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HomeMy WebLinkAboutPC RES 4317 1 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. II. 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 /z� C 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: Kozak, Mason, Thompson (3) PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: Lumbard {1} PLANNING COMMISSIONER ABSENT: Smith 1 l � 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) PCICC 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 the Commission's approval, the applicant shall pay $675.24 to reimburse the City for cost related to Code Enforcement activity. The approval shall not become effective unless said costs are paid. 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 Exhibit A Resolution No. 4317 Page 3 Development Director and may require an amendment to the joint use parking study. (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 properly stored when not in use. The applicant shall regularly maintain the vacuum system and keep it in good working order. *** 2.6 The applicant shall remove all unpermitted signs on the property. *** 2.7 No external car care vending machines shall be installed in conjunction with the carwash and vacuum service. PLAN SUBMITTAL (1) 3.1 The applicant shall suspend use and operation of the vacuum system until the applicant has obtained a building permit and final inspection approval for said system. The applicant shall submit plans for City review and approval and obtain a building permit for the installation of the vacuum units within thirty (30) days from the date of Conditional Use Permit and Design Review 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.