HomeMy WebLinkAboutPC RES 4442 RESOLUTION NO. 4442
I
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 SAS 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) 2021-00031TPM
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 (Subdivisiion 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.
11, The Planning Commission hereby approves CUP-2021-0012, DR 2021-9919
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 Son day of November, 2021.
AMY", ONl/�
Chairperson
JLYSTINA L. WILLKOM
Planning Commission Secretary
Resolution No, 4442
Page 4
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF TU TIN
1, 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, 20,21.
PLANNING COMMISSIONER AYE ay
-L ,UCjjj, Kozak., V -i, MeLlo (5)
PLANNING COMMISSIONER NOES:
PLANNING COMMISSIONER ABSTAINED,
PLANNING COMMISSIONER ABSENT;
`INA L. WILLKOM
Pln
ning Commission Secretary
EXHIBIT A
RESOLUTION NO. 4442
CONDITIONAL USE PERMIT 2021-0012,
DESIGN REVIEW 2021-0010 &
SUBDIVISION 2021-00031
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 CODEIS (7) PCICC 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
anytime 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 or pass-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.
i
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.
C. Adjust ordering procedures.
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.
i
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 DSCAPEIHARDSCAPE
i
(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.
I
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.
i
Exhibit A
Resolution No.4442
CUP-2021-0012; DR-2021-0010; SUB 2021-0003
Page 7
(1), (6) 3.4 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.
Exhibit A
Resolution No.4412
CUP-2021-0012; DR-2021-0010; SUB 2021-0003
Page 8
WATER QUALITY:
(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.
i
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) 90.2 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 1 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
(5) 11.1 Construction and Demolition Waste Recycling and Reduction Plan
A.The app I icant/con tractor 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 foi r 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 linotype
conventions are AutoCAD-based (latest version available upon request
from the Public Works Department). The CADD files shall be submitted to
the City at the time plans are approved, and updated CADD files reflecting
"as built" conditions shall be submitted once all construction has been
completed. No project bonds will be released until acceptable "as built"
CADD files have been submitted to the City.
(1) 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.
I
j
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.