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HomeMy WebLinkAbout01 101 TUSTIN AVE. 08-20-01AGENDA REPORT NO. 1 08-20-01 MEETING DATE' TO: FROM' SUBJECT: AUGUST 20, 2001 600-20 WILLIAM HUSTON, CITY MANAGER COMMUNITY DEVELOPMENT DEPARTMENT APPEAL OF PLANNING COMMISSION APPROVAL OF CONDITIONAL USE PERMIT 01-010 AND DESIGN REVIEW 01-007 (101 TUSTIN AVENUE) SUMMARY On July 23, 2001, the Planning Commission adopted Resolution No. 3791 approving Conditional Use Permit 01-010 and Design Review 01-007 to construct a 2,158 square foot coin-operated carwash at 101 Tustin Avenue. The Planning Commission's decision was appealed on July 30, 2001, by Nathan Menard, representing a number of residents of Old Town Tustin (Attachment A- Appeal and Petition). Applicant' Appellant: Owner: Martin Coda Nathan Menard, Representing Old Town Tustin GAF Tustin Avenue, LLC, c/o Fowler Flannigan Technology Partners RECOMMENDATION That the City Council take action on one of the following alternatives: , Adopt Resolution 01-82 (Alternative #1) approving Conditional Use Permit 01- 010 and Design Review 01-007; , Adopt Resolution 01-82 (Alternative #2) denying Conditional Use Permit 01- 010 and Design Review 01-007; or, . Take other action as deemed appropriate. FISCAL IMPACT At the Appellant's request, Appeal fees were waived by the City Manager. City Council Report CUP01-010 and DR01-007 August 20, 2001 Page 2 ENVIRONMENTAL Approval of this project would be Categorically Exempt pursuant to Section 15303, Class 3 of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). PROPOSAL The proposed coin-operated carwash building is 2,158 square feet and includes four (4) drive-through carwash bays and a mechanical room. The property is located on the northeast corner of Tustin Avenue and First Street and in the Central Commercial (C-2) Zoning District (Attachment B- Location Map). In accordance with Section 9232b(k) of the Tustin City Code, a Conditional Use Permit is required for the carwash. The new construction also requires design review in accordance with Section 9272a of the Tustin City Code. The carwash is considered an auto service and therefore is subject to the City Council's Auto Service Design Guidelines. BACKGROUND AND DISCUSSION On July 9, 2001, staff recommended that the Planning Commission deny Conditional Use Permit 01-010 and Design Review 01-007 due to the following issues regarding the project (Attachment C - Staff Reports, Resolution, and Planning Commission Meeting Minutes from July 9 and July 23, 2001)' · Over-concentration of automotive uses within the area; · The potential for security and code enforcement problems due to the unsupervised, 24-hour operation; · The proposed orientation of the building which allows direct view into the carwash bays and is inconsistent with the City Council's Auto Service Design Guidelines; · The large amount of proposed hardscape (55 percent of the site) for parking, circulation, and queuing; and, · The location is in an area which is a gateway into the City from the west; development on this property would set a precedent for any future development on vacant lots within the vicinity. After due consideration of the project and public testimony on July 9, 2001, the Planning Commission directed staff to draft a resolution with additional conditions of approval for their consideration at the July 23, 2001, Planning Commission meeting (Attachment C). These conditions were added to mitigate the concerns raised by staff and members of the Planning Commission. To address maintenance concerns, conditions relating to the following were added' City Council Report CUP01-010 and DR01-007 August 20, 2001 Page 3 If there is a future maintenance, security, and/or other nuisance problem, the applicant would be required to provide additional mitigation. Storage of buses, trucks, cars, or similar vehicles would be prohibited. Requirement that the property owner be responsible for towing abandoned vehicles within 24 hours and that appropriate posting on the site be provided. No banners would be permitted on the property except those.permitted by the City of Tustin Sign Code and the property owner would be responsible for removing unauthorized banners and signs within 24 hours. To address design concerns and enhance the aesthetics of the project, conditions relating to the following were added' A decorative paving band at the access to the site and landscaping would be provided. Brick cap stones would be added to the front wall. The hip roof would be modified to be consistent on all sides of the building. The vacuum equipment would be screened from public view. Electric and gas meters, change machines, and dispensers would be screened from public view. The trees proposed around the perimeter of the site planted for screening purposes would be increased in size to 48 inch box and 60 inch box sizes. At the July 23, 2001, meeting, staff also provided the Planning Commission with a survey of the number of auto related uses and carwashes within a mile radius of the project site. The survey concluded that the proposed carwash would be the ninth (9th) carwash within a one (1)-mile radius of the project site and that there are twenty-two (22) other auto related uses within this same mile radius (Attachment D- Survey of Uses). After consideration of the new information provided at the meeting, the new and modified conditions of approval, and public testimony on July 23, 2001, the Planning Commission approved l~he proposed coin operated carwash facility. An appeal of the Planning Commission's decision was received from Nathan Menard representing Old Town Tustin City Council Report CUP01-010 and DR01-007 August 20, 2001 Page 4 residents, on July 30, 2001. The appellant is concerned about the saturation of carwashes in the western side of Tustin; the visibility of the carwash bays, the unsupervised business attracting loitering and possibly increasing gang activity; and, that the site is a gateway to Tustin and would negatively impact the immediate area and the future of Old Town Tustin (Attachment A). ALTERNATIVES If it is the desire of the City Council to uphold the Planning Commission's decision to approve Conditional Use Permit 01-010 and Design Review 01-007, Resolution 01-82- Alternative #1(Attachment E) is provided for consideration. If the City Council desire is to deny Conditional Use Permit 01-010 and Design Review 01-007, Resolution 01-82 - Alternative #2 (Attachment F)is provided for consideration. L~i ,~,: Ludi ~ - .Associate Planner Elizabeth A. Binsack Community Development Director S :ccrpt/cu p01 - 101 a ppealS-20.d oc Attachments' A- Appeal and Petition from Nathan Menard, Representing Old Town Tustin B - Location Map C- Staff Reports, Resolution and Planning Commission Meeting Minutes from July 9 and July 23, 2001 D - Survey of Uses E - Resolution 01-82 - Alternative #1 F- Resolution 01-82-Alternative #2 ATTACH M NTA NATHAN MENARD, AIA July 30, 2001 Ms. Elizabeth Bensack Director- Community Development City of Tustin 300 Centennial Avenue Tustin, CA 92780 Appeal of Conditional Use Permit 01-010 Dear Ms. Bensack: This letter is a formal request to appeal, the approval of Conditional Use Permit 01-010 by the City of Tustin Planning Commission on Monday, July 23, 2001. The reasons for this request are based on the review of the "Report to the Planning Commission" and a desire to have either a retail or office use located at the western entrance to Old Town Tustin. · - A much more passionate appeal is outlined in the attached copy of my comments delivered tc~.the ...... Planning Commission on Monday, July 23, 2001 during the public hearing portion of the meeting. Also attached are copies of petition signatures obtained to request that the City Council over-turn the approval of Conditional Use Permit 01-010. Respectfully, Nathan Menard, AIA 345 WEST SIXTH STREET · TUSTIN, CALIFORNIA · 92780 PHONE: (714) 832-1666 · E-MAIL' ndmenard(~laol.com July 23, 2001 Conditional Use Permit 01-010 and Design Review 01-007 Applicant: Martin Coda Property Owner: Greg Fowler & Nancy Mauriello Location' 101 Tustin Avenue Zoning' Central Commercial (C-2) Comments to the Planning Commission' Madame Chair, CommiSsioners and staff (state name & address). I have been a resident of'Old Town Tustin for nearly ten years. ! come to. the Planning Commision for the first time to speak as a concerned citizen. I have read the staff report' for the proposed project several times and feel I must reiterate that Alternative 1 of the report was a recommendation by staff to deny approval. The report provides adequate information to conclude that the western side of Tustin. is in fact saturated with car wash facilities both coin operated and full service. The report identifies that the' use is not in compliance with the specifications stated in the "Site Design Order of Preference". A letter of good faith can not hide the bays and activities of a car wash, Especially when the building is situated on the. site so that the most prominenet view of the bays and visual intrution ~ould occur not at the burmed and landscape perimeter of the side, but at the peak of the 55 freeway over-past This elevated view will potentially look straight down into. the actual carwash operations and bays when heading west. Downtown Tustin merchants have recently been tagged and vandilized by gangs. Reguardless of the hours of operation, this type of unsupervised business will. potentially become a magnet for loitering and invertently increased gang activity in the Downtown Tustin area. The report al,so touches on the most important issue; which is the perception of this use at a prominent intersection, that happens to be located at the gateway to our City and more importantly Old Town Tustin. This potential project would be located on the boundary of our historical' resources and may significantly impact the future integrity of the Old Town Tustin. enviro.nment. I sincerely request that each of you consider denying approval of the Conditional Use Pre.mit for this project. My neighbors and i want to see the Old Town Tustin area revitalized. Approving this use will" not help us in our efforts make this desire a reality. The residents of Old Town Tustin deserve to be heard on this. issue. We are at the forefront of the revitalization., process by restoring our .homes, our neighborhood, our community and the downtown area. Approving this project may cause an adverse effect on the future of Old Town Tustin. In Closing' I apologize for not being able to attend the last Planning Commission meeting on July 9th when this issue was originally discussed. · I apologize for anything that may have appeared harsh and not what the applicant, the property owners and their consultants may have wanted to hear. I apologize in advance for the future resistance that will be demonstrated if this proiect's Conditional Use Premit and Design Review is approved tonight. I HOPE that these apologiZes today will prevent future apologizes to the residents of Tustin and specifically my Old Town Tustin neighbors. Thank you for allowing us to be heard. Do you have any questions? ......... "~. PETITION ".-~ '~.',,-.: " · · -':' :': CITY OF.TUSTIN · .. . CONDITIONAL USE'PERMIT 01-010 for a coin-operated carwash to be located at 101 Tustin' Avenue (Corner of Tustin Avenue & First Street) was approved .by the City of Tustin - Planning Commission during the Monday, July 23, 2'001 meetihg by a 3-to-2 vote. This petition by the friends and neighbors of Old Town Tustin are 'requesting that the CitY Council over-turn this decision through an apPeal process. Si inature Print Name Address PETITION '~'~ CITY OF .TUSTIN CONDITIONAL USE PERMIT 0'1-010 for a coin-oPerated carwash to be located at 101 Tustin Avenue (Corner of Tustin Avenue & First Street) was approved by the · City of. Tustin - Planning Commission during the Monday, July 23, 2001 meeting by a. 3-to-2 vote. This petition by the friends and neighbors of Old Town Tustin are requesting that the City Council over-turn this decision through an appeal process... Si nature Print Name. Address 6 ~' ~~,['" ~f ..... , _ , - .- ..... ,.... ~3 , , ......... . ~4 i .................. , , , ~5 .... , ...... , .................... . . , ~, , ............... ~ , , ~7 ........ , ............... ................... ~ ........ 20 ............ ............... 22 · . , , , ..... , , , ....... . 23 · , , ..... ~ ........ 24 ,, , , ,, , , ........................ ........................ . 2~ . ' , , , , , , , ,i .... , , , . 27 ........... ~ , 28 ., ............... _ .... , ...... 30 ...... ~ ............ PETITION CITY OF .TUSTIN CONDITIONAL USE PERMIT 01-010 for a coin-operated carwash to be'located at 101 Tustin Avenue (Corner 'of Tustin Avenue & First Street) was approved by the City of Tustin - Planning Commission during the Monday, July 23, 2001 meeting by a 3-to-2 vote. This petition by the friends and neighbors of Old Town Tustin are requesting that the City Council over-turn this decision through .an appeal process. Print Name Address .Ch ............. ~ t ' T~ , ...... ....... ~. . .. '~~~ ~ , . . . ~ ....... '~~/ ~ g · ,, ~ .......... · ................... ' .... ....... . ... , ..................... . .... -- -~ ~ ' ~ --. _ ,, 16 ...... , ,,, ,, , , ............ , , ,, , 17 , , .............. . ., , .... .. 18 ........... , ..................... 19 20 ~,, ,, ,, , , ,,,, ,, ,, , , , , ..... , ....... , ..... 21 ........... , , , , , , , , ............. 22 .... , ................. , = 23 ............... , ........ 24~ , , ,1 ,, ~, ......................... 25 , ,, , ,, , ,, , , .... ,, , .............. 26, , , , ,, , , , , ,,, ,, , , , , , ........ 27 . ..... , ..... 28 ...... , , , ..... , ..... , .... , =. 29 . - , , , , , ........... , , .... 30 ............ , .... , ....... , ........ ATTACH M NTB LOCATI 0 N MAP 14811 14841 14851 165 Y 149.11 .~: · 177 I' 173 16,3 151 I ~4,3 155 I I 165 k.I II ,~COND STR[ET 235 250 26O 255 2?O .280 275 ' 310 315, 320 · · 325 330 .. , 335 340 ~4~ 350 , TRACT~ 33~ ' ~/..:. .:,'.*.?'--.,.'..~':.. · ,: .~,:.~< ..:.. ':' , . -.,¥ " 13"u ' ....... 143.4.5,47,49 ', , 140 155 · 150 165 160 , 17.5 170 185 180 .. 195 190 2O5 200 , 215 210 230 225 240 255 250 ~ ~ . ~ ~ 280 ...... .3:~4 320 3.3O ~ ,~ _334' 3,10 ~ 344 ,, ATTACH M NT C 7:02 p.m. Given All present Staff present Approved Continued 7:04 Ludi Jennings Staff MINUTES TUSTIN PLANNING COMMISSION REGULAR M EETI NG JULY. 9, 2001 CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL Elizabeth Binsack, Community Development Director Doug Holland, Deputy City Attorney Doug Anderson, Senior Project Manager-Transportation Karen Peterson, Senior Planner Lori Ludi, Associate Planner Eloise Harris, Recording Secretary PUBLIC CONCERNS--'None CONSENT CALENDAR APPROVAL OF MINUTES- JUNE 25, 2001, REGULAR MEETING. It was moved .by Kozak, seconded by Davert, to approve the Consent Calendar. Motion carried 5-0. · · PUBLIC HEARINGS CONDITIONAL USE PERMIT 01-010' AND DESIGN REVIEW 01-007 A REQUEST FOR AUTHORIZATION TO CONSTRUCT A 2,158 SQUARE FOOT COIN- OPERATED CARWASH. THE PROJECT IS LOCATED AT 101 TUSTIN AVENUE IN THE CENTRAL COMMERCIAL (0-2)ZONING DISTRICT. Recommendation: That the Planning Commission: , Deny Conditional Use Permit 01-010 and Design Review 01-007 by adopting Resolution 3791 (Alternative 1 ); , Approve Conditional Use Permit 01-010 and Design Review 01 -'007 by adopting Resolution 3791 (Alternative 2); or, . Take other action as deemed appropriate. The Public Hearing opened. Presented the staff report. Asked where .the .third coin-operated carwash is iocated~ Answered that carwash is located on Edinger in Jamboree Plaza; the other two are located on First Street and on El Camino Real east of Newport Avenue. Kent R0bertson, consultant to Martin Coda Martin Coda, applicant Jennings Mr. Robertson Kozak .. Mr. Robertson Tom Salterelli, applicant's attorney 7:35 'p.m. Davert · Kozak Thanked the Com'mission for considering the application; stated the time is right for a project on a site that has · been vacant for ten years; .and, presented itemized reasons .the Planning Commission should reject staff's recommendation of denial. Read a prepared statement, reiterating some of Mr. Robertson's points and stressing the success Of a similar carwash he has operated without negative impact in the City of Piacentia for twenty years. Asked for the source of the statistic .6' carwashes per 10,000 Population. Answered the A~uto Laundry News, June 2001. Asked 'if the Stall capacity is intended to serve RVs with catwalks on the inside.. Answered in the negative. Stated that staff did a good job 'analyzing all the factors' .involved in this project; noted this has been and will continue to be a problem parcel; this is a fringe area of the City which has seen little investment; First Street was never planned as a gateway to the City; this project at this location should be'considered' by the Planning Commission and City Council as a benefit to the City; and, asked the Commission to consider the Project in light of the fact there are very few self-service bays in 'the City. · The Public Hearing closed. Thanked. staff for a thorough report; indicated he met with the .applicant's representative to discuss the project; noted he had visited the site; stated he has been an advocate for Old Town Tustin; disagree.d that this isa gateway to Tustin, but it is an entrance to the Old Town area to which the Planning Commission should be sensitive; stated this site is a dying area that has'been abandoned 'for ten years; Caitrans encroached on the property when the' First Street bridge was widened, reducing the site to an almost useless parcel; stated this project seems the perfect use for the site; the over- concentration issue is a marketplace decision; three coin- operated carwashes 'in the City do not Seem too many; the facility on First Street is packed on' weekends; the environmental issue should not be' overlooked---the more people who wash their cars in a facility like this, the less run-off goes into the treatment facilities; there .was not a similar overconcentration analysis done when Wendy's was approved even though there were several similar uses nearby; restrictions should be imposed faidy; late- night restrictions were not imposed on the last two applicants and should not be imposed on this applicant; unlike the carwash on First Street, this site would, not infringe upon the rights of neighbors; property rights, are a legitimate issue; and, stated 'his desire to approve the project without conditions regarding limited hours and requiring roll-up doors. Stated his appreciation for'.the hard work of applicant and staff; 'stated he visited the site and attempted'to visualize Minutes- Planning Commission July 9, 2001 - Page 2 Pontious Director Jennings Hamilton how the structure would sit on the site; agreed that this is a difficult site for development; stated this is not a preferred use but this 'is' the only proposal before the Commission; stated he struggled with the two alternatives available; and, offered the following suggestions which might persuade the Commission to support the' project: · The landscape rendering shows trees 10-15 'years old, and the perimeter trees should be larger in size. There is a lot of concrete; more natural materials should be used along Tustin and First Street to soften the appearance of the concrete and provide more curb' appeal; a.t the entrance, a natural brick 'band similar to separators between private streets and public rights-of-way could be implemented. There appears to be a block wall along 'Tustin Avenue; natural 'materials would improve that appearance. Looking at the Site from First Street, there is a 8-9 foot drop which the hip roof exaggerates; a peaked roof on the 'mechanical building would improve that appearance. The vending boxes shown on the front of the mechanical building facing Tustin could be placed on. the' west side of the building Where other boxes are proposed. ' The unsightly appearance of the vacuum islands is the biggest Concern; the Union 76 station at 17th. Street in Santa Aha has a vacuum system that has a series of ports that are visible during operation; incorporating something similar into this design would be necessary in order for him to support this project. .The roll-up doors could be eliminated. Stated her concurrence with Commissioner Kozak's suggestions; and, asked staff for suggestions. Answered that, depending upon the consensus of the Commission' 1. The matter can be continued, asking applicant to redesign the project to .incorporate the Commission's concerns and comments; or, 2. Staff can bring a resolution of approval to the next meeting which identifies all.the conditiOns the applicant would need to comply with during plan check. Stated. she would not be able to support this project; while she is sympathetic to the property owner's concerns, she views this site as a gateway into Old Town; there are too many automotive businesses on .First Street; the project is being referred to as a marketplace'decision rather than an overc0ncentrated land use decision; even though the site is a vacant lot, stated she does not consider it a blight; and, stated her wish to wait until a better solution is found rather than allow another automotive-related business approved.for FirSt Street. Stated he also met with Mr. Salterelli, the applicant's attorney; agreed the area nee.ds investment, but stated the following reasons for his unwillingness to approve the project: · Minutes - Planning Commission July 9, 2001 - Page 3 Pontious Davert Director Kozak Davert o Police concerns with problems in this area. o Concentration of carwashes seems to be in west Tustin and might exceed the .6 carwashes per 10,000 statistic. - The. inherent problem is that screening the bays from public view creates a security issue which presents a dilemma in terms of the policy issue. - The General Plan 'provides the overriding umbrella created by the City and that alone is enough reason to deny the project. · The abandonment of cars is a vaild issue since last night there were three abandoned cars on the property to the north. Stated she also met with Mr. Saiterelli; commended staff for their excellent work; took exception to' comments regarding staff made by the applicant's representative, Mr. Robertson; noted her record for voting against auto uses, both as a Planning Commissioner and former City Councilmember; stated this is a difficult site for which this might be the best use available despite her disbelief in the "something-is-better-than-nothing" argument; thanked Commissioner Kozak for his suggestions and recommendations which addressed a number of concerns; .suggested revisions which would eliminate the condition regarding the hours of operation .restriction and the roil-up doors and add a condition to revisit the issue of business hours based upon police determination that the site may attract late-night problems; and, asked for a condition that the owner would be responsible for towing any cars left on site overnight and, upon notification, cars would be towed. Agreed that security and maintenance issues should not be punishable based on other sites;' and, supported Chairperson Pontious' suggestion' of further conditioning the project along those lines. IndiCated there were two options' 1. Continue the project and ask that the applicant come back with a revised plan including the ideas presented by the Planning Commission; or, 2. Ask staff to bring back a resolution in two weeks that conditions the items discussed and have staff review the project at plan check. The benefit to the applicant by approving it in .two weeks is that timeframe would start the appeal period. If applicant is in the due diligence process, he will have a decision much sooner. The architect may not be able to 'respond to what the Planning Commission is looking for in two weeks. Staff can articulate the conditions and the direction presented this evening. Noted there was not consensus among the Commissioners regarding approval versus disapproval of this project; and, stated he would like to see it come back to the Commission. Suggested directing staff to come back in two weeks with a resolution of approval; and, asked the applicant if it would be. possible to respond to the Commission's concerns regarding the design between now and then. Minutes - Planning Commission July 9, 2001 - Page 4 Mr. Robertson Kozak Davert staff Davert Jen'nings Davert Hamilton Director' Hamilton Director Kozak Anderson Answered 'that the. applicant is willing to stipulate, to everything suggested except for the vacuums; creating a mechanical vacuum system remote from .where the vacuums are is infeasible for a coin-operated system; the vacuums proposed are stainless steel and will not degrade. Noted his Understanding of the problem' stated he does not want. to' see the vacuums; and,' asked applicant to devise a method of disguising them. · . . Noted the Commission had talked about the General Plan and the 'Specific Plan; and, asked if this site is within the First Street' Specific Plan. , Responded negatively; it is'within the Central Commercial (C-2) zoning district. NOted the' struggle, involved in the .site selectiOn order of preference' for similar projects in the past--there have been as ..many exceptions as compliances; and, stated conflicting provisions and inconsistent policies are not. reasons to punish applicants. Stated. sl~e also met with Tom Salterelli to discuss this project; noted that walking across the First Street bridge does change the perspective but not many people walk across; stated her comment.about the marketplace was a reference to staffs comments regarding the proliferation of carwashes; and, stated that police issues in conflict with the design guidelines may be another reason to deny the project. Stated this is a corner lot shielded on three sides, and the only visibility issues' are for-a short distance on Tustin Avenue. Stated his desire to have the Commission's options fully documented; and asked, for. appeal purposes,, if the applicant could withdraw and resubmit. " Answered the typical format would be to continue the matter for a certain period of time; coming back in two weeks speeds, up the ability of applicant and others .to appeal; applicant is in the due diligence phase 'now; applicant would have .a final answer sooner if the · resolution is brought to'the next meeting. ASked if a continuance is an option. Responded affirmatiVely,' the difference being whether Or' not the Planning' Commission sees the plan or asks staff to review the plan at plan check. Asked the Traffic Engineer whether the proximity of the drive to the comer of. Tustin and First creates left turn problems on southbound Tustin, conflicting with' a vehicle coming from First Street and rounding the corner onto Tustin. ReSPonded that issue was addressed at the first plan check; the traffic counts during the southbound peak hours were 507-600 vehicles in a one-hour period; the ,, Minutes -- Planning Commission July 9, 2001 -- Page '5 Kozak .., two lanes can easily accommodate 1,700 vehicles per .hour; no problems are expected in the foreseeable future; and, stated staff foresees no problems with ingress and egress involving the left turn into the site and left turn out of the site. Recommended ..the properly owner post the site, 'citing the. Vehicle Code regarding the removal of abandoned vehicles; and, asked that a condition also be included regarding the removal of banners'from the Caltrans fence within 72 hours. Hamilton Asked that Condition 2.5 be amended to include storage of automobiles. Director Recapitulated the following Commission and staff: items suggested by' the · Reduce or eliminate the hours of operation condition; staff suggested adding language that allows, staff to annually review and add conditions as necessary, reducing police involvement. .o Condition 2.5 modified to include storage of automobiles and similar types Of vehicles.' - Add a condition requiring larger trees at installation, allowing, some visibility, to protect the security of the site. . - Add more natural materials consistent .with the architecture along the walls and at the entrances, but allowing for vehicle traffic. o Add. a condition.relating to towing vehicles. o Provide consistency between the rooflines with peaks ~ at both locations. o Regarding the.vending boxes and vacuum machines, include a condition requiring the applicant to consider alternatives not previously explored. · - Add a condition relating to signs and the removal of banners within a specified time. .Kozak Director Indicated the Director had covered all his comments. ., Stat~ed' staff will return in two weeks with a resolution of approval with additional findings to support the conditions identified at which time the Planning Commission will have an opportunity to review and act on the resolution. It was moved by Davert, .seconded by Kozak; to continue this item to the July 23, 2001, Planning Commission meeting, directing staff to prepare a resolution of approval incorporating the 'conditions provided by the Planning Commission. Mr. Saiterelli Director Stated for clarity that the applicant could stipulate to all of the conditions except the vacuum machines; stated it will not be possible to install an underground system at this location; and, asked that applicant work with staff on a screening alternative. '. Motion carried 4-1. Stated the appeal period on this application will not .begin Until the Commission takes action on the revised resolution. Minutes- Planning Commission July 9, 2001 - Page 6 Hamilton Holland Pontious and filed Requested to adopt similar ations for the Planning ' ' be placed on the uly 23, 2001 ,'Consent Cai Director reported Hamilton . . Se Stated his' misunderstanding 'of the vote, desired to vote against the motion, and asked Commissioner Davert to .. reframe the motion.' .. · . Indicated the Planning Commission will have the opportunity at the next meeting, to vote, yea or. nay on the resolution; and, stated the Chair has.the .ability to entertain a 'motion' for reconsideration. Asked for a motion .for reconsideration. It was moved, by Hamilton, seconded by Jennings, to reconsider the motion.. Motion to reconsider failed 3-2. REGULAR BUSINESS , Tustin' 'City COde regulations regarding front yard fencing. · City COuncil Resolution No. 01-68 adopting regulations' for public' input and decorum. Recommendation': That the Planning Commission take action as deemed appropriate. STAFF CONCERNS Report on Actions taken at the July 2, 2001, City Council Meeting. The 'City Council considered the gate policy; staff was directed to allow gates to be'locked based upon requests by i~dividual homeowners' associations' to modify condition. Th~ 'COuncil adopted Interim 'Urgency Ordinance 1241 lated to office uses in the C-2 district,, finding that any of more than 50 percent of the total floor area or any area on the first' floor would require a condition~ se permit; an additional finding would' be 'required to .; will be Valid another Interim be valid for 10 staff will go th permanent ord Planning Commission recommendation to Ordinance 1241 passed on ~ · an office use; the Interim Ordinance 45 days at which time staff, will take to the City Council that would hs and 15 days during ,which time the'.process of developing a hich. will be brought to the public hearing and formal' .ouncil; Interim Urgency r-fifths vote. The Board of Appeals workshop the future. be rescheduled in The Driveway Code Amendment is forward with new language regarding .amortizations the time involved for individuals to comply; a copy wil ' ' to the Planning Commission as an information ~. Asked if the expired. Enderle Center signage dead Minutes- Planning Commission July 9, 2001 - Page 7 Report to the Planning Commission ITEM #2 DATE: JULY 9, 2001 SUBJECT: CONDITIONAL USE PERMIT 01-010 AND DESIGN REVIEW 01-007 APPLICANT: MARTIN CODA 965 SOUTH HARVARD CIRCLE ANAHEIM, CA 92807-5020' PROPERTY OWNER: GAF TUSTIN AVENUE, LLC ATTEN' GREG FOWLER & NANCY MAURIELLO cio FOWLER FLANNIGAN TECHNOLOGY PARTNERS 80 SIR FRANCIS DRAKE, SUITE 3 LARKSPUR, CA 94939 LOCATION' 101 TUSTIN AVENUE ZONING: CENTRAL COMMERCIAL (C-2) ENVIRONMENTAL STATUS' APPROVAL OF THIS PROJECT WOULD BE CATEGORICALLY EXEMPT PURSUANT TO SECTION 15303, CLASS 3 OF TITLE 14, CHAPTER 3 OF THE CALIFORNIA .CODE OF REGULATIONS (GUIDELINES FOR THE CALIFORNIA ENVIRONMENTAL QUALITY ACT); DENIAL OF THIS PROJECT WOULD BE EXEMPT PURSUANT TO SECTION 15270, TITLE 14, CHAPTER 3 OF THE CALIFORNIA CODE OF REGULATIONS (GUIDELINES FOR THE CALIFORNIA ENVIRONMENTAL QUALITY ACT) WHICH STATES THAT CEQA DOES NOT APPLY TO PROJECTS REJECTED OR DISAPPROVED BY A PUBLIC AGENCY. REQUEST: AUTHORIZATION TO CONSTRUCT A 2,158 SQUARE FOOT COIN- OPERATED CARWASH. RECOMMENDATION That the Planning Commission take action on one of the following alternatives: 1. Deny Conditional Use Permit 01-010 and Design Review 01-007 by Resolution 3791 (Alternative 1); adopting Planning Commission Report CUP 01-010 & DR 01-007 July 9, 2001 Page 2. 2~ Approve Conditional Use Permit 01-010 and Design Review 01-007 by adopting Resolution 3791 (Alternative 2); or, 1 Take other action as deemed appropriate. Staff is recommending Alternative 1, denial of this project. BACKGROUND The applicant is requesting approval to construct a 2,158 square foot coin-operated carwash. The property is zoned Central Commercial (C-2). In accordance with Section 9232b(k) of the Tustin City Code, a Conditional Use Permit is required for the carwash. The new construction also requires design review in accordance with Section 9272a of the Tustin City Code. The carwash is considered an auto service and therefore is subject to the City Council's Auto SerVice Design Guidelines. Site and Surrounding Properties The vacant site is located on the northeast corner of Tustin Avenue and First Street. A service station was previously' located on the project site and was demolished in 1991. Since .then the property has remained vacant. The parcel is .8 acres in size (35,676 square feet). Current access to the site is provided from Tustin Avenue. The property is surrounded by the SR-.55 freeway to the east, the Revere House Restaurant to the south, an office to the north, and a vacant automotive retail building to the west (Attachment A- Location Map). Site Selection Justification The Auto Service Design Guidelines (Attachment B) were adopted in August 1998, to regulate the development of all auto service facilities such as carwashes, service stations, drive- through oil change facilities, etc. The "Site Design Order of Preference" within the Auto Service Design Guidelines, describes the design and development preference order for auto services. The Guidelines state that the facilities should be constructed...',On a .corner lot designed so the service bays are oriented away from .public view." The applicant has provided written documentation demonstrating efforts in designing the facility with the carwash bays oriented toward the interior of the property and screened from public view, in accordance with the "Site Design Order of Preference." This written documentation is included as Attachment C 'and is required in accordance with the Auto Service Design Guidelines. The written documentation contains the applicant's rationale for the proposed facility and documents their efforts to comply .with the Site Selection Order of Preference for an auto service facility. Planning Commission Report CUP 01-010 & DR 01-007 · July 9, 2001 Page 3 DISCUSSION The proposed coin,operated carwash building is 2,158 square feet .and includes four (4) drive-through carwash bays and a mechanical room. The hip-roof structure is twenty-two and a half (22~) feet tall and constructed with a stucco finish and tile roofing (Attachment D - Floor ~lan and Elovations). ^ six (6) foot el[Iht (8) inch masonry block wall is proposed along the north property line to buffer the adjacent office development from the proposed facility (Attachment D -Site Plan). Land Use Carwashes are conditionally permitted uses within the C-2 Zoning District. However, development of another carwash would create an over-concentration of carwash facilities in the west part of Tustin. There are eleven (11) carwash facilities within the City. The following list shows the existing carwashes located within two (2) miles and three (3) miles of the proposed carwash in Tustin and Santa Ana city limits and all other carwashes within the Tustin city limits. Two (2) Miles' 1. 17241 Irvine Blvd. - Chevron Service Station and Carwash- Drive Through (Under Construction) 2. 103 E.'First Street - Crystal Clean Carwash- Coin-Operated, Self Service, 24 hour 3. 240 E. First Street- Tustin Plaza Auto Wash- Full Service Carwash 4. 535 Main Street- Tustin Auto Wash - Full Service Carwash 5. 112'2 El Camino Real- Kings Highway Carwash - Coin-Operated, Self Service, 24 hour 6. SE Corner Tustin Avenue & Fourth St. - Santa Ana- Chevron Service Station- Full Service Carwash 7. NE Corner Tustin Avenue & Fourth St., Santa Ana - , Shell Service Station- Drive Through 8. NW Corner Chestnut & Grand Avenue, Santa Ana- Thrifty Oil Co. Service Station- Coin-Operated Carwash Planning Commission.Report CUP 01-010 & DR 01-007 July 9, 2001 Page 4 Three (3) Miles' 9. 13871 Red Hill Avenue - 10. 1501Nisson Rd. 11. SW Corner Edinger & SR55 Freeway, Santa Ana 12. NW Corner Tustin Ave. & Seventeenth Street, Santa Ana - Red Hill Carwash- Full Service Carwash Cafb Auto Spa- Full Service Carwash Texaco Service Station- Drive Through Mobil Service Station- Drive Through Tustin City Limits'. 13. 3091 EdingerAvenue- All Hands Carwash- Full Service Carwash 14. 3091 Edinger Avenue - AAA 24 Hour Carwash & Detail Center/100% Hand Carwash -Coin-Operated, Self Service, 24 Hour 15. 2762 El Camino Real - Beacon Bay Auto Washes- Full Service Carwash 16. 13131 Jamboree Shell Service Station & Carwash - Drive-Through The site is located at a prominent intersection within the City and is a major gateway into the City from the west. With such a prominent location the site plan, architectural design, building massing, design details, architectural form, and site amenities of the project and compatibility with the surrounding area are very important to the image and appearance of the community. A carwash may not be the most optimal use for such an important site. Any project on this site would set a precedent for future development in the west part of the City, may encourage the proliferation of auto-related facilities in the area, and may preclude the preferred development of future retail and office specifically along First Street. Site Design, Architecture, and Landscaping The building is oriented at an angle from the two street frontages. The skewed building placement was an attempt to avoid direct visibility into the carwash bays from public view. The building is a nondescript style of architecture with stucco walls, and a clay tile roof. The proposed design lacks articulation and character. Twenty-one (21) percent of the lot is landscaped. The applicant proposes to buffer the carwash bays from public view with a hedge row and evergreen, trees. Planning Commission Report CUP 01-010 & DR 01-007 July 9, 2001 Page 5 The proposed site design is not in compliance with the specifications stated in the "Site Design Order of Preference" in the Auto Service Design Guidelines and' causes a visual intrusion. Due to the proposed orientation on the corner lot, the carwash bays are visible from public view from Tustin Avenue and First Street. There would be a space between the hedge and the tree canopy through which the carwash would be visible from public view. Therefore, the site design is not in compliance with the statement that facilities should be constructed... "On a lot where .the topography, vegetation, buildings, or other structures provide the greatest amount of screening of the service bays from public view" (Attachment B, page 2). Given the potential for over-concentration of carwashes and the potential adverse visual intrusion, the proposed carwash may not be appropriate for the proposed location. Parking, Site Access, and Circulation There are seven (7) parking spaces proposed which includes a space'for disabled persons and six (6) spaces used for drying and vacuuming. Each carwash bay has queuing area for two (2) vehicles awaiting service. The stacked cars in the queuing area would be visible from Tustin Avenue and' First Street. The Auto Service Design Guidelines recommend a total of ten (10) parking spaces for four (4) service bays. The required off- street parking is determined by the Planning Commission through the conditional use permit process. The applicant proposes that the queuing area and drying/vacuuming spaces would be sufficient for the required off-street parking in accordance with the Guidelines. The proposed facility is not supervised during operating hours; therefore, emplOyee parking would not be necessary. The'site currently has two driveways from Tustin Avenue. The City Traffic Engineer has requested that the southern driveway be eliminated due to the close proximity to the intersection. Fifty-five (55) percent of the lot is paved for parking and circulation. The single access from Tustin Avenue, the visibility of cars waiting in the queuing area, the size of the site, the paved area needed for site circulation, and parking preClude screening of the carwash bays from public view. Security and Maintenance Due to the facility being unmanned, security and maintenance become important issues to consider. The Police Department has raised a concern about the potential of the proposed 24-hour, unsupervised facility becoming a nuisance by attracting loitering. The lack of maintenance of an unsupervised facility is also a concern. Attachment E provides pictures of two existing coin-operated carwash facilities that are unmanned within the City of Tustin. These pictures illustrate how the maintenance of these types of uses can be neglected and eventually deteriorated and becoming an eye-sore and/or a code enforcement problem. Planning Commission Report CUP 01-010 & DR 01-007 July 9, 2001 Page 6 ANALYSIS The proposed carwash may negatiVely impact the surrounding area due to the potential for over-concentration of carwashes in west Tustin, adverse visual intrusion and preclude preferred development of retail and office uses along First Street. The following are findings to deny Conditional Use Permit 01-010 and Design Review 01-007 and have also been included in Resolution 3791 - Alternative 1 (Attachment F). · The proposed use would create an over-concentration of carwash facilities in the west part of Tustin. There are twelve (12) existing carwash facilities within a throe (3) mile radius of the project site. Any project on this site would set a precedent for future development in the west part of the City.. The proposed carwash may encourage the' proliferation of 'aUto-related facilities in the area and may preclude the preferred development of future retail and office specifically along First Street. = The proposed unsupervised carwash facility would be a potential security problem due to the 24-hour operation and the attraction for loitering, and creating a public nuisance during late night and early morning hours. w The maintenance of unsupervised carwash facilities historically tends to become neglected causing future deterioration and becoming an eye-sore and/or a code enforcement problem. 1 The City of Tustin General Plan states' Goal 1'. Provide for a well-balanced land use pattern that accommodates existing and future needs for housing, commercial and industrial land, open space and community facilities and services, while maintaining a healthy, diversified economy adequate to provide future City services. Policy 1.6: Encourage complementary . infill of passed parcels in predominately developed. compatible and previously by- areas already The proposed use would exacerbate an over-concentration of carwash facilities within the west part of Tustin and create an unbalanced land use pattern inconsistent with the goals and policies of the General Plan. Planning Commission Report CUP 01-010 & DR 01-007 July 9, 2001 Page 7 a. The proposed location of the facility is not consistent with.the "Site Selection Order of Preference" within the .Council approved Auto Service Design Guidelines. The Guidelines state that the facilities should be constructed on a corner lot designed so the carwash bays are oriented away from public view. Due to the proposed orientation of the carwash building, the carwash bays are visible from public view from Tustin Avenue and First Street. The single access from Tustin Avenue, the size of the site, the paved area needed for site circulation, and parking preclude complete screening of the carwash bays from public view. b. The amount of proposed hardscape detracts..from the design of the site. The landscaping does not completely screen the carwash bays from direct public view. The location, amount, and types of landscape materials Should be configured and Selected to provide a significant amount of screening of the carwash bays due to the orientation of the building not c°nforming 'with the "Site Design Order of Preference" within the Auto Service Design Guidelines. . This visible corner lot is a gateway into the City from the west and the relationship of the building, landscaping, and site design will set a precedent for any fUture development or improvements to structures in the neighborhood and public thoroughfares. The proposed use presents a nondescript architectural style which may set a standard for boxy structures to be built i.n the future within the area. The landscaping does not completely buffer the building from public View, and the amount of landscaping is limited due to the amount of paving proposed for circulation and parking which is more than half the lot. If the Planning Commission is inclined to apProve CUP 01-010 and DR 01-007 staff recommends specific conditions of approval in Resolution No. 3791 -Alternative 2 that are explained below: Condition No. 2.2: · This. condition would limit the business hours from being a 24- hour facility to 7:00 a.m. to 8:00 p.m. The hours of operation are consistent with the typical service-oriented business hours in Tustin and would reduce the potential for persons loitering and creating public nuisances during late night and early morning hours. Doors shall be installed on the wash bays and closed and secured during non-business hours. Planning Commission Report CUP 01-010 & DR 01-007 July 9, 2001 Page 8 Condition No. 3.22' Condition No. 3.10: Condition 2.10: Conditions 2.4, 2.5 and 2.6: This condition requires that the design and materials used for the carwash bay doom be reviewed and approved by the Community Development Director. It also requires that any glass on the doors be opaque, not allowing visibility into the .bays when the doors are closed. This condition is consistent with requirements imposed on the service station/carwash at 17241 Irvine Boulevard (under construction) and the EZ Lube facility at 12972 NewPort Avenue. Due to the Police Department's concern regarding loitering after hours on the premises, this condition requires that security lighting to be installed around the building to provide visibility for night patrol. The limited hours of operation and the requirement for doors on the carwash bays, as discussed above, will help preclude security problems. This condition requires that the owners of the carwash be responsible for the daily maintenance of the property which would include trash pick-up. Due to the facility being unsupervised, the accumulation of trash and other maintenance may be neglected if not required on a daily basis. These conditions restrict the storage of junk, inoperable aUtomobiles, and automobiles with for sale signage. Without these conditions, the unsupervised facility could become a public nuisance and look like a used car lot. L~ A.0 Ludi - "~ Associate Planner I~ar~n Peterson Senior planner s:pcrept/cup01-010.doc Attachments: A - Location Map B - Auto Service Design Guidelines C - Applicant's Site Selection Justification D - Submitted Plans E - Photographs of Existing Coin-Operated Carwash'Facilities in Tustin F- Resolution No. 3791 -Alternative 1 G - Resolution No. 3791 -Alternative 2 MINUTES TUSTIN PLANNING COMMISSION REGULAR MEETING JULY 23, 2001 A PLANNING COMMISSION WORKSHOP WAS HELD AT 6:00 P.M. IN THE CONFERENCE ROOM BEHIND THE COUNCIL CHAMBERS FOR AN OVERVIEW OF THE CULTURAL RESOURCES OVERLAY DISTRICT AND CULTURAL RESOURCES IN TUSTIN. 7:04 p.m. Given All present Staff present Approved 1. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL Elizabeth Binsack, Cc~mmunity Development Director Doug Holland, Deputy City Attorney Minoo Ashabi, Associate Planner · Lori Ludi, Associate Planner Eloise Harris, Recording Secretary PUBLI~ CONCERNS-- None CONSENT CALENDAR APPROVAL OF MINUTES- JULY 9, 2001, REGULAR MEETING Recommendation: Approve the Planning Commission minutes of July 9, 2001. Adopted Resolution 2. No. 3792 Adopted Resolution No. 3791 7:06 p.m. Ludi RESOLUTION NO. 3792 ADOPTING REGULATIONS FOR PUBLIC INPUT AND DECORUM AT PLANNING COMMISSION MEETINGS. Recommendation: Adopt Resolution No. 3792. It was moved by Davert, seconded by Kozak, to approve the Consent Calendar. Motion carried 5-0. PUBLIC HEARINGS ( CONTINUED CONDITIONAL USE PERMIT 01-010 AND DESIGN REVIEW 01-007 A REQUEST FOR AUTHORIZATION TO CONSTRUCT A 2,158 SQUARE FOOT COIN-OPERATED CARWASH. THE PROJECT IS LOCATED AT 101 TUSTIN AVENUE IN THE CENTRAL COMMERCIAL (C-2) ZONING DISTRICT. Recommendation: The Planning Commission directed staff · to prepare Resolution No. 3791 approving Conditional Use Permit 01-010 and Design Review 01-007. The Public Hearing reopened. Presented the staff report. Minutes - Planning Comrnission July 23, 2001 - Page 1 Director Hamiton Kozak Jennings Ludi Jennings Ludi Nathan Menard, 345 West Sixth Street, representing the residents of Old Town Kent Robertson, applicant's representative 7'15 p.m. Kozak Ludi Jen'n4ngs Hamilton Referred to staff's memorandum and map indicating auto- related services within a one-mile radius of the proposed site which was provided for the Commissioners in resPonse to Corn~issioner Hamilton's inquiry at the last meeting. Thanked staff for the information. Commented that the minutes clearly reflected the presentation and Commissioners' responses; and, stated that Resolution No. 3791 correctly reflects the changes requested by the Planning Commission. Asked how tall the proposed trees would be. Replied that a 48-inch box would be between 12 and 15 feet tall when planted; a 60-inch box would be between 15 to 18 feet tall. Asked what type of vacuum equipment screening is being proposed. Responded that staff'plans to work with the applicant to decide what screening will be implemented. Stated he had read the original staff report and suggested · that staff's Alternative No. 1, a recommendation for denial, should 'have been adopted, stressing the following: 1) West Tustin is saturated with auto-related services; 2) This project is not in compliance with the specific order of preference; 3) There is already a gang problem in Old Town; 4) Carwashes are magnets for loitering and increased gang activity; 5) This site is a gateway to our City and to Old Town and borders the historic overlay district; 6) The revitalization process in the historic district will be adversely affected by this project; emphatically requested that the Planning Commission deny this project; and, apologized in advance for future resistance from Old Town residents if this project is approved. Thanked staff and the Planning Commission for their consideration of this application; stated that 48" and 60" boxes will be a heavy burden for the developer of this project; and, stated the applicant would like to request that Condition 4.3 be modified to require 36" box trees; and, stated the applicant want§' to do what is necessary to make this site attractive. The Public Hearing closed. Asked how.many trees are affected by the 48- and 60- inch requirement in Condition 4.3. Answered 13 trees. Stated nonsupport of this project because this site is a gateway into Old Town, and a coin-operated carwash is not appropriate for that corner. Stated that the First Street Specific Plan and the General Plan specify a well-balanced land use pattern' given the number of auto-related businesses within a one-mile radius of this project, he cannot support the project, Minutes - Planning Commission July 23, 2001 - Page 2 Davert Kozak Pontious tinued to August 27, 7:28 p.m. Ashabi Davert Steve Diveny, Nextel representative Hamilton Linda' Rusmisel, 2372 Silk Tree, representing Peppertree Homeowners Association Holland . Stated his belief that this project will not negatively impact Old Town; this is an odd parcel presenting special problems; overconcentration has not been applied to other nonalcohoi-related .p. rojects in the past; to do so with this project is unfair; thet applicant was sent away from the last meeting with specific challenges which the applicant addressed and which will make the site pleasing and unobtrusive; since this site is west of the SR-55 freeway, it will ri'ct impact Tustin; this is an appropriate, viable use; and, stated his support of the project. Reiterated earlier comments that he would vote in favor of the revised project without modification to tree box size which is a critical element in his support; stated his empathy with his colleagues, but sees this as a viable project. Thanked Nathan Menard and other audience members; restated that she has been historically opposed to auto uses, especially some of those apRroved for First Street; agreed with Commissioners Davert and Kozak that this project suits this site; and, asked for a motion. It was moved by Davert to adopt Resolution No. 3791 with the new conditions as written and no further modifications, seconded by Kozak. Motion carried 3-2. CONDITIONAL USE PERMIT 00-035 AND DESIGN REVIEW 00-041 FOR AUTHORIZATION TO ESTABLISH A MAJOR WIRELESS FACILITY DESIGNED AS A FIFTY-EIGHT (58) FOOT TALL FAN PALM TREE AT THE SOUTHEAST CORNER OF AN EXISTING SELF- STORAGE FACILITY. THIS PROJECT IS LOCATED AT 14681 FRANKLIN AVENUE IN THE PLANNED COMMUNITY INDUSTRIAL (PC-IND) ZONING DISTRICT. Recommendation: That the Planning Commission adopt Resolution No. 3792 approving Conditional Use Permit 00-035 and Design Review 00-041. The Public Hearing opened. P ented the staff report. Asked the roof in the photosimulation is a residential structure Answered tha' structure is a storage facility. Stated he works for talked with the City A1 conflict of interest. :lecommunications company, has ~ey, and believes there is no Expressed concern on beh of regarding the health risks .invol studies have been done; and, stated tree at that location will be unsightly. the homeowners whether or not any a 60-foot palm Indicated that telecommunications sites are p under Federal law with regard'to health issues. Minutes - Planning Commission July 23, 2001 - Page 3 Report t° the Planning Commission II ITEM #3 Ii I II III DATE: JULY 23, 2001 SUBJECT: CONDITIONAL USE PERMIT 01-010 AND DESIGN REVIEW 01~07 APPLICANT: PROPERTY OWNER: LOCATION' ZONING' ENVIRONMENTAL STATUS' REQUEST: MARTIN CODA 965 SOUTH HARVARD CIRCLE ANAHEIM, CA 92807-5020 GAF TUSTIN AVENUE, LLC ATTN' GREG FOWLER & NANCY MAURIELLO cio FOWLER FLANNIGAN .TECHNOLOGY PARTNERS 80 SIR FRANCIS DRAKE, SUITE 3 LARKSPUR, CA 94939 101 TUSTIN AVENUE CENTRAL COMMERCIAL (C-2) APPROVAL OF THIS PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO SECTION 15303, CLASS 3 OF TITLE 14, CHAPTER 3 OF THE CALIFORNIA CODE OF REGULATIONS (GUIDELINES FOR THE CALIFORNIA ENVIRONMENTAL QUALITY ACT). AUTHORIZATION TO CONSTRUCT A 2,158 SQUARE FOOT COIN- OPERATED CARWASH. RECOMMENDATION That the Planning Commission adopt Resolution No. 3791 approving ConditiOnal Use Permit 01-010 and Design Review 01-007. BACKGROUND This is a continued item from the Planning Commission meeting on July 9, 2001. At the meeting, the Planning Commission directed staff to modify draft Resolution 3791- (Alternative 2) approving the applicant's request to construct a 2,158 square foot coin- operated carwash with additional conditions (Attachment A- July 9,200, Staff Report). Planning Commission Report CUP 01-010 & DR 01-007 July 23, 2001 Page 2 Resolution No. 3791 is attached for the Planning Commission's consideration (Attachment B). Exhibit A of.Resolution 3791 includes conditions of approval that address the'issues identified at the July 9, 2001, meeting. These conditions include: 2.2 The proposed .use may be reviewed by the Community Development Director and/or Police Chief on a annual basis or more often if deemed necessary. If, in the future, the Community Development Director and/or Police Chief determine that maintenance, security, and/or other nuisance problems exist on the site or in the vicinity as a reSult of the establishment of the coin-operated carwash, the Community Development Director and/or. Police Chief may require the applicant to provide additional mitigation including, but not limited to, the following' a, Reduce hours of use. Install carwash bay doors that would be closed during non-business hours. Addition of other security measures.' The Director may recommend to the Planning Commission modification to the existing conditions or impose new conditions as part of such review to protect the public health, safety, community aesthetics, and general welfare. Failure to satisfy the above condition shall be grounds for revocation of CUP 01-010. 2.5 2.7 2.13 3',2 Storage of buses, trucks, cars, or similar vehicles is prohibited. Appropriate posting shall be provided on sit'e in accordance with the California Vehicle Code Section 22658(a)(1) allowing the property owner to tow abandoned vehicles. Abandoned vehicles shall be towed within 24 hours of notification by the City. No signs or banners shall be permitted on the property that provides on or off- premises advertising unless permitted by the City of Tustin Sign Code. The property owners/operators of the carwash facility shall be responsible for the daily maintenance of removing any unauthorized signage on site within 24 hours of notification by the City. Landscaping and natural paving materials to complement the architecture and building materials shall be used to create a decorative band between the existing northerly driveway and the building. The materials, and design of the paving shall be submitted for review and approval by the Community Development Director. Planning Commission Report CUP 01-010 & DR 01-007 July 23, 2001 Page 3 3.3 Brick cap stones to match the architectural features and' building materials shall be installed on the front wall. The material and design shall be submitted for review and approval by the Community Development Department. 3.5 The hip roof illustrated on the south elevation of the mechanical room shall be extended into a full peak. 3.6 The vacuum equipment on each' island shall be screened from public view, and the screening material shall be compatible wit. h the. building subject to review and approval by the Community Development Director. 3.7 Electric and gas meters, change machines, and cleaning product dispensers must be screened from public view .and must be compatible with the building treatment subject to review and approval by the Community Development Director. 4.3 The Aleppo Pine tree (pinus halepensis) or other non-deciduous evergreen tree species approved by the Community Development Director proposed around the perimeter of the site for screening purposes shall be a minimum combination of 48-inch box and 60-inch box size specimens. Lo~A. l~.udi (,,/' Associate Planner Senior Planner s: pcre pt/cu p01-010117-23.d oc Attachments' Location Map A - Staff Report and Draft Minutes from July 9, 2001 B - Resolution No. 3791 ]0 14 20 2,4 ?-5 27 RESOLUTION NO. 3791 A RESOLUTION .OF THE PLANNING COMMISSION OF THE CiTY OF TUSTIN APPROVING CONDITIONAL USE PERMIT 0'1-010 AND DESIGN REVIEW 01-007 TO CONSTRUCT A 2,158 SQUARE FOOT COIN- OPERATED CARWASH LOCATED AT 101 TUSTIN AVENUE. he Planning Commission does hereby resolve as follows: The Planning Commission finds and determines as foli'ows' A. That a proper application, Conditional' Use Permit 01-010 and .Design Review 01-007, was .filed by Martin 'Coda requesting authorization to construct a 2,158 square foot coin-operated carwash located at 101 Tustin Avenue. B~ That the property is located in the Central Commercial (C-2) Zoning District and a Conditional Use Permit is required for the proposed use in accordance with Section 9232(b)(k) and-design review is required in accordance with'Section 9272(a) of the City Code~ C. That the proposed use .is a service-oriented commercial business which is consistent with the "Community Commercial`` Land Use designation of the General Plan and has been determined to be consistent with the Air Quality Sub-element. 'D. That a public hearing was duly called, noticed, and held for said application .on July 9, 2001, and July 23, 2001, by the Planning Commission. E~ On July .9, 2001, staff recommended that the Planning Commission deny said application, due to the over-concentration of automotive uses within the area; the potential for security and code enforcement problems due to the unsupervised, 24 hour operation; the proposed orientation of the building; the amount of hardscape; and the lot is a gateway into the City from the west. Fi After dUe consideration of the project and public testimony on July 9, 2001, the Planning Commission directed staff to draft a resolution with additional conditions of approval for their consideration at the July 23, 2001 Planning Commission meeting. Gl As conditioned, the proposed use will not be detrimental to health', safety, morals, comfort, and general welfare of the persons residing in or working in the neighborhood in that: · The proposed project provides a support service to existing or future uses 'allowed by the Zoning' Code. l0 14 20 ?-3 24 ReSolution No. 3791 CUP' 01-010 & DR 01-007 Page 2 . w 1 1 . 7~ , gl The proposed project is generally consistent with the Auto Service. Design Guidelines. The carwash bays would be somewhat scrOened from public view, while still allowing visibility for security purposes. Mature specimen everg.reen trees and a hedge row will be planted around the street-site perimeter to allow for optimal screening of the carwash bays, vehicles in the queuing area and parked. The.. scale, massing, and design of the proposed structure is appropriate for the area. The proposed site plan provides for sufficient vehicle' ingress, egress, on-site maneuvering, and parking. There will be no on-site or off-site traffic impacts and no effect on the existing and planned level of service for adjacent arterials and intersections. Payment of TranSportatiOn .System Improvement Program fees' Will be used to mitigate cumulative impacts on. the transportation system. As conditioned, screening material and/or landscaping will buffer the view of the "vacuums ' and the mechanical equipment and partially buffer the view of the four (4) carwash bays from the public right-of- way. As conditioned, the property owner/operator would be able to store or dispose of abandoned or wrecked vehicles on site in accordance with California Vehicle Code Section 22658 (a)(1) so that the property does not appear to be a used-car lot or create a public nuisance. As conditioned, security lighting would be installed on site to allow visibility during hours of darkness for police patrol to reduce the potential for loitering. As conditioned, the use may be reviewed annually by the' Community' Development Director to determine if maintenance, security, and/or other nuisance problems exist as a result of the establishment and whether additional conditions to mitigate any future problems should be imPlemented by the Community Development Director. ]0 ]4 ]8 20 2! 23 24 ResolutiOn No. 3791 CUP 01-010 & DR 01-007 Page 3 H! 10. .. As conditioned, the materials' and architecture are compatible with the surrounding area. Natural paving and building materials are incorporated into the design of the site and the building includes a consistent hip mol design. Pursuant to Section 9272 of the Tustin Municipal Code, the Commission finds that the location, size, architectural features, and general appearance of Design Review 01-007, as conditioned, will not impair the ordedy and harmonious development of. the area, the. present or future development therein, or the occupancy as a whole, in making such findings, the City Council has considered at least the following items' · = . Height, bulk, and area of buildings. Setbacks and site planning. Exterior materials and colors. . Type and pitch of roofs. Gl . Size and spacing of windows, doors, and other openings. · Towers, chimneys, roof structures, flagpoles, radio, and television antennae. 1 Landscaping, parking area design, and traffic circulation. = Location, height, and standards of exterior illumination. . Location and appearance of equipment located outside an enclosed structure. " 10. 11. Location and method of refuse storage. · 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 neighborhood and public thoroughfares. 13. Development Guidelines and criteria as adopted by the City Council. That this project is Categorically Exempt pursuant to Section 15303, Class 3 of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). 10 12 13 14 17 18 19 20 21 · 22 23 2~ Resolution No. 3791 CUP 01-010 & DR 01-007' Page 4 J,, .That the applicant has' agreed to provide a dedication of additional right-of- way along Tustin Avenue, First Street, and the corner cut-off at the northeast corner of Tustin Avenue and First Street for the widening of and related improvements to Tustin Avenue and First Street for-pedestrian, vehicular, and ADA facilities, access, and right-of-way. The dedication of right-of-way would bring Tustin Avenue and First Street into compliance 'with the definition of the appropriate roadway classification within the Circulation Element of'the General Plan. il. The Planning Commission hereby approves Conditional Use Permit 01-010 and Design Review 01-007 to construct a 2,158 square foot coin-operated carwash located at 101 Tustin Avenue, subject to the conditions contained in Exhibit A, attached hereto. ELIZABETH A. BINSACK PASSED AND ADOPTED by the Planning Commiss~/, of th,e City of,...~stin, at a regular meeting on the 23~ day of July, 2001. " ." LESLIE A. PO~'I'IOUS Chairperson .. Planning Commission Secretary STATE.OF CALIFORNIA ) COUNTY.O'F ORANGE ) CITY OF TUSTIN ) I, ELIZABETH A. BINSACK, the undersigned, hereby certify that l am the Planning Commission Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3791 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 23~ day of July, 2001. 25I 27 28 29 "EXHIBIT A CONDITIONS OF AppROVAL CONDITIONAL USE PERMIT 01-010 DESIGN 'REVIEW 01-007 JULY 23, 2001 (1) (1) (1) (1) (1) GENERAL 1.1 The proposed use and construction shall substantially conform with. the submitted plans for the project date stamped July 23, 2001, on file with the Community Development Department, except as herein modified, or as modified by the Director of Community Development in accordance with this EXhibit. The Director of Community Development may also approve minor modifications during plan check if such modifications are to be consistent with the provisions of.the Tustin City Code and other applicable codes. 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. 1.3 The subject project approval shall become null and void unless permits for the proposed project are issued and substantial construction is underway within eighteen (18) months of the date of this Exhibit. Time extensions may be considered if a written request is received by the Community Development Department within thirty (30) days prior to expiration. 1.4 1.5 Approval of Conditional Use Permit 01-010 and Design Review 01-007 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 "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. The applicant shall hold h'armless and defend the City of Tustin from' all claims and liabilities arising out Of a challenge of the City's approval for this project. (,~) (2) (3) (4) SOURCE CODI=,~ STANDARD CONDITION CEQA MITIGATION UNIFORM BUILDING CODE/S DESIGN REVIEW EXCEPTIONS (s) (6) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY Exhibit A- Conditions of Approval Resolution 3791 Cup 01-010 & DR 01-007 Page 2 (1) 1.6 (5) (1) (1)' (1) (1) Any-Violation of any of the conditions imPOsed is subject to the imposition of a civil penalty, of $100.00 for each violation and each day the violation exists. 1.7 The applicant shall be responsible for costs associated with any necessary code enforcement action. .. USI= RESTRICTIONS 2,1 No other auto 'service use is permitted with the exception of the approved coin-operated carwash facility. 2,2 The proposed use may be reviewed by the Community Development Director and/or Police Chief on .a annual basis or more if' deemed necessary. If, in the future, the Community DeVelopment Director and/or Police Chief determine that maintenance, security, and/or other nuisance problems exist on the site or in the vicinity as a result of the establishment of the coin-operated carwash, the Community Development Director and/or Police Chief may require the applicant to provide additional mitigation including, but not limited to, the following: a. c. Reduce hoUrs of use. Install carwash bay doors that would be closed during non-business hours. Addition of.other security measures. The DirectOr may-recommend to the Pia'nning Commission modification to the existing conditions or impose new conditions as part of such review to protect the public health, safety, community aesthetics, and general welfare. Failure .to satisfy the above condition shall be grounds ,for revocation of CUP 01-010. 2,3 Vehicle stacking in the public right-of-way shall be prohibited and any violation shall be subject to citation. 2.4 The storage of junk or permanently disabled or wrecked automobiles shall not be permitted. Used or discarded automotive parts or equipment shall not be located on the premises. No inoperative vehicles shall be permitted to be parked or stored On site. 2,5 Storage of buses, trucks, cars, or similar vehicles is prohibited. 2.6 Parking and advertising of vehicles for sale or lease is not permitted. Exhibit A- Conditions of Approval Resolution 3791 Cup 01-010 & DR 01-007 Page 3 (1) 2.7' (1) (4) (7) (1) (1) (1) (1) (1) APpropriate posting shall be provided on site 'in accordance with the California Vehicle Code. Section 22658(a)(1) allowing the property owner to tow abandoned vehicles. Abandoned vehicles shall be towed within 24 hours of notification by the City. 2.8 2.9 2.10 All requirements of the City's Noise Ordinance (Chapter'6 of the Tustin City Code) shall be met at all .times. No outdoor storage shall be permitted. except as Community. Development Director. approved by the The installation of any exterior, freestanding vending machines, such as, but not limited to, beverage or soda machines, candy, magazine racks, and · any other retail product is prohibited. 2.11 The property owners of the carwash facility shall be responsible for the daily maintenance of the subject property, 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. All graffiti shall be removed within 72 hours of a complaint being transmitted by the City to the property owner. Failure to maintain said structure and adjacent facilities will be grounds for City enforcement of its Property Maintenance Ordinance, including .nuisance abatement procedures. The applicant is required to coat and protect all wall surfaces with a graffiti resistant finish and/or material prior to occupancy.. 2.12 No exterior Pay phones are allowed. 2.'13 No signs or banners shall be permitted on the property that provide on- or off-premises advertising unless permitted by the City of Tustin Sign Code. The property owners/operators of the carwash facility shall be responsible for the daily maintenance of removing any unauthorized signage on site within 24 hours of notification by the City. 2.14 The installation and operation of the carw. a.sh bays shall be performed in accordance with the requirements of the South Coast Air Quality Management District. The applicant shall provide evidence to the Community Development Director of approval by the South Coast Air Quality Management District. PLAN SUBMITTAL 3.1 The elevations shall depict colors and materials consistent with the colodmaterial board approved for the project. Exhibit A- Conditions of Approval Resolution 3791 Cup. 01-010 & DR 01-007 Page 4 (1) 3.2 (1), 3.3 (4) 3.4 3.5 (4) 3.6 (4) 3.7 (3) 3.8 (3) 3.9 Landscaping and natural paving materials to complement the architecture and building, materials shall be used to create .a decorative band .between the existing northerly driveway and the building. The materials and design of the paving shall be submitted for review and approval by the Community Development Director.' Brick cap stones to match the architectural features and building materials shall be installed on the front wall. The material and design .shall be submitted for review, and. approval by the Community Development Department. A six (6) foot .eight (8) inch block wall with stucco finish to match the building shall' be provided along the north property line to buffer the proposed facility from the adjacent properties. The hip' roof illustrated on' the south elevation Of the mechanical room shall be extended into a full peak. The vacuum equipment on each island shall be screened from public view, and the screening., material shall be compatible with the building subject to review and approval by the Community Development Director. Enclosure of electric and gas meters, change machines, and cleaning product dispensers must be screened .from public view and must be compatible with the building treatment subject to review and approval by the Community Development DireCtor. At the time of building permit application, the plans shall comply with the 1998 California .Building Code (CBC), 1998 California 'Mechanical Code (CMC), 1998 California Plumbing. Codes (CPC), 1998 California Electrical Code (CEC), California Title 24 Accessibility Regulations, Title 24 Energy Regulations,'City Ordinances, and State and Federal laws and regulations. Building plan check submittal shall include the following' · Seven (7) sets of construction plans, including drawings for mechanical, plumbing, and electrical. · Two (2) copies of'structural calculations. Elevations that include all proposed dimensions, finishes, and partial outlines of adjacent buildings on site and'off site where applicable. ' Exhibit A- Conditions of Approval Resolution 3791 Cup 01-010 & DR 01-007 Page 5 (3) 3.10 (3) 3.11 (1) 3.12 (3) 3.13 (1) 3.14 (1) 3.15 (4) 3.16 (3) 3.17 · Roofing material that is fire rated class "B" or better. Note on plans that no field changes Shall be made without prior approval from the Building Official and architect or engineer of record. Vehicle parking, primary entrance to the building, the primary' paths of traVel, Cashier space, sanitary facilities, drinking fountain, and public telephones shall be accessible to persons with disabilities. Parking spaces designed for use by persons with disabilities shall comply with California Title 24 Regulations. The loading zone shall be located on the passenger side of the vehicle. Prior to permit issuance, clearances from the Orange County Fire Authority will be required. Provide an 'area analysis for the building and show compliance with allowable floor areas based on 1998 California Building Code, Chapter 5, Table 5-B. Provide details of all proposed lighting fixtures and a photometric 'study ..showing the location and anticipated pattern of light distribution of all proposed fixtures. The design of the light fixtures should be consistent with the architecture of the building. All exterior lighting shall be designed and arranged not to direct light or glare onto adjacent properties, including the adjacent streets and right-of-ways. Wall-mounted fixtures shall be directed at a 90-degree angle directly toward the ground. All lighting shall be developed to provide a minimum of one (1) foot-candle of light coverage in accordance with the City's Security Ordinance. Security lighting shall be installed around the exterior of the building to provide visibility for night patrol. The amount and location of security lighting shall be reviewed and approved by the City of Tustin Police Department. · Ali parapets shall be at least six (6) inches above any r°of-mounted equipment, vents, and exhaUsts. Cross-section details showing the installation of-any proposed rooftop equipment shall be provided. Rooftop equipment shall be installed and maintained so that it is not visible from the public right-of-Way. Show the location of any utility vents or other equipment on the roof plan. Seven (7) sets of final grading plans consistent with the 'site and landscaping plans as prepared by a registered .civil engineer shall be submitted and shall include the following'. Exhibit A- Conditions of Approval Resolution 3791 Cup 01-010 & DR 01-007 Page 6 (3) 3.18 (3) 3.19 (1) 3.20 (1) 3.21 (1) 3.22 (i) 3.23 (1) 3.24 Technical details and plans for all utility installations including telephone, gas, water, and electricity. Three (3) copies of a precise soil report provided by a civil engineer .and less than one (1) year old. Expanded information regarding the levels of hydrocarbons and .ground water contamination found on site shall be provided in the soil report. Ail pavement "R" values shall be in accordance with applicable City of Tustin standards. All site drainage shall be handled on site and shall not be permitted to drain onto'adjacent properties. Drainage, .vegetation, circulation, street sections, curbs, gutters, sidewalks, and storm drains shall comply with the on-site Private' Improvement Standards. Two (2) copies of Hydrology Report. The engineer of record' must submit a final compaction report to the Building Division for review and approval prior to the issuance of a building permit. The engineer of record must submit a pad certification to the Building Division for review and approval prior to the issuance of a building permit. A surety/cash bond will be required to assure work is Completed in accordance with approved plans 'prior to permit issuance. The engineer's' estimated, cost of the grading, drainage, and erosion control shall be submitted to the Building Official for determination of the bond amount. Information to ensure compliance with requirements of the Orange County Fire Authority, including fire flow and installation of fire hydrants subject to approval of the City of Tustin Public Works and/or Irvine Ranch Water District.. .No exterior downspouts shall be permitted on any 'fa~;ade of the building which is visible from adjacent streets or residential/commercial areas. Roof scuppers shall be installed with special lip devices so that overflow drainage will not stain the walls. Ail exposed metal flashing or trim shall be anodized or painted compatible with the main building. Exhibit A- Conditions of Approval Resolution 3791 Cup 01-010 & DR 01-007 Page 7 (1) 3.25 (1) 3.26 A protective graffiti resistant finish shall be applied on all elevations of the proposed structure, subject to review and approval' by the Community Development Director. Provide a copy of Orange County Health Department, Orange County Fire Authority, and AQMD clearances for previous under, round fuel tanks'. InclUde a copy. of the re-compaction report for back filling of the excavated areas for tanks, OR comply with the following conditions. (a) A corrective action plan for soil remediation on the site that describes and' justifies the proposed remediation shall be submitted, to and approved by the Community Development Department and Orange County Health "Department. This report must indicate'-a) the locations of monitoring and extraction wells proposed at the site; b) which wells will 'be abandoned, if necessary; and c) where replacement wells will be loCated after site' construction is complete. Replacement wells shall be specifically identified on the site plan and located not to obstruct site access, building locations, or required parking spaces. (b) The applicant shall provide to the Orange County Health Department a report on the findings of the most recent soil samples collected. These findings will allow the Orange County Health Department to evaluate the levels of hydrocarbons and ground water contamination found on the site. (c) A-vapor risk assessment that evaluates.the potential health risks to the occupants of the proposed building posed by any residual subsurface contamination at the subject site shall be submitted 'to and approved by the Orange County Health Department. Approved copies of such assessment .shall be provided to the Community Development Department. The Orange County Health Department requires a vapor risk assessment for any contaminated sites where the .land use will change from. automotive repair or fueling station to any other commercial or residential use. (d). A Work plan for all modifications to the remediation system at the subject site must be submitted to "and approved by the OCHCA, with approved copies of such work plan provided to the Community Development Department. Exhibit A - Conditions of Approval Resolution 3791 Cup 01-010 & DR 01'007 Page 8 (1) 3.27 Individual trash service may be provided on the site provided that such' service is acceptable in writing by Federal Disposal Services. In the event that trash bin service 'is requested either at this time' or in the future by Federal Disposal Services, a trash bin with surrounding enclosure shall be located on the property. A trash bin with surrounding enclosure .shall be located on the property and maintained to avoid health issues for neighboring commercial and residential areas. An adequate size trash enclosure with solid metal, self-closing, self-latching gates shall be provided. Said .enclosure shall be screened by a solid decorative wall consistent with the adjacent' buiiding's material and finish .and be of a minimum height of six (6) feet. The actual location of the enclosure and types of screening and details of the enclosure shall be submitted at building plan check and are subject to approval by the CommUnity Development Department. The location of the bin, size, and-quantity shall be reviewed and accepted in' writing by Federal Disposal Services. (1) '3.28 In addition to the trash enclosure, an adequate number of trash receptacles to serve the clientele of the carwash facility shall be provided outside of the building. The design of the outdoor trash receptacles and other fixtures shall' be compatible with the design elements of the exterior.features on the main building. (1) 3.29 All construction operations, including engine warm-up and deliveries of materials and equipment, shall be subject to the provisions of the Tustin Noise Ordinance and shall take place only between the hours of 7:00 a.m. and 6:00 p.m. Monday through Friday, and between 9:00 a.m. and 5:00 p.m. on Saturday, unless otherwise determined by the Community Development Director and/or Building Official. (1) 3.30 Construction hours shall be clearly posted on the project site to the satisfaction of the Building Official. (1) 3.31 The applicant, shall comply with all City .policies regarding short-term construction emissions, including periodic watering of the site and prohibiting grading during second stage smog alerts and when. wind velocities exceed 15 miles per hour. (1) 3.32 A note shall be provided on final plans that a six (6). foot high chain link fence shall be installed around the site prior to building construction stages. A nylon fabric or mesh shall be attached to the temporary 'construction fencing. Gated entrances shall be permitted along the perimeter of the site .for construction vehicles. Exhibit A - Conditions of Approval Resolution 3791 Cup 01-010.& DR 01-007 Page 9 (7) 3.33 (6) (6) (4) Pursuant to the City of Tustin's Security Ordinance and the Uniform Fire Code, street numbers shall be displayed in a prominent location on the street side of the building. The numerals Shall be no less than six (6)inches in height and shall be of contrasting color to the background to which they are attached. LANDSCAPING 4,1 The site shall be landscaped consistent with the City's Landscaping and Irrigation Guidelines. Landscaping shall consist of a combination of berming and sufficient numbers of shrubs and trees to provide adequate screening, subject to the satisfaction .of the Community Development Director. 4.2 Provide a detailed landscape and irrigation plan for ali landscaping areas on the site and include the following information' a, A summary table applying indexing identification to plant materials in their actual location. The plan and table must list botanical and Common names, sizes, spaces, actual location, and quantity of the plant materials proposed. b~ Planting and berming details, soil preparation, staking, etc. The irrigation plan shall show location and control of backfiow prevention devices, pipe size, sprinkler type, spacing, and coverage. Details for all equipment must be provided. d,, All property lines on the landscaping and irrigation plan, public right- of-way area, sidewalk widths, parkway areas, and wall location, if any. el Note on landscaping plan that coverage of landscaping irrigation materials is Subject to field inspection at project completion by the Community Development Department. 4,3 The Aleppo Pine tree (pinus halepensis) or other non-deciduous evergreen tree species approved by the Community Development Director proposed around the perimeter of the site for screening 'purposes shall be a minimum combination of 48-inch box and 60-inch box size specimens. Exhibit A- Conditions of Approval Resolution 3791 Cup 01-010 & DR 01-007 Page 10 (7) 4.4 A minimum of 15 percent landscaping shall be provided.on the project site including a landscape buffer around the perimeter of the site in accordance with the. Auto Service Design Guidelines and the Parking Lot Design Guidelines. (6) 4.5 · Provide a cross section detail of the parking and stacking area and identify the height of the landscape berm and vegetation adjacent to Tustin Avenue and First Street. The berm shall be a minimum of 36 inches and, when combined with landscaping, a minimum height of 42 inches. Landscape screening shall be provided along the' westerly building elevation subject to review and approval by the Community Development Department. (6) (6) 4.6 4.7 The Community Development Department may request minor substitutions of plant materials or request additional sizing or quantity materials during plan check or field inspections to ensure sufficient screening. The submitted landscaping ,plans shall reflect the following requirements, either incorporated into the design or included in the notes: al b~ Turf is unacceptable for grades over 25 percent.. A combination of planting materials must be used; ground cover on large areas, alone is not acceptable. Provide a minimum of one 15-gallon, siZe tree and five 5-gallon shrubs for every 30 feet of property line on the property perimeter. C, Shrubs shall be a minimum of 5-gallon size and shall be spaced a minimum of 5 feet on center when intended as screen planting. d. Ground cover shall be planted between 8 to 12 inches on center. eJ When one-gallon plant sizes are used, the sPacing may vary according to materials used. (6) 4.8 f~ All plant materials shall be installed in a healthy and vigorous condition typical to the species and shall be maintained in a neat and healthy condition. Maintenance includes,, but is not limited to, trimming, moving, weeding, removal of litter, .fertilizing, regular watering, and replacement of diseased or dead plants. The landscape materials shall not conflict with the visual requirementS of any existing or proposed driveway approach.' clearance Exhibit A- Conditions of Approval Resolution 3791 Cup 01-010 & DR 01-007 Page 11. .WATER OUALITY (1) 5.2 (1) (1) Prior to issuance of grading permits, the applicant shall obtain approval of the Community Development and Public Works Departments for a Water Quality Management Plan (WQMP) specifically identifying Best Management Practices (BMPs) that will be used on site to control predictable pollutant run-off. This WQMP shall identify the structural and · non-structural measures which will be implemented on this project and shall detail the implementation of BMPs whenever they are applicable to the project; the assignment of long-term maintenance responsibilities (specifying the developer, parcel owner, maintenance-association, lessee, etc.), and reference to the location(s) of structural BMPs. The property owner and applicant shall be responsible fer implementing the provisions of the WQMP on an on-going, permanent basis. Prior to submittal of a Water Quality Management Plan (WQMP), the applicant shall submit a deposit of $2,500.00 for the estimated costs of review of the WQMP to the Building Division. The actual costs shall be deducted from the deposit, and the applicant shall be responsible for and pay for any additional review costs that exceed the deposit prior to issuance of grading permits. Any unused portion of the depoSit shall be refunded to the applicant. ,5.3 Prior to issuance of any permits, the property owner shall record a "Notice of Water Quality Management Plan (WQMP)" with the County-Clerk Recorder on a form provided by the Community Development Department to inform future property owners of the requirement to implement the approved WQMP. $.4 Prior to the issuance of any permits, the property owner and applicant shall provide written consent and authorization to enter the property for the purpose of conducting compliance assessments. An authorized inspector may inspect the property for the purpose of verifying compliance with Chapter 4 of the Tustin City Code (Water Quality Ordinance) and verifying compliance with the approved Water Quality Management Plan. ,5.5 The Community Development and Public Works Departments shall determine whether any proposed change in use requires an amendment .to an approved Water Quality Management Plan. ,5.6 The following requirements shall be defined on permit plan cover sheets as either general or special notes and the project shall be implemented in accordance with the notes: Exhibit A- Conditions of Approval Resolution 3791 Cup 01-010 & DR 01-007 Page 12 (1) 5.7 '0 Construction sites shall be'maintained in such a condition that an anticipated storm does not carry wastes or pollutants off the site. Discharges of material other than StormWater are.allowed only when necessary for performance and completion of construction practices and where they do not: cause or contribute to a violation of any water quality standard;, cause or threaten to cause pollution, contamination, or nuisance; or contain a hazardous substance in a quantity reportable under Federal Regulations 40 CFR Parts 117 and 302. Potential pollutants inclUde, but are not limited to: Solid or liquid chemical spills; wastes from paints, stains, sealants, glues, limes, pesticides, 'herbicides, wood preservatives and solvents; asbestos fibers, paint flakes or stucco fragments; fuels, oils, lubricants, and hydraulic, radiator, or battery fluids; fertilizers, vehicle/equipment Wash .water and concrete wash'water; concrete, detergent or floatable wastes; wastes from any engine equipment steam cleaning or chemical degreasing; and, superchlorinated potable water line flushings. During construction, disposal of such materials should occur in a specified and controlled temporary area on site, physically separated from potential storm Water run-off, with ultimate disposal in accordance with local, State, and Federal requirements. · Dewatering ..of contaminated groundwater, or discharging contaminated soils via surface erosion, is prohibited. Dewatering of non-contaminated groundwater requires a National Pollutant Discharge Elimination System Permit from the California State. Regional Water Quality Control Board. An erosion and sedimentation control plan shall be submitted for review and approval to the Building Official prior to issuance of grading permits. A variety of best management practices including BMP Nos. 1, 10, and 12 through 24, as identified in the City's Best Management Practices Handbook and devices such as desilting basins, check dams, cribbing, rip rap, watering, and other methods shall be included on the plan, implemented, and maintained on an on-going basis to control water, and wind-related erosion and prevent sedimentation from entering the storm drain system, adjacent properties, or rights-of-way. Exhibit A- Conditions of Approval Resolution 3791 Cup 01-010 & DR 01-007 Page 13 5.8 A variety of best management practices including BMP Nos. 1, 3 through 9, 11 through 15, 18 and 24, as identified, in the City's Best Management Practices Handbook shall be implemented on an on-going basis during construction to protect surface waters and prevent wastes or pollutants from moving off site during a storm. Potential pollutants include, but are not limited to, paints, stains, sealants, glues, fUels, oils, lubricants, fertilizers, etc. Disposal 'of such materials shall occur in a specified, and controlled temporary area on site, physically separated from potential storm water run-off, with ultimate diSposal in accordance With local, State, and Federal regulations (,1) (1) 5.9 5.10 Prior to issuance of grading permits, the applicant shall post with the Community Development Department a minimum $2,500 cash deposit or letter of credit to guarantee the' sweeping of streets and clean-up of streets affected by construction activities. In the event this deposit is dePleted prior to completion of development, an additional incremental deposit will be required. . . Earth, sand, gravel, rock, stone, or other excavated material or debris may not be deposited or moved so as to cause the same to be deposited upon or roll, blow, flow, or wash upon or over any public place or right-of-way or the premises of another without the express written consent of the owner. (1) 5.11 When loading or transporting any earth, sand, ground, rock, stone' or other excavated material or debriS, such material shall be prevented from blowing or spilling onto the public right-of-way or adjacent private property. The applicant shall be, responsible for maintaining public rights-of-way in a condition reasonably free. of dust, earth, or debris attributed to the grading operation, if any debris is deposited within the right-of-way or adjacent property, the applicant shall be responsible for removing .the material · immediately. ENGINEERING (5) 6.1 The existing southerly drive on Tustin Avenue will need to be removed and full-height curb, gutter, and sidewalk shall be constructed in its place, per City Standards. (5) 6,2 The applicant shall' provide an updated title report dated within the last thirty (30) days'. (5) 6.3 The applicant shall provide a copy of the ALTA / ACSM land title survey drawing prepared by Anacal Engineering Company. All property lines and easements and dedication lines shall be clearly depicted and labeled. Exhibit A- Conditions of Approval Resolution 3791 Cup 01-010 & DR 01-007 Page 14 (1) 6.4 6.5 (1) 6.6 '(3) 6.7 A separate. 24"x 36" street improvement plan, as prepared by a California Registered Civil Engineer, will be required for all construction within the public right-of-way. 'Gonstruction and/or rePlacement of any missin~ or damaged public improvements' will be required adjacent to this development. Said plan shall include, but not be limited to, the following: .Curb and gutter; Sidewalk, including curb ramps for the physically disabled; Drive aprons; Domestic water facilities; Sanitary sewer facilities; and Underground utility connections. In addition, a 24"x 36" reproducible construction area traffic control plan, as prepared by a California Registered Traffic Engineer or Civil Engineer experienced in this type of plan preparation, will be required. Prior to any work in the public right-of-way, an Encroachment Permit must be obtained from and .applicable fees paid to the .Public W°rks Department. Preparation and submittal.of a final grading plan sh°wing all pertinent elevations as they pertain to the public right-of-way along with delineating the following information' a) b) c) Final street elevations at key locations. .Final pad/finished floor elevations and key elevations for all site grading. All pad elevations to be a minimum of 1.0 foot above base flood elevation as defined by FEMA. All flood hazards of record. Current Federal Americans with Disabilities Act (ADA) requirements will need to be met at the drive aprons. This will require construction of a minimum four (4) foot-wide, sidewalk behind the drive apron. The. maximum cross slope of the sidewalk shall be two percent and the maximum ramp slope of the drive apron shall be ten percent. This may require dedication of additional right-of-way to accommodate the sidewalk construction. A legal description and sketch of the dedication area, as prepared by a California Registered Civil Engineer and/or California Licensed Land Surveyor, shall be submitted to the Engineering Division .for review and approval. Exhibit A - Conditions' of APproval Resolution 3791 Cup 01-010 & DR 01-007 Page 15 (3) 6,8 (3) 6.9 (5) 7.1 (5) 7.2 .(5) 7.3 (5) 7.4 Dedication of fifty (50) feet of additional right-of-way along Tustin Avenue, forty (40) feet of additional right-of-way along First Street, and the appropriate corner cut-off may be required based upon the title report and ALTA. This shall be in the form of an irrevocable offer of dedication. Provide a legal description and plat prepared by a California Registered Civil Engineer or California Licensed Land. Surveyor. These shall be submitted to the Engineering Division for review and approval prior to issuance of a grading permit. Any damage done to existing street improvements and utilities shall be repaired before issuance of a 'Certificate of Occupancy for the development. Prior to the issuance of a building permit, the applicant, shall provide evidence of adequate fire flow. The Orange County Fire Authority Water Availability for Fire Protection form shall be signed by the applicable water district and submitted for approval to the Orange County Fire Authority. Prior to the issuance of any grading permits, the applicant shall submit to the Fire Chief a list of the quantities of all hazardous, flammable and combustible materials,., liquids or gases to be stored, used, or handled on site. These liquids and materials shall be classified according ,to the Uniform Fire Code.using the "Guideline for Completing Chemical Classification Packets." The submittal shall provide .a summary sheet listing each hazard class, the total quantity of chemicals 'stored per class, and the total quantity of chemicals used in that class. Ail forms of materials are to be converted to units of measure in pounds, gallons; and cubic feet. Prior to the issuance of a building permit, the applicant shall contact the Orange County Fire Authority Hazardous Materials serVices Section at (714) 744-0463 to obtain a "Hazardous Materials Disclosure Chemical Inventory and Business Emergency Plan" packet. This shall be completed and submitted to the Fire Chief prior to' the issuance of a building permit. Prior to the issuance of a building permit, plans shall be submitted to the Fire Chief showing the location of any. above- or below-ground storage tanks .for review and approval. Exhibit A- Conditions of Approval Resolution 3791 Cup 01-010 & DR 01-007 Page 16 (2) 8.2 Prior to issuance of any permits', the applicant shall pay the following fees. Payment will be required, based upon the rate in effect at the time of permit issuance and are subject to change. am All applicable Building and Grading plan Check and permit fees shall be paid to the Community Development Department. b,,' Orange County Fire Authority plan check and inspection fees to the Community Development Department based upon the most current schedule. Gl School facilities fee .of $.33 per.square foot of gross floor area or based upon the most current schedule, unless determined .to be exempt by the Tustin' Unified School District. d, e. New development fees in the amount of $.10 per square foot of gross floor area paid to the Community Development Department. Transportation System Improvement Program '(TSIP) Benefit Area "A" fees in the amount of $5.53 per square foot of new or added gross square floor area of construction or improvements to the Community Development Department. Payment of the Major Thoroughfare and Bridge Fees to the Tustin Public Works Department at the time a building permit is issued. The current fee is $3.16 per square foot of new building area. g 'Payment of the Orange County Sanitation District No. 7 Sewer Connection Fees at the time a building permit is issued. The current fee is $1.60 per square foot of building area. Within forty-eight (48) hours of Project apprOval, the applicant shall deliver to the Community Development Department a. cashier's check payable to the COUNTY CLERK in the amount of $43.00 (forty-three dollars) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour.period the applicant has not delivered to the Community Development Department the above- noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened. · ATTACH M NT D ! DATE' 'TO' FROM' SUBJECT: JULY 23, 2001 PLANNING COMMISSIONERS Inter-Com ELIZABETH A. BINSACK, COMMUNITY DEVELOPMENT DIRECTOR AUTO-RELATED BUSINESSES WITHIN A ONE-MILE 'RADIUS OF THE PROPOSED COIN-OPERATED CARWASH At the July 9, 2001, Planning Commission meeting, Commissioner Hamilton requested information regarding the number of auto-related businesses within the west Tustin area. Attached is a map providing the locations of carwashes and other auto-related · businesses within a one-mile radius of the proposed site. EH:OvcrconccntationGrid ~100 .. z z LENITA LN STREET STREET ! L...q . STREET PC C' STREET · 11500 . PC PC ...... COMM. MM. ... PC ~ BUS PARIJ PC · PC: "' · R-3 RES. ~ ..~ '' R-1 /R_.V..I.N_F._ ..... Pr AVE W~ WELLINGTON B I G E LOW ORANGE TREE' NORWOOD THEODORA ' KIRK ·NORWOOD .AVE: i.j PARK DRIVE · WAY :. P&I , t BO0 COLUMBUS TUSTIN IN ~ERMEOIATE ~CHOOL EILVO , ClP .' LN PD ~'I.RST .: C;1 MHP R3 ~ ELEMENT&RY SCHOOL| ! ·. /· :~C R3 1750· ', '1 RU 5TREFT 8 P&I MHP ' I -- 1 .r_~--~..4 r ~ ..w PD '.~ H~OU'~L ~(i----,.=, . 2700 · · . ".,,_~.~ R3 t R3 16500 ,, · 'RI' )ND R1 ST SECOND R3 · STREET' Pc' COM~ ,/ /' · · ,. · o 2~00 STREET z ~TREET STREET STREET ...... MHP STREFT P&I R.3 : R3 iI' ' I!i.- R ~~ Ii,ill C1P'~ 3 ~-Cl ' 6 ' 0 0 .........J [_c.~iL'.::---J .... R1 PD ,/ MAI R3.. 1500. PC COMM. ~ PO C I75OO LIME PC IM. VAHDEN I~,1:: m G PC R-3 R-1 RI. RES. E-4 '~ E-4 J CORI. A '.~ l?O00 R3' Pr R1 SECOND H1 ST , R1 SECOND k _____J = THIRD STREET· %IX1H R4 m : PD 'Avt R 1 =R1 MEDALL tON MHP' C2P , 1OD-E- PC U3 ~VE ARBO -LADA WY BIGEL.OW ORANGE TREE NORWOOD ;TON THEODOR COLUMBUS T USTINII IN TERMEDIATE SCHOOL 800 IN POST OFFICE tND R3 : ~ lC ' PC' COMIC, ../ /' .. · ~LINGTO_t ~ LV O m C1P · PD KIRK-- ' ~VE NORWOOD · DRIVE LUCERO ~ WAY~...._. R3 i G1 ~ 7,~. ,;, ,/'*,'-- -/ . .. .. .. .. r'a d t ".,... ... ATTACH M NT l0 t4 20 2! 22 23 2.4 25 2? 28 29 RESOLUTION NO. 01-82 (Alternative #1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING CONDITIONAL USE PERMIT 01-010 AND DESIGN REVIEW 01-007 TO CONSTRUCT A 2,158 SQUARE FOOT COIN- OPERATED CARWASH LOCATED AT 101 TUSTIN AVENUE. The City Council does hereby resolve as follows: The City Council finds and determines as follows' A, That a proper application, Conditional Use Permit 01-010 and Design Review 01-007, was filed by Martin Coda requesting authorization to construct a 2,158 square foot coin-operated carwash located at 101 Tustin Avenue. B, That the property is located in the Central Commercial (C-2) Zoning District and a Conditional Use Permit is required for the proposed use in accordance with Section 9232(b)(k) and design review is required in accordance with Section 9272(a) of the City Code. C, That the proposed use is a service-oriented commercial business which is consistent with the "Community Commercial" land use designation of the General Plan and has been determined to be consistent with the Air Quality Sub-element. D, That a public hearing was duly called, noticed, and held for said application on July 9, 2001, and continued to July 23, 2001, by the Planning Commission. E, On July 9, 2001, staff recommended that the Planning Commission deny said application due to the over-concentration of automotive uses within the area; the potential for security and code enforcement problems due to the unsupervised, 24 hour operation; the proposed orientation of the building; the amount of hardscape; and the lot is a gateway into the City from the west. Fo After due consideration of the project and public testimony on July 9, 2001, the Planning Commission directed staff to draft a resolution with additional site design and mitigating conditions of approval for their consideration at the July 23, 2001 Planning Commission meeting. G, On July 23, 2001, the Planning' Commission adopted Resolution No. 3791 approving Conditional Use Permit CUP 01-010 and Design Review DR 01- 007. l0 14 l? 20 24 25 2? 28 29 Resolution No. 01-82 CUP 01-010 & DR 01-007 Page 2 Ho J, On July 30, 2001, Nathan Menard representing Old Town Tustin appealed the Planning Commission's decision approving CUP 01-010 and DR 01- 007, to the City Council. That a public hearing was duly called, noticed, and held for the appeal of Conditional Use Permit 01-010 and Design Review 01-007 on August 20, 2001 by the City Council. As conditioned, the proposed use will not be detrimental to health, safety, morals, comfort, and general welfare of the persons residing in or working in the neighborhood in that: , The proposed project provides a support service to existing or future uses allowed by the Zoning Code. , The proposed project is generally consistent with the Auto Service Design Guidelines. The carwash bays would be somewhat screened from public view, while still allowing visibility for security purposes. Mature specimen evergreen trees and a hedge row will be planted around the street-site perimeter to allow for optimal screening of the carwash bays, vehicles in the queuing area and parked. . The scale, massing, and design of the proposed structure is appropriate for the area. , The proposed site plan provides for sufficient vehicle ingress, egress, on-site maneuvering, and parking. o There will be no on-site or off-site traffic impacts and no effect on the existing and planned level of service for adjacent arterials and intersections. Payment of Transportation System Improvement Program fees will be used to mitigate cumulative impacts on the transportation system. , As conditioned, screening material and/or landscaping will buffer the view of the vacuums and the mechanical equipment and partially buffer the view of the four (4) carwash bays from the public right-of- way. As conditioned, the property ownedoperator would be able to store or dispose of abandoned or wrecked vehicles on site in accordance with California Vehicle Code Section 22658 (a)(1) so that the property does not appear to be a used-car lot or create a public l0 ]4 20 2! 2:? :?4 25 2'7 28 Resolution No. 01-82 CUP 01-010 & DR 01-007 Page 3 Ko nuisance. . As conditioned, security lighting would be installed on site to allow visibility during hours of darkness for police patrol to reduce the potential for loitering. . As conditioned, the use may be reviewed annually by the Community Development Director to determine if maintenance, security, and/or other nuisance problems exist as a result of the establishment and whether additional conditions to mitigate any future problems should be implemented by the Community Development Director. 10. As conditioned, the materials and architecture are compatible with the surrounding area. Natural paving and building materials are incorporated into the design of the site and the building includes a consistent hip roof design. Pursuant to Section 9272 of the Tustin Municipal Code, the Commission finds that the location, size, architectural features, and general appearance of Design Review 01-007, as conditioned, 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 City Council has considered at' least the following items: o Height, bulk, and area of buildings. , Setbacks and site planning. 3. Exterior materials and colors. o Type and pitch of roofs. . Size and spacing of windows, doors, and other openings. , Towers, chimneys, roof structures, flagpoles, radio 'and television antennae. . Landscaping, parking area design, and traffic circulation. , Location, height, and standards of exterior illumination. , Location and appearance of equipment located outside an enclosed structure. 10. Location and method of refuse storage. l0 14 20 2! 24 25 28 ?-9 Resolution No. 01-82 CUP 01-010 & DR 01-007 Page 4 L, M, 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 neighborhood and public thoroughfares. 13. Development Guidelines and criteria as adopted by the City Council. That this project is Categorically Exempt pursuant to Section 15303, Class 3 of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). That the applicant has agreed to provide a dedication of additional right-of- way along Tustin Avenue, First Street, and the corner cut-off at the northeast corner of Tustin Avenue and First Street for the widening of and related improvements to Tustin Avenue and First Street for pedestrian, vehicular, and ADA facilities, access, and right-of-way. The dedication of right-of-way would bring Tustin Avenue and First Street into compliance with the definition of the appropriate roadway classification within the Circulation Element of the General Plan. II. The City Council hereby approves Conditional Use Permit 01-010 and Design Review 01-007 to construct a 2,158 square foot coin-operated carwash located at 101 Tustin Avenue, subject to the conditions contained in Exhibit A, attached hereto. PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular meeting on the 20th day of August, 2001. TRACY WILLS WORLEY Mayor PAMELA STOKER City Clerk l0 14 l? 20 21 22 23 24 25 2(; 2'7 28 29 Resolution No. 01-82 CUP 01-010 & DR 01-007 Page 5 STATE OF CALIFORNIA ) COUNTY OF ORANGE ') CITY OF TUSTIN ) CERTIFICATION FOR RESOLUTION NO. 01-82 I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California,' do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above foregoing Resolution No. 01-82 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 20~h .day of August, 2001. PAMELA STOKER City Clerk EXHIBIT A CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 01-010 DESIGN REVIEW 01-007 AUGUST 20, 2001 (~) (~) (~) (~) (1) GENERAL 1.1 The proposed use and construction shall substantially conform with the submitted plans for the project date stamped August 20, 2001, on file with the Community Development Department, except as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Director of Community Development may also approve minor modifications during plan check if such modifications are to be consistent with the provisions of the Tustin City Code and other applicable codes. 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. 1.3 The subject project approval shall become null and void unless permits for the proposed project are issued and substantial construction is underway within eighteen (18) months of the date of this Exhibit. Time extensions may be considered if a written request is received by the Community Development Department within thirty (30) days prior to expiration. 1.4 Approval of Conditional Use Permit 01-010 and Design Review 01-007 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 "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. 1.5 The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of a challenge of the City's approval for this project. (~) (2) (3) (4) SOURCE CODE~ STANDARD CONDITION CEQA MITIGATION UNIFORM BUILDING CODEIS DESIGN REVIEW EXCEPTIONS (s) (6) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY Exhibit A - Conditions of Approval Resolution 01-82 Cup 01-010 & DR 01-007 Page 2 (1) 1,6 (1) (5) (1) Any violation of any of the conditions imposed is subject to the imposition of a civil penalty of $100.00 for each violation and each day the violation exists. 1.7' The applicant shall be responsible for costs associated with any necessary code enforcement action. USE RESTRICTIONS 2.1 No other auto service use is permitted with the exception of the approved coin-operated carwash facility. 2.2 The proposed use may be reviewed by. the Community Development Director and/or Police Chief on a annual basis or more if deemed necessary. If, in the future, the Community Development Director and/or Police Chief determine that maintenance, security, and/or other nuisance problems exist on the site or in the vicinity as a result of the establishment of the coin-operated carwash, the Community Development Director and/or Police Chief may require the applicant to provide additional mitigation including, but not limited to, the following: a. c. Reduce hours of use. Install carwash bay doors that would be closed during non-business hours. Addition of other security measures. The Director may recommend to the Planning Commission modification to the existing conditions or impose new conditions as part. of such review to protect the public health, safety, community aesthetics, and general welfare. Failure to satisfy the above condition shall be grounds for revocation of CUP 01-010. 2.3 Vehicle stacking in the public right-of-way shall be prohibited and any violation shall be subject to citation. 2.4 The storage of junk or permanently disabled or wrecked automobiles shall not be permitted. Used or discarded automotive parts or equipment shall not be located on the premises. No inoperative vehicles' shall be permitted to be parked or stored on site. 2.5 Storage of buses, trucks, cars, or similar vehicles is prohibited. 2.6 Parking and advertising of vehicles for sale or lease is not permitted. Exhibit A - Conditions of Approval Resolution 01-82 Cup 01-010 & DR 01-007 Page 3 (1) 2.7 .(4) (7) (1) (1) (1) (1) (1) Appropriate posting shall be provided on site in accordance with the California Vehicle Code Section 22658(a)(1) allowing the property owner to tow abandoned vehicles. Abandoned vehicles shall be towed within 24 hours of notification by the City. 2.8 All. requirements of the City's Noise Ordinance (Chapter 6 of the Tustin City Code) shall be met at all times. 2,9 No outdoor storage shall be permitted except as Community Development Director. approved by the 2.10 The installation of any exterior, freestanding vending machines, such as, but not limited to, beverage or soda machines, candy, magazine racks, and any other retail product is prohibited. 2.11 The property owners of the carwash facility shall be responsible for the daily maintenance of the subject property, 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. All graffiti shall be removed within 72 hours of a complaint being transmitted by the City to the property owner. Failure to maintain said structure and adjacent facilities will be grounds for City enforcement of its Property Maintenance Ordinance, including nuisance abatement procedures. The applicant is required to coat and protect all wall surfaces with a graffiti resistant finish and/or material prior to occupancy. 2.12 No exterior pay phones are allowed. 2.13 No signs or banners shall be permitted on the property that provide, on- or off-premises advertising unless permitted by the City of Tustin Sign Code. The property owners/operators of the carwash facility shall be responsible for the daily maintenance of removing any unauthorized signage on site within 24 hours of notification by the City. 2.14 The installation and operation of the carwash bays shall be performed in accordance with the requirements of the South Coast Air Quality Management District. The applicant shall provide evidence to the Community Development Director of approval by the South Coast Air Quality Management District. PLAN SUBMITTAL 3.1 The elevations shall depict colors and materials consistent with the color/material board approved for the project. Exhibit A - Conditions of Approval Resolution 01-82 Cup 01-010 & DR 01-007 Page 4 (1) 3.2 (1) 3.3 (4) 3.4 (4) 3.5 (4) 3.6 (4) 3.7 · · (3) 3.8 (3) 3.9 Landscaping and natural paving materials to complement the architecture and building materials shall be used to create a decorative band between the existing northerly driveway and the building. The materials and design of the paving shall be submitted for review and approval by the Community Development Director. Brick cap stones to match the architectural features and building materials shall be installed on the front wall. The material and design shall be submitted for review and approval by the Community Development Department. A six (6) foot eight (8) inch block wall with stucco finish to match the building shall be provided along the north property line to buffer the proposed facility from the adjacent properties. The hip roof illustrated on the south elevation of the mechanical room shall be extended into a full peak. The vacuum equipment on each island shall be screened from public view, and the screening material shall be compatible with the building subject to review and approval by the Community Development Director. Enclosure of electric and gas meters, change machines, and cleaning product dispensers must be screened from public view and must be compatible with the building treatment subject to review and approval by the Community Development Director. At the time of building permit application, the plans shall comply with the 1998 California Building Code (CBC), 1998 California Mechanical Code (CMC), 1998 California Plumbing Codes (CPC), 1998 California Electrical Code (CEC), California Title 24 Accessibility Regulations, Title 24 Energy Regulations, City Ordinances, and State and Federal laws and regulations. Building plan check submittal shall include the following: · Seven (7) sets of construction plans, including drawings for mechanical, plumbing, and electrical. · Two (2) copies of structural calculations. Elevations that.include all proposed dimensions, finishes, and partial outlines of adjacent buildings on site and off site where applicable. Exhibit A - Conditions of Approval Resolution 01-82 Cup 01-010 & DR 01-007 Page 5 (3) 3.10 (3) 3.11 (1) 3.12 (3) 3.13 (1) 3.14 (1) 3.15 (4) 3.16 (3) 3.17 o Roofing material that is fire rated class "B" or better. Note on plans that no field changes shall be made without prior approval from the Building Official and architect or engineer of record. Vehicle parking, primary entrance to the building, the primary paths of travel, cashier space, sanitary facilities, drinking fountain, and public telephones shall be accessible to persons with disabilities. Parking spaces designed for use by persons with disabilities shall comply with California Title 24 Regulations. The loading zone shall be located on the passenger side of the vehicle. Prior to permit issuance, clearances from the Orange County Fire Authority will be required. Provide an area analysis for the building and show compliance with allowable floor areas based on 1998 California Building Code, Chapter 5, Table 5-B. Provide details of all proposed lighting fixtures and a photometric study showing the location and anticipated pattern of light distribution of all proposed fixtures. The design of the light fixtures should be consistent with the architecture of the building. All exterior lighting shall be designed and arranged not to direct light or glare onto adjacent properties, including the adjacent streets and right-of-ways. Wall-mounted fixtures shall be directed at a 90-degree angle directly toward the ground. All lighting shall be developed to provide a minimum of one (1) foot-candle of light coverage in accordance with the City's Security Ordinance. Security lighting shall be installed around the exterior of the building to provide visibility for night patrol. The amount and location of security lighting shall be reviewed and approved by the City of Tustin Police Department. All parapets shall be at least six (6) inches above any roof-mounted equipment, vents, and exhausts. Cross-section details showing the installation of any proposed rooftop equipment shall be provided. Rooftop equipment shall be installed and maintained so that it is not visible from the public right-of-way. Show the location of any utility vents or other equipment on the roof plan. Seven (7) sets of final grading plans consistent with the site and landscaping plans as prepared by a registered civil engineer shall be submitted and shall include the following' Exhibit A - Conditions of Approval Resolution 01-82 Cup 01-010 & DR 01-007 Page 6 (3) 3.18 (3) 3.~9 (1) 3.20 (1) 3.21 (1) 3.22 (1) 3.23 (1) 3.24 Technical details and plans for all utility installations including telephone, gas, water, and electricity. Three (3) copies of a precise soil report provided by a civil engineer and less than one (1) year old. Expanded information regarding the levels of hydrocarbons and ground water contamination found on site shall be provided in the soil report. All pavement "R'" values shall be in accordance with applicable City of Tustin standards. All site drainage shall be handled on site and shall not be permitted to drain onto adjacent properties. Drainage, vegetation, circulation, street sections, curbs, gutters, sidewalks, and storm drains shall comply with the on-site Private Improvement Standards. Two (2) copies of Hydrology Report. The engineer of record must submit a final compaction report to the Building Division for review and approval prior to the issuance of a building permit. The engineer of record must submit a pad certification to the Building Division for review and approval prior to the issuance of a building permit. A surety/cash bond will be required to assure work is completed in accordance with approved plans prior to permit issuance. The engineer's estimated cost of the grading, drainage, and erosion control shall be submitted to the Building Official for determination of the bond amount. Information to ensure compliance with requirements of the Orange County Fire Authority, including fire flow and installation of fire hydrants subject to approval of the City of Tustin Public Works and/or Irvine Ranch Water District. No exterior downspouts shall be permitted on any fa(;ade of the building which is visible from adjacent streets or residential/commercial areas. Roof scuppers shall be installed with special lip devices so that overflow drainage will not stain the walls. All exposed metal flashing or trim shall be anodized or painted compatible with the main building. Exhibit A - Conditions of Approval Resolution 01-82 Cup 01-010 & DR 01-007 Page 7 (1) 3.25 A protective graffiti resistant finish shall be applied on all elevations of the proposed structure, subject to review and approval by the Community Development Director. (1) 3.26 Provide a copy of Orange County Health Department, Orange County Fire Authority, and AQMD clearances for previous underground fuel tanks. Include a copy of the re-compaction report for back filling of the excavated areas for tanks, OR comply with the following conditions. (a) A corrective action plan for soil remediation on the site that describes and justifies the proposed remediation shall be submitted to and approved by the Community Development Department and Orange County Health Department. This report must indicate: a) the locations of monitoring and extraction wells proposed at the site; b) which wells will be abandoned, if necessary; and c) where replacement wells will be located after site construction is complete. Replacement wells shall be specifically identified on the site plan and located not to obstruct site access, building locations, or required parking spaces. (b) The applicant shall provide to the Orange County Health Department a report on the findings of the most recent soil samples collected. These findings will allow the Orange County Health Department to evaluate the levels of hydrocarbons and ground water contamination found on the site. (c) A vapor risk assessment that evaluates the potential health risks to the occupants of the proposed building posed by any residual subsurface contamination at the subject site shall be submitted to and approved by the Orange County Health Department. Approved copies of such assessment shall be provided to the Community Development Department. The Orange County Health Department requires a vapor risk assessment for any contaminated sites where the land use will change from automotive repair or fueling station to any other commercial or residential use. (d) A work plan for all modifications to the remediation system at the subject site must be submitted to and approved by the OCHCA, with approved copies of such work plan provided to the Community Development Department. Exhibit A - Conditions of Approval Resolution 01-82 Cup 01-010 & DR 01-007 Page 8 (1). 3.27 Individual trash service may be provided on the site provided .that such service is acceptable in writing by Federal Disposal Services. In the event that trash bin service is requested either at this time or in the future by Federal Disposal Services, a trash bin with surrounding enclosure shall be located on the property. A trash bin with surrounding enclosure shall be located on the proPerty and maintained to avoid health issues for neighboring commercial and residential areas. An adequate size trash enclosure with solid metal, self-closing, self-latching gates shall be provided. Said enclosure shall be screened by a solid decorative wall consistent with the adjacent building's material and finish and be of a minimum height of six (6) feet. The actual location of the enclosure and types of screening and details of the enclosure shall be submitted at building plan check and are subject to approval by the Community Development Department. The location of the bin, size, and quantity shall be reviewed and accepted in writing by Federal Disposal Services. (1) 3.28 In addition to the trash enclosure, an adequate number of trash receptacles to serve the clientele of the carwash facility shall be provided outside of the building. The design of the outdoor trash receptacles and other fixtures shall be compatible with the design elements of the exterior features on the main building. (1) 3.29 All construction operations, including engine warm-up and deliveries of materials and equipment, shall be subject to the provisions of the Tustin Noise Ordinance and shall take place only between the hours of 7:00 a.m. and 6:00 p.m. Monday through Friday, and between 9:00 a.m. and 5:00 p.m. on Saturday, unless otherwise determined by the Community Development Director and/or Building Official. (1) 3.30 Construction hours shall be clearly posted on the project site to the satisfaction of the Building Official. (1) 3.31 The applicant shall comply with all City policies regarding short-term construction emissions, including periodic watering of the site and prohibiting grading during second stage smog alerts and when wind velocities exceed 15 miles per hour. (1) 3.32 A note shall be provided on final plans that a six (6) foot high chain link fence shall be installed around the site prior to building construction stages. A nylon fabric or mesh shall be attached to the temporary construction fencing. Gated entrances shall be permitted along the perimeter of the site for construction vehicles. Exhibit A - Conditions of Approval Resolution 01-82 Cup 01-010 & DR 01-007 Page 9 (7) 3.33 (6) (6) (4) Pursuant to the City of Tustin's Security Ordinance and the Uniform Fire Code, street numbers shall be displayed in a prominent location on the street side of the building. The numerals shall be no less than six (6)inches in height and shall be of contrasting color to the background to which they are attached. LANDSCAPING 4.1 The site shall be landscaped consistent with the City's Landscaping and Irrigation Guidelines. Landscaping shall consist of a combination of berming and sufficient numbers of shrubs and trees to provide adequate screening, subject to the satisfaction of the Community Development Director. 4.2 Provide a detailed landscape and irrigation plan for all landscaping areas on the site and include the following information' a. A summary table applying indexing identification to plant materials in their actual location. The plan and table must list botanical and common names, sizes, spaces, actual location, and quantity of the plant materials proposed. bo Planting and berming details, soil preparation, staking, etc. Co The irrigation plan shall show location and control of backflow prevention devices, pipe size, sprinkler type, spacing, and coverage. Details for all equipment must be provided. d. All property lines on the landscaping and irrigation plan, public right- of-way area, sidewalk widths, parkway areas, and wall location, if any. eo Note on landscaping plan that coverage of landscaping irrigation materials is subject to field inspection at project completion by the Community Development Department. 4.3 The Aleppo Pine tree (pinus halepensis) or other non-deciduous evergreen tree species approved by the Community Development Director proposed around the perimeter of the site for screening purposes shall be a minimum combination of 48-inch box and 60-inch box size specimens. Exhibit A - Conditions of Approval Resolution 01-82 Cup 01-010 & DR 01-007 Page 10 (7) 4.4 A minimum of 15 percent landscaping shall be provided on the project site including a landscape buffer around the perimeter of the site in accordance with the Auto Service Design Guidelines and the Parking Lot Design Guidelines. (6) 4.5 Provide a cross section detail of the parking and stacking area and identify the height of the landscape berm and vegetation adjacent to Tustin Avenue and First Street. The berm shall be a minimum of 36 inches and, when combined with landscaping, a minimum height of 42 inches. Landscape screening shall be provided along the westerly building elevation subject to review and approval by the Community Development Department. (6) 4.6 The Community Development Department may request minor substitutions of plant materials or request additional sizing or quantity materials during plan check or field inspections to ensure sufficient screening. (6) 4.7 The submitted landscaping plans shall reflect the following requirements, either incorporated into the design or included in the notes: a. Turf is unacceptable for grades over 25 percent. A combination of planting materials must be used; ground cover on large areas alone is not acceptable. b. Provide a minimum of one 15-gallon size tree and five 5-gallon shrubs for every 30 feet of property line on the property perimeter. C. Shrubs shall be a minimum of 5-gallon size and shall be spaced a minimum of 5 feet on center when intended as screen planting. d. Ground cover shall be planted between 8 to 12 inches on center. e. When one-gallon plant sizes are used, the spacing may vary according to materials used. All plant materials shall be installed.in a healthy and vigorous condition typical to the species and shall be maintained in a neat and healthy condition. Maintenance includes, but is not limited to, trimming, moving, weeding, removal of litter, fertilizing, regular watering, and replacement of diseased or dead plants. (6) 4.8 The landscape materials shall not conflict with the visual clearance requirements of any existing or proposed driveway approach. Exhibit A - Conditions of Approval Resolution 01-82 Cup 01-010 & DR 01-007 Page 11 WATER QUALITY Prior to issuance of grading permits, the applicant shall obtain approval of the Community Development and Public Works Departments for a Water Quality Management Plan (WQMP) specifically identifying Best Management Practices (BMPs) that will be used on site to control predictable pollutant run-off. This WQMP shall identify the structural and non-structural measures which will be implemented on this project and shall detail the implementation of BMPs whenever they are applicable to the project; the assignment of long-term maintenance responsibilities (specifying the developer, parcel owner, maintenance association, lessee, etc.), and reference to the location(s) of structural BMPs. The property owner and applicant shall be responsible for implementing the provisions of the WQMP on an on-going, permanent basis. 5,2 Prior to submittal of a Water Quality Management Plan (WQMP), the applicant shall submit a deposit of $2,500.00 for the estimated costs of review of the WQMP to the Building Division. The actual costs shall be deducted from the deposit, and the applicant shall be responsible for and pay for any additional review costs that exceed the deposit prior to issuance of grading permits. Any unused portion of the deposit shall be refunded to the applicant. (1) 5.3 Prior to issuance of any permits, the property owner shall record a "Notice of Water Quality Management Plan (WQMP)" with the County-Clerk Recorder on a form provided by the Community Development Department to inform future property owners of the requirement to implement the approved WQMP. (1) 5.4 Prior to the issuance of any permits, the property owner and applicant shall provide written consent and authorization to enter the property for the purpose of conducting compliance assessments. An authorized inspector may inspect the property for the purpose of verifying compliance with Chapter 4 of the Tustin City Code (Water Quality Ordinance) and verifying compliance with the approved Water Quality Management Plan. 5.5 The Community Development and Public Works Departments shall determine whether any proposed change in use requires an amendment to an approved Water Quality Management Plan. 5.6 The following requirements shall be defined on permit plan cover sheets as either general or special notes and the project shall be implemented in accordance with the notes: Exhibit A - Conditions of Approval Resolution 01-82 Cup 01-010 & DR 01-007 Page 12 Construction sites shall be maintained in such a condition that an anticipated storm does not carry wastes or pollutants off the site. Discharges of material other than stormwater are allowed only when necessary for performance and completion of construction practices and where they do not: cause or contribute to a violation of any water quality standard; cause or threaten to cause pollution, contamination, or nuisance; or contain a hazardous substance in a quantity reportable under Federal Regulations 40 CFR Parts 117 and 302. Potential pollutants include, but are not limited to: solid or liquid chemical spills; wastes from paints, stains, sealants, glues, limes, pesticides, herbicides, wood preservatives and solvents; asbestos fibers, paint flakes or stucco fragments; fuels, oils, lubricants, and hydraulic, radiator, or battery fluids; fertilizers, vehicle/equipment wash water and concrete wash water; concrete, detergent or floatable wastes; wastes from any engine equipment steam cleaning or chemical degreasing; and, superchlorinated potable water line flushings. During construction, disposal of such materials should occur in a specified and controlled temporary area on site, physically separated from potential storm water run-off, with ultimate disposal in accordance with local, State, and Federal requirements. Dewatering of contaminated groundwater, or discharging contaminated soils via surface erosion, is prohibited. Dewatering of non-contaminated groundwater requires a National' Pollutant Discharge Elimination System Permit. from the California State Regional Water Quality Control Board. $.? An erosion and sedimentation control plan shall be submitted for review and approval to the Building Official prior to issuance of grading permits. A variety of best management practices including BMP Nos. 1, 10, and 12 through 24, as identified in the City's Best Management Practices Handbook and devices such as desilting basins, check dams, cribbing, rip rap, watering, and other methods shall be included on the plan, implemented, and maintained on an on-going basis to control water and wind-related erosion and prevent sedimentation from entering the storm drain system, adjacent properties, or rights-of-way. Exhibit A - Conditions of Approval Resolution 01-82 Cup 01-010 & DR 01-007 Page 13 A variety of best management practices including BMP Nos. 1, 3 through 9, 11 through 15, 18 and 24, as identified in the City's Best Management Practices Handbook shall be implemented on an on-going basis during construction to protect surface waters and prevent wastes or pollutants from moving off site during a storm. Potential pollutants include, but are not limited to, paints, stains, sealants, glues, fuels, oils, lubricants, fertilizers, etc. Disposal of such materials shall occur in a specified 'and controlled temporary area on site, physically separated from potential storm water run-off, with ultimate disposal in accordance with local, State, and Federal regulations. 5.9 Prior to issuance of .grading permits, the applicant shall post with the Community Development Department a minimum $2,500 cash deposit or letter of credit to guarantee the sweeping of streets and clean-up of streets affected by construction activities. In the event this deposit is depleted prior to completion of development, an additional incremental deposit will be required. 5.10 Earth, sand, gravel, rock, stone, or other excavated material or debris may not be deposited or moved so as to cause the same to be deposited upon or roll, blow, flow, or wash upon or over any public place or right-of-way or the premises of another without the express written consent of the owner. When loading or transporting any earth, sand, ground, rock, stone or other excavated material or debris, such material shall be prevented from blowing or spilling onto the public right-of-way or adjacent private property. The applicant shall be responsible for maintaining public rights-of-way in a condition reasonably free of dust, earth, or debris attributed to the grading operation. If any debris is deposited within the right-of-way or adjacent property, the applicant shall be responsible for removing the material immediately. ENGINEERING (5) 6.1 The existing southerly drive on Tustin Avenue will need to be removed and full-height curb, gutter, and sidewalk shall be constructed in its place, per City Standards. (5) 6.2 The applicant shall provide an updated title report dated within the last thirty (30) days. (5) 6.3 The applicant shall provide a copy of the ALTA/ACSM land title survey drawing prepared by Anacal Engineering Company. All property lines and easements and dedication lines shall be clearly depicted and labeled. Exhibit A - Conditions of Approval Resolution 01-82 Cup 01-010 & DR 01-007 Page 14 (1) 6.4 (1) 6.5 (1) 6.6 (3) 6.7 A separate 24"x 36" street improvement plan, as prepared by a California Registered Civil Engineer, will be required for all construction within the public right-of-way. Construction and/or replacement of any missing or damaged public improvements will be required adjacent to this development. Said plan shall include, but not be limited to, the following' Curb and gutter; Sidewalk, including curb ramps for the physically disabled; Drive aprons; Domestic water facilities; Sanitary sewer facilities; and Underground utility connections. In addition, a 24"x 36" reproducible construction area traffic control plan, as prepared by a California Registered Traffic Engineer or Civil Engineer experienced in this type of plan preparation, will be required. Prior to any work in the public right-of-way, an Encroachment Permit must be obtained from and applicable fees paid to the Public Works Department. Preparation and submittal of a final grading plan showing all pertinent elevations as they pertain to the public right-of-way along with delineating the following information: a) b) c) Final street elevations at key locations. Final pad/finished floor elevations and key elevations for all site grading. All pad elevations to be a minimum of 1.0 foot above base flood elevation as defined by FEMA. All flood hazards of record. Current Federal Americans with Disabilities Act (ADA) requirements will need to be met at the drive aprons. This will require construction of a minimum four (4) foot wide sidewalk behind the drive apron. The maximum cross slope of the sidewalk shall be two percent and the maximum ramp slope of the drive apron shall be ten percent. This may require dedication of additional right-of-way to accommodate the sidewalk construction. A legal description and sketch of the dedication area, as prepared by a California Registered Civil Engineer and/or California Licensed Land Surveyor, shall be submitted to the Engineering Division for review and approval. Exhibit A - Conditions of Approval Resolution 01-82 Cup 01-010 & DR 01-007 Page 15 (3) 6.8 Dedication of fifty (50) feet of additional right-of-way along Tustin Avenue, forty (40) feet of additional right-of-way along First Street, and the appropriate corner cut-off may be required based upon the title report and ALTA. This shall be in the form of an irrevocable offer of dedication. Provide a legal description and plat prepared by a California Registered Civil Engineer or California Licensed Land Surveyor. These shall be submitted to the Engineering Division for review and approval prior to issuance of a grading permit. (3) 6.9 Any .damage done to existing street improvements and utilities shall be repaired before issuance of a Certificate of Occupancy for the development. (5) 7.1 Prior to the issuance of a building permit, the applicant shall provide evidence of adequate fire flow. The Orange County Fire Authority Water Availability for Fire Protection form shall be signed by the applicable water district and submitted for approval to the Orange County Fire Authority. (5) 7.2 Prior to the issuance of any grading permits, the applicant shall submit to the Fire. Chief a list of the quantities of all hazardous, flammable and combustible materials, liquids or gases to be stored, used, or handled on site. These liquids and materials shall be classified according to the Uniform Fire Code using the "Guideline for Completing Chemical Classification Packets." The submittal shall provide a summary sheet listing each hazard class, the total quantity of chemicals stored per class, and the' total quantity of chemicals used in that class. All forms of materials are to be converted to units of measure in pounds, gallons, and cubic feet. (5) 7.3 Prior to the issuance of a building permit, the applicant shall contact the Orange County Fire Authority Hazardous' Materials Services Section at (714) 744-0463 to obtain a "Hazardous Materials Disclosure Chemical Inventory and Business Emergency Plan" packet. This shall be completed and submitted to the Fire Chief prior to the issuance of a building permit. (5) 7.4 Prior to the issuance of a building permit, plans shall be submitted to the Fire Chief showing the location of any above- or below-ground storage tanks for review and approval. Exhibit A - Conditions of Approval 'Resolution 01-82 Cup 01-010 & DR 01-007 Page 16 (2) 8.2 Prior to issuance of any permits, the applicant shall pay the following fees. Payment will be required based upon the rate in effect at the time of permit issuance and are subject to change. a. All applicable Building and Grading plan check and permit fees shall be paid to the Community Development Department. bo Orange County Fire Authority plan check and inspection fees to the Community Development Department based upon the most current schedule. C, School facilities fee of $.33 per square foot of gross floor area or based upon the most current schedule, unless determined to be exempt by the Tustin Unified School District. do New development fees in the amount of $.10 per square foot of gross floor area paid to the Community Development Department. eo Transportation System Improvement Program (TSIP) Benefit Area "A" fees in the amount of $5.53 per square foot of new or added gross square floor area of construction or improvements to the Community Development Department. Payment of the Major Thoroughfare and Bridge Fees to the Tustin Public Works Department at the time a building permit is issued. The current fee is $3.16 per square foot of new building area. go Payment of the Orange County Sanitation District No. 7 Sewer Connection Fees at the time a building permit is issued. The current fee is $1.60 per square foot of building area. Within forty-eight (48) hours of project approval, the applicant shall deliver to the Community Development Department a cashier's check payable to the COUNTY CLERK in the amount of $43.00 (forty-three dollars) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period the applicant has not delivered to the Community Development Department the above- noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened. ATTACH M NT F 10 14 20 22 23 24 25 26 2? 28 RESOLUTION NO. 01-82 (Alternative #2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN DENYING CONDITIONAL USE PERMIT 01-010 AND DESIGN REVIEW 01-007 TO CONSTRUCT A 2,158 SQUARE FOOT COIN-OPERATED CARWASH LOCATED AT 101 TUSTIN AVENUE. The City Council does hereby resolve as follows' The City Council finds and determines as follows: A, That a proper application, Conditional Use Permit 01-010 and Design Review 01-007, was filed by Martin Coda requesting authorization to construct a 2,158 square foot coin-operated carwash located at 101 Tustin Avenue. Bo That a Conditional Use Permit is required in accordance with Section 9232(b)(k) and Design Review is required in accordance with Section 9272(a) of the Tustin City Code. C, That a public hearing was duly called, noticed, and held for said application on July 9, and continued to July 23, 2001, by the Planning Commission. D, On July 9, 2001, staff recommended that the Planning Commission deny said application due to the over-concentration of automotive uses within the area; the potential for security and code enforcement problems due to the unsupervised, 24 hour operation; the proposed orientation of the building; the amount of hardscape; and the location of the project which is in an area that is a gateway into the City from the west. E,, After due consideration of the project and public testimony on July 9, 2001, the Planning Commission directed staff to draft a resolution with additional site design and mitigating conditions of approval for their consideration at the July 23, 2001, Planning Commission meeting. F,, On July 23, 2001, the Planning Commission adopted Resolution 3791 approving Conditional Use Permit 01-010 and Design Review DR01-007. G, On July 30, 2001, Nathan Menard, representing Old Town Tustin, appealed the Planning Commission's decision approving CUP 01-010 and DR 01- 007, to the City Council. H, That a public hearing was duly called, noticed, and held for the appeal of Conditional Use Permit 01-010 and Design Review 01-007 on August 20, 2001, by the City Council. l0 14 20 21 23 24 25 2'7 28 29 Resolution 01-82 Cup 01-010 & DR 01-007 Page 2 That the establishment, maintenance and operation of a coin-operated carwash facility will be detrimental to the public health, safety, morals, comfort, and general welfare of the persons residing or working in the neighborhood of such proposed use, and be injurious or detrimental to the property and improvements in the neighborhood of the subject property, and to the general welfare of the City of Tustin, as evidenced by the following findings: o The proposed use would create an over-concentration of carwash facilities in the west part of Tustin. There are eight (8) existing carwash facilities and twenty-two (22) auto related uses within a one (1) mile radius of the project site. Any project on this site would set a precedent for future development on vacant lots in the west part of the City. The proposed carwash may encourage the proliferation of auto-related facilities in the. area and may preclude the preferred development of future retail and office specifically along First Street. . The proposed unsupervised carwash facility would be a potential security problem due to the 24-hour operation and the attraction for loitering, and creating a public nuisance during late night and early morning hours. , The maintenance of unsupervised carwash facilities historically tends to become neglected causing future deterioration and creating an eye-sore and/or a code enforcement problem. o The proposed use would exacerbate an over-concentration of carwash facilities within the west part of Tustin and create an unbalanced land use pattern inconsistent with the goals and policies of the General Plan. The City of Tustin General Plan states' Goal 1' Provide for a well-balanced land use pattern that accommodates existing and future needs for housing, commercial and industrial land, open space and community facilities and services, while maintaining a healthy, diversified economy adequate to provide future City services. Policy 1.6: Encourage compatible and complementary infill of previously by- passed parcels in areas already predominately developed. l0 14 20 21 22 24 25 2? 28 Resolution 01-82 Cup 01-010 & DR 01-007 Page 3 II. , The proposed location of the facility is not consistent with the "Site Selection Order of Preference" within the Council approved Auto Service Design Guidelines. The Guidelines state that the facilities should be constructed on a corner lot designed so the carwash bays are oriented away from public view. Due to the proposed orientation of the carwash building, the carwash bays are visible from public view from Tustin Avenue and FirSt Street. The single access from Tustin Avenue, the size of the site, the paved area needed for site circulation, and parking preclude complete screening of the carwash bays from public view. , The amount of proposed hardscape detracts from the design of the site. The landscaping does not completely screen the carwash bays from direct public view. The location, amount, and types of landscape materials is not configured and selected to provide a significant amount of screening of the carwash bays due to the orientation of the building not conforming with the "Site Design Order of Preference" within the Auto Service Design Guidelines. , This visible corner lot is a gateway into the City from the west and the relationship of the building, landscaping, and site design will set a precedent for any future development or improvements to structures in the neighborhood and public thoroughfares. The proposed use presents a nondescript architectural style which may set a standard for boxy structures to be built in the future within the area. The landscaping does not completely buffer the building from public view, and the amount of landscaping is limited due to the amount of paving proposed for circulation and parking which is more than half the lot. J, That this project' is exempt pursuant to Section 15270, of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act) which states that CEQA does not apply to. projects rejected or disapproved by a public agency. The City Council hereby denies Conditional Use Permit 01-010 and Design Review 01-007 to construct a 2,158 square foot coin-operated carwash located at 101 Tustin Avenue. l0 14 l? 20 2! 22 24 25 2.6 2? 28 29 Resolution 01-82 Cup 01-010 & DR 01-007 Page 4 PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular meeting on the 20th day of August, 2001. TRACY WILLS WORLEY Mayor PAMELA STOKER City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) CERTIFICATION FOR RESOLUTION NO. 01-82 I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of .the City of Tustin is five; that the above foregoing Resolution No. 01-82 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 20~h day of August, 2001. PAMELA STOKER City Clerk