HomeMy WebLinkAbout02 ANCILLARY SERVICE STATION 1001 EDINGER AVENUE • ITE.M : 2
AGENDA REPORT
MEETING DATE: AUGUST 8, 2017
TO: PLANNING COMMISSION
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: CONDITIONAL USE PERMIT 2016-25, DESIGN REVIEW 2016-21 AND
LOT LINE ADJUSTMENT 2017-01
APPLICANT: GALAXY OIL COMPANY
303 NORTH PLACENTIA AVENUE
FULLERTON, CA 92831
PROPERTY OWNER: GEOFF MOORE
MUTUAL LIQUID GAS & EQUIPMENT CO. INC.
17117 SOUTH BROADWAY
GARDENA, CA 90248
LOCATION: 1001 EDINGER AVENUE
GENERAL PLAN: PLANNED COMMUNITY COMMERCIAL/BUSINESS
ZONING: PLANNED COMMUNITY COMMERICIAL
PACIFIC CENTER EAST SPECIFIC PLAN
ENVIRONMENTAL: THIS PROJECT IS CATEGORICALLY EXEMPT PURSUANT
TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA) SECTIONS 15301 , CLASS 1 AND 15332, CLASS 32,
REQUEST: A REQUEST TO ESTABLISH AN ANCILLARY SERVICE
STATION AT AN EXISTING LIQUID INDUSTRIAL
AUXILIARY FUEL SUPPLY OPERATION.
PC Report
August 8. 2017
CUP 2016-25, DR 2016-21, LLA 2017-01
Page 2
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1001 Edinger Avenue
RECOMMENDATION:
That the Planning Commission adopt Resolution No. 4347, approving Conditional Use
Permit (CUP) 2016-25, design Review (DR) 2016-21 to establish an ancillary service
station at an existing liquid industrial auxiliary fuel supply operation (UP 68-266) at 1001
Edinger Avenue, and Lot Line Adjustment (LLA) 2017-01 to combine three (3) parcels
(APN: 430-252-02, 430-252-10 and 430-252-11) on the subject property.
APPROVAL AUTHORITY:
The project site is located within the Planned Community Commercial Use (PC COM)
zoning district and within the Pacific Center East Specific Plan (PCESP), in the
Technology Center subarea. The PCESP permits accessory commercial uses, such as
service stations subject to approval of a CUP. Pursuant to Tustin City Code (TCC)
Section 9291c, the Planning Commission has the authority to review and take action on
cups.
BACKGROUND:
Project Site and Surrounding Uses
The project site is located on an approximately one-acre site developed with two (2)
buildings totaling 3,048 square feet for the existing Mutual Liquid Gas & Equipment Co.
(Mutual Propane) business.
PC Report
August 8, 2017
CUP 2016-25, DR 2016-21, LLA 2017-01
Page 3
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Site Plan
The existing Mutual Propane business is an existing liquid industrial auxiliary fuel supply
operation established by Use Permit (UP) 68-266, which permitted the installation of a
liquid gas storage tank at the subject property. The proposed service station would be
located adjacent to Edinger Avenue, at the southern end of the property.
The existing Mutual Propane business consists of two (2) buildings located toward the
rear of the property. The front building serves a dual use as an office and shop area,
and the back building and propane tank is available for customers for propane fill use.
Additionally, there is a 60-foot "Propane" pole sign that was approved to be relocated in
front of the front Mutual Propane business building in 2006.
The subject property is bound by California State Route 55 to the west, railway tracks
and a residential community to the north, City-owned vacant property to the east, and
the Fairfield Inn & Suites hotel across Edinger Avenue to the south.
DISCUSSION:
Proposal
The applicant is proposing to develop an unmanned 76 Service Station on the site, which
features an existing liquid industrial auxiliary fuel supply operation. The service station
would be developed as an accessory use to the existing Mutual Propane business. The
site would be improved with four (4) pumping stations, a utility kiosk, an air and water unit,
new landscaping and new trash enclosures that would service both businesses.
PC Report
August 8, 2017
CUP 2016-25, DR 2016-21, LLA 2017-01
Page 4
The subject property is comprised of three (3) parcels (APNs: 430-252-02, 430-252-10
and 430-252-11). In order to ensure that the service station remains ancillary to the
Mutual Propane business, the applicant has submitted a LLA application to combine all
parcels at the subject property.
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Proposed Site Plan
ANALYSIS:
Business Hours and Security
The 76 Service Station is proposing to operate twenty-four (24) hours a day, seven (7)
days a week. The proposed 76 Service Station would be open to the public and operate
as an unmanned facility twenty-four (24) hours a day, seven (.7) days a week. Mutual
Propane staff would conduct scheduled walk-throughs to ensure cleanliness of the site,
PC Report
August 8, 2017
CUP 2016-25, DR 2016-21, LLA 2017-01
Page 5
visually inspect that all fueling operations are in good working condition and provide
additional security during their daily operating hours.
The proposed business hours of the service station are compatible with the surrounding
businesses in that the business offers a consumer service during all hours. In the interest
of safety to patrons, Condition 2.3 of Resolution No. 4347 would require the property
owner to provide security personnel to monitor the business and surrounding areas
between the late hours of 11:00 p.m. and 6:00 a.m. Modifications to the hours of operation
may be limited by the Community Development Director if it is determined that impacts to
the surrounding tenants or properties are occurring.
In addition to late hour security personnel, the site is equipped with on-site security
cameras to monitor the existing Mutual Propane business and the proposed service
station.
Parking and Noise
The existing Mutual Propane business features twelve (12) parking spaces that provide
access to the business. Pursuant to TCC Section 9263g, the parking requirement for a
service station is one (1) parking space for each pump island. In accordance, as part of
this project, four (4) additional parking spaces are proposed to for the service station for a
total of sixteen (16) spaces on the project site. Furthermore, no employees or
convenience store are being proposed to service this business so parking impacts are not
anticipated.
If negative parking impacts occur, the applicant would be required to address the problem,
such as modifying business hours and operations and/or providing additional parking
spaces.
The proposed use would not create a noise impact on the surrounding area since the
business is not located directly adjacent to any businesses and subject to the Tustin Noise
Ordinance and General Plan Noise Element. Overall, as conditioned, the 76 Service
Station would be compatible with surrounding uses in that scope of operations would be
compatible with other uses in the area.
Design Review
The proposed project would be developed on a 25,882 square-foot vacant parcel of land at
the subject property adjacent to Edinger Avenue. An existing CMU block wall would provide
security to the Mutual Propane business and act as a buffer between the existing and
proposed businesses. Customers would enter the site traveling eastbound on Edinger
Avenue off an existing driveway apron that would service the existing and proposed
businesses. The location of the pump islands and the site configuration on the site can
PC Report
August 8, 2017
CUP 2016-25, DR 2016-21, LLA 2017-01
Page 6
accommodate the stacking two (2) vehicles. The site design would also accommodate high
profile fuel-servicing trucks and vehicular customers.
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Proposed Elevation
The proposed 2,500 square-foot canopy is proportionately sized to the site and incorporates a
decorative stacked stone on the lower end of the pump island columns, which would also be
featured on the future monument sign. No buildings are being proposed as part of this project.
aside from a pre-fabricated steel utility kiosk that would be located toward the rear of the
property near the trash enclosure area for the service station. The site currently has no
landscaping, and the proposed project would be fully landscaped fronting Edinger Avenue
and around the perimeter parking area of the service station, which would enhance the
appearance of the property.
Signs
As part of the development of the service station, the applicant will be required to have signs
pursuant to State Law to advertise the type and pricing of the fuel. The applicant has
indicated that the signs plans will be submitted at a later time and in conjunction with
construction drawings. Currently there is a 60-foot "Propane" pole sign that was approved for
relocation towards the front of the Mutual Propane business building in 2006 as part of
Edinger street widening. This sign is non-conforming and is subject to removal. Should the
applicant wish to install a new freestanding freeway sign (for automobile services only) that is
conforming to TCC Section 9404b3, approval of a Conditional Use Permit is required.
PC Report
August 8, 2017
CUP 2016-26, DR 2016-21, LLA 2017-01
Page 7
Pursuant to TCC Section 9403h., a master sign plan is required for developments in specific
pian areas in the City. Accordingly, condition 3.1 of Resolution 4347 will require the applicant
to apply for a Master Sign Program for the property and address the existing pole sign.
Lot Line Adjustment
LLA 2017-01 is a proposal to remove the common interior property lines among three (3)
parcels (APNs: 430-252-02, 430-252-10 and 430-252-11) on the subject property for the
purpose of merging the three (3) parcels into a single parcel. All three (3) parcels are owned
by the property owner and the consolidation of the three (3) parcels would ensure that the
proposed service station remain ancillary to the primary Mutual Propane business.
Condition 5.1 of Resolution No. 4347 require the applicant to record a new deed reflecting
LLA No. 2017-01, concurrent with recording the subject LLA, with the Recorder's Office of
Orange County, California prior to permit issuance.
ENVIRONMENTAL:
This project is categorically exempt from further environmental review pursuant to the
California Environmental Quality Act (CEQA) Section 15301, Class 1, "Existing
Facilities" and Section 15332, Class 32, "In-Fill Development Projects" in that the project
is an existing facility and involves less than 50 percent of the floor area of the structures
before the addition and serves as an in-fill development project.
FINDINGS:
In determining whether to approve the CUP for the project, the Planning Commission
must determine whether or not the proposed use would be detrimental to the health,
safety, morals, comfort, or general welfare of the persons residing or working in the
neighborhood, nor be injurious or detrimental to the property and improvements in the
neighborhood of the subject property, or to the general welfare of the City of Tustin; and
that the project meets the required findings for the LLA as identified in TCC Section 9323.
In determining whether to approve the DR for the project, the Planning Commission must
determine whether it can be found that the size, architectural features and general
appearance of 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. A decision
to approve this request may be supported by the following findings:
1) The proposed use, as conditioned, would not be detrimental to surrounding
properties in that the scope of operations for the proposed service station would
be ancillary and compatible and provide support services for the uses in the
area.
PC Report
August 8, 2017
CUP 2016-25, DR 2016-21, LLA 2017-01
Page 8
2) The proposed use is not anticipated to result in parking impacts since the site
provides the required number of parking spaces to service both businesses.
Parking for the subject use would be limited to spaces available on-site by
requiring one (1) space for each pump island, which would further be supported
by not servicing employees or a convenience store at the subject location.
3) The proposed use, as conditioned, would not create a noise impact on the
surrounding neighborhood since the service station would be subject to the
Tustin Noise Ordinance and General Plan Noise Element.
4) The proposed use would not be detrimental to the surrounding properties in that
the hours of operation of the instruction would be consistent with the general
business hours of other businesses within the surrounding vicinity.
5) The location, size and general appearance of the proposed service station is
compatible of the existing structures and surrounding area in that the proposed
improvements, including the canopy, is proportionately sized to the site.
6) The proposed LLA complies with the State Subdivision Map Act and TCC Section
9323.
7) As conditioned, the applicant will be required to submit a Master Sign Plan and
address the existing non-conforming pole sign.
T
Jes ca Aguilar Elizabeth A. Binsack
Assistant Planner Director of Community Development
Attachments:
A. Location Map
B. Land Use Fact Sheet
C. Submitted Plans
D. Resolution No. 4347
ATTACHMENT A
Location Map
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Location Map
1001 Edinger Avenue
ATTACHMENT B
Land Use Fact Sheet
LAND USE APPLICATION FACT SHEET
1. LAND USE APPLICATION NUMBER(S): CUP 2016-25, DR 2016-21 & LLA 2017-01
2. LOCATION: 1001 EDINGER AVENUE
3. APN(S): 430-252-02, 430-252-10. 430-252-11
4. PREVIOUS OR CONCURRENT APPLICATION RELATING TO THIS PROPERTY:
UP 68-266: LIQUID GAS STORAGE TANK FOR INDUSTRIAL FUEL SUPPLY
5. SURROUNDING LAND USES:
NORTH: Residential SOUTH: Commercial
EAST: Vacant WEST: City of Santa Ana
6. SURROUNDING ZONING DESIGNATION:
NORTH: (Across railway tracks) Planned Development(PD)
SOUTH: (Across Edinger Avenue) Planned Community Commercial (PC COMM) & Pacific
Center East Specific Plan
EAST: Planned Community Commercial (PC COMM) & Pacific Center East Specific Plan
WEST: (Across California State Route 55) City of Santa Ana
7. SURROUNDING GENERAL PLAN DESIGNATION:
NORTH. (Across railway tracks) High Density Residential (HDR)
SOUTH: (Across Edinger Avenue) Planned Community Commercial/Business (PCCB)
EAST: Planned Community Commercial/Business (PCCB)
WEST: (Across California State Route 55) Cily of Santa Ana
8. SITE LAND USE:
EXISTING PROPOSED
Use: Commercial No Change
Zoning: Planned Community Commercial & No Change
Pacific Center East Specific Plan
General Plan: Planned Community Commercial/Business No Change
DEVELOPMENT FACTS:
9. LOT AREA: 67,850 square feet or 1.56 acres
10. BUILDING LOT COVERAGE: 100% MAX. PERMITTED 4.9% PROPOSED
11. SITE LANDSCAPING: REQUIRED 20 feet FRONTING EDINGER AVENUE
5% INTERIOR PARKING LOT
PROPOSED 24.2 feet FRONTING EDINGER AVENUE
21% INTERIOR PARKING LOT
12. OPEN SPACE: NIA REQUIRED NIA PROPOSED
13. PARKING: MUTUAL PROPANE: REQUIRED 4.5 spaces/1,000 s.f.
PROVIDED 12 spaces
76 STATION: REQUIRED 1 parking space/pumping island
PROPOSED 4 spaces
14. OTHER UNIQUE CONDITIONS ASSOCIATED TO THE PROPERTY(I.E. SPECIAL STUDY ZONES,
EASEMENTS, ETC.) -TUSTIN AVENUE AND NEWPORT AVENUE EXTENSIONS
(ABANDONED)
Forms:LandUseApplicationFactSheet
ATTACHMENT C
Submitted Plans
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DESIGN REVIEW 2018.21 .:l)M I i ZONAL LISE PERMIT 2016-25.LUT LINE ACJLS7'mENT 2017-01
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ATTACHMENT D
Resolution No. 4347
RESOLUTION NO. 4347
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, CALIFORNIA, APPROVING CONDITIONAL
USE PERMIT 2016-25, DESIGN REVIEW 2016.21 AND 'LOT
LINE ADJUSTMENT 2017-01 TO AMEND USE PERMIT 62-266
AUTHORIZING THE ESTABLISHMENT OF AN ANCILLARY
SERVICE STATION TO AN EXISTING LIQUID AUXILIARY
FUEL SUPPLY OPERATION AT 1001 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 proper application for Conditional Use Permit (CUP) 2016-25, Design
Review (DR) 2016-21 and Lot Line Adjustment (LLA) 2017-01 has been
submitted by Galaxy Oil Company, requesting authorization for to establish
an ancillary service station to an existing liquid auxiliary fuel supply operation
located at 1001 Edinger Avenue.
B. That on July 22, 1968, the Planning Commission approved Use Permit (UP)
68-266 to permit installation of a liquid gas storage tank for industrial
auxiliary fuel supply at 1001 Edinger Avenue.
C. That on March 13, 2006, the City approved Building Permit No. S06-0024 to
relocate an existing 60-foot pole sign for the Mutual Liquid Gas & Equipment
Co. (Mutual Propane) business. Pursuant to Tustin City Code (TCC)
Section 9403h., a master sign plan is required for developments in specific
plan areas in the City. The pole sign will be addressed as part of the master
sign plan proposal.
D. That the site is zoned as Planned Community Commercial (PC COM) and
within the Pacific Center East Specific Plan (PCESP) and has a land-use
designation of Planned Community Commercial/Business (PCCB). 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.
E. Pursuant to the PCESP Section 4.5C., accessory commercial uses, such as
service stations, are permitted subject to approval of a CUP.
F. That a public hearing was duly called, noticed, and held on said
application on August 8, 2017, by the Planning Commission.
G. That the establishment, maintenance, and operation of the proposed
ancillary services station to an existing Iiquid auxiliary fuel supply
operation will not, under the circumstances of this case, be detrimental to
Resolution No.4347
Page 2
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 of the .City
of Tustin in that:
1) The proposed ancillary use, as conditioned, would not be detrimental to
surrounding properties in that the scope of operations for the proposed
service station would be compatible and consistent with the uses in the
area.
2) The proposed use is not anticipated to result in parking impacts since
the site provides the required number of parking spaces to service both
businesses. Parking for the subject use would be limited to spaces
available on-site by requiring one (1) space for each pump island.
3) The proposed use, as conditioned, would not create a noise impact on
the surrounding neighborhood since the service station would be subject
to the Tustin Noise Ordinance and General Plan Noise Element.
4) The proposed use will not be detrimental to the surrounding properties in
that the hours of operation of the instruction would be consistent with the
general business hours of other businesses within the surrounding
vicinity.
5) As conditioned, the applicant will be required to submit a Master Sign
Plan and address the existing non-conforming pole sign.
H. That the location, size, and general appearance of the proposed project, as
conditioned, is compatible with the surrounding area in that the proposed
improvements, including the canopy, is proportionately sized to the site.
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) Type,and pitch of roofs.
5) Landscaping, parking area design and traffic circulation.
Resolution No. 4347
Page 3
6) Location, height and standards of exterior illumination.
7) Location and method of refuse storage.
8) Physical.relationship of proposed structures to existing structures.
9) Appearance and design relationship of proposed structures to existing
structures and possible future structures in the area and public
thoroughfares.
10)Development guidelines and criteria as adopted by the City Council.
I. That as.conditioned, the proposal would be in conformance with the State
Subdivision Map Act and TCC Section 9323 (Subdivision Code) in that:
1) The proposal is eligible for processing as a lot line adjustment pursuant
to Section 66412(d) of the California Subdivision Map Act.
2) Only four or fewer existing, adjoining parcels are involved.
3) No greater number of parcels will result from LLA 2017-01.
4) The resultant parcels will meet the requirements of the City of Tustin
Zoning Code.
5) The Public Works Engineering Division has reviewed LLA 2017-01 and
found it to be technically correct.
J. This project is categorically exempt from further environmental review
pursuant to the California Environmental Quality Act (CEQA) Section
15301, Class 1, "Existing Facilities" and Section 15332, Class 32, "In-Fill
Development Projects".
II. The Planning Commission hereby approves CUP 2016-25, DR 2016-21 and LLA
2017-01 for the establishment of an ancillary service station at an existing liquid
industrial fuel supply operation at 1001 Edinger Avenue.
Resolution No.4347
Page 4
PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular
meeting on the 8th day of August, 2017.
RYDER TODD SMITH
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. 4347 was
duly passed and adopted at a regular meeting of the Tustin Planning Commission, held
on the 8th day of August, 2017.
PLANNING COMMISSIONER AYES:
PLANNING COMMISSIONER NOES:
PLANNING COMMISSIONER ABSTAINED:
PLANNING COMMISSIONER ABSENT:
ELIZABETH A. BINSACK
Planning Commission Secretary
EXHIBIT A
CONDITIONS OF APPROVAL
MUTUAL PROPANE & 76 GAS STATION
1001 EAST EDINGER AVENUE
GENERAL
(1) 1.1 The proposed project shall substantially conform with the submitted
plans for the project date stamped August 8, 2017, 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 to plans during plan check 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) 2016-25, Design Review
(DR) 2016-21 and Lot Line Adjustment (LLA) 2017-01 and amendment
to Use Permit (UP) 68-288 is contingent upon the applicant and
property owner 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).
SOURCE CODES
(1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENTS
(2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES
(3) UNIFORM BUILDING CODEIS (7) PC/CC POLICY
(4) DESIGN REVIEW "** EXCEPTIONS
Exhibit A
Resolution No.4347
CUP 2016-25, DR 2016-21 & LLA 2017-01
Page 2
(1) 1.6 The applicant shall be responsible for costs associated with any
necessary code enforcement action, including attorney's fees, subject to
the applicable notice, hearing, and appeal process as established by the
City Council by ordinance.
(1) 1.7 CUP 2016-25 may be reviewed annually or more often, if deemed
necessary by the Community Development Department, to ensure
compatibility with the area and compliance with the conditions
contained herein. If the use is not operated in accordance with the
conditions of approval or is found to be a nuisance or negative impacts
are affecting the surrounding tenants or neighborhood, the Community
Development Director may impose additional conditions to eliminate the
nuisance or negative impacts, or may initiate proceedings to revoke the
CUP.
(1) 1.8 If in the future the City's Community Development Director, Police
Chief, and/or Public:Works Department determine that a parking or on-
site circulation problem exists on the site or in the vicinity as a result of
the facility, the Community Development Director, Police Chief, and/or
Public Works Department may require that the applicant prepare a
parking demand analysis or traffic study, the applicant shall bear all
associated costs. If said study indicates that there is inadequate parking
or a traffic or noise problem, the applicant shall be required to provide
measures to be reviewed and approved by the Community
Development Department, Police- Chief, and/or Public Works
Department. Said measures may include, but are not limited to, the
following:
a) Reconfigure on-site circulation;
b) Installation of additional traffic and/or directional signage;
and/or
c) Provide additional parking.
(1) 1.9 As a condition of approval of CUP 2017-25, DR 2016-21, LLA 2017-01,
the applicant 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 of any such claim or action filed against
the. City and to fully cooperate in the defense of any such action. The
Exhibit A
Resolution No.4347
CUP 2016-25, DR 2016-21 &LLA 2017-01
Page 3
City may, at its sole cost and expense, elect to participate in defense of
any such action under this condition.
USE RESTRICTIONS
(1) 2.1 The service station shall remain as an ancillary use to the primary
propane business use and its operation is contingent on the ongoing
operation of the propane business. If the primary use ceases to exist,
the property owner shall remove the ancillary use unless a new primary
use consistent with the intent of the zoning of the property is approved
by the City.
*** 2.2 The existing Mutual Propane business hours of operation will continue
to be as follows:
Monday— Saturday: 7:00 a.m. to 4:30 p.m.
Modifications to the hours of operation may be approved by the Director
of Community Development if it is determined that no impacts to
surrounding tenants or properties will occur.
*** 2.3 The proposed service station business hours are twenty-four (24) hours
a day, seven (7) days a week. At minimum, the applicant and/or the
property owner shall provide security personnel to monitor the business
and surrounding areas between the late hours of 11:00 p.m. and 6:00
a.m. Modifications to the hours of operation may be limited by the
Community Development Director if it is determined that impacts to the
surrounding tenants or properties are occurring.
*** 2.4 The applicant shall provide point of contact information to all on-site
personnel for emergencies, maintenance and operation issues.
(1) 2.5 The gate enclosing the Mutual Propane business shall be secure and
locked during non-operating business hours.
(1) 2.6 No outdoor storage is permitted or display of materials shall be
permitted except allowed by the Zoning Code.
(1) 2.7 Storage and/or advertising of vehicles for sale or lease is not permitted.
(1) 2.8 Water and air shall be provided to customers at no cost and available
twenty-four(24) hours a day, seven (7) days a week. All air hoses shall
be equipped with operating and accurately calibrated gauges.
Exhibit A
Resolution No. 4347
CUP 2016-25, DR 2016-21 &LLA 2017-01
Page 4
(1) 2.9 The subject property shall be maintained in a safe, clean and sanitary
condition at all times. The property owners shall be responsible for the
daily maintenance and up-keep of the businesses, including but not
limited to trash removal, painting, graffiti removal, and maintenance of
improvements to ensure that the facilities are maintained in a neat and
attractive manner.
SITE DESIGN
(1) 3.1 All on-site signs shall comply with the City's Sign Code. Prior to the
issuance of a sign permit, the applicant must apply for a Master Sign
Program for the property. The master sign program must address the
existing pole sign (Propane business sign) by removing the sign.
Freestanding freeway sign to provide identification of business that
provide services to freeway motorist (for automobile services only)
pursuant to TCC 9404b.3 is subject to approval of a Conditional Use
Permit.
(1) 3.2 "No Parking" signage shall be posted on the gate enclosing Mutual
(5) Propane business during non-operating hours.
(1) 3.3 "No Loitering" signage shall be posted on the site.
(1) 3.4 Outdoor vending activities are prohibited.
(1) 3.5 All utility services serving the site shall be installed and maintained
(4) underground. -
(5) 3.6 All lighting and -building locking devices added to the premises shall
meet those requirements as set forth in the Building Security and
California Fire Codes.
(1) 3.7 Facility Solid Waste Collection and Recycling Pian.
(5) a) The applicant, property owner, and/or tenant(s) are required
to participate in the City's recycling program.
r
b) Waste and Recycling collection facilities shall be equally and
. readily accessible by the property owner(s) or tenant(s).
c) Waste and Recycling collection facilities must be placed in a
location that can be easily and safely accessed by the solid
waste hauler while utilizing either front loader or side loading
equipment.
Exhibit A
Resolution No. 4347
CUP 2016-25, DR 2016-21 & LLA 2017-01
Page 5
d) Adequate collection capacity shall be provided to insure that
collection frequency shall not exceed four (4) times per week
for commercial customers.
e) Trash enclosures shall utilize the City's standard enclosure
designed with roof to accommodate at least two (2) 4-yard
bins, with at least one (1) bin reserved for recyclable
materials.
LANDSCAPE
(1) 4.1 Landscaped areas shall be maintained and watered and all dead plant
material is to be removed and replaced by the property owner. The
landscaping is to be installed in accordance to the City of Tustin Water
Efficient Landscape Ordinance.
(1) 4.2 At plan check, complete detailed landscaping and irrigation plans for all
landscaping areas are required, consistent with the approved
landscape plans, City Council Ordinance 1465, adopted Guidelines for
Implementation of Tustin's Water Efficient Landscape Ordinance and
TCC Section 9266e.
(1) 4.3 Backflow devices and double. detector checks shall be painted to
match surrounding landscaping when in planters or painted to match
the building when located adjacent to a building. Landscaping shall be
utilized to screen the devices where possible.
LOT LINE ADJUSTMENT
(1) 5.1 Prior to issuance of.any permit, the applicant shall record a new deed
(4) reflecting LLA No. 2017-01, concurrent_with recording the subject LLA,
with the Recorder's Office of Orange County, California prior to permit
issuance.
PLAN SUBMITTAL
*** 6.1 Prior to issuance of any permit, the applicant shall record an access
easement as a separate instrument to the property allowing the City of
Tustin access to the property's driveway apron and driveway for
passage to parcel 430-252-05.
(1) 6.2 The plans shall comply with the latest edition of State and City of Tustin
(3) adopted codes: California Building Code, California Electrical Code,
(5) California Plumbing Code, City Ordinances, and. State and Federal laws
and regulations.
Exhibit A
Resolution No. 4347
CUP 2016-25, DR 2016-21 & LLA 2017-01
Page 6
(1) 6.3 Construction and Demolition Waste Recycling and Reduction Plan
(5) (WRRP).
a) The applieanticontractor is required to submit a WRRP to the
Public Works Department. The WRRP must indicate how
the applicant will comply with the City's requirement (TCC
Section 4351, et al) to recycle at least 65% of the project
waste material or the amount required by the California
Green Building Standards Code.
b) The applicant will be required to submit a $50.00 application
fee and a cash security deposit in the amount of five (5)
percent of the. project's valuation as determined by the
Building Official, rounded to the nearest thousand, or $2,500,
whichever is greater. In no event shall a deposit exceed
$25,000.
c) Prior to issuance of any permit, the applicant shall submit the
required security deposit in the form of cash, cashier's check,
personal check, or money order made payable to the "City of
Tustin".
(1) 6.4 Prior to any work in the public right-of-way, an Encroachment Permit
shall be obtained from and applicable fees paid to the Public Works
Department.
(1) 6.5 Prior to issuance of any permit, the applicant shall apply and obtain
approval for the following applications:
a) Fire master plan (service code PR145)
b) Tanks storing hazardous materials (service codes PR300-
PR305)
WATER QUALITY MANAGEMENT PLAN
(1) 7.1 This development shall comply with all applicable provisions of the City
of Tustin Water Quality Ordinance and all Federal, State, and Regional
Water Quality Control Board rules and regulations.
(1) 7.2 Prior to issuance of any permits, the applicant shall submit for approval
by the Community Development and Public Works Departments, a
WQMP. If the WQMP has been determined to be a Priority WQMP, it
shall identify Low Impact Development (LID) principles and Best
Management Practices (BMPs) that will be used on-site to retain storm
water and treat predictable pollutant run-off. The Priority WQMP shall
Exhibit A
Resolution No. 4347
CIDP 2016-25, DR 2016-21 & LLA 2017-01
Page 7
identify: the implementation of BMPs, the assignment of long-term
maintenance responsibilities (specifying the developer, parcel owner,
maintenance association, lessees, etc.), and reference to the
location(s) of structural BMPs.
(1) 7.3 Prior to submittal of a WQMP, the applicant shall submit a deposit of
$2,700.00 to the Public Works Department for the estimated cost of
reviewing the WQMP.
(1) 7.4 Prior to issuance of any permits, the applicant shall record a "Covenant
and Agreement Regarding Q & M Plan to Fund and Maintain Water
Quality BMPs Consent to Inspect, and Indemnification". This
document shall bind current and future owner(s) of the property
regarding implementation and maintenance of the structural and non-
structural BMPs as specified in the approved WQMP.
(1) 7.5 Prior to issuance of an Encroachment Permit, the applicant shall
submit 24" x 36" reproducible water improvement plans to the Public
Works Department for review and approval. The plans shall be
prepared by a California Registered Civil Engineer and shall clearly
show existing and proposed water improvements, as well as other
topographic features and underground utilities. Plans must follow the
latest City of Tustin Water Standards and the American Water Works
Association (AWWA) guidelines. In case of a conflict, the City of Tustin
Water Standards shall prevail.
(1) 7.6 In accordance with the plans, a backflow prevention device may be
required to protect the public water system from cross connections.
a) If a double check detector assembly (DCDA) is required,
an easement for public utility access purposes must be
dedicated to the City of Tustin. The easement shall start
from the public right-of-way up to the DCDA with a
minimum distance of five (5) feet all around the DCDA to
allow for unobstructed access, inspection, testing, and
maintenance.
.b) If a building sprinkler system is required by the Orange
County Fire Authority (OCFA), the applicant shall be
required to provide a backflow prevention device at his or
her expense to prevent cross contamination with the
public water system.
c) If the applicant proposes to use an irrigation system, then
Exhibit A
Resolution No. 4347
CUP 2016-25, DR 2016-21 & LLA 2017-01
Page 8
a separate water meter may be required. If this is the
case, a reduced pressure principle assembly (RPPA)
shall be required to prevent cross-connection with the
public water system.
(1) 7.7 Any easements for construction and maintenance of public water
facilities within private property shall be reviewed and approved by the
Public Works Department prior to recordation with the Orange County
Clerk-Recorder. The applicant shall submit a legal description and
sketch of the area to the Public Works Department for review and
approval, as prepared by a California Registered Civil Engineer or
California Licensed Land Surveyor.
(1) 7.8 The applicant is responsible for all costs related to the installation,
upgrade, alteration, relocation or abandonment of all existing City of
Tustin public water facilities affected by the proposed project.
(1) 7.9 Prior to issuance of any permit, the applicant shall submit a sewer
connection (if needed) and water permit application to EOCWD, and is
responsible for all application, connection and other EOCWD fees.
(1) 7.10 The adequacy of a proposed water system plan for a proposed
development project, including the number, size and distribution of fire
hydrants, must be reviewed by the Orange County Fire Authority
(OCFA). Plans meeting OCFA fire protection requirements must be
stamped and approved by that agency.
(1) 7.11 The proposed domestic water system plans must conform to all
applicable regulations enforced by the Orange County Health
Department.
FEES
(1) 8.1 Prior to issuance of any permits, payment shall be made of all applicable
fees, including but not limited to, the following:
a) Building and Planning plan check and permit fees
b) Foothill/Eastern Transportation Corridor Agency (TCA)
fees
c) Orange County Fire Authority fees
(1) 8.2 Prior to issuance of any permits, payment of the most current Major
Exhibit A
Resolution No. 4347
CUP 2016-25, DR 2016-21 & LLA 2017-01
Page 9
Thoroughfare and Bridge Fees (for the TCA to the City of Tustin
(through the Public Works Department) shall be required for the
Equipment Room. The fee rate schedule automatically increases on
July 1 St of each year.
(9) 8.3 Within forty-eight (48) hours of approval of the subject project, the
(5) 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 the 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.