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HomeMy WebLinkAboutPC RES 3923 RESOLUTION NO. 3923 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN APPROVING CONDITIONAL USE PERMIT 04-015 AUTHORIZING TWO (2) DRIVE-THROUGH RESTAURANTS, A MOVIE THEATER, A FUELING STATION, A MASTER SIGN PROGRAM, AND REDUCTION OF OFF-STREET PARKING REQUIREMENTS IN CONJUNCTION WITH THE DEVELOPMENT OF 1,006,100 SQUARE FEET OF COMMERCIAL USES ON A 111.77 ACRE (GROSS) SITE WITHIN PLANNING AREAS 16, 17, AND 19 OF THE MCAS TUSTIN SPECIFIC PLAN 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 Conditional Use Permit 04-015 was submitted by the Vestar Development Company/Kimco Tustin L.P. for two (2) drive-through restaurants on Lots 10 and 11 of Vesting Tentative Tract Map 16695, a movie theater on Lot 4, a fueling station on Lots 14 and 15, and a master sign program and reduction of off-street parking requirements in conjunction with the development of 1,006,100 square feet of commercial uses on a 111.77 acre (gross) site within Planning Areas 16,17, and 19 of the MCAS Tustin Specific Plan. B. That a public hearing was duly called, noticed, and held for said application on July 12, 2004, and continued to July 26,2004, by the Planning Commission; C. That the proposed project is located with the "MCAS Tustin Specific Plan" land use designation of the General Plan, which provides for commercial development and conforms to the MCAS Tustin Specific Plan, in that drive-through restaurants, movie theaters, and fueling stations are conditionally permitted in Planning Area 19, and a master sign program and reduced off-street parking are conditionally permitted in all specified planning areas of the MCAS Tustin Specific Plan. In addition, the project is consistent with the Air Quality Sub-element of the City of Tustin General Plan; D. That two (2) drive-through restaurants in conjunction with the development of 1,006,100 square feet of commercial uses will not be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of the proposed uses, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin in that: Resolution 3923 CUP 04-015 Page 2 1. The building location and site layout will comply with the established development standards of the MCAS Tustin Specific Plan; 2. The proposed drive-through lanes are adequate for the proposed restaurants as identified by the submitted queuing analysis; 3. The proposed project, as conditioned, will comply with the Tustin Noise Ordinance and is not anticipated to create a significant noise impact on the surrounding area; 4. The proposed project, as conditioned, is not anticipated to create a significant impact on the air quality in the surrounding area since the project complies with Section 42303 of the Health and Safety Code and the South Coast Air Quality Management District, and the applicant shall utilize Best Available Control Technology (BACT) on all cooking and exhaust equipment in accordance with AQMD standards. 5. The proposed outdoor dining area, as conditioned, is not anticipated to create a negative impact on the surrounding area since: a. All exterior patio lighting will be completely contained within the patio area; b. No alcoholic beverages will be served; and, c. Trash receptacles will be provided in the outdoor dining area, and the dining area shall be cleaned on a continual, daily basis for removal of litter and food items. 6. As conditioned, the proposed operating hours will begin no earlier than 5:00 a.m. and close no later than 2:00 a.m., seven days a week; 7. The proposed project, as conditioned, is not anticipated to create negative light or glare on surrounding properties. E. That a movie theater in conjunction with the development of 1,006,100 square feet of commercial uses will not be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of the proposed uses, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin in that: 1. The movie theater will be part of a pedestrian and entertainment-oriented lifestyle center. The movie theater will be available for all ages, and no adult or sexually explicit films will be permitted to be shown; 2. The movie theater operator will use industry leading projection and sound systems, interior décor, floor and wall treatments, and seating arrangements (i.e. stadium seating); 3. The operating hours will begin no earlier than 11 :00 a.m. and close no later than 2:00 a.m., seven days a week; and, Resolution 3923 CUP 04-015 Page 3 4. All requirements of the City's Noise Ordinance will be met at all times. F. That a fueling station in conjunction with the development of 1,006,100 square feet of commercial uses will not be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of the proposed uses, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin in that: 1. The project is compatible with the surrounding uses in that it will be located between two (2) roadways near the service area of a large commercial building, which are not highly sensitive uses; 2. The fueling station will be limited to gas fueling only with no other automotive related services permitted; 3. As conditioned, the project would comply with the City of Tustin Security Ordinance; 4. As conditioned, light/glare and noise from the facility's operations would be screened through the use of proposed site and landscaping improvements; 5. As conditioned, no outdoor storage will be permitted and daily maintenance and litter removal will be required; and, 6. As conditioned, all operations would comply with the City of Tustin Noise Ordinance. G. That a master sign program in conjunction with the development of 1,006,100 square feet of commercial uses will not be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of the proposed uses, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin in that: 1. Pursuant to Tustin City Code Section 9403h2.(e), with the approval of a Conditional Use Permit, the Planning Commission is authorized to approve a master sign plan that deviates from the requirements of the Tustin Sign Code for properties located within a center with at least thirty thousand (30,000) square feet of building area. The property is proposed for 1,006,100 square feet of building area; 2. As proposed, the signs are appropriate for the subject location since The District at Tustin Legacy is a large scale development with large building masses that will contain services for residents and businesses in and outside of the City of Tustin; 3. The number, size, and design of the pylon signs in the Master Sign Plan, as conditioned, would be compatible with the scale of Resolution 3923 CUP 04-015 Page 4 the buildings in that the signs will be generally half the height of the proposed buildings and will incorporate the stacked stone and smooth painted plaster finish found on the buildings; 4. All the pylon signs are uniform in size, color, and architecture. The quality of materials and architectural design of the signs will match the architecture of the center; and, 5. A complete master sign program that includes exhibits, graphics, and criteria for all sign types (Le. pylon, monument, wall, photographic "lifestyle images", directional, etc) and incorporates all applicable conditions will be submitted for review and approval to ensure compatibility with the pylon signs. H. That the reduction of off-street parking requirements in conjunction with the development of 1,006,100 square feet of commercial uses will not be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of the proposed uses, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin in that: 1. That the parking demand analysis for the project was evaluated in the "Traffic Impact Assessment and Parking Analysis at the District at Tustin Legacy" dated June 21, 2004, which found that 4,767 parking spaces, based on 1,006,100 square feet, would be sufficient for the project with implementation of a parking management plan for peak holiday periods. 2. The applicant will prepare and implement a parking management plan that identifies strategies to accommodate the demand for parking during the peak and holiday periods. 3. If in the future the City determines that a parking or circulation problem exists, the applicant will be required to submit a new study and implement immediate interim and permanent mitigation measures upon review and approval by the Community Development Department and the Public Works Department; 4. All required parking spaces will be made available permanently for vehicle parking for employees and customers; 5. No required parking area will be used for the sale, display, or repair of motor vehicles without prior approval from the Community Development Department; I. That the applicant has requested approval of Vesting Tentative Tract Map 16695, Concept Plan 04-001, Design Review 04-010, and Variance 04-002 in conjunction with the application for Conditional Use Permit 04-015 for development of 1,006,100 square feet of commercial development, and findings and conditions of approval related to dedication of necessary right-of-way and provision of Resolution 3923 CUP 04-015 Page 5 necessary infrastructure improvements have been included in Resolution No. 3921. J. That a Final Environmental Impact Statement/Environmental Impact Report for the MCAS Tustin Reuse Plan and Specific Plan (FEIS/EIR) was prepared and certified, which considered the development of commercial uses within Planning Areas 16, 17, and 19. A checklist was prepared that finds all potential impacts of the project were addressed by the certified FEIS/EIR and no additional impacts have been identified; all applicable mitigation measures in the FEIS/EIR have been included in the Mitigation Monitoring Program or as conditions of approval. The Planning Commission has adopted Resolution No. 3919 finding that the FEIS/EIR for the MCAS Tustin Reuse Plan and Specific Plan adequately addressed all potential impacts related to the conditional use permits. II. The Planning Commission hereby approves Conditional Use Permit 04- 015 authorizing two (2) drive-through restaurants on Lots 10 and 11, a movie theater on Lot 4, a fueling station on Lots 14 and 15, a master sign program, and reduced off-street parking requirements in conjunction with the development of 1,006,100 square feet of commercial uses on a 111.77 acre (gross) site within Planning Areas 16,17, and 19 of the MCAS-Tustin Specific Plan, 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 26th day of July 2004. ~ VA N ~~,.. ~ airper n ELIZABETH A. BINSACK ~ Planning Commission Secretary Resolution 3923 CUP 04-015 Page 6 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. 3923 duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 26th day of July, 2004. &~~~41 ELIZABETH A. BINSACK Planning Commission Secretary GENERAL (1 ) (1 ) 1.2 (1 ) 1.3 (1 ) 1.4 EXHIBIT A CONDITIONAL USE PERMIT 04-015 RESOLUTION NO. 3923 CONDITIONS OF APPROVAL 1.1 The proposed project shall conform with the submitted plans for the project date stamped July 26, 2004, 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 and City review required pursuant to Section 8 of the Disposition and Development Agreement 04-02 for Parcels 10, 11, and 12. The Director of Community Development may also approve minor modifications to plans during plan check if such modifications are consistent with the provisions of the Tustin City Code, other applicable codes, and all requirements of the DDA 04-02. Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified or prior to the issuance of any building permits for the project, subject to review and approval by the Community Development Department and City review required pursuant to DDA 04-02. All entitlements specified in Resolution Nos. 3920, 3921, 3922, 3923, and 3924 shall not become effective until such time as the City and Vestar Development/Kimco Tustin L.P. have executed Disposition and Development Agreement (DDA) 04-02. All entitlements specified in Resolution Nos. 3920, 3921, 3922, 3923, and 3924 shall become null and void in the case of default by the developer or termination by the City of DDA 04-02, including, but not limited to, the City's approval of any final maps not completed at the time of default or termination, to ensure that development proceeds in an orderly manner as specified in DDA 04-02. The subject project approval shall become null and void unless permits for the proposed project are issued and substantial construction is underway within the time frames identified in the schedule of performance contained in the DDA 04-02. All time extensions may be considered if a written request is within thirty (30) days prior to expiration and processed in accordance with the provisions of the DDA 04-02. SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODE/S (4) DESIGN REVIEW (5) RESPONSIBLE AGENCY REQUIREMENT (6) LANDSCAPING GUIDELINES (7) PC/CC POLICY *** EXCEPTION Resolution 3923 CUP 04-015 Page 2 (1 ) (1 ) (1 ) (5) (5) 1.5 1.6 1.7 1.8 Approval of Conditional Use Permit 04-015 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. The development of the project described in Conditional Use Permit 04-015 shall be in accordance with Concept Plan 04-001, Vesting Tentative Tract Map 16695, Design Review 04-010, and Variance 04-002 approved by Resolution Nos. 3919, 3920, 3921, 3923, and 3924 which are incorporated herein by reference as though fully set forth in DDA 04-02. As a condition of approval of Conditional Use Permit 04-015, 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. This development is subject to the applicant's fulfillment of all provisions of DDA 04-02. 1.9 The Community Development Director may approve minor changes to the conditions of approval and shall refer substantial changes to the Planning Commission for review. FUELING STATION (5) 2.1 The property owners and operators of the service station facility shall be responsible for the daily maintenance of the subject property, including but not limited to trash removal, painting, graffiti removal and maintenance of improvements to ensure that the facilities are maintained in a neat and attractive manner. All graffiti shall be removed within 72 hours of a complaint being transmitted by the City to the property owner. Failure to maintain said structure and adjacent facilities will be ground for City enforcement of its Property Maintenance Ordinance, including nuisance abatement procedures. (5) (7) (7) (5) (2) Resolution 3923 CUP 04-015 Page 3 (5) 2.2 (2) 2.3 (5) 2.4 (5) 2.5 (7) 2.6 (7) 2.7 (7) 2.8 2.9 The applicant is required to coat and protect all wall surfaces with a graffiti resistant finish and/or material. No other auto service use shall be permitted with the exception of the approved gasoline sales and air/water service. Vehicle stacking in the public right-of-way shall be prohibited and any violation shall be subject to citation. The operator of the facility is responsible for ensuring compliance and preventing stacking from occurring in the public right-of-way. Outdoor storage is prohibited, including the storage of vehicles. No vehicle shall be parked on the premises for the purpose of offering the same for sale. No used or discarded automotive parts or equipment, or disabled, junked, or wrecked vehicles may be located on the site unless located entirely within a building. Outside address speakers, telephone bells, buzzers, and other similar devices, which are audible from adjoining properties, shall be prohibited. All requirements of the City's Noise Ordinance shall be met at all times. The installation of any exterior, freestanding vending machines, such as, but not limited to, beverage or soda machines, candy, magazine racks and any other retail product, is prohibited. Video cameras, mirrors, and height markers may be installed for security purposes. 2.10 Exterior public pay telephones shall be permitted, subject to review and approval by the Community Development Director. 2.11 Water and air self-service shall be provided at no cost and available 24 hours a day unless otherwise exempted by State regulations. All air hoses shall be equipped with operating and accurately lubricated calibrated gauges. 2.12 If determined by the Chief of Police and the Community Development Director, based upon the number of calls for service, the owner and/or operator will be required to implement procedures to reduce the likelihood of criminal activity. 2.13 The applicant shall be responsible for taking appropriate corrective action to address any surface contamination as required for any accidental spills, as required to the satisfaction of the Health Care Agency. Resolution 3923 CUP 04-015 Page 4 (7) (1 ) (1 ) (1) (1 ) 2.14 A minimum of thirty-six (36) inch high landscape berm shall be installed and maintained in the planter areas between the fueling station and public right-of-way along South Loop Road and Jamboree Road to screen parking areas and to provide a buffer between the structures, adjacent properties, and street frontages. 2.15 All paved areas not intended to accommodate legitimate and anticipated circulation patterns shall be landscaped. 2.16 Underground utility connections between Major 10 and the fueling station may occur subject to obtain all necessary permits including an encroachment permit to locate necessary utilities under South Loop Road. 2.17 The fueling station may only be owned and operated by the tenant of Major 10. In the event the two (2) facilities are owned and operated by two (2) different businesses, a legal agreement must be created to permit severance of the utility lines. 2.18 The fueling station may operate twenty-four (24) hours a day, seven days a week while it is an automated fueling station only. Any change in use or service will require an amendment to the conditional use permit and may result in a modification to the permitted days and hours of operation. IN-N-OUT DRIVE-THROUGH RESTAURANT DRIVE-THROUGH OPERATIONS *** 3.1 *** 3.2 *** 3.3 The applicant shall install a menu board with a lighted read-back display, or other alternative as a result of changes in technology to the satisfaction of the Community Development Director. The applicant shall utilize Best Available Control Technology on all cooking and exhaust equipment in accordance with Air Quality Management District (AQMD) standards due to the property's proximity to residential properties. If a traffic or queuing problem results from the proposed project or operational changes within the development, the applicant shall submit a new or revised traffic or queuing study prepared by a professional traffic engineer and perform or install interim and permanent mitigation measures as a result. This may include positioning an employee at the menu board, during peak hours or operation, with a wireless microphone and headset to take orders from vehicles in the drive-through lane. A new tenant utilizing the drive-through may be subject to providing a queuing study to verify the number of available drive-through queuing spaces is adequate for the new tenant. Resolution 3923 CUP 04-015 Page 5 *** *** 3.4 The outdoor seating guidelines in Condition 13.5 of Resolution No. 3922 shall apply. 3.5 The operating hours shall begin no earlier than 5:00 a.m. and close no later than 2:00 a.m., seven days a week. CHICK-FIL-A DRIVE-THROUGH RESTAURANT DRIVE-THROUGH OPERATIONS *** 4.1 *** 4.2 *** 4.3 *** 4.4 *** 4.5 The applicant shall install a menu board with a lighted read-back display, or other alternative as a result of changes in technology to the satisfaction of the Community Development Director. The applicant shall utilize Best Available Control Technology on all cooking and exhaust equipment in accordance with Air Quality Management District (AQMD) standards due to the property's proximity to residential properties. If a traffic or queuing problem results from the proposed project or operational changes within the development, the applicant shall submit a new or revised traffic or queuing study prepared by a professional traffic engineer and perform or install interim and permanent mitigation measures as a result. This may include positioning an employee at the menu board, during peak hours or operation, with a wireless microphone and headset to take orders from vehicles in the drive-through lane. A new tenant utilizing the drive-through may be subject to providing a queuing study to verify the number of available drive-through queuing spaces is adequate for the new tenant. The outdoor seating guidelines in Condition 13.5 of Resolution No. 3922 shall apply. The operating hours shall begin no earlier than 5:00 a.m. and close no later than 2:00 a.m., seven days a week. MOVIE THEATER (1 ) 5.1 (1 ) 5.2 (1 ) 5.3 The movie theater shall be constructed during the first phase of the project development and shall include a minimum of fourteen (14) screens and 3,000 seats. The movie theater operator shall use industry leading projection and sound systems, interior décor, floor and wall treatments, and seating arrangements (Le. stadium seating). The movie theater will be part of a pedestrian and entertainment- oriented lifestyle center. The movie theater will be available for all Resolution 3923 CUP 04-015 Page 6 (1 ) 5.4 (1 ) 5.5 ages, and no adult or sexually explicit films will be permitted to be shown. No sexually oriented business may be established in conjunction with, or in lieu of, the movie theater at the subject location. The operating hours shall begin no earlier than 11 :00 a.m. and close no later than 2:00 a.m., seven days a week. Outside address speakers, telephone bells, buzzers, and other similar devices, which are audible from adjoining properties, shall be prohibited. All requirements of the City's Noise Ordinance shall be met at all times. MASTER SIGN PROGRAM (1 ) 6.1 (1 ) 6.2 (***) 6.3 (***) 6.4 All signs shall comply with the provisions of the approved partial Master Sign Program (Sheets A-1.1, A-1.2, A-1.4) on file with the Community Development Department dated July 26, 2004, as herein modified or as modified by the Director of Community Development in accordance with these conditions. Prior to issuance of sign permits, a complete master sign program that includes exhibits, graphics, and criteria for all sign types (i.e. pylon, monument, wall, photographic "lifestyle images," directional, etc.) and incorporates all applicable conditions herein shall be provided to the Community Development Department for approval by the Community Development Director. The Community Development Director can approve any addition to or modifications of the master sign program that comply with the Tustin Sign Code. A maximum of four (4) large pylon signs shall be located parallel to Jamboree Road and may be permitted for up to a maximum height of twenty-five (25) feet as measured from the height of the adjacent grade on the project site. The applicant shall submit dimensioned photo simulations and plans which accurately represent the size and scale of all four (4) signs in the context of the proposed improvements such as the buildings, landscaping, and other improvements visible from Jamboree Road to demonstrate that the signs enhance the overall development for review and approval by the Community Development Director. If the Director determines that the photo-simulations and/or plans are not consistent with the Planning Commission's approval of these pylon signs, the plans may be deferred to the Planning Commission for review. A maximum of three (3) secondary pylon signs shall be located along Tustin Ranch Road and may be permitted to be a maximum height of twenty-five (25) feet as measured from the height of the adjacent grade on the project site. The applicant shall su bmit dimensioned photo simulations and plans which accurately (1 ) (1 ) (1 ) (1 ) Resolution 3923 CUP 04-015 Page 7 (***) (1 ) 6.7 6.8 6.9 represent the size and scale of all three (3) signs in the context of the proposed improvements such as the buildings, landscaping, and other improvements visible from Tustin Ranch Road to demonstrate that the signs enhance the overall development for review and approval by the Community Development Director. If the Director determines that the photo-simulations and/or plans are not consistent with the Planning Commission's approval of these pylon signs, the plans may be deferred to the Planning Commission for review. 6.5 A maximum of four (4) large scale tenant identification signs shall be located along South Loop Road, just south of Warner Avenue, and shall be a maximum height of fourteen (14) feet as measured from the height of the adjacent grade on the project site. 6.6 Signs shall be consistent throughout the project site by incorporation of common design elements including use of materials, letter style, colors (not more than three, excluding black and white per individual sign), illumination, sign type, sign shape, sign layout, and sign placement. The sign plan shall be compatible with and reflect the special qualities of the architecture of the buildings on the site in both daytime and nighttime conditions. The master sign program shall include specific design information for the Tustin Legacy area signage/monumentation at the intersection key designated thematic intersections as shown in the Community Structure Plan (Figure 2-15) of the MCAS Tustin Specific Plan. A sign permit shall be applied for and received from the Community Development Department prior to constructing, erecting, altering, replacing, moving, or paining any sign, except for signs exempt from a permit according to the Tustin Sign Code. Permit applications shall be accompanied by information as required for a standard sign plan or master sign plan, pursuant to the Tustin Sign Code. No sign shall be constructed, erected, altered, replaced, moved, or painted unless the sign conforms to the master sign plan. The master sign plan shall designate a person or firm as the primary liaison with the City for the purpose of requesting approval of the master sign plan for submitting sign permit requests in conformance with the approved master plan. 6.10 Signs shall be designed to direct/inform both pedestrians and motorists. The minimum letter size shall be six (6) inches to ensure legible signs. Resolution 3923 CUP 04-015 Page 8 (1 ) (1 ) (1 ) 6.11 Signs shall not be placed in a manner that will obstruct or inhibit sight distance or visibility for the motorist. 6.12 Signs shall contain only that information which is necessary to identify the businesses or uses of the property on which the sign is located. Identification of product, trade, and service information is permitted and considered supplemental provided it is subordinate to business identification. Supplemental signs shall be considered subordinate if no more than twenty-five (25) percent of the total allowable sign area is used for this purpose. 6.13 Signs shall not dominate the view of a site or building, nor obscure or eliminate the view of existing signs. Freestanding signs may be located in required setback areas provided that the following criteria are met: 1) The location is not within a required visual clearance area for traffic or other purposes as identified by the City Engineer; and 2) the location will not cause negative light and glare impacts on adjacent uses, if the sign is lighted. REDUCTION OF OFF-STREET PARKING REQUIREMENTS (1 ) 7.1 (1 ) 7.2 (1 ) 7.3 (1 ) The applicant shall implement all recommendations of the "Traffic Impact Assessment and Parking Analysis at the District at Tustin Legacy" dated June 21, 2004, and prepare and implement a parking management plan that identifies strategies to accommodate the demand for parking during the peak and holiday periods. The plan shall ensure adequate parking supplies or strategies to meet peak parking demands for the overall project site and/or within particular impacted parking areas. If, in the future, the City determines that a parking or circulation problem exists, the applicant shall be required to submit a new study and implement immediate interim and permanent mitigation measures upon review and approval by the Community Development Department and the Public Works Department. All required parking spaces shall be made available permanently for vehicle parking for employees working at the premises, and customers having lawful reason to be at the premises. In the absence of prior approval from the Community Development Department, it is unlawful for any owner, lessee, tenant or any person having control of the operation of any aspect of the project site or property management to prevent, prohibit, or restrict authorized persons from using a parking area. 7.4 No required parking area shall be used for the sale, display, or repair of motor vehicles, or the storage of materials or other goods or services without prior approval from the Community Development Department. Resolution 3923 CUP 04-015 Page 9 (1 ) (1 ) 7.6 FEES (1)(5) 8.1 7.5 Any modification to the site circulation and points of ingress and egress shall be approved in writing by the Public Works and Community Development Departments. Any decrease in the number of provided parking spaces, or intensification of a use (Le. increase building area or modify use) shall be approved in writing by the Public Works and Community Development Departments. A new parking analysis or modification to the "Traffic Impact Assessment and Parking Analysis at the District at Tustin Legacy" dated June 21, 2004, may be required at the discretion of the Public Works or Community Development Director. Within forty-eight (48) hours of final approval of the 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 that 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.