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HomeMy WebLinkAboutPC RES 4427 DocuSign Envelope ID:53884FAB-1D6E-41A2-B1F1-BEFFA504FOA9 RESOLUTION NO. 4427 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 2020-0010 AND DESIGN REVIEW 2020-0009, FOR DEMOLITION OF AN EXISTING JACK IN THE BOX DRIVE-THRU RESTAURANT AND CONSTRUCTION AND OPERATION OF A NEW DRIVE-THRU RESTAURANT WITH OUTDOOR SEATING LOCATED AT 14002 NEWPORT AVENUE. The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application for Conditional Use Permit (CUP) 2020-0010 and Design Review (DR) 2020-0009 was filed by Greg Borchardt/PM Design Group, Inc., applicant, for the demolition of an existing Jack in the Box drive- thru restaurant and construction and operation of a new drive-thru restaurant with outdoor seating located at 14002 Newport Avenue. B. That the subject property is located within Development Area DA-6C of the Downtown Commercial Core Specific Plan (DCCSP) and has a DCCSP General Plan land use designation where the proposed uses are authorized by the DCCSP. Pursuant to DCCSP Table 3.1, Commercial Permitted Use Table, a drive-thru restaurant is considered a secondary retail and service use and is conditionally permitted. Outdoor seating is permitted by right in the DCCSP, subject to the requirements of TCC Section 9277 for outdoor restaurant seating areas. C. The project has been reviewed for consistency with the Air Quality Sub- element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub-element. D. Pursuant to TCC Sections 9272 and 9277b, DR approval is required for the building design and site planning and outdoor restaurant seating areas. E. That a public hearing was duly called, noticed, and held for said application on April 27, 2021, by the Planning Commission. F. That in determining whether to approve the CUP for the demolition of an existing drive-thru restaurant and construction and operation of a new drive-thru restaurant and DR for site planning and design and the outdoor seating area, the Planning Commission must determine whether it can be found 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 DocuSign Envelope ID:53884FAB-1D6E-41A2-B1F1-BEFFA504FOA9 Resolution No. 4427 Page 2 and that the proposed use will not 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 of Tustin. In making such findings, the Planning Commission has considered at least the following items- 1. tems:1. Height, bulk and area of buildings. 2. Setbacks and site planning. 3. Exterior materials and colors. 4. Type and pitch of roofs. 5. Size and spacing of windows, doors and other openings. 6. Landscaping and parking area design. 7. Location, height and standards of exterior illumination. 8. Location and appearance of equipment located outside of an enclosed structure. 9. Location and method of refuse storage. 10.Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. 11. Proposed signing. 12.The proposed project is consistent with the development Guidelines and criteria as adopted by the City Council. G. Pursuant to DCCSP Commercial Permitted Uses Table 3.1, restaurants with drive-thru service are permitted subject to the approval of a conditional use permit. H. As proposed, the drive-thru lane provides queuing capacity for seven (7) vehicles which satisfies the minimum TCC requirement of seven (7) vehicles. I. The parking lot area will be configured to optimize circulation for the proposed restaurant with drive-thru facility. As conditioned, wayfinding signage will be strategically placed within the parking lot area to provide ease of navigation to the drive-thru. J. As conditioned, no impact to future neighboring 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 low walls to screen and improve the street view on the corner. K. As conditioned, the number of required parking spaces for the restaurant use is provided on-site. DocuSign Envelope ID:53884FAB-1D6E-41A2-B1F1-BEFFA504FOA9 Resolution No. 4427 Page 3 L. The restaurant would be located within a commercial building in the DCCSP and along the Newport Avenue commercial corridor where a variety of retail, office, and restaurant uses are located. The drive-thru restaurant hours of 24 hours and 6:30 AM to 11:00 PM for outdoor seating and 6:30 AM to 2:00 AM for indoor seating are consistent with the characteristics of fast food restaurant uses, and the hours of operation of the restaurant would be similar to other fast food restaurants in the vicinity. M. As proposed, the development is consistent with the overall vision, goals, and intent of the DCCSP in that the project. a. Forms a distinct edge along the street and screens the parking lot through building placement, scale, architectural design and landscaping; b. Provides significant building articulation and architectural detail to reduce the appearance of uniform building massing; c. Provides a varied and cohesive design with respect to architectural details, windows, doors, colors and materials; d. Limits access from Newport Avenue; e. Provides pedestrian walkways to provide convenient and easily discernible connections between the public sidewalk and the restaurant with enhanced paving; and, f. Provides outdoor seating. N. The project substantially complies with the Commercial Development Standards contained in Chapter 3 of the DCCSP as follows. a. Building Setbacks: The building setback requirement is a minimum of zero (0) feet. The proposed building setback is a minimum of twelve (12) feet six (6) inches from the property line on Newport Avenue and 48 feet from the property line on EI Camino Real. b. Building height: Maximum building height is four (4) stories; The height of the building varies from 19.5 feet to 23.12 feet and is one (1) story. c. Building size: The DCCSP does not limit the square footage in Development Area DA 6C. The proposed building size is 1,869 square feet. DocuSign Envelope ID:53884FAB-1D6E-41A2-B1F1-BEFFA504FOA9 Resolution No. 4427 Page 4 d. Parking is provided entirely on-site at the rear of the property, creating a building forward design along the street frontage. e. Signage incorporates channel letters, logos and branding panels applicable to the business. O. Landscaping is enhanced throughout the site. A three (3)foot tall wall along the drive-thru will provide screening of vehicles in the drive-thru aisle with adjacent landscape improvements. Raised planters are provided on the outdoor dining patio and along pedestrian pathways. P. The City's Police Department has reviewed the application and the project has been has been conditioned to install security cameras at various locations on the site based on Police Department input. Q. The establishment of the outdoor restaurant seating area will be compatible with color and style of the exterior of the building, shall comply with applicable laws and regulations, and will not be detrimental to the health, safety or welfare of persons residing or working in the vicinity in that the hours of operation comply with the TCC and is conditioned to comply with the City's Noise Ordinance. R. Public open space, including pedestrian access paths and outdoor dining, is proposed. Four (4) dining tables are provided on the outdoor patio with pedestrian access from Newport Avenue and EI Camino Real. S. This project is Categorically Exempt pursuant to Section 15302 (Class 2) and of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Planning Commission hereby approves CUP 2020-0010 and DR 2020-0009 for the demolition of an existing Jack in the Box drive-thru restaurant and construction and operation of a new drive-thru restaurant with outdoor seating located at 14002 Newport Avenue. DocuSign Envelope ID:53884FAB-1D6E-41A2-B1F1-BEFFA504FOA9 Resolution No. 4427 Page 5 PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 27th day of April, 2021. D/o/pc_u-signedby- AMY MASON Docusigned by: Chairperson -4. O�� ED45DA2623B54A5... JUSTINA L. WILLKOM Planning Commission Secretary 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 Planning Commission of the City of Tustin, California; that Resolution No. 4427 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 27th day of April 2021. PLANNING COMMISSIONER AYES: Chu, Higuchi, Kozak, Mason, Mello (5) PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: Docusigned by: -4. O�� ED45DA2623B54A5... JUSTINA L. WILLKOM Planning Commission Secretary DocuSign Envelope ID:53884FAB-1D6E-41A2-B1F1-BEFFA504FOA9 EXHIBIT A RESOLUTION NO. 4427 CONDITIONAL USE PERMIT 2020-0010 DESIGN REVIEW 2020-0009 CONDITIONS OF APPROVAL 14002 NEWPORT AVENUE GENERAL (1) 1.1 The proposed use shall substantially conform to the project description and submitted plans for the project date stamped April 27, 2021, on file with the Community Development Department, except as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Director of Community Development may also approve minor modifications during plan check if such modifications are to be consistent with the provisions of the Tustin City Code (TCC) and other applicable codes. (1) 1.2 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) 1.3 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) 1.4 Approval of Conditional Use Permit (CUP) 2020-0010 and Design Review (DR) 2020-0009 is contingent upon the applicant and property owner signing and returning to the Community Development Department a notarized "Agreement to Conditions Imposed"form and the property owner signing and recording with the County Clerk-Recorder a "Notice of Discretionary Permit Approval and Conditions of Approval" form. The forms shall be established by the Community Development Director, and evidence of recordation shall be provided to the Community Development Department. (1) 1.5 As a condition of approval of CUP 2019-0010 and DR 2020-0009, the applicant and property owner shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision-making body, including staff, concerning this project. The City agrees to promptly notify the applicant 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:53884FAB-1D6E-41A2-B1F1-BEFFA504FOA9 Conditions of Approval CUP 2020-0010/DR-2020-0009 — Exhibit A April 27, 2021 Page 2 and/or property owner of any such claim or action filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in the defense of any such action under this condition. (1) 1.6 Any violation of any of the conditions imposed is subject to issuance of an Administrative Citation pursuant to Tustin City Code Section 1162(a). (1) 1.7 The applicant and/or property owner 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) 1.8 CUP 2020-0010 and DR 2020-0009 may be reviewed at any time by the Community Development Director. The Community Development Director shall review the use to ascertain compliance with conditions of approval. If the use is not operated in accordance with CUP 2020-0010 and DR 2020- 0009, or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the Community Development Director may impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the Conditional Use Permit. USE RESTRICTIONS (1), 2.1 The daily business hours shall be as follows: (7) • Indoor Dining: 6:30 a.m. to 2:00 a.m. • Outdoor Dining areas: 6:30 a.m. to 11:00 p.m. • Drive-thru: Twenty-four (24) hours Modifications to the hours of operation may be approved by the Community Development Director if it is determined that no impacts to the surrounding properties will occur. 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. *** 2.2 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. Employees may not take orders from any vehicle not in the drive-thru lane. (1) 2.3 All activities shall comply with the City's Noise Ordinance. The drive-thru speaker board shall be equipped with a volume limiter/adjuster so that it will not exceed the Tustin Noise Ordinance. No other amplified sound devices are permitted outside of the building. DocuSign Envelope ID:53884FAB-1D6E-41A2-B1F1-BEFFA504FOA9 Conditions of Approval CUP 2020-0010/DR-2020-0009 — Exhibit A April 27, 2021 Page 2 (5), 2.4 The drive-thru 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) 2.5 If in the future the City determines that a parking, traffic, or noise problem exists on the site or in the vicinity as a result of the proposed project, the Community Development Director may require the applicant to prepare a parking demand analysis, traffic study, or noise analysis and the applicant and/or property owner shall bear all associated costs. If said study indicates that there is inadequate parking or a traffic or noise problem, the applicant and/or property owner shall be required to provide mitigation measures to be reviewed and approved by the Community Development Department and/or Public Works Department. Said mitigation may include, but are not limited to, the following: a. Adjust hours of operation. b. Provide additional queuing space. c. Adjust ordering procedures. d. Provide additional parking. e. Provide additional noise buffers including, but not limited to, walls, landscaping, or other sound attenuation methods. (1) 2.6 Business operations shall be conducted in a manner that does not create a public or private nuisance. Any such nuisance must be abated immediately upon notice by the City of Tustin. (1) 2.7 No change or alteration of the tenant space shall occur without prior approval of the Community Development Department. Major modifications to the floor area, services, and/or operation of the business may require consideration of a new conditional use permit. (1) 2.8 No outdoor storage shall be permitted except as approved by the Community Development Director. (5) 2.9 Sale and consumption of alcoholic beverages is prohibited at this location unless separate approval of a conditional use permit for alcoholic beverage sales is obtained. OUTDOOR RESTAURANT SEATING (1) 3.1 No outdoor keeping or storage of food or beverages to be served shall be permitted. No open keeping or storage of used dishes, utensils or food scraps shall be permitted. Self-closing outside trash containers shall be provided to the satisfaction of the Community Development Department. All outdoor restaurant seating areas shall be cleaned on a continual daily basis. DocuSign Envelope I D:53884FAB-lD6E-4lA2-BlFl-BEFFA504FOA9 Conditions of Approval CUP 2020-0010/DR-2020-0009 — Exhibit A April 27, 2021 Page 2 (1) 3.2 Doors from the main restaurant to the outdoor restaurant seating area shall be self-closing. (1) 3.3 The outdoor restaurant 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) 3.4 The outdoor restaurant seating area shall not obstruct any fire exit, fire escape, or other required ingress or egress to any structure or property. (1) 3.5 All outdoor restaurant seating areas shall comply with the City's Noise Ordinance. (1) 3.6 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) 3.7 Lighting shall be provided to illuminate the outdoor restaurant seating area. (1) 3.8 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 constitute a violation of the Tustin City Code, subject to enforcement in any manner authorized by the Code. In addition, the Community Development Director 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. (1) 3.9 Outdoor seating shall be limited to the hours of 6-30 AM to 11:00 PM. SIGNAGE (1) 4.1 Site and building signage shall comply with the applicable sign regulations including, but not limited to, sign area, location and type. (1) 4.2 All signs shall comply with the Tustin City Code. A master sign plan shall be required and submitted to the Community Development Department for review and approval. Sign plans shall be submitted to the Community Development Department for approval prior to issuance of a sign permit. All signage must have a valid sign permit, if applicable. (1) 4.3 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) 4.4 LED Backlighting on the branding panels shall reflect a red color only and a maximum of one (1) row of lighting shall be provided and only on the top row of the branding panels. DocuSign Envelope ID:53884FAB-1D6E-41A2-B1F1-BEFFA504FOA9 Conditions of Approval CUP 2020-0010/DR-2020-0009 — Exhibit A April 27, 2021 Page 2 ARCHITECTURE AND DESIGN (4) 5.1 The drive-thru canopy shall be clad in the 8" porcelain wall the Crossville Speakeasy AV283, Sweet Georgia Brown, with Sand Beige H148 grout in the area between the % aluminum plaster reveals to match the exterior building facade. (4) 5.2 All roof access shall be provided from the inside of the building. (4) 5.3 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 scuppers shall be installed with a special lip device so that overflow drainage will not stain the walls. (1) 5.4 All exposed metal flashing or trim shall be painted to match the building. (1) 5.5 All rooftop mounted equipment shall be installed at a minimum height of six (6) inches below the top of the parapet so as not to be visible from the public right-of-way. (1) 5.6 Utility meters and other equipment located outside of the building shall be screened with landscaping to the greatest extent possible. (1), 5.7 Bicycle lockers, when required, shall be located in areas not readily visible (4) from public streets and away from main building entrances. (1) 5.8 On-site lighting shall be designed to contain illumination onto the property and shall not spill out onto adjacent streets or properties. Final site and building lighting shall be reviewed and approved at plan check. (1) 5.9 All utilities shall be installed and maintained underground. LANDSCAPE (1), 6.1 Landscaped areas shall be maintained and watered and all dead plant (6) material is to be removed and replaced by the property owner. The landscaping is to be installed in accordance to the City of Tustin Water Efficient Landscape Ordinance. (1), 6.2 All plant materials shall be installed in a healthy and vigorous condition typical (6) to the species. Landscaping shall be maintained in a neat and healthy condition, which includes, but is not limited to trimming, mowing, weeding, litter removal, fertilizing, regular watering, and replacement of diseased or dead plants. DocuSign Envelope ID:53884FAB-1D6E-41A2-B1F1-BEFFA504FOA9 Conditions of Approval CUP 2020-0010/DR-2020-0009 — Exhibit A April 27, 2021 Page 2 (1), 6.3 At plan check, complete detailed landscaping and irrigation plans for all (6) landscaping areas are required, consistent with the approved landscape plans, City Council Ordinance 1465, adopted Guidelines for Implementation of Tustin's Water Efficient Landscape Ordinance and TCC Section 9266e. (1), 6.4 Backflow devices and double detector checks shall be painted to match (6) surrounding landscaping when in planters or painted to match the building when located adjacent to a building. Landscaping shall be utilized to screen the devices where possible. (1), 6.5 Landscaping shall include a tightly planted low hedge along the bioswale (6) on Newport Avenue. The hedge shall be a minimum of twelve (12) inches and a maximum of twenty-four (24) inches, and shall be maintained at this height for the life of the project. PLAN SUBMITTAL (1) 7.1 A separate demolition permit shall be obtained to remove existing improvements proposed for the demolition. (1) 7.2 A complete set of plans prepared by a California registered architect or civil engineer shall be submitted to the Building Division and a permit shall be obtained for the new tenancy. Plans shall include site plan, existing floor plans, proposed floor plans, mechanical, electrical and plumbing plans. (1) 7.3 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) 7.4 At plan check, building data such as the type of construction, occupancy, and fire sprinklers shall be shown on the title/site plan. (1) 7.5 Automatic fire sprinklers shall be provided per Chapter 9 of the California Building Code for new construction. (1) 7.6 Compliance with Section 110.10 of the California Energy Code shall be required for mandatory requirements for solar ready buildings. Compliance shall be required with Section 5.106.5.3 of the California Green Building Code to facilitate future installation and use of Electric Vehicle chargers. (1) 7.7 Bicycle parking shall be provided per the California Green Building Code. Designated parking shall be provided for clean air vehicles per Section 5.106.5.2 of the California Green Building Code. DocuSign Envelope ID:53884FAB-1D6E-41A2-B1F1-BEFFA504FOA9 Conditions of Approval CUP 2020-0010/DR-2020-0009 — Exhibit A April 27, 2021 Page 2 (1) 7.8 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) 7.9 The clear width in front of the entry doors shall be a minimum of sixty (60) inches plus the width of the door leaf in a fully open position. (1) 7.10 Indoor and outdoor seating shall include accessible seating. (1) 7.11 There shall be one (1) accessible seating for each type of seating, and provide accessible counter and seating. (1) 7.12 At the time of building permit application, the plans shall comply with the latest edition of the codes, City Ordinances, State, Federal laws, and regulations as adopted by the City Council of the City of Tustin. (1) 7.13 CADD Requirements - In addition to the normal full-size map and plan submittal, all final maps and plans including, but not limited to, tract maps, parcel maps, right-of-way maps, records of survey, public works improvements, private infrastructure improvements, final grading plans, and site plans shall be submitted to the Public Works Department in computer aided design and drafting (CADD) format to the satisfaction of the City Engineer. The standard file format is AutoCAD Release 2009, or latest version, having the extension "DWG". All layering and linotype conventions are AutoCAD-based (latest version available upon request from the Public Works Department). The CADD files shall be submitted to the City at the time plans are approved, and updated CADD files reflecting "as built" conditions shall be submitted once all construction has been completed. No project bonds will be released until acceptable "as built" CADD files have been submitted to the City. (1), 7.14 Prior to issuance of a permit, the applicant shall provide written approval (5) from the East Orange County Water District (EOCWD) for sanitary sewer service connections. PUBLIC WORKS DEPARTMENT WATER QUALITY CONDITIONS (1) 8.1 This development shall comply with all applicable provisions of the City of Tustin Water Quality Ordinance and all Federal, State, and Regional Water Quality Control Board rules and regulations. (1) 8.2 Prior to issuance of any permits, the applicant shall submit for approval by the Community Development and Public Works Departments, a Priority Water Quality Management Plan (WQMP). The Priority WQMP shall identify: the implementation of BMPs, the assignment of long-term DocuSign Envelope ID:53884FAB-1D6E-41A2-B1F1-BEFFA504FOA9 Conditions of Approval CUP 2020-0010/DR-2020-0009 — Exhibit A April 27, 2021 Page 2 maintenance responsibilities (specifying the developer, parcel owner, maintenance association, lessees, etc.), and reference to the location(s) of structural BMPs. (1), 8.3 Prior to submittal of a Water Quality Management Plan (WQMP), the (5) applicant shall submit a deposit of $2,700.00 to the Public Works Department for the estimated cost of reviewing the WQMP. (1) 8.4 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. STREET IMPROVEMENT CONDITIONS (1) 9.1 Prior to any work in the public right-of-way, an Encroachment Permit shall be obtained from and applicable fees paid to the Public Works Department. Federal Americans with Disabilities Act (ADA) requirements shall be met at all driveways and sidewalks adjacent to the site. (5) 9.2 The applicant shall remove the existing driveway aprons and design and construct new curb & gutter and sidewalk at the old driveway apron locations and along the project frontage on Newport Avenue. To accommodate the proposed Newport Avenue driveway apron location, the applicant shall relocate the existing City owned street light, at the applicant's cost. The applicant shall coordinate and obtain the necessary approval for redirection of power to the new pole location with Southern California Edison, at the applicant's cost. (5) 9.3 The applicant shall remove and reconstruct the existing driveway apron on EI Camino Real to meet the most current ADA requirements and City Standards. Driveway shall be laid out per City of Tustin Std. 209 with top of"X" a minimum of 2' from the property line prolongation. (5) 9.4 Dedication of the appropriate corner cut-off and reconstruction of the pedestrian access ramp per City of Tustin Standard Drawing No. 211 is required. This should be in the form of an irrevocable offer of dedication in fee title, at no cost to the City. Provide legal descriptions and sketches as prepared by a California Registered Civil Engineer or California Licensed Land Surveyor. These are to be submitted to the Engineering Division for review and approval. (5) 9.5 The applicant shall provide for the undergrounding of all existing and proposed utility distribution facilities within the project site, pursuant to Tustin City Code Section 9271(b)(2)(a). The applicant shall be responsible for the associated costs and arrangement with each public utility. DocuSign Envelope ID:53884FAB-1D6E-41A2-B1F1-BEFFA504FOA9 Conditions of Approval CUP 2020-0010/DR-2020-0009 — Exhibit A April 27, 2021 Page 2 (1) 9.6 Prior to issuance of an Encroachment Permit, the applicant shall submit to the Public Works Department 24" x 36" reproducible street improvement plans, as prepared by a California Registered Civil Engineer, for approval. The applicant shall design and reconstruct any damaged public improvements (curb & gutter and sidewalk) adjacent to this development. (1) 9.7 It is the applicant's responsibility to obtain the necessary permit from Orange County Flood Control (OCFCD) to connect the proposed 15-inch diameter overflow pipe to existing OCFCD's 72-inch storm drain in Newport Avenue. If not approved, the applicant shall submit alternative overflow design with applicable plan check deposit to the City of Tustin Public Works Department for review and approval (1) 9.8 Subject to approval by the Community Development Director and Public Works Director, the applicant shall modify the entrance on EI Camino Real by eliminating or modifying the radius, reducing the adjacent landscape area by striping the paving, relocating the proposed parking lot light and/or installing a half-height curb at the adjacent parking space to improve ingress and egress. WATER IMPROVEMENT CONDITIONS (1) 10.1 The applicant is responsible for all costs related to the installation, upgrade, alteration, relocation or abandonment of all existing City of Tustin public water facilities affected by the proposed project. (1) 10.2 The project is within the East Orange County Water District (EOCWD) area. 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 the EOCWD, and is responsible for all application, connection and other EOCWD fees. 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). (1) 10.3 Plans meeting OCFA fire protection requirements must be stamped and approved by that agency. (1) 10.4 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. DocuSign Envelope ID:53884FAB-1D6E-41A2-B1F1-BEFFA504FOA9 Conditions of Approval CUP 2020-0010/DR-2020-0009 — Exhibit A April 27, 2021 Page 2 B. If a building sprinkler system is required by the 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) 10.5 Any easements for construction and maintenance of public 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) 10.7 The proposed domestic water system plans must conform to all applicable regulations enforced by the Orange County Health Department. SOLID WASTE RECYCLING CONDITIONS (1) 11.1 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 sixty-five (65) percent of the project waste material or the amount required by the California Green Building Standards Code. B. The applicant will be required to submit a fifty dollars ($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. C. 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) 11.2 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). DocuSign Envelope ID:53884FAB-1D6E-41A2-B1F1-BEFFA504FOA9 Conditions of Approval CUP 2020-0010/DR-2020-0009 — Exhibit A April 27, 2021 Page 2 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 (4) times per week for commercial customers. E. All trash enclosures shall be designed with roof and be able to accommodate at least two (2) 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 22G below. F. Prior to the approval of a site plan or the issuance of a building permit, the Public Works Department shall review and approve the number of trash enclosures required to service the project site. G. 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. ORANGE COUNTY FIRE AUTHORITY (OCFA) (5) 12.1 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 (service code PR145) Prior to concealing interior construction: • Fire Extinguishing System for Commercial Cooking (service code PR335). • Liquid Carbon Dioxide System for Beverage Dispensing (service code PR350) if greater than 100 lbs. (5) 12.2 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. (5) 12.3 Lumber-drop Inspection: After installation of required fire access roadways and hydrants, the applicant shall receive clearance from the DocuSign Envelope ID:53884FAB-1D6E-41A2-B1F1-BEFFA504FOA9 Conditions of Approval CUP 2020-0010/DR-2020-0009 — Exhibit A April 27, 2021 Page 2 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) 12.4 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. TUSTIN POLICE DEPARTMENT (1) 13.1 Applicant shall provide security cameras on the interior and exterior of the proposed building at the entrances, exits, parking lot, and cash register and identify proposed locations on the plans subject to approval by the Tustin Police Department. FEES (1) 14.1 Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of fifty dollars ($50.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period the applicant has not delivered to the Community Development Department the above-noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened. DocuSign Envelope ID:53884FAB-1D6E-41A2-B1F1-BEFFA504FOA9 Conditions of Approval CUP 2020-0010/DR-2020-0009 — Exhibit A April 27, 2021 Page 2 (1) 14.2 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 1st 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. 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.