HomeMy WebLinkAboutCC RES 19-39RESOLUTION NO. 19-39
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA
UPHOLDING PLANNING COMMISSION APPROVAL OF CONDITIONAL USE
PERMIT 2018-00018 AND DESIGN REVIEW 21018-00026, A REQUEST TO
DEMOLISH THE EXISTING GOODYEAR TIRE CENTER AND ADJACENT
GOODYEAR PARKING AREA AT 2541 EL CAMINO REAL AND REPLACE WITH
56 NEW PARKING STALLS AND TO CONSTRUCT A NEW 16 PUMP COSTCO
GASOLINE FUEL STATION WITH CANOPY AND RELATED EQUIPMENT AT
2655 EL CAMINO REAL.
The City Council does hereby resolve as follows:
The City Council finds and determines as follows:
A. That a proper application for Conditional Use Permit (CUP) 2018-00018 and
Design Review (DR) 2018-00026 has been submitted by Terry Odle/MG2,
applicant, requesting authorization to demolish the existing Goodyear Tire
Center and adjacent Goodyear parking area at 2541 EI Camino Real and to
construct a new 16 pump Costco gasoline fuel station with canopy and related
equipment located at 2655 EI Camino Real.
B. That the site is zoned as Planned Community Mixed -Use and within the
East Tustin Specific Plan (ETSP) and has a General Plan land -use
designation of Planned Community Commercial/Business. (PCCB). The
project has been reviewed for consistency with the Air Quality Sub -element
of the City of Tustin General Plan and has been determined to be consistent
with the Air Quality Sub -element.
C. That pursuant to ETSP Sections 3.8.2 and 3.7.2.A.1.u, new service stations
are permitted subject to approval of a CUP.
D. That a public hearing was duly called, noticed, and held on said application
on June 11, 2019, by the Planning Commission at which the Planning
Commission continued the project to the July 9, 2019, meeting. Following the
public hearing, the Planning Commission adopted Resolution No. 4385
approving the proposed project.
E. That on July 19, 2019, an appeal letter was filed by Charlie Mazza, on behalf
of himself and other unidentified businesses and homeowners, appealing the
decision of the Planning Commission. The appeal letter identified the
following items:
Resolution 19-39
Page 1 of 16
F
Ee
a) The project is over 5 acres in size and the CEQA exemption
(Section 15332, Class 32) is incorrect.
b) The added traffic, congestion and the number of vehicles waiting in
line (idling) will create very unhealthful air and affect the quality of
life to those that live and work nearby.
c) The street width is not adequate to accommodate an additional
right turn lane from EI Camino Real onto the property.
d) The Planning Commission approved the project without taking any
considerations to quality of life issues.
That a public hearing was duly called, noticed, and held on said appeal on
October 15, 2019, by the City Council.
That the proposed project complies with General Plan Land Use Element
Goals and Policies which include:
a) Goal 1: Provide for a well-balanced land use pattern that
accommodates existing and future needs for housing, commercial
and industrial land, open space and community facilities and
services, while maintaining a healthy, diversified economy
adequate to provide future City services.
Consistent — The project site is located in an existing retail shopping
center with commercial zoning. The proposed gasoline station
would be consistent with and support the existing commercial
development. As it would not displace any residential or industrial
uses, open space or community facilities, the proposed project
would not alter the existing balance of land uses in the City. The
proposed project would diversify the retail uses in the shopping
center and would increase City sales tax revenues that can be used
to fund future City services.
b) Policy 1.5: Encourage compatible and complementary infill of
previously by-passed parcels in areas already predominately
developed.
Consistent — The proposed project would provide complimentary
and compatible infill development within an existing shopping
center. The project site is located in an urbanized area of the City
and is substantially surrounded by urban uses, including the
remainder of the shopping center, the adjacent Tustin Marketplace
shopping center, the Tustin Auto Center auto dealerships,
condominiums, and single-family residences. The proposed
gasoline station is located along a major commercial thoroughfare
in the City and would be compatible with the shopping center and
Resolution 19-39
Page 2 of 16
other surrounding uses.
c) Policy 1.10: Ensure that the distribution and intensity of land uses
are consistent with the Land Use Plan and classification system.
Consistent — The proposed project would be consistent with the
PCCB land use designation and, as discussed below, the ETSP
that governs development on the project site. As part of the
discretionary entitlements for the proposed project, consistent with
the ETSP, the required CUP will ensure that the proposed gas
station use is consistent with the City's development policies and
compatible with the surrounding land uses.
d) Goal 3: Ensure that new development is compatible with
surrounding land uses in the community, the City's circulation
network, availability of public facilities, existing development
constraints and the City's unique characteristics and resources.
Consistent — The proposed project consists of development of a
gasoline station that would be compatible with the existing Costco
Warehouse, shopping center, and other surrounding land uses.
The proposed gasoline station would be located along a major
commercial thoroughfare, compatible with the City's circulation
network, and, as discussed in the consistency analysis for Policy
1. 10, above, the required conditional use permit will ensure that the
proposed project is consistent with the City's development policies
and compatible with the surrounding land uses. Therefore, the
proposed project, as conditioned, would not be detrimental to
surrounding properties.
e) Policy 3.2: Locate major commercial uses in areas that are easily
accessible to major transportation facilities.
Consistent — The proposed project would be an infill development
in an existing shopping center that is a major commercial use
located along several major commercial thoroughfares and is easily
accessible to major transportation facilities, including the Santa
Ana freeway, located less than one mile from the project site.
f) Policy 4.1: Mitigate traffic congestion and unacceptable levels of
noise, odors, dust and light and glare which affect residential areas
and sensitive receptors.
Consistent — The proposed project adequately addresses
Resolution 19-39
Page 3 of 16
anticipated off-site traffic impacts. The proposed plan has two (2)
queue management plans to accommodate potential queueing
demands. If queues cannot be adequately managed by the
strategies in the plan, closure of the northbound right turn lane with
retractable bollards and re-routing of customers to the next parking
aisle will be implemented. In addition to the queueing management
plans, the proposed project has been conditioned to provide three
(3) on-site traffic attendants to guide and direct traffic during periods
of peak demand. Through a combination of queueing plans and
manned personnel for traffic guidance, the use will not impact
circulation on the site or within the existing shopping center.
Additionally, the proposed project, by means of regulatory
compliance, would not create a significant noise impact on the
surrounding neighborhood, because the fuel station would be
subject to and would comply with the Tustin Noise Ordinance and
General Plan Noise Element.
The applicant is required to obtain approval from the South Coast
Air Quality Management District (SCAQMD) prior to the issuance
of building or grading permits. By complying with all applicable
SCAQMD regulations and obtaining a ministerial Permit to
Construct (PTC) and Permit to Operate (PTO), the proposed
project will not create any unacceptable levels of odors or dust or
other air quality impacts.
In addition, as conditioned, the proposed project must provide
adequate lighting to illuminate the fueling area, subject to
Community Development Department review and approval. Such
lighting must meet applicable requirements of the City's Building
Regulations Code and the State Fire Code. Therefore, by means
of regulatory compliance, the proposed project will not create any
unacceptable levels of light and glare.
g) Goal 7: Promote expansion of the City's economic base and
diversification of economic activity.
Policy 7.1: Broaden the City's tax base by attracting businesses
which will contribute to the City's economic growth and employment
opportunities while ensuring compatibility with other General Plan
goals and policies.
Consistent — The proposed project would expand the City's
economic base by providing a new gas station that will serve
Costco members. The gas station will contribute to the City's
Resolution 19-39
Page 4 of 16
economic growth through increased economic activity and sales
tax revenues.
h) Policy 7.5(a): Focus retail development into consolidated,
economically viable and attractive centers of adequate size and
scale which offer a variety of retail goods and amenities.
Consistent — The proposed project would be located within a
portion of the existing shopping center, thereby maintaining the
focused retail development in the City. The addition of the gasoline
station would also enhance the economic viability of the existing
shopping center, and provide for a new retail amenity within the
existing shopping center to serve Costco members.
i) Goal 9: Continue to provide for a planned community in East Tustin
compatible with the land use characteristics of the local area and
sensitive to the natural environment.
Policy 9.1: Ensure the compatibility of development in East Tustin
adjacent to existing developed areas.
Consistent — The proposed project would provide for infill
development within an existing shopping center located along
major commercial thoroughfares in an urbanized area of East
Tustin. The proposed project would be consistent with the ETSP,
including obtaining the required CUP for the proposed gasoline fuel
station in order to ensure compatibility with the land use
characteristics of the local area and the adjacent existing
development.
H. That in approving the CUP for the establishment, maintenance, and
operation of the proposed gasoline fuel station, the City Council determine
that the project will not, under the circumstances of this case, be detrimental
to the health, safety, morals, comfort, or general welfare of the persons
residing or working in the neighborhood of such proposed use, nor be
injurious or detrimental to the property and improvements in the
neighborhood of the subject property, or to the general welfare of the City
of Tustin in that:
1) Pursuant to Section 3.8.2 and 3.7.2.A.1.0 of the ETSP, the Specific
Plan allows for service stations with the approval of a Conditional
Use Permit.
2) Pursuant to Tustin City Code (TCC) Section 9291c, the Planning
Commission is authorized to act on CUPs and impose conditions
Resolution 19-39
Page 5 of 16
deemed necessary to protect the public interest and ensure
compliance with the General Plan. The Planning Commission
approved CUP 2018-00018 by adopting Resolution No. 4385 on July
9, 2019.
3) That on July 19, 2019, an appeal was filed by Charlie Mazza, on
behalf of himself and unidentified homeowners and businesses.
Pursuant to TCC Section 9294b, the City Council shall conduct a
public hearing on the item and that the hearing shall be de novo.
4) The proposed use, as conditioned, would not be detrimental to
surrounding properties in that:
• The scope of operations for the proposed service station would
be compatible and provide support services for the uses in the
area.
• The project site is located within an urban area of Tustin on a
2.38 -acre portion of an existing shopping center where
existing infrastructure and support services are already in
place.
• The uses surrounding the project site include the remainder
of the shopping center, the adjacent Tustin Auto Center auto
dealerships, condominiums and single-family residences.
• The proposed project does not involve the construction of any
new buildings aside from the equipment enclosure containing
the gas station equipment controllers and an overhead
canopy.
• The project site is zoned PC -MU and has a General Plan
designation of PCCB which provides opportunities for a
mixture of all the activities permitted within commercial land
use designations in the City.
• The proposed project is consistent with the ETSP and the
required conditional use permit will ensure that the proposed
gas station use is consistent with the City's development
policies and compatible with the surrounding land uses.
5) The proposed use is not anticipated to result in parking impacts since
the site provides more than the TCC required number of parking
spaces to service the existing shopping center and proposed use.
Demolition of the existing Goodyear Tire Center building will be
replaced with additional parking spaces that will continue to provide
adequate parking for the shopping center.
6) The proposed use is not anticipated to result in queueing or
circulation impacts as the project has two (2) queue management
Resolution 19-39
Page 6 of 16
plans to accommodate potential queueing demands. If queues
cannot be adequately managed by the strategies in the plan, closure
of the northbound right turn lane with retractable bollards and re-
routing of customers to the next parking aisle will be implemented.
In addition to the queuing management plans, the project has been
conditioned to provide three (3) on-site traffic attendants to guide and
direct traffic. Through a combination of queueing plans and manned
personnel for traffic guidance, the use will not impact circulation on
the site or within the existing shopping center.
7) The proposed project addresses anticipated off-site traffic impacts.
The proposed plan includes an additional right turn lane within the
existing EI Camino Real 64 -foot wide roadway by narrowing each of
the existing lane widths to approximately 10-11 feet wide and
restriping. The street width and additional lane configuration has
been reviewed and approved by the City's Traffic Engineer.
8) The proposed use would not create a noise impact on the surrounding
neighborhood since the service station would be subject to the Tustin
Noise Ordinance and General Plan Noise Element. The ordinance
provides specific noise standards to be applied for various land uses
for both daytime and nighttime hours, prohibits certain noise sources,
and describes the manner in which the noise standards are to be
enforced. The proposed project is located along a major commercial
thoroughfare, and the proposed fuel station would be compatible with
surroundings uses in that the scope of operations would be compatible
with other commercial uses in the area. Through regulatory
compliance, noise impacts from project construction and onsite
sources during operation would be less than significant.
9) The construction and operation of the gasoline station will operate
within the ministerial requirements of the SCAQMD and the project
has been conditioned to comply with SCAQMD air quality standards
and all required permits. The submitted air quality and greenhouse
gas (GHG) emissions analysis have determined that the proposed
project would not cause significant impacts relative to GHG
emissions or air quality.
10) The proposed use would not be detrimental to the surrounding
properties in that the hours of operation would be consistent with the
general business hours of other businesses within the surrounding
vicinity. The proposed project constitutes infill development within an
approximate 2.38 -acre portion of an existing commercial shopping
center. The area is urbanized and is consistent with the physical
arrangement of other properties within the vicinity of the project site.
Resolution 19-39
Page 7 of 16
That in approving the DR for the establishment of a new fuel station, the City
Council must determine whether it can be found that the location, size, and
general appearance of the proposed project, as conditioned, is compatible
with the surrounding area in that the proposed improvements, including the
canopy and equipment enclosure, is proportionately sized to the site. The
proposal will not impair the orderly and harmonious development of the area,
the present or future development therein, or the occupancy as a whole. A
decision to approve this request may be supported by the following findings:
1) That the location, size and general appearance of the proposed service
station, canopy and equipment enclosure is compatible of the existing
structures and surrounding area in that the proposed improvements,
including the canopy, is proportionately sized for the site.
2) That as conditioned, the applicant will be required to submit a Master Sign
Plan.
3) That the height, bulk, and area of proposed use is compatible with the
existing Costco warehouse building.
4) That the setbacks and site planning have been thoroughly evaluated in
that the proposed project location, layout and proximity to the existing
Costco Warehouse building has been analyzed and the proposed project
complies with the requirements established in the ETSP.
5) That exterior material and colors have been reviewed for the proposed
project and they are compatible with the existing warehouse building and
other retail tenants within the shopping center.
6) That the type and pitch of roofs have been reviewed for the proposed
project and the proposed roofed canopy over the fuel pumps is compatible
with the existing warehouse building and other retail tenants within the
shopping center.
7) That the parking area design and traffic circulation have been reviewed
and analyzed in the initial Traffic Analysis and supplemental memorandum
which addressed overall on-site circulation and vehicular queueing for the
proposed project.
8) That the location and method of refuse storage has been adequately
addressed in that the proposed project does not propose any changes to
the existing refuse function and operation.
9) That the physical relationship of proposed structures to existing structures
has been evaluated in that the proposed canopy and small equipment will
Resolution 19-39
Page 8 of 16
aid in the function of the gasoline station. The canopy will be proportional
in height and area to the other buildings on the project site and within the
existing shopping center overall. The location of the equipment is ancillary
to the gasoline station and will be screened by either a wall and/or
landscaping.
10)That appearance and design relationship of proposed structures to
existing structures is consistent and compatible in that the proposed
columns and colors for the canopy and equipment enclosure will
correspond with the exterior of the existing warehouse building.
11)That development guidelines and criteria for the ETSP Mixed -Use area as
well as the City's Service Station Guidelines adopted by the City Council
have been reviewed and incorporated into the project.
J. The proposed project is Categorically Exempt pursuant to Class 32 meeting
all of the criteria prescribed under CEQA Guidelines Section 15332
described below:
a) The proposed project is consistent with the applicable general plan
designation and all applicable general plan policies as well as with
applicable zoning designation and regulations.
The project is consistent with the General Plan as identified in
Section /G of this resolution, the ETSP as the project complies with
all the development standards identified in the ETSP along with the
goals and objectives as identified in the staff report to the City
Council dated October 15, 2019, and applicable Tustin City Code
regulations as the project is required to obtain design review
approval and comply with other regulatory requirements associated
with the project. Therefore, the proposed project satisfies this
criteria for a Class 32 Exemption.
b) The proposed development occurs within City limits on a project
site of no more than five (5) acres substantially surrounded by
urban uses.
The project site (consisting of the area where the fueling station and
the area where the existing Goodyear Tire Center building will be
demolished and restriped with surface parking) has a total area of
approximately 2.38 acres. No new development or construction
activity related to the proposed project will occur in the other
portions of the shopping center, including the existing Costco
Warehouse, former K-mart/Ansar Gallery retail space, and other
pad parcels, nor will the existing operations at these uses change
Resolution 19-39
Page 9 of 16
as a result of the proposed project. These uses and areas are part
of the existing environment prior to the project that will not change
as a result of the project. Therefore, they comprise the
environmental baseline and are not part of the proposed project.
Therefore, the proposed project satisfies this criteria for a Class 32
Exemption.
c) The project site has no value as habitat for endangered, rare or
threatened species.
The project site and the surrounding area are developed with
buildings and other urban infrastructure and do not contain any
significant areas of natural open space or areas of significant
biological resource or habitat value. Improved with an asphalt -
paved parking lot and the existing Goodyear Tire Center building,
there are few trees and vegetation located on-site within the
existing surface parking areas. According to the U.S. Fish and
Wildlife Service (USFWS) Threatened and endangered Species
Active Critical Habitat Report, no candidate, sensitive, or other
special status species identified in local plans, policies or
regulations, or by the California Department of Fish and Wildlife
(CDFW) or the USFWS have been recorded or exist on the project
site. Furthermore, no critical habitat was identified in the U.S.
Environmental Protection Agency's NEPAssist mapping tool.
The proposed project would also remove 48 non protected on-site
trees and zero (0) non protected trees in the adjacent public right-
of-way. While the removal of non -protected trees would not be
considered a significant impact under CEQA, such removal has the
potential to impact nesting bird species, if present at the time of
removal. The project must comply with all applicable Federal laws
and regulations, which would include adherence to the Federal
Migratory Bird Treaty Act and the State Fish and Game Code. As
a result, the project would have a less than significant impact on
endangered, rare, or threatened species or their habitat and
therefore, satisfies this criteria for a Class 32 Exemption.
d) Approval of the proposed project would not result in any significant
effects relating to traffic, noise, air quality, or water quality.
Traffic:
A Traffic Analysis analyzed anticipated trip generation &
related impacts, LOS and queueing analysis at different
intersections, fuel area layout, fuel delivery site circulation
and on-site vehicle stacking and parking. Based on the
Resolution 19-39
Page 10 of 16
study, all intersections operate at LOS A or B during the
weekday a.m. and p.m. peak hours. Using the same
methodology, the long-term buildout and buildout plus
project analysis demonstrates that all study intersections
will operate acceptably at LOS D or better. Based on
these analyses, as well as the current roadway
improvements taking place along Tustin Ranch Road and
El Camino Real, the supplemental traffic analysis
concludes that the proposed project is not expected to
adversely affect intersection operations.
• Implementation of the queue management plan will ensure
that impacts of queued vehicles on access and circulation
within the project site and the rest of the shopping center
would be less than significant. The gas station would be
equipped with a red-light/green-light system to indicate
which pump was open and available to the next person in
line. This system improves efficiency and helps shorten
lines to waiting members. In addition, CostcoPay would
be in place at the station. The CostcoPay system provides
members with a key -chain fob that contains memberships
and secure payment information. Using the fob instead of
membership and credit cards reduces time at the pumps
by approximately 35 seconds per transaction. The
implementation of both these devices would help reduce
time at the pumps which in turn reduces queues.
Noise:
• The proposed project is located along major commercial
thoroughfare and the proposed hours of operation and
operation of the fuel station would be compatible with the
surrounding area. The project will be required to comply
with the City's noise standard.
Air Quality:
• The Air Quality analysis was prepared to provide an air
quality and greenhouse gas emissions assessment of the
proposed project in compliance with the requirements of
CEQA. Specifically, the proposed project's emissions of
criteria air pollutants (CAP) and greenhouse gases (GHG)
associated with construction and operation of the project
were analyzed. The Air Quality analysis concludes that the
proposed project would not cause significant air quality or
GHG impacts.
Resolution 19-39
Page 11 of 16
Hydrology and Water Quality.
• The submitted WQMP for the proposed project has been
reviewed and demonstrated compliance with the
requirements of State Water Quality Regional Control
(SWRCB) and other Federal, State and local regulations
relative to water quality and drainage. Consistent with the
Hydrology Report and WQMP, implementation of these
regulatory compliance measures will ensure that the
proposed project will not cause a significant impact to
water quality.
e) The project can be adequately served by all required utilities and
public services.
The project site is located in an urbanized area within a 2.38 -acre
portion of an existing shopping center and does not involve the
construction of any new buildings aside from the equipment
enclosure containing the gas station equipment controllers and
new canopy. Additionally, the infrastructure for the utilities
required to serve the proposed project are already in place and
serve the shopping center.
The proposed project has no residential component and there will
be only one (1) regular employee, and therefore can be
adequately served by the existing police and fire services,
schools, parks, libraries along with all required utilities and public
services and satisfies this condition for a Class 32 Exemption.
K. Section 15300.2 of the State CEQA Guidelines provides exceptions
to the Class 32 Exemption including the following:
a) The project and successive projects of the same type in the same
place will result in cumulative impacts;
There are no known related projects in the vicinity of the project site
that will result in cumulative impacts with respect to traffic, noise, water
quality and utilities and public services. If the vacant K -mart building
were to be fully occupied, which may be the nearest and most realistic
future project to the project site, all study locations would continue to
operate at acceptable levels of service. Additionally, the long-term
buildout and buildout plus project traffic analysis demonstrates that all
study intersections will operate acceptably at LOS D or better. Given
the excess capacity at the studied intersections, operation of the
proposed project with any other projects would not result in cumulative
traffic impacts.
Resolution 19-39
Page 12 of 16
Regulatory compliance measures for noise will ensure that the
proposed project's potential to contribute to substantial cumulative
noise levels from construction or stationary sources during operation
would be less than significant. A doubling of traffic volumes could
result in a perceptible increase in traffic noise. Per the traffic analysis,
the proposed project would not generate sufficient traffic to result in a
doubling of traffic volumes. As shown in the supplemental traffic
analysis memorandum, a possible reuse of the K -mart building would
not generate sufficient trips that, coupled with the proposed project's
trips, would result in a doubling of traffic volumes. As a result,
cumulative noise levels from traffic would be less than significant.
Cumulative air quality impacts from construction and operation of the
proposed project, based on SCAQMD guidelines, are analyzed in a
manner similar to project -specific air quality impacts. According to
SCAQMD, individual development projects that generate construction
or operational emissions that exceed the SCAQMD recommended
daily thresholds for project -specific impacts would also cause a
cumulatively considerable increase in emissions. The construction -
related and operational daily emissions associated with the proposed
project would not exceed the SCAQMD's recommended thresholds,
thus the proposed project's emissions would not be cumulatively
considerable. Therefore, cumulative air quality impacts would be less
than significant.
The proposed project would not result in any significant water quality
impacts. Like the proposed project, any other future projects in the
vicinity would be required to implement stormwater Best Management
Practices (BMPs) pursuant to Water Quality Management Plans.
Mandatory structural BMPs in accordance with the NPDES water
quality program would result in a cumulative reduction of surface
runoff, as the development in the vicinity of the project site is limited to
infill development and redevelopment of an existing urbanized area.
As a result, through means of regulatory compliance by the proposed
project and for any other projects in the vicinity, cumulative water
quality impacts would be less than significant.
As noted, the proposed project is consistent with the General Plan and
ETSP, the project site is served by existing utilities infrastructure, and
the proposed project is not expected to result in significant new
demand for public services. Adequate capacity exists to serve the
proposed project, and it would not result in any significant cumulative
impacts associated with utilities or public services.
Resolution 19-39
Page 13 of 16
b) There are unusual circumstances creating the reasonable
possibility of significant effects;
Based upon staff analysis, there are no unusual circumstances that
exist in connection with the proposed project or surrounding
environmental conditions that have the potential to result in significant
environmental impacts. The project site is located in an urbanized area
of the City within the ETSP area and is consistent with the physical
arrangement of the properties within the vicinity of the project site. The
proposed project constitutes infill development within a portion of an
existing shopping center along a major commercial thoroughfare and in
close proximity to significant transportation facilities, including the Santa
Ana freeway located less than one mile from the project site. There are
no features of the proposed project, such as its size or location, that
distinguish it from others in the exempt class. No unique or unusual
circumstances exist with respect to the proposed project that would
give rise to a reasonable possibility of a significant effect upon the
environment
c) The project may result in damage to scenic resources, including
but not limited to, trees, historic buildings, rock outcroppings, or
similar resources, within an officially designated scenic highway;
The project site is not located within or bordered by the viewshed of
any designated scenic highway as referenced in the City's General
Plan or in the Orange County, California Scenic Highway Plan.
Roadways immediately adjacent to the project site; E/ Camino Real,
Bryan Avenue, Myford Road or Tustin Ranch Road are not designated
as a scenic highway. There are no protected trees or unique geologic
features on the site. As a result, the proposed project would not
damage any scenic resources within an officially designated scenic
highway.
d) The project is located on a site that the Department of Toxic
Substances Control and the Secretary of the Environmental
Protection have identified, pursuant to Government code section
65962.5, as being affected by hazardous wastes or clean-up
problems; or
Based upon the submitted Phase / Environmental Site
Assessment, the proposed project site is not located on a site that
the Department of Toxic Substances Control and the Secretary of
the Environmental Protection have identified as being affected by
hazardous wastes or clean-up problems. _
Resolution 19-39
Page 14 of 16
e) The project may cause a substantial adverse change in the
significance of an historical resource.
Based upon the submitted Phase 1 Environmental Site
Assessment, the proposed project will not cause a substantial
adverse change in the significance of an historical resource. The
project site was historically used for agricultural purposes between
at least 1938 and 1985. The project site currently consists of a
surface parking lot as well as a Goodyear Tire Center Building. The
building was constructed as an automobile service center in 1997
and has operated under several different names. Accordingly,
there are no historical resources on the project site.
As a result, the project does not fall within any of the above -referenced
exceptions and is therefore in compliance with Section 15300.2 of the State
CEQA Guidelines (Class 32 Exemption Exceptions) which qualifies the
proposed project for a Class 32 Exemption.
II. The City Council hereby approves CUP 2018-00018 and DR 2018-00026, upholding
the Planning Commission decision to approve a request authorizing the demolition
of the existing Goodyear Tire Center and adjacent Goodyear parking area at 2541 EI
Camino Real and construction of a new 16 pump Costco gasoline fuel station with
canopy and related equipment located at 2655 EI Camino Real, subject to conditions
listed in Exhibit A herein.
PASSED AND ADOPTED by the City Council of the City of,Tustin, at a regul eeting on
the 15th day of October, 2019. /
CHARLES E. PUCKETT,
Mayor
AC da
ERICA N. YASU
City Clerk
Resolution 19-39
Page 15 of 16
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
CERTIFICATION FOR RESOLUTION NO. 19-39
I, Erica N. Yasuda, City Clerk and ex -officio Clerk of the City Council of the City of Tustin,
California, does hereby certify that the whole number of the members of the City Council
of the City of Tustin is five; that the above and foregoing Resolution No. 19-39 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 15th day
of October, 2019, by the following vote:
COUNCILMEMBER AYES: Puckett, Bernstein, Clark, Lumbard (4 )
COUNCILMEMBER NOES: Cooper (1 )
COUNCILMEMBER ABSTAINED: (0 )
COUNCILMEMBER ABSENT: i n i
�JAA' All
ER rtA N. YAS 0A,
City Clerk
Resolution 19-39
Page 16 of 16
EXHIBIT A
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT 2018-00018
DESIGN REVIEW 2018-00026
GENERAL
(1) 1.1 The proposed project shall substantially conform to the submitted plans for
the project date stamped October 15, 2019, on file with the Community
Development Department, as herein modified, or 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 provisions of the Tustin
City Code or other applicable regulations.
(1) 1.2 This approval shall become null and void unless the use is established
within twelve (12) months of the date of this Exhibit. Time extensions may
be granted if a written request and associated fee are received by the
Community Development Department within thirty (30) days prior to
expiration.
(1) 1.3 Unless otherwise specified, the conditions contained in this Exhibit shall be
complied with as specified, subject to review and approval by the
Community Development Department.
(1) 1.4 Approval of CUP 2018-00018/DR 2018-00026 is contingent upon the
applicant returning to the Community Development Department a notarized
"Agreement to Conditions Imposed" form and the property owner signing
and recording with the County Clerk -Recorder a notarized "Notice of
Discretionary Permit Approval and Conditions of Approval' form. The forms
shall be established by the Director of Community Development, and
evidence of recordation shall be provided to the Community Development
Department.
SOURCE CODES
(1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT
(2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES
(3) BUILDING CODE (7) PC/CC POLICY
1446918.1
Exhibit A
Resolution No. 19-39
Page 2
(1) 1.5 CUP 2018-00018/DR 2018-00026 may be reviewed on an annual basis, or
more often if necessary, by the Community Development Director. The
Community Development Director shall review the use to ascertain
compliance with conditions of approval and compatibility with the area. If the
use is not operated in accordance with CUP 2018-00018/DR 2018-00026,
or is found to be a nuisance or negative impacts are affecting the
surrounding tenants or neighborhood, the Community Development
Director shall impose additional conditions or the applicant may be required
to implement other measures to eliminate the nuisance or negative impacts,
or may initiate proceedings to revoke CUP 2018-00018/DR 2018-00026.
Failure to comply with conditions of approval, or if the establishment
creates undue burden to City resources, or if the CUP is abandoned for
a twelve (12) month period, these circumstances shall be grounds for
revocation of the CUP.
(1) 1.6 Any transfer of ownership of the establishment and/or operator shall
require the new owner and/or operator to sign and return an "Agreement
to Conditions Imposed" form provided by the Community Development
Department. Failure to do so would be a basis for revocation proceeding.
(1) 1.7 Any violation of any of the conditions imposed is subject to the issuance of
an Administrative Citation pursuant to TCC Section 1162(a).
(1) 1.8 As a condition of approval of CUP 2018-00018/DR 2018-00026, the
applicant shall agree, at its sole cost and expense, to defend, indemnify,
and hold harmless the City, its officers, employees, agents, and consultants,
from any claim, action, or proceeding brought by a third -party against the
City, its officers, agents, and employees, which seeks to attack, set aside,
challenge, void, or annul an approval of the City Council, the Planning
Commission, or any other decision-making body, including staff, concerning
this project. The City agrees to promptly notify the applicants of any such
claim or action filed against the City and to fully cooperate in the defense of
any such action. The City may, at its sole cost and expense, elect to
participate in defense of any such action under this condition.
(1) 1.9 The applicant shall be responsible for costs associated with any necessary
code enforcement action, including attorney's fees, subject to the applicable
notice, hearing, and appeal process as established by the City Council by
ordinance.
(1) 1.10 All on-site signs shall comply with the City's Sign Code. Prior to the
issuance of a sign permit, the applicant must apply for a Master Sign
1446918.1
Exhibit A
Resolution No. 19-39
Page 3
Program for the property. Any proposed painted wall signs, including murals
or graphics to be added to the building or pump areas shall require a
separate approval of a CUP.
(1) 1.11 All final exterior colors and materials shall be subject to review and
approval of the Community Development Department and final field
inspection by the Planning Division. Colors, materials and textures shall
be noted on the construction plans.
(1) 1.12 The applicant shall obtain approval from the South Coast Air Quality
Management District (SCAQMD) prior to the issuance of the building or
grading permit. The applicant shall comply with all District regulations and
shall acquire an Authority to Construct (ATC) and Permit to Operate
(PTO).
(1) 1.13 The applicant shall comply with all applicable Federal laws and
regulations, which includes adherence to the Federal Migratory Bird
Treaty Act and the California State Fish and Game Code.
(1) 1.14 Any noise generated by the proposed gasoline station, including any
noise associated with construction, shall comply with the City's Noise
Ordinance and General Plan Noise Element.
LANDSCAPING
(1) 1.15 All proposed landscaping and irrigation plans shall comply with the
approved plans and with the City's Water Efficiency Landscape Ordinance.
A Landscape Installation Certificate of Completion, certifying that the
landscaping was installed in accordance with the approved plans, shall be
submitted to the City prior to the final inspections by Building and Planning
Divisions.
(1) 1.16 An irrigation plan should be provided which shows the location and control
of backflow prevention devices at the meter, pipe size, sprinkler type,
spacing, and coverage details for all equipment. Install efficient irrigation
systems which minimize runoff and evaporation and maximize the amount
of water which will reach the plant roots. Drip irrigation, soil moisture
sensors, and automatic irrigation systems are a few methods of increasing
irrigation efficiency.
(1) 1.17 Backflow devices and double detector checks shall be painted to match
surrounding landscaping when in planters or painted to match the building
1446918.1
Exhibit A
Resolution No. 19-39
Page 4
when located adjacent to the building. Landscaping shall be utilized to
screen the devices whenever possible.
(1) 1.18 All plant materials shall be installed in a healthy and vigorous condition,
typical to the species, and shall be maintained in a neat and healthy
condition. Maintenance includes, but is not limited to, trimming, mowing,
weeding, removal of litter, fertilizing, regular watering, and replacement of
dead or diseased dying plants.
(***) 1.19 Additional landscape screening shall be provided at the southeast corner of
the Costco property (adjacent to the EI Modena -Tustin Channel) to screen
the proposed controller enclosure and clean air separator.
MISCELLANEOUS
(1) 1.20 Adequate lighting shall be provided to illuminate the fueling area, subject to
Community Development Department review and approval. Said lighting
shall meet requirements set forth in the Building Security and California Fire
Codes.
(1) 1.21 Fire and Police access and passage shall be permitted at all times.
(***) 1.22 An additional emergency accessway shall be provided for Police and Fire
personnel off of EI Camino Real on the west side of the existing County
of Orange Flood Control Channel.
(1) 1.23 "No Loitering" signage shall be posted on the site
(1) 1.24 Outdoor vending activities are prohibited.
(1) 1.25 All utility services serving the site shall be installed and maintained
underground.
USE RESTRICTIONS
(1) 2.1 Business hours are limited to the following:
Monday — Friday: 5:30 a.m. to 9:30 p.m.
Saturday: 6:00 a.m. to 8:00 p.m.
Sunday 6:00 a.m. to 7:30 p.m.
1446918.1
Exhibit A
Resolution No. 19-39
Page 5
Hours or operation may be modified by the Director of Community
Development if it is determined that no impacts to surrounding tenants or
properties will occur.
(1) 2.2 Business operations shall be conducted in a manner that does not create a
public or private nuisance. Any such nuisance must be abated immediately
upon notice by the City.
(1) 2.3 No outdoor storage is permitted or display of materials shall be permitted
except allowed by the TCC.
(1) 2.4 Storage and/or advertising of vehicles for sale or lease is not permitted.
(1) 2.5 If water and air are to be provided to customers, then it shall be made
available at no cost and for twenty-four (24) hours per day, seven (7) days
per week.
(1) 2.6 The subject property shall be maintained in a safe, clean and sanitary
condition at all times. The property owners shall be responsible for the daily
maintenance and up -keep of the businesses, including but not limited to
trash removal, painting, graffiti removal, and maintenance of improvements
to ensure that the facilities are maintained in a neat and attractive manner.
Any graffiti painted or marked upon the premises or any adjacent area
under control of the property owner or the business shall be removed or
painted within 24 hours of being applied.
(1) 2.7 All litter shall be removed from the exterior areas around the premises
including public sidewalk areas, alleys and parking areas, no less frequently
than once each day.
(1) 2.8 Costco shall provide daily security patrols of the parking lot during
operation of the gasoline station.
(1) 2.9 Costco employees shall return all shopping carts to the Costco shopping
cart receptacles at the end of each business day. Shopping carts shall
not be "parked" in parking spaces overnight.
(1) 2.10 To avoid conflict between fueling trucks and vehicle queues, fuel
deliveries shall be limited to 1-2 delivers during peak hours of operation.
Additional fuels deliveries shall take place during non -peak hours.
1446918.1
Exhibit A
Resolution No. 19-39
Page 6
TRAFFIC. PARKING AND CIRCULATION
(***) 2.11 Retractable bollards shall be installed within the northbound right-hand turn
lane (within shopping center off Auto Center Drive and EI Camino Real) to
the gas station/re- fueling area as part of the queue management plan. Use
of bollards may be necessary during peak times, per the approved plan.
(***) 2.12 In addition to the queue management plan contained within the Final Traffic
Analysis date stamped April 17, 2019, the applicant, at a minimum, shall
provide three (3) traffic attendants during peak periods; 1-2 attendants
directing cars to a queue lane and 1-2 attendants near the pump entrance
directing cars to a fueling position. The third attendant shall be a floater
depending on the need and could either be placed near the pumps or at the
front of the queue lanes.
In addition, there shall be one (1) individual staffed at the station during all
open business hours. Said individual shall manage the overall operations
for the gas station.
(***) 2.13 The 36 parking spaces in the first row directly north of the proposed gas
station, 72 parking spaces in the second row and the 13 parking spaces
along the east property line adjacent to the EI Modena -Tustin Channel shall
be restricted to employee parking only.
(***) 2.14 The words "KEEP CLEAR" shall be painted in large capitalized letters onto
the pavement of the parking lot adjacent to the vehicular exit from the gas
station per the approved plans. Said signage shall help to maintain an
unobstructed opening adjacent to the gas station and allow for vehicles
entering and exiting from the fueling area.
(***) 2.15 A five (5) foot wide access stair shall be installed within the existing block
wall along the south property line nearest the gas station adjacent to EI
Camino Real. Said access stair will allow for emergency access (i.e. hose
pull) by the Orange County Fire Authority (OCFA) in the event of an
emergency.
(***) 2.16 If, in the future, the City's Community Development Director, Police Chief
and/or Public Works Department determine that a parking or traffic queuing
problem exists on the site or in the vicinity as a result of the facility, the
Community Development Director, Police Chief, and/or Public Works
Department may require the applicant to prepare a parking demand
1446918.1
Exhibit A
Resolution No. 19-39
Page 7
analysis or traffic study queuing analysis and the applicant shall be required
to provide measures to alleviate the problem. Said measures shall be
reviewed and approved by the Community Development Department,
Police Chief, and/or Public Works Department.
(***) 2.17 Per the approved plans, the applicant shall install a westbound right turn
lane along EI Camino Real into the Costco Warehouse parking lot at the
intersection of Auto Center Drive and EI Camino Real. A second
designated right turn lane shall be installed on the site to funnel vehicles
into the Costco Gasoline fueling area. Final lane striping plans for EI
Camino Real shall be subject to the review and approval of the Public
Works/Engineering Division.
(***) 2.18 Following demolition of the Goodyear Tire Center building, the new
parking lot shall be restriped in accordance with TCC Section 9266.
PLANCHECK SUBMITTAL
(1) 3.1 At the time of building or encroachment permit application, the plans shall
comply with the latest edition of the codes, City Ordinances, State, Federal
laws, and regulations as adopted by the City Council of the City of Tustin.
(1) 3.2 Prior to issuance of any permits, the applicant shall submit for approval
by the Community Development and Public Works Departments, a Water
Quality Management Plan (WQMP). If the WQMP has been determined
to be a Priority WQMP, it shall identify Low Impact Development (LID)
principles and Best Management Practices (BMPs) that will be used on-
site to retain storm water and treat predictable pollutant run-off. The
Priority WQMP shall identify: the implementation of BMPs, the
assignment of long-term maintenance responsibilities (specifying the
developer, parcel owner, maintenance association, lessees, etc.), and
reference to the location(s) of structural BMPs.
(1) 3.3 Prior to submittal of a Water Quality Management Plan (WQMP), the
applicant shall submit a deposit of $2,700.00 to the Public Works
Department for the estimated cost of reviewing the WQMP.
1446918.1
Exhibit A
Resolution No. 19-39
Page 8
(1) 3.4 Prior to issuance of any permits, the applicant shall record "Covenant and
Agreement Regarding O & M Plan to Fund and Maintain Water Quality
BMPs, Consent to Inspect, and Indemnification" with the County Clerk -
Recorder. This document shall bind current and future owner(s) of the
property regarding implementation and maintenance of the structural and
non-structural BMPs as specified in the approved WQMP.
(1) 3.5 Prior to any work in the public right-of-way, an Encroachment Permit shall
be obtained from and applicable fees paid to the Public Works Department.
(1) 3.6 Prior to issuance of an Encroachment Permit, the applicant shall submit
to the Public Works Department 24" x 36" reproducible street
improvement plans, as prepared by a California Registered Civil
Engineer, for approval. The plans shall clearly show existing and
proposed surface and underground improvements, including
construction, restriping of EI Camino Real to accommodate a dedicated
westbound right -turn lane, and/or replacement of any missing or
damaged public improvements adjacent to this development.
(1) 3.7 Prior to issuance of an Encroachment Permit for construction within the
public right-of-way, a 24" x 36" construction area traffic control plan, as
prepared by a California Registered Traffic Engineer, or Civil Engineer
experienced in this type of plan preparation, shall be prepared and
submitted to the Public Works Department for approval.
(1) 3.8 Current Federal Americans with Disabilities Act (ADA) requirements shall
be met at all driveways and sidewalks adjacent to the site. City of Tustin
standards shall apply, unless otherwise approved by the City Engineer.
(1) 3.9 Prior to issuance of a Building Permit, the applicant shall submit an
underground storage tank plan to the Orange County Fire Authority
(OCFA) for review and approval.
(1) 3.10 In accordance with City policies, the developer shall post security for the
grading permit in an amount to be determined by the Building Official.
The required amount must include items relating to hazardous conditions
such as erosion and air/dust control, the cost of completing any
Mechanically -Stabilized Earth (MSE) walls, provisions for landscaping as
relating to slope stability, compliance with approved landscape plans, and
contingency funds which must include an allowance for site maintenance.
1446918.1
Exhibit A
Resolution No. 19-39
Page 9
(1) 3.11 The developer shall submit a complete hydrology and hydraulic study
(including off-site areas affecting the development), prepared by a
California -registered professional civil engineer, consistent with the use
of the criteria of the Orange County Hydrology Manual, to the City
Building Official for review and approval. The study shall be consistent
with the study submitted during the entitlement review process. The
study report shall determine potential storm water runoff rates and peak
flows for the City of Tustin and County of Orange design storms. Enough
detail shall be provided to develop the existing conditions and proposed
project conditions potential hydrograph and timing of peak flows. The
study report shall demonstrate that the effect of storm water discharge to
any City-, County-, or Other Agency -owned drainage or flood control
facility as mitigated shall be designed and implemented to prevent post -
construction storm flows from exceeding pre -construction volumes and
rates.
(1) 3.12 The developer shall submit storm drain plans, prepared by a California
registered professional civil engineer, depicting proposed storm drain
improvements for the project. All storm drain improvements shall comply
with the City of Tustin Construction Standards for Private Streets, Storm
Drain and On -Site Private Improvements Manual and the Orange County
Local Drainage Manual.
(1) 3.13 The developer shall submit precise grading plans, prepared by a
California registered professional civil engineer, depicting proposed
grading, erosion control and improvements for the project. All plans and
design shall comply with the City of Tustin Grading Manual and
requirements.
(1) 3.14 Prior to approval of the final design plans and issuance of a grading
permit, the developer shall conduct a site-specific geotechnical
investigation for the entire site and prepare a report that fully assesses
the geologic and soil conditions of the site. As part of the report
preparation, soil sampling and any geotechnical testing will be completed
at each location where structures are to be erected. The report shall
provide grading and structural design recommendations for avoiding
liquefaction, subsidence or collapse for each of the proposed structures.
The recommendations shall be included in the plans submitted to the
City.
(1) 3.16 Construction and Demolition Waste Recycling and Reduction Plan
(WRRP).
1446918.1
Exhibit A
Resolution No. 19-39
Page 10
a. The applicant/contractor is required to submit a WRRP to the Public
Works Department. The WRRP must indicate how the applicant will
comply with the City's requirement (City Code Section 4351, et al) to
recycle at least 65% of the project waste material or the amount
required by the California Green Building Standards Code.
b. The applicant will be required to submit a fifty -dollar $50.00
application fee and a cash security deposit. Based on the review of
the submitted Waste Management Plan, the cash security deposit in
the amount of five (5) percent of the project's valuation as determined
by the Building Official, rounded to the nearest thousand. The deposit
amount will be collected in accordance with the TCC.
c. Prior to issuance of a permit, the applicant shall submit the required
security deposit in the form of cash, cashier's check, personal check,
or money order made payable to the "City of Tustin".
(1) 3.17 Any damage done to existing public right-of-way improvements and/or
utilities shall be repaired to the satisfaction of the City Engineer before final
inspection.
(1) 3.18 The applicant is responsible for all costs related to the installation,
upgrade, alteration, relocation or abandonment of all existing City of
Tustin public water facilities affected by the proposed project.
FEES
(1) 4.1 Within forty-eight (48) hours of approval of the subject project, the applicant
shall deliver to the Community Development Department, a cashier's
check payable to the COUNTY CLERK in the amount of fifty dollars
($50.00) to enable the City to file the appropriate environmental
documentation for the project. If within such forty-eight (48) hour period the
applicant has not delivered to the Community Development Department the
above -noted check, the statute of limitations for any interested party to
challenge the environmental determination under the provisions of the
California Environmental Quality Act could be significantly lengthened.
(1) 4.2 Prior to issuance of a Building Permit(s), payment of the most current
Major Thoroughfare and Bridge Fees (for the Foothill/Eastern
Transportation Corridor Agency (TCA)) to the City of Tustin (through the
Public Works Department) shall be required. The fee rate schedule
automatically increases on July 1St of each year.
1446918.1
Exhibit A
Resolution No. 19-39
Page 11
(1) 4.3 The applicant shall pay are required fees to the City or the respective
outside agency prior to the issuance of building permits.
1446918.1