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HomeMy WebLinkAbout02 TENT P.M. 2003-131 07-21-03AGENDA REPORT Agenda Item Reviewed: City Manager Finance Director Nip,- , MEETING DATE: JULY 21, 2003 TO: FROM: SUBJECT: WILLIAM HUSTON, CITY MANAGER COMMUNITY DEVELOPMENT DEPARTMENT TENTATIVE PARCEL MAP 2003-131 SUMMARY Tentative Parcel Map 2003-131 is a request to resubdivide a 4.09-acre site located at the northeast corner of Sixth Street and El Camino Real into four (4) new parcels for development of a garden center on a 1.47 acre parcel located at the northwest portion of the site. On July 14, 2003, the Planning Commission recommended that the City Council approve Tentative Parcel Map 2003-131, and approved Design Review 03-008 and Conditional Use Permit 03-007. (Owner: Mary and John Prescott L.P.; Applicant: TJS Architects on behalf of Armstrong Garden Center), RECOMMENDATION: That the City Council adopt Resolution No. 03-92 approving Tentative Parcel Map 2003- 131 to resubdivide a 4.09 acre site into four (4) new parcels including a 1.47 acre parcel for development of a garden center at the northwest portion of the property. FISCAL IMPACT: Tentative Parcel Map 2003-131 is an applicant-initiated project. The applicants have paid applicable fees for the processing of this project. ENVIRONMENTAL: This project is categorically exempt (class 15) pursuant to section 15315 of the California environmental quality act. BACKGROUND: The site is located within the Central Commercial and Combining Parking Overlay (C- 2P) zoning district, Cultural Resources Overlay District, and the Town Center Redevelopment Project Area (Attachment A - Location Map). Tentative Parcel Map 2003-131 July 21, 2003 Page 2 The application for the Tentative Parcel Map requires approval by the City Council; the conditional use permit and design review for outdoor sales and architecture and site design require approval by the Planning Commission. On July 14, 2003, the Planning Commission held a public hearing and adopted Resolutions No. 3880 recommending approval of Tentative Parcel Map 2003-131 to the City Council (Attachment C - Resolution No. 3880) and approved Conditional Use Permit 03-007 and Design Review 03-008 for site/building design of the proposed garden center and outdoor sales as submitted eliminating staff recommended conditions for relocation and architectural design modifications. A revised Resolution No. 3881 will be presented to the Planning Commission on July 28, 2003 for adoption. DISCUSSION: Tentative Parcel Map The site includes 4.09 acres that are currently divided into four (4) parcels as follows (Attachment B- Submitted Plans): · A 0.89-acre parcel on the east (Parcel A) · A 0.65-acre interior parcel for the proposed garden center (Parcel B) · A 0.45-acre parcel at the corner of Sixth Street and El Camino Real (Parcel C) · A 2.11-acre parcel facing Six Street with alley access to Main Street (Parcel D) The applicant has proposed to resubdivide the site into four (4) new parcels as follows: · A 1.47-acre parcel, an elongated rectangular parcel with the narrow dimension facing El Camino Real for development of the proposed Armstrong Garden Center (Parcel 1); · A 0.50-acre parcel at the corner of Sixth Street and El Camino Real (Parcel 2); · A 1.23-acre parcel, a flag parcel facing Sixth Street containing an alley access to Main Street (Parcel 3); and, · A 0.89-acre parcel adjacent to the existing senior housing facility on Sixth Street (Parcel 4). There is an existing drive apron to the site from El Camino Real. With the new configuration, access to the four (4) new parcels would be provided from a common driveway on El Camino Real extending from the existing approach on the west and a thirty (30) foot wide drive from Main Street on the north. The driveway and access to parking spaces would be located on Parcels 1, 2, and 3. Parcels 2, 3, and 4 would continue to be used for agricultural purposes and the fruit stand, associated parking, Tentative Parcel Map 2003-131 July 21, 2003 Page 3 and farming operations would require access on Parcels 1, 2, 3, and 4. In addition, while parking for the fruit stand would be provided on Parcels 2 and 3, it is reasonable to assume that some customers may park in the garden center spaces and some garden center customers may park at the fruit stand. As such, reciprocal parking and access will be required on all four (4) parcels. Condition 3.2 of Resolution No. 03-92 would require the applicant to provide reciprocal access among all four (4) parcels. Condition 2.1 is included to establish CC&Rs for the maintenance of all common areas. The submitted map would need to comply with the requirements of the City's Subdivision Manual with respect to the format and required information. Condition 3.3 of Resolution No. 03-92 requires that a revised tentative map be submitted for review and approval of the Public Works Department prior to submittal of a final map or issuance of a building permit. In addition, the driveway apron at the alley from Main Street and El Camino Real would need to be reinstalled to comply with current Federal American with Disabilities Act (ADA) requirements. Condition 6.2 of Planning Commission Resolution No. 3881 will require that the drive access be constructed according to the current federal standards. Minoo Ashabi t_/ Associate Planner Elizabeth A. Binsack Community Development Director Attachments: A_ D_ Location Map Submitted Map Planning Commission Report dated Resolution Nos. 3880 City Council Resolution No. 03-92 July 14, 2003 and S:\Cdd\CCREPORT~,rmstrong.doc ATTACHMENT A CITY COUNCIL REPORT Location Map · LOCATION MAP PROJECT NO. ADDRESS 440 St0 520 550 540 550 565 1/2 COMMUNITY LIBRARY  6oo 602 649 634 638 ~ 642 653 666 654 656 662 ~ ~ 655 664 620 .................... · = s~o 642 662 SPOON'S ATTACHMENT B CITY COUNCIL REPORT Submitted Map Z LLi k- ATTACHMENT C CITY COUNCIL REPORT Planning CommissiOn Report dated July 14, 2003 & Resolution No. 3880 Report to the ITEM #2 Planning Commission DATE: JULY 14, 2003 SUBJECT: TENTATIVE PARCEL MAP 2003-131, CONDITIONAL USE PERMIT 03-007, AND DESIGN REVIEW 03-008 APPLICANT: TJS ARCHITECTS, INC. 1208 NORTH EUCLID AVENUE ONTARIO, CA 91762 ATTN: TED J. STELZNER ARMSTRONG GARDEN CENTERS 2200 E. ROUTE 66, SUITE 200 GLENDORA, CA 91740 ATTN: JOE AMARAL PROPERTY OWNER: JOHN AND MARY M. PRESCOTT, L.P. 18752 E. 17TM STREET SANTA ANA, CA 92705-2815 LOCATION: 505 EL CAMINO REAL (401-623-08 AND 401-623-11) ZONING: CENTRAL COMMERCIAL (C-2), CULTURAL RESOURCES AND PARKING OVERLAY DISTRICTS, AND TOWN CENTER REDEVELOPMENT PROJECT AREA ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO SECTION 15332 OF THE ENVIRONMENTAL QUALITY ACT (CLASS 32) CALIFORNIA REQUEST: 1) AUTHORIZATION TO RESUBDIVIDE FOUR EXISTING PARCELS (4.09 ACRES) INTO FOUR NEW PARCELS FOR DEVELOPMENT OF A GARDEN CENTER ON A 1.47-ACRE PARCEL 2) AUTHORIZATION TO ESTABLISH A GARDEN CENTER WITH A 6,400 SQUARE FOOT BUILDING AND 41,007 SQUARE FEET OF OUTDOOR SALES AREA AND ESTABLISH THE NUMBER OF REQUIRED PARKING SPACES THROUGH THE APPROVAL OF A PARKING DEMAND ANALYSIS 3) AUTHORIZATION FOR BUILDING AND SITE DESIGN Planning Commission Report TPM 2003-131, DR 03-008, CUP 03-007 July 14, 2003 Page 2 RECOMMENDATION That the Planning Commission adopt: 1. Resolution No. 3880 approving Tentative Parcel Map 03-131; and, . Resolution No. 3881 approving Conditional Use Permit 03-007 authorizing the establishment of a garden center and required parking spaces and Design Review 03-008 authorizing a modified building and site design, as recommended by staff. BACKGROUND The site is located within the Central Commercial and Combining Parking Overlay (C-2P) zoning district, Cultural Resources Overlay District, and the Town Center Redevelopment Project Area. Tentative parcel map applications are considered by the Planning Commission and City Council, conditional use permit applications are considered by the Planning Commission, and design review applications within redevelopment areas typically require approval of the Zoning Administrator; in this case, the design review application is being deferred to the Planning Commission to be considered concurrently with the Tentative Parcel Map and Conditional Use Permit. Site and Surrounding Properties The project site is located at the northeast corner of El Camino Real and Sixth Street. The site is comprised of four existing parcels, which are currently used for an agricultural use approved by Conditional Use Permit 96-003. Surrounding uses include commercial uses to the north and west and residential uses to the south and east (Attachment A - Location Map). Access to the site is provided from El Camino Real and an alley on Main Street. DISCUSSION The applicant is proposing to resubdivide the property into four (4) new parcels and develop an Armstrong Garden Center on the northerly 1.47-acre parcel adjacent to the existing development on El Camino Real. Tentative Parcel Ma~) The entire site includes 4.09 acres that are currently divided into four (4) parcels as follows (Attachment B - Submitted Plans): · A 0.89-acre parcel on the east (Parcel A) · A 0.65-acre interior parcel for the proposed garden center (Parcel B) · A 0.45-acre parcel at the corner of Sixth Street and El Camino Real (Parcel C) · A 2.11-acre parcel facing Six Street with alley access to Main Street (Parcel D) Planning Commission Report TPM 2003-131, DR 03-008, CUP 03-007 July 14, 2003 Page 3 The applicant has proposed to subdivide the site into four (4) new parcels as follows: · A 1.47-acre parcel, an elongated rectangular parcel with the narrow dimension facing El Camino Real for development of the proposed Armstrong Garden Center (Parcel 1); · A 0.50-acre parcel at the corner of Sixth Street and El Camino Real (Parcel 2); · A 1.23-acre parcel, a flag parcel facing Sixth Street containing an alley access to Main Street (Parcel 3); and, · A 0.89-acre parcel adjacent to the existing senior housing facility on Sixth Street (Parcel 4). There is an existing drive apron to the site from El Camino Real. With the new configuration, access to the four (4) new parcels would be provided from a common driveway on El Camino Real extending from the existing approach on the west and a thirty (30) foot wide drive from Main Street on the north. The driveway and access to parking spaces would be located on Parcels 1, 2, and 3. Parcels 2, 3, and 4 would continue to be used for agricultural purposes and the fruit stand, associated parking, and farming operations would require access on Parcels 1, 2, 3, and 4. In addition, while parking for the fruit stand would be provided on Parcels 2 and 3, it is reasonable to assume that some customers may park in the garden center spaces and some garden center customers may park at the fruit stand. As such, reciprocal parking and access will be required on all four (4) parcels. Condition 3.2 of Resolution No. 3880 would require the applicant to provide reciprocal access among all four (4) parcels. Condition 2.1 is included to establish CC&Rs for the maintenance of all common areas. The submitted map would need to comply with the requirements of the City's Subdivision Manual with respect to the format and required information. Condition 3.3 of Resolution No. 3880 requires that a revised tentative map be submitted for review and approval of the Public Works Department prior to submittal of a final map or issuance of a building permit. In addition, the driveway apron at the alley from Main Street would need to be reinstalled to complY with current Federal American with Disabilities Act (ADA) requirements. Condition 6.2 of Resolution No. 3881 requires that the drive access be constructed according to the current federal standards. Conditional Use Permit and Design Review Site Plan and Architecture The proposed Armstrong Garden Center would include a 6,400 square foot building and 41,007 square feet of outdoor retail areas on Parcel 1 of Tentative Parcel Map 03-131. The building is proposed to be located fifty-six (56) feet from the front property line and forty-one (41) feet from the northerly property line. Forty-three (43) parking spaces are proposed along the south and east of the site. A trash enclosure and delivery access would be installed at the northeast corner of the parcel where trucks would be parked (Attachment B - Submitted Plans). The three (3) remaining parcels would continue to be used for agricultural use. Since the site configuration and access to the site would be altered as a result of this development, Planning Commission Report TPM 2003-131, DR 03-008, CUP 03-007 July 14, 2003 Page 4 an amendment to the existing conditional use permit for the agricultural operation would be required. The existing fruit stand and parking would need to be relocated. Since a new common driveway is proposed, gravel parking would not be adequate. Condition 1.7 of Resolution No. 3881 is included to require that Conditional Use Permit 96-003 be amended for the agricultural use prior to issuance of a building permit for the proposed garden center. Issues related to access, parking, and compliance with the ADA and water quality requirements would be addressed with the review of the application. The building is .proposed with a primary front access from El Camino Real with decorative pavers and a fountain court and a secondary access from the south parking area. A large portion of the outdoor sales area (13,147 square feet) would be screened by a trellis structure proposed to be extended from the building on four sides. The entire site, excluding the perimeter landscaping and parking areas, is proposed to be enclosed with eight (8) foot tall brick pilasters and seven (7) foot tall wrought iron fencing (Attachment B - Submitted Plans). The proposed architecture includes an approximately twenty-seven (27) foot tall barn style building with clerestory windows, green standing seam metal roofing, light gray wood batten siding, light brown wood trellis, and green canvas awnings. The proposed architecture, with the exception of the brick pilasters, is typical of other Armstrong Garden Centers in southern California within suburban settings or major arterial highways such as the stores locate in La Habra, Anaheim, and Newport Beach. The building also includes two building-mounted signs, one facing El Camino Real, and one facing the parking areas on the west, and a cupola with a wind rooster that rises up to over thirty (30) feet. Parking and Circulation Tustin City Code does not address parking standards for garden centers. As such, the applicant has submitted a parking demand analysis based on four (4) other Armstrong Garden Center locations in Fullerton, La Habra, Diamond Bar, and Santa Ana (Attachment C - Submitted Parking Study). The study used the busiest store (La Habra location) to develop a parking demand analysis, and the numbers were adjusted to the size of the proposed store in Tustin. The store is projected to generate approximately 231 daily vehicles trips, or eight (8) vehicles per hour during the morning peak hour and twenty-four (24) vehicles per hour during the evening peak hours during the week. The submitted study concluded that a maximum of forty-four (44) parking spaces would be needed (worst-case scenario during a weekend peak hour), one parking space more than the forty-three (43) spaces provided. The City's Traffic Engineer has reviewed the study with respect to the content, methodology, findings, and conclusions and determined that sufficient parking would be available. To ensure that adequate parking would be available at all times, Condition 5.1 (Resolution No. 3881) would require that one additional parking space be provided for a minimum of forty-four (44) parking spaces. Condition 5.1 also requires preparation of a new parking study or a traffic study as deemed necessary by staff if parking or circulation problems arise in the future and or if any change to the hours of operation or operational standards may occur. Additional parking may need to be provided on the adjoining parcels 2, 3, or 4. Planning Commission Report TPM 2003-131, DR 03-008, CUP 03-007 July 14, 2003 Page 5 L/ght/ng The applicant has proposed gooseneck building-mounted lighting and trellis-mounted fluorescent lighting for illumination of the sales areas, and five (5) decorative light poles (16 feet in height) for illumination of the parking areas (Attachment B- Submitted Plans). No lighting for the outdoor sales area to the rear of the site or the access alley from Main Street is proposed. Condition 3.11 of Resolution No. 3881 is included to require installation of adequate lighting at the rear to meet the minimum security lighting of one (1) footcandle as required by the Tustin Security Code subject for review and approval of the Community Development Department. In addition, since the store closes earlier than a typical retail store, Condition 5.8 of Resolution No. 3881 is included to require sufficient storefront lighting along El Camino Real during the non-operating hours of the garden center. Landscaping/Alley Access There is an existing thirty (30) foot alley access from Main Street and a driveway apron midway on the El Camino Real frontage. There are several mature trees on the site including avocado, persimmon, and citrus trees most of which are proposed to be preserved. The applicant has proposed to preserve one (1) avocado tree and three (3) citrus trees located on the alley, which would result in a meandering alley access narrowing to twenty (20) feet at approximately midway and at the connection to the Armstrong Garden site (Attachment B - Submitted Plans). Since this alley would be commonly used among the four (4) parcels and would be primarily used for deliveries to the proposed Armstrong Garden Center, Condition 4.3 of Resolution No. 3881 is included to require adequate trimming of the trees to minimize encroachment into the twenty (20) foot width. New landscaping would be provided along the perimeter of the retail area and within the parking area. The building would be screened by existing mature Ficus trees on El Camino Real frontage, and six (6), 24-inch box Carrotwood trees and five (5), 36-inch box Crape Myrtle trees on the south and the east. Tea roses, iceberg roses, lantana, and Japanese Yew are proposed to accent the landscaped areas. Condition 5.9 of Resolution No. 3881 is included to ensure that all landscaping is maintained in a healthy and vigorous condition. Hours of Operation and Delive/~es The proposed garden center would operate as follows: SDrino and Summer (March 15 to September 15~ · v · . 9:00 a.m. to 6:30 P.m. Monday through Friday 8:00 a.m. to 6:30 p.m. Saturday 9:00 a.m. to 6:30 p.m. Sunday Fall and Winter (September 16 to March 14) 9:00 a.m. to 5:30 p.m. Monday through Friday 8:00 a.m. to 5:30 p.m. Saturday 9:00 a.m. to 5:30 p.m. Sunday Planning Commission Report TPM 2003-131, DR 03-008, CUP 03-007 July 14, 2003 Page 6 All employees with the exception of the manager would be on-site during the customer hours. The store manager would arrive at 8:00 and leave after closing; therefore, there would be no activities on-site before 8:00 a.m. and after 6:30 p.m. Loading to customer vehicles would be provided by Armstrong staff. A cart storage area would be provided within the fenced sales area. Condition 5.2 requires that carts be stored within a designated cart storage area on a regular basis during operating hours and secured during non-operating hours. There would be two (2) to five (5) truck deliveries per day between the hours of 9:00 a.m. to 5:00 p.m. The typical delivery truck would not exceed thirty-five (35) feet in length and would park at the rear for unloading. Condition 5.7 requires that no on-site truck turn around would be provided, and all truck deliveries would be directed to exit the site to not interfere with the customer parking and circulation and, if needed, the delivery hours be limited to non-peak hours. No~e The City Noise Ordinance and the Tustin General Plan Noise Element require that the exterior noise threshold for a commercial use is sixty (60) decibels. The proposed site is more than ninety (90) feet from the residential uses to the east and 220 feet from residential uses to the south. In addition, the store operating and truck delivery hours of 9:00 a.m. to 6:30 p.m. would minimize any obtrusive noises to residential uses during sensitive night-time hours. As such, no noise impacts to the surrounding residential uses are anticipated. Conditions 5.3, 5.4, and 5.5 are included to address potential noises impacts from deliveries and operation of the garden center. Staff has reviewed the design review request with respect to the required development standards and goals and policies of the general plan. Several conditions of approval are recommended for modifications to the location and architecture of the proposed garden center. The following includes the analysis for these recommendations: Policy 10.1 of the General Plan seeks to "improve the Old Town District's identity as the City's historical and architectural focus and its contribution to the City's economic base." As part of implementing this policy, the American Institute of Architects Regional/Urban Design Assistance Team (R/UDAT) and staff prepared the "Visions of Old Town" in 1991 to guide revitalization efforts in Old Town Tustin. The study notes the critical challenge for Old Town Tustin will be to retain the integrity of the focal center around El Camino Real and Main Street, which can be done by strengthening the existing development pattern. The study also states Main Street and El Camino Real should function more as small town business streets than as major thoroughfares, and the streets should be narrowed with angled parking and buildings adjacent to the sidewalk. One of the goals for El Camino Real as a major north-south axis is to establish a strong and consistent design to reflect a small-town character (Attachment H - Excerpts of the "Visions of Old Town" prepared by R/UDAT). Planning Commission Report TPM 2003-131, DR 03-008, CUP 03-007 July 14, 2003 Page 7 "Visions of Old Town" labels the vacant site as a "catalyst project" and notes the site is a pivotal development opportunity for Old Town Tustin that will have far reaching impacts for all of Old Town. With a proper design that enhances the area, the site can bring more people and business into the area, which would have positive socioeconomic benefits. The suggested development pattern for this site includes buildings that abut the sidewalks and complement the scale and architectural style of existing buildings to enhance the small-town flavor of the district as a whole (Attachment H - Excerpts of the "Visions of Old Town" prepared by R/UDAT). The proposed development could better incorporate the design vision for Old Town by integrating the proposed development into the existing street scene. Staff recommends the site layout and building architecture be modified as follows: The building should be located closer to El Camino Real to replicate the development pattern and placement of buildings in Old Town, especially along the commercial axis of El Camino Real and Main Street (Attachment G - Alternate Site Plan). The building is proposed to be placed approximately fifty- five (55) feet back from the front property line and results in a suburban rather than an urban pattern of development. Generally, buildings in Old Town are placed at the front property line with no setback. While the trellis would extend to the front property line, it diminishes the building's connection to the streetscape and building line along the street. The majority of buildings in this area are located at the front property line, adjacent to the street, including historic buildings such as Cox's Market, the Knights of Pythias and Chamber of Commerce, Tustin Hardware (Mrs. B's), and others, as well as new buildings such as Dr. Helm's and the Acorn Naturalist buildings (Attachment D- Photos of Building Placement). In addition, since the garden center (building and outdoor area) is almost the size of a football field, and the predominant development pattern in Old Town is one of attached or clustered buildings on smaller lots, placing the building away from the front property line will exacerbate the visual disparity between the existing street scene and the project. The alternate site plan proposed (Attachment G) would accomplish the applicant's goals of providing some outdoor display area within the front twenty (20) feet setback area, provide for the entire 13,000 square feet trellis outdoor display to the side and rear of the site, and fulfill the visions established for Old Town. A sidewalk should be provided from El Camino Real to the side entrance to facilitate pedestrian access to the project. The architecture should be modified to incorporate the prominent materials and features of the early commercial brick buildings in Old Town. The building design reflects an agricultural rather than turn-of the century urban commerce theme. Knowlwood's in Fullerton (Attachment F - Knowlwood's) is a good example of the type of building that would maintain the shape of the building desired by the applicant, yet offer a commercial rather than an agrarian appearance and feature materials and colors that are similar to those found in Old Town Tustin. Other developers and corporate entities are able to ensure Planning Commission Report TPM 2003-131, DR 03-008, CUP 03-007 July 14, 2003 Page 8 their buildings are compatible with the character of the communities in which they locate (Attachment E - McDonald's, Bank of America, Home Depot) and Armstrong Garden Centers have been modified from the standard corporate design in other "old town" and commercial areas. The use of a standard corporate design that is the same found in other cities in suburban settings compromises the "small town" individualistic character desired in Old Town. The trellis should be located to the side and rear of the building to maintain a view corridor of the building, similar to other commercial buildings along El Camino Real and Main Street. The noted recommendations are included as conditions of approval and findings for approval of the project with these modifications are included in the attached Resolution Nos. 3880 and 3881. Minoo Ashabi Associate Planner Elizabeth A. Binsack Community Development Director Attachments: Attachment Attachment Attachment Attachment Attachment Attachment Attachment Attachment Attachment A- Location Map B - Submitted Plans C- Submitted Parking Study D - Photos of Building Placement E - Example Photos F- Submitted Letter of Support G- Alternate Site Plan and Building Elevations H - Excerpts of the "Visions of Old Town" I- Resolution Nos. 3880 and 3881 S:\Cdd~PCREPOR~DR 02-038, CUP 02-028.doc ATTACHMENT A Location Map LOCATION MAP 440 47Q 520 54O ~0 ~O 'X'~STX~ crrY MAP ,~ 320 PLT~t~rA ~ 8~3 668 654 660 658 ~ ~ ~ ~ ~ ~ 655 664 62O PROJECT NO. ADDRESS m POLICE Db. ci~ COMMUNITY CENTER MBRARY SOUPLAN~ SPOON'S % ATTACHMENT B Submitted Plans 0 (D r 0 ~- O~ o~ '- ~~ I. I J. ® I! _ I~oin USeD AT THIS I~RO.IECT ~l"r~.~/ ' I ~.o'o. ,~o.o, ~uo, ~:'% ee'% Go'o, '~o'o. co'% ~o.o, ~o,~, _ o _ I ...... VIN1YO:II'IVO 'NI.LS, n.i. 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' ATTACHMENT C Submitted Parking Study May 15, 2003 Mr. Ted Stelzner TJS ARCHITECTS, INC. 1208 North Euclid Avenue Ontario, CA 91762 Dear Mr. Stelzner: INTRODUCTION The firm of Kunzman Associates is pleased to submit this parking analysis for the Armstrong Garden Center in the City of Tustin. The project site is located at 505 El Camino Real. The approximately 1.5 acre project site is presently a strawberry field on the east side of El Camino Real between Sixth Street and Main Street (see Figure 1). Figure 2 illustrates the project site plan. This report summarizes our methodology, analysis, and findings. We trust that the findings, which are summarized in the front of the report will be of immediate as well as continuing value to you and the City of Tustin in evaluating the project. FINDINGS 1. The approximately 1.5 acre project site is presently a strawberry field located on the east side of El Camino Real between Sixth Street and Main Street. 2. The project site consists of a 6,400 square foot building with a 41,007 square foot outdoor sales area (excluding the building). 3. The project site is proposed for 43 on-site parking spaces. . Four comparable Armstrong Garden Center sites were surveyed. Each was surveyed on a Friday, Saturday, and Sunday and the peak parking demand determined for each of the three days. till Town & COUNTRY ROAO, SUITE 34 'i ORANOE, CA 92868-4667 TELEPHONE: (714) 973-8383 :"~ FACSIMILE: (714) 973-8821 E-MAIL: MAIL ~ TRAFFIC-ENG1NEER.COM :~: WEB: WWW.TKAFFIC-ENGINEER.COM o The maximum number of occupied parking spaces on a weekday (Friday) is 21 parked vehicles from 2:15 PM to 2:30 PM at the City of La Habra Armstrong Garden Center. . The maximum number of occupied parking spaces on a weekend (Saturday) is 38 parked vehicles from 1:30 PM to 1:45 PM at the City of La Habra Armstrong Garden Center. . The maximum number of occupied parking spaces on a weekend (Sunday) is 37 parked vehicles from 1:15 PM to 1:30 PM at the City of La Habra Armstrong Garden Center. , The month of May is one of the busiest sales months based upon Armstrong Garden Center data. Additionally, the busiest single day of the year is the Saturday before Mother's DaY. The La Habra site was surveyed on the highest business volume day of the year for a nursery, namely the Saturday before Mother's Day. Not only is it the highest volume day historically, this particular Mother's Day weekend had very bright warm sunny days and it had rained the preceding weekend. The nursery business is high in the springtime on warm sunny days, but is extra high on the Saturday before Mother's Day. 9. The City of Tustin parking code requirements do not have a garden center parking ratio. 10. The proposed development is projected to generate approximately 231 daily vehicle trips, 8 vehicles per hour will occur during the morning peak hour and 24 vehicles per hour will occur during the evening peak hour. 11. Based upon the parking calculations section within this letter, a parking variance will be required for the proposed Armstrong Garden Center. The project site is proposed to provide 43 on-site parking spaces and 44 on-site parking spaces are required. PARKING SURVEY To quantify the existing parking demand, four (4) existing similar Armstrong Garden Center projects were surveyed. The La Habra Armstrong Garden Center is located at 1340 South Harbor Boulevard and contains a 6,400 square foot building within a 27,315 square foot outdoor sales area (excluding the building). The Fullerton Armstrong Garden Center is located at 2830 East Imperial Highway and contains a 3,200 square foot building within a 35,000 square foot outdoor sales area (excluding the building). The Diamond Bar Armstrong Garden Center is located at 21144 Golden Springs Drive and contains a 3,000 square foot building within a 34,000 square foot outdoor sales area (excluding the building). The Santa Ana Armstrong Garden Center is located at 1829 North Tustin Avenue and contains a 2,900 square foot building within a 28,000 square foot outdoor sales area (excluding the building). The existing parking demand was determined by surveying the existing on-site parking areas at 15-minute intervals on a weekday (Friday) from 1:00 PM to 5:00 PM and on a weekend (Saturday and Sunday) from 9:00 AM to 3:00 PM. For the Fullerton, Diamond Bar, and Santa Ana Armstrong Garden Centers, the weekday (Friday) parking counts were conducted on July 19, 2002 and the weekend (Saturday and Sunday) parking counts were conducted on July 20 and 21, 2002. For the La Habra Armstrong Garden Center, the weekday (Friday) parking counts were conducted on March 21, 2003 and the weekend (Saturday and Sunday) parking counts were conducted on May 10 and 11, 2003. As indicated in Table 1, the maximum number of occupied parking spaces at the similar Armstrong Garden Centers is 21 parked vehicles on a weekday (Friday) from 2:15 PM to 2:30 PM at the City of La Habra Armstrong Garden Center, 38 parked vehicles on a weekend (Saturday) from 1:30 PM to 1:45 PM at the City of La Habra Armstrong Garden Center, and 37 parked vehicles on a weekend (Sunday) from 1:15 PM to 1:30 PM at the City of La Habra Armstrong Garden Center. It should be noted that the La Habra Armstrong Garden Center has recently been opened with promotional advertising. PARKING CALCULATIONS The La Habra Armstrong Garden Center has been used for the parking calculations because it had the highest number of parked vehicles. Data: 6,4OO SF 41,007 SF Building area at Tustin site. Outside fenced sales area (excluding the building) at Tustin site. 6,400 SF 27,315 SF Building area at La Habra site. Outside fenced sales area (excluding the building) at La Habra site. 3 Calculations: 38 Stalls -26 Stalls 12 Stalls X1.501 18 Stalls 26 Stalls 44 Stalls Stalls being used by Armstrong in May count at La Habra site (Worst case). Required for 6,400 square foot building area/1 stall per 250 square foot (same for each site). Required for outside fenced sales area at La Habra site. Adjust for sales area difference = 41,007 square foot Tustin/27,315 square foot La Habra Required for outside fenced sales area at Tustin site. Required for 6,400 square foot building area/1 stall per 250 square foot. Total spaces required for Tustin site. PARKING CODE The City of Tustin parking code requirements are included within Appendix A: The City of Tustin parking code requirements do not have a garden center parking ratio. TRIP GENERATION The traffic generated by the project is determined by multiplying an appropriate trip generation rate by the quantity of land use. Trip generation rates are predicated on the assumption that energy costs, the availability of roadway capacity, the availability of vehicles to drive, and our life styles remain similar to what we know today. A major change in these variables may affect trip generation rates. Trip generation rates were determined for daily traffic, morning peak hour inbound and outbound traffic, and evening peak hour inbound and outbound traffic for the proposed land use. By multiplying the traffic generation rates by the land use quantity, the traffic volumes are determined. Table 2 exhibits the traffic generation rates, project peak hour volumes, and project daily traffic volumes. The traffic generation rates are from the Institute of Transportation Engineers (ITE), Trip Generation, 6th Edition, 1997. The proposed development is projected to generate approximately 231 daily vehicle trips, 8 vehicles per hour will occur during the morning peak hour and 24 vehicles per hour will occur during the evening peak hour. HOURS OF OPERATION The hours of operation vary during the year for Armstrong Garden Centers. The project site hours of operation are as follows: Spring-Summer: 9:00 AM to 6:30 PM Monday through Friday 8:00 AM to 6:30 PM Saturday 9:00 AM to 6:30 PM Sunday 4 Fall-Winter: 9:00 AM to 5:30 PM Monday through Friday 8:00 AM to 5:30 PM Saturday 9:00 AM to 5:30 PM Sunday It should be noted that 80% of sales are during the hours between 10:00 AM-4:00 PM on both weekdays and weekends. BUSIEST DAY OF YEAR The month of May is one of the busiest sales months for Armstrong Garden Centers. The La Habra site was surveyed on the highest business volume day of the year for a nursery, namely the Saturday before Mother's Day. Not only is it the highest volume day historically, this particular Mother's Day weekend had very bright warm sunny days and it had rained the preceding weekend. The nursery business is high in the springtime on warm sunny days, but is extra high on the Saturday before Mother's Day. DELIVERY SCHEDULE There are only two to five deliveries per day. Delivery hours shall be limited to 9:00 AM to 5:00 PM. The delivery area is for deliveries only (not for customer pick-up) and is provided with a truck unloading area with crosswalk. The maximum size truck used at this facility is a 35 foot truck. SITE ACCESS The project site is proposed for access to El Camino Real and Main Street. Install a STOP sign at the access driveways to adjacent arterials. Landscape plantings and signs should be limited to 30 inches in height within 10 feet of project driveways to assure good visibility at the access driveways. ON-SITE CIRCULATION The circulation within the parking areas should allow relatively free flow of vehicular traffic with no constrictions. CONCLUSIONS As indicated in Table 1, the maximum number of occupied parking spaces at the similar Armstrong Garden Centers is 21 parked vehicles on a weekday (Friday) from 2:15 PM to 2:30 PM at the City of La Habra Armstrong Garden Center, 38 parked vehicles on a weekend (Saturday) from 1:30 PM to 1:45 PM at the City of La Habra Armstrong Garden 5 Center, and 37 parked vehicles on a weekend (Sunday) from 1:15 PM to 1:30 PM at the City of La Habra Armstrong Garden Center. It should be noted that the La Habra Armstrong Garden Center has recently been opened with promotional advertising. The month of May is one of the busiest sales months for Armstrong Garden Centers. The La Habra site was surveyed on the highest business volume day of the year for a nursery, namely the Saturday before Mother's Day. Not only is it the highest volume day historically, this particular Mother's Day weekend had very bright warm sunny days and it had rained the preceding weekend. The nursery business is high in the springtime on warm sunny days, but is extra high on the Saturday before Mother's Day. The City of Tustin parking code requirements do not have a garden center parking ratio. The proposed development is projected to generate approximately 231 daily vehicle trips, 8 vehicles per hour will occur during the morning peak hour and 24 vehicles per hour will occur during the evening peak hour. Based upon the parking calculations section within this letter, a parking variance will be required for the proposed Armstrong Garden Center. The project site is proposed to provide 43 on-site parking spaces and 44 on-site parking spaces are required. It has been a pleasure to serve your needs on this project. Should you have any questions, or if we can be of further assistance, please do not hesitate to call. Sincerely, KUNZMAN ASSOCIATES Carl Ballard Senior Associate #2688a KUNZMAN ASSOCIATES William Kunzman, P.E. Principal Professional Registration Expiration Date 3-15-2004 Table 1 Parking Survey Number of Parked Vehicles Weekda, (FridayI Weekend (SaturdayI Weekend (Sunday) Diamond Diamond Diamond Time Fullerton Bar Santa Ana La Habra Fullerton Bar Santa Ana La Habra Fullerton Bar Santa Aha La Habra 9:00 AM - 9:15 AM ........ 5 2 2 18 4 3 1 12 9:15 AM - 9:30 AM ........ 5 6 2 18 5 6 1 17 9:30 AM - 9:45 AM ........ 9 6 2 20 5 8 4 17 9:45 AM - 10:00 AM ........ 10 6 3 23 5 8 5 23 10:00 AM - 10:15 AM ........ 11 9 3 23 8 7 6 25 10:15 AM - 10:30 AM ........ 8 10 4 17 6 8 7 29 10:30 AM - 10:45 AM ....... 10 9 6 25 7 7 7 32 10:45 AM - 11:00 AM ........ 10 12 6 32 11 9 7 28 11:00 AM - 11:15 AM ........ 14 10 7 31 12 12 9 34 11:15 AM - 11:30 AM ........ 13 6 9 25 10 13 5 29 11:30 AM - 11:45 AM ........ 15 8 10 37 12 16 6 29 11:45 AM - 12:00 NOON ........ 14 8 11 34 10 14 9 28 12:00 NOON - 12:15 PM ....... 15 8 10 27 9 15 8 32 12:15 PM - 12:30 PM ....... 10 9 11 31 14 18 6 34 12:30 PM - 12:45 PM ....... 13 7 12 36 13 15 5 29 12:45 PM - 1:00 PM ........ 10 8 10 26 12 15 8 36 1:00 PM - 1:15 PM 9 6 9 15 12 8 9 25 11 16 11 35 1:15 PM - 1:30 PM 11 8 8 19 13 7 7 34 10 12 13 37 1:30 PM - 1:45 PM 8 8 11 16 12 6 7 38 14 13 15 32 1:45 PM - 2:00 PM 10 5 8 18 10 7 8 37 12 10 13 29 2:00 PM - 2:15 PM 8 6 10 19 12 11 9 33 10 12 10 32 2:15 PM -2:30 PM 8 7 9 21 16 10 8 37 11 13 8 29 2:30 PM - 2:45 PM 10 4 10 13 18 8 9 37 16 15 10 29 2:45 PM - 3:00 PM 9 9 11 18 16 7 10 33 14 12 9 31 3:00 PM - 3:15 PM 8 7 8 20 .............. 3:15 PM -3:30 PM 11 9 10 20 ................ 3:30 PM -3:45 PM 8 13 11 17 ................ ;3:45 PM - 4:00 PM 10 10 9 17 ................ 4:00 PM - 4:15 PM 5 7 10 18 ................ 4:15 PM - 4:30 PM 6 6 9 18 ................ 4:30 PM - 4:45 PM 9 7 10 20 ............... !4:45 PM - 5:00 PM 8 5 8 18 ................ Maximum 11 13 11 21 18 12 12 38 16 18 15 37 Table 2 Project Traffic Generation Trips Generated Trips Generated Time Period Per TSF2 by 6.4 TSF Morning Peak Hour Inbound 0.79 5 Outbound 0.52 3 Total 1.31 8 Evening Peak Hour Inbound 1.90 12 Outbound 1.90 12 Total 3.80 24 Daily 36.08 231 Source: Institute of Transportation Engineers (ITE), Trip Generation, 6th Edition, 1997, Land Use Category 817 - Nursery (Garden Center). 2 TSF = Thousand Square Feet 8 Kunzman ,4ssoeiates Figure 1 Project Locetion Mep Main Street Site Sixth Street 2688/1 Figure 2 Site Plen UUUU Kunzman Associates 2688/2 10 APPENDIX A City of Tustin Parking Code Requirements TUSTIN CITY CODE ZONING (e) Minimum front yard setback: None, 10 fe~t when frontage abuts a lot in an "E" District, unless otherwis~ shown on'Zoning Map (O Minimum side yard setback: None, 10 feet when side abuts lot in "R" District, unle_~_ otherwise shown on Zoning Map (g)Minimum rear yard setback: None,/~ feet when abutting an alley (h)Off-street parking: As specilled in us~ permit (Ord. No. 157, Sec. 4.9 and Ord. No. 311) 9235 COMMERCIAL GENERAL DISTRICT (CG) a PUl-pO.se To provide for and encourale the orderly development of commercial areas throughout the City in accordance with the Land Use Element of the General Plan, which will serve the demand for a wide variety ofgoo~ and services. b Permitted Uses The following uses, or unllzted uses which, in the opinion of the Planning Commission, are resolved to b~ similar, will only bz allowed in the Commercial General District. (1) Any use authorized in the Central Commerci~.l District (C-2) unless otherwise listed as a conditionally permitted use in this Commercial General (CG) District. (Ord. No. 896, Seca. 9, 10, 11.21.83) (2) Retail businesses, exemplified by the following list when conducted within a building: (a) Co) (c) (d) (0 (i) (k) (m) (n) (o) (p) (q) (r) (s) (t) Antiques and curios Art goods Appliance stores Bakeries Bicycle sales (including repairs) Books and stationary Ceramics (not including molding, casting or manufacturing by any process) Clothing Confectionery Department stores Drug Store (including sundries and notion.s) Dry goods Florist shops Food market Hardware (but not including equipment rentals) Household goods and furnishings Jewelry stores (including repair and watchmaking) Leather goods Reserved (Ord. No. 896, Sec. 1 I, 11-21-83) Musical supplies and instruments R F.V: 1.93 LU.2-42 TUSTIN CITY CODE ZONING ,., 9234b!u) (u) (v) (w) (x) (.y) (z) (aa) ('ob) (~c) News stancLs Office supplies and equipment. Paint and wsllpa~r Radio and TV stores and ~erv!ce Real estate off"ices Reltffious supplies Shoe stores Sporting good~ [but not including beat and motor sales) Variety store Ofl'.s[te alcoholic beverage r~es located within a buLlcth~g and permitted business with at least ~n thousand (1§,(;00} square feet of gross floor area and where the alcoholic beverage sales a~ea wtthh~ '.ha buLlding occupies no mots than ten (10) percent of the gross flcor area (Ord. No. 1101, Sec. lC, 11.16-92} (3) Service business, exemplified by the following sales Incidental thereto, when con. dueted within a building. (a) Banks and flnan~ companies (including those pr~)vidlng drive. In service) (b) Barber shops (c) Beauty parlor (d) Blueprinting (e) Coin-operated dry cleaning establishments (provided no pressing ts done on the premises) (0 Coin-operated ~el£.aervtce laundromats (g) Dry-cleaning and laundry agencies (r, ick.up and delivery only) Ch) Interior decorator (i) Job printing Locksmith (k) Photograph gallery (i) Public utility bus[ness off'ices ~.excludlng corporation yards) (m) Restaurants (not including drtvc-[ns) (n) Seamstress and/or millinery ~hop (o) Shoe ancUor luggage repair shop (p) Studios (q) Tailor shop (r) Telephone answering ser'zice (s) Travel agency (t) Typing and addressing service c Conditionally Permitted Uses The following additional uses sro permitted in the CG District subject to approval ofu use permit: (a) Amusement and recreation facilities REV: 1-93 LU.2.4 2.1 · TUSTIN CITY CODE ZONING 9235c(a.1) (a.l) (c) (d) (e) (g) (k) (1) (m) (n) (o) (p) (q) (r) (s) (t) (u) (v) (w) (x) {aa) Amusement resorts, arcades and private recreational facilities, and video and vend. ing machines and such other contrivances in excess of five (5) which are incidental to the principal business. Any development in excess of five (5) acres in total parcel space Automobile vehicle sales Automobile supplies and services C,~Y' /~U~t$/'l~ ~ Bakeries, wholesale Billiard parlors and pool hall~ Bowling alley Building supply Business ~chool Churches, schools, and public places of assembly Cleaning and laundry esLablishmenta (on premises) Clubs Drive-in and take-out establishmente for food or services Fraternal organizations and lodge Health clubs, massage esLablishmente, figure model studios, and gymnasiums Manufacturing. fabrication, distribution t'acilities occupying less than 50 percent floor area and less than 150 percent of operations Mortuaries Motels and hotels Nursery schools Outdoor markets and sales establishments Pet shops Rest homes and convalescent hospital facilities 8ervica stations Small animal hospitals or clinics Social halls Theaters Veterinarian services Other uses which in the t,pi,i,,n ,,r the Planning Commission are of u ~imilur nature REV: 1.93 LU-2-4 2.2 TUSTIN CITY CODE ZONING 9235c(cc). (cc) Reserved (dd) Alcoholic beverage sales establishments subject to the following criteria: Off-site alcoholic beverage sales located in a building and permitted business with less than fifteen thousand (15,000) square feet of gross floor area, or where the off-site alcoholic beverage sales area within the building occupies more than ten (10) percent of the gross floor area, shall be located a minimum distance of.' 100 feet from any residentially zoned or used properties. 300 feet from any other existing off-site sales establishment. 600 feet from any church, public or private school, playground, or hospital. (Ord. No. 920, Sec. 4, 11-19-84; Ord. No. 981, Sec. 8, 5-4-87; Ord. No. 1101, Sec. IH, 11-16-92) (ce) Development or construction of new building structures where more than fifty per- cent (50%) of the total floor area is designated for occupancy by professional or general offices. (fO Convenience stores. (Ord. No. 981, Sec. 7, 5-4-87) (Ord. No. 699, Sec. 4; Ord. No. 888, Sec. 2, 8-1-83; Ord. No. 896, Sec. 12, 11-21-83) d 'Restricted Uses (1) No warehousing or storage other than accessory storage of commodities sold at retail on the premises shall be permitted except as otherwise provided by this Section. (2) No manufacturing, processing or treatment of products other than that which is clearly indicated to the retail business conducted on the premises shall be permitted. (3) Not more than five (5) persons shall be engaged on the premises in the incidental manufacturing, processing or treatment of products as permitted herein. (4) None of the above listed uses or any other use determined to be permitted shall maintain any outside storage or work areas. Nor shall there be any storage of any commercial vehicle normally .associated with any of the permitted uses. Provided further than any use permitted herein requiring such vehicle shall provide a perma- nent parking and/or loading space for such vehicle. (5) No residential use shall be permitted in any structure used for commercial purposes, except for caretaker facilities incidental to the permitted use. Lirnitations and Exceptions (1) Use of properties zoned other than "CG," for general commercial purposes Where property classified for "CG" uses has a depth of t:vo hundred (200) feet or less. as measured at right angles from the street frontage indicated as business frontage, additional adjoining property may be used for commercial purposes when such ad- joining, property fronts upon the .side street, and the side of such adjoining property abuts upon the property classified fi)r "CG" purposes. The additional property so used REV: 1-93 LU-2-42.3 TUSTIN CITY CODE ZONING 9235e (2) (3) f (1) shall be a part of and an extension of the particular use occupying the corner property. The use of subject property shall require approval of a conditional use permit. Exception to height limitations Height limitations of this Section may be exceeded for those structures removed more than 200 feet from any single-family residential zone, subject to approval of a condi- tional us~ permit. Exception to setback requirements Exceptions to the general setback requirements of this Section shall be made only in conformance wtt~ the development criteria of specific plans as approved by the City Council. Development Standards Maximum structural height The m-Tlmum height of any building or structur~ shall not exceed three stories nor · thirty-five (35) feet; provided, however, that pe~thous~ or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operat~ and maintain the buildings, and fir~ or parapet walls, skylights, towers, roof signs, flagpoles, chimneys, smokestacks, wireless masts or similar structures may exceed such height limit; provided no spac~ abov~ such height limit shall be · allowed for the purpose of providing additional floor space. (2) Structural setbacks (a) Front yard .A minimum of ten (10) feet front structural setback shall be required from the ultimat~ street right of way line. ('o) Side yard A minimum of ten (10) feet side yard structural setback shall be required from the ultimat~ street right of way line or adjoining residential lot. Otherwise, no side yard setback shall be required. (c) l~ar yard Where any commercially zoned property mars upon the rear or side yard of property classified for single-family residential purpo~s, there shall be a rear yard of not less than fifteen (15) feel Wher~ the commercial property rears upon an alley or private drive easement, there shall be a rear yard s~tback ot; not less than five (5) feet. Otherwise, no rear yard need be provided. REV: 1-93 LU.2.42.4 TUSTIN CITY CODE ZONING 3. .~g requirements (a) Parking design Parking areas shall be designed and landscaped in accordance with the criteria contained in Guidelines for Planning. Zoning and Development as ad(:l,~,,d by the City Council. Co) Off-street parking requirements (1) Retail stores: I parking space for each 200 sq~mre feet of.' floor are~ wed for retail sales or storage, excluding equipment rooms, elevator~, and stairways. (2) Banks and office buildings: 1 parking space for each 250 square feet of gross floor area, calculated to be all floor space under roof. (Ord. No. 963, Sec. 2C, 1-20-86) (3) Restaurants: 1 parking space for each 3 seats plus I space for each 300 square feet used for kitchen, storage, or f~od preparation. (4) Assembly areas: 1 parking space for each 3 ~eats, based upen total occu- pancy load of the assembly area, plus I space per each 300 square feet of · ervice area. (5) Medical-dental offices and clinic~: 6 parking spaces per each 1,000 square feet, or portion thereof, of .gross floor area, calculated to be all floor space under roof. (6) Combined sales and assembly or processing facilities: 1 parking space for each 200 square feet of total retail sales floor area plus 1 parking space for each 500 square feet of floor &rea for service, storage or processing. (7)Service stations: 6 spaces per service .q~tion site, in addition to inside bays. (8) Hotels and motels: I space for each guest unit plus accommodations for resident manager and. auxiliary facilities. (9) Unclassified uses: Authorized but unclassified uses shall provide parking accommodations equivalent to the standards for comparable uses. 4. Lot coverage Commercial sites may have 100 percent lot coverage less that required for landscap. lng and parking requirements. 5. Lot size (building site) A building site shall occupy not less than a 3,000 square foot parcel. 6. Refu~ storage requirements Refuse ~torage areas shall conform to the standard~ and criteria contained in the Guidelines for Planning, Zoning and Development, as adopted by the City Council. 7. Street dedication Highway dedication and improvements shal! be as required by Section 927 lx. REV:I~6 LU.2-43 TusTrN CITY CODE ZONING 9235f~ 8. Suffix (supplemental provisions) Properties designated "CG.pUD" on the Zoning Map shall require the submission and approval of design plans for a use permi~ pursuant to the requirements for Planned Unit Developments. Use Criteria-Office Development 1. Office developments within the Commercial General District (CG) shall conform to retail commercial use parking standards for the first floor area unless otherwise specifically exempted pursuant to the approved conditional use permit. 2. Findings, including but not limited to the following, shall be made by the Planning Commission prior to approving a conditional use permit for construction of a building wher~ greater than fifty (50).percent of the total floor area, or any portion of the ground floor area is designated for occupancy by office uses. (a) Development or construction of professional or general office buildings would be more compatible with tha surrounding uses in the area than permitted retail commercial uses on the subject property. Development or construction of buildings restrt~ to a mixture of uses in which the retail commercial floor area exceeds fifty (50) percent of the total building floor area are exempt from office development usz criteria. (Ord. No. 654; Ord. No. 896, Sec. 13, 11-214~3) , REV: LU.2-44 ATTACHMENT D Photographs of Building Placement © 0 "0 0 c~ 0 ATTACHMENT E Example photographs ATTACHMENT F Submitted Letter of Support GILBREATH FAMILY ENTERPRISES, LLC June 26, 2003 To Whom it May Concern City of Tustin 300 Centennial Way Tustin, CA, 92780 520 South El Camino Real Tustin, California 92780 Ph. 714-993-4430 Fx. 714-993-4589 We own the property which is directly across the street from the proposed Armstong Garden Center on El Camino Real [Jamestown Village Center]. I am writing to encourage approval of the Armstrong Garden Center. Armstrong has provided us with a rendering of the proposed center. The center will be a welcome addition to the area and will serve to draw shoppers to Old Town. The building and grounds, as shown on the rendering, are beautiful and in keeping with the Old Town ambience. The Garden Center is well laid out and accessible. The building actually reminds me of the old packing house over on Newport. This property has been vacant ever since I arrived in Tustin in 1955. This is a great opportunity to develop one of the vacant parcels in Old Town with a quality operation that fits in perfectly with the surrounding businesses. A bonus is that Armstrong's is a reliable, well known company, which has been in business for many years. Some of the previously vacant parcels are finally starting to be developed in Old Town. Having these vacant parcels has held Old Town back for many years. Now we have a great opportunity to involve a quality operation, with a beautiful plan, in Old Town. I can't understand any reluctance about this. This is a great project that can go forward now. It mak~es no sense to place so many burdens on an organization that they give up. They have to find a less desirable site, and we sit with another vacant Old Town parcel, waiting for some "pie in the sky" project, that may not even start for 5-10 years. In any case, we are firmly behind the project and encourage its earliest approval. Spencer Gilbreath Manager Cc: Joseph Amaral - Armstrong Garden Centers ATTACHMENT G Alternate Site Plan & Building Elevations ATTACHMENT H Excerpts of the "Visions of Old Town" 0 o 0 E] 0 0~~ / / U Z 0 < 0 Z < ATTACHMENT I Resolution 3880 RESOLUTION NO. 3880 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING THAT THE CITY COUNCIL APPROVE TENTATIVE PARCEL MAP 2003-131 TO SUBDIVIDE FOUR (4) EXISTING PARCELS (4.09 ACRES) LOCATED AT THE NORTHEAST CORNER OF SIXTH STREET AND EL CAMINO REAL INTO FOUR (4) NEW PARCELS AND DEVELOPMENT OF AN ARMSTRONG GARDEN CENTER ON THE NORTHERLY PARCEL The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application for Tentative Parcel Map No. 2003-131 was submitted by TJS Architects on behalf of John and Mary Prescott, L.P. requesting approval to subdivide four existing parcels (4.09 acres) located at the northeast corner of Sixth Street and El Camino Real into four (4) new parcels and development of an Armstrong Garden Center on the northerly parcel (assessor parcel numbers 401-623-08 to 401- 623-11); B. That a public hearing was duly called, noticed, and held for said map on July 14, 2003, by the Planning Commission; C. That the proposed subdivision is in conformance with the Tustin General Plan land use designation of Community Commercial and the Central Commercial and Parking Overlay in that these designations provide for the development of retail commercial projects; D. As conditioned, the map would be in conformance with the State Subdivision Map Act and the Tustin City Code Section 9323 (Subdivision Code); E. That the site is physically suitable for the type of development proposed; F. That the site is physically suitable for the proposed density of the development; G. That the design of the subdivision or the types of improvements proposed are not likely to cause serious public health problems. H. That the parcel map or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife in their habitat; and, Resolution No. 3880 Tentative Parcel Map 2003-131 July 14, 2003 Page 2 The parcel map is Categorically Exempt pursuant to Section 15315, Class 15 of Title 14, Chapter 3, of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Planning Commission hereby recommends that the City Council approve Tentative Parcel Map 2003-131 to subdivide four existing parcels (4.09 acres) located at the northeast corner of Sixth Street and El Camino Real into four (4) new parcels and development of an Armstrong Garden Center on the northerly parcel, subject to the conditions contained in Exhibit A attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 14th day of July, 2003. ELIZABETH A. BINSACK Planning Commission Secretary 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 Planning Commission of the City of Tustin, California; that Resolution No. 3880 duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 14th day of July, 2003. Planning Commission Secretary EXHIBIT A TENTATIVE PARCEL MAP 2003-131 RESOLUTION NO. 3880 CONDITIONS OF APPROVAL 1.1 (1) 1.2 The proposed Project shall substantially conform with the submitted plans for the project date stamped July 14, 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 to be consistent with the provisions of the Tustin City Code and other applicable codes. Approval of Tentative Parcel Map 2003-131 is contingent upon the applicant returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the' property owner signing and recording with the County Clerk-Recorder a notarized "Notice of Discretionary Permit Approval and Conditions of Approval" form. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. (1) 1.3 As a condition of approval of Tentative Parcel Map 2003-131, 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) 1.4 Within 24 months from tentative map approval, the subdivider shall record with appropriate agencies a final map prepared in accordance with subdivision requirements of the Tustin Municipal Code, the State Subdivision Map Act, and applicable conditions contained herein unless an extension is granted pursuant to Section 9323 of the Tustin Municipal Code. Time extensions may be considered if a written request is received by the Community Development Department within thirty (30) days prior to expiration. SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODEIS (4) DESIGN REVIEW *** EXCEPTION (s) (6) (7) RESPONSIBLE AGENCY REQUIREMENT LANDSCAPING GUIDELINES PC/CC POLICY Exhibit A Tentative Parcel Map 2003-131- Conditions of Approval Resolution No. 3880 Page 2 The subdivider shall conform to all applicable requirements of .the State Subdivision Map Act, the City's Subdivision Ordinance, and the City's zoning regulations. (5) 1.6 The subdivider shall be required to execute subdivision/monumentation agreements and provide improvement/monumentation bonds to the City prior to recordation of the final map. (1) 1.7 Prior to final map approval, the subdivider shall submit: A. A current title report; and, A duplicate mylar of the Final Map, or 8~ inch by 11 inch transparency of each map sheet prior to final map approval and "as built" grading, landscape, and improvement plans prior to Certificate of Acceptance. (c) 2.1 Prior to approval of the final map, all organizational documents for the project including CC&Rs shall be submitted to and approved by the Community Development Department and the City Attorney. The applicant is responsible for costs associated with the review of these documents. A copy of the final documents shall be submitted to the Community Development Department within five (5) days after their recordation. These provisions shall include, but not be limited to, the following: Ao The City shall be included as a party to the CC&Rs for enforcement purposes of those CC&R provisions in which the City has interest, as reflected in the following provisions. However, the City shall not be obligated to enforce the CC&Rs. B. A covenant of easement for ingress, egress, parking, and a common trash enclosure shall be established. C. Maintenance association bylaws shall be established. D. Provisions for effective establishment, operation, management, use, repair, and maintenance of all common areas and facilities including landscaped areas, walls and fences, driveways, walks, parking spaces, utilities, and trash enclosures shall be included. Eo Membership in the maintenance association shall be inseparable from ownership in individual lots. F. Maintenance standards shall be provided for applicable items listed in Section D. Examples of maintenance standards are shown below: Exhibit A Tentative Parcel Map 2003-131- Conditions of Approval Resolution No. 3880 Page 3 S. Ho J. , All common area landscaping shall be properly maintained such that it is evenly cut, evenly edged, free of bare or brown spots, debris, and weeds. All trees and shrubs shall be trimmed so they do not impede pedestrian traffic along the walkways. Trees shall be pruned so they do not intrude into neighboring properties and shall be maintained so they do not have droppings or create other nuisances to neighboring properties. All trees shall also be root pruned to eliminate exposed surface roots and damage to sidewalks, driveways, and structures. . All private driveways and sidewalks shall be maintained so that they are safe for users. Significant pavement cracks, pavement distress, excessive slab settlement, abrupt vertical variations, and debris on travel-ways should be removed or repaired promptly. . Common areas and facilities shall be maintained in such a manner as to avoid the reasonable determination of a duly authorized official of the City that a public nuisance has been created by the absence of adequate maintenance such as to be detrimental to public health, safety, or general welfare, or that such a condition of deterioration or disrepair causes harm or is materially detrimental to property values or improvements within three hundred (300) feet of the property. Parking spaces, driveways, sidewalks, and other access to the site and buildings shall not be permanently or irrevocably assigned to any individual unit, tenant, or building. The minimum required number of accessible parking spaces required by the Americans with Disabilities Act (ADA)' shall be maintained on each of the properties. All utility services serving the site shall be installed and maintained underground. The maintenance association shall be required to file the name, address, and telephone number of at least one member of the association before January 1st of each year with the Community Development Department for the purpose of contacting the association. The maintenance association shall inform and disclose all new members of the association upon purchase or a lease agreement on limitation of use of the shared access, driveways, and all common areas and facilities. Exhibit A Tentative Parcel Map 2003-131- Conditions of Approval Resolution No. 3880 Page 4 K. No amendment to alter, modify, terminate, or change the maintenance association's obligation to maintain the common areas and facilities or other CC&R provisions in which the City has an interest, as noted above, or to later modify, terminate, or change the City's right to enforce maintenance of the common areaS and facilities shall be effective without prior written approval of the Community Development Department. PUBLIC WORKS DEPARTMENT (1) 3.1 The subdivider shall satisfy dedication and/or reservation requirements as applicable, including but not limited to, dedication of all required street and flood control right-of-way easements, vehicular access rights, sewer easements and water easements defined' and approved as to specific locations by the City Engineer and other agencies. 3.2 Reciprocal ingress, egress, parking, and pedestrian easements shall be .provided between all parcels. (1) 3.3 Prior to issuance of grading permit, the applicant shall prepare a Tentative Parcel Map consistent with City of Tustin Subdivision Manual. 3.4 Subdivider's execution of a subdivision/monumentation agreement and furnishing the improvement/monumentation bonds as required by the City Engineer prior to recordation of the final map. (1) 3.5 Prior to recordation of 'the Final Map, the applicant shall provide fire protection access easements and dedicate them to the City. The easements shall be located within unobstructed areas and clear access shall be provided at all times. (1) 3.6 Preparation and recordation of a final subdivision map will be required. (1) 3.7 Upon recordation of the Final' Map, the applicant shall obtain a new address from the Engineering Division. (1) 3.10 Applicant shall relocate the meters and meter boxes into the public right of way. (1) 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 ,Exhibit A Tentative Parcel Map 2003-131- Conditions of Approval Resolution No. 3880 Page 5 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 Release 14. Drawings created in AutoCAD Release 13 or Release 12 are compatible and acceptable. 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. (1) 4.1 The applicant shall submit to the City of Tustin any additional CC&R Review fee required at the time of submittal. The CC&R Review fee includes one initial check and recheck of the document. If subsequent review is required, an hourly fee of $190' per hour (or rate in effect at the time of submittal) for City Attorney and $50 per hour (or rate in effect at the time of submittal) for Planning staff is required. (1) 4.2 Within forty-eight (48) hours of approval of the subject project, the aPplicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in' the amount of 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. ATTACHMENT D CITY COUNCIL REPORT City Council Resolution No. 03-92 RESOLUTION NO. 03-92 A RESOLUTION OF THE CITY OF TUSTIN CITY COUNCIL APPROVING TENTATIVE PARCEL MAP 2003-131 TO RESUBDIVIDE A 4.09 ACRE SITE LOCATED AT THE NORTHEAST CORNER OF EL CAMINO REAL AND SIXTH STREET INTO FOUR (4) NEW PARCELS FOR THE PURPOSE OF DEVELOPING A GARDEN CENTER ON A 1.47-ACRE PARCEL AT THE NORTHWEST OF THE PROPERTY FOR A GARDEN CENTER The City Council of the City of Tustin does hereby resolve as follows: I. The City Council finds and determines as follows: A, That a proper application for Tentative Parcel Map 2003-131 was submitted by TJS Architects on behalf of the property owner (John A. and Mary Prescott L.P.) and Armstrong Garden Center requesting to resubdivide a 4.09 acre site (located at the northeast corner of El Camino Real and Sixth Street) into four (4) new parcels to develop a garden center on a 1.47-acre parcel at the northeast of the property; B, That a public hearing was duly called, noticed, and held for said map on July 14, 2003, by the Planning Commission and the Planning Commission adopted Resolution No. 3880 recommending that the City Council approve Tentative Parcel Map 2003-131; C, That a public hearing was duly called, noticed, and held for said map on July 21, 2003, by the City Council; O. That the proposed subdivision is in conformance with the Tustin Area General Plan, MCAS Tustin Specific Plan, State Subdivision Map Act and the City's Subdivision Code; Eo That the site is located within the Central Commercial (C-2) zoning district and Cultural Resources and Parking overlay Districts and is physically suitable for the type of development and proposed density of development; F, That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage, cause serious public health problems, or substantially and avoidably injure fish or wildlife in their habitat; G, The proposed subdivision is not located within a 100-year flood plain according to the Federal Emergency Management Agency map for the area dated August 9, 2002; City Council Resolution No. 03-92 July 21, 2003 Page 2 H, That the project is categorically exempt (class 15) pursuant to section 15315 of the California environmental quality act. That the driveway apron at the alley from Main Street would be reinstalled to comply with current Federal American with Disabilities Act (ADA) requirements. II. The City Council hereby approves Tentative Parcel Map 2003-131 to resubdivide a 4.09-acre site into four (4) new parcels to develop a garden center on a 1.47-acre parcel at the northeast of the property, subject to the conditions of approval contained in Exhibit A attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin City Council held on the 21st day of July, 2003. TRACY WILLS WORLEY MAYOR PAMELA STOKER CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) SS I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 03-92 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 17th day of March, 2003, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER CITY CLERK EXHIBIT A TENTATIVE PARCEL MAP 2003-131 RESOLUTION NO. 03-92 CONDITIONS OF APPROVAL GENERAL (1) 1.1 (1) 1.3 The proposed Project shall substantially conform with the submitted plans for the project date stamped July 14, 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 to be consistent with the provisions of the Tustin City Code and other applicable codes. Approval of Tentative Parcel Map 2003-131 is contingent upon the applicant returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the property owner signing and recording with the County Clerk-Recorder a notarized "Notice of Discretionary Permit Approval and Conditions of Approval" form. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. As a condition of approval of Tentative Parcel Map 2003-131, the applicant shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third- party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision-making body, including staff, concerning this project. The City agrees to promptly notify the applicant of any such claim or action filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in defense of any such action under this condition. SOURCE CODES (1) STANDARD CONDITION (2) (3) (4) CEQA MITIGATION UNIFORM BUILDING CODE/S DESIGN REVIEW EXCEPTION (5) (6) (7) RESPONSIBLE AGENCY REQUIREMENT LANDSCAPING GUIDELINES PC/CC POLICY City Council Resolution No. 03-92 July 21, 2003 Page 2 (1) 1.4 (1) 1.5 (5) 1.6 CC&Rs (c) 2.1 Within 24 months from tentative map approval, the subdivider shall record with appropriate agencies a final map prepared in accordance with subdivision requirements of the Tustin Municipal Code, the State Subdivision Map Act, and applicable conditions contained herein unless an extension is granted pursuant to Section 9323 of the Tustin Municipal Code. Time extensions may be considered if a written request is received by the Community Development Department within thirty (30) days prior to expiration. The subdivider shall conform to all applicable requirements of the State Subdivision Map Act, the City's Subdivision Ordinance, and the City's zoning regulations. The subdivider shall be required to execute subdivision/monumentation agreements and provide improvement/monumentation bonds to the City prior to recordation of the final map. Prior to final map approval, the subdivider shall submit: Ao A current title report; and, A duplicate mylar of the Final Map, or 8~ inch by 11 inch transparency of each map sheet prior to final map approval and "as built" grading, landscape, and improvement plans prior to Certificate of Acceptance. Prior to approval of the final map, all organizational documents for the project including CC&Rs shall be submitted to and approved by the Community Development Department and the City Attorney. The applicant is responsible for costs associated with the review of these documents. The approved CC&Rs shall be recorded prior to, or concurrently with, recordation of the final map. A copy of the final documents shall be submitted to the Community Development Department within five (5) days after their recordation. These provisions shall include, but not be limited to, the following: Ao The City shall be included as a party to the CC&Rs for enforcement purposes of those CC&R provisions in which the City has interest, as reflected in the following provisions. However, the City shall not be obligated to enforce the CC&Rs. B. A covenant of easement for ingress, egress, parking, and a City Council Resolution No. 03-92 July 21, 2003 Page 3 common trash enclosure shall be established. C. Maintenance association bylaws shall be established. Do Provisions for effective establishment, operation, management, use, repair, and maintenance of all common areas and facilities including landscaped areas, walls and fences, driveways, walks, parking spaces, utilities, and trash enclosures shall be included. E, Membership in the maintenance association shall be inseparable from ownership in individual lots. Fo Maintenance standards shall be provided for applicable items listed in Section D. Examples of maintenance standards are shown below: I . All common area landscaping shall be properly maintained such that it is evenly cut, evenly edged, free of bare or brown spots, debris, and weeds. All trees and shrubs shall be trimmed so they do not impede pedestrian traffic along the walkways. Trees shall be pruned so they do not intrude into neighboring properties and shall be maintained so they do not have droppings or create other nuisances to neighboring properties. All trees shall also be root pruned to eliminate exposed surface roots and damage to sidewalks, driveways, and structures. , All private driveways and sidewalks shall be maintained so that they are safe for users. Significant pavement cracks, pavement distress, excessive slab settlement, abrupt vertical variations, and debris on travel-ways should be removed or repaired promptly. , Common areas and facilities shall be maintained in such a manner as to avoid the reasonable determination of a duly authorized official of the City that a public nuisance has been created by the absence of adequate maintenance such as to be detrimental to public health, safety, or general welfare, or that such a condition of deterioration or disrepair causes harm or is materially detrimental to property values or improvements within three hundred (300) feet of the property. G. Parking spaces, driveways, sidewalks, and other access to the City Council Resolution No. 03-92 July 21, 2003 Page 4 site and buildings shall not be permanently or irrevocably assigned to any individual unit, tenant, or building. The minimum required number of accessible parking spaces required by the Americans with Disabilities Act (ADA) shall be maintained on each of the properties. H, All utility services serving the site shall be installed and maintained underground. The maintenance association shall be required to file the name, address, and telephone number of at least one member of the association before January 1st of each year with the Community Development Department for the purpose of contacting the association. J, The maintenance association shall inform and disclose all new members of the association upon purchase or a lease agreement on limitation of use of the shared access, driveways, and all common areas and facilities. Ko No amendment to alter, modify, terminate, or change the maintenance association's obligation to maintain the common areas and facilities or other CC&R provisions in which the City has an interest, as noted above, or to later modify, terminate, or change the City's right to enforce maintenance of the common areas and facilities shall be effective without prior written approval of the Community Development Department. PUBLIC WORKS DEPARTMENT (1) 3.1 (1) 3.2 The subdivider shall satisfy dedication and/or reservation requirements as applicable, including but not limited to, dedication of all required street and flood control right-of-way easements, vehicular access rights, sewer easements and water easements defined and approved as to specific locations by the City Engineer and other agencies. Reciprocal ingress, egress, parking, and pedestrian easements shall be provided between all parcels. (1) 3.3 Prior to issuance of grading permit, the applicant shall prepare a Tentative Parcel Map consistent with City of Tustin Subdivision Manual. City Council Resolution No. 03-92 July 21, 2003 Page 5 (1) 3.4 Subdivider's execution of a subdivision/monumentation agreement and furnishing the improvement/monumentation bonds as required by the City Engineer prior to recordation of the final map. (1) 3.5 Prior to recordation of the Final Map, the applicant shall provide fire protection access easements and dedicate them to the City. The easements shall be located within unobstructed areas and clear access shall be provided at all times. (1) 3.6 Preparation and recordation of a final subdivision map will be required. (1) 3.7 Upon recordation of the Final Map, the applicant shall obtain a new address from the Engineering Division. (1) 3.8 Applicant shall relocate the meters and meter boxes into the public right of way. (1) 3.9 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, 6~ADD drawings must be in AutoCAD "DWG" format (i.e., produced using AutoCAD or AutoCAD compatible CADD software). The most current version of AutoCAD is Release 14. Drawings created in AutoCAD Release 13 or Release 12 are compatible and acceptable. (1) 3.10 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. FEES (1) 4.1 The applicant shall submit to the City of Tustin any additional CC&R Review fee required at the time of submittal. The CC&R Review fee includes one initial check and recheck of the document. If subsequent review is required, an hourly fee of $190 per hour (or rate in effect at the City Council Resolution No. 03-92 July 21, 2003 Page 6 time of submittal) for City Attorney and $50 per hour (or rate in effect at the time of submittal) for Planning staff is required. (1) 4.2 Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of 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.