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02 PC REPORT ALDI 1091 OLD IRVINE BLVD
DocuSign Envelope ID:E4D8BF2F-CD4B-43C7-87C0-A80FFA21928A AGENDA REPORT ITEM#2 MEETING DATE: JUNE 22, 2021 TO: PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: DESIGN REVIEW 2021-0005 & CONDITIONAL USE PERMIT 2021-0007 APPLICANT: PROPERTY OWNER: MATTHEW BACA SAM KERMANIAN ALDI INC., MORENO VALLEY DIVISION ICO INVESTMENT GROUP, INC. 12661 ALDI PLACE 9301 WILSHIRE BLVD., SUITE 315 MORENO VALLEY, CA 92555 BEVERLY HILLS, CA 90210 LOCATION: 1091 OLD IRVINE BOULEVARD GENERAL PLAN: COMMUNITY COMMERCIAL (CC) ZONING: RETAIL COMMERCIAL (Cl) ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1) PURSUANT TO SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT _, Existing Building REQUEST: A REQUEST TO REMODEL A VACANT COMMERCIAL BUILDING INTO A MULTI-TENANT COMMERCIAL BUILDING, INCLUDING EXTERIOR FACADE RENOVATIONS AND PARKING LOT IMPROVEMENTS;AND ESTABLISH JOINT-USE PARKING AMONG TENANTS. 1 DocuSign Envelope ID:E4D8BF2F-CD4B-43C7-87C0-A80FFA21928A PC Report June 22, 2021 DR 2021-0005 &CUP 2021-0007 Page 2 RECOMMENDATION That the Planning Commission adopt Resolution No. 4433 for Design Review (DR) 2021- 0005, approving the remodel of a vacant commercial building into a multi-tenant commercial building, including exterior fagade renovations and parking lot improvements; and Conditional Use Permit (CUP) 2021-0007, to establish joint-use parking among shopping center tenants. APPROVAL AUTHORITY Pursuant to Tustin City Code (TCC) Section 9272, major exterior alterations of buildings are subject to design review approval. Pursuant to TCC Section 9264a5, Planning Commission approval of a CUP is required for joint-use parking for parking areas serving structures totaling greater than thirty thousand (30,000) square feet. 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 2021-0005 is being forwarded to the Planning Commission for concurrent consideration. BACKGROUND Site and Surrounding Properties The project site is located at 1091 Old Irvine Boulevard, between Elizabeth Way and Newport Avenue. The property is located within the Retail Commercial (Cl) zoning district. The General Plan land use designation is Community Commercial, which allows for a variety of retail, professional office, service commercial and other uses that support the land use. The subject property is approximately 2.6-acres and is developed with an unoccupied single-tenant commercial building (39,827 square feet) and a parking lot with three (3) driveways providing ingress/egress access from Old Irvine Boulevard (Figure 1). The project site was once occupied by a bowling alley business and was most recently occupied by a home and garden business, which vacated the site in 2018. On February 25, 2020, the Planning Commission adopted Resolution No. 4400 approving CUP 2019- 00022 and DR 2019-00017 to establish and operate a health club facility including the demolition of approximately 9,300 square feet of the existing commercial building, interior remodel, building fagade improvements, parking lot improvements and new landscaping; however, the use was never established and the entitlements expired. 2 DocuSign Envelope ID:E4D8BF2F-CD4B-43C7-87C0-A80FFA21928A PC Report June 22, 2021 DR 2021-0005 &CUP 2021-0007 Page 3 Al C1 4 . ns rl�1r'1 j' r . C1 IN y Y y 'PC-COM ZT C1 - nq ti Figure 1: Aerial &Surrounding Zoning The site is in close proximity to Irvine Boulevard, which is a major arterial road through the City that eventually connects to the City of Irvine to the east and the City of Santa Ana to the west. The property is bounded by a medical office center to the southeast, a commercial center to the northwest, commercial properties across Old Irvine Boulevard to the southwest, and residential condominiums to the northeast. DISCUSSION Project Summary The applicant is proposing an exterior facade remodel and parking lot improvements. The proposed remodel transforms a vacant single-tenant commercial building into a multi- tenant commercial building to accommodate a grocery store tenant and two (2) future shopping center tenants. The proposed major tenant will be ALDI Inc., a grocery retailer that offers a high-quality, low-cost product mix of organic meats, fresh produce, gourmet cheeses, sustainable seafood, gluten-free products, specialty wine, and various products. ALDI Inc. has eighty-two (82) stores in California and the subject site would be home to 3 DocuSign Envelope ID:E4D8BF2F-CD4B-43C7-87C0-A80FFA21928A PC Report June 22, 2021 DR 2021-0005 &CUP 2021-0007 Page 4 the ninth (9th) ALDI grocery store location in Orange County. As proposed, ALDI Inc. would occupy an 18,996-square-foot tenant space at the southeast portion of the building, which includes the enclosure of a former plant nursery area and a 389-square-foot building addition to the southeast of the building. The building will continue to be served by an existing loading dock located at the northeast side of the building. The exterior remodel of the building is comprised of a substantially modernized front building elevation with varying parapet heights and upgraded materials and colors. The proposed parking lot improvements include the removal of an existing driveway approach along Old Irvine Boulevard, reconfigured parking lot striping and drive aisles, and updated landscaping throughout the site. The reconfigured parking lot will provide 141 on-site spaces for the shopping center. Site Plan Layout The building will be remodeled to create a total of three (3)tenant spaces as follows: Tenant Square Location Footage ALDI (Supermarket/Grocery Store 18,996* southeast portion of the building Future Shopping Center Tenant Suite 11,461 middle portion of the building Future Shopping Center Tenant Suite 9,759 northwest portion of the building TOTAL SHOPPING CENTER: 40,216 *Includes 389 SF addition Table 1: Shopping Center Tenant Spaces As previously mentioned, the multi-tenant commercial building area will be enlarged by 389 square feet and a former open-air plant nursery area will be enclosed. The building addition facilitates safe employee pedestrian access from the existing receiving truck dock area into the interior of the grocery warehouse area (Figure 2). In order to provide dock access to all three (3) tenants, a 10-foot wide interior access corridor has been designed within the existing footprint of the building, which runs primarily along the rear perimeter of the building. The proposed interior corridor would ensure that delivery related activities take place indoors for all three (3) tenants. As proposed, vehicular access to the site will be modified with the removal of one (1) driveway approach along Old Irvine Boulevard. The two (2) remaining driveways would continue to provide ingress and egress, and are located on opposite ends of the parcel, along Old Irvine Boulevard. The elimination of the middle driveway approach reduces the potential for vehicular conflicts. The other substantial changes to the parking lot occur along the southwest and southeast sections of the property, and include reconfigured landscape islands and new striping to optimize vehicular on-and off-site ingress and egress. The site would be appropriately illuminated with eight (8) twenty-five (25) foot high parking lot light poles, proposed to be comprised of four(4)two-fixture poles and four(4)four-fixture poles. The photometric plans indicate that the proposed parking lot lighting will be installed to provide a minimum of one (1) foot candle of illumination throughout the parking area, which meets TCC requirements. Staff is recommending that the parking lot lighting be 4 DocuSign Envelope ID:E4D8BF2F-CD4B-43C7-87C0-A80FFA21928A PC Report June 22, 2021 DR 2021-0005 &CUP 2021-0007 Page 5 comprised of light poles with no more than two-fixtures per pole as the four-fixture poles are more consistent with significantly larger parking lots. As conditioned, (Condition No. 2.7 of Resolution No. 4433)the parking lot lighting shall feature no more than two (2) light fixtures per pole while providing a minimum of one (1) foot candle of illumination within the parking lot area. tl. M� f ,;;:-.... -. _• :���2 Nursery r infill , 389-square- f `7, , { foot addition Existing Drive , � Approach - -"�• ��. s s 4 Drive .• { O Approach to be Removed J f# '� Rf 4RUM-CrFhR4,1,M..CWL OG Existing Drive `` Approach O fi Figure 2: Site Plan Building Design The proposed exterior front facade remodel includes varying parapet heights, ranging in height from nineteen-and-a-half (19.5) feet to thirty (30) feet, to provide visual interest and variations in massing (Figure 3). The major grocery store tenant's primary elevation is designed with an angled, asymmetrical roofline to serve as the central architectural focal point along the Old Irvine Boulevard street facing elevation which is compatible with existing surrounding commercial and office buildings (Figure 3a). 5 DocuSign Envelope ID:E4D8BF2F-CD4B-43C7-87C0-A80FFA21928A PC Report June 22, 2021 DR 2021-0005 &CUP 2021-0007 Page 6 Painted Plaster y _ -- Aluminum Storefronts Figure 3: Front Elevation "Bark"Cement Panels Existing CMU r , Metal Awning Aluminum Storefront Figure 3a: Grocery Store Elevation (ALDI) The proposed materials for the remodeled front building elevation will be comprised of a mix of painted plaster, wood-simulated cement panels, new aluminum storefronts, and portions of the existing concrete masonry unit (CMU) walls would remain. The three (3) proposed storefront entryways are designed with architectural details and accents, including wood- simulated cement panels in "Bark" vintage wood finish and a plaster border painted a light grey color. The proposed fagade design also includes metal awnings above the storefront windows and doors and the three (3) storefront entries. The metal awnings will serve a functional purpose by providing shade at the storefronts and will also serve as architectural accents to create a contemporary and sleek design. The applicant has proposed a natural, yet modern color palette that uses off-white and warm gray tones (Figure 4). i a I Figure 4: Color and Materials 6 DocuSign Envelope ID:E4D8BF2F-CD4B-43C7-87C0-A80FFA21928A PC Report June 22, 2021 DR 2021-0005 &CUP 2021-0007 Page 7 Signage The signs proposed for the site will be reviewed separately and are not a part of the DR and CUP applications. TCC Section 9403h requires that a master sign plan be approved for all developments in multi-tenant centers to encourage coordinated and quality sign design, prior to the installation of any type of sign. As conditioned (Condition No. 4.1 of Resolution No. 4433), the applicant shall be required to submit a master sign plan to the Community Development Department for review and approval. The types of signs that may be proposed by the applicant, as part of the master sign plan submittal, may include signs on the primary building elevation to display business identification signs (i.e. business name and company logo). All sign reviews shall comply with Tustin Sign Code. In addition, the allowable window signage area would also be addressed in the master sign plan and would be subject to meeting the criteria for window signs under TCC Section 9408. As conditioned, all business signage shall be required to comply with the applicable sign regulations and permit requirements. Joint-Use Parking Pursuant to TCC Section 9263g, the off-street parking requirement for grocery/retail stores is one (1) space for each two hundred-fifty (250) square feet of gross floor area resulting in the requirement of one hundred sixty-one (161) parking spaces for the site (Table 2). Following the parking lot reconfiguration, the project site would provide one hundred forty- one (141) parking spaces. As such, there is a deficit of twenty (20) parking spaces based on TCC parking requirements. Use Applicable Required On-Site Parking Parking Ratio Parking Parking Deficiency Spaces Provided Grocery/Retail (1) space for each 40,216 SF/ 141 (20) Stores 250 square feet 250 = 161 parking spaces Table 2: Site Parking For this reason, the applicant has requested a CUP for consideration of joint-use parking among tenants located in a shopping center, thereby allowing for a reduction in the number of required parking spaces for the shopping center. Pursuant to TCC Section 9264a5, Planning Commission approval of a CUP is required for joint-use parking for parking areas serving structures totaling greater than thirty thousand (30,000) square feet. The total building area within the shopping center, including the proposed addition, is forty thousand two-hundred-sixteen (40,216) square feet. The TCC requires that requests for joint-use parking be accompanied by a parking study prepared by a California licensed traffic engineer or civil engineer. This requirement has been satisfied with the submittal of a Parking Demand Analysis (Parking Study) prepared by KOA Corporation for the proposed project (Attachment D). The TCC also requires that the study demonstrate that no substantial conflict will exist in the peak hours of parking demand for the uses for which joint-use is proposed. A Parking Study was prepared for 7 DocuSign Envelope ID:E4D8BF2F-CD4B-43C7-87C0-A80FFA21928A PC Report June 22, 2021 DR 2021-0005 &CUP 2021-0007 Page 8 the subject property to determine the expected parking needs based on the parking demand of the proposed uses. The parking generation rates for the proposed project were obtained from the Institute of Transportation Engineers (ITE) Parking Generation Manual, 611 Edition to determine the estimated parking need. For the grocery store, the supermarket parking rate was used in the analysis. The shopping center parking rate was used for the other two (2) tenant spaces. The basis of the shared parking calculations rationalizes that different uses often experience individual peak parking demands at different times of the day, or days of the week. The total number of parking spaces to support the project site was determined by reviewing the estimated parking demand both during a typical "weekday" and a typical "weekend" for December and non-December conditions, utilizing ITE supermarket and shopping center parking rates for the three (3) tenant spaces. The Parking Study determined that the peak demand for a forty thousand two-hundred-sixteen (40,216) square-foot multi-tenant commercial building is one hundred sixty-three (163) parking spaces, which would occur on a weekday in December as the worst-case condition when holiday shopping is at its highest peak. However, the City recognizes that on average, the non-December parking generation rates for weekdays and weekend days are adequate. The highest non-December weekday parking demand is one hundred thirty-four (134) parking spaces and the highest non-December weekend parking demand is one hundred twenty-five (125) parking spaces, which can both be accommodated with the site plan layout, as proposed by the applicant. Based on the parking supply of one hundred forty- one (141) parking spaces with the proposed site plan, there would be a surplus of seven (7) parking spaces in the shopping center based on the highest typical weekday parking demand. Therefore, the Parking Study finds that adequate parking will be provided on- site and no substantial conflict will exist in the peak hours of parking demand for the proposed uses. The City's Public Works Department Traffic Engineer has reviewed and accepted the methodology and accuracy of information presented in the Parking Study, and based on the number of employees and customers projected, the site would provide adequate on- site parking for an eighteen thousand nine-hundred-ninety-six (18,996) square-foot grocery store and for the remaining two (2) shopping center tenants totaling twenty one thousand two-hundred-twenty (21,220) square feet. CONCLUSION: As proposed, the project meets the applicable development standards set forth in the C1 zoning district. Analysis of DR 2021-0005 has determined 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. Analysis of CUP 2021-0007 has determined that establishment, maintenance, and operation of the proposed joint-use parking, 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 of the City of Tustin. Findings to support the 8 DocuSign Envelope ID:E4D8BF2F-CD4B-43C7-87C0-A80FFA21928A PC Report June 22, 2021 DR 2021-0005 &CUP 2021-0007 Page 9 request have been included in Planning Commission Resolution No. 4433. Accordingly, staff recommends that the Planning Commission approve the proposed project. DocuSigned by: Docu Signed by: D815AA5C8D70F417 Vw�a �1,u r6v, _. 2ESAE588F82047F_. Jessica Aguilar Irma Huitron Associate Planner Community Development-Assistant Director Attachments: A. Location Map B. Land Use Application Fact Sheet C. Submitted Plans D. Parking Analysis E. Resolution No.4433 9 ATTACHMENT A LOCATION MAP 10 LOCATION MAP DR-2021-0005 A CUP-2021-0007 1051 ®LD IRVINE BOULEVARD .,East stin 1 _ 1,000 PROJECT SITE -� 00, 7 Rutty'; - I J J L rO AZ- r 11 ATTACHMENT B LAND USE APPLICATION FACT SHEET 12 LAND USE APPLICATION FACT SHEET 1. LAND USE APPLICATION NUMBER(S): CUP 2021-0007 & DR 2021-0005 2. LOCATION: OLD IRVINE BLVD. 3. ADDRESS: 1091 OLD IRVINE BLVD. 4. APN(S): 501-081-06 5. PREVIOUS APPLICATION RELATING TO THIS PROPERTY: CUP 2019-00022 & DR 2019-00017 (LA FITNESS-APPROVED, BUT NOT ESTABLISHED) 6. SURROUNDING LAND USES: NORTH: COMMERCIAL AND RESIDENTIAL SOUTH: COMMERCIAL EAST: COMMERCIAL AND RESIDENTIAL WEST: COMMERCIAL 7. SURROUNDING ZONING DESIGNATION: NORTH: RETAIL COMMERCIAL (Cl), SUBURBAN RESIDENTIAL (R4) SOUTH: Cl EAST: Cl, R4 WEST: Cl 8. SURROUNDING GENERAL PLAN DESIGNATION: NORTH: COMMUNITY COMMERCIAL (CC), MEDIUM DENSITY RESIDENTIAL (MDR) SOUTH: CC EAST: CC, MDR WEST: CC 9. SITE LAND USE: A. EXISTING: COMMERCIAL (VACANT BUILDING) B. PROPOSED: COMMERCIAL C. GENERAL PLAN: COMMUNITY COMMERCIAL PROPOSED GP: SAME D. ZONING: RETAIL COMMERCIAL (Cl) PROPOSED ZONING: SAME DEVELOPMENT FACTS: 10. LOT AREA: 2.6 ACRES APPROX. 11. PARKING: 161 REQUIRED PARKING STALLS 141 PROVIDED PARKING STALLS (WITHOUT JOINT USE PARKING) 12. BUILDING AREA: 39,827 SQUARE FEET EXISTING 40,216 SQUARE FEET PROPOSED 13. LOT COVERAGE: 33.25% EXISTING 33.57% PROPOSED 14. HEIGHT: 31 FEET 11 INCHES EXISTING 30 FEET PROPOSED 13 ATTACHMENT C SUBMITTED PLANS 14 cc c \ _ _ cc cc cc cc cc cc LU ; cc / cc 0 0 ° \ \ \ o < CD } } } } } } } } } } } ) ( m m m m o 0 0 0 0 0 o m m m } § § w . . � � ... . . �. . � � � \ � LH El LH 2 E2 00 - _\ ■ / / CO." ic d � f : /§\IC >I a. 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Moreno Valley Division From: Stephen Bise, PE, TE, Managing Director— KOA Corporation Subject: Parking Analysis for Proposed ALDI Supermarket Project KOA Corporation (KOA) is pleased to submit this technical memorandum to document the results of the parking analysis for the proposed ALDI supermarket project in the City of Tustin. INTRODUCTION The proposed Old Irvine development is located at 1091 Old Irvine Boulevard in the City of Tustin, CA.The project site will include an ALDI store and two adjacent building spaces to be leased to future retail tenants. The specific type of tenant for the other leasable sites is as yet undetermined. Table 1 —Breakdown of Site Land Use Tenant Name Building Area (square-feet) Supermarket ALDI (with addition) 18,996 Shopping Adjacent Tenant#1  21,220* Center (9,759+11,461) Total New Building Gross Area 40,216 *Note:Access corridor square-footage is included in the building area square-footage. The building is located on an approximately 2.75-acre lot. The proposed site plan is shown in Figure 1.The proposed project will provide 141 parking spaces on site. Parking will be non-exclusive to each business. KA Figure I — Project Site Plan 10 on 10 0 yi 115 IE I 4W 4 40 4Q� IV a 0 4b > � LU J 416- U1 +0 Parking Analysis—Old Irvine ALDI Development Page 2 Prepared for the City of Tustin JC13020 KK PARKING CODE ANALYSIS §9263 of the Tustin Municipal Code lists the total number of off-street parking spaces required for the proposed development by city code. Both ALDI and the unleased future retail portions of the building would be classified as a "retail store" use.Therefore, the Retail Store: General Merchandise designation shall be used. For the purpose of calculations, gross floor area must be used, not gross leasable area. See Table 2 below: Table 2— Required Parking Supply, Per City Parking Code Tenant Name Category Rate Area (square-feet) Required Spaces ALDI Retail stores: General merchandise 1 space/2S0 square feet 18,996 76 (w/expansion) Adjacent Tenants Retail stores: General merchandise 1 space/2S0 square feet 21,220 8S TOTAL 161 Source:City of Tustin Municipal Code The project will not meet the parking requirements using the City's parking rates from the City's Municipal Code as it would require a total of 161 spaces.The proposed project will provide 141 spaces. PARKING DEMAND ANALYSIS §9264 allows for the submittal of a parking study when parking facilities are used jointly for nonresidential uses. The parking study must show that no substantial conflict will exist in the peak hours of parking demand for the uses for which thejoint use is proposed. sawing Genu,OL. A shared use parking analysis was conducted as the parking requirement per City code is not met. Parking generation rates for the proposed project were obtained from the Institute of Transportation Engineers (ITE) Parking Generation Manua(, 5` Edition to determine estimated parking need. For the ALDI store, the "Supermarket" parking rate was used in the analysis.The "Shopping Center" parking rate was used for the two other tenant spaces. KOA reviewed the estimated parking demand both during a typical "weekday" and a typical "weekend"for December and non-December conditions, as applicable. The worst-case between Monday-Thursday and Friday was utilized for the "Weekday" conditions. Table 3 and Table 4 provide the parking generation rates provided by the ITE Parking Generation Manua(, 51 Edition for the project uses. Table 3—Trip Generation Rates (Shopping Center) Day December Rate Non-December Rate Non-Friday 3.77 1.95 Weekday Friday 4.09 2.61 Saturday 4.S8 2.91 Source:ITE Parking Generation Manual,5"Edition Parking Analysis—Old Irvine ALDI Development Page 3 Prepared for the City of Tustin JC13020 Table 4—Trip Generation Rates (Supermarket) Day Suburban Rate Urban Rate Non-Friday 2.93 2.09 Weekday Friday 4.59 - Saturday 1 3.64 1 2.43 Source:ITE Parking Generation Manua(,51"Edition For"Supermarket", the provided weekday and Saturday rates for a suburban location were used.Two types of rates are available for"Shopping Center", December and non-December; both were utilized in this analysis. "Friday weekday"was used to estimate weekday parking demand and "Saturday"was used to estimate weekend parking demand. Table 5 and Table 6 below uses the identified parking demand rates to estimate weekday and weekend peak parking demand.These rates apply to gross floor area;therefore, the egress/loading dock corridor is included in the calculations. Table 5—Parking Generation (Weekday) Land Use ITE Parking Rate Unit Area (square-feet) Base Parking Demand December Shopping 4.09 1,000 sf GLA 21,220 87 Center Supermarket 4.59 1,000 sf GLA 18,996 87 TOTAL 174 Non-December Shopping 2.61 1,000 sf GLA 21,220 55 Center Supermarket 4.59 1,000 sf GLA 18,996 87 TOTAL 142 Source:ITE Parking Generation Manual,51"Edition Parking Analysis—Old Irvine ALDI Development Page 4 Prepared for the City of Tustin JC13020 33 Table 6—Parking Generation (Weekend) Land Use ITE Parking Rate Unit Area (square-feet) Base Parking Demand December Shopping 4.58 1,000 sf GLA 21,220 97 Center Supermarket 3.64 1,000 sf GLA 18,996 69 TOTAL 166 Non-December Shopping 2.91 1,000 sf GLA 21,220 62 Center Supermarket 3.64 1,000 sf GLA 18,996 69 TOTAL 131 Source:ITE Parking Generation Manua(,51"Edition As seen in the tables above, weekend rates are higher than weekday rates, and the highest expected parking supply needed, prior to adjustment, is 174 spaces during the December conditions and 142 spaces during the non-December conditions. Adjustments The anticipated parking needs provided above, as specified by the Parking Generation Manua(, 5`Edition, are for the uses when they are isolated and in areas where almost all customers arrive by car. However, in the case of a site where there are multiple uses on site, reductions in the anticipated parking needs may be able to be made based on the time-of-day variation in peak parking demand for the mixed uses of the site. Time of Day Adjustment The "supermarket" and "shopping center" uses have similar schedules in terms of when their peak activity can be expected, but some reductions can be made based on one use taking advantage of spaces when another uses are not as busy.Table 7 and Table 8 show the time-of-day distributions for each use, according to the Parking Generation Manua(, 5tn Edition. Parking Analysis—Old Irvine ALDI Development Page 5 Prepared for the City of Tustin JC13020 (Pee Table 7-Time-of-Day Distributions (Shopping Center) DECEMBER NON-DECEMBER Weekday(Friday) Weekend (Saturday) Weekday(Friday) % Weekend (Saturday) Time %of Peak Period %of Peak Period of Peak Period %of Peak Period 8-9 am - - 32 27 9-10 am - - 50 46 10-11 am 74 - 67 67 11-12 am 87 85 80 85 12-1 pm 97 97 100 95 1-2 pm 100 98 98 100 2-3 pm 92 100 90 98 3-4 pm 85 97 78 92 4-5 pm 84 88 81 86 5-6 pm 78 77 86 79 6-7 pm 75 64 84 71 7-8 pm 63 - 79 69 8-9 pm - - 70 60 9-10 pm - - - 51 10-11 pm - 38 Source:ITE Parking Generation Manua(,51"Edition Table 8-Time-of-Day Distributions (Supermarket) Weekday%of Saturday%of Peak Time Peak Period Period 8-9 am - 8 9-10 am - 22 10-11 am 59 50 11-12 am 67 65 12-1 pm 86 85 1-2 pm 87 77 2-3 pm 93 85 3-4 pm 97 99 4-5 pm 97 100 5-6 pm 100 53 6-7 pm 99 42 7-8 pm 83 22 8-9 pm 53 13 9-10 pm 38 9 10-11 pm 20 3 Source:ITE Parking Generation Manua(,5"Edition Parking Analysis—Old Irvine ALDI Development Page 6 Prepared for the City of Tustin JC13020 KPme To determine when the highest parking demand can be expected for both uses, it is necessary to multiply the percentages for a few candidate times by the base rate, and add the resulting adjusted rates together.Table 9 through 12 summarize the weekday and weekend adjusted parking demand for the December and Non-December conditions. Table 9—Weekday Time-of-Day Adjustment to Demand, December SHOPPING CENTER SUPERMARKET Base Time-of-Day Adjusted Base Time-of-Day Adjusted Total Adjusted Time Demand Demand Distributions Demand Demand Demand Distributions Demand Demand (spaces) (%) (spaces) (spaces) M (spaces) (spa es) 8-9 am - - - - - - - 9-10 am - - - - - - - 10-11 am 87 74 64 87 59 51 11S 11-12 am 87 87 76 87 67 58 134 12-1 pm 87 97 84 87 86 75 1S9 1-2 pm 87 100 87 87 87 76 163 2-3 pm 87 92 80 87 93 81 161 3-4 pm 87 85 74 87 97 84 1S8 4-5 pm 87 84 73 87 97 84 1S7 5-6 pm 87 78 68 87 100 87 155 6-7 pm 87 75 65 87 99 86 1 S 1 7-8 pm 87 63 SS 87 83 72 127 8-9 pm - - - 87 53 46 - 9-10 pm - - - 87 38 33 - 10-11 pm - - - 87 20 17 - Source:ITE Parking Generation Manua(,5"Edition Parking Analysis—Old Irvine ALDI Development Page 7 Prepared for the City of Tustin JC13020 Table 10—Weekend Time-of-Day Adjustment to Demand, December SHOPPING CENTER SUPERMARKET Base Time-of-Day Adjusted Base Time-of-Day Adjusted Total Adjusted Time Demand Demand Distributions Demand Demand Demand Distributions Demand Demand (spaces) (%) (spaces) (spaces) M (spaces) (spaces) 8-9 am - - - 69 8 6 - 9-10 am - - - 69 22 15 - 10-11 am - - - 69 50 35 - 11-12 am 97 85 82 69 65 45 127 12-1 pm 97 97 94 69 85 59 1S3 1-2 pm 97 98 95 69 77 53 148 2-3 pm 97 100 97 69 85 59 1S6 3-4 pm 97 97 94 69 99 68 162 4-5 pm 97 88 85 69 100 69 1S4 5-6 pm 97 77 75 69 53 37 111 6-7 pm 97 64 62 69 42 29 91 7-8 pm - - - 69 22 15 - 8-9 pm - - - 69 13 9 - 9-10 pm - - - 69 9 6 - 10-11 pm - - - 69 3 2 - Source:ITE Parking Generation Manua(,5"Edition Parking Analysis—Old Irvine ALDI Development Page 8 Prepared for the City of Tustin JC13020 Table 11 —Weekday Time-of-Day Adjustment to Demand, Non-December SHOPPING CENTER SUPERMARKET Base Time-of-Day Adjusted Base Time-of-Day Adjusted Total Adjusted Time Demand Demand Distributions Demand Demand Demand Distributions Demand Demand (spaces) (%) (spaces) (spaces) M (spaces) (spaces) 8-9 am - 32 - - - - - 9-10 am - 50 - - - - - 10-11 am 55 67 37 87 59 51 89 11-12 am 55 80 44 87 67 58 102 12-1 pm 55 100 55 87 86 75 130 1-2 pm 55 98 54 87 87 76 130 2-3 pm 55 90 50 87 93 81 130 3-4 pm 55 78 43 87 97 84 127 4-5 pm 55 81 45 87 97 84 129 5-6 pm 55 86 47 87 100 87 134 6-7 pm 55 84 46 87 99 86 132 7-8 pm 55 79 44 87 83 72 116 8-9 pm 55 70 39 87 53 46 8S 9-10 pm 87 38 33 - 10-11 pm - - - 87 20 17 - Source:ITE Parking Generation Manua(,5"Edition Parking Analysis—Old Irvine ALDI Development Page 9 Prepared for the City of Tustin JC13020 Table 12—Weekend Time-of-Day Adjustment to Demand, Non-December SHOPPING CENTER SUPERMARKET Base Time of Day Adjusted Base Time of Day Adjusted Total Demand Demand Adjusted Time Demand Distributions Demand Demand Distributions Demand Demand (spaces) (%) (spaces) (spaces) M (spaces) (spaces) 8-9 am 62 27 17 69 8 6 22 9-10 am 62 46 29 69 22 15 44 10-11 am 62 67 42 69 50 35 76 11-12 am 62 85 53 69 65 45 98 12-1 pm 62 95 59 69 85 59 118 1-2 pm 62 100 62 69 77 53 115 2-3 pm 62 98 61 69 85 59 119 3-4 pm 62 92 57 69 99 68 125 4-5 pm 62 86 53 69 100 69 122 5-6 pm 62 79 49 69 53 37 86 6-7 pm 62 71 44 69 42 29 73 7-8 pm 62 69 43 69 22 15 58 8-9 pm 62 60 37 69 13 9 46 9-10 pm 62 51 32 69 9 6 38 10-11 pm 62 38 24 69 3 2 26 Source:ITE Parking Generation Manua(,5"Edition During the December conditions, the highest anticipated parking demand for this site occurs at 1-2 pm on weekdays, with an anticipated demand of 163 spaces, and from 3-4 pm on weekends, with the same anticipated demand of 162 spaces. During the non-December conditions, the highest anticipated parking demand occurs at 5-6 pm on weekdays, with an anticipated demand of 134 spaces, and from 3-4 pm on weekends, with an anticipated demand of 125 spaces. Parking Analysis—Old Irvine ALDI Development Page 10 Prepared for the City of Tustin JC13020 K4K CONCLUSION Table 13 summarizes the expected parking demand, after accounting for rates from the ITE Parking Generation Manua(, 51n Edition, and applicable reductions that can be made due to variations in the peak hour of the on-site uses over the day and the parking demand rates for the December and Non-December conditions. Table 13—Parking Supply and Demand Analysis Summary Analysis Proposed Parking Adjusted Parking Surplus/Deficient Meets Parking Condition Supply Demand Demand? Weekday December 141 163 -22 No Non-December 141 134 7 Yes Weekend December 141 162 -21 No Non-December 141 125 16 Yes As shown in Table 13, the proposed parking will meet the anticipated parking demand of the project uses during the Non- December conditions, but the parking demand during the December conditions is anticipated to be higher than the proposed parking supply. Sincerely, Stephen Bise, P.E., T.E. Vice President I Managing Director Parking Analysis—Old Irvine ALDI Development Page 11 Prepared for the City of Tustin JC13020 ATTACHMENT E PLANNING COMMISSION RESOLUTION NO. 4433 41 RESOLUTION NO. 4433 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING DESIGN REVIEW 2021-0005 AND CONDITIONAL USE PERMIT 2021-0007 TO REMODEL A VACANT COMMERCIAL BUILDING INTO A MULTI- TENANT COMMERCIAL BUILDING INCLUDING EXTERIOR FAQADE RENOVATIONS AND PARKING LOT IMPROVEMENTS AND ESTABLISH JOINT-USE PARKING AMONG TENANTS AT 1091 OLD IRVINE BOULEVARD. The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application for Design Review (DR) 2021-0005 and Conditional Use Permit (CUP) 2021-0007 was filed by Matthew Baca, ALDI, Inc., requesting authorization to remodel a vacant commercial building into a multi-tenant commercial building including exterior fagade renovations and parking lot improvements and establish joint-use parking among tenants at 1091 Old Irvine Boulevard. B. That the Retail Commercial (Cl) Zoning District regulations and the Community Commercial General Plan land use designation provide for a variety of commercial uses. In addition, 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. C. That a public hearing was duly called, noticed, and held for DR 2021- 0005 and CUP 2021-0007 on June 22, 2021 , by the Planning Commission. D. Pursuant to Section 9272c of the Tustin City Code (TCC), 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: 1. Height, bulk and area of buildings. The height and bulk of the proposed project is compatible with surrounding buildings in that the proposed is between nineteen-and-a-half (19.5) and thirty (30)feet high, similar to the existing surrounding commercial and office buildings. 2. Setbacks and site planning. While there is a proposed addition of 389 square feet to the northeast of the building, the existing building setbacks would remain unchanged. 42 Resolution No. 4433 Page 2 3. Exterior materials and colors. The proposed exterior materials and colors are appropriate for the use and the area in that the design provides an updated look and presents a contemporary fagade. 4. Type and pitch of roofs. The proposed roof design is flat with parapets of varying heights, including a prominent asymmetric roof, which will provide visual interest and variations in massing. 5. Size and spacing of windows, doors and other openings. The proposed size and spacing of windows and doors are compatible for the area in that there are store fronts with clear glass along the front elevation which increases the visual engagement between the interior and exterior areas. 6. Landscaping and parking area design. The proposed landscaping, as conditioned, shall comply with the Water Efficient Landscape Ordinance requirements. The proposed parking lot is in compliance with parking development standards. 7. Location, height and standards of exterior illumination. As conditioned, the project will comply with site illumination standards and confine the lighting onto the property. 8. Location and appearance of equipment located outside of an enclosed structure. As proposed and conditioned, equipment shall be screened with mechanical screening or landscaping screening. 9. Location and method of refuse storage. As conditioned, the trash enclosure will meet the City's design requirements, provide adequate room for trash bin storage and easily allow for trash collection services. 10.Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. The proposed enhancements to the structure are compatible with existing and possible future structures in that the building is contemporary in design, its location is primarily unchanged, and the building will have an updated appearance. 11. Proposed signing. As conditioned, building signage shall comply with applicable regulations and the future master sign plan. Building signage shall be submitted to the Community Development Department for review and approval. 43 Resolution No. 4433 Page 3 12.The proposed project is consistent with development guidelines and criteria as adopted by the City Council. The proposed project, as conditioned, complies with development standards, and provides an updated look to the existing building by adding contemporary architectural elements and reconfiguring the parking lot to accommodate the multi-tenant commercial building. E. That the establishment, maintenance, and operation of the proposed joint-use parking 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 of the City of Tustin in that: 1 . The vacant commercial building is proposed to be remodeled into a 40,216-square-foot multi-tenant commercial building and one hundred forty-one (141) on-site parking spaces would be provided for the shopping center. 2. Pursuant to TCC Section 9263g, the off-street parking requirements for a 40,216-square-foot commercial building would result in an off-street parking requirement of one hundred sixty-one (161) parking spaces, resulting in a deficit of parking based on the requirements presented in the TCC. 3. A Parking Demand Analysis (Parking Study) dated May 5, 2021, was prepared by a licensed civil and traffic engineer (Stephen Bise, PE, TE) in accordance with TCC Section 9264a. 4. A Parking Study determined the peak demand for a 40,216- square-foot multi-tenant commercial building is one hundred sixty-three (163) parking spaces, which occurred on a weekday in December as the worst-case condition when holiday shopping is at its peak. However, the City recognizes that on average the non-December parking generation rates for weekdays and weekend days are adequate. The highest demand under these conditions is one hundred thirty-four (134) parking spaces on a weekday which can be accommodated based on the parking supply of one hundred forty-one (141) parking spaces provided. Therefore, the Parking Study finds that adequate parking is available and no substantial conflict will exist in the peak hours of parking demand for the proposed uses. 5. The Parking Study has been reviewed and accepted by the City's Traffic Engineer for methodology and accuracy. 44 Resolution No. 4433 Page 4 6. Any change in use would require review and approval by the Community Development Department. 7. All of the on-site parking spaces are designated for joint-use for which they are intended. 8. The proposed multi-tenant commercial building will not have a negative effect on the surrounding properties or impact traffic based on the availability of parking in that sufficient parking would be available on-site. E. This project is Categorically Exempt pursuant to Section 15301 , Class 1 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Planning Commission hereby approves DR 2021-0005 and CUP 2021- 0007 approving the remodel of a vacant commercial building into a multi- tenant commercial building including exterior fagade renovations and parking lot improvements and the establishment of joint-use parking among tenants on an existing property located at 1091 Old Irvine Boulevard, subject to the conditions contained within Exhibit A attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 22nd day of June, 2021 . AMY MASON Chairperson JUSTINA L. WILLKOM Planning Commission Secretary 45 Resolution No. 4433 Page 5 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Justin L. Willkom, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4433 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 22nd day of June, 2021 . PLANNING COMMISSIONER AYES: PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: JUSTINA L. WILLKOM Planning Commission Secretary 46 EXHIBIT A RESOLUTION NO. 4433 DESIGN REVIEW 2021-0005 & CONDITIONAL USE PERMIT 2021-0007 1091 OLD IRVINE BLVD. CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed use shall substantially conform to the project description and submitted plans forthe project date stamped June 22, 2021 , on file with the Community Development Department, except as herein modified, or as modified by the Community Development Director in accordance with this Exhibit. The Community Development Director 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 Design Review (DR) 2021-0005 and Conditional Use Permit (CUP) 2021-0007 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 DR 2021-0005 and CUP 2021-0007, 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, 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 47 Exhibit A Resolution No. 4433 DR 2021-0005 &CUP 2021-0007 Page 2 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 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 TCC 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 All requirements of the City's Noise Ordinance shall be met at all times. (1) 1.9 CUP 2021-0007 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 2021-0007, 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 CUP. ARCHITECTURE AND DESIGN (4) 2.1 Project materials shall substantially comply with those identified in the approved plans. Additional color and material samples may be requested by City staff at the time of plan check. Substitutions to the approved materials may occur subject to the approval of the Community Development Director. Enhancements to the architectural detailing may be required at the time of plan check based on the proposed materials. (4) 2.2 Service doors and mechanical screens shall be painted the same color as the adjacent wall. (4) 2.3 All roof access shall be provided from the inside of the building. (4) 2.4 All rooftop mounted equipment shall be installed so as not to be visible from the public right-of-way and parking lot areas. Rooftop mounted equipment shall be relocated or effectively screened from 48 Exhibit A Resolution No. 4433 DR 2021-0005 &CUP 2021-0007 Page 3 view in an attractive manner compatible with the building's architecture, subject to approval of the Community Development Director. (4) 2.5 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. (4) 2.6 All exposed metal flashing or trim shall be painted to match the building. (4) 2.7 The parking lot lighting shall feature no more than two light fixtures per pole and provide a minimum of one-foot candle of illumination within the parking lot area. (4) 2.8 All utilities shall be installed and maintained underground. (4) 2.9 Utility meters located outside of the building shall be screened with landscaping to the greatest extent possible. Electrical transformers shall be located in areas with room for landscape screening to be planted outside the required access space PARKING (***) 3.1 A total of one hundred forty-one (141) parking spaces shall be maintained at all times. Any reduction of on-site parking, change of tenant spaces/uses, change of parking lot, and/or circulation shall be reviewed and approved by the Community Development and Public Works Departments. (***) 3.2 If in the future the City determines that a parking problem exists on the site or in the vicinity as a result of the proposed project or if the parking analysis does not support the uses as concluded, the Community Development Director may require the applicant to prepare a parking demand analysis and bear all associated costs. If the Parking Study indicates that there is inadequate parking, the applicant shall be required to provide immediate interim and permanent measures to be reviewed and approved by the Community Development Department and the Public Works Department. 49 Exhibit A Resolution No. 4433 DR 2021-0005 &CUP 2021-0007 Page 4 SIGNAGE (1) 4.1 A master sign plan is required for developments in multi-tenant centers. The purpose of a master sign plan is to encourage coordinated and quality sign design (integrated with architectural style of project) on sites where a large number of signs will occur. In addition, the master sign plan should include permanent directional/information signs to facilitate smooth internal circulation by the motorist. (1) 4.2 A sign permit shall be applied for and obtained from the Community Development Department prior to constructing, erecting, altering, replacing, moving, or painting any sign, except for signs exempt from a permit according to the Tustin Sign Code. Permit applications shall be accompanied by information as required for a standard sign plan or master sign plan, pursuant to the Tustin Sign Code. (1) 4.3 All signs shall conform to the approved Master Sign Plan and revert to the City of Tustin Sign Code for any issues that remain silent in said Plan. (1), 4.4 Window signage is limited to twenty-five (25%) percent of the (***) window area upon which sign is located. A master sign plan requesting a deviation from the TCC sign standards shall require the approval of a CUP. LANDSCAPE (1) 5.1 At plan check, complete detailed landscaping and irrigation plans for all 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. (4) 5.2 The Community Development Department may request substitutions of plant materials or request additional sizing or quantity of materials during plan check. (4) 5.3 The landscape plans shall note that coverage of landscaping and irrigation materials is subject to inspection at project completion by the Community Development Department. (1) 5.4 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, 50 Exhibit A Resolution No. 4433 DR 2021-0005 &CUP 2021-0007 Page 5 weeding, removal of litter, fertilizing, regular watering, and replacement of diseased or dead plants. (4) 5.5 Root barriers shall be installed as needed in areas where trees are planted in close proximity to hardscape and/or structures. PLAN SUBMITTAL (1) 6.1 All construction shall comply with the 2019 California Building Code, California Mechanical Code, California Electrical Code, California Plumbing Code, California Green Code, California Energy Codes and City Ordinances, State and Federal laws, and other regulations as adopted by the City Council of the City of Tustin. (1) 6.2 All construction shall comply with the 2019 California Green Building Code Section 5.106.5.3, to facilitate future installation and use of EV chargers. (3) 6.3 Every commercial building shall display an address number in a prominent position so that it is easily visible from the street. The numerals shall be no less than six (6") inches in height, of a color that provides a significant contrast to the background, and be located so that they may be clearly seen and read. (5) 6.4 Prior to permit issuance, the applicant shall submit an 8 1/" x 11" street address map exhibit to the Public Works Department for review and approval. The address map exhibit shall be in portable document format (PDF) and shall include the site plan, foot print of building(s), and streets. (5) 6.5 Prior to permit issuance, payment of the most current Major Thoroughfare and Bridge Fees (for the Foothill/Eastern Transportation Corridor Agency (TCA)) to the City of Tustin (through the Public Works Department) for the building addition shall be required. The fee rate schedule automatically increases on July 1 st of each year. (5) 6.6 Prior to permit issuance, the applicant shall provide written approval of sanitary sewer, and domestic water service connections from the East Orange County Water District (EOCWD). (5) 6.7 Prior to permit issuance, a Shopping Cart Containment Plan shall be submitted to and approved by the Community Development Director pursuant to TCC Section 5903 for every retail establishment that uses ten (10) or more carts. 51 Exhibit A Resolution No. 4433 DR 2021-0005 &CUP 2021-0007 Page 6 (1) 6.8 Any damage done to existing public street improvements and/or utilities shall be repaired to the satisfaction of the City Engineer before acceptance of the tract and/or issuance of a Certificate of Occupancy for the development on any parcel within the subdivision. SOLID WASTE AND RECYCLING (1) 7.1 Construction and Demolition Waste Recycling and Reduction Plan (WRRP). 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 (TCC 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. A. The applicant will be required to submit a fifty-dollar ($50.00) application fee and a cash security deposit. Based on the review of the submitted Waste Management Plan, the cash security deposit in the amount of five percent (5%) 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 TCC. 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) 7.2 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. 52 Exhibit A Resolution No. 4433 DR 2021-0005 &CUP 2021-0007 Page 7 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 (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 36G 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 thirty-five (35) gallon and sixty-five (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. WATER QUALITY MANAGEMENT PLAN (WQMP) (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. (***) 8.2 The existing approved Water Quality Management Plan (WQMP) shall be amended to reflect the proposed changes and show that exiting BMP is sufficient or that additional BMP will be added. Prior to issuance of any permit, the applicant shall submit two (2) sets of WQMP amendments and plan check deposit of two thousand dollars ($2,000.00) to the City of Tustin Public Works Department for review and approval. 53 Exhibit A Resolution No. 4433 DR 2021-0005 &CUP 2021-0007 Page 8 STREET IMPROVEMENTS (***) 9.1 The applicant shall remove the existing driveway apron and design and construct new curb & gutter and sidewalk at the old driveway apron location on Old Irvine Boulevard. Current Federal Americans with Disabilities Act (ADA) requirements shall be met at all driveways and sidewalks adjacent to the site. City of Tustin standards shall apply, unless otherwise approved by the City Engineer. (1) 9.2 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. (1) 9.3 Prior to issuance of an Encroachment Permit, the applicant shall submit to the Public Works Department 24"x36" reproducible street improvement plans and construction area traffic control plan with applicable plan check deposit for review and approval. The plans shall be prepared, signed & stamped by a California Registered Civil Engineer and a California Registered Traffic Engineer, or Civil Engineer experienced in this type of plan preparation, respectively. The plans shall clearly show existing and proposed surface and underground improvements, including construction and/or replacement of any missing or damaged public improvements adjacent to this development. (***) 9.4 Prior to issuance of an Encroachment Permit for construction within the public right-of-way, a 24" x 36" construction area traffic control plan, as prepared by, shall be prepared and submitted to the Public Works Department for approval. (1) 9.5 If new domestic water services and meters for the tenant spaces are proposed, 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. A City of Tustin Encroachment Permit and plan check will be required. (5) 9.6 The project is within the East Orange County Water District (EOCWD) service 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 EOCWD, and is responsible for all application, connection and other EOCWD fees. 54 Exhibit A Resolution No. 4433 DR 2021-0005 &CUP 2021-0007 Page 9 (5) 9.7 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. (5) 9.8 The proposed domestic water system plans must conform to all applicable regulations enforced by the Orange County Health Department. ORANGE COUNTY FIRE AUTHORITY (OCFA) (5) 10.1 Prior to issuance of a building permit, the applicant shall submit for review and approval for the following: A. Hazardous materials compliance and chemical classification (service codes PR315-PR328) B. Refrigeration and vapor detection/alarm system (service codes PR340 and PR500-PR520), if required by the Refrigeration Disclosure worksheet in OCFA guideline G- 02 or the California Fire or Mechanical Codes C. High-piled storage (service code PR330) (5) 10.2 Prior to concealing interior construction, the applicant shall submit for review and approval the following: A. Fire alarm system (service codes PR500-PR520) B. Fire sprinkler system (service codes PR410-PR440) C. Hood and duct extinguishing system (service code PR3355) 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. Standard notes, guidelines, informational bulletins, submittal instructions, and other information related to plans reviewed by the OCFA may be found by visiting ocfa.org and clicking on "Business4Planning & Development Services" in the menu bar at the top of the screen. 55 Exhibit A Resolution No. 4433 DR 2021-0005 &CUP 2021-0007 Page 10 FEES (1) 11.1 Prior to issuance of any permits, payment shall be made of all applicable fees, including but not limited to, the following: • Building and Planning plan check and permit fees • OCFA permit fees (1) 11.2 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 OC CLERK-RECORDER 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. 56