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RES-10241 Mitigated Negative Declaration Approval 2355 and 2375 N. Tustin St.RESOLUTION NO. 10241 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE DENYING APPEAL NO. 0520- 07 AND AFFIRMING ADOPTION OF MITIGATED NEGATIVE DECLARATION NO. 1793- 07 (MND 1793-07), AND APPROVALS OF MAJOR SITE PLAN REVIEW NO. 0526-07 (MJSP 0526-07),CONDITIONAL USE PERMIT NO. 2673-07 (CUP 2673-07), DESIGN REVIEW COMMITTEE NO. 4273- 07 (DRC 4273-07), AND VARIANCE NO. 2181-07 VAR 2181-07), A PROPOSAL TO DEMOLISH A 30,000 SQUARE FOOT BUILDING FORMERLY OCCUPIED BY A BOWLING ALLEY AND A 7,250 SQUARE FOOT CAR WASH IN ORDER TO CONSTRUCT A 45,750 SQUARE FOOT RETAIL BUILDING (BEST BUY) AND A 1,700 SQUARE FOOT DRIVE THROUGH COFFEE DISPENSARY STARBUCKS).APPLICANT: Steve Thorp WHEREAS, applications for Mitigated Negative Declaration No. 1793-07, Major Site Plan Review No. 0526-07, Conditional Use Permit No. 2673-07, Design Review Committee No. 4273-07, and Variance No. 2181-07, to allow the demolition of a 30,000 square foot building formerly occupied by a bowling alley and a 7,250 square foot car wash in order to construct a 45,750 square foot retail building (Best Buy) and a 1,700 drive through coffee dispensary (Starbucks) located at 2355 and 2375 North Tustin Avenue (the Project), were filed and processed in a timely manner and in accordance with State and local law; and WHEREAS, a conditional use permit is required for the drive through, exceedance of the maximum allowed building height (32-feet), and for accessory automobile stereo installation on the site. A variance is appropriate for three on-building signs to exceed the maximum sign area, to allow a storefront sign to be placed off-center from the vertical surface to which it is displayed, to allow the center's monument sign to exceed the maximum sign area and height, to allow lesser landscaping than required, and to exclude the use of masonry walls around a trash enclosure; and WHEREAS, the requested applications constitute a project subject to the terms of the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000, et.seq.); and WHEREAS, City staff prepared an Initial Study that evaluated the potential environmental impacts associated with the Project and concluded, pursuant to State CEQA Guidelines Section 15070 that, with mitigation measures, potentially significant impacts of WHEREAS, a Notice of Intent to adopt MND 1793-07 was published and the Mitigated Negative Declaration and Initial Study were made available for a 20 day public review and comment period from September 26,2007, to October 15,2007, in compliance with Sections 15072 and 15105 of the State CEQA Guidelines; and WHEREAS, the Planning Commission considered the information contained in draft MND No. 1793-07 in compliance with the California Environmental Quality Act (CEQA)Guidelines, 14 Cal. Code Regs. S 15000, et seq., including the Initial Study and comments received during the public review process and all of the evidence in the record, and found in its independent analysis and judgment, pursuant to Section 15074 of the State CEQA Guidelines,that with adoption of mitigation measures to address potential impacts of lighting spillover,truck delivery noise, trash compactor noise, traffic signalization, parking configuration, and water utility improvements, there is no substantial evidence that the Project will significantly impact the environment or wildlife; and WHEREAS, on September 19, 2007, the Staff Review Committee reviewed the Project and recommended that it be approved subject to conditions; and WHEREAS, on October 3, 2007, the Design Review Committee reviewed the design of the Project and recommended that it be approved subject to conditions; and WHEREAS, the Planning Commission conducted a duly advertised public hearing on Monday, October 15, 2007, at which time interested persons had an opportunity to testify either in support of, or in opposition to the Project upon property described as follows:THAT PORTION OF PARCEL 3, IN THE CITY OF ORANGE, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THAT CERTAIN PARCEL MAP FILED ON DECEMBER 2, 1971, IN BOOK 39,PAGE 38 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY AS SAID PORTION IS DESCRIBED IN THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED JUL Y 3, 2007 AS INSTRUMENT NO. 2007000420951 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY, LYING WESTERLY OF THE FOLLOWING DESCRIBED LINE:BEGINNING AT A POINT ON THE SOUTHERLY LINE OF SAID PARCEL 3, DISTANT THEREON SOUTH 89036'31" WEST 118. 00 FEET FROM THE EASTERLY TERMINUS THEREOF; THENCE LEAVING SAID SOUTHERL Y LINE NORTH 00023'29" WEST 140. 00 FEET;THENCE SOUTH 89036'31" WEST 8.24 FEET; THENCE NORTH 00023'29" WEST 192.58 FEET TO THE NORTHEAST CORNER OF SAID PARCEL 3. APN: REAL PROPERTY IN THE CITY OF ORANGE, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL 2 IN THE CITY OF ORANGE, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A PARCEL MAP FILED IN BOOK 39, PAGE 38 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY APN: 372- 642-10 WHEREAS, on October 15, 2007, the Planning Commission adopted MND 1793-07,and approved MJSP 0526-07, CUP 2673-07, DRC 4273-07, and VAR 2181-07 to allow the Project; and WHEREAS, on October 29, 2007, West Hollywood Properties, LLC filed a timely appeal of the Planning Commission's approvals on the grounds stated in the appeal; and WHEREAS, on Tuesday, November 13, 2007, the City Council conducted a duly advertised public hearing in accordance with Orange Municipal Code Sections 17.08.040 and 17.08.050 at which time interested persons had an opportunity to testify either in support of, or opposition to, the appeal; and WHEREAS, the Appellant is an adjacent commercial property owner which contended, among other things, that an Environmental Impact Report was required for the Project, that the time period for public comments did not comply with CEQA and that the criteria for variances had not been met.NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orange hereby denies the appeal of West Hollywood Properties, LLC, and each and every ground stated therein, and affirms the Planning Commission's adoption ofMND No. 1793-07,and approvals ofVAR No. 2181-07, CUP No. 2673- 07 and MJSP No. 0526- 07, based on the following findings:SECTION 1 - ENVIRONMENTAL REVIEW The Initial Study and MND No. 1793-07 were prepared to evaluate and address the potential environmental effects of MJSP No. 0526-07, CUP No. 2673-07, DRC No. 4273-07, and V AR No. 2181-07. After examining the Initial Study and Mitigated Negative Declaration, the Planning Commission, in its independent judgment and analysis found on the basis of the whole record that any potentially significant environmental impacts can clearly be mitigated to a level of insignificance through implementation of mitigation measures, and with such mitigation there is insufficient evidence, on the basis of the whole record before it, to support a fair argument that the Project will have a significant effect on the environment. The City Council, in its independent judgment and analysis, hereby denies the appeal and affirms the action of the Planning Commission, adopting Mitigated Negative Declaration No. 1793- Section 15074(c), the City Council specifies that the location of the record of proceedings is Community Development Department, Planning Division, 300 East Chapman Avenue, Orange, California 92866. The time permitted for public comments complied with CEQA and Appellant's claim that by holding the Planning Commission hearing on the 20th day there was not sufficient opportunity for a response to the comments is not supported by the record for the following reasons: (1) responses to comments were not required; (2) the Appellant did not submit any significant comments during the 20-day period to which there would have been a response; ( 3)the Appellant had an additional 29 days to submit comments between the Planning Commission and City Council's hearings and still waited until the eve of the City Council meeting to submit extensive comments on the Project; and (4) the Appellant had sufficient opportunity to again submit comments in its appeal to the City Council, did so and written responses were provided in the staff report to the City Council.SECTION 2 - FINDINGS General Plan 1. The Project must be consistent with the goals and policies stated within the City's General Plan. The Project promotes the City as a place to shop and accomplishes establishing new property and sales tax generation in the City. The Project replaces a vacant building with a retail use thereby assisting in implementing redevelopment plans for Tustin Street. Furthermore, Project approval supports the City's continued efforts to support ongoing development. The Project contains design features to reduce land use conflicts between residential and non-residential uses, including replacing an aged commercial building built in 1972 with a landscaped site and new structures; maintains on-site parking by providing more parking than required by the City's current parking ordinance; contributes to the Tustin Street streetscape by adding landscaping to the Project site; contributes to aging infrastructure improvements by upgrading the 6"secondary branch main to a 12" line, and constructing a deceleration lane; minimizes risk from environmental hazards because the operation of the proposed retail uses will not involve the use of hazardous materials beyond normal cleaning solvents and landscaping products, and use of these substances will be minimal and subject to established Occupational Safety and Health Administration (OSHA) guidelines; and includes crime deterring features by meeting current building security standards pursuant to City Ordinance 7.79. These findings of General Plan consistency are not intended to be exclusive but are examples demonstrating the Project's consistency with the General Mitigated Negative Declaration 1. That the data and analysis upon which these findings of fact are based, including those in Section 2 of this resolution, are set forth in MND 1793-07, MJSP 0526- 07, CUP 2673-07, DRC 4273-07, V AR 2181-07, staffs oral presentation, public testimony, and Commissioner comments which constitute the Planning Commission's review of this application, and the whole record before the City Council, including but not limited to,staff s oral and written reports, public testimony and all written public submissions, and the determinations of the Planning Commission.2. That pursuant to the provisions of the City of Orange Municipal Code, a mitigation monitoring program has been established for the Project to ensure that the mitigation measures of MND 1793-07 will be implemented pursuant to Municipal Code Section 17.10.085, requiring all mitigation measures to be fully complied with at the respective times specified and monitored at such times by the City. Furthermore, the mitigation measures have been incorporated as conditions of approval.3. When provided an opportunity to present testimony and evidence to the City Council at the public hearing, Appellant spent most of its time attempting to convince the City Council to making the grant of a full utility easement across the subject property to its property a condition of approval. Appellant failed to present any evidence that this condition would address any of the environmental or variance concerns upon which it based its appeal or any evidence on how the Project would have an impact on its ability to obtain a utility easement, which it currently does not possess. The focus of Appellant's presentation and condition request made it clear that the Appellant was using the appeal process primarily for commercial and not environmental gain.4. The full administrative record contained insufficient evidence to support a fair argument that the Project has the potential to have a significant impact on the environment.Major Site Plan 1. The Project design is compatible with surrounding development and neighborhoods in that the site is east of the State Route 55 Freeway and a freeway sound wall, is oriented such that shade and shadow effects of on- site buildings are less than significant to adjacent properties, and will maintain a six foot high separation wall between residential properties north and south of the site, which will compensate for the lack of architectural treatment on the Best Buy building's south elevation, mitigate noise created by diesel delivery trucks and the trash compactor, and will mitigate for potential lighting glare created by the Project. The Project maintains Project conditions and mitigation measures to reduce off- site light spill, reduce noise impacts to adjacent properties, and compensate for potential traffic generated by the The Best Buy building architecture is complementary to commercial uses in the vicinity and appropriate for a commercial zone housing a retail use selling large items and a large volume of goods because a large amount of square feet for warehousing operations is required and because the massing serves to identify the use on the site, which is required due to the building placement more than 500 feet away from the sole access street at the back of a long property that is widest towards the rear of the site. The Best Buy building massing is also appropriate given that the site is partially obscured from view by motorists and pedestrians on Tustin Street by landscaping and surrounding buildings that are placed in front of the buildings closer to the street. The building storefront maintains architectural embellishments to create a pedestrian/customer-oriented focus towards the store entrance, which faces Tustin Street that is lined with commercial serving uses. The tower element is appropriate because it displays signage, as does the billboard sign behind the site, as well as several other businesses in the City that back up to the freeway. The stereo installation component of the business is appropriate at the proposed location in that it occurs indoors behind closed bay doors.The Starbucks Coffee drive through is appropriate for the site in that it is located towards Tustin Street, is accessed from the commercial center's sole drive aisle entrance, maintains a voice menu order platform that is away from residential properties and is screened from view at Tustin Street by dense landscaping at the front of the property. The Starbuck's building consists of architectural elements that match the west facing architectural elements of the Best Buy building.Best Buy signage is compatible with the surrounding development in that other businesses in the vicinity maintain freeway oriented signs, a billboard sign exists behind the Project, and the large storefront building signage will appear appropriate in scale with the business signs of commercial uses lining Tustin Street, given the building's setback from the street. Starbucks signage will be addressed for the Project separately. The freestanding sign for the center is compatible with signs on Tustin Street that are of similar heights and display a similar amount of square feet. The sign structure's colors, materials, and architecture match those of the buildings on the site and therefore contribute to unify and identify an architectural theme for the site.MND 1793-07 contains a mitigation measure requiring the applicant to submit a revised photometric survey, which affirms that adopted mitigation measures have no spillover lighting will occur at any adjacent residential property line.Landscaping of the site would be complementary to the neighborhood because substantial tree sizes and volumes of one, two, and five gallon shrubs will be provided at the front setback of the Project, around the Starbucks building, in front of the Best Buy building, along the north and south property line boundary interfaces with adjacent residential uses, and in the parking lot between drive aisles and as landscape fingers.The landscaping will also serve as a bio-filter for contaminants and refuse carried in storm water and for 2. The Project would not conform to all City development standards and applicable special design guidelines or specific plan requirements. However, with the approval of the requested variances and conditional use permits based on meeting the required findings, the Project may be permitted and would then be considered to be in conformance with City requirements because it meets the required findings. 3. The Project provides for safe and adequate vehicular and pedestrian circulation, both on-and off-site in that a traffic study was conducted that determined that the Project contribution to traffic and traffic stacking would be less than significant with implementation of a mitigation measure for a traffic signal. The applicant has voluntarily dedicated a deceleration lane into the site and the site maintains a large drive aisle entrance that can accommodate vehicles entering and exiting the site.Emergency vehicle travel on the site has been demonstrated on Project plans and approved by the Fire Department. Code required parking spaces are provided on-site and a pedestrian walkway runs the length of the site, mostly in landscape areas between parking spaces.4. City services are available and adequate to serve the Project and the Project will not result in significant impacts to police, fire, or park services and, pursuant to a mitigation measure requiring implementation of an upgrade to a water main in Tustin Street, the Project would not have a significant impact on City utilities.5. The Project has been designed to fully mitigate or substantially minimize and clearly mitigate adverse environmental effects to a less than significant level as determined in the Initial Study and MND 1793-07, and pursuant to mitigation measures imposed as conditions on the Project.Conditional Use Permit 1. A Conditional Use Permit shall be granted upon sound principles of land use and in response to services required by the community.Auto Stereo Installation - Auto stereo installation is a reasonable accessory use for a business selling auto stereo equipment, which has been demonstrated to be a desired service in the community based on successful sales at an existing Best Buy establishment in the City. Potential noise impacts of the use will be less than significant because the installation activities will be conducted entirely within a building behind closed bay doors.Exceedance of Building Height - The tower feature and entry architectural features are the only portions of the building that would exceed the 32-foot height limitation of the City of Orange Municipal Code. Most of the building would be 30 feet tall, in compliance with the Municipal Code. The tower element can be justified in that the shade and shadow created by the tower feature would only affect a few residences at a time for about 3 winter months. The tower element is appropriate because the signage it displays allows the store to be recognized from the adjacent freeway and allows the City to be competitive with other cities which attract businesses with freeway signage incentives. The architectural enhancements located on the street facing elevation of the building that reach heights of 34 and 42 feet tall can be justified in that the building is located in excess of 500 feet from the Tustin Street right- of-way and is partially obscured by parking lot trees. The building will appear to have a lesser mass and height from that distance. The street facing architectural features exceeding 32 feet high will also serve to identify the presence of the partially obscured retail building to customers traveling on Tustin Street, especially given that some of the architectural features will support a wall sign for the tenant.Establishment of a Drive Through - The drive through use is appropriate in that it provides a food and beverage option to persons with vehicles working or living in the Project vicinity. The drive through is accessed from the Project's main driveway and requires exiting at that driveway which, with the implementation of mitigation measures imposed as conditions upon the Project, has been identified in MND 1793-07 as not having a significant impact on traffic. Stacking of vehicles can be confined safely on the subject site. The pre-order, order, and voice box signs and devices supporting the Starbuck's drive through will be screened from vehicular traffic view on Tustin Street because they will be located behind dense landscaping in the Project's front yard landscape area. The speaker box will be located 180 feet away from the nearest residential properties. Speaker noise would be projected towards Tustin Street and a separation wall between the site and adjacent residential properties would block most speaker noise. MND 1793-07 analyzed the noise level from the speaker and determined it would have a less than significant impact on adjacent residents.2. A Conditional Use Permit shall not be granted if it will cause deterioration of bordering land uses or create special problems for the area in which it is located.Auto Stereo Installation - Auto stereo installation is an accessory use at the site.Potential noise impacts of the use will be less than significant because the installation activities will be conducted entirely within a building behind closed bay doors.Exceedance of Building Height - The tower feature and entry architectural features are the only portions of the building that would exceed the 32- foot height limitation of the City of Orange. Most of the building would be 30 feet tall, in compliance with the Municipal Code. The shade and shadow created by the tower feature would only affect a few residences at a time for about 3 hours during winter months. The building will appear to have a lesser mass and height from given its distance from Tustin Street. Perimeter landscaping and walls north and south of the site will assist in softening views of the building by adjacent residents. Establishment of a Drive Through - The drive through is accessed from the Project' s main driveway and requires exiting at that driveway which, with the implementation of mitigation measures imposed as conditions upon the Project,has been identified in MND 1793-07 as not having a significant impact on traffic. Stacking of vehicles can be confined safely on the subject site. The pre- order, order, and voice box signs and devices supporting the Starbuck's drive through will be screened from vehicular traffic view on Tustin Street because they will be located behind dense landscaping in the Project's front yard landscape area. The speaker box will be located 180 feet away from the nearest residential properties. Speaker noise would be projected towards Tustin Street and a separation wall between the site and adjacent residential properties would block most speaker noise. MND 1793-07 analyzed the noise level from the speaker and determined it would have a less than significant impact on adjacent residents.3. A Conditional Use Permit must be considered in relationship to its effect on the community or neighborhood plan for the area in which it is located.Auto Stereo Installation - Auto stereo installation is a reasonable accessory use for a business selling auto stereo equipment, which has been demonstrated to be a desired service in the community based on successful sales at an existing Best Buy establishment in the City. Additionally, the site is located in the Tustin Street Redevelopment District Project Area and the use will support a retail sales establishment that replaces a vacant building. Potential noise impacts of the use will be less than significant because the installation activities will be conducted entirely within a building behind closed bay doors. Exceedance of Building Height - The tower feature and entry architectural features are the only portions of the building that would exceed the 32-foot height limitation of the City of Orange Municipal Code. Most of the building would be 30 feet tall, in compliance with the Municipal Code. The tower element can be justified in that the shade and shadow created by the tower feature would only affect a few residences at a time for about 3 hours during winter months. The tower element is appropriate because the signage it displays allows the store to be recognized from the adjacent freeway and allows the City to be competitive with other cities which attract businesses with freeway signage incentives. Other business along Tustin Street that back up to the freeway also maintain freeway signage, therefore, freeway signage is an established theme in the area. The architectural enhancements located on the street facing elevation of the building that reach heights of 34 and 42 feet tall can be justified in that the building is located in excess of 500 feet from the Tustin Street right-of-way and are partially obscured by parking lot trees. The building will appear to have a lesser mass and height from that distance. The street facing architectural features exceeding 32 feet high will also serve to identify the presence of the partially obscured retail building to traveling on Tustin Street especially given that some of the architectural features will support a wall sign for the tenant. Establishment of a Drive Through - The drive through is accessed from the Project' s main driveway and requires exiting at that driveway which, with the implementation of mitigation measures imposed as conditions upon the Project,has been identified in MND 1793-07 as not having a significant impact on traffic. Stacking of vehicles can be confined safely on the subject site. The pre- order, order, and voice box signs and devices supporting the Starbuck's drive through will be screened from vehicular traffic view on Tustin Street because they will be located behind dense landscaping in the Project's front yard landscape area. The speaker box will be located 180 feet away from the nearest residential properties. Speaker noise would be projected towards Tustin Street and a separation wall between the site and adjacent residential properties would block most speaker noise. MND 1793-07 analyzed the noise level from the speaker and determined it would have a less than significant impact on adjacent residents.4. A Conditional Use Permit, if granted, shall be made subject to those conditions necessary to preserve the general welfare, not the individual welfare of any particular applicant.Auto Stereo Installation - The auto stereo installation component of the Project is conditioned to require installation and testing activities to be conducted entirely within a building behind closed bay doors. Therefore noise impact to surrounding uses will be less than significant. Exceedance of Building Height - No conditions are required for the proposed building height. The building height respects the general welfare as indicated in findings one through three.Establishment of a Drive Through - On site speakers are conditioned so that noise created will not violate the noise ordinance. The Project design features as indicated in findings one through three will serve to preserve the general welfare.Design Review Committee 1. The Project design upholds community aesthetics through the use of an internally consistent, integrated design theme and is consistent with all adopted specific plans,applicable design standards and their required findings. This finding is fulfilled as determined by the Design Review Committee when, on October 3, 2007, it reviewed the Project and recommended that the Planning Commission approve the Project subject to conditions of approval. The DRC's determinations are incorporated herein.Major Site Plan finding number one also serves to meet this finding.10 Variance 1. Because of special circumstances applicable to subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. A request to waive the requirement for a six-foot high masonry wall around the trash compactor can be justified in that the size and location of the compactor lends itself to screening by the existing building, the freeway sound wall, and proposed walls adjacent to the residential properties to the north and south of the site. The City has granted such variances to other properties in the vicinity zoned C- TR when the size, shape, topography, location or surroundings warrant it and the screening purpose is substantially fulfilled by an alternative method.A request to allow the Best Buy front elevation sign to exceed the amount of square feet allowed for a wall sign can be justified in that the building is sited at such a distance (500 feet) away from Tustin Street, that it is necessary for identification of the site. Due to the size and shape of the Project site which has narrow frontage on Tustin Street and is partially obscured by other buildings and the distance the building is located from the public right of way, the sign will not appear large when viewed from or across the Tustin Street right-of-way.The other properties in the immediate vicinity are zoned C- TR, like the subject property, but because those properties have existing frontage on Tustin Street,they do not require oversized front elevation signs in order to identify the site.Evidence was also submitted of other nearby properties with signage in excess of OMC requirements. This variance brings the subject property into party with those properties, such that it will not be deprived of privileges enjoyed by other properties in the vicinity under identical zone classification.A request to waive the requirement for the front elevation sign to be centered on the vertical surface to which it is displayed with a ratio of 2:3 can be justified in that the sign colors, materials, and location are complementary to the building walls to which they are attached and serve as brand identification for the tenant.The subject property is located in excess of 500' from Tustin Street and, as such, could not provide brand identification for the tenant without such variance. The other properties in the vicinity are zoned C- TR, like the subject property, but because those properties have existing frontage on Tustin Street,they do not require a variance in order to provide brand identification. This variance brings the subject property into parity with those properties in the vicinity under identical zone classification, such that the subject property will not be deprived of privileges enjoyed by other properties.A request to allow the tower signs to exceed the maximum allowed square feet can be justified in that tower signage is appropriate to allow the store to be recognized from the adjacent freeway and to allow the Applicant to be competitive with competitors in other cities which attract freeway signage. Other City properties in the vicinity and zoned C- TR maintain signs facing the freeway that exceed the maximum allowed square feet, so this variance brings the subject property into parity with those properties. A request to allow the monument sign to exceed the maximum allowed sign area can be justified in that the Best Buy building needs additional identification given that, due to the size and configuration of the property, the building is located more than 500 feet back on the property. Furthermore, the shape of the property is the narrowest at the street and the Best Buy building is partially obscured by the commercial building to the north of the site and by required on- site landscaping. The building does not benefit from the visibility that other buildings placed at the street front would enjoy, as do other buildings in the vicinity on properties zoned C- TR that, unlike the subject property, have greater frontage on Tustin Street. A request to allow the monument sign to exceed the maximum allowed height can be justified based on the same justification of the above finding. A request to waive the requirement for four feet of landscaping around the Best Buy trash compactor can be justified based on the same justification as provided for waiving the requirement for a six foot masonry wall around the compactor and will not be viewed by the public. A request to provide a lesser number of trees on each parcel than required can be justified in that the City's Senior Landscape District Coordinator and the Design Review Committee has reviewed the plans and finds that the proposed landscaping, with the recommended modifications, meets the goals and intent of the City of Orange Municipal Code and City Specifications. Adequate landscaping of substantial tree sizes and volumes of one, two, and five gallon shrubs will be provided at the front setback of the Project, around the Starbucks building, in front of the Best Buy building, along the north and south property line boundary interfaces with adjacent residential uses, and in the parking lot between drive aisles and as landscape fingers. Other properties zoned C- TR have been granted such variances when the configuration, location and/or surroundings of the property warrant it, as they do for the subject property. 2. The variance granted shall be subject to such conditions which will assure that the authorized adjustments shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which subject property is located. As evidenced by the Project conditions and the unique property characteristics, such as the size and shape of the property, as well as the design features specifically incorporated to address each of the issues that are the subject for each variance request identified in Finding No. 1 above, the Project variances will not constitute a grant of special privilege inconsistent with the limitations 12 upon other properties in the vicinity and zone in which the subject property is located and serve to bring the subject property into parity with other commercial properties located on Tustin Street, in the immediate vicinity . SECTION 3- CONDITIONS OF APPROVAL BE IT FURTHER RESOLVED that the following conditions are imposed with approval: General 1. All site development and construction shall conform in substance and be maintained in general conformance with plans labeled Exhibits A, (dated October 15, 2007) and on file with the Department of Community Development. 2. The applicant shall comply with all federal, state, and local laws, including all City regulations. Violation of any of those laws in connection with the use will be cause for revocation of this permit. 3. The applicant agrees to indemnify, hold harmless, and defend the City, its officers, agents and employees from any and all liability or claims that may be brought against the City arising out of its approval of this permit, save and except that caused by the City's active negligence. 4. These conditions will be reprinted on the cover sheet or first page of construction plans, including grading plans. 5. Within two (2) days of final approval of this Project, the applicant shall deliver to the Planning Division a cashiers check payable to the Orange County Clerk in an amount required to fulfill the fee requirements ofFish and Game Code Section 711.4(d)(2) and the County administrative fee, to enable the City to file the Notice of Determination required under Public Resources Code 21152 I4 Cal. Code Regulations 15075. Design Review Committee 6. Prior to building permit issuance, photometric plans shall show the full extent of light spill on adjacent properties and shall show that any light spill on adjacent properties is reduced to a less than significant impact (less than .5 footcandles). The Project proponent must provide a lighting cross section that shows that direct view to light sources will not occur with 30-foot tall poles. The cross section must show Project walls and landscaping at 4 years maturity.7. Prior to sign permit issuance, the sign program provided for Planning Commission review shall show the dimensions, materials, illumination method, attachment method,technical specifications, and the height mounted on the building for all proposed signs. 8. Plans submitted during plan check shall identify the precise location of existing walls proposed for demolition and, if the existing walls exist or partially exist on the adjacent residential properties, the Project proponent must secure the residential property owner(s) approval to demolish and replace the wall. Furthermore, the Project proponent would be responsible for providing any site repairs on the residential properties that are necessitated as a result of the wall demolition. Should walls exist on or partially on an adjacent residential property and the Project proponent and adjacent property owners fail to reach an agreement for demolition of a wall, the Project proponent shall construct a new wall on the Project site immediately adjacent to the existing walls. 9. The applicant shall provide a revised sign plan for staff approval. The revised plan shall show only one sign on the north Starbucks building elevation and reduced Starbucks sign area that complies with the Orange Municipal Code on the west and east elevations. Alternatively, the applicant may submit a separate variance application and must receive Planning Commission approval to allow the east and west wall signs to exceed the area restrictions of the Orange Municipal Code and for the north building elevation to maintain two wall signs since the Orange Municipal Code limits elevations with less than 100 linear feet, which the proposed building world have, to one wall sign. 10. Prior to building permit issuance, the landscape plan shall be revised such that the five Date Palm Trees (Phoenix dactylifera) shown adjacent to Tustin Street are replaced with five King Palm Trees for consistency with the City street tree theme in the area. II. Prior to building permit issuance, the landscape plan shall be revised such that the trees shown along the north and south perimeter of the property are planted every 25 feet as opposed to every 3.0 feet as shown on the plans. 12. Prior to building permit issuance, the landscape plan shall be revised such that one additional tree and diamond well landscape area is placed in the parking lot between parking rows. 13. Prior to building permit issuance, the Project landscape plan shall include Storm Water Quality Best Management Practices as indicated on the approved grading plan. The Project landscape architect shall coordinate the landscape plan with the civil engineer's grading plan. 14. Prior to building permit issuance, City required irrigation and landscape inspection notes shall be placed on landscape plans. 15. Prior to building permit issuance, the landscape plans shall contain the following note: Landscape Contractor shall refer to Civil Engineer's grading plan for installation of bio- swales. " Mitigation Measures 16. Prior to issuance of building permits, the Project applicant shall submit a revised photometric survey which demonstrates that no spillover lighting will occur at any adjacent residential property line (Mitigation Measure 1). 17. Loading and unloading activities shall be limited to the daytime hours set fourth in the City's Municipal Code of 7:00 AM to 10:00 PM. No truck deliveries shall be scheduled prior to 7:00 AM or after 10:00 PM. (Mitigation Measure 2). 18. Use of the trash compactor shall be restricted to the daytime hours as set forth the City of Orange Municipal Code of7:00 AM to 10:00 PM. Use of the trash compactor in the nighttime hours shall be prohibited. A sign shall be posted on the trash compactor that is visible which states that use of the trash compactor is prohibited between 10:00 PM and 7:00 AM. (Mitigation Measure 3). 19. Best Buy shall maintain all driveways, where heavy, heavy-duty trucks would travel, in good condition, such that there are no roadway imperfections, including potholes Mitigation Measure 4).20. Prior to issuance of a certificate of occupancy, the applicant shall ensure that the 6"secondary branch main along Tustin Street, which fronts the proposed Project site, is upgraded to a 12" line. During upgrade of the water line and subsequent construction of the deceleration lane, applicant shall be responsible for providing traffic monitoring to ensure safe and free flow of traffic along Tustin Street. (Mitigation Measure 5).21. Prior to certificate of occupancy, installation of a traffic signal at the intersection entrance of the proposed Project shall be complete and operational (Mitigation Measure 6).22. Prior to site plan approval, the Project applicant shall coordinate with City staff to address internal circulation issues related to the four parking spaces located near the Tustin Street exit through redesign, signage, landscape modifications or other appropriate method (Mitigation Measure 7).23. During upgrade of the water line and subsequent construction of the deceleration lane,applicant shall provide traffic monitoring along Tustin Street to ensure safe and free traffic flow (Mitigation Measure 8). Landscape 24. Prior to the issuance of a building permit, a Tree Removal Permit will be required that will need to include plans indicating the species and number of trees proposed for removal and replacement. The plans submitted for plan check must include a landscaping plan depicting existing on- site Public Works 25. Prior to building permit issuance, the Project proponent shall receive approval of a lot line adjustment to reduce the Starbucks occupied parcel from 46,828 square feet to 12,556 square feet. 26. Prior to building permit issuance, the Project proponent shall file a right- of-way dedication with Public Works Department. The right of way shall be sufficient to include the wheel chair ramp area, pedestrian crosswalk, and all public utilities and infrastructure.27. Prior to building permit issuance, the site, grading, and utility plans, shall clearly show the disabled person access ramps at the Project entrance curbs. The Project proponent shall be responsible for ensuring that the disabled person access ramps at the Project entrance curbs are installed according to City standards prior to issuance of a certificate of occupancy.28. Prior to building permit issuance, the plans shall show the traffic signal pole that will be installed on the southerly drive aisle entry corner located in the public right-of-way.29. Prior to issuance of a certificate of occupancy, any wood base light poles in the public right-of-way adjacent to the site shall be upgraded to concrete light poles.30. Prior to issuance of a building permit, plans must demonstrate that, all water quality devices are placed on the subject property.31. Prior to building permit issuance, the Project proponent shall submit and receive City approval of a reciprocal access find drainage (agreement to accept surface water)agreement between the Starbuck and Best Buy Project parcels. Subsequently, the document must be recorded against the properties.32. Prior to building permit issuance, the Project proponent shall submit and receive City approval of an access and drainage agreement (agreement to accept surface water)between the Project property and the commercial property to the north of the site. The property owner to the north will need to be a signatory on the draft and final recorded document.33. Prior to building permit issuance, the Project proponent shall submit and receive City approval of an access and drainage agreement (agreement to accept surface water)pertaining to the land land-locked property in the back. Subsequently, the document must be recorded against the property.34. Prior to building permit issuance, the Project proponent shall provide a letter from the City's refuse and recycling hauler (Waste Management of Orange County indicating that they find the proposed location of the 35. The Project proponent shall provide plans acceptable to the Public Works Department for modification of the bus layover lane on Tustin Street across from the Project prior to issuance of any building or encroachment permits for the Project. 36. Prior to issuance of a certificate of occupancy, a three-way traffic signal, signing and striping, shall be installed at the entryway to the Project.37. Prior to building permit issuance, the Project proponent shall submit plans that demonstrate how the proposed traffic signals will connect to the City traffic signal system. Specifically, the Project proponent is responsible for providing traffic signal plans. The plans must show that the traffic signal will incorporate closed-circuit television ( CCTV) cameras.38. The Project proponent shall be responsible for any utility relocation or undergrounding necessitated by the Project. Plans submitted during plan check must show any necessary utility relocation or undergrounding.39. The Project proponent shall be responsible for alteration and construction of the existing bus bay on the west side of Tustin Street. Plans submitted during plan check must show the necessary alterations.40. The Project proponent shall dedicate right-of-way to a deceleration lane to aid safe vehicular access to the Project site. The Project proponent shall be responsible for construction of the deceleration lane and plans submitted during plan cheek must show the deceleration improvements.41. The Project proponent shall dedicate traffic signal loops easements to the City prior to issuance of a certificate of occupancy.42. The Project shall include the installation of a closed circuit TV system on the traffic signal masts prior to issuance of a certificate of occupancy.43. Prior to the issuance of a building permit, the Project proponent shall prepare a traffic management plan to temporarily route Tustin Street Traffic while utility improvements are being conducted in the public right-of-way.Water Quality 44. Prior to issuance of a grading permit the applicant shall submit a Final WQMP for review and approval of the Public Works Department that:a. Addresses Site Design BMPs such as minimizing impervious areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced or zero discharge b. Incorporates the applicable Routine Source and Structural Control BMWs as defined in the Drainage Area Management Plan (DAMP) c. Incorporates Treatment Control BMPs as defined in the DAMP d. Generally describes the long-term operation and maintenance requirements for structural and Treatment Control BMPs e. Identifies the entity that will be responsible for long- term operation,maintenance, repair and or replacement of the structural and Treatment Control BMPS f. Describes the mechanism for funding the long-term operation and maintenance of all structural and Treatment Control BMPs g. A copy of the forms to be used in conducting maintenance and inspection activities h. Record keeping requirements (forms to be kept for 5 years)1. A copy of the form is to be submitted annually by the Project owner to the Public Works Department that certifies that the Project' s structural and treatment BMPs are being inspected and maintained in accordance with the Project's WQMP.45. Prior to the issuance of certificates for use of occupancy the applicant shall demonstrate the following to the Public Works Department:a. That all structural best management practices (BMPs) described in the Project WQMP have been constructed and installed in conformance with the approved plans and specifications,b. That applicant is prepared to implement all non- structural BMPs described in the Project WQMP,c. That an adequate number of copies of the Project' s approved final Project WQMP are available for the future occupiers.46. Prior to City approval of the landscape plans, the applicant shall review the approved Water Quality Management Plan and ensure the proposed landscape plans are consistent with the Project grading plans and show applicable Best Management Practices such as grass swales and other treatment BMPs contained in the WQMP.Planting of vegetation, grasses, plants or trees within any treatment BMP shall be implemented and approved 47. Prior to the issuance of a grading permit (including grubbing, clearing, surface mining or paving permits as appropriate) the applicant shall demonstrate that coverage has been obtained under California's General Permit for Stormwater Discharges Associated with Construction Activity (General Permit) by providing a copy of the Notice of Intent NO I) submitted to the Stale Water Resources Control Board and a copy of the subsequent notification of the issuance of a Waste Discharge Identification number. Water Division 48. Plans submitted during plan check shall show that the applicant/developer shall install a twelve-inch water main on the east side of Tustin Street a length of approximately three hundred feet to cover the length of the property street frontage and connect to the first available connection joint on the existing transmission main. Please address the traffic implications of the construction in the environmental document for the Project.49. Prior to issuance of a building permit, water improvement plans must be submitted and approved by the Water Division for new fire hydrants, domestic water services, fire services, landscape services, and any other proposed improvements or relocations affecting the public water system facilities.50. Plans submitted during plan check shall show that the applicant/developer will be responsible for the installation/relocation of the proposed/existing public water system facilities as necessitated by the proposal to a location and of a design as the approved by the Water Division prior to the issuance of building permits.51. Plans submitted during plan check shall show that the applicant/developer will be responsible for the installation of necessary fire hydrants and fire services as determined by the Fire Department and Water Division.52. Plans submitted during plan check shall show that each building will be protected with a separate fire service unless otherwise approved by the Fire Department and Water Division.53. Prior to building permIt Issuance, the Water Division shall approve the type and location of fire service (detector check) device.54. Plans submitted during plan check shall show a minimum twenty-foot ( 20') separation will be maintained from the public water system facilities to the proposed/existing buildings and structures per the City of Orange Standard Location Of Underground Utilities.55. Plans submitted during plan check shall show that the installation of sewer mains in the vicinity of water mains is done per the Department of Public Works Standard No. 204.56. Plans submitted during plan check shall show that a six foot minimum horizontal clearance and a one foot minimum vertical clearance would be maintained between City water main, laterals, services, meters, fire hydrants and all other utilities except 57. Plans submitted during plan check shall show that an eight-foot minimum clearance is provided between City water mains, laterals, services, meters, fire hydrants and signs,trees or other substantial shrubs, bushes, or plants.58. Plans submitted during plan check shall show that permanent signs, awnings, or other structures are not installed over water mains, laterals, services, meters, and fire hydrants.59. Plans submitted during plan check shall show that each building would be metered separately unless otherwise approved by the Water Division.60. The applicant/developer shall satisfy all water main connection, plan check, and inspection charges as determined by the Water Division prior to approval of the water plan.61. The applicant/developer shall satisfy all water construction bond requirements for the installation of the water system as determined by the Water Division prior to approval of the water plan.62. The applicant/developer shall provide material submittals for all proposed public water system facilities to the Water Division Inspector for review and approval a minimum of fourteen-calendar days prior construction. Fire Department 63. Prior to building permit issuance, an approved fire sprinkler system must be installed throughout the building per O.M.C. 15.32.070 Section 1001.10. The system shall be designed per N.F.P.A. 13, UB.C. Chapter 9, U.B.c. Standards 9-1 and 9-2. The sprinkler system requires 24-hour supervision.64. Prior to building permit issuance, plans submitted into plan check must show that the fire department connection shall not be affixed to the building. The fire department connection must be located at lean 40 feet away from the building, within 40 feet of a fire hydrant and on the address side of the building, unless otherwise determined by the Fire Department. The hydrant shall be located on the same side of the street as the fire department connection.65. Prior to building permit issuance, plans submitted into plan check must show on-site fire hydrant(s) and mains capable of supplying the required fire flow. The hydrant model and on-site location shall be approved by the Fire Department and have a three 3) foot minimum clearance around the circumference of the fire hydrant. The on-site hydrants shall not be controlled by the control valve ( P.I.V.) for the sprinkler system so that water flow to the hydrants is not impaired should the sprinkler system be shut down for any reason. (U.F.C. Sections 903 and 1001.7) The fire department connection shall not pressurize a hydrant. Plans 66. The number and location of hydrants shall be determined by Fire and Water Departments. 67. Prior to issuance of a fire service (detector check) the required water supplies for hydrants and fire sprinkler systems shall be determined and the water supplies shall be approved by the Fire Department. 68. Plans submitted into plan check must show that every building shall be accessible to fire department apparatus by an access roadway of not less than 20 feet of unobstructed width having- a minimum of 13 feet 6 inches of vertical clearance. The access roadway shall be extended to within 150 feet of all portions of the exterior walls of the first story of any building. U.F.C. Sections 901 and 902. 69. The installation of gates, traffic calming methods and speed humps or bumps shall be reviewed by the Fire Department prior to installation. 70. Prior to issuance of a Certificate of Occupancy, all streets less than 36 feet wide shall be marked and signed as a fire lane. The marking and signs shall be provided and installed per the City of Orange Fire Departments Fire Lane Standards. 71. Plans submitted into plan check must show a secondary emergency access that is built and maintained in accordance with U.F.C. Sections 901 and 902. 72. Plans submitted into plan check must show that dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus. Dead-end fire department access roads shall not exceed 600 feet.73. Plans submitted into plan check must show that the fire department access roadway shall be an all-weather driving surface capable of supporting the imposed loads of fire apparatus} 60,000 pounds. The access shall be designed for a three-axle vehicle.UF.C. Section 902.2.2.2.74. Plans submitted into plan check must show that the fire department access roadway shall be provided with adequate turning radius-for fire department apparatus. (A 45 foot outside and 25 foot inside radius.) UF.C. Section 902.2.2.3.75. Prior to issuance of a Certificate of Occupancy, a Fire Department approved key box for fire department access shall be installed on the address side of the building near the main entrance or fire control room at a height of 5 feet above finished grade. The Knox box shall contain keys to gain access to each building. U. F.C. Section 902.4.76. Construction plans shall include a site plan and landscape plan detailing exiting from outside the building to a public way. Details on the type of ground covering, hardscape,gates and latching and locking hardware shall be 77. Prior to issuance of a Certificate of Occupancy, fire facility fees shall be required. 78. Plans submitted into plan check must show that all roof coverings installed on any new or existing building or structure, shall be fire retardant UL. listed Class A. (O.M.C. 15.36.030) Police Department, Crime Prevention 79. Plans submitted into plan check must show that, per Building Security Standards Ordinance No. 7-79, open parking lots providing more than ten new parking spaces for general use by the public, shall be provided with a maintained minimum of one foot-candle of light in the parking surface from dusk until the termination of business every operating day.80. The City of Orange Police Crime Prevention Department will need to review and approve a photometric plan during plan check for the Project to ensure proper lighting of parking and access areas. The plan will need to show compliance with the minimum 1 footcandle requirement (point to point). A contour analysis may be accepted along with light standard data sheets showing the model, wattage, and height.81. Plans submitted into plan check must show that all new structures and modifications shall comply with the requirements of Municipal Code-Chapter 15. 52 (Building Security Standards), which relates to the use of specific exterior doors, door hardware,windows, burglar bars for roof penetrations greater than 96 square inches, lighting, etc.Ord. 7-79). Architectural drawings need to include sections of Ordinance 7-79 that apply to the Project under a Security Notes section on the site plan. An Approved Products List 07/04 of hardware, windows, etc. is available upon request.82. Plans submitted into plan check must demonstrate that proposed landscaping would not obstruct required lighting and addressing of the site.83. Parking lot special event entertainment and/or music on the site shall not be audible or heard from the nearby surrounding residential areas.ADOPTED this 27th day ATTEST: I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Orange at a regular meeting thereof held on the 2ih day of November, 2007, by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: Smith, Cavecche, Dumitru, Bilodeau COUNCILMEMBERS: None COUNCILMEMBERS: Murphy COUNCILMEMBERS: None 23