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HomeMy WebLinkAboutPH 1 CUP 91-10 09-03-91Oro PUBLIC HEARING N0. 1 9-3-91 INA r- Go ill .TE: SEPTEMBER 31 1991 TO: WILLIAM A. HUSTON, CITY MANAGER ;'R 0FVi: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: APPEAL OF CONDITIONAL USE PERMIT 91-10, DESIGN REVIEW 91-07 AND AMENDMENT TO CONDITIONAL USE PERMIT 89-25 RECOMMENDATION Pleasure of the City Council. BACKGROUND On June 3, 1991, during the course of hearing testimony for an appeal of Conditional Use Permit 91-01 and Variance 91-08, the City Council, recognizing that the applicant had an alternative plan that the Commission had not seen, directed the applicant to submit their revised proposal back for the Planning Commission's consideration. Consequently, On July 22, 1991, the Planning Commission opened a public hearing and received testimony concerning Conditional Use Permit 91-10, Design Review 91-07 and Amendment to Conditional Use permit 89-25 for the properties located at 135 South Prospect Avenue and 240 East First Street. The co -applicants, Mr. Stephen Paquette and Mr. Henry Kumagai, were requesting approval of the following: 1. Approval of various development bonuses pursuant to requirements under the Lot Consolidation Program of the First Street Specific Plan, 2. Approval of a 7% reduction in the amount of required parking pursuant to the requirements under the Consolidated Parking/Access Bonus Program of the First Street Specific Plan, and 3. Authorization to establish a tire service business at the property located at 135 South Prospect Avenue with related site improvements. The requests were denied by the Planning Commission. Copies of the July 22, 1991 minutes and the denial Resolution Nos. 2926, 2927 and 2928 have been attached for the Council's reference. City Council Report Appeal of CUP 91-10, DR 91-07 & Amendment to CUP 89-25 September 31 1991 Page 2 On July 24, 1991, the Community Development Department received an appeal request from the co -applicants, a copy of which has been provided as Attachment G. Consequently, in accordance with Section 9294 et seq, of the Tustin City Code, a public hearing and notice identifying the proposed location and time of the hearing was published in the Tustin News. Property owners within 300 feet of the site were also notified by mail and notices were posted on the property, City Hall and the Police Department. The applicants were informed of the availability of a staff report on this matter. DISCUSSION Project Summary The submitted plans propose a consolidated development scheme. This includes a provision for one 35 -foot -wide ingress/egress driveway along First Street, providing reciprocal access between the tire service and office businesses and the car wash business with shared parking lot areas, and providing a coordinated landscape and architectural theme. The co -applicants are proposing this approach to qualify for various development bonuses, thereby reducing stated parking lot development standards and to qualify for reductions in the amount of required parking spaces. Pursuant to the bonus program sections of the First Street Specific Plan, an applicant can request the discretionary approval of development bonuses when it is demonstrated that the consolidation and reciprocal access result in achieving design objectives of the First Street Specific Plan and the development proposal is found to be a desirable design solution. The car wash is maintained on the east side of the development proposal and is presently under construction pursuant to the previously approved improvement plans. The necessary modifications to accommodate the consolidation include the elimination of a portion of the six -foot -high perimeter wall, a seating area and landscaping along the shared property line between the two sites. The improvements proposed to accommodate the tire service business on the west side of the development proposal include upgrades to the parking lot area by restriping, installing wheel stops, constructing a trash enclosure and providing additional landscaping. These improvements will result in nineteen parking spaces being provided, centrally located between the tire service business and office uses, to be combined with the nine parking spaces located at the rear of the car wash site. Total parking provided would equal 28 spaces, to be shared between all of the businesses, instead of the 30 spaces required by the Tustin City City Council Report Appeal of CUP 91-10, DR 91-07 & Amendment to CUP 89-25 September 3, 1991 Page 3 Code. A more detailed discussion of this item follows on the applicant's request for participation in the Consolidated Parking/Access Bonus Program. Other improvements proposed for the west side of the development (or the tire service site) incorporate many of the architectural features noted on the car wash site. The elements include the use of the same color palette, accent tiles, windows, doors, trim and the column "plant -on" treatment at the service bays and at the entrances to the buildings. Landscaping elements will be coordinated to match species and the trellis structure will utilize the same design. Conditional Use Permit Pursuant to Section 9291 et seq of the Tustin City Code, consideration of the proposed tire service use and amendments to the car wash site require that positive findings be made that the uses would not, under the circumstances, be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood of the proposed use and that uses would not be detrimental to the property and improvements in the neighborhood or general welfare of the City. This action is considered discretionary and entails consideration for the appropriateness of the use requested. During discussions held previously on a previous appeal request, heard by the City Council on June 3, 1991, concerning the tire service business at this location, it was indicated that an automotive use at this location might be considered appropriate if technical issues could be resolved relative to parking, traff is and design. A copy of those June 3, 1991 minutes has been provided as Attachment D. As it is now proposed, the applicant has represented that one consolidated design approach resolves some of the concerns previously raised. They believe the positive aspects of the project include bringing an existing site into closer conformance with current City Codes, providing a fresher appearance to the property, establishing a revenue source where currently none exists and reducing the number of ingress/egress points on First Street from two to one. However, the Planning Commission, in reviewing the revised proposal at their meeting of July 22, 1991, identified several reasons why the use was still considered inappropriate at this location and denied the requests. As indicated previously, the minutes have been attached for the Council's reference and the following provides a summary of the Commission's statements on the record: City Council Report Appeal of CUP 91-10, DR 91-07 & Amendment to CUP 89-25 September 3, 1991 Page 4 The property was considered to be inadequate in size and shape to accommodate the existing office uses in conjunction with the proposed tire service business because this area of First Street is already congested, there is not enough parking being provided, and the noise generated by the tire service business would be disruptive to an office environment. ° The facility cannot be accommodated on the site without the approval of deviations; whether approved as variances or granted as development bonuses. Overall, the use does not enhance or further the goals of the First Street Specific Plan, which is still in its early years of development and the approval of another automotive use would further deteriorate the First Street corridor. While it was identified that the Amendment to the car wash CUP itself would potentially .improve traffic on First Street due to the elimination of a driveway, the Commission maintained concerns for potential on-site circulation conflicts between the properties and the loss of a perimeter wall/landscaping area that left an undesirable view of the car wash site. Design Review In considering making a recommendation of approval to the Redevelopment Agency concerning the Design Review, the Commission was required to make a finding that the location, size, architectural features and general appearance of the proposed development would not impair the orderly and harmonious development of the area, the present or future development therein, and the occupancy as a whole. Section 9272 et seq of the Tustin City Code identifies a number of items for evaluation of a project. Of these items, the Commission identified problems with the project's setbacks and site planning; landscaping, parking area design and traffic circulation; physical relationships of proposed structures to existing structures and the Development Guidelines and Criteria as adopted by the City Council. These findings were included in Resolution No. 2927, Section II, a copy of which is attached. Many of the concerns identified by the Commission are relative to the acceptance of the development proposal under the Lot Consolidation Program and the Consolidated Parking/Access Bonus Program. The following discussion provides an analysis of the project relative to these two programs: City Council Report Appeal of CUP 91-10, DR 91-07 & Amendment to CUP 89-25 September 3, 1991 Page 5 Lot Consolidation Program - The First Street Specific Plan encourages the consolidation of lots to provide for functional developments and development bonuses can be granted, such as a reduction in required development standards. However, granting these development bonuses are completely discretionary and in considering approval, consideration should be given as to how well the design of the project addresses the Design Guidelines stated in the Specific Plan. The development bonuses being requested include and affect the west side of the project: Reduction in the minimum of a standard parking stall of one foot resulting in a standard space measuring 8' x 201. The elimination of the requirement for continuous curbing to instead utilize wheel stops. A reduction of between three feet and four feet in the required perimeter landscaping in various locations of the parking lot area. While these requests are minor when considered individually, the concern that the Council expressed previously on June 3, 1991, for the resolution of technical issues or constraints overall for the project should be weighed. Consolidated Parking/Access Bonus Program - The First Street Specific Plan states that projects providing reciprocal access are entitled to apply for a reduction, 20% maximum, in the amount of required parking combined. The City Code states that the uses proposed for these properties provide 3 0 parking spaces. The co -applicants are requesting approval of a 7% reduction, which results in the loss of two parking spaces from the west side of the development that serve the tire service business and the offices. The parking demand study, prepared by the traffic consultant (KHR Associates) indicates that 17 parking spaces would be required for the tire service business alone in a worse -case scenario. During the course of the public hearing held on July 22, 1991, it was indicated that this demand study could be considered misleading because its basis stemmed from looking at larger automotive facilities where retail automotive and service automotive were combined. This base line data affects two areas in the report: - City Council Report Appeal of CUP 91-10, DR 91-07 & Amendment to CUP 89-25 September 3, 1991 Page 6 trip generation - The applicant has clarified that only f ive service bays can be utilized simultaneously, rather than the eight as indicated on the submitted plans. This would in effect reduce the trip generation calculations somewhat. However, as noted in the consultant's report, trip generation was not considered an adverse impact. Therefore, an adjustment would be insignificant to the conclusions drawn. parking generation - Both of the studies utilized for comparison of parking demand to parking required to parking provided utilized parking rates significantly higher than the Tustin City Code requirements. Rather than make assumptions that parking will be deficient based on calculated demand, it would be more appropriate to state that parking is deficient relative to what is required by City Code. The reason for this is that the applicant, in this particular case, should not be held accountable for potential deficiencies in the City Code. Environmental Determination A negative declaration has been prepared for the project and, where potential impacts were identified, corresponding mitigation. measures were included and these measures have been incorporated into the proposal or will be included as conditions of approval. Many of these measures were identified in the traffic/parking analysis prepared by KHR Associates and include such items as providing designated parking spaces for the office uses, directional arrows and signage and requiring a supplemental study should traffic or parking problems result from the project. Should the City Council approve the subject project, certification of the negative declaration would be appropriate. CONCLUSION Based upon the analysis provided in this report, there are several options available to the City Council. 1. Uphold the Planning Commission's actions denying Conditional Use Permit 91-10, Design Review 91-07 and Amendment to Conditional Use Permit 89-25 by adopting Resolution No. 91- 110-A; or City Council Report Appeal of CUP 91-10, DR 91-07 & Amendment to CUP 89-25 September 3, 1991 Page 7 2. Adopt the following: a. Resolution No. 91-109 certifying the negative declaration for the project, b. Resolution No. 91-110-B approving Conditional Use Permit 91-10, C. Resolution No. 91-111 recommending approval of Design Review 91-07 to the Redevelopment Agency, and d. Resolution No. 91-112 approving an Amendment to Conditional Use Permit 89-25. QeWE- Bonner Christine A. Shinglet Associate Planner Assistant City Manager Community Development Attachments: A - Initial Study B - Traffic Analysis C - Proposed Improvement Plans D June 3, 1991 City Council Minutes E - July 22, 1991 Planning Commission Minutes F - Planning Commission Resolution Nos. 2926, 2927 and 2928 G - Applicant's Appeal Request City Council Resolution Nos. 91-109 through 91-112 NEGATIVE DECLARATION CITY OF TUSTIN 300 CENTENNIAL WAY, TUSTIN, CA. 92680 Project Title: Conditional Use Permit 91-10, File No. Design Review 91-07 and Amendment to Conditional Use Permit 89-25 Project Location: 135 South Prospect Avenue & 240 East First Street Project Description: Authorization to establish a tire service business combined with an existing car wash business. Project Proponent: Stephen Paquette and Henry Kumagai Contact Person: Anne E. Bonner Telephone: 544-8890 Ext. 255 The Community Development Department has conducted an initial study for the above project in accordance with the City of Tustin's procedures regarding implementation of the California Environmental Quality Act, and on the basis of that study hereby find: That there is no substantial evidence that the project may have a significant effect on the environment. That potential significant affects were identified, but revisions have been included in the project plans and agreed to by the applicant that would avoid or mitigate the affects to a point where clearly no significant effects would occur. Said revisions are attached to and hereby made a part of this Negative Declaration. Therefore, the preparation of an Environmental Impact Report is not required. The initial study which provides the basis for this determination is on file at the Community Development Department, City of Tustin. The public is invited to comment on the appropriateness of this Negative Declaration during the review period, which begins with the public notice of a Negative Declaration and extends for seven calendar days. Upon review by the Community Development Director, this review period may be extended if deemed necessary. REVIEW PERIOD ENDS 4:30 p.m. on DATED: July 1, 1991 July 22, 1991 Community Development Director CITY OF TUSTIN Community Development Department ENVIRONMENTAL INITIAL STUDY FORM I. Background 1. Name of Proponent Stephen Paquette and Henry Kumagai 2. Address and Phone Number of Proponent 3. Date of Checklist Submitted June 28, 1991 4. Agency Requiring Checklist City of Tustin 5. Name of Proposal, if applicable CUP 91-10/DR 91-07/Amend CUP 89-25 II. Environmental Impacts (Explanations of all "yes" and "maybe" answers are required on attached sheets.) Yes Maybe No 1. Earth. Will the proposal result in: a. Unstable earth conditions or in changes in geologic substructures? X b. Disruptions, displacements, compaction or overcovering of the soil? X C. Change in topography or ground surface relief features? X. d. The destruction, covering or modification of any unique geologic or physical features? X e. Any increase in wind or water erosion of soils, either on or off the site? X f. Changes in deposition or erosion of beach sands, or changes in siltation, deposition or erosion _.which may modify the channel of a river or stream or the bed of the ocean or any ban, inlet or lake? X 2. 3. Yes Maybe No g. Exposure of people or property to geologic hazards such as earthquakes, landslides, mudslides, ground failure, or similar hazards? X Air. Will the proposal result in: a. Substantial air emission or deterioration of ambient air quality? X_ b. The creation of objectionable odors? X C. Alteration of air movement, moisture, or temperatures, or any change in climate, either locally or regionally? Water. Will the proposal result in: a. Changes in currents, or the course of direction of water movements, in either marine or fresh water? X b. Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? X C. Alterations to the course or flow of flood waters? X d. Change in the amount of surface water in any water body? X e. Discharge into surface waters, or in any alteration of surface water quality, including but not limited to temperature, dissolved oxygen or turbidity? f. Alteration of the direction or rate of flow of ground waters? }. g. Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? h. Substantial reduction in the amount of water otherwise available for public water supplies? —.� 4. 5. CR 7. Yes Maybe No i. Exposure of people or property to water related hazards such as flooding or tidal waves? Plant Life. Will the proposal result in: a. Change in the diversity of species, or number of any species of plants (including trees, shrubs, grass, crops, and aquatic plants)? x b. Reduction of the numbers of any unique, rare or endangered species of plants? C. Introduction of new species of plants into an area, or in a barrier to the normal replenishment of existing species? d. Reduction in acreage of any agricultural crop?. Animal Life. Will the proposal result in: a. Change in the diversity of species, or numbers of any species of animals (birds, land animals including reptiles., fish and shellfish, benthic organisms or insects)? b. Reduction of the numbers of any unique, rare or endangered species of animals? C. Introduction of new species of animals into an area, or result in a barrier to the migration or movement of animals? d. Deterioration to existing fish or wildlife habitat? Noise. Will the proposal result in: a. Increases in existing noise levels? b. Exposure of people to severe noise levels? Light and Glare. Will the proposal produce new light or glare? x x x x x x x Yes Maybe No 8. Land Use. Will the proposal result in a substantial alteration of the present or planned land use of an area? 9. Natural Resources. Will the proposal result in: a. Increase in the rate of use of any natural resources? b. Substantial depletion of any nonrenewable natural resource? 10. Risk of Upset. Will the proposal involve: a. A risk of an explosion or the release of hazardous substances (including, but not limited to, oil, pesticides, chemicals or radiation) in the event of an accident or upset conditions? b. Possible interference with an emergency response plan or an emergency evacuation plan? x x x x x 11. Population. Will the proposal alter the location, distribution, density, or growth rate of the human population of an area? x 12. Housing. Will the proposal affect existing housing, or create a demand for additional housing? x 13. Transportation/Circulation. Will the proposal result in: a. Generation of substantial additional vehicular movement? x b. Effects on existing parking facilities, or demand for new parking? x C. Substantial impact upon existing transportation systems? x d. Alterations to present patterns of circulation or movement of people and/or goods? x Yes Maybe No e. Alterations to waterborne, rail or air traffic? —_ f. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? X 14. Public services. Will the proposal have an effect upon, or result in a need for new or altered governmental services in any of the following areas: a. Fire protection? _X_ b. Police protection? C. Schools? d. Parks or other recreational facilities? e. Maintenance of public facilities, including roads? f. Other governmental services? 15. Energy. Will the proposal result in: a. Use of substantial amounts of fuel or energy? X b. Substantial increase in demand upon existing sources of energy, or require the development of new sources of energy? X 16. Utilities. Will the proposal result in a need for new systems, or substantial alterations to the following utilities: a. Power or natural gas? X b. Communications systems? X C. Water? . X d. Sewer or septic tanks? X e. Storm water drainage? _x_ f. Solid waste and disposal? _X Yes Ma be No 17. Human Health. Will the proposal result in: a. Creation of any health hazard or potential health hazard (excluding mental health)? x b. Exposure of people to potential health hazards? X 18. Solid Waste. Will the proposal create additional solid waste requiring disposal by the City? _X 19. Aesthetics. Will the proposal result in the obstruction of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to' public view?. 20. Recreation. Will the proposal result in an impact upon the quality or quantity of existing recreational opportunities? 21. Cultural Resources a. Will the proposal result in the alteration of or the destruction of a prehistoric or historic archaeological site? X b. Will the proposal result in adverse physical or aesthetic effects to a prehistoric or historic building, structure, or object? X_ C. Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? x d. Will the proposal restrict existing religious or sacred uses within the potential impact area? x Yes Maybe No 22. Mandatory Findings of significance. a. Does the project have the potential to degrade the quality of the environment substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? x b. Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? (A short - .,term impact on the environment is one which occurs in a relatively brief, definitive period of time while long-term impacts will endure well 'into the- future) . x C. Does the project have impacts which are individually limited, but cumulatively con- siderable? (A project may impact on two or more separate resources where the impact on each resource is relatively small, but where the effect of the total of those impacts on the environment is significant.) x d. Does the project have environmental effects which will cause substanti4l adverse effects on human beings, either directly or indirectly? x III. Discussion of Environmental Evaluation IV. -:Determination (To be completed by the Lead Agency) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measure described on an attached sheet have been added to the project. A NEGATIVE DECLARATION WILL BE PREPARED x I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. Date Signature -- EXHIBIT A DISCUSSION OF ENVIRONMENTAEVALUATION CUP 89-25 CUP 91-10, DR 91-07 AND AMENDMENT July 16, 1991 PROJECT DESCRIPTION SUPPLEMENT: The applicant, Mr. Stephen Paquette, is requesting authorization to establish t Avenue which tire service business at the property located at 135 South Prois als. seeking ec includes minor site improvements. The applicant authorization to combine his proposal with the property Tustin uto Wash, daat 240 East First Street, commonly known are located within the nd owned by Mr. Henry Kumagai. Both properties are First Street Specific Plan project area and the co- considered one requesting that their project sites be development to be eligible for both the Lot consolidation c�ns r and the Consolidated Parking/Access sPogrambenefits,am provided by the First StreetSpecific Plan Use Permit The discretionary authority- for the Conditional uses derived applications including the determination above rests w th the Planning from the benefit programs mentioned Commission. The Planning Commission will also i on to the recommending body for the Design. Review applicat Redevelopment Agency, which maintains final discretionary authority. Both properties are surrounded by an existing urban nvero men . Surrounding uses include a restaurant the and automotisouth, a United States epair business to the north, office uses Post office to the east and a pre-school to the uderc west. The property located at 240 East First Street is presently 1. EARTH - Items A through G - "No" The proposed project site is free from any toot graphical features. The required site improvements will n create a need for additional grading as the parcel located at 135 South Prospect Avenue maintains an existing hard surface a c e Eastking lot and the grading for the parcel located t Street has already been completed. Sources: Submitted Plans Field Verification Mitigation/Monitoring Reauired: None required. 2. AIR - Items A through C - "No" TheP roject would not result in the degradation of the existing air quality. Exhibit A - Discussion of Environmental Evaluation CUP 91-10, DR 91-07 and Amendment to CUP July 16, 1991 Page 2 Sources: AQMD Standards for preparing documentation Mitigation/Monitoring Required: None required. 3. WATER - Items A through I - "No" environmental The project would not result in significantthis impacts resource awes ter run-off or supply. An wash evaluation nof ot this project in that completed for the car portion project's initial study. The characteristics of this project would not alter that analysis. Sources: City of Tustin Public Works/Water Department Mitigation/Monitoring Reguired: None required. 4. PLANT LIFE - Item A "Yes", Items B through D - "No" The project would introduce landscaping and specimen trees on to the site in conformance with the First Street Specific Plan. Sources: Submitted Plans Field Observation First Street Specific Plan Design Guidelines Mitigation /Monitoring Required: At building plan check submittal, plans will be required to be reviewed for adequate irrigation and for sizes and quantities of plants to assure compliance. 5. ANIMAL LIFE - Items A through D - "No" The project site is located within an existing commercial area and is, therefore, free from any significant population of animals, fish or wild life. Sources: Submitted Plans Field Observation Mitigation/Monitorinq Required: None required. 6. ;-NOISE - Items A - "Yes" Item B - "No" The project would add a new noise source into the area e occupy proposed tire service business use will presently Exhibit A - Discussion of Environmental Evaluation CUP 91-10, DR 91-07 and Amendment to CUP -89-25 July 16, 1991 Page 3 vacant building. However, the servicing of vehicles will be contained entirely within this building reducing the potential noise impacts of mechanical equipment operation. Sources: Submitted Plans Tustin City Code, Section 4600 et seq Mitigation/Monitoring Required: All development and operations related to noise generation shall be in accordance with the City's Noise Ordinance which limits noise generation to a maximum of 60 dBa. 7. LIGHT AND GLARE - "No" The project site is presently developed with a portion currently under construction. There will not be any significant introduction of additional light or glare to the area. The addition of any exterior lighting will be limited to that required by the City's Security Code. Sources: Submitted Plans Field Observation Mitigation/MonitoringRequired: All exterior lighting shall be arranged so as.not to direct light or glare onto adjacent properties. 8. LAND USE - "No" The project maintains a zoning designation of "Commercial as a Primary Use" pursuant to the First Street Specific Plan. A tire service business is a conditionally permitted use within this designation. The car wash use has previously been authorized by the approval of Conditional Use Permit 89-25. The goals --and objectives of the Specific Plan encourage the development of properties with primary uses. This is particularly encouraged for the subject site since the site has been determined to be a "Use Change" site, recognizing the obsoletness of the current building and uses. However, as mentioned, the use is identified among the list of conditionally permitted uses. Source: First Street Specific Plan Mitigation/Monitoring Required: None required Exhibit A - Discussion of Environme0 CUPE89-25tion CUP 91-10, DR 91-07 and Amendment to July 16, 1991 Page 4 9. NATURAL RESOURCES - Items A and B - "No" The project would not result in any increased use of natural resources given the scale of the project. Source: City of Tustin Public Works Department Mitigation/Monitoring Required: None required 10. RISK OF UPSET - Items A and B - "No" The project would not result in any significant risk of upset given the scale and nature of the proposed uses. Source: Orange County Fire Department Mitigation/Monitoring Required: None required 11. POPULATION - "No" The project would not result in any direct increase din population in that no additional dwelling units are Source: Submitted Plans Mitigation/Monitoring Required: None required 12. HOUSING - "No" The project is commercial and small in scale and would not result in any direct need for housing. Source: Submitted Plans mitigation/Monitoring Required: None required 13. TRANSPORTATION/ CIRCULATION - Items E and Fa "be l' and Items A throug�h D M v The project proposes a tire service business use will have currently been used asbuilding. an effect on transportation and circulation on the site as well as onto the adjacent street system, t which sbee designed to accommodate commercial developmeConsequently, a Traffic and Circulation Impact -Analysis was prepared for this project to address specific concerns. A copy of this report has been attached. As a result of the report, impacts Exhibit A - Discussion of Environmental Evaluation CUP 91-10, DR 91-07 and Amendment to CUP 89-25 July 17, 1991 Page 5 to the existing street system were found to be insignificant related to Levels of Service; however, a parking problem could be anticipatedtherefore, corresponding mitigation measures have been recommended and included as conditions of approval. Source: KHR Associates Traffic Study City of Tustin Public Works Department Submitted Plans Field Observations Mitigation/Monitoring Required: Those measures and recommendations provided in the traffic study will become conditions of approval. 14. PUBLIC SERVICES - Items A through F - "No" All services are existing and area adequate to serve the project. _ Source: Orange County Fire Department Tustin Police Department Tustin Unified School District City of Tustin community Services Department City of Tustin Public Works Department MitigationlMonitoring Required: None required 15. ENERGY - Items A and B - "No" The project would not result in any significant change in the current use of energy given the scale of the project. Source: City of Tustin Public Works Department Mitigation/Monitoring Required: None required 16. UTILITIES - Item A through F - "No" The project site is located within an existing commercial area with all utilities available to the site from First Street. The project will not require any new utility service. Source: City of Tustin Public Works Department Mitigation/Monitoring Required: None required Exhibit A - Discussion of Environmental Evaluation CUP 91-10, DR 91-07 and Amendment to CUP 89-25 July 16, 1991 Page 6 17. HUMAN HEALTH - Items A and B - "No" The project would not result in any effect on human health given the proposed uses for this project. Source: Submitted Plans Mitigation/Monitoring Required: None required 18. SOLID WASTE - "No" The project entails the re -use of an existing commercial site for the operation of the tire service business and is not anticipated to generate an extraordinary amount of waste determined for commercial uses. Additionally, the car wash business was previously approved as a use and any evaluation for solid waste was addressed during previous project approvals. Source: Submitted Plans City of Tustin Public Works Department Mitigation/Monitoring Required: None required 19. AESTHETICS - "No" The First Street Specific Plan and related Design Guidelines identify certain criteria and standards that must be achieved and maintained for project approval. Portions of this project require deviations from these standards; and, therefore, the co -applicants are seeking development bonuses through two benefit programs to lessen some of the requirements. These deviations are subject to the approval of the Tustin Planning Commission. Other site related improvements and design require the approval of the Redevelopment Agency. Source: Submitted Plans First Street Specific Plan First Street Specific Plan Design Guidelines Tustin City Code, Section 9272 et seq Mitigation/Monitoring Required: Conditions of Approval for Design Review 91-07 shall be approved by the Redevelopment Agency and shall be incorporated into the submitted final working drawings for the project. Exhibit A - Discussion of Environmental EvaluationCUP 91-10, DR 91-07 and Amendment to CUP 89-25 July 16, 1991 Page 7 20. RECREATION - -"NO" project does not include any resi therefore, would not result in any dential development; and, afor The prod additional recreational facilities. Source: Submitted Plans City of Tustin Community Services Department Mitigation/Monitoring Required: None required h D "No" 21. CULTURAL RESOURCES - Item A throug The project would not result in any effect on existing 1 resources in that the General Plan does not identify cultura any cultural resources on this property. Y. Source: City of Tustin Historic Resources Survey City of Tustin General Plan Mitigation/Monitoring Required: None required FINDINGS - Item A throu h D - "No" 22. MANDATORY ' ect to establish a tire service business witsite l sting The pro�could with a car wash office uses to be combined e environment, most specifically potentially have effects on th project design, to traffic/circulation. However, due to the prroval, these scale of the project and condions r reduced of to approval, level of potential impacts would be insignificance. Source: Previously noted mitigation/Mo tori,n,Re uired: Previously noted AEB:nm\cup91-10.env CITY OF TUSTIN TUSTIN TIRE & BRAKE SERVICE TRAFFIC & PARKING IMPACT ANALYSIS July 11, 1991 Prepared For: City of Tustin 15222 Del Amo Avenue Tustin, California 92680 Prepared By: KHR Associates 18500 Von Karman Avenue Suite 300 Irvine, California 92175 Table of Contents INTRODUCI'ION............................................1 ........................................................................... PROJECT SITE & DESCRIPTION.........................................................................................1 PROJECT GOALS & OBJECTIVES......................................................................................1 STUDY METHODOLOGY......................................................................................................4 STUDY TERMINOLOGY & DEFINITIONS....................................................................... 4 AverageDaily Traffic...................................................................................................................4 Capacity..........................................................................................................................................5 Levelof Service.............................................................................................................................5 LOCALROADWAY SYSTEM................................................................................................ 5 EXISTING TRAFFIC CONDITIONS..................................................................................... 7 ExistingTraffic Volumes ..........................................................................................................7 ExistingLevels of Service............................................................................................................ 7 TRAVELDEMAND FORECAST........................................................................................... 9 TripGeneration............................................................................................................................ 9 TripDistribution.........................................................................................................................10 TripAssignment..........................................................................................................................11 TRAFFICIMPACTS.................................................................................................................11 PARKINGGENERATION.....................................................................................................11 SITEPLAN REVIEW...............................................................................................................15 STUDY FINDINGS AND CONCLUSIONS........................................................................16 RECOMMENDATIONS..........................................................................................................17 REFERENCES..........................................................................................................................19 APPENDIX List of Figures Figure 1 -Vicinity Map................................................................................................................ 2 Figure 2 - Proposed Site Plan ......................................................... Figure 3 - Existing Traffic Volumes..:........................................................................................ 8 Figure 4 - Existing Plus Car Wash Traffic Volumes..............................................................12 Figure 5 - Existing Plus Project Plus Car Wash Traffic Volumes........................................13 Tables Table I - Levels of Service, Volume -to -Capacity Ratios & Service Volumes for Urban Arterial Highways................................................................................................ 6 Table II - Intersection Level of Service Definitions................................................................ 6 Table III - Existing Levels of Service......................................................................................... 7 Table IV - Project Trip Generation.........................................................................................10 Table V - Existing Plus Car Wash Levels of Service.............................................................14 Table VI - Existing Plus Project Plus Car Wash Levels of Service......................................15 Table VII - Parking Generation & Requirements.................................................................15 -i- TUSTIN TIRE & BRAKE SERVICE TRAFFIC & PARKING IMPACT ANALYS I S JULY 117 1991 INTRODUCTION The Tustin Tire and Brake Service is proposed to be located on the southeast corner of First Street and Prospect Avenue, at 135 South Prospect Avenue in the City of Tustin, California, as illustrated in Figure 1. Prior reviews of the several preliminary site plans for the proposed Tustin Tire and Brake Service have indicated that potentially adverse impacts to existing and future traffic conditions on adjoining streets, and at the intersection of First Street and prospect Avenue, may result from the proposed project. The adequacy of the number of stalls has also been questioned. Subsequently, a traffic and parking impact analysis was prescribed in order to determine the nature and magnitude of these potential impacts. The firm of KHR As- sociates, Irvine, California was selected by the City to undertake this analysis. PROJECT SITE & DESCRIPTION The project site currently contains a vacant 3,966 square foot building and a 2,400 square foot medical/office building, located on the northwest corner of the site. A car wash located to the east of the proposed project is currently under construction. The Tustin Tire and Brake Service will utilize the existing vacant building. The building will house 8 service bays, a tire repair and storage area, and an office facility. Figure 2 illustrates the proposed site plan. The proposed project will be accessed via two driveways, one to the north on First Street, and one to the west on Prospect Avenue. The northerly access is located approximately 180 feet east of the intersection of First Street and Prospect Avenue. Access to this driveway is proposed to be shared by the tire and brake service and the car wash, currently under construction, located to the east of the project. A raised landscaped median is located on First Street which precludes any left turns in or out of the site at this location. The westerly entrance, located approximately 110 feet south of the First Street/Prospect Avenue inter- section, allows all turn movements into and out of the site. "U-turns" are prohibited for westbound traffic on First Street at Prospect Avenue. PROJECT GOALS & OBJECTIVES The primary goals of this analysis are to systematically identify potentially adverse and "significant" traffic -related impacts, if any, that may be brought about as a result of the proposed project, and to identify appropriate mitigation measures to reduce such potential impacts to a level of "insignificance," if possible. In order to meet these goals, the following objectives were: formulated: 1. investigate and quantify, where possible, existing and projected future traffic conditions within the project vicinity; 2. investigate and quantify, where possible, projected future parking demands on the project site; -1- SC) T 14 '- rVlrr� i I VICINITY MQBBoO°A799 TRANSPORTATION/ENVIRONMET'TAL/URBAN SYSTEMS 16500 Tom X.ra%.e AKsw. Suite 300• b+tos. Wilemla 07716 • (714) 966-64+0 9PA 32' F -- W W F -- (n i— (n 1Y Im CAR WASH (UNDER CONSTRUCTION) L 1 25' PROSPECT AVENUE El SCALE: NONE TUST1RE2.DWG PROPOSED SITE PLAN TUSTIN TIRE AND BRAKE SERVICE -3- I ► IGUKt 7 ►.._ � ►` KHR ARROCCA7mm TRANSPORTATION/ENVIRONMENTAL/URBAN SYSTEMS I95M '%m K..v..s %wow. suite ,00 - IrAne. wu.rele VMS - (714) 7M-0, W 3. identify and determine significance of potential impacts to existing traffic and/or parking conditions from additional traffic generated by the proposed development, also taking into consideration cumulative traffic growth in the vicinity, and additional parking demands created by the project; and 4. determine appropriate mitigation measures to reduce potential impacts to acceptable levels, and identify unavoidable impacts, if any. STUDY METHODOLOGY The methodology employed in this traffic impact analysis included the following steps: 1. Discussions were held with the City of Tustin Planning Department and others in order to gather and review technical data, and to verify key information. 2. Data concerning existing conditions were accumulated from various sources. 3. Traffic counts were taken as part of the field data gathering process. Twenty-four traffic counts were taken for the roadway segments of First Street and Prospect Avenue immediately adjacent to the project site, and A.M. and P.M. peak hour turn movement counts were taken at the intersection of these two roadways. 4. The project site and adjacent areas were visited at various times, and existing traffic conditions were observed along roadways and at intersections in the vicinity of the project study area. S. A review and analysis of existing circulation patterns; land uses; traffic volumes; and traffic generation were undertaken. The project study area was analyzed and evaluated for intersection and street segment levels of service and operation capacities under the Intersection Capacity Utilization method. 6. A review of the proposed site plan was conducted which focused on access, internal circulation, parking provisions and the potential impacts of these conditions on ad- jacent streets. ' 7. Conclusions were drawn based on analyses findings, and recommendations were formu- lated from these conclusions. STUDY TERMINOLOGY & DEFINITIONS In order to provide the reader with a clearer understanding of key terminology used throughout this report, the following definitions are provided. Average Daily Traffic The term average daily traffic (ADT) refers to an estimate of the number of vehicles typically counted on a roadway segment during a 24-hour period of time. The ADT volume is often based on an actual count of traffic, taken over 24 consecutive hours, during a mid -week day. Unless otherwise specified, ADT volumes are an expression of the total for both directions of travel. However, ADT volumes may be separated by direction when such -4- information is useful. Seasonal influences on the ADT may be taken into account by collecting data during different months of the year. Separate summer and winter counts may be warranted on roadways which serve large educational institutions, regional shop- ping malls, and major sports, amusement, and recreational facilities. Ca a ci The capacity of a roadway segment or intersection is the maximum rate of vehicular traffic flow under prevailing traffic, physical design, and operational conditions. Factors affecting capacity include the type and frequency of traffic controls; lane widths; horizontal and vertical grades; horizontal and vertical clearances from obstructions; the amount of truck and/or bus traffic; the availability of on -street parking and the rate of parking turnover; restrictions on mid -block access; and the volume of turn movements at adjacent intersec- tions and driveways. Capacity is most commonly defined for hourly periods of time, and most analyses rely on peak 15 -minute count increments to establish capacity values. However, for generalized planning purposes, it is useful to define capacity as the maximum volume of traffic that a roadway may be expected to carry continuously throughout the day, under the least desirable conditions (e.g., with heavy congestion during the A.M. and P.M. peak hours). This "ADT capacity" figure is derived under the assumption that the highest peak hour volume is typically around 10% of the total maximum ADT for a given roadway. Level of Service The level of service (LOS) of a roadway segment or intersection is a qualitatively defined measure of prevailing traffic, design, and operational conditions. The LOS, denoted alphabetically from "A" to "F," best to worst, is an evaluation of the degree of congestion, roadway design constraints, delay, accident potential, and driver discomfort experienced during a given period of time - typically during the peak hour or on a daily basis. While LOS "A" is the most desirable operational state for a roadway segment or intersection, LOS "D" is considered by the City of Tustin to be a benchmark for planning purposes (i.e., LOS "D", although an undesirable condition, is considered acceptable, while LOS "E" is con- sidered unacceptable by City standards). The LOS may be quantitatively calculated by a number of methods which generally compare traffic volumes with the physical and operational capacity of a roadway section or intersection to carry the traffic demands placed on it. For roadway segments, the volume -to -capacity (V/C) ratio is indicative of LOS. Table I lists typical service volumes, along with corresponding V/C ratios, for various types of urban highways at LOS ranging from "A' to "F" (as defined in the Highway Capacity Manual). Table II provides similar V/C ratios and LOS definitions for intersections based on the ICU method. In this analysis, a capacity of 1,700 vehicles per lane is assumed per hour, as well as a.05 clearance interval and minimum V/C ratio of .05 for individual turning movements. LOCAL ROADWAY SYSTEM First Street is an east -west secondary arterial which provides two through lanes in each direction, a raised landscaped median and left turn pockets in the project vicinity. Prospect Avenue is a north -south minor arterial which provides one through lane in each direction and left turn in the area of the project site. The intersection of First Street and Prospect -5- TABLE I - LEVELS OF SERVICE & SERVICE VOLUMES FOR URBAN ARTERIAL HIGHWAYS Average Daily Traffic Service Volumes Level of V/C 6 -Lane 4 -Lane 4 -Lane 2 -Lane eryicC Ratio Desc ' tion DividedDivided* Undivided j ndivided A <0.60 Free Flow -low volumes; little or 33,800 22,500 141400 9,000 39,400 no delay throughout the day or during 16,800 peak hours. B <0.70 Stable Flow - relatively low volumes; 19,200 acceptable delays experienced through- 50,700 out the day; some peak hour congestion. C _<0.80 Stable Flow - but some delays through- C 0.71 to 0.80 out the day and during peak hours. (This level of service is considered the D 0.81 to 0.90 standard for urban designs.) D 50.90 Approaching Unstable Flow - poor, yet tolerable delays experienced through- E 0.91 to 1.00 out the day. Peak hours may experience significant congestion and delays. E :51.00 Unstable Flow - heavy congestion and delays experienced throughout the day F > 1.00 and during peak hours. Volumes at or near capacity. F > 1.00 + Forced Flow - both speeds and flow of KHR Associates, 1991. traffic can drop to zero. Stoppages may Rcf.TTIRTB02.KMw occur for long periods with vehicles backing up from one intersection through another. (Referred to as a "gridlock" condition.) 39,400 26,300 16,800 10,500 45,000 30,000 19,200 12,000 50,700 332800 211600 13,500 56,300 37,500 24,000 15,000 This condition represents system breakdown and does not have a specific relationship to service volumes. SOURCE: Highway Capacity Manual, Special Report 209; Orange County Environmental Management Agency; KHR Associates, 1987. Ref. TMT 1.KMW TABLE II - INTERSECTION LEVEL OF SERVICE DEFINITIONS Critical Level of Volume SeryjcC qty A 0.00 to 0.60 Interpretation Uncongested operation; all vehicles clear in a single signal cycle. B 0.61 to 0.70 Light congestion; occasional back-ups on critical approaches. C 0.71 to 0.80 Some congestion on approaches, but intersection functional. D 0.81 to 0.90 Traffic required to wait through more than one cycle during short peaks. However, no long-standing lines formed. E 0.91 to 1.00 Severe congestion with some long-standing lines on criticla approaches. Blockage of intersection may occur if traffic signal does not provide for protected left turn movements. F > 1.00 Total breakdown with "stop-and-go"operation. Back-up may occur at nearby intersections. SOURCE: Highway Capacity Manual, 1985; Orange County Congestion Management Program, 1991; KHR Associates, 1991. Rcf.TTIRTB02.KMw I IN Avenue is characterized by crosswalks in each direction and is currently controlled by a two-phase signal. All approach legs to this intersection include separate left turn lanes, and the southbound leg includes a separately delineated right turn lane. EXISTING TRAFFIC CONDITIONS In order to properly analyze traffic flow and traffic safety conditions, and develop workable improvement programs, it is necessary to obtain a clear understanding of the existing traffic characteristics of the roadways and intersections near and adjacent to the proposed project site. Relevant traffic information used for this purpose was either collected as part of this study or provided by the City of Tustin. These data include recent 24-hour roadway traffic counts and A.M. and P.M. peak hour intersection traffic counts. Existing Traffic Volumes Twenty-four hour directional traffic counts were conducted specifically for this study to determine the average daily traffic (ADT) volumes for each of the main roadways being investigated. During the week of June 17, 1991, new 24-hour counts were taken on the segments of First Street, east of Prospect Avenue, and Prospect Avenue, south of First Street, and an ADT volume was established from these counts. In addition to the average daily traffic counts, A.M. and P.M. peak hour turn movement traffic counts were conducted at the intersection of First Street and Prospect Avenue on Tuesday, June 18, 1991 for this analysis. The resulting traffic data are provided in the appendix of this report and are illustrated in Figure 3 (Existing Traffic Volumes). Existing Levels of Service Existing levels of service (LOS) for the key intersection and the two key roadway segments are summarized in Table III. The HCM method was utilized to calculate the roadway segment levels of service, based on the volume -to -capacity ratios of each segment. The method utilized to determine the intersection LOS was the Intersection Capacity Utiliza- tion (ICU) method, and was the desired method of analysis of the City of Tustin Traffic Engineering personnel. The actual calculations for intersection LOS are complex and are provided in detail in the appendix of this report. TABLE III - EXISTING LEVELS OF SERVICE A.M. Peak P.M. Peak INTERSECTIONS jsll Im ilii Im First Street/Prospect Avenue 0.471 A 0.741 C 24 - Hour ROADWAYS V/C Ratio Ms First Street east of Prospect Avenue 0.733 B Prospect Avenue south of First Street 0.365 A NOTE: See Appendix for Intersection Capacity Utilization calculation sheets. Ref.'MRTB03.KMw As noted in Table III, both streets segments are currently operating at an acceptable LOS "C" or better. The intersection of First Street and Prospect Avenue is currently operating at an acceptable LOS "C" or better during the A.M. and P.M. peak periods. -7- I [El McDONALD'S I a I RESTAURANT SCALE: NONE I I TUSTIRE3.DWC r'\ i ECONO LUBE AND TUNE ( PROSPECT AVENUELl POST OFFICE i CAR WASH I UNDER CONSTRUCTION i I - - PROJECT :::ITSrTE �tn In� f') f") V 0 N Jif. j if... 154 38 I I 235 )54 136---- + --- 139 158 --- + -249 81� � 22 146 S I i --�f r r nL� Ln _ N I I A.M. PEAK VOLUMES P.M. PEAK VOLUMES w ( LEGEND I I (XX,XXX)= EXISTING A.D.T. F-- BASED ON COUNT CONDUCTED fY I I JUNE, 1991. EXISTINGFIGURF :5 TRAFFIC VOLUMES TRANSPORTAnON/ENVIRONMENTAL/URBAN SYSTEMS fesoo %oe Y&ro..a A..aw. SrM. aoo • it -in. CGW.rmU 97716 • M4) 7M-6440 —p— TRAVEL DEMAND FORECAST Future traffic conditions resulting from additional development within the study area may be generally predicted by performing a travel demand forecast. Such forecasts vary in magnitude and complexity, but at minimum include defining the streets and highways network of interest; estimating the amount of traffic generated by a given development or geographic area; determining the areawide distribution of this traffic; and assigning it to specific portions of the streets and highways network. Trip generation rates may be found invarious authoritative documents including thelnstitute of Transportation Engineers"Trip Generation," 4th Edition; the San Diego Association of Governments' (SANDAG) 'Traffic Generators," as revised June 1989; and publications by the Eno Foundation for Transpor- tation. In order to determine the magnitude and impact of additional traffic generated onto streets surrounding the project site, a travel demand forecast of future traffic conditions was undertaken for the build -out of the proposed project. The procedure entailed: 1) a determination of future trip ends generated by the proposed project; 2) a trip distribution of these trip ends based on regional and project -specific factors; and 3) the assignment of these trip ends on specific routes. Trip Generation The trip generation component of the travel demand forecasting procedure attempts to quantify the trip making propensities of a given land use, development type or event. In simplified analyses, trips (or more appropriately, trip ends) generated by a given land use, development type or event are often estimated by applying empirically pre -determined trip generation rates. Trip generation rates may be found in a various authoritative documents including the Institute of Transportation Engineers' 'Trip Generation," 4th Edition; the San Diego Association of Governments' (SANDAG) 'Traffic Generators," as revised September 1989; and publications by the Eno Foundation for Transponation. These standard rates are often adjusted to reflect local conditions. The SANDAG 'Trip Generators" was recommended by the City of Tustin Engineering Services Manager as the only known source which includes trip generation information for an automotive service business. It is also of importance to note that the information in this source is based on one study of an automotive service center approximately 32,600 square feet in size containing 29 service stalls. The trip generation information for the car wash was based on a study dated July 3, 1989, conducted by Weston Pringle & Associates. Applicable trip generation rates for an automotive service center may be expressed in trip ends per thousand square feet of gross floor area, or in terms of the number of service stalls, and typically include average weekday and A.M. and P.M. peak hour rates which cor- respond with the A.M. and P.M. peak hours of commuter traffic. In comparison, applicable trip generation rates for a car wash may be expressed in trip ends per thousand square feet of gross floor area, or in terms of the number of wash stalls. Utilizing -the SANDAG rates, trip generation results for the proposed project as well as the car wash are provided in Table IV. As noted in Table IV, the proposed project is estimated to generate a total of 154 vehicle trip ends per day. The project will generate approximately 12 vehicle trip ends (8 in and 4 out) on an average day during the A.M. peak N TABLE IV - PROJECT TRIP GENERATION 12aily Trip Ends AM..Peak PPeak Land Ilse Units. Factor" Volume Factor Volume Factor Volume Car Wash2 1 Site 900 900 40 40 80 80 Tire Service3 8 Service Bays 19.24 154 1.517 12 2.172 17 TOTALS 1,054 52 97 1- Trip Ends Per Unit. 2 - From Weston Pringle & Associates "Tustin Plaza Carwash" Traffic Study, July 3,1989. 3 - From "Traffic Generators," San Diego Association of Governments, January 1990. Ref.TTIRTI30410C 1W hour, and approximately 17 vehicle trip ends (7 in and 10 out) during the P.M. peak hour. It is also noted in Table IV that a total of 900 vehicle trip ends per average weekday, a total of 40 vehicle trip ends (20 in and 20 out) during the A.M. peak hour, and a total of 80 vehicle trip ends (40 in and 40 out) during the P.M. peak hour, are estimated to be generated by the car wash. The June 3, 1991 staff report to the City Council states: "As indicated by the applicant..., a tire service business can serve between 30 and 60 customers in a day. This was also verified by staff by surveying two established tire service businesses." Assuming this to be the case, and also assuming that each customer prefers to leave their car rather thanwait for servicing, (i.e., the "worst case condition"), then one customer would produce four trips (two in, two out), for a total of 120 to 240 trips per day. These figures support the daily trip generation figure of 154 trips estimated from the SANDAG report. Trip Distribution The trip distribution component of the travel demand forecasting procedure concerns itself with estimating the amount of travel between different geographic areas which, presumab- ly, produce and attract trips. Several models are available for this estimation of trip distribution, including the gravity model, which stratifies trip distribution by trip purpose (i.e., home -work, home -shopping, home -other, work -other, etc.). However, in most small -area studies, the distribution of trips is difficult to model with any degree of accuracy. Local trip distribution, or to trip assignment, requires knowledge of the location and circulation limitations affecting direct access to the site in question. In this instance, the existing raised landscape median, left turn and "U-turn" prohibitions have direct and differing effects on trip distribution for the car wash and the proposed project. It is assumed that 10% of the total trips entering the proposed project site originate from the north and 7% from the south along Prospect Avenue, and 379o' from the west and 46510 from the east along First Street.. For the car wash, it is assumed that 16010 originate from the north, 10% from the south, 37% from the west an 37% from the east. These distribu- tions are based on the distribution of existing traffic along these roadways, as well as proximity of the site and driveways to the intersection of First Street and Prospect Avenue, traffic signal phasing, left turn prohibitions, and site accessibility from both adjoining streets. -10- Trip Assignment Trip assignment is typically the final step in travel demand forecasting (along with mode split). This procedure attempts to identify the specific routes that vehicles will take within a given streets and highways network. While several trip assignment techniques are available (e.g., capacity restraint, diversion curves, "all or nothing" assignment, etc.), all rely on an iteration process of assigning traffic to various routes which minimize travel distance and travel time between origin and destination. When dealing with a relatively small amount of traffic, the assignments are best ac- complished by manually allocating trips to known travel routes (i.e., commuter routes, local short-cuts, routes to shopping and recreational facilities, etc.). The basis for this allocation procedure is to interpret existing traffic data and travel patterns. ADT and intersection movements counts acquired for this study were utilized for this purpose. Various analyses were conducted to determine the extent of the impacts which may arise as a result of the project. Initially, the traffic estimated to be generated by the car wash was combined with the estimated traffic volumes. Then the trips estimated to be generated by the proposed project were combined with the existing traffic and the trips generated by the car wash. The resulting figures were then assigned to the surrounding street segments and intersections to determine the resulting LOS for key roadways and intersections for project build -out. The resulting ADT figures and turn movements for the A.M. and P.M. peak hours of traffic for the "Existing Plus Car Wash" condition are shown in Figure 4. Figure 5 illustrates the ADT figures and turn movements for the A.M. and P.M. peak hours of traffic for the "Existing Plus Proposed Project Plus Car Wash" generated traffic. TRAFFIC IMPACTS Traffic impacts, existing and future, are directly measured by comparing changes in the levels of service along roadway segments and at critical intersections. Tables V and VI summarize the projected intersection and roadway LOS for the "Existing Plus Car Wash" and "Existing Plus Project Plus Car Wash" scenarios, respectively. These LOS are based on the assignment of trip ends generated by the car wash and the tire and brake service, and their addition to the existing streets system. As noted in Tables V and VI, the ICU for the intersection of First Street and Prospect Avenue will increase from its existing levels of 0.471 (A.M.) and 0.741 (P.M.), to 0.479 (A.M.) and 0.759 (P.M.) for the "Existing Plus Car Wash" scenario, and to 0.483 (A.M.) and 0.762 (P.M.) for the Existing Plus Project Plus Car Wash" scenario. However, the resulting LOS remain at their current acceptable LOS "A" and "C," during the A.M. and P.M. peak hours, respectively. In addition, the roadway segment V/C ratios for First Street and Prospect Avenue are expected to increase from 0.733 to 0.752, and 0.365 to 0.391, respectively, due to the addition of car wash and project -generated traffic. However, the resulting LOS remain at their current acceptable LOS "B" for First Street, and LOS "A" for Prospect Avenue. PARKING GENERATION Parking generation is the total amount of parking spaces expected to be utilized by a given land use or building type. Applicable parking generation rates may be used to estimate the -11- I EHI McDONALD'S RESTAURANT SCALE: NONE I I TUSTIRE4.DWG 00 N ECONO LUBE AND TUNE PROSPECT AVENUE a POST OFFICE i CAR WASH I UNDER CONSTRUCTION i EXtSTtNO OFFRCES .A PROJECTI SRE (5,766) N _ co Zz r^iCD v �<nm 1 156 39 I 240 56 137 + 139 160 —�- + 250 81—; '-- 2 4 14 6-1 ` 4 4 ' � ' I I ' I Q No N �D U1 N .. I I N A.M. PEAK VOLUMES P.M. PEAK VOLUMES Li rz F— (� I LEGEND (XX,XXX)= EXISTING PLUS F— c/)CAR WASH A.D.T. BASED ON CC I I COUNT CONDUCTED JUNE, 1991. L� EXISTING PLUS CARpppp- I FIC -URF 4 WASH TRAFFIC VOLUMES TRANSPORTATION/ENVIRONMENTAL/URBAN SYSTEMS 18500 Von Karma Avenue, SwiW 300 • lraim. California $2715 • (714) 756-6440 -12- [Bi McDONALD'S RESTAURANT SCALE: NONE TUSTIRE5.DWG ECONO LUBE AND TUNE PROSPECT AVENUE ) POST OFFICE I I CAR WASH UNDER CONSTRUCTION I PROJECTI SITE (5,864) 70 1, oLn c�Ln U�'- 156 39 I I 138—x- + - I40 81 25 ^��N%D %D A.M. PEAK VOLUMES P.M. PEAK VOLUMES w I I CC F -- I LEGEND (XX,XXX)= EXISTING PLUS PROJECT F— Ln PLUS CAR WASH A.D.T. BASED ON ry I I COUNT CONDUCTED JUNE, 1991. Lr_ FIGURE 5 EXISTING PLUS PROJECT PLUS TRANSPORTATION/ENVIRONMENTAL/URBAN SYSTEMS CAR WASH TRAFFIC VOLUMES 18500 Von Korman Avenue. Suite 900 • lrwim. Calilornis 02715 • (714) 756-6440 -13- TABLE V - EXISTING PLUS CAR WASH LEVELS OF SERVICE INTERSECTIONS First Street/Prospect Avenue ROADWAYS First Street east of Prospect Avenue Prospect Avenue south of First Street A.M. Peak P.M. Peak Mu LM Ilii Imo. 0.479 A 0.759 C 24 - Hour YJC Ratio im 0.750 B 0.384 A NOTE See Appendix for Intersection Capacity Utilization calculation sheets. Ref.TTIRTB05.KMW TABLE VI - EXISTING PLUS PROJECT PLUS CAR WASH LEVELS OF SERVICE A.M. Peak P.M. Peak INTERSECTIONS I -Qu id?- ICU LM First Street/Prospect Avenue 0.483 A 0.762 C 24 - Hour ROADWAYS VIC Ratiq Id2S First Street east of Prospect Avenue 0.752 B Prospect Avenue south of First Street 0391 A NOTE: See Appendix for Intersection Capacity Utilization calculation sheets. Ref.TTIRTB06.KMW number of parking spaces necessary for a land use or building type of a specified size. Such rates are typically found in various documents, including the Institute of Transportation Engineers' (=) "Parking Generation," 2nd Edition. However, the rM does not include information for automotive services or similar uses. Therefore, the parking generation rates for this study are based on a previous study conducted by KHR Associates in August of 1989 for the Ambassador. Automotive Service Center located in Anaheim. This report supports a parking demand ratio of 4.18 parking stalls per 1,000 square feet of gross floor area. The number of required parking stalls calculated based on this rate do not include the parking spaces located inside the building. Utilizing this rate, the estimated required number of parking stalls for the 3,966 square foot tire and brake service is 16.58 or 17 stalls, not including the 8 service bays. The City of Tustin development code requires 2 parking spaces per 1,000 square feet of gross floor area for the tire and brake center, which is calculated to be 8 required parking spaces. For the existing medical office, accounting and retail uses, the City requires a 13 parking spaces, for a total City code requirement of 21 parking spaces for the entire site. The proposed site plan provides a total of 19 parking spaces for the site, which satisfies only the parking -14- demand for the tire service, and which is 2 spaces less than City requirements. Therefore, the proposed number of parking spaces on the site plan appears deficient based on both City code requirements and empirically determined parking demand for the tire and brake service. Table VII provides a comparison of the number of parking spaces required per City code, the number provided and the total estimated parking demand. Please note that the Wilson Auto Center (study nuinber AC -1 of the SANDAG report) • . w .. ww n n .... w • •• . • provides llu parking spaces for me.54600 square toot faculty, for an aS-ouut parxing ratio TABLE VII - PARKING GENERATION & REQUIREMENTS Parking Required Parking Parking Demended Land Use i nits �T Spaces Provided Spaces Tire Service 3,866 SF2 2 8 N/A 4.183'4 17 Customer Waiting 100 SF 5 1 N/A N/AS N/A Medical Office 1,343 SF 8 8 N/A 4.116 6 General Office 1,050 SF 4 4 N/A 2.796 3 TOTALS 6,393 SF 21 19 26 1- Parking Spaces Per Thousand Square Feet. 2 - Square Feet 3 - From KHR Associates "Ambassodor Automotive Service Center Parking Impact Study, August, 1987. 4 - Based on Total Facility (i.e., 3,966 SF) 5 -Although the City of Tustin requires parking spaces for the customer waiting area, this area does not generate parking demand. 6 - From Institute of Transportation Engineers' "Pari:ing Generation," 2nd Edition, 1987. Rcf.TTIRT807.KMW of 3.68 parking spaces per 1,000 square feet. This ratio is greater than the City of Tustin parking requirement of 2 spaces per 1,000 square feet. Utilizing the Wilson Auto Center parking ratio for the Tustin Tire Service yields a total parking requirement of 14.59 or 15 parking spaces, in comparison to the 8 spaces required by the City of Tustin. Based on the limited empirical data, it appears that current City parking code requirements n= be understated. However, resolution of this apparent deficiency may not be resolved without a more detailed analysis of current code requirements. It is understood that the applicant is seeking a consolidated parking/access bonus which would allow for an overall reduction in required parking of 20% in accordance with the First Street Specific Plan. It is further understood that the co -applicants are requesting a 7% reduction in required parking. This is reported to result in a reduction from 21 spaces to 19 spaces on the tire center property with no reduction on the car wash site. If accepted, this mechanism would resolve the discrepancy with City Code requirements, but would not resolve the discrepancy with the empirically derived parking generation data presented. SITE PLAN REVIEW A review of the proposed site plan indicates that adequate on-site parking and circulation are provided, and that the access strategy is acceptable, given the physical constraints of the site. The northerly driveway accessing the site is located 180 feet east of the intersection of First Street and Prospect Avenue and is 35 feet in width. The westerly driveway is located approximately 110 feet south of the intersection of First Street and Prospect Avenue and -15- is approximately 25 feet in width. The driveways appear to be of adequate width for safety and circulation purposes. Although internal circulation appears to be adequate, the design of the raised landscaped median on First Street encourages illegal and potentially unsafe vehicle movements. Drivers ultimately wanting to proceed westbound on First Street are immediately aware of the left turn pocket leading to McDonald's. While u -turns are prohibited from that pocket, drivers are encouraged to cross two eastbound travel lanes to use the left turn pocket, enter the McDonald's site, proceed around the restaurant, exit the McDonald's and then proceed westbound on First Street. While driver familiarity with the availability of cross -lot access to the Prospect Avenue driveway will reduce the occurrence of this activity, additional "right turn only" signage is suggested at the driveway located on First Street. The on-site drive isles are approximately 25 feet wide and allow for two-way traffic movement. The proposed site plan will allow for cross -site circulation. Vehicles traveling to and from the car wash and the tire and brake service will be able to access both driveways due to the proposed site configuration. It is suggested that the conditions of approval for the proposed project incorporate a requirement for City approved ingress/egress ease- ments. STUDY FINDINGS & CONCLUSIONS Based on the results of this traffic impact analysis, the following findings and conclusions are reached regarding the proposed project: 1. The intersection of First Street and Prospect Avenue currently operates at acceptable levels of service (i.e., level of service "C' or better) during the A.M. and P.M. peak hours of traffic. 2. The roadway segments of First Street and Prospect Avenue adjacent to the site currently operate at acceptable levels of service (i.e., level of service "C" or better). 3. The levels of service at the intersection of First Street and Prospect Avenue are projected to remain at current acceptable levels for the "Existing Plus Car Wash" and "Existing Plus Project Plus Car Wash" conditions during the A.M. and P.M. peak hours of traffic. 4. The roadway LOS for First Street and Prospect Avenue are expected to remain at their current levels for the "Existing Plus Car Wash" and "Existing Plus Project Plus Car Wash" conditions. 5. A review of the proposed site plan indicates that the design for vehicular access and parking stalls as proposed are in accordance with City code requirements. The site is adequately accessed and will accommodate emergency vehicles. The on-site circulation patterns for the general public areas were found to provide for the orderly movement of traffic without unsafe on-site turning or parking maneuvers. 6. Vehicles leaving the site from the northerly driveway located, and desiring to travel in the westbound direction on First Street are encouraged, due to the design of the raised landscaped median on this roadway, to cross the two eastbound travel lanes of First -16- Street in order to access the left turn pocket. This condition is considered to be potentially unsafe, but can be partially mitigated through the installation of appropriate traffic control signage. 7. The proposed 19 on-site parking stalls appear to be inadequate based empirical parking demand data and analysis which indicates that a total of 26 parking spaces should be provided. However, City code requirements of 21 parking spaces can be met through approval of the requested parking/access bonus. RECOMMENDATIONS Based on the above study findings and conclusions, the following recommendations are made: 1. Due to the cross -lot driveway configuration for the First Street drive approach and drive aisles, appropriate ingress/egress easements are necessary. It is recommended that such easements be required for conditions of approval and that the form and content are approved by the City Attorney and the City Engineer. 2. Due to parking demand and parking lot configuration, assigned parking, with ap- propriate signage, is recommended. Stalls 8, 9, and 10 as shown on the proposed site plan should be reserved for the medical use, and stalls 15 and 16 should be reserved for the office use. Sign :design and location should be approved in conjunction with other site signage. 3. "Fire-Lane/No Parking" striping and text should be placed and maintained along service bay frontage to preclude blockage of the service aisle. Design and materials should be approved by the City Engineer. 4. A "Right Turn Only" sign should be placed at the First Street driveway as approved by the City Engineer. 5. Traffic direction arrows should be painted onto the drive aisle surface at locations as shown on Figure 2 and as approved by the City Engineer. 6. Approval of the site plan should be made contingent upon approval of corresponding site plan changes for the car wash. 7. Any free standing signs and vegetation should be reviewed for line -of -site considera- tions. 8. Some form of recourse is needed should parking become a problem. The following condition, placed on other projects in similar circumstances, is recommended: "The ownershall be required to prepare a comprehensive parking demand study anytime within the fust three years from the approval of a Final. Building Permit for the site alterations requested as part of (Case No.), at the request and discretion of the Director of Community Development if it is determined that a parking problem exists on the site or the site exacerbates traffic or parking issues on adjacent streets. If said report indicates inadequate on-site parking, the owner at the discretion of the City shall provide additional mitigation to offset -17- parking impacts by implementing one of the following alternatives, with the determination of the acceptable alternate subject to review and approval by the City A. Secure off-site parking and execute a recordable parking agreement from adjacent property owners; B. Reduce the number of service bays in order to correspondingly reduce required parking for the use." -18- REFERENCES "Ambassador Automotive Service Parking Impact Study," KHR Associates, August 1987. "City Council Report," City of Tustin, Community Development Department, June 3,1991. "Congestion Management Program for Orange County," County of Orange, January 1991. "Highway Capacity Manual - Special Report 209," Transportation Research Board, Nation- al Research Council, 1985. "Parking Generation," 2nd Edition, Institute of Transportation Engineers, 1987. "Report to the Planning Commission," City of Tustin, April 22, 1991. "Request for Variance," Donley -Bennett Architects, May 24, 1991. Response to the traffic report conducted by Weston Pringle and Associates dated July 3, 1989, from Mastro and Associates to Mr. Stephen Paquette, May 14, 1991. 'Transportation and Traffic Engineering Handbook, 2nd Edition, Institute of Transpor- tation Engineers, 1982. 'Trip Generation," 4th Edition, Institute of Transportation Engineers, 1987. 'Trip Generators," San Diego Association of Governments, January, 1990. 'Tustin Plaza Car Wash," Traffic Study, Weston Pringle and Associates, July 3, 1989. -19- APPENDIX KHR ASSOCIATES INTERSECTION CAPACITY UTILIZATION ANALYSIS COUNT DATE: 6/18/91 KHR CODE: TTICU-1 A.XLS DAY: TUESDAY INPUT BY: K. WOODS LOCATION: CITY OF TUSTIN COUNTY: ORANGE NORTH-SOUTH STREET: PROSPECT AVENUE SURVEY PERIOD: 7:00 TO 9:00 A.M. EAST-WEST STREET: FIRST STREET PEAK HOUR: 7:45 TO 8:45 A.M. COMMENTS: PEAK HOUR VOLUME VOLUMEICAPACITY RATIO EXISTING + EXISTING + DIRECTION NUMBER CAPACITY OF LANE OF (VEH/HR) EXISTING + PROJECT + EXISTING + PROJECT + TRAVEL MOVEMENT LANES ON GREEN EXISTING CAR WASH CAR WASH EXISTING CAR WASH CAR WASH LEFT TURN 1 1700 22 24 25 0.013 0.014 0.015 NORTHBOUND THROUGH" 1 1700 139 139 140 0.104 t 0.105 0.105 RIGHT TURN 0 0 38 39 39 0.000 0.000 0.000 LEFT TURN 1 1700 154 156 156 0.091 0.092 0.092 SOUTHBOUND THROUGH 1 1700 136 137 138 0.080 0.081 0.081 RIGHT TURN 1 1700 81 81 81 0.050 0.050 0.050 LEFT TURN 1 1700 147 147 147 0.086 0.086 0.086 EASTBOUND THROUGH" 2 3400 615 622 523 0.200 � 0.203 � 0.204 r RIGHT TURN 0 0 66 67 69 0.000 0.000 0.000 LEFT TURN 1 1700 44 51 55 0.026 + 0.030 * 0.032 + WESTBOUND THROUGH'• 2 3400 399 402 402 0.128 0.129 0.129 RIGHT TURN 0 1 0 1 37 1 37 1 37 0.000 1 0.000 0.000 EXISTING ICU & CLEARANCE INTERVAL 0.471 Mir=. EXISTING LEVEL OF SERVICE A EXISTING PLUS PROJECT ICU & CLEARANCE INTERVAL0.479 WA EXISTING PLUS PROJECT LEVEL OF SERVICE CUMULATIVE ICU & CLEARANCE INTERVAL ,, 0.483 CUMULATIVE LEVEL OF SERVICE A DENOTES CRITICAL MOVEMENT DENOTES SHARED LANE KHR ASSOCIATES INTERSECTION CAPACITY UTILIZATION ANALYSIS COUNT DATE: 6/18/91 KHR CODE: TTICU-1 P.XLS DAY: TUESDAY INPUT BY: K. WOODS LOCATION: CITY OF TUSTIN COUNTY: ORANGE NORTH -SOUTH STREET: PROSPECT AVENUE SURVEY PERIOD: 4:00 TO 6:00 P.M. EAST -WEST STREET: FIRST STREET PEAK HOUR: 5:00 TO 6:00 P.M. COMMENTS: PEAK HOUR VOLUME VOLUME/CAPACITY RATIO EXISTING + EXISTING + DIRECTION NUMBER CAPACITY OF LANE OF (VEH/HR) EXISTING + PROJECT + EXISTING + PROJECT + TRAVEL MOVEMENT LANES ON GREEN EXISTING CAR WASH CAR WASH EXISTING CAR WASH CAR WASH LEFT TURN 1 1700 42 44 48 0.025 0.026 0.028 NORTHBOUND THROUGH•• 1 1700 249 250 251 0.178 " 0.180 0.181 RIGHT TURN 0 0 54 56 56 0.000 0.000 0.000 LEFT TURN 1 1700 235 240 240 0.138 * 0.141 * 0.141 SOUTHBOUND THROUGH 1 1700 158 160 161 0.093 0.094 0.095 RIGHT TURN 1 1700 146 146 146 0.086 0.086 0.086 LEFT TURN 1 1700 157 157 157 0.092 0.092 0.092 EASTBOUND THROUGH` 2 3400 1215 1227 1227 0.361 * 0.365 0.366 RIGHT TURN 0 0 11 14 17 0.000 0.000 0.000 LEFT TURN 1 1700 23 38 41 0.014 0.022 0.024 WESTBOUND THROUGH` 2 3400 555 561 561 0.221 0.223 0.223 RIGHT TURN 1 0 1 0 1 198 198 198 0.000 0.000 0.000 EXISTING ICU & CLEARANCE INTERVAL 0.741 EXISTING LEVEL OF SERVICE C EXISTING PLUS PROJECT ICU & CLEARANCE INTERVAL 0.759 EXISTING PLUS PROJECT LEVEL OF SERVICE C CUMULATIVE ICU & CLEARANCE INTERVAL 0.762 CUMULATIVE LEVEL OF SERVICE C DENOTES CRITICAL MOVEMENT * DENOTES SHARED LANE H z /0 0 z CcD z 0 0 LU C/) LUz z F- U LU O cc a R O O n 0 m LU CL F- D U 0 0 cn w D h' Q D in `r- F - M N m CC Li cD Z LU O Q F- p U w N m w f" z O OQ mdCD w p CL !- O M m M d qt Ln m O w M st n w N w Ln t N n m 1-- = C7 rn N a) r N N O N O m Ln •- rn � o) N st .- n n w �.. M 00 p z O N D O _ O N oo m O) m 0 n N �- co co N n r- co cD Ln M w N N C w w ca LU 3 1- W n st �t �- � cD cD N a N J F- = C7 N .- M N co Ln M Ln qt n �- to M to V- z O CO m S M M Ln n CD Mr- a) r- M 00 M M .- .-- M r- n r- rn M N W- L[) Ln m N m QN W F- W J .- m M N N N .-- W M M co d' co d' ch M W N ~ i C7 et .- N n •- M NW to O -it N ItG7 M n w M C„) r„ r - co p z D m _ OC = Ln N m N CO tt V- d m m N M CD m n N N r, Ln N to M D O N W J COV N M Oo 'd' V-M CV) co CD M 00 Lr) t0 N � H _M C7 w N M N . - Lf) co Ln M •- to co M at p z D O m cc �- co n M O LLi CV)� cD et M rn CV) Ln •- oo N a)M CV) O z LL M Wt LC) to r to n tD .� N N 00 CV) N N J O z m z LU w m o O n Ln •- r O M n Ln 4 n 0 m N o O.- oo Ln co O M co m it co O= F.. m :) N O= Ly LU O a H Z Z) O U z Z O p U W cc W Z w Q �c G D w O m 1- �c 0 W M N ztz_ a H N f" CC Lt- y r M } N co _ S t% c0 Z z Lu 0. O Q VW O N J � W z ~c0 WO t0 t0 O N n to to d O O M w w O cn F " S C7 d d d M to LE) to d c0 N !) c0 0 �o O co= f.. M r N N co d M an O n M •- to n M 0 M Lt) U) O to LC) W 3 W Ln co cfl d M M co cD N � N J H n M M t0 Cl M d N N .- to co .- z m N O— = ~ N N LA •- N c0 M N to n N Q) M O d N M Ln O M 00 O M 00 r- to j d N Lf) N WIt It d d 0�0 M d N It Lf) 00 M r - LA F- S C7 M .- d r N M N o d M N O It n M ca N �.. 0 z D o M S w S n N r- M M M c) �-- a0 M d M M n M � �.. ^ N � V- H F- D N LL J M M •- d t0 d V- d n c0 co d M N t0 _ M to N N Lf) N = (7 1� r ^ Ln N M r 00 Lfl M •- O N N r tri d to N 04 Ln Z D O m cc Ln d M00 d M M ca to M LC) � r % n t0 to Ln N tt N crO Z U. J.- O to q- M •- LA d 00 .-- to r- N N d n 00 N d 0 z Z ? a co= m CL o O d a to r- d a O M d a to d d Q F' O m N a. o O to a to a to a L to Q O m CC Q O 0 O W~ S F- a O 0 O Y~ a. SITE CODE : 00000001 TUSTIN :PAGE: 1 Location : 1ST E/0 PROSPECT E/B FILE: tustin-1 Weather : GOOD Operator : TB DATE: 6/18/91 ------------------------------------------------------------------------------------------------------------ T. TUESDAY -18 WEDNESDAY -19 THURSDAY -20 Daily Average BEGIN AM PM AM PM AM PM AM PM ---------------------------------------------------------------------------------------------------------------------------------- 12:00 * 359 22 * * * 22 359 12:15 * 324 17 * * * 17 324 12:30 * 327 16 * * * 16 327 12:45 * 310 10 * * * 10 310 1:00 * 335 4 * * * 4 335 1:15 * 315 9 * * * 9 315 1:30 * 283 9 * * * 9 283 1:45 * 300 12 * * * 12 300 2:00 * 279 8 * * * 8 279 2:15 * 284 5 * * * -5 284 2:30 * 285 6 * * * 6 285 2:45 * 280 4 * * * 4 280 3:00 * 304 4 * * * 4 304 3:15 * 264 3 * * * 3 264 3:30 * 291 4 * * * 4 291 3:45 * 271 5 * * * 5 271 4:00 * 281 6 * * * 6 281 4:15 * 299 8 * * * 8 299 4:30 * 339 13 * * * 13 339 4:45 * 341 21 * * * 21 341 5:00 * 386 15 * * * 15 386 5:15 * 373 38 * * * 38 373 5:30 * 348 58 * * * 58 348 5:45 * 278 77 * * * 77 278 6 — * 309 89 * * * 89 309 * 254 133 * * * 133 254 6:,,, * 216 127 * * * 127 216 6:45 * 191 128 * * * 128 191 7:00 * 188 104 * * * 104 188 7:15 * 183 135 * * * 135 183 7:30 * 172 133 * * * 133 172 7:45 * 142 170 * * * 170 142 8:00 184 116 * * * * 184 116 8:15 173 129 * * * * 173 129 8:30 196 127 * * * * 196 127 8:45 180 110 * * * * 180 110 9:00 179 106 * * * * 179 106 9:15 188 92 * * * * 188 92 9:30 198 75 * * * * 198 75 9:45 203 98 * * * * 203 98 10:00 228 70 * * * * 228 70 10:15 212 57 * * * * 212 57 10:30 241 41 * * * * 241 41 10:45 249 43 * * * * 249 43 11:00 237 38 * * * * 237 38 11:15 272 36 * * * * 272 36 11:30 296 31 * * * * 296 31 11:45 338 17 * * * * 338 17 ---------------------------------------------------------------------------------------------------------------------------------- TOTALS 3574 10297 13871 1393 * 1392 * * -2 4967 10297 15: PEAK HOUR 11:00 4:45 7:00 * * * 11:00 4:45 VOLUME 1143 1448 542 * * * 1143 1448 P 0.85 0.94 0.80 * * * 0.85 0.94 SITE CODE : 00000002 TUSTIN PAGE: FILE: 1 TUSTIN-2 Location : 1st E/0 PROSPECT W/B Weather : GOOD DATE: 6/18/91 Operator. TB ------------------------------------------------------------------•-- ------ • -•-------------------------------------------- 1 TUESDAY -18 WEDNESDAY -19 THURSDAY -20 Daily Average BEGIN AM PM AM PM AM PM AM PM ----------------------------------------------' 12:00 * 289 22----------*-------- * 22 289 12:15 * 282 10 * * * 10 282 12:30 * 286 6 * * * 6 286 12:45 * 316 8 * * * 8 316* 1:00 * 284 6 * 6 284 1:15 * 276 6 * * 6 276 1:30 * 258 . 7 * * 7 258 1:45 * 261 8 * * 8 261 2:00 * 239 6 * 6 239 2:15 * 244 3 * * 3 244 2:30 * 201 2 * * * * 2 1 201 219 2:45 * 219 1 * * * 3 208 3:00 * 208 3 * * * 6 198 3:15 * 198 6 * * * 4 212 3:30 * 212 4 * * * 3 205 3:45 * 205 3 * * * 4 197 4:00 * 197 4 * * * 7 206 4:15 * 206 7 * * * 10 214 4:30 * 214 10 * * * 9 190 4:45 * 190 9 * * * 8 197* 5:00 * 197 8 * * 25 223 5:15 * 223 25 * * 25 223 5:30 * 223 25 * * * * 33 193 5:45 * 193 33 34 162 162 34 * 165 50 * * * 50 165 * 168 70 * * * 70 168 6:45 * 133 102 102 133 7:00 * 143 124 * * * 124 143 7:15 * 157 174 * * * 174 157 7:30 * 134 231 * * * 231 134 7:45 * qg 231 * * * 231 98 * * * 211 111 8:00 211 111 * * * * * 238 89 8:15 238 89 * * * 239 95 8:30 239 95 * * * * 221 83 8:45 221 83 * * * 211 97 9:00 211 97 * * * * * 202 59 9:15 202 59 * * * * 199 62 9:30 199 62 * * * * 172 61 9:45 172 61 * * * * 200 43 10:00 200 43 * * * * 192 33 10:15 192 33 * * * * 189 36 10:30 189 36 * * * * 174 26 10:45 174 26 * * * * 182 34 11:00 182 34 * * * 223 23 11:15 223 23 * * * * * * 223 18 11:30 223 18 * * * 249 13 11:45 249 13 * -------------------------------•--------------*------- TOTALS 3325 7664 10989 1238 1237 * * -2 4563 7664 12. PEAK HOUR 8:00 12:00 7:00 * * * 7:45 12:00 VOLUME 909 1173 760 * * * * * 919 0.96 1173 0.93 P - 0.95 0.93 0.82 * SITE CODE : 00000004 TUSTIN PAGE: 1 Location : PROSPECT AVE. SOUTH OF FIRST FILE: TUSTIN-4 Weather : GOOD Operator : TB DATE: 6/18/91 - ----------------------------------------------------------------------------------------------------------------- T, ....... SB ------- ------- NB ------- ----- COMBINED ----- DAY: TUESDAY BEGIN AM PM AM PM -------------------- AM - PM ---------------------- 12:00 * ------------------------------------------- 59 * -------------- 65 * 124 12:15 * 65 * 40 * 105 12:30 * 59 * 51 * 110 12:45 * * 75 258 * * 55 211 * * 130 469 1:00 * 67 * 46 * 113 1:15 * 55 * 22 * 77 1:30 * 54 * 44 * 98 1:45 * * 68 244 * * 41 153 * * 109 397 2:00 * 60 * 20 * 80 2:15 * 50 * 38 * 88 2:30 * 56 * 36 * 92 2:45 * * 75 241 * * 30 124 * * 105 365 3:00 * 67 * 39 * 106 3:15 * 65 * 48 * 113 3:30 * 80 * 22 * 102 3:45 * * 57 269 * * 37 146 * * 94 415 4:00 * 75 * 46 * 121 4:15 * 68 * 39 * 107 4:30 * 85 * 29 * 114 4:45 * * 76 304 * * 54 168 * * 130 472 5:00 * 82 * 49 * 131 5:15 * 110 * 55 * 165 5:30 * 81 * 48 * 129 5:45 * * 75 348 * * 64 216 * * 139 564 6 —. * 54 * 38 * 92 * 44 * 31 * 75 6:,v * 28 * 33 * 61 6:45 * * 28 154 * * 25 127 * * 53 281 7:00 * 32 * 18 * 50 7:15 * 30 * 23 * 53 7:30 * 37 * 27 * 64 7:45 * * 17 116 * * 27 95 * * 44 211 8:00 45 28 40 25 85 53 8:15 51 22 68 16 119 38 8:30 47 23 36 19 83 42 8:45 40 183 13 86 30 174 24 84 70 357 37 170 9:00 36 18 35 32 71 50 9:15 51 10 27 7 78 17 9:30 40 11 31 13 71 24 9:45 45 172 15 54 26 119 11 63 71 291 26 117 10:00 51 10 39 17 90 27 10:15 76 8 31 6 107 14 10:30 59 4 38 7 97 11 10:45 48 234 5 27 28 136 3 33 76 370 8 60 11:00 48 8 29 9 77 17 11:15 64 4 35 3 99 7 11:30 53 2 40 3 93 5 11:45 54 219 2 16 46 150 1 16 100 369 3 32 ---------------------------------------------------------------------------------------------------------------------------------- TOTALS 808 2117 579 1436 1387 3553 DAY TOTALS 2925 2015 4940 SPLIT % 58.3 59.6 41.7 40.4 F )UR 10:00 4:30 8:00 5:00 10:00 5:00 VOLUME 234 353 174 216 370 564 P.H.F. 0.77 0.80 0.64 0.84 0.86 0.85 SITE CODE : 00000004 TUSTIN PAGE: 2 FILE: TUSTIN-4 Location : PROSPECT AVE. SOUTH OF FIRST Weather : 0000 DATE: 6/19/91 OpeAtor . TB - --------------------SB•------------------------------ --------•----------------•---------------------------------•----------•--- NB •------ ----- COMBINED ----- DAY: WEDNESDAY T, BEGIN ----•-- AM PMAM PM AM PH ----•----------• --•-- •-----•--•-•----------------------------------------------------------------- ................................. --- ------------------*-•- --•- 12:00 2 1 * 3 12:15 6* 1 * * 12:30 1 * 0 * 1 1 12:45 1 10 * * 1 3 * * 2 13 * * 1:00 0 * 0 * 0 * 1:15 1 * 1 * * 2 1 1:30 1 * * * 0 1 2 * * 1 4 * * 1:45 0 2 * 0 2:00 0 * 0 * 2:15 0 * 0 * p 2:30 0 * 1 * * * 1 1 2 2:45 1 1 * * 0 1 3:00 0 * 0 * 0 3:15 0 * 0 * 0 3:30 0 * 0 * 0 3:45 0 0 * * 2 2 * * 2 2 4:00 , 3 * 1 * 4 4:15 0 * 2 * 2 _ 4:30 4 * 0 * 4 4:45 0 7 * * 0 3 * * 0 10 5:00 2 * 2 * 4 5:15 0 * 2 * 2 5:30 1 * * * 5 12 21 * * * 6 20 32 5:45 8 11 5 * 5 * 10 12 * 24 * 36 * 16 * 23 * 39 6:45 17 50 * * 30 82 * * 47 132 7:00 25 * 33 * 58 7:15 40 * 48 * 88 7:30 50 * 46 * 96 7:45 53 168 * * 52 179 * * 105 * 347 * 8:00 * * * * * * 8:15 * * * * * * 8:30 8:45 * * * * * * * * * * * * * * * * * 9:00 * * * * * 9:15 * * * * * * * * * * 9:30 * * * * * 9:45 * * * * * * * * * 10:00 10:15 10:30 10:45 11:00 * * * * * * * 11:15 * * * * * 11:30 * * * * 11:45 * * * * * -------------------------------------------- * * * ---- ---------- TOTALS ----------- 249 ' ------- ----------- * -------------- 293 * 542 DAY TOTALS 249 293 542 SPLIT % 45.9 * 54.1 1 OUR 7:00 * 7:00 * 7:00 VOLUME 168 * 179- * 347 P.H.F. 0.79 * 0.86 * 0.83 ll 0 9z 1Io onl I -AQ ha MvJ h[ ri[ \W J 1• nua uy� 11jr \ • uua+l . anua y Inxl� IINI I MIl�A>y 1 oAd 'S SC I hu3 : • Q • , XuuaaulNUIUUcld . atn»atV 331MOS 3)lVa8 V 3aLL NLLSrU sl I -;3 I Ir av3Ao*00�Ad 113NN39•W1NOO vii, O' 1 ' 0 C C U e���ri rn « « Wel z 91 F F111111111, � � � : • _ i � f e Z«- .3 Y5 Yy! 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I �0 I I l !' i i F + F w }wo Ifl II, wW IOE:E ►- o cc IL n it z ¢ ! i. I N a I'I , ! 1 I l it I: �! �� � : i • II � � 1 z . 1 ;! •. iI O w� o n ilk, Q o .1 !i•:I , :i w a OT 5 Ems 091,ge VC) Iny RL *I! -Iliw IU 4,1.' utont - inuA%Y Irin'l om*Av 1*odsojd IS SCIr wulj.l,)uliu3 - -4.-luulld - 4Jn)3,)1143JV 3:)IAU3S 3NVUS V 3kill Nusn.L &03 1 IK38V ur, uv3AGOO!D InNN39-A31NOO kill 31 :p000dOAd W -j co Z w W, CC -4 0 LL CC U z 0 -K 0 0 2 o 0 w to M 4n x > e% O#A W to CA 0 w LL. X 0 ui -j 6 z -K 0 a¢ A W W= w w 0 w w w 0000000 LLJ 0 z0 co w 2 Ch :) > LL U. > w co W0 W w a �- z w F- z z 1— cc 0 ow I M cc LL Uj x w = I LL CITY COUNCIL MINT -S Page 2, 6-3-91 AS ADEQUATE FOR ZONE CHANGE 90-01, TENTATIVE PARCEL MAP 90-292, TENTATIVE PARCEL MAP 90-293 AND DESIGN REVIEW 90-40 INCLUDING REQUIRED FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT It was moved by Edgar, seconded by Pontious, that Ordinance No. 1072 have first reading by title only. Motion carried 5-0. Following first reading by title only of Ordinance No. 1072 by the City Clerk, it was moved by Edgar. seconded by Pontious, that the following Ordinance No. 1072 be introduced: ORDINANCE NO. 1072 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING ZONE CHANGE 90-01 TO MODIFY EXISTING IRVINE INDUSTRIAL COMPLEX AND ADOPT NEW JAMBOREE PLAZA DISTRICT REGULATIONS IN THE PC -IND DISTRICT LOCATED ON 19.1 ACRES AT THE NORTHWEST CORNER OF EDINGER STREET AND JAMBOREE ROAD otion carried It was moved by Pontious seconded by Edgar, to approve Tentative Parcel Map 90-292 by adoption of the following Resolution No. 91-76: RESOLUTION NO. 91-76 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP NO. 90-292 otion carried 5-0. It was moved by Edcxar. seconded by Pontious, to approve Tentative Parcel Map 90-293 by adoption of the following Resolution No. 91-77: RESOLUTION NO. 91-77 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP NO. 90-293 Motion carried 5-0. 2. APPEAL OF CONDITIONAL USE PERMIT 91-01 AND VARIANCE 91-08' (PAQUETTE, 135 SOUTH PROSPECT AVENUE) (Comments by the City Council during this portion of the Minutes are verbatim.) Dan Fox, Senior Planner, reported the Conditional Use Permit was an application for a tire sales and service business located at 135 S. Prospect Avenue and the variance was a request to deviate from various lot standards in conjunction with the operation of that business. He stated the applicant had submitted a new plan including design review aspects of the project which substantially deviated from the plans previously reviewed by the Planning Commission and explained it would be inappropriate for the Council to consider design review aspects of the site before review by the Planning Commission. Mr. Fox gave a slide presentation of the various office, retail and restaurant uses on First Street; summarized the Planning Commission's decision of denial of the Conditional Use Permit and variance; and highlighted the. First Street Specific Plan goals and objectives. He also distributed and read a letter received from Roy E. Daly Company supporting denial of the Conditional Use Permit and variance. Mayor Puckett opened the public hearing at 7:30 p.m. The following members of the audience spoke in support of the proposed project: Ronald M. Casaga, 17671 Shadel Drive, Tustin Ava Matthews, 10542 Greenbrier Road, Santa Ana :ITY COUNCIL MINUTES ?age 3, 6-3-91 Patricia Champion, 17965 Fiesta Way, Tustin Norman Fritz, property owner, 135 S. Prospect Avenue, Tustin Steven Paquette, co -applicant (read letter from Mr. Altman) Greg Bennett, Donley -Bennett Architects The following member of the audience spoke in opposition to the proposed project: Kathy Weil, 1702 Summerville Avenue, Tustin There were no other speakers on the subject and the public hearing was closed at 8:00 p.m. Mayor Pro Tem Pontious: I believe very firmly in the goals of the First Street Specific Plan and I am very concerned about the nature of the development throughout our Old Town areas and the First Street area. As a member of the Planning Commission I voted against approval of the carwash. While I feel that the applicant has obviously gone to a great deal of time and trouble, I cannot support the auto service use. Each granting of such a use continues to erode the First Street Plan. I'm unable to make the necessary findings to overturn the Planning Commission's decision. Councilmember Edgar: The concern I have is that traffic and parking are clearly identified issues and although there is a rationale that the applicant has given as to why perhaps in his judgement the standards don't apply, nevertheless, one of the things I have felt very critical in every project we have in our City is to make sure we do the very best technical job we can to understand traffic, to understand parking and not to have a project that's going to have built-in deficiencies along that line. Dan Fox, in response to previous public comments, explained the trip generation formula; scheduling timelines; and use of the photoboard. Mayor Puckett reopened the public hearing at 8:10 p.m. The following member of the audience spoke in support of the proposed project: Steve Paquette, co -applicant There were no other speakers on the subject and the public hearing was re -closed at 8:12 p.m. Councilmember Prescott: After almost 45 minutes of comment, I think that what we're looking at here is a problem of usage. I think once we can establish a usage which we're comfortable with, the staff and the applicant could design whatever were necessary. I have no problem with automotive usage on that corner and I would like to see the Planning Commission revisit the whole subject with..I don't know how the rest of the Council thinks on this issue, but if there were a majority up here that were open to an automotive usage, we could send it back to the Planning Commission and they can go at it again. But I don't think we have the right to do tonite what the applicant suggested and overrule the Planning Commission and do enactment of his proposed resolutions, okay the project. Councilmember Potts: My comments are, I'm not willing to just dump a business like that without sending it back to the Planning Commission as Councilmember Prescott suggested. As Paul Harvey said, there's the rest of the story. Right now, I've been to First Street. McDonald's and Jalepenos is on First Street so my kids and I and my wife get out there. Those are -- the two thriving businesses besides the Post Office. The Post Office might be moving, in fact they said they are going to move out to the east end of the City, I don't know where, I don't think they know where. Right now, the rest of the story is, you have an old building there. You have a building that's being used for storage, there's absolutely no revenue being generated CITY COUNCIL MIw" `ES Page 4, 6-3-91 from this building. You have an opportunity where they are going to come in and make an old building look newer, they are going to do a lot to improve the area, they are going to put in 25 trees from looking at this and what I've been told. They are going to generate tax revenue in an economic time that, yes, it's down, and it's starting to pick up, but, if there was another business that was going to go in there I'd entertain that idea, I think another business would be great but we don't have another business, this is the only business that I can see that's ever been offered for that area and since he's the owner of the property and has already started this, I think it would be appropriate to send it back to the Planning Commission and review it and see what we can work out. If it can't be worked out, fine, but I'm not willing to just tell them good -night, that's all there is, and all your hard work is for naught. I'd like to work something out to where it's a win-win situation, the City needs the revenue. I can agree with Kathy Weil as far as this being the First Street project and what they tried to plan, but I know that even she would say that the improvements to that building now are better than what they plan. It's better than what it is now and so maybe she can give some input, other people can give some input to the Planning Commission, and we can work something out. . Mayor Puckett: Christine, question. If the Planning Commission's ruling is upheld, what are the alternatives for the applicant, can he go back to the Planning Commission with the new proposal? Christine Shingleton: If he has a new proposal as I think has been .represented in your packet, he could take that back as a new proposal and open up the issue again with the Commission. One caution to that is, I 'think that Councilman Prescott is correct in that the real issue ought to be the use issue here and you can refer it back to the Commission relative to the design, but if the Council, really hasn't really resolved use issue and you're comfortable with seeing automotive services on this site, you're not going to give enough direction back to the Commission to allow them to, I think, be comfortable with taking an action that might have been different than what they originally recommended. I think I'd like to see you provide direction on that area and then as the applicant has represented and, as Councilman Prescott suggests, the design issues we would work in any event with the applicant on, depending upon the direction that the Council provided. Councilmember Potts: I think I have a problem with the parking and if that could be addressed. It's already in the Conditional Use Permit to allow that type of business there even though it's in the First Street corridor, the Specific Plan, it is addressed under the Conditional. Use Permit. So now we have problems with parking, I don't think with the aesthetics, if they do what they say they're going to do. Christine Shingleton: I might clarify because there is..as Dan Fox mentioned, there's kind of a confusion about the Conditional Use Permit process and law, and what that means is it's a use that's authorized, that's not correct. It's not a use that's merely authorized under condition, it's a use that you do have complete discretion over, you have the ability to deny, you have the ability to approve and it's within the purview of the Council to make those determinations. It is not an out -right permitted use. Mayor Puckett: I was on the Planning Commission when the First Street Specific Plan was adopted and had I been on the Planning Commission when the carwash was approved, I would have voted against the carwash because I don't see that as an appropriate use for that area. I was contacted by Mr. Paquette, went out and looked at the project and my thought going in was that it was not an appropriate use. When I looked at the project I came away with not as strong of feelings that I might have had, but I still have to go back to the First Street Specific Plan and that was instituted for a reason. This is not, in my feeling, :ITY COUNCIL MINUTES 'age 5, 6-3-91 an appropriate use for First Street as the Plan states and so I would have to vote to uphold the Planning Commission as much as I hate to see the efforts of the applicant thwarted at this time. Councilmember Edgar: One of the things that I understood a little bit and I didn't see any amplification on it at all and I was looking for it, and that is that the proposition that the applicant presently has is that they can have a joint utilization with the carwash, and in particular to take one of the driveways off of First Street and to have a much larger driveway that would be jointly used by the carwash and their facility. On the surface, my feelings are that that very possibly might have an affect of mitigating some of the problems that we felt uncomfortable with when we approved the carwash and if that's true that would be an element that would significantly enhance the value of the project. The data that I've seen up to now doesn't really in a very sophisticated way address that, but I just have the feeling that it might, but again it might not, and so I would certainly want to see that issue explored because if we could make traffic on First Street better by having that type of a jointly used facility that would be a plus in favor of the applicant. If it isn't true and again I don't know the details that well, then of course that would be a negative factor. Councilmember Potts: You can look at the Times or the Register, I forget which paper today on the front page about businesses moving out of California, I hate to sound like a broken record but that's what's happening and that's what I've said in the past and that's what's ... I'm not just willing to dump this immediately. If it can't meet the standards, then dump it. But at least work and try to work with them one more time before it's dumped. Councilmember Prescott: I'd like to poll the Council whether or not there's a consensus of at least .three members up here to tentatively approve of the concept of automobile usage on that corner, and if so, how could we send it back to the Planning Commission and in which manner. Mayor Puckett: I would be opposed to automotive usage on that corner. Councilmember Potts: Under the circumstances, I would be in favor of it. Mayor Pro Tem Pontious: I would be opposed. Councilmember Edgar: I think that I'm going to support that; however, with the admonition that there are many technical things that need to be addressed and I would then be willing to support a use if these technical things, particularly in terms of traffic and parking, couldn't be mitigated. Because if we build a project that is doomed to degrade the community then I think we have to depend on our staff to be clever enough to make sure that we are informed of that, so I guess I'd be willing to support it, but with those conditions. Councilmember Prescott: I'd like to make a motion then that we deny Resolution No. 91-78 and send this project back to the Planning Commission with the caveats attached as we have just discussed and ask Chris Shingleton if there's anything else she would like me to add to that motion in terms of direction. Christine Shingleton: I think that's clear. Councilmember Potts: I'll second it. Mayor Puckett: Alright, it's been moved and seconded. Do you have any further discussion? All in favor signify by saying aye. otion carried 3-2, Puckett, Pontious opposed. Planning Commi__ion Minutes July 22, 1991 Page 6 to the center; and that he is in favor of the color d design of �64e proposal. Comm ioner Kasalek noted that she likes a proposal; that it ties the olors of the Market Place toget r. m' s'on une noted that he elt that something could be done with the mono 'ths, but tha a did not feel this was it. Commissioner Shaheen lik proposal. Commissioner Baker ag d that a monoliths need something, but was not sure this it. C mm'ss'o e asparian noted that the mo iths were very bare and huge, bu eeded something. om 'ss'o a Kasiparian moved. Shaheense co d d approve the amendment to Conditional Use Permit 88-15 by adopting Resolution No. 2924, as submitted. Motion carried 3-2 with Commissioners Le Jeune and Baker opposed. 5. Conditional Use Permit 91-10, Design Review 91-07 and Amendment to Conditional Use Permit 89-25 APPLICANTS: STEPHEN D. PAQUETTE HENRY KUMAGAI 10542 GREENBRIER ROAD 19021 CANYON DRIVE SANTA ANA, CA 92705 VILLA PARK, CA 92667 OWNERS: NORMAN FRITZ HENRY KUMAGAI 15734 NEWTON STREET 19021 CANYON DRIVE HACIENDA HEIGHTS, CA 91745 VILLA PARK, CA 92667 LOCATION: 135 SOUTH PROSPECT AVENUE & 240 EAST FIRST STREET ZONING: FIRST STREET SPECIFIC PLAN - COMMERCIAL AS A PRIMARY USE ENVIRONMENTAL STATUS: A NEGATIVE DECLARATION HAS BEEN PREPARED FOR THIS PROJECT PURSUANT TO THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT REQUEST: 1. APPROVAL OF VARIOUS DEVELOPMENT BONUSES PURSUANT TO THE REQUIREMENTS UNDER THE LOT CONSOLIDATION PROGRAM OF THE FIRST STREET SPECIFIC PLAN, 2. APPROVAL OF A 7% REDUCTION IN THE AMOUNT OF REQUIRED PARKING PURSUANT TO THE REQUIREMENTS UNDER THE CONSOLIDATED PARKING/ACCESS BONUS PROGRAM OF THE FIRST STREET SPECIFIC PLAN, AND 3. AUTHORIZATION TO ESTABLISH A TIRE SERVICE BUSINESS AT THE PROPERTY LOCATED AT 135 SOUTH PROSPECT AVENUE WITH RELATED SITE IMPROVEMENTS. Recommendation - Pleasure of the Commission. Presentation: Anne E. Bonner, Assistant Planner Staff addressed the applicants' request for clarification of Item 3.3 of Page 3 of Exhibit A of Resolution 2926 by noting that the applicant does not intend to do heavy line work; noted that only five (5) of the service bays would be used for service; that the trip generation was based on the number of service bays shown, but that the reduction was insignificant and that the traffic study did - not show a problem in this area. Planning Commission Minutes July 22, 1991 Page 7 Commissioner Le Jeune asked if there would be a lift in each of the working bays. Staff replied that there would be four (4) lifts and that the fifth bay would be used for balancing. The Director noted that Condition 3.4 would restrict bays 5 and 6 based upon a review of the parking layout; and that these two easterly bays would be for storage and balancing. Commissioner Le Jeune asked if each bay holds two cars. Staff replied that bays 1 through 4 could accommodate two (2) cars, but that while f ive ( 5) are being worked on, three ( 3 ) would be stacked or stored. Commissioner Shaheen asked if they would be working on more than tires and brakes and light service. Staff replied that they would not be doing heavy automotive repair .work, only general service, tune-ups, oil changes and tires. Commissioner Shaheen asked if there were eight (8) bays. Staff replied that there were eight (8) , but only five would be for servicing, and the rest for storage and stacking. Commissioner Shaheen noted that the area would be crowded and posed a fire hazard. Commissioner Kasalek asked how many employees were working at the adjacent building. Staff recommended asking the applicant. The Public Hearing was opened at 7:46 p.m. Stephen Pactuette, applicant, thanked staff; noted that the podiatrist only had one person in the office, and that the tax accountant had two employees three days per week. He also stated ,that the two east bays were for tire storage, wheel balancing and the brake drum lathe; that the building was built for bus servicing and storage and was forty (40) feet deep; that there would be five (5) hoists without center posts which would alleviate parking problems within the building. He continued with offering comparable data from other stores regarding trip generation; and noted that the :report suggested that the trip generation would be higher than it probably would be; that the building color would be changed to match the car wash and the office building. Commissioner Le Jeune asked if there had been a survey of the Goodyear facility on Red Hill Avenue. Mr. Pacruette replied that he knew the operator and that he believed that they work on 20-25 vehicles on Saturday, about 18 vehicles daily, and that they would now be open Sundays. Commissioner Kasparian asked how many bays that location had. Mr. Paquette replied that they now had six (6) bays and nine (9) hoists. Planning Commission Minutes July 22, 1991 Page 8 Commissioner Kasalek asked how many employees would be at the Tustin/First Street location. Mr. Paquette replied that they would have five (5) employees. Commissioner Le Jeune asked if the employees would be parking in the same lot. Mr. Paquette affirmed. Commissioner Kasalek asked how many customers leave their car for service during the day. Mr. Paquette replied that approximately 50% leave their cars for the day, and 50% remain with their vehicles. Commissioner Le Jeune noted that he recently counted 33 cars waiting at the Goodyear on Red Hill Avenue. Mr. Paquette replied that he felt that not all of the cars were waiting for service; that it would be almost impossible for them to work on 33 cars; that he .does not anticipate 33 cars at his proposed location, and it would be rare to get 30 cars per day. Steve Donnelly, Donnelly Bennett Architects, stated that they took a survey of three (3) Goodyear Stores and created a parking ratio of one (1) stall per 450-500 square feet that works well. - Greg Bennett, Donnelly Bennett Architects, stated that the project now needs no variances due to the lot consolidation; that Big O Tire Store had a peak generation of 102 trips; that the trip generation study for this building was based on a 32,000 square foot building in a retail automotive center; that the report states .that there will be no significant impact at the intersection; and that parking is not an issue. He continued with noting that there will be a single drive aisle on First Street; that additional landscaping will screen First Street; and that 3-2 the City Council felt that the car wash was an acceptable use for the site. The Public Hearing was closed at 8:04 p.m. Commissioner Shaheen stated that he felt that the size, shape and configuration of the plot plan was not adequate for this use; that it would be difficult for a fire vehicle to obtain access to the facility; that the traffic study recommends seventeen (17) spaces for the tire store, six (6) spaces for the medical building and three (3) for the office building, but there is only eighteen (18) spaces provided; that the parking would be crowded and might create a fire hazard; that traffic in the vicinity will be worsened; that. approval this evening would create problems in the future; and that he does not feel it belongs at this location. Commissioner Kasparian noted that of all of the -.examples presented by the applicant, not one noted that the facility was butted on one side by a car wash and the other by an office building which requires sharing of the parking and the driveway; that there is a bus stop on the corner which hampers traffic turning into the facilities; that this area is already crowded; that he feels they are trying to cram this into this location which indicates there is something wrong with the entire project; and that nowhere was the First Street Specific Plan mentioned; and that based on his belief in the Specific Plan, he does not believe this is the place for this facility. Planning Commiss.Ljn Minutes July 22, 1991 Page 9 Commissioner Kasalek agreed and stated that her position was that they are trying too hard to fit this facility into this location; and that this does not meet the intent of the Specific Plan. Commissioner Baker agreed. Commissioner Le Jeune felt that this is a use that is discouraged under the Specific Plan; that the office building is approximately 45-50 feet away from the tire store which will create a lot of noise and would be an inappropriate location. He continued that even though the City Council feels that consideration should be made regarding tax revenues, he does not feel that that should have any bearing on the project. He also noted that they did not approve of the car wash and that combining the applications would only compound the problems; that they are early into the years of the Specific Plan which should be implemented over a period of about 15-20 years; that another use will arise; that a Specific Plan has to be built by individual lots; and this project does not merit the Commission's approval. mmissioner Kasalek moved. Kasparian seconded to adopt Resolution No. 2926-D denying Conditional Use Permit 91-10. Motion carried 5- 0. Commissioner Le Jeune moved. Kasparian seconded to deny Design Review 91-07. Motion carried 5-0. Staff instructed to bring back a resolution of denial to ttie Commission on the Consent Calendar at the August 12 Planning Commission meeting. Commissioner Le Jeune moved. Shaheen secondSd to adopt Resolution No. 2928-D denying an amendment to Conditional Use Permit 89-25. Motion carried 5-0. OLD BUSINESS: NEW BUSINESS: STAFF CONCERNS: 6. Report on actions taken at July 15, 1991 City Council meeting Staff reported on the subject agenda. COMMISSION CONCERNS: Commissioner Shaheen -Expressed his enjoyment of attendance of the meetings with the other Commissioners and staff during his term. Commissioner Kasalek -Asked about the status of the street behind Peppertree homes. -Recommended that the meeting be adjourned in memory of Ed Shaheen's son who recently passed away. Commissioner Kasparian -Asked what the City's policy is on the installation of handicapped access ramps. 1 2 3 4 5 6 7 8 9 10 11 12 13 14I 15' 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2926-D A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, DENYING CONDITIONAL USE PERMIT 91-10 A REQUEST TO AUTHORIZE ESTABLISHMENT OF A TIRE SALES AND SERVICE BUSINESS LOCATED AT 135 SOUTH PROSPECT AVENUE The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application, Conditional Use Permit 91-10 has been filed on behalf of Steven Paquette to establish a tire sales and service business on the property located at 135 South Prospect Avenue B. That a public hearing was duly called, noticed and held on said application -on July 22, 1991. C. That establishment, maintenance, and operation of the use applied for will, 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 and will be injurious or detrimental to property and improvements in the area, evidenced by the following findings: 1. The subject site is inadequate in size, shape and configuration to accommodate the proposed tire service use with the existing office uses without creating major interface issues on-site and off- site based upon the following facts: a. The submitted plans show that while the proposed tire service use would operate in a separate building, the offices are maintained on the same parcel which is .42 acres in size; maintaining approximately a 45 -foot building separation which results in a constricted site for the two uses to function harmoniously. The negative impacts are compounded by the fact that the parking demand 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 Resolution No. 2926-D Page 2 study prepared for this project by the traffic consultant, KHR Associates, anticipates 17 parking spaces to be required for the tire service business alone. This would require the utilization of almost the entire central parking lot area maintained on the western portion of the site or result in parking overflow to adjacent properties or streets. b. The submitted plans indicate that the service bay doors are oriented towards the existing offices and based upon the type of noise generated, although in short duratidns, combined with the need to operate the tire service business with the service bay doors open, it is anticipated that the noise will be disruptive rather than conducive or complimentary to an office environment. 2. The proposed use will be detrimental to the properties and/or improvements in the area as the project does not meet the objectives of the First Street Specific Plan in that: a. The project site is located within what is identified in the First Street Specific Plan as Sub -Area 2 which encourages stimulation of retail commercial uses that specifically cater or serve the needs of pedestrian movement and use. The proposed auto service use does not function primarily as a use serving the needs of pedestrians as its primary activity will be to service vehicles; therefore, the primary use by pedestrians would be to leave a vehicle and proceed to walk elsewhere rather than linger or stroll on the site. Field observations of retail centers or uses indicate that most customers 1 2 3 4 5 6 7 8 9i 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 2926-D Page 3 use the site for a duration of time that would be significantly shorter than was observed of the customer using an auto service use. b. The project site has been identif ied in the Specific Plan as a potential "use change" site. This classification recognizes that there are buildings and/or uses on a particular parcel that are no longer viable and could, in some cases, be considered non -conforming. Although the subject building proposed to serve as the tire sales and service business was originally built. for garage/automotive uses, the intent of the Specific Plan was for this building and the automotive use originally associated with it to be replaced as continued or refurbished use of an automotive use at this location was considered inappropriate and obsolete. Consequently, approval of an automotive use at this location would be detrimental to future and present development within the Specific Plan area as it is a use that directly contradicts with the Specific Plan objectives, which indicated the need to remove or replace the building(s) on the site with a new use. C. The Specific Plan identified this site as a parcel that potentially could be combined with southerly adjacent parcels for potential "Use Expansion Opportunities." The Land Use Concept portion of the Specific Plan discusses the incentives available for use expansion areas when combined with those parcels maintaining a First Street frontage, thereby gaining development that is particularly responsive to the Specific Plan objectives. Consequently, approval of the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 �I 20 211 22 23 24 25 26 27 28 Resolution No. 2926-D Page 4 proposed use would inhibit the potential for this objective to ever be realized which results in a detriment to surrounding properties by thwarting the development opportunities that would satisfy the long-range goals of the Specific Plan. II. The Planning Commission hereby denies Conditional Use Permit 91-10 for the property located at 135 South Prospect Avenue. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 22nd day of July, 1991. ~�.................... w v DONALD LE JEUNE Chairman KATHLEEN CLANCY Recording Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, KATHLEEN CLANCY, the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 2926-D was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 22nd day of July, 1991. KATHLEEN CLANCY Recording Secretary AEB:nm 1 3 4 5 G 8 9 10 11 12 13 14 15 i 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2927-D A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING DENIAL TO THE REDEVELOPMENT AGENCY OF DESIGN REVIEW 91-07 FOR MINOR SITE IMPROVEMENTS INCLUDING CERTAIN LOT CONSOLIDATION BONUSES AND A .CONSOLIDATED PARKING/ACCESS BONUS PURSUANT TO THE FIRST STREET SPECIFIC PLAN FOR THE PROPERTIES LOCATED AT 135 SOUTH PROSPECT AVENUE AND 240 EAST FIRST STREET The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application, Design Review No. 91-07 was filed on behalf of Stephen Paquette requesting approval of minor site improvements, certain Lot Consolidation Bonuses and Consolidated Parking/Access Bonus in accordance with the First Street Specific Plan. B. That the application was discussed on July 22, 1991 and a resolution recommending denial was brought back as requested by the Commission on August 12, 1991. C. Pursuant to Section 9272 of the Tustin Municipal Code, findings must be made 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. 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. Size and spacing of windows, doors and other openings. 1 3 4 5 6 8 9 1(1 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 2927-D Page 2 6. Towers, chimneys, roof structures, flagpoles, radio and television antennae. 7. Landscaping, parking area design and traffic circulation. 8. Location, height and standards of exterior illumination. 9. Location and appearance of equipment located outside of an enclosed structure. 10. Location and method of refuse storage. 11. Physical relationship of proposed structures to existing structures in the neighborhood. 12. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. 13. Proposed signing. 14. Development Guidelines and criteria as adopted by the City Council. II. The Planning Commission hereby recommends denial to the Redevelopment Agency of Design Review 91-07 for minor site improvements, including certain lot consolidation bonuses and a consolidated parking/access bonus pursuant to the First Street Specific Plan for the properties located at 135 South Prospect Avenue and 240 East First Street as the following findings• cannot be made pursuant to City Code Section 9272: A. Setbacks and Site Planning - The project overall proposes awkward site planning and requires deviations in landscaping, parking area design and circulation that are not Justified by the visual improvements proposed and, therefore, does not meet the Development Guidelines and criteria as adopted by the First Street Specific Plan. 1 3 4 5 G 8 91, 10' 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 M Resolution No. 2927-D Page 3 B. Landscaping, Parking Area Design and Traffic Circulation - The project requires approval of development bonuses and the implementation of these would only compound problems associated with deficiencies in the amount of parking provided (28 spaces overall) compared with that required.(30 spaces overall). C. Physical Relationship of Proposed Structures - to Existing Structures in the Neighborhood - The existing structures at the property located at 135 South Prospect Avenue are located in such close proximity that the site is constricted and parking and on-site circulation problems would result. D. Development Guidelines and Criteria as Adopted by the City Council - The project would not result in -furthering many of the goals and objectives of the First Street Specific Plan. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting held on the 22nd day of July, 1991. .KATHLEEN CLANCY Recording Secretary 1 3 4 5 G 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24, 25 26 27 28 Resolution No. 2927-D Page 4 STATE OF CALIFORNIA ) COUNTY OF ORANGE ). CITY OF TUSTIN ) I, KATHLEEN CLANCY the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 2927-D was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 22nd day of July, 1991. *-TH6LEZEjNZgCLANCY Recording Secretar AEB:nm 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. 2928-D A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, DENYING AN AMENDMENT TO CONDITIONAL USE PERMIT 89-25, A REQUEST TO MODIFY THE CAR WASH SITE LOCATED AT 240 EAST FIRST STREET RELATED TO A RECIPROCAL ACCESS DRIVEWAY The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application to amend Conditional Use Permit 89-25 was filed on the behalf of Henry Kumagai for the property located at 240 East First Street. B. That a public hearing was duly called, noticed and held on said application on July 22, 1991. C. That establishment, maintenance, and operation of the. use applied for will, 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 and will be injurious or detrimental to property and improvements in the area, evidenced by the following findings: 1. There is a potential for on-site circulation conflicts related to cross- over access between the property at 240 East First Street and 135 South Prospect Avenue. 2. The proposal results in the loss of a perimeter wall and landscaping that would function as a buffer and a screen looking onto the car wash business from First Street creating an undesirable appearance along the First Street Specific Plan corridor. II. The Planning Commission hereby denies an Amendment to Conditional Use Permit 89-25 for the property located at 240 East First Street related to modifications to provide a reciprocal access driveway. l s i c E 1 11 1' 1' 1. 1� 1' lI 1' 1' 1' 21 2' 2' 2; 2. 2 2 2 2 Resolution No. 2928-D Page 2 PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 22nd day of July, 1991. KATHLEEN CLANCY (57 Recording Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY "OF TUSTIN ) I, KATHLEEN CLANCY, the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 2928-D was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 22nd day of July, 1991. 9f KATHLEEN CLANCY Recording Secretar July 24, 1991 Ms. Anne Bonner City of Tustin Planning Department 15222 Del Alm Avenue Tustin, CA 92680 RE: 91-10, DR 91-07 and C.U.P. 89-25 Dear Anne: we are hereby requesting an appeal for the above three mentioned cases. Also, we would at the same time request a fee waiver for the appeals. In addition, we are requesting a retroactive waiver of fees for C.U.P. 91-10 and DR 91-07. We expect this appeal to be heard on August 19, 1991 as per our phone conversation. We look forward to representing our case to the City Council. In addition we would like to have the signage issue brouht to the Council at the same meeting so that all related issues can be resolved at that time. Sincerely, D t� • L He K gai 1 2 3 4 5 6 7 8 9 loll 11 12 13 14I 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 91-109 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CERTIFYING THE FINAL NEGATIVE DECLARATION AS ADEQUATE FOR CONDITIONAL USE PERMIT 91-10, DESIGN REVIEW 91-07 AND AMENDMENT TO CONDITIONAL USE PERMIT 89-25 INCLUDING REQUIRED FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. The City Council of the City of Tustin does hereby resolve as follows: I. The City Council finds and determines as follows: A. The request to approve Conditional Use Permit 91-10, Design Review 91-07 and Amendment to Conditional Use Permit 89-25 is considered a "project" pursuant to the terms of the California Environmental Quality,Act. B. A Negative Declaration has been prepared for this project and has been established for public review. C. Whereby, the City Council of the City of Tustin has considered evidence presented by the Community Development and other interested parties with respect to the subject Negative Declaration. D. The City Council has 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 approving authority over Conditional Use Permit 91-10 and Amendment to Conditional Use Permit 89-25, has received and considered the information contained in the Negative Declaration prior to approving the proposed project and have found that it adequately discussed the environmental effects of the proposed project. On the basis of the initial study, the City Council has found that the project involves no potential for any adverse effect, either individually or cumulatively, on wildlife resources and therefore makes a De Minimis Impact Finding related to AB 3158, Chapter 1706, Statutes of 1990. In addition, there will not be a significant effect on the environment as mitigation measures have been incorporated into the project's approval which mitigate any potential significant environmental c f 11 l: 1' 1, 1� 1g 11 1' 1� 1! 21 2: 2' 2; 2, 2' 21 2' 2' Resolution No. 91-109 Page 2 effects. These mitigation measures are identified in Exhibit A attached to the Negative Declaration and initial study and are adopted as findings and conditions of Resolution Nos. 91-111 and 91-112, incorporated herein by reference. PASSED AND ADOPTED at a regular meeting of the Tustin City Council held on the 3rd day of September, 1991. Charles E. Puckett, Mayor Mary E. Wynn, City Clerk STATE OF CALIFORNIA ) . COUNTY OF ORANGE ) SS CITY OF TUSTIN ) CERTIFICATION FOR RESOLUTION NO. 91-109 MARY E. WYNN, City Clerk and ex -officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is 5; that the above and foregoing Resolution No. 91-109 was duly and regularly introduced, passed and adopted at a regular meeting of the City Council held on the 3rd day of September, 1991 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 11I 12 13 14 15! 16 17 18 19 20 21' 22 23 24 25 26 27 28 RESOLUTION NO. 91-110-A A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, UPHOLDING THE PLANNING COMMISSION'S DENIAL OF CONDITIONAL USE PERMIT 91-10, DESIGN REVIEW 91-07 AND AMENDMENT TO CONDITIONAL USE PERMIT 89-25 FOR THE PROPERTIES LOCATED AT 135 SOUTH PROSPECT AVENUE AND 240 EAST FIRST STREET IThe 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 were filed as follows: 1. Conditional Use Permit 91-10 on behalf of Stephen Paquette to establish a tire sales and service business on the property located at 135 South Prospect Avenue. 2. Design Review 91-07 on behalf of Stephen Paquette requesting approval of minor site improvements, certain Lot Consolidation Bonuses and Consolidated Parking/Access Bonus in accordance with the First Street Specific Plan. 3. Amendment to Conditional Use Permit 89-25 on behalf of Henry Kumagai for reciprocal driveway access on the property located at 240 East First Street. B. That a public hearing before the Planning Commission was duly noticed, called and held July 22, 1991 for the subject requests. That an appeal was filed by the co - applicants on July 24, 1991. That an appeal hearing was duly noticed, called and held September 3, 1991, by the City Council. C. Conditional Use Permit 91-10: That establishment, maintenance, and operation of the tire service business applied for will, 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 and will be injurious or detrimental to property and improvements in the area, evidenced by the following findings: 1. The subject site is inadequate in size, shape and configuration to accommodate the proposed tire service use with the existing office uses without creating major interface issues on-site and off- site based upon the following facts: 1 2 3 4 5 6 7 8 9 10 11 121 13 14' 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 91-110-A Page 2 a. The submitted plans show that while the proposed tire service use would operate in a separate building, the offices are maintained on the same parcel which is .42 acres in size; maintaining approximately a 45 -foot building separation which results in a constricted site for the two uses to function harmoniously. The negative impacts are compounded by the fact that the parking demand study prepared for this project by the traffic consultant, KHR Associates, anticipates 17 parking spaces to be required for the tire service business alone. This would require the utilization of almost the entire central parking lot area maintained on the western portion of the site or result in parking overflow to adjacent properties or streets. b. The submitted plans indicate that the service bay doors are oriented towards the existing offices and based upon the type of noise generated, although in short durations, combined with the need to operate the tire service business with the service bay doors open, it is anticipated that the noise will be disruptive rather than conducive or complimentary to an office environment. 2. The proposed tire service business will be detrimental to the properties and/or improvements in the area as the project does not meet the objectives of the First Street Specific Plan in that: a. The project site is located within what is identified in the First Street Specific Plan as Sub -Area 2 which encourages stimulation of retail commercial uses that specifically cater or serve the needs of pedestrian movement and use. The proposed auto service use does not function primarily as a use serving the needs of pedestrians as its primary activity will be to service vehicles; therefore, the primary use by pedestrians would be to leave a vehicle and proceed to walk elsewhere rather than linger or stroll on the site. Field observations of retail centers or uses indicate that most customers use the site for 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. 91-110-A Page 3 a duration of time that would be significantly shorter than was observed of the customer using an auto service use. b. The project site has been identified in the Specific Plan as a potential "use change" site. This classification recognizes that there are buildings and/or uses on a particular parcel that are no longer viable and could, in some cases, be considered non- conforming. Although the subject building proposed to serve as the tire sales and service business was originally built for garage/automotive uses, the intent of the Specific Plan was for this building and the automotive use originally associated with it to be replaced as continued or refurbished use of an automotive use at this location was considered inappropriate and obsolete. Consequently, approval of an automotive use at this location would be detrimental to future and present development within the Specific Plan area as it is a use that directly contradicts with the Specific Plan objectives, which indicated the need to remove or replace the building(s) on the site with a new use. C. The Specific Plan identified this site as a parcel that potentially could be combined with southerly adjacent parcels for potential "Use Expansion Opportunities." The Land Use Concept portion of the Specific Plan discusses the incentives available for use expansion areas when combined with those parcels maintaining a First Street frontage, thereby gaining development that is particularly responsive to the Specific Plan objectives. Consequently, approval of the proposed use would inhibit the potential for this objective to ever be realized which results in a detriment to surrounding properties by thwarting the development opportunities that would satisfy the long-range goals of the Specific Plan. D. Design Review 91-07: 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 2 3 4 5 6 71 81I 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 91-110-A Page 4 impair the orderly and harmonious development of the area, the present or future development therein evidenced by the following: 1. Setbacks and Site Planning - The project overall proposes awkward site planning and requires deviations in landscaping, parking area design and circulation that are not justified by the visual improvements proposed and, therefore, does not meet the Development Guidelines and criteria as adopted by the First Street Specific Plan. 2. Landscaping, Parking Area Design and Traffic Circulation - The project requires approval of development bonuses and the implementation of these would only compound problems -associated with deficiencies in the amount of parking provided (28 spaces overall) compared with that required (30 spaces overall). 3. Physical Relationship of Proposed Structures to Existing Structures in the Neighborhood - The existing structures at the property located at 135 South Prospect Avenue are located in such close proximity that the site is constricted and parking and on-site circulation problems would result. 4. Development Guidelines and Criteria as Adopted by the City Council - The project would not result in furthering many of the goals and objectives of the First Street Specific Plan. E. Amendment to CUP 89-25: That establishment, maintenance, and operation of the reciprocal driveway access for the car wash business will, 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 and will be injurious or detrimental to property and improvements in the area, evidenced by the following findings: 1. There is a potential for on-site circulation conflicts related to cross-over access between the property at 240 East First Street and 135 South Prospect Avenue. 1 2 3 4' 5 6 7 8 9 10 ]1 12 13 14 15 iG 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 91-110-A Page 5 2. The proposal results in the loss of a perimeter wall and landscaping that would function as a buffer and a screen looking onto the car wash business from First Street creating an undesirable appearance along the First Street Specific Plan corridor. II. The City Council hereby upholds the Planning Commission's denial of Conditional Use Permit 91-10, Design Review 91-07 and Amendment to Conditional Use Permit 89-25 for the properties located at 135 South Prospect Avenue and 240 East First Street PASSED AND ADOPTED by the City Council of the City of Tustin at a regular meeting held on the 3rd day of September, 1991. (Mary E. Wynn, City Clerk IAEB:nm Charles E. Puckett, Mayor 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. 91-110-B A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 91-10 AUTHORIZING THE ESTABLISHMENT OF A TIRE SALES AND SERVICE BUSINESS ON THE PROPERTY LOCATED AT 135 SOUTH PROSPECT AVENUE The City Council of the City of Tustin does hereby resolve as follows: I. The City Council finds and determines as follows: A. That a proper application, Conditional Use Permit 91-10, has been filed on behalf of Stephen Paquette'' to establish a tire sales and service business on the property located at 135 South Prospect Avenue B. That a public hearing before the Planning Commission was duly noticed, called and held July 22, 1991 for the subject requests. That an appeal was filed by the co -applicants on July 24, 1991. That an appeal hearing was duly noticed, called and held September 3, 1991, by the City Council. C. That 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 detrimental to the property and improvements in the neighborhood of the subject property, nor to the general welfare of the city of Tustin as evidenced by the following findings : 1. The improvements overall to the site propose upgrades which bring the project site into closer conformance with current codes and design standards providing a fresher appearance. 2. The proposal will reduce the disruption in traffic flow on First Street by providing one ingress/egress approach where two presently exist. 3. The use will provide a viable revenue source where presently none exists. 4. The proposal will not have a negative impact to existing traffic volumes. Resolution No. 110-B Page 2 D. A Negative Declaration has been prepared in accordance with the California Environmental Quality Act. II. The City Council hereby approves Conditional Use Permit No. 91-10 authorizing the establishment of a tire sales and service business at the property located at 135 South Prospect Avenue subject to the conditions contained in Exhibit A, attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin City! Council, held on the 3rd day of September, 1991. Charles E. Puckett, Mayor Mary E. Wynn, City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) CERTIFICATION FOR RESOLUTION NO. 91-110-B MARY E. WYNN, City Clerk and ex -officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is 5; that the above and foregoing Resolution No. 91-110-B was duly and regularly introduced, passed and adopted at a regular meeting of the City Council held on the 3rd day of September, 1991 by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: Mary E. Wynn, City Clerk EXHIBIT A CONDITIONAL USE PERMIT 91-10 CONDITIONS OF APPROVAL RESOLUTION NO. 91-110-B GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped September 3, 1991 on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development Department in accordance with this Exhibit. The Director of Community Development may also approve subsequent minor modifications to plans during plan check if such modifications are determined to be consistent with the concept plans and provisions of the First Street Specific Plan. (1) 1.2 Unless otherwise specified, all conditions contained in this Exhibit shall be complied with prior to the issuance of any building permits for the project, subject to review and approval by the Community Development Department. (1) 1.3 Conditional Use Permit approval is contingent upon approval of Design Review 91-07 by the Redevelopment Agency. (1) 1.4 Conditional Use Permit approval shall become null and void unless permits are issued within twelve (12) months of the date of this exhibit and substantial construction is underway. *** 1.5 Conditional Use Permit 91-10 approval is contingent upon approval of Amendment to Conditional Use Permit 89-25. (1) 1.6 The applicant shall sign and return an Agreement to Conditions Imposed form prior to issuance of any building permits. (1) 1.7 All conditions of approval for Design Review 91-07 contained in Exhibit A of Resolution No. 91-111 shall be complied with prior to issuance of permits. -------------------------------------------------------------- SOURCE CODES (1) STANDARD CONDITION (2) EIR MITIGATION (3) UNIFORM BUILDING CODE/S (4) DESIGN REVIEW *** EXCEPTION (5) SPECIFIC PLAN (6) RESPONSIBLE AGENCY REQUIREMENT (7) LANDSCAPING GUIDELINES (8) PC/CC POLICY Exhibit A Resolution No. 91-110-B Page 2 PLAN SUBMITTAL 2.1 At building plan check, the following items shall be submitted: (3) A. Construction plans, structural calculations, and Title 24 energy calculations, Requirements of the Uniform Building Codes, State Handicap and Energy Requirements shall be complied with as approved by the Building Official. (2) B. Preliminary technical detail and plans for all (3) utility installations including cable TV, telephone, gas, water and electricity. Additionally, a note on plans shall be included stating that no field changes shall be made without corrections submitted to and approved by the Building Official. (1) C. A separate 24" x 36" street improvement plan shall be prepared showing all proposed construction within the public right-of-way which shall include, but not be limited to, curb and gutter, sidewalks, drive aprons, undergrounding utility connections and construction of all missing or damaged public improvements adjacent to this development. (1) D. Prior to the issuance of any building permits (6) for combustible construction, evidence that a water supply for fire protection is available shall be submitted to and approved by the Fire Department. fire hydrants shall be in place and operational to meet the required fire flow prior to commencing construction with combustible materials. (1) E. All doors, locks and entryways, including air conditioning air ducts, shall be secured with locking devices in accordance with the Tustin Security Code. OPERATIONS *** 3.1 The operation of the tire service business shall at all times be in compliance with the City's exterior noise -- standard pursuant to Section 4100 et seq of the city Code which limits noise generation to a maximum of 60 dBa. - Exhibit A Resolution No. 91-110-B Page 3 *** 3.2 All servicing of vehicles must be performed within the service bays and all vehicles not being serviced must be parked in a designated parking space. *** 3.3 All servicing of vehicles shall be restricted to brake and/or tire repair/ replacement. The approval of this use permit for this property shall not constitute authorization for other automotive repair work, including heavy line or body work. *** 3.4 The approval of this use permit shall only authorize the bays 1 through 4 as service -bays and shall restrict bays 5 and 6 to tire balancing and storage. PARRINGICIRCULATION *** 4.1 A reciprocal parking and ingress/egress easement between 135 South Prospect Avenue and 240 East First Street shall be executed and recorded, subject to approval by the Community Development Department Director and the City Attorney prior to the issuance of any permits. (1) 4.2 Improvement plans for parking lot, landscaping modifications and driveway closure on the property to the west shall be prepared and submitted at the time of plan check. Said plans shall be prepared in accordance with the City's Parking Lot and Landscaping Development Standards with the exception of those development bonuses granted. (2) 4.3 Parking stalls 8, 9 and 10 shall be reserved for use by the medical office and stalls 15 and 16 for the other office uses. The design of such designation shall be included in submitted construction drawings for approval by the Community Development Department. (2) 4.4 "Fire-Lane/No Parking' designation shall be shown on the submitted construction drawings along the service bay frontage. Design shall be reviewed and approved by the Community Development department and Engineering Department. (2 ) 4.5 A "Right Turn Only" sign should be placed at the First Street driveway as approved by the City Engineer. (2 ) 4.6 Traf f is direction arrows should be painted onto the drive aisle surface at locations, as shown on Figure 2 of the Exhibit A Resolution No. 91-110-B Page 4 traffic consultant's report, and as approved by the City Engineer. (2) 4.7 The owner shall be required to prepare a comprehensive parking demand study anytime within the f irst three years from the approval of a building permit for the site alterations requested as part of Design Review 91-10, at the request and discretion of the Director of Community Development if it is determined that a parking problem exists on the site or the site exacerbates traffic or parking issues on adjacent streets. If said report indicates inadequate on-site parking, the owner at the discretion of the City shall provide additional mitigation to offset parking impacts by implementing one of the following alternatives, with the determination of the acceptable alternate subject to review and approval by the City. A. Secure off-site parking and execute a recordable parking agreement from adjacent property owners; B. Reduce the number of service bays in order to correspondingly reduce required parking for the use. FEES (1) 5.1 The applicant shall pay all applicable fees prior to the issuance of permits, including, but not limited to: A. Building Permit and Plan Check fees to the Community Development Department. B. Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of $25.00 (twenty-five dollars) pursuant to AB 3185, Chapter 1706, Statutes 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 the 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. -- Exhibit A Resolution No. 91-110-B Page 5 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) hours 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, Statutes of 1990. If this fee is imposed, the subject project shall not be operative, vested or final unless and until the fee is paid. AEB:nm 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. 91-111 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING APPROVAL TO THE REDEVELOPMENT AGENCY OF DESIGN REVIEW 91-07 FOR SITE IMPROVEMENTS AND APPROVING CERTAIN LOT CONSOLIDATION BONUSES AND A CONSOLIDATED PARKING/ACCESS BONUS PURSUANT TO THE FIRST STREET SPECIFIC PLAN FOR THE PROPERTIES LOCATED AT 135 SOUTH PROSPECT AVENUE AND 240 EAST FIRST STREET The City Council of the City of Tustin does hereby resolve as follows: I. The City Council finds and determines as follows: A. That a proper application, Design Review No. 91-07 was filed on behalf of Stephen Paquette requesting approval of minor site improvements, certain Lot Consolidation Bonuses and Consolidated Parking/Access Bonus in accordance with the First Street Specific Plan. B. That the application was discussed on July 22, 1991, before the Planning commission. That the coapplicants filed an appeal on July 24, 1991. That the application was discussed on September 3, 1991 before the City Council. C. 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, the occupancy as a whole. In making such findings, the Council has considered at least the following items: 1. Height, bulk and area of buildings. 2. Setbacks and site planning. 3. Exterior materials and colors. 4. Type and pitch of roofs. 5. Size and spacing of windows, doors and other openings. 1 2 3 4 5' 61 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 91-111 Page 2 6. Towers, chimneys, roof structures, flagpoles, radio and television antennae. 7. Landscaping, parking area design and traffic circulation. 8. Location, height and standards of exterior illumination. 9. Location and appearance of equipment located outside of an enclosed structure. 10. Location and method of refuse storage. 11. Physical relationship of proposed structures to existing structures in the neighborhood. 12. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. 13. Proposed signing. 14. Development Guidelines and criteria as adopted by the City Council. D. A Negative Declaration has been prepared in accordance with the California Environmental Quality Act. II. The City Council recommends approval to the Redevelopment Agency of Design Review 91-07 for site improvements, subject to the conditions in Exhibit A, attached hereto and incorporated herein by reference. III. The City Council approves subject to all conditions in Exhibit A attached hereto and incorporated herein by reference the following Lot Consolidation Bonuses and Consolidated Parking/Access Bonuses: 1. Reduction in the minimum width of a standard parking stall of one foot resulting in a standard space that measures 81x 201. This affects parking spaces 8, 9, 10 and 11 on the property located at 135 South Prospect Avenue. 1 2 3 4 5 6 7 8' 9 10I 11' 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 91-111 Page 3 2. The elimination of the requirement for continuous curbing to instead utilize wheel - stops. This affects all parking stalls on the western portion of the site at 135 South Prospect Avenue. 3. A reduction of between three feet and four feet in the required perimeter landscaping at various locations in the parking lot for the property located at 135 South Prospect. 4. Reduction of required on-site parking from 30 spaces to 28 spaces for the properties located at 135 South Prospect and 240 East First Street. This two parking space reduction will be taken on the property located at 135 South Prospect Avenue. PASSED AND ADOPTED by the City Council of the City of Tustin at a regular meeting held on the 3rd day of September, 1991. Mary E. Wynn, City Clerk Charles E. Puckett, Mayor EXHIBIT A DESIGN REVIEW 91-07 CONDITIONS OF APPROVAL RESOLUTION NO. 91-111 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped September 3, 1991 on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development Department in accordance with this Exhibit. The Director of Community Development may also approve subsequent minor modifications to plans during plan check if such modifications are determined to be consistent with the concept plans and provisions of the First Street Specific Plan. (1) 1.2 Unless otherwise specified and as applicable, all conditions contained in this Exhibit shall be complied with prior to the issuance of any building permits for the project, subject to review and approval by the Community Development Department. (1) 1.3 Design review approval shall become null and void unless building permits are issued within eighteen (18) months of the date of this Exhibit. (1) 1.4 Each applicant shall sign and return an Agreement to Conditions Imposed form prior to issuance of any building permits. *** 1.5 Design Review 91-07 shall become null and void unless Conditional Use Permit 91-10 and Amendment to Conditional Use Permit 89-25 related to this project are approved. (1) 1.6 Design Review 91-07 shall become null and void unless approved by the Redevelopment Agency. (1) 1.7 All conditions of approval for Amendment to Conditional Use Permit 89-25 contained in Exhibit A of Resolution No. 91-112 shall be complied with prior to issuance of permits. SOURCE CODES (1) STANDARD CONDITION (5) SPECIFIC PLAN (2) EIR MITIGATION (6) RESPONSIBLE AGENCY REQUIREMENT (3) UNIFORM BUILDING CODE/S (7) LANDSCAPING GUIDELINES (4) DESIGN REVIEW (8) PC/CC POLICY *** EXCEPTION Exhibit A Resolution No. 91-111 Page 2 (1) 1.8 All conditions of approval for Conditional Use Permit 91- 10 contained in Exhibit A of Resolution No. 91-110 shall be complied with prior to issuance of permits. BUILDING SITE AND CONDITIONS - 135 SOUTH PROSPECT AVENUE (4) 2.1 Pavement materials in the pedestrian areas shall be decorative in design consistent with the architectural treatment approved for the property located at 240 East First Street. Details of such treatment shall be subject to review and approval by the Community Development Department during review of the final working drawings. (4) 2.2 Parking lot lighting fixtures shall be decorative in design consistent with the architectural treatment. Details of such fixtures shall be subject to review and approval by the Community Development Department during review of the final working drawings. (4) 2.3 Final exterior colors and materials shall be subject to approval of Community Development Department and shall be coordinated to match those approved for the car wash at 240 East First Street. Details such as windows, doors and trims shall be consistent also for both the tire service business building and the existing office building. LANDSCAPING - 135 SOUTH PROSPECT AVENUE (1) 3.1 Submit at plan check complete detailed landscaping and (7) irrigation plans for all landscaping areas, consistent with adopted City of Tustin Landscaping and Irrigation Submittal Requirements. Provide a summary table applying indexing identification to plant materials in their actual location. The plan and table shall list botanical and common names, sizes, spacing, actual location details, soil preparation., staking, etc. 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 Department of Community Development may request minor substitutions of plant materials or request additional Exhibit A Resolution No. 91-111 Page 3 sizing or quantity materials during plan check. Note on landscaping plan that coverage of landscaping and irrigation materials is subject to field inspection at project completion by the Department of Community Development. (4) 3.2 Landscaped berms up to a maximum of 30" in height shall be incorporated into the landscaped area along First Street. AEB:nm 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. 91-112 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT 89-25 AUTHORIZING MODIFICATIONS TO THE CAR WASH SITE LOCATED AT 240 EAST FIRST STREET RELATED TO A RECIPROCAL ACCESS DRIVEWAY The City Council of the City of Tustin does hereby resolve as follows: I. The City Council finds and determines as follows: A. That a proper application to amend Conditional Use Permit 89-25 was filed on the behalf of Henry Kumagai for the property located at 240 East First Street. B. That a public hearing before the Planning Commission was duly noticed, called and held July 22, 1991 for the subject requests. That an appeal was filed by the co -applicants on July 24, 1991. That an appeal hearing was duly noticed, called and held September 3, 1991, by the City Council. C. That 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 detrimental to the property and improvements in the neighborhood of the subject property, nor to the general welfare of the city of Tustin as evidenced by the following findings: 1. The proposal will reduce the disruption in traffic flow on First Street by providing one ingress/egress approach where two presently exist. 2. The proposal will not have a negative impact to existing traffic volumes. D. A Negative Declaration has been prepared in accordance with the California Environmental Quality Act. II. The City Council hereby approves an Amendment to Conditional Use Permit 89-25 authorizing modifications to the car wash site located at 240 East First Street related to a reciprocal access driveway, subject to the conditions contained in Exhibit A, attached hereto. 1 21' 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21' 22 23 i 24 25' 26 27' 28' Resolution No. 91-112 Page 2 PASSED AND ADOPTED at a regular meeting of the Tustin Cityli Council, held on the 3rd day of September, 1991. Charles E. Puckett, Mayor Mary E. Wynn, City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) CERTIFICATION FOR RESOLUTION NO. 91-112 MARY E. WYNN, City Clerk and ex -officio Clerk of the City, Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is 5; that the above and foregoing' Resolution No. 91-112 was duly and regularly introduced, passed and adopted at a regular meeting of the City Council held on the 3rd day of September, 1991 by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: Mary E. Wynn, City Clerk - EXHIBIT A AMENDMENT TO CONDITIONAL USE PERMIT 89-25 CONDITIONS OF APPROVAL RESOLUTION NO. 91-112 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped September 3 , 1991 on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development Department in accordance with this Exhibit. The Director of Community Development may also approve subsequent minor modifications to plans during plan check if such modifications are determined to be consistent with the concept plans and provisions of the First Street Specific Plan. (1) 1.2 Unless otherwise specified, all conditions contained in this Exhibit shall be_ complied with prior to the issuance of any building permits for the project, subject to review and approval by the Community Development Department. (1) 1.3 Amendment to Conditional Use Permit approval is contingent upon approval of Design Review 91-07 by the Redevelopment Agency. (1) 1.4 Amendment to Conditional Use Permit approval shall become null and void unless permits are issued within twelve (12) months of the date of this exhibit and substantial construction is underway. *** 1.5 Amendment to Conditional Use Permit 89-25 approval is contingent upon approval of Conditional Use Permit 91-10. (1) 1.6 The applicant shall sign and return an Agreement to Conditions Imposed form prior to issuance of any building permits. (1) 1.7 All applicable conditions of approval of City Council Resolution No. 89-139 remain in full force and effect. -------------------------------------------------------------- SOURCE CODES (1) STANDARD CONDITION (5) SPECIFIC PLAN (2) EIR MITIGATION (6) RESPONSIBLE AGENCY REQUIREMENT (3) UNIFORM BUILDING CODE/S (7) LANDSCAPING GUIDELINES (4) DESIGN REVIEW (8) PC/CC POLICY *** EXCEPTION Exhibit A Resolution No. 91-112 Page 2 *** 1.8 Should the c related to improvements the property of occupancy installed on inspection. PLAN SUBMITTAL .r wash site complete construction entirely their site including required street and construction is not yet completed for at 135 South Prospect Avenue, a certificate may be issued subject to barricades being the shared property line verified by field 2.1 At building plan check, the following items shall be submitted: (3) A. Revised construction plans, structural calculations, and Title 24 energy calculations, Requirements of the Uniform Building Codes, State Handicap and Energy Requirements related to the reciprocal access drive area shall be complied with as approved by the Building Official. (1) B. A revised separate 24" x 36" street improvement plan for the reciprocal access drive area shall be prepared showing all proposed construction within the public right-of-way which shall include, but not be limited to, curb and gutter, sidewalks, drive aprons, undergrounding utility connections and construction of all missing or damaged public improvements adjacent to this development. PARKINGICIRCULATION *** 3.1 A reciprocal parking and ingress/egress easement between 135 South Prospect Avenue and 240 East First Street shall be executed and recorded, subject to approval of both Community Development Director and the City Attorney prior to the issuance of permits for the property at 240 East First Street for the revisions related to the reciprocal access drive. (1) 3.2 Improvement plans for parking lot, landscaping modifications and closure of the reciprocal access on the property to the west shall be prepared and submitted prior to the issuance of certificate of occupancy. Said plans shall be prepared in accordance with the City's Parking Lot and Landscaping Development Standards. - Exhibit A Resolution No. 91-112 Page 3 FEES (1) 4.1 The applicant shall pay all applicable fees prior to the issuance of permits, including, but not limited to: A. Building Permit and Plan Check fees to the Community Development Department. B. Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of $25.00 (twenty-five dollars) pursuant to AB 3185, Chapter 1706, Statutes 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 the 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) hours 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, Statutes of 1990. If this fee is imposed, the subject project shall not be operative, vested or final unless and until the fee is paid. AEB:nm ASE GUNY y�so ticrdrN�t �Y�►. fit.. �,..._._.__._.._,.. Moorpark, California 93021 7-. — LD (805) 523WO • FAX (805) 523-0�----.-. R Y AWZ 8� r 99f L) ! E S TRA TI 0 N August 26, 1991 City of Tustin Mayor Chuck Puckett and All Coucilmembers of the City of Tustin 15222 Del Amo Avenue Tustin, CA 92680 Honorable Mayor and Councilmembers: My name is Abe Guny, and I amthe owner of the post office located at 340 East 1st Street in Tustin. This is my second letter in protest to the Conditional Use Permit 91-10, Design Review 91-07 and Amendment to Conditional Use Permit 89-25, by co -applicants, Mr. Stephen Paquette and Mr. Henry Kumagai. I strongly appose the above project. It will not contribute to the area to upgrade itself. I think subject usage should all be in one area. Also, I think that it is environmentally not suitable for this location and we already have a parking problem with the post office. This project will increase the traffic and I do not think they have enough parking and will end up using the post office lot. There will be a lot of unhappy citizens not be able to park in the post office lot. Please do deny their application. If I can assist in any way please do not hesitate to call me at (805) 523-0890. Thank you for your consideration in this matter. You s truly, Abe Gun 6 AG: j s 0 } 2 81991 t 3 August 27, 1991 City of Tustin 15222 Del Amo Tustin, California 92680 Attention: Members of City Council RE: Appeal of Conditional.use permit 91-10, Design review 91-07 and amendment to Conditional use permit 89-25. We again wish to express our objection to the approval of the subject conditional use permit, amendments, etc. and hereby restate our position. We are the owners of the Big O Tire Store, located at 131 East First Street, Tustin. We do not operate the tire business, but as owners, we lease the land and improvements to Big O Tire Company. We do not object to the competition of additional tire stores within the trade area of our location. Free enterprise is healthy. However, in regard to the above referenced appeal, we believe all development should conform to city standards without exception, unless there is a just cause. Thank you for your consideration in this matter. Very truly yours, , Alice D. Pieper Iris E. Schroeder, Owners 13122 Laurinda Way Santa Ana, California 92705 714-633-0844