The URL can be used to link to this page

Home My WebLink About04-24-00 PC PACKET AGENDA TUSTIN PLANNING COMMISSION REGULAR MEETING APRIL 24, 2000 CALL TO ORDER: 7:00 p.m., City Council Chambers PLEDGE OF ALLEGIANCE: Commissioner Pontious ROLL CALL: Chairperson Kozak, Bell, Davert, Kawashima and Pontious PUBLIC CONCERNS:, (Limited to 3 minutes per person for items not on the agenda.) At this time members of the public may address the Commission regarding any items not on the agenda and within the subject matter jurisdiction of the Commission (NO action can be taken off-agenda items unless authorized by law). IF YOU WISH TO ADDRESS THE COMMISSION ON ANY MATTER, PLEASE FILL OUT ONE OF THE CARDS LOCATED ON THE SPEAKER'S TABLE SO THAT YOUR REMARKS ON THE TAPE RECORDING OF THE MEETING CAN BE ATTRIBUTED TO YOU. WHEN YOU START TO ADDRESS THE COMMISSION, PLEASE STATE YOUR FULL NAME AND ADDRESS FOR THE RECORD. ® E SPECIAL ACCOMMODATIONS IF YOU REQUIR P , PLEASE CONTACT THE PLANNING COMMISSION SECRETARY AT (744) 573-3106. CONSENT CALENDAR: (ALL MATTERS LISTED UNDER CONSENT CALENDAR ARE CONSIDERED ROUTINE AND WILL BE ENACTED BY ONE MOTION. THERE' WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS PRIOR TO THE TIME OF THE VOTING ON THE MOTION UNLESS MEMBERS OF THE COMMISSION, STAFF OR PUBLIC REQUEST SPECIFIC ITEMS TO BE DISCUSSED AND/OR REMOVED - FROM THE CONSENT CALENDAR FOR SEPARATE ACTION.) Planning Commission Agenda April 24, 2000 Page 2 CONSENT CALENDAR: 1. Minutes of the April 10, 2000 Planning Commission Meeting. 2. Conditional Use Permit 97-005 and Design Review 97-009 a request to amend Condition 1.1 of Planning Commission Resolution No. 3695 to extend the expiration of the approvals of Conditional Use Permit 97-005 and Design Review 97-009 by Eighteen (18) months to'December 1, 2001. This project is located at 535 East Main Street, within the C-2 P Central Commercial, Parking Overlay zoning district. APPLICANT: BENNETT ARCHITECTS 17581 IRVINE BOULEVARD, #116 TUSTIN, CA 92780 ATTN: GREG BENNETT PROPERTY OWNERS: HOWARD FERRAND, RAMESH BAJARIA, AND REKHA BAJARIA c/o: BENNETT ARCHITECTS 17581 IRVINE BOULEVARD, SUITE 116 TUSTIN, CA 92780 RECOMMENDATION That the Planning Commission adopt Resolution No. 3724 approving an amendment to Conditional Use Permit (CUP) 97-005 and Design Review (DR) 97- 009 extending the expiration of the project approval by six (6) months from June 1, 2000 to December 1, 2000. STAFF CONCERNS: 3. Report on Actions taken at the April 17, 2000 City Council Meeting Presentation: Elizabeth A. Binsack, Director of Community Development COMMISSION CONCERNS: ADJOURNMENT: A regular meeting of the Planning Commission will be held on May 8, 2000 beginning at 7:00 p.m., City Council Chambers, 300 Centennial Way, Tustin. ITEM #1 MINUTES - TUSTIN PLANNING COMMISSION REGULAR MEETING APRIL 10, 2000 Tustin Legacy Update 6:20 p.m., City Council Chambers Christine Shingleton, Assistant City Manager, presented an oral report which included Tustin Legacy Update and review of Redevelopment plans and activities. CALL TO ORDER: 7:06 p.m., City Council Chambers PLEDGE OF ALLEGIANCE: Commissioner Kozak ROLL CALL: Present: Chairperson Kozak, Bell, Davert, and-Pontious Absent , Kawashima • Staff. Elizabeth Binsack, Director Lois Bobek, City Attorney Lori Ludi, Associate Planner Barbara Reyes, Recording Secretary PUBLIC CONCERNS: Mr. Mark Markwitz, 14761 Del Amo Avenue, asked -when internet service would be available in his area. Commissioner Pontious suggested that when the contract renewal for cable providers comes before City Council it would be an opportune time for Mr. Markwitz to present his request. Elizabeth Binsack, Director, will follow!up with Mr. Markwitz directly. CONSENT CALENDAR: 1. Minutes of the March 27, 2000 Planning Commission Meetin ' Commissioner Davert moved, Commission Pontious seconded, to approve the Consent Calendar. Motion carried 4-0: Commissioner Kawashima absent. Planning Commission Minutes April 10, 2000 Page 2 PUBLIC HEARINGS: 2. Use Determination 00-003 and Conditional Use Permit 00-006 a request for the Planning Commission to determine whether professional, instructional, motivational, and/or seminar schools should be conditionally permitted within the Planned Community Commercial zoning district and to establish a professional- instructional facility within an existing commercial center. This project is located at 1131 E. Main Street, Suites 109 and 209, within the Planned Community Commercial (PC-Comm) zoning district. APPLICANT: VISION QUEST INTEGRATED TECHNOLOGIES ATTN: SUSAN BROWNING PROPERTY OWNER: BOB FREVILLE RECOMMENDATION That the Planning Commission adopt Resolution Nos. 3722 and 3723 approving Use Determination 00-003 and Conditional Use Permit 00-006. Lori Ludi, Associate Planner, presented the subject report. The Public Hearing opened at 7:12 p.m. The Public Hearing closed at 7:15 p.m. Commissioner Pontious moved Commissioner Davert seconded, to approve Use Determination 00-003 and Conditional Use Permit 00-006. Motion carridd 4-0. Commissioner Kawashima absent. 3. Conditional Use Permit 99-027 and Design Review 99-036 ' a-request to establisli a major wireless communications facility. This project is located at 1421 Edinger Avenue within the Pacific,Center East Specific Plan `Technology Center" zoning district. APPLICANT: AT&T WIRELESS SERVICES ATTN: DEBRA OKANO PROPERTY OWNERS: TUSTIN PACIFIC COMMERCE CENTER, LP RECOMMENDATION That the PlanningCommission adopt Resolution No. 3721 -den in Conditional p Y g Use Permit 99-027 and Design Review 99-036. Planning Commission Minutes April 10, 2000 Page 3 Lori Ludi, Associate Planner, presented the subject report. The Public Hearing opened at 7:15 p.m. Holly Sandler, AT&T Wireless Services, distributed photo simulations to the Commission and gave a presentation which responded to the staff report and provided additional information favoring the approval of the project. Alan Davison, The Clifford Companies, representing the property owner, presented his opinion that it would be very costly and a structural problem for any further architectural changes to the building. Debra Okano, AT&T Wireless Services, expressed the view that it may not be possible to co-locate with another wireless communication firm since in some cases this would cause their own "sites to be too close together, causing interference. The Public Hearing closed at 7:47 p.m. Commissioner Davert moved,-Commissioner Pontious seconded, to deny Conditional Use Permit 99-027 and Design Review 99-036 without prejudice Motion carried 4-0. Commissioner Kawashima absent. For the benefit of the applicant, the Director noted that even though the resolution will be modified, any appeal would have to be filed by next Monday at 5:30.p.m. STAFF CONCERNS: 4. Report on Actions taken at the April 3, 2000 City Council Meeting. Presentation: Elizabeth A. Binsack, Director of Community Development. The consolidated plan will be taken forward to the City Council at their first meeting in . May. Regional Housing.Needs Assessment numbers were appealed. The Southern California Association of Governments (SCAG) denied the appeal. Orange County Council of r Governments (OCOG) recommended approval agreeing that there was an error made by SCAG staff subcommittee. The matter will go before the full SCAG board in May. • Council consent The Planning Commission action agenda was pulled from the City o calendar and the mono-pine approval was appealed. The City Council will hear the matter the first meeting in May. Planning Commission Minutes April 10, 2000 Page 4 Census 2000 issues were brought up by the Council concerning the long form. The Council identified.some issues of privacy rights and the intent of the census which is to be counted rather than gather other statistics. The Community Development Department is preparing a letter for the Mayor's signature for the census staff requesting an explanation. Councilman Thomas reported he had received a letter from Sedona Development regarding gating of their community. COMMISSION CONCERNS: Commissioner Bell Inquired about the pilasters at Pioneer and Patriot. The Director indicated she would follow up on this issue. Commissioner Davert - Thanked Christine Shingleton for the presentation on the Legacy and RDA activity. - Attended the Santa Cop casino night. - Attended the Park Planning meeting for the Lemon Tree Hili Park at Peter's Canyon and found it very interesting and informative. - Noted that the dead trees are gone and new trees planted at the monopalm site at 1-5 and Sixth Street. - Asked what was happening with the Alta Dena Dairy site. The Director indicated it was a code enforcement action and has been ` cleaned up. - Convenience store at McFadden and Williams has a proliferation of banners on their chain link fence. The Director indicated she would follow up with code enforcement action. Commissioner Kozak Thanked Christine Shingleton for the presentations. Planning Commission Minutes April 10, 2000 Page 5 - Inquired about the process of pursuing freeway identification for Old Town Tustin similar to the signs which point out Old Town Orange. The Director indicated she would follow up with Caltrans. Asked what work was being done at the old Mobile station at First and Prospect The Director indicated this was remediation work. ADJOURNMENT: Commissioner Davert moved. Commissioner Pontious seconded, to adjourn the meeting at.8:00 p.m. Motion carried 4-0. Commissioner Kawashima absent. The next regular meeting of the Planning Commission will be held on April 24, 2000, beginning at 7:00 p.m. x ort to ' p Planning Commission _ t DATE: APRIL 24,2000 SUBJECT: PUBLIC HEARING FOR AN AMENDMENT TO CONDITIONAL r USE PERMIT 97-005 AND DESIGN REVIEW 97-009 APPLICANT: BENNETT ARCHITECTS : { 17581 IRVINE BOULEVARD, #116 TUSTIN, CA 92780 ATTN: GREG BENNETT PROPERTY OWNERS: HOWARD FERRAND, RAMESH BAJARIA, AND REKHA BAJARIA c/o: BENNETT ARCHITECTS 17581 IRVINE BOULEVARD, SUITE 116 TUSTIN, CA 92780 • LOCATION: 535 EAST MAINSTREET ZONING: C-2 P CENTRAL COMMERCIAL, PARKING OVERLAY ENVIRONMENTAL STATUS: A NEGATIVE DECLARATION WAS PREPARED FOR CONDITIONAL USE PERMIT 97-005 AND DESIGN REVIEW 97- 009 AND CERTIFIED BY THE CITY COUNCIL ON DECEMBER 1, 1997. REQUEST: A REQUEST TO AMEND CONDITION - 1.1 OF PLANNING COMMISSION RESOLUTION NO. 3695 TO EXTEND' THE EXPIRATION OF THE APPROVALS OF CONDITIONAL USE PERMIT 97-005 AND.DESIGN REVIEW 97-009 BY EIGHTEEN.(18) MONTHS TO DECEMBER 1, 2001. RECOMMENDATION That the Planning Commission adopt Resolution No. 3724 approving an amendment to Conditional Use Permit (CUP) 97-005 and Design Review (DR) 97-009 extending the expiration of the project approval by six (6) months from June 1, 2000 to December 1, 2000. - Planning Commission Report CUP 97-005- Extension April 24',2000 Page 2 BACKGROUND CUP 97-005 and DR 97-009 were requests to demolish an existing service station and carwash and construct a new service station, carwash, and 5,500 square foot retail building at the northwest comer of Newport Avenue and Main Street (Attachment A - = Location Map). On November,10, 1997, the Planning Commission adopted Resolution No. 3534 conditionally. approving CUP 97-005 and DR 97-009 (Attachment B). On December 1, 1997 the City Council adopted Resolution No. 97-115 upholding the Planning Commission's approval of the project, and setting an expiration date for the project of December 1, 1999. On October 11, 1999, the Planning Commission adopted Resolution No. 3695 (Attachment C) which extended the expiration date for CUP 97-005 and DR 97-009 from December 1, 1999 to June 1, 2000. Condition 1.1 of Resolution No. 3695 states: "The subject project approval shall become null and void unless permits for the proposed project are issued and substantial construction is underway by June 1, 2000." DISCUSSION On March 16, 2000, the applicant filed a request (see Attachment D) to extend the expiration of the project approval by eighteen (18) months, from June 1, 2000 to December 1, 2001. Building Permit Activity On March 29, 1999, 'the applicant initiated the plancheck process by submitting plans for demolition permits. These would allow for the demolition of the existing carwash tunnel, fuel/vacuum canopies and retail building. On April 8, 1999, the Building, Planning and Engineering Divisions approved the proposed demolition plans. On April 9, 1999, the applicant was notified that.the plans were approved and that permits could be issued. However, the applicant did not obtain permits until June 17, 1999. On August 10, 1999, the applicant obtained permits to remove the existing underground storage tanks, and the removal work was completed shortly thereafter. However, no activity has occurred in conjunction with the demolition permits and the permits.have subsequently lapsed. 1 To date;the applicant has not obtained building permits to construct the project. On June 2, 1999, the applicant entered into plancheck for the construction of the new carwash, service station and retail building, indicating that construction was to begin immediately. However, the plans were incomplete and lacked grading, mechanical, electrical and plumbing plans. The applicant has submitted and resubmitted construction plans to the Building Division five (5) separate times, with the most recent being submitted to the City on January 26, 2000, and returned with corrections on February 2, 2000. Many of the corrections noted by both the Building and Planning Divisions are corrections that date back to the original plancheck submittal. Planning Commission Report CUP 97-005- Extension April 24,2000 Page 3 In the request for an extension, the applicant has also cited delays in the construction of the approved expansion to the Vons supermarket adjacent to the subject property and the need to coordinate site improvements between the two projects. However, the Vons plancheck has been approved and the, property owner has indicated that.-Vons will obtain 1 building permits shortly. Vons holds an access easement for an alley over a small portion +, of the subject property, and their approved expansion will necessitate improvements to the alley and easement area. These improvements will include removal of a low retaining wall and grading on the two parcels to level the ground. However, given that the easement has been granted to Vons, they can enter the site as necessary to construct improvements in the event that the carwash project does not move forward. Soil Contamination In his request for an extension, the applicant has cited the need to delay the construction of the project to accommodate remediation "of groundwater contamination on the project site. According to documents provided by the applicant and the Orange County Health Care Agency (OCHCA), a formal site assessment report was submitted to OCHCA on February 28, 2000 (see Executive Summary - Attachment E). On March 24, 2000, Mr. Anthony Martinez of.00HCA responded to that, assessment (Attachment F), citing the need for quarterly groundwater monitoring, the installation of additional monitoring wells on the site, and preparation of a corrective action plan to determine potential alternatives for remediation of shallow groundwater contamination. However, on March 27, 2000 staff received correspondence from Mr. Anthony Martinez regarding this issue (Attachment G). In his correspondence, Mr. Martinez notes that remediation of the contamination would only result_in minor impacts to the proposed development on site. Additionally, Mr. Martinez states that the OCHCA would not object to the City issuing building permits for the development. Code Enforcement Issues The project site has a history of code violations, rangingi from non-permitted signage to building and property maintenance issues dating back to January 6, 1993. As part of the approval of the previous six-month extension, Condition'No. 1.3 required the applicant to abate code violations identified in 'correspondence dated September 30, 1999, or face court proceedings. Those violations include: • Cracked, peeling and chalky paint surfaces on the main building, carwash tunnel and pump canopy; • Two non-conforming, painted plywood wall signs located at the carwash tunnel ends; and, • Deteriorated asphalt'throughout the parking lot with loose gravel and significant . potholes. Planning Commission Report CUP 97-005- Extension April 24, 2000 Page 4 • The paint and sign violations were abated by October 14, 1999, as required by the September 30, 1999 correspondence. The parking lot repair was to have been completed by October -25, 1999. While some minor repair and light slurry sealing has been completed, full repairs to the parking lot have yet to be completed. In addition, Condition 1.8 required the applicant to return the "Agreement to Conditions Imposed" Form by s October 18, 1999, however, the form was submitted on March 14, 2000. 1 Because the applicant has not submitted complete plans for the plancheck process, it is not possible to determine compliance with all of the conditions of approval at this point. A number of corrections are outstanding regarding the grading and improvements, including corrections to the Electrical, Plumbing, Mechanical and Photometric plans. ANALYSIS While the applicant is seeking an eighteen (18) month extension, staff recommends that the project approval be extended for a maximum of six (6) months, from June 1, 2000 to December 1, 2000, for the following reasons: ® Granting an extension of six (6) months would likely spur the applicant to complete the plan check process in a timely manner. While the applicant began the building permit plan check process in June 1999, the plans remain incomplete after five (5) plan check reviews. • Granting an extension of six (6) months would spur demolition and construction activity to commence in a timely manner and promote coordination with the Vons expansion project which is scheduled to begin shortly. While the Vons expansion project and the carwash project are not required to be constructed concurrently, the applicant has cited a desire to coordinate construction activities • . Construction can proceed despite potential contamination.- The applicant cites the need to delay the project to address potential remediation" of groundwater contamination on the site. However, representatives from .the Orange County Health Care Agency_(OCHCA) have stated that any needed remediation would not adversely impact the proposed development on site. Furthermore, the OCHCA has stated that they would not object to the City issuing building permits for the development. • Granting an exterision of six (6) months would likely spur remediation of existing property maintenance code violations. If construction did not begin until Fall 2001, the original environmental documentation for the project may be outdated. Typically, environmental documents that approach five years should be reviewed and, if necessary, revised to reflect current conditions. Planning Commission Report CUP 97-005- Extension April 24,2000 Page 5 l } 4si, Karen Peterson e Senior Planner "- BE:Cup97005-2ndeztensionpereporLdoe Attachments: A-Location Map B - Planning Commission Resolution No. 3534. C - Planning Commission Resolution No. 3695 D -Applicant's Request Received on March 16, 2000 E - Site Assessment--February 28, 2000 F - OCHCA Letter to Property Owner G - OCHCA Letter to Karen Peterson_ H - Resolution No. 3724 ,4 ATTACHMENT A - LOCATION MAP -- LOCATION MAP/-./' j TR l�aCJk'T1arJ 1 ' 4 FIRST STREET •105 150 L 105 I Ws n 120 1 498 I 1 125 120 `•� m c . I m n m a m m I 1 , _7J 500 ----•---- J 135 13 737 502 i145 740 I •p Ia0 I 496 504 155 750 N 1 �� u ,tee + I 494 506 I a ; 755 I /) �•�� in v N. 160 j SOB 165 M .--.—..—.. 92 SID i I 781-63-85 t80 ' SECOND STREET -- 490 S12 ' [ I I �<177e-182 ra — l .'•i91 aae 514 $ 795 �, 11 Z 1185 •]84-208 c o n 516 J L--- -- m : I I I I z 468 SIB SECOND STREET I 120D: A 1213 520 C --_-� L_--- ---�1. .�:__—:--� z 522 �5--- --o-� _ _ > 215 7 r — — — r1 210-74. 215-19 524 1275-17 230 1275 220-24 225-29 POLICE DEPAP.T1LEh7 i -4 is 218 26 225 x 2]5 '240; 230-34 I m 1235-39 I 530 u u. u u• 275 o a m o w 245 250, I 240-44 I 1245-4$ CITY HALL. "I ' L255_ zC.___ � N N N. . V W 4 • ' JLS5— 4— -� 225 .-- —..—__ `� -' _`j� u, JOD I THIRD STREET -- ------,--N^ti-- ---•- ---- 130515 ] N N W W V m 3D1 303 : 3 COMMUNITY CPh7ER I 325 � n 1305 307 320-241 1325-29 •rJ / 3 ,333-35 t 335 2 X337-39 I� i }}p-}a• '3]5-39 I ` p / C) 4 .rn 119RARY i 3 i 365 I f r > 5 u -i` 379 i . N N N U N N N • • W W V V ' N �( `(/r r L397=99_J L'_-4J L�_u' �i uu. 1n tai. um. u� u�. In N v �^ �` •r MAIN STREET • i ATTACHMENT B PLANNING COMMISSION RESOLUTION NO. 3534 RESOLUTION NO. 3534 A RESOLUTION OF THE PLANNING COMMISSION OF THE. CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 97-005 PUND DESIGN REVIEW 97-009, AUTHORIZING THE ESTABLISHMENT OF P_ 24-HOUR 4 SELF-SERVE GASOLINE STATION, , A FULL-SERVICE CARWASH, A 750 SQUARE FOOT 24-HOUR CONVENIENCE 5 STORE, AND A 5, 500 SQUARE FOOT RETAIL BUILDING AT 535 EAST MAIN STREET. 6 The Planning Commission does hereby resolve as follows : " 7 I . The Planning Commission finds and determines as 8 follows : 9 P_. That a proper application for Tentative Parcel - Map 97-117, Conditional Use Permit 97-005 and 0 Designs Review 97-009 was filed by Greg Sennett Architects on behalf of -the property owners to li request authorization for the establishment of a 24-hour self-serve gasoline station, a full- t12 service carwash, a 750 square foot 24-hour convenience store,• and a 5,500 square foot '-3 retail building at 535 East Main Street, more specifically described as Assessor' s Parcel lc No. 401-612-03 . B . , That the proposed use is allowed within the C2-P Central Commercial - Parking Overlay -- District, with the approval of a Conditional Use Permit . . 17 , C. The subject property is located within the 18 Town Center Redevelopment Project Area. Pursuant to City Code Section 9299b, the 1c Zoning Administrator has forwarded action on Design Review 97-009 to the Planning 20 Commission for consideration. 21 D. As conditioned, the subject project has been found consistent with the _ Town Center 22 Redevelopment Project Area. Plan. 23 E. That a public hearing was duly called, noticed and held ' on said application - on August 11, 24 1997 and continued to September 22, - 1997 and subsequently renoticed for hearing on November 25 10, 1997 ,by the Planning Commission. 26 27 - i ' F Resolution No. 3534 Page 2 1 2 F.. That the establishment, maintenance and operation of the uses applied for will not, • 3 under the circumstances of this case, be detrimental to the health, safety, morals, 4 comfort, or general welfare of the persons residing or working in the neighborhood of 5 such proposed use, nor be injurious or detrimental to the property and improvements 6 in the neighborhood of the subject property, or to the general wel'fare of the City of 7 Tustin, as evidenced by the following findings : 8 1) As conditioned, the proposed use can be 9 accommodated on the ' subject property, providing- for parking, landscaping, on- to site circulation and queue length. i1 2) As conditioned, the use will not negatively affect surrounding pronerties 12 in that the site design includes screen walls, berms, landscaping and architec- 13 Lural enhancements that minimize the visual and aesthetic impacts of the pump 14 island and vehicles stooped for refueling. - - 15 .. 3) As conditioned, the use will be 16 compatible with the surrounding uses, in that the Newport Avenue frontage includes 17 landscaping, berms and a screen wall and the structures on-site include architec- 18 tural details that strengthen the Newport Avenue theme and improve the gateway to 19 the Old Town area of Tustin. 20 G. Pursuant to Section 9272 of the Tustin Municipal Code, the Commission finds that the 21 location, size, architectural features and general appearance of Design Review 97-009, as 22 conditioned, will not impair ,the orderly and harmonious development of the area, the 23 present or future development therein, or the occupancy as a whole. In makingsuch 24 findings, the Commission has considered at least the following items : 25 1. Height, bulk and area of buildings . 26 2 . Setbacks and site planning.. 27 28 Resolution No. 3534 • Page 3 1 3 . Exterior materials and colors . 4 . Type and pitch of-roofs. 3 . 5 . Size and spacing of windows, doors and 4 other openings . 5 6 . Towers, chimneys, roof structures, flagpoles, radio and television antennae. 6 7 . Landscaping, parking area design and 7 traffic circulation. - 8 B . Location, height and standards of exterior illumination. 9 9 . Location and appearance of equipment 1Q located outside of an enclosed structure. 1? la . Location and method of refuse storage . 12 11. Physical relationship of nroposed structures to existing. structures in the 3 neighborhood. 1a 12 . Appearance and design relationship o-- proposed structures to existing 15 structures and possible future structures in the - neighborhood and public 16 thoroughfares .. 17 13 . Proposed signage. 18 14 . Development Guidelines and criteria as. adopted by- the City Council . 19 H. That the strict adherence to all design 20 criteria of the adopted Service Station Development Guidelines cannot be satisfied due 21 to the 'irregular shape and angles of this site. Although -the site does not include the 22 "reverse design" (pumps at the rear, buildings, at the front) the screen walls, 23 berms, landscaping and architectural details provide amenities to ensure that the project 24 is visually acceptable from the public right- of-way. In addition, - although the service 1825 bays partially face onto the street, screening is- provided. 2.6 27 28 Resolution No. 3534 Page 4 1 I . A Negative Declaration has been prepared and - -2 - - - - certified for this project--in accordance with' - the ith' -the provisions of the California Environmental 3 Quality Act (CEQA).. 4 J. That the project has - been reviewed for consistency with the Air Quality Sub-element 5 of the City of Tustin General Plan -and has ` been determined to be consistent with the Air 6 Quality Sub-element . 7 K. That the project has been revieti=d for compliance with the Americans with 8 Disabilities Act of 1990 and it ' s been determined that dedications of right-of-way at 9 the corner and all radius type driveways are necessary for compliance with the requirements 2.0 o f T--DA. 11 II . The Planning Commission hereby approves Conditional Use, Permit- 97-005 and Design Review 97-009 to 12 authorize the establishment of a 24-hour s_1=-serve gasoline station, a full-service carwas , a 750 3 square root, 24 -hour convenience store, and a 5, 500 square Loot retail 'building at 535 East Main 14 Street, subject to the conditions contained in Exhibit P_, attached hereto. 15 - PASSED AND ADOPTED by the Planning Commission of the City 15 of Tustin, at a - regular meeting on the 10th day of November, 1997 . 17 - 18 - . c�1C,�Zclzc J 10 LESLIE PONTIO S' Chairman Pro Tem . 20 21 ELIZABETH A. BINSACK Planning Commission Secretary 22 23 24- 25 26 • 27 28 Resolution No. 3534 Page 5 1 2 _ _ STATE STATE OF CALIFORNIA - COUNTY OF ORANGE ) 3 CITY ON TUSTIN } I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I- am the Planning Commission Secretary of the City 5 of Tustin, California; that Resolution No. 3534 was duly passed and adopted at a' regular meeting of the Tustin 6 Planning Commission, held on the .10th day of November, 1997 . 7 8 , ELIZP.3ETH A.. 3INSACK 9 Planning Commission Secretary 10 12 �3 1-4 15 ! 6 17 -18 19 _ 20 .21' 22 . 23 2^ 25 026 27 28 EXHIBIT A CONDITIONAL USE PERMIT 97-005- AND DESIGN REVIEW 97-009 i CONDITIONS OF APPROVAL RESOLUTION NO. 3534_ GENERAL (1} 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped November 10, 1997 on file with the Community Development Department, F, as herein modified, or unless otherwise indicated, as modified by the Community Development Director in accordance with this Exhibit. The Director may also approve subsequent minor modifications to. plans. during plan check if such modifications are ' consistent with pro.visibns of the Tustin City Code or other applicable regulations . (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with prior to the issuance of any building permits for the project, subject to review and approval by the Community Development Department . (1) 1.3 The subject project approval shall become null and void unless permits for the proposed project are issued and substantial construction is underway within twenty four (24) months of the date of this Exhibit . Time extensions may be considered if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.4 Approval of CUP 97-005 and DR 97"-009 is contingent upon the applicant and property owners signing and returning an ""greement to Conditions Imposed" form as established by the Community Development Department . (1) 1.5 The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities arising out .of a challenge of the City' s approval of this project . *** 1-. 6 The 5, 500 square - -foot retail ' building shall be constructed in the first phase of development . Building permits and construction of said retail building shall occur prior to or concurrently with permits for the gasoline station/carwash use. Certificate of. Occupancy for the retail building shall be issued prior to or concurrently with the Certificate of Occupancy for the carwash or gasoline station. ------------------------------------------------------------------- SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY (2) CEQA MITIGATION REQUIREMENTS (3) UNIFORM BUILDING CODE/S (6) LANDSCAPING GUIDELINES (4) DESIGN REVIEW . (7) PC/CC POLICY * EXCEPTIONS Exhibit A Resolution No. 3534 Page 2 PLAN SUBMITTAL (1) 2 .1 At building plan check, submit four (4) sets of plans, two sets of soils reports, structural and energy calculations, specifications and acoustical report . . { Electrical, mechanical and plumbing plans shall be included. Each building .requires a separate building permit . Grading plans, underground tank removal/installation plans and signage plans shall be submitted separately. (1) 2 .2 All grading, drainage, vegetation and circulation shall comply with the City of Tustin Grading Manual . All street sections, curbs, gutters, sidewalks, lighting and storm- drains shall comply with on-site improvement standards . Fny deviations shall be brought to the attention of the Building Official and request for approval shall be submitted in writingprior to any approval ., • (1) 2 .3 The building shall comply in all respects with the Y Building Code, other related codes, City Ordinances, and state and federal laws and regulations. (3)' 2 .4 Mechanical ventilation shall be provided based on the number of -occupants . (3) 2 .5 Provide complete details for accessible paths of travel throughout the site, including pedestrian circulation from public right-of-way to the buildings and throughout the new structures . The tenant space, parking spaces, entrances to the building, path of travel from the parking area to the 'building, and sanitary facilities shall be accessible to persons with disabilities . (2) 2 . 6 The applicant shall submit for approval by the- Community Development and Public Works-Departments, a Water Quality Management' Plan (WQMP) specifically identifying Best Management Practices (BMPs) that will be used on-site to control predictable pollutant run-off. This WQMP shall. identify: the structural and non-structural measures specified detail ing 'implementation of BMPs whenever they are applicable to the project; the assignment of long-term maintenance responsibilities (specifying the developer, parcel owner, maintenance association,, lessee'. etc. ) ; and, reference to the location (s) of structural BMPs. The BMPs shall include the following: l I Exhibit A Resolution No. 3534 • Page 3 A) _ Wash.-racks. to be constructed in accordance-with the Orange County Sanitation District Guidelines and subject • to final review and approval of the District . 1 B) All areas used for fuel dispensing to be paved with concrete. All motor fuel dispensing areas to have a canopy structure for weather protection extending over the concrete Aad. C) The -fuel dispensing area to be graded and constructed so -as to prevent drainage flow either through or from the area. The area shall drain to an underground clarifier/sump/tank equipped with a shut-off valve that can stop the further draining of storm water or spilled materials from the fuel dispensing area Into the street or storm drain system. D) A Sill Contingency Plan shall be prepared which requires immediate clean-up of any fuel spills and provides for noti=i cation of. responsible agencies, disposal of cleanup materials and documentation. (4). 2 .7 - The site will be -designed so that all parking area surface run-off is directed to and picked up by the storm drain system. (4) - 2 . 8 The use of water conserving plumbing fixtures throughout the buildings should be considered by the applicant. (5) 2 .9 The applicant shall submit Tank Removal Plans to the : Orange County Health Care Agency and shall satisfy all Tank Removal Guidelines. If corrective action to address any subsurface contamination is* required' by the Health Care Agency which requires modification to approved plans, then revised plans shall be reviewed and approved - - --- by- the Community Development Department. - (5) . 2 .10 Prior to submittal to Building Plancheck, the plans shall be " designed to provide that all .drive approaches meet current• federal ADA requirements . (5) 2 .11-Complete the hazardous material questionnaire and the air quality questionnaire and submit to Building Division and the "proper agencies. " If the answer to any of the questions is "yes" , clearances from the Hazardous Material Disclosure Office and from the Air Quality Management District shall be submitted to the Building Division prior to approval . Exhibit A Resolution No. 3534 Page 4 (5) 2 .12. Underground tank_ removal_ or in stallation - will require Health Department, Fire Authority, Air Quality/Water CA Quality Agency and L OSHA clearances. prior• to issuance of a building permit . (5) 2 .13 Trash enclosures shall comply with Great Western Reclamation and•City of Tustin standards. Separate trash enclosures are required of'. each parcel, or provide covenants for shared use. (2) 2 .14 Drainage from new areas shall be collected and drained to the existing storm drain system. New plumbing fixtures and carwash drains shall be connected to existing' sewer ., systems . Capacity of existing utility systems shall be calculated and identified on the plans . (5) 2 .15 The existing reciprocal access easement between the subject property and the adjacent property to the north (Larwin Square) shall be identified on the site plan and shall he , revise'd as appropriate, consistent with the proposed driveway improvements, subject to review and approval of the City Engineer. Any changes to the existing easement will require the property owner to execute and record a new reciprocal easement with the property owner of Larwin Square in order to provide for joint access. The form and content of the easement shall be subject to the approval of the Community Development Department and the City Attorney. " Said easement shall be recorded prior to or concurrent with the Final Mao approval. or issuance of any building permits, whichever occurs first . (5) 2 .16 Prior to issuance of any building or grading permits, the applicant shall submit two (2) copies of the Notice of Intent for -the NPDES industrial/commercial- general permit, as submitted to the State of California Water Resources Control Board (one copy to Community _ Development Department/Building Division and one to the Public Works Department/Engineering Division) . SIGNS (4) 3 .1 Prior to issuance of a Certificate of Occupancy, a Master Sign Plan shall be submitted and approved by the Community Development Department . Complete sign plans shall be submitted which address all proposed wall, directional, 'and address signs . - The sign plans shall' include dimensions, materials, colors, and method of illumination. - The design,- size, location, installation and maintenance of said signs shall be in compliance with . the Tustin Sign Code . ` Exhibit A Resolution No. 3534 Page 5 SITE AND BUILDING CONDITIONS (4) 4 .1 Provide exact details for exterior doors and window types on construction plans. (4) 4 .2 All mechanical and electrical fixtures and eauioment shall be adequately and decoratively screened. The screen shall be considered as �an element of, the overall design of the project and shall either blend with the architectural design of the building or be integrated into the landscape design. A dense type of landscaping could be utilized for screening. (1) 4 .3 All final colors and materials to be used shall. be subject to review and approval by . the ' Community Development Department . All exterior treatments shall be coordinated with regard to color, materials and detailing and clearly noted on submitted construction plans and elevations . (a) 4 ,4provide plans and details of all proposed lighting fixtures and a photometric study showing the. location and anticipated distribution pattern of light of all proposed fixtures . The fixtures proposed shall be modified to be more decorative in design and consistent with the architecture of the building. Wall mounted fixtures shall be directed at a 90 degree angle directly toward the ground. All lighting shall be developed to provide a minimum of one (1) footcandle of light coverage, in accordance with the City' s Security Code . (4) 4.5 All exposed meta. flashing or trim shall be painted to match- the building.'. (1) 4. 6 Note on final plans that a six-foot--high chain link-fence shall be installed around the site prior to building construction stages , _ Gated. entrances shall be permitted along the perimeter of the site for construction vehicles . (1) 4.7 Exterior elevations of the building shall indicate any (4) fixtures or equipment to be located on the roof of the building and equipment heights . , The building parapet shall be an integral part of the building design, and shall screen all roof_ mounted equipment . All roof- mounted equipment and vents shall be a minimum of six inches below the Eop of the parapet . (4) 4. 8 All roof access shall be provided from the inside of the building. iExhibit A Resolution No. 3534 Page 6 (4) 4 .9 No exterior downspouts shall be permitted; - all roof drainage shall utilize interior piping, but may have exterior outlets at base of building. (4) 4 .10 Six (6) inch continuous concrete curbing shall be used through the parking'lot, landscaped areas and adjacent to sidewalks, except where required to satisfy handicap FA. access requirements . (4) 4.11 Roof scuppers shall be installed with a special lip device so that overflow drainage will not stain the walls. . (4) 4 .12 Indicate the location of all exterior mechanical equipment. Gas and electric meters shall either be enclosed within the building or boxed- behind a screen wall designed to be consistent with the main building. (4) 4 .13 Outdoor storage and automotive repair is prohibited. A note proliibiting such activities shall be added to the final plans. • (4) 4 .14 Construction or replacement of all missing or damaged public improvements adjacent_ to this development will be required. P_ separate 2411 x-36" street improvement plan, as prepared by a California Registered Civil Engineer, will be reauired. Said plan shall show all existing public improvements - along with all new construction to include but not be limited to the following: a) Curb and -gutter b) Sidewalk/curb ramps c) Drive aprons (meeting current Federal . ADA requirements) d) Underground utility connections ` e) Signing and striping, f) Signing and striping of Class _I Bikeway on Newport Avenue In addition, a 24" x 36" reproducible construction area traffic control plan,. as prepared by a California Registered Traffic Engineer or Civil Engineer experienced in this type of plan preparation will be required. (4) 4.15 A grading plan will be required based on the Orange County Surveyor' s bench mark datum. • (4) 4.16 Additional street right-of-way is required at the corner of Main Street and Centennial Way in the form of a corner cut-off . This shall be adequate for the construction of a new handicap ramp per City Standard No. 124 . 'Additional street right-of-way is also required. at the radius type drive aprons per City Standard No. 108E. Exhibit A Resolution No. 3534 Page 7 A legal description and sketch of the dedication area, as prepared by a California Registered Civil Engineer or Licensed Land Surveyor shall be provided, along with a copy of the vesting 'on the property. (4) 4.17 The Newport Avenue driveways shall be restricted to -right turn in/out access . Written approval from 'the adjacent property owner (Larwin Square) is required for- the reconstruction of the common drive - apron , on newport Avenue. (4) 4 .16 'Sight distances at each access driveway shall be reviewed for compliance with Orange County EMA Standard Plan 1117, when landscaping and improvement plans are prepared. - (4) 4 .19 On-street parking shall continue to be prohibited adjacent to the project site on Newport P_venue, CenL_nnial Way and Main Street . (4) 4 .20 The applicant shall submit a Courtyard Plan identifying the location and size of all tables, chairs, benches and other amenities for review and approval by the Community Development Department prior to issuance of any permits . (4) 4 .21 The decorative doors proposed on the detail garage and carwash tunnel entrance and exit shall be a sectional roll-up type with a decorative design, consistent with the architecture of the project, subject' to the approval of the Community Development Department . (4) 4 .22 A note shall be added to the plans that the inside of the carwash tunnel and the support beams shall be painted to match the exterior walls. (4) 4.23 A aecorative cap on the top of the wing walls proposed at the car wash tunnel shall be , ofa decorative design, consistent with the architecture of the project, -subject - to the approval of the Community Development Department . (4) 4.24 The decorative cornice at the building roof eaves shall have a minimum of 12-inches vertical height and 12-inches horizontal width, and are subject to the approval of the Community Development Department . Al) 4.25 The site plan shall be modified to show the dimension of the driveway on Centennial Way, to be reviewed and approved by the Public Works Department . (4) 4 .26. The design and location of air hoses in the . drY g in area shall be subject to the review and approval of the Community Development Department . Exhibit A Resolution No. 3534 Page 8 (4) 4 .27 The canopy over the carwash gas pumps shall be reduced in- height and redesigned to have a pitched roof, consistent with 'the design of the detail- garage and convenience store, subject to the approval of the Community Development Department . . The precise location and design of the vacumes and other carwash equipment proposed under the canopy shall be subject to the review and approval of the Community Development Department. LAMSCAPING, GROUNDS AND HARDSCAPE ELEMENTS (1), 5 .1- The applicant shall submit for plan check complete detailed landscaping and irrigation plans for all landscaping areas consistent with adopted City of Tustin Landscaping and Irrigation Submittal Requirements and consistent with- the landscaping concept plan,. Said plans shall be consistent with the existing landsca-pe palette for the center. The applicant shall provide a summary table applying indexing identification to plant materials in their • actual -location. The plant table shall list botanical and common names, sizes, spacing, actual location and quantity of the plant materials proposed. Show planting and berming details, soil preparation, staking, -etc . The irrigation plan shall show location and control of backflow prevention devices (screened -from view from' right-of-way and on-site by shrubs) , pipe size, sprinkler type,. spacing and coverage . Details for all equipment shall be provided. The plans shall show all property lines on the landscaping and irrigation plan, public right--of-way areas, sidewalk widths, parkway areas, existing landscaping, and walls and proposed new wall locations . The Department of Community Development may request minor substitutions of plant materials or request additional sizing .or quantity. _ __ Note on plans __that adequacy of coverage of landscaping and irrigation materials. is subject to field inspection at project completion by the Department of 'Community Development. (7) . 5 .2 The submitted landscaping plans at plan check . shall reflect the following requirements : A. Shrubs shall be. a minimum of 5 gallon size and shall be spaced a minimum of 8 feet on center when intended as screen planting., B. Ground cover shall beP lanted between 8 . to 12 inches on center. C. When 1 gallon plant sizes are used, the spacing may vary according to- materials used. Exhibit A Resolution No. 3534 Page 9 D. All , plant materials shall " be installed in a healthy, vigorous condition typical to the species and landscaping must be maintained in a neat and healthy condition. This will include but not be limited to trimming, mowing, weeding, removal of litter, fertilizing, regular watering, or replacement of diseased or dead plants . (4) 5 .3 All vehicle headlight glare from all parking areas, gasoline pumps and drying areas shall be adequately screened from view. Plans and sections shall be provided to' demonstrate adequate screening, subject to review and approval of the Community Development Department during building plan check. (4) 5 .4 Hibiscus shrubs shall be _provided in front of the carwash drying area screen wall, between the trees, and' shall be maintained to the height of the wall . (2) 5 .5 'Vertical growing shrubs shall be planted on the east side of the screen wall in front of the gasoline canopy in naturalized groupings, and shall be allowed to grow to • the height of the wall. *** 5 . 6 The shrubs along Newport Avenue shall be maintained to a height of 6-feet above the Newport Avenue top of curb, as indicated on the plans. *** 5 .7 . The landscaped area in front of the sound walls at the tunnel shall be a minimum 5-feet in width and planted with- tall shrubs, vines or small trees-. NOISE (5) 6 .1 All construction operations, including engine warm-up and deliveries of materials and equipment, shallbe subject to the provisions of the.Tustin Noise Ordinance and shall take place only between the hours of 7 : 00 a.m. and 6 :00 p.m. , Monday through Friday, and between 9 : 00 a.m. and 5 : 00 p.m. on Saturday, unless otherwise determined by the "Building Official . (5) 6 .2 All uses and operations on the site shall comply with the City` s Noise Ordinance. Outside public address speakers, telephone bells, car horns, buzzers and similar devices which are audible on adjoining properties 'are prohibited. Non-compliance with this restriction may be grounds for City initiation of revocation of the use permit . • Exhibit A ` Resolution No. 3534 Page 10 (S) 6.3 Prior to issuance of a Certificate of- Occupancy, the Building Official may require that field testing be performed to demonstrate compliance with noise attenuation standards . s (5) 6.4 Construction hours shall be clearly posted on the project site to the satisfaction of the Building Official. (2) 6 .5 The dryer blower motors and fans shall be remotely located in the equipment room. This reduces the typical dryer noise levels by about 10 dBA. (2) . 6 . 6 'The vacuum equipment shall' be housed in the eauipment room. (2) 6 .7 The equipment room must be acoustically insulated, including access door assemblies rated at least STC 35 . . EquiDment room venting should open onto the interior of the wash tunnel, and must use Model "R" Noishield acoustical louvers available from Industrial Acoustics Company or equivalent, as required by the October 9, 1997 Acoustical Analysis . (2) 6 . 8 Spec_=y the quietest possible air nozzles for the hand .. _ drying area. (2) 6 .9 Any air tools- used in the detail garage shall be rated to produce levers no higher than 89 dBA at one meter three feet (3 ' ) under full load. (2) 6 .10 All exterior mechanical equipment, including air conditioners, ice makers, exhaust fans, refrigeration, condensers, etc. shall have a Sound Rating of 8 . 5 Bels or less, or a level of 50 dBA at 50 feet or less . (2) 6.11 Compressors, ' blowers, pumps and other" mechanical equipment that does not require exterior locations for heat exchange purposes shall 'be- located_ in enclosed windowless rooms with acoustically sealed- doors . (2) 6 .12 Maintenance, changing of fluids, installation of parts, removal of parts, testing, 'tuning, and similar operations on -any vehicle is prohibited. (2) 6 .13 The- site shall be 'posted at a speed limit not to exceed 10 mph. Exhibit A Resolution No. 3534 • Page 11 FIRE AUTHORITY - (5) 7 .1 Prior to the issuance of any building ' permits, the applicant shall submit to the Fire Chief evidence of the on-site fire hydrant system and indicate whether public or private. If the system is private, the system shall be reviewed and approved by the Fire Chief prior to issuance of building permits . Provisions shall be made by the applicant for the repair and maintenance of the system in " a manner meeting the approval of the Fire Chief. (5) 7 .2 Prior to the recordation of a subdivision map, the applicant shall obtain approval of the Fire Chief of all fire protection access easements and shall dedicate them to the City. The CC&R' s shall contain provisions which prohibit obstructions within the fire protection access easement . The approval of the Fire Chief is required for any modifications. such as speed bumps, control gates or other chapges within said easement , (5) 7 .3 Prior to the issuance of any grading permits, the applicant shall submit and obtain approval of preliminary plans for all streets and courts, public or" private, from the Fire Chief in consultation with the Manager, Traffic . Engineering. The plans shall include the plan view, sectional view, and indicate the width of the street or court, measured flow line to flow . line . . All proposed fire -apparatus turnarounds shall be clearly marked when a dead-end street exceeds 150 feet or when other conditions require it . (5) 7 .4 Prior to the issuance of any grading permits, the applicant shall submit and obtain approval from the Fire Chief for improvement plans with fire lanes shown. The plans shall indicate the locations of red curbing, and signage . - A drawing of the proposed signage with the height.- -stoke and color "of lettering and the contrasting background color shall be submitted to and approved by the Fire Chief . Prior to the issuance of the - Certificate of Use 'and Occupancy, the approved fire lane marking plan shall be installed.. The CC&R' s shall contain a fire lane map and provisions which prohibit parking in the fire lanes . " A method of enforcement shall be included. (5) 705 Prior to the issuance of a building permit, the applicant shall submit to the Fire Chief a list of- the quantities of all hazardous, flammable and combustible materials, liquids or gases . These liquids and materials are to be classified according to the "Orange County Fire Authority Chemical Classification Handout" . The submittal shall Exhibit A Resolution No. 3534 Page 12 ti provide a' summary sheet listing each hazard class, the total quantity of chemicals stored per class and the total quantity of chemicals used in that, class . All forms of material are to be converted to units of measure in pounds, gallons and cubic feet'. (5) 7 . 6 Prior to the issuance of any building permits for combustible construction, the developer shall submit and obtain the Fire Chief' s approval. of a letter and plan stating that water for fire fighting purposes and an all weather ' fire access road shall be in place and operational as required by the Uniform Fire Code before any combustible materials are placed on the site.' (5) 7 .7 Prior to the issuance of any building permits an Orange County Fire Authority Water Availability form shall be submitted to and approved by the Plan Review Section for the Orange County Fire Authority. I,f sufficient water to meet fire flow requirements is not available, an automatic fire extinguishing system shall be installed in each structure in a manner meeting the approval of the • Fire Chief . (5) 7 . 8 Prior to the issuance of any building permits, tha applicant shall contact the Orange County Fire Authority Hazardous Materials Disclosure Office at (714) 744-0463 to obtain a "Hazardous Materials Business Information and Chemical Inventory Packet" . This shall be completed and submitted to the Fire Chief before the issuance of any building permits . (5) 7 .9 Prior to the issuance of any -building permits, the applicant shall submit plans for review and approval of the Fire Chief . The applicant shall 'include information' on the plans required by the Fire 'Chief. "Contact the Orange County Fire Authority Plans Review ' Section at (714). 744-00403 for. the Fire Safety Architectural Notes to be' placed on the plans . (5) 7 .10 Prior to the issuance of any Certificates of -Occupancy, all fire hydrants shall have a "Blue Reflective Pavement Marker" indicating its location on the s re.et or drive per the Orange County Fire Authority Standard and approved by the Fire Chief. On private property, these markers are to be maintained in good condition by the property owner. • (5) 7 .11 Prior to the installation of any above ground/underground tanks and/or dispensing equipment, plans shall be submitted to the Fire Chief for review and approval . Exhibit A Resolution No. 3534 Page 13 . USE RESTRICTIONS (1) 8 .1 The owners shall be responsible for the daily maintenance and up-keep of the facility, including but not limitedto trash removal, painting, graffiti removal and maintenance of improvements to ensure that the facilities are maintained in a neat and attractive manner. All graffiti shall be removed within 72 hours of a complaint being r transmitted by' the City to the property owner. Failure to maintain .said. structures 'and adjacent facilities will be grounds for City enforcement of its Property Maintenance- Ordinance, including nuisance abatement procedures . (5) 8 .2 The carwash is limited to operate between the hours of 7 : 30 a.m. and 8 : 00 p.m. When closed for operation, the . doors to the carwash tunnel shall be shut and the doors to the detail garage closed. (3) 8 .3 All building locking devices added to the premises shall meet those requirements as set forth in the Euilding Security Code. 0 (2) , 8 .4 The drying and detailing of vehicles -shall be'cor_f ined to the areas designated on the plan. No vehicles shall be detailed outside of the detail building and -no vehicles shall be dried outside the designated- drying area. (4) 8 .5 Storage of any vehicles on-site is prohibited. (4) 8. 6 Automotive repair is prohibited. FEES (1) 9 .1 Prior to issuance of any building permits, payment shall (5) be made -of all applicable fees, including but not limited- to the following. Payment shall be required based upon those rates in effect at the time of payment and are subject to change . A. Building plancheck and permit fees to the Community. Development Department based on the most current schedule. B. Orange County Fire Authority plan check and inspection fees to the Community Development Department based upon the most current schedule. C. New development fees in - the amount of $ 0 . 10 per square foot of floor area to the Community Development Department . • Exhibit A Resolution No. 3534 Page 14 D. Transportation System Improvement Program (TSIP) , Benefit Area "A" fees in the amount of .$5 . 53 per square foot of new square floor area of construction or improvements to the Community Development Department . E. Major thoroughfare and bridge fees in the amount of $2 . 96 per square foot of building area to the Tustin Public Works Department'. e F. Payment of any applicable East Orange County Water District . fees will be required. G. Payment of the Orange County Sanitation District No. 7 sewer connection fees will be' required. (1) 9 .2 Within forty-eight (48) hours 'of approval of the subject (5) project, the applicant shall deliver to the Community Development Department, a cashier' s check payable to the COUNTY CLERK in the amount of - $38 . 00' (thirty-eight dollars) 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. ATTACHMENT C PLANNING COMMISSION RESOLUTION NO. 3695 , i RESOLUTION NO. 3695 t 2 A' RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF 3 TUSTIN, APPROVING AN AMENDMENT TO CONDITION 1.3 OF RESOLUTION NO. 3534 FOR CONDITIONAL:USE PERMIT 97-005 AND 4 DESIGN REVIEW 97-009 EXTENDING THE DATE OF EXPIRATION OF s THE PROJECT APPROVAL TO JUNE 1, 2000 6 The Planning Commission does hereby resolve as follows: _. ' 1. The Planning Commission finds and determines as follows: s A. That a proper application to amend Condition 1.3 of Conditional Use Permit 9 97-005 and Design Review 97-009 was filed_ by Greg Bennett on behalf of 10 the property owners, Howard Ferrand, Ramesh Bajada, and Rekha Bajada requesting-an, extension of the expiration date for Conditional Use Permit 1 97-005 and Design Review 97-009 from'.December 1, 1999, to December lz 1, 2001.. 13 B. That a -public hearing was duly called, noticed and held. on said application on October 11, 1999, by the Planning Commission. 14 15 C. That according to Condition 1.3 of Resolution No: 3534, approved by the. _Planning Commission. oil November 11, 1997 and upheld by the City 16 Council on December 1, 1997, substantial construction was to be underway by December 1, 1999, or the project approval would be null and void. 17 18 D. As'of the date of this resolution, the applicant has not obtained building pen-nits for construction of the project and substantial construction is not 14 underway. zo E. , That.on September 22,, 1999,,the applicant submitted a request for an 71 extension of-the expiration date for Conditional Use, Permit 97-005 and Review 97-009 from December 1, 1999, to December 1, 2001, 22 Design pursuant-to Condition 1.3 of Resolution No. 3534. 23 F. That the extension of the-project expiration date by.twenty-four (24) months 24 _ to December1, 2001 would, under the circumstances of this case, be ` detrimental to-Ahe health,;.safety, or general welfare of the persons residing or working in the neighborhood of such,proposed use, and be injurious or 26 detrimental to the property and improvements_ in the neighborhood of the subject property, or to the general: welfare of the City of Tustin,' as 2' evidenced by thefollowing findings: 28 -1. That granting a two year extension.may,result in a lengthy period of 24 inactivity on the site. While the Planning Commission originally _granted a two year period to commence construction, the applicant has not.yet begun construction. 1 •Resolution No. 3695 z Page 2 3 4 2. If construction did not begin until Fall 2001, the original environmental documentation for the project may be outdated. 5 Typically, environmental documents that approach five years are b considered outdated and must be revised to reflect current conditions. 7 3. Although the applicant cited fin ancial'constraints as the justification for a two year extension, development activity is strong throughout 8 the City and the County. Staff has worked with the applicant to 9 minimize the interruption of commercial activities during the demolition and construction of the project to ensure the continuation 10 of a viable revenue stream. 11 4. The applicant initiated the plancheck process in June 1999 for demolition.and construction of the project and removed the existing 12 underground storage tanks in September 1999. During plan check, the applicant requested• expedited plan checks leading staff to 13 believe that construction would begin immediately. While the plans 14 have required corrections, the applicant will be able to obtain a building permit shortly. In addition, building permits are considered :• 1s "active" for a period of six .months. If building activity does not 16 proceed during those six months, the permit is considered inactive and the applicantwould be required to renew the permit. Granting a 17 two year extension when the building permit is ready to be issued may create an inconsistency between the life of the building permit 18 and the extension. 19 5. There are property maintenance violation's on the property (i.e.: illegal signage and inadequate building and site maintenance).Since 20 the approval of the discretionary applications, the owner has indicated, a desire to rectify the violations through site 71 redevelopment. Even though the City has granted numerous 22 extensions of time,the owner has not corrected the violations. 23 _ ` G. That the extension of the project expiration'date by six (6) months to June 24 1, 2000 will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or 25 working in the neighborhood of such proposed use, nor be injurious or detrimental to the property and improvements in the neighborhood of,the 26 subject property, or to the general 'welfare of,-the City of Tustin, as 27 evidenced by the following findings: 28 1. That granting a six' month -extension would encourage timely 29 construction of the project. 2. That the approved environmental documentation for the .project -would remain adequate for the project. 3. That granting a six month extension would revitalize the project site. • 1 . . Resolution No. 3695 r, 2 Page 3 3 4 4. That a building permit may be issued shortly and the,life of the building permitwould be generally consistent with the extension.. Y 5 5.• That granting a six month extension with conditions would ensure that the outstanding code violations would be addressed in a timely . 6 ..manner through the site redevelopment or, property maintenance s. 7 process: p. $ H. This project was addressed inn-a Negative Declaration for Conditional Use 9 Permit 97-005 and Design Review 97-009, certified by the City Council on December 1, 1997. 10 11 II. The Planning Commission hereby approves an..amendment,to Conditional Use Permit 97-005 and Design Review 97-009 to extend the expiration date of:said 12 project approval from December 1, 1999, to June 1; 2000;subject to the conditions contained in ExhibitA attached hereto. 13 ,4 PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular , 10meeting on the 11th day of October, 1999. IS - 16 17 1$ *SEN V. KOZAK 19 Chairperson 20 22 z ' ELIZABETHA. BINSACK 23 Planning.Commission Secretary 24 2s 26 = 27 29 Resolution No. 3695 • 2 Page 4 k 3 a STATE-OF CALIFORNIA } COUNTY OF ORANGE } 5 CITY OF TUSTIN } r 6 i? I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning 7 Commission Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3695 was duly passed and adopted at 'a regular meeting of the Tustin 8 Planning Commission, held on the 11th day of October, 1999. 9 10 11 ELIZABETH A. BINSACK 12 Planning Commission.Secretary 13 14 16 17 1s I9 20 21 23 24 25 26 27 29 • EXHIBIT A AMENDMENT TO CUP 97-005 AND DR 97409 CONDITIONS OF APPROVAL. RESOLUTION NO. 3695 GENERAL - *** 1.1 Condition 1.3 of Planning Commission Resolution .No. 3534 shall be amended to read: "The' subject project approval shall become, null and void unless- permits for the proposed project .are issued and substantial construction is underway by June 1,2000." (1} 1.2 With the exception of Condition 1.3 of Resolution No. 3534, all remaining conditions of approval contained in,•Planning Commission Resolution Nos. 3533, 3534, 3535, City Council Resolution Nos. 97-114, 97-115, 97-116, and those contained in the Amendment-to Design,Review 97-009 approval letter dated February 2, 1999 shall-continue to apply to this project. *** 1.3 The, property owner shall; rectify all outstanding code violations in accordance with the timeline identified in the letter to Gregory D. Bennett, Power of Attorney, dated September 30, 1999. If all code violations are not rectified in a manner meeting the.approval of the Director of Community Development in accordance with the letter dated September 30, 1999, this amendment to Conditional Use Permit 97-005 and Design Review 97-009 for a six (6) month extension shall become null-and void. . *** 1.4 The property owner sha[I maintain the property,in such a manner as to keep the property free from weeds, trash, refuse, dead vegetation, etc. Further, the property owner shall also maintain the site in such a manner as to prevent further violations of the Tustin-City Code regarding, but not limited to, such issues as signage, parking compliance, inappropriate uses, and noise. .Finally, the property owner shall maintain the improvements on the- site to"prevent further occurrences of cracked pavement, faded parking lot - =striping,,--cracked or- peeling paint/building,finish, broken - or_ dilapidated signage,- inoperative parking lot lighting; graffiti, and all other standards . contained in the City of Tustin Property Maintenance-Ordinance. SOURCE CODES : (1) STANDARD CONDITION . (5)* RESPONSIBLE'AGENCY (2) CEQA MITIGATION REQUIREMENTS' (3) UNIFORM,bUILDING CODEIS. (6) LANDSCAPING GUIDELINES . . (4) - DESIGN REVIEW (7)- PC/CC POLICY `** EXCEPTIONS - Exhibit A Resolution No. 3695 October 11, 1999 Page 2 (1) 1.5 Any violation of any of the conditions imposed is subject to the imposition of a civil penalty of $100.00 for each violation and each day the violation exists. t (1) 1.6 The applicant shall be responsible for costs associated with any further code enforcement action.. (1) 1.7 The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of a challenge of the City's approval for this project. (1) 1.8 Approval of an amendment to Conditional Use Permit 97-005 and Design Review 97.-009 is contingent upon the applicant and property owner signing and returning, by October 18, 1999, an "Agreementto Conditions Imposed" form as established by the-Director of Community Development. s 3..; ATTACHMENTD REQUEST FOR EXTENSION BENNETT ARCHITECTS 02/15/00 Ms. Elizabeth A. Binsack Director of Community Development 300 Centennial Way Tustin, CA 92780 Re: Tustin Auto Wash/535 East Main Street, Tustin, Ca Dear Ms. Binsack We.the owners of the above property are herby requesting an 1S mouth extension to the C.U.P. for this property. The existing conditions at this site may require that amount of time for environmental issues, that have been evolving over the past few months.:Also the Von's project has been delayed and needs to occur with the proposed site improvements on our property. Thank you for your support in this matter. . Sincerely, - for, THE OWNERS OF THE PROPERTY BY POWER OF ATTORNEY GREGORY D. BENNM, ARCHITECT BENNETT ARCHITECTS TuWa6 RECEIVED MAR 16 2000 COMMUNITY DEVELOPMENT BY 17581 Irvine Blvd., Suite 116, Tustin,California 92780 (714)731-6033 (714)731-6371 Fax (714)731-2059 ATTACHMENT E ` ' SITE ASSESSMENT v FEBRUARY 28, 2000 J & B E V Y NRONME `] JL l J11W 9 INC e 14455 BUTTONWOOD ST., PHELAN► CA 92371-9737 LICENSE 9A-756445 •Tank Removals•Tank Insfallafion-•Soil RenieJ;-6 n k ' S Environmental anafruc6on 0 H&z"ua Writs Packaging &Disposal i - ' SITE QUMMENT REPORT ' TUSTIN AUTO WASH 535 EAST MAIN STREET TUSTIN, CALIFORNIA FEBRUARY 26, 2000 Client: Tustin Auto Wash 535 East Main Street Tustin, California Client Contact: Mr, Ramesh Bajaria Consultant: J&B Environmental, Inc. 14455 Buttonwood Street Phelan, California 92371 Project Manager: Mr. Brian Alexander (760)868,3801 Brian Alexander amen M."Flaslett, RG, REA President Registered Geologist J&B Environmental, Inc. J&B Environmental, Inc. - i Y5 OFF. (760)868-3801 $ FAX(760)868-5.385 � TABLE OF CONTENTS , SECTION I Pa e Executly&Summary- 1. Introduction ...........:...............:................................ 2. Site Location:................. . 1 3. Topography. Geology;and Hydrogeology............................. 1 3.1 Topography....................................................................... �Y- 3.2 Geology......................:......................................................... 1 Y_ 3.3 H.ydrogeology.................................................................... 1 4. Site History... .............................::......:..............I...................... 2 -4.1 Tank Removal................:................................................... 2 . 4.2 Site Assessment.,..:..,:.:'...................................................... 2 4.3 Justification for Additional Assessment 3' 5. Site Investigation Methods...................... 5.1 Pre-Field Activlties........... 3 5.2 Drllling and Soil Sampling.......................................:...........:. 3 5.3 Groundwater Monitoring Well Installation................. 5.4 Soil Description 5.5 Soil Sample Analyses.......................................................... 4 5,6 .Groundwater Sample Collection and Analysis.................. .5 5.7'Evoluation of Groundwater Gradient.................................. 5 6. Summary and Conclusions....... .........................I...................... 6 : 7. Recommendations...................................................................... 7 8. References................................:.......I......... ........................ 7 SECTION Il—FIGURES 1 Site Location Map > 2 Site Pian 3 Cross Section A-A' . . 4 ' Cross Section B-B' 5 _ TPH as Gasoline/Benzene/MTBE Concentrations in Soil 6 Estimated Extent of Benzene In Soil ...7 Benzene/MTBE Concentrations In Groundwater. ' 8 Groundwater Row Dlrecfion 1-4-00 SECTION 111=SUMMARY TABLE _ .1 Summary of Soil SamRle,lAnalyticalz Results _v 2 _ Summary of Groundwater Monitoring Results SECTION IV—ATTACHMENTS. . 1 ' Summary of Previous Work - '2 OCHCA Approval Letter 3 , Well Permit 4 Soil Boring and Well Coristruction Procedures 5 _ Boring Logs 6 Laboratory Report i•. _ _ 7 , Well 06r' In and'Groundwater Sampling Procedures' 5 EXIrCIITIYI? SUMMARY J&B Environmental, Inc, was contracted by Mr, Ramesh Bajarla to conduct an environmental.- - - site assessment at the Tustin Auto Wash, located at 535 East Main Street In Tustin, California. The purpose of the Investigation was to evaluate groundwater conditions beneath the site. On December 27 and'28, 1999,J&B Environmental, Inc. drilled five soil borings (MW-1 through MW-5) to evaluate groundwater conditions beneath the site. The borings were drilled to depths ranging from 73 to 75 fbg. Groundwater was encountered at approximately 57 fbg during drilling, Groundwater levels later stabilized at approximately 54 fbg. Wells MW-1 and MW-3 through MW-5 were screened from 40to 70fbg and well.MW-2 was screened from 45 to 75fbg to allow for fluctuations In static water levels and in accordance with the requirements of the OCHCA. Sediments encountered during drilling from grade to 'approximately 75 fbg consisted predominantly of interbedded sand and salty sand, with lesser amounts clay and silt. Laboratory analytical results of soil samples indicated TPH as gasoline concentrations ranging from below the detection limit to 23,6 milligrams per kilogram (mg/kg), benzene concentrations ranging from below the detectlon limit to 0.575 mg/kg, and MTBE concentrations ranging from below the detection limit to 23.2 mg/kg. The presence of MTBE was confirmed using EPA Method 8260. Laboratory analytical results of groundwater samples collected from wells MW-1 through MW-5 indicated TPH as gasoline -concentrations ranging from below the detection limit to 29,800 micrograms per liter (ug/1), benzene concentrations ranging from below the detection limit to 21.6 ug/l, and MTBE concentrations ranging from .4.3 to 29,700 ug/1. The presence of MTBE was confirmed using EPA Method 8260._ OnJanuary 4, 2000, the groundwater flow direction for the site was toward the south-southeast, With a gradient of approximately 0.004. The lateral extent of dissolved-phase,hydrocarbons above regulatory action levels has been dellneated to the north and west of the former gasoline USTs. The lateral extent of dissolved phase hydrocarbons and MTB E has not been dellheated.to the south of well M W-3 or the east of well MW-2. Executive Summary Page 2 of 2 Based on.the results previous and current.Investigations,J&B Environmental, Inc. recommends: �F. Installing atleast one additional groundwater monitoring Well south of the site and one well to the east of the site to delineate the lateral extent of'dlssolved-phase hydrocarbons: • InItlating a quarterly groundwater monitoring program at the site to document dissolved- phase hydrocarbon trends In the groundwater beneath the site; and , x; Forwarding a copy of this report to Mr. Anthony Martinez of the Orange County Health Care .; Agency. 17 .�� — - — _ .. ... ', - .. '_•._ _ _•_ .,'i mace. i . t ATTACHMENT F k OCHCA LETTER TO PROPERTY OWNER F7 MICHAEL SCHUMACHER,Ph.D. 0COUNTY OF ORANGE* MIKED DIRECTOR EGN HEALTH CARE AGENCY REGGEPUTYAGENCY DII�EC U M ULATGRY HEALTHSERVICESCES JACK MILLER,REFS LtF0 REGULATORY HEALTH SERVICES DIRECTOR ENVIRONMENTAL HEALTH ENVIRONMENTAL HEALTH MAILING ADDRESS: 2009 EAST EDINGER AVENUE SANTA ANA,CA 927os-4720 r TBEPHGNE- (714)667-3600 FAX: (714)972-0749 PCC E i1 IVEDE-MAIL• 8r inXMeahh®b.co.orange.c&us March 24,2000 7 Zq�� Ramesh Bajaria Tustin Auto Wash 535 East Main Street Tustin, CA 92780 - Subject: Site Assessment Report dated February 28,2000 Re: Tustin Auto Wash 535 East Main Street Tustin, California OCHCA Case 499UT49 Dear Mr.Bajaria: This office has reviewed the site assessment report referenced above. We concur with the recommendations-presented in the report that quarterly groundwater monitoring be conducted at this site and that additional assessment is required to assess the lateral extent of groundwater contamination. Therefore,you are required to address the following items: L Quarterly groundwater monitoring must be conducted at this site until you are directed otherwise by this office. 2. A workplan for the installation of additional wells to assess the extent of the shallow groundwater contamination to the south and east of the size must be submitted to this office for review and approval by April 28,2000. Groundwater supply wells are located less than 1000 -feet west of the subject site. Significant concentrations of MTBE have also been discovered at this site. Therefore, this is considered a high- priority case and you will be required to conduct a characterization of the vertical extent of the groundwater contamination. A workplan for this assessment activity will be required upon submittal of the report for the next phase of site assessment. Also,upon completion of the vertical groundwater assessment, the locations and elevations of all wells must be.surveyed by'a Professional Licensed Surveyor to a nearby benchmark.A corrective action plan will also be required for this site and should be prepared as soon as your consultant determines that enough data is available to conduct a feasibility study to evaluate potential remedial alternatives.• Ramesh Bajaria March 24,2000 Page 2 1 If you have any questions,please contact me at(714) 667-3716. Sincerel Anthony .Martine Geologist Hazardous Materials Mitigation Section Environmental Health cc: Ken Williams,Santa Ana Regional Water Quality Control Board Brian Alexander,J&B Environmental Karen Peterson,City of Tustin Community Development Department y ATTACHMENT G ti r OCHCA LETTER TO KAREN PETERSON MICHAEL.SCHUMACHER,Ph.D. COUNTY OF ORANGE olREcroR MIKE SPURGEON M HEALTH CARE AGENCY REGRY DEPUTY EPU YA ENCYDIRECTOR O 1� JACK MIl f FR REHH �L1Fo��' REGULATORY HEALTH SERVICES ENVIRONMENTAL HEALTH ENVIRONMENTAL HEALTH MAILINGADCRESS: - - • - - - - - - - 2009 EAST EDINGER AVENUE SANTA ANA.CA 92705-4720 RECEIVED TELEPHONE: (714)667.3600 FAX: (714)9724749 E-MAIL' emrimMea%iQhca.co.orange.ca.us March 24,2000 MIAR 2 7 2000 Karen Peterson COMM ITY DEVEL01 � Community Development Depamnent City of Tustin 300 Centennial Way Tustin,CA 92780 Subject: Underground Storage Tank Cleanup Case Requirements Re: Tustin Car Wash 535 East Main Street Tustin, California OCHCA Case#99UT49 Dear Ms.Peterson: This office has reviewed a letter from the City of Tustin dated March 22, 2000. In that letter, you request information regarding the underground storage tank(CYST) cleanup case for the site referenced above. At this time, the OCHCA has an active cleanup case for this site because of contamination discovered during UST removal activities. Upon removal of USTs,.the responsible party,.Ramesh Bajaria, was directed to characterize the extent of the subsurface contamination beneath the site. Several soil borings were drilled and sampled and five groundwater monitoring wells have been installed. This office received the most recent site assessment report on March 6, 2000. Based on the findings presented in this report it appears that additional assessment will be required to assess the full extent of the groundwater contaminant plume, which appears to extend south and east of the site. Additional groundwater monitoring wells are required off site. With regard to the specific questions posed in the March 22,2000 letter- 1. Remediation is required. 2. Remediation may include the excavation of a small volume of shallow soil;however,the majority of the remediation will likelybe accomplished by vapor and/or water recovery and treatment. 3. It will probably be necessary to conduct active remediation at this site several years, followed by two years of post-remediation monitoring. 4. A remedial schedule has not been established for this site. Approval of a corrective action plan usually requires the responsible party to achieve particular results over a specified period. The state niay be issuingguidelines this year mandating cleanup times based on the priority of the site. Karen Peterson 1 - . March 24,2000 Page 2- . -5. Other than excavation, most of the required remediation can be accomplished with minor impact ;. to the proposed commercial/retail development at this site. f 6. The OCHCA would require that the CAP.considers future site use, and includes appropriate measures to minimize any interference between the remedial actions and the future site use. 7. This office would not object to the City issuing building permits for this site, but we would r= suggest that the responsible party get the corrective action plan approved by OCHCA before construction begins. If you have any further questions,please call Me at(714) 667-3716. Sincerely, AAthonyaitinez,RG Geologist Hazardous Materials Mitigation Section Environmental Health cc: ' Ramesh Bajaria,Tustin Auto Wash ATTACHMENT H RESOLUTION NO. 3724 ® I RESOLUTION NO. 3724 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF 3 TUSTIN, APPROVING AN AMENDMENT TO CONDITION 1.1 OF RESOLUTION NO. 3695. FOR CONDITIONAL USE PERMIT 97-005 AND ` 4 DESIGN REVIEW 97-009 EXTENDING THE DATE OF EXPIRATION OF S THE PROJECT APPROVAL TO DECEMBER 1, 2000 iT 6 The Planning Commission does hereby resolve as follows: 7 I. The Planning Commission finds and determines as follows: A. That a proper application to amend Condition 1.1 of the amendment to 9 Conditional Use Permit 97-005 and Design Review 97-009 was fled by 10 Greg Bennett on behalf of the property owners, Howard Ferrand, Ramesh Bajaria, and Rekha Bajaria requesting an eighteen (18) month extension of 11 the expiration date for Conditional Use Permit 97-005 and Design Review 97-009 from June 1, 2000, to December 1, 2001. 12 13 B. That a public hearing was duly called, noticed and held on said application on April 24, 2000, by the Planning Commission. 14 15 C. That according to Condition .1.3 of Resolution No. 3534, approved by the Planning Commission on November 11, .1997 and upheld by the City 16 Council on December 1, 1997, substantial.construction was to be underway 17 by December 1, 1999, or the project approval would be null and void. 18 'D. That on October 11, 1999, the Planning Commission adopted Resolution No. 3695, conditionally approving a six (6) month extension,of the expiration 19 date for Conditional Use Permit 97-005 and Design Review 97-009 from 20 December 1, 1999, to June 1, 2000, pursuant to Condition 1.3iof Resolution No. 3534. 21. E. That on March 16, 2000, the applicant submitted a request to amend zz Condition 1.1 of Planning Commission, Resolution No. 3695 to allow an 23 extension of the expiration date for Conditional Use,Permit 97-005 and Design Review 97-009-from June 1, 2000, to December 1, 2001. 24 25 F. As of the date of this resolution,-the applicant has not obtained building permits for construction of the project and substantial construction is not 26 underway. 27 0 zs . 29 1 Resolution No. 3724 2 Page 2 a - 3 G. That the extension of the project expiration date by eighteen (18) months to 4 December 1, 2001 may, under the circumstances of this case, be s detrimental to the health, safety, or general welfare of the persons residing or working in the neighborhood of such proposed use, and be injurious or 6 detrimental to the property and improvements in the neighborhood of the subject properly, or to the general welfare of the, City of Tustin, as evidenced by the following findings: s - 1. That granting an eighteen month extension may result in a lengthy 9 period of inactivity on the site. While the Planning Commission 10 originally granted •a six month extension period to commence construction, the applicant has not yet begun construction. 2. The approved expansion to the Vons supermarket adjacent to the subject property and the need to coordinate site improvements 1z between the two projects does not exist. The plan check for the 13 Vons project has been approved and permits may be issued. 3. That the need to delay the project to address remediation of soil and 14 groundwater contamination on the site does not exist. The Orange is County Health Care Agency, which regulates soil contamination and remediation issues, would not object to the City issuing building 16 permits for the development. 4. If construction did not begin until Fall 2001, the original " environmental documentation for the project may be outdated. 18 Typically, environmental documents that approach five years should be reviewed and, if necessary, revised to reflect current conditions. 19 20 H. That the extension of the project expiration date by six (6) months to December 1, 2000 will not, under the circumstances of this case, be 21 detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use, nor zz be injurious or detrimental to the property and improvements in the 23 neighborhood of the subject property, or to the general welfare of the City of Tustin, as evidenced by the following findings: 24 - 25 1. Granting an extension of six (6). months would likely spur the applicant to complete the plan check process in a timely manner. 26 2. Granting an extension of six (6) months rather than eighteen (18) months would spur demolition and construction activity to commence 27 in a timely manner and promote coordination with the Vons 28 expansion project which is scheduled to begin shortly. 3. Construction may proceed despite potential contamination. 29 5 Resolution No. 3724 t 2 Page 3 r 3 �., 4. Granting an extension of six (6) months would likely spur remediation j. 4 of existing property maintenance code violations. 5._ If construction did not begin until Fall 2001, the original ;~ s environmental documentation,for,the project may be outdated. f 6 I. . This,project was addressed in a Negative Declaration. for Conditional Use ' Permit 97-005 and Design Review.97-009,.certified by the City-Council on December 1, 1997. 9 IL The Planning Commission hereby approves an amendment to Conditional Use 10 Permit 97-005 and Design Review 97-009 to extend the expiration date of said project approval.from June 1, 2000 to December 1, 2000, subject to the conditions 11 contained in-Exhibit A attached hereto. 12 PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular 13 meeting on the 24th day of April, 2000. 14 15 16 STEPHEN WKOZAK Chairperson 17 18 ELIZABETH A. BINSACK _ 19 Planning Commission Secretary 20 2I STATE OF CALIFORNIA ) 22 COUNTY OF ORANGE ) 23 CITY OF TUSTIN ) 24 1, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the'Planning 25 Commission Secretaryof the Planning Commission of�the City of Tustin, California; that Resolution No. 3724 was duly passed and adopted at :a regular meeting of the Tustin 26 Planning Commission, held on the.24th day of April,.2000. 27 0 28 29 ELIZABETH A. BINSACK Planning Commission Secretary 5 EXHIBIT A - AMENDMENT TO CUP 97-005 AND DR 97-009 CONDITIONS OF APPROVAL _ RESOLUTION NO. 3724 - GENERAL i 1.1 Condition 1.1 of Planning Commission Resolution No. 3695 shall be amended to read: "The subject project approval shall become null and void unless permits for the proposed project are issued and substantial construction is underway by December 1,, 2000." {1) 1.2 With the exception of Condition 1.1 of Resolution No. 3695, all remaining conditions of approval contained in Planning Commission Resolution Nos. 3533, 3534, 3535, 3695, City Council Resolution Nos. 97-114, 97-115, 97- 116, and those contained in the Amendment to Design Review 97-009 approval letter dated February 2, 1999 shall continue to apply to this project. *** 1.3 The property owner shall deposit with the City a refundable performance . bond in the amount of $55,000 to ensure that the asphalt/concrete parking areas and drive aisles on the site are properly replaced with new materials as approved by the Community Development Director, should the project approvals expire. The property owner shall be responsible for any costs over and above the amount of ,the initial deposit. The bond shall be submitted to the Community Development Department by May 1, 2000, or the project approval shall become null and void. In the event the .project approvals expire, the bond. shall be used to install replacement paving on the entire site. *'* 1.4 The property owner shall maintain the property in such a manner as to keep the property free from weeds, trash, refuse, dead vegetation, etc. Further, the property owner shall also maintain the site in such a manner-as to prevent further violations of the Tustin City Code regarding, but not limited to, such issues as signage, parking compliance, inappropriate uses, and noise. Finally, the property owner shall maintain the improvements .on the site to prevent further occurrences of cracked pavement, faded parking lot striping, cracked or peeling paint/building finish, broken or- dilapidated . signage, inoperative parking lot lighting, graffiti, and all other standards contained in the City of Tustin Property Maintenance Ordinance. SOURCE CODES (1) STANDARD CONDITION . (5) RESPONSIBLE AGENCY (2) CEQA MITIGATION REQUIREMENTS (3) UNIFORM BUILDING CODEIS (6) LANDSCAPING GUIDELINES (4) DESIGN REVIEW -(7) PC/CC POLICY *� EXCEPTIONS :• ExhibitA _ Resolution No.3724 April 24,2000 Page 2 1.4 The property owner shall maintain the property in such a manner as to keep the property free from weeds, trash, refuse, dead vegetation, etc. Further, the property owner shall also maintain the site in such a manner as to prevent further violations of the Tustin City Code regarding, but not limited to, such issues as signage, parking compliance, inappropriate uses, and ?' noise. Finally, the property owner shall maintain the improvements on the site to prevent further occurrences of cracked pavement, faded parking lot = striping, cracked or peeling paint/building finish, broken or, dilapidated signage, inoperative parking- lot- lighting, graffiti, and all other standards contained in the City of Tustin Property Maintenance Ordinance. (1) 1.5 Any violation of any of the conditions imposed is subject to the imposition of a civil penalty of $100.00 for each violation and each day the violation exists. (1). 1.6 The applicant shall be responsible for costs associated with any further code enforcement action. (1) 1.7 The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of a challenge of the City's approval for this project. (1) 1.8. Approval of an amendment to Conditional Use Permit 977005 and Design Review 97009 is contingent upon'the applicant and property owner signing and returning, by May 1., 2000; an "Agreement to Conditions Imposed"form as established by the Director of Community Development. ITEM #3 i Oeport to the i Planning Commission DATE: APRIL 24, 2000 SUBJECT: CITY COUNCIL ACTION AGENDA, APRIL 97, 2000 PRESENTATION: ELIZABETH A. BINSACK, DIRECTOR COMMUNITY DEVELOPMENT DEPARTMENT ATTACHMENT: CITY COUNCIL ACTION AGENDA-APRIL 17, 2000 ACTION AGENDA CITY COUNCIL REGULAR MEETING APRIL. 17, 2000 7:04 P.M. CALL TO ORDER GIVEN INVOCATION — Rev. Allan Waterson, Aldersgate United Methodist Church GIVEN PLEDGE OF ALLEGIANCE POTTS ABSENT ROLL CALL PRESENTED PROCLAMATION - (1) Tustin National Jr. Basketball League Allstars, (2) Tustin High School Dance Team National Champions, and .(3) Valerie Crabill, 'Chief Deputy City Clerk Retirement. PUBLIC INPUT PHIL COX: 'COMMENDED 'THE CITY MANAGER FOR HIS RESPONSE TO OLD TOWN MAINTENANCE ISSUES, PROVIDED A PROGRESS REPORT ON THE REFURBISHMENT OF TWO OLD TOWN PLANTERS AND - REQUESTED THE CITY COMPEL THE LANDSCAPE CONTRACTOR TO COMPLETE THE SPRINKLER REPAIR. NONE CLOSED SESSION - None NONE PUBLIC HEARING - None CONSENT CALENDAR ( ITEMS 1 THROUGH 8 ) APPROVE_ D 1. APPROVAL OF MINUTES — APRIL 3, 2000 REGULAR MEETING Recommendation: Approve the City Council Minutes of April 3, 2000. APPROVED 2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL, Recommendation: Approve Demands in the amount of $81:1,267.75 and ratify Payroll in the amount of $400,422.89. Action Agenda —City Council April 17, 2000 — Page 1 -RATIFIED 3. PLANNING COMMISSION ACTION AGENDA — APRIL 10, 2000 All actions 'of the -Planning Commission become final iunless appealed by the City Council or member of the public. Recommendation: Ratify the Planning Commission Action Agenda of April 10, 2000. APPROVED 4. QUARTERLY INVESTMENT REPORT In compliance with Government Code Section 53646, the Investment Report for the quarter ending March 31, 2000, is submitted for City Council review. Recommendation: Receive and -file subject report as recommended by the City Treasurer. ADOPTED 5. RESOLUTION NO. 00-26 - A RESOLUTION OF THE CITY RESOLUTION COUNCIL OF THE CITY-OF'TUSTIN, CALIFORNIA, NO. 00-26 AUTHORIZING THE DEPARTMENT OF GENERAL SERVICES 'OF THE - STATE OF CALIFORNIA TO PURCHASE CERTAIN ITEMS Recommendation: Adopt* Resolution No. 00-26 authorizing the General Services Department of the State- of -California "to purchase the following current model year pick-up trucks on behalf of the City of Tustin: one full-size pick-up truck cab and chassis with a specified Utility bed,' three full-size heavy duty pick-up 7trucks, and one extended cab mini truck . as recommended by the Public Works. Department/Fields Services Division. APPROVED . 6. GRAD NIGHT FUNDING REQUESTS Recommendation: Authorize donations in the'amount of $2,500 to the Grad Night Committees for Foothill High School and Tustin High School as recommended by the City Clerk Department. . APPROVED 7. DISPOSAL OF FINANCE DEPARTMENT SURPLUS ASSETS Recommendation: (1) Declare surplus City fixed asset #1403, a* UARCO Burster and Imprinter, and (2) Authorize the Finance Department to, accept an offer from Meloni's' Best for $80.00, including removal, for. the - Burster as recommended by the Finance Department. Action Agenda—City-Council.April 17, 2009— Page 2 APPROVED 8. ANNUAL REVIEW AND ADOPTION OF THE INVESTMENT POLICY Recomrhendation: (1) Continue delegation , of investment Policy to G.W. Jeffries and' Associates, and • (2) Adopt the City,of'Tustin Investment Policy for fiscal year 2000-01 with no.changes as recommended by the City Treasurer. REGULAR BUSINESS ( ITEM 9 ) SELECTED THOMAS 9. SELECTION OF MAYOR AND MAYOR PRO. TEM AS MAYOR; WORLEY AS MAYOR PRO TEMAnnually, at the second meeting in April, the City Council selects.those members of the City Council who will serve as Mayor and Mayor Pro Tem for the corning year. -Recommendation: Pleasure of the City Council. NONE PUBLIC INPUT -OTHER BUSINESS / COMMITTEE REPORTS DOYLE: REPORTED .CASINO NIGHT FUNDRAISER FOR SANTA COP WAS SUCCESSFUL. COMMENDED MAYOR WORLEY FOR HER AGGRESSIVE, "GET 1T DONE" ATTITUDE 1N WASHINGTON. SALTARELLI: CONGRATULATED MAYOR WORLEY FOR AN EXCELLENT YEAR AND, HER : TIRELESS EFFORTS, -HE LOOKED FORWARD T,0 WORKING WITH NEWLY SELECTED MAYOR THOMAS, AND THE LEADERSHIP CONTINUITY WAS VITAL TO THE IMPORTANT ISSUES FACING THE CITY. WORLEY: REPORTED THE_ UTT '. MIDDLE - SCHOOL MENTOR PROGRAM WAS IN NEED 'OF VOLUNTEERS AND ENCOURAGED THE COMMUNITY TO PARTICIPATE. THANKED HER FAMILY FOR' THEIR SUPPORT DURING HER TERM AS MAYOR. THOMAS: INVITED EVERYONE TO ATTEND THE MAYOR'S RECEPTION; URGED RESIDENTS TO WRITE LETTERS TO WASHINGTON SUPPORTING THE CITY'S BASE CLOSURE EFFORTS.; _ HIS GOALS .AS- MAYOR WOULD BE A SUCCESSFUL , BASE CLOSURE, RESTRICTING .JOHN �. WAYNE OVERFLIGHTS IN DOWNTOWN TUSTIN, AND Action Agenda—City Council April 17, 2000—Page 3 FILLING THE VOID DUE TO LACK OF COUNTY -LEADERSHIP; AND THANKED HIS FAMILY-AND FRIENDS FOR THEIR SUPPORT. 7.47 P.M. ADJOURNMENT - The next regular meeting of_ the City Council, is scheduled for Monday, May 1, 2000, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. MAYOR'S RECEPTION - Immediately following the City Council meeting, a Mayor's Reception will be held in the Community Center. M Action Agenda —City Council April 17, 2000—Page 4 ACTION AGENDA " REGULAR MEETING OF THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY APRIL 17, 2000 7:47 P.M. CALL TO ORDER POTTS ABSENT ° ROLL CALL F NONE CLOSED SESSION - None REGULAR BUSINESS ( ITEMS 1 THROUGH 2 } APPROVED 1. APPROVAL OF MINUTES -- APRIL 3, 2000 REGULAR MEETING Recommendation: Approve the Redevelopment Agency Minutes of April 3, 2000. SELECTED THOMAS 2. SELECTION OF CHAIR AND CHAIR PRO TEM AS CHAIR; WORLEY AS CHAIR PRO TEM Annually, at the second meeting in April, the Redevelopment Agency selects those members of the Agency who will serve as Chair and Chair Pro Tem ,for the coming year. ` Recommendation: Pleasure of the Redevelopment Agency. NONE OTHER BUSINESS, 7:47 P.M. ADJOURNMENT - The next regular meeting of the Redevelopment Agency is scheduled for Monday, May- 1, ~ 2000, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. Action Agenda—Redevelopment Agency April 17, 2000—Page 1 _