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Home My WebLink About04 CUP 98-007 DR 98-007 05-3-99 '~ '~ 5-3-99 ! Inter-Com DATE: MAY 3, 1999 TO' FROM' SUBJECT: WILLIAM A. HUSTON, CITY MANAGER COMMUNITY DEVELOPMENT DEPARTMENT APPEAL OF CONDITIONAL USE PERMIT 98-007 & DESIGN REVIEW 98-007- CONTINUED PUBLIC HEARING SUMMARY: Conditional Use Permit (CUP) 98-007 and Design Review (DR) 98-007 are requests to construct a 1,472 square foot drive through oil change facility with two service bays. The property is located at 12972 Newport Avenue on the northeast corner of Newport Avenue and Old Irvine Boulevard. The property is located within the Retail Commercial (C-I) Zoning Disttica On October 26, 1998, the Planning Commission denied CUP 98-007 and DR 98-007. On Novetnber 2, 1998 the applicant appealed the Planning Commission's decision. On January 19, 1999, the City Council rentanded CUP 98-007 and DR 98-007 back to the Planning Commission to review an alternative proposal and provide recommendation to the City Council On March 22, and April 12, 1999 the Planning Commission held public hearings on the revised application. On April 12, 1999, the Planning Commission adopted Resolution Nos. 3664 and 3666 recommending that the City Council approve CUP 98-0707 and DR 98-007 and certify the environmental documentation. A public hearing was scheduled for April 19, 1999, however staff and th~ applicant requested a continuance to the May 3, 1999 meeting. Applicant: Michael J. Dobson, EZ Lube Owner: KC/OB Partners, LLC RECOMMENDATION That the City Council adopt Resolution 99-33 approving Conditional Use Permit No. 98-007 and Design Review 98-007; and adopt Resolution 99-34 certifying the final Negative Declaration as required by the California Environmental Quality Act. PLANNING COMMISSION RECOMMENDATION On March 22, and April 12, 1999, the Planning Commission conducted public hearings on this application. The Commission adopted Resolution Nos. 3664 and 3666 (Attachment F), recommending that the City Council approve Conditional Use Permit No. 98-007 and Design Review No. 98-007 and recommending that the City Council certify the Negative Declaration. FISCAL IMPACT The applicant paid the application and appeal fees associated with the processing of these permits. City Council Report Appeal of CUP 98-007 & DR 99-007 May 3, 1999 Page 2 BACKGROUND This is a continued item from the April 19, 1999 City Council meeting. On October 26, 1998, the Planning Commission denied Conditional Use Permit (CUP) 98-007 and Design Review (DR) 98- 007 (Attachment G). On November 2, 1998 the applicant appealed the Planning Commission's decision. The applicant agreed to continue the appeal hearing before the City Council until January 19, 1999. On January 19, 1999, the City Council remanded the project back to the Planning Commission to review and consider a revised site plan that the applicant submitted at the City Council meeting. The Planning Commission held public hearings on March 22, and April 12, 1999, to consider the revised plan. A public hearing before the City Council was scheduled for April 19, 1999, to consider the Planning Commission recommendations, however, the applicant and staff requested a continuance until the May 3, 1999 meeting of the City Council. Site and Surrounding Properties The site is vacant and surrounded by a chain link fence. A Mobile Service Station was located on the project site and vacated in December' 1994. In March 1995, the service station was demolished. The parcel is an irregular, triangular shaped corner lot, which is less than .3 acres in size (13,188 square feet). The width of the street frontage on Newport Avenue is 140 feet and the width of the street frontage on Old Irvine Blvd. is 125 feet. The property is surrounded to the north and east by an existing commercial center. Across NewPort Avenue to the west, is the Plaza Lafayette commercial center. Various commercial uses are located to the south of the project site. (See Location Map) As noted, the site is located in the Town Center Redevelopment Project area, which requires Design Review approval by the Zoning Administrator. Since the project also includes a Conditional Use Permit request, which requires action by the Planning Commission, the Zoning Administrator referred the Design Review to the Planning Commission for concurrent consideration (TCC Section 9299b). DISCUSSION Project Description The applicant is requesting approval to construct a "quicklube service" which is a drive-through oil change facility.. The proposed French architectural style of the building is designed to complement the existing structures located within the adjacent "Plaza Lafayette". A 35-foot tower element is proposed on the south and west elevations of the building. The tower has a polygonal roof with eight sides. The eave'line of the roof extends above the approximate 23-foot height of the main structure. A fiat brown roof tile is proposed. The exterior stucco walls are two-toned in a light and dark sand color. The dark sand color is located along the lower four feet of the building, creating a wainscot. The dark sand is also used on the stucco covered foam trim. Three wall signs and a monument sign are.proposed. Two of the three wall signs and the monument sign depict the "EZ Lube" name and logo. The third wall sign is above the service bays and states, "fast oil change experts''. City Council Report Appeal of CUP 98-007 & DR 99-007 May 3, 1999 Page 3 The facility is proposed to be open Monday through Friday, 7:30 a.m. to 7:00 p.m., and Saturday and Sunday, 8:00 a.m. to 8:00 p.m. The applicant has indicated that the average service takes 10 minutes per vehicle and each facility averages about 40 vehicles a day. Revised Plans The applicant has revised their plans from the October 26, 1997, submittal in the following manner (See Revised Plan Submittal- Attachment B) · A 1,472 square foot building; · A 1,541 square foot building; · Three-single work bays and an indoor/outdoor waiting area; · Two-tandem work bays indoor/outdoor waiting area; and an · Finial on the top of the tower element · exceeded the maximum height allowed by the Zoning Code; Finial on top of the tower element removed to comply with the 35-foot maximum height standard; · Cabinet wall sign above the service bays on · the south elevation exceeding the maximum allowed size of 25 square feet for a secondary sign; Cabinet wall sign above the service bays on the south elevation is reduced to 20 square feet in size complying with the maximum size allowed by the sign code; · A building setback of 15 feet from the right- · of-way on Old Irvine and 12 feet from the future right-of-way on Newport; The building setbacks are increased to 22- feet from the right-of-way on Old Irvine and 20-feet from the future right-of-way on Newport; · A landscape buffer of 10 feet along Newport · Avenue before the dedication and no landscaping after dedication. A landscape buffer of 20 feet along Newport Avenue before the dedication and 10 feet after dedication. · No vehicular access around the building and · insufficient area to accommodate vehicular turn-around;, Vehicular access around the building and enough area to accommodate vehicular turn-around; . · A total of seven parking spaces. Three · standard spaces and one handicap space located on the Newport side and three standard size spaces located on the Old Irvine side; A total of six parking spaces. One standard space located on the Newport side and four standard size spaces and one handicap space on the Old Irvine side; · A 25-foot wide, 36-inch high landscape · berm located at the corner of the site; and, A 31% - foot Wide, 36-inch high landscape berm is located on the corner of the site; and, · A three-foot wide planter extending along · A five-foot wide planter extending along the the rear property line. rear property line. City Council Report Appeal of CUP 98-007 & DR 99-007 May 3, 1999 Page 4 Improvements to the Plan The proposed revisions to the plan increase the overall size of the building, however, the number of service bays are reduced from three to' two. The work areas increase from three areas to four areas of tandem workspace within each service bay. The building setback and dimensions have been altered to allow for a greater landscape buffer along Newport Avenue. Due to the future widening of Newport Avenue, the previous plan would have required the removal of the entire landscaped buffer along this right-of-way. The proposed landscape buffer along Newport Avenue is 20-feet wide. Therefore, when Newport Avenue is widened in the future, a 10-foot wide landscape buffer will still exist. This will provide screening of the service bays from public view. Condition No. 2.15 requires that the landscape plan provide significant screening of the service bays. In addition, Condition No. 2.10 requires that the giass on the service bay doors be tinted to obscure visibility into the building when the doors are closed. Reducing the number of service bays has provided better vehicular access around the building and eliminated conflict between the stacking area and accessing the parking spaces. The previous plan provided no maneuverability around the building and insufficient area to accommodate vehicUlar turn-around. The proposed plan provides for access around the b'uilding and enough area to accommodate vehicular turn-around. Condition No. 3.3 has been included to prohibit any vehicular stacking in the public right-of-way. The proposed site Plan allows for access in and out of the off street parking spaces that does not interfere with the "stacking area". The "stacking area", within the previous plan interfered with patrons entering or exiting the parking spaces and created conflicts for patrons waiting for service. In the future, to tie the site into the circulation pattern, shared parking and access with the adjacent center, Condition No. 4.1 is included requiring the applicant to continue pursuing a reciprocal agreement with the adjacent center and/or with any revitalization of the commercial center. To avoid any potential nuisances to surrounding properties in conjunction with servicing of vehicles, Condition No. 3.2 is included requiring that all servicing of vehicles be conducted entirely within the building. Condition No. 3.1 also prohibits any other type of auto service to be conducted, other than the proposed drive-through oil change facility. The standard conditions of approval for auto service facilities as provided in the Auto Service Design Guidelines (Attachment H) have been included. In addition to these, Condition No. 1.6 establishes civil penalties for violation of any condition. ,," The need for any discretionary review of a height variance Or a sign code exception was eliminated. City Council Report Appeal of CUP 98-007 & DR 99-007 May 3, 1999 Page 5 ENVIRONMENTAL DOCUMENTATION Attachment D is the Initial Study/Negative Declaration prepared for this project. To reduce project impacts to a level of less than significant impact, mitigation measures for aesthetics, air quality, geology & soils, transportation/traffic, hazards & hazardOus materials, noise, hydrology & water quality and land use planning are included in the Initial Study/Negative Declaration and have been incorporated into Resolution No. 99-33 as conditions of approval. Associate Planner Director, Community Development Attachments: A. B. C. D. E. F. G. H. Location Map Revised Plan Submittal Resolutions 99-33 and 99-34 Negative Declaration and Initial Study Planning Commission - March 22, 1999 Planning Commission - April 12, 1999 Planning Commission - October 26, 1998 Auto Service Design Guidelines s:ccreport/cup98-OO7may3LLdoc ATTACHMENT A LOCATION MAP LO,~ATION MAP < / ! / P/DDD CR£.~T ~772 IULEVARD / IRViNE BOULEVARD NO SCALE ATTACHMENT B REVISED PLAN SUBMITTAL ........... ~n/~aa v ATTACHMENT C RESOLUTIONS 99-33 and 99-34 RESOLUTION NO. 99-33 ]2 ]4 ]8 20 2! 23 24 25 27 28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 98-007 DESIGN REVIEW 98-007 AUTHORIZING A DRIVE-THROUGH OIL CHANGE FACILITY AT 12972 NEWPORT AVENUE. I. The City Council finds and determines as follows: A. Bo Co That a proper application for Conditional Use Permit 98-007 and Design Review 98-007 was filed by EZ Lube to request authorization to construct a 1,541 square foot drive-through oil change facility with two work bays and indoor/outdoor waiting areas on the property located at 12972 Newport Avenue, also described as Assessor's Parcel No. 501-081-05. That the proposed use is allowed within the Retail Commercial District (C-1), with the approval of a Conditional Use Permit (TCC Section 9232). That a public hearing was duly called, noticed and held on said application and denied by the Planning Commission on October 26, 1998. The Planning Commission's decision was appealed to the City Council by the applicant on November 2, 1998. A public hearing was duly called, noticed and held on December 7, 1998 and January 19, 1999 by the City Council and remanded to the Planning Commission for review of revised plans. D, That a public hearing was duly called, noticed and held on said. application on February 22, March 22, and April 12, 1999, by the Planning Commission. E, That on April 12, 1999, the Planning Commission adopted Resolution Nos. 3664 and 3666 recommending that the City Council approve' Conditional Use Permit 98-007 and Design Review 98-007 and certify the environmental documentation. Fo That a public hearing was duly called, noticed and held on said application on April 19 and May 3, 1999, by the City Council. G, That the establishment, maintenance and operation of the uses 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 finding that, the proposed project, as conditioned, will not be injurious, detrimental to, or have a negative effect on surrounding properties in that: ]4 l? 20 2! 24 2? 28 Resolution No. 99-33 CUP98-007 & DR98-007 Page 2 . The proposed project complements and provides a support service to existing or future uses allowed by the Zoning Code; 2. The scale, massing, and design of proposed structures is appropriate for the area; o As conditioned, the proposed site plan provides for sufficient vehicle ingress, egress, on-site maneuvering and parking; and, o . There will be no on-site or off-site traffic impacts and no effect on the existing and planned level of service for adjacent arterials and intersections. Payment of Transportation System Improvement Program fees will be used to mitigate cumulative impacts on the transportation system. The proposed landscaping will partially screen the view of the two service bays from the public right-of-way. H. Pursuant to Section 9272 of the Tustin Municipal Code, the Commission finds that the location, size, architectural features and general appearance of Design Review 98-007, as conditioned, will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole. In making such findings, the City Council has considered at least the following items: 1. Height, bulk and area of buildings. 2. Setbacks and site planning. 3. Exterior materials and colors. 4. Type and pitch of roofs. 5. Size and spacing of windows, doors and other openings. . Towers, chimneys, roof structures, flagpoles, radio and television antennae. , , Landscaping, parking area design and traffic circulation. Location, height and standards of exterior illumination. , Location and appearance of equipment located outside of an enclosed structure. l0 14 20 24 25 2? Resolution No. 99-33 CUP98-007 & DR98-007 Page 3 10. Location and method of refuse storage. 11. Physical relationship of proposed structures to existing structures in the neighborhood. 12. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. 13. Proposed signage. 14. Development Guidelines and criteria as adopted by the City Council. A Negative Declaration has been prepared for this project in. accordance with the provisions of the California Environmental Quality Act (CEQA) for final consideration by the City Council. J. 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. Now, therefore, be it resolved by the City Council to adopt Resolution No. 99-33 approving Conditional Use Permit 98-007 and Design Review 98-007 to authorize construction of a 1,541 square foot drive-through oil change facility with two work bays and indoor/outdoor waiting areas on the property located at 12972 Newport Avenue, subject to the conditions contained in Exhibit A,.attached hereto. PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular meeting on the 3rd day of May, 1999. TRACY WILLS WORLEY Mayor PAMELA STOKER City Clerk EXHIBIT A CONDITIONAL USE PERMIT (CUP) 98-007 AND DESIGN REVIEW (DR) 98-007 CONDITIONS OF APPROVAL RESOLUTION NO. 99-33 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped April 12, 1999 on file with the Community Development Department, as herein modified, or unless otherwise indicated, as modified by the Community Development Director in accordance with this Exhibit. The Director may also approve subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code or other applicable regulations. (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 Development Department. (1) 1.3 The subject project approval shall become null and void unless permits for the proposed project are issued and substantial construction is underway within eighteen (18) months of the date of this Exhibit. Time extensions may be considered if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.4 Approval of CUP 98-007 and DR 98-007 is contingent Upon the applicant and property owners signing and returning an "Agreement to Conditions Imposed" form as established by the Community Development Department. (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 of this project. il) 1.6 Any violation of any of the conditions imposed is subject to the imposition of a civil penalty of $100.00 for each violation and each day the violation exists. (1) 1.7 The applicant shall be responsible for costs associated with any necessary code enforcement action. PLAN SUBMITTAL' (1) 2.1 When submitting for a building permit, submit four sets of plans, two sets of soils reports, structural and energy calculations, specifications and acoustical report. Electrical, mechanical and plumbing plans shall be included. SOURCE CODES (2) (3) (4) STANDARD CONDITION CEQA MITIGATION UNIFORM BUILDING CODE/S DESIGN REVIEW EXCEPTIONS (s) (6) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY Exhibit A - Conditions of Approval Resolution No. 3664 CUP 98-007 & DR98-007 Page No. 2. (1) 2.2 Indicate on the title sheet the applicable codes, City Ordinances and the State and federal laws and regulations to include: 1994 Uniform Building Code with California Amendments 1994 Uniform Mechanical Code with California Amendments 1994 Uniform Plumbing Code with California Amendments 1993 National Electrical Code with California Amendments · T-24 California Disabled Access Regulations T-24 California Energy Efficiency Standards City of Tustin Grading Ordinance City of Tustin Landscape and Irrigation Guidelines City of Tustin Private Improvement Standards City of Tustin Security Ordinance (1) 2.3 Indicate on the plans the fire protection rating of exterior walls and openings or where openings are not allowed per Table 5-A of the UBC. (1) 2.4 All grading, drainage, vegetation and circulation shall comply with the City of Tustin Grading Manual. All construction activity shall comply with the Tustin Grading Manual which requires frequent watering of the project site to control dust. All street sections, curbs, gutters, sidewalks, lighting and storm drain shall comply with on-site improvement standards. Any deviations shall be brought to the attention of the Building Official and request for approval shall be submitted in writing prior to any approval. (1) 2.5 Complete the hazardous material questionnaire and the air quality questionnaire and submit to the Building Division and the proper agencies. If the answer to any of the questions is "yes", clearances from the Hazardous Materials Disclosure Office and the South Coast Air Quality Management District shall be submitted to the Building Division prior to approval. (1) 2,6' Provide complete details for accessible paths of travel throughout the site, including pedestrian circulation from public right of way to the buildings and throughout the new structures including cashier counter and office space. (1) 2.7 Exterior walls within twenty (20) feet of property lines shall be one-hour fire rated and require a minimum of 30" high parapet in accordance with Uniform Building Code Section 709.4 and Table 5A. (1) (1) 2.8 2.9 Trash enclosures shall comply with Great Western Reclamation and City of Tustin standards. Separate trash enclosures are required for each parcel. All parapets shall be at least six inches (6") above any roof mounted equipment, vents, and exhausts. (1) 2.10 The windows located in the service bay doors shall be tinted to obscure the view into the building. Exhibit A- Conditions of Approval Resolution No. 3664 CUP 98-007 & DR98-007 Page No. 3 (1) 2.11 No exterior downspouts shall be permitted on any facade of the building which are visible from adjacent streets or residential/commercial areas. (1) 2.12 (1) 2.13 Roof scuppers shall be installed with a special lip device so that overflow drainage will not stain the walls. Enclosure of electric and gas meters must be compatible with the building treatment. .(1) 2.14 (1) 2.15 All exposed metal flashing or trim shall be anodized or painted compatible with main buildings. The site shall be landScaped consistent with the City's Landscaping and Irrigation Guidelines. Landscaping shall consist of a combination of berming and sufficient numbers of shrubs and trees to provide adequate screening, subject to the satisfaction of the Community Development Director. (1) 2.16 The applicant shall provide details of all proposed lighting fixtures and a photometric study showing the location and anticipated distribution pattern of light of all proposed fixtures. All new light fixtures shall be consistent with the architecture of the building. All exterior lighting shall be designed and arranged as not to direct light or glare onto adjacent properties, including the adjacent streets. Parking lot and wall mounted fixtures shall be directed at a 90 degree angle directly toward the ground. All lighting shall be developed to provide a minimum of one (1) footcandle of light coverage, in accordance with the City's Security Code. (1) 2.17 All construction operations, including engine warm-up and deliveries of materials and equipment, shall be subject to the provisions of the Tustin Noise Ordinance and shall take place only between the hours of 7:00 a.m. and 6:00 p.m., Monday through Friday, and between 9:00 a.m. and 5:00 p.m. on Saturday, unless otherwise determined by the Community Development Director and/or Building Official. (1) 2.18 Construction hours shall be clearly posted on the project site to the satisfaction of the Building Official. (2) 2.19 All construction activities shall comply with the requirements of the City of Tustin Grading Manual which requires frequent watering of the project site to control dust. (2) (2) 2.20 2.21 The applicant shall obtain all necessary approvals .form the Community Development Department, Orange County Fire Authority Hazardous Materials Disclosure Office, Orange County Health Care Agency and Occupational Safety Hazard Association (OSHA). The applicant shall provide the Community Development Director with a written statement of compliance from the Orange County Health Care Agency for the contaminated soil that existed due to the previous service station development. Exhibit A- Conditions of Approval Resolution No. 3664 CUP 98-007 & DR98-007 Page No. ~, USE RESTRICTIONS (1) 3.1 No other auto service use is permitted with the exception of the approved drive- through oil change facility. (1) 3.2 Service operations shall be performed entirely within the structure. No vehicle service shall take place in any parking space or drive aisle or partially protruding into a parking space, stacking area or drive aisle. (1) 3.3 Vehicle stacking in the public right, of-way shall be prohibited and any violation shall be subject to citation. The operator of the facility is responsible for ensuring compliance and preventing stacking from occurring in the public right-of-way. (1) 3.4 No outdoor storage or display of materials shall be permitted. (1) 3.5 Vending machines shall be located within the approved structure. Outdoor vending machines or activities are'prohibited. (1) 3.6 The storage of junk or permanently disabled or wrecked automobiles shall not be permitted. Used or discarded automotive parts or equipment shall not be located outside of the structure except within the designated trash storage area. No inoperative vehicles shall be permitted to be parked or stored on the site outside the building, including marked parking spaces. (1) 3.7 Storage or parking of buses and trucks or similar vehicles is prohibited. This excludes tow trucks, pick-up trucks, and small vans incidental to the service station use. (1) 3.8 Parking and advertising of vehicles for sale or lease is not permitted. (1) 3.9 Restrooms shall-be provided to the public at no cost and available during all hours of operation. The restrooms shall be maintained in a clean and sanitary condition. (1) 3.10 Provisions shall be made for the storage of used oil and lubricants pending recycling and approved by the Community Development Director. (1) 3.11 Exterior public address systems shall be prohibited. (1) 3.12 All requirements of the City's Noise Ordinance (Chapter 6 of the Tustin City Code) shall be met at all times. (1) 3.13 All litter shall be removed frOm the exterior areas of the premises, including adjacent public sidewalk areas, no less than once each day. Exhibit A - Conditions of Approval Resolution No. 3664 CUP 98-007 & DR98-007 Page No. 5 3.14 Public telephones on the property shall be located inside the building and modified to prevent incoming calls. No exterior pay phones are allowed. (2) 3.15 The installation and operation of the service bays shall be performed in accordance with the requirements of the South Coast Air Quality Management District. The applicant shall provide evidence to the Community Development Director of approval by the South Coast Air Quality Management District. (2) 3.16 The applicant shall be responsible for taking appropriate corrective action to address any surface contamination as required for any accidental spills, as required to the satisfaction of the Health Care Agency. (2) 3.17 The applicant shall be responsible for legally disposing of all motor oil and other hazardous substances in accordance to the requirements and satisfaction of the County Health Care Agency. PUBLIC WORKS DEPARTMENT (1) 4.1 The applicant shall enter into an agreement With the City of Tustin to continue to pursue a reciprocal, parking, circulation and access agreement with the property owner of the adjacent commercial center. The agreement shall require that when the revitalization of the adjacent center commences, a reciprocal parking, circulation and access agreement shall be obtained. The curb cuts along Newport and Old Irvine shall be eliminated and a more integrated parking and circulation pattern shall be designed and installed with the adjacent center. The costs 'associated with these improvements shall be borne by the applicant. The design of the revised circulation plan shall be submitted for review and approval by the Community Development Department and the Public Works Department. The applicant shall enter into this agreement with the City of Tustin prior to the issuance of the building permit. 4.2 A separate 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. Construction and/or replacement of any missing or damaged public improvements will be required adjacent to this development. Said plan shall include, but not be limited to the following: Curb and gutter; Sidewalk, including curb ramps for the physically disabled; Drive aprons; In addition, a 24" x 36" reproducible construction area traffic control plan, as. prepared by a California Registered Traffic Engineer or Civil Engineer experienced in this type of plan preparation will be required. (1) 4.3 Preparation of a sedimentation and erosion control plan for all work related to this development will be required. Exhibit A - Conditions of Approval Resolution No. 3664 CUP 98-007 & DR98-007 Page No. 6 (1) 4.4 (1) 4.5 (1) 4.6 (1) 4.7 (1) 4.8 (1) 4.9 Preparation and submittal of a final grading plan showing all pertinent elevations as they pertain to the public right-of-way along with delineating the following information: Final street elevations at key locations. Final pad/finished floor elevations and key elevations for all site grading. All pad elevations to be a minimum of 1.0 foot above base flood elevation as defined by FEMA. All flood hazards of record. Existing sewer, domestic water, reclaimed water and storm drain service laterals shall be utilized whenever possible. Any damage done to existing street improvements and utilities shall be repaired before issuance of a Certificate of Occupancy. Prior to any work in the public right-of-way, an Encroachment Permit must be obtained from and applicable fees paid to the Public Works Department. The federal Americans with Disabilities Act (ADA) requirements will need to be met at the drive aprons. This will require construction of a minimum four (4) foot wide sidewalk behind the drive apron. The maximum cross slope of the sidewalk shall be two percent and the maximum ramp slope of the drive apron shall be ten percent. This will require dedication of additional right-of-way 'to accommodate the sidewalk construction. A legal description and sketch of the dedication area, as prepared by a California Registered Civil Engineer and/or California Licensed Land Surveyor, shall be submitted to the Engineering Division for review and approval. This development shall comply with all applicable provisions of the City of Tustin Water Quality Ordinance and all federal, state, Regional Water Quality Control Board and Orange County Sanitation District rules and regulations as they relate to service station facilities. The plan shall be designed in accordance with, but not limited to, the following: Use a perimeter drain or slope pavement inward with drainage to sump; and, If a dead-end sump is not used to collect spills, an oil/water separator is to be installed; Spills can be contained within the service area either by using a perimeter drain or by sloping the pavement inward with drainage to a sump. Exhibit A - Conditions of Approval Resolution No. 3664 CUP 98-007 & DR98-007 Page No. '7 ORANGE COUNTY FIRE AUTHORITY (1) Prior to the issuance of any grading or building permitS, whichever occurs first, the applicant shall submit to the Fire Chief evidence of the on-site fire hydrant system and indicate whether it is public or private. If the system is private, the system shall be reviewed and approved by the Fire Chief prior to issuance of building permits. Provisions shall be made by the applicant for the repair and maintenance of the system, in a manner meeting the approval of the Fire Chief. (1) 5.2 Prior to the issuance of any grading or building permits, whichever occurs first, the applicant shall obtain approval of the Fire Chief of all fire protection access easements and shall dedicate them to the City. The approval of the Fire Chief is required for any modifications such as speed bumps, control gates or other changes within said easement. (1) 5.3 Prior to the issuance of any grading permits, the applicant shall submit and obtain approval of preliminary plans for all streets and courts, public or private, from the Fire Chief in consultation with the Manager, Traffic Engineering. The plans shall include the plan view, sectional view, and indicate the width of the street or court measured flow line to flow line. (1) 5.4 Prior to the issuance of any grading permits, the applicant shall submit and obtain approval from the Fire Chief for street improvement plans with fire lanes shown. The plans shall indicate the locations of red curbing and signage. A drawing of the proposed signage with the height, stroke and color of lettering and the contrasting background color shall be submitted to and approved by the Fire Chief. (1) 5.5 Prior to the issuance of the certificate of use and occupancy the approved fire lane marking plan shall be installed. (1) 5.6 Prior to approval of any use/site permits for site planning, issuance of any grading permits, or building permits, whichever occurs first, the applicant shall submit to the Fire Chief a list of the quantities of all hazardous, flammable and combustible materials, liquids or gases. These liquids and materials are to be classified according to the "Orange County Fire Authority Chemical Classification Handout". The submittal shall provide a summary sheet listing each hazard class, the total quantity of chemicals stored per. class and the total quantity of chemicals used in that class. All forms of materials are to be converted to units of measure in pounds, gallons, and cubic feet. (1) 5.7 Prior to the issuance of any building permits, an Orange County Fire Authority Water Availability Form shall be submitted to and approved by the Plan Review Section of the Orange County Fire Authority. If sufficient water to meet fire flow requirements is not available, an automatic fire extinguishing system shall be installed, in a manner meeting the approval of the Fire Chief. Exhibit A- Conditions of Approval Resolution No. 3664 CUP 98-007 & DR98-007 Page No. 8 (1) 5.8 Prior to the issuance of any building permits, the applicant shall contact the Orange County Fire Authority Hazardous Materials Disclosure Office at (714) 744-0463 to obtain a "Hazardous Materials Business Information and Chemical Inventory Packet". This shall be completed and submitted to the Fire Chief before the issuance of any building permits. (1) 5.9 Prior to the issuance of any certificates of use and occupancy, all fire hydrants shall have a "Blue Reflective Pavement Marker" indicating its location on the street or drive per the Orange County Fire Authority'Standard and approved by the Fire Chief. On private property, these markers are to be maintained in good condition by the property owner. (1) 5.10 Prior to the installation of the aboveground/underground tanks, plans shall be submitted to the Fire Chief for review and approval. FEES (1) 6,1 Prior to issuance of any building permits, payment shall be made of all applicable fees, including but not limited to the following. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. A. Building plan check and permit fees to the Community Development Department based on the most current schedule. B. Orange County Fire Authority plan check and inspection fees to the Community Development Department based upon the most current schedule. C, New development fees in the amount of $ 0.10 per square foot of floor area to the Community Development Department. D. Transportation System Improvement Program (TSIP), Benefit Area "A" fees in the amount of $ 5.53 per square foot of new or added gross square floor area of construction or improvements to the Community Development Department. E. Major Thoroughfare and Bridge Fees to the Tustin Public Works Department at.the time a building permit is issued. The current fee is $3.03/square feet of additional building area. S. H. School facilities fee to the Tustin Unified School District subject to any agreement reached and executed between the District and the applicant. Payment of the Orange County Sanitation District No. 7 Sewer Connection Fees at the time a building permit is issued. The current fee is $472/1000 square feet of building area (a credit for the existing building is applicable per County Sanitation District Ordinance No. 735). Exhibit A - Conditions of Approval Resolution No. 3664 CUP 98-007 & DR98-007 Page No. ~ (1,5) 6.2 (2) 6.3 Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a CASHIER'S CHECK payable to the COUNTY CLERK in the amount of $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. Within forty-eight (48) hours of approval of the subject project and prior to issuance of any building Permits, payment shall be made for preparation fees for the negative declaration in the amount of $125.00 (one hundred and twenty-five dollars) to enable the City to prepare 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. RESOLUTION NO. 99-34 ]0 ]3 ]4 ]5 ]? 20 22 24 25 26 2? 28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, CERTIFYING THE FINAL NEGATIVE DECLARATION AS ADEQUATE FOR CONDITIONAL USE PERMIT 98-007 AND DESIGN REVIEW 98-007 AND MITIGATION MEASURES HAVE BEEN INCORPORATED AS REQUIRED .BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. The City Council of the City of Tustin does hereby resolve as follows: I. The City Council finds and determines as follows: A. That Conditional Use Permit 98-007 and Design Review 98-007 are considered "projects" pursuant to the terms of the California Environmental Quality Act; and B, A Negative Declaration has been prepared for this project and has been distributed for public review. C, Whereas, the City Council of the City of Tustin has considered evidence presented by the Community Development Director and other interested parties with respect to the subject Negative Declaration. D, The City Council has evaluated the proposed final Negative Declaration and determined that the project is regulatory in nature and therefore, would not have a significant'effect on the environment. When individual applications are submitted for consideration, independent environmental review will occur. II. A Draft Negative Declaration has been completed in compliance with CEQA and state guidelines. The City Council has received and considered the information contained in the Negative Declaration prior to recommending approval of-the proposed project, and found that it adequately discussed the environmental effects of the proposed project. PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular meeting on the 3rd day of May, 1999. TRACY WILLS WORLEY Mayor PAMELA STOKER City Clerk ATTACHMENT D NEGATIVE DECLARATION and INITIAL STUDY COMMUNITY DEVELOPMENT DEPARTMENT 300 Centennial Way, Tustin, CA 92780 (714) 573-3100 NEGATIVE DECLARATION Project Title: CUP98-007 & DR98-007 Project Location: 12972 NEWPORT AVENUE Project Description: CONSTRUCTION OF A 1,541 sQUARE FOOT OIL CHANGE FACILITY Project Proponent: EZ LUBE Lead Agency Contact Person: LORI LUDI Telephone: (714) 573-3127 The Community Development Department has conducted an Initial Study for the above project in accordance with the City ofTustin's procedures regarding implementation of the California Environmental Quality Act, and on the basis of that study hereby finds: [--] That there is no substantial evidence that the project may have a significant effect on the environment. That potential significant effects were identified, but revisions have been included in the project plans' and agreed to by the applicant that would avoid or mitigate the effects to a point where clearly no significant effects would occur. Said Mitigation Measures are included in Attachment A of the Initial Study which is attached hereto and incorporated herein. . ij Therefore, the preparation of an Environmental Impact Report is not required. The Initial Study which provides the basis for this determination is attached and is on file at the Community Development Department, City of Tustin. The public is invited to comment on the appropriateness of this Negative Declaration during the review period, which begins with the public notice of Negative Declaration and 'extends for twenty (20) calendar days. Upon review by the Community Development Director, this review period may be extended if deemed necessary. REVIEW PERIOD ENDS 4:00 P.M. ON APRIL 19, 1999 'x--Elizabe~ A. Binsack 6/ Community Development Director COMMUNITY DEVELOPMENT DEPARTMENT 300 Centennial Way, Tustin, CA 92780 (714) 573-3100 INITIAL STUDY A. BACKGROUND Project Title: Conditional Use Permit 98-007 & Design Review 98-007 Lead Agency: City of Tustin 300 Centennial Way Tustin, California 92780 Lead Agency Contact Person: LOri Ludi Phone: (714) 573-3127 Project Location: 12972 Newport Avenue Project Sponsor's Name and Address: General Plan Designation: EZ Lube 1601 Dove Street, Suite 230 Newport Beach, CA 92660 Community Commercial Zoning Designation: Project Description: Retail Commercial (C-1) Construction of a 1,541 square foot oil change facili~ with 2 service bays and an indoor/outdoor waiting area. Surrounding Uses: North: Commercial South: Commercial East: Commercial West: Commercial Other public agencies whose approval is required: Orange County Fire Authority Orange County Health Care Agency South Coast Air Quality Management District Other [-~ City of Irvine [---] City of Santa Ana r-] Orange County EMA B. ENVIRONMENTAL YORS POTENTIALLY AFF[ b The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist in Section D below. [--]Land Use and Planning ~--]Population and Housing ['-[Geological PrOblems [--[Water [--]Air Quality [--]Transportation & Circulation [--]Biological Resources [~]Energy and Mineral Resources ['-"]Hazards [~qoise [--]Public Services [-]Utilities and Service Systems [-]Aesthetics [---]Cultural Resources [--]Recreation [--]Mandatory Findings of Significance C. DETERMINATION: On the basis of this initial evaluation: [--] I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. [~] I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. [~] I find that'the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. [--] I find that the proposed project MAY have a significant effect(s) on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applich~le legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects 1) have been analyzed adequately in an earlier EIR pursuant to applicable standards, and 2) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects 1) have been analyzed adequately in an earlier NEGATIVE DECLARATION pursuant to applicable standards, and 2) have been avoided or'mitigated pursuant to that earlier NEGATIVE DECLARATION, including revisions or mitigation mea~k~)res that are imposed upon the proposed project. Preparer: ,~~e~[ j~ ~ ~ Title / X'~.~~J/~c.ff~.~/~' . Date ---Elizabeth A. Binsack, Community Development Director 1) 2) 3) 4) 5) 6) 7) 8) 9) D. EVALUATION OF ENVIRO~ .. _~2NTAL IMPACTS Directions A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact"answer should be explained where it is based on project-specific factors and general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analYsis). All answers must take into account the whole action involved, including off-site, on-site, cumulative project level, indirect, direct, construction, and operational impacts. Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, and EIR is required. "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross- referenced). Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063 (c) (3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist we..r,e within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standar~ls, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to ~hich they address site-specific conditions for the project. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. Supporting Information Sources: A source lfst should be attached, and other sources used or individuals contacted should be cited in the discussion. This is only a suggested form, and lead agencies are free to use different formats; hoWever, lead agencies normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. The explanation of each issue should identify: a) the significance criteria or threshold, if any, used to evaluate each question; and, b) the mitigation measure identified, if any, to reduce the impact to less than significance. EVALUATION OF ENVIRONM[ ~ IMPACTS I. AESTHETICS- Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? II. AGRICULTURE RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? III. AIR QUALITY: Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or ol~struct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air qua!ity standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? Potentially Significant Impact Less Than Significant With Mitigation Incorporation Less Than Significant Impact No Impact [23 [23 [23 [23 [23 [23 [3 IV. BIOLOGICAL RESOURCES: - Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department offish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfer~ substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? V. CULTURAL RESOURCES: - Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in § 15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5? c) Directly or indirectly destroy a unique paleonfological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? Vl. GEOLOGY AND SOILS: - Would the project: a) Expose people or structures.to potential substantial adverse effects, including the risk of loss, injury, or death involving: Potentially Significant Impact s Than Significant With Mitigation Incorporation Less Than Significant Impact No hnpact i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? iii) Seismic-related ground failure, including liquefaction? iv) Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? VII. HAZARDS AND HAZARDOUS MATERIALS: Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) Por a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or wOrking in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? Potentially Significant Impact ,~ess Than Significant With Mitigation Incorporation Less Than Significant Impact No Impact [2] [2] [2] [3 g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? VIII. HYDROLOGY AND WATER QUALITY: - Would the project: a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-' existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the Course of a stream or river, orsubstantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? e) Create or contribute runoffwater which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff?. f) Otherwise substantially degrade water quality? g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year flood hazard area structures which would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? IX. LAND USE AND PLANNING - Would the project: Potentially Signi. ficant Impact $ Than Significant ~th Mitigation Incorporation Less Than Significant Impact No Impact [23 [23 a) Physically divide an established community? [~] ['-] [~ [~ b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? X. MINERAL RESOURCES- Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? XI. NOISE- Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles ora public airport or public use airport, would th6 project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excess noise levels? XII. POPULATION AND HOUSING - Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? Potentially Significant Impact Less Than Significant With Mitigation Incorporation Less Than Significant Impact No Impact [3 [3 [3 ID c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? Police protection? Schools? Parks.? Other public facilities? XIV. RECREATION- a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration oft he facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? XV. TRANSPORTATION/TRAFFIC - Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e. result in a substantial increase in either the number of vehicle trips, .the volume to capacity ratio on i'oads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, inclUding either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g., 'farm equipment)?- e) Result in inadequate emergency access? f) Result in inadequate parking capacity? Potentially Significant Impact s Than Significant With Mitigation Incorporation Less Than Significant Impact No Impact [3 [23 [23 [23 [23 0 0 0 0 0 0 g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? XVI. UTILITIES AND SERVICE SYSTEMS- Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a detenpination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? XVII. MANDATORY FINDINGS OF SIGNIFICANCE . a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limit, ed, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects which Will cause substantial adverse effects on human beings, either directly or indirectly? Potentially Significant Impact Less Than Significant With Mitigation Incorporation Less Than Significant Impact No Impact [3 [2] [2] [3 [2] [2] ATTACHMENT A EVALUATION OF ENVIRONMENTAL IMPACTS CONDITIONAL USE PERMIT 98-007 & DESIGN REVIEW 98-007 BACKGROUND The project site, an approximate .3 acre vacant parcel, is located at 12972 Newport Avenue, at the northeast comer of Newport Avenue and Old Irvine Blvd.. The area in which the project site is located is surrounded by developed retail and commercial uses. The project site is located in the Retail Commercial (C-l) Zoning District and the Town Center Redevelopment Project area. The proposed project involves the construction of a oil change facility owned and operated by EZ Lube, including the following: 1.) 2.) Construction of a 1,541 square foot, 2-bay drive through oil change facility with an indoor/outdoor waiting area that will service approximately 40 vehicles a day. Construction of landscape planters, trash enclosure and paved surface for circulation and parking. Design Review 98-007 is required to authorize site design, architecture and landscaping; Conditional Use Permit 98-007 is required to authorize the oil change facility. No other automotive repair or services are to be provided on the site. 1 AESTHETICS Items a & b - No Impact: nor does it affect a scenic vista. The project site is not located On a scenic highway Items c & d- Less Than Si~ificant with Mitieation Incorporation: The proposed project will establish a new building at a prominent intersection within the community. The building has been designed to complement the surrounding architectural styles of existing buildings within the commercial center across Newport Avenue. Over 30% of the site is proposed to be landscaping. Landscaping is required to be provided arOund the perimeter of the site and within the parking areas. Landscaping adjacent to the public right-of-ways is required to screen the view of the service bays, consistent with the Auto Service Guidelines. The landscape planter area adjacent to Newport Avenue is 20 feet wide and will be reduced to 10 feet in width after the dedication of 10 feet for the widening of Newport Avenue. Lighting on the site will be'required to be directed on-site to avoid glare on adjacent arterials 'and properties. 1.2 Mitigation Measures/Monitoring Required: 1.1 The applicant shall provide details of all proposed lighting fixtures and a photometric study showing the location and anticipated distribution pattern of light of all proposed fixtures. All new light fixtures shall be designed with the architecture of the building. All exterior lighting shall be designed and arranged as not to direct light or glare onto adjacent properties, including the adjacent streets. All lighting shall be developed to provide a minimum of one (1) footcandle of light coverage, in accordance with the City's Security Code. The site shall be landscaped consistent with the City's Landscaping and Irrigation Guidelines. Landscaping' shall consist of a combination of berming and sufficient numbers of shrubs and trees to provide adequate screening, subject to the satisfaction of the Commtmity Development Director. With the implementation of the mitigation measure and the conditions of approval, impacts related to aesthetics will be reduced to a level of insignificance. Sources: Project Application Tustin Security Code 2. AGRICULTURAL RESOURCES Items a,b & c - No Impact: The proposed project will be located within an area that is vacant and was previously developed with a services station. No impacts will occur to any agricultural uses or farmland. Mitigation Measures/Monitoring Required: None Required Sources: Tustin General Plan 3. AIR QUALITY Items a & b - Less Than Significant with Mitigation IncOrporation: With' respect to long-term air quality impacts, the proposed project involves the construction of a facility that is substantially similar to the service station that was previously' located at the site, however, no fuel will be dispensed. As such, no substantial increase in long- term emissions associated with stationary or mobile sources beyond the condition of the previous service station is anticipated. Minor short-term emissions of particulate matter may occur during grading. Short and long-term emissions associated with grading and the operation of the service bays are subject to regulation by the South Coast Air Quality Management District and the City of Tustin Grading Manual, which includes requirements for dust control. EZ Lube (Conditional Use Permit 98-007 & Design Review 98-007) Initial Study Attachment A Page 2 of 12 Mitigation Measures/Monitoring Required: 3.1 The installation and operation of service bays shall be performed in accordance with the requirements of the South Coast Air Quality Management District. The applicant shall provide evidence to the Director of Community Development of approval by the South Coast Air 'Quality Management District. 3.2 All construction activity shall comply with the requirements of the City of Tustin Grading Manual which requires frequent, watering of the project site to control dust. Items c.d & e- No Impact: The relatively small magnitude of the project does not have the capacity to create a net increase of any criteria pollutant, expose sensitive receptors to substantial pollutant concentrates, or create objectionable odors. With implementation of the above mitigation measures-and conditions of approVal that requires the applicant to conduct grading activities in compliance with the City of Tustin Grading Manual and obtain all necessary approvals and permits from the SCAQMI) and the City of Tustin, any potential impacts related to air quality will be reduced to a level of insignificance. Mitigation Measures/Monitoring Required: None Required S Ollrces: South Coast Air Quality Management District Rules & Regulations City of Tustin Grading Manual , ~; Project Application Field Inspection 4. BIOLOGICAL RESOURCES Items a, b, c, d, e & f- No Impact: The proposed project will be located within an area that is vacant and was previously developed with a services station. No impacts will occur to endangered, threatened or rare species or habitats, locally designated species or natural communities, or wildlife dispersal or migration corridors. Mitigation Measures/Monitoring Required: None Required Sources: Field Inspection Tustin General Plan EZ Lube (Conditional Use Permit 98-007 & Design Review 98-007) Initial Study Attachrnent A Page 3 of 12 5. CULTURAL RESOURCES Items a, b, c & d-No Impact: The proposed project involves construction of a drive through oil change facility on a site that is currently vacant, but was previously developed with a service station. No impacts to paleontological, archaeological, historical, religious resources, or disturbing of any human remains, will occur. Mitigation Measures/Monitoring Required: None Required Sources: Tustin General Plan 6. GEOLOGY & SOILS Items a-i, a-ii, a-iii & b - Less Than Significant with Mitigation Incorporation: The topography of the site is relatively flat and would require minor precise grading activity to prepare the site for new construction. Compliance with current codes will ensure that the design and construction of the proposed project reduces' any potential impacts related to fault ruptures, ground shaking, ground failure, liquefaction or unstable soils to a level of insignificance. Mitigation Measures/Monitoring Required: 6.1 All grading, drainage, vegetation and circulation shall comply with the City of Tustin Grading Manual. All construction activity shall comply with the Tustin Grading Manual which requires frequent watering of the project site to control dust. All street sections, curbs, gutters, sidewalks, lighting and storm drain shall comply with on-site improvement standards. Any deviations shall be brought to the attention of the Build~g Official and request for approval shall be sUbmitted in writing prior to any approval. Items a-iv, c, d & e- No Impact: The project site is not located within an area that is subject to seiche, tsunami, volcanic hazards, landslides, or mudflows, erosion, subsidence, or expansive soils. No unique geological or physical features are present within the area. With implementation of a condition of approval that requires the applicant to obtain all necessary approvals from the Community' Development Department, the project design and construction will reduce potential impacts to a level of insignificance. Sources: Tustin General Plan City of Tustin Grading Manual Uniform Building Code Project Application Field Evaluation EZ Lube (Conditional Use Permit 98-007 & Design Review 98-007) Initial Study Attachment A Page 4 of12' 7. HAZARDS & HAZARDOUS MATERIALS Items a & b - Less Than Simaificant with Mitigation Incorporation: Operation of the drive through oil change facility may expose customers and employees to petroleum products, motor oil and other automotive substances which are highly flammable and known to be carcinogen. The facility provides a service of disposing of automotive motor oil for the general public. This service may risk potential contamination and exposing employees and the general public to hazardous substances. Mitigation Measures/Monitoring Required: 7.1 The applicant shall obtain all necessary approvals from the Community Development Department, Orange County Fire Authority Hazardous Materials Disclosure Office, Orange County Health Care Agency and Oc6upational Safety Hazard Association (OSHA). 7.2 The applicant shall be responsible for taking appropriate' corrective action to address any surface contamination as required for any accidental spills as required to the satisfaction of the Health Care Agency. 7.3 The applicant shall be responsible for legally disposing of all motor oil and other hazardous substances in accordance to the requirements and 'satisfaction of the County Health Care Agency. 7.4 Prior to approval of any use/site permits for site planning, issuance of any grading permits, or building permits, whichever occurs first, the applicant shall submit to the Fire Chief a list of the quantities of all hazardous, flammable and combustible materials, liquids or gases. These'¢!iquids and materials are to be classified according to the "Orange County Fire Authority Chemical Classification Handout". The submittal shall provide a summary sheet listing each hazard class, the total quantity of chemicals stored per class and the total quantity of chemicals used in that class. All forms of materials are to be converted to units of measure in pounds, gallons, and cubic feet. 7.5 Prior to the issuance of any building permits, the applicant shall contact the Orange County Fire Authority Hazardous Materials Disclosure Office at (714) 744-0463 to obtain a "Hazardous Materials Business Information and Chemical Inventory Packet". This shall be completed and submitted to the Fire Chief before the issuance of any building permits. Item d- Less Than Significant Impact: The previous development on the vacant site was a service station that was demolished in 1995. After the demolition of the service station, the 'site was inspected by the County Health Care Agency for soil contamination. Contamination was found and the property owner was required to clean-up the site and remove and/or treat any contaminated areas on the site before EZ Lube (Conditional Use Permit 98-007 & Design Review 98-007) Initial Study Attachment A Page 5 of 12 any development on the site is permitted. In 1998 the County Health Care Agency re- inspected the site and found that the contaminated areas had been cleaned up and the site no longer has any contaminated soil. Mitigation Measure/Monitoring Required: 7.6 The applicant shall provide the Director of Community Development with a written statement of compliance from the Orange County Health Care Agency for the contaminated soil that existed due to the previous service station development. Items c, e, f, g & h- No Impact: The proposed project is more than a quarter of a mile of an existing or any proposed school sites. The project site is not located within a airport land use plan or within two miles of a Public or private airport. The proposed project does not interfere with any evacuation plans or emergency response plans. The project site is not within a wildland area, and ~vould not expose individuals or structures to the hazards of wildland fires. Mitigation Measures/Monitoring Required: None Required. Sources: Tustin General Plan Orange County Fire Authority Orange County Health Care Agency 8. HYDROLOGY & WATER QUALITY Item a- Less Than Si_~nificant with Mitigation' Incorporation: The impervious surface of the project will drain into the existing storm drain system. Since the proposed use will be an automotive use on the subject property, petroleum products, motor oil and other automotive substances may accidentally spill onto the impervious surfaces of the facility and drain into the system. However, a Water Quality Management Plan administered by the City of Tustin Public Works Department and the Regional Water Quality Control Board would be required to mitigate and minimize nmoff into the storm drain system. Any water deposited into the sanitary sewer system for treatment shall be in compliance with the Orange County Sanitation District requirements. Mitigation Measures/Monitoring Required: 8.1 All work shall comply with the City of Tustin Grading Manual. 8.2 This development shall comply with all applicable provisions of the City of Tustin Water Quality Ordinance and all federal, State, Regional Water Quality Control Board and Orange County Sanitation District rules and regulations as they relate to auto service facilities. The plan shall be designed in accordance with, but not limited to, the following: EZ Lube (Conditional Use Permit 98-007 & Design Review 98-.007) Initial Study Attachment A Page 6 of 12 · Use a perimeter drain or slope pavement inward with a drainage to sump; · If a dead-end sump is not used to collect spills, an oil/water separator shall be installed. · The service bays shall be designed to prevent the nm-off of spills. Spills can be contained within the site by either using a perimeter drain or. by sloping the pavement inward with drainage to a sump. In both cases, the drain shall be connected to the storm drain. Compliance with the above mitigation measures and conditions of approval will ensure that the design and construction reduces any potential impacts related to absorption rates, drainage patterns of surface runoff, or effect on the amount or quality'of surface or groundwaters to a level of insignificance. The project does not have the capacity to affect the direction of currents in surface waters or mount or quality of groundwaters. Items b, c, d, e, f', g, h, i & _i - No Impact: The project would not expose people or property to water related hazards such as flooding, change the course or direction of waters movements, or affect the quantity of groundwaters. Sources: Tustin General Plan City of Tustin Grading Manual Public Works Department Orange County Health Care Agency Project Application 9. LAND USE PLANNING .,... Items a. b & c - No Impact: The proposed project consists of constructing a drive through oil change facility with two service bays and an indoor/outdoor waiting area. The site is designated Community Commercial by the General Plan Land Use Map and is zoned Retail Commercial-Parking (C-1 P). Auto service stations, which include drive through oil change facilities, are permitted subject to the approval of a conditional use permit. As proposed, the location and design of the facility is consistent with the development standards of the C-1 P zoning district. The proposed project has been designed to provide a landscape buffer that screens the view of the pump islands, as recommended by the City's Auto Service Guidelines. The proposed project is similar to and compatible with other commercial uses in the vicinity and is located entirely within one parcel and will not divide or disrupt the area. The proposed project is not anticipated to .impact land use or planning. However, to fully, integrate the project site with redevelopment of the adjacent commercial center, a reciprocal parking, access and circulation agreement with the property owner of the adjacent center will be required to be pursued. EZ Lube (Conditional Use Permit 98-007 & Design Review 98-007) Initial Study Attachment A Page 7 of 12 Mitigation Measures: 9.1 The applicant shall enter into an agreement with the City of Tustin Public Works Department to continue to pursue a reciprocal parking, circulation and access agreement with the property owner of the adjacent commercial center. The agreement shall require that If and when the revitalization of the adjacent center commences, a reciprocal parking, circulation and access agreement shall be obtained. If and when the agreement is executed, the curb cuts along Newport and Old Irvine shall be eliminated and a more integrated parking and circulation pattern shall be designed and installed by the applicant with the adjacent center. The design of the revised circulation plan shall be submitted for review and approval by the Community Development Department and the Public Works Department. The applicant shall enter into this agreement with the Public Works Department prior to the issuance of the building permit. Sources: Tustin General Plan Tustin Zoning Code Project Application Field Evaluation 10. MINERAL RESOURCES Items a & b - No Impact: The construction and operation of the facility will not use nonrenewable resources in a wasteful or inefficient manner. There are no known' mineral resources located on the project site. Mitigation Measures/Monitoring Required: None Required Sources: Tustin General Plan 11. NOISE Item a, b, c & d - Less Than Si~nificant with Mitigation Incorporation: With respect to short-term noise impacts associated with construction, all construction will be required to conform to the Noise Ordinance and work may only be performed during permitted hours of construction. As such, short term noise impacts will be mitigated to a level of insignificance. No significant increase in long term noise impacts associated with generation of vehicular traffic is anticipated. Operations of the facility will be required to conform to the Noise Ordinance. Long-term operational noise will be reduced to a 16vel of insignificance through compliance with the Noise Ordinance. A requirement that all service activities shall be conducted within the structure of the service bays shall also make the noise level insignificant. EZ Lube (Conditional Use Permit 98-007 & Design Review 98-007) Initial Study Attachment A Page 8 of 12 Mitigation Measures/MOnitoring Required: 10.1 All construction operations, including engine warm-up and deliveries of materials and equipment, shall be subject to the provisions of the Tustin Noise Ordinance and shall take place only between the hours of 7:00 a.m. and 6:00 p.m., Monday through Friday, and between 9:00 a.m. and 5:00 p.m. on Saturday, unless otherwise determined by the Building Official/ 10.2 Construction hours shall be clearly posted on the project site to the satisfaction of the Building Official. 10.3 All operations related to the functioning of the facility shall be conducted in accordance with the Noise Ordinance. 10.4 All servicing of vehicles shall take place within the structure of the building. With implementation of the above mitigation measures and conditions of approval, potential noise impacts are reduced to a level of insignificance. Items e & f- No Impact: The project site is not located within an airport land use plan or within two miles of a public or private airport. Mitigation Measures/Monitoring Required: None Required. SOurCeS Tustin General Plan Noise Ordinance Project Application 12. POPULATION & HOUSING Items a, b & c - No Impact: The proposed project is located on a vacant site that previously was developed with a service station and surrounded by existing retail and commercial uses. The proposed project 'would not result in any direct increase in population nor induce substantial growth in the area. No impacts related to population or housing are anticipated. Mitigation Measures/Monitoring Required: None Required SOurCes: Tustin General Plan Project Application Field Evaluation EZ Lube (Conditional Use Permit 98-007 & Design Review 98-007,) Initial Study Attachment A Page 9 of 12 13. PUBLIC SERVICES Item a- No Impact: The project site and sun'ounding commercial properties are currently subject to fire and police protection. The proposed project to construct an auto service facility is similar to the auto service station facility that was demolished in 1995. No additional resources are required to maintain these existing service levels. The proposed project will not create additional'services related to maintenance of public facilities, including roads. Mitigation Measures/Monitoring Required: None Required Sources: Tustin Police Department Orange County Fire Authority Tustin Public Works Department 14. RECREATION Items a & b - No Impact: The proposed reconstruction of an existing service station would not affect existing facilities nor create a demand for recreational facilities. Mitigation Measures/Monitoring Required: None Required Sources: Tustin General Plan Project Application 15. TRANSPORTATION/TRAFFIC Item a - Less Than Sim~ificant Impact: The City's Traffic Engineer has reviewed the proposed project and found that the project, as compared to the vacant site, will result in an increase in traffic. However, the proposed project will not generate as much traffic as the previous service station that was demolished on the site in 1995. The proposed project will generate approximately 130 daily trips. A typical service station, similar to the previous development, generates approximately 1000 daily trips. The traffic generated from the previous service station development did not negatively effect the level of service for the adjacent arterials and intersections. Therefore, even with the increase of trips as compared to the vacant site, the proposed project is not anticipated to impact the planned level of service for the adjacent arterials and intersections. Mitigation Measures/Monitoring Required: monitoring required. No mitigation measures or Items b, c, d, e, f, & g- No Impact: A total of six (6) parking spaces are being provided consistent with the off-street parking standards within the Tustin City Code. The standard size parking spaces are located adjacent to the north property line and EZ Lube (Conditional Use Permit 98-007 & Design Review 98-007) Initial Study ,~ttachrnent ,~ Page 10 of 12 15.1 are accessible from a two-way drive aisle. The one handicap parking space is located adjacent to the south side of the building and accessible from a two-way drive aisle. No safety hazards or barriers for pedestrians, bicyclists or vehicles or conflicts with bus turnouts are proposed. Adequate access is provided from a driveway off of Newport Avenue and a driveway off of Old Irvine Blvd. Two existing drive aprons on Old Irvine Boulevard and on Newport Avenue, located near the comer of the intersection, will be removed with this project. Access shall be located further away fi.om the intersection to reduce any circulation impacts on the adjacent intersection. No on-site parking or circulation impacts are anticipated. However, to fully integrate the circulation of the project site with redevelopment of the adjacent commercial center, a reciprocal parking, access and circulation agreement with the property owner of the adjacent 'center will be required to be pursued. No rail, waterborne, or air transportation is affected by the proposed project. With the implementation of mitigation measure 9.1 and conditions of approval, potential traffic impacts are reduced to a level of insiguificance. In order to elevate any future circulation impacts the applicant shall continue to pursue obtaining a reciprocal parking, circulation, and access a~eement with the owner of the adjacent commercial center. Sources: Tustin General Plan Project Application Tustin Public Works/Traffic Engineer Mitigation Measures/Monitoring Required: (See Mitigation No. 9.1) Vehicle stacking in the public right-of-way shall be prohibited and any violation shall be subject to citation. The operator of the facility is resp?nsible for ensuring compliance and preventing stacking to occur in the 15_.u.'blic fight- of-way. 16. UTILITIES & SERVICE SYSTEMS Items a, b, c, d, e, f & g- No Impact: The proposed facility will be connected to existing utilities and service systems in the area. No substantial alterations to any utilities will be required. Sources: Tustin Public Works Department Field Inspection Mitigation Measures/Monitoring Required: None Required 17. MANDATORY FINDINGS OF SIGNIFICANCE Items a, b & c- No Impact: The proposed project is the construction of a drive through oil change facility on a lot that is currently vacant. The previous development on the site was a gas station which was demolished in 1995. The project EZ Lube (Conditional Use Permit 98-007 & Design Review 98-007) Initial Study Attachment A Page I 1 of 12 design, construction and operation will comply with the regulations of the Community Development Department, Air Quality Management District, and Orange County Fire Authority which reduces any potential impacts related to geological problems, water quality, air quality, hazards and noise to a level of insigmificance. As such, the project does not have the potential to degrade the quality of the environment nor achieve short-term environmental goals to the disadvantage of the long-term. It does not have impacts that are individually limited but cumulatively considerable or that would cause substantial adverse impacts on human beings. Sources: Project Application City and Agency Requirements Mitigation Measures/Monitoring Required: 17.1 Payment of the Transportation System Improvement Program (TSIP), Benefit Area "A" fees in the amount of $ 5.53 per square foot of new or added gross square floor area of construction or improvements will be submitted to the Community Development Department. The TSIP fees are intended to mitigate traffic impacts within the Benefit Areas. EZ Lube (Conditional Use Permit 98-007 & Design Review 98-007) Initial Study Attachment A Page 12 of 12 ATTACHMENT E PLANNING COMMISSION MARCH 2~, 1999 Report to the Planning Commission DATE: MARCH 22, 1999 SUBJECT: CONTINUED PUBLIC HEARING FOR CONDITIONAL USE PERMIT 98-007 & DESIGN REVIEW 98-007 APPLICANT: EZ LUBE MICHAEL J. DOBSON 1601 DOVE STREET, SUITE 230 NEWPORT BEACH, CA 92660 PROPERTY OWNER: KC/OB PARTNERS, LLC TIM O'BRIEN 425 30TM STREET, SUITE 14 NEWPORT BEACH, CA 92663 LOCATION' 12972 NEWPORT AVENUE ZONING: RETAIL COMMERCIAL DISTRICT (C-1); TOWN CENTER REDEVELOPMENT PROJECT AREA ENVIRONMENTAL STATUS: THIS PROJECT IS STATUTORILY EXEMPT PUIS, SUANT TO ,. SECTION 15270 (PROJECTS WHICH ARE DISAPPROVED) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. REQUEST: AUTHORIZATION TO CONSTRUCT A 1,541 SQUARE FOOT DRIVE-THROUGH OIL CHANGE FACILITY WITH TWO WORK BAYS AND INDOOR/OUTDOOR WAITING AREAS. RECOMMENDATION Pleasure of the Planning Commission. BACKGROUND AND DISCUSSION This is a continued item from the February 22, 1999 Planning Commission meeting. On October 26, 1998, the Planning Commission denied Conditional Use Permit (CUP) 98-007 and Design Review (DR) 98-007 (Attachment A). On November 2, 1998 the' applicant appealed the Planning Commission's decision. The applicant agreed to continue the appeal hearing before the City Council until January 19, 1999. On January 19, 1999, the City Council remanded the project back to the Planning Commission to review and Planning Commission Repot CUP 98-007 & DR 98-007 March 22, 1999 Page 2 consider a revised site plan that the applicant submitted at the City Council meeting. (Attachment B). A public hearing was scheduled for February 22, 1999, however, the applicant requested a continuance until the March 22, 1999 meeting of the Planning Commission. Site and Surroundinq Properties The site is vacant and surrounded by a chain link fence. A Mobile Service Station was located on the project site and vacated in December 1994. in March 1995, the service station was demolished. The parcel is an irregular, triangular shaped corner lot, which is less than .3 acres in size (13,188 square feet). The width of the street frontage on Newport Avenue is 140 feet and the width of the street frontage on Old Irvine Blvd. is 125 feet. The property is surrounded to the north and east by an existing commercial center. Across Newport Avenue to the west, is the Plaza Lafayette commercial center. Various commercial uses are located to the south of the project site. (See Location Map) As noted, the site is located in the Town Center Redevelopment Project area, which requires Design Review approval by the Zoning. Administrator. Since the project also includes a Conditional Use Permit request, which requires action by the Planning Commission, the Zoning Administrator referred the Design Review to the Planning Commission for concurrent consideration (TCC Section 9299b). DISCUSSION AND ANALYSIS Project Description The applicant is requesting approval to construct a "quicklube service" which is a drive- through oil change facility.' The proposed French architectural style' of the building is designed to complement the existing structures located within the adjacent "Plaza Lafayette". A 35-foot tower element is proposed on the south and west elevations of the building. The tower has a polygonal roof with eight sides. The eave line of the roof extends above the approximate 23-foot height of the main structure. A fiat brown roof tile is proposed. The exterior stucco walls are two-toned in a light and dark sand color. The dark sand color is located along the lower four feet of the building, creating a wainscot. The dark sand is also used on the stucco covered foam trim. Three wall signs and a monument sign are proposed. Two of the tree wall signs and the ' monument sign depict the "EZ Lube" name and logo. The third wall sign is above the service bays states, "fast oil change experts". The facility is proposed to be open Monday through Friday, 7:30 a.m. to 7:00 p.m., and Saturday and Sunday, 8:00 a.m. to 6:00 p.m. The applicant has indicated that the average'service takes 10 minutes per vehicle and each facility averages about 40 vehicles a day. Planning Commission F CUP 98-007 & DR 98-0U, March 22, 1999 Page 3 Revised Plans The apPlicant has revised their plans from the October 26, 1997, submittal in the following manner (See Revised Plan Submittal- ^ttachment C) ..:~;~:~:::....~,.;~:;:~...;,,t.:i:~.~:~::~.~!i:~i;~:~::,::, · "- ....m.~,l -" --~,~.,~'~,:~:~.,,,-~,~.,~.=k.~.,~,,~.~,~,~,. I :~'~:~;~'~;.'~;~.::,;~-:~';: ~ 2 't', '~;' ~" --' ' ·" · A 1,472 square foot building; · · Three-singlework bays and an · indoor/outdoorwaiting area; · Finial on the top of the tower element · exceeded the maximum height allowed by the Zoning Code; · Cabinet wall sign above the service · bays on the south elevation exceeding the maximum allowed size of 25 square feet for a secondary sign; · A building setback of 15 feet from the · right-of-way on Old Irvine and 12 feet from the future right-of-way on Newport; · No vehicular access around the building · and insufficientarea to accommodate vehicular turn-around; · A total of seven parking spaces. Three · standard spaces and one handicap space located on the Newport side and three standard size Spaces located on the Old Irvine side; · A 25-foot wide, 36-inch high landscape · berm located at the corner of the site; and, · A three-foot wide planter extending · along the rear property line. A 1,541 square foot building; Two-tandem work bays and an indoor/outdoorwaiting area; Finial on top of the tower element removed to comply with the 35-foot maximum height standard; Cabinet wall sign above the service bays on the south elevation is reduced to 20 square feet in size complying with the maximum size allowed by the sign code; The building setbacks are increased to 22-feet from the right-of-way on Old Irvine and 20-feet from the future right- of-way on Newport; Vehicular access around the building and enough area to accommodate vehicular turn-around;. ,: ... A total of six parking spaces, one standard space located on the Newport side and four standard size spaces and one handicap space on the Old Irvine side; A 31 ~ - foot wide, 36-inch high landscape berm is located on the corner of the site; and, A five-foot wide planter extending along the rear property line. Improvements to the Plan The proposed revisions to the plan increase the overall size of the building, however, the number of service bays are reduced from three to two. The work areas increase from three areas to four areas of tandem workspace within each service bay. The need for any discretionary review of a height variance or a sign.code exception is eliminated. Planning Commission Rep, CUP 98-007 & DR 98-007 March 22, 1999 Page 4 The building setback and dimensions have been altered to allow for a greater landscape buffer along Newport Avenue. Due to the future widening of Newport Avenue, the previous plan would have required the removal of the entire landscaped buffer along this right-of-way. The proposed landscape buffer along Newport Avenue is 20-feet wide. Therefore, when Newport Avenue is widened in the future, a 10-foot wide landscape buffer will still exist. Vehicular access around the building is provided to eliminate conflict between the stacking area and accessing the parking spaces. The previous plan provided no maneuverability around the building and insufficient area to accommodate vehicular turn-around. The proposed plan provides for access around the building and enough area to accommodate vehicular turn-around. · " The proposed site plan allows for access in and out of the off street parking spaces that does not interfere with the "stacking area". The "stacking area", within the previous plan interfered with patrons entering or exiting the parking spaces and created conflicts for patrons waiting for service. Outstanding Issues The Auto Service Design Guidelines describe the design and development preference order for auto services (Attachment D). The proposed site design is not in compliance with the Guidelines. In part, the Guidelines state that the facilities should be constructed... "On a comer lot designed so the service bays are odented away from public view? Due to the proposed orientation on this corner lot, the service bays are visible from public view from Newport Avenue and Old Irvine Blvd'¢ No feasible mitigation is available. The inadequate size and irregular shape 'of the lot and the paved area needed for site circulation, and parking still precludes screening of the service bays from public view. Therefore the site design is not in compliance with the statement that facilities should be constructed...,"On a lot where the toPography, vegetation, buildings, or other structures provide the greatest amount of screening of the service bays from public vieW' (Attachment 6, page 2). No feasible mitigation is available. The service bays, paved areas, parked vehicles and tall stucco walls will be visible over the landscaping and through the 30-foot wide driveway aprons. The inside of the service bays will be visible during closed hours due to the transparency of the glass and panel style doors. If the Planning Commission were to recommend approval of the project, staff recommends a condition be included to tint the glass of the service bay doors to block visibility into the service bays when they are closed. The proposed circulation pattern of the development is still not successfully integrated with the circulation pattern of the adjacent commercial center. A circulation pattern should be designed that improves the flow of traffic between the two sites. The applicant investigated the possibility of obtaining a reciprocal parking, circulation and Planning Commission CUP 98-007 & DR 98-0[.,. March 22, 1999 Page 5 access agreement with the property owner of the adjacent commercial center. The applicant indicated that the adjacent property owner is not desirous of participating in a reciprocal agreement. If the Planning Commission were to recommend approval of the project, staff recommends a condition to require the applicant to pursue a reciprocal parking, circulation and access agreement with the owner of the adjacent center, if and when the revitalization of the adjacent center commences. If an agreement were executed, the curb cuts along Newport could be eliminated and a more integrated parking and circulation pattern with the adjacent center could be obtained in the future. The site is located at a prominent intersection and is a major gateway into the City from the north. Any project on this site sets precedence and may preclude the orderly development on the adjacent commercial site. Development on this site 'should be integrated or at least complement any redevelopment of the older adjacent commercial center. A reciprocal access agreement could partially mitigate this issue. The revised plan depicts two work bays that allow two standard size vehicles to be serviced in each bay by parking two vehicles in tandem configuration. If the Planning Commission were to recommend approval of the project, staff recommends a condition to require that. any vehicle being serviced shall be located completely within the service bay structure. This would preclude vehicles'from extending beyond the service bays while being serviced. Staff recommends that the Planning Commission continue the public hearing and c~irect staff to prepare a resolution recommending approval with conditions or denial to the City Council for Planning Commission consideration at the next regularly scheduled meeting. L iA. Lu~.,,/ Associate Planner Elizabeth A. Binsack, Director, Community Development Attachments: Location Map A. Planning Commission Information B. City Council Appeal Information C. Revised Plan Submittal D. Auto Service Design Guidelines s:pcreport/cup98-0073-22LLdoc -Planning Commission Mir,...s March 22, 1999 Page 2 New Commissioner Tony Kawashima was sworn in and seated on the Commission. PUBLIC HEARINGS: . Conditional Use Permit 98-007 & Design Review 98-007 a request to construct a 1,541 square foot drive-through oil change facility with two work bays and indoor/outdoor waiting areas. The project is located at 12972 Newport Avenue within the Retail Commercial District (C-1); Town Center Redevelopment Project Area zoning district. APPLICANT: EZ LUBE MICHAEL J. DOBSON PROPERTY OWNER: KC/OB PARTNERS, LLC TIM O'BRIEN Recommendation That the Planning Commission review the revised plans for Conditional Use Permit 98-007 and Design Review 98-007 and direct staff to draft a resolution of recommendation to the City Council. The Public Hearing opened at 7:05 p.m. Lori Ludi, Associate Planner presented the subject report. Commissioner Davert asked if the propOsed curb cuts are the same as what is existing and noted that it is virtually impossible to build a drive-thru service bay that is completely invisible from the street and 'also asked how much stacking room there would be for cars. Lori Ludi responded affirmatively on the curb cuts and noted that the space provided is now curved and would allow 2 or 3 cars to stack. Commissioner Davert asked what would happen after the Newport Avenue improvements are completed. Lori Ludi responded that ten feet of the landscaped area would be removed which would leave approximately ten feet of landscaped area. Chairperson Pontious suggested reversing the direction to allow more stacking. Lori Ludi responded that if the direction were reversed, the main entrance would be from Old Irvine Boulevard and staff was trying to avoid left turns onto Old Irvine Boulevard. Planning Commission ,v,,nutes March 22, 1999 Page 3 Doug Anderson noted that the current configuration works best for street circulation. Commissioner Kawashima asked if all options had been considered to screen the bays. The Director responded that, given the configuration of the lot, the current layout is the best alternative and noted that if the Commission is considering a recommendation of approval, staff has talked with the applicant and they are amenable to closing the curb cuts in the future for a reciprocal development agreement. Lori Ludi noted that the Commission may impose a condition to tint the windows of the service bays. Commissioner Browne asked why the adjacent property owner was not willing to enter into a reciprocal access agreement. Commissioner Davert asked Doug Anderson if he had concerns about Saturday morning business stacking into Newport Avenue traffic lanes. Doug Anderson responded that Engineering has no concerns at this time but did with the previous bay configuration. Commissioner Davert asked staff if the project could be conditioned to prohibit blocking traffic. The Director responded affirmatively and noted that if there were a violation, the use permit could be revoked or a civil penalty levied. Chairperson Pontious suggested signage be added at the entrance. Mike Dobson, applicant, thanked staff for their hard work and noted that the project is greatly improved from the original proposal. Commissioner Davert asked the applicant if he would have a problem with a condition regarding stacking. Mike Dobson, applicant, responded that he had no problem with such a condition or a penalty. Commissioner Kawashima asked if the entryway on Newport Avenue would be sealed up if redevelopment were to occur on the adjacent property. Mike Dobson, applicant, stated that the Commission can condition his project to open a cross access between the centers if redevelopment were to occur and indicated on the plan the two driveways that would be. closed. The Public Hearing closed at 7:28 p.m. Planning Commission Mir,. March 22, 1999 Page 4 Commissioner Davert noted that he has been one of the harshest critics on this project in the past primarily due to the use but all of his concerns have now been addressed. Commissioner Browne stated his support for the project. Chairperson Pontious stated that the applicant's suggestion of a trellis might be a nice addition to the project. Commissioner Kawashima stated his concern with visibility and asked for the height of the bays. Mike Dobson, applicant, replied that the bays are approximately eighteen to twenty feet high. Chairperson Pontious stated her agreement with Commissioner Davert's comments regarding the use but the project is better than the original submittal. Commissioner Davert noted that he is comfortable that this project will not interfere with possible redevelopment at Old Irvine Boulevard. Commissioner Davert moved, Commissioner Browne seconded, to continue the item to the April 12, 1999 meeting to allow staff the opportunity to draft a resolution recommending approval to the City Council. Motion carried 4-0. 1 Conditional Use Permit 98-022 and Design Review 98-026 a request to establish a commercial parking lot in a 50' by 314' portion of an abandoned railroad right-of-way located on the vacant parcel to the north of 13031 Newport Avenue and to the west of 12901-12943 Newport Avenue in the multiple family residential (R-3) zoning district. APPLICANT: JACK STANALAND PLAZA LAFAYETTE, LLC OWNER: PLAZA LAFAYETTE, LLC Recommendation Adopt resolution 3662 approving Conditional Use Permit 98-022 and Design Review 98-026. The Public Hearing opened at 7:34 p.m. The Director recommended that the Planning CommisSion continue the public i~earing to the April 12, 1999 meeting. Although staff followed the legal requirements for posting, the site was not posted. ATTACH M ENT F PLANNING COMMISSION APRIL 12, 1999 Report to the Planning Commission DATE: APRIL 12, 1999 SUBJECT: CONTINUED PUBLIC HEARING FOR CONDITIONAL USE PERMIT 98-007 & DESIGN REVIEW 98~07 APPLICANT: EZ LUBE MICHAEL J. DOBSON 1601 DOVE STREET, SUITE 230 NEWPORT BEACH, CA 92660 PROPERTY OWNER: KC/OB PARTNERS, LLC TIM 'O'BRIEN 425 30TM STREET, SUITE 14 NEWPORT BEACH, CA 92663 LOCATION: 12972 NEWPORT AVENUE' ZONING: RETAIL COMMERCIAL DISTRICT (C-1); TOWN CENTER REDEVELOPMENT PROJECT AREA ENVIRONMENTAL STATUS: THIS PROJECT IS STATUTORILY EXEMPT' PURSUANT TO SECTION 15270 (PROJECTS WHICH ARE DISAPPROVED) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. REQUEST: AUTHORIZATION TO CONSTRUCT A 1,541 SQUARE FOOT DRIVE-THROUGH OIL CHANGE FACILITY WITH TWO WORK BAYS AND INDOOR/OUTDOOR WAITING AREAS. RECOMMENDATION That the Planning Commission adopt Resolution No. 3664 recommending that the City Council approve Conditional Use Permit 98-007 and Design Review 98-007; and, adopt approve Resolution No. 3666 recommending that the City Council certify the final Negative Declaration as required by the California Environmental Quality Act. BACKGROUND AND DISCUSSION This is a continued item from the March 22, 1999 Planning Commission meeting. On October 26, 1998, the Planning Commission denied Conditional Use Permit (CUP) 98-007 and Design Review (DR) 98-007 (Attachment A). On November 2, 1998 the applicant appealed the Planning Commission's decision. The applicant agreed to continue the Planning Commission R~ CUP 98-007 & DR 98-007 - April 12, 1999 Page 2 appeal hearing before the City Council until January 19, 1999. On January 19, 1999, the City Council remanded the project back to the Planning Commission to review and consider a revised site plan that the applicant submitted at the City Council meeting. (Attachment B). A public hearing was scheduled for February 22, 1999, however, the applicant and staff requested a continuance until the March 22, 1999 meeting of the Planning Commission. On March 22, 1999, the Planning Commission directed staff to prepare a resolution recommending approval to the City Council for Planning Commission consideration. Resolution No. 3664 is attached for the Planning Commission's consideration. Exhibit A of this resOlution includes conditions of approval that address the issues identified at the March 22 meeting. Generally, these conditions include: Requiring the applicant to continue pursuing a reciprocal parking, access and circulation agreement with the adjacent commercial center in the future and/or with any revitalization of this commercial center. · Prohibiting vehicle stacking in the public fight-of-way. · Requiring that servicing of vehicles be conducted entirely within building. Requiring the windows on the service bay doors to be tinted to obscure visibility into the building. Requiring a landscape plan to be submitted providing significant screening of the service bays. · Establishing civil penalties for violation of conditions. · Prohibiting other types of auto services other than the proposed drive-through oil change facility. · Standard conditions of approval from the Auto Service Guidelines. A draft negative declaration has been prepared for the Planning Commission's review and recommendation to the City Council (Attachment C). The public comment period will close Associate Planner Karen Peterson Acting Senior Planner Attachments: Location Map A. March 22, 1999 Planning Commission Staff Report B. Revised Plan Submittal C. Draft Negative Declaration Resolutions 3664 & 3666 17 2O 22 23 24 25 26 27 28 RESOLUTION.NO. 3664 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, RECOMMENDING THAT THE CITY COUNCIL APPROVE CONDITIONAL USE PERMIT 98-007 DESIGN REVIEW 98-007 AUTHORIZING A DRIVE-THROUGH OIL CHANGE FACILITY AT 12972 NEWPORT AVENUE. The Planning Commission does hereby resolve as follows: i. The Planning Commission finds and determines as follows: Ao That a proper application for Conditional Use Permit 98-007 and Design Review 98-007 was filed by EZ Lube to request authorization to construct a 1,541 square foot drive-through oil change facility with two work bays and indoor/outdoorwaiting areas on the property located at 12972 Newport Avenue, also described as Assessor's Parcel No. 501-081-05. Bo That the proposed use is allowed within the Retail Commercial District (C-1), with the approval of a Conditional Use Permit (TCC Section 9232). C. That a public hearing was duly called, noticed and held on said application and denied by the Planning Commission on October 26, 1998. The Planning Commission's decision was appealed to the City Council by the applicant on November 2, '1998. A public headng was duly called, noticed and held on December 7, 1998 and January 19, 1999 by'the City Council and remanded to the Planning Commission for review of revised plans. Do E. That a public hearing was duly called, noticed and held on said application on February 22, March 22, and April 12, 1999, by the Planning Commission. That the establishment, maintenance and operation of the uses 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 finding that, the proposed project, as conditioned, will not be injurious, detrimental to, or have a negative effect on surrounding properties in that: ' , The proposed project complements and provides a support service to existing or future uses allowed by' the' Zoning Code; 2. The scale, massing, and design of proposed structures is appropriate for the area; l0 14 20 22 2.4 2'7 28 Resolution No. 3664 CUP98-007 & DR98-007 Page 2 , As conditioned, the proposed site plan provides for sufficient vehicle ingress, egress, on-site maneuvering and parking; and, o There will be no on-site or off-site traffic impacts and no effect on the existing and planned level of service for adjacent arterials and intersections. Payment of Transportation System Improvement Program fees will be used to mitigate cumulative impacts on the transportation system. 5. The proposed landscaping will partially screen the view of the two service bays from the public right-of-way. F.' Pursuant to Section 9272 of the Tustin Municipal Code, the Commission finds that the location, size, architectural features and general appearance of Design Review 98-007, as conditioned, will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole. In making such findings, the Commission has considered at least the following items: 1. Height, bulk and area of buildings. 2. Setbacks and site planning. . o Exterior materials and colors. Type and pitch of roofs. 5. Size and spacing of windows, doors and other openings. o Towers, chimneys, roof structures, flagpoles, radio and television antennae. 7. Landscaping, parking area design and traffic circulation. 8. Location, height and standards of exterior illumination. o Location and appearance of equipment located outside of an enclosed structure. 10. · Location and method of refuse storage. 11. Physical relationship of proposed structures to existing structures in the neighborhood. 10 20 24 26 2?. 28 Resolution No. 3664 CUP98-007 & DR98-007 Page 3 12. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. 13. Proposed signage. 14¸. Development Guidelines and criteria as adopted by the City Council. Go A Negative Declaration has been prepared for this project in accordance with the provisions of the California Environmental Quality Act (CEQA) for final consideration by the City Council. Ho 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. Ii. The Planning Commission hereby recommends that the City Council approve Conditional Use Permit 98-007 and Design Review 98-007 to authorize construction of a 1,541 square foot drive-through oil change facility with two work bays and indoodoutdoorwaiting areas on the property located at 12972 Newport Avenue, subject to the conditions contained in Exhibit A, attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 12th day of April, 1999. ~, ,~ -~IZE~ i~ONTIOUS ~' Chairl:k~on ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 3664 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 12th day of April, 1999. ELIZABETH A. BINSACK Planning Commission Secretary (1) (1) (1) (1) (1) (1) GENERAL EXHIBIT A CONDITIONAL USE PERMIT (CUP) 98-007 AND DESIGN REVIEW (DR) 98-007 CONDITIONS OF APPROVAL RESOLUTION NO. 3664 1.1 1.2 The proposed project shall substantially conform with the submitted plans for the project date stamped April 12, 1999 on file with the Community Development Department, as herein modified, or unless otherwise indicated, as modified by the Community Development Director in accordance with this Exhibit. The Director may also approve subsequent minor modifications to. plans during plan check if such modifications are consistent with provisions of the Tustin City Code or other applicable regulations. 1.3 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 Development Department. 1.4 The subject project approval shall become null and void unless permits for the proposed project are issued and substantial construction is underway within eighteen (18) months of the date of this Exhibit. Time extensions may be considered if a written request is received by the Community Development Department within thirty (30) days prior to expiration. 1.5 Approval of CUP 98-007 and DR 98-007 is contingent upon the applicant and property owners signing and returning an "Agreement to Conditions Imposed" form as established by the Community Development Department. 1.6 (1) 1.7 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 of this project'. Any violation of any of the conditions imposed is subject to the imposition of a civil penalty of $100.00 for each violation and each day the violation exists. The applicant shall be responsible for costs associated with any necessary code enforcement action. PLAN SUBMITTAL (1) 2.1 When submitting for a building permit, submit four sets of plans, two sets of soils reports, structural and energy calculations, specifications and acoustical report. Electrical, mechanical and plumbing plans shall be included. (1) 2.2 Indicate on the title sheet the applicable codes, City Ordinances and the State and federal laws and regulations to include: SOURCE CODES (2) (3) (4) STANDARD CONDITION CEQA MITIGATION UNIFORM BUILDING CODE/S DESIGN REVIEW EXCEPTIONS (s) (6) (7) RESPONSIBLE AGENCY EQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY Exhibit A- Conditions of Approval Resolution No. 3664 CUP 98-007 & DR98-007 Page No. 2 (1) 2.3 (1) 2.4 (1) 2.s (1) 2.6 (1) 2.7 (1) 2.8 (1) 2.9 (1) 2.'10 (1) 2.11 1994 Uniform Building Code with California Amendments 1994 Uniform Mechanical Code with California Amendments 1994 Uniform Plumbing Code with California Amendments 1993 National Electrical Code with' California Amendments T-24 California Disabled Access Regulations ¥-24 California Energy Efficiency Standards City of Tustin Grading Ordinance City of Tustin Landscape and Irrigation Guidelines City of Tustin Pdvate Improvement Standards City of Tustin Security Ordinance Indicate on the plans the fire.protection rating of exterior walls and openings or where openings are not allowed per Table 5-A of the UBC. All grading, drainage, vegetation and circulation shall comply with the City of Tustin Grading Manual. Ail construction activity shall comply with the Tustin Grading Manual which requires frequent watering of the project site to control dust. All street sections, curbs, gutters, sidewalks, lighting and storm drain shall comply with on-site improvement standards. Any deviations shall be brought to the attention of the Building Official and request for approval shall be submitted in writing prior to any approval. Complete the hazardous material questionnaire and the air quality questionnaire and submit to the Building Division and the proper agencies. If.~,t. he answer to any of the questions .is "yes", clearances 'from the Hazardous Materials Disclosure Office and the South Coast Air Quality Management District shall be submitted to the Building Division prior to approval. Provide complete details for accessible paths of travel throughout the site, including pedestrian circulation from public right of way to the buildings and throughout the new structures including cashier counter and office space. Exterior walls within twenty (20) feet of property lines shall be one-hour fire rated and require a minimum of 30" high parapet in accordance with Uniform Building Code Section 709.4 and Table 5A. Trash enclosures shall comply with Great Western Reclamation and City of Tustin standards. Separate trash enclosures are required for each parcel. All parapets shall be at least six inches (6") above any roof mounted equipment, vents, and exhausts. The windows located in the service bay doors shall be tinted to obscure the view into the building. No exterior downspouts shall' be permitted on any facade of the building Which are visible from adjacent streets or residential/commercial areas. Exhibit A - Conditions of Approval Resolution No. 3664 CUP 98-007 & DR98-007 Page No. 3 (1) 2.12 (1) 2.13 (1) 2.14 (1) 2.15 (1) 2.16 (1) 2.17 (1) 2.18 (2) 2.19 (2) 2.20 (2) 2.21 Roof scuppers shall be installed with a special lip device so that overflow drainage will not stain the walls. Enclosure of electric and gas meters must be compatible with the building treatment. All exposed metal flashing or trim shall be anodized or painted compatible with main buildings. The site shall be landscaped consistent with the City's Landscaping and Irrigation Guidelines. Landscaping shall consist of a combination of berming and sufficient numbers of shrubs and trees to provide adequate screening, subject to the satisfaction of the Community Development Director. The applicant shall provide details of all proposed lighting fixtures and a photometric study showing the location and anticipated distribution pattern of light of all proposed fixtures. All new light fixtures shall be consistent with the architecture of the building. All exterior lighting shall be designed and arranged as not to direct light or glare onto adjacent properties, inclUding the adjacent streets. Parking lot and wall mounted fixtures shall be directed at a 90 degree angle directly toward the ground. All lighting shall be developed to provide a minimum of one (1) footcandle of light coverage, in accordance with the City's Security Code. All construction operations, including engine warm-up and deliveries of materials and equipment, shall be subject to the provisions of the Tustin Npise Ordinance and shall take place only between the hours of 7:00 a.m. and 6:0~ p.m., Monday through Friday, and between 9:00 a.m. and 5:00 p.m. on Saturday, unless otherwise determined by the Community Development Director and/or Building Official. Construction hours shall be clearly posted on the project site to the satisfaction of the Building Official. Ail construction activities shall comply with the requirements of the City of Tustin Grading Manual which requires frequent watering of the project site to control dust. The applicant shall' obtain ali necessary approvals form the Community Development Department, Orange County Fire Authority Hazardous Materials Disclosure Office, Orange County Health Care Agency and Occupational Safety ' Hazard Association (OSHA). The applicant shall provide the Community Development Director with a wdtten statement of compliance from the Orange County Health Care Agency for the contaminated soil that existed due to the previous service station development. Exhibit A - Conditions of Approval Resolution No. 3664 CUP 98-007 & DR98-007 Page No. 4 USE RESTRICTIONS (1) 3.1 No other auto service use is permitted with the exception of the approved drive- through oil change facility. (1) 3.2 Service operations shall be performed entirely within the structure. No vehicle service shall take place in any parking space or drive aisle or partially protruding into a parking space, stacking area or drive aisle. (1) 3.3 Vehicle stacking in the public right-of-way shall be prohibited and any violation shall be subject to citation. The operator of the facility is responsible for ensuring compliance and preventing stacking from occurring in the public right-of-way. (1) 3.4 No outdoor storage or display of materials shall be permitted. (1) 3.5 Vending machines shall be located within the approved structure. Outdoor vending machines or activities are prohibited. (1) 3.6 The storage of junk or permanently disabled or wrecked automobiles shall not be permitted. Used or discarded automotive parts or equipment shall not be located outside of the structure except within the designated trash storage area. No inoperative vehicles shall be permitted to be parked or stored on the site outside the building, including marked parking spaces. (1) 3.7 Storage or parking of buses and trucks or similar vehiCles is prohibited. This excludes tow trucks, pick-up trucks, and small vans incidental.:[~ the service station use. (1) 3.8 Parking and advertising of vehicles for sale or lease is not' permitted. (1) 3.9 Restrooms shall be provided to the public at no cost and available during all hours of operation. The reStrooms shall be maintained in a clean and sanitary condition. 3.10 Provisions shall be made for the storage of used oil and lubricants pending recycling and approved by the Community Development Director. (1) 3.11 Exterior public address systems shall be prohibited. (1) 3.12 All requirements of the City's Noise Ordinance (Chapter 6 of the Tustin City Code) shall be met at all times. 3.13 All litter shall be removed from the exterior areas of the premises, including adjacent public sidewalk'areas, no less than once each day. (1) 3.14 Public telephones on the property shall be located .inside the building and modified to prevent incoming calls. No exterior pay phones are allowed. Exhibit A- Conditions of Approval Resolution No. 3664 CUP 98-007 & DR98-007 Page No. 5 (2) 3.15 The installation and operation of the service bays shall be performed in accordance with the requirements of the South Coast Air Quality Management District. The .applicant shall provide evidence to the Community Development Director of approval by the South Coast Air Quality Management District. (2) 3.16 The applicant shall be responsible for taking appropriate corrective action to address any surface contamination as required for any accidental spills, as required to the satisfaction of the Health Care Agency. (2) 3.17 The applicant shall be responsible for legally disposing of all motor oil and other hazardous substances in accordance to the requirements and satisfaction of the County Health Care Agency. PUBLIC WORKS DEPARTMENT (1) 4.1 The applicant shall enter into an agreement with the-City of Tustin to continue to pursue a reciprocal parking, circulation and access agreement with the property owner of the adjacent commercial center. The agreement shall require that when the revitalization 'of the adjacent center commences, a reciprocal parking, circulation and access agreement shall be obtained. The curb cuts along Newport and Old Irvine shall be eliminated and a more integrated parking and circulation pa.ttern shall be designed and installed by the applicant with the adjacent center. The costs associated with these improvements shall be paid by the applicant. The design of the revised circulation plan shall be, submitted for review and approval by the Community Development Departmen~:~nd the Public Works Department. The applicant shall enter into this agreement with the City of Tustin prior to the issuance of the building permit. (1) 4.2 A separate 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. Construction and/or replacement of any missing or damaged public improvements will be required adjacent to this development. Said plan shall include, but not be limited to the following: Curb and gutter; Sidewalk, including curb ramps for the physically disabled; Drive aprons; In addition, a 24" x 36' reproducible construction area traffic control plan, as prepared by a California Registered Traffic Engineer or Civil Engineer experienced in this type of plan preparation will be required. (1) 4.3 Preparation of a sedimentation and erosion control plan for all work related to this development will be required. Exhibit A- Conditions of Approval Resolution No. 3664 CUP 98-007 & DR98-007 Page No. 6 (1) 4.4 Preparation and submittal of a final grading plan showing all pertinent elevations as they pertain to the public right-of-way along with delineating the following information: (1) (1) (1) (1) '4,5 4.6 4.7 4.8 4.9 Final street elevations at key locations. Final pad/finished floor elevations and key elevations for all site grading. · All pad elevations to be a minimum of 1.0 foot above base flood elevation as defined by FEMA. All flood hazards of record. Existing sewer, domestic water, reclaimed water and storm drain service laterals shall be utilized whenever possible. Any damage done to existing street improvements and utilities shall be repaired before issuance of a Certificate of Occupancy. Prior to any work in the public right-of-way, an Encroachment Permit must be obtained from and applicable fees paid to the Public Works Department. The federal Americans with Disabilities Act (ADA) requirements will need to be met at the drive aprons. This will require construction of a minimum four (4) foot wide sidewalk behind the drive apron. The maximum cross slope of the sidewalk shall be two percent and the maximum ramp slope of the drive apron shall be ten percent. This will require dedication of additional right-of-way to accommodate the sidewalk construction. A legal description and sketch of the dedication area, as prepared by a California Registered Civil Engineer and/or Cali:~0rnia Licensed Land Surveyor, shall be submitted to the Engineering Division for review and approval. This development shall comply with all applicable provisions of the City of Tustin Water Quality Ordinance and all federal, state, Regional Water Quality Control Board and Orange County Sanitation District rules ahd regulations as they relate to service station facilities. The plan shall be designed in accordance with, but not limited to, the following: Use a perimeter drain or slope pavement inward with drainage to sump; and, If a dead-end sump is not used to collect spills, an oil/water separator is to be installed; Spills can.be contained within the service area either by using a perimeter drain or by sloping the pavement inward with drainage toa sump. Exhibit A- Conditions of Approval Resolution No. 3664 CUP 98-007 & DR98-007 Page No. 7 ORANGE COUNTY FiRE AUTHORITY (1) 5.1 Pdor to the issuance of any grading or building permits, whichever occurs first, the applicant shall submit to the Fire Chief evidence of the on-site fire hydrant system and indicate whether it is public or private. If the system is private, the system shall be reviewed and approved by the Fire Chief prior to issuance of building permits. Provisions shall be made by the applicant for the repair and maintenance of the system, in a manner meeting the approval of the Fire Chief. (1) 5.2 Prior to the issuance of any grading or building permits, whichever occurs first, the applicant shall obtain approval of the Fire Chief of all fire protection access easements and shall dedicate them to the City. The approval of the Fire Chief is required for any modifications such as speed bumps, control gates or other changes within said easement. (1) 5.3 Prior to the issuance of any grading permits, the applicant shall submit and obtain approval of preliminary plans for all streets and courts, public or private, from the Fire Chief in consultation with the Manager, Traffic Engineering. The plans shall include the plan view, sectional view, and indicate the width of the street or court measured flow line to flow line. (1) 5.4 Prior to the issuance of any grading permits, the applicant shall submit and obtain approval from the Fire Chief for street improvement plans with fire lanes shown. The plans shall indicate the locations of red curbing and signage. A drawing of the proposed signage with the height, stroke and color of lettering and the contrasting background color shall be submitted to and approved by the Fire . Chief. 5.5 Prior to the issuance of the certificate of use and occupancy the approved fire lane marking plan shall be installed. 5.6 5.7 Prior to approval of any use/site permits for site planning, issuance of. any grading permits, or building permits, whichever occurs first, the applicant shall submit to the Fire Chief a list of the quantities of all hazardous, flammable and combustible materials, liquids or gases. These liquids and materials are to be classified according to the "Orange County Fire Authority Chemical Classification Handout". The submittal shall provide a summary sheet listing each hazard class, the total quantity of chemicals stored per class and the total quantity of chemicals used in that class. Ail forms of materials are to be converted to units of measure in pounds, gallons, and cubic feet. Prior to the issuance of any building permits, an Orange County Fire Authority Water Availability Form shall be submitted to and approved by the Plan Review Section of the Orange County Fire Authority. If sufficient water to meet fire flow requirements is not available, an automatic fire extinguishing system shall be installed, in a manner meeting the approval of the Fire Chief. Exhibit A- Conditions of Approval Resolution No. 3664 CUP 98-007 & DR98-007 Page No. 8 (1) s.s Prior to the issuance of any building permits, the applicant shall contact the Orange County Fire Authority Hazardous Materials Disclosure OffiCe at (714) 744-0463 to obtain a "Hazardous Materials Business InformatiOn and Chemical Inventory Packet". This shall be completed and submitted to the Fire Chief before the issuance of any building permits. (1) 5.9 Prior to the issuance of any certificates of use and occupancy, all fire hydrants shall have a "Blue Reflective Pavement Marker" indicating its location on the street or drive per the Orange County Fire Authority Standard and approved by the Fire Chief. On private property, these markers are to be maintained in good condition bythe property owner. (1) 5.10 Prior to the installation of the aboveground/underground tanks, plans shall be submitted to the Fire Chief for review and approval. .FEES (1) 6.1 Prior to issuance of any building permits, payment shall be made of all applicable fees, including but not limited to the following. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. A. Building plan check and permit fees to the Community Development Department based on the most current schedule. Bo Orange County Fire Authority plan check and inspectior) fees to the Community Development Department based upon the'}7~nost current schedule. C. New development fees in the amount of $ 0.10 per square foot of floor area to the Community Development Department. D. Transportation System Improvement Program (TSIP), Benefit Area "A" fees in the amount of $ 5.53 per square foot of new or added gross' square floor area of construction or improvements to the Community Development Department. Bo Major Thoroughfare and Bridge Fees to the Tustin. Public Works Department at the time a building Permit is issued. The current fee is $3.03/square feet of additional building area. O. School facilities fee to the Tustin Unified School District subject to any agreement reached and executed between the District and the applicant. H° Payment of .the Orange County Sanitation District No. 7 Sewer Connection Fees at the time a building permit is issued. The current fee is $472/1000 square feet of building area (a credit for the existing building is applicable per County Sanitation District Ordinance No. 735). Exhibit A- Conditions of Approval Resolution No. 3664 CUP 98-007 & DR98-007 Page No. 9 (1,5) 6.2 (2) 6.3 Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a CASHIER'S CHECK payable to the COUNTY CLERK in the amount of $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. Within forty-eight (48) hours of approval of the subject project and prior to issuance of any building permits, payment shall be made for preparation fees for the negative declaration in the amount of $125.00 (one hundred and twenty-five dollars) to .enable the City to prepare 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. RESOLUTION NO. 3666 ]0 12 13 14 ]5 20 21 23 2.4 26 27 28 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING THAT THE CiTY COUNCIL- CERTIFY THE FINAL NEGATIVE DECLARATION AS ADEQUATE FOR CONDITIONAL USE PERMIT 98-007 AND DESIGN REVIEW 98-007 AND ALL FEASIBLE MITIGATION MEASURES HAVE BEEN INCORPORATED AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. The Planning Commission of the City of Tustin does hereby resolve as follows: !. - The Planning Commission finds and determines as follows: Ao That Conditional Use Permit 98-007 and Design Review 98-007 are considered "projects" pursuant to the terms of the California Environmental Quality Act; and Bo A Negative Declaration has been prepared for t~is project and has been distributed for public review. C. Whereas, the Planning Commission of the City of Tustin has considered evidence presented by the Community Development Director and other interested parties with respect to the subject Negative Declaration. I1. D. The Planning Commission has evaluated the proposed final Negative Declaration and determined that the project is regulatory in nature and therefore, would not have a significant effect on the environment. When individual applications are submitted for consideration, independent environmental review will occur. A Draft Negative Declaration has been completed in compliance with CEQA and state guidelines. The Planning Commission has received and considered the information contained in the Negative Declaration pdor to recommending approval of the 'proposed project, and found that it adequately discussed the environmental effects of the proposed project. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 12th day of April, 1999. ELIZABETH A. BINS,~CK Planning Commission Secretary ,/LE~I~E ~. PONTiOUS Chairp"e'rson l0 l? 20 22 24 2? · STATE OF CALIFORNIA) COUNTYOF ORANGE ) CiTY OF TUSTIN ) I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 3666 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 12th day of April, 1999. ,/ELIZABETFf~ BINSACK ' Planning Commission Secretary MINUTES TUSTIN PLANNING COMMISSION REGULAR MEETING APRIL 12, 1999 CALL TO ORDER: 7:00 p.m., City Council Chambers PLEDGE OF ALLEGIANCE: Commissioner Davert INVOCATION' Commissioner. Browne ROLL CALL: Commissioners: Chairperson Pontious, and Kozak Browne, Davert, Kawashima Present: Vice Chair Kozak Browne Davert Kawashima Absent: Chairperson Pontious Staff: Elizabeth A. Binsack, Director of Community Development Karen Peterson, Acting Senior Planner Lois Bobak, Deputy City Attorney Justina Willkom, Associate Planner Lori Ludi, Associate Planner Minoo Ashabi, Assistant Planner Doug Anderson, Senior Project Manager- Transportation Kathy Martin, Recording Secretary PUBLIC CONCERNS: (Limited to 3 minutes per person for items not on the agenda.) CONSENT CALENDAR: MinUtes of the March 22, 1999 Planning commission Meeting. Commissioner Davert moved, Commissioner Kawashima seconded, to approve the minutes. Vice Chair Kozak abstained due to his absence at the March 22, 1999 meeting. Motion carried 3-0. m Continued Public Hearing for Conditional Use Permit 98-007 & Design Review 98-007 a request to construct a 1,541 square foot drive-through oil change facility with two work bays and indoor/outdoor waiting areas. The project is located at 12972 Newport Avenue within the Retail Commercial District C-1 zone, Town Center Redevelopment Project Area. Planning Commission ,v,,nutes April 12, 1999 Page 2 APPLICANT: EZ LUBE MICHAEL J. DOBSON PROPERTY OWNER: KC/OB PARTNERS, LLC TIM O'BRIEN Recommendation That the Planning Commission adopt Resolution No. 3664 recommending that the City Council approve Conditional Use Permit 98-007 and Design Review 98-007. Vice Chair Kozak complimented staff and the applicant for their work on the EZ Lube project. Commissioner Davert moved, Commissioner Kawashima seconded, to adopt Resolution No. 3664 recommending that the City Council approve Conditional Use Permit 98-007 and Design Review 98-007. Motion carried 4-0. PUBLIC HEARINGS: 3. Continued Public Hearing: Conditional Use Permit 98-022 and Design Review 98-026 a request to establish a commercial parking lot in a 50' by 314' portion of an abandoned railroad right-of-way. The project is located at a vacant parcel to the north of 13031 Newport Avenue and to the west of 12901-12943 Newport Avenue in the Multiple Family Residential (R-3) zoning district. APPLICANT: JACK STANALAND PLAZA LAFAYETTE, LLC OWNER: PLAZA LAFAYETTE, LLC Recommendation That the Planning Commission adopt Resolution No. 3662 approving Conditional Use Permit 98-022 and Design Review 98-026. Justina Willkom presented the subject report. The Public Hearing opened at 7:06 p.m. Jack Stanaland, applicant, stated that he did not believe the proposed trail was a good idea and noted his disagreement with the following items: Resolution item 1.D.3 in that the additional parking spaces should count towards the required parking for the center; Condition 2.1 the wall should be 6' 8" from the parking lot grade; 2.11 security issues can be handled by signage and occasional patrols as opposed to hiring security personnel; ATTACHMENT G PLANNING COMMISSION OCTOBER 26, 1998 Report to the Planning Commission DATE: OCTOBER 26, 1998 SUBJECT: CONDITIONAL USE PERMIT 98-007 & DESIGN REVIEW 98-007 APPLICANT: EZ LUBE MICHAEL J. DOBSON 1601 DOVE STREET, SUITE 230 NEWPORT BEACH, CA 92660 PROPERTY OWNER: KC/OB PARTNERS, LLC TIM O'BRIEN 425 30TM STREET, SUITE 14 NEWPORT BEACH, CA 92663 LOCATION: 12972 NEWPORT AVENUE ZONING: RETAIL COMMERCIAL DISTRICT (C-1); TOWN CENTER REDEVELOPMENT PROJECT AREA ENVIRONMENTAL STATUS: THIS PROJECT IS STATUTORILY EXEMPT PURSUANT TO SECTION 15270 (PROJECTS WHICH ARE DISAP,P. ROVED) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. REQUEST: AUTHORIZATION TO CONSTRUCT A 1,472 SQUARE FOOT DRIVE-THROUGH OIL CHANGE FACILITY WITH THREE WORK BAYS AND INDOOR/OUTDOOR WAITING AREAS. RECOMMENDATION That the Planning Commission adopt Resolution No. 3623 denying Conditional Use Permit 98-007 and Design Review 98-007. PROJECT DESCRIPTION The applicant is requesting approval to construct a "quicklube service" which is a drive- through oil change facility. The oil change facility includes the following improvements: v' Construction of a 1,472 square foot building with three work bayS and indoor/outdoor waiting area. an Planning Commission Rup CUP 98-007 & DR 98-007 October 26, 1998 Page 2 The proposed French architectural style of the building is designed to complement the existing structures located within the adjacent "Plaza Lafayette". The architect has provided an altemative Italian Mediterranean style. (Attachment B) However, there 'are no other similar architectural styles within the area. The French architectural style includes the following elements: A 35-foot tower is' proposed on the south and east elevations of the building. The tower, has a polygonal roof with eight sides. The eave line of this roof extends above the main structure's mansard roof. The height of the main portion of the building, which includes the work bays is 24- feet. The proposed roof material is a fiat tile material made by "Lifetile" in a brown color. The elevations illustrate a finial on the top of the tower element. The exterior stucco walls are two-toned in a light and dark sand color. The dark sand color is located along the lower four feet of the building, creating a wainscot. The dark sand color is also used on the stucco covered foam trim. · The service bay doors are a glass and panel style. · " Three Wall signs and a monument sign are proposed. Two of the three wall signs and the monument sign depict the "EZ Lube" name and logo: The third wail'sign states "fast oil change experts". ~ '.r., Two intemally illuminated channel letter wall signs are proposed on the tower element's south and west elevations. The color of the copy is blue and the proposed logo is red. The size of the west elevation sign is approximately 42 square feet and the south elevation sign is approximately 24 square feet. The third wall sign is a 35 square foot intemally illuminated cabinet and is located above the service bays on the south elevation. The copy color is blue with a white background. A six-foot high, 32 square foot monument sign is located in f~ont of the west elevation at the comer of the intersection. The cabinet sign is 4' X 8' with a two-foot base. The colors are consistent with the wall signs.' ,," 'The rectangular building is proposed to be located in the middle of the lot, setback 15 feet from the right-of-way on Old Irvine Blvd. and 12 feet from the future right-of-way on Newport Avenue. The future right-of-way line is in anticipation of the City's future Planning Commission CUP 98-007 & DR 98-0u~' October 26, 1998 Page 3 project to widen Newport Avenue. The setbacks and right-of-way lines are illustrated on the site plan. (Attachment B) Seven parking spaces are provided on both sides of the lot. Three standard spaces and one handicap space are located on the Newport side of the lot and three standard size spaces are located on the Old Irvine side. A 36-inch high landscape berm is proposed at the corner of the site. A minimum 10- foot wide landscape area extends along the streetsides of the lot,.with the exception of the driveway aprons. A three-foot wide planter is proposed to extend along the rear property line. The planter physically separates the site from the adjacent, commercial center. Two 30-foot curb cuts are proposed on the site providing access from Newport Avenue and Old Irvine Blvd: Entrance to the site can only be accessed on Newport Avenue. Exiting the site is permitted on Newport Avenue and Old Irvine Blvd. The Old Irvine access has been made an exit only. To traverse from the Newport Avenue side of the lot to the Old Irvine side, a vehicle must pass through the service bay. There is no other altemative vehicular route around the building. A vehicle must use one of the parking spaces as a rum-around to exit the site on the Newport Avenue side of the lot. Site and Surrounding Properties ., The site is currently vacant and surrounded by a chain link fence. A Mobile Service Station was previously located on the project site and was vacated in December 1994. In March 1995, the service station was demolished. Since then the property has remained vacant. The parcel is located on an irregular shaped comer lot, which is less than .3 acres in size (13,188 square feet). The width of the street frontage on Newport Avenue is 140 feet and the width of the street frontage on Old Irvine Blvd. is 125 feet. The rear property line diagonally connects the two adjacent corners of the site together, creating a triangular shape. The property is zoned Retail Commercial (C-1). The property is surrounded to the north and east by an existing commercial center. Across Newport Avenue to the west, is the "Plaza Lafayette" commercial center. Various commercial uses are located to the south of the project site. Planning Commission Rel: CUP 98-007 & DR 98-007 October 26~ 1998 Page 4 APPROVAL CRITERIA The discretionary actions requested in consideration of the project include the following: 1. CUP 98-007 to authorize the establishment of an auto service station (TCC Sections 9233c(c); . Design Review 98-007 to authorize site design, architecture, landscaping and other site amenities of the project (TCC Section 9272). The project has als° been reviewed for conformance with the City Council's adopted ordinances, design guidelines and plans for:. Auto Service Design Guidelines; Parking Area Design Guidelines; Landscaping and Irrigation Guidelines; The City of Tustin Sign Code; and The Town Center Redevelopment Plan. As noted, the site is located in the Town Center Redevelopment Project area, whiCh requires Design Review approval by the Zoning Administrator. Since the project also includes a Conditional Use Permit request, which requires action by the Planning Commission, the Zoning Administrator has referred the Design Review to the Planning Commission for concurrent consideration (TCC Section 9299b). . ~ "i~ DISCUSSION AND ANALYSIS The discussion that follows includes detailed analyses of the proposed project, and applicability with all City Codes, the City's Design Guidelines and the Redevelopment Plan. The discussion of the pdmary areas of concern have been separated as follows: the site plan and development standards; circulation, parking, and access; landscaping; architecture and signs, and, operational characteristics. Site Plan and Development Standards The Auto Service Design Guidelines was adopted by Council in .August 1998, to regulate the development of all auto service facilities, such as ddve through oil change facilities, car washes, service stations, etc. The Auto Service Design Guidelines, the "Site Design Order of Preference", describes the design and development preference order for auto services. (Attachment 4) The proposed site design is not in compliance with the specifications stated in the "Site Design Order of Preference" in the Auto Service Design Guidelines. In part, the Auto Service Design Guidelines state that the facilities should be constructed..."On a comer lot designed so the service bays are oriented away from public view. Due to the proposed orientation on this Planning Commissior ~ort CUP 98-007 & DR 98-,,.~/' October 26, 1998 P. age 5 corner lot, the service bays are visible from public view from Newport Avenue and Old Irvine Blvd. The applicant has provided written documentation demonstrating efforts in designing the facility with the service bays oriented toward the interior of the property and screened from public view, in accordance with the "Site Design Order of Preference". This written documentation is required in accordance with the Auto Service Design Guidelines. The applicant has provided two letters addressing this issue. (Attachments 5 and 6) In the letter dated October 1, 1998, the applicant addresses the proposed orientation by stating: "Afl quicklubes are drive thru facilities, therefore it would be impossible to layout the site plan where the bays would not be visible from the street...Through a combination of landscaping and screen walls we have'accomplished this (screening the service bays from the street)." in a recent letter dated October 18, 1998, also attached, the applicant has listed their efforts to screen the bays from public view. "1. The building was angled to screen the bays from public view. At the current angle the bays are effectively screened from view from the main view of Newport Ave... 2. A lush landscape buffer (park) was installed to provide additional screening of the bays. The site requires 15% landscaping and we are propos!~g 25%... . ~; 3. A landscape berm at the comer is being proposed as an additional effort to screen the bays from public view. 4. A 3-foot high landscape wall along Newport Avenue and another screen wall along irvine Avenue were added as an additional screening method. 5. Furthermore, we located the theme toward the waiting area. towards the intersection to further screen the bays, . All other areas other than the circulation driveways consist of decorative paving or landscaping. We reduced the width of the driveways to incorporate more landscaping in front towards the sidewalk': The inadequate size and irregular shape of the lot and the paved area needed for site circulation, parking and landscaping precludes screening of the service bays from public view. Therefore the site design is not in compliance with the statement that facilities should be constructed...,"On a lot where the topography, vegetation, buildings, or other structures provide the greatest 'amount of screening of the service bays from public view." (Attachment 4, page 2) Planning Commission Re[' CUP 98-007 & DR 98-007 October 26, 1998 Page 6 The service bays, paved areas, parked vehicles and tall stucco walls will be visible over the landscaping and through the 30-foot wide driveway aprons. The future widening of Newport Avenue will remove approximately 10 feet from the Newport Avenue frontage. Without any screening from the street, the insides of the service bays will be visible dudng closed hours, because of the visibility through the glass and panel style doors. The loss of landscaping after the street widening on the Newport frontage will create a hard appearance of asphalt, sidewalk, stucco walls, concrete pavement, parked vehicles and visible service bays. Circulation, Parking & Access The City's Traffic Engineer has reviewed the proposed development and determined that the proposed circulation pattem of the development is not successfully integrated with the circulation pattem of the adjacent commercial center. A circulation pattern should be designed that improves the flow of traffic between the two sites. It was suggested that the applicant investigate obtaining a reciprocal parking, circulation and access agreement with the property owner of the adjacent commercial center. The adjacent property owner is not desireous of participating in a reciprocal agreement. However, to date the applicant has not been able to provide a site plan that does not negatively impact the adjacent site. Since it is likely that this can not be accomplished, it indicates that the site is inadequate in size and an inappropriate location for the proposed development. The configuration of the proposed site plan presents circulation and parking conflicts. Patrons waiting for service in the "stacking area", conflict with patrons ent.e...dng or exiting the parking spaces. The ingress and egress to the seven parking spaces i:/rovided would not be possible if there were more than two vehicles waiting behind or in front of the service bays. The internal circulation on the site does not comply with the Auto Service Design Guidelines, which states, "That traffic flow and Stacking room shall be provided to. preclude interference with intemai parking and off-site traffic circulation." (Attachment 4, page 4) The circulation pattern is awkward in' that there is no maneuverability around the building to exit or sufficient area to accommodate a vehicular tum-around. If the parking spaces were occupied and there were vehicles waiting behind the service bays, a vehicle that was waiting for service or entering the facility that decides to leave, would not be able to turn around to exit. This may constitute a safety hazard for egress or ingress of an emergency vehicle requiring access to a vehicle or structure. This is inconsistent with the Auto Service Design Guidelines, which states, "All paved areas should be designed to accommodate any anticipated circulation pattems." (Attachment 4, page 3) Due to the number of curb cuts along Newport Avenue and Old Irvine Blvd, the site access and circulation is not efficiently designed. The Auto Service Design Guidelines state: "That driveway cuts should be limited to one per street frontage or as otherwise determined by the Engineering Division. When possible shared access between properties shall be provided". (Attachment 4, page 3) Although the applicant only Planning Commissior. CUP 98-007 & DR 98-uu/' October 26, 1998 Page 7 orr proposes one driveway per street frontage shown, the driveways are within 30 feet of driveways servicing the adjacent center on Newport and Old Irvine. The City Traffic Engineer has shared this concem with the applicant, in that numerous driveway cuts can cause confusion and hesitation as to the proper site access, which may lead to traffic accidents. Landscaping The future widening of Newport Avenue would remove all landscaping along Newport. The minor vegetative buffer proposed along.Newport would eventually be eliminated. This is not in compliance with the Auto Service Design Guidelines, which requires landscaping on all street fronts, setback areas, and along property lines and a minimum of 15 percent of the site must be landscaped. Also, "a vegetative buffer between the structures and the street front" (page 3, Auto Service Design Guidelines), is required in accordance with the Auto Service Design Guidelines. The applicant was requested to provide detailed landscape plans depicting the size and species of the proposed plant materials for the landscaped areas. However, the plant material schedule was not provided. Architecture & Signs The site is located at a prominent intersection within the Town Center Redevelopment Area and is a major gateway into the City from the north. With such a prominent location, the site plan, architectural design, building mass, design details, architectural form and site amenities are very important to the image and appearance of the commun, i.ty. Any project on this site sets precedence and may preclude the ordedy development 6n the adjacent commercial site. Development on this site should be integrated or at least complement any redeVelopment of the older adjacent commercial center. In addition to analyzing compatibility with the Auto Service Design Guidelines, the project has also been analyzed for compliance with the Tustin City Code. The following inconsistencies were determined: The proposed finial on top of the tower element of the building appears as if it exceeds the maximum height allowed by the Zoning Code. The plans do not indicate any details regarding the height, design, color, or material or the proposed finial. Deviation of the maximum height standard requires a variance. No application for a variance was submitted. The 35 square foot cabinet wall sign, located above the service bays on the south elevation, exceeds the maximum allowed size of 25 square feet for a secondary sign. · This is a violation of the Sign Code, which would require a sign code. No application for a sign code exception was submitted. Planning Commission CUP 98-007 & DR 98-007 October 26, 1998 Page 8 Operational Characteristics The facility is proposed to be open Monday- Friday 7:30 a.m. to 7:00 p.m. and Saturday and Sunday 8:00 a.m. to 6:00 p.m. The applicant has indicated that the average service takes 10 minutes per vehicle and each facility averages about 40 vehicles a day. The accuracy of this information is questionable due to the fact that the facility is open 12¼ hours on a weekday, and only servicing 40 vehicles, at 10 minutes a vehicle, within three service bays. This means there is ten hours within the day that no vehicles are being serviced. ENVIRONMENTAL DOCUMENTATION No environmental analysis has been prepared. Projects that are rejected or disapproved are exempt from review pursuant to Section 15270 of the California Environmental Quality Act. FINDINGS A decision to deny the Conditional Use Permit request can be supported by the following findings: The circumstances of the proposed establishment, maintenance, and operation of the uses applied for, would be detrimental to the health safety, morals, comfoj't, or general welfare of the persons residing or working in the surrounding neighborh(~k:~"d and that it would be injurious, detrimental to, resulting in a negative effect on properties and · improvements in the surrounding neighborhood, and also negatively effect the general welfare of the City, in that: 1. The site shape, size and design is not adequate to accommodate circulation patterns, thereby creating a negative effect on the safety of individuals and is not in compliance with the Auto Service Design Guidelines, adopted by City Council, in the following manner. · The number of curb cuts along Newport Avenue and Old Irvine Blvd. would create a traffic safety hazard. The inability to turn a vehicle around in the stacking area behind the service bays and the site design, which does not provide access around the building for exiting, may cause a traffic safetY hazard. 2. The site design could create potential obstruction to access required off-street parking spaces. This is not in compliance with the Auto Service Design Guidelines. Planning Commission CUP 98-007 & DR 98-0u~ October 26, 1998 Page 9 )rt 3. The site design may create a safety hazard for egress or ingress of an emergency vehicle requiring access to a vehicle or structure due to the absence of maneuverability around the building and the insufficient area to accommodate vehicular turn-around. 4. The Town Center Redevelopment Plan states: Sec. 413 The Redevelopment Plan is intended to promote and encourage a mixed-use design concept, which will strengthen the interrelationship of different land, uses to benefit all. Sec. 420 No use or. structure which by reason of appearance, traffic, smoke, noise, odor or other similar factors would be incompatible with the surrounding areas or structures shall be permitted in any part of the Town Center Redevelopment Area. The proposed use does not integrate and is incompatible with the surrounding uses and would detract from development on adjacent properties and therefore, does not comply with the Tustin Community Redevelopment Agency's Redevelopment Plan for the Town Center Redevelopment Project Area. 5. The City of Tustin General Plan states: Goal 1: Provide for a well balanced land use pattern that a.c. commodates existing and future needs for housing, commercial and 'i~dUstrial land, open space and community facilities and services, while maintaining a healthy, diversified economy adequate to provide future City services. Policy 1.6: Encourage compatible and complementary infill of previously by-passed parcels in areas already predominantly developed. Goal 3: Ensure that new development is compatible with the surrounding uses in the community, the City's circulation' network, availability of public facilities, existing development constraints and the City's unique characteristics and resources. Policy 3.8: Encourage consolidation of parking and reciprocal access agreements among adjacent businesses. The proposed use would negatively impact access with the adjacent site and is incompatible 'with the surrounding uses, which is inconsistent with the City's General Plan. Planning Commission CUP 98-007 & DR 98-007 October 26, 1998 Page 10 6. The location, inadequate size, architectural features and general appearance of the will impair the orderly and harmonious development of the area, the present or future development therein and on any.adjacent properties or the occupancy as a whole (TCC Section 9272). The following site designs support this finding: . The height of the proposed structure does not meet the required code standards and is therefore out of scale with the neighborhood. The lack of landscaping on the Newport frontage will exaggerate the bulky appearance of the structure. . The proposed setbacks and design of the site plan does not provide enough landscape areas or areas to accommodate the necessary parking and on- site traffic demands. The building orientation causes visibility of the service. bays. The use of a glass and panel door will be unattractive allowing visibility into the service bays when the doors are closed. . The physical relationship of the proposed improvements is not compatible with the existing structures in the neighborhood. . , This visible comer lot is a gateway into the City from the north and the relationship of the building, landscaping and site design will set precedence for any future development or improvements to structures in the neighborhood and public thoroughfares. Due'to the site's inadequate size, proposed uses and circulation pattems cannot be accommodated on the site and do not promote the orderly development of the property or the surrounding area. . The proposed development is not in compliance with the sign code. The proposed cabinet wall sign exceeds the maximum size permitted by the City Code. . The proposed development is not in compliance with the Auto Service Design Guidelines adopted by the City Council. The site design and building orientation is not in compliance with the "Site Design Order of-Preference" due to the visibility of the service bays from public view and that the development is not on a lot where the topography, vegetation, buildings, or other structures provide the greatest amount of screening of the service bays from public view. Planning Commission CUP 98-007 & DR 98-0u/' October 26, 1998 Page 11 The proposed access is not in compliance with the Engineering Division's recommendations to limit the number of driveways and provide shared access with the' adjacent center. The vehicles within the stacking area interfere with the access of the required off-street parking. The site design does not provide adequate room to accommodate anticipated circulation pattems. Significant size and area of landscaping is required to buffer the structures from the street frontage and landscaping is required for all street fronts, setback areas and along property 'lines. The street widening will eliminate the proposed landscaping along Newport. The plan does not provide the minimum 15% landscaping. The site size, proposed uses and circulation patterns cannot be accommodated on the site and do not promote the ordedy development of the property Elizabeth A. Binsack, Director, Community Development Attachments: 1, 2. 3. 4. 5. 6. 7. Location Map Site Plans and Elevations Resolution No. 3623 Auto Service Design Guidelines EZ Lube letter dated October 1, 1998 EZ Lube letter #1, dated October 18, 1998 EZ Lube letter #2, dated October 18, 1998 I1:cup98-007 Planning Commission Min~.__.s October 26, 1998 Page 3 The Public Hearing closed at 7:04 p.m. Commissioner Davert moved, Commissioner Jones seconded, to adopt Resolution No. 3624 approving Variance 98-005. Motion carried 5-0. 3. Conditional Use Permit 98-007 & Design Review 98-007 a request to construct a 1,472 square foot drive-through oil change facility with three work bays and indoor/outdoor waiting areas. The project is located at 12972 Newport Avenue within the Retail Commercial District (C-1), Town Center Redevelopment Project Area. APPLICANT: EZ LUBE MICHAEL J. DOBSON PROPERTY OWNER: KC/OB PARTNERS, LLC TIM O'BRIEN Recommendation That the Planning Commission adopt Resolution No. 3623 denying Conditional Use Permit 98-007 and Design Review 98-007. The Public Hearing opened at 7:04 p.m. Lori Ludi presented the subject report. Commissioner Davert inquired about stacking room at the northwest side of the Newport Avenue entrance and the possibility of overflow into the traffic lanes. Douglas Anderson responded that 2~ cars per lane could stack approximately 45 feet which, theoretically, would block the parking spaces at the north of the site and, with this site plan. configuration, cars could also overflow into the public right-of-way. Commissioner Kozak asked about an increase in traffic counts with the forthcoming widening of Newport Avenue. Douglas Anderson replied that the traffic count could increase from 30,000 to 50,000 cars per day. Commissioner Jones asked for the trip generation for this site. Douglas Anderson replied that there was no industry standard for a self-serve lube station and staff typically requests information for similar sites around the County and believed that 45 and 50 vehicles per day was representative for a normal weekday but is substantially increased over the weekends. Planning Commission ,,,,,~utes October 26, 1998 Page 4 The Director noted that findings for denial can be found in the resolution and the staff report. The Director further noted that the project is in the Town Center Redevelopment Area and a. member of the redevelopment agency staff is available for questions. Mike Dobson, applicant, described the quick lube business and discussed his position on the issues of the auto service design guidelines, circulation, parking and access, landscaping, architecture and signage. The Public Hearing closed at 7:40 p.m. Commissioner Davert asked if the Redevelopment Agency had any comments. Christine Shingleton, Assistant City Manager, stated that the property is a major gateway into the City and the Redevelopment Agency has been in discussions with the adjacent property owner to redevelop their property and the adjacent property owner is in opposition to this project. Commissioner Davert asked the City Attorney if it would be appropriate to consider future redevelopment of an adjacent property in the Commission's decision on this project. , Lois Bobak, Deputy City Attorney responded that it is appropriate to consider known intended uses on adjacent properties to determine if they would be compatible. Commissioner Davert - stated his appreciation for the applicant's efforts but he is concerned that there is no cross access, the potential for overflow into the public right- of-way and does not believe this would be a good site for this use. Commissioner Jones - stated his appreciation for the applicant's efforts but is concerned with traffic flow and the appearance that the use is being forced onto the site. Commissioner Kozak - stated his appreciation for the applicant's efforts but is concerned that the site is very difficult and noted his concern with cars stacking onto Newport Avenue. Commissioner Browne - stated that he reluctantly supported the staff's findings because he wants the project to be approved but is concerned with the additional risk related to the traffic flow. Commissioner Davert moved, Commissioner Kozak seconded, to adopt. Resolution No. 3623 denying Conditional Use Permit 98-007 and Design Review 98-007. Motion carried 5-0, The Director explained the appeal process. ATTACHMENT H AUTO SERVICE DESIGN GUIDELINES EXHIBITA RESOLUTION NO. 98-61 AUTO SERVICE DESIGN GUIDELINES POLICY: The purpose of the design guidelines is to promote and protect the public health, safety and general welfare, and preserve and enhance the aesthetic quality of the City relating to auto service uses. To fulfill this purpose, it is the intent of the design guidelines to: . Establish appropriate development gUidelines related to site and building design, circulation, parking and landscaping to promote orderly development. . Identify expected operational guidelines to minimize impacts on adjacent properties and neighborhoods. . Implement certain facilities and amenities necessary to protect the public safety and convenience. DEFINITIONS: Auto Repair ShoDs: These services include the retail sale of petroleum products and automotive accessories; automobile washing (by hand); waxing and polishing of automobiles (by hand); the sale and repair of tires; battery service; cleaning and flushing of radiators; and the installation of accessory 'components. The following operations are permitted if conducted within an enclosed building' painting; body work; detailing; lubrication of motor vehicles¢;~'brake service limited to serviCing and replacement of brake cylinders and brake shoes; wheel balancing; testing, adjustment, and replacement of carburetors, coils, condensers, distributor caps, fan belts, filters, generators, points, rotors, spark plugs, voltage regulators, water hoses, and wiring; and the performance of minor emergency repairs on a vehicle. Car Wash: An occupancy which primarily provides the service of washing, waxing, polishing and vacuuming automobiles by hand and/or by an automatic machine. Services incidental to this use include the retail sale of petroleum products, automotive accessories and food items. Service Station: Means an occupancy which provides for the servicing of motor vehicles and operations incidental thereto, limited to the retail sale of petroleum products and automotive accessories; automobile washing by hand; waxing and polishing Of automobiles; tire changing and repairing (excluding recapping); battery service, charging and replacement, not including repair and rebuilding; radiator cleaning and flushing, excluding steam cleaning and repair; installation of accessories; also including the following operations if conducted within a building; lubrication of motor Exhibit A, Resolution No. City Council August 3, 1998 Page 2 vehicles; brake servicing limited to servicing and replacement of brake cylinders and brake shoes; wheel balancing; the testing, adjustment and replacement of carburetors, coils condensers, distributor caps, fan belts, filters, generators, points, rotors, spark plugs, voltage regulators, water and fuel pumps, water hoses and wiring. (TCC 9297) PERMIT PROCESS The Tustin General Plan and' Zoning Code identifies properties within the City where auto services are conditionally approved. 'The process and procedures for the development, modification, Or operation of auto services i.e. service stations, auto repair shops, car washes, or convenience markets (including drive-through), shall be consistent with the General Plan and Zoning Code. PROJECTS SUBJECTTO DESIGN GUIDELINES Any new service station, auto repair shop, or car wash, or an existing nonconforming facility that' is altered more than 50 percent of the buiiding's assessed valuation per Section 9273b of the Tustin City Code, shall comply with these design guidelines. SITE DESIGN ORDER OF PREFERENCE '1. Auto service facilities shall be designed and developed in the following order Of preference: a. On a comer lot designed so the service bays are oriented away from public view and the pumps located at the rear of the lot behind the structures to buffer them from public view (See Exhibit.A)..? · b. On a lot where the topography, vegetation, buildings or other structures provide the greatest amount of screening of the service bays and pumps. , 2. As a part of the application process, applicants for auto service facilities shall be required to provide written documentation demonstrating a good faith effort in designing the facilities in accordance with the site design Order of preference. DEVELOPMENT GUIDELINES le Placement of structures on the site shall be clustered and oriented t° shield the service bays and pump stations from view with service bays and pump islands 'oriented toward the interior of the property (See Exhibit A and Figure 1). The interiors of work bays shall be screened from public streets, adjacent residential properties or open space areas. Building openings shall 'be buffered from residential properties to ensure noise and odor attenuation. Exhibit A, Resolution No City Council August 3, 1998. Page 3 . o Site desian' shall include paved areas to accommodate all legitimate, anticipated circulation patterns. All other areas shall consist of decorative, paving or landscaping. Driveway cuts shall be limited to one driveway per street frontage, or as; otherwise determined by the Engineering Division. When possible shared access between properties shall be provided. Landscaping is required in all street front and side setback areas, adjacent to customer entrances to buildings, and along property lines. Landscaping shall be designed as a buffer between the structures, adjacent properties and street frontages (See Figure 2). A minimum of 15 percent of the lot shall be landscaped, consistent with the City Landscaping and Irrigation Guidelines. All landscaped areas shall have permanent irrigation systems and maintained on a continual basis. A 6" high curb shall separate the planting areas from paving areas. . . Air and water service shall be located in a convenient, conspicuous, well-lit area that will not obstruct the on-site circulation patterns or required parking spaces.. Outdoor storaqe shall be permitted in approved areas screened from view. Accessory buildings used for storage of accessory goods to be sold at retail on site, such as tires, tubes, waxes, lubricants, etc., shall be architecturally compatible with the design of the main structure. Trash enclosures shall be an enclosed masonry structure, minimum 6' X 8' size. - Exhibit A, Resolution No.' 0"' City Council August 3, 1998 Page 4 . . . . Restrooms shall be located within the approved structure with entrances or ' signage clearly visible from the pump islands or cashier area and concealed from view of adjacent properties by planters or decorative screening. Pay Telephones shall be located within the .approved structure. The pay phones shall be programmed to prohibit incoming calls. The location of pay phones outside the auto service establishment is prohibited. Stackinq for two vehicles (40 feet) for each pump island shall be provided on-site to preclude interference with internal parking and on and off-site traffic circulation. Truck circulation patterns and positions for tank filling shall not conflict With cdtical customer circulation patterns or cause a potential for stacking overflow onto a street. 10. 11. 12. Masonry walls, 6'8" high masonry walls shall be constructed adjacent to ali interior property lines abutting residentially zoned or used properties. Compressors shall be located in the interior of the site or within the buildings to minimize any impacts on adjacent properties. Liohts for illuminating the site or advertising the facility shall be located in such a manner so as to contain all direct rays upon the subject property. Fixtures and intensities shall require the approval of the Community Development Director. Figure 2 Exhibit A, Resolution No. City Council August 3, 1998 Page .5 13. Outside waitinq areas shall be incorporated with the site design. The design of these areas shall be compatible with the main structure providing an inviting atmosphere with desirable elements such as shade structures, benches, decorative furniture, umbrellas, landscape planters, etc. 14. Water Quality, development shall comply with all applicable provisions of the City of Tustin Water Quality Ordinance and all rules and regulations set by Federal, State, and Regional Water Quality Boards and the Orange County Sanitation District, as they relate to Auto Service facilities. ' PARKING Unless otherwise specified in the Tustin Zoning Code, the following parking regulations shall apply: Auto repair:. 4 spaces per service bay, plus adequal~e queuing lanes for each bay, plus 1 space for each 2 employees on the largest shift. Auto parts sale: I space for each 400 sq. ft. of gross floor area, plus I space for each 2,000 sq. ft., service area, plus 1 space for each 300 sq. ft. of gross floor area for a parts department plus 1 space for each 2 employees.' Car washes- self-serve: 2.5 spaces per washing stall, for queuing and drying. Car washes - full-serve: 10 spaces, plus 10 spaces per wash lane f0~' drying area, plus queuing area for 5 vehicles ahead of eacR lane. Convenience markets: I space for each 200 square feet of gross floor area. Service Stations: I space for each pump island plus as required for ancillary uses. BUILDING DESIGN . All structures, including accessory buildings, canopies and pump islands, shall include a high level of architectural detailing consistent and appropriate for the neighborhood or center theme that may exist. . Ail building elevations shall be architecturally detailed to avoid the appearance of the "back of the building"; buildings shall contribute a positive presence to the street scene. . Building materials shall have the appearance of substance and permanency; lightweight metal or other temporary appearing structures are not appropriate. Exhibit A, Resolution No. City Council August 3, 1998 Page 6 SIGNS Section 9401 of the Tustin City Code or the approved sign program for the subject property shall be referenced regarding sign regulations. OPERATIONAL CONDITIONS , Service operations shall be entirely within approved structures, except for the services of dispensing gasoline, oil, water, air and the replacement of wiper blades, hand washing, waxing, polishing, vacuuming vehicle interiors and outdoor seating, which shall take place only in areas designate on approved plans for such activities. No vehicle repair shall take place in any parking space or drive aisle. . Ail vehicles that are not being worked on within the building Shall be parked only within designated marked parking spaces. No parking shall be permitted in front of the roll up doors or any drive aisle . No outdoor storage or display of materials shall be permitted except allowed by the Zoning Code. . Vending machines shall be located within the approved structure. vending activities is prohibited. Outdoor . The storage of junk or permanently disabled or wrecked automobiles shall not be permitted. Used or discarded automotive parts or equipment shall,'t3'ot be located outside of the. approved structure except within the designated 'trash storage area. All inoperative vehicles shall be parked within the building. No inoperative vehicles shall be permitted to be parked on the site outside the building, including marked spaces. . Storage or parking of buses and trucks or similar Vehicles is prohibited. This excludes tow trucks, pick-up trucks, and small vans incidental to the service station use. 7. Parking and advertising of vehicles for sale or lease is not permitted. . Restrooms shall be provided to the public at no cost and available during all hours of operation. The restrooms shall be maintained in a clean and sanitary condition. , All service stations and self-serve stations shall provide water and air, at' no cost and available 24 hours a day. Ali air hoses shall be equipped with operating and accurately calibrated gauges. Exhibit A, Resolution No. City Council August 3, 1998 Page '7 10. Provisions shall be made for the storage .of used oil 'and lubricants pending recycling. 11. Public address systems shall never be used in outdoor areas. 12. All requirements of the' City's Noise Ordinance (Chapter 6 of the Tustin City Code) shall be met at all times. , LL:vehicles.doc Exhibit A, Resolution No. City Council August 3, 1998 Page 8 POTENTIAL ACC-ESS TU ADJACENT C OZ~,~ER C I. AL ' C.E,N'J;ER ! 6"S, ~'~SOAV~y WALL APRON LAND$~E ~ER.~ LARDSCA~E PLANT. E.~ · o SERVICE ~AYS 6' dDNCR...~E MOZCO~t~h'T$IgN APRON STREET- TREES' PEP CITY I'.ASTER PLAN . EXHIBIT A STREET April 28, 1999 Mr Thomas Saltarelli City Councilmember City of Tustin 300 Centennial Way Tustin, CA 92780 FAST OIL CHANGE EXPERTS Re EZ Lube Project - Newport Ave and Old Irvine Blvd Dear Mr Saltarelli, For your information, please find an enclosed rendering of the Planning Commission approved EZ Lube project As you may know, the Planning Commission unanimously approved the EZ Lube project at their March 22nd public hearing There was no public opposition at the hearing During the hearing the Planning Commissioners had a lot of positive comments regarding the extraordinary lengths that were taken by City Planning Staff and EZ Lube to mitigate all the issues of concern Furthermore, I believe that the process taken between EZ Lube and planning staff shows that a true win -win project can be obtained through diligent and good faith efforts The enclosed rendering shows the final approved project Some of the benefits of the project are, 1) meets all city codes and traffic concerns, 2) will add tax revenue to the city, 3) eliminates a vacant gas station property, 4) employs 12 to 15 people from the surrounding area, 5) matches the architecture of the Plaza Lafayette, 6) enhances the surrounding businesses and general area, 7) does not restrict any potential redevelopment of the adjacent property, 8) dedicates an approximate $70,000 piece of land to the city for future widening of Newport Ave, 9) after dedicating the land the project still exceeds landscaping requirements by 300% EZ Lube looks forward to being an excellent corporate citizen in Tustin in the future Thank you for your consideration of this project If you have any questions prior to next weeks meeting please call me at (949) 584 -1479 Best Regards Michael J 1gbson President 1601 Dove St. Suite # 230 Newport Beach CA 92660,2411 (949) 477 1223 • FAX (949) 477 1275 11+ 121 i it I - 1 1 1 1 -7 . \ NORTH ELEVATION WEST ELEVATION 1 1 lo— . !! ti 1 I R \ EAST ELEVATION SOUTH ELEVATION ` b o / \ I.N1 4R 0....V ____sas. Le f MS Wiill Wane it SITISILIIIJIL Mt MP O sawaraw miss Ske R. 1 tiwN„VY/ 1411 j eb j O C 1 1.07,1+ a. gag .�. 1 69 ® nn rigtaigri SSD.R lN4 reganseskap 4.114 Ult. MOM I, 4 _ . IP SW 1 PRELIMINARY SITEPLAN — NCO ' NaNArod. aumo Ifni ►snwm _LUBE� Mt Mat 191P r-d• M Me MATIA SHEET: A 1 4- NEWPORT AVENUE AT OLD IRVINE BOULEVARD, num _ - - - - — — OLOIRWNEDOOLEV.L�