HomeMy WebLinkAboutPC RES 4482 RESOLUTION NO. 4482
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TUSTIN, APPROVING CONDITIONAL USE
PERMIT 2022-0017 AND . DESIGN REVIEW 2023-0011
AUTHORIZING THE CONSTRUCTION OF A 3,600 SQUARE
FOOT TAKE-OUT RESTAURANT WITH DRIVE-THRU
FACILITIES AT 14601 RED HILL AVENUE,
The Planning Commission does hereby resolve as follows:
I. The Planning Commission finds and determines as follows:
A. That a proper application for Conditional Use Permit (CUP) 2022-
0017 and Design Review (DR) 2023-0011 was filed by Bickel Group
Architecture, requesting authorization to construct a new 3,600
square foot take-out restaurant with drive-thru facilities at 14601 Red
Hill Avenue, including the demolition of an existing take-out restaurant
with drive-thru facilities.
B. That the subject property is located within the Red Hill Avenue
Specific Plan (SP 13) and has a General Plan land use designation
of SP 13.
C. That pursuant to Section 4.3.2 of SP 13, a CUP is required prior to
establishment of a drive-thru. Tustin City Code (TCC) Section 9291(c)
requires the Planning Commission to consider and make 'a
determination on requests for a CUP.
D. That pursuant to TCC Section 9272, DR approval is required for the
building design and site planning of new structures. The Community
Development Director has deferred decision-making authority to the
Planning Commission to be considered concurrently with the request
for a CUP.
E. That in determining whether to approve a new development project in
SP 13, the Planning Commission must determine whether it can be
found that the location, size, architectural features, and general
appearance of the proposed development will not impair the orderly
and harmonious development of the area, the present or future
development therein, the occupancy thereof, or the community as a
whole. In making such findings, the Planning Commission has
considered the following:
1. The development is consistent with the overall vision, coals and
intent of SP 13. The project site is currently developed with a take-
out restaurant with drive-thru facilities. The project includes
Resolution No. 4482
CUP 2022-0017, DR 2023-0011
Page 2
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redeveloping the site with a new take-out restaurant with drive-
thru facilities and includes desirable amenities and features such
as an outdoor dining area, enhanced architecture, and bike racks
which contribute towards the Specific Plan's vision, goals, and
intent of fostering a vibrant, pedestrian-oriented environment.
2. The development is consistent with the policies and intent of the
Development Plan (Chapter 3 including the Urban Design 'plan
(Section 3.4)_ The project was reviewed for and determined to be
in compliance with the Specific Plan.
3. The project, including the pro osed uses and requested
entitlements, complies with the Permitted Land Use and„Activities
Table (Table 4.1) and complements and contributes to the_pojecf
area. The project was reviewed for and determined to be in
compliance with the Specific Plan.
4. The development substantially complies with the Commercial
Development Standards (Chapter 4) The project was reviewed
for and determined to be in compliance with the Specific Plan.
5. The development substantially complies with the Commercial
Design Criteria (Chapter 5Z The project was reviewed for and
determined to be in compliance with the Specific Plan.
6. Compliance with applicable Development Standards and Desi n
Criteria is demonstrated and ensured through Design Review of
the proLect site plan, building elevations floor plan, Parkingplan,
landscaping Ian li htin lan access plans, refuse plans, and
any other applicable planLs) or documents}_The project was
reviewed for and determined to be in compliance with the Specific
Plan.
7. Required parking for the project is provided entire) on-site. The
Red Hill Shopping Village is a large commercial center that
requires 251 parking spaces to accommodate all on-site
businesses. The center will provide 252 parking spaces on-site
following completion of the project. Therefore, the parking
requirement is satisfied.
8. The development demonstrates high-quality architectural design
and site planning and reflects the nature of the site and the
surrounding area through the following_
a. Incorporatinq roof forms and facades that provide
building articulation, create visual interest, and reduce the
appearance of uniform buildinq massin The project L J
incorporates roof gables and design choices inspired by
the Agricultural/Farmhouse architectural style. Building
Resolution No. 4482
CUP 2022-0017, DR 2023-0011
Page 3
massing is softened by varying wall depths and parapet
heights as well as by a low shed roof placed at a
pedestrian scale near the main entrances.
b. Creating a design that is both cohesive and va in with
respect to architectural style, architectural details,
windows, doors, colors, and materials. The project's
design is inspired by the Agricultural/Farmhouse
architectural style. The use of materials such as board
and batten siding, wood siding, and textured stucco in
neutral colors, together with features such as the low-
pitched gabled roofs at the main entrances, embodies
this architectural style. The selected windows and doors
are appropriate for commercial development and in
harmony with the overall design. Enhanced materials are
used throughout the building exterior, providing a four-
sided architecture scheme.
c. Facilitating pedestrian orientation through building
placement, building scale, and architectural design. The
project is pedestrian oriented in that architectural design
choices were made to bring the building's massing to a
pedestrian scale at main entrances through the use of
floor-to-ceiling windows, a low shed roof, and an outdoor
dining area facing Red Hill Avenue. Bicycle storage racks
are provided in front of the northern main entrance along
the path of travel to and from the sidewalk at Red Hill
Avenue, facilitating alternative transportation choices
other than a private automobile.
d. Ensuring associated elements including_parking, service
areas, landscaping, lighting and pedestrian access, and
amenities are functional and serve to enhance the overall
appearance and experience of the project The project
was reviewed for and determined to be in compliance
with the Specific Plan.
e. Siting and design inq structures that relate to and res ect
adjacent development and sensitive land uses. The
project includes the redevelopment of a site with a
substantially similar use — a take-out restaurant with
drive-thru facilities. The proposed building and drive-thru
have a similar siting and footprint as the existing
development. Mature cypress trees, which were planted
to buffer the existing development from the nearby
residential community, will be protected and remain. Site
lighting will not trespass onto adjacent properties. As
conditioned, operation of the business must comply with
Resolution No. 4482
CUP 2022-0017, DR 2023-0011
Page 4
the Tustin Noise Ordinance, including being able to adjust
the volume of drive-thru speakers to address concerns
that may arise.
9. The development is supported by existing infrastructure or will be
supported by infrastructure improvements paid for by the
developer. The development is supported by existing
infrastructure.
10. The developer consents to enter into a mutually agreeable
Development Agreement if the City requests one. The City does
not request a Development Agreement as part of this project.
11. The project impacts are assessed through the approved SP 13
Program EIR or through subsequent environmental
documentation in compliance with the CEQA_guidelines. The
project is exempt from CEQA per Section 15332 of the State
CEQA Guidelines for infill development projects.
F. That in determining whether to approve the CUP and the DR, the
Planning Commission must determine whether it can be found that
the location, size, architectural features, and general appearance of
the project will not impair the orderly and harmonious development of
the area, the present or future development therein, the occupancy
thereof, or the community as a whole, and that the establishment of
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, nor to the
general welfare of the City of Tustin. In making such findings, the
Planning Commission has considered at least the following items:
1. Height bulk and area of buildings, The proposed building includes
varying roof and parapet heights ranging from 21 feet to 30 feet to
soften its massing and support a pedestrian-oriented design. The
building's massing is articulated on all four (4) sides, providing a
consistent four-sided architecture scheme.
2. Setbacks and site planning. The building is setback by
approximately 53 feet from Red Hill Avenue and approximately 44
feet from the property line of the nearest residential community to
the south. The site includes amenities such as bicycle storage
racks and an outdoor dining area facing Red Hill Avenue to support
a pedestrian-oriented urban environment and lifestyle.
3. Exterior materials and colors. The use of materials such as board
and batten siding, wood siding, and textured stucco in neutral
colors is emblematic of the Agricultural/Farmhouse architectural
Resolution No. 4482
CUP 2022-0017, DR 2023-0011
Page 5
style. The selected windows and doors are appropriate for
i' commercial development and in harmony with the overall design.
Enhanced materials are used throughout the building exterior,
providing a four-sided architecture scheme.
4. Type and pitch of roofs. Low-pitched gabled roofs are prominently
placed at the building's main entrances. Flat parapets with varying
heights are used throughout the rest of the building to screen
rooftop equipment.
5. Size and Macing of windows doors and other openings. The
building incorporates prominent amounts of glazing, accented with
wooden and metallic design elements throughout all facades to
provide a consistent four-sided architecture scheme. Floor-to-
ceiling windows are provided at main entrances and especially at
the door leading to and from the outdoor dining area, which creates
a sense of connection between the indoor and outdoor dining
areas.
6. Landscaping and parking area ,design. New landscaping is
proposed at the project frontage along Red Hill Avenue and within
the site's interior to screen the drive-thru from public view. Where
applicable, parking stalls will have a two (2) foot overhang into
landscape planters to provide the minimum nineteen (19) foot stall
depth requirement.
7. Location, height and standards of exterior illumination., The project
includes the installation of new light fixtures throughout the site As
proposed, illumination levels from these fixtures fall to zero (0) at
the edges of the site such that there is no light trespass on the
adjacent residential community while providing the minimum level
of illumination (one (1) foot-candle) for all drive aisles and walkway
areas.
S. Location and appearance of equipment located outside of an
enclosed structure. An existing electrical transformer at the
southeast corner of the site along Red Hill Avenue will be screened
from public view by new landscaping.
9. Location and method of refuse storage. A new trash enclosure will
be constructed in the center of the site, compliant will applicable
regulations and screened from public view by landscaping.
10.Appearance and design relationship of proposed structures to
existing structures and 12ossible future structures in the
neighborhood and oublic thoroughfares. The project is consistent
Resolution No. 4482
CUP 2022-0017, OR 2023-0011
Page 6
with the requirements of SP 13 and sets a strong example for the
high-quality architectural expectations envisioned for the area.
11.Proposed sipnin As conditioned, a Master Sign Plan will be
submitted to the Community Development Director for review and
approval.
12. The ,proposed project is consistent with the development
Guidelines and criteria as adopted by the City Council. The project
is consistent with the Design Review criteria outlined in TCC 9272
and Chapter 5 of SP 13.
G. That as proposed, the required number of parking spaces (251
spaces)for the operation of all businesses within this large commercial
center is provided on-site.
H. That the proposed take-out restaurant with drive-thru facilities is
located along the Red Hill Avenue commercial corridor where a variety
of retail and service businesses are located. The proposed hours of
operation are consistent with characteristics of similar uses.
1. That 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.
J. That the City's Police Department has reviewed the application and
has no concerns.
K. That this project is Categorically Exempt pursuant to Section 15332
(Class 32) of the California Code of Regulations (Guidelines for the
California Environmental Quality Act).
L. That on January 23, 2024, a public hearing was duly noticed, called,
and held by the Planning Commission on CUP 2022-0017 and DR
2023-0011
II. The Planning Commission hereby approves CUP 2022-0017 and DR 2023-
0011 authorizing the construction of a new 3,600 square foot take-out
restaurant with drive-thru facilities at 14601 Red Hill Avenue, including the
demolition of an existing take-out restaurant with drive-thru facilities, subject
to the conditions contained within Exhibit A attached hereto.
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Resolution No, 4482
CUP 2022-0017, DR 2023-0011
Page 7
PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular
meeting on the 23,d day of January, 2024.
"'STEVE KOZAk,
Chairperson
JueINA L. WIILLKOM
Planning Commission Secretary
APPROVED AS TO FORM:
MICHAEL DAL D-r-
Assistant City Attorney
Resolution No. 4482
CUP 2022-0017, IDR 2023-0011
Page 8
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF TUSTIN
1, Justina L. Willkom, the undersigned, hereby certify that I am the Planning Commission
Secretary of the City of Tustin, California; that Resolution No., 4482 was duly passed and
adopted at a regular meeting of the Tustin Planning Commission, held on the 23,d day of
January, 2024.
PLANNING COMMISSIONER AYES: Douthit, Higuchi, Kozak, Mason (4)
PLANNING COMMISSIONER NOES: MeTio
PLANNING COMMISSIONER ABSTAINED:
PLANNING COMMISSIONER ABSENT:
JOSYNA L. WILLKOM
Planning Commission Secretary
Exhibit A- Conditions of Approval
EXHIBIT A
CONDITIONAL USE PERMIT 2022-0017
DESIGN REVIEW 2023-0011
CONDITIONS OF APPROVAL
14601 RED HILL AVENUE
GENERAL
(1) 1.1 The proposed use shall substantially conform to the project description and
submitted plans for the project date stamped January 23, 2024, 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 the use is established 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) 2022-0017 and Design Review
(DR)2023-0011 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 2022-0017 and DR 2023-0011, the
applicant and property owner shall agree, at its sole cost and expense, to
defend, indemnify, and hold harmless the City, its officers, employees,
agents, and consultants, from any claim, action, or proceeding brought by a
third party against the City, its officers, agents, and employees, which seeks
to attack, set aside, challenge,void, or annul an approval of the City Council,
the Planning Commission, or any other decision-making body, including staff,
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-Conditions of Approval
CUP 2022-0017 & DR-2023-0011
January 23, 2024
Page 2
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 Tustin City Code Section 1162(a).
(1) 1.7 The applicant and/or property owner shall be responsible for costs
associated with any necessary code enforcement action, including attorney's
fees, subject to the applicable notice, hearing, and appeal process as
established by the City Council by ordinance.
(1) 1.8 CUP 2022-0017 and DR 2023-0011 may be reviewed at any time by the
Community Development Director. The Community Development Director
shall review the use to ascertain compliance with conditions of approval. If
the use is not operated in accordance with CUP 2022-0017 and DR 2023-
0011, or is found to be a nuisance or negative impacts are affecting the
surrounding tenants or neighborhood, the Community Development Director
may impose additional conditions to eliminate the nuisance or negative
impacts, or may initiate proceedings to revoke the Conditional Use Permit.
USE RESTRICTIONS
(1), 2.1 The daily business hours shall be as follows:
(7)
• Indoor dining area — 5:00 a.m. to 1:00 a.m.
• Outdoor dining area—7:00 a.m. to 10:00 p.m.
• Drive-thru — Twenty-four (24) hours a day
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. The operating hours shall be posted in the
restaurant and the outdoor dining area and shall be enforced by employees
of the restaurant. Any modifications to the hours of operation shall require
the approval in writing of the Community Development Director.
*** 2.2 During peak hours of operation, the applicant may position an employee at
the menu board with a wireless microphone and headset to take orders
from vehicles in the drive-through lane. Employees may not take orders
from any vehicle not in the drive-through lane.
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Exhibit A-Conditions of Approval
CUP 2022-0017 & DR-2023-0011
January 23, 2024
Page 2
(1) 2.3 All activities shall comply with the City's Noise Ordinance. The drive-thru
speaker board shall be equipped with a volume limiter/adjuster so that it will
not exceed the Tustin Noise Ordinance, No other amplified sound devices
are permitted outside of the building.
(5), 2.4 The drive-thru menu/speaker board shall utilize a lighted read-back
*` display, either integrated as a single unit or two (2) separate units, or other
alternative as a result of changes in technology, to the satisfaction of the
Community Development Director.
(1) 2.5 If in the future the City determines that a parking, traffic, or noise problem
exists on the site or in the vicinity as a result of the proposed project, the
Community Development Director may require the applicant to prepare a
parking demand analysis, traffic study, or noise analysis and the applicant
and/or property owner shall bear all associated costs. If said study
indicates that there is inadequate parking or a traffic or noise problem, the
applicant and/or property owner shall be required to provide mitigation
measures to be reviewed and approved by the Community Development
Department. Said mitigation may include, but are not limited to, the
following:
a. Adjust hours of operation
b. Provide additional queuing space
c. Adjust ordering procedures
d. Provide additional parking
e. Provide additional noise buffers including, but not limited to, walls,
landscaping, or other sound attenuation methods.
(1) 2.6 Business operations shall be conducted in a manner that does not create a
public or private nuisance. Any such nuisance must be abated immediately
upon notice by the City of Tustin.
(1) 2.7 No change or alteration of the building shall occur without prior approval of
the Community Development Department. Major modifications to the floor
area, services, and/or operation of the business may require consideration
of a new conditional use permit.
(1) 2.8 No outdoor storage shall be permitted except as approved by the
Community Development Director.
(5) 2.9 Sale and consumption of alcoholic beverages is prohibited at this location
unless separate approval of a conditional use permit for alcoholic beverage
sales is obtained.
Exhibit A- Conditions of Approval
CUP 2022-0017 &DR-2023-0011
January 23, 2024
Page 2
OUTDOOR DINING AREA
(1) 3.1 No outdoor keeping or storage of food or beverages shall be permitted, No
open keeping or storage of used dishes, utensils or food scraps shall be
permitted. Self-closing outside trash containers shall be provided to the
satisfaction of the Community Development Department. All outdoor dining
areas shall be cleaned on a continual daily basis and comply with the
provisions of TGC 9277 at all times.
(1) 3.2 Doors from the main restaurant to the outdoor dining area shall be self-
closing.
(1) 3.3 The outdoor dining area shall comply with all applicable federal, state,
county and city laws and regulations concerning accessibility and
nondiscrimination in the provision of services.
(1) 3.4 Furniture or other objects in the outdoor dining area shall not obstruct any
fire exit, fire escape, or other required ingress or egress to any structure or
property.
(1) 3.6 The outdoor dining area shall comply with the City's Noise Ordinance.
(1) 3.6 Live entertainment, amplified music, and/or television screens within the
outdoor dining area shall not be permitted, unless specifically approved by
the Community Development Director.
(1) 3.7 Lighting shall be provided during hours of darkness to illuminate the
outdoor dining area to a minimum of one footcandle of light in compliance
with Ordinance No. 1503.
(1) 3.8 Violation of any of the requirements set forth in this Section, or any other
conditions placed on approval of an outdoor seating area by the City of
Tustin, shall constitute a violation of the Tustin City Code, subject to
enforcement in any manner authorized by the Code. In addition, the
Community Development Director is hereby authorized to suspend or
revoke any prior approval of an outdoor dining area upon continuous or
repetitive violation of such requirements or conditions.
SIGNAGE
(1) 4.1 Site and building signage shall comply with the applicable sign regulations
pursuant to the Red Hill Avenue Specific Plan and, where silent, the Tustin
City Code.
Exhibit A-Conditions of Approval
CUP 2022-0017 & DR-2023-0011
January 23, 2024
Page 2
(1) 4.2 A Master Sign Program application shall be submitted to the Community
Development Department for review prior to submitting plans for a sign
permit. The Master Sign Program must be approved by the Community
Development Department prior to the issuance of a sign permit.
(1) 4.3 Informational and directional signage shall be designed and placed to
facilitate ease of ordering and navigation of the parking lot area. Changes to
this signage due to necessity, brand recognition, or technological
advancements shall be approved by the Community Development Director.
ARCHITECTURE AND DESIGN
(4) 5.1 All roof access shall be provided from the inside of the building.
(1) 6.2 All exposed flashing or trim shall be painted to match the building.
(1) 5.3 All rooftop mounted equipment shall be installed below the top of the
parapet so as not to be visible from the public right-of-way, adjacent
properties, or on-site.
(1) 5.4 Utility meters located outside of the building shall be screened with
landscaping to the greatest extent possible.
(1) 5.5 Onsite lighting shall be designed to contain illumination onto the property and
shall not spill out onto adjacent streets or properties. Final site and building
lighting shall be reviewed and approved at plan check.
(1) 5.6 All utilities shall be installed and maintained underground.
(1) 5.7 All exterior colors and architectural materials shall be consistent with those
approved in the plans date stamped January 23, 2024. Proposed changes
must be submitted to the Community Development Department for review
and approval prior to occurring.
LANDSCAPE
(1), 6.1 Landscaped areas shall be maintained and watered and all dead plant
(6) material is to be removed and replaced.
(1), 6.2 All plant materials shall be installed in a healthy and vigorous condition typical
(6) to the species. Landscaping shall be maintained in a neat and healthy
condition, which includes, but is not limited to trimming, mowing, weeding,
litter removal, fertilizing, regular watering, and replacement of diseased or
dead plants.
Exhibit A-Conditions of Approval
CUP 2022-0017&DR-2023-0011
January 23, 2024
Page 2
(1), 6.3 At plan check, complete detailed landscaping and irrigation plans for all
(6) landscaping areas are required, consistent with the approved landscape
plans, City Council Ordinance 1465, adopted Guidelines for
Implementation of Tustin's Water Efficient Landscape Ordinance and TCC
Section 9266e.
(1), 6.4 Backflow devices and double detector checks shall be painted to match
(6) surrounding landscaping when in planters or painted to match the building
when located adjacent to a building. Landscaping shall be utilized to
screen the devices where possible.
(1), 6.5 Fences, wall, and equipment areas shall be screened with walls, vines,
(6) and/or trees.
PLAN SUBMITTAL
(1) 7.1 Obtain a separate demolition permit to remove existing improvements
proposed for demolition.
(1) 7.2 At Building plan check submittal, plans shall include all architectural,
structural, MEP, Energy, Green, and PV solar plans.
(1) 7.3 All construction shall comply with the 2022 California Codes including, but
not limited to, the California Building Code, California Mechanical Code,
California Electrical Code, California Plumbing Code, California Green
Building Code, and the California Energy Code.
(1) 7.4 At plan check, demonstrate that the site and building comply with the
accessibility requirements of CBC Chapter 11 B.
(1) 7.5 At plan check, demonstrate an accessible path of travel to the trash
enclosure is provided.
(1) 7.6 At plan check, demonstrate that the allowable building area complies with
CBC 506.1.
(1) 7.7 At plan check, demonstrate that exterior walls of the building and trash
enclosure comply with CBC Table 705.5.
(1) 7.8 At plan check, demonstrate that the canopy complies with CBC Table
705.2 and 705.5.
(1) 7.9 A Type I hood at all cooking equipment is required.
(1) 7.10 A grease interceptor is required.
L_�
Exhibit A-Conditions of Approval
CUP 2022-0017 & DR-2023-0011
January 23, 2024
Page 2
(1) 7.11 Demonstrate that the building complies with the current California Green
Building Standards Code Mandatory Measures.
(1) 7.12 At Building plan check submittal, provide a soils report.
PUBLIC WORKS DEPARTMENT
WATER QUALITY CONDITIONS
(1) 8.1 This development shall comply with all applicable provisions of the City of
Tustin Water Quality Ordinance and all Federal, State, and Regional Water
Quality Control Board rules and regulations.
(1) 8.2 Prior to issuance of first permit, the applicant shall submit for approval by
the Community Development and Public Works Departments, a final Water
Quality Management Plan (WQMP). The final WQMP shall identify Low
Impact Development (LID) principles and Best Management Practices
(BMPs) that will be used on-site to retain storm water and treat predictable
pollutant run-off. The Priority WQMP shall identify: the implementation of
BMPs, the assignment of long-term maintenance responsibilities
(specifying the developer, parcel owner, maintenance association, lessees,
etc.), and reference to the location(s) of structural BMPs.
(1) 8.3 Prior to submittal of a final Water Quality Management Plan (WQMP), the
applicant shall submit a deposit of $2,835.00 to the Public Works
Department for the estimated cost of reviewing the WQMP.
(1) 8.4 Prior to issuance of first permit, 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) 8.5 Prior to the owner obtaining a Final Approval and Certificate of Occupancy
(C of O), the engineer responsible for the approved WQMP shall stamp
and sign the Stormwater Observation Report Form.
(1) 8.6 All improvements and landscaping within a limited use area must be
restricted to a height of 12 inches or less. Generally, a 25' x 25' triangle
on each side of a driveway abutting a public street shall define a limited
use area in which obstructions such as walls or landscaping that could
block line of sight are not allowed in the limited use area, and proposed
street tree with a diameter of no greater than 24" shall have a canopy no
- lower than 84" above the curb to ensure adequate sight lines. Sight triangle
on each side of a driveway abutting a public street shall define a limited
Exhibit A-Conditions of Approval
CUP 2022-0017& DR-2023-0011
January 23, 202A }
Page 2
use area in which obstructions such as walls or landscaping that could
block line of sight are not allowed.
(1) 8.7 Per the County of Orange TGD, INF-2, the infiltration trench may be
considered an injection well and will need to be registered.
DEDICATION CONDITIONS
(1) 9.1 The applicant shall dedicate in fee title seventeen (17) feet of existing
roadway easement along the project frontage of Red Hill Avenue at no cost
to the City. Prior to issuance of first permit, the applicant shall submit a
legal description and plat as prepared by a California Registered Civil
Engineer or California Licensed Land Surveyor to the Engineering Division
for review and approval.
(1) 9.2 Pursuant to Tustin City Code Section 9271(x) and in conformance with the
Circulation Element of the City of Tustin General Plan, prior to issuance of
any permit, the applicant shall provide an irrevocable offer to dedicate in
fee title ten (10) feet of additional street right-of-way along the project
frontage of Red Hill Avenue to its ultimate major arterial width. The
required dedication limit is along the project frontage, extending down to
the southerly line of Parcel 1 , not along the entire Parcel 1
frontage. Dedications shall be made at no cost to the City. Prior to
issuance of first permit, the applicant shall submit a legal description and
plat as prepared by a California Registered Civil Engineer or California
Licensed Land Surveyor to the Engineering Division for review and
approval.
(1) 9.3 The dedications shall state that the City of Tustin shall be permitted to
obtain, at no cost to the City, a 10-foot-wide Temporary Construction
Easement (TCE) and a right-of-entry for all on-site joins when the ultimate
street improvements are constructed. The TCE and the right-of-entry shall
terminate on the date that the Notice of Completion for the future City
improvement project is recorded at the Orange County Clerk-Recorder's
office. Upon notice from the City of impending roadway widening, the
property owner shall promptly remove and relocate at their own expense
all private property facilities out of the roadway dedication area contained
in the irrevocable offer.
(1) 9.4 To allow private property facilities (such as monument signage and signs)
within the dedication area for future right-of-way, prior to approval of first
permit, the applicant shall prepare and enter into a "future monument sign
removal agreement with the City that would guarantee removal of the sign
at the property owner's expense at a time requested by the City. The
applicant shall be responsible for City Attorney review fees and the cost of
recording the agreement. The City of Tustin may require removal of the
monument sign (at the property owner's expense) for various reasons,
Exhibit A-Conditions of Approval
CUP 2022-0017 & DR-2023-0011
January 23, 2024
Page 2
including but not limited to: accommodation of road widening/ parkway
improvements, traffic operational issues, and environmental/engineering
impacts.
STREET IMPROVEMENT CONDITIONS
(1) 10.1 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) 10.2 Prior to issuance of an Encroachment Permit, the applicant shall submit to
the Public Works Department 24" x 36" reproducible street improvement
plans, as prepared by a California Registered Civil Engineer, for approval.
The 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.
a. The applicant shall remove the street tree adjacent to the
project frontage.
b. The applicant shall remove and reconstruct the damaged
sidewalk along project frontage on Red Hill Avenue.
(1) 10.3 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) 10.4 Current Federal Americans with Disabilities Act (ADA) requirements shall
be met at all driveways and sidewalks adjacent to the site. City of Tustin
standards shall apply, unless otherwise approved by the City Engineer.
Depending on the applicable City standard, an easement on private
property for pedestrian access may be required. In this case, a legal
description and sketch of the dedication area, as prepared by a California
Registered Civil Engineer or California Licensed Land Surveyor, shall be
submitted to the Public Works Department for review and approval.
WATER IMPROVEMENT CONDITIONS
(1) 11.1 In accordance with the plans, a backflow prevention device may be
required to protect the public water system from cross connections.
a. If a double check detector assembly (DCDA) is required, an
easement for public utility access purposes must be dedicated to the
City of Tustin. The easement shall start from the public right-of-way
up to the DCDA with a minimum distance of five (6) feet all around
Exhibit A-Conditions of Approval
CUP 2022-0017 & DR-2023-0011
January 23, 2024 r._...,
Page 2
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) 11.2 Any easements for construction and maintenance of public water facilities
within private property shall be reviewed and approved by the Public Works
Department prior to recordation with the Orange County Clerk-Recorder.
The applicant shall submit a legal description and sketch of the area to the
Public Works Department for review and approval, as prepared by a
California Registered Civil Engineer or California Licensed Land Surveyor.
(1) 11.3 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) 11.4 This project is within the East Orange County Water District (EOCWD)
Wholesale water 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 first permit, the applicant shall
submit a copy of EOCWD written release/approval to the City of Tustin
Public Works Department.
(1) 11.5 The adequacy of a proposed water system plan for a proposed
development project, including the number, size and distribution of fire
hydrants, must be reviewed by the Orange County Fire Authority (OCFA).
Plans meeting OCFA fire protection requirements must be stamped and
approved by that agency.
(1) 11.6 The proposed domestic water system plans must conform to all applicable
regulations enforced by the Orange County Health Department.
SOLID WASTE RECYCLING CONDITIONS
(1) 12.1 Construction and Demolition Waste Recycling and Reduction Plan
(WRRP).
a. The applicant/contractor is required to submit a WRRP to the Public
Works Department. The WRRP must indicate how the applicant will
comply with the City's requirement (City Code Section 4351, et al) �
to recycle at least 65% of the project waste material or the amount
Exhibit A-Conditions of Approval
CUP 2022-0017& DR-2023-0011
January 23, 2024
Page 2
required by the California Green Building Standards Code.The
applicant will be required to submit a $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 Tustin City Code.
b. Prior to issuance of any permit, the applicant shall submit the
required security deposit in the form of cash, cashier's check,
personal check, or money order made payable to the "City of Tustin".
(1) 12.2 Facility Solid Waste Collection and Recycling Plan.
a. The applicant, property owner, and/or tenant(s) are required to
participate in the City's recycling programs.
b. Waste and Recycling collection facilities shall be equally and readily
accessible by the property owner(s) or tenant(s).
c. Waste and Recycling collection facilities must be placed in a location
that can be easily and safely accessed by the solid waste hauler
while utilizing either front loader or side loading equipment.
d. Adequate collection capacity shall be provided to ensure that
collection frequency shall not exceed four times per week for
commercial customers.
e. All trash enclosures shall be designed with roof and be able to
accommodate at least two (2) 4-yard bins, with at least one (1) bin
reserved for recyclable materials. Space for a container for organics
is also required as described in Section below.
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) 13.1 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) 13.2 Any damage done to existing public street improvements and/or utilities
shall be repaired to the satisfaction of the City Engineer before issuance of
a Certificate of Occupancy.
Exhibit A-Conditions of Approval
CUP 2022-0017 &DR-2023-0011
January 23, 2024 -
Page 2
FEES
(1) 14.1 Within forty-eight (48) hours of approval of the subject project, the applicant
shall deliver to the Community Development Department, a cashier's check
payable to the COUNTY CLERK in the amount of fifty dollars ($50.00) to
enable the City to file the appropriate environmental documentation for the
project. If within such forty-eight (48) hour period the applicant has not
delivered to the Community Development Department the above-noted
check, the statute of limitations for any interested party to challenge the
environmental determination under the provisions of the California
Environmental Quality Act could be significantly lengthened.
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