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HomeMy WebLinkAboutPC RES 4329 RESOLUTION NO. 4329 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN APPROVING CONDITIONAL USE PERMIT 2015-22 AND DESIGN REVIEW 2015-016 TO ENLARGE AND CONVERT AN EXISTING OFFICE/ COMMERCIAL BUILDING TO A RESTAURANT AND AUTHORIZE ON-SITE ALCOHOLIC BEVERAGE SALES FOR BEER, WINE, AND DISTILLED SPIRITS (ABC LICENSE TYPE "47") IN CONJUNCTION WITH A RESTAURANT WITH AN OUTDOOR SEATING AREA AND TO SATISFY REQUIRED ON-SITE PARKING THROUGH THE OLD TOWN PARKING EXCEPTION PROGRAM AT 215-217 EL CAMINO REAL. The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. A proper application was filed by Leason Pomeroy III of LP3 Architecture, requesting to enlarge and convert an existing office/commercial building to a restaurant and to authorize on-site alcoholic beverage sales for beer, wine, and distilled spirits (ABC License Type "47") in conjunction with a bona fide restaurant located in a 3,487 square foot building and the establishment of an approximately 310 square foot outdoor seating area and a parking exception of twenty (20) parking spaces for the property located at 215-217 EI Camino Real. B. The project site is located within the Central Commercial (C2) Zoning District, the Cultural Resource (CR) Overlay District, and the Combining Parking (P) District and has a General Plan land use designation of Old Town Commercial which provides for a variety of retail and service commercial uses including restaurant uses. Pursuant to Tustin City Code (TCC) Section 9352J3(d)(3)(d), the proposed project requires approval from the Planning Commission in order to satisfy all or a portion of required on- site parking spaces through an Old Town parking exception. Pursuant to TCC Sections 9233b(1) and 9232b(2), alcoholic beverage sales establishments are conditionally permitted in the C2 Zoning District. Pursuant to Sections 9272 and 9277 of the TCC, Design Review (DR) approval is required for enlargements of existing structures and outdoor restaurant seating areas. In addition, the project has been reviewed for consistency with the Air Quality Sub-element of the City of Tustin's (the City) General Plan and has been determined to be consistent with the Air Quality Sub-element. C. The proposed restaurant use is located in a commercial building and commercial corridor where a variety of retail and restaurant uses are located. The characteristics of the proposed use and hours of operation would be similar to other restaurants in the vicinity. Resolution No. 4329 Page 2 D. That a public hearing was duly called, noticed,. and held for Conditional Use Permit (CUP) 2015-22 and DR 2015-016 on October 25, 2016, by the Planning Commission. E. That the establishment, maintenance, and operation of the proposed use will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare; the location, size, architectural features and general appearance of the proposed development will not impair the orderly and harmonious development of the area, the present or future development therein, the occupancy thereof, or the community as a whole of the City in that- 1. hat:1. The proposed sale of on-site alcoholic beverages in conjunction with an existing restaurant use is allowed within the C2 Zoning District with the approval of a CUP (TCC Section 9233(b)1 and 9232(b)2). 2. Pursuant to TCC Section 9271(dd), bona fide restaurants with on-site alcoholic beverage sales are exempt from distance separation requirements to residential uses, sensitive uses, and other alcoholic beverage sales establishments. 3. As conditioned, the proposed on-site consumption of beer, wine, and distilled spirits is consistent with the Alcoholic Beverage Sales Establishment Guidelines as amended by the Planning Commission and adopted by the City Council on May 21, 2001. 4. The existing and proposed on-site consumption of alcoholic beverages would be in conjunction with a restaurant use where food will be served at all times when alcoholic beverages are served. 5. The design for the building expansion and the outdoor restaurant seating_ area is compatible with the overall design of the building. 6. The outdoor restaurant seating area is included in the parking analysis for the restaurant use, which can be accommodated by the Parking Exception Program. 7. The restaurant is located within a commercial building and a commercial corridor along EI Camino Real where a variety of retail, office, and restaurant uses are located. The allowed restaurant hours of 8:00 AM to 12:00 AM daily for the interior seating and 8:00 AM until 11:00 PM daily for the outdoor seating are consistent with the characteristics of restaurant uses and hours of operation of the restaurant would be similar to other restaurants in the vicinity. 8. The restaurant, as proposed, is compatible and consistent with development within the commercial areas of Old Town Tustin. There are Resolution No. 4329 Page 3 commercial buildings providing the same type of use as proposed within the immediate vicinity of the project site. 9. The proposed development meets the findings required within Section 9352J3(d)(3)(d) of the TCC to allow for the granting of a parking exception. 10.The City previously prepared the Old Town Parking Study that concluded that there is a significant amount of available parking in the area. 11.The parking exception for this project is consistent with the City's goal of introducing customer-attracting commercial uses, replacing underutilized and vacant parcels, generating jobs, increasing the number of persons shopping and working in Old Town Tustin, and fostering economic development of the surrounding areas 12.The City's Police Department has reviewed the application and has no immediate concerns. F. The proposed project been found to be consistent with Ordinance No. 1416 which allows all or a portion of a project's required on-site parking spaces to be met through the payment of an annual fee intended to compensate the City for the proportional use and maintenance of public parking based upon the Planning Commission's determination that the project meets the following findings: 1. The proposed project is an infill project located within the commercial district of Old Town. The proposed business would be located within a newer in-fill building, constructed in 2003, that has been utilized for office uses. The Parking Exception Program agreement, which the applicant is requesting, would provide greater flexibility in uses and could aid in the conversion of this building to a restaurant use. The chiropractic office tenant plans to vacate the property and the new business owner is seeking more flexibility in meeting on-site parking requirements to allow for a restaurant use, which is anticipated to draw business to Old Town Tustin 2. The proposed project is considered to be relatively small. The project consists of an existing 2,715 square foot building on an approximately 7,375 square foot lot. This size is deemed to be relatively small in the realm of Southern California commercial real estate. 3. The proposed project has incorporated building or site design enhancements that make it an outstanding addition to Old Town Tustin. The existing in-fill building on the property is a unique contributor to the commercial building portfolio in Old Town Tustin as it was constructed to be sensitive to the character of Old Town Tustin. The proposed exterior building modifications are compatible with the existing building, and the Resolution No. 4329 Page 4 proposed outdoor restaurant seating complements Old Town Tustin's design and character, and enhances the pedestrian environment. 4. The proposed project provides some onsite parking, but is aestheticall superior to one that provided all reouired parking on site. The property currently provides .six (6) on-site parking spaces for the existing office building, but four (4) of these parking spaces would be removed .in conjunction with the proposed expansion of the building. To accommodate the restaurant use, the applicant has agreed to enter into a Parking Exception Agreement. A total of twenty-two (22) parking spaces are required for the intended use of a restaurant with an outdoor restaurant seating area, and the majority of the required spaces would be satisfied through the Parking Exception Program agreement. 5. The project applicant is conditioned to pay an annual fee for each public space not provided on site. The applicant is aware of the required annual fee of sixty dollars ($60) per parking space established by the City Council. In addition, the applicant is also aware that the fee is subject to change as determined by the City Council. The conditions of approval require. payment of the annual fee. G. The Old Town Parking Exception Fee was established at sixty dollars ($60.00) per space through City Council Resolution No. 12-27 and the applicant has requested parking exception and agreed to pay an annual fee for spaces not provided on-site. H. As part of its Capital Improvement Program, the City is in the process of establishing consistent design standards for parklets that will be installed within the public right-of-way to accommodate outdoor seating areas along Main Street and EI Camino Real in Old Town Tustin. The Community Development Director is authorized to approve amendments to the Revocable License Agreement and the Parking Exception Agreement, if applicable, to accommodate additional outdoor restaurant seating within a future parklet adjacent to the site. I. This project is Categorically Exempt pursuant to Section 15301, Class 1 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Planning Commission hereby approves CUP 2015-22 and DR 2015-016 authorizing' the enlargement and conversion of an existing office/commercial building to a restaurant with on-site beer, wine, and distilled spirit sales (ABC License Type 47) and an outdoor restaurant seating area and a parking exception of twenty (20) parking spaces for the property located at 215-217 EI Camino Real, subject to the conditions contained within Exhibit A, attached hereto. Resolution No. 4329 Page 5 PASSED AND ADOPTED by the Planning Commission of the City ofTustin at a regular meeting on the 25th day of October, 2016. AUSTIN LUD Chairperson ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN 1, Elizabeth A, Binsac,k, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4329 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 25th day of October, 20,16. PLANNING COMMISSIONER AYES.- Kozak, Lumbard, Smith �3) PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: Mason, Thompsmi (2) ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A RESOLUTION NO. 4329 CONDITIONAL USE PERMIT 2015-22 DESIGN REVIEW 2015-016 CONDITIONS OF APPROVAL GENERAL (1)-1.1 The proposed use-shall substantially conform with the submitted plans for the project date stamped October 25, -2016, 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 during plan check if such modifications are to be consistent with the provisions of the Tustin City Code and other applicable codes. (1) 1.2 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) 1.3 This approval shall become null and void unless the use is established within twelve (12) months of the date of this Exhibit. Time extensions may be granted if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.4 Approval of Conditional Use Permit 2015-22 and Design Review 2015-016 .is contingent upon the applicant and property owner signing and returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the property owner signing and recording with the County Clerk-Recorder a notarized "Notice of Discretionary Permit Approval and Conditions of Approval' form. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. (1) 1.5 This condition shall serve as a pre-citation and to inform the responsible person(s) of the compliance requirements pursuant to the Tustin City Code (TCC) and/or other applicable codes, laws, and conditions. Failure to comply with the conditions of approval set forth herein may result in the issuance of an administrative citation pursuant to TCC 1162(a). Fines may be assessed by means of an administrative citation as follows: one hundred dollars ($100.00) for a first violation; two hundred dollars ($200.00) for a second violation of the same ordinance or permit within one (1) year of the first violation; or five hundred dollars ($500.00) for a third or any further violation of the same ordinance or permit within one (1) year of the first violation. Building and Safety Code (TCC Sec. 8100—8999) violations may be assessed at one SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODEIS (7) PCICC POLICY (4) DESIGN REVIEW *** EXCEPTION Exhibit A Resolution No. 4329 Page 2 hundred dollars ($100.00) for a first violation; five hundred dollars ($500.00) for a second violation of the same ordinance or permit within one (1). year of the first violation; or one thousand dollars ($1,000.00) for a third or any further violation of the same ordinance or permit within one (1) year of the first violation. The City may also take further legal action including issuing the responsible person(s) a criminal citation and/or abating the violation(s) with the cost of such abatement and/or prosecution assessed against the responsible person(s), the property owner(s), and/or the property as a lien. (1) 1.6 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorneys fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. (1) 1.7 As a condition of approval of Conditional Use Permit 2015-22 and Design Review 2015-016 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) 1.8 Conditional Use Permit 2015-22 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. If the use is not operated in accordance with the conditions of approval or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the Community Development Director may impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the Conditional Use Permit. (1) 1.9 The applicant shall obtain the appropriate license from the State Department of Alcoholic Beverage Control for the type of alcoholic sales authorized for the site (Type 47). A copy shall be provided to the City prior to final inspection. Any violations of the regulations of the Department of Alcoholic Beverage Control as they pertain to the subject location, or of the City of Tustin, as they relate to the sale of alcoholic beverages, may result in the revocation of the subject Conditional Use Permit, as provided for in the Tustin City Code. (1) 1.10 Prior to the issuance of a building permit, the applicant shall comply with Ordinance No. 1416 by executing and recording an Old Town Parking Exception Agreement requiring the payment of an annual fee per space not provided on site that would compensate the City for the project's proportional use of public street and lot parking spaces. The cost is currently sixty dollars ($60) per space per year calculated at one (1) space per 100 square feet. The Community Development Exhibit A Resolution No. 4329 Page 3 Director is authorized to approve amendments to the Parking Exception Agreement, if applicable; to accommodate additional outdoor restaurant seating within a future parklet adjacent to the site. PLANNING (1) 2.1 This approval authorizes a Type 47 ABC License (on-site sales of beer, wine, and distilled spirits) in conjunction with a bona fide public eating place. The proposed on- site consumption of beer, wine, and distilled spirits must be consistent with the Department of Alcoholic Beverage Control requirements. Any changes to the ABC License shall be reviewed and approved by the Community Development Director. (1) 2.2 The sale and consumption of alcoholic beverages in the outdoor restaurant seating area shall be restricted by and subject to any required State Alcoholic Beverage Control or other applicable license or permit governing the restaurant. Any outdoor restaurant seating area where alcoholic beverages are sold or consumed shall be enclosed by a border and shall be supervised at all times by an employee of the restaurant. No alcoholic beverages may be removed from the outdoor restaurant seating area, except to the interior of the restaurant. No alcoholic beverages may be served or consumed within any portion of the outdoor seating area when an approved ABC compliant barrier is not present. (1) 2.3 The portion of the outdoor restaurant seating barrier within the public right-of-way shall be removable. (1) 2.4 No off-site sale or consumption of alcohol is authorized, except partially consumed bottles of wine as authorized in Business and Professions Code Section 23396.5. (1) 2.6 The menu of the restaurant and its outdoor restaurant seating area shall consist of foods that are prepared on the premises. (1) 2.6 All persons serving alcoholic beverages within a restaurant establishment must be 18 years of age or older and supervised by someone 21 years of age or older. The supervisor shall be present in the same area as point of sale. (1) 2.7 "No Loitering" signs shall be placed near the entrance on the outside of the premises or in other specified locations where alcoholic beverages are sold. (1) 2.8 No sexually oriented businesses shall be conducted on the premises without approval by the City in accordance with the Tustin City Code. (1) 2.9 The gross annual sales receipts shall be provided to the Community Development Department annually upon request. To verify that the gross annual sale of food exceeds the gross annual alcohol sales, an audited financial statement shall be provided for review and approval by the Community Development Director upon Exhibit A Resolution No. 4329 Page 4 request. If the audited financial statement demonstrates that the sale of alcohol exceeds the sale of food, the sale of alcoholic beverages shall cease immediately. (1) 2.10 Business hours are limited to the following: Restaurant-interior (Sunday—Thursday): 8:00 AM to 11:00 PM Restaurant-interior (Friday and Saturday): 8:00 AM to 12:00 AM Outdoor Seating: 8:00 AM to 11:00 PM Hours of sales of alcoholic beverages shall be limited to the hours when food is available. Operation of an outdoor restaurant seating area shall be permitted only at such times as the main restaurant use is open. (1) 2.11 The applicant shall comply with all applicable federal, state, county, and city laws and regulations concerning accessibility and nondiscrimination in the provision of services, and operation of the outdoor restaurant seating area shall not be detrimental to the health, safety, or welfare of persons residing or working in the vicinity. (1) 2.12 No outdoor keeping or storage of food or beverages to be served,shall be permitted. No open keeping or storage of used dishes, utensils or food scraps shall be permitted. Self-closing outside trash containers shall be provided to the satisfaction of the Community Development Department. All outdoor restaurant seating areas shall be cleaned on a continual daily basis. (1) 2.13 An outdoor restaurant seating area may have a menu board that does not exceed six (6) square feet in area. (1) 2.14 Doors from the main restaurant to the outdoor restaurant seating area shall be self- closing. (1) 2.15 The outdoor restaurant seating area shall not obstruct any fire exit, fire escape, or other required ingress or egress to any structure or property. (1) 2.16 The restaurant use shall comply with the City's Noise Ordinance. (1) 2.17 No Live entertainment is permitted without a valid Live Entertainment Permit. No amplified noise or audio visual equipment is permitted within the outdoor restaurant seating area. Exhibit A Resolution No. 4329 Page 5 (1) 2.18 Lighting shall be provided to illuminate the outdoor restaurant seating area. A minimum of one (1)footcandle of light is required at floor level. (1) 2.19 All litter shall be removed from the exterior areas around the premises including public sidewalk areas and parking areas, no less frequently than once each day that the business is open. Trash receptacles shall be provided in the outdoor restaurant seating area. (1) 2.20 Outdoor restaurant seating area must comply with the approved plans and regulations and requirements set forth in TCC Section 9277. Any significant modifications to the outdoor seating area or seating within must be approved by the Community Development Director. (1) 2.21 The restaurant establishment shall have a maximum of 117 seats indoors and twenty-eight (28) seats outdoors. Any increase in the number of seats is subject to written approval from the Community Development Director. All outdoor furniture and fixtures must be of durable and sturdy construction and suitable for outdoor use. Furniture shall be in good condition without any visible dents, tears, rust, corrosion, or chipped or peeling paint and shall be in a clean condition at all times. (1) 2.22 Photographs and/or manufacturers' brochures depicting the proposed outdoor tables, chairs, umbrellas, trash receptacles and other proposed furnishings shall be submitted at plan check for review and approval by the Community Development Department. (1) 2.23 All on-site signs, including permanent and temporary signs/banners, shall comply with the City of Tustin Sign Code. (1) 2.24 If in the future the City determines that a parking problem exists on the site or in the vicinity as a result of the proposed project, the Community Development Director may require the applicant to prepare a parking demand analysis and bear all associated costs. If the study indicates that there is inadequate parking, the applicant shall be required to provide immediate interim and permanent measures to be reviewed and approved by the Community Development Department and the Public Works Department. Measures may include, but are not limited to, the following: (a) Adjust hours of operation. (b) Provide off-site parking within 300 feet of the subject property. (c) Reduce the number of indoor and/or outdoor seats. (d) Provide valet parking. (1) 2.25 In the event that the City implements programs and regulations to create a parking assessment district(s), the property owner and all successors in interest shall not contest and must participate in the implementation of such programs and regulations. Exhibit A Resolution No. 4329 Page 6 (1) 2.26 All final exterior colors and textures shall be subject to review and approval of the Community Development Department and final inspection. Colors, materials, and textures shall be noted on the construction plans. (1) 2.27 All mechanical and electrical fixtures and equipment shall be adequately screened subject to review and approval by the Community Development Department. The screen shall be included as an element of the overall design of the project and blend with architectural design of the building. All electrical, mechanical, and electrical fixtures shall be depicted and noted on the construction drawings. (1) 2.28 All exterior on-site light fixtures shall consist of decorative fixtures compatible with the Old Town theme and architecture of the building. Colored cut-sheets shall be submitted for review and approval. All light fixtures shall be subject to review and approval of the Community Development Director. (1) 2.29 The applicant shall obtain a permit for future installation of signs on the building. Any sign proposal shall conform to Section 9401 of the Tustin Sign Regulations. In addition, the location, placement, size, number, and sign details shall be subject to the discretion of, and approval by, the Community Development Director. (6) 2.30 At plan check, complete detailed landscaping and irrigation plans for all landscaping areas shall be submitted, consistent with adopted City of Tustin Landscaping requirements. The plans shall address or include the following: a) All landscaping must be irrigated and maintained in perpetuity for the lifetime of the project. Final planting size, number, and type for the plant materials shall be subject to review and approval by the Community Development Director. b) Include a summary table identifying plant materials. The plant table shall list botanical and common names, sizes, spacing, location, size and quantity of the . plant materials proposed. Planters should not include grass, but shrubs, groundcover and trees. Shrubs shall be a minimum of five (5) gallon size and shall be placed a maximum of five (5) feet on center. c) Show all property lines on the landscaping and irrigation plans, public right-of- way areas, sidewalk widths, parkway areas, and wall locations. d) The Community Development Department may request minor substitutions of plant materials or request additional sizing or quantity of materials during plan check. e) Add a note that coverage of landscaping and irrigation materials is subject to inspection at project completion by the Community Development Department. f) All plant materials shall be installed in a healthy vigorous condition typical to the species and shall be maintained in a neat and healthy condition. Exhibit A Resolution No. 4329 Page 7 Maintenance includes, but is not limited to, trimming, weeding, removal of litter, fertilizing, regular watering, and replacement of diseased or dead plants. (1) 2.31 On-site walls and fences shall' be noted on the plans with specific materials, colors, and decorative treatments. No wall shall be constructed along the north property line. An alternative treatment designed to complement the architecture of the building and to provide a more attractive view of the building from the north may be considered. (1) 2.32 A Certificate of Appropriateness, issued by the Director of Community Development, will be required at the time of building permit issuance. BUILDING (1) 3.1 At the time of building permit application, the plans shall comply with the latest edition of the codes, City Ordinances, State, Federal laws, and regulations as adopted by the City Council of the City of Tustin. At plan check, all exterior colors and materials shall be submitted for review and approval by the Community Development Department. (1) 3.2 Prior to issuance of building permit, Orange County Environmental Health and Orange County Fire Authority approvals are required. (1) 3.3 At the time of building permit application, the accessible entrance to the restaurant from the accessible parking in the rear of restaurant shall be indicated. The path of travel shall not pass through the kitchen, so an alternate accessible path/entrance to the restaurant shall be provided. Door maneuvering clearances shall be per table 11 B-404.2.4.1 of California Building Code 2013. PUBLIC WORKS (1) 4.1 Prior to issuance of a building permit, the applicant shall enter into a Revocable License Agreement for Outdoor Seating with the City of Tustin. The applicant may be required to remove the outdoor tables, chairs, fences, planters, etc. for special events and for repair or maintenance activities. (1) 4.2 Prior to any work in the public right-of-way, an Encroachment Permit shall be obtained from and applicable fees paid to the Public Works Department. (1) 4.3 Current Federal Americans with Disabilities Act (ADA) requirements shall be met at sidewalks adjacent to the site. (1) 4.4 Facility Solid Waste Collection and Recycling Plan. a) The applicant, property owner, and/or tenant(s) are required to participate in the City's recycling program. i Exhibit A Resolution No. 4329 Page 8 b) Waste and Recycling collection facilities shall be equally and readily accessible by the property owner(s) or tenant(s). c) Waste and Recycling collection facilities must be placed in a location that can be easily and safely accessed by the solid waste hauler while utilizing either front loader or side loading equipment. d) Adequate collection capacity shall be provided to insure that collection frequency shall not exceed four times per week for commercial customers. e) All trash enclosures shall utilize the City's standard enclosure designed with a roof to accommodate at least two (2) 4-yd. bins, with at least one (1) bin reserved for recyclable materials. f) Businesses that will be large generators of organic waste such as food scraps, must also have room for a 60-gallon cart as part of the State required organics diversion program. (1) 4.5 Construction and Demolition Waste Recycling and Reduction Plan (WRRP). a) The applicant/contractor is required to submit a WRRP to the Public Works Department. The WRRP must indicate how the applicant will comply with the City's requirement (City Code Section 4351, et al) to recycle at least 50% of the project waste material or the amount required by the California Green Building Standards Code. b) The applicant will be required to submit a fifty dollars ($50.00) application fee and a cash security deposit. Based on the review of the submitted Waste Management Plan, the cash security deposit in the amount of five (5) percent of the project's valuation as determined by the Building Official, rounded to the nearest thousand, or two thousand five hundred dollars ($2,500), whichever is greater. In no event shall a deposit exceed twenty five thousand dollars ($25,000). c) Prior to issuance of a permit, the applicant shall submit the required security deposit in the form of cash, cashier's check, personal check, or money order made payable to the "City of Tustin". (1) 4.6 All proposed water improvements and water improvement plans must follow the latest City of Tustin Water Standards and the American Water Works Association (AWWA) guidelines. In case of a conflict, the City of Tustin Water Standards shall prevail. (1) 4.7 In accordance with the plans, a backflow prevention device may be required to protect the public water system from cross connections. Exhibit A Resolution No. 4329 Page 9 a) If a double check detector assembly (DCDA) is required, an easement for public utility access purposes must be dedicated to the City of Tustin. The easement shall start from the public right-of-way up to the DCDA with a minimum distance of five (5) feet all around the DCDA to allow for unobstructed access, inspection, testing, and maintenance. b) If a building sprinkler system is required by the Orange County Fire Authority (OCFA), the applicant shall be required to provide a backflow prevention device at his or her expense to prevent cross contamination with the public water system. c) If the applicant proposes to use an irrigation system, then a separate water meter shall be required. If this is the case, a reduced pressure principle assembly (RPPA) shall be required to prevent cross-connection with the public water system. (1) 4.8 Any easements for construction and maintenance of public water facilities within private property shall be reviewed and approved by the Public Works Department prior to recordation with the Orange County Clerk-Recorder. The applicant shall submit a legal description and sketch of the area to the Public Works Department for review and approval, as prepared by a California Registered Civil Engineer or California Licensed Land Surveyor. (1) 4.9 The applicant is responsible for all costs related to the installation, upgrade, alteration, relocation or abandonment of all existing City of Tustin public water facilities affected by the proposed project. (1) 4.10 Prior to issuance of any permit, the applicant shall provide written approval from the East Orange County Water District (EOCWD) for sewer and water service connections. The applicant is responsible for all application, connection and EOCWD fees. (1) 4.11 The adequacy of a proposed water system plan for a proposed development project, including the number, size and distribution of fire hydrants, must be reviewed by the Orange County Fire Authority (OCFA). Plans meeting OCFA fire protection requirements must be stamped and approved by that agency. (1) 4.12 The proposed domestic water system plans must conform to all applicable regulations enforced by the Orange County Health Department. (1) 4.13 Any damage done to existing public street improvements and/or utilities shall be repaired to the satisfaction of the City Engineer before issuance of a Certificate of Occupancy. (1) 4.14 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. Exhibit A Resolution No. 4329 Page 10 (1) 4.15 Prior to issuance of any permits, the applicant shall submit for approval by the Community Development and Public Works Departments, a Water Quality Management Plan (WQMP). The Priority WQMP shall identify Low Impact Development (LID) principles and Best Management Practices (BMPs) that will be used on-site to retain storm water and treat predictable pollutant run-off. The Priority WQMP shall identify: the implementation of BMPs, the assignment of long- term maintenance responsibilities (specifying the developer, parcel owner, maintenance association, lessees, etc.), and reference to the location(s) of structural BMPs. (1) 4.16 Prior to submittal of a Water Quality Management Pian (WQMP), the applicant shall submit a deposit of two thousand seven hundred dollars ($2,700.00) to the Public Works Department for the estimated cost of reviewing the WQMP. (1) 4.17 Prior to issuance of any permits, the applicant shall record a "Covenant and Agreement Regarding O & M Plan to Fund and Maintain Water Quality BMPs, Consent to Inspect, and Indemnification" with the County Clerk-Recorder. These documents shall bind current and future owner(s) of the property regarding implementation and maintenance of the structural and non-structural BMPs as specified in the approved WQMP. FEES (1, 5) 5.1 Prior to issuance of any building permits, payment shall be made of all applicable fees, including, but not limited to, the following. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. a) Building plan check and permit fees to the Community Development Department based on the most current schedule. b) Orange County Fire Authority plan check and inspection fees to the Community Development Department. c) Written approval from the Orange County Sanitation District No. 7 for Sewer Connection Fees. d) New development tax to the Community Development Department based upon the most current schedule. e) School facilities fee to Tustin Unified School District based upon the most current schedule. Proof of payment shall be provided to the Community Development Department prior to issuance of building permits. f) Payment of the Major Thoroughfare and Bridge Fees (for the Foothil[/Eastern Transportation Corridor Agency (TCA)) in effect at the time of issuance of a building permit to the City of Tustin Public Works Department. The fee rate schedule automatically increases on July 1 of each year. g) Applicable parking fees as required by Ordinance No 1416. (1, 5) 5.2 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 Exhibit A Resolution No. 4329 Page 11 the COUNTY CLERK in the amount of fifty dollars ($50.00) to enable the City to fife 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. ORANGE COUNTY FIRE AUTHORITY (6) 6.1 The applicant or responsible party shall submit proposed construction plans to the Orange County Fire Authority for review. Approval shall be obtained on each plan prior to construction.