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HomeMy WebLinkAboutOB 2 CUP 89-25 10-16-89 ~ /~ 10=16=89 Inter- Com 3ATE: OCTOBER 16, 1989 TO: FROM: SUBJECT: WILLIAM A. HUSTON, CITY MANAGER COMMUNITY DEVELOPMENT DEPARTMENT APPEAL OF PLANNING COMMISSION ACTION, CONOITIONAL USE PEI~IT 89-25 AND DESIGN REVIEW 88-66 j RECOMMENDATION Certify the final Negative Declaration for the project as adequate by adoption of Resolution No. 89-159 and adopt Resolution No. 89-139 conditionally approving Conditional Use Permit 89-25. BACKGROUND The City Council at a regular meeting on September 18th continued an appeal hearing on the Planning Commission's denial of Conditional Use Permit 89-25 and Design Review 88-66, a request to authorize establishment .of a 5,000 squa6e foot full service carwash to be located at 240 E. First Street. 'The matter was continued to enable the Planning Commission to review site modifications proposed by the applicant to the Council which were not originally reviewed by the Planning Commission and for the Planning Commission to review and prepare a list of potential conditions of approval for use by the City Council. ' On October 9, 1989, the Planning Commission reviewed the proposed site modifications and forwarded a list of potential conditions of approval for Council consideration as requested. These conditions are contained in Exhibit A of Resolution 89-139. DISCUSSION The applicant presented several revisions to the City Council from the plans originally reviewed by the Planning Commission. The Planning Commission has had an opportunity to review the proposed modifications which included the addition on the site of 2 parking spaces for a total of nine spaces, increasing the driveway width from 27 feet to 32 feet, and enlarging the front building setback from 60 feet to 66 feet. The increased setback area, as well as the installation of a second drying machine in the wash tunnel, will help to better facilitate stacking as vehicles exit the wash tunnel. J City Council Report Appeal CUP 89-25 and DR 88-66 October 16, 1989 Pa ge two In light of traffic related concerns associated wi th the project, additional information was also provided by Pringle & Associates for an addendum to the Traffic Report prepared July 3, 1989 (Attachment I). This addendum provides additional information related to U-turn movements on First Street, on-street parking conditions, and driveway width as requested by the City's Traffic Engineer. Applicable mitigation measures have been included in the list of potential conditions of approval for Council consideration as a result of this addendum. Please refer to the City Council staff report dated September 18, 1989 for a more complete--discussion on the project as previously presented to the City Council (Attachment II). As directed by the City Council at their meeting on September 18th, please find attached Resolution No. 89-139, which would approve Conditonal Use Permit 89-25. The resolution contains conditions of approval for the project which have been reviewed by the Planning Commission. - baniel Fox'm, / -- Acting Senior Planner DF 'CAS 'kbc Attachments' Resolution No. 89-139 Resolution No. 89-159 Negative Decl arati on Attachment I Attachment I I i Community Development Department 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 23 ~4 25 26 27 28 RESOLUTION NO. 89-159 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CERTIFYING THE FINAL NEGATIVE DECLARATION AS ADEQUATE FOR CONDITIONAL USE PE..~MIT 89-25 AND DESIGN REVIEW 88-66, 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: Ae The request to approve Conditional Use Permit 89-25 and Design Review 88-66 are considered "projects" pursuant to the tcrm. s of the California Environmental Quality Act. B. A Negative Declaration has been prepared for this project an~ has been distributed for public review. C. Whereby, the Planning Commission and the City Council of the City of Tustin have considered evidence presented by the Community Development Director and other interested parties with respect to the subject Negative Declaration. D. The City Council has eyaluated the proposed final Negative Declaration and determine~ it to be adequate and complete. A Final Negative Declaration has been completed in compliance with CEQA and State guidelines. The City Council, having final approval authority over Conditional Use Permit 89-25, and Redevelopment Agency having final approval authority over Design Review 88-66 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 project could haiFe a significant effect on the environment, there will not be a significant effect on it in this case because mitigation measures identified in the Negative Declaration have been incorporated into the project which mitigate 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 of Resolution No. 89-139, incorporated herein by reference. PASSED AND ADOPTED at a regular meeting of the City Council held on the day of , 1989. R~.EY WYNN, City Clerk DRS(JLA- E~ - KENN~, Mayor 6 7 8 9 10 11 12 13 14 15 16 17 18 i9 2O 21 23 24 25 26 27 28 RESOLUTION NO. 89-139 A RESOLUTION OF THE' CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 89-25 AUTHORIZING 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 proper applications, (Conditional Use Permit No. 89-25 and Design Review 88-66) have been filed on behalf of Henry Kumagai to authorize establishment of a 5,000 square foot full service carwash on the property located at 240 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 and Design Review 88-66. -- C. That an appeal of the Planning Commission's action has been filed by Henry Kumagal. , · ~o D. That a public hearing to consider the appeal of said application was duly called, noticed, and held on September 18, 1989 and continued to October 16, 1989. E. 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 fi ndi rigs: 1. The use applied for is a conditionally permitted use within the "Commercial as Primary Use" designation of the First Street Specific Plan. 2. The proposed use would provide for the implementation of various goals and objectives of the First Street Specific Plan by providing a pedestrian element along First Street despite the auto oriented use as a carwash. 3. The auto oriented aspects of the use would be predominately screened from view due to site design and the perimeter screen wal 1. Fe A Negative Declaration has been prepared in accordance with the California Environmental Quality Act. 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 23 24 26 27 28 Resolution No. 89-139 page two I1. The City Council hereby approves Conditional Use Permit No. 89-25 to authorize establishment of a 5,000 square foot full service carwash subject to the following conditions contained in Exhibit A attached hereto and incorporated herein by reference. PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on the day of , 1989. Mayor MARY WYNN, City Clerk RESOLUTION NO. 89-139 EXHIBIT A CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT 89-25/OESIGN REVIEW 88-66 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted site plan for the project date stamped October 16, 1989 on file with the Community Development Department, as herein modified, or as modified by the Director of Commbnity 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 a building permit for the project, subject to review and approval by the Community Development Department. 1.3 Use permit approval and Design Review approval 88-66 shall become null and void unless all building permits are issued within 18 months of the date on this exhibit and substantial construction is underway. Extensions may be granted by the Planning Commission if a request is received in the Community Development Department 30 days prior to the expiration date or the 18 months. PLAN SUBMITTAL 2.:1 At building p]an check, three sets of construction level plans shall be submitted as fol (3) A. Construction and grading plans, structural calculations for structures, buildings and tank installation 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 Heal th Care Agency, and Orange County Sanitation District shall be met. (3) B. Provide preliminary technical detail and plans for all utility installations. Additionally, a note on plans shall be included stating that no field changes shall be made without corrections submitted to and approved by the Community Development Department. SOURCE CODES i (1) STANDARD CONDITION (2) ENVIRONMENTAL MITIGATION (3) UNIFORM BUILDING CODE/S (4) DESIGN REVIEW *** EXCEPTION (5) SPECIFIC PLAN (6) RESPONSIBLE AGENCY REQUIREMENT (7) LANDSCAPING GUIDELINES (8) PC/CC/ POLICY Resolution 89-139 Exhibit A October 16, 1989 Page two NO ISE (1) 3.1 All requirements of the City's Noise Ordinance (Chapter 6 of the (2) Municipal Code) shall be met at all times which in part requires noise levels not to exceed 60 dBa at any time. PARKI NG/C I RCULATI ON (1) 4.1 All vehicles that are not in the process of being washed shall be parked (4) within a designated parking space. (1) 4.2 All vehicles once dryed and finished with the wash process must exit the (4) site or be parked in a designated parking space. (1) 4.3 A total of nine marked parking spaces shall be permanently 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 car wash detailing activitioes s,hall be condu, cted', within designated (4) parking spaces. *** 4.6 Notices shall be posted on the site requesting that all patrons please remain on the premises until the vehicle is finished. Exact copy and location of such notice shall be reviewed and approved by the Community Development Department with the final working drawings. *** 4.7 A "right turn only" sign shall be posted on the inside of the front perimeter wall for exiting traffic. Exact details and location of said sign shall be reviewed and approved by the Con~nunity Development Department with the final working drawings. WATER (2) 5.1 A waste water system shall be provided to reduce chemicals, grit, and sludge draining into the public sewers from the wash tunnel drainage. 5.2 All surface drainage areas shall be connected directly to the public sewer or storm drain system, whichever is applicable subject to approval of Sanitation District. (2) 5.3 A drainage grate shall be provided across the entrance/exit approach to ensure all water is collected on site and no water drains across the public sidewalk. DETAILING *** 6.1 No detailing activities shall be permitted on the site as no specified detailing areas are identified on the plans. Any proposal for detailing would require Planning Commission review and amendment to the subject use permit and design review. Resolution No. 89-139 Exhibit A October 16, 1989 Page three LANDSCAPING, GROUNDS AND HARDSCAPE (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 a summary table applying indexing identification to plant materials in their actual location. The plan and table shall list botanical and common names, sizes, spacing, actual location and quantity of the plant materials proposed. Show planting and berming details, soil preparation, staking~, etc. The irrigation plan shall show location and control of backflow prevention devices, pipe size, sprinkler types, spacing and coverage. Details for all equipment shall be provided. Show all property lines on the landscaping and irrigation plans, 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 adequacy of coverage of landsca,ping and irrigation materials and replacement of existin~q landscaping in poor condition with new landscaping is subject to field inspection at project completion by the Department of Community Development. 7.2 Additional canopy trees shall be added to along the east property line and the front 60 feet of the west property line, proportionally spaced consistent with the rear elevation. 7.3 Earth mounding along the Firs.t Street frontage as well as special attention to the entrys of the project shall be addressed {i.e. decorative paving, variety of color in landscaping). A complete, detailed sign program including design, locations, sizes, colors and materials shall be submitted for review and approval by the Community Development Department. The sign program shall include project identification, addressing and directional signs to direct autos to proper access, parking and loading. ! BUILDING/SITE (5) 8.1 The overall building height shall be reduced to not exceed a height of 18 feet. (1) 8.2 The mechanical equipment well shall be designed so that all mechanical (4) equipment is located a minimum of 6" below the top of parapet. (2) 8.3 The driveway shall be increased in width from 27 feet to 32 feet. *** 8.4 A second drying machine shall be included within the wash tunnel. Resolution No. 89-139 Exhibit A October 16, 1989 Page four (2) 8.5 No on-street parking shall be permitted adjacent to the subject site. The curbs along the entire street frontage shall be painted red and posted'"no parking" per City standards. FEES (6) 9.1 Prior to the issuance of any building permits, payment shall be made of (1) all required fees including' A. Major thoroughfare and bridge fees to Tustin Public Works Department. B. Orange County Sanitation District No. 7 fees to the.Sanitati°n District. C. East Orange County Water District Fees to the Water District. D. New development fees to-the Community Development Department. E. All applicable plan check and building permit fees to the Community Development Department. ,' F. School Facilities Fees to the T~stin Unified School District. c ,o :- Weston l_' rlnglle' & A September 29, 1989 ssociates TRAFFIC & TRANSPORTATION ENGINEERING Mr. Henry Kumagai 19021 Canyon Road Villa Park, CA 92667 Dear Mr. Kumagai: Additional work has been completed in response to the letter you received from the City of Tustin, dated September 26, 1989 relative to CUP 89-25. The additional information and responses are contained below and correspond to the question numbers, in the 9/26/89 letter. 1. Eight vehicles would be expected to be making eastbound to westbound U-turns during the PM peak hour. These turns are expected to be made at Hall Circle or Centennial Way. Estfmates indicate foUr U-turns at both Hall and Centennial. These volumes are not expected to create a significant impact. The AM peak hour and noon hour impacts would be less than the PM peak hour. Since the PM peak hour is not expected to experience adverse impacts, the AM a~d noon peaks are expected to have acceptable operations as well. The AM peak would have two U-turns each at Hall and Centennial. , . · , · 2. A westbound to eastbound U-turn can not be made at Prospect Avenue but can be made at E1Camino Real. It is expected that a maximum of two and four vehicles would make U-turns at E1 Camino Real, during the AM and PM peak hours, respectively. These volumes would not be expected to create significant impacts. A 7TA CHMENT I 21i51 East i:hapmail :'xvcnuc * Suile 11{) · Fullermn, Califi)rnla 921:~31 * {714) ,%71-2.~131 3. A figure has been attached to this letter illustrating the proposed project AM and PM peak hour volumes. 4. Two hour parking currently exists along the proposed project frontage. The applicant is willing to have the parking along his frontage prohibited (red curb), in conjunction with his project, to.increase sight distance and better facilitate inbound and outbound movements. This would also be expected to improve eastbound ingress to the post office site. 5. The report recommended a 30 foot driveway to improve operations, over a 27 foot driveway. In the City Council meeting the applicant offered to provide a 32 foot driveway which would be even more desirable. The wider driveway would serve to better facilitate ingress and egress movements. We trust that this additional information will be of assistance to you and the City of Tustin. If you. have any questions please do not hesitate to call us. Respectfully submitted, WESTON PRINGLE & ASSOCIATES Weston'S. Pringle, P.E. WSP:hld #890910 13:: W WW W ~-- Z W Z Z W .... 9-18-89 _ _ Inter- Corn "ATE: SEPTEMBER 18, 1989 TO: FROM: SUBJECT: WILLIAH A. 'HUSTON, CITY MANAGER COMMUNITY DEVELOPHENT DEPARTMENT APPEAL OF PLANNING COHIqISSION ACTION, CONDITIONAL USE PEi~IT 89-25 AND RECOMIq£NDATION __ It ls recommended that the C'lty Council uphold the Planntng Comml ssion action to denny''' Conditional Use Permit/Design Review 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 denying Conditional Use Permit 89-25/Design Review 88-.66, a proposal to authorize establishment of a 5,000 square foot full service car wash to De located at 240 E. First Street (Attachment. A). The applicant has appealed l~he decision of the Planning Commission.to the'-City'Council 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" Uesignation 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 is presently vacant. Surrounding uses include the Tustin 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. A TTA CHMENT H Planntng Commission Report Design Review 88-66 September ].8, ].989 Page ~o DISCUSSION General - Submitted development plans propose construction of a 110' x 46' t~uildi~g to be located on the easterly portion of the site perpendicular to First Street.- Building improvement would include an enclosed carwash tunnel and applicable carwash equipment, waiting and cashier area, office, storage room, employee room and restrooms. A fuel pump and vacuum area is proposed to the west of the building to be covered by a wood trellis structure: Anticipated hours of operation of the facility would be 7:00 a.m. - 6:00 p.m. No detailing area has been identified on the plans. Access to the project site would be provided by a 27 foot wide driveway along First Street. Vehicles would pull forward to the fuel pumps and vacuum station and enter the wash tunnel from the south end of 'the property. Vehicles would then move north through the tunnel and enter the open drying area in the northeast corner of the site. Staff as well as the Planning Commission were .-oncerned that there may not be a great deal .of room for vehicle` stacking as cars ._ exit the wash tunnel.., Zoning R.e. qulrements - The project complies with all development standards for l~h~ .First Str~et Specific Plan, with the exception of building height. The "Commercial as Primary Use" designation of the First Street Specific Plan requires a minimum 10 foot front yard setback, zero foot side yard setback, and a 20 foot rear yard setback. The prop,osed building is setback 60 feet from First Street with a 10 foot front yard setback from the proposed screen wall to be constructed parallel with First Street. The building would be situated 5 feet from the easterly property line and 5'-10" from the westerly property line with a 45 foot rear yard setback. While the maximum building height is 1 story and 18 feet, project plans propose a hetght of 1 story and 20 feet. Any,. conditions of approval-would require the reduction in building height for the. project to a maximum of 18 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 ;ire. The applicant has indicated that a maximum of 7 employees would be on the site at any one time. Community Development Department Planning Commission Report Design Review 88-66 September 18, 1989 Page three Circulation and' AcceSs - Carwashes typically generate a high rate of traffic in ~spect to the square footage 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 p~oject would be provided by a 27 foot wide driveway along First Street. 0nly 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'- th'e"proposed access driveway be increased from 27 feet to 30 feet to facilitate more efficient ingress and egress from the st re' s one driveway. · Architecture - The applicant has done a commendable job in designing the architectural aspects iof 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 wh_ich would also be covered with a trellis. The proposed materials include the use of a 3 color clay "S" roof tile (tan, orange, brown) brown ~;~'dod. trim, light salmon stucco and dark salmon stucco trim. As mentioned previously, the overall height of the building needs to be reduced from 20 feet to 18 feet' to satisfy the development standards of the First Street Specific Pl'an. 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 Destgn Revtew 88-66 September ].8, ].989 Page four Landscaping and Hardscape - A conceptual landscaping plan has been included on the g)te planI. HOweVer, SPecific planting materials, quantities, and sizes 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 provided along the east and west sides of the property, as well as alon. g 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 provide~q,. along First Street outside the perimeter wall. Althoug'h the landscaping plan is conceptual, it provides for a well landscaped site. Final and precise landscaping and irrigation plans would ne~ to_ be-prepared in 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 with terra cotta interlocking paving. A six foot high blockwall 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. Appropriateness of Use - Over the past few--yeart, staff, the Planning Commission, and the City'~CounCi~l hav& 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 th'e 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 first 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 within 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 · i Planntng Commission Report Design Review 88-66 September 18, 1989 Page fl ve Encourage new development which ls appropriate and feaslble and which can be effectively Integrated and located to contribute most to the overall Improvement to the area. The subject site is Identified in the Specific' Plan as a site that would be subject to new development. A carwash use may not'be the most appropriate use in this location given the high potential in the viclnity of the site for consolidated development and the multitude of other retall commercial uses that cou. ld be permitted on the site. In light of the concern over auto oriented 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 is to achieve an overall positive identity for the Specific Plan area. While there is concern over the auto oriented 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 is land use). C. To create a 'pedestrian friendly' envlronment~ with the use of pedestrian arcades, plazas, 'and '' store fronts along First Street frontage. 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 propose.d 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. D. [~rove site circulation between properties and maximize pedestrian access. The proposed project does not make any provisions for any type of circulation between properties as encouraged by the Specific Plan. Customers of the carwash must exit the site onto First Street to access adjacent properties and the alley to the south. T~h,e,. existing parking area and access from the Post Office and alley to Prospect Avenue would .remain as existing -as this area would not be affected by th..e pro je_c_t E. Promote the best use of property which balances maximum development with co~attble uses. Exhibit 2 of the First Street Specific Plan identifies this site as a new development site, since it is vacant and can be designed from the ground up. The proposed carwash use may not be the best use of property due to the inability to provide and implement the various goals and objectives of the First Street Specific 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 September [8, 1989 Page six Planning Commission Action - On August 28, 1989, the Planning Commission reviewed ~)~i~ item a~d ad'oPteu ReSolution No. 2659 to deny Conditional Use Permit 89-25/Design Review 88-66. A copy of the minutes from that meeting are included in Attachment C. The Planning Commission, in making their decision, identified inconsistencies with the goals and objectives of the First Street Specific Plan and incompatibility with aUjacent uses as noted above as the primary reasons for the action of denial. The Commission also noted concern that the limited ,site size further compounds the concern related to circulation and compatibility with adjacent uses. CONCLUSION A project to establish a carwash use at this location does not fully implement policies, goals, and objecti.ves 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. · Associate Planner CAS'DF 'kbc Christine 'A. Shi ngl e/~n - Director of Communi4~ Development Community Development Dep~art'ment NEG, 'IVF DEC,LARk. ION · c T¥ TUSk'S. 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 · · 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 Envl6onmenta] Quality Act, and on the basis of that study herebyl' lin'd: That there, ts 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 occ[Ir. ' Said revlsions-'are attached to'and hereby made a part of this Negative Declaration. IGN REVI] · Therefore, the preparation of an Environmental Impact Report is not required. i i The initial study which provides the basis for this determination is on file at the Community Development Department, Ci.t'y 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. REYIEW PERIOD ENDS 4'30 p.m. on AUGUST 28, 1989 DATED: AUGUST 21, 1989 -- Community Development Director · " CITY OF TUSTIN C~...,lunity Development Department ENVIRONMENTAL INiITIAL STUDY FORM 2. Addre~ and Phone Number of Proponent 3. Date of Checklist Submitted ,,c~k)C_?~'V' .~_~¢~. )¢~c~ Ag~,ncy R~uiri~ Ch~li~ ~l~ ~ ~STt~ '- 5. ~of pr~l, if a~ii:le CaF ~-~/~ ~-~ ., . . (~lm~i~s of all '~es" a~ "m~e" angers are r~uired on attach~ sh~t~) Earth. Will the proposal r~uit a. Unstable eord~ conditions or in changes in geologic substructures? b. Disruptians, displacements, compaction or overcovering of the ~oil? c. Chc~ge 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 ' soilst either on or--off ti~e site? f; ..Change. s. i.n deposition or eros/on 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 bay, inlet or lake? g. Exposure of people or property to geolo- gic hazarcL~ such as earthquakes, Iondslicles, mudslides, ground failure, or similar hazards? Air. Will the proposal result a. Substantial air emissions or deterioration' of ambient air quality? b. The creation of objectionable odors? .. c. Alteration of air movement, rnoisturet or temperatures or any change in climatet eithe~ locaJly or regionally? Water. Will the proposal result im a. Changes in currents~ or the course of di- rectim of water movements~ in either marine or fresh waters? b. Changes in absorption rates~ drainage pat- terns~ or the rate and amount of ~urface runoff? c. Alterations to the course or fl~w of flood · waters~ . · .-~ .......... · .. d. Change in the amount of ~urface water in. any water body? e. Discharge into ~u-tfac~'"watem~ or in any alteration of surface water quality~ in- cluding I~t 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 w'ith- drawals, o~ through interception of an aquifer by cuts or excavations? h. Substantial reductim in the amount of water otherwise available far public water _supplies? Exposum of people or property to water re- lated hazards such as flOOding ar tidal waves? · , .0 .j 5 Se Plant Life.. Will the proposal result in= a. Change ;in the diversity of species, or r~Jmber of. any speciea of plants (including tr~-~, shrub~, grass, crops, and aquatic plants)? b. Recluctian of the numbers of any Unique, rare or endangered species of plants? c. Introduction of new species of plants'into an area, or in a barrier to the normal replenishment of existing ~pecies? · d. Reduction in acreacje of any agriCUltural'' crop? Animal Life. Will the proposal, result in: ,. Change in the diversity of species, or numb~rs'o'f any Species of animals (birds,' land animals including reptiles, fish and shellfid~, benthic organi~rr_~_ or insect=)? b. Reduction of the nurnbem of any unique, rare or endangered specie~ of mimals? · .- ~. c. Introckz,-tion of new specim' of c~imals into on areat or result in a baffie~ to the migration or movement of c~imals? · cl. Deterioration to existing ,fish or wildlife habitat? Will the proposal result in: a. lncrea.~es in existing noise levels? · b. Exposure of people to severe noise levels? Light ~ Clam. Will the propo~l produce .- new light or'glare? Land Use.. Will the proposal result in a sub- stantial alteration of the pre~.:t or planned land'use of an area? Ncztural Resources. Will the proposal result in= a. Increase in the rate of use of any. natural resources? i i i i i X Ye=~ 10. b. Substantial depletion of any nonrenewable na.l~ml i~re~rce? ....... · Risk of UI~.~: Will. the propo~l involve~ a. A ri~k of m expk~ian or the relea~ of hazarcla~ ~ul~t~ (including, ~ ~t 'limit~ .~o,. oil, ~~i~, ~i~ ~ r~i~ in t~ ~t of ~ ~i~t ~ ~ ~iti~? plm? . d~tr~uti~ ~i~ ~ g~wth rote of ~e ~m~ po~ioti~ o~ ~ or~? 12. I-kx~ing. Will the propoaal affect existing hous- ing, or create .a demand for additional housing? 13. Trc~q>m-tatlon/Circulcrtlam Will the propoaal re, It in: a. Generation of substantial additional vehicular .'movement? .. · b. Effects on existing parking facilities,, or demand for new parking? c. Substantial impact upen existing transpor- tation systems? .... d. Alteratia~ to pre~ent potterr~ of circula- tion or movement of people and/or gcx~? e. Alteratic~ to waterborne, mil or air traffic?" f. Increase in traffic hc~q.rds to .motor vehiCles~'bicyclists or p~estrian=? 14. Public Services. Will the proposal have an effect upon, or result in a need fc~ new or alter..ecl govemmentol services in any of the following areas: a. Fire protection? b. Police protection? c. Schools? d. Perks or other recreational facilities? e. Maintenance'Of public facilities, including 15. f. Other governmental services? F.m~ Will the proposal result im a. Use of substantial amounts of fuel or energy? · . b. Substantial incr~ in c~m~nd upan exist- lng sources of energy, or require the develop, merit, of_n~w ~ources..of energy? 16. Utilities. Will the propc~sal result in a need. for new sTsterr~, or substantial alterations to the following utilities~ Power or natural gas? · b. C. om~ication~ systems? -- c. 'Water? · cl" Sewer or septic tcr~s? ._ e. Storm water drainage? f, So.lid ~c~ste and disposal? 17. Human Health. Will the proposal result in= a. Creation of any health hazard or potential health hazard (excluding mental health)? b. Expo~re of people to potential health hez~? 18. AeSthetics,. Will the Proposal re~lt 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? · . 19. R~iam Will the proposal result in an impact upon the quality or quantity of existing recreatianal .opportunit les? 20. Cultura/ Resources. ct. WIll the proposal result in the alteration of ar the ~ian of a prehi=taric or historic archaeological site? Y~ Will the proposal reault in adverse physical or aesthetic cffect~ to a prehia"toric or histaric 'building; s~ruc~Jre, or object? · , c. Do~ the pr~l hev~ the potential to cau~ a pfr~ical ~ which would affect tmique ethnic cultural values? Will the'proposal 're~trict existing 'rellglau~ a~ ~cred u~ within the potential impact m'ea? 21. Mmdutory Findings of Significance. a. Doe~ tfle"pmjec? have the potential' to.'" degrade the quality of the enviranment~ . substantially reduce the habitat of a fi~h or wildlife species, ca~r~ a fish or wild-. life. populatian to-drop-below-~if su~- raining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare o~ encka~emd plant or animal or eliminate important examples of the major periocLs of California hi~tory or prehismry? b. IDoes the project' have the potentlaj to achieve short-term, to the disa~lvc~tage of long-terms envirmmental goals? (A short.-.. term impact an the environment is one which occurs in a relative, ly brief~ definitive peri~ of time while long-term impacts will endure well into the furore.) · c. Does the project have impacts which are" individually limited, but cumulatively con- sidera~le? (A project may impact on two or more.separate re=rces where the impact on each m~,aurce is relatively small~ but where the effect of the total of those impacts on the enviranment is significant.) d. Does the project have envirmmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? III. Di~:u~ion of Environmental E~lu~tion IV. Determination (To be completed by the Lead Agency) Y¢~ · , ! On fl'~ b~i~ of thi~ i~. ,~1 ~,v~lu~'i~ .. I find that the propc~ed project C0~LD ~T h~ a s~nific~t aff~t ~ the ~viro~t, ~ ~ ~GATIVE DEC~A~OH will be pr~ar~. I fled t~t alt~gh t~ pr~ pmj~ c~ld ~ "a s~nific~t eff~t ~ t~ ~vir~nt, t~m will ~t bo a. signific~t eff~ in ~ c~ I ! because 'the mitigation me~ur~ cie~rbed on an attachc-d sheet have ' been added to the project. A NEGATIVE DECLARATION WILL BE PREPARED.. l'flnd the propc~e~l p~ject MAY hcr~ a significant effect an the environ- rr~nt, and on ENVIRONMENTAL IMPACT REPORT is required. __. · DISCUSSION OF ENVIRONMENTAL EV'ALUAT~ON CONDiTiONAL USE PEPJ~T 89-25 AND DESION REVIEW 88-66 PROJECT DESCRIPTION SUPPLEMENT - 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. · E~RTH - The proposed project site is free from any top.graphical 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 applican.t 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 D~SCUSS~ON OF ENV~RONI,~NTAL EVALUaTiON CONDiTiONAL USE PElleT 89-25 AND DES~ON REVIEW 88-66 (KUN~GAI) Page 2 · · · · 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. PL~/~T 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 ~ree 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 Me4sures/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 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 in D~SCUSS~ON OF ENV~RONI,~I~ EVALUATION CONDiTiONAL USE PERMIT 89-25 ~ DESIGN REVIEW 88-66 Page 3 · · 10. 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/Monitorinq: 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. L~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 -Commercial as Primary Use- designation of the Specific Plan. Sources: City of Tustin Community Development Department First Street Specific Plan Mitigation Measures/Monitorinq: None Required. NATURAL 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 Mitiqation Measures/Monitoring: None Required. RISK OF UPSET - The proposed project would not result in~ any significant risk of upset given the scaIe 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 ENVIRONI,[ENTi%L EVALUATION CONDIT~ONII~ USE PElleT 89-25 ~D DESIGN REVIEW 88-66 (KUN~GAI) Page 4 11. 12. 13. Mitigation Measures/Monitoring: All construction shal'l 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 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. HOUSING - The proposed project is a commercial infill project and would not Fesult 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. TIt~NS~RT~TION ]~ND 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 resuIt 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 Development Department D~SCUSSION OF ENVIRONI~NTi~ EV'ALU~TION CONDITION~T.~ USE PER~IT 89-25 ~ DESIGN REVIE~ 88-66 (KUN~G~I) Page 5 14. 15. 16. 17. Mitigation Measures/Monitoring: The project has been conditioned to widen the driveway from 27 feet to 32 feet, place a no parking zone along the entire project frontage and post a "Right Turn Only" sign at the exit of the site which would be subject to review in the final working drawings and field inspections to ensure compliance. 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 project would not required any new utility service to the property. Sources: City of Tustin Public Works Department Mitigation Measures/Monitoring: None Required. HUMAN ~~ - 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 Required. July 3, 1989 TRAFFIC & TR:tNSPORTATION ENGINEERIbtG Mr, Henry Kumagai 19021 Canyon Road Villa Park;'CA 92667 RECEIVED SUBJECT: Tus~in Plaza Car Wash , JUN · COMM N~_~.~TY DEVELOPMENT BY_ Dear Mr. Kumagai: This' letter summarizes our review of traffic factors related to you6 '" proposed. Tus:in Plaza Car Wash project in the City of Tustin. Ihe study was based "upon inform'a-tioff~proVi~ea by you and your architect, disaussion -- with City Staff, field studies by our s~aff and standard reference data. pROJECT DESCRIPTION The project consists of a car wash .with gasoline service A to:al of __ :hree lanes are proposed through :he gas pump area. All Vehicular access is planned :o be on First Street. The site is located on the southerly side of Firs= Street, easterly of Prospect Avenue and adjacent to the Post Office. In addition :o the gas and wasa lanes, seven off-street parking spaces are proposed. .. · · .EXISTING CIRCULATION CONDITIONS First Street is an eas:-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't~e'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 opera=ion. 21,151 I<asr t~11;~1)1111111 .~,Vt'llUc · .q~mh.' I lll · ihlllt, rl~}ll. (':~lil,~{~l~:~ ,)"{;"il · 17'1 l).'.;71-'~}'";I Prospect Avenue a north-south arterial w,~h 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.. Beview 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 (~evel of Service C) during the PM peak hour. These are · , . generally good traffic operational conditions. TRIP GENERATION Studies have been conducted 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 peaJ~_.hour.. ~nd.80 during the-PM peak hour. .. It should be noted that these will not all be new trips. Some will be persons that utilize First S:reet for purposes such as the Post Office, shopping, eating or others and will also divert to the car wash. No reduction has ....b..een. made fQr__thi.s,"passer by" phenomena.for these analyses.. .. which result's in a conservative or worst case analysi.s. Table ]. ICU SUMMARY First Street & Prospect Avenue pERIOD_ Exi sting AM Peak Hour 0.61/A PM peak Hour ..... ICU/LOS(1) Existing Plus Project 0.75/C 0.61/A 0.77/C (1) ICU -- Intersection Capacity Utilization LOS -- Level of Service - Table 2 TRIP GENERATION PERIOD RAT__.~.E(1) TRIP ENDS Daily 900 'm 900 AM Peak Hour In Out PM Peak Hour In Out 18 ' - 2O · 18 20 40 40 -40 40 (1) Trip Ends per Site Source: "San Diego Traffic Generators", San Diego Assoqiation of Governments, July, 1988. 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 percent-, wil l 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 p6ak 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 reca.lculated With project trips ad~ed to existing. These analyses are contained in Appendix B and summarized in Table 1. As indicated in Table 1, the project wou-ld-'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 ou: 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 conUitions 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 resuit in a significant increase in this demand for U-turns. - ................ SUMMARY _ _ 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 .trips evaluated. ConSideration was also given to the si~e 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. · · 1. 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. · . ,. 2. Current Post 0ffice traffic queues do not extend to the project driveway location. , .- , 3. 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. 4. With .the .project, there is no bh.ange 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. While the 27 foot driveway width is adequate, a wider driveway i s recommended. 6. No significant traffic operational problems are anticipated. MITIGATION MEASURES -- The following is recommended to reduce potential traffic operationa! and safety problems. The driveway shoula _~ 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--ii-nearly.a~ways 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 tol~al time required to the time available. For example, if for north-south traffic the northbound traffic is.-1,OOO-vehicles-peF--hour~he southbound ~'raff~ '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 Capacity Manual,. Special Report 87, Highway Reasearch Board, 1965. -- Level of Service is used to describe qu2lity 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 accommo-da~.e 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. 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 presumption 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 ~VEL OF SERVICE DESCRIPTIONS Level of Nominal Range Service Of ICe 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 0.7! - 0.80 controlled by other traffic; between 11 and 30 percen: of the signal cycles have one or more vehicles which wait through more than one. signal cycle during peak traffic periods; recommended 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 tr~f. fic-..periods; often used as design s:andard' in urban areas. 'E Capacity; ~he maximum traffic volumes an in,er- 0.91.- 1.00 section can acco~m~odate; restricted speeds; 71 ... to 100 percen: of the signal cycles have one or more v~icl~ which wai: :hrough more :h~n · one. m. Signal cyc]~..du..~ing 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 ~o zero; traffic volume will be less than the volu~ which occurs at Level of Service E. . . m i , m mmm m . .. ICU (Intersection Capacity Utilization) at various Levels of Service versus Level of Service £ for urban arterial streets. APPENDIX B 'INTERSECTION CAPACITY UTILIZATION _ ANALYSES II I I '~: II ii · Il ii ii II I$ ii · i * · . ..~ 11 ii ii II II ii II I--- ~..i i. J II I~J ~"'II I--', $ I I ~ .J II Ii II ~ II . II · '' i.z-~ .:] 11' il ~ ~ II II I1 II Ii I1 Il II Ii Il II 0 II ~ il  II ( II I1 ¢'.~ II 11 II II II II II II II I1 II II ii Ii II II ~ 11 ~ ii ii II ii 11 ii II ii ii II II ii ii ii ii ii i...J , ii..'~ i o ii II II ii ·ii II ii ii ---- ii .... Ii II ii ii I1 Ii II Ii ii · II ~ II II ii II Ii ii II II I1 ii 11 II 11 II II ...,~ I i II II II II II II II II II Ii II II II It il II I1 II II II II Ii Ii Ii II Ii I1 1.~t.J"J Il ¢.:) ii./ Ii I~ ~J~ii r"L.~ ii · iJ ii II I--, t./'i Ii = I,,i.I ..-I Il Il II II ~'-- II ~ .-- ~.-_' _ I ~.I r~' ..d t-- t'~ ._j rt' ~ II 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1'9 21 :24 25 27 28 ~ESOLUTION NO. 2659 A RESOLUTION OF THE PLANNING COMMISSION'OF TH~ 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 res~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 servic~ 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 called, 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 St~'eet Specific Plan and is only authorize~l subjecT, to granting a conditional use permit which is a discretlon~ry act i on. The proposed use is' inconsistent wi.th the policies objectives of the First Street Specific Plan in.that the proposed project site woul.d not be developed with "primary" retail uses nor provide an optimum pedestrian environ.men~ as encouraged by the First Street Specific Plan. J.. The proposed use would further establi'~h and reinforce ti~e existing automotive scale and character of First StreeC which is discouraged by the First Street Specific Plan. .4. The proposed use would not .be the "bes~" use of the property given the high development potential of the site as indicated in the First Street Specific Plan and gi.ven the high development potential of the site as indicated in the First Street Specific Plan and given ~he .inability to fulfi___l] _..the ..desired pedestrian scale and. retail uses encouraged by the First Street Specific Plan. Ee A Negative Declaration has been prepared in accordance wi th the California Environmental Qual'ity Act. ATTACHMENT A 1 2 3 4 5 6 .... 8 9 10 11 12 13 14 15 17 19 22 ~5 261/ 27 28 Resolution t~o. 2659 August 28, 1989 page ~o II. The Plannlng Commission hereby denles Conditional Use Permit No. 89-25, a request to authorize establishment of a 5,000 square foot full servlce carwash on the property located at 240 E. First Street.' PASSED. AND ADOPTED'~-a regular, meetlng of the Tus'tln Planning Commission, held on the ~ day of _ (.'J....u~_zV.,J....,~ .~ , 1989. ' / . .~ / /' /,.' / Record1 ng 'Secreta y ~'~N~ E- PO I, tT']: 0 IJ S; ..... C h a_'i rman ..... 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. r~.~-~ was duly passed and adopted at a ~lgular~'meeting the~tin Planning.Commission, held on the ~~X-day of ii PENNI FOLEY Recording Secretary McCOLLOUG,- &ASSOCIATE_, ARCHITECTS. 17500 tied Hill Avenue/Suite 230 In4ne, CA, 92714 (714) 660-0264 FAX (714) 757-0472 September I, 1989' RECEIVED City of Tustin 300 Centennial Way Tustin, California 92680 Subject: Conditional Use Permit 89-25 and Desi.cln 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._atio.n and in the traffic~ report. · We are prepared to present additional data to support our position on the circulation and traffic issues, and w'e believe th~-Cbur~'~]'l wili '[~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 ~ate possible. i Thank you for ydur assistance in this matter~ . , · Very truly yours,' Henry Kumagai ATTACHMENT B P12nni ng Commi s's i on Mi nu*~s August 28, 1989 Page thirteen . Conditional Use Permit 89-25 and Design Review 88-6.6 (Kuma~ai) APPLICANT/ OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: MR. 'HENRY KUMAG~--' 19021 CANYON DRIVE VILLAiPARK, CA 92667 240 E. FIRST STREET C-2 {CENTRAL COMMERCIAL)/FIRST STREET SPECIFIC 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 Planning Commission either: 1) Certify the final. N~gative 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 P'ost Office had been approached regarding its expansion plans; he noted that the Post Office may not be large enough to handle t'he growth 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 proper, ties 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 Commiss.ion 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. commi'~SioneF~.Kasparian asked ~at the poin'~ was of sending letters to resident ~ithi'n 300 fee(~ if'not to notify people of a pending project and the possible impact~ The City Attorney-replie~ that the factors that needed to be 'considered are those set forth in the First Street Specific Plan. Commissioner Kasparian felt that, as a Planning Commission looking at the total picture, it was diffiEult to ignore 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 -Qffice was prohibited from building facilities elsewhere there may be a real ~robl em. ' ATTACHMENT C Plannin9 Commission Minu*os August 28, 1989 Page fourteen The Director noted that it was important to recognize the'need· 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, compatqi~le-uses'-a-s required by the "Fi'rst Street Specific. Plan. Commissioner Shaheen asked how many cars they anticipated washing each day. Based upon th"e'staff, repoFt.,, 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 indi.c, ated .that based .upon facilities of this' nature and size, it coul~ be anticiPated to have 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 trips than a service station woul 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 facil-i~y,-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 attempt by the applicant to gain access to the rear of the property. Staff referred the question to the applicant. · · . Commissioner Kasparian asked what the Inter~ection Capacity Ut~'iization {ICU) figures would 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 would increase 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). Commissioner Shaheen asked what the traffic count was on First Street at that point. The Director replied that it was in Appendix 8 of the report and was broken out by movement. The public hearing was opened at 9'05 p.m. --- · Planning COmmission Minutes August 28, 1989 Page fifteen Dennis McCullou~h, project architect noted that they are fully aware of the 'Commis'$i'on's concerns towards auto us'e 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 th.ey 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 out'standing piece of architecture. Commissioner Kasparian asked if there would be a maximum of seven (7) employees, and asked fO'~' a clarification of their positions; and how many cars could be in the car wash at any one time. - '. McCullou~)h replied that the Car wash was fully automated", the gas pumps were s~lf-service, there would be two (2) attend~nt~' 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 th,ere would be two {2) cars in the'facility at one time Commissioner Kasparian asked how two cars at one time could equal 900 cars per day- 'and if it would b~ o~en seven (7) days per week. ' Mr. Kumacjai_~ the owner~ stated that there could be four (4) cars in at one time, bUt it is not arge enough to clean 900 cars per day; he felt that 9'00 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. seven (7) days per week ' Commissioner Le Jeune stated that he was concerned with the number of ~people on site. He felt that based upon comparison with other car. wash facilities, it was not unusual to hav6'ten or' twelve people working at one time. Commissioner Kasparian asked if a gas station and car wash' would be subject to dif- ~6rent saf6ty regulations than a gas station only- and does self-serve pose any problems. ' The Director replied that they would still have to comply with all regional' require- ments of AQMD, vacuum" recovery ,--fi re ..... department and water control, and sanitation district for discharge of industrial waste; and that self-service would not matter ay still .have to comply with the requirements. ' C..lOmmissioner Kasplarian asked if the number of parking spaces for seven (7) employees was addressed; and suppose the applicant actually has ten employees. . Planning Commission Min~, 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 Kasp. arian asked if the applicant would be able to compiy with conditions limiting the nlum~"er of employees on the site at any one time based upon the number of parking spaces available.' M_r. Kumagai replied that they could rent parking s~ces in the adjacent parking lot, if neede'a. 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 presenl~ configuration and that any additional employees would be contingent on the applicant securing additional parking spaces. The Director-noted that she would c~eat_e language for this issue, as moved. Commissioner Kasparian asked if the applicant was leasing or buying the property.. ' Mr.i, Kuma~)a.i replied that he had purchased t~ie l'and about one and one-half years ago. Pete Dwindler, construction consultant, commented that the goal was to meet, as Closel~ 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. ~ · Commissioner S'haheen noted that the architectural design was beautiful and would be appropriate 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 work in that location. " ommissioner Le Jeune noted that discretionary items were the most difficult for the Commission to decide upon. However, they have to mak'e the determinations based upon the First. St. reet Spe:.ific..Plan g~als..~.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 p.roper use of that lot. Commissioner Kasparian concurred. : Planning Comission MinUtes August 28, 1989 Page seventeen Commissioner Pontious commented that it was a difficult decision, that she was 'imp~'essed with tl~e 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.de!.!.nes, .... Commissioner Le Jeune moved Kasparian seconded to deny Conditional Use Permit 89-25 6'y' the adoption of R~soluti~n No. 2659. Motion carried 4-0. · , INER: L ~TION: Z, ING: R UEST: ion o oluti wn on site p S(~ff repliel 'hat' as a~ement, but wo09 d function a that would remain · . DAVID ME', LI C~, 230.10 LAKI · ORI VE I TE E GUNA HILLS 92653 MR MELVI iLILLI 8. SCHMEL RST STREET TIN, KE TH H. T, ET. AL 440 FIRST EET TUSTI :A 9268 C/O MR GR~ .... )OD 30 AND 6 T FI STREE'~ PUD ( RAL C IAL-PLA~ ~FIC PL~ UNIT DEVEL ENT)/F TREET .A NEG IE DECLAI ION HAS B ANCE WI' E CALI NIA ENVIR( ) A RE ST TO ~ND THE F DES I GNA ON FROM " AS PR RY USE" TO 2) REQUEST DEVEI BONUSE.~ S IFIC PLA 3) DES REVIEW R A · PREPARi )R THIS PROj IN CONFOR NTAL QUAI ACT. F STREET 'ECIFIC PLAN ,ND USE PROPERTY iCATED Al 40 'W. FIRS T Y USE" HE FIRST STRUT SQUARE 'F RETAIL LOCATED ti It is.rec, tha '.he P1 ing Commissi Recon~end certifi- Negative larati for project to City Council by of Reso on No. 266~ commend ~prova f Zone Chang~ )-02 to the City adoptio, f Resoluti . 2667; App~ Development uses pursuant rst St'r~et ~ecific P1 )d appro Desic ew 89-52 ~ tion of . 2668, a.~ tted or ised. ' ~ , ation Daniel Fox, sociate Pla oner Sh( asked i here was a barrier bI the two ciprocal reeme) with 7-11; and if ildings; )d asked about the barrier :ondition o roval, thl would need to be a reciprocal prese~ there is o~ a tentative agreement with 7-11; the site e site that th~ .~ was no barrier only the large Jacaranda the prc rty, ' .