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HomeMy WebLinkAboutPC RES 3870RESOLUTION NO. 3870 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 02-018 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. B. 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. C. 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. D. 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. E, 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 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 creating a third building entrance to facilitate direct access from the rear parking lot to the building; Resolution No. 3870 Page 3 4) 5) 6) c) d) 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 existing 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 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 Resolution No. 3870 Page 4 7) 8) 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 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: a) b) c) d) e) g) h) J) k) Height, bulk, and area of buildings. Setbacks and site planning. Exterior materials and colors. Type and pitch of roofs. Size and spacing of windows, doors, and other openings. Towers, chimneys, roof structures, flagpoles, radio and television antennae. Location, height, and standards of exterior illumination. Landscaping, parking area design, and traffic circulation. Location and appearance of equipment located outside an enclosed structure. Location and method of refuse storage. Physical relationship of proposed structures to existing structures in the neighborhood. Resolution No. 3870 Page 5 9) 10) 11) m) n) Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. Proposed signage. Development Guidelines andt 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) 0 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 for residences to the north and to passing vehicles on Prospect Avenue by providing: a) 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 9271(i)(3); Resolution No. 3870 Page 6 b) c) 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) b) 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 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. Fo 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, 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. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 9th day of June, 2003. 'L~A C. JENNINGS";' Chairperson ELIZABETH A. BINSACK Planning Commission Secretary Resolution No. 3870 Page 7 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) (1) 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 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. 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. (1) 1.4 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 (~) ~.5 (1) ('~) (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, 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 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) 2.3 (3) 2.4 (3) 2.5 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. 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. 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 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. S. 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 or redesign the patio entrance to create a point of entry on the north side of the building to facilitate access from the rear parking lot, subject to review and approval by the Community Development Department during plan check. (4) 2.26 The applicant shall shift the building approximately 1-2 feet to the north to create an articulated portico with depth and visual interest at the front entrance along First Street, subject to review and approval by the Community Development Department at plan check. (4) 2.27 The applicant shall include a trellis (covered walkway) on the west side of the building to add articulation to the building, hide the utilitarian service doom 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; Resolution No. 3870 Exhibit A Page 8 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. (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. 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 Resolution No. 3870 Exhibit A Page 9 (1) 3.6 (1) (1) (1) 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. 3,7 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 padfiinished 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. 3.8 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. 3.9 Existing sewer, domestic water, reclaimed water, and storm drain service laterals shall be utilized whenever possible. 3.10 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. 3.11 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. Resolution No. 3870 Exhibit A Page 10 (1) 3.12 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. ORANGE COUNTY FIRE AUTHORITY (OCFA) (5) (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 Resolution No. 3870 Exhibit A Page 11 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. (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. Resolution No. 3870 Exhibit A Page 12 (7) 5.7 The applicant shall obtain all necessary approvals prior to selling alcoholic beverages on the property. (***) 5.8 No deliveries or exterior work shall occur prior to 7:00 a.m. or after 10 p.m. daily. 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. 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. (1) 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 Resolution No. 3870 Exhibit A Page 13 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. (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 lifter 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: Ao All applicable Building plan check and permit fees shall be paid to the Community Development Department. Resolution No. 3870 Exhibit A Page 14 Bo Co Do Eo F, Go Ho 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 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.