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HomeMy WebLinkAboutPC RES 4371 RESOLUTION NO. 4371 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 2017-09 AND DESIGN REVIEW 2017-008 TO ALLOW THE CONVERSION OF AN EXISTING HAND CAR WASH TO AN AUTOMATED EXPRESS CAR WASH, ADD ELEVEN (11) SELF-VACUUM STATIONS, SALES KIOSK, AND TRASH AND VACUUM ENCLOSURES, AND EXTERIOR MODIFICATION TO THE EXISTING BUILDING AT 1501 NISSON ROAD. The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application for Conditional Use Permit (CUP) 2017-09 and Design Review (DR) 2017-008 was filed by Sungwun Son/Song AM, Inc. requesting to convert an existing hand car wash to an automated express car wash, add eleven (11) self-vacuum stations, add sales kiosk and trash and vacuum enclosures and exterior modifications to the existing car wash building at 1501 Nisson Road. B. That the site is zoned Commercial General (CG) and has a land use designation of Community Commercial (CC) where car washes are permitted with approval of a Conditional Use Permit (CUP). C. Pursuant to Tustin City Code (TCC) Section 9232(s), a car wash is a conditionally permitted in the C-G zoning district. 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 meeting was duly called and held for said application on August 14, 2018, 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. The proposed automated express car wash is allowed within the CG-zoning district with the approval of a CUP. 2. The proposed site plan provides adequate drive-thru lanes with queuing capacity for ten (10) vehicles, eleven (11) vacuum stations Resolution No. 4371 Page 2 to accommodate eleven (11) vehicles and three (3) onsite parking spaces for employees in compliance with the TCC and Guidelines. 3. The parking lot area is configured to optimize circulation for the proposed express car wash. 4. As conditioned, no impact to neighboring residential uses is anticipated in that the central vacuum system will be enclosed within a solid structure with additional sound-reducing measures, site lighting would confine illumination onto the property, and new landscaping would screen vacuum apparatus and improve the street view at the project frontage. F. Pursuant to Section 9272c of the TCC, the Planning Commission finds that the location, size, architectural features, and general appearance of the proposed project 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, Commission has considered at least the following items: 1. Setbacks and site planning: This project will convert an existing full- service car wash to an automated express car wash within an existing car wash building and tunnel. As conditioned, new construction is limited to installation of car wash equipment within an existing tunnel, a small payment klosk, a trash enclosure, a central vacuum system enclosure to reduce noise impacts, and eleven (11) vacuum apparatus, parking lot striping and closure of an existing driveway apron and as conditioned, would not adversely impact the project site. 2. Appearance and relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares: The existing building and tunnel structure will remain and will be utilized for the conversion of the hand car wash to an automated express car wash and no changes are proposed to the exterior building facade_ other than painting and removal of the mural. 3. Landscape: As conditioned, the proposed landscape will visually screen proposed vacuum apparatus, reduce sound created by the central vacuum system, and visually enhance the project site. 4. Location and appearance of equipment: As proposed and, conditioned, vacuum apparatus will be low profile and partially screened by landscape planting and the central vacuum system will be enclosed within a solid block structure screened by additional landscape planting. Any equipment located outside an enclosure will Resolution No, 4371 Page 3 also be fully screened from view and/or painted to match the adjacent surface. 5. Location and method of refuse storage. As conditioned, the trash enclosure will provide adequate room for trash bin storage and easily allow for trash collection services. 6, Signage.- As conditioned, building signage shall comply, with applicable regulations and shall be submitted to the Community Development Department for review and approval, 7, As condlitionied', the project is consistent with the development Guidelines and criteria as adopted by the City Council. G. That the project is Categorically Exempt pursuant to Sections 15,301 and 15302 of the California Code of Regulations (Guidelines for the California Environmental Quality Act), 11, The Planning Commission hereby approves CUP 2017-09 and D,R 2017'-008 to convert an existing hand car wash to an automated express car wash, add eleven (11) self-vacuum stations, add sales, kiosk, trash and vacuum enclosures and exterior modifications to the existing building, PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 14h dray of August, 2018. AUSTIN LL!! Arlt Chairperson ELIZABETH A. BIN ACK Planning Commission Secretary Resolution No. 4371 Page 4 STATE OF CALIFORNIA COUNTY OF ORANGE, CITY OF TUSTIN 1, Elizabeth A, Binsack, the undersigned, hereby certify thiat I am the Planning Comrnission Secretary of the City of Tustin, California; that Resolution No. 4371 was duly passed and adopted at a regular meeting of the Tustin Planning Comimission, held on the 14th day of August, 2018, PLANNING COMMISSIONER AYES: Kozak, Lomb rd, Mason, Thompson (4) PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAIN'ED� PLANNING COMMISSIONER ABSENT: Smith (1 ) I ABETH A. BINSACK Planning Commission Secretary EXHIBIT A CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 2017-09 DESIGN REVIEW 2017-008 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped August 14, 2018, 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 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) 1.3 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 and associated fee are received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.4 Approval of Conditional Use Permit (CUP) 2017-09 1 Design Review (DR) 2017-008 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 Community Development Director, and evidence of recordation shall be provided to the Community Development Department. (1) 1.5 As a condition of approval of CUP 2017-09 1 DR 2017-008, 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 City may, at its sole cost and expense, elect to participate in the defense of any such action under this condition. Resolution No. 4371 Page 6 (1) 1.6 CUP 2017-091 DR 2017-008 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 Conditional Use Permit. (1) 1.7 This condition shall serve as a pre-citation and to inform the responsible person(s) of the compliance requirements pursuant to the TCC and/or other applicable codes, laws, and conditions. Failure to comply with the conditions of approval set forth herein may result in the issuance of an administrative citation pursuant to TCC 1162(a). Fines may be assessed by means of an administrative citation as follows: $100.00 for a first violation; $200.00 for a second violation of the same ordinance or permit within one year of the first violation; or $500.00 for a third or any further violation of the same ordinance or permit within one (1) year of the first violation. Building and Safety Code (TCC Sec. 8100 — 8999) violations may be assessed at $100.00 for a first violation; $500.00 for a second violation of the same ordinance or permit within one (1) year of the first violation; or $1,000.00 for a third or any further violation of the same ordinance or permit within one (1) year of the first violation. The City may also take further legal action including issuing the responsible person(s) a criminal citation and/or abating the violation(s) with the cost of such abatement and/or prosecution assessed against the responsible person(s), the property owner(s), and/or the property as a lien. (1) 1.8 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) 1.9 Any public improvements damaged by the applicant adjacent to this project shall be repaired and/or replaced by the applicant as determined by the Public Works Department and shall include but not be limited to curb, gutter, street paving, and drive apron. USE RESTRICTIONS * * 2.1 The project shall consist of the conversion of an existing hand car wash to an automated express car wash, eleven (11) low profile, self- vacuum stations, a sales kiosk, trash and vacuum enclosures, three (3) employee parking stalls and exterior modifications as identified in the plans. All equipment and accessory structures shall be located Resolution No. 4371 Page 7 as depicted on the approved plans. *** 2.2 No canopy or shade structure is permitted to be installed in conjunction with this design review. Any proposed canopy or shade structure shall be reviewed and approved by the Community Development Department. *** 2.3 Vacuum apparatus shall be screened from view by landscape planting. *** 2.4 Service operations shall be entirely within approved structures, except for vacuuming of vehicle interiors, which shall take place only in areas designated on approved plans for such activities. *** 2.5 Any equipment located outside of an enclosure shall be fully screened from view and/or painted to match the adjacent surface. *** 2.6 Employee parking spaces shall be clearly marked "Employee Only". *** 2.7 Hours of operation shall be limited to the hours of 7:30 a.m. to 8:00 p.m. Monday through Sunday. *** 2.8 All activities shall comply with the City's Noise Ordinance. *** 2.9 Prior to final inspection, a solid barrier wall and dense vegetation hedge shall be provided to accomplish a sound transmission class (STC) rating of 54 or higher as identified in the Rincon Consultants, Inc. "Tustin Auto Spa Noise Technical Memorandum" dated May 9, 2018. The barrier wall shall be located per recommendation of Rincon Consultants, Inc., and be sufficient height and width to block direct line of sight between the enclosure and Nisson Road to serve as a double-sound barrier that reduces noise levels to comply with the City of Tustin Noise Ordinance. *** 2.10 Following installation of the solid barrier wall and dense vegetation and prior to final inspection, applicant shall submit to the Community Development Department an updated Noise Technical Memorandum verifying car wash operations comply with the City's Noise Ordinance and sound mitigation achieves an STC rating of 54 or higher pursuant to the Tustin Auto Noise Technical Memorandum prepared by Rincon Consultants, Inc., dated May 9, 2018. *** 2.11 No outdoor storage or vending is allowed unless expressly approved by the Community Development Department. 2.12 No outdoor storage or vending is allowed unless expressly approved by the Community Development Department. Resolution No. 4371 Page 8 *** 2.13 Exterior elevations shall be repainted with approved colors subject to final inspection. *** 2.14 Prior to final inspection, the existing mural on the car wash building shall be removed unless applicant obtains approval of a Conditional Use Permit pursuant to TCC Section 9404b4. *** 2.15 All identification signs shall comply with the Tustin City Code and shall be compatible with the building design. Sign plans shall be submitted to the Community Development Department for approval prior to issuance of sign permit. All signage must have a valid sign permit, if applicable. PLAN SUBMITTAL (5) 3.1 Prior to issuance of permit, a photometric study shall be prepared to demonstrate that all lighting is directed so as to confine direct rays to the premises, and shall be approved by the Community Development Department. (5) 3.2 Applicant shall submit engineering calculations and plans for the trash and vacuum enclosures and sales kiosk. An engineer or architect stamp is required. (5) 3.3 Prior to issuance of a permit, applicant shall submit specifications, brochures, and visual renditions of proposed vacuum canisters for approval by the Community Development Department. (5) 3.4 Plans shall reflect conditions of approval including removal of the self-vacuum cleaner canopy and the installation of low profile vacuums. (5) 3.5 Landscape plans shall be prepared and submitted to the City for review and approval prior to issuance of building permits. All landscaping shown on plans shall be installed and permanently maintained in a healthy and vigorous condition by the property owner and shall include screening of any proposed detector check valve water systems and electrical transformers. In addition to shrubs and ground cover, vines shall be planted in the planter area adjacent to the trash and vacuum equipment enclosures. All vine planting shall include support ties to establish the vines on the walls. Landscaping shall be installed prior to final inspection of the project. FEES (1) 4.1 Within forty-eight (48) hours of approval of the subject 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 Resolution No. 4371 Page 9 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. PUBLIC WORKS DEPARTMENT (1) 5.1 The applicant shall design and construct a trash enclosure with roof to accommodate at least two (2) 4-yd. bins, with at least one (1) bin reserved for recyclable materials. 5.2 Prior to issuance of any permit, the applicant shall submit a 24" x 36" street improvement plan, as prepared by a California Registered Civil Engineer, for review and approval: (a) Current Federal Americans with Disabilities Act (ADA) requirements shall be met at the sidewalk and drive approach, with removal and replacement of existing drive approach. (b) The applicant shall remove the easterly driveway approach on Nisson Road. Design and construct curb & gutter and sidewalk per the most current City of Tustin Public Works Standard and to the most Current ADA requirements (c) The proposed driveway shall be designed & constructed per the City of Tustin Standard No. 209. Additional onsite pavement will need to be removed to join the new driveway. 5.3 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. 5.4 Prior to issuance of any permit, the applicant shall submit two (2) sets of wet signed and stamped non-priority WQMP (by owner and engineer) with executed Covenant and Agreement for final approval. 5.5 Construction and Demolition Waste Recycling and Reduction Plan (WRRP). (a) The applicanticontractor 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 (City Code Section 4351, et al) to recycle at least 65% of Resolution No. 4379 Page '10 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". 5.6 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 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. 5.7 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.