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ZA AGENDA REPORT
E: 1995 [ nte1r"Com FEBRUARY 2 0� S (' TO: ZONING ADMINISTRATOR FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT AMENDMENT TO CONDITIONAL USE PERMIT 95-011 AND DESIGN' REVIEW 95-025 APPLICANT: LARRY W. GIBSON ARCHITECT & ASSOCIATES 700 WEST FIRST STREET, SUITE 14 TUSTIN, CALIFORNIA 92680 OWNER: THE RREEF FUNDS 1630 SOUTH SUNKIST STREET, SUITE A ANAHEIM, CA 92806 LOCATION: 1222 IRVINE BOULEVARD sZONING: RETAIL COMMERCIAL (C-1) TOWN.CENTER REDEVELOPMENT PROJECT AREA ENVIRONMENTAL STATUS: THIS PROJECT HAS BEEN DETERMINED TO CATEGORICALLY EXEMPT (CLASS 1) PURSUANT TO THE PROVISIONS OF SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ' REQUEST: TO INCREASE THE TOTAL NUMBER OF ALLOWABLE SEATS 'FROM 208 TO 226 IN CONJUNCTION WITH THE ESTABLISHMENT OF A RESTAURANT (CHUY'S) WITH OUTDOOR SEATING AND ON-SITE ALCOHOLIC BEVERAGE SALES. . RECOMMENDATION That the Zoning Administrator amend Condition No. 8.4 of Condi- tional Use Permit 95-011 and Design Review 95-025 by adopting Zoning Administrator Action'No. 96-001, as submitted or revised. BACKGROUND On August 14, 1995, the Planning Commission approved Conditional Use Permit 95-011 and Design Review 95-025, authorizing outdoor seating and on-site alcoholic beverage sales in conjunction with the re-establishment of a restaurant use at 1222 Irvine Boulevard (please see Planning Commission staff report, Attachment A) . Zoning Administrator Report Amendment to CUP 95-011 and Design Review 95--025 February 20, 1996 Page 2' Planning Commission Resolution No. 3376 established the necessary findings to substantiate the approval of the project (Attachment B) . Condition No. 8.4 of the Resolution authorized a maximum of 208 seats for the restaurant. The applicant is now requesting that the amount of seating for the restaurant be increased to 226 seats. ' Pursuant to Tustin City Code Section 9299b4 (d) , - the Zoning Administrator has the authority to amend Conditions of Approval established by the Planning Commission, provided that the amendments made do not alter the intent of the original land use approval.. The restaurant building is a freestanding tenant structure in the Tustin Heights shopping center, located on the south side of Irvine Boulevard, between Newport Avenue and Red Hill Avenue. A public hearing notice identifying the time, date and location of the public hearing on this project was published in the Tustin Weekly. Property owners within 300 feet of the site were notified of the hearing by mail and notices were posted on the site, at City Hall and at the Police Department. The applicant was informed of the availability of a staff report for this item. DISCUSSION Tustin Heights Center is presently nonconforming with respect to parking, in that the center currently provides 74 fewer parking spaces than the amount currently required by the Tustin City Code (667 required vs. 593 provided) . ' To ensure that no expansion of a nonconforming use would result, the Conditions of Approval for CUP 95-011 limited the subject proposal to 208 seats, which is equal to the previously-authorized seating count for the restaurant that formerly occupied the subject building, consisting of 64 outdoor seats and 144 - indoor seats. One parking space will be eliminated to accommodate' the site improvement plans associated with the remodel of the restaurant building. However, eleven new parking spaces will also be provided by the property •owner along the easterly side of the shopping center, resulting in a net increase of ten spaces within the shopping ;center. These new spaces were previously approved under CUP 94-018 and Design Review 94-026, but have not yet been installed. Zoning Administrator Report Amendment to CUP 95-011 and Design Review 95-025 February 20, 1996 Page 3 At this time, the applicant is requesting 'an expansion in. seating to accommodate a total of 226 patrons; these 18 additional• seats are proposed to be located entirely within the restaurant'building. -In accordance with the Tustin City Code requirement of one parking space for every three seats, the- property owner. has agreed to allocate six of the ten new parking spaces to accommodate the additional seating. since these new spaces are -not yet in place, a new Condition of Approval is proposed to require that the striping- for these parking spaces be installed prior to the issuance of a Certificate of occupancy for the new restaurant. Tustin City Code Section 9273 (Nonconforming Uses and Structures) states that a structure occupied by a nonconforming use may be expanded, provided that the expansion is in compliance with the regulations set forth in the Zoning Code. Staff believes that the intent of Code Section 9273 is satisfied in that the incremental increase in seating is accompanied by a corresponding increase in parking at the current parking rate of one parking space for every three seats. Therefore, staff has no objection to the proposed increase in seating. CONCLUSION Based upon the discussion provided, staff recommends that the Zoning Administrator approve the proposed amendment to Condition No. 8.4 of Conditional Use Permit 95-011. and Design Review 95-025, authorizing an increase in the maximum seating capacity from 208 to 226 in conjunction with the re-establishment of the restaurant use at 1222 Irvine Boulevard, subject to the findings and conditions of Zoning Administrator Action No. 96-001, as submitted or revised. Gre G n Associate Planner Attachments: Location Map Submitted plans Attachment A - Staff Report dated August 14, 1995 Attachment B - Planning Commission Resolution No-. - 3376, Adopted August 14-, 1995 Zoning Administrator Action No. 96-001. GG:br:cup9519a T": , - - LOCATION MAP `If' - 1 > i 1 1 � 1 m . i . a , i .f f . OLD IRVINE BLVD. 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S 0 U T H E L E V A T 1 0 N ¢`— �p 7 'A; IFS „igp I Q I I E A S T E L E V A T 1 0 N •' ,� ® C cc.csu.m.s N alq Of $@ .�.�e'"' p. -.uw.,.©�•N pn...00.� .. ^sas..m.wvm € U1 p❑Y.....w©��....-. Op.........vp ©or way..®.......u.o, p. n....®n � ..m..:..cno mu. L ' O ®p p.. m snw"'••'•"u• .r mue r.n.v.w m.u.rn. V �or.e.oi�rm.n me ma m ®0/��aa0 P41p�w mn �i T r • � A-5.1 ITEM N0. S Report 'to the `'GST Planning Commission DATE: AUGUST 14, 1995 SUBJECT: -CONDITIONAL USE PERMIT 95-011 AND DESIGN REVIEW 95-025 APPLICANT: STEVEN LANGFORD ARCHITECTS, -INC. JON HEDRICK, SENIOR DESIGNER 4 EXECUTIVE CIRCLE, SUITE 190 IRVINE, CA 92714 OWNER: THE RREEF FUNDS ATTN: MICHAEL F SEVERSON 1630 SOUTH SUNKIST STREET, SUITE A ANAHEIM, CA 92806 LOCATION: 1222 IRVINE BOULEVARD ZONING: ' RETAIL COMMERCIAL (C-1) TOWN CENTER REDEVELOPMENT PROJECT AREA ENVIRONMENTAL STATUS: THIS PROJECT HAS BEEN DETERMINED. TO CATEGORICALLY` EXEMPT (CLASS 1) PURSUANT TO THE PROVISIONS OF SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT REQUEST: AUTHORIZATION TO PROVIDE OUTDOOR SEATING, ON-SITE ALCOHOLIC BEVERAGE SALES AND NEON SIGNS AT AN EXISTING RESTAURANT IN THE TUSTIN HEIGHTS SHOPPING CENTER. RECOMMENDATION It is recommended that the Planning Commission approve Conditional Use Permit 95-011 and Design Review 95-025 by adopting 'Resolution No. 3376, as submitted or revised. BACKGROUND The applicant is requesting approval of a Conditional Use Permit to allow outdogr seating and on-site alcoholic beverage sales as part of the re-lastablishment of a restaurant use at 1222 Irvine Boulevard. In conjunction with this proposal, the applicant is also requesting' Design, Review approval to construct a minor addition to the building, architectural modifications to the building facade, landscape and parking lot improvements and neon signage. attachment A Planning Commission Report CUP 95-011 -& DR 95-025 August 14, 1995 Page 2 The restaurant building is a freestanding tenant structure in the Tustin Heights shopping center, located on the south side of Irvine Boulevard, between Newport Avenue and Red Hill Avenue. The shopping center, including the subject pad, was constructed in the mid-1960s under County standards . The pad itself is located at the northeasterly portion of the shopping center, with direct frontage on Irvine Boulevard. According to City records, the previous use of the subject building was a "Fiddlers Three" restaurant, which operated on the site from 1.965 to 1994 . In 1993 , a major remodel of the shopping center was approved by the Redevelopment Agency which included parking lot, landscaping and in-line tenant facade improvements (Design Review 92-039) . The subject building was not -a part of this renovation project. In 1992, Conditional Use Permit 92-031 was approved by the Planning Commission to establish a Master Sign Program for the renovated center. In 1993, an amendment to the Conditional Use Permit (CUP) was approved by the City Council authorizing the construction of a new 30-foot high, 160 square-foot center identification pole sign. . No• business identification was, proposed on the pole sign for the . tenants of the subject building. The subject property is zoned C-1 (Retail Commercial) and is located within the boundaries of the Town Center Redevelopment Area. Surrounding' uses consist of the Packers Square shopping center and condominiums to the south, commercial properties to the west and north, :a church and fire station to the north, single- family residences to the north and east, and professional offices to the east. The subject project is located within the Town Center Redevelopment Project Area, which requires Design Review approval by the Zoning Administrator. Since the proposed project also includes specific discretionary actions . by the . Planning Commission,- the Zoning Administrator has referred the Design Review to the Planning Commission for consideration pursuant to City Code Section 9299b.. A public heading notice identifying the time, date and location of the hearing ' on this project was published in the Tustin News . Property owners within 300 feet -of the property boundaries of the shopping center were notified of the hearing by mail and notices were posted on the site, at City Hall and at the Police Department. The applicant was informed of the availability of a staff report for this item. 1 1 Planning Commission Report CUP 95-011 & DR 95-025 August. 14, 1995 Page 3 DISCUSSION The proposed restaurant will be part of the Texas--based "Chuy' s" chain of restaurants . According to the applicant, the Tustin restaurant will be the first California location for the Tex-Mex style eatery. Submitted plans propose interior and exterior improvements' to the existing building. The commercial structure is presently _ about., 6, 251. square feet. An addition to the rear of the building wil increase the interior gross floor area to 6, 660 square feet. Interior improvements include three dining rooms, a bar and a small video game area. Exterior improvements include two dining patios, a complete facade remodel and modifications to the portion of the parking lot surrounding the building. A total of 208 seats is proposed, consisting of 144 seats for the interior dining. and bar areas and 64 seats for the outdoor dining areas . The proposed architecture consists of an, eclectic mix of styles, colors and details. All four elevations will receive enhanced architectural treatment. Southwestern parapets and trellis beams are combined with replicated historic industrial building features, such as exposed trusswork, corrugated metal awnings, horizontal wood siding, multi-paned windows and other features to convey a festive atmosphere at the street level. Exterior wall and parapet finishes consist of wood, stucco, plaster and used brick. The shake shingles on the existing hipped-roof will be replaced with grey standing-seam (ribbed) metal roofing panels. ' Other exterior details include decorative wrought iron railing, plaster columns, rough-sawn wood columns and gooseneck lamps. The ' architecture is undoubtedly different. from the architectural theme of the in-line tenants in the Tustin Heights Center. However, the design is not considered incompatible in that the restaurant building is separated from the rest of the center by over 300 feet of parking lot distance and is located in the easternmost portion of the Tustin Heights Center property. As a result of the site configuration and distance separation, the proposed Chuy' s restaurant is effectively a stand-alone business . A hardscapec! entry plaza with a fountain ' is- proposed at the building entrance, located at the northwest corner of the building facing Irvine Boulevard. The plaza will be paved with coral red stamped 'concrete. An open truss canopy supported by concrete post beams projecting from the building at a 45-degree angle lead to and formalize the entrance to the building. Planning Commission Report CUP 95-011 & DR 95-025 August 14, 1995 Page 4 A 7-foot tall decorative wall is proposed. at the rear of the building, facing the shopping center, to enclose and screen the trash containers, the electrical and mechanical panels and the receiving/staging area for deliveries. To further upgrade the appearance . of the exterior, the applicant proposes to remove the newsstands , and phone booth currently, located on the east, side of the building. In considering the approval of a CUP, the Planning Commission must ' find that the establishment, and the maintenance or operation of the use applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood of such proposed use, nor injurious or detrimental- to property and improvements in the neighborhood or the general welfare of the City. The following analysis provides evidence to support consideration for approval of the requests for outdoor seating and on-site alcohol sales: I. Outdoor Seating - In 1988, the Planning Commission adopted policy guidelines - (Resolution 2490) to be 'used in reviewing applications for outdoor seating areas. The criteria included in t4ie guidelines are discussed below as they apply to this project . a. Alcoholic Beverage Sales - The applicant is proposing a Type 1147" ABC license permitting the on-site consumption and sale of beer, wine and distilled spirits . The guidelines require that any outdoor seating area with alcoholic beverage sales shall be designed to meet the standards of the State Department of Alcoholic Beverage Control . Specifically, the patio area shall be clearly defined by physical boundaries,' and be accessible only from the. inside of the ,restaurant. The design of the proposed outdoor seating area is consistent with these guidelines. Furthermore, the outdoor seating area must be supervised by a restaurant employee to ensure conformance with all laws regarding consumption of alcoholic beverages while orf the restaurant premises. Conditions of approval are included in the attached resolution requiring that all persons serving alcoholic beverages must be eighteen years of age or older and supervised by someone twenty-one years of age or older; and all alcoholic beverages shall be consumed on-site. i f Planning Commission Report CUP 95-011 & DR 95-025 August 14, 1995 Page 5 b. Conformance to Parking Requirements - Tustin Heights Center is non-conforming with respect to parking, in that the center currently provides fewer parking spaces than the amount currently required by the Tustin City Code. A total of 208 seats are proposed for the project, which is equal to the amount authorized for the previous restaurant use of the site. Since the parking.. ' requirement for restaurants is based on seating, an increase in the seating for the Chuy's restaurant over the amount that was previously authorized for the Fiddlers Three restaurant would constitute an expansion of a non-conforming parking situation, which would not be authorized pursuant to Section 9273 (Nonconforming Structures and Uses) of the Tustin City Code. The applicant does propose to eliminate one parking space to accommodate the construction of the entry .plaza. However, 11 new parking spaces are proposed along the easterly side of the shopping center, which will result in a net increase of 10 spaces in the Center, bringing the subject property closer to conformity with the current City Code parking standards by reducing the parking deficit in the Center to 24 spaces. C. Clean Up Facilities - The guidelines require that all outdoor seating areas should have adequate clean up facilities, to ensure that outdoor eating areas do not become littered. Conditions of approval have been added requiring that all outdoor seating areas shall contain trash receptacles for use by the public or restaurant employees, and that the outdoor seating area shall be cleaned on a continual daily basis for removal of litter and food items which constitute a public nuisance. d. Design Compatibility - Both outdoor seating areas will be enclosed by low walls and wrought iron railing directly connected to the building, and will be architecturally integrated into the design of the building through the use of common design elements. Planning Commission Report CUP 95-011 & DR 95-025 August 14, 1995 Page 6 e. Location (Proximity) to Sensitive Uses - The nearest sensitive uses, as defined by the Guidelines, are the church and residences on the ' .north side of Irvine Boulevard. However, Irvine Boulevard is a high-volume major arterial, which separates both sides of the street by 100 feet of right-of-way, and provides no direct access between the north side and south side of the street. The Guidelines further recommend a distance separation of 200 feet between the outdoor dining areas and residential uses. Using the submitted site plan and the Assessor's maps, the distance between the dining area facing Irvine Boulevard and the nearest property of the residence located to the southeast of the site at 12971 Charloma Drive was measured to be approximately 1.60 feet. However, no residential properties front on Irvine Boulevard. As a result, the physical boundary created by Irvine Boulevard combined with the orientation of the residential lots at Charloma Drive" serve to satisfy the intent of the Guidelines. Overall, the applicant's proposal for outdoor seating is in substantial compliance with the Planning Commission' s outdoor seating guidelines. 2. ABC License Type- 47 - The applicant proposes the -on-site sale of beer, wine and distilled spirits. . In reviewing the applicant's request, staff compared the proposal with the Planning Commission's established policy guidelines in considering " . alcoholic beverage- sales � establishment applications (Resolution No. ' 2396) . • Certain standard conditions are generally imposed, both for on-site consumption in conjunction with a' restaurant and for off-site consumption establishments. Since the applicant does not propose off-site sales, only those guidelines pertaining to on-site alcohol sales apply. Overall, the applicant's proposal is within the context of these conditions, with the exception of the -following; a. No outdoor seating is allowed; b. No "bar" type seating is allowed; and Planning Commission Report CUP 95-011 & DR 95-025 August 14, 1995 Page 7 C. There shall be no pool tables or coin operated games on the premises at any time. The Planning Commission has previously approved ABC licenses where outdoor seating is proposed as long as an ABC-approved barrier is constructed along the boundary of the seating area. As previously discussed, the applicant proposes to enclose the. outdoor seating areas with low walls and wrought iron railing, and provide access to the outdoor dining areas through the.. ' interior of the restaurant only; i.e. no entrances to the outdoor seating areas will be provided from the outside. A Condition Of Approval has been added requiring the height of the enclosure wall to be in compliance with the ABC standards for outdoor seating barriers. ABC is the lead agency responsible for enforcing the conditions imposed on the license. Prior approvals have also been- granted for ABC licenses in conjunction with a restaurant for "bar" seating. Staff believes that the intent of this condition was to prevent new drinking-only type establishments within the City and was not necessarily intended to eliminate bar seating from use in a combined restaurant/drinking. establishment. It would be appropriate for the Commission to make an allowance in this case since the applicant proposes to have only 18 of the 208 seats at a bar setting (approximately 9 percent) '. The. submitted floor plan indicates that six video games are proposed in an area between the bar and the rest rooms. These games are considered by staff to be ancillary to the restaurant use, and 'will not attract customers who would come to the restaurant for the sole purpose of playing video games. The designated game area is located away from the entrance and is accessible only through the dining areas, -so only dining customers would have access to these machines. Access to the game area is located so that children or other patrons can enter this area without going through the bar seating area. Finally, the applicant has agreed to a condition requiring the game area .to be supervised to ensure that no loitering will be allowed -and that only dining patrons and employees will be permitted access to the video games. Based on these circumstances, staff does not foresee that allowing video games as proposed by the applicant would generate enforcement problems or otherwise create a detriment . to the restaurant patrons or to the community at large. Planning Commission Report CUP 95--011 & DR 95-025 August 14, 1995 Page 8 „ Neon Signs one primary and two secondary channel-letter wall signs and a monument sign are proposed in accordance with the Tustin Heights Center Master Sign Program, and will be approved at the staff level. The applicant proposes to utilize red exposed neon illumination with non--illuminated white returns . Pursuant to Sign Code Section 9404c2 , neon signs require Planning Commission approval. The primary sign facing Irvine Boulevard is proposed to be 71 square feet. The west and south secondary signs are proposed to be 21 and 25 square - feet, respectively.. The proposed monument sign will be 6 feet in overall height with 20 square feet of sign .area per face. These proposed specifications 'ate within the height and area limitations of the Sign Code, and are considered to be appropriate to the scale of the building. The exposed neon feature is compatible with the eclectic architecture of the building, and thus complies with the provisions of Tustin City Code Section 9404c2, which-requires neon signage to be . "integrated within a building' s architectural design. Therefore, staff has no reservations with respect to the applicant ' s request . ' CONCLUSION Based upon the discussion provided, it is recommended that the Planning Commission approve Conditional Use Permit 95-011 and ' Design Review 95-025 authorizing outdoor seating and on-site alcohol sales, facade and site renovations and neon signs in conjunction with the re-establishment of the restaurant use at 1222 Irvine Boulevard, subject to the findings' and- conditions of Resolution No. 3376, as bubmitted or revised. Greg Gubfnan Daniel ox, AICP Assistant Planner, Senior Planner Attachments : ' Location Map Submitted plans Resolution No. 3376 GG:br:\cup95011 i 1 RESOLUTION NO. 3376 v 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE 3 PERMIT 95-011 AND DESIGN REVIEW 95-025, AUTHORIZING OUTDOOR SEATING, THE ON--SITE SALE 4 OF BEER, WINE AND DISTILLED SPIRITS, FACADE AND SITE RENOVATIONS AND NEON SIGNS IN 5 CONJUNCTION WITH A RESTAURANT AT 1222 IRVINE BOULEVARD. 6 - The Planning Commission does hereby resolve as follows: 7 I . The Planning Commission finds and determines as 8 follows : 9 A. That a proper application for Conditional Use Permit 95-011 and Design Review 95-025 was 10 filed by Steven Langford Architects to request establishment of outdoor seating, the on-site 11 sale of beer, wine and distilled spirits, facade and site renovations and neon signs in 12 conjunction with a' restaurant at 1222 Irvine Boulevard. 13 B. That the proposed use is allowed within the C- 14 1, Retail Commercial Zoning District, with the approval of a Conditional Use Permit. 15 C. That a public hearing was duly called, noticed 16 and held on said application on August 14, 1995 by the Planning Commission. 17 D. That establishment, maintenance, and operation 18 of on-site alcoholic beverage sales will not, under the circumstances bf this case, be 19 detrimental to the health, safety, morals, comfort, or general welfare of the persons 20 residing or working in the neighborhood of such - proposed use, nor be injurious br 21 detrimental to the property and improvements in the neighborhood' of the subject property, 22 or to the general welfare of the City of Tustin, as evidenced by. the' following 23 findings: 24 = 1. The application is in substantial ,compliance with the City' s adopted 25 guidelines for alcoholic beverage sales establishments, which have been 26 established and considered to mitigate 1 potential impacts associated with ' the 27 sale of alcohol . 28 attachment B Resolution No. 3376 d, Page 2 i 2 . The sale of beer:, wine and distilled 2 spirits will be for on--site consumption only. 3 3 . Hours of sales of beer, wine and 4 distilled spirits shall be limited to- the hours when food is available. Menu items 5 shall be available in the restaurant during business hours . 6 4 . All persons serving beer, wine and 7 distilled spirits shall• be eighteen (18) years of age or older and supervised by 8 someone twenty-one (21) years of age or., ' older. The supervisor will be present in 9 the 'same area as point of sale. 10 S. Proposed video games are ancillary to the restaurant use, and will not attract 11 customers who would come to the restaurant for the sole purpose of 12 playing video games. Conditions of Approval require the - game area to be supervised to ensure that no loitering will be allowed and that only dining 14 patrons and employees will be permitted access to the video games . 15 16 E. That establishment, maintenance, and operation of outdoor seating in conjunction with a 17 restaurant use, under the circumstances of this case, be detrimental to the health, 18 safety, morals, comfort, or general welfare of the persons residing or working in the 19 neighborhood of such proposed use, nor be injurious or detrimental to the property and 20 improvements in the neighborhood of the subject property, or to the general welfare of 21 the City of Tustin, as evidenced by the following findings : 22 1 . The application is in ', substantial 23 compliance with the City' s adopted guidelines for outdoor seating in 24 conjunction with restaurant uses, which have been established and considered to 25 ensure compatibility with surrounding uses. 6 27 28 I Resolution No. 3376 Page 3 1 2 ,2 . The serving of alcohol in the outdoor seating areas shall be consistent with 3 Department of Alcoholic Beverage. Control standards in that barriers shall be 4 constructed along the boundaries of the seating areas, allowing access from the 5 inside of the restaurant only. 6 3 . Adequate parking is proposed for the outdoor seating areas pursuant to Section 7 9232c (2) (f) of the Tustin City Code. 8 4 . The outdoor seating areas will be. architecturally integrated into the 9 overall design of the restaurant through the use of common design elements . 10 5 . The nearest sensitive uses, a church and 11 residences, are separated from the proposed use by Irvine Boulevard, a high- volume major arterial which provides no direct access between the north side and 13 the south side of the street. The overall right-of-way width separating the 14 proposed use from the existing sensitive uses is 100 feet. 15 ' F. Pursuant to Section 9272 of the Tustin 16 Municipal Code, the Commission finds that the location, size, architectural features and 17 general appearance of Design Review 95-025, including the proposed neon signs, will not 18 impair the orderly and harmonious development of the area, the present or future development 19 therein, or the occupancy as a whole. In making such findings, the Commission has 24 considered at least- the following - items: 21 1. Height, bulk and .area of buildings. 22 2 . Setbacks and site planning. 23 3 . Landscaping, parking area design and traffic circulation. 24 4 . Location, height and standards of 25 exterior illumination. 26 5 . Location and method of refuse storage. 27 G . Physical -relationship of proposed improvements to existing structures � in 28 the neighborhood. -- Resolution No. 3376 i Page 4 7. Appearance and design relationship of 2 proposed improvements to existing structures .and possible future structures 3 in the neighborhood and public thoroughfares . 4 8 . Development Guidelines and criteria as 5 adopted by the City Council . 6 G. This project has been determined to be categorically exempt (Class 1) pursuant to 7 Section 15301 of the California Environmental Quality Act. 8 H. That the project has been reviewed for" 9 consistency with the Air Quality Sub-element of the City. of Tustin General Plan and has 10 been determined to be consistent with the Air Quality Sub-element. 11 12 II . The Planning Commission hereby approves Conditional Use Permit No. 95-011 and Design Review 95--025 to authorize establishment of outdoor seating, the on- site sale of beer, wine and distilled spirits, 14 facade and site - renovations and neon signs in conjunction with a restaurant at - 1222 Irvine 15 Boulevard, subject to the ,Conditions contained in Exhibit A, attached hereto. 16 17 PASSED AND-ADOPTED by the Planning Commission of the City 18 of Tustin, at a regular meeting 'on the 14th day of August, 1995 . 19 20 21 MARJORIE KASALEK 22 Chairperson 23 BARBARA REYES ' Recording Secretary �4 25 2.7 28 Resolution No. 3376 Page 5 1 2 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) 3 CITY OF TUSTIN ) 4 I, BARBARA REYES, the undersigned, hereby certify that I am the Recording Secretary of the Planning 5 Commission of the City of Tustin, California; that Resolution No. 3376 was duly passed and adopted at 6 a regular meeting of the Tustin Planning Commission, held on the 14th day of August, 1995 . 7 8 BARBARA REYES 9 Recording Secretary 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT A CONDITIONAL USE PERMIT 95-011 AND DESIGN REVIEW 95-025 CONDITIONS OF APPROVAL RESOLUTION NO. 3376 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped August 14, 1995, on file- with the Community Development Department, except as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Director of Community Development may also approve minor modifications to plans during plan check if such modifications are to be consistent with the provisions of the Tustin City Code. (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with prior to the issuance of any building permits for the project, subject to review and approval by the Community Development Department . (1) 1.3 The subject project approval shall become null and void unless permits for the proposed project are issued within eighteen (18) months of the date of this Exhibit and substantial construction is underway. Time extensions may be granted if a written request is received by the Community Development Department within thirty (30) days prior to expiration. The issuance of an ABC license prior to the commencement of substantial construction shall not vest approval of the subject project . (1) 1 .4 Approval of Conditional Use Permit 95-011 and Design Review 95-025 is contingent- upon the applicant and property owner signing and returning an "Agreement to Conditions Imposed" form as established by the Director of Community Development. (1) 1.5 The applicant shall hold and defend the City of Tustin harmless for all claims and liabilities arising out of City' s approval of. the entitlement process 'for this project. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY (2) CEQA MITIGATION REQUIREMENTS (3) UNIFORM BUILDING CODE/S (6) LANDSCAPING GUIDELINES (4) DESIGN REVIEW (7) PC/CC POLICY *** EXCEPTIONS Exhibit A Resolution No. 3376 Page 2 � - PLAN SUBMITTAL (1) 2 .1 At building plan check, submit three (3) sets of construction and site improvement plans in accordance with applicable Building and Fire Codes. Compliance with approved plans shall be inspected" by the Community Development Department during construction and prior to final inspection. (1) '2 .2 The building shall comply in all respects with the Building Code; other related codes, City Ordinances, and State and Federal Laws and regulations. (1) 2 .3 Health Department approval is required prior to issuance of a building permit. (3) 2 .4 Provide dimensions between tables, chairs, and walls.. All seating areas must meet all UBC requirements, including American Disability Act (ADA) requirements . (7) 2 .5 Provide manufacturer' s specifications and details or catalog information regarding outdoor tables, seats, and trash receptacles. No alterations to the approved colors or fabrics of -the tables, seats, structural elements, umbrellas, furniture, covers, trash receptacles, or other physical elements which are visible to the public right- of-way shall be made without prior written approval from the Community Development Department. (3) 2'-.6 A parking space, primary entrance to the building, - the primary path of travel, sanitary facilities, drinking fountain, and public telephones shall be accessible' to persons with disabilities . (6) 2 .7 Prior to the issuance of any building or grading permits, submit at Plan Check complete detailed landscaping and irrigation plans for all landscape areas proposed on the site consistent with adopted City of Tustin Landscaping and Irrigation Submittal Requirements . Provide summary table applying indexing identification to plant materials in their actual location. The plant table shall list botanical and common names, sizes, spacing, location and quantity of the plant materials proposed. Show planting and berming details, soil preparation, 'staking, etc. The irrigation plan shall show location and control of backflow prevention devices, pipe size, sprinkler type, spacing and coverage. Details for all equipment must be provided. Show all property lines on the landscaping and 'irrigation plan, public right-of-way areas, sidewalk widths, parkway areas, and wall locations . The community Development Department may request minor substitutions of plant materials or request additional sizing or quantity f Exhibit A Resolution No. 3376 Page 3 of materials during Plan Check. Note on landscaping plan that coverage of landscaping and irrigation materials is subject to -field inspection at project completion by the Community Development Department. (6) 2 . 8 The submitted landscape and irrigation plans at Plan Check shall be in substantial conformance with the conceptual landscape plans and shall reflect the following requirements, either incorporated into the design and/or construction or included as notes : a. Shrubs shall be a - minimum five gallon size and shall be spaced a minimum of eight feet on center when intended .as screen planting. b. Groundcover shall be planted between eight to twelve inches on center. C . When one gallon plant sizes are used the spacing may vary according to materials used. d. All plant materials shall - be installed in a healthy, vigorous condition typical to the species and must 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 diseased or dead plants . e. Buffer driveway and parking areas with landscaping berms when possible. f . Six. (6) inch raised concrete curbs shall be placed on--site adjacent to all landscape planting areas . (1.) 2 .9 An adequate size trash enclosure with solid metal, self- closing, self-latching gates shall be provided. Said enclosure shall be screened by a solid decorative wall and be of a minimum height of six feet. The location of the enclosure and types of screening and details of the enclosure shall be submitted at- Building Plan Check and are, subject to approval by the Community Development Department. Details shall include gate - attachment, architecture, color and materials . The. location of bins, sizes and quantities shall be reviewed and accepted by Great Western Reclamation. Exhibit A Resolution No. 3376 Page 4 NOISE (1) 3 .1 All construction operations, including engine warm up, deliveries of Materials and equipment, shall be subject to the provisions of the City of Tustin Noise Ordinance as amended, and may take place only during the hours of 7 : 00 a.m. until 6 : 00 p.m. , Monday through Friday, and 9 : 00 a.m. to 5 :00 p.m. on Saturday, unless the Building Official determines that said activity will be in substantial conformance with the Noise Ordinance and the public health and safety will•not be impaired, subject to application being made at the time the permit for the work is awarded or during progress of the work. No Sunday or holiday construction shall be permitted. (1) 3 .2 Outside public address speakers, telephone bells, buzzers and similar devices which are audible on adjoining properties are. prohibited. PUBLIC WORKS (1) 4.1 Show sight lines on the landscape plan at the drive entrance per OCEMA Standard No. 1117 . (6) 4.2 The landscape materials shall not conflict with the visual requirements of the property's driveway approaches. FIRE AUTHORITY (5) 5 .1 Prior to the issuance of any building permits for combustible construction, a letter and plan from the developer shall be submitted to and approved by the Fire Chief . This letter and plan shall state that water for fire fighting purposes. and an all weather fire access road shall be in. place before any combustible materials -are placed on the site. (5) 5 .2 Prior to the issuance of any building permits, an Orange County Fire Authority Water Availability Form shall be submitted to and approved by the Engineering Section of the Orange County Fire Authority. If sufficient water to meet_ fire flow -requirements is not available, an automatic fire extinguishing system shall be installed in each structure. Exhibit A Resolution -No. 3376 Page 5 (5) 5 .3 'Prior to the issuance of any building permits, plans for the automatic fire sprinkler system shall be submitted to and approved by the Fire Chief prior to installation. This system shall be operational prior to the issuance of a Certificate of Use and Occupancy. (5) 5 .4 Prior to installation, plans for an approved - fire- suppression system for the protection of commercial-type cooking equipment shall be submitted to the Fire Chief for approval. (5) 5 .5 Prior to the issuance of building permits, plans for the fire alarm system shall be submitted to and approved by the Fire Chief prior to-installation. This system shall be operational prior to the issuance of a Certificate of . Use and Occupancy. (5) 5 . 6 Prior to the issuance of any building permits, construction details for any emergency access gate shall be submitted to and approved by the Fire Chief . Contact the Orange County Fire Authority at (714) 744-6623 for a copy .of the "Guidelines for Fire Authority Emergency Access. " (5) 5 .7 Prior to the issuance of any building permits, contact the Orange County Fire Authority Hazardous Materials Disclosure Office at (714) 744-0463 to obtain a "Hazardous Materials Business Information and Chemical Inventory Packet" . This shall be completed and submitted to the Fire Chief before the issuance of any building permits. (5) 5. 8 The following notes shall be provided on the site plan: A. Fire Authority Final Inspection required: Schedule inspection 2 days in advance. Phone ( 114) • 832-1011 B. Locations and classification of extinguishes to be determined by the fire inspector. C. Storage, dispensing or use of any flammable and combustible liquids, flammable and compressed gases • and other hazardous materials shall comply with Uniform Fire Code Regulations. Exhibit A Resolution No. 3376 Page 6 D. Building (s) not approved for high piled combustible storage. Materials in closely packed piles shall not exceed 15 feet in height, 12 feet on pallets or in racks and 6 feet for tires', plastics and some flammable liquids if high stock piling, shall comply with UFC, Art. 81 and NFPA Std. 231, 231C and 231D. E. Plans of modifications to or new fire protection, detector or alarm system(s) shall be approved by the Fire Authority prior to installation. ARCHITECTURE (1) 6 .1 All mechanical and electrical fixtures and equipment (4) shall be adequately and decoratively screened. The screen shall be considered as an element of the overall design of the project -'and shall blend with the architectural design of the building. All telephone and electrical boxes shall be indicated on the building plans and shall be completely screened. Electrical transformers shall be located toward the interior of the project maintaining . sufficient distance to minimize ` visual impacts from McFadden Avenue and Tustin Village Way. (1) 6 .2 Mechanical equipment such as, but not limited to heater (4) and filter units, pump units, air conditioning condensers and similar devices shall be screened from street view. (1) 6 .3 Exterior elevations of the building shall indicate any (4) fixtures or equipment to be located on the roof of the building, equipment heights and type .of screening. All roof mounted equipment, vents, exhausts or other roof penetrations shall be located a,minimum of 6 inches below the top of parapets. (1) 6 .4 "No Loitering" signs shall be posted on the site, with sign details and locations to be approved by the Community Development Department . (1) 6.5 All exposed metal flashing or trim shall be painted to match the building. (1) 6 . 6 No exterior down spouts shall be permitted. All roof (4) drains shall utilize interior piping, but may have exterior outlets at base of buildings. Exhibit A Resolution No. 3376 Page 7 (1) . 6.7 All on-site pavement within the delineated project boundaries as shown on the site plan shall be completely resurfaced and sealed. Pedestrian walkways shall be replaced or repaired such that they are free of significant cracks or other damage. Existing curbing shall- also be replaced or repaired. Color and materials of curbing are subject to review and approval by the Community Development Department . (1) 6. 8 Three (3) inch striping detail shall be shown for all parking spaces. Handicapped marking shall be provided on the designated accessible parking space. (1) 6 .9 The overall lighting for the project shall comply with the City of Tustin Security Ordinance and shall provide a minimum of one (1) footcandle of lighting illumination throughout the site. All exterior lighting shall be arranged as not to direct light or glare onto adjacent properties or streets. (1) 6.10 Provide exact detail's of all exterior door and window types, including but not limited to such information as frame color and glass tint. USE RESTRICTIONS - PROPERTY MAINTENANCE (1) 7 .1. The property owners of the restaurant shall be responsible for the daily maintenance and up-keep of the facility, 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 structures and adjacent facilities will be grounds for City enforcement of its Property Maintenance Ordinance, including nuisance abatement procedures. The applicant . is required to coat and protect all wall surfaces with a graffiti resistant finish and/or material. (4) 7 .2 To prevent loitering, no- exterior public phones are to be allowed on the subject site_ (4) 7 .3 Any violations of the Tustin City Codes or Conditions of Approval of this CUP shall be grounds for initiation of revocation proceedings of the Conditional Use Permit. (1) 7 .4 The subject 'property.shall be maintained in a safe, clean and sanitary condition at all times. Exhibit A Resolution No. 3376 Page 8 USE RESTRICTIONS - OUTDOOR SEATING (7) 8 .1 No alcoholic beverages will be permitted to be served in the outdoor seating area, unless an approved ABC barrier is provided and all necessary ABC licenses are obtained. (7) 8 .2 No outdoor entertainment shall be permitted, unless a Conditional Use Permit for such entertainment is obtained from the City of Tustin. (7) 8.3 Authorization for outdoor seating is contingent upon the use of the subject site remaining a restaurant . At such ' time that the restaurant use is converted to a different use, this use permit becomes .null and void. (7) - 8 .4 The number of outdoor seats is limited to sixty four (64), seats, and the number of tables is limited to eighteen tables . The applicant shall ensure that a three (3) foot clear pedestrian aisle is maintained at all times. These sixty four (64) seats shall be accounted for in considering the total number of seats permitted for the subject restaurant. A maximum of 208 seats is permitted for , the entire restaurant. For the purpose of calculating the number of seats, 24 inches of booth seating shall be calculated as one . seat . (7) 8 . 5 The outdoor seating area -shall be cleaned bn a continual, daily basis for removal of .litter and food items which constitute a public nuisance. The design of any trash receptacles to be placed within the outdoor seating area shall be compatible with the other elements of the outdoor seating area, as determined by the Community Development Department. (1) 8 .6 Pursuant to Tustin City Code Section 2523d('5) , a Business License shall be required for each proposed video game and other coin-operated machines . The fee for said machines shall be based upon gross receipts in accordance with the Business License schedule in effect during annual licensing periods USE RESTRICTIONS - ALCOHOLIC BEVERAGE SALES (7) 9 .1 No off-site consumption of alcohol for any type of ABC license is authorized. All alcoholic beverages shall be consumed on-site. Exhibit A Resolution No. 3376 Page 9 (4) 9 .2 Hours of sales of beer, wine and distilled spirits shall be limited to the hours when food is available between the .hours of 11: 00 a.m. and 1:00 a.m. , Monday' through Sunday. Menu items shall be available in the restaurant during business hours Any extension of these hours shall require approval of an Amendment to this Conditional Use Permit by the Zoning Administrator. (7) 9 .3 The menu of the restaurant shall consist of foods that are prepared on the premises. (1) 9 .4 Authorization for the on-site sales of beer, wine and distilled spirits (ABC License Type 114711) is contingent upon the use of the subject premises remaining a restaurant. Should this use change, authorization for this use permit is null and void. (7) 9 .5 There shall be no billiard tables, dancing or live entertainment on the premises at any time, unless approval of a Conditional Use Permit is obtained for these activities . • (7) 9 . 6 All persons selling alcoholic beverages shall be 18 years of age or older and• shall be supervised by someone 21 years of age or older_ A supervisor shall be present in same area as point of sale. FEES (1) 1.0 .1 Prior to issuance of any building permits, payment shall (5) be made of all applicable fees, including but not limited to the following. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. A. ' Building plan check and - permit fees to the Community- Development Department based 'on the most current schedule. B. New development fees in the amount of $ .10 per square foot of new floor area to the Community Development Department. Note: This fee applies only to the new floor area added to the existing building. C_ Major thoroughfare and bridge fees in the amount of $2 . 84 per square foot of new building area to the • Tustin Public Works Department. Note: This fee applies only to the new floor area added to the existing building. Exhibit A Resolution No. 3376. Page 10 D. School facilities fee to the Tustin Unified School District subject to any agreement ' reached and executed between the District and the applicant. (1) 10.2 Within forty-eight (48) hours of approval of the subject' (5) project, the applicant shall .deliver to the Community Development Department, a cashier' s check payable to the COUNTY CLERK in the amount of $25 . 00 (twenty-five dollars) 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 approval for the project granted herein shall be considered automatically null and void. . 3 ZONING ADMINISTRATOR ACTION 96-001 2 AMENDMENT TO CONDITIONAL USE PERMIT 95-011 AND DESIGN REVIEW 95-025 3 FEBRUARY 20, 1996 4 The Zoning Administrator of the City of Tustin does hereby resolve as follows: 5 1. The Zoning Administrator finds and determines as 6 follows: 7 A. That a proper application, to amend Condition No. 8.4 of Conditional Use Permit 95-011 and 8 Design Review 95-025, was filed by Larry W. Gibson Architect & Associates to authorize an 9 increase in the maximum number of allowable seats, from 208 to 226, in conjunction with 10 the establishment of a restaurant with outdoor seating at 1222 Irvine Boulevard. 11 B. That a public hearing was duly called, noticed 12 and held on said application on February 20, 1996 by the Zoning Administrator. 13 C. That the proposed use is allowed within the C- 1, Retail Commercial Zoning District, with the approval of a Conditional Use Permit. i5 D. Pursuant to Tustin . City Code Section 16 9299b4 (d) , the Zoning Administrator has the authority to amend Conditions of Approval 17 established -by the Planning Commission, provided that the amendments made do not alter 18 the intent of the original land use approval. 19 E. That an increase in the maximum number of allowable restaurant seats from 208 to 226 20 will not, under the circumstances of this case, alter the intent of the original land 21 use approval, or be. detrimental to the health, safety, morals; comfort, or general welfare of 22 the persons residing or working in the neighborhood of such proposed use, nor be 23 injurious or detrimental to the property and improvements in the neighborhood - of the 24 subject property, or to the general welfare of the City of Tustin, as evidenced by the 25 following findings: 26 1. Findings in support of the original request for the establishment of outdoor 71 seating, the on-site sale of beer, wine and distilled spirits, facade and site 28 renovations and neon signs in conjunction I Zoning Administrator Action 96-001 Page 2 1 . 2 with a restaurant at 1222 Irvine Boulevard have. previously been made, as 3 adopted under Planning Commission Resolution No. 3376, which determined 4 that the establishment, maintenance, and operation of the use applied for would 5 not be detrimental to the health, safety, morals, comfort, or general welfare- of 6 the persons residing -or working in the neighborhood of such proposed use, nor be 7 injurious or detrimental to the property and , improvements in the neighborhood of 8 the subject property, or to the general . welfare of the City of Tustin. 9 2. A net increase of ten (10) parking spaces 10 will be provided in conjunction with the increase of eighteen (18) seats for the 11 restaurant use. Based on the Tustin City Code Section 9232c(2) (f) requirement of 12 one parking space for every three seats, only six (6) additional parking spaces 13 are required to accommodate the proposed increase in seating. Therefore, the 14 proposed increase in seating will have no impact on available parking. 15 F. This project has been determined to be 16 categorically exempt (Class 1) pursuant to Section 15301 of the California Environmental 17 Quality Act. 18 G. That the project has been reviewed for consistency with the Air Quality Sub-element 19 of the City of Tustin General Plan and has been determined to be consistent with the Air 20 Quality Sub-element. 21 II. The Zoning Administrator hereby amends Condition No. 8 .4 of Conditional Use Permit 95-011 and Design 22 Review 95-025 to authorize an increase in the maximum number of allowable seats, from 208 to 226, 23 in conjunction with the establishment of a restaurant with outdoor seating at 1222 Irvine 24 Boulevard. 25 26 27 28 Zoning Administrator Action 96-001 Page 3 y s ' 3 PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular meeting held on the 20th day 4 of February, 1996. 5 6 RICK BROWN 7 Zoning Administrator 8 9 BARBARA REYES 10 Recording Secretary 11 STATE OF CALIFORNIA ) i2 COUNTY OF ORANGE } . CITY• OF TUSTIN ) 13 I, BARBARA REYES, the undersigned, hereby certify that I am the Recording Secretary of the Zoning Administrator in of the City of Tustin, California; that Zoning Administrator Action No. 96-001 was duly passed and 16 adopted at a regular meeting of the Tustin Zoning Administrator, held on the 20th day of February, 1996. 17 18 19 . 20 BARBARA REYES Recording Secretary 21 22 23 24 25 26 t 28 EXHIBIT A ZONING ADMINISTRATOR ACTION 96-001 CONDITIONS OF APPROVAL AMENDMENT TO CONDITIONAL USE. PERMIT 95-011 AND DESIGN REVIEW 95-025' GENERAL (1) 1.1 All Conditions of Approval as set forth in Exhibit A of Planning Commission Resolution 3376 shall remain in effect, . except that Condition No. 8.4 of said Exhibit is hereby amended as follows: The number of outdoor seats is limited to sixty four (64) seats, and the number of tables is limited to eighteen. The applicant shall ensure that a three (3) foot- clear pedestrian aisle is maintained at all times. These sixty four (64) seats shall be accounted for in considering the total number of seats permitted for the , subject restaurant. • A maximum of 226 seats is permitted- for the entire restaurant. For the purpose of calculating the number of seats, 24 inches of booth seating shall be calculated as one seat. (1) 1.2 The proposed project shall substantially conform with the submitted plans for the project date stamped February 20, 1996, on file with the Community Development Department, except as herein modified, or .as modified by the Director of Community Development in accordance with this Exhibit. The Director of Community Development may also approve minor modifications to plans during plan check if such modifications are to be consistent with the provisions of the Tustin City Code. (1) 1.3 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with prior to the issuance of any building permits for- the project, subject to review and approval by the Community Development Department. SOURCE CODES (1) STANDARD CONDITION '(5) RESPONSIBLE AGENCY (2) CEQA MITIGATION- REQUIREMENTS (3) UNIFORM BUILDING CODE/S (6) LANDSCAPING GUIDELINES (4) DESIGN -REVIEW (7) PC/CC POLICY *** EXCEPTIONS Exhibit A ZA'.Action 96-001 Amend. to CUP 95-01.1 & DR 95-025 Page 2 (1) 1.4 The subject project approval shall become null and void unless permits for the proposed project are issued within eighteen (18) months of the date of original project approval (August 14, 1995) and substantial construction is underway. Time extensions may be granted if a written request is .received by the Community Development Department within thirty (30) days prior to expiration. The issuance of an ABC license prior to the commencement of substantial construction shall not vest approval of the subject project. (1) 1.5 Approval of this Amendment to Conditional Use Permit 95- 011 and Design Review 95-025 is contingent upon the applicant and property owner signing and returning an "Agreement to Conditions Imposed" form as established by the Director of Community Development. (1)' '1.6 The applicant shall hold and defend the City of Tustin harmless from all claims and liabilities arising out of. City 's approval of the entitlement process for this. project. PLAN SUBMITTAL (3) 2.1 One (1) additional disabled access parking stall shall be required to .accommodate the increased seating capacity.. At building plan check, submit three (3) sets of revised construction and site improvement plans, showing. the additional disabled access stall and delineating the path of travel from said stall to the . entrance of the building. This requirement may be satisfied with no net reduction in total parking by modifying the parking lot striping plan adjacent to the entry plaza of the z , building. (1)' 2.2 At building plan check, also submit three (3), sets of (3) floor plans showing the revised seating layout for a (5) maximum of 226 seats in compliance with ADA standards and applicable UBC and UFC regulations. USE RESTRICTIONS (1) 3.1 Prior to the issuanTe of a Certificate of Occupancy (CO) , striping for a minimum of eleven (11) new parking spaces, shall be installed in the location depicted on the approved plans. Exhibit A ZA Action 96=001 Amend. to CUP 95-011 & DR 95--025 Page 3 FEES (1) 4.1 . Prior to the issuance of building permits for any (5) revisions, including those associated with this approval, payment shall be made of all applicable fees, including but not limited to the following. Payment shall be. required based upon those rates 'in effect at the time of payment and are 'subject to change. A. Building plan check and permit fees to the Community Development Department based on the most current schedule. B. New development fees in the amount of ;$. 10 per square foot of new floor area to the community Development Department. Note: This fee applies only to the new floor area added to the existing building. C: Major thoroughfare and bridge fees in the amount of $2 . 84 per square foot of new building area to the Tustin Public Works Department. Note: This fee applies only to, the new floor area added to the existing building, D. School facilities fee to the Tustin Unified School District subject to any agreement reached and executed between the District and the applicant. - (1) 4.2 Within forty-eight (48) hours of approval of the subject _ (5) Amendment, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of $25. 00 (twenty-five dollars) 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. i