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HomeMy WebLinkAboutPH 3 Z.C. 92-003 04-05-934 0 DATE: APRIL 5, 1-597% �- TO: WILLIAM A. HUSTON, CITY MANAGER FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT. ZONE CHANGE 92-003 (FRONTRUNNER HOMES) RECOMMENDATION PUBLIC HEARING N0. 3 4-5-93 Inter -Com \�= It is recommended that the City Council take the following actions: 1. Certify the Negative Declaration as adequate by adopting Resolution No. 93-35; and 2. Have first reading by title only and introduction of Ordinance No. 1105 approving Zone Change 92-003, as submitted or revised. FISCAL IMPACT This project was initiated by the applicant and involves the zone change of a vacant parcel from one commercial zoning designation to another commercial zoning designation. There are no known negative fiscal impacts to the City associated with the project. BACKGROUND The applicant is requesting a Zone Change for a vacant site located on the southerly side of E1 Camino Real, approximately 450 feet east of Newport Avenue to accommodate the development of a self -serve, coin-operated car wash (see location map included as Attachment A). In addition, the property owner is also requesting that a small twenty foot wide remaining remnant north of the proposed car wash site be also rezoned to Commercial General (CG). At their meeting on March 22, 1993, the Planning Commission adopted Resolution No. 3131 recommending to the City Council approval of Zone Change 92-003 and adopted Resolution No. 3132 approving Conditional Use Permit 92-038, a related application by the applicant to request the establishment of a self -serve, coin- operated car wash. The Planning Commission's action on the Conditional Use Permit 92-038 was conditional subject to City Council approval of Zone Change 92-003. The subject site for the proposed car wash is currently located in two (2) Zoning Districts. The easterly 2/3 of the site is located within the Commercial General (CG) District and the remaining westerly 1/3 of the site is located within the Central City Council Report Zone Change 92-003 :Frontrunner Homes) April 5, 1993 Page 2 Commercial (C-2) District. Pursuant to the City of Tustin Zoning Code, car washes are not permitted within the C-2 District. The proposed Zone Change would rezone the westerly portion of the subject site from Central Commercial (C-2) to Commercial General (CG), which allows the establishment and operation of car washes subject to approval by the Planning Commission of a Conditional Use Permit. The subject site is also located within the Town Center Redevelopment Area. The applicant is concurrently processing a Design Review for t'.e proposed car wash facility and associated site improvements, which requires review and approval by the City of Tustin Redevelop-,ent Agency. Any approval of the requested Design Reveiw would be contingent on final approval of the requested Zone Change. Surrounding uses to the site include the following: Tustin Lanai Apartments and a small office complex across E1 Camino Real to the north; Tustin High School further east on the north side of E1 Camino Real; and a Pet Hospital to the east. The Santa Ana (I-5) freeway right-of-way to the south; and a vacant property currently zoned Retail Commercial (C-1) to the west. Sizzler and Jack In The Box restaurants are located further to the west adjacent to Newport Avenue. A vacant Commercial General (CG) zoned parcel, is located to the northwest across E1 Camino Real. A public hearing notice identifying the time, date and location of the public hearing on this project was published in the Tustin News. Property owners within 300 feet of the site were notified of the hearing by mail and notices were posted on the site, at the Senior Center and at the Police Department. The 'applicant was informed of the availability of the agenda and staff report for this item. DISCUSSION The Zoning Code sets forth a district hierarchy of four (4) commercial classifications. The location, surrounding uses, and potential impact of the permitted uses within each District should determine where each Zoning District is located. The permitted uses and conditionally permitted uses of each of the Zoning Districts vary according to the characteristics of the proposed use. From. the least intense of uses to the most intense uses, the districts are as follows, Retail Commercial (C-1), Central Commercial 'C-2), Commercial General (CG), and Heavy Commercial (C-3). ?he C-1 District is primarily aimed at providing a variety of retail, service and office uses. The C-2 City Council Report Zone Change 92-003 (Frontrunner Homes) April 5, 1993 Page 3 District incorporates the permitted uses of the C-1 District and provides for the establishment of additional uses such as service uses with fairly intense operational characteristics. Those uses include automotive repair shops, service stations, and drive-thru establishments. In the CG District, uses permitted within both the C-1 and C-2 Districts are allowed in addition to more intense uses such as automobile supplies and services. The combined uses provides for a wider variety of goods and services (ie: retail and services). Pursuant to Section 9235c(d) of the Zoning Code, an automobile supplies and services use is a conditionally permitted use within the CG Zoning District. Based on City of Tustin historic files, the Planning Commission and City Council have determined that a car wash use is a similar use which may be permitted subject to approval of a Conditional Use Permit. Generally the zoning designation directly adjacent to the Santa Ana (I-5) Freeway falls within the Commercial categories which includes the C -G and C-1, C-2 and PC -Commercial Districts. The General Commercial (CG) District offers the greatest diversity of uses which generally can utilize freeway exposure such as service stations and other auto related uses (Attachment B). Surrounding Zoning Districts to the proposed Zone Change (Attachment A) include the following: Retail Commercial (C-1) across E1 Camino Real to the immediate north, Public and Institutional (P&I) at the northeast corner of El Camino Real and Orange Street; C-1 property to the east (Pet Hospital) and C-1 properties to the west. The vacant property to the west of the subject site is currently zoned Retail Commercial (C-1). Sizzler and Jack In The Box restaurants, zoned Central Commercial (C-2), are located further to the west adjacent to Newport Avenue. The vacant parcel located to the northwest across E1 Camino Real is zoned Commercial General (CG). In light of surrounding zoning, the existing C-2 designation of the site seems like spot zoning and rezoning would place a more logical zoning pattern in place. The General Plan designates the proposed rezoning site within a commercial (C) designation. Given the existing CG District on a portion of this site and the orientation to the freeway, the proposal would seem consistent with the General Plan and would provide for uses associated with the freeway (Attachment C). In summary, the rezoning of the subject property from Central Commercial (C-2) to Commercial General (CG) could be considered logical and appropriate given established land use patterns along the freeway and compliance with the General Plan. Analysis would City Council Report Zone Change 92-003 (Frontrunner Homes) April 5, 1993 Page 4 support the proposed Zone Change, as it will not significantly impact the surrounding area due to built-in use controls of the Commercial General (CG) District, similarities with the surrounding commercial Districts, and existing zoning configuration already established in the City (Attachment D). ENVIRONMENTAL ANALYSIS A Negative Declaration has been prepared for the project pursuant to the requirements of the California Environmental Quality Act which would need to be considered should the Council desire to take a positive action on the project. The mitigation measures identified throughout the Initial Study have either been incorporated into the plans or would be imposed as conditions of approval mitigating the potential impacts that this project could have to a level of insignificance (Attachment E). Any changes or elimination of the measures identified and imposed on the project would require re-evaluation of the Initial Study. CONCLUSION Based upon the above analysis, it Council approve Zone Change 92-003 Declaration as adequate. Joann Sc ilke Lehmer Associate Planner CAS:JP:br/zc92-003.j1 Enclosures: Attachment Attachment Attachment Attachment Attachment Attachment Attachment Attachment Resolution Ordinance is recommended that the City and certify the Negative Christine A. Sh.Vigleton Assistant City Manager A - Existing Zoning Districts B - Surrounding and Freeway Corridor Zoning Districts C - Surrounding and Freeway Corridor Land Use Designations D - Proposed Zoning Districts E - Negative Declaration and Initial Study F - March 22, 1993 Planning Commission Report G - Minutes from March 22, 1993 Planning Commission meeting H - Planning Commission Resolution No.s 3131 and 3132 No. 93-35 No. 1105 26 27 u, z\ ;)2 Bo tl o 0 0� J' AVENUE c�.ro'. vass' wa.ern �n 13 II c 12 C -2P PC - co "rf 4o1-64 AVENUE NEWPORT n' �I^MART _ S �w. zo-z P. u. ze- ax ��o�r I r• OIC , nc_, o � �O, I J4 JACK I `o7 ' 7 IZZLER IN T E BOX --ICY' V Q BLK. C O� _1651 9 v I7 P Os P0.4. LOT J3 I b l Ua,fl 13� 4 zoZi i -- Z \ = o I c : I O ✓ z, -- 7 I ins u a +' Pu�i06-19 Nor- �. xo �--" - ORANGE O PET HOSPIT PN. 9e_JS Bo' \. MARCH /983 POR. L 53 W F4-1 3 BLK. W iL 4 j •°I 16 h. C la °\ \ III^ °...+ce •• +� 1 NO SCALE EXISTING ZONING DISTRICTS ATTACHMENT A �• o 064 V PAR \SU,5 < e V Bo W NO SCALE EXISTING ZONING DISTRICTS ATTACHMENT A C/ 100 5 'R4 R4 4000 R 20 2000 ltd I R4 PD 6000 l3 350 SURROUNDING AND FREEWAY CORRIDOR ZONING DISTRICTS CITY OF TUSTIN ZONING EXHIBIT NO SCALE ATTACHMENT R SURROUNDING AND FREEWAY CORRIDOR LAND USE DESIGNATIONS CITY OF TUSTIN GENERAL PLAN EXHIBIT NO SCALE ATTACHMENT C C -2P 4, _ 64 S AVENUE `e M- �M.N—> W JACK e IZZLER IN TV BOX 2 POR LOT 33 J e NEWPORT ATTACHMENT o � - G � T Q •_ P.N 106-19 i-�y 11 /Be.az• 1 ORANGE 2 PET HOSPI L MARCH /983 AVENUE ` POR. L J! pi i- 8L K. >ai + 13 V] ¢ PIR. II i 12 '36 ° 37 38 064 33 cc l� a lO 1J I F>P Z O O AVENUE RIB cAVENUE GO G Z B° G N Y4 NQ-., 747 a c >e' e2 :e' <> rz' on as .a.>e' ATTACHMENT o �L NEGATIVE DECLARATION CITY OF TUSTIN 300 CENTENNIAL WAY, TUSTIN, CA. 92680 Project Title: ZONE CHANGE 92-005, File No. DESIGN REVIEW 92-050, AND CONDITIONAL USE PERMIT 92-038 Project Location: SOUTHERLY SIDE OF EL CAMINO REAL, EAST OF NEWPORT AVENUE SEE.ATTACHED PUBLIC NOTICE FOR FURTHER INFORMATION Project Description: REQUEST TO CHANGE THE ZONING DISTRICT CLASIFICATION FROM C-2 TO CG; AND TO DEVELOP. -AND OPERATE A SELF SERVE CAR WASH Project Proponent: FRONTRUNNER HOMES Contact Person:JOANN M -S. PERRY Telephone: 714/544-8890 Ext. 478 The Community Development Department has conducted an initial study for the above project in accordance with the City of Tustin's procedures regarding implementation of the California Environmental Quality Act, and on the basis of that study hereby find: a That there is no substantial evidence that the project may have a significant effect on the environment_ (-j That potential significant affects were identified, but revisions have xl been included in the project plans and agreed to by the applicant that — would avoid or mitigate the affects to a point where clearly no significant effects would occur. Said revisions are attached to and hereby made a part of this Negative Declaration. Therefore, the preparation of an Environmental Impact Report is not required. The initial study which provides the basis for this determination 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 a Negative Declaration and extends for seven calendar days. Upon review by the Community Development Director, this review period may be extended if deemed necessary. REVIEW PERIOD ENDS 4:30 p.m. on MARCH 22, 1993 UAfED: FEBRUARY 25, 1993 � Community Development -L)"- C ATTACHMENT E DISCUSSION OF ENVIRONMENTAL EVALUATION ZONE CHANGE 92-005, CONDITIONAL USE PERMIT 92-038 AND DESIGN REVIEW 92-050 FEBRUARY 25, 1993 PROJECT DESCRIPTION The proposed project is a request for Zone Change 92-005 from the Central Commercial (C-2) District to the Commercial General (CG) District. The applicant is also processing concurrently Conditional Use Permit 92-038 to permit the construction and operation of a self -serve car wash in the Commercial General (CG) District; and Design Review 92-050 for the review of the physical development related to the proposed self -serve car wash. The Zone Change is subject to City Council review and approval. The Conditional Use Permit is subject to Planning Commission approval and the Design Review is subject to approval by the Community Development Department. The project site, a .40 acre parcel located on the southerly side of E1 Camino Real, east of Newport Avenue (see location map). The site is presently vacant. Surrounding uses to the site include the Tustin Lanai Apartments and an small office complex across E1 Camino Real to the north, Tustin High School further east on E1 Camino Real, and the Tustana Pet Hospital to the east. Located south of the subject site is the Interstate 5 Newport Avenue northbound off ramp and vacant property zoned C-1 to the west. Sizzler and Jack In The Box restaurants are located further to the west adjacent Newport Avenue. A vacant parcel, zoned Commercial General (CG), is located to the northwest across E1 Camino Real. 1. Earth - B "Yes" A C through G "No" - The subject site is currently vacant and is relatively flat in its topographical features. Any development of the site would require minor grading activity, compaction of the soil and the overcovering of the soil to create building pads and parking areas. Appropriate grading plans and soil reports would be required as part of the City's review and Building Permit plan check process. Sources: Field Observations, Submitted Development Plans, City of Tustin Community Development Department. Mitigation/Monitoring: The applicant would be required to submit a soils report completed within 12 months prior to Building Permit Plan Check. The soils report shall provide expanded information regarding the levels of hydrocarbons and around water contamination found on site. The applicant shall also submit a letter stating hazardous material clearance of the site from the Orange County Health Department. The applicant would be required to submit grading plans identifying the scope of work at Building Permit Plan Check. I11 work shall be done in conformance with the Uniform Discussion of Environmental Evaluation Zone Change 93-005, Design Review 93-050 and Conditional Use Permit 92-038 (Mayell/King's Hwy. Carwash) February 25, 1993 Page 2 Building Code, Grading Code and Grading Manual as required by the Building Official. Air - A through C "No" - The proposed project would not result in any long term degradation to the existing air quality. However, with construction there will be short term air quality pollutants as dust particles will be omitted into the air. No significant impacts are expected. Source: Submitted Development Plans, South Coast Air Quality Management District, City of Tustin Community Development Department Mitigation/Monitoring: The site will be required to comply with grading plan approvals with regard to dust control, which requires the applicant to apply water to the site as specified in the Grading Code and Grading Manual. This will be monitored by the Building Division when construction commences. 3. Water - B "Yes" E "Maybe" A C D & F through I - "No" - The proposed project would add impervious surfaces to the site which would effect drainage and run off. As proposed, the parking and vacuum areas of the project will surface drain into the existing storm drain system. It is not anticipated that this project will substantially contribute to the drainage flow and is in compliance with the Drainage Area Management Plan for the City of Tustin as designated by the Regional Water Quality Control Board. The project is also designed so that the washing bay areas surface will drain into water recycling catch basis which recycle approximately 25 percent of the daily water usage of the project. The remainder of. the water will be deposited into the sanitary sewer system for treatment which is in compliance with the Orange County Sanitation District requirements. Currently, neither the City of Tustin Water Department, the Regional Water Quality Control Board nor the Orange County Sanitation District would require the applicant to provide a water recycling system for the project, the feature of the project is a voluntary action by the applicant. The subject site is not located near any standing or moving bodies of water. Source: Field Observations, City of Tustin Community Development Department, City of Tustin Public Works Department, Orange County Sanitation District, Regional Water Quality Control Board Discussion of Environmental Evaluation Zone Change 93-005, Design Review 93-050 and Conditional Use Permit 92-038 (Mayell/King's Hwy. Carwash) February 25, 1993 Page 3 Mitigation/Monitoring: The site will be designed so that all parking and vacuum area surface run off is directed to and picked up by the storm drain system. The site will be designed so that all washing bay water be collected on site and tied into the sanitary sewer system, either with or without a water recycling system. All grading and drainage plans shall be subject to review and approval by the City of Tustin's Building Division and the Public Works Department to confirm compliance with Drainage Area Management Plan prior to construction. Alterations to the drainage would be subject to further review and approval by the City of Tustin Community Development and Public Works Departments. 4. Plant Life - A through D - "No" - The project site is free from any unique, rare or endangered species of plant life. The proposed project would introduce landscape and specimen trees on to the site in conformance with the requirements of the City of Tustin's Landscape and Irrigation Guidelines. source: Field Observations, Proposed Development Plans Mitigation/Monitoring: None Required. 5. Animal Life - A through D - "No" - The subject site is located within an urban area and was previously developed with a commercial uses. The site is not inhabited by any known species of animals. Installation of the proposed project would have no impacts on animal populations, diversity of species or migratory patterns. source: Field Observations Hitigation/Monitoring: None Required. 6. Noise - A "Yes", B - "No" - The proposed project would add new noise sources into the area since the property is presently undeveloped. The development of the project will result in short term construction noise impacts which will require compliance with the City's Noise Ordinance. As designed, the water recycling equipment and washing equipment pumps will be housed within the car wash building in the central utility room. The project proposes to locate the vacuum pumps to the rear of the site, adjacent to the I-5 Newport Avenue off -ramp wall. In this location, the noise emitted from the vacuums will be attenuated over the full depth of the site. Given the existing noise levels of 65 to 70 dBa in the area generated by the I-5 Freeway and surrounding street system (El Camino Real Discussion of Environmental Evaluation Zone Change 93-005, Design Review 93-050 and Conditional Use Permit 92-038 (Mayell/King's Hwy. Carwash) February 25, 1993 Page 4 and Newport Avenue), the proposed project is not expected to impact the ambient noise levels in the area. The proposed project would be potentially operating 24 hours/day. The equipment will be required to conform to the City's Noise Ordinance, which applies to commercial zones at a standard level of 60 dBA. Source: Frontrunner Homes, Community Development Department, Field Observations Mitigation/Monitoring: All development related noise generated shall be in accordance with the City of Tustin Noise Ordinance which, in part, limits noise generation to a maximum of 60 dBa and restricts construction hours, which would be verified by the Community Development Department. 7. Light and Glare - "Yes" - Since the project site is vacant, any development would add new lighting into the area. The proposed project would be potentially operating 24 hours/day. The applicant proposes to install timing devices on the light fixtures which will turn off approximately 300 of the lights in the later hours of the night, reducing the overall light generated on site. Any exterior lighting that would be provide would comply with the City of Tustin Security Ordinance. Source: Field Observations, Proposed Development Plans Mitigation/Monitoring: The applicant shall provide a photometric study showing the location and anticipated distribution pattern of light of all proposed fixtures. All exterior lighting shall be designed and arranged so not to direct light .or glare onto adjacent properties; including the adjacent I-5 'Freeway. All lighting shall be developed to provide a minimum of one (1) footcandle of light coverage, in accordance with the City's Security Code. S. Land Use - "No" - The subject site currentlly stradles two zoning districts, Central Commercial (C-2) District and Commercial General (CG) District. The proposed project is to rezone the westerly portion of the site from Central Commercial (C-2) District to Commercial General (CG) District and to develop a self -serve coin operated car wash at the site. Generally the zoning designation directly adjacent to the I-5 Freeway fall within the Commercial, and Industrial categories which includes the CG and C-1, C-2 and PM Districts. Additionally, the General Commercial (CG) District Discussion of Environmental Evaluation Zone Change 93-005, Design Review 93-050 and Conditional Use Permit 92-038 (Mayell/King's Hwy. Carwash) February 25, 1993 Page 5 is appropriate when adjacent to the freeway as it offers a greater diversity of uses which generally can utilize the freeway exposure such as, but not limited to, service stations and other auto related uses. Surrounding Zoning Districts to the subject site include Retail Commercial (C-1) across E1 Camino Real to the north, Public and Institutional (P&I) east on E1 Camino Real, and to the west of the subject property is the Tustana Pet Hospital which is zoned C-1. There are no uses on the south side of the subject property as the property abuts the Santa Ana (I-5) Freeway Newport Avenue off ramp. The vacant property to the west of the subject site is zoned Retail Commercial (C-1) . Sizzler and Jack In The Box restaurants, zoned Central Commercial (C-2), are located further to the west adjacent to Newport Avenue. The vacant parcel located to the northwest across E1 Camino Real is zoned Commercial General (CG). The development of the property would be in compliance with the planned commercial use of the area as specified on the General Plan Land Use Map. Source: Proposed Development Plans, City of Tustin Community Development Department Mitigation/Monitoring: None Required. 9. Natural Resources - A and B - "No" - The proposed project would result in construction use of materials that are non- renewable. However, the usage will be minimal given the scale of the project. The applicant proposes to install timing devices on the light fixtures which will turn off approximately 300 of the lights in the later hours of the night, reducing the overall electrical energy consumption of the project. The project will use a gas water heater. Source: Proposed Development Plans, City of Tustin Community Development and Public Works Departments Mitigation/Monitoring: The applicant shall utilize recycled materials where appropriate. 10. Risk of Upset - "No" - The proposed project would not result in any significant risk of upset (i.e. explosion, etc.) given the scope and nature of the proposed use. All mechanical and electrical equipment associated with the carwash would comply with Uniform Building and Fire Codes. Discussion of Environmental Evaluation Zone Change 93-005, Design Review 93-050 and Conditional Use Permit 92-038 (Mayell/King's Hwy. Carwash) February 25, 1993 Page 6 Source: Orange County Fire Department, Proposed Development Plans, City of Tustin Community Development Department Mitigation/Monitoring: All construction shall be in accordance with applicable Uniform Building and Fire Codes. Such compliance shall be verified during the plan check process prior to the issuance of any Building permits. 11. Population - "No" - The proposed project is a commercial infill project and would not result in any direct increase in population in that no addition dwelling units would be created. This small scale project would be designed to meet the needs of the existing residents and businesses of the community. The project would have no impact of the location, growth, distribution or density of the population in the surrounding area. Source: City of Tustin Community Development Department Mitigation/Monitoring: None Required. 12. Housing - "No" - The proposed project project and would not result in a. population in that no addition dwo created. This small scale project wo the needs of the existing residents community. The project would have no growth, distribution or density of surrounding area. is a commercial infill ny direct increase in alling units would be ald be designed to meet and businesses of the impact of the location, the population in the Source: City of Tustin Community Development Department Mitigation/Monitoring: None Required. 13. Transportation /Circulation - B "Yes", A, C, D, and F "Maybe"; E "No" - Since the site is vacant, any development would generate additional vehicular trips to the site and the need for additional parking facilities. The proposed project provides for the needed parking on site. Due to the site close proximity to the Orange Street intersection, location of an existing driveway adjacent to the easterly property line (Tustana Pet Hospital) and comments provided by the City of Tustin Community Development and Public Works Departments, the applicant has proposed that a single, 30 foot wide; driveway apron be located adjacent to the westerly property line. At this location traffic entering Discussion of Environmental Evaluation Zone Change 93-005, Design Review 93-050 and Conditional Use Permit 92-038 (Mayell/King's Hwy. Carwash) February 25, 1993 Page 7 and existing the site will not reduce the efficiency of the existing left turning movements from E1 Camino Real onto Orange Street or Newport Avenue. Along the project frontage, E1 Camino Real has a straight roadway section with no horizontal or vertical curvature, therefore the proposed driveway will not be subject to reduced sight visibility. The westerly location also provides the opportunity for a joint driveway in the event of future development on the adjacent vacant property. A potential of a joint driveway between the subject site and adjacent future development may potentially reduce the impact of future traffic. Based on the submitted development plans and the .1993 Institute of Traffic Engineering (ITE) Trip Generation Manual, it is anticipated that the peak traffic generation times (greatest traffic activity generated) for the project will occur Saturday and Sunday with approximately 212 trips per day (106 inbound and 106 outbound). It is anticipated that the project will generate approximately 48 trips per day (24 inbound and 24 outbound) during the weekday P.M. peak -hours of 4:00-6:00 pm. The critical impact periods (worse case scenario times) for the E1 Camino Real and Newport Avenue intersection occur at 7:00 to 9:00 AM and 4:00 to 6:00 PM. The peak traffic generation times for the proposed project occur outside of the normal weekday AM -PM peak -hour window and therefore the project will not have a significant impact the AM and PM peak -hour weekday traffic operation. In conjunction with the Caltrans, Santa Ana (I-5) Freeway widening project in this area, additional travel lanes (an eastbound and westbound travel lane) were added to E1 Camino Real. This improvement implemented the master planned status of the street tc a secondary arterial highway, thus increasing the carrying capacity of El Camino Real from 11,300 ACT to 22,500 ACT at a level of service D. El Camino Real is currently operating at a level of service A (11,720 ACT) between Red Hill Avenue and Newport based on the City of Tustin Public Works Department November 20,1992 traffic counts. Based on the above information, it is determined that the proposed project will not have significant traffic impacts upon the circulation system and will not have a significant impact to the area in the form of cumulative negative circulation impacts. Discussion of Environmental Evaluation Zone Change 93-005, Design Review 93-050 and Conditional Use Permit 92-038 (Mayell/King's Hwy. Carwash) February 25, 1993 Page 8 Source: City of Tustin Community Development and Public. Works Departments, Field Observations, proposed Development Plans Mitigation/Monitoring: The driveway apron shall be designed at a 30 foot width at the westerly property line to provide the potential for a joint driveway arrangement with future adjacent development. The proposed landscape adjacent to the driveway shall comply with sight visibility requirements. 14. Public Services - A through C "Maybe", D through F - "No" - Since the project site is vacant, any development would require the services of the Fire and Police Departments. The City of Tustin Police Department has identified the need for visibility into the site for security measures and the need to reduce the opportunities for graffiti and vandalism. The applicant has sited the car wash building with the washing bays open to the public right-of-way to increase the ability for surveillance to the rear portion of the site. The applicant has also proposed to paint the wall surfaces with an "anti -graffiti" coating and to provided landscape planting areas adjacent to exposed wall areas to reduce the opportunities for graffiti and vandalism. It is not expected that the project would create demands for additional service on schools, parks, maintenance of public facilities or other governmental service. Source: Orange County Fire Department, City of Tustin Police Department, Community Development and Public Works Departments Mitigation/Monitoring: The project landscape and grading shall be designed to provide security surveillance into the project. The development plans shall be verified for compliance at Building Permit plan. check. The applicant shall be required to pay school district fees to Tustin Unified School District. 15. Energy - A and B - "No" - The proposed project would not result in any "significant" change in the current use of energy given the scale of new development but will require new services as is customary with new construction. The applicant proposes to install timing devices on the light fixtures which will turn off approximately 30% of the lights in the later hours of the night, thus reducing the overall electrical energy consumption. Any exterior lighting that would be provide would comply with the City of Tustin Security Ordinance. Electrical and Gas capacities required for the project are existing and have been designed to accommodate Discussion of Environmental Evaluation Zone Change 93-005, Design Review 93-050 and Conditional Use Permit 92-038 (Mayell/King's Hwy. Carwash) February 25, 1993 Page 9 future commercial projects on this parcel and are therefore adequate to serve the proposed project. source: Southern California odes Development California Gas, Public Works Department, p P Mitigation/Monitoring: The applicant shall. comply with Title 24 in regard to energy conservation. This shall be verified compliancefor Permit plan Check. The c ant shallresearch the possib Building possibility of reduce energy lamps for all light fixtures. 16. Utilities - A through F - "No" - The project site is located within an existing commercial area with all utilities available to the site from E1 Camino Real. Sanitary sewer, storm drain and water capacities required for the project are existing and have been designed to accommodate future commercial projects, such as a self -serve car wash, on this parcel and are therefore adequate to serve the proposed Project. The proposed project would not required the need for additional utilities to serve the site. The County of orange tahas has established goals to conserve water, the app voluntarily proposed to install a water recycling system in conjunction with the car wash operation system. It is anticipated that the system will recycle approximately 25 percent of the daily water consumption for the project. Source: City of Tustin Public Works Department Mitigation/Monitoring: The applicant shall utilize a water reclamation system. It shall be identified on the construction plans prior to issuance of building permits. 1;. Human Health _ A and B - "No" - The proposed project would not result in any effect on human health. The proposed use as a self -serve car wash would not create conditions that negatively effect human health. Currently there exist four soil/ground water reclamation projects within one mile of the subject site, being observed by the Orange County Health Department, Environmental Division. The closest soil reclamation site is a monitoring and vapor extraction well is located at the northeast corner of Newport Avenue and E1 Camino Real, northwest of the subject site. This site has an existing free product plume which extends to the southwest of site. Based on 4th Quarter monitoring reports conducted by Applied Geosciences, Inc. for the Southern Counties oil Company, monitoring wells closest to .the proposed car wash Discussion of Environmental Evaluation Zone Change 93-005., Design Review 93-050 and Conditional Use Permit 92-038 (Mayell/King's Hwy. Carwash) February 25, 1993 Page 10 site indicate that neither free product nor extensions of the existing plume have been detected. Based on past historic records of the Orange County Health Departments, the subject site has no records showing the need for soil/ground water reclamation systems. Source: Proposed Development Plans, City of Tustin Community Development Department, Orange County Health Department Mitigation/Monitoring: The applicant would be required to submit a soils report completed within 12 months prior to Building Permit Plan Check. The soils report shall provide expanded information regarding the levels of hydrocarbons and ground water contamination found on site. 18. solid paste - "Maybe" - Since the site is vacant, any development would generate additional solid waste requiring disposal by the City. The applicant proposes to provide trash receptacle of sufficient capacity to accommodate the proposed carwash use. Pursuant to the City of Tustin Municipal Code, the applicant is required to contract for trash removal services with the City's contracted hauler. The solid waste product is transported by the hauler to the Material Recovery Facility (MRF). Once at the MRF, the waste is manually and mechanically separated and the recyclable materials are recovered. This program has been implemented by the City in effort to meet the States requirements identified in the Source Reduction and Recycling Element related to the 25 and 50 percent diversion requirements. Due to the size and the type of use of the proposed project, it is anticipated that the amount of solid waste will be accommodated within the City's existing solid waste handling programs and will not have a significant impact or. the City's Solid Waste Handling services. The City's existing solid waste handling program and contracts have been established to accommodate the development and expansion of new businesses within the City. Source: Proposed Development Plans, City of Tustin Public Works Department, Great Western Reclamation, Inc. Mitigation/Monitoring: The applicant will be required to contract for a fee with the City' contracted solid waste hauler. The applicant shall provide a trash receptacle which comply with the requirements of the City of Tustin's contract hauler's specifications. Compliance shall be verified at Discussion of Environmental Evaluation Zone Change 93-005, Design Review 93-050 and Carwash Conditional Use Permit 92-038 (Mayell/King's Hwy. ) February 25, 1993 Page 11 Building Permit plan check. 19. Aesthetics - "Maybe" - The City of Tustin Community Development Department has identified that the orientation of the washing bays to the E1 Camino Real frontage does not comply with the City of Tustin Handbook for Planning, Zoning and Development Guidelines, which requires service bays to be oriented so as not to be visible from public right-of-way view. As proposed, the orientation of the open bays are identified as a negative impact to the public view. The applicant has stated that a site design which orients the washing bay openings away from the street frontage and public right-of-way view would not only reduce the economic viability of facility but also would restrict the views into the interior of the site and compromise the feeling of security and safety. The applicant has proposed to provide a combination of solid wall and decorative metal fence with decorative masonry columns along the easterly property line. The solid wall will be located in the front portion of the site to mitigate the visual impact of the proposed structure. The decorative metal fencing will be located to the rear portion of the site to permit visual survaillance of the rear portion of the site. The applicant is also proposing to increase the planting at the westerly line to limit the public right-of-way views to the immediate project frontage. The landscape along the immediate frontage will consist of canopy trees and earth berming designed to limit the visual impact of the structure and paving areas but at the same time providing a unobstructed window into the project for surveillance and security. Vine planting pockets are proposed to be located adjacent to the columns of the structure to further provide planting to soften the expanse of the structure. source: Proposed Development Plans, Field observations Monitoring: The site will be designed to provide landscape and hardscape screening along the easterly and westerly property lines as described above. P. visual buffer consisting of landscaping and earth berms shall be provided along the E1 Camino Real Frontage in accordance with the City of Tustin Landscape and Irrigation Guidelines. Such compliance shall be verified during the plan check process prior to the issuance of any building permits. 20. Recreation - "No" - The project is non-residential in nature and is not located in proximity to recreational facilities. It will have no impact on quality of recreation opportunities Discussion of Environmental Evaluation Zone Change 93-005, Design Review 93-050 and Conditional Use Permit 92-035 (Mayell/King's February 25, 1993 Page 12 in the community. Hwy. Carwash) Source: City of Tustin Community services Department, City of Tustin General Plan Land Use Element Mitigation/Monitoring: None Required. 21. Cultural Resources - A Throu h D "No" - The subject property is not located within the City's Cultural Resources Overlay District, nor are there any identified cultural, historic or archaeological resources identified on or around the site. The project will would have no impacts on cultural resources Source: City of Tustin Historical Resources Survey, City of Tustin General Plan, City of Tustin Community Development Department Mitigation/Monitoring: None Required. 22. Mandatory Findings of Significance - As discussed above, the proposed project involves the construction and operation of a self-service, coin-operated car wash. The construction of the proposed project could result in potential impacts to the environment in the areas of water, noise, light and glare, transportation and circulation, and aesthetics. However, due to the project design and conditions imposed, the potential impacts would be reduced to a level of insignificant. Item a - "No": Based upon the responses to Items 1 - 21 in this Initial Study, the review of City files, records and documents and the nature of the project, the project is not anticipated to significantly impact wildlife, fish, flora, fauna or cultura'1 resoL_ces. Item b "Maybe 1.-4thout the mitagation measures and monitoring provided herein, the project may achieve short. -term goals to the disadvantage of long term, evironmental goals, specifically with regard to traffic and circulation, water and light and glare. However, due to the project design and conditions imposed, such as relocation of the driveway apron, water recycling syster.r and the potential impacts would be reduced to a level of insignificant. Therefore, as designed and with the imposed mitagation measures, the project does not achieve short-term goal, to the disadvantage of long-term, environmental goals. C Discussion of Environmental Evaluation Zone Change 93-005, Design Review 93-050 and Conditional Use Permit 92-038 (Mayell/King's Hwy. Carwash) February 25, 1993 Page 13 Item c - "No:" In reference to the project background discussion provided herein, the project will not contribute to the demand individually and will have limited impacts cumulatively. Item d - "No"• As a result of the preparation of and as discussed in this Initial Study, mitigation measures have been identified and have either been implemented in the project's design or will become Conditions of Approval. Any possible impacts associated with this project have been mitigated to a level of insignificance. Sources: All sources listed in items 1 - 21 of this Initial licable City and State Study, Submitted development plans, App Codes. Mitigation/Monitoring: As stated above, mitigation measures have been identifed in Items 1 - 21 of this Inital Study and have either been implementedin the project's design or will become Conditions of App JP:br/cup92-038.env I. Background II CITY OF TUSTIN Community Development Department ENVIRONMENTAL INITIAL STUDY FORM 1. Name of Proponent Mr. L. Vincent Mayell representing Frontrunner Homes 2. Address and Phone Number of Proponent 1200 Quail Street, Suite 100 Newport Beach, CA 92660 (714) 833-3340 3. Date of Checklist Submitted February 25, 1993 4. Agency Requiring Checklist City of Tustin Planning Commission 5. Name of Proposal, if applicable Zone Change 93-005, Design Review 93-05( and Conditional Use Permit 93-038 Environmental Impacts (Explanations of all "yes" and "maybe" answers are required on attached sheets.) Yes Maybe No 1. Earth. Will the proposal result in: a. Unstable earth conditions or in changes in geologic substructures? X b. Disruptions, displacements, compaction or overcovering of the soil? X _ C. Change in topography or ground surface relief features? X d. The destruction, covering or ncdification of any unique geologic or physical features? X e. Any increase in wind or water erosion of soils, either on or off the site? X f. Changes in deposition or erosion of beach sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any ban, inlet or lake? X Exposure of people or property to geologic hazards such as earthquakes, landslides, mudslides, ground failure, or similar hazards? Will the proposal result in: Substantial air emission or deterioration of ambient air quality? The creation of objectionable odors? Alteration of air movement, moisture, or temperatures, or any change in climate, either locally or regionally? 3. Water. Will the proposal result in: h. Changes in currents, or the course of direction of water movements, in either marine or fresh water? Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? Alterations to the -course or flow of flood waters? Change in the amount of surface water in any water body? Discharge into surface waters, or in any alteration of surface water quality, including but not limited to temperature, dissolved oxygen or turbidity? Alteration of the direction or rate of flow of ground waters? Change in the'quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? Substantial reduction in the amount of water otherwise available for public water supplies? Yes Maybe No X _ X X X X X X X X X X X 4. 5. FM 7 Yes Maybe No i. Exposure of people or property to water related hazards such as flooding or tidal waves? X Plant Life. Will.the proposal result in: a. Change in the diversity of species, or number of any species of plants (including trees, shrubs,' grass; crops, and aquatic plants)? b. Reduction of the numbers of any unique, rare or endangered species of plants? X C. Introduction of new species of plants into an area, or in a barrier to the normal replenishment of existing species? X d. Reduction in acreage of any agricultural crop? X Animal Life. Will the proposal result in: a. Change in the diversity of species, or numbers of any species of animals (birds, land animals including reptiles, fish and shellfish, benthic organisms or insects)? X b. Reduction of the numbers of any unique, rare or endangered species of animals? X C. Introduction of new species of animals into an area, or result in a barrier to the migration or movement of animals? X d. Deterioration to existing fish or wildlife habitat? X Noise. Will the proposal result in: a. increases in existing noise levels? X b. Exposure of people to severe noise levels? X Light and Glare. Will the proposal produce new light or glare? X Yes Maybe No g. Land Use. will the proposal result in a substantial alteration of the present or planned land use of an area? -X 9. Natural Resources. will the proposal result in: a. Increase in the rate of use of any X natural resources? b. substantial depletion of any x nonrenewable natural resource? lo. Risk of Upset. will the proposal involve: a. A risk of an explosion or the release of hazardous substances (including, but not limited to, oil, pesticides, chemicals or radiation) in the event of an accident X or upset conditions? — b. Possible interference with an emergency response plan or an X emergency evacuation plan? — 11. Population. Will the proposal alter the location, distribution, density, or growth rate of the human population of X an area? — 12. Housing. Will the proposal affect existing housing, or create a demand X for additional housing? — 13. Transportation/Circulation. Will the proposal result in: a. Generation of substantial additional vehicular movement? a — b. Effects on existing parking facilities, or demand for new parking? R -- — C. Substantial impact upon existing transportation systems? X — d. Alterations to present patterns of circulation or movement of people and/or goods? X — Yes Mavbe No e. Alterations to waterborne, rail or X b. Communications systems? air traffic? C. X f. Increase in traffic hazards to motor Sewer or septic tanks? X e. vehicles, bicyclists or pedestrians? X _ 14. Public Services. Will the proposal have an effect upon, or result in a need for new or altered governmental services in any of the following areas: " a. Fire protection? X b. Police protection? X _ C. Schools? X — d. Parks or other recreational facilities? X e. Maintenance of public facilities, including roads? X f. Other governmental services? X 15. Energy. Will the proposal result in: a. Use of substantial amounts of fuel or energy? a b. Substantial increase in demand upon existing sources of energy, or require the development of new sources of energy? X 16. Utilities. Will the proposal result in a need for new systems, or substantial alterations to the following utilities: a. Power or natural gas? X b. Communications systems? a C. Water? X d. Sewer or septic tanks? X e. Storm water drainage? X f. Solid waste and disposal? X Yes Maybe No 17. Human Health. Will the proposal result in: a. Creation of any health hazard or potential health hazard (excluding mental health)? X b. Exposure of people to potential health hazards? X 18. Solid Waste. Will the proposal create additional solid waste requiring disposal by the City? X — 19. Aesthetics. Will the proposal result in the obstruction of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to public view? X — 20. Recreation. Will the proposal result in an impact upon the quality or quantity of existing recreational opportunities? X 21. Cultural Resources a. Will the proposal result in the alteration of or the destruction of a prehistoric or historic archaeological site? X b. Will the proposal result in adverse physical or aesthetic effects to a prehistoric or historic building, structure, or object? x C. Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? -- d. Will the proposal restrict existing religious or sacred uses within the potential impact area? x Yes Maybe No 22. 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? X b. Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? (A short- term impact on the environment is one which occurs in a relatively brief, definitive period of time while long-term impacts will endure well into the future). X C. Does the project have impacts which are individually limited, but cumulatively con- siderable? (A project may impact on two or more'separate resources where the impact on each resource is relatively small, but where the effect of the total of those impacts on the environment is significant.) X d. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? X III. Discussion of Environmental Evaluation IV. Determination (To be completed by the Lead Agency) 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 measure described on an attached sheet have been added to the project. A NEGATIVE DECLARATION WILL % BE PREPARED I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT .is required. FEBRUARY 25 1993 c V Signat Dateure ITEM N0. 6 C/ �Rtz;port to the planning Commission DATE. MARCH 22, 1993 SUBJECT: ZONE CHANGE 92-003, CONDITIONAL USE PERMIT 92-038 AND DESIGN REVIEW 92-050 APPLICANT: FRONTRUNNER HOMES 1200 QUAIL STREET, SUITE 100 NEWPORT BEACH, CA 92660 LANDOWNER: FRANAGOFIN, A LIMITED PARTNERSHIP 505 N. TUSTIN AVENUE TUSTIN, CA 92705 LOCATION: THE SOUTHERLY SIDE OF EL CAMINO REAL, APPROXIMATELY 450 FEET EAST OF NEWPORT AVENUE ZONING: CENTRAL COMMERCIAL (C-2) AND COMMERCIAL GENERAL (CG) DISTRICTS ENVIRONMENTAL _ STATUS: A NEGATIVE DECLARATION HAS BEEN PREPARED IN ACCORDANCE WITH THE PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. REQUEST: 1. TO AUTHORIZE A ZONE CHANGE FROM CENTRAL COMMERCIAL (C-2) TO COMMERCIAL GENERAL (CG) DISTRICT; 2. TO AUTHORIZE A CONDITIONAL USE PERMIT FOR THE ESTABLISHMENT AND OPERATION OF A SELF -SERVE, COIN-OPERATED CAR WASH WITHIN THE COMMERCIAL GENERAL (CG) DISTRICT; AND 3. TO APPROVE THE DESIGN REVIEW OF THE PROPOSED CAR WASH FACILITY AND SITE IMPROVEMENTS. RECOMMENDATION It is recommended that the Planning Commission take the following actions: 1. Approve the Environmental Determination for the project by adopting Resolution No. 3130; 2. Recommend to the City Council approval of Zone Change 92-003 by adopting Resolution No. 3131, as submitted or revised; 3. Approve Conditional Use Permit 92-038 by adoption of _ Resolution No. 3132, as submitted or revised; and 4. Recommend to the Redevelopment Agency approval of Design Review 92-050 by adopting Resolution No. 3133, as submitted or revised. ATTACHMENT F Planning Ccmmission Report Conditional Use Permit 92-038, Zone Chance 92-003, and Design Review 92-050 March 22, "_993 Page 2 The applicant is requesting a Zone Change for a vacant site located on the southerly side of E1 Camino Real, approximately 450 feet east of Neo:oort Avenue to accommodate the development of a self - serve, coin-operated car wash (see location map included as Attachment TI). In addition, the property owner is also requesting that a small twenty foot wide remaining remnant north of the proposed car wash site be also rezoned to CG. The subject site for the proposed car wash is currently located in two (2) Zor_ing Districts. The easterly 2/3 of the site is located within the Commercial General (CG) District and the remaining westerly 1;3 of the site is located within the Central Commercial (C-2) District. Pursuant to the City of Tustin Zoning Code, car washes are not permitted within the C-2 District. The proposed Zone Change would rezone the westerly portion of the subject site from Central Commercial (C-2) to Commercial General (CG), which allows the establishment and operation of car washes subject to approval by the Planning Commission of a Conditional Use Permit. In the event that the Planning Commission recommends to the City Council approval of the subject Zone Change, the applicant is concurrently processing a Conditional Use Permit to permit the establishment and operation of a self -serve, coin-operated car wash. The subject site is also located within the Town Center Redevelopment Area. The applicant is also concurrently processing a Design Review for the proposed car wash facility and associated site improvements, which requires review and approval by the City of Tustin redevelopment Agency. Any approval of the requested Conditional Use Permit would be contingent on final approval of the requested Zone Change by the City Council and the requested Design Review by t_:e Redevelopment Agency. Surroundinc_ uses to the site include the following: Tustin Lanai Apartments and an small office complex across E1 Camino Real to the north; Tustin High School further east on the north side of El Camino Rea.; and a Pet Hospital to the east. The Santa Ana (I-5) freeway riot -of -way to the south; and a vacant property currently zoned Retail Commercial (C-1) to the west. Sizzler and Jack In The Box restaurants are located further to the west adjacent to Newport Avenue. A vacant Commercial General (CG) zoned parcel, is located to the nort^west across El Camino Real. Planning Commission Report Conditional Use Permit 92-038, Zone Change 92-003, and Design Review 92-050 March 22, 1993 Page 3 A public hearing notice identifying the time, date and location of the public hearing on this project was published in the Tustin News. Property owners within 300 feet of the site were notified of the hearing by mail and notices were posted on the site, at the Senior Center and at the Police Department. The applicant was informed of the availability of the agenda and staff report for this item. DISCUSSION Zone Change The Zoning Code sets forth a district hierarchy of four (4) commercial classifications. The location, surrounding uses, and potential impact of the permitted uses within each District should determine where each Zoning District is located. The permitted uses and conditionally permitted uses of each of the Zoning Districts vary according to the characteristics of the proposed use. From the least intense of uses to the most intense uses, the districts are as follows, Retail Commercial (C-1), Central Commercial (C-2), Commercial General (CG), and Heavy Commercial (C-3). The C-1 District is primarily aimed at providing a variety of retail, service and office uses. The C-2 District incorporates the permitted uses of the C-1 District and provides for the establishment of additional uses such as service uses with fairly intense operational characteristics. Those uses include automotive repair shops, service stations, and drive-thru establishments. In the CG District, uses permitted within both the C-1 and C-2 Districts are allowed in addition to more intense uses such as automobile supplies and services. The combined uses provides for a wider variety of goods and services (ie: retail and services). Pursuant to Section 9235c(d) of the Zoning Code, a automobile supplies and services use is a conditionally permitted use within the CG Zoning District. Based on City of Tustin historic files, the Planning Commission and City Council has determined that a car wash use is a similar use which may be permitted subject to approval of a Conditional Use Permit. Generally the zoning designation directly adjacent to the Santa Ana _ (I-5) Freeway falls within the Commercial categories which includes the C -G and C-1, C-2 and PC -Commercial Districts. The General Commercial (CG) District offers the greatest diversity of uses which generally can utilize freeway exposure such as service stations and other auto related uses (Attachment B). Planning Commission Report Cond_=ional Use Permit 92-038, Zone Change 92-003, and Design Review 92-050 March 22, 1993 Page 4 Surrounding Zoning Districts to the proposed Zone Change (Attachment A) include the following: Retail Commercial (C-1) across E1 Camino Real to the immediate north, Public and Institutional (P&I) at the northeast corner of E1 Camino Real and Oranc=_ Street; C-1 property to the east (Pet Hospital) and C-1 properties to the west. The vacant property to the west of the subject site is currently zoned Retail Commercial (C-1). Sizzler and :ack In The Box restaurants, zoned Central Commercial (C-2), are _ocated further to the west adjacent to Newport Avenue. The vacan= parcel located to the northwest across E1 Camino Real is zoned Commercial General (CG). In light of surrounding zoning, the existing C-2 designation of the site seems like spot zoning and rezoning would place a more logical zoning pattern in place. The General Plan designates the proposed rezoning site within a Commercial (c) designation. Given the existing CG District on a portion of this site and given the orientation to the freeway, the proposal would seem consistent with the General Plan and would provide for uses more associated with the motoring public (Attachment C). In summary, the rezoning of the subject property from Central Commercial (C-2) to Commercial General (CG) could be considered logical and appropriate given established land use patterns along the freeway and compliance with the General Plan. Analysis would support the proposed Zone Change, as it will not significantly impact the surrounding area due to built-in use controls of the Commercial General (CG) District, similarities with the surrounding commercial Districts, and existing zoning configuration already established in the City (Attachment D). Desicn Review and Conditional Use Permit Should the Planning Commission recommend approval of the Zone Chance, the applicant is requesting concurrent review of a Design Review and Conditional Use Permit to permit the construction of a self -serve, coin-operated car wash with six (6) washing bays and four (4) vacuum pumps (Attachment E). The 2,933 square foot car wash building is proposed to be located centrally on a proposed .40 acre site. The building is to be 27'-0" in height with a central tower element which is 34'-0" in height. The maximum height perm'-tted within the Commercial General (CG) District is 35'-011. The architecture is a utilizes clean lines and simple detailing fitting for the functional nature of the building. The proposed colors and finishes for the car wash building are to be an off - whit= (pacific sand) stucco with a terra cotta stucco base. The facia above the washing bays is proposed to be a light aqua colored Planning Commission Report Conditional Use Permit 92-038, Zone Change 92-003, and Design Review 92-050 March 22, 1993 Page 5 stucco with dark aqua colored tile accents. The interior of the washing bays is proposed to be finished in an anti -graffiti coating, which is off-white in color. Staff is also proposing an anti -graffiti coating of all accessible wall surfaces. The car wash building is proposed to have a soft terra cotta colored tile roof. The building is proposed to consist of six (6) washing bays. The orientation of the washing bays facing E1 Camino Real frontage does not comply with the City of Tustin Handbook for Planning, Zoning and Development Guidelines, which requires service bays to be oriented so as not to be visible from public right-of-way view. The applicant has stated that a site design which orients the washing bay openings away from the street frontage and public right-of-way view would not only reduce the economic viability of facility but also would restrict the views into the interior of the site and compromise the feeling of security and safety. The Community Development and Police Departments recognize the need for security. As mitigation measures for the service bay orientation, the applicant is proposing to provide a combination of solid wall and decorative metal fence with decorative masonry columns along the westerly property line. The solid wall will be located in the front portion of the site to mitigate the visual impact of the proposed structure. The decorative metal fencing will be located to the rear portion of the site to permit visual surveillance of the rear portion of the site. The applicant is also proposing to increase planting at the westerly line thus limiting the public right-of-way views to the immediate project frontage. The landscape along the immediate frontage will consist of canopy trees and earth berming with low shrubs and groundcover designed to limit the visual impact of the structure and paving areas but at the same time providing a unobstructed window into the project for surveillance and security between the lower tree limbs and the planting at the around level. Vine planting landscape areas are proposed to be located adjacent to the columns of the structure to further soften the expanse of the structure's facade. conditions of approval have been included in the provided Conditional Use Permit resolution with regard to the increased landscape and. proposed fencing treatment. The site has been designed so that vehicles entering the site may drive directly into the washing bays or may drive around the car wash building to vacuum pump islands. The vacuum pump islands and their associated parking spaces are oriented at the rear of the property adjacent to the Santa Ana (I-5) freeway. It is anticipated that the proposed vacuum pumps will not produce noise Planning Commission Report Conditional Use Permit 92-038, Zone Change 92-003, and Design Review 92-050 March 22, 1993 Page 6 in excess of the City's Noise Ordinance during operation. Manufacturer information regarding the vacuum pumps states that the calculated sound level will be approximately 52 dBA and 60 feet from the unit. In this location, approximately 95 feet from the public right-of-way, the noise anticipated from the proposed vacuums will be attenuated by the distance, the proposed building, and landscape. A condition of approval has been included requiring the project to comply to the City's Noise Ordinance. Access to the site is proposed from a single 35 -foot wide driveway apron along E1 Camino Real. The Public Works Department has indicated that a 30 -foot wide driveway apron would be adequate for the proposed project. The 30 -foot driveway apron would be located adjacent to the westerly property line and would be as far away as possible from the intersection of E1 Camino Real and Orange Street. This location will reduce potential conflicts between on-site and street vehicular circulation. The existing driveway approach located at the easterly portion of the site will be removed. conditions of approval have been included in the provided Conditional Use Permit resolution with regard to the required decreased width of the drive apron and the removal of the existing driveway apron. In previous similar applications for car wash facilities, the Planning Commission and the City Council has expressed concerns regarding traffic and circulation impacts. Since the subject site is currently vacant, any development would generate additional vehicular trips to the site and the need for additional parking facilities. Due to the site close proximity to the Orange Street intersection, the location of an existing driveway adjacent to the easterly property line (Pet hospital) and comments provided by the City of Tustin Community Development and Public Works Departments; a single driveway apron is proposed to be located adjacent to the westerly property line. At this location vehicles entering and exiting the site will not reduce the efficiency of existing left turning movements from E1 Camino Real onto Orange Street or Newport Avenue. Along the project frontage, E1 Camino Real has a straight roadway section with no horizontal or vertical curvature, therefore the proposed driveway will not be subject to reduced sight visibility. The westerly location also provides the opportunity for a joint driveway in the event of future development on the adjacent vacant property. A potential of a joint driveway between the subject site and adjacent future development may potentially reduce the impact of future traffic. Planning Commission Report Conditional Use Permit 92-038, Zone Change 92-003, and Design Review 92-050 March 22, 1993 Page 7 Based on the submitted development plans and the 1993 Institute of Traffic Engineering (-TE) Trip Generation Manual, it is anticipated that the peak traffic generation times (greatest traffic activity generated) for the rroject will occur Saturday and Sunday with approximately 212 tris per day (106 inbound and 106 outbound). It is anticipated that the project will generate approximately 48 trips per day (24 inbound and 24 outbound) during the weekday P.M. peak -hours of 4:00-6:00 pm. The critical impact periods (worse case scenario times) for the E1 Camino Real and Newport Avenue intersection occur weekdays at 7:00 to 9:00 AM and 4:0& to 6:00 PM. The peak traffic generation times for the proposed project occur outside of the normal weekday AM -PM peak -hour window and therefore the project will not have a significant impact on the AM and PM peak -hour weekday traffic operation In conjunction with the Caltrans, Santa Ana (I-5) Freeway widening project in this area, additional travel lanes (an eastbound and westbound travel lane) were added to E1 Camino Real. This improvement implemented the master planned status of the street to a secondary arterial highway, thus increasing the carrying capacity of El Camino Real from 11,300 ACT to 22,500 ACT at a level of service D. E1 Camino Real is currently operating at a level of service A (11,720 ACT' between Red Hill Avenue and Newport based on the City of Tustin Public Works Department November 20, 1992 traffic counts. Based on the above information, it is determined that the proposed project will not have significant traffic impacts upon the circulation system and will not have a significant impact to the area in the form of cumulative negative circulation impacts. Circulation and parking areas on the site are largely proposed to be concrete pavement to facilitate the necessary parking and on- site circulation. Tae applicant is also proposing accent paving bands of exposed aggregate concrete in a terra cotta color to match the proposed buildinc base color stucco. The applicant has proposed at this time to only provide a six (6) foot wide landscape setback area along the site's El Camino Real frontage. Section 9235f(2) (a) of the Tustin Zoning Code and Section I.B.2a of the City of Tustin Landscape and Irrigation Guidelines would require a ten foot landscape area. However, the applicant has designed the six foot setback area in order to accommodate a 31 -foci wide on-site drive aisle in front of the proposed building facing E1 Camino Real. The applicant has stated that the increased d=ive aisle width is necessary to accommodate the turning radii c- patron's vehicles (cars, trucks, campers, Planning Commission Report Conditional Use Permit 92-038, Zone Change 92-003, and Design Review 92-050 March 22, 1993 Page 8 recreational vehicles) and on-site circulation of the facility. Staff is recommending that the landscape setback area along the El Camino Real frontage be increased to ten (10) feet in width. This would result in reduction of the subject on-site drive aisle to 27 - feet in width which complies with the City's minimum 25 -foot width drive aisle requirement. The City's standard requirements have been developed to accommodate various types of vehicles and the_r turning movements. A condition of approval has been included _-n the provided Conditional Use Permit resolution requiring the landscape setback area along E1 Camino Real to be increased to =0 feet in width. The applicant is proposing that the car wash facility be available for use 24 hours a day. The applicant has stated that a part-time employee will be on-site during the peak hours of operation to provide assistance to patrons and to maintain the property. _ However, the applicant is not anticipating that the facility will have a high attendance rate in the later hours of the evening. A single employee parking space has been provided in the southeast corner of the project. A condition of approval has been included in the provided Conditional Use Permit resolution requiring the applicant to provide signs stating "employee parking only". The applicant also proposes to provide a number of vending machines which will dispense car care products. The proposed vending machines are designed to be integral within the proposed car wash building and will be serviced by an on-site employee through the service room located in the center of the building. The applicant is not proposing the installation of any food or drink vending machines. Based on the concerns of loitering and vandalism, and the limited locations available on the site, a condition of approval has been recommended prohibiting the installation of any freestanding vending machines. Tile conceptual lighting plan for the project includes 14 -foot decorative pole lights, building mounted wall-pac fixtures and fluorescent light fixtures within the washing bays. The applicant proposes to install timing devices on the light fixtures which will turn off approximately 300 of the lights in the later hours c_` the night, reducing the overall light generated on site. 7he development plans illustrates two (2) wall-pac fixtures to he located on the front facade of t -e building and a single wall-pac fixture to be located on the east facade of the building. The City of Tustin's Security Ordinance requires a minimum of one (_) footcandle of light coverage anywhere on the site. In addition, all exterior lighting shall be designed and arranged so not :o direct light or glare onto adjacent properties and right -of -wars. Planning Commission Report Conditional Use Permit 92-038, Zone Change 92-003, and Design Review 92-050 March 22, 1993 Page 9 There is concern that wall-pac fixtures will cause unwanted glare to be emitted from the site onto the adjacent right-of-way. A condition of approval has been included in the provided Conditional Use Permit resolution requiring the applicant to replace the proposed wall pac-fixtures with decorative pole lighting. A condition of approval also has been included in the provided Conditional Use Permit resolution requiring the applicant to provide a photometric study showing the location and anticipated distribution pattern of light of all proposed fixtures. As previously stated, all exterior lighting shall be designed and arranged so not to direct light or glare onto adjacent properties, including the adjacent I-5 Freeway. The applicant has illustrated on the elevations two proposed locations for project signs: a primary wall sign to be located on the north elevation of the car wash building and one (1) secondary wall sign to be located on the east elevation of the proposed tower element. Pursuant to the City of Tustin Sign Code, the project is permitted one (1) primary wall sign, not to exceed 70 square feet in sign face area and two secondary wall signs, not to exceed 25 square feet in sign face area each. The primary wall sign is proposed to be only 50 square feet in size and the secondary wall is proposed to be 15 square feet in size. The conceptual landscape design for the site includes plantings of perimeter shade trees and street trees with a combination of evergreen shrubs, vines, groundcovers, flowering perennial, and turf as a base. The landscape planting areas are primarily located along the perimeter of the subject site with additional planting areas located adjacent to the east and north elevations of the car wash building. Conditions of approval have been included in the provided Conditional Use Permit resolution requiring the applicant to increase the landscape setback area along the E1 Camino Real frontage to ten (10) feet in width and to provide vine planting landscape areas adjacent to the north elevation of the building. This landscape area is required to mitigate the visual impact of paved areas and the structure. Pursuant to the City of Tustin Landscape and Irrigation Guidelines, the applicant has provided a Landscape Summery cn the site plan listing the quantity requirements to be provided on the site. A final landscape plan is required to be submitted at Building Plan Check. The applicant is proposing to utilize a water recycling system for the project's water reeds. The washing bay areas will surface drain into catch basins which collect the wash water and transports the "dirty" water to a tank located in the central portion of the building. From this point, the water and dirt products are Planning Commission Report Conditional Use Permit 92-038, Zone Change 92-003, and Design Review 92-050 March 22, 1993 Page 10 separated. A portion of the water is then recycled for uses in the washing bays with the remainder of the water to be deposited into the sanitary sewer system for treatment which is in compliance with the Orange County Sanitation District recrsirements. The applicant anticipates recycling approximately 25 percent of the daily water usage of the project. Neither the City of Tustin Water Department, the Regional Water Quality Control Board nor the Orange County Sanitation District would currently require the applicant to provide a water recycling system for the project. This feature of the project is a voluntary action on the part of the applicant. There currently exist four (4) soil/around water reclamation projects within one mile of the subject site, being observed by the Orange County Health Department, Environmental Division. The closest soil reclamation site is a monitoring and vapor extraction well located at the northeast corner of Newport Avenue and E1 -- Camino Real, northwest of the subject site. This site has an existing free product plume which extends to the southwest of site. Based on 4th Quarter monitoring reports conducted by Applied Geosciences, Inc. for the Southern Counties Oil Company, monitoring wells closest to the proposed car wash site indicate that neither free product nor extensions of the existing plume have been detected. Based on past historic records of the Orange County Health Departments, the subject site has no records showing the need for soil/ground water reclamation systems. A standard condition of approval for new development is the required submittal of a site specific soils report. This report must have been conducted within 12 months prior to the issuance of any building permit for the project. A condition of approval has been included Conditional Use Permit resolution rec-iiring the applicant to provide expanded information regarding the levels of hydrocarbons and ground water contamination found on site in the submitted soils reports. Conditional Use Permit Findings In determining whether to approve this Conditional Use Permit request, the Planning Commission must deiermine whether or not the establishment and operation of a self -serve, coin operated, car wash will be detrimental to the health, safety, morals, comfort and general welfare of persons residing or wcrking in the neighborhood of the use; or whether the use will be injurious or detrimental to property and improvements in the neighborhood or the general welfare of the City. Planning Commission Report Conditional Use Permit 92-038, Zone Change 92-003, and Design Review 92-050 March 22, 1993 Page 11 The following evidence supports granting of the requested Conditional Use Permit: The operation and installation of the proposed self -serve, coin operated, car wash use will not be detrimental to the health, safety, morals, comfort and general welfare of persons residing or working within the neighborhood in that the site will provide a water recycling system and shall comply with the Orange County Sanitation District guidelines for discharge produced on site. The site lighting will be designed to provide adequate lighting for security purposes, and as well as provide timing devices to reduce glare produced on site. The vacuum pumps have been located to the rear of the site permitting the noise produced by the pumps to be attenuated across the site. The applicant proposes to install landscaping adjacent to walls and to paint. the interior of the washing bays with "anti -graffiti" coating to reduce the opportunity for vandalism and graffiti. As conditioned, the site will provide minimal vending machines to reduce the opportunity for criminal element. The operation and installation of the proposed self -serve, coin operated, car wash use will not be injurious or detrimental to property and improvements in the neighborhood or the general welfare of the City in that, the proposed use is similar and compatible with the surrounding existing uses. The car wash use would not be expected to have any additional impacts in terms of traffic, water and sanitation requirements and utility usage than existing commercial zoned parcels surrounding the site. As conditioned, any potential adverse impacts related to noise, light, or water quality will be mitigated through conditions of approval. 3. The operation and installation of the proposed self -serve, coin operated, car wash use will not be detrimental to the health and safety of persons residing or working within the neighborhood nor will the proposed project be injurious or detrimental to property and -improvements in the neighborhood or the general welfare of the City in that the proposed car wash building is in scale with the surrounding existing structure and is proposed to be of a compatible architectural design. The applicant is proposing the installation of landscaped areas located at the perimeter of the site and adjacent to the car wash building to soften the impact of the proposed building's massing. The proposed landscaped areas will also soften the impact of the expanses of paved areas throughout the site. Planning Commission Report Conditional Use Permit 92-038, Zone Change 92-003, and Design Review 92-050 March 22, 1993 Page 12 4. The operation and installation of the proposed self -serve, coin operated, car wash use will not be injurious or detrimental to property and improvements in the neighborhood or the general welfare of the City, in that, the drive apron servicing the site has been located in such a way as to not reduce the existing street traffic patterns. The on-site circulation and detailing spaces have been designed to reduce the potential for traffic conflicts by providing adequate drive aisle widths, and drying and detailing spaces. CONCLUSION Based on the analysis provided in this report, and review of the conditions of the site and surrounding vicinity, it is recommended that the Planning Commission take the following actions: 1. Approve the Environmental Determination for the project by adopting Resolution No. 3130; 2. Recommend to the City Council approval of Zone Change 92-003 by adopting Resolution No. 3131, as submitted or revised; 3. Approve Conditional Use Permit 92-038 by adoption of Resolution No. 3132, as submitted or revised; and 4. Recommend to the Redevelopment Agency approval of Design Review 92-050 by adopting Resolution No. 3133, as submitted or revised Joann M.S. Perry Associate Planner CAS:JP:br/zup92-038.jp Christine A. Shineton Assistant City M_ ager Community Development Enclosures: Attachment A - Existing Zoning Districts Attachment B - Surrounding and Freeway Corridor Zoning Districts Attachment C - Surrounding and Freeway Corridor Land Use Designations Attachment D - Proposed Zoning Districts Attachment E - Site Plan and Elevations Attachment F - Negative Declaration and Initial Study Resolution No.s 3130, 3131, 3132, and 3133 \ \ C — / u.tl r I I , I O Q I •`� m � 109 zxoy 2t ! n O G 2 Q W I z! z __-1•Z ZJ / ze �67.f ORANGE PET HOSPIT 2 E u � O P.Y. 90-33 BO' \ MARCH 1983 C FOR. L 33 Q AVENUE � LT 3 BLK y PAR. \ ° 13 O I 12 O ? sn .r•' -,- /O Jc' nPi /cJ !) 38 ,c...aV 35 36 PAR ug AVEi:UE \ e V crf \ a 6 2 W i 13 o i4 c (IT � V- 01747 42 ' a0�39 r EXISTING ZONING DISTRICTS NO SCALE ATTACHMENT A 401-64 AVENUE — NEWPORT o MART 'S _ a -_ '0" 3 JACK ' IZZLERIN 71E BOX Q R ,3 -ley BL K. C- Is � O V Q \ O Q o M __ • �_ 9 I O PPP. LOT 3! 1 > \ \ C — / u.tl r I I , I O Q I •`� m � 109 zxoy 2t ! n O G 2 Q W I z! z __-1•Z ZJ / ze �67.f ORANGE PET HOSPIT 2 E u � O P.Y. 90-33 BO' \ MARCH 1983 C FOR. L 33 Q AVENUE � LT 3 BLK y PAR. \ ° 13 O I 12 O ? sn .r•' -,- /O Jc' nPi /cJ !) 38 ,c...aV 35 36 PAR ug AVEi:UE \ e V crf \ a 6 2 W i 13 o i4 c (IT � V- 01747 42 ' a0�39 r EXISTING ZONING DISTRICTS NO SCALE ATTACHMENT A Rtll :/R t• . RTIrt 1I \R1kl`.. ti'-- T R4 PD , P&I Cl CG I NHP o C1 R� R6 Ra cl 500 R3 4000 R 10 _ 2000 IFF2 I Ra RC PD PC R 3 - 6000 — 2350 I �� SURROUNDING AND FREEWAY CORRIDOR ZONING DISTRICTS CITY OF TUSTIN ZONING EXHIBIT NO SCALE cEMt K � N�� ATTACHMENT B SURROUNDING AND FREEWAY CORRIDOR LAND USE DESIGNATIONS CITY OF TUSTIN GENERA�,PLAN EXHIBIT NO SCALE IN� MMISsID#J ATTACHMENT C C -2P 4o1-64 F - r\ `? AVENUE PG -Gomr, NEWPORT IZZLER � 4 � o z x AVENUE 15 x,.Pf /T s E ' 13 OL p 1.31 i 12 rra' /E PG -Gomr, NEWPORT IZZLER P. 18-41 JACK INT E BOX yl Q: - °s 15 a1-ouu�oc BLK. z v roORJJJ*Tg - ..'- c C 15 /T s E POIe LOT JJ I OL p rra' /E x I u.rl 13 � U I ZO J 3-124 2 \ 0 43 = 2 1 O J✓-_ no" 4 Zt Q d) V m I / v I O .•G � � W 1 f ��_ zJ 2 PON. LOT \ i \C e 4.arc xo ORANGE G \ PET U HOS7 L \ MARCH 1.983 - POR.L Q 41 Qz t T \ Gl 3 BL K. I f. I< c\Iti IS r J AVENUE p Lo 2 Q ^ 13 o IG a 15 16 ^ m NC 747 c NO SCALE PR(lDrlQGtl 7nKllhl(, IIICTQIr`TC ATTT'ACHIMENT o 1' \ 4o1-64 6 - --- s g' NEWPORT AVENUE r I e 011- .oP ` SIZZLER JACK v ) I ___ 14kQ --p \ IN THE BOX Q: •� ;,!3 D O✓ 17 I U � •I+o' __------- �. BLK. C. ✓ Q 0 u M K 9 151— s I w O` vae. for J3 I > NO SCALE PROPOSED CAR WASH SITE aTTACHMEl\TT E \ I I� cI 6 � 13� I i9 I e IO J 3 i I U � •I+o' Q f(1 P.M. M -M B J u J19 :S'D 1 z7 �, n G _--r--------^r. i 0- \ . 9L "M ORANGE n .eO \ _ a SPIT AL 2 O< O o V �PET•H . PN. 94-33 �. ••.¢ \ � Q MARCh1983 re.• POR.t 33 � AVENUE a BL K � PAR. \ m 1 vz s 13 .e 064 s ,4 32 W 37 „ — 14 GRRZ , AVENUE I • � I° 16 o Z 41 v, Z .I �I NQ._ 247 :2w . as oe' °/ rz' a0 39 •''° NO SCALE PROPOSED CAR WASH SITE aTTACHMEl\TT E S I I r �- ��i T 1 yLl I �� � � •.••,�; yk 7LLL �. If�TLL -iJ � $�✓/�� �� .IMN FIJI—i! y3NN X�✓&�U— "�✓ J��.s�—' � I;' v � ��.srn -� � �+� I � ddnar,++ x.✓u�,_L .s t It R va?Zb '-IJ ,,iL_J- ®53W�a :Obi �J>IG-.� 9hU-j-'li6t-b L i ^i , o, o� NEGATIVE DECLARATION CITY OF TUSTIN GS C� 300 CENTENNIAL WAY, TUSTIN, CA. 92680 Project Title: ZONE CHANGE 92-005, File No. DESIGN REVIEW 92-050, AND CONDITIONAL USE PERMIT 92-038 Project Location: SOUTHERLY SIDE OF EL CAMINO REAL, EAST OF NEWPORT AVENUE SEE.ATTACHED PUBLIC NOTICE FOR FURTHER INFORMATION Project Description: REQUEST TO CHANGE THE ZONING DISTRICT CLASIFICATION FROM C-2 TO CG; AND TO DEVELOP__AND OPERATE A SELF SERVE CAR WASH Project Proponent: FRONTRUNNER HOMES Contact Person:JOANN M.S. PERRY Telephone: 714/544-8890 Ext. 478 The Community Development Department has conducted an initial study for the above project in accordance with the City of Tustin's procedures regarding implementation of the California Environmental Quality Act, and on the basis of that study hereby find: That there is no substantial evidence that the project may have a significant effect on the environment. ( 1 That potential significant affects were identified, but revisions have X been included in the project plans and agreed to by the applicant that would avoid or mitigatethe affects to a point where clearly no significant effects would occur. Said revisions are attached to and hereby made a part of this Negative Declaration. Therefore, the preparation of an Environmental Impact Report is not required. The initial study which provides the basis for this determination 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 a Negative Declaration and extends for seven calendar days. Upon review by the Community Development Director, this review period may be extended if deemed necessary. REVIEW PERIOD ENDS 4:30 p.m. on MARCH 22, 1993 DATED: FEBRUARY 25> 1993 Community Development D - c ATTAC�H� NST��'F a DISCUSSION OF ENVIRONMENTAL EVALUATION ZONE CHANGE 92-005, CONDITIONAL USE PERMIT 92-038 AND DESIGN REVIEW 92-050 FEBRUARY 25, 1993 PROJECT DESCRIPTION The proposed project is a request for Zone Change 92-005 from the Central Commercial (C-2) District to the Commercial General (CG) District. The applicant is also processing concurrently Conditional Use Permit 92-038 to permit the construction and operation of a self -serve car wash in the Commercial General (CG) District; and Design Review 92-050 for the review of the physical development related to the proposed self -serve car wash. The Zone Change is subject to City Council review and approval. The Conditional Use Permit is subject to Planning Commission approval and the Design Review is subject to approval by the Community Development Department. The project site, a .40 acre parcel located on the southerly side of E1 Camino Real, east of Newport Avenue (see location map). _ The site is presently vacant. Surrounding uses to the site include the Tustin Lanai Apartments and an small office complex across E1 Camino Real to the north, Tustin High School further east on E1 Camino Real, and the Tustana Pet Hospital to the east. Located south of the subject site is the Interstate 5 Newport Avenue northbound off ramp and vacant property zoned C-1 to the west. Sizzler and Jack In The Box restaurants are located further to the west adjacent Newport Avenue. A vacant parcel, zoned Commercial General (CG), is located to the northwest across E1 Camino Real. 1. Earth - B "Yes" A C through G "NO" - The subject site is currently vacant and is relatively flat in its topographical features. Any development of the site would require minor grading activity, compaction of the soil and the overcovering of the soil to create building pads and parking areas. Appropriate grading plans and soil reports would be required as part of the City's review and Building Permit plan check process. Sources: Field Observations, Submitted Development Plans, City of Tustin Community Development Department. Mitigation/Monitoring: The applicant would be required to submit a soils report completed within 12 months prior to Building Permit Plan Check. The soils report shall provide expanded information regarding the levels of hydrocarbons and ground water contamination found on site. The applicant shall also submit a letter stating hazardous material clearance of the site from the Orange County Health Department. The applicant would be required to submit grading plans identifying the scope of work at Building Permit Plan Check. All work shall be done in conformance with the Uniform r Discussion of Environmental Evaluation Zone Change 93-005, Design Review 93-050 and Conditional Use Permit 92-038 (Mayell/King's Hwy. Carwash) February 25, 1993 Page 2 Building Code, Grading Code and Grading Manual as required by the Building Official. 2. Air - A through C "No" - The proposed project would not result in any long term degradation to the existing air quality. However, with construction there will be short term air quality pollutants as dust particles will be omitted into the air. No significant impacts are expected. Source: Submitted Development Plans, South Coast Air Quality Management District, City of Tustin Community Development Department Mitigation/Monitoring: The site will be required to comply with grading plan approvals with regard to dust control, which requires the applicant to apply water to the site as specified in the Grading Code and Grading Manual. This will be monitored by the Building Division when construction commences. 3. Wates B "Yes" E "Maybe" A C D 6 F through I- "NO" - The proposed project would add impervious surfaces to the site which would effect drainage and run off. As proposed, the parking and vacuum areas of the project will surface drain into the existing storm drain system. It is not anticipated that this project will substantially contribute to the drainage flow and is in compliance with the Drainage Area Management Plan for the City of Tustin as designated by the Regional Water Quality Control Board. The project is also designed so that the washing bay areas surface will drain into water recycling catch basis which recycle approximately 25 percent of the daily water usage of the project. The remainder of. the water will be deposited into the sanitary sewer system for treatment which is in compliance with the Orange County Sanitation District requirements. Currently, neither the City of Tustin Water Department, the Regional Water Quality Control Board nor the Orange County Sanitation District would require the applicant to provide a water recycling system for the project, the feature of the project is a voluntary action by the applicant. The subject site is not located near any standing or moving bodies of water. source: Field Observations, City of Tustin Community Development Department, City of Tustin Public Works Department, Orange County Sanitation District, Regional Water Quality Control Board Discussion of Environmental Evaluation Zone Change 93-005, Design Review 93-050 and Conditional Use Permit 92-038 (Mayell/King's Hwy. Carwash) February 25, 1993 Page 3 Mitigation/Monitoring: The site will be designed so that all parking and vacuum area surface run off is directed to and picked up by the storm drain system. The site will be designed so that all washing bay water be collected on site and tied into the sanitary sewer system, either with or without a water recycling system. All grading and drainage plans shall be subject to review and approval by the City of Tustin's Building Division and the Public Works Department to confirm compliance with Drainage Area Management Plan prior to construction. Alterations to the drainage would be subject to further review and approval by the City of Tustin Community Development.and Public Works Departments. 4. Plant Life - A through D - "No" - The project site is free from any unique, rare or endangered species of plant life. _ The proposed project would introduce landscape and specimen trees on to the site in conformance with the requirements of the City of Tustin's Landscape and Irrigation Guidelines. Source: Field Observations, Proposed Development Plans Mitigation/Monitoring: None Required. 5. Animal Life - A through D - "No" - The subject site is located within an urban area and was previously developed with a commercial uses. The site is not inhabited by any known species of animals. Installation of the proposed project would have no impacts on animal populations, diversity of species or migratory patterns. Source: Field Observations Mitigation/Monitoring: None Required. 6. Noise - A "Yes", B - "No" - The proposed project would add new noise sources into the area since the property is presently Undeveloped. The development of the project will result in short term construction noise impacts which will require compliance with the City's Noise Ordinance. As designed, the water recycling equipment and washing equipment pumps will be housed within the car wash building in the central utility _ room. The project proposes to locate the vacuum pumps to the rear of the site, adjacent to the I-5 Newport Avenue off -ramp wall. In this location, the noise emitted from the vacuums will be attenuated over the full depth of the site. Given the existing noise levels of 65 to 70 dBa in the area generated by the I-5 Freeway and surrounding street system (E1 Camino Real Discussion of Environmental Evaluation Zone Change 93-005, Design Review 93-050 and Conditional Use Permit 92-038 (Mayell/King's Hwy. Carwash) February 25, 1993 Page 4 and Newport Avenue), the proposed project is not expected to impact the ambient noise levels in the area. The proposed project would be potentially operating 24 hours/day. The equipment will be required to conform to the City's Noise Ordinance, which applies to commercial zones at a standard level of 60 dBA. Source: Frontrunner Homes, Community Development Department, Field Observations Mitigation/Monitoring: All development related noise generated shall be in accordance with the City of Tustin Noise Ordinance which, in part, limits noise generation to a maximum of 60 dBa and restricts construction hours, which would be verified by the Community Development Department. 7. Light and Glare - "Yes" - Since the project site is vacant, any development would add new lighting into the area. The proposed project would be potentially operating 24 hours/day. The applicant proposes to install timing devices on the light fixtures which will turn off approximately 30% of the lights in the later hours of the night, reducing the overall light generated on site. Any exterior lighting that would be provide would comply with the City of Tustin Security ordinance. Source: Field Observations, Proposed Development Plans Mitigation/Monitoring: The applicant shall provide a photometric study showing the location and anticipated distribution pattern of light of all proposed fixtures. All exterior lighting shall be designed and arranged so not to direct light .or glare onto adjacent properties, including the adjacent I-5 'Freeway. All lighting shall be developed to provide a minimum of one (1) footcandle of light coverage, in accordance with the City's Security Code. 8. Land Use - "No" - The subject site currentlly stradles two zoning districts, Central Commercial (C-2) District and Commercial General (CG) District. The proposed project is to rezone the westerly portion of the site from Central Commercial (C-2) District to Commercial General (CG) District and to develop a self -serve coin operated car wash at the site. Generally the zoning designation directly adjacent to the I-5 Freeway fall within the Commercial, and Industrial categories which includes the CG and C-1, C-2 and PM Districts. Additionally, the General Commercial (CG) District Discussion of Environmental Evaluation Zone Change 93-005, Design Review 93-050 and Conditional Use Permit 92-038 (Mayell/King's Hwy. CarwaSh ) February 25, 1993 Page 5 is appropriate when adjacent to the freeway as it offers a greater diversity of uses which generally can utilize the freeway exposure such as, but not limited to, service stations and other auto related uses. Surrounding Zoning Districts to the subject site include Retail Commercial (C-1) across E1 Camino Real to the north, Public and Institutional (P&I) east on E1 Camino Real, and to the west of the subject property is the Tustana Pet Hospital which is zoned C-1. There are no uses on the south side of the subject property as the property abuts the Santa Ana (I-5) Freeway Newport Avenue off ramp. The vacant property to the west of the subject site is zoned Retail Commercial (C-1)• Sizzler and Jack In The Box restaurants, zoned Central Commercial (C-2), are located further to the west adjacent to Newport Avenue. The vacant parcel located to the northwest across E1 Camino Real is zoned Commercial General (CG). The development of the property would be in compliance with the planned commercial use of the area as specified on the General Plan Land Use Map. Source: Proposed Development Plans, City of Tustin Community Development Department Mitigation/Monitoring: None Required. 9. Natural Resources - A and B - "No" - The proposed project would result in construction use of materials that are non- renewable. However, the usage will be minimal given the scale of the project. The applicant proposes to install timing devices on the light fixtures which will turn off approximately 30% of the lights in the later hours of the night, reducing the overall electrical energy consumption of the project. The project will use a gas water heater. Source: Proposed Development Plans, City of Tustin Community Development and Public Works Departments Mitigation/Monitoring: The applicant shall utilize recycled materials where appropriate. 10. Risk of upset - "No" - The proposed project would not result in any significant risk of upset (i.e. explosion, etc.) given the scope and nature of the proposed use. All mechanical and electrical equipment associated with the carwash would comply with Uniform Building and Fire Codes. Discussion of Environmental Evaluation Zone Change 93-005, Design Review 93-050 and Conditional Use Permit 92-038 (Mayell/King's Hwy. Carwash) February 25, 1993 Page 6 Source: Orange County Fire Department, Proposed Development Plans, City of Tustin Community Development Department Mitigation/Monitoring: All construction shall be in accordance with applicable Uniform Building and Fire Codes. Such compliance shall be verified during the plan check process prior to the issuance of any Building permits. 11. Population - "No" - The proposed project is a commercial infill project and would not result in any direct increase in population in that no addition dwelling units would be created. This small scale project would be designed to meet the needs of the existing residents and businesses of the community. The project would have no impact of the location, growth, distribution or density of the population in the surrounding area. Source: City of Tustin Community Development Department Mitigation/Monitoring: None Required. 12. Housing - "No" - The proposed project is a commercial infill project and would not result in any direct increase in population in that no addition dwelling units would be created. This small scale project would be designed to meet the needs of the existing residents and businesses of the community. The project would have nc impact of the location, growth, distribution or density of the population in the surrounding area. Source: City of Tustin Community Development Department Mitigation/Monitoring: None Required. 13. Transportation/Circulation - B "Yes",• A C, D, and F "Maybe": E "No" - Since the site is vacant, any development would generate additional vehicular trips to the site and the need for additional parking facilities. The proposed project provides for the needed parking on site. Due to the site close proximity to the Orange Street intersection, location of an existing driveway adjacent to the easterly property line (Tustana Pet Hospital) and comments provided by the City of Tustin Community Development and Public Works Departments, the applicant has proposed that a single, 30 foot wide, driveway apron be located adjacent to the westerly property line. At this location traffic entering Discussion of Environmental Evaluation Zone Change 93-005, Design Review 93-050 and Conditional Use Permit 92-038 (Mayell/King's Hwy. Carwash) February 25, 1993 Page 7 and existing the site will not reduce the efficiency of the existing left turning movements from E1 Camino Real onto Orange Street or Newport Avenue. Along the project frontage, E1 Camino Real has a straight roadway section with no horizontal or vertical curvature, therefore the proposed driveway will not be subject to reduced sight visibility. The westerly location also provides the opportunity for a joint driveway in the event of future development on the adjacent vacant property. A potential of a joint driveway between the subject site and adjacent future development may potentially reduce the impact of future traffic. Based on the submitted development plans and the .1993 Institute of Traffic Engineering (ITE) Trip Generation Manual, it is anticipated that the peak traffic generation times (greatest traffic activity generated) for the project will occur Saturday and Sunday with approximately 212 trips per day (106 inbound and 106 outbound). It is anticipated that the project will generate approximately 48 trips per day (24 inbound and 24 outbound) during the weekday P.M. peak -hours of 4:00-6:00 pm. The critical impact periods (worse case scenario times) for the El Camino Real and Newport Avenue intersection occur at 7:00 to 9:00 AM and 4:00 to 6:00 PM. The peak traffic generation times for the proposed project occur outside of the normal weekday AM -PM peak -hour window and therefore the project will not have a significant impact the AM and PM peak -hour weekday traffic operation. In conjunction with the Caltrans, Santa Ana (I-5) Freeway widening project in this area, additional travel lanes (an eastbound and westbound travel lane) were added to E1 Camino Real. This improvement implemented the master planned status of the street to a secondary arterial highway, thus increasing the carrying capacity of El Camino Real from 11,300 ACT to 22,500 ACT at a level of service D. El Camino Real is currently operating at a level of service A (11,720 ACT) between .Red Hill Avenue and Newport based on the City of Tustin Public Works Department November 20,1992 traffic counts. Based on the above information, it is determined that the proposed project will not have significant traffic impacts upon the circulation system and will not have a significant impact to the area in the form of cumulative negative circulation impacts. Discussion of Environmental Evaluation Zone Change 93-005, Design Review 93-050 and Conditional Use Permit 92-038 (Mayell/King's Hwy. Carwash) February 25, 1993 Page 8 Source: City of Tustin Community Development and Public. works Departments, Field Observations, proposed Development Plans Mitigation/Monitoring: The driveway apron shall be designed at a 30 foot width at the westerly property line to provide the potential for a joint driveway arrangement with future adjacent development. The proposed landscape adjacent to the driveway shall comply with sight visibility requirements. 14. Public Services - A throu h C "Ma be" D through F - -240-- - Since the project site is vacant, any development would require the services of the Fire and Police Departments. The City of Tustin Police Department has identified the need for visibility into the site for security measures and the need to reduce the opportunities for graffiti and vandalism. The applicant has sited the car wash building with the washing bays open to the public right-of-way to increase the ability for surveillance to the rear portion of the site. The applicant has also proposed to paint the wall surfaces with an "anti -graffiti" coating and to provided landscape planting areas adjacent to exposed wall areas to reduce the opportunities for graffiti and vandalism. It is not expected that the project would create demands for additional service on schools, parks, maintenance of public facilities or other governmental service. Source: orange County Fire Department, City of Tustin Police Department, Community Development and Public Works Departments Mitigation/Monitoring: The project landscape and grading shall be designed to provide security surveillance into the project. The development plans shall be verified for compliance at Building Permit plar. check. The applicant shall be required to pay school district fees to Tustin Unified School District. 15. Enemy - A and B - "No" - The proposed project would not result in any "significant" change in the current use of energy given the scale of new development but will require new services as is customary with new construction. The applicant proposes to install timing devices on the light fixtures which will turn off approximately 30% of the lights in the later hours of the night, thus reducing the overall electrical energy consumption. Any exterior lighting that would be provide would comply with the City of Tustin Sfcrrity Ordinance. Electrical and Gas capacities req project are existing and have been designed to accommodate Discussion of Environmental Evaluation Zone Change 93-005, Design Reviei: 93-050 and Conditional Use Permit 92-038 (Mayell/King's Hwy. Carwash) February 25, 1993 Page 9 future commercial projects on this parcel and are therefore adequate to serve the proposed project. Source: Southern California Edison, Southern California Gas, Public Works Department, proposed Development Plans. Mitigation/Monitoring: The applicant shall comply with Title 24 in regard to energy conservation. This shall be verified for compliance at Building Permit plan check. The applicant shall research the possibility of reduce energy lamps for all light fixtures. 16. Utilities - A through F - "No" - The project site is located within an existing commercial area with all utilities available to the site from E1 Camino Real. Sanitary sewer, storm drain and water capacities required for the project are existing and have been designed to accommodate future commercial projects, such as a self -serve car wash, on this parcel and are therefore adequate to serve the proposed project. The proposed project would not required the need for additional utilities to serve the site. The County of Orange has established goals to conserve water, the applicant has voluntarily proposed to install a water recycling system in conjunction with the car wash operation system. It is anticipated that the system will recycle approximately 25 percent of the daily water consumption for the project. Source: City of Tustin Public Works Department Mitigation/Monitoring: The applicant shall utilize a water reclamation system. It shall be identified on the - construction plans prior to issuance of building permits. 17. Human Health - A and B - "No" - The proposed project would not result in any effect on human health. The proposed use as a self -serve car wash would not create conditions that negatively effect human health. Currently there exist four soil/ground water reclamation projects within one mile of the subject site, being observed by the Orange County Health Department, Environmental Division. The closest soil _ reclamation site is a monitoring and vapor extraction well is located at the northeast corner of Newport Avenue and El Camino Real, northwest of the subject site. This site has an existing free product plume which extends to the southwest of site. Based on 4th Quarter monitoring reports conducted by Applied Geosciences, Inc. for the Southern Counties oil Company, monitoring wells closest to the proposed car wash Discussion of Environmental Evaluation Zone Change 93-005, Design Review 93-050 and Conditional Use Permit 92-038 (Mayell/King's Hwy. Carwash) February 25, 1993 Page 10 site indicate that neither free product nor extensions of the existing plume have been detected. Based on past historic records of the Orange County Health Departments, the subject site has no records showing the need for soil/ground water reclamation systems. Source: Proposed Development Plans, City of Tustin Community Development Department, Orange County Health Department Mitigation/Monitoring: The applicant would be required to submit a soils report completed within 12 months prior to Building Permit Plan Check. The soils report shall provide expanded information regarding the levels of hydrocarbons and ground water contamination found on site. 18. Solid Waste - "Maybe" - Since .the site is vacant, any development would generate additional solid waste requiring disposal by the City. The applicant proposes to provide trash receptacle of sufficient capacity to accommodate the proposed carwash use. Pursuant to the City of Tustin Municipal Code, the applicant is required to contract for trash removal services with the City's contracted hauler. The solid waste product is transported by the hauler to the Material Recovery Facility (MRF). Once at the MRF, the waste is manually and mechanically separated and the recyclable materials are recovered. This program has been implemented by the City in effort to meet the States requirements identified in the Source Reduction and Recycling Element related to the 25 and 50 percent diversion requirements. Due to the size and the type of use of the proposed project, it is anticipated that the amount of solid waste will be accommodated within the City's existing solid waste handling programs and will not have a significant impact on the City's Solid Waste Handling services. The City's existing solid waste handling program and contracts have been established to accommodate the development and expansion of new businesses within the City. Source: Proposed Development Plans, City of Tustin Public Works Department, Great Western Reclamation, Inc. Mitigation/Monitoring: The applicant will be required to contract for a fee with the City' contracted solid waste hauler. The applicant shall provide a trash receptacle which comply with the requirements of the City of Tustin's contract hauler's specifications. Compliance shall be verified at Discussion of Environmental Evaluation Zone Change 93-005, Design Review 93-050 and Conditional Use Permit 92-038 (Mayell/King's Hwy. Carwash) February 25, 1993 Page 11 Building Permit plan check. 19. Aesthetics - "Maybe" - The City of Tustin Community Development Department has identified that the orientation of the washing bays to the E1 Camino Real frontage does not comply with the City of Tustin Handbook for Planning, Zoning and Development Guidelines, which requires service bays to be oriented so as not to be visible from public right-of-way view. As proposed, the orientation of the open bays are identified as a negative impact to the public view. The applicant has stated that a site design which orients the washing bay openings away from the street frontage and public right-of-way view would not only reduce the economic viability of facility but also would restrict the views into the interior of the site and compromise the feeling of security and safety. The applicant has proposed to provide a combination of solid wall and decorative metal fence with decorative masonry columns along the easterly property line. The solid wall will be located in the front portion of the site to mitigate the visual impact of the proposed structure. The decorative metal fencing will be located to the rear portion of the site to permit visual survaillance of the rear portion of the site. The applicant is also proposing to increase the planting at the westerly line to limit the public right-of-way views to the immediate project frontage. The landscape along the immediate frontage will consist of canopy trees and earth berming designed to limit the visual impact of the structure and paving areas but at the same time providing a unobstructed window into the project for surveillance and security. Vine planting pockets are proposed to be located adjacent to the columns of the structure to further provide planting to soften the expanse of the structure. Source: Proposed Development Plans, Field observations Monitoring: The site will be designed to provide landscape and hardscape screening along the easterly and westerly property lines as described above. A visual buffer consisting of landscaping and earth berms shall be provided along the E1 Camino Real Frontage in accordance with the City of Tustin Landscape and Irrigation Guidelines. Such compliance shall be verified during the plan check process prior to the issuance of any building permits. 20. Recreation - "No" - The project is non-residential in nature and is not located in proximity to recreational facilities. It will have no impact on quality of recreation opportunities Discussion of Environmental Evaluation Zone change 93-005, Design Review 93-050 and Conditional Use Permit 92-038 (Mayell/King's Hwy. Carwash) February 25, 1993 Page 12 in the community. Source: City of Tustin Community Services Department, City of Tustin General Plan Land Use Element Mitigation/Monitoring: None Required. 21. Cultural Resources - A Through D "No" - The subject property is not located within the City's Cultural Resources overlay District, nor are there any identified cultural, historic or archaeological resources identified on or around the site. The project will would have no impacts on cultural resources Source: City of Tustin Historical Resources Survey, City of Tustin General Plan, City of Tustin Community Development Department Mitigation/Monitoring: None Required. 22. Mandatory Findings of Significance - As discussed above, the proposed project involves the construction and operation of a self-service, coin-operated car wash. The construction of the proposed project could result in potential impacts to the environment in the areas of water, noise, light and glare, transportation and circulation, and aesthetics. However, due to the project design and conditions imposed, the potential impacts would be reduced to a level of insignificant. Item a - "No": Based upon the responses to Items 1 - 21 in this Initial Study, the review of City files, records and documents and the nature of the project, the project is not anticipated to significantly impact wildlife, fish, flora, fauna or cultural resources. Item b - "Maybe": Without the mitagation measures and monitoring provided herein, the project may achieve short-term goals to the disadvantage of long term, evironmertal goals, specifically with regard to traffic and circulation, water and light and glare. However, due to the project design and conditions imposed, such as relocation of the driveway apron, water recycling system and the potential impacts would be reduced to a level of insignificant. Therefore, as designed and with the imposed mitagation measures, the project does not achieve short-term goal, to the disadvantage of long-term, environmental goals. Discussion of Environmental Evaluation Zone Change 93-005, Design Review 93-050 and Conditional Use Permit 92-038 (Mayell/King's Hwy. Carwash) February 25, 1993 Page 13 Item c - "No:" In reference to the project background discussion provided herein, the project will not contribute to the demand individually and will have limited impacts cumulatively. Item d - "No": As a result of the preparation of and as discussed in this Initial Study, mitigation measures have been identified and have either been implemented in the project's design or will become Conditions of Approval. Any possible impacts associated with this project have been mitigated to a level of insignificance. Sources: All sources listed in items 1 - 21 of this Initial Study, Submitted development plans, Applicable City and State Codes. Mitigation/Monitoring: As stated above, mitigation measures have been identifed in Items 1 - 21 of this Inital Study and have either been implemented in the project's design or will become Conditions of Approval. JP:br/cup92-038.env CITY OF TUSTIN Community Development Department ENVIRONMENTAL INITIAL STUDY FORM I. Background 1. Name of Proponent Mr. L. Vincent Mayell representing Frontrunner Homes 2. Address and Phone Number of Proponent 1200 Quail Street, Suite 100 Newport Beach CA 92660 (714) 833-3340 3. Date of Checklist Submitted February 25, 1993 4. Agency Requiring Checklist City of Tustin Planning Commission 5. Name of Proposal, if applicable Zone Change 93-005, Design Review 93-05( and Conditional Use Permit 93-038 II. Environmental Impacts (Explanations of all "yes" and "maybe" answers are required on attached sheets.) Yes Maybe No 1. Earth. Will the proposal result in: a. Unstable earth conditions or in changes in geologic substructures? X b. Disruptions, displacements, compaction or overcovering of the soil? X C. Change in topography or ground surface relief features? X d. The destruction, covering or modification of any unique geologic or physical features? X e. Any increase in wind or water erosion of soils, either on or off the site? X f. Changes in deposition or erosion of beach sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any ban, inlet or lake? R Yes Maybe No g. Exposure of people or property to geologic hazards such as earthquakes, landslides, mudslides, ground failure, or similar hazards? X 2. Air. Will the proposal result in: a. Substantial air emission or deterioration of ambient air quality? _ _ X b. The creation of objectionable odors? _ _ X C. Alteration of air movement, moisture, or temperatures, or any change in climate, either locally or regionally? _ _ X 3. Water. Will the proposal result in: a. Changes in currents, or the course of direction of water movements, in either marine or fresh water? X b. Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? X C. Alterations to the course or flow of flood waters? X d. Change in the amount of surface water in any water body? X e. Discharge into surface waters, or in any alteration of surface water quality, including but not limited to temperature, dissolved oxygen or turbidity? X f. Alteration of the direction or rate of flow of ground waters? a g. Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? X h. Substantial reduction in the amount of water otherwise available for public water supplies? X 4. 5. C r] Yes Maybe No i. Exposure of people or property to water related hazards such as flooding or tidal waves? X Plant Life. Will.the proposal result in: a. Change in the diversity of species, or number of any species of plants (including trees, shrubs, grass; crops, and aquatic plants)? —. X b. Reduction of the numbers of any unique, rare or endangered species of plants? — — X C. Introduction of new species of plants into an area, or in a barrier to the normal replenishment of existing species? — — % d. Reduction in acreage of any agricultural crop? — — a Animal Life. Will the proposal result in: a. Change in the diversity of species, or numbers of any species of animals (birds, land animals including reptiles, fish and shellfish, benthic organisms or insects)? X b. Reduction of the numbers of any unique, rare or endangered species of animals? X— C. Introduction of new species of animals into an area, or result in a barrier to the migration or movement of animals? X d. Deterioration to existing fish or wildlife habitat? h Noise. Will the proposal result in: a. increases in existing noise levels? X b. Exposure of people to severe noise X levels? Light and Glare. Will the proposal produce new X light or glare? — Yes Maybe No 8. Land Use. Will the proposal result in a substantial alteration of the present or planned land use of an area? X 9. Natural Resources. Will the proposal result in: a. Increase in the rate of use of any natural resources? X b. Substantial depletion of any nonrenewable natural resource? X 10. Risk of Upset. Will the proposal involve: a. A risk of an explosion or the release of hazardous substances (including, but not limited to, oil, pesticides, chemicals or radiation) in the event of an accident or upset conditions? X b. Possible interference with an emergency response plan or an emergency evacuation plan? X 11. Population. Will the proposal alter the location, distribution, density, or growth rate of the human population of an area? X 12. Housing. Will the proposal affect existing housing, or create a demand for additional housing? X 13. Transportation/Circulation. Will the proposal result in: a. Generation of substantial additional vehicular movement? a b. Effects on existing parking facilities, or demand for new parking? X C. Substantial impact upon existing transportation systems? X d. Alterations to present patterns of circulation or movement of people and/or goods? X — Yes Maybe No e. Alterations to waterborne, rail or air traffic? X f. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? X 14. Public Services. Will the proposal have an effect upon, or result in a need for new or altered governmental services in any of the following areas: a. Fire protection? X b. Police protection? X C. Schools? X d. Parks or other recreational facilities? X e. Maintenance of public facilities, including roads? X f. Other governmental services? X 15. Energy. Will the proposal result in: a. Use of substantial -amounts of fuel or energy? X b. Substantial increase in demand upon existing sources of energy, or require the development of new sources of energy? X 16. Utilities. Will the proposal result in a need for new systems, or substantial alterations to the following utilities: a. Power-cr natural gas? X b. Communications systems? a C. Water? X d. Sewer or septic tanks? X e. Storm water drainage? X f. Solid waste and disposal? X 17. Human Health. result in: Will the proposal Yes Maybe No a. Creation of any health hazard or potential health hazard (excluding mental health)? X b. Exposure 'of people to potential health hazards? X 18. Solid Waste. Will the proposal create additional solid waste requiring disposal by the City? X 19. Aesthetics. Will the proposal result in the obstruction of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to public view? X 20. Recreation. Will the proposal result in an impact upon the quality or quantity of existing recreational opportunities? X 21. Cultural Resources a. Will the proposal result in the alteration of or the destruction of a prehistoric or historic archaeological site? X b. Will the proposal result in adverse physical or aesthetic effects to a prehistoric or historic building, structure, or object? X C. Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? X d. Will the proposal restrict existing religious or sacred uses within the potential impact area? X Yes Maybe 22. 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 the potential to achieve short-term, to the disadvantage of long-term, environmental goals? (A short- term impact on the environment is one which occurs in a relatively brief, definitive period of time while long-term impacts will X endure well into the future). — — C. Does the project have impacts which are individually limited, but cumulatively con- siderable? (A project may impact on two or more'separate resources where the impact on each resource is relatively small, but where the effect of the total of those impacts on the environment is significant.) . d. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? — III. Discussion of Environmental Evaluation IV. Determination - (To be completed by the Lead Agency) 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. No X X X 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 measure described on an attached sheet have been added to the project. A NEGATIVE DECLARATION WILL BE PREPARED % I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. C FEBRUARY 25. 1993 Date Signature 1 2 RESOLUTION NO. 3131 FILE Copy 3 AN RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING TO THE 4 CITY COUNCIL APPROVAL OF ZONE CHANGE 92-003, A REQUEST TO AUTHORIZE A ZONE CHANGE OF PROPERTY 5 GENERALLY LOCATED AT THE SOUTHERLY SIDE OF EL CAMINO REAL APPROXIMATELY 450 FEET EAST OF NEWPORT 6 AVENUE FROM CENTRAL COMMERCIAL (C-2) DISTRICT TO COMMERCIAL GENERAL (CG) DISTRICT. 7 The Planning Commission of the City of Tustin does hereby 8 resolve as follows: 9 I. The Planning Commission, finds and determines as follows: 10 A. That Zone Change 92-003 was submitted to the Planning Commission by Frontrunner Homes on behalf 11 of the property owner for consideration. 12 B. That a public hearing was duly noticed, called and held on said application by the Planning Commission 13 on March 22, 1993. 14 C. That the project will not have a significant effect on the environment and a Negative Declaration has 15 been prepared pursuant to the provisions of the California Environmental Quality Act. 16 D. That the proposed Zone Change to Commercial General 17 (CG) District is consistent with all elements of the Tustin Area General Plan, and in particular the 18 Land Use Element which designates this property Commercial (C), which would accommodate a broad 19 range of commercial uses and development. 20 E. That the proposed Zone Change to CG is in the best interest of the public health, safety and welfare 21 of the surrounding area in that the proposed zoning district designation of CG is compatible with 22II commercial uses surrounding the development. 23 F. 'rhat the proposed Zone Change to CG is in the best interest of the public health, safety and welfare 24 of the surrounding area in that the proposed zoning district designation of CG is compatible with 25 commercial uses situated adjacent to the freeway. 26 G. That the proposed Zone Change to CG would eliminate a small single parcel C-2 zoning designation island 27 thereby creating a larger, more logical and cohesive CG zoning designation. 28 ATTACHMENT H 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24II 25 26 27 28 Resolution No. 3131 Page 2 11. The Planning Commission hereby recommends to the City Council approval of Zone Change 92-003 changing the zoning designation of the property located at the southerly side of E1 Camino Real approximately 450 feet east of Newport Avenue, from Central Commercial (C-2) District to General Commercial (CG) District as shown on Exhibit A, attached hereto. P?.SSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting held on the 22nd day of March, 1993. P.THLEEN C CY Secretary MAR,�OWr�ASALn If Chairpe'r-8on 1 2 3 4 5 G 7 8 9 10 11 12 13 14 15 1G 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 3131 Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, KATHLEEN.CLANCY, zhe undersigned-, hereby certify that I am the Recording Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3131 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 22nd day of March, 1993. KATHLEEN CLANCY Recording Secretary _ 4oI.64 AVENUE PC -00m0 AVENUE o — MART STI - NEWPORT 0 064 \\�IZZLER JACK O - SUB 114 TLE BOX a 3 - ------- - SLK. A c O Q 2 Z Q S PPP. LOT J3 I O" \ I e , I J 1O 3—I$ Z \ 2- �� O� I n 6 i PLW.(PT JJ -_ f �_ _T1. ET HOSPf LMARCH 18LORANGE 1983 � L a O o 0 064 O - SUB J Q z PO' Q Q W Z Q N NO SCALE PROPOSED ZONING DISTRICTS EXHIBIT A 21 2 o� 2 2 2; 21 i FILE Copy RESOLUTION NO. 3132 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN APPROVING CONDITIONAL USE PERMIT 92-038, AUTHORIZING THE ESTABLISHMENT AND OPERATION OF A SELF -SERVE, COIN-OPERATED CAR WASH USE WITHIN THE COMMERCIAL GENERAL (CG) DISTRICT, AT THE PROPERTY LOCATED AT THE SOUTHERLY SIDE OF EL CAMINO REAL APPROXIMATELY 450 FEET EAST TO NEWPORT AVENUE, TUSTIN, CA. The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application, Conditional Use Permit 92-038, has been filed by Frontrunner Homes to establish and operated a self -serve, coin-operated car wash at the property located at the southerly side of El Camino Real approximately 450 feet east of Newport Avenue, Tustin, California. B. A public hearing was duly called, poticed and held for said application on March 22, 1993 by the Planning Commission. C. That the establishment, maintenance, and operation of the use applied for will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use nor be a detriment to the property and improvements in the neighborhood of the subject property, nor to the general welfare of the City of Tustin as evidenced by the following findings: The operation and installation of the proposed self -serve, coin operated, car wash use will not be detrimental to the health, safety, morals, comfort and general welfare of persons residing or working within the neighborhood in that the site will provide a water recycling system and shall comply with the Orange County Sanitation District guidelines for discharge produced on site. The site lighting will be designed to provide adequate lighting for security purposes, and as well as provide timing devices to 10 ]7 12 13 14 15 10 17 18 19 20 21 22 23 24 25' 20 27 28 Resolution No. 3132 Page 2 reduce glare produced on site. The vacuum pumps have been located to the rear of the site permitting the noise produced by the pumps to be attenuated across the site. The applicant proposes to install landscaping adjacent to walls and to paint the interior of the washing bays with "anti -graffiti" coating to reduce the opportunity for vandalism and graffiti. As conditioned, the site will provide minimal vending machines to reduce the opportunity for criminal element. The operation and installation of the proposed self -serve, coin operated, car wash use will not be injurious or detrimental to property and improvements in the neighborhood or the general welfare of the City in that, the proposed use is similar and compatible with the surrounding existing uses. The car wash use would not be expected to have any additional impacts in terms of traffic, water and sanitation requirements and utility usage than existing commercial zoned parcels surrounding the site. As conditioned, any potential adverse impacts related to noise, light, or water quality will be mitigated. The operation and installation of the proposed self -serve, coin operated, car wash use will not be detrimental to the health and safety of persons residing or working within the neighborhood nor will the proposed project be injurious or detrimental to property and improvements in the neighborhood or the general welfare of the City in that the proposed car wash building is in scale with the surrounding existing structure and is proposed to be of a compatible architectural design. The applicant is proposing the installation of landscaped areas located at the perimeter of the site and adjacent to the car wash 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 3132 Page 3 building to soften the impact of the proposed building's massing. The proposed landscaped areas will also soften the impact of the expanses of paved areas throughout the site. 4. The operation and installation of the proposed self -serve, coin operated, car wash use will not be injurious or detrimental to property and improvements in the neighborhood or the general welfare of the City, in that, the drive apron servicing the site has been located in such a way as to not reduce the existing street traffic patterns. The or. -site circulation and detailing spaces have been designed to reduce the potential for traffic conflicts by providing adequate drive aisle widths, and drying and detailing spaces. D. A Negative Declaration has been prepared and certified for this project in accordance with provisions of the California Environmental Quality Act. II. The Planning Commission hereby approves Conditional Use Permit No. 92-038 to authorize the establishment and operation of a self -serve, coin- operated car wash within the Commercial General (CG) District at the property located at the southerly side of El Camino Real approximately 450 feet east of Newport Avenue, subject to the conditions contained in Exhibit A, attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 22nd day of March, 1993. MARJ IKASAL Chairpe son KAT�CLANC Secretary 1( l] 1� 13 14 15 16 17 18 19 20 21 2^ 23 24 25 26 27 28 Resolution No. 3132 Page 4 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, KATHLEEN CLANCY, the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3132 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 22nd day of March, 1993. =/_.rte KATHLEEN Recording Secretary EXHIBIT A CONDITIONAL USE PERMIT 92-038 CONDITIONS OF APPROVAL RESOLUTION NO. 3132 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped March 22, 1993, on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development Department in accordance with this Exhibit. The Director of Community Development may also approve subsequent minor modifications to plans during plan check if such modifications are to be consistent with provisions of the Tustin City Code. (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with prior to the issuance of any building permits for the project, subject to review and approval by the Community Development Department. In addition, all Conditions of Approval of Design Review 92-050 shall also be complied with as shown in Resolution No. 3132. (1) 1.3 Conditional Use Permit approval shall become null and void if Zone Change 92-005 is not approved by the City Council and shall also become unless all permits are issued within twelve (12) months of the date of this Exhibit and substantial construction is underway. Time extensions may be granted by the Planning Commission if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.4 Approval of Conditional Use Permit 92-038 is contingent upon the applicant signing and returning an "Agreement to Conditions Imposed" form as established by the Director of Community Development_ *** 1.5 Prior to issuance of any building permit, a lot line adjustment or parcel map for the subject site shall be recorded. The applicant_ shall submit a conformed copy to the Community Development Department. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Exhibit A - Conditions of Approval Resolution No. 3132 Conditional Use Permit 92-038 Page 2 (1) 1.6 The applicant shall hold and defend the City of Tustin harmless for all claims and liabilities arising out of City's approval of the entitlement process for this project. OPERATIONS (2) 2.1 The applicant shall obtain all required approvals and permits from the Orange County Fire Department prior to issuance of a Building Permit. (1) 2.2 The car wash facility and vacuum pumps shall be subject to the provisions of the City of Tustin Noise ordinance. (1) 2.3 All construction operations, including engine warm up, (9) shall be subject to the provisions of the City of Tustin Noise Ordinance and shall take place only during the hours of 7:00 a.m. until 6:00 p.m., Monday through Friday; or other times that the Building official determines will be in conformance with the Noise ordinance and the public health and safety will not be impaired, subject to application being made at the time the permit for the work is awarded or during progress of the work. *** 2.4 The future installation of any freestanding vending machines, such as but not limited, to drink or soda machines, candy, magazine racks, and any other retail product is prohibited. 2.5 The products .sold from the proposed built in vending machines shall be limited to auto related products and shall not be modified to sell food or drink products. PLAN SUBMITTAL (3) 3.1 At building plan check submittal the following shall be provided: (3) A. Construction plans, structural calculations, and Title 24 energy calculations. Requirements of the Uniform Building Codes, State Handicap and Energy Requirements shall be complied with as approved by the Building Official. (2) B. Preliminary technical detail and plans for all (3) utility i.;stallations including cable TV, telephone, gas, water and electricity. Additionally, a note on plans shall be included Exhibit A - Conditions of Approval Resolution No. 3132 Conditional Use Permit 92-038 Page 3 stating that no field changes shall be made without corrections submitted to and approved by the Building Official. (2) C. Final grading and specifications consistent with the (3) site plan and landscaping plans and prepared by a registered civil engineer for approval of the Community Development Department. (2) D. A precise soils engineering report provided by a (3) soils engineer within the previous twelve (12) *** months. Expanded information regarding the levels of hydrocarbons and ground water contamination found on site shall be provided in the submitted soils report. (9) E. A photometric study of the proposed lighting design (4) indicating locations of all exterior lights and types of fixtures. (1) F. Information, plans and/or specifications to ensure (5) satisfaction of all Public Works Department requirements. (5) G. Information to ensure compliance with requirements (1) of the Orange County Fire Chief including required fireflow and installation, where required, of fire hydrants subject to approval of the Fire Department, City of Tustin Public Works Department and East Orange County Water District. (5) H. Information to ensure compliance with the requirements of the Orange County Sanitation District No. 7. (4) 3.2 Information shall be included in the final working drawings showing exact details and exterior door types and treatments. (i.e., framing color, etc.) (1) 3.3 All exterior colors to be used shall be subject to review (4) and approval of the Director of the Community Development Department. All exterior treatments must be coordinated with regard to color, materials and detailing as noted on submitted construction plans and elevations shall indicate all colors and materials to be used. Exhibit A - Conditions of Approval Resolution No. 3132 Conditional Use Permit 92-038 Page 4 (1) 3.4 Exterior elevations of the building(s) shall indicate any (4) fixtures or equipment to be located on the roof of the building, equipment heights and type of screening. All roof mounted equipment shall be located in the existing mechanical well and shall be a minimum of six inches below the parapet. (1) 3.5 Indicate lighting scheme for project to comply with (4) conditions 3.1E and 3.6G, note locations of all exterior *** lights and types of fixtures, lights to be installed on buildings shall be a decorative design. No lights shall be permitted which may create any glare or have a negative impact on adjoining properties. The location and types of lighting shall be subject to the approval of the Director of Community Development. (1) 3.6 The site plan and structure details for the proposed (6) project shall include the following: (7) A. A stucco finished block wall with columns shall be (2) provided along the westerly property line located to north of the proposed car wash building. The architectural detailing, colors and materials shall be compatible with the proposed structures on site and subject to final approval as to design by the Community Development Department Director. The proposed wall shall not encroach into the visual setback as dictated by Orange County G.M.A. Standard No. 1117. The block wall shall be a maximum of 6'-8" in height. B. A combination of stucco finished columns and decorative metal fencing shall be provided along the westerly property line located to the south of the proposed car wash building. The architectural detailing, colors and materials shall be compatible with the proposed structures on site and subject to final approval as to design by the Community Development Department Director. The block wall shall be a maximum of 6'-8" in height. C. The landscape setback area along the E1 Camino Real frontage shall be increased to a minimum of ten (10) feet in width. This area shall be landscaped and irrigated in accordance with the City of Tustin Landscape and Irrigation Guidelines. Exhibit A - Conditions of Approval Resolution No. 3132 Conditional Use Permit 92-038 Page 5 D. Landscape areas shall be provided along the north elevation of the proposed car wash building. These landscape areas shall be located at the base of each washing bay column. The areas shall be a minimum of twelve (12) inches in depth and fully irrigated. A minimum of one (1), five (5) gallon, climbing variety vine shall be planted in each provided landscape area. E. An increased amount of landscape materials and earth berming shall be provided at the northeast corner of the project site. The materials shall include additional specimen size trees, and shrubs. Earth berming shall have a minimum height of 36 inches. The landscape materials shall not conflict with the visual requirements of the adjacent property's drive approach. F. The proposed width of the one (1) driveway apron along E1 Camino Real shall be reduced from thirty- five (35) feet in width to thirty (30) feet in width. G. The wall-pac lighting fixtures located on the north elevations of the car wash building shall be removed. The proposed wall-pac located on the east. elevation shall be modified so as to be architecturally compatible with the proposed building, subject to Condition 3.5. Additional decorative pole lights shall be provided in the perimeter landscape areas. The overall lighting for the project shall comply with the City of Tustin Security Ordinance and shall provide a minimum of one (1) footcandle of lighting illumination throughout the site. H. Specifications at Building Permit plan check submittal shall reflect materials call -outs on all elevations and applicable details and notes added indicating that all wall surfaces in the bays shall be coated and protected with a graffiti resistant finish and/or material. On all other wall surfaces the applicant shall be responsible for removal of all graffiti or tagging within 48 hours of notification of the on-site manager at the applicants expense. Exhibit A - Conditions of Approval Resolution No. 3132 Conditional Use Permit 92-038 Page 6 (1) 3.7 Note shall be provided on final plans that a six (6) foot -high chain linked fence shall be installed around the site prior to building construction stages. A nylon fabric or mesh shall be attached to the temporary construction fencing. Gated entrances shall be permitted along the perimeter of the site for construction vehicles. (1) 3.8 Any roof -top equipment, including vents and exhausts shall comply with the City of Tustin's Noise Ordinance. (1) 3.9 A 24" x 36" street improvement plan, as prepared by a California Registered Civil Engineer, will be required for all construction within the public right-of-way. In conjunction with the above, a 24" x 36" traffic control plan, as prepared by a California Registered Traffic Engineer, will be required. (1) 3.10 Construction or replacement of any missing or damaged public improvement along the frontage of the subject parcel will be required, which shall include, but not limited to the following: a. Curb and gutter; b. Sidewalk; C. Drive apron; d. Street paving; and e. Street light on marbelite pole. *** 3.11 The existing drive apron located at the eastern edge of the subject site shall be removed and replace with sidewalk, curb and gutter in compliance with the City of Tustin public improvement standards. LANDSCAPING, GRQUNDS AND HARDSCAPE ELEMENTS (1) 4.1 Prior to issuance of any building or grading permits, (7) submit at plan check complete detailed landscaping and irrigation plans for all landscaping areas, as modified by this Exhibit, consistent with adopted City of Tustin Landscaping and Irrigation Submittal Requirements. Provide summary table applying indexing identification to plant materials. The plant table shall list botanical and common names, sizes, spacing, location and quantity of the plant materials proposed. Show planting and berming details, soil preparation, staking, etc. The irrigation plan shall show location and control of backflow prevention devices, pipe size, sprinkler type, spacing and coverage. Details for all equipment must be Exhibit A - Conditions of Approval Resolution No. 3132 Conditional Use Permit 92-038 Page 7 provided. Show all property lines on the landscaping and irrigation plan, public right-of-way areas, sidewalk widths, parkway areas, and wall locations. The Department of community Development may request minor substitutions of plant materials or request additional sizing or quantity materials during plan check. Note on landscaping plan that coverage of landscaping and irrigation materials is subject to field inspection at project completion by the Department of Community Development. (7) 4.2 The submitted landscaping plans at plan check shall reflect the following requirements: A. Turf is unacceptable for grades over 25%. A combination of planting materials must be used, ground cover on large areas along is not acceptable. B. Provide a minimum of the following plant materials: 1. 1 tree for every 30' street frontage 6 shrubs for every 25' street frontage 1 tree for every 30' perimeter property line .5 shrubs for every 30' perimeter property line 1 tree for every 250 -square fee landscape area 5 shrubs for every 25 -lineal feet landscape 1 tree for every five parking stalls 1 tree for every 30 -lineal feet of exterior building wall 2. A minimum of five percent of parking area must be landscaped. C. Shrubs shall be a minimum of 5 -gallon size and shall be spaced a maximum of five feet on center.. D. Ground cover shall be planted between a maximum of eight to 12 inches on center, with eight inches on center preferred. E. Fences, walls and equipment areas, shall be screened with shrubs and/or vines and trees. F. All plant materials shall be installed in a healthy vigorous condition typical to the species and must be maintained in a neat and healthy condition. Maintenance includes but is not limited to trimming, mowing, weeding, removal of litter, Exhibit A - Conditions of Approval Resolution No. 3132 Conditional Use Permit 92-038 Page 8 fertilizing, regular watering, and replacement of diseased or dead plants. G. Buffer driveway and parking areas with landscaping berms when possible. H. Earth mounding is essential and must be provided to applicable heights whenever it is possible in conjunction with the submitted landscaping plan. I. Perimeter walls should be treated with vines in .order to relieve large expanses of walls with adding greenery and color. Vines should be informally grouped with training devices installed. J. Six (6) inch raised concrete curbs shall be placed on-site adjacent to all landscape planting areas. (1) 4.3 Screening adjacent to roadways, whenever possible, shall (7) compliment the architecture, color and construction (4) material of primary buildings on the site. (1) 4.4 All walls, fences or landscaping adjacent to streets (7) should be designed to provide adequate sight distance for (4) vehicles exiting the project. All walls shall be designed in accordance with height standards and sight distances as identified in the City Code where applicable. FEES (1) 5.1 Payment of the following fees prior to the issuance of any building permits shall be required. a. Major thoroughfare and bridge fees to Tustin Public Works Department. b. Any additional Orange County Sanitation District No. 7 sewer connection fees to the Community Development Department. C. All applicable building and grading plan check and permit fees to the Community Development Department. d. Orange County Fire Department fees to the Community Development Department. Exhibit A - Conditions of Approval Resolution No. 3132 Conditional Use Permit 92-038 Page 9 e. School facilities fee to the Tustin Unified School District, as applicable. f. East Orange. County Water District fees to the Community Development Department. *** 5.1 Within forty-eight (48) hours of approval of the subject (5) project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of $25.00 (twenty five dollars) pursuant to AB 3158, Chapter 1706, Statues of 1990, to enable the City to file the Notice of Determination required under Public Resources Code Section 21152 and 14 Cal. Code of Regulations 15075. If within such forty-eight (48) hour period that applicant has not delivered to the Community Development Department the above -noted check,, the approval for the project granted herein shall be considered automatically null and void. In addition, should the Department of Fish and Game reject the Certificate of Fee Exemption filed with the Notice of Determination and require payment of fees, the applicant shall deliver to the Community Development Department, within forty-eight (48) hour of notification, a cashier's check payable to the COUNTY CLERK in the amount of $1,250 (one thousand, two hundred fifty dollars) pursuant to AB 3158, Chapter 1706, Statues of 1990. If this fee is imposed, the subject project shall not be operative, vested or final unless and until the fee is paid. JV:br 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 93-35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CERTIFYING THE NEGATIVE DECLARATION AS ADEQUATE FOR ZONE CHANGE 92-003, INCLUDING REQUIRED FINDINGS PURSUANT TO 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. The request to approve Zone Change 92-003 is considered a "project" pursuant to the terms of the California Environmental Quality Act. B. A Negative Declaration has been prepared for this project and has been established for public review. C. Whereby, the City Council of the City of Tustin has considered evidence presented by the Community Development Department and other interested parties with respect to the subject Negative Declaration. D. The City Council has evaluated the proposed Negative Declaration and determined it to be adequate and complete. II. A Negative Declaration has been completed in compliance with CEQA and State guidelines. The City Council, having approving authority over Zone Change 92-003 has received and considered the information contained in the Negative Declaration prior to approving the proposed project and have found that it adequately discussed the environmental effects of the proposed project. On the basis of the initial study, the City Council has found that the project involves no potential for any adverse effect, either individually or cumulatively, on wildlife resources and therefore makes a De Minimis Impact Finding related to AB 3158, Chapter 1706, Statutes of 1990. In addition, there will not be a significant effect on the environment as mitigation measures have been incorporated into the project's approval which mitigate any potential significant environmental effects. These mitigation measures are identified in Exhibit A attached to the Negative Declaration and initial study and are adopted as findings and conditions of ordinance 1105, incorporated herein by reference. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 93-35 Page 2 PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on the 5th day of April, 1993. LESLIE ANNE PONTIOUS Mayor MARY E. WYNN City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF TUSTIN ) CERTIFICATION FOR RESOLUTION NO. 93-35 MARY E. WYNN, City clerk and ex -officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is 5; that the above and foregoing Resolution No. 93-35 was duly and regularly introduced, passed, and adopted at a regular meeting of the Tustin City Council, held on the 5th day of April, 1993. COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER:ABSENT: JSL: br MARY E. WYNN City Clerk 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15' 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 1105 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING ZONE CHANGE 92-003, A REQUEST TO AUTHORIZE A ZONE CHANGE OF PROPERTY GENERALLY LOCATED AT THE SOUTHERLY SIDE OF EL CAMINO REAL APPROXIMATELY 450 FEET EAST OF NEWPORT AVENUE FROM CENTRAL COMMERCIAL (C-2) DISTRICT TO COMMERCIAL GENERAL (CG) DISTRICT. The City Council of the City of Tustin does hereby ordain as follows: I. The City Council finds and determines as follows: A. That Zone Change 92-003 was submitted to the City Council by Frontrunner Homes on behalf of the property owner for consideration. B. That a public hearing was duly noticed, called and held on said application by the Planning Commission on March 22, 1993, and by the City Council on April 5, 1993. C. That the project will not have a significant effect on the environment and a Negative Declaration has been prepared pursuant to the provisions of the California Environmental Quality Act. D. That the proposed Zone Change to Commercial General (CG) District is consistent with all elements of the Tustin Area General Plan, and in particular the Land Use Element which designates this property Commercial (C), which would accommodate a broad range of commercial uses and development. E. That the proposed Zone Change to CG is in the best interest of the public health, safety and welfare of the surrounding area in that the proposed zoning district designation of CG is compatible with commercial uses surrounding the development. F. That the proposed Zone Change to CG is in the best interest of the public health, safety and welfare of the surrounding area in that the proposed zoning district designation of CG is compatible with commercial uses situated adjacent to the freeway. G. That the proposed Zone Change to CG would eliminate a small single parcel C-2 zoning designation island thereby creating a larger, more logical and cohesive CG zoning designation. 1 2 3 4 5 6 g 9 10 11 12 13 14 15 16 17 18 19 20 21'' 22 23 24 25 26 27 28 Ordinance No. 1105 Page 2 II. The City Council hereby approves Zone Change 92-003 changing the zoning designation of the property located at the southerly side of E1 Camino Real approximately 450 feet east of Newport Avenue, from Central Commercial (C- 2) District to General Commercial (CG) District as shown on Exhibit A, attached hereto. PASSED AND ADOPTED by the City Council of the City of Tustin at a regular meeting held on the 5th day of April, 1993. Mayor Mary E. Wynn, City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) CERTIFICATION FOR ORDINANCE NO. 1105 MARY E. WYNN, City Clerk and ex -officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Ordinance No. 1105 was duly and regularly introduced and read at an adjourned regular meeting of the City Council held on the 5th day of April, 1993, and was given its second reading and duly passed and adopted at a regular meeting of the City Council held on the 19th day of April, 1993, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: Mary E. Wynn, Published: Tustin News ty