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HomeMy WebLinkAboutPC RES 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: 1. 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 liquid 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. 1. 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". Il. 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. Resdutian No, 43.47 Page 4 PASSED AND ADOPTED by the Planning Commis ofthe ' y of Tustin at a regular meetings an the tri day of August, 2017. DD SMITH Chairperson ELIZABETH A. BINSAC Planning. Commission Secretary STATE OF CALIFORNIA COUNTY OF ORANGE � CITY OF TUSTIN IS 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 Stn day of August, 2017, PLANNING COMMISSIONER AYES: Kozak, Lumb rd, Mason, Smith, Thompson (5) PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: ELIZABETH A. BINSA K 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. Prior to the issuance of any permit, an on-site Security and Camera Plan shall be submitted for review and approval by the Community Development and Tustin Police Departments. *** 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 Plan. (5) a) The applicant, property owner, and/or tenant(s) are required to participate in the City's recycling program. 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 applicant/contractor 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 CUP 2016-25, DR 2016-21 & LLA 2097-01 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 O & M Plan to Fund and Maintain Water Qualijy 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 15t of each year. (1) 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.