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HomeMy WebLinkAboutPC RES 31321 2 3 4 5 6 7~ 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 3132 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN APPROVING CONDITIONAL USE PERMIT 92-038, AUTHORIZING THE ESTABLISHMENT AND OPERATION OF A SELF-SERVE, COIN-OPERATED CAR WASH USE WITHIN THE COMMERCIAL GENERAL (CG) DISTRICT, AT THE PROPERTY LOCATED AT THE SOUTHERLY SIDE OF EL CAMINO REAL APPROXIMATELY 450 FEET EAST TO NEWPORT AVENUE, TUSTIN, CA. The Planning Commission of the City of Tustin does hereby resolve as follows: I · The Planning Commission finds and determines as follows: A· That a proper application, Conditional Use Permit 92-038, has been filed by Frontrunner Homes to establish and operated a self-serve, coin-operated car wash at the property located at the southerly side of E1 Camino Real approximately 450 feet east of Newport Avenue, Tustin, California. o A public hearing was duly called, noticed and held for said application on March 22, 1993 by the Planning Commission. C · That the establishment, maintenance~ and operation of the use 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 a detriment to the property and improvements in the neighborhood of the subject property, nor to the general welfare of the City of Tustin as evidenced by the following findings: . The operation and installation of the proposed self-serve, coin operated, car wash use will not be detrimental to the health, safety, morals, comfort and general welfare of persons residing or working within the neighborhood in that the site will provide a water recycling system and shall comply with the Orange County Sanitation District guidelines for discharge produced on site. The site lighting will be designed to provide adequate lighting for security purposes, and as well as provide timing devices to 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 3132 Page 2 , reduce glare produced on site. The vacuum pumps have been located to the rear of the site permitting the noise produced by the pumps to be attenuated across the site. The applicant proposes to install landscaping adjacent to walls and to paint the interior of the washing bays with "anti-graffiti" coating to reduce the opportunity for vandalism and graffit~. As conditioned, the site will provide minimal- vending machines to reduce the opportunity for criminal element. The operation and installation of the proposed self-serve, coin operated, car wash use will not be injurious or detrimental to property and improvements in the neighborhood or the general welfare of the City in that, the proposed use is similar and compatible with the surrounding existing uses. The car wash use would not be expected to have any additional impacts in terms of traffic, water and sanitation requirements and usility usage than existing commercial zoned parcels surrounding the site. As conditioned, any potential adverse impacts related to noise, light, or water ~aality will be mitigated. The operation and installation of the proposed self-serve, coin operated, car wash use will not be detrimental to the health and safety of persons residing or working within the neighborhood nor will the proposed project be injurious or detrimental to property and improvements in the neighborhood or the general welfare of the City in that the proposed car wash building is in scale with the surrounding existing structure and is proposed to be of a compatible architectural design. The applicant is proposing the installation of landscaped areas located at the perimeter of the site and adjacent to the car wash 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Resolution No. 3132 Page 3 building to soften the impact of the proposed building's massing. The proposed landscaped areas will also soften the impact of the expanses of paved areas throughout the site. , The operation and installation of the proposed self-serve, coin operated, car wash use will not be injurious or detrimental to property and improvements in the neighborhood or the general welfare of the City, in that, the drive apron servicing the site has been located in such a way as to not reduce the existing street traffic patterns. The on-site circulation and detailing spaces have been designed to reduce the potential for traffic conflicts by providing adequate drive aisle widths, and drying and detailing spaces. Do A Negative Declaration has been prepared and certified for this project in acc0rdanc% with provisions of the California Environmental Quality Act. II. The Planning Commission hereby approves Conditional Use Permit No. 92-038 to authorize the establishment and operation of a self-serve, coin- operated car wash within the Commercial General (CG) District at the property located at the southerly side of E1 Camino Real approximately 450 feet east of Newport Avenue, subject to the conditions contained in Exhibit A, attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 22nd day of March, 1993. Secretary Chairperson 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 3132 Page 4 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, KATHLEEN CLANCY, the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3132 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, -held on the 22nd day of March, 1993. Recording Secretary EXHIBIT A CONDITIONAL USE PERMIT 92-038 CONDITIONS OF APPROVAL RESOLUTION NO. 3132 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped March 22, 1993, on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development Department in accordance with this Exhibit. The Director of Community Development may also approve subsequent minor modifications to plans during plan check if such modifications are to be consistent with provisions of the Tustin City Code. (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with prior to the issuance of any building permits for the project, subject to review and approval by the Community Develcpment Department. In addition, all Conditions of Approval of Design Review 92-050 shall also be complied with as shown in Resolution No. 3132. (1) 1.3 Conditional Use Permit approval shall become null and void if Zone Change 92-005 is not approved by the City Council and shall also become unless all permits are issued within twelve (12) months of the date of this Exhibit and substantial construction is underway. Time extensions may be granted by the Planning Commission if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.4 Approval of Conditional Use Permit 92-038 is contingent upon the applicant signing and returning an "Agreement to Conditions Imposed" form as established by the Director of Community Development. *** 1.5 Prior to'issuance' of any building permit, a lot line adjustment or parcel map for the subject site shall be recorded. The applicant shall submit a conformed ccpy to the Community Development Department. 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 Exhibit A - Conditions of Approval Resolution No. 3132 Conditional Use Permit 92-038 Page 2 (1) 1.6 The applicant shall hold and defend the City of Tustin harmless for all claims and liabilities arising out of city's approval of the entitlement process for this project. OPERATIONS (2) 2.1 The applicant shall obtain all required approvals and permits from the Orange County Fire Department prior to issuance of a Building Permit. (1) 2.2 The car wash facility and vacuum pumps shall be subject to the provisions of the City of Tustin Noise Ordinance. (1) 2.3 Ail construction operations, including engine warm up, (9) shall be subject to the provisions of the City of Tustin Noise Ordinance and shall take place only during the hours of 7:00 a.m. until 6:00 p.m., Monday through Friday; or other times that the Building Official determines will be in conformance with the Noise Ordinance and the public health and safety will not be impaired, subject to application being made at the time the permit for the work is awarded or during progress of the work. *** 2.4 The future installation of any freestanding vending machines, such as but not limited, to drink or soda machines, candy, magazine racks, and any other retail product is prohibited. 2.5 The products sold from the proposed built in vending machines shall be limited to auto related products and shall not be modified to sell food or drink products. PLAN SUBMITTAL (3) 3.1 At building plan check submittal the following shall be provided: (3) A. Construction plans, structural calculations, and Title 24 energy calculations. Requirements of the Uniform Building Codes, State Handicap and Energy Requirements shall be complied with as approved by the Building Official. (2) B. (3) Preliminary technical detail and plans for all utility installations including cable TV, telephone, gas, water and electricity. Additionally, a note on plans shall be included Exhibit A - Conditions of Approval Resolution No. 3132 Conditional Use Permit 92-038 Page 3 ~"~' stating that no field changes shall be made without corrections submitted to and approved by the Building Official. (2) (3) C. Final grading and specifications consistent with the site plan and landscaping plans and prepared by a registered civil engineer for approval of the Community Development Department. (2) (3) Do A precise soils engineering report provided by a soils engineer within the previous twelve (12) months. Expanded information regarding the levels of hydrocarbons and ground water contamination found on site shall be provided in the submitted soils report. (9) (4) Ee A photometric study of the proposed lighting design indicating locations of all exterior lights and types of fixtures. (1) (5) Fo Information, plans and/or specifications to ensure satisfaction of all Public Works Department requirements. (5) G. (1) Information to ensure compliance with requirements of the Orange County Fire Chief including required fireflow and installation, where required, of fire hydrants subject to approval of the Fire Department, City of Tustin Public Works Department and East Orange County Water District. (5) H. Information to ensure compliance with the requirements of the Orange County Sanitation District No. 7. (4) 3.2 Information shall be included in the final working drawings showing exact details and exterior door types and treatments. (i.e., framing color, etc.) (1) 3.3 Ail exterior colors to be used shall be subject to review (4) and approval of the Director of the Community Development Department. All exterior treatments must be coordinated with regard to color, materials and detailing as noted on submitted construction plans and elevations shall indicate all colors and materials to be used. Exhibit A - Conditions of Approval Resolution No. 3132 Conditional Use Permit 92-038 Page 4 (1) 3.4 Exterior elevations of the building(s) shall indicate any (4) fixtures or equipment to be located on the roof of the building, equipment heights and type of screening. All roof mounted equipment shall be located in the existing mechanical well and shall be a minimum of six inches below the parapet. (1) 3.5 Indicate lighting scheme for project to comply with (4) conditions 3.1E and 3.6G, note locations of all exterior *** lights and types of fixtures, lights to be installed on buildings shall be a decorative design. No lights shall be permitted which may create any glare or have a negative impact on adjoining properties. The location and types of lighting shall be subject to the approval of the Director of Community Development. (1) 3.6 The site plan and structure details for the proposed project shall include the following: (6) (8) (7) (2) ae A stucco finished block wall with columns shall be provided along the westerly property line located to north of the proposed car wash building. The architectural detailing, colors and materials shall be compatible with the proposed structures on site and subject to final approval as to design by the Community Development Department Director. The proposed wall shall not encroach into the visual setback as dictated by Orange County G.M.A. Standard No. 1117. The block wall shall be a maximum of 6'-8" in height. Be A combination of stucco finished columns and decorative metal fencing shall be provided along the westerly property line located to the south of the proposed car wash building. The architectural detailing, colors and materials shall be compatible with the proposed structures on site and subject to final approval as to design by the Community Development Department Director. The block wall shall be a maximum of 6'-8" in height. C® The landscape setback area along the E1 Camino Real frontage shall be increased to a minimum of ten (10) feet in width. This area shall be landscaped and irrigated in accordance with the City of Tustin Landscape and Irrigation Guidelines. Exhibit A - Conditions of Approval Resolution No. 3132 Conditional Use Permit 92-038...~ ~ Page 5 De Landscape areas shall be provided along the north elevation of the proposed car wash building. These landscape areas shall be located at the base of each washing bay column. The areas shall be a minimum of twelve (12) inches in depth and fully irrigated. A minimum of one (1), five (5) gallon, climbing variety vine shall be planted in each provided landscape area. Ee An increased amount of landscape materials and earth berming shall be provided at the northeast corner of the project site. The materials shall include additional specimen size trees, and shrubs. Earth berming shall have a minimum height of 36 inches. The landscape materials shall not conflict with the visual requirements of the adjacent property's drive approach. Fe The proposed width of the one (1) driveway apron along E1 Camino Real shall be reduced from thirty- five (35) feet in width to thirty (30) feet in width. Go The wall-pac lighting fixtures located on the north elevations of the car wash building shall be removed. The proposed wall-pac located on the east elevation shall be modified so as to be architecturally compatible with the proposed building, subject to Condition 3.5. Additional decorative pole lights shall be provided in the perimeter landscape areas. The overall lighting for the project shall comply with the City of Tustin Security Ordinance and shall provide a minimum of one (1) footcandle of lighting illumination throughout the site. He Specifications at Building Permit plan check submittal shall reflect materials call-outs on all elevations and applicable details and notes added indicating that all wall surfaces in the bays shall be coated and protected with a graffiti resistant finish and/or material. On all other wall surfaces the applicant shall be responsible for removal of all graffiti or tagging within 48 hours of notification of the on-site manager at the applicants expense. Exhibit A - Conditions of Approval Resolution No. 3132 Conditional Use Permit 92-038 Page 6 (1) 3.7 Note shall be provided on final plans that a six (6) footThigh chain linked fence shall be installed around the site prior to building construction stages. A nylon fabric or mesh shall be attached to the temporary construction fencing. Gated entrances shall be permitted along the perimeter of the site for construction vehicles. (1) 3.S Any roof-top equipment, including vents and exhausts shall comply with the City of Tustin's Noise Ordinance. (1) 3.9 A 24" x 36" street improvement.plan, as prepared by a California Registered Civil Engineer, will be required for all construction within the public right-of-way. In conjunction with the above, a 24" x 36" traffic control plan, as prepared by a California Registered Traffic Engineer, will be required. (1) 3.10 Construction or replacement of any missing or damaged public improvement along the frontage of the subject parcel will be required, which shall include, but not limited to the following: ae Curb and gutter; Sidewalk; Drive apron; Street paving; and Street light on marbelite pole. *** 3.11 The existing drive apron located at the eastern edge of the subject site shall be removed and replace with sidewalk, curb and gutter in compliance with the City of Tustin public improvement standards. LANDSCAPING, GROUNDS AND HARDSCAPE ELEMENTS (1) 4.1 Prior to issuance of any building or grading permits, (7) submit at plan check complete detailed landscaping and irrigation plans for all landscaping areas, as modified by this Exhibit, consistent with adopted City of Tustin Landscaping and Irrigation Submittal Requirements. Provide summary table applying indexing identification to plant materials. The plant table shall list botanical and common names, sizes, spacing, 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, pipe size, sprinkler type, spacing and coverage. Details for all equipment must be Exhibit A - Conditions of Approval Resolution No. 3132 Conditional Use Permit 92-038 Page 7 " provided. Show all property lines on the landscaping and irrigation plan, public right-of-way areas, sidewalk widths, parkway areas, and wall locations. The Department of Community Development may request minor subStitutions of plant materials or request additional sizing or quantity materials during plan check. Note on landscaping plan that coverage of landscaping and irrigation materials is subject to field inspection at project completion by the Department of Community Development. (7) 4.Z The submitted landscaping plaqs at plan check shall reflect the following requirements: ae Turf is unacceptable for grades over 25%. A combination of planting materials must be used, ground cover on large areas along is not acceptable. B. Provide a minimum of the following plant materials: · 1 tree for every 30' street frontage 6 shrubs for every 25' street frontage 1 tree for every 30' perimeter property line 5 shrubs for every 30' perimeter property line 1 tree for every 250-square fee landscape area 5 shrubs for every 25-1in·al feet landscape 1 tree for every five parking stalls 1 tree for every 30-lineal feet of exterior building wall · A minimum of five percent of parking area must be landscaped. Ce Shrubs shall be a minimum of 5-gallon size and shall be spaced a maximum of five feet on center. De Ground cover shall be planted between a maximum of eight to 12 inches on center, with eight inches on center preferred. E. Fences, walls and equipment areas, shall be screened with shrubs and/or vines and trees. Fe Ail plant materials shall be installed in a healthy vigorous condition typical to the species and must be maintained in a neat and healthy condition. Maintenance includes but is not limited to trimming, mowing, weeding, removal of litter, Exhibit A - Conditions of Approval Resolution No. 3132 Conditional Use Permit 92-038 Page 8 fertilizing, regular watering, and replacement of diseased or dead plants. Ge Buffer driveway and parking areas with landscaping berms when possible. He Earth mounding is essential and must be provided to applicable heights whenever it is possible in conjunction with the submitted landscaping plan. I · Perimeter walls should be treated with' vines in order to relieve large -expanses of walls with adding greenery and color. Vines should be informally grouped with training devices installed. Jo Six (6) inch raised concrete curbs shall be placed on-site adjacent to all landscape planting areas. (1) 4.3 Screening adjacent to roadways, whenever possible, shall (7) compliment the architecture, color and construction (4) material of primary buildings on the site. (1) 4.4 Ail walls, fences or landscaping adjacent to streets (7) should be designed to provide adequate sight distance for (4) vehicles exiting the project. All walls shall be designed in accordance with height standards and sight distances as identified in the City Code where applicable. FEES (1) 5.1 Payment of the following fees prior to the issuance of any building permits shall be required. a · Major thoroughfare and bridge fees to Tustin Public Works Department. b· Any additional Orange County Sanitation District No. 7 sewer connection fees to the Community Development Department. Ce Ail applicable building and grading plan check and permit fees to the Community Development Department. de Orange County Fire Department fees to the Community Development Department. Exhibit A - Conditions of Approval Resolution No. 3132 Conditional Use Permit 92-038 Page 9 e~ School facilities fee to the Tustin Unified School District, as applicable. f , East Orange County Water District fees to the Community Development Department. *** 5.1 Within forty-eight (48) hours of approval of the subject (5) project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of $25.00 (twenty five dollars) pursuant to AB 3158, Chapter 1706, Statues of 1990, to enable the City to file the Notice of Determination required under Public Resources Code Section 21152 and 14 Cal. Code of Regulations 15075. If within such forty-eight (48) hour period that applicant has not delivered to the Community Development Department the above-noted check, the approval for the project granted herein shall be considered automatically null and void. In addition, should the Department of Fish and Game reject the Certificate of Fee Exemption filed with the Notice of Determination and require payment of fees, the applicant shall deliver to the Community Development Department, within forty-eight (48) hour of notification, a cashier's check payable to the COUNTY CLERK in the amount of $1,250 (one thousand, two hundred fifty dollars) pursuant to AB 3158, Chapter 1706, Statues of 1990. If this fee is imposed, the subject project shall not be operative, vested or final unless and until the fee is paid. JP:br