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HomeMy WebLinkAboutPC RES 4532Docusign Envelope ID: A7A67E59-E7B3-4063-935B-48AFBA27033C RESOLUTION NO. 4532 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 2025-0011 AND DESIGN REVIEW 2024-0012 AUTHORIZING A 600 SQUARE FOOT EXPANSION TO THE EXISTING CAR WASH TUNNEL, ADDITION OF FIFTEEN VACUUM STALLS, AND OTHER RELATED SITE IMPROVEMNETS, IN CONJUNCTION WITH THE CONVERSION OF A FULL -SERVICE CAR WASH INTO AN AUTOMATED SELF-SERVICE CAR WASH The Planning Commission of the City of Tustin, California does hereby resolve as follows: follows: The Planning Commission of the City of Tustin finds and determines as A. That a proper application for Conditional Use Permit (CUP) 2025- 0011 and Design Review (DR) 2024-0012 was filed by Dennis L. Bonds, on behalf of Zheng Song of LA Glory 661, Inc., requesting authorization to expand the existing car wash tunnel and other site improvements in conjunction with the conversion of a full service carwash to an automated self-service carwash at 13561 Newport Avenue. B. That the subject property is located within the Downtown Commercial Core Specific Plan (DCCSP-SP-12), and the property has a Downtown Commercial Core Specific Plan (DCCSP) General Plan Land Use designation. C. Pursuant to DCCSP Chapter 3.1, "Car washes including full service, drive-thru, and do-it-yourself" are Conditionally Permitted within Development Area 5 (DA 5) of the DCCSP with the approval of a CUP. D. That the Planning Commission authorized the establishment of a 24- hour self-service gasoline station, a full -service car wash, and a 750 square foot 24-hour convenience store on November 17, 1997. The City Council appealed the Planning Commission's action and adopted Resolution No. 3534 approving CUP 97-014 and DR 97-023 on December 1, 1997. E. That Tentative Parcel Map (TPM) 2002-106 was approved by the Planning Commission on August 26, 2002, by adoption of Resolution No. 02-81. As conditioned in Resolution No. 02-81, future expansions of any of the buildings is subject to discretionary approval by the Docusign Envelope ID: A7A67E59-E7B3-4063-935B-48AFBA27033C Resolution No. 4532 Page 2 Community Development Department or Planning Commission, as applicable. F. That a public hearing was duly called, noticed, and held for CUP 2025-0011 and DR 2024-0012 on July 8, 2025, by the Planning Commission. G. That the project has been reviewed against, and determined consistent with, the Air Quality "Sub -Element" of the City of Tustin General Plan's Conservation Element. H. That in determining whether to approve the CUP application, the Planning Commission finds that the establishment, maintenance, and operation of the proposed uses 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 the proposed use, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin. Pursuant to TCC Section 9272(c), the project's location, size, architectural features, and general appearance 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: Height, bulk and area of buildings. The 17-foot height and bulk of the proposed tunnel expansion is consistent with other developments in the DCCSP area and is compatible with the surrounding uses and all onsite buildings. As proposed, the car wash meets the development standards set forth in the Tustin City Code (TCC), DCCSP and other City policies. 2. Setbacks and site planning. The project site is surrounded by office and commercial uses. Access to the property is from Newport Avenue and Centennial Way via reciprocal access easements across adjoining properties. The proposed tunnel expansion, and vacuum stalls are consistent with the setback standards for the DCCSP and the TCC. 3. Exterior materials and colors. The proposed tunnel expansion facades consist of stucco paint to match the existing building. Colors are muted beige and grey and modern Spanish roof tiles complement the existing building and proposed addition. 4. Type of roofs. The proposed car wash tunnel expansion will mirror the existing flat roof with a parapet wall surround. The existing structure contains a tower element that will be flanked by the proposed addition and the existing building to the north. Docusign Envelope ID: A7A67E59-E7B3-4063-935B-48AFBA27033C Resolution No. 4532 Page 3 5. Size and spacing of windows, doors and other openings. Faux window assemblies run the length of the car wash tunnel expansion and mirror the size and distance with the existing windows located along the convenience store. The vehicle entrance and exits are designed to face away from public view. 6. Landscaping and parking area design. Hedges are proposed to screen the parking stalls equipped with vacuums and canopies from Newport Avenue, excluding areas at the access driveways. The existing landscape palette includes trees, shrubs, and vine groundcover along the perimeter property lines, providing visual enhancement and contributing to site screening. As proposed, the project exceeds the minimum landscaping requirements. The parking area includes 25 parking stalls, 15 of which will be located adjacent to Newport Avenue that will include vacuum stalls. An Acoustical Analysis is required as a condition of approval to ensure compliance with the City's Noise Ordinance. 7. Location and method of refuse storage. A new composition roof at nine (9) feet in height will be added to the existing trash enclosure which is shared with the property to the south of the project site. 8. Appearance and design relationship of proposed expansion to existing structures and public thoroughfares. The existing and proposed building design is compatible with the surrounding buildings in the vicinity of the project site. The adjacent buildings are of similar design and with the inclusion of the subject project, a cohesive aesthetic would be maintained along Newport Avenue and in the general area. 9. Proposed signage. No signage is proposed as part of this application. Should signage be desired in the future, an application for signage will be required per TCC 9403 g and h, as conditioned. 10. The proposed project is consistent with the development Guidelines and criteria as adopted by the City Council. The project is consistent with the DR criteria outlined in TCC 9272, the development standards of the DCCSP, and the Auto Service Design Guidelines. I. The Tustin Police Department has reviewed the application and has no concerns as conditioned. J. That this project is Categorically Exempt pursuant to Section 15301 (Class 1 — Existing Facilities) of the California Code of Regulations (Guidelines for the California Environmental Quality Act). Docusign Envelope ID: A7A67E59-E7B3-4063-935B-48AFBA27033C Resolution No. 4532 Page 4 II. The Planning Commission hereby approves CUP 2025-0011 and DR 2024- 0012, authorizing the establishment of a 600 square foot expansion of the existing car wash tunnel, the addition of 15 vacuum stalls, and other related site improvements, in conjunction with the conversion of a full -service car wash to an automated self-service car wash at 13561 Newport Avenue, subject to the conditions contained within Exhibit A attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 8t" day of July, 2025. Signed by: 234696BE503D4DE... TANNER DOUTHIT Chairperson Signed by: �u 0 4.K)U&04W ED45DA2623854A5... JUSTINA L. WILLKOM Planning Commission Secretary APPROVED AS TO FORM: Signed by: 343ADCC695E946B... MICHAEL DAUDT Assistant City Attorney Docusign Envelope ID: A7A67E59-E7B3-4063-935B-48AFBA27033C Resolution No. 4532 Page 5 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Justina L. Willkom, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4532 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 8t" day of July, 2025. PLANNING COMMISSIONER AYES: Hiquchi, Kozak, Mason (3) PLANNING COMMISSIONER NOES: Douthit (1) PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: Mello (1) Signed by: ED45DA2623854A5... JUSTINA L. WILLKOM Planning Commission Secretary Exhibit A — Conditions of Approval Docusign Envelope ID: A7A67E59-E7B3-4063-935B-48AFBA27033C FXHIRIT 0 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 2025-0011 DESIGN REVIEW 2024-0012 13561 NEWPORT AVENUE GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped July 8, 2025, 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 substantial construction is underway within twelve (12) months of the date of this Exhibit. Time extensions may be granted if a written request and associated fee is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.4 Approval of CUP 2025-0011 and DR 2024-0012 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 the issuance of an Administrative Citation pursuant to TCC Section 1162(a). SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Docusign Envelope ID: A7A67E59-E7B3-4063-935B-48AFBA27033C EXHIBIT A CUP 2025-0011 DR 2024-0012 (1) 1.6 CUP 2025-0011 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. The Community Development Director shall review the use to ascertain compliance with Conditions of Approval. If the use is not operated in accordance with CUP 2025-0011 or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the Community Development Director shall impose additional conditions to eliminate the nuisance or negative impacts or may initiate proceedings to revoke the CUP. (1) 1.7 The applicant shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision -making body, including staff, concerning this project. The City agrees to promptly notify the applicant of any such claim or action filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in the defense of any such action under this condition. (1) 1.8 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney's fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. (1) 1.9 All applicable Conditions of Approval from Planning Commission Resolution No. 3534 (CUP 97-005 and DR 97-009) and Resolution No. 02- 81 (Tentative Parcel Map 2002-106), as they pertain to the existing Car Wash and overall center operations, shall remain in effect unless specifically modified or superseded by this approval. (1) 1.10 The project is subject to all applicable Covenants, Conditions, and Restrictions (CC&Rs) previously adopted pursuant to Resolution No. 02-81 in connection with Tentative Parcel Map 2002-106. These CC&Rs shall remain in full force and effect, and nothing in this approval shall be construed to modify, supersede, or nullify any provision thereof. The applicant and all successors -in -interest shall comply with the terms and conditions of said CC&Rs, as they may be amended or interpreted in accordance with applicable law. Docusign Envelope ID: A7A67E59-E7B3-4063-935B-48AFBA27033C EXHIBIT A CUP 2025-0011 DR 2024-0012 USE RESTRICTIONS (1) 2.1 The applicant is authorized to establish and operate an automated self - serve car wash facility including a 600 square foot addition to the existing car wash tunnel, vacuum bays and other site improvements at 13561 Newport Avenue (1) 2.2 No change or alteration of the building shall occur without approval from the Community Development Director. Major modifications to the floor area, services, and/or operation of the business may require consideration of a new CUP by eitherthe Planning Commission or Zoning Administrator. (1) 2.3 Business hours for all services are limited to the following: Hours of Operation Car Wash Monday— Sunday 7:00 A.M. to 6:00 P.M. Convenience Store Monday— Sunday 6:00 A.M. to 10:00 P.M. Gas Station Monday— Sunday 24 Hours Hours of operation shall not be expanded without submitting a request to, and receiving approval from, the City of Tustin Community Development Director. An approval may be granted if it is determined that the expansion of hours proposed will likely not have an impact on surrounding tenants or properties. (1) 2.4 The site shall provide clearly marked entry and exit points to ensure safe and efficient traffic flow. All queueing shall remain on site and should not spill over onto neighboring properties. 2.5 If in the future the City determines that parking, queuing, or noise problems exist 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, queuing 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 queuing or noise problem, the applicant and/or property owner shall be required to provide measures to be reviewed and approved by the Community Development Department and/or Public Works Department. Said measures may include, but are not limited to, the following: A. Establish alternative operation hours. Docusign Envelope ID: A7A67E59-E7B3-4063-935B-48AFBA27033C EXHIBIT A CUP 2025-0011 DR 2024-0012 B. Provide additional parking C. Update the Circulation Plan. D. Provide additional noise attenuation. (1) 2.6 Prior to the issuance of building permits, the applicant shall submit an acoustic analysis to demonstrate that the facility will comply with all applicable noise standards. These documents must be reviewed and approved by the City's Planning Department before any building permits are granted. The car wash facility shall be maintained to continuously comply with City noise standards. (1) 2.7 The applicant shall install signs to direct entry and exit traffic through Newport Avenue, subject to approval from the Community Development Director. SITE AND BUILDING DESIGN (4) 3.1 Project materials shall substantially comply with those identified in the approved plans. Additional color and material samples may be requested by City staff at the time of plan check. Substitutions for the approved materials may occur, subject to the approval of the Community Development Director. Enhancements to the architectural detailing may be required at the time of plan check based on the proposed materials. (4) 3.2 All roof -mounted equipment shall be shielded and architecturally screened from view from on -site parking areas, adjacent public streets and freeway, and adjacent properties. Screening shall be designed to be compatible with the architectural design of the building, if required. Compliance with this condition shall be addressed during plan check submittal and verified at plan check and at field inspection. (4) 3.3 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. (4) 3.4 All exposed metal flashing or trim shall be painted to match the building. Docusign Envelope ID: A7A67E59-E7B3-4063-935B-48AFBA27033C EXHIBIT A CUP 2025-0011 DR 2024-0012 (4) 3.5 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 outside the required access space. (1) 3.6 All utilities shall be installed underground pursuant to TCC Section 8107. (1) 3.7 Freestanding walls and fencing shall be treated with graffiti -resistant coating. (4) 3.8 Photometric plans, provided at the time of plan check submittal, shall include complete parking lot lighting and security lighting for the site and be appropriately shielded so as not to spill over onto adjacent properties. (1) 3.9 The reciprocal access easements, between the subject property and the adjacent properties, shall be identified and maintained as shown on the site plan for the purpose of providing joint access. (1) 3.10 Site and building signage shall comply with the applicable sign regulations pursuant to the existing Master Sign Program and, where silent, the TCC. (1) 3.11 Informational and directional signage shall comply with Tustin Sign Code and designed and placed to facilitate ease of ordering and navigation of the parking lot area. Changes to this signage due to necessity, brand recognition, or technological advancements shall be approved by the Community Development Director. LANDSCAPING (1) 4.1 All vehicle headlight glare from all parking areas, gasoline pumps and drying areas shall be adequately screened from view. Plans and sections shall be provided to demonstrate adequate screening, subject to review and approval of the Community Development Department during building plan check. (1) 4.2 Enhanced landscaping shall be provided between the sidewalk and the vacuum stalls and shall be maintained to screen said stalls from view along Newport Avenue. A landscape plan shall be submitted for review and approval by the Community Development Director. Docusign Envelope ID: A7A67E59-E7B3-4063-935B-48AFBA27033C EXHIBIT A CUP 2025-0011 DR 2024-0012 (1) 4.3 All existing landscaping pursuant to Resolution No. 3534 shall be maintained in a neat and healthy condition. This will include but not be limited to trimming, mowing, weeding, removal of litter, fertilizing, regular watering, or replacement of diseased or dead plants. (11,16) 4.4 At plan check, complete detailed landscaping and irrigation plans for all landscaping areas are required, consistent with the approved site plans, adopted Guidelines for Implementation of Tustin's Water Efficient Landscape Ordinance and TCC Section 9266e. PUBLIC WORKS DEPARTMENT CONDITIONS (1) 5.1 This development shall comply with all applicable provisions of the City of Tustin Water Quality Ordinance and all Federal, State, and Regional Water Quality Control Board rules and regulations. (1) 5.2 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 specific in the approved WQMP. (1) 5.3 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 (TCC 4351, et al) to recycle at least sixty-five (65) percent of the project waste material or the amount required by the California Green Building Standards Code. B. Prior to the issuance of, any building or demolition permit that involves the creation of C&D (Construction and Demolition) debris, each applicant for covered projects shall pay to the City an application fee in the amount set forth in a resolution of the City Council sufficient to cover the City's costs of reviewing an application and monitoring compliance with this section and/or the WRRP, or reviewing an application for exemption. C. Security deposit. In addition to the application fee, each applicant shall deposit with the City a security deposit as security for performance. The security deposit is remitted at the same time the permit application is filed. Docusign Envelope ID: A7A67E59-E7B3-4063-935B-48AFBA27033C EXHIBIT A CUP 2025-0011 DR 2024-0012 The security deposit may be in the form of cash, cashier's check, personal check, money order, or may be applied to a credit card in accordance with standards set by the Finance Department. All commercial projects shall submit a 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, or two thousand five hundred dollars ($2,500.00), whichever is greater. In no event shall a deposit exceed twenty-five thousand dollars ($25,000.00). (1) 5.4 Prior to issuance of Building Permit, the applicant shall provide East Orange County Water District sanitary sewer service connections permit for the proposed expansion. (1) 5.5 Prior to issuance of a Building Permit, payment of the most current Major thoroughfare and Bridge Fees for the proposed expansion (for the foothill/Eastern Transportation Corridor Agency (TCA)) to the City of Tustin (through the Public Works Department) shall be required. The fee rate schedule automatically increases on July 1st of each year. (1) 5.6 Any damage done to existing public street improvements and/or utilities shall be repaired to the satisfaction of the City Engineer before issuance of a Certificate of Occupancy. POLICE DEPARTMENT CONDITIONS (5) 6.1 Prior to construction, surveillance cameras shall be installed to cover the parking lot and outside areas with 30-day video retention. (5) 6.2 Posted signs shall be provided at all pedestrian and vehicle entrances that state "No Trespassing" in compliance with language states in TCC 6350(c). FEES (1,5) 7.1 Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of fifty dollars ($50.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period the applicant has not delivered to the Community Development Department the above -noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened.