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HomeMy WebLinkAboutPH 4 CUP 89-25 DR 88-66 9-18-89PUBLIC HEARING NO. 4 9-18-89 rATE: SEPll~BER 18, 1989 Inter- Corn TO: FROM: SUBJECT: WILLIAH A. HUSTON, CITY MANAGER COMPIUNITY DEVELOPHENT DEPARTHENT APPEAL OF PLANNING COHHISSION ACTION, CONDITIONAL USE PEI~IIT 89-25 AND DESIGN REVIE# 88-66 RECOII~ENDATION It is recommended that the City Council uphold the Planning Commission action to deny Conditional Use Permit/Design Revtew 88-66 by adoption of Resolution No. 89-139. BACKGROUND At their regular meeting on August 28, 1989, the Planning Commission adopted Resolution No. 2659 denytng Conditional Use Permtt 89-25/Design Review 88-66, a proposal to authorize establishment of a 5,000 square foot full service car wash to be located at 240 £. First Street (Attachment A). The applicant has appealed the dectslon of the Planning Commission to the'-Clty Councll for consideration (Attachment B). The applicant proposes to construct a 5,000 square foot full service carwash on the property located at 240 W. First Street. The project site is located within the C-2 (Central Commercial) district and the "Commercial as Primary Use" land use designation in the First Street Specific Plan. A Conditional Use Permit is required to authorize the establishment of a carwash in the "Commercial as Primary Use" designation pursuant to Section III-D{1) of the First Street Specific Plan. The site is also located within the Town Center Redevelopment Project Area and final Design Review authority rests with the Redevelopment Agency. The project site is approximately .55 acres and is located on the south side of First Street, east of Prospect Avenue. The site ts presently vacant. Surrounding uses include the Tusti'n Post Office to the east, existing non conforming warehouse/storage type uses to the south, office uses and satellite dishes to the west and a McDonald's restaurant across First Street to the north. Since this item was considered as a public hearing by the Planning Commission, this appeal item is also considered a public hearing. A public hearing notice denoting the proposal, location and time of the hearing was published in the Tustin News. In addition, property owners within 300 feet of the subject property were notified of the hearing by mail pursuant to State law. The applicant and architect were forwarded a copy of the meeting's agenda and staff report for this item. Planntng Commission Report Destgn Revtew 88-66 September 18, 1989 Page two DISCUSSION General - Submitted development plans propose, construction of a 110' x 46' ~g to be located on the easterly portion of the site perpendicular to Ftrst Street. Bulldlng Improvement would tnclude an enclosed carwash tunnel and applicable carwash equipment, watttng and cashter area, office, storage room, employee room and restrooms. A fuel pump and vacuum area Is proposed to the west of the butldtng to be covered 'by a wood trellts structure. Anticipated hours of operation of the factltty would be 7:00 a.m. - 6:00 p.m. No detalltn§ area has been Identified on the plans. Access to the project stte would be provtded by a 27 foot wtde driveway along Ftrst Street. Vehlcles would pull forward to the fuel pumps and vacuum statton and enter the wash tunnel from the south end of the property. Vehtcles would then move north through the tunnel and enter the open drylng area tn the northeast corner of the site. Staff as well as the Planning Commission were concerned that there may not be a great deal of room for vehtcle stacktng as cars exit the wash tunnel. - Zo.nln9 Re.cl. ulrem_ents - The project compltes wtth all development standards for ~he First Street Specific Plan, wtth the exception of buildtng hetght. The "Commercial as Prtmary Use" designation of the Ftrst Street Speclftc Plan requtres a mlntmum 10 foot front yard setback, zero foot side yard setback, and a 20 foot rear yard setback. The proposed bullding is setback 60 feet from First Street wtth a 10 foot front yard setback from the proposed screen wall to be constructed parallel with Ftrst Street. The buildtng would be situated $ feet from the easterly property 11ne and 5'-10" from the westerly property 11ne with a 45 foot rear yard setback. While the maxtmum butlding height ts ! story and 18 feet, project plans propose a hetght of ! story and 20 feet. Any conditions of approval would require the reduction in building hetght for the project to a maximum of !8 feet consistent with the Specific Plan since applicant has not applied for a Variance from this standard. The First Street Specific Plan does not specify any parking requirements for a carwash. Provisions of the Specific Plan require the Planning Commission to determine the appropriate amount of parking in such situations. The project proposes a total of seven (7) marked spaces, one of which is a handicapped space. The Zoning Report, a planning and zoning professional publication, indicates that a minimum of 3 spaces or one for each employee on the maximum shift whichever is greater is adequate for full service carwashes. The majority of the vehicles are always in motion moving through the fueling and vacuum stations, wash tunnel, and drying area then exit the site. The applicant has indicated that a maximum of 7 employees would be on the site at any one time. Community Development Department Planntng Commission Report Design Revte~ 88-66 September 18, 1989 Page three Circulation and Access - Carwashes typically generate a high rate of traffic in ~spe~t to the squ~-~ootage and could generate approximately 50% more vehicle trips per day than a service station. A traffic report was, therefore prepared for the project to evaluate potential traffic related impacts. The report indicates that the proposed project would be estimated to generate approximately 900 vehicle trips ends with 40 occurring in the.a.m, peak hour and 80 in the p.m. peak hour. The report indicates that these trips may not necessarily be new vehicle trips. With the additional vehicle trips generated by the project, the traffic report indicates that the Level of Service would remain at Level of Service "C" as presently exists and would be considered an "acceptable" traffic condition. The Planning Commission, however, did not agree with all results of the traffic study and felt with the proximity of the site to Prospect Avenue and the post-office and the volume of traffic generated by the use that potential traffic problems would result in the area. As indicated above, access to. the project would be provided by a 27 foot wide - driveway along First Street. Only right turns in and right turns out would be permitted due to the existing raised median on First Street. Based on the results of the traffic study, it is recommended that--the proposed access driveway be increased from 27 feet to 30 feet to facilitate more efficient ingress and egress from the si te ' s one dri veway. Architecture - The applicant has done a commendable job in designing the a~chitectural aspects of the project. The project proposes a mission style architecture with smooth stucco finish, wood eaves, and window surrounds, built out column treatments along the east elevation and full column treatments to support the trellis. A wood trellis element is proposed over the entire fuel pump and vacuum areas. A matching trellis element is also proposed along the front portion of the perimeter wall. The building proposes pitched roofs to give the appearance of a full pitched roof treatment. A pedestrian waiting area has been provided in the northwest corner of the site which would al so be covered wi th a trellis. The proposed materials include the use of a 3 color clay "S" roof tile (tan, orange, brown) brown wood trim, light salmon stucco and dark salmon stucco trim. As mentioned previously, the overall height of the b'uilding needs to be reduced from 20 feet to 18 feet to satisfy the .development standards of the First Street Specific Plan. The proposed design provides a good level of architectural detail and is consistent with the First Street design guidelines. Community Development Department Planning Commission Report Design Review 88-66 September 18, 1989 Page four Landscaping and Hardscape A conceptual landscaping plan has been included on the ~rte'"'~lan. ~How~ver~ spec-~f~c planttng materials, quantities, and stzes have not been Identified. The conceptual plan Identifies a large accent canopy type tree located In each corner of the property. Canopy type trees are also provided along the south side of the property, on the north side of the fuel pump In front of the columns and on the north elevation of the building. Various shrubs would be provtded along the east and west sides of the property, as well as along First Street. Planter areas on the north, west and south elevations of the building would also be provided. A pedestrian bench and seating area with the use of interlocking paving is provided along First Street outside the perimeter wall. Although the landscaping plan is conceptual, it provides for a well landscaped site. Ftnal and prectse landscaping and Irrigation plans would need to be prepared tn accordance with the City's Landscaping and Irrigation Submittal Requirements that .specify minimum plant sizes, spacing, quantities and other installation details. The entire front open area would be treated wtth terra cotta Interlocking paving.. A six foot high blockwa11 is alsoproposed around the entire perimeter of the site which would be finished in a smooth stucco finish to match the building and an accent tile band near the top. _Appropr.!at_eness of Use - Over the past few-years, staff, 'the Planning Commission, and the City CounCil h~v& expressed continued concern over the existing auto oriented uses along First Street and have not encouraged expansion of those uses or the establishment of new auto oriented uses in efforts to more effectively implement the policies and objectives of the First Street Specific Plan. Staff has reviewed the First Street Specific Plan and offers the following summary of the goals and objectives of the Specific Plan as it relates to the subject site and the proposed carwash use' A. To promote development that Is the flrst priority (primary use) that satisfies the required development standards and is responsive to the established design guidelines. The Specific Plan designates this site as "Commercial as Primary Use". This designation identifies retail uses and service businesses that would be permitted or conditionally permitted. A carwash is not an outright permitted · use---~-~,~n the "Commercial as Primary Use" and is identified as a service business only authorized subject to granting of a conditional use permit which is a discretionary action. The intent of the Specific Plan is to encourage retail uses with incidental business uses on a particular property. At the present time, there are seven (7) auto oriented uses within the limits of the First Street Specific Plan between Newport Avenue and the Costa Mesa (55) Freeway. In addition, the Post Office and McDonald's restaurant also generate a significant amount of auto oriented trips. The proposed carwash would further add to and encourage auto oriented uses in this particular area along First Street and remove any potential retail or consolidated development opportunities in the immediate vicinity a recognized objective of the First Street Plan. Community Development Department Planning Commission Report Design Rev1 ew 88-66 September 18, 1989 Page ftve B. Encourage ne~ development vhtch ts appropriate and feastble and vhtch can be e~fecttvely Integrated and located to contribute most to the overall leprovemnt to the area. The subject stte ts Identified tn the Spectflc Plan as a stte that would be subject to new development. A carwash use may not be the most appropriate use tn thts locatton gtven the htgh potential in the vlctntty of the site for consolidated development and the multitude of other retail commercial uses that could be permitted on the site. In 11ght of the concern over auto ortented uses, the proposed use may not be the best use to contribute to the overall Improvement to the area. One of the purposes of the Specific Plan ts to achteve an overall positive tdenttty for the Spectftc Plan area. While there is concern over the auto ortented character on First Street and the proposed carwash would remove any potential for retail development in the Immediate vicinity. The architectural design of the buildings could mitigate aesthetic concerns (although the large issue ts land use). C. To create a 'pedestrian friendly' environment wtth the use of pedestrian arcades, plazas, and store fronts along Ftrst Street froetage. The applicant has provided street furniture and landscaping along First Street in efforts to provide a pedestrian element to the project. A 6 foot high screen wall is proposed around the perimeter of the site and along First Street in order to provide screening of the auto drying area from First Street and soften the appearance of the auto oriented use. Zeprove site circulation b~t~een properties and maximize pedestrian access. The proposed project does not make any provisions for any type of circulation between properties as encouraged by the Speclftc Plan. Customers of the carwash must exit the site onto First Street to access adjacent properties and the alley to the south. The extsttng parktng area and access from the Post Office and alley to Prospect Avenue would remain as extsttng as this area would not be affected by the project. E. Promote the best use of property whlch balances maximum development with compatible uses. Exhtbtt 2 of the First Street Specific Plan Identifies thts stte as a new development site, stnce tt is vacant and can be destgned from the ground up. The proposed carwash use may not be the best use of property due to the Inability to provtde and implement the various goals and objectives of the Ftrst Street Spectfic Plan as identified above and would further encourage and establish auto related uses In this area of the communi ry. Community Development Department Planning Commission Report Design Review 88-66 Septembe.r [8, 1989 Page stx Plan..n.!ng ..... Co.mmtsston Actton- On August 28, 1989, the Planntng Commission revtewed thts 1tern and adopted Resolution No. 2659 to deny Conditional Use Permtt 89-25/Design Revtew 88-66. A copy of the minutes from that meettng are Included tn Attachment C. The Planntng Commission, tn making thetr decision, Identified Inconsistencies wtth the goals and objectives of the Ftrst Street Spectftc Plan and Incompatibility wtth adjacent uses as noted above as the prtmary reasons for the action of dental. The Commission also noted concern that the 11mtted site stze further compounds the concern related to circulation and compatibility wlth adjacent uses. CONCLUSXON A project to establish a carwash use at this location does not fully implement policies, goals, and objectives of the First Street Specific Plan related to encouragement of retail activity and a pedestrian environment and there are concerns about the compatibility with other uses in the vicinity and any further proliferation of auto related uses. In light of the inconsistencies with the First Street Specific Plan and concerns expressed by the Planning Commission, it is recommended that the City Council uphold the Planning Commission's action to deny Conditional Use Permit 89-25/Design Review 88-66. Fox Associate Planner Christine'A. Shi ngl e~j6n Director of Communi~6~ Development CAS:DF'kbc Community Development Department 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 RESOLUTION NO. 89-139 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, UPHOLDING THE PLANNING COMMISSION ' S ACTION TO DENY' CONDITIONAL USE PERMIT 8g-25/DESIGN REVIEW 88-66, A REQUEST TO AUTHORIZE ESTABLISHMENT OF A FULL SERVICE CARWASH LOCATED AT 240 E. 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, (Use Permit No. 89-25) has been filed on behalf of Henry Kumagai to establish a 5,000 square foot full service carwash on the property located at 240 E. First Street and described as Assessor's Parcel No. 401-581-001. B. That a public hearing was duly called, noticed and held on said application on August 28, 1989 by the Planning Commission at which time the Commission adopted Resolution No. 2659 to deny Conditional Use Permit 89-25/Destgn Review 88-66. C. That an appeal of the Planning Commission's action has been filed by Henry Kumagai. -- D. That a public hearing to consider the appeal of said application was duly called, noticed, and held on September 18, 1989. E. That establishment, maintenance, and operation of the use applied for wtll 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 fi ndtngs: 1. The use applied for is not an outright permitted use within the "Commercial as Primary Use" designation of the First Street Specific Plan and is only authorized subject, to granting a conditional use permit which is a discretionary action. 2. The proposed use is inconsistent with the policies and objectives of the First Street Specific Plan in that the proposed project site would not be developed with "primary" retail uses nor provide an optimum pedestrian environment as encouraged by the First Street Specific Plan. 3. The proposed use would further establish and reinforce the existing automotive scale and character of First Street which is discouraged by the First Street Specific Plan. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 19~ 20 21 22 23 24 25 26 27 28 Resolution No. 89-139 Page ~o ® The proposed use would not be the "best" use of the property given the hJgh development potential of the s~te as Indicated Jn the Ftrst Street Spectftc Plan and gtven the hJgh development potential of the stte as ~ndtcated Jn the Ftrst Street Speclftc Plan and given the Jnabtllty to full111 the deslred pedestrJan scale and retail uses encouraged by the First Street Spectftc Plan. II. The City CouncJl hereby upholds the Planning Commission's action to deny CondltJonal Use Permit 89-25/Design Review 88-66, a request to authorJze establJshment of a 5,000 square foot full servtce carwash on the property located at 240 E. Ftrst Street. PASSED AND ADOPTED at a regular meettng of the Tusttn Ctty Counctl, held on the day of _ , 1989. , · URSULA E~ K[NNJ:'DY, ' ' Rayor RARY E. Ctty Clerk -. .Ii' · ! , . . ,. , · NEGATIVE DECLARATION CITY OF TUSTIN 300 CENTENNIAL WAY, TUSTIN, CA. 92680 Project Title: CUP 89-25/ DR 88-66 (KUMAGAI) Fi le No. Project Location' 240 E. FIRST STREET Project Description: A REQUEST FOR A CONDITIONAL USE PERMIT TO AUTHORIZE ESTABLISHMENT OF A 5,000 SQUARE FOOT FULL SERVICE CARWASH AND RELATED DES Project Proponent: HENRY KUMAGAI Contact Person: DANIEL FOX Telephone: 544-8890 Ext. 254 i i i 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 Envir'onmental 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. IGN REVIE 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 AUGUST 28, 1989 DATED: AUGUST 21, 1989 -- · Community Development Director .... CITY OF TUSTIN Con~nunity Development Department £NVIRONM£NTAL I"'ITIAL STUDY FORM !1. ,. N.m. of. ' 2. Address and Phone Number of Proponent e Ermi~tal I~ (Explanatlans of all '~/es" and "maybe" answers are required on attached sheets.) Em'th. Will the proposal result im Yes Maybe No a. Unst~le earth conditions or in ctxu~es in geologic substructures? b. Disruptions, displacements, compaction ar overcovering of the soil? c. Cha~ge in topography or ground surface relief features? ......... ... d. The clesfi, uctian, covering or. modification of any unique geologic or physical features? e. Any increase in wind ar water erosian of soils, either on or off the site? f...Change, s in deposition ar eroston of beach .... ..sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream ar the bed of the ocean or any bay, inlet ar lake? ' .% e Exposure of people or property to geolo- gic hazards such as earthquakes, landslides, mudslides, ground failure, or similar hazords? Air. Will the proposal result im a. Substantial air emissions or deterioration' of ambient air quality? b. The c;reotion of objectionable odors? Co Altemtian of air movement, mOisture, Or temperature, or any change in climate, either IocaJly or regionally? · Water. Will the proposal result in= Changes. in currents~ or the course of di- rectien of water movemenls, in either marine or fresh waters? bo· Changes in absorptian rates, drainage pat- terns~ ar the rate and amount of surface runoff? c. Alteratiem to the course or fl~w of flood ' · waters~ .......... - __ d. Change in the amount of surface water in. any water body? go, Dischar{le into surface'-waters; or in any alteration of surface water quality~ in- cluding but not limited to temperature, dissolved., oxygen, or turbidity? Alteration of the direction or rate of flow of ground waters? ..Change in the quantity of ground waters, either through direct additiorts or with- drawalst or through interception of an aquifer by cuts or excavations? Substantial reduction in the amount of water otherwise available for public water _supplies? i. Exposure of people or property to water re- lated hazords such as flooding or tidal waves? . 0 5, 1 Sa Plant Life, Will the proposal result im a. C'~e .in the diversity of species, ar number of a~y species of plants (including trees, shrubs, grass, crops, ~ aquatic plants)? b. Raductim of the numbers of any Unique, rare or endangered species of plants? c. lntroduatian of new species of plants'into art areas ar in a barrier to the normal replenishment of existing species? d. Reduc'tion 'in acreage of any agriCUltural..' crop? Animal Life. Will the propo~l, result in= a. Change in the diversity of species, or numb&rs'of any Species of animals' (birds,' land animals including reptiles, fish and shellfish, benthic arganism~ ar insects)? b. Reclu~tlan of the numbers of any unique, rare or endangered specie~ of mimals? c. Intreductian of new species o~ mimals into m area, ar result in a barrier to the migratian ar movement of mimals? cl. Deterioration to existing fish ar wildlife habitat? Noi~e' 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? Land Use.. Will the proposal result in a sub- stantial alteration of the prese.:t or planned land'use of an area? Netur~l Resources. Will the proposal result in: a. Increase in the rate of use of any natural resources? I0. b. Substantial depletion of any nonrenewable .na..t~.ral ..resource~_ ......... .:~ Risk of umet W31i. the propmal in ive= a.A risk of an expla~ian or the release of hazarckxm sul~tanc~ (including, but not 'limited .tot oil, pesticides, chemicals or radiation) in the event of an oacident or u~,t canditk~m? .... b. Pomible interference with ~ emergency r~ plc~ or an emergency plan? II. Papulatian, Will the proposal altqr, the location, ....... distribution-, density, or growth rate of the humc~ population of an area? 12. Hauling. 'Will the proposal affect existing hous- ing, or create a demand for additional housing? 13. Trmnpartatlan/Circulatlan, Will the propc=~l result im a. Generation of substantial additional vehioular, movement? -- · b. Effects on existing parking facilities,, or derrmnd for new p~rking? c. Substantial 'impact upon existing transpor- tation s/stems? ....... d. Alterations to present patterns of circula- tion or movement of people and/or goods? e. Altercrtions to waterborne, rail or air traffic?" f. Increase in traffic hazards to motor vehicles, bicyclists ar 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? cl. Porks or other recreational facilities? e. Maintenance'of public facilities, including roads? 15. f. Other governmental services? Energy; Will the proposal result ins a. Use of substantial amounts of fuel or energy? .. b. Substantial increase in dernar~ upon exist- ing sources of energy,, or require the .d~..~lo~ent of_new sources, of energy? Utilities. Will the proposal result in a need, far new systems, or substantial alterations to the following utilities, a. Power or natural gas? · b. Comrr,~icatiam systems? · c. Water? cL' Sewer 'ar septic targcs? e, Starm water drainage? f. Solid waste and disposal? 17. I-katmn' Health. Will the proposal result ins a. Creation of any health h~zarcl or potential health hazard (excluding mental health)? b. Expo,sum of people to potential health hazards? '18. Aeettietica.- Will the Proposal reSt'It in the obstruction of any scenic vista or view open to the public, ar will the proposal result in the creation of an aesthetically offensive site open to public view? 19. Recreati~ Will the proposal result ':in an impact upan the quality or quantity of existing recreational opportunities? 20. Cultural Resource~ Will the proposal result in the alteratian of ar the ciestructian of a prehistaric ar historic archaeological site? Yes b. Will the praposal result in adverse pl'~s~l or aesthetic effects to a prehistoric or historic building, structure, or object? Does the propeaal hava the potential to cause a phy~l ~ whk:h wauld affect unique etl~i~ cultural values? Will the'lX.opmal 'restrict existing .rellgiaus' er s~red u~es within the potential impm~ 21. Mandatory Findings of Signif~ a. Does tile"project have the potential. to degrade the quality of the envirmment, . substantially reduce the habitat of a fish or wildlife species, cc~se a fish or wild-. life populatian to drop below self su~- taining levels, threaten to eliminate a plant or animal community, reduce the number ar restrict the renge of a ram or endangered plant or animal ar eliminate important exa. mples of the major periods of California history or prehistory? b. Does the project' have the potential to achieve short-term, to the disadvantage of lang-term, enviranmental goals? (A short?. term impact an the environment is one which accurs in .a relatively brief, definitive period of time while lang-term impacts will endure well into the future.) c. Does the project have impacts which are -' individually limited, but cumulatively can- siderable? (A project may impact on 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 envirenment is significant.) Does~}~'~'Pmjeat have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Y~ II!. Discuzzian of Enviram~ental Evaluatian ..... ........... · · IV, Det~rrninatian (To be completed by the Lead Ag~:y) On the basis of thia initial evaluations' I find that the propas~ project COULD NOT have a significant effect an the environment, and a NEGATIVE DECLARATION will be. prepared. I find that. although the proposed projec~ could have a significant effect an the envirmu~mnt, there will not be a. significant effect in this case I--I because 'the mitigatlan measures cl~scribed an ~ att~h~ ~et h~e ' ~ ~ to t~ pmj~t, A NEGA~VE DEC~ATION Wl~ BE PR~ARED.. I flM t~ Pm~ P~J~ MAY ~ a si~ificmt eff~ ~ t~ ~vir~ ~t, ~ m ~VIRONM~T~ IMPACT R~ORT ~ r~uired. DIBCUSSXON OF ENV~~~ EV2%LU~TTON CONDXT~O~ USE PERXTT 89-25 )lid DESTGN REVIEW 88-66 P___UOJECT D~BcRxPTXON BUPPLEHEI~T - The proposed project is a request for a Conditional Use Permit to authorize establishment of a full service carwash within the -Commercial as Primary Use" designation of the First Street Specific Plan and a Design Review for its related physical development. The Conditional Use Permit is subject to approval by the Planning Commission while the Design Review is subject to approval by the City.,s Redevelopment Agency. The subject property is located at 240 E. First Street in an urban area within the.boundaries-of the First Street Specific Plan and the Town Center Redevelopment project area. The Site is presently vacant. Surrounding uses include a United States Post Office to the east, nonconforming existing storage and warehouse uses to the south, . office uses to the west, and a restaurant across First Street to the north. lo F,~R~ - The proposed project site is free from any topographical features and is presently vacant. 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 would be done in conformance with the Uniform Building Code as required by the the Building official. ~IR The proposed project would "'not .... result in 'any degradation to the existing air quality. Sources: -AQMD standards for preparing EIR documents Mitigation Measures/Monitoring: None Required. · W~TER - The proposed project would add impervious surfaces to the site which would effect drainage and run off. Given the nature of the use as a carwash, 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 DXSCUBBXON OF ENVXRONMENT/qL EFALUATXON CONDXTXON~L USE PERMIT 89-25 /%ND DESXGN REVXEW 8S-66 (KUNAG~X) Page 2 · · · · Mitiqation Measures/Monitorinq: 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. PLANT LIFE - The project site is free from any plant life with the exception of native grasses and weeds. The proposed project would introduce landscaping' and specimen trees on to the site 'in'conformance with the requirements of the First Street Specific Plan. ' Sources: Field Observations Proposed Landscaping Plans Mitigation MeaSures/Monitoring: None Required. ~NIMAL 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. NOISE - The proposed project would add new noise sources into the area since the property is presently undeveloped. 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. There are no land uses in the 'immediately vicinity that would be especially .sensitive to noise generated by the .proposed use at this location. 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· LIGHT ~ GLARE - Since the projeCt site is vacant, any development would ad~. new_ lighting into. the area· The proposed u~e 'woUld be operative during the day hours· Any exterior lighting that would be provided would be minimal in DXSCUSSXON OF ENVXRO~2tLEV2~U~TXON CONDXTXO]O~ USE PERMIT 89-25 AND DESX~N REVXE~ 88-'66 P~ge 3 · · 10. relation to surrounding uses since utilized..-at.-.night, the site would not be 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" COd~."' I,~ND USE - The proposed project is located within the "Commercial as' Primary Use" designation of the First Street Specific Plan. A carwash is a conditionally permitted use within that designation and identified as a service commercial use by the Specific Plan. The goals and objectives of the Specific Plan encourage development of properties with primary uses, in this case retail uses. This is particularly encouraged for the subject site since it is presently undeveloped which the Specific Plan suggests high development potential. However, as mentioned, the use is identified among the list of conditionally permitted uses for the *tCommercial as Primary Use- designation of the Specific Plan. Sources: City of Tustin Community Development Department First Street Specific Plan Mitigation Measures/Monitoring: None Required. N~T~ RESOURCES - The proposed project would not result in any increased use of natural resources given the scale of the project· Sources: City of Tustin Community Development Department City of Tustin Public Works Department Mitigation Measures/Monitoring: None Required. RISK -OF UPSET - The proposed project would not result in any significant risk of upset given the scale and nature of the proposed use. A carwash typically does not represent a significant potential of risk of upset. Sources: Orange County Fire Department City of Tustin Community Development Department D~SCUSS~ON OF ENV~I~NI,~,.NTAL EVALUaTiON COND~T~O]~USE PEII~IT 89-25 2tNDDES~GN~EW 88-66 Page 4 11. 12. 13. Mitigation Measures/Monitoring: All construction shall be in accordance with applicable Building and Fire Codes which would be inspected by the the Community Development Department and Fire Department during construction and prior to project final. POPULATION - The proposed project is an infi11 project and would not result in any direct increase in population in that no additi6nal 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. HOUSING - The proposed project is a co~mercial infi11 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 existing residents and businesses of the community. ._ Source: City of Tustin Community Development Department · . Mitigation Measures/Monitoring: None Required. TI~ANSPORTATION ~ CIRCULATION - Since the site is vacant, any development would generate additional vehicular trips to the site and the existing street system has been designed to anticipate commercial development. However, a full service carwash is typically considered a fairly intense use, and given.., its- location on First Street, 'could ' have potential impacts to the circulation system. A Traffic Impact Study, prepared by Weston Pringle & Associates, has been prepared 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 there would be no significant impacts to the existing street system related to this project. Mitigation measures were identified in the report and are identified below. Sources: Weston Pringle & Associates, Traffic Impact Study City of Tustin Public Works Department City of Tustin Community Developmen~ Department Mitigation Measures/Monitoring: The project has been conditioned to widen the driveway from 27 feet to 30 feet and would be subject to review in the final working drawings and field inspections to ensure compliance. DTSCUBBTON OF EHV~ROHMENTXL EV2~U]tTTON CONDTTTO]f]~L USE PERMIT 89-:25 X]fD DEST(~,N REVIEW 88-66 (KUI~G]~) Page 5 14. 15. 16. 17. 18. 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. ENERGY - The proposed project would not result in any significant change in the current use of energy given the scale of new development. Sources: City of Tustin Public Works Department Mitigation Measures/Monitoring: None Required. UTILITIES - The site is located within an existing commercial area with all utilities available to the site from First Street. The proposed pro--ject would not required any new utility service to the property. Sources: City of Tustin Public Works Department Mitigation Measures/Monitoring: None Required. .. ~ HE]tLTH - The proposed project would not result in any effect on human health. The proposed use as a full service carwash typically would not create conditions that negatively effect human health. Sources: City of Tustin Community Development Department Mitigation. Measures/Monitoring: None Re~ired. ]tESTHETICS - The First Street Specific Plan and related First Street Design Guidelines identify certain development and design standards that must be maintained on the subject property and vicinity. The proposed project is in conformance with all applicable standards and guidelines of the Specific Plan. Since the project is located within the Town Center Redevelopment project area, the City,s Redevelopment Agency has final Design Review authority for the project. , DTSCUSSZON OF EJTVZIIONKENT.~.T., EV]tLUAT'I'ON CONDZTZON2%L USE PERMZT 89-25 ]LND DESTGN REVZEW 88~'66 (KON~GAT) Page 6 19. 20. 21. DF: Sources: City of Tustin Community Development Department ..... First S.treet--Specific Plan First Street Design Guidelines City of Tustin Design Review Process Mitigation Measures/Monitoring: Conditions of Approval for Design Review 88-66 shall be approved by the City,s Redevelopment Agency and shall be incorporated into the final working drawings for the project. ..~ 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. 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. IO~ID~TORY.FINDINGS OF SIGNIFICANCE - The proposed project to establish a full service 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. Mitiqation Measures/Monitoring: A's Previously Noted. Weston 'l'>rin jle & Associates ..... ' TI(AFF1C & 'rR:kNSPORTATION ENGINEERING duly 3, 1989 Mr. Henry Kumagai 19021 Canyon Road Villa Park, CA 92667 SUBJECT: Tustin Plaza Car Wash RECEIVED JUN 1 7 COMM DEVELOPMENT BY_ ??-. :' ' , Dear Mr. Kumagai: '~ This' letter summarizes our review of traffic factors related to your proposed Tustin Plaza Car 'Wash project in the City of Tustin. The study was based upon information provided by you and your architect, discussion with City Staff,' field studies by our staff and standard reference data. PROJECT DESCRIPTION The project consists of a car wash _with gasoline service A total of three lanes are proposed through the gas pump area. All Vehicular access is planned to be on First Street. The site is located on the southerly side of First Street, easterly of Prospect Avenue and adjacent to the Post Office. In addition to the gas and wash lanes, seven off-street parking spaces are proposed.~ ...... .. EXISTING CIRCU~TION CONDITIONS First. Street is an east-west arterial with two lanes of traffic in each direction and median channelization. There is a raised median adjacent to the -site with left turns but-no U-turns Pem.!tted at tlte':'Post Office driveway to the east. To the west of the site, the intersection of First Street and Prospect Avenue is signalized with a t'wo phase operation. 2(.ir31 East Ch;~lmmn Avenue * Su~e !1() · Pullt. rl()n. (~i~lif'orntlx .~)'_'tiSI * (?14) ,%TI-2S)51 Prospect Avenue is a north-south arterial with two lanes in each direction plus left channel ization. To the south of First Street, the street narrows to provide one lane in each direction. The location of the Post Office adjacent to the site presents potential traffic concerns. Observations were made of traffic operations on First Street at the Post Office from 4:00 to 5:00 PM on a weekday. During this period 94 vehicles turned right into the Post ·Office and 60 turned left. In addition, 47 vehicles stopped on First Street for Post Office purposes. At times:, vehicles were stopped in front of the project site, but did not extend to the driveway. · In order to quantify traffic existing conditions, AM and PM peak hour traffic counts were completed at the First Street/Prospect Avenue intersection. These counts were utilized to complete Intersection · Capacity Utilization {ICU} analyses. {The ICU methodology and relationship of ICU to Level of Service is contained in Appendix A.) Appendix B contains the existing volumes and ICU analyses. The ICU analyses are summarized in Table 1... Review of Table 1 indicates an ICU value of 0.61 {Level of Service A) during the AM peak hour and an ICU value of 0.75 (Level of Service C) during the PM peak hour. These are · generally good traffic operational conditions. TRIP GENERATION Studies have been cbnducted by government agencies and cons'ultants to determine trip generation characteristics of various land uses. From this body of information, trip generation rates applicable to-this project were obtained ,and are listed in Table 2. As indicated in Table 2, the project is estimated to generate 900 daily trip ends with 40 occurring during the AM peak hour and 80 during the PM peak hour. .o It should be noted that these will not all be new trips. Some will be persons that utilize First Street for purposes such as the Post Office, shopping, eating or others and will also divert to the car wash. No reduction has ...been. made for__this "passer by" phenomena.for these analyses which results in a conservative or worst case analysis. Table i ICU SUMMARY First Street & Prospect Avenue PERIOD Existing __ . ICU/LOS( 1 ) Existing Plus Project AM Peak Hour 0.61/A PM peak Hour 0.75/C 0.61/A 0.77/C (1) ICU -- Intersection Capacity Utilization LOS -- Level of Service -4- Table 2 TRIP GENERATION PERIOD RATE(l) TRIP ENDS - --~ mi iii ii i J i _ Daily 900 ... 900 AM Peak Hour In 18 ' 20 Out 18 20 PM Peak Hour In 40 40 Out 40 40 (1) Trip Ends per Site Source: "San Diego Traffic Generators", San Diego Association of Governments, July, 1988. -5- TRIP ASSIGNMENT A trip distribution similar to that observed for the Post Office would be applicable to this project, This distribution was 60 percent west and 40 percent east. Due to the raised median on First Street, all trips into and out of the site will be right turns. This restriction also results in all trips to the site having to utilize the First Street/Prospect Avenue intersection. It has been estimated that 40 percent will approach from the north, 40 percent from the west and 20 percent from the south. For. outbound trips,..it is assumed that 20 percentlwill make U-turns east of the site with 10 percent going north on Pro. spect Avenue and 10 percent west on First Street, The AM and PM peak hour project traffic assignments to the intersection are contained in Appendix B. ANALYSIS ,, The AM and. PM peak hour ICU analyses at the First Street/Prospect Avenue intersection were recalculated with project trips added to existing. These analyses are contained in Appendix B and summarized in Table 1. As indicated in Table 1, the project would not be anticipated to change conditions during the AM peak hour and would increase the PM peak hour ICU value to.0.77 but the Level of Service would remain at C. The driveway geometrics were also reviewed to determine their adequacy to accommodate traffic flow in and out of the site. This review indicated · , that the proposed' 27 foot wide driveway could accommodate two-way traffic. In order to provide improved operations, it is recommended that a 30 foot driveway width be provided. Based upon observations of existing conditions at the Post Office, it. is not anticipated that operational problems will occur. The desire of some customers to-travel west from the site, may increase" U-turns at various locations along First Street, This condition is typical of a commercial area with raised medians. The projected trip generation from the project is not-.anticipated to result in a significant increase in this demand for · U-turns. - ........ SUI~,IARY This study has reviewed traffic factors related to the Proposed Tustin Plaza Car Wash. Existing traffic conditions were quantified to provide a basis for the study. Estimates were made of trips to be generated and the ability of the street- sx. stem._t_o.accommodate these ..tr. ips evaluated. Consideration was also given to the site access and traffic operations in the area. In general, it was found that the project would not impact traffic operations or safety. The following are principal findings of the study. . The intersection of First Street and Prospect Avenue currently · . has a ICU value of 0.61 {Level of Service A)during the AM peak hour and 0.75 {Level of Service C) during the PM peak hour. . . Current Post Office 'traffic queues do not extend to the project driveway location. The project would generate an estimated 900 daily trip ends with 40 occurring during the AM peak hour and 80 during the PM peak hour.. . With the project, there is no change in ICU values at First Street and Prospect Avenue during the AM peak hour while the PM ICU increases from 0.75 to 0.77 remaining at Level of Service C. 5. While the 27 foot driveway width is adequate, a wider driveway recommended. 6. No significant traffic operational problems are anticipated. · · MITIGATION MEASURES i _ The following is recommended to reduce potential traffic operational and safety problems. -7- The driveway should be widened from 27 feet to a minimum of 30 feet.* We trust that this study will be of assistance to you and the City of Tustin in processing of this project. If you have any questions or require additional information, please contact us. Respectful ly submitted, WESTON PRINGLE & ASSOCIATES Weston S. Pringle, P.E. Registered Professional Engineer State of California Numbers C16828 & TR565 WSP:hld ~890910 APPENDIX A EXPLANATION OF INTERSECTION CAPACITY UTILIZATION AND LEVEL OF SERVICE APPENDIX A EXPLANATION OF INTERSECTION CAPACITY UTILIZATION The capacity.~of a-.street-+s-nearly always greater'between'intersections and less at intersections. The reason for this is that the traffic flows continuously between intersections and only part of the time at intersections. To study intersection capacity, a technique known as Intersection Capacity Utilization {ICU) has been developed. ICU analysis consists of {a) determining the proportion of signal time needed to serve each conflicting movement; (b) summing the times for the movements;, and {c} comparing the total time required to the time available. For example, if for north-squth traffic the northbound traffic is"l,0OOvehicles'per hour,-~the southbound traff~ 'is 800 vehicles per hour, and the capacity of either approach is 2,000 vehicles per hour of green, then the northbound traffic is critical and requires 1,000/2,000 or 50 percent of the signal time. If for the east-west traffic, 40 percent of the signal time is required, then it can be seen that the ICU is 50 plus 40, or 90 percent. When left-turn phases exist, they are incorporated into the analysis. As ICU's approach 100 percent, the quality of traffic service approaches Level of Service (LOS) E, as defined in the Highway Capa. city Manual, Special Report 87, Highway Reasearch Board, 1965. Level of Service is used to describe quality of traffic flow. Levels of Service A to C operate quite well. Level of Service D is typically the Level of Service for which an urban street._is designed. Level of Service E is the maximum volume a facility can accommodate and will result in possible stoppages of momentary duration. Level of Service F occurs when a facility is overloaded and is characterized by stop-and-go traffic with stoppages of long duration. A description of the various levels of .service appears on the. following page. The ICU calculations assume that an intersection is signalized and that the signal is ideally timed. Although calculating ICU for an unsignalized intersection is not valid, the presumpti.on is that a signal can be installed and the calculation'shows'whether the geometrics are capable of accommodating the expected volumes· It is possible to have an ICU well below 1.0, yet have severe traffic congestion. This would occur because one or more movements is not getting enough time to satisfy.its demand with excess time existing on other moves. Capacity is often defined in terms of roadway width. However, standard lanes have approximately the same capacity whether they are 11 foot or 14 foot lanes. Our data indicates a typical lane, whether a through lane or left-turn lane has a capacity of approximatel.y 1600 vehicles per lane per hour of green time. The Highway Capacity Manual found capacity to be about 1500 vehicles per lane per hour of green for through lanes and 1200 vehicles per lane per hour of green for left-turn lanes. However, the capacity manual is based on pre-1965 data, and recent studies and observations show higher capacities in the southern California area. For this study a capacity of 1600 vehicles per lane has been assumed for through traffic, and 1600 vehicles per lane for turning lanes. APPENDIX A LEVEL OF SERVICE DESCRIPTIONS i Level of Nmninal Range Service Of ICU i i A Low volumes; high speeds; speed not restricted 0.00.- 0.60 by other vehicles; all signal cycles clear with no vehicles waiting through more than one signal cycle. ... B Operating speeds beginning to be affected by 0.61 - 0.70 other.traffic; between one and ten percent of the signal cycles have one or more vehicles which wait through more than one signal cycle during peak traffic periods. C Operating speeds and maneuverability closely 0.71 - 0.80 controlled by other traffic; between 1! and 30 percent of the signal cycles have one or more vehicles which wait through more than one signal cycle during peak traffic periods; reco~m~ended ideal design standard. D Tolerable operating speeds; 31 to 70 percent 0.81 - 0.90 of the signal cycles have.one or more vehicles which wait through more than one signal cycle during.peak traffic--periods; often used as' design standard in urban areas. E Capacity; the maximum traffic volumes an inter- 0.91 .- 1.00 section can accolm~odate; restricted speeds; 71 to 100 percent of the signal cycles have one or more vehicl~ which wait through more th~n one signal cycle during peak traffic peri.ods, .. . .. . .. F Long queues of traffic; unstable flow; stop- Not meaningful pages of long duration; traffic volume and traffic speed can drop to zero; traffic volume will be less than the volune which occurs at Level of Service E. m m t n i i i lml I _ ICU (Intersection Capacity Utilization) at various Levels of Service versus Level of Service E for urban arterial streets. APPENDIX B INTERSECTION CAPACITY UTILIZATION' ANALYSES Ii o ii ti II ---- Ii Ii L ,,J __1 Ii ~ :1 ~ Il II II .... II II 2~ II ~ Ii __JII ~ II .~ Il II (~ LLJ II ~ ~ II ~ II il ~ t.~J II ......................................... Ii ii ti :N~ .'IC ]leg ~ II II II LJ-j Il Il 11 ...................... ? ..... ';- .................................... II .................................................................. II II II II 11 Il I I ..................... r--- Il i I r'-.. r% l%,,,, , L/ ~ ¢'l'j ~ ,33 --1'* ~ ¢'.E.~ I..-~ (_'_'_'_'_'_'_'_'_'~J I I ~ I' ~ u"'a ~'.d "--. I I II Il I I ~---:) .~. II II II II ,! Il Ii II Il II II ----II II il II II Il Il C..~Il II I1' II II II ---- II II II II II II II II II II II II ---- II Il ,. II II · ,; Ii Ii ii II II ---- -- II IT.I.. (J'J II ¢;3I.J.J 16 I~ Z II II II I--- (../') II --~ ~ ('%i ~ ¢'..I x ¢ II L~ ....I I1 II 1---- II ~ 11 l.&J II ~ II ..1 t'-- ~.%T _.1 k--- ~ ..__J I'-- ~ _J I--,- L,j II ~ Z ~(J~ (.fl (.~ ~ i.l.~l ~.J..I 3 3 ~.~ I I It ---- r',- k.t.J ,q... .7-- k,d.J --,J ..--. Id.. I---- ¢/-~ 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 9ESOLUTION~NO. 2659 · · A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, DENYING CONDITIONAL USE PERMIT 89-25, A REQUEST TO AUTHORIZE ESTABLISHMENT OF A FULL SERVICE CARWASH LOCATED AT 240 E. FIRST STREET. The Planning Commission of the City of Tustin does hereby re.s~Ive as follows: . I. The Planning Commission finds and determines as follows: A. That a proper application, (Use Permit No. 89-25) has been filed on. behalf of Henry Kumagai-to establish a'5,000 square foot full service, carwash on the property located at 240 E. First Street and described as Assessor's Parcel No. 401-581-001. B. ' Tha't a public hearing was duly cal.led, noticed and held on said application on August 28, 1989. 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: -- lo The use applied for is not an outright permitted use within the "Commercial as Primary Use" designation of the First Street Specific Plan and is only authorize~l subject, to granting a conditional use permit which is a discretionJry action. e The proposed use is inconsistent with the policies objectives of the First Street Specific Plan in that the proposed project site wOUlld not be developed with "primary" retail uses nor provide an optimum pedestrian environmen~ as encouraged by the First Street Specific Plan. The proposed use would further establi'~h and' reinforce tile existing automotive scale and character of First Street which is discouraged by the First Street Specific Plan. The proposed use would not be the "best" use of the property given the high development potential of the site as indicated in the First Street Specific Plan and given the high development potential of the site as indicated in the First Street Specific Plan.and given the inability to fulfill the desired pedestrian scale and. retail uses encouraged by the First Street Specific Plan. E. A Negative Declaration has been prepared in accordance with the California Environmental Quality Act. ATTACHMENT A 1 2 3 4 5 6 8 9 10 11 12 13 14 15 17 18 19 2O 21 22 23 24 25 26 27 28 Resolution No. 2659 August 28, 1989 '~ page two II. The Planntng Comnrisslon hereby denies Conditional Use Permit No. 89-25, a request to authorize establishment of a 5,000 square foot full servtce carwash on the property located at 240 E. First Street,' PASSED. AND ADOPTEO--.at-a regular'meeting of the Tustt'n Planning Commission, he1d on the c~):~ ~-, day of _ (~~~ ~ , 1989. -~ . ~ · .,// '/ lESLIE' ANNE'PONTIODS~ Chairman RecOrding STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, PENNI FOLEY, the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission of the City.of Tustin, California; that Resolution No. ~-~.~-~ was duly passed and adopted at a ~lgular meeting of ' the T_ustin Planning Commission, held on the ~~X-day of ~_.?~.~.~.~a_/--~ , 198_~. . " ,~ ... PENNI FOLEY Recording Secretary McCOLLOUGH &ASSOCIATES ARCHITECTS 17500 Red Hill Avenue/Suite 230 Irvine, CA 92714 (714) 660-0264 FAX 17141 757-0472 September 1, 1989 RECEIVED City of Tustin 300 Centennial Way Tustin, California 92680 Subject: Conditional Use Permit 89-25 and Desi.qn Review 88-66 Gentlemen: We hereby request an appeal to City Council of Planning Commission Resolution No. 2659 denying Conditional Use Permit 89-25 on August 28, 1989. In our opinion, the Commission did not have a clear understanding of the number of employ- ees operating a fully automated car wash or the amount of traffic generated by the car wash in spite of information provided in the present, ation and in the traffic report. We are prepared to present additional data to support our position, on .the circulation and traffic issues, and we believe the--Cburi'~'il wil-I '}~e able to arrive at a fair decision in this matter. We understand that we have the right of appeal under city ordinance, and we would like to schedule a hearing at the earliest date possible. Thank you for your assistance in this matter. Very truly yourS," Henry Kumagai ATTACHMENT B Planning CommisSion Minut.~ August :?8, 1989 Page thirteen 7. Condition.al Use Permit 89-25 and De.si~)n Review, 8.8-.6.6 (..Kumagai..) APPLICANT/ OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: MR. HENRY KUMAGAI !9021 CANYON DRIVE VILLA PARK, CA 92667 240 E. FIRST STREET C-2 (CENTRAL COMMERCIAL)/FIRST STREET SPECIFI~ PLAN REQUEST: A NEGATIVE DECLARATION HAS BEEN' PREPARED IN CONFORMANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. AUTHORIZE ESTABLISHMENT OF A FULL SERVICE CARWASH Recommendation: It is recommended that the Plann'ing Commission either: 1) Certify the final "Negative Declaration for the project as adequate by adoption of Resolution No. 2658; and 2) Either approve Conditional Use Permit 89-25 by adoption of Resolution No. 2659 or deny Conditional .Use Permit 89-25 by adoption of Resolution No. 2659(d). Presentation: Daniel Fox, Associate Planner Commissioner Shaheen asked if the Post Office had been approached regarding its expansion Dla'ns; he noted that the Post Office may not be large enough to handle the gro~h in East Tustin, and they may have .an objection to having a car wash at that location. The Director replied that as part of the public notification process, they notify properties on the Assessor's rolls, but the Post Office is only a tenant on the land where it is located. The Post Office has expressed needs for expansion and there are conditions for an annex site on E1 Camino Real west of Myford Road for future consid- eration. However, the expansion needs of the Post Office should not be the basis of the decision, but the goals and objectives of the First Street Specific Plan relative to the findings and issues of the staff report. The City Attorney felt.that the Commission should confine the issues to the First Street Specific Plan; that they should not go out of those bounds to determine what the Post Office may do in the future. Commissioner.Kasparian asked what the point was of sending letters to resident . within' 300' feet if not to notify people of a pending project and the possible impacts. The City Attorney-replied that the factors that needed to be considered are those set forth in the First Street Specific Plan. Commissioner Kasparian felt tih;nto,reaS a Planning Commission looking at the total picture, it was di'fficult, to the impact of East Tustin unless they know that there is a future availability of land for a new postal facility; and if the Post Office was prohibited from building facilities elsewhere, there may be a real ~roblem. ATTACHMENT C Planning Commission Minut~ August 28, 1989 Page fourteen The Director noted that it was important to recognize 'the'needr for postal services, but relative to this application, they should consider: 1) whether this development is appropriate and feasible, and when integrated with the rest of the development on this block, contribute to the improvement of that area; and 2) does it improve the site circulation between properties and the other goals and objectives which balance maximum development-~.with, compa~i-b-le-~ses"-a-s' required by the-First Street Specific. Plan. Commissioner Shaheen asked how many cars they anticipated washing each day. Based upon th'e 'st~aff report, he felt that it would be a lot of traffic in and out of a 30 foot frontage; and asked how much frontage and depth does the property have. Staff replied that a traffic report was prepared, and indicated .that based .upon facilities of this' nature and size, it coul~l be anticipatea t°-)~ave up to 900 vehicle trips per day. It broke down to 40 trips during the morning and evening peak hours and distributed the rest throughout the day, with Saturday afternoon being the heaviest. In general, a car wash generates 50% more l:rips than a service station wou 1 d. The Director replied that the lot was approximately 110 by 200 feet. Staff noted that this is a small piece of property for'this type of facility, which is evidenced by the site plan, in that they--have not been able to provide a secondary access, it is a very tight facility, there is not enough stacking area for drying the vehicles, and there is not a large entrance stacking area. Commissioner Shaheen asked if there has been an ~ttempt by the applicant to gain access to the rear of the property. Staff referred the question to the applicant. Commissioner Kasparian asked what the Intersection Capacity Uti. lization (ICU) figures W'oluld be; and if it Would change if this business was approved The Director replied t~a't"the ICU at First and Prospect was .61 during a.m and .75 during p.m. peak hours. The Traffic Report suggests that the ICU figures would not change during a..m. peak_hours, but woul.d=L~e~ease from .75 to .77 during p.m. peak hours. It would remain at Level of SerVice "C"'-,-which presently exists in the area {Summary finding No. 4 of Traffic Study}. Commis. si.oner Shahe~n asked what the traffic count was on First Street at'that point. The Director replied that it was in Appendix B of the report and was broken out by movement. · · The public hearing was opened at 9:05 p.m. P1 ~nning Commi ssion'Minut~ August 28, 1989 Page fifteen Dennis McCul.l. ou~)h, project architect, noted that they are fully aware of the Commis's"ion's concerns towards auto use along First Street, and that most of the concerns are justified. He noted that Mr. Kumagai is presently a businessman in Tustin who wants to continue to do business within the City and feels so strongly about the potential for this business in this area that he is willing to comply with all of the conditions. They feel that they have addressed most of the concerns of' the staff in providing a facility that is compatible and is a good neighbor to all of the other establishments along First Street..He feels that.the design would function well for Mr. Kumagai. Regarding inter-site circulation, it was considered, but since they are only open on the south and east, the through circulation was not possible. They would have liked .an entrance from the southeast, they felt, that· although it would benefit the car wash, they would be unable to provide a benefit to the Post Office after they take away three parking spaces. Commissioner.Pontious noted that, regardless of her decision in the matter, she felt that it Was an ou'tstanding piece of architecture. Commissioner Kasparian asked if there would be a maximum of seven {7) employees, and asked'"fOr a clarif(16ation of their positions; and how many cars could be in the car wash at any one time. 4r. McCull..ough replied that the car wash was fully automated, the gas pumps were se'if-service, there would be two {2) attendants vacuuming, one {1) at cashier station {which would be the manager), and four ~(4) drying. Recognizing their limited room, the idea was to have most of the employees drying So as to expedite the exit of customers; and there would be two {2) cars in the facility at one time. Commissioner Kas~arian asked how two cars at one time could equal 900 cars per day; and if i't woul~ be' Iopen seven (7) days per week. · Mr. K.uma~)ai, the owner, stated that there could be four (4) cars in at one time, but it is not large enough to clean 900 cars per day; he felt that 900 per day was proposed as a maximum by the Traffic Study; and that the hours would be 8:00 a.m. to 5 or 6:00 p.m. sev. en (7~) days per week .... , ............ ~ . Commissioner Le Jeune stated .that he was concerned with the numher of people on si~'e.' Ne' felt that based upon comparison with other car wash facilities, it was not unusual to have ten or twelve people working at one time. Commissioner Ka.sparian asked if a gas station and car wash would be subject to dif- fe'rent'"safety regulations than a gas station only; and does self-serve pose any probl ems. The Director replied that they would still have to comply with all regional require- ments of AQMD, vacuum recovery, fire department and water control, and sanitation district for discharge of industrial waste; and that self-service would not matter, hey still .have to comply with the requirements. Commissioner Kasparian asked if the number of parking spaces for seven (7) employees was addressed; and suppose the applicant actually has ten employees. Planning Commission Minutes August 28, 1989 Pa ge s.i xteen . ...... The Director replied that the number of employees on site was provided by the appli- cant. The staff then referred to a publication, The Zoning Bulletin, which provided the' standards for car washes. The City does not currently have a standard, but the publication had done a nationwide survey. The Commission can clarify in the Resolution limiting the number of employees on the premises at any one time. Commissioner Kasparian asked if. the applicant would be able to comply with conditions limiting the numbe'r" of employees on the site at any one time based upon the number of parking spaces available. Mr. Kumagai r~plied that they could rent parking spices in the adjacent parking lot, if' "n'eedec]. "He noted that' he was' also considered-purchasing adjoining property for an exit. Commissioner Pontious asked if they could'limit the number of employees to seven (7) given the'present c6nfiguration and that any additional employees would be contingent on the applicant s'ecuring additional parking spaces. The Director-noted that she would create language for this issue, as moved. Co. mmis.sio, n. er' K.aspar. i.an asked if the applicant was leasing or buying the property. Mr. Kuma~ai replied that he had purchased tee land about one and one-half years ago. Pete Dwin~er, construction consultant, commented that the goal was to meet, as closely as possible, the First Street Specific Plan goals. As shown in the architec- tural model, they achieved the goals with extensive landscaping, shielded the First Street traffic and public from the operation, the pedestrian amenities, and client comfort. They addressed the sound attenuation problems by enclosing all of the equipment within the building and the air conditioning in a well within the roof, and provided a neighbor-friendly project. Mr. Kumagai will be the owner-operator of the facility, providing pride in ownership and maintenance. He has been in the auto business his entire life. He wanted to develop this property as a car wash, and as a first class project as an asset to the First Street area and Tustin in architectural design and as a revenue-generating facility. The public hearing was closed at 9:20 p.m. C.o. mmi.ssioner Shaheen noted that the architectural design was beautiful and would be appropriat'e in a number of areas. This area, however, is not appropriate: the access is bad, it conflicts with the Post Office, it precludes good traffic, conflict with the islands, and it does not have enough square footage to be effective. In his opinion, it would require 45-50,000 square feet to have an effective car wash. There should be other accessibility besides the First Street frontage. He did not think it would wo'rk in that location. qo_._mmi..ssioner Le Jeune noted that discretionary items were the most difficult for the 2ommission to deci'de upon. However, they have to make the determinations based upon the First .... Street Spe~:.ific.. Plan goals._._.He commended the architectural design, but was concerned with the traffic, and that it was placed very close to the corner. He felt that it was not the proper use of that lot. Commiss.i oner Kaspari an concurred. Planning Commission Minute. August 28, 1989 - Page seventeen Commissioner Pontious commented that it was a difficult decision, that she was impressed With the presentation, but she referred the applicant to the City 'Council for appeal. The Director commented that the applicant has been tremendously cooperative and very responsive to the gu_i._delj, nes, ................... Commissioner Le Jeune moved, Kasparian seconded to deny Conditional Use Permit 89-25 by' the adoption of Resolution' No. 2'659. Motion carried 4-0. NER: ON: ING: R. UEST: DAVID LI CO 230.10 LAKi DRIVE tTE E HILLS 92653 MR MELVI. iLILLI B. SCHMEL RST STREE1 FIN, KI TH H. T, ET. AL 440 FIRST EET TUSTI ',A C/0 MR )OD AND 6 FIR STREET PUD ( RAL IAL- '.FIC PLA~ 2) 3) R THIS PROJ IN CONFOR NTAL QUA[ ACT. A fE DECLA ION HAS ANCE W) 'HE CALI NIA ENVIRO ) A RE( ST TO ND THE F STREET ECIFIC PLAN ,ND USE DESIGN~ )N ON PROPERTY )CATED AT 40 W. EET FROM " AS PR RY USE" TO AL Y USE" REQUEST DEVEI BONUSEE 'HE FIRST IFIC PLA) DEE REVIEW R A !5 SQUARE RETAIL LOCATED ion olutic ati It is rec( :nded tha ~he P1 ing Commissi Recommend certifi- 1 Negati arati for t project to City Council by of Reso on No. 266~ .,n( prova f Zone Chang~ )-02 to the City adoptio ~ Resolutiol 2667; App Development nuses pursuant rst Street ecific Plan ~d appro Desi~ view 89-52 b~._adootion of . 2668, a. bmitted or ised. ion Daniel Fox, ociate Pla~ oner Sh( asked i was a barrier b~ the two ', )wn on site p 'procal with 7-11; and if ldings; ~d asked about the barrier ff replie, hat' as ondition ol a( ~ement, but pres there is o~ d function a si th, that would remain the pre . roval, would need to be a reciprocal a tentative agreement with 7-11; the site was no barrier, only the large Jacaranda