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HomeMy WebLinkAboutPC RES 4419 DocuSign Envelope ID: D3F6ECDF-A8AE-4FF0-B614-CAA627153EC4 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 community. 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 DocuSign Envelope ID: D3F6ECDF-A8AE-4FF0-B614-CAA627153EC4 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 restaurant hours of 7:00 a.m. to 3:00 a.m. for indoor dining, 7:00 a.m. to 11 :00 p.m. for outdoor seating, and 24 hours for 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. 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 DocuSign Envelope ID: D3F6ECDF-A8AE-4FF0-B614-CAA627153EC4 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 9t" day of February, 2021 . DocuSigned by: D3273B6D898A43D... AMY MASON Chairperson ocuSigned by:E�D �. In�i,Q�. 4w�D45DA2623B54A5... JUSTINA L. WILLKOM Planning Commission Secretary DocuSign Envelope ID: D3F6ECDF-A8AE-4FF0-B614-CAA627153EC4 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 9th day of February, 2021 . PLANNING COMMISSIONER AYES: Chu, Jha, Mason (3) PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: Kozak (1) nD'ocuyS,ig-ned,by: --nn nn LL__�..� 1' �. 0IXX,f�YVL ED45DA2623B54A5... JUSTINA L. WILLKOM Planning Commission Secretary DocuSign Envelope ID: D3F6ECDF-A8AE-4FF0-B614-CAA627153EC4 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 forthe 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 Community Development Director 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 DocuSign Envelope ID: D3F6ECDF-A8AE-4FF0-B614-CAA627153EC4 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 DocuSign Envelope ID: D3F6ECDF-A8AE-4FF0-B614-CAA627153EC4 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 tile 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 DocuSign Envelope ID: D3F6ECDF-A8AE-4FF0-B614-CAA627153EC4 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 DocuSign Envelope ID: D3F6ECDF-A8AE-4FF0-B614-CAA627153EC4 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 shall 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 7:00 a.m. to 3:00 a.m. Outdoor seating: Daily 7:00 a.m. to 11 :00 p.m. Drive-thru lane: Daily 24 hours The operating hours shall be posted in the restaurant and the outdoor seating area and shall be enforced by employees of the restaurant. The drive thru lane is permitted to be open for 24 hours for the initial (6) months of operation as a trial period to assess potential noise impacts and disturbances to the adjacent residential properties. At the conclusion of the trial period, the Community Development Director may require modifications to the operation including limiting the hours of operation. Any future modifications to the hours of operation shall require the approval in writing of the Community Development Director. DocuSign Envelope ID: D3F6ECDF-A8AE-4FF0-B614-CAA627153EC4 Resolution No. 4419 CUP 2020-0009/DR 2020-0008 Page 6 (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. (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. (1) 4.9 The applicant shall request from the City's waste hauler that trash retrieval occur after 10:00 a.m., to mitigate the potential noise disturbance to the adjacent residential properties in the morning. 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. DocuSign Envelope ID: D3F6ECDF-A8AE-4FF0-B614-CAA627153EC4 Resolution No. 4419 CUP 2020-0009/DR 2020-0008 Page 7 (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. (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. DocuSign Envelope ID: D3F6ECDF-A8AE-4FF0-B614-CAA627153EC4 Resolution No. 4419 CUP 2020-0009/DR 2020-0008 Page 8 (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. (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 DocuSign Envelope ID: D3F6ECDF-A8AE-4FF0-B614-CAA627153EC4 Resolution No. 4419 CUP 2020-0009/DR 2020-0008 Page 9 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. (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 DocuSign Envelope ID: D3F6ECDF-A8AE-4FF0-B614-CAA627153EC4 Resolution No. 4419 CUP 2020-0009/DR 2020-0008 Page 10 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 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. DocuSign Envelope ID: D3F6ECDF-A8AE-4FF0-B614-CAA627153EC4 Resolution No. 4419 CUP 2020-0009/DR 2020-0008 Page 11 A. If a double check detector assembly (DCDA) is required, an easement for public utility access purposes must be dedicated to the City of Tustin. The easement shall start from the public right-of-way up to the DCDA with a minimum distance of five (5) feet all around the DCDA to allow for unobstructed access, inspection, testing, and maintenance. B. If a building sprinkler system is required by the Orange County Fire Authority (OCFA), the applicant shall be required to provide a backflow prevention device at his or her expense to prevent cross contamination with the public water system. C. If the applicant proposes to use an irrigation system, then a separate water meter 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 DocuSign Envelope ID: D3F6ECDF-A8AE-4FF0-B614-CAA627153EC4 Resolution No. 4419 CUP 2020-0009/DR 2020-0008 Page 12 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). 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 DocuSign Envelope ID: D3F6ECDF-A8AE-4FF0-B614-CAA627153EC4 Resolution No. 4419 CUP 2020-0009/DR 2020-0008 Page 13 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. 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 DocuSign Envelope ID: D3F6ECDF-A8AE-4FF0-B614-CAA627153EC4 Resolution No. 4419 CUP 2020-0009/DR 2020-0008 Page 14 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 (PR145). • 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.- 0 onstruction:• Fire Extinguishing System for Commercial Cooking (service code PR335). (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. DocuSign Envelope ID: D3F6ECDF-A8AE-4FF0-B614-CAA627153EC4 Resolution No. 4419 CUP 2020-0009/DR 2020-0008 Page 15 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 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 1 st of each year. A. Building plan check and permit fees to the Community DocuSign Envelope ID: D3F6ECDF-A8AE-4FF0-B614-CAA627153EC4 Resolution No. 4419 CUP 2020-0009/DR 2020-0008 Page 16 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. 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.