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Home My WebLink About03 CUP 04-026 ITEM #3 Report to the Planning Commission DATE: DECEMBER 13, 2004 SUBJECT: CONDITIONAL USE PERMIT 04-026 APPLICANT! PROPERTY OWNER: LOCATION: KENNY DEWAN 17842 IRVINE BOULEVARD, SUITE 220 TUSTIN, CA 92780 171 E. FIRST STREET ZONING: DESIGNATED "COMMERCIAL" WITHIN THE FIRST STREET SPECIFIC PLAN ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1) PURSUANT TO SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT REQUEST: AUTHORIZATION TO CONSTRUCT A DRIVE-THROUGH LANE IN CONJUNCTION WITH AN EXISTING 2,983 SQUARE FOOT FAST- FOOD RESTAURANT ON THE NORTHWEST CORNER OF PROSPECT AVENUE AND FIRST STREET AT THE PROPERTY LOCATED AT 171 E. FIRST STREET. RECOMMENDATION That the Planning Commission adopt Resolution No. 3940 denying Conditional Use Permit 04-026 to construct a drive-through lane in conjunction with an existing 2,983 square foot fast-food restaurant, on the northwest corner of Prospect Avenue and First Street or take other action as deemed appropriate. BACKGROUND On June 9, 2003, the Planning Commission adopted Resolution No. 3870 (Attachment A - Resolution No. 3870) for Conditional Use Permit 02-018 and Design Review 02-018 approving the request to construct a 2,983 square foot restaurant with an outdoor dining area and denying the request to install a drive-through lane at 171 E. First Street (Attachment B - Location Map). After conducting a public hearing and taking public testimony (Attachment C - Minutes from Planning Commission meeting on June 9, 2003), the Planning Commission found that the drive-through lane would be detrimental to the health, safety, morals, comfort, and general welfare of the persons residing in the neighborhood in that: Planning Commission Report CUP 04-026 December 13, 2004 Page 2 a) The drive-through lane would be too close to the residences to the north, and the noise and activity from the speaker board and pick-up window would be noticeable and disruptive to persons residing in the area and be detrimental to their health, comfort, and general welfare; b) The potential traffic conflicts at the entrance to the drive-through lane cannot be entirely eliminated; and, c) The drive-through lane may not accommodate other types of fast food restaurants that typically generate higher amounts of traffic and queuing, and the applicant requested that he not be required to provide an estimate and post a bond to ensure removal of the drive-through lane in the event the Farmer Boys use ceases and another drive-through user cannot be accommodated on-site. Site and Surrounding Properties The site is located along a commercial corridor on First Street and is designated "Commercial" within the First Street Specific Plan (FSSP), north of Old Town Tustin and the Cultural Resources Overlay District. The site is bounded by single-family, detached homes to the north, retail uses across Prospect Avenue to the east and First Street to the south, and a tire shop immediately to the west (Attachment B - Location Map). Access to the site is currently provided from existing driveways on First Street and Prospect Avenue. FSSP Section 111(0)(1 )(2)(g) allows restaurants with drive-through service, subject to approval of a Conditional Use Permit (CUP). Public Noticing A public hearing notice identifying the time, date, and location of the public hearing for the proposal was published in the Tustin News, property owners within 300 feet of the site were notified of the hearing by mail, and a notice was posted on the site and at City Hall on December 2, 2004. The applicant and property owners requesting the information were informed of the availability of the agenda and staff report for this item. DISCUSSION The applicant finished constructing a 2,983 square foot Farmer Boys Restaurant and outdoor dining patio on a vacant 24,415 square foot site at 171 E. First Street in March 2004. A total of ninety-three (93) seats are currently permitted for the indoor and exterior dining areas based upon thirty-one (31) existing parking spaces. The applicant is proposing to eliminate one (1) parking stall to accommodate the drive-through lane, resulting in a total of ninety (90) permitted seats (Attachment D - Submitted Plans). The approved operating hours are from 6:00 a.m. to 10:00 p.m. Sunday through Thursday, 6:00 a.m. to 12:00 a.m. on Friday and Saturday, and 7:00 a.m. to 10:00 p.m. daily for the patio. The applicant has suggested closing an hour earlier each night to reduce potential impacts of the drive-through lane on the neighboring properties. Planning Commission Report CUP 04-026 December 13, 2004 Page 3 Site Plan Access to the site is provided at two (2) existing driveways on First Street and Prospect Avenue. Both driveways and internal drive aisles are a minimum of twenty-five (25) feet wide, which permit two-way traffic. Access at the First Street entrance is permitted for right-turn in and right-turn out only with an existing solid median in First Street; access at the Prospect Avenue entrance is also permitted for right-turn in and right-turn out only with an existing double-yellow striped line on Prospect Avenue. The applicant proposes a sign to be placed along Prospect Avenue, outside of the public right-of-way, to face southbound traffic on Prospect Avenue to read "Drive-Through Use First Street Driveway." The City's Traffic Engineer has reviewed the proposed project and identified that the proposed site plan is acceptable. Drive- Through Operations The entrance to the drive-through lane would be on the north side of the restaurant, approximately forty-five (45) feet from the northern property line. The drive-through lane, ranging ten (10) to twelve (12) feet in width, would be configured to encourage vehicles to enter from First Street, drive around the building, then turn right into the drive-through lane and the order board, then continue to the pick-up window. From the pick-up window, vehicles would be required to pass over a speed bump, which is intended to slow vehicles, and stop before exiting the lane where they may travel either north or south to an exit. The applicant proposes a menu board with a read-back ordering display to minimize excess talking, and the board would be orientated a minimum of eighty-two (82) feet away from the north property line. In addition, the pick-up window would have an awning to match the existing awnings and be screened by a row of evergreen Thuya trees to be maintained at a height of six (6) to seven (7) feet. . The proposed drive-through lane is long enough to accommodate six (6) vehicles. The applicant has submitted a queuing analysis from Darnel and Associates, dated December 18, 2002 (Attachment E - Queuing Analysis). The analysis concludes that the proposed stacking for six (6) vehicles is adequate for the proposed restaurant. In the event the number of vehicles exceeds six (6), the configuration of the drive- through lane enables vehicles to stack towards the west property line while still enabling vehicles to adequately access the Prospect Avenue entrance/exit. The applicant is also proposing to station an employee, as needed during peak hours, at the menu board to take customer orders to facilitate vehicle movement through the vehicle lane and minimize unnecessary repeat ordering. While the queuing analysis. identifies the proposed length of the drive-through lane would accommodate the anticipated drive-through volume associated with a Farmer Boys restaurant, other fast food restaurants typically require a longer drive-through lane (i.e., twelve spaces) to accommodate larger volumes of drive-through vehicles. As a result, the drive-through operation may not accommodate the demand that other fast food restaurants generate and other drive-through businesses may not be able to locate at this site. A condition of approval was previously proposed with the prior application to Planning Commission Report CUP 04-026 December 13, 2004 Page 4 require the applicant to: 1) provide an estimate and post a bond to ensure removal of the drive-through lane in the event the Farmer Boys use ceases, 2) record covenants, conditions, and restrictions with the County Clerk-Recorder that describe the limitations associated with the future use of the drive-through lane; and 3) provide notice to any future property owners or operators of the limitations associated with the future use of the drive-through lane. Notwithstanding these provisions, a future property owner or tenant may submit a queuing analysis for a future use for review by the Community Development and Public Works Departments. If the queuing analysis demonstrates that six (6) vehicle-stacking spaces are sufficient for the proposed use, the Director of Community Development Department may approve the future use, subject to any other current regulations or requirements. In the event a new use is approved, the bond shall be returned and the subsequent property owner shall post a new bond. Noise The applicant has submitted an acoustical analysis from Gordon Bricken and Associates, dated April 10, 2003 (Attachment F - Acoustical Analysis), to address potential noise impacts generated from the entire project including: . The speaker board; and, . Vehicles using the Prospect Avenue entrance/exit. In addition to these potential noise sources addressed in the analysis, staff and members of the public have identified concern for potential impacts of the following noise sources, which will be addressed at the end of this section. These other sources are: . People talking at the pick-up window; and, . Vehicles parking, and people loitering, within close proximity to the north property line. As identified by the City Noise Ordinance and the Tustin General Plan Noise Element, the established exterior noise threshold for a commercial use is sixty (60) decibels. Increased decibel levels are permitted for noises of short duration. Since the subject property is adjacent to the residential properties to the north, the submitted analysis actually uses the noise standards for residential properties. The noise standards for residential properties are fifty-five (55) decibels from 7:00 a.m. to 10:00 p.m., and fifty (50) decibels from 10:00 p.m. to 7:00 a.m. After reviewing the proposed speaker board, roof-mounted equipment, and vehicles using the Prospect Avenue entrance, the highest noise level would be approximately sixty-two (62) decibels at the north property line in the middle of the site. While the identified sixty- two (62) decibel level is close to the level of a normal conversation, it is in excess of the fifty-five (55) decibel limit established in the Tustin Noise Ordinance. As a result, the analysis identifies measures to reduce the noise levels to meet the requirements of the City's Noise Ordinance, including: . The speakerboard would not exceed ninety (90) decibels at one (1) meter (3.3 feet); and, Planning Commission Report CUP 04-026 December 13, 2004 Page 5 . A minimum six (6) foot, eight (8) inch high wall relative to the site grade would be constructed along the north property line the full width of the project site; a seven (7) foot high wall was constructed. Wieland Associates, Inc., Acoustical Consultants, completed a peer review of the Gorden Bricken and Associates analysis (Attachment G - Wieland Associates, Inc. Peer Review, dated November 16, 2004) and confirmed the validity of the April 10, 2003, analysis. However, while mitigation would reduce the noise levels to comply with the Tustin Noise Ordinance and Tustin General Plan Noise Element, the drive-through would still be generally disruptive to the nearby residential property as a result of the increased vehicle activity. No written comments have been received from the public; however, staff has received comments from the neighbors that they continue to have the same concerns identified with the previous application. The applicant, Kenny Dewan, has submitted a letter outlining how the application complies with the requirements of the Tustin City Code (Attachment H - Letter from Kenny Dewan, dated November 11, 2004), and a second letter identifying potential concessions in business operations (Attachment I - Letter from Kenny Dewan, dated December 6,2004). ALTERNATIVES As noted above, when this project was approved in June 2003, after conducting a public hearing and taking public testimony, the Planning Commission approved the project yet denied the drive-through operations based upon the following findings: a) That, as proposed, the drive-through lane would be too close to the residences to the north, and the noise and activity from the speaker board and pick-up window would be noticeable and disruptive to persons residing in the area and be detrimental to their health, comfort, and general welfare; b) The potential traffic conflicts at the entrance to the drive-through lane cannot be entirely eliminated; and, c) The drive-through lane may not accommodate other types of fast food restaurants that typically generate higher amounts of traffic and queuing, and the applicant requested that he not be required to provide an estimate and post a bond to ensure removal of the drive-through lane in the event the Farmer Boys use ceases and another drive-through user cannot be accommodated on-site. Resolution No. 3940 (Attachment J) reflects the findings and action taken by the Planning Commission in June 2003, and would reaffirm denial of the drive-through operation request. The request before the Planning Commission is substantially the same as the plan submitted and approved in 2003. However, as indicated in the applicant's letter (Attachment I), he is willing to modify on-site operations and proposes improvements including the following: Planning Commission Report CUP 04-026 December 13, 2004 Page 6 . Install a video conformation display ordering system in the drive-through menu board; . Install new trees, up to six (6) to seven (7) feet in height, between the drive- through menu board and parking lot, and between the pick-up window and the parking lot to completely screen the pick-up window; . Close early during late night hours as follows: 0 Current Approved Hours: Sunday-Thursday 6:00 a.m. to 10:00 p.m. Friday & Saturday 6:00 a.m. to 12:00 a.m. Sunday-Thursday 6:00 a.m. to 9:00 p.m. Friday & Saturday 6:00 a.m. to 11 :00 p.m. . Allow entrance to the drive-through from the First Street entrance only; drive- through customers would not be permitted to enter from Prospect Avenue; and . Close the patio dining area completely. 0 Suqqested Hours: If the Planning Commission is inclined to approve the request, other conditions can be included as deemed appropriate. The applicant has requested a final decision by the Planning Commission on December 13, 2004. If the Planning Commission adopts Resolution No. 3940 denying the proposed request, this can occur. If the Planning Commission is inclined to approve this project with conditions, staff would need to draft a resolution for the Planning Commission's consideration at a future meeting. . úJJ a Nrd7!,~ -;;;:~:~ Matt West Elizabeth A. Binsack Associate Planner Community Development Director Attachments: A. Resolution No. 3870 B. Location Map C. Minutes from Planning Commission meeting on June 9,2003 D. Submitted Plans E. Queuing Analysis, dated December 18, 2002 F. Acoustical Analysis, dated April 10, 2003 G. Wieland Associates, Inc. Peer Review, dated November 16, 2004 H. Letter from Kenny Dewan, dated November 11, 2004 I. Letter from Kenny Dewan, dated December 6, 2004 J. Resolution No. 3940 S:\Cdd\PCREPORT\2004\CUP 04-026 (FB Drive-Thru) pcreport.doc ATTACHMENT A RESOLUTION NO. 3870 RESOLUTION NO. 3870 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 02-018 AND DESIGN REVIEW 02- 018, AUTHORIZING THE CONSTRUCTION OF A 2,983 SQUARE FOOT RESTAURANT WITH AN OUTDOOR DINING AREA AND DENYING THE INSTALLATION OF A DRIVE-THRU LANE, AT THE VACANT PROPERTY LOCATED AT 171 E. FIRST STREET. The Planning Commission does hereby resolve as follows: I. .--..--..--.-- ...-----.-.-----.--.......--- -,.- The Planning Commission finds and determines as follows: A. A proper application, Conditional Use Permit 02-018 and Design Review 02-018, was filed by Bob Veriato, on behalf of Farmer Boys Restaurant, to construct a 2,983 square foot restaurant, with a drive-thru lane and outdoor dining area, on the northwest corner of Prospect Avenue and First Street. The property is located at 171 E. First Street and can be further described as Assessor Parcel Number 401-532-36. B. The Planned Community Commercial/Business land use designation of the General Plan provides opportunities for a mix of retail and commercial services. The project has been reviewed for consistency with the Air Quality Sub-element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub-element. The proposed uses are allowed within the "Commercial" designation of the First Street Specific Plan, subject to the approval of a Conditional Use Permit by the Planning Commission. C. D. A public hearing was duly called, noticed, and held on May 12, 2003, by the Planning Commission, at which the applicant, members of the public, and members of the Planning Commission spoke about the potential impacts and benefits of the project. Following public testimony and discussion, the Planning Commission continued the item to June 9, 2003, to allow the applicant and staff time to address the concerns that had been raised. E. On May 27. 2003, the applicant submitted a revised site plan without the drive-through lane as an alternative to the applicant's preferred site plan with a drive-thru lane for the Planning Commission's consideration. F. That it is appropriate to approve the restaurant with an outdoor dining area and deny the installation of a drive-thru lane based upon the findings listed below. In determining whether to approve or deny -.--'.-'.."---.--.-___...0._.- ...---..-..-.........- . -_u ...-----.---...--.--....-,,---.--...--- Resolution No. 3870 Page 2 a request, the Planning Commission must determine whether or not the proposed use will be detrimental to the health, safety, morals, comfort, and general welfare of the persons residing in or working in the neighborhood, or whether it will be injurious or detrimental to property or improvements in the vicinity, or to the welfare of the City. 1) The site is zoned to accommodate a variety of commercial uses. Approving the restaurant with an outdoor dining area and denying the drive-thru lane is a good balance between the need to develop commercial properties and protect the general welfare of nearby residents. That the drive-thru lane will be detrimental to the health, safety, morals, comfort, and general welfare of the persons residing in the neighborhood in that: 2) a) The drive-thru lane would be too close to the residences to the north, and the noise and activity from the speaker board and pick-up window would be noticeable and disruptive to persons residing in the area and be detrimental to their health, comfort. and general welfare. The potential traffic conflicts at the entrance to the drive-thru lane cannot be entirely eliminated; and, The drive-thru lane may not accommodate other types of fast food restaurants that typically generate higher amounts of traffic and queuing, and the applicant requested that he not be required to provide an estimate and post a bond to ensure removal of the drive-thru lane in the event the Farmer Boys use ceases and another drive-thru user cannot be accommodated on-site. b) c) 3) As shown on the revised site plan, the building location and site layout will comply with the development standards and design guidelines of the First Street Specific Plan with respect to number of parking spaces, building height, building setbacks, lot coverage, and landscape coverage. In particular, the Design Guidelines encourage buildings to be placed close to First Street to "create a more appealing, active streetscape and to ensure privacy of low density residential areas" and the building placement complies with this guideline by: a) Orienting the primary entrance toward First Street; b) Locating the parking areas to the side and rear of the building and, as conditioned, linking the parking areas to the building entrance with walkways, including creating a third building entrance to facilitate direct access from the rear parking lot to the building; ------.-..-.---.----..-.-----.--.--.. ._-- '-.--"".'.-- _.'. .----...-....---.---- .-... ....... Resolution No. 3870 Page 3 c) Locating the patio near the intersection to promote the pedestrian experience and create a buffer from the residences to the north; and, Providing a thick, ten (10) foot landscape buffer along the northern property line to buffer residences. d) 4) No off-site traffic impacts are anticipated since the project (without a drive-thru lane) would generate 1,083 vehicle trips per day (ADT). The maximum vehicle capacity of First Street is 37,500 vehicles per day and its current volume is 18,300 vehicles per day and the maximum vehicle capacity of Prospect Avenue is 25,000 vehicles per day, and its current volume is 9,700 vehicles per day. In addition, as conditioned, no on-site circulation conflicts are anticipated in that the parking lot layout would facilitate vehicle maneuvers, the two (2) angled parking spaces near the Prospect Avenue entrance would be reconfigured during plan check, and the First Street entrance would be limited to right-turn in and right-turn out only by the applicant installing a "Right Turn Only" sign and a type "N-1" marker on the existing solid median in First Street to direct vehicles to safe vehicular movements. 5) The proposed project, as conditioned, will comply with the Tustin Noise Ordinance and is not anticipated to create a significant noise impact on the surrounding area by: a) Limiting all rooftop mechanical equipment to be selected to ensure the noise level shall not exceed sixty-five (65) dBa at ten (10) feet to ensure compliance with the City's Noise Ordinance; Ensuring the rooftop parapet will be a minimum five (5) feet high; Ensuring the Acoustical Engineer will certify the final plans; and, Ensuring a thick, ten (10) foot landscape buffer and a seven (7) foot high wall will be provided along the northern property line to buffer residences. b) c) d) 6) The proposed project, as conditioned, is not anticipated to create a significant impact on the air quality in the surrounding area since the project complies with Section 42303 of the Health and Safety Code and the South Coast Air Quality Management District, and the applicant shall utilize Best Available Control Technology (BACT) on all cooking and exhaust equipment in accordance with AQMD standards due to the property's proximity to residential properties. In addition, the trash enclosure will be relocated to minimize odor, vermin, or other impacts on residences to the north. If odor, vermin, or --.------- .. - ... . .---.--.--.--......... .._h__.___-.- -.-."---'-----.--.-.-------..-.--'-'-.-' .... .-.-.-..--..-- Resolution No. 3870 Page 4 ...........------.- -.-..--.- ---. 7) 8) other impacts occur, the applicant would be required to implement immediate and permanent measures to eliminate the impacts. The proposed outdoor dining area, as conditioned, will not create a negative impact on the surrounding area since: a) The outdoor dining area will be located to the east of the building enclosed with a low, twenty-eight (28) inch high planter wall and solid, six (6) foot high wall at the north end of the patio that matches the architecture of the building; No outdoor music or public address will be permitted; All exterior patio lighting will be completely contained with the patio area; No alcoholic beverages will be served; Trash receptacles will be provided in the outdoor dining area, and the dining area shall be cleaned on a continual, daily basis for removal of litter and food items; and, The outdoor dining area, and entire use, may be reviewed annually. b) c) d) e) f) Pursuant to the First Street Specific Plan and Section 9272 of the Tustin Municipal Code, the Planning Commission finds that the location, size, architectural features, and general appearance of the proposed development, as conditioned, will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole. In making such findings, the Commission has considered at least the following items: a) b) c) d) e) f) Height, bulk, and area of buildings. Setbacks and site planning. Exterior materials and colors. Type and pitch of roofs. Size and spacing of windows, doors, and other openings. Towers, chimneys, roof structures, flagpoles, radio and television antennae. Location, height, and standards of exterior illumination. Landscaping, parking area design, and traffic circulation. . Location and appearance of equipment located outside an enclosed structure. Location and method of refuse storage. Physical relationship of proposed structures to existing structures in the neighborhood. g) h) i) j) k) .----".'.-" '-'-.'-."'-----'-... -.----...-. ........ ...--.... .._- . ... .._u.o_-... ....0..__.. ....-. Resolution No. 3870 Page 5 . -- ---.-'---.----....-----.-. ----....,......-.-- . ...----...--,---_____,0_.._.. ..-----.----------..-...-..- .-.....-.-.--....--. ---- 9) 11) Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. Proposed signage. Development Guidelines and- criteria as adopted by the City Council. As proposed, the building design will comply with the First Street Specific Plan and with the First Street Specific Plan Design Guidelines by integrating the following design elements: I) m) n) a) b) c) d) e) f) g) h) i) j) k) Richness of surface and textures; Equal void to solid building wall ratios; Pitched roofs; Vegetation integrated upon the building walls; Roof overhangs; Arches; Off-white stucco walls; Dark brown wood timber; Dark green canvas awnings; Decorative paving; and, A tile roof. The addition of a functioning portico at the front entrance and a wood trellis (covered walkway) along the west elevation will add articulation to the building, hide the utilitarian service door on the west elevation, and facilitate access to the front of the building from the side parking lot. 10) As conditioned, the hours of operations are not anticipated to impact nearby residences in that the indoor restaurant areas may operate from 6:00 a.m. to 10:00 p.m., Sunday through Thursday and 6:00 a.m. to 12:00 a.m. on Friday and Saturday while the outdoor dining area will be limited to being open from 7:00 a.m. to 10:00 p.m. daily, which is consistent with sensitive time periods established in the Noise Ordinance and General Plan Noise Element. The proposed project, as conditioned, will comply with the City's Landscaping and Irrigation Guidelines and the Parking Lot Design Guidelines and provide a significant visual buffer for residences to the north and to passing vehicles on Prospect Avenue by providing: a) A thick, ten (10) foot landscape buffer and a seven (7) foot high wall along the northern property line to buffer residences as permitted by Tustin City Code Section 9271 (i)(3); Resolution No. 3870 Page 6 b) c) A substantial landscape berm along Prospect Avenue to screen the parking lot; and, Vines and trellis on the south, west, and north building elevations and vines along the planter wall around the patio. 12) The proposed project, as conditioned, is not anticipated to create negative light or glare on surrounding properties since: a) Seven (7), fifteen (15) foot high light standards will be installed more than thirty (30) feet from the north property line and four (4), ten (10) foot high standards will be installed between twenty (20) and thirty (30) feet from the north property line; and, A seven (7) foot wall and ten (10) foot landscape buffer will be installed along the north property line, and glare shields will be mounted on all light standards to reduce spillover light levels to zero. b) F. As conditioned, adequate on-site and off-site pedestrian facilities will be provided in that the sidewalk and driveway aprons on First Street and Prospect Avenue will be constructed to meet current Federal Americans with Disabilities Act (ADA) requirements. This project is Categorically Exempt pursuant to Section 15332, Class 32 of Title 14, Chapter 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). 13) II. The Planning Commission hereby approves Conditional Use Permit 02-018 and Design Review 02-018, authorizing the construction of a 2,983 square foot restaurant, with outdoor dining area, and denying the drive-thru lane at 171 E. First Street, subject to the conditions contained within Exhibit A attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 9th day of June, 2003. , ,/ ./'j' ~ .7 . L-.. II A C. JENNINGß' Chairperson / .' ,I "'/ ~;¡.¡. Li:.:.. -" .1/ ELIZABETH A. INSACK Planning Commission Secretary ----".-------.'."'--.....--'--.'-.---'--'--""---'---.---...-... ...........-.-... .......-. .' Resolution No. 3870 Page 7 STATE OF CALIFORNIA) COUNTY OF ORANGE) CITY OF TUSTIN ) I, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 3870 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 9th day of June, 2003. ~~d~~~ ELIZABETH A. BINSACK Planning Commission Secretary ----.-.--------.-.--.---------......-...-.--.-.,.--..--..-.-.... ._---_.._- EXHIBIT A CONDITIONAL USE PERMIT 02-018 DESIGN REVIEW 02-018 CONDITIONS OF APPROVAL RESOLUTION NO. 3870 GENERAL (1 ) 1.1 The proposed use shall substantially conform with the submitted plans for the project date stamped June 9. 2003, 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 consistent with the provisions of the Tustin City Code and other applicable codes. (1 ) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with priorto 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 and substantial construction is underway within twelve (12) months of the date of this Exhibit. Time extensions may be considered if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1 ) 1.4 Approval of Conditional Use Permit 02-018 and Design Review 02-018 is contingent upon the applicant and property owner signing and returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the property owner signing and recording with the County Clerk-Recorder a "Notice of Discretionary Permit Approval and Conditions of Approval" form. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. SOURCE CODES (1) (2) (3) (4) *** STANDARD CONDITION CEQA MITIGATION UNIFORM BUILDING CODE'S DESIGN REVIEW EXCEPTION (5) (6) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY ------_u- --u.----.----- .._----- ._---_._- -...---. -- ---- _._...----- _.... --..- Resolution No. 3870 Exhibit A Page 2 (1 ) (***) (1 ) (1 ) (3) 1.5 1.6 (3) As a condition of approval, the applicant shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision-making body, including staff, concerning this project. The City agrees to promptly notify the applicant of any such claim or action filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in defense of any such action under this condition. Conditional Use Permit 02-018 and Design Review 02-018 may be reviewed annually or more often, if deemed necessary by the Community Development Department, to ensure compatibility with the area and compliance with the conditions contained herein. 1.7 Any violation of any of the conditions imposed is subject to the payment of a civil penalty of $100.00 for each violation, or such other amounts as the City Council may establish by ordinance or resolution, and for each day the violation exists, subject to the applicable notice, hearing, and appeal process as established by the City Council ordinance. 1.8 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. PLAN SUBMITTAL 2.1 At the time of building permit application, the plans shall comply with the most recently adopted codes and regulations, including, but not limited to, the 2001 Califomia Building Code (CBC), 2001 California Mechanical Code (CMC), 2001 California Plumbing Codes (CPC), 2001 California Electrical Code (CEC), Califomia Title 24 Accessibility Regulations, Title 24 Energy Regulations, and all other applicable City Ordinances, and State and Federal laws and regulations. 2.2 Building plan check submittal shall include the following: . Seven (7) sets of construction plans, including drawings for mechanical, plumbing, and electrical. . Two (2) copies of structural calculations. . Two (2) copies of Title 24 energy calculations. . Elevations that include all proposed dimensions, materials, colors, finishes, and partial outlines of adjacent buildings on-site and off-site where applicable. . Details of all proposed lighting fixtures and a photometric study showing . .---..-.---.-----------.-.-------- ..---- .- -. - -..---.-----.--. Resolution No. 3870 Exhibit A Page 3 (3) 2.3 (3) 2.4 (3) 2.5 the location and anticipated pattern of light distribution of all proposed fixtures. There shall be no more than four (4), ten (10) foot high standards between twenty (20) and thirty (30) feet from the north property line and seven (7), fifteen (15) foot high light standards more than thirty (30) feet from the north property line. All new light fixtures shall be consistent with the architecture of the building and shall be designed, arranged, and shielded so as to prevent light or glare impacts on adjacent residential properties, including the adjacent streets. Wall- mounted fixtures shall be directed at a 90-degree angle directly toward the ground. All lighting shall be developed to provide a minimum of one (1) foot-candle of light coverage, in accordance with the Citys Security Ordinance. A note shall be provided on the plans that "All parking areas shall be illuminated with a minimum of one (1) foot-candle of light, and lighting shall be maintained so as not to produce light, glare, or have a negative impact on adjacent properties." . The location of any utility vents or other equipment shall be provided on the roof plan. Cross-section details showing the installation of the proposed rooftop equipment. All roof-mounted equipment and vents shall comply with the Noise Study dated April 10, 2003. the Noise Ordinance, and Conditions 7.1, 7.2, and 7.3 of this resolution. An elevation showing rooftop equipment installation related to the height of the parapet and proposed equipment must be identified at plan check submittal. . Details for Best Available Control Technology to be used on all cooking and exhaust equipment in accordance with Air Quality Management District (AQMD) standards due to the property's proximity to residential properties. . Note on plans that no field changes shall be made without prior approval from the Building Official and architect or engineer of record. The plans submitted shall indicate that restrooms are accessible to persons with disabilities as per State of California Accessibility Standards (Title 24). Plumbing fixture units are required to comply with the 2001 California Plumbing Code Chapter Four, Table 4-1, as per type of group occupancy, or as approved by the Building Official. Vehicle parking, primary entrance to the building, the primary paths of travel, cashier space, sanitary facilities, drinking fountain, and public telephones shall be accessible to persons with disabilities. Four (4) sets of final grading plans consistent with the site and landscaping plans as prepared by a registered civil engineer shall be submitted and shall include the following: . Technical details and plans for all utility installations including telephone, gas, water, and electricity. . Three (3) copies of precise soil report provided by a civil engineer and . .-----. -------.--.---.....---....--. ._._- . Resolution No. 3870 Exhibit A Page 4 (3) 2.6 (3) 2.7 (3) 2.8 (3) 2.9 less than one (1) year old. Expanded information regarding the levels of hydrocarbons and ground water contamination found on-site shall be provided in the soil report. All pavement uR" values shall be in accordance with applicable City of Tustin standards. . All site drainage shall be handled on-site and shall not be permitted to drain onto adjacent properties. . Drainage, vegetation, circulation, street sections, curbs, gutters, sidewalks, and storm drains shall comply with the on-site Private Improvement Standards. . Two (2) copies of Hydrology Report. The engineer of record shall submit a final compaction report to the Building Division for review and approval prior to the issuance of a building permit. The engineer of record shall submit a pad certification to the Building Division for review and approval prior to the issuance of a building permit. A surety/cash bond shall be required to assure work is completed in accordance with approved plans prior to permit issuance. The engineer's estimated cost of the grading, drainage, and erosion control shall be submitted to the Building Official for determination of the bond amount. Information shall be submitted to ensure compliance with requirements of the Orange County Fire Authority, including fire flow and installation of fire hydrants subject to approval of the City of Tustin Public Works and/or Irvine Ranch Water District. (3) 2.10 The applicant shall comply with the following conditions pertaining to the requirement for a Water Quality Management Plan: u -----.--------.- ...-.---.. .-.--.-.---. A. Prior to issuance of building permits, the applicant shall submit for approval by the Community Development and Public Works Departments, a Water Quality Management Plan (WQMP) specifically identifying Best Management Practices (BMPs) that will be used on-site to control predictable pollutant run-off. This WQMP shall identify the: structural and non-structural measures specified detailing implementation of BMPs whenever they are applicable to the project, the assignment of long-term maintenance responsibilities (specifying the developer, parcel owner, maintenance association, lessee, etc.); and, reference to the location(s) of structural BMPs. B. Prior to submittal of aWQMP, the applicant shall submit a deposit of $2,700.00 for the estimated cost of review of the WQMP to the Building Division. The actual costs shall be deducted from the deposit, and the applicant shall be responsible for any additional review cost that exceeded the deposit prior to issuance of grading permits. Any unused ..........--.---------.------.---- Resolution No. 3870 Exhibit A Page 5 (3) portion of the deposit shall be refunded to the applicant. C. Prior to issuance of any permits, the property owner shall record a Notice of WQMP with the County Clerk Recorder on a form provided by the Community Development Department to inform future property owners of the requirement to implement the approved WQMP. D. The Community Development and Public Works Department shall determine whether any change in use requires an amendment to an approved WOMP. 2.11 A note shall be provided on final plans that a six (6) foot high chain link fence shall be installed around the site prior to building construction stages. A nylon fabric or mesh shall be attached to the temporary construction fencing. Gated entrances shall be permitted along the perimeter of the site for construction vehicles. (3) 2.12 Pursuant to the City of Tustin's Security Ordinance and the Uniform Fire Code, street numbers shall be displayed in a prominent location on the street side of the residence. The numerals shall be no less than six (6) inches in height and shall be of contrasting color to the background to which they are attached and illuminated during hours of darkness. (3) 2.13 The applicant shall comply with all City policies regarding short-term construction emissions, including periodic watering of the site and prohibiting grading during second stage smog alerts and when wind velocities exceed 15 miles per hour. (1 ) 2.14 All exterior treatments shall be consistent with the submitted color/material samples and noted on all construction plans and elevations submitted for Building Permit Plan Check, subject to review and approval by the Community Development Department at final inspection. The colors and materials for the exterior of the building shall be consistent with the following: Location Stucco Tile Awnings Trellis Brand Dunn Edwards US Tile Hemlock Tweed Wood Color SP114 Whisper De Anza Blend Sunbrella OKON 126 Common Color Off-white Terracota Dark Green Treated, Unfinished A high quality of features, materials, and colors shall be used throughout the site and maintained on an on going basis to create and maintain a handcrafted building appearance, including using a smooth, trowel- finished stucco (or equivalent) on the building. Any changes to colors or materials during construction or operation shall be approved in writing by the Community Development Department prior to installation. .. .. ..-.-.'.-'-----.--------' -...-..... . ..'--'-_..'._--'--_.._--""'.".~."'-----.'- .-. .... ._.... Resolution No. 3870 Exhibit A Page 6 (1 ) 2.15 The applicant shall provide a conceptual sign plan for the project. The drawings shall identify all project signs (i.e. monument sign, wall signs, secondary signs, and directional signs) and provide conceptual information regarding the overall size, location, material, massing, colors, and design of the proposed signs. (***) 2.16 The applicant shall transition the twenty-eight (28) inch high planter wall around the patio to a curved, six (6) foot high wall along the north side of the patio to provide a buffer between the patio and the residential properties to the north. (1 ) (1 ) (1 ) 2.17 The applicant shall provide a solid seven (7) foot high block wall along the north property line in accordance with the First Street Specific Plan. The applicant shall coordinate with the adjacent property owners to the north of the site with respect to construction of a common property line wall to avoid the need for two (2) walls in close proximity. 2.18 The trash enclosure shall have a paint and stucco finish to match the main building. 2.19 The plans submitted into plan check shall include details of the outdoor dining area furniture. (4) (4) 2.20 Details of all exterior doors shall be provided on the construction plans. 2.21 All ground- or wall-mounted mechanical and electrical fixtures and equipment shall be adequately and decoratively screened. The screen shall be integrated with the architectural design of the building. All telephone and electrical boxes shall be indicated on the building plans and shall be completely screened. (4) 2.22 No exterior down spouts or roof scuppers shall be permitted. All roof drains shall utilize interior piping, but may have exterior outlets at the base of buildings. (4) 2.23 The applicant shall relocate the trash enclosure to the rear of the building or in a portion of the parking lot that would not negatively impact the residences to the north, subject to review and approval by the Director of Community Development during plan check. (4) 2.24 The applicant shall relocate the driveway on Prospect Avenue a minimum of ten (10) feet from the northern property line to create a straighter drive aisle, create a uniform landscape buffer along the northern property line adjacent to the residences, and reconfigure the two (2) angled parking spaces near the Prospect Avenue entrance to eliminate the potential for traffic conflicts, subject to review and approval by the Director of Community Development during plan check. -.---..-._____m......----------- .-.-..---.----.- ......-,.--,..'..'.'..'-....'."---'----'.-..."'-.-...'-----'-..'--..--'--'...'....---'--..-'- ......--....-----... ..' Resolution No. 3870 Exhibit A Page 7 (4) (4) 2.25 The applicant shall create a third building entrance or redesign the patio entrance to create a point of entry on the north side of the building to facilitate access from the rear parking lot, subject to review and approval by the Community Development Department during plan check. 2.26 The applicant shall shift the building approximately 1-2 feet to the north to create an articulated portico with depth and visual interest at the front entrance along First Street, subject to review and approval by the Community Development Department at plan check. 2.27 The applicant shall include a trellis (covered walkway) on the west side of the building to add articulation to the building, hide the utilitarian service doors on the west elevation, and facilitate access to the front of the building from the side parking lot. (4) ENGINEERING (1) 3.1 .-.-.-...- . The City of Tustin is required to comply with State of California Waste Recycling requirements. To facilitate City compliance with this law, the Project Applicant/Contractor is required to submit and obtain approval from the Public Works Department of a Project Recycling Plan. The Project Recycling Plan shall demonstrate recovery and recycling of at least 50 percent of the total waste generated by the project and shall consist of the following components: . In a narrative form, describe efforts which will be utilized to minimize the generation of waste during the project; Provide an estimate of the total amount of waste to be generated for the entire duration of the project; Provide an estimate of the total amount of recyclable materials generated by the project, identified by recyclable material type; and Identify waste hauler(s) to be utilized during the project. Note: The City has an exclusive waste collection franchise with Federal Disposal Service of Santa Ana. No other haulers are to be utilized pursuant to City Code Section 4322; Identify recyclable material processing facilities which will be utilized to process materials generated by the project; Demonstrate that no waste generated by the project will be sent directly to any landfill; Prior to the issuance of a Notice of Completion or a Certificate of Occupancy, submit a final report to the Public Works Department detailing actual quantities of the items listed above as well as a narrative summary of the recycling efforts implemented during the project; . . . . . . .....-....-.--_u_..-----..-.-.--....---..---.-......- ..---..... .....-...-.--.. Resolution No. 3870 Exhibit A Page 8 (1 ) (3) 3.3 (1 ) 3.4 (1 ) 3.5 .-.-..------------.- 3.2 . Prior to issuance of an occupancy permit, the applicant is required to submit recycling plans to the Public Works Department for each project tenant which demonstrates recycling or diversion from landfills of at least 50 percent of the total waste anticipated to be generated by each tenant; and Prior to issuance of any grading, encroachment, or building permit, applicant is required to submit waste trash enclosure plans to the Public Works Department which demonstrate the provision of adequate physical space to accommodate all planned tenant recycling programs. . Current Federal Americans with Disabilities Act (ADA) requirements shall be met at the drive aprons. The maximum cross slope of the sidewalk shall be two (2) percent and the maximum ramp slope of the drive apron shall be ten (10) percent. A separate 24" x 36" street improvement plan, as prepared by a California Registered Civil Engineer, will be required for all construction within the public right-of-way. Construction and/or replacement of any missing or damaged public improvements will be required adjacent to this development. Said plan shall include, but not be limited to, the following: A. B. C. D. E. F. Curb and gutter; Sidewalk, including curb ramps for the physically disabled; Drive aprons; Domestic water facilities; Sanitary sewer facilities; and, Landscape and irrigation. In addition, a 24" x 36" reproducible construction area traffic control plan, as prepared by a Califomia Registered Traffic Engineer or Civil Engineer experienced in this type of plan preparation, will be required. Preparation of a sedimentation and erosion control plan for all work related to this development will be required. Preparation of plans for and construction of: A. All sanitary sewer facilities must be submitted as required by the City Engineer and local sewering agency. These facilities shall include a gravity flow system per the standards of Orange County Sanitation District No.7. A domestic water system must be designed and installed to the standards of the City of Tustin Water Services Division. Improvement plans shall also be reviewed and approved by the Orange County Fire Authority for fire protection purposes. The B. -----..-..-.-.- ---..--. .._H_.'_..------.-- -______H..___- -- --- ..-. ..---- . (1) Resolution No. 3870 Exhibit A Page 9 adequacy and reliability of water system design and the distribution of fire hydrants will be evaluated. The water distribution system and appurtenances shall also conform to the applicable laws and adopted regulations enforced by the Orange County Health Department. Release/approval from East Orange County Water District shall be obtained prior to receiving water service. (1 ) 3.6 A complete hydrology study and hydraulic calculations shall be submitted for review and approval by the City. (1) 3.7 Preparation and submittal of, a final grading plan showing all pertinent elevations as they pertain to the public right-of-way along with delineating the following information: A. Final street elevations at key locations. B. Final pad/finished floor elevations and key elevations for all site grading. All pad elevations to be a minimum of 1.0 foot above base flood elevation as defined by FEMA. (1) 3.8 Both horizontal and vertical intersection sight lines will need to be checked per County of Orange Public Facilities and Resources Department Standard No. 1117 for all affected streets. The site lines need to be shown on the grading plan and landscape plan. All landscaping within the limited use area will need to comply with County of Orange Public Facilities and Resources Department Standard No. 1117. (1 ) 3.9 Existing sewer, domestic water, reclaimed water, and storm drain service laterals shall be utilized whenever possible. (1) 3.10 Prior to any work in the public right-of-way, an Encroachment Permit must be obtained from and applicable fees paid to the Public Works Department. 3.11 In addition to the normal full-size plan submittal process, all final development plans including, but not limited to: tract maps, parcel maps, right-of-way maps, records of survey, public works improvements, private infrastructure improvements, final grading plans, and site plans are also required to be submitted to the Public Works DepartmenUEngineering Division in computer aided design and drafting (CADD) format. The standard file format is AutoCAD Release 13 or 14 having the extension DWG. Likewise, layering and linetype conventions are AutoCAD-based (latest version available upon request from the Engineering Division). In order to interchangeably utilize the data contained in the infrastructure mapping system, CADD drawings must be in AutoCAD "DWG" format (i.e. produced using AutoCAD or AutoCAD compatible CADD software). The most current version of AutoCAD is AutoCad 2000. Drawings created in AutoCAD Release 13 or Release 12 are compatible and acceptable. ...............----.--.-----.....-.,-....---..--------.-..... . ..-...--...-.---.. __._H."_, ----,...--..---,."....-....-----... ...........-...-.....-.-... .....-..-- ... (5) (5) -......--..-.....-... Resolution No. 3870 Exhibit A Page 10 The CADD files shall be submitted to the City at the time the plans are approved and updated CADD files reflecting "as built" conditions shall be submitted once all construction has been completed. The subdivision bonds will not be released until the "as built" CADD files have been submitted. (1 ) 3.12 This development shall comply with all applicable provisions of the City of Tustin Water Quality Ordinance and all Federal, State,. and Regional Water Quality Control Board rules and regulations. (1 ) 3.13 The applicant shall install a standard Caltrans "Right Turn Only" sign, designated "R41," at the Prospect Avenue driveway, and a standard "One Way Only" sign, designated "R10-1," and a type "N-1" marker in the raised median at First Street. ORANGE COUNTY FIRE AUTHORITY (OCFA) (5) 4.1 Prior to the issuance of any certificate of use and occupancy, all fire hydrants shall have a blue reflective pavement marker indicating the hydrant location on the street, as approved by the Fire Chief, and must be maintained in good condition by the property owner. Please contact the OCFA at (714) 744-0499 or visit the OCFA website for a copy of the "Guideline for Installation of Blue Dot Hydrant Markers." Prior to the issuance of any grading or building permits, the applicant shall provide evidence of adequate fire flow. The "Orange County Fire Authority Water Availability for Fire Protection" form shall be signed by the applicable water district and submitted to the Fire Chief for approval. If sufficient water to meet fire flow requirements is not available, an automatic fire extinguishing system may be required in each structure affected. (5) 4.2 (5) 4.3 Prior to the issuance of any building permits, the applicant shall submit plans and obtain approval from the Fire Chief for fire lanes on required fire access roads less than 36 feet in width. The plans shall indicate the locations of red curbs and signage and include a detail of the proposed signage including the height, stroke, and colors of the lettering and its contrasting background. Please contact the OCFA at (714) 744-0499 or visit the OCFA website to obtain a copy of the "Guidelines for Emergency Access Roadways and Fire Lane Requirements." 4.4 Prior to the issuance of any certificate of use and occupancy, the fire lanes shall be installed in accordance with the approved fire lane plan. 4.5 Prior to the issuance of a building permit for combustible construction, the builder shall submit a letter on company letterhead stating that water for fire-fighting purposes and all-weather fire protection access roads shall be -..---.--..--...-.-------..--..-.. --....".".'..'. ..--______m_........-......'-""-.,.,,-,.,,.-.,.,.,,- . ..........--................-....... Resolution No. 3870 Exhibit A Page 11 (5) in place and operational before any combustible material is placed on-site. Building permits will not be issued without OCFA approval obtained as a result of an on-site inspection. Please contact the OCFA at (714) 744- 0499 to obtain a copy of the standard combustible construction letter. 4.6 Prior to the issuance of a building permit, the applicant shall submit architectural plans for the review and approval of the Fire Chief as required per the "Orange County Fire Authority Plan Submittal Criteria Form." Please contact the OCFA at (714) 744-0499 for a copy of the Site/Architectural Notes to be placed on the plans prior to submittal. USE RESTRICITONS (***) 5.1 (7) (***) 5.3 (***) 5.4 (***) 5.5 (***) 5.6 The operating hours for the indoor portion of the restaurant shall be from 6:00 a.m. to 10:00 p.m., Sunday through Thursday and 6:00 a.m. to midnight (12:00 a.m.) on Friday and Saturday. The outdoor dining area shall operate from 7:00 a.m. to 10:00 p.m. daily. The operating hours shall be posted in the restaurant and the outdoor dining area and shall be enforced by employees of the restaurant. Any modifications to the hours of operation shall be approved in writing by the Director of Community Development. 5.2 Parking for the restaurant shall be provided at a ratio of one (1) space for every three (3) seats. Any change in the number of indoor and outdoor seats shall be approved by the Community Development Department in writing and any increase in seats shall be accompanied in the total number of provided parking spaces. The most currently approved number of indoor and outdoor occupants shall be clearly posted inside and outside. The applicant shall encourage employees to park in the parking spaces along the northem property line. If a noise problem results from the proposed project or operational changes within the development as determined by a Code Enforcement Officer, the applicant shall submit a noise study prepared by a professional acoustical engineer and perform or install interim and permanent mitigation measures as a result. If problems associated with the trash enclosure arise, such as noticeable odors or vermin, as determined by a Code Enforcement Officer, the applicant shall implement measures to eliminate the problem, such as, but not limited to, double bagging the trash and arranging for more frequent pick-ups from the trash hauler.- UNo Loitering" signs shall be posted in the parking lot and around the outdoor dining area. --.-.--.---.---...--------------.. -----------------.--.---.- Resolution No. 3870 Exhibit A Page 12 (7) (***) 5.8 5.7 The applicant shall obtain all necessary approvals prior to selling alcoholic beverages on the property. No deliveries or exterior work shall occur prior to 7:00 a.m. or after 10 p.m. daily. LAN DSCAPING (1 ) {1} (1 ) (1) NOISE (5) 6.1 6.2 6.3 6.4 7.1 Complete landscape and irrigation plans that comply with the City of Tustin Landscape and Irrigation Guidelines shall be submitted at plan check. The irrigation plan shall show the location and control of backflow prevention devices at the meter, pipe size, sprinkler type, spacing, and coverage details for all equipment and shall provide measures to 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 shall be considered as methods of increasing irrigation efficiency. 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, support structures (trellis, etc.), 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. The applicant shall install, and maintain, a uniform ten (10) foot landscape buffer along the north property as required by Condition 2.24. At a minimum, the buffer area shall include: ten (10), thirty-six (36) inch "Carrot Wood" trees, thirty-six (36), five (5) gallon "Pink Powder Puff' shrubs, approximately thirty-seven (37) "Indian Hawthorne" shrubs, approximately eight (8) "Heavenly Bamboo" shrubs, "Gazania" groundcover, and nine (9), one (1 }-gallon "Boston Ivy" vine. The species, quantities, and sizes shall be reviewed by the Director of Community Development at plan check to ensure effective screening and the applicant shall provide additional materials, if needed, to achieve effective screening. The applicant shall install, and maintain, a landscaped berm along the eastern property line to screen parking lot activities from Prospect Avenue, as shown on the revised site plan. All rooftop mechanical equipment shall have a sound rating equivalent to 8.5 Bels or less, or the equivalent sound pressure level of sixty-five (65) dBa or less at ten (10) feet. These ratings may be altered if it can be demonstrated that the combination of equipment does not yield a net condition with the --.----+---.. '.'.""-_._~---'--'--"'-'_.._-_."---_.",--- -.. -.. ... ... - . .......... Resolution No. 3870 Exhibit A Page 13 (5) (5) (5) other sources of noise in excess of the City's requirements. The final plans shall be reviewed by the acoustical engineer. 7.2 The rooftop parapet shall be a minimum five (5) feet high relative to the roof on the north and east side of the building. 7.3 An Acoustical Engineer shall certify the final plans prior to issuance of building permits to ensure compliance with the Noise Study dated April 10, 2003, and the Noise Ordinance. 7.4 A minimum seven (7) foot high wall relative to the site grade shall be constructed along the north property line the full width of the project site. OUTDOOR SEATING (7) (7) 8.2 (7) 8.3 (7) 8.4 FEES (C) 9.1 (C) 9.2 .---.--. 8.1 The applicant shall provide trash receptacles in the outdoor dining area and parking lot, and the dining areas and parking lot shall be cleaned on a continual, daily basis for removal of litter and food items. The proposed outdoor dining area shall be setback a minimum of five (5) feet from the south and east property lines along First Street and Prospect Avenue. No outdoor music or public address system shall be permitted. All exterior patio lighting shall be completely contained within the patio area. 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 forty-three dollars ($43.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period 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 Califomia Environmental Quality Act could be significantly lengthened. Prior to issuance of any permits, the applicant shall pay plan check and and permit fees based upon the rate in effect at the time of plan check and permit issuance. The following fees are in currently in effect and are subject to change: A. All applicable Building plan check and permit fees shall be paid to the Community Development Department. ...-----.-------..-..-.-.----.-..-----..---......---.------..-----...... ..---..... .....-.- Resolution No. 3870 Exhibit A Page 14 B. All applicable Grading plan check and permit fees shall be paid to the Community Development Department. Orange County Fire Authority plan check and inspection fees to the Community Development Department based upon the most current schedule. Payment of the Major Thoroughfare and Bridge Fees to the Tustin Public Works Department at the time a building permit is issued. The current fee is $3.30/sa.fj. of new floor area. Payment of the Orange County Sanitation District No.7 Sewer Connection Fees at the time a building permit is issued. The current fee is ij .60/sa.ft. of new floor area. . New development fees in the amount of $O.10/sa.ft. of new floor area to the Community Development Department. Transportation System Improvement Program (TSIP), Benefit Area "A" fees in the amount of $5.53/sQ.ft. of new floor area of construction to the Community Development Department. School facilities fee to the Tustin Unified School District subject to any agreement reached and executed between the District and the applicant. The current fee is $0.34/sa.ft. of new floor area. C. D. E. F. G. H. --".'---------"---...."-...'-"'-..-.----.--.--- ..---------.--..-...---....----.------------..---.--".-..---. . ATTACHMENT B LOCATION MAP '1";:-. ;. 'S::"~'?'. -- 1'J;y,' ~ N N N ~ ~- ~.65 ~ Õ " 1~ ~ : ;: ~ ~ ~ ~.,~~ : ~: : .; _C~ "'~ITllÌL . 0 ~....:!: ~ :!:! :: ~ ~ h PROSP 1 TO 392 PARK' :: ~ :::!~ ~~ - ~ ~..~ Q ~ ~ ~: ~!Cl~(Dp~~r-t P"-R -D:nn ~ M 48 ~ 145. ;!: '!l ~ :: ~ ~ :40 . 14' 120 LOCKWOOO PARK PLACE "'~- ,fJJ 121 ] ~ ' 138 }> 1 , ~ ~ ~ ~ ~. ~ l\- 130 124 "~=:=1 119 .,.VS""N PLAZ rRAr:T 451 lIS" . [ -:: "', >; ~g = " "'~ . ,.." APARr~r~. I '/'. - ~.:" ~~.f1!e~-- - ~~.. J -, ~ ~~_;05 ~50 Ì\° 105, N ~;g g rJ 115 110 :!j VI J, g: ::? ~ 125 120 135 ~ .... N I 145 "- 140 1)1--- '~... 155 ~ I C 155 150 \. ,~ ~,!;; ~ . - 165 155 \. III ~, : '>0.. ~ ::: I "" :~: :: ~~1-8J-85 'An '~". ¡~r---:Y ~r ~ 185 II 180 < UI ,~178-182V '" .... I , I ¿" f.--;--r :: I I "':!:I!:!IEI90~.11951," 185 ,,184- , I mEET SECOND STREET , J ..¡ ~ ¡¡¡ L 205 ~ 215-17 LOCATION IV ~ ,d~ ~iB' '_\~" ,u, ~~;' J~.'~W'~,'" ¿ I<:"C~ ~~ ,..;;~ i ' '~' ....~. ~,~k""'" '.,-~/~, \ 1 , ... i ~ !J.', '. " ';, .-.,.., '" .I.YÞ, l' Y'?I.~íf I i( E ..1::1 il~ .Jï', I..I:..I.! <:1 ~~'=' J"Ch~'1t :: -7 ill I:, n ¡ u,....- " i.:,. / ),é &_<:1ßJ ~~~ : if ~.Illi- ~91~ii:' 'I Tí~ 6¡u" " '.... 7(" ,,"\ I~~. ~ ;tË. " ~ II ,~~ ~ ;~~."" "7 ~ \¡.ì . .1 if'.. . Áì"\ I" f\1./D 'I Hri,:, LlE 1'," ....... "" .~... ¥?':' ~;",u, '", ~.I': ~ ,~; 'f 'I 11lJ~ ~ ,A.~. '( ""'~~~~\~;~~Ç~fi~ , ~ ç ~ \ " / '~.'/: {'. 6:-' lj/4J II ..." ~, ;'¡'.I"~:JfJ!f!JI ,~ I '. Ì1' ?~~. .... :ff :.l.s . ,~, ~ \ ¡ U 'I i £C¥ ' :ïJ ~ ~ I~ ~ i' . . "V, \~ r. ' ~~ - ,~~ ~~¡j~ ~ _1'\", ({, ß "'I ;. ,,"" ~~, \. '-Ii ~ >Y A< ;~~ ~~l-P ~~~ : ) ~~ Ê"'~"""~ J ~ .~;~~ ")~ ~6'~'7 V/,~", ,:' L ~y '>P. V)~'~ ..' """.. ....." , ~/ ," " i ; '\0. .é ,', , "I' ,/" '. ,-/. ,; / "ç':. ~f j' "-" T. PROJECT Nu. ADDRESS CUP 04-026 LOCATION: 171 E. First Street (Northwest corner of prospec~ Avenue and First Street) REQUEST: .! TO CONSTRUCT A DRIVE THROUGH LANE I CONJUNCTION WITH AN EXISTIN 2,983 SQUARE FOOT F AST -FOO~ RESTAURANT. : I (Owner/Applicant: Kenny Dewan) I \ ¡;; "V 0 :II 0 '--""'" .-- ~ ATTACHMENT C MINUTES FROM PLANNING COMMISSION MEETING ON JUNE 9, 2003 7:00 p.m. Given All present Staff present None Approved Adopted Resolution No.3870,as modified 7:01 p.m. West Menard West MINUTES TUSTIN PLANNING COMMISSION REGULAR MEETING - 7:00 P.M. JUNE 9, 2003 CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL Elizabeth Binsack. Community Development Director Doug Holland, Assistant City Attorney Doug Anderson, Senior Project Manager-Transportation Karen Peterson, Senior Planner Matt West, Associate Planner Eloise Harris, Recording Secretary PUBLIC CONCERNS CONSENT CALENDAR 1. APPROVAL OF MINUTES - MAY 12, 2003, PLANNING COMMISSION MEETING. It was moved by Pontious. seconded by Amante, to approve the Consent Calendar. Motion carried 5-0. PUBLIC HEARINGS 2. CONTINUED CONDITIONAL USE PERMIT 02-018 AND DESIGN REVIEW 02-018 FOR AUTHORIZATION TO CONSTRUCT A 2.983 SQUARE FOOT RESTAURANT. WITH A DRIVE-THRU LANE AND OUTDOOR DINING AREA, AT THE PROPERTY LOCATED AT 171 EAST FIRST STREET. THIS PROJECT IS LOCATED IN THE "COMMERCIAL" DESIGNATION WITHIN THE FIRST STREET SPECIFIC PLAN ZONING DISTRICT. RECOMMENDATION: That the Planning Commission adopt Resolution No. 3870 for Conditional Use Permit 02-018 and Design Review 02- 018 approving the request to construct a 2,983 square foot restaurant with an outdoor dining area and denying the request to install a drive-thru lane at 171 East First Street. The Public Hearing opened. Presented the staff report. Asked whether or not during plan check realignment of the Prospect entrance would include adding finger islands and parking spaces. Stated additional parking spaces may be provided which could also allow for additional seats within the proposed footprint of the building; landscape islands may be required as a result of complying with the City.s Landscaping and Irrigation Guidelines. Minutes - Planning Commission June 9, 2003 - Page 1 Menard Director Jennings Ron Underwood Menard Mr. Underwood Tiffany Stroupe, 185 Lockwood Park Place Jennings Anderson Jennings Pontious Thanked staff for the add itional comments provided in this report. Pointed out Condition 2.23 in the modified resolution of approval that requires the trash enclosure to be relocated toward the rear elevation of the building, further away from where it was located in the plan being reviewed this evening; that modification will take place at plan check; a condition was added stating the staff may annually review the use; such review would only be necessary if problems develop with the conditions of approval or valid issues occur with the neighbors. Invited a representative from Farmer Boys to speak. Thanked staff for their hard work and the Planning Commission for considering the proposal; stated that Farmer Boys was in concurrence with the conditions as stated. Asked Mr. Underwood if other Farmer Boys are operated without a drive-thru. Answered that the main corporate restaurant in downtown Riverside operates without a drive-thru. Thanked the Planning Commission for their consideration of the concerns presented by the neighbors, Farmer Boys for their consideration and elimination of the drive-thru, and the planners who worked very hard on this project; stated the resolution of the issues regarding noise and exhaust odors from the rooftop equipment was appreciated; added that continuing concerns are the hours of operation and additional traffic that will affect her neighborhood; suggested perhaps no-outlet signs or other restrictive signs could be placed in the neighborhood; suggested that the patio will be a source of noise; and, as a compromise, given the greater possibility for vandalism at night, requested the hours of operation be modified to 7:00 a.m. to 10:00 p.m. daily in ensure the privacy and security ofthe residents. Asked the Traffic Engineer if a no-outlet sign would be appropriate since there is an outlet from that neighborhood. Responded that staff can investigate and determine what type of signing might deter traffic and also be appropriate for that location. Suggested the primary source of traffic would be from vehicles traveling south on Prospect and not people leaving the proposed restaurant. Added that drivers leaving the restaurant site and going into the neighborhood would require a U-turn at the First Street traffic signal. Patrick Stroupe, Stated there is a McDonalds 300 feet away and a Oer 185 Lockwood Park Wienersnitzl across the street which already come into the Place neighborhood. Jennings Mr. Stroupe Noted that cars exiting on Prospect must turn right and those exiting on First Street must turn right, which means the exiting traffic will not be headed toward Mr. Stroupe's neighborhood. Added his thanks to staff for recommending denying the drive- thru; commented that the outdoor patio is still a major noise concern; referred to the activities that take place before a Minutes - Planning Commission June 9. 2003 - Page 2 Phil Cox, 435 EI Camino Real Mr. Underwood Jennings Amante Mr. Underwood Kenny Dewan, President of Farm Fresh Restaurants, one of the operators of Farmer Boys Restaurants Jennings Mr. Dewan Jennings Mr. Dewan Jennings restaurant opens and after it closes which can result in longer hours than specified; stated he would like to see Sundays restricted to 9:00 p.m.; asked for restrictions on the hours allowing equipment startup, landscape maintenance and watering, parking lot cleaning, trash pickup, etc. that could conceivably amount to 24-hour activities; and, reiterated the request that the hours of operation be restricted to 7:00 a.m. to 10:00 p.m. Monday through Saturday and 7:00 a.m. to 9:00 p.m. on Sunday. Stated he has owned Cox's Market Plaza for 33 years; suggested that property owners who purchase homes adjacent to commercial districts should be prepared to accept the situations that exist in those residential areas; stated the City's sweeper cleans the streets at 5:00 a.m. and that is part of living in Old Town versus Lemon Heights; referred to the business survey presentation on May 29, 2003, co-sponsored by the City and the Chamber of Commerce, which stated the major portion of the financing of the City comes from sales tax revenue; suggested the proposed use by Farmer Boys would contribute to that revenue; stated he and friends visited the Farmer Boys in Brea and had a very good meal and a pleasant experience; and, welcomed the project to Old Town. Stated that Farmer Boys is willing to work with the residents regarding the hours of operation, but the 6:00 a.m. opening is extremely important to the Farmer Boys operation; Farmer Boys would be willing to close the patio at 10:00 p.m. Asked if Farmer Boys was suggesting opening at 6:00 a.m. for inside service, opening the patio at 7:00 a.m., and closing the patio at 10:00 p.m. Asked if Mr. Underwood was stating Farmer Boys would be willing to open from 6:00 a.m. to 10:00 p.m. on Friday and Saturday. Asked Kenny Dewan to respond. Stated he was reluctant to speak for Bob Veriato who was unable to attend the meeting due to illness; indicated he would not commit to something which could not be supported later; stated that opening at 6:00 a.m. and closing at 10:00 p.m. would be preferable to opening at 7:00 a.m. because all Farmer Boys restaurants are committed to opening at 6:00 a.m. Asked for clarification that Mr. Dewan was suggesting operating hours for the entire restaurant from 6:00 a.m. to 10:00 p.m. Referred to the hours 6:00 a.m. to 10:00 p.m. Monday through Thursday and 6:00 a.m. to 12:00 a.m. Friday and Saturday. Asked Mr. Dewan about the patio hours. Indicated the patio could be restricted to 8:00 a.m. to 10:00 p.m. daily. Asked Mr. Dewan if he was suggesting inside hours Monday through Thursday from 6:00 a.m. to 10:00 p.m. and Friday and Saturday on the patio from 7:00 a.m. to 10:00 p.m. Minutes - Planning Commission June g, 2003 - Page 3 ------ ____m Nielsen Mr. Dewan Jennings Mr. Dewan Ms. Stroupe Jennings Ms. Stroupe 7:30 p.m. Jennings Director Amante Pontious Menard Nielsen Stated his understanding that the applicant was suggesting hours being restricted to 10:00 p.m. Friday and Saturday in exchange for being open at 6:00 a.m. Answered he had not thought this through and had not spoken with Mr. Veriato and others who are decision-makers, but he believes the company might be willing to compromise on the patio dining hours. Suggested that the final decision could be left to staff and company representatives. Concurred with Chairperson Jennings' suggestion. Clarified that the residents' request was that the entire restaurant open at 7:00 a.m. and close at 10:00 p.m. daily, but the previous comments suggest going back to the original hours. Stated the inside hours suggested are 6:00 a.m. to 10:00 p.m. on weekdays and 6:00 a.m. to 12:00 a.m. on Friday and Saturday and the patio hours from 7:00 a.m. or 8:00 a.m. to 10:00 p.m. as a possible compromise. Restated the residents' concerns regarding the whole restaurant and the activities involved in opening, closing, maintenance, etc. The Public Hearing closed. Asked staff for information regarding restrictions on noise. Answered that a condition can be added regarding deliveries and outdoor operations; the Noise Ordinance governs these issues, but staff can further restrict some outdoor operations, if desired, as follows: .Condition 5.8: No deliveries or exterior work shall occur prior to 7:00 a.m. or after 10:00 p.m. daily." Complimented staff regarding their handling of the residents' concerns, especially the removal of the drive-thru; suggested the revised application is a fair compromise and a balanced approach to the desires of the residents and the business owner; and, stated his approval of the project. Echoed Commissioner Amante's comments, stating Farmer Boys is a business-friendly use for this site; suggested there may be a process whereby neighborhood parking could be by permit only; and, stated her support for staffs recommendation. Thanked everyone, especially the applicant, for addressing the residents' concerns; suggested the proposal now meets all parties halfway; and, stated he supports staffs recommendation. Thanked staff and the applicant for the extra work involved in this project; noted that staffs recommendation presents a viable compromise between the applicant and the residents; and, stated he is in favor of the project. It was moved by Pontious, seconded by Nielsen, to adopt Resolution No. 3870, as modified. Motion carried 5-0 Adopted Resolution 3. No. 3877 CONDITIONAL USE PERMIT 03-006 FOR AUTHORIZATION TO ESTABLISH A VETERINARY CLINIC FOR CATS. THIS PROJECT IS LOCATED AT 3069 EDINGER AVENUE IN THE PLANNED Minutes - Planning Commission June 9. 2003 - Page 4 ------- ATTACHMENT D SUBMITTED PLANS V1aNIIY MAP Not To So.l. LBGBNDS . NEW T.."" TREES FOR SCR""'O SIGHT AND SOUND HEIQHT .' TO T', WIDTH 3' TO .' 8' EXISTING TREES OWNER OF RECORD IœNNY DBWAN 6 Copper Ifill JniDo, CA 92620 Tel: (310) 87U1IJO he (714) 730479S FIRST STREET TABULATIONS 24,415 Sq. Pi. Laud Ala o.s6 Aaa. 2,983 Sq. Pi. B14 Area BuildiDs Coftn&e : 12.2 ~ AppmL 5,680 Sq. Pi. Lmdscape Ala I.md8cape Ccmnse : 23 'III LANDSCAPE SETBACKS South Side (Pint Street) : 10' q Eat Sicle (P:!ocpect A'ft.) : 10' q SEATING INPORMA110N Indoor : 80 Seats, Oatdoor: 1 0 Seats Total : 90 Seats Ptoridc:d. STAlL SJZB StmcIud : ,. x 'JJ1 ~ 4Þ' Bumper C>ftrbaDc AIlowm Compllct: rq X lr ~ q Bumper C>ftrbmc AIlowai Drift Aisle Width: 25'Q STAW 1lEQ..UIlUID 1/3 IatJ STAW PROVIDED 24 StaDdard SI8IIa 4 Com1IIá SI8IIa (21M of toI8l SI8IIa) 2 Hmc1icap Stalls Total : 30 Stalls --------- ðD NOI.TH ScoIe 1'..~ ~ . III ., III BICKEL UNDBilWOOD "..... & aloltn ,.. ",ORlnor . ..".0.'" .0800....0. - ... - . - IJD , Noopoot -. CA - Mo757-Ntl _Mo757-1511 IF C8J.Irmm æIr JE CCDY§ JRæ ~)"(téID lliLIr éBlIDllt Jl 7 Jl JE&Ð.~'G: IFfur~'G: §ttee'G: <Cñty «J>if 'J:rUlll~tfum1> <CæillM<c>J!JThÏLm ArJJJ SID RAN ........... '. - P;/WJIIZ1~1ÏIoU4IN4 ...---..--. -..--~-.....~.. -------- --..-.......-- -----.....-.- . . .., .. -=i:: .. - ... - ... -- --- --. -- ...., ATTACHMENT E QUEUING ANALYSIS, DATED DECEMBER 18, 2002 Darnell & ASSOCIATES. INC. TRANSPORTATION PLANNING & TRAFFIC ENGINEERING December 18, 2002 Mr. Bob Veriato Farmer Boys Restaurant 3452 University Avenue Riverside, CA 92501 D&ARef. No: 020601 Subject: Revised Vehicle Queue Analysis for Farmer Boys Restaurant in Tustin, CA Dear Mr. Veriato: In accordance with your authorization we have revised the November 14, 2002 letter report on the evaluation of the vehicle stacking for the proposed Farmer Boys Restaurant at First and Prospect in the City of Tustin, CA to include queuing data nom the Diamond Bar and Chino Stores and the hourly breakdown of drive-thru customers at the Chino and Murrietta Stores. The proposed restaurant provides stacking for approximately six (6) vehicles between the service window and parking lot aisle way off Prospect Street. Figure 1 presents a copy of the proposed site plan. To determine the demand using the drive-thru window, we conducted counts at the Farmer Boys Restaurant located at 810 South Brea Canyon Road in Diamond Bar, CAon Wednesday, June 5,2002 and on Saturday, June 22, 2002. The Diamond Bar facility was selected because it is located within an industrial area and is expected to have a higher drive-thru demand than the proposed facility. We also conducted counts at the Farmer Boys Restaurant located at 13675 Central Avenue in Chino, CA on Wednesday, November 20,2002, Friday, November 22, 2002 and Saturday, November 23, 2002. The busy times for the restaurants are expected to occur at lunch time from 11 :00 a.m. to 2:00 p.m. and the evening dinnertime from 5 :00 p.m. to 6:30 p.m. To determine the maximum vehicle queue waiting in the drive- thrulanes we counted the number of vehicles going through the drive-thru and the maximum number ofvehicles waiting during five (5) minute intervals. Tables 1 and 2 present the results of our surveys for Wednesday, June 5, 2002 and Tables 3 and 4 present the resuhs on our surveys for Saturday, June 22, 2002 for the Diamond Bar location. Tables 5 and 6 present the results of our survey for Wednesday, November 20, 2002, Tables 7 and 8 present the results on our surveys for Friday, November 22,2002 and Tables 9 and 10 present the results on our surveys for Saturday, November 23, 2002 for the Chino location. Review of Tables 1 and 2 show that the maximum vehicle queue on Wednesday occurred between 12:05 and 12:10 p.m. with a demand of five (5) vehicles. The next highest demand occurred between 12:20 and 12:25 p.m. and 1 :30 and I :35 P.M. with four (4) vehicles waiting. At all other times the vehicle demand was three (3) vehicles or less. Review of Tables 3 and 4 show that the maximum vehicle queue on Saturday occurred between 12:35 and 12:40 p.m. with a demand of five (5) vehicles. The next highest demand occurred between 12:15 and 12:20; 12:40 and 12:45; and 1 :05 and 1: 1 0 with three (3) vehicles waiting. At all other times the vehicle demand was two (2) vehicles or less. 1446 FRONT STREET. SUITE 300. SAN DIEGO, CA 92101 PHONE: 619-233-9373 . FAX: 619-233-4034 E-mail: BD492@aolocom Mr. Bob Veriato Farmer Boys Restaurant December 18, 2002 Page 2 Review of Tables 5 and 6 show that the maximum vehicle queue on Wednesday occurred between 11 :35 a.m. and 12:00 p.m. with a demand of four (4) vehicles. At all other times the vehicle demand was three (3) vehicles or less. Review of Tables 7 and 8 show that the maximum vehicle queue on Friday occurred between 11 :35 a.m. and 12:00 p.m. with a demand of four (4) vehicles. At all other times the vehicle demand was two (2) vehicles or less. Review of Tables 9 and 10 show that the maximum vehicle queue on Saturday occurred between 11 :25 a.m. and 12: 1 0 p.m. with a demand of four (4) vehicles. At all other times the vehicle demand was three (3) vehicles or less. The City of Tustin Traffic Engineering staffhas raised a question on the comparability of the proposed Tustin Farmer Boys Project when compared to the Diamond Bar Site. The reason for the concern raised by the City staff is that the Diamond Bar Site is located in an industrial area and the proposed Tustin side is located in a commercial area. We understand the City's concerns and offer the following comments on why we feel the Diamond Bar Site is comparable from a traffic generation and queuing standpoint. The reasons are: 1. The Diamond Bar Site is located in a central area of industrial uses. 2. The site is adjacent to the SR-60 Freeway and just west of the SR-57 Freeway. 3. The site is located on Brea Canyon Road which provides freeway access to the surrounding industrial area as well as the City of Walnut located approximately three miles to the north. 4. There are limited other food services facilities for lunch time and/or dinner time in the area. We also surveyed the Chino Site which should provide for a more comparable survey than the Diamond Bar Site because: 1. The Chino site is located within a commercial area, with surrounding residential areas. 2. The site is in close proximity to the 1-10 freeway. 3. Tþere are numerous other food services facilities for lunch time and/or dinner time in the area. To further confll1Il the adequacy of the Diamond Bar F acUity as a comparab Ie unit for Drive thru demands Farmer Boys Restaurant collected data on drive thru customers and drive thru sales over a three-week period in late September, early October 2002. The sites surveyed are: ~ Farmer Boys Murrietta; and ~ Farmer Boys Chino Hill located at Central and Shaffer. Mr. Bob Veriato Fanner Boys Restaurant December 18,2002 Page 3 Data collection for the Murrietta store was collected from Tuesday, September 17,2002 through Sunday, October 6, 2002. Table 11 summarizes the data collected for the Murrietta store. The peak daily drive thru demand occurred on Friday, October 4,2002 with a demand of 121 drive thru customers. The peak hourly drive thru demand at the Murrietta store was 10 drive thru customers which occurred on each of the 20 days surveyed. As was illustrated in Tables 1 - 4, the maximum hourly drive thru demand generated by the Diamond Bar site was 29 vehicles which is 2.9 times more than the maximum hourly drive thru demand generated by the Murrietta site. Traffic data for the Chino site was collected from Monday, September 16, 2002 through Sunday, October 6, 2002. The number of drive thru customers and sales was collected from 11 :30 a.m. to 1 :00 p.m. and 5 :30 p.m. to 7:30 p.m. The results are presented on Table 12. Review of Table 12 shows that the Fanner Boys Chino Site that the peak daily drive thru demand occurred on Friday, September 27,2002 with a demandof234 drivethrucustomers. The peak hourly drivethru demand at the Chino site was 33 drive thru customers which occurred on Monday, September 23, 2002 between 12:00 p.m. and 1 :00 p.m. Review of Tables 1-4 shows that the maximum queue length at the Diamond Bar location was 5 vehicles. Review of tables 5-10 shows that the maximum queue length at the Chino location was 4 vehicles. In summary, we have concluded that the proposed stacking for six (6) vehicles is adequate for the proposed restaurant. Please call me if you have any questions or need additional information. Sincerely, DARNELL & ASSOCIATES, INC. ~~~ Bill E. Darnell, P .E. RCE: 22338 Dated: Æ \ rçl D ~ BED/lag/vsh 020601-FBVehicleQueueL TR-RPT5.wpd/O2-11 Attachments cc: Doug Anderson, City of Tustin Steve Sasaki, Sasaki & Associates ~,:".. .~ ! Jr 'I . It J--.. I .,.. . i .":~ I r' . I ~ .... ~'f I~n .". .. .,. I '} I J . ! \ . ~~ .\ I ~. \ . J . ./ ~ '. l ~ L = . \~.c ~I:"\ ~, - ¿ - \ '. \. I J ""'--.... , -.----- .' ---- ~?5~c:r Darn e II ck ASSOCIA,TES. INC. FIGURE 1 SITE PLAN 0206C1AA 06-10-02 SRN 4 ~ ) 1 t t ~ I ( . .. ~ç-li \ j" ," . ' . -" . .... ... Mr. Bob Veriato Farmer Boys Restaurant December 18, 2002 Page 5 TABLEt FARMER BOYS DIAMOND BAR DRIVE TIIRU COUNTS Wednesday, JuDe 5,2002 -11:00 a.m. to 2:00 p.m. Nwnber of Cars Going Through Drive Maximwn Nwnber of Cars Waiting in Drive Thru Time Period Thru During Time Period Per 5 Minute Per Hour 11:00 - 11:05 a.m. 0 0 11:05 - 11:10 a.m. 0 0 11:10 - 11:15 a.m. 0 0 11:15 - 11:20 a.m. 1 1 11:20 -11:25 a.m. 1 1 11:25 -11:30 a.m. 1 1 11:30 - 11:35 a.m. 2 2 11:35 -11:40 a.m. 2 3 11 :40 - 11 :45 a.m. 1 2 11:45 -11:50 a.m. 3 2 11:50 - 11:55 a.m. 1 1 11:55 - 12:00 p.m. 2 14 2 12:00 - 12:05 p.m. 2 16 3 12:05 - 12:10 p.m. 5 21 5 12:10 - 12:15 p.m. 2 23 4 12:15 - 12:20 p.m. 3 25 3 12:20 -12:25 p.m. 4 28 4 12:25 - 12:30 p.m. 1 28 3 12:30 - 12:35 p.m. 2 28 3 12:35 - 12:40 p.m. 1 27 1 12:40 - 12:45 p.m. 3 29 3 12:45 - 12:50 p.m. 2 28 2 12:50 - 12:55 p.m. 1 28 2 12:55 - 1:00 p.m. 3 29 3 1:00 - 1:05 p.m. 1 28 1 1:05 - 1:10 p.m. 1 24 1 1:10 - 1:15 p.m. 1 23 1 Mr. Bob Veriato Fanner Boys Restaurant December 18, 2002 Page 6 TABLE I (Continued) FARMER BOYS DIAMOND BAR DRIVE THRU COUNTS Wednesday, June 5, 1001-11:00 80m. to 1:00 p.m. 1:15 -1:20p.m. 2 22 2 1:20 - 1:25 p.m. 0 18 0 1:25 - 1:30 p.m. 1 18 1 1:30.1:35 p.m. 4 20 4 1:35 - 1:40 p.m. 1 20 2 1:40 -1:45 p.m. 0 17 1 1:45 - 1:50 p.m. 1 16 1 1:50 - 1:55 p.m. 1 16 1 1:55 - 2:00 p.m. 2 15 2 Mr. Bob Veriato Farmer Boys Restaurant December 18, 2002 Page 7 TABLE 2 FARMER BOYS DIAMOND BAR DRIVE THRU COUNTS Wednesday, Jnne 5,2002 - 5:00 - 6;30 p.m. Number of Cars Going Through Dñve Thru Maximum Number of Cars Waiting in Dñve Time Period Thru During Time Period Per 5 Minute Period Per Hour 5:00 - 5:05 p.m. 0 0 5:05 - 5:10 p.m. 1 0 5:10 - 5:15 p.m. 1 0 5:15 - 5:20 p.m. 0 0 5:20 -5:25 p.m. 0 0 --,-"--- ,., 5:25 - 5:30 p.m. 0 0 5:30 - 5:35 p.m. 1 1 5:35 -5:40 p.m. 2 2 5:40 - 5:45 p.m. 3 5 5:45 -5:50 p.m. 1 4 5:50 - 5:55 p.m. 2 5 5:55 - 6:00 p.m. 1 12 3 6:00 - 6:05 p.m. 3 15 3 6:05 - 6:10 p.m. 3 17 4 6:10 - 6:15 p.m. 2 18 4 6:15 - 6:20 p.m. 1 19 4 6:20 - 6:25 p.m. 0 19 0 6:25 - 6:30 p.m. 2 21 2 Mr. Bob Veriato Farmer Boys Restaurant December 18, 2002 Page 8 TABLE 3 FARMER BOYS DIAMOND BAR DRIVE THRU COUNTS Saturday, JuDe 22, 2002 -11:00 80m. to 2:00 p.m. Number of Cars Going Through Drive Thru Maximum Number of Cars Waiting in Drive Thru Time Period During Time Period Per 5 Minute Period Per Hour 11:00 - 11:05 a.m. 0 0 11:05 - 11:10 a.m. 2 2 11:10 - 11:15 a.m. - 1 1 11:15 - 11:20 a.m. 1 1 11:20 -11:25 a.m. 0 0 11:25 - 11:30 a.m. 0 0 11:30 - 11:35 a.m. 0 0 11:35 -11:40 a.m. 1 1 11:40 - 11:45 a.m. 2 2 11:45-11:50 a.m. 1 1 11:50 - 11:55 a.m. 1 1 11:55 - 12:00 p.m. 0 9 0 12:00 - 12:05 p.m. 2 11 2 12:05 - 12:10 p.m. 2 11 2 12:10 - 12:15 p.m. 1 11 1 12:15 - 12:20 p.m. 3 13 3 12:20 - 12:25 p.m. 1 14 1 12:25 - 12:30 p.m. 2 16 2 12:30 - 12:35 p.m. 2 18 2 12:35 - 12:40 p.m. 5 22 S 12:40 - 12:45 p.m. 2 22 3 12:45 - 12:50 p.m. 0 21 0 12:50 - 12:55 p.m. 0 20 0 12:55 - 1:00 p.m. 1 21 1 1:00 -1:05 p.m. 1 20 1 1:05 - 1:10 p.m. 3 21 3 1:10 - 1:15 p.m. 1 21 I Mr - Bob Veriato Farmer Boys Restaurant December 18,2002 Page 9 TABLE 3 (Continued) FARMER BOYS DIAMOND BAR DRIVE THRU COUNTS Saturday, JUDe 22, 2002 -11:00 80m. to 2:00 p.m. 1:15 -1:20 p.m. 2 20 2 1:20 - 1:25 p.m. 0 19 0 1:25 -1:30 p.m. 1 18 1 1:30 - 1:35 p.m. 1 17 1 1:35 - 1:40 p.m. - 2 14 2 1:40 -1:45 p.m. 0 12 0 1:45 - 1:50 p.m. 1 13 1 1:50 - 1:55 p.m. 0 13 0 1:55 - 2:00 p.m. 0 12 0 Mr. Bob Veriato Farmer Boys Restaurant December 18, 2002 Page 10 TABLE 4 FARMER BOYS DIAMOND BAR DRIVE THRU COUNTS Saturday, JuDe 22, 2002 - 5:00 - 6:30 polO. Number of Cars Going Through Drive Thru Maximum Number of Cars Waiting in Drive Time Period Thru During Time Period Per 5 Minute Period Per Hour 5:00 - 5:05 p.m. 1 0 5:05 - 5:10 p.m. 0 0 5:10 - 5:15 p.m. 1 0 5:15 - 5:20 p.m. 1 0 5:20 -5:25 p.m. 2 ...--...' - 1 5:25 - 5:30 p.m. 0 0 5:30 - 5:35 p.m. 0 0 5:35 -5:40 p.m. 1 0 5:40 - 5:45 p.m. 1 0 5:45 -5:50 p.m. 2 1 5:50 - 5:55 p.m. 2 2 5:55 - 6:00 p.m. 1 12 1 6:00 - 6:05 p.m. 0 11 0 6:05 - 6:10 p.m. 0 11 0 6:10 - 6:15 p.m. 1 11 0 6:15 - 6:20 p.m. 2 12 1 6:20 - 6:25 p.m. 1 11 1 6:25 - 6:30 p.m. 0 11 0 Mr. Bob Veriato Farmer Boys Restaurant December 18, 2002 Page 11 TABLE 5 FARMER BOYS ClßNO DRIVE THRU COUNTS Wednesday, November 20,2002 -11:00 a.m. to 2:00 p.m. Number of Cars Going Through Drive Thru Maximum Number of Cars Waiting in Drive Thru Time Period During Time Period Per 5 Minute Period Per Hour 11:00 - 11:05 a.m. 2 3 11:05 - 11:10 a.m. 4 2 11:10 - 11:15 a.m. 1 1 11:15 - 11:20 a.m. 2 2 11:20 -11:25 a.m. 2 2 11:25 - 11:30 a.m. 2 2 11:30 - 11:35 a.m. 1 1 11:35 -11:40 a.m. 4 4 11:40 - 11:45 a.m. 1 2 11:45-11:50a.m. 1 2 11:50 - 11:55 a.m. 4 4 11:55 - 12:00 p.m. 2 26 4 12:00 - 12:05 p.m. I 25 2 12:05 - 12:10 p.m. 1 22 2 12:10 - 12:15 p.m. 1 22 1 12:15 - 12:20 p.m. 2 22 1 12:20 - 12:25 p.m. 1 21 2 12:25 - 12:30 p.m. 2 21 2 12:30 - 12:35 p.m. 1 21 2 12:35 - 12:40 p.m. 2 19 I 12:40 - 12:45 p.m. 2 20 2 12:45 - 12:50 p.m. I 20 1 12:50 - 12:55 p.m. 2 18 I 12:55 - 1:00 p.m. 2 18 I 1:00 -1:05 p.m. 2 19 2 1:05 - 1:10 p.m. 2 20 1 1:10 - 1:15 p.m. I 20 2 Mr. Bob Veriato Farmer Boys Restaurant December 18, 2002 Page 12 TABLE 5 (Continued) FARMER BOYS CHINO DRIVE THRU COUNTS Wednesday, November :ZO, :ZOO:Z -11:00 a.m. to :Z:OO p.m. 1:15 - 1:20 p.m. 1 19 2 1:20 -1:25 p.m. 2 20 1 1:25 -1:30 p.m. 1 19 2 1:30 - 1:35 p.m. 0 18 1 1:35 - 1:40 p.m. 2 18 1 1:40 - 1:45 p.m. 2 18 1 1:45 - 1:50 p.m. 1 18 1 1:50 - 1:55 p.m. 0 16 0 1:55 - 2:00 p.m. 1 15 1 Mr. Bob Veriato Farmer Boys Restaurant December 18,2002 Page 13 TABLE 6 FARMER BOYS CHINO DRIVE THRU COUNTS WedDesday, November 10, 1001 - 5:00 - 6:30 p.m. Number of Cars Going Through Drive Thru Maximum Number of Cars Waiting in Drive Time Period Thru During Time Period Per 5 Minute Period Per Hour 5:00 - 5:05 p.m. 1 1 5:05 - 5:10 p.m. 2 2 5:10 - 5:15 p.m. 1 2 5:15 - 5:20 p.m. 1 2 5:20 -5:25 p.m. 2 3 5:25 - 5:30 p.m. 3 3 5:30 - 5:35 p.m. 2 2 5:35 -5:40 p.m. 2 3 5:40 - 5:45 p.m. 3 2 5:45 -5:50 p.m. 3 3 5:50 - 5:55 p.m. 2 2 5:55 - 6:00 p.m. 1 23 2 6:00 - 6:05 p.m. 2 24 2 6:05 - 6:10 p.m. 2 24 2 6:10 - 6:15 p.m. 1 24 2 6:15 - 6:20 p.m. 1 24 1 6:20 - 6:25 p.m. 0 22 0 6:25 - 6:30 p.m. 1 20 1 Mr. Bob Veriato Farmer Boys Restaurant December 18, 2002 Page 14 TABLE 7 FARMER BOYS CHINO DRIVE TURD COUNTS Friday, November 22, 1001 - 11:00 a.m. to 2:00 p.rn. Number of Cars Going Through Drive Thru Maximum Number of Cars Waiting in Drive Thru Time Period During Time Period Per 5 Minute Period Per Hour 11:00 - 11:05 a.m. 3 2 11:05 - 11:10 a.m. 1 2 11:10 - 11:15 a.m. 1 2 11:15 - 11:20 a.m. 2 2 11:20 -11:25 a.m. 1 0 11:25 - 11:30 a.m. 1 2 11:30 - 11:35 a.m. 3 2 11:35 -11:40 a.m. 3 4 11:40 -11:45 a.m. 2 2 11:45 -11:50 a.m. 2 3 11:50 - 11:55 a.m. 1 3 11:55 - 12:00 p.m. 3 23 4 12:00 - 12:05 p.m. 2 22 2 12:05 - 12:10 p.m. 1 22 2 12:10 - 12:15 p.m. 2 23 1 12:15 - 12:20 p.m. 2 23 1 12:20 - 12:25 p.m. 2 24 1 12:25 - 12:30 p.m. 1 24 1 12:30 - 12:35 p.m. 2 23 1 12:35 - 12:40 p.m. 2 19 1 12:40 - 12:45 p.m. 1 20 0 12:45 - 12:50 p.m. 2 21 1 12:50 - 12:55 p.m. 1 21 1 12:55 - 1:00 p.m. 2 20 1 1:00 - 1:05 p.m. 1 19 2 1:05 - 1:10 p.m. 2 20 1 1:10 - 1:15 p.m. 1 19 2 Mr. Bob Veriato Farmer Boys Restaurant December 18, 2002 Page 15 TABLE 7 (Continued) FARMER BOYS CHINO DRIVE THRU COUNTS Friday, Novembern~ 2002 - 11:00 80m. to 2:00 p.m. 1:15 - 1:20 p.m. 2 19 1 1:20 - 1:25 p.m. 1 18 0 1:25 - 1:30 p.m. 1 18 2 1:30 - 1:35 p.m. 1 17 2 1:35 - 1:40 p.m. - 2 17 2 1:40 - 1:45 p.m. 2 18 1 1 :45 - 1:50 p.m. 2 18 1 1:50 - 1:55 p.m. 2 19 1 1:55 - 2:00 p.m. 0 17 0 Mr. Bob Veriato Farmer Boys Restaurant December 18, 2002 Page 16 TABLE 8 FARMER BOYS CHINO DRIVE THRU COUNTS Friday, November 12, 1001 - 5:00 - 6:30 p.m. Number of Cars Going Through Drive Thru Maximum Number of Cars Waiting in Drive Time Period Thru During Time Period Per 5 Minute Period Per Hour 5:00 - 5:05 p.m. 2 1 5:05 - 5:10 p.m. 1 0 5:10 - 5:15 p.m. 1 1 5:15 - 5:20 p.m. 1 2 5:20 -5:25 p.m. 2 r 5:25 - 5:30 p.m. 2 2 5:30 - 5:35 p.m. 1 2 5:35 -5:40 p.m. 1 2 5:40 - 5:45 p.m. 2 2 5:45 -5:50 p.m. I 2 5:50 - 5:55 p.m. 1 2 5:55 - 6:00 p.m. 2 17 2 6:00 - 6:05 p.m. 1 16 2 6:05 - 6:10 p.m. 2 17 1 6:10 - 6:15 p.m. 2 18 I 6:15 - 6:20 p.m. 1 18 1 6:20 - 6:25 p.m. I 17 0 6:25 - 6:30 p.m. I 16 1 Mr. Bob Veriato Farmer Boys Restaurant December 18, 2002 Page 17 TABLE 9 FARMER BOYS CHINO DRIVE THRU COUNTS Saturday, November 23,1001- 11:00 a.m. to 2:00 p.m. Number of Cars Going Through Drive Thru Maximum Number of Cars Waiting in Drive Thru Time Period During Time Period Per 5 Minute Period Per Hour 11:00 - 11:05 a.m. 2 3 11:05 - 11:10 a.m. 3 3 11:10 - 11:15 a.m. 2 3 11:15 - 11:20 a.m. 2 2 11:20 -11:25 a.m. 2 3 11:25 - 11:30 a.m. 3 4 11:30 -11:35 a.m. 4 3 11:35 -11:40 a.m. 5 4 11 :40 - 11 :45 a.m. 3 3 11:45 -11:50 a.m. 4 4 11:50 - 11:55 a.rn. 3 3 11 :55 - 12:00 p.m. 4 37 3 12:00 - 12:05 p.m. 3 38 3 12:05 - 12:10 p.rn. 3 38 4 12:10 - 12:15 p.m. 3 39 3 12:15 - 12:20 p.m. 2 39 3 12:20 - 12:25 p.m. 2 39 2 12:25 - 12:30 p.m. 3 39 2 12:30 - 12:35 p.m. 2 37 2 12:35 - 12:40 p.m. 3 19 2 12:40 - 12:45 p.m. 3 20 2 12:45 - 12:50 p.m. 2 33 1 12:50 - 12:55 p.m. 2 32 2 12:55 - 1:00 p.m. 2 30 1 1:00-1:05 p.m. 2 29 2 1:05 - 1:10 p.m. 1 27 1 1:10 - 1:15 p.m. 2 26 1 Mr. Bob Veriato Farmer Boys Restaurant December 18, 2002 Page 18 TABLE 9 (Continued) FARMER BOYS CHINO DRIVE THRU COUNTS Saturday, November 23, 1001 - 11:00 Lm. to 1:00 p.m. 1:15 - 1:20 p.m. 2 26 2 1:20 - 1:25 p.m. I 25 I 1:25 - 1:30 p.m. 2 24 I 1:30 - 1:35 p.m. 1 23 0 1:35 - 1:40 p.m. - I 21 0 1:40 - 1:45 p.m. 2 20 1 1:45 - 1:50 p.m. I 19 1 1:50 - 1:55 p.m. I 18 0 1 :55 . 2:00 p.m. 2 18 I Mr. Bob Veriato Farmer Boys Restaurant December 18, 2002 Page 19 TABLE 10 FARMER BOYS CHINO DRIVE THRU COUNTS Saturday, November 23, 2002 - 5:00 - 6:30 p.m. Number of Cars Going Through Drive Thru Maximum Number of Cars Waiting in Drive Time Period Thru During Time Period Per 5 Minute Period Per Hour 5:00 - 5:05 p.m. 2 1 5:05 - 5:10 p.m. 2 2 5:10 - 5:15 p.m. 1 1 5:15 - 5:20 p.m. 2 2 5:20 -5:25 p.m. 3 3 5:25 - 5:30 p.m. 3 3 5:30 - 5:35 p.m. 4 3 5:35 -5:40 p.m. 3 2 5:40 - 5:45 p.m. 2 2 5:45 -5:50 p.m. 3 2 5:50 - 5:55 p.m. 2 2 5:55 - 6:00 p.m. 2 29 1 6:00 - 6:05 p.m. 3 30 2 6:05 - 6:10 p.m. 2 30 2 6:10 - 6:15 p.m. 1 30 2 6:15 - 6:20 p.rn. 2 30 2 6:20 - 6:25 p.m. 1 28 1 6:25 - 6:30 p.m. 1 26 1 TABLE 11 SUMMARY OF FARMER BOYS. MURRIETTA DrIve Thru Customers Tuesdav Wednesday Thursday Friday aturda Sunday I Monday TuesdavlWednesda ThUrsday Fnday saturday Sunday Monday Tuesday I wednesdaY Thursday Friday SaluRlay I Sunday Dale 09117102 09/18102 09119/02 09120102 09/21102 09/22102 09/23/02 09/24102 09/25102 09l26IO2 09/27102. 09/28102 09/29102 09130102 10101102. 10102102 1 0103/02 1 0104102 1 0I05IO2 10J06J02 lime /I $ /I $ /I $ II $ /I $ II $ /I $ II $ 1# $ 1# $ /I $ II $ II $ /I $ /I $ /I $ /I $ , $ /I $ , $ 5-6 AM 6-7 2 $16 1 $6 1 $5 1 $3 3 $12 1 $9 3 $12 2 $8 4 $11 1 $4 1 $3 1 $5 2 $9 2 $10 7~ 2 $10 8 $34 4 $17 7 $31 1 $11 3 $16 5 $24 6 $36 8 $46 3 $15 3 $14 2 $19 4 $21 6 $28 3 $12 2 $9 6 $39 5 $24 2 $15 8-9 7 $33 7 $43 7 $36 10 $44 6 $40 5 $40 5 $29 6 $36 9 $59 5 $27 7 $28 5 $27 8 $45 3 $15 6 $25 7 $33 9 $42 6 $24 7 $77 3 $60 9-10 4 $26 4 $26 2 $12 7 $42 6 $51 6 $45 1 $4 3 $26 3 $18 6 $45 6 $38 10 $86 10 $87 2 $3 6 $23 9 $53 6 $28 7 $50 9 $43 10 $80 10-11 7 $35 3 $22 7 $90 4 $34 3 $25 10 $115 4 $15 9 $66 1 $3 6 $40 9 $99 9 $104 9 $124 8 $52 7 $65 4 $35 9 $45 4 $33 8 $76 10 $98 IIAM-12PM 9 $64 10 $121 10 $78 10 $86 6 $48 10 $68 8$457 $51 10 $98 9 $64 10 $140 10 $11 6 $91 8 $38 10 $116 9 $84 10 $85 10 $95 10 $107 10 $83 12-1 8 $111 9 $84 10 $85 10 $128 10 $111 9 $101 10 $61 10 $116 9 $168 10 $140 10 $140 6 $118 10 $100 10 $108 10 $136 10 $106 10 $89 9 $111 10 $68 9 $112 1-2 10 $79 10 $66 9 $67 9 $116 10 $112 9 $96 3 $32 6 $48 10 $121 9 $87 8 $85 10 $159 10 $81 9 $89 7 $40 10 $69 9 $95 10 $98 8 $95 10 $103 2-3 9 $77 7 $49 3 $16 3 $13 6 $46 7 $48 7 $51 7 $46 3 $13 4 $26 3 $18 8 $99 8 $50 5 $57 10 $64 5 $29 6 $40 6 $37 10 $102 6 $51 3-4 6 $47 3 $13 4 $17 9 $80 4 $24 4 $40 5 $14 7 $33 9 $56 4 $24 8 $61 9 $77 4 $29 3 $22 6 $39 8 $86 3 $22 6 $40 5 $56 3 $16 4-5 4 $36 8 $52 5 $37 8 $52 6 $44 5 $60 2 $18 6 $46 5 $66 4 $61 4 $20 10 $77 3 $23 9 $82 10 $81 5 $53 6 $75 6 $37 2 $34 5 $52 5-6 8 $66 10 $134 8 $95 6 $68 8 $63 10 $65 4 $85 7 $46 7 $54 4 $25 9 $98 6 $78 8 $61 10 $81 7 $92 4 $41 5 $42 8 $90 5 $73 2 $30 6-7 7 $77 9 $111 10 $112 10 $108 6 $72 9 $132 9$875 $67 10 $110 10 $134 8 $101 6 $32 10 $148 6 $94 8 $83 10 $131 7 $73 10 $145 1 $25 9 $62 7-8 8 $54 9 $96 9 $114 9 $138 10 $152 10 $171 10 $90 4 $25 10 $126 8 $141 8 $89 9 $75 10 $94 7 $64 6 $79 9 $122 10 $124 9 $107 9 $111 6 $82 8-9 5 $38 6 $49 4 $20 6 $65 7 $99 4 $44 3 $29 6 $84 4 $36 3 $18 9 $150 10 $101 9 $92 8 $78 2 $13 9 $101 7 $59 10 $118 10 $115 2 $19 9-10 1 $7 1 $5 4 $41 3 $23 4 $35 2 $9 4 $28 8 $54 7 $65 3 $34 1 $6 2 $25 1 $7 3 $31 1 $14 10 $85 3 $20 10-11 PM 2 $10 TOTAl: 88 5789 105 1913 93 $801 113 I 51.051 93 924 102 1,080 71 597 93 IU29 105 $1.032 90 $878 111 1$1.155 114 1,092 108 111,060 98 $840 103 $895 106 15989 101 1847 121 1,128 104 11,038 87 1$883 MAX: 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 ~USing driya-ttvu during the hour of money collected al driye-thru during the hou~ amounts rounded 10 the nearest dollar ~ a ~ TABLE 12 SUII MARY OF FARMER BOYS. CHfjO Drlye Thru Cu.""""" Mondav Tuesdav We<htsda Tlusdav Friday BaUdav Sundav Monday TuesdaY Weli1esdavl nusday Friday SalLrdav SundaY Monday uesdav W_da nusda Friday Sabldav SlÐJay 09118102 09/17102 09/18/02 09118/02 09120102 09121102 09122102 09123102 09124102 09125102 09128102 09127102 09128102 09129102 09I30IO2 10101102 10102102 10103102 10I04IO2 10105102 10I06IO2 , $ , $ , $ , $ , $ , $ , $ , $ , $ II $ II $ II $ , $ II $ II $ II $ . $ . $ . $ . $ . $ 3 $13 6 $22 2 $6 5 $26 6 $31 6 $30 5 $23 4 $13 4 $5 7 $34 9 $49 8 $26 3 $26 2 $7 4 $13 4 $15 3 $7 4 $16 5 $27 3 $26 4 $19 -6 6 $42 7 $40 7 $46 12 $62 11 $70 5 $47 6 $42 7 $24 4 $12 9 $68 7 $29 18 $96 4 $31 8 $64 3 $16 6 $38 6 $18 8 $61 9 $80 7 $59 5 $39 6-9 12 $69 11 $65 9 $50 6 $70 10 $64 15 $113 14 $144 9 $48 4 $24 9 $47 12 $73 11 $68 10 $66 15 $114 11 $105 10 $115 5 $17 7 $48 13 $143 13 $127 13 $113 9-10 6 $57 11 $62 14 $79 11 $61 12 $74 15 $98 7 $43 9 $42 11 $44 8 $32 10 $81 13 $80 11 $75 7 $74 10 $63 4 $21 8 $49 5 $21 14 $82 17 $133 8 $29 10-11 10 $76 12 $68 15 $69 8 $64 19 $91 15 $139 13 $113 14 $82 8 $41 8 $52 11 $63 10 $55 20 $153 18 $181 7 $33 7 $27 8 $78 8 $31 9 $71 18 $123 9 $98 ~_'2PM 23 $150 28 $201 29 $168 23 $152 29 $104 18 $159 12 $137 22 $109 13 $98 31 $195 19 $138 22 $210 19 $174 14 $144 12 $64 28 $179 14 $81 14 $98 10 $64 22 $178 11 $140 12-1 30 $212 25 $170 25 $158 29 $179 25 $180 18 $101 10 $118 33 $212 17 $81 24 $178 29 $195 2t $222 14 $93 12 $122 18 $90 2t $228 14 $103 21 $104 19 $124 17 $138 9 $97 1-2 23 $122 13 $107 12 $64 22 $141 21 $108 13 $118 9 $64 18 $68 8 $34 19 $113 22 $171 23 $228 20 $176 15 $126 21 $101 13 $68 19 $98 13 $57 18 $119 15 $97 8 $89 2-3 13 $108 7 $47 10 $98 17 $92 16 $99 6 $38 9 $119 7 $42 13 $27 13 $87 13 $72 14 $80 18 $126 8 $53 8 $31 10 $62 6 $26 8 $37 7 $49 8 $64 12 $101 3-4 7 $46 13 $89 10 $98 8 $51 9 $47 13 $81 7 $70 7 $38 4 $29 9 $53 9 $38 11 $75 15 $148 7 $99 10 $55 9 $82 9 $49 10 $80 9 $62 7 $58 15 $85 4-5 11 $53 6 $34 13 $70 14 $88 10 $ðO 7 $72 11 $108 8 $85 3 $25 8 $53 7 $51 5 $26 9 $43 13 $154 7 $68 9 $70 9 $83 9 $84 6 $72 9 $68 6 $92 5-6 9 $88 16 $87 15 $112 13 $68 17 $119 8 $95 10 $97 18 $126 9 $84 15 $125 7 $40 13 $123 8 $67 9 $108 13 $75 13 $79 18 $127 12 $64 15 $97 8 $71 18 $143 6-7 14 $102 11 $81 12 $82 19 $172 15 $210 9 $108 11 $132 15 $119 8 $47 12 $119 14 $119 14 $150 8 $69 8 $78 11 $108 9 $80 9 $98 8 $58 16 $114 10 $64 10 $140 7-8 12 $91 14 $135 13 $117 13 $111 12 $98 8 $60 8 $26 12 $119 7 $80 4 $28 10 $74 12 $91 8 $78 2 $21 10 $77 8 $62 12 $99 9 $63 19 $138 8 $59 14 $100 6-9 10 $93 9 $49 7 $91 11 $74 11 $84 6 $32 5 $26 6 $44 8 $81 17 $110 14 $98 20 $180 9 $112 1 $12 7 $88 7 $39 8 $74 7 $32 11 $72 4 $38 7 $55 9-10 4 $55 3 $11 2 $14 4 $21 8 $41 1 $4 4 $21 7 $44 1 $3 2 $17 13 $99 5 $58 1 $4 4 $13 1 $4 3 $18 3 $37 7 $61 7 $64 2 $22 10-11 PM 2 $6 TOTAL: 187 i1,37 182 a1,248 191 a1.34O 214 1.~ Z28 289 1381 $1,2711 188 1 90 , 1 827 181 1'1.498 138 $1.341 11 87 187 a1,119 144 IS1,QUI 144 ..87 181 1,3 1," 1381 14 11.34 MAX: 30 26 29 at 2t 91 181 33 17 31 291 2t 20 18 2 2t 19 21 19 22 18 - , 01 cars using drJye-1tYIJ <Utng Ihe hou" $ - Amou1I 01 money colecled a. drlye-Itr" ckxIna Ih8 hou"" arnounls rOU1ded to the ne....s. dolar tV ..... -- ~,,~.,--~~- ~~"~",~,,-,,~.,,.,,~ """~ A TT ACHMENT A Vicinity Map and Site Plan for Faimer Boys Diamond Bar Restaurant 1" ~ '.----n;r-.--'" '.. .. ~".... ..t IllY OF (, ':~-'~'11 - I ')", I. ...1' .' ',"h, I . f,.;:t~ . ',f 'i\ Darnell FIGURE 1 VICINITY MAP I & ASSOCIATES. INC. -fl)- ;i: (II ;;.' co ¡: n (;) , n , 1'1 0 « é\ (~ (;:J I:;) CI 't ,"9~ ---= ...... "'!'" ' # :¡ -~ .-" ... " . r- A-2 N % < J....t -J C::. C- ~L.ïJ 0= - en r..:... é z - œ ~ - g <= = CD ~ ~ -- -- c:o = ;.. d Q '. ATTACHMENT F ACOUSTICAL ANALYSIS, DATED APRIL 10, 2003 03/172 GORDON BRICKEN & ASSOCIATES ACOUSTICAL and ENERGY ENGINEERS April 10, 2003 U P D ATE D ------- ------- A C 0 U S TIC A L - - - - - - - - - - - - - - - - A N A L Y S I S - - - - - - - - - - - - - - - - FARMER ----- ----- BOY S - - - - - - - - RES TAU RAN T - - - - - - - - - - - - - - - - - - - - C I T Y - - - - - - 0 F T U S TIN - - - - - - - - Prepared for: Gordon Bricken President /mmb MR . KENNY DEWAN 6 Copper Hill Irvine, California 92640 1621 East Seventeenth Street, Suite K Phone (714) 835-0249 Santa Ana, California 92705-8518 FAX (714) 835-1957 1 ') 03/172 GORDON BRICKEN & ASSOCIATES ACOUSTICAL and ENERGY ENGINEERS SUMMARY ------- ------- The analysis has been completed to determine the noise exposure and the necessary mitigation measures for the proposed Farmer Boys Fast Food Restaurant project located at the northwest corner of First Street and Prospect Avenue in the City of Tustin. A comprehensive list of recommendations and requirements is given in the following summary. Details are discussed in the body of the report. A. NOISE IMPACTS The study examined the combined impacts of different noise sources including the car parking, rooftop equipment, and the speakerboard. Details are contained in the report. The analysis indicated that the project will meet the City's Noise Ordinance provided the assumptions and mitigations are as specified below. B. MITIGATION It is possible to meet the requirements of the City's Noise Ordinance. However, a number of factors needed in the analysis had to be assumed in order to determine the extent of the impact. The following measures incorporate the assumptions and the required mitigations that are needed based on those assumptions: All rooftop mechanical equipment shall have a sound rating equivalent to 8.5 Bels or less, or the equivalent sound pressure level of 65 dBA or less at ten feet. These ratings may be altered if it can be demonstrated that the combination of equipment does not yield a net condition with the other sources of noise in excess of the City's requirements. The final plans should be reviewed by the acoustical engineer. a. 1621 East Seventeenth Street, Suite K Phone (714) 835-0249 Santa Ana, California 92705-8518 FAX (714) 835-1957 2 03/172 b. The rooftop parapet or equivalent shielding shall be a minimum five feet high relative to the roof on the north and east side of the building. c. The speakerboard shall be equipped with a limiter such that the maximum output with any input level will not exceed 90 dBA at one meter (3.3 feet), or the equivalent for any other distance. d. A minimum six foot eight inch (6'8") high wall relative to the site grade shall be constructed along the north property line the full width of the project site. e. The Acoustical Engineer shall certify the final plans. 3 } 03/172 GORDON BRICKEN & ASSOCIATES ACOUSTICAL and ENERGY ENGINEERS 1.0 INTRODUCTION This report presents the results of a noise impact and design study of the proposed Farmer Boys Restaurant project located at the northwest corner of Prospect Avenue and First Street in the City of Tustin. A vicinity map showing the general location of the center is presented on Exhibit 1 -- Site Location Map. The site plan is shown on Exhibit 2. 2.0 AREA DESCRIPTION The surrounding land uses are as follows: North... . Three, single story, single family houses. There is a six foot wall on the south side the lots that is common to the development The photos shown on Exhibit 3 depict the relationship. of site. East... ..Prospect Avenue, across which is a commercial site. South... .First Street, across which are commercial uses. West.....A tire store abuts the west property line of the project site. The parcel that is primarily affected by the proposed operation is the residential lot directly opposite the proposed location of the drive-through lane of the project. The garage of this lot is shown on the right side of the lower photo on Exhibit 3. 1621 East Seventeenth Street, Suite K Phone (714)835-0249 Santa Ana, California 92705-8518 FAX (714) 835-1957 4 .. -~ ....- -_'_-_._-~'_---_._.._..._..._.._.".-.., -""-""---""--'-"--" .. '.' .. "-""""--.-------'---.-.----"'-.---------' ... --......... --""'-"""'-" . 03/172 3.0 APPLICABLE NOISE CRITERIA Any impact of the project would be primarily to the residential uses. The City's Noise Ordinance has specific noise limits. The required limits at the project's north boundary are given in Table 1. TABLE 1 NOISE ORDINANCE LIMITS FOR RESIDENTIAL PROPERTy(l) ALLOWED DURATION ALLOWED LIMIT EXTERIOR INTERIOR DAY NIGHT DAY NIGHT SYMBOL 30 minutes in hour 15 minutes in hour 5 minutes in hour 1 minute in hour Anytime in hour 55 60 65 70 75 50 55 60 65 70 55 60 65 45 50 55 L50 L25 La L2 Lmax (1 ) Day = 7:00 A.M. to 10:00 P.M. Night = 10:00 P.M. to 7:00 A.M. This Ordinance can also be represented by a graph. exterior portion is shown on Exhibit 4. The 4.0 PROJECT DESCRIPTION The project site plan is shown on Exhibit 2A and the Roof Plan on Exhibit 2B. The proposed project consists of the following features: A single building housing the operations of the fast food restaurant. No noise specification was provided for the mechanical systems. This building has two (2) HVAC units, four (4) exhaust fans and two refrigeration units. 1. 2. A parking area located on the west and north sides of the parcel. 3. A drive-through area located on the north and east sides of the building. The operation of the facility has cars entering the drive-through from the west along the driveway that runs along the north side of the site next to the residential lots. A speakerboard for ordering is located on the east side of the entrance to the pickup window. Each car proceeds to the 5 03/172 speakerboard, places an order, proceeds to the payment window, and then to the pickup window. Ordering time will be about one minute. However, during busy times, especially at breakfast time and lunchtime, there will be a queue. This will cause cars to idle in the line for a longer period of time. 5.0 EXISTING NOISE LEVELS One of the features of the Noise Ordinance is the ability to adjust sound limits if the existing ambient levels are higher. Measurements of the existing background ambient noise levels were performed on the site at the north residential property line on the project side of the common wall. Measurements were carried out for a 24 hour period with a Larson-Davis Model 700 Integrating Sound Level Meter set to record the parameters listed in the Noise Ordinance. The data printout is contained in Appendix 1. The existing hourly parameters are plotted on Exhibit 5. The Ordinance allows upward adjustments to the base noise limits if the measured ambient levels exceed the limits in the lowest noise hour. Exhibits 6 and 7 depict the ambient curve in comparison to the allowed limits curves. The ambient is seen to be less than the allowed limits with the exception of the maximum (Lmax) level. Inspection of the printout (contained in Appendix 1) indicates that the maximum levels were 73 to 88 dBA during the day, and 55 to 84 dBA at night. So, it is possible that the maximum level would frequently exceed 75 dBA in the day period and 70 dBA in the night period. However, the pattern is random and cannot be employed as a permanent design adjustment. Therefore, no adjustment to the limits of the Ordinance are contemplated 6.0 REFERENCE NOISE LEVELS No operating times were given, but the typical fast food restaurant will open at 6:00 A.M. and close at 1:00 A.M. Some operate 24 hours, but the assumption here is that this will not occur. There are basically three types of noise sources, the cars in the parking lot, the rooftop equipment, and the speakerboard. The client supplied data sheets on four different speakerboard systems. The sheets are contained in Appendix 2. Only one company, Panasonic, provided any sound level data. This system is specified with a human voice at 85 to 90 dBA Sound Pressure Level at 3.3 feet. These speakerboard levels were taken from measurements at other fast food locations. Speakerboard operations have been measured by this firm on a number of occasions. A sample of a typical sequence of events at a speakerboard as measured at 35 feet is shown on Exhibit 8. The 6 03/172 ordering portion of this operation (called PA) ranged from 52 to 62 dBA. The 62 dBA level at 35 feet would translate to 83 dBA at 3.3 feet which is on the low end of the range quoted for the Panasonic unit. For purposes of this study, the panasonic maximum level of 90 dBA at 3.3 feet will be used as the worst case for evaluation purposes. Inspection of Exhibit 8 indicates the various other contributing events related to the cars which occur at different levels for different durations. Note that there was essentially a continuous stream of cars in this example. The idling motors produced the minimum levels. The translation of this example into the terms of the Noise Ordinance is given in Table 2. TABLE 2 SAMPLE LEVELS AT 82 FEET FOR DRIVE-THROUGH PARAMETER LEVEL L50 L25 L8 L1 Lmax 47 49 51 53 58 Note that this example shows the maximum level to be set by a car and not the speakerboard which was 62 dBA. The panasonic unit would translate to 69 dBA at 35 feet, so it would set the maximum if replaced at the relevant unit. The rooftop equipment noise ratings have not been specified. For calculation purposes, the air conditioning units were assumed to be rated at 8.5 Bels with a 6 dBA increase for installation. This is equivalent to 73 dBA at ten feet per unit. The refrigeration equipment is also assumed to produce 73 dBA at ten feet. The exhaust fans were assumed to rate 12 Bels which converts to a level of 60 dBA at ten feet for each unit. All units are assumed to run 24 hours a day, even though, the building was assumed to be open to the public 19 hours. Continuous operation essentially means that the Lmax and LSD values are the same. While the various pieces of equipment will vary in distance from the property lines, the actual distances cannot be known without a roof plan. To simplify the calculation, all the units were assumed to be grouped at the point equal to the location of the north wall of the building. This means the total reference level is 79 dBA at ten feet. The final component of the operation is the parking and the driving along the north property line. The exact parking conditions are not known, so it was assumed that each parking space next to the north wall changed a maximum of twelve times in the 7 03/172 highest hour. The effective values in the Noise Ordinance terms are given in Table 3. The parking event includes arrival, door slams, car starting, car alarm arming, and talking. TABLE 3 PARKING SEQUENCE NOISE LEVELS FOR TWELVE CARS IN A SINGLE HOUR AT THREE FEET FROM THE CAR (1) PARAMETER LEVEL L50 L25 L8 L1 Lmax 40 52 65 76 84 (1 ) The levels are based on a measured sample of one car converted to twelve cars in an hour. Finally, there is the sound level fo~ cars moving along the north driveway at 40 feet from the north property line. The assumption is that the cars are operating at 15 miles per hour and there are 50 cars an hour in the worst hour. The calculations for the L50 noise level are contained in Appendix 3. The other levels are listed in Table 4. TABLE 4 DRIVEWAY NOISE LEVELS FOR 50 CARS IN A SINGLE HOUR AT 50 FEET FROM THE CARS(l) PARAMETER LEVEL L50 L25 La Ll Lmax 40 45 49 60 62 (1 ) The levels are based on 50 cars an hour. 7.0 EXTERIOR IMPACT OF THE PROJECT There are three distinct locations along the north property line that define the highest and lowest sound levels. One location is opposite the speakerboard. There will be the combined levels of the drive-through, the building mechanical equipment, and the cars moving in the driveway at this location. Another location is opposite the parking lot west of the building. There are cars arriving and leaving in the parking spaces along the 8 03/172 north property line and cars moving in the driveway south of those parking spaces. In between these two extremes, is a location where the parking occurs and there will be noise from the building's mechanical equipment. The speakerboard is located a nominal 82 feet from the north property line. The north edge of the building is 92 feet from the north property line. Cars in the driveway are 40 feet from the north property line. The existing six foot wall provides some noise reduction. The calculations, contained in Appendix 4, indicate that the wall provides eight dBA to the moving autos in the driveway, 15 dBA to the parked vehicles, seven dBA to the drive-through and zero dBA of reduction to the rooftop mechanical noise. The levels at the north property line are given in Tables 5, 6, and 7. TABLE 5 SAMPLE LEVELS AT NORTH PROPERTY LINE AT THE EAST END OF THE PROPOSED SITE OPPOSITE THE SPEAKERBOARD(l) SPEAKERBOARD HVAC DRIVEWAY PARAMETER LEVEL LEVEL . LEVEL TOTAL L50 47 62 28 62 L25 49 62 35 62 L8 51 62 38 62 Ll 53 62 49 62 Lmax 58 62 55 64 (1) a. Speakerboard is presumed to be located 82 feet from north property line and based on a continuous stream of cars. Driveway was 50 cars and hour moving at 15 mph at 40 feet. HVAC consists of two air conditioners rated at 8.5 Bels, two refrigeration unit rated at 73 dBA at 10 feet, and four fans rated at 12 Sones each. All units are assumed at 92 feet from the north property line and mounted on the roof. No rooftop shielding has been assumed and a 24 hour operation is assumed. Property line noise reduction of wall is included. b. c. d. 9 -- .~----_._-_._---.__.--_._-.-'-'-"'-~ - - -_....-_N_-____-----".._.----- _. .--..-.. -. .--.-------....----..---.---...---.------.....---........_......._...0_- -.-. (1) (1 ) 03/172 TABLE 6 SAMPLE LEVELS AT NORTH PROPERTY LINE AT WEST END OF THE PROPOSED SITE OPPOSITE THE PARKING AREA (1) PARKING DRIVEWAY PARAMETER LEVEL LEVEL TOTAL L50 17 28 29 L25 29 35 36 L8 42 38 43 L1 53 49 54 Lmax 61 55 62 a. The driveway has 50 cars in an hour, moving at 15 mph and is 40 feet from the north property line. The parking is 12 changes of parking per space in an hour. The property line noise reduction of wall is included. b. c. TABLE 7 SAMPLE LEVELS AT NORTH PROPERTY LINE AT MIDDLE OF THE PROPOSED SITE (1) PARKING HVAC DRIVEWAY PARAMETER LEVEL LEVEL LEVEL TOTAL L50 17 62 28 62 L25 29 62 35 62 L8 42 62 38 62 L1 53 62 49 63 Lmax 61 62 55 65 a. Driveway has 50 cars an hour and moving at 15 mph. at a distance of 40 feet. HVAC consists of two air conditioners rated at 8.5 Bels, two refrigeration units rated at 73 dBA at 10 feet, and four fans rated at 12 Sones each. All units are assumed at 92 feet from north property line and mounted on the roof. No rooftop shielding has been assumed and 24 hour operation is assumed. Parking is 12 changes of parking per space in an hour. Property line noise reduction of the wall is included. b. c. d. 10 - -- --------'-----------------'----------.-----.--.--------------------------- 7.0 (1 ) 03/J.72 ANALYSIS OF IMPACT Tables 8, 9, and 10 compare the results of Tables 5, 6, and 7 to the City's Noise Ordinance. TABLE 8 SAMPLE LEVELS AT NORTH PROPERTY LINE AT EAST END OF THE PROPOSED SITE OPPOSITE THE SPEAKERBOARD( ) COMPARED TO CITY NOISE ORDINANCE 1 LIMITS DIFFERENCE PARAMETER TOTAL DAY NIGHT DAY NIGHT L50 62 55 50 + 7 +12 L25 62 60 55 + 2 + 7 L8 63 65 60 - 2 + 3 Ll 62 70 65 - 8 - 3 Lmax 64 75 70 -11 - 6 a. Speakerboard is presumed to be located 82 feet from the north property line and based on a continuous stream of cars. Driveway is assumed 50 cars an hour and moving at 15 mph at 40 feet. The HVAC consists of two air conditioners rated at 8.5 Bels, two refrigeration unit rated at 73 dBA at 10 feet, and four fans rated at 12 Sones each. All units are assumed at 92 feet from north property line and mounted on the roof. No rooftop shielding has been assumed and a 24 hour operation is assumed. The noise reduction of the property line wall is included. Minus means project is less than allowed. Plus means the project exceeds the allowed limit. b. c. d. e 11 , (1 ) (1 ) 03/172 TABLE 9 SAMPLE LEVELS AT NORTH PROPERTY LINE AT THE WEST END OF THE PROPOSED SITE OPPOSITE THE PARKING AREA COMPARED TO CITY NOISE ORDINANCE (1) LIMITS DIFFERENCE PARAMETER TOTAL DAY NIGHT DAY NIGHT L50 29 55 50 -26 -21 L25 36 60 55 -24 -19 L 8 43 65 60 -23 -17 L 1 54 70 65 -16 -11 Lmax 62 75 70 -13 - 8 a. The driveway is assumed 50 cars an hour, moving at 15 mph at a distance of 40 feet. Parking is 12 changes per space in an hour. The noise reduction of the property line wall is included. Minus means project is less than allowed. plus means the project exceeds the allowed limit. b. c. d. TABLE 10 SAMPLE LEVELS AT NORTH PROPERTY LINE AT THE MIDDLE OF THE PROPOSED SITE COMPARED TO CITY NOISE ORDINANCE(l) LIMITS DIFFERENCE PARAMETER TOTAL DAY NIGHT DAY NIGHT L50 62 55 50 + 7 +12 L25 62 60 55 + 2 + 7 L8 62 65 60 - 3 + 2 L1 63 70 65 - 7 - 2 Lmax 65 75 70 -10 - 5 a. The driveway is assumed 50 cars an hour, moving at 15 mph at a distance of 40 feet. HVAC consists of two air conditioners rated at 8.5 Bels, two refrigeration units rated at 73 dBA at 10 feet, and four fans rated at 12 Sones each. All units are assumed at 92 feet from the north property line and mounted on the roof. No rooftop shielding has been assumed and a 24 hour operation is assumed. Parking is 12 changes per space in an hour. The noise reduction of the property line six foot wall is included. Minus means project is less than allowed. Plus means the project exceeds the allowed limit. b. c. d. e. 12 "-....."".--..--------.---..,,---,,..-----.--------.-------.---.-... -",'----'----"---------------""----'.-'-" -.---" 03/172 The drive-through, by itself, is in compliance with the Ordinance. However, at the east end, it is the HVAC equipment that sets the terms of compliance which would require an added 12 dBA of noise reduction. At the west end, the project is under the limits. In the area in between, it is again the HVAC system that determines the terms of compliance where an additional 12 dBA of noise reduction is required. 8.0 MITIGATION ANALYSIS The initial consideration is adding some noise reduction to the rooftop equipment. This can be done by the following: Reduce the design noise level by 12 dBA for the air conditioners and refrigeration equipment. This would require a level of 7.3 Bels. Such a level may be too low for the type of equipment typically intended for this application. 1. Reduce the number of units. If this were reduced to one air conditioner and one refrigeration unit, the level would be reduced only two dBA. Thus, this approach will not provide nearly enough noise reduction. 2. 3. Move the rooftop equipment farther away from the north side of the building. This is considered impractical now that the roof plan has been produced. 4. Install a sound shield. The calculations, contained in Appendix 5, indicate that a barrier five feet high will provide 13 dBA of noise reduction. The use of a shield has the most significant effect. 13 dBA would be adequate providing that the noise level of the equipment remains at the specified levels. The The only remaining problem is to reduce the levels from the cars by two (2) dBA. The calculations, contained in Appendix 4, were carried out for wall heights from 6.0 feet to 7.0 and for setbacks of five to 25 feet from in wall in the nearest rear yard. The changes in levels are given in Table 11 on the following page. 13 -"---""""'-"-----------' ... ..-....--.---....-----.-.----.------"- -.--..-.----...---..--..--.--...-..........--.......-...-.-...-...--..-...-....-.. ........,._... 03/172 TABLE 11 DIFFERENCE IN NOISE REDUCTION FOR WALL HEIGHTS FROM 6.0 FEET TO 7.0 FEET RELATIVE TO SIX FEET HEIGHT DIFFERENCE 6.0 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 7.0 0.0 0.3 0.5 0.8 1.1 1.3 1.5 1.8 2.1 2.3 2.6 The City prefers to limit the height of a wall to six feet eight inches, or 6.67 feet. Tables 5, 6, and 7 have been revised to reflect the mitigated levels shown in Tables 12, 13, and 14. Tables 8, 9, and 10 have been revised to reflect the mitigated levels shown in Tables 15, 16, and 17. TABLE 12 SAMPLE LEVELS AT NORTH PROPERTY LINE AT THE EAST END OF THE PROPOSED SITE OPPOSITE THE SPEAKERBOARD WITH MITIGATION(l) SPEAKERBOARD HVAC DRIVEWAY PARAMETER LEVEL LEVEL LEVEL TOTAL L50 45 49 26 50 L25 47 49 33 51 L 8 49 49 36 52 L 1 51 49 47 53 Lmax 56 49 53 55 c. The speakerboard is presumed to be located 82 feet from the north property line and based on a continuous stream of cars. The driveway is assumed 50 cars an hour, moving at 15 mph at a distance of 40 feet. HVAC consists of two air conditioners rated at 8.5 Bels, two refrigeration units rated at 73 dBA at 10 feet, and four fans rated at 12 Sones each. All units are assumed at 92 feet from the north property line and mounted on the roof. Five foot rooftop shielding has been assumed and a 24 hour operation is assumed. The noise reduction of a six foot eight inch property line wall is included. (1 ) a. b d. 14 ...,----------------------------..------'-----------'--------.------..-- (1) (1) 03/172 TABLE 13 SAMPLE LEVELS AT NORTH PROPERTY LINE AT WEST END OF THE PROPOSED SITE OPPOSITE THE PARKING AREA WITH MITIGATION(l) PARKING DRIVEWAY PARAMETER LEVEL LEVEL TOTAL L50 15 26 28 L25 27 33 36 L 8 40 36 42 L 1 52 47 54 Lmax 49 53 60 a. The driveway has 50 cars an hour, moving at 15 mph. and is at 40 feet. Parking is 12 changes per space in an hour. The noise reduction of a six foot eight inch property line wall is included. b. c. TABLE 14 SAMPLE LEVELS AT NORTH PROPERTY LINE AT MIDDLE OF THE PROPOSED SITE WITH MITIGATION(l) PARKING HVAC DRIVEWAY PARAMETER LEVEL LEVEL LEVEL TOTAL L50 15 49 26 49 L25 27 49 33 49 L 8 40 49 36 50 L 1 51 49 47 54 Lmax 59 49 53 60 a The driveway is assumed 50 cars an hour, moving at 15 mph at a distance of 24 feet. HVAC consists of two air conditioners rated at 8.5 Bels, two refrigeration units rated at 73 dBA at 10 feet, and four fans rated at 12 Sones each. All units are assumed at 92 feet from the north property line and mounted on the roof. Five foot rooftop shielding has been assumed and a 24 hour operation is assumed. Parking is 12 changes per space in an hour. The noise reduction of a six foot eight inch property line wall is included. b. c. d. 15 ---------------------------------------------------,,------------, - -,--------------,._---_.-.. -... -. - . (1) (1) 03/172 TABLE 15 SAMPLE LEVELS AT NORTH PROPERTY LINE AT EAST END OF THE PROPOSED SITE OPPOSITE THE SPEAKERBOARD WITH MITIGATION COMPARED TO CITY'S NOISE ORDINANCE (1) LIMITS DIFFERENCE PARAMETER TOTAL DAY NIGHT DAY NIGHT L50 50 55 50 - 5 0 L25 51 60 55 - 9 - 4 L8 52 65 60 -13 - 8 Ll 53 70 65 -17 -12 Lmax 55 75 70 -20 -15 a. The speakerboard is presumed to be located 82 feet from the north property line and based on a continuous stream of cars. The driveway is assumed 50 cars an hour, moving at 15 mph at a distance of 40 feet. HVAC consists of two air conditioners rated at 8.5 Bels, two refrigeration units rated at 73 dBA at 10 feet, and four fans rated at 12 Sones each. All units are assumed at 92 feet from the north property line and mounted on the roof. Five foot roof top shielding has been assumed and a 24 hour operation is assumed. The noise reduction of a six foot eight inch property line wall is included. b c. d. TABLE 16 SAMPLE LEVELS AT NORTH PROPERTY LINE AT WEST END OF THE PROPOSED SITE OPPOSITE THE PARKING AREA COMPARED TO CITY NOISE ORDINANCE (1) LIMITS DIFFERENCE PARAMETER TOTAL DAY NIGHT DAY NIGHT L50 28 55 50 -27 -22 L25 36 60 55 -24 -19 L8 42 65 60 -23 -18 Ll 54 70 65 -16 -11 Lmax 60 75 70 -15 -10 a The driveway is assumed 50 cars an hour, moving at 15 mph at a distance of 40 feet. Parking is 12 changes per space in an hour. The noise reduction of a six foot eight inch property line wall is included. Minus means the project is less than allowed. b. c. d. 16 . ..-.----...---...-....---........-.-........--.-......--....---...-....----.,.-.-----...--...-- "",--.",..,.--,-"----,,.-----'----"'-'-""'" .. .........--..--....--..... '."""""-- (1 ) 9.0 03/172 TABLE 17 SAMPLE LEVELS AT NORTH PROPERTY LINE AT MIDDLE OF THE PROPOSED SITE COMPARED TO CITY NOISE ORDINANCE(l) LIMITS DIFFERENCE PARAMETER TOTAL DAY NIGHT DAY NIGHT L50 49 55 50 - 6 - 1 L25 49 60 55 -Ii - 6 L 8 50 65 60 -15 -10 L 1 54 70 65 -16 -11 Lmax 60 75 70 -15 -10 a. The speakerboard is presumed to be located 82 feet from the north property line and based on a continuous stream of cars. The driveway is assumed 50 cars an hour, moving at 15 mph at a distance of 40 feet. HVAC consists of two air conditioners rated at 8.5 Bels, two refrigeration unit rated at 73 dBA at 10 feet, and four fans rated at 12 Sones each. All units are assumed at 92 feet from the north property line and mounted on the roof. Five foot roof top shielding has been assumed and a 24 hour operation is assumed. The noise reduction of a six foot eight inch property line wall is included. Minus means the project is less than allowed. b c. d. e. MITIGATION It is possible to meet the requirements of the City's Noise Ordinance. However, a number of factors needed in the analysis had to be assumed in order to determine the extent of the impact. The following measures incorporate the assumptions and the required mitigations that are needed based on those assumptions: The rooftop mechanical equipment shall have a sound rating equivalent to 8.5 Bels or less, or the equivalent sound pressure level of 73 dBA or less at ten feet. Fans shall be rated at 12 Sones or less. These ratings may be altered if it can be demonstrated that the combination of equipment does not yield a net condition with the other sources of noise in excess of the City's requirements. Such an assessment should be reviewed by the acoustical engineer once the rooftop plans are available. a. b. The rooftop parapet or equivalent shielding shall be a minimum five feet high relative to the roof on the north and east side of the building. 17 - .-----.--.--.--.... .,---",,---,-,--------'-.-'--'."'-.'--'--'--'-""-'-......-..------......--.. .....---...-----.-.-....-----.."......-- 03/172 c. The speakerboard shall be equipped with a limiter such that the maximum output with any input level will not exceed 90 dBA at one meter (3.3 feet), or the equivalent for any other distance. d. A minimum six foot eight inch high wall relative to the site grade shall be constructed along the north property line the full width of the project site. e. The Acoustical Engineer shall certify the final plans. 18 ,EXHIBIT 1 SITE LOCATION MAP r E 0'.""'0 III0cio ..n 18 Ioe "C'A'S". I.. 6'oa' .. !II ".., se'.e'" by 1""'S<;II"o ,Ine,.u.", ""ØSClDC sJ! lite" r ..,~ 0." ')O~ ~ C ,In;.-' C'O S 1\ 177' J'06' ",-,'olO'e, L'fi .is DE T AI- 1~11l !llè 10"", '.;U '.n. o,i.",.., Ib I",eci IV'" I.C le"..i", , . . "'" to..on ..."~,,.I . tSÎfI"f", ~ .., .... 10' '" "," SI,II ~I" s..cc:ilic D~ l:~~~~~"isP, '::,\1,... "es,~... 'ale"" , ---. ...J '" z " cïi -... '" z (7 ìñ 0 on EXHIBIT 2A SITE MAP I I I .I : I I I} t "",Itø Use !"tcaj 10 N"IO C." SI]" Gc",,~us Þe:f"4 I."cls Ipc~' . 10 ,J'l\et se ee' ~gM I"OØ sound 'C!i.'ir se. 'J' " ; 1 :,.. '." I II) \/:>"'..... c,n,. II Clj II.i.e I"".. S"~"'" boa. ~'.e"'e "'" ',om . .."e.1! .. J 'f',gIPol. I ' . S' BlICk W.' prof~sell ...e~ S'Jv .". tit CO'I ""coec 10 C rlorrr. .111 I. SII" "" St",.. Drl'" '..e u",.) Co..., lc.. Ij"c~ W!11 U OJ E^9D~"'.l'h'" I E~"1 J,\íh:. "Si~1 l;fI1 P,oPC"" ,,1.. s~~ 1.'"11 CI cO~"tue:1 II 10 CO"""" "'ò'" " A uanaD.d I \ \ ,/I 3! / t ~~lt\- ç~: _t= ~Ü. JJ " , .:» 0 0. -..J ....... GI 0 -oJ ....... c.J "oJ G :>I .... :.J 0 .. ~ U1 a:> ~ tS' 01 0-' -..tJ '" ',., ..... \.11 .......' CS VI ~ " JJ AJ :I " AJ T (f) J: 0:1 .... ç) ~ r AJ T (f) -I JJ c: AJ JJ ::z -I (f) z =' IT1 ~ E 0 8 -..J -..J U1 01\) ~ c.J .(0 I\) (1) (II "U t> W. UJ - " I\) ~"t 1::fo' ç:~~ ~ ~ ~ 1'0 ., N (S) w (! <I 0... Q 0 0 :3 æ w Q Z :J ...J W :::.:: u H !XI : ,... I 0'1 "<t ...... ...... LO (S) ,... LO ,... ()"I v ()"I ,... (S) v ...... (Y) (S) (S) N '- ,... (S) '- v (S) 73',6" 0'1 , EXHIBIT 28 ROOFTOr PLAN 0'1 a ... . a AC.' CARRIER MODEL No. 48HJDOO5 AC.2 CARRIER MODEL No. 48HJDOO6 N \C 4i'K Gs"~ã~t6 ~Ú~.lf30 EF.2 GR~r.~1 HECK S Æ) EC-1 ARCTIC CIRCLE ED-630 ~ EF -1 GREEN HECK SW8.16 ~ EF.4 GREEN HECK GB- 09 0 ~ EXHIBIT 5 HOURLY SOUND LEVELS FOR 24 HOUR PERIOD AT NORTH END OF PROJECT SITE OPPOSITE SPEAKER LOCATION 100 95 90 85 80 75 70 65 60 ~ (I) 55 Q 50 45 40 35 30 25 20 15 10 12AM -+- LMAX -.- L2 --- La ----.- L2S -)E- LSD 6AM 12 PM HOUR 6PM -- - ...-..-----.-----... mmm.mm____..m--......_..'m__--.__._m.-mm______-_.__..m...-.-----..______m___-------------._.__.mmm__.m....-- - --... ( 0 0 ... .,. ..J 00 at eo I- - m - :I: >< W I I I I I - - - - - - - - - - 0 CO 0 .... 0 CD 0 10 0 .... ~ ~ E ~ E ........ (") - .... . - in ('I) ~ ..J c( () 0. > I- c w W 0. en z 0 - r- w .... w a: ...J c( .... <1( c( _0 < ::t 0 0 C 0 en ..J m Q 0 C') I 0 .... I 0 C') I I' 0 CO I I 0 0 CD 10 !D C ill I~ I ~ " ¡~f "I I : i ; I' I , I I I ¡ ¡ I : 'I' I' : ! ¡ ; ! I , I ¡ I ~ ~ : ~~ ~ ' ! I i : I , I ¡ I; I I,! ! ¡I . i' . I i ! I " ¡ - I I ; : I ; : I I I ¡ ¡ I II I; ! I I I i I ; :¡} :K ; i< I Ii ~ I! : I :}I !(f : I I ! I : II I! I , I I : .1 ; : I ! I ¡I , 'i i 'I , I, ; , ; I ¡I' ! I ! ¡ II : ; ! , - , i - ,I Ii ' ! , , I I 0 0 ~ t') i- / ~ .,- -",--'--"""'-"-"""""--'---""-""" . . ....-.....------.---.-.....--.. ""', -....-....--..----, -" --.....-----.....----- ----_.."--,,. .....-.---"-"" .. ~ EX~IB~T 8 . ~ DATE CHART SPEED SCALE LOCATION A TYPICAL AT 35' - - - - I I I I I I I I I 1- 100 7/15/02 .3mm L % 40 60 60 DB 70 80 918 80- ------- -------_._------_._--_-1~- -- - --_.----- --80 -------=---==-~~~~;;r.--~~~-~~~. -70 -- - -------- h- - '-'.--- ------- 70 80- :"'80 70- -70 60- DB 50- -60 DB -50 40- -40 30- -30 ""-.. ./ GORDON BRICKEN & ASSOCIATES ACOUSTICAL and ENERGY ENGINEERS A P PEN D I X 1 24 HOUR PRINTOUT '- 1621 East Seventeenth Street, Suite K Phone (714) 835-0249 Santa Ana, California 92705-8~ 18 FAX (714) 835-1957 . .. ...-.-..-...--.-..--.----.... .............. . - --.....-.. ..'--.'-.--.'-.'-.'-.-.--.-'--.....--'.' Dose proj SEL LVL Time Lmin Lmax Lpk OVLD RMS Ex Pk Ex R/S Memory L02 Loa L25 L50 DATA REPORT LARSON-DAVIS LABS MODEL 700 07/11/02 15:32:41 SN 700B2199 PAGE 1 0.9 0.3 114.7 65.3 0024:21.:54 40.5 121. 0 143.5 00 0001 0001 01 3238.0 68.5 63.5 59.5 56.0 SETUP DATA ********************************************************* Dètc FAST Wght A Pk Unwgt =0 Crit 90.0 Thld 32.0 Exch 3 LDL =0 RMS Thld Pk Thld Hyst 115.0 140.0 a Run date Stop date Run time 1 Stop time 1 Run time 2 Stop time 2 07/10 00/00 15:00 99:00 99:00 99:00 Excd =0 Intv =1 Time 00:15 Auto-Stop =0 Ln =1 .--.---.------..--.-----..-.--..-... .....-........... Hist =0, Save Pk =0 Per 60.0 Cal Ver 28.5 1.410 L02 = 69.5 L08 = 65.0 L25 = 60.5 L50 = 57.5 20 59.0 88.5 73.5 86.5 49.5 10 JUL 19:45:01 0:15 h:m 0 0 0 ..-=-.-----------____Ll> 2 = 66.0 L08 = 62.0 L25 = 59.5 L50 = 57.0 21. 61.. 5 91.. 0 81..5 92.5 50.5 1.0 JUL 20:00:01. 0:1.5 h:m 0 0 0 L02 = 70.5 L08 = 65.0 L25 = 60.5 L50 = 57.5 22 61..0 90.5 76.5 90.0 50.0 1.0 JUL 20:1.5:01. 0:1.5 h:m 0 0 0 L02 = 70.5 LOB = 64.5 L25 = 60.5 LSD = 57.5 23 58.0 87.5 71. 5 82.5 49.0 10 JUL 20:30:01 0:15 h:m 0 0 0 LO2 = 65.5 LO8 = 61.5 L25 = 58.0 L50 = 55.5 24 60.5 90.0 74.0 84.5 49.0 10 JUL 20:45:01 0:15 h:m 0 0 0 - ¡.O2 - 7n I) Tooa - ht:¡ n T.")t:¡ = t:¡q n Tot:¡n = t:¡t:¡ n . _._...__..- ." ....__.._..~'..-._-'--- ....." _..- ..... ... ..-. --_.... .-. .....--..-----..........-.----.----...--"'--'-"----""--'---,,-,,-""--'--"" ......- L02 = 54.5 Loa = 49.5 L25 = 47.0 L50 = 46.0 , 44 47.0 76.5 63.0 73.5 41.5 11 JUL 1:45:02 0:15 h:m 0 0 0 L02 = 54.0 Loa = 50.0 L25 = 45.5 L50 = 44.5 45 47.0 76.5 63.0 79.0 41.5 11 JUL 2:00:02 0:15 h:m 0 0 0 L02 = 54.0 Loa = 49.5 L25 = 46.5 L50 = 45.5 46 45.5 75.0 55.0 69.0 42.0 11 JUL 2:15:02 0:15 h:m 0 0 0 L02 = 51. 5 Loa = 47.0 L25 = 45.0 L50 = 44.5 47 46.0 75.5 62.0 73.5 40.5 11 JUL 2:30:02 0:15 h:m 0 0 0 L02 = 52.0 Loa = 49.0 L25 = 44.5 L50 = 44.0 48 44.0 73.5 55.0 6a.5 41.0 11 JUL 2:45:02 0:15 h:m 0 0 0 - L02 = 50.0 LO8 = 46.0 L25 = 44.0 L50 = 43.0 c_cc- --_c c_-----.----.-------.-------------------_c_c_-_cc_c__c---",--_c__ccc_cc_.--..---_c_--------.c.cc_---------_c---------- - _ccc_-------'--- L02 = 68.5 L08 = 64.5 L25 = 61. 0 L50 = 58.5 ' 68 60.5 90.0 79.5 97.5 51. 0 11 JUL 7:45:03 0:15 h:m 0 0 0 ~- -_.-.--- -. -. - ---_.._-___~.Q.2 - ..=._.6 £3 .,.0_-L.O..8_E-6A-_.o-L25-=-6 0 . 5 L5-Ð - ~8.0 69 60.5 90.0 76.5 86.5 51.. 0 II JUL 8:00:03 0:l5 h:m 0 0 0 L02 = 67.0 L08 = 64.0 L25 = 61. 0 L50 = 58.0 70 6l.5 91.. 0 76.0 87.5 49.5 II JUL 8:l5:03 0:l5 h:m 0 0 0 L02 = 71. 5 L08 = 64.5 L25 = 60.5 L50 = 57.5 7l 61..5 91.. 0 75.5 86.5 48.5 II JUL 8:30:03 0:l5 h:m 0 0 0 L02 = 70.5 L08 = 65.5 L25 = 61. 5 L50 = 58.0 72 60.0 89.5 76.0 89.5 49.5 11 JUL 8:45:03 0:15 h:m 0 0 0 -.. L02 = 67.5 L08 = 64.0 L25 = 59.5 L50 = 57.0 L02 = 66.0 L08 = 63.5 L25 = 60.5 L50 = 58.0 " 92 60.5 90.5 74.5 87.5 52.0 11 JUL 13:45:03 0:15 h:m 0 0 0 ,..--, L02 = 67.0 L08 = 64.0 L25 = 61. 0 L50 = 59.0 93 63.5 93.0 79.0 89.5 51. 5 11 JUL 14:00:03 0:15 h:m 0 0 0 L02 = 72.0 L08 = 67.5 L25 = 62.5 L50 = 59.0 94 63.0 93.0 76.0 85.5 52.0 11 JUL 14:15:04 0:15 h:m 0 0 0 LO2 = 70.5 LO8 = 69.0 L25 = 62.5 L50 = 59.5 95 60.5 90.0 74.0 84.5 53.0 11 JUL 14:30:04 0:15 h:m 0 0 0 L02 = 67.0 L08 = 64.0 L25 = 60.5 L50 = 58.5 96 61. 0 90.5 72.5 86.5 52.0 11 JUL 14:45:04 0:15 h:m 0 0 0 ---. L02 = 68.0 L08 = 64.5 L25 = 61. 5 L50 = 59.0 . .....--...----..-------..--.---.--....-----.-...--."----..------.... - - .--.---..--..-.-----..-..----.--.-.-'-..-----...-----------.-----. ..--..-...- GORDON BRICKEN & ASSOCIATES ACOUSTICAL and ENERGY ENGINEERS A P PEN D I X 2 SPEAKERBOARD SPECIFICATIONS '- 1621 East Seventeenth Street, Suite K Phone (714) 835-0249 Santa Ana, California 92705-8~ 18 FAX (714) 835-1957 .. ........__......... . . "'--'----""'-"""""----'-'-"""" ... .",""""'--"--""'-"""""""'-""--"--"--------"-'--"""" UHC Corporation 775 243 9268 p.4 FRCI'I : APPEL C~NV F'tiOtE tfJ. : 818 9Ø8 0547 Jt.N. 27 2ØB2 11: S9AM P3 f:'EB-28-2æ2 17: ee 1:Ið>.1I"\"""") .,..,... """ .-~~ C ....u'" "'.STEMS 847 468 4610 P.01/Bl ':':'.':" ,.:':,-:..-, .~, . ., ;' ;~':" " .:'~>"~~<' ~". Penasonic Infol'llation & CaaI!u1ications Coøøany I N T E R - 0 F Fie EM' E M 0 RAN 0 U M ---,. -== --- ---:--~::a_-""""----=.==-"'==::C====--~=-e=__.c::..-=--~==-..==.==--== ..S:j~?1~~"~:~_:..i :~:;" :-<:.,: :~. ,:.,~:~'~~' ':~"~:., .' :.:,<i'~i:';' I. TO~ FHœI: ent tsuz.. ~ Sl8..ECT : llui- SPl 0 1010 DAlE: Seøt8ber 08. 1996 011 I GOT AN ItEORIIATION fROII FACTORY AS StÐIIN BElOW. SPEAKER ~ 3. 3ft - , EQ I P8IENr I , ( SOUND LEVEl IETER ) , (1X-œ50) fÐÐSET (WX-C1027) £ÐtFT HOC q O/T I (0;:1020) (COM) IT I DfÐ 1. SPœa : IX-CSSO 2. DIS1AtŒ BEII&It SPEAKER AM) EaJIPIÐT (SOLWO LEVEL IETER) : 3. 3ft (1 IIlter) 3. lIlJØUt) VrtUE œHtROL ON ŒHTER IUU.E : lAX I U 4. CtIIII.WICATION 1I)l)E : DtFlE.X <MAX '" SlXJM) PRESSURE lEVEL> t HN 11£ lUlU SiGNAl <nfI» IS APPlIm m n£ fÐDSET IUCROAD£ MAXI'" saJf) PRESSIÆ LEVEl CIUIU AOOIO OOTPUT LEva.) IS.98 cSsPl- AT SPEAKER/IX-c5SO. 2. ItfN 1}f AVERAC£ tUIAN VOIŒ IS APPliED TO nt: tÐœ£r 1I1œ1PffJt£ MAXllUI StUÐ PRESSURE lEVEL (lIAXIO AUDIO OUTPUT lEVEL) IS -S1dBspl - 85cSsp'- AT SPEAKER/IX-C550. hDTE: 1. OlSTNŒ BE11EEH SPEAxER/IX-œo All) ErlJlPlENT IS 13ft (1l18ter). 2. EVEN IF Tf£ IX-C1010A IS seT TO .SIMPlEX.uF, MAXlilI SŒJM) PRESStÆ LEVEl IS 'J}E SAME AS DtA.EX QE DtE TO TJ£ P8FQfIWŒ Œ IX-i:S50. fÐIE'ÆR, 1}£ AVERA~ lOAN VOICE WILL ftCREASE AS SAlE AS tHAT Of 11-(510 SYSTEM. 3. HH TIE IX1:101OA IS IN -1X.fLEX IIJDE" AM) m: IXJIBOlN) IICRFASE SllTai IS SET 10 -ON"" POSITION. lUlU SUN) PÆSstÆ 1!VElIILl tGT DiAM£ sur 1Æ AVERAŒ KAlAN VOICE rill IlGEASE TO 5c8 ,(a1dJspl - 85c:Øsøl q 88cÐspl - 90dSspl). If YOO HAVE Nlr OtESTIONS. PWSE LET IE INCl. ! ?#N~~~ TOTAl. P.B1 FROM: APÆL C(tp~y . ". .. , . ....' DAC Corporation ??5 243 9268 PI-D-E NO. : 818 9E18 0547 Panaollie llllarlllation'nt."" COlllþ;lny Bul..... Ullit of ItIII.ulliila ElKtric C_'~ti... or A_I... Rot8il s,..,.. Di..ifion 1707 Nor1h Rilnetall Rd. E1-O. EIaIn.IL 80123.7120 '110M 1A1 ~&a.AIOO F.. 1'7 .~55 1II'WW._ic.çom/IO$ p.5 JUN. 27 2002 12:00PM P5 'ntagration Oppoltunitles Added velue is realiZed when the Panuonic Ullraø18x System intnces with sorulions IIOViding enhanced oø...atiolll nexlbillty. These Include . PanasoniC Drive- TllRI Automated Greeler . Drill,- Thill Timars . Gooseneck Micn:lphone . POSICCTV Quality Auutallce A 4- Yeer warranty on the Center Module alKl 3O.Manlh warranly 0111118 Older Talc., . leld !he industry in assuring reliable wi,.,." system çommunblionl. TIIesl round oUt Ih8 many benefits fOIl receive in your claar choice of wifeless systems. the Ultnlplex Wlrelen Communication SYlla", from Panasonic. Spllf!d III SIIfIIir.8.. NoI..R~... E",pJo~. E~y,'ProQllt:fivity ... Tr;jn;'IIJ... MfJrN/Øtin'J PlffotmiIIICI '" Panil8Orlic /JIt,~.. Co"""unlCilrioll SysMm ! EntMpriH Synergy SoIulioN from Panasonic represellt IN Irans.ctiona' 8/'Id Warm,lion m_gemenl resourl".es !hili help decision- m8kers lftNiynize pcoStability. This include. siandardl-blllsod color touc:llacraen hardware platforms and softw- solution, incorpar.ting the 8PPllc:8tlon experience of thousands of installations worldwide. The l'an!;e 01 Pal1llSonic soIuIIons inchldes XlJ)Ose. built P~S ha~,. and $OlIwa,.. drlve-!hru wireless communication. /lildlen prep.r.llorI. anet transaction security system ctl0iC8s. Contact your Panaaonlc representative today for your c:holce In pas and Wlr.'..s System solution.' Syst.... Components The lighlMight Ultrapl.. Hlldset it ftaxib/8 fat comfor1ab18 positioning and incorporales a dynamic søaakcrl mlCrQOhone With swivel extension COII3lruded for durability. Qullity SOUnd is mach, possible With electret conde"5et technology. The Ultrapre" Order Taker. one 01 Ihe smelle8t .nd lightest in the Indushy. Ia CUIIIfortable 10 weer srod us. for extended penod, of lime. . Munl-functiorl LED Indicators d.arly show staNs of many Junctions, Including power. tslk-Iock r.elure ac;tiyellon. self-Iesl modes. and channal.A. or "a" dUOlI-Iane oporation. . Audible and visible low "liety indir..tors aIen wearer 10 battery recharging needs. . Easy eccess nylorl anø velcro" di)-on case and ono-butlOn baltery 8Kt allow far Quick battery Change. Wilh Ihe variable )OW8r draw and &le8p mode of Ih8 order laker. Ultrap'tx IMttltr!" Ire designed tvr up \0 15 hours 01 Gallery oporalion per Cl\arge. . s..tte" SIII.1t Ch.,.r. with charger lima of 5 hours or I.,s. provides II) 10 1,000 cha.-gu per bat!ely. . Four-Port or Slngl..Port Ch.ICr. wilt! bu¡¡l.;n conditioner slot for extended battery lire. can be mounted Oil a wall for søace slIvlngs. -.-.-- ---.--.---.. APPEL COMPANY 'II"C Ir S.le Tec....Ie" 11".1 ¡~n Vi" Nuys <111) 71~-7111 Cost. "ISi (11~) 104-7300 www.appelcu.panY'CO8 ULTRAI'\.EXCUT 10401/2011 .""'-"~..---tr__.._-- ....._c.........----- --"-"_"'_01". -""-- ===:"d::".==-' ., -- c- eer...- .. ........ """---""'u.s.4. UHl; l;Or"por"ation ??5 243 9268 2137472912 p.? p.3 DRIVE THRU TECH ~un 2? 02 10:22a " ,', ' SYSTEM 400 with the, Wireless LIN('M Wireless Drive-Thru Audio ~,.,.:".,'." '" , . , "',~" " , .;. ,~:" ,~ . ,.1r 1 ,': , ."7.,1' " . , , .. ,!~. ':';:~ . ,-~~: ',' , , : """: ',:' "",",;:""':' . ,. , . , - " Wireless t,Ncœ Highlights .':. ':,' . .. : .', . (oat,.1 Buloas are on the Belt-pae-Iot on the Nead- for More Convenient _d (omforta"" Operation . lightest Headset without Clltle OØered to the OSR MarIœt . Ultra-Light Belt PIes with Newly Patented, High-Tem luttons . Compatib" wit. bistiRg SysteM 400 Imrmmr HM ELECTRONICS.INe. Cut the cord. And keep the controls where they belong The WÍlcless LINe'" (Lightweight 'nlc::nm:d Network COMMUNICATOR") is II lIuroible, c:\tlelcss Ileaåsc/ :IIul Communic:uor" belt-pac combinalion, 80th lighlweight compotIClIIs work IOgether as a full.duplex r.Jdio ul1i, 10 provide ,in\ulmn..uus \WQ-\Y:JY conunllllÌt":lIion wi." drivc-thru cus/on1l:1'S or oilIer crew mel11bers. HME keeps the controls ",here Cbey sbnuld he on tbe Commul1icaCor8 belt-pac ..for optimuln operator convenience and comfort, Test ..e~lIlb show Ihal driv:-Ihru eml)loyces can beller operale Ihe control bullons when they ¡In: localed on the bell-P3C rather Ihan on rbe Mad. Excess fatiguc and IOlen/illl arm su-ain are more prevalent wben a pelson !nust mise lIte :Irm above shoulder , level numerouos times 10 rJ:ach the controls 011 the head, Weighing mert.ly four ounces. the Wire~~ LINC'" Headsel is lilt: Iigb/t'.S/ hendscr wi/hnur I:ölhlc ¡vailable ill Ihe QSR markt:{ tocl:!y, The sarI foam cushion over lhe car makes lhe tleadsel col11lonuble 10 wear fur long periods of linlt:, Funhcnnore, the ødjusloble. Slainless ~Ieel slide On the Headsel pI'Ovides a snug fit on any user's head. ....------.-,-..----...--------.. ....... ...._- . -.....,--.----......-..--...."'.,-..,--...---...........---'..'.---.-.,...-...-...-...,.-....-.. . DAC Jun 27 02 10:35a DRIVE THRU TECH Corporation 775 243 9268 2137472912 .. ~; . Self-contained headset intercom is the smallest available on the market today, Weighing approximately four ounces, it's easy and comfortable for your employees to wear. . Rotating wedge ear cushion is infinitely adjustable to any ear shape. . Headset is mare evenly balanced for comfort. jv~:., p.9 ProducUvily . Hands-free operation lets your employees do multiple tasks. - Self-contained design allows quick chang9-()ut between employees-there 81'8 no belts to adjust or wires to hook up. . Dual-lane support helps you adjust staffing needs. a?cording to store volume, -State-of-the-art re«:hargeable battery technology providE'.s consistent usage . time-battery memory effect won't. decrease usable operating :time. \~ i I'd rf tBl.," ~. ~ "'(1 ~./ :)~ 4 ) ~~.. f1 M., ~:.: ~ . :~I'.: ".. --"J. Durability . Sealed membrane switch~ help keep dirt and grease out, so you'll have fewer service calls. - . Microphone grille is cleanable-allowing you to maintain optimized sound quality, '. . . ' . . Aexible microphone boom will,b,eoo, buHs ,": :,..' , '.:' designed to resist breaking" " " .".: .' " , ., ' . . Hardened ståinless steelþaddèd head'... : . . wdn'~ó~RJSi. . '. . '2!~;}~':::::'§:4i:;::-;<;'~':t_-f.-~~:.r>u~__¿" ." 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Ughtweight lithium-ion battery provides up And we've made It easy for you to upgrade ,to ten hours of power. your system-it's completely compatible with . Bi-color LED IrÎdlcêttor lets you know it's our existing.3M" Wireless Intercom Systems, on and what mode. it's in, models C960, C8BO and C760. . No FCC license required. . Noise can~ing microphone won't let most restaurant sounds filter through to your customers. :,', " H ~.._-_._.._.'.._----_.._.- ...-.........__,,"H""""---""-"""'-""'---'--'" ..." ........ ... ----,..............,..........---. .......--...-,...---.... GORDON BRICKEN & ASSOCIATES ACOUSTICAL and ENERGY ENGINEERS A P PEN D I X 3 DRIVEWAY L50 CALCULATIONS -- 1621 East Seventeenth Street, Suite K Phone (714) 835-0249 Santa Ana, California 92705.8~18 FAX (714) 835-1957 . ..,'-"_.~-'-_._--'--"""""'--'--" ..-..-....... . ....... GORDON BRICKEN & ASSOCIATES ACOUSTICAL and ENERGY ENGINEERS A P PEN D I X 4 WALL CALCULATIONS '- 1621 East Seventeenth Street, Suite K Phone (714)835-0249 Santa Ana, California 92705-8~ 18 FAX (714) 835-1957 .. ------------------- --- ---.----------------------------------------- -------------------------------..-.------------.- -----.. - BARRIER NOISE REDUCTION ANALYSIS,WALL HEIGHT VARIABLE ------------------------------------------------------ REFERENCE VEHICLE LEVELS AT 50 FEET ----------------------------------- SOURCE.......= 60 PROJECT.. ....FARMER BOYS DESCRIPTION..PARKING SOURCE HEIGHT..... ..... 0 SOURCE ELEVATION... .... 0 RECEIVER ELEVATION..... 0 BARRIER ELEVATION...... 0 RECEIVER HEIGHT........ 5 DISTANCE TO SOURCE..... 3 DISTANCE TO RECEIVER... 5 NOI SE LEVEL... . . . . . . . .. 75. 9 WALL HEIGHT 6.00 FN 6.10 FN 6.20 'FN 6.30 FN 6.40 FN 6.50 FN 6.60 FN 6.70 FN 6.80 FN 6.90 FN 7.00 FN 61.24 2.3726 61. 07 2.4827 60.91 2.5950 60.75 2.7094 60.59 2.8258 60.44 2.9443 60.30 3.0649 60.15 3.1873 60.01 3.3117 59.87 3.4380 59.74 3.5662 TNL TIL 61.24 14.68 61.07 14.85 60.91 15.01 60.75 15.17 60.59 15.32 60.44 15.47 60.30 15.62 60.15 15.77 60.01 15.91 59.87 16.04 59.74 16.18 ~------_.__.~._---_._._.- -------------_._._-_.__._._~_._---------_.._-------------------------.- - .--'--------,------ -..----.--------------------.-.-. BARRIER NOISE REDUCTION ANALYSIS,WALL HEIGHT VARIABLE ------------------------------------------------------ REFERENCE VEHICLE LEVELS AT 50 FEET ----------------------------------- SOURCE.......= 60 PROJECT......FARMER BOYS DESCRIPTION..PARKING SOURCE HEIGHT.. ... ..... 0 SOURCE ELEVATION... .... 0 RECEIVER ELEVATION..... 0 BARRIER ELEVATION.. .... 0 RECEIVER HEIGHT........ 5 DISTANCE TO SOURCE..... 3 DISTANCE TO RECEIVER... 10 NOISE LEVEL.. .... ...... 71.7 WALL HEIGHT 6.00 FN 6.10 FN 6.20 FN 6.30 FN 6.40 FN 6.50 FN 6.60 FN 6.70 FN 6.80 FN 6.90 FN 7.00 FN 56.37 2.8289 56.25 2.9289 56.12 3.0302 56.00 3.1327 55.88 3.2365 55.76 3.3415 55.65 3.4477 55.53 3.5552 55.42 3.6638 55.31 3.7736 55.21 3.8845 TNL TIL 56.37 15.33 56.25 15.45 56.12 15.58 56.00 15.70 55.88 15.82 55.76 15.94 55.65 16.06 55.53 16.17 55.42 16.28 55.31 16.39 55.21 16.49 --- ---- ---~,-",,---'--'--'-------"'-"-'-'-"'------" .--... . ..--~_._.-.__.__._._------_..._.._..-._........_._._.._.._........ ...... ....-.-.... \ \ BARRIER NOISE REDUCTION ANALYSIS,WALL HEIGHT VARIABLE ------------------------------------------------------ REFERENCE VEHICLE LEVELS AT 50 FEET ----------------------------------- SOURCE.... ...= 60 PROJECT......FARMER BOYS DESCRIPTION..PARKING SOURCE HEIGHT... ....... 0 SOURCE ELEVATION....... 0 RECEIVER ELEVATION..... 0 BARRIER ELEVATION...... 0 RECEIVER HEIGHT........ 5 DISTANCE TO SOURCE..... 3 DISTANCE TO RECEIVER... 20 NOISE LEVEL... ......... 66.7 WALL HEIGHT 6.00 FN 6.10 FN 6.20 FN 6.30 FN 6.40 FN 6.50 FN 6.60 FN 6.70 FN 6.80 FN 6.90 FN 7.00 FN 50.97 3.1951 50.86 3.2899 50.76 3.3855 50.65 3.4819 50.55 3.5790 50.45 3.6769 50.35 3.7755 50.26 3.8749 50.17 3.9750 50.07 4.0758 49.98 4.1773 TNL TIL 50.97 15.77 50.86 15.88 50.76 15.99 50.65 16.09 50.55 16.19 50.45 16.29 50.35 16.39 50.26 16.49 50.17 16.58 50.07 16.67 49.98 16.76 ----..-----------------------..-------.. -.------..---.---......-.-------"'----'- - -.-" ...._.._~----_..__._.__.._-_._---..._.._..__._-_._._.._--... - --..--.. , , BARRIER NOISE REDUCTION ANALYSIS,WALL HEIGHT VARIABLE ------------------------------------------------------ REFERENCE VEHICLE LEVELS AT 50 FEET ----------------------------------- SOURCE. ......= 62 PROJECT. .... . FARMER BOYS DESCRIPTION. .SPEAKERBOARD SOURCE HEIGHT.. ... ..... 3 SOURCE ELEVATION....... 0 RECEIVER ELEVATION..... 0 BARRIER ELEVATION...... 0 RECEIVER HEIGHT... ..... 5 DISTANCE TO SOURCE..... 40 DISTANCE TO RECEIVER... 5 NOISE LEVEL....... ..... 62.9 WALL HEIGHT 6.00 FN 6.10 FN 6.20 FN 6.30 FN 6.40 FN 6.50 FN 6.60 FN 6.70 FN 6.80 FN 6.90 FN 7.00 FN 55.79 0.1667 55.56 0.1948 55.32 0.2250 55.07 0.2574 54.82 0.2918 54.56 0.3282 54.30 0.3666 54.04 0.4070 53.78 0.4493 53.52 0.4936 53.27 0.5398 TNL TIL 55.79 7.13 55.56 7.35 55.32 7.59 55.07 7.84 54.82 8.10 54.56 8.36 54.30 8.62 54.04 8.88 53.78 9.13 53.52 9.39 53.27 9.65 ----_........._~-_._...,,_..._..__._.... .-. -.--.... -...........-....""---"""""" --.......--... ......---.---- ---....----------.--------.... --...--.......-. --""""'-"----"-""'" ..-......... \ , BARRIER NOISE REDUCTION ANALYSIS,WALL HEIGHT VARIABLE ------------------------------------------------------ REFERENCE VEHICLE LEVELS AT 50 FEET ----------------------------------- SOURCE.......= 62 PROJECT. .... . FARMER BOYS DESCRIPTION..SPEAKERBOARD SOURCE HEIGHT..... ..... 3 SOURCE ELEVATION....... 0 RECEIVER ELEVATION..... 0 BARRIER ELEVATION. ..... 0 RECEIVER HEIGHT........ 5 DISTANCE TO SOURCE..... 40 DISTANCE TO RECEIVER... 15 NOISE LEVEL............ 61.2 WALL HEIGHT 6.00 FN 6.10 FN 6.20 FN 6.30 FN 6.40 FN 6.50 FN 6.60 FN 6.70 FN 6.80 FN 6.90 FN 7.00 FN 54.51 0.1089 54.40 0.1235 54.27 0.1390 54.14 0.1553 54.00 0.1726 53.85 0.1908 53.70 0.2099 53.54 0.2299 53.38 0.2508 53.22 0.2726 53.05 0.2953 TNL TIL 54.51 6.66 54.40 6.78 54.27 6.90 54.14 7.03 54.00 7.18 53.85 7.32 53.70 7.48 53.54 7.63 53.38 7.79 53.22 7.96 53.05 8.12 ".""._---_._----_."",._---,--_.,,..""-. "'--"-'-'--"'"'---'-.-------"-'-'-'--'--.""' -,,_.--._._-.----"",,- . ."----'-'-'-----.- "0_.'.. ""..-- H \ \ BARRIER NOISE REDUCTION ANALYSIS,WALL HEIGHT VARIABLE ------------------------------------------------------ REFERENCE VEHICLE LEVELS AT 50 FEET ----------------------------------- SOURCE.......= 62 PROJECT..... . FARMER BOYS DESCRIPTION. .SPEAKERBOARD SOURCE HEIGHT.. ........ 3 SOURCE ELEVATION... .... 0 RECEIVER ELEVATION. .... 0 BARRIER ELEVATION...... 0 RECEIVER HEIGHT. ....... 5 DISTANCE TO SOURCE..... 40 DISTANCE TO RECEIVER... 25 NOISE LEVEL.... ........ 59.7 WALL HEIGHT 6.00 FN 6.10 FN 6.20 FN 6.30 FN 6.40 FN 6.50 FN 6.60 FN 6.70 FN 6.80 FN 6.90 FN 7.00 FN 53.12 0.1012 53.03 0.1129 52.93 0.1254 52.82 0.1384 52.71 0.1521 52.60 0.1665 52.47 0.1815 52.35 0.1972 52.22 0.2135 52.09 0.2304 51.95 0.2480 TNL TIL 53.12 6.60 53.03 6.69 52.93 6.79 52.82 6.90 52.71 7.01 52.60 7.13 52.47 7.25 52.35 7.37 52.22 7.50 52.09 7.64 51.95 7.77 ...-.-.---.----------...--..--.----..------.----------'----.--------------.--.---......---.....-------...--..-.---.----" \ " <. BARRIER NOISE REDUCTION ANALYSIS,WALL HEIGHT VARIABLE ------------------------------------------------------ REFERENCE VEHICLE LEVELS AT 50 FEET ----------------------------------- SOURCE.. .....= 68 PROJECT..... . FARMER BOYS DESCRIPTION. . DRIVEWAY AUTOS SOURCE HEIGHT... ....... 0 SOURCE ELEVATION....... 0 RECEIVER ELEVATION..... 0 BARRIER ELEVATION...... 0 RECEIVER HEIGHT........ 5 DISTANCE TO SOURCE..... 24 DISTANCE TO RECEIVER... 10 NOISE LEVEL.... ........ 71.3 WALL HEIGHT 6.00 FN 6.10 FN 6.20 FN 6.30 FN 6.40 FN 6.50 FN 6.60 FN 6.70 FN 6.80 FN 6.90 FN 7.00 FN 62.38 0.4223 62.17 0.4571 61. 96 0.4934 61.75 0.5309 61. 55 0.5699 61. 34 0.6102 61.14 0.6518 60.94 0.6947 60.75 0.7390 60.56 0.7846 60.37 0.8316 TNL TIL 62.38 8.97 62.17 9.18 61.96 9.39 61.75 9.60 61.55 9.80 61. 34 10.01 61.14 10.21 60.94 10.41 60.75 10.60 60.56 10.79 60.37 10.98 -""-"'--.'-----'--- - --..-"-..--......-..-..-,.------------"..,,.--.--.----..,.---.--.-..-------'.'--'- -- ---...--------.------.-...- , ) <. BARRIER NOISE REDUCTION ANALYSIS/WALL HEIGHT VARIABLE ------------------------------------------------------ REFERENCE VEHICLE LEVELS AT 50 FEET ----------------------------------- SOURCE.. .....= 68 PROJECT......FARMER BOYS DESCRIPTION. . DRIVEWAY AUTOS SOURCE HEIGHT... ....... 0 SOURCE ELEVATION....... 0 RECEIVER ELEVATION..... 0 BARRIER ELEVATION...... 0 RECEIVER HEIGHT. .... ... 5 DISTANCE TO SOURCE..... 24 DISTANCE TO RECEIVER... 20 NOISE LEVEL.. .......... 69.1 WALL HEIGHT 6.00 FN 6.10 FN 6.20 FN 6.30 FN 6.40 FN 6.50 FN 6.60 FN 6.70 FN 6.80 FN 6.90 FN 7.00 FN 59.80 0.4797 59.63 0.5094 59.46 0.5399 59.30 0.5713 59.14 0.6036 58.97 0.6368 58.81 0.6708 58.65 0.7057 58.50 0.7415 58.34 0.7781 58.19 0.8156 TNL TIL 59.80 9.31 59.63 9.48 59.46 9.65 59.30 9.81 59.14 9.97 58.97 10.14 58.81 10.30 58.65 10.46 58.50 10.61 58.34 10.77 58.19 10.92 " ' ( GORDON BRICKEN & ASSOCIATES ACOUSTICAL and ENERGY ENGINEERS A P PEN D I X 5 BVAC SHIELDING CALCULATIONS '- 1621 East Seventeenth Street, Suite K Phone (714) 835-0249 Santa Ana, California 92705-8518 FAX (714) 835-1957 ' ~ -------------------------~_._._._.._--- - -----_...--------_.~------------------~------------- ----.----..--------------.-------. . , \. BARRIER NOISE REDUCTION ANALYSIS/WALL HEIGHT VARIABLE '. ---------------------------------~-------------------- REFERENCE VEHICLE LEVELS AT 50 FEET ----------------------------------- SOURCE.. .....= 62 PROJECT.. ... . FARMER BOYS DESCRIPTION. .HVAC WITH SHIELDS SOURCE HEIGHT... ... .... 2 SOURCE ELEVATION....... 15 RECEIVER ELEVATION..... 0 BARRIER ELEVATION...... 15 RECEIVER HEIGHT........ 5 DISTANCE TO SOURCE. .... 5 DISTANCE TO RECEIVER... 77 NOISE LEVEL..... ....... 57.7 WALL HEIGHT 0.00 FN 1. 00 FN 2.00 FN 3.00 0' FN 4.00 FN 5.00 FN 6.00 FN 7.00 FN 8.00 FN 57.70 0.0000 57.70 0.0000 51. 76 0.0559 49.44 0.3149 46.96 0.7735 44.92 1. 4042 43.34 2.1735 42.10 3.0509 41.09 4.0115 TNL TIL 57.70 0.00 57.70 0.00 51.76 5.94 49.44 8.26 46.96 10.75 44.92 12.78 43.34 14.36 42.10 15.60 41.09 16.61 ..-........---.---...---....-....,-......... . "'."""""'-'-"""""""""--""--"---'------"""-........,.......-...'" , \ \ { BARRIER NOISE REDUCTION ANALYSIS,WALL HEIGHT VARIABLE ------------------------------------------------------ REFERENCE VEHICLE LEVELS AT 50 FEET ----------------------------------- SOURCE.. .....= 62 PROJECT..... . FARMER BOYS DESCRIPTION..HVAC WITH SHIELDS SOURCÈ HEIGHT.... ......2 SOURCE ELEVATION....... 15 RECEIVER ELEVATION..... 0 BARRIER ELEVATION...... 15 RECEIVER HEIGHT.. ...... 5 DISTANCE TO SOURCE..... 5 DISTANCE TO RECEIVER... 87 NOISE LEVEL... ... ...... 56.7 WALL HEIGHT 0.00 FN 1. 00 FN 2.00 FN 3.00 FN 4.00 FN 5.00 FN 6.00 FN 7.00 FN 8.00 FN 56.70 0.0000 56.70 0.0000 50.95 0.0442 48.65 0.2852 46.17 0.7245 44.10 1. 3345 42.50 2.0819 41. 24 2.9360 40.22 3.8723 TNL TIL 56.70 0.00 56.70 0.00 50.95 5.76 48.65 8.05 46.17 10.54 44.10 12.60 42.50 14.20 41.24 15.46 40.22 16.48 _"M___"_M______-------------------""-----'"'--"'-"---.---.-.----"-'" "'" "-",,----,----,-------,--_-"--0---"-"- --- -- , c. ( BARRIER NOISE REDUCTION ANALYSIS/WALL HEIGHT VARIABLE ------------------------------------------------------ REFERENCE VEHICLE LEVELS AT 50 FEET ----------------------------------- SOURCE.. .....= 62 PROJECT..... . FARMER BOYS DESCRIPTION..HVAC WITH SHIELDS SOURCE HEIGHT.... ...... 2 SOURCE ELEVATION....... 15 RECEIVER ELEVATION..... 0 BARRIER ELEVATION...... 15 RECEIVER HEIGHT........ 5 DISTANCE TO SOURCE..... 5 DISTANCE TO RECEIVER... 97 NOISE LEVEL............ 55.8 WALL HEIGHT 0.00 FN 1. 00 FN 2.00 FN 3.00 FN 4.00 FN 5.00 FN 6.00 FN 7.00' FN 8.00 FN 55.81 0.0000 55.81 0.0000 50.19 0.0359 47.93 0.2625 45.44 0.6862 43.35 1. 2797 41.73 2.0095 40.46 2.8449 39.43 3.7615 TNL TIL 55.81 0.00 55.81 0.00 50.19 5.62 47.93 7.88 45.44 10.37 43.35 12.45 41.73 14.08 40.46 15.35 39.43 16.38 ATTACHMENT G WIELAND ASSOCIATES PEER REVIEW, DATED NOVEMBER 16,2004 () ~ ~ r-. rfJ (l) ~ ~ .~ () 0 rfJ rfJ ~ ~ § ~ (l) ~ . November 16,2004 Project File 639-04 Mr. Matt West City of Tustin 300 Centennial Way Tustin, CA 92780 RECEIVED Nay 1 7 2004 COMMUNITY DEVELOPMEN1 Subject: Peer Review of Acoustical Study for the Farmer Boys Drive- Through Lane Reference: "Updated Acoustical Analysis, Farmer Boys Restaurant, City of Tustin"; Gordon Bricken & Associates; April 10, 2004. Dear Mr. West: As requested, we have reviewed the referenced report for compliance with generally recognized procedures and with the City's noise ordinance standards. The following provides our comments: 1. In section 3.0, the report doesn't consider the portion of Section 4614(a) of the City's noise ordinance, which states, "In the event the alleged offensive noise consists of. . . speech. . . each of the above levels shall be reduced by five (5) dB(A)". This needs to be considered when assessing the impact of the drive-through lane. 2. The analysis ofthe speaker board in Appendix 4 seems to indicate a distance of 40 feet between the speaker board and the wall on the northern property line, but Table 5 indicates that the distance is 82 feet. 3. The analysis of the speaker board in Appendix 4 appears to use a noise level of 62.9 at a distance of 45 feet. This is 4.4 dB less than the source level of 90 dB(A) at 3.3 feet identified in the report on page 7. 4. In Table 5, under "Speakerboard level", the Lmax of 58 dB(A) is for vehicles in the drive-through lane. However, as indicated on page 7, the actual Lmax should be 62 dB(A), the level generated by the speaker board. 5. In Table 5, Note "d" indicates that the noise reduction provided by the property line wall has been included in the values shown in the table. However, this does not appear to be the case for the speaker board levels. 6. In Table 8, when assessing the impact of the project, the City's 5 dB correction for speech needs to be considered for at least the Lmax level, and possibly for some of the other levels as well. 1 ". Wieland Associates, Inc. Acoustical Consultants 23276 South Pointe Drive Suite 114 Laguna Hills, CA 92653 Tel: 949/829-6722 Fax: 949/829-6670 www.wielandassoc.coID CITY OF TUSTIN Project File 639-04 As indicated above, there appear to be a few inconsistencies in the analysis of the speaker board noise levels. (Note that we have not considered the other noise sources at the restaurant.) However, the net effect of the inconsistencies appears to be higher speaker board noise levels than are actually expected to occur. In other words, the analysis appears to have overestimated the noise levels that will be generated by the drive- through. Since the report concludes that the impact ofthe drive-through is not significant based on overestimated noise levels, it must be assumed that Mr. Bricken's conclusion is all the more valid based on this review. Thank you for this opportunity to provide you with acoustical consulting services. If you have any questions, please feel free to contact us at 949/829-6722. Sincerely, -- David L. Wieland Principal Consultant . u ~ ~ r"\ r:J'J. Q.) -+--ì ~ .~ U 0 r:J'J. r:J'J. < '1j ~ ~ ~ Q.) ~ 2 ATTACHMENTH LETTER FROM KENNY DEWAN, DATED NOVEMBER 11, 2004 Farmer Boys Tustin 17842 Irvine Blvd, Suite # 220, Tustin, CA 92780 Tel # (714) 730-1885 Fax # (714) 730-4795 November 11th, 2004. To, Matt West Associate Planner City Of Tustin. Subject: Complete Application with all requested Information and corrections for Condition Use Permit # 04-026. Dear Matt, We are re-submitting our applications for a Conditional Use Pennit # 04-026. As requested by you in your latter dated Oct, 21, 2004, we have added and corrected all infonnation, exhibits and materials identified by you. We have responded to each of your points with (*) and «J in your letter. (1.1): Noise Study: In the Noise Study dated April, 10,2003 (submitted earlier to you) conducted by Gordon Bricken & Associates, they make the following analysis and recommendations, based on the fact that this project will have a Drive Thru Lane: Noise Impact: The Proposed Project (Restaurant - Farmer Boys Tustin, with a Drive Thru Lane) will meet the city's Noise Ordinance Level, with the following Recommendations Recommendations: 1) All Rooftop Mechanical equipment shall have a sound rating equivalent to 8".5 Bels or less, or the equivalent sound pressure level of 65 dba or less. 2) The rooftop parapet or equivalent shielding shall be a minimum five feet high relative the roof on the north and east side of the building. 3) The Spakerboard shall be equipped with a limiter such that the maximum output with an any input level will not exceed 90 dba at one meter (3.3 feet) or the equivalent for any other distance. 4) A Minimum six foot eight inch (6.8") high wall relative to the site grade shall be constructed along the north property line the full width of the project site. 5) The Acoustical Engineer shall certify the final plans. Important: It is very important that we understand that these recommendations were made on the assumption that this project will have a Drive Thru Lane. The recommendations were very costly to undertake. To build the wall alone it cost us $ 28,500. To accommodate the rooftop equipment, we had to alter the design and re-do the engineering drawings and finally to procure the expensive roof-top equipment, this cost us over $ 14,000. On August, 26, 2003, Gordon Bricken & Associates submitted a report that all recommendations were met and the project did meet all city Noise Ordnance Levels. A copy of this report was submitted to the Planning Department. Once again, I must point out that we installed the expensive equipment and build the 7 foot wall which together cost us $ 42,500, even though at that stage we were not putting a Drive Thru lane. Currently, for a Drive Thru Lane, this project meets the city's Noise Ordinance. It is not necessary for us to wait for another acoustical review. (1.2): We are submitting the same site plan (with the same Drive Thru Lane) which was submitted on May 2, 2003, which was reviewed and accepted by staff. We have changed the parking spaces to 30 and the seats to 90. (1.3): We have provided you with details and a North elevation which shows the type and size of trees we are proposing for shielding both light and sound from the Menu Board and the pick-up window. 0.4): We are going to install a VIDEO Confonnation display system, which will reduce the amount of amplified communication by about 70 %. This system has been installed and satisfied other cities request to help reduce the noise. Weare spending $ 8400 for this Video system and once again are committed to creating a good environment for our neighbors. I have attached for you a copy of a letter and literature on this Video system by Delphi Systems. (1.5): We have changed the site plan and the north elevation. We have shown the proposed new Trees (size and Species identified on the site plan) installed between the drive-thru lane / pick-up window and Menu board and the parking. There is no canopy. These new trees will screen the pick-up window completely and are intention is that these trees will reduce noise impacts. (1.6): Property address has been corrected on the plans. 0.7): We have already discussed about the condition of change of ownership, which you said the staff can remove and leave the condition for any change in operation. QJ1: The details requested by Engineering for signs, are on the site plan submitted. Matt, we have provided you with all corrections and changes requested. I will request the City staffto set us a CUP hearing on December 13th, 2004. Our Business has been loosing money and will continue to loose money everyday. Every day makes us a difference. We have been good citizens for the community of Tustin and supported twelve different local charity events and organizations (List already provided to you). We have created new jobs in Tustin and are contributing to the Tax base for the city of Tustin. All employees at Farmer Boys join me to thank you and the city staff for your feedback and support. We look forward, to staff s recommendation and the hearing date set on December 13th, 2004. With regards, I ,~- Kenny Dewan for Farmer Boys Tustin ATTACHMENT I LETTER FROM KENNY DEWAN, DATED DECEMBER 6, 2004 ~2~05/2004 15:13 7147301545 FFR INC PAGE 02 Farmer Boys Tustin 17842 Irvine Blvd, Suite # 220, Tustin, CA 92780 _Tel # (714) 730-1885 Fax # (714) 730-4795 December 6th, 2004. To, ELIZABETH A. BIN SACK Community Development Director City Of Tustin. Subject: CUP (04-026) Hearing on December 13th, 2004 for Farmer Boys Tustin Dear Elizabeth, Thank you for meeting with me today regarding the up-coming CUP hearing for Fanner Boys Tustin, on December 13th, 2004. Some very important issu\t~ that I would liklo' to r~quest you to address both i11 written and during discussion for the benefit of the planning commission on December 13th, 2004, are; . 1. Fanner Boys Tustin as a business has consistently been loosing money every month since it opened in March 2004. 2. If this business cannot construct a drive-through lane, it will have no choice but close for business. 3. Fanner Boys Corporate has refused to help financially. 4. In the opinion of Restaurant consultants, at this site, no restaurant can be profitable without a Drive-Through Lane. 5. The Proposed Drive Thrl1 Lane will meet the city's Noise Ordinance Level. 6. The applicant (Kenny Dewan) would request the plann1ne; commi"ssion to make a Final decision on December 13th, 2004. ~L!06/2004 16:13 7147301545 FFR INC PAGE 03 The applicant is willing to offer the following compromises. if given approval to construct a Drive-Through lane: 1. Install a VIDEO Confonnation display system in the Drive-Through Menu-Board, which will reduce the noise by 70 %. 2. Install new Trees (up to 5 feet in Height) between the drive-thru menu board and Parking and install s~me trees between the pick-up window and the parking. These new trees will screen the pick-up window comp1ete1y Rnd will reduce noise 3. Close Early during Late Night Hours, Current approved Hours are : Current Aooroved Hours: Sunday - Thursday Priday & SaturdCiY New Compromise Hours: Sunday - Thursday Friday & Saturday : 6.am to 10 pm : 6 am to 12 am : 6.am. to 9 pm :6amto 11 pm 4. Allow Entrance for Drive Through - ONL Y nom First Street Entrance. Drive Through customers will not be allowed to enter from. Prospect Ave. 5. Final Compromise wiJI be - to CLOSE the Patio Dining area completely. I want to thank you for your support and guidance in this matter. It is crucial for this business to have this drive through lane and have a final decision on December 13t\ 2004. With regards, -tz~~ for Farmer Boys Tustin 1~/06/2004 16:13 7147301545 FFR INC PAGE 01 ./"' ,.....-- Farmer Boys Tustin 17842 Irvine Blvd, Suhe # 220, Tustin, CA 92780 Tel # (714) 730-1885 Fax # (714) 730-4795 ~ tr..- '- ' "' -.."," r'w, ".\n''LWU_~'I-'""i'I'- UiiIII"( '1"'000'" , .. - '.. .. , --"'......,/ "r 7tJ : ~ hI ~4 PI/i -rH :t: rv.5 A t::.i-( -'-' ~ Ú7Y ?J? 7#J-r/w. ¡;,. )( #=; ~ {71!!J S7~- 3'//3, ¡:;~: ¿=- 1/ /f//VÝ /6W/M! /l .If .~ -(?~ 17,2- tf7tJo ~ . r~Æ~ . ~ 3 {þv~~~~ ~ ATTACHMENT J RESOLUTION NO. 3940 ---- -----------------"----"---"---------------"-----------------" -" ----"---"------"--"------"---------------"-----"""--"----"""-""""------"-----"" I. RESOLUTION NO. 3940 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, DENYING CONDITIONAL USE PERMIT 04- 026, AND REAFFIRMING DENIAL OF CONDITIONAL USE PERMIT 02-018, A REQUEST TO CONSTRUCT A DRIVE- THROUGH LANE IN CONJUNCTION WITH AN EXISTING 2,983 SQUARE FOOT FAST-FOOD RESTAURANT AT 171 E. FIRST STREET. The Planning Commission hereby finds and determines as follows: A. That a proper application, Conditional Use Permit 04-026, was filed by Kenny Dewan, requesting authorization to construct a drive-through lane in conjunction with an existing 2,983 square foot fast-food restaurant at 171 E. First Street. B. That the proposed project would require approval of a conditional use permit by the Planning Commission pursuant to Section III(D)(1)(2)(g) of the First Street Specific Plan. C. That the Planning Commission previously considered Conditional Use Permit 02-018 and Design Review 02-018 on June 9, 2003, authorizing the construction of a 2,983 square foot restaurant, with outdoor dining area, and denying the drive-thru lane at 171 E. First Street. D. That the Planning Commission considered this item on December 13, 2004. E. That this project is Categorically Exempt (Class 1) pursuant to Section 15301 of the Califomia Environmental Quality Act. F. That the drive-through lane will be detrimental to the health, safety, morals, comfort, and general welfare of the persons residing in the neighborhood in that: a) That, as proposed, while the drive-through lane would comply with the Tustin Noise Ordinance, the drive-through lane would still be located close to the residences to the north, and the noise and activity from the speaker board and pick-up window would be noticeable and disruptive to persons residing in the area and be detrimental to their health, comfort, and general welfare; b) The potential traffic conflicts at the entrance to the drive-through lane cannot be entirely eliminated; and, Resolution No. 3940 CUP 04-026 Page 2 c) The drive-through lane may not accommodate other types of fast food restaurants that typically generate higher amounts of traffic and queuing, and the applicant requested that he not be required to provide an estimate and post a bond to ensure removal of the drive-through lane in the event the Farmer Boys use ceases and another drive-through user cannot be accommodated on-site. II. The Planning Commission hereby denies Conditional Use Permit 04-026, and reaffirming denial of Conditional Use Permit 02-018, a request to construct a drive-through lane in conjunction with an existing 2,983 square foot fast-food restaurant at 171 E. First Street. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 13th day of December, 2004. John Nielson Chairperson ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA) COUNTY OF ORANGE) CITY OF TUSTIN ) I, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 3940"" was duly passed and ado~ted at a regular meeting of the Tustin Planning Commission, held on the 13t day of December, 2004. ELIZABETH A. BINSACK Planning Commission Secretary -""""--------------------------------------------------------------------------- - - ...---..----------.------,,---""----------