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HomeMy WebLinkAbout02 PC Report CUP 2016-12 DR 2016-015 Joint Use Parking Service Station • AGENDA REPORT ITEM #2 MEETING DATE: AUGUST 23, 2016 TO: PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CONDITIONAL USE PERMIT 2016-12 & DESIGN REVIEW 2016-015 PROPERTY DR. HARVINDER SAHOTA, MD OWNER: N.E, ENTERPRISES 9810 PARK STREET BELLFLOWER, CA 90706 APPLICANT: DIDAR SINGH TUSTIN FIELD GAS & FOOD 3017 EDINGER AVENUE TUSTIN, CA 92780 LOCATION: 3017 EDINGER AVENUE GENERAL PLAN: PCCB (PLANNED COMMUNITY COMMERCIAL/BUSINESS) ZONING: PC IND (PLANNED COMMUNITY INDUSTRIAL) ENVIRONMENTAL THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1) STATUS: PURSUANT TO SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT REQUEST: CONDITIONAL USE PERMIT TO AUTHORIZE JOINT-USE PARKING TO ACCOMMODATE SERVICE STATION, CARWASH, VACUUM, RETAIL AND SANDWICH SHOP USES AND DESIGN REVIEW TO ALLOW THE INSTALLMENT OF THREE (3) VACUUM UNITS 24 �,. u , Planning Commission August 23, 2016 CUP 2016-12 & DR 2016-015 Page 2 RECOMMENDATION That the Planning Commission adopt Resolution No. 4317 approving Conditional Use Permit (CUP) 2016-12 authorizing joint-use parking to accommodate service station, carwash and vacuum, retail and sandwich shop uses, and approving Design Review (DR) 2016-015 authorizing the installation of three (3) vacuum units on a property located at 3017 Edinger Avenue. APPROVAL AUTHORITY Pursuant to the Tustin City Code (TCC) Section 9264, with the approval of a CUP, parking facilities may be used jointly for nonresidential uses with different peak hours of operation. TCC Section 9264a5 authorizes the Planning Commission to review and take action on CUPs for joint use parking. TCC Section 9272 authorizes the Community Development Director to consider DR applications. Section 9272d(1) of the TCC requires the Community Development Department to review applications for design review accompanying another application, such as a CUP, before the Planning Commission. BACKGROUND & DISCUSSION Site and Location The project site is located on the southeast corner of Edinger Avenue and Jamboree Plaza Drive within the Planned Community Industrial (PC IND) zoning district and designated as Planned Community Commercial/Business by the City's General Plan (Attachment A -- Location Map). The site is part of Jamboree Plaza and is regulated by the Jamboree Plaza Planned Community District Regulations. Jamboree Plaza is a triangle shaped commercial/industrial center of approximately 17.5 acres in size and is bounded by Jamboree Road to the east, Edinger Avenue to the south and west, and the Santa Fe railway to the north. The Tustin Metrolink Commuter Station lies just to the north of Jamboree Plaza and access to the Metrolink Station is provided through Jamboree Plaza. Surrounding uses include industrial, commercial and residential uses. To the south and east of the site across Jamboree Road are newer residential uses that have been developed at Tustin Legacy. Directly across Edinger Avenue to the west.of the site is undeveloped land located at Tustin Legacy. This vacant land is proposed for future residential uses. Planning Commission August 23, 2016 CUP 2016-12 & DR 2016-015 Page 3 t� ftrnelo J Jamboree Plaza Tustin Legacy ` ^7 - 1 _ Figure 1: Aerial Jamboree Plaza consists of four (4) separate land use areas, Planning Area A through D, that allow for various commercial/industrial activities including- retail, commercial, office, automotive services, warehousing, and light industrial uses. There is a total authorized building square footage of 163,200 square feet for Jamboree Plaza, and the center is built out. The project site is located within Planning Area A (Figure 2). _ Rai lro_ad Tracks LUF—,T Fl LI l o l i 7 11 X7 ✓ _Z n'— '— (rh U -, � `^ .,y• � w. ..•. 'I/r11 � �� . � � /y .tl+'":rf C'dv19�Y�*r ,t �"-t..,-- •i � �S»,� „ j'r. .:r x-1 M G d.5'.P 5i".CI:CIG'stJ • ��: JCF t.C.G?l.S..LJ72"f.'/J.IS C.4lXLC� Y L, - \ � a-1. Ilnl 111`aU:illnliilll Inl I � 4 11 4r f ..� y.�'` � - MI6- �� •,_l, �. C Project Sitera _:. �«%a�' ._• o• ";�.. - =-. fly Figure 2: Site Plan/Planning Areas Planning Commission August 23, 2016 CUP 2016-12 & DR 2016-015 Page 4 Existing on the subject property is a 24-hour gasoline service station that provides twelve (12) fueling positions and an automated self-service drive-thru carwash. Also existing onsite is a 1,988 square foot building that includes storage areas, a Circle K food mart and a Subway sandwich shop. The service station and food mart originally opened for business in 2002 without a carwash facility. On October 20, 2009, the Tustin City Council adopted Resolution Nos. 09-60 and 09-61 approving Design Review 09-004 for the construction of the automated self-service drive-thru carwash located at the subject property. At the next regular meeting on November 3, 2009, the City Council adopted Ordinance No. 1370 approving Code Amendment 09-003 to reduce the required Edinger Avenue setback to accommodate the carwash. Construction of the automated drive-thru carwash received final inspection on February 1, 2012. Code Enforcement Activity On June 9, 2015, the City received a code enforcement complaint regarding the operation of the automated self-service drive-thru carwash and unpermitted construction at the subject property. The complaint alleged that a cashier is required in the operation of the automated self-service drive-thru carwash thereby requiring additional parking and that a vacuum system was installed without permits and occupies required parking stalls. Upon inspection, City staff witnessed that a dedicated employee was stationed at the entry to the carwash to assist customers in providing payment and selecting services. It was also verified that vacuum hoses with signage and a car care center vending system were installed at the subject property without permits and/or approval from the City. A Notice of Violation letter was sent to the property owner and business operator at the subject property on June 26, 2015. The applicant submitted a design review application requesting approval for the vacuum units, which was scheduled for Planning Commission consideration at its November 10, 2015, meeting. At the request of the applicant, the agenda item was continued to January 12, 2016. At the January 12, 2016, meeting, the Planning Commission tabled the item to allow time for the applicant to redesign the project in response to City staff's comments. On March 8, 2016, the City Code Enforcement Division sent the applicant an administrative citation for the unpermitted installed vacuums, which had not been removed after the City sent the Notice of Violation letter to the applicant. On March 30, 2016, the applicant submitted to City staff a written request to withdraw the application for DR 2015-019, indicating that a new design review request will be submitted in the future. City staff informed the applicant that the continued presence of the vacuum units was still a violation of the TCC and that they must be removed. Planning Commission August 23, 2016 CUP 2016-12 & DR 2016-015 Page 5 On April 2, 2016, a City Code Enforcement Officer inspected the property and found that vacuum hoses were still in place. On April 4, 2016, the Code Enforcement Division sent the applicant a second administrative citation, which indicated that the applicant must pay the fine and remove the vacuum units. On April 26, 2016, the Planning Commission accepted the applicant's letter to withdraw DR 2015-019 and the Commission removed the item from the agenda. On May 26, 2016, the applicant submitted a new application with the current request for approval of a conditional use permit for joint use parking to accommodate the service station, carwash, vacuum, retail and sandwich shop uses and approval for design review for the vacuum units. Since the April 26, 2016, Planning Commission meeting, the applicant modified the vacuums without city approval and permits (Figures 4 & 5). On July 19, 2016, a third administrative citation was issued regarding the unpermitted installed vacuums. The three (3) administrative citation fines have been paid. To date, $675.24 of staff time cost has been expensed for Code Enforcement activity regarding the unpermitted work. Condition 1.8 shall require the applicant to pay the cost within ten (10) days from the date of project approval. ANALYSIS Project Description The applicant is requesting approval for joint use parking to accommodate the service station, carwash, vacuum, retail and sandwich shop uses and approval of design review for the installation of the vacuum units within the existing parking spaces. Improvements approved on the property include a food mart building that has 1,705 square feet of retail space including the sandwich shop and 283 square feet of equipment and,storage area for the sandwich shop. The service station uses are open 24-hours a day. The sandwich shop is located inside the food mart building, which does not have any interior seating. However, there are seats outside the building along the front elevation. The carwash is located behind the retail building, along Edinger Avenue. Figure 3 shows that the vacuum units are along the parking spaces 1 through 7 on the southeast side of the property, which is also adjacent to an existing building with a veterinary business. According to the applicant, the vacuum units are free to use and available to all customers regardless of whether the customer purchased a carwash service. The units do not require a coin or token to operate. Instead, the vacuums turn on simply by removing the vacuum nozzle from its holder. However, it should be noted that there are Planning Commission August 23, 2016 CUP 2016-12 & DR 2016-015 Page 6 unpermitted signs on the vacuum units stating that carwash customers can use the vacuum for free for five (5) minutes. These signs would be required to be removed. $4 1EI 1 7 13 4 CANOPY 7- [21 31 4 6 7 3 2 0 !!equlred Parkjnq REPLACEMENTOF431 VACUUM SYSTEMS Provided Parking Figure 3: Site Plan Joint-Use Parking The proposed joint use parking CUP is requested in order to accommodate the service station, carwash, vacuum service, retail and sandwich shop uses on the property. Pursuant to Resolution 09-61 , which approved DR 09-004 for the carwash, the property is required to provide fifteen (15) parking spaces including eleven (11) onsite parking spaces and four (4) offsite spaces. The onsite parking spaces includes seven (7) spaces on the southeast side of the property, where the vacuums are located, and four (4) parking stalls on the north side of the site. The applicant has submitted a parking assessment (Attachment D), conducted by Michael Baker International, that analyzed the existing parking demand. The parking assessment observed the following days and times, which were provided by the applicant as the peak business times. • Wednesday: 9:30 to 10:00 AM • Friday: 6:10 to 6:25 PM • Saturday: 10:15 to 10-30 AM • Saturday- 12-00 to 1 :00 PM • Sunday: 12:00 to 12:15 PM Planning Commission August 23, 2016 CUP 2016-12 & DR 2016-015 Page 7 Based on parking counts and analysis of the site during the anticipated peak times, the maximum parking demand occurred on a Friday evening and had seven (7) vehicles in the parking stalls, in addition to eight (8) vehicles at the fueling pumps and two (2) vehicles in the carwash queue. The parking assessment stated that the peak parking demand would occur during the peak carwash activity and that the other land uses are not anticipated to generate significant parking demand. The sandwich shop and food mart, for instance, would generate low parking demand because the majority of those customers are gas fueling customers, tenants from the surrounding buildings in the center and/or Metro-Link commuters. The parking assessment states that the combination of uses at the service station, carwash, vacuum, retail and sandwich shop would generate a parking demand that is less than the number of parking spaces provided since the uses have the benefit that not all customers would need to drive there. Also, there are no vehicular queuing issues observed at the fueling pumps. If parking problems occur. the applicant, as conditioned, shall be required to address any parking impacts resulting from the approval of the requested joint use parking conditional use permit. The Public Works Department — Engineering Division has reviewed and concurs with the methodology of the parking assessment. Design Review The vacuum units were installed without permits and originally designed with two (2) overhead arches per unit, which kept the vacuum hoses off the ground (Figure 4). The units also had overhead signs between the arches. Overall, the original vacuum units were visually obtrusive with the arches approximately twelve (12) feet high and the hoses hanging from these arches onto the parking spaces. Vacuum Hoses _ Vacuum Signage Required Parking Spaces Figure 4: original Vacuum Units The vacuums were modified and the arches were removed. Figure 5 shows the current design of the existing vacuums, for which the applicant is requesting design review approval. The vacuum hoses are now stored on horizontal pipes that are at about eye- level height with hooks on which to coil the hoses, Planning Commission August 23, 2016 CUP 2016-12 & DR 2016-015 Page 8 r 1e 71 t _ h Figure 5. Modified Vacuum Units The upper portion of the vacuum unit pole is visible from Edinger Avenue, but the lower portion is screened by landscaping. Based on field observation, the vacuum hoses have the tendency to appear disorganized and unkempt. As conditioned, the applicant shall regularly monitor the vacuums and ensure that the area is kept free of debris and that the hoses are properly stored when not in use. In addition, Condition 2.7 requires the applicant to remove unpermitted signs, including those on the vacuum poles. Noise The use of vacuum units is anticipated to generate some intermittent noise within the immediate area. As conditioned, all activities are required to comply with the City's Noise Ordinance. Planning Commission August 23, 2016 CUP 2016-12 & DR 2016-015 Page 9 Environmental Review This project is Categorically Exempt pursuant to Section 15301 of the California Code of Regulations (Guidelines for the California Environmental Quality Act) pertaining to existing facilities. The proposed project would result in negligible expansion of the existing uses on the property. CONCLUSION As proposed and conditioned, the project meets the applicable development standards set forth in the Jamboree Plaza Planned Community District Regulations, TCC and General Plan. Accordingly, staff recommends that the Planning Commission approve CUP 2016- 12 and DR 2016-015 for the proposed project. A decision to approve this request may be supported by the findings contained within Resolution No. 4317. Edmelynne V. Huffer Elizabeth A. Binsack Senior Planner Community Development Director Attachments: A. Location Map B. Land Use Fact Sheet C. Submitted Plans D. Submitted Parking Assessment E. Resolution No. 4317 ATTACHMENT A Location Map LOCATION MAP CUP 2016-12 & DR 2016-015 3017 EDINGER AVENUE Fay . L PROJECT SITE 300 Boor r, ` r:i:`JtR•2 rrwr.Gecorm Nt7 �'� ♦� I 1 _�C e � � �r i 1 ATTACHMENT B Land Use Fact Sheet LAND USE APPLICATION FACT SHEET 1. LAND USE APPLICATION NUMBER(S): CUP 2016-12 & DR 2016-015 2. LOCATION:JAMBOREE PLAZA 3. ADDRESS: 3017 EDINGER AVENUE 4. APN(S):434-201-12 5. PREVIOUS OR CONCURRENT APPLICATION RELATING TO THIS PROPERTY: CUP 98-013, CA 09- 003, and DR 09-004 6. SURROUNDING LAND USES: NORTH: INDUSTRIAL/COMMERCIAL SOUTH: RESIDENTIAL EAST: RESIDENTIAL WEST:VACANT LAND—PLANNED RESIDENTIAL 7. SURROUNDING ZONING DESIGNATION: NORTH: PC-IND SOUTH: MCAS TUSTIN SPECIFIC PLAN EAST: MCAS TUSTIN SPECIFIC PLAN WEST: MCAS TUSTIN SPECIFIC PLAN 8. SURROUNDING GENERAL PLAN DESIGNATION: NORTH: PC COMMERCIALIBUSINESS SOUTH: MCAS TUSTIN SPECIFIC PLAN EAST: MCAS TUSTIN SPECIFIC PLAN WEST: MCAS TUSTIN SPECIFIC PLAN 9. SITE LAND USE: A. EXISTING: SERVICE STATION/CARWASHIMINI-MART B. PROPOSED:ADD VACUUM SERVICE C. GENERAL PLAN: PC COMMERCIAL/BUSINESS D. ZONING: PC-IND PROPOSED GP: SAME PROPOSED ZONING: SAME DEVELOPMENT FACTS: 10. LOT AREA: 24,277 S.F. 11. BUILDING SQUARE FOOTAGE: 2,120 S.F. EXISTING SAME PROPOSED 12. PARKING: 17 REQUIRED 11 PROVIDED ATTACHMENT C Submitted Plans 0 N Cl) N Q T C N P O U C5 a'o a a 4 (n �- r c O Ln 0a P G 6d N d CL o d O 0 U) iD tis c � It UD w N CL r ' ,' w cc LU w 7 o 0 V) a W N w > �l 4 bs OZO'! HSvm avo(3) 30 Z n N Q1 Q U rrnn Z Y/U) Cf)Ld 3l]N3/1b 2l30NIQ3 0W a �/ra w �L�n �, � � r tgf� f�L�f • .y Ji Of Aaw, oil, .y Ilk— ^i i W� P w a t n 1 I I r t i y 'z a o � a tv 0 ATTACHMENT D Parking Assessment Michael Baker We Make o Difference INTERNATIONAL August 9, 2016 Mr. Didar"Danny" Singh President/Owner Tustin Field Gas & Food Inc. 3017 Edinger Avenue Tustin, CA 92780 Subject: On-Site Parking Assessment for the 76 Gas Station/Car Wash Project at 3017 Edinger Avenue in Tustin Dear Mr. Singh: Michael Baker International (BAKER) has conducted an on-site parking assessment of the existing 76 Gas Station/Car Wash Project located at 3017 Edinger Avenue in City Tustin. Based on our field visits during the peak periods for the 76 Gas Station/Car Wash Project, we have observed the following: • The 11 on-site parking spaces provided by the Gas Station/Car Wash Project appears to be adequate because the observed peak parking demands did not exceed the on-site parking supply. • There are no vehicular queuing issues observed for the gas fueling lanes because the number of vehicles utilizing the gas pumps are less than the available 12 fueling positions. • There are no vehicular queuing issues observed at the car wash entrance because the peak number of vehicles waiting to enter the car wash are accommodated within the storage lane for the car wash entrance. Based on our observation, we conclude that the existing 76 Gas Station/Car Wash Project do not have on-site parking or circulation issues. Existing Site Uses The existing 76 Gas Station/Car Wash Project site is located east of Edinger Avenue and north of Jamboree Road within the existing Edinger Jamboree Plaza. Exhibit 1 shows an aerial photo of the existing site. The 76 Gas Station/Car Wash Project is consisted of the following exist uses: • A "76 Gas"fueling station with a 24-hour"Circle K" convenience market that has 12 fueling positions. 14725 Alton Parkway I Irvine,CA 92618 MBAKERINTL.COM Office:949.855.35o5IFax q_19.330 4130 We Make a Difference • A "Subway" sandwich shop is located within the 24-hour convenience market, but it has no indoor dining area. There are 7 outdoor tables with umbrellas placed in the front of the convenience market. • An automated car wash is located behind the convenience market. Self-serve vacuum units are installed at the southerly parking area behind the 7 parking stalls on the raised curb island. The vacuum units have recently been upgraded so that they are not interfering with the parking stalls. Customers:may use the vacuum free of charge.for 5 minutes with purchase of a car wash. • There are a.total of 11 on-site parking spaces. Six regular parking spaces and a handicap ' parking spaces are located on the south side of the site adjacent to the back of a medical office building; vacuum units are installed behind these 7 parking stalls on the raised curb island. Another four parking spaces are located on the-north side of the site adjacent to the main signalized access road for the commercial plaza. Based on a review of the existing site uses, it is anticipated that peak parking demand for the site would occur during the peak activity period of the car wash.All other land uses,are not anticipated to generate significant,parking demand. The parking demand-will have a quick turnover based on the nature of the land uses on the site. The parking demand for the gas fueling activity is accommodated by the fueling access lanes, and the gas fueling customers will typically continue park in.the fueling access lanes if they are making purchases from the convenience market or the sandwich shop. The 12 spaces at the gas pumps while not recognized by 'the code., are de facto parking spaces. They are also used by customers who are not purchasing gas.but are making a purchase at the convenience store or the sandwich shop. The convenience store and sandwich -shop customers generate very low parking demand because the majority of the customers:are gas fueling.customers, tenants walking from nearby offices, or commuters walking from the Tustin Metro-Link Station. Other Adiacent Uses within the Commercial Plaza The existing 76 Gas Station/Car Wash Project site is located within the existing Edinger Jamboree Plaza where it is occupied by other businesses-including medical offices, a beauty salon, a fast food restaurant, automobile care centers, a full service car wash and other commercial uses. The other uses in close proximity to the project are mostly medical offices and a'beauty salon. Each tenant has several designated parking stalls that are reserved for its customers. Al[other regular parking stalls are shared among the tenants within the commercial plaza. The overall parking supply for the commercial plaza appear adequate because empty parking spaces are available throughout the commercial plaza. However, for the parking area :in close proximity to the gas station, there are limited supply of parking stalls that may be used for the overflow parking of the Project during weekdays and Saturdays. On the other hand, since most businesses are closed on Sundays, there is.a large supply of parking stalls that may be used for the overflow parking of the Gas Station/Car Wash Project on Sundays. - 76 Gas Station/Car Wash.Project at 3017 Edinger Avenue in City of Tustin N T E R N A:T I O N A L PAnL3017 Edinger-2016.69.09.dnca On-Site Parking Assessment We Make a Difference Field Observation of On-Site Parkln_o and Circulation Field observation was conducted at the 76 Gas Station/Car Wash Project site during the following time periods when it anticipated that the overall on-site activity would generate peak parking demand: • Wednesday, May 18, 2016, 9:30 AM — 10:00 AM • Friday, May 20, 2016, 6:10—6:20 PM - • Saturday, May 21, 2016, 10:15-- 10:30 AM • Saturday, May 21, 2016, 12:00— 1:00 PM - • Sunday, May 22, 2016, 12:00— 12:15 PM Table 1 summarize the,parking and circulation observation for the Gas Station/Car Wash Project site. Table I — Field Observation Summary Obserired Tirrie Periods -Observed. 5/18/2016 5/20/2016 5/21/2016 5/21/2016 512112016, Items Wednesday Friday Saturday Saturday Sunday (Capacity) 9:30-10:00 AM 6:10-6:25 PM 10:1.5-10:30 AM 12:00-1:00 PM 12:00-12:15 PM Parking •2-4 5-7 3=5: 4-7 1-4 (1.1Stalls) Vehicles Vehicles Vehicles Vehicles Vehicles Fueling. 1-3 6-8 •3-5 3-7 3-6 (12-Pumps) Vehicles Vehicles Vehicles Vehicles Vehicles Car Wash 0-1 1-2 1-2 1-2 o-2 Queue- Vehicle Vehicles Vehicles' Vehicles Vehicles (3 Car Storage) Commercial Limited Limited Limited Limited Large Plaza Overflow Supply Supply Supply Supply Supply Parking Based on our field visits during the peak periods for the 76:Gas Station/Car Wash Project, we have observed the following: • The 11 on-site parking spaces provided by the Gas Station/Car Wash Project is adequate for the parking demand because the observed peak parking demands did not exceed the on-site parking supply. • There are no vehicular queuing issues observed for-the gas fueling lanes because the number of vehicles utilizing the gas pumps are less than the available 12 fueling positions. 76 Gas Station/Car Wash Project at 3017 Edinger Avenue in City of Tustin I N YE R H AT 10 R A L Pe""nL3017-Ednger-2016.0e.0s.d= On-Site Parking Assessment We Make a Di f ference • There are no vehicular queuing issues observed at the car wash entrance because the peak number of vehicles waiting to enter the car wash are accommodated within the storage lane for the car wash entrance. City of Tustin Jamboree Plaza Planned Community Parkinq Requirement Based on the Jamboree Plaza Planned Community District regulations, the parking requirement for a service station is six spaces. For the automated self-serve car wash, there is no additional space required when the car wash is in conjunction with the service station. For the retail use, the parking requirement is one space per 200 square.-feet. The number of parking spaces required by the Jamboree Plaza Planned Community District regulations is listed below for each existing land use: • 12-pump service station: 6 parking spaces; • Automated self-serve cars wash: none; and • 1,874 square foot convenience store: 9 parking spaces. The Jamboree Plaza Planned Community District regulations requires a total of 15 parking spaces based on individual uses of the Gas Station/Car Wash Project without considering the "shared' parking characteristic of multiple uses and time variation of individual peak demand. The-12 spaces at the fuel pumps, while not recognized by the code, are de facto parking spaces. The 12 spaces at the fuel pumps are also used by customers who are not purchasing gas but are making a purchase at the convenience store or the sandwich shop.The convenience store and sandwich shop customers generate very low parking demand because the majority of the customers are gas fueling-customers, tenants walking from nearby offices, or commuters walking from the Tustin .Metro-Link Station. Based on our observation, the 11 on-site parking spaces combined with the 12 fuel pump spaces (23 total spaces) provided by the Gas Station/Car Wash Project is adequate for the parking demand because the observed peak parking demands did not exceed the on-site parking supply. Conclusion Based on our observation, we conclude that the;existing 76 Gas Station/Car Wash Project do not have on-site parking or circulation issues. If you have any questions regarding this parking and circulation review, please contact me at 949.855.5754 or at tom.huang@mbakerintl.com. Sincerely, >20Z:!STom Huang, TE Senior Traffic Engineer H:1pdahl153763VLetteAParldrxy3017 Edinger-2016.M09.do= 76 Gas Station/Car Wash Project at 3017 Edinger Avenue in City of Tustin H T E R N.A T l O H A L Padang_3017_Edinger-2016.08.09.d= On-Site Parking Assessment 4 We Moke a Difference Exhibit 1 — Existing Site Northerly Parking Area: /� m 4 4 Regular Stalls Car Wash Entrance: 3 Car Storaqe Lane Gas ., Station: Fuel Pumps r our , Convenience Market & a Sandwich � , Shop g Southerly Parking Area: Not to Scale 6 Regular Stalls + 1 Handicap Stall, Vacuums units installed behind the stalls 11742 76 Gas Station/Car Wash Project at 3017 Edinger Avenue 1n City of Tustin I N T E R N A T I © N A L Porkriy 7011 Ed vpr D' 508.09dou On-Site Parking Assessment J ATTACHMENT E Planning Commission Resolution No. 4317 RESOLUTION NO. 4317 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 2016-12 FOR JOINT-USE PARKING TO ACCOMMODATE SERVICE STATION, CARWASH, VACUUMS, RETAIL AND SANDWICH SHOP, AND DESIGN REVIEW 2016- 015 FOR THE INSTALLATION OF THREE VACUUM UNITS ON AN EXISTING SERVICE STATION PROPERTY LOCATED AT 3017 EDINGER AVENUE. The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application has been submitted by Didar Singh for joint-use parking to accommodate service station,: carwash, vacuums, retail and sandwich shop uses and installation of vacuum units on a property located at 3017 Edinger Avenue. B. Pursuant to Tustin City Code (TCC) Section 9264, parking facilities may be used jointly for non-residential uses with different peak hours of operation with the approval of a Conditional Use Permit (CUP). C. That the site. is zoned as Planned Community Industrial (PC IND), subject to the Jamboree Plaza Planned Community District Regulations -- Planning Area A, where service stations, carwashes and convenience stores are permitted uses. The site has a General Plan Land Use designation of Planned Community Commercial/Business (PCCB). In addition, the project has been reviewed for consistency with the Air Quality Sub-element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub-element. D. That a public hearing was duly called, noticed, and held on said application on August 23, 2016, by the Planning Commission. E. That the establishment, maintenance, and operation of the proposed use will not, under the circumstances of this case, be detrimental to the health., -safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare, in that: 1. A Parking Assessment dated August 9, 2016, was prepared by licensed traffic engineer Tom Huang, of Michael Baker International, in accordance with TCC Section 9264. Resolution No. 4317 Page 2 2. The Parking Assessment has been reviewed and accepted by the City's Traffic Engineer for methodology and accuracy. 3. That pursuant Resolution No. 09-61, the property is required to provide fifteen (15) parking spaces, including eleven (11) onsite parking spaces and four (4) offsite parking spaces. That there are eleven (11) parking spaces provided on the site. A parking demand analysis determined a peak use of seven (7) parking spaces. Therefore, the Parking Assessment finds that adequate parking is available and no substantial conflict will exist in the peak hours of parking demand for the proposed uses. 4. That all of the on-site parking spaces are designated for joint use and are located such that they will adequately serve the uses for which they are intended. 5. That there are no queuing issues within the site that would impact the surrounding properties 6. That the proposed use, as conditioned, will not have a negative effect on surrounding properties, or impact traffic based on the availability of parking in that sufficient parking and circulation would be available on- site. F. That the location, size, and general appearance of the proposed project, as conditioned, is compatible with the surrounding area in that the vacuum units are screened from the public right-of-way and designed with a low profile and minimal appearance. The proposal will not impair the orderly and.harmonious development of the area, the present or future development therein, or the occupancy as a whole. In making such findings, the Planning Commission has considered at least the following items: 1. Height, bulk, and area of,proposed structure. 2. Setbacks and site planning. 3. Exterior material and colors. 4. Landscaping, parking area design and traffic circulation. 5. Physical relationship of proposed structures to existing structures in the neighborhood. 6. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. 7. Development guidelines and criteria as adopted by the City Council. 11. The Planning Commission hereby approves CUP 2016.12: and Design Review 2016-015 authorizing the establishment of joint-use parking to accommodate service station, carwash, vacuum, retail and sandwich shop uses and installation of Resolution No. 4317 Page 3 vacuum units within parking spaces, subject to the conditions contained within Exhibit A attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 23rd day of August, 2016. AUSTIN LUMBARD Chairperson ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4317 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 23rd day of August, 2016. PLANNING COMMISSIONER AYES: PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A RESOLUTION NO. 4317 CONDITIONAL USE PERMIT 2016-12: JOINT-USE PARKING DESIGN REVIEW 2016-015: VACUUM UNITS 3017 EDINGER AVENUE CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the Parking Demand Analysis for the project date stamped August 23,,2016, on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Director of Community Development may also approve subsequent minor modifications if such modifications are consistent with provisions of the Tustin City Code (TCC). (1) 1.2 This approval shall become null and void unless the use is established within twelve (12) months of the date of this Exhibit. Time extensions may be granted if a written request is received by the Community Development Department within.thirty (30) days prior to expiration. (1) 1.3 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified, subject to review and approval by the Community Development Department. (1) 1.4 Approval of Conditional Use Permit (CUP) 2016-12 and Design Review (DR) .2016-015 is contingent upon the applicant signing and returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the property.owner signing and recording with the County Clerk-Recorder a notarized "Notice of Discretionary Permit Approval and Conditions of Approval" form. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. (1) 1.5 Any violation of any of the conditions imposed is subject to issuance of an administrative citation pursuant to TCC 1162(a). (1) 1.6 CUP 2016-12 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. The Community Development Director shall review the use to ascertain compliance with SOURCE CODES (1)STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2)CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) BUILDING CODE (7) PC/CC POLICY (4) DESIGN REVIEW "+ EXCEPTION Exhibit A Resolution No. 4317 Page 2 conditions of approval. if the use is not operated in accordance CUP 2016-12, or is found to be a nuisance or negative impacts are affecting the surrounding businesses or neighborhood, the Community Development Director shall impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the CUP. (1) 1.7 As a condition of approval of CUP 2016-12 and DR 2016-015, the applicant and property owner shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision-making body, including staff, concerning this project. The City agrees to promptly notify the applicant and property owner of any such claim or action filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in defense of any such action under this condition. (1) 1.8 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. Within ten (10) days after approval, the applicant shall pay $675.24 to reimburse the City for cost related to Code Enforcement activity. USE RESTRICTIONS *** 2.1 A total of eleven (11) on-site parking spaces and (4) offsite parking spaces shall be maintained at all times. Any reduction of on-site parking, change of tenant spaces/uses, parking lot and/or circulation shall be reviewed and approved by the Community Development Department. 2.2 The carwash use shall be maintained as an automated, self-serve carwash operation. No employees shall be permitted to attend to carwash customers to assist in the purchase transaction and wash service. (1) 2.3 Any changes to the hours of operation, number of parking spaces, and/or services provided require review and approval of the Community Development Director and may require an amendment to the joint use parking study. Exhibit A Resolution No. 4317 Page 3 (1) 2.4 If in the future the City determines that a parking problem exists on the site or in the vicinity as a result of the proposed project or if the parking analysis does not support the uses as concluded, the Community Development Director may require the applicant to prepare a parking demand analysis and bear all associated costs. If the Study indicates that there is inadequate parking, the applicant shall be required to provide immediate interim and permanent measures to be reviewed and approved by the Community Development Department and the Public Works Department. *** 2.5 The applicant shall continually monitor the vacuum units area multiple times a day and ensure that the area is properly maintained, is free of debris, and the vacuum hoses are property stored when not in use. *** 2.6 The applicant shall remove all unpermitted signs on the property. PLAN SUBMITTAL (1) 3.1 The applicant shall obtain a building permit for the installation of the vacuum units. The applicant shall submit plans to the Building Division for the vacuum units for review and approval. FEES (1) 4.1 Within forty-eight (48) hours of final approval of the project, the applicant shall deliver to the Community Development Department, a CASHIER'S CHECK payable to the County Clerk in the amount of fifty dollars ($50.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period that applicant has not delivered to the Community Development Department the above-noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened.