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HomeMy WebLinkAbout03 APPEAL CUP 93-038 07-05-94AGENDA NO. 3 Inter-Com DATE: JULY 5, 1994 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: COM/~UNITY DEVELOPMENT AND PUBLIC WORKS DEPARTMENTS SUBJEC~ - APPEAL OFCONDITIONAL 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 adequate for the project by adopting Resolution No. 94-81; and Uphold the Planning Commission's action related to Condition Nos. 6.1 and 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 Tunding opportunities through the County's Measure "M" Program are adversely affected. As estimated by the Public Works Department, the right-of-way acquisition could cost the City in excess of ninety thousand dollars ($90,000). 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 (Attachment A). The property owner states in his' letter that under no circumstances will he grant the required dedication of right-of-way to the City without just compensation and that he objects to the property being included in the City's Landscape District. The two conditions being appealed are listed below. City Council Report Conditional Use Permit 93-038 July 5, 1994 Page 2 Condition No. 6.1 of Planning Commission Resolution No. 3275 states that: "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." Condition No. 6.4 of Planning Commission Resolution No. 3275 states that: "Additional street right-of-way dedication will be required along both Red Hill Avenue and E1 Camino Real frontages. This 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 Red Hill Avenue frontage will be located 69 feet easterly from the existing street centerline and along the E1 Camino Real frontage the future right-of-way line 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. The Engineering Division will require a legal description and sketch of the offer of dedication as prepared by a California Registered civil Engineer or Licensed Land Surveyor along with a copy of the legal vesting on the property." 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 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. The applicant was informed of the availability of a staff report. City Council Report Conditional Use Permit 93-038 July 5, 1994 Page 3 DISCUSSION The applicant, Allstar Lube and Tune, proposes to construct a new 4,900 square foot auto service facility with four (4) drive-through service bays which would provide fast-tune, smog, and fast-lube services to the general public. Several discretionary actions were approved by the Planning Commission at the June 13, 1994 meeting. These approvals included a Conditional Use Permit for the establishment of the auto service facility, a Variance for a reduction in the required number of parking spaces on the site, and a Design Review for the facility., site improvements, and exposed neon. The request for a Conditional Use Permit for a freestanding freeway Sign and a Sign Code Exception for deviations from the freestanding freeway sign criteria were continued by the Planning Commission to resolve certain issues relating to signage on the site. Signage issues remain within the purview of the Planning Commission until such time as they take a formal action. They are not a part of this appeal and should not be discussed in the event the City Council will need to hear a future appeal. In making the required findings for approval of the Conditional Use Permit for the auto service facility, the Planning Commission considered such items as traffic circulation, noise, lighting, property maintenance and other items which could be mitigated to ensure that the proposed use would not have a negative impact on surrounding properties. As a result, conditions were imposed to address these issues. These conditions included several which were recommended by the Public Works Department, two of which are being appealed by the applicant and are discussed below. LANDSCAPE AND LIGHTING DISTRICT The applicant has requested that the requirement for the subject property to be annexed into the Tustin Landscape and Lighting District be eliminated. When this condition was imposed on the project, the property had not yet been annexed into the District. However, on June 20, 1994, the Public Works Department provided information to the Council regarding the Landscape and Lighting District, and the Council approved the annexation of the subject property into the District. Based on direction from the City Attorney, detachment of the subject property from the District would require formal procedures including proper noticing and approval by the City Council of a City Council Report Conditional Use Permit 93-038 July 5, 1994 Page 4 resolution of intention to detach the property. It is not recommended that the City Council approve this detachment because it would establish a precedent for other properties to be removed from the District. The purpose of the Tustin Landscape and Lighting District is to finance the cost of providing maintenance and operation of street and highway landscaping and street lighting in selected areas within the Tustin City limits. As properties are developed, they are annexed into the District. The City Council formed the District on July 15, 1985 by adopting Resolution No. 85-75. The Landscaping and Lighting Act of 1972 permits the establishment of Assessment Districts by cities for the purpose of providing cartain public improvements which include maintenance and operation cf street lights and landscaping. The Act requires that the assessments be levied according to benefit rather than according to assessed value. The Act also permits various assessments based on the different degrees of benefit and therefore, requires the levy cf an assessment rather than a special tax. According to the applicant, the objection to inclusion into the District is based on the proposed project not involving any City installed or maintained landscaping. The Public Works Department has indicated that landscaping assessments only apply to properties within the East Tustin area and therefore the annual assessment of $35.84 for the subject property is based entirely on the cost of s~reet lighting improvements in the District. Furthermore, there are no automatic consumer price index increases for the assessment, but the amount may actually decrease over time as more properties are annexed into the District. ~arrently there are two (2) street lights adjacent to the subject property. Although no additional street light fixtures are proposed adjacent to the property, the District assessment would provide for the maintenance and repair of the existing street lights which would benefit the proposed development. In addition, the development would benefit from new street lights throughout the C~ty, in that the lighting provides for an attractive and safe environment for the entire City which benefits the business community of which this development would be a part. City Council Report Conditional Use Permit 93-038 July 5, 1994 Page 5 RIGHT-OF-WAY DEDICATION The applicant has also requested that the Condition requiring an irrevocable offer of street right-of-way ~edication along Red Hill Avenue and E1 Camino Real be eliminated. In the applicant's opinion, this condition is not reasonably related to the public need or burden created by the proposed project. In addition, the applicant stresses that the city's traffic analysis of the project, which concluded that traffic impacts would not be significant, shows that there is no nexus between the use of the property and the widening of Red Hill Avenue and E1 Camino Real. The applicant believes that the value of the requested dedication is substantial and that he should receive just compensation from the City when the street widening takes place. It should be noted that at this project location, the City has intentions to implement projects that would satisfy the physical site improvement requirements and has removed any requirements for those improvements from this project's responsibility. In other words, the applicant is being required to dedicate the land, but not to provide right-of-way improvements which would normally be required of a developer. These site improvements have a value of approximately thirty thousand dollars (30,000). There are several reasons why the City is requiring the dedication of land along the street frontages of the proposed project. These reasons are based on the County of Orange Master Plan of Arterial Highways (MPA/{), the City's General Plan Circulation Element, and the Tustin City Code. The rights-of-way on Red Hill Avenue and E1 Camino Real along the project frontage are not currently improved to the ultimate improvements as defined by the Major Arterial and Secondary Arterial designations, respectively, as identified in the MPAH and the City's General Plan. 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 will 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. City Council Report Conditional Use Permit 93-038 July 5, 1994 Page 6 In the area of the project, the current 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 meet the street's designation as a Secondary Arterial. The widening of these streets to their ultimate right-of-way configuration would bring them into conformance with the County's MPA}{ and the City's General Plan. If the City does not provide for the necessary future right-of-way on the arterial roadway system as identified in these Plans, the City's future funding opportunities through the County of Orange Measure "M" Program could be adversely affected. The following three policies contained in the City's General Plan Circulation Element support the Citywide goal of providing a circulation system which adequately serves the community: Policy 1.2: "Develop and implement circulation system standards for roadway and intersection classifications, right-of-way width, pavement width, design speed, warrant requirements, capacity, maximum grades and associated features such as medians and bicycle lanes or trails that are adjacent or off road." Policy 1.16: "Continue to require dedication of right-of- way and construction of required public improvements on street adjacent to construction projects at the developer's expense." Policy 6.14: "Require new development to dedicate land and fund improvement of bicycle, pedestrian and equestrian facilities, where deemed necessary to meet public needs arising in conjunction with development." These policies, which were adopted by the City Council, clearly indicate that it is the City's policy to maintain a circulation system which is supported by the dedication of right-of-way at the developer's expense. City Council Report Conditional Use Permit 93-038 July 5, 1994 Page 7 Tustin City Code Section 927t(x) (Attachment B) reinforces this policy by stating that no land which abuts upon any existing highway shown on the Master Plan of Streets and Highways shall be used for commercial uses unless the. right-of-wgy for such highway has been dedicated to the City, and such right-of-way has been fully improved to the City Standards. As previously mentioned, in the future the City will be providing the actual street improvements within the ultimate right-of-way. In the event that the dedication is not required of the property owner, the cost of acquisition would be indirectly borne by City residents through the depletion of approximately ninety thousand dollars ($90,000) in Measure "M" funds. 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 ~ould 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. 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. City Council Report Conditional Use Permit 93-038 July 5, 1994 Page 8 ENVIRONMENTAL ANALYSIS A Negative Declaration was prepared for this project. Based upon the review of the project, staff has determined that any potential impact can b~itigated to a ]mu~] ~,,eh=that no significant impacts would occur for this project provided that all conditions of approval are adopted. Identified mitigation measures are included in the Resolutions for the project. In the event the City Council wishes to modify the conditions of approval for the project, additional discussion and findings should be added to the City's environmental analysis for the project. CONCLUSION The Planning Commission's decision to approve Conditional Use Permit 93-038 related to Conditions of Approval 6.1 and 6.4 was based on consistency with the City's General Plan and Zoning Code and the County's Master Plan of Arterial Highways. Deviating from the MPAH could place the City in noncompliance with the consistency requirement of the MPAH which would directly jeopardize future Measure "M" funding opportunities. Based on the above analysis, it is recommended that the City Council uphold the Planning Commission's action related to Condition Nos. 6.1 and 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 Christine A. S~ngleton Assistant Citer/Manager Community Development $CR: br:/CUP93 - 038. app Attachments: Location Map A - Letter of Appeal dated June 16, B - City Code Section 9271(x) Submitted Plans Resolution Nos. 94-81 and 94-82 1994 LO~ATION MAP~? ~ . NO SCALE EDGAR E. PANKEY 320 ~ MAIN STREET TUSTIN, CALIFORNIA (714) 544-i224 June 16, 1994 RECEIVED J I 6 COM,~UNITY DEYELOPMDff BY City of Tustin Department of Community Development Planning Commission Attention: Scott Reekstin 300 Centennial Way Tustin~ CA 92680 Re' Appeal from Planning Commission Resolution 3275 Dear Commissioners: On June 13, 1994, the Planning Commission of the City of Tustin passed and adopted the above referenced resolution pertaining to the application for Conditional Use Permit 93-038, filed by Allen Swearingen of All Star Service Plus Corporation, authorizing the establishment and operation of an automotive service facility at 1392 Red Hill Avenue. The undersigned is the owner of this property, All Star is my tenant. By this letter, I am requesting an appeal before the full City Counsel of the City of Tustin for the purposes of having the Counsel reconsider and remove one of the conditions of approval to resolution 3275, described as condition 6.4. This condition requires inter alia that I, as the property owner, deliver to the City of Tustin for recordation, an Irrevocable Offer of Dedication of significant strips of property along the property's borders with El Camino Real and Red Hill Avenue to accommodate the City's anticipated goal of widening these streets at some time in the future. I believe that the value of the land, which is the subject of the requested dedication, is substantial. In 1989, Cal Trans paid to me a sum in excess of One Hundred Thousand Dollars as compensation for the taking of a small strip of land along the Red Hill Avenue boundary of the property for purposes of aocommodating modification of the I-5 intersection at Red Hill. The objection to Condition of Approval 6.4 is that it is not reasonably related to the public need or burden created by the land use, for which the permit is sought, and as such, it is an improper use of the Planning Commission's power to impose reasonable conditions upon the granting of a Conditional Use Permit. The Commissions own staff report dated June 13, 1994 makes it abundantly clear that there is no nexus between my tenant's intended use of the property and the City's larger goal of widening Red Hill and E1 Camino Real: ATTACHMENT A City of Tusfin June 16, 1994 Page 2 "Rod Hill Avenue is currently operating at a level of service (LOS) B in the area of the I-5 Freeway and E1 Camino Real is currently operating at a LOS B between Red Hill Avenue and Browning Avenue. It is anticipated that the peak traffic generation periods for the project will occur on Saturdays and Sundays when the project is anticipated to generate 100 vehicles trips per day. 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." In sum, the relationship between All Star's intended use of the premises and the City's apparent desire to improve traffic circulation along these two streets is negligible at best. I also object to inclusion of my property in the Landscape District (Condition 6.1) since nothing, with respect to the proposed project, will involve city installed or maintained landscaping. Mr. Swearingen, the president of the applicant, All Star Service Plus Corporation, is joining in the appeal since I have informed him that under no circumstances will I grant to the City, without just compensation, the substantial fight-of-ways they are requesting, even if that results in the loss of his Conditional Use Permit as a result of my failure to acquiesce the dedication requested under section 6.4. As such, I would request that the City Counsel remove the condition as an unreasonable application of the Planning Commission's power by either removing the condition from the resolution entirely or, providing in the Offer of Dedication, that I receive just compensation when the City decides to widen Red Hill Avenue and El Camino Real. EEP:slb Ve[[)ruly yours: Edgar E. Pankey cc: Allen Swearingen TLISTLN CITY CODE ZONING 9271v v Prefix and Suffix to Districts ,~. numerical prefix and/or suffix may be added to any distr/ct. The prefix shall establish the minimum width for a building site measured in feet at the building setback line; the numerical suffix shall establish the minimum number of square feet for a building site in said zone_ However, the numerical suffix and building site shall in no case be less than the minimum lot size established in this Chapter_ This section shall not apply to a P-D District. (Ord_ No. 248. Sec. 2) w - Distance ~equirements--S:,.ngle Si~te: One- and Two.Story No dwelling or main building one,story in height shall be closer than ten (10) feet to any other dwelling or main building of equal height on th, e same building site; and no dwelling or main building two stories in height shall be closer than fifteen (15) feet to any other dwelling or main building upon the same building site. (Ord. 1N!o. 202, Sec. 2) Highway Dedication and Improvement No building and no land shall be used for any of the commercial use-~ permitt~l in the C-2, C-3 or M Zones, nor shall any certificate of use and occupancy therefor be issued by the Building and Safety Department, ~here the land upon which such building or land ~ be ~ for said uses abuts upon, and the ingress or egress to the said building or land is by way of or into or upon any e×is~ing highway or highways shown on the Master Plan of Streets and Highways, adopted by the City of Tustin on December 5, 1960, ~s amended, until and unless the fight-of-way for such highway or highways to the width shown on "Standard Streets and Highways Plans" has been dediaatod to or vested in the City of Tu~tin, and such right, of-way has been improved by installation of curbs, gutters, and street drainage, in full compliance vrith the City of Tustin Street Improvement Standards, as amended, or the owner has dedi- eat~ or irrevocably offered to dedicate such right-of-way and prepared plans for the improve- ment and has entered into an agreement with the City to make such improvements. In the event an agreement for the improvement is entered into, the City Council may require that the agreement be secured by a good and sufficient bond, or it may accept in lieu thereof a cash deposit, which bend or cash deposit shall be in. an amount equal to the estimated cost of the improvement. Commercial use, as used'in this section means any retail, wholesale, or manufacturing busi ness, the c~-rying on of any profession, the operation of mobile home parks, hotels, or any business, but aces not iht!tide farming, including al! types o,~ ~g:-~culture and horticultu_~e, or the conducting ef temporary stands for the sole of agricultural or farming product~ gro-~n or pro6uced in the prcmises as ar:ce.~:,,'-j use to the land. or the conducti~:[ ¢,f any heine cccu pa~ien Pro~ided, kowever, that sldewalkz shal! ~ot be required ir. the M Eone. (Ord. iqo. 9.93, Sec 4) y Criteria for dish antenna installation (!) Definition. For the purpose of this section, a "dish antenna" is a disc-shaped antenna either solid or mesh type construction exceeding three (3) feet in diameter, intended LU-2~65 ATTACHMENT B AVENUE REDHILL m ol REDHILL AVENUE ~ Z REDHILL AVENUE lI AVENUE /- o I REDHILL AVENUE Z -4 Z 0 f~ Z 0 ~> 0 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. 94-81 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, RECERTiFYING THE FINAL NEGATIVE DECLARATION 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 Conuuission 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 Planning Commission and City Council have evaluated the proposed final Negative Declaration and determined it to be adequate and complete. 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 involves no potential for an adverse effec%, either individually or cumulatively, on wildlife resources and makes a De Minimis Impact Finding related to kB3158, Chapter 1206, Statutes of 1990. On the basis of 5he initial study and conuments received during the public review process, the City Council has found that although the proposed projects could have a significant effect on the environment, there will not be a significant effec% on it in this case because mitigation measures identified in the Negative Declaration have been incorporated into the project which mitigate any pc%ential 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. 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. 94-81 Page 2 PASSED ~ND ADOPTED at a regular meeting of Council, held on the 5th day of July, 1994. the Tustin City THOMAS R. SALTARELLI M3%YOR 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 5th day of July, 1994, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: 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 RESOLUTION NO. 94-82 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, UPHOLDING THE PLANNING COMMISSION'S ACTION RELATED TO CONDITION NOS. 6.1 AND 6.4 OF CONDITIONAL USE PERMIT 93-038, A REQUEST TO ESTABLISHAND OPERATE ANAUTO 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 Planning Commission. 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 1 2 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Resolution No. 94-82 Page 2 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. The auto service 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, lighting, drainage, 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 24 25 26 27 28 Resolution No. 94-82 Page 3 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. 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. 5 o Size and spacing of windows, doors and other openings. 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. 94-82 Page 4 II. Towers, chimneys, roof structures, flagpoles, radio and television antennae. Landscaping, parking area design and traffic circulation. Location, height and exterior illumination. standards of 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. A Negative Declaration has been prepare~ 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 Nos. 6.1 and 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 bonditions contained in Exhibit A, at%ached hereto and incorporated herein by reference. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Resolution No. 94-82 Page 5 PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on the 5th 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 5th day of July, 1994, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: Mary E. Wynn, City Clerk (1) EXHIBIT A CONDITIONAL USE PERMIT 93-038 AND DESIGN REVIEW 93-040 CONDITIONS OF APPROVAL RESOLUTION NO. 94-82 GENERAL 1.1 (i) 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 Co~umunity 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. Unless otherwise specified, the conditions contained in this Exhibit shall be complied with prior to the issuance of any building permits for the project, subject to review and approval by the Community Development Department. (1) 1.$ 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) 1.4 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. (i) i.s 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) RESPONSIELE AGENCY REQUIREMENT (6) LAiqDSCAPING 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.z At building plan check submittal the provided: (3) A. (2) B. (3) (2) C. (3) (2) (3) (9) E. (4) following shall be 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. Preliminary technical detail and plans for all utility installations including cable TV, telephone, gas, water and electricity. Additionally, a note on plans shall be included stating that no field changes shall be made without corrections submitted to and approved by the Building Official. Final grading and specifications consistent with the site plan and landscaping plans and prepared by a registered civil engineer for approval by the Community Development Department. (1) (5) A precise soils engineering report provided by a soils engineer within the previous twelve (12) months. Expanded information regarding the levels of hydrocarbons and ground water contamination found on site shall be provided in the submitted soils report. A photometric study of the proposed lighting design 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. Fo Information, plans and/or specifications to ensure satisfaction of all Public Works Department requirements. Exhibit A - Conditions Resolution No. 94-82 Conditional Use Permit Design Review 93-040 Page 3 of Approval 93-038 (5) G. (~) (5) H. (1) 2.2 (1) 2.3 (1) 2.4 (2) (2) 2.6 (s) 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. 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 extrac=ion 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. A workplan for all modifications %o the remediation system at the subject site must be submitted to and approved by the OCHCA, with approved copies of such workplan provided to the Ccmmunity 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) (4) (~) (4) (4) 3.1 3.2 3.3 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 (1) 3.5 (1) (z) 3.7 (1) 3.8 (z) 3.9 (1) 3.10 (4) (l) 3.1 (4) 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 alntenance and up-keep of the m ' 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. Ail roof access shall be provided from the inside of the buildings. No exterior down spouts shall be permitted. Ail roof drains shall utilize interior piping, but may have exterior outlets at base of buildings. Exhibit A - Conditions of Approval Resolution No. 94-82 Conditional Use Permit 93-038 Design Review 93-040 Page 6 (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) 3.15 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) 3.16 Provide exact details of all exterior door and window types, including but not limited to such information as frame color and glass tint. *** 3.17 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. USE RESTRICTIONS/OPERATIONS (1) 4.1 (1) (9) The auto service facility, including any roof-top equipment, vents and exhausts shall comply with the City of Tustin's Noise Ordinance. 4.2 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. Exhibit A - Conditions of Approval Resolution No. 94-82 Conditional Use Permit 93-038 Design Review 93-040 Page 7 *** 4.3 (1) (2) (i) 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. 4.4 Outside address speakers, telephone bells, buzzers and 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. 4.6 Ail business activity, sales, displays or other business activities shall be conducted entirely within the subject building. LANDSCAPING~ GROUNDS AND F. ARDSCAPE ELEMENT~ 5.1 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 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 Exhibit A - Conditions of Approval Resolution No. 94-82 Conditional Use Permit 93-038 Design Review 93-040 Page 8 (1) 5.2 (7) (4) 5.3 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. d. When one gallon plant sizes are used the spacing may vary according to materials used. e. Fences, walls and equipment areas shall be screened with shrubs and/or vines and trees. 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. Six (6) inch raised concrete curbs shall be placed on-site adjacent to all landscape planting areas. Perimeter walls should be treated with vines in order t6 relieve large expanse of walls with greenery and color. Vines should be informally grouped with training devices installed. Screening adjacent to roadways, whenever possible, shall compliment the architecture, color and construction material of primary buildings on the site. Exhibit A - Conditions of Approval Resolution No. 94-82 Conditional Use Permit 93-038 Design Review 93-040 Page 9 (7) (4) 5.4 (4) 5.5 Ail walls, fences or landscaping adjacent to streets should be designed to provide adequate sight distance for 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. 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 Additional street right-of-way dedication will be required along both Red Hill Avenue and E1 Camino Real frontages. This 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 Red Hill Avenue frontage will be located 69 feet easterly from the existing street centerline and along the E1 Camino Real frontage the future right-of-way line will be located 40 feet southerly from the existing street centerline. In addition, t~e 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. 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. Exhibit A - Conditions of Approval Resc!ution No. 94-82 Conditional Use Permit 93-038 Design Review 93-040 Page 10 (5) 6.5 (5) 6.6 (5) 6.7 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. 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. 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.z (1) 7.2 One-hour fire-rated occupancy separation is required between B-1 (Garage) and B-2 (offices). "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." Exhibit A - Conditions of Approval Resolution No. 94-82 Conditional Use Permit 93-038 Design Review 93-040 Page 11 FIRE DEPARTMENT (5) (s) 8.2 (5) 8.3 (5) 8.4 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. 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. 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. (5) 8.5 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. (5) 8.6 Fire Department final Inspection is required. Schedule inspection two (2) days in advance. Fire Department telephone number 832-1011. Location and classifications of extinguisher to be determined by Fire Inspector. Exhibit A - Conditions of Approval Resolution No. 94-82 Conditional Use Permit 93-038 Design Review 93-040 Page 12 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. 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. Plans of modification to or new fire protection, detector or alarm system(s) shall be approved by the Fire Department prior to 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. ~EES 10.1 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. Co Orange County Sanitation District No. 7 sewer connection fees to the Co~ununity Development Department. All applicable building and grading plan check and permit fees to the Co~ununity Development Department. Exhibit A - Conditions of Approval Resolution No. 94-82 Conditional Use Permit 93-038 Design Review 93-040 Page 13 *** 10.2 (5) Orange County Fire Department fees to the Community Development Department. e. School facilities fee to the Tustin Unified School District, as applicable. f. East Orange County Water District fees to the Community Development Department. 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. O0 (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. SR:br