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HomeMy WebLinkAbout02 PC REPORT DR 2015-19 TUSTIN FIELD GAS & FOOD I'T'EM #2 AGENDA REPORT MEETING DATE: NOVEMBER 10, 2015 TO: PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: DESIGN REVIEW 2015-19 APPLICANT: TUSTIN FIELD GAS & FOOD 3017 EDINGER AVENUE TUSTIN, CA 92780 PROPERTY OWNER: N.E. ENTERPRISES 3861 WISTERIA STREET SEAL BEACH, CA 90740 LOCATION: 3017 EDINGER AVENUE GENERAL PLAN: PLANNED COMMUNITY COMM ERCIAUBUSINESS (PCCB) ZONING: PLANNED COMMUNITY INDUSTRIAL (PC-IND) JAMBOREE PLAZA PLANNED COMMUNITY DISTRICT REQUEST: A REQUEST TO ALLOW VACUUM HOSES AND AN OUTDOOR CAR CARE VENDING MACHINE WITHIN EXISTING REQUIRED PARKING STALLS. ENVIRONMENTAL: PURSUANT TO SECTION 15270(A) OF THE CALIFORNIA CODE OF REGULATIONS CEQA DOES NOT APPLY TO PROJECTS WHICH A PUBLIC AGENCY REJECTS OR DISAPPROVES. I ._ Planning Commission Report November 10, 2015 DR 2015-19 Page 2 RECOMMENDATION: That the Planning Commission adopt Resolution No. 4301 denying Design Review (DR) 2015-19, a request to allow vacuum hoses and an outdoor car care vending machine within existing parking stalls located at the automated self-service drive-thru carwash at 3017 Edinger Avenue. APPROVAL AUTHORITY: Pursuant to Section 9272 of the Tustin City Code (TCC) the Community Development Director is authorized to approve applications for Design Review. The item is being forwarded to the Planning Commission for consideration to expedite the processing of the application and to avoid an appeal procedure at the administrative level. The applicant has been made aware of staff's inability to support the project as proposed. BACKGROUND: Site and Location The project site is located on the southeast corner of Edinger Avenue and Jamboree Plaza Drive within the Planned Community Industrial (PC-IND) zoning district and designated as Planned Community Commercial/Business by the City's General Plan (Attachment A — Location Map). The site is included within Jamboree Plaza and is regulated by the Jamboree Plaza Planned Community District Regulations. Jamboree Plaza is a triangle shaped commercial/industrial center of approximately 17.5 acres in size and is bounded by Jamboree Road to the east, Edinger Avenue to the south and west, and the Orange County Transportation Authority (OCTA) railway to the north. The Tustin Metrolink Commuter Station lies just to the north of Jamboree Plaza along the railway. Access to the Tustin Metrolink Station is provided through Jamboree Plaza. r -P . , Jamboree Plaza' o , Tustin Legacy a Planning Commission Report November 10,2015 DR 2015-19 Page 3 Surrounding uses include similar industrial and commercial business uses located to the north of Jamboree Plaza across the railroad tracks and within the Irvine Industrial Complex. To the south and east of the site across Jamboree Road are newer residential uses that have been developed at Tustin Legacy. Directly across Edinger Avenue to the west of the site is undeveloped land located at Tustin Legacy. This vacant land is proposed for future residential uses. Jamboree Plaza consists of four (4) separate land use areas that allow for various commercial/industrial activities, some of which include: Retail, commercial, office, automotive services, warehousing, and light industrial uses. There is a total authorized building square footage of 163,200 square feet for Jamboree Plaza, and the center is built out. Railroad Tracks wl, d , 1117:111 it�':I eJ ;`�;i. •• .4rle.'..___._1 _ _ _ --frauu%c.GO�so A itrn r1�rc�a+a..... , / S ``+az ..r /Fj, � •«• � B .Pi7+t/LOGl�wff�v[ d aW1.1 . ///h ,t .. C at'/.G.SR✓.fEUJC� . � �/((. a .. G p.sxF,!!..'•/!'.AQXlJ7lti/ � 1 I 1:1'J.11 RII II.. L I:�II�i+.A47 .�•Il l.:i lC'1 � CT gi Project Site w Edinger Avenue Jamboree Road to 3 JAMBOREE PLAZA - «NN/NG�IfZF,tS SITEPLAN �. ARCHITECTS ORANGE Existing on the subject property is a gasoline service station which provides twelve (12) fueling positions and an automated self-service drive-thru carwash. Also existing on-site is a 2,120 square foot building which includes storage areas and a food mart with a combined Circle K store as well as a Subway sandwich shop. The service station and food mart originally opened for business in 2002 without a carwash facility. On October 20, 2009, the Tustin City Council adopted Resolution Nos. 09-60 and 09-61 approving Design Review for the construction of the automated self- service drive-thru carwash located at the subject property. At the next regular meeting on November 3, 2009, the City Council adopted Ordinance No. 1370 approving Code Amendment 09-003 to reduce the required Edinger Avenue setback to accommodate the Planning Commission Report November 10, 2015 DR 2015-19 Page 4 carwash. The City Council approval allowed for an unmanned drive-through carwash facility where patrons would not be required to leave their cars, and no additional employees would be necessary. Construction of the automated drive-thru carwash received final inspection on February 1, 2012, and has been in operation since that date. Mini-Mart " ' Fuel umps E _ AUtom y � ated Carwash � - •i Vacuum System i Code Enforcement Activity On June 9, 2015, the City received a code enforcement complaint regarding the operation of the automated self-service drive-thru carwash and unpermitted construction at the subject property. The complaint alleged that a cashier is required in the operation of the automated self-service drive-thru carwash and that a vacuum system was installed without permits and occupies required parking stalls. Upon inspection, City staff witnessed that a dedicated employee is stationed at the entry to the carwash to assist customers in providing payment and selecting services. It was also verified that vacuum hoses with signage and a car care center vending system were installed at the subject property without permits and/or approval from the City. The vacuum hoses currently occupy required parking stalls, one of which includes an accessible parking stall which are dedicated to the service station and retail uses at the subject property. The car care vending system has been installed within the required loading space of a van accessible parking stall which no longer meets the minimum required loading dimensions. A Notice of Violation letter was sent to the property owner and business operator at the subject property on June 25, 2015. All of these improvements have changed the nature of the approved use of an automated self-service drive-thru carwash facility. The express carwash was approved as an unmanned drive-through facility; however, the operation of the facility now requires an employee serving as a cashier at the entry to the carwash tunnel and vacuums have been installed in required parking spaces which impacts parking for all uses on the site. When vacuuming occurs the parking spaces are no longer available for patrons of the retail uses of the Subway and Circle K within the mini-mart. This is not representative of the automated self-service drive-thru carwash as approved by the City Council. Planning Commission Report November 10,2015 DR 2015-19 Page 5 " LVacuum Hoses Vacuum Signage i d � � y mar v"�"�,+ -•-. . Required Parking Spaces Vacuum Hoses r iM Car Care Vending System Cf Encroachment into ADA Space Car Care Vending System �MoFA� Aa :fl CAR CARE CENTER rm. Car Care Vending G:L + WI-rH- CJ��S H WITH C Fi WASH 4=. PURCHASE EmployeeVacuum Signage(5 min maxy L TL-X LCUU Lzll-A�P W1,11 S Carwash Operating (/ Nh •moi», "-�•�" w,C.._. Planning Commission Report November 10, 2015 DR 2015-19 Page 7 PROJECT DESCRIPTION: In response to code enforcement activity, the applicant has submitted a Design Review application to permit the vacuum hoses and outdoor car care vending machine at the facility. The applicant disagrees with a number of the Code Violations noted by staff in the Notice of Violation Letter issued on June 25, 2015. In particular, the applicant has made the following statements (paraphrased) in the submitted project description (Attachment C—Submitted Plans) to which City Staff has provided responses: Applicant Statement 1: No employees are required in the operation of the express carwash. When a vehicle pulls up, a mini-mart customer will assist them if necessary with the payment system and guide them into the tunnel. City Response 1: City staff has witnessed an employee standing at the front entry of the carwash tunnel waiting for vehicles to approach on numerous occasions. This appears to be a dedicated employee for the carwash facility. The operation of an unmanned express carwash is predicated on the fact that customers can use the facility without assistance from an employee. Carwashes are permitted uses within Planning Area A of the Jamboree Plaza Planned Community District Regulations. Use of a dedicated employee for the carwash is allowable; however, the required parking of one (1) space per employee based on the largest shift would need to be provided. Applicant Statement 2: Vacuums are a fixture of all express carwashes and have been provided free of charge at the facility since it opened. These were included as part of the original approval. The recently installed vacuums were a replacement of the existing vacuums which were installed at the inception of the carwash. City Response 2: The original vacuum hoses were not included with the approved entitlements nor the building permits for the facility. Vacuum hoses were installed at the facility after final approval of the building permits and without City approval or permits. There are no approved plans that identify the vacuum hoses. Vacuum hoses are a typical feature of carwashes and have been permitted with other carwashes within the City and Jamboree Plaza. The City's Auto Service Design Guidelines as adopted through City Council Resolution No. 98-61, require vacuuming of vehicles to occur only in areas designated on approved plans for such activities. Planning Commission Report November 10,2015 DR 2015-19 Page 8 Additional signage on the vacuums identifying them as such can be perceived as a designated service area which is not available to customers of the retail uses on-site and strictly for carwash customers. Signage at the vacuums indicates that the vacuums are only "free" of charge for five (5) minutes with the purchase of a carwash. Therefore, the vacuums are not really free to the public. This signage further identifies the area as a service area for carwash users specifically. The vacuum system consists of metal arches which hold the vacuum hoses. These arches extend along the striping of the parking stall above the height of a vehicle where the retractable vacuum hose hangs. The entire vacuum system is obtrusive, making it highly visible from the right-of-way. Generally, utility systems such as water, air, or vacuums at a service station are provided in a small unit within a discrete location. The proposed vacuum system becomes a prominent feature of any site due to the design. Applicant Statement 3: There have never been parking issues at the site as the majority of customers utilizing the minimart are also gas customers who park their vehicles at the pump islands. If the pump islands were included as parking spaces then a total of 38 parking spaces on- and off-site would be available. The parking spaces occupied by the vacuum stalls are not limited to carwash customers. There are a number of empty parking spaces within Jamboree Plaza on the weekends as many of the other tenant spaces are not open for business. Walk-in customers have substantially increased with the expansion of the Metrolink rail service. City Response 3: Parking for the facility is based on all uses on-site. The Jamboree Plaza Planned Community District regulations require six (6) parking spaces per service station regardless of the number of pumps. This does not include pump islands as parking spaces. The mini-mart retail and storage uses require an additional nine (9) parking spaces for the facility based on square footage. No additional parking spaces were required for the automated self-service drive-thru carwash as no employees were to be required in its operation. There are fifteen (15) required parking spaces for the facility with eleven (11) provided on- site. The remaining four (4) parking spaces are provided off-site within Parcel C of Jamboree Plaza. The subject property does not have the use of fifteen (15) shared parking spaces off-site as identified on the submitted site plan and project description. Parking spaces dedicated to other businesses within Jamboree Plaza cannot be allocated toward the subject property and use. Planning Commission Report November 10,2015 DR 2015-19 Page 9 DISCUSSION: In reviewing the unpermitted improvements at the subject property and operation of the carwash, the City has applied the development standards and Auto Service Design Guidelines that would be applied to other automotive service facilities within the City. As proposed, the improvements identified within this Design Review application do not meet the development standards set forth in the Jamboree Plaza Planned Community District Regulations and City of Tustin Auto Service Design Guidelines as follows: • The facility was approved as an automated self-service drive-thru carwash. With the addition of employees required to operate the carwash, the vacuuming facilities, and the car care vending services; the use has been converted to a self-service carwash and needs to provide designated vacuuming and drying area and the required parking for such a facility. • The facility does not meet the parking requirements for the uses at the proposed facility. Additional parking stalls are required for employees of the carwash. Further, the placement of vacuum hoses in required parking spaces for the foodmart and sandwich shop negates their use and would require replacement parking stalls. • Outdoor vending machines such as the unpermitted car care center vending system are not allowed outdoors pursuant to the City's Auto Service Design Guidelines. • The car care vending system encroaches into the required accessible loading space. • The vacuum system is obtrusive, making it unappealing and it does not meet the intent of the City's Design Review criteria. The vacuum utility system design is prominent and intended for outdoor use with minimum opportunity for screening. The system itself may be appropriate in some instances. If this particular vacuum system were to be approved at the subject location, staff would anticipate that other carwashes in the City would want to install the same vacuum system. This type of equipment installation would set a precedent for the ten (10) existing carwashes within the City. • Unpermitted signage which does not meet the criteria of the Jamboree Plaza master sign plan and City of Tustin Sign Code has been installed on-site. There are multiple commercial signs advertising the carwash and associated uses at the facility which do not meet the standards and were installed without permits. Planning Commission Report November 10, 2015 DR 2015-19 Page 10 FINDINGS: In determining whether to approve the Design Review for the proposed modifications to the automated self-service drive-thru carwash facility, the Planning Commission must determine whether or not the location, size, architectural features, and general appearance of the proposal will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy thereof, or the community as a whole. There are no suitable findings to support the approval of the proposed project; as such, a decision to deny this request may be supported by the following findings: 1. The approved use of the automated drive-thru carwash has changed to a self- service carwash which requires designated service areas and compliance with the development standards and guidelines. 2. The proposed improvements to the facility do not provide the required number of parking spaces for all uses at subject property. Carwash employees require the addition of one (1) space per employee based on the largest shift which is not being provided. 3. The City's Auto Service Design Guidelines require auto services such as vacuums to be located within a designated area and not within required parking stalls. 4. The City's Auto Service Design Guidelines do not allow vending machines to be located outside. 5. The car care vending system is located within the van loading area of a required accessible parking stall which does not meet the minimum required dimensions. 6. Allowing the proposed improvements without any screening or integration with a structure would set a precedent for the other nine (9) existing carwashes within the City and any future facilities. 7. As proposed, the modifications do not meet the Design Review criteria as identified in Section 9272c of the Tustin City Code. a) Height, bulk and area of buildings —The vacuum arches are obtrusive which make them a prominent feature at the facility as opposed to a discrete utility service which is typical of most auto service facilities. b) Setbacks and site planning — The vacuum hoses occupy required parking spaces on-site and the car care vending system encroaches into the required van accessible loading space. c) Landscaping, parking area design and traffic circulation — The proposed uses at the facility do not provide the required amount of parking. d) Location and appearance of equipment located outside of an enclosed structure — The vacuum system and car care vending system are located Planning Commission Report November 10,2015 DR 2015-19 Page 11 outdoors and not within an enclosed structure as per the Auto Service Design Guidelines. e) Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares—Approval of the exterior vacuum system and car care center would set a precedent for other carwash facilities within the City. f) Proposed signing — There is unpermitted signage on-site which does not meet the development standards. g) Development guidelines and criteria as adopted by the City Council — As proposed the facility does not meet the City's Auto Service Design Guidelines as adopted by the City Council. '1 Ryan Swiontek E izabeth A. Binsack Senior Planner Community Development Director Attachments: A. Location Map B. Land Use Fact Sheet C. Submitted Plans D. Resolution No. 4301 ATTACHMENT A Location Map LOCATION MAP DR 2015-19 3017 EDINGER AVENUE PROJECT SITE X ,. 1 300 o P� c too22.M.coev.+maner �` . n Ii62ft 1 r 'W ATTACHMENT B Land Use Fact Sheet LAND USE APPLICATION FACT SHEET 1. LAND USE APPLICATION NUMBER(S): DR 2015-19 2. LOCATION:JAMBOREE PLAZA 3. ADDRESS: 3017 EDINGER AVENUE 4. APN(S): 434-201-12 5. PREVIOUS OR CONCURRENT APPLICATION RELATING TO THIS PROPERTY: CUP 98-013, CA 09-003. and DR 09-004 6. SURROUNDING LAND USES: NORTH: INDUSTRIAUCOMMERCIAL SOUTH: RESIDENTIAL EAST: RESIDENTIAL WEST:VACANT LAND—PLANNED RESIDENTIAL 7. SURROUNDING ZONING DESIGNATION: NORTH: PC-IND SOUTH: MCAS TUSTIN SPECIFIC PLAN EAST: MCAS TUSTIN SPECIFIC PLAN WEST: MCAS TUSTIN SPECIFIC PLAN 8. SURROUNDING GENERAL PLAN DESIGNATION: NORTH: PC COMMERCIAUBUSINESSSOUTH: MCAS TUSTIN SPECIFIC PLAN EAST: MCAS TUSTIN SPECIFIC PLAN WEST: MCAS TUSTIN SPECIFIC PLAN 9. SITE LAND USE: A. EXISTING: SERVICE STATION/CARWASH/MINI-MART B. PROPOSED: SAME C. GENERAL PLAN: PC COMMERCIAL/BUSINESS D. ZONING: PC-IND PROPOSED GP: SAME PROPOSED ZONING: SAME DEVELOPMENT FACTS: 10. LOT AREA: 24.277 S.F. 11. BUILDING SQUARE FOOTAGE: 2.120 S.F. EXISTING SAME PROPOSED 12. PARKING: 16'REQUIRED 8 PROVIDED (4 ON-SITE&4 OFF-SITE) "6 SPACES REQ. FOR SERVICE STATION, 9 SPACES REQ. FOR MINI-MART USES, AND 1 SPACE REQ. PER EMPLOYEE DEDICATED TO THE CARWASH OPERATION ATTACHMENT C Submitted Plans From: Didar Singh To: City of Tustin, Community Development Department Date: September 2, 2015 Subject: Design Review: Union 76 Gas Station/Mini-Mart/Express Carwash PROJECT DESCRIPTION — DESIGN REVIEW This is a design review request for the Union 76 gas station/mini-mart/carwash located in Jamboree Plaza at 3017 Edinger Avenue, Tustin, CA 92780. My name is Didar Singh and I have been operating the facility since August 2007 and am the authorized representative for the property owner, Dr. Harvinder Sahota, MD, N.E. Enterprises, Inc. Per the attached site plan (Attachment 1), the facility currently includes: s Canopied gas station with 6 pump islands and 12 pumps • 1,874 sq. ft. mini-mart • 1,020 sq. ft. carwash (designed to evoke the MCAS Tustin hangars) • 3 self-service vacuums • 1 car care product vending machine (mounted on trash enclosure wall) The above configuration has not changed since the carwash opened in December 2011, with one exception: the self-serve vacuum cleaners were replaced in May 2015 with a later generation, energy-efficient system with smaller canisters and retractable hoses. PROJECT BACKGROUND This design review submittal is in part a response to a Notice of Violation from the City dated June 25, 2015, which stated that our operation is in violation of the conditions of the 2009 approval, a conclusion that was reached following a complaint. It is important to note that in the nearly 4 years since the carwash opened in December 2011, we are aware of no complaints about our facility, with the exception of those filed by Kalpesh Patel, who operates a full-service carwash at the opposite end of Jamboree Plaza. Mr. Patel strenuously opposed our self-service carwash application in 2009 and since then has filed a number of complaints with both the City and the Jamboree Plaza Management Association. Notwithstanding Mr. Patel's complaints, we have maintained excellent relations with the Jamboree Plaza Management Association and the other tenants in the Plaza, with the exception of Mr. Patel. In the June 25 Notice of Violation, staff expressed concerns that the site is inadequately parked, with insufficient spaces available for employees "...required in the operation of the express carwash" and a concern that the parking spaces in which "vacuums have been installed' are unavailable to non-carwash customers. We respectfully disagree with those conclusions, based upon the following: 1. There are no employees required in the operation of the express carwash. When a carwash customer pulls up, one of our mini-mart employees walks to the carwash entrance to assist them with the auto-pay system if necessary, and more importantly, guide them into the drive-through tunnel. 2. The vacuums, which are a fixture of every express carwash, have been in place since the facility opened in 2011 and are provided free of charge, all of which was discussed with staff as part of the 2009 approval. We were advised then, and have always ensured, that the parking spaces where the vacuums are located are not restricted to carwash customers and must remain available to any customer, carwash or not. No new vacuums have been installed. The new system (Attachments 2&3) is a one-for-one replacement of the original canisters and hoses with a later generation system. The replacement vacuums are quieter, more energy efficient and less obtrusive than the original system, with the same number of canisters, but much smaller. In addition, the hoses on the original vacuums were often left on the ground and sometimes blocked cars from using those spaces whether they were carwash customers or not. The new system has self-retracting hoses which stay cleaner, don't block access to the parking spaces and are much appreciated by our regular customers, carwash and otherwise. 3. There has never been a parking issue at the site in its nearly four years of operation due to a number of factors: a. Most importantly, while the City of Tustin's parking standards for gas station/mini-marts do not allow spaces at gas pumps to be counted as parking spaces those are in fact the parking spaces for the great majority of our minimart customers, almost all of whom are gas customers. Observing our site at any time of day and on any day of the week would clearly demonstrate that very rarely do gas customers move their cars to one of the striped spaces for the few minutes they need to purchase something inside the mini-mart. While the 2009 planning action for the carwash required 11 spaces on- site and 15 shared spaces off-site, the parking spaces on site are almost never full and the off-site spaces have yet to be needed, at least not by our customers. The lack of parking problems is mostly attributable to the 12 de facto parking spaces at the gas pumps which, when added to the 11 striped spaces on site and the 15 shared spaces off-site, amounts to 38 available spaces. b. While about a third of our carwash customers use the free vacuums before or after their carwash, the spaces where the vacuums are located are not limited in any way to carwash customers. c. The majority of tenants in Jamboree Plaza are pet care and veterinary offices, most of which are either not open for business on weekends or open on a limited schedule. As a result, on weekends the site has a large number of empty parking spaces always available nearby. d. Our volume of walk-in customers has increased substantially with the expansion of rail service and the addition of a parking structure at the Tustin Metrolink station. Our walk-in customers are a combination of Metrolink riders departing from or arriving at the Tustin station, and OCTA coach operators arriving at or departing from the station on their bus route. Whether Metrolink riders or coach operators, the majority of our walk-in customers use the OCTA parking structure, not the Jamboree Plaza surface spaces. ao cn Os d � z V r if v It t W w a = d a c a oLL 3 � ao rn a w°r° LL � a w � b p a 00 to �tiS�J � Q p � a 01 / � N CD O ' — Oco CD ' Lu b < O L ca a 0O J WV LauLUN (.)m CL L—V LU HSVM WO (3) i � — as�, a LL, s anN3AV 213f)Nla3 W Z ois Lu 65 N w v Q �4 I u q� co a F>F Z S W LU rr.rr N LJ CI] f � t ULu W Qa M a a z _ a �, W Q a CO) m SdVnwvA(0 eNusD(3 HSVAAWO NLLSfLL d0 IN3n3OV lcm Q U) 3 a W s�.•,��� _ate �VLU � � e• � �9 � a Y� (40 _ { Z J 0 Z � C Z� W I 1 I I 3 � � R / w � ppp=VI a O v Q G U V 320-� Q C .2- CL aodcc SS z _ Ci 2_U yyyy co fLUK� �I C� E c `I� r� E Es_ — d 2- A 3dY�SQNbI 13, 3dVOSONYI(3CL Q W 4 EEESSS ATTACHMENT D Resolution No. 4301 RESOLUTION NO. 4301 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, DENYING DESIGN REVIEW 2015-19 TO ALLOW VACUUM HOSES AND AN OUTDOOR VENDING MACHINE WITHIN REQUIRED PARKING STALLS LOCATED AT AN AUTOMATED SELF-SERVICE DRIVE- THRU CARWASH AND SERVICE STATION LOCATED AT 3017 EDINGER AVENUE. The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application for Design Review 2015-19 was filed by Tustin Field Gas & Food requesting to allow vacuum hoses and an outdoor car care vending machine within existing parking stalls located at the express carwash and service station at 3017 Edinger Avenue. B. That a public meeting was duly called and held for said application on November 10, 2015, by the Planning Commission. C. That pursuant to Section 15270(a) of the California Code of Regulations (Guidelines for the California Environmental Quality Act) CEQA does not apply to projects which a public agency rejects or disapproves. D. That the Planning Commission reviewed and considered the staff report to the Planning Commission dated November 10, 2015, including all attachments and exhibits incorporated herein by reference, prior to taking action on the proposed Design Review application. E. That in determining whether to approve the Design Review for the proposed modifications to the automated self-service drive-thru carwash facility, the Planning Commission must determine whether or not the location, size, architectural features, and general appearance of the proposal will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy thereof, or the community as a whole. A decision to deny this request may be supported by the following findings: 1. The approved use of the automated drive-thru carwash has changed to a self-service carwash which requires designated service areas and compliance with the development standards and guidelines. 2. The proposed improvements to the facility do not provide the required number of parking spaces for all uses at subject property. Resolution No. 4301 Page 2 Carwash employees require the addition of one (1) space per employee based on the largest shift which is not being provided. 3. The City's Auto Service Design Guidelines require auto services such as vacuums to be located within a designated area and not within required parking stalls. 4. The City's Auto Service Design Guidelines do not allow vending machines to be located outside. 5. The car care vending system is located within the van loading area of a required accessible parking stall which does not meet the minimum required dimensions. 6. Allowing the proposed improvements without any screening or integration with a structure would set a precedent for the other nine (9) existing carwashes within the City and any future facilities. 7. As proposed, the modifications do not meet the Design Review criteria as identified in Section 9272c of the Tustin City Code. a. Height, bulk and area of buildings — The vacuum arches are obtrusive which make them a prominent feature at the facility as opposed to a discrete utility service which is typical of most auto service facilities. b. Setbacks and site planning — The vacuum hoses occupy required parking spaces on-site and the car care vending system encroaches into the required van accessible loading space. c. Landscaping, parking area design and traffic circulation — The proposed uses at the facility do not provide the required amount of parking. d. Location and appearance of equipment located outside of an enclosed structure — The vacuum system and car care vending system are located outdoors and not within an enclosed structure as per the Auto Service Design Guidelines. e. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares — Approval of the exterior vacuum system and car care center would set a precedent for other carwash facilities within the City. f. Proposed signing — There is unpermitted signage on-site which does not meet the development standards. g. Development guidelines and criteria as adopted by the City Council —As proposed the facility does not meet the City's Auto Service Design Guidelines as adopted by the City Council. Resolution No. 4301 Page 3 II. The Planning Commission hereby denies Design Review (DR) 2015-19 to allow vacuum hoses within existing parking stalls and an outdoor vending machine located at the automated self-service drive-thru carwash at 3017 Edinger Avenue. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 10th day of November, 2015. JEFF R.THOMPSON Chairperson ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4301 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 10th day of November, 2015. PLANNING COMMISSIONER AYES: PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: ELIZABETH A. BINSACK Planning Commission Secretary