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HomeMy WebLinkAboutPH 2 Z.C. 90-01 12-03-90DATE: TO: FROM: SUBJECT: DECEMBER 31 1990 WILLIAM A. HUSTON, CITY MANAGER COMMUNITY DEVELOPMENT DEPARTMENT PUBLIC HEARING,'NO. 2 12-3-90 Inter - Com RECONSIDERATION OF ZONE CHANGE 90-01 AND APPEAL OF CONDITION NO. 8.9 OF EXHIBIT A OF PLANNING COMMISSION RESOLUTION NO. 2816 RECOMMENDATION Pleasure of Council. BACKGROUND At a regular meeting on September 17, 1990, the Tustin City Council denied without prejudice Zone Change 90-01.by adopting Resolution No. 90-121. See Attachment B. The request was to rezone a .68 - acre site located at 1501 Nisson Road, east of Red Hill Avenue, to allow the construction of a car wash. The property is currently zoned C-1 (Retail Commercial) District. The proposed change in zoning is to the C -G (Commercial General) District, which allows car wash facilities subject to the approval of a Conditional Use Permit. See Attachment A. On August 13, 1990 the Planning Commission approved Conditional Use Permit (CUP) 90-03 to allow a car wash on the site, contingent to the approval of Zone Change 90-01 by the City Council. One condition of approval, Condition No. 8.9 of Exhibit A of Planning Commission Resolution No. 2816, required that an existing billboard along the west property line be removed in conjunction with the construction of the car wash. See Attachment C. The applicant appealed that condition to the City Council. However, the City Council denial of the zone change caused the CUP to be technically null and void, and the appeal to be tabled. The City Council is now initiating a reconsideration of the zone change proposal. If the change in zoning is approved by the Council, the CUP will be automatically reinstated and the appeal of Condition No. 8.9 can also be reconsidered. A public hearing notice denoting the proposals, location, and time of the hearing was published in the Tustin News and posted at the subject property, Police Department and City Hall. In addition, property owners within 300 feet of the subject property were notified of the hearing by mail pursuant to state law. The City Council Report Zone Change 90-01 Reconsideration December 3, 1990 Page 2 applicant was forwarded a copy of the meeting's agenda and staff report for this item. ANALYSIS OF PROPOSED ZONE CHANGE Both the Planning Commission and Community Development Department staff have evaluated the issues related to the Zone Change. These issues have been identified as zoning patterns, compatibility of surrounding uses, traffic, and General Plan conformity. A detailed discussion of each follows: Zoning Patterns - Most properties in the City of Tustin, adjacent to the Santa Ana Freeway, have a commercial, professional or industrial zoning designation. In reviewing existing zoning patterns in the city, staff found one example of the zoning pattern that would be created by the proposed zone change (a C -G District adjacent to a C-1 District) located at the southeast corner of El Camino Real and Newport Avenue. However, the setting is significantly different from that of the proposal. The site along E1 Camino is grouped around other commercial districts, and no residential districts are located off El Camino Real or' in the immediate area. The site and adjacent properties have primarily commercial zoning designations. Properties adjacent to the site of the proposed zone change are primarily zoned residential. Directly across Nisson Road, opposite the project site, are large areas zoned for multi -family residential uses and developed with apartment houses. Just east of the project site is a mobilehome park district developed with a medium-sized mobile home park. Compatibility of Surrounding Uses - The zoning in the vicinity the site is identified in Attachment A. To the west of the property is the AutoMate car leasing and service station which is zoned C-1. There are no zoned uses on the east side of the subject property as Nisson Road curves to run adjacent to the Santa Ana (I-5) freeway. Across Nisson Road to the south is an existing multi -family residential project which is zoned R-3 (Multi -Family Residential). The C-1 District is the City's least intense commercial zone. A review of the City's zoning map shows that C-1 Districts are generally situated around single-family and multi -family districts throughout the City. That district is not, however, free from intense commercial uses. It simply allows fewer uses than other Community Development Department City Council Zone Change December 31 Page 3 Report 90-01 Reconsideration 1990 commercial districts. Additionally, more intense uses are appropriately required to obtain a Conditional Use Permit prior to locating or developing in the zone. In contrast, the C -G District permits all uses allowed in the C-1 and C-2 (Central Commercial) Districts, making it one of the most intense commercial zones in the City. The C -G District is usually located along major thoroughfares such as Newport Avenue, and sparingly located along the Santa Ana Freeway. The district does allow for uses which could significantly benefit from the freeway exposure provided by the Nisson property. Further, development standards for the district require a 10 -foot side yard setback which will buffer allowable commercial uses from nearby sensitive ones. Traffic - As discussed previously, C -G Districts are usually located along major thoroughfares or arterial highways. This is due to the intensity of commercial services that are allowed and the additional vehicle trips (the number of cars leaving and accessing the site) which are usually associated with such uses. C -G Districts are not typically located off local collectors because the major function of such streets is to distribute traffic to residential communities, not to serve commercial sites. The traffic report prepared for Conditional Use permit 90-3, allowing the proposed car wash, analyzes the traffic impacts of uses permitted in the C -G District on the area. The report indicates that the level of service (LOS- a standard measure of traffic conditions of a street or intersection with "A" being best and "F" being worst) on Nisson Road will drop from "B" to "C" as a result of the car wash development and traffic would increase by 17% percent. However, the report concluded that this drop in the LOS will occur with most any type of commercial development on the site. According to the traffic report, the carwash would produce 1296 trips per day; an average commercial development on the same site (not including a service station) would produce 365 trips per day. That is 931 trips less than the proposed car wash. Based on information contained in the report, it could be concluded that the proposed zone change will increase vehicular traffic in the existing residential area and on the local collector street. General Plan- The City's General Plan Land Use Designation for the subject site is commercial. The City's Land Use Element of the General Plan includes a number of goals, objectives and L- Community Development Department City Council Zone Change December 31 Page 4 Report 90-01 Reconsideration 1990 implementation measures. The most relevant of all of the goals is to promote an economically -balanced community with complimentary and buffered land uses. Development standards for the C -G District include a number of safeguards which could help buffer the site from adjacent residential areas. These include a required 10 -foot sideyard setback and a provision requiring more intense uses to obtain approval of a Conditional Use Permit from the Planning Commission, whereby certain findings would be required to be made. There are, however, a number of intense uses which do not require approval of a Conditional Use Permit and are outright permitted uses in the C -G District. CONCLUSIONZSUMMARY Based upon analysis presented in the staff report, the proposed zone change could be approved for the following reasons: 1. The project is situated adjacent to the freeway in which commercial land uses, including those allowed in the proposed C -G District, are currently located; 2. The C -G District allows a wider range of uses which would benefit from the freeway exposure offered by the site; 3. Built-in review mechanisms established by the zoning code will ensure appropriate review of more intense uses by requiring a Conditional Use Permit; and 4. The zone change is consistent with the General Plan in that it will provide for greater setbacks which will serve as an appropriate buffer from adjacent residential land uses. Also based upon analysis presented in the staff report, the proposed zone change could be denied for the following reasons: 1. The C -G District is not appropriate for the site when considering the predominate multi -family character of the surrounding area; L_ Community Development Department City Council Zone Change December 3, Page 5 Report 90-01 Reconsideration 1990 2. Rezoning the site to the C -G District will not provide for the logical transition between multi -family and commercial zoning districts. 3. The zone change will encourage more vehicular activity in a primarily residential area, and on a local collector street not designed to accommodate intense commercial activity; and 4. The project is inconsistent with the goals of the General Plan which require appropriate land use buffers from sensitive uses; In reviewing the proposed zone change, two alternative actions are available to the City Council as follows: A. In the event that Council wishes to deny Zone Change 90- 01, staff recommends the adoption of Resolution No. 90- 149 without prejudice. (This action would automatically void Conditional Use Permit 90-3 to authorize a car wash on the site and table appeal of Condition No. 8.9 of CUP 90-3 related to removal of the billboard, previously approved by the Planning Commission); or B. In the event that Council wishes to approve Zone Change 90-01, staff recommends: 1) adoption of Resolution No. 90-150 approving the Environmental Determination of the project; 2) holding first reading, by title only, and waiving further readings of Ordinance No. 1055 approving Zone Change 90-01; and 3) adoption of either Resolution No. 90-151 or No. 90- 152. Resolution No. 90-151 denies the appeal of Condition No. 8.9 of Planning Commission Resolution No. 2816, thereby upholding the Planning Commission decision to require removal of the billboard; Community Development Department City Council Report Zone Change 90-01 Reconsideration December 3, 1990 Page 6 Resolution No. 90-152 approves the appeal of that condition and allows the billboard to be retained. P ula Ra in Associate Planner PR:CAS:kbc\zc90-Ol.pr V Christine A. Sh ngleton Director of Community Development Community Development Department nT ., LL k1_41%G t444 4,5 I l 1! 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P& 1 R4 I JHq,yC� /•-Qy�•a PO �) lm IC -3 Llr_— W =o I R 1 y 0= �� !a' J W PC J f r-y 'yl ~ ,RES TR r., 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 FILE COPY RESOLUTION NO. 90-121 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DENYING ZONE CHANGE 90- 01, A REQUEST TO REZONE PROPERTY LOCATED AT 1501 NISSON ROAD FROM C-1 (RETAIL COMMERCIAL) TO C -G (COMMERCIAL GENERAL) 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 has been filed on behalf of Eugene Tutt of Tustin Auto Spa for the purpose of rezoning a .68 acre parcel situated at 1501 Nisson Road from C-1 (Retail Commercial) to C -G (Commercial General) and described as Assessor's Parcel 432-402-02. B. That a public hearing before the City Council to consider Zone Change 90-01 was duly called, noticed and held on September 17, 1990. C. This Zone Change has been reviewed in accordance with the California Environmental Quality Act. It has been determined that this project will not have a significant effect on the environment and a Negative Declaration has been prepared. D. The proposed zoning is inconsistent with the General Plan in that the intense nature of the C -G district is not appropriate in light of the predominate multi -family character of the surrounding area; and that the zone change does not provide the appropriate land use buffer from sensitive uses. E. The proposed zoning is not in the best interest of the public health, safety and welfare and would not be compatible with the existing adjacent residential uses in that the C -G district does not provide for the logical transition between multi -family and commercial uses; and that the zone change would encourage more vehicular activity on primarily residential area and on a local collector which is not designed to accommodate more intense commercial activity. II. The City Council hereby denies Zone Change 90-01. A proposal to rezone property located 1501 Nisson Road from C-1 (Retail Commercial) to C -G ATTACHMENT B 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. 90-121 Page 2 (Commercial General) as shown on Exhibit A of this resolution without predudice which would allow the applicant to reapply in the future without a one (1) year wait. PASSED AND ADOPTED at a regular meeting of the Tustin City Council held on the 17th day of September, 1990. MARY WYNN City Cler RICHARD EDGAR Mayor FU1 -- :OR i.CONTINU X Woe A' -.KO f /'/,r Z' 371.07 -' ll�!,\ 1� Z'4 qz�'- D(5`9�" VHI k -31,6.0,6 =-FF k -n to fo 4t A c c jr- 7 CO co IrIl m -Z Eli UDI C- T�-V L <:�tl To C--1 C -T 6BI L E-fPtF5IT ",& -h lo T.. 7ZO w J Cam It" UDI C- T�-V L <:�tl To C--1 C -T 6BI L E-fPtF5IT ",& STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN RESOLUTION NO. 90-121 City of Tustin RESOLUTION CERTIFICATION SS MARY E. WYNN, City Clerk and ex -officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 90-121 was duly and regularly introduced, passed and adopted at a regular meeting of the City Council held on the 17th day of September, 1990 by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: Edgar, Puckett, Prescott None None Pontious, Potts 4. Mary E. Wyn City C11rk 1 3 4 5 6 8 J 10 11 12 13 14 15 16 17 18I 1� 20 21 22 23 24 25 26 T 21 17 P I ILLr RESOLUTION NO. 2816 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 90-3 AUTHORIZING A 71763 SQUARE FOOT HAND CAR WASH BUILDING AND DETAIL ESTABLISHMENT AT 1501 NISSON ROAD. The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application, (Use Permit No. 90- 3) has been filed on behalf of Eugene F. Tutt of Tustin Auto Spa to authorize establishment of a 7,763 square foot hand car wash building on the property located at 1501 Nisson Road and described as Assessor's Parcel No. 432- 402-02. B. That a public hearing was duly called, noticed and held on said application on August 13, 1990. 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, evidenced by the following findings: 1. The use applied for is a conditionally permitted use within the C -G (Commercial General) District; an application for a zone change to C -G from C-1 (Retail Commercial) has been recommended for approval and forwarded to the City Council by the Planning Commission, and if the subject zone change request is not approved by the City Council, then this Conditional Use Permit approval would be null and void. 2. The use applied for is consistent with the Commercial Land Use Designation of the City's General Plan. 3. As conditioned, the use will not pose a threat to surrounding uses as the peak hours of operation are between 11:30 a.m. and 2:00 p.m. and therefore will not interfere with peak a.m. and peak p.m. ATTACHMENT C 1 3 4 5''. G i 8 J 1 �) 11 12 13 14 1� 16' 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 2816 Page 2 traffic into and out of the adjacent residential development; property development plans identify berming and landscaping to reduce visual impact; and all associated traffic impacts will be mitigated. D. That the establishment, maintenance, and operation of the use applied for will not be injurious or detrimental to the property and improvements in the neighborhood of the subject property, nor to the general welfare of the City of Tustin as the property will be developed in accordance with applicable development standards; improvements to the existing street system will be required to mitigate traffic impacts; and that the adjacent properties will benefit from the development of the car wash in their vicinity in the form of expanded available services. E. A Negative Declaration has been prepared in accordance with the California Environmental Quality Act. II. The Planning Commission hereby approves Conditional Use Permit No. 90-3 to authorize establishment of a 7,763 square foot hand car wash building and detail establishment, subject to the conditions contained in Exhibit A attached hereto and incorporated herein by reference. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 13th day of August, 1990. 41A KATHLEEN FITZPAOICK Secretary (1) RESOLUTION 2816 EXHIBIT A CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 90-3 CAR WASH - 1501 NISSON ROAD GENERAL 1.1 The proposed project shall substantially conform with the submitted site plans for the project date stamped August 13, 1990 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. (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 Use Permit approval shall become null and void if Zone Change 90-1 is not approved by the City Council and shall also become null and void unless all necessary building permits are issued within twelve months of the date on this exhibit and substantial construction is underway. Time extensions may be granted by the Planning Commission if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.4 The applicants and property owners shall sign and return an Agreement to Conditions Imposed form prior to the issuance of any building permits and or business license. *** 1.5 The property owner shall cause a11 comprehensive parking demand y prepared, stud to beat the request and discretion of the Community Development Department or Public Works Department if it is determined that a traffic or parking problem exists on the site or one results from said use on the adjacent right-of-way. If said report indicates inadequate parking or circulation, the owner at the discretion of the City shall provide additional mitigation to offset impacts by implementing one or more of the following alternatives, with the determination of the acceptable alternative subject to SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Exhibit A Resolution No. 2816 Page 2 review and approval by Community Development and Public Works staff: A. Restrictions on the hours of operation. B. Implementation of a rideshare program to reduce on- site parking need. C. Leasing or acquisition of off-site parking for employees. D. Limitation on the number of customers/cars allowed on site. E. Other mitigation measures found acceptable by the Community Development Department and Public Works Department. PLAN SUBMITTAL 2.1 At building plan check, submit three sets of construction level plans as follows: (3) A. Construction and grading plans, structural calculations for structures, buildings and tank installation and a soils report shall be submitted. All plans and calculations shall have wet signature of a licensed engineer. Requirements of the Uniform Building Code, Uniform Fire Code, National Electrical Code, South Coast Air Quality Management District, Orange County Health Care Agency, and Orange County Sanitation District shall be met. B. A grading plan with specifications consistent with the City of Tustin Grading Manual and ordinance and prepared by a California Civil Engineer will be required and should be based on the Orange County Surveyor's Bench Mark Datum. Said plan shall be consistent with the site plan and landscaping plan and identify a dust control plan. (3) C. Provide preliminary technical detail and plans for all utility installations. Additionally, a note shall be placed on plans stating that no field -- changes shall be made without said changes first requiring review and approved by the Community Exhibit A Resolution No. 2816 Page 3 Development Department. D. A precise soil engineering report provided by a soils engineer within the previous twelve (12) months from the date of plan check submittal. 6) 2.2 Information, plans and/or specifications to ensure satisfaction of all Public Works Department requirements including but not limited to: A. A separate 24" x 36" street improvement plan will be required showing all required public improvements to be constructed adjacent to this development, which would include but not be limited to the following: 1. Curb and gutter 2. Sidewalk 3. Drive aprons 4. Street lights 5. Street trees 6. Street paving 7. Domestic water service 8. Sanitary sewer service 9. Underground utility connections (Edison, telephone, gas and cable TV) B. The applicant shall submit a striping plan prepared by a California licensed Civil/Traffic engineer. The striping shall include that portion of Nisson Road from Red Hill to about 300 feet east of the project's east property line. Final striping shall show provisions for protected left turns and parking removed from both sides'"' of Nisson Road. This plan is subject to approval by the City Traffic Engineer. C. The applicant shall provide a cash deposit or bond in the amount of $9,700.00 for participation in the upgrade of the traffic signal at Red Hill Avenue and Nisson Road based upon the traffic levels generated by the project and identified in the traffic impact analysis by KHR Associates. D. Crossgutter construction on Nisson Road may be eliminated by constructing the curb and gutter on Exhibit A Resolution No. 2816 Page 4 the northerly side of Nisson Road to drain easterly and join the northerly curb under construction by Cal Trans with the relocation of Nisson Road. Developer shall coordinate all street design with Cal Trans. (6) 2.3 Information, plans and/or specifications to ensure satisfaction of all Fire Department requirements including fire flow and installation, and compliance with all requirements pertaining to construction. NOISE (1) 3.1 All construction operations including engine warm up (2) shall be subject to the provisions of the City of Tustin Noise Ordinance and shall take place only during the hours of 7:00 a. m. until 6:00 p.m.,, Monday through Friday or other times that the Building Official determines will be in substantial conformance with the Noise Ordinance and the public health and safety will not be impaired subject to application being made at the time the permit for the work is awarded or during progress of the All requirements of the City's Noise ordinance theMinic terms of operation of the car wash (Chapter 6 pal Code) shall be met at all times which in part requires noise levels not to exceed 60 dba at any time. PARKING/CIRCULATION (1) 4.1 All vehicles that are not in the process of being washed (4) shall be parked within a designated parking space. (1) 4.2 All vehicles once dried and -f inishedith e ash (4) process must exit the site or be parked cdesignated parking space. (1) 4.3 A total of 10 marked parking spaces shall be permanently (4) maintained on the site. (1) 4.4 No outdoor storage of any kind shall be permitted on the site or in designated parking spaces. (1) 4.5 No cleaning or detailing activities shall be conducted (4) within designated parking spaces. Exhibit A Resolution No. 2816 Page 5 WATER (2) 5.1 A waste water system shall be provided to reduce (6) chemicals, grit, and sludge draining into the public sewers from the wash tunnel drainage. (2) 5.2 All surface drainage areas shall be connected directly to (6) the public sewer or storm drain system, whichever is applicable subject to approval of the Sanitation District. (2) 5.3 A drainage grate shall be provided across the (6) entrance/exit approach to ensure all water is collected on site and no water drains across the public sidewalk. (2) 5.4 The applicant shall utilize a water reclamation system as (6) set forth in the proposal and approved by the Building and Safety Division in compliance with applicable Codes. DETAILING *** 6.1 The detailing establishment proposed by this development shall maintain the following hours: Winter hours (November - April) Monday - Saturday 8:00 a.m. to 5:00 p.m. Sunday 9:00 a.m. to 4:00 p.m. Summer hours (May - October) Monday - Saturday 8:00 a.m. to 6:00 p.m. Sunday 9:00 a.m. to 5:00 p.m. 6.2 The doors to the detail shop shall remain closed when not in use. LANDSCAPING (1) 7.1 Submit at plan check complete detailed landscaping and irrigation plans for all landscaping areas, consistent with adopted City of Tustin Landscaping and Irrigation Submittal Requirements. Provide summary table identifying plant materials. Landscaping plans must be approved prior to issuance of any building permits. The plant table shall list botanical and common names, sizes, spacing, location and quantity of the plant materials proposed. Show planting and berming details, soil Exhibit A Resolution No. 2816 Page 6 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 sizing or quantity materials during plan check. Note on landscaping plan that coverage of landscaping and irrigation materials is subject to field inspection at project completion by the Department of Community Development. 7.2 Landscaped berms shall be utilized along Nisson Road. Berms shall be a minimum height of 30" to a maximum height of 42". BUILDING/SITE (1) 8.1 A complete, detailed project sign program including (4) design, location, sizes, colors, and materials shall be submitted for review and approval by the Department of Community Development. The sign program shall include temporary and permanent project identification, addressing and street signs. Address signs shall be automatically illuminated. (4 ) 8.2 The trash enclosure shall be relocated out of the 10 foot front setback. The trash enclosures shall be installed with solid metal, self-closing, self -latching gates and shall be constructed of a solid masonry wall at a maximum of 6' 8" height. The design shall comply with Great Western Reclamation standards. (4) 8.3 Both the trash enclosure and the proposed walls shall be stuccoed and color coated to match the building. Size should accommodate recycling. (4 ) 8.4 All exterior colors to be used shall be subject to review and approval of the Director of the Community Development Department. All exterior treatments shall be coordinated with regard to color, materials and detailing and noted on submitted construction plans and elevations shall indicate all colors and materials to be used. Exhibit A Resolution No. 2816 Page 7 (4) 8.5 Please provide exact details on doors, window types and mullion types. Show all downspouts and gutters. (1) 8.6 Note on final plans that a six -foot -high chain linked fence shall be installed around the site prior to building construction stages. Gated entrances shall be permitted along the perimeter of the site for construction vehicles. (1) 8.7 All mechanical and electrical fixtures and equipment (4) shall be adequately and decoratively screened. The screen shall be considered as an element of the over-all design of the project and shall blend with .the architectural design of buildings. All telephone and electrical boxes shall be indicated on the building plans and shall be completely screened. Electrical transformers shall be located toward the interior of the project maintaining a sufficient distance to minimize visual impacts. AC units shall be screened from view by architectural features where visible from the loop road or auto courts. (1) 8.8 Exterior elevations of the buildings shall indicate any (4) fixtures or equipment to be located on the roof or elevations of the building. All parapets shall be at least 6" above rooftop equipment for purposes of screening. *** 8.9 The existing billboard along the west property line shall be removed. (1) 8.10 All utilities to site shall be provided underground. (1) 8.11 Indicate lighting scheme for project, note locations of (4) all exterior lights and types of fixtures. No lights shall be permitted which may create any glare or have a negative impact on the residential properties. The location and types of lighting shall be subject to the approval of the Director of Community Development. FEES (6) 9.1 Prior to the issuance of any building permits, payment (1) shall be made of all required fees including: Exhibit A Resolution No. 2816 Page 8 A. Major thoroughfare and bridge fees to Tustin Public Works Department. B. Orange County Sanitation District No. 7 fees to the Sanitation District. C. East Orange County Water District Fees to the Water District. D. All applicable plan check and building permit fees to the Community Development Department. E. School Facilities Fees to the Tustin Unified School District. F. Upgrade signalization fees set forth in Condition 2.2 F. STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN I, KATHLEEN FITZPATRICK, the undersigned,hereby crtify of thehat I am C City of the Recording Secretary of the Planning Commission Tustin, California; that Resolution No. 2816 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 13th day of August, 1990. - r KA HLEEN FITZPA CK Recording Secretary 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. 90-149 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DENYING ZONE CHANGE 90- 01, A REQUEST TO REZONE PROPERTY LOCATED AT 1501 NISSON ROAD FROM C-1 (RETAIL COMMERCIAL) TO C -G (COMMERCIAL GENERAL) 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 has been filed on behalf of Eugene Tutt of Tustin Auto Spa for the purpose of rezoning a .68 acre parcel situated at 1501 Nisson Road from C-1 (Retail Commercial) to C -G (Commercial General) and described as Assessor's Parcel 432-402-02. B. That a public hearing before the City Council to consider Zone Change 90-01 was duly called, noticed and held on September 17, 1990 and again on December 3, 1990. C. This Zone Change has been reviewed in accordance with the California Environmental Quality Act. It has been determined that this project will not have a significant effect on the environment and a Negative Declaration has been prepared. D. The proposed zoning is inconsistent with the General Plan in that the intense commercial land uses allowed in the C -G District are not appropriate for the site in light of the predominate multi -family character of the surrounding area; and that the zone change does not provide the appropriate land use buffer from such sensitive uses. E. The proposed zoning is not in the best interest of the public health, safety and welfare and would not be compatible with the existing adjacent residential uses in that the C -G District does not provide for a logical transition between multi -family and commercial uses; and that the zone change would encourage more vehicular activity within the primarily residential area and on a local collector street which is not designed to accommodate vehicular traffic caused by intense commercial activity. 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. 90-149 Page 2 II. The City Council hereby denies Zone Change 90-01, a proposal to rezone property located 1501 Nisson Road from C-1 (Retail Commercial) to C -G (Commercial General) as shown on Exhibit A of this resolution without prejudice. PASSED AND ADOPTED at a regular meeting of the Tustin City Council held on the 3rd day of December, 1990. RICHARD B. EDGAR Mayor MARY WYNN City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) CERTIFICATION FOR RESOLUTION NO. 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 ; that the above and foregoing Resolution No. was duly and regularly introduced, passed and adopted at a regular meeting of the City Council held on the day of 01 1990, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: Mary E. Wynn, City Clerk FUR CUN I IN 6.06 t y - 70Accafc =A CJ1 CO ti n X- • � ....... • cu d . W -D •.r TO m -, > 1 • b n • 56 .:jam:.;:.:. 1 n •:::-: '�••:i-::ice:;-. _:v::.i•:•'•;::: ' �}c:.• 1� `- . LJ' �y . fit• -.\VII: :��� w � ✓ moo. •�,'•: :`•- :��:-:-'�' • _ 1 v. UN—O..• w W J � �, �_ N it ti Z E C H,& (R E T,ZS,1 ESP l 131T �� 1 2 3 4 5 6 /. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 90-150 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA CERTIFYING THE FINAL NEGATIVE DECLARATION AS ADEQUATE FOR ZONE CHANGE 90-01 INCLUDING REQUIRED FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. The City Council of the City of Tustin does hereby resolve as follows: I. The City Council finds and determines as follows: A. The request to approve Zone Change 90-01 and 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 distributed for public review. C. Whereby, the City Council of the City of Tustin has considered evidence presented by the Community Development Director and other interested parties with respect to the subject Negative Declaration. 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 approval authority over Zone Change 90-01 has received and considered the information contained in the Negative Declaration prior to approving the proposed project and found that it adequately discussed the environmental effects of the proposed project. On the basis of the initial study and comments received during the public review process, the City Council has found that although the proposed projects could have a significant effect on the environment, there will not be a significant effect on it in this case because measures identified in the Negative Declaration have been incorporated into the project which mitigates any potential significant environmental effects to a point where clearly no significant effect would occur and are identified in Exhibit A to the attached Negative Declaration and initial study and are adopted as findings and 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. 90-150 Page 2 conditions of Planning Commission Resolution No. 2816 incorporated herein by reference. PASSED AND ADOPTED at a regular meeting of the Tustin City Council held on the 3rd day of December, 1990. RICHARD B. EDGAR Mayor MARY WYNN City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) CERTIFICATION FOR RESOLUTION NO. 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 ; that the above and foregoing Resolution No. was duly and regularly introduced, passed and adopted at a regular meeting of the City Council held on the day of 1990, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: Mary E. Wynn, City Clerk 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 90-151 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, UPHOLDING CONDITION NO. 8.9 OF EXHIBIT A OF PLANNING COMMISSION RESOLUTION NO. 2816 REQUIRING REMOVAL OF THE EXISTING BILLBOARD AT 1501 NISSON ROAD. 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 has been filed on behalf of Eugene Tutt of Tustin Auto Spa for the purpose of appealing Condition No. 8.9 of Exhibit A of Planning Commission Resolution No. 2816, which allowed a car wash facility at 1501 Nisson Road and described as Assessor's Parcel 432-402-02. B. That a public hearing before the City Council was duly called, noticed and held on September 17, 1990 and again on December 3, 1990. C. That the denial of the request is appropriate for the following reasons: 1. Section 9444-F of the City of Tustin Sign Code states that any off -premise sign installed for the purpose of advertising a product, event, person or subject not related to the premises on which the sign is located is prohibited. 2. Billboards are not a sign type allowed by the City of Tustin Sign Code as they have been found to detract from the physical environment in which they are located. 3. The billboard exceeds the 35 -foot maximum allowable height limit of the zoning district. II. The City Council hereby upholds Condition No. 8.9 of Exhibit A of Planning Commission Resolution No. 2816. 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 21 2E Resolution No. 90-151 Page 2 PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular meeting on the 3rd of December, 1990. RICHARD B. EDGAR Mayor MARY WYNN City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) CERTIFICATION FOR RESOLUTION NO. MARY E. WYNN, City Clerk and ex -of f icio 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 ; that the above and foregoing Resolution No. was duly and regularly introduced, passed and adopted at a regular meeting of the City Council held on the day of , 1990, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: Mary E. Wynn, City Clerk 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 90-152 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE APPEAL TO DELETE CONDITION NO. 8.9 OF EXHIBIT A OF PLANNING COMMISSION RESOLUTION NO. 2816, WHICH APPROVED CONDITIONAL USE PERMIT 90-03 TO ALLOW A CAR WASH AT 1501 NISSON ROAD. 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 has been filed on behalf of Eugene Tutt of Tustin Auto Spa for the purpose of appealing Condition No. 8.9 of Exhibit A of Planning Commission Resolution No. 2816, which allowed a car wash facility at 1501 Nisson Road and described as Assessor's Parcel 432-402-02. B. That a public hearing before the City Council was duly called, noticed and held on September 17, 1990 and again on December 3, 1990. C. That the request is appropriate as the billboard is an existing, nonconforming sign, unrelated to the proposed car wash use. II. The City Council hereby approves the appeal to delete Condition No. 8.9 of Exhibit A of Planning Commission Resolution No. 2816, subject to the conditions contained in Exhibit A, attached hereto. PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular meeting on the 3rd of December, 1990. MARY WYNN City Clerk RICHARD B. EDGAR Mayor EXHIBIT A RESOLUTION NO. 90-152 APPEAL OF CONDITION NO. 8.9 OF EXHIBIT A OF PLANNING COMMISSION RESOLUTION NO. 2816 CONDITIONS OF APPROVAL (5) 1. Condition No. 8.9 of Exhibit A of Planning Commission Resolution No. 2816 requiring removal of a billboard at 1501 Nisson Road is hereby deleted. (5) 2. All other conditions of approval of Resolution No. 2816 shall remain in full force and are incorporated herein by reference. (1) 3. The applicant shall sign and return an Agreement to Conditions Imposed form prior to issuance of building permits. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION 1 ORDINANCE NO. 1055 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY 3 OF TUSTIN, CALIFORNIA, APPROVING ZONE CHANGE 90-01, A REQUEST TO REZONE PROPERTY LOCATED AT 4 1501 NISSON ROAD FROM C-1 (RETAIL COMMERCIAL) TO C -G (COMMERCIAL GENERAL) 5 The City Council of the City of Tustin does hereby 6 resolve as follows: 7 I. The City Council finds and determines as follows: 8 A. That a proper application has been filed on behalf of Eugene Tutt of Tustin Auto Spa for 9 the purpose of rezoning a .68 acre parcel situated at 1501 Nisson Road from C-1 (Retail 10 Commercial) to C -G (Commercial General) and described as Assessor's Parcel 432-402-02. 11 B. That a public hearing before the City Council 12 to consider Zone Change 90-01 was duly called, noticed and held on September 17, 1990 and 13 again on December 3, 1990. 14 C. This Zone Change has been reviewed in accordance with the California Environmental 15 Quality Act. It has been determined that this project will not have a significant effect on 16 the environment and a Negative Declaration has been prepared. 17 D. The proposed zoning is consistent with the 18 General Plan in that the proposed zoning would allow compatible commercial uses and orderly 19 development in the area and with the General Plan Land Use Map which designates the subject 20 site as Commercial. 21 E. The proposed zoning is in the best interest of the public health, safety and welfare and 22 would be compatible with the existing adjacent residential, commercial, and freeway 23 improvements in that the property is situated adjacent to the freeway in which commercial 24 uses including the proposed C -G District are currently located; that the zoning district 25 development standards are such that a greater buffer from the adjacent residentially zoned 26 property will be established; and that the review mechanisms established by the zoning 27 code will ensure compatibility. M 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No. 1055 Page 2 II. The City Council hereby approves Zone Change 90-01 as shown on Exhibit A, amending the City of Tustin Zoning Map to rezone property located 1501 Nisson Road from C-1 (Retail Commercial) to C -G (Commercial General). PASSED AND ADOPTED at a regular meeting of the Tustin City Council held on the 3rd day of December, 1990. RICHARD B. EDGAR Mayor MARY WYNN City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) CERTIFICATION FOR RESOLUTION NO. 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 ; that the above and foregoing Resolution No. was duly and regularly introduced, passed and adopted at a regular meeting of the City Council held on the day of , 1990, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: Mary E. Wynn, City Clerk i -U O 1 r ' O --1 w cr FOR .CON-TINU II 0 7- F F L -E ti�"D1 �o N� • 3/6.06 � �.�f f2_ I �►1 tea, I � tj v � y 4 � .� � d° •tp � I � 1 w �; a �o `� � V+''}�'� D' -1r i • 1 kh ?o Acces �� n � V � {• 7 O SO/�1'O i�(7Sltu�gti� H s""..o. �! � a . , kh �• ao co o .•: n -p ! m kaj 0% 5 6Z8,VNSN ...:_..._._._.._._ r... e 28• o O 2 0 �. :::= :=:.:=•• D •.�1.•:•: Q4 �34 � up �--• � ✓ � moo. :�-�''::: ' `;• ' l':::::::. �b t ��• '•' ''Cr'•'''•' 1 Q' r ''� `. N '`�•: fix•• • I N -N N � Q _ J \T • � N N �. IT CITY OF TUSTIN Community Development Department ENVIRONMENTAL INITIAL STUDY FORM I. Background 1. Name of Proponent II. TUSTIN AUTO SPA CAR WASH 2. Address and Phone Number of Proponent 3. Date of Checklist Submitted 7-30-90 4. Agency Requiring Checklist CITY OF TUSTIN 5. Name of Proposal, if applicable CUP 90-3, ZC 90-01, DR 90-01 Environmental Impacts (Explanations of all "yes" and "maybe" answers are required on attached sheets.) 1. Earth. Will the proposal result in: a. Unstable earth conditions or in changes in geologic substructures? b. Disruptions, displacements, compaction or overcovering of the soil? C. Change in topography or ground surface relief features? d. The destruction, covering or modification of any unique geologic or physical features? e. Any increase in wind or water erosion of soils, either on or off the site? 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? Yes Maybe No X X X X X Yes Maybe No g. Exposure of people or property to geologic hazards such as earthquakes, landslides, mudslides, ground failure, or similar hazards? 2. Air. Will the proposal result in: a. Substantial air emission or deterioration of ambient air quality? �— b. The creation of objectionable odors? C. Alteration of air movement, moisture, or temperatures, or any change in climate, either locally or regionally? 3. Water. Will the proposal result in: a. Changes in currents, or the course of direction of water movements, in either marine or fresh water? b. Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? C. Alterations to the course or flow of flood waters? d. Change in the amount of surface water in any water body? 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. M 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) ? b. Reduction of the numbers of any unique, X 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 X, 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 X levels? Light and Glare. Will the proposal produce X new light or glare? Yes Maybe No 8. Land Use. Will the proposal result in a substantial alteration of the present or planned land use of an area? 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 X-1 or upset conditions? b. Possible interference with an emergency response plan or an emergency evacuation plan? 11. Population. Will the proposal alter the location, distribution, density, or growth rate of the human population of ," an area? 12. Housing. Will the proposal affect existing housing, or create a demand for additional housing? 13. Transportation/Circulation. Will the proposal result in: a. Generation of substantial additional vehicular movement? K b. Effects on existing parking facilities, or demand for new parking? C. Substantial impact upon existing transportation systems? d. Alterations to present patterns of circulation or movement of people and/or goods? e. Alterations to waterborne, rail or air traffic? f. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? 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? 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? b. Substantial increase in demand upon existing sources of energy, or require the development of new sources of energy? 16. utilities. Will the proposal result in a need for new systems, or substantial alterations to the following utilities: a. Power or natural gas. b. Communications systems? C. Water? d. Sewer or septic tanks? e. Storm water drainage? f. Solid waste and disposal? Yes Maybe No Yes Maybe No 17. Human Health. Will the proposal result in: a. Creation of any health hazard or potential health hazard (excluding mental health)? b. Exposure of people to potential 4 health hazards? 18. Solid Waste. Will the proposal create additional solid waste requiring disposal by the City? 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? b. Will the proposal result in adverse physical or aesthetic effects to a prehistoric or historic building, x structure, or object? C. Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? d. Will the proposal restrict existing religious or sacred uses within the potential impact area? 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). 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.) Al d. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or X indirectly? III. Discussion of Environmental Evaluation IV. -Determination (To be completed by the Lead Agency) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measure described on an attached sheet have been added to the project. A NEGATIVE DECLARATION WILL BE PREPARED I find the proposed on the environment, is required. 7-Y- 10 Date project MAY have a significant effect and an ENVIRONMENTAL IMPACT REPORT Signature X DISCUSSION OF ENVIRONMENTAL EVALUATION ZONE CHANGE 90-1, CONDITIONAL USE PERMIT 90-3 AND DESIGN REVIEW 90-1 (TUSTIN AUTO SPA CAR WASH) PROJECT DESCRIPTION SUPPLEMENT - The proposed project is a request for a Zone Change for the Retail Commercial (C-1) District to the Commercial General District (C -G); a Conditional Use Permit to permit a hand car wash use in the C -G district; and a Design Review for its related physical development. The Zone Change is subject to City Council review and approval. The Conditional Use Permit is subject to Planning Commission approval and the Design Review is subject to approval by the Community Development Department. The subject property is located at 1501 Nisson Road in an urban area within the boundaries of the Retail Commercial (C-1) District. The site is presently vacant with the exception of an existing billboard. Surrounding uses include the Interstate 5 Freeway to the north and east, a car leasing operation and service station to the west, and residential (across Nisson Road) to the south. 1. EARTH The proposed project site is free from any topographical features and is presently vacant with the exception of an existing billboard. Any development of the site would require earth work and compaction of the soil to create building pads and parking areas. Appropriate grading plans and soil reports would be required as part of the City's review and plan check process. Sources: City of Tustin Community Development Department Mitigation Measures/Monitoring: The applicant would be required to submit appropriate soils reports and grading plans identifying the scope of work at the plan check stage. All work should be done in conformance with the Uniform Building Code as required by the Building Official. 2. AIR - The proposed project would not result in any long term degradation to the existing air quality. However, with construction their will be short term air quality pollutants as dust particles will be omitted into the air. No significant impacts are expected. Sources: AQMD standards for preparing EIR documents Mitigation Measures/Monitoring - The site will be required to be watered in compliance with a dust control plan in conformance with grading plan approval. This will be monitored by the Building and Safety Division when construction commences. 3. WATER - The proposed project would add impervious surfaces to the site which would effect drainage and run off. Given the DISCUSSION OF ENVIRONMENTAL EVALUATION ZONE CHANGE 90-1, CONDITIONAL USE PERMIT 90-3 AND DESIGN REVIEW 90-1 (TUSTIN AUTO SPA CAR WASH) Page 2 nature of the use as a car wash, water run off would also be generated in its normal daily operations. Sources: City of Tustin Community Development Department City of Tustin Public Works Department Orange County Sanitation District Mitigation Measures/Monitoring: The site would need to be designed so that all run-off is picked up on site and piped to the storm drain and/or the sewer. No sheet flow off the site would be permitted. A grading plan and approval from the Sanitation District will need to be submitted and approved prior to construction. 4. PLANT LIFE - The project site is free from any plant life with the exception of native vegetation. The proposed project would introduce landscaping and specimen trees on to the site in conformance with the requirements of the City's Landscaping and Irrigation Submittal Requirements. Sources: Field Observations Proposed Landscaping Plans Mitigation Measures/Monitoring: None Required.' 5. ANIMAL LIFE - The subject property is located within a commercial area and is free from any significant population of animals, fish, or wild life. Sources: Field Observations. Mitigation Measures/Monitoring: None Required. 6. NOISE - The proposed project would add new noise sources into the area since the property is presently undeveloped. The development of the project will result in short term construction noise impacts which will require compliance with the City's Noise Ordinance. In terms of the development proposal, the project is designed such that the wash tunnel is completely within an enclosed building which would reduce potential noise impacts from the mechanical equipment. Additionally, the tunnel is adjacent to the I-5 Freeway, which will generate more noise than the proposed project. There are existing apartments, immediately south of the proposed project. Given the existing noise levels in the area DISCUSSION OF ENVIRONMENTAL EVALUATION ZONE CHANGE 90-11 CONDITIONAL USE PERMIT 90-3 AND DESIGN REVIEW 90-1 (TUSTIN AUTO SPA CAR WASH) Page 3 generated by the I-5 Freeway and surrounding street system, the proposed project is not expected to impact the ambient noise levels in the area. Sources: City of Tustin Community Development Department 'Field Observations Proposed Development Plans Mitigation Measures/Monitoring: All development related to noise generation shall be in accordance with the City's Noise Ordinance which, in part, limits noise generation to a maximum of 60 dba which would be verified by the Community Development Department prior to project final. Additionally, all construction activity will be required to be in compliance with the City Noise Ordinance which, among other things, restricts construction hours. This will be monitored by the Building and Safety Division during construction. 7. LIGHT AND GLARE - Since the project site is vacant, any development would add new lighting into the area. The proposed use would be operative during the day hours. Any exterior lighting that would be provided would be minimal as required by the City's Security Ordinance in relation to surrounding uses since the site would not be utilized at night. Sources: City of Tustin Community Development Department Proposed Development Plans Mitigation Measures/Monitoring: All exterior lighting shall be arranged so not to direct light or glare onto adjacent properties. All lighting shall be developed in accordance with the City's Security Code. 8. LAND USE - The proposed project is to rezone the subject property from C-1 (Retail Commercial) to C -G (Commercial General) and to develop a hand car wash at the site. To the west of the subject property is the AutoMate car leasing and service station which is zoned C-1. There are no uses on the east side of the subject property as Nisson Road curves to run adjacent to the Santa Ana (I-5) freeway. Across Nisson Road to the south is an existing multi -family residential project which is zoned R-3 (Multi -Family Residential) which is heavily buffered with an 8 foot high wall and heavy landscape to DISCUSSION OF ENVIRONMENTAL EVALUATION ZONE CHANGE 90-11 CONDITIONAL USE PERMIT 90-3 AND DESIGN REVIEW 90-1 (TUSTIN AUTO SPA CAR WASH) Page 4 buffer it from the adjacent freeway. Generally, the zoning designations directly adjacent to the Santa Ana (I-5) Freeway falls within a Commercial, Professional and Industrial category which includes both the C -G and C-1 designation. Specifically, the zoning on the north of the Santa Ana Freeway and on the south side of E1 Camino Real adjacent to Newport Avenue is zoned with C-1 and C -G districts directly adjacent to each other. Therefore an- existing zoning configuration already exists in the City. Additionally, General Commercial is appropriate when adjacent to the freeway because it offers a greater flexibility of uses which generally can utilize high freeway exposure such as, but not limited to, service stations and other auto related uses. However, the development of the property if the zone change is approved would be in compliance with the planned use of the area. Specifically, car washes are conditionally permitted uses in the C -G District and the site is listed as commercial on the General Plan Land Use Map. Sources: City of Tustin Community Development Department Mitigation Measures/monitoring: None Required. 9. NATURAL RESOURCES - The proposed project would result in construction use of materials that are non-renewable. However, the usage will be minimal in relation to the project and material such as asphalt can be generated by using recycled materials such as oil and gravel. Sources: City of Tustin Community Development Department City of Tustin Public Works Department Mitigation Measures/Monitoring: The applicant shall utilize recycled materials where appropriate. This shall be identified on the construction plans. 10. RISK OF UPSET - The proposed project would not result in any significant risk of upset (i.e. explosion, etc.) given the scale and nature of the proposed use. .A carwash typically does not represent a significant potential of risk or upset. Sources: Orange County Fire Department Mitigation Measures/Monitoring: All construction shall be in accordance with applicable Building and Fire Codes which would be inspected by the Community Development DISCUSSION OF ENVIRONMENTAL EVALUATION ZONE CHANGE 90-11 CONDITIONAL USE PERMIT 90-3 ADESIGN REVIEW ND 90-1 (TUSTIN AUTO SPA CAR WASH) Page 5 Department and Fire Department during construction and prior to project final. 11. POPULATION - The proposed project is an infill project and would not result in any direct increase in population in that no additional dwelling units would be created. This small scale project would be designed to meet the needs of the existing residents and businesses of the community. Source: City of Tustin Community Development Department Mitigation Measures/Monitoring: None Required. 12. HOUSING - The proposed project is a commercial infill project and would not result in any creation of new dwelling units. This small scale project would be designed to meet the needs of the exiting residents and businesses of the community. Source: City of Tustin Community Development Department Mitigation Measures/Monitoring: None Required. 13. TRANSPORTATION AND CIRCULATION - Since the site is vacant, any development would generate additional vehicular trips to the site. Because the project site is situated immediately adjacent to existing residential uses, the potential on-site as well as off-site circulation impacts could have a significant impact to the area in the form of cumulative negative circulation impacts. An Independent Traff is Analysis Report was therefore prepared by KHR Associates to address potential impacts as a result of the project and is attached and incorporated herein by reference. The conclusion of the report indicated that traffic on Nisson Road would increase by approximately 17% (from 7,608 to 8,896 vehicle trips per day) as a result of the proposed project and that percentage increases in traffic or other streets in the area were negligible (e.g. 1% on Red Hill and E1 Camino Real). The corresponding level of service on Nisson dropped from "B" to "C". However, Level "C" is considered by traffic engineers to be the standard for transportation design. In terms of impact to the adjacent residential units, the project's peak hours are between 11:30 to 2:00 p.m., and therefore no major impact during the week will be felt by the residents. Additionally, the closing hours are such that the DISCUSSION OF ENVIRONMENTAL EVALUATION ZONE CHANGE 90-11 CONDITIONAL USE PERMIT 90-3 AND DESIGN REVIEW 90-1 (TUSTIN AUTO SPA CAR WASH) Page 6 operation will be shutting down around 5:00 p.m. On Saturdays and Sundays the operation will be at peak operation and some delays will be experienced when driving west towards Red Hill Avenue. Mitigation measures which were identified in the report are identified below. Sources: KHR Associates, Traffic Impact Study City of Tustin Public Works Department City of Tustin Community Development Department Mitigation Measures/Monitoring: 1. The applicant should financially contribute towards the signal upgrade at Red Hill Avenue and Nisson Road which has been determined to be 8% of the improvement cost. 2. In the event the City receives complaints from the adjacent residential units, or the Public Works/Community Development Departments identify concerns with on-site or off-site congestion, a follow-up study would have to be independently conducted, but funded by the project proponent, to document any traffic impacts above those originally considered which have been created by the project. Should the study reveal such impacts, then the applicant will be responsible for imposing mitigation measures such as limitations on the customers allowed on the site, restricted hours of operation, acquiring adjacent sites for employee parking, implementation of a ride -share program, subject to approval of such measures by City staff. 14. PUBLIC SERVICES - All services are existing and are adequate to serve the proposed project. No additional public services would be required. Sources: City of Tustin Community Development Department Orange County Fire Department City of Tustin Police Department City of Tustin Public Works Department - Mitigation Measures/Monitoring: None Required. DISCUSSION OF ENVIRONMENTAL EVALUATION ZONE CHANGE 90-11 CONDITIONAL USE PERMIT 90-3 AND DESIGN REVIEW 90-1 (TUSTIN AUTO SPA CAR WASH) Page 7 15. ENERGY - The proposed project would not result in any "significant" change in the current use of energy given the scale of new development but will require new services to the site. Sources: City of Tustin Public Works Department Mitigation Measures/Monitoring: The applicant shall comply with Title 24 in regard to energy conservation. This shall be verified for compliance at plan check. 16. UTILITIES - The site is located within an existing commercial area with all utilities available to the site from Nisson Road. The proposed project would not require any new utility service to the property. However, water usage could be detrimental to goals established by the County to conserve water, therefore, a water reclamation system will be utilized. Sources: City of Tustin Public Works Department Mitigation Measures/Monitoring: The applicant shall utilize a water reclamation system. It shall be identified on the construction plans prior to issuance of building permits. 17. HUMAN HEALTH - The proposed project would not result in any effect on human health. The proposed use as a hand carwash typically would not create conditions that negatively effect human health. Sources: City of Tustin Community Development Department Mitictation Measures/Monitoring: None Required 18. AESTHETICS - The proposed project will be an attractive development in this area. The architectural style is Mediterranean Spanish. The Community Development Department is responsible for design review of this project and has approved the design pending approval of the Conditional Use Permit and Zone Change by the Planning Commission and City Council respectively. An existing non -conforming billboard which is physically unattractive is being required to be removed. DISCUSSION OF ENVIRONMENTAL EVALUATION ZONE CHANGE 90-1, CONDITIONAL USE PERMIT 90-3 AND DESIGN REVIEW 90-1 (TUSTIN AUTO SPA CAR WASH) Page 8 Sources: City of Tustin Community Development Department City of.Tustin Design Review Process Mitigation Measures/Monitoring: The existing billboard shall be removed. Said removal shall be identified on the construction plans. 19. RECREATION - The proposed project would not result in the need for additional recreational opportunities. Commercial uses typically do not demand extensive recreational amenities from the community as do residential land uses. Sources: City of Tustin Community Development Department City of Tustin General Plan Land Use Element Mitigation Measures/Monitoring: None Required. 20. CULTURAL RESOURCES - The proposed project would not result in any effect on existing cultural resources in that the General Plan does not identify any cultural resources on this property. Sources: City of Tustin Historic Resources Survey City of Tustin General Plan Mitigation Measures/Monitoring: None Required. 21. MANDATORY FINDINGS OF SIGNIFICANCE - The proposed project to establish a hand carwash on the subject property could have a significant effect on the environment. However, due to the project design and conditions of approval, the potential impacts would be reduced to a level that clearly no significant impact would occur. Sources: As Previously Noted. Mitigation Measures/Monitoring: As set forth below. Applicable justification and discussion is contained under each section as previously identified. EARTH - Mitigation Measures/Monitoring: The applicant would be required to submit appropriate soils reports and grading plans identifying the scope of work at the plan check stage. All work should be done in conformance with the Uniform Building Code as required by the Building Official. DISCUSSION OF ENVIRONMENTAL EVALUATION ZONE CHANGE 90-11 CONDITIONAL USE PERMIT 90-3 AND DESIGN REVIEW 90-1 (TUSTIN AUTO SPA CAR WASH) Page 9 AIR - Mitigation Measures/Monitoring: The site will required to be watched for dust control in conformance with grading plan approval. This will be monitored by the Building and Safety Division when construction commences. WATER - Mitigation Measures/Monitoring: The site would need to be designed so that all run-off is picked up on site and piped to the storm drain and/or the sewer. No sheet flow off the site would be permitted. A grading plan and approval from the Sanitation District will need to be submitted and approved prior to construction. NOISE - Mitigation Measures/Monitoring: All development related to noise generation shall be in accordance with the City's Noise Ordinance which, in part, limits noise generation to a maximum of 60 dba which would be verified by the Community Development Department prior to project final. Additionally, all construction activity will be required to be in compliance with the City Noise Ordinance which, among other things, restricts operational hours. This will be monitored by the Building and Safety Division during construction. LIGHT AND GLARE - Mitigation Measures/Monitoring: All exterior lighting shall be arranged so not to direct light or glare onto adjacent properties. All lighting shall be developed in accordance with the City's Security Code. RISK OF UPSET - Mitigation Measures/Monitoring: All construction shall be in accordance with applicable Building and Fire Codes which would be inspected by the Community Development Department and Fire Department during construction and prior to project final. TRANSPORTATION AND CIRCULATION - Mitigation Measures/Monitoring: The applicant should financially contribute towards the signal upgrade at Red Hill Avenue and Nisson Road which has been determined to be 8% of the improvement cost. ENERGY - Mitigation Measures/Monitoring: The applicant shall comply with Title 24 in regard to energy conservation. This shall be verified for compliance at plan check. UTILITIES - Mitigation Measures/Monitoring: The applicant shall utilize a water reclamation system. It shall be identified on the construction plans prior to issuance of building permits. AESTHETICS - Mitigation Measures/Monitoring: The existing billboard shall be removed. Said removal shall be identified on the DISCUSSION OF ENVIRONMENTAL EVALUATION ZONE CHANGE 90-11 CONDITIONAL USE PERMIT 90-3 AND DESIGN REVIEW 90-1 (TUSTIN AUTO SPA CAR WASH) Page 10 construction plans. NATURAL RESOURCES - Mitigation Measures/Monitoring: The applicant shall utilize recycled materials where appropriate. This shall be identified on the construction plans.