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HomeMy WebLinkAboutPC RES 352410 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 RESOLUTION NO. 3524 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 97-002 AND DESIGN REVIEW 97-002 AUTHORIZING THE CONVERSION OF AN AUTOMATIC CAR WASH TO AN EXPRESS CAR WASH FACILITY AT 13871 RED HILL AVENUE The Planning Commission does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That a proper application for Conditional Use Permit 97-002 and Design Review 97-002 was filed by Mohamed Al-Said to request authorization for the conversion of an automatic car wash to an express car wash facility at 13871 Red Hill Avenue, more specifically described as Assessor's Parcel No. 500-141-11. B , That Use Permit 69-295 previously authorized an automatic car wash. C o That the proposed use is allowed within the C-2 Central Commercial District, with the approval of a Conditional Use Permit. m. That a public hearing was duly called, noticed and held on said application on June 23, 1997, by the Planning Commission. E o That the establishment, maintenance and operation of the express car wash applied for will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin, as evidenced by the following findings: 1) The proposed use can be accommodated on the subject property with no impacts to on-site circulatiDn, queue length, or surrounding properties or roadways as supported by the Customer Survey/Traffic analysis prepared for this project. 2) The proposed site improvements will improve the appearance of the property and provide partial screening of outdoor work areas. 3) The proposed use is consistent with the "Service Station Development Guidelines" in that all applicable operational conditions have been incorporated into this Resolution and that 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Resolution No. 3524 Page 2 additional landscaping will be installed to provide buffering and screening from adjacent properties. The approved facility is not being significantly modified, therefore, other development criteria and design standards such as placement of structures, bays, and fuel pumps are not applicable. F . Pursuant to Section 9272 of the Tustin Municipal Code, the Commission finds that the proposed site modifications will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole. G. 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. The Planning Commission hereby approves Conditional Use Permit 97-002 and Design Review 97-002 to authorize the conversion of an automatic car wash to an express car wash on the property located at 13871 Red Hill Avenue. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 23rd day of June, 1997. LOU BONE Chairman Recording Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, BARBARA REYES, the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3524 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 23rd day of June, 1997. Recording Secretary (~) (1) (i) EXHIBIT A CONDITIONAL USE PERMIT 97-002 AND DESIGN REVIEW 97-002 CONDITIONS OF APPROVAL RESOLUTION NO. 3524 GENERAL 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped May 27, 1997, on file with the Community Development Department, except as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Director of Community Development may also approve minor modifications to plans during plan check if such modifications are to be consistent with the provisions of the Tustin City Code. 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified or prior to the issuance of any building permits for the project, subject to review and approval by the Community Development Department. 1.3 The subject project approval shall become null and void and legal enforcement action shall be immediately initiated unless the following performance schedule to implement the proposed project is adhered to: a. Ail required construction level drawings required to implement the project, including but not limited to, building, -site, and landscaping plans, shall be submitted to the Community Development Department within thirty (30) days of the date of this Resolution. B . Any and all necessary corrections needed to the submitted construction level plans shall be resubmitted to the Community Development Department within fifteen (15) days of being notified by'the City that corrections are ready. C. Ail construction permits shall be obtained from the City within thirty (30) days of being notified by the City that the plans are ready for permit issuance. SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODE/S (4). DESIGN REVIEW *** EXCEPTIONS (5) (6) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY Exhibit A Resolution No. 3524 Page 2 D . Ail construction shall be completed within sixty (60) days of permit issuance. (1) 1.4 Approval of Conditional Use Permit 97-002 and Design Review 97-002 is contingent upon the applicant and property owner signing and returning an "Agreement to Conditions Imposed" form as established by the Director of Community Development. (1) 1.5 The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of a. challenge of the City's approval for this project. PLAN SUBMITTAL (4) 2.1 Three (3) sets of construction and tenant improvement plans shall be prepared in accordance with applicable Building and Fire Codes and submitted for review and approval by the Community Development Department. Compliance with approved plans shall be inspected by the Community Development Department during construction and prior to final inspection. (1) 2.2 Three (3) sets of detailed landscaping and irrigation plans for all landscaping areas shall be submitted for plan check, consistent with adopted City of Tustin Landscaping and Irrigation Submittal Requirements and consistent with the landscaping concept plan. Said plans shall be consistent' with the existing landscape palette for the center. The applicant shall provide a summary table applying indexing identification to plant materials in their actual location. The plant table shall list botanical and common names,.sizes, spacing, actual location and quantity of the plant materials proposed. Show planting and berming details, soil preparation, staking, etc. The irrigation plan shall show location and control of backflow prevention devices (screened from view from right-of-way and on-site by shrubs), pipe size, sprinkler type, spacing and coverage. Details for all equipment shall be provided. The plans shall show all property lines on the landscaping and irrigation plan, public right-of-way areas, sidewalk widths, parkway areas, existing and proposed Exhibit A Resolution No. 3524 Conditions of Approval Page 3 (1) landscaping and structures. The Department of Community Development may request minor substitutions of plant materials or request additional sizing or quantity. Note on plans that adequacy of coverage of landscaping and irrigation materials is subject to field inspection at project completion by the Department of Community Development. The submitted landscaping plans at plan check shall reflect the following requirements: o Thirty-six (36) inch high berming shall be used in the planter area at'the southeast corner of the property and in all other feasible locations. . Shrubs shall be a minimum of 5 gallon size and shall be spaced a minimum of 8 feet on center when intended as screen planting. . Ground cover shall be planted between 8 to 12 inches on center. When 1 gallon plant sizes are used, the spacing may vary according to materials used. . Ail plant materials shall be installed in a healthy, vigorous condition typical to the species and landscaping must be maintained in a neat and healthy condition. This will include but not be limited to trimming, mowing, weeding, removal of litter, fertilizing, regular watering, or replacement of diseased or dead plants. 2.3 A Water Quality Management Plan shall be submitted by the applicant and approved by the Community Development and Public Works Departments which identifies Best Management Practices (BMPs) that will be used on-site to control predictable pollutant run-off. This WQMP shall identify: the structural and non-structural measures specified detailing implementation of BMPs whenever they are applicable to the project; the assignment of long-term maintenance responsibilities (specifying the developer, parcel owner, maintenance association, lessee, etc.); and, reference to the location(s) of structural BMPs. Exhibit A Resolution No. 3524 Conditions of Approval Page 4 (1) 2.4 Exterior lighting fixtures shall be installed in compliance with City's Security Ordinance. Prior to installation, submit three (3) sets of plans which show that all existing and proposed exterior lighting shall be designed and arranged as not to direct light or glare or have a negative impact on adjacent properties. Wall mounted fixtures shall be directed at a 90 degree angle directly toward the ground or angled toward the building. (3) 2.5 Prior to installation, the applicant shall submit plans and details for the auto detailing tent canopy for review and approval by the Community Development Department. USE RESTRICTIONS (i) 3.1 The applicant, or subsequent tenant, shall be limited to providing only the following hand wash services: Removing heavy mud and dirt and washing of wheels, tires, and lower parts of vehicles at the wash tunnel entrance; Drying of one (1) vehicle at the wash tunnel exit at any one time; and, Detailing of one (1) vehicle in a marked stall parallel to the south property line at any one time. (1) 3.2 The applicant, or any subsequent tenant, shall ensure that each customer remains in his or her vehicle while proceeding through the wash tunnel. Employees shall not drive a customer's car through the wash tunnel. No drying, detailing or other vehicle finishing shall take place by the customers outside the wash tunnel. A sign shall be posted on the site indicating that customers are to remain in their vehicles, subject to approval of the Community Development Director. Exhibit A Resolution No. 3524 Conditions of Approval Page 5 (1) 3.3 The preparation area at the entrance to the car wash tunnel shall be limited to 1) the use of high pressure water jets to remove mud, dust, and other dirt, 2) washing of wheels, rims, and the lower part of a vehicle, 3) checking with customer to make sure that the vehicle is in neutral and no breaks will be applied, and 4) providing direction to the customer to move the vehicle into the wash tunnel. (1) 3.4 A maximum of one (1) vehicle may be parked at the wash tunnel exit at any one time. Vehicles shall not be stacked.in any manner at the wash tunnel exit or easterly drive aisle along Red Hill Avenue. (1) 3.5 A maximum of one vehicle shall be parked in the nine (9) foot by twenty (20) foot car detailing area located parallel to the south property line and offset five (5) feet from the side and rear property lines at the southwest corner of the subject property, as shown in the approved site plan. The canopy shall be limited in size to ten (10) feet by twenty (20) feet and shall not encroach into the drive aisle, which shall be a minimum of fourteen (14) feet. (1) 3.6 Vehicle washing shall be prohibited in the car detailing area. Only detailing services'such as hand waxing may be performed. (1) 3.7 If, at any time in the future, the City is made aware and concurs that a parking, traffic or circulation problem exists on the subject property, then the Community Development and Public Works Departments may require the property owner to submit an updated traffic analysis prepared by the applicant's consultant, at no expense to the City. The updated analysis shall be submitted within the time schedule stipulated by the City. The property owner may delegate this responsibility, through lease negotiations, to any tenant operating under Conditional Use Permit 97-002. · If the City deems there are traffic conflicts, the property owner shall be required to provide additional mitigation measures to be reviewed and approved by the Community Development and Public Works Departments. Exhibit A Resolution No. 3524 Conditions of Approval Page 6 Failure to adequately respond to such a request and to implement mitigation measures within the time schedules established shall be grounds for initiation of revocation procedures for Conditional Use Permit 97- 002. (1) 3°8 No vehicle shall be parked on the premises for the purpose of offering same for sale, lease, or rent. (1) 3.9 No used or discarded automotive parts or equipment, disabled, junked, or wrecked vehicles may be located on the site. (1) 3.10 The installation and/or maintenance of any ext'erior vending machines, such as but not limited to, beverages or soda machines, candy, magazine racks and any other retail product,'is prohibited. (1) 3.11 Public telephones on the subject property shall be programmed to prevent incoming calls. (1) 3.12 Parking of vehicles shall be permitted only in marked parking stalls approved by the City of Tustin, unless vehicles are waiting for an available fuel pump, are being serviced at the fuel pumps, are waiting to enter the carwash building, or are parked in a marked stall in the car detailing area. (1) 3.13 No outdoor storage shall be permitted except as approved by the Community Development Director. (1) 3.14 The overnight or after-hours parking of vehicles on the subject property shall be prohibited. (1) 3.15 Detailing and car wash activities shall be limited to the hours of 7:00 a.m. to sunset. (1) 3.16 Engine, steam cleaning, touch-up painting, pinstripping, and engine detailing shall be prohibited. (1) 3~17 The car detailing canopy shall be maintained in a neat and attractive manner. Canopy shall not be worn, frayed, sun-damaged, or faded. Exhibit A Resolution No. 3524 Conditions of Approval Page 7 (1) 3.18 The southerly driveway shall be restricted to right turn egress only. A sign shall be posted on the site indicating such; subject to the approval of the City's Traffic Engineer. (1) 3.19 The southerly driveway shall be restricted to exit only. A sign shall be posted on the site indicating such; subject to the approval of the City's Traffic Engineer. PROPERTY MAINTENANCE (1) 4.1 Ail deteriorated asphalt shall be repaired. (1) 4.2 Parking stalls shall be permanently stripped and marked in accordance with the approved site plan. (1) 4.3 Hardscape and landscape areas along the north, west, and south property lines shall be cleared of all debris, weeds, and dead/damaged plant materials, including tree stumps, and.reconstructed and replanted in accordance with the City's Landscape and Irrigation Guidelines and the approved Site Plan and Preliminary Landscape Plan. (1) 4.4 Ail damaged and non-operating automatic irrigation lines and fixtures shall be restored to normal working condition or replaced with working lines and fixtures. (1) 4.5 Solid metal, self-closing, self-latching gates shall be installed on the existing trash enclosure. In addition, a sufficient number of additional trash bins with surrounding enclosures shall be installed, remain on the property, and be maintained to avoid health issues for neighboring areas. Prior to installation, details shall be submitted to the Community Development Department and Great Western Reclamation for review and approval. (1) 4.6 The owners shall be responsible for the daily maintenance and up-keep of the facility, including but not limited to trash removal, painting, graffiti removal and maintenance of improvements to ensure that the facilities are maintained in a neat and attractive manner. All graffiti shall be removed within 72 hours Exhibit A Resolution No. 3524 Conditions of Approval Page 8 of a complaint being transmitted by the City to the property owner. Failure to maintain said structures and adjacent facilities will be grounds for City enforcement of its Property Maintenance Ordinance, including nuisance abatement procedures. NOISE (1) 5.1 Ail requirements of the City's Noise Ordinance in terms of operation of the carwash (Chapter 6 of the Municipal Code) shall be met at all times which, in part, requires noise levels not to exceed 60 dBa at any time. (1) 5°2 Outside address speakers, telephone bells, buzzers and similar devices which are audible from adjoining properties shall be prohibited. FEES (1) 6.1 Prior to issuance of any permits, payment shall be made of all required fees, as may be in effect at the time of permit issuance, including, but not limited to: a. Ail applicable plan check and permit fees to the Community Development Department, based on the most current schedule, as may be amended prior to permit issuance. (1) 6.2 Within forty-eight (48) hours of approval of the (5) subject project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of $38.00 (thirty-eight dollars) to enable the City to file'the appropriate environmental documentation for the project. If within such forty-eight (48) hour period that 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.