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Home My WebLink About01 ZA REPORT CUP 2020-0014 DR 2020-0014 ITEM #I AGENDA REPORT MEETING DATE: FEBRUARY 18, 2021 TO: ZONING ADMINISTRATOR FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CONDITIONAL USE PERMIT 2020-0014 & DESIGN REVIEW 2020-0014 APPLICANT: PROPERTY OWNER: PETER K. PIRZADEH CHASE GILMORE PIRZADEH &ASSOCIATES IRVINE COMPANY REAL PROPERTIES 30 EXECUTIVE PARK, SUITE 270 101 INNOVATION IRVINE, CA 92614 IRVINE, CA 92617 LOCATION: 2762 EL CAMINO REAL GENERAL PLAN: PLANNED COMMUNITY COMMERCIAL/BUSINESS ZONING: PLANNED COMMUNITY MIXED—USE EAST TUSTIN SPECIFIC PLAN (ETSP)/SP-8 ENVIRONMENTAL THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 2) STATUS: PURSUANT TO SECTION 15302 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. REQUEST: TO DEMOLISH EXISTING CARWASH AND REPLACE WITH AUTOMATED CAR WASH AND RELATED IMPROVEMENTS n c 4 � r, Zoning Administrator February 18, 2021 CUP 2020-0014 & DR 2020-0014 Page 2 RECOMMENDATION That the Zoning Administrator adopt Zoning Administrator Action 21-001 approving Conditional Use Permit (CUP) 2020-0014 and Design Review (DR) 2020-0014, a request to demolish an existing 17,461 square foot hand car wash and replace it with a 2,316 square foot automated car wash with a 4,654 square foot tunnel, thirty-two (32) parking spaces with vacuum stations, and four (4) employee parking spaces, located at 2762 EI Camino Real. APPROVAL AUTHORITY The subject property is located within the Planned Community Mixed Use (PCMU) zoning district and within the East Tustin Specific Plan (ETSP). The ETSP permits car wash establishments subject to the approval of a CUP. Tustin City Code (TCC) Section 9299b3(f) authorizes the Zoning Administrator to review applications for minor conditional use permits for existing developments where there would be no change of primary use, there would be no expansion of floor area, and the request would not alter the original intent of the project or site. TCC Section 9272 authorizes the Community Development Director to consider the DR application; however, since the proposal includes an entitlement application that requires Zoning Administrator approval, DR 2020-0014 is being forwarded to the Zoning Administrator for concurrent consideration for site layout and building design. BACKGROUND Site and Surrounding Properties The project site is located within The Market Place shopping center which is bounded by the Santa Ana (1-5) Freeway to the southwest, Jamboree Road to the southeast, Bryan Avenue to the northeast, and Myford Road to the northwest (Figure 1 —Aerial Map). PcnnuCit Boundar Pcnnu sae Location PCMU" , vui • - � ,. o �a ,i , ,. V Commercial (City of Irvine) Office The Market Place Boundary (City of Irvine) Figure 1. Aerial Map Zoning Administrator February 18, 2021 CUP 2020-0014 & DR 2020-0014 Page 3 The site is located at the southwesterly corner of EI Camino Real and West Drive adjacent to The Home Depot and extends toward Myford Road. Existing tenants in the vicinity of the proposed project are commercial in nature and include a mix of retail, service, and restaurant uses. DISCUSSION Project Description On behalf of Fast5Xpress Car Wash, the applicant has requested approval to replace the existing car wash with a 2,316 square foot automated car wash, three (3) vehicular drive aisles leading to a 4,654 square foot car wash tunnel and pay stations, thirty-two (32) parking stalls equipped with vacuum stations and overhead shade canopies, four (4) employee parking spaces and onsite landscaping. Conditional Use Permit The property is improved with the former Manny's Family Hand Car Wash. The site was approved to operate as a full-service car wash, and offered wash services, lube and auto services, smog check, automotive detailing, and a small convenience store. All above- ground improvements will be removed in conjunction with the proposed project. - Pay Stations ; EL CAMINO REAL m Cn a FAST 5 XPRESS CAR WASH `.. m TLf Jjt�CA. ti. .a Y Entry Signage yYG . y ' .' ® ® wdC VdG iJL uaG I9t uat 'Ia[ vdE MC YaG Vx. VE WW CanopyCanopy � 1 d � xW YE 9115,NSUvE5aIN5j� � , EXI STING w 04KME PEPOT yr {= { A Figure 2. Site Plan Access to the site is provided on Myford Road and from EI Camino Real at West Drive (Figure 2 — Site Plan). The Fast5Xpress Car Wash uses an automated car wash tunnel, providing a quick and convenient car wash with a variety of available service options. In this Zoning Administrator February 18, 2021 CUP 2020-0014 & DR 2020-0014 Page 4 proposal, customers will drive their own vehicle through the car wash tunnel and remain in the vehicle while the car is being washed, which is similar to other fully-automated car washes operated in conjunction with gas stations. The entrance to the wash tunnel provides three (3) vehicle queuing lanes, each measuring twelve (12) feet wide and accommodating the stacking of 16 to 18 vehicles. At the start of these lanes, there will be signage to direct the customer to the correct lane. The inside lane is intended for non-members and cash pay customers. The attendant will come to the window of the vehicle and accept payment. The middle lane is for members or non- members that want to pay with a credit/debit card or members with an RFID sticker on their windshield. The far lane is for members with an RFID sticker only. With an RFID sticker, the gate will automatically open and payment is collected through an electronic account established prior to service. The three queuing lanes merge into a single lane that leads into the car wash tunnel. Each vehicle will spend approximately three minutes inside the tunnel before exiting. Upon exiting the tunnel, customers may elect to park in one of the 32 vacuum station parking stalls to vacuum and clean out the interior of their vehicle which is an included service amenity for car wash patrons. The vacuum stations are only available to car wash patrons and vacuum hoses will be removed when car wash is closed. Each of the 32 vacuum station customer stalls are proposed to measure thirteen (13) feet wide to allow for adequate door clearances while customers vacuum their own vehicles (Figure 2 — Site Plan, Figure 3 — Floor Plan). wasH ruNNEL �� .41r. 1 Y l u' rl I IC iu! E%IT ,1 f0 h tYLi�. 3i tG 1T fTl 1.31 y n ELEC ROOM CANOPY � 6.f1VJ+A FT n.. ! M " teA CANOPY OFFICE — SALES OFFICE T OFFICE TUNNELjTUNNEL ENTRANCE ~ WASH TUNNEL EXIT RESTROOM EQUIPMENT ROOM ELEC ROOM I — — CU /$C YaL^ VaC Vac: VIX Val ''f7i' 17, 'X01fdC. 1YdC 0C raC lac Vac adC CAR WASH Zoning Administrator February 18, 2021 CUP 2020-0014 & DR 2020-0014 Page 5 Figure 3. Floor Plan For comparison, a typical parking stall measures 9 feet wide. An additional four (4) parking stalls are proposed for employee use and would be marked accordingly. A maximum of five (5) employees would be on-site at a time, though the majority of shifts consist of three (3) employees. As conditioned, the proposed project is in compliance with development standards for the East Tustin Specific Plan and the Auto Service Design Guidelines for car wash uses, in that, it meets building height and minimum setback requirements, provides adequate on-site queuing for the use, and vacuum canopies are constructed of durable materials suitable for extended outdoor use. Design Review The proposed car wash building is consistent with the architectural style and design of the surrounding commercial center (Figure 4 - Elevations). The tan canopy structure extends along the rear of the car wash building and will be adequately screened from view from EI Camino Real with minimal visibility from adjacent streets. The proposed stucco building will include glass storefront windows along the wash tunnel and feature a warm color pallet including "Cherry Cola" as the primary stucco color and "Desert Spice" as the secondary color to be used on the building ends and as an accent. The proposed building materials and colors are compatible with the color pallet of The Market Place. The shade structure will be constructed from a durable knitted shade canopy over the customer parking stalls. Vacuums would be available adjacent to each customer parking stall and will be stored on the designated holder when not in use (Figure 4E — Canopy Elevation). A�. B G D E -f A: Northeast Elevation (fronts EI Camino Real); B: Southwest Elevation; C: Northwest Elevation (fronts Myford Road); D: Southeast Elevation (driveway at West Drive); E: Canopy Elevation Figure 4. Elevations Zoning Administrator February 18, 2021 CUP 2020-0014 & DR 2020-0014 Page 6 Hours of Operation The applicant proposes the following hours for the car wash use: Monday — Friday: 7:00 AM to 8:00 PM Saturday & Sunday: 7:00 AM to 8:00 PM Business hours are consistent with the hours of operation for other uses within the shopping center. If in the future, the applicant wishes to expand business hours, proposed Condition 2.2 allows for modifications to the hours of operation by the Community Development Director, if it is determined that no impacts to the surrounding tenants or properties will occur. Parking The current car wash facility was constructed with thirty-five (35) parking stalls to satisfy off-street parking requirements for the full-service car wash, smog check and automotive services, detailing, and a small convenience store. As proposed, the replacement car wash is less intensive and has a smaller building footprint than the original car wash resulting in a net reduction of required parking stalls for the shopping center. The Market Place is categorized as a District Commercial Shopping Center and has an off-street parking requirement of one (1) parking stall for every 222 square feet of gross floor area. Based on this parking ratio, the proposed development would require a total of 32 parking stalls and the proposal is providing 36 parking stalls on-site. The entire Tustin Market Place requires a total of 3,278 parking stalls and is providing 4,029 parking stalls. No parking impacts are anticipated to result from the proposed use as there is a surplus of 751 parking stalls within the center. Nonetheless, should a parking issue arise, proposed Condition 2.7 would allow for a re-evaluation of the business and the CUP. Noise The car wash operations will take place entirely within a semi-enclosed structure which provides in ingress and egress into the car wash tunnel. The vacuuming of vehicle interiors will take place under shaded canopies located to the rear of the car wash building. The project site is located within a commercial center and the nearest residential use is approximately 1,000 feet away. Based on similar uses in the City, no negative impacts are anticipated relating to noise for adjacent properties. The City's noise ordinance limits exterior noise at all commercial properties to sixty (60) dB(A) at any time. As conditioned, the proposed use is expected to operate in compliance with the City's Noise Ordinance. Zoning Administrator February 18, 2021 CUP 2020-0014 & DR 2020-0014 Page 7 Environmental Analysis Section 15302 (Class 2) of the Guidelines to the California Environmental Quality Act (CEQA) consists of the replacement of a commercial structure with a new structure of substantially the same size, purpose, and capacity. The proposed project is categorically exempt as it will be located on the same site, will maintain the same purpose, and will be smaller and less intensive than the previously approved development. FINDINGS In determining whether an approval can be granted for a CUP and DR for the proposed car wash use, the Zoning Administrator must determine whether or not the proposed use will be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City; and that the location, size, architectural features, and general appearance of the proposal will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole. A decision to approve these requests may be supported by the following findings: 1. That the ETSP allows for car wash uses, subject to an approved conditional use permit. 2. Proposed daily business hours would be 7:00 AM to 8:00 PM, which is consistent with the hours of operation for other uses within the shopping center. 3. With 36 parking stalls proposed, adequate on-site parking will be provided for the use and a surplus of 751 parking stalls will remain for The Market Place shopping center. 4. The proposed parking lot area would be configured to optimize circulation for the automated car wash facility and the three (3) vehicular drive aisles provide adequate queuing capacity for the use. In addition, wayfinding signage would be required to be strategically placed within the parking lot area to provide ease of navigation throughout the site. 5. The project would be conditioned to comply with the Tustin Noise Ordinance and General Plan Noise Element. 6. As conditioned, CUP 2020-0014 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. If the use is not operated in accordance with CUP 2020-0014 or is found to be a nuisance or negative impacts are affecting the surrounding uses, the Community Development Director would have the authority to impose additional conditions to eliminate the nuisance or negative impacts or may initiate proceedings to revoke the CUP. Zoning Administrator February 18, 2021 CUP 2020-0014 & DR 2020-0014 Page 8 7. Pursuant to Section 9272c of the Tustin City Code, the Community Development Department finds that the location, size, architectural features, and general appearance of the proposed project will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole. In making such findings, the Community Development Department has considered at least the following items: a. Height, bulk and area of buildings. b. Setbacks and site planning. c. Exterior materials and colors. d. Type and pitch of roofs. e. Size and spacing of windows, doors and other openings f. Landscaping and parking area design. g. Location, height and standards of exterior illumination. h. Location and appearance of equipment located outside of an enclosed structure. i. Location and method of refuse storage j. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. k. Proposed signing. I. The proposed project is consistent with the development Guidelines and criteria as adopted by the City Council. 8. The Tustin Police Department and Public Works Department have reviewed the application and have no immediate concerns. 9. This project is Categorically Exempt pursuant to Section 15302 (Class 2) of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). Based on these findings, staff recommends that the Zoning Administrator adopt Zoning Administrator Action No. 21-001, approving CUP 2020-0014 and DR 2020-0014, authorizing the demolition of an existing car wash and replacement with an automated car wash and related improvements located at 2762 EI Camino Real. DocuSign Envelope ID: B36DF186-AFD6-4A5D-8934-C01853947D39 Zoning Administrator February 18, 2021 CUP 2020-0014 & DR 2020-0014 Page 9 f----�-DocuSigned by: LzawAt'� Ee�� 8D646CB1A13E4E2... Samantha Beier, AICP Senior Planner Attachments: A. Location Map B. Land Use Fact Sheet C. Submitted Plans D. Zoning Administrator Action No. 21-001 ATTACHMENT A LOCATION MAP Location Map 2762 EI Camino Real CUP 2020-0014& DR 2020-0014 i 4 1000 ft. 500 ft. 300 ft. LA0 A r" h ' H 300 ft, 500 ft, and 1000 ft Radius Map ATTACHMENT B LAND USE FACT SHEET LAND USE APPLICATION FACT SHEET 1. LAND USE APPLICATION NUMBER(S): CUP-2020-0014 & DR-2020-0014 2. LOCATION: PLANNED COMMUNITY MIXED USE (PCMU) ZONING DISTRICT WITHIN EAST TUSTIN SPECIFIC PLAN (ETSP) 3. ADDRESS: 2762 EL CAMINO REAL 4. APN(S): 434-441-16 5. PREVIOUS APPLICATION RELATING TO THIS PROPERTY: CUP 90-15; DR 89-50 (PREVIOUS CAR WASH APPROVAL) 6. SURROUNDING LAND USES: NORTH: ETSP (SP8) SOUTH: ETSP (SP8) EAST: ETSP (SP8) WEST: ETSP (SP8) 7. SURROUNDING ZONING DESIGNATION: NORTH: PLANNED COMMUNITY (ETSP- MIXED USE) SOUTH: PLANNED COMMUNITY (ETSP - MIXED USE) EAST: PLANNED COMMUNITY (ETSP - MIXED USE) WEST: PLANNED COMMUNITY (ETSP - MIXED USE) 8. SURROUNDING GENERAL PLAN DESIGNATION: NORTH: PLANNED COMMUNITY COMMERCIAL BUSINESS SOUTH: PLANNED COMMUNITY COMMERCIAL BUSINESS EAST: PLANNED COMMUNITY COMMERCIAL BUSINESS WEST: PLANNED COMMUNITY COMMERCIAL BUSINESS 9. SITE LAND USE: A. EXISTING: COMMERCIAL (HAND CAR WASH) B. PROPOSED: COMMERCIAL (EXPRESS CAR WASH) C. GENERAL PLAN: PLANNED COMMUNITY COMMERCIAL BUSINESS GP: SAME D. ZONING: PLANNED COMMUNITY(EAST TUSTIN SPECIFIC PLAN) ZONING: SAME DEVELOPMENT FACTS: 10. LOT AREA: 1.8 ACRES. 11. PARKING: 32 VACUUM SPACES; 4 EMPLOYEE SPACES 12. TENANT IMPROVEMENTS: DEMOLISH EXISTING HAND CAR WASH AND CONSTRUCT NEW AUTOMATED EXPRESS CAR WASH 13. BUILDING HEIGHT: MAX ALLOWED: 50 FEET PROPOSED: MULTI-LEVEL- HIGHEST POINT: 28 FEET 14. LANDSCAPING: MINIMUM 15% OF BUILDING SITE AREA REQUIRED (11,761 SF) PROPOSED: 18,122 SF PROPOSED: 18,122 sf(27% OF TOTAL SITE) 15. PARKING: REQUIRED: 32 SPACES PROPOSED: 32 VACUUM SPACES; FOUR (4) EMPLOYEE SPACES (13% OF SITE) 16. DRIVEWAYS/WALKWAYS: 33,580 SF (50% OF SITE) 17. 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OZ 0 Q MmZ }Z .--i.--iZ j W Z Z z d ?r r ?O {O/� v M U~ m W W O U CL ¢ ¢ ¢ O LLJ p O D D of w 5 2 w Qkkkkkkk > > U ¢ ¢ Q m D J z � Q � Q (n p w ,1 cn ¢ LQ LO Q0 O �Q a� wU w � U w w a LU m 17) w Lr) pcn 0p ro � o z O U — .� z LU a w x J � JO x W o CY o W � g o I<-- o o W > O 0 Z � LU = U ceY U u� a w a � 3J LL J p n n J U a Q = d ce Q o a D U Q wo E > o z U 0 v J= L Vw u�7 B ull TERRACE RECEPTACLES COURTYARD RECEPTACLES A beauty and a beast. Heavy-duty An attractive, vandal-proof slatted steel with chiseled good looks. hideaway for trash. - �e For schools, parks and For parks, offices and corporate campuses. city streets. �� l rrr .- Side-door access for Slatted steel bars deter easy trash removal. vandalism. Weather-resistant, Weather and rust-resistant, powder-coated finish. powder-coated finish. Includes built-in rain Includes Black Plastic Liner ` `• � bonnet and plastic liner. and Anchor Kit. 0 0 SPECIFY COLOR: Gray Black Beige MODEL DESCRIPTION CAP. SIZE WT. PRICE EACH MODEL CAP. SIZE WT. PRICE EACH NO. (GAL.) DIAM.x H (LBS.) 1 2+ NO. DESCRIPTION (GAL.) L x W x H (LBS.) 1 2+ H-2865 Flat Lid 93 $629 $599 H-7234 Terrace 32 26 x 28 x 38" 171 $849 $819 H-5171 Bonnet Lid 36 28 x 36" 96 699 669 EASY ASSEMBLY.SHIPS VIA MOTOR FREIGHT. SHIPS ASSEMBLED VIA MOTOR FREIGHT TERRACE BENCHES COURTYARD BENCHES Strength and style for office An elegant choice for hotels parks and streetscapes. and shopping centers. • Comfortable, contoured • Smooth, comfortable seat and armrests. seat and armrests. • Weather-resistant, • Glossy weather-resistant, 4 powder-coated finish. powder-coated finish. • Heavy-duty slatted • Durable, heavy-duty steel steel construction. bar construction. Bench mounting hardware included - Coordinating Planter and Bench Mounting 0 0 Hardware sold separately,see uline.com SPECIFY COLOR: Gray Black Beige MODEL DESCRIPTION SIZE WT. PRICE EACH MODEL DESCRIPTION SIZE WT. PRICE EACH NO. L x W x H (LBS.) 1 2+ NO. L x W x H (LBS.) 1 3+ H-7930 6'Bench with Back 72 x 25 x 37" 255 $900 $850 H-3019 6'Bench without Back 71 x 21 x 25 192 $805 $745 H-3018 6'Bench with Back 71 x 26 x 32" 253 1,065 1 985 DROP SHIPS IN 1 DAY FROM NC ASSEMBLED VIA MOTOR FREIGHT DROP SHIPS IN 1 DAY FROM WI ASSEMBLED VIA MOTOR FREIGHT WAVE BIKE RACKS GRID BIKE RACKS - r Upscale stylish look. Easy Everybody's biking! Secures to secure your bike. bikes, deters theft. • For stadiums, parks and • For commuter stations, athletic fields. libraries and schools. • 10-gauge galvanized • Sturdy 14-gauge f steel or attractive galvanized steel or powder coating. attractive H-2544 • 2%" diameter bar. powder H-2540 coating. Mounting hardware included SPECIFY COLOR: Galvanized Black Green Mounting hardware included SPECIFY COLOR: Galvanized Black Mounting hardware included SPECIFY COLOR: GalvanizedF MODEL DESCRIPTION SIZE BIKE WT. PRICE EACH MODEL DESCRIPTION SIZE BIKE WT. PRICE EACH NO. L x W x H CAPACITY (LBS.) 1 3+ NO. L x W x H CAPACITY (LBS.) 1 3+ H-2892* 1-Loop 22 x 2'/2 x 34" 3 27 $190 $180 H 2890 S 110 x 31 x 31" 9 78 500 470ingle-Sided 48 x 31 x 31" 4 48 $310 $290 ■H-2543 3-Loop 43 x 2Y x 39" 5 56 360 340 ■H-2891 H-2540 Double-Sided 48 x 36 x 31" 8 61 345 325 OH-2544 5-Loop 68 x 2Y x 39" 7 80 450 430 ■H-2541 I 1110 x 36 x 31" 18 1 112 1 550 1 520 *Galvanized and Black only ■SHIPS VIA MOTOR FREIGHT SHIPS UNASSEMBLED ■SHIPS VIA MOTOR FREIGHT ULINE Shipping Supply Specialists PHONE 1-800-295-5510 403 ATTACHMENT D ZONING ADMINISTRATOR ACTION NO. 21 -001 ZONING ADMINISTRATOR ACTION 21-001 CONDITIONAL USE PERMIT 2020-0014 DESIGN REVIEW 2020-0014 2762 EL CAMINO REAL The Zoning Administrator of the City of Tustin does hereby resolve as follows: I. The Zoning Administrator finds and determines as follows: A. That a proper application for Conditional Use Permit (CUP) 2020-0014 and Design Review (DR) 2020-0014 was filed by Peter K. Pirzadeh on behalf of the Irvine Company Retail Properties, requesting authorization to demolish an existing 17,461 square foot hand car wash and replace it with a 2,316 square foot automated car wash with 4,654 square foot tunnel, thirty-two (32) parking spaces with vacuum stations, four (4) employee parking spaces, and related site and landscaping improvements located at 2762 EI Camino Real in The Market Place shopping center. B. That the property is zoned Planned Community Mixed-Use (PCMU) in the East Tustin Specific Plan (ETSP) and has a General Plan land use designation of Planned Community Commercial/Business which provides a variety of retail and service commercial uses including car wash uses. The project is consistent with the Air Quality Sub-element of the City of Tustin General Plan. C. That in accordance with Tustin City Code Section 9299b(3)(f), the Zoning Administrator is authorized to consider minor conditional use permits for existing development where there would be no change of primary use, there would be no expansion of floor area, and the request would not alter the original intent of the project or site. D. That TCC Section 9272 authorizes the Community Development Director to consider the DR application; however, DR 2020-0014 was forwarded to the Zoning Administrator for concurrent consideration for site layout and building design since the proposal included an entitlement application that required Zoning Administrator approval. D. That a public hearing was duly called, noticed, and held for CUP 2020-0014 and DR 2020-0014 on February 18, 20217 by the Zoning Administrator. E. That the establishment, maintenance, and operation of the proposed car wash use will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use nor be a detriment to the property and improvements in the neighborhood of the subject property, nor to the general welfare of the City of Tustin; and that the location, size, architectural features, and general appearance of the proposal will not impair the orderly and harmonious development of the area, the Zoning Administrator Action 21-001 CUP 2020-0014 & DR 2020-0014 Page 2 present or future development therein, or the occupancy as a whole as evidenced by the following findings: 1) That the ETSP allows for car wash uses, subject to an approved conditional use permit. 2) Proposed daily business hours would be 7:00 AM to 8:00 PM, which is consistent with the hours of operation for other uses within the shopping center. 3) With thirty-six (36) parking stalls proposed, adequate on-site, parking will be provided for the use and a surplus of 751 parking stalls in The Market Place shopping center. 4) As proposed, the parking lot area would be configured to optimize circulation for the automated car wash facility, and the three (3) vehicular drive aisles provide adequate queuing capacity for the use. In addition, wayfinding signage would be required to be strategically placed within the parking lot area to provide ease of navigation throughout the site. 5) The project would be conditioned to comply with the Tustin Noise Ordinance and General Plan Noise Element. 6) As conditioned, CUP 2020-0014 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. If the use is not operated in accordance with CUP 2020- 0014 or is found to be a nuisance or negative impacts are affecting the surrounding uses, the Community Development Director would have the authority to impose additional conditions to eliminate the nuisance or negative impacts or may initiate proceedings to revoke the CUP. 7) Pursuant to Section 9272c of the Tustin City Code, the Community Development Department finds that the location, size, architectural features, and general appearance of the proposed project will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole. In making such findings, the Community Development Department has considered at least the following items: a. Height, bulk and area of buildings. b. Setbacks and site planning. c. Exterior materials and colors. d. Type and pitch of roofs. e. Size and spacing of windows, doors and other openings f. Landscaping and parking area design. g. Location, height and standards of exterior illumination. Zoning Administrator Action 21-001 CUP 2020-0014 & DR 2020-0014 Page 3 h. Location and appearance of equipment located outside of an enclosed structure. i. Location and method of refuse storage j. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. k. Proposed signing. I. The proposed project is consistent with the development Guidelines and criteria as adopted by the City Council. 8) The Tustin Police Department and Public Works Department have reviewed the application and have no immediate concerns. F. That this project is categorically exempt pursuant to Section 15302, (Class 2) of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Zoning Administrator hereby adopts Zoning Administrator Action No. 21-001 approving CUP 2020-0014 and DR 2020-0014 authorizing the demolition of an existing car wash and replacement with an automated car wash and related improvements located at 2762 EI Camino Real in The Market Place shopping center, subject to the conditions contained within Exhibit A attached hereto. PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular meeting held on the 18th day of February, 2021. JUSTINA L. WILLKOM ZONING ADMINISTRATOR VERA TISCARENO RECORDING SECRETARY Zoning Administrator Action 21-001 CUP 2020-0014 & DR 2020-0014 Page 4 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Vera Tiscareno, the undersigned, hereby certify that I am the Recording Secretary of the Zoning Administrator of the City of Tustin, California; that Zoning Administrator Action No. 21-001 was passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 18th day of February, 2021. VERA TISCARENO RECORDING SECRETARY EXHIBIT A CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 2020-0014 DESIGN REVIEW 2020-0014 2762 EL CAMINO REAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped February 18, 2021, on file with the Community Development Department, as herein modified, or as modified by the Community Development Director in accordance with this Exhibit. The Community Development Director may also approve subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code (TCC). (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified, subject to review and approval by the Community Development Department. (1) 1.3 This approval shall become null and void unless the use is established within twelve (12) months of the date of this Exhibit. Time extensions may be granted if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.4 Approval of Conditional Use Permit (CUP) 2020-0014 and Design Review (DR) 2020-0014 is contingent upon the applicant and property owner signing and returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the property owner signing and recording with the County Clerk-Recorder a notarized "Notice of Discretionary Permit Approval and Conditions of Approval" form. The forms shall be established by the Community Development Director, and evidence of recordation shall be provided to the Community Development Department. (1) 1.5 Any violation of any of the conditions imposed is subject to issuance of an administrative citation pursuant to TCC 1162(a). (1) 1.6 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENTS (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTIONS Zoning Administrator Action 21-001 CUP 2020-0014 & DR 2020-0014 Exhibit A Page 2 (1) 1.7 CUP 2020-0014 and DR 2020-0014 may be reviewed annually or more often, if deemed necessary by the Community Development Department, to ensure compatibility with the area and compliance with the conditions contained herein. If the use is not operated in accordance with the conditions of approval or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the Community Development Director may impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the CUP. (1) 1.8 As a condition of approval of CUP 2020-0014 and DR 2020-0014 the applicant shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision-making body, including staff, concerning this project. The City agrees to promptly notify the applicant of any such claim or action filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in defense of any such action under this condition. USE RESTRICTIONS (1) 2.1 This approval shall consist of a 2,316 square foot automated car wash, three (3) vehicular drive aisles leading to a pay station and a 4,654 square foot car wash tunnel, thirty-two (32) parking stalls equipped with vacuum stations and overhead shade canopies, four (4) employee parking spaces and related site improvements and landscaping. *** 2.2 The hours of operation for the business shall be as follows: Monday — Friday: 7:00 AM to 8:00 PM Saturday & Sunday: 7:00 AM to 8:00 PM Modifications to the hours of operation may be approved by the Community Development Director if it is determined that no impacts to the surrounding tenants or properties will occur. (1) 2.3 Service operations shall be entirely within approved structures, except for vacuuming of vehicle interiors, which shall take place only in areas designated on approved plans for such activities. (1) 2.4 All automobile stacking shall be located within the project site. (1) 2.5 On-site employees shall be responsible for the removal of all litter and trash from the site each day. Zoning Administrator Action 21-001 CUP 2020-0014 & DR 2020-0014 Exhibit A Page 3 (1) 2.6 Employee parking spaces shall be clearly marked "Employee Only". (1) 2.7 If in the future the City determines that a parking, traffic, or noise problem exists on the site or in the vicinity as a result of the proposed project, the Community Development Director may require the applicant to prepare a parking demand analysis, traffic study, or noise analysis and the applicant and/or property owner shall bear all associated costs. If said study indicates that there is inadequate parking or a traffic or noise problem, the applicant and/or property owner shall be required to provide mitigation measures to be reviewed and approved by the Community Development Department and/or Public Works Department. Said mitigation may include, but are not limited to, the following: • Establish alternative hours of operation. • Provide an attendant to direct traffic during peak hours. • Provide additional noise attenuation. (1) 2.8 Business operations shall be conducted in a manner that does not create a public or private nuisance. Any such nuisance must be abated immediately upon notice by the City of Tustin. (1) 2.9 Onsite lighting shall be designed to contain illumination onto the property and shall not spill out onto adjacent streets or properties. Final site and building lighting shall be reviewed for compliance with applicable regulations and approved at the time of plan check. (1) 2.10 All activities shall comply with the City's Noise Ordinance and General Plan Noise Element. *** 2.11 There shall be no overnight parking. (1,5) 2.12 No outdoor storage or display of materials shall be permitted, except as allowed by the Zoning Code. (1,5) 2.13 Restrooms shall be provided to the public at no cost and available during all hours of operation. The restrooms shall be maintained in a clean and sanitary conditions. (1,5) 2.14 Vending machines shall be located within the approved structure only. Outdoor vending activities are prohibited. SITE AND BUILDING DESIGN (1)(4) 3.1 Project materials shall substantially comply with those identified in the approved plans (as such plans may be modified pursuant to the Conditions of Approval). Additional color and material samples may be requested by City staff at the time of plan check. Substitutions to the approved materials may occur subject to the approval of the Community Development Director. Zoning Administrator Action 21-001 CUP 2020-0014 & DR 2020-0014 Exhibit A Page 4 Enhancements to the architectural detailing may be required at the time of plan check based on the proposed materials. (1)(4) 3.2 Applicant shall comply with California Energy Code, section 110.10 mandatory requirements for solar ready buildings. (1)(4) 3.3 All roof access shall be provided from inside the building. (1)(4) 3.4 All rooftop mounted equipment shall be fully screened from the public right of way in accordance with the TCC and shall be subject to final inspection. (1)(4) 3.5 No exterior downspouts shall be permitted. All roof drainage shall utilize interior piping and may have exterior outlets into landscaped areas at the base of the building. Any roof scuppers shall be installed with a special lip device so that overflow drainage will not stain the walls. (1,4) 3.6 Utility meters located outside of the building shall be screened with landscaping to the greatest extent possible. Electrical transformers shall be located in areas with room for landscape screening to be planted. (5) 3.7 Backflow devices and double detector checks shall be painted to match surrounding landscaping when in planters or painted to match the building when located adjacent to the structure. Landscaping shall be utilized to screen the devices where possible. LANDSCAPING (1,6) 4.1 At plan check, submit detailed landscaping and irrigation plans for all landscaping areas. Landscape plans shall comply with the City's Water Efficient Landscape Ordinance and Ordinance No. 1457, regarding the water conservation requirements stipulated in the Governor's Executive Order B-29-15 and the City's Water Management Plan. (1,6) 4.2 All landscaping shown on plans shall be installed and maintained by the property owner and shall include screening of any proposed detector check valve water systems and electrical transformers. In addition to shrubs and ground cover, vines shall be planted in the planter area adjacent to the trash and vacuum equipment enclosures. All vine planting shall include support ties to establish the vines on the walls. Landscaping shall be installed prior to final inspection of the project. (1,6) 4.3 The Community Development Department may request minor substitutions of plant materials or request additional sizing or quantity of materials during plan check. (1,6) 4.4 The landscape plans shall note that coverage of landscaping and irrigation materials is subject to inspection at project completion by the Community Development Department. Zoning Administrator Action 21-001 CUP 2020-0014 & DR 2020-0014 Exhibit A Page 5 (1,6) 4.5 All plant materials shall be installed in a healthy vigorous condition typical to the species and shall be maintained in a neat and healthy condition. Maintenance includes, but is not limited to, trimming, weeding, removal of litter, fertilizing, regular watering, and replacement of diseased or dead plants. (6) 4.6 Root barriers shall be installed as needed in areas where trees are planted in close proximity to hardscape and/or structures. MASTER SIGN PLAN (1,4) 5.1 A Master Sign Plan may be required prior to the issuance of a sign permit. All signs shall conform to the approved Master Sign Plan (if applicable) and revert to the City of Tustin Sign Code for any issues that remain silent in said Plan. (1,4) 5.2 Wayfinding signage shall be strategically placed within the parking lot area to provide ease of navigation throughout the site. (1,4) 5.3 All business identification signs shall comply with the Tustin City Code and shall be compatible with the building design. Sign plans shall be submitted to the Community Development Department for approval prior to issuance of sign permit. All signage must have a valid sign permit, if applicable. (1,4) 5.4 A sign permit shall be applied for and obtained from the Community Development Department prior to constructing, erecting, altering, replacing, moving, or painting any sign, except for signs exempt from a permit according to the Tustin Sign Code. Permit applications shall be accompanied by information as required for a standard sign plan or master sign plan, pursuant to the Tustin Sign Code. (1,4) 5.5 All signs shall be structurally safe and maintained in good condition at all times. The Community Development Director shall have the authority to order repair, replacement, or removal of any signs which constitute a hazard or nuisance to the safety, health, or public welfare by reason of inadequate maintenance, dilapidation, or obsolescence. (1,4) 5.6 All signs shall be constructed of a non-corrosive, rust-resistant finish so as not to degrade in adverse weather conditions. (1,4) 5.7 The locations for any signs shall comply with the City of Tustin Guidelines for Determining Sign Location Visual Clearance and Public Safety Areas. Signs shall not be placed in a manner that will obstruct or inhibit sight distance or visibility for the motorist. At plan check submittal, all signs shall be clearly identified on plans as to the exact locations. Any signs in proximity to the public right-of-way that could impact driver sight shall be shown at a larger scale that will be adequate for plan check purposes. Zoning Administrator Action 21-001 CUP 2020-0014 & DR 2020-0014 Exhibit A Page 6 BUILDING PLAN SUBMITTAL (1,5) 6.1 All construction shall comply with 2019 California Building Code, California Mechanical Code, California Electrical Code, California Plumbing Code, California Green Code, California Energy Codes and City Ordinances, State and Federal laws, and other regulations as adopted by the City Council of the City of Tustin. (1,5) 6.2 The applicant shall submit a complete set of plans prepared by a California registered architect or civil engineer and apply for and obtain building permits for construction of the proposed project. Site plan, architectural plans, existing and proposed floor plans, egress plans, plumbing, mechanical, electrical and structural plans shall be submitted with the permit application. (1,5) 6. 3 Plans submitted for plan check shall: • Include building data such as type of construction, occupancy, fire sprinklers on the title/site plan. • Show bicycle parking per 2019 Cal Green section 5.106.4.1. • Comply with the with California Green Code 5.106.5.3 and CBC 11 B- 228.3 and 11 B-812 and the City of Tustin "User Guide for EV charging Stations" relative to the provision of location(s) for future EV charging stations. • Comply with California Energy Code, section 110.10 mandatory requirements for solar ready buildings. (1,5) 6.4 The accessible parking space and aisle shall have access to a vacuum system device. Plans submitted for plan check shall show that maneuvering clearances and reach requirements are met. (1,5) 6.5 Trash enclosures shall have a solid roof or awning and shall be enclosed by masonry wall with access which effectively obscures the contents placed within the enclosure. Trash enclosures with only enough space for dumpsters used as point of waste disposal only are not employee workplaces; however, they are part of the facility on the site and as such, must have an accessible route to it, similar to common area facilities such as storage rooms. The accessible route may terminate at a complying door with strike edge clearance and complying hardware, but entry to the enclosure itself is not required. The dumpsters themselves are not regulated by CBC Chapter 11 B. (175) 6.6 Off-street parking stalls shall be a minimum of 9 feet by 20 feet per the East Tustin Specific Plan, except as approved for the vacuum stations. Zoning Administrator Action 21-001 CUP 2020-0014 & DR 2020-0014 Exhibit A Page 7 PUBLIC WORKS DEPARTMENT (1) 7.1 Prior to issuance of any permits, the applicant shall submit for approval by the Community Development and Public Works Departments, a final Water Quality Management Plan (WQMP). The WQMP shall identify Low Impact Development (LID) principles and Best Management Practices (BMPs) that will be used on-site to retain storm water and treat predictable pollutant run- off. The Priority WQMP shall identify: the implementation of BMPs, the assignment of long-term maintenance responsibilities (specifying the developer, parcel owner, maintenance association, lessees, etc.), and reference to the location(s) of structural BMPs. (1) 7.2 Prior to submittal of a Water Quality Management Plan (WQMP), the applicant shall submit a deposit of $2,700.00 to the Public Works Department for the estimated cost of reviewing the WQMP. (1) 7.3 Prior to issuance of any permits, the applicant shall record a "Covenant and Agreement Regarding O & M Plan to Fund and Maintain Water Quality BMPs, Consent to Inspect, and Indemnification" with the County Clerk- Recorder. This document shall bind current and future owner(s) of the property regarding implementation and maintenance of the structural and non-structural BMPs as specified in the approved WQMP. (1) 7.4 Prior to issuance of grading permit, the applicant shall submit engineered public improvement plans for review and approval. Public improvements shall be completed prior to issuance of a Certificate of Occupancy. The applicant shall complete street improvements on along the project frontage consisting of, remove the existing driveway aprons and design and reconstruct driveway aprons on Myford Road and remove, design and reconstruct the curb ramp at the southeast corner of EI Camino Real/ Myford Road. (1) 7.5 Existing sewer, domestic water, reclaimed water and storm drain service laterals shall be utilized whenever possible. (1) 7.6 Current Federal Americans with Disabilities Act (ADA) requirements shall be met at the drive aprons, curb ramps, and sidewalk. (1) 7.7 Any damage done to existing street improvements and utilities shall be repaired before Certificate of Occupancy for the development. (1) 7.8 Prior to any work in the public right-of-way, an Encroachment Permit shall be obtained from and applicable fees paid to the Public Works Department. Zoning Administrator Action 21-001 CUP 2020-0014 & DR 2020-0014 Exhibit A Page 8 (1) 7.9 Construction and Demolition Waste Recycling and Reduction Plan (WRRP). A. The applicant/contractor is required to submit a WRRP to the Public Works Department. The WRRP must indicate how the applicant will comply with the City's requirement (City Code Section 4351, et al) to recycle at least 65% of the project waste material or the amount required by the California Green Building Standards Code. B. The applicant will be required to submit a $50.00 application fee and a cash security deposit in the amount of five (5) percent of the project's valuation as determined by the Building Official, rounded to the nearest thousand. The deposit amount will be collected in accordance with the Tustin City Code. C. Prior to issuance of any permit, the applicant shall submit the required security deposit in the form of cash, cashier's check, personal check, or money order made payable to the "City of Tustin". (1) 7.10 Facility Solid Waste Collection and Recycling Plan. A. The applicant, property owner, and/or tenant(s) are required to participate in the City's recycling programs. B. Waste and Recycling collection facilities shall be equally and readily accessible by the property owner(s) or tenant(s). C. Waste and Recycling collection facilities must be placed in a location that can be easily and safely accessed by the solid waste hauler while utilizing either front loader or side loading equipment. D. Adequate collection capacity shall be provided to ensure that collection frequency shall not exceed four times per week for commercial customers. E. All trash enclosures shall be designed with roof and be able to accommodate at least two (2) 4-yard bins, with at least one (1) bin reserved for recyclable materials. Space for a container for organics is also required as described in Section 10G below. F. Prior to the approval of a site plan or the issuance of a building permit, the Public Works Department shall review and approve the number of trash enclosures required to service the project site. G. All developments are required to provide space for the collection of organic materials. Organics are collected in 35-gallon and 65-gallon wheeled carts, and 2-yard bins. The size of the organics container will be dependent upon the use and size of the building. Organics can be collected six (6) days per week to minimize the space required for a Zoning Administrator Action 21-001 CUP 2020-0014 & DR 2020-0014 Exhibit A Page 9 container. (1) 7.11 Payment of the Major Thoroughfare and Bridge Fees to the Tustin Public Works Department shall be required at the time a building permit is issued. The fee rate schedule automatically increases on July 1 st of each year. (1) 7.12 This development shall comply with all applicable provisions of the City of Tustin Water Quality Ordinance and all Federal, State and Regional Water Quality Control Board rules and regulations as they relate to vehicle lube facilities. The loading area shall be designed so that any spills can be contained and collected with no adverse effect to the drainage run-off from the site. ORANGE COUNTY FIRE AUTHORITY (5) 8.1 Prior to Orange County Fire Authority (OCFA) clearance of a final map or issuance of a precise grading permit or a building permit, if a grading permit is not required, the applicant shall submit a Fire master plan (PR145) for review and approval. (5) 8.2 Prior to issuance of a building permit, applicant shall submit the following to the OCFA for review. Approval shall be obtained on each plan prior to the event specified: • Architectural (service codes PR224), when required by the OCFA "Plan Submittal Criteria Form". • Tanks storing hazardous materials (service codes PR300-PR305). • Hazardous materials compliance and chemical classification (service codes PR315-PR328). • Hazardous equipment, processes, or operations (service codes PR345- PR360). • Underground piping for private hydrants and fire sprinkler systems (service code PR470-PR475). (5) 8.3 Prior to concealing interior construction, applicant shall submit the following to OCFA: • Sprinkler monitoring system (service code PR500) • Fire alarm system (service code PR500-PR520) • Fire sprinkler system (service codes PR430-PR455) (5) 8.4 Lumber-drop Inspection: After installation of required fire access roadways and hydrants, the applicant shall receive clearance from the OCFA prior to bringing combustible building materials on-site. Call OCFA Inspection Scheduling at (714) 573-6150 with the Service Request number of the approved fire master plan at least five (5) days in advance to schedule the lumber drop inspection. Zoning Administrator Action 21-001 CUP 2020-0014 & DR 2020-0014 Exhibit A Page 10 (5) 8.5 Specific submittal requirements may vary from those listed above depending on actual project conditions identified or present during design development, review, construction, inspection, or occupancy. Portions of the project that are deferred shall be subject to the codes, standards, and other applicable requirements in force on the date that the deferred plan is submitted to OCFA. Standard notes, guidelines, informational bulletins, submittal instructions, and other information related to plans reviewed by the OCFA may be found by visiting ocfa.org and clicking on "Business4Planning & Development Services" in the menu bar at the top of the screen. FEES (1) 9.1 Prior to issuance of any permits, payment shall be made of all applicable fees, including but not limited to, the following: • Building and Planning plan check and permit fees • OCFA permit fees • New construction fee (1) 9.2 Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of fifty dollars ($50.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period the applicant has not delivered to the Community Development Department the above-noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened.