ...... FARMER BOYS DESCR!PTION..DRIVEWAY AUTOS SOURCE HEIGHT .......... 0 SOURCE ELEVATION ....... 0 RECEIVER ELEVATION ..... 0 BARRIER ELEVATION ...... 0 RECEIVER HEIGHT ........ 5 DISTANCE TO SOURCE ..... 24 DISTANCE TO RECEIVER... 20 NOISE LEVEL ...... . ...... 69.1 WALL HEIGHT TNL TIL ~.00 59.80 59.80 9.31 FN 0.4797 6.10 59.63 59.63 9.48 FN 0.5094 6.20 59.46 59.46 9.65 FN 0.5399 6.30 59.30 59.30 9.81 FN 0.5713 6.40 59.14 59.14 9.97 FN 0.6036 6.50 58.97 58.97 10.14 FN 0.6368 6.60 58.81 58.81 10.30 FN 0.6708 6.70 58.65 58.65 10.46 FN 0.7057 6.80 58.50 58.50. 10.61 FN 0.7415 6.90. 58.34 58.34 10.77 FN 0.7781 7.00 58.19 58.19 10.92 FN 0.8156 BARRIER NOISE REDUCTION ANALYSIS,WALL HEIGHT VARIABLE REFERENCE VEHICLE LEVELS AT 50 FEET SOURCE ....... = 68 PROJECT ...... FARMER BOYS DESCRiPTION..DR!VEWAY AUTOS SOURCE HEIGHT .......... 0 SOURCE ELEVATION ....... 0 RECEIVER'ELEVATION ..... 0 BARRIER ELEVATION ...... 0 RECEIVER HEIGHT ......... 5 DISTA-MCE TO SOURCE ..... 24 DISTANCE TO RECEIVER... 25 NOISE LEVEL ............ 68.2 WALL HEIGHT TNL TIL 6.00 58.73 58.73 9.45 FN 0.5034 6.10 58.57 58.57, 9.60 FN 0.5320 6.20 58.42 58.42 9.76 FN 0.5614 6.30 58.26 58.26 9.91 FN 0.5916 6,40 58.11 58.11 10.07 FN 0.6225 6.50 57.96 .57.96 10.22 .- FN 0.6542 6.60 57,81 57.81 10.37 FN 0.6867 6.70 57.66 57.66 10.52 FN 0..7200 6.80 57.51 57.51 10.67 FN 0.7540 6.90 57.36 57.36 10.81 FN 0.7888 7,00 57.22 57.22 10.96 FN 0.8244 GORDON BRICKEN & ASSOCIATES ACOUSTICAL and ENERGY ENGINEERS APPENDIX 5 RS;AC S~tIELDING CALCULATIONS 1621 East Seventeenth Street, Suite K Phone (714) 835-0249 Santa Ana, California 92705-8518 FAX (714) 835-1957 " BARRIER NOISE REDUCTION ANALYSiS,WALL HEIGHT VARIABLE REFERENCE VEHICLE LEVELS AT 50 FEET SOURCE ....... = 62 PROJECT ...... FARMER BOYS DESCRIPTION..HVAC WITH SHIELDS SOURCE HEIGHT .......... 2 SOURCE ELEVATION ....... 15 RECEIVER ELEVATION ..... 0 BARRIER ELEVATION .... '.. 15 RECEIVER HEIGHT ........ 5 DISTANCE TO SOURCE ..... 5 DISTAIgCE TO RECEIVER... 77 NOISE LEVEL ............ 57.7 WALL HEIGHT TNL T I L 0.00 .57.70 FN 0.0000 1.00 57.70 FN 0.0000 2.00 51.76 FN 0.0559 3.00" 49.44 FN 0.3149 4.00 46.96 FN 0.7735 5.00 44.92 FN 1.4042 6.00 43,34 FN 2.1735 7.00 42.10 FN '" 3.0509 8.00 41.09 .. FN, 4.0115 57.70 0.00 57.70 0.00 51.76 5.94 49.44 8.26 46.96 10.75 44.92 12.78 43.34 14.36 42.10 15.60 41.09 16.61 BARRIER NOISE REDUCTIONANALYSIS,WALL HEIGHT VARIABLE -- REFERENCE VEHICLE LEVELS AT 50 FEET SOURCE ........ 62 PROJECT ...... FARMER BOYS DESCR!,PTION..HVAC WITH SHIELDS SOURCE HEIGHT .......... 2 SOURCE ELEVATION ....... 15 RECEIVER ELEVATION ..... '0 BARRIER ELEVATION ...... 15 RECEIVER HEIGHT ........ 5 DISTANCE TO SOURCE ..... 5 DISTANCE TO RECEIVER... 82 NOISE LEVEL ............ 57.2 WALL HEIGHT TNL TIL 0.00 57.19 FN 0.0000 1.00 57.19 FN 0.0000 2.00 51.35 FN _. 0.0496 3.00 49.04 FN 0.2990 4.00 46.55 FN 0.7474 5.00 44.50 FN 1.3671 6.00 42.91 FN 2.1249 7.00. 41.66 FN 2.9~99 8.00 40.64 FN 3.9377 57.19 57..19 51.35 49.04 46.55 44.50 42.91 41.66 0.00 0.00 5.84 8.15 10.64 12.69.. 14.28 15.53 16.55. BARRIER NOISE REDUCTION ANALYSIS,WALL HEIGHT VARIABLE REFERENCE VEHICLE LEVELS AT 50 FEET SOURCE ........ 6 2 PROJECT ...... FARMER BOYS DESCRIPTION..HVAC WITH SHIELDS SOURCe' HEIGHT .......... 2 SOURCE ELEVATION ....... 15 RECEIVER ELEVATION ..... 0 BARRIER ELEVATION ...... 15 RECEIVER HEIGHT ........ 5 DISTANCE TO SOURCE ..... 5 DISTANCE TO RECEIVER... 87 NOISE LEVEL ............ 56.7 WALL HEIGHT 0.00 56.70 FN 0.0000 1.00 56.70 FN 0.000'0 2.00 50.95 FN 0.0442 3.00 48.65 FN 0.2852 4.00 46.17 FN 0.7245 5.00 44.10 FN 1.3345 6.00 42.50 FN 2.0819 7.00 41.24 FN 2.9360 · 8.00 40.22 FN 3.8723 TNL TIL 56.70 0.00 56.70 0 .00 50..95 5.76 48.65 8.05 46.17 10.54 44.10 12.60 42.50 14.20 41.24 15.46 40.22 1'6.48 BARRIER NOISE REDUCTION ANALYSIS,WALL HEIGHT VARIABLE. REFERENCE VEHICLE LEVELS AT 50 FEET SOURCE ....... = 62 PROJECT ...... FARMER BOYS DESCRIPTION..HVAC WITH SHIELDS SOURCE HEIGHT .......... 2 SOURCE ELEVATION ....... 15 RECEIVER ELEVATION ..... 0 BARRIER ELEVATION ...... 15 RECEIVER HEIGHT ........ 5 DISTANCE TO SOURCE ..... 5 DISTANCE TO RECEIVER... 92 NOISE LEVEL ............ 56.2 WALL HEIGHT TNL TIL 0 FN 1 FN 2 FN 3 FN 4 FN 5 FN 6 FN 7 FN 8 FN .00 56.24 56.24 0.00 0.0000 00 56.24 56.24 0.00 0.0000 O0 50.56 50.56 5.68 · ' 0.0397 00 48.28 48.28 7.96 0.2731 00 45.79 45.79 10.45 0.7042 00 43.72 43.72 12.53 1.3055 00 42.11 42.11 14.14 2.0437 00 40.84 40.84 15.40 2.8880 .. O0 39.82 39.82 16.43 3.8139 BARRIER NOISE REDUCTION ANALYSIS,WALL HEIGHT VARIABLE REFERENCE VEHICLE LEVELS AT 50 FEET SOURCE ........ 62 PROJECT ...... FARMER BOYS DESCRIPTION..HVAC WITH SHIELDS SOURCE HEIGHT .......... 2 SOURCE ELEVATION ....... 15 RECEIVER ELEVATION-. .... 0 BARRIER ELEVATION ...... 15 RECEIVER HEIGHT ........ 5 DISTANCE TO SOURCE ..... 5 DISTANCE TO RECEIVER... 97 NOISE LEVEL ............ 55.8 WALL HEIGHT 0.00 55.81 FN 0.0000 !.00 55.81 FN 0.0000 2.00 50.19 FN 0.0359 3. 00 47.93 FN 0. 2625 4. 00 45.44 FN 0.6862 5.00 43.35 FN 1.2797 6.00 41.73 FN 2.0095 7.00~' 40.46 FN 2.8449 8.00 39.43 FN 3.7615 TNL 55.81 55.81 50.19 47.93 45.44 43.35 41.73 40.46 .. 39.43 TIL 0.00 0.00 5.62 7.88 i0.37 12 .45 14 .08 15.35 16.38 k oo - .f A-2, ATTACHMENT F Submitted AQMD Letter, Dated April 30, 2003 BSouth Coast Air Quality Management District 21865 E. Copley Drive, Diamond Bar, CA 91765-4182 (909) 396-Z000 · www.aqmd.gov Clearance Letter April 30, _00_~ CITY OF TUSTIN, COUNTY OF ORANGE BUILDING AND SAFETY DEPARTMENT SUBJECT: Building Permitting under California State Government Code 65850.2 This is to cmffirm that the facility listed below has met or is meeting the requirements of Section 42303 of the Health and Safety Code and the South Coast Air Quality Management District (AQMD), as of the above date, by fulfilling one of the following: t ' Applicant has permit(s) from the SCAQMD Applicant has filed for permit(s) with the SCAQMD ' Applicant. is exempt from permit requirements. X" Applicant has comp. lied with filing requiremems of R222 FACILITY NAME AND LOCATION: Farmer Boys Restaurant 171 E. First Street Tustin, CA 92780 EQUIPMENT: (1) Charbroiler Sincerely, P~iblic Affairs Representative, Business Assistance (909) 396-2744 ATTACHMENT G Resolution No. 3870 RESOLUTION NO. 3870 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 02-0018, AUTHORIZING CONSTRUCTION OF A 2,983 SQUARE FOOT RESTAURANT, WITH A DRIVE- THRU LANE AND OUTDOOR DINING AREA, AT THE PROPERTY LOCATED AT 171 E. FIRST STREET. The Planning Commission does hereby resolve as follows: The Planning Commission finds and determines as. follows: A. That a proper application, Conditional Use Permit 02-018 and Design Review 02-018, was filed by Bob Veriato, on behalf of Farmer Boys Restaurant, to construct a 2,983 square foot restaurant, with a drive-thru lane and outdoor dining area, on the northwest corner of Prospect Avenue and First 'Street. The property is located at 171 E. First Street and can be further described as Assessor Parcel Number 401-532-36. B. That the Planned Community Commercial/Business land use designation of the General Plan provides opportunities for a mix retail and commercial services. 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, That the proposed uses are allowed within the "Commercial" designation of the First Street Specific Plan with the approval of a Conditional Use Permit. D, In determining whether to approve the Conditional Use Permit, the Planning 'Commission must determine whether or not the proposed use will be detrimental to the health, safety, morals, comfort, and general welfare of the persons residing in or working in the neighborhood, or whether it will be injurious or detrimental to property or improvements in the vicinity, or to the welfare of the City. A decision to approve the project may be supported by the following findings: 1) The building location and site layout will comply with the established setbacks of the FSSP and with the FSSP Design Guidelines that encourage buildings to be placed close to First Street to "create a more appealing, active streetscape and to ensure privacy of Iow density residential areas" by: Resolution No. 3870 Page 2 2) 3) · Orienting the public entrances toward First Street; · Locating the parking areas to the rear of the building and linking the parking area to the building entrance with a walkway, enhanced paving, a trellis structure, and landscaping treatment; · Locating the patio near the intersection to promote the pedestrian experience and create a buffer fr°m the residences to the north; and, · Providing a thick, ten (10) foot landscape buffer along the northern property line to buffer residences. As proposed, no traffic impacts are anticipated since this project would generate 1,480 vehicle trips per day (ADT), and the maximum vehicle capacity of First Street is 37,500 vehicles per day and its current, volume .is 18~300 vehicles per day. The maximum vehicle capacity of Prospect Avenue is 25,000 vehicles per day and its current volume is 9,700 vehicles per day. The proposed six (6) vehicle drive-thru lane is adequate for the proposed restaurant as identified by the submitted queuing analysis, and additional design elements have been proposed and integrated into the site plan or conditions of approval to ensure as follows: · The north curb of the drive-thru lane entrance will be curVed to a point and will have a permanent feature, such as a light bollard, to encourage access only to vehicles using the First Street entrance; · A sign will be provided near the Prospect Avenue entrance directing southbound traffic on Prospect Avenue to use the First Street entrance for customers intending to use the drive-thru; and, · The Prospect Avenue entrance will maintain a minimum forty (40) foot driveway "throat" length from the Prospect Avenue right-of-way. In addition, the applicant will: 1) provide an estimate and post a bond to ensure removal of the drive-thru lane in the event the Farmer Boys use ceases and another drive-thru user cannot be accommodated on-site, 2) record covenants, conditions, and restrictions with the County Clerk-Recorder that describe the limitations associated with the future use of the drive-thru lane; and 3) provide notice to any future property owners or operators of the limitations asSociated with the future use of the drive-thru lane. Resolution No. 3870 Page 3 The proposed project, as conditioned, will comply with the Tustin Noise Ordinance and is not anticipated to create a significant noise impact on the surrounding area by: · Limiting all roo~op mechanical equipment to be selected to ensure the noise level shall not exceed sixty-five (65) decibels at ten (10) feet to ensure compliance with the City's Noise Ordinance; · The rooftop parapet will be a minimum five (5) feet high; The speaker board will be equipped with a iimiter; · The speaker board will maintain a minimum distance of eight-two (82) feet to the north property line; · A thick, ten (10) foot landscape buffer and a six (6) foot, eight (8) inch high wall will be provided along the northern property line to buffer residences; and, · The Acoustical Engineer will certify the final plans; and, · Requiring the applicant to pay for the City to conduct a noise analysis thirty (30) days after the issuance of a Certificate of Use and Occupancy to verify compliance with the City's Noise Ordinance, and be responsible for any necessary future monitoring and implementation of mitigation measures. The proposed project, as conditioned, is not anticipated to create a significant impact on the air quality in the surrounding area since the project complies with Section 42303 of the Health and Safety Code and the South Coast Air Quality Management District, and the applicant shall utilize Best Available Control Technology (BACT) on all cooking and · exhaust equipment in accordance with AQMD standards due to the property's proximity to residential properties. The proposed outdoor dining area, as conditioned, is not anticipated to create a negative impact on the surrounding area since: · The outdoor dining area will be located to the east of the building enclosed with a Iow planter wall and solid, six (6) foot high wall at the north end of the patio that matches the architecture of the building; · No outdoor music or public address will be permitted; · All exterior patio lighting will be completely contained with the patio area; · No alcoholic beverages will be served; Resolution No. 3870 Page 4 7) 8) · Trash receptacles will be provided in the outdoor dining area, and the dining area shall be cleaned on a continual, daily basis for removal of litter and food items; and, · The outdoor dining area may be reviewed annually~ .. Pursuant to the First Street Specific Plan and Section 9272 of the Tustin Municipal 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 making such findings, the Commission has considered at least the following items: 1. Height, bulk, and area of buildings. 2. Setbacks and site planning. 3. Exterior materials and colors. 4. Type and pitch of roofs. 5. Size and spacing of windows, doors, and other openings. 6. Towers, chimneys, roof structures, flagpoles, radio and television antennae. 7. Location, height, and standards of exterior illumination. 8. Landscaping, parking area design, and traffic circulation. 9. Location and appearance of equipment located outside an enclosed structure. 10. Location and method of refuSe storage. 11. Physical relationship of proposed structures to existing structures in the neighborhood. 12. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. 13. Proposed signage. 14. Development Guidelines and criteria as adopted by the City Council. As proposed, the building design will comply with the First Street Specific Plan and with the First Street Specific Plan Design Guidelines by integrating the following design elements: · Richness of surface and textures; · Equal void to solid building wall ratios; · Pitched roofs; · Vegetation integrated upon the building walls; · Roof overhangs; · Arches; · Off-white stucco walls; Resolution No. 3870 Page 5 9) 10) 11) 12) · Dark brown wood timber; · Dark green canvas awnings; · Decorative paving; and, · A tile roof. As conditioned, the proposed operating hours from 7:00 a.m. to 10:00 p.m., seven days a week, will be compatible with the surrounding properties and consistent with sensitive time periods established in the Noise Ordinance and General Plan NOise Element. The proposed project, as conditioned, will comply with the City's Landscaping and Irrigation Guidelines and the Parking Lot Design Guidelines and provide a significant visual buffer for residences to the north and to passing vehicles on Prospect Avenue by providing: · A thick, ten (10) foot landscape buffer and a six (6) foot, eight (8) inch high wall will be provided along the northern property line to buffer residences; A substantial landscape berm along Prospect Avenue be provided to screen the drive-thru lane; and, Vines and trellis shall be integrated in the south, west, and north building elevations, and vines shall be installed along the planter wall around the patio; The proposed project, as conditioned, is not anticipated to create negative light or glare on surrounding properties by: · . Seven (7), fifteen (15) foot high light standards will be installed more than thirty (30) feet from the north property line and four (4), ten (10) foot high standards will be installed between twenty (20) and thirty (30) feet from the north property line; and, ° A six (6) foot, eight (8)inch wall and ten (10) foot landscape buffer will be installed along the north property line, and glare shields will be mounted on all light standards to reduce spillover light levels to zero. As conditioned, the First Street entrance will be limited to right-turn in and right-turn out only by the applicant installing a "Right Turn Only" sign and a type "N-I" marker on the existing solid median in First Street to direct vehicles to safe vehicular movements; Resolution No. 3870 Page 6 E, 13) As conditioned, adequate on-site and off-site pedestrian facilities will be provided in that the sidewalk and driveway aprons on First Street and Prospect Avenue will be constructed to meet current Federal Americans with Disabilities Act (ADA) requirements. This project is Categorically Exempt pursuant to Section 15332, Class 32 of Title 14, Chapter 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Planning Commission hereby approves Conditional Use Permit 02-018 and Design Review 02-018, to construct a 2,983 square foot restaurant, with a drive-thru lane and outdoor dining area at 171 E. First Street, 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 12th day of May, 2003. ELIZABETH A. BINSACK Planning Commission Secretary LINDA C. JENNINGS Chairperson STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) i, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning' Commission Secretary of the City of Tustin, California; that Resolution No. 3870 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 12thday of May, 2003. ELIZABETH A. BINSACK Planning Commission Secretary (1) (i) GENERAL EXHIBIT A CONDITIONAL USE PERMIT 02-018 DESIGN REVIEW 02-018 CONDITIONS OF APPROVAL RESOLUTION NO. 3870 1.1 1.2 The proposed use shall substantially conform with the submitted plans for the project date stamped May 12, 2003, on file with the Community Development Department, except as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Director of Community Development may also approve minor modifications to plans during .plan check if such modifications are consistent with the provisions of the Tustin City Code and other applicable codes. 1.3 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with prior to the issuance of any building permits for the project, subject to review and approval by the Community Development Department. The subject project approval shall become null and void unless permits for the proposed project are issued and substantial construction is underway within twelve (12) months 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. Approval of Conditional Use Permit 02-018 and Design Review 02-018 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 "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. SOURCE CODES (2) (3) (4) STANDARD CONDITION (5) CEQA MITIGATION UNIFORM BUILDING CODE/S (6) DESIGN REVIEW (7) EXCEPTION RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY Resolution No. 3870 Page 2 (3) As a condition of approval, the applicant shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision-making body, including staff, concerning this project. The City agrees to promptly notify the applicant of any such claim or action filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in defense of any such action under this condition. 1.6 Conditional Use Permit 02-018 and Design Review 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. PLAN SUBMITTAL 2.1 At the time of building permit application, the plans shall comply with the most recently adopted codes and regulations, including, but not limited to, the 2001 California Building Code (CBC), 2001 California Mechanical Code (CMC), 2001 California Plumbing Codes (CPC), 2001 California Electrical Code (CEC), California Title 24 Accessibility Regulations, Title 24 Energy Regulations, and all other applicable City Ordinances, and State and Federal laws and regulations. 2.2 Building plan check submittal shall include the following: Seven (7) sets of construction plans, including drawings for mechanical, plumbing, and electrical. · Two (2) copies of structural calculations. · Two (2) copies of Title 24 energy calculations. · Elevations that include all proposed dimensions, materials, colors, finishes, and partial outlines of adjacent buildings on-site and off-site where applicable. · The location of any utility vents or other equipment shall be provided on the roof plan. · 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. All exterior lighting shall be designed and arranged as not to direct light or glare onto adjacent properties, including the adjacent Resolution No. 3870 Page 3 (3) 2.3 (3) 2.4 (3) 2.s streets. Wail-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) foot-candle of light coverage, in accordance with the City's Security Ordinance. A note shall be provided on the plans that "All parking areas shall be illuminated with a minimum of one (1) foot-candle of light, and lighting shall not produce light, glare, or have a negative impact on adjacent properties." Cross-section details showing the installation of the proposed rooftop equipment. Rooftop equipment shall be installed and maintained so as not to be visible from the public right-of-way. Should the proposed equipment be visible from the public right-of-way, the building parapet shall be an integral part of the building design and shall screen all roof- mounted equipment. All roof-mounted equipment and vents shall be a minimum of six (6) inches below the top of the parapet. An elevation showing rooftop equipment installation related to the height of the parapet and proposed equipment must be identified at plan check submittal. Note on plans that no field changes shall be made without prior approval from the Building Official and architect or engineer of record. The plans submitted shall indicate that restrooms are accessible to persons with disabilities as per State of California Accessibility Standards (Title 24). Plumbing fixture units are required to comply with the 1998 California Plumbing Code Chapter Four, Table 4-1, as per type of group occupancy, or as approved by the Building Official. 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. 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 precise soil report provided by a civil engineer and less than one (1) year old. Expanded information regarding the levels of hydrocarbons and ground water contamination found on-site shall be provided in the soil 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. · Drainage, vegetation, circulation, street sections, curbs, gutters, Resolution No. 3870 Page 4 (3) 2.6 (3) 2.7 (3) 2.8 (3) 2.9 (3) 2.10 sidewalks, and storm drains shall comply with the on-site Improvement Standards. Two (2) copies of Hydrology Report. Private The engineer of record must submit a final compaction report to the Building Division for review and approval prior to the issuance of a building permit. The engineer of record must submit a pad certification to the Building Division for review and approval prior to the issuance of a building permit. 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. Information shall be submitted 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. The applicant shall comply with the following conditions pertaining to the requirement for a Water Quality Management Plan: A. Prior to issuance of building permits, the applicant shall submit for approval by the Community Development and Public Works Departments, a Water Quality Management Plan (WQMP) specifically identifying Best Management Practices (BMPs) that will be used on-site to control predictable pollutant run-off. This WQMP shall identify the: structural and non-structural measures specified detailing implementation of BMPs whenever they are applicable to the project, the assignment of long-term maintenance responsibilities (specifying the developer, parcel owner, maintenance association, lessee, etc.); and, reference to the location(s) of structural BMPs. B. Prior to submittal of a WQMP, the applicant shall submit a deposit of $2,700.00 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 cost that exceeded the deposit prior to issuance of grading permits. Any unused portion of the deposit shall be refunded to the applicant. C. Prior to issuance of any permits, the property owner shall record a Notice of 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. Resolution No. 3870 Page 5 (3) 2.11 (3) 2.12 (3) 2.13 (1) 2.14 (1) 2.15 (***) 2.16 (1) 2.t7 D. The Community Development and Public Works Department shall determine whether any change in use requires an amendment to an approved WQMP. 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. 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 residence. 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. 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. The colors and materials for the exterior of the building shall be consistent with the following: Location ..Brand Stucco Dunn Edwards Tile US Tile Awnings Hemlock Tweed Trellis wood Color Common Color SP114 Whisper Off-white DeAnza Blend Terracota Sunbrella Dark Green OKON 126 treated, unfinished The applicant shall provide a conceptual sign plan for the project. The drawings shall identify all project signs (i.e. monument sign, wall signs, secondary signs, and directional signs) and provide conceptual information regarding the overall size, location, material, massing, colors, and design of the proposed signs. The applicant shall transition the twenty-eight (28) inch high planter wall around the patio to a curved, six (6) foot high wall along the north side of the patio to provide a buffer between the patio and the residential properties to the north. The applicant shall provide a solid six (6) foot, eight (8) inch high block wall along the north property line in accordance with the First Street Specific Plan. The applicant shall coordinate with the adjacent property Resolution No. 3870 Page 6 (1) 2.18 (1) 2.19 (1) 2.20 (1) 2.21 (4) 2.22 owners to the north of the site with'respect to construction of a common property line wall to avoid the need for two (2) walls in close proximity. The trash enclosure shall have a paint and stucco finish to match the main building. The applicant shall install glare shields on all light standards directing light downwards to prevent light spillover on to the adjacent properties. The north curb of the drive-thru lane entrance shall be curved to a point to encourage access only to vehicles using the First Street entrance. In addition, the tapered curb shall have a permanent feature, such as a light bollard, to further discourage entering the lane from Prospect Avenue. The plans submitted into plan check shall include details of the outdoor dining area furniture. All exterior treatments shall be consistent with the submitted color/material samples and noted on all construction plans and elevations submitted for Building Permit Plan Check, subject to review and approval by the Community Development Department at final inspection. A high quality of features, materials', and colors shall be used throughout the site to create a handcrafted building appearance, including using a smooth, trowel- finished stucco (or equivalent) on the building. ' (4) 2.23 (4) 2.24 Details of all exterior doors shall be provided on the construction plans. All ground, roof and wall-mounted mechanical and electrical fixtures and equipment shall be adequately and decoratively screened. The screen shall be integrated with the architectural design of the building. All telephone and electrical boxes shall be indicated on the building plans and shall be completely screened. (4) 2.25 No exterior down spouts or roof scuppers shall be permitted. Ali roof drains shall utilize interior piping, but may have exterior outlets at the base of buildings. ENGINEERING 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 is required to submit and obtain approval from the Public Works Department of a Project Recycling Plan. The Project Recycling Plan shall demonstrate recovery and recycling of at Resolution No. 3870 Page 7 least 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 the project; · Provide an estimate of the total amount of waste to be generated for the entire duration of the project; · Provide an estimate of the total amount of recyclable materials generated by the project, identified by recyclable material type; and · Identify waste hauler(s) to be utilized during the project. Note: 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 the project; · Demonstrate that no waste generated by the project will be sent directly to any landfill; · Prior to the issuance of a Notice of Completion or 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; · Prior to issuance of an occupancy 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 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 adequate physical space to accommodate all planned tenant recycling programs. (3) 3.2 3.3 Current Federal Americans with Disabilities Act (ADA) requirements shall be met at the drive aprons. The maximum cross slope of the sidewalk shall be two (2) percent and the maximum ramp slope of the drive apron shall be ten (10) percent. A separate 24"x 36" street improvement plan, as prepared by a California Registered Civil Engineer, will be required for all construction within the public right-of-way. Construction and/or replacement of any missing or Resolution No. 3870 Page 8 (1) 3.4 damaged public improvements will be required adjacent to this development. Said plan shall include, but not be limited to, the following: ko B. C. D. E. F. Curb and gutter; Sidewalk, including curb ramps for the physically disabled; Drive aprons; Domestic water facilities; .Sanitary sewer facilities; and, Landscape and irrigation. In addition, a 24"x 36" reproducible construction area traffic control plan, as prepared by a California Registered Traffic Engineer or Civil Engineer experienced in this type of plan preparation, will be required. Preparation of a sedimentation and erosion control plan for all work related to this development will be required. (1) 3.5 3.6 3.7 Preparation of plans for and construction of: A. Ali sanitary sewer facilities must be submitted as required by the City Engineer and local sewering agency. These facilities shall include a gravity flow system per the standards of Orange County Sanitation District No. 7. B, A domestic water system must be designed and installed to the standards of the City of Tustin Water Services Division. Improvement plans shall also be reviewed and approved by the Orange County Fire Authority for fire protection purposes. The adequacy and reliability of water system design and the distribution of fire hydrants will be evaluated. The water distribution system and appurtenances shall also conform to the applicable laws and adopted regulations enforced by the Orange County Health Department. Release/approval from East Orange County Water District shall be obtained prior to receiving water service. A complete hydrology study and hydraulic calculations shall be submitted for review and approval by the City. Preparation and submittal of a final grading plan showing all pertinent elevations as they pertain to the public right-of-way along with delineating the following information: A. Final street elevations at key locations. Bo Final pad/finished floor elevations and key elevations for all site grading. Ali pad elevations to be a minimum of 1.0 foot above base flood elevation as defined by FEMA. Resolution No. 3870 Page 9 (1) 3.8 (1) 3.9 (1) 3.10 Both horizontal and vertical intersection sight lines will need to be checked per County of Orange Public Facilities and Resources Department Standard No. 1117 for all affected streets. The site lines need to be shown on the grading plan and landscape plan. All landscaping within the limited use area will need to comply with County of Orange Public Facilities and Resources Department Standard No. 1117. Existing sewer, domestic water, reclaimed water, and storm drain service laterals shall be utilized whenever possible. Prior to any work in the public right-of-way, an Encroachment Permit must be obtained from and applicable fees paid to the Public Works Department. (1) 3.11 3.12 in addition to the normal full-size plan submittal process, all final development 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 are also required to be submitted to the Public Works Department/Engineering Division. in computer aided design and drafting (CADD) format. The standard file format is AutoCAD Release 13 or 14 having the extension DWG. Likewise, layering and linetype conventions are AutoCAD-based (latest version available upon request from the Engineering Division). In order to interchangeably utilize the data contained in the infrastructure mapping system, CADD drawings must be in AutoCAD "DWG" format (i.e. produced using AutoCAD or AutoCAD compatible CADD software). The most current version of AutoCAD is AutoCad 2000. Drawings created in AutoCAD Release 13 or Release 12 are compatible and acceptable. The CADD files shall be submitted to the City at the time the plans are approved and updated CADD files reflecting "as built" conditions shall be submitted once all construction has been completed. The subdivision bonds will not be released until the "as built" CADD files have been submitted. 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) 3.13 The applicant shall install a standard Caltrans "Right Turn Only" sign, designated "R41," at the Prospect Avenue driveway, and a standard "One Way Only" sign, designated "R10-1 ," and a type "N-I" marker in the raised median at First Street. Resolution No. 3870 Page 10 (***) 3.14 The applicant shall install a sign near the Prospect Avenue entrance indicating to southbound traffic on Prospect Avenue to use the First Street entrance for entering the drive-thru lane. The sign shall face north and shall be located as close to the Prospect Avenue entrance as possible. ORANGE COUNTY FIRE AUTHORITY (OOFA) If you need additional information, please contact Judy Hutain at (714) 744-0498 or i udyh utainC, ocfa.or.q. (5) 4.1 Prior to the issuance of any certificate of use and occupancy, all fire hydrants shall have a blue reflective pavement marker indicating the hydrant location on the street, as approved by the Fire Chief, and must be maintained in good condition by the property owner. Please contact the OCFA at (714) 744-0499 or visit the OCFA website for a copy of the "Guideline for Installation of Blue Dot Hydrant Markers." (5) 4.2 Prior to the issuance of any grading or building permits, the applicant shall provide evidence of adequate fire flow. The "Orange County Fire Authority Water Availability for Fire Protection" form shall be signed by the applicable water district and submitted to the Fire Chief for approval. If sufficient water to meet fire flow requirements is not available, an automatic fire extinguishing system may be required in each structure affected. (5) 4.3 Prior to the issuance of any building permits, the applicant shall submit plans and obtain approval from the Fire Chief for fire lanes on required fire access roads less than 36 feet in width. The plans shall indicate the locations of red curbs and signage and include a detail of the proposed signage including the height, stroke, and colors of the lettering and its contrasting background. Please contact the OCFA at (714) 744-0499 or visit the OCFA website to obtain a copy of the "Guidelines for Emergency Access Roadways and Fire Lane Requirements." (5) 4.4 Prior to the issuance of any certificate of use and occupancy, the fire lanes shall be installed in accordance with the approved fire lane plan. (5) 4.5 Prior to the issuance of a building permit for combustible construction, the builder shall submit a letter on company letterhead stating that water for fire-fighting purposes and all-weather fire protection access roads shall be in place and operational before any combustible material is placed on-site. Building permits will not be issued without OCFA approval obtained as a result of an on-site inspection. Please contact the OCFA at (714) 744- 0499 to obtain a copy of the standard combustible construction letter. Resolution No. 3870 Page 11 (5) 4.6 Prior to the issuance of a building permit, the applicant shall submit architectural plans for the review and approval of the Fire Chief as required per the "Orange County Fire Authority Plan Submittal Criteria Form." Please contact the OCFA at (714) 744-0499 for a copy of the Site/Architectural Notes to be placed on the plans prior to submittal. USE RESTRICITONS The applicant shall install a menu board with a lighted read-back display, or other alternative as a result of changes in technology to the satisfaction of the Community Development Director. If new displays become available that would reduce noise, the applicant shall install within thirty (30) days of being notified by the Community Development Department. 5.2 The menu board shall be orientated away from the residential properties along the north property line and shall be located a minimum of eighty-two (82) feet to be consistent with the noise study dated April 10, 2003, on file with the City. 5.3 During peak hours of operation, the applicant shall position an employee at the menu board, with a wireless microphone and headSet to take orders from vehicles in the drive-thru lane. Employees with or without wireless headsets may not take orders from any vehicle not in the drive-thru lane. 5.4 The drive-thru pick-up window shall be screened with a six (6) foot high trellis and solid landscaping to minimize noise impacts towards the northern properties. At a minimum, the trellis and landscaping shall be placed between the two (2) columns supporting the roof over the drive- thru lane. 5.5 The applicant shall utilize Best Available Control Technology on all cooking and exhaust equipment in accordance with Air Quality Management District (AQMD) standards due to the property's proximity to residential properties. 5.6 The operating hours shall be from 7:00 a.m. to 10:00 p.m., seven days a week. 5.7 if a traffic problem results from the proposed project or operational changes within the development, the applicant shall submit a traffic study prepared by a professional traffic engineer, and perform or install interim and permanent mitigation measures as a result. 5,8 Employees shall park in the northern parking stalls. Resolution No. 3870 Page 12 "No Loitering'' signs shall be posted in the parking lot and around the outdoor dining area. LANDSCAPING A complete landscape and irrigation plans that comply with the City of Tustin Landscape and Irrigation Guidelines Shall be submitted at plan check. (1) 6.2 An irrigation plan shall be provided which shows the location and control of backfiow 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) 6.3 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, support structures (trellis, etc.), trimming, mowing, 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. 6.4 The applicant shall install, and maintain, a ten (10) foot landscape buffer along the north property line in accordance with the Landscape Plan stamped approved on May 12, 2003. At a minimum, the landscaped area shall include: ten (10), thirty-six (36) inch "Carrot Wood" trees, thirty-six (36), five (5) gallon "Pink Powder Puff' shrubs, approximately thirty-seven (37) "Indian Hawthorne" shrubs, approximately eight (8) "Heavenly Bamboo" shrubs, "Gazania" groundcover, and nine (9), one (1)-gallon "Boston Ivy" vines on the perimeter wall. 6.5 The applicant shall install a landscape berm between the drive-thru lane and Prospect Avenue. The berm shall have a minimum two to one slope and be landscaped in accordance with the Landscape Plan stamped approved on May 12, 2003. NOISE (5) 7.1 Ail rooftop mechanical equipment shall have a sound rating equivalent to 8.5 Bels or less, or the equivalent sound pressure level of sixty-five (65) decibels or less at ten (10) feet. These ratings may be altered if it can be demonstrated that the combination of equipment does not yield a net Resolution No. 3870 Page 13 condition with the other sources of noise in excess of the City's requirements. The final plans shall be reviewed by the acoustical engineer. (5) 7.2 The rooftop parapet or equivalent shielding shall be a minimum five (5) feet 'high relative to the roof on the north and east side of the building. (5) 7.3 The speakerboard shall be equipped with a iimiter such that the maximum output with any input level will not exceed ninety (90) decibels at a distance of one (1) meter (3.3 feet), or the equivalent or any other distance. (5) 7.4 A minimum six (6) foot, eight (8) inch high wall relative to the site grade shall be constructed along the north property line the full width of the project site. (5) 7.5 The Acoustical Engineer shall certify the final plans. (5) 7.$ Prior to issuance of a Certificate of Occupancy, the applicant shall submit a $2,500 deposit with the City for the completion of a noise study evaluating the drive-thru operations and compliance with the City's Noise Ordinance. Within thir[y (30) days of issuance of a Certificate of Occupancy, the Community Development Director shall select a qualified noise consultant to prepare a noise analysis to demonstrate that the noise levels do not exceed the maximum noise levels allowed by the City's Noise Ordinance. The applicant shall be responsible for all costs associated with the preparation of the study, monitoring, and implementation of any mitigation measures to comply with the City's Noise Ordinance. OUTDOOR SEATING (7) 8.1 The applicant shall obtain all necessary approvals prior to selling alcoholic beverages on the property. (7) 8.2 Parking for the outdoor seating area shall be provided at a ratio of one (1) space for every three (3) seats. Any change in the number of outdoor seats shall be reflected in the total number of provided spaces, and the most currently approved number of patio occupants shall be clearly posted outside. (7) 8.3 The applicant shall provide trash receptacles in the outdoor dining area, and the dining area shall be cleaned on a continual, daily basis for removal of litter and food items. (7) 8.4 The proposed outdoor dining area shall be setback a minimum of five (5) feet from the south and east property lines along First Street and Prospect Avenue. Resolution No. 3870 Page 14 (7) (7) .. 8.6. FEES (c) (C) 9.2 No outdoor music or public address system shall be permitted. All exterior patio lighting shall be completely contained within the patio area. / 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 the applicant has not delivered to the Community Development Department the above-noted check, the statute of limitations for any interested par[y to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened. Prior to issuance of any permits, the applicant shall pay the following fees. Payments will be required based upon the rate in effect at the time of permit issuance and are subject to change. A. All applicable Building plan check and permit fees shall be paid to the Community Development Department. B. All applicable Grading plan check and permit fees shall be paid to the Community Development Department. C. Orange County Fire Authority plan check and inspection fees to the Community Development Department based upon the most current schedule. D. Payment of the Major Thoroughfare and Bridge Fees to the Tustin Public Works Department at the time a building permit is issued. The current fee is $3.30/sq.ft. of new floor area. E. Payment of the Orange County Sanitation District No. 7 Sewer Connection Fees at the time a building permit is issued. The current fee is $1.60/sq.ft. of new floor area. F. New development fees in the amount of $0.10/sq.ft... of new floor area to the Community Development Department. G. Transportation System Improvement Program (TSIP), Benefit Area "A" fees in the amount of $5.53/sq.ft.. of new floor area of construction to the Community Development Department. H. School facilities fee to the Tustin Unified School District subject to any agreement reached and executed between the District and the applicant. The current fee is $0.34/sq.ft. of new floor area. ATTACHMENT B Excerpts from May 12, 2003 Planning Commission Minutes Pontious Mr. Bennett Jennings Director Mr. Bennett Commissioners Mr. Bennett Jennings Amante Nielsen RNAdopted Resolution o. 3871 and esolution No. 3872, as amended in applied to retail merchants; such a constraint, Irticularly on Sunday when businesses are not typically open )Id Town, presents an undue burden. Sue open timefrarr that staff is not requiring the business necessarily be 'ing those hours; the applicant may present an optional to staff. Stated his oncern is not to be in a future dilemma if an agreement rs of operation cannot be reached. Suggested that maximum parame :afl will be reasonable; the hours stated are rs the business should be open. Noted these are the applicant. that were presented to staff by the Clarified the hours were resented as outside hours, not as limiting hours. Suggested several alternatives. Stated any specific limitation applicant wishes to remain open viable to do so. ,uld be unacceptable; the long as it is economically Indicated the condition should be left is; the applicant can go to the staff with requested modification staff's desire is for the establishment to be open and availab to visitors to Old Town. Suggested it is not the Commission's function hours of operation on given days; the hours of ope arranged with the staff. set specific can be Added that he supports the project as long as it is historical automobile museum retail business. It was moved by Amante to adopt Resolution No. 387: as amended, seconded by Pontious. Motion carried 5-0. o CONDITIONAL USE PERMIT 02-026 AND DESIGN REVIEW 02-032 REQUESTING: 1) AUTHORIZATION FOR SITE BUILDING DESIGN AND DEVELOPMENT OF A 22,208 SQUARE FEET Minutes- Planning Commission May 12, 2003- Page 7 COMMERCIAL CENTER AND A 75,491 SQUARE FOOT SELF STORAGE FACILITY; AND 2) AUTHORIZATION TO ESTABLISH RETAIL USE, RESTAURANT USES WITH A TOTAL OF 123 SEATS, A SELF-STORAGE FACILITY, AND A CARETAKER UNIT WITHIN THE INDUSTRIAL (M) ZONING DISTRICT. RECOMMENDATION' That the Planning Commission adopt: , Resolution No. 3871 adopting the Final Mitigated Negative Declaration for Design Review 02-032 and Conditional Use Permit 02-026 for development of a 22,208 square foot commercial center and 75,491 square foot self-storage facility; , Resolution No. 3872 approving Design Review 02-032 for site and architectural design of the project; and Conditional Use Permit 02-026 to establish retail uses, restaurant uses with up to 123 seats, and a self-storage facility with a caretaker unit within the Industrial (M) zoning district. Amante Stated a conflict of interest related to the proposed project, recused himself, and stepped down from the dais. 7:45 p.m. The Public Hearing opened. Ashabi Presented the staff report. Nielsen Asked if the back wall of the building is 375 feet long by 30 feet high. Ashabi Answered in the affirmative, specifying that only a portion of the building will be three-story. Nielsen Asked for clarification regarding the height allowed for the light poles. Ashabi Stated the maximum height would be 20 feet. Nielsen Asked if there would be any light spill. Minutes- Planning Commission May 12, 2003- Page 8 Ashabi Answered in the negative. Nielsen Ashabi Pontious Ashabi Nielsen Ashabi Jennings Ashabi Menard Jonathan Higginson, representing Wieland Associates Jennings Mr. Higginson Menard Mr. Higginson Nielsen Asked if the maturity of the landscape screen is anticipated to be achieved in approximately two to three years. Replied in the affirmative, adding that bamboo grows quickly. Asked for clarification concerning the Starbucks coffee shop opening at 6:00 a.m. Answered that the second sentence of Condition 5.3 requires that Starbucks would need to submit a site-specific noise analysis to the Community Development Director for approval. Asked if it is anticipated that it will be about two years before the residents of Tustin Meadows will see the vegetation. Answered in the affirmative. Asked how far the structure will be from the first residence. Responded approximately 120 feet. Asked for information regarding the impact of the anticipated one decibel increase in the noise level. Stated one decibel is typically regarded as inaudible to the average person; three decibels is the level normally heard by the human ear; the exception could be a change in the nature of the noise depending upon which frequencies might be reflected from the building. Asked Mr. Higginson what impact the train noise would have. Indicated there are various noises as the train passes--the engine noise and the wheels on the track--that would be reflected from the new buildings; however, the train on the track would also act as a barrier to the reflected noise; those elements are included in the estimated one decibel increase. Asked how much impact the vegetation would have on the noise. Responded the vegetation makes very little difference. Asked if the train's whistle was taken into account. Minutes- Planning Commission May 12, 2003- Page 9 Mr. Higginson Bill Reseigh, architect, representing the applicant Pontious Peterson Jennings Pontious Jennings Mr. Reseigh Menard Nielsen Indicated the analysis was based on measurements made at the adjacent residential site, including every noise level from each train pass; and, stated he had no information whether or not the analysis included whistle noise. Stated the project took a year and a half to get to the Planning Commission and made the following requests regarding the conditions of approval: (1) Conditions 3.13 and 3.16: asked that "or as amended" be added at the end. (2) Condition 3.17: clarified that the condition refers to habitable spaces and not storage units. Clarified that the north elevation at the rear facing the railroad tracks is only partially 30 feet and two story for the remainder. Asked for staff clarification on the requested amendments by Mr. Reseigh; and, suggested "or as amended" is not the appropriate solution. Stated that staff prefers that no changes be made to the conditions related to noise mitigation; if warranted, Condition 3.22 allows for modifications during plan check and prior to issuance of a building permit. Invited the public to speak; no one came forward. Indicated she was sorry to see The Barn go, but, given the odd shape of this property, this seems an appropriate use for the site; and, supported staff's findings. Asked if all the businesses indicated on the plans are expected at this location. Stated that letters of intent have been received from most of the businesses. Agreed that this will be a nice addition to the City; and, complimented staff on a job well done. Indicated he had some concerns regarding the noise level; and, asked if there is any way to reduce the noise further by adding additional landscaping or other features. Minutes- Planning Commission May 12, 2003- Page 10 Director Nielsen 8:10 p.m. Continued to the June 9, 2003, Planning Commission meeting 8:11 p.m. West Director Answered that staff can ask the acoustical engineer to give the noise issue further consideration during plan check. Stated that would be appropriate since several residents have expressed concern about the noise level increasing. The Public Hearing closed. It was moved by Menard, seconded by Nielsen, to adopt Resolution No. 3871 and Resolution No. 3872, as amended. Motion carried 4-0. CONDITIONAL USE PERMIT 02-018 AND DESIGN REVIEW 02-018 AUTHORIZING CONSTRUCTION OF A 2,983 SQUARE FOOT FAST-FOOD RESTAURANT, A DRIVE-THRU LANE AND OUTDOOR DINING AT THE PROPERTY LOCATED AT 171 EAST FI STREET. THIS PROJECT IS LOCATED IN THE "COMMERCIAL" WITHIN THE FIRST STRE SPECIFIC PLAN ZONING DISTRICT. .NDATION: That the PI; ling Commission adopt Resolution No. 3870 approvi Conditional Use Permit 02-018 to construct a 2 uare foot fast-food restaurant, with a drive-thru lane and dining area, on the northwest corner of Prospect hue and First Street. The property is located at 171 E; First Street and can be further described as Assessor Number 401-532-36. The Public Hearing opened. Presented the staff report. Added this is a small site that was a service station; there have been numerous requests to put 'ious uses on this site over the years; this has not been an easy ect; the drive- thru lane is a special concern requiring the con, included in the staff report; staff's reason for recommendir g~approval is that the applicant has submitted a queuing analysis~at shows the drive-thru will work as long as people use it the~way the design is intended. Minutes - Planning Commission May 12, 2003 - Page 11 ATTACHMENT C Letter Received June 4, 2003 City of Tustin Planning Commission 300 Centennial Way Tustin, CA 92780 RECEIVED JUN O 2003 C NiTY DE ,/ELOPMENT Planning Commission Linda Jennings, Chairperson Jero' Amante Nathan Menard John Nielsen Leslie Pontious, Chairperson Pro Tem May 31, 2003 To all members of the City of Tustin Planning Commission: We, the residents of Lockwood Park Place, D Su'eet, and Orangewood Lane, would like to thank you for taking the time to listen to our concerns at the most recent public hearing regarding Farmer Boys Foods, Inc. (Ma3; 12, 2003). The concerns we expressed relate specifically to the drive-thru, which is proposed to accompany the Farmer Boys Restaurant at the comer of First Street and Prospect Avenue. While we understand the restaurant building has been approved for the commercially zoned lot, we feel the addition of the drive-thru will. bring unwarranted pollution of all sorts to our neighborhood, which will be detrimental to the quality of our lives. The pollution we are concerned about includes: vehicle exhaust, cooking exhaust, light pollution and, especially, noise pollution. In addition, we are tremendously concerned about the added traffic, not only t° the surrounding area, but to our streets. As you may know, people often think our streets provide an outlet and become frusla'ated when they realize there isn't one. They speed .back down the street and threaten the safety of our children. Furthermore, many people already eat their lunch under the tree canopies, leaving the trash behind, and this drive-thru will only exacerbate this problem. While we support the improvements to Old Tustin and First Street, and we look forward to continued improvements, we feel the area improvements can be accomplished without adding another drive-thru to First Street. We also feel denying the conditional use pe~xnit for the drive-thru will mitigate many of our concerns. Thank you for allowing us an opportunity to be heard and for giving thoughtful consideration to this matter. We look forward to seeing you at the next public hearing. Sincerely, The residents of Lockwood Park Place, D Street, and Orangewood Lane cc: all residents of Lockwood Park Place, D Street, and Orangewood Lane ~ C',L.~ C.U 120 D st. 110 D st. 160 D st. 170 D st. 115 Orangewood Alan (& Tori) Bruce & Ruth (& Greg & Sheri (& Matt & Reiny AJ & Misha Webster Elisa) Reiter- Derek) Biard (& Travis & Nesselrod Reich Amber) Hertado 125 Orangewood Dave & Jo Armstrong 135 Lockwood 130 Lockwood 130 Orangewood 135 Orangewood Park Place The Rubio Family Lane Lane Ashley Hook & i Chris & Molly Glenn & Shelby (& Alex Brody i (& Jessie & Lexi) Rachel & Kiana) Knox Nichols 145 Lockwood 140 Lockwood 140 Orangewood 145 Orangewood Park Place Park Place Lane Lane For Sale - Not Stu & Anita Dori Pickering Gil & Cyndi Occupied Anderson i Gonzalez ; 155 Lockwood 150 Lockwood 150 Orangewood 155 Orangewood Park Plac~ Park Place Lane Lane Vic, Colleen & Dave & Karen VVanda Morgan & Maria Bruce Wolczak Hackett Maldonado ~ (& Mossimo) Ferris 165 Lockwood ~ 160 Lockwood 160 Orangewood 165 Orangewood Park Place ~ Park Place Lane Lane Brian (& Shannon) Willy & Linda Tom & Nancy Evelyn Anoc McGinnis Thebolt (& Christy, Amy & Tammy) Argo 175 Lockwood 170 Lockwood 170 Orangewood 175 Orangewood Park Place Park Place Lane ~ Lane Janice Clary Andy Chuisolo Larry & Marie Kevin & Lisa , (& Jeff) Stapleton (& Hayden & i Heather) Kyriss 185 Lockwood 180 Lockwood 180 Orangewood 185 Orangewood Park Place Park Place Lane ! Lane Patrick & Tiffany Dave & Anita Chris & Deb John & Carrie Stroupe (& Andrea & (& Claire & Nic) (& Chris, Carrie, , David) Neal Jacobson Sarah, & Lindsey) Brewster 195 Lockwood 190 Lockwood , 190 Orangewood 195 Orangewood Park Place Park Place Lane Lane Jeremy & Debbie Elie Redmond Ed & Joan Bill & Angle Jacobson Cappola (& Kevin, Billy, Amanda, & Cameron) Calderon 130 Lockwood 130 Orangewood The Rubio Family Lane Chris & Molly (& Jessie & Lexi) Knox 140 Lockwood 140 Orangewood Park Place Lane Stu & Anita Dori Pickering Anderson 150 Lockwood 150 Orangewood Park Place Lane Dave & Karen VVanda Hackett Maldonado 160 Lockwood 160 Orangewood Park Place Lane Willy & Linda Tom & Nancy Thebolt (& Christy, Amy & Tammy) Argo 170 Lockwood 170 Orangewood Park Place Lane Andy Chuisolo Larry & Marie , (& Jeff) Stapleton 180 Lockwood 180 Orangewood Park Place Lane Dave & Anita Chris & Deb (& Andrea & (& Claire & Nic) David) Neal Jacobson 190 Lockwood 190 Orangewood Park Place Lane Elie Redmond Ed & Joan Cappola ATTACHMENT D Revised Site Plan R ATTACHMENT E Resolution No. 3870 RESOLUTION NO. 3870 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 02-0018 AND DESIGN REVIEW 02- 018, AUTHORIZING THE CONSTRUCTION OF A 2,983 SQUARE FOOT RESTAURANT WITH AN OUTDOOR DINING AREA AND DENYING THE INSTALLATION OF A DRIVE-THRU LANE, AT THE VACANT PROPERTY LOCATED AT 171 E. FIRST STREET. The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A, A proper application, Conditional Use Permit 02-018 and Design Review 02-018, was filed by Bob Veriato, on behalf of Farmer Boys Restaurant, to construct a 2,983 square foot restaurant, with a drive-thru lane and outdoor dining area, on the northwest corner of Prospect Avenue and First Street. The property is located at 171 E. First Street and can be further described as Assessor Parcel Number 401-532-36. Bo The Planned Community Commercial/Business land use designation of the General Plan provides opportunities for a mix of retail and commercial services. 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. Co The proposed uses are allowed within the "Commercial" designation of the First Street Specific Plan, subject to the approval of a Conditional Use Permit by the Planning Commission. Do A public hearing was duly called, noticed, and held on May 12, 2003, by the Planning Commission, at which the applicant, members of the public, and members of the Planning Commission spoke about the potential impacts and benefits of the project. Following public testimony and discussion, the Planning Commission continued the item to June 9, 2003, to allow the applicant and staff time to address the concerns that had been raised. Eo On May 27, 2003, the applicant submitted a revised site plan without the drive-through lane as an alternative to the applicant's preferred site plan with a drive-thru lane for the Planning Commission's consideration. F. That it is appropriate to approve the restaurant with an outdoor dining area and deny the installation of a drive-thru lane based upon the findings listed below. In determining whether to approve or deny Resolution No. 3870 Exhibit A Page 2 a request, the Planning Commission must determine whether or not the proposed use will be detrimental to the health, safety, morals, comfort, and general welfare of the persons residing in or working in the neighborhood, or whether it will be injurious or detrimental to property or improvements in the vicinity, or to the welfare of the City. 1) The site is zoned to accommodate a variety of commercial uses. Approving the restaurant with an outdoor dining area and denying the drive-thru lane is a good balance between the need to develop commercial properties and protect the general welfare of nearby residents. 2) That the drive-thru lane will be detrimental to the health, safety, morals, comfort, and general welfare of the persons residing in the neighborhood in that: a) b) c) The drive-thru lane would be too close to the residences to the north, and the noise and activity from the speaker board and pick-up window would be noticeable and disruptive to persons residing in the area and be detrimental to their health, comfort, and general welfare. The potential traffic conflicts at the entrance to the drive-thru lane cannot be entirely eliminated; and, The drive-thru lane may not accommodate other types of fast food restaurants that typically generate higher amounts of traffic and queuing, and the applicant requested that he not be required to provide an estimate and post a bond to ensure removal of the drive-thru lane in the event the Farmer Boys use ceases and another drive-thru user cannot be accommodated on-site. 3) As shown on the revised site plan, the building location and site layout will comply with the development standards and design guidelines of the First Street Specific Plan with respect to number of parking spaces, building height, building setbacks, lot coverage, and landscape coverage. In particular, the Design Guidelines encourage buildings to be placed close to First Street to "create a more appealing, active streetscape and to ensure privacy of Iow density residential areas" and the building placement complies with this guideline by: a) b) Orienting the primary entrance toward First Street; Locating the parking areas to the side and rear of the building and, as conditioned, linking the parking areas to the building entrance with walkways, including Resolution No. 3870 Exhibit A Page 3 4) 5) 6) d) creating a third building entrance to facilitate direct access from the rear parking lot to the building; Locating the patio near the intersection to promote the pedestrian experience and create a buffer from the residences to the north; and, Providing a thick, ten (10) foot landscape buffer along the northern property line to buffer residences. No off-site traffic impacts are anticipated since the project (without a drive-thru lane) would generate 1,083 vehicle trips per day (ADT). The maximum vehicle capacity of First Street is 37,500 vehicles per day and its current volume is 18,300 vehicles per day and the maximum vehicle capacity of Prospect Avenue is 25,000 vehicles per day, and its current volume is 9,700 vehicles per day. In addition, as conditioned, no on-site circulation conflicts are anticipated in that the parking lot layout would facilitate vehicle maneuvers, the two (2) angled parking spaces near the Prospect Avenue entrance would be reconfigured during plan check, and the First Street entrance would be limited to right-turn in and right-turn out only by the applicant installing a "Right Turn Only" sign and a type "N-I" marker on the existinq solid median in First Street to direct vehicles to safe vehicular movements. The proposed project, as conditioned, will comply with the Tustin Noise Ordinance and is not anticipated to create a significant noise impact on the surrounding area by: a) b) c) d) Limiting all rooftop mechanical equipment to be selected to ensure the noise level shall not exceed sixty-five (65) dBa at ten (10) feet to ensure compliance with the City's Noise Ordinance; Ensuring the rooftop parapet will be a minimum five (5) feet high; Ensuring the Acoustical Engineer will certify the final plans; and, Ensuring a thick, ten (10) foot landscape buffer and a seven (7) foot high wall will be provided along the northern property line to buffer residences. The proposed project, as conditioned, is not anticipated to create a significant impact on the air quality in the surrounding area since the project complies with Section 42303 of the Health and Safety Code and the South Coast Air Quality Management District, and the applicant shall utilize Best Available Control Technology (BACT) on all cooking and exhaust equipment in accordance with AQMD standards due Resolution No. 3870 Exhibit A Page 4 7) 8) to the property's proximity to residential properties. In addition, the trash enclosure will be relocated to minimize odor, vermin, or other impacts on residences to the north. If odor, vermin, or other impacts occur, the applicant would be required to implement immediate and permanent measures to eliminate the impacts. The proposed outdoor dining area, as conditioned, will not create a negative impact on the surrounding area since: a) b) c) d) e) The outdoor dining area will be located to the east of the building enclosed with a Iow, twenty-eight (28) inch high planter wall and solid, six (6) foot high wall at the north end of the patio that matches the architecture of the building; No outdoor music or public address will be permitted; All exterior patio lighting will be completely contained with the patio area; No alcoholic beverages will be served; Trash receptacles will be provided in the outdoor dining area, and the dining area shall be cleaned on a continual, daily basis for removal of litter and food items; and, The outdoor dining area, and entire use, may be reviewed annually. Pursuant to the First Street Specific Plan and Section 9272 of the Tustin Municipal Code, the Planning Commission finds that the location, size, architectural features, and general appearance of the proposed development, as conditioned, will not impair the ordedy and harmonious development of the area, the present or future development therein, or the occupancy as a whole. In making such findings, the Commission has considered at least the following items: a) b) c) d) e) g) h) 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. Resolution No. 3870 Exhibit A Page 5 9) 10) 11) i) Location and appearance of equipment located outside an enclosed structure. j) Location and method of refuse storage. k) Physical relationship of proposed structures to existing structures in the neighborhood. I) Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. m) Proposed signage. n) Development Guidelines and criteria as adopted by the City Council. As proposed, the building design will comply with the First Street Specific Plan and with the First Street Specific Plan Design Guidelines by integrating the following design elements: a) b) c) d) e) f) g) h) i) J) k) Richness of surface and textures; Equal void to solid building wall ratios; Pitched roofs; Vegetation integrated upon the building walls; Roof overhangs; Arches; Off-white stucco walls; Dark brown wood timber; Dark green canvas awnings; Decorative paving; and, A tile roof. The addition of a functioning portico at the front entrance and a wood trellis (covered walkway) along the west elevation will add articulation to the building, hide the utilitarian service door on the west elevation, and facilitate access to the front of the building from the side parking lot. As conditioned, the hours of operations are not anticipated to impact nearby residences in that the indoor restaurant areas may operate from 6:00 a.m. to 10:00 p.m., Sunday through Thursday and 6:00 a.m. to 12:00 a.m. on Friday and Saturday while the outdoor dining area will be limited to being open from 7:00 a.m. to 10:00 p.m. daily, which is consistent with sensitive time periods established in the Noise Ordinance and General Plan Noise Element. The proposed project, as conditioned, will comply with the City's Landscaping and Irrigation Guidelines and the Parking Lot Design Guidelines and provide a significant visual buffer Resolution No. 3870 Exhibit A Page 6 II. for residences to the north Prospect Avenue by providing: a) b) c) and to passing vehicles on A thick, ten (10) foot landscape buffer and a seven (7) foot high wall along the northern property line to buffer residences as permitted by Tustin City Code Section 9271i3; A substantial landscape berm along Prospect Avenue to screen the parking lot; and, Vines and trellis on the south, west, and north building elevations and vines along the planter wall around the patio. 12) The proposed project, as conditioned, is not anticipated to create negative light or glare on surrounding properties since: a) Seven (7), fifteen (15) foot high light standards will be installed more than thirty (30) feet from the north property line and four (4), ten (10) foot high standards will be installed between twenty (20) and thirty (30) feet from the north property line; and, b) A seven (7) foot wall and ten (10) foot landscape buffer will be installed along the north property line, and glare shields will be mounted on all light standards to reduce spillover light levels to zero. 13) As conditioned, adequate on-site and off-site pedestrian facilities will be provided in that the sidewalk and driveway aprons on First Street and Prospect Avenue will be constructed to meet current Federal Americans with Disabilities Act (ADA) requirements. F, This project is Categorically Exempt pursuant to Section 15332, Class 32 of Title 14, Chapter 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). The Planning Commission hereby approves Conditional Use Permit 02-018 and Design Review 02-018, authorizing the construction of a 2,983 square foot restaurant, with outdoor dining area, and denying the drive-thru lane at 171 E. First Street, subject to the conditions contained within Exhibit A attached hereto. Resolution No. 3870 Exhibit A Page 7 PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 9th day of June, 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 City of Tustin, California; that Resolution No. 3870 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 9th day of June, 2003. ELIZABETH A. BINSACK Planning Commission Secretary (1) (1) GENERAL 1.1 EXHIBIT A CONDITIONAL USE PERMIT 02-018 DESIGN REVIEW 02-018 CONDITIONS OF APPROVAL RESOLUTION NO. 3870 1.2 1.3 (1) 1.4 The proposed use shall substantially conform with the submitted plans for the project date stamped June 9, 2003, on file with the Community Development Department, except as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Director of Community Development may also approve minor modifications to plans during plan check if such modifications are consistent with the provisions of the' Tustin City Code and other applicable codes. Unless otherwise specified, the conditions contained in this Exhibit shall be complied with prior to the issuance of any building permits for the project, subject to review and approval by the Community Development Department. The subject project approval shall become null and void unless permits for the proposed project are issued and substantial construction is underway within twelve (12) months 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. Approval of Conditional Use Permit 02-018 and Design Review 02-018 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 "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. SOURCE CODES (2) (3) (4) STANDARD CONDITION (5) CEQA MITIGATION UNIFORM BUILDING CODE/S (6) DESIGN REVIEW (7) EXCEPTION RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY Resolution No. 3870 Exhibit A Page 2 (1) 1.5 (3) (3) As a condition of approval, 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, conceming this project. The City agrees to promptly notify the applicant of any such claim or action filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in defense of any such action under this condition. 1.6 Conditional Use Permit 02-018 and Design Review 02-018 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. 1.7 Any violation of any of the conditions imposed is subject to the payment of a civil penalty of $100.00 for each violation, or such other amounts as the City Council may establish by ordinance or resolution, and for each day the violation exists, subject to the applicable notice, hearing, and appeal process as established by the City Council ordinance. 1.8 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. PLAN SUBMITTAL 2.1 At the time of building permit application, the plans shall comply with the most recently adopted codes and regulations, including, but not limited to, the 2001 California Building Code (CBC), 2001 California Mechanical Code (CMC), 2001 California Plumbing Codes (CPC), 2001 California Electrical Code (CEC), California Title 24 Accessibility Regulations, Title 24 Energy Regulations, and all other applicable City Ordinances, and State and Federal laws and regulations. 2.2 Building plan check submittal shall include the following: · Seven (7) sets of construction plans, including mechanical, plumbing, and electrical. · Two (2) copies of structural calculations. · Two (2) copies of Title 24 energy calculations. drawings for Elevations that include all proposed dimensions, materials, colors, finishes, and partial outlines of adjacent buildings on-site and off-site where applicable. Details of all proposed lighting fixtures and a photometric study showing Resolution No. 3870 Exhibit A Page 3 (3) (3) (3) the location and anticipated pattern of light distribution of all proposed fixtures. There shall be no more than four (4), ten (10) foot high standards between twenty (20) and thirty (30) feet from the north property line and seven (7), fifteen (15) foot high light standards more than thirty (30) feet from the north property line. All new light fixtures shall be consistent with the architecture of the building and shall be designed, arranged, and shielded so as to prevent light or glare impacts on adjacent residential 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) foot-candle of light coverage, in accordance with the City's Security Ordinance. A note shall be provided on the plans that "All parking areas shall be illuminated with a minimum of one (1) foot-candle of light, and lighting shall be maintained so as not to produce light, glare, or have a negative impact on adjacent properties." The location of any utility vents or other equipment shall be provided on the roof plan. Cross-section details showing the installation of the proposed rooftop equipment. All roof-mounted equipment and vents shall comply with the Noise Study dated April 10, 2003, the Noise Ordinance, and Conditions 7.1, 7.2, and 7.3 of this resolution. An elevation showing rooftop equipment installation related to the height of the parapet and proposed equipment must be identified at plan check submittal. Details for Best Available Control Technology to be used on all cooking and exhaust equipment in accordance with Air Quality Management District (AQMD) standards due to the property's proximity to residential properties. Note on plans that no field changes shall be made without prior approval from the Building Official and architect or engineer of record. 2.3 The plans submitted shall indicate that restrooms are accessible to persons with disabilities as per State of California Accessibility Standards (Title 24). Plumbing fixture units are required to comply with the 2001 California Plumbing Code Chapter Four, Table 4-1, as per type of group occupancy, or as approved by the Building Official. 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. 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 precise soil report provided by a civil engineer and Resolution No. 3870 Exhibit A Page 4 (3) 2.6 (3) 2.7 (3) 2.8 (3) 2.9 (3) 2.10 less than one (1) year old. Expanded information regarding the levels of hydrocarbons and ground water contamination found on-site shall be provided in the soil 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. · Drainage, vegetation, circulation, street sections, curbs, gutters, sidewalks, and storm drains shall comply with the on-site Private Improvement Standards. · Two (2) copies of Hydrology Report. 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. 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. A surety/cash bond shall 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. Information shall be submitted 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. The applicant shall comply with the following conditions pertaining to the requirement for a Water Quality Management Plan: A. B. Prior to issuance of building permits, the applicant shall submit for approval by the Community Development and Public Works Departments, a Water Quality Management Plan (VVQMP) 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. Prior to submittal of a WQMP, the applicant shall submit a deposit of $2,700.00 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 cost that exceeded the deposit prior to issuance of grading permits. Any unused Resolution No. 3870 Exhibit A Page 5 (3) 2.11 (3) 2.12 (3) 2.13 (1) 2.14 portion of the deposit shall be refunded to the applicant. C. Prior to issuance of any permits, the property owner shall record a Notice of 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. D. The Community Development and Public Works Department shall determine whether any change in use requires an amendment to an approved WQMP. 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. 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 residence. 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. 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. All exterior treatments shall be consistent with the submitted color/material samples and noted on all construction plans and elevations submitted for Building Permit Plan Check, subject to review and approval by the Community Development Department at final inspection. The colors and materials for the exterior of the building shall be consistent with the following: Location Brand Stucco Dunn Edwards Tile US Tile Awnings Hemlock Tweed Trellis Wood Color Common Color SPl14 Whisper Off-white De Anza Blend Terracota Sunbrella Dark Green OKON 126 Treated, Unfinished A high quality of features, materials, and colors shall be used throughout the site and maintained on an on going basis to create and maintain a handcrafted building appearance, including using a smooth, trowel- finished stucco (or equivalent) on the building. Any changes to colors or materials during construction or operation shall be approved in writing by the Community Development Department prior to installation. Resolution No. 3870 Exhibit A Page 6 (1) 2.15 (***) 2.16 (1) 2.17 (1) 2.18 (1) 2.19 (4) 2.20 (4) 2.21 (4) 2.22 (4) 2.23 (4) 2.24 The applicant shall provide a conceptual sign plan for the project. The drawings shall identify all project signs (i.e. monument sign, wall signs, secondary signs, and directional signs) and provide conceptual information regarding the overall size, location, material, massing, colors, and design of the proposed signs. The applicant shall transition the twenty-eight (28)inch high planter wall around the patio to a curved, six (6) foot high wall along the north side of the patio to provide a buffer between the patio and the residential properties to the north. The applicant shall provide a solid seven (7) foot high block wall along the north property line in accordance with the First Street Specific Plan. The applicant shall coordinate with the adjacent property owners to the north of the site with respect to construction of a common property line wall to avoid the need for two (2) walls in close proximity. The trash enclosure shall have a paint and stucco finish to match the main building. The plans submitted into plan check shall include details of the outdoor dining area furniture. Details of all exterior doors shall be provided on the construction plans. All ground- or wall-mounted mechanical and electrical fixtures and equipment shall be adequately and decoratively screened. The screen shall be integrated with the architectural design of the building. All telephone and electrical boxes shall be indicated on the building plans and shall be completely screened. 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. The applicant shall relocate the trash enclosure to the rear of the building or in a portion of the parking lot that would not negatively impact the residences to the north, subject to review and approval by the Director of Community Development during plan check. The applicant shall relocate the driveway on Prospect Avenue a minimum of ten (10) feet from the northern property line to create a straighter drive aisle, create a uniform landscape buffer along the northern property line adjacent to the residences, and reconfigure the two (2) angled parking spaces near the Prospect Avenue entrance to eliminate the potential for traffic conflicts, subject to review and approval by the Director of Community Development during plan check. Resolution No. 3870 Exhibit A Page 7 (4) 2.25 The applicant shall create a third building entrance on the north side of the building to facilitate access from the rear parking lot. (4) 2.26 The applicant shall shift the building slightly to the north to create a functioning portico with depth and visual interest at the front entrance along First Street. (4) 2.27 The applicant shall include the trellis (covered walkway) on the west side of the building that was previously proposed to add articulation to the building, hide the utilitarian service doors on the west elevation, and facilitate access to the front of the building from the side parking lot. ENGINEERING (1) 3.1 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 is required to submit and obtain approval from the Public Works Department of a Project Recycling Plan. The Project Recycling Plan shall demonstrate recovery and recycling of at least 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 the project; · Provide an estimate of the total amount of waste to be generated for the entire duration of the project; · Provide an estimate of the total amount of recyclable materials generated by the project, identified by recyclable material type; and Identify waste hauler(s) to be utilized during the project. Note: 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 the project; Demonstrate that no waste generated by the project will be sent directly to any landfill; Prior to the issuance of a Notice of Completion or 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; Prior to issuance of an occupancy permit, the applicant is required to submit recycling plans to the Public Works Department for each Resolution No. 3870 Exhibit A Page 8 project tenant which demonstrates recycling or diversion from landfills of at least 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 adequate physical space to accommodate all planned tenant recycling programs. (1) 3.2 (3) 3.3 (1) 3.4 Current Federal Americans with Disabilities Act (ADA) requirements shall be met at the drive aprons. The maximum cross slope of the sidewalk shall be two (2) percent and the maximum ramp slope of the drive apron shall be ten (10) percent. A separate 24"x 36" street improvement plan, as prepared by a California Registered Civil Engineer, will be required for all construction within the public right-of-way. Construction and/or replacement of any missing or damaged public improvements will be required adjacent to this development. Said plan shall include, but not be limited to, the following: A, B. C. D. E. F. Curb and gutter; Sidewalk, including curb ramps for the physically disabled; Drive aprons; Domestic water facilities; Sanitary sewer facilities; and, Landscape and irrigation. In addition, a 24" x 36" reproducible construction area traffic control plan, as prepared by a California Registered Traffic Engineer or Civil Engineer experienced in this type of plan preparation, will be required. Preparation of a sedimentation and erosion control plan for all work related to this development will be required. (1) 3.5 Preparation of plans for and construction of: A. All sanitary sewer facilities must be submitted as required by the City Engineer and local sewering agency. These facilities shall include a gravity flow system per the standards of Orange County Sanitation District No. 7. B. A domestic water system must be designed and installed to the standards of the City of Tustin Water Services Division. Improvement plans shall also be reviewed and approved by the Orange County Fire Authority for fire protection purposes. The adequacy and reliability of water system design and the distribution of fire hydrants will be evaluated. The water distribution system Resolution No. 3870 Exhibit A Page 9 (1) 3.6 (1) 3.7 (1) 3.8 (1) 3.9 (1) 3.10 (1) 3.11 and appurtenances shall also conform to the applicable laws and adopted regulations enforced by the Orange County Health Department. Release/approval from East Orange County Water District shall be obtained prior to receiving water service. A complete hydrology study and hydraulic calculations shall be submitted for review and approval by the City. Preparation and submittal of a final grading plan showing all pertinent elevations as they pertain to the public right-of-way along with delineating the following information: A. Final street elevations at key locations. B. Final pad/finished floor elevations and key elevations for all site grading. All pad elevations to be a minimum of 1.0 foot above base flood elevation as defined by FEMA. Both horizontal and vertical intersection sight lines will need to be checked per County of Orange Public Facilities and Resources Department Standard No. 1117 for all affected streets. The site lines need to be shown on the grading plan and landscape plan. All landscaping within the limited use area will need to comply with County of Orange Public Facilities and Resources Department Standard No. 1117. Existing sewer, domestic water, reclaimed water, and storm drain service laterals shall be utilized whenever possible. Prior to any work in the public right-of-way, an Encroachment Permit must be obtained from and applicable fees paid to the Public Works Department. In addition to the normal full-size plan submittal process, all final development 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 are also required to be submitted to the Public Works Department/Engineering Division in computer aided design and drafting (CADD) format. The standard file format is AutoCAD Release 13 or 14 having the extension DWG. Likewise, layering and linetype conventions are AutoCAD-based (latest version available upon request from the Engineering Division). In order to interchangeably utilize the data contained in the infrastructure mapping system, CADD drawings must be in AutoCAD "DWG" format (i.e. produced using AutoCAD or AutoCAD compatible CADD software). The most current version of AutoCAD is AutoCad 2000. Drawings created in AutoCAD Release 13 or Release 12 are compatible and acceptable. The CADD files shall be submitted to the City at the time the plans are approved and updated CADD files reflecting "as built" conditions shall be Resolution No. 3870 Exhibit A Page 10 (1) 3.12 submitted once all construction has been completed. The subdivision bonds will not be released until the "as built" CADD files have been submitted. 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) 3.13 The applicant shall install a standard Caltrans "Right Turn Only" sign, designated "R41 ," at the Prospect Avenue driveway, and a standard "One Way Only" sign, designated "R10-1 ," and a type "N-I" marker in the raised median at First Street. ORANGE COUNTY FIRE AUTHORITY (OCFA) (5) 4.1 (5) 4.2 (5) 4.3 (5) 4.4 (5) 4.5 Prior to the issuance of any certificate of use and occupancy, all fire hydrants shall have a blue reflective pavement marker indicating the hydrant location on the street, as approved by the Fire Chief, and must be maintained in good condition by the property owner. Please contact the OCFA at (714) 744-0499 or visit the OCFA website for a copy of the "Guideline for Installation of Blue Dot Hydrant Markers." Prior to the issuance of any grading or building permits, the applicant shall provide evidence of adequate fire flow. The "Orange County Fire Authority Water Availability for Fire Protection" form shall be signed by the applicable water district and submitted to the Fire Chief for approval. If sufficient water to meet fire flow requirements is not available, an automatic fire extinguishing system may be required in each structure affected. Prior to the issuance of any building permits, the applicant shall submit plans and obtain approval from the Fire Chief for fire lanes on required fire access roads less than 36 feet in width. The plans shall indicate the locations of red curbs and signage and include a detail of the proposed signage including the height, stroke, and colors of the lettering and its contrasting background. Please contact the OCFA at (714) 744-0499 or visit the OCFA website to obtain a copy of the "Guidelines for Emergency Access Roadways and Fire Lane Requirements." Prior to the issuance of any certificate of use and occupancy, the fire lanes shall be installed in accordance with the approved fire lane plan. Prior to the issuance of a building permit for combustible construction, the builder shall submit a letter on company letterhead stating that water for fire-fighting purposes and all-weather fire protection access roads shall be in place and operational before any combustible material is placed on-site. Building permits will not be issued without OCFA approval obtained as a Resolution No. 3870 Exhibit A Page 11 result of an on-site inspection. Please contact the OCFA at (714) 744- 0499 to obtain a copy of the standard combustible construction letter. (5) 4.6 Prior to the issuance of a building permit, the applicant shall submit architectural plans for the review and approval of the Fire Chief as required per the "Orange County Fire Authority Plan Submittal Criteria Form." Please contact the OCFA at (714) 744-0499 for a copy of the Site/Architectural Notes to be placed on the plans prior to submittal. USE RESTRICITONS (***) 5.1 The operating hours for the indoor portion of the restaurant shall be from 6:00 a.m. to 10:00 p.m., Sunday through Thursday and 6:00 a.m. to midnight (12:00 a.m.) on Friday and Saturday. The outdoor dining area shall operate from 7:00 a.m. to 10:00 p.m. daily. The operating hours shall be posted in the restaurant and the outdoor dining area and shall be enforced by employees of the restaurant. Any modifications to the hours of operation shall be approved in writing by the Director of Community Development. (7) 5.2 Parking for the restaurant shall be provided at a ratio of one (1) space for every three (3) seats. Any change in the number of indoor and outdoor seats shall be approved by the Community Development Department in writing and any increase in seats shall be accompanied in the total number of provided parking spaces. The most currently approved number of indoor and outdoor occupants shall be clearly posted inside and outside. (***) 5.3 The applicant shall encourage employees to park in the parking spaces along the northern property line. 5.4 If a noise problem results from the proposed project or operational changes within the development as determined by a Code Enforcement Officer, the applicant shall submit a noise study prepared by a professional acoustical engineer and perform or install interim and permanent mitigation measures as a result. 5.5 If problems associated with the trash enclosure arise, such as noticeable odors or vermin, as determined by a Code Enforcement Officer, the applicant shall implement measures to eliminate the problem, such as, but not limited to, double bagging the trash and arranging for more frequent pick-ups from the trash hauler. (***) 5.6 "No Loitering" signs shall be posted in the parking lot and around the outdoor dining area. (7) 5.7 The applicant shall obtain all necessary approvals prior to selling alcoholic beverages on the property. Resolution No. 3870 Exhibit A Page 12 LANDSCAPING (1) 6.1 Complete landscape and irrigation plans that comply with the City of Tustin Landscape and Irrigation Guidelines shall be submitted at plan check. The irrigation plan shall show the location and control of backflow prevention devices at the meter, pipe size, sprinkler type, spacing, and coverage details for all equipment and shall provide measures to 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 shall be considered as methods of increasing irrigation efficiency. (1) 6,2 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, support structures (trellis, etc.), trimming, mowing, 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. 6.3 The applicant shall install, and maintain, a uniform ten (10) foot landscape buffer along the north property as required by Condition 2.24. At a minimum, the buffer area shall include: ten (10), thirty-six (36)inch "Carrot Wood" trees, thirty-six (36), five (5) gallon "Pink Powder Puff" shrubs, approximately thirty-seven (37)"Indian Hawthorne" shrubs, approximately eight (8)"Heavenly Bamboo" shrubs, "Gazania" groundcover, and nine (9), one (1)-gallon "Boston Ivy" vine. The species, quantities, and sizes shall be reviewed by the Director of Community Development at plan check to ensure effective screening and the applicant shall provide additional materials, if needed, to achieve effective screening. 6.4 The applicant shall install, and maintain, a landscaped berm along the eastern property line to screen parking lot activities from Prospect Avenue, as shown on the revised site plan. NOISE (5) 7.1 All rooftop mechanical equipment shall have a sound rating equivalent to 8.5 Bels or less, or the equivalent sound pressure level of sixty-five (65) dBa or less at ten (10) feet. These ratings may be altered if it can be demonstrated that the combination of equipment does not yield a net condition with the other sources of noise in excess of the City's requirements. The final plans shall be reviewed by the acoustical engineer. (5) 7.2 The rooftop parapet shall be a minimum five (5) feet high relative to the roof on the north and east side of the building. Resolution No. 3870 Exhibit A Page 13 (5) 7.3 An Acoustical Engineer shall certify the final plans prior to issuance of building permits to ensure compliance with the Noise Study dated April 10, 2003, and the Noise Ordinance. (5) 7.4 A minimum seven (7) foot high wall relative to the site grade shall be constructed along the north property line the full width of the project site. OUTDOOR SEATING (7) 8.1 The applicant shall provide trash receptacles in the outdoor dining area and parking lot, and the dining areas and parking lot shall be cleaned on a continual, daily basis for removal of litter and food items. (7) 8.2 The proposed outdoor dining area shall be setback a minimum of five (5) feet from the south and east property lines along First Street and Prospect Avenue. (7) 8.3 No outdoor music or public address system shall be permitted. (7) 8.4 All exterior patio lighting shall be completely contained within the patio area. FEES (c) 9.1 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 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 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. (c) 9.2 Prior to issuance of any permits, the applicant shall pay plan check and and permit fees based upon the rate in effect at the time of plan check and permit issuance. The following fees are in currently in effect and are subject to change: A, a. C, D. All applicable Building plan check and permit fees shall be paid to the Community Development Department. All applicable Grading plan check and permit fees shall be paid to the Community Development Department. Orange County Fire Authority plan check and inspection fees to the Community Development Department based upon the most current schedule. Payment of the Major Thoroughfare and Bridge Fees to the Tustin Resolution No. 3870 Exhibit A Page 14 E, Fo G, H. Public Works Department at the time a building permit is issued. The current fee is $3.30/sq.ft. of new floor area. Payment of the Orange County Sanitation District No. 7 Sewer Connection Fees at the time a building permit is issued. The current fee is $1.60/sq.ft. of new floor area. New development fees in the amount of $0.10/sq.ft. of new floor area to the Community Development Department. Transportation System Improvement Program (TSIP), Benefit Area "A" fees in the amount of $5.53/sq.ft. of new floor area of construction to the Community Development Department. School facilities fee to the Tustin Unified School District subject to any agreement reached and executed between the District and the applicant. The current fee is $0.34/sq.ft. of new floor area.