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HomeMy WebLinkAbout03 PC REPORT ALTA DENA 1062 IRVINE BLVD. DocuSign Envelope ID:E46A5468-8FF2-4C33-AFB3-3C9E2B694B8F i2m AGENDA REPORT ITEM #3 MEETING DATE: NOVEMBER 9, 2021 TO: PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CONDITIONAL USE PERMIT 2021-0012, DESIGN REVIEW 2021-0010 AND SUBDIVISION 2021-0003 (TPM 2021-192) APPLICANT: ALLEN J. LYNCH THE LYNCH GROUP P. O. BOX 2183 MANHATTAN BEACH, CALIFORNIA 90267 PROPERTY OWNER: KIMER PATEL RAKSHAK CORPORATION 1062 IRVINE BOULEVARD TUSTIN, CALIFORNIA 92780 LOCATION: 1062 IRVINE BOULEVARD GENERAL PLAN: COMMUNITY COMMERCIAL (CC) ZONING: RETAIL COMMERCIAL DISTRICT (Cl) ENVIRONMENTAL: THIS PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO SECTION 15301 (CLASS 1) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND SECTION 15331 (CLASS 31) OF CEQA AS PROJECTS WHICH CONFORM TO THE SECRETARY OF INTERIOR'S (SOI) STANDARDS FOR THE TREATMENT OF HISTORIC PROPERTIES ARE CONSIDERED MITIGATED TO BELOW THE LEVEL OF SIGNIFICANCE AND ARE THEREFORE EXEMPT. REQUEST: A REQUEST TO REMODEL AND CONVERT AN EXISTING 785 SQUARE-FOOT DRIVE-THRU DAIRY TO A DRIVE-THRU COFFEE SHOP ON A 10,592 SQUARE FOOT LOT. THE EXISTING DRIVE-THRU BUILDING IS A HISTORIC RESOURCE IDENTIFIED IN THE CITY OF TUSTIN'S HISTORIC RESOURCES SURVEY (2021) AND THE PROJECT INCLUDES DocuSign Envelope ID:E46A5468-8FF2-4C33-AFB3-3C9E2B694B8F PC Report November 9,2021 CUP 2021-0012, DR 2021-0010&SUB 2021-0003 Page 2 REHABILITATION AND MODIFICATIONS TO THE HISTORIC BUILDING AND PRESERVATION OF THE HISTORIC POLE SIGN. THE PROJECT ALSO INCLUDES A TENTATIVE PARCEL MAP TO LEGALLY SUBDIVIDE THE PROPERTIES AT 1062 AND 1082 IRVINE BLVD IN ACCORDANCE WITH THE SUBDIVISION MAP ACT AND TO DEDICATE PUBLIC RIGHT- OF-WAY ON IRVINE BOULEVARD ALONG THE PROJECT FRONTAGE. RECOMMENDATION: That the Planning Commission adopt Resolution No. 4442 approving Conditional Use Permit (CUP) 2021-0012, to authorize the remodel and conversion of the existing 786 square foot Alta Dena drive-thru dairy to a drive-thru coffee shop; Design Review (DR) 2021-0010, to approve the site planning and design proposed for the project, and Subdivision (SUB) 2021-0003, to formally subdivide the properties at 1062 and 1082 Irvine Boulevard in accordance with the Subdivision Map Act and to dedicate right-of-way to the City of Tustin for the project located at 1062 Irvine Boulevard. ,.._.............._, t Figure 1 Rendered View from Irvine Boulevard DocuSign Envelope ID:E46A5468-8FF2-4C33-AFB3-3C9E2B694B8F PC Report November 9,2021 CUP 2021-0012, DR 2021-0010&SUB 2021-0003 Page 3 APPROVAL AUTHORITY: • Conditional Use Permit: Pursuant to Tustin City Code (TCC) Section 9232b, a proposed drive-thru facility requires the approval of a CUP. Although the drive-thru facility is existing, it is being modified significantly to accommodate the proposed new use and requires a CUP. TCC Section 9291 authorizes the Planning Commission to make determinations on application requests for CUPS. • Design Review: Design review is required for site planning and design pursuant to TCC Section 9272, which authorizes the Community Development Director to consider the DR application; however, since the proposal includes an entitlement application that requires Planning Commission approval, DR 2021-0010 is being forwarded to the Planning Commission for concurrent consideration for site planning and building design. • Tentative Parcel Map A Tentative Parcel Map is required for all subdivisions creating four(4)or less parcels pursuant to TCC 9323(a). Section 9321 b of the TCC authorizes the Planning Commission to review and make a decision on Tentative Maps. BACKGROUND: Site and Surrounding Properties The 0.24-acre project site is located at 1062 Irvine Boulevard and is bounded by Old Irvine and Irvine Boulevards. Surrounding uses include retail stores and commercial centers to the northwest, northeast and southeast of the site, and a drive-thru donut shop immediately to the southeast. The property is accessed from dual drive aprons located along both Irvine and Old Irvine Boulevards. The adjacent and surrounding properties were primarily developed from the mid to late 20th Century (Figure 2). The subject property is developed with a 785 square foot drive-thru dairy facility which has been used as a drive-thru continuously since the early 1950s and is currently in operation. A pole sign is positioned along the Irvine Boulevard frontage. The landscaping on the property is limited to a small planting area located directly beneath the pole sign, and a low masonry planter in poor condition that spans the front facade. Much of the rear (north) facade facing Old Irvine Boulevard is currently obscured by a utilitarian enclosure constructed of concrete block and a wood frame with plywood siding. DocuSign Envelope ID:E46A5468-8FF2-4C33-AFB3-3C9E2B694B8F PC Report November 9,2021 CUP 2021-0012, DR 2021-0010&SUB 2021-0003 Page 4 1 Project Site /✓ IFF • �a M r Figure 2 Aerial View A.. TV r 4 Figure 3 Alta Dena Drive-Thru Dairy(Existing) DocuSign Envelope ID:E46A5468-8FF2-4C33-AFB3-3C9E2B694B8F PC Report November 9,2021 CUP 2021-0012, DR 2021-0010&SUB 2021-0003 Page 5 Project Description The applicant proposes to make improvements to on-site circulation and the drive-thru operation (Attachment H) and to rehabilitate the existing building (Figure 3), while maintaining the Googie architectural design (futurist architecture influenced by car culture, jets,the Space Age and the Atomic Age)and character of the structure. The existing storage addition on the back of the building will be reconstructed into a working component of the overall building. Building colors will match the existing colors to the greatest extent possible considering a new tenant will require its own color scheme and signage that identifies the business. New mechanical screening will be added over the converted storage area to screen small mechanical units. New paving and landscaping will be introduced throughout the site, providing over ten (10) percent site coverage with landscaping. A new trash enclosure will be constructed on the north side of the site and a new electrical transformer will be installed on the west side of the site. The site currently has no striped parking spaces, and the proposed site plan includes six (6) parking spaces. The existing historic pole sign would be retained with new sign faces installed to reflect the proposed tenancy of the property. The existing aluminum sash storefront window is in poor condition and will be replaced with a similar window. CUP for Drive-Thru Site Layout, Circulation and Vehicle Stacking The proposed site would be a drive-thru facility only, and customers would not park their vehicles in the striped parking spaces nor be served inside the building. All customers would access the site from Old Irvine Boulevard, and those who place their orders from their vehicles would then circulate around the building for order pick-up, and exit back onto Old Irvine Boulevard. In addition to standard drive-thru operations, this facility would incorporate a mobile order pick-up drive-thru concept, which involves the use of mobile applications (Apps)to order food and drink items for pick-up at the facility. Mobile-order customers would be able to retrieve their orders placed on the company's mobile application from either the west (first) or east (second) pick-up window depending on order readiness (Figure 4). A mobile order pick-up exit lane is also located on the outer lane on the east side of the building which would allow customers who have already picked up a mobile order to exit the site. For large orders, employees may also direct the customer to the outer lane to wait for their order to be delivered to them at their vehicle. Additionally, to improve circulation and order fulfillment during peak hours, two (2) service initiatives may be implemented: (a) curbside delivery service providing an additional customer delivery point, and (b) an additional fixed or employee-serviced order point may be added along the entry point to accelerate customer service (Figure 5 and Attachment H). No entry access would be taken from Irvine Boulevard. Wayfinding and customer ordering signage and facilities will be refined and will be part of the tenant's interior improvement package submittal to the Building Division and subject to approval by the Community Development Director. DocuSign Envelope ID:E46A5468-8FF2-4C33-AFB3-3C9E2B694B8F PC Report November 9,2021 CUP 2021-0012, DR 2021-0010&SUB 2021-0003 Page 6 The proposed drive-thru aisle accommodates on-site stacking for four (4) vehicles approaching the drive-thru order/first pick-up window(and menu board)and on-site stacking for nine (9) vehicles approaching the second pick-up window. The TCC identifies a minimum stacking requirement to accommodate seven (7) vehicles. Due to the nature of the existing site and the desire to retain the existing historic building, the space for seven (7) stacked vehicles before the order/first pick-up window (and menu board) is not possible unless stacking is allowed in the right-of-way. To address the potential for a long queue during peak hours, Condition of Approval No. 9.5 of Resolution No. 4442 requires the applicant to submit a signing and striping plan to restripe Old Irvine Boulevard with a dedicated right turn lane into the project site from Newport Avenue with a "KEEP CLEAR" legend in front of the Walgreens' driveway. This alternative method addresses the queuing requirements and has been accepted and approved by the Public Works and Police Department. OLD IRVINE BLVD. Z� rea+r {mom a Arvcn ro amr.acn orslvFwAT ` '11—rrnR —� � Dre�P.VAr oaa�. NKN Main Exit Exr cw.r ere+ arc cur 4`q.- Overflow 4.Overflow `1 ill �ilj(l(w Esc. On-Street 9W1rG.f£AR Queuing — ]E MA% 15FF t a� � s Drive-Thru ■ ti 1i NEY PAN Entrance ,. I OFMAAL� I 1 EkSTRG B� West =E xm— r Order/ Pick Up I I/ i. 3.ACPkFE � I r 80.LA1�5 lEIrAM, Employee ParkingQ � -E Stas To PNltEo ffnain � IErPoPOG �' .c_IVIL.Fgi aLL // ° East Pick- SCWAYTp p New Window- Landscape Secondary NSE Exit Figure 4 Proposed Site Plan DocuSign Envelope ID:E46A5468-8FF2-4C33-AFB3-3C9E2B694B8F PC Report November 9,2021 CUP 2021-0012, DR 2021-0010&SUB 2021-0003 Page 7 RIGHT TURN ONLY LANEelm ENTER EXIT N L FLEX ZONE: F I •PARTNER PARKING " a •CUSTOMER WAITING •CUSTOMER ORDER FROM APPc,_ 'n •PASS-THRU LANE t, y r This zone provides the OPS _ r team flexibility to manage the stack during busy times i I MOP DRIVE THRU-PICK- N UP WINDOW - } I�Ie k'I 1 f C � t 'IM4017�0%' L M Figure 5 Mobile Order Pick Up Concept (Attachment H) Parking Pursuant to TCC Section 9263g, a total of four (4) parking spaces are required for the proposed 785 square foot building at a required ratio of one (1) parking space per 250 square feet of gross floor area, which applies to eating establishments where consumption of food and beverages occurs away from the premises. A total of six (6) parking spaces are proposed, including one (1) van-accessible parking space located at the back of the building. . DocuSign Envelope ID:E46A5468-8FF2-4C33-AFB3-3C9E2B694B8F PC Report November 9,2021 CUP 2021-0012, DR 2021-0010&SUB 2021-0003 Page 8 As shown in Figure 5, the applicant proposes a flex zone that includes employee parking, customer waiting, and pass-thru lanes to manage the traffic flow through the site. Hours of Operation The applicant proposes to operate the drive-thru facility between the hours of 5:00 AM to 10:00 PM, Monday through Sunday. The proposed hours are consistent with the hours of operation of other retail businesses in the vicinity, and there are no sensitive uses in the immediate vicinity of the site. Drive-Thru Coffee Shop Daily Operating Hours Monday through Sunday Opening Hour Closing Hour Drive-thru lane: 5:00 AM 10:00 PM Employee Hours 4:30 AM 10:30 PM Noise All activities are required to comply with the City's Noise Ordinance. The proposed conditions of approval specify that if a menu/speaker-order board is installed, it shall be equipped with a volume limiter/adjuster so that it will not exceed the City's Noise Ordinance. In addition, the menu/speaker-order board will be conditioned to feature a lighted read- back display, either integrated as a single unit or two (2) separate units, or other alternative as a result of changes in technology, to the satisfaction of the Community Development Director. This will allow customers to review their order and reduce sound originating from the speaker, thereby reducing noise impacts. Security The Tustin Police Department has requested security cameras to be installed on the building and in the parking areas and entry/exits from the site. The requirement for security cameras is provided in Condition of Approval No. 13.1 and is subject to approval by the Tustin Police Department. Tentative Parcel Map 2021-192 Tentative Parcel Map (TPM)2021-192 is proposed to correct and define the two (2) parcels on which the existing drive-thru dairy(Alta Dena)and the existing drive-thru donut shop (DK) are located. The Alta Dena and DK property was owned by a single property owner, and the two (2) businesses operated independently on the single lot. In the early 1990s, the property owner deeded the DK site to one (1) individual and the Alta Dena site to another individual through trust deeds. However, a parcel map would have been the correct instrument for the subdivision. As the property at 1062 Irvine Boulevard is now in escrow, DocuSign Envelope ID:E46A5468-8FF2-4C33-AFB3-3C9E2B694B8F PC Report November 9,2021 CUP 2021-0012, DR 2021-0010&SUB 2021-0003 Page 9 the properties need to be legally subdivided to allow for the sale of the property. The current property owners of the two (2)parcels desire to finally and definitively create two (2)separate parcels for 1062 Irvine and 1082 Irvine Boulevards under the provisions of the Subdivision Map Act and have agreed to this proposed project. Review by Outside Agencies In accordance with Sections 66453—66455.7 of the California Government Code (Article 3 of the Subdivision Map Act), the local agency (City of Tustin) is required to transmit one (1) copy of the proposed tentative map to other local agencies having jurisdiction. As such, a copy of proposed SUB 2021-0012/TPM 2021-192 has been routed to outside agencies having jurisdiction over or a title interest in the subject property for review and/or recommendations during a fifteen (15) day review period between October 21, 2021, and November 5, 2021. As part of the noticing for the TPM to applicable outside agencies, three (3) letters were received by Southern California Edison, The Gas Company, and the Irvine Unified School District (IUSD) during the public comment period (Attachment F). All three (3) agencies indicated that they had no objection to the proposed project. Design Review/Building Design Historic Assessment The existing drive-thru dairy building is of the Googie architectural style bom in Southern California, a modern architectural style that began in the 1950s, and was frequently used for coffee shops, gas stations, and other buildings, bringing the modern age to daily lives. The Googie architectural style featured bold colors, dynamic upswept roofs, and big arches. The prominent Googie feature of the Alta Dena Dairy building is the slightly elevated roof on each side of the building, supported by angled steel columns off the main structure, giving it a butterfly roof appearance. The existing building has been identified in the City's 2021 Historic Resources Survey as a rare example of an important automobile-oriented historic property type. This property was identified in the reconnaissance survey as a potential historic resource for its association with postwar residential development and its distinctive Googie architectural style. The survey description states that additional research and analysis is required to determine whether the property is eligible under local, state and/or national criteria (Attachment D, Department of Parks and Recreation Form 523A). Additional analysis has been prepared by Janus, an Orange County based historic preservation consulting firm (Attachment E). In summary, Janus has identified the character defining features of the site and ranked them in terms of their significance: • Highly significant features are those which are critical in authentically conveying the historic character of the property. Alterations to highly significant character defining DocuSign Envelope ID:E46A5468-8FF2-4C33-AFB3-3C9E2B694B8F PC Report November 9,2021 CUP 2021-0012, DR 2021-0010&SUB 2021-0003 Page 10 features should be avoided so as not to cause significant impacts to the historic character of the property. • Significant features contribute to the historic character of a property, but are less essential in preserving its overall historic character. Retention is generally preferred; however, removal, relocation or alteration of those features to accommodate the continued or new use of property may be acceptable after careful consideration has been given to the potential adverse changes. • Common features are those which are common to most buildings of this type and those elements for which the property does not rely on to convey its historic past. Alteration or replacement of common features will not result in significant adverse impacts to the historic character of the property. Non-significant features generally do not contribute to the historic character of the property and may be contemporary or transient in nature. The Janus report found that the following features on the site are highly significant: • Roadway pole sign • Rectangular, box-like form of the building • Storefront window (front, southwest facade) • Cold storage room door • Primary flat roof • Sloped drive-through canopies/fascia/support columns • Stucco cladding • Brick planter The project proposes to retain, protect and incorporate those character defining features of the property that have been identified as highly significant (Figures 5A-5D). Proposed Building Design The building's front (south) facade will remain largely unchanged, and the existing stucco cladding, cantilevered purlins/eave and fascia will be retained. The project would restore the existing brick cladding and raised planter. The project would remove the exterior cooler units and their associated enclosures and roll- up doors on the east/west facades of the building and infill several existing windows, service doors and patron entrances. The openings of the existing patron entrances will be filled in with customer service windows. The support columns will be retained and incorporated into the building's new use. The 139 square foot storage enclosure and the rear facade of the existing building would be demolished and a new 161 square-foot addition would be constructed in the same location, resulting in an increase of twenty-two (22) square feet. The existing enclosure is utilitarian in design and obscures the rear facade. The proposed addition will be finished in matching DocuSign Envelope ID:E46A5468-8FF2-4C33-AFB3-3C9E2B694B8F PC Report November 9,2021 CUP 2021-0012, DR 2021-0010&SUB 2021-0003 Page 11 stucco and concrete masonry block, and will feature a flat roof and a simple cantilevered trellis element above the rear door. Screened equipment will be placed on the roof of the new addition. Sloped Drive- thru Canopies d, IF a r +II o t �71 4 . i III "1 F �tx'Ta;�rs'�:r.tiT T-ffl vir 4-- -Mr_.,,e., Storefront _ Window Brick _ Planter Figure 5A: Building Rendering South (Front) Elevation Character Defining Features kA 41r, , Primary Flat Roof Concrete^ Paving ' .. F-TNW ,, �. • g r. r it Figure 5B Building Rendering North (Rear) Elevation Character Defining Features DocuSign Envelope ID:E46A5468-8FF2-4C33-AFB3-3C9E2B694B8F PC Report November 9,2021 CUP 2021-0012, DR 2021-0010&SUB 2021-0003 Page 12 I• 16 n 'Y Y`1 } Y 1 M Roadway Sign Figure 5C: Building Rendering East Elevation Character Defining Features - _ .aw�anRtu „vn ,m�: nNiu,,,�w'iiuiiuiiuutu.�a=�.,.Eu raxa , __ __. z_...I.. .r: Steel { Column Figure 413: Building Rendering West Elevation Character Defining Features The color palette of green, gray green and gray is proposed and the materials including stucco, plaster, block and wood and would reflect the colors associated with the future tenant at the site. (Figure 6). 238-02 :'rgt3 ..c SW 9166-PI SW 9165-P2 SW 7658-P3 SW 6755-P4 Drift of Mist Gossamer Vell Gray Clouds Starbpard Figure 6: Color and Materials Board DocuSign Envelope ID:E46A5468-8FF2-4C33-AFB3-3C9E2B694B8F PC Report November 9,2021 CUP 2021-0012, DR 2021-0010&SUB 2021-0003 Page 13 Landscaping The proposed landscaping plant material (Figure 7A and 713) includes color coordinated flowering and foliage plant material to enhance the project site. Landscaping and irrigation will be reviewed and required to comply with the City's Water Efficient Landscape Ordinance at the time of plan check review. New landscaping is proposed at the project frontage along Irvine Boulevard and in the drive- thru area. A 486 square-foot planter would be installed along Irvine Boulevard to partially screen headlights from the drive-thru lane. The applicant also proposes to restore the existing brick planter at the front of the building and add a new 456 square-foot landscape area adjacent to the front facade. a sijarp p Rwo Bulbinc F.HOAmofR' :.J5lrglgll WIOW Slolketl Bulbitle v, i .-`ice - - - A RGsrtwrinus o.HurAinglon Beoch' Ru 11.equlseM1brtnls '.t:ngla Creeping Roremtlry Rea Fsecr xl<er Warts _ern Coast Rosemary F IL Figure 7A: Proposed Plant Palette el. ' ' "Z Figure 7B: Landscape Plan DocuSign Envelope ID:E46A5468-8FF2-4C33-AFB3-3C9E2B694B8F PC Report November 9,2021 CUP 2021-0012, DR 2021-0010&SUB 2021-0003 Page 14 Signage In conformance with the TCC, a Master Sign Plan will be submitted to the Community Development Director for review and approval as indicated in Condition of Approval No.4.2. The project applicant intends to utilize the existing roadway pole sign by refacing it to reflect the new business. (Figure 8) 1,4 m. I� a > Figure 8: Existing Pole Sign to be Refaced for New Use Other proposed signage includes logo signage that would be placed on the east and west side of the proposed mechanical screen and directional signage that will be installed to guide customers through the site. To facilitate efficient customer service in the drive-thru lane, a menu/speaker board may be placed near the order/first pick-up window and in advance of the second drive-thru lane pick- up window. Condition of Approval No. 4.3 would allow the Community Development Director to review and approve future drive-thru signage for the subject coffee shop to accommodate future modification requests resulting from technological advancements and changing business needs. Environmental Review This project is categorically exempt pursuant to Section 15301 (Class 1) of CEQA and Section 15331 (Class 31)of CEQA as projects which conform to the Secretary of Interior's (SOI) Standards for the Treatment of Historic Properties are considered mitigated to below the level of significance and are therefore eligible for a Class 31 pursuant to Section 15064.5(b)(3) of the CEQA Guidelines. DocuSign Envelope ID:E46A5468-8FF2-4C33-AFB3-3C9E2B694B8F PC Report November 9,2021 CUP 2021-0012, DR 2021-0010&SUB 2021-0003 Page 15 CONCLUSION: Based on the findings provided, staff recommends the Planning Commission adopt Resolution 4442 (Attachment 1) approving CUP 2021-0012 and DR 2021-0010 to authorize the remodel and conversion of an existing 785 square-foot drive-thru dairy to a drive-thru coffee shop and SUB 2021-0003 to legally subdivide one (1) parcel into two (2) parcels, in accordance with the Subdivision Map Act. ,e—Docu Signed by: (�D�ocu SSiignedby: nn,,_ LlI/x 06w, Jv�lUu✓ at. oIXXA�-S�Yv�. 15DF594829AC4A0... ED45DA2623B54A5... Elaine Dove, AICP, RLA Justina L. Willkom Senior Planner Community Development Director Attachments: A. Location Map B. Land Use Application Fact Sheet C. Submitted Plans D. Department of Parks and Recreation Form 523A E. Historic Assessment Memorandum F. Outside Agency Comments G. 3D Renderings H. Traffic Operations Exhibit I. Resolution No. 4442 ATTACHMENT A LOCATION MAP Radius Map 1062 Irvine Boulevard APN: 500-101-08 TM -- LTf 1000 ft. 500 ft. O/ 10 300 ft. a qj ee a r 'u .. I .. j 300 ft, 500 ft,and 1000 ft Radius ATTACHMENT B LAND USE APPLICATION FACT SHEET LAND USE APPLICATION FACT SHEET 1062 IRVINE BOULEVARD 1. LAND USE APPLICATION NUMBER(S): DR-2021-0010; CUP 2021-0012; SUB 2021-0003 2. LOCATION: NORTH SIDE OF IRVINE BOULEVARD, APPROX. 300 FEET EAST OF THE IRVINE BOULEVARD AND NEWPORT AVENUE INTERSECTION 3. ADDRESS: 1062 IRVINE BOULEVARD 4. LOT: TRACT 361, LOT 1 5. APN: 500-101-08 6. PREVIOUS OR CONCURRENT APPLICATIONS RELATING TO THIS PROPERTY: N/A 7. SURROUNDING LAND USES: NORTH: COMMERCIAL SOUTH: COMMERCIAL EAST: COMMERCIAL WEST: COMMERCIAL 8. SURROUNDING ZONING DESIGNATION: NORTH: RETAIL COMMERCIAL (Cl) SOUTH: RETAIL COMMERCIAL (Cl) EAST: RETAIL COMMERCIAL (Cl) WEST: RETAIL COMMERCIAL (Cl) SURROUNDING GENERAL PLAN DESIGNATION: NORTH: COMMUNITY COMMERCIAL (CC) SOUTH: COMMUNITY COMMERCIAL (CC) EAST: COMMUNITY COMMERCIAL (CC) WEST: COMMUNITY COMMERCIAL (CC) 9. SITE LAND USE: EXISTING PROPOSED A. EXISTING: DRIVE-THRU DAIRY DRIVE-THRU COFFEE SHOP B. GENERAL PLAN: CC SAME C. ZONING: Cl SAME DEVELOPMENT FACTS: 11. LOT AREA: 10,585 SF (.243 ACRE) NO CHANGE 12. BUILDING LOT COVERAGE: EXISTING .08 PROPOSED .08 13. SITE LANDSCAPING: N/A APPROX 1,000 SF 14. PARKING: EXISTING: ZERO PARKING SPACES (DRIVE-THRU ONLY) PROPOSED: SIX (6) EMPLOYEE PARKING SPACES 15. BUILDING HEIGHT: REQUIRED: TWO STORIES OR 35 FEET PROPOSED: EXISTING-ONE STORY 16. BUILDING SETBACKS FRONT: REQUIRED: NONE EXISTING/PROPOSED: TWENTY-FIVE FEET (25') INTERIOR SIDE YARD: REQUIRED: NONE EXISTING/PROPOSED: THIRTY-FIVE FEET, SIX INCHES (35'-6") REAR: REQUIRED: NONE EXISTING/PROPOSED: THIRTY-FIVE FEET (35') ATTACHMENT C SUBMITTED PLANS Q � a U w Lu N v zyC)- E 0 � > ryJ = m �- w W L 7 z Q > J Z d > W d — O z J 00 0 W ZWQ COO N 0 J � 0w wQ Q (C) LU Z F— z cnQ � � � ZU O W Z J Q Z F— W Z Z LLJ O > Z (n — �/� W U) J � � QWF- � — � /1 W LU F- F- � OLU-1OWQ� J O = F— c 5 IL O� W U F— d Q n < U) — N M � LO cfl ti oo a7 C) 0 0 0 0 0 0 0 0 Oz 0� O 0. 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J� O 0000000000 l I _— 11 W= � \ h� h= Rm 4` 00= g 4R Or I W a � to }� 1 4 \� J J o s/ , a z q o a , a 5 �a a 0 o p :0 i noN 5581-LB6-SOBN�Xtl3 S96f�L86-508 YINN03nYJ 30 31tlLB')JNYNO 30 AINNOJ'NI181r1 10 ALIJ 3Hl NI aBA/no°sem`""os oN'oniezvaHn3r"e°a"oliiv"s°el NI1901 '(78YA37008N3NIA211�Z901 J w o 3nra0N1 OfI4 •9N1'0NIN33NIJN3 Ntl3d 3079 �3n�nS 3111 ONM •S•d•S•N/•`d•1•�•`d ¢ 9- \� ng ¥^ s ��a�� dao k R WE a m'sa��,��ss�"s � 40 . �sggid . ° s � ol A .- g a � > s PR a ale o '1 an d �, � a ...,_'�_,_ k" s 6 g ox I mai s Via. a R €O � Pa -PVjPj ss o k J g Zai Y3,s� �s$ m x dogs $u � \Z 2s F �W"s: sTaaba IMP ar,3 « oapaa i g =mag =8 a r-s 22 ms '`4 s m m �M-RA"I ��s� oPx�, per; E� a .ou6so=v kY 5 a _F__ oust s.co.aror--_ `,`,m� `�'k€k�Y�g£"•�y a 5� amn a xoar ` Mn N s0 ki t z Ydd4241�3`sa''S&;- Y lip #� \ g< 30N34V 1210dM3N e iZ g x ra haw � o 2 - w W a it Fv R a -�•``'a ` ask � - eS �� s' a�� - a ��� -- 9 g Ma gyp; g 8� _ W� W i�z=o II .oi tia��aw_ c 4��o aM? H w sit all LOL il!I Q a Mot; - pug LPL cn h"ll W CD � w o i !m his Im 11h i O = I tip W _ so" Nfa low lot orply Ha o � l.d W a pz eh I!"" ? I!" op -. oQ W� w WoG O J �g ,,¢ -m opo SINal o� _ QH^m�==¢rQp�" N gr ; �w op ohp sz o � I I \� i4 - oe --- NNNJAV 1N10AJN 8B/!"W"W 08115 3NL1 NI ZI X7016'L LO1 3N11 A1MN J ATTACHMENT D DEPARTMENT OF PARKS AND RECREATION FORM 523A State of California---The Resources Agency Primary# DEPARTMENT OF PARKS AND RECREATION HRI PRIMARY RECORD Trinomial# NRHP Status Code 711 Other Listings Review Code Reviewer Date Page 1 of 1 *Resource Name or#(Assigned by recorder) 1062 Irvine Boulevard P1. Other Identifier: Kimer's Alta Dena Dairy *P2. Location: ❑ Not for Publication ® Unrestricted *a. County Orange and(P2c, P2e,and P2b or P2d.Attach a Location Map as necessary.) *b.USGS 7.5'Quad Date T ;R %of %of Sec B.M. c.Address 1062 Irvine Boulevard City Tustin Zip 92780 d. UTM: (Give more than one for large and/or linear resources)Zone mE/ mN e. Other Locational Data: (e.g.,parcel#,directions to resource,elevation,etc.,as appropriate) APN 50010108 *133a. Description:(Describe resource and its major elements. Include design,materials, condition,alterations,size,setting,and boundaries) The Kimer's Dairy Alta Dena Dairy Products building is rare extant example of an important automobile-oriented property type. This property was identified in reconnaissance survey as a potential resource for its association with postwar residential development and its distinctive Googie architectural style.Additional research and analysis is required to determine whether the property is eligible under local, state, and/or national criteria. *133b. Resource Attributes: (List attributes and codes) HP6. 1-3 story commercial building *P4. Resources Present: ®Building ❑Structure ❑Object ❑Site ❑District ❑Element of District ❑Other(Isolates,etc.): *P5a. Photograph or Drawin Photograph required for buildings,structures or objects) P5b. Description of Photo: (view, nn ,,, date,accession#) Kimer's Alta Dena Dairy, view east (ARG 2021) *P6.Date Constructed/Age and Sources: ®Historic ❑Prehistoric ❑Both 1960 (Tustin News) *P7.Owner and Address: Not Recorded *P8.Recorded by: Name, affiliation,and address) Mary Ringhoff, Rosa Lisa Fry, Architectural Resources Group, 360 E. 2nd Street, Suite 225 Los Angeles, CA 90012 *P9.Date Recorded: 03/02/2021 *P10.Survey Type: (Describe) ® Intensive ❑ Reconnaissance *P11. Report Citation: (Cite survey report and other sources or enter"none.") ARG, "City of Tustin Citywide Historic Resources Survey Update Report" (prepared for the City of Tustin, 2021) *Attachments ® NONE ❑ Location Map ❑Sketch Map ❑Continuation Sheet ❑ Building, Structure&Object Record ❑Archaeological Record ❑ District Record ❑Linear Feature Record ❑ Milling Station Record ❑Rock Art Record ❑Artifact Record ❑Photographic Record ❑Other(List) DPR 523A (1/95) *Required Information ATTACHMENT E HISTORIC ASSESSMENT MEMORANDUM MEMORANDUM FOR THE RECORD 1062 Irvine Boulevard IIII,I�I 77 La JAN US preservation I design I planning 29 September 2021 JANUS 11120 north granada drive I orange,california 92869 1714.299.0330 1 www.janusconsultants.com JANUS preservation I design I planning EXECUTIVE SUMMARY This Memorandum of Record summarizes the project assessment for the proposed redevelopment of 1062 Irvine Boulevard (Assessor Parcel No. 500- 101-08), City of Tustin, County of Orange, California. Through preliminary survey, the property was recently identified as possessing potential historic significance by the City of Tustin. As such, the property may be considered a historical resource pursuant to the California Environmental Quality Act(CEQA) Guidelines Section 15064.5(a). Generally, projects which conform to the Secretary of the Interior's Standards for the Treatment of Historic Properties (SOI Standards) are considered mitigated to below the level of significance and are therefore eligible for a Class 31 Categorical Exemption under CEQA (Section 15064.5(b)(3) of the CEQA Guidelines). To ensure that the proposed project does not cause substantial adverse changes to a potential historic resource pursuant to Section 15064.5(b) of the CEQA Guidelines, the proposed project seeks to comply with the (SOI Standards). JANUS, an Orange County based historic preservation consulting firm was retained by the project applicant to complete an assessment of possible adverse impacts associated with the proposed rehabilitation of the potentially historic property. Based upon our review of the proposed rehabilitation plans, JANUS has found that the currently proposed adaptive reuse/rehabilitation is in general conformance with the SOI Standards. In addition, JANUS has provided recommendations where modifications may be made to the proposed scope of work and/or project documents to bring the project into greater conformance with the SOI Standards, so as to reduce potential impacts to the historic character of the property. Robert Imboden,Associate AIA Principal, JANUS JANUS 11120 north granada drive I orange,california 92869 1714.299.0330 1 www.janusconsultants.com JANUS 11120 north granada drive I orange,california 92869 1714.299.0330 1 www.janusconsultants.com METHODOLOGY In order to assess the proposed rehabilitation, and to inform the design of the proposed project and its compliance with the SOI Standards, JANUS conducted an evaluation of the site to identify the character-defining features of the property which are significant in defining the physical appearance and historic character of the property. Numerous site visits were conducted between June 2020 and August 2021,where the condition of the building and the site was documented and ascertained. Upon completion of that evaluation, JANUS Principal, Robert Imboden compiled a list of character- defining features for both the site and building exterior. The evaluation also assessed the proposed treatments of those character-defining features. Additionally, research was conducted by JANUS Senior Architectural Historian Krista Nicholds, in order to prepare a brief history of the property. JANUS' research methodology included review of the building permits on file with the City of Tustin, and conducting online research using archives and newspaper repositories. Robert Imboden meets the Secretary of the Interior's Professional Qualifications Standards in the fields of Architectural, Architectural History and History. Krista Nicholds meets the Secretary of the Interior's Professional Qualifications Standards in the fields of Architectural History and History. HISTORIC CONTEXT IRVINE BOULEVARD Beginning in the late nineteenth century,Tustin was part of the citrus-growing region that made up much of Orange County at the time. Prior to its development, the subject property served as an active citrus grove situated to the west of the original town center.Early aerial photographs show the neat rows of what were likely Valencia orange trees and a packing plant nearby. [Figure 1] Page 1 of 20 JANUS 11120 north granada drive I orange,california 92869 1714.299.0330 1 www.janusconsultants.com w ...r s Irk, •�+r, ♦ J� Figure 1. In this aerial image from 1952, the subject property is roughly at the center of the photograph. It's believed that the buildings in the lower left corner are packing facilities.The road that bisects the photograph is today's Newport Boulevard.Source:historicaerials.com By the 1940s though, Tustin's agricultural activities were giving way to increased urban development,with the change rapidly accelerating after the Second World War. The subject property retained its agricultural purpose at least until 1952. The residential neighborhoods surrounding the property were developed beginning in the late 1950s and Irvine Boulevard was becoming established as a commercial district.' By 1960, 1062 Irvine Boulevard was still adjacent to orchards but was now a feature in the modern commercial landscape.2 [Figure 2] Guy Ball,historian and author,interview by email,Thursday,August 5,2021. 2 JANUS has not been able to date the land use of the subject property prior to 1946.The available Sanborn Fire Insurance maps for Tustin date to 1895 and show only the original town platting. A request made to OC Archives for a tract map and assessor records has been made but remained unfulfilled at time of writing. JANUS has not identified a firm date of construction for the subject building.The City of Tustin has indicated that it possesses no records of building permits associated with the property except in 1987 when a sign was changed. Page 2 of 20 JANUS 11120 north granada drive I orange,california 92869 1714.299.0330 1 www.janusconsultants.com s 1' w AL Figure 2.This aerial image from 1960 shows the building at 1062 Irvine Boulevard,Tustin.Citrus groves are in retreat by this time but have not disappeared altogether.Source:County of Orange. THRIFTY DAIRIES In July 1960, Thrifty Dairies opened a drive-in retail store at 1062 Irvine Boulevard.3 [Figure 3] The store sold a variety of dairy products and some foodstuffs, boasting a three-cent popsicle in local newspaper advertisements.4 The store's owner and operator was Anaheim resident, Harold Lorton. In early October of the prior year, Lorton had also opened a Thrifty Dairy in Orange (309 N. Tustin Avenue) with a partner, Joe L. Simas Sr.5 Lorton and Simas had been long time dairy farmers and kept a herd of cattle on a property near the intersection of 17th Street and Newland where they produced milk for sale in their stores.6 Thrifty Dairies' advertisements from the period stated, "We have our own dairy."7 3 Thrifty Dairies was not found to be associated with the large chain of drug stores and ice cream counters known as Thrifty Drug Store(and Thrifty ice cream(. 4Advertisement,Tustin News,July 7, 1960. 5"Thrifty Dairies to Hold Opening,"Orange Daily News,September 30, 1959. 6"Thrifty Dairies to Hold Opening," Orange Daily News,September 30, 1959. 7 Advertisement,Tustin News,October 20, 1960. Page 3 of 20 JANUS 11120 north granada drive I orange,california 92869 1714.299.0330 1 www.janusconsultants.com The Thrifty Dairies may have been a chain of franchised stores, as in 1962, it was reported that Martin Rice took over the Tustin store as a franchise owner.8 In July 1963, however, the location at 1062 Irvine Boulevard acquired a new business name: Friendly Quality Dairy. [Figure 4] It is not known if Lorton or Simas �I�i�l I I�� INI IVII � I IIA III�II U�4�: m� �a 4 i a� .. . is •r. .... ,. r. , i Figure 3. Original operator of Tustin's Thrifty Dairies,Harold Lorton, stands second from left in this photograph published on opening day.The unique roofline of the building is evident.Source:Tustin News,July 7, 1960. were involved with this business.The subject building went on to be Rockview Dairy and was eventually associated with the large dairy company, Alta Dena. [Figure 5] 8"Martin Rice New Operator Here of Thrifty Dairies,"Tustin News,September 6, 1962.The short article states that the new Tustin operator was a franchisee announced by Harold Lorton, "executive of the chain." Page 4 of 20 JANUS 11120 north granada drive I orange,california 92869 1714.299.0330 1 www.janusconsultants.com FRIENDLY QUALITY DAIRY Form— , 1062 orm- 1062 IRVINE DRIVE TU5TIN JULY 13 14 15 16 SAT. SUN. MON. TUES. ,SAYE! GRADE A 1 OMOGENLZED MLLK HOME CE pe OUR PRICE 92 , r Our milk is locally produced from our awn hard and dobverad haA daily to our share mo give you the #roast in quality and freshness. GRAND OPENING e10% SPECIALS — Chocolate Drink qal. 35c FARM FRESH TO YOU ! r 1001; Pure ORA., 59C Fi FAN'.!! Doliciou.% Parry Tan, T' N-li 19C 7 -AHGE 212 do- i 7: Richnuid Ice Cream , gal. 49c ' MED. 2111 d*L F All Flavors r 9 r ars rr mai r+n r4�+ Pioce&r.ed Anwricmm Chocao 2 ib. p, LJ Roth Prerniurnv t ltsae d 23 716* BACON �.� .. w 55c � ,. �, 0110 •m.. FRIENDLY DUALITY DAIRY 't. TO S TRUSTER V".S TCk]". ',' ER QUALITY IS OUR w "%mc- Figure 4. Advertisement announcing the opening of Friendly Quality Dairy at 1062 Irvine Boulevard,Tustin,on July 11, 1963.Source:Tustin News,July 11, 1963. Page 5 of 20 JANUS 11120 north granada drive I orange,california 92869 1714.299.0330 1 www.janusconsultants.com ]RockDiew F FRESH MILK i Figure 5. This photo from the City of Tustin building records for 1062 Irvine Boulevard is un-dated but it's known that at least by 1979,the subject property was a Rockview Dairy store.Source: City of Tustin and Tustin News,July 12, 1979. DRIVE-THRU DAIRIES The first "drive-thru" dairy in Tustin is said to have been the Santa Ana-based CalVa Dairy. It was originally located at the corner of 17th Street and Yorba Avenue.9 Some contend that the first company to introduce the drive-in dairy in Southern California was Alta Dena, founded in Monrovia in 1945. The daughter of the company's founder claimed that her father established their first drive-thru dairy in 1951 because he "saw that in California, cars were becoming more and more important. He thought it would be a good service to give people a place to get their basics without having to get out of their cars."10 The emergence of drive-in restaurants and theatres in the 195Os reflected the popularity of the automobile. Drive-thru or drive-in dairies were one of the many new building types and businesses created in response to the proliferation of the automobile and the wide-spread embracement of car 9 Juanita Lovret,"Recalling Tustin's Old Dairies,"Orange County Register,October 9,2013 https://www.oc register.com/2013/1 0/09/rec a I ling-tustins-old-d airies/ 10 Valerie J.Nelson,"Harold Stueve,88;Farmer Founded Alta Dena Dairy With 2 Brothers in 1945," Los Angeles Times,August 10,2006 https://www.latimes.com/archives/la-xpm-2006-aug-l0-me- stueve 10-story.html Page 6 of 20 JANUS 11120 north granada drive I orange,california 92869 1714.299.0330 1 www.janusconsultants.com culture in the United States in the twentieth century. The drive-in model decentralized service delivery, and the milkman was eventually replaced by the drive-in dairy and suburban supermarkets. [Figure 6] The format was given a boost in the early 1960s when government regulations were softened and producers were allowed to sell their milk at a discount if sold on the same property where it was produced." 9 ry N✓ . d r m � �• "M�bw. � bey "'� •' ,. ba. N Z Figure 6 Image of Martin Rice and drive-in customer picking up milk at Thrifty Dairies, 1062 Irvine Boulevard,Tustin.Source:Tustin News,September 6, 1963. As if describing the evolution of Orange County and the Tustin Thrifty Dairies store, one observer has said of the Alta Dena drive-in dairies that the "shops began as outposts located near pastureland that comprised L.A. County's remarkably productive dairy industry, and gradually became integrated into the new residential and commercial clusters that sprang up during L.A.'s twentieth century boom periods." 11 Jessica Ritz,"Grab a Pint:Alta Dena Dairy Drive-Thrus," KCEf,November 20,2013 https://www.kcet.org/food-discovery/food/gra b-a-pint-a lta-dena-da iry-drive-thrus Page 7 of 20 JANUS 11120 north granada drive I orange,california 92869 1714.299.0330 1 www.janusconsultants.com PROPERTY DESCRIPTION The subject property(1062 Irvine Boulevard),is located approximately 1.2 miles northeast of downtown Tustin. The 0.243-acre lot is situated within a small cluster of parcels bound by Newport Avenue (northwest),Old Irvine Boulevard (northeast) and Irvine Boulevard (south). [Figure: 7] The property is accessed from dual drive aprons located along both Irvine and Old Irvine Avenues.The adjacent and surrounding properties are primarily commercial/retail in use, With much of the development dating from the mid-to late 20th century. J� ZZ^^ � a a 10/ r Figure 7. Orange County Tax Assessor's Parcel Map A roadway sign is positioned along the Irvine Boulevard entrances. The property's landscaping is limited to a small planting area located directly beneath the roadway sign. [Figure 8] The front/south fagade (facing Irvine Boulevard) features a large, aluminum- sash, fixed-glass storefront window, framed in wood. A low masonry (raked, clay brick) planter spans the front fagade,just beneath the storefront window. Exposed wooden purlin beams with angled ends cantilever from the building, supporting a modest roof overhang above. Page 8 of 20 JANUS 11120 north granada drive I orange,california 92869 1714.299.0330 1 www.janusconsultants.com f�A�Fr�Y 11..E P k p Figure 8. View of 1062 Irvine Boulevard with roadway sign(facing north(. I Ir Figure 9. East Facade 1062 Irvine Boulevard. Page 9 of 20 JANUS 11120 north granada drive I orange,california 92869 1714.299.0330 1 www.janusconsultants.com To better serve the drive-through aspect of this property, the east and west (side) fagades feature large openings with no fenestration, providing the public direct and immediate access to the store interior. [Figures 9 and 10]The large remainder of the northeast and southeast fagades are currently obscured by glass-front coolers, positioned against the exterior walls. The coolers are housed within wood-framed/paneled enclosures. Large roll-up, industrial-style doors enclose both the coolers and the public entrances when the business is closed. IL Figure 10. West Fagade 1 1062 Irvine Boulevard. Much of the rear (north) fagade (facing Old Irvine Boulevard) is currently obscured by a utilitarian enclosure, constructed of masonry (concrete block) and wood frame sheathed with vertical-groove plywood siding.The enclosure has a sloped, shed-type roof, finished with common tab asphaltic shingles. [Figure 1 I] Page 10 of 20 JANUS 11120 north granada drive I orange,california 92869 1714.299.0330 1 www.janusconsultants.com jNt t `Itnii ,�r,u� r� .� r�r�r�yo.:. •i a •.r,`,a s� t.<.;, , I„ yy Figure 11. North facade 1 1062 Irvine Boulevard. CHARACTER-DEFINING FEATURES The "character" of an historic property refers to both the physical features and visual aspects which contribute to its appearance (i.e.,setting,form and fabric),as well as those elements which help to convey the property's unique past. The identification of a property's character-defining features is paramount in the consideration of proposed treatments, so as to avoid the alteration or removal of those features which may ultimately result in adverse change or diminishment of the property's historic character. In its review of the subject property, JANUS has identified those features which are character-defining, and ranked them in terms of their significance. Highly Significant: Those features identified as being highly significant are those which are critical in authentically conveying the historic character of the property. Most often, highly significant character-defining features are original to the period of construction and/or those which are essential to preserving historic identity of a property. Alterations to highly significant character-defining features should be avoided,so as to not cause significant adverse impacts to the historic character of the property. Page 11 of 20 JANUS 11120 north granada drive I orange,california 92869 1714.299.0330 1 www.janusconsultants.com Significant: Those features identified as being significant contribute to the historic character of a property, but are less essential in preserving its overall historic character. While the retention of significant character-defining features is generally preferred, the removal, relocation or alteration of those features in order to accommodate the continued or new use of property may be acceptable, but only after careful consideration has been given to the potential adverse changes. Common: Those features which are common to most buildings of this type, and those elements for which the property does not rely on to convey its historic past.The alteration or replacement of common features (generally in limited amounts), will not result in significant adverse impacts to the historic character of the property. Non-Significant: Those features which are non-significant generally do not contribute to the historic character of the property.Most often those features which are non-significance consist of later alterations or those which may be contemporary or transient in nature. In review of the property, JANUS has identified those features which are highly-significant,significant and common. Character Defining Features: Site Feature Ranking Asphalt paving Common Concrete Paving (under drive-thru canopies) Significant Roadway Sign Highly Significant Landscape/Plantings Common Page 12 of 20 JANUS 11120 north granada drive I orange,california 92869 1714.299.0330 1 www.janusconsultants.com Character Defining Features: Building Feature Ranking Rectangular, box-like form of building Highly significant Masonry/wood enclosure (rear/northeast fagade) Common Openings Storefront window(front/southwest fagade) Highly significant Customer entrances (side/northwest/southeast Significant fagades) Cold-storage room door (exterior) Highly Significant Service doors/windows Common Primary flat roof Highly significant Sloped drive-through canopies/fascia/support columns Highly significant Stucco cladding Highly significant Brick planter Highly significant In general, JANUS recommends that the proposed project: • retain, protect and incorporate those character-defining features of the property identified as highly-significant, • where feasible, retain, protect and incorporate the characfer- defining features of the property identified as significant which do not reasonably prevent the continued and/or new use of the property, • remove or replace those items identified as common as needed where doing so improves the long-term use and preservation of the property, • remove and/or replace those items identified as non-significant, particularly in cases when doing so improves the historic integrity of the property. Page 13 of 20 JANUS 11120 north granada drive I orange,california 92869 1714.299.0330 1 www.janusconsultants.com DESIGN REVIEW SITE The proposed project includes removal of the existing landscape and surface paving (asphalt) which currently covers the large majority of the site. The rehabilitation of the site will include the addition of a new electrical transformer and trash enclosure, as well as new hardscape and landscape features to accommodate the proposed use, and to conform with current commercial developmental standards. Delineated parking spaces and paths-of-travel will also be added to the newly paved surfaces,along with site signage and raised curbs at the landscape areas. The existing road way sign will be retained,with new signage faces installed to reflect the proposed tenancy of the property. The reuse of the existing roadway sign pole in its existing location preserves that important character defining feature. The proposed surface paving of the site Will not radically alter its character, as an early aerial photograph of the property suggests that the majority of the site was paved with very minimal landscaping since it was initially developed. [Figure 2] The proposed redevelopment of the property does include a new, free-standing trash enclosure and also introduces additional landscape/hardscape features that did not exist historically. JANUS is of the opinion however, that the proposed changes are both low in scale and minimal in nature, and will not visually alter the property so radically to significantly diminish its historic character resulting in an adverse impact. BUILDING I SOUTH FAgADE [front] Although the proposed adaptive reuse/rehabilitation of the subject property does involve a number of alterations to the existing building, the continued drive-through component of the new use allows for the retention of many of the exiting components The building's front (south) fapade will remain largely unchanged, with the existing stucco cladding, cantilevered purlins/eave and fascia all being retained. [Figure 12] The project includes removal and replacement of the existing fixed, aluminum sash storefront window. Also proposed is limited repair/replacement of the existing brick cladding and raised planter box. Page 14 of 20 JANUS 11120 north granada drive I orange,california 92869 1714.299.0330 1 www.janusconsultants.com The existing aluminum-sash storefront window is in poor condition and will be replaced. The existing clay-brick planter and wall-cladding is also deteriorated, and will be partially disassembled and reconstructed to restore the appearance of those features. [Figure 13] 9�wa� F > so;_ e N " Figure 12.Detail view of South Facade with cantilevered purlins and storefront window. t Figure 13.Detail view of brink planter at south facade. Page 15 of 20 JANUS 11120 north granada drive I orange,california 92869 1714.299.0330 1 www.janusconsultants.com The proposed changes to the front (south) fagade conform with the SOI standards in that the project will retain the existing stucco cladding, purlins, eaves and fascia at the primary fagade.The existing brick cladding and raised planter box will be retained and restored, re-using the existing materials. The existing storefront window is too deteriorated to be serviceable for the proposed new use, and will be replaced with a new fixed window unit closely resemble the existing in its size, material and glazing pattern.The new window will be set into a minimal wood frame closely matching the existing condition. JANUS recommends that if replacement brick is required to complete the restoration of the cladding and raised planter box,that the new material match the existing in material,size,color and texture.In the event that an appropriate replacement material cannot be sourced, JANUS recommends that the new material be used in locations least visible (i.e., lower portion of wall cladding) when complete. BUILDING I EAST AND WEST FAgADES [sides] The proposed project also includes removal of the exterior cooler units and their associated enclosures and roll-up doors from the east and west fagades of the building. The project also proposes infilling of several existing windows, service doors and the large patron entrances. The openings of the existing patron entrances will be infilled with customer service windows. The area located directly beneath the service windows, will be recessed one inch in depth from the adjacent fagade wall. The drive-through canopies and their distinctive support columns will be retained and incorporated into the building's new use. The proposed changes to the east and west fagades generally conform with the SOI standards in that the project will retain the existing stucco cladding, drive through canopies,fascia,support columns/beams and concrete paving. The existing cooler units, their enclosures and roll-up doors will be removed as part of the project.This change will significantly contribute to the restoration of the east and west facades,as currently they are largely obscured from sight. The project also includes the addition of one new window at the both the east and west fagades near the rear of the building. Page 16 of 20 JANUS 11120 north granada drive I orange,california 92869 1714.299.0330 1 www.janusconsultants.com � 6 s i I Figure 14.Exterior coolers,enclosure and roll-up doors. The SOI Standards generally encourage the retention of openings (doors and Windows) in historic buildings which contribute to the historic character of the building. In cases where changes to the existing openings are required for a building's continued or new use, if is encouraged that such changes be carried out on secondary or tertiary fagades whenever possible. Three of the existing openings (two patron entrances,cold storage room door) were identified as being highly significant in that they recall the original historic use of this building.As was typical with most drive-through dairies in the region, the building was originally designed with large openings providing immediate access info the inferior retail space.This arrangement allowed the automobile to essentially drive info the diary, and is reflective of the rise of automobile culture and its impact on roadside architecture. The existing exterior cold- storage door and its distinctive hardware,reveal the historic use of the building and the need for refrigeration to preserve the merchandise. The two patron entrances located on the east and west fagades will be infilled using wide service/observation windows with a clear anodized aluminum finish to match of the storefront window at the front(south) fagade.The wall directly beneath the service windows,will be finished in stucco to match the adjunct Page 17 of 20 JANUS 11120 north granada drive I orange,california 92869 1714.299.0330 1 www.janusconsultants.com fagade, but will be recessed one inch from the existing facade. The transparency of the proposed windows, along with the offset portion of the wall below will provide demarcation of the original full-height patron entrances. The existing cold room door located on the west fagade will be retained at the west fagade in its current location. As the buildings new use does not require an entrance at this location,the door will be non-functioning. JANUS recommends that in order to provide greater differentiation of the area below the service windows,that the stucco cladding at this location be finished using an alternate texture (raked,smooth, etc.). The proposed rehabilitation of the building includes the removal of other service doors and windows at the east and west facades. Those openings (service doors and windows) are utilitarian in nature and do not directly convey the historic use of the property. As such, JANUS is of the opinion that proposed the modification of those features would not significantly diminish the building's historic character, nor create an adverse impact. The two new windows/openings are both minimal in their design and size,and are also in keeping the existing scale and proportions of the building. Finished With clear anodized aluminum frames, the windows will be complimentary to those located elsewhere on the building. Due to their limited number, size, locations,as well as their compatible finish,the proposed newwindows will not cause any significant adverse impacts to the historic character of the building. BUILDING I NORTH FAgADE [rear] The proposed rehabilitation includes demolition of the 139 square-foot storage enclosure and the rear (northeast) fagade of the existing building.The project also includes the construction of a 161 sq.ft addition in the same location.The proposed demolition and additions result in a net increase of only 22 square feet.The existing storage area differs in style and construction from the primary building and appears to be an addition to the original drive-through dairy building. Its design is utilitarian in character,and fully obscures the rear fagade. The proposed addition will be finished with matching stucco and concrete masonry block, and will feature a flat roof and simple cantilevered trellis Page 18 of 20 JANUS 11120 north granada drive I orange,california 92869 1714.299.0330 1 www.janusconsultants.com element above the rear door.Screened HVAC equipment will be placed upon the roof of the new addition. ,t s i. Figure 15.Existing enclosed storage area at rear of building(proposed for demolition(. The rear(north)fagade is currently obscured by the existing storage enclosure. Because the added storage area does not contribute to the historic character of the building, its proposed demolition does constitute any adverse impacts. The proposed addition is similar in size to the existing storage enclosure. Abutting the exterior of the cool storage area, the rear fagade is utilitarian in its character, and is thus considered a tertiary fagade. While additions to primary fagades of historic buildings are typically discouraged, appropriately designed additions which are compatible with historic building are generally acceptable at secondary/tertiary fagades.While the loss of historic fagades is also discouraged, the SOI Standards recognize that some loss is expected where new additions connect to the existing building. The proposed addition is subordinate to the existing building both in its height and in its use of a flat roof.The use of concrete clock for the majority of the addition also confirms to the SOI Standards in that it provides a clear distinction between the existing building and new construction. The proposed, roof-mounted HVAC Page 19 of 20 JANUS 11120 north granada drive I orange,california 92869 1714.299.0330 1 www.janusconsultants.com equipment will be placed upon the roof of the addition,so as to maintain the appearance of the original drive-through dairy. CONCLUSION While JANUS concludes that the proposed rehabilitation of the existing drive through dairy is in general conformance with the SOI Standards, JANUS suggests that additional consideration be given recommendations provided within this memorandum. JANUS also recommends that the project's construction documents/ construction drawings note the existing as-built conditions, clearly indicating the intended construction treatment and materials for all character-defining features of the site and building, and that the projects demolition plans clearly delineate the scope of demolition. Comments or questions regarding the contents of this memorandum may be directed to JANUS Principal, Robert Imboden. Robert Imboden,Associate AIA Principal, JANUS attachments: Sheet 02 Site Plan[dated 09.24.2021] Sheet 03 Floor Plan[dated 09.21.2021] Sheet 05 Elevations[dated 09.24.2021] Page 20 of 20 JANUS 11120 north granada drive I orange,california 92869 1714.299.0330 1 www.janusconsultants.com JANUS 11120 north granada drive I orange,california 92869 1714.299.0330 1 www.janusconsultants.com I N m 5 � O � ON. s � � U c—q� \ < U � z � e � Q LL o R cn \ CO o \ \ B � 0 W \ w � o a C0-1 a e i 0 0 \ a N w � e w ¢ a z z \ 0 Y OT �I Jl x �7 0 o o ` r- yz �I W Q 0 - Nm \ o d L u- -Miq �o N nj �O U � of N J NO O LO J O ;LN W (0 U O N m co m O Ln Z H x 4 oU r �mtV LU—) r, s` O m t QD H a- :�E H C)n I M 5 � 0 U LU 3 S 2 � a s o R a s $ a e OOOOOOOOOOOOOO LL o o � d 0 0 0 0 0 � ninon ioaroa� o � �ElfHill — m 0 \ 00 J f- b= N Hill g m � -- O O W Q ZU O N (n 0 N O I` O (O N J NO 6 J <D (N i cd � U � w f6 U � Nm a- N (=om N 7 N F– xv O m N w m -C V LU—) � 0 H w H O w I LO Z m 5 � O 0 R LLI 2 s U Z m,s o R Q z ° -- o El w= �p H _ - 0 0 0 0000000 I °�� o w a s � N-11 o OOOO O OOOOOO w J r C W Q o Z U > Z g M - - d o j - o EDo4" Q� Q� N� �Q w� �N a s �- - a 0 N O 101 fD O J CN O N O LO i N N U W (0 UO co N O O _ COV o 7 N N pj H X v o V c0 N W }r m V LU C �r IE o Of H o H H Of m a- ATTACHMENT F OUTSIDE AGENCY COMMENTS IRVINE UNIFIED SCHOOL DISTRICT CONSTRUCTION AND FACILITIES 2015 Roosevelt,Irvine,California 92620 a 949/936-5306 e FAX 949/936-5329 a www.iusd.org October 27, 2021 VIA EMAIL: EDove@tustinca.org City of Tustin Community Development Department Elaine Dove, AICP, RLA Senior Planner 300 Centennial Way Tustin, CA 92780 Subject: SUBDIVISION 2021-0003/TENTATIVE PARCEL MAP (TMP) 2021192; CONDITIONAL USE PERMIT(CUP) 2021-0012; DESIGN REVIEW (DR) 2021-0010 Dear Ms. Dove: The Irvine Unified School District (IUSD) has received the City of Tustin's Subdivision 2021-0003/ Tentative Parcel Map No. 2021-192 (attached) for the proposed conversion of a drive-thru dairy to a drive-thru coffee shop on a site with an existing historic resource. After reviewing the Parcel Map and the project location, we have determined the project falls outside of IUSD boundaries.Therefore,the District has no comments to submit. Thank you for providing IUSD with the opportunity to review the project. Please feel free to contact me at (949) 936-5305, if you have any questions. Sincerely, Kelvin Okino Executive Director, Facilities and Construction Irvine Unified School District Attachment cc: Jesse Barron, IUSD (with attachment) Robert Ramirez, IUSD (with attachment) File BOARD OF EDUCATION PAUL BOKOTA/ LAUREN BROOKS / IRA GLASKY / SHARON WALLIN / CYRIL YU TERRY L.WALKER,Superintendent of Schools JOHN FOGARTY,Assistant Superintendent,Business Services l BRIANNE FORD,Chief Technology Officer EAMONN O'DONOVAN,Assistant Superintendent,Human Resources/CASSIE PARHAM,Assistant Superintendent,Education Services IUSD...providing the highest quality educational experience we can envision. Community Development Department rr October 21, 2021 OCT 2 7 zort List of Outside Agencies f (on-file with the City of Tustin) Y:...... •••••••••••••••••••••• Sent via e-mail SUBJECT: SUBDIVISION 2021-0003/TENTATIVE PARCEL MAP (TPM) NO. 2021-192; CONDITIONAL USE PERMIT (CUP) 2021-0012; DESIGN REVIEW (DR) 2021-0010 To Whom it May Concern: Please review the attached parcel map for a proposed dedication of land to the City of Tustin right-of-way to complete previously dedicated right-of-way. The right-of-way had been dedicated by prior uses on the property. The project site is located at 1062 Irvine Boulevard within the City of Tustin. The proposed project involves the conversion of a drive-thru dairy to a drive-thru coffee shop on a site within an existing historic resource. Pursuant to Sections 66453-66455.7 of the Subdivision Map Act, the local agency (City of Tustin) is required to transmit one (1) copy of the proposed map to other local agencies having jurisdiction over the map. As a result, please review the attached map and submit any comments and/or recommendations electronically to me no later than fifteen (15) days of receipt of this letter or by November 5, 2021. If I do not receive any comments by November 5, 2021, 1 will presume your agency has no comments on the proposed parcel map and project. Should you have any questions, please do not hesitate to contact me at (714) 573-3136 or via e-mail at EDove@tustinca.org. Sincerely, Elaine Dove, AICP, RLA Senior Planner City of Tustin Community Development Department Attachment:Tentative Parcel Map 2021-192 300 Centennial Way • Tustin,California 92780 • ww%N'.tust1F1Ca.0rg • 714-573-3012 0 g» F `s� Cbz € a gi a 4�1 41-MV std 4 W;ffi a$"s �' WLLI Z_ JZ 9p 3 Col., ry E�E, MIN m 0 IN mxm g a' Z "k, Q t g g P a e a �q U z W 9 s Via!; 9 Z l ! 4 % J s �� �� � A a z'< ® a n asWW C'Lj `O jaj a w �W Elf s a7 g gM g O z zap ga a `� `� m a CD , I ;zt � am ray Z t g 3 , b m � �o. @ �� as �g � "� Zee U =o w N R o a r 40 Uva �ryN _� �l� JwaC,U� Y Z mom., d U m effig@ �g �W N R. AJAR; g42, J 6a_� 8g 14"NY+ g ag ,nwl?.xoxmx o UPaoz — nxvlaw.xmx — s. m W3 fah 8 € s Pao 30N3Av lbOdM3N ,99909 3 IACO M BB//'11'N'Wfls 3NNtX'ZI WJ019•1 I07 3.1 A7MN SOUINLRN CALIFORNIA EDISON' An F@ISON HVTERNATIONAL�v Company November 1, 2021 City of Tustin 300 Centennial Way Tustin, CA 92780 Attention: City Council Subject: Tentative Parcel Map No. 2021-192 Please be advised that the division of the property shown on Tentative Parcel Map No. 2021-192 will not unreasonably interfere with the free and complete exercise of any easements and/or facilities held by Southern California Edison Company within the boundaries of said map. This letter should not be construed as a subordination of the Company's rights, title and interest in and to said easement(s), nor should this letter be construed as a waiver of any of the provisions contained in said easement(s) or a waiver of costs for relocation of any affected facilities. In the event that the development requires relocation of facilities, on the subject property, which facilities exist by right of easement or otherwise, the owner/developer will be requested to bear the cost of such relocation and provide Edison with suitable replacement rights. Such costs and replacement rights are required prior to the performance of the relocation. If you have any questions or need additional information in connection with the subject subdivision, please contact me at (909) 274-1078. Jeff Clark Title and Valuation Vegetation & Land Management Cc: 1919 S.State College Blvd. Anaheim,CA 92806-6114 The Gas Company A Sempra Energy uwity" October 28,2021 City of Tustin 300 Centennial Way Tustin,CA 92780 Attn: Elaine Dove Subject: City of Tustin Tentative Parcel Map 2021-192 and Conversion to Drive Thru Coffee Shop Thank you for the opportunity to review your plans ahead of construction. We find no apparent interference with your project and currently plan no new installations within the limits of the proposed construction.We request that you protect in place all existing gas facilities and allow access for the maintenance of our facilities as described in Tariff Rule 21 agreed upon with the California Public Utilities Commission. The Gas Company has no objection to the construction at 1062 Irvine Blvd or the Tentative Parcel Map provided the following conditions for construction over our facilities are met: 1.No change of grade without prior written approval of The Gas Company. 2. Should The Gas Company have to remove any temporary/permanent structures,the demolition would be at the property owners'expense. 3.No planting of trees or deep rooted plants. 4.No poles,signs or fence posts to be installed without the written approval of The Gas Company. 5.Ingress and egress rights to and from the facilities must be maintained. We require new facilities that cross our pipelines maintain a minimum one(1)foot of vertical separation and new facilities installed parallel to our pipelines maintain a minimum two(2)feet of horizontal separation. Existing twelve(12)inch and larger gaslines require additional horizontal separation In the event you revise your plans or increase the limits of the project,please provide us with the information as soon as it becomes available. Please note that any alteration of our facilities is 100% collectible from the respective agency. You will also have to contact our Transmission Department regarding the above-mentioned request.CPUC Regulations require notification of both So Cal Gas Distribution and Transmission of all work being conducted.Please contact our Southern Region Transmission Department,at 9400 Oakdale Avenue,Chatsworth,CA 91313,phone(818)701-4546, SoCalGasTransmissionUtilityRequestksemprautilities.com.They will need a notification letter and plans. It is our intention to allow you or your contractor to remove any abandoned facilities that may be encountered during the course of construction. Upon request, at least two (2) working days prior to the start of construction,we will locate and mark our active underground facilities for the contractor at no cost. Please call Underground Service Alert(USA)at(800)422-4133. If you have immediate questions or require additional information,please contact me at (714)634-5067; Sincerely, Ryan Sawasaki RSawasakiksocalgas.com Planning Associate—Right of Way Southeast Region—Anaheim Planning&Engineering 1919 S State College Blvd. Anaheim,CA 92806 No Objection.doc ATTACHMENT G 3D RENDERINGS QO w� Q v~i H O u ^W W •i a, OO 0 V Q6 L N _0 N •— c N L C M o "�ti t a V 0 ¢ w O O ti pp O Z z Z Z �l\ V � w Q ww a � � Q r[ O O m Y O V F— F- C6- �,' ¢ '^ n CL .............O I � ry ..............................o °°IIIIIIIIII " nra F K O M ...............................0Or �1 u Q O' Z a � y 3 L> rc � O w o, u Q ` z O w � I' F— CL !I- O p o LL F— u F- M z o �o rn 3 V M LL. Q Q Q oN C LL O z a l7 vii v o Z _ O = Z Z z Z z> Z � � � M Q 7 - \k � « • � : ^ \ \ \ . ,� ¥ � 1 - } 3... ................... � 2..x.................... { �.................0 : ............... \\ ` (� ( ( .........�a & \ i / ( ! 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OL 0 UUU�UUU z M 0O .�..� Z 0 o o X � � w ZQO m 0o �— � w� M bQ 4 O a; dna yy?..•��•1/�� •3 O N m d rN •� N it k,y O 0 W C q w' s. •� N y N w o 0 +� 0y0 3 ° .•r w m U y u o � v C; a' o A F, �r 06 i ~ ° 1 Lu LD ATTACHMENT I RESOLUTION NO. 4442 RESOLUTION NO. 4442 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 2021-0012, DESIGN REVIEW 2021-0010 AND SUBDIVISION 2021-0003/TENTATIVE PARCEL MAP 2021-192 AUTHORIZING THE REMODEL AND CONVERSION OF A 786 SQUARE-FOOT DRIVE-THRU DAIRY IDENTIFIED AS A HISTORIC RESOURCE TO A DRIVE-THRU COFFEE SHOP AND THE FORMAL SUBDIVISION OF TWO ADJACENT LOTS AT 1062 AND 1082 IRVINE BOULEVARDS. 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) 2021-0012, Design Review (DR) 2021-0010 and Subdivision (SUB) 2021-0003/TPM 2021-192 was filed by Allen Lynch/The Lynch Group, for authorization to remodel and convert a 785 square-foot drive-thru dairy identified as a historic resource to a drive-thru coffee shop and to formally subdivide one (1) parcel into two (2) parcels and dedicate right-of-way to the City of Tustin for the properties located at 1062 and 1082 Irvine Boulevards. B. That the subject properties are located within the C-1 (Retail Commercial) Zoning District and have a CC (Community Commercial) General Plan land use designation where the proposed use is authorized. Pursuant to Tustin City Code (TCC) Section 9232b, a drive- thru facility is permitted subject to approval of a CUP. 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 Section 9272, DR approval is required for the building design and site planning. E. That in determining whether to approve the CUP for the drive-thru coffee shop and the DR for building design and site planning, 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 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: Resolution No. 4442 Page 2 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. F. As proposed, the drive-thru lane provides queuing capacity for up to nine (9) on-site vehicles and, as conditioned, the project will include a signing and striping plan to restripe Old Irvine Boulevard with a dedicated right turn lane into the project site from Newport Avenue and a KEEP CLEAR legend in front of Walgreens' driveway to accommodate overflow queuing. G. That the parking lot area will be configured to optimize circulation for the proposed 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. H. As conditioned, no impact to future neighboring uses is anticipated in that the drive-thru use will be conditioned to have speaker equipment with adjustable volume control, sight lighting that confines illumination onto the property and new landscaping to screen and improve the street view. I. As proposed, the number of required parking spaces for the drive-thru use is provided on-site. J. The drive-thru is located at a commercial building and along the Irvine Boulevard commercial corridor where a variety of retail businesses are located. The drive-thru hours of 5:00 AM to 10:00 PM are consistent with characteristics of drive-thru uses. K. The City's Police Department has reviewed the application and the project has been conditioned to install security cameras at various locations on the site based on Police Department input. Resolution No. 4442 Page 3 L. That as conditioned, SUB 2021-0003/TPM 2021-192 would be in conformance with the State Subdivision Map Act and Tustin City Code (TCC) Section 9323 (Subdivision Code) as follows: 1 . The proposed map is consistent with the Tustin General Plan, the Zoning Code, the Subdivision Code, the Subdivision Map Act and other applicable provisions of the TCC. 2. The site is physically suitable for the proposed drive-thru in that the remodel/rehabilitation of a historic resource and drive-thru facility is consistent with the Tustin General Plan Goal 3 to ensure that new development is compatible with surrounding land uses in the community, the City's circulation network, availability of public facilities, existing development constraints and the City's unique characteristics and resources.. 3. The subdivision design or the types of improvements proposed are not likely to cause serious public health problems in that the development compiles with the zoning code and will be required to comply with the applicable building and life safety codes. II. The Planning Commission hereby approves CUP-2021-0012, DR 2021-0010 and SUB 2021-0003/TPM 2021-192 authorizing the remodel and conversion of a 785 square-foot drive-thru dairy identified as a historic resource to a drive- thru coffee shop and to formally subdivide one (1) parcel into two (2) parcels and dedicate right-of-way to the City of Tustin for the properties located at 1062 and 1082 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 9th day of November, 2021 . AMY MASON Chairperson JUSTINA L. WILLKOM Planning Commission Secretary Resolution No. 4442 Page 4 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Justina L. Willkom, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4442 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 9th day of November, 2021 . PLANNING COMMISSIONER AYES: PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: JUSTINA L. WILLKOM Planning Commission Secretary EXHIBIT A RESOLUTION NO. 4442 CONDITIONAL USE PERMIT 2021-0012, DESIGN REVIEW 2021-0010 & SUBDIVISION 2021-0003/ TENTATIVE PARCEL MAP 2020-192 CONDITIONS OF APPROVAL GENERAL (1), (4) 1.1 The proposed project shall substantially conform to the project description and submitted plans for the project date stamped November 9, 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 Conditional Use Permit (CUP) 2021-0012, Design Review (DR) 2021-0010 and Subdivision (SUB) 2021-0003 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 2021-0012, DR 2021-0010, and SUB 2021-0003 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 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 Exhibit A Resolution No. 4442 CUP-2021-0012; DR-2021-0010; SUB 2021-0003 Page 2 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 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 CUP 2021-0012, DR 2021-0010 and SUB 2021-0003 may be reviewed at any time by the Community Development Director to ascertain compliance with conditions of approval. The Community Development Director may initiate proceedings to revoke the CUP, if the use is not operated in accordance with CUP 2021-0012, DR 2020-0010 and SUB 2021-0003. Due process, including a public hearing before the Planning Commission, shall be required prior to the revocation of a CUP. As an alternative to revocation proceedings, the Community Development Director may develop a plan with the applicant, which may include revisions to the conditions of approval and/or measures to eliminate the nuisance or negative impacts. USE RESTRICTIONS (1), (4) 2.1 During peak hours of operation, the applicant may position an employee near the menu board with a wireless microphone and headset to take orders from vehicles in the drive-thru lane. Employees shall not take orders from any vehicle not in the drive-thru lane. (1), (4) 2.2 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. (1), (4) 2.3 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. Exhibit A Resolution No. 4442 CUP-2021-0012; DR-2021-0010; SUB 2021-0003 Page 3 (1), (4) 2.4 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 develop a plan with the applicant to address such issue(s) which may require the preparation of a study or studies such as 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 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), (4) 2.5 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), (4) 2.6 The daily business hours shall be as follows: Drive-thru: 5:00 AM to 10:00 PM 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. Any modifications to the hours of operation shall require the approval in writing of the Community Development Director. (1), (4) 2.7 The applicant shall implement the Traffic Management Plan describing the measures to be taken to reduce queues via technological means consistent with the plans submitted. (1), (4) 2.8 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 CUP. (1), (4) 2.9 Sale and consumption of alcoholic beverages is prohibited at this location unless separate approval of a CUP for alcoholic beverage sales is obtained. Exhibit A Resolution No. 4442 CUP-2021-0012; DR-2021-0010; SUB 2021-0003 Page 4 ARCHITECTURE (1), (4) 3.1 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), (4) 3.2 During construction activities, the property owner shall protect the existing historic resource from physical damage. Plans submittal shall include the measures to be taken to adequately protect the historic resource from physical damage during the construction phase. (1), (4) 3.3 Utility meters and other equipment located outside of the building shall be screened with landscaping to the greatest extent possible. (1), (4) 3.4 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), (4) 3.5 All utilities shall be installed and maintained underground. (1), (4) 3.6 Design and construction of all on-site and off-site developer required public infrastructure and utility systems shall be constructed prior to issuance of the Certificate of Occupancy. (1), (4) 3.7 Project materials shall comply with those identified in the approved plans. Color and material samples shall be submitted to the Community Development Department at the time of plan check. Substitutions to the approved materials may occur subject to the approval of the Community Development Director. (1), (4) 3.8 All mechanical and electrical fixtures and equipment shall be adequately and decoratively screened. The screen shall be included as an element of the overall design of the project and blend with architectural design of the building. All telephone and electrical boxes shall be identified on the construction plans. Electrical transformers, if needed, shall be located toward the interior of the project to minimize visual impacts and screened by adequate landscaping or other effective screening devices as shown on submitted plans. (1), (4) 3.9 On-site walls and fences shall be noted on the plans with specific materials, colors, and decorative treatments subject to the review and approval of the Community Development Department. Exhibit A Resolution No. 4442 CUP-2021-0012; DR-2021-0010; SUB 2021-0003 Page 5 SIGNAGE (1), (4) 4.1 The existing pole sign on the project site shall be preserved and utilized for project signage. (1), (4) 4.2 All signs shall comply with the TCC. A master sign plan shall be required and submitted to the Community Development Department for review and approval prior to issuance of a sign permit. All signage must have a valid sign permit, if applicable. (1), (4) 4.3 Informational signage shall be designed and placed to facilitate ease of ordering and navigation of the drive thru and 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) 4.4 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 including the sign face replacement for the existing pole 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) 4.5 Applicant shall install signage that clearly states there shall be no walk-up service and that the parking is limited to employees only, except as may be approved in the future by the Community Development Director. LAN DSCAPEMARDSCAPE (1), (6) 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. The plans shall include the following: A. Include a summary table identifying plan materials. The plant table shall list botanical and common names, sizes, spacing, location, and quantity of the plant materials proposed. B. Show planting and berming details, soil preparation, staking, etc. The irrigation plan shall show location and control of backflow prevention devices, pipe size, sprinkler type, spacing, and coverage. Details for all equipment must be provided. Exhibit A Resolution No. 4442 CUP-2021-0012; DR-2021-0010; SUB 2021-0003 Page 6 C. Show all property lines on the landscaping and irrigation plans, public right-of-way areas, sidewalk widths, parkway areas, and wall locations. D. The Community Development Department may request minor substitutions of plant materials or request additional sizing or quantity of materials during plan check. E. Add a note that coverage of landscaping and irrigation materials is subject to inspection at project completion by the Community Development Department. F. A combination of planting materials shall be used. On large areas, ground cover alone is not acceptable. G. Shrubs shall be a minimum of five (5) gallon size and shall be placed a maximum of five (5)feet on center. Other sizes and spacing may be permitted subject to approval of the Community Development Department. H. Ground cover shall be planted eight (8) to twelve (12) inches on center, or as approved by the Community Development Department. I. Equipment areas shall be screened with walls, vines, and/or trees. J. All plant materials shall be installed in a healthy vigorous condition typical to the species and shall be maintained in a neat and healthy condition. Maintenance includes, but is not limited to, trimming, weeding, removal of litter, fertilizing, regular watering, and replacement of diseased or dead plants. K. Landscaping at the project entry shall not limit sight distance of vehicles and pedestrians entering and exiting the site. (1), (6) 5.2 Backflow devices and double detector checks shall be painted to match 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) 5.3 Prior to issuance of a Certificate of Occupancy, the applicant shall install landscaping and irrigation in accordance with the approved landscape plans. The property owner shall be responsible for maintaining landscaping in accordance with the approved landscape plans. Dead plants shall be replaced by the property owner with the same species type and size identified in the approved landscape plans. Exhibit A Resolution No. 4442 CUP-2021-0012; DR-2021-0010; SUB 2021-0003 Page 7 (1), (6) 5.4 The project shall comply with the City's Water Efficient Landscape Ordinance and any Executive Orders issued from the Governor of the State of California pertaining to water conservation and irrigation methods. PLAN SUBMITTAL (1) 6.1 Applicant and owner are responsible for ensuring that information contained in construction drawings is consistent among architectural, structural, grading, electrical, mechanical, plumbing, fire, utility and public improvement plans as well as other construction drawings. (1) 6.2 Plans and notes submitted for building permits shall reflect and reference 2019 California Codes. (1) 6.3 Prior to the issuance of building permits, the applicant shall submit a photometric lighting plan showing compliance with the Tustin Security Code, which requires a minimum one (1) foot-candle of light on the private drives and parking surfaces and a minimum of one-quarter foot-candle of light on the walking surfaces. The lighting plan is to be overlaid onto a tree landscape plan. (1) 6.4 If a fire sprinkler system is required by code, prior to issuance of a building permit, the applicant or responsible party shall submit a fire sprinkler system (service codes PR400-PR465)to the Orange County Fire Authority (OCFA) for review. Approval shall be obtained prior to the issuance of building permits. FINAL PARCEL MAP (1) 7.1 Preparation and recordation of a final subdivision map shall be required. (1) 7.2 The applicant shall grant in Fee Title of additional street right-of-way along the property frontage on Irvine Boulevard as shown on the approved Tentative Parcel Map, at no cost to the City, on the map. (1) 7.3 The applicant shall release and relinquish to the City of Tustin, all vehicular access rights along Irvine, and Old Irvine Boulevards, except at approved access locations and street intersections, at no cost to the City, on the map. (1) 7.4 Prior to recordation of the final map, the applicant is required to execute a subdivision and monumentation agreement and furnish improvement and monumentation bonds, all on forms acceptable to the City. WATER QUALITY: Exhibit A Resolution No. 4442 CUP-2021-0012; DR-2021-0010; SUB 2021-0003 Page 8 (1), (5) 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. 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. (1) 9.2 Prior to issuance of a Grading Permit or approval of final Parcel Map, whichever occurs first, the applicant shall submit to the Public Works Department 24" x 36" reproducible street improvement plans and signing and striping plan, as prepared by a California Registered Civil Engineer, for approval consistent with the plans submitted with this entitlement. 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. (1) 9.3 The applicant shall remove the tree and tree well and the existing easterly driveway apron on Irvine Boulevard and design and construct new curb & gutter and sidewalk along the project frontage the whole project frontage on Irvine Boulevard. (1) 9.4 The applicant shall remove the existing palm trees on Old Irvine Boulevard and design and construct new curb & gutter and sidewalk. The applicant shall remove and reconstruct the existing driveway aprons on Old Irvine Boulevard and the existing westerly Irvine Boulevard driveway apron to meet the most current Federal Americans with Disabilities Act (ADA) requirements and City Standards. Driveway shall be laid out per City of Tustin Std. 209. (1) 9.5 To address the potential for a long queue from the project, the applicant shall submit a signing and striping plan to restripe Old Irvine Boulevard with a dedicated right turn lane into the project site from Newport Avenue with a KEEP CLEAR legend in front of the Walgreens' driveway consistent with the submitted site plan. If the new striping affects the signal systems at nearby intersections (i.e., relocation of detection loops, signal head alignment, etc.) a signal plan shall be submitted. Exhibit A Resolution No. 4442 CUP-2021-0012; DR-2021-0010; SUB 2021-0003 Page 9 (1) 9.6 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 a California Registered Traffic Engineer, or Civil Engineer experienced in this type of plan preparation, shall be prepared and submitted to the Public Works Department for approval. (1) 9.7 Current 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. WATER IMPROVEMENT (1) 10.1 Current 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. A. If a double check detector assembly (DCDA) is required, an easement for public utility access purposes must be dedicated to the City of Tustin. The easement shall start from the public right-of-way up to the DCDA with a minimum distance of five (5) feet all around the DCDA to allow for unobstructed access, inspection, testing, and maintenance. B. If a building sprinkler system is required by the Orange County Fire Authority (OCFA), the applicant shall be required to provide a backflow prevention device at his or her expense to prevent cross contamination with the public water system. C. If the applicant proposes to use an irrigation system, then a separate water meter shall be required. If this is the case, a reduced pressure principle assembly (RPPA) shall be required to prevent cross- connection with the public water system. (1) 10.2 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), (5) 10.3 This project is within the East Orange County Water District (EOCWD) service area, the applicant shall submit a water permit application to EOCWD, and is responsible for all application, connection and other EOCWD fees. Prior to issuance of a permit, the applicant shall provide a written approval / water permit to the City of Tustin Public Works Department. (1), (5) 10.4 The proposed domestic water system plans must conform to all applicable regulations enforced by the Orange County Health Department. Exhibit A Resolution No. 4442 CUP-2021-0012; DR-2021-0010; SUB 2021-0003 Page 10 SOLID WASTE RECYCLING (1), (5) 11.1 Construction and Demolition Waste Recycling and Reduction Plan 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 (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. i. 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 (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 TCC. ii. 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), (5) 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 located as shown on the submitted site plan or as approved by the Community Development Director. 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 21 F below. Exhibit A Resolution No. 4442 CUP-2021-0012; DR-2021-0010; SUB 2021-0003 Page 11 F. All developments are required to provide space for the collection of organic materials. Organics are collected in 35-gallon and 65-gallon wheeled carts, and 2-yard bins. The size of the organics container will be dependent upon the use and size of the building. Organics can be collected six (6) days per week to minimize the space required for a container. MISCELLANEOUS CONDITIONS (1), (5) 12.1 The applicant shall satisfy dedication and/or reservation requirements as applicable, including, but not limited to, dedication in Fee Title of all required street rights-of-way; dedication of all required flood control right- of-way easements; and dedication of vehicular access rights, sewer easements, and water easements defined and approved as to specific locations by the City Engineer (at no cost to the City) and/or other agencies. (1) 12.2 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 Iinotype 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) 12.3 If any building addition proposed, prior to issuance of a Building Permit(s), 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) shall be required. The fee rate schedule automatically increases on July 1st of each year. (1), (5) 12.4 Prior to issuance of a Building Permit(s), the applicant shall provide written approval of sanitary sewer service connections from the East Orange County Water District (EOCWD). (1) 12.5 Any damage done to existing public street improvements and/or utilities shall be repaired to the satisfaction of the City Engineer. Exhibit A Resolution No. 4442 CUP-2021-0012; DR-2021-0010; SUB 2021-0003 Page 12 TUSTIN POLICE DEPARTMENT (1), (5) 13.1 Applicant shall install security cameras on the project site as coordinated with the Tustin Police Department.