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Home My WebLink About01 ZA AGENDA REPORT 2992 EL CAMINO REAL ZONING ADMINISTRATOR ITEM # 1 DATE: JUNE 22, 2023 TO: JUSTINA L. WILLKOM, ZONING ADMINISTRATOR US IN FROM: RAYMOND BARRAGAN, PRINCIPAL PLANNER SUBJECT: ZONING ADMINISTRATOR ACTION (ZAA) NO. 23-003; CUP 2023-0005 AND DR 2023-0006 (2992 EL CAMINO REAL) SUMMARY: The Zoning Administrator will consider Conditional Use Permit (CUP) 2023-0005 and Design Review (DR) 2023-0006, a request to convert an existing single-lane drive-thru servicing a fast-food restaurant into a double-lane drive-thru in preparation for a new tenant. The request also includes minor modifications to the restaurant building and parking lot to accommodate the proposed double-lane drive- thru. The CUP application was filed by Pete K. Pirzadeh, Pirzadeh & Associates, Inc. (applicant) on behalf of Irvine Company Retail Properties (property owner). BACKGROUND: The project site is located within The Market Place shopping center, which is bounded by the Santa Ana (1-5) Freeway to the southwest, Jamboree Road to the southeast, Bryan Avenue to the northeast, and Myford Road to the northwest (Figure 1 — Aerial Map). The site is located within the Mixed-Use land use designation of the East Tustin Specific Plan (PCMU). The subject property is located northwest of the intersection of El Camino Real and East Drive, adjacentto the existing El Pollo Loco fast- food restaurant. Other tenants in the vicinity of the proposed project are commercial in nature and include a mix of retail, service, and restaurant uses. Horne k Depot "� M Subject a! , ld ■■1 EZ III 5� �a Figure 1.Aerial Map and Subject Property 000� ZA Item #1 �� June 22, VCUP 2023-00-0005 and DR 2023-0006 I ��JJJJST, Page 2 On February 21, 1995, the Planning Commission adopted Resolution No. 2886 approving CUP 90-25 and DR 90-37 to allow the construction of the existing 3,489 square-foot (SF) fast-food restaurant with drive-thru service. Figure 2 shows the existing drive-thru configuration. 2992 �p Subject _. Building 1 1 1 Existing Drive-thru T r pf ElPolloLoco Existing Trash1 Drive-thru Exit LIKOITLT&OAK 4JEM Enclosure Figure 2.Existing Site Plan PROJECT DESCRIPTION: The applicant is proposing to convert an existing single-lane drive-thru servicing a fast-food restaurant into a double-lane drive-thru, in addition to other site and building modifications including changes to the parking lot, trash enclosure location, color of building canopies, and new landscaping. The project proposal is intended to facilitate the conversion of an existing Carl's Jr. fast-food restaurant for occupancy by a new tenant — a Starbucks coffeeshop. The building footprints of the 3,489 SF restaurant building and the ancillary 775 SF outdoor dining area would remain the same. A total of nine (9) parking stalls will be removed and the existing trash enclosure will be relocated to accommodate the double-lane drive-thru. Approximately 2,317 SF of additional landscaping will be incorporated along the north and south curb areas of the double-lane drive-thru, as well as within the median that will separate the new lanes. New landscaping will be consistent with the site's existing plant palette composed of shrubs and groundcover approved by The Market Place property management. 000� ZA Item #1 �� June 22, VCUP 2023-00-0005 and DR 2023-0006 I ��JJJJST, Page 3 Conditional Use Permit A drive-thru is a conditionally permitted use in the Mixed-Use land use designation of the East Tustin Specific Plan when accessory to a primary restaurant use per ETSP section 3.8.2.D. The proposal includes the conversion of an existing single-lane drive- thru into a double-lane drive-thru for use by a future Starbucks coffeeshop. The proposed modifications include the extension of the existing drive-thru into the adjacent parking lot (Figure 3). The conversion from a single to double-lane drive-thru would increase vehicle stacking capacity from seven (7) to seventeen (17) vehicles. Of the seventeen-vehicle stacking capacity, twelve (12) vehicles are accommodated between the drive-thru entrance and the new menu boards, which are located ahead of the convergence of the double-lanes, and five (5) vehicles are accommodated between the menu board and the pay window. 2992 r ,r Subject 1 1 r Building Pay window 1 — 1 _ t 1 ' I 1 +. New " .._ I, "M.Board Landscaping a 1' 1 70 ,y� y n T r. r.= n Flew Trash { -- -- x Enclosure �� OrrL-rirkg Speaker wf read back screen El Polio Loco �.. Drive-thru Exit Figure 3. Proposed Site Plan Both drive-thru lanes will be available to all customers; neither is reserved for mobile order pick-ups, delivery drivers, etc. The drive-thru will be open from 4:30 A.M. through 10:00 P.M. Monday through Sunday. If necessary, one (1) staff member will take orders at each lane to increase drive-thru efficiency (Condition of Approval 2.1). Directional signage is proposed throughout the parking lot to facilitate vehicular circulation, especially for patrons of the proposed Starbucks drive-thru and the adjacent 000� ZA Item #1 �� June 22, VCUP 2023-00-0005 and DR 2023-0006 I ��JJJJST, Page 4 El Pollo Loco fast-food restaurant, which also has a drive-thru (Conditional of Approval No. 2.12). This signage is intended to clearly guide drivers to their intended drive-thru entrance and exit (Figure 4). A "keep clear" marking will be added at the entrance to the proposed Starbucks drive-thru to prevent conflicts between vehicles entering the Starbucks drive-thru, exiting the El Pollo Loco drive-thru, and otherwise circulating through the parking lot. 2992 ✓ Subject ' q Building � IE! _ _n� � �..+ ^tial• Owl II•Cr . f STARRUCHS DRIVE-THRU<- / EL PDLLa LOCO DRIVE-THRU 5TARtmm ww€-THRU --,.- i ti`. � E♦ I♦ E♦ � � � � � U . rvrn cnwrm•vu iar#r (v I f16"nb-bval ! Exrr F ElFolloUK" , Bul ding €L POLLD LOCO DRIVE-THRU F EL PQLLO LOCO DRIVE-THRU STAR&UCKS DRIVE-THRU 11 TWO-FACED DIRECTIONAL SIGNS Figure 4.Directional Signage Location Design Re view Per Tustin City Code (TCC) 9272, Design Review is required for projects that involve modifying or enlarging existing structures, buildings, or signage. The proposed drive- thru and site modifications fall within the purview of Design Review. In order to accommodate the proposed double-lane, the existing trash enclosure, which is shared by Starbucks and El Pollo Loco, will be relocated elsewhere on-site, as shown 000� ZA Item #1 �� June 22, VCUP 2023-00-0005 and DR 2023-0006 I ��JJJJST, Page 5 in Figure 3, and redesigned to incorporate a solid roof and masonry wall enclosure. An accessible path of travel from each restaurant to the trash enclosure will be provided. Approximately 2,317 SF of additional landscaping, consisting of shrubs and ground cover is proposed to soften and enhance the aesthetic appeal of the drive-thru. Per Condition of Approval No. 2.14, a final landscaping plan will be provided at building plan check submittal. The proposal also includes changing the existing red colored canvas awnings located on the northeast and northwest elevations to black, in accordance with the Starbucks brand colors. The base color of the building will remain the same in conformance with the color palette used throughout the Tustin Market Place. The proposed work will maintain the 3,489 SF footprint of the subject restaurant building and its approximately 775 SF outdoor dining area. However, the seating capacity in the outdoor dining area is proposed to increase from eighteen (18) to twenty-two (22) seats which is allowable and consistent with TCC 9277. Parking The Tustin Market Place is categorized as a Commercial Shopping Center per ETSP Section 3.8.2.A. The applicable off-street parking requirement is four-and-a-half (4.5) parking stalls per 1,000 SF of gross floor area. No additional parking is required for the 775 SF outdoor dining area per TCC 9263(g) as it is less than fifty (50) percent of the interior seating area (approximately 1560 SF) of the proposed Starbucks. No additional parking is required for the operation of the proposed drive-thru. The Market Place requires 3,366 parking stalls and provides 3,952. The applicant proposes to remove nine (9) parking stalls to accommodate the proposed drive-thru modifications for a total of 3,943 parking stalls remaining. Therefore, parking requirements are satisfied with an excess of 577 stalls. However, Condition of Approval No. 2.6 allows staff to reevaluate the project should concerns arise due to parking or on- site vehicle circulation impacts. APPROVAL AUTHORITY: The subject property is located within the Planned Community Mixed Use (PCMU) zoning district and within the East Tustin Specific Plan (ETSP). The ETSP allows restaurants with accessory drive-thru facilities subject to the approval of a CUP. Tustin City Code (TCC) Section 9299b3(f) authorizes the Zoning Administrator to review applications for minor conditional use permits for existing developments where there would be no change of primary use, there would be no 000� ZA Item #1 �� June 22, 2023 CUP 2023-003-0005 and DR 2023-0006 LiJ Page 6 expansion of floor area, and the request would not alter the original intent of the project or site. TCC Section 9272 authorizes the Community Development Director to consider the DR application; however, since the proposal includes an entitlement application that requires Zoning Administrator approval, DR 2023-0006 is being forwarded to the Zoning Administrator for concurrent consideration for site layout and building design. ENVIRONMENTAL REVIEW: This project is Categorically Exempt pursuant to Section 15301 (Class 1) of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). RECOMMENDATION: That the Zoning Administrator adopt Zoning Administrator Action 23-003 approving CUP 2023-0005 and DR 2023-0006 authorizing the conversion of an existing single-lane drive-thru servicing a fast-food restaurant into a double-lane drive-thru, in addition to other site and building modifications including changes to the parking lot, trash enclosure location, color of building canopies and new Landscaping at 2992 El Camino Real. Attachments: A. Submitted Plans dated June 22, 2023 B. Zoning Administrator Action (ZAA) No. 23-003 Exhibit A— Conditions of Approval ATTACHMENT A SUBMITTED PLANS DATED JUNE 22, 2023 PROJECT PROJECT / �l LOCATION STARBUCKS � 2992 EL CAMINO REAL ` o THE TUSTIN MARKET PLACE CONDITIONAL USE PERMIT AND DESIGN REVIEW �! neon cw waz '� V (� CASE FILE NO. CUP-2023-0006 DR-2023-0006 ` 9 � 9 1ST SUBMITTAL-FEBRUARY 2,2023 f ` e . 2ND SUBMITTAL-APRIL 26,2023 (� ' OCFA SR#.286136 Y VICINITY MAP LOCATION MAP PROJECT DESCRIPTION INDEX OF SHEETS THE REQUEST IS FOR A CONDITIONAL USE PERMIT TO CONVERT THE EXISTING PAI-0 COVER SHEET CARL'S JR FAST FOOD RESTAURANT WITH A DRIVE-THRU INTO A STARBUCKS CUP-1 EXISTING SITE PLAN WITH A DOUBLE DRIVE-THRU. THE SQAURE FOOTAGE OF THE EXISTING CUP-2 PROPOSED SITE PLAN RESTAURANT BUILDING AND THE EXTERIOR OF THE BUILDING WILL REMAIN UNCHAGED.THE PARKING AREA ADJACENT TO THE EXISTING DRIVE-THRU WILL CUP-3 EXISTING/PROPOSED BE MODIFIED TO ACCOMMODATE THE DOUBLE DRIVE-THRU.THE PARKING WILL GF-4 FLOOR PLAN CONTNUE TO MEET OR EXCEED THE CITY'S PARKING REQUIREMENTS AND NEW GF-5 ELEVATIONS LANDSCAPING WILL BE INCORPORATED INTO THE PARKING LOT REDESIGN. RHA-6 TRASH ENCLOSURE DETAIL RHA-7 ELEVATIONS LDP-01 LANDSCAPE DEMOLTION LPP-01 LANDSCAPE PLANTING Pirzadeh STARBUCKS - �� COVER SHEEP SHEET FAI-0 - r'14w - EL MODENA TUSTI"HANNEL I fir+-- ... a �'i �1r �N*EAs 4 1 o-, �e;�y�-r llr 1 PARKING SUMMARY t 1 r 1 p .1 JAMROREEROAD ,21-\ Tk zfiz9-0Ofifi zozs-0oos Pirzadeh Stantec TMP PHASE 1 °2'zuz' — aoc—E.SUUE is IRVINE COMPANY EXISTING OVERALL SITE PLAN wSHEET .�«a srzs,a-e�s W(sas)es-sns Cgvetle n m Since 1864 TUSTIN,CA CUP-01 w.izaeen. 9d9921E000 El MODENA�N CNANNE[� [ MVFa — ✓ / — v (fU t1AT� t } q ' e � '- _ - F o a S ®� fF V I � J M J PARKING SUMMARY �l , r v R 0005 Pirzadeh Stantec TMP PHASE 1 ® IRVINE COMPANY PROPOSED OVERALL SATE PLAN usNEET� aescexNaocre suneia s TUSTIN,CA94? CUv�Os . . 9n ff J Y �I P Y 2992 1 /) I 1 7.- =2992 1 /) 1 t sm 1 1iT— AI ,Po MINOR MODIFICATION IMPACT AREA 3002 MINOR MODIFICATION IMPACT AREA 30 3002 uao-s om.-.eau I / y 1 i i EAST DR....... // E487-DR / EXISTING SITE PLAN PROPOSED SITE PLAN ' TOTAL PROJECT AREA:0.22 AC -- PARKING SUMMARY EXISTING PROPOSEDwww EXISTING PARKING = 26 SPACES %PERVIOUS: 18.2% 36.4% ® ® PROPOSED PARKING= 17SPACES %IMPERVIOUS: 81.8% 63.6% cw.vHic ss'cue PARKING LOST = -9 SPACES PARKING STALL DIMENSIONS ••� PlrZadell TMP PHASE 1 nsnarzoz ®Stantec IRVINE COMPANY SUITE 2992 SHEET i:(sssj esi-sips R1v11EUlG,i D�' S' IgSq FUTURE COFFEE SHOP 8 DRIVE THRU �<, a ie-n :oaw.� va9 sxJ.mro m TUSTIN,CA cUP-OJ FT T, - JI5� LLI— _ 0 0 7 0 wo JAMBOREE&EL CAMINO REALREAL FLOOR PLAN 50° 2992USTIN, A92782 scA�E va=iw T➢STIN,20 92782 20210329.0 01-172023 Pirzadeh STARBUCKS -E� BACKGROUND PROADED BY OF ._,� _.�,..;a„_;,�, 1m«raE 11E 1 Hs.m asp—s„n FLOOR FL4N CF-4 �M11 D DESKYJ FENEW R 3 .4�°b bias. a a a s a a e e e a a 42% e-o A- 8 RNNNI 8CNENINE DM JAMBOREE&EL CAMINO REAL EXTERIOR ELEVATIONS _ 2992 EL CAMINO REAL TUSTIN,CA 92782 meioamn s�r;.� DAYOOROUNDPROVIDED B Pirzadeh STARBUCKS ��z� UsE 1 Hs.m as,—s„n ELEVATIONS G1=6 ..cn sze,a—nze ,....aoev.. �M11 D DESKYJ FENEW R 3 (D R111 h h u M, O iTtion G�E 0 L Oo E.1. MATCH THE EXISTING BUILDING COLOR ANO MATERIPL _ - TMP PHASE 1 SUITE UTM—GYMI"", I R,11 NE COM FANY FUTURE COFFEE SHOP&2992 DRIVE THRU SHEET Sm-1864 TUSTIN,CA RHA 6 o -- ------ ° �b'�Zt pNlyyyp �3 00 ®o °ter .a Section A-A El Pollo Loco SWbotM Pirzadeh W TMP PHASE 1 �o rzo F-- •H°aM °�,as-;�. g � 6 I FN I N E COM FP N Y SUITE 2992 �SHE- �(s<s)asi_si�s 30 RCxHWOcx[NlvE wn[tao FUTURE COFFEE SHOP B DRIVE THRU the c�.-�>u ....p�aman.c IRV�HF.cn 9biB Since 1864 RHA-] 9,c.sn.Noo slaxecmm TUSTIN,CA IPROTECTIN PLACE LEGEND 0 T 1 11 bf [DEM MONLEGEND co ILLTANTS LEGEND 2992 ri U) ..............�I�IT2F Waft......... CUP-2023-0005 DR-2023-0006 04/25/2023 CO) All, 2 CL g 8-5--L- W La LJMIT OF WORK 4 IKEYMAP 3002 Sh.T',U.. pg Landscape Demolition Pl- LDP-01 1 CONSTRUCTION LEGEND 01 W, 1 11 19 lbj i(DI r j(DI I CONSULTANTS LEGEND Ll eB 21 IPROTECT IN PLACE LEGEND 2992 LIMIT 1 -------- ........ L) tt CUP-2023-0005 DR-2023-0006 04/25/2023 0- 0— L) 447, - --------- 4.1 2 3002 IKEYMAP Landscape Construction Plan LCP-01 ATTACHMENT B ZONING ADMINISTRATOR ACTION (ZAA) NO. 23-003 • EXHIBIT A - CONDITIONS OF APPROVAL ZONING ADMINISTRATOR ACTION 23-003 CONDITIONAL USE PERMIT 2023-0005 DESIGN REVIEW 2023-0006 2992 EL CAMINO REAL The Zoning Administrator of the City of Tustin does hereby resolve as follows: I. The Zoning Administrator finds and determines as follows: A. That a proper application for Conditional Use Permit (CUP) 2023-0005 and Design Review (DR) 2023-0006 was filed by Pete K. Pirzadeh on behalf of Irvine Company Retail Properties, requesting the conversion of an existing single-lane drive-thru servicing a fast-food restaurant into a double-lane drive-thru, in addition to other site and building modifications including changes to the parking lot, trash enclosure location, color of building canopies and new landscaping at 2992 El Camino Real. B. That the property is zoned Planned Community Mixed-Use (PCMU) in the East Tustin Specific Plan (ETSP) and has a General Plan land use designation of Planned Community Commercial/Business which provides a variety of retail and service commercial uses including fast food restaurant uses with drive-thru. C. That the project is consistent with the Air Quality Sub-element of the City of Tustin General Plan. D. That in accordance with Tustin City Code (TCC) Section 9299b(3)(f), the Zoning Administrator is authorized to consider minor conditional use permits for existing development where there would be no change of primary use, there would be no expansion of floor area, and the request would not alter the original intent of the project or site. E. That TCC Section 9272 authorizes the Community Development Director to consider the DR application; however, DR 2023-0006 was forwarded to the Zoning Administrator for concurrent consideration for site layout and building design since the proposal included an entitlement application that required Zoning Administrator approval. F. That a public hearing was duly called, noticed, and held for CUP 2023-0005 and DR 2023-0006 on June 22, 2023, by the Zoning Administrator. G. That the establishment, maintenance, and operation of the proposed car wash use will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use nor be a detriment to the property and improvements in the neighborhood of the subject property, nor to the general welfare of the City of Tustin; and that the location, size, architectural features, and general appearance of the proposal will not impair the orderly and harmonious Zoning Administrator Action 23-003 CUP 2023-0005 & DR 2023-0006 Page 2 development of the area, the present or future development therein, or the occupancy as a whole as evidenced by the following findings: 1. That the ETSP allows for fast-food restaurant uses with a drive-thru service, subject to an approved conditional use permit. 2. That the proposed daily business hours would be 4:30 AM to 10:00 PM, seven-days-a-week, which is consistent with the hours of operation for other uses within the shopping center. 3. That with a reduction of nine (9) parking stalls, the site will still maintain an adequate amount of on-site parking. No parking impacts are expected, as The Market Place shopping center will still maintain a surplus of 577 parking stalls. 4. That the proposed parking lot area would be configured to optimize circulation for the addition of the double-lane drive-thru lanes and provide adequate queuing capacity for the use. In addition, directional; signage would be required to be strategically placed within the parking lot area to provide ease of navigation throughout the site. 5. That the project would be conditioned to comply with the Tustin Noise Ordinance and General Plan Noise Element. 6. That as conditioned, CUP 2023-0005 and DR 2023-0006 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. If the use is not operated in accordance with CUP 2023-0005 and DR 2023-0006 or is found to be a nuisance or negative impacts are affecting the surrounding uses, the Community Development Director would have the authority to impose additional conditions to eliminate the nuisance or negative impacts or may initiate proceedings to revoke the CUP. 7. That pursuant to Section 9272c of the TCC, the Community Development Department finds that the location, size, architectural features, and general appearance of the proposed project will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole. In making such findings, the Community Development Department has considered at least the following items: a. Height, bulk and area of buildings. No changes are proposed. b. Setbacks and site planning. Zoning Administrator Action 23-003 CUP 2023-0005 & DR 2023-0006 Page 3 The proposed site plan changes are will remain in compliance with the East Tustin Specific Plan. c. Exterior materials and colors. The proposal includes changing the existing red colored canvas awnings located on the northeast and northwest elevations to black, in accordance with the Starbucks brand colors. The base color of the building will remain the same in conformance with the color palette used throughout the Tustin Market Place d. Type and pitch of roofs. No changes are proposed. e. Size and spacing of windows, doors and other openings. No changes are proposed. f. Landscaping and parking area design. Approximately 2,317 SF of additional landscaping will be incorporated along the north and south curb areas of the double-lane drive-thru, as well as within the median that will separate the new lanes. New landscaping will be consistent with the site's existing plant palette composed of shrubs and groundcover approved by The Market Place property management. A total of nine (9) parking stalls will be removed and the existing trash enclosure will be relocated to accommodate the double-lane drive-thru. Directional signage is proposed throughout the parking lot to facilitate vehicular circulation, especially for patrons of the proposed Starbucks drive-thru and the adjacent El Pollo Loco fast-food restaurant, which also has a drive- thru. This signage is intended to clearly guide drivers to their intended drive-thru entrance and exit. A "keep clear" marking will be added at the entrance to the proposed Starbucks drive-thru to prevent conflicts between vehicles entering the Starbucks drive-thru, exiting the El Pollo Loco drive-thru, and otherwise circulating through the parking lot. Condition of Approval No. 2.6 allows staff to reevaluate the project should Zoning Administrator Action 23-003 CUP 2023-0005 & DR 2023-0006 Page 4 concerns arise due to parking or on-site vehicle circulation impacts. g. Location, height and standards of exterior illumination. Plan compliance will be reviewed at plan check. h. Location and appearance of equipment located outside of an enclosed structure. Plan compliance with TCC will be verified at plan check. i. Location and method of refuse storage. In order to accommodate the proposed double-lane, the existing trash enclosure, which is shared by Starbucks and El Pollo Loco, will be relocated elsewhere on-site, as shown in the plans, and redesigned to incorporate a solid roof and masonry wall enclosure. An accessible path of travel from each restaurant to the trash enclosure will be provided. j. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. The building footprints of the 3,489 SF restaurant building and the ancillary 775 SF outdoor dining area would remain the same. Proposed exterior modification are minor in nature and includes changing the existing red colored canvas awnings located on the northeast and northwest elevations to black, in accordance with the Starbucks brand colors and the base color of the building will remain the same in conformance with the color palette used throughout the Tustin Market Place. As such, no negative impacts to the neighborhood and public thoroughfares are expected. k. Proposed signing. Directional signage is proposed throughout the parking lot to facilitate vehicular circulation, especially for patrons of the proposed Starbucks drive-thru and the adjacent El Pollo Loco fast-food restaurant, which also has a drive- thru (Conditional of Approval No. 2.12). Building signage shall comply with TCC and compliance shall be verified at plan check. Zoning Administrator Action 23-003 CUP 2023-0005 & DR 2023-0006 Page 5 I. The proposed project is consistent with the development Guidelines and criteria as adopted by the City Council. The proposed project complies with TCC and applicable standards. Compliance will be verified at plan check. 8. The Tustin Police Department and Public Works Department have reviewed the application and have no immediate concerns. H. This project is Categorically Exempt pursuant to Section 15301 (Class 1) of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Zoning Administrator hereby approves CUP 2023-0005 and DR 2023-0006 authorizing the modification of an existing single-lane drive-thru servicing a fast-food restaurant into a double-lane drive-thru, in addition to other site and building modifications including changes to the parking lot, trash enclosure location, color of building canopies and new landscaping for the property located at 2992 El Camino Real, subject to the conditions contained within Exhibit A, attached hereto. PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin, at a regular meeting on the 22nd day of June, 2023. JUSTINA L. WILLKOM ZONING ADMINISTRATOR VERA HURTADO RECORDING SECRETARY Zoning Administrator Action 23-003 CUP 2023-0005 & DR 2023-0006 Page 6 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, VERA HURTADO, the undersigned, hereby certify that I am the Recording Secretary of the Zoning Administrator of the City of Tustin, California; that Zoning Administrator Action No. 23-003 passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 22th day of June, 2023. VERA HURTADO RECORDING SECRETARY EXHIBIT A ZONING ADMINISTRATOR ACTION 23-003 CONDITIONAL USE PERMIT 2023-0005 DESIGN REVIEW 2023-0006 2992 EL CAMINO REAL GENERAL (1) 1.1 The proposed project shall substantially conform with the plans dated June 22, 2023, on file with the Community Development Department, as herein modified, or as modified by the Community Development Director in accordance with this Exhibit. The Community Development Director may also approve subsequent minor modifications to plans if such modifications are consistent with provisions of the Tustin City Code (TCC) and other applicable codes. (1) 1.2 The conditions contained in this Exhibit shall be complied with as specified, subject to review and approval by the Community Development Department. (1) 1.3 This approval shall become null and void unless the use is established within twelve (12) months of the date of this Exhibit. Time extensions may be granted if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.4 Approval of Conditional Use Permit (CUP) 2023-0005 and Design Review (DR)2023-0006 is contingent upon the applicant and property owner signing and returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the property owner signing and recording with the County Clerk-Recorder a notarized "Notice of Discretionary Permit Approval and Conditions of Approval" form. The forms shall be established by the Community Development Director, and evidence of recordation shall be provided to the Community Development Department. Failure to comply with the Conditions of Approval of the establishment creates undue burden to City resources, or if the CUP is abandoned for a twelve (12) month period, these circumstances shall be grounds for revocation of the CUP. (1) 1.5 Any transfer of ownership of the establishment and/or operator shall require the new owner and/or operator to sign and return an "Agreement to Conditions Imposed" form provided by the Community Development. Failure to do so would be a basis for revocation proceeding. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Zoning Administrator Action 23-003 CUP 2023-0005 & DR 2023-0006 June 22, 2023 Page 2 (1) 1.6 Any violation of any of the conditions imposed is subject to the issuance of an Administrative Citation pursuant to TCC Section 1162(a). (1) 1.7 CUP 2023-0005 and DR 2023-0006 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. The Community Development Director shall review the use to ascertain compliance with the Conditions of Approval. If the use is not operated in accordance with CUP 2023-0006 and DR 2023-0006, or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the Community Development Director shall impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the CUP. (1) 1.8 As a Condition of Approval of CUP 2023-0005 and DR 2023-0006, the applicant shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, Zoning Administrator, or any other decision-making body, including staff, concerning this project. The City agrees to promptly notify the applicant 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) 1.9 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney's fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. (1) 1.10 Approved uses shall operate within all applicable State, County, and TCC regulations. 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 Zoning Administrator Action 23-003 CUP 2023-0005 & DR 2023-0006 June 22, 2023 Page 3 PLANNING DIVISION (1) 2.1 During peak hours of operation, the applicant may position an employee at the menu board with a wireless microphone and headset to take orders from vehicles in the drive-thru lanes. Employees with or without wireless headsets may not take orders from any vehicle not in the drive-thru lanes. (1) 2.2 All activities shall comply with the City's Noise Ordinance. The speaker board shall be equipped with a volume limiter/adjuster so that it will not exceed the Tustin Noise Ordinance. Read back order menu screen shall be installed to minimize noise impact. (1) 2.3 No change or alteration of the tenant space shall occur without prior approval of the Community Development Director. Major modifications to the drive-thru lanes, floor area, services, and/or operation of the business may require consideration of a new conditional use permit. (1) 2.4 No outdoor storage shall be permitted except as approved by the Community Development Director. (1) 2.5 At plan check, modified parking spaces shall have a minimum dimension of nine (9) feet by eighteen (18) feet. These spaces may have a two (2) foot overhang onto landscape or hardscape area provided that an adequate access path can be accommodated. (1) 2.6 If in the future, the City's Community Development Director and/or Public Works Department determine that a queuing, traffic or noise problem exists on the site or in the vicinity as a result of the facility, the Community Development Director and/or Public Works Department may require that the applicant prepare a traffic study or noise analysis and the applicant shall bear all associated costs. If said study indicates that there is inadequate queuing or a traffic or noise problem, the applicant shall be required to provide measures to be reviewed and approved by the Community Development Department, Police Chief, and/or Public Works Department. Said mitigation measures may include, but are not limited to, the following: a. Establish alternative hours of operation; b. Modify drive-thru operation; c. Provide a queuing analysis; or d. Provide noise attenuation improvements 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 Zoning Administrator Action 23-003 CUP 2023-0005 & DR 2023-0006 June 22, 2023 Page 4 (1) 2.7 The menu/speaker board shall utilize a lighted read-back display, either integrated as a single unit or two (2) separate units, or other alternative as a result of changes in technology, to the satisfaction of the Community Development Director. (1) 2.8 A sign permit shall be applied for and obtained from the Community Development Department prior to constructing, erecting, altering, replacing, moving, or painting any sign, except for signs exempt from a permit according to the Tustin Sign Code. Permit applications shall be accompanied by information as required for a standard sign plan or master sign plan, pursuant to the Tustin Sign Code. (1) 2.9 All signs shall be structurally safe and maintained in good condition at all times. The Community Development Director shall have the authority to order repair, replacement, or removal of any signs which constitute a hazard or nuisance to the safety, health, or public welfare by reason of inadequate maintenance, dilapidation, or obsolescence (1) 2.10 All signs shall be constructed of a non-corrosive, rust-resistant finish so as not to degrade in adverse weather conditions (1) 2.11 The locations for any signs shall comply with the City of Tustin Guidelines for Determining Sign Location Visual Clearance and Public Safety Areas. Signs shall not be placed in a manner that will obstruct or inhibit sight distance or visibility for the motorist. At plan check submittal, all signs shall be clearly identified on plans as to the exact locations. Any signs in proximity to the public right-of-way that could impact driver sight shall be shown at a larger scale that will be adequate for plan check purposes (1) 2.12 Menu board, order board, and directional signage shall be installed in accordance with the plans. Informational signage shall be designed and placed to facilitate ease of ordering and navigation of the parking lot area. Changes to the informational signage due to necessity, brand recognition, or technological advancements shall be approved by the Community Development Director. (***) 2.13 The hours of operation for the business shall be as follows: • Monday through Friday: 4:30 AM to 10:00 PM • Saturday and Sunday: 4:30 AM to 10:00 PM 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 Zoning Administrator Action 23-003 CUP 2023-0005 & DR 2023-0006 June 22, 2023 Page 5 Modifications to the hours of operation may be approved by the Community Development Director if it is determined that no impacts to the surrounding tenants or properties will occur. (1, 6) 2.14 At plan check, complete detailed landscaping and irrigation plans for all landscaping areas are required and must be consistent with adopted City of Tustin Landscaping requirements. The plans shall include the following: a. Include a summary table identifying plant materials. The plant table shall list botanical and common names, sizes, spacing, location, and quantity of the plant materials proposed. b. Show planting and berming details, soil preparation, staking, etc. The irrigation plan shall show location and control of backflow prevention devices, pipe size, sprinkler type, spacing, and coverage. Details for all equipment must be provided. c. Show all property lines on the landscaping and irrigation plans, public right-of-way areas, sidewalk widths, parkway areas, and wall locations. d. The Community Development Department may request minor substitutions of plant materials or request additional sizing or quantity of materials during plan check. e. Include a note that coverage of landscaping and irrigation materials is subject to inspection at project completion by the Community Development Department. f. Shrubs shall be a minimum of five (5) gallon size and shall be placed a maximum of five (5) feet on center. Other sizes and spacing may be permitted subject to approval of the Community Development Department. g. Ground cover shall be planted eight (8) to twelve (12) inches on center, or as approved by the Community Development Department. h. Fences, wall, and equipment areas shall be screened with walls, vines, and/or trees. (1, 6) 2.15 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 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 Zoning Administrator Action 23-003 CUP 2023-0005 & DR 2023-0006 June 22, 2023 Page 6 of litter, fertilizing, regular watering, and replacement of diseased or dead plants. (1, 6) 2.16 At plan check, project shall demonstrate compliance with the Water Efficient Landscape Ordinance. BUILDING DIVSION (1, 5) 3.1 At the time of building permit application, the plans shall comply with the latest edition of State and City of Tustin adopted codes: California Building Code, California Electrical Code, California Plumbing Code, City Ordinances, and State and Federal laws and regulations. (1) 3.2 If applicable, apply for a grading permit through the City of Tustin Building Division. Include alterations to hardscape, landscape and outdoor accessibility updates. PUBLIC WORKS (1) 4.1 Prior to issuance of any permits, the applicant shall submit for approval by the Community Development and Public Works Departments, a Non- Priority Water Quality Management Plan (WQMP) with a plan check deposit of$2,835.00 to the Public Works Department for the estimated cost of reviewing the WQMP. (1) 4.2 Prior to issuance of any permits, the applicant shall record a "Covenant and Agreement Regarding O & M Plan to Fund and Maintain Water Quality BMPs, Consent to Inspect, and Indemnification" with the County Clerk- Recorder. This document shall bind current and future owner(s) of the property regarding implementation and maintenance of the structural and non-structural BMPs as specified in the approved WQMP. (1) 4.3 Construction and Demolition Waste Recycling and Reduction Plan (WRRP). a. The applicant/contractor is required to submit a WRRP to the Public Works Department. The WRRP must indicate how the applicant will comply with the City's requirement (City Code Section 4351, et al) to recycle at least sixty-five (65) percent of the project waste material or the amount required by the California Green Building Standards Code. 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 Zoning Administrator Action 23-003 CUP 2023-0005 & DR 2023-0006 June 22, 2023 Page 7 b. 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 will be determined by the Public Works Department 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. 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". ORANGE COUNTY FIRE AUTHORITY (***) 5.1 Plan Submittal: The applicant or responsible party shall submit the plan(s) listed below to the Orange County Fire Authority (OCFA) for review. Approval shall be obtained on each plan prior to the event specified: Prior to OCFA clearance of a final map or issuance of a precise grading permit or a building permit, if a grading permit is not required: a. Updated Fire Master Plan (service code PR145). The Fire Master Plan shall comply with an approved Fire Protection Plan. FEES (1, 5) 6.1 Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of fifty dollars ($50.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period the applicant has not delivered to the Community Development Department the above-noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened. 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