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HomeMy WebLinkAboutPC RES 4370 RESOLUTION NO. 4370 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 2018-00007 AND DESIGN REVIEW 2018-00011, A REQUEST TO AUTHORIZE TYPE 47 ON-SITE ALCOHOLIC BEVERAGE SALES, LIVE ENTERTAINMENT AND OUTDOOR SEATING IN CONJUNCTION WITH A REMODEL, EXPANSION AND FACADE UPGRADE TO AN EXISTING RESTAURANT BUILDING LOCATED AT 1222 IRVINE BOULEVARD The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application for Conditional Use Permit (CUP) 2017-00007 and Design Review (DR) 2018-00011 was filed by Michael Zislis, applicant, a request to serve on-site alcoholic beverages, live entertainment and outdoor seating in conjunction with a remodel, expansion and fagade upgrade to an existing restaurant, located at 1222 Irvine Boulevard. B. That the subject property is located within the C1, Retail Commercial zoning district and Community Commercial General Plan land use designation where the proposed uses are authorized by the Tustin City Code. C. That a public hearing was duly called, noticed, and held for said application on August 14, 2018, by the Planning Commission. D. That the establishment, maintenance, and operation of the on-site alcoholic beverage sales with ancillary off-site sales and live entertainment in conjunction with a restaurant 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 of the City of Tustin. In determining whether to approve the Design Review for outdoor seating and the exterior facade modifications, the Planning Commission must determine whether it can be found 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. A decision to approve this request may be supported by the following findings: Resolution No.4370 Page 2 1. The restaurant establishment use is located within the C1 zoning district, a commercial corridor along Irvine Boulevard, which allows a broad range of commercial uses and development. The characteristics of the business and hours of operation for the proposed restaurant would be compatible with the existing businesses in the vicinity. 2. The proposed sale of beer, wine and distilled spirits for on-site consumption, with ancillary off-site consumption in conjunction with a restaurant establishment, is allowed within the C1 zoning district with the approval of a CUP. 3. Pursuant to TCC Section 9271(dd), restaurants with on-site alcoholic beverage sales are exempt from distance separation requirements to residential uses, sensitive uses, and other alcoholic beverage sales establishments. 4. As conditioned, the proposed on-site consumption of beer, wine and distilled spirits with ancillary off-site consumption 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, and the TCC Section 9271(dd) and Resolution No. 4360 adopted on March 13, 2018 subject to the City Council adoption of Ordinance No.1493. 5. The on-site consumption of alcoholic beverages with ancillary off-site sales would be in conjunction with a restaurant establishment where food will be served at all times when alcoholic beverages are served. 6. The proposed live entertainment will be located within the restaurant building, not open to view from outside the premises and therefore suitable for the proposed use. 7. 'The live entertainment proposed with three (3) performers three (3) times per week in conjunction with a restaurant use is appropriate. 8. The project includes a remodel and expansion to the existing building footprint, including the addition of two (2) exterior patio areas for outdoor seating. With the added squai a footage and establishment of outdoor dining, parking for the site has been analyzed and it has been determined that there is adequate parking for the proposed use and other tenants within the Tustin Resolution No, 4370 Page 3 Heights Shopping Center; therefore, no parking impacts are anticipated. 9, The Tustin Police Department has reviewed the application and has no immediate concerns. 10.The design for the outdoor seating area is compatible with the overall design of the building, 11, The exterior modifications to the building fagade are consistent with the proposed use and compatible with, the existing shopping center. E. This project is Categorically Exempt pursuant to, Section 15301 (Class 1) and 15302 (Class 2) of the Callfornlia Code of Regulations, (Guidelines for the California Environmental Quality Act). IL The Planning Commission hereby approves Conditional Use Permit 2017-00007 and Desigin Review 2018-00011, a request for authorization for on-site alcoholic beverage consumption, live entertainment and outdoor seating in conjunction with remodel,, expansion; and fagade upgrade to an existing restaurant, located at 1222 Irvine Boullevard, PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 10' day of August, 2018. AUSTIN LUD Chairperson 44 tlL.IiZABETH A. BINSACK Planning Commission Secretary Resolufion No, 4370 Page 4 STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTlN 1, ELIZABETH A. BINSA,CK, the undersigned, hereby certify that I am the Planning Commission Secretary of the Planning Commission of the City of Tustin, California, that Resolution No, 4370 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 14th of August, 2018. PLANNING COMMISSIONER AYES: Kozak, Lumbard, Mason, Thompson (4) PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINEU PLANNING COMMISSIONER ABSENT: ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 2018-00007 DESIGN REVIEW 2018-00011 GENERAL (1) 1.1 The proposed project shall substantially conform to the submitted plans for the project date stamped August 14, 2018, on file with the Community Development Department, as herein modified, or as modified by the Community Development Director in accordance with this Exhibit. The Director may also approve subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code or other applicable regulations. (1) 1.2 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) 1.3 Approval of Conditional Use Permit 2018-00007/Design Review 2018- 00011 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) 1.4 Approval of CUP 2018-000071DR 2018-00011 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. Failure to comply with conditions of approval, or if the establishment creates undue burden to City resources, or if the CUP is abandoned for a twelve (12) month period, these circumstances shall be grounds for revocation of the CUP. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) BUILDING CODE (7) PC/CC POLICY (4) DESIGN REVIEW "* EXCEPTION Exhibit A Resolution No. 4370 Page 2 (1) 1.5 Any transfer of ownership of the establishment and/or operator shall require the new owner and/or operator to sign and return an "Agreement to Conditions Imposed" form provided by the Community Development. Failure to do so would be a basis for revocation proceeding. (1) 1.6 Any violation of any of the conditions imposed is subject to the issuance of an Administrative Citation pursuant to Tustin City Code (TCC) Section 1162(a). (1) 1.7 CUP 2018-00007/DR 2018-00011 may be reviewed on an annual basis, or more often if necessary, 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 2018-00007/DR 2018-00011, or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the Community Development Director shall impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke CUP 2018-00007/DR 2018-00011. (1) 1.8 As a condition of approval of CUP 2018-00007/DR 2018-00011, 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 applicants 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) 1.9 The applicant 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) 1.10 All on-site signage, including permanent and temporary signs/banners, shall comply with the Tustin City Sign Code. Exhibit A Resolution No. 4370 Page 3 (1) 1.11 All final exterior colors and materials shall be subject to review and approval of the Community Development Department and final field inspection by the Planning Division. Colors, materials and textures shall be noted on the construction plans. (1) 1.12 Any proposed painted wall signs, including murals graphics to be added to the building shall require a separate approval of a CUP. (1) 1.13 All proposed landscaping and irrigation plans shall comply with the City's Water Efficiency Landscape Ordinance. (1) 1.14 An irrigation plan should be provided which shows the location and control of backflow prevention devices at the meter, pipe size, sprinkler type, spacing, and coverage details for all equipment. Install efficient irrigation systems which minimize runoff and evaporation and maximize the amount of water which will reach the plant roots. Drip irrigation, soil moisture sensors, and automatic irrigation systems are a few methods of increasing irrigation efficiency. (1) 1.15 All plant materials shall be installed in a healthy and vigorous condition, typical to the species, and shall be maintained in a neat and healthy condition. Maintenance includes, but is not limited to, trimming, mowing, weeding, removal of litter, fertilizing, regular watering, and replacement of dead or diseased dying plants. Unhealthy or dead trees shall be replaced within seventy-two (72) hours upon notification by the City. USE RESTRICTIONS (1) 2.1 Authorization for on-site sales of alcohol with ancillary off-site sales is contingent upon the primary restaurant use remaining at the subject site. At such time the use is discontinued or no longer the primary use of the site, the use permit shall be deemed null and void. The gross annual sales receipts shall be provided to the Community Development Department upon request. To verify that the gross annual sale of food exceeds the gross annual sales, an audited financial statement shall be provided for review and approval by the Community Development Director upon 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. Exhibit A Resolution No. 4370 Page 4 (1) 2.2 This approval authorizes on-site alcoholic beverage sales with ancillary off-site sales in conjunction with a restaurant. Any changes and/or upgrades to the ABC License shall be reviewed and approved by the Community Development Director. 2.3 All restaurant seating shall be in accordance with the approved plans date stamped August 14, 2018. Modifications to the seating areas may be considered by the Community Development Director if it is determined that no impacts to the surrounding properties will occur. ALCOHOL (1) 3.1 Business hours are limited to the following: - Monday—Thursday— 11:00 am — 12:00 midnight Friday— 11:00 am — 1:00 am Saturday, Sunday & Holidays —7:00 am — 1:00 am Food service shall be available during all hours when alcoholic beverages are served. Outdoor seating areas for the restaurant shall be available for use only during restaurant business hours. (1) 3.2 The applicant shall obtain the appropriate license from the State Department of Alcoholic Beverage Control (ABC) for the type of alcoholic sales authorized for the site. A copy shall be provided to the City prior to operating the alcoholic sales. (1) 3.3 Approved uses shall comply with all applicable State, County and the TCC. Any violations of the regulations of ABC 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 CUP. (1) 3.4 The sale and consumption of alcoholic beverages in the outdoor seating area and sale of sealed growlers/bottles of beer for off-site consumption shall 'be restricted by and subject to any required ABC or other applicable license or permit governing the business establishment. Any outdoor seating area where alcoholic beverages are sold or consumed shall be enclosed by a physical barrier and shall be supervised at all times by an employee of the restaurant. The sealed growlers/bottles of beer may be sold on the premises to accompany to-go food on-site for off-site consumption in accordance with the approved floor plan. Exhibit A Resolution No. 4370 Page 5 (1) 3.6 All managers and employees selling alcoholic beverages shall undergo (7) and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages. The California Department of ABC must approve said training program. Records of each employee's successful completion of the certified training program required by this section shall be maintained on the premises of the alcoholic beverage sales establishment and shall be presented upon request by a representative of the City of Tustin. (1) 3.6 The applicant or an employee of the licensee must be present to monitor all areas of the establishment during all times that alcoholic beverages are being served or consumed. (1) 3.7 The applicant shall at all times utilize an age verification means or device for all purchases of alcoholic beverages. Such verification of age is not intended to discriminate against patrons based on race, ethnicity or legal status, but only to comply with state law restricting the sale of alcohol to those twenty-one (21) and older. (1) 3.8 Employees and contract security personnel shall not consume any alcoholic beverages during their work shift, except for product sampling for purposes of employee education about new products. Under no circumstances may contract security personnel consume alcoholic beverages during their work shift. (1) 3.9 All persons serving alcoholic beverages within a restaurant establishment must be eighteen (18) years of age or older and supervised by someone twenty-one (21) years of age or older. The supervisor shall be present in the same area as point of sale. (1) 3.10 There shall be no special events sponsored by or involving an outside (7) promoter or any other person other than the applicant and/or property owner. The building may not be sublet to a separate business or promoter or person other than the applicant and/or property owner. (1) 3.11 In the event that there is a queuing line, the business owner, or his designee, shall be responsible for monitoring the queuing lines at all times. No food or beverages shall be consumed while in queuing lines. The outdoor queuing line shall not block public walkways or obstruct the entry or exit doors of adjacent businesses. (1) 3.12 There shall be no requirement for patrons to purchase a minimum number of alcoholic drinks. Exhibit A Resolution No. 4370 Page 6 (1) 3.13 Games or contest requiring or involving consumption of alcoholic beverages shall be prohibited. (1) 3.14 Any pool tables, amusement machines or video games maintained on the premises at any time must be reviewed and approved in a security plan submitted to the Community Development Department and the Tustin Police Department. (1) 3.15 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. (1) 3.16 If requested by the Tustin Police Department, the business shall install and maintain a video surveillance system to monitor all doors, public area of the premises and parking areas and shall make the video available to the Tustin Police Department. Electronic copies of videos shall be made available to the Tustin Police Department within forty- eight (48) hours of request. Digital recording shall be made available for viewing on-scene upon request by a Police Officer. The business shall retain video surveillance for one (1) month. All video surveillance cameras must record in color, with digital recording to DVR and able to record in low-light. (1) 3.17 The owner or manager of the licensed premises shall maintain on the premises a written security policy and procedures manual, which have been approved by the Tustin Police Department, addressing at a minimum the following items: • Identifies individuals who are responsible for the premises. The list shall include contact information such as name, address, phone number, etc. and the list shall current and accurate. • Procedures for handling obviously intoxicated persons. • The method for establishing a reasonable ratio of employees to patrons, based upon activity level, in order to ensure adequate staffing levels to monitor beverage sales and patron behavior. • Procedures for handling patrons involved in fighting, arguing or loitering about the building, and/or in the immediate adjacent area that is owned, leased, rented or used under agreement by the licensee(s). Exhibit A Resolution No. 4370 Page 7 • Procedures for verifying the age of patrons for purposes of alcohol sales. • Procedures for ensuring that servers monitor patrons to ensure that their drinking limit/potential intoxication is not exceeded. This procedure should include a description of the procedure the server would use to warn, or refuse to serve, the patron. • Procedures for calling the police regarding observed or reported criminal activity. . • Procedures for management of queuing lines. • The location and description of any video games proposed to be on the premises. • Coordination of on-site security with Tustin Heights Shopping Center security measures and personnel. (1) 3.18 "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) 3.19 There shall be no window coverings or advertisements that reduce the visibility inside of the business. (1) 3.20 All signs shall comply with the Tustin Sign Code and the following: • There shall be no exterior advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. No interior displays of alcoholic beverages or signs which are clearly visible to the exterior. • Permissible window displays must be kept to a minimum for maximum visibility and shall not exceed twenty-five (25) per cent of window coverage. • Except for restaurants, the applicant shall post "NO LOITERING' sign prohibiting loitering on the exterior of the premises. • Signs shall be posted in a conspicuous space at all entrances/exits of the premises which shall state, "NO ALCOHOLIC BEVERAGES BEYOND THIS POINT." Exhibit A Resolution No. 4370 Page 8 (1) 3.21 Any graffiti painted or marked upon the premises or any adjacent area under control of the property owner or the business shall be removed or painted within twenty-four (24) hours of being applied. (1) 3.22 As part of the State-required Organics Diversion Program, the applicant shall provide collection receptacles with the kitchen area, and contract haul service, for organic waste. (1) 3.23 No sexually oriented businesses shall be conducted on the premises without approval by the City in accordance with TCC. OUTDOOR PATIO SEATING DESIGN & USE (1) 4.1 The 3,888 square-foot exterior patio areas (1,368 square-feet covered patio, 1,632 square-feet open patio and 398 square feet entry patio), located on the northeast elevation abutting the restaurant, includes tables, seating and recreational area for restaurant patrons. The outdoor seating area must comply with the approved plans and regulations and requirements set forth in TCC Section 9277. A 490 square foot kid's play area is also proposed on the northeast elevation abutting the restaurant. Any significant modifications to the outdoor seating area/patio or kids play area must be approved by the Community Development Director. *** 4.2 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 maintained in a clean condition at all times. (1) 4.3 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 seating areas shall be cleaned on a continual daily basis. (1) 4.4 An outdoor seating area may have a menu board that does not exceed six (6) square feet in area. (1) 4.5 The outdoor seating area shall not obstruct any fire exit, fire escape, or other required ingress or egress to any structure or property. (1) 4.6 All outdoor seating use shall comply with the City's Noise Ordinance. (1) 4.7 Adequate lighting shall be provided to illuminate the outdoor seating area, subject to Community Development Department review and approval. Exhibit A Resolution No. 4370 Page 9 (1) 4.8 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 seating area shall not be detrimental to the health, safety, or welfare of persons residing or working in the vicinity. LIVE ENTERTAINMENT USE (1) 5.1 A Live Entertainment Permit shall be obtained through the Business License Division prior to establishing, conducting, or carrying on any live entertainment. The Live Entertainment Permit shall be non-transferable to any person(s). (1) 5.2 Operation of live entertainment is contingent upon the use of the premises remaining a restaurant use. Should the use of the premises change from a restaurant use, this CUP shall be null and void. (1) 5.3 The live entertainment shall remain ancillary to the primary restaurant use. At such time the primary use is discontinued or no longer shall be the primary use of the property, the use permit is deemed null and void. (1) 5.4 The ambient noise levels resulting from the live entertainment shall not exceed the standards of the City's Noise Ordinance. Outside address speakers, telephone bells, buzzers, and other similar devised, which are audible from adjoining properties, shall be prohibited. Doors to the restaurant shall remain closed when live entertainment is being performed. (1) 5.5 The live entertainment 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. Live entertainment shall be conducted entirely within the interior of the restaurant. (1) 5.6 The live entertainment shall . not be open to view from outside the premises. The applicant shall install an opaque covering over the window(s) located in the entertainment area, subject to approval by the Community Development Department. Exhibit A Resolution No. 4370 Page 10 (1) 5.7 Live entertainment shall be limited to the following: • Number of Performers: Three (3) • Frequency: Three (3)times per week • Hours: 8:00 p.m. — 11:00 p.m. weeknights and 12:00 p.m.-11:00 p.m. weekends Any future changes to the frequency of live entertainment, shall be subject to review and approval of the Community Development Department. . (1) 5.8 All litter shall be removed from the exterior areas around the premises including public sidewalk areas, alleys and parking areas, no less frequently than once each day that the business is open and/or live entertainment is performed. (1) 5.9 No alcoholic beverages shall be consumed within the public property or the public right-of-way. (1) 5.10 Fire and Police access and passage shall be permitted at all times. (***) 5.11 If in the future the City's Community Development Director, Police Chief and/or Public Works Department determine that a parking, traffic, or noise problems exists on the site or in the vicinity as a result of the facility, the Community Development Director, Police Chief, and/or Public Works Department may require the applicants to prepare a parking demand analysis, traffic study, or a noise study, the applicant shall be required to provide measures to be reviewed and approved by the Community Development Department, Police Chief, and/or Public Works Department. Said measures may include, but are not limited to, the following: a. Adjust hours of operation b. Eliminate live entertainment c. Reduce the number/frequency of performers d. Require additional on-site security personnel e. Provide additional parking (1) 5.12 There shall be an individual assigned during all open business hours in charge of occupancy. This individual shall assure the occupancy limits established by the City are within compliance. PLANCHECK SUBMITTAL (1) 6.1 At the time of building or encroachment permit application, the plans shall comply with the latest edition of the codes, City Ordinances, State, Exhibit A Resolution No. 4370 Page 11 Federal laws, and regulations as adopted by the City Council of the City of Tustin. *** 6.2 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. *** 6.3 Current Federal American with Disability Act (ADA) requirements shall be met at sidewalk adjacent to the site. A minimum of four (4) foot clearance shall be provided at all times. (1) 6.4 Prior to issuance of any permits, the applicant shall submit for approval by the Community Development and Public Works Departments, a Non- Priority Water Quality Management Plan (WQMP). (1) 6.5 Prior to issuance of a Building Permit, the applicant shall provide written approval of sanitary sewer and domestic water service connections from the East Orange County Water District (EOCWD). (1) 6.6 Prior to issuance of a Building Permit, the applicant shall submit a Fire Master Plan to the Orange County Fire Authority (OCFA) for review and approval. (1) 6.7 Prior to issuance of a Building Permit, the applicant shall submit an architectural plan to the Orange County Fire Authority (OCFA) for review and approval. (1) 6.8 Prior to issuance of a Building Permit(s), payment of the most current 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 for the addition. The fee rate schedule automatically increases on July 1St of each year. (1) 6.9 If the existing fire sprinkler system requires modification, the applicant shall submit a plan detailing the fire sprinkler system for the building to the Orange County Fire Authority (OCFA) for review and approval. Said Plan shall be approved by OCFA prior to the issuance of a Building Permit. (1) 6.10 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 Exhibit A Resolution No. 4370 Page 12 will comply With the City's requirement (City Code Section 4351, et al) to recycle at least 65% 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-dollar $50.00 application fee and a 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, whichever is greater. In no event shall a deposit exceed $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) 6.11 Any damage done to existing public right-of-way improvements and/or utilities shall be repaired to the satisfaction of the City Engineer prior to final permit inspection. (1) 6.12 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) 6.13 Facility Solid Waste Collection and Recycling Plan. 1. The applicant, property owner, and/or tenant(s) are required to participate in the City's recycling program. 2. Waste and Recycling collection facilities shall be equally and readily accessible by the property owner(s) or tenant(s). 3. 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. 4. Adequate collection capacity shall be provided to insure that collection frequency shall not exceed four times per week for commercial customers. 5. All trash enclosures shall be designed with solid roof and be able to accommodate at least two (2) 4-yd. bins, with at least one (1) bin reserved for recyclable materials. Exhibit A Resolution No. 4370 Page 13 6. Businesses that will be large generators of organic waste such as food scraps, must also have room for a 35- gallon, 60-gallon or two (2) cubic yard collection receptacle as part of the State required organics diversion program. (1) 6.14 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. C. If the applicant proposes to use an irrigation system, then a separate water meter may 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) 6.16 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) 6.16 The proposed domestic water system plans must conform to all applicable regulations enforced by the Orange County Health Department. (1) 6.17 Color and material samples depicting the proposed outdoor tables, chairs, shade sails, storefront details, and other proposed furnishings shall be submitted at plan check for review and approval by the Community Development Department. (1) 6.18 Prior to concealing interior construction, plans for the sprinkler monitoring system, the fire alarm system and hood and the duct extinguishing system must be provided to OCFA for review and approval. Exhibit A Resolution No. 4310 Page 14 FEES (1) 7.1 Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of 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.