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HomeMy WebLinkAboutPC RES 4353 RESOLUTION NO. 4353 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN APPROVING CONDITIONAL USE PERMIT 2016-26 AND DESIGN REVIEW 2016-024 TO CONSTRUCT A NEW 2,439 SQUARE FEET RESTAURANT BUILDING WITH DRIVE-THRU, OUTDOOR SEATING AND WALL GRAPHICS ON A PROPERTY LOCATED AT 13742 RED HILL AVENUE AND TO RELOCATE THE EXISTING ADJACENT DEL TACO RESTAURANT ONTO THE PROJECT SITE. The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. A proper application was filed by George Ewing of Del Taco LLC, requesting to construct a new 2,439 square feet restaurant building with drive-thru, outdoor seating and wall graphics on a property located at 13742 Red Hill Avenue and relocate the existing adjacent Del Taco restaurant onto the project site. B. The project site is located within the Retail Commercial (Cl) Zoning District and has a General Plan land use designation of Community Commercial which provides for a variety of retail and service commercial uses including restaurant uses. Pursuant to TCC Sections 9232b13., drive-thru uses are conditionally permitted in the C1 Zoning District. Pursuant to TCC Section 9404b.4, wall signs such as murals or graphics require approval of a conditional use permit. Pursuant to Pursuant to Sections 9272 and 9277 of the TCC, Design Review approval is required for new 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 fast food restaurant with drive-thru use is located in the Red Hill Plaza commercial center 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. D. That a public hearing was duly called, noticed, and held for Conditional Use Permit (CUP) 2016-26 and Design Review (DR) 2016-024 on November 14, 2017, 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 Resolution No. 4353 Page 2 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. Pursuant to TCC Section 9232b13., restaurants with drive-thru service are permitted subject to the approval of a conditional use permit. Pursuant to TCC Sections 9272 and 9277b, design review approval is required for new structures and for outdoor restaurant seating areas. Pursuant to TCC Section 9404b.4, wall signs such as murals or graphics require approval of a Conditional Use Permit. 2. As proposed, the drive-thru lane provides queuing capacity for approximately eight (8) vehicles whereas the minimum requirement of the TCC is seven (7) vehicles. 3. The parking lot area will be configured to optimize circulation for the proposed restaurant with drive-thru facility. As conditioned, wayfinding signage will be strategically placed within the parking lot area to provide ease of navigation to the drive-thru. 4. As conditioned, no impact to neighboring residential uses is anticipated in that the restaurant and drive-thru use will be conditioned to have speaker equipment with adjustable volume control, site lighting that confines illumination onto the property, and new landscaping and low walls to screen and improve the street view on the corner. 5. As conditioned, the number of required parking spaces for the restaurant use is provided on-site and on the adjacent property at 13822 Red Hill Avenue with a signed and recorded parking agreement. 6. Pursuant to Section 9272c of the Tustin City Code, the Community Development Department finds that the location, size, architectural features, and general appearance of the proposed project will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole. In making such findings, the Community Development Department has considered at least the following items: a. Height, bulk and area of buildings. The height and bulk of the proposed project is compatible with and surrounding buildings in that the proposed building between nineteen (19) and (24) feet high, similar to the two-story condominiums across San Juan Street. b. Setbacks and site planning. The proposed project meets the required building setbacks in that the setback from Red Hill Avenue Resolution No. 4353 Page 3 centerline is ninety-one (91) feet and that there is no building setback requirement along San Juan Street. J c. Exterior materials and colors. The proposed exterior materials and colors are appropriate for the area in that the design provides an updated look on that corner in a shopping area generally needs architectural upgrades. That the proposed design responds to the City's effort to encourage updating building designs. d. Type and pitch of roofs. The proposed roof design compatible in that it is flat with approximately five (5) feet high parapets to screen roof top equipment. e. Size and spacing of windows, doors and other openings. The proposed size and spacing of windows and doors is compatible for the area in that there are windows and store fronts throughout the indoor dining area that engages the outside. f. Landscaping and parking area design. The proposed landscaping, as conditioned, shall comply with the Water Efficient Landscape Ordinance requirements and the design includes accent trees to create visual interest from the street. The proposed parking lot is in compliance with development standards. g. Location, height and standards of exterior illumination. As conditioned, the project will comply with site illumination standards and confine the lighting onto the property. h. Location and appearance of equipment located outside of an enclosed structure. As proposed and conditioned, equipment shall be fully screened with the building parapet, equipment screening or landscaping screening. i. Location and method of refuse storage. As conditioned, the trash enclosure will provide adequate room for trash bin storage and easily allow for trash collection services. j. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. The proposed structure is compatible with existing and possible future structures in that the building is contemporary in design, its circulation is integrated with the adjacent property and the building placement and landscaping will enhance the corner street view. Resolution No, 4353 Page 4 k, Proposed signing. As conditioned, building signage shall comply with applicable regulations and any wall graphics shall be submitted to the Community Development Department for review and approval, I. The proposed project is consistent with the development Guidelines and criteria, as adopted by the City Council. The proposed project, as conditioned, complies with development standards, and provides an updated look to the existing shopping center area by adding contemporary architectural elements, improving circulation, and adding new parking spaces to accommodate the proposed restaurant use. 7. The proposed project is, located along Red Hill Avenue where future traffic signal and uindergrounding utility improvements are planned, which wouldserve to benefit Red Hill Plaza, That the applicant's proportionate share of the improvement cost is $9,1001.00 based on the project site being 9 percent of the Red Hill Plaza area, That, as conditioned, the applicant shall pay a deposit to the City for their share of the improvement cost. 8. The City's Police Department has reviewed the application and has no concerns, F This project is Categorically Exempt pursuant to Section 15303, Class 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). 11, The Planning Commission hereby approves CUP 2016-26 and DR 2016-024 authorizing the construction of a new 2,439 square feet restaurant building with outdoor seating, drive-thru, and wall graphics, and to relocate the existing adjacent Del! Taco restaurant business, subject to the conditions contained within Exhibit A, attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 14th day of November, 2017. AYTODD SMITH Chairp rson ELIZABETH A. BINSACK Planning Commission Secretary Resolution No. 435,3 Page 5 STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN 11, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4353 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 14th day of November, 2017. PLANNING COMMISSIONER AYES: Kozak, Lumbard, Thofa2son PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED PLANNING COMMISSIONER ABSENT: Mason, 1mith ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A RESOLUTION NO. 4353 CONDITIONAL USE PERMIT 2016-26 DESIGN REVIEW 2016-024 CONDITIONS OF APPROVAL GENERAL The proposed use shall substantially conform to the project description and submitted plans for the project date stamped November 14, 2017, 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 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 and associated fee are received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.3 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified, Subject to review and approval by the Community Development Department. (1) 1.4 Approval of Conditional Use Permit (CUP) 2017-26 and Design Review (DR) 2016-024 is contingent upon the applicant and property owner signing ,and returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the property owner signing and recording with the County Clerk-Recorder a "Notice of Discretionary Permit Approval and Conditions of Approval" form. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department, (1) 1.5 As a condition of approval of CUP 2016-26 and DR 2016-024, the applicant and property owner shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless, the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision-making body, including staff, ........... ............. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (21) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODEIS (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Exhibit A Resolution No. 4353 Page 2 concerning this project. The City agrees to promptly notify the applicant and/or property owner of any such claim or action filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in the defense of any such action under this condition. (1) 1.6 Any violation of any of the conditions imposed is subject to issuance of an Administrative Citation pursuant to Tustin City Code Section 1162(a). (1) 1.7 The applicant and/or property owner shall be responsible for costs associated with any necessary code enforcement action, including attorney's fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. (1) 1.8 CUP 2016-26 and DR 2016-024 may be reviewed at any time by the Community Development Director. The Community Development Director shall review the use to ascertain compliance with conditions of approval. If the use is not operated in accordance with CUP 2016-26 and DR 2016-024, 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. USE RESTRICTIONS (1), 2.1 The daily business hours shall be as follows: (7) • Indoor and Outdoor Dining area — 6:00 a.m. to 11:00 p.m. • Drive-thru —Twenty-four (24) hours a day Modifications to the hours of operation may be approved by the Community Development Director if it is determined that no impacts to the surrounding tenants or properties will occur. The operating hours-shall be posted in the restaurant and the outdoor seating area and shall be enforced by employees of the restaurant. Any modifications to the-hours of operation shall require the approval in writing of the Director of Community Development. *** 2.2 During peak hours of operation, the applicant may position an employee at time menu board with a wireless microphone and headset to take orders from vehicles in the drive-through lane. Employees may not take orders from any vehicle not in the drive-through lane. (1) 2.3 All activities shall comply with the City's Noise Ordinance. The drive-thru speaker I oard shall be equipped with a volume limiter/adjuster so that it will Exhibit A Resolution No. 4353 Page 3 not exceed the Tustin Noise Ordinance. No other amplified sound devices are permitted outside of the building. (5), 2.4 The drive-thru menu/speaker board shall utilize a lighted read-back "* display, either integrated as a single unit or two (2) separate units, or other alternative as a result of changes in technology, to the satisfaction of the Community Development Director. (1) 2.5 If in the future the City determines that a parking, traffic, or noise 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, traffic study, or noise analysis and the applicant and/or property owner shall bear all associated costs. If said study indicates that there is inadequate parking or a traffic or noise problem, the applicant and/or property owner shall be required to provide mitigation measures to be reviewed and approved by the Community Development Department and/or Public Works Department. Said mitigation may include, but are not limited to, the following: a. Adjust hours of operation b. Provide additional queuing space c. Adjust ordering procedures d. Provide additional parking e. Provide additional noise buffers including, but not limited to, walls, landscaping, or other sound attenuation methods. (1) 2.6 Business operations shall be conducted in a manner that does not create a public or private nuisance. Any such nuisance must be abated immediately upon notice by the City of Tustin. (5), 2.7 The applicant and property owner shall maintain the availability of four (4) **` offsite parking spaces in the adjacent property located at 13822 Red Hill Avenue for restaurant customer and employee use. A written and recorded parking agreement shall be drawn to the satisfaction of the City Attorney and Community Development Director and executed by the property owners of 13742 Red Hill Avenue and 13822 Red Hill Avenue, assuring the continued availability of the number, of parking spaces designated for restaurant use and availability of reciprocal access easements. If in the future, the parking agreement is no longer valid, the tenant and/or property owner at 13742 Red Hill Avenue shall submit a request to amend the conditions of approval, including details on how the restaurant will comply with the Tustin City Code parking requirements, subject to City review and approval. Exhibit A Resolution No. 4353 Page 4 (1) 2.8 No change or alteration of the tenant space shall occur without prior approval of the Community Development Department. Major modifications to the floor area, services, and/or operation of the business may require consideration of a new conditional use permit. (1) 2.9 No outdoor storage shall be permitted except as approved by the Community Development Director. (6) 2.10 Sale and consumption of alcoholic beverages is prohibited at this location unless separate approval of a conditional use permit for alcoholic beverage sales is obtained. OUTDOOR RESTAURANT SEATING (1) 3.1 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) 3.2 Doors from the main restaurant to the outdoor restaurant seating area shall be self-closing. (1) 3.3 The outdoor restaurant seating area shall comply with all applicable federal, state, county and city laws and regulations concerning accessibility and nondiscrimination in the provision of services. (1) 3.4 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) 3.5 All outdoor restaurant seating areas shall comply with the City's Noise Ordinance. (1) 3.6 Live entertainment, amplified music, and or television screens within the outdoor restaurant seating area shall not be permitted, unless specifically approved by the Community Development Director. (1) 3.7 Lighting shall be provided to illuminate the outdoor restaurant seating area. (1) 3.8 Violation of any of the requirements set forth in this Section, or any other conditions placed on approval of an outdoor seating area by the City of Tustin, shall constitute a violation of the Tustin City Code, ,subject to enforcement in any manner authorized by the Code. In addition, the Director of Community Development is hereby authorized to suspend or Exhibit A Resolution No. 4353 Page 5 revoke any prior approval of an outdoor restaurant seating area upon continuous or repetitive violation of such requirements or conditions. SIGNAGE (1) 4.1 Site and building signage shall comply with the applicable sign regulations including, but not limited to, sign area, location and type. (5), 4.2 The wall graphics shown on the approved plans are considered (4) conceptual in nature and are not explicitly approved as shown. Wall graphics depicting a scene or an image shall be artwork conveying general concepts and shall not advertise specific products, businesses or commercial brands. Prior to applying wall graphics to the building, the applicant shall submit the proposed images to the Community Development Department for review and approval. (1) 4.3 Informational signage shall be designed and placed to facilitate ease of ordering and navigation of the parking lot area. Changes to the informational signage due to necessity, brand recognition, or technological advancements shall be approved by the Community Development Director. *** 4.4 The applicant shall designate the area in the northern corner of the property for future gateway monumentation. The design and implementation of the gateway monumentation will be determined by the City. The applicant and/or property owner shall be responsible for the cost and construction of the gateway monumentation within the implementation timeframe established by the City. ARCHITECTURE AND DESIGN (4) 6.1 All roof access shall be provided from the inside of the building. (4) 5.2 No exterior downspouts shall be permitted. All roof drainage shall utilize interior piping and may have exterior outlets into landscaped areas at the base of the building. Any roof scuppers shall be installed with a special lip device so that overflow drainage will not stain the walls. (1) 5.3 All exposed metal flashing or trim shall be painted to match the building. (1) 5.4 All rooftop mounted equipment shall be installed at a minimum height of six (6) inches below the top of the parapet so as not to be visible from the public right-of-way. (1) 5.5 Utility meters located outside of the building shall be screened with landscaping to the greatest extent possible. (1), 5.6 Bicycle lockers, when required, shall be located in areas not readily visible Exhibit A Resolution No. 4353 Page 6 (4) from public streets and away from main building entrances. (1) 5.7 Onsite lighting shall be designed to contain illumination onto the property and shall not spill out onto adjacent streets or properties. Final site and building lighting shall be reviewed and approved at plan check. (1) 5.8 All utilities shall be installed and maintained underground. LANDSCAPE (1), 6.1 Landscaped areas shall be maintained and watered and all dead plant (6) material is to be removed and replaced by the property owner. The landscaping is to be installed in accordance to the City of Tustin Water Efficient Landscape Ordinance. (1), 6.2 All plant materials shall be installed in a healthy and vigorous condition (6) typical to the species. Landscaping shall be maintained in a neat and healthy condition, which includes, but is not limited to trimming, mowing, weeding, litter removal, fertilizing, regular watering, and replacement of diseased or dead plants. (1), 6.3 At plan check, complete detailed landscaping and irrigation plans for all (6) landscaping areas are required, consistent with the approved landscape plans, City Council Ordinance 1465, adopted Guidelines for implementation of Tustin's Water Efficient Landscape Ordinance and TCC Section 9266e. (1), 6.4 Backflow devices and double detector checks shall be painted to match (6) surrounding landscaping when in planters or painted to match the building when located adjacent to a building. Landscaping shall be utilized to screen the devices where possible. PLAN SUBMITTAL (1) 7.1 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. (1), 7.2 CADD Requirements - In addition to the normal full-size map and plan (5) submittal, all final maps and plans including, but not limited to, tract maps, parcel maps, right-of-way maps, records of survey, public works improvements, private infrastructure improvements, final grading plans, and site plans shall be submitted to the Public Works Department in computer aided design and drafting (CADD) format to the satisfaction of the City Engineer. The standard file format is AutoCAD Release 2009, or latest version, having the extension "DWG". All layering and linotype conventions are AutoCAD-based (latest version available upon request Exhibit A Resolution No. 4353 Page 7 from the Public Works Department). The CADD files shall be submitted to the City at the time plans are approved, and updated CADD files reflecting "as built" conditions shall be submitted once all construction has been completed. No project bonds will be released until acceptable "as built" CADD files have been submitted to the City. (1), 7.3 Prior to issuance of a Building Permit(s), payment of the most current (5) Major Thoroughfare and Bridge Fees (for the Foothill/Eastern Transportation Corridor Agency (TCA)) to the City of Tustin (through the Public Works Department) shall be required. The fee rate schedule automatically increases on July 1st of each year. (5) 7.4 Prior to issuance of a permit, the applicant shall provide written approval from the East Orange County Water District (EOCWD) for sanitary sewer service connections. (5) 7.5 Prior to issuance of a permit, the applicant shall submit a copy of the signed and recorded reciprocal parking agreement referenced in Condition 15. GRADING AND DRAINAGE (1) 8.1 This development shall comply with all applicable provisions of the City of Tustin Water Quality Ordinance and all Federal, State, and Regional Water Quality Control Board rules and regulations. (1) 8.2 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). If the WQMP has been determined to be a Priority WQMP, it shall identify Low Impact Development (LID) principles and Best Management Practices (BMPs) that will be used on- site to retain storm water and treat predictable pollutant run-off. The Priority WQMP shall identify: the implementation of BMPs, the assignment of long-term maintenance responsibilities (specifying the developer, parcel owner, maintenance association, lessees, etc.), and reference to the location(s) of structural BMPs. (1), 8.3 Prior to submittal of a Water Quality Management Plan (WQMP), the (5) applicant shall submit a deposit of $2,700.00 to the Public Works Department for the estimated cost of reviewing the WQMP. Exhibit A Resolution No. 4353 Page 8 (1) 8.4 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. This document 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. STREET IMPROVEMENT (5) 9.1 There is an existing irrevocable offer of dedication (IOD) for ten (10) additional feet of road right-of-way along Red Hill Avenue, including the ultimate corner cut-off at the southeast corner of Red Hill Avenue and San Juan Street for roadway purposes. Immediate widening of Red Hill Avenue along the property frontage is not anticipated, therefore, no widening improvements or cash in lieu deposit are required. However, the site design and setbacks shall be based on the ultimate sixty (60) foot wide half width street right-of-way. In the event a future widening of Red Hill Avenue should occur, the applicant shall grant the City of Tustin a 10 foot wide Temporary Construction Easement (TCE) and a right-of-entry for all on-site joins at no cost to the City. The TCE and the right-of-entry shall terminate on the date that the Notice of Completion for the future City improvement project is recorded at the Orange County Clerk-Recorder's office. (5) 9.2 To allow private property facilities (such as monument signage, signs, site lighting, etc.) within the dedication area for future right-of-way, prior to issuance of a sign permit, the applicant shall prepare and enter into a "future monument sign removal agreement" with the City that would guarantee removal of the sign at the property owner's expense at a time requested by the City. The applicant shall be responsible for City Attorney review fees and the cost of recording the agreement. The City of Tustin may require removal of the monument sign (at the property owner's expense) for various reasons, including but not limited to: accommodation of road widening/ parkway improvements, traffic operational issues, and environmental/engineering impacts. Upon notice from the City of impending roadway widening, the property owner shall promptly remove and relocate all private property facilities out of the roadway dedication area contained in the irrevocable offer, at no cost to the City, and meet the requirements of City of Tustin Community Development Department's standards. Private property facilities shall include, but not be limited to: items such as monument sign, directional sign, site lighting, and devices to meet water quality requirements, etc. (5) 9.3 Prior to issuance of a Grading Permit, the applicant shall submit a cash Exhibit A Resolution No. 4353 Page 9 deposit of $9,100.00 for their proportionate share of future traffic signal modifications at the intersection of Red Hill Avenue and San Juan Street ($6,000.00), and for undergrounding of overhead utility distribution facilities within the public right-of-way adjacent to the project site ($3,100.00). These amounts are based on Red Hill Plaza's proportionate share of the total estimated costs, prorated by land area, with the proposed Del Taco parcel being nine (9) percent of the overall Red Hill Plaza. The costs for utility undergrounding are being offset by use of a portion of the City's available Rule 20A funds. (1) 9.4 Current federal Americans with Disabilities Act (ADA) requirements shall be met at all driveways, sidewalks, and curb ramps adjacent to the site. City of Tustin Standards shall apply, unless otherwise approved by the City Engineer. (5) 9.5 Turns in and out of the Red Hill Avenue driveway will be restricted to right-turns only. The applicant shall provide appropriate directional signage. (1) 9.6 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) 9.7 Prior to issuance of an Encroachment Permit, the applicant shall submit to the Public Works Department 24" x 36" reproducible street improvement plans, as prepared by a California Registered Civil Engineer, for approval. The plans shall clearly show existing and proposed surface and underground improvements. Prior to issuance of a certificate of occupancy, the applicant shall complete street improvements on Red Hill Avenue and San Juan Street along the project frontage consisting of: a. Design and reconstruct the existing damaged concrete sidewalk along Red Hill Avenue and San Juan Street. b. Remove a portion of depressed curb and existing driveway apron and replace it with full height curb & gutter and sidewalk along Red Hill Avenue and San Juan Street. The driveway apron on Red Hill Avenue and San Juan Street shall be designed and constructed per the City of Tustin commercial driveway apron standards. c. Design and reconstruct the existing concrete curb ramp at the southeast corner of Red Hill Avenue and San Juan Street to current Federal Americans with Disabilities Act (ADA) requirements and City of Tustin Standard Drawings. Improvements shall include curb, gutter, and sidewalk from beginning of curb return (BCR) to end of Exhibit A Resolution No. 4353 Page 10 curb return (ECR). (1) 9.8 Prior to issuance of an Encroachment Permit for construction within the public right-of-way, a 24" x 36" construction area traffic control plan, as prepared by a California Registered Traffic Engineer, or Civil Engineer experienced in this type of plan preparation, shall be prepared and submitted to the Public Works Department for approval. (1) 9.9 Any damage done to existing public street improvements and/or utilities shall be repaired to the satisfaction of the City Engineer before acceptance of the tract and/or issuance of a Certificate of Occupancy for the development on any parcel within the subdivision. (1) 9.10 The applicant shall satisfy dedication and/or reservation requirements as applicable, including, but not limited to, dedication in Fee Title of all required street rights-of-way; dedication of all required flood control right- of-way easements; and dedication of vehicular access rights, sewer easements, and water easements defined and approved as to specific locations by the City Engineer (at no cost to the City) and/or other agencies. WATER IMPROVEMENT (1) 10.1 Prior to issuance of an Encroachment Permit, the applicant shall submit 24" x 36" reproducible water improvement plans to the Public Works Department for review and approval. The plans shall be prepared by a California Registered Civil Engineer and shall clearly show existing and proposed water improvements, as well as other topographic features and underground utilities. 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) 10.2 In accordance with the plans, a backflow prevention device may be required to protect the public water system from cross connections. a. If a double check detector assembly (DCDA) is required, an easement for public utility access purposes must be dedicated to the City of Tustin. The easement shall start from the public right-of-way up to the DCDA with a minimum distance of five (5) feet all around the DCDA to allow for unobstructed access, inspection, testing, and maintenance. b. If a building sprinkler system is required by the Orange County Fire Authority (OCFA), the applicant shall be required to provide a backflow prevention device at his or her expense to prevent cross contamination with the public water system. Exhibit A Resolution No. 4353 Page 11 c. If the applicant proposes to use an irrigation system, then a separate water meter will 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), 90.3 Any easements for construction and maintenance of public water facilities (5) 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) 10.4 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. (5) 10.5 Applicant's project is within the East Orange County Water District (EOCWD) service area. A release/approval from the EOCWD shall be obtained prior to receiving water service from the City of Tustin. The applicant shall submit a water permit application to EOCWD, and is responsible for all application, connection and other EOCWD fees. (1) 10.6 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) 10.7 The proposed domestic water system plans must conform to all applicable - regulations enforced by the Orange County Health Department. SOLID WASTE RECYCLING (1) 11.1 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 65 percent of the project waste material or the amount required by the California Green Building Standards Code. The applicant will be required to submit a $50.00 application fee and a cash security deposit. Based on the review of the submitted Waste Exhibit A Resolution No. 4353 Page 12 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 $2,500.00, whichever is greater. In no event shall a deposit exceed $25,000.00. b. Prior to issuance of any 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) 11.2 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. 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 roof to accommodate at least two (2) 4-yd. bins, with at least one (1) bin reserved for recyclable materials. f. Prior to the approval of a site plan or the issuance of a building permit, the Public Works Department shall review and approve the number of trash enclosures required to service the project site. g. Businesses that will be large generators of organic waste such as food scraps, must also have room for a 35- gallon, 60-gallon or 2- cubic yard collection receptacle as part of the State required organics diversion program. ORANGE COUNTY FIRE AUTHORITY (OCFA) (5) 12.1 Prior to issuance of building permit, the applicant shall submit plans for review and obtain OCFA approval for architectural review (Service Codes PR200-PR285), when required by the OCFA "Plan Submittal Criteria Form". Exhibit A Resolution No. 4353 Page 13 (5) 12.2 Prior to concealing interior construction, the applicant shall submit plans for review and obtain OCFA approval to install the hood and duct extinguishing system (Service Code PR335). FEES (1), 13.1 Prior to issuance of any permits, payment shall be made of all applicable (5) fees, including but not limited to, the following: • Building and Planning pian check and permit fees • OCFA • Orange County Health Care Agency (Environmental Health) • East Orange County Water District • Transportation Corridor Agency • School District • New development fees (1) 13.2 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 fifty dollars ($50.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period the applicant has not delivered to the Community Development Department the above-noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened.