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HomeMy WebLinkAbout02 PC REPORT 7-ELEVEN DocuSign Envelope ID: 137ADA7D-51 F5-44131-AC98-B5AA94C5CA57 • ITEM 42 AGENDA REPORT MEETING DATE: DECEMBER 22, 2020 TO: PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: DESIGN REVIEW 2019-00016, CONDITIONAL USE PERMIT 2019-00017, CONDITIONAL USE PERMIT 2019-00018, CONDITIONAL USE PERMIT 2020-0017, AND LOT LINE ADJUSTMENT 2020-0001 APPLICANT: PETER GONZALEZ 7-ELEVEN, INC. 330 EAST LAMBERT ROAD BREA, CA 91403 PROPERTY ERIK S. GULFIN JOSH GOLCHEH OWNERS: 7-ELEVEN, INC. GOLCHEH DEVELOPMENT AND 1722 ROUTH STREET INVESTMENTS, LLC DALLAS, TEXAS 75201 1100 GLENDON AVENUE, SUITE 1719 LOS ANGELES, CA 90024 LOCATION: 16791 MCFADDEN AVENUE & 16801 MCFADDEN AVENUE GENERAL PLAN: COMMUNITY COMMERCIAL (CC) ZONING: RETAIL COMMERCIAL (Cl) WITH COMBINING PARKING OVERLAY (P) I I DocuSign Envelope ID: 137ADA7D-51 F5-44131-AC98-B5AA94C5CA57 PC Report December 22, 2020 DR 2019-00016, CUP 2019-00017, CUP 2019-00018, CUP 2020-0017, LLA 2020-0001 Page 2 REQUEST: 1. DESIGN REVIEW (DR) 2019-00016 & CUP (CUP) 2019- 00017: DEMOLITION OF AN EXISTING COMMERCIAL BUILDING AND CONSTRUCTION OF A CONVENIENCE STORE WITH A SIX (6) ISLAND/TWELVE (12) PUMP SERVICE STATION. 2. CUP 2019-00018: TO AUTHORIZE THE SALE OF OFF- SITE ALCOHOLIC BEVERAGES IN CONJUNCTION WITH A CONVENIENCE STORE. 3. CUP 2020-00017: TO AUTHORIZE SHARED PARKING BETWEEN LOTS THROUGH JOINT-USE PARKING. 4. LOT LINE ADJUSTMENT (LLA): TO CONSOLIDATE FOUR (4) PARCELS INTO ONE (1) PARCEL. ENVIRONMENTAL: THIS PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) SECTIONS 15332, CLASS 32. RECOMMENDATION: That the Planning Commission: 1 . Adopt Resolution No. 4414, approving DR 2019-00016, CUP 2019-00017, CUP 2020-0017, and LLA 2020-0001 to consolidate four (4) parcels into one (1) parcel to establish a convenience store with a six (6) island/twelve (12) pump service station and authorize shared parking between lots through joint-use parking. 2. Adopt Resolution No. 4415, approving CUP 2019-00018 to authorize the sale of off-site alcoholic beverages in conjunction with a convenience store. APPROVAL AUTHORITY: The project site is located within the Retail Commercial (Cl) with Combining Parking (P) zoning district. The C1 zoning district permits convenience stores, service stations, and off- site alcoholic beverage sales establishments subject to the approval of a CUP. Pursuant to Tustin City Code (TCC) Section 9291 c, the Planning Commission has the authority to review and take action on CUPs for the establishment of off-site alcoholic beverage sales in conjunction with a convenience store and the reduction of off-street parking requirements. DocuSign Envelope ID: 137ADA7D-51 F5-44131-AC98-B5AA94C5CA57 PC Report December 22, 2020 DR 2019-00016, CUP 2019-00017, CUP 2019-00018, CUP 2020-0017, LLA 2020-0001 Page 3 BACKGROUND: 7-Eleven, Inc. was established over ninety (90) years ago and is a multinational corporation with over 8,500 stores within the United States and Canada. In addition, there are over 70,000 7-Eleven owned or operated convenience stores worldwide. The 7- Eleven business model includes operating, franchising, and licensing convenience stores. The proposed relocated 7-Eleven will be a corporate owned and operated facility. 7-Eleven is best known for its proprietary products which include the Slurpee, Big Gulp, and various other food and beverage products. TCC Sections 9232b2., 9232b10., and 9232b25. require approval of a CUP prior to establishment of a convenience store, service station, and off-site alcoholic beverage sales establishments. TCC Section 9297 defines convenience store as any establishment under 15,000 square feet in size where food, beverage, magazine, and auto-related items, or any combination thereof, are sold for off-site use and/or consumption. Project Site and Surrounding Uses The project is proposed on a 47,327-square-foot site on two (2) adjacent lots at 16791 and 16801 McFadden Avenue with reciprocal access to a small commercial center to the north (Figure 1). Existing at 16791 McFadden Avenue is a 5,500-square-foot, two (2) tenant commercial building comprised of an existing 7-Eleven convenience store and laundromat. Existing at 16801 McFadden Avenue is an approximately 26,000-square-foot vacant property. The site was previously occupied by a fueling station-, however, it has been vacant since 1994. In past years, the property has received numerous Temporary Use Permits (TUP) to provide temporary overflow employee parking during busy times of the year (i.e. Christmas, Mother's Day, etc.) for The Jewelry Exchange at 15732 Tustin Village Way. �r Iv w j ii 16791 McFadden Avenue& i' F - 168A1 McFadden Avenue i h � - Figure 1 —Aerial Map DocuSign Envelope ID: 137ADA7D-51 F5-44131-AC98-B5AA94C5CA57 PC Report December 22, 2020 DR 2019-00016, CUP 2019-00017, CUP 2019-00018, CUP 2020-0017, LLA 2020-0001 Page 4 The project site is located near the western border of the City and is located on the northwest corner of the intersection of McFadden Avenue and Tustin Village Way. Commercial uses are found to the north, south, and east of the project site, while multiple family residential uses are immediately to the west of the site. PROJECT DESCRIPTION: 7-Eleven, Inc. is proposing to operate a 24-hour convenience store with the sale of off-site beer and wine, a six (6) island/twelve (12) pump service station, and surface parking (Figure 2). The proposed convenience store would be 4,212 square feet in size and would be located at the southeast corner of the project site. The proposed 3,096-square-foot fueling canopy, located next to the convenience store, would accommodate twelve (12)fuel dispensers. A total of thirty- three (33) parking spaces would be provided by the project. The proposed operation would be accessible from four (4) routes- two (2) driveway entrances off McFadden Avenue, one (1) driveway entrance off Tustin Village Way, and the drive aisle through the commercial shopping center to the north. The project would also provide for a new trash enclosure and landscaping, and sufficient lighting. i y I i >� & i r � 0 v v 0 F I I o pB McFadden Ave -------------------------•—•-----------------------------------j- Figure 2—Proposed Site Plan DocuSign Envelope ID: 137ADA7D-51 F5-44131-AC98-B5AA94C5CA57 PC Report December 22, 2020 DR 2019-00016, CUP 2019-00017, CUP 2019-00018, CUP 2020-0017, LLA 2020-0001 Page 5 ANALYSIS: Design Review The proposed convenience store would be located on the southeast corner of the project site with the pedestrian entrance internal to the site, facing to the west (Figure 3). The proposed building would be constructed with an overall height of twenty-six (26) feet, and would be comprised of patterned smooth stucco concrete walls with stone veneer at the base-, aluminum framed entry windows-, cantilevered metal canopies-, and a cornice along the top of the building. Materials such as the smooth stucco finish and stone veneer are carried through the project on the fueling canopy and trash enclosure. y , a 11 D L . R� Figure 3—Proposed West and South Elevations The fueling canopy would be located in the center of the project site and be constructed at an overall height of seventeen-and-a-half (17.5) feet. The proposed fueling canopy is proportionately sized to the site and incorporates decorative stone veneer on the lower end of the columns (Figure 4). FFIMA ' 1-FI CYLtI I r r Figure 4—Proposed Canopy North Elevation Lighting would be incorporated throughout the site, around the perimeter of the property, as well as on the convenience store and the fuel canopy. The project site would be equipped with security cameras to monitor all doors, public areas of the premises, and parking areas. The storefront windows would be free from any obstructions, and no advertising of alcohol would be visible from the exterior of the building. DocuSign Envelope ID: 137ADA7D-51 F5-44131-AC98-B5AA94C5CA57 PC Report December 22, 2020 DR 2019-00016, CUP 2019-00017, CUP 2019-00018, CUP 2020-0017, LLA 2020-0001 Page 6 The proposed project would feature 8,047 square feet of landscaping, including perimeter landscaping along the parking area. A landscape area that is fifteen (15) feet in depth is proposed to be provided along McFadden Avenue and Tustin Village Way In summary, the proposed project meets the applicable development standards of the C1 zoning district. The project also provides a building design and orientation similar to existing service stations with convenience store locations in the area. 24-Hour Convenience Store 7-Eleven, Inc. is proposing to operate a 24-hour convenience store within a new 4,212-square- foot building. The 7-Eleven business model operates convenience stores twenty-four (24) hours a day, seven (7)days a week unless otherwise restricted by local ordinance or conditional use permit. There are five (5) existing 7-Eleven convenience stores within the City of Tustin that all operate twenty-four (24) hours a day, seven (7) days a week; and four(4)that have ABC Type 20 licenses for the sale of beer and wine for off-site consumption. Off-site Alcoholic Beverages Sales in Conjunction with a Convenience Store The existing 7-Eleven convenience store establishment has a Type 20 (Beer and Wine) license with the Department of Alcoholic Beverage Control. As part of the proposal, the applicant is requesting to transfer the existing license on-site through the demolition and construction of a new convenience store. TCC Section 9232b2 lists alcoholic beverage sales establishments as a conditionally permitted use. Additionally, the City of Tustin Alcoholic Beverage Sales Establishment Guidelines specify that applicants requesting approval for the off-site sales of alcoholic beverages shall obtain a conditional use permit issued by the Zoning Administrator or Planning Commission. These Guidelines establish distancing requirements for off-site sales establishments of 1 ,000 feet from any public or private school (K-12). The proposed sales establishment meets all of the distancing requirements for off-site sales. Upon review, the nearest school- Robert Heideman Elementary School is located more than 1,400 feet away from the proposed convenience store, within which the off-site sale of alcoholic beverages is proposed. The applicant is required to apply for a Type 20 license (Off-Sale Beer and Wine), premises-to-premises transfer with the Department of Alcoholic Beverage Control. Security As convenience stores are often a common target of theft, 7-Eleven, Inc., in coordination with the Tustin Police Department (TPD), has utilized site specific measures to discourage theft, promote a safe environment, and provide on-site tools to assist TPD as needed. DocuSign Envelope ID: 137ADA7D-51 F5-44131-AC98-B5AA94C5CA57 PC Report December 22, 2020 DR 2019-00016, CUP 2019-00017, CUP 2019-00018, CUP 2020-0017, LLA 2020-0001 Page 7 The City of Tustin Alcoholic Beverage Sales Establishment Guidelines will be followed to ensure responsible methods for the sale of off-site alcoholic beverages. In accordance with these guidelines, the business owner or manager will be required to maintain a written security policy and procedures manual, for review and approval by TPD, which will include best practices for accurately verifying the age of patrons and include a video surveillance plan. A video surveillance system shall be installed to monitor all doors, public areas of the premises and parking areas, and store employees shall make the video available to TPD on-scene and by request. Additionally, all beverage cooler doors within the convenience store will be installed with a remote locking system, which may be utilized by store employees. Additional security measures include: well-illuminated fueling areas, transparent windows and doors on the west building elevation, and reinforced block walls along the west and north elevations. The project incorporates security measures in the design layout and through operations to promote a harmonious and safe environment. Joint-Use Parking Pursuant to TCC Section 9263g, the off-street parking requirements for a convenience store service station are as follows: • For a convenience store- one (1) space for each 250 square feet of gross floor area resulting in the requirement of seventeen (17) parking spaces; and • For a service station-one (1)space for each pump island resulting in the requirement of six (6) parking spaces. Per TCC Section 9263g, the proposed convenience store and service station would require a total of twenty-three (23) on-site parking spaces. The project site would provide thirty- three (33) parking spaces; however, twenty (20) parking spaces are committed as part of a non-exclusive parking easement agreement to The Jewelry Exchange (15732 Tustin Village Way) for seasonal overflow parking, which is located across Tustin Village Way from the project site. In the past, TUPs have been issued for the vacant property to provide temporary overflow employee parking during busy times of the year. With the proposed 7-Eleven project, the applicant would accommodate the seasonal overflow parking through a parking agreement to provide twenty (20) parking spaces at the 7-Eleven project site. As such, there is a deficit of ten (10) parking spaces based on the requirements presented in the TCC. For this reason, the applicant has requested a reduction in the required number of parking spaces for the property through joint-use parking. Requests for joint-use parking shall be accompanied by a parking study prepared by a California licensed traffic engineer or civil engineer and shall be submitted by the applicant demonstrating that no substantial conflict will exist in the peak hours of parking demand for the uses for which joint-use is proposed. Since only thirteen (13) parking spaces are available solely for use by the proposed convenience store and service station during the holiday season, a Parking Demand DocuSign Envelope ID: 137ADA7D-51 F5-44131-AC98-B5AA94C5CA57 PC Report December 22, 2020 DR 2019-00016, CUP 2019-00017, CUP 2019-00018, CUP 2020-0017, LLA 2020-0001 Page 8 Analysis was prepared by Linscott Law & Greenspan for the proposed project (Attachment C). A parking supply-demand analysis was conducted at the subject property to determine the expected parking needs based on the parking demand of similar sites and the twenty (20) parking space easement agreement for seasonal overflow parking. The basis of the shared parking calculations rationalizes that different uses often experience individual peak parking demands at different times of the day, or days of the week. The total number of parking spaces to support both the project site and The Jewelry Exchange peak overflow parking is determined by adding parking profiles. The peak demand hours for a typical 7-Eleven convenience store with a service station are different than for retail uses (The Jewelry Exchange). Per the parking supply-demand analysis, the peak parking requirement for the 7-Eleven project and the seasonal overflow parking for The Jewelry Exchange totals twenty-seven (27) parking spaces. With a proposed on-site parking supply of thirty-three (33) parking spaces, a parking surplus of six (6) parking spaces was forecast for the site. Therefore, the Parking Demand Analysis finds that adequate parking is available and no substantial conflict will exist in the parking demand for the proposed convenience store and service station and the season overflow parking for The Jewelry Exchange at 15732 Tustin Way. The City's Traffic Engineer has reviewed and accepted the Parking Study for methodology and accuracy and, based on the number of employees and clients projected, the site would be adequately parked for the proposed convenience store and service station and the season overflow parking for The Jewelry Exchange at 15732 Tustin Way. Lot Line Adjustment LLA 2020-0001 is a proposal to remove the common interior property lines among four (4) parcels (APNs: 402-301-05, 402-301-06, 402-301-07, and 402-301-08) on the subject property for the purpose of merging the four (4) parcels into a single parcel. Parcels 5 and 6 are presently under the ownership of Golcheh Development and Investments, LLC, and the remaining two parcels (7 and 8) are under ownership of 7-Eleven, Inc (Figure 5). The owners will not remain as joint owners. 7-Eleven, Inc. intends to sell parcels 7 and 8 to Golcheh Development and Investments, LLC at full operation of the proposed entitlement. DocuSign Envelope ID: 137ADA7D-51 F5-44131-AC98-B5AA94C5CA57 PC Report December 22, 2020 DR 2019-00016, CUP 2019-00017, CUP 2019-00018, CUP 2020-0017, LLA 2020-0001 Page 9 STAFFORD AND TUSHN AuP. . 0.149 1.9.110 A". AC. 3.Q C. a.zra Aa. r Q +J Y;� i� t� I` (DY,,, G c d rRACT :±'pEN — AVENUE Figure 5—Map 402-301 As part of the approval and recordation of the lot line adjustment application, the portion of Parcel 6 that encroaches into McFadden Avenue will be rededicated in fee so that the distinctive border of the property aligns with the right-of-way. Additionally, the existing easement providing access to the commercial shopping center to the north, will be realigned to avoid conflict with the proposed fuel canopy. A new instrument will be prepared concurrently with the processing of the lot line adjustment showing a new alignment for the easement. Condition No. 5.1 of Resolution No. 4414 requires the applicant to record a new deed reflecting LLA 2020-0001, concurrent with recording the subject LLA, with the Recorder's Office of Orange County, California prior to permit issuance. ENVIRONMENTAL: This project is categorically exempt from further environmental review pursuant to the California Environmental Quality Act (CEQA) Section 15332, Class 32, "In-Fill Development Projects" in that the project serves as an in-fill development project on a site that is less than five (5) acres and substantially surrounded by urban uses. CONCLUSION: As proposed, the project meets the applicable development standards set forth in the C1/P zoning district. Analysis of DR 2019-00016 has determined that the location, size, architectural features, and general appearance of the proposal will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole. LLA 2020-0001 is consistent with the Subdivision Map Act and the City's Subdivision Ordinance. CUP 2019-00017, CUP 2019-00018, and CUP 2020-0017 are consistent with the TCC. Findings to support the request have been included in both Resolution Nos. 4414 and 4415. Accordingly, staff recommends that the Planning Commission approve the proposed project. DocuSign Envelope ID: 137ADA7D-51 F5-44131-AC98-B5AA94C5CA57 PC Report December 22, 2020 DR 2019-00016, CUP 2019-00017, CUP 2019-00018, CUP 2020-0017, LLA 2020-0001 Page 10 5DocuSigned by: DocuSigned by: 'sSi(A Q�Ui�aV � � . In�i,Q,Q,Jc6w. 815AASC8D70F417... ED45DA2623B54A5... Jessica Aguilar Justina L. Willkom Associate Planner Community Development Director Attachments: A. Location Map B. Land Use Fact Sheet C. Parking Demand Analysis D. Lot Line Adjustment 2020-0001 E. Submitted Plans F. Resolution No. 4414— DR 2019-00016, CUP 2019-00017, CUP 2020-0017, & LLA 2020-0001 G. Resolution No. 4415— CUP 2019-00018 ATTACHMENT A LOCATION MAP 300-foot, 500-foot, and 1,000-foot Radius Map I 4 r 1,000 feet 500 feet 300 feet � � e �r i r ynq Location Map 16791 and 16801 McFadden Avenue DR 2019-00016,CUP 2019-00017, CUP 2019-00018, CUP 2020-0017, LLA 2020-0001 ATTACHMENT B LAND USE FACT SHEET LAND USE FACT SHEET 1. LAND USE APPLICATION NUMBER(S): DESIGN REVIEW (DR) 2019-00016, CONDITIONAL USE PERMIT (CUP) 2019-00017, CUP 2019-00017, CUP 2020-0017, LOT LINE ADJUSTMENT (LLA) 2020-0001 2. LOCATION: NORTHWEST SIDE OF MCFADDEN AVENUE 3. ADDRESS: 16791 MCFADDEN AVENUE AND 16801 MCFADDEN AVENUE 4. APN(S): 402-301-05, 402-301-06, 402-301-07, AND 402-301-08 5. PREVIOUS OR CONCURRENT APPLICATIONS RELATING TO THIS PROPERTY: DP 73-391 (CANOPY), DR 88-26 (CURB CUT), CUP 92-007 (SOIL REMEDIATION), CUP 95- 015 (NEW FASCIA AND SIGN), CUP 04-030 AND DR 04-031 (OFF-SITE PARKING LOT) 6. SURROUNDING LAND USES AND ZONING DESIGNATIONS: NORTH: RETAIL COMMERCIAL-PARKING OVERLAY (C1-P) EAST: C1-P SOUTH: OUTSIDE CITY LIMITS (SANTA ANA) WEST: MULTIPLE FAMILY RESIDENTIAL (R3) 7. SURROUNDING GENERAL PLAN DESIGNATIONS: NORTH: COMMUNITY COMMERCIAL (CC) EAST: CC SOUTH: OUTSIDE CITY LIMITS (SANTA ANA) WEST: HIGH DENSITY RESIDENTIAL (HDR) 8. SITE LAND USE: A. EXISTING: COMMERCIAL AND VACANT PROPOSED: NO CHANGE B. ZONING: C1-P PROPOSED: NO CHANGE C. GENERAL PLAN: CC PROPOSED: NO CHANGE DEVELOPMENT FACTS: 9. LOT AREA(COMBINED): 47,327 SQUARE FEET/1.09 ACRES 10. BUILDING SIZE: EXISTING: 5,500 SQUARE FEET PROPOSED: 3,045 SQUARE FEET 11. MAX. BUILDING LOT COVERAGE: PERMITTED: N/A PROPOSED: 8.90% 12. PARKI NG: PARKING RATIO PARKING SPACES REQUIRED SERVICE STATION One (1) space for each 6 spaces pump island, plus 4 spaces for each service bay, plus additional spaces for accessory uses CONVENIENCE STORE 17 spaces One (1) space per 250 square feet Total Parking Required: 23 Spaces Total Parking Provided: 33 Spaces* *20 parking spaces committed to The Jewelry Exchange at 15732 Tustin Village Way. 13. BUILDING HEIGHT: 35 feet MAX. PERMITTED 26 feet PROPOSED 14. BUILDING SETBACKS: REQUIRED PROPOSED STREET/FRONT: 25 feet 25 feet STREET-SIDE: NONE 20 feet INTERIOR-SIDE: 10 feet 192 feet 4 inches REAR: NONE 75 feet 15. TENANT IMPROVEMENTS: B00-0912 (CHAIN LINK FENCE), E2011-0041 AND E2011-0069 (ELECTRICAL UPGRADE), E 2016-0071 (ELECTRICAL UPGRADE), AND C2016-0432 (REMODEL) 16. OTHER UNIQUE CONDITIONS ASSOCIATED TO THE PROPERTY (I.E. SPECIAL STUDY ZONES, EASEMENTS, ETC.): ATTACHMENT C PARKING DEMAND ANALYSIS LINSCOTT GREENSPAN June 15, 2020 Engineers&Planners Traffic Transportation Parking Mr. Adan Madrid ASI Development Linscott,Law& 5932 Bolsa Avenue, Suite 107 Greenspan,Engineers Huntington Beach, CA 92649 2Executive Circle Suite 250 LLG Reference No. 2.20.4268.1 Irvine,CA 92614 949.825.6175 T 949.825.6173 F Subject: Parking Demand Analysis for the Proposed 7-Eleven Project at www.Ilgengineers.com 16791 McFadden Avenue- Tustin,California Conditional Use Permit 2019-0001 and 2019-00018 Pasadena Design Review 2019-00016 Irvine San Diego Woodland Hills Dear Mr. Madrid: As requested, Linscott, Law, & Greenspan, Engineers (LLG) is pleased to submit this Parking Demand Analysis for the proposed 7-Eleven Project. The proposed Project will consist of constructing a 4,212 square-foot (SF) 7-Eleven convenience store with six (6) gasoline pump islands (12 gasoline fueling positions) on four (4) contiguous parcels of land on the northwest quadrant of McFadden Avenue and Tustin Village Way in the City of Tustin, California. Figure 1, located at the rear of this letter report, presents a Vicinity Map, which illustrates the general location of the project site, while Figure 2 presents the existing site aerial. As shown in Figure 2, the portion of the site nearest the corner is currently undeveloped but surfaced with loose gravel for use as seasonal overflow parking by The Jewelry Exchange in Tustin located across Tustin Village Way. The remaining portion of the site is developed with a 7-Eleven convenience store and adjoining coin operated laundromat, which will be demolished in conjunction with the Project. Based on our understanding, the preparation of a parking demand analysis is required as part of the City's review of the above-referenced Conditional Use Permit (CUP) Philip M.Linscott,PE(1924-2000) and Design Review applications for the proposed 7-Eleven Project to ensure that Jack M.Greenspan,PE(Ret) adequate parking will be provided. William A.Law,PE(Ret.) Paul W.Wilkinson,PE This report evaluates the parking demands of three (3) existing comparable 7-Eleven John P.Keating,PE David S.Shender,PE convenient stores with gasoline pumps to determine the peak parking demand and John A.Boarman,PE parking profile of a typical 7-Eleven convenient store with gasoline pumps and Clare M.Look-Jaeger,PE combines this parking demand with the ULI Shared Parking time-of-day parking Richard E.Barretto,PE Keil D.Maherry,PE An MW8 Company Founded 1966 Mr. Adan Madrid LINSCOTT June 15, 2020 Page 2 GREENSPAN demand associated with the 20 parking spaces committed to the Project site as part of a non-exclusive parking easement agreement with The Jewelry Exchange. The parking analysis evaluates the project's parking requirements based on current City of Tustin requirements and parking surveys conducted at similar 7-Eleven convenient stores with gasoline pumps, that were adjusted, accordingly, based on transaction data from 2019 versus 2020 to account for the Covid-19 Pandemic "Stay at Home" order. Briefly, the proposed 7-Eleven Project is forecast to have a parking deficiency of 10 parking spaces based on a City parking requirement analysis. However, the proposed 7-Eleven Project is forecast to have a minimum parking surplus of 6 parking spaces based on parking surveys to determine the actual parking demand for the Project combined with the 20 parking spaces committed to the Project site as part of a non- exclusive parking easement agreement with The Jewelry Exchange. As such, a survey demand parking analysis, based on actual parking surveys at similar Project sites combined with the 20-space parking easement agreement requirement, was prepared and indicates that adequate parking supply will be provided for the proposed 7-Eleven Project, which will include an on-site parking supply of 33 parking spaces. Our method of analysis and findings are detailed in the following sections of this report. Project Description The proposed 7-Eleven Project consists of a 4,212 square-foot (SF) 7-Eleven convenience store with six (6) gasoline pump islands (12 gasoline fueling positions) and 33 parking spaces. In addition, there is a non-exclusive parking easement agreement between the owners of Project site and the owners of The Jewelry Exchange, which entitles The Jewelry Exchange to 20 parking spaces for seasonal overflow parking purposes. Figure 3 presents the proposed site plan for the 7-Eleven Project and shows the 33 on-site parking spaces. Parking Supply-Demand Analysis This parking analysis for the proposed 7-Eleven Project involves determining the expected parking needs, based on the parking demand of similar sites and the 20- space parking easement agreement applied to the ULI Shared Parking methodology. For this Project, there are two (2) appropriate methods that can be used to estimate the site's peak parking requirements. These methods include: 1. Application of City parking requirements; and N:A4200\2204268-Tustin Village Way 7-Eleven,Tustin\Report\4268- Tustin Village Way 7-Eleven Parking Demand Analysis,06-15-20.doc Mr. Adan Madrid LINSCOTT June 15, 2020 Page 3 GREENSPAN 2. Application of parking survey data combined with the ULI Shared Parking methodology. The survey demand parking methodology is the most appropriate and certainly applicable to the proposed 7-Eleven Project considering the 20 non-exclusive seasonal overflow parking spaces to be shared with the proposed Project. City Parking Requirements To determine the number of parking spaces required to support the proposed 4,212 SF 7-Eleven convenience store with six (6) gasoline pump islands (12 fueling positions) based on City of Tustin Municipal Code, the parking demand was calculated using the City of Tustin Parking Requirements. As such, the City of Tustin Parking Requirements (Municipal Code Article 9 — Land Use; Chapter 2 — Zoning; Part 6 — Off-Street Parking; Section 9263 - Off-Street Parking Required; Table 1 Parking Requirements by Land Use specifies the following parking ratios: Service Station requires 1 space for each pump island plus additional spaces for accessory uses; and Convenience Store requires 1 space for each 250 SF of gross floor area. In addition, given the parking easement agreement associated with the site, the 20 non-exclusive parking spaces are included in the City Code analysis. Table I summarizes the parking requirements for the 7-Eleven Project using the above parking ratios and parking easement requirement. As shown, direct application of City parking requirement ratios to the proposed 4,212 SF 7-Eleven convenience store with six (6) gasoline pump islands and 20-space parking easement agreement results in a City parking requirement of 43 parking spaces. With a proposed parking supply of 33 spaces within the site, a theoretical deficiency of 10 spaces is forecast. However as previously mentioned, a parking demand estimate, based on parking survey data from similar sites combined with a shared parking demand parking analysis, has also been prepared to more accurately determine the appropriate parking demand for the Project site. Parking Utilization Surveys In order to determine the appropriate parking demand for the proposed 7-Eleven convenience store with gasoline pump islands, parking surveys were conducted at three (3) similar existing 7-Eleven stores with gasoline pumps on one weekday (Thursday) and one weekend day (Saturday) by Transportation Studies, Inc. The parking surveys were performed at one-hour intervals between 8:00 AM and 11:00 PM on Thursday April 16, 2020 and Saturday, April 18, 2020. The parking surveys N:A4200\2204268-Tustin Village Way 7-Eleven,Tustin\Report\4268- Tustin Village Way 7-Eleven Parking Demand Analysis,06-15-20.doc Mr. Adan Madrid LINSCOTT June 15, 2020 Page 4 GREENSPAN consisted of counting the number of parked vehicles within the property at all three (3) study sites. The three (3) study sites are presented in Figures 4, 5, and 6 and are listed, including the existing parking supply, as follows: ➢ Study Site No. 1: 2217 17th Street, Santa Ana(30 parking spaces) ➢ Study Site No. 2: 11461 Firestone Boulevard, Norwalk(13 spaces) ➢ Study Site No. 3: 15991 Magnolia Street, Westminster(14 spaces) The results of the weekday and weekend parking surveys are summarized in Table 2 and Table 3, respectively. The tables present the parking demand at the three (3) study sites for each one-hour of the weekday and weekend count date. In addition, each of the utilization counts were adjusted, accordingly, based on transaction data from identical days in 2019 versus 2020 to account for the Covid-19 Pandemic "Stay at Home" order. Appendix A contains the transaction comparison data for 2019 versus 2020 and provides the adjustment factor for each study site for each day. As shown in Table 2, the three (3) study sites experienced a Thursday adjusted average peak parking demand of 9 vehicles at 12:00 PM (Noon). Furthermore, as shown in Table 3, the three (3) study sites experienced a Saturday adjusted average peak parking demand of 6 vehicles at 5:00 PM. Shared Parking Demand Analysis Based on the mix of the proposed Project and the parking easement agreement for The Jewelry Exchange in Tustin, the parking demand can be calculated using parking utilization survey data and the shared parking criteria as established by the Urban Land Institute (ULI) which lays out a calculation matrix for computing the Project site's realistic parking needs. The shared parking calculations included in this report are based on the average peak parking demand data based on the parking utilization data, adjusted accordingly, and the 20 non-exclusive parking easement agreement spaces applied to the ULI retail time-of-day parking profile. Shared Parking Rationale and Basis Accumulated experience in parking demand characteristics indicates that a mixing of land uses results in an overall parking need that is less than the sum of the individual peak requirements for each land use. Shared parking calculations recognize that different uses often experience individual peak parking demands at different times of day, or days of the week. When uses share a common parking footprint, the total number of spaces needed to support the collective whole is determined by adding N:A4200\2204268-Tustin Village Way 7-Eleven,Tustin\Report\4268- Tustin Village Way 7-Eleven Parking Demand Analysis,06-15-20.doc Mr. Adan Madrid LINSCOTT June 15, 2020 Page 5 GREENSPAN parking profiles (by time of day or day of week), rather than individual peak ratios as represented in the City of Tustin Municipal Code (Part 6 — Off-Street Parking; Section 9263 - Off-Street Parking Required). The analytical procedures for Shared Parking Analyses are well documented in the Shared Parking publication by the Urban Land Institute (ULI) and have been previously accepted by the City of Tustin. As for other local application, the City of Costa Mesa, and the City of Irvine, among others, has adopted Shared Parking procedures into their Zoning Ordinances based on the ULI techniques and individual parking studies, which validate and/or refine the ULI demand projections and profiles. The shared parking calculations for the 20 parking easement agreement spaces utilize peak parking ratios and hourly parking accumulations developed from field studies of single developments in free-standing settings, where travel by private auto is maximized. These characteristics permit the means for calculating peak parking needs when land use types are combined. Further, the shared parking approach will result, at other than peak parking demand times, in an excess amount of spaces that will service the overall needs of the proposed 7-Eleven Project. Shared Parking Ratios and Profiles The hourly parking demand profiles (expressed in percent of peak demand) are based on profiles developed by the Urban Land Institute (ULI) and published in Shared Parking Third Edition (2020). The ULI publication presents hourly parking demand profiles for many general land uses such as office, retail, restaurant, cinema, and residential. These factors present a profile of parking demand over time and have been used directly, by land use type, in this analysis project. The time-of-day parking profiles for the 20 non-exclusive parking easement agreement spaces committed to The Jewelry Exchange in Tustin were applied directly from the ULI baseline for retail uses. For retail uses,the peak demand occurs between 12:00 PM and 3:00 PM on weekdays and 2:00 PM and 4:00 PM on weekends, which is different than the peak demand hours for a typical 7-Eleven convenience store with gas pumps. Survey Data Shared Parking Demand Analysis and Results In order to determine the peak parking requirement for the proposed 7-Eleven Project, utilization of the adjusted survey data for similar 7-Eleven stores is combined with the parking demand within the shared parking model for the 20 parking easement agreement spaces. N:A4200\2204268-Tustin Village Way 7-Eleven,Tustin\Report\4268- Tustin Village Way 7-Eleven Parking Demand Analysis,06-15-20.doc Mr. Adan Madrid LINSCOTT June 15, 2020 Page 6 GREENSPAN Table 4 and Table 5 presents an approach which applies the 20-space parking easement agreement requirement and ULI retail time of day parking profiles for the weekday (Thursday) and weekend (Saturday) time frame, respectively, while directly applying the average peak parking survey results as a time of day parking profile from the three (3) study sites. Appendix B contains the ULI weekday and weekend day shared parking analysis calculation worksheets for the parking easement agreement (retail)requirement. As shown in Table 4, the peak parking requirement for the proposed 7-Eleven Project and the seasonal overflow parking for the Jewelry Exchange during a typical weekday (Thursday)totals 27 parking spaces and occurs at 12:00 PM(Noon). As shown in Table 5, the peak parking requirement for the proposed 7-Eleven Project and the seasonal overflow parking for the Jewelry Exchange during a weekend day (Saturday)totals 25 parking spaces and occurs at 2:00 PM and 3:00 PM. As a result, based on review of Tables 4 and 5, the total parking survey data shared parking demand for the proposed 7-Eleven Project and the seasonal overflow parking for the Jewelry Exchange is 27 parking spaces and occurs at 12:00 PM (Noon) on a weekday. With a proposed on-site parking supply of 33 parking spaces, a minimum parking surplus of 6 spaces is forecast for the entire site. Consequently, the parking survey data shared parking demand analysis indicates that there is adequate parking on site to accommodate the proposed 7-Eleven Project and the seasonal overflow parking for the Jewelry Exchange. Summary of Findings and Conclusions 1. The proposed 7-Eleven Project consists of a 4,212 square-foot (SF) 7-Eleven convenience store with 12 gasoline fueling positions and 33 parking spaces. In addition, there is a non-exclusive parking easement agreement between the owners of the Project site and the owners of The Jewelry Exchange, which entitles The Jewelry Exchange to 20 parking spaces for overflow parking purposes. 2. Direct application of City parking ratios to the proposed 7-Eleven Project plus the 20 parking easement agreement spaces results in a City parking code requirement of 43 parking spaces. Based on a parking supply of 33 spaces, a parking deficiency of 10 parking spaces is forecast. However, the required parking spaces per current City code standards would result in a significant amount of excess parking spaces N:A4200\2204268-Tustin Village Way 7-Eleven,Tustin\Report\4268- Tustin Village Way 7-Eleven Parking Demand Analysis,06-15-20.doc Mr. Adan Madrid LINSCOTT June 15, 2020 Page 7 GREENSPAN than what is actually needed to serve the project, since there is an opportunity to share parking spaces based on the utilization profile of the proposed Project and parking easement agreement requirement. 3. The Survey Data Shared Parking Analysis indicates that the peak parking demand for the proposed 7-Eleven Project and the seasonal overflow parking for the Jewelry Exchange (Table 4) during a weekday totals 27 parking spaces and occurs at 12:00 PM (Noon). With a proposed parking supply of 33 parking spaces, a minimum parking surplus of 6 parking spaces is forecast for the entire site on a typical peak weekday. In addition, the peak parking demand for the proposed 7-Eleven Project and the seasonal overflow parking for the Jewelry Exchange (Table 5) during a weekend (Saturday) totals 25 parking spaces and occurs at 2:00 PM and 3:00 PM. With a proposed parking supply of 33 parking spaces, a minimum parking surplus of 8 parking spaces is forecast for the entire site on a typical peak weekend day. Consequently, the parking survey data parking demand analysis indicates that there is adequate parking to accommodate the proposed 7-Eleven Project and the seasonal overflow parking for the Jewelry Exchange. We appreciate the opportunity to prepare this parking analysis for ASI development. Should you have any questions or need additional assistance, please do not hesitate to call me at(949) 825-6175. Very truly yours, Linscott,Law & Greenspan,Engineers t .F' OESSr�,tiq Keil D. 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Ez .,� r W E-4 as o z LL r 0 � E- M 0-) W 3 M F—I 1. , w ti �I J W r r - Y O d, Q C7 G r R U D O N 4" i i w i U i � •:. Z �ol!n6o OZOZ—SL-90 gb:99:60 d0l 6Mp,g—; ggZq\6Mp\ui}sn} 'uanaja—L ADM a6oIIin ui}sn} — ggZyOZZ\OOZY\:u /1 z V r C G� ,. O wV) W zz � wZ L �• �P� E- W rz > WAN F, E�//ip TA92 Q A VLL LL 4 � _ O rn z � Q I � z W o� w J a--I W J O t O Oj P a Lal 4 _ d O) '1c .�I s 1 �e 1L' J Q U y - (n u LINSCOTT GREENSPAN TABLE 1 CITY CODE PARKING REQUIREMENTS' 7-ELEVEN AT 16791 MCFADDEN AVENUE,TUSTIN City of Riverside Spaces Land Use Size Code Parking Ratio Required Service Station(Pump Islands) 6 pump islands 1 space for each pump island plus 6 additional spaces for accessory uses Convenience Store 4,212 SF 1 space for each 250 SF of gross floor area 17 The Jewelry Exchange in Tustin -- Parking Easement Agreement 20 Code Parking Requirement 43 Parking Supply(Net) 33 Parking Surplus/Deficiency(+/-) -10 Notes SF=Square Feet I City of Tustin Municipal Code Article 9—Land Use;Chapter 2—Zoning;Part 6—Off-Street Parking;Section 9263 Off- Street Parking Required;Table 1—Parking Requirements by Land Use CJ �o �n a "o r- "o kn kr) kr) -t -t N "o tj aj M d a tj tj on^a o o M 00 •U O z a A cz 0 fn w H w r OLLi y CJ 0 Z O p cid 04 G z N a � a ° o W O A OU N N D —� Z ai = O0 LUQ O CL m LU LL.> U Q p y Q W �" U] � Q QN O �--� N kr) �--� �--� N N M 'tO �--� �--� M ,r-." In � � N CC tj 2 01 �c r- M co W aA � Ned Y 2 Q. LU CJ u E- 'C p w oo W') o0 00 W) w U 0 d d Ej r cj bA O Ov •�_ N 00 00 p1 �t � � W) �t M M W) M aA � o Q cz � � o 5 o 5 x oz 4" o N o M a > > tj O d yl U] N U] U] O O U �t 1.0 �t N M �t N V O Z a A y N w H w r Z O yOy o 0p c w > O i�r CC O �--i M W) � M M 00 W) It � � � .� 3� Q Q N 0 w Z 00 a U `-' ¢' U O LU o A o E .o C/) U O LU CO) N � -r Z � � Q O m Lu LL.> U Q 'C O y czE Q > �" U] u Q Q " O N �t M N N Ic �t M M M M --� O � N CC GJ 01 �c c� ti a A F � N d Y co Q 0 dw y O 0 DC Q u H C J v N `: �: v v �n v� N N N �o w ° C d Q cz W .•- a 0 o tj aA � x � � orq o Z o .," A 0 0 0 0 0 0 0 0 0 0 0 0 0 0 •• �U. �_ > U F 00 7N M 't W) � 00 C\ O :j O d LINSCOTT GREENSPAN TABLE 4 WEEKDAY SURVEY PARKING DEMAND ANALYSIS [1] 7-ELEVEN AT 16791 MCFADDEN AVENUE,TUSTIN The Jewelry Total Land Use (Thursday) Exchange in Spaces= Tustin Comparison w/ Gross Study Site 20 Spaces 20 Parking Supply Spaces Average Shared 33 Spaces Time of Peak Number of Parking Surplus Day Demand [2] Spaces Demand (Deficiency) 8:00 AM 6 3 9 24 9:00 AM 4 7 11 22 10:00 AM 5 12 17 16 11:00 AM 7 14 21 12 12:00 PM 9 18 27 6 1:00 PM 6 18 24 9 2:00 PM 7 18 25 8 3:00 PM 6 16 22 11 4:00 PM 5 16 21 12 5:00 PM 5 16 21 12 6:00 PM 5 17 22 11 7:00 PM 4 16 20 13 8:00 PM 4 12 16 17 9:00 PM 2 9 11 22 10:00 PM 6 3 9 24 Notes: [1] Source: ULI-Urban Land Institute"Shared Parking,"Third Edition,2020. [2] Average adjusted peak parking demand from the three(3)study sites as presented in Table 2. LINSCOTT GREENSPAN TABLE 5 WEEKEND SURVEY PARKING DEMAND ANALYSIS [1] 7-ELEVEN AT 16791 MCFADDEN AVENUE,TUSTIN The Jewelry Total Land Use (Saturday) Exchange in Spaces= Tustin Comparison w/ Gross Study Site 20 Spaces 20 Parking Supply Spaces Average Shared 33 Spaces Time of Peak Number of Parking Surplus Day Demand [2] Spaces Demand (Deficiency) 8:00 AM 4 4 8 25 9:00 AM 4 8 12 21 10:00 AM 4 11 15 18 11:00 AM 5 14 19 14 12:00 PM 3 17 20 13 1:00 PM 4 18 22 11 2:00 PM 5 20 25 8 3:00 PM 5 20 25 8 4:00 PM 5 19 24 9 5:00 PM 6 18 24 9 6:00 PM 5 16 21 12 7:00 PM 3 15 18 15 8:00 PM 3 13 16 17 9:00 PM 3 11 14 19 10:00 PM 5 8 13 20 Notes: [1] Source: ULI-Urban Land Institute"Shared Parking,"Third Edition,2020. [2] Average adjusted peak parking demand from the three(3)study sites as presented in Table 3. APPENDIXA 7-ELEVEN TRANSACTION DATA COMPARISON WORKSHEETS LINSCOTT,LAW&GREENSPAN,engineers LLG Ref.2-20-4268-1 Tustin Village Way 7-Eleven,Tustin N X32001201268-Tiutiu Village Way 7-Eleaeu.TuYiu.Repoil 4'68 appetilx Co,eu.doc Appendix A-1 7-Eleven 2019 vs.2020 Transaction Data Study Site No. 1 (Store No.33436)- Santa Ana 7-Eleven at 16791 McFadden Avenue, Tustin Thursday Saturday Transaction Data Transaction Data Time 4/18/2019 4/16/2020 % Change 4/20/2019 4/18/2020 % Change 0:00 24 29 20.83% 24 29 20.83% 1:00 23 9 -60.87% 18 16 -11.11% 2:00 9 2 -77.78% 15 8 -46.67% 3:00 13 7 -46.15% 7 4 -42.86% 4:00 14 4 -71.43% 9 5 -44.44% 5:00 26 27 3.85% 23 16 -30.43% 6:00 70 51 -27.14% 36 23 -36.11% 7:00 73 52 -28.77% 58 38 -34.48% 8:00 79 37 -53.16% 54 18 -66.67% 9:00 52 28 -46.15% 54 32 -40.74% 10:00 47 31 -34.04% 49 27 -44.90% 11:00 44 44 0.00% 41 25 -39.02% 12:00 66 44 -33.33% 55 39 -29.09% 13:00 61 63 3.28% 52 44 -15.38% 14:00 53 45 -15.09% 56 34 -39.29% 15:00 65 41 -36.92% 63 31 -50.79% 16:00 71 43 -39.44% 51 42 -17.65% 17:00 76 29 -61.84% 51 51 0.00% 18:00 56 43 -23.21% 52 39 -25.00% 19:00 47 37 -21.28% 31 33 6.45% 20:00 48 36 -25.00% 38 42 10.53% 21:00 44 32 -27.27% 39 55 41.03% 22:00 48 45 -6.25% 31 47 51.61% 23:00 41 33 -19.51% 26 39 50.00% Average -30.28% -18.09% Change Appendix A-2 7-Eleven 2019 vs.2020 Transaction Data Study Site No.2 (Store No.33289)-Norwalk 7-Eleven at 16791 McFadden Avenue, Tustin Thursday Saturday Transaction Data Transaction Data Time 4/18/2019 4/16/2020 % Change 4/20/2019 4/18/2020 % Change 0:00 21 13 -38.10% 34 21 -38.24% 1:00 16 11 -31.25% 15 5 -66.67% 2:00 9 7 -22.22% 17 6 -64.71% 3:00 9 8 -11.11% 10 11 10.00% 4:00 23 7 -69.57% 7 4 -42.86% 5:00 43 25 -41.86% 20 11 -45.00% 6:00 44 22 -50.00% 15 13 -13.33% 7:00 44 24 -45.45% 32 13 -59.38% 8:00 47 31 -34.04% 35 17 -51.43% 9:00 35 18 -48.57% 38 15 -60.53% 10:00 39 15 -61.54% 48 20 -58.33% 11:00 39 16 -58.97% 37 24 -35.14% 12:00 39 21 -46.15% 38 24 -36.84% 13:00 39 25 -35.90% 41 23 -43.90% 14:00 37 23 -37.84% 42 29 -30.95% 15:00 40 20 -50.00% 39 26 -33.33% 16:00 25 32 28.00% 41 20 -51.22% 17:00 45 28 -37.78% 31 29 -6.45% 18:00 26 26 0.00% 31 20 -35.48% 19:00 36 15 -58.33% 36 28 -22.22% 20:00 35 21 -40.00% 34 17 -50.00% 21:00 42 25 -40.48% 28 19 -32.14% 22:00 28 16 -42.86% 33 36 9.09% 23:00 33 22 -33.33% 36 22 -38.89% Average -37.81% -37.41% Change Appendix A-3 7-Eleven 2019 vs.2020 Transaction Data Study Site No.3 (Store No.33161)-Westminster 7-Eleven at 16791 McFadden Avenue, Tustin Thursday Saturday Transaction Data Transaction Data Time 4/18/2019 4/16/2020 % Change 4/20/2019 4/18/2020 % Change 0:00 10 10 0.00% 18 9 -50.00% 1:00 10 13 30.00% 9 13 44.44% 2:00 5 3 -40.00% 16 3 -81.25% 3:00 8 4 -50.00% 7 3 -57.14% 4:00 19 11 -42.11% 9 7 -22.22% 5:00 32 16 -50.00% 8 10 25.00% 6:00 40 44 10.00% 23 21 -8.70% 7:00 46 27 -41.30% 58 26 -55.17% 8:00 44 23 -47.73% 49 23 -53.06% 9:00 25 19 -24.00% 43 16 -62.79% 10:00 44 18 -59.09% 35 19 -45.71% 11:00 31 22 -29.03% 34 35 2.94% 12:00 30 23 -23.33% 37 18 -51.35% 13:00 44 35 -20.45% 43 30 -30.23% 14:00 26 35 34.62% 31 26 -16.13% 15:00 29 18 -37.93% 48 23 -52.08% 16:00 45 23 -48.89% 33 25 -24.24% 17:00 45 26 -42.22% 31 32 3.23% 18:00 42 19 -54.76% 21 20 -4.76% 19:00 35 24 -31.43% 31 20 -35.48% 20:00 39 23 -41.03% 25 21 -16.00% 21:00 37 28 -24.32% 37 18 -51.35% 22:00 43 22 -48.84% 32 16 -50.00% 23:00 17 14 -17.65% 15 19 26.67% Average -29.15% -27.72% Change APPENDIX B ULI SHARED PARKING ANALYSIS WORKSHEETS LINSCOTT,LAW&GREENSPAN,engineers LLG Ref.2-20-4268-1 Tustin Village Way 7-Eleven,Tustin N X32001201268-Tiutiu Village Way 7-Eleaeu.TuAm Repoil 4'68 appetilx Coceu.doc Appendix Table B-1 SHOPPING CENTER(TYPICAL DAYS) WEEKDAY SHARED PARKING DEMAND ANALYSIS[1] Land Use Shopping Center(Typical Days) Size 0.000 KSF Pkg Rate[21 0 /KSF Mode Adjust 1.00 1.00 Non-Captive Ratio 1.00 1.00 Gross 20 Spaces Spaces 16 Guest Spc. 4 Emp.Spc. Shared Time %Of #Of %Of #Of Parking of Day Peak[3] Spaces Peak[3] Spaces Demand 6:00 AM 1% 0 9% 0 0 7:00 AM 5% 1 14% 1 2 8:00 AM 14% 2 23% 1 3 9:00 AM 32% 5 41% 2 7 10:00 AM 54% 9 68% 3 12 11:00 AM 68% 11 86% 3 14 12:00 PM 90% 14 90% 4 18 1:00 PM 90% 14 90% 4 18 2:00 PM 86% 14 90% 4 18 3:00 PM 77% 12 90% 4 16 4:00 PM 77% 12 90% 4 16 5:00 PM 77% 12 90% 4 16 6:00 PM 81% 13 90% 4 17 7:00 PM 72% 12 90% 4 16 8:00 PM 59% 9 81% 3 12 9:00 PM 41% 7 54% 2 9 10:00 PM 14% 2 36% 1 3 11:00 PM 5% 1 18% 1 2 12:00 AM 0% 0 0% 0 0 Notes: [1] Source: ULI-Urban Land Institute"Shared Parking,"Third Edition,2020. [2] Parking rate based on reciprocal parking agreement with Tustin Jewelry Mart for 20 spaces. [3] Percentage of peak parking demand factors reflect relationships between weekday parking demand ratios and peak parking demand ratios,as summarized in Table 2-2 of the"Shared Parking"manual. Appendix Table B-2 SHOPPING CENTER(TYPICAL DAYS) WEEKEND SHARED PARKING DEMAND ANALYSIS[1] Land Use Shopping Center(Typical Days) Size 0.000 KSF Pkg Rate[21 0 /KSF Mode Adjust 1.00 1.00 Non-Captive Ratio 1.00 1.00 Gross 20 Spaces Spaces 16 Guest Spc. 4 Emp.Spc. Shared Time %Of #Of %Of #Of Parking of Day Peak[3] Spaces Peak[3] Spaces Demand 6:00 AM 1% 0 10% 0 0 7:00 AM 5% 1 15% 1 2 8:00 AM 10% 2 40% 2 4 9:00 AM 30% 5 75% 3 8 10:00 AM 50% 8 85% 3 11 11:00 AM 65% 10 95% 4 14 12:00 PM 80% 13 100% 4 17 1:00 PM 90% 14 100% 4 18 2:00 PM 100% 16 100% 4 20 3:00 PM 100% 16 100% 4 20 4:00 PM 95% 15 100% 4 19 5:00 PM 90% 14 95% 4 18 6:00 PM 80% 13 85% 3 16 7:00 PM 75% 12 80% 3 15 8:00 PM 65% 10 75% 3 13 9:00 PM 50% 8 65% 3 11 10:00 PM 35% 6 45% 2 8 11:00 PM 15% 2 15% 1 3 12:00 AM 0% 0 0% 0 0 Notes: [1] Source: ULI-Urban Land Institute"Shared Parking,"Third Edition,2020. [2] Parking rate based on reciprocal parking agreement with Tustin Jewelry Mart for 20 spaces. [3] Percentage of peak parking demand factors reflect relationships between weekday parking demand ratios and peak parking demand ratios,as summarized in Table 2-2 of the"Shared Parking"manual. 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The Planning Commission finds and determines as follows: A. That a proper application for Design Review (DR) 2019-00016, Conditional Use Permit (CUP) 2019-00017, CUP 2020-0017, and Lot Line Adjustment (LLA) 2020-0001 has been submitted by Peter Gonzales of 7-Eleven, Inc., requesting authorization to establish a convenience store with a six (6) island/twelve (12) pump service station at 16791 McFadden Avenue & 16801 McFadden Avenue. B. That the development application includes the following requests: 1. DR 2019-00016 & CUP 2019-00017 to authorize the design and site layout of a new 4,212-square-foot convenience store with a six (6) island/twelve (12) pump service station. 2. CUP 2020-00017 to authorize shared parking between lots through joint- use parking. 3. LLA 2020-0001 to consolidate four (4) parcels into one (1) parcel. C. That the subject property is located within the Retail Commercial (Cl) with Combining Parking (P) zoning district where a variety of commercial uses are authorized. In addition, the project has been reviewed for consistency with the Air Quality Sub-Element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub-Element. D. That pursuant to Tustin City Code (TCC) Section 9232b10., convenience stores are permitted subject to approval of a CUP. E. That pursuant to TCC Section 9232b25., service stations are permitted subject to approval of a CUP. Resolution No. 4414 Page 2 F. That pursuant to TCC Section 9264a, parking facilities may be used jointly for nonresidential uses with different peak hours of operation subject to approval of a CUP. G. That a public hearing was duly called, noticed, and held on said application on December 22, 2020, by the Planning Commission. H. That the location, size, and general appearance of the proposed project, as conditioned, is compatible with the surrounding area in that the proposed improvements, including the canopy, are proportionately sized to the site. The proposal will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole. In making such findings, the Planning Commission has considered at least the following items: 1. Height, bulk, and area of proposed structures. 2. Setbacks and site planning. 3. Exterior material and colors. 4. Type and pitch of roofs. 5. Size and spacing of windows, doors, and other openings. 6. Roof structures. 7. Location, height and standards of exterior illumination. 8. Landscaping, parking area design and traffic circulation. 9. Location and appearance of equipment located outside an enclosed structure. 10. Location and method of refuse storage. 11. Physical relationship of proposed structures to existing structures in the neighborhood. 12.Appearance and design relationship of proposed structures to existing structures and possible future structures in the area and public thoroughfares. 13. Development guidelines and criteria as adopted by the City Council. Resolution No. 4414 Page 3 I. That the establishment, maintenance, and operation of the proposed convenience store with a six (6) island/twelve (12) pump service station 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. 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 consistent with the uses in the area. 2. The proposed use is not anticipated to result in parking impacts subject to approval of the CUP for joint use parking. Parking for the subject use would be limited to spaces available on-site through the development and maintenance of thirty-three (33) parking spaces. 3. The proposed use, as conditioned, would not create a noise impact to the surrounding neighborhood since the service station would be subject to the Tustin Noise Ordinance and General Plan Noise Element. 4. The proposed hours of operation of the business are the same as the existing 7-Eleven convenience store. The proposed use will not be detrimental to the surrounding properties in that the site as there are other commercial uses in the surrounding area. J. That the establishment, maintenance, and operation of the proposed joint- use parking 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. The site is proposed to be improved with a 4,212-square-foot convenience store and a six (6) pump island service station and would provide thirty- three (33) on-site parking spaces. 2. Pursuant to TCC Section 9263g, the off-street parking requirements for a 4,212-square-foot convenience store and a six (6) pump island service station would result in an off-street parking requirement of twenty-three (23) parking spaces. Additionally, twenty (20) parking spaces are committed to the property at 15732 Tustin Village Way for seasonal Resolution No. 4414 Page 4 overflow parking, resulting in a deficit of parking based on the requirements presented in the TCC. 3. A Parking Demand Analysis dated June 15, 2020, was prepared by a licensed traffic engineer (Keil D. Maberry, PE) in accordance with TCC Section 9264a. 4. A Parking Demand Analysis determined the peak demand for the convenience store and service station and seasonal overflow parking is twenty-seven (27) spaces and a total of thirty-three (33) spaces will be provided on-site. Therefore, the Parking Demand Analysis finds that adequate parking is available and no substantial conflict will exist in the peak hours of parking demand for the office complex for the proposed uses. 5. The Parking Study has been reviewed and accepted by the City's Traffic Engineer for methodology and accuracy. 6. Any change in use would require review and approval by the Community Development Department. 7. All of the on-site parking spaces are designated forjoint use for which they are intended. 8. The proposed use, as conditioned, will not have a negative effect on surrounding properties or impact traffic based on the availability of parking in that sufficient parking would be available on-site. K. That as conditioned, the proposal would be in conformance with the State Subdivision Map Act and TCC Section 9323 (Subdivision Code) in that: 1. The proposal is eligible for processing as a lot line adjustment pursuant to Section 66412(d) of the California Subdivision Map Act. 2. Only four (4) or fewer existing, adjoining parcels are involved. 3. No greater number of parcels will result from LLA 2020-0001 . 4. The resultant parcels will meet the requirements of the City of Tustin Zoning Code. 5. The Public Works Engineering Division has reviewed LLA 2020-0001 and found it to be technically correct. Resolution No. 4414 Page 5 L. This project is categorically exempt from further environmental review pursuant to the California Environmental Quality Act (CEQA) Section 15332, Class 32, "In-Fill Development Projects". II. The Planning Commission hereby approves DR 2019-00016, CUP 2019-00017, CUP 2020-0017, and LLA 2020-00011 for the establishment of a convenience store with a six (6) island/twelve (12) pump service station at 16791 McFadden Avenue & 16801 McFadden Avenue. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 22nd day of December, 2020. AMY MASON Chairperson JUSTINA L. WILLKOM Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Justina L. Willkom, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4414 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 22nd day of December, 2020. PLANNING COMMISSIONER AYES: PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: JUSTINA L. WILLKOM Planning Commission Secretary EXHIBIT A CONDITIONS OF APPROVAL DR 2019-00016, CUP 2019-00019, CUP 2020-00017, LLA 2020-0001 16791 MCFADDEN AVENUE & 16801 MCFADDEN AVENUE GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped December 22, 2020, on file with the Community Development Department, as herein modified, oras modified by the Community Development Director in accordance with this Exhibit. The Community Development Director may also approve subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code (TCC). (1) 1.2 This approval shall become null and void unless substantial construction is underway within twelve (12) months of the date of this Exhibit. Time extensions may be granted if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.3 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified, subject to review and approval by the Community Development Department. (1) 1.4 Approval of Design Review (DR) 2019-00016, Conditional Use Permit (CUP) 2019-00017, CUP 2020-0017, and Lot Line Adjustment (LLA) 2020-0001 is contingent upon the applicant and property owner signing and returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the property owner signing and recording with the County Clerk-Recorder a notarized "Notice of Discretionary Permit Approval and Conditions of Approval" form. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. (1) 1.5 Any violation of any of the conditions imposed is subject to issuance of an administrative citation pursuant to TCC 1162(a). SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENTS (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTIONS (1) 1.6 CUP 2019-00017 and/or CUP 2020-0017 may be reviewed annually or Exhibit A Resolution No. 4414 DR 2019-00016, CUP 2019-00017, CUP 2020-0017, LLA 2020-0001 Page 2 more often, if deemed necessary by the Community Development Department, to ensure compatibility with the area and compliance with the conditions contained herein. If the use is not operated in accordance with the conditions of approval or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the Community Development Director may impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the CUP(s). (1) 1.7 If in the future the City's Community Development Director, Police Chief, and/or Public Works Department determine that a noise, parking or on- site circulation problem exists on the site or in the vicinity as a result of the facility, the Community Development Director, Police Chief, and/or Public Works Department may require that the applicant prepare a noise study, parking demand analysis or traffic study, the applicant shall bear all associated costs. If said study indicates that there is inadequate parking or a traffic or noise problem, the applicant shall be required to provide measures to be reviewed and approved by the Community Development Department, Police Chief, and/or Public Works Department. Said measures may include, but are not limited to, the following: A. Modification of hours of operation; B. Reconfigure on-site circulation; C. Installation of additional traffic and/or directional signage; and/or D. Provide additional parking. (1) 1.8 As a condition of approval of DR 2019-00016, CUP 2019-00017, CUP 2020-0017, and LLA 2020-0001 , the applicant shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision-making body, including staff, concerning this project. The City agrees to promptly notify the applicant of any such claim or action filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in defense of any such action under this condition. Exhibit A Resolution No. 4414 DR 2019-00016, CUP 2019-00017, CUP 2020-0017, LLA 2020-0001 Page 3 (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. DESIGN AND ARCHITECTURE (1) 2.1 Project materials shall substantially comply with those identified in the approved plans. Additional color and material samples may be requested by City staff at the time of plan check. Substitutions to the approved materials may occur subject to the approval of the Community Development Director. Enhancements to the architectural detailing may be required at the time of plan check based on the proposed materials. *** 2.2 All roof access shall be provided from inside the building. *** 2.3 All rooftop mounted equipment shall be installed so as not to be visible from the public right-of-way and parking lot areas and in accordance with approved plans. No rooftop mounted equipment shall be visible from public view. Compliance with this condition shall be verified at plan check and at field inspection. *** 2.4 No exterior downspouts shall be permitted. All roof drainage shall utilize interior piping and may have exterior outlets into landscape areas at the base of the building and/or vehicular areas at the curb face. Alternative design and locations shall be subject to review and approval of the Community Development Department. Any roof scuppers shall be installed with a special lip device so that overflow drainage will not stain the walls. (1) 2.5 All exposed metal flashing or trim shall be painted to match the building. (1) 2.6 Reinforced Cinder Block Walls A. The applicant shall construct a thirty-six (36) inch high block wall in the parking lot planter area along the north property line. This wall shall be constructed with cinder block, reinforced and with each void filled with concrete. B. The applicant shall reconstruct and/or modify the existing block wall along the west property line to be constructed with cinder block, reinforced and with each void filled with concrete. This reinforcement requirement shall apply to the Exhibit A Resolution No. 4414 DR 2019-00016, CUP 2019-00017, CUP 2020-0017, LLA 2020-0001 Page 4 first twenty (20) linear feet of wall as measured from the south property line. (1) 2.7 The clear width in front of the entry doors shall be a minimum of sixty (60) inches plus the width of the door leaf in a fully open position. (1) 2.8 Storefront windows and doors on the west elevation shall be clear, transparent and shall not be frosted or covered. (1) 2.9 All utility services serving the site shall be installed and maintained underground. (4) 2.10 Utility meters located outside of the building shall be screened with landscaping to the greatest extent possible. Electrical transformers shall be in areas with room for landscape screening to be planted outside the required access space. (***) 2.11 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. Lights for illuminating the site or advertising the facility shall be located in such a manner so as to contain all direct rays upon the subject property. Fixtures and illumination levels shall require the approval of the Community Development Department. LANDSCAPE (6) 3.1 Landscaped areas shall be maintained and watered and all dead plant material is to be removed and replaced by the property owner. The landscaping is to be installed in accordance to the City of Tustin Water Efficient Landscape Ordinance. (6) 3.2 At plan check, complete detailed landscaping and irrigation plans for all landscaping areas are required, consistent with the approved landscape plans, City Council Ordinance 1465, adopted Guidelines for Implementation of Tustin's Water Efficient Landscape Ordinance and TCC Section 9266e. (4) 3.3 Backflow devices and double detector checks shall be painted to match surrounding landscaping when in planters or painted to match the building when located adjacent to a building. Landscaping shall be utilized to screen the devices where possible. Exhibit A Resolution No. 4414 DR 2019-00016, CUP 2019-00017, CUP 2020-0017, LLA 2020-0001 Page 5 USE RESTRICTIONS (***) 4.1 A total of thirty-three (33) on-site parking spaces shall be maintained at all times. Any changes to the number of parking spaces, parking lot and/or circulation, and/or services provided require review and approval of the Community Development Director and may require an amendment to the joint use parking study. (1) 4.2 All business activity, sales, displays or other business activities related to the convenience store shall be conducted entirely within the subject building. (7) 4.3 "No Loitering" signage shall be posted on the site. (1) 4.4 All requirements of the City's Noise Ordinance shall be met at all times. (***) 4.5 Business hours are 24-hours, Monday through Sunday. (***) 4.6 To avoid conflict between fueling trucks and vehicle queues, fuel deliveries shall be limited to 1-2 deliveries during peak hours of operation. Additional fuels deliveries shall take place during non-peak hours. (1) 4.7 All litter shall be removed from the exterior areas around the premises including public sidewalk areas, landscape areas and parking areas, no less frequently than once each day. (1) 4.8 The gas station shall provide water and air, at no cost and available 24 hours a day. All air hoses shall be equipped with operating instructions and accurately calibrated gauges. (***) 4.9 The property owner and tenant shall submit signed written authorization granting the Police Department permission to enforce trespassing laws. (7) 4.10 The business owner shall install and maintain a video surveillance system to monitor all doors, public areas of the premises, and parking areas and shall make the video available to the Police Department. A. Electronic copies of videos shall be made available to the Police Department within 48 hours of request. B. Digital recording shall be made available for viewing on- scene upon request by a Police Officer. Exhibit A Resolution No. 4414 DR 2019-00016, CUP 2019-00017, CUP 2020-0017, LLA 2020-0001 Page 6 C. The business shall retain video surveillance for at least one (1) month. D. All video surveillance cameras must record in color, with digital recording to DVR and able to record in low-light. E. All managers and employees shall be trained to access video recordings in order to provide recordings to law enforcement personnel. (***) 4.11 If there is a marked or noticeable increase in the number of police- related incidents on or near the premises, as such increase may be determined by the Chief of Police, the applicant may be required to provide state-licensed, uniformed security guards at a number determined by the Chief of Police. (1) 4.12 No outdoor storage is permitted nor display of materials shall be permitted except as allowed by the Tustin City Code (TCC). (7) 4.13 Storage and/or advertising of vehicles for sale or lease is not permitted. (1) 4.14 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. (7) 4.15 Restrooms shall be located within the approved structure with entrances or signage clearly visible from the cashier area inside the convenience store. Restrooms shall be provided to the public at no cost and available during all hours of operation. The restrooms shall be maintained in a clean and sanitary condition. (1) 4.16 If pay telephones are provided, they shall be located within the approved structure. The pay phones shall be programmed to prohibit incoming calls. The location of pay phones outside the convenience store is prohibited. (1) 4.17 Public address systems shall never be used in outdoor areas. Exhibit A Resolution No. 4414 DR 2019-00016, CUP 2019-00017, CUP 2020-0017, LLA 2020-0001 Page 7 (5) 4.18 Truck circulation patterns and positions for tank filling shall not conflict with critical customer circulation patterns or cause a potential for stacking overflow onto a street. LOT LINE ADJUSTMENT (5) 5.1 The applicant shall record a new deed reflecting LLA No. 2020-0001, concurrent with recording the subject LLA with associated exhibits, with the Recorder's Office of Orange County, California prior to permit issuance. (***) 5.2 The applicant shall record a modified access easement, to the benefit of the property located at 15761 Tustin Village Way, to accommodate the new structures prior to permit issuance. This will require preparation of a separate instrument abandoning the old alignment and showing a new alignment for the easement. PLAN SUBMITTAL (5) 6.1 All construction shall comply with 2019 California Building Code, California Mechanical Code, California Electrical Code, California Plumbing Code, California Green Code and California Energy Code. (3) 6.2 All construction shall comply with all applicable requirements of CBC 2019, chapter 11 B, accessibility requirements within the site and the building and at the gas pumps. (3) 6.3 Accessible parking spaces shall comply with CBC 11 B-208.2.4 and 11 B-502. For total number of parking spaces proposed; one van accessible parking space (twelve feet wide) and one standard accessible space (nine feet wide) is required. The access aisle shall be on the passenger side of the van accessible space. (3) 6.4 All lighting and building locking devices added to the premises shall meet those requirements as set forth in the Building Security and California Fire Codes. (3) 6.5 Trash enclosures shall have a solid roof or awning and shall be enclosed by masonry walls with access which effectively obscures the contents placed within the enclosure. Trash enclosures with only enough space for dumpsters used as a point of waste disposal only are not employee workplaces; however, they are part of the facility on the site and as such, must have an accessible route to it, similar to common area facilities such as storage rooms. The accessible route may terminate at a complying door with strike edge clearance and Exhibit A Resolution No. 4414 DR 2019-00016, CUP 2019-00017, CUP 2020-0017, LLA 2020-0001 Page 8 complying hardware, but entry to the enclosure itself is not required. The dumpsters themselves are not regulated by CBC Chapter 11 B. (3) 6.6 One drinking fountain is required per California Plumbing Code Chapter 4. (3) 6.7 Provide automatic fire sprinklers per chapter 9 of CBC for new construction. (3) 6.8 Comply with California Green Building, section 5.106.5.3 to facilitate future installation and use of EV chargers. (3) 6.9 Comply with California Energy Code, section 110.10 mandatory requirements for solar ready buildings. (3) 6.10 Provide bicycle parking per 2019 Cal Green section 5.106.4.1. GRADING AND DRAINAGE (5) 7.1 This development shall comply with all applicable provisions of the City of Tustin Water Quality Ordinance and all Federal, State, and Regional Water Quality Control Board rules and regulations. (1) 7.2 Prior to issuance of any permits, the applicant shall submit for approval by the Community Development and Public Works Departments, a Priority 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) 7.3 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. (1) 7.4 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. Exhibit A Resolution No. 4414 DR 2019-00016, CUP 2019-00017, CUP 2020-0017, LLA 2020-0001 Page 9 STREET IMPROVEMENT CONDITIONS (***) 8.1 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 and/or replacement of any missing or damaged public improvements adjacent to this development, including but not limited to: A. Design and construct a five (5) foot sidewalk along project frontage along Tustin Village way. B. Remove and reconstruct the commercial driveway aprons on Tustin Village Way and McFadden Avenue to the must current City of Tustin Public Works Standards and the most current Federal Americans with Disabilities Act (ADA) requirements. The proposed westerly driveway apron on McFadden Avenue may require the applicant to remove and replace an existing manhole improvement to accommodate the new ADA compliant driveway apron. C. Remove the driveway aprons on McFadden Avenue as shown on the approved site plan. Design and construct full height curb & gutter and sidewalk to the must current City of Tustin Public Works Standards and the most current Federal Americans with Disabilities Act (ADA) requirements. D. Remove and reconstruct sidewalk along project frontage on McFadden Avenue. E. Existing and proposed water improvements. Plans must follow the latest City of Tustin Water Standards and the American Water Works Association (AWWA) guidelines. In case of a conflict, the City of Tustin Water Standards shall prevail. F. Existing and proposed utility improvements in the public right- of-way. (1) 8.2 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. Exhibit A Resolution No. 4414 DR 2019-00016, CUP 2019-00017, CUP 2020-0017, LLA 2020-0001 Page 10 (5) 8.3 Current Federal Americans with Disabilities Act (ADA) requirements shall be met at the drive aprons and sidewalk along the project frontage on Tustin Village Way. The applicant shall design and construct a five (5) foot sidewalk along project frontage along Tustin Village Way and provide applicable sidewalk obstruction transition at existing power pole. The applicant shall dedicate 2-foot sidewalk easement and the appropriate easement for the obstruction transition. Prior to issuance of Building Permit, the applicant shall submit legal description and sketch as prepared by a California Registered Civil Engineer or California Licensed Land Surveyor to the Engineering Division for review and approval. (5) 8.4 Prior to any work in the public right-of-way, an Encroachment Permit shall be obtained from and applicable fees paid to the Public Works Department. (***) 8.5 Prior to issuance of a Building Permit, an Encroachment Permit shall be obtained to restripe the right-of-way median to allow left turns on McFadden Avenue. The applicant shall submit engineered signing and striping plans with an applicable plan check deposit for review and approval. Please note that this would be at the cost of the Applicant. (***) 8.6 Prior to issuance of a Building Permit, the applicant shall grant in Fee Title of the triangular piece along the property frontage on McFadden plus the appropriate corner cut-off (if applicable), at no cost to the City. The applicant shall submit a legal description and sketch of the area to the Public Works Department for review and approval, as prepared by a California Registered Civil Engineer or California Licensed Land Surveyor. Exhibit A Resolution No. 4414 DR 2019-00016, CUP 2019-00017, CUP 2020-0017, LLA 2020-0001 Page 11 WATER QUALITY CONDITIONS (5) 9.1 In accordance with the plans, a backflow prevention device may be required to protect the public water system from cross connections. A. An easement for public utility access purposes must be dedicated to the City of Tustin for the double check detector assembly (DCDA). The easement shall start from the public right-of-way up to the DCDA with a minimum distance of five (5) feet all around the DCDA to allow for unobstructed access, inspection, testing, and maintenance. B. If a building sprinkler system is required by the Orange County Fire Authority (OCFA), the applicant shall be required to provide a backflow prevention device at his or her expense to prevent cross contamination with the public water system. C. If the applicant proposes to use an irrigation system, then a separate water meter may be required. If this is the case, a reduced pressure principle assembly (RPPA) shall be required to prevent cross-connection with the public water system. (5) 9.2 Any easements for construction and maintenance of public water facilities within private property shall be reviewed and approved by the Public Works Department prior to recordation with the Orange County Clerk-Recorder. The applicant shall submit a legal description and sketch of the area to the Public Works Department for review and approval, as prepared by a California Registered Civil Engineer or California Licensed Land Surveyor. (1) 9.3 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. (5) 9.4 The adequacy of a proposed water system plan for a proposed development project, including the number, size and distribution of fire hydrants, must be reviewed by the Orange County Fire Authority (OCFA). Plans meeting OCFA fire protection requirements must be stamped and approved by that agency. (5) 9.5 The proposed domestic water system plans must conform to all applicable regulations enforced by the Orange County Health Department. Exhibit A Resolution No. 4414 DR 2019-00016, CUP 2019-00017, CUP 2020-0017, LLA 2020-0001 Page 12 WASTE AND RECYCLING (1) 10.1 Construction and Demolition Waste Recycling and Reduction Plan (WRRP) The applicant/contractor is required to submit a WRRP to the Public Works Department. The WRRP must indicate how the applicant will comply with the City's requirement (TCC Section 4351, et al) to recycle at least sixty-five (65) percent of the project waste material or the amount required by the California Green Building Standards Code. A. The applicant will be required to submit a fifty dollar ($50.00) application fee and a cash security deposit in the amount of five (5) percent of the project's valuation as determined by the Building Official, rounded to the nearest thousand. The deposit amount will be collected in accordance with the TCC. B. Prior to issuance of any permit, the applicant shall submit the required security deposit in the form of cash, cashier's check, personal check, or money order made payable to the "City of Tustin". (1) 10.2 Facility Solid Waste Collection and Recycling Plan A. The applicant, property owner, and/or tenant(s) are required to participate in the City's recycling programs. B. Waste and Recycling collection facilities shall be equally and readily accessible by the property owner(s) or tenant(s). C. Waste and Recycling collection facilities must be placed in a location that can be easily and safely accessed by the solid waste hauler while utilizing either front loader or side loading equipment. D. Adequate collection capacity shall be provided to ensure that collection frequency shall not exceed four times per week for commercial customers. Exhibit A Resolution No. 4414 DR 2019-00016, CUP 2019-00017, CUP 2020-0017, LLA 2020-0001 Page 13 E. All trash enclosures shall be designed with roof and be able to accommodate at least two 4-yard bins, with at least one (1) bin reserved for recyclable materials. Space for a container for organics is also required as described in Section 18F below. F. All developments are required to provide space for the collection of organic materials. Organics are collected in 35- gallon and 65-gallon wheeled carts, and 2-yard bins. The size of the organics container will be dependent upon the use and size of the building. Organics can be collected six (6) days per week to minimize the space required for a container. MISCELLANEOUS CONDITIONS (1) 11.1 The applicant shall satisfy dedication and/or reservation requirements as applicable, including, but not limited to, dedication in Fee Title of all required street rights-of-way; dedication of all required flood control right-of-way easements; and dedication of vehicular access rights, sewer easements, and water easements defined and approved as to specific locations by the City Engineer (at no cost to the City) and/or other agencies (5) 11.2 Prior to issuance of any permit, the applicant shall submit an 8 1/2" x 11" street address map exhibit (for proposed water meter) to the Public Works Department for review and approval. The address map exhibit shall be in portable document format (PDF) and shall include the site plan, footprint of building(s), and streets. (1) 11.3 CADD Requirements - In addition to the normal full-size map and plan submittal, all final maps and plans including, but not limited to, tract maps, parcel maps, right-of-way maps, records of survey, public works improvements, private infrastructure improvements, final grading plans, and site plans shall be submitted to the Public Works Department in computer aided design and drafting (CADD) format to the satisfaction of the City Engineer. The standard file format is AutoCAD Release 2009, or latest version, having the extension". All layering and Iinotype conventions are AutoCAD-based (latest version available upon request from the Public Works Department). The CADD files shall be submitted to the City at the time plans are approved, and updated CADD files reflecting "as built" conditions shall be submitted once all construction has been completed. No project bonds will be released until acceptable "as built" CADD files have been submitted to the City. (5) 11.4 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 Exhibit A Resolution No. 4414 DR 2019-00016, CUP 2019-00017, CUP 2020-0017, LLA 2020-0001 Page 14 Public Works Department) shall be required. The fee rate schedule automatically increases on July 1St of each year. (5) 11.5 Prior to issuance of a Building Permit(s), the applicant shall provide written approval from the Orange County Sanitation District (OCSD) for sanitary sewer service connections. (1) 11.6 Any damage done to existing public street improvements and/or utilities shall be repaired to the satisfaction of the City Engineer before acceptance of the tract and/or issuance of a Certificate of Occupancy for the development on any parcel within the subdivision. ORANGE COUNTY FIRE AUTHORITY (1) 12.1 Prior to issuance of a precise grading permit or a building permit, if a grading permit is not required, the applicant shall submit and obtain approval for the following: A. Dispensing from underground storage tank (service code PR305- 310). B. Refrigerant system (service code PR340) if refrigerant is greater than 220 pounds of Group Al or 30 pounds of any other group. C. Liquid carbon dioxide system for beverage dispensing (service code PR350) if carbon dioxide is greater than 100 pounds. (1) 12.2 Specific submittal requirements may vary from those listed above depending on actual project conditions identified or present during design development, review, construction, inspection, or occupancy. Standard notes, guidelines, submittal instructions, and other information related to plans reviewed by the Orange County Fire Authority (OCFA) may be found by visiting www.ocfa.org and clicking on "Business 4 Planning & Development Services" in the menu bar at the top of the screen. (1) 12.3 Temporary/Final Occupancy Inspections: Prior to issuance of temporary or final certificate of occupancy, all OCFA inspections shall be completed to the satisfaction of the OCFA inspector and be in substantial compliance with codes and standards applicable to the project and commensurate with the type of occupancy (temporary or final) requested. Inspections shall be scheduled at least five days in advance by calling OCFA Inspection Scheduling at (714) 573-6150. Exhibit A Resolution No. 4414 DR 2019-00016, CUP 2019-00017, CUP 2020-0017, LLA 2020-0001 Page 15 FEES (1) 13.1 Prior to issuance of each building permit, payment shall 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 plan check and permit fees to the Community Development Department based on the most current schedule at the time of permit issuance. B. Engineering plan check and permit fees to the Public Works Department based on the most current schedule at the time of permit issuance C. OCFA plan check and inspection fees to the Community Development Department based upon the most current schedule at the time of permit issuance. D. Payment of Major Thoroughfare and Bridge Fees to the Tustin Public Works Department are required at the time a building permit is issued. E. Water and sewer connection fees to the Irvine Ranch Water District. F. New construction fee in the amount of ten cents ($0.10) per square foot. G. School facilities fee in the amount as required by Tustin Unified School District. (1) 13.2 Within forty-eight (48) hours of final approval of the 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 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 G RESOLUTION NO. 4415 - CUP 2019-00018 RESOLUTION NO. 4415 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 2019-00018, A REQUEST TO AUTHORIZE OFF-SITE ALCOHOLIC BEVERAGE SALES IN CONJUNCTION WITH A CONVENIENCE STORE LOCATED AT 16791 MCFADDEN AVENUE & 16801 MCFADDEN AVENUE The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application for Conditional Use Permit (CUP) 2019-00018 was filed by Peter Gonzales of 7-Eleven, Inc., a request to serve off-site alcoholic beverages in conjunction with a convenience store, located at 16791 & 16801 McFadden Avenue. B. That the subject property is located within the Retail Commercial (Cl) with Combining Parking (P) zoning district where a variety of commercial uses are authorized. In addition, the project has been reviewed for consistency with the Air Quality Sub-Element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub-Element. C. That pursuant to the C1 zoning district, off-site alcoholic beverage sales establishments are allowable subject to the provisions contained within Tustin City Code (TCC) Section 9271(dd) and Planning Commission Guidelines. D. That a public meeting was duly called, noticed, and held for said application on December 22, 2020, by the Planning Commission. E. That the establishment, maintenance, and operation of the off-site alcoholic beverage sales 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. The proposed hours of operation of the business are the same as the existing 7-Eleven convenience store. The proposed use will not be detrimental to the surrounding properties in that the site as there are other commercial uses in the surrounding area. 2. The proposed off-site consumption of beer and wine in conjunction with a convenience store is consistent with the Alcoholic Beverage Sales Establishment Guidelines, TCC Section 9271(dd), and Ordinance No. 1493 that support Resolution No. 4415 Page 2 economic development opportunities for alcoholic beverage establishments in the City. 3. The type of use proposed and its proposed location are consistent with the distance requirements established for off-site sales of alcoholic beverages in that it is located more than 1,000 feet from K-12 schools. 4. The convenience store is located within a commercial corridor along McFadden Avenue where a variety of commercial, retail, and service station businesses are located. 5. No parking impacts are anticipated as conditioned in Resolution No. 4414 related to joint-use parking. 6. The Tustin Police Department has reviewed the application and with the proposed Conditions of Approval has no immediate concerns. F. This project is Categorically Exempt pursuant to Section 15332 (Class 32) of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Planning Commission hereby approves CUP 2019-00018, a request for authorization for off-site alcoholic beverage sales in conjunction with a convenience store, located at 16791 McFadden Avenue and 16801 McFadden Avenue. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 22nd day of December, 2020. AMY MASON Chairperson JUSTINA L. WILLKOM Planning Commission Secretary Resolution No. 4415 Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, JUSTINA L. WILLKOM, the undersigned, hereby certify that I am the Planning Commission Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 4415 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 22nd day of December, 2020. PLANNING COMMISSIONER AYES: PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: JUSTINA L. WILLKOM Planning Commission Secretary EXHIBIT A CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 2019-00018 16791 MCFADDEN AVENUE & 16801 MCFADDEN AVENUE GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped December 22, 2020, on file with the Community Development Department, as herein modified, or as modified by the Community Development Director in accordance with this Exhibit. The Community Development Director may also approve subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code (TCC). (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified, subject to review and approval by the Community Development Department. (1) 1.3 This approval shall become null and void unless the use is established within twelve (12) months of the date of this Exhibit. Time extensions may be granted if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.4 Approval of Conditional Use Permit (CUP) 2019-00018 is contingent upon the applicant and property owner signing and returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the property owner signing and recording with the County Clerk- Recorder a notarized "Notice of Discretionary Permit Approval and Conditions of Approval" form. The forms shall be established by the Community Development Director, and evidence of recordation shall be provided to the Community Development Department. 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. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Resolution No. 4415 Page 5 (1) 1.5 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. Failure to do so would be a basis for revocation proceeding. (1) 1.6 Any violation of any of the conditions imposed is subject to the issuance of an Administrative Citation pursuant to TCC Section 1162(a). (1) 1.7 CUP 2019-00018 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. If the use is not operated in accordance with CUP 2019-00018, 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 to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the CUP. (1) 1.8 As a condition of approval of CUP 2019-00018, the applicant shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision-making body, including staff, concerning this project. The City agrees to promptly notify the applicant of any such claim or action filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in the defense of any such action under this condition. (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 Approved uses shall operate within all applicable State, County, and TCC. Any violations of the regulations of the Department of Alcoholic Beverage Control (ABC)as they pertain to the subject location, or of the City of Tustin, as they relate to the sale of alcoholic beverages, may result in the revocation of the subject CUP, as provided for in the TCC. USE RESTRICTIONS (1) 2.1 The approval authorizes Type 20 off-site only beer and wine sales. Any changes and/or upgrades to the ABC License shall be reviewed and approved by the Community Development Director. Resolution No. 4415 Page 6 (1) 2.2 Authorization for off-site sales of alcohol in conjunction with the proposed convenience store use is contingent upon the use remaining at the subject site. At such time the use is discontinued, the use permit shall be deemed null and void. (1) 2.3 The applicant shall obtain the appropriate license from ABC for the type of alcoholic sales authorized for the site. A copy shall be provided to the City prior to operating the alcoholic sales. (7) 2.4 The applicant shall provide the first inspection fee as determined by the Community Development. The Community Development Director shall have the authority to require additional fees if determined to be necessary to protect public health, welfare, peace and comfort. (1) 2.5 No sales of alcoholic beverages shall take place after 2:00 a.m. or as limited by the CUP and/orthe Department of Alcoholic Beverages Control. (7) 2.6 All managers and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages. The California Department of Alcoholic Beverage Control must approve said training program. Records of each employee's successful completion of the certified training program required by this section shall be maintained on the premises of the alcoholic beverage sales establishment and shall be presented upon request by a representative of the City of Tustin. (1) 2.7 No person under the age of twenty-one (21) shall sell or deliver alcoholic beverages. (1) 2.8 The off-site alcoholic beverage sales area within the building shall not occupy more than 10 (ten) percent of the gross floor area. (1) 2.9 The gross annual sales of alcohol shall not exceed fifty (50) percent of all sales within the establishment. (***) 2.10 All beverage cooler doors shall be installed with a remote locking system. (7) 2.11 Refrigerated single serving beverage containers shall be located in an enclosed refrigeration unit no less than ten (10) feet from the point of sale and a minimum of five (5) feet from the entrance to the premises. (7) 2.12 No display, sale or distribution of alcoholic beverages shall be made from an ice tub, barrel or similar container. Resolution No. 4415 Page 7 (7) 2.13 Alcoholic beverages in containers of less than sixteen (16) ounces cannot be sold by single containers, but must be sold in pre-packaged multi-unit quantities. (7)) 2.14 There shall be no coin-operated games maintained on the premises at any time. (7) 2.15 Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. (7) 2.16 A timed-access cash controller or drop safe must be installed. (7) 2.17 A silent armed robbery alarm must be installed and operable at all times. (1) 2.18 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 of Tustin. (7) 2.19 The owner or manager of the licensed premises shall maintain on the premises a written security policy and procedures manual, which have been approved by the Tustin Police Department, addressing at a minimum the following items: A. Identify individuals who are responsible for the premises. The list shall include contact information such as name, address, phone number, etc. and the list shall current and accurate. B. Handling obviously intoxicated persons. C. Establishing a reasonable ratio of employees to patrons, based upon activity level, in order to monitor beverage sales and patron behavior. D. Handling patrons involved in fighting, arguing or loitering about the building and in the immediate adjacent area that is owned, leased, rented or used under agreement by the licensee(s). E. Verifying age/checking identification of patrons. F. Calling the police regarding observed or reported criminal activity. (7) 2.20 If there is a marked or noticeable increase in the number of police-related incidents on or near the premises, as such increase may be determined by the Chief of Police, the applicant may be required to provide state- licensed, uniformed security guards at a number determined by the Chief of Police. Resolution No. 4415 Page 8 (7) 2.21 There shall be no window coverings or advertisements that reduce the visibility inside of the business. (7) 2.22 All signs shall comply with the Tustin Sign Code and the following: A. There shall be no exterior advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. No interior displays of alcoholic beverages or signs which are clearly visible to the exterior. B. The applicant shall post "NO LOITERING" sign prohibiting loitering on the exterior of the premises. (1) 2.23 No sexually oriented businesses shall be conducted on the premises without approval by the City of Tustin in accordance with the TCC.