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HomeMy WebLinkAbout03 Taqueria Hoy PC Report DocuSign Envekope U.488CC918-3B3F-43D9-8AO4-9DECB21AF6A5 t AGENDA REPORT ITEM #3 MEETING DATE: FEBRUARY 9, 2021 TO: PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CONDITIONAL USE PERMIT 2020-0009 & DESIGN REVIEW 2020-0008 APPLICANT: CHRISTIAN DE ANDA 1029 E. 4T" STREET SANTA ANA, CA 92701 PROPERTY OWNER: CHRISTIAN DE ANDA 1029 E. 4T" STREET SANTA ANA, CA 92701 LOCATION: 14232 NEWPORT AVENUE GENERAL PLAN: COMMUNITY COMMERCIAL ZONING: COMMERCIAL GENERAL (CG) REQUEST: A REQUEST TO CONSTRUCT AND OPERATE A 1,390 SQUARE FOOT RESTAURANT (TAQUERIA HOY) WITH A DRIVE-THRU FACILITY AND OUTDOOR SEATING. ENVIRONMENTAL: THIS PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO SECTION 15303 (CLASS 3) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). DocuSign Envelope U.488CC918-3B3F-43D9-8A04-9DECB21AF6A5 PC Report February 9, 2021 CUP 2020-00091DR 2020-0008 Page 2 RECOMMENDATION: That the Planning Commission adopt Resolution No. 4419 approving Conditional Use Permit (CUP) 2020-0009, authorizing the establishment of a drive-thru facility and associated drive-thru signage, and Design Review (DR) 2020-0008, approving the site planning and design proposed for a new 1,390 square foot restaurant (Taqueria Hoy) and associated outdoor seating located at 14232 Newport Avenue. APPROVAL AUTHORITY: The project site is within the Commercial General (CG) Zoning District. Pursuant to Tustin City Code (TCC) Sections 9232b.13 and 9235c.1, a restaurant use is permitted by-right, however, a proposed drive-thru facility operating as an ancillary use to a restaurant requires the approval of a CUP by the Planning Commission. Pursuant to TCC Sections 9272 and 9277, DR approval is required for new structures and outdoor restaurant seating areas. TCC Section 9291 authorizes the Planning Commission to make determinations on application requests for CUPS. TCC Section 9272 authorizes the Community Development Director to consider the DR application; however, since the proposal includes an entitlement application that requires Planning Commission approval, DR 2020-0008 is being forwarded to the Planning Commission for concurrent consideration for site layout and building design. BACKGROUND: Location and Surrounding Properties The property at 14232 Newport Avenue is located at the northeasterly corner of Newport Avenue and Mitchell Avenue and is bounded by Newport Avenue to the northwest, Mitchell Avenue to the southwest, single family residential properties to the southeast, and commercial property to the northeast (Figure 1). DocuSign.Envefope PD.488CC918-3B3F-43D9-8A04-9DE0B21 AFSA5 PC Report February 9, 2021 CUP 2020-00091DR 2020-0008 Page 3 �.. Project Site 14232 Newport ; Avenue Ar Ilk 40 P� .Awe , .1�!'•�'��' AU Figure 1 Previous Use of Property The property at 14232 Newport Avenue is developed with a 1,054 square foot restaurant and drive-thru facility which is currently vacant. The existing building was constructed in 1971 as a restaurant, and the drive-thru facility was added in 1982 with the approval of Use Permit 82-21. The drive-thru and site design were modified in 1986. In 2013, the De Anda family submitted an application to redevelop the property and in 2015, the Planning Commission adopted Resolution No.4295, approving CUP 2015-18 and DR 2015-16,which authorized the construction and operation of an 1,800 square foot restaurant with a drive- thru facility, outdoor seating, and associated drive-thru signage. However, the De Anda family put the project on hold, and the approved entitlement expired on July 26, 2017. The current application also proposes to demolish the existing building to accommodate the proposed restaurant and drive-thru facility. DISCUSSION: The applicant, Christian De Anda, proposes to establish a fourth family-owned drive-thru restaurant, Taqueria Hoy, at 14232 Newport Avenue. The De Anda family established its first family-owned restaurant in 1980. At the time of this application, the De Anda family Docusign Envelope U.488CC918-3B3F-43Q9-8A04-9QEOB2IAF6A5 PC Report February 9, 2021 CUP 2020-00091DR 2020-0008 Page 4 operates three (3) other drive-thru restaurants in Orange County, located in the cities of Santa Ana, Orange, and Anaheim. The three (3) existing restaurant locations provide 24- hour drive-thru service. The applicant proposes to provide indoor dining and ancillary outdoor seating. The applicant has requested indoor dining hours until 3:40 a.m. and the applicant has requested that the outdoor seating and the drive-thru lane operate 24 hours. As with all the other restaurants owned by the De Anda family, no alcoholic beverage service is proposed. The project site is located directly adjacent to the rear yards of 4 (four) single-family residences located on Raleigh Place. In order to minimize potential noise impacts and disturbances to adjacent residents, staff recommends the following hours of operation, which limit the operating hours for the drive-thru and outdoor seating to no later than 11:00 p.m.: Taqueria Hoy Daily Operating Hours Requested by Applicant Staff Recommendation Indoor dining area: 3 a.m. 24 hours Outdoor seating: 24 hours 7:00 a.m. to 11:00 p.m. Drive-thru lane: 24 hours 7:00 a.m. to 11:00 p.m. Staff recommends that indoor dining be allowed to operate 24 hours which would provide the business the flexibility of serving customers with indoor dining service or take-out without limitations on operating hours. Site Plan and Architecture The project site is approximately 17,424 square feet (.40 acre) and located at the corner of Newport Avenue and Mitchell Avenue (Figure 2). The proposed building is designed with a main entrance facing the parking lot and a drive-thru lane that wraps around the building in a U-shaped pattern, which parallels Newport Avenue and Mitchell Avenue and continues along the property line adjacent to the rear yards of single-family homes located on Raleigh P lace. DocuSign Envelope U.488CC918-3B3F-43D9-8A04-9DE0621AF6A5 PC Report February 9, 2021 CUP 2020-OOO91DR 2020-0008 Page 5 IF ... ... � ... aw I . IZ el es - . P - .j LU LLI rr 1: U 2 _ F r P 'r F P' P + fes, ,t r NEWPORT AVE. PROPOSED SITE PLAN „ter.. #,� iY * *7 Figure 2 The design of the proposed 1,390 square foot building is consistent with the architectural design, materials, finishes, and massing of other commercial buildings in the vicinity of the site (see elevations below). The proposed building is thirty (30)feet and two (2) inches high and features smooth exterior stucco wall finishes, an ornamental yellow canvas awning, a cantilevered awning and decorative brick band base at the primary entrance elevation, and clear glass fenestration with black mullions. The proposed roofs of the building consist of two (2) roof types, which include a red mission tile sloped roof with partially exposed trusses at the highest elevation, and flat rooflines on the other building elevations- The proposed building color palette of white, warm yellow, beige, brown, green and yellow is compatible with the colors of the buildings along the Newport Avenue commercial corridor. The primary building elevations facing Newport Avenue and the parking area are well-articulated and embellished, while the secondary elevations facing Mitchell Avenue and the rear yards of the adjacent residential properties are simpler in design in that they are less visible from Newport Avenue. A new trash enclosure with a solid decorative wall and self-closing and self-latching gates will be installed for the restaurant and placed at the rear corner of the parking lot. The trash enclosure will be screened from view with trees and is located near the block wall, adjacent to the residential properties. The project will also be conditioned (Condition No. 2.14) to repair the portion of the existing wall located at the southeast side of the property and the height of the wall must be and is six (6) feet, eight (8) inches. A decorative three (3) foot low wall with adjacent landscaping will border the proposed drive- thru lane. DocuSign Envelope ID.488CC918-3B3F-43D9-8A04-9DE0B21 AFSA5 PC Report February 9, 2021 CUP 2020-00091DR 2020-0008 Page 6 The proposed landscaping plant material includes plant species seen prominently throughout the Newport Avenue commercial corridor. The landscaping is primarily proposed along the perimeter of the site and includes three (3)tree species, various shrubs, groundcover, and vines. The landscaping and irrigation will be reviewed and required to comply with the City's Water Efficient Landscape Ordinance at the time of plan check review. Site and building lighting would be incorporated throughout the site, around the perimeter of the property, as well as in the parking lot and around the drive-thru lane. A total of sixteen (16) light fixtures will be installed, consisting of six (6) different types of lights which will illuminate the site and face downward to direct the light rays within the site (See Attachment E). SIGNAGE t, •r- SIGNAGE a NORTH ELEVATION Docusign Envebope 0.488CC918-3B3F-43D9-8A04-9DE0821AFSA5 PC Report February 9, 2021 CUP 2020-00091DR 2020-0008 Page 7 P MITCHELL ST. (SOUTH) ELEVATION •+r'1 1 1 i � 1 EAST F.I.EVATION' Elevations Right of Way Dedication The project site is located adjacent to Newport Avenue which has been identified for future widening by the Tustin General Plan Circulation Element. The Circulation Element classifies Newport Avenue as a major arterial, which requires a sixty (60) foot-wide right- of-way from centerline, for ultimate right-of-way width. Newport Avenue is currently improved with a fifty (50) foot-wide right-of-way from centerline. Pursuant to TCC Section 9271x, the proposed project and on-site improvements trigger a right-of-way dedication as part of the project proposal. Accordingly, a ten (10) foot dedication is required along Newport Avenue. Although widening Newport Avenue to its ultimate right-of-way width is planned, there is no funding currently secured for the street widening construction, and it is not certain when Docu5ign Envelope U.488CC918-3B3F-43Q9-8A04-9QEOB2IAFSA5 PC Report February 9, 2021 CUP 2020-00091DR 2020-0008 Page 8 construction would actually commence. Therefore, a condition of approval is proposed for the project which would allow the applicant to continue to utilize the future dedication area until the City is ready to widen the street. The condition of approval describes an irrevocable offer of dedication in fee title of an additional ten (1 a) feet of street right-of-way along Newport Avenue, including the corner cut-off at the northeasterly corner of Newport Avenue and Mitchell Avenue. At the time the City proceeds with the street widening project at Newport Avenue, the applicant will be required to dedicate the additional right-of-way as conditioned, and remove any improvements within the dedication area. Improvements proposed within the area include landscaping, irrigation, and a curb drain. Parking and Circulation The proposed site plan incorporates adequate parking and meets current parking requirements. Pursuant to TCC Section 9263g, a total of fourteen (14) parking spaces are required for the proposed 1,394 square foot restaurant building at a required ratio of one (1) parking space per 199 square feet of gross floor area. A total of fourteen (14) parking spaces are proposed, including one (1) van-accessible parking space located near the entrance of the restaurant. Ingress and egress into the site will be provided by a single driveway located on Newport Avenue (see Figure 2 and Attachment C). The location of the combined entrance and exit driveway is designed to facilitate internal circulation and to maximize the on-site queuing distance in order to avoid drive-thru lane overflow onto Newport Avenue. The proposed 171- foot drive-thru stacking distance is designed to accommodate approximately nine (9) vehicles which satisfies the minimum seven (7) vehicle stacking distance required by the TCC for drive-thru restaurants. The allowed vehicle turning movements at the proposed driveway will be "right turn in" and "left turn out" and "right turn out." Pursuant to Condition of Approval No. 4.1, during peak hours of operation, the applicant may position an employee at the menu board with a wireless microphone and headset to take orders from vehicles in the drive-thru lane. However, employees will not be allowed to take orders from any vehicle that is not in the drive-thru lane. Drive-Thru Signage To facilitate efficient customer service in the drive-thru lane, a menu/speaker-order board will be placed five(5)car lengths in advance of the drive-thru lane pick-up window. Condition of Approval No. 2.9 would allow the Community Development Director to review and approve future drive-thru signage modifications for the subject restaurant in order to accommodate future modification requests resulting from technological advancements and changing business needs such as a brand change. ❑ocu5ign Envelope U.488CC918-3B3F-43Q9-SA04-9QEOB2IAFSA5 PC Report February 9, 2021 CUP 2020-00091DR 2020-0008 Page 9 Outdoor Seating A 150 square foot ancillary outdoor seating area is proposed and will accommodate up to three (3) tables and ten (10) seats, located adjacent to the restaurant's main entrance along Newport Avenue. A three (3)foot tall wall is proposed adjacent to the seating area to provide separation from the drive-thru lane. The City's outdoor seating guidelines specify that the City should consider adjacent sensitive uses such as public schools, residential neighborhoods, churches, and hospitals when outdoor seating is proposed. Given the small, ancillary nature of the proposed outdoor seating and the recommended 11:00 p.m. curfew, consistent with the standards contained in TCC 9277e(4) for the use of the outdoor seating at the proposed restaurant, there are no foreseen impacts to the neighboring properties. Noise All activities are required to comply with the City's Noise Ordinance. The proposed conditions of approval specify that the menu/speaker-order board shall be equipped with a volume limiter/adjuster so that it will not exceed the City's Noise Ordinance which limits noise to fifty-five (55) decibels during the day and fifty (50) decibels during the evening at the adjacent residential property line. In addition, the menu/speaker-order board shall feature a lighted read-back display, either integrated as a single unit or two (2) separate units, or other alternative as a result of changes in technology, to the satisfaction of the Community Development Director. This will allow customers to review their order and reduce sound originating from the speaker, thereby reducing noise impacts to the adjacent residents. The applicant provided a noise study (Attachment D), prepared by a certified acoustical consultant, which determined that the proposed project will comply with the City's Noise Ordinance. FINDINGS: In determining whether an approval can be granted for a CUP and DR for the proposed restaurant with a drive-thru facility, outdoor seating, and associated drive-thru signage, the Planning Commission must determine whether or not the proposed use will be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City; and that the location, size, architectural features, and general appearance of the proposal will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole. A decision to approve these requests may be supported by the following findings:. 1. Pursuant to TCC Section 9232b.13 and 9235c.1, restaurants with drive- thru service in the CG zoning district are permitted subject to the approval of a Conditional Use Permit (CUP). Pursuant to TCG Sections 9272 and DocuSign Envelope U.488CC918-3B3F-43D9-8A04-9DEOB21AFSA5 PC Report February 9, 2021 CUP 2020-00091DR 2020-0008 Page 10 9277b, Design Review approval is required for the site plan and design for new structures and outdoor restaurant seating areas. 2. As proposed, the drive-thru lane provides queuing capacity for approximately nine (9) vehicles whereas the minimum requirement of the TCC is seven (7) vehicles. The parking lot area will be configured to optimize circulation for the proposed restaurant with drive-thru facility. In addition, wayfinding signage will be required to be strategically placed within the parking lot area to provide ease of navigation to the drive-thru. 3. No impact to neighboring residential uses is anticipated in that the restaurant and drive-thru use will be conditioned to have speaker equipment with adjustable volume control and not exceed allowable noise levels, site lighting that confines illumination onto the property, and new landscaping and a wall along the rear property line. 4. Parking for the proposed use can be accommodated as the fourteen (14) required parking spaces will be provided. 5. The restaurant would be located within a commercial building and along the Newport Avenue commercial corridor where a variety of retail, office, and restaurant uses are located. The recommended restaurant hours of 24 hours for indoor dining and 7:00 a.m. to 11:00 p.m. for outdoor seating and drive-thru service are consistent with the characteristics of restaurant uses, and the hours of operation of the restaurant would be similarto other restaurants in the vicinity. 6. Pursuant to Section 9272c of the Tustin City Code, the Community Development Department finds that the location, size, architectural features, and general appearance of the proposed project will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole. In making such findings, the Community Development Department has considered at least the following items: a. Height, bulk and area of buildings. b. Setbacks and site planning. c. Exterior materials and colors. d. Type and pitch of roofs. e. Size and spacing of windows, doors and other openings f. Landscaping and parking area design. g. Location, height and standards of exterior illumination. h. Location and appearance of equipment located outside of an enclosed structure. DocuSign Envelope ID:488CC918-3B3F-43D9-8A04-9DE0B21AFSA5 PC Report February 9, 2021 CUP 2020-00091❑R 2020-0008 Page 11 i. Location and method of refuse storage j. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. k. Proposed signing. I. The proposed project is consistent with the development Guidelines and criteria as adopted by the City Council. 7. This project is Categorically Exempt pursuant to Section 15303 (Class 3) of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). 8. The City's Police Department has reviewed the application and has no concerns. Docu5igned by: DocuSigned by: E -�. ouuom C 11 ECE50'A&8E4E9... EDA5DRe62335dA5.. Mary Salman Justina L. Willkom Code Enforcement Officer Community Development Director Attachments: A. Location Map B. Land Use Fact Sheet C. Submitted Pians D. Noise Report E. Lighting Plan F. Resolution No. 4419 DocuSign Envelope ID.488CC918-3B3F-43D9-8A04-9DE0321AF6A5 ATTACHMENT A LOCATION MAP DocuSign Envelope ID.488CC918-3B3F-43D9-8A04-9DE0621AFSA5 300 ft, 500 ft, and 1000 ft Radius Map ® 0 - F 1000 ft. Na WSW 500 ft. ° r 300 ft. ° e'a ti Q. 1 Location Map 14232 [Newport Avenue CUP 2020-0009/DR 2020-0008 ATTACHMENT B LAND USE FACT SHEET LAND USE APPLICATION FACT SHEET 1. LAND USE APPLICATION NUMBER(S): CUP 2020-0009 AND DR 2020-0008 2. LOCATION: NORTHEAST CORNER OF NEWPORT AVENUE AND MITCHELL AVENUE 3. ADDRESS: 14232 NEWPORT AVENUE, TUSTIN, CA, 92780 4. APN(S): 432-073-01 5. PREVIOUS OR CONCURRENT APPLICATIONS RELATING TO THIS PROPERTY: ZC 82-2 (Cl to CG), UP 82-21 (DRIVE-THROUGH), DR 86-8 (DRIVE-THROUGH MODIFICATION), 6. SURROUNDING LAND USES: NORTHWEST: COMMERCIAL SOUTHEAST: SINGLE-FAMILY RESIDENTIAL NORTHEAST: COMMERCIAL SOUTHWEST: COMMERCIAL 7. SURROUNDING ZONING DESIGNATION: NORTHWEST: PLANNED COMMUNITY COMMERCIAL (PC COM) SOUTHEAST SINGLE-FAMILY RESIDENTIAL (R1) NORTHEAST: RETAIL COMMERCIAL (Cl) SOUTHWEST: COMMERCIAL GENERAL (CG) 8. SURROUNDING GENERAL PLAN DESIGNATION: NORTHWEST: COMMUNITY COMMERCIAL (CC) SOUTHEAST: LOW DENSITY RESIDENTIAL (LDR) NORTHEAST: COMMUNITY COMMERCIAL (CC) SOUTHWEST: COMMUNITY COMMERCIAL (CC) 9. SITE LAND USE: EXISTING PROPOSED Use: VACANT RESTAURANT NEW RESTURANT W/DRIVE THRU Zoning: COMMERCIAL GENERAL NO CHANGE General Plan: COMMUNITY COMMERCIAL NO CHANGE DEVELOPMENT FACTS: 10. LOT AREA: 17,424 SF/0.4 ACRES 11. TOTAL BUILDING AREA: EXISTING: 1,054 SQUARE FEET PROPOSED: 1,390 SQUARE FEET 12. PARKING: Parking Ratio Parking Spaces Required Restaurant Use 1 space for every 100 14 spaces (1,390 square feet) square feet Minimum 7-car stacking space for drive-thru Total Parking Required: 14 Spaces Total Parking Provided: 14 Spaces 13. OTHER UNIQUE CONDITIONS ASSOCIATED TO THE PROPERTY (I.E. SPECIAL STUDY ZONES, EASEMENTS, ETC.) N/A ATTACHMENT C SUBMITTED PLANS DocuSign Envelope ID.488CC998-3B3F-43D9-BA04-9DE0B29AFBA5 ] AV � HOiIW �vJ vt7t 66 } r13F 0 tiA; .r---------- _77 - --- a I✓� LU r 6 W Z L .,F c = W I ui C' G} o Docu$lgn Envelope ID:488CC918-3B3F-43D9-8A04-90EOB21AF6A5 'N dt ll ie LN wares CL Id CL LLJ 101 7— CD �7 C11 7 4C:P V DocuSign Envelope ID:4.88CC91 8-3B3F-43D9-8A04-9DEOB21 AF6A5 z "Wit Be '3 ------------------- ----------------- --------------------- ----------------------------- - ------------- ----------- -------------------------------- ------------- ---------- ------------- --X- ,L " 4_-__-_-__.- ,LF,- - ------ ------ -—---------- ------------------------------------------------------------ L------------------------ am 2R Envelope O+8CC918-3133R431)"m4-QD B21 M65 , w.ay aq- ; + . =y_ o / � )\^ \ \\ §E, §■ ) E § ) o Lu LU § \ \ \ W § . g 6 3 6 \ z § S § 2 j\ \ \ \j /{ § / / GM os o2 0- oa oe oEv 50 3E i§ z ®n � 4 < zC z2 z -z z = z < 22 0§ z < §Q 52 3g §z 3E 3 3= a> a zz z� b � /< d§ 2# y/ d° ®@ 2j P� <z <a / 7© ©o �� , > f� \» f- , o }� 7f 7» ®97< \/ k_/ 7f y_i %} 9\ 7% \< §p }q /\ {h �\ ®\ ~\ </ ~ƒ <\ <\ k\ 5# jk /§ {j z w w v w 16 w � � @ f 6 � . . § ` « $\« _ « � ? y \§ M m�# ` � ami m 09126 U'Nusnl I �_ ❑ocuSign Envelope I0:488CC918-3B3F-430MA04-9DEQB21AF6A5 nsnctHt 3.4tl'J.t M inr•.'�::.s�t s3o w a� Q tl4NtlQ v $ W a ` D wLLJ Lu gl�w ,f a ( p L�9'� vim, •1 _ vii z W V F !Ifll i �4 A it IFI Z. III l�--1 D 7 w ,1,': w �}�•`fi vel I W �I Q z V � 1 t F) n� I w W H ui V z 4 a� U DocuSig n Envelope II]_:488CC918-3B3F-43D"AO4-9DEOB21 AF6A5 -- v rP/K9l lewl�ri • a i o u . r �Q��l�'B'7 W'.75n— � V v CT s'Ja NM'dN0 C aoaacI I L wWa w-Mmn zgx 'x10,1�'�.arn-'e'n-d3aXo� Nt+'�e 3ca�5�8'Yt 7'v'ltsfa7t:G'7 �' ] AV 7 � � H3ilW F F a g t.]7 rdl ry U J,-7 •pT F� z E3�.p _ LUI AL LU kD J� Y — -...... O as w met �. x w J z b a rg Z $ ILI LLI n t DocuSign Envelope ID:488CC918-363F-43D9-8AO4-9DE0821AF6A5v v I— Jdl�-VK �• /I�J a�'d y�.�7dr.�2N L^c��l CT V cYOWn.d31YO � �r eo6k�7u3 DPW WS 4TIOISWM ,a,I•.CII3N„1$ � �, �w7�S42 'ssai#tl'x=a+vl ln'h1d'3^hPJ 1{V'fd�ei4"7�yL11'lYl TyfLLdB'7NDa r Ind II ] H31IW � � S - r a z �2 ; lr- ' Z 12 kfi OL 1 -I w`S a a� a � 0 C3 > ' LLJ kA 0 I �w yg� NY" Z --� 17 7T. tug X15 y6� 4i lv'1 ip a mte Q JaW w 'n �•'� \.J -4 Iii DocuSign Envelope ID:488CC918-3B3F-43 9-8AO4-9CEOB21AF6A5 •� N _ °j-r°- 317_d':cA�3': •'..?il ��— a - - �•.is�e.ir +vnn�,.,aid: :c_.. -..-.-° w �� x � WN! a p W 30 ub a LU Z Lu g 4 -c�gy��yyi 1{�. y w" l�S[11tt1Y�131 1 � a _ w �,, ATTACHMENT D NOISE REPORT DocuSign Envelope U 488CC91 8-3B3F-43D9-8A04-9DE0B21 AFSA5 �Joise Monitor,incq SeruiCes Sound and Vibration measurement.Testing 8 Consulting July 1, 2020 Richard Tanaka,AIA,ASID Tanaka Riley Architects, Inc. 22855 Savi Ranch Parkway,Suite E Yorba Linda, CA 92887 Subject: Taqueria De Anda Noise Study Dear Mr.Tanaka, As requested,we have performed a noise study for the proposed Taqueria De Anda restaurant at 14232 Newport Avenue in Tustin.The exterior of the project consists of a 24-hour drive-thru lane and an outdoor dining area. Single-family residential uses are located east of the project site.The location of the project site is shown in Figure 1. This report provides the applicable noise standards for the project and the results of the noise study to assess the noise impacts of the exterior activities and to determine compliance with the City of Tustin noise standards. This noise study includes an assessment of noise levels produced by the exterior activities, including drive-thru speaker,car stereo music, idling vehicles, and outdoor dining. The site plan is shown in Figure 2. r�. t3t Measurement Location y r . roject s9ti, sident Figure 1 Project Location Noise Monitoring Services, 14000 Van Ness Ave,Ste D,Gardena, CA 90249 Phone:323-546-9902 Email: info@thenoiseexperts.com www.thenoiseexperts.com ' SAV 119HOiIW N Q73m OJ Q] cr rrs 14ZI 77 4 I El I• + LJ M o H LU w' I QJc3C U o a - v I i I w Z Q u�� z m Q c a LU Y C Y l.L Q I l LU C Q OJ s Y wi © 'o co c % _ ;j "' yt �• t 1�0 CLD a - . . v LLI m U) m 0 0 Docu5ign Envelope U.488CC918-3B3F-43Q9-BA04-9QEOB21AF6A5 � olse Mo-11to-'If q 5ef-`VICes Tanaka Riley Architects Taqueria De Anda Sound acrd Vibr-ation Measur-ement.Tesu q 8.Cc,nsutti,­)ca July 1, 2020 City of Tustin Noise Standards Article 4, Chapter 6,Section 4614 of the City of Tustin Code of Ordinances contains exterior noise standards. The noise limits are given in terms of sound levels that may not be exceeded for cumulative periods in each hour.The noise limits are summarized in Table 1. Table 1 City of Tustin Exterior Noise Standards Daytime Nighttime Hourly Noise Metric(Cumulative Period),dBA (7 am to 10 pm) (10 pm to 7 am) LSO(30 minutes in any hour) 55 50 L25(15 minutes in any hour) 60 S5 LS(5 minutes in any hour) 65 60 L2(1 minute in any hour) 70 65 Lmax(any period of time) 75 70 In the event the alleged offensive noise consists of impact noise, simple tone noise, speech, music, or any combination thereof, the noise levels in Table 1 shall be reduced by five (5)dBA. In the event the ambient noise level exceeds any of the first four(4) noise limit categories above,the cumulative period applicable to said category shall be increased to reflect said ambient noise level. In the event the ambient noise level exceeds the fifth noise limit category, the maximum allowable noise level under said category shall be increased to reflect the maximum ambient noise level. Existing Noise Environment. The project site is located at 14232 Newport Avenue in Tustin.The project site is bounded by Newport Avenue to the west; by Michelle Avenue to the south; by residential uses to the east; and by a restaurant to the north. Based on our site observations,the existing sources of ambient noise are traffic on Newport Avenue and Michelle Avenue. A 24-hour ambient noise measurement was obtained at the east property line in order to determine the existing ambient background noise levels.This location was selected because it was the closest points to the nearby residential uses. The location of the measurement is provided in Figure 1.The measurements were obtained with a model SVAN 971 type 1 precision sound level meter manufactured by Svantek, which was calibrated before the measurements. The noise measurements were obtained from 1:00 pm on June 19, 2020 for a period of 24-hours. Figure 3 provides the results of the measurements. The measurement data is provided as one-hour sound levels over the duration of the measurement period. A noise measurement survey report is attached. The measurement results indicate that the existing noise levels at the nearby properties exceed the City's noise limits for daytime Lmax and daytime and www.thenoiseexperts.com 3 DocuSign Envelope ID:488CC918-3B3F-43D9-8A04-9 DEC B21AF6A5 ��Dlse Mo-llto-'If 19 5ef-`Vices Tanaka Riley Architects Taqueria De Anda S+:end and Vibration ry YeesuFement.Tesiji-q&.Ccrnsultir)g July 1, 2070 nighttime L50. Therefore, a correction to account for existing ambient noise should be applied when assessing compliance as shown in Table 3. Table 2 Summary of Ambient Noise Measurement Results Range of A-weighted Sound Levels,dBA Time period Lmax L2 L8 L25 L50 Daytime (7 am to 10 pm) 80.3-92.9 67.9-77.9 61.3-71.3 58.2-66.7 56.5-64.3 Nighttime(10pmto7am) 64.8-90.3 58.5-70.2 55.5-62.6 53.1-59.1 52.1-58.2 Table 3 Corrected City of Tustin Exterior Noise Limits Daytime Nighttime Hourly Noise Metric(Cumulative Period),dBA (7 am to 10 pm) (10 pm to 7 am) L50(30 minutes in any hour) 56.5 52.1 L25(15 minutes in any hour) 60 S5 L8(5 minutes in any hour) 65 60 L2(1 minute in any hour) 70 65 Lmax(any period of time) 80.3 70 ..�w.thenoiseexperts.com 4 Ln CA CD u Qa C C7 +� Q V O) ri i ❑ Q .� ....—.. .�._ — iv c2i =3 eloolo m Y cc ro r m d OJ N F O �I CI Z 1 aj ar E 'I v a pp� N � I M U] a [ a. i UJOA O � r` 4 i2 WIV c U v U fw �r C77 < C < � a 1J � C �? o o E c tp Q � M CL C © Q �f Q T 2 x U � Qi m co co m 01 V7 rn (eep)I-al p"nos O co uJ a� cl- o C LLA C L) 7 L] DocuSign Envelope U.488CC918-3B3F-43D9-8A04-9DEOB21AF5A5 � oise Monitorring Ser-vices Tanaka Riley Architects Taqueria De Anda Sound and Vbrration Measur-ernent.Tesii+g @ Consuttir July 1, 2020 Exterior Activity Noise Analysis Noise associated with the project includes a drive-thru speaker system, pick-up window, cars driving through, car idling,.and an outdoor dining area.The drive-thru lane will operate 24-hours. Reference noise measurements for the exterior activities were conducted at an existing Taqueria De Anda in ©range on June 19, 2020 during peak hour activities between 11:00 am and 1:00 pm. The existing Taqueria De Anda has a similar drive-thru speaker system, pick-up window, and outdoor dining area and also operates 24-hours per day. The noise measurements were conducted using a Svantek Model S11AN 971 Type 1 precision sound level meter.The noise measurements were conducted for 15 minutes at the various exterior areas. A summary of reference noise measurement data is provided in Table 4. Table 4 Exterior Activity Noise Data Measurement Reference Noise Level(dBA) Facility Distance(ft) Lmax L2 L8 L25 L50 Activities Drive-thru Menu ordering,vehicles speaker area 3 82.2 76.0 73.7 70 1 �'7 2 moving and idling Rick up 5 78.7 71.5 68.2 66.0 63.5 Check orders,vehicles window area moving and idling Outdoor dining 5 73.7 67.2 66.0 64.6 62.5 Patrons talking,vehicles tables moving The nearest residential uses at the proposed Taqueria De Anda in Tustin are located east of the project site as shown in Figure 1. Five-foot-high block walls are located along the east property line. The exterior activity related noise levels at the residential uses were estimated based on typical worst-case daily operations of the proposed project and the measured exterior activity noise levels at the existing restaurant in Orange. The exterior activity related noise levels at the residential uses were calculated using the standard point source noise-distance attenuation factor of 6.0 dBA for each doubling of distance and barrier-insertion loss for the 5-feet block walls located along the adjacent residential property line. Table 5 provides the estimated noise levels of the exterior activities at the nearby residential uses. As shown in Table 5,the combined noise levels represent the worst-case exterior activity noise levels when noise from the drive-thru speaker, pick up window, and outdoor dining area occurs simultaneously. The estimated combined noise levels comply with the corrected City of Tustin noise limits provided in Table 3 during both the daytime and nighttime periods. Therefore, no noise mitigation measures are required for the project. www.thenoiseexperts.com 6 DocuSign Envelope U.488CC918-3B3F-43D9-8A04-9DEOB21AF8A5 �-,oise Monitorring Ser-vices Tanaka Riley Architects Taqueria ❑e Anda Sound and Vbrrauorn tleesur-ernent.Teso q F_C`ansutuF- J u ly 1, 2020 Table 5 Estimated Activity Noise Levels at Residential Uses Noise Level at Residential Uses,dBA Facility Lmax L2 L8 L25 L50 Drive-thru speaker area (menu ordering, vehicle moving and idling) 53.2 47.0 44.7 41.1 38.2 Pick up window area(check orders, vehicle moving and idling) 63.7 56.5 53.2 51.0 48.6 Outdoor dining tables (soft talking, vehicle moving) 50.7 44.2 43.0 41.6 39.5 Highest*/Combined noise levels 63.7* 56.5* 54.1 51.9 49.5 * It is assumed the durations of Lmax and L2 are short and the noise event would not occur simultaneously at different locations. Therefore the highest noise level represents a worst-case scenario for Lmax and L2. Conclusion This report provides an analysis of the noise levels associated with the exterior activity of the proposed Taqueria De Anda restaurant at 14232 Newport Avenue in Tustin. The operational noise levels comply with the requirements of the City of Tustin noise standards. Based on measured and estimated noise levels of the exterior activities, the exterior activity related noise levels will comply the City's noise limits at the nearby residences during worst-case operations. Sincerely, I 4�1 Kyle Kim, Ph.D. Senior Consultant www.thenoiseexperts.com 7 ATTACHMENT E LIGHTING PLAN OR,,?k rl-N IM, CD -j ] AV 113HO11W 71 17 L) LU Le LA. LLI oe t !15 2 .14 C) CL LLI 2rc a t r, r r 40 14 hill Les ATTACHMENT F RESOLUTION NO. 4419 RESOLUTION NO. 4419 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN APPROVING CONDITIONAL USE PERMIT 2020-0009 AND DESIGN REVIEW 2020-0008 TO CONSTRUCT A NEW 1,390 SQUARE FEET RESTAURANT (TAQUERIA HOY) WITH A DRIVE-THRU FACILITY AND OUTDOOR SEATING LOCATED AT 14232 NEWPORT AVENUE. The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. A proper application was filed by Christian De Anda, requesting to construct a new 1,390 square feet restaurant building with a drive-thru facility and outdoor seating at the property located at 14232 Newport Avenue. B. The project site is located within the Commercial General (CG) Zoning District and has a General Plan land use designation of Community Commercial which provides for a variety of retail and service commercial uses including restaurant uses. Pursuant to Tustin City Code (TCC) Sections 9232b.13 and 9235c.1, drive-thru uses are conditionally permitted in the CG Zoning District. Pursuant to TCC Sections 9272 and 9277, Design Review approval is required for new structures and outdoor restaurant seating areas. In addition, the project has been reviewed for consistency with the Air Quality Sub- element of the City of Tustin's (the City) General Plan and has been determined to be consistent with the Air Quality Sub-element. C. The proposed fast food restaurant with drive-thru use is located within the Commercial General (CG) Zoning District where a variety of retail and restaurant uses are located. The characteristics of the proposed use and hours of operation would be similar to other restaurants in the vicinity. D. That a public hearing was duly called, noticed, and held for Conditional Use Permit (CUP) 2020-0009 and Design Review (DR) 2020-0008 on February 9, 2021, by the Planning Commission. E. That the establishment, maintenance, and operation of the proposed use will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare; the location, size, architectural features and general appearance of the proposed development will not impair the orderly and harmonious development of the area, the present or future development Resolution No. 4419 CUP 2020-0009/DR 2020-0008 Page 2 therein, the occupancy thereof, or the community as a whole of the City in that: 1 . Pursuant to TCC Section 9232b.13 and 9235c.1, restaurants with drive- thru service in the CG zoning district are permitted subject to the approval of a Conditional Use Permit (CUP). Pursuant to TCC Sections 9272 and 9277b, design review approval is required for new structures and for outdoor restaurant seating areas. 2. As proposed, the drive-thru lane provides queuing capacity for approximately nine (9) vehicles whereas the minimum requirement of the TCC is seven (7) vehicles. 3. The parking lot area will be configured to optimize circulation for the proposed restaurant with drive-thru facility. In addition, wayfinding signage will be strategically placed within the parking lot area to provide ease of navigation to the drive-thru. 4. No impact to neighboring residential uses is anticipated in that the restaurant and drive-thru use will be conditioned to have speaker equipment with adjustable volume control, site lighting that confines illumination onto the property, and new landscaping and a wall along the rear property line. 5. Parking for the proposed use can be accommodated as the required number of parking spaces will be provided. 6. The restaurant would be located within a commercial building and along the Newport Avenue commercial corridor where a variety of retail, office, and restaurant uses are located. The recommended restaurant hours of 24 hours for indoor dining and 7:00 a.m. to 11:00 p.m. for outdoor seating and drive-thru service are consistent with the characteristics of restaurant uses, and the hours of operation of the restaurant would be similar to other restaurants in the vicinity. 7. Pursuant to Section 9272c of the Tustin City Code, the Community Development Department finds that the location, size, architectural features, and general appearance of the proposed project will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole. In making such findings, the Community Development Department has considered at least the following items: a. Height, bulk and area of buildings. b. Setbacks and site planning. c. Exterior materials and colors. d. Type and pitch of roofs. e. Size and spacing of windows, doors and other openings Resolution No. 4419 CUP 2020-0009/DR 2020-0008 Page 3 f. Landscaping and parking area design. g. Location, height and standards of exterior illumination. h. Location and appearance of equipment located outside of an enclosed structure. i. Location and method of refuse storage j. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. k. Proposed signing. I. The proposed project is consistent with the development Guidelines and criteria as adopted by the City Council. 8. This project is Categorically Exempt pursuant to Section 15303 (Class 3) of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). 9. The City's Police Department has reviewed the application and has no concerns. II. The Planning Commission hereby approves CUP 2020-0009 and DR 2020-0008 authorizing the construction of a new 1,390 square feet restaurant (Taqueria Hoy) building with a drive-thru facility and outdoor seating located at 14232 Newport Avenue, subject to 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 91" day of February, 2021. AMY MASON Chairperson JUSTINA L. WILLKOM Planning Commission Secretary Resolution No. 4419 CUP 2020-0009/DR 2020-0008 Page 4 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Justina L. Willkom, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4419 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 91" day of February, 2021 . PLANNING COMMISSIONER AYES: PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: JUSTINA L. WILLKOM Planning Commission Secretary EXHIBIT A RESOLUTION NO. 4419 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 2020-0009 DESIGN REVIEW 2020-0008 14232 NEWPORT AVENUE GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped February 9, 2021, on file with the Community Development Department, 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 subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code (TCC). (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified, subject to review and approval by the Community Development Department. (1) 1.3 This approval shall become null and void unless substantial construction is underway within twelve (12) months of the date of this Exhibit. Time extensions may be granted if a written request and associated fee are received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.4 Approval of Conditional Use Permit (CUP) 2020-0009/DR 2020-0008 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 notarized "Notice of Discretionary Permit Approval and Conditions of Approval" form. The forms shall be established by the Community Development Director, and evidence of recordation shall be provided to the Community Development Department. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Resolution No. 4419 CUP 2020-0009/DR 2020-0008 Page 2 (1) 1.5 Any violation of any of the conditions imposed is subject to issuance of an administrative citation pursuant to TCC 1162(a). (1) 1.6 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney's fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. (1) 1.7 CUP 2020-0009/DR 2020-0008 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. If the use is not operated in accordance with the conditions of approval or is found to be a nuisance or negative impacts are affecting the surrounding businesses or neighborhood, the Community Development Director may impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the CUP. (1) 1.8 If in the future the City's Community Development Director, Police Chief, and/or Public Works Department determine that a queuing, traffic or noise problem exists on the site or in the vicinity as a result of the facility, the Community Development Director, Police Chief, and/or Public Works Department may require that the applicant prepare a traffic study or noise analysis and the applicant shall bear all associated costs. If said study indicates that there is inadequate queuing or a traffic or noise problem, the applicant shall be required to provide measures to be reviewed and approved by the Community Development Department, Police Chief, and/or Public Works Department. Said mitigation measures may include, but are not limited to, the following: a) Establish alternative hours of operation, b) Modify drive-thru operation, c) Provide a queuing analysis, or d) Provide noise attenuation improvements. ARCHITECTURE AND DESIGN (5) 2.1 All roof access shall be provided from the inside of the building. (4) 2.2 No exterior downspouts shall be permitted. All roof drainage shall utilize interior piping and may have exterior outlets into landscaped areas at the base of the building. Any roof Resolution No. 4419 CUP 2020-0009/DR 2020-0008 Page 3 scuppers shall be installed with a special lip devise so that overflow drainage will not stain walls. (1) 2.3 All exposed metal flashing or trim shall be painted to match the building. (1) 2.4 All rooftop mounted equipment shall be installed at a minimum height of six (6) inches below the top of the roof/parapet so as not to be visible from the public-right-of-way. (1) 2.5 The length of the trusses located below the the roof shall be reduced such that they do not extend beyond the soffits. (1) 2.6 Utility meters located outside of the building shall be screened with landscaping to the greatest extent possible. (1) 2.7 Backflow devices and double detector checks shall be painted to match surrounding landscaping when in planters or painted to match the building located adjacent to the building. Landscaping shall be utilized to screen the devices where possible. (1) 2.8 All plant materials shall be installed in a healthy and vigorous condition typical to the species. Landscaping shall be maintained in a neat and healthy condition, which includes, but not limited to trimming, mowing, weeding, litter removal, fertilizing, regular watering, and replacement of diseased or dead plants. (1) 2.9 The menu/order board and directional signage shall be installed in accordance with the plans. Informational signage shall be designed and placed to facilitate ease of ordering and navigation of the parking lot area. Changes to the informational signage due to necessity, brand recognition, or technological advancements shall be approved by the Community Development Director. (1) 2.10 Site and building signage shall comply with the applicable sign regulations including, but not limited to sign area, location, and type. (1) 2.11 All utilities shall be installed underground. (1) 2.12 All signs shall comply with the Tustin City Code. Sign plans shall be submitted to the Community Development Department for approval prior to issuance of sign permit. All signage must Resolution No. 4419 CUP 2020-0009/DR 2020-0008 Page 4 have a valid sign permit, if applicable. (1) 2.13 The height of the brick decorative feature located at the west elevation shall be increased to the same height as the adjacent employee entry door. (1) 2.14 The portion of the existing wall located at the southeast side of the property shall be repaired. Note: The height of the wall must be and is six (6) feet, eight (8) inches. LAN DSCAPING/HARDSCAPING (1) 3.1 At plan check, complete detailed landscaping and irrigation (6) plans for all landscaping areas are required, consistent with adopted City of Tustin Landscaping requirements. The plans shall include the following: A. Include a summary table identifying plan materials. The plant table shall list botanical and common names, sizes, spacing, location, and quantity of the plant materials proposed. B. Show planting and berming details, soil preparation, staking, etc. The irrigation plan shall show location and control of backflow prevention devices, pipe size, sprinkler type, spacing, and coverage. Details for all equipment must be provided. C. Show all property lines on the landscaping and irrigation plans, public right-of-way areas, sidewalk widths, parkway areas, and wall locations. D. The Community Development Department may request minor substitutions of plant materials or request additional sizing or quantity of materials during plan check. E. Include a note that coverage of landscaping and irrigation materials is subject to inspection at project completion by the Community Development Department. F. Shrubs shall be a minimum of five (5) gallon size and shall be placed a maximum of five (5) feet on center. Other sizes and spacing may be permitted subject to Resolution No. 4419 CUP 2020-0009/DR 2020-0008 Page 5 approval of the Community Development Department. G. Ground cover shall be planted eight (8) to twelve (12) inches on center, or as approved by the Community Development Department. H. Fences, wall, and equipment areas shall be screened with walls, vines, and/or trees. I. All plant materials shall be installed in a healthy vigorous condition typical to the species and shall be maintained in a neat and healthy condition. Maintenance includes, but is not limited to, trimming, weeding, removal of litter, fertilizing, regular watering, and replacement of diseased or dead plants. USE RESTRICTIONS (***) 4.1 During peak hours of operation, the applicant may position an employee at the menu board with a wireless microphone and headset to take orders from vehicles in the drive through lane. Employees shall not take orders from any vehicle not in the drive-thru lane. (***) 4.2 The menu/speaker board shall utilize a lighted read-back display, either integrated as a single unit or two (2) separate units, or other alternative as a result of changes in technology, to the satisfaction of the Community Development Director. (1) 4.3 The allowable operating hours shall be as follows: (7) Indoor dining: Daily 24 hours Outdoor seating: Daily 7:00 a.m. to 11:00 p.m. Drive-thru lane: Daily 7:00 a.m. to 11 :00 p.m. The operating hours shall be posted in the restaurant and the outdoor seating area and shall be enforced by employees of the restaurant. Any modifications to the hours of operation shall require the approval in writing of the Director of Community Development. (1) 4.4 All activities shall comply with the City's Noise Ordinance. The menu/speaker board shall be equipped with a volume limited/adjuster so that it will not exceed the Tustin Noise Ordinance. Resolution No. 4419 CUP 2020-0009/DR 2020-0008 Page 6 (1) 4.5 No change or alteration of the building shall occur without prior approval of the Community Development Director. Major modifications to the floor area, services and/or operation of the business may require consideration of a new conditional use permit. (1) 4.6 No outdoor storage shall be permitted except as approved by the Community Development Director. (1) 4.7 No amplified sound devices are permitted outside the building. (1) 4.8 At plan check, internal circulation improvement features, such as a Keep Clear' zone near the exit and wayfinding signage, shall be noted on the plans and installed prior to final inspection. OUTDOOR RESTAURANT SEATING (1) 5.1 No outdoor keeping or storage of food or beverages to be served shall be permitted. Self-closing outside trash containers shall be provided to the satisfaction of the Community Development Department. All outdoor restaurant seating areas shall be cleaned on a continual daily basis. (1) 5.2 Doors from the main restaurant to the outdoor restaurant seating area shall be self-closing. (1) 5.3 The outdoor seating area shall comply with all applicable federal, state, county and city laws, and regulations concerning accessibility and nondiscrimination in the provision of services. (1) 5.4 The outdoor restaurant seating area shall not obstruct any fire exit, fire escape, or other required ingress or egress to any structure of property. (1) 5.5 All outdoor restaurant seating areas shall comply with the City's Noise Ordinance. (1) 5.6 Live entertainment, amplified music, and or television screens within the outdoor restaurant seating area shall not be permitted, unless specifically approved by the Community Development Director. (1) 5.7 Lighting shall be provided to illuminate the outdoor seating area. Resolution No. 4419 CUP 2020-0009/DR 2020-0008 Page 7 (1) 5.8 Violation of any of the requirements set forth in this Section, or any other conditions placed on approval of an outdoor seating area by the City of Tustin, shall constituted a violation of the Tustin City Code, subject to enforcement in any manner authorized by the Code. In addition, the Director of Community Development is hereby authorized to suspend or revoke any prior approval of an outdoor restaurant seating area upon continuous or repetitive violation of such requirements or conditions. PLAN SUBMITTAL (1) 6.1 Obtain a separate demolition permit to remove existing improvements proposed for the demolition. (1) 6.2 Submit a complete set of plans prepared by a California registered architect or civil engineer to the Building department and obtain a permit for the new tenancy. Plans shall include site plan, existing floor plans, proposed floor plans, mechanical, electrical and plumbing plans. (1) 6.3 All construction shall comply with the 2019 California Building Code, California Mechanical Code, California Electrical Code, California Plumbing Code, California Green Building Code, and the California Energy Code. (1) 6.4 At plan check, show building data such as the type of construction, occupancy, and fire sprinklers on the title/site plan. (1) 6.5 Provide automatic fire sprinklers per Chapter 9 of the California Building Code for new construction. (1) 6.6 Comply with Section 110.10 of the California Energy Code for mandatory requirements for solar ready buildings. (1) 6.7 Comply with Section 5.106.5.3 of the California Green Building Code to facilitate future installation and use of Electric Vehicle chargers. (1) 6.8 Provide bicycle parking per the California Green Building Code. (1) 6.9 Provide designated parking for clean air vehicles per Section 5.106.5.2 of the California Green Building Code. Resolution No. 4419 CUP 2020-0009/DR 2020-0008 Page 8 (1) 6.10 Accessible parking spaces and their access isles shall be a minimum of eighteen (18) feet long. A curb or wheel stop shall be provided if required to prevent encroachment of vehicles over the required clear width of the adjacent accessible spaces. (1) 6.11 The clear width in front of the entry doors shall be minimum sixty (60) inches plus the width of the door leaf in a fully open position. (1) 6.12 Show both indoor and outdoor seating including the accessible seating. (1) 6.13 There shall be one (1) accessible seating for each type of seating, and provide accessible counter and seating. (1) 6.14 Trash enclosures shall have a solid roof or awning and shall be enclosed by a masonry wall with access which effectively obscures the contents placed within the enclosure. Trash enclosures with only enough space for dumpsters used as point of waste disposal only are not employee workplaces; however, they are part of the facility on the site and as such, must have an accessible route to it, similar to common area facilities such as storage rooms. The accessible route may terminate at a complying door with strike edge clearance and complying hardware, but entry to the enclosure itself is not required. The dumpsters themselves are not regulated by California Building Code Chapter 11 B. (1) 6.15 Show the location of the building address which should be clearly visible to the emergency crew from Newport Avenue. PUBLIC WORKS DEPARTMENT (1) 7.1 Prior to issuance of any permits, the applicant shall submit for approval by the Community Development and Public Works Departments, a Water Quality Management Plan (WQMP). If the WQMP has been determined to be a Priority WQMP, it shall identify Low Impact Development (LID) principles and Best Management Practices (BMPs) that will be used on-site to retain storm water and treat predictable pollutant run-off. The Priority WQMP shall identify: the implementation of BMPs, the assignment of long-term maintenance responsibilities (specifying the developer, parcel owner, maintenance association, lessees, etc.), and reference to the location(s) of structural BMPs. Resolution No. 4419 CUP 2020-0009/DR 2020-0008 Page 9 (1) 7.2 Prior to submittal of a final Water Quality Management Plan (WQMP), the applicant shall submit a deposit of $2,700.00 to the Public Works Department for the estimated cost of reviewing the WQMP. (1) 7.3 Prior to issuance of any permits, the applicant shall record a "Covenant and Agreement Regarding O & M Plan to Fund and Maintain Water Quality BMPs, Consent to Inspect, and Indemnification", with the County Clerk-Recorder. This document shall bind current and future owner(s) of the property regarding implementation and maintenance of the structural and non-structural BMPs as specified in the approved WQMP. (5) 7.4 Prior to issuance of a Grading Permit, the applicant shall submit a copy of the Notice of Intent (NOI) indicating that coverage has been obtained under the National Pollutant Discharge Elimination System (NPDES) State General Permit for Storm Water Discharges Associated with Construction Activity from the State Water Resources Quality Control Board. (1) 7.5 Shrubs shall be planted along the edge of the detention basin to provide a barrier to the public. In addition, a detailed plan for how the detention basin is to be maintained properly shall be included in the O&M section of the WQMP. STREET IMPROVEMENT CONDITIONS (1) 8.1 The applicant shall be required to design and construct half- width street improvements per the City Standard Drawing No. 101(Major Arterial Highway) along the property frontage on Newport Avenue, such that the distance from the centerline to the property line is sixty (60) feet, including the curb return and ADA access ramps at the northeast corner of Newport Avenue and Mitchell Avenue and including modification of the traffic signal at the intersection of Newport Avenue and Mitchell Avenue, at no cost to the City. Alternatively, the applicant shall enter into an agreement with the City to make such improvements in the future. In the event an agreement for the improvements is entered into, the City Council may require that the agreement be secured by a good and sufficient bond, or it may accept in lieu thereof a cash deposit, which bond or cash deposit shall be in an amount equal to the estimated cost of the improvements. The dedications shall state that the City of Tustin shall be permitted to obtain, at no cost to the City, a 10-foot-wide Temporary Construction Easement (TCE) and a right-of-entry Resolution No. 4419 CUP 2020-0009/DR 2020-0008 Page 10 for all on-site joins when the ultimate street improvements are constructed. The TCE and the right-of-entry shall terminate on the date that the Notice of Completion for the future City improvement project is recorded at the Orange County Clerk- Recorder's office. Upon notice from the City of impending roadway widening, the property owner shall promptly remove and relocate at their own expense all private property facilities out of the roadway dedication area contained in the irrevocable offer. (5) 8.2 To allow private property facilities (such as monument signage and signs) within the dedication area for future right-of-way, prior to issuance of a sign permit, the applicant shall prepare and enter into a "future monument sign removal agreement" with the City that would guarantee removal of the sign at the property owner's expense at a time requested by the City. The applicant shall be responsible for City Attorney review fees and the cost of recording the agreement. The City of Tustin may require removal of the monument sign (at the property owner's expense) for various reasons, including but not limited to: accommodation of road widening/ parkway improvements, traffic operational issues, and environmental/engineering impacts. WATER IMPROVEMENT CONDITIONS (1) 9.1 Water improvements must follow the latest City of Tustin Water Standards and the American Water Works Association (AWWA) guidelines. In case of a conflict, the City of Tustin Water Standards shall prevail. (1) 9.2 In accordance with the plans, a backflow prevention device may be required to protect the public water system from cross connections. A. If a double check detector assembly (DCDA) is required, an easement for public utility access purposes must be dedicated to the City of Tustin. The easement shall start from the public right-of-way up to the DCDA with a minimum distance of five (5) feet all around the DCDA to allow for unobstructed access, inspection, testing, and maintenance. B. If a building sprinkler system is required by the Orange County Fire Authority (OCFA), the applicant shall be required to provide a backflow prevention Resolution No. 4419 CUP 2020-0009/DR 2020-0008 Page 11 device at his or her expense to prevent cross contamination with the public water system. C. If the applicant proposes to use an irrigation system, then a separate water meter shall be required. If this is the case, a reduced pressure principle assembly (RPPA) shall be required to prevent cross- connection with the public water system. (1) 9.3 Any easements for construction and maintenance of public (5) water facilities within private property shall be reviewed and approved by the Public Works Department prior to recordation with the Orange County Clerk-Recorder. The applicant shall submit a legal description and sketch of the area to the Public Works Department for review and approval, as prepared by a California Registered Civil Engineer or California Licensed Land Surveyor. (1) 9.4 The applicant is responsible for all costs related to the installation, upgrade, alteration, relocation or abandonment of all existing City of Tustin public water facilities affected by the proposed project. If applicant's project is within the East Orange County Water District (EOCWD) service area, then a release/approval from the EOCWD shall be obtained prior to receiving water service from the City of Tustin. The applicant shall submit a water permit application to EOCWD, and is responsible for all application, connection and other EOCWD fees. (1) 9.5 The adequacy of a proposed water system plan for a proposed development project, including the number, size and distribution of fire hydrants, must be reviewed by the Orange County Fire Authority (OCFA). Plans meeting OCFA fire protection requirements must be stamped and approved by that agency. (1) 9.6 The proposed domestic water system plans must conform to all applicable regulations enforced by the Orange County Health Department. SOLID WASTE RECYCLING CONDITIONS (1) 10.1 Construction and Demolition Waste Recycling and Reduction Plan (WRRP). Resolution No. 4419 CUP 2020-0009/DR 2020-0008 Page 12 A. The applicant/contractor is required to submit a WRRP to the Public Works Department. The WRRP must indicate how the applicant will comply with the City's requirement (City Code Section 4351, et al) to recycle at least 65% of the project waste material or the amount required by the California Green Building Standards Code. a. The applicant will be required to submit a $50.00 application fee and a cash security deposit in the amount of five (5) percent of the project's valuation as determined by the Building Official, rounded to the nearest thousand. The deposit amount will be collected in accordance with the Tustin City Code. b. Prior to issuance of any permit, the applicant shall submit the required security deposit in the form of cash, cashier's check, personal check, or money order made payable to the "City of Tustin". (1) 10.2 Facility Solid Waste Collection and Recycling Plan. A. The applicant, property owner, and/or tenant(s) are required to participate in the City's recycling programs. B. Waste and Recycling collection facilities shall be equally and readily accessible by the property owner(s) or tenant(s). C. Waste and Recycling collection facilities must be placed in a location that can be easily and safely accessed by the solid waste hauler while utilizing either front loader or side loading equipment. D. Adequate collection capacity shall be provided to ensure that collection frequency shall not exceed four times per week for commercial customers. E. All trash enclosures shall be designed with roof and be able to accommodate at least two 4-yard bins, with at least one (1) bin reserved for recyclable materials. Space for a container for organics is also required as described in Section 21 F below. Resolution No. 4419 CUP 2020-0009/DR 2020-0008 Page 13 F. All developments are required to provide space for the collection of organic materials. Organics are collected in 35-gallon and 65-gallon wheeled carts, and 2-yard bins. The size of the organics container will be dependent upon the use and size of the building. Organics can be collected six (6) days per week to minimize the space required for a container. MISCELLANEOUS CONDITIONS (1) 11.1 The applicant shall satisfy dedication and/or reservation requirements as applicable, including, but not limited to, dedication in Fee Title of all required street rights-of-way; dedication of all required flood control right-of-way easements; and dedication of vehicular access rights, sewer easements, and water easements defined and approved as to specific locations by the City Engineer (at no cost to the City) and/or other agencies. (1) 11.2 Prior to issuance of a Building Permit(s), the applicant shall provide written approval from the Orange County Sanitation District of sanitation sewer service connections. (1) 11.3 Any damage done to existing public street improvements and/or utilities shall be repaired to the satisfaction of the City Engineer before issuance of a Certificate of Occupancy. ORANGE COUNTY FIRE AUTHORITY (5) 12.1 Plan Submittal: The applicant or responsible party shall submit the plan(s) listed below to the Orange County Fire Authority for review. Approval shall be obtained on each plan prior to the event specified. • Prior to OCFA clearance of a final map or issuance of a precise grading permit or a building permit, if a grading permit is not required. • Fire master plan (PRI 45). • Complete and sign OCFA Guideline E-04 attachment #3 (attached) and submit with the Fire Master Plan. (1) 12.2 Prior to concealing interior construction.- Fire onstruction.Fire Extinguishing System for Commercial Cooking (service code PR335). Resolution No. 4419 CUP 2020-0009/DR 2020-0008 Page 14 (1) 12.3 Specific submittal requirements may vary from those listed above depending on actual project conditions identified or present during design development, review, construction, inspection, or occupancy. Portions of the project that are deferred shall be subject to the codes, standards, and other applicable requirements in force on the date that the deferred plan is submitted to OCFA. (1) 12.4 Temporary/Final Occupancy Inspections: Prior to issuance of temporary or final certificate of occupancy, all OCFA inspections shall be completed to the satisfaction of the OCFA inspector and be in substantial compliance with codes and standards applicable to the project and commensurate with the type of occupancy (temporary or final) requested. Inspections shall be scheduled at least five days in advance by calling OCFA Inspection Scheduling at 714-573-6150. (1) 12.5 Lumber-drop Inspection: After installation of required fire access roadways and hydrants, the applicant shall receive clearance from the OCFA prior to bringing combustible building materials on-site. Call OCFA Inspection Scheduling at 714-573-6150 with the Service Request number of the approved fire master plan at least five days in advance to schedule the lumber drop inspection. (1) 12.6 Emergency Responder Digital Radio System: Evidence of compliance with emergency responder digital radio system performance criteria shall be provided prior to occupancy. Refer to OCFA Guideline E-03 or the local jurisdiction's emergency responder radio ordinance, as applicable, for requirements. Submit plans to show the location, design, and numbering of building address identification on the exterior building wall and ensure that the design and location is consistent with the Orange County Fire Authority Guideline and the California Building Code. Pursuant to Orange County Fire Authority Commercial, Residential Guideline B-09: CBC 501 .2 and CFC 505.1, "Premises Identification" and the 2016 California Residential Code Section 319.1, new buildings shall be provided with approved address identification that shall be legible and place in a position that is visible from the street or road fronting the property. Address identification characters shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall not Resolution No. 4419 CUP 2020-0009/DR 2020-0008 Page 15 be spelled out; each character shall be four (4) inches in height with a stroke width of not less than half inch one-half minimum inch. Include the building numerical address on the Newport Avenue elevation. (1) 12.7 Provide an "All-Weather" surface (concrete, asphalt, decomposed granite, pavers, etc.) with a minimum of five (5) feet wide for the access pathway from Newport Avenue to the building. FEES (1) 13.1 Within forty-eight (48) hours of approval of the subject project, (5) the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of fifty dollars ($50.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period the applicant has not delivered to the Community Development Department the above-noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened. (1) 13.2 Prior to issuance of any building permits, payment shall be made of all applicable fees, including but not limited to the following. Payment shall be required based upon those rates in effect at the time of application submittal and/or permit issuance and are subject to change. The fee rate schedule automatically increases on July Is' of each year. A. Building plan check and permit fees to the Community Development Department based on the most current schedule at the time of permit issuance. B. Engineering plan check and permit fees to the Public Works Department based on the most current schedule at the time of permit issuance C. OCFA plan check and inspection fees to the Community Development Department based upon the most current schedule at the time of permit issuance. D. Payment of Major Thoroughfare and Bridge Fees to the Tustin Public Works Department are required at the time a building permit is issued. Resolution No. 4419 CUP 2020-0009/DR 2020-0008 Page 16 E. New construction fee in the amount of ten cents ($0.10) per square foot. F. School facilities fee in the amount as required by Tustin Unified School District.