HomeMy WebLinkAbout03 CUP 93-038 APPEAL 07-18-94NO. 3
7-18-94
DATE: JULY 18, 1994
Inter-Com
TO:
FROM:
SUBJECT:
WILLIAM A. HUSTON, CITY MANAGER
COMMUNITY DEVELOPMENT AND PUBLIC WORKS DEPARTMENTS
APPEAL OF CONDITIONAL USE PERMIT 93-038
(ALLSTAR LUBE & TUNE)
RECOMMENDATION
It is recommended that the City Council take the following actions:
Recertify the Final Negative Declaration, as modified, as
adequate for the project by adopting Resolution No. 94-81; and
Uphold the Planning Commission's action related to Condition
No. 6.1 and modify its action regarding Condition No. 6.4 of
Conditional Use Permit 93-038 by adopting Resolution No. 94-
82, subject to the conditions contained in Exhibit A, as
submitted or revised.
FISCAL IMPACT
There would be fiscal impacts associated with this appeal in the
event that the city compensates the property owner for the
necessary right-of-way or if future funding opportunities through
the County's Measure "M" Piogram are adversely affected. As
estimated by the Public Works Department, the right-of-way
acquisition could cost the City in excess of eighty thousand
dollars ($80,000). The estimated acquisition costs are $45,600 for
E1 Camino Real and $37,300 for Red Hill Avenue.
BACKGROUND
On June 13, 1994, the Planning Commission adopted Resolution No.
3275, approving Conditional Use Permit 93-038, which authorized the
establishment of an auto service facility on the vacant lot located
at the southeasterly corner of Red Hill Avenue and E1 Camino Real.
On June 16, 1994, the Community Development Department received an
appeal of the Planning Commission's action related to Condition
Nos. 6.1 and 6.4 of Planning Commission Resolution No. 3275 from
the owner of the subject property. These conditions required that
city Council Report
Conditional Use Permit 93-038
July 18, 1994
Page 2
the subject property be annexed into the Tustin Landscape and
Lighting District and that street right-of-way dedication be
offered to the City. On July 5, 1994, the City Council considered
this appeal and continued the item to the July 18, 1994 Council
meeting in order to resolve issues related to the right-of-way
dedication condition of Conditional Use Permit 93-038. Staff and
the city Attorney have reviewed the relevant issues and the
applicability of the recent Supreme Court case, Dolan v. City of
Tiaard. Based upon this review, the City Attorney's office has
determined that the dedication requirement is justified. However,
in an effort to reach agreement, Condition No. 6.4 is proposed to
be modified which would not require dedication of right-of-way
along Red Hill Avenue.
The subject site is located within the Central Commercial (C-2)
District and was previously developed with a service station which
was demolished in September, 1990 as a result of the Interstate 5
Freeway widening project. Surrounding uses to the site include a
service station and commercial shopping center across E1 Camino
Real to the north, a restaurant to the east, the Interstate 5 Red
Hill Avenue northbound off-ramp to the south, an abandoned service
station to the west, and a service station to the northwest at the
opposite corner of Red Hill Avenue and E1 Camino Real.
A public hearing notice identifying the time, date and location of
the July 5, 1994 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 City Hall and the Police Department. Since this item was
continued to a date certain, no additional notification is
required. The applicant was informed of the availability of a
staff report for this item.
DISCUSSION
The development plans originally submitted to the City by the
applicant in November of 1993 for the proposed project reflected
the ultimate right-of-way configuration of E1 Camino Real and Red
Hill Avenue, which are discussed below. The site plan review,
traffic analysis, and environmental initial study completed for the
project were based on the ultimate configuration. As the site is
currently vacant, any new development would generate incremental
traffic impacts, which when considered cumulatively, will impact
the City's circulation system. The City's street system, as
identified in the MPAH and the city's General Plan, is designed to
accommodate the ultimate buildout of the city of which this
City Council Report
Conditional Use Permit 93-038
July 18, 1994
Page 3
property is a part. With the dedication of right-of-way and the
city's construction of the public improvements, individual or
cumulative significant impacts that could otherwise potentially
result from the proposed project would be reduced to an acceptable
level.
The value of these public improvements is estimated to be $67,500
for the modifications to E1 Camino Real adjacent to the subject
property, and $62,700 for the improvements to Red Hill Avenue
adjacent to the subject property. These cost figures take into
account the relocation of traffic signals and controllers,
restriping and normal construction contingencies which were
excluded from the original preliminary cost estimates provided to
the Council on July 5, 1994. Actual right-of-way acquisition
estimates are approximately $45,600 for E1 camino Real and $37,300
for Red Hill Avenue. It should be noted that the total value of the
city's improvements exceeds the estimated value of the required
right-of-way. In addition, once the city improvements are
constructed, the property owner could potentially realize an
increase in the value of the subject property.
EL CAMINO REAL
In the area of the project, the curren~ right-of-way along the E1
Camino Real frontage is 28 feet from the centerline, while the
future right-of-way is located 40 feet from the centerline. This
distance is required to bring the street into conformance with its
designation as a Secondary Arterial.
Without the expanded right-of-way, this project would have impacts
on E1 Camino Real. As the site is currently vacant and generates
virtually no vehicle trips, the proposed project will generate
additional vehicle trips which will exacerbate the congested
conditions existing in the vicinity of the project. Since the
project's driveway is within one hundred (100) feet of the E1
Camino Real/Red Hill Avenue intersection, ingress/egress movements
at the driveway will impede eastbound through traffic currently
traveling in the single eastbound traffic lane. Also, due to the
current vehicular stacking in the westbound direction at the E1
Camino Real/Red Hill Avenue intersection, left turn movements to
and from this driveway could potentially interfere with westbound
traffic movements as well as contribute to traffic congestion in
the area, and further reduce roadway capacity on E1 Camino Real.
The proposed roadway widenings will enhance the vehicular
operations on E1 Camino Real by improving traffic flow and reducing
congestion and these potential safety concerns.
city Council Report
Conditional Use Permit 93-038
July 18, 1994
Page 4
According to the city Attorney, the required irrevocable offer of
dedication of right-of-way along E1 Camino Real frontage is
justified based upon all applicable laws in effect at this time.
RED HILL AVENUE
The current right-of-way on Red Hill Avenue from the street
centerline varies from approximately 55 feet to 60 feet along the
project frontage. The future right-of-way is proposed to be
located approximately 69 feet from the centerline along the
property frontage. As a Major Arterial, Red Hill Avenue would
include a physical roadway median as well as three (3) through
travel lanes, left-turn lanes, bicycle lanes and sidewalks on both
sides of the street. These improvements are typically accommodated
within a total roadway right-of-way section of 120 feet to 150
feet.
Without the expanded right-of-way, the incremental increases in
traffic generated by the proposed project would have some impacts
on Red Hill Avenue. The proposed roadway widenings will enhance the
vehicular operations on Red Hill Avenue by improving traffic flow
at the intersection of E1 Camino Real and Red Hill Avenue, thereby
reducing congestion.
While the proposed project will have a cumulative impact on Red
Hill Avenue, the impacts will not be as severe as along E1 Camino
Real. Furthermore, the proposed project has been designed so as to
not preclude any future implementation of the widening of Red Hill
Avenue along the project frontage. In an effort to respond to City
Council comments at their July 5th meeting and to reach an amicable
agreement on this issue with the applicant, it would be recommended
that the City Council not require dedication of Red Hill frontage
at this time. The City would negotiate for acquistion of right-of-
way along the Red Hill Avenue frontage at the time that any future
widening project is implemented rather than require a dedication at
this time.
ENVIRONMENTAL ANALYSIS
A Negative Declaration was prepared for this project. Based upon
the proposed revised conditions, the Initial Study has been revised
to reflect the proposed conditions, and would need to be
recertified by the City Council. Staff has determined that any
potential impact can be mitigated to a level such that no
significant impacts would occur for this project provided that all
City Council Report
Conditional Use Permit 93-038
July 18, 1994
Page 5
conditions of approval, as modified, are adopted. Identified
mitigation measures are included in the Resolutions for the
project.
REVIEW OF COMPROMISE PROPOSAL WITH APPLIC~tNT
Since the City Council's meeting on July 5th, the city Attorney has
been in contact with the property owner's legal representative, Mr.
Steve Crooke, on at least two occasions regarding the proposed
modification of Conditions 6.1 and 6.4. At this time the
applicant's representative has indicated no concern with Condition
6.1, the requirement to annex the property to the Tustin Landscape
and Lighting District. However, despite staff's recommendation to
modify Condition 6.4 and not require dedication of Red Hill Avenue
frontage, Mr. Crooke has represented that his client expects the
city to eliminate all dedication requirements for both E1 Camino
Real and Red Hill Avenue and to acquire any needed right-of-way.
Staff cannot support this request.
CONCLUSION
Based on the above analysis, it is recommended that the city
Council uphold the Planning Commission's action related to
condition No. 6.1 and modify its action regarding Condition No. 6.4
of Conditional Use Permit 93-038 by adopting Resolution No. 94-82,
as submitted or revised.
Scott Reekstin
Assistant Planner
Robert S: Ledendecker
Director of Public Works/
city Engineer
SCR: br:/CUP93 - 038. con
Attachments:
Christih~ A. Snlng~
Assistant city Manager
Community Development Director
Location Map
Initial study
Resolution Nos.
94-81 and 94-82
MAP
S~TE
NO SCALE
II.
CITY OF TUSTIN
Community Development Department
ENVIRONMENTAL INITIAL STUDY FORM
I. Background
1. Name of Proponent ~. Al ~~_~
2e
Address and Phone Number of Proponent
9.0. ~o~ ~l~
3. Date of Checklist Submitted
4. Agency Requiring Checklist
J
5. Name of Proposal, if applicable
Environmental Impacts
Earth. Will the proposal result in:
ae
Unstable earth conditions o'r in
changes in geologic substructures?
be
Disruptions, displacements, compaction
or overcovering of the soil?
Co
Change in topography or ground surface
relief features?
The destruction, covering or
modification of any unique geologic
or physical features?
Any increase in wind or water erosion
of soils, either on or off the site?
Changes in deposition or erosion of
beach sands, or changes in siltation,
deposition or erosicn which may modify
the channel of a river or stream or the
bed of the ocean or any bay, inlet or
lake?
Yes Maybe No
-- 1
Yes Maybe No
Exposure of people or property to
geologic hazards such as earthquakes,
landslides, mud slides, ground failure,
or similar hazards?
Air. Will the proposal result in:
so
Substantial air emission or
deterioration of ambient air quality?
b. The creation of objectionable odors?
Alteration of air movement, moisture,
or temperatures, or any change in
climate, either locally or regionally?
Water. Will the proposal result in:
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 ~urface runoff?
Alterations to the course or flow
of flood waters?
do
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 gro~lnd waters?
Change in the quantity of ground
waters, either through direc5 additions
or withdrawals, or through interception
of an aquifer by cuts or excavations?
2
Substantial reduction in the amount of
water otherwise available for public
water supplies?
Exposure of people or property to
water related hazards such as flooding
or tidal waves?
Plant Life. Will the proposal result in:
Yes Maybe No
do
Change in the diversity of species, or
number of any species of plants (including
trees, shrubs, grass, crops, and aquatic
plants)?
Reduction of the numbers of any unique,
rare or endangered species of plants?
Introduction of new species of plants
into an area, or in a barrier to the
normal replenishment of existing
species?
Reduction in acreage of any
agricultural crop?
5. ikmim&l Life. Will the proposal result in:
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)?
Reduction of the numbers of any unique,
rare or endangered species of animals?
Introduction of new species of animals
into an area, or result in a barrier to
the migration or movement of animals?
Deterioraticn to existipg fish or
wildlife habitat?
Noise. Will the proposal result in:
a. Increases in existing noise levels?
Exposure of people to severe noise
levels?
7 o
10.
11.
12.
13.
Light and Glare. Will
new light or glare?
the proposal produce
Yes Maybe No
Land Use. Will the proposal result in
a substantial alteration of the present
or planned land use of an area?
Natural Resources. Will the proposal
result in:
Increase in the rate of use of any
natural resources?
bo
Risk
Substantial depletion of any
nonrenewable natural resource?
of Upset. Will the proposal involve:
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?
b. Possible interference with an
emergency response plan or an
emergency evacuation plan?
Population. Will the proposal alter
the location, distribution,
growth rate of
an area?
density, or
the human population of
Housing· Will the proposal affect
existing housing, or create a demand
for additional housing?
Transportation/Circulation. Will the
proposal result in:
Generation of substantial additional
vehicular movement?
bo
Effects on existing parking facilities,
or demand for new parking?
Substantial impact upon existing
transportation systems?
4
Alterations to present patterns of
circulation or movemen~ of people
and/or goods?
Yes Maybe ~o
14.
15.
16.
Alterations to waterborne, rail or
air traffic?
Increase in traffic hazards to motor
vehicles, bicyclists or pedestrians?
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:
b.
d.
e.
Fire protection?
Police protection?
Schools?
Parks or other recreational facilities?
Maintenance of public facilities,
including roads?
f. Other governmental services?
Energy. Will the proposal result in:
a. Use of substantial amounts of fuel or
energy?
b. Substantial increase in demand upon
existing sources of energy, or require
the development of new sources of
energy?
Utilities. Will the proposal result in a
need for new systems, or substantial
alterations to the following utilities:
Power or natural gas?
Communications systems?
Water?
Sewer or septic tanks?
Storm water drainage?
Solid waste and disposal?
Yes Maybe No
17.
Human Health.
result in:
Will the proposal
Creation of any health hazard or
potential health hazard (excluding
mental health)?
Exposure of people to potential
health hazards?
18.
19.
20.
Solid Waste. Will the proposal create
additional solid waste requiring disposal
by the City?
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?
Recreation. Will the proposal result in an
impact upon the quality or quantity of
existing recreational opportunities?
21. Cultural Resources
Will the proposal result in the
alteration of or the destruction of
a prehistoric or historic archaeological
site?
Will the proposal result in adverse
physical or aesthetic effects to a
prehistoric or historic building,
structure, or object?
Does the proposal have the potential
to cause a physical change which
would affect unique ethnic cultural
values?
X
Will the proposal restrict existing
religious or sacred uses within the
potential impact area?
Yes
Maybe ~o
22. Mandatory Findings of Significance.
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?
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).
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.)
Does the project have environmental effects
which will cause substantial adverse effects
on human beings, either directly or
indirectly?
III. Discussion of Environm. ental Evaluation See Attached
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.
Date
Signature
Print Name
Print Title
DISCUBSION OF ENVIRONMENTAL EVALUATION
CONDITIONAL UBE PERMIT 93-038, DEBIGN REVIEW 93-040,
VARIANCE 94-006# SIGN CODE EXCEPTION 93-003
MAY 19, 1994
REVISED JULY 18, 1994
PROJECT DESCRIPTION
The proposed project is a request for: 1) Conditional Use Permit
93-038 to permit the construction and operation of an auto service
facility in the Central Commercial (C-2) District and to allow a
freestanding freeway sign; 2) Variance 94-006 for a reduction of
the required number of parking spaces from fourteen (14) to eleven
(11) spaces; 3) Design Review 93-040 for the review of the physical
development related to the proposed auto service facility; and 4)
Sign Code Exception 93-003 to allow a height of 48 feet for the
freestanding freeway sign (see attached plans). The Conditional
Use Permit, Variance, and Sign Code Exception are subject to
Planning Commission approval and the Design Review is subject to
approval by the Community Development Department.
The project site, a 0.451 acre parcel, is located on the southeast
corner of E1 Camino Real and Red Hill Avenue (see location map).
The site was previously developed with a service station which was
demolished in 1990 as a result of the Interstate 5 widening
project. The project site is currently undergoing soil and ground
water remediation. Surrounding uses to the site include a service
station and commercial shopping center across E1 Camino Real to the
north, a restaurant to the east, the Interstate 5 Red Hill Avenue
northbound off-ramp to the south, an abandoned service station to
the west, and a service station to the northwest at the opposite
corner of Red Hill Avenue and E1 Camino Real.
Item No. 13 (Transportation/Circulation) of this Environmental
Evaluation was modified by the city Council on July 18, 1994 in
response to issues related to Condition of Approval 6.4 of
Conditional Use Permit 93-038.
Earth B "Yes"; A, C throuqh 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 a building pad and parking area.
Appropriate grading plans and soil report would be required as
part of the City's review and Building Permit plan check
process. The project site is currently undergoing soil and
ground water remediation to remove contaminants resulting from
the former service station operation on the property.
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 twelve (12) months
prior to Building Permit Plan Check. The soils report shall
Discussion of Environmental Evaluation
Conditional Use Permit 93-038, Variance 94-006
Design Review 93-040 and SCE 93-003 (Allstar Service
July 18, 1994
Page 2
Plus)
provide'expanded information regarding the levels of
hydrocarbons and ground water contamination found on the 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
Building Code, Grading Code and Grading Manual as required by
the Building Official.
Air - A throuqh C "No" - The proposed project would not result
in any long term degradation to the existing air quality.
However, with construction there may be short term air quality
pollutants such as dust particles which will be emitted into
the air. No significant impacts are expected.
Sources: Submitted Development Plans, 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.
Water - B "Yes"; A, C through I - "No" - The proposed project
would add impervious surfaces to the site which would affect
drainage and run-off. As proposed, the parking 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. This project
is required to obtain compliance with the Drainage Area
Management Plan for the City of Tustin as administered by the
Regional Water Quality Control Board. Should the water be
deposited into the sanitary sewer system for treatment, it
shall be in compliance with the Orange County Sanitation
District requirements. 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
Conditional Use Permit 93-038, Variance 94-006
Design Review 93-040 and SCE 93£003 (Allstar Service Plus)
July 18, 1994
Page 3
Mitigation/Monitoring: The site will be designed so that all
parking area surface run-off is directed to and picked up by
the storm drain 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. Furthermore, all
necessary permits shall be obtained from the Orange County
Sanitation District.
Plant Life - A throuqh 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: Ail landscaping shall be designed,
installed, and maintained in accordance with the city's
Landscape and Irrigation Guidelines.
Animal Life - A throuqh D - "No" - The subject site is located
within an urban area and was previously developed with a
service station. 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.
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
auto service areas will be housed within the proposed
facility. 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 and Red Hill Avenue), the proposed
project is not expected to impact the ambient noise levels in
the area. The proposed project would be operating from about
Discussion of Environmental Evaluation
Conditional Use Permit 93-038, Variance 94-006
Design Review 93-040 and SCE 93-003 (Allstar Service Plus)
July 18, 1994
Page 4
7e
7:00 a.m. to 7:00 p.m. Ail noise sources will be required to
conform to the City's Noise Ordinance, which applies to
commercial zones at a standard level of 60 dBA.
Source: Allstar Service Plus,
Department, Field Observations
Community Development
Mitigation~Monitoring: Ail 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. In
addition, outside public address speakers, telephone bells,
buzzers, and similar devices which are audible on adjoining
properties are prohibited.
Liqht 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 12 hours/day.
Any exterior lighting that would be provided 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.
Land Use - "No" - The subject site is located within the
Central Commercial (C-2) District and was previously developed
with a service station. The proposed project is for a new
auto service facility which would provide fast-tune, smog, and
fast-lube services. Such a use requires approval of a
conditional use permit by the Planning Commission. The
proposed use is consistent with adjacent uses, which include
two existing service stations. Both of these stations
currently provide auto repair services. There are no uses on
the south side of the subject property as the property abuts
the Santa Ana (I-5) Freeway Red Hill Avenue off-ramp. The
nearest sensitive uses include Tustin High School and
residential uses, which are located more than 300 feet from
Discussion of Environmental Evaluation
Conditional Use Permit 93-035~Variance 94-006
Design Review 93-040 and SCE 93-003 (Allstar Service Plus)
July 18, 1994
Page 5
the site and would not be significantly impacted by the
proposed use.
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.
e
Source: Proposed Development Plans, City of Tustin Community
Development Department
Mitigation/Monitoring: None Required.
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.
Source: Proposed Development Plans, city of Tustin Community
Development and Public Works Departments
Mitigation/Monitoring: The applicant is encouraged to utilize
recycled materials where appropriate.
10.
Risk of Upset - A and B - "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. The
applicant has indicated that the disposal of all hazardous
materials shall be in compliance with all Orange County Health
Care Agency - Environmental Health Division, and Orange County
Fire Department requirements. All mechanical.and electrical
equipment associated with the facility would comply with
Uniform Building and Fire Codes.
Source: Orange County Fire Department, Orange County Health
Care Agency Environmental Health Division, Proposed
Development Plans, city of Tustin Community Development
Department
Mitigation/Monitoring: Ail 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. All
hazardous materials shall be disposed of in accordance all
Orange County Health Care Agency - Environmental Health
Division, and Orange County Fire Department requirements.
Discussion of Environmental Evaluation
Conditional Use Permit 93-038, Variance 94-006
Design Review 93-040 and SCE 93-003 (Allstar Service Plus)
July 18, 1994
Page 6
11.
12.
13.
Population - "No" - The proposed project is a commercial
infill project and would not result in any direct increase in
population in that no additional 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 on the location,
growth, distribution or density of the population in the
surrounding area.
~ouroe: City of Tustin Community Development Department
Mitigation/Monitoring: None Required.
Housinq - "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.
Transportation/circulation - B "Yes"; At Ct D, and F "Maybe";
E "No" - The development plans originally submitted to the
City by the applicant in November of 1993 for the proposed
project reflected the ultimate right-of-way configuration of
E1 Camino Real and Red Hill Avenue which is 40 feet and 69
feet from centerline, respectively. The site plan review,
traffic analysis, and environmental initial study which have
been completed for this project were based on this
configuration. As the site is currently vacant, any new
development would generate incremental traffic impacts, which
when considered cumulatively, will impact the City's
circulation system. The City's street system, as identified
in the MPAH and the City's General Plan, is designed to
accommodate the ultimate buildout of the City of which this
property is a part. With the dedication of right-of-way and
the City's construction of the public improvements, individual
or cumulative significant impacts that could otherwise
potentially result from the proposed project would be reduced
to an acceptable level. Once these improvements are
constructed, the property owner could potentially realize an
increase in the value of the subject property.
Discussion of Environmental Evaluation
Conditional Use Permit 93-038, Variance 94-006
Design Review 93-040 and SCE 93-003 (Allstar Service Plus)
July 18, 1994
Page 7
However, without the expanded right-of-way, this project would
have impacts on the City's street system. As the site is
currently vacant and generates virtually no vehicle trips, the
proposed project will generate additional vehicle trips which
will exacerbate the congested conditions existing in the
vicinity of the project. The single eastbound lane of E1
Camino Real would be most affected during these peak hours, as
the project's driveway is within one hundred (100) feet of the
intersection, and vehicles are repeatedly stacked in this
single lane. This situation would impede traffic movements
and create a potentially unsafe left turn movement to and from
the proposed project. The proposed roadway widenings will
enhance the vehicular operations on both E1 Camino Real and
Red Hill by improving traffic flow and reducing congestion and
these potential safety concerns.
Red Hill Avenue is classified as a major arterial in the
City's General Plan and is currently operating at a level of
service (LOS) B in the area of the I-5 Freeway. E1 Camino
Real is classified as a secondary arterial and is currently
operating at a LOS B between Red Hill Avenue and Browning
Avenue. The above counts are from the most recent Citywide
annual average daily traffic (ADT) counts, performed in
November 1993. Along the project frontage, the alignment of
E1 Camino Real has minimum horizontal and vertical curvature,
providing for adequate sight distance at the project driveway.
Based on the submitted development plans and the 1991
Institute of Traffic Engineers (ITE) Trip Generation Manual,
it is anticipated that the peak traffic generation periods for
the project will occur on Saturdays and Sundays. The project
is anticipated to generate 100 vehicle trips per day on
Saturday and also on Sunday. During the weekday PM peak hour
it is anticipated to generate 17 vehicle trips, and 12 vehicle
trips are anticipated in the AM peakhour. The critical impact
periods (worse case scenario) at the E1 Camino Real/Red Hill
Avenue intersection occur between 7:00 and 9:00 AM and between
4:00 and 6:00 PM. The peak traffic generation times for the
proposed project occur outside of the normal weekday AM-PM
peakhour window and therefore, will not have a significant
impact upon the critical weekday periods of operation
pertaining to traffic volumes.
Discussion of Environmental Evaluation
Conditional Use Permit 93-038, Variance 94-006
Design Review 93-040 and SCE 93-003 (Allstar Service Plus)
July 18, 1994
Page 8
Due to the location of the site at the intersection of Red
Hill Avenue and E1 Camino Real, the close proximity of the I-5
Freeway off ramp, and the counterclockwise on-site vehicular
circulation, the applicant has proposed that a single, 30 foot
wide, driveway apron be located on E1 Camino Real adjacent to
the easterly property line. The proposed driveway location is
supported by the Public Works Department as they have required
that the existing driveway apron on Red Hill Avenue be
eliminated, which will minimize impacts to Red Hill Avenue.
The proposed project provides eleven (11) of the fourteen (14)
parking spaces required. The applicant has applied for a
variance to allow this reduction in the number of on-site
parking spaces. According to the applicant, under normal
circumstances most customers would not park their vehicles in
these spaces because the majority of vehicles would be driven
off. the site immediately following servicing. A maximum of
six (6) employees is expected during any one shift. Therefore
the eleven (11) spaces should be sufficient to accommodate
parking demand. In the event that adjacent surplus land is
released by Caltrans in the future, additional on-site parking
spaces could be provided to effectively reduce or eliminate
the parking variance.
Based on the above information, it is determined that the
proposed project will not have significant impacts upon
traffic volumes and will not have a significant impact to the
area in the form of cumulative negative circulation impacts as
mitigated through the dedication of additional right-of-way
along the E1 Camino Real Frontage.
Source: City of Tustin Community Development and Public Works
Departments, Field Observations, proposed Development Plans
Mitigation/Monitoring: Street right-of-way dedication in the
form of an irrevocable offer of dedication at this time will
be required along the E1 Camino Real frontage to accommodate
the project's impact on traffic congestion and circulation
which is exacerbated by the project's driveway location within
100 feet of the intersection of Red Hill Avenue and E1 Camino
Real.
The driveway apron shall be designed at a 30 foot width at the
easterly property line to minimize impacts to Red Hill Avenue.
The proposed landscape adjacent to the driveway shall comply
with sight visibility requirements.
Discussion of Environmental Evaluation
Conditional Use Permit 93-038, Variance 94-006
Design Review 93-040 and SCE 93-003 (Allstar Service Plus)
July 18, 1994
Page 9
If any available land adjacent to the site is released by
Caltrans and acquired by the owner of the subject property,
the property owner shall submit a parking 10t expansion plan
to the Community Development Department for approval and shall
provide additional parking spaces and landscaping on the
surplus land as approved by the Community Development
Department.
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15.
Public Services - A throuqh C "Maybe", D throuqh 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 proposed to provide landscape planting areas
adjacent to exposed wall areas and to limit the amount of
window area 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.
Enerqy - 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. Electrical
and Gas capacities required for the project are existing and
have been designed to accommodate 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.
Discussion of Environmental Evaluation
Conditional Use Permit 93-038, Variance 94-006
Design Review 93-040 and SCE 93-003 (Allstar Service Plus)
July 18, 1994
Page 10
M~tzgat~on/Mon~tor~ng. 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 reduced energy lamps for all
light fixtures.
16. Utilities - A throuqh 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 the auto service facility, on
this parcel and are therefore adequate to serve the proposed
project. The proposed project would not require the need for
additional utilities to serve the site.
Source: City of Tustin Public Works Department
Mitigation/Monitoring: None Required.
17. ~{,,man ~ealth - A and B - "No" - The proposed project would not
result in any effect on human health. The proposed use as an
auto service facility would not create conditions that
negatively affect human health. Currently there exists a
soil/ground water remediation system on the subject site,
which is monitored by the Orange County Health Department,
Environmental Division.
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. The applicant shall
also submit a letter stating hazardous material clearance of
the site from the Orange County Health Department. Soil and
ground water quality shall be monitored by the Orange County
Health Department, Environmental Division.
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 a
trash receptacle of sufficient capacity to accommodate the
proposed auto service use. Pursuant to the City of Tustin
Discussion of Environmental Evaluation
Conditional Use Permit 93-038, Variance 94-006
Design Review 93-040 and SCE 93-003 (Allstar Service Plus)
July 18, 1994
Page 11
19.
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.
Hazardous wastes such as waste oil shall be disposed of in
accordance with the requirements of the Orange County Health
Care Agency - Environmental Health Division, and the Orange
County Fire Department.
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, Orange County Health Care Agency -
Environmental Health Division, Orange County Fire 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. All hazardous wastes shall be
disposed of in accordance with the requirements of the Orange
County Health Care Agency - Environmental Health Division, and
Orange County Fire Department. Compliance shall be verified
at Building Permit plan check. The applicant shall also
submit a letter stating hazardous material clearance of the
site from the Orange County Health Department.
Aesthetics - "Maybe" The proposed auto service facility
consists of an approximately 4,900 square foot building
(includes a 1,300 square foot basement), eleven (11) parking
spaces, vehicle stacking area, trash enclosure, two
freestanding signs and landscaped planting areas. Four drive-
through service bays, which are oriented toward Red Hill
Discussion of Environmental Evaluation
Conditional Use Permit 93-038, Variance 94-006
Design Review 93-040 and SCE 93-003 (Allstar Service Plus)
July 18, 1994
Page 12
Avenue and the adjacent property to the east, comprise the
majority of the building. A customer service area is located
in the middle of the building with offices and employee areas
directly above on the second floor. The 22 foot tall, flat
roofed building features a painted plaster finish; radiused
glass block columns at all four corners and also framing the
pedestrian entrances; and a red neon highlight underneath the
soffit. Business identification includes wall signs, one 28
square foot, six (6) foot tall double faced monument sign, and
one 64 square foot, 48 foot tall double faced freeway pole
sign.
The city of Tustin Community Development Department has
identified that the orientation of the service bays to the Red
Hill Avenue 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 open
bays are oriented toward Red Hill Avenue, a major arterial and
entry to the City from the Interstate 5 Freeway. The
applicant has stated that a site design which orients the auto
service bay openings away from the street frontage and public
right-of-way view would not be practical given the drive-
through nature of the proposed use. The applicant has
proposed that the open bays directly face Red Hill Avenue to
reduce the length of time that the service bays would be
visible for motorists travelling southbound or northbound. In
effect, the open bays would be visible from Red Hill Avenue
mostly in the immediate vicinity of the site. The visual
impacts toward E1 Camino Real are partly reduced by the
adjacent development to the east. It appears that visual
impacts are greatest to those travelling eastbound on E1
Camino Real. The applicant is proposing to increase the
planting at the westerly and northerly property lines 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. Building adjacent landscaping is
also proposed to soften the expanse of the structure.
The site contains two existing 65 foot high sign pole
structures which formerly supported signage for the previous
service station use. The applicant has proposed to reduce the
height of these poles to 48 feet and also to architecturally
alter the poles to match the exterior finish and color of the
Discussion of Environmental Evaluation
Conditiona~ Use Permit 93-038, ~ariance 94-006
Design Revlew 93-040 and scE 932003 (Allstar Service Plus)
July 18, 1994
Page 13
20.
proposed building. The 48 foot height of the proposed sign is
100% greater than the 24 foot height maximum specified in the
City's Sign Code for conditionally permitted freestanding
freeway signs. In addition, the 64 square foot sign area of
the proposed pole sign is about 28% larger than the 50 square
feet specified for conditionally permitted freestanding
freeway signs. Given its size and height, the proposed
freestanding freeway sign would contribute to the sign clutter
existing in the vicinity and would create a negative visual
impact. The City's Sign Code allows up to three wall mounted
business identification signs and one freestanding monument
sign, of which the applicant has proposed one monument and one
wall sign. Two additional wall signs could be proposed which
would provide additional business identification without the
negative visual impacts of the pole sign. Although the
proposed pole sign would provide freeway visibility, this
exposure would mainly serve as a form of advertising to
increase name recognition. The marketing materials for the
subject business indicate that customers will primarily be
drawn from the local, rather than the regional, market area.
Source: Proposed Development Plans, Field observations
Mitigation/Monitoring: The site will be designed to provide
landscape and hardscape screening along the southerly,
easterly and northerly property lines as described above. A
visual buffer consisting of landscaping and earth berms shall
be provided along the Red Hill Avenue E1 Camino Real frontages
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.
The proposed freeway pole sign shall be eliminated or reduced
in height to minimize its visual impacts. Other signage
options, such as additional business identification wall
signs, shall be considered by the applicant. In any event,
the proposed freeway pole sign shall be architecturally
compatible with the auto service building and the other signs
proposed for the site.
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
in the community.
Discussion of Environmental Evaluation
Conditional Use Permit 93-038, Variance 94-006
Design Review 93-040 and SCE 93-003 (Allstar Service Plus)
July 18, 1994
Page 14
21.
22.
Source: city of Tustin community Services Department, City of
Tustin General Plan Land Use Element
Mitigation/Monitoring: None Required.
Cultural Resources - A Throuqh 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 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.
Mandatory Findinqs of Siqnificance - As discussed above, the
proposed project involves the construction and operation of an
auto service facility which would provide fast-tune, smog, and
fast-lube services. The construction of the proposed project
could result in potential impacts to the environment in the
areas of 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 insignificance.
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 - "No": As designed and conditioned, the project would
not achieve short-term goals to the disadvantage of long-term
environmental goals, specifically with regard to traffic and
circulation, aesthetics and light and glare.
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.
Discussion of Environmental Evaluation
Conditional Use Permit 93-038, Variance 94-006
Design Review 93-040 and SCE 93-003 (Allstar Service Plus)
July 18, 1994
Page 15
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: Ail sources listed in items 1 - 21 of this Initial
Study, Submitted development plans, Applicable City and State
Codes.
Mitig&tion/Monitoring: As stated above, mitigation measures
have been identified in Items 1 - 21 of this Initial Study and
have either been implemented in the project's design or will
become Conditions of Approval.
SR:br/cupg~-O38.env
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RESOLUTION NO. 94-81
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, RECERTIFYING THE FINAL NEGATIVE
DECLARATION, AS MODIFIED, AS ADEQUATE FOR
CONDITIONAL USE PERMIT 93-038 AND DESIGN REVIEW 93-
040 INCLUDING REQUIRED FINDINGS PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT.
The city Council of the City of Tustin does hereby resolve as
follows:
The Planning Commission finds and determines as follows:
The request to approve Conditional Use Permit 93-
038 and Design Review 93-040 are considered
"projects" pursuant to the terms of the California
Environmental Quality Act.
A Negative Declaration has been prepared for this
project and has been distributed for public review.
Whereby, the Planning Commission and City Council
of the City of Tustin has considered evidence
presented by the Community Development Director and
other interested parties with respect to the
subject Negative Declaration.
The City Council has evaluated the proposed final
Negative Declaration and determined it to be
adequate and complete, as modified.
II.
A Final Negative Declaration has been completed in
compliance with CEQA and State guidelines. The City
Council, having final approval authority over Conditional
Use Permit 93-038 and Design Review 93-040 has received
and considered the information contained in the Negative
Declaration, prior to approving the proposed project, and
found that it adequately discussed the environmental
effects of the proposed project. The City Council has
found that the project as conditioned involves no
potential for an adverse effect, either individually or
cumulatively, on wildlife resources and makes a De
Minimis Impact Finding related to AB3158, Chapter 1206,
Statutes of 1990. On the basis of the initial study and
comments received during the public review process, the
City Council has found that although the proposed project
could have a significant effect on the environment, there
will not be a significant effect on it in this case
because mitigation measures identified in the Negative
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Resolution No. 94-81
Page 2
Declaration and as modified by the City Council have been
incorporated into the project which mitigate any
potential significant environmental effects to a point
where clearly no significant effect would occur and are
adopted as findings and conditions of Resolution No. 94-
82, incorporated herein by reference. In particular, the
city Council finds that the project will have a
significant adverse effect on traffic circulation along
the E1 Camino Real frontage and that the dedication of
additional right-of-way will mitigate such impacts to a
level of insignificance.
PASSED AND ADOPTED at a regular meeting of the Tustin city
Council, held on the 18th day of July, 1994.
THOMAS R. SALTARELLI
MAYOR
Mary E. Wynn, City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
SS
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
Resolution No. 94-81 was duly passed and adopted at a regular
meeting of the Tustin City Council, held on the 18th day of
July, 1994, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
Mary E. Wynn, City Clerk
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RESOLUTION NO. 94-82
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, UPHOLDING THE PLANNING COM~ISSION'S
ACTION RELATED TO CONDITION NO. 6.1 AND
MODIFYING ITS ACTION REGARDING CONDITION NO.
6.4 OF CONDITIONAL USE PERMIT 93-038, A
REQUEST TO ESTABLISH AND OPERATE AN AUTO
SERVICE FACILITY WITHIN THE CENTRAL COMMERCIAL
(C-2) DISTRICT AND DESIGN REVIEW 93-040 FOR AN
APPROXIMATELY 4,900 SQUARE FOOT AUTO SERVICE
FACILITY LOCATED AT 13922 RED HILL AVENUE,
TUSTIN, CA.
The City Council of the city of Tustin does hereby
resolve as follows:
I. The City Council finds and determines as follows:
A. That proper applications, Conditional Use
Permit 93-038 and Design Review 93-040, were
filed by A1 Swearingen to authorize the
establishment and operation an auto service
facility pursuant to City Code Section
9233(c); and requesting approval of an
approximately 4,900 square foot auto service
facility located at 13922 Red Hill Avenue,
Tustin, California.
That a public hearing was duly called, noticed
and held for said application on June 13, 1994
by the Planning Commission. The Planning
Commission approved the request to establish
an auto service facility at 13922 Red Hill
Avenue by the adoption of Planning Commission
Resolution No. 3275.
That the property owner has appealed the
Planning Commission's Action related to
Condition Nos. 6.1 and 6.4 of Planning
Commission Resolution No. 3275 to the City
Council.
That a public hearing to consider the appeal
was duly called, noticed and held for said
appeal on July 5, 1994 by the City Council and
was continued to July 18, 1994.
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Resolution No. 94-82
Page 2
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 auto service facility 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 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 proper devices to restrict glare
toward adjacent properties or the public
right-of-way. The applicant proposes to
install landscaping adjacent to walls and
is encouraged to paint the exterior of
the building with "anti-graffiti" coating
to reduce the opportunity for vandalism
and graffiti.
The operation and installation of the
proposed auto service facility 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, and conditions
are proposed to mitigate adverse impacts.
The auto service use would not be
expected to have any additional impacts
in terms of traffic volumes, water and
sanitation requirements and utility usage
than existing commercial zoned parcels
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Resolution No.
Page 3
94-82
surrounding the site. As conditioned,
any potential adverse impacts related to
noise, lighting, drainage, traffic
circulation or waste generation will be
mitigated through conditions of approval.
The operation and installation of the
proposed auto service 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 auto
service building is in scale with the
surrounding existing structures and is
proposed to be of an appropriate
architectural design. The applicant is
proposing the installation of landscaped
areas located at the perimeter of the
site and adjacent to the auto service
building to soften the impact of the
proposed building's massing. The
· proposed landscaped areas will also
soften the impact of the expanses of
paved areas throughout the site.
The operation and installation of the
proposed auto service 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 reduce
impacts on the existing street traffic
patterns. The on-site circulation and
has been designed to reduce the potential
for traffic conflicts by providing
adequate drive aisle widths and
maneuvering space.
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Resolution No. 94-82
Page 4
Pursuant to Section 9272 of the Tustin Municipal
Code, the Council finds that the location, size,
architectural features and general appearance of
the proposed development will not impair the
orderly and harmonious development of the area, the
present or future development therein, or the
occupancy as a whole. In making such findings, the
Commission has considered at least the following
items:
1. Height, bulk and area of buildings.
2. Setbacks and site planning.
3. Exterior materials and colors.
4. Type and pitch of roofs.
Size and spacing of windows, doors and
other openings.
Towers, chimneys, roof structures,
flagpoles, radio and television antennae.
7. Landscaping, parking area design and
traffic circulation.
8. Location, height and standards of
exterior illumination.
Location and appearance of equipment
located outside of an enclosed structure.
10.
Physical relationship of proposed
structures to existing structures in the
neighborhood.
11.
Appearance and design relationship of
proposed structure to existing structures
and possible feature structures in the
neighborhood and public thoroughfares.
12.
Development Guidelines and criteria as
adopted by the City Council.
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8
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Resolution No. 94-82
Page 5
II.
A Negative Declaration has been prepared and
certified for this project in accordance with
provisions of the california Environmental Quality
Act.
The City Council hereby upholds the Planning
Commission's action related to Condition No. 6.1
and modifies Condition No. 6.4 of Conditional Use
Permit 93-038, a request to authorize the
establishment and operation of an auto service
facility within the Central Commercial (C-2)
District and Design Review 93-040 for an
approximately 4,900 square foot auto service
facility located at 13922 Red Hill Avenue, subject
to the conditions contained in Exhibit A, attached
hereto and incorporated herein by reference.
PASSED AND ADOPTED at a regular meeting of the Tustin
city Council, held on the 18th day of July, 1994.
Mary E. Wynn, City Clerk
THOMAS R.
MAYOR
SALTARELLI
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
SS
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 Resolution No. 94-82 was duly passed and
adopted at a regular meeting of the Tustin city Council,
held on the 18th day of July, 1994, by the following
vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
Mary E. Wynn, City Clerk
(z)
(1)
(l)
(1)
EXHIBIT A
CONDITIONAL USE PEP. MIT 93-038 AND DESIGN REVIEW 93-040
CONDITIONS OF APPROVAL
RESOLUTION NO. 94-82
GENERAL
1.1
1.2
The proposed project shall substantially conform with the
submitted plans for the project date stamped June 13,
1994 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.
1.3
Unless otherwise specified, the conditions contained in
this Exhibit shall be complied with prior to the issuance
of any building permits for the project, subject to
review and approval by the Community Development
Department.
1.4
Conditional Use Permit and Design Review approval shall
become null and void 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)
Approval of Conditional Use Permit 93-038 and Design
Review 93-040 is contingent upon the applicant and
property owner signing and returning an "Agreement to
Conditions Imposed" form as established by the Director
of Community Development.
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.
SOURCE CODES
(1) STANDARD CONDITION
(2) CEQA MITIGATION
(3) UNIFORM BUILDING CODE/S
(4) DESIGN REVIEW
*** EXCEPTION
(5) RESPONSIBLE AGENCY REQUIREMENT
(6) LANDSCAPING GUIDELINES
(7) PC/CC POLICY
Exhibit A - Conditions of Approval
Resolution No. 94-82
Conditional Use Permit 93-038
Design Review 93-040
Page 2
PLAN SUBMITTAL
(3) 2.1 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 installations including cable TV,
telephone, gas, water and electricity.
Additionally, a note on plans shall be included
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 by 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. 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) F. Information, plans and/or specifications to ensure
(5) satisfaction of all Public Works Department
requirements.
Exhibit A - Conditions of Approval
Resolution No. 94-82
Conditional Use Permit 93-038
Design Review 93-040
Page 3
(5) G.
(1)
(5) H.
2.2
(1) 2.3
2.4
Information to ensure compliance with requirements
of the Orange County Fire Chief including required
fireflow and installation, where required, of fire
hydrants subject to approval of the Fire
Department, City of Tustin Public Works Department
and East Orange County Water District.
Information to ensure compliance with the
requirements of the Orange County Sanitation
District No. 7.
Specifications at Building Permit plan check submittal
shall reflect materials call-outs on all elevations with
applicable details and notes added.
A 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.
The locations of all wells related to old underground
gasoline storage tanks on the property and the soil
remediation program which is in progress on the property
shall be identified.
(2) 2.5 An addendum to the corrective action plan for soil
remediation on this site that describes and justifies all
modifications to the current remediation system on-site
shall be submitted to and approved by the Community
Development Department and Orange County Health Care
Agency (OCHCA). This report must indicate: a) the
locations of monitoring and extraction wells currently at
the site; b) which wells will be abandoned; and c) where
replacement wells will be located after site construction
is complete. Replacement well shall be specifically
identified on the site plan and located to not obstruct
site access, building location or required parking
spaces.
(2) 2.6 A workplan for all modifications to the remediation
(5) system at the subject site must be submitted to and
approved by the OCHCA, with approved copies of such
workplan provided to the Community Development
Department.
Exhibit A - Conditions of Approval
Resolution No. 94-82
Conditional Use Permit 93-038
Design Review 93-040
Page 4
(2) 2.7 The applicant shall provide to OCHCA a report on the
findings of the most recent soil samples collected.
These findings will allow OCHCA to evaluate the
effectiveness of the remediation system to date, and will
be used to determine what future activities will be
required.
(2) 2.8 The applicant should consult with the various utility
companies which will provide service to the development
to incorporate energy conserving systems and design
features in the project.
SITE AND BUILDING CONDITIONS
(1) 3.~
(4)
(4)
3.2
3.3
(1)
(4
¸3.4
Ail exterior colors to be used shall be subject to review
and approval of the Director of the Community Development
Department. All exterior treatments shall be coordinated
with regard to color, materials and detailing and noted
on submitted construction plans and elevations shall
indicate all colors and materials to be used.
Ail mechanical and electrical fixtures and equipment
shall be adequately and decoratively screened. The
screen shall be considered as an element of the overall
design of the project and shall blend with the
architectural design of building. All telephone and
electrical boxes shall be indicated on the building plans
and shall be completely screened. Electrical
transformers shall be located toward the interior of the
project maintaining sufficient distance to minimize
visual impacts from Red Hill Avenue and E1 Camino Real.
Mechanical Equipment such as, but not limited to heater
and filter units, pump units, air conditioning condensers
and similar devices shall be screened from street view.
Exterior elevations of the building shall indicate any
fixtures or equipment to be located on the roof of the
building, equipment heights and type of screening. All
roof mounted equipment, vents, exhausts or other roof
penetrations shall be located a minimum of 6 inches below
the top of parapets.
Exhibit A - Conditions of Approval
Resolution No. 94-82
Conditional Use Permit 93-038
Design Review 93-040
Page 5
3.s
(1) 3.6
(1) 3.7
3.8
(1) 3.9
Provide drawings indicating wall materials, cap and other
decorative treatments and color. Property line walls
shall be consistent with main building treatments.
Retaining walls shall have exterior treatments consistent
with other walls. Provide wall/fence legend on site plan
including retaining walls, if any.
The property owners of the auto service facility shall be
responsible for the daily maintenance and up-keep of the
subject center, including but not limited to trash
removal, painting, graffiti removal and maintenance of
improvements to ensure that the facilities are maintained
in a neat and attractive manner. All graffiti shall be
removed within 72 hours of a complaint being transmitted
by the city to the property owner. Failure to maintain
said structures and adjacent facilities will be grounds
for city enforcement of its Property Maintenance
Ordinance, including nuisance abatement procedures. The
applicant is encouraged to coat and protect all wall
surfaces with a graffiti resistant finish and/or
material.
"No Loitering" signs shall be posted on the site, with
sign details and locations to be approved by the
Community Development Department.
Ail exposed metal flashing or trim shall be painted to
match the building.
A sufficient number of trash bins with surrounding
enclosure shall be located on the property and maintained
to avoid health issues for neighboring areas. An
adequate size trash enclosure with solid metal, self-
closing, self-latching gates shall be provided, said
enclosure shall be screened by a solid decorative wall
and be of a minimum height of six feet. The actual
location of the enclosure and types of screening and
details of the enclosure shall be submitted at building
plan check and are subject to approval by the Community
Development Department. The location of bins, sizes and
quantities shall be reviewed and accepted by Great
Western Reclamation.
Exhibit A - Conditions of Approval
Resolution No. 94-82
Conditional Use Permit 93-038
Design Review 93-040
Page 6
(1) 3.10
(4)
(1) 3.ii
(4)
Ail roof access shall be provided from the inside of the
buildings.
No exterior down spouts shall be permitted. All roof
drains shall utilize interior piping, but may have
exterior outlets at base of buildings.
(1) 3.12 Three (3) inch striping detail shall be shown for all
parking spaces. Handicapped marking shall be provided on
the designated accessible parking space.
(6) 3.13 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.
(1) 3.14 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.
(4) 3.~5 The proposed red neon highlight shall be completely
concealed beneath the building's soffit such that the
light fixture is not visible from the public right-of-
way.
(1) 3.15 Provide exact details of all exterior door and window
types, including but not limited to such information as
frame color and glass tint.
If any available land adjacent to the site is released by
Caltrans and acquired by the owner of the subject
property, the property owner shall submit a parking lot
expansion plan to the community Development Department
for approval and shall provide additional parking spaces
and landscaping on the surplus land as approved by the
Community Development Department.
Exhibit A - Conditions of Approval
Resolution No. 94-82
Conditional Use Permit 93-038
Design Review 93-040
Page 7
USE RESTRICTIONS/OPERATIONS
(1)
(1) 4.2
(9)
*** 4.3
The auto service facility, including any roof-top
equipment, vents and exhausts shall comply with the City
of Tustin's Noise Ordinance.
Ail construction operations, including engine warm up,
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.
The future installation of any exterior freestanding
vending machines, such as but not limited, beverage or
soda machines, candy, magazine racks, and any other
retail product is prohibited.
(1) 4.4 Outside address speakers, telephone bells, buzzers and
(2) similar devices which are audible from adjoining
properties shall be prohibited.
*** 4.5 Business hours for the proposed auto service
establishment shall be limited to between 7:00 a.m. and
7:00 p.m. Any extension of these hours shall require
approval of an amendment to this Conditional Use Permit
by the Planning Commission.
(1) 4.6 All business activity, sales, displays or other business
activities shall be conducted entirely within the subject
building.
LANDSCAPINGt GROUNDS AND HARDSCAPE ELEMENTS
(1)
Prior to the issuance of any building or grading permits,
submit at plan check complete detailed landscaping and
irrigation plans for all landscape areas proposed on the
site consistent with adopted city of Tustin Landscaping
and Irrigation Submittal Requirements. Provide summary
table applying indexing identification to plant materials
in their actual location. The plant table shall list
botanical and common names, sizes, spacing, location and
Exhibit A - Conditions of Approval
Resolution No. 94-82
Conditional Use Permit 93-038
Design Review 93-040
Page 8
(1) 5.2
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
provided. Show all property lines on the landscaping and
irrigation plan, public right-of-way areas, sidewalk
widths, parkway areas, and wall locations. The Community
Development Department may request minor substitutions of
plant materials or request additional sizing or quantity
of 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
Community Development Department
The submitted landscaping plans at plan check shall
reflect the following requirements, either incorporated
into the design and/or construction or included as notes:
Turf is unacceptable for grades over 25%. A
combination of planting materials must be used,
groundcover on large areas alone is not acceptable.
Shrubs shall be a minimum of five gallon size and
shall be spaced a minimum of eight feet on center
when intended as screen planting.
Groundcover shall be planted between eight to
twelve inches on center.
When one gallon plant sizes are used the spacing
may vary according to materials used.
Fences, walls and equipment areas shall be screened
with shrubs and/or vines and trees.
fe
Ail plant materials shall be installed in a
healthy, vigorous condition typical to the species
and must be maintained in a neat and healthy
condition. Maintenance includes, but is not
limited to, trimming, mowing, weeding, removal of
litter, fertilizing, regular watering, and
replacement of diseased or dead plants.
Buffer driveway and parking areas with landscaping
berms when possible.
Exhibit A - Conditions of Approval
Resolution No. 94-82
Conditional Use Permit 93-038
Design Review 93-040
Page 9
h. Six (6) inch raised concrete curbs shall be placed
on-site adjacent to all landscape planting areas.
i. Perimeter walls should be treated with vines in
order to relieve large expanse of walls with
greenery and color. Vines should be informally
grouped with training devices installed.
(1) 5.3 Screening adjacent to roadways, whenever possible, shall
(7) compliment the architecture, color and construction
(4) material of primary buildings on the site.
(1) 5.4 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.
(4) 5.5 Decorative pavement treatments as approved by the
Community Development Department shall be provided at the
vehicular entrance to the project.
PUBLIC WORKS
DEPARTMENT
(5) 6.1 This property will require annexation to the Tustin
Landscape and Lighting District. The Engineering
Division will require a letter from the property owner
stating that this annexation will not be protested.
(5) 6.2 The existing driveway on Red Hill Avenue will need to be
removed and full height curb and gutter and full width
sidewalk constructed in its place.
(5) 6.3 The existing curb ramp located within the curb return
will need to be removed and reconstructed per the current
city Standard No. 124.
(5) 6.4 Street right-of-way dedication will be required along the
E1 Camino Real frontage. The City Council finds that an
approximate twelve (12) foot dedication requirement along
the E1 Camino Real frontage is related both in nature and
extent to the project's impact on traffic congestion and
circulation on E1 Camino Real. The City Council
incorporates by reference the findings on traffic
circulation impacts at this location from page seven (7)
Exhibit A - Conditions of Approval
Resolution No. 94-82
Conditional Use Permit 93-038
Design Review 93-040
Page 10
(5) 6.5
(5)
(5) 6.7
of the July 5, 1994 staff report on Conditional Use
Permit 93-038. While the number of trips is not
significant, the combination of additional trips with the
location of the project's driveway within 100 feet of the
intersection will cause a negative impact on circulation
on E1 Camino Real along the project frontage. This
impact will be alleviated by expanding the roadway in
this location to its ultimate design width. This
required dedication should be in the form of an
irrevocable offer of dedication at this time. As based
on the best available information at this time the future
right-of-way line along the E1 Camino Real frontage will
be located 40 feet southerly from the existing street
centerline. In addition, the offer of dedication shall
also include an appropriate corner cut-off which would
accommodate the construction of a curb ramp per the
current City Standard No. 124.
No street right-of-way dedication will be required along
the Red Hill Avenue frontage, and no right-of-way
improvements shall be required to be constructed along E1
Camino Real or Red Hill Avenue.
The Engineering Division will require a legal description
and sketch of the offer of dedication as prepared by a
California Registered civil Engineer or Licenses Land
Surveyor along with a copy of the legal vesting on the
property.
A separate 24" x 36" street improvement plan, as prepared
by a California Registered civil Engineer, will be
required for all construction within the public right-of-
way.
A separate 24" x 36" reproducible traffic control plan,
as prepared by a California Licensed Traffic Engineer
and/or Civil Engineer experienced in this type of plan
preparation, will be required.
In addition to the normal full size plan submittal
process, all final development plans including, but not
limited to: tract maps, parcel maps, right-of-way maps,
records of survey, improvements, final grading plans, and
site plans are also required to be submitted to the
Public Works Department/Engineering Division in computer
aided design and drafting (CADD) format. The acceptable
formats shall be intergraph DGN or Autocad DWG file
format, but in no case less than DXF file format. The
city of Tustin CADD conventions shall be followed in
preparing plans in CADD and these guidelines are
available from the Engineering Division.
Exhibit A - Conditions of Approval
Resolution No. 94-82
Conditional Use Permit 93-038
Design Review 93-040
Page 11
The CADD files shall be submitted to the City at the time
the plans are approved, and updated CADD files reflecting
"as built" conditions shall be submitted once all
construction has been completed.
(1)
6.8
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:
Curb and gutter;
Sidewalk;
Drive apron; and
Street paving;
BUILDING DIVISION
(5) 7.1 One-hour fire-rated occupancy separation is required
between B-1 (Garage) and B-2 (offices).
(1)
"A parking space, primary entrance to the building, the
primary path of travel, sanitary facilities, drinking
fountain, and public telephones shall be accessible to
persons with disabilities."
FIRE DEPARTMENT
(5) s.1
Prior to the issuance of any building permits for
combustible construction, a letter and plan from the
developer shall be submitted to and approved by the Fire
Chief. This letter and plan shall state that water for
fire fighting purposes and an all weather fire access
road shall be in place before any combustible materials
are placed on the site.
(5)
8.2
Prior to the issuance of any certificates of use and
occupancy, all fire hydrants shall have a "Blue
Reflective Pavement Marker" indicating its location on
the street or drive per the Orange County Fire Department
Standard. On private property these markers are to be
maintained in good condition by the property owner.
Exhibit A - Conditions of Approval
Resolution No. 94-82
Conditional Use Permit 93-038
Design Review 93-040
Page 12
(5) 8.3
(5)
(5) 8.5
(5) 8.6
Prior to the issuance of any building permits, the
applicant shall submit a detailed letter of intended use
for the building.
Prior to the issuance of any building permits, contact
the Orange County Fire Department Hazardous Materials
Disclosure office at (714) 744-0463 to obtain a
"Hazardous Materials Business Information and Chemical
Inventory Packet". This shall be completed and submitted
to the Fire Chief before the issuance of any building
permits.
Prior to the issuance of any grading permits, the
applicant shall submit to the Fire Chief a list of the
quantities of all hazardous, flammable and combustible
materials, liquids or gases. These liquids and materials
are to be classified according to the "Orange County Fire
Department Chemical Classification Handout". Provide a
summary sheet listing each hazard class, the total
quantity of chemicals stored per class and the total
quantity of chemicals used in that class. All forms of
materials are to be converted to units of measure in
pounds, gallons and cubic feet. Compressed gases and
compressed liquified gases are to be converted to cubic
feet.
a. Fire Department final Inspection is required.
Schedule inspection two (2) days in advance. Fire
Department telephone number 832-1011.
b. Location and classifications of extinguisher to be
determined by Fire Inspector.
c. Storage, dispensing or use of any flammable and
combustible liquids, flammable and compressed
gasses and other hazardous materials shall comply
with Uniform Fire Code Regulations.
d. Building(s) not approved for high piled combustible
storage. Materials in closely packed piles shall
not exceed 15 feet in height, 12 feet on pallets or
in racks and 6 feet for tires, plastics and some
flammable liquids. If high stock piling, comply
with UFC , Article 81 and NFPA Standard 231 and
231D.
Exhibit A - Conditions of Approval
Resolution No. 94-82
Conditional Use Permit 93-038
Design Review 93-040
Page 13
Plans of modification to or
detector or alarm system(s)
the Fire Department prior to
new fire protection,
shall be approved by
installation.
POLICE DEPARTMENT
(5) 9.1
The applicant shall submit a lighting survey for the
project which shows that the lighting meets the minimum
on one footcandle.
(5) 9.2
The applicant shall maintain the proposed landscape berm
at a height not to exceed 42" to allow for surveillance
of the property from a vehicle.
(5) 9.3
Ail doors, windows and locking hardware shall meet the
requirements as set forth in the City of Tustin Security
Code.
FEES
(i)
10.1 Payment of the following fees prior to the issuance of
any building permits shall be required.
Major thoroughfare and bridge fees to Tustin Public
Works Department.
b. Orange County Sanitation District No. 7 sewer
connection fees to the Community Development
Department.
Ail applicable building and grading plan check and
permit fees to the Commu. nity Development
Department.
Orange County Fire Department fees to the Community
Development Department.
School facilities fee to the Tustin Unified School
District, as applicable.
f. East Orange County Water District fees to the
Community Development Department.
Exhibit A - Conditions of Approval
Resolution No. 94-82
Conditional Use Permit 93-038
Design Review 93-040
Page 14
*** 10.2
(5)
Within forty-eight (48) hours of approval of the subject
project, the applicant shall deliver to the Community
Development Department, a cashier's check payable to the
COUNTY CLERK in the amount of $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.
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