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HomeMy WebLinkAbout04 PC REPORT POPEYES • AGENDA REPORT ITEM #4 MEETING DATE: MAY 28, 2024 TO: PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CONDITIONAL USE PERMIT 2023-0016 AND DESIGN REVIEW 2023-0028 APPLICANT: PROPERTY OWNER: HANNIBAL PETROSSI VGPT, LLC PETROSSI AND ASSOCIATES, INC. C/O OLYMPIA CAPITAL CORPORATION 1001 DOVE STREET, SUITE 290 WILLIAM JAGER NEWPORT BEACH, CA 92660 P.O. BOX 1003 GARDEN GROVE, CA 92842-1003 LOCATION: 14982 PROSPECT AVENUE GENERAL PLAN: DOWNTOWN COMMERCIAL CORE SPECIFIC PLAN, SP-12 ZONING: DOWNTOWN COMMERCIAL CORE SPECIFIC PLAN, SP-12 ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 3) PURSUANT TO SECTION 15303 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. ------- 'a eyes LOUIS"KITCHEN i w i u , III PC Report May 28, 2024 CUP 2023-0016 & DR 2023-0028 Page 2 REQUEST: A REQUEST TO DEMOLISH A VACANT AUTO SERVICE STATION AND CONSTRUCT A NEW 1,413 SQUARE FOOT DRIVE-THRU RESTAURANT WITH AN OUTDOOR DINING AREA AND OTHER SITE IMPROVEMENTS AT 14982 PROSPECT AVENUE RECOMMENDATION: That the Planning Commission adopt Resolution No. 4487 approving Conditional Use Permit (CUP) 2023-0016 and Design Review (DR) 2023-0028 to authorize a request to demolish a vacant auto service station and construct a new 1 ,413 square foot drive-thru restaurant with an outdoor dining area and other site improvements at 14982 Prospect Avenue. APPROVAL AUTHORITY: Conditional Use Permit — Pursuant to Table 3.1 of the Downtown Commercial Core Specific Plan (DCCSP), a CUP is required prior to the establishment of a drive-thru. Pursuant to Tustin City Code (TCC) Section 9291(c) the Planning Commission will consider and determine requests for a CUP. Design Review — TCC Section 9272 authorizes the Community Development Director to consider the DR application; however, since the proposal includes a CUP that requires Planning Commission deliberation, DR 2023-0028 is being forwarded to the Planning Commission for concurrent consideration. BACKGROUND: Site and Surrounding Properties The subject property is an approximate 0.43-acre lot and is located in the DCCSP within Development Area (DA) 2 (Figure 1 , Page 3). The site has a zoning designation and General Plan land use designation of DCCSP (SP-12) and is developed with a vacant 1 ,655 square foot auto repair shop. The site is bounded by Prospect Avenue to the west, First Street to the south, and a variety of commercial, retail, food and automotive services on all sides (Figure 2, Page 3). PC Report May 28, 2024 CUP 2023-0016 & DR 2023-0028 Page 3 Q , dU a .2 Project site a i I i c n, 1 F----First Street----4 Figure 1.Project Site I Retail and Tustin Plaza Apartments Services (Multiple Family Residential) { > mixed-use - J' Q J a) a 2 a i Eat Fantastic Project Site McDonald's (Food (Food Service) Service) Y . 7 F----First Street-- 4 u, Mountain _ View Auto and Tire Tustin Plaza Service Car Wash " :� =`" L (Automotive (Automotive use) use) AM Figure 2.Surrounding Uses PC Report May 28, 2024 CUP 2023-0016 & DR 2023-0028 Page 4 DISCUSSION: Project Description The property at 14982 Prospect Avenue is developed with a vacant auto service station that was approved in 1982. The site has been vacant since approximately 2017. The existing building would be demolished and replaced with a new 1 ,413 square foot drive-thru restaurant with an outdoor dining area. The proposal includes grading for the proposed restaurant use and other site improvements. Site Plan and Architecture The proposed 1,413 square foot building will be developed as a freestanding pad restaurant. The outdoor dining area will be adjacent to First Street and Prospect Avenue. In addition, a single-lane drive-thru would wrap around the proposed parking lot and culminate north of the proposed building. The building will be setback from Prospect Avenue approximately 44 feet and from First Street approximately four feet. Vehicular access to the site would be provided by two driveways on Prospect Avenue. The northerly driveway would be planned as entrance only (Red arrow, Figure 3) and the southerly driveway would serve for exiting only with left and right turn movement onto Prospect Avenue as denoted by the blue arrow in Figure 3. for the parking lot and the drive thru. A trash enclosure will be situated in the center of the site and screened from First Street and Prospect Avenue. _ r Ti 1 - 3 3• 5 6 L S I _ LS -; y, 1L .L 11 v 4 II I 5E 41 jk- S - r- Outdoor sL� r +a ri •r, I ]] Se •,w,p F`opezrs Restancant U 3S pp 43 " T 3Y LL LL L 36 Figure 3. Proposed Site Plan PC Report May 28, 2024 CUP 2023-0016 & DR 2023-0028 Page 5 The exterior of the building will offer a contemporary style that combines white plaster, decorative brick, wood slats, orange and teal canopies, and large windows that enhance its visual appeal and reflect the restaurant's brand identity, and adhere to the DCCSP's guidelines, while offering an inviting view and environment for customers. aon Lou951AM KITCHEN `;, r 4 r South Elevation West Elevation r ILI �>> Fa North Elevation East Elevation Figure 4. Elevations The building is proposed to have varied parapet heights ranging from 19 feet to 20 feet and is consistent with the maximum height for a commercial building in DA-2 of the DCCSP (three stories maximum). PC Report May 28, 2024 CUP 2023-0016 & DR 2023-0028 Page 6 Floor Plan The interior of the building would consist of kitchen space, drive-thru window, two pick up windows, walk-in cooler, walk-in freezer, and a uni-sex restroom (Figure 5). No customer service area within the building would be provided for dining purposes. .-H.,. 9 DRT%-E-THRU Aa/ ❑ PKE-UP z. 1 l I ❑ .— WAI I-N LL'rV%-L1 Fil CCHEN 3 O6r .F FF RE5I Ro oll 101 lOS ❑ �O�F �tr.- LOi II Figure 5. Floor Plan Outdoor Dining Area The proposed design for the 220 square foot outdoor dining area includes three fixed tables with 12 fixed seats, situated near the restaurant's main entrance on Prospect Avenue. Landscaping will soften the transition between the public right-of-way and dining area. The design is in accordance with the DCCSP, aiming to improve pedestrian experience, and meets all criteria of TCC 9277 concerning outdoor dining and accessibility standards. Landscaping The plant palette emphasizes drought resistance and low maintenance, with a focus on evergreens and vibrant flowering species to ensure year-round visual interest. The plant selection, including fortnight lily, red yucca, apricot queen New Zealand flax, and more, favors plants that are well-suited to the local climate, balancing aesthetic appeal with environmental responsibility. Landscaping would be located throughout the project site in accordance with the TCC. PC Report May 28, 2024 CUP 2023-0016 & DR 2023-0028 Page 7 1 W 4" n �Tnord C4 ❑'. Meiy 6. .ate• II'I'1' �'& Feu•c F E � Y E �i J niw a,a a[ vu aeon --rc...-....-... mn . = .gem Figure 6. Landscape Pian The project's landscaping and irrigation will be required to comply with the City of Tustin Water Efficient Landscape Ordinance at the time of plan check. Signage As conditioned, the applicant will be required to submit a master sign plan prior to obtaining sign permits to ensure proposed signage, including wall, monument, drive-thru, and wayfinding signs, complies with all applicable requirements. The proposed drive-thru would have a traditional signage scheme. A digital menu board will be placed in the drive-thru lane and payment will take place at pick-up window. Wayfinding signage will be placed throughout the site to guide motorists to the drive-thru entrance and mitigate traffic conflicts. Condition of Approval No. 4.3 would allow the Community Development Director to review and approve future modification requests resulting from technological advancements. Drive-thru Design and Operations The single lane drive-thru provides queuing distance for 14 vehicles between the drive-thru entrance and the pick-up window, which exceeds the minimum seven vehicle stacking requirement. The proposed order speakers are located on the eastern side of the property. PC Report May 28, 2024 CUP 2023-0016 & DR 2023-0028 Page 8 As conditioned, the speakers must comply with the Tustin Noise Ordinance and will have volume adjustment capabilities to respond to any noise concerns that may arise. Safe pedestrian walkways are provided from the parking areas to the restaurant and dining area through clearly delineated paving and markings. Proposed Hours of Operation The daily business hours shall be as follows: Monday through Sunday: Drive-thru Restaurant: 10:00 a.m. to 11 :00 P.M. Outdoor Dining Area: 10:00 a.m. to 10:00 p.m. The hours are comparable to similar to nearby food establishments. As conditioned, modifications to the hours of operation must be reviewed and approved by the Community Development Director prior to execution. As conditioned, hours of operation in the outdoor dining area shall be enforced by employees of the restaurant. Parking The proposed building is required to provide six parking spaces based on a ratio of one space per 250 square feet of gross floor area. To comply with parking requirements, the applicant proposed to provide 10 parking spaces onsite. This includes one ADA accessible parking space. Pursuant to TCC 9263(g) and 9277(e)(2)(b), no additional parking spaces are required for the proposed outdoor dining area when it accommodates no more than 15 seats. Environmental Review This project is Categorically Exempt pursuant to Section 15303 (Class 3) Title 14, of the State CEQA Guidelines for new construction of small facilities in that: • The project does not exceed 10,000 square feet in floor area and does not involve the use of significant amounts of hazardous substances and is located in an urbanized area. • The project is adequately served by all required utilities and public services. CONCLUSION: Based on the findings provided, staff recommends that the Planning Commission adopt Resolution No. 4487 approving CUP 2023-0016 and DR 2023-0028 to authorize the demolition of a vacant auto service station and construct a new 1 ,413 square-foot drive-thru restaurant with an outdoor dining area and other site improvements at the property located at 14982 Prospect Avenue. PC Report May 28, 2024 CUP 2023-0016 & DR 2023-0028 Page 9 Prepared by: Mary S a , Assistant Planner Approved by: Raymond n, Princi�nner Appr ved by: Jay astma ssistant Director - Planning I­__,j Approved by: Ju ina L. Willkom, Community Development Director Attachments: A. Location Map B. Land Use Fact Sheet C. Submitted Plans and Color Elevations D. Resolution No. 4487 a. Exhibit A — Conditions of Approval a ¢ - y ,n w. s RA — p till ,uu Y iI 9�_ ,• Y y inkA 4- i r 7 r w. i �" ,,,,r ',■ �t .� ", ,., J", .u.. � I�., ;. X. AAA�„`_ J Y... a� a Irvine Blvd i}R4Re ^ •� .y �t �.. '�m`"y�;°"®' .. q --__ "A *�.F¢"`I t1 a�t o 1 � 1 a i ■ y y' 4 rs r�x 1 Aa P" F!ns n - ATTACHMENT B LAND USE APPLICATION FACT SHEET 1. LAND USE APPLICATION NUMBER(S): DR 2023-0028; CUP 2023-0016 2. LOCATION: DOWNTOWN COMMERCIAL CORE SPECIFIC PLAN (SP 12) 3. ADDRESS:14982 PROSPECT AVENUE, TUSTIN, CA 92780 4. APN(S): 401-141-06 5. PREVIOUS OR CONCURRENT APPLICATION RELATING TO THIS PROPERTY: UP 82-27 AUTHORIZATION FOR A POLE SIGN; DR 89-40 AUTHORIZATION OF SERVICE STATION 6. SURROUNDING LAND USES: NORTH: COMMERCIAL SOUTH: COMMERCIAL EAST: COMMERCIAL/RESIDENTIAL WEST: COMMERCIAL/RESIDENTIAL 7. SURROUNDING ZONING DESIGNATIONS: NORTH: DOWNTOWN COMMERCIAL CORE SPECIFIC PLAN (SP 12) SOUTH: DOWNTOWN COMMERCIAL CORE SPECIFIC PLAN (SP 12) EAST: DOWNTOWN COMMERCIAL CORE SPECIFIC PLAN (SP 12)/ MULTIPLE FAMILY RESIDENTIAL DISTRICT (R3) WEST: DOWNTOWN COMMERCIAL CORE SPECIFIC PLAN (SP 12)/SINGLE FAMILY RESIDENTIAL DISTRICT (R1) 8. SURROUNDING GENERAL PLAN DESIGNATIONS: NORTH: DOWNTOWN COMMERCIAL CORE SPECIFIC PLAN (SP 12) SOUTH: DOWNTOWN COMMERCIAL CORE SPECIFIC PLAN (SP 12) EAST: DOWNTOWN COMMERCIAL CORE SPECIFIC PLAN (SP 12)/PLANNED COMMUNITY COMMERCIAL BUSINESS WEST: DOWNTOWN COMMERCIAL CORE SPECIFIC PLAN (SP 12)/LOW DENSITY RESIDENTIAL 9. SITE LAND USE: A. EXISTING: COMMERCIAL (SERVICE STATION) B. PROPOSED: COMMERCIAL (RESTAURANT) C. GENERAL PLAN: DOWNTOWN COMMERCIAL CORE SPECIFIC PLAN (SP 12), DOWNTOWN MIXED USE (DM) D. EXISTING ZONING: DOWNTOWN COMMERCIAL CORE SPECIFIC PLAN (SP 12), DOWNTOWN, MIXED USE (DM) PROPOSED ZONING: SAME DEVELOPMENT FACTS: 10. LOT AREA: 18,731 FEET (0.43 ACRES) BUILDING AREA: EXISTING BUILDING SIZE 1,394SF. PROPOSED 1,413 SF (7.5% OF TOTAL SITE) 11. PARKING: REQUIRED: 6 PARKING SPACES MINIMUM PROPOSED: 10 PARKING SPACES TENANT IMPROVEMENTS: DEMOLITION OF AN EXISTING AUTO SERVICE STATION &CONSTRUCTION OF A DRIVE-THRU RESTAURANT WITH OUTDOOR DINING AND OTHER SITE IMPROVEMENTS (1,413 SF) 12. BUILDING HEIGHT PROPOSED: VARIED HEIGHTS AT 19 AND 20 FEET 13. PARKING LOT LANDSCAPING: LANDSCAPING PLAN PROVIDED 14. SIGNAGE: MASTER SIGN PLAN REQUIRED ATTACHMENT C PopeYes. m(MOMHZ 71 MommH CA 6p 14982 PROSPECT AVENUE w.n...o«. TUSTIN,CALIFORNIA 92780 LEGEND PROS.DIRECTORY PROJECT SUMMARY GENERAL NOTES SHEET INDEX riww,nrnaa.ea uP.e.eu rotas® o14 > �� W Wau�vmmi,�ao e ABBREVIATIONS , rt3 rw �a rare-.cs®iw mE ao 6 mrt av .rverxrv.. amm��aw ssxeia�uc. mxecv.�enu rt�mssi� r � ;G .� w..cm msuu CALIBORNIA GREEN CODE Gi �F VICINITY MAP me sxeer SITE rsscn�+sml�wa� c�ur.G..mw+a.+rcxrmE� �.++..ire r SEPARATE PERMITS& x.�axxzw„uca r..�x 3 DEFERRED SUBMITTALS a 9 � rewm vu oau[cit:arwxmewi � sawn ca^E++srsmiw.rewiour��P4�rr�4ffn ren�srm ome. wcmvonrtoixr rov me usrm mrx[unxrs rmcTsmv[ �aT_1 \� euuonn mrtcrcz raxr�xsr.urrta�ssiarwn amroaaewrax� y 4� 4 o ��Oa q0 ;G` -- 'g w ,n e L— — ---- ---- - ----- ---`-- —. I uI� -, -y--- 0, V a O4 tJ TM PRELIMINARY GRADING PLAN 6 ��fREE yl]E PR£PAREO FOR 81 o� V✓� a , SITE PHOTOGRAPHS a °a aF All�6 I tmimmwww� i oarE: 3 3m33 -• eoo� =�EE.�A- o o © o SITE PLAN KEY NOTES (TIP) 24 23 15 0 w-COLORED CONC EMA Nc w/RC qa DYAD Doc,Enm _ _ _ _ aMs/aao urenD rwc axD PETER TO CAL owes roe AIL sLaaa IF El uarvuMwT sicry UNDER SEPARATE PERMn 1 2 3 4 6 0 CONC.CURB AT PLATER(LANDwAPE AREAS( 4' cure' , . iTE ESE(ervwAs(P'@"A") INDICATING PEDESTRIAN FEEL A IS I PARKING TRIP mP: swPIrvC wr HG,wA,MITE PAIrv,IS COA,y( miwx saRMER PAD REFER Ta ELECTRICAL DRAxNcs 3430 �v) 10 ft'P O EUT,Aucx TRAxxaUPicAP Paawuc sw e.'wiCK cANCREHE PAMNA A'DRIVE-TePU LANE �d���yOSQ,iy 2p O LA F-PE AREA-PEFEP TO LAx'scwE DPAwwcs b �. d 21 0 CONC WELL STOP,SEE DETAILis/no-i(iw.) O (FF'Pl C l 7 b. �\ E (TIP) 3 1 � 1 41 0 NAUDi oP EPAexw MBOLrvAcc[ssiB nv L By''HODS"MODEL RSKz LED,BUCK AP 15 3 e-ATER FN PIPE SEE DETAIL s/Ao-i(TIP) 0 0 PANTED 11 11 sP 11 0 T . PETAL ILL A U \ 13 12 \ sE 0 'ONEDCAONRBSNACESPAIL PLI&PERMANENT FUPNnureE 15 0 41 \ 10 / s a m �vP 3 zOi MEN,APA'R AN, 'ELA*m nE,TED ITEMS ,7-s RASH RBHEaOSBa D BR 0 H 0 Q-L / 14 101 31 / 10 32j \/ / O 'RRwasE�Dcm�'vKs M' V T IP �c TaRR YD 0EFL AlN v w 43 _ o�K REREprvs�Aua�ioEar[�[prwp v[Hcs[Nc 7 Outdoor — o — BACEwav eETwEEN sEBwcE PANEL AN'suAPANa Q 20 seating 0 reM reA TP UUP w a 39 0 PAreRrvcArare[-AcoMM[recEEwa-w a z; 11 I O 14 (13 12 _ 0 PA,H or,PARE mPIU Pu'uc P P w 0 PAID NCLosuBE a , APS 19 46 0 ETBL LE ra s HGEA 33 R z (Twl 17 25 eo O T c 36 v ysT. P E ES I L O P,sx cauECTare Bo TRucK E>Lnry TIIIN ��Oy 39 z dO 1 1BY 0 PROPERTYN N nwL'EACCATE AFTER HEIIIA 39 0 *El PRL DBavnTHE AFTER 1EIPAnorv. LATE 2-5-2024 8 45 cue 0 ry B LANE.ALL GwL DPawwas 0 wrtN TD oars PETENnau PERiO' 42 EW 37 �2 11 11 1 (�mEwauc s 30 11 Navas DOE l-, 0 LINE OFsaNOPV AGREE MINNI 0 DBiAE-Txeu cAUOPY RL AND cauPANY 111EI UP 1ST. STREET O y. PED�rva ICE '�E PLAN 1 ITS111 AT FOLIATION 11 A.TO 11 0 DD NO III a MAINTAINED ON CUSTOMERACKL BE RSTRPPM, PROPOSED SITE PLAN o �"TALLED E',D IEAA�C a_i a.- o Tre DEIRPALARE MUD= a_9 a_m O -0 WALL LEGEND DIU -�U _ PICK71 -UP 1 za sruo unu iz at. — 1 � � � cOGLER MANiFnciU2R. 1 3� �� � '�L'J 3 �� 3,_g„ 3,_g„ I� ❑ a KEYED NOTES — - - —— — (i � Ere -1 sEE e�wc 1 r � �o�a�oga� O _= WALK-IN/ WALK-IN/ ry PSG O§M O ccawnur wand siGN wire nwmu7 9®�'V `�83 rn i K ®FR K-,,,, _ w �s auo uu7aeps \v/ 101 LJ 104 103 m 105 un'ransrirrr wru ruep acwts;urip 1 4O nwpsurv:nPxltTM occMMicr Sr' }''�' II1IIIIIIIII _ _ _ FfxvlpE r':rz"rEULw NEIc.M r.0 ccaJERGNFp6 � I—IT r-E cofa✓E��r uaww,ppovlCE e I I—IT WenP ENp wnLLS. � "L n'L" lie"1 n¢ L l l O dt 2 ernu si0eapmRwrnax irz ruFes­ucwp 8O rnwsE wMpaws n� ep z NOTES: NOTES: FLOOR PLAN e�spm .°Frs_�Bg .R�a�oo�.o„ow.�..ore��ro��.,�.m�. wo,ERa�s Mega d o do °a aF E.A-2 EPA s onlAxmN PA��EL I9 m ` wEr��ou "_°°4 = i o.e�eul � �Od040q� } o o___ r: n T, T-" TI 1—T o da a Wo ROOF PLAN w o� P�ova i�w� � I R RF�o NG.pNPEPR.'LVEp � - RooFIW EdWLERP/IpE6 MI Om WES FlBERCMIi STRIP \ _ `£ �INIliloN RCLFMG Ex1ENp 6"PFE� � 1 l FlBER CPNL crrrtG CCCUR �� IMpER�LASNING_ SEE PTMIMfl - 3➢ rFAINJ I1NpERpEGK exilNG `� Leryp irP- 6lUnal pF-LURE LIGHL I��RSI A-3 p_ it �. LO FINS w�>a 151 FLASHING AT PARAPET 141 ROOF DRAIN WELL oR M 3 MULTIPLE PIPE PENETRATIONS 2 VENT PIPE THRU ROOF N � I JOe A50 EAST L.EVATION ------------------ ---- ---------- !?gH LEVATION m�xox..xc � ��� ...,Q�o40q�. TTELEVATION ------------ -------------------- 10 NORTH 71/ ELEVATION' CD MI L � N. `°T 6 REREc1Eo aG PLa1 �' ,����� `p xx oRL LINI- �� .� KITCHEN m L P' SEX P .� ��da40q<�✓ waeR ccoLea us>L i fi.IiM. SIRUci.pYGS. / 9® 86d D_ELPB iueo. o z BUILDING SECTION A-A -m 1 w� 9 .P ism Vow ou Tl- e�nas�PeR �'�LE� s.aw.n.PL � .gars E.A-6 BUILDING SECTION B-B 2 '°� NEW KITCHEN EQUIPMENT SCHEDULE ---------- pRl E Tfl a WINoX WALK-IN/ WALK-IN/SO I9 ace COOL \ FREEZER zi ------------- ------------- NOTES NOTES IN 0 m EQUIPMENT PLAN IRRIGATION SCHEDULE A z (D vv --- ---------- < 3 x F z o 0 P: GENERAL IRRIGAPON NOTES: < ............ 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U e nd a.r°b s v°roses I e E8 �rE 3 150 lb, 5.sP e a so�i ameea,oems ere v ore.au°�:°:aea till imo 1b,a ie,be:or s,b. a =tee^we^^ lep be, nos%ee� °�s Is m Ine A—-e ane,mP„ea M saes tea. ...ewee�,°�.a °•°• 3.Pr svmsr m° ear.ms r be re e r°,b'aa'.v w vales Ibe m rw°A m,h°llm esm. oswr s/ sa bP.,tree is t°bin: 2Gba•.,dt e,1 t°bins w.F.a.m,a.m„ 9 TREE STAKING LODGEPOLES(2) iiltbeP be,e t°bee Ie I�te,e t Ee,m rr eaab be °mera m�e .e� LP-2 RESOLUTION NO. 4487 A RESOLUTION OFTHE PLANNING COMMISSION OFTHE CITY OF TUSTIN APPROVING CONDITIONAL USE PERMIT 2023-0016 AND DESIGN REVIEW 2023-0028 TO ALLOW THE DEMOLITION OF A VACANT AUTO SERVICE STATION TO CONSTRUCT A NEW 1,413 SQUARE-FOOT DRIVE- THRU RESTAURANT WITH AN OUTDOOR DINING AREA AND OTHER SITE IMPROVEMENTS AT 14982 PROSPECT 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) 2023- 0016 and Design Review (DR) 2023-0023 was filed by Hannibal Petrossi, with Petrossi and Associates Incorporated, to demolish a vacant auto service station and construct a new 1,413 square-foot drive-thru restaurant with an outdoor dining area and other site improvements at 14982 Prospect Avenue. B. That the subject property is located within Development Area DA-2 of the Downtown Commercial Core Specific Plan (DCCSP - SP 12) and has a DCCSP General Plan land use designation. Pursuant to DCCSP Table 3.1- Permitted Use Table, a restaurant is a permitted use. Outdoor seating is permitted by right in the DCCSP, subject to the requirements of Tustin City Code (TCC) 9277 for outdoor restaurant and dining areas. C. That pursuant to Table 3.1-Permitted Use Table of SP 12, a CUP is required prior to establishment of a drive-thru. TCC Section 9291(c) requires the Planning Commission to consider and make decisions on requests for a CUP. D. That pursuant to TCC Section 9272 and 9277b, DR approval is required for outdoor dining and building design and site planning of new structures. The Community Development Director has deferred Resolution No. 4487 Page 2 the decision-making authority to the Planning Commission to be considered concurrently with the request for a CUP. E. Thatthe project is consistent with the Tustin General Plan goals and policies related to the DCCSP development, as it will create pedestrian oriented features of the site by creating an outdoor dining area adjacent to the public sidewalk and First Street. F. 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. G. That on May 28, 2024, a public hearing was duly noticed, called, and held by the Planning Commission on CUP 2023-0016 and DR 2023-0028. H. That in determining whether to approve a new development project in SP 12, 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, goals, and intent of the DCCSP. That as proposed, the project is consistent with the overall vision, goals, and intent of the DCCSP in that the project proposes building and site enhancements that emphasize the pedestrian-oriented features of the site. 2. The development is consistent with the policies and intent of the Development Plan, including the Urban Design Plan. The project was reviewed for and determined to be in compliance with the Specific Plan. 3. The project, including its proposed uses and requested entitlements, complies with the Permitted Use in the DCCSP, and complements and contributes to the project area.The project was Resolution No. 4487 Page 3 reviewed for and determined to be in compliance with the Specific Plan. 4. The development substantially complies with the Commercial Development Standards (Chapter 3). 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. The project was reviewed for and determined to be in compliance with the Specific Plan. 6. Compliance with applicable Development Standards and Design Criteria is demonstrated and ensured through Design Review of the project site plan, building elevations, floor plan, parking plan, Landscape plan, lighting plan, access plan, refuse plan, and any other applicable plans) or document(s). The project was reviewed for and determined to be in compliance with the Specific Plan. 7. Required parking for the project is provided entirely on-site. The project is required to provide six parking spaces and 10 parking spaces are provided, thus, exceeding the parking requirement. 8. The development demonstrates high quality architectural design and site planning that reflects the nature of the site and the surrounding area through the following: a. Incorporating roof forms and facades that provide building articulation, create visual interest, and reduce the appearance of uniform building massing. The project incorporates flat roof Lines and is inspired by a contemporary architectural style and the building massing is softened by varying wall depths and parapet heights in compliance with the DCCSP. b. Creating a design that is both cohesive and varying in respect to architectural style, architectural details, windows, doors, colors, and materials. The project features a modern architectural design that uses materials such as white plaster, decorative real brick, and wood slats in neutral tones, accented by orange and teal colors and incorporates a cohesive Resolution No. 4487 Page 4 commercial aesthetic. The design is complemented by clean Lines and large windows to ensure a harmonious architecture in compliance with the DCCSP. c. Facilitating pedestrian orientation through buildinclplacement, building scale, and architectural design. The project is pedestrian oriented in that architectural design features large windows and varied heights at the main entrance, and an outdoor dining area on Prospect Avenue. Additionally, two bicycle racks are located near the western entrance on First Street to encourage alternative transportation choices other than an automobile. The building placements creates a strong connection between the public right of way and the proposed restaurant use. 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 provides pedestrian pathways to ensure convenient connections between the public sidewalk and the restaurant with enhanced paving, new Landscaping, and a path of travel from First Street to the outdoor dining area. e. Siting and designing structures that relate to and respect adjacent development, particularly historic structures and sensitive land uses.The project forms a distinct edge along the street by creating a new architectural design and new Landscaping adjacent to First Street. The new building placement and scale and landscaping throughout the site will also screen the rear parking lot from the public right-of-way. 9. The development is supported by existing infrastructure, or will be supported by infrastructure improvements paid for by the developer. The project site was previously developed and is supported by existing infrastructure. 10. The developer consents to enter into a mutually agreeable Development Agreement (DA) if the City requests. The City does not require a DA for this project. Resolution No. 4487 Page 5 11. The project impacts are assessed through the approved DCCSP Program EIR or through subsequent environmental documentation in compliance with the CEQA Guidelines. The project is exempt from CEQA per Section 15303 of the State CEQA Guidelines for infill development projects. I. That in determining whether to approve the DR for the site plan and the CUP for the drive-thru, the Planning Commission must determine whether it can be found that the location and general appearance 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. 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. Roof structures. 7. Physical relationship of proposed structures to existing structures in the neighborhood. 8. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. 9. Development Guidelines and criteria as adopted by the City Council. 10. The single lane drive-thru provides queuing distance for 14 vehicles between the drive-thru entrance and the pick-up window, which exceeds the minimum seven vehicle stacking requirement. The proposed order speakers are located on the eastern side of the property. The speakers must comply with the Tustin Noise Ordinance and will have volume adjustment capabilities to respond to any noise concerns that may arise Resolution No. 4487 Page 6 pursuant to the conditions of approval. As designed and conditioned, the drive-thru would not create any negative impacts to the surrounding community and complies with the provisions of the Tustin City Code for a drive-thru. J. That this project is Categorically Exempt pursuant to Section 15303 (Class 3) Title 14, of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Planning Commission hereby approves CUP 2023-0016 and DR 2023-0028 to allow the demolition of a vacant auto service station and construction of a new 1,413 square-foot drive-thru restaurant with an outdoor dining area and other site improvements at 14982 Prospect Avenue, 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 28th day of May, 2024. ERIC HIGUCHI Chairperson JUSTINA L. WILLKOM Planning Commission Secretary APPROVED AS TO FORM: --------------------------- MICHAEL DAUDT Assistant City Attorney Resolution No. 4487 Page 7 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Justina L. Willkom, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4487 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 281n day of May, 2024. PLANNING COMMISSIONER AYES: --------------------------------- PLANNING COMMISSIONER NOES: --------------------------------- PLANNING COMMISSIONER ABSTAINED: --------------------------------- PLANNING COMMISSIONER ABSENT: --------------------------------- JUSTINA L. WILLKOM Planning Commission Secretary Exhibit A: Conditions of Approval EXHIBIT A CONDITIONAL USE PERMIT 2023-0016 DESIGN REVIEW 2023-0028 CONDITIONS OF APPROVAL 14982 PROSPECT AVENUE COMMUNITY DEVELOPENT DEPARTMENT: GENERAL (1) 1.1 The proposed use shall substantially conform to the project description and submitted plans for the project date stamped May 28, 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 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 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) 2023-0016 and Design Review (DR) 2023-0028 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 2023-0016 and DR 2023-0028, 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 CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Conditions of Approval CUP 2023-0016 & DR-2023-0028 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 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 2023-0016 and DR 2023-0028 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 2023-0016 and DR 2023- 0028 or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the Community Development Director may impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the CUP. USE RESTRICTIONS (1) 2.1 The proposed project includes approval to demolish a vacant auto service station and construct a new 1 ,413 square foot drive-thru restaurant with an outdoor dining area and other site improvements at 14192 Prospect Avenue. Any changes to the approved plans shall be subject to review and approval by the Community Development Director. (1), 2.2 The daily business hours shall be as follows: (7) Monday thru Sunday Drive-thru restaurant: 10:00 a.m. to 11 p.m. Outdoor dining area: 10:00 a.m. to 10:00 p.m. 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. 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. *** 2.3 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 lane. Employees may not take orders from any vehicle not in the drive-thru lane. Conditions of Approval CUP 2023-0016 & DR-2023-0028 Page 2 (1) 2.4 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), 2.5 The drive-thru menu/speaker board shall utilize a lighted read-back *** display, either integrated as a single unit or two separate units, or other alternative as a result of changes in technology, to the satisfaction of the Community Development Director. (1) 2.6 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) 2.7 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) 2.8 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) 2.9 No outdoor storage shall be permitted except as approved by the Community Development Director. (5) 2.10 Sale and consumption of alcoholic beverages is prohibited at this location unless separate approval of a CUP for alcoholic beverage sales is obtained. 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 Conditions of Approval CUP 2023-0016 & DR-2023-0028 Page 2 satisfaction of the Community Development Department. All outdoor dining areas shall be cleaned on a continual daily basis and comply with the provisions of TCC 9277 at all times. (1) 3.2 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) 3.3 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) 3.5 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) 3.6 The outdoor dining area shall comply with the City's Noise Ordinance per TCC 4614. (1) 3.7 Lighting shall be provided to illuminate the outdoor dining area during evening business hours to a minimum of one foot-candle of light. SIGNAGE (1) 4.1 Site and building signage shall comply with the applicable sign regulations pursuant to the DCCSP, and where silent, including, per TCC 9404. (1) 4.2 A Master Sign Plan application shall be submitted under a separate permit to the Community Development Department for approval prior to installation and issuance of sign permit. All signage must have a valid sign permit, if applicable. ARCHITECTURE AND DESIGN (4) 5.1 All roof access shall be provided from the inside of the building. (1) 5.2 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 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. Conditions of Approval CUP 2023-0016 & DR-2023-0028 Page 2 (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 May 28, 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. (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, walls, and all equipment areas shall be screened with walls, vines, (6) and/or trees. PLAN SUBMITTAL (1) 7.1 The project is required to comply with the 2022 California Building Codes. (1) 7.2 Deferred submittal items required Building Official approval. (1) 7.3 Site and building to comply with accessibility requirements of California Building Code Chapter 11 B. (1) 7.4 Provide an accessible path of travel from the public right-of-way to the walk- up windows. (1) 7.5 Allowable building area to comply with California Building Code 506.1. (1) 7.6 A Type I hood at all cooking equipment is required. (1) 7.7 A grease interceptor is required. Conditions of Approval CUP 2023-0016 & DR-2023-0028 Page 2 (1) 7.8 Building shall comply with the current California Green Building Standards Code Mandatory Measures. 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 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, the engineer responsible for the approved WQMP shall stamp and sign the Stormwater Observation Report Form. 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 Federal Americans with Disabilities Act (ADA) requirements shall be met at all driveways and sidewalks adjacent to the site. (1) 9.3 Prior to issuance of a Certificate of Occupancy, the applicant shall complete street improvements along project frontage consisting: a. The applicant shall remove the existing driveway aprons and design and construct new curb and gutter and sidewalk at the old driveway apron locations and along the project frontage on Prospect Avenue and First Street. Conditions of Approval CUP 2023-0016 & DR-2023-0028 Page 2 b. The applicant shall remove and reconstruct the pedestrian access ramp per City of Tustin Standard Drawing No. 211 . The applicant shall dedicate the appropriate full corner cut- off right-of-way at no cost to the City. 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. c. The applicant shall design and construct the new driveway aprons on Prospect Avenue per City of Tustin Standard Drawing No. 209 with a minimum width of 27 feet for northerly driveway (one-way in with two lanes). d. The southerly driveway shall be exit only with a minimum driveway width of 14 feet (16 feet recommended) with five feet "X". The applicant shall provide on-site signs notifying drivers of the Exit Only restriction. e. The applicant shall provide on-site signs notifying drivers of "No Entry" at the southerly driveway. (1) 9.4 Prior to issuance of a Grading 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 applicant shall design and reconstruct any damaged public improvements (curb, gutter and sidewalk) adjacent to this development. (1) 9.5 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. (6) 9.6 Traffic rated bollards, subject to the approval of the City Engineer, shall be installed on the inside of the developer's property line every seven feet to prevent errant vehicles from entering the outdoor dining area. WATER IMPROVEMENT CONDITIONS (1) 10.3 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) 10.4 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. Conditions of Approval CUP 2023-0016 & DR-2023-0028 Page 2 (1) 10.5 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) 10.6 The proposed domestic water system plans must conform to all applicable regulations enforced by the Orange County Health Department. (1) 10.7 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 feet all around the DCDA to allow for unobstructed access, inspection, testing, and maintenance. b. If a building sprinkler system is required by the OCFA, the applicant shall be required to provide a backflow prevention device at his or her expense to prevent cross contamination with the public water system. c. If the applicant proposes to use an irrigation system, then a separate water meter shall be required. If this is the case, a Reduced Pressure Principle Assembly (RPPA) shall be required to prevent cross-connection with the public water system. (1) 10.8 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) 10.9 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. SOLID WASTE RECYCLING CONDITIONS (1) 11.1 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 (TCC Section 4351 , et al) to recycle at least 65 percent of the project waste material or the amount required by the California Green Building Standards Code. Conditions of Approval CUP 2023-0016 & DR-2023-0028 Page 2 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 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. 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) 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 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 4-yard bins, with at least one bin reserved for recyclable materials. Space for a container for organics is also required as described in Section below. f. Prior to the approval of a site plan or the issuance of a building permit, the Public Works Department shall review and approve the number of trash enclosures required to service the project site. g. All developments are required to provide space for the collection of organic materials. Organics are collected in 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 days per week to minimize the space required for a container. MISCELLANEOUS CONDITIONS (1) 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 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). Conditions of Approval CUP 2023-0016 & DR-2023-0028 Page 2 (1) 12.3 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. FEES (1) 13.1 On The day 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. (1) 13.2 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 1 st of each year.