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75A - PH KARA GRANT APPEAL
REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 15, 2019 TITLE: PUBLIC HEARING — APPEAL APPLICATION NO. 2019-03 FILED BY KARA GRANT APPEALING THE DECISION OF THE PLANNING COMMISSION IN APPROVING CONDITIONAL USE PERMIT NO. 2019-30 AND AMENDMENT TO VARIANCE NO. 2018-10 TO ALLOW A CAR WASH AT 301 NORTH TUSTIN AVENUE AND CONDITIONAL USE PERMIT NO. 2019-31 {STRATEGIC PLAN NO. 3,231 CLERK OF COUNCIL USE ONLY: G•-C• ❑ As Recommended ❑ As Amended ❑ Ordinance on 111 Reading ❑ Ordinance on 2i1 Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO /s/ Kristine Ridge FILE NUMBER CITY MANAGER RECOMMENDED ACTION Adopt a resolution denying Appeal Application No. 2019-03 and upholding the Planning Commission's approval of Conditional Use Permit No. 2019-30, amendment to Variance No. 2018-10, Conditional Use Permit No. 2019-31 and Environmental Review No. 2019-69. PLANNING COMMISSION ACTION On September 9, 2019, the Planning Commission held a public hearing regarding Conditional Use Permit (CUP) No. 2019-30, amendment to Variance No. 2018-10, Conditional Use Permit No. 2019-31 and Environmental Review No. 2019-69 to facilitate the construction of an automated car wash at 301 North Tustin Avenue and construction of a 3,040-square foot convenience store and service station at 325 North Tustin Avenue. The Planning Commission, by a vote of 4-0 (Nguyen absent), approved the CUPS, variance amendment and environmental review. On September 19, 2019, Kara Grant on behalf of William and Karina Conklin owners of real property and a business at 2035 North Tustin Avenue (Speedie Clean Car Wash), submitted an appeal application pursuant to Section 41-645 of the SAMC (Exhibit 1) requesting that the City Council reconsider the Planning Commission's decision. 75A-1 Appeal No. 2019-03 October 15, 2019 Page 2 Background and Chronology In October 2018, the Planning Commission approved Conditional Use Permit No. 2018-18 to allow an eating establishment with drive -through service at 301 North Tustin Avenue and Variance No. 2018-10 to allow reduced yards for the service station site at 325 North Tustin Avenue. Subsequently, in November and December 2018, the City Council approved Mitigated Negative Declaration, Environmental Review No. 2016-156, General Plan Amendment No. 2018- 05, and Amendment Application No. 2018-08 to change the land use and zoning designations of the properties to General Commercial. The project included a new 7,368-square-foot multi -tenant commercial building with drive -through window service and remodeling the gas station and convenience store. The zone change and general plan amendment became effective January 4, 2019, as the subject properties are located within the General Commercial General Plan land use designation and General Commercial (C2) zoning district. Since the zone change, the property owner has revised the project to include a car wash component instead of a retail development. The current property owner has been in the car wash industry for over 30 years and operates six locations in Orange County. DEVELOPMENT PROJECT Richard Finkel, representing Russell Fischer LP, has submitted a development application to demolish an existing service station, car wash, and convenience store and construct a new service station, convenience store and automated car wash on the two properties at the southeast corner of Tustin Avenue and Fourth Street. The property at 301 North Tustin Avenue is currently vacant and is the site for the proposed automated car wash. The 4,354-square foot car wash building will be located adjacent to the southern property line which allows vehicles to enter or exit on Tustin Avenue or Fourth Street (via reciprocal access provided from the service station property to the north). The car wash will have two pay points with 189 feet of stacking, which exceeds the standard of 120 feet of stacking (12 vehicles). The car wash will contain 20 vacuum bays for customers and three onsite employee parking spaces. The proposed hours of operation are from 7:00 a.m. to 7:00 p.m. during the winter months, and 7:00 a.m. to 8:00 p.m. during summer months (Daylight Saving months). The parcel immediately to the north (325 North Tustin Avenue) is also proposed for redevelopment. The existing service station, convenience store and car wash are proposed to be demolished, a driveway closed on Fourth Street and the site redesigned with a service station and larger convenience store. The service station will consist of a 2,843-square foot canopy with six pump islands (12 pumps total), a 3,040-square foot convenience store and 13 parking spaces. In addition, a lot line adjustment will be processed administratively to increase the lot size, improve on -site circulation and to provide a 35-foot high freestanding sign for the service station adjacent to the SR- 55 freeway along the east property line. The proposed convenience store hours of operation are 24-hours per day. 75A-2 Appeal No. 2019-03 October 15, 2019 Page 3 ANALYSIS OF APPEAL Pursuant to Santa Ana Municipal Code (SAMC) Section 41-377.5, car washes require a CUP. Further SAMC Section 41-365.5, requires a CUP for retail markets less than twenty thousand (20,000) square feet of floor area which are open between 12:00 a.m. and 5:00 a.m. Finally, SAMC Sections 41-368 and 41-380 require a front yard not less than 15 feet. On September 9, 2019, the Planning Commission approved CUP No. 2019-30 to allow a car wash, amendment to Variance 2018-10 to allow for a reduction in the front yard to 10-feet and Conditional Use Permit No. 2019-31 to allow the convenience store to operate 24-hours day, seven days a week. The appellant is requesting that the City Council overturn the Planning Commission's decision and provided four reasons to substantiate the request: I. The Commission failed to satisfy the five required criteria for granting conditional use permits set forth in SAMC Section 41-638 and thus should not have granted Conditional Use Permit No. 2019-30. Summary of Appeal Reasoning: The appellant provides findings that the car wash project will not provide a service or facility that will contribute to the general well-being of the neighborhood/community based on the number of existing car washes in the City that amply provide this service to the community. In addition, the car wash project will be detrimental to the health, safety or general welfare of persons residing in the area due to the size of the proposed car wash and the detrimental economic impact (drop in sales) it would have to the appellant's car wash business and existing car washes in the City. The proposed car wash will adversely affect the present economic stability and/or future economic development of the property in the surrounding area, as an oversaturation of car washes may result in some going out of business which will reduce the City's tax revenue, reduce the number of jobs and detrimentally impact the vitality of current and future uses. Finally, that the proposed car wash will adversely affect the General Plan as it is contrary to Land Use Element Goal 1 to promote a "balance of land uses" and Land Use Element Goal 2 "to promote land uses that enhance the City's economic and fiscal viability." Staff Response: The car wash will continue to provide a service to persons that are working or residing in the area. The proposed car wash at 301 North Tustin Avenue will replace the existing automated car wash at 325 North Tustin Avenue with an updated design which includes provisions for additional queueing and minimizes noise emissions to the exterior of the building. The required findings for Conditional Use Permit No. 2019-30 were made by the Planning Commission (Planning Commission Resolution No. 2019-35) and are as follows: 1. That the proposed use will provide a service or facility which will contribute to the general well-being of the neighborhood or community. The car wash will continue to provide a service to persons that are working or residing in the area. The car wash will replace the existing automated car wash at 325 North Tustin Avenue. The new facility will be bigger than the existing operations and provide vacuum stations for the customer's use. The site will 75A-3 Appeal No. 2019-03 October 15, 2019 Page 4 be redeveloped with a new building with a contemporary design with smooth plaster finishes, metal canopies, ceramic tile, and landscaping contributing to the aesthetics of the area. 2. That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The proposed car wash will not be detrimental to the health, safety or welfare of those residing or working in the vicinity. The site plan was designed to meet the City's stacking requirements and provides for queuing of approximately 15 vehicles. In addition, the stacking lane was placed at the rear of the site to reduce the chance for overflow vehicular queuing onto any public streets. There are no immediately adjacent nearby residential land uses. The uses immediately adjacent to the site include a service station to the north, a medical office building to the south (within the City of Tustin) and the Costa Mesa Freeway to the east. The closest nearby residential uses are over 500 feet from the project site, including the Village Apartments (to the north and across Fourth Street) at 521 North Tustin Avenue and The Orchard (to the southwest and across Tustin Avenue) at 2151 East First Street. The blowers/dryers will be setback 15 feet within the car wash tunnel and the vacuums have been placed north of the car wash tunnel to buffer noise from the office building to the south. A traffic impact analysis was completed by Linscott Law & Greenspan and reviewed by the Public Works Agency and found that the project or cumulative project conditions will not significantly impact any of the nearby street intersections. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The car wash will not adversely affect the economic stability or future economic development of properties in the surrounding area. The property is within the General Commercial (C2) zoning district. Additionally, since 1973, a car wash has been in operation at 325 North Tustin Avenue which is immediately adjacent to the car wash site and interrelated to the subject site as the sites would be redeveloped concurrently. The automated car wash will replace the existing car wash and the site will be redeveloped with a new building with a contemporary design and water efficient landscaping. The car wash will provide an additional service to the community and will provide a commercial business that will generate sales tax revenue for the City. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The proposed use complies with the regulations and conditions in Chapter 41 including building heights, and parking. A condition of approval has been 75A-4 Appeal No. 2019-03 October 15, 2019 Page 5 added to the conditional use permit for a property maintenance agreement to be recorded against the property which will ensure that the property and all improvements are properly maintained. 5. That the proposed use will not adversely affect the General Plan of the City or any specific plan applicable to the area of the proposed use. The proposed car wash will not adversely affect the General Plan. The project is located in a General Commercial (GC) General Plan land use area which allows for commercial uses such as car wash facilities. The project is consistent with several goals and policies of the General Plan, including the Land Use Element and Urban Design Element: Land Use Element Goal 1 promotes a balance of land uses to address basic community needs; Land Use Element Goal 2 promotes land uses that enhance the City's economic and fiscal viability. Furthermore, the project is consistent with Policy 2.8, to promote rehabilitation of commercial properties, and encourage increased levels of capital investment. The car wash will redevelop the site with a new commercial business that will provide a service to those working and living in the City. Urban Design Goal 1 to improve the physical appearance of the City through development of districts that project a sense of place, positive community image and quality environmental. Specifically, Policy 1.5 to enhance architectural forms, textures, colors, and materials are expected in the design of all projects. The vacant lot will be redeveloped with a new building with contemporary architecture and water efficient landscaping. 11. The Commission failed to perform review of the Car Wash Project's environmental impacts under the California Environmental Quality Act because it erroneously determined that the Project was categorically exempt from CEQA review as an infill development project. Summary of Appeal Reasoning: The car wash project contradicts the General Plan Land Use element's goals and policies that the car wash project will have significant impacts on traffic and noise based on the peer review of the project by RK Engineering Group Inc. and that the Commission did not require a noise study for the car wash project prior to approving the CUP. In addition, that exceptions to the categorical exemption related to cumulative impacts and unusual circumstances are applicable. Finally, that the previous development in 2018 which included a retail and restaurant project required a mitigated negative declaration and mitigation monitoring program. Staff Response: The Commission determined that the project was categorically exempt in accordance with the CEQA (Environmental Review No. 2019-69) Guidelines Section 15332, Class 32 (In -fill Development Projects). This exemption is applicable to the project as the project is consistent with the General Plan and zoning designation, is less than five acres (1.46-acre site) and is surrounded by urban uses. The site was previously developed with commercial uses and has no habitat for endangered, rare or threatened species. The project would not result in any significant effects related to traffic, noise, air quality or water quality as indicated by the Traffic Study dated May 2019 prepared by Linscott, Law and Greenspan, 75A-5 Appeal No. 2019-03 October 15, 2019 Page 6 noise study dated July 2019 prepared by LSA, and Conceptual Water Quality Management Plan prepared for the project. The project can be served by all required utilities and public services. The previous project included a general plan amendment and zone change to the subject property and surrounding properties, therefore it required a Mitigated Negative Declaration. As discussed previously, the general plan amendment and zone change became effective January 4, 2019. As such, the subject properties within the General Commercial General Plan land use designation and General Commercial (C2) zoning district and are eligible for the Section 15332, Class 32 categorical exemption. lll. Amendment to Variance No. 2018-10 should have been denied because it does not address "special circumstances" that deprive the subject property of privileges enjoyed by similar properties, and instead constitutes an impermissible grant of special privileges. (See SAMC Section 41-638(a)(2); Gov't Code 65906). Summary of Appeal Reasoning: Granting the variance is an impermissible grant of special privileges to the car wash applicant to build a car wash based on the reasons provided within the applicant's variance application. Additionally, that the record does not establish the special circumstances related to the site. Staff Response: The required findings for amendment to Variance No. 2018-10 were made (Planning Commission Resolution No. 2019-36) and the variance addressed special circumstances related to the project site that are different than the surrounding properties such as required street dedications, site design and circulation considerations for the proposed use and the irregular shape of the lot due to the lot width which narrows from north to south due to the location being adjacent to an existing freeway. The appellant basis the reasoning for objecting the variance and its finding reflects information provided on the applicant's variance application within the project file, not the findings made in the resolution by the Planning Commission. The variance findings made by the Planning Commission are as follows: 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this Chapter. There are special circumstances related to the property as street dedications are required, site plan considerations for the proposed use and the irregular shape of the lot. A 2-foot dedication is required along Tustin Avenue, therefore reducing the size of the property and reducing the landscaped setback to 10 feet for a portion of the street frontage. The lot is constricted by the Costa Mesa Freeway which binds the site to the east. Due to the freeway right-of-way the lot depth narrows from the north to the south as the freeway continues. In addition, complexities of car wash stacking and circulation patterns make it difficult to create functional site plan that meets all the development standards and does not create stacking on the adjacent streets. 75A-6 Appeal No. 2019-03 October 15, 2019 Page 7 2. That the granting of a variance is necessary for the preservation and enjoyment of one (1) or more substantial property rights. Granting this variance is necessary for the preservation and enjoyment of substantial property rights. The interrelated property at 301 North Tustin Avenue is currently developed with a car wash, service station and convenience store with minimal landscaping. The proposed integrated development will have more landscaping than what is currently on site and will allow for continued operations of a car wash. Amending the variance to allow for a portion of the lot to have a reduced landscape setback would allow the property owner to redevelop with a car wash and provide for adequate stacking and vehicular turn movements. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. Granting this variance will not be detrimental to the public or surrounding properties. The proposed project will reduce the number of driveways to the site. In addition, the building has been designed to incorporate high quality materials, enhanced landscaping and will continue to provide a service to the nearby community and public. The surrounding uses are commercial and professional uses and will not be impacted by the reduced yards. 4. That the granting of a variance will not adversely affect the General Plan of the city. The variance for reduced yards will not adversely affect the General Plan. The project is located in a General Commercial (GC) General Plan land use which allows for commercial uses such as car wash facilities and service stations. The project is consistent with several goals and policies of the General Plan, including the Land Use Element and Urban Design Element: Land Use Element Goal 1 promotes a balance of land uses to address basic community needs. Land Use Element Goal 2 promotes land uses that enhance the City's economic and fiscal viability. Furthermore, the project is consistent with Policy 2.8, to promote rehabilitation of commercial properties, and encourage increased levels of capital investment. The car wash will redevelop the site with a new commercial business that will provide a service to those working and living in the City. Urban Design Goal 1 aims to improve the physical appearance of the City through the development of districts that project a sense of place, positive community image and quality environment. Policy 1.5 promotes projects that enhance architectural forms, textures, colors, and materials in the design of all projects. The vacant lot will be redeveloped with a new building with contemporary architecture and water efficient landscaping. IV. The notice distributed for the September 9, 2019 Planning Commission public hearing, 10 days before the hearing and only to properties within 500 feet of the project was not reasonably calculated to afford affected persons, like the Conklins, the realistic opportunity to 75A-7 Appeal No. 2019-03 October 15, 2019 Page 8 protect their interests. The ConMins were not included on the City's list of individuals/properties to review notice of the hearing. Summary of Appeal Reasoning: The Conklins and other car wash owners were not included in the public hearing mailing list, but they will be directly affected by the project. Staff Response: Notice of the September 9, 2019 Planning Commission meeting was provided in accordance with Santa Ana Municipal Code Section 41-636 and Section 2-153(c) and applicable state noticing requirements by advertising in the Orange County Reporter a newspaper of general circulation, by mailing to owners of property and residents within 500 feet of the project site and posting on the project site on August 30, 2019 10-days prior to the public hearing. In addition, information on the project was posted on the project's webpage in June 2019. The appellant's comments submitted to the Planning Commission on September 9, 2019 Exhibit D reflects communication between the appellant and the City. In follow up, on July 1, 2019 an email response was sent providing information on the project including a link to the updated project webpage and a phone conversation with city staff was held overviewing the car wash application. On August 30, 2019, email notification of the Planning Commission public hearing was provided to the same email address that inquired in July. The City Council, in its review of this appeal, must determine whether the findings for granting a CUP as identified in Section 41-638 of the SAMC have been established for CUP No. 2019-30, Variance Amendment No. 2018-10, CUP No. 2019-31 and Environmental Review No. 2019-69. The City Council upon evaluating the record of decision, may uphold or overturn the decision of the Planning Commission, in whole or in part. Environmental Analysis In accordance with the California Environmental Quality Act (CEQA), Environmental Review No. 2019-69, the project is exempt pursuant to CEQA Guidelines Section 15332, Class 32 (In -fill Development Projects). This exemption is applicable to the project as the project is consistent with the General Plan and zoning designation, is less than five acres (1.46 acres) and is surrounded by urban uses. The site was previously developed with commercial uses and has no habitat for endangered, rare or threatened species. The project would not result in any significant effects related to traffic, noise, air quality or water quality as indicated by the Traffic Study dated May 17, 2019 prepared by Linscott, Law and Greenspan, noise study dated July 2019 prepared by LSA, and Conceptual Water Quality Management Plan prepared for the project. The project site lies within the jurisdiction of the South Coast Air Quality Management District (SCAQMD). As such construction of the project shall comply with SCAQMD Rule 403, which identified measures to reduce fugitive dust and is required to be implemented at all construction sites located within the South Coast Air Basin. The project will not exceed construction or operational emission thresholds established by the SCAQMD. The project can be served by all required utilities and public services. 75A-8 Appeal No. 2019-03 October 15, 2019 Page 9 ECONOMIC DEVELOPMENT The retail market is expected to have eight employees and provide additional tax revenue due to the increase in floor area and 24-hour operations. The express car wash will have four employees and provide an increase in tax revenue as the subject site is currently vacant. Property tax revenue from both properties will increase due to the gas station site being redeveloped and the car wash occupying a vacant site, thus the total net value of the property will increase after the building and improvements for the project are made. The construction of the project will require that permit fees be paid to the City and there will be temporary construction jobs. Table 1: Public Notification & Community Outreach Public Notification & Community Outreach Notification by mail was mailed to all property Notification by mail owners/occupants within 500 feet of the project site, and Required Measures interested parties, on October 3, 2019. Newspaper posting Newspaper posting was published in the Orange County Reporter on October 4, 2019. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #3 - Economic Development, Objective #2 (create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies). CONCLUSION Based on the full record to date, including testimony and review presented at the Planning Commission public hearing and review of the appeal statement staff recommends that the City Council affirm the Planning Commission's decision and recommends that the City Council deny the appeal. Minh Thai Executive Director Planning and Building Agency Sk',Ia S'.\RFCA\2019\10-15-19\Appeal 2019-03 - 301 and 325 N. Tustin\ RFCAAPPEAL No. 2019-03 for 301 N. Tustin Ave.doc Exhibits: 1. Appeal Application No. 2019-03 2. Resolution Denying Appeal Application No. 2019-03 3. Planning Commission Signed Resolutions 4. Planning Commission Staff Report and Exhibits 75A-9 *VA NI-3YIi1 Planning and Building Agency Planning Division 20 Civic Center Plaza P.O. Box 1988 (M-20) Santa Ana, CA 92702 Nin SrP 19 P3 :): --� 9 (714)647-5804 CITY OF WffiAAPPLICATION I. OWNER/APPLICANT Applicant William and Karina Conklin by and through Kara Grant, Esq Full name of Person, Firm, or Corporation 321-7472 77595 Harvard, Suite C-202, Irvine, CA 92614 (714 ) Mailing Address Area Code Phone Legal owner Name: william and Kanna Conklin by and through Kara Grant, Esq. Legal owner Address: 17595 Harvard, Suite C-202, Irvine, CA 92614 Phone No.: (714 ) 321-7472 II. PROPERTY INFORMATION Fax: (949) 769-6689 Land Use - csM1]o,N. Tuslln Ave: 9essanme 11a:b. With var—h-325 N. nn:w Ave. General Commercial(C2) General Commercial (GC) Existing Land Use of Property and/or Building Zoning District General Plan Designation Location 301 & 325 Nonh Tustin Avenue 4th Street Street Address Name of Nearest Intersecting Street SEE REVERSE SIDE FOR SUBMITTAL REQUIREMENTS III. REASON FOR REQUEST In the following provided space, please clearly specify and explain the error(s) of decision or requirement upon which you are basing this appeal. (If additional space is needed, please attach additional comments to the back of this application.) As explained in the attached letter, which is incorporated by reference, the Planning Commission erred in approving Russell Fischer Car Wash Project at 301 and 325 N. Tustin Avenue, granting discretionary approvals and and finding the Car Wash Project categorically exempt from CEQA. O SEP 19 REH cm\cntr-fnn\appeal 5/00 pity of Santa Ana Date: 9/19/19 EAL APPLICATION NO. Pip I!!L' t73 75A-10 LAW OFFICE OF KARA E. GRANT 17595 Harvard, Suite C-202 N Irvine, California 92614 tel 1714.321.7472 fax 1 949.769.6689 email I karagrantlaw@gmail.com September 19, 2019 City of Santa Ana Attn: City Council Attn: Planning and Building Agency, Planning Division 20 Civic Center Plaza Santa Ana, CA 92702 (714) 647-5804 RE: Appeal from Planning Commission's Approval of the Russell Fischer LP Car Wash Project — 301 & 325 N. Tustin Avenue Dear Members of the Council: We ask the Council to reverse the decision of the Planning Commission and deny the Russell Fischer Car Wash Project at 301 and 325 N. Tustin Avenue, which will have a detrimental effect on the neighborhood and the City of Santa Ana. Pursuant to Section 41-645 of the Santa Ana Municipal Code ("SAMC"), my clients, Mr. William Conklin and Mrs. Karina Conklin, appeal the Planning Commission's September 9, 2019 decision to approve the Russell Fischer Commercial Center (Conditional Use Permit No. 2019-30, amendment to Variance No. 2018-10, Conditional Use Permit No. 2019-31 and CEQA Notice of Exemption, Environmental Review No. 2019-69) for development of a massive express car wash along with a gas station and convenience store (the "Project" or "Car Wash Project"). The Conklins are an interested party because they own real property and a business in Santa Ana, which is located less than 1.2 miles from the Project, and their business will be directly affected by the Project. The Conklins submitted public comments to the Planning Commission in opposition to the Project before 1:00 pm on September 9, 2019, and their representative presented further opposition at the hearing. 75A-11 SUMMARY OF REASONS WHY THE COUNCIL SHOULD REVERSE THE DECISION OF THE COMMISSION AND DENY THE REQUESTED APPROVALS FOR THE PROJECT The Planning Commission committed four crucial errors in approving the Russell Fischer Car Wash Project: (1) The Commission failed to satisfy the five required criteria for granting conditional use permits set forth in SAMC Section 41-638 and thus should not have granted Conditional Use Permit No. 2019-30 (the "CUP") for the development of the massive car wash. (2) The Commission failed to perform review of the Car Wash Project's environmental impacts under the California Environmental Quality Act ("CEQA") because it erroneously determined that the Project was categorically exempt from CEQA review as an infill development project. CEQA review must be completed before the Project can be approved. (3) Amendment to Variance No. 2018-10 (the "Variance Amendment") should have been denied because it does not address "special circumstances" that deprive the subject property of privileges enjoyed by similar properties, and instead constitutes an impermissible grant of special privileges. (See SAMC Section 41-638(a)(2); Gov't Code § 65906.) The stated justification for granting the Variance Amendment for the Russell Fischer Car Wash Project is to enable the applicant to develop the car wash that is designed to operate at the "highest efficiency," and with the "highest possible return on the [applicant's] considerable investment." This Variance Amendment is only necessary so that Russell Fisher can build the massive car wash that it now wants to build on the property. The retail/drive-thni restaurant project Russell Fischer originally proposed, and the Planning Commission and this Council approved in 2018, can be developed without this Variance Amendment. (4) The notice distributed for the September 9, 2019 Planning Commission hearing — a paltry 10 days before the hearing and only to properties within 500 feet of the Project — was not reasonably calculated to afford affected persons, like the Conklins, the realistic opportunity to protect their interests. Despite numerous inquiries to the City re this specific Project site, the Conklins were not included on the City's list of individuals/properties to receive notice of the hearing, and ultimately obtained notice only serendipitously. For these reasons, discussed at length below, the Council should reverse the Commission's decision and deny the requested approvals for the Russell Fischer Car Wash Project. In addition, we urge the Council to take special notice of the following important issues concerning the Russell Fischer Car Wash Project: • The Council should investigate the "bait and switch" manner in which the Project applicant, Russell Fischer, LP (hereinafter, "Russell Fischer" or the "Applicant") obtained entitlements for 75A-12 the Car Wash Project. The Project was originally proposed in late 2016 as a building with numerous retail stores and a drive-thru restaurant. The entitlements necessary for development of the Car Wash Project —including rezoning the property to commercial and obtaining a General Plan amendment —were obtained under the pretense that a car wash owner and car wash developer were going to demolish the existing small gas station car wash and suddenly develop a retail center and drive-thru restaurant. It wasn't until July 2019 that there was any indication to the public that the Project would no longer include the retail building and drive-thru restaurant, and instead would house a massive express car wash with a 4,354 square foot car wash tunnel and 20 vacuum bays. The Council should send the message that this sort of manipulation and deceit is not how projects get approved in Santa Ana. The Council is also urged to adopt a moratorium on car washes to protect the Santa Ana's general welfare and economic stability, as the City of Escondido did in 2018. Santa Ana is on its way to becoming the car wash capital of Southern California. Currently, there are 22 car washes operating in the City and approving any more, including the Russell Fischer Car Wash Project, will have significant adverse impacts on the community and the City overall. Car washes provide little economic benefit to the City since they generate minimal sales tax revenue, they hire few employees resulting in lost income potential to residents and a reduction in employment opportunities throughout the City, they take up prime commercial property locations which are difficult to redevelop, and they have serious adverse impacts on the environment. Santa Ana needs a car wash moratorium and ultimately stricter requirements for permitting any future development of this use. Accordingly, the Council should deny Russell Fischer's application to build yet another massive, unneeded car wash, and should impose a moratorium to protect the City's general welfare, present economic stability, and future economic development. I. THE COUNCIL SHOULD REVERSE THE PLANNING COMMISSION'S APPROVAL OF THE CUP BECAUSE THE PROPOSED CAR WASH FAILS TO SATISFY FOUR OF THE FIVE MANDATORY FINDINGS REQUIRED TO GRANT A CUP. A. The Santa Ana Municipal Code Requires Five Findings Before A CUP Can Be Granted. The City's Conditional Use Permit Application states: "The conditional use procedure provides a method whereby specific uses, not considered compatible as a permitted use in a zoning district, are afforded an opportunity to locate in the zoning district on the basis of a specific location provided certain findings can be established." SAMC Section 41-638, provides that the Commission may grant a CUP for specific uses located at a particular location only if the Applicant establishes all of the following: 75A-13 (i) That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or the community; and (ii) That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity; and (iii) That the proposed use will not adversely affect the present economic stability or future economic development of property in the surrounding area; (iv) That the proposed use will comply with the regulations and conditions specified in this chapter for such use; and (v) That the proposed use will not adversely affect the general plan of the city or any specific plan applicable to the area of the proposed use. Significantly, the SAMC states that the Commission "may" grant the CUP if all five elements are met, not that it "must" grant the CUP. The City chose to require conditional use permits for car washes to maintain discretion over their development. In other words, property owners do not get to build a car wash in Santa Ana on any property as a matter of right. This is.because the City recognized the need to regulate and limit the number of car washes since they can be detrimental to the health, safety and general welfare of the community. Accordingly, the standard for approving conditional use permits is that all five elements enumerated above must be satisfied. The Russell Fischer Car Wash Project did not meet these five required elements. At minimum, the Project fails to meet required elements 1, 2, 3, and 5, each of which is addressed in turn below. In addition, the record in support of the Planning Commission's decision must contain substantial evidence to support its findings, and the findings must in turn support the decision and be sufficiently detailed to "bridge the analytical gap" between the raw evidence and the final decision. (Topanga Association for a Scenic Community v. County of Los Angeles (1974) 11 Cal.3d 506, 511.) As discussed at length below, the record lacks substantial evidence to support the Commission's findings that yet another massive car wash will contribute to and not adversely affect the City. Thus, the City Council should reverse the Commission's decision and deny the CUP. 4 75A-14 1. The Car Wash Project Will Not Provide a Service or Facility that Will Contribute to the General Well Being of the Neighborhood/Community. The Council should deny the CUP if the proposed use would be detrimental to the general welfare or have undesirable effects in the community. (Harris v. City of Costa Mesa (1994) 25 Cal.App.4th 963, 973; Tustin Heights Assn v. Board of Supervisors (1959) 170 Cal.App.2d 619, 626.) In Harris v. City of Costa Mesa, the Court of Appeal described the "public welfare" standard as follows: "`The concept of the public welfare is broad and inclusive. [citations omitted]. The values it represents are spiritual as well as physical, aesthetic as well as monetary. It is within the power of the legislature to determine that the community should be beautiful as well as healthy, spacious as well as clean, well-balanced as well as carefully patrolled.' [Citations.]" (Id. at p. 741.) Similarly, in Guinnane v. San Francisco City Planning Com. (1989) 209 Cal.App.3d 732, the Court of Appeal rejected the petitioner's contention that "... the commission's decision [was] unsupported by the findings [ ] based on the argument that the findings relate[d] exclusively to the private concerns of the neighbors (traffic, parking and visual impact) rather than the requisite public concerns of health, safety and welfare." The Court found this argument specious, and explained that "[w]hile parking, traffic and visual impact were problems expressed by some of the neighbors, clearly they represent concerns that fall well within the domain of the public interest and welfare. [Citations.]" (Id. at p. 743.) Santa Ana currently has at least 22 car washes, including the small gas station model car wash currently in operation on 325 N. Tustin Avenue. Attached as Exhibit A is a list of car washes within the City of Santa Ana and their respective distances to the Project. There are 3 more car washes located within 1 mile of the Project in the City of Tustin. In fact, the Tustin Bay Wash is located on the very same block as the proposed Russell Fischer Car Wash Project, and the Mobile Express Wash located on Irvine Blvd., is only about 1,000 feet from the Car Wash Project. Moreover, there are 13 mobile car wash facilities in Santa Ana in addition to the 22 car washes, which bring the total existing car wash facilities in Santa Ana to 35. (See Exhibit A.) To further illustrate how oversaturated the car wash use is in Santa Ana, there are only 13 Starbucks in in the entire City, and at that it feels like they are on every corner. Clearly, the car wash service is already amply provided to the community. There is no need to trade the small gas station car wash at 325 N. Tustin for a massive standalone car wash facility at 301 N. Tustin Avenue, as proposed by the Russell Fischer Car Wash Project. Doing so will not contribute any new or needed service or facility to the community. In contrast, the project currently approved for 301 and 325 N. Tustin Avenue —the retail center with drive thm restaurant —would provide new services and facilities to the neighborhood and community. Moreover, that location is a gateway to the City of Santa Ana from the freeway. It would be infinitely more appealing, welcoming and desirable to have a 75A-15 retail center and restaurant as one of the first things a visitor or resident sees upon entering the City, as opposed to yet another massive, loud, imposing car wash. The Russell Fischer Car Wash Project will be further detrimental to the community's general well being because it will adversely affect existing car washes within the City, especially those in close proximity to the Project, like the Conklin's Speedie Clean Express Car Wash ("Speedie Wash"). The negative impact on businesses like Speedie Wash, which is located only 1.1 miles from the Project, in turn will be detrimental to the entire community. The Conklin's made a substantial investment in the City of Santa Ana when they purchased both the property (2035 N. Tustin Avenue) and business (Speedie Wash) in 2017 for several million dollars. Bill Conklin is a retired prosthetist, and Karina is a stay at home mom to their 10-year-old son, Tyler, who is autistic and hearing disabled. The Conklins invested their life's savings into Speedie Wash because they envisioned their future in Santa Ana, where Karina grew up, operating Speedie Wash together, and one day enjoying it with their son as an employee. With Speedie Wash, the Conklin are working on amazing projects that enrich their community and residents/visitors, whereby they offer fiill service car washes in coordination with entities like the Regional Center of Orange County and GoodWill that offer programs for disabled adults. Unfortunately, the Conklin have had to put such charitable projects on hold and focus their attention on saving their business, which is being threatened by the unnecessary new supersized Russell Fischer Car Wash Project. The City recently approved another large-scale car wash, Rocket Express Car Wash, located at 1703 East 17th Street, which is currently under development. Rocket Express Car Wash is located only 1 mile from Speedie Wash. The Conklin's recently were informed that two more applications to develop new large-scale car washes have been submitted to the City in addition to the Russell Fischer Car Wash Project herein at issue. The proposed locations are N. Tustin Avenue and Santa Clara Avenue, and Grand Avenue between 171h Street and Fairhaven Avenue. If approved, they would bring Santa Ana's car wash total to 24. The proposed locations of these two additional car washes are 0.2 miles and approximately 1 mile, respectively, from Speedie Wash. These proposed car washes are both approximately 1.4 miles from the Russell Fischer Car Wash Project. (See Exhibit A.) In light of the foregoing, it should be abundantly clear that the Russell Fischer Car Wash Project will not provide a service or facility that will contribute to the general well being of the neighborhood or community. In fact, the car wash service/facility is redundant, and will negatively impact other existing car washes. In contrast, the retail building and drive through restaurant currently approved for the site would benefit the neighborhood and community. 2. The Car Wash Project Will Be Particularly Detrimental to the Health, Safety, or General Welfare of Persons Residing or Working in the Vicinity. Oversaturating the City with yet another massive car wash eliminates employment opportunities within the City because car washes like the Russell Fischer Car Wash Project hire very few employees. 75A-16 The number of employees is especially minuscule in comparison to the number of employees that would be hired by the numerous retail stores and the drive-thru restaurant currently approved for the site as part of the Russell Fischer Retail/Restaurant Project. Moreover, typical wages paid at the Car Wash Project would not increase the City's overall median incomes. The Russell Fischer Car Wash Project therefore would not bolster employee densities in commercial and industrial zones or increase the per capita median income of the community. If the Council allows the continued establishment of car washes, by approving the Russell Fischer Car Wash Project, it will result in the immediate loss of potential income to City residents and drastically reduce potential employment opportunities in the neighborhood and throughout the City. Moreover, permitting the continued oversaturation of car washes by approving the Russell Fischer Car Wash Project will be detrimental to existing Santa Ana business, such as other car washes in the City. It is well accepted in the car wash industry that a successful car wash draws from approximately five miles, with a concentration of 2-miles. Industry literature recommends that a new car wash should not be established within 3 miles or less of another car wash because the competition will hurt both businesses. Attached as Exhibit B are articles by car wash industry consultants explaining this recommendation: "Competing car washes in a three mile radius must be seriously considered as threat or deterrent to your proposed site." (Motor City Wash Works, Site Selection — Road -Map to Success, pp. 3-4.) One consultant explains that opening a car wash within 3 miles of an existing car wash will lead to one of three possible scenarios: "(1) they put you out of business because they are more well-known; (2) you put them out of business because you're shiny, new and ready to impress; or (3) both you and your competitor limp along with mediocre, stagnated business." (Exhibit B, "Respecting the 3-Mile Rule When Starting a Car Wash".) As discussed above, the Russell Fischer Car Wash Project is located only 1.2 miles from Speedie Wash. Although the Project currently has a gas station car wash operating on the Project site, small car washes that are part of gas stations are not considered direct competitors of express and fall service model car washes. Thus the expansion to an express wash proposed by the Project will impose direct negative impacts on Speedie Wash not imposed by the currently operated gas station car wash. The sheer capacity of large-scale express car washes versus gas station car washes illustrates how the proposed Project only 1.2 miles from Speedie Wash will have a direct, detrimental impact on its business. Express car washes wash between 600-700 cars on a typical weekday, and between 800-1,000 cars on a typical weekend day. An express car wash will typically do 20,000 car washes in a single month. It is not uncommon for a busy express car wash to do up to 30,000 car washes in a single month. In contrast, smaller gas station model car washes like the car wash currently operated on the Project site, will typically average about 3,000 car washes monthly, or 100 car washes per day. Moreover, a gas station model car wash generally has at least three profit centers: (1) gas sales, (2) convenience store sales, and (3) car wash sales. In contrast, express car washes have only a single profit center — washing cars. 75A-17 A comparison of the existing gas station car wash located on the Project site to the proposed massive express car wash, which will span the length of property line of 301 N. Tustin Avenue, illustrates that the Car Wash Project and its significantly increased capacity will undoubtedly impact Speedie Wash as a direct threat in extremely close proximity. Attached as Exhibit C are photographs of the existing gas station car wash operated at the Project site, which is diminutive in size compared to the proposed Russell Fischer Car Wash Project. The Conklin's know first hand that adding an express car wash close by will hurt their business. For instance, Speedie Wash's suffered roughly an 8% drop in sales when a new express car wash, Rapids Express Car Wash, was built in the City of Orange on N. Tustin Street, approximately 4 miles from Speedie Wash. This negative impact on car wash businesses is not unique to Speedie Wash, but would apply to all car washes in the vicinity of the Russell Fischer Car Wash Project especially the existing 15 car washes located within a 3-mile radius of the Project. (See Exhibit B — articles discussing impact of new car washes within 3 miles of existing car washes). Accordingly, the Project will be detrimental to the business operation and success, and thus the general welfare, of Speedie Wash, as well as the numerous other car washes in the Project vicinity. Also noteworthy is the dental office that is adjacent to the Project. This business owner, a dentist, has expressed opposition because the Russell Fischer Car Wash Project is proposed to be built very close to her building and the vibrations will harm sensitive medical equipment, and the noise will harm her business operation. 3. The Proposed Car Wash Project Will Adversely Affect the Present Economic Stability and/or the Future Economic Development of Property in the .Surrounding Area. The current oversaturation of car washes in Santa Ana provide the City little economic benefit as there are minimal sales tax revenues associated with car wash operations. This fact greatly concerned the City of Escondido, who recently adopted a moratorium prohibiting new car wash uses in their city. (See, infra, Exhibit L, and the discussion in Section VI of this Appeal.) In comparison, numerous retail stores and a drive-thru restaurant, as currently approved for the Russell Fischer Retail/Restaurant Project, would generate substantial sales tax revenue for the City. Moreover, as explained below, continuing to permit the oversaturation of car washes in Santa Ana will result in failed businesses, and in turn vacant commercial properties that are difficult and expensive to redevelop because of potential contamination to the site and the infrastructure unique to car washes. The Russell Fischer Car Wash Project will adversely affect the economic stability of other car wash businesses. For instance, the Conklins project that each additional express or full service car wash, in this case, the proposed Russell Fischer Express Car Wash, will reduce Speedie Wash's revenue margin by 10-15%. This impact is not unique to Speedie Wash, but would foreseeably apply to most and potentially all car washes in an approximate 3-mile radius of the Project. With each new express wash reducing Speedie Wash's revenue by 10-15%, the impact of the proposed Russell Fischer Express 75A-18 Car Wash in addition to the already approved Rocket Express Car Wash, both of which are located within a 1.5 mile radius from Speedie Wash, is significant and devastating. As mentioned above, the Conklin recently learned that two more applications to develop new express car washes have been submitted to the City, with proposed locations approximately 1.4 miles from the Russell Fischer Car Wash Project, and within 1 mile from Speedie Wash. If these proposed new express car washes are approved and developed, along with Rocket Express and the Russell Fischer Car Wash Project, that would increase the munber of express car washes within less than a 2 mile radius of Speedie Wash from 5 to 8. Going from the existing 5 to 8 express car washes represents a 60% increase in express car washes in the City all within a very short time frame. All three of these newly proposed express car washes, one of which is already approved, would likely be built within I1/2 years. Accordingly, each approval of a new express car wash, like the Russell Fischer Express Car Wash, will have a substantial detrimental impact on other car wash owners like the Conklin. The unavoidable negative financial impact from operation of the already approved Rocket Express Car Wash, plus the proposed Russell Fischer Express Car Wash if approved, is substantial and potentially devastating. Moreover, there is yet another express car wash proposed in the City of Orange, Oasis Express Car Wash, which is located within approximately 2 miles of Speedie Wash. If the Russell Fischer Car Wash Project as well as these two additional new express wash applicants are approved, in addition to approved Rocket Express Car Wash, Speedie Wash will suffer a 40% loss in current car counts, and there is simply not enough income after expenses to sustain such a loss, thereby devastating the Conklin's family business. Again, as discussed in the article, Respecting the 3-Mile Rule When Starting a Car Wash, the outcome of approving the proposed CUP will be either to: (1) put the new car wash out of business; (2) put the older, existing car wash out of business; or (3) decrease the profitability of both car washes, resulting in mediocre, stagnated businesses. (See, Exhibit B.) Thus, if the City further inundates the community with car washes in too close proximity to each other, at least some of those businesses will fail, and at least some suffer declines in revenue. These negative impacts on existing businesses will be detrimental to the City as well because it will lose tax revenues, lose jobs, and the City's aesthetics will be marred by failed car washes and vacant lots. Vacant lots are aesthetically unappealing and further affect the vitality of business in the surrounding area. Moreover, redeveloping a lot on which a car wash previously operated is expensive and unappealing because the infrastructure required to develop the car wash, such as car wash pits, are built into the site and are unique to the car wash industry. (See Exhibit B.) Thus, a retail developer would be dissuaded from developing on a former car wash site as opposed to another site because of the increased cost, as well as potential environmental issues from the car wash use. Accordingly, the type of business that would be drawn to the property of a failed car wash site is yet another car wash, which in turn would re -inundate an unnecessary and problematic us, creating a cycle of mediocre and failed businesses. 75A-19 This cycle is further exacerbated by the fact that the land that a car wash is built on is considered a "single -use property" by the lender. (See Exhibit B.) Lenders use this designation to evaluate risk. If a site is considered a single -use property, it can't be easily converted for any other use because of the unique car wash infrastructure mentioned above. If a bank lends an owner the money for a car wash and the business fails, the bank is unable to depend on other retail businesses to develop in the conveyor tunnel, for example. The new retail business would require serious financial support to convert the car wash equipment to suit its use. Thus again, by approving the proposed Project, the City will adversely affect the present economic stability and/or the future economic development of property in the surrounding area. (See Exhibit B.) In sum, the reasonably foreseeable consequence of inundating the City with car washes is to reduce the profit margins of each business to the extent at least some will go out of business. This is exactly the devastation the Conklin's fear for Speedie Wash and their future, and which they ask the City to prevent by denying approval of the CUP. This consequence will in turn reduce the City's tax revenue, reduce the number of jobs, and detrimentally impact the vitality of current and future businesses as a result of failed businesses and vacant, aesthetically displeasing properties. Accordingly, approving the CUP will adversely affect the present economic stability and future development of the area surrounding the Project. 4. The Proposed Express Car Wash Will Adversely Affect The General Plan. The foregoing discussions clearly show that the Russell Fischer Car Wash Project is contrary to the health, safety, and general welfare of those residing and working in the vicinity of the Project, as well as adverse to the present economic stability and future economic development of properties in the surrounding areas. These effects are contrary to Santa Ana's General Plan, Land Use Element Goal 1, to promote a "balance of land uses," because the Russell Fischer car wash will oversaturate this specific type of business within the City, and the City residents/visitors are currently, amply afforded car wash facilities and services. With at least 22 car washes (35 car wash facilities when mobile washes are included) already operating in the City, the Russell Fischer Car Wash Project fails to address any basic community need or provide any needed service. The Project is also contrary to Land Use Element Goal 2, "to promote land uses that enhance the City's economic and fiscal viability." As discussed above, the Russell Fischer Car Wash Project, like all car washes, will provide little sales tax revenue to the City, it will directly reduce the viability of existing car washes in the vicinity as well as sensitive neighboring businesses such as the dental office and massage business located only feet away, and provide few employment opportunities. Specific to this Goal is Policy 2.2 — "Support commercial land uses in adequate amounts to accommodate the City's needs for goods and services." With at least 22 car washes already operating in Santa Ana (35 including mobile wash facilities), there is absolutely no need for the Russell Fischer Car Wash Project. 10 75A-20 The Project is also contrary to Policy 2.5 — "Balance the economic and fiscal benefits of commercial development with its impact on the quality of life in the City." As discussed above, there are little economic benefits of car washes, they occupy prime commercial property and provide few employment opportunities within the City. Accordingly, approving the Russell Fischer Car Wash Project is completely contrary to Policy 2.5, as well as 2.6, which is to encourage employment opportunities, and Policy 2.9 — to support developments with safe and attractive business environments, since the Russell Fischer Car Wash Project has adverse environmental impacts, including traffic and noise, which are discussed later in this Appeal. 5. The Council Should Deny the Russell Fischer Car Wash Project. Pursuant to SAMC 41.638, the Council should deny CUP 2019-30 for development of the Russell Fischer Car Wash Project because the Project does not meet the five mandatory requirements set forth above, each of which is required to grant the CUP. II. THE RUSSELL FISCHER CAR WASH PROJECT IS SUBJECT TO ENVIRONMENTAL REVIEW UNDER CEQA. The Russell Fischer Car Wash Project is not categorically exempt from CEQA Section 15332 as an infill development project. Accordingly, the Conklin oppose the Notice of Exemption, Environmental Review No. 2019-69 for this Project. The Planning Commission's determination that the Car Wash Project is categorically exempt is wholly inconsistent with its prior determination that Russell Fischer's 2018 Retail Project for the same properties was subject to CEQA review, and required a mitigated negative declaration ("MND"), as well as a Mitigation and Monitoring Program. A. The Russell Fischer Car Wash Project is Not Categorically Exempt Under CEQA as an Infill Development Project. The Planning Commission made the determination that the Russell Fischer Car Wash Project is categorically exempt from environmental review required by CEQA because it is a "landfill development project." The Commission erred. In order for a project to qualify for the infill development project categorical exemption to CEQA review, the project must meet each of the following five conditions: (a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. (b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. (c) The project site has no value, as habitat for endangered, rare or threatened species. 11 75A-21 (d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. (e) The site can be adequately served by all required utilities and public services. (14 Cal. Code Regs. § 15332). In support of its determination, the Planning Commission found that the Russell Fischer Car Wash Project is consistent with the General Plan and zoning designation (condition (a)), and that it will not result in any significant impacts related to traffic, noise, air quality or water quality according to the traffic impact analysis and with implementation of water quality requirements (condition (d)). (See August 30, 2019 Notice of Public Hearing Before the Planning Commission). Contrary to these findings, there is ample evidence showing that the Russell Fischer Car Wash Project contradicts the General Plan Land Use Goals and Policies, and that the Car Wash Project will have significant impacts on traffic and noise. Accordingly, there is not substantial evidence to support the Commission's determination that the Car Wash Project is categorically exempt from CEQA review under Section 15332. Consequently, CEQA environmental review must be completed before the Car Wash Project may be approved. 1. The Car Wash Project Contradicts the Land Use Goals and Policies Stated in the General Plan. As discussed at length above, at minimum the Russell Fischer Car Wash Project does not meet the General Plan Goals and Polices, Land Use Element Goal 1, to promote a balance of land uses, because there are already 35 car wash facilities operating and available in Santa Ana. Rather than creating a balance of land uses, the Russell Fischer car wash will oversaturate this specific type of business within the City, causing significant economic loss to other car wash businesses, including Speedie Wash. Also discussed above, the Project is also contrary to Land Use Element Goal 2, to promote land uses that enhance the City's economic and fiscal viability. As discussed above, the Russell Fischer Car Wash Project contradicts this Land Use Goal because car washes provide little economic benefit since they generate minimal sales tax revenues. Allowing the continued establishment of car washes, including the Russell Fischer Car Wash Project, will result in the immediate loss of potential revenues to the City and the immediate loss of desirable commercial sites throughout the City. The Russell Fischer Car Wash Project will also directly reduce the viability of existing car washes in its vicinity, including but not limited to Speedie Wash. Specific to this Goal is Policy 2.2 — "Support commercial land uses in adequate amounts to accommodate the City's needs for goods and services." With 22 existing car wash facilities in Santa Ana, there is absolutely no need for the Russell Fischer Car Wash Project. The Project is also contrary to Policy 2.5 — "Balance the economic and fiscal benefits of commercial development with its impact on. 12 75A-22 the quality of life in the City." As discussed above, there are little economic benefits of car washes, they occupy prime commercial property and provide few employment opportunities within the City. Accordingly, approving the Russell Fischer Car Wash Project is completely contrary to Policy 2.5, as well as 2.6, which is to encourage employment opportunities, and Policy 2.9 — to support developments with safe and attractive business environments, since the Russell Fischer Car Wash Project has adverse environmental impacts, including traffic and noise, which are discussed in the following section. 2. The Car Wash Project Will Have Significant Impacts on Traffic and Noise. a) The Car Wash Proiect's Revised Traffic Study is Incomplete and Outdated; Current/Complete Data Indicates Significant Impacts on Traffic. In order for the Russell Fischer Car Wash Project to be categorically exempt from CEQA review as an infill development project, the Car Wash Project must not result in any significant effects relating to traffic, noise, air quality, or water quality. Robert I{ahn, P.E. of RIK- Engineering Group, Inc., prepared a peer review of the Russell Fischer Car Wash Project revised Traffic Study, dated May 17, 2019, prepared by Linscott, Law & Greenspan. Attached as Exhibit D is RK Engineering's Peer Review (the "Peer Review"). In light of the Planning Commission's inadequate notice for the hearing on the Russell Fischer Car Wash Project (discussed below), the Conklin were unable to obtain an expert to conduct this analysis before that hearing. At the September 9te hearing, the Conklins requested the Commission to continue the hearing on the Russell Fischer Car Wash Project to afford them and other affected parties adequate time to protect their interests. The Commission did not continue the hearing. In short, RK Engineering ("RKE") finds the Russell Fischer Car Wash Project failed to evaluate critical data, which if included would likely have shown a significant impact on traffic. First, the revised traffic study for the Russell Fischer Car Wash Project failed to evaluate weekend traffic and trip generation data. RK Engineering found that the traffic study only reviewed weekday (7-9 am and 4-6 pm) traffic conditions. Express car washes, like the proposed Russell Fischer car wash, actually have peak traffic generation on Saturdays at approximately 1:00 pm or 2:00 pm. Also, the commercial area around the site would have significant traffic conditions on a Saturday. Omitting weekend data from the traffic analysis has a significant effect on the findings set forth in the revised traffic study. (See Exhibit D, pp. 3-5.) RKE has recently collected substantial trip generation data for other express car washes located in Santa Ana. That trip generation data is included as Table 4-1 to the Peer Review (see Exhibit D). Significantly, the Saturday trip generation for each of the car washes analyzed is 50% higher on Saturdays than during the weekday conditions. Like these express car washes, the Russell Fischer car wash will similarly have weekend trip generations that are 50% higher than weekday conditions, and the revised traffic study omits this data entirely — this is a serious omission that appears throughout the study. In addition, it is possible that the Russell Fischer Car Wash Project could have even higher than 13 75A-23 average trip counts because it is permitted to have freeway signage identifying/advertising its location and use. No other car wash in Santa Ana is known to have such signage. RKE found that the Express Car Wash Trip Generation shown on page 3-82 and page 3-90 (Table 5-1) of the revised traffic study for the Car Wash Project should include a Saturday analysis because the proposed car wash will generate approximately 50% more trips during a Saturday than on a weekday. Likewise, for the Existing Plus Project and Future conditions analysis, a Saturday analysis needs to be evaluated, and tables 8-1 and 8-2 on pages 3-105 and 3-107, respectively, should include a Saturday analysis. Accordingly, RKE found the revised traffic study incomplete because it needs to include a Saturday traffic analysis for each of the different timeframes that are evaluated. Furthermore, the traffic study should utilize typical trip generation for an express car wash during those timeframes to fully evaluate whether the Car Wash Project will have a significant impact on traffic. Second, RKE found that a traffic safety analysis of the intersection of North Tustin Avenue at 4th Street is crucial and must be performed. (See Exhibit D, p. 5.) This particular intersection "has a significant amount of peak hour and daily traffic, and any increase in traffic generated by the proposed project could potentially increase the collision rate at this intersection." (Id.) RKE reviewed the collisions at the intersection and found "the collision rate is significantly higher than would be expected at this type of intersection." Specifically, "[t]he ten year average collision rate at this intersection is 0.37 collissions per million entering vehicles ... [and] the most recent collision rate during the past three years (2016-2018) the collision rate has increased to 0.43 collisions per million entering vehicles." (Id.) Significantly, RKE found that "any increase in traffic generated by the proposed [Russell Fischer Car Wash] [P]ooject could potentially increase the collission rate at this intersection." (Id. and Appendix B, S WITRS data for Intersection of N. Tustin Ave. and 4a' Street.) Third, the site plan for the Russell Fischer Car Wash Project that is shown on page 3-68 of the revised Traffic Study (Figure 2-2) includes a full driveway access on N. Tustin Avenue. This driveway is located approximately 240-feet from the intersection of Tustin Avenue at 4th Street. RKE found this distance to be too close for allowing the subject driveway to provide fall service access with all turning movements, since it would interfere with the northbound left turn pocket on Tustin Avenue. Accordingly, site plan modifications for the Russell Fischer Car Wash Project are necessary to include a fully operative, full service access driveway. Moreover, the revised traffic study provides no explanation on what the Car Wash Project "re-route" is for, as shown on page 3-73 and 3-74 (Figures 3- 2 and 3-3). RKE inquires what aspect of the Car Wash Project caused the re-route of traffic? Since the traffic entering and exiting the Project site is at an intersection that is already extremely congested and accident prone, this clarification is important to evaluate the impacts on traffic. On pages 3-86 and 3-87 of the revised traffic study (Figures 5-3 and 5-4), the Russel Fischer Car Wash Project volumes do not appear to match the Project net trip generation in Table 5-1, and the Trip Distributions on pages 3-84 and 3-85 (Figures 5-1 and 5-2). RKE found that it is unclear how the project only volumes were calculated, and inquired whether the traffic study included the full project trip 14 75A-24 generation minus the net trip generation for the existing uses? The method for this calculation was not included/explained in the revised traffic study, and RYE was unable to decipher it from the text of the report. RKE commented that this is significant because it "could affect all of the traffic analysis for the future conditions with the project." Accordingly, the method used to calculate the project only volumes must be clarified so its accuracy and completeness can be evaluated. Fourth, the 2019 revised traffic study is inaccurate because it does not use current data or current conditions in its analysis of the effects of the Russell Fischer Car Wash Project on traffic. RKE identified this inaccuracy several times throughout the study. For instance, the revised traffic study evaluation of near -term traffic conditions was for the year 2019. RKE found that this is not a realistic timeframe, since it is nearly the last quarter of year 2019 and the Car Wash Project has not yet been approved and would need a period for construction. Accordingly RKE found that a much later time frame should be evaluated for near -term conditions, and suggests an Opening Year of 2020 or 2021. Similarly, the near -term traffic analysis shown on page 3-91 needs to be a more realistic year than Year 2019, since Year 2019 is nearly over. The traffic counts mentioned on page 3-72 of the revised traffic study were taken in October of 2016, three years ago, even though the revised traffic study was prepared in 2019. RKE found that the revised traffic study should have been updated with more current traffic counts in 2019 to reflect existing conditions. The outdated traffic counts affect the overall analysis of whether the Russell Fischer Car Wash Project has a significant impact on traffic. Moreover, the revised traffic study for the Russell Fischer Car Wash Project tools a trip credit for the traffic from the sit-down restaurant building that used to exist on the site at 301 N. Tustin Avenue. RK Engineering found that this would only be valid if the restaurant was in full operation when the traffic counts were taken. Nonetheless, the restaurant closed and the building has been cleared from the site. Since the 2016 traffic counts used in the revised traffic study should be updated to reflect 2019 traffic conditions, this restaurant trip credit cannot be utilized. Accordingly, the trip counts used in the revised traffic study are inaccurate. Lastly, as shown on page 3-82, the traffic study used the ITE (Institute of Transportation Engineers) 9th Edition of Trip Generation rates which was published in 2012. This manual was updated in the ITE Trip generation, 10th Edition published in 2017. RK Engineering commented that the latest manual should have been used since both the original traffic study and the 2019 revised traffic study were done significantly after the new ITE Trip Generation data was available. Accordingly, on page 3- 101, Table 6-2 needs to use the more current ITE loth Edition Trip Generation for all of the cumulative projects. In light of the foregoing, the Russell Fischer Car Wash Project is not categorically exempt from CEQA review as an infill development project because the traffic study is incomplete and outdated, and thus insufficient to support the Planning Commission's determination that the Project will have no significant effects relating to traffic (CEQA § 15332(4)). The review and data provided by RKE shows 15 75A-25 that accurate and complete data could likely show that the Russell Fischer Car Wash Project will have a significant impact on traffic. b) The Commission Did Not Require a Noise Study for the Car Wash Project Prior to Approving the CUP; Data Indicates it Will Have a Significant Impact on Noise. The Commission completely failed to evaluate whether the Russell Fischer Car Wash Project will have a significant impact on noise. The only reference given to noise impacts is the unsupported statement that the Car Wash Project is "designed to minimize noise impacts." Nonetheless, the Commission added as a condition to Project approval, "to require a noise impact analysis which demonstrates compliance with the City's noise ordinance prior to certificate of occupancy and one near after the commencement of operations." (Emphasis added). The Commission unequivocally cannot find that the Russell Fischer Car Wash Project is categorically exempt as an infill development project because it "will not result in any significant effects relating to ... noise," when no noise analysis has been performed to date. The Commission's requirement of future studies on the Car Wash Project's impact on noise is evidence that the Project will likely have a substantial impact on noise, but that the actual noise impact was unknown at the time the Commission approved the CUP for the Project, and is still unknown. RK Engineering comments on the Commission's failure to conduct noise analysis before approving the Russell Fischer Car Wash Project in its Peer Review. (See Exhibit D, pp. 5-6, and Appendix A.) "No preliminary noise study was conducted for the proposed project to prove that it is feasible from a noise impact standpoint. Although the project has been conditioned to prepare a study prior to building permits, a preliminary noise study should be prepared to ensure that the project would not have a significant noise impact to the surrounding areas. Typically noise studies for Express Car Washes are required during the entitlement process, not after the project is approved. Car washes generate a significant amount of noise at both the exit and entrance to the car wash tunnel and at the vacuum stations. This has to be assessed in advance of approval of the project to determine if any mitigation measures need to be implemented and if they are feasible." (Exhibit D, p. 5). RKE further explains that the tunnel for the Russell Fischer Car Wash Project is located at the very south end of 301 N. Tustin Avenue, directly adjacent to an existing office building (171 N. Tustin Ave.) that includes medical uses (i.e. dentist office) and a massage business. RKE notes that these are "noise sensitive land uses and high noise levels can be very disturbing to the medical uses." (Id.) RKE has previously collected noise data from express car washes like the Russell Fischer Car Wash Project, that are also located in Santa Ana. In the Peer Review, RKE states that it has measured 1< 75A-26 noise levels that approach 95 dBA at the opening of a car wash tunnel and over 90 dBA at the vacuum stations, which "[] is a significant amount of noise." (Id.) Attached to the Peer Review are RKE's measurements at a comparable car wash facility. (Id., Appendix A.) RKE concludes that a noise assessment is needed before the Russell Fischer Car Wash Project can be approved to determine the impacts to the adjacent sensitive uses and whether it is feasible to mitigate the noise generated from the Project. (Id. at pp. 5-6.) Vibrations are also serious environmental impacts that were not evaluated for the Russell Fischer Car Wash Project prior to the Commission's approval. Pursuant to their review of the Car Wash Project site plan, RKE found that there is very little space between the car wash tunnel and the adjacent medical building at 171 N. Tustin Ave. Therefore, RKE finds that a vibration impact assessment needs to be determined before the Russell Fischer Car Wash Project is approved. (Id. at p. 6.) Finally, no construction noise impact was included in the Commission's August 9, 2019 staff report, which recommended approval of the Russell Fischer Car Wash Project. As a result of the proximity of the proposed site to the adjoining buildings, RYE firrther found that "a CEQA assessment of the potential noise and vibration impacts and mitigation measures needs to be determined before any approval is given for the construction on the site." (Id.) RKE emphasizes that this too "is a typical requirement for any construction project located in close proximity to other sensitive land uses," and yet the Commission did not require it for the Car Wash Project. (Id.) Failure to meet any one of the five conditions required for the infill development project exemption to CEQA makes this categorical exemption inapplicable and the project subject to CEQA review. Contrary to the Commission's determination of exemption, the Russell Fischer Car Wash Project fails to meet two of the requisite conditions — consistency with the General Plan and no significant impacts relating to traffic, noise, air quality and water quality. Accordingly, the Council should determine the Russell Fischer Car Wash Project is not categorically exempt from CEQA as an infill development project, and in turn require necessary environmental review. B. The Car Wash Project Is Not a Categorically Exempt Infill Development Project Because the Significant Effects Exception to this Exemption Applies. Infill development projects that meet the five required conditions set forth in 14 Cal. Code Rags. Section 15332 are categorically exempt from CEQA review because such projects are within "... a class of projects that the Resources Agency determines will generally not have a significant effect on the environment." (Communities,for a Better Environment, supra, 103 Cal.App.4th at p. 127.) The Court of Appeal in Azusa Land Reclamation Co. v. Main San Gabriel Basin Watermaster (1997) 52 Ca1.App.4th 1165, similarly explained "a categorical exemption identifies `a class of activities that does not normally threaten the environment'." (Id. at p. 1206.) 17 75A-27 That said, the CEQA guidelines anticipate the over-inclusivity of categorical exemptions, such as the infill development exemption claimed by the Commission to apply to the Russell Fischer Car Wash Project, but interestingly, not to the 2018 Russell Fischer Retail/Restaurant Project proposed for the same site. The guidelines address the problem of "over-inclusivity" in categorical exemptions by establishing a list of exceptions to the exemptions. The City adopted Local Guidelines for Implementing CEQA ("Local Guidelines") in 2019. These exceptions to the categorical exemptions are reflected in section 3.22 of the Local Guidelines (See Resolution No. 2019-050). The Local Guidelines state: "All classes of categorical exemptions are qualified. None of the categorical exemptions are applicable if any of the following circumstances exist: (1) The cumulative impact of successive projects of the same type in the same place over time is significant; (2) there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances." Even if the Russell Fischer Car Wash Project met the five conditions for the infill categorical exemption, two exceptions to that exemption apply: (1) the cumulative impacts exception (14 CCR § 15300.2(b)), and (2) the unusual circumstances exception (14 CCR § 15300.2(c).) These exceptions are address in tarn below. Even if the Car Wash Project was categorically exempt, the exception from that exemption applies because the Commission failed to consider the cumulative impact of approving numerous car washes all within close proximity — roughly a 2-mile radius. (See Exhibit A.) For instance, the City just recently approved Rocket Express Car Wash at 1703 East 17`h Street. The City is considering approval of the Russell Fischer Car Wash Project at 301 and 325 N. Tustin Avenue. Two additional applications for new car wash developments have been submitted to the City including one at Grand Avenue between 17`h Street and Fairhaven Avenue, and another at N. Tustin Avenue and Santa Clara Avenue. (See East Peninsula Educ. Council, Inc. v. Palos Verdes Peninsula Unified Sch. Dist. (1989) 210 Cal.App.3d 155 [The district failed to evaluate the cumulative impact of additional school closures when determining the school closure at issue was categorically exempt from CEQA. The court set aside the approvals and required the district to evaluate the cumulative impacts in determining whether the physical changes were categorically exempt].) The Russell Fischer Car Wash Project, even if it meets the general requirements for the infill development exemption, is nonetheless subject to CEQA review because the unusual circumstances exception to categorical exemptions applies. This exception was confirmed in Friends of Mammoth v. Board of Supervisors (1972) 8 Cal.3d 247 (Friends of Mammoth). There, the Supreme Court explained that the majority of private projects for which a government permit or similar entitlement is necessary are minor in scope and thus have little or no effect on the public environment, but when they do have a significant effect on the environment, such effects will be due to unusual circumstances. (Id. at p. 272.) 18 75A-28 Like the Russell Fischer Car Wash Project, Communities for a Better Environment, supra, 103 Cal.AppAth 98, concerned the in -fill development exemption under section 15332. In explaining that environmental effects not mentioned in section 15332, such as aesthetics or health and safety impacts, must be considered in determining the exemption's applicability, the court said: "These other environmental effects ... would constitute `unusual circumstances' Linder this exception for a project that otherwise meets the Guidelines section 15332 criteria. This is because a project that does meet the comprehensive environmentally protective criteria of section 15332 normally would not have other significant environmental effects; if there was a reasonable possibility that the project would have such effects, those effects would be'unusual circumstances' covered by the section 15300.2, subdivision (c) exception." (Id. at p. 129.) Such would be the case here, even if the Russell Fischer Car Wash Project met the general requirements for the infill development exemption, because there is a reasonable possibility that the car wash will have a significant effect on the environment due to the substantial vibrations the car wash will cause to nearby properties. This impact is discussed in the RKE Peer Review. (See Exhibit D). The Car Wash Project will also release chemicals into the air and water. Therefore, the "unusual circumstances" exception to the categorical exemption applies. C. Russell Fischer's Original 2018 Retail/Restaurant Project for the Same Site Required an MND and a Mitigation and Monitoring Program. The Commission determined that the 2018 Retail/Restaurant Project originally proposed and approved for the same site as the Car Wash Project (301 & 325 N. Tustin Avenue) required a mitigated negative declaration ("MND") under CEQA, including technical studies for traffic, air quality and greenhouse gas emissions analysis. The 2018 Retail Project was found to require the implementation of mitigation measures for cultural resources, hazards, and tribal and cultural resources that would be implemented through a Mitigation Monitoring and Reporting Program (the "2018 Mitigation Program"). The MND found potential cultural resources impacts during construction, and the possibility of previously unidentified archaeological, paleontological or geologic deposits, for which an expert must be afforded the opportunity to analyze in accordance with CEQA. Attached as Exhibit E is a letter dated June 12, 2018 from the Gabrieleno Band of Mission Indians-Kizhnation, to the City Planning & Building Agency re the impact of the Project on tribal cultural resources. These potential impacts are equally possible for the Car Wash Project. As discussed above, the 2018 Retail Project and the revised 2019 Project are largely similar. Thus, it is unclear how the Commission and City determined the 2018 Retail Project subject to CEQA review, prepared an MND, and required a Mitigation Program, and found that the 2019 revised Project would not have this same potential, and thus similarly require CEQA review. 19 75A-29 III. THE COMMISSION ERRED IN GRANTING THE VARIANCE AMENDMENT BECAUSE ITS DECISION WAS NOT SUPPORTED BY SUBSTANTIAL EVIDENCE AND IT CONSTITUTES AN IMPERMISSIBLE SPECIAL PRIVILEGE. The Council should deny, as part of the Russell Fischer Car Wash Project, the Amendment to Variance No. 2018-10, because it constitutes an impermissible grant of special privileges to the Project applicant, Russell Fischer that are intended to allow him to build a massive car wash and optimize its "operational efficiency" and afford Russell Fischer "the highest possible return" on its investment. Russell Fischer's 2018 retail/drive-thru restaurant project, which was approved by the Commission for development at the same properties (301 and 325 N. Tustin Avenue) included Variance No. 2018-10 to reduce the setback requirements only for 325 N. Tustin Avenue. Russell Fischer did not apply for a variance for development of 301 N. Tustin Avenue as the originally proposed retail center with drive-thru restaurant. Attached hereto as Exhibit F are the relevant pages from the September 24, 2018 Planning Commission Staff Report for the 2018 Retail/Restaurant Project. Per the Commission's Staff Report for the September 9, 2019 hearing on the Russell Fischer Car Wash Project, the applicant sought Amendment to Variance No. 2018-10, "to also include 301 North Tustin Avenue." Attached as Exhibit G are the relevant pages of the September 9, 2019 Planning Commission Staff Report for the Russell Fischer Car Wash Project. The Applicant's "justification" for seeking this Variance Amendment to reduce the 15-foot setback and 2-foot dedication required along Tustin Avenue on 301 N. Tustin Avenue, where the car wash will be developed, is clearly stated in the Variance Application Russell Fischer submitted to the Planning Department: "The city has directed the applicant to locate the carwash tunnel against the southern property line so as to improve street access and internal circulation based on the city's evaluation; in doing this, keeping the 15' setback requirement in addition to the 2' dedication being granted to the city would reduce the carwash tunnel length to an unacceptable length in terms of its operational efficiency." Attached as Exhibit II is Russell Fischer's Variance Application for the Car Wash Project at 301 N. Tustin Avenue. Russell Fischer further explains why the Variance Amendment, which will reduce the required setbacks and dedications on 301 N. Tustin Avenue, is necessary for the Car Wash Project: "If the landscape reduction is not approved, the applicant would be denied the opportunity to develop his property to create a carwash facility that is designed to operate 20 75A-30 at the highest efficiency, and with the highest possible return on the considerable investment required to develop a state -of -the art express carwash." SAMC Section 41-638 provides that the Council and Planning Commission may grant variances from provisions of the Municipal Code when it appears that all of the following have been established: (i) That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter; (ii) That the granting of a variance or minor exception is necessary for the preservation and enjoyment of one (1) or more substantial property rights; (iii) That the granting of a variance or minor exception will not be materially detrimental to the public welfare or injurious to surrounding property; (iv) That the granting of a variance or minor exception will not adversely affect the general plan of the city. The City has interpreted SAMC Sectin 41-638 to have the same meaning as Government Code Section 65906 as interpreted by our Supreme Court in Topanga: "The zone variance procedure is intended to provide relief from zoning ordinance regulations that result in unintended inequities or hardships when applied to specific properties and must not be a grant of special privilege." (See Exhibit H, § III.) "[T]he critical issue [is] whether a variance was necessary to bring the original real party in interest into substantial parody with other parties holding property interests in the zone." (Topanga Assoc. v. County of Los Angeles, supra, 11 Cal.3d at 520.) "In the absence of comparative information about surrounding properties," the data that the Commission purported to rely on to grant the variance "lack[ed] legal significance." (Id.) The Commission may not "assume without evidentiary basis that the character of neighboring property is different from that of the land for which the variance is sought." (Id. at p. 521.) "Since there has been no affirmative showing that the subject property differs substantially and in relevant aspects from other parcels in the zone ... the variance granted amounts to the kind of `special privilege' explicitly prohibited by [SAMC Section 41-638 and] Government Code - Section 65906. (Id. atp. 522.) The Variance Amendment for the Russell Fischer Car Wash Project is only necessary for development of the massive express car wash on 301 N. Tustin Avenue and so Russell Fischer can maximize the operational efficiency of the car wash and its profit; it was not sought by the Applicant for development of the retail center and drive-thru restaurant on the same site one year ago. Moreover, 21. 75A-31 nothing in the September 9, 2019 Staff Report or in the record establishes that the Variance Amendment is necessary to put the property in parity with surrounding properties. There is no evidence of how any of the surrounding properties are different from 301 N. Tustin Avenue. As stated by Russell Fischer in their Application for the Variance Amendment, the purpose of the Variance Amendment is simply to allow them to put the mega car wash on this particular lot so that they can maximize their profits. This has nothing to do with special circumstances applicable to the property and everything to do with granting Russell Fischer a special privilege that is prohibited by the Municipal Code. IV. THE COMMISSION'S NOTICE OF THE HEARING ON THE PROJECT WAS INSUFFICIENT TO AFFORD AFFECTED PERSONS A FAIR OPPORTUNITY TO RESPOND AND VIOLATED THE CONKLINS' RIGHT TO DUE PROCESS. The Commission did not provide notice of this Project until August 30, 2019 — only 10 days before the subject Planning Commission hearing on the Project (the "Notice"). The Notice, however, was mailed only to property owners and occupants within 500 feet of the project site, plus posting at the site and a newspaper publication. The Conklins, as well as most if not all other car wash owners in the City, were not within the notification radius and yet they will be directly and detrimentally affected by the Commission's proposed approval of the CUP allowing development of the new express car wash at the Project site. In fact, Ms. Conklin only indirectly obtained the Notice because although she had inquired to the City about this particular Project on several occasions, she was not included in the notification list. It is believed that most if not all other car wash owners, as well as numerous other affected individuals and businesses, within the City had no knowledge of the hearing before the Commission or its decision. In this case, due process protections required the Commission to provide sufficient notice that was "reasonably calculated to afford affected persons the realistic opportunity to protect their interests." (Horn v. County of Ventura, (1979) 24 Cal.3d, 605, 617.) Ten days was an insufficient amount of time for the Conklins or other affected persons to adequately prepare by way of document review, research, experts and research into the proposed Project, which completely changed from the retail and restaurant development approved by the City in November 2018,.to a supersized express car wash, that will directly and detrimentally impact Speedie Wash. The Conklins were unable to obtain documents from the City, hire experts, conduct research, and even meet with other affected business owners before this meeting. Moreover, in or about the end of June, Ms. Conklin heard a rumor in the car wash community that Russell Fisher LP was proposing to build a new, supersized express car wash on his Property. At that time, Ms. Conklin contacted the City to inquire if that was the case because the Project documents available on the City website reflected the 2018 Retail/Restaurant Project. The City informed Ms. Conklin that only the 2018 Retail/Restaurant Project was before the City. 22 75A-32 Contrary to the City's representation at that time, the City received the revised plans for the Car Wash Project on April 26, 2019, received payment from Russell Fischer for review of the Car Wash Project on April 26, 2019, and the City's Planning Department submitted a "Discretionary Action New Submittal" memo to various City departments on May 1, 2019 regarding the newly revised Car Wash Project. A true and correct copy of documents from the Planning Department's file showing these dates is attached hereto as Exhibit I. The City also received a "Revised Focused Traffic Impact Analysis Report" from the Applicant, dated May 17, 2019, for the Car Wash Project. In other words, unbeknownst to the Conklins and the public generally until 10 days before the Commission's September 9ts hearing, the previously approved 2018 Retail/Restaurant Project had been completely revised from a service station, convenience store and multi -tenant commercial building, to a service station, convenience store, and an express car wash with a 4,354-square foot tunnel and 20 vacuum bays. Despite Ms. Conklin's direct inquiry, the City did not apprise her of the fact that the proposed Project was being revised to include a massive new car wash, rather than a multi -tenant commercial building and restaurant, and demolishing the existing small car wash, even though the revised project had been in the works at the City for more months. (See Exhibit L) In light of the fact that the Notice radius did not include the Conklin or most other car wash owners within the City (possibly none were included), the substantial revisions to the Project from the retail building and drive-thru restaurant approved in 2018, the Conklins' inquiries to the City regarding rumored revisions to the Project, and the direct impact of the Project on the Conklins, the 10-day notice afforded by the Commission was unreasonable and inadequate because it was not "reasonably calculated to afford affected persons the realistic opportunity to protect their interests." (Horn, supra, 24 Cal.3d at 617.) V. THE 2018 RETAIL PROJECT WAS A PRETEXT FOR THE CURRENT PROJECT EXPANSION. In 2018, Richard Finkel, representing the Project Applicant, Russell Fischer LP, requested approval of a general plan amendment to re -designate 301 North Tustin Avenue from Professional & Administrative Office (PAO) to General Commercial (GC), an amendment application to rezone 301 and 325 North Tustin Avenue from Professional to General Commercial (C2), a conditional use permit to allow an eating establishment with drive -through service at 301 North Tustin Avenue, and certain variances (collectively, the "2018 Retail Project"). In order to develop the 2018 Retail Project, the Applicant proposed to demolish the then existing restaurant, service station, car wash, and convenience store buildings and to construct a new service station, convenience store, and multi -tenant commercial building on both properties. This was the proposal that Russell Fischer published and proposed to the community in 2016, and for which a Sunshine Ordinance Community Meeting was held on December 3, 2016 23 75A-33 Particularly noteworthy is that the commercial building would be constricted on 301 N. Tustin Avenue, and include a "1,258 square foot eating establishment with drive -through service." The drive through lane was designed to "wrap around the entire building, with the entrance at the south end of the building traveling up and around the east elevation." The Drive through lane met the City's stacking requirements and allowed for approximately 15 cars to queue. (See Exhibit F.) Similarly, the massive express car wash for the 2019 revised Project approved by the Commission, was also situated on 301 N. Tustin Avenue. The car wash tunnel is located adjacent to the southern property line, just like the drive -through for the 2018 Retail Project, and follows along the east side of the property to exit. The stacking lane for the car wash also allows for approximately 15 cars to queue. Attached hereto as Exhibit J are the site plans for the 2018 Retail Project and the 2019 Car Wash Project. These plans illustrate the dramatic similarity between the drive-thru restaurant and the large express car wash. This is brought to the Council's attention because it is believed that the Applicant initially proposed the project plan with the drive-thru restaurant to manipulate the Commission and ultimately the City into granting the general plan amendment that re -designated the 301 N. Tustin Avenue to General Commercial, and to rezone 301 and 325 N. Tustin Avenue from Professional to General Commercial (C2). This amendment and the zone change were necessary because in order to approve the CUP for the 2018 Retail Project for the drive -through restaurant, the General Plan Land Use designation and the zoning designation had to be consistent. It is believed that the Applicant always intended to develop the express car wash proposed in the 2019 revised Car Wash Plan, and only submitted the original 2018 Retail Project plans because the Applicant anticipated less opposition (or no opposition) to a retail building and a drive-thru restaurant than a supersized express car wash. In fact, it is noted in the Commission's staff report for the Project that "the property owner has revised the project to include a car wash component instead of a retail development. The current property owner has been in the car wash industry for over 30 years and operates six locations in Orange County." (Staff Report, p. 3-4.) Unlike the property owner/Applicant, Chace Russell/Russell Fischer LP, the Conklin's only own Speedie Wash, and thus do not have other successful car washes to help absorb any future losses it may suffer. Moreover, Richard Finkel, the individual representing the property owner and Applicant Chace Russell/Russell Fischer LP, is a member of the Irvine Advisory Group committee ("IAG"). The Irvine Advisory Group is a consultancy headed by Paul Dadgar that has specialized in all facets of the carwash industry for over 25 years. The listed services of the IAG are to "provide[] assistance and independent analysis to operators currently in the carwash industry, developers, US and International investors.,." Attached hereto as Exhibit K is bio information on Richard Finkel and the IAG. 24 75A-34 In light of the substantially similar site plans for the 2018 Retail Project and 2019 revised Car Wash Project, and the background of the property owner/Applicant and his representation in obtaining Project approvals, it is suspect that the 2018 Retail Project proposed demolishing the existing small car wash and developing a retail building and drive-thru restaurant. The Conklins encourage the Council and the City to investigate this suspect approach to obtaining necessary Project approvals. VI. THE COUNCIL SHOULD CONSIDER A MORATORIUM ON CAR WASHES In 2018, the City of Escondido found that car wash business owners and operators have experienced steady growth from approximately 2012 to 2018, as the economy began to recover and car ownership increased. At the same time, lower gas prices translated to a greater amount of personal car use, which had a cumulative positive impact on car service -based businesses. Car demand, however, is expected to slow and has begun to in areas. Thus, oversaturation of car washes in Santa Ana is of particular concern, as it was in the City of Escondido. In fact, Escondido adopted a moratorium on car washes and ultimately stricter regulations to protect their city. Attached as Exhibit L are documents from the City of Escondido pertaining to their car wash moratorium. The oversaturation of car wash uses in Escondido was particularly concerning for the following reasons: (1) car washes generate little sales tax revenue for the City; (2) car washes employ few employees and thus utilize prime commercial properties without providing employment opportunities within the City; (3) wages paid to car wash employees do not raise the median income within the city; and (4) car washes are aesthetically unappealing and the sites are difficult to redevelop. Santa Ana is quickly becoming the car wash capital of Southern California. For these reasons, it is strongly urged that Santa Ana consider a moratorium on car washes to protect the City's economic stability and future economic development. VII. CONCLUSION In light of the extensive facts, evidence and law discussed above, the Conklins request the Council to reverse the decision of the Commission and to deny Russell Fischer's application for CUP No 2019-30 and the Variance Amendment to allow the development of a massive car wash at the — Property. It is also requested that the Council reverse the decision of the Commission and find that the Car Was Project is not categorically exempt and that CEQA environmental review is required. In addition, the Council should reverse the Commission's approvals because the notice provided for the Commission's hearing was inadequate and violated the Conklin's right to due process. Finally, the Council is urged to impose a moratorium on additional carwashes in the City and to investigate the suspect nature by which the Applicant obtained the General Plan Amendment and zone change discussed above. 25 75A-35 On behalf of the Conklins, thank you for your time and thoughtful consideration of their Appeal from the Commission's approval of the Russell Fischer Car Wash Project. Submitted By: ( tJ A 0 Q/lAJ\_— WillianYC'onklin, Owner of Speedie Clean Express Car Wash Sincerely, I Kara E. Grant Attorney at Law Ka6a Rangel Conklin, Owner Speedie Clean Express Car Wash 26 75A-36 EXHIBIT A 75A-37 C C4 • in N M N Ci v'i N -' O — Vi Vi ry r•i r� aCi y w+ A v u 7 v C N N '•C vi N N W V1 0, vl W 0 vi [V <^. [ti C+ vi `n M kn A C ti a � .� �� ��In y A ,. �" L C!J N a 0 a% r d .� y� a w o y r t- N a rs W �,OaryF N �u,C7Ca� F.FW�rZ2r rA z N N n v1 O VS N Fr.7 1 t1, O O O 00 m a)ry N 4y n •f. y cp U 4. J i. 3 N tJ U ,O p r W. ICI x u a� W kW a CAq H CU xav my a q�' W y C7 cys n 7 4 Vj c4 � � VS J7 G V1 F cv r n o n W er. -• ry M y r n ao a 75A-38 N D,. r. m D`. N �_ v v �•� � � o o M FA u ,...r. A G CL7 G w o W enU N n M M M~ O W U U •b rm Q N ti m vj � vi G G c] 'd U u � Q YJ 7D F.•F e D ti N J C v -0 NU' U G C.: '""' �+ R•,Yy N C L) .] Q O G 3 _ © NJ o rx :0 O 1�4 T�-qnrrj N "D [V [`- N �C1 N D+ c<I C M .• [*1 NM t•7 1*1 r t�l M Spa f'� M 75A-39 IPMisI11010 Iglu 75A-40 a T O m+, Wi4.SH WORKS" H :l If mf 14 il IlliT ' ROAD -MAP TO SUCCESS MORE IPMWERTM Demographics Zoning............................. ........._.... Property Size Available Space Visibility & Exposure ...... ...••.•••.•..• +� Traffic Count ............... Traffic Speed Traffic Patterns .... Ingress & Egress (Entrance & Exit) The Community Nearby Detail Competition..... ffiSpace for Diversification mCost of Property or Lease Reports - Entitlements, Permits Utility & Sewer ................_ _........ _. Local Sign Ordinances Off -site Improvements Environmental Status of Site Final Evaluation of Site • . ........ -- ....-..•.................... Awk aw 4 Cvpynghr 1016 Grsndvl NW14. Fri nnMd WPM PlIM4%WkP1 from PMjrMkww CW'w#0Ap i 9eroftMp' M.+ga11 nr 75A-42 f ! 1 1 r f TT. . iLT1L 717 .�_ t_51L Il_vl . aToW, ZONING What is the current toning? Is It presently eommerclal, or will re -zoning be required? It is difficult, time-consuming and expensive to get a property re -zoned from residential to commercial. Usually, the city or county will not consider re -zoning a properly for the use of a carwash. PROPERTY SIZE The property size is extremely important- You want to determine the acreage and actual dimensions The Ideal site for a tunnel car -wash is approximately one acre. Additionally, d minimum of 225 feel will be required irr one direction to allow for at least a I25•foot conveyor. The hest situation places the largest side of the prop- erty oriented along the road for maximum visibility to passing traffic. AVAILABLE SPACE If the plan is to build an express exterior model, you need sufficient room for vacuum pads, queuing lanes and turning radius's. If you want to build a Flex -service, room is required for the post vacuum and finishing area(s).. Duilding on less than an acre is certainly possible: how- ever, everything will be reduced in size, and It becomes more difficult to perform at a high volume The pro- posed length of the tunnel Is also important because the longer the tunnel and conveyor, the faster you can run your line speed and process more cars per hour. In express exterior washes, you need space account for proper space in the drying area to ensure a dry car In addition, it has been determined in Express Exteriors that the more vacuum pads, the better the operation. 1211111111, C {opyarghl M16 Grandview h7 ed 12. xrpr rated wnh permn%ro rrum Proressranar Carwa rhinq 6 oAt*&np• V m � r,ne 75A-43 VisibiUSy and expasum mwe cr bicaL.. if yourreourr of s`ft.A you're curt of HIMH! VISIBILITY Visibility and exposure are critical. It it's out of sight, it's out of mind. You may not want to build behind a service station or another type of business. For example, you do not see a McDonald's or a major gas station out of view. Ideally. locate the building out in front and build it parallel to the main street. If dimensions require the tunnel to be built perpendicu- lar to the street, try to get the building (entrance or exit} close to the street for visibility - TRAFFIC COUNTS Traffic counts are something investors and developers may put a lot of emphasis on. Even though we would father have higher traffic counts than lower traffic counts, this variable is not nearly as vital as demograph- ics. Keep in mind traffic is coming and going — usually heading to work or returning home — and many drivers do not want to get off of the highway to get their cars washed. We have seen car washes with extremely high traffic counts not performing the required volume because they did not have the population- On the other hand, we have also witnessed lower traffic counts with sufficient population performing high -volume counts - Sometimes, real estate brokers and parties selling their products/services will put importance only on high traf- fic counts and do not have the experience or know how to advise if a property should really be considered. TRAFFIC SPEED Traffic speed is important. For Instance, if the traffic is going 50 mrles per hour or more, drivers are usually going too fast to view the facility or to ever) want to turn in. It is also difficult for vehicles to exit the property into fast-moving traffic. Try to shoot for speed limits less than 45 MPH - THE COMMUNITY - TRAFFIC PATTERNS Adjacent surroundings and communities are also note- worthy considerations. You should drive around and observe the businesses, shopping centers, strip malls, office buildings and residential areas. Bear in mind if the property is in an industrial area, you may only be privileged to the existing traffic on week - clays. On weekends, when you project your highest vol. ume, streets could be bare and empty of any vehicles. When driving around the residential areas, you want to view the housing, apartments versus homes, and the types of vehicles parked on the streets. Is the neighbor- hood deteriorating? Are vehicles so dirty you cannot clearly see their color? Will the neighborhood be willing and able to patronize a car wash regardless of price? TRADE BARRIERS Within a 3 mile radius, there may be traffic patterns or "trade barriers" that divide a proposed location and the competition, even though the locations are geographi- cally close to each other. Typical trade barriers may be divided highways, one way roads, rivers, neighborhoods, traffic patterns that favor one shopping, center over another. ENTRANCE AND EXIT POINTS The ingress/egress, which Is the entrance/ exit for the property, has to contribute to producing high volume. Is there a center median where vehicles have to go to the next Intersection and make a U-turn? This will reduce the amount of customers who will consider patronizing your business. Is the property on a service road where the vehicle has to leave the main street to enter a service road and then repeat the process getting back on the main street? All of this should be taken into consideration in analyzing the ingress/egress. You want It to be as easy as possible to get on and off your site. NEARBY RETAIL AREA Business breeds business. If you are near other retail businesses, then there are additional draws to the area. Try to find an area that has fast food and retail shopping. For example, a successful strategy has been to harness the destination draw from Big Box retail stores and lo- cate a car wash on one of their out -lots. NEARBY COMPETITION Competing car washes in a three mile radius must be seriously considered as threat or deterrent to your proposed site. visit all of the local washes that are not service stations or self serve washes in your 3 mile radi- us and assess them as a competitor. If your plan is to build an express exterior wash, can existing full -serves have the possibility of converting to an express or flex -serve? Are there already express loca- dons within the marketing area? AMIL o [ppynght 2at6 ci.)adV,ew Mem3, Rrannitd wR11 permiswin from Frafmilomai UarwLrAkV i Vemof * Marge in 75A-44 NEARBY COMPETITION-conrfnued Remember, whatever the population is in a three-mile radius, divide that into how many tunnel washes, including your potential site, that are in the area. For instance, it the population is 30.000 and you will be the third tunnel wash in the area, that reduces the population to approximately 10,000 for each location. In our opinion, there is too much competi- tion for the population in this example. SPACE FOR DIVERSIFICATION Is there space for diversified or additional services or sales? A drive-thru fast food restaurant or a quick coffee shop could be compatible with an express exterior model. COST OF PROPERTY OR LEASE The cost of property or proposed ground rental on a lease agreement certainly has to be taken into consideration regard- ing your total investment cost or the monthly expense of your operation. In the article "Site planning; Adding to the carwash experience," featured in a past issue of Professional Carwashing & Oetailing, an expert interviewed for the article noted that sitEs selection Is no time to penny -pinch, adding, "Never be cheap when choosing a property-" He could not be more accuratel If the site is right and projections show it could gen- erate high volume, it is worth paying an additional amount to obtain the property or to agree to a higher monthly lease rate simp$V because there is no substitute in obtaining a great site. Whatever amount you have to pay for the desired property will be amortized over many years of operating. Inthe scheme of things, it will only require a minimum amount of increased vaiume to offset a high cost for the property or additional lease rate. REPORTS AND REVIEWS You certainly want to check with the city or county planning department to determine the required entitlements, per- mits, setbacks, landscaping requirements, etc. You also want to review a preliminary title report to determine recorded underground easements, existing property liens or encumbrances. You or your architect do not want to be surprised to discover underground easements where you are planning your im- provements. Typically, it is difficult to get utility companies to agree to rerouting existing easements. It is also extremehr expensive to do so even with their permission. Utility and sewer locations have to be determined because bringing these lines into the proposed site could be expensive. Your Architect will need a site survey and a topographical survey in order to review your site. Legal boundaries and grades need be reviewed — are the grades too high or too Icw7 If you have to remove or bring in dirt, it adds to the cost of your development. OFF -SITE IMPROVEMENTS The same is true for off -site improvements. If there are no sidewalks, curbs, gutters or area lighting, this cost could easily run into the hundreds of thousands of extra dollars. UTILITY AND SEWER - FEES AND LOCATIONS Understanding the location of incoming utilities is a must. They could determine your specific site layout as well as add unexpected costs to the project. Water and sewer tap fees can have a wide range, from 510,000 to upwards of $150,000 or more. LOCAL SIGN ORDINANCES Are you planning on having a programmable LE.I). sign at She street You better check the local ordinance with city council, because many municipalities do not allow L.E.D. street signs. What size sign are you allowed to have? How high can It be? All are questions you will need to ask and understand moving forward. ENVIRONMENTAL TESTING AND FEASIBILITY Your proposed site needs to be tested. It needs to be investigated and tested to ensure that there is no environmental contamination, such as buried fuel oil tanks, or gasoline leaks. If it is contaminated, hnd out how much will it cost to clean up and re -mediate the site, Also, a geological report will analyze the soil on the property so the architect and en- gineer can properly design the building's foundation and determine drainage requirements. Hire local engineering firms who specializing in environmental testing to obtain this Information You need to uncover these potential hidden costs. d CwY'$VIt 1016 Grandnew Media, Reprinted w4hh permission From Projessionoi cama3hinq & ✓1ernFr0np" Mar•N •'� 75A-45 Finally, you must analyze the site, is the property and location viable far an express exterior, full -service or flex -service? Is there a real need far this type of business in your desired location and community? Most importantly, should you proceed or pass and keep searching? And, what should you expect if you do go ahead and commit yourself to the cost of the property ond building the facility? At this point, you would want to prepare a projection statement with what you believe would be reasonable volume, gross income and expenses. We have a far Wash Preforma profit and toss Statement & ROl Statement document, based on industry averages, along with site specific analysis as proposed, that we can supply for you in order to help you with your decision. We have witnessed many successful car wash protects, and, we have seen a few mistokes with building tunnel car washes. Some have been minor errors. Others were major errors. Make sure you perform due diligence in the site seler. don process to ensure that your new business will have the highest potential to be Successful. If the location measures up, and if built and operated properly, a carwash can be incredibly lurrativel Need heV ? Mu wr Clby Is here fcw fflm r Site Selection With our tears of industry veterans, we can assist you in selecting the perfect "A" site location so thdl you can maximize your potential. Business Model Clarification Full Servico? slex? rxpress2 No Worries, we can help you in defining the hest business model for your needs Revenue Generating Not every wash is the same We can guide you to what revenue generating options you need to maximize your revenue per car 75A-46 YES NO ski lqeo DEMOGRAPHICS ❑ ❑ ZONING ❑ ❑ PROPERTY S12E ❑ ❑ AVAILABLE SPACE ® ❑ SVISIBILITY & EXPOSURE i__I ❑ THE COMMUNITY ❑ El NEARBY RETAIL ❑ ❑ TRAFFIC COUNT ❑ ❑ i r COMPETITION ❑ DIVERSIFICATION ❑ ❑ PROPERTY/LEASE COST ❑ ❑ REPORTS ❑ ❑ UTILITY&SEWER ❑ ❑ LOCAL SIGN ORDINANCES _J ❑ OFF -SITE IMPROVEMENTS ❑ ❑ ENVIRONMENTAL ❑ ❑ FINAL EVALUATION ❑ ❑ NOTES 75A-47 f OTI=vo w.asfWORKS ` MARE WASH POWERTM Motor City Wash Works, Inc. 48285 Frank Street Wixom, Michigan 48393 USA t 866-362-6377 6248,313.0271 ® sales@motorcitywashworks.corn Q motorcitywashworkc ram CaWVw•A01fY C,"W Wa Y MF,y %�� wM v MAWv W d" w^w.n+ae.a MAY 17 2019/TIPS RESPECTING THE 3-MILE RULE WHEN STARTING A CAR WASH 75A-49 Respecting Car Wash the 3-Mile Rule When Starting a Car wash owners are a unique breed of individuals. Anyone who enters the industry thinking that owning a car wash will be a passive source of income quickly learns that it takes grit to build and run a successful car wash. Even if you have a supportive staff of management, you may still work and ove rwork you rself to stay above water. But, like the mud, grit and grime that it's your business to wash away, your hard work can seemingly drip down the drain if a new competitor comes into town. Car Wash Capture Is All About Location Unlike some other local businesses that merely require a warm body with cash in hand who is interested in your product or service, the car wash industry is very much dependent on vehicle access. Without a dirty car driving up to your location, you have no business. 75A-50 This means that a successful car wash will probably be wherever the cars are. More cars equal more business. With only so many main roads in a given city that have the highest level of traffic„ competition can be fierce with other car wash owners. The scarcity of ideal spots for a successful car wash .(ttps;//www.carwash.com/site-selection-critical-in-building carwash/)_ may mean you'll find yourself sizing up a rival from across a dusty landscape while you lean against the doorpost of a local saloon. You maintain a steady gaze and stance while you spit out a toothpick with a quivering finger on your six-shooter and a gravelly voice hardened by the merciless desert into a low growl. "This The Problem with Building Too Close to Competition M It may be a hard, cruel world of cutthroat business tactics to get an edge in your market but sometimes the free market rewards a little karma to the greediest among us. According to Anthony Analetto, building too close to a competing car wash is one such Instance. In his 10 Mistakes People Make When They Start a Car Wash Business _(b_ ps /&v so nnysdirect.com/3D_mistakes_p ople_make_when s #2 on his fist is stealing another car wash owner's business. 75A-51 The problem with this is that the land that a car wash is built on is considered a "single -use property" by the bank. Lenders use this designation to evaluate risk. If a site is considered a single -use property, it can't be easily converted for any other use. Infrastructure, such as car wash pits (which is Pit Crew's cleaning. s_pecialty_(http:/1_pitcrew.com/process/).),are built into the site and are unique to the car wash industry. If a bank lends an owner the money for a car wash and the business goes belly up, the bank can't depend on a hair salon to set up shop in the conveyor tunnel and begin offering in -bay automatic hair washes. The hair salon would need some serious financial support to convert the equipment into hair washing and hair dressing tools... or else itjust isn't happening. So the hypothetical situation has the potential to play out like this you build a car wash across the street from a successful car wash, hoping to steal their business. One of three scenarios is possible; 1. They put you out of business because they are more well- known 2. You put them out of business because you're shiny, new and ready to impress 3. Both you and your competitor limp along with mediocre, stagnated business The problem with this is that, even though #2 sounds like the ideal situation for you, it could come back to bite you. As soon as your competitor goes out of business, the bank is going to be looking 75A-52 for another car wash company that can scoop up the property. Chances are, your new neighbor could size you up for your weaknesses and do to you what you did to your corn petition. What to Da Instead to Crow Your Business 5o, if building too close to another car wash is a bad idea, what should you do? Many car wash owners consider the 3-mile rule to be the law of the land. It is both a courtesy rule and a way to avoid the pitfalls of too many hands in the same cookie jar. If you can't pick your ideal location for a car wash because someone else beat you to it, find a place that is almost just as good. If you are focused on good business principles for your car wash https-//pitcrew.com/S-business-tips-for-new-car-wash- owners/]., you could end up building a car wash that is good enough for people to go out of their way to visit. UP NEXT 75A-53 THREE BUSINESS TIPS FOR NEW CAR WASH OWNERS {https;''/pitr_rew.carr)/three- bus iness tips-sor-new car -wish -owners/] 75A-54 EXHIBIT "C" 75A-55 I r. r, �ror Inow , 'Alp . I V.4 lk I, 75A n &V 0 � I�L od 100,171. [A ■ e s...'Ni F tic 1 • r N I i LWI 711 Aik-A I L IEXHIBIT D 75A-66 engineering group, ine. September 19, 2019 Kara E. Grant, LAW OFFICE OF KARA E. GRANT 17595 Harvard, Suite C-202 Irvine, CA 92614 Subject: 301 and 325 North Tustin Ave, Santa Ana Project (CUP 2019-30 and CUP 2019-31) Traffic Study and Noise Review Dear Ms. Grant: INTRODUCTION RK ENGINEERING GROUP, INC. (RK) has reviewed the traffic study and noise information for the 301 and 325 North Tustin Avenue Convenience Store and Express Car Wash Project located in the City of Santa Ana. The proposed project would construct a new service station with a 3,040 square foot convenience store and a new automated car wash located at 301 and 325 North Tustin Avenue in the City of Santa Ana. Previously the City reviewed a Commercial Building for the site, however, that has now been changed to the Express Car Wash. In the past, there was a gas station with a market and a restaurant operating at the site. The major concerns with the project is traffic and noise impacts as a result of the car wash component of the project. A Staff Report and traffic study were previously prepared for the project. The modified project traffic study was prepared by L L & G Engineers in a revised report dated May 17, 2019. No Noise Technical Study was prepared for the processing of the project through the City. The original project included a Commercial Building, however, is now proposed to be an Express Car Wash. The proposed project with a Car Wash will generate more traffic than the originally proposed project with the commercial building. RK has reviewed the project information for the revised project with respect to traffic impacts, parking, overall transportation/circulation and noise/vibration impacts to the surrounding study area. The primary issues with the proposed Express Car Wash Project include the following major items: Express Car Wash projects have their peak traffic generation on Saturday afternoons. No Saturday traffic analysis was performed for the project. The Near -term traffic analysis for Year 2019 is not realistic and a later timeframe should be analyzed. 75A-67 LAW OFFICE OF KARA E. GRANT RK 15528 Page 2 - Trip credit was taken for the existing restaurant building on the site which may not have been in operation when the traffic counts were taken. - Updated traffic counts should be taken in 2019 rather than the 2016 counts that were used in the revised 2019 Traffic Study. - The Traffic Study should have used the latest ITE (Institute of Transportation Engineers, 101" Edition Trip Generation, 2017 rather than the older 91" Edition, 2012 document. A Saturday peak hour traffic impact analysis needs to be performed for all of the project scenarios. The project only traffic volumes at study area intersections needs to be checked for accuracy. It doesn't appear that they correlate to the project trip generation and trip distribution. This needs to be verified. A traffic safety analysis should be performed at the intersection of North Tustin Avenue at 41h Street since the project will add a significant amount of traffic to that intersection which has a collision rate higher than expect for this type of intersection. - No preliminary noise or vibration analysis report was prepared for the project. Express Car Washes are High Noise Generators and their impacts need to be quantified and it has to be determined if there are feasible appropriate mitigation measures. This is typical for high Noise generating uses such as an Express Car Wash. All of the Conditions of approval for the project require this to be done after the fact when it may not be feasible to adequately mitigate the project. Adjacent to the Express Car Wash Tunnel is an existing operating office building that has sensitive medical uses. The Noise and Vibration analysis and mitigation measures need to be determined before entitlement for the proposed use can be granted. These issues are further discussed in the Comments section of this letter. I- T� group. Inc.en� nc. 75A-68 LAW OFFICE OF KARA E, GRANT RK 15528 Page 3 TRAFFICFiRANSPORTATION REVIEW The traffic study only reviewed weekday {7-9 am and 4-6 pm} traffic conditions. Express Car Washes actually have their peak traffic generation on Saturdays at approximately 1:00 pm or 2:00 pm. Also, the commercial area around the site would have significant traffic conditions on a Saturday. Therefore, the traffic study needs to perform a Saturday traffic analysis and utilize typical trip generation for an Express Car Wash during those timeframes. RK has collected substantial trip generation data for Express Car Washes in Santa Ana which are shown in the attached Table 4-1. The Saturday trip generation is 50% higher on Saturdays than during the weekday conditions. Therefore, a Saturday traffic analysis is required. 2. The near -term traffic conditions evaluation in the revised traffic study was for the Year 2019- This is not a realistic timeframe, since it is nearly the last quarter of Year 2019. Since the project has not yet been approved and would need a period for construction, a much later time -frame needs to be evaluated for near -term conditions. An Opening Year of 2020 or 2021 is more realistic. 3. The traffic study took a trip credit for the traffic from the existing sit-down restaurant building that is on the site at 301 North Tustin Avenue. This would only be valid if the restaurant was in full operation when the traffic counts were taken. The restaurant is currently closed. This needs to be verified and the trip credit cannot be utilized if new traffic counts are taken to reflect 2419 conditions. 4. The site plan shown on page 3-68 (Figure 2-2) includes a full driveway access on North Tustin Avenue. This driveway is located approximately 240-feet from the intersection of Tustin Avenue at 41" Street. This distance appears to be too close to allow this driveway to be a full service access with all turning movements, since it would interfere with the northbound left turn pocket on Tustin Avenue. 5. The traffic counts mentioned on page 3-72 were taken in October of 2016, The revised traffic study was prepared in 2019; therefore, it has been three years since the traffic counts were taken in 2016, The traffic study should have been updated with more current traffic counts in 2019 to reflect existing conditions. 6, There is no explanation on what the existing project "re-route" was for as shown on page 3-73 and 3-74 (Figures 3-2 and 3-3). What has caused the re-route of traffic? f'ft� amirreering WW��hh33 enu0. �c. 75A-69 LAW OFFICE OF KARA E. GRANT RK 15528 Page 4 7. As shown on page 3-82, the traffic study used the ITE (Institute of Transportation Engineers) 9"' Edition of Trip Generation rates which was published in 2012. This manual was updated in the ITE Trip generation, 1014 Edition published in 2017. The latest manual should have been used for this study since both the original traffic study and 2019 revised traffic study were done significantly after the new ITE Trip Generation data was available. 8. The Express Car Wash Trip Generation shown on page 3-82 and Table 5-1 should include a Saturday analysis. RK has collected traffic data at three Santa Ana Express Car Wash sites and the Saturday trip generation is 50% greater than what was used in the traffic study. The traffic study needs to include a Saturday traffic analysis for each of the different timeframes which are evaluated. 9. For the Existing Plus Project and Future conditions analysis, a Saturday analysis needs to be evaluated. as mentioned in Item #8. 10.On pages 3-86 and 3-87 (Figures 5-3 and 5-4), the project volumes do not seem to match the project net trip generation in Table 5-1 and the Trip Distributions on pages 3-84 and 3-85 (Figures 5-1 and 5-2) . It is not clear how the project only volumes were calculated. Did they include the full project trip generation minus the net trip generation for the existing uses? This is unclear in the text of the report and could affect all of the traffic analysis for the future conditions with the project. 1 1.The traffic analysis shown on page 3-90 (Table 5-1) needs a Saturday analysis as previously mentioned, because the proposed Express Car Wash generates more trips during a Saturday than on a weekday. 12.The near -term traffic analysis shown on page 3-91 needs to be a more realistic year than Year 2019, since Year 2019 is nearly aver. 13.On page 3-101, (Table 6-2) needs to use the more current ITE 1011' Edition Trip Generation for all of the cumulative projects. 14. Page 3-105 (Table 8-1 ) and page 3-107 (Table 8-2) need to include a Saturday analysis. enolneerlm 919M Inc. 75A-70 LAW OFFICE OF KARA E. GRANT RK 15528 Rage 5 I S.There needs to be a traffic safety analysis of the intersection of North Tustin Avenue at 4`h Street. This intersection has a significant amount of peak hour and daily traffic and any increase in traffic generated by the proposed project could potentially Increase the collision rate at this intersection. RK has performed a review of the collisions at this intersection and the collision rate is significantly higher than would be expected at this type of intersection. The ten year average collision rate at this intersection is 037 collisions per million entering vehicles, whereas the expect rate is 0.24 collisions per million entering vehicles- Furthermore the most recent collision rate during the past three years (2016-2018) the collision rate has increased to 0.43 collisions per million entering vehicles. A further traffic collision analysis should be performed at this intersection to determine the cause of these collisions and if so what mitigation measures should be considered for this intersection, since the project will contribute additional traffic to this location. The collision rates and SWITRS data used in this analysis is included in Appendix B. NOISE IMPACT ASSESSMENT No preliminary noise study was conducted for the proposed project to prove that it is feasible from a noise impact standpoint. Although the project has been conditioned to prepare a study prior to building permits, a preliminary noise study should be prepared to ensure that the project would not have a significant noise impact to the surrounding areas. Typically noise studies for Express Car Washes are required during the entitlement process, not after the project is approved. Car washes generate a significant amount of noise at both the exit and entrance to the car wash tunnel and at the vacuum stations. This has to be assessed in advance of approval of the project to determine if any mitigation measures need to be implemented and if they are feasible- 2. The car wash tunnel is located at the very south end of the site directly adjacent to an existing office building that includes medical uses 4i-e- dentist office, etc.). These are noise sensitive land uses and high noise levels can be very disturbing to the medical uses. RK has measured noise levels that approach 95 dBA at the opening of a car wash tunnel and over 90 dBA at the vacuum stations-, this is a significant amount of noise. Attached are our measurements at a comparable car wash facility. A noise assessment is needed before the project is approved to determine the impacts to the adjacent sensitive uses and whether it is feasible to mitigate the noise generated from the project. engineering grDnp, Inc. 75A-71 LAIN OFFICE OF KARA E. GRANT RK15528 Page 6 3. Any vibration impacts to the adjacent office building as a result of the car wash tunnel and its mechanical equipment need to be evaluated. It appears from the proposed site plan there is very little space between the car wash tunnel and the adjacent building. Therefore a vibration impact assessment needs to be determined before the project is approved. 4. No construction noise impact was included in the staff report. As a result of the proximity of the proposed site to the adjoining buildings a CEQA assessment of the potential noise and vibration impacts and mitigation measures needs to be determined before any approval is given for the construction on the site. Again this is a typical requirement for any construction project located in close proximity to other sensitive land uses. CONCLUSIONS RK Engineering Group, Inc. has reviewed the proposed 301 and 325 North Tustin Avenue, Santa Ana Project (CUP 2019-30 and CUP 2019-31) from a TrafficiTransportation Study and Noise/Vibration standpoint. Based upon our review there are a number of items that need to be resolved before the project can be considered complete. This would include an updated traffic analysis with newer traffic counts, a Saturday peak hour analysis use of the latest ITE Trip Generation data, verification of the project traffic contribution to each of the study area intersections, the review of a more realistic study opening year timeframe and the need to provide a technical noise/vibration study in advance of approval of the entitlement for the project. This is necessary to insure that any required mitigation measures are feasible before the project is approved. RK Engineering Group, Inc. appreciates the opportunity to work with the Law Offices of Kara E. Grant on this project.. If you have any questions regarding our review or need further information please call me at (949) 474-0809. Sincerely, Robert Kahn RK ENGINEERING GROUP. INC. V- 4.d z No. 0555 rr * Exp, 1431119 OFRFFA r �F engineering group, in C. 75A-72 LAW 011-ICE OF KARA E. GRANT RK 15528 Page 7 Robert Kahn, P.E. Principal Registered Civil Engineer 20285 Registered Traffic Engineer 0555 Attachment 1N:2958-2019-01 RK:ag/rk15528.doc enelneeft 9�etlp,lnC. 75A-73 Tables 75A-74 TABLE 4-1 Observed Car Wash Sites Trip Generation Weekday Conditions' Weekday Peak Hour Observed Car Wash Location Weekday AM PM Daily In out Total In Out Total Scrub Bot Express Car Wash (1807 Main Street) 12 10 22 W. 55 91 745 2aroo Express Car Wash t5 13 28 43 37 80 644 (1205 W. 17th Street ) Santa Ana Express Car Wash 49 49 98 85 70 155 1,344 (202 E. Firs[ Street) Average 25 24 49 55 S4 109 911 5aturday Conditions Saturday Peak Hour Saturday ❑hserved Car Wash Location Daily In Out Total Scrub Bot Express Car Wash 69 64 133 996 (1807 Main Street) 2aroo Express Car Wash 69 (8 137 1,196 (1205 W. 1701 Strcct ) Santa Ana Express Car Wash ill 118 229 2 46f) (202 E. First Street) Average 83 83 166 1,551 Weekday observed traffic counts conducted on Thursday, March 14, 2019. Saturday observed traffic counts conducted on Saturday, March 16, 2019. 8E:s?IflK.152Y0?'6 1N:2784-2038-01 75A-75 Appendices 75A-76 Appendix A Express Car Wash Noise Measurements 75A-77 Field Sheet Project; 1821 N Grand Ave Cap Wash Engineer: D. Shi•laiall ©ate: PJ 14J2019 JN: 2184-2D18-Ct Measurement Address: City: CDSta Mesa site No.: 1 1195 Baker St Sound Level Meter: Cafibration Record; Notes: I-D-712 rpu 1. dRl Read ncj. dEll 0liset, dQr Time Serial # A0S, 20 Before 1-amµ: 71; Afte- Windspeed: 5mph _ Direction: SWE Calibrator. LIJ-250 254 Before 93.2 93.2 93.2 Skies Clear Serial N 1322 After 94.0 84,0 R4.0 Camera: Pfsoto Nos. Meter Settings: 0 A-WfD ❑ LINEAR IKI SLOW 0 1y1 OC71 f7 IfdTERVALS _1 _-MINUTE ❑ C-WfD ❑ IMPULSE ❑ FAST Ll 113 07 0 L., PERCENT -LE VALUES Notes: Measurement Type: Long -Lean Short-term k 11:41 AM F11.42 AM 94.6 89.1 101.8 1013 F 100.3 793.2 91.6 1 Measu remem taken at approximately .5ft from the car wash exit tunnel. Ambient noise includes traffic noise from car wash cannel, blowers and traffic nose from Fain•iew Road and Baker St. 11:46 AM 1 11 A7 AM 1 95.7 1 89 1 99.1 97-5 96.9 1 96.2 1 95.7 2 Ma@S Iemenr taken at approx.mately 1 Ft from the vacuum Stalls. Anrb:en, ne+se includes traffic noise from car wash vacuum stalls and [raft[riaise from Faireiew R.�ad and Raker St. o` 3 0 4 5 ®P 3u1n9grlrp gr 4•Inc. 75A-78 Appendix B Collision Rate Calculations and SWITRS Data 75A-79 INTERSECTION ACCIDENT RATES LOCATION NO. OF NO -OF ENTERING ACCIDENT EXPECTED ACCIDENTS MONTHS ADT RATE ACCI DENT RATE N. Tustin Ave. 45� 4th $1.-10 Year 65 120 48.675 0.37 0.24 N. Tustin Ave. 4th SL • 3 Year 21 36 48.675 0.43 D.24 N. 7uslia Ave. 4Lh 81. - 2018 8 12 48,675 0.34 024 N. Tustin Ave. 4th SI. - 2017 7 12 4075 0.39 0.24 N. Tustln Ave. @ 41h St. - 2016 10 12 48,675 0.56 0.24 N. Tustin Ave. Q 41h 51. - 2015 5 12 48,675 0.28 0.24 N. Tustin Ave. @ 41h St. • 2014 B 12 48.675 0.45 0.24 N. Tustin Ave. 4th St. - 2013 7 12 48,675 0.39 0.24 N. Tustin Ave. 41h St. - 2012 9 12 48.675 0.51 624 N. Tusun Aw. 41h St. - 2011 ti 12 48,675 0.34 0.24 N. Tustin Ave. 41h St. - 2010 5 12 48,675 028 0.24 N. Tustn Ave. 41h St. - 2009 2 12 48.675 0.11 0.24 75A-80 W e CUp J � fj, yL`v� m Vpj v a ¢ E � tiq O W Y 44SS44 '? Q � O z w ❑ = ° z F V) z [n ❑ �e o� N a 7 ❑ r2 d ¢ a 6 ¢ N 7W. N o x a p a W ~ NLL H c3 a P' ,� '• � u n p ly. _ , C O a a L � s QY.W a s [7❑ n 4 V -0mm u m Yl� (22Z N E z .. ei L1 N �xx x x s r fn lL li 'jN a ytc 'p� N Ily .Icj . HIV4� qYM �NJ CCU 2 r•= An y�y az~U : a 1-0o a v`Y aLL c, C3 r -- ❑ U W�ro zG- ¢p p O � M z r nnC z I ;x m'rn' o ��nW`Lli x 1 x `e G S W 4$g vWFI z W M i. z Lr r( u N P u u ''=D4 i i�d a a ,L enlxx 6 �iLLLL Z_ a � ¢ �ii ltiF a J C�w ¢ U ❑' 4 ,,75A-81 �L t a a a a a.6 f� N r ❑ yW U a � O R N A Y zlz d: LL LL z� Q• E L c 2 N auk nL L. 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U) �b � G rx yak u w�� is vff: x ',Z tq ® GYJ n .0 .xO t" O M:0 �cZ MM zF FFR� .� s2S :yaj NN Q � F �oov a r.u'. Qc eyrr x zz g _'i f7an�v,7 cam'. rn.� oOW a`{ It ¢p [nvw � ow a 4 UU 34141 40 = v v � w � o¢ a a a a a � a a ey ccvp SS U >'> s: „ a Ee. .. a 7 7 a m a a ;, m _ - O ❑ � ❑ ❑ � c is = L- Ala W n 2 EXHIBIT E 75A-93 y COJ5KIELELNO 5AND C}� MI.551C7N 11�D]AI�S - lZr 1JA 11Q�1 1{ll ,111 9 'Kr iiw;ai Tl, '77II 1 CS\bnIf] lJ"'Cl of KV531 UIl l PCldl'3 ] II I I A IYCOC�IRfCIi)[]Eh[,�%E itC Of[al1O. 111:314 E11C :36[]4�Il i {fICC lF Lhr--� �l5 `{:Is'C['ti 6:3filll City of Santa Aniq Planning & Building Agency 20 Civic Center .Agency Santa Ana, CA 92702 June 12. 2018 Re. SB 18 Consultation (Covemment Code Section 65352.3)'Pustin Ave Retail Project Dcar Selena Kelahe.r, Please find this IeLLLr as a written rt quest for consultation regarding the above -mentioned project pursuant to Senate Bill 18 (SB 18) Government Code Section 65352.3. Your project iles within our ancestral tribal territory, meaning descending rrom, a higher degree of kinship than traditional or cultural affiliation. Your project is located within a sensitive area and may cause a substantial adverse change in the significance of our tribal cultural resources. Most often, a records search for our tribal cultural resources will result in a "'no records found" for the prnjcct area. The Native American Heritage Commission, ethnographers, historians, and professional archaeologists can only provide limited information that has been previously documented about California Native Tribes. This is the reason the Native American Heritage Commission (NAHC) will always refer the lead agency to the respective Native American Tribe of the area because the NAHC is only aware of general information and are not the experts on each California Tribe, Our Elder Committee & tribalhistorians are the experts for our Tribe and are able to provide a more complete historiv (both written and oral) regarding the location or historic villages, trade mu Les, cemeteries and sacred/rclipous sites in the prcijecL arcs- Therefore, to avoid adverse effects to our tribal cultural resources, we would like to consult w2th you and your staff to provide you with a more complete understanding of the prehistoric use(s) of the projecL area :and the potcmtial risks for causing a substantial adverse change to the significance of our tribal cultural resources. C..onsultaLien appointments am, available on Wednesdays and Thursdays at our offices at 901 N. Citrus Ave. Covina, CA 91722 or over the phone. Please call toll free 1-844-390-0787 car entail gabrielenoindians(yyihoa.ccim to schedulc, an appointmc-nt- With Respect, Andrew Salas, Chairman K.. I.=.1., 'V.--CM..,.., .w.w gabn e Ie I .c..l.. A a ns.n-v C.h,,.3..- 5.... W M— .... ..,.:.K3,,,1 Kmha-d cxada:. C.h.,lml.•ot rm C,4[lic" �aLun ee n.o foci, a ns�e�ya h o-a.c n m 75A-94 EXHIBIT F 75A-95 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE; SEPTEMBER 24, 2018 TITLE: PUBLIC HEARING — FILED BY RICHARD FINKEL FOR MITIGATED NEGATIVE DECLARATION NO. 2016- 156, GENERAL PLAN AMENDMENT NO. 2018-05, AMENDMENT APPLICATION NO. 2018-08, CONDITIONAL USE PERMIT NO. 2018-18 AND VARIANCE NO. 2018-10 TO ALLOW AN EATING ESTABLISHMENT WITH DRIVE -THROUGH SERVICE AT 301 NORTH TUSTIN AVENUE AND A SERVICE STATION AT 325 NORTH TUSTIN AVENUE {STRATEGIC PLAN NO. 3,21 Prepared by Selena Kelaher, AICP Executive director RECOMMENDED ACTION Recommend to the City Council: PLANNING COMMISSION SECRETARY APPROVED Q As Recommended 11 As Amended Set Public Hearing For DENIED ❑ Applicant's Request ❑ Staff Recommendation x9jail@W.9+3I[k Planning Manag 1. Adoption of a Mitigated Negative Declaration, Environmental Review No. 2016-156. 2. Adoption of a resolution approving General Plan Amendment No, 2018-05. 3. Adoption of an ordinance approving Amendment Application No. 2018-08. Planning Commission adopt resolutions. 1. Approving Conditional Use Permit No. 2018-18 as conditioned. 2. Approving Variance No. 2018-10 as conditioned. Executive Summary Richard Finkel, representing Russell Fischer LP, is requesting approval of a general plan amendment to re -designate the property at 301 North Tustin Avenue from Professional & Administrative Office (PAO) to General Commercial (GC), an amendment application to rezone the properties at 301 and 325 North Tustin Avenue from Professional (P) to General Commercial (C2), a conditional use permit to allow an eating establishment with drive -through service at 301 North Tustin Avenue, and a variance to reduce the required yards at 325 North Tustin Avenue. 75A-96 GPA No. 2018-05, AA No. 2018-08, CUP No. 2018-18 & VAR No. 2018-10 September 24, 2018 Page 3 Item Infonnatlon South Commercial - City of Tustin West Professional - Service Station Property Size 39.775 SF (0.9 acres) - 301 N. Tustin Avenue 22,465 SF 0.5 acres - 325 N. Tustin Avenue _ Existing Site Development Eating Establishment - 301 N. Tustin Avenue Gas Service Station & Car Wash - 325 N. Tustin Avenue Development Standards Sections 41-364 through 41-374 SAMC Sections 41-377 through 41-388 SAMC Use Permissions/Amendment Section 41-638 and Sections 41-659 through 41-667 Application & CUP Proiect Description The applicant proposes to demolish the restaurant, service station, car wash, and convenience store buildings to construct a new service station, convenience store and multi -tenant commercial building on two properties at the southeast comer of Tustin Avenue and Fourth Street. The restaurant at 301 North Tustin will be demolished and a new 7,368-square-foot multi -tenant commercial building with an outdoor dining area will be constructed. A 1,258-square-foot eating establishment with drive -through service is proposed for one unit. The drive -through lane is designed to wrap around the entire building, with the entrance of the drive -through at the south end of the building traveling up and around the east elevation. In addition, a 35-foot high freestanding sign will be oriented towards the SR-55 freeway along the east property line. The parcel immediately to the north at 325 North Tustin Avenue is also proposed for redevelopment. The applicant is proposing to clear the site, to eliminate the automated car wash operations, close a driveway along Fourth Street and redesign the site with a service station and larger convenience store. The service station will consist of a 2,117-square-foot canopy with 8 pump stations and a new 2,778-square-foot convenience store. The architecture of the new buildings, service station canopy and freestanding sign has been designed to appear as a cohesive and integrated development which includes a contemporary design style with a smooth plaster, metal canopies, ceramic wood tile and green screens. An enhanced pedestrian pathway with seating areas and landscaping will be located between the two buildings. There will be vehicular access between the two properties and a covenant to allow for reciprocal access and parting will be recorded. In addition, the Public Works Agency has determined that an 8-foot irrevocable offer of dedication along Fourth Street and a 2-foot Irrevocable offer of dedication along Tustin Avenue are required. Tables 3A and 3B provide a detailed comparison of the project's compliance with the applicable land use and development standards. 75A-97 GPA No. 2018-05, AA No. 2018-08, CUP No. 2018-18 & VAR No. 2018-10 September 24, 2018 Page 4 Table 3A; Land Use Standards General Commercial (C2) (SAMC Sec. 41.365, 41.366.5. 41-377 and 41-377.5) Use Eating Establishment Allowed by Right Permit Requirements Orive-through Window Service for an Conditional Use Permit eatino establishment Service Station and Convenience Store Allowed by Right Table 3B: Development Standards Standard Required by General 301 North Tustin 3 55 North Tustin Commercial Ing Site Service Station Site Front yard 15 feet minimum Complies; 15 feet I foes not comply; 5 Feet,_6 inches Side yard (street) 15 feet minimum Not Applicable Does not comply; 5 feet, 6 inches Side yard (interior) 0 feet minimum Complies; 3 feet, 2 Complies; 5 foot inches and 5 feet landscape yard Rear yard 0 feet minimum Complies; 2 feet Complies; 5 foot landscape yard Lot Size & Frontage 15,000 sq. ft. and 120 feet Complies; 39,775 sq. ft- Complies; 22,465 sq. ft. 35 Feet maximum and 179 feet and 300 feet Complies; 25 feet, 3 Complies; 21 feet, 10 Building height inches inches Complies; 63 spaces Complies; 63 spaces Off-street Parking 61 spaces 5 spaces per 1,000 sq. ft. of total total retail 46 spaces 9 spaces 8 spaces per 1,000 sq. ft. 8 pump spaces restaurant Floor Area Ratio 0.50 FAR maximum Complies; 0.19 FAR Complies; .0.12 FAR F.A.R. 35 feet maximum height Complies; Freestanding _ Wall signs (deferred Signage allowed within 300 feet of a sign 35 feet submittals) freeway exit Wall signs (deferred submittals Stacking Distance 160 feet; 80 feet to menu Complies; 80 feet to Not Applicable (drive4hrough) board and 80 feet to pickup menu board, 80 feet to window pick-upwindow Driveway Width 35 feet maximum Not Applicable Complies; 35 feet service station 75A-98 GPA No. 2018-05, AA No. 2018-08. CUP No. 2018-18 & VAR No. 2018-10 September 24, 2018 Page 5 Proiect Background and Chronology The property at 301 North Tustin has been developed with a restaurant since 1965. In 1996, Conditional Use Permit No. 1995--01 was approved to allow dancing and live music. Minor tenant improvements have been made to the building overtime by various operators. Currently, the building is in the process of being vacated by the tenant. In 1973, the property at 325 North Tustin Avenue was developed with a car wash and service station. In 2006, the property was remodeled to the current configuration of the service pumps, a retail building and automated car wash. The current property owner has been operating a Chevron gas station and car wash at the site since 2015. Proiect Analysis General Plan Amendment The applicant is applying for a general plan amendment in Order to re -designate the properties proposed for development to General Commercial (GC). According to the General Plan, the General Commercial district applies to commercial corridors and areas that are highly visible and are critical arterial transportation corridors. Three sites that are proposed to be changed from Professional & Administrative Offices to General Commercial (301 N. Tustin Avenue, 431 N. Tustin Avenue, and 2321 E. 4rh Street) are an arterial streets with regional access to the SR-65 freeway. Several nearby commercial properties are already designated as General Commercial. The amendment will create an approximately 4-acre General Commercial area at the northeast and southeast comers of Tustin Avenue and Fourth Street (Exhibit 2). In addition, these properties are currently improved with commercial uses including gas stations, eating establishments, and mixed retail and service uses that provide neighborhood facilities and services to the nearby Metre East Mixed -Use Overlay zone and professional offices. The general plan amendment will provide consistency with the existing uses and will make the properties consistent with the zoning district. Amendment A,polication The applicant is also applying for an amendment application (zone change) to Change the zoning of the properties proposed for development (301 and 325 N. Tustin Avenue) from Professional (P) to General Commercial (C2). The City is also proposing to change the zoning of two nearby properties (401 N. Tustin Avenue and 2320 E. Fourth Street) to General Commercial (C2) (Exhibit 3). The C2 designation will also complement the designation of the properties to the south which are in the City of Tustin and zoned commercial (Central Commercial C2). The amendment will create a continuous block of commercial uses that will stimulate the economy in the area. The C2 zone will allow the restaurant, service stations, and services uses and will allow for commercial development that supports the nearby office environment by providing places to visit, 75A-99 GPA No. 2018-05, AA No, 2018-08, CUP No. 2018-18 & VAR No. 2018-10 September 24, 2018 Page 6 shop and dine. In addition, the General Commercial zone permits professional, administrative and business offices should the property owners elect to have office uses in the future. The proposed drive -through requires discretionary approval of a CUP and the service station yards require a variance. In order to approve a CUP or variance, the General Plan Land Use designation and the zoning designation must be consistent. Conditional Use Permit for Drive -Through Window Service at 301 North Tustin Avenue The drive -through was designed and intended to generate the least amount of Impact as possible. The drive -through lane is setback approximately 100 feet from the street to reduce any spillover to the public streets. In addition, the drive -through lane meets the City°s stacking requirements and will allow for approximately 15-cars to queue without disrupting drive aisles or parking spaces on -site. The drive -through is also designed to generate minimal noise impacts; the speaker boxes are located at the rear of the site and project towards the freeway. Any potential noise generated from the idling of vehicles or the drive -through speakers is not anticipated to impact the nearby uses as they are commercial and there are no nearby sensitive land uses. Since the drive -through lane is at the rear of the property, it will produce minimal visual impact to Tustin Avenue as the new building will be the prominent view (Exhibit 4). The applicant's request for a conditional use permit to allow drive -through window service will provide an added amenity to the property, for the employees who work in the vicinity and for the residents who live in the general area. Allowing the restaurant to have a drive -through window will provide a service that will help promote economic development to the area which will contribute to the general well-being of the neighborhood and the community. Variance for Reduced Yards at 325 North Tustin Avenue The strict application of the zoning code requires a 15-foot landscaped setback along both Tustin Avenue and Fourth Street. The applicant has designed the site to have landscaped yards, but in some locations the yards will be reduced to 5 feet, 6 inches requiring a variance. The Public Works Agency reviewed the proposed plans and determined that an 8-foot dedication along Fourth Street and a 2-foot dedication along Tustin Avenue are required to allow for the streets and sidewalks to be constructed to the ultimate width. The 15-foot setbacks and dedication would reduce the developable area to 18,065 square -feet, which is an approximately 4,400 square -foot reduction in lot size (20%). Special circumstances related to the current location of the underground storage tanks exist. Currently, the underground tanks are located at the corner of the property. A 15-foot landscaped yard along the street property lines would require the property owner to remove and relocate the storage tanks In order for tanker trucks to access the tanks. The relocation would cause a significant financial burden to the operator. In addition, complexities of service station fueling, stacking and circulation patterns make it difficult to create functional site plan that meets all the development standards. Furthermore, there are service stations at the other two comers of the intersection (northeast and southwest comers). These nearby service stations do not have 15-foot 75A-100 GPA No. 2018-05, AA No. 2018-08. CUP No. 2018-18 & VAR No. 2018-10 September 24, 2018 Page 7 landscaped yards and have significantly less landscaping than the proposed project, therefore granting the variance will not be injurious to the surrounding properties or service stations (Exhibit 5) Table 3: CE A Strategic Plan Ali nment and Public Notification & Community Outreach Strategic Plan Ati nmen and Public Notification & Community Outreach CEOA A Mitigated Negative declaration (MIND) with technical studies (traffic study, air quality and greenhouse gas emissions analysis, and Phase I site assessment), CEQA Type was prepared for the project. No areas of significant impact were determined from the construction or operation of the proposed project with the implementation of the mitigation measures for cultural resources, hazards, and tribal and cultural resources. The 30-day public review period began on August 13 and ended September 11, 2018. The draft MND was circulated to interested parties and the State Public Notification Clearinghouse, the notice of intent was published in the Orange County Register and posted with the County of Orange Clerk. The draft MIND was available for public review at the Santa Ana City Hall, Main Library, and on the project mm webpage on the City's.website (Exhibit 6 & 7). -Caltrans commented in regards to incorporating complete streets measures and encroachment permits, the comment does not result in findings of a significant impact. -The City of Irvine commented in regards to clarifications needed in the traffic Comments analysis, the clarifications would not result in findings of a significant impact. Received -Orange County fire Authority stated they have no comment. -South Coast Air Quality Management District commented in regards to clarifications needed in the air quality analysis, the clarifications would not result in findings of a significant impact. -The State Clearinghouse acknowledged that no state agencies submitted comments. Strategic Plan Alignment Goal(s), Policy or 3, 2 (create new opportunities for businessljob growth and encourage private Policies development through new General Plan and Zoning Ordinance policies). Public Notification & Community Outreach Site posting A public noticed was posted on the project site on September 14, 2018. Notification by mail was mailed to all property owners and Public Hearing Notification by mail occupants within 500 feet of the project site on September 14, 2018. Newspaper posting Newspaper posting was published in the Orange County Register on September 14, 2018. Sunshine Meeting A Sunshine Ordinance Community Meeting was held on December 13, 2016 at 5:30 p.m. in accordance with the provisions of the City's Sunshine Ordinance. A total of 3 members of the public attended. The applicant provided all the required information to the City after the meeting Exhibit 8). 75A-101 GPA No. 2018-05, AA No. 2018-08, CUP No. 2018-18 & VAR No. 2018-10 September 24, 2018 Page 8 Strategic Plan Alignment, and Public Notification & Community Outreach Additional Measures At the time this report was printed, no issues of concern were raised regarding this application. Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission recommend that the City Council adopt the Mitigated Negative Declaration and approve General Plan Amendment No. 2018-05 and Amendment Application No. 2018-08. Further, staff recommends that the Planning Commission approve Conditional Use Permit No. 2018-18 as conditioned and Variance No, 2018-10 as conditioned. 1 , Selena Kelaher, AICP Associate Planner SK:sb Ifflanning Commissim% Exhibits: 1. Vicinity Zoning & Aerial View 2, Draft Mitigated Negative Declaration Resolution 3. Draft General Plan Resolution 4, Draft Amendment Application Ordinance 5, Conditional Use Permit Resolution fi. Variance Resolution 7. Mitigated Negative Declaration 8. Traffic Study 9. Sunshine Meeting Minutes 10. Site Plan 11. Elevations 75A-102 EXHIBIT G 75A-103 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: SEPTEMBER 9, 2019 TITLE: PUBLIC HEARING — FILED BY RICHARD FINKEL FOR CONDITIONAL USE PERMIT NO. 2019-30 AND AMENDMENT TO VARIANCE NO. 2018.10 TO ALLOW A CAR WASH AT 301 NORTH TUSTIN AVENUE AND CONDITIONAL USE PERMIT NO. 2019-31 TO ALLOW AFTER-HOURS OPERATIONS FOR THE CONVENIENCE STORE AT 325 NORTH TUSTIN AVENUE (STRATEGIC PLAN NO. 3,2) Preparod by Selena elaher, AICP Ia■_121�IIi [eIKolIli 117d61AW2116]MR] :aW_11:y7 APPROVED © As Recommended As Amended ❑ Set Public Hearing For DENIED 0 Applicant's Request ❑ Staff Recommendation CONTINUED TO ExecutivOk,Direc r Interim anning IvIgAager RECOMMENDED ACTION 1. Adopt a resolution approving Conditional Use Permit No. 2019-30 as conditioned to allow a car wash. 2. Adopt a resolution approving an amendment to Variance No. 2018-10 as conditioned to reduce the required yards. 3. Adopt a resolution approving Conditional Use Permit No. 2019-31 as conditioned to allow for a retail market less than 20,000 square feet to operate between the hours of 12:00 midnight and 5:00 a.m. Executive Summa Richard Finkel, representing Russell Fischer LP, is requesting approval of a conditional use permit to allow an automated car wash and an amendment to a previously approved variance to reduce the required yards at 301 North Tustin Avenue and a conditional use permit to allow for retail convenience store to operate between 12:00 a.m. and 5:00 a.m. at 325 North Tustin Avenue. Staff is recommending approval of the entitlements as the project will provide additional services to residents, workers, and visitors in the area and will not negatively impact the surrounding community as the site is not immediately adjacent to sensitive land uses and the project has been designed to minimize impacts to nearby uses. 7all04 CUP No. 2019-30 & VAR No. 2018-01 CUP No. 2019-31 September 9, 2019 Page 2 Table 1: Project and Location Information Item information 301 & 325 North Tustin Avenue North Tus6i Avenue and East Fourth Street Project Address Nearest Intersection Surrounding Land Uses (Exhibit 4) North Commercial East Costa Mesa SR-55 Freew2ylCq of Tustin South Commercial - City of Tustin West Professional - Service Station General Plan Designation General Commercial GC General Commercial C2 Zoning Designation Property Size Existing Site Development 39,775 SF (0.9 acres) - 301 N. Tustin Avenue 22,465 SF (0.5 acres) - 325 N. Tustin Avenue Vacant - 301 N. Tustin Avenue Gas Service Station & Car Wash - 325 N. Tustin Avenue Development Standards SANK Sections 41-368 through 41-374 Sections 41-379 through 41-386 SAMC Section 41-365.5(h) and Section 41-377.5(b) Use Permissions/CUP/Variance Protect Description The applicant proposes to demolish the existing service station, car wash, and convenience store to construct a new service station with 3,040-square foot convenience store and new automated car wash on the two properties at the southeast corner of Tustin Avenue and Fourth Street. The property at 301 North Tustin Avenue is currently vacant and is the site for the proposed automated car wash. The 4,354-square foot car wash tunnel will be located adjacent to the southern property line which allows vehicles to enter or exit on Tustin Avenue or to enter or exit on Fourth Street with reciprocal access provided from the service station property to the north. The car wash will feature two pay points and has 189 feet of stacking which exceeds the standard of 120 feet of stacking (12 vehicles). The site will contain 20 vacuum bays for customers and three onsite employee parking spaces. The proposed hours of operation are from 7:00 a.m. to 7100 p.m. during the winter months, and 7:00 a.m. to 8:00 p.m. during summer months (Daylight Saving months). The parcel immediately to the north (325 North Tustin Avenue) is also proposed for redevelopment. The applicant is proposing to demolish the existing service station, close a driveway on Fourth Street and redesign the site with a service station and larger convenience store. The service station will consist of a 2,843-square foot canopy with six pump islands (12 pumps total), a new 3,040- square foot convenience store and 13 parking spaces. In addition, a lot line adjustment will be processed administratively to increase the lot size, improve on -site circulation and to provide a 35- foot high freestanding sign for the service station adjacent to the SR-55 freeway along the east 75W?l05 CUP No. 2019-30 & VAR No. 2018-01 CUP No. 2019-31 September 9, 2019 Page 3 property line. The proposed convenience store hours of operation are 24-hours per day, which requires approval of a separate CUP. The architecture of the new buildings, service station canopy and freestanding sign has been designed to appear as a cohesive and integrated development which includes a contemporary design style with a smooth plaster, metal canopies, ceramic wood tile and green screens. There will be three driveways that provide access to the sites and reciprocal vehicular access and parking between the two properties. In addition, the Public Works Agency has determined that an 8-foot irrevocable offer of dedication along Fourth Street and a two -foot irrevocable offer of dedication along Tustin Avenue are required. Tables 2 and 3 provide a detailed comparison of the project's compliance with the applicable land use and development standards (Exhibit 5 & 6). Table 2: Land Use Standards General Commercial (C2) (SAMC Sec. 41-365, 41-365.5, 41-377 and 41-377.5) Proposed Land Use Permit. Requirements Car wash Conditional Use Permit Service station and retail market Allowed by Right (convenience store) Retail market less than 20,000 SF with 24- Conditional Use Permit hour operations Table 3: Development Standards Standard Required by General 301 North Tustin 325 North Tustin Commercial C2 Zone Car Wash Site Service Station Site Front yard 15 feet minimum Does not comply; 10 Complies with Variance feet No. 2018-10; 5 feet, 6 inches Side yard (street) 15 feet minimum Not Applicable Complies; 15 feet Side yard (interior) 0 feet minimum Complies; 1 foot, 6 Complies; 5 foot inches landscape yard Rear yard 0 feet minimum Complies; 2 feet Complies; 5 foot landscape and Lot Size & Frontage 15,000 sq. ft. and 120 feet Complies; 33,976 sq. ft. Complies; 28,096 sq. ft. (after lot line (after lot line adjustment) and 179 adjustment) and 300 feet feet Building height 35 feet maximum Complies; 29 feet Complies; 21 feet, 10 inches 7533106 CUP No. 2019-30 & VAR No. 2018-01 CUP No. 2019-31 September 9, 2019 Page 4 Standard Required by General 301 'North Tustin 325 North Tustin Commercial C2 Zone Car Wash Site Service Station Site Off-street Parking 17 spaces Complies; 2 employee Complies; 19 spaces 2 spaces for automatic car spaces, 20 drying 13 spaces and washes spaces, and 1 6 pump spaces 5 spaces per 1,000 sq. ft. handicapped space retail 15 space I 35 feet maximum height Freestanding sign 35 Wall signs (deferred Signage allowed within 300 feet of a feet Wall signs (deferred submittals) freeway exit submittals Stacking Distance (drive -through) 120 feet Complies; 189 feet Not Applicable Driveway Width service station 35 feet maximum Not Applicable Complies; 35 feet Project Background and Chronology In October of 2018, the Planning Commission approved Conditional Use Permit No. 2018-16 to allow an eating establishment with drive -through service at 301 North Tustin Avenue and Variance No. 2018-10 to allow reduced yards for the service station site at 325 North Tustin Avenue. Subsequently, in November and December of 2018, the City Council approved Mitigated Negative Declaration, Environmental Review No. 2016-156, General Plan Amendment No. 2018-05, and Amendment Application No. 2018-08 to change the land use and zoning designations of the properties to General Commercial. The approved project included a new 7,368-square-foot multi -tenant commercial building with drive -through window service and remodeling the gas station and convenience store. The property owner has revised the project to include a car wash component instead of a retail development. The current property owner has been in the car wash industry for over 30 years and operates six locations in Orange County. Prolect Analysis Conditional Use Permit far a Car Wash at 301 North Tustin Avenue The new automated car wash will replace the existing smaller automated car wash associated with the existing service station. The uses immediately adjacent to the site include a service station to the north, a medical office building to the south (within the City of Tustin) and the SR-55 freeway to the east. The closest nearby residential uses are over 500 feet from the project site. The car wash is designed and intended to generate the least amount of impact as possible. The stacking lane is set back from the adjacent streets to reduce any traffic impacts. In addition, the stacking lane exceeds the City's stacking requirements and will allow for approximately 15 cars to 75A4107 CUP No. 2019-30 & VAR No. 2018-01 CUP No. 2019-31 September 9, 2019 Page 5 queue without disrupting drive aisles or parking spaces on -site. A traffic impact analysis was prepared to analyze the anticipated trip generated from the project and any impacts to the intersections of Tustin Avenue and Fourth Street, Tustin Avenue and First Street and the SR-55 ramps at Fourth Street and Fourth Streettlrvine Boulevard and the Tustin Avenue roadway segment between Fourth and First Streets. The analysis was reviewed by the Public Works Agency and concludes that the project or cumulative project conditions will not significantly impact any of the intersections studied (Exhibit 7). The car wash is also designed to minimize noise impacts. The tunnel is comprised of concrete block which serves as a noise dampener. The car wash blowers/dryers, the equipment that generates the most noise, are located 15 feet from the exit of the tunnel. The vacuum stations which will generate noise are located to the north of the car wash tunnel, in an effort to shield the commercial office use to the south from the noise. Additionally, conditions of approval have been added to require a noise impact analysis which demonstrates compliance with the City's noise ordinance prior to certificate of occupancy and one year after the commencement of operations, limit the hours of operation, to prohibit use of air guns, and prohibit the use of amplified speakers. The new car wash will bring an increase in sales tax revenue and promote economic development in the area which will contribute to the general well-being of the neighborhood and the community. The applicant's request for a conditional use permit to allow car wash will provide an added service to the property, for the employees who work in the vicinity and for the residents who live in the general area. Amended Variance for Reduced Yards at 301 North Tustin Avenue In October 2018, the planning Commission approved Variance No. 2018-10 to allow for a reduced yards for the service station at 325 North Tustin Avenue. The strict application of the zoning code requires a 15-foot landscaped setback along Tustin Avenue, In addition, the Public Works Agency requires a 2-foot dedication along Tustin Avenue to allow for the streets and sidewalks to be constructed to the ultimate width. The applicant has designed the site to have landscaped yards, however, at the car wash tunnel exit the yard will be reduced to 10 feet after the street dedication to provide room for the vehicular turn movements. Therefore, Variance No. 2018-10 will be amended to also include 301 North Tustin Avenue. Special circumstances related to site's shape are applicable. For instance, the lot depth is constricted by the freeway which binds the site to the east. Due to the freeway right-of-way the lot depth narrows from the north to the south as the freeway continues. In addition, complexities of car wash stacking and circulation patterns make it difficult to create a functional site plan that meets all the development standards and does not create stacking on the adjacent streets. The location of the stacking lane and vehicular exit were selected with traffic safety as the priority as a result the site plan configurations for a car wash facility are limited. 7X-108 CUP No. 2019-30 & VAR No. 2018-01 CUP No. 2019-31 September 9, 2019 Page 6 Conditional Use Permit for a Retail Market with 24-Hour Operations at 325 North Tustin Avenue The 3,040-square foot convenience store is proposed to operate 24-hours a day, seven days a week. The proposed operations are similar to other oonvenience stores such as 7-Eleven which have received after-hours conditional use permits. Pursuant to SAMC Section 41-365.5, retail markets having less than twenty thousand (20,000) square feet of floor area which are open at any time between the hours of 12:00 a,m. and 5:00 a.m. require review and approval by the Planning Commission. The purpose of regulating after-hours operations it to preserve the surrounding community characteristics and minimize any negative secondary Impacts. Alcohol sales are not proposed as part of the project. The project site is bounded by commercial uses to the north, south and west. The proposed after- hours operations will provide an ancillary service to the community and individuals seeking to have a moming coffee andior snack en route to one of the City's major employment areas, especially for those who wake up early for work. In addition, this promotes a balance of land uses that assist in enhancing the City's economic and fiscal viability. Furthermore, the new convenience store and service station will help activate and enhance the area and will generate property and sales tax revenue for the City. Economic Develo went The retail market is expected to have eight employees and provide additional tax revenue due to the increase in floor area and 24-hour operations, The express car wash will have four employees and provide an increase in tax revenue as the subject site is currently vacant. Property tax revenue from both properties will increase due to the gas station site being redeveloped and the car wash occupying a vacant site, thus the total net value of the property will increase after the building and Improvements for the project are made. The construction of the project will require that permit fees are paid to the City and there will be temporary construction jobs.. Table 4: CEQA, Strategic Plan Alignment, and Public Notification & Community Outreach Strateg is Plan All nment and. Public Notification & Commu n Ity Outreach CEQA CEQA Type Exempt pursuant to CEQA Guidelines Section 16332, Class 32, In -fill Development Projects_ Document T pe Notice of Exemption, Environmental Review No. 2019-69 The project is consistent with the General Plan and zoning designation. The combined development site is 1.46 acres and surrounded by urban uses. The site Reason(s) was previously developed with commercial uses and has no habitat for Exempt or Analysis endangered, rare or threatened species, The project will not result in any significant impacts related to traffic, noise, air quality or water quality according to the traffic impact analysis and with implementation of water quality requirements. The project can be served by all required utilities and public services. 75iA 09 CUP No. 2019-30 & VAR No, 2018-01 CUP No, 2019-31 September 9, 2019 Page 7 Strategic Plan Alignment, and Public Notification & Community Outreach Goal(s), Policy or 3, 2 (create new opportunities for businessljob growth and encourage private Policies development through new General Plan and Zoning Ordinance policies). Public Notification & Community Outreach Site posting A public notice was posted on the project site on August 30, 2019. _ Notification by mail was mailed to all property owners and Public Hearing Notification by mail occupants within 500 feet of the project site on August 30, 2019. Newspaper posting Newspaper posting was published in the Orange County Reporter on August 30, 2019, Additional Staff received one phone call from a resident voicing opposition to the proposed Measures car wash. Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit No. 2019-30 as conditioned, amendment to Variance No. 2018-01 as conditioned and Conditional Use Permit No. 2019-31 as conditioned. Selena Kelaher, AICP Associate Planner SK:sb S:%Planning Commissionl201919-9-191301 N. Tustin Ave - Car Wash CUM301 325 N. Tustin Ave SR 9RAWC.doe Exhibits: 1. Conditional Use Permit Resolution (Car wash) 2. Variance Resolution I 3. Conditional Use Permit Resolution (After-hours) A. Vicinity Zoning & Aerial View 5. Site Plan 6. Elevations 7. Renderings 8. Traffic Impact Analysis 7A?110 EXHIBIT H 75A-111 Planning and aullding Agency Planning Division 20 DMic center Phis PA. BOA 1988 (W20) Santa Ana, CA SM2 VARIANCE (iti4} 847�eo1 www.aanfa-ana.wlt Application Variance Requirement A Variance is required when, properties are proposed with development standards below the minimum standards of the zone A variance is allowed only when extraordinary or exceptional circumstances are applicable to the property involved or the use proposed Variance Purpose Clearly State the Ordinance Requirements Requested for Vanance Reduction of landscape setback requirement for 44' of Tustin Ave. frontage from 15'-0" required to 10'-T provided. III. Variance Justification The zone varurnce procedure is Intended to provide relief from zoning ordinance regulations that result in unintended inequities or hardships when applied to specisc properties and must not be a grant of special privilege [See Santa Ana Municipal Code ($AMC) Sections 41-639 (a)(2)(i). (n), (n), and {v) I The Zoning Administrator, Planning Commission, and City Council must make affirmative findings on all four items listed in the above mentioned Code sections d this request is to be approved Your concise responses to the following four criteria are asaenual [Please read $AMC Sections 41-638 (a)(2)t1l, tiA, (un), and (iv) carefully, they have been reproduced at the end of this fprm for your convenience I Section 41-638 (a)(2)(i) (special circumstances applicable) The City has directed the applicant to locate the cerwash tunnel against the southern properly line so as to improve street access and internal Circulation based on the city's evaluation, in doing this, keeping the 16 setback requirement in addition to the 2' dedication being granted to the city would reduce the carwash tunnel length to an unacceptable length in terms of its operational efficiency. As a compromise measure, it was aoceoted conceotually by Plannino and Public Works to allow for a 5' landscape a Section 41-63U (a)(2)(ii) (preservation of substantial property rights) if the landscape reduction is not approved, the applicant would be denied the opportunity to develop his property to create a carwash facility that is designed to operate at the highest efficiency, and with the highest possible return on the considerable investment required to develop a stat"f-the art express carwash. Par 102 onetibnnaw�nrrcx e,na 75A-112 Planning and eullding Agency Planning Dtvlalan 20 Click Canter Plan P.O. Box ION (111-20) sarrI2 Am, CA 92702 VARIANCE (714) "?Sou wwwAwnb"no.org Application Section 41-638 (a)(2)(1n) (public welFareand surrounding property) Allowing a landscape setback reduction improves the public welfare by allowing for sufficient room for turning motions into and and out of the wash tunnel, and to create a facility that will benefit the community by offering vehicle washing services that are both economical and environmentally desirable. Section 41-638 (a)12)(rv) (elfecl upon General Plan) There would be no effect on the General Plan by allowing this variance. IV. Addltlonal Notea; This is also a consideration that should be allowed by the city as consideration of the multiple dedications and easements required by the city for the betterment of all of its citizens, but with significant negative impacts for the applicant. VARIANCES OR MINOR EXCEPTIONS FINDINGS IN COMPLIANCE WITH SECTION 41-638 (a)(2) OF THE SANTAANA MUNICIPAL CODE (1) That because of special circumstances applicable to the subject property, Including size, shape topography, loralon or surroundings, the strict application of the zoning ordinance is found to dapnve the subject property or pir ileges not olherwise at variance with the Intent and purpose of the provisions of this chapter, (li) That the granting of a variance or minor exception is necessary for the preservation and enjoyment of one or more substantial property rights, (111) That the granting of a variance or minor exception will not be materially detrimental to the public welfare or inj unous to surrounding properly, (rv) That the granilrig of a vanance or minor exception will not adversely affect the general plan of the city Pegg 2 Of 2 vn'dx re m�rixaruro� 75A-113 Plannl ng and Building Agency Planning Dlvtelon 20 Civic Center Plaza P.O. aox ION IN-20) Santa Ans, CA 92102 (7141647.5804 www.santaana.org PLANNING DIVISION Gpnditfonal Use Permit Requirement CONDITIONAL USE PERMIT Application A CondlUcinal Use Permit is required for certain actrvrties and uses which are permr<ted by the zoning code, only d they can be found to be oDmpabble with surrounding uses These situations are considered Individually by the Planning Commission or Zoning Administrator on a rase -by -case basis 11 is up to the applicant for such a permit to show that the use being proposed is acceptable in the locahon proposed and is of general benefit to the City, compatible with a9 surrounding uses, and consistent w.th the City's Gan aral Plan Conditional lies Purpose Describe briefly the specific use(s) and improvements proposed - Demolition of existing gas station and carwash building - Construction of new 3,040 s.f. Gas Station Convenience Store - Construction of new 4,354 s.f. Express Carwash Facility - Construction of new 2,843 s.f. gas station canopy and new pump islands - Construction of trash enclosures - Construction of site improvements including paved parking areas, sidewalks, parking lot lighting, underground utilities and drainage systems and landscape planting and irrigation Conditional Use Justif cation -71 The conchbonal use procedure provides a method whereby specrric uses, not considered compa4ble as e Permitted ties in a zoning district, are afforded an opportunity to locate in the zoning district on the basis of a specific la bon provided certain Findings can be established [Santa Ana Municipal Code (SAMC) Sections 41£38 (a)(1)(i), (A), (III), (IV), and (v)l The Zonng Adminisbaior• Planning Commission, and City Council must make affirmative findings on all five items listed in the above mentroned code sections It this request is to be approved Your Concise responses to the following five criteria are essential IPlease read $AMC Sections 41-638 laj{t)li], (o)• (w), (iv), and (v) carefully, they have been reproduced at the end of this form for your convenience ] Section 41-638 (a)(1)(i) (necessary and desirable) The proposed improvements are necessary to provide gas sales and retail services for a freeway -oriented site. The project is consistent with the goals stated by city staff for the design and function of the facility. Section 41-638 (a)(1)(n) (heath, safety, and general welfare) The proposed project will not in any way negatively affect the health, safety and general welfare of the population. It features excellent site ingress, egress, and internal vehicle and pedestrian circulation. It also features Improved water quality management for all water runoff when compared with the existing facility. Page 1 of 2 cm•Amcur WS 75A-114 Planning and Bulldln0 Agency Planning Division 20 Civic Center Pion P.D. Box ISM (fA-201 Senta Ana, CA 92702 1714) 547-M04 www.aanlaana.org Section 41-038 (a)(1)(rir) (economic stability) CONDITIONAL USE PERMIT Application The project will feature gas sales and a convenience store branded by a major oil company The Express Carwash facility will provide desirable vehicle washing services, Both operations will be beneficial for the local community and for freeway commuters. Section 41$38 (a)(1)(w) (compliance with other regulatiors and conditions) The project has been fully reviewed by all city departments and when constructed will be in compliance with all federal, state and local codes. Sectran 41-638 (a)ll)iv) (effect on the General Plan) No effect on General Plan CONDITIONAL USE PERMITS FINDINGS IN COMPLIANCE WITH SECTION 41-38 (a)(1) OF THE SANTAANA MUNICIPAL CODE (I) That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or the community, and (n) That the proposed use will not, under the circumstances of the particular case, he detrimental to the health, safety, or general wefFare of persons residing or working in the wcmity, and (ra) That the proposed use will not adversely affect the present economic stability nr future economic development of property in the Surrounding area, (IV) That the proposed use will compty with the regulations and conditions specdrad in this chapter for such use, and (v) That the proposed use will not adversely affect the general plan of the city or any spwic plan applicable to the area of the proposed use P a;1r, 2 uP 2 vnuicCIIP 905 75A-115 EXHIBIT I 75A-116 MAYOR 6hgum A Pulido MAYOR PRO TEM Juan Vilregas COUNCILMEMSERS Caulla Iglesias naval Penalaxa VicerHa sarmi anln Jose Solaria .rune 11), 2014 Bundy -Finkel Architects ItTr Richard Finkel 1 120 RiOo€ Slrect, Stutc 120 Costa Mesa, CA 0262(i U CITY OF SANTA ANA Planning and Building Agency 2C Civic Cardeir Plaza . P O nor I Me Santa Ana, Ca!amia 92702 CITY MANAGER Krishna Ridge CITY ATTORNE I Srnia R Carvalho ACTING CLE-AK OF THE COUN0I Nrama Mare Ramirez subjecl• Russell -Fischer Car Wash and Gas Sttdion Ralnodcl, 301 b 325 North funllll Arcnuc. DP No 2019-14 (Master Ill No 2019-1511M) (plans dated 4t22iN and reccivW on 4'24)' 113) Dear Mr Ftnkcl Phank you For ynur Submlttnl tin• I111c propnstA C111151ruetIU11 oI un automated car wash and remodel of a gas station and Ctinsrnienec stole al -101 and 325 Nat-th Tustin Avenue AHer res teti tog y%WF proposal. the ['it}'N Dcsclopmcnt Ret ic% C'D imlttee [DRQ has prepared the following wininents that will assist you m cnsuring yuut pr0jec1 cnnlplICS with the C'11y's requtreinents These comments tnc based oil thr plans and information you pins•tded with your applwallon The Plinumig Division. Budding Safety Division, and 110kc Works Agency 11a\C tdriddied sknvral Ilcins that require a titrnml TeSuhnultal of ynur ptojecl To complete the Deselopinent Project Review process- ten t I (1) Sets of revised plans that address the attached DRC's contmcats aced to he vuhnutted. Plcase notr thul as proposcYl, yu111- project rcgmreY approwqi nfconditlunal use permlltsl and a t'arlancc Also utclttded III tilts loner I5 a detalled list of additional royuircrrielrls aactior wridutuns that you will awed to address betorc your project racervcs appros all Prior to submitting the cnnditlunal usC penrlit(s) and sarwnce appli,:annns. all of t[ic iNsueti related to completing Detelopmwnt Projeil RCVtesV that arc Ittitcd m the lt:nr.-r +Icccj to be uddresycd 5ANTA ANA CITY CPl1NC'L DP19 , '� afs!.•IA Alm .!.Y Su•Iw•IL• 331-- •rd :r -Sr.*.o �rrn•, oa aAl IX ! ayrc. n• Rln. r Ailyc� r`o l!1!•! Wy0 "A' • %V -r Wm] Y !� !!_£�A•rd N9 Jl l �.,_M L .':. 19,- e4 ir) ... .! 4 jy .'pyY' y"y Jc e_� •! • ! J d;•lr..!'•p-• y Ikv�sa _f!!II YLn �'!J 75A-117 Car S(atton remodel & Car Nash D? No.2019-14 Mmter 11) hn. 2019.151108 June 19, 2019 Page 2 of 2 Please keep in mind that Development project Review is valid for one year. Any submittal after the one year tune period, or the submittal of a different project at any time, will require the payment of new furs. Feel free to contact me if you have any questions, if you would like to schedule a meeting to discuss the attached comments or when you are ready to resubmit your revised plans. I can be reached by email at SKukthot(a.3anta-ana.org or by phone at (714) 667- 2740. Sincerely, Selena KcIaher, AICP Associate Planner SK: M Vkr {aPmu6 PmpeWDP p619.14 NI HTtI91R • Crr WxsRDAC Ic*,, DP 2019-14-Itoodl hwhcr U1 )25 N TLR9u dce 75A-118 MEMORANDUM 11 MCT AL 4-0275 TO; Finance $ ManagemenlServloes Ageary i��I Friday, April2.6, 2019 C FROM! Planning and Budding Agency t SUBJECT: Miscellaneous Cash Transacuon "^ � All fees are su blect to change at any time and may also be affected by scheduled adfus tments on July 1 of eath year The Payee must pay the Pre walling rate al the time payment is made 'ROJECT NAME Gas 61.610e11, RemOrlel and Car I'Vash MASTER ID # 2019-151108 PROJECT ADDRESS 301 N Tustin Ave, Santa Ana, CA 927D5-38X AP #400-032-03 Ipplication# DP.2019.14-NEW Permit# ISSUED TO Russet Fischer Partnership ADDRESS 16061 Beach 131wd Huntington Beach, CA 92647 1 Categorical E9empl4bhnmriviron me^Lai Determ-naFicn 7 l7euelepment Prorad Review Comments DP-2019-14 tsssed By Kel Ater. Se lena(Planning and Bur ldin g Ageney) NOTES: For payment to be considered complete. a M isceElaneous Cash Trs nsaettun (MCT) must be paid in full App{idant must return to Planning with stamped cashier validation of the paid MCT for closure in the Planning system Page 3 of 3 1 0000 5633 54 6633 54 011 t6Q02 5MO7 1 DODO 519.918 80 819,918 88 011 t6CO2 53616 t. Rsf:. rt ,yti s:9155f' • r i4F f: ".411NEh`HI}• k5;37 41a.•..,y [;•�,au..,.rr+•3�FN Al -t I•v: f171 '+rlt TOTAL FACT AMOUNT. $ 20,552.34 G� Account # 01116002 53607 01116002 53616 I4tI? 8633 54 519,916 60 DP II 14 75A-119 Discretionary Action New Submittal Case Planner: Kelaher, Selena Distribution List: 0 Planning - CasePlanner ® Planning -Planning File Planning - Urban Planner 0 Building Department E1 City Attorney ® Housing ❑ Parks. Recreation 8 Comm Services Phone Number: 714-667-2740 skelaher@santa-ana org ® Police Department ® Public Works Development • Public Works - Traffic • Public Works - Water (ZNiP ® OCFA (SR #278903) ❑ Other Project Information DP#: DP-2019-14-NEW MID#: 2019-151108 ERM Date Submitted: 0510112019 Expedited: ❑ Draft Comments Due: 0512)12019 Project Name: Gas Station Remodel and Car Wash DRC Meeting Date: 0512312019 Street Address: 30' N Tustin Ave Final Comments Due: 0512812019 Applicant: Finkel, Richard Keith Request Site Plan Review For: Conditional Use Permit lVariance Zoning: P GP: PAO Redev. Area: NA Project Description: The applicant Is proposing to remodel the existing gas station and convenience store at 325 N Tustin and to construct a new automated car wash at 301 N Tustin A lot line adjustment is also proposed A CUP will be required for the car wash and for 24-hour operation of the convenience store A Variance wfil be required for the reduced franl landscape yard on Tustin Avenue 75A-120 EXHIBIT J 75A-121 €— Za 011 BMET s,N � n �"g1.i1T'v •J.C'� b s' I Y Q1 y f T m J- Ell _ r � F i i[ g C r_ gyp`p ,:. souRCE: BuNDY—nNKEL ARCHITECTS FIGURE 2-2�NO SCALE PROPOSED SITE PLAN TUSTIN AVENUE RETAIL. SANTA ANA 75A-122 5tr-£ anuaAV u11snl gVIDN SZE Pue TOE OT-STOZ'ON aVA U-6T6Z ON dn:) 'OE-610Z 'ON JnD auO35 11ela8 ig ysem ie:) NVId 3115 - 511E1Hx3 ❑ ❑ ❑ ❑ _ ❑ - - Mn -....1 .I ` ..1; El El !a �E ❑Li m H m� 'J El LJ L)-- - - _ e _❑ E { » m ❑ 71 I SITE PLAN for 2019 Revised Project - Russell Fischer Express Car Wash 75A-123 EXHIBIT K 75A-124 Irvine Advisory Group, LLC Horne I News I Prujeets I Links [ Contact Us IAG Advisory Committee Paul Dadgar, Principal of Irvine Advisory Group, LLC, Is proud to announce the formation of its Advisory Committee, The Members of the committee are all independent professionals with ties to the Car Wash & Service Station Industry and Capital Markets. Some of the Members include: Robert Geringer, President Geringer Capital, Investment Bankers Mr. Geringer is an experienced and diversely skilled entrepreneur in a variety of industries, with a particular focus on real estate. He has participated in the management of numerous private and public real estate development companies in various locations across the United States. His business acumen draws upon his years as an accomplished tax and business attorney, whereby he gained practical and legal experience in development, finance, taxation, syndications, mergers and acquisitions, and creative financing solutions to maximize real estate values. Highly experienced In all sectors of real estate development, Mr. Geringer has achieved great success in the development of commercial and residential real estate projects in California, New Mexico, Tennessee and Texas. Mr. Geringer received a B.A. in Economics from UCLA, a J.D. from Southwestern University School of Law, and an LL.M. in Tax Law from New York University School of Law. Robert ]. Roman, President, RJR. Enterprises, Carwash Advisors RJR Enterprises provides consulting services for start-ups and going concerns. The firm specializes in location assessment, feasibility study, strategic planning and opinion of value. Before forming RJR Enterprises, Robert was involved in Carwash management and owned and operated carwash, quick oll change and detail shop businesses. Prior to this, Robert was employed as environmental program manager For local and state agencies. Robert holds degrees in Business Administration from University of South Florida and has advanced training in travel demand forecasting, pollution prevention and automotive technology. Robert Is also a contributing editor to Auto Laundry News, the carwash industres leading trade .journal. Ken Green Fuel Pros J Wash Pros Ken Green is currently Vic President of Fuel Pros & Wash Pros has over 30 years of experience in construction, sales, service and maintenance of the service station & car wash equipment business. Fuel Pros & Wash Pros headquarters, warehouse and Central Service Center is located in Chino, CA, Fuel Pros, Inc. (Fuel Pros) is a dynamic, service oriented, construction, maintenance, and testing company committed to providing superior professionalism to ali operators of fueling systems, carwashes, convenience stores, and card locks. The Company provides service primarily in Southern California but is proficient throughout the State. The company's Car Wash division has an exclusive Affiliation Agreement with a company founded by Mr. Dadgar called American Carwash Equipment Solutions (ACES) providing ACES technicians and mechanics proficient in the installation and 75A-125 maintenance of all major carwash systems. Richard Keith Finkel, A.I.A., Principal, Bundy Finkel Architects A graduate of Cal State Polytechnic University at Pomona (1984, Bachelor of Architecture) and Pierce College, Woodland Hills, CA (1980, Associate of Arts), Mr. Finkel has been a Principal at Bundy -Finkel Architects in Newport Beach, CA since July 1991. His duties include marketing, design„ construction administration, CAD operations and general office administration. From August 1989 to July 1991, Mr. Finkel was Principal and Director of Operations at Blomgren Associates Architects, Orange„ CA. His dirties included marketing, design, construction administration and overseeing production operations including CAD system. He served as Project Architect from May 1984 - August 1989 at LPA, Inc. in orange, CA. His duties included project management, creation of working drawings and specifications packages for commercial, industrial, and office projects. Prior to holding that position, Mr. Finkel worked as Project Manager at Arnel Development, Tustin, CA. He also taught Architecture Design at Saddleback College in Mission Viejo, CA from August 1994 June 1995. Mr. Flnkel holds the following licenses: California State License # C19014, Nevada License 154311, Arizona License 9l35328, Colorado License #305951, and Maryland License 412165, Scott Strong, President Strong, Inc., Specialty Construction Contractor After graduating from high school in 1985, Mr. Strong began working full-tlme constructlon during the day and attended full time college at night. In 1991, he graduated a B.S. in Engineering & Construction Management from California State University at Long Beach. Prior to starting Strong Inc., Mr. Strong was the Vice President of United Pacific Environmental which speclalixed in fueling system work, environmental clean-up and service station construction. Since 1998, Scott Strong has led Strong Inc. in construction of gas stations, carwashes, truck stops and fueling systems. From remodels, to facility upgrades to ground -up construction, Strong provides up -front consultation, cost analysis, and turd -key construction contracting. Strong Inc. is based in the Long Beach area and operates throughout southern California. Steven Elser and Kurt Wagenknecht, Partners in X12 Architects Inc., Architects Kurt P. Wagenknecht and Steven C. Elser formed K12 Architects in June of 1998. Based in Sacramento, California, K12 Architects provides comprehensive architectural services for a variety of project types including, car washes, fuel stations, retail, office, industrial, and commercial buildings. With over 25 years experience, Elser and Wagenknecht have constructed many high end Full Service and Express Exterior Car Washes throughout Northern California. Their services Include project evaluations, site evaluations, master planning, program analysis, construction cost estimates, design„ construction documents, and construction administration. Michael Geyer, President of Auto Convenience Centers & ARCO AM/PM® As managing partner of Ramon Canyon Associates, L.P. since 1993, Mr. Geyer completed the land acquisition, planning, permit approval process, secured the necessary financing and constructed an auto center on 1.6 acres of land in Cathedral City, Callfornia. The site has been improved with a 3,200 square foot ARCO AM/PM9 convenience store/gas station and 4,900 square foot full service Hand Car Wash and Detail Center. He concurrently formed Auto Convenience Centers (ACC), a California corporation, to own and operate the Cathedral City ARCO franchise and car wash business. ACC has operated the AM/PM and car wash From May, 1995 through 75A-126 October 2007. In early 2000 Mr. Geyer began development processing, as a managing partner of Eagle Plaza LLC, for a 2.1 acre site in the City of La Mirada, County of Los Angeles. The project consists of a 3,200 square foot ARCO AM/PNI(e), an attached 2,500 square foot fast food restaurant w�drive thru and a non -branded five fueling position large truck diesel fueling canopy. The project opened In juiy or 2003, and in 2007 ranked in the top 1% for ARCO AMIPM@ franchised operators, generating in excess of $23,000,000 In sales. Geyer was selected by the BP ARCO Leadership Team to serve on the inaugural Franchise Advisory Council, Steve Welge, Vice President of Hi-Def Lighting & Electrical, Inc. Mr. Welge has worked in the construction industry since 1984. Prior to helping start Hi-Def Lighting & Electrical, Inc, In 2013, Steve worked in several positions at Fillner Construction, Inc. from 1990 until 2013 which included President beginning in 1998. Prior to joining Fillner, Steve worked in several positions at ARCO from 1984 until 1.990, including construction engineer, environmental compliance officer, and head of maintenance. Steve has a BS In Engineering from UNR and an MBA from SCU. Steve joined Fillner as a Project Manager/Estimator, then moved on to real estate acquisitions/sales, project entitlements, and financial assessment of various development projects. Hi-Def Lighting & Electrical, Inc. is a one -stop shop for commercial electrical and energy efficiency measuros primarily targeting LED lighting retrofits. The two partners (Steve Welge and Eric Dickson) each have over 30 years in the service station industry. Steve's background is primarily general construction, development and finance. Eric's background is in commercial electrical [specializing in fuel facilities]. Eric is also very active in this Industry and has served as a trainer for WECA, member and trainer for the CA Electrical Inspectors Association, and as a reviewer for portions of the NEC during their code review every three years. Hi-Def is based in Rocklin, CA (Sacramento region), and operates throughout Northern California. Hi-Def provides both design -bid -build, and design -build services for electrical. Chantal M. Mariotti, Executive HR Consulting Group, HR Consultants Ms. Marlottl founded Executive HR Consulting Group, Inc., in April, 2003, providing full range of HR services - fiom labor relations to training and employee relations. The company serves a number of industries, including the car wash industry, restaurant and hospitality, architectural, banking, scientific, internet and retail. With a high level of experience in customer service, Executive HR Consulting Group understands how to become a business partner with their clients. A graduate of the Institute Chateaubriand in Cannes, France, Chantal was initiated to the HR field in both the banking and insurance industries. She then started her career in hospitality human resources in the lodging industry and worked with Hyatt Hotels for nine years. Her experience Includes working in both union and non -union environments and successfully implemented the "shared -services" concept, directing two properties simultaneously. Throughout her career, Chantal has successfully negotiated numerous labor- management agreements with various labor union organizations, and served as Trustee on the Los Angeles Hotel and Restaurant, Ernployer/Union Trust Fund. She is an active member of the California Chamber of Commerce, The Society for Human Resources Management, Professionals in Human Resources, The Employment Management Association and the California Restaurant Association. Copvright�D 2016 Irvine Advmry Group, LLC All rights resa , 75A-127 75A-128 Irvine Advisory Group. LLC News I Projects l Links l Contact Us ,Irvine Advisory Group is a consultancy ocaded 6y Fa,:er Cladgar that has speciahzed in all facets of the carwash industry for over 75 years. Services: Irvine Advisory Group provides assistance and independent analysis to operators currently in the carwash industry, developers, U5 and International investors in the fallowing areas: • Customized Research Reports & Consulting Studies for Strategic Planning and Mergers & Acquisitions • Development Services & Support to Builders - Feasibility Studies, Demand Analysis & Site Recommendations • Transaction Funding Strategies & Recommendations • Equipment Financing and Leasing Programs • All Aspects of Full Service, Flex Service Express Exterior Operations and Management Recent Flews (C1ick fol FresS Releases and Arild+esj Lakewood Car Wash Reopens! Case Study: Cruiser's CarWash Car Wash Case Study - Cruisers Car W... F;-] Paul nadgar, Principal Paul dadgar has been actively Involved Ill the Car Wash and Service Station industries for over 25 years. In the late 80`s to early 90's Mr. Uadgar was involved In providing financing to the car wash, service station and alter automotive related industries. In the mid LWO0 Mr fladgar faa*ed on providing mergers and acquisition support services to car A -ash and service station business Owners. The firm was also involved in consulting Investors in other high cash flaw real estate ventures. In 1997 Paul Dadgar founded Carwash of America, LLC, a car wash company, funded by wall street investors that owned and operated ten (N) Ful I•Service Car Washes with branded Seivloe Stations and Fire (5) Jiffy Lu bes. Today, Mr. Dadgar is active In all aspects of the firm'5 consulting $ development efforts nationally. He is intensely pas5iomte about the industry and has a deep understanding of the business. He has been a featured speaker at car wash oonventlons and authored car wash related articles for Industry trade magazines. consulting Rates Fiff out fh is form- 75A-129 77042h Irvine Advisory Group, LLC Home I News I Links I Contact Us Carwash Projects and Business Strategies Consulting Services Expanded n Irvine Advisory Group, LLC provides consulting services to private research firms that serve the investment community worldwide. Mr. oadgar, makes scheduled presentations to the Firms' clientele who are researching the car wash industry and include well known Private Equity Firms, Pension Funds, Asset Managers, Investment Banks, and Venture Capital firms with over $300 billion of assets under management. American Canwash Equipment Solutions (ACES) A meriewa -C arwmh Egvipmcrzt ,Rosman °` S nlr.rtionx We Are C"arwash AI.'iiH Paul padgar is the founder of ACES, a full line distributor of some the finest car wash equipment in the industry. The company works with a network of distributors that have over 50 years of combined history in equipment distribution, installation, service and repair. ACES projects are some of Hie first to Comply with the National Carwash Installatlon Standard ` (NCIS'") originated by one of its affiliates and which will soon become an industry benchmark. The company offers car wash operators several specialized ,programs such as the Hybrid Car Wash System"', Express Exterior Enhancement Package'", Min Max In -Bay )[press'"', In Say Express Plus'" (EDR) and the Instaflex Conversion Program". Business Growth Strategies ffiaNASCAR CARWASH and Irvine Advisory Group, LLC entered into an agreement whereby IAG will assistance the company in its strategic growth plans to develop into a national chain. IAG has made introductions to investors both for the purpose of raising private equity and entering into licensing agreements to build, own and operate NASCAR CARVNIASH locatlons in selective regions of the USA. Collaborating for Success Irvine Advisor Group, LLC provides FasGXpress general advisory services in So California. In addition IIAG through its affiliations with car wash equipment manufactures has provided the company with its state-of-the-art central vacuum system. Fast 5 Xpress Is the Fastest growing Express Exterior Canvash chain in Southern California. Investor Services to the Detail Industry 75A-130 Irvine Advisory Group provided general consulting services to the owner of Beach Cities Car Wash & Detail. The Detail Shop is one of the most successful in Southern California, currently servicing many high end exotic dealerships. Business Planning and Implementation Irvine Advisory Group, LLC was chosen by this 50 year old chain, once the largest regional chain in California, to assist the family owned company with its next generation Wategic plans. Beacon v+' a�s 00N Bay owned some of the finest car wash and detail shops in 'r orange County including the crown jewel of the chain in Newport AUTO WASH Beach at Fashion Island. Redevelopment and Modernization from Full Service to Flex Service Car Wash l fi ■! W 0 0 LAG worked with the client to develop a modern Flex Service model operation. The effort was extensive and included working with the contractor to remodeling and modernizing a — year old facility to include a new equipment room, new boutique and comfortable waiting area for customers. Many State of the Art Innovations were Incorporated in the car wash including: This venerable SD year old facility undenkent extensive remodeling and reopened as a new, modern Flex Service operation, featuring a new boutique and comfortable waiting area for customers. The car wash tunnel was remodeled with construction work necessary to support a new conveyor system and state-of-the-art all cloth equipment including on-line tire dressing and most recently a Dry N Shine'". The conveyor and tunnel are approximately 160 feet long, so IAG incorporated multiple services and marketing packages including an online express wax process called California Speed VJaxT" FAG recognized that there will be new innovations both in equipment, marketing and new product lines and has provided for the additlon of all these updates in the design parameters of the tunnel. IAG also worked with Vacutech Systems to incorporate a specialized central vacuum system for the Express Detail area and the customer Self Service Vehicle Enhance Center. The car wash is designed to incorporate automated pay stations and gates, which will also include a new PC's to be incorporated in later phases of the modernization plan. Washlink Systems provided the car wash with a new Motor Control Center and Variable Frequency Drives for power conservation. Recognizing the concerns related to environmental stewardship & Issues with California's drought, IAG also incorporated and elaborate water saving reclaim and RIO system capable of greatly reducing the amount of fresh water used in the wash process. Strategic Expansion Plans for a Chain of Washes and Quick Lube Business IAG provided strategic market data and other strategic planning services to a client that acquired a chain including two full service carwashes a self- service carwash and quick rube. The transactlon was settled privately as both parties preferred that the information remain confidential. IAG was also responsible for providing the company recommendations it needed to maintain its competitive advantages and building on its management infrastructure. Consolidate Through Mergers and Acquisitions with Public Exit Plan IAG has acquired several washes for the client and identified other M&A candidatesIAG is involved in the strategic growth plans of a client that is diverslfying their existing business portfolio by acquiring and operating Full Service and Express Exterior car wash businesses. The clients' business plan was to acquire multiple sites In their metropolitan trade area and ultimately 75A-131 seek an exit strategy in the public or private equity markets, IAG has also provided consulting services related to marketing, management oversight, sales training and operational policies and procedures. Conversion of a Full Service CW to an Express Exterior Car Wash OftoIAG represents a client who acquired an old full service carwash which had been neglected for the past 10 years. The clients' strategy was to acquire the location, secure permits to remodel, re -equip then re -introduce the business as a state of the art Express Exterior Car Wash. A great deal of research was done to insure that the new model would find favor and success within the community. IAG also helped the client research and secure significant community redevelopment funds and tax benefits through the state and local utilities, Working with a Public Company to Introduce a New Carwash Franchise Mr. Dadgar along with other consultants were chosen and exclusively hired by a large publicly held company to support its entry into the carwash industry. Mr. Dadgar was involved in providing predevelopment location grn416 IISH andtechnical matrix, osite studies, ain ng of equipment menu andprsite m a nagers, train i ng the CaaW trainer programs, and selection of the operating business model. Mr. Clean Performance Car Wash is a National Franchise in the Car Wash Industry. Exterior Carwash Development IAG spent two years researching the exterior car wash Industry, meeting with some of the largest Family owned operations and equipment manufacturers, reviewing site characteristics and demographics and various operating business models across the United States. IAG now brings this experience and business know how to its clientele, throughout California. Subsequently, Mr, Dadgar was involved in the planning, development, construction and operations of his own Express Exterior Garwash. IAG is working with developers & investors throughout the State of California who are in various stages of development with similar Express Exterior Car Wash projects. CopVryht i9 2019 rrNnp rlrly�5[ny Gr��D. I I,[, AIr right; reserved. 75A-132 HAND CERAMIC XFRESS DETAIL WASH COATINGS &A WASH SERVICES - r . .. _ - •`^^Mar I _.. ABOUT US For over 30 years, Russell Fischer Car Care has set the standard for vehicle maintenance. Wherever you are, whatever vehicle you drive, you'll find no Car Wash does it better than Russell Fischer. We are committed to our customer with fast, qualityvehicle service to preserve the health of your vehicle for years to come. Year on year, we maintain a 99.5% cu stomer satisfaction rate and have washed over 12 million vehicles! With three Full -Service car care centers and two Xpress car washes in Huntington Beach, Santa Ana, & San Clemente, Russell Fischer is one of the largest systems of company operated service centers in the car care industry offering quality xpress and premium hand car washes, detail services and ceramic pro permanent paint protection. Headquartered in Huntington Beach, California, we are centrally located to ensure each of our locations receive the love and care that they deserve. Remember, a clean car is a happy car! a.ntington Beach. CA 22 folluwers See all 9 employees on Llnkeddn -1 About us For over 25 years, Russell Fischer Car Care has set the standard for vehicle maintenance. wherever you are, whatever vehicle you drive, you'll find no Car Care Center does it better than Russel3 Fischer. We are committed to our customer vrith fast, quality vehicle service to -preserve the health of your vehicle for years to corm, Year an year, Pre maintain a 99.5% customer satisfaction rate and love washed nver 11.5 millior• vehicles] whh three full servi•ae car rare renters and threes spross car v+ashes- In Grange County, Rils.se11 Fischer is one of the largest systems at company operated service centers in the car care indush V. Headquartered in Huntington Beach, California, xe are centrally located to ensure each of our locations receive the love and care that [hey deserve: Remember, a clew car is a hapoy ca rl Wells" htrp:jfwww. russetlf ischer. cam Headquarters Huah"ton Reach, CA Year Founded 1957 Company Type Partnership Size 201-500 employees IRS5 F Employees at Russell Fischer Partnership People also viewed Mardicorp Rear Estate 11-60 employees Golden Tutors �OL4EH Education Managemen 1-10 employees BHIC LLC - RollanbacF Financial Services Abode LLC Real Estate 1-10 employees 8HYC, LLC In etc, 1.11 investment Managemei 11-5;o employees Commonii ith Par tni ...... ,., a, Commercial Real Eszalf 51-200 employees 75A-135 EXHIBIT L 75A-136 ESC[3N DI DO City rq CITY COUNCIL STAFF REPORT ' Public Hearing Item No. 9 May 23, 2018 File No. 0810-20 SUBJECT: Amendments to the Escondido Zoning Code, East Valley Parkway Area Plan, and South Centre City Specific Plan to Limit Canvash Facilities and Maximize the City's Ability to Exercise Discretionary Review of Carwash Facility Applications (AZ 18-0003) DEPARTMENT Community Development Department, Planning Division RECOMMENDATION: It is requested that the City Council introduce Ordinance No. 2018-13 to amend Article 16 (Commercial Zones), Article 26 (Industrial Zones), and Article 57 (Miscellaneous Use Restrictions) of the Escondido Zoning Code; amend Table 4.1 of the East Valley Parkway Area Plan; and amend Table 4.2 of South Centre City Specific Plan to enhance land use regulations for carwash facilities. PROJECT DESCRIPTION: The Project involves an update of various City codes and regulations to maximize the City's ability to exercise discretionary review of carwash facility applications. The purpose and intent of this Zoning Code Amendment is to list "carwash and detailing" as a conditionally permitted use in zones where the use is currently permitted by -right, while also establishing appropriate standards to allow for the typical range of activities typically associated with carwash primary or accessory uses, while standardizing mitigation for the associated undesirable impacts. The proposed Zoning Code Amendments also requires ancillary and conforming amendments to the East Valley Parkway Area Plan and South Centre City Specific Plan to ensure self -storage facilities are reviewed and considered consistently, citywide. PLANNING COMMISSION ACTION: On April 24, 2018, the Planning Commission adopted Planning Commission Resolution No. 6118, recommending that the City Council approve the proposed amendments, by a 5-0 vote (Commissioner Cohen absent and Commissioner Watson recused himself). The April 24, 2018, Planning Commission meeting minutes and staff report are included for reference as Attachment 1 and Attachment 2 to this report, respectively. ENVIRONMENTAL REVIEW: The proposed Zoning Code Amendments are exempt from environmental review in conformance with California Environmental Quality Act Guidelines ("CEQA" and "CEQA Guidelines") Section 15061(b)(3) since there would be no possibility of a significant effect on the environment because the amendments will not directly result in development. Projects seeking to implement the amended provisions of the code that regulate self -storage facilities would be subject to separate review under S[arf 1 purt - Council 75A-137 Amendments to the Zoning Code and Specific Plans (AZ 18-0003) May 23, 2018 Page 2 the California Environmental Quality Act (CEQA). Therefore, pursuant to CEQA Guidelines Section 15061 (b)(3), the proposed Zoning Code and Specific Plan Amendment does not have the potential for causing a significant effect on the environment and is not subject to CEQA review. BACKGROUND: Business owners and operators in the carwash service industry have experienced steady growth over the past six (6) years, as the economy began to recover and car ownership increased, While at the same time, lower gas prices have also translated to a greater amount of personal car use, which has had a positive impact on car service -based business. Although car -use demand within the industry is expected to continue, it is expected to be a slower pace than the previous six (6) year period. Concern was expressed at a recent City Council meeting that a proliferation of new carwash facilities could lead to over -saturation of this particular use that tends to utilize prime commercial land and provides little economic benefit to the City. It is estimated there are approximately 29 carwash facilities in the City now with four (4) more in planning stages or under construction. In response, the City Council exercised its judgement to halt permitting for additional carwashes or expansions of existing facilities. Given uncertainty about the adequacy of existing carwash related regulations, a carwash moratorium was adopted on May 2, 2018. The intent of the moratorium was to temporarily halt permitting for additional carwashes or expansions of existing facilities so that the City could study the potential effects of the proposed use and establish new, permanent regulations. Through the May 2, 2018, adoption of the interim ordinance, the City Council effectively added consideration of a carwash ordinance to the ordinance priority list. The current moratorium is in effect until June 16, 2108. The moratorium could be renewed for a total duration of two (2) years after public notice and public hearings, if needed. Carwash facilities are listed as a permitted use in the CG (General Commercial) Zone and also have been approved administratively as "automotive services" in the M-1 (Light Industrial) and M-2 (General Industrial) Zones. Escondido has the most ,permissive policy towards carwashas compared to other agencies in North County. All other North County cities (San Marcos, Vista, Oceanside, Carlsbad, Encinitas, Solana Beach, and Del Mar) a]I require planning commission or city council approval for carwash facilities through issuance of a conditional use permit. City staff has conducted an extensive review of the legal, policy, and neighborhood compatibility - related issues involved in regulating carwash facilities. This review has included evaluation of regulations adopted by other California cities and counties, as well as the recommendations of the American Planning Association (APA). It is important that the City take the time provided by the interim ordinance to carefully and thoughtfully assess the impacts generally created by these types of uses in commercial or industrial areas, and develop regulations that are tailored to the impacts and protect the community. Since the moratorium was adopted on May 2, 2018, significant progress has been made and code amendments have been drafted to follow-up and meet the objectives of the interim ordinance. Overall, the approach to the issues outlined in the interim urgency ordinance are 75A-138 Amendments to the Zoning Code and Specific Plans (AZ 18-0003) May 23, 2018 Page 3 same as those presented to the Planning Commission on April 24, 2018, as set forth in Attachment 1, and provided in Exhibit B to draft Ordinance No. 2018-13. The Zoning Code and Specific Plan Amendments propose to change the use allowance to require a conditional use permit for any new carwash facilities. City staff also recommends adding supplemental index criteria to the development regulations to mitigate for potentially undesirable conditions for adjacent properties. The intent is to ensure that new development does not negatively impact surrounding residences or businesses. Additional special use regulations or supplemental index criteria has been created in Article 57 to support the City's adopted goals, policies and plans for future land use and development. As proposed in Article 57, special use regulations would include bay enclosures, vacuum stations, and airborne particle control. Potential noise issues are already addressed by the City's Noise Ordinance, Because Section 33-341 of the Escondido Zoning Code already addresses and includes provisions for commercial drive -through facilities, staff recommends this section be referenced for automated carwash facilities, regardless of zone district type. APPROVED AND ACKNOWLEDGED ELECTRONICALLY BY: Biff.'ARart in, Directa rof Community Development 511712018 10:18 a.m. ATTACHMENTS: WIike Strong, Assistant Director of Planning 511712018 5:51 a.m. 1. Attachment 1 — April 24, 2018 Planning Commission Meeting Minutes 2. Attachment 2 — April 24, 2018 Planning Commission staff report 3. Ordinance No. 2018-13 4. Ordinance No. 2018-13 — Exhibits "A" and °B" 75A-139 Planning Commission 04/24/18 ATTACHMENT 1 are more closely aligned with critical overarching economic goals of the city, while also addressing concerns about certain types of businesses and neighborhood compatibility. Commissioner Weiler and Mr. Strong discussed Item H, on Page 7 of the staff report as well as a clarification of the scope of analysis required for existing storage facilities looking to expand. Mr. Strong clarified that the proposed demand analysis and economic impact study would not change the nature of existing property owner/operator rights. Commissioner McNair and staff discussed the requirements for new storage facilities. Commissioner Watson and staff discussed Item B on Page 3 of the staff report. Commissioner Watson expressed his concern with the use of the word, .obnoxious" as outlined on Item C on Page 7 of the staff report. Mr. Strong indicated that the word "obnoxious" could be interpreted as different meanings. Mr. Strong stated that it is existing language and the focus of the Zoning Code Amendment was to not change existing criteria, but rather to expand upon it. Mr. Strong notes that the Commission could suggest replacement language as part of their recommendation to City Council. Commissioner Weiler supported staffs recommendation and suggested allowing storage facilities in other industrial zones, such as M2 zones. Vice -chair Romo was apposed to allowing storage facilities in the M1 and M2 zones, feeling there were better economic uses for those areas, He was in favor of limiting the proliferation of storage facilities. Chair Spann felt the market would dictate whether storage facilities were warranted. ACTION: Moved by Vice -Chair Roma, seconded by Commissioner McNair, to approve staffs recommendation. Motion carried unanimously. (6-0) 2. ZONING CODE AMENDMENT — AZ 18-0003: REQUEST! Amendment to the Escondido Zoning Code to maximize the City's ability to exercise discretionary review of drive -through car wash and detailing land 75A-140 Planning Commission 04/24/18 - May 23. 201 S City Council Staff Report AZ1 B-0003 Attachment 1 Page 2 of 2 use applications. No development project is proposed. The proposal also includes the adoption of the environmental determination prepared for the project. PROPERTY SIZE AND LOCATION: Citywide Commissioner Watson recused himself from Item 2. Mike Strong, Assistant Planning Director, referenced the staff report and noted staff recommended approval of the proposed Zoning Code and Specific Plan Amendments for the following reasons: The Zoning Code Amendment clarifies land use authorization for car -wash facilities in industrial zones. The Zoning Code and Specific Plan Amendments maximize the City's ability to exercise discretionary review of car -wash applications. Discretionary review is a higher level of review of land use development applications. The decision -maker may exercise discretion in granting approval of car -wash and detailing proposals. The proposed amendment creates new land development regulations for car wash (primary use or accessory use) proposals. These proposed special use regulations would apply citywide to all existing and proposed specific plans, master plans, and related amendments. The Zoning Code Amendment makes it clear that the new terms and limitations do not apply to temporary not -for -profit car wash activities that occur on not more than three (3) consecutive days, which would continue to be subject to Temporary Use Permits. Mr. Strong also noted that the proposed language provides exception criteria for temporary non -for -profit car wash activities and suggested that the exceptions should also apply to mobile detailers or temporary for -profit businesses. Vice -chair Roma and staff discussed the requirements for self-service car wash facilities. ACTION: Moved by Commissioner Weiler, seconded by Vice -chair Roma, to approve staffs recommendation, Motion carried. Ayes: Garcia, McNair, Spann, Roma, and Weiler. Noes: None. Recused: Watson. (5-0-1) 75A-141 ATTACH AENT 2 ESCONDIDO Cary of Croke� Agenda Item No.: I_2 Date: April 24, 2018 CASE NUMBER: APPLICANT LOCATION AZ 18-0003 City of Escondido Citywide TYPE OF PROJECT: Zoning Code and Specific Plan Amendments PROJECT DESCRIPTION: A proposal to modify Article 16 (Commercial Zones), Article 26 (Industrial Zones) and Article 57 (Miscellaneous Use Restrictions) of the Escondido Zoning Code to maximize the City's ability to exercise discretionary review of car wash and detailing land use applications. The Zoning Code Amendment requires ancillary and conforming amendments to the South Centre City Specific Plan and East Valley Parkway Area Plan to ensure car -wash facilities are reviewed and considered consistently, citywide. No development project is proposed. The proposal also includes the adoption of the environmental determination prepared for the project. STAFF RECOMMENDATION: Recommend the City Council approve the proposed Amendments described in Exhibit "B." BACKGROUNDISUMMARY OF ISSUES: Car -wash and detailing uses typically service motor vehicles and domestic equipment owned by residents in the surrounding neighborhoods. However, car wash and detailing uses have the potential to generate undesirable conditions for adjacent properties. Airborne mist, odors from chemicals and vehicle exhaust, and noise from vacuums, pumps, pressurized sprayers, dryers, engines and oar stereos are examples of common impacts generated by these uses. The impacts can be detrimental to the quality of life for adjacent residents and disruptive to adjacent businesses. Concern was expressed at a recent City Council meeting that a proliferation of new carwash facilities could lead to over -saturation of this particular use that tends to utilize prime commercial land and provides little economic benefit to the city. It is estimated there are approximately 28 carwash facilities in the city now with four or five more in planning or under construction. It is anticipated that a canvash moratorium will be considered as an urgency ordinance by the City Council on May 2, 2018- The intent of the moratorium would be to halt additional carwashes or expansions of existing facilities until updated regulations can be implemented. The purpose and intent of this Zoning Code Amendment is to list "car -wash and detailing" as a conditionally permitted use in zones where the use is currently permitted by -right, while also establishing appropriate standards which allow for the typical range of activities, while standardizing mitigation for the associated undesirable impacts. The proposed Zoning Code Amendment would treat self-service car wash facilities the same as automated car -wash facilities; however, some of the proposed special use regulations would apply only to the drive -through, automated car -wash facilities. REASONS FOR STAFF RECOMMENDATION: Staff recommends approval of the proposed .Zoning Code and Specific Plan Amendments for the following reasons 75A-142 May 21. 2014 Ck Coumil Staff Reps! AZV8 M03 kachftwnt 2 Page 2 of T • The Zoning Code Amendment clarifies land use authorization for car -wash facilities in industrial zones. • The Zoning Code and Specific Plan Amendments maximize the City's ability to exercise discretionary review of car -wash applications. Discretionary review is a higher level of review of land use development applications. The decision -maker may exercise discretion in granting approval of car -wash and detailing proposals. • The proposed amendment creates new land development regulations for car wash (primary use or accessory use) proposals. These proposed special use regulations would apply citywide to all existing and proposed specific plans, master plans, and related amendments. The Zoning Code Amendment makes it clear that the new terms and limitations do not apply to temporary not -for -profit car wash activities that occur on not more than three (3) consecutive days, which would continue to be subject to Temporary Use Permits. Respectfully Submitted, Mike Strong Assistant Planning Director EXHIBITS: A Factors to be Considered/Findings of Fact e Proposed Zoning Code and Specific Plan Amendments 2 75A-143 May 23, 218 City Council Staff Rapan AZU- P3 Ftta[hm l2 Pago 3M7 ENVIRONMENTAL ANALYSIS: The proposed Zoning Code and Specific Plan Amendments are exempt from CEQA, pursuant to Section 15061 (b)(3). The activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. The proposed Zoning Code and Specific Plan Amendments would not, in and of themselves, result in development or any other material change to the environment. Projects seeking to implement the amended provisions of the code that regulate car wash facilities would be subject to separate review under the California Environmental Quality Act (CEGA). Therefore, pursuant to CEGA Guidelines Section 15061(b)(3), the proposed Zoning Code and Specific Plan Amendment does not have the potential for causing a significant effect on the environment and is not subject to CEQA review. ZONING CODE AND SPECIFIC PLAN AMENDMENT ANALYSIS: Currently, car -wash and detailing facilities are a listed use in the Commercial Zone (Article 16) portion of the Escondido Zoning Code. Article 16 does not differentiate between self -serve car -wash facilitates and automated car -wash facilities; and the code does not differentiate between primary use or accessory use. Therefore, these facilitates, regardless of size or intensity, carry the same land use assignment. Car -wash facilities are permitted by -right in the Commercial General (CG) Zone. Car - washes are not permitted elsewhere in the Zoning Code. Car -wash facilities are authorized as a conditionally permitted use in the East Valley Area Plan; as a permitted use (by -right) in the South Centre City Specific Plan (Southern Entry Commercial District and WM Commercial District); and as a permitted use (by -right) in the West Mission Specific Plan (because the plan defers to the citywide Zoning Code). Currently, there are no special use regulations established for car -wash facilities. Zoning determines what can be built on your property and which uses are allowed. Typically, this is provided within the Zoning Codes, and land uses are categorized as primary permitted uses, accessory uses permitted in combination with primary uses, temporary uses, conditional uses, and prohibited uses. Conditionally permitted land uses are subject to review by the City's Zoning Administrator or Planning Commission through a public hearing. The .Zoning Code and Specific Plan Amendments propose to change the use allowance to require a conditional use permit for any new car -wash facilities. City staff also recommends adding supplemental index criteria to the development regulations to mitigate for potentially undesirable conditions for adjacent properties. The intent is to ensure that new development does not negatively impact surrounding residences or businesses. Additional special use regulations or supplemental index criteria has been created in Article 57 to support the City's adopted goals, policies and plans for future land use and development. As proposed in Article 57. special use regulations would include bay enclosures, vacuum stations, and airborne particle control. Potential noise issues are already addressed by the city's Noise Ordinance. Because Section 33-341 of the Escondido Zoning Code already addresses and includes provisions for commercial drive -through facilities, staff recommends this section be referenced for automated car -wash facilities, regardless of zone district type. 3 75A-144 May 23, 2018 City Cowo1 Staff Report AZ18-p0W AttachmmU Page d 017 EXHIBIT "A" FACTORS TO BE CONSIDERED/FINDINGS OF FACT AZ 18-0003 Zoning Code and Specific Plan Amendments 1. The public health, safety, and welfare would not be adversely affected by the proposed ,Zoning Code and Specific Plan Amendments. The proposed amendments revise the permitting process for car -wash facilities- The proposed zoning Code Amendment, establishing special use regulations, would not be detrimental to surrounding properties because no physical improvements are proposed as part of this Project, and the proposed changes are to enhance neighborhood compatibility and land use -related buffering- Future construction must comply with any applicable laws and standards. This includes the Building Code, the Fire Code, and any property standards bylaws. 2. The proposed Zoning Code Amendment would be consistent with the goals and policies of the General Plan because the amendment would not, in and of itself, result in development or any other material change to the environment- The proposed Zoning Code Amendment would not diminish the Quality of Life Standards of the General Plan, nor adversely impact community health or natural resources. This Project requires an ancillary and conforming amendment to the East Valley Area Plan and South Centre City Specific Plan to ensure car -wash facilities are reviewed and considered consistently, citywide- 3. No changes are proposed or required for the West Mission Specific Plan since the plan defers to the citywide Zoning Code, which as amended, would ensure lateral consistency. 4. The proposed Zoning Code Amendment does not conflict with any specific plan. The City's existing specific plans may refer to car -wash facilities as a permitted or conditionally permitted use. In those instances, special use regulations are referenced far design standards and other permit review -related criteria, which encompasses new specific conditions or standards, as amended through this proposed amendment. This Project requires ancillary and conforming amendments to the East Valley Area Plan and South Centre City Specific Plan to ensure car - wash facilities are reviewed and considered consistently, c"ide- 4 75A-145 May 23. 2018 City Council Staff Report A219"3 Rtlachm t 2 Page 5 or T EXHIBIT "B" PROPOSED ZONING CODE AND SPECIFIC PLAN AMENDMENTS AZ 18-0003 Amend the various Zoning Code sections to read as specified below. The changes are listed in order by section number, with stskeeut typeface illustrating deletions and underline typeface illustrating new text. SECTION I. Article 16, Sec. 33-332, Table 33-332, Permitted and Conditionally Permitted Principal Uses. Car -wash, polishing, vacuuming, or detailing (primary or accessory use) CG CN CID PC Article 26, Sec, 33-564, Table 33-564, Permitted and Conditionally Permitted Principal Uses. Automotive services (excluding gasoline service stations and car - wash related uses) 1-0 M-1 M-2 I-P P P Article 26, Sec. 33-564, Table 33-564, Permitted and Conditionally Permitted Principal Uses. Establish "car -wash, polishing, vacuuming, or detailing" as a land use activity, by conditional use permit. 1-0 M-1 M-2 I-P Car -wash, polishing, C C vacuuming, or detailing (primary or accessory use) Article 57, Sec. 33-1126. ResepmclCar-wash, polishing, vacuuming, or detailing. The following section shall also apply to car -wash. polishing, vacuuming, and/or detailing uses (including self-service and automated facilities). This section applies to any primary or accessory use and any structure OF part thereof used for the washing of cars either by manual or assembly line techniques, utilizing employees or the car owner, or a combination of both. Car -wash, polishing, and deta ifng uses shall comply with the development standards of the zon1ng district, general development standards, and this section. This section does not apply to temporary not -for -profit car wash activities that occur on not more than three (3) consecutive days at the same location. 5 75A-146 May 23, 2016 Uy CoaaCll Stall Report AZ18-0003 Ara hmon[2 Page 6 of 7 (a) All detailing or waxing (except for spray waxing) shall be conducted inside a building_ enclosed on no less than three sides, subject to the satisfaction of the Director of Community Development. (b) Bay enclosures. (1) Sides of car wash bays or tunnels open to a residential use or a residential or mixed use zoning district that abuts or is across an alley from the site shall be completely enclosed or otherwise screened by a wall. Solid windows that do not open, glass block, or other closed material may be used as part of the wall face. (2) All carwash bays and tunnels and all carwash equipment shall be designed to minimize the creation, and carrying off the premises, of airborne particles of water, chemicals,and dust. (c) The exit from the car wash shall have a drainage system which is subject to the approval of the Cit . (d) Vacuum stations. (1) Vacuum stations and related euuipment shalt comply with the setbacks for the principal structure. 2 The site shall be designed to reduce the visual impacts of vacuum stations and waiting cars as viewed from surrounding development and public streets. The vacuum stations shall be screened to the extent feasible by an intervening building or by a combination of landscaping, wall/fencing, andlor berming. e) Automated and drive -through car -wash related facilities must also comply with the requirements set forth in Section 33-341(b). 1) The following types of land use activities shall be subject to Section 33-1125 of this article. (1) The construction of a new car -wash related faoility; and (2) The expansion of an existing car -wash related facility that Increases the size of the lot and involves new land area devoted to car -wash related improvements. Other types of expansions, additions, repairs. uogrades, replacement or reconstruction of existing facilities _shall be exempt from the requirements of Section 33-1125. SECTION II. Amend the East Valley Area Plan to read as specified below. The changes are listed in order by section number, with steilceaat typeface illustrating deletions and underline typeface illustrating new text. 75A-147 May 23, 2018 City Counol Staff Repcn AzlB-0003 Atlachment7 Page of 7 Table 4.1. Permitted and Conditionally Permitted Principal Uses. Change description of use and source of special use regulations. CG Car -wash, polishing, vacuuming. C" detailing, as a primary or accessory use [Section 33-11261 SECTION III. Amend the South Centre City Specific Plan to read as specified below. The changes are listed in order by section number, with str keeot typeface illustrating deletions and underline typeface illustrating new text. Chapter 4, Table 4.2. Permitted Land Uses for Specified DIstrictslSubareas. Establish land use authorization for ear -wash facilities, by conditional use permit. Car -wash, polishing, vacuuminq. detailing {as a primary or accessory use, subject to Section 33-1126 of the EZC} WM General SE General RC RC 7 75A-148 ORDINANCE NO. 2018-13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ESCONDIDO, CALIFORNIA, AMENDING ARTICLE 16 (COMMERCIAL ZONES), ARTICLE 26 (INDUSTRIAL ZONES), AND ARTICLE 57 (MISCELLANEOUS USE RESTRICTIONS) OF THE ESCONDIDO ZONING CODE; AMENDING TABLE 4.1 OF THE EAST VALLEY PARKWAY AREA PLAN; AND AMENDING TABLE 4.2 OF SOUTH CENTRE CITY SPECIFIC PLAN TO LIMIT GARWASH FACILITIES AND MAXIMIZE THE CITY'S ABILITY TO EXERCISE DISCRETIONARY REVIEW OF GARWASH FACILITY APPLICATIONS APPLICANT: City of Escondido PLANNING CASE NO.: AZ 18-0003 The City Council of the City of Escondido, California, DOES HEREBY ORDAIN as follows: SECTION 1. Given uncertainty about the adequacy of existing carwash related regulations in the City of Escondido, an Interim Urgency Ordinance imposing a moratorium on carwash facilities was adopted on May 2, 2018, by Ordinance No. 2018- 11. This Urgency Ordinance explicitly prohibited the issuance of any zoning, land use, discretionary permit, building permit, environmental approval, business license or any other entitlement involving businesses described as carwashes, whether intended as primary uses or accessory uses in the City of Escondido for forty-five (45) days. During that time period, the City evaluated and reviewed potential modifications to the Escondido Zoning Code and other land use regulations that pertain to carwash facilities. SECTION 2. That proper notices of a public hearing have been given and public hearings have been held before the Planning Commission and City Council on this issue. 75A-149 SECTION 3. The Planning Commission conducted a public hearing on April 24, 2018, to discuss and consider the proposed amendments, considered public testimony, and made a recommendation to the City Council. SECTION 4. The City Council has duly reviewed and considered all evidence submitted at said hearings, including, without limitation: a. Written information; b. Oral testimony from City staff, interested parties, and the public; C. The staff report, dated May 23, 2016, which along with its attachments is incorporated herein by this reference as though fully set forth herein; and d. Additional information submitted during the Public Hearing. SECTION 5. The City Council finds public health, safety, and welfare concerns have been expressed regarding the proliferation and potential oversaturation of car washing facilities in the community. The economic benefit of these facilities is negligible as the City collects minimal sales tax revenues associated with carwash facility operations. SECTION 6. The City Council finds that carwash facilities also have the potential to generate undesirable conditions for adjacent properties. Airborne mist, odors from chemicals and vehicle exhaust, and noise from vacuums, pumps, pressurized sprayers, dryers, engines and car stereos are examples of common impacts generated by these uses. The impacts can be detrimental to the quality of life for adjacent residents and disruptive to adjacent businesses. SECTION 7. At this time, the City Council of the City Escondido desires to amend the Escondido Zoning Code to limit carwash facilities and maximize the City's ability to exercise discretionary review of carwash facility applications. The Zoning Code 75A-150 Amendment requires ancillary and conforming amendments to the East Valley Parkway Area Plan and South Centre City Specific Plan to ensure carwash facilities are reviewed and considered consistently, Citywide. SECTION 8. This action is exempt from environmental review pursuant to California Environmental Quality Act Guidelines ("CEQA" and "CEQA Guidelines") Section 15061(b)(3) since there would be no possibility of a significant effect on the environment because the amendments will not directly result in development. Any future project or development as defined by the CEQA that may occur as a result of the amended language would be subject to CEQA review and analysis. SECTION 9. That upon consideration of the staff report, Planning Commission recommendation, Planning Commission staff report, all public testimony presented at the hearing held on this project, and the "Findings of Fact," attached as Exhibit "A" to this Ordinance and incorporated herein by this reference as though fully set forth herein, this City Council finds the proposed amendments are consistent with the General Plan and all applicable specific plans of the City of Escondido, as amended. SECTION 10. That the specified sections of the Escondido Zoning Code, East Valley Parkway Area Plan, and South Centre City Specific Plan are amended as set forth in Exhibit "B" to this Ordinance and incorporated herein by this reference as though fully set forth herein. SECTION 11. Exhibit 'B" to this Ordinance provides reference to Section 33-1125 within Article 57 (Miscellaneous Use Restrictions) of the Escondido Zoning Code. The content of Section 33-1125 was included in Ordinance 2018-12 and is separate from this action. Because of this relationship, Ordinance 2018-13 shall not be effective unless and 75A-151 until Ordinance 2018-12 is approved and is procedurally effective within its corporate limits as a statute in the manner provided by state law. SECTION 12. SEPARABILITY. If any section, subsection sentence, clause, phrase or portion of this Ordinance is held invalid or unconstitutional for any reason by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions. SECTION 13, That as of the effective date of this Ordinance, all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 14. That the City Clerk is hereby directed to certify to the passage of this Ordinance and to cause the same or a summary to be prepared in accordance with Government Code Section 36933, to be published one time within 15 days of its passage in a newspaper of general circulation, printed and published in the County and circulated in the City of Escondido. 75A-152 Ordinance No. 201 &13 Exhlbh'A" Page 1 of 1 -*0111Cj11111IINC111iii FACTORS TO BE CONSIDEREDIFINDINGS OF FACT Zoning Code and Specific Plan Amendments 1. The public health, safety, and welfare would not be adversely affected by the proposed Zoning Code and Specific Plan Amendments. The proposed amendment develops new land use limitations and revises the permitting process for carwash facilities, which requires findings of necessity and strategies necessary to capture economic investment and locate development appropriately. The proposed Zoning Code and Specific Plan Amendments would not be detrimental to surrounding properties because no physical improvements are proposed as part of these proposed amendments. Future construction must comply with any applicable laws and standards. This includes the Building Code, the Fire Code, and any property standards bylaws. 2. The proposed Zoning Code and Specific Plan Amendments help ensure land resources are more closely aligned with critical overarching economic goals of the city, while addressing neighborhood concerns about certain types of businesses. I The proposed Zoning Code and Specific Plan Amendments, implemented over time though updated permit processing and review criteria, would likely lead to increased property values by promoting higher quality carwash facility development and/or preventing unwanted or unsightly forms of development in key areas where high employment uses are desired. 4. The proposed Zoning Code and Specific Plan Amendments would be consistent with the goals and policies of the General Plan because the amendments would not, in and of themselves, result in development or any other material change to the environment. Updating key portions of the Zoning Code establishes specific conditions or standards that would apply to future projects to promote land use ccmpall biIity, reflect current community needs, and ensure their consistent application regardless of zone district type. The proposed Zoning Code and Specific Plan Amendments would not diminish the Quality of Life Standards of the General Plan, nor adversely impact community health or natural resources. This Project requires ancillary and conforming amendments to the East Valley Parkway Area Plan and South Centre City Specific Plan to ensure carwash facilities are reviewed and considered consistently, citywide. 5. This Project requires an ancillary and conforming amendments to the East Valley Parkway Area Plan and South Centre City Specific Plan to ensure carwash facilities are reviewed and considered consistently, citywide. No changes are proposed or required for the West Mission Specific Plan since the plan defers to the citywide Zoning Code, which as amended, would ensure lateral consistency. The proposed Zoning Code and Specific Plan Amendments do not conflict with any specific plan. 75A-153 Ordlnama No. 2014-13 E*ibi! "B" Page 1 of 3 EXHIBIT "B" PROPOSED ZONING CODE AND SPECIFIC PLAN AMENDMENTS AZ 18-0003 SECTION I. Article 16, Sea 33-332, Table 33-332, Permitted and Conditionally Permitted Principal Uses. CG CN CP Car -wash, polishing, vacuuming, or detailing rims or PC accessory use} Article 26, Sec. 33-564, Table 33-564, Permitted and Conditionally Permitted Principal Uses. Automotive services (excluding gasoline service stations and car - wash related uses) 1-0 M-1 M-2 I-P P P Article 26, Sec. 33-564, Table 33-564, Permitted and Conditionally Permitted Principal Uses. Establish "car -wash, polishing, vacuuming, or detailing" as a land use activity, by conditional use permit. Car -wash, polishing, vacuuming, or detailing (primary or accessory use) 1-0 M-1 M-2 I-P C C Article 57, Sec. 33-1126. Reserved_C_ar-wash, polishing, vacuuming, or detailing. The following section shall also aDDly to car -wash. Dolishina. vacuuming. and/or detailina uses (including self-service and automated facilities)- This section applies to any Primary or accessory use and any structure or part thereof used for the washing of cars either by manual or assembl line techniques, utilizing employees or the car owner, or a combination of both. Car -wash, polishing, and detailing uses shall comely with the development standards of the zoning district. general development standards and this section. This section does not apply to temporary car - wash activities that occur on not more than three (3) consecutive days at the same location U All detailing or waxing !except for spray waxing) shall be conducted inside a building enclosed on no less than three sides, subject to the satisfaction of the Director of Community Development. 75A-154 Ordinance No. 2018-13 Exhibit "B" Page 2 of 3 (b) Bay enclosures, (1) Sides of car wash bays or tunnels open to a residential use or a residential or mixed use zoning district that abuts or is across an alley from the site shall be completely enclosed or otherwise screened by a wall. Solid windows that do not oven, class block, or other closed material may be used as part of the wall face. (2) All oarwash bays and tunnels and all carwash equipment shall be designed to minimize the creation, and carrying off the premises, of airborne particles of water. chemicals, and dust, c The exit from the car wash shall have a drainage system which is sub'ect to the approval of the City. [d] Vacuum stations- (1) Vacuum stations and related equipment shall comply with the setbacks for the principal structure, (2) The site shall be designed to reduce the visual impacts of vacuum stations and waiting cars as viewed from surrounding development and public streets. The vacuum stations shall be screened to the extent feasible by an intervening building or by a combination of landscaping, walllfencing, aridlor berming. e) Automated and drive -through car -wash related facilities must also comply with the commercial drive -through requirements set forth in Section 33-341(b). The foIlow n g types. of land use activities shall be sub'ectto Section 33-1125 of this article, (1) The construction of a new car -wash related facility: and f2) The expansion of an existing car -wash related facility that increases the size of the lot and involves new land area devoted to car -wash related improvements. Other hypes of expansions, additions, repairs, upgrades, replacement or reconstruction of existing facilities shall be exempt from the requirements of Section 33-1125. SECTION II. Amend the East Valley Area Plan to read as specified below. The changes are listed in order by section number, with strikeout typeface illustrating deletions and underline typeface illustrating new text. 75A-155 Ordinance No. 2018-13 Exhlait `T Pape 3 of 3 Table 4.1. Permitted and Conditionally Permitted Principal Uses. Change description of use and source of special use regulations. CG Car -wash, polishing, vacuuming. C' detailing, as a primary or accessory use (Section 33-1126") SECTION III. Amend the South Centre City Specific Plan to read as specified below. The changes are listed in order by section number, with strikam, typeface illustrating deletions and underline typeface illustrating new text. Chapter 4, Table 4.2. Permitted Land Uses for Specified DistrictslSubareas. Establish land use authorization for car -wash facilities, by conditional use permit. Car -wash, polishing, vacuuming, detailing (as a Primary or accessory use, subject to Section 33-1126 of the EZC) ^ WM General SE General RC PC 75A-156 I!100110►1rN1:201Ct111111110101i015f AN UNCODIFIED INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ESCONDIDO, CALIFORNIA, TO IMMEDIATELY PROHIBIT NEW CAR WASH USES IN CONTEMPLATION OFAZONING PROPOSAL BEING CONSIDERED BY THE CITY IN ORDER TO PROTECT THE PUBLIC HEALTH, SAFETY, AND WELFARE WHEREAS, there are over 28 carwash facilities currently in the City of Escondido ("City"), which are permitted in a variety of manners depending on the zoning classification; and WHEREAS, the City has the most permissive policy towards carwash facilities when compared to other agencies in the North San Diego County area which contributes to the City's proliferation of carwashes; and WHEREAS, the oversaturation of carwashes in the community provides little economic benefit to the City or City residents; and WHEREAS, an urgency ordinance pursuant to California Government Code section 65858 requires a four -fifths vote of the legislative body for adoption; and WHEREAS, in light of the proliferation of car washes in the City and the impacts as provided in this Ordinance 2018-11 ("Urgency Ordinance") there exists an emergency with respect to the health, public welfare and property in the City of Escondido; and WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred. The City Council of the City of Escondido, California, DOES HEREBY ORDAIN as follows: 75A-157 SECTION 1. Recitals. The Recitals set forth above are true and correct and incorporated herein by reference. SECTION 2. This Urgency Ordinance shall explicitly prohibit the issuance of any zoning, land use, discretionary permit, building permit, environmental approval, business license or any other entitlement involving businesses described as carwashes, whether intended as primary uses or accessory uses in the City of Escondido for forty-five (45) days. Notwithstanding the foregoing, any existing carwash facility shall be allowed to obtain their annual Cityof Escondido business license. Any carwash facilities under construction with a valid building permit on the effective date of this Urgency Ordinance shall be exempt from this Urgency Ordinance. SECTION 3. CEQA. The City Council finds this Urgency Ordinance is exempt from the California Environmental Quality Act (Public Resources Code § 21000, et seq.) ("CEQA") because it can be seen with certainty that there is no possibility that it will have a significant effect on the environment (CEQA Guidelines 14 CCR §§ 15061(b)(3)) and because it consists of regulations and restrictions on activities to assure the maintenance, restoration, or enhancement of natural resources and the environment by prohibiting environmentally destructive components of currently permitted carwash facilities (CEQA Guidelines 14 CCR §§ 15307, 15308). This Ordinance is also exempt from CEQA because it is an urgency measure necessary to protect the City from a current and immediate threat to the public health, safety, and welfare. (Public Resources Code § 21080(b)(4); CEQA Guidelines 14 CCR § 15269.). The City Council, therefore, directs that a Notice of Exemption, (attached as Exhibit "A" and incorporated by this reference), be filed with the County Clerk of the County of San Diego in accordance with CEQA Guidelines. 75A-158 SECTION 4, Findings. The adoption of this Urgency Ordinance is necessary for the immediate protection of the public welfare, health and safety. In accordance with California Government Code § 65858 and in orderto protect the public welfare, health and safety, the City Council of the City of Escondido finds and determines as follows: (a) Currently, there are over 28 carwash facilities currently in the City which were permitted in a variety of manners depending on the zoning classification with potentially more facilities in the immediate future. The City has the most permissive palicy towards these uses compared to other agencies in the North San Diego County area which is an attributable cause to the City's proliferation of carwash facilities. (b) The current oversaturation of carwash facilities in the community provides the City little economic benefit as there are minimal sales tax revenues associated with carwash operations. The unregulated allowance of carwashes is in direct contradiction to the City Council Action Flan priority of Fiscal Management and the strategy to: "Establish regulations that limit the proliferation of targeted non-residential land uses that do not serve the broader interest of enhancing city revenues." Allowing the continued establishment of carwashes will result In the immediate loss of potential revenues to the City and the immediate loss of desirable commercial and industrial sites throughout the City. (c) Canwash facilities hire few employees and typical wages paid at carwash facilities would not increase the City's overall median incomes. Carwashes would therefore not bolsteremployee densities in commercial and industrial zones or increase the per capita median income of the community. Allowing the continued establishment of carwashes will result in the immediate loss of potential income to City residents and reduce potential employment opportunities throughout the City. 75A-159 (d) Carwashes also generate undesirable conditions for adjacent properties. Airborne mist, odors from chemicals and vehicle exhaust, and noise from vacuums, pumps, pressurized sprayers, dryers, engines and car stereos are examples of common impacts generated by these uses. The impacts can be detrimental to the quality of life for adjacent residents and disruptive to adjacent businesses. Allowing the continued establishment of carwashes will result in the immediate potential for disruptions to the quality of live for adjacent residents and businesses. (e) As outlined above, the continued allowance of carwashes will immediately frustrate the City Council Action Plan and be detrimental to the public health, welfare, and safety. SECTION 5. SEPARABILITY. If any section, subsection sentence, clause, phrase or portion of this ordinance is held invalid or unconstitutional for any reason by any court of competent j u risdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions. SECTION 5. Effective Date. The City Council hereby declares, on the basis of the findings set forth above, that this Urgency Ordinance is necessary to preserve the public welfare, health and safety. Accordingly, this Urgency Ordinance is adopted as an urgency ordinance and shall take effect and be in force immediately upon its adoption. SECTION 7. That the City Clerk is hereby directed to certifyto the passage of this Ordinance and to cause the same or a summary to be prepared in accordance with Government Code Section 36933, to be published one time within 15 days of its passage in a newspaper of general circulation, printed and published in the County and circulated in the City of Escondido. 75A-160 PASSED, ADOPTED AND APPROVED by the City Council of the City of Escondido at a regular meeting thereof this 2nd day of May, 2018 by the following vote to wit: AYES : Councilmembers: DIAZ, GALLO, MASSON. MORASCO, ABED NOES : Councilmembers: NONE ABSENT : Councilmembers: NONE APPROVED: + � r SAM ABED, Mayor of the City of Escondido, California ATTEST: k C r DIANE HALVERSON, City Clerk of the City of Escondido, California STATE OF CALIFORNIA ) COUNTY OF SAN D€EGO : ss. CITY Of ESCONDIDO ] 1, DIANE HALVERSON, City Clerk ofthe City of Escondido, hereby certify that the foregoing INTERIM URGENCY ORDINANCENO. 2018-1 1 Passed at a regular meeting of the City Council of the City of Escondido held on the 2"d day of May, 2018. i DIANE HALVERSON, City Clerk of rho City of Escondido, California 0RDINANCE 7\10, 2018-1 1 75A-161 UHInanw2032-u uhbt'A' Pace 1 of 1 CITY OF ESCONDIDO PLANNING DIVISION 201 NORTH BROADWAY Cigrafn_Iwlce"114~ ES CONDIDO, CA92026-2798 (760) 839-4671 Notice of Exemption To: San Diego AssessorlRecorderlCounty Clerk From: City of Escondido Attn: Fish & Wildlife Notices Planning Division 1600 Pacific Hwy, Room 260 201 North Broadway San Diego, CA 92101 Escondido, CA 92025 MS A-33 Project TitlelCase No.: Interim Ordinance Imposing a Moratorium on Carwash Facilities Project Applicant: City of Escondido Project Location- Specific: Citywide Project Location - City: Escondido Project Location - County: San Diego Description of Nature, Purpose and Beneflciarles of Project: An interim urgency measure, pursuant to Government Code 65858, imposing a moratorium on the issuance of any zoning, land use, discretionary permit, building permit, environmental approval, business license or any other entitlement involving businesses described as carwashes, whether intended as primary uses or accessory uses. The proposed moratorium would allow the Planning Division an opportunity to develop and present new land use standards regulating this particular land use. Name of Public Agency Approving Project: City of Escondido Name of Person or Agency Carrying Out Project: Name: Bill Martin, Community Development Director Telephone: (760) 539.4671 Address: City of Escondido Planning Division, 201 N. Broadway, Escondido, CA 92026 ❑ Private entity ❑ School district ❑ Local public agency ❑ State agency ❑ Other special district Exempt Status: Categorical Exemption. Because it can be seen with certainty that there is no possibility that the proposed action will have a significant effect on the environment (CERA Guidelines 14 CCR §§ 15061(b)(3)); and an urgency measure necessary to protect the City from a current and immediate threat to the public health, safety, and welfare. (Public Resources Code § 21060(b)(4). CEQA Guidelines 14 CCR § 15269.)- Reasons why project is exempt: 1. The unregulated allowance of carwashes is in direct contradiction to the City Council Action Plan priority of Fiscal Management and the strategy to: "Establish regulations that limit the proliferation of targeted non- residential land uses that do not serve the broader interest of enhancing city revenues.' Allowing the continued establishment of canvasheswiII result in the immediate loss of potential revenues to the City and the immediate loss of desirable commercial and industrial sites throughout the City. 2. Carwashes also generate undesirable conditions for adjacent properties. Airborne mist, odors from chemicals and vehicle exhaust, and noise from vacuums, pumps, pressurized sprayers, dryers, engines and car stereos are examples of common impacts generated by these uses. The impacts can be detrimental to the quality of life for adjacent residents and disruptive to adjacent businesses. Allowing the continued establishment of carwashes will result in the immediate potential for disruptions to the quality of life for adjacent residents and businesses. 75A-162 oMmanh 2010 u Exhibit "A' P.,20t Lead Agency Contact Person. Area CodelTelephonelExtension [76M 839.4671 $ignat Bill Martin, Community Development Director pate ® Signed by Lead Agency Date received for filing at 0PR ❑ Signed by Applicant 75A-163 EXHIBIT A 75A-164 C C4 • in N M N Ci v'i N -' O — Vi Vi ry r•i r� aCi y w+ A v u 7 v C N N '•C vi N N W V1 0, vl W 0 vi [V <^. [ti C+ vi `n M kn A C ti a � .� �� ��In y A ,. �" L C!J N a 0 a% r d .� y� a w o y r t- N a rs W �,OaryF N �u,C7Ca� F.FW�rZ2r rA z N N n v1 O VS N Fr.7 1 t1, O O O 00 m a)ry N 4y n •f. y cp U 4. J i. 3 N tJ U ,O p r W. ICI x u a� W kW a CAq H CU xav my a q�' W y C7 cys n 7 4 Vj c4 � � VS J7 G V1 F cv r n o n W er. -• ry M y r n ao a 75A-165 N D,. r. m D`. N �_ v v �•� � � o o M FA u ,...r. A G CL7 G w o W enU N n M M M~ O W U U •b rm Q N ti m vj � vi G G c] 'd U u � Q YJ 7D F.•F e D ti N J C v -0 NU' U G C.: '""' �+ R•,Yy N C L) .] Q O G 3 _ © NJ o rx :0 O 1�4 T�-qnrrj N "D [V [`- N �C1 N D+ c<I C M .• [*1 NM t•7 1*1 r t�l M Spa f'� M 75A-166 IPMisI11010 Iglu 75A-167 a T O m+, Wi4.SH WORKS" H :l If mf 14 il IlliT ' ROAD -MAP TO SUCCESS mo WEBTM Demographics Zoning............................. ........._.... Property Size Available Space Visibility & Exposure ...... ...••.•••.•..• +� Traffic Count ................ Traffic Speed Traffic Patterns .... Ingress & Egress (Entrance & Exit) The Community 0 Nearby Detail Competition..... ffiSpace for Diversification mCost of Property or Lease Reports - Entitlements, Permits Utility & Sewer ................_ _.......... Local Sign Ordinances 0 Off -site Improvements Environmental Status of Site Final Evaluation of Site • . ........ -- ....-..•.................... Awk aw 4 Cvpynghr 1016 Grsndvl NW14. Fri nnMd WPM PlIM4%WkP1 from PMjrMkww CW'w#0Ap i 9eroftMp' M.+ga11 nr 75A-169 f ! 1 1 r f TT. . iLT1L 717 .�_ t_51L Il_vl . aToW, ZONING What is the current toning? Is It presently eommerclal, or will re -zoning be required? It is difficult, time-consuming and expensive to get a property re -zoned from residential to commercial. Usually, the city or county will not consider re -zoning a properly for the use of a carwash. PROPERTY SIZE The property size is extremely important- You want to determine the acreage and actual dimensions The Ideal site for a tunnel car -wash is approximately one acre. Additionally, d minimum of 225 feel will be required irr one direction to allow for at least a I25•foot conveyor. The hest situation places the largest side of the prop- erty oriented along the road for maximum visibility to passing traffic. AVAILABLE SPACE If the plan is to build an express exterior model, you need sufficient room for vacuum pads, queuing lanes and turning radius's. If you want to build a Flex -service, room is required for the post vacuum and finishing area(s).. Duilding on less than an acre is certainly possible: how- ever, everything will be reduced in size, and It becomes more difficult to perform at a high volume The pro- posed length of the tunnel Is also important because the longer the tunnel and conveyor, the faster you can run your line speed and process more cars per hour. In express exterior washes, you need space account for proper space in the drying area to ensure a dry car In addition, it has been determined in Express Exteriors that the more vacuum pads, the better the operation. 1211111111, C {opyarghl M16 Grandview h7 ed 12. xrpr rated wnh permn%ro rrum Proressranar Carwa rhinq 6 oAt*&np• V m � r,ne 75A-170 VisibiUSy and expasum mwe cr bicaL.. if yourreourr of s`ft.A you're curt of HIMH! VISIBILITY Visibility and exposure are critical. It it's out of sight, it's out of mind. You may not want to build behind a service station or another type of business. For example, you do not see a McDonald's or a major gas station out of view. Ideally. locate the building out in front and build it parallel to the main street. If dimensions require the tunnel to be built perpendicu- lar to the street, try to get the building (entrance or exit} close to the street for visibility - TRAFFIC COUNTS Traffic counts are something investors and developers may put a lot of emphasis on. Even though we would father have higher traffic counts than lower traffic counts, this variable is not nearly as vital as demograph- ics. Keep in mind traffic is coming and going — usually heading to work or returning home — and many drivers do not want to get off of the highway to get their cars washed. We have seen car washes with extremely high traffic counts not performing the required volume because they did not have the population- On the other hand, we have also witnessed lower traffic counts with sufficient population performing high -volume counts - Sometimes, real estate brokers and parties selling their products/services will put importance only on high traf- fic counts and do not have the experience or know how to advise if a property should really be considered. TRAFFIC SPEED Traffic speed is important. For Instance, if the traffic is going 50 mrles per hour or more, drivers are usually going too fast to view the facility or to ever) want to turn in. It is also difficult for vehicles to exit the property into fast-moving traffic. Try to shoot for speed limits less than 45 MPH - THE COMMUNITY - TRAFFIC PATTERNS Adjacent surroundings and communities are also note- worthy considerations. You should drive around and observe the businesses, shopping centers, strip malls, office buildings and residential areas. Bear in mind if the property is in an industrial area, you may only be privileged to the existing traffic on week - clays. On weekends, when you project your highest vol. ume, streets could be bare and empty of any vehicles. When driving around the residential areas, you want to view the housing, apartments versus homes, and the types of vehicles parked on the streets. Is the neighbor- hood deteriorating? Are vehicles so dirty you cannot clearly see their color? Will the neighborhood be willing and able to patronize a car wash regardless of price? TRADE BARRIERS Within a 3 mile radius, there may be traffic patterns or "trade barriers" that divide a proposed location and the competition, even though the locations are geographi- cally close to each other. Typical trade barriers may be divided highways, one way roads, rivers, neighborhoods, traffic patterns that favor one shopping, center over another. ENTRANCE AND EXIT POINTS The ingress/egress, which Is the entrance/ exit for the property, has to contribute to producing high volume. Is there a center median where vehicles have to go to the next Intersection and make a U-turn? This will reduce the amount of customers who will consider patronizing your business. Is the property on a service road where the vehicle has to leave the main street to enter a service road and then repeat the process getting back on the main street? All of this should be taken into consideration in analyzing the ingress/egress. You want It to be as easy as possible to get on and off your site. NEARBY RETAIL AREA Business breeds business. If you are near other retail businesses, then there are additional draws to the area. Try to find an area that has fast food and retail shopping. For example, a successful strategy has been to harness the destination draw from Big Box retail stores and lo- cate a car wash on one of their out -lots. NEARBY COMPETITION Competing car washes in a three mile radius must be seriously considered as threat or deterrent to your proposed site. visit all of the local washes that are not service stations or self serve washes in your 3 mile radi- us and assess them as a competitor. If your plan is to build an express exterior wash, can existing full -serves have the possibility of converting to an express or flex -serve? Are there already express loca- dons within the marketing area? AMIL o [ppynght 2at6 ci.)adV,ew Mem3, Rrannitd wR11 permiswin from Frafmilomai UarwLrAkV i Vemof * Marge in 75A-171 NEARBY COMPETITION-ronrfnued Remember, whatever the population is in a three-mile radius, divide that into how many tunnel washes, including your potential site, that are in the area. For instance, it the population is 30.000 and you will be the third tunnel wash in the area, that reduces the population to approximately 10,000 for each location. In our opinion, there is too much competi- tion for the population in this example. SPACE FOR DIVERSIFICATION Is there space for diversified or additional services or sales? A drive-thru fast food restaurant or a quick coffee shop could be compatible with an express exterior model. COST OF PROPERTY OR LEASE The cost of property or proposed ground rental on a lease agreement certainly has to be taken into consideration regard- ing your total investment cost or the monthly expense of your operation. In the article "Site planning; Adding to the carwash experience," featured in a past issue of Professional Carwashing & Oetailing, an expert interviewed for the article noted that sitEs selection Is no time to penny -pinch, adding, "Never be cheap when choosing a property! He could not be more accuratel If the site is right and projections show it could gen- erate high volume, it is worth paying an additional amount to obtain the property or to agree to a higher monthly lease rate simp$V because there is no substitute in obtaining a great site. Whatever amount you have to pay for the desired property will be amortized over many years of operating. Inthe scheme of things, it will only require a minimum amount of increased vaiume to offset a high cost for the property or additional lease rate. REPORTS AND REVIEWS You certainly want to check with the city or county planning department to determine the required entitlements, per- mits, setbacks, landscaping requirements, etc. You also want to review a preliminary title report to determine recorded underground easements, existing property liens or encumbrances. You or your architect do not want to be surprised to discover underground easements where you are planning your im- provements. Typically, it is difficult to get utility companies to agree to rerouting existing easements. It is also extremehr expensive to do so even with their permission. Utility and sewer locations have to be determined because bringing these lines into the proposed site could be expenslve. Your Architect will need a site survey and a topographical survey in order to review your site. Legal boundaries and grades need be reviewed — are the grades too high or too Icw7 If you have to remove or bring in dirt, it adds to the cost of your development. OFF -SITE IMPROVEMENTS The same is true for off -site improvements. If there are no sidewalks, curbs, gutters or area lighting, this cost could easily run into the hundreds of thousands of extra dollars. UTILITY AND SEWER - FEES AND LOCATIONS Understanding the location of incoming utilities is a must. They could determine your specific site layout as well as add unexpected costs to the project. Water and sewer tap fees can have a wide range, from 510,000 to upwards of $150,000 or more. LOCAL SIGN ORDINANCES Are you planning on having a programmable LE.I). sign at She street You better check the local ordinance with city council, because many municipalities do not allow L.E.D. street signs. What size sign are you allowed to have? How high can It be? All are questions you will need to ask and understand moving forward. ENVIRONMENTAL TESTING AND FEASIBILITY Your proposed site needs to be tested. It needs to be investigated and tested to ensure that there is no environmental contamination, such as buried fuel oil tanks, or gasoline leaks. If it is contaminated, hnd out how much will it cost to clean up and re -mediate the site, Also, a geological report will analyze the soil on the property so the architect and en- gineer can properly design the building's foundation and determine drainage requirements. Hire local engineering firms who specializing in environmental testing to obtain this Information You need to uncover these potential hidden costs. Adh d Cwy-W,t 1016 Grandnew Media. Feprmred wow permiwon Prom Projessionoi Commhinq & ✓1ervofomq" Mar.N •'� 75A-172 Finally, you must analyze the site, is the property and location viable far an express exterior, full -service or flex -service? Is there a real need far this type of business in your desired location and community? Most importantly, should you proceed or pass and keep searching? And, what should you expect if you do go ahead and commit yourself to the cost of the property ond building the facility? At this point, you would want to prepare a projection statement with what you believe would be reasonable volume, gross income and expenses. We have a far Wash Preforma profit and toss Statement & ROl Statement document, based on industry averages, along with site specific analysis as proposed, that we can supply for you in order to help you with your decision. We have witnessed many successful car wash protects, and, we have seen a few mistokes with building tunnel car washes. Some have been minor errors. Others were major errors. Make sure you perform due diligence in the site seler. don process to ensure that your new business will have the highest potential to be Successful. If the location measures up, and if built and operated properly, a carwash can be incredibly lurrativel Need heV ? Mu wr Clby Is here fcw fflm r Site Selection With our tears of industry veterans, we can assist you in selecting the perfect "A" site location so thdl you can maximize your potential. Business Model Clarification Full Servico? slex? rxpress2 No Worries, we can help you in defining the hest business model for your needs Revenue Generating Not every wash is the same We can guide you to what revenue generating options you need to maximize your revenue per car 75A-173 YES NO ski lqeo DEMOGRAPHICS ❑ ❑ ZONING ❑ ❑ PROPERTY S12E ❑ ❑ AVAILABLE SPACE ® ❑ SVISIBILITY & EXPOSURE i__I ❑ THE COMMUNITY ❑ El NEARBY RETAIL ❑ ❑ TRAFFIC COUNT ❑ ❑ i r COMPETITION ❑ DIVERSIFICATION ❑ ❑ PROPERTY/LEASE COST ❑ ❑ REPORTS ❑ ❑ UTILITY&SEWER ❑ ❑ LOCAL SIGN ORDINANCES _J ❑ OFF -SITE IMPROVEMENTS ❑ ❑ ENVIRONMENTAL ❑ ❑ FINAL EVALUATION ❑ ❑ NOTES 75A-174 f OTI=vo w.asfWORKS ` MARE WASH POWERTM Motor City Wash Works, Inc. 48285 Frank Street Wixom, Michigan 48393 USA t 866-362-6377 6248,313.0271 ® sales@motorcitywashworks.corn Q motorcitywashworkc ram CaWVw•A01fY C,"W Wa Y MF,y %�� wM v MAWv W d" w^w.n+ae.a MAY 17 2019/TIPS RESPECTING THE 3-MILE RULE WHEN STARTING A CAR WASH 75A-176 Respecting Car Wash the 3-Mile Rule When Starting a Car wash owners are a unique breed of individuals. Anyone who enters the industry thinking that owning a car wash will be a passive source of income quickly learns that it takes grit to build and run a successful car wash. Even if you have a supportive staff of management, you may still work and ove rwork you rself to stay above water. But, like the mud, grit and grime that it's your business to wash away, your hard work can seemingly drip down the drain if a new competitor comes into town. Car Wash Capture Is All About Location Unlike some other local businesses that merely require a warm body with cash in hand who is interested in your product or service, the car wash industry is very much dependent on vehicle access. Without a dirty car driving up to your location, you have no business. 75A-177 This means that a successful car wash will probably be wherever the cars are. More cars equal more business. With only so many main roads in a given city that have the highest level of traffic„ competition can be fierce with other car wash owners. The scarcity of ideal spots for a successful car wash .(ttps;//www.carwash.com/site-selection-critical-in-building carwash/)_ may mean you'll find yourself sizing up a rival from across a dusty landscape while you lean against the doorpost of a local saloon. You maintain a steady gaze and stance while you spit out a toothpick with a quivering finger on your six-shooter and a gravelly voice hardened by the merciless desert into a low growl. "This The Problem with Building Too Close to Competition M It may be a hard, cruel world of cutthroat business tactics to get an edge in your market but sometimes the free market rewards a little karma to the greediest among us. According to Anthony Analetto, building too close to a competing car wash is one such Instance. In his 10 Mistakes People Make When They Start a Car Wash Business _(b_ ps /&v so nnysdirect.com/3D_mistakes_p ople_make_when s #2 on his fist is stealing another car wash owner's business. 75A-178 The problem with this is that the land that a car wash is built on is considered a "single -use property" by the bank. Lenders use this designation to evaluate risk. If a site is considered a single -use property, it can't be easily converted for any other use. Infrastructure, such as car wash pits (which is Pit Crew's cleaning. s_pecialty_(http:/1_pitcrew.com/process/).),are built into the site and are unique to the car wash industry. If a bank lends an owner the money for a car wash and the business goes belly up, the bank can't depend on a hair salon to set up shop in the conveyor tunnel and begin offering in -bay automatic hair washes. The hair salon would need some serious financial support to convert the equipment into hair washing and hair dressing tools... or else itjust isn't happening. So the hypothetical situation has the potential to play out like this you build a car wash across the street from a successful car wash, hoping to steal their business. One of three scenarios is possible; 1. They put you out of business because they are more well- known 2. You put them out of business because you're shiny, new and ready to impress 3. Both you and your competitor limp along with mediocre, stagnated business The problem with this is that, even though #2 sounds like the ideal situation for you, it could come back to bite you. As soon as your competitor goes out of business, the bank is going to be looking 75A-179 for another car wash company that can scoop up the property. Chances are, your new neighbor could size you up for your weaknesses and do to you what you did to your corn petition. What to Da Instead to Crow Your Business 5o, if building too close to another car wash is a bad idea, what should you do? Many car wash owners consider the 3-mile rule to be the law of the land. It is both a courtesy rule and a way to avoid the pitfalls of too many hands in the same cookie jar. If you can't pick your ideal location for a car wash because someone else beat you to it, find a place that is almost just as good. If you are focused on good business principles for your car wash https-//pitcrew.com/S-business-tips-for-new-car-wash- owners/]., you could end up building a car wash that is good enough for people to go out of their way to visit. UP NEXT 75A-180 THREE BUSINESS TIPS FOR NEW CAR WASH OWNERS {https;''/pitr_rew.carr)/three- bus iness tips-sor-new car -wish -owners/] 75A-181 EXHIBIT "C" 75A-182 I r. r, �ror Inow , 'Alp . I V.4 lk I, 75A n &V 0 � I�L od 100,171. [A 4 1 N ■ e s...'Ni F tic 1 • r N I 75A-1 LWI 711 Aik-A 4 ROM I L IEXHIBIT D 75A-193 engineering group, ine. September 19, 2019 Kara E. Grant, LAW OFFICE OF KARA E. GRANT 17595 Harvard, Suite C-202 Irvine, CA 92614 Subject: 301 and 325 North Tustin Ave, Santa Ana Project (CUP 2019-30 and CUP 2019-31) Traffic Study and Noise Review Dear Ms. Grant: INTRODUCTION RK ENGINEERING GROUP, INC. (RK) has reviewed the traffic study and noise information for the 301 and 325 North Tustin Avenue Convenience Store and Express Car Wash Project located in the City of Santa Ana. The proposed project would construct a new service station with a 3,040 square foot convenience store and a new automated car wash located at 301 and 325 North Tustin Avenue in the City of Santa Ana. Previously the City reviewed a Commercial Building for the site, however, that has now been changed to the Express Car Wash. In the past, there was a gas station with a market and a restaurant operating at the site. The major concerns with the project is traffic and noise impacts as a result of the car wash component of the project. A Staff Report and traffic study were previously prepared for the project. The modified project traffic study was prepared by L L & G Engineers in a revised report dated May 17, 2019. No Noise Technical Study was prepared for the processing of the project through the City. The original project included a Commercial Building, however, is now proposed to be an Express Car Wash. The proposed project with a Car Wash will generate more traffic than the originally proposed project with the commercial building. RK has reviewed the project information for the revised project with respect to traffic impacts, parking, overall transportation/circulation and noise/vibration impacts to the surrounding study area. The primary issues with the proposed Express Car Wash Project include the following major items: Express Car Wash projects have their peak traffic generation on Saturday afternoons. No Saturday traffic analysis was performed for the project. The Near -term traffic analysis for Year 2019 is not realistic and a later timeframe should be analyzed. 75A-194 LAW OFFICE OF KARA E. GRANT RK 15528 Page 2 - Trip credit was taken for the existing restaurant building on the site which may not have been in operation when the traffic counts were taken. - Updated traffic counts should be taken in 2019 rather than the 2016 counts that were used in the revised 2019 Traffic Study. - The Traffic Study should have used the latest ITE (Institute of Transportation Engineers, 101" Edition Trip Generation, 2017 rather than the older 91" Edition, 2012 document. A Saturday peak hour traffic impact analysis needs to be performed for all of the project scenarios. The project only traffic volumes at study area intersections needs to be checked for accuracy. It doesn't appear that they correlate to the project trip generation and trip distribution. This needs to be verified. A traffic safety analysis should be performed at the intersection of North Tustin Avenue at 41h Street since the project will add a significant amount of traffic to that intersection which has a collision rate higher than expect for this type of intersection. - No preliminary noise or vibration analysis report was prepared for the project. Express Car Washes are High Noise Generators and their impacts need to be quantified and it has to be determined if there are feasible appropriate mitigation measures. This is typical for high Noise generating uses such as an Express Car Wash. All of the Conditions of approval for the project require this to be done after the fact when it may not be feasible to adequately mitigate the project. Adjacent to the Express Car Wash Tunnel is an existing operating office building that has sensitive medical uses. The Noise and Vibration analysis and mitigation measures need to be determined before entitlement for the proposed use can be granted. These issues are further discussed in the Comments section of this letter. I- T� group. Inc.en� nc. 75A-195 LAW OFFICE OF KARA E, GRANT RK 15528 Page 3 TRAFFICFiRANSPORTATION REVIEW The traffic study only reviewed weekday {7-9 am and 4-6 pm} traffic conditions. Express Car Washes actually have their peak traffic generation on Saturdays at approximately 1:00 pm or 2:00 pm. Also, the commercial area around the site would have significant traffic conditions on a Saturday. Therefore, the traffic study needs to perform a Saturday traffic analysis and utilize typical trip generation for an Express Car Wash during those timeframes. RK has collected substantial trip generation data for Express Car Washes in Santa Ana which are shown in the attached Table 4-1. The Saturday trip generation is 50% higher on Saturdays than during the weekday conditions. Therefore, a Saturday traffic analysis is required. 2. The near -term traffic conditions evaluation in the revised traffic study was for the Year 2019- This is not a realistic timeframe, since it is nearly the last quarter of Year 2019. Since the project has not yet been approved and would need a period for construction, a much later time -frame needs to be evaluated for near -term conditions. An Opening Year of 2020 or 2021 is more realistic. 3. The traffic study took a trip credit for the traffic from the existing sit-down restaurant building that is on the site at 301 North Tustin Avenue. This would only be valid if the restaurant was in full operation when the traffic counts were taken. The restaurant is currently closed. This needs to be verified and the trip credit cannot be utilized if new traffic counts are taken to reflect 2419 conditions. 4. The site plan shown on page 3-68 (Figure 2-2) includes a full driveway access on North Tustin Avenue. This driveway is located approximately 240-feet from the intersection of Tustin Avenue at 41" Street. This distance appears to be too close to allow this driveway to be a full service access with all turning movements, since it would interfere with the northbound left turn pocket on Tustin Avenue. 5. The traffic counts mentioned on page 3-72 were taken in October of 2016, The revised traffic study was prepared in 2019; therefore, it has been three years since the traffic counts were taken in 2016, The traffic study should have been updated with more current traffic counts in 2019 to reflect existing conditions. 6, There is no explanation on what the existing project "re-route" was for as shown on page 3-73 and 3-74 (Figures 3-2 and 3-3). What has caused the re-route of traffic? f'ft� amirreering WW��hh33 enu0. �c. 75A-196 LAW OFFICE OF KARA E. GRANT RK 15528 Page 4 7. As shown on page 3-82, the traffic study used the ITE (Institute of Transportation Engineers) 9"' Edition of Trip Generation rates which was published in 2012. This manual was updated in the ITE Trip generation, 1014 Edition published in 2017. The latest manual should have been used for this study since both the original traffic study and 2019 revised traffic study were done significantly after the new ITE Trip Generation data was available. 8. The Express Car Wash Trip Generation shown on page 3-82 and Table 5-1 should include a Saturday analysis. RK has collected traffic data at three Santa Ana Express Car Wash sites and the Saturday trip generation is 50% greater than what was used in the traffic study. The traffic study needs to include a Saturday traffic analysis for each of the different timeframes which are evaluated. 9. For the Existing Plus Project and Future conditions analysis, a Saturday analysis needs to be evaluated. as mentioned in Item #8. 10.On pages 3-86 and 3-87 (Figures 5-3 and 5-4), the project volumes do not seem to match the project net trip generation in Table 5-1 and the Trip Distributions on pages 3-84 and 3-85 (Figures 5-1 and 5-2) . It is not clear how the project only volumes were calculated. Did they include the full project trip generation minus the net trip generation for the existing uses? This is unclear in the text of the report and could affect all of the traffic analysis for the future conditions with the project. 1 1.The traffic analysis shown on page 3-90 (Table 5-1) needs a Saturday analysis as previously mentioned, because the proposed Express Car Wash generates more trips during a Saturday than on a weekday. 12.The near -term traffic analysis shown on page 3-91 needs to be a more realistic year than Year 2019, since Year 2019 is nearly aver. 13.On page 3-101, (Table 6-2) needs to use the more current ITE 1011' Edition Trip Generation for all of the cumulative projects. 14. Page 3-105 (Table 8-1 ) and page 3-107 (Table 8-2) need to include a Saturday analysis. enolneerlm 919M Inc. 75A-197 LAW OFFICE OF KARA E. GRANT RK 15528 Rage 5 I S.There needs to be a traffic safety analysis of the intersection of North Tustin Avenue at 4`h Street. This intersection has a significant amount of peak hour and daily traffic and any increase in traffic generated by the proposed project could potentially Increase the collision rate at this intersection. RK has performed a review of the collisions at this intersection and the collision rate is significantly higher than would be expected at this type of intersection. The ten year average collision rate at this intersection is 037 collisions per million entering vehicles, whereas the expect rate is 0.24 collisions per million entering vehicles- Furthermore the most recent collision rate during the past three years (2016-2018) the collision rate has increased to 0.43 collisions per million entering vehicles. A further traffic collision analysis should be performed at this intersection to determine the cause of these collisions and if so what mitigation measures should be considered for this intersection, since the project will contribute additional traffic to this location. The collision rates and SWITRS data used in this analysis is included in Appendix B. NOISE IMPACT ASSESSMENT No preliminary noise study was conducted for the proposed project to prove that it is feasible from a noise impact standpoint. Although the project has been conditioned to prepare a study prior to building permits, a preliminary noise study should be prepared to ensure that the project would not have a significant noise impact to the surrounding areas. Typically noise studies for Express Car Washes are required during the entitlement process, not after the project is approved. Car washes generate a significant amount of noise at both the exit and entrance to the car wash tunnel and at the vacuum stations. This has to be assessed in advance of approval of the project to determine if any mitigation measures need to be implemented and if they are feasible- 2. The car wash tunnel is located at the very south end of the site directly adjacent to an existing office building that includes medical uses 4i-e- dentist office, etc.). These are noise sensitive land uses and high noise levels can be very disturbing to the medical uses. RK has measured noise levels that approach 95 dBA at the opening of a car wash tunnel and over 90 dBA at the vacuum stations-, this is a significant amount of noise. Attached are our measurements at a comparable car wash facility. A noise assessment is needed before the project is approved to determine the impacts to the adjacent sensitive uses and whether it is feasible to mitigate the noise generated from the project. engineering grDnp, Inc. 75A-198 LAIN OFFICE OF KARA E. GRANT RK15528 Page 6 3. Any vibration impacts to the adjacent office building as a result of the car wash tunnel and its mechanical equipment need to be evaluated. It appears from the proposed site plan there is very little space between the car wash tunnel and the adjacent building. Therefore a vibration impact assessment needs to be determined before the project is approved. 4. No construction noise impact was included in the staff report. As a result of the proximity of the proposed site to the adjoining buildings a CEQA assessment of the potential noise and vibration impacts and mitigation measures needs to be determined before any approval is given for the construction on the site. Again this is a typical requirement for any construction project located in close proximity to other sensitive land uses. CONCLUSIONS RK Engineering Group, Inc. has reviewed the proposed 301 and 325 North Tustin Avenue, Santa Ana Project (CUP 2019-30 and CUP 2019-31) from a TrafficiTransportation Study and Noise/Vibration standpoint. Based upon our review there are a number of items that need to be resolved before the project can be considered complete. This would include an updated traffic analysis with newer traffic counts, a Saturday peak hour analysis use of the latest ITE Trip Generation data, verification of the project traffic contribution to each of the study area intersections, the review of a more realistic study opening year timeframe and the need to provide a technical noise/vibration study in advance of approval of the entitlement for the project. This is necessary to insure that any required mitigation measures are feasible before the project is approved. RK Engineering Group, Inc. appreciates the opportunity to work with the Law Offices of Kara E. Grant on this project.. If you have any questions regarding our review or need further information please call me at (949) 474-0809. Sincerely, Robert Kahn RKENGINEERING GROUP, INC. kaQp6FFSs'oN ICq yF .z No. 0555 .r * Exp. 1431119 r �FIRFFA r OF C�L1cU�; engineering group, in C. 75A-199 LAW 011-ICE OF KARA E. GRANT RK 15528 Page 7 Robert Kahn, P.E. Principal Registered Civil Engineer 20285 Registered Traffic Engineer 0555 Attachment 1N:2958-2019-01 RK:ag/rk15528.doc 4 h enulneetlnu group. Inc. 75A-200 Tables 75A-201 TABLE 4-1 Observed Car Wash Sites Trip Generation Weekday Conditions' Weekday Peak Hour Observed Car Wash Location Weekday AM PM Daily In out Total In Out Total Scrub Bot Express Car Wash (1807 Main Street) 12 10 22 W. 55 91 745 2aroo Express Car Wash t5 13 28 43 37 80 644 (1205 W. 17th Street ) Santa Ana Express Car Wash 49 49 98 85 70 155 1,344 (202 E. Firs[ Street) Average 25 24 49 55 S4 109 911 5aturday Conditions Saturday Peak Hour Saturday ❑hserved Car Wash Location Daily In Out Total Scrub Bot Express Car Wash 69 64 133 996 (1807 Main Street) 2aroo Express Car Wash 69 (8 137 1,196 (1205 W. 1701 Strcct ) Santa Ana Express Car Wash ill 118 229 2 46f) (202 E. First Street) Average 83 83 166 1,551 Weekday observed traffic counts conducted on Thursday, March 14, 2019. Saturday observed traffic counts conducted on Saturday, March 16, 2019. 8E:s?IflK.152Y0?'6 1N:2784-2038-01 75A-202 Appendices 75A-203 Appendix A Express Car Wash Noise Measurements 75A-204 Field Sheet Project; 1821 N Grand Ave Cap Wash Engineer: D. Shi•laiall ©ate: PJ 14J2019 JN: 2184-2D18-Ct Measurement Address: City: CDSta Mesa site No.: 1 1195 Baker St Sound Level Meter: Cafibration Record; Notes: I-D-712 rpu 1. dRl Read ncj. dEll 0liset, dQr Time Serial # A0S, 20 Before 1-amµ: 71; Afte- Windspeed: 5mph _ Direction: SWE Calibrator. LIJ-250 254 Before 93.2 93.2 93.2 Skies Clear Serial N 1322 After 94.0 84,0 R4.0 Camera: Pfsoto Nos. Meter Settings: 0 A-WfD ❑ LINEAR IKI SLOW 0 1y1 OC71 f7 IfdTERVALS _1 _-MINUTE ❑ C-WfD ❑ IMPULSE ❑ FAST Ll 113 07 0 L., PERCENT -LE VALUES Notes: Measurement Type: Long -Lean Short-term k 11:41 AM F11.42 AM 94.6 89.1 101.8 1013 F 100.3 793.2 91.6 1 Measu remem taken at approximately .5ft from the car wash exit tunnel. Ambient noise includes traffic noise from car wash cannel, blowers and traffic nose from Fain•iew Road and Baker St. 11:46 AM 1 11 A7 AM 1 95.7 1 89 1 99.1 97-5 96.9 1 96.2 1 95.7 2 Ma@S Iemenr taken at approx.mately 1 Ft from the vacuum Stalls. Anrb:en, ne+se includes traffic noise from car wash vacuum stalls and [raft[riaise from Faireiew R.�ad and Raker St. o` 3 0 4 5 ®P 3u1n9grlrp gr 4•Inc. 75A-205 Appendix B Collision Rate Calculations and SWITRS Data 75A-206 INTERSECTION ACCIDENT RATES LOCATION NO. OF NO -OF ENTERING ACCIDENT EXPECTED ACCIDENTS MONTHS ADT RATE ACCI DENT RATE N. Tustin Ave. 45� 4th $1.-10 Year 65 120 48.675 0.37 0.24 N. Tustin Ave. 4th SL • 3 Year 21 36 48.675 0.43 D.24 N. 7uslia Ave. 4Lh 81. - 2018 8 12 48,675 0.34 024 N. Tustin Ave. 4th SI. - 2017 7 12 4075 0.39 0.24 N. Tustln Ave. @ 41h St. - 2016 10 12 48,675 0.56 0.24 N. Tustin Ave. Q 41h 51. - 2015 5 12 48,675 0.28 0.24 N. Tustin Ave. @ 41h St. • 2014 B 12 48.675 0.45 0.24 N. Tustin Ave. 4th St. - 2013 7 12 48,675 0.39 0.24 N. Tustin Ave. 41h St. - 2012 9 12 48.675 0.51 624 N. Tusun Aw. 41h St. - 2011 ti 12 48,675 0.34 0.24 N. Tustin Ave. 41h St. - 2010 5 12 48,675 028 0.24 N. Tustn Ave. 41h St. - 2009 2 12 48.675 0.11 0.24 75A-207 W e CUp m Ro T Jy vLik: 1tl N LL E � Y N � a W z 1 .. 0 O ti F � U r o� 7!� Z � a ca d Z n Ci a €n o � v o� N $' Kz k m z' ¢Ozz'o 3 z qnn. 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U) z SOL 00 W m W 0 oo z z z > > m a C4 -219 EXHIBIT E 75A-220 y COJ5KIELELNO 5AND C}� MI.551C7N 11�D]AI�S - lZr 1JA 11Q�1 1{ll ,111 9 'Kr iiw;ai Tl, '77II 1 CS\bnIf] lJ"'Cl of KV531 UIl l PCldl'3 ] II I I A IYCOC�IRfCIi)[]Eh[,�%E itC Of[al1O. 111:314 E11C :36[]4�Il i {fICC lF Lhr--� �l5 `{:Is'C['ti 6:3filll City of Santa Aniq Planning & Building Agency 20 Civic Center .Agency Santa Ana, CA 92702 June 12. 2018 Re. SB 18 Consultation (Covemment Code Section 65352.3)'Pustin Ave Retail Project Dcar Selena Kelahe.r, Please find this IeLLLr as a written rt quest for consultation regarding the above -mentioned project pursuant to Senate Bill 18 (SB 18) Government Code Section 65352.3. Your project iles within our ancestral tribal territory, meaning descending rrom, a higher degree of kinship than traditional or cultural affiliation. Your project is located within a sensitive area and may cause a substantial adverse change in the significance of our tribal cultural resources. Most often, a records search for our tribal cultural resources will result in a "'no records found" for the prnjcct area. The Native American Heritage Commission, ethnographers, historians, and professional archaeologists can only provide limited information that has been previously documented about California Native Tribes. This is the reason the Native American Heritage Commission (NAHC) will always refer the lead agency to the respective Native American Tribe of the area because the NAHC is only aware of general information and are not the experts on each California Tribe, Our Elder Committee & tribalhistorians are the experts for our Tribe and are able to provide a more complete historiv (both written and oral) regarding the location or historic villages, trade mu Les, cemeteries and sacred/rclipous sites in the prcijecL arcs- Therefore, to avoid adverse effects to our tribal cultural resources, we would like to consult w2th you and your staff to provide you with a more complete understanding of the prehistoric use(s) of the projecL area :and the potcmtial risks for causing a substantial adverse change to the significance of our tribal cultural resources. C..onsultaLien appointments am, available on Wednesdays and Thursdays at our offices at 901 N. Citrus Ave. Covina, CA 91722 or over the phone. Please call toll free 1-844-390-0787 car entail gabrielenoindians(yyihoa.ccim to schedulc, an appointmc-nt- With Respect, Andrew Salas, Chairman K.. I.=.1., 'V.--CM..,.., .w.w gabn e Ie I ..Ains.0-15 ns.o C.h,,.3..- 5.... W M— .... ..,.:.K3,,,1 Kmha-d cxada:. C.h.,lml.•ot rm C,4[lic" �aLun ee n.o foci, a ns�e�ya h o-a.c n m 75A-221 EXHIBIT F 75A-222 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE; SEPTEMBER 24, 2018 TITLE: PUBLIC HEARING — FILED BY RICHARD FINKEL FOR MITIGATED NEGATIVE DECLARATION NO. 2016- 156, GENERAL PLAN AMENDMENT NO. 2018-05, AMENDMENT APPLICATION NO. 2018-08, CONDITIONAL USE PERMIT NO. 2018-18 AND VARIANCE NO. 2018-10 TO ALLOW AN EATING ESTABLISHMENT WITH DRIVE -THROUGH SERVICE AT 301 NORTH TUSTIN AVENUE AND A SERVICE STATION AT 325 NORTH TUSTIN AVENUE {STRATEGIC PLAN NO. 3,21 Prepared by Selena Kelaher, AICP Executive director RECOMMENDED ACTION Recommend to the City Council: PLANNING COMMISSION SECRETARY APPROVED Q As Recommended 11 As Amended Set Public Hearing For DENIED ❑ Applicant's Request ❑ Staff Recommendation x9jail@W.9+3I[k Planning Manag 1. Adoption of a Mitigated Negative Declaration, Environmental Review No. 2016-156. 2. Adoption of a resolution approving General Plan Amendment No, 2018-05. 3. Adoption of an ordinance approving Amendment Application No. 2018-08. Planning Commission adopt resolutions. 1. Approving Conditional Use Permit No. 2018-18 as conditioned. 2. Approving Variance No. 2018-10 as conditioned. Executive Summary Richard Finkel, representing Russell Fischer LP, is requesting approval of a general plan amendment to re -designate the property at 301 North Tustin Avenue from Professional & Administrative Office (PAO) to General Commercial (GC), an amendment application to rezone the properties at 301 and 325 North Tustin Avenue from Professional (P) to General Commercial (C2), a conditional use permit to allow an eating establishment with drive -through service at 301 North Tustin Avenue, and a variance to reduce the required yards at 325 North Tustin Avenue. 75A-223 GPA No. 2018-05, AA No. 2018-08, CUP No. 2018-18 & VAR No. 2018-10 September 24, 2018 Page 3 Item Infonnatlon South Commercial - City of Tustin West Professional - Service Station Property Size 39.775 SF (0.9 acres) - 301 N. Tustin Avenue 22,465 SF 0.5 acres - 325 N. Tustin Avenue _ Existing Site Development Eating Establishment - 301 N. Tustin Avenue Gas Service Station & Car Wash - 325 N. Tustin Avenue Development Standards Sections 41-364 through 41-374 SAMC Sections 41-377 through 41-388 SAMC Use Permissions/Amendment Section 41-638 and Sections 41-659 through 41-667 Application & CUP Proiect Description The applicant proposes to demolish the restaurant, service station, car wash, and convenience store buildings to construct a new service station, convenience store and multi -tenant commercial building on two properties at the southeast comer of Tustin Avenue and Fourth Street. The restaurant at 301 North Tustin will be demolished and a new 7,368-square-foot multi -tenant commercial building with an outdoor dining area will be constructed. A 1,258-square-foot eating establishment with drive -through service is proposed for one unit. The drive -through lane is designed to wrap around the entire building, with the entrance of the drive -through at the south end of the building traveling up and around the east elevation. In addition, a 35-foot high freestanding sign will be oriented towards the SR-55 freeway along the east property line. The parcel immediately to the north at 325 North Tustin Avenue is also proposed for redevelopment. The applicant is proposing to clear the site, to eliminate the automated car wash operations, close a driveway along Fourth Street and redesign the site with a service station and larger convenience store. The service station will consist of a 2,117-square-foot canopy with 8 pump stations and a new 2,778-square-foot convenience store. The architecture of the new buildings, service station canopy and freestanding sign has been designed to appear as a cohesive and integrated development which includes a contemporary design style with a smooth plaster, metal canopies, ceramic wood tile and green screens. An enhanced pedestrian pathway with seating areas and landscaping will be located between the two buildings. There will be vehicular access between the two properties and a covenant to allow for reciprocal access and parting will be recorded. In addition, the Public Works Agency has determined that an 8-foot irrevocable offer of dedication along Fourth Street and a 2-foot Irrevocable offer of dedication along Tustin Avenue are required. Tables 3A and 3B provide a detailed comparison of the project's compliance with the applicable land use and development standards. 75A-224 GPA No. 2018-05, AA No. 2018-08, CUP No. 2018-18 & VAR No. 2018-10 September 24, 2018 Page 4 Table 3A; Land Use Standards General Commercial (C2) (SAMC Sec. 41.365, 41.366.5. 41-377 and 41-377.5) Use Eating Establishment Allowed by Right Permit Requirements Orive-through Window Service for an Conditional Use Permit eatino establishment Service Station and Convenience Store Allowed by Right Table 3B: Development Standards Standard Required by General 301 North Tustin 3 55 North Tustin Commercial Ing Site Service Station Site Front yard 15 feet minimum Complies; 15 feet I foes not comply; 5 Feet,_6 inches Side yard (street) 15 feet minimum Not Applicable Does not comply; 5 feet, 6 inches Side yard (interior) 0 feet minimum Complies; 3 feet, 2 Complies; 5 foot inches and 5 feet landscape yard Rear yard 0 feet minimum Complies; 2 feet Complies; 5 foot landscape yard Lot Size & Frontage 15,000 sq. ft. and 120 feet Complies; 39,775 sq. ft- Complies; 22,465 sq. ft. 35 Feet maximum and 179 feet and 300 feet Complies; 25 feet, 3 Complies; 21 feet, 10 Building height inches inches Complies; 63 spaces Complies; 63 spaces Off-street Parking 61 spaces 5 spaces per 1,000 sq. ft. of total total retail 46 spaces 9 spaces 8 spaces per 1,000 sq. ft. 8 pump spaces restaurant Floor Area Ratio 0.50 FAR maximum Complies; 0.19 FAR Complies; .0.12 FAR F.A.R. 35 feet maximum height Complies; Freestanding _ Wall signs (deferred Signage allowed within 300 feet of a sign 35 feet submittals) freeway exit Wall signs (deferred submittals Stacking Distance 160 feet; 80 feet to menu Complies; 80 feet to Not Applicable (drive4hrough) board and 80 feet to pickup menu board, 80 feet to window pick-upwindow Driveway Width 35 feet maximum Not Applicable Complies; 35 feet service station 75A-225 GPA No. 2018-05, AA No. 2018-08. CUP No. 2018-18 & VAR No. 2018-10 September 24, 2018 Page 5 Proiect Background and Chronology The property at 301 North Tustin has been developed with a restaurant since 1965. In 1996, Conditional Use Permit No. 1995--01 was approved to allow dancing and live music. Minor tenant improvements have been made to the building overtime by various operators. Currently, the building is in the process of being vacated by the tenant. In 1973, the property at 325 North Tustin Avenue was developed with a car wash and service station. In 2006, the property was remodeled to the current configuration of the service pumps, a retail building and automated car wash. The current property owner has been operating a Chevron gas station and car wash at the site since 2015. Proiect Analysis General Plan Amendment The applicant is applying for a general plan amendment in Order to re -designate the properties proposed for development to General Commercial (GC). According to the General Plan, the General Commercial district applies to commercial corridors and areas that are highly visible and are critical arterial transportation corridors. Three sites that are proposed to be changed from Professional & Administrative Offices to General Commercial (301 N. Tustin Avenue, 431 N. Tustin Avenue, and 2321 E. 4rh Street) are an arterial streets with regional access to the SR-65 freeway. Several nearby commercial properties are already designated as General Commercial. The amendment will create an approximately 4-acre General Commercial area at the northeast and southeast comers of Tustin Avenue and Fourth Street (Exhibit 2). In addition, these properties are currently improved with commercial uses including gas stations, eating establishments, and mixed retail and service uses that provide neighborhood facilities and services to the nearby Metre East Mixed -Use Overlay zone and professional offices. The general plan amendment will provide consistency with the existing uses and will make the properties consistent with the zoning district. Amendment A,polication The applicant is also applying for an amendment application (zone change) to Change the zoning of the properties proposed for development (301 and 325 N. Tustin Avenue) from Professional (P) to General Commercial (C2). The City is also proposing to change the zoning of two nearby properties (401 N. Tustin Avenue and 2320 E. Fourth Street) to General Commercial (C2) (Exhibit 3). The C2 designation will also complement the designation of the properties to the south which are in the City of Tustin and zoned commercial (Central Commercial C2). The amendment will create a continuous block of commercial uses that will stimulate the economy in the area. The C2 zone will allow the restaurant, service stations, and services uses and will allow for commercial development that supports the nearby office environment by providing places to visit, 75A-226 GPA No. 2018-05, AA No, 2018-08, CUP No. 2018-18 & VAR No. 2018-10 September 24, 2018 Page 6 shop and dine. In addition, the General Commercial zone permits professional, administrative and business offices should the property owners elect to have office uses in the future. The proposed drive -through requires discretionary approval of a CUP and the service station yards require a variance. In order to approve a CUP or variance, the General Plan Land Use designation and the zoning designation must be consistent. Conditional Use Permit for Drive -Through Window Service at 301 North Tustin Avenue The drive -through was designed and intended to generate the least amount of Impact as possible. The drive -through lane is setback approximately 100 feet from the street to reduce any spillover to the public streets. In addition, the drive -through lane meets the City°s stacking requirements and will allow for approximately 15-cars to queue without disrupting drive aisles or parking spaces on -site. The drive -through is also designed to generate minimal noise impacts; the speaker boxes are located at the rear of the site and project towards the freeway. Any potential noise generated from the idling of vehicles or the drive -through speakers is not anticipated to impact the nearby uses as they are commercial and there are no nearby sensitive land uses. Since the drive -through lane is at the rear of the property, it will produce minimal visual impact to Tustin Avenue as the new building will be the prominent view (Exhibit 4). The applicant's request for a conditional use permit to allow drive -through window service will provide an added amenity to the property, for the employees who work in the vicinity and for the residents who live in the general area. Allowing the restaurant to have a drive -through window will provide a service that will help promote economic development to the area which will contribute to the general well-being of the neighborhood and the community. Variance for Reduced Yards at 325 North Tustin Avenue The strict application of the zoning code requires a 15-foot landscaped setback along both Tustin Avenue and Fourth Street. The applicant has designed the site to have landscaped yards, but in some locations the yards will be reduced to 5 feet, 6 inches requiring a variance. The Public Works Agency reviewed the proposed plans and determined that an 8-foot dedication along Fourth Street and a 2-foot dedication along Tustin Avenue are required to allow for the streets and sidewalks to be constructed to the ultimate width. The 15-foot setbacks and dedication would reduce the developable area to 18,065 square -feet, which is an approximately 4,400 square -foot reduction in lot size (20%). Special circumstances related to the current location of the underground storage tanks exist. Currently, the underground tanks are located at the corner of the property. A 15-foot landscaped yard along the street property lines would require the property owner to remove and relocate the storage tanks In order for tanker trucks to access the tanks. The relocation would cause a significant financial burden to the operator. In addition, complexities of service station fueling, stacking and circulation patterns make it difficult to create functional site plan that meets all the development standards. Furthermore, there are service stations at the other two comers of the intersection (northeast and southwest comers). These nearby service stations do not have 15-foot 75A-227 GPA No. 2018-05, AA No. 2018-08. CUP No. 2018-18 & VAR No. 2018-10 September 24, 2018 Page 7 landscaped yards and have significantly less landscaping than the proposed project, therefore granting the variance will not be injurious to the surrounding properties or service stations (Exhibit 5) Table 3: CE A Strategic Plan Ali nment and Public Notification & Community Outreach Strategic Plan Ati nmen and Public Notification & Community Outreach CEOA A Mitigated Negative declaration (MIND) with technical studies (traffic study, air quality and greenhouse gas emissions analysis, and Phase I site assessment), CEQA Type was prepared for the project. No areas of significant impact were determined from the construction or operation of the proposed project with the implementation of the mitigation measures for cultural resources, hazards, and tribal and cultural resources. The 30-day public review period began on August 13 and ended September 11, 2018. The draft MND was circulated to interested parties and the State Public Notification Clearinghouse, the notice of intent was published in the Orange County Register and posted with the County of Orange Clerk. The draft MIND was available for public review at the Santa Ana City Hall, Main Library, and on the project mm webpage on the City's.website (Exhibit 6 & 7). -Caltrans commented in regards to incorporating complete streets measures and encroachment permits, the comment does not result in findings of a significant impact. -The City of Irvine commented in regards to clarifications needed in the traffic Comments analysis, the clarifications would not result in findings of a significant impact. Received -Orange County fire Authority stated they have no comment. -South Coast Air Quality Management District commented in regards to clarifications needed in the air quality analysis, the clarifications would not result in findings of a significant impact. -The State Clearinghouse acknowledged that no state agencies submitted comments. Strategic Plan Alignment Goal(s), Policy or 3, 2 (create new opportunities for businessljob growth and encourage private Policies development through new General Plan and Zoning Ordinance policies). Public Notification & Community Outreach Site posting A public noticed was posted on the project site on September 14, 2018. Notification by mail was mailed to all property owners and Public Hearing Notification by mail occupants within 500 feet of the project site on September 14, 2018. Newspaper posting Newspaper posting was published in the Orange County Register on September 14, 2018. Sunshine Meeting A Sunshine Ordinance Community Meeting was held on December 13, 2016 at 5:30 p.m. in accordance with the provisions of the City's Sunshine Ordinance. A total of 3 members of the public attended. The applicant provided all the required information to the City after the meeting Exhibit 8). 75A-228 GPA No. 2018-05, AA No. 2018-08, CUP No. 2018-18 & VAR No. 2018-10 September 24, 2018 Page 8 Strategic Plan Alignment, and Public Notification & Community Outreach Additional Measures At the time this report was printed, no issues of concern were raised regarding this application. Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission recommend that the City Council adopt the Mitigated Negative Declaration and approve General Plan Amendment No. 2018-05 and Amendment Application No. 2018-08. Further, staff recommends that the Planning Commission approve Conditional Use Permit No. 2018-18 as conditioned and Variance No, 2018-10 as conditioned. 1 , Selena Kelaher, AICP Associate Planner SK:sb Ifflanning Commissim% Exhibits: 1. Vicinity Zoning & Aerial View 2, Draft Mitigated Negative Declaration Resolution 3. Draft General Plan Resolution 4, Draft Amendment Application Ordinance 5, Conditional Use Permit Resolution fi. Variance Resolution 7. Mitigated Negative Declaration 8. Traffic Study 9. Sunshine Meeting Minutes 10. Site Plan 11. Elevations 75A-229 EXHIBIT G 75A-230 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: SEPTEMBER 9, 2019 TITLE: PUBLIC HEARING — FILED BY RICHARD FINKEL FOR CONDITIONAL USE PERMIT NO. 2019-30 AND AMENDMENT TO VARIANCE NO. 2018.10 TO ALLOW A CAR WASH AT 301 NORTH TUSTIN AVENUE AND CONDITIONAL USE PERMIT NO. 2019-31 TO ALLOW AFTER-HOURS OPERATIONS FOR THE CONVENIENCE STORE AT 325 NORTH TUSTIN AVENUE (STRATEGIC PLAN NO. 3,2) Preparod by Selena elaher, AICP Ia■_121�IIi [eIKolIli 117d61AW2116]MR] :aW_11:y7 APPROVED © As Recommended As Amended ❑ Set Public Hearing For DENIED 0 Applicant's Request ❑ Staff Recommendation CONTINUED TO ExecutivOk,Direc r Interim anning IvIgAager RECOMMENDED ACTION 1. Adopt a resolution approving Conditional Use Permit No. 2019-30 as conditioned to allow a car wash. 2. Adopt a resolution approving an amendment to Variance No. 2018-10 as conditioned to reduce the required yards. 3. Adopt a resolution approving Conditional Use Permit No. 2019-31 as conditioned to allow for a retail market less than 20,000 square feet to operate between the hours of 12:00 midnight and 5:00 a.m. Executive Summa Richard Finkel, representing Russell Fischer LP, is requesting approval of a conditional use permit to allow an automated car wash and an amendment to a previously approved variance to reduce the required yards at 301 North Tustin Avenue and a conditional use permit to allow for retail convenience store to operate between 12:00 a.m. and 5:00 a.m. at 325 North Tustin Avenue. Staff is recommending approval of the entitlements as the project will provide additional services to residents, workers, and visitors in the area and will not negatively impact the surrounding community as the site is not immediately adjacent to sensitive land uses and the project has been designed to minimize impacts to nearby uses. 76 231 CUP No. 2019-30 & VAR No. 2018-01 CUP No. 2019-31 September 9, 2019 Page 2 Table 1: Project and Location Information Item information 301 & 325 North Tustin Avenue North Tus6i Avenue and East Fourth Street Project Address Nearest Intersection Surrounding Land Uses (Exhibit 4) North Commercial East Costa Mesa SR-55 Freew2ylCq of Tustin South Commercial - City of Tustin West Professional - Service Station General Plan Designation General Commercial GC General Commercial C2 Zoning Designation Property Size Existing Site Development 39,775 SF (0.9 acres) - 301 N. Tustin Avenue 22,465 SF (0.5 acres) - 325 N. Tustin Avenue Vacant - 301 N. Tustin Avenue Gas Service Station & Car Wash - 325 N. Tustin Avenue Development Standards SANK Sections 41-368 through 41-374 Sections 41-379 through 41-386 SAMC Section 41-365.5(h) and Section 41-377.5(b) Use Permissions/CUP/Variance Protect Description The applicant proposes to demolish the existing service station, car wash, and convenience store to construct a new service station with 3,040-square foot convenience store and new automated car wash on the two properties at the southeast corner of Tustin Avenue and Fourth Street. The property at 301 North Tustin Avenue is currently vacant and is the site for the proposed automated car wash. The 4,354-square foot car wash tunnel will be located adjacent to the southern property line which allows vehicles to enter or exit on Tustin Avenue or to enter or exit on Fourth Street with reciprocal access provided from the service station property to the north. The car wash will feature two pay points and has 189 feet of stacking which exceeds the standard of 120 feet of stacking (12 vehicles). The site will contain 20 vacuum bays for customers and three onsite employee parking spaces. The proposed hours of operation are from 7:00 a.m. to 7100 p.m. during the winter months, and 7:00 a.m. to 8:00 p.m. during summer months (Daylight Saving months). The parcel immediately to the north (325 North Tustin Avenue) is also proposed for redevelopment. The applicant is proposing to demolish the existing service station, close a driveway on Fourth Street and redesign the site with a service station and larger convenience store. The service station will consist of a 2,843-square foot canopy with six pump islands (12 pumps total), a new 3,040- square foot convenience store and 13 parking spaces. In addition, a lot line adjustment will be processed administratively to increase the lot size, improve on -site circulation and to provide a 35- foot high freestanding sign for the service station adjacent to the SR-55 freeway along the east 75W2-232 CUP No. 2019-30 & VAR No. 2018-01 CUP No. 2019-31 September 9, 2019 Page 3 property line. The proposed convenience store hours of operation are 24-hours per day, which requires approval of a separate CUP. The architecture of the new buildings, service station canopy and freestanding sign has been designed to appear as a cohesive and integrated development which includes a contemporary design style with a smooth plaster, metal canopies, ceramic wood tile and green screens. There will be three driveways that provide access to the sites and reciprocal vehicular access and parking between the two properties. In addition, the Public Works Agency has determined that an 8-foot irrevocable offer of dedication along Fourth Street and a two -foot irrevocable offer of dedication along Tustin Avenue are required. Tables 2 and 3 provide a detailed comparison of the project's compliance with the applicable land use and development standards (Exhibit 5 & 6). Table 2: Land Use Standards General Commercial (C2) (SAMC Sec. 41-365, 41-365.5, 41-377 and 41-377.5) Proposed Land Use Permit. Requirements Car wash Conditional Use Permit Service station and retail market Allowed by Right (convenience store) Retail market less than 20,000 SF with 24- Conditional Use Permit hour operations Table 3: Development Standards Standard Required by General 301 North Tustin 325 North Tustin Commercial C2 Zone Car Wash Site Service Station Site Front yard 15 feet minimum Does not comply; 10 Complies with Variance feet No. 2018-10; 5 feet, 6 inches Side yard (street) 15 feet minimum Not Applicable Complies; 15 feet Side yard (interior) 0 feet minimum Complies; 1 foot, 6 Complies; 5 foot inches landscape yard Rear yard 0 feet minimum Complies; 2 feet Complies; 5 foot landscape and Lot Size & Frontage 15,000 sq. ft. and 120 feet Complies; 33,976 sq. ft. Complies; 28,096 sq. ft. (after lot line (after lot line adjustment) and 179 adjustment) and 300 feet feet Building height 35 feet maximum Complies; 29 feet Complies; 21 feet, 10 inches 75X3233 CUP No. 2019-30 & VAR No. 2018-01 CUP No. 2019-31 September 9, 2019 Page 4 Standard Required by General 301 'North Tustin 325 North Tustin Commercial C2 Zone Car Wash Site Service Station Site Off-street Parking 17 spaces Complies; 2 employee Complies; 19 spaces 2 spaces for automatic car spaces, 20 drying 13 spaces and washes spaces, and 1 6 pump spaces 5 spaces per 1,000 sq. ft. handicapped space retail 15 space I 35 feet maximum height Freestanding sign 35 Wall signs (deferred Signage allowed within 300 feet of a feet Wall signs (deferred submittals) freeway exit submittals Stacking Distance (drive -through) 120 feet Complies; 189 feet Not Applicable Driveway Width service station 35 feet maximum Not Applicable Complies; 35 feet Project Background and Chronology In October of 2018, the Planning Commission approved Conditional Use Permit No. 2018-16 to allow an eating establishment with drive -through service at 301 North Tustin Avenue and Variance No. 2018-10 to allow reduced yards for the service station site at 325 North Tustin Avenue. Subsequently, in November and December of 2018, the City Council approved Mitigated Negative Declaration, Environmental Review No. 2016-156, General Plan Amendment No. 2018-05, and Amendment Application No. 2018-08 to change the land use and zoning designations of the properties to General Commercial. The approved project included a new 7,368-square-foot multi -tenant commercial building with drive -through window service and remodeling the gas station and convenience store. The property owner has revised the project to include a car wash component instead of a retail development. The current property owner has been in the car wash industry for over 30 years and operates six locations in Orange County. Prolect Analysis Conditional Use Permit far a Car Wash at 301 North Tustin Avenue The new automated car wash will replace the existing smaller automated car wash associated with the existing service station. The uses immediately adjacent to the site include a service station to the north, a medical office building to the south (within the City of Tustin) and the SR-55 freeway to the east. The closest nearby residential uses are over 500 feet from the project site. The car wash is designed and intended to generate the least amount of impact as possible. The stacking lane is set back from the adjacent streets to reduce any traffic impacts. In addition, the stacking lane exceeds the City's stacking requirements and will allow for approximately 15 cars to 75_4234 CUP No. 2019-30 & VAR No. 2018-01 CUP No. 2019-31 September 9, 2019 Page 5 queue without disrupting drive aisles or parking spaces on -site. A traffic impact analysis was prepared to analyze the anticipated trip generated from the project and any impacts to the intersections of Tustin Avenue and Fourth Street, Tustin Avenue and First Street and the SR-55 ramps at Fourth Street and Fourth Streettlrvine Boulevard and the Tustin Avenue roadway segment between Fourth and First Streets. The analysis was reviewed by the Public Works Agency and concludes that the project or cumulative project conditions will not significantly impact any of the intersections studied (Exhibit 7). The car wash is also designed to minimize noise impacts. The tunnel is comprised of concrete block which serves as a noise dampener. The car wash blowers/dryers, the equipment that generates the most noise, are located 15 feet from the exit of the tunnel. The vacuum stations which will generate noise are located to the north of the car wash tunnel, in an effort to shield the commercial office use to the south from the noise. Additionally, conditions of approval have been added to require a noise impact analysis which demonstrates compliance with the City's noise ordinance prior to certificate of occupancy and one year after the commencement of operations, limit the hours of operation, to prohibit use of air guns, and prohibit the use of amplified speakers. The new car wash will bring an increase in sales tax revenue and promote economic development in the area which will contribute to the general well-being of the neighborhood and the community. The applicant's request for a conditional use permit to allow car wash will provide an added service to the property, for the employees who work in the vicinity and for the residents who live in the general area. Amended Variance for Reduced Yards at 301 North Tustin Avenue In October 2018, the planning Commission approved Variance No. 2018-10 to allow for a reduced yards for the service station at 325 North Tustin Avenue. The strict application of the zoning code requires a 15-foot landscaped setback along Tustin Avenue, In addition, the Public Works Agency requires a 2-foot dedication along Tustin Avenue to allow for the streets and sidewalks to be constructed to the ultimate width. The applicant has designed the site to have landscaped yards, however, at the car wash tunnel exit the yard will be reduced to 10 feet after the street dedication to provide room for the vehicular turn movements. Therefore, Variance No. 2018-10 will be amended to also include 301 North Tustin Avenue. Special circumstances related to site's shape are applicable. For instance, the lot depth is constricted by the freeway which binds the site to the east. Due to the freeway right-of-way the lot depth narrows from the north to the south as the freeway continues. In addition, complexities of car wash stacking and circulation patterns make it difficult to create a functional site plan that meets all the development standards and does not create stacking on the adjacent streets. The location of the stacking lane and vehicular exit were selected with traffic safety as the priority as a result the site plan configurations for a car wash facility are limited. 7W-235 CUP No. 2019-30 & VAR No. 2018-01 CUP No. 2019-31 September 9, 2019 Page 6 Conditional Use Permit for a Retail Market with 24-Hour Operations at 325 North Tustin Avenue The 3,040-square foot convenience store is proposed to operate 24-hours a day, seven days a week. The proposed operations are similar to other oonvenience stores such as 7-Eleven which have received after-hours conditional use permits. Pursuant to SAMC Section 41-365.5, retail markets having less than twenty thousand (20,000) square feet of floor area which are open at any time between the hours of 12:00 a,m. and 5:00 a.m. require review and approval by the Planning Commission. The purpose of regulating after-hours operations it to preserve the surrounding community characteristics and minimize any negative secondary Impacts. Alcohol sales are not proposed as part of the project. The project site is bounded by commercial uses to the north, south and west. The proposed after- hours operations will provide an ancillary service to the community and individuals seeking to have a moming coffee andior snack en route to one of the City's major employment areas, especially for those who wake up early for work. In addition, this promotes a balance of land uses that assist in enhancing the City's economic and fiscal viability. Furthermore, the new convenience store and service station will help activate and enhance the area and will generate property and sales tax revenue for the City. Economic Develo went The retail market is expected to have eight employees and provide additional tax revenue due to the increase in floor area and 24-hour operations, The express car wash will have four employees and provide an increase in tax revenue as the subject site is currently vacant. Property tax revenue from both properties will increase due to the gas station site being redeveloped and the car wash occupying a vacant site, thus the total net value of the property will increase after the building and Improvements for the project are made. The construction of the project will require that permit fees are paid to the City and there will be temporary construction jobs.. Table 4: CEQA, Strategic Plan Alignment, and Public Notification & Community Outreach Strateg is Plan All nment and. Public Notification & Commu n Ity Outreach CEQA CEQA Type Exempt pursuant to CEQA Guidelines Section 16332, Class 32, In -fill Development Projects_ Document T pe Notice of Exemption, Environmental Review No. 2019-69 The project is consistent with the General Plan and zoning designation. The combined development site is 1.46 acres and surrounded by urban uses. The site Reason(s) was previously developed with commercial uses and has no habitat for Exempt or Analysis endangered, rare or threatened species, The project will not result in any significant impacts related to traffic, noise, air quality or water quality according to the traffic impact analysis and with implementation of water quality requirements. The project can be served by all required utilities and public services. A�2 7536 CUP No. 2019-30 & VAR No, 2018-01 CUP No, 2019-31 September 9, 2019 Page 7 Strategic Plan Alignment, and Public Notification & Community Outreach Goal(s), Policy or 3, 2 (create new opportunities for businessljob growth and encourage private Policies development through new General Plan and Zoning Ordinance policies). Public Notification & Community Outreach Site posting A public notice was posted on the project site on August 30, 2019. _ Notification by mail was mailed to all property owners and Public Hearing Notification by mail occupants within 500 feet of the project site on August 30, 2019. Newspaper posting Newspaper posting was published in the Orange County Reporter on August 30, 2019, Additional Staff received one phone call from a resident voicing opposition to the proposed Measures car wash. Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit No. 2019-30 as conditioned, amendment to Variance No. 2018-01 as conditioned and Conditional Use Permit No. 2019-31 as conditioned. Selena Kelaher, AICP Associate Planner SK:sb S:%Planning Commissionl201919-9-191301 N. Tustin Ave - Car Wash CUM301 325 N. Tustin Ave SR 9RAWC.doe Exhibits: 1. Conditional Use Permit Resolution (Car wash) 2. Variance Resolution I 3. Conditional Use Permit Resolution (After-hours) A. Vicinity Zoning & Aerial View 5. Site Plan 6. Elevations 7. Renderings 8. Traffic Impact Analysis 7W237 EXHIBIT H 75A-238 Planning and aullding Agency Planning Division 20 DMic center Phis PA. BOA 1988 (W20) Santa Ana, CA SM2 VARIANCE (iti4} 847�eo1 www.aanfa-ana.wlt Application Variance Requirement A Variance is required when, properties are proposed with development standards below the minimum standards of the zone A variance is allowed only when extraordinary or exceptional circumstances are applicable to the property involved or the use proposed Variance Purpose Clearly State the Ordinance Requirements Requested for Vanance Reduction of landscape setback requirement for 44' of Tustin Ave. frontage from 15'-0" required to 10'-T provided. III. Variance Justification The zone varurnce procedure is Intended to provide relief from zoning ordinance regulations that result in unintended inequities or hardships when applied to specisc properties and must not be a grant of special privilege [See Santa Ana Municipal Code ($AMC) Sections 41-639 (a)(2)(i). (n), (n), and {v) I The Zoning Administrator, Planning Commission, and City Council must make affirmative findings on all four items listed in the above mentioned Code sections d this request is to be approved Your concise responses to the following four criteria are asaenual [Please read $AMC Sections 41-638 (a)(2)t1l, tiA, (un), and (iv) carefully, they have been reproduced at the end of this fprm for your convenience I Section 41-638 (a)(2)(i) (special circumstances applicable) The City has directed the applicant to locate the cerwash tunnel against the southern properly line so as to improve street access and internal Circulation based on the city's evaluation, in doing this, keeping the 16 setback requirement in addition to the 2' dedication being granted to the city would reduce the carwash tunnel length to an unacceptable length in terms of its operational efficiency. As a compromise measure, it was aoceoted conceotually by Plannino and Public Works to allow for a 5' landscape a Section 41-63U (a)(2)(ii) (preservation of substantial property rights) if the landscape reduction is not approved, the applicant would be denied the opportunity to develop his property to create a carwash facility that is designed to operate at the highest efficiency, and with the highest possible return on the considerable investment required to develop a stat"f-the art express carwash. Par 102 onetibnnaw�nrrcx e,na 75A-239 Planning and eullding Agency Planning Dtvlalan 20 Click Canter Plan P.O. Box ION (111-20) sarrI2 Am, CA 92702 VARIANCE (714) "?Sou wwwAwnb"no.org Application Section 41-638 (a)(2)(1n) (public welFareand surrounding property) Allowing a landscape setback reduction improves the public welfare by allowing for sufficient room for turning motions into and and out of the wash tunnel, and to create a facility that will benefit the community by offering vehicle washing services that are both economical and environmentally desirable. Section 41-638 (a)12)(rv) (elfecl upon General Plan) There would be no effect on the General Plan by allowing this variance. IV. Addltlonal Notea; This is also a consideration that should be allowed by the city as consideration of the multiple dedications and easements required by the city for the betterment of all of its citizens, but with significant negative impacts for the applicant. VARIANCES OR MINOR EXCEPTIONS FINDINGS IN COMPLIANCE WITH SECTION 41-638 (a)(2) OF THE SANTAANA MUNICIPAL CODE (1) That because of special circumstances applicable to the subject property, Including size, shape topography, loralon or surroundings, the strict application of the zoning ordinance is found to dapnve the subject property or pir ileges not olherwise at variance with the Intent and purpose of the provisions of this chapter, (li) That the granting of a variance or minor exception is necessary for the preservation and enjoyment of one or more substantial property rights, (111) That the granting of a variance or minor exception will not be materially detrimental to the public welfare or inj unous to surrounding properly, (rv) That the granilrig of a vanance or minor exception will not adversely affect the general plan of the city Pegg 2 Of 2 vn'dx re m�rixaruro� 75A-240 Plannl ng and Building Agency Planning Dlvtelon 20 Civic Center Plaza P.O. aox ION IN-20) Santa Ans, CA 92102 (7141647.5804 www.santaana.org PLANNING DIVISION Gpnditfonal Use Permit Requirement CONDITIONAL USE PERMIT Application A CondlUcinal Use Permit is required for certain actrvrties and uses which are permr<ted by the zoning code, only d they can be found to be oDmpabble with surrounding uses These situations are considered Individually by the Planning Commission or Zoning Administrator on a rase -by -case basis 11 is up to the applicant for such a permit to show that the use being proposed is acceptable in the locahon proposed and is of general benefit to the City, compatible with a9 surrounding uses, and consistent w.th the City's Gan aral Plan Conditional lies Purpose Describe briefly the specific use(s) and improvements proposed - Demolition of existing gas station and carwash building - Construction of new 3,040 s.f. Gas Station Convenience Store - Construction of new 4,354 s.f. Express Carwash Facility - Construction of new 2,843 s.f. gas station canopy and new pump islands - Construction of trash enclosures - Construction of site improvements including paved parking areas, sidewalks, parking lot lighting, underground utilities and drainage systems and landscape planting and irrigation Conditional Use Justif cation -71 The conchbonal use procedure provides a method whereby specrric uses, not considered compa4ble as e Permitted ties in a zoning district, are afforded an opportunity to locate in the zoning district on the basis of a specific la bon provided certain Findings can be established [Santa Ana Municipal Code (SAMC) Sections 41£38 (a)(1)(i), (A), (III), (IV), and (v)l The Zonng Adminisbaior• Planning Commission, and City Council must make affirmative findings on all five items listed in the above mentroned code sections It this request is to be approved Your Concise responses to the following five criteria are essential IPlease read $AMC Sections 41-638 laj{t)li], (o)• (w), (iv), and (v) carefully, they have been reproduced at the end of this form for your convenience ] Section 41-638 (a)(1)(i) (necessary and desirable) The proposed improvements are necessary to provide gas sales and retail services for a freeway -oriented site. The project is consistent with the goals stated by city staff for the design and function of the facility. Section 41-638 (a)(1)(n) (heath, safety, and general welfare) The proposed project will not in any way negatively affect the health, safety and general welfare of the population. It features excellent site ingress, egress, and internal vehicle and pedestrian circulation. It also features Improved water quality management for all water runoff when compared with the existing facility. Page 1 of 2 cm•Amcur WS 75A-241 Planning and Bulldln0 Agency Planning Division 20 Civic Center Pion P.D. Box ISM (fA-201 Senta Ana, CA 92702 1714) 547-M04 www.aanlaana.org Section 41-038 (a)(1)(rir) (economic stability) CONDITIONAL USE PERMIT Application The project will feature gas sales and a convenience store branded by a major oil company The Express Carwash facility will provide desirable vehicle washing services, Both operations will be beneficial for the local community and for freeway commuters. Section 41$38 (a)(1)(w) (compliance with other regulatiors and conditions) The project has been fully reviewed by all city departments and when constructed will be in compliance with all federal, state and local codes. Sectran 41-638 (a)ll)iv) (effect on the General Plan) No effect on General Plan CONDITIONAL USE PERMITS FINDINGS IN COMPLIANCE WITH SECTION 41-38 (a)(1) OF THE SANTAANA MUNICIPAL CODE (I) That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or the community, and (n) That the proposed use will not, under the circumstances of the particular case, he detrimental to the health, safety, or general wefFare of persons residing or working in the wcmity, and (ra) That the proposed use will not adversely affect the present economic stability nr future economic development of property in the Surrounding area, (IV) That the proposed use will compty with the regulations and conditions specdrad in this chapter for such use, and (v) That the proposed use will not adversely affect the general plan of the city or any spwic plan applicable to the area of the proposed use P a;1r, 2 uP 2 vnuicCIIP 905 75A-242 EXHIBIT I 75A-243 MAYOR 6hgum A Pulido MAYOR PRO TEM Juan Vilregas COUNCILMEMSERS Caulla Iglesias naval Penalaxa VicerHa sarmi anln Jose Solaria .rune 11), 2014 Bundy -Finkel Architects ItTr Richard Finkel 1 120 RiOo€ Slrect, Stutc 120 Costa Mesa, CA 0262(i U CITY OF SANTA ANA Planning and Building Agency 2C Civic Cardeir Plaza . P O nor I Me Santa Ana, Ca!amia 92702 CITY MANAGER Krishna Ridge CITY ATTORNE I Srnia R Carvalho ACTING CLE-AK OF THE COUN0I Nrama Mare Ramirez subjecl• Russell -Fischer Car Wash and Gas Sttdion Ralnodcl, 301 b 325 North funllll Arcnuc. DP No 2019-14 (Master Ill No 2019-1511M) (plans dated 4t22iN and reccivW on 4'24)' 113) Dear Mr Ftnkcl Phank you For ynur Submlttnl tin• I111c propnstA C111151ruetIU11 oI un automated car wash and remodel of a gas station and Ctinsrnienec stole al -101 and 325 Nat-th Tustin Avenue AHer res teti tog y%WF proposal. the ['it}'N Dcsclopmcnt Ret ic% C'D imlttee [DRQ has prepared the following wininents that will assist you m cnsuring yuut pr0jec1 cnnlplICS with the C'11y's requtreinents These comments tnc based oil thr plans and information you pins•tded with your applwallon The Plinumig Division. Budding Safety Division, and 110kc Works Agency 11a\C tdriddied sknvral Ilcins that require a titrnml TeSuhnultal of ynur ptojecl To complete the Deselopinent Project Review process- ten t I (1) Sets of revised plans that address the attached DRC's contmcats aced to he vuhnutted. Plcase notr thul as proposcYl, yu111- project rcgmreY approwqi nfconditlunal use permlltsl and a t'arlancc Also utclttded III tilts loner I5 a detalled list of additional royuircrrielrls aactior wridutuns that you will awed to address betorc your project racervcs appros all Prior to submitting the cnnditlunal usC penrlit(s) and sarwnce appli,:annns. all of t[ic iNsueti related to completing Detelopmwnt Projeil RCVtesV that arc Ittitcd m the lt:nr.-r +Icccj to be uddresycd 5ANTA ANA CITY CPl1NC'L DP19 , '� afs!.•IA Alm .!.Y Su•Iw•IL• 331-- •rd :r -Sr.*.o �rrn•, oa aAl IX ! ayrc. n• Rln. r Ailyc� r`o l!1!•! Wy0 "A' • %V -r Wm] Y !� !!_£�A•rd N9 Jl l �.,_M L .':. 19,- e4 ir) ... .! 4 jy .'pyY' y"y Jc e_� •! • ! J d;•lr..!'•p-• y Ikv�sa _f!!II YLn �'!J 75A-244 Car S(atton remodel & Car Nash D? No.2019-14 Mmter 11) hn. 2019.151108 June 19, 2019 Page 2 of 2 Please keep in mind that Development project Review is valid for one year. Any submittal after the one year tune period, or the submittal of a different project at any time, will require the payment of new furs. Feel free to contact me if you have any questions, if you would like to schedule a meeting to discuss the attached comments or when you are ready to resubmit your revised plans. I can be reached by email at SKukthot(a.3anta-ana.org or by phone at (714) 667- 2740. Sincerely, Selena KcIaher, AICP Associate Planner SK: M Vkr {aPmu6 PmpeWDP p619.14 NI HTtI91R • Crr WxsRDAC Ic*,, DP 2019-14-Itoodl hwhcr U1 )25 N TLR9u dce 75A-245 MEMORANDUM 11 MCT AL 4-0275 TO; Finance $ ManagemenlServloes Ageary i��I Friday, April2.6, 2019 C FROM! Planning and Budding Agency t SUBJECT: Miscellaneous Cash Transacuon "^ � All fees are su blect to change at any time and may also be affected by scheduled adfus tments on July 1 of eath year The Payee must pay the Pre walling rate al the time payment is made 'ROJECT NAME Gas 61.610e11, RemOrlel and Car I'Vash MASTER ID # 2019-151108 PROJECT ADDRESS 301 N Tustin Ave, Santa Ana, CA 927D5-38X AP #400-032-03 Ipplication# DP.2019.14-NEW Permit# ISSUED TO Russet Fischer Partnership ADDRESS 16061 Beach 131wd Huntington Beach, CA 92647 1 Categorical E9empl4bhnmriviron me^Lai Determ-naFicn 7 l7euelepment Prorad Review Comments DP-2019-14 tsssed By Kel Ater. Se lena(Planning and Bur ldin g Ageney) NOTES: For payment to be considered complete. a M isceElaneous Cash Trs nsaettun (MCT) must be paid in full App{idant must return to Planning with stamped cashier validation of the paid MCT for closure in the Planning system Page 3 of 3 1 0000 5633 54 6633 54 011 t6Q02 5MO7 1 DODO 519.918 80 819,918 88 011 t6CO2 53616 t. Rsf:. rt ,yti s:9155f' • r i4F f: ".411NEh`HI}• k5;37 41a.•..,y [;•�,au..,.rr+•3�FN Al -t I•v: f171 '+rlt TOTAL FACT AMOUNT. $ 20,552.34 G� Account # 01116002 53607 01116002 53616 I4tI? 8633 54 519,916 60 DP II 14 75A-246 Discretionary Action New Submittal Case Planner: Kelaher, Selena Distribution List: 0 Planning - CasePlanner ® Planning -Planning File Planning - Urban Planner 0 Building Department E1 City Attorney ® Housing ❑ Parks. Recreation 8 Comm Services Phone Number: 714-667-2740 skelaher@santa-ana org ® Police Department ® Public Works Development • Public Works - Traffic • Public Works - Water (ZNiP ® OCFA (SR #278903) ❑ Other Project Information DP#: DP-2019-14-NEW MID#: 2019-151108 ERM Date Submitted: 0510112019 Expedited: ❑ Draft Comments Due: 0512)12019 Project Name: Gas Station Remodel and Car Wash DRC Meeting Date: 0512312019 Street Address: 30' N Tustin Ave Final Comments Due: 0512812019 Applicant: Finkel, Richard Keith Request Site Plan Review For: Conditional Use Permit lVariance Zoning: P GP: PAO Redev. Area: NA Project Description: The applicant Is proposing to remodel the existing gas station and convenience store at 325 N Tustin and to construct a new automated car wash at 301 N Tustin A lot line adjustment is also proposed A CUP will be required for the car wash and for 24-hour operation of the convenience store A Variance wfil be required for the reduced franl landscape yard on Tustin Avenue 75A-247 EXHIBIT J 75A-248 €— Za 011 BMET s,N � n �"g1.i1T'v •J.C'� b s' I Y Q1 y f T m J- Ell _ r � F i i[ g C r_ gyp`p ,:. souRCE: BuNDY—nNKEL ARCHITECTS FIGURE 2-2�NO SCALE PROPOSED SITE PLAN TUSTIN AVENUE RETAIL. SANTA ANA 75A-249 5tr-£ anuaAV u11snl gVIDN SZE Pue TOE OT-STOZ'ON aVA U-6T6Z ON dn:) 'OE-610Z 'ON JnD auO35 11ela8 ig ysem ie:) NVId 3115 - 511E1Hx3 ❑ ❑ ❑ ❑ _ ❑ - - Mn -....1 .I ` ..1; El El !a �E ❑Li m H m� 'J El LJ L)-- - - _ e _❑ E { » m ❑ 71 I SITE PLAN for 2019 Revised Project - Russell Fischer Express Car Wash 75A-250 EXHIBIT K 75A-251 Irvine Advisory Group, LLC Horne I News I Prujeets I Links [ Contact Us IAG Advisory Committee Paul Dadgar, Principal of Irvine Advisory Group, LLC, Is proud to announce the formation of its Advisory Committee, The Members of the committee are all independent professionals with ties to the Car Wash & Service Station Industry and Capital Markets. Some of the Members include: Robert Geringer, President Geringer Capital, Investment Bankers Mr. Geringer is an experienced and diversely skilled entrepreneur in a variety of industries, with a particular focus on real estate. He has participated in the management of numerous private and public real estate development companies in various locations across the United States. His business acumen draws upon his years as an accomplished tax and business attorney, whereby he gained practical and legal experience in development, finance, taxation, syndications, mergers and acquisitions, and creative financing solutions to maximize real estate values. Highly experienced In all sectors of real estate development, Mr. Geringer has achieved great success in the development of commercial and residential real estate projects in California, New Mexico, Tennessee and Texas. Mr. Geringer received a B.A. in Economics from UCLA, a J.D. from Southwestern University School of Law, and an LL.M. in Tax Law from New York University School of Law. Robert ]. Roman, President, RJR. Enterprises, Carwash Advisors RJR Enterprises provides consulting services for start-ups and going concerns. The firm specializes in location assessment, feasibility study, strategic planning and opinion of value. Before forming RJR Enterprises, Robert was involved in Carwash management and owned and operated carwash, quick oll change and detail shop businesses. Prior to this, Robert was employed as environmental program manager For local and state agencies. Robert holds degrees in Business Administration from University of South Florida and has advanced training in travel demand forecasting, pollution prevention and automotive technology. Robert Is also a contributing editor to Auto Laundry News, the carwash industres leading trade .journal. Ken Green Fuel Pros J Wash Pros Ken Green is currently Vic President of Fuel Pros & Wash Pros has over 30 years of experience in construction, sales, service and maintenance of the service station & car wash equipment business. Fuel Pros & Wash Pros headquarters, warehouse and Central Service Center is located in Chino, CA, Fuel Pros, Inc. (Fuel Pros) is a dynamic, service oriented, construction, maintenance, and testing company committed to providing superior professionalism to ali operators of fueling systems, carwashes, convenience stores, and card locks. The Company provides service primarily in Southern California but is proficient throughout the State. The company's Car Wash division has an exclusive Affiliation Agreement with a company founded by Mr. Dadgar called American Carwash Equipment Solutions (ACES) providing ACES technicians and mechanics proficient in the installation and 75A-252 maintenance of all major carwash systems. Richard Keith Finkel, A.I.A., Principal, Bundy Finkel Architects A graduate of Cal State Polytechnic University at Pomona (1984, Bachelor of Architecture) and Pierce College, Woodland Hills, CA (1980, Associate of Arts), Mr. Finkel has been a Principal at Bundy -Finkel Architects in Newport Beach, CA since July 1991. His duties include marketing, design„ construction administration, CAD operations and general office administration. From August 1989 to July 1991, Mr. Finkel was Principal and Director of Operations at Blomgren Associates Architects, Orange„ CA. His dirties included marketing, design, construction administration and overseeing production operations including CAD system. He served as Project Architect from May 1984 - August 1989 at LPA, Inc. in orange, CA. His duties included project management, creation of working drawings and specifications packages for commercial, industrial, and office projects. Prior to holding that position, Mr. Finkel worked as Project Manager at Arnel Development, Tustin, CA. He also taught Architecture Design at Saddleback College in Mission Viejo, CA from August 1994 June 1995. Mr. Flnkel holds the following licenses: California State License # C19014, Nevada License 154311, Arizona License 9l35328, Colorado License #305951, and Maryland License 412165, Scott Strong, President Strong, Inc., Specialty Construction Contractor After graduating from high school in 1985, Mr. Strong began working full-tlme constructlon during the day and attended full time college at night. In 1991, he graduated a B.S. in Engineering & Construction Management from California State University at Long Beach. Prior to starting Strong Inc., Mr. Strong was the Vice President of United Pacific Environmental which speclalixed in fueling system work, environmental clean-up and service station construction. Since 1998, Scott Strong has led Strong Inc. in construction of gas stations, carwashes, truck stops and fueling systems. From remodels, to facility upgrades to ground -up construction, Strong provides up -front consultation, cost analysis, and turd -key construction contracting. Strong Inc. is based in the Long Beach area and operates throughout southern California. Steven Elser and Kurt Wagenknecht, Partners in X12 Architects Inc., Architects Kurt P. Wagenknecht and Steven C. Elser formed K12 Architects in June of 1998. Based in Sacramento, California, K12 Architects provides comprehensive architectural services for a variety of project types including, car washes, fuel stations, retail, office, industrial, and commercial buildings. With over 25 years experience, Elser and Wagenknecht have constructed many high end Full Service and Express Exterior Car Washes throughout Northern California. Their services Include project evaluations, site evaluations, master planning, program analysis, construction cost estimates, design„ construction documents, and construction administration. Michael Geyer, President of Auto Convenience Centers & ARCO AM/PM® As managing partner of Ramon Canyon Associates, L.P. since 1993, Mr. Geyer completed the land acquisition, planning, permit approval process, secured the necessary financing and constructed an auto center on 1.6 acres of land in Cathedral City, Callfornia. The site has been improved with a 3,200 square foot ARCO AM/PM9 convenience store/gas station and 4,900 square foot full service Hand Car Wash and Detail Center. He concurrently formed Auto Convenience Centers (ACC), a California corporation, to own and operate the Cathedral City ARCO franchise and car wash business. ACC has operated the AM/PM and car wash From May, 1995 through 75A-253 October 2007. In early 2000 Mr. Geyer began development processing, as a managing partner of Eagle Plaza LLC, for a 2.1 acre site in the City of La Mirada, County of Los Angeles. The project consists of a 3,200 square foot ARCO AM/PNI(e), an attached 2,500 square foot fast food restaurant w�drive thru and a non -branded five fueling position large truck diesel fueling canopy. The project opened In juiy or 2003, and in 2007 ranked in the top 1% for ARCO AMIPM@ franchised operators, generating in excess of $23,000,000 In sales. Geyer was selected by the BP ARCO Leadership Team to serve on the inaugural Franchise Advisory Council, Steve Welge, Vice President of Hi-Def Lighting & Electrical, Inc. Mr. Welge has worked in the construction industry since 1984. Prior to helping start Hi-Def Lighting & Electrical, Inc, In 2013, Steve worked in several positions at Fillner Construction, Inc. from 1990 until 2013 which included President beginning in 1998. Prior to joining Fillner, Steve worked in several positions at ARCO from 1984 until 1.990, including construction engineer, environmental compliance officer, and head of maintenance. Steve has a BS In Engineering from UNR and an MBA from SCU. Steve joined Fillner as a Project Manager/Estimator, then moved on to real estate acquisitions/sales, project entitlements, and financial assessment of various development projects. Hi-Def Lighting & Electrical, Inc. is a one -stop shop for commercial electrical and energy efficiency measuros primarily targeting LED lighting retrofits. The two partners (Steve Welge and Eric Dickson) each have over 30 years in the service station industry. Steve's background is primarily general construction, development and finance. Eric's background is in commercial electrical [specializing in fuel facilities]. Eric is also very active in this Industry and has served as a trainer for WECA, member and trainer for the CA Electrical Inspectors Association, and as a reviewer for portions of the NEC during their code review every three years. Hi-Def is based in Rocklin, CA (Sacramento region), and operates throughout Northern California. Hi-Def provides both design -bid -build, and design -build services for electrical. Chantal M. Mariotti, Executive HR Consulting Group, HR Consultants Ms. Marlottl founded Executive HR Consulting Group, Inc., in April, 2003, providing full range of HR services - fiom labor relations to training and employee relations. The company serves a number of industries, including the car wash industry, restaurant and hospitality, architectural, banking, scientific, internet and retail. With a high level of experience in customer service, Executive HR Consulting Group understands how to become a business partner with their clients. A graduate of the Institute Chateaubriand in Cannes, France, Chantal was initiated to the HR field in both the banking and insurance industries. She then started her career in hospitality human resources in the lodging industry and worked with Hyatt Hotels for nine years. Her experience Includes working in both union and non -union environments and successfully implemented the "shared -services" concept, directing two properties simultaneously. Throughout her career, Chantal has successfully negotiated numerous labor- management agreements with various labor union organizations, and served as Trustee on the Los Angeles Hotel and Restaurant, Ernployer/Union Trust Fund. She is an active member of the California Chamber of Commerce, The Society for Human Resources Management, Professionals in Human Resources, The Employment Management Association and the California Restaurant Association. Copvright�D 2016 Irvine Advmry Group, LLC All rights resa , 75A-254 75A-255 Irvine Advisory Group. LLC News I Projects l Links l Contact Us ,Irvine Advisory Group is a consultancy ocaded 6y Fa,:er Cladgar that has speciahzed in all facets of the carwash industry for over 75 years. Services: Irvine Advisory Group provides assistance and independent analysis to operators currently in the carwash industry, developers, U5 and International investors in the fallowing areas: • Customized Research Reports & Consulting Studies for Strategic Planning and Mergers & Acquisitions • Development Services & Support to Builders - Feasibility Studies, Demand Analysis & Site Recommendations • Transaction Funding Strategies & Recommendations • Equipment Financing and Leasing Programs • All Aspects of Full Service, Flex Service Express Exterior Operations and Management Recent Flews (C1ick fol FresS Releases and Arild+esj Lakewood Car Wash Reopens! Case Study: Cruiser's CarWash Car Wash Case Study - Cruisers Car W... F;-] Paul nadgar, Principal Paul dadgar has been actively Involved Ill the Car Wash and Service Station industries for over 25 years. In the late 80`s to early 90's Mr. Uadgar was involved In providing financing to the car wash, service station and alter automotive related industries. In the mid LWO0 Mr fladgar faa*ed on providing mergers and acquisition support services to car A -ash and service station business Owners. The firm was also involved in consulting Investors in other high cash flaw real estate ventures. In 1997 Paul Dadgar founded Carwash of America, LLC, a car wash company, funded by wall street investors that owned and operated ten (N) Ful I•Service Car Washes with branded Seivloe Stations and Fire (5) Jiffy Lu bes. Today, Mr. Dadgar is active In all aspects of the firm'5 consulting $ development efforts nationally. He is intensely pas5iomte about the industry and has a deep understanding of the business. He has been a featured speaker at car wash oonventlons and authored car wash related articles for Industry trade magazines. consulting Rates Fiff out fh is form- 75A-256 77042h Irvine Advisory Group, LLC Home I News I Links I Contact Us Carwash Projects and Business Strategies Consulting Services Expanded n Irvine Advisory Group, LLC provides consulting services to private research firms that serve the investment community worldwide. Mr. Dadgar, makes scheduled presentations to the Firms' clientele who are researching the car wash industry and include well known Private Equity Firms, Pension Funds, Asset Managers, Investment Banks, and Venture Capital firms with over $300 billion of assets under management. American Canwash Equipment Solutions (ACES) A meriewa -C arwmh Egvipmcrzt ,Rosman °` S nlr.rtionx We Are C"arwash AI.'iiH Paul padgar is the founder of ACES, a full line distributor of some the finest car wash equipment in the industry. The company works with a network of distributors that have over 50 years of combined history in equipment distribution, installation, service and repair. ACES projects are some of Hie first to Comply with the National Carwash Installatlon Standard ` (NCIS'") originated by one of its affiliates and which will soon become an industry benchmark. The company offers car wash operators several specialized ,programs such as the Hybrid Car Wash System"', Express Exterior Enhancement Package'", Min Max In -Bay )[press'"', In Say Express Plus'" (EDR) and the Instaflex Conversion Program". Business Growth Strategies ffiaNASCAR CARWASH and Irvine Advisory Group, LLC entered into an agreement whereby IAG will assistance the company in its strategic growth plans to develop into a national chain. IAG has made introductions to investors both for the purpose of raising private equity and entering into licensing agreements to build, own and operate NASCAR CARVNIASH locatlons in selective regions of the USA. Collaborating for Success Irvine Advisor Group, LLC provides FasGXpress general advisory services in So California. In addition IIAG through its affiliations with car wash equipment manufactures has provided the company with its state-of-the-art central vacuum system. Fast 5 Xpress Is the Fastest growing Express Exterior Canvash chain in Southern California. Investor Services to the Detail Industry 75A-257 Irvine Advisory Group provided general consulting services to the owner of Beach Cities Car Wash & Detail. The Detail Shop is one of the most successful in Southern California, currently servicing many high end exotic dealerships. Business Planning and Implementation Irvine Advisory Group, LLC was chosen by this 50 year old chain, once the largest regional chain in California, to assist the family owned company with its next generation Wategic plans. Beacon v+' a�s 00N Bay owned some of the finest car wash and detail shops in 'r orange County including the crown jewel of the chain in Newport AUTO WASH Beach at Fashion Island. Redevelopment and Modernization from Full Service to Flex Service Car Wash l fi ■! W 0 0 LAG worked with the client to develop a modern Flex Service model operation. The effort was extensive and included working with the contractor to remodeling and modernizing a — year old facility to include a new equipment room, new boutique and comfortable waiting area for customers. Many State of the Art Innovations were Incorporated in the car wash including: This venerable SD year old facility undenkent extensive remodeling and reopened as a new, modern Flex Service operation, featuring a new boutique and comfortable waiting area for customers. The car wash tunnel was remodeled with construction work necessary to support a new conveyor system and state-of-the-art all cloth equipment including on-line tire dressing and most recently a Dry N Shine'". The conveyor and tunnel are approximately 160 feet long, so IAG incorporated multiple services and marketing packages including an online express wax process called California Speed VJaxT" FAG recognized that there will be new innovations both in equipment, marketing and new product lines and has provided for the additlon of all these updates in the design parameters of the tunnel. IAG also worked with Vacutech Systems to incorporate a specialized central vacuum system for the Express Detail area and the customer Self Service Vehicle Enhance Center. The car wash is designed to incorporate automated pay stations and gates, which will also include a new PC's to be incorporated in later phases of the modernization plan. Washlink Systems provided the car wash with a new Motor Control Center and Variable Frequency Drives for power conservation. Recognizing the concerns related to environmental stewardship & Issues with California's drought, IAG also incorporated and elaborate water saving reclaim and RIO system capable of greatly reducing the amount of fresh water used in the wash process. Strategic Expansion Plans for a Chain of Washes and Quick Lube Business IAG provided strategic market data and other strategic planning services to a client that acquired a chain including two full service carwashes a self- service carwash and quick rube. The transactlon was settled privately as both parties preferred that the information remain confidential. IAG was also responsible for providing the company recommendations it needed to maintain its competitive advantages and building on its management infrastructure. Consolidate Through Mergers and Acquisitions with Public Exit Plan IAG has acquired several washes for the client and identified other M&A candidatesIAG is involved in the strategic growth plans of a client that is diverslfying their existing business portfolio by acquiring and operating Full Service and Express Exterior car wash businesses. The clients' business plan was to acquire multiple sites In their metropolitan trade area and ultimately 75A-258 seek an exit strategy in the public or private equity markets, IAG has also provided consulting services related to marketing, management oversight, sales training and operational policies and procedures. Conversion of a Full Service CW to an Express Exterior Car Wash OftoIAG represents a client who acquired an old full service carwash which had been neglected for the past 10 years. The clients' strategy was to acquire the location, secure permits to remodel, re -equip then re -introduce the business as a state of the art Express Exterior Car Wash. A great deal of research was done to insure that the new model would find favor and success within the community. IAG also helped the client research and secure significant community redevelopment funds and tax benefits through the state and local utilities, Working with a Public Company to Introduce a New Carwash Franchise Mr. Dadgar along with other consultants were chosen and exclusively hired by a large publicly held company to support its entry into the carwash industry. Mr. Dadgar was involved in providing predevelopment location grn416 IISH andtechnical matrix, osite studies, ain ng of equipment menu andprsite m a nagers, train i ng the CaaW trainer programs, and selection of the operating business model. Mr. Clean Performance Car Wash is a National Franchise in the Car Wash Industry. Exterior Carwash Development IAG spent two years researching the exterior car wash Industry, meeting with some of the largest Family owned operations and equipment manufacturers, reviewing site characteristics and demographics and various operating business models across the United States. IAG now brings this experience and business know how to its clientele, throughout California. Subsequently, Mr, Dadgar was involved in the planning, development, construction and operations of his own Express Exterior Garwash. IAG is working with developers & investors throughout the State of California who are in various stages of development with similar Express Exterior Car Wash projects. CopVryht i9 2019 rrNnp rlrly�5[ny Gr��D. I I,[, AIr right; reserved. 75A-259 HAND CERAMIC XFRESS DETAIL WASH COATINGS &A WASH SERVICES - r . .. _ - •`^^Mar I _.. ABOUT US For over 30 years, Russell Fischer Car Care has set the standard for vehicle maintenance. Wherever you are, whatever vehicle you drive, you'll find no Car Wash does it better than Russell Fischer. We are committed to our customer with fast, qualityvehicle service to preserve the health of your vehicle for years to come. Year on year, we maintain a 99.5% cu stomer satisfaction rate and have washed over 12 million vehicles! With three Full -Service car care centers and two Xpress car washes in Huntington Beach, Santa Ana, & San Clemente, Russell Fischer is one of the largest systems of company operated service centers in the car care industry offering quality xpress and premium hand car washes, detail services and ceramic pro permanent paint protection. Headquartered in Huntington Beach, California, we are centrally located to ensure each of our locations receive the love and care that they deserve. Remember, a clean car is a happy car! a.ntington Beach. CA 22 folluwers See all 9 employees on Llnkeddn -1 About us For over 25 years, Russell Fischer Car Care has set the standard for vehicle maintenance. wherever you are, whatever vehicle you drive, you'll find no Car Care Center does it better than Russel3 Fischer. We are committed to our customer vrith fast, quality vehicle service to -preserve the health of your vehicle for years to corm, Year an year, Pre maintain a 99.5% customer satisfaction rate and love washed nver 11.5 millior• vehicles] whh three full servi•ae car rare renters and threes spross car v+ashes- In Grange County, Rils.se11 Fischer is one of the largest systems at company operated service centers in the car care indush V. Headquartered in Huntington Beach, California, xe are centrally located to ensure each of our locations receive the love and care that [hey deserve: Remember, a clew car is a hapoy ca rl Wells" htrp:jfwww. russetlf ischer. cam Headquarters Huah"ton Reach, CA Year Founded 1957 Company Type Partnership Size 201-500 employees IRS5 F Employees at Russell Fischer Partnership People also viewed Mardicorp Rear Estate 11-60 employees Golden Tutors �OL4EH Education Managemen 1-10 employees BHIC LLC - RollanbacF Financial Services Abode LLC Real Estate 1-10 employees 8HYC, LLC In etc, 1.11 investment Managemei 11-5;o employees Commonii ith Par tni ...... ,., a, Commercial Real Eszalf 51-200 employees 75A-262 EXHIBIT L 75A-263 ESC[3N DI DO City rq CITY COUNCIL STAFF REPORT ' Public Hearing Item No. 9 May 23, 2018 File No. 0810-20 SUBJECT: Amendments to the Escondido Zoning Code, East Valley Parkway Area Plan, and South Centre City Specific Plan to Limit Canvash Facilities and Maximize the City's Ability to Exercise Discretionary Review of Carwash Facility Applications (AZ 18-0003) DEPARTMENT Community Development Department, Planning Division RECOMMENDATION: It is requested that the City Council introduce Ordinance No. 2018-13 to amend Article 16 (Commercial Zones), Article 26 (Industrial Zones), and Article 57 (Miscellaneous Use Restrictions) of the Escondido Zoning Code; amend Table 4.1 of the East Valley Parkway Area Plan; and amend Table 4.2 of South Centre City Specific Plan to enhance land use regulations for carwash facilities. PROJECT DESCRIPTION: The Project involves an update of various City codes and regulations to maximize the City's ability to exercise discretionary review of carwash facility applications. The purpose and intent of this Zoning Code Amendment is to list "carwash and detailing" as a conditionally permitted use in zones where the use is currently permitted by -right, while also establishing appropriate standards to allow for the typical range of activities typically associated with carwash primary or accessory uses, while standardizing mitigation for the associated undesirable impacts. The proposed Zoning Code Amendments also requires ancillary and conforming amendments to the East Valley Parkway Area Plan and South Centre City Specific Plan to ensure self -storage facilities are reviewed and considered consistently, citywide. PLANNING COMMISSION ACTION: On April 24, 2018, the Planning Commission adopted Planning Commission Resolution No. 6118, recommending that the City Council approve the proposed amendments, by a 5-0 vote (Commissioner Cohen absent and Commissioner Watson recused himself). The April 24, 2018, Planning Commission meeting minutes and staff report are included for reference as Attachment 1 and Attachment 2 to this report, respectively. ENVIRONMENTAL REVIEW: The proposed Zoning Code Amendments are exempt from environmental review in conformance with California Environmental Quality Act Guidelines ("CEQA" and "CEQA Guidelines") Section 15061(b)(3) since there would be no possibility of a significant effect on the environment because the amendments will not directly result in development. Projects seeking to implement the amended provisions of the code that regulate self -storage facilities would be subject to separate review under S[arf 1 purt - Council 75A-264 Amendments to the Zoning Code and Specific Plans (AZ 18-0003) May 23, 2018 Page 2 the California Environmental Quality Act (CEQA). Therefore, pursuant to CEQA Guidelines Section 15061 (b)(3), the proposed Zoning Code and Specific Plan Amendment does not have the potential for causing a significant effect on the environment and is not subject to CEQA review. BACKGROUND: Business owners and operators in the carwash service industry have experienced steady growth over the past six (6) years, as the economy began to recover and car ownership increased, While at the same time, lower gas prices have also translated to a greater amount of personal car use, which has had a positive impact on car service -based business. Although car -use demand within the industry is expected to continue, it is expected to be a slower pace than the previous six (6) year period. Concern was expressed at a recent City Council meeting that a proliferation of new carwash facilities could lead to over -saturation of this particular use that tends to utilize prime commercial land and provides little economic benefit to the City. It is estimated there are approximately 29 carwash facilities in the City now with four (4) more in planning stages or under construction. In response, the City Council exercised its judgement to halt permitting for additional carwashes or expansions of existing facilities. Given uncertainty about the adequacy of existing carwash related regulations, a carwash moratorium was adopted on May 2, 2018. The intent of the moratorium was to temporarily halt permitting for additional carwashes or expansions of existing facilities so that the City could study the potential effects of the proposed use and establish new, permanent regulations. Through the May 2, 2018, adoption of the interim ordinance, the City Council effectively added consideration of a carwash ordinance to the ordinance priority list. The current moratorium is in effect until June 16, 2108. The moratorium could be renewed for a total duration of two (2) years after public notice and public hearings, if needed. Carwash facilities are listed as a permitted use in the CG (General Commercial) Zone and also have been approved administratively as "automotive services" in the M-1 (Light Industrial) and M-2 (General Industrial) Zones. Escondido has the most ,permissive policy towards carwashas compared to other agencies in North County. All other North County cities (San Marcos, Vista, Oceanside, Carlsbad, Encinitas, Solana Beach, and Del Mar) a]I require planning commission or city council approval for carwash facilities through issuance of a conditional use permit. City staff has conducted an extensive review of the legal, policy, and neighborhood compatibility - related issues involved in regulating carwash facilities. This review has included evaluation of regulations adopted by other California cities and counties, as well as the recommendations of the American Planning Association (APA). It is important that the City take the time provided by the interim ordinance to carefully and thoughtfully assess the impacts generally created by these types of uses in commercial or industrial areas, and develop regulations that are tailored to the impacts and protect the community. Since the moratorium was adopted on May 2, 2018, significant progress has been made and code amendments have been drafted to follow-up and meet the objectives of the interim ordinance. Overall, the approach to the issues outlined in the interim urgency ordinance are 75A-265 Amendments to the Zoning Code and Specific Plans (AZ 18-0003) May 23, 2018 Page 3 same as those presented to the Planning Commission on April 24, 2018, as set forth in Attachment 1, and provided in Exhibit B to draft Ordinance No. 2018-13. The Zoning Code and Specific Plan Amendments propose to change the use allowance to require a conditional use permit for any new carwash facilities. City staff also recommends adding supplemental index criteria to the development regulations to mitigate for potentially undesirable conditions for adjacent properties. The intent is to ensure that new development does not negatively impact surrounding residences or businesses. Additional special use regulations or supplemental index criteria has been created in Article 57 to support the City's adopted goals, policies and plans for future land use and development. As proposed in Article 57, special use regulations would include bay enclosures, vacuum stations, and airborne particle control. Potential noise issues are already addressed by the City's Noise Ordinance, Because Section 33-341 of the Escondido Zoning Code already addresses and includes provisions for commercial drive -through facilities, staff recommends this section be referenced for automated carwash facilities, regardless of zone district type. APPROVED AND ACKNOWLEDGED ELECTRONICALLY BY: Biff.'ARart in, Directa rof Community Development 511712018 10:18 a.m. ATTACHMENTS: WIike Strong, Assistant Director of Planning 511712018 5:51 a.m. 1. Attachment 1 — April 24, 2018 Planning Commission Meeting Minutes 2. Attachment 2 — April 24, 2018 Planning Commission staff report 3. Ordinance No. 2018-13 4. Ordinance No. 2018-13 — Exhibits "A" and °B" 75A-266 Planning Commission 04/24/18 ATTACHMENT 1 are more closely aligned with critical overarching economic goals of the city, while also addressing concerns about certain types of businesses and neighborhood compatibility. Commissioner Weiler and Mr. Strong discussed Item H, on Page 7 of the staff report as well as a clarification of the scope of analysis required for existing storage facilities looking to expand. Mr. Strong clarified that the proposed demand analysis and economic impact study would not change the nature of existing property owner/operator rights. Commissioner McNair and staff discussed the requirements for new storage facilities. Commissioner Watson and staff discussed Item B on Page 3 of the staff report. Commissioner Watson expressed his concern with the use of the word, .obnoxious" as outlined on Item C on Page 7 of the staff report. Mr. Strong indicated that the word "obnoxious" could be interpreted as different meanings. Mr. Strong stated that it is existing language and the focus of the Zoning Code Amendment was to not change existing criteria, but rather to expand upon it. Mr. Strong notes that the Commission could suggest replacement language as part of their recommendation to City Council. Commissioner Weiler supported staffs recommendation and suggested allowing storage facilities in other industrial zones, such as M2 zones. Vice -chair Romo was apposed to allowing storage facilities in the M1 and M2 zones, feeling there were better economic uses for those areas, He was in favor of limiting the proliferation of storage facilities. Chair Spann felt the market would dictate whether storage facilities were warranted. ACTION: Moved by Vice -Chair Roma, seconded by Commissioner McNair, to approve staffs recommendation. Motion carried unanimously. (6-0) 2. ZONING CODE AMENDMENT — AZ 18-0003: REQUEST! Amendment to the Escondido Zoning Code to maximize the City's ability to exercise discretionary review of drive -through car wash and detailing land 75A-267 Planning Commission 04/24/18 - May 23. 201 S City Council Staff Report AZ1 B-0003 Attachment 1 Page 2 of 2 use applications. No development project is proposed. The proposal also includes the adoption of the environmental determination prepared for the project. PROPERTY SIZE AND LOCATION: Citywide Commissioner Watson recused himself from Item 2. Mike Strong, Assistant Planning Director, referenced the staff report and noted staff recommended approval of the proposed Zoning Code and Specific Plan Amendments for the following reasons: The Zoning Code Amendment clarifies land use authorization for car -wash facilities in industrial zones. The Zoning Code and Specific Plan Amendments maximize the City's ability to exercise discretionary review of car -wash applications. Discretionary review is a higher level of review of land use development applications. The decision -maker may exercise discretion in granting approval of car -wash and detailing proposals. The proposed amendment creates new land development regulations for car wash (primary use or accessory use) proposals. These proposed special use regulations would apply citywide to all existing and proposed specific plans, master plans, and related amendments. The Zoning Code Amendment makes it clear that the new terms and limitations do not apply to temporary not -for -profit car wash activities that occur on not more than three (3) consecutive days, which would continue to be subject to Temporary Use Permits. Mr. Strong also noted that the proposed language provides exception criteria for temporary non -for -profit car wash activities and suggested that the exceptions should also apply to mobile detailers or temporary for -profit businesses. Vice -chair Roma and staff discussed the requirements for self-service car wash facilities. ACTION: Moved by Commissioner Weiler, seconded by Vice -chair Roma, to approve staffs recommendation, Motion carried. Ayes: Garcia, McNair, Spann, Roma, and Weiler. Noes: None. Recused: Watson. (5-0-1) 75A-268 ATTACH AENT 2 ESCONDIDO Cary of Croke� Agenda Item No.: I_2 Date: April 24, 2018 CASE NUMBER: APPLICANT LOCATION AZ 18-0003 City of Escondido Citywide TYPE OF PROJECT: Zoning Code and Specific Plan Amendments PROJECT DESCRIPTION: A proposal to modify Article 16 (Commercial Zones), Article 26 (Industrial Zones) and Article 57 (Miscellaneous Use Restrictions) of the Escondido Zoning Code to maximize the City's ability to exercise discretionary review of car wash and detailing land use applications. The Zoning Code Amendment requires ancillary and conforming amendments to the South Centre City Specific Plan and East Valley Parkway Area Plan to ensure car -wash facilities are reviewed and considered consistently, citywide. No development project is proposed. The proposal also includes the adoption of the environmental determination prepared for the project. STAFF RECOMMENDATION: Recommend the City Council approve the proposed Amendments described in Exhibit "B." BACKGROUNDISUMMARY OF ISSUES: Car -wash and detailing uses typically service motor vehicles and domestic equipment owned by residents in the surrounding neighborhoods. However, car wash and detailing uses have the potential to generate undesirable conditions for adjacent properties. Airborne mist, odors from chemicals and vehicle exhaust, and noise from vacuums, pumps, pressurized sprayers, dryers, engines and oar stereos are examples of common impacts generated by these uses. The impacts can be detrimental to the quality of life for adjacent residents and disruptive to adjacent businesses. Concern was expressed at a recent City Council meeting that a proliferation of new carwash facilities could lead to over -saturation of this particular use that tends to utilize prime commercial land and provides little economic benefit to the city. It is estimated there are approximately 28 carwash facilities in the city now with four or five more in planning or under construction. It is anticipated that a canvash moratorium will be considered as an urgency ordinance by the City Council on May 2, 2018- The intent of the moratorium would be to halt additional carwashes or expansions of existing facilities until updated regulations can be implemented. The purpose and intent of this Zoning Code Amendment is to list "car -wash and detailing" as a conditionally permitted use in zones where the use is currently permitted by -right, while also establishing appropriate standards which allow for the typical range of activities, while standardizing mitigation for the associated undesirable impacts. The proposed Zoning Code Amendment would treat self-service car wash facilities the same as automated car -wash facilities; however, some of the proposed special use regulations would apply only to the drive -through, automated car -wash facilities. REASONS FOR STAFF RECOMMENDATION: Staff recommends approval of the proposed .Zoning Code and Specific Plan Amendments for the following reasons 75A-269 May 21. 2014 Ck Coumil Staff Reps! AZV8 M03 kachftwnt 2 Page 2 of T • The Zoning Code Amendment clarifies land use authorization for car -wash facilities in industrial zones. • The Zoning Code and Specific Plan Amendments maximize the City's ability to exercise discretionary review of car -wash applications. Discretionary review is a higher level of review of land use development applications. The decision -maker may exercise discretion in granting approval of car -wash and detailing proposals. • The proposed amendment creates new land development regulations for car wash (primary use or accessory use) proposals. These proposed special use regulations would apply citywide to all existing and proposed specific plans, master plans, and related amendments. The Zoning Code Amendment makes it clear that the new terms and limitations do not apply to temporary not -for -profit car wash activities that occur on not more than three (3) consecutive days, which would continue to be subject to Temporary Use Permits. Respectfully Submitted, Mike Strong Assistant Planning Director EXHIBITS: A Factors to be Considered/Findings of Fact e Proposed Zoning Code and Specific Plan Amendments 75A-270 May 23, 218 City Council Staff Rapan AZU- P3 Ftta[hm l2 Pago 3M7 ENVIRONMENTAL ANALYSIS: The proposed Zoning Code and Specific Plan Amendments are exempt from CEQA, pursuant to Section 15061 (b)(3). The activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. The proposed Zoning Code and Specific Plan Amendments would not, in and of themselves, result in development or any other material change to the environment. Projects seeking to implement the amended provisions of the code that regulate car wash facilities would be subject to separate review under the California Environmental Quality Act (CEGA). Therefore, pursuant to CEGA Guidelines Section 15061(b)(3), the proposed Zoning Code and Specific Plan Amendment does not have the potential for causing a significant effect on the environment and is not subject to CEQA review. ZONING CODE AND SPECIFIC PLAN AMENDMENT ANALYSIS: Currently, car -wash and detailing facilities are a listed use in the Commercial Zone (Article 16) portion of the Escondido Zoning Code. Article 16 does not differentiate between self -serve car -wash facilitates and automated car -wash facilities; and the code does not differentiate between primary use or accessory use. Therefore, these facilitates, regardless of size or intensity, carry the same land use assignment. Car -wash facilities are permitted by -right in the Commercial General (CG) Zone. Car - washes are not permitted elsewhere in the Zoning Code. Car -wash facilities are authorized as a conditionally permitted use in the East Valley Area Plan; as a permitted use (by -right) in the South Centre City Specific Plan (Southern Entry Commercial District and WM Commercial District); and as a permitted use (by -right) in the West Mission Specific Plan (because the plan defers to the citywide Zoning Code). Currently, there are no special use regulations established for car -wash facilities. Zoning determines what can be built on your property and which uses are allowed. Typically, this is provided within the Zoning Codes, and land uses are categorized as primary permitted uses, accessory uses permitted in combination with primary uses, temporary uses, conditional uses, and prohibited uses. Conditionally permitted land uses are subject to review by the City's Zoning Administrator or Planning Commission through a public hearing. The .Zoning Code and Specific Plan Amendments propose to change the use allowance to require a conditional use permit for any new car -wash facilities. City staff also recommends adding supplemental index criteria to the development regulations to mitigate for potentially undesirable conditions for adjacent properties. The intent is to ensure that new development does not negatively impact surrounding residences or businesses. Additional special use regulations or supplemental index criteria has been created in Article 57 to support the City's adopted goals, policies and plans for future land use and development. As proposed in Article 57. special use regulations would include bay enclosures, vacuum stations, and airborne particle control. Potential noise issues are already addressed by the city's Noise Ordinance. Because Section 33-341 of the Escondido Zoning Code already addresses and includes provisions for commercial drive -through facilities, staff recommends this section be referenced for automated car -wash facilities, regardless of zone district type. i 75A-271 May 23, 2018 City Cowo1 Staff Report AZ18-p0W AttachmmU Page d 017 EXHIBIT "A" FACTORS TO BE CONSIDERED/FINDINGS OF FACT AZ 18-0003 Zoning Code and Specific Plan Amendments 1. The public health, safety, and welfare would not be adversely affected by the proposed ,Zoning Code and Specific Plan Amendments. The proposed amendments revise the permitting process for car -wash facilities- The proposed zoning Code Amendment, establishing special use regulations, would not be detrimental to surrounding properties because no physical improvements are proposed as part of this Project, and the proposed changes are to enhance neighborhood compatibility and land use -related buffering- Future construction must comply with any applicable laws and standards. This includes the Building Code, the Fire Code, and any property standards bylaws. 2. The proposed Zoning Code Amendment would be consistent with the goals and policies of the General Plan because the amendment would not, in and of itself, result in development or any other material change to the environment- The proposed Zoning Code Amendment would not diminish the Quality of Life Standards of the General Plan, nor adversely impact community health or natural resources. This Project requires an ancillary and conforming amendment to the East Valley Area Plan and South Centre City Specific Plan to ensure car -wash facilities are reviewed and considered consistently, citywide- 3. No changes are proposed or required for the West Mission Specific Plan since the plan defers to the citywide Zoning Code, which as amended, would ensure lateral consistency. 4. The proposed Zoning Code Amendment does not conflict with any specific plan. The City's existing specific plans may refer to car -wash facilities as a permitted or conditionally permitted use. In those instances, special use regulations are referenced far design standards and other permit review -related criteria, which encompasses new specific conditions or standards, as amended through this proposed amendment. This Project requires ancillary and conforming amendments to the East Valley Area Plan and South Centre City Specific Plan to ensure car - wash facilities are reviewed and considered consistently, c"ide- 1 75A-272 May 23. 2018 City Council Staff Report A219"3 Rtlachm t 2 Page 5 or T EXHIBIT "B" PROPOSED ZONING CODE AND SPECIFIC PLAN AMENDMENTS AZ 18-0003 Amend the various Zoning Code sections to read as specified below. The changes are listed in order by section number, with stskeeut typeface illustrating deletions and underline typeface illustrating new text. SECTION I. Article 16, Sec. 33-332, Table 33-332, Permitted and Conditionally Permitted Principal Uses. Car -wash, polishing, vacuuming, or detailing (primary or accessory use) CG CN CID PC Article 26, Sec, 33-564, Table 33-564, Permitted and Conditionally Permitted Principal Uses. Automotive services (excluding gasoline service stations and car - wash related uses) 1-0 M-1 M-2 I-P P P Article 26, Sec. 33-564, Table 33-564, Permitted and Conditionally Permitted Principal Uses. Establish "car -wash, polishing, vacuuming, or detailing" as a land use activity, by conditional use permit. 1-0 M-1 M-2 I-P Car -wash, polishing, C C vacuuming, or detailing (primary or accessory use) Article 57, Sec. 33-1126. ResepmclCar-wash, polishing, vacuuming, or detailing. The following section shall also apply to car -wash. polishing, vacuuming, and/or detailing uses (including self-service and automated facilities). This section applies to any primary or accessory use and any structure OF part thereof used for the washing of cars either by manual or assembly line techniques, utilizing employees or the car owner, or a combination of both. Car -wash, polishing, and deta ifng uses shall comply with the development standards of the zon1ng district, general development standards, and this section. This section does not apply to temporary not -for -profit car wash activities that occur on not more than three (3) consecutive days at the same location. ti 75A-273 May 23, 2016 Uy CoaaCll Stall Report AZ18-0003 Ara hmon[2 Page 6 of 7 (a) All detailing or waxing (except for spray waxing) shall be conducted inside a building_ enclosed on no less than three sides, subject to the satisfaction of the Director of Community Development. (b) Bay enclosures. (1) Sides of car wash bays or tunnels open to a residential use or a residential or mixed use zoning district that abuts or is across an alley from the site shall be completely enclosed or otherwise screened by a wall. Solid windows that do not open, glass block, or other closed material may be used as part of the wall face. (2) All carwash bays and tunnels and all carwash equipment shall be designed to minimize the creation, and carrying off the premises, of airborne particles of water, chemicals,and dust. (c) The exit from the car wash shall have a drainage system which is subject to the approval of the Cit . (d) Vacuum stations. (1) Vacuum stations and related euuipment shalt comply with the setbacks for the principal structure. 2 The site shall be designed to reduce the visual impacts of vacuum stations and waiting cars as viewed from surrounding development and public streets. The vacuum stations shall be screened to the extent feasible by an intervening building or by a combination of landscaping, wall/fencing, andlor berming. e) Automated and drive -through car -wash related facilities must also comply with the requirements set forth in Section 33-341(b). 1) The following types of land use activities shall be subject to Section 33-1125 of this article. (1) The construction of a new car -wash related faoility; and (2) The expansion of an existing car -wash related facility that Increases the size of the lot and involves new land area devoted to car -wash related improvements. Other types of expansions, additions, repairs. uogrades, replacement or reconstruction of existing facilities _shall be exempt from the requirements of Section 33-1125. SECTION II. Amend the East Valley Area Plan to read as specified below. The changes are listed in order by section number, with steilceaat typeface illustrating deletions and underline typeface illustrating new text. 75A-274 May 23, 2018 City Counol Staff Repcn AzlB-0003 Atlachment7 Page of 7 Table 4.1. Permitted and Conditionally Permitted Principal Uses. Change description of use and source of special use regulations. CG Car -wash, polishing, vacuuming. C" detailing, as a primary or accessory use [Section 33-11261 SECTION III. Amend the South Centre City Specific Plan to read as specified below. The changes are listed in order by section number, with str keeot typeface illustrating deletions and underline typeface illustrating new text. Chapter 4, Table 4.2. Permitted Land Uses for Specified DIstrictslSubareas. Establish land use authorization for ear -wash facilities, by conditional use permit. Car -wash, polishing, vacuuminq. detailing {as a primary or accessory use, subject to Section 33-1126 of the EZC} WM General SE General RC RC 75A-275 ORDINANCE NO. 2018-13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ESCONDIDO, CALIFORNIA, AMENDING ARTICLE 16 (COMMERCIAL ZONES), ARTICLE 26 (INDUSTRIAL ZONES), AND ARTICLE 57 (MISCELLANEOUS USE RESTRICTIONS) OF THE ESCONDIDO ZONING CODE; AMENDING TABLE 4.1 OF THE EAST VALLEY PARKWAY AREA PLAN; AND AMENDING TABLE 4.2 OF SOUTH CENTRE CITY SPECIFIC PLAN TO LIMIT GARWASH FACILITIES AND MAXIMIZE THE CITY'S ABILITY TO EXERCISE DISCRETIONARY REVIEW OF GARWASH FACILITY APPLICATIONS APPLICANT: City of Escondido PLANNING CASE NO.: AZ 18-0003 The City Council of the City of Escondido, California, DOES HEREBY ORDAIN as follows: SECTION 1. Given uncertainty about the adequacy of existing carwash related regulations in the City of Escondido, an Interim Urgency Ordinance imposing a moratorium on carwash facilities was adopted on May 2, 2018, by Ordinance No. 2018- 11. This Urgency Ordinance explicitly prohibited the issuance of any zoning, land use, discretionary permit, building permit, environmental approval, business license or any other entitlement involving businesses described as carwashes, whether intended as primary uses or accessory uses in the City of Escondido for forty-five (45) days. During that time period, the City evaluated and reviewed potential modifications to the Escondido Zoning Code and other land use regulations that pertain to carwash facilities. SECTION 2. That proper notices of a public hearing have been given and public hearings have been held before the Planning Commission and City Council on this issue. 75A-276 SECTION 3. The Planning Commission conducted a public hearing on April 24, 2018, to discuss and consider the proposed amendments, considered public testimony, and made a recommendation to the City Council. SECTION 4. The City Council has duly reviewed and considered all evidence submitted at said hearings, including, without limitation: a. Written information; b. Oral testimony from City staff, interested parties, and the public; C. The staff report, dated May 23, 2016, which along with its attachments is incorporated herein by this reference as though fully set forth herein; and d. Additional information submitted during the Public Hearing. SECTION 5. The City Council finds public health, safety, and welfare concerns have been expressed regarding the proliferation and potential oversaturation of car washing facilities in the community. The economic benefit of these facilities is negligible as the City collects minimal sales tax revenues associated with carwash facility operations. SECTION 6. The City Council finds that carwash facilities also have the potential to generate undesirable conditions for adjacent properties. Airborne mist, odors from chemicals and vehicle exhaust, and noise from vacuums, pumps, pressurized sprayers, dryers, engines and car stereos are examples of common impacts generated by these uses. The impacts can be detrimental to the quality of life for adjacent residents and disruptive to adjacent businesses. SECTION 7. At this time, the City Council of the City Escondido desires to amend the Escondido Zoning Code to limit carwash facilities and maximize the City's ability to exercise discretionary review of carwash facility applications. The Zoning Code 75A-277 Amendment requires ancillary and conforming amendments to the East Valley Parkway Area Plan and South Centre City Specific Plan to ensure carwash facilities are reviewed and considered consistently, Citywide. SECTION 8. This action is exempt from environmental review pursuant to California Environmental Quality Act Guidelines ("CEQA" and "CEQA Guidelines") Section 15061(b)(3) since there would be no possibility of a significant effect on the environment because the amendments will not directly result in development. Any future project or development as defined by the CEQA that may occur as a result of the amended language would be subject to CEQA review and analysis. SECTION 9. That upon consideration of the staff report, Planning Commission recommendation, Planning Commission staff report, all public testimony presented at the hearing held on this project, and the "Findings of Fact," attached as Exhibit "A" to this Ordinance and incorporated herein by this reference as though fully set forth herein, this City Council finds the proposed amendments are consistent with the General Plan and all applicable specific plans of the City of Escondido, as amended. SECTION 10. That the specified sections of the Escondido Zoning Code, East Valley Parkway Area Plan, and South Centre City Specific Plan are amended as set forth in Exhibit "B" to this Ordinance and incorporated herein by this reference as though fully set forth herein. SECTION 11. Exhibit 'B" to this Ordinance provides reference to Section 33-1125 within Article 57 (Miscellaneous Use Restrictions) of the Escondido Zoning Code. The content of Section 33-1125 was included in Ordinance 2018-12 and is separate from this action. Because of this relationship, Ordinance 2018-13 shall not be effective unless and 75A-278 until Ordinance 2018-12 is approved and is procedurally effective within its corporate limits as a statute in the manner provided by state law. SECTION 12. SEPARABILITY. If any section, subsection sentence, clause, phrase or portion of this Ordinance is held invalid or unconstitutional for any reason by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions. SECTION 13, That as of the effective date of this Ordinance, all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 14. That the City Clerk is hereby directed to certify to the passage of this Ordinance and to cause the same or a summary to be prepared in accordance with Government Code Section 36933, to be published one time within 15 days of its passage in a newspaper of general circulation, printed and published in the County and circulated in the City of Escondido. 75A-279 Ordinance No. 201 &13 Exhlbh'A" Page 1 of 1 -*0111Cj11111IINC111iii FACTORS TO BE CONSIDEREDIFINDINGS OF FACT Zoning Code and Specific Plan Amendments 1. The public health, safety, and welfare would not be adversely affected by the proposed Zoning Code and Specific Plan Amendments. The proposed amendment develops new land use limitations and revises the permitting process for carwash facilities, which requires findings of necessity and strategies necessary to capture economic investment and locate development appropriately. The proposed Zoning Code and Specific Plan Amendments would not be detrimental to surrounding properties because no physical improvements are proposed as part of these proposed amendments. Future construction must comply with any applicable laws and standards. This includes the Building Code, the Fire Code, and any property standards bylaws. 2. The proposed Zoning Code and Specific Plan Amendments help ensure land resources are more closely aligned with critical overarching economic goals of the city, while addressing neighborhood concerns about certain types of businesses. I The proposed Zoning Code and Specific Plan Amendments, implemented over time though updated permit processing and review criteria, would likely lead to increased property values by promoting higher quality carwash facility development and/or preventing unwanted or unsightly forms of development in key areas where high employment uses are desired. 4. The proposed Zoning Code and Specific Plan Amendments would be consistent with the goals and policies of the General Plan because the amendments would not, in and of themselves, result in development or any other material change to the environment. Updating key portions of the Zoning Code establishes specific conditions or standards that would apply to future projects to promote land use ccmpall biIity, reflect current community needs, and ensure their consistent application regardless of zone district type. The proposed Zoning Code and Specific Plan Amendments would not diminish the Quality of Life Standards of the General Plan, nor adversely impact community health or natural resources. This Project requires ancillary and conforming amendments to the East Valley Parkway Area Plan and South Centre City Specific Plan to ensure carwash facilities are reviewed and considered consistently, citywide. 5. This Project requires an ancillary and conforming amendments to the East Valley Parkway Area Plan and South Centre City Specific Plan to ensure carwash facilities are reviewed and considered consistently, citywide. No changes are proposed or required for the West Mission Specific Plan since the plan defers to the citywide Zoning Code, which as amended, would ensure lateral consistency. The proposed Zoning Code and Specific Plan Amendments do not conflict with any specific plan. 75A-280 Ordlnama No. 2014-13 E*ibi! "B" Page 1 of 3 EXHIBIT "B" PROPOSED ZONING CODE AND SPECIFIC PLAN AMENDMENTS AZ 18-0003 SECTION I. Article 16, Sea 33-332, Table 33-332, Permitted and Conditionally Permitted Principal Uses. CG CN CP Car -wash, polishing, vacuuming, or detailing rims or PC accessory use} Article 26, Sec. 33-564, Table 33-564, Permitted and Conditionally Permitted Principal Uses. Automotive services (excluding gasoline service stations and car - wash related uses) 1-0 M-1 M-2 I-P P P Article 26, Sec. 33-564, Table 33-564, Permitted and Conditionally Permitted Principal Uses. Establish "car -wash, polishing, vacuuming, or detailing" as a land use activity, by conditional use permit. Car -wash, polishing, vacuuming, or detailing (primary or accessory use) 1-0 M-1 M-2 I-P C C Article 57, Sec. 33-1126. Reserved_C_ar-wash, polishing, vacuuming, or detailing. The following section shall also aDDly to car -wash. Dolishina. vacuuming. and/or detailina uses (including self-service and automated facilities)- This section applies to any Primary or accessory use and any structure or part thereof used for the washing of cars either by manual or assembl line techniques, utilizing employees or the car owner, or a combination of both. Car -wash, polishing, and detailing uses shall comely with the development standards of the zoning district. general development standards and this section. This section does not apply to temporary car - wash activities that occur on not more than three (3) consecutive days at the same location U All detailing or waxing !except for spray waxing) shall be conducted inside a building enclosed on no less than three sides, subject to the satisfaction of the Director of Community Development. 75A-281 Ordinance No. 2018-13 Exhibit "B" Page 2 of 3 (b) Bay enclosures, (1) Sides of car wash bays or tunnels open to a residential use or a residential or mixed use zoning district that abuts or is across an alley from the site shall be completely enclosed or otherwise screened by a wall. Solid windows that do not oven, class block, or other closed material may be used as part of the wall face. (2) All oarwash bays and tunnels and all carwash equipment shall be designed to minimize the creation, and carrying off the premises, of airborne particles of water. chemicals, and dust, c The exit from the car wash shall have a drainage system which is sub'ect to the approval of the City. [d] Vacuum stations- (1) Vacuum stations and related equipment shall comply with the setbacks for the principal structure, (2) The site shall be designed to reduce the visual impacts of vacuum stations and waiting cars as viewed from surrounding development and public streets. The vacuum stations shall be screened to the extent feasible by an intervening building or by a combination of landscaping, walllfencing, aridlor berming. e) Automated and drive -through car -wash related facilities must also comply with the commercial drive -through requirements set forth in Section 33-341(b). The foIlow n g types. of land use activities shall be sub'ectto Section 33-1125 of this article, (1) The construction of a new car -wash related facility: and f2) The expansion of an existing car -wash related facility that increases the size of the lot and involves new land area devoted to car -wash related improvements. Other hypes of expansions, additions, repairs, upgrades, replacement or reconstruction of existing facilities shall be exempt from the requirements of Section 33-1125. SECTION II. Amend the East Valley Area Plan to read as specified below. The changes are listed in order by section number, with strikeout typeface illustrating deletions and underline typeface illustrating new text. 75A-282 Ordinance No. 2018-13 Exhlait `T Pape 3 of 3 Table 4.1. Permitted and Conditionally Permitted Principal Uses. Change description of use and source of special use regulations. CG Car -wash, polishing, vacuuming. C' detailing, as a primary or accessory use (Section 33-1126") SECTION III. Amend the South Centre City Specific Plan to read as specified below. The changes are listed in order by section number, with strikam, typeface illustrating deletions and underline typeface illustrating new text. Chapter 4, Table 4.2. Permitted Land Uses for Specified DistrictslSubareas. Establish land use authorization for car -wash facilities, by conditional use permit. Car -wash, polishing, vacuuming, detailing (as a Primary or accessory use, subject to Section 33-1126 of the EZC) ^ WM General SE General RC PC 75A-283 I!100110►1rN1:201Ct111111110101i015f AN UNCODIFIED INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ESCONDIDO, CALIFORNIA, TO IMMEDIATELY PROHIBIT NEW CAR WASH USES IN CONTEMPLATION OFAZONING PROPOSAL BEING CONSIDERED BY THE CITY IN ORDER TO PROTECT THE PUBLIC HEALTH, SAFETY, AND WELFARE WHEREAS, there are over 28 carwash facilities currently in the City of Escondido ("City"), which are permitted in a variety of manners depending on the zoning classification; and WHEREAS, the City has the most permissive policy towards carwash facilities when compared to other agencies in the North San Diego County area which contributes to the City's proliferation of carwashes; and WHEREAS, the oversaturation of carwashes in the community provides little economic benefit to the City or City residents; and WHEREAS, an urgency ordinance pursuant to California Government Code section 65858 requires a four -fifths vote of the legislative body for adoption; and WHEREAS, in light of the proliferation of car washes in the City and the impacts as provided in this Ordinance 2018-11 ("Urgency Ordinance") there exists an emergency with respect to the health, public welfare and property in the City of Escondido; and WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred. The City Council of the City of Escondido, California, DOES HEREBY ORDAIN as follows: 75A-284 SECTION 1. Recitals. The Recitals set forth above are true and correct and incorporated herein by reference. SECTION 2. This Urgency Ordinance shall explicitly prohibit the issuance of any zoning, land use, discretionary permit, building permit, environmental approval, business license or any other entitlement involving businesses described as carwashes, whether intended as primary uses or accessory uses in the City of Escondido for forty-five (45) days. Notwithstanding the foregoing, any existing carwash facility shall be allowed to obtain their annual Cityof Escondido business license. Any carwash facilities under construction with a valid building permit on the effective date of this Urgency Ordinance shall be exempt from this Urgency Ordinance. SECTION 3. CEQA. The City Council finds this Urgency Ordinance is exempt from the California Environmental Quality Act (Public Resources Code § 21000, et seq.) ("CEQA") because it can be seen with certainty that there is no possibility that it will have a significant effect on the environment (CEQA Guidelines 14 CCR §§ 15061(b)(3)) and because it consists of regulations and restrictions on activities to assure the maintenance, restoration, or enhancement of natural resources and the environment by prohibiting environmentally destructive components of currently permitted carwash facilities (CEQA Guidelines 14 CCR §§ 15307, 15308). This Ordinance is also exempt from CEQA because it is an urgency measure necessary to protect the City from a current and immediate threat to the public health, safety, and welfare. (Public Resources Code § 21080(b)(4); CEQA Guidelines 14 CCR § 15269.). The City Council, therefore, directs that a Notice of Exemption, (attached as Exhibit "A" and incorporated by this reference), be filed with the County Clerk of the County of San Diego in accordance with CEQA Guidelines. 75A-285 SECTION 4, Findings. The adoption of this Urgency Ordinance is necessary for the immediate protection of the public welfare, health and safety. In accordance with California Government Code § 65858 and in orderto protect the public welfare, health and safety, the City Council of the City of Escondido finds and determines as follows: (a) Currently, there are over 28 carwash facilities currently in the City which were permitted in a variety of manners depending on the zoning classification with potentially more facilities in the immediate future. The City has the most permissive palicy towards these uses compared to other agencies in the North San Diego County area which is an attributable cause to the City's proliferation of carwash facilities. (b) The current oversaturation of carwash facilities in the community provides the City little economic benefit as there are minimal sales tax revenues associated with carwash operations. The unregulated allowance of carwashes is in direct contradiction to the City Council Action Flan priority of Fiscal Management and the strategy to: "Establish regulations that limit the proliferation of targeted non-residential land uses that do not serve the broader interest of enhancing city revenues." Allowing the continued establishment of carwashes will result In the immediate loss of potential revenues to the City and the immediate loss of desirable commercial and industrial sites throughout the City. (c) Canwash facilities hire few employees and typical wages paid at carwash facilities would not increase the City's overall median incomes. Carwashes would therefore not bolsteremployee densities in commercial and industrial zones or increase the per capita median income of the community. Allowing the continued establishment of carwashes will result in the immediate loss of potential income to City residents and reduce potential employment opportunities throughout the City. 75A-286 (d) Carwashes also generate undesirable conditions for adjacent properties. Airborne mist, odors from chemicals and vehicle exhaust, and noise from vacuums, pumps, pressurized sprayers, dryers, engines and car stereos are examples of common impacts generated by these uses. The impacts can be detrimental to the quality of life for adjacent residents and disruptive to adjacent businesses. Allowing the continued establishment of carwashes will result in the immediate potential for disruptions to the quality of live for adjacent residents and businesses. (e) As outlined above, the continued allowance of carwashes will immediately frustrate the City Council Action Plan and be detrimental to the public health, welfare, and safety. SECTION 5. SEPARABILITY. If any section, subsection sentence, clause, phrase or portion of this ordinance is held invalid or unconstitutional for any reason by any court of competent j u risdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions. SECTION 5. Effective Date. The City Council hereby declares, on the basis of the findings set forth above, that this Urgency Ordinance is necessary to preserve the public welfare, health and safety. Accordingly, this Urgency Ordinance is adopted as an urgency ordinance and shall take effect and be in force immediately upon its adoption. SECTION 7. That the City Clerk is hereby directed to certifyto the passage of this Ordinance and to cause the same or a summary to be prepared in accordance with Government Code Section 36933, to be published one time within 15 days of its passage in a newspaper of general circulation, printed and published in the County and circulated in the City of Escondido. 75A-287 PASSED, ADOPTED AND APPROVED by the City Council of the City of Escondido at a regular meeting thereof this 2nd day of May, 2018 by the following vote to wit: AYES : Councilmembers: DIAZ, GALLO, MASSON. MORASCO, ABED NOES : Councilmembers: NONE ABSENT : Councilmembers: NONE APPROVED: + � r SAM ABED, Mayor of the City of Escondido, California ATTEST: k C r DIANE HALVERSON, City Clerk of the City of Escondido, California STATE OF CALIFORNIA ) COUNTY OF SAN D€EGO : ss. CITY Of ESCONDIDO ] 1, DIANE HALVERSON, City Clerk ofthe City of Escondido, hereby certify that the foregoing INTERIM URGENCY ORDINANCENO. 2018-1 1 Passed at a regular meeting of the City Council of the City of Escondido held on the 2"d day of May, 2018. i DIANE HALVERSON, City Clerk of rho City of Escondido, California 0RDINANCE 7\10, 2018-1 1 75A-288 UHInanw2032-u uhbt'A' Pace 1 of 1 CITY OF ESCONDIDO PLANNING DIVISION 201 NORTH BROADWAY Cigrafn_Iwlce"114~ ES CONDIDO, CA92026-2798 (760) 839-4671 Notice of Exemption To: San Diego AssessorlRecorderlCounty Clerk From: City of Escondido Attn: Fish & Wildlife Notices Planning Division 1600 Pacific Hwy, Room 260 201 North Broadway San Diego, CA 92101 Escondido, CA 92025 MS A-33 Project TitlelCase No.: Interim Ordinance Imposing a Moratorium on Carwash Facilities Project Applicant: City of Escondido Project Location- Specific: Citywide Project Location - City: Escondido Project Location - County: San Diego Description of Nature, Purpose and Beneflciarles of Project: An interim urgency measure, pursuant to Government Code 65858, imposing a moratorium on the issuance of any zoning, land use, discretionary permit, building permit, environmental approval, business license or any other entitlement involving businesses described as carwashes, whether intended as primary uses or accessory uses. The proposed moratorium would allow the Planning Division an opportunity to develop and present new land use standards regulating this particular land use. Name of Public Agency Approving Project: City of Escondido Name of Person or Agency Carrying Out Project: Name: Bill Martin, Community Development Director Telephone: (760) 539.4671 Address: City of Escondido Planning Division, 201 N. Broadway, Escondido, CA 92026 ❑ Private entity ❑ School district ❑ Local public agency ❑ State agency ❑ Other special district Exempt Status: Categorical Exemption. Because it can be seen with certainty that there is no possibility that the proposed action will have a significant effect on the environment (CERA Guidelines 14 CCR §§ 15061(b)(3)); and an urgency measure necessary to protect the City from a current and immediate threat to the public health, safety, and welfare. (Public Resources Code § 21060(b)(4). CEQA Guidelines 14 CCR § 15269.)- Reasons why project is exempt: 1. The unregulated allowance of carwashes is in direct contradiction to the City Council Action Plan priority of Fiscal Management and the strategy to: "Establish regulations that limit the proliferation of targeted non- residential land uses that do not serve the broader interest of enhancing city revenues.' Allowing the continued establishment of canvasheswiII result in the immediate loss of potential revenues to the City and the immediate loss of desirable commercial and industrial sites throughout the City. 2. Carwashes also generate undesirable conditions for adjacent properties. Airborne mist, odors from chemicals and vehicle exhaust, and noise from vacuums, pumps, pressurized sprayers, dryers, engines and car stereos are examples of common impacts generated by these uses. The impacts can be detrimental to the quality of life for adjacent residents and disruptive to adjacent businesses. Allowing the continued establishment of carwashes will result in the immediate potential for disruptions to the quality of life for adjacent residents and businesses. 75A-289 oMmanh 2010 u Exhibit "A' P.,20t Lead Agency Contact Person. Area CodelTelephonelExtension [76M 839.4671 $ignat Bill Martin, Community Development Director pate ® Signed by Lead Agency Date received for filing at 0PR ❑ Signed by Applicant 75A-290 LS 10.15.19 RESOLUTION NO. 2019-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DENYING APPEAL APPLICATION NO. 2019-03 AND UPHOLDING THE DETERMINATION OF THE PLANNING COMMISSION TO APPROVE CONDITIONAL USE PERMIT NO. 2019-30 TO ALLOW A CAR WASH AT 301 NORTH TUSTIN AVENUE, AMENDMENT TO VARIANCE NO. 2018-10 TO ALLOW A REDUCED FRONT YARD AT 301 NORTH TUSTIN AVENUE, CONDITIONAL USE PERMIT NO. 2019-31 TO ALLOW THE 24 HOUR OPERATION OF A CONVENIENCE STORE AT 325 NORTH TUSTIN AVENUE AND ENVIRONMENTAL REVIEW NO. 2019-69 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. On September 9, 2019, the Planning Commission held a public hearing as required by law on Conditional Use Permit (CUP) No. 2019-30 to allow a car wash at 301 North Tustin Avenue and amendment to Variance No. 2018-10 to a reduced front yard at 301 North Tustin Avenue and Conditional Use Permit No. 2019-31 to allow a convenience store to operate 24 hours a day at 325 North Tustin Avenue. After listening to public testimony and consideration of the facts, the Planning Commission approved CUP No. 2019-30, amendment to Variance No. 2018-10, CUP No. 2019-31 and Environmental Review No. 2019-69 by a vote of 4:0 with one absence. B. On September 19, 2019, Kara Grant on behalf of William and Karina Conklin ("the Conklins"), submitted an appeal to the City requesting that the City Council reconsider the Planning Commission's decision and deny CUP No. 2019-30, amendment to Variance No. 2018-10, CUP No. 2019- 31, and Environmental Review No. 2019-69 based on four reasons: The Commission failed to satisfy the five required criteria for granting conditional use permits set forth in Santa Ana Municipal Code (SAMC) Section 41-638 and thus should not have granted Conditional Use Permit No. 2019-30. Resolution No. 2019-xx 75A-291 Page 1 of 8 II. The Commission failed to perform review of the Car Wash Project's environmental impacts under the California Environmental Quality Act (CEQA) because it erroneously determined that the Project was categorically exempt from CEQA review as an infill development project. III. Amendment to Variance No. 2018-10 should have been denied because it does not address "special circumstances" that deprive the subject property of privileges enjoyed by similar properties, and instead constitutes an impermissible grant of special privileges. (See SAMC Section 41-638(a)(2); Gov't Code 65906) IV. The notice distributed for the September 9, 2019 Planning Commission public hearing, 10 days before the hearing and only to properties within 500 feet of the project was not reasonably calculated to afford affected persons, like the Conklins, the realistic opportunity to protect their interests. The Conklins were not included on the City's list of individuals/properties to review notice of the hearing. C. On October 15, 2019, the City Council conducted a duly noticed de novo public hearing on Appeal Application No. 2019-03 and found that: I. The required findings for Conditional Use Permit No. 2019-30 were made in accordance with Santa Ana Municipal Code Section 41-638 (Planning Commission Resolution No. 2019-35) and are as follows: 1. That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. The car wash will continue to provide a service to persons that are working or residing in the area. The car wash will replace the existing automated car wash at 325 North Tustin Avenue. The new facility will be bigger than the existing operations and provide vacuum stations for the customers' use. The site will be redeveloped with a new building with a contemporary design with smooth plaster finishes, metal canopies, ceramic tile, and landscaping contributing to the aesthetics of the area. 2. That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The proposed car wash will not be detrimental to the health, safety or welfare of those residing or working in the vicinity. The site plan was designed to meet the City's stacking requirements and provides for queuing of approximately 15 Resolution No. 2019-xx 75A-292 Page 2 of 8 vehicles. In addition, the stacking lane was placed at the rear of the site to reduce the chance for overflow vehicular queuing onto any public streets. There are no immediately adjacent nearby residential land uses. The uses immediately adjacent to the site include a service station to the north, a medical office building to the south (within the City of Tustin) and the Costa Mesa Freeway to the east. The closest nearby residential uses are over 500 feet from the project site, including the Village Apartments (to the north and across Fourth Street) at 521 North Tustin Avenue and The Orchard (to the southwest and across Tustin Avenue) at 2151 East First Street. The blowers/dryers will be set back 15 feet within the car wash tunnel and the vacuums have been placed north of the car wash tunnel to buffer noise from the office building to the south. A traffic impact analysis was completed by Linscott Law & Greenspan and reviewed by the Public Works Agency and found that the project or cumulative project conditions will not significantly impact any of the nearby street intersections. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The car wash will not adversely affect the economic stability or future economic development of properties in the surrounding area. The property is within the General Commercial (C2) zoning district. Additionally, since 1973, a car wash has been in operation at 325 North Tustin Avenue which is immediately adjacent to the car wash site and interrelated to the subject site as the sites would be redeveloped concurrently. The automated car wash will replace the existing car wash and the site will be redeveloped with a new building with a contemporary design and water efficient landscaping. The car wash will provide an additional service to the community and will provide a commercial business that will generate sales tax revenue for the City. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The proposed use complies with the regulations and conditions in Chapter 41 including building heights and parking. A condition of approval has been added to the conditional use permit for a property maintenance agreement Resolution No. 2019-xx 75A-293 Page 3 of 8 to be recorded against the property which will ensure that the property and all improvements are properly maintained. 5. That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. The proposed car wash will not adversely affect the General Plan. The project is located in a General Commercial (GC) General Plan land use area which allows for commercial uses such as car wash facilities. The project is consistent with several goals and policies of the General Plan, including the Land Use Element and Urban Design Element. Land Use Element Goal 1 to promote a balance of land uses to address basic community needs. Specifically, Land Use Element Goal 2 to promote land uses that enhance the City's economic and fiscal viability. Furthermore, the project is consistent with Policy 2.8, to promote rehabilitation of commercial properties, and encourage increased levels of capital investment. The car wash will redevelop the site with a new commercial business that will provide a service to those working and living in the City. Urban Design Goal 1 to improve the physical appearance of the City through development of districts that project a sense of place, positive community image and quality environmental. Specifically, Policy 1.5 to enhance architectural forms, textures, colors, and materials are expected in the design of all projects. The vacant lot will be redeveloped with a new building designed with contemporary architecture and water efficient landscaping. II. The Planning Commission determined that the project was categorically exempt in accordance with the California Environmental Quality Act (Environmental Review No. 2019-69). 1. The project is exempt pursuant to CEQA Guidelines Section 15332, Class 32 (In -fill Development Projects). This exemption is applicable to the project as the project is consistent with the General Plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations, the project is within city limits and is less than five acres (1.46 acres) and is surrounded by urban uses. The site was previously developed with commercial uses and has no habitat for endangered, rare or threatened species. The project would not result in any significant effects related to traffic, noise, air quality or water quality as indicated by the Traffic Study dated May 2019 prepared by Linscott, Law and Greenspan, the Noise Study dated July 2019 prepared by LSA, and the Conceptual Water A Resolution No. 2019-xx 75A-294 Page 4 of 8 Quality Management Plan prepared for the project. The project can be served by all required utilities and public services. III. The required findings for amendment to Variance No. 2018-10 were made in accordance with Santa Ana Municipal Code Section 41-638 (Planning Commission Resolution No. 2019-36) and are as follows: 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this Chapter. There are special circumstances related to the property as street dedications are required, site plan considerations for the proposed use and the irregular shape of the lot. A 2-foot dedication of the property is required along Tustin Avenue, thereby reducing the size of the property and reducing the landscaped setback to 10 feet for a portion of the street frontage. The lot is constricted by the Costa Mesa Freeway which binds the site to the east. Due to the freeway right-of- way the depth of the lot narrows from the north to the south as the freeway continues. In addition, complexities of car wash stacking and circulation patterns make it difficult to create a functional site plan that meets all the development standards and does not create stacking on the adjacent streets. 2. That the granting of a variance is necessary for the preservation and enjoyment of one (1) or more substantial property rights. Granting this variance is necessary for the preservation and enjoyment of substantial property rights. The interrelated property at 301 North Tustin Avenue is currently developed with a car wash, service station and convenience store with minimal landscaping. The proposed integrated development will have more landscaping than what is currently on site and will allow for continued operation of a car wash. Amending the variance to allow for a portion of the lot to have a reduced landscape setback would allow the property owner to redevelop with a car wash and provide for adequate stacking and vehicular turn movements. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. Granting this variance will not be detrimental to the public or surrounding properties. The proposed project will reduce the Resolution No. 2019-xx 75A-295 Page 5 of 8 number of driveways to the site. In addition, the building has been designed to incorporate high quality materials, enhanced landscaping and will continue to provide a service to the nearby community and public. The surrounding uses are commercial and professional uses and will not be detrimentally impacted by the reduced yards. 4. That the granting of a variance will not adversely affect the General Plan of the city. The variance for reduced yards will not adversely affect the General Plan. The project is located in a General Commercial (GC) General Plan land use which allows for commercial uses such as car wash facilities and service stations. The project is consistent with several goals and policies of the General Plan, including the Land Use Element and Urban Design Element. Land Use Element Goal 1 to promote a balance of land uses to address basic community needs. Specifically, Land Use Element Goal 2 promotes land uses that enhance the City's economic and fiscal viability. Furthermore, the project is consistent with Policy 2.8, to promote rehabilitation of commercial properties, and encourage increased levels of capital investment. The car wash will redevelop the site with a new commercial business that will provide a service to those working and living in the City. Urban Design Goal 1 aims to improve the physical appearance of the City through the development of districts that project a sense of place, positive community image and quality environmental. Policy 1.5 promotes projects that enhance architectural forms, textures, colors, and materials in the design of all projects. The vacant lot will be redeveloped with a new building with contemporary architecture and water efficient landscaping. IV. Notice of the September 9, 2019 Planning Commission public hearing was provided in accordance with the Government Code as well as Santa Ana Municipal Code Section 41-636 and Section 2-153(c) by advertising in the Orange County Reporter a newspaper of general circulation, by mailing to owners of property and residents within 500 feet of the project site and posting on the project site on August 30, 2019 10-days prior to the public hearing. Section 2. The City Council, after hearing, considering and weighing all evidence in the record presented on behalf of all parties and being fully informed of the application, the Planning Commission's decision, and the appeal, hereby finds and determines that the Planning Commission's decision was not made in error, that the Planning Commission's decision was not an abuse of discretion by the Planning Resolution No. 2019-xx 75A-296 Page 6 of 8 Commission and that the Planning Commission's decision was supported by substantial evidence in the record. Section 3. In accordance with the California Environmental Quality Act Environmental Review No. 2019-69, the City Council does hereby find and determine that the project is exempt pursuant to CEQA Guidelines Section 15332, Class 32 (In -fill Development Projects). This exemption is applicable to the project as the project is consistent with the General Plan and zoning designation and all applicable general plan policies, the project is within city limits and is less than five acres (1.46 acres) and is surrounded by urban uses. The site was previously developed with commercial uses and has no habitat for endangered, rare or threatened species. The project would not result in any significant effects related to traffic, noise, air quality or water quality as indicated by the Traffic Study dated May 17, 2019 prepared by Linscott, Law and Greenspan, the Noise Study dated July 2019 prepared by LSA, and the Conceptual Water Quality Management Plan prepared for the project. The project site lies within the jurisdiction of the South Coast Air Quality Management District (SCAQMD). As such construction of the project shall comply with SCAQMD Rule 403, which identified measures to reduce fugitive dust and is required to be implemented at all construction sites located within the South Coast Air Basin. The project will not exceed construction or operational emission thresholds established by the SCAQMD. The project can be served by all required utilities and public services. Section 4. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, and other and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively "Actions"), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 5. The City Council of the City of Santa Ana hereby denies Appeal Application No. 2019-03, thereby upholding the Planning Commission's approval of Resolution No. 2019-xx 75A-297 Page 7 of 8 Conditional Use Permit No. 2019-30, amendment to Variance No. 2018-10, Conditional Use Permit No. 2019-31 and Environmental Review No. 2019-69. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for City Council Action dated October 15, 2019, and exhibits attached thereto; the Request for Planning Commission Action dated September 9, 2019, and exhibits attached thereto, and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this day of , 2019. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: . Lisa Storck Assistant City Attorney AYES: NOES: ABSTAIN NOT PRESENT Councilmembers Councilmembers Councilmembers Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2019-xx to be the original resolution adopted by the City Council of the City of Santa Ana on 2019. Date: Clerk of the Council Resolution No. 2019-xx 75A-298 Page 8 of 8 *A:I1:1hill LS 9.9.19 RESOLUTION NO. 2019-35 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-30 AS CONDITIONED TO ALLOW A CAR WASH AT THE PROPERTY LOCATED AT 301 NORTH TUSTIN AVENUE BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Richard Finkel, representing Russell Fischer LP ("Applicant"), is requesting approval of Conditional Use Permit No. 2019-30 to allow a car wash in the General Commercial (C2) zoning district at 301 North Tustin Avenue. B. Santa Ana Municipal Code (SAMC) Section 41-377.5(b) requires approval of a conditional use permit for car wash facilities. C. Pursuant to SAMC Section 41-638, the Planning Commission is authorized to review and approve the conditional use permit for this project. D. On September 9, 2019, the Planning Commission held a duly noticed public hearing for Conditional Use Permit No. 2019-30. E. The Planning Commission of the City of Santa Ana has considered the information and determines that following findings, which must be established in order to grant Conditional Use Permit No. 2019-30 for a car wash have been established as required by SAMC Section 41-638: 1. That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. The car wash will provide a service to persons that are working or residing in the area. The car wash will replace the existing automated car wash at 325 North Tustin Avenue. The new facility will be bigger than the existing operation and will provide vacuum stations for the customers' use. The site will be redeveloped with a new building with a contemporary design with smooth plaster finishes, metal canopies, ceramic tile, and landscaping contributing to the aesthetics of the area. Resolution No. 2019-35 75A-299 Page 1 of 9 2. That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The proposed car wash will not be detrimental to the health, safety or welfare of those residing or working in the vicinity. The site plan was designed to meet the City's stacking requirements and provides for queuing of approximately 15 vehicles. In addition, the stacking lane was placed at the rear of the site to reduce the chance for overflow vehicular queuing onto any public streets. There are no immediately adjacent nearby residential land uses. The uses immediately adjacent to the site include a service station to the north, a medical office building to the south (within the City of Tustin) and the Costa Mesa Freeway to the east. The closest nearby residential uses are over 500 feet from the project site - including the Village Apartments (to the north and across Fourth Street) at 521 North Tustin Avenue, and The Orchard (to the southwest and across Tustin Avenue) at 2151 East First Street. The blowers/dryers will be setback 15 feet within the car wash tunnel and the vacuums have been placed north of the car wash tunnel to buffer noise from the office building to the south. A traffic impact analysis was completed by Linscott Law & Greenspan and reviewed by the Public Works Agency and found that the project or cumulative project conditions will not significantly impact any of the nearby street intersections. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The car wash will not adversely affect the economic stability or future economic development of properties in the surrounding area. The property is within the General Commercial (C2) zoning district. Additionally, since 1973, a car wash has been in operation at 325 North Tustin Avenue which is immediately adjacent to the car wash site and interrelated to the subject site as the sites would be redeveloped concurrently. The automated car wash will replace the existing car wash and the site will be redeveloped with a new building with a contemporary design and water efficient landscaping. The car wash will provide an additional service to the community and will provide a commercial business that will generate sales tax revenue for the City. Resolution No. 2019-35 Page 2 of 9 75A-300 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The proposed use complies with the regulations and conditions in Chapter 41 including building height and parking. A condition of approval has been added to the conditional use permit for a property maintenance agreement to be recorded against the property which will ensure that the property and all improvements are properly maintained. 5. That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. The proposed car wash will not adversely affect the General Plan. The project is located in a General Commercial (GC) General Plan land use area which allows for commercial uses such as car wash facilities. The project is consistent with several goals and policies of the General Plan, including the Land Use Element and Urban Design Element. Land Use Element Goal 1 to promote a balance of land uses to address basic community needs, specifically. Land Use Element Goal 2 to promote land uses that enhance the City's economic and fiscal viability. Furthermore, the project is consistent with Policy 2.8, to promote rehabilitation of commercial properties, and encourage increased levels of capital investment. The car wash will redevelop the site with a new commercial business that will provide a service to those working and living in the City. Urban Design Goal 1 to improve the physical appearance of the City through development of districts that project a sense of place, positive community image and quality environmental. Specifically, Policy 1.5 to enhance architectural forms, textures, colors, and materials are expected in the design of all projects. The vacant lot will be redeveloped with a new building with contemporary architecture and water efficient landscaping. Section 2. In accordance with the California Environmental Quality Act, the project is exempt from further review per Section 15332 of the Guidelines for the California Environmental Quality Act. The Class 32 exemption applies to in -fill development. The project is consistent with the General Plan and zoning designation. The combined development site is 1.46 acres and surrounded by urban uses. The site was previously developed with commercial uses and has no habitat for endangered, rare or threatened species. The project will not result in any significant impacts related to traffic, noise, air quality or water quality according to the traffic impact analysis and with implementation of water quality requirements. The project can be served by all Resolution No. 2019-35 75A-301 Page 3 of 9 required utilities and public services. As a result, Categorical Exemption, Environmental Review No. 2019-69 will be filed for this project. Section 3. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, and other and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively "Actions"), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the Project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 4. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2019-30, as conditioned in Exhibit A, attached hereto and incorporated herein for the project located at 301 North Tustin Avenue. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for Planning Commission Action dated September 9, 2019, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Resolution No. 2019-35 Page 4 of 9 75A-302 ADOPTED this day of ��y , 2019. AYES: Commissioners: Cano, Contreras -Leo, McLoughlin, Rivera (4) NOES: Commissioners: None (0) ABSENT: Commissioners: Nguyen (1) ABSTENTIONS: Commissioners: None (0) / Mar cLoughlin Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2019-35 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on �� cl 12019. Date: Recording Secretary City of Santa Ana Resolution No. 2019-35 75A-303 Page 5 of 9 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2019-30 Conditional Use Permit No. 2019-30 to allow a car wash is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. In addition, they shall meet the following conditions of approval: Whe Applicant must comply with each and every condition listed below Prior to exercising The Applicant must comply with each and every condition listed below prior to exercising the rights conferred by this conditional use permit. I. The Applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. 1. All proposed site improvements must conform to the Site Plan Review (DP No. 2019- 14) and the staff report exhibits. 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. The installation and/or use of air/blower guns at the site is prohibited. 4. Hours of operation shall be from 7:00 a.m. to 8:00 p.m. 5. Vacuuming equipment shall not be available or functional during non -operating hours. 6. Onsite employees shall be responsible for the removal of all litter and trash from the site each day. 7. Inoperable or malfunctioning equipment shall be repaired or replaced in a timely manner. 8. There shall be no overnight parking of vehicles on site. 9. Customer restrooms shall be locked during all non -operating hours. 10. There shall be no outdoor speakers or any other sound amplifying devices installed on the site. 11. Prior to Building & Safety Division plan check submittal, the Applicant shall submit a technical noise study prepared by a professional firm specializing in preparation of noise studies to the City for review by the Planning Division, Police Department, and Code Enforcement Division that demonstrates that the proposed design and Resolution No. 2019-35 Page 6 of 9 75A-304 equipment of the car wash will conform to City noise ordinances and will minimize noise impacts on adjacent properties. The Applicant shall, to the best of his or her abilities and at his or her sole cost, utilize the same noise specialists employed at the Applicant's other location(s) to prepare the noise readings and studies. Prior to issuance of a permanent certificate of occupancy, the Applicant shall hold a "soft opening" to test all noise -generating equipment onsite and make adjustments as necessary to bring the equipment into compliance with City noise ordinance standards, to the satisfaction of the Planning and Building Agency and Police Department. The Applicant shall submit an updated and revised noise study based on updated field measurements within one (1) month of commencement of operations, and again on the one-year anniversary of the commencement of operations, to ensure compliance with the City's noise ordinances. 12. Prior to the issuance of a building permit, a landscape and irrigation plan is to be submitted for review and approval. The landscape plan shall conform to the commercial landscape standards, Citywide Design Guidelines and the City's Water Efficient Landscape Ordinance. 13. Prior to the issuance of a building permit, a reciprocal access and parking agreement shall be approved as to form by the City Attorney & Planning Manager and recorded against the property. 14.Prior to the issuance of a certificate of occupancy, a Property Maintenance Agreement must be recorded against the property. The agreement will be subject to review and applicability by the Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained, Developer (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the Applicant) shall execute a maintenance agreement with the City of Santa Ana which shall be recorded against the property and which shall be in a form reasonably satisfactory to the City Attorney. The maintenance agreement shall contain covenants, conditions and restrictions relating to the following: (a) Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.); (b) Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses, (c) Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable; Resolution No. 2019-35 75A-305 Page 7 of 9 (d) Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable); (e) If Developer and the owner of the property are different (e.g., if the Applicant is a tenant or licensee of the property or any portion thereof), both the Applicant and the owner of the property shall be signatories to the maintenance agreement and both shall be jointly and severally liable for compliance with its terms. (f) The maintenance agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties and obligations and responsibilities set forth under the maintenance agreement. (g) The maintenance agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The maintenance agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City. (h) The execution and recordation of the maintenance agreement shall be a condition precedent to the issuance of final approval for any construction permit related to this entitlement. II. The following are requirements that will need to be addressed and/or approved by the Police Department prior to issuance of a building permit: 1. Submitted plans must indicate that all structures and parking lots comply with the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). All applicable sections must be printed verbatim on the submitted set of plans. Resolution No. 2019-35 Page 8 of 9 75A-306 III. The following are requirements that will need to be addressed and/or approved by the Public Works Agency prior to issuance of a building permit: Prior to issuance of a building permit, submit a site plan that shows compliance with trash services including: a. Depict trash trucks turning radius on the all proposed internal corners b. 42 feet on a 90-degree turn radius c. Minimum 11 feet, 6 inches lane width for turn radius d. For roll out service the desired path of travel for the bin must be level with no "lips" or major elevation changes e. Minimum one time a week service adequate for all waste to be contained within the bins, adjustments to the number of yards required for service are at the discretion of the City and Waste Management f. The maximum number of pick-ups is 2 times per week. Resolution No. 2019-35 75A-307 Page 9 of 9 LS 9.9.19 RESOLUTION NO. 2019-36 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING AN AMENDMENT TO VARIANCE NO. 2018-10 TO ALLOW A REDUCTION IN REQUIRED YARDS FOR A SERVICE STATION AT 325 NORTH TUSTIN AVENUE AND FOR A CAR WASH AT 301 NORTH TUSTIN AVENUE BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Richard Finkel, representing Russell Fischer LP ("Applicant'), is requesting approval of an amendment to Variance No. 2018-10 as conditioned to allow a reduced front yard for a car wash at 301 North Tustin Avenue and to allow reduced front and street side yards for a service station and convenience store at 325 North Tustin Avenue. B. Santa Ana Municipal Code (SAMC) Sections 41-368 and 41-380 require a 15 foot minimum front yard and Sections 41-369 and 41-381 require a 15 foot minimum front and street yards. The Applicant is proposing a front yard of 10 feet for a portion of the site. C. Pursuant to SAMC Section 41-638, the Planning Commission is authorized to review and approve the variance for this project as set forth by the Santa Ana Municipal Code. D. On September 9, 2019, the Planning Commission held a duly noticed public hearing for an amendment to Variance No. 2018-10. E. The Planning Commission of the City of Santa Ana has considered the information and determines that the following findings, which must be established in order to grant the amendment to Variance No. 2018-10, for reduced yards, have been established as required by SAMC Section 41- 638: 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this Chapter. There are special circumstances related to the property as street dedications are required, site plan considerations for Resolution No. 2019-36 75A-308 Page 1 of the proposed use and the irregular shape of the lot. A 2-foot dedication is required along Tustin Avenue, therefore reducing the size of the property and reducing the landscaped setback to 10 feet for a portion of the street frontage. The lot is constricted by the Costa Mesa Freeway which binds the site to the east. Due to the freeway right-of- way the lot depth narrows from the north to the south as the freeway continues. In addition, complexities of car wash stacking and circulation patterns make it difficult to create functional site plan that meets all the development standards and does not create stacking on the adjacent streets. 2. That the granting of a variance is necessary for the preservation and enjoyment of one (1) or more substantial property rights. Granting this variance is necessary for the preservation and enjoyment of substantial property rights. The interrelated property at 301 North Tustin Avenue is currently developed with a car wash, service station and convenience store with minimal landscaping. The proposed integrated development will have more landscaping than what is currently on site and will allow for continued operations of a car wash. Amending the variance to allow for a portion of the lot to have a reduced landscape setback would allow the property owner to redevelop with a car wash and provide for adequate stacking and vehicular turn movements. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. Granting this variance will not be detrimental to the public or surrounding properties. The proposed project will reduce the number of driveways to the site. In addition, the building has been designed to incorporate high quality materials, enhanced landscaping and will continue to provide a service to the nearby community and public. The surrounding uses are commercial and professional uses and will not be impacted by the reduced yards. 4. That the granting of a variance will not adversely affect the General Plan of the city. The variance for reduced yards will not adversely affect the General Plan. The project is located in a General Commercial (GC) General Plan land use which allows for commercial uses such car wash facilities and service stations. The project is consistent with several goals and policies of the General Plan, including the Land Use Element and Urban Design Element. Land Use Element Goal 1 to promote a balance of land uses to address basic community needs. Specifically, Land Use Resolution No. 2019-36 75A-309 Page 2 of 6 Element Goal 2 promotes land uses that enhance the City's economic and fiscal viability. Furthermore, the project is consistent with Policy 2.8, to promote rehabilitation of commercial properties, and encourage increased levels of capital investment. The car wash will redevelop the site with a new commercial business that will provide a service to those working and living in the City. Urban Design Goal 1 aims to improve the physical appearance of the City through development of districts that project a sense of place, positive community image and quality environmental. Policy 1.5 promotes projects that enhance architectural forms, textures, colors, and materials are expected in the design of all projects. The vacant lot will be redeveloped with a new building with contemporary architecture and water efficient landscaping. Section 2. In accordance with the California Environmental Quality Act, the project is exempt from further review per Section 15332 of the Guidelines for the California Environmental Quality Act. The Class 32 exemption applies to in fill development. The project is consistent with the General Plan and zoning designation. The combined development site is 1.46 acres and surrounded by urban uses. The site was previously developed with commercial uses and has no habitat for endangered, rare or threatened species. The project will not result in any significant impacts related to traffic, noise, air quality or water quality according to the traffic impact analysis and with implementation of water quality requirements. The project can be served by all required utilities and public services. As a result, Categorical Exemption, Environmental Review No. 2019-69 will be filed for this project. Section 3. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, and other and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively "Actions"), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the Project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. Resolution No. 2019-36 75A-310 Page 3 of 6 City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 4. The Planning Commission of the City of Santa Ana, after conducting the public hearing, hereby approves the amendment to Variance No. 2018-10 as conditioned in Exhibit A, attached hereto and incorporated as though fully set forth herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated September 9, 2019, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this I day of SP_Lk-e,wLy-V '2019. AYES: Commissioners: Cano, Contreras -Leo, McLoughlin, Rivera (4) NOES: Commissioners: None (0) ABSENT: Commissioners: Nguyen (1) ABSTENTIONS: Commissioners: None (0) Mark. Loughlin Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2019-36 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on September 9, 2019. Date: q 0 1 cl aAWC jr U-"W" Recording Secretary City of Santa Ana 75A-311 Resolution No. 2019-36 Page 4 of 6 EXHIBIT A Conditions of Approval for Amendment to Variance No. 2018-10 Variance No. 2018-10 to allow for a reduced yard at 301 and 325 North Tustin Avenue is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. In addition, they shall meet the following conditions of approval: The Applicant must comply with each and every condition listed below prior to exercising the rights conferred by this variance. I. The Applicant must remain in compliance with all conditions listed below throughout the life of the variance. Failure to comply with each and every condition may result in the revocation of the variance. 1. All proposed site improvements must conform to the Site Plan Review (DP No. 2016- 45) and the staff report exhibits. 3. Any amendment to this variance must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the variance must be amended. 4. Prior to the issuance of a building permit a reciprocal access and parking agreement shall be approved by the City Attorney & Planning Manager and recorded to the property. 5. Prior to the issuance of a building permit, a landscape and irrigation plan shall be submitted for review and approval. The landscape plan shall conform to the commercial landscape standards, Citywide Design Guidelines and the City's Water Efficient Landscape Ordinance. 6. Prior to the issuance of a building permit, a Property Maintenance Agreement must be recorded. The agreement will be subject to review and applicability by the Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained, Developer (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the applicant) shall execute a maintenance agreement with the City of Santa Ana which shall be recorded against the property and which shall be in a form reasonably satisfactory to the City Attorney. The Maintenance Agreement shall contain covenants, conditions and restrictions relating to the following: Resolution No. 2019-36 75A-312 Page 5 of 6 (a) Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.); (b) Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses, (c) Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable; (d) Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable); (e) If Developer and the owner of the property are different (e.g., if the applicant is a tenant or licensee of the property or any portion thereof), both the applicant and the owner of the property shall be signatories to the maintenance agreement and both shall be jointly and severally liable for compliance with its terms. (f) The maintenance agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties and obligations and responsibilities set forth under the maintenance agreement. (g) The maintenance agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The maintenance agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City. (h) The execution and recordation of the maintenance agreement shall be a condition precedent to the issuance of final approval for any construction permit related to this entitlement. Resolution No. 2019-36 Page 6 of 6 75A-313 LS 9.9.19 RESOLUTION NO. 2019-37 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-31 AS CONDITIONED TO ALLOW 24-HOUR OPERATIONS OF A RETAIL STORE LOCATED AT 325 NORTH TUSTIN AVENUE BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Richard Finkel, representing Russell Fischer LP ("Applicant'), is requesting approval of Conditional Use Permit No. 2019-31 to allow a retail convenience store located at 325 North Tustin Avenue to operate 24 hours a day. B. Santa Ana Municipal Code ("SAMC") Section 41-365.5(h) and 41-377.5 require approval of a conditional use permit for retail markets having less than twenty thousand (20,000) square feet of floor area which are open at anytime between the hours of 12:00 a.m. and 5:00 a.m. C. Pursuant to SAMC Section 41-638, the Planning Commission is authorized to review and approve the conditional use permit ("CUP") for this project. D. On September 9, 2019, the Planning Commission held a duly noticed public hearing for Conditional Use Permit No. 2019-31. E. The Planning Commission of the City of Santa Ana considered the information and determines that the following findings, which must be established in order to grant Conditional Use Permit No. 2019-31, to allow extended hours of operation, have been established as required by SAMC Section 41-638: 1. That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. The proposed convenience store will provide an additional amenity to individuals wishing to have an early coffee and/or meal. This will thereby benefit the community by providing a convenience store offering service past 12:00 midnight, which Resolution No. 2019-37 75A-314 Page 1 of 8 is consistent with other similar uses in the City. By offering extended hours of operation, the business will provide an added convenience and a one -stop shopping experience. The project will redevelop the site with a new convenience store and service station. Site improvements include enhanced landscaping, pedestrian access pathways and exterior lighting. This will help activate and upgrade the street corner. 2. That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The proposed after-hours operations will not be detrimental to the health, safety or welfare of those residing or working in the vicinity. There are no sensitive land uses immediately adjacent to the site. There is a service station to the north, a medical office building to the south (within the City of Tustin) and the SR-55 freeway to the east. The closest nearby residential uses are over 500 feet from the project site: The Village Apartments (to the north and across Fourth Street) at 521 North Tustin Avenue and The Orchard (to the southwest and across Tustin Avenue) at 2151 East First Street. Conditions have been placed on the CUP in order to mitigate any negative impacts to the surrounding community. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The approval of this application supports Policy 4.5 of the Economic Development Element of the General Plan. This policy encourages making land use decisions based not on purely fiscal considerations and stresses the importance of the qualitative implications that are associated with new uses. The approval of a 24-hour operation for the convenience store at this location will positively influence the present and future economic stability of the property and will diversify the products and services offered within the general area. Further, this will allow the convenience store to remain competitive with similar uses in the area which offer similar goods found in retail and convenience stores. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. Resolution No. 2019-37 Page 2 of S 75A-315 The proposed after-hours conditional use permit will be in compliance with all applicable regulations of Chapter 41 of the SAMC regarding establishments that operate on a 24-hour basis. Conditions of approval have been added to ensure the project remains in compliance with all applicable codes and regulations related to 24-hour operations and to mitigate any potential impacts to the general vicinity. 5. That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. The proposed project will not adversely affect the General Plan. The project is located in a General Commercial (GC) General Plan land use designation which allows for commercial uses such as service and retail establishments. The project is consistent with several goals and policies of the General Plan, including the Economic Development Element, Land Use Element, and Urban Design Element. Land Use Element Goal 1 promotes a balance of land uses to address basic community needs. Land Use Element Goal 2 promotes land uses that enhance the City's economic and fiscal viability. Policy 2.8 promotes rehabilitation of commercial properties, and encourages increased levels of capital investment. The convenience store will contribute to the viability of the commercial corridor in which it is located and will provide a service to those working and living in the area. Policy 2.9 supports developments that create a business environment that is safe and attractive. The property maintenance condition of approval will maintain a safe and attractive environment in the community. Economic Development Element Goal 2 maintains and enhances the diversity of the City's economic base. Policy 2.3 encourages the development of mutually beneficial and supportive business clusters within the community. Urban Design Element Goal 1 improves the physical appearance of the City through the development of districts that project a sense of place, positive community image and quality environment. The vacant lot will be redeveloped with a new building with contemporary architecture and water efficient landscaping. Section 2. In accordance with the California Environmental Quality Act, the project is exempt from further review per Section 15332 of the Guidelines for the California Environmental Quality Act. The Class 32 exemption applies to in -fill development. The project is consistent with the General Plan and zoning designation. The combined development site is 1.46 acres and surrounded by urban uses. The site was previously developed with commercial uses and has no habitat for endangered, rare or threatened species. The project will not result in any significant impacts related Resolution No. 2019-37 75A-316 Page 3 of 8 to traffic, noise, air quality or water quality according to the traffic impact analysis and with implementation of water quality requirements. The project can be served by all required utilities and public services. As a result, Categorical Exemption, Environmental Review No. 2019-69 will be filed for this project. Section 3. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, and other and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively "Actions"), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the Project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 4. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2019-31, as conditioned in Exhibit A, attached hereto and incorporated herein, for the project located at 325 North Tustin Avenue. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for Planning Commission Action dated September 9, 2019 and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Resolution No. 2019-37 Page 4 of 8 75A-317 ADOPTED this q day of S e&°n' 2019. AYES: Commissioners: Cano, Contreras -Leo, McLoughlin, Rivera (4) NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:II — Lisa Storck Assistant City Attorney None (0) Nguyen(l) None (0) M rl cLoughlin Chairperson CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2019-37 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on e4 I G T/I q 12019. Date: � I �1 � � sala'�L / "U— — Recording Secretary City of Santa Ana 75A-318 Resolution No. 2019-37 Page 5 of 8 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2019-31 Conditional Use Permit No. 2019-31 to allow for after-hours operations is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. In addition, the Applicant shall meet the following conditions of approval: The Applicant must comply with each and every condition listed below prior to exercising the rights conferred by this conditional use permit. The Applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. 1. All proposed site improvements must conform to Development Project Review (DP No. 2019-14) and the staff report exhibits. 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or if the conditional use permit must be amended. 3. Prior to the issuance of a building permit, a full landscape and irrigation plan is to be submitted for review and approval by the Planning Manager. The landscape plan shall conform to the commercial landscape standards, Citywide Design Guidelines, and the City's Water Efficient Landscape Ordinance. All utilities shall be properly screened. 4. Prior to the issuance of a building permit, a Property Maintenance Agreement must be recorded against the property. The agreement will be subject to review and applicability by the Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained, Applicant (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the Applicant) shall execute a maintenance agreement with the City of Santa Ana which shall be recorded against the property and which shall be in a form reasonably satisfactory to the City Attorney. The maintenance agreement shall contain covenants, conditions and restrictions relating to the following: a. Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.). Resolution No. 2019-37 75A-319 Page 6 of 8 b. Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses. C. Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable. d. Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable). e. If Applicant and the owner of the property are different (e.g., if the Applicant is a tenant or licensee of the property or any portion thereof), both the Applicant and the owner of the property shall be signatories to the maintenance agreement and both shall be jointly and severally liable for compliance with its terms. f. The maintenance agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties, obligations and responsibilities set forth under the maintenance agreement. g. The maintenance agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The maintenance agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City. h. The execution and recordation of the maintenance agreement shall be a condition precedent to the issuance of final approval for any construction permit related to this entitlement. Resolution No. 2019-37 75A-320 Page 7 of 8 5. The Applicant shall be responsible for maintaining the premises free of graffiti. All graffiti shall be removed within 24 hours of occurrence. 6. Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 7. Window displays and racks must be kept at a maximum height of three (3) feet including merchandise and cannot obstruct the cashier's view to the outside. 8. A timed -access cash controller or a money drop safe capable of easily providing the cashier the ability to quickly deposit money into it must be installed or other mitigation measures agreed upon with the Police Department. 9. Installation of a silent armed robbery alarm or other mitigation measures agreed upon with the Police Department. 10. There shall be no coin -operated games maintained on the premises at any time. 11. No pay telephones shall be located on the premises. 12. "No Loitering/Trespass" signs/placards shall be posted in the parking lot area. The posted signs must conform to Penal Code Section 602. 13. Provide a Closed Circuit Television System approved by the Police Department and capable of viewing and recording events inside the premises with a resolution which will clearly identify individuals for later identification. 14. Clearly distinguishable height markers shall be installed on the inside door jamb of all doors used by the public to access the store. Horizontal marks, one -inch wide by three -inches long, in different colors, and in a contrasting color to the background, shall be placed every six inches beginning at five feet and ending at six feet six inches. 15. A copy of the conditions of approval shall be kept on premises and presented to any authorized City official upon request. 16. Sale of alcoholic beverages shall be prohibited. 17. The outdoor storage of boxes, equipment, materials, merchandise, and other similar items shall be prohibited. 18. The Applicant shall contact the Planning Division to arrange a Planning Final Inspection of the site prior to final building inspection. Resolution No. 2019-37 75A-321 Page 8 of 8 *1TlNNIll IIC REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: SEPTEMBER 9, 2019 TITLE: PUBLIC HEARING — FILED BY RICHARD FINKEL FOR CONDITIONAL USE PERMIT NO. 2019-30 AND AMENDMENT TO VARIANCE NO. 2018-10 TO ALLOW A CAR WASH AT 301 NORTH TUSTIN AVENUE AND CONDITIONAL USE PERMIT NO. 2019-31 TO ALLOW AFTER-HOURS OPERATIONS FOR THE CONVENIENCE STORE AT 325 NORTH TUSTIN AVENUE (STRATEGIC PLAN NO. 3,2) PLANNING COMMISSION SECRETARY APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For DENIED ❑ Applicant's Request ❑ Staff Recommendation CONTINUED TO Prepared by Selena elaher, AICP St ExecutivN Dire c r Interim P anning M ager RECOMMENDED ACTION 1. Adopt a resolution approving Conditional Use Permit No. 2019-30 as conditioned to allow a car wash. 2. Adopt a resolution approving an amendment to Variance No. 2018-10 as conditioned to reduce the required yards. 3. Adopt a resolution approving Conditional Use Permit No. 2019-31 as conditioned to allow for a retail market less than 20,000 square feet to operate between the hours of 12:00 midnight and 5:00 a.m. Executive Summary Richard Finkel, representing Russell Fischer LP, is requesting approval of a conditional use permit to allow an automated car wash and an amendment to a previously approved variance to reduce the required yards at 301 North Tustin Avenue and a conditional use permit to allow for retail convenience store to operate between 12:00 a.m. and 5:00 a.m. at 325 North Tustin Avenue. Staff is recommending approval of the entitlements as the project will provide additional services to residents, workers, and visitors in the area and will not negatively impact the surrounding community as the site is not immediately adjacent to sensitive land uses and the project has been designed to minimize impacts to nearby uses. 75A-322 CUP No. 2019-30 & VAR No. 2018-01 CUP No. 2019-31 September 9, 2019 Page 2 Table 1: Project and Location Information Item Information Project Address 301 & 325 North Tustin Avenue Nearest Intersection North Tustin Avenue and East Fourth Street Surrounding Land Uses (Exhibit 4) North Commercial East Costa Mesa SR-55 Freeway/City of Tustin South Commercial - City of Tustin West Professional - Service Station General Plan Designation General Commercial GC Zoning Designation General Commercial C2 Property Size 39,775 SF (0.9 acres) - 301 N. Tustin Avenue 22,465 SF 0.5 acres - 325 N. Tustin Avenue Existing Site Development Vacant - 301 N. Tustin Avenue Gas Service Station & Car Wash - 325 N. Tustin Avenue Development Standards SAW Sections 41-368 through 41-374 Sections 41-379 through 41-386 Use Permissions/CUP/Variance SAMC Section 41-365.5(h) and Section 41-377.5(b) Project Description The applicant proposes to demolish the existing service station, car wash, and convenience store to construct a new service station with 3,040-square foot convenience store and new automated car wash on the two properties at the southeast corner of Tustin Avenue and Fourth Street. The property at 301 North Tustin Avenue is currently vacant and is the site for the proposed automated car wash. The 4,354-square foot car wash tunnel will be located adjacent to the southern property line which allows vehicles to enter or exit on Tustin Avenue or to enter or exit on Fourth Street with reciprocal access provided from the service station property to the north. The car wash will feature two pay points and has 189 feet of stacking which exceeds the standard of 120 feet of stacking (12 vehicles). The site will contain 20 vacuum bays for customers and three onsite employee parking spaces. The proposed hours of operation are from 7:00 a.m. to 7:00 p.m. during the winter months, and 7:00 a.m. to 8:00 p.m. during summer months (Daylight Saving months). The parcel immediately to the north (325 North Tustin Avenue) is also proposed for redevelopment. The applicant is proposing to demolish the existing service station, close a driveway on Fourth Street and redesign the site with a service station and larger convenience store. The service station will consist of a 2,843-square foot canopy with six pump islands (12 pumps total), a new 3,040- square foot convenience store and 13 parking spaces. In addition, a lot line adjustment will be processed administratively to increase the lot size, improve on -site circulation and to provide a 35- foot high freestanding sign for the service station adjacent to the SR-55 freeway along the east 75A-323 CUP No. 2019-30 & VAR No. 2018-01 CUP No. 2019-31 September 9, 2019 Page 3 property line. The proposed convenience store hours of operation are 24-hours per day, which requires approval of a separate CUP. The architecture of the new buildings, service station canopy and freestanding sign has been designed to appear as a cohesive and integrated development which includes a contemporary design style with a smooth plaster, metal canopies, ceramic wood tile and green screens. There will be three driveways that provide access to the sites and reciprocal vehicular access and parking between the two properties. In addition, the Public Works Agency has determined that an 8-foot irrevocable offer of dedication along Fourth Street and a two -foot irrevocable offer of dedication along Tustin Avenue are required. Tables 2 and 3 provide a detailed comparison of the project's compliance with the applicable land use and development standards (Exhibit 5 & 6). Table 2: Land Use Standards General Commercial (C2) (SAMC Sec. 41-365, 41-365.5, 41-377 and 41-377.5) Proposed Land Use Permit Requirements Car wash Conditional Use Permit Service station and retail market Allowed by Right (convenience store) Retail market less than 20,000 SF with 24- Conditional Use Permit hour operations Table 3: Development Standards Standard Required by General 301 North Tustin 325 North Tustin Commercial C2 Zone Car Wash Site Service Station Site Front yard 15 feet minimum Does not comply; 10 Complies with Variance feet No. 2018-10; 5 feet, 6 inches Side yard (street) 15 feet minimum Not Applicable Complies; 15 feet Side yard (interior) 0 feet minimum Complies; 1 foot, 6 Complies; 5 foot inches landscape yard Rear yard 0 feet minimum Complies; 2 feet Complies; 5 foot landscape yard Lot Size & Frontage 15,000 sq. ft. and 120 feet Complies; 33,976 sq. ft. Complies; 28,096 sq. ft. (after lot line (after lot line adjustment) and 179 adjustment) and 300 feet feet Building height 35 feet maximum Complies; 29 feet Complies; 21 feet, 10 inches 75A-324 CUP No. 2019-30 & VAR No. 2018-01 CUP No. 2019-31 September 9, 2019 Page 4 Standard Required by General 301 North Tustin 325 North Tustin Commercial C2 Zone Car Wash Site Service Station Site Off-street Parking 17 spaces Complies; 2 employee Complies; 19 spaces 2 spaces for automatic car spaces, 20 drying 13 spaces and washes spaces, and 1 6 pump spaces 5 spaces per 1,000 sq. ft. handicapped space retail 15 spaces 35 feet maximum height Freestanding sign 35 Wall signs (deferred Signage allowed within 300 feet of a feet Wall signs (deferred submittals) freeway exit submittals Stacking Distance 120 feet Complies; 189 feet Not Applicable (drive -through) Driveway Width 35 feet maximum Not Applicable Complies; 35 feet service station Project Background and Chronology In October of 2018, the Planning Commission approved Conditional Use Permit No. 2018-18 to allow an eating establishment with drive -through service at 301 North Tustin Avenue and Variance No. 2018-10 to allow reduced yards for the service station site at 325 North Tustin Avenue. Subsequently, in November and December of 2018, the City Council approved Mitigated Negative Declaration, Environmental Review No. 2016-156, General Plan Amendment No. 2018-05, and Amendment Application No. 2018-08 to change the land use and zoning designations of the properties to General Commercial. The approved project included a new 7,368-square-foot multi -tenant commercial building with drive -through window service and remodeling the gas station and convenience store. The property owner has revised the project to include a car wash component instead of a retail development. The current property owner has been in the car wash industry for over 30 years and operates six locations in Orange County. Project Analysis Conditional Use Permit for a Car Wash at 301 North Tustin Avenue The new automated car wash will replace the existing smaller automated car wash associated with the existing service station. The uses immediately adjacent to the site include a service station to the north, a medical office building to the south (within the City of Tustin) and the SR-55 freeway to the east. The closest nearby residential uses are over 500 feet from the project site. The car wash is designed and intended to generate the least amount of impact as possible. The stacking lane is set back from the adjacent streets to reduce any traffic impacts. In addition, the stacking lane exceeds the City's stacking requirements and will allow for approximately 15 cars to 75A-325 CUP No. 2019-30 & VAR No. 2018-01 CUP No. 2019-31 September 9, 2019 Page 5 queue without disrupting drive aisles or parking spaces on -site. A traffic impact analysis was prepared to analyze the anticipated trip generated from the project and any impacts to the intersections of Tustin Avenue and Fourth Street, Tustin Avenue and First Street and the SR-55 ramps at Fourth Street and Fourth Street/Irvine Boulevard and the Tustin Avenue roadway segment between Fourth and First Streets. The analysis was reviewed by the Public Works Agency and concludes that the project or cumulative project conditions will not significantly impact any of the intersections studied (Exhibit 7). The car wash is also designed to minimize noise impacts. The tunnel is comprised of concrete block which serves as a noise dampener. The car wash blowers/dryers, the equipment that generates the most noise, are located 15 feet from the exit of the tunnel. The vacuum stations which will generate noise are located to the north of the car wash tunnel, in an effort to shield the commercial office use to the south from the noise. Additionally, conditions of approval have been added to require a noise impact analysis which demonstrates compliance with the City's noise ordinance prior to certificate of occupancy and one year after the commencement of operations, limit the hours of operation, to prohibit use of air guns, and prohibit the use of amplified speakers. The new car wash will bring an increase in sales tax revenue and promote economic development in the area which will contribute to the general well-being of the neighborhood and the community. The applicant's request for a conditional use permit to allow car wash will provide an added service to the property, for the employees who work in the vicinity and for the residents who live in the general area. Amended Variance for Reduced Yards at 301 North Tustin Avenue In October 2018, the Planning Commission approved Variance No. 2018-10 to allow for a reduced yards for the service station at 325 North Tustin Avenue. The strict application of the zoning code requires a 15-foot landscaped setback along Tustin Avenue. In addition, the Public Works Agency requires a 2-foot dedication along Tustin Avenue to allow for the streets and sidewalks to be constructed to the ultimate width. The applicant has designed the site to have landscaped yards, however, at the car wash tunnel exit the yard will be reduced to 10 feet after the street dedication to provide room for the vehicular turn movements. Therefore, Variance No. 2018-10 will be amended to also include 301 North Tustin Avenue. Special circumstances related to site's shape are applicable. For instance, the lot depth is constricted by the freeway which binds the site to the east. Due to the freeway right-of-way the lot depth narrows from the north to the south as the freeway continues. In addition, complexities of car wash stacking and circulation patterns make it difficult to create a functional site plan that meets all the development standards and does not create stacking on the adjacent streets. The location of the stacking lane and vehicular exit were selected with traffic safety as the priority as a result the site plan configurations for a car wash facility are limited. 75A-326 CUP No. 2019-30 & VAR No. 2018-01 CUP No. 2019-31 September 9, 2019 Page 6 Conditional Use Permit for a Retail Market with 24-Hour Operations at 325 North Tustin Avenue The 3,040-square foot convenience store is proposed to operate 24-hours a day, seven days a week. The proposed operations are similar to other convenience stores such as 7-Eleven which have received after-hours conditional use permits. Pursuant to SAMC Section 41-365.5, retail markets having less than twenty thousand (20,000) square feet of floor area which are open at any time between the hours of 12:00 a.m. and 5:00 a.m. require review and approval by the Planning Commission. The purpose of regulating after-hours operations it to preserve the surrounding community characteristics and minimize any negative secondary impacts. Alcohol sales are not proposed as part of the project. The project site is bounded by commercial uses to the north, south and west. The proposed after- hours operations will provide an ancillary service to the community and individuals seeking to have a morning coffee and/or snack en route to one of the City's major employment areas, especially for those who wake up early for work. In addition, this promotes a balance of land uses that assist in enhancing the City's economic and fiscal viability. Furthermore, the new convenience store and service station will help activate and enhance the area and will generate property and sales tax revenue for the City. Economic Development The retail market is expected to have eight employees and provide additional tax revenue due to the increase in floor area and 24-hour operations. The express car wash will have four employees and provide an increase in tax revenue as the subject site is currently vacant. Property tax revenue from both properties will increase due to the gas station site being redeveloped and the car wash occupying a vacant site, thus the total net value of the property will increase after the building and improvements for the project are made. The construction of the project will require that permit fees are paid to the City and there will be temporary construction jobs. Table 4: CEQA, Strategic Plan Alignment, and Public Notification & Community Outreach Strategic Plan Alignment, and Public Notification & Community Outreach CEQA CEQA Type Exempt pursuant to CEQA Guidelines Section 15332, Class 32, In -fill Development Projects Document Type Notice of Exemption, Environmental Review No. 2019-69 The project is consistent with the General Plan and zoning designation. The combined development site is 1.46 acres and surrounded by urban uses. The site Reason(s) was previously developed with commercial uses and has no habitat for Exempt Analysis endangered, rare or threatened species. The project will not result in any significant impacts related to traffic, noise, air quality or water quality according to the traffic impact analysis and with implementation of water quality requirements. The project can be served by all required utilities and public services. 75A-327 CUP No. 2019-30 & VAR No. 2018-01 CUP No. 2019-31 September 9, 2019 Page 7 Strategic Plan Alignment, and Public Notification & Community Outreach Goal(s), Policy or 3, 2 (create new opportunities for business/job growth and encourage private Policies development through new General Plan and Zoning Ordinance policies). Public Notification & Community Outreach Site posting A public notice was posted on the project site on August 30, 2019. Notification by mail was mailed to all property owners and Public Hearing Notification by mail occupants within 500 feet of the project site on August 30, 2019. Newspaper posting Newspaper posting was published in the Orange County Reporter on August 30, 2019. Additional Staff received one phone call from a resident voicing opposition to the proposed Measures car wash. Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit No. 2019-30 as conditioned, amendment to Variance No. 2018-01 as conditioned and Conditional Use Permit No. 2019-31 as conditioned. V Selena Kelaher, AICP Associate Planner SK:sb S:\PlanningCommission\2019X9-9-19\301N. Tustin Ave -Car Wash CUP\301 325 N. Tustin Ave SR_9.9.19PC.doc Exhibits: 1. Conditional Use Permit Resolution (Car wash) 2. Variance Resolution ( 3. Conditional Use Permit Resolution (After-hours) 4. Vicinity Zoning & Aerial View 5. Site Plan 6. Elevations 7. Renderings 8. Traffic Impact Analysis 75A-328 This page left blank intentionally. 75A-329 EXHIBIT 1 75A-330 This page left blank intentionally. 75A-331 [.`S-410114: I:7: & t.lto] IEel 01►[.lW.Z1SLOaIT7 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-30 AS CONDITIONED TO ALLOW A CAR WASH AT THE PROPERTY LOCATED AT 301 NORTH TUSTIN AVENUE BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Richard Finkel, representing Russell Fischer LP ("Applicant"), is requesting approval of Conditional Use Permit No. 2019-30 to allow a car wash in the General Commercial (C2) zoning district at 301 North Tustin Avenue. B. Santa Ana Municipal Code (SAMC) Section 41-377.5(b) requires approval of a conditional use permit for car wash facilities. C. Pursuant to SAMC Section 41-638, the Planning Commission is authorized to review and approve the conditional use permit for this project. D. On September 9, 2019, the Planning Commission held a duly noticed public hearing for Conditional Use Permit No. 2019-30. E. The Planning Commission of the City of Santa Ana has considered the information and determines that following findings, which must be established in order to grant Conditional Use Permit No. 2019-30 for a car wash have been established as required by SAMC Section 41-638: That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. The car wash will provide a service to persons that are working or residing in the area. The car wash will replace the existing automated car wash at 325 North Tustin Avenue. The new facility will be bigger than the existing operation and will provide vacuum stations for the customers' use. The site will be redeveloped with a new building with a contemporary design with smooth plaster finishes, metal canopies, ceramic tile, and landscaping contributing to the aesthetics of the area. Resolution No. 2019-xx 7 Page 1 of 9 2. That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The proposed car wash will not be detrimental to the health, safety or welfare of those residing or working in the vicinity. The site plan was designed to meet the City's stacking requirements and provides for queuing of approximately 15 vehicles. In addition, the stacking lane was placed at the rear of the site to reduce the chance for overflow vehicular queuing onto any public streets. There are no immediately adjacent nearby residential land uses. The uses immediately adjacent to the site include a service station to the north, a medical office building to the south (within the City of Tustin) and the Costa Mesa Freeway to the east. The closest nearby residential uses are over 500 feet from the project site - including the Village Apartments (to the north and across Fourth Street) at 521 North Tustin Avenue, and The Orchard (to the southwest and across Tustin Avenue) at 2151 East First Street. The blowers/dryers will be setback 15 feet within the car wash tunnel and the vacuums have been placed north of the car wash tunnel to buffer noise from the office building to the south. A traffic impact analysis was completed by Linscott Law & Greenspan and reviewed by the Public Works Agency and found that the project or cumulative project conditions will not significantly impact any of the nearby street intersections. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The car wash will not adversely affect the economic stability or future economic development of properties in the surrounding area. The property is within the General Commercial (C2) zoning district. Additionally, since 1973, a car wash has been in operation at 325 North Tustin Avenue which is immediately adjacent to the car wash site and interrelated to the subject site as the sites would be redeveloped concurrently. The automated car wash will replace the existing car wash and the site will be redeveloped with a new building with a contemporary design and water efficient landscaping. The car wash will provide an additional service to the community and will provide a commercial business that will generate sales tax revenue for the City. Resolution No. 2019-xx 75A-333 Page 2 of 9 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The proposed use complies with the regulations and conditions in Chapter 41 including building height and parking. A condition of approval has been added to the conditional use permit for a property maintenance agreement to be recorded against the property which will ensure that the property and all improvements are properly maintained. 5. That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. The proposed car wash will not adversely affect the General Plan. The project is located in a General Commercial (GC) General Plan land use area which allows for commercial uses such as car wash facilities. The project is consistent with several goals and policies of the General Plan, including the Land Use Element and Urban Design Element. Land Use Element Goal 1 to promote a balance of land uses to address basic community needs, specifically. Land Use Element Goal 2 to promote land uses that enhance the City's economic and fiscal viability. Furthermore, the project is consistent with Policy 2.8, to promote rehabilitation of commercial properties, and encourage increased levels of capital investment. The car wash will redevelop the site with a new commercial business that will provide a service to those working and living in the City. Urban Design Goal 1 to improve the physical appearance of the City through development of districts that project a sense of place, positive community image and quality environmental. Specifically, Policy 1.5 to enhance architectural forms, textures, colors, and materials are expected in the design of all projects. The vacant lot will be redeveloped with a new building with contemporary architecture and water efficient landscaping. Section 2. In accordance with the California Environmental Quality Act, the project is exempt from further review per Section 15332 of the Guidelines for the California Environmental Quality Act. The Class 32 exemption applies to in -fill development. The project is consistent with the General Plan and zoning designation. The combined development site is 1.46 acres and surrounded by urban uses. The site was previously developed with commercial uses and has no habitat for endangered, rare or threatened species. The project will not result in any significant impacts related to traffic, noise, air quality or water quality according to the traffic impact analysis and with implementation of water quality requirements. The project can be served by all Resolution No. 2019-xx 75A-334 Page 3 of 9 required utilities and public services. As a result, Categorical Exemption, Environmental Review No. 2019-69 will be filed for this project. Section 3. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, and other and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively "Actions"), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the Project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 4. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2019-30, as conditioned in Exhibit A, attached hereto and incorporated herein for the project located at 301 North Tustin Avenue. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for Planning Commission Action dated September 9, 2019, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this day of 12019. AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: Resolution No. 2019-xx 75A-335 Page 4 of 9 Mark McLoughlin Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney I, SARAH BERNAL, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2019-xx to be the original resolution adopted by the Planning Commission of the City of Santa Ana on 12019. Date: Recording Secretary City of Santa Ana Resolution No. 2019-xx 75A-336 Page 5 of 9 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2019-30 Conditional Use Permit No. 2019-30 to allow a car wash is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. In addition, they shall meet the following conditions of approval: The Applicant must comply with each and every condition listed below prior to exercising the rights conferred by this conditional use permit. I. The Applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. 1. All proposed site improvements must conform to the Site Plan Review (DP No. 2019- 14) and the staff report exhibits. 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. The installation and/or use of air/blower guns at the site is prohibited. 4. Hours of operation shall be from 7:00 a.m. to 8:00 p.m. 5. Vacuuming equipment shall not be available or functional during non -operating hours. 6. Onsite employees shall be responsible for the removal of all litter and trash from the site each day. 7. Inoperable or malfunctioning equipment shall be repaired or replaced in a timely manner. 8. There shall be no overnight parking of vehicles on site. 9. Customer restrooms shall be locked during all non -operating hours. 10. There shall be no outdoor speakers or any other sound amplifying devices installed on the site. 11. Prior to Building & Safety Division plan check submittal, the Applicant shall submit a technical noise study prepared by a professional firm specializing in preparation of noise studies to the City for review by the Planning Division, Police Department, and Code Enforcement Division that demonstrates that the proposed design and Resolution No. 2019-xx 75A-337 Page 6 of 9 equipment of the car wash will conform to City noise ordinances and will minimize noise impacts on adjacent properties. The Applicant shall, to the best of his or her abilities and at his or her sole cost, utilize the same noise specialists employed at the Applicant's other location(s) to prepare the noise readings and studies. Prior to issuance of a permanent certificate of occupancy, the Applicant shall hold a "soft opening" to test all noise -generating equipment onsite and make adjustments as necessary to bring the equipment into compliance with City noise ordinance standards, to the satisfaction of the Planning and Building Agency and Police Department. The Applicant shall submit an updated and revised noise study based on updated field measurements within one (1) month of commencement of operations, and again on the one-year anniversary of the commencement of operations, to ensure compliance with the City's noise ordinances. 12. Prior to the issuance of a building permit, a landscape and irrigation plan is to be submitted for review and approval. The landscape plan shall conform to the commercial landscape standards, Citywide Design Guidelines and the City's Water Efficient Landscape Ordinance. 13. Prior to the issuance of a building permit, a reciprocal access and parking agreement shall be approved as to form by the City Attorney & Planning Manager and recorded against the property. 14. Prior to the issuance of a certificate of occupancy, a Property Maintenance Agreement must be recorded against the property. The agreement will be subject to review and applicability by the Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained, Developer (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the Applicant) shall execute a maintenance agreement with the City of Santa Ana which shall be recorded against the property and which shall be in a form reasonably satisfactory to the City Attorney. The maintenance agreement shall contain covenants, conditions and restrictions relating to the following: (a) Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.); (b) Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses, (c) Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable; Resolution No. 2019-xx 75A-338 Page 7 of 9 (d) Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable); (e) If Developer and the owner of the property are different (e.g., if the Applicant is a tenant or licensee of the property or any portion thereof), both the Applicant and the owner of the property shall be signatories to the maintenance agreement and both shall be jointly and severally liable for compliance with its terms. (f) The maintenance agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties and obligations and responsibilities set forth under the maintenance agreement. (g) The maintenance agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The maintenance agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City. (h) The execution and recordation of the maintenance agreement shall be a condition precedent to the issuance of final approval for any construction permit related to this entitlement. II. The following are requirements that will need to be addressed and/or approved by the Police Department prior to issuance of a building permit: 1. Submitted plans must indicate that all structures and parking lots comply with the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). All applicable sections must be printed verbatim on the submitted set of plans. Resolution No. 2019-xx 75A-339 Page 8 of 9 III. The following are requirements that will need to be addressed and/or approved by the Public Works Agency prior to issuance of a building permit: 1. Prior to issuance of a building permit, submit a site plan that shows compliance with trash services including: a. Depict trash trucks turning radius on the all proposed internal corners b. 42 feet on a 90-degree turn radius c. Minimum 11 feet, 6 inches lane width for turn radius d. For roll out service the desired path of travel for the bin must be level with no "lips" or major elevation changes e. Minimum one time a week service adequate for all waste to be contained within the bins, adjustments to the number of yards required for service are at the discretion of the City and Waste Management f. The maximum number of pick-ups is 2 times per week. Resolution No. 2019-xx 75A-340 Page 9 of 9 This page left blank intentionally. 75A-341 EXHIBIT 2 75A-342 This page left blank intentionally. 75A-343 LS 9.9.19 RESOLUTION NO. 2019-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING AN AMENDMENT TO VARIANCE NO. 2018-10 TO ALLOW A REDUCTION IN REQUIRED YARDS FOR A SERVICE STATION AT 325 NORTH TUSTIN AVENUE AND FOR A CAR WASH AT 301 NORTH TUSTIN AVENUE BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Richard Finkel, representing Russell Fischer LP ("Applicant'), is requesting approval of an amendment to Variance No. 2018-10 as conditioned to allow a reduced front yard for a car wash at 301 North Tustin Avenue and to allow reduced front and street side yards for a service station and convenience store at 325 North Tustin Avenue. B. Santa Ana Municipal Code (SAMC) Sections 41-368 and 41-380 require a 15 foot minimum front yard and Sections 41-369 and 41-381 require a 15 foot minimum front and street yards. The Applicant is proposing a front yard of 10 feet for a portion of the site. C. Pursuant to SAMC Section 41-638, the Planning Commission is authorized to review and approve the variance for this project as set forth by the Santa Ana Municipal Code. D. On September 9, 2019, the Planning Commission held a duly noticed public hearing for an amendment to Variance No. 2018-10. E. The Planning Commission of the City of Santa Ana has considered the information and determines that the following findings, which must be established in order to grant the amendment to Variance No. 2018-10, for reduced yards, have been established as required by SAMC Section 41- 638: That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this Chapter. There are special circumstances related to the property as street dedications are required, site plan considerations for iacu=3rsK Resolution No. 2019-xx 75A-344 Page 1 of the proposed use and the irregular shape of the lot. A 2-foot dedication is required along Tustin Avenue, therefore reducing the size of the property and reducing the landscaped setback to 10 feet for a portion of the street frontage. The lot is constricted by the Costa Mesa Freeway which binds the site to the east. Due to the freeway right-of- way the lot depth narrows from the north to the south as the freeway continues. In addition, complexities of car wash stacking and circulation patterns make it difficult to create functional site plan that meets all the development standards and does not create stacking on the adjacent streets. 2. That the granting of a variance is necessary for the preservation and enjoyment of one (1) or more substantial property rights. Granting this variance is necessary for the preservation and enjoyment of substantial property rights. The interrelated property at 301 North Tustin Avenue is currently developed with a car wash, service station and convenience store with minimal landscaping. The proposed integrated development will have more landscaping than what is currently on site and will allow for continued operations of a car wash. Amending the variance to allow for a portion of the lot to have a reduced landscape setback would allow the property owner to redevelop with a car wash and provide for adequate stacking and vehicular turn movements. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. Granting this variance will not be detrimental to the public or surrounding properties. The proposed project will reduce the number of driveways to the site. In addition, the building has been designed to incorporate high quality materials, enhanced landscaping and will continue to provide a service to the nearby community and public. The surrounding uses are commercial and professional uses and will not be impacted by the reduced yards. 4. That the granting of a variance will not adversely affect the General Plan of the city. The variance for reduced yards will not adversely affect the General Plan. The project is located in a General Commercial (GC) General Plan land use which allows for commercial uses such car wash facilities and service stations. The project is consistent with several goals and policies of the General Plan, including the Land Use Element and Urban Design Element. Land Use Element Goal 1 to promote a balance of land uses to address basic community needs. Specifically, Land Use Resolution No. 2019-xx 75A-345 Page 2 of 6 Element Goal 2 promotes land uses that enhance the City's economic and fiscal viability. Furthermore, the project is consistent with Policy 2.8, to promote rehabilitation of commercial properties, and encourage increased levels of capital investment. The car wash will redevelop the site with a new commercial business that will provide a service to those working and living in the City. Urban Design Goal 1 aims to improve the physical appearance of the City through development of districts that project a sense of place, positive community image and quality environmental. Policy 1.5 promotes projects that enhance architectural forms, textures, colors, and materials are expected in the design of all projects. The vacant lot will be redeveloped with a new building with contemporary architecture and water efficient landscaping. Section 2. In accordance with the California Environmental Quality Act, the project is exempt from further review per Section 15332 of the Guidelines for the California Environmental Quality Act. The Class 32 exemption applies to in fill development. The project is consistent with the General Plan and zoning designation. The combined development site is 1.46 acres and surrounded by urban uses. The site was previously developed with commercial uses and has no habitat for endangered, rare or threatened species. The project will not result in any significant impacts related to traffic, noise, air quality or water quality according to the traffic impact analysis and with implementation of water quality requirements. The project can be served by all required utilities and public services. As a result, Categorical Exemption, Environmental Review No. 2019-69 will be filed for this project. Section 3. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, and other and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively "Actions"), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the Project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. Resolution No. 2019-xx 75A-346 Page 3 of 6 City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 4. The Planning Commission of the City of Santa Ana, after conducting the public hearing, hereby approves the amendment to Variance No. 2018-10 as conditioned in Exhibit A, attached hereto and incorporated as though fully set forth herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated September 9, 2019, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this day of 12019. AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: Mark McLoughlin Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney C�l�:irl�N7_�r�ily_��r��r_�r[�7►I_1►1�Z�7:7[ell►/_1��rt'1 I, SARAH BERNAL, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2019-xx to be the original resolution adopted by the Planning Commission of the City of Santa Ana on September 9, 2019. Date: Recording Secretary City of Santa Ana Resolution No. 2019-xx 75A-347 Page 4 of 6 EXHIBIT A Conditions of Approval for Amendment to Variance No. 2018-10 Variance No. 2018-10 to allow for a reduced yard at 301 and 325 North Tustin Avenue is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. In addition, they shall meet the following conditions of approval: The Applicant must comply with each and every condition listed below prior to exercising the rights conferred by this variance. I. The Applicant must remain in compliance with all conditions listed below throughout the life of the variance. Failure to comply with each and every condition may result in the revocation of the variance. 1. All proposed site improvements must conform to the Site Plan Review (DP No. 2016- 45) and the staff report exhibits. 3. Any amendment to this variance must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the variance must be amended. 4. Prior to the issuance of a building permit a reciprocal access and parking agreement shall be approved by the City Attorney & Planning Manager and recorded to the property. 5. Prior to the issuance of a building permit, a landscape and irrigation plan shall be submitted for review and approval. The landscape plan shall conform to the commercial landscape standards, Citywide Design Guidelines and the City's Water Efficient Landscape Ordinance. 6. Prior to the issuance of a building permit, a Property Maintenance Agreement must be recorded. The agreement will be subject to review and applicability by the Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained, Developer (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the applicant) shall execute a maintenance agreement with the City of Santa Ana which shall be recorded against the property and which shall be in a form reasonably satisfactory to the City Attorney. The Maintenance Agreement shall contain covenants, conditions and restrictions relating to the following: Resolution No. 2019-xx 75A-348 Page 5 of 6 (a) Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.); (b) Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses, (c) Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable; (d) Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable); (e) If Developer and the owner of the property are different (e.g., if the applicant is a tenant or licensee of the property or any portion thereof), both the applicant and the owner of the property shall be signatories to the maintenance agreement and both shall be jointly and severally liable for compliance with its terms. (f) The maintenance agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties and obligations and responsibilities set forth under the maintenance agreement. (g) The maintenance agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The maintenance agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City. (h) The execution and recordation of the maintenance agreement shall be a condition precedent to the issuance of final approval for any construction permit related to this entitlement. Resolution No. 2019-xx 75A-349 Page 6 of 6 EXHIBIT 3 75A-350 This page left blank intentionally. 75A-351 LS 9.9.19 RESOLUTION NO. 2019-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-31 AS CONDITIONED TO ALLOW 24-HOUR OPERATIONS OF A RETAIL STORE LOCATED AT 325 NORTH TUSTIN AVENUE BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Richard Finkel, representing Russell Fischer LP ("Applicant'), is requesting approval of Conditional Use Permit No. 2019-31 to allow a retail convenience store located at 325 North Tustin Avenue to operate 24 hours a day. B. Santa Ana Municipal Code ("SAMC") Section 41-365.5(h) and 41-377.5 require approval of a conditional use permit for retail markets having less than twenty thousand (20,000) square feet of floor area which are open at any time between the hours of 12:00 a.m. and 5:00 a.m. C. Pursuant to SAMC Section 41-638, the Planning Commission is authorized to review and approve the conditional use permit ("CUP") for this project. D. On September 9, 2019, the Planning Commission held a duly noticed public hearing for Conditional Use Permit No. 2019-31. E. The Planning Commission of the City of Santa Ana considered the information and determines that the following findings, which must be established in order to grant Conditional Use Permit No. 2019-31, to allow extended hours of operation, have been established as required by SAMC Section 41-638: That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. The proposed convenience store will provide an additional amenity to individuals wishing to have an early coffee and/or meal. This will thereby benefit the community by providing a convenience store offering service past 12:00 midnight, which Resolution No. 2019-xx 75A-352BIT 3 Page 1 of 8 is consistent with other similar uses in the City. By offering extended hours of operation, the business will provide an added convenience and a one -stop shopping experience. The project will redevelop the site with a new convenience store and service station. Site improvements include enhanced landscaping, pedestrian access pathways and exterior lighting. This will help activate and upgrade the street corner. 2. That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The proposed after-hours operations will not be detrimental to the health, safety or welfare of those residing or working in the vicinity. There are no sensitive land uses immediately adjacent to the site. There is a service station to the north, a medical office building to the south (within the City of Tustin) and the SR-55 freeway to the east. The closest nearby residential uses are over 500 feet from the project site: The Village Apartments (to the north and across Fourth Street) at 521 North Tustin Avenue and The Orchard (to the southwest and across Tustin Avenue) at 2151 East First Street. Conditions have been placed on the CUP in order to mitigate any negative impacts to the surrounding community. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The approval of this application supports Policy 4.5 of the Economic Development Element of the General Plan. This policy encourages making land use decisions based not on purely fiscal considerations and stresses the importance of the qualitative implications that are associated with new uses. The approval of a 24-hour operation for the convenience store at this location will positively influence the present and future economic stability of the property and will diversify the products and services offered within the general area. Further, this will allow the convenience store to remain competitive with similar uses in the area which offer similar goods found in retail and convenience stores. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. Resolution No. 2019-xx 75A-353 Page 2 of 8 The proposed after-hours conditional use permit will be in compliance with all applicable regulations of Chapter 41 of the SAMC regarding establishments that operate on a 24-hour basis. Conditions of approval have been added to ensure the project remains in compliance with all applicable codes and regulations related to 24-hour operations and to mitigate any potential impacts to the general vicinity. 5. That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. The proposed project will not adversely affect the General Plan. The project is located in a General Commercial (GC) General Plan land use designation which allows for commercial uses such as service and retail establishments. The project is consistent with several goals and policies of the General Plan, including the Economic Development Element, Land Use Element, and Urban Design Element. Land Use Element Goal 1 promotes a balance of land uses to address basic community needs. Land Use Element Goal 2 promotes land uses that enhance the City's economic and fiscal viability. Policy 2.8 promotes rehabilitation of commercial properties, and encourages increased levels of capital investment. The convenience store will contribute to the viability of the commercial corridor in which it is located and will provide a service to those working and living in the area. Policy 2.9 supports developments that create a business environment that is safe and attractive. The property maintenance condition of approval will maintain a safe and attractive environment in the community. Economic Development Element Goal 2 maintains and enhances the diversity of the City's economic base. Policy 2.3 encourages the development of mutually beneficial and supportive business clusters within the community. Urban Design Element Goal 1 improves the physical appearance of the City through the development of districts that project a sense of place, positive community image and quality environment. The vacant lot will be redeveloped with a new building with contemporary architecture and water efficient landscaping. Section 2. In accordance with the California Environmental Quality Act, the project is exempt from further review per Section 15332 of the Guidelines for the California Environmental Quality Act. The Class 32 exemption applies to in -fill development. The project is consistent with the General Plan and zoning designation. The combined development site is 1.46 acres and surrounded by urban uses. The site was previously developed with commercial uses and has no habitat for endangered, rare or threatened species. The project will not result in any significant impacts related Resolution No. 2019-xx 75A-354 Page 3 of 8 to traffic, noise, air quality or water quality according to the traffic impact analysis and with implementation of water quality requirements. The project can be served by all required utilities and public services. As a result, Categorical Exemption, Environmental Review No. 2019-69 will be filed for this project. Section 3. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, and other and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively "Actions"), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the Project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 4. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2019-31, as conditioned in Exhibit A, attached hereto and incorporated herein, for the project located at 325 North Tustin Avenue. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for Planning Commission Action dated September 9, 2019 and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this day of 12019. AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: Resolution No. 2019-xx 75A-355 Page 4 of 8 Mark McLoughlin Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2019-xx to be the original resolution adopted by the Planning Commission of the City of Santa Ana on 12019. Date: Recording Secretary City of Santa Ana Resolution No. 2019-xx 75A-356 Page 5 of 8 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2019-31 Conditional Use Permit No. 2019-31 to allow for after-hours operations is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. In addition, the Applicant shall meet the following conditions of approval: The Applicant must comply with each and every condition listed below prior to exercising the rights conferred by this conditional use permit. The Applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. All proposed site improvements must conform to Development Project Review (DP No. 2019-14) and the staff report exhibits. 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or if the conditional use permit must be amended. 3. Prior to the issuance of a building permit, a full landscape and irrigation plan is to be submitted for review and approval by the Planning Manager. The landscape plan shall conform to the commercial landscape standards, Citywide Design Guidelines, and the City's Water Efficient Landscape Ordinance. All utilities shall be properly screened. 4. Prior to the issuance of a building permit, a Property Maintenance Agreement must be recorded against the property. The agreement will be subject to review and applicability by the Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained, Applicant (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the Applicant) shall execute a maintenance agreement with the City of Santa Ana which shall be recorded against the property and which shall be in a form reasonably satisfactory to the City Attorney. The maintenance agreement shall contain covenants, conditions and restrictions relating to the following: a. Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.). Resolution No. 2019-xx 75A-357 Page 6 of 8 b. Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses. C. Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable. d. Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable). e. If Applicant and the owner of the property are different (e.g., if the Applicant is a tenant or licensee of the property or any portion thereof), both the Applicant and the owner of the property shall be signatories to the maintenance agreement and both shall be jointly and severally liable for compliance with its terms. f. The maintenance agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties, obligations and responsibilities set forth under the maintenance agreement. g. The maintenance agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The maintenance agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City. h. The execution and recordation of the maintenance agreement shall be a condition precedent to the issuance of final approval for any construction permit related to this entitlement. Resolution No. 2019-xx 75A-358 Page 7 of 8 5. The Applicant shall be responsible for maintaining the premises free of graffiti. All graffiti shall be removed within 24 hours of occurrence. 6. Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 7. Window displays and racks must be kept at a maximum height of three (3) feet including merchandise and cannot obstruct the cashier's view to the outside. 8. A timed -access cash controller or a money drop safe capable of easily providing the cashier the ability to quickly deposit money into it must be installed or other mitigation measures agreed upon with the Police Department. 9. Installation of a silent armed robbery alarm or other mitigation measures agreed upon with the Police Department. 10. There shall be no coin -operated games maintained on the premises at any time. 11. No pay telephones shall be located on the premises. 12. "No Loitering/Trespass" signs/placards shall be posted in the parking lot area. The posted signs must conform to Penal Code Section 602. 13. Provide a Closed Circuit Television System approved by the Police Department and capable of viewing and recording events inside the premises with a resolution which will clearly identify individuals for later identification. 14. Clearly distinguishable height markers shall be installed on the inside door jamb of all doors used by the public to access the store. Horizontal marks, one -inch wide by three -inches long, in different colors, and in a contrasting color to the background, shall be placed every six inches beginning at five feet and ending at six feet six inches. 15. A copy of the conditions of approval shall be kept on premises and presented to any authorized City official upon request. 16. Sale of alcoholic beverages shall be prohibited. 17. The outdoor storage of boxes, equipment, materials, merchandise, and other similar items shall be prohibited. 18. The Applicant shall contact the Planning Division to arrange a Planning Final Inspection of the site prior to final building inspection. Resolution No. 2019-xx 75A-359 Page 8 of 8 EXHIBIT 4 75A-360 This page left blank intentionally. 75A-361 Car Wash & Retail Store CUP No. 2019-30, CUP No. 2019-31 and VAR No. 2018-10 301 and 325 North Tustin Avenue 18 Aerial Ana Boundary 55 Zon &.d-famnv Redd-,. T--f.may Re d.— Sub dsnApanmmt Multiple-famity Maid— .—d.ry .l Enna Lumme¢ial R-i&.Jad soedK Plan S'—c D-O.pmem Planned Shopping Center Smutb Mam Stree[ Cmn marcul oisnia community Cummeaiatmuseum oia4. C.. m u niry lemma—' Arterial fommertul General Commercial GgM induatnal He., lnduatml prohssn-I G—anen center Olean Spare General Agnculu—I 250 feet A"I N 4 - Vicinity Zoning and Aerial View 75A-362 Cc 2019 Diaital Mao Products. All rights reserved. This page left blank intentionally. 75A-363 EXHIBIT 5 75A-364 This page left blank intentionally. 75A-365 = �s e axn ewcv: -. P tt Li 0 5 rya M J JI W - zz r I ` ❑ x 0 � � I LA 033m®® EXHIBIT 5 - SITE PLAN Car Wash & Retail Store CUP NO.2019-30, CUP NO. 2019-31, VAR NO. 2018-10 301 and 3'25 — Ty,tjP Avenue This page left blank intentionally. 75A-367 EXHIBIT 6 75A-368 This page left blank intentionally. 75A-369 j EXHIBIT 6 — FLOOR PLAN & ELEVATIONS Car Wash & Retail Store CUP NO.2019-30, CUP NO. 2019-31, VAR NO. 2018-10 301 and 3'25 — Tu'stj� Avenue EXHIBIT 6 —FLOOR PLAN & ELEVATIONS Car Wash & Retail Store CUP NO.2019-30, CUP NO. 2019-31, VAR NO. 2018-10 301 and 37 25Nprth Tustin Avenue 11:1hiA 75A-372 This page left blank intentionally. 75A-373 ooc-al—..,-- - - -- - —1 -- t �!' , . � 7!11. Amlwo- I - L-.— -WIR - wk Al a of Lim Aw This page left blank intentionally. 75A-375 EXHIBIT 8 75A-376 This page left blank intentionally. 75A-377 REVISED FOCUSED TRAFFIC IMPACT ANALYSIS REPORT TUSTIN AVENUE RETAIL Santa Ana, California May 17, 2019 (Update of the March 13, 2018 Report) Prepared for. RUSSELL FISCHER PARTNERSHIP 16061 Beach Boulevard Huntington Beach, 92647 LLG Ref.2-17-3881-1 No. 1802 m 6/30/19 / Prepared by: Under the Supervision of. Angela Besa Keil Maberry, P.E. Transportation Engineer I Principal 1 , :1_�'C�i11% :►: LmPMr, Law 8 Greangmm Engineers 2 Executive Cirde swrte m Irvine, CA 92614 919.1 M6175 r W8l5617J F w Ilgenginee+SCem TABLE OF CONTENTS SECTION PAGE 1.0 Introduction .............. 1.1 Scope of Work... 1.2 Study Area ......... 2.0 Project Description.. 2.1 Site Access......... 2 ................................................................................................................ 3 ................................................................................................................ 3 3.0 Existing Conditions.......................................................................................................... 3.1 Existing Street System............................................................................................... 3.1.1 Public Transit................................................................................................... 3.2 Existing Traffic Volumes........................................................................................... 3.3 Intersection Analysis Methodologies......................................................................... 3.3.1 Intersection Capacity Utilization (ICU) Method of Analysis .......................... 3.3.2 Highway Capacity Manual 6 (HCM 6) Method of Analysis (Unsignalized Intersections).............................................................................................................. 3.3.3 Level of Service Criteria.................................................................................. 3.4 Existing Level of Service Results.............................................................................. 4.0 Traffic Forecasting Methodology ....................... 5.0 Project Traffic Characteristics ........................... 5.1 Project Traffic Generation ............................. 5.2 Project Trip Distribution and Assignment..... 5.3 Existing Plus Project Traffic Conditions ....... 6.0 Future Traffic Conditions ................................... 6.1 Ambient Traffic Growth ................................ 6.2 Cumulative Projects Traffic Characteristics.. 6.2.1 Year 2019 Traffic Volumes ................. 7.0 Traffic Impact Analysis Methodology ....................................... 7.1 Impact Criteria and Thresholds .............................................. 7.2 Traffic Impact Analysis Scenarios ......................................... 8.0 Peak Hour Intersection Capacity Analysis ................................ 8.1 Existing Plus Project Analysis ............................................... 8.1.1 Existing Plus Project Traffic Conditions ..................... 8.2 Year 2019 Traffic Conditions ................................................ 8.2.1 Year 2019 Cumulative Traffic Conditions .................. 8.2.2 Year 2019 Cumulative Plus Project Conditions .......... 5 5 5 6 6 6 ...... 23 ...... 23 ...... 23 ...... 25 ...... 25 ...... 25 75A-379 TABLE OF CONTENTS (CONTINUED) SECTION PAGE 9.0 Site Access and Internal Circulation Evaluation................................................................... 27 9.1 Site Access.......................................................................................................................... 27 9.2 Internal Circulation Evaluation........................................................................................... 27 10.0 Recommended Intersection Improvements............................................................................ 29 10.1 Existing Plus Project Traffic Conditions............................................................................ 29 10.2 Year 2019 Plus Project Traffic Conditions......................................................................... 29 11.0 Congestion Management Program (CMP) Compliance Assessment..... 12.0 State Of California (Caltrans) Methodology................................................................. 12.1 Highway Capacity Manual (HCM) Method of Analysis (Signalized Intersections). 12.2 Existing Plus Project Traffic Conditions — Caltrans Methodology ........................... 12.2.1 Existing Traffic Conditions........................................................................ 12.2.2 Existing Plus Project Traffic Conditions ................................................... 12.3 Year 2019 Traffic Conditions — Caltrans Methodology ............................................ 12.3.1 Year 2019 Cumulative Traffic Conditions ................................................ 12.3.2 Year 2019 Cumulative Plus Project Traffic Conditions ............................ 12.4 Recommended Improvements — Caltrans Methodology ............................................ 12.4.1 Existing Plus Project Traffic Conditions ................................................... 12.4.2 Year 2019 Plus Project Traffic Conditions ................................................ 13.0 Roadway Segment Evaluation ............................. 13.1 Roadway Link Capacities ............................... 13.2 Roadway Link Level of Service Criteria........ 13.3 Roadway Link Analysis Results ..................... 13.3.1 Existing Plus Project Analysis........ 13.3.2 Year 2019 Plus Project Analysis..... 14.0 Summary Of Findings And Conclusions.. ...... 30 ...... 38 ...... 38 ...... 38 ...... 40 ...... 40 ...... 42 ...... 44 75A-380 APPENDICES APPENDIX A. Traffic Study Scope of Work B. Existing Traffic Count Data C. Intersection Level of Service Calculation Worksheets D. Project Driveway Level of Service Calculation Worksheets E. Intersection Level of Service Calculation Worksheets — Caltrans 75A-381 LIST OF FIGURES SECTION —FIGURE # FOLLOWING PAGE 1-1 Vicinity Map.....................................................................................................................2 2-1 Existing Aerial Site Photograph.......................................................................................3 2-2 Proposed Site Plan ............................................................................................................3 3-1 Existing Roadway Conditions and Intersection Controls..............................................5 3-2 Existing AM Peak Hour Traffic Volumes......................................................................6 3-3 Existing PM Peak Hour and Daily Traffic Volumes......................................................6 5-1 Project Trip Distribution Pattern — Gas Station............................................................15 5-2 Project Trip Distribution Pattern — Commercial...........................................................15 5-3 AM Peak Hour Project Traffic Volumes.......................................................................15 5-4 PM Peak Hour and Daily Project Traffic Volumes......................................................15 5-5 Existing Plus Project AM Peak Hour Traffic Volumes...............................................15 5-6 Existing Plus Project PM Peak Hour and Daily Traffic Volumes...............................15 6-1 Location of Cumulative Projects....................................................................................17 6-2 AM Peak Hour Cumulative Projects Traffic Volumes..................................................17 6-3 PM Peak Hour and Daily Cumulative Projects Traffic Volumes..................................17 6-4 Year 2019 AM Peak Hour Cumulative Traffic Volumes............................................17 6-5 Year 2019 PM Peak Hour and Daily Cumulative Traffic Volumes ............................17 6-6 Year 2019 AM Peak Hour Cumulative Plus Project Traffic Volumes .......................17 6-7 Year 2019 PM Peak Hour and Daily Cumulative Plus Project Traffic Volumes .......17 75A-382 LIST OF TABLES SECTION —TABLE # PAGE 2-1 Project Development Summary......................................................................................4 3-1 Level of Service Criteria For Signalized Intersections..................................................9 3-2 Level of Service Criteria For Unsignalized Intersections...........................................10 3-3 Existing Peak Hour Intersection Capacity Analysis.......................................................12 5-1 Project Traffic Generation Rates and Forecast...............................................................16 6-1 Location and Description of Cumulative projects .................................................... 18-19 6-2 Cumulative Projects Traffic Generation Forecast..........................................................20 8-1 Existing Plus Project Peak Hour Intersection Capacity Analysis..................................24 8-2 Year 2019 Peak Hour Intersection Capacity Analysis...................................................26 9-1 Project Driveway Peak Hour Intersection Capacity Analysis.......................................28 12-1 Level of Service Criteria for Signalized Intersections (HCM 6 Methodology).............32 12-2 Existing Plus Project Peak Hour Intersection Capacity Analysis — Caltrans.................35 12-3 Year 2019 Peak Hour Intersection Capacity Analysis — Caltrans..................................36 13-1 Roadway Link Capacities...............................................................................................39 13-2 Existing Plus Project Roadway Segment Level of Service Summary ...........................41 13-3 Year 2019 Cumulative Plus Project Roadway Segment Level of Service Summary .... 43 75A-383 REVISED FOCUSED TRAFFIC IMPACT ANALYSIS REPORT TUSTIN AVENUE RETAIL Santa Ana, California May 17, 2019 (Update of the March 13, 2018 Report) 1.0 INTRODUCTION This Focused Traffic Impact Analysis report addresses the potential traffic impacts and circulation needs associated with Tustin Avenue Retail Project (hereinafter referred to as Project) in the City of Santa Ana and has been prepared in response to the City of Santa Ana's Development Review Committee comment from the Public Works Agency. The Project will include the development of an express car wash and a gas station with convenience store at 301 and 325 N. Tustin Avenue, respectively. The Project would include construction of a 118.5-foot express car wash tunnel to replace a 4,200 square -feet (SF) sit-down restaurant and a 12 pump gas service station with a 3,040 SF convenience store to replace the existing gas station building and car wash. 1.1 Scope of Work This traffic report documents the findings and recommendations of a traffic impact analysis conducted by Linscott, Law & Greenspan, Engineers (LLG) to determine the potential impacts associated with the proposed Project. The traffic analysis evaluates the existing operating conditions at four (4) key study intersections one (1) key roadway segment within the project vicinity, estimates the trip generation potential of the proposed Project, and forecasts future near -term (Year 2019) operating conditions without and with the proposed Project. Where necessary, intersection improvements/mitigation measures are identified. This traffic report satisfies the traffic impact requirements of the City of Santa Ana and is consistent with the current Congestion Management Program (CMP) for Orange County. It should be noted that the Scope of Work for this traffic study was previously included in Appendix A and was developed in conjunction with City of Santa Ana Public Works Department staff and approved for the previous study. The project site has been visited and an inventory of adjacent area roadways and intersections was performed. Existing weekday peak hour traffic count information has been collected at four (4) key study intersections and one (1) key roadway segment for use in the preparation of intersection level of service calculations. Information concerning cumulative projects (planned and/or approved) in the vicinity of the proposed Project has been researched at the City of Santa Ana and City of Tustin. Based on our research, there are sixteen (16) cumulative projects located in the City of Santa Ana and eight (8) cumulative projects located in the City of Tustin. The twenty-four (24) cumulative projects were considered in the cumulative traffic analysis for this project. 75A-384 This traffic report analyzes existing and future weekday daily, AM peak hour and PM peak hour traffic conditions for a near -term (Year 2019) traffic setting upon completion of the proposed Project. Near -term (Year 2019) cumulative daily and peak hour traffic forecasts were projected by incorporating a one percent (1.0%) annual growth rate and the trip generation potential of twenty- four (24) cumulative projects. 1.2 Study Area Four (4) key study intersections and one (1) key roadway segment have been identified for evaluation. Of the four (4) identified intersections, two (2) are located within the City of Santa Ana and two (2) are located in the City of Tustin. The one (1) roadway segment is located within the City of Santa Ana The four (4) intersections/one (1) roadway segment listed below provide regional and local access to the study area and define the extent of the boundaries for this traffic impact investigation. Key Study Intersections 1. Tustin Avenue at Fourth Sheet (Santa Ana) 2. Tustin Avenue at First Sheet (Tustin) 3. SR-55 SB Ramps at Fourth Street (Santa Ana/Caltrans) 4. SR-55 NB Ramps at Fourth Street/Irvme Boulevard (Tustin/Caltrans) Key roadway segment A. Tustin Avenue, between Fourth Street and First Street (Santa Ana) Figure 1-1 presents a Vicinity Map, which illustrates the general location of the Project and depicts the study locations and surrounding street system. The Level of Service (LOS) investigations at these key locations were used to evaluate the potential traffic -related impacts associated with area growth, cumulative projects and the proposed Project. When necessary, this report recommends intersection and/or roadway improvements that may be required to accommodate future traffic volumes and restore/maintain an acceptable Level of Service, and/or mitigates the impact of the project. Included in this Focused Traffic Impact Analysis are: • Existing traffic counts, • Estimated project traffic generation/distribution/assignment, • Estimated cumulative project traffic generation/distribution/assignment, • AM and PM peak hour capacity analyses for existing conditions, • AM and PM peak hour capacity analyses for existing plus project conditions, • AM and PM peak hour capacity analyses for future near -term (Year 2019) traffic conditions without and with the proposed Project, • Site Access Evaluation, • Congestion Management Program Compliance Assessment, and • Roadway Segment Evaluation. 75A-385 U 55 m a � m Ch2rttNell Staffing Solutions Q 9AS Financial Services 0 C El Mohil } GD Bro Burg E 4th St __E_4th_St Irvine Blvd � I p I............ Fel TDCf •.'.I CI.................. O7 1...' ro- 3� z ° C7 Ranchito 0 e LabCarp > O E F114l St • W First St 0 k DaVinci Ristorante Rehab A 0 �-, .Css1 IS Qj S5 w m 0 Healthsouth Tustil Rehabilitation HospiN o i 0 0 M W First St 7 rb m 4 [G SOURCE: GOGGLE LINSCOTT KEY FIGURE 1-1 LAW &® = STUDY INTERSECTION GREENSPAN N = STUDY ROADWAY SEGMENT NO SCALE r•� = PROJECT SITE VICINITY MAP TUSTIN AVENUE RETAIL, SANTA ANA 2.0 PROJECT DESCRIPTION The Project site is comprised of two parcels and is currently occupied by an existing gas station building and car wash at 325 N. Tustin Avenue and a sit-down restaurant at 301 N. Tustin Avenue. The site is generally located south of Fourth Street and east of Tustin Avenue. Both properties are located in the Professional (P) zoning district. 301 N. Tustin Avenue has a General Plan land use designation of Professional & Administrative Office (PAO) and 325 N. Tustin has the General Plan land use designation of General Commercial (GC). As proposed, the Project requires approval of a general plan amendment to change the land use designation from PAO to GC, zone change from P to Commercial General (C2). Figure 2-1 is an existing aerial photograph of the Project site. The Project will include the development of an express car wash and a gas station convenience store at 301 and 325 N. Tustin Avenue, respectively. The Project would include construction of a 118.5- foot express car wash tunnel to replace a 4,200 SF sit-down restaurant and a 12 pump gas service station with a 3,040 SF convenience store to replace the existing gas station building and car wash. Please note that the proposed Project will provide internal access between the two parcels. Table 2-1 provides a summary of the proposed Project components. The Project is expected to be constructed and completed by Year 2019, which has been utilized to assess the Project's potential traffic impacts at full occupancy of the site within an opening year traffic setting. Figure 2-2 presents the site plan for the proposed Project prepared by Bundy Finkel Architects. 2.1 Site Access Vehicular access to the existing gas station at 325 N. Tustin Avenue is currently provided by one (1) right in -right out driveway on Tustin Avenue and two (2) right in -right out driveways on Fourth Street. Access to the existing restaurant at 301 N. Tustin Avenue is currently provided by one (1) full access driveway and one (1) right in -right out driveway on Tustin Avenue. Vehicular access will remain generally similar to the current driveways with the exception of the removal of the one (1) right in -right out driveway at the existing restaurant along Tustin Avenue and the western right in -right out driveway along Fourth Street. A total of three (3) driveways will provide access to the proposed Project site. 75A-387 =� p � ..� r r SOURCE: GOOGLE KEY FIGURE 2 -1 �.] = PROJECT SITE N NO SCALE EXISTING SITE AERIAL TUSTIN AVENUE RETAIL, SANTA ANA 13 � ' EXISTING I 'NF I I 6UILOING Y - I I a0 NM2 � N-1 ❑ 1 q F3GP •3i eL IJ_� I R2 JS IN IA �.TYP �TER e ab rrER To Eo. N— — �� 'mot:scvmlrrr me I� ic mrn>uRAnRs o' o - - — T5'-v' -� vLo" zA'-o'�-zn'-e"j z,�_a' 1 2n'_m s 3E I.1 fl _ fl JP BLI) A E EMi /o IB'-0' GBTIXiE 111 50'C EXIST I/ IS XL_, 3,pt05 F *TER 2� EASEMENT / 0 /O E✓. iNI YS _ o� / 12 FIT/ f P� O, FR-1 .y _ — REP- L �rUS aOLASLML �TF IT rJR N.� _ — o.w 11+ 13 2] -YR rrP. - _ TUSTIN AVENUE R SOURCE: BUNDY-FINKEL-ARCHITECT FIGURE 2-2 (ENO SCALE PROPOSED SITE PLAN TUSTIN AVENUE RETAIL, SANTA ANA TABLE 2-1 PROJECT DEVELOPMENT SUMMARYI Project Description Project Development Totals Existing Development ❑ 301 N. Tustin Avenue o Quality Restaurant 4,200 SF ❑ 325 N. Tustin Avenue o Gas Station With Convenience Market With Car Wash 8 VFP Proposed Development ❑ 301 N. Tustin Avenue o Express Car Wash 118.5 Feet ❑ 325 N. Tustin Avenue o Gas Station With Convenience Market 12 VFP Notes: VFP = Vehicle Fueling Positions t Source: TCA Architects, 11/01/17. 75A-390 3.0 EXISTING CONDITIONS 3.1 Existing Street System The principal local network of streets serving the project site includes Fourth Street, First Street, and Tustin Avenue. The following discussion provides a brief synopsis of these key area streets. The descriptions are based on an inventory of existing roadway conditions. Fourth Street is a six -lane, divided roadway oriented in the east -west direction that borders the Project site to the north. The posted speed limit on Fourth Street is 40 miles per hour (mph). On - street parking is not permitted along this roadway in the vicinity of the project. A traffic signal controls the study intersection of Fourth Street at Tustin Avenue. First Street is a four to six -lane, divided roadway oriented in the east -west direction that provides two or three lanes in each direction separated by a raised median island. The posted speed limit on First Street is 40 mph. On -street parking is not permitted along this roadway. A traffic signal controls the study intersections of First Street at Tustin Avenue. Tustin Avenue is a five -lane, divided roadway, oriented in the north -south direction. On -street parking is permitted along the west side of the roadway in the vicinity of the Project. The posted speed limit on Tustin Avenue is 40 mph. Traffic signals control the study intersections of Tustin Avenue at Fourth Street and First Street. Figure 3-1 presents an inventory of the existing roadway conditions for the arterials and intersections evaluated in this report. This figure identifies the number of travel lanes for key arterials, as well as intersection configurations and controls for the key area study intersections. 3.1.1 Public Transit Public transit bus service is provided in the project area by the Orange County Transportation Authority (OCTA). Two (2) OCTA bus routes operate within the vicinity of the Project site on First Street, Fourth Street and Tustin Avenue, which consist of the following: • OCTA Route 64 (Huntington Beach to Tustin): Route 64 is a community bus route serving the Cities of Huntington Beach, Westminster, Garden Grove, Santa Ana and Tustin. The major routes of travel include Bolsa Avenue, First Street and Newport Boulevard. Nearest to the project site are bus stops on First Street - eastbound and westbound of the intersection with Tustin Avenue. Route 64 operates on approximate 30-minute headways during weekdays and 20-minute headways on weekends. • OCTA Route 71 (Newport Beach to Placentia): Route 71 is a community bus route serving the Cities of Newport Beach, Costa Mesa, Irvine, Tustin, Santa Ana, Orange, Anaheim and Placentia. The major routes of travel include Newport Boulevard, Red Hill Avenue, Newport Avenue, First Street, Tustin Avenue and Rose Avenue. Nearest to the project site are bus stops on Tustin Avenue at the intersections with First Street and Fourth Street. Route 71 operates on approximate 30-minute headways during weekdays and 45-minute headways on weekends. 75A-391 10 S PHASE 3 PHASE ,SIGNAL , SIGNAL FOURTH 6D \ \ ST //N 3 PHASE ^ ,SIGNAL IRVINE BLVD (40) NP 1 S .� A 00 U m o � Z 0 D i m m m n i i i SD FIRST NP 4D NP ST (40) NP (40) NP OL 6 PHASE m� SIGNAL N/S SPLIT i 0 m i = APPROACH LANE ASSIGNMENT FIGURE 3-1 • = TRAFFIC SIGNAL, OL = OVERLAP P = PARKING, NP = NO PARKING EXISTING ROADWAY 2 = NUMIVIDD,BEREOFOTRAVELOLAONES CONDITIONS AND tNO SCALE (XX)= POSTED SPEED LIMIT (MPH) = PROJECT SITE INTERSECTION CONTROLS TUSTIN AVENUE RETAIL, SANTA ANA 3.2 Existing Traffic Volumes Four (4) key study intersections and one (1) key roadway segment have been identified as the locations at which to evaluate existing and future traffic operating conditions. Some portion of potential project -related traffic will pass through each of these intersections, and their analysis will reveal the expected relative impacts of the project. These key locations were selected for evaluation based on discussions with City of Santa Ana staff and in consideration of Orange County CMP requirements. Existing daily, AM peak hour and PM peak hour traffic volumes for the key study intersections of Tustin Avenue at Fourth Street and Tustin Avenue at First Street, as well as the one (1) key roadway segment evaluated in this report were obtained from manual turning movement counts conducted by Transportation Studies, Inc. in October 2016. Please note that counts collected in October 2016 were grown by 1%to 2017 to create a 2017 baseline condition. Existing AM peak hour and PM peak hour traffic volumes for the key study intersections of SR-55 SB Ramps at Fourth Street and SR-55 NB Ramps at Fourth Street/Irvine Boulevard were obtained from manual turning movement counts conducted by AimTD LLC in May 2017. Figures 3-2 and 3-3 illustrate the existing AM and PM peak hour traffic volumes at the four (4) key study intersections evaluated in this report, respectively. Figure 3-3 also presents the existing average daily traffic volumes for the one (1) key roadway segment in the vicinity of the proposed Project. Please note that these existing volumes include the traffic generated by the existing land uses. Appendix B contains the detailed peak hour and daily traffic count sheets for the key intersections and roadway segments evaluated in this report. 3.3 Intersection Analysis Methodologies Existing AM and PM peak hour operating conditions for the four (4) key study intersections were evaluated using the Intersection Capacity Utilization (ICU) methodology for signalized intersections and the methodology outlined in the Highway Capacity Manual 6 (ICM 6) for the unsignalized Project driveways. 3.3.1 Intersection Capacity Utilization (ICU) Method of Analysis In conformance with City of Santa Ana, City of Tustin, and Orange County CMP requirements, existing AM and PM peak hour operating conditions for the key signalized study intersections were evaluated using the Intersection Capacity Utilization (ICU) method. The ICU technique is intended for signalized intersection analysis and estimates the volume to capacity (V/C) relationship for an intersection based on the individual V/C ratios for key conflicting traffic movements. The ICU numerical value represents the percent signal (green) time, and thus capacity, required by existing and/or future traffic. It should be noted that the ICU methodology assumes uniform traffic distribution per intersection approach lane and optimal signal timing. 75A-393 10 Mmo 23a' c / 1433 599 \ N 411069. ,l 1 87:' } �' 581(-3)� 80 FOURTH \ \ ST / 64581z 1068 1 1g)7 f �) v IRVINE BLVD -1 S ..... .'...................... .� m 0 D N 3 M m m m n i i i FIRST ST 344 0j6'5 1 - \ 166: �' b \ 0- / m i 0 m i (NO SCALE KEY (XX) = EXISTING PROJECT REROUTE = PROJECT SITE FIGURE 3-2 EXISTING AM PEAK HOUR TRAFFIC VOLUMES TUSTIN AVENUE RETAIL, SANTA ANA 10 r 834 N 1071 121 z ,l r 361 \ 226:' } r ) 765(-4)A \ 727� M p„ N / 569/ 60 r I \ N \ \ 1 FOURTH \ \ ST � \ / 721 \ 1150 1 303-'� �) - 927(-5)f ,�,� N N / \ IRVINE BLVD -1 S ..... .'...................... .� m v 0 e n m m n i i i FIRST ST M m 484\ NON f 627 1 + ` 0 \ 466- \ 011 / m i 0 m i KEY XX,XXX►= DAILY TRAFFIC VOLUMES FIGURE 3-3 (XX) = EXISTING PROJECT REROUTE NNO SCALE = PROJECT SITE EXISTING PM PEAK HOUR AND DAILY TRAFFIC VOLUMES TUSTIN AVENUE RETAIL, SANTA ANA Per City of Santa Ana requirements, the ICU calculations use a lane capacity of 1,700 vehicles per hour (vph) for through lanes and 1,600 vph for left -turn lanes and right -turn lanes. A clearance adjustment factor of 0.05 was added to each Level of Service calculation. Per City of Tustin requirements, the ICU calculations use a lane capacity of 1,700 for through and all turn lanes. A clearance adjustment factor of 0.05 was added to each Level of Service calculation. The ICU value translates to a Level of Service (LOS) estimate, which is a relative measure of the intersection performance. The ICU value is the sum of the critical volume to capacity ratios at an intersection; it is not intended to be indicative of the LOS of each of the individual turning movements. The six qualitative categories of Level of Service have been defined along with the corresponding ICU value range and are shown in Table 3-1. 3.3.2 Highway Capacity Manual 6 (HCM 6) Method of Analysis (Unsignalized Intersections) Two-way stop -controlled intersections are comprised of a major street, which is uncontrolled, and a minor street, which is controlled by stop signs. Level of service for a two-way stop -controlled intersection is determined by the computed or measured control delay. The control delay by movement, by approach, and for the intersection as a whole is estimated by the computed capacity for each movement. LOS is determined for each minor -street movement (or shared movement) as well as major -street left turns. The worst side street approach delay is reported. LOS is not defined for the intersection as a whole or for major -street approaches, as it is assumed that major -street through vehicles experience zero delay. The HCM control delay value range for two-way stop - controlled intersections is shown in Table 3-2. 3.3.3 Level of Service Criteria According to the Cities of Santa Ana and Tustin, LOS D is the minimum acceptable condition that should be maintained during the peak commute hours. However, the City of Santa Ana has defined exceptions to this criterion at specific locations within the study area. The City of Santa Ana has defined major development areas where LOS "E" is considered acceptable. Caltrans "endeavors to maintain a target LOS at the transition between LOS "C" and LOS "D" on State highway facilities'; it does not require that LOS "D" (shall) be maintained. However, Caltrans acknowledges that this may not always be feasible and recommends that the lead agency consult with Caltrans to determine the appropriate target LOS. Caltrans has determined that all state owned facilities that operate below LOS D should be identified and improved to an acceptable LOS. The Caltrans Traffic Impact Study Guidelines dated December 2002 does state that if an existing state owned facility operates at less than LOS D, the existing service level should be maintained. Based on the above, the following summarizes the LOS required for each key study intersection: 75A-396 LOS "D" Requirements 2. Tustin Avenue at First Street 4. SR-55 NB Ramps at Fourth St/Irvine Blvd 3. SR-55 SB Ramps at Fourth Street LOS "E" Requirements 1. Tustin Avenue at Fourth Street 75A-397 TABLE 3-1 LEVEL OF SERVICE CRITERIA FOR SIGNALIZED INTERSECTIONS Level of Service (LOS) Intersection Capacity Utilization Value (V/C) Level of Service Description EXCELLENT. No vehicle waits longer A < 0.600 than one red light, and no approach phase is fully used. VERY GOOD. An occasional approach B 0.601 — 0.700 phase is fully utilized, many drivers begin to feel somewhat restricted within groups of vehicles. GOOD. Occasionally drivers may have to C 0.701 — 0.800 wait through more than one red light, backups may develop behind turning vehicles. FAIR. Delays may be substantial during portions of the rush hours, but enough D 0.801 — 0.900 lower volume periods occur to permit clearing of developing lines, preventing excessive backups. POOR. Represents the most vehicles E 0.901 — 1.000 intersection approaches can accommodate, may be long lines of waiting vehicles through several signal cycles. FAILURE. Backups from nearby locations or on cross streets may restrict or prevent F > 1.000 movement of vehicles out of the intersection approaches. Potentially very long delays with continuously increasing queue lengths. 75A-398 TABLE 3-2 LEVEL OF SERVICE CRITERIA FOR UNSIGNALIZED INTERSECTIONS (HCM 6 METHODOLOGY)z Level of Service (LOS) Highway Capacity Manual (HCM) Delay Per Vehicle (seconds/vehicle) Level of Service Description A < 10.0 Little or no delay B > 10.0 and < 15.0 Short traffic delays C > 15.0 and < 25.0 Average traffic delays D > 25.0 and <35.0 Long traffic delays E > 35.0 and < 50.0 Very long traffic delays H' > 50.0 Severe congestion 2 Source: Higini m Capacity Manual6, Chapter 20: Two -Way Stop -Controlled Intersections. The LOS criteria apply to each lane on a given approach and to each approach on the minor street. LOS is not calculated for major -street approaches or for the intersection as a whole. 75A-399 3.4 Existing Level of Service Results Table 3-3 summarizes the existing peak hour service level calculations for the four (4) key study intersections based on existing traffic volumes and current street geometries. Review of Table 3-3 indicates that three (3) of the four (4) key study intersections currently operate at an acceptable level of service during the AM and PM peak hours. The exception is SR-55 SB Ramps at Fourth Street, which currently operates at unacceptable LOS E during the AM peak hour. Appendix C presents the ICU/LOS calculation worksheets for the four (4) key study intersections for the AM peak hour and PM peak hour. 75A-400 TABLE 3-3 EXISTING PEAK HOUR INTERSECTION CAPACITY ANALYSIS Minimum Acceptable Control Time Key Intersection Jurisdiction LOS Type Period ICU/HCM LOS Tustin Avenue at 80 Traffic AM 0.602 B 1 Santa Ana E Fourth Street Signal pM 0.783 C Tustin Avenue at 60 Traffic AM 0.490 A 2. Tustin D First Street Signal pM 0.517 A SR-55 SB Ramps at Santa Ana/ 30 Traffic AM 0.902 E 3. D Fourth Street Caltrans Signal pM 0.783 C SR-55 NB Ramps at Tustin 30 Traffic AM 0.699 B 4. D Fourth Street/Irvine Boulevard Caltrans Signal pM 0.757 C 75A-401 4.0 TRAFFIC FORECASTING METHODOLOGY In order to estimate the traffic impact characteristics of the proposed Project, a multi -step process has been utilized. The first step is traffic generation, which estimates the total arriving and departing traffic on a peak hour and daily basis. The traffic generation potential is forecast by applying the appropriate vehicle trip generation equations or rates to the project development tabulation. The second step of the forecasting process is traffic distribution, which identifies the origins and destinations of inbound and outbound project traffic. These origins and destinations are typically based on demographics and existing/expected future travel patterns in the study area The third step is traffic assignment, which involves the allocation of project traffic to study area streets and intersections. Traffic assignment is typically based on minimization of travel time, which may or may not involve the shortest route, depending on prevailing operating conditions and travel speeds. Traffic distribution patterns are indicated by general percentage orientation, while traffic assignment allocates specific volume forecasts to individual roadway links and intersection turning movements throughout the study area. With the forecasting process complete and project traffic assignments developed, the impact of the proposed project is isolated by comparing operational (LOS) conditions at selected key intersections using expected future traffic volumes with and without forecast project traffic. The need for site - specific and/or cumulative local area traffic improvements can then be evaluated and the significance of the project's impacts identified. 75A-402 5.0 PROJECT TRAFFIC CHARACTERISTICS 5.1 Project Traffic Generation Traffic generation is expressed in vehicle trip ends, defined as one-way vehicular movements, either entering or exiting the generating land use. Generation equations and/or rates used in the traffic forecasting procedure are found in the 9 b Edition of Trip Generation, published by the Institute of Transportation Engineers (ITE) [Washington D.C., 2012]. Table 5-1 summarizes the trip generation rates used in forecasting the vehicular trips generated by the proposed Project and also presents the project's forecast peak hour and daily traffic volumes. As shown in the upper portion of Table 5-1, ITE Land Use 931: Quality Restaurant and ITE Land Use 946: Gasoline/Service Station With Convenience Market and Car Wash trip rates will be used to forecast the trip generation of the existing development. ITE Land Use 945: Gasoline/Service Station With Convenience Market will be used to forecast the trip generation of the gas station portion of the proposed Project. Empirical trip generation estimates at Victorville Speedwash collected on February 7, 2014 will be used to forecast the trip generation of the express car wash portion of the proposed Project. A review of the middle portion of this table indicates that the existing land uses generate 1,257 daily trips, with 39 trips (21 inbound, 18 outbound) produced in the AM peak hour and 66 trips (37 inbound, 29 outbound) produced in the PM peak hour. A review of the lower portion of Table 5-1 indicates that the proposed Project is forecast to generate 2,235 daily trips, with 89 trips (48 inbound, 41 outbound) produced in the AM peak hour and 152 trips (76 inbound, 76 outbound) produced in the PM peak hour. Review of the last row of Table 5-1 shows that with application of existing trip credits, the proposed Project is forecast to generate a new of 978 daily trips, a net of 50 (27 inbound, 23 outbound) AM peak hour trips, and a net of 86 (39 inbound, 47 outbound) PM peak hour trips. 5.2 Project Trip Distribution and Assignment Figures 5-1 and 5-2 present the trip distribution pattern for the gas station and commercial components proposed Project, respectively. Project traffic volumes both entering and exiting the project site have been distributed and assigned to the adjacent street system based on the following considerations: • location of site access points in relation to the surrounding street system, • the site's proximity to major traffic carriers and regional access routes, • physical characteristics of the circulation system such as lane channelization and presence of traffic signals that affect travel patterns, • presence of traffic congestion in the surrounding vicinity, and • ingress/egress availability at the project site. 75A-403 The anticipated near -term AM and PM peak hour project traffic volumes associated with the proposed Project (the net trip volumes and existing trip credits) are presented in Figures 5-3 and 5-4, respectively. Figure 5-4 also presents the daily Project traffic volumes. The traffic volume assignments presented in Figures 5-3 and 5-4 reflect the traffic distribution characteristics shown in Figures 5-1 and 5-2 and the traffic generation forecast presented in Table 5-1. 5.3 Existing Plus Project Traffic Conditions The Existing Plus Project traffic conditions have been generated based upon existing conditions and the estimated project traffic. These forecast traffic conditions have been prepared pursuant to the California Environmental Quality Act (CEQA) guidelines, which require that the potential impacts of a Project be evaluated upon the circulation system as it currently exists. This traffic volume scenario and the related intersection capacity analyses will identify the roadway improvements necessary to mitigate the direct traffic impacts of the Project, if any. Figures 5-5 and 5-6 present projected AM and PM peak hour traffic volumes at the four (4) key study intersections and three (3) Project driveways with the addition of the trips generated by the proposed Project to existing traffic volumes. Figure 5-6 also presents the Existing Plus Project daily traffic volumes. 75A-404 N O h 10 bNo } Z � o-30% 125% 20%� 35%~ 5%� \25%� / FOURTH \ \ ST V IRVINE BLVD , I \ DWY 3 / / o / � o i20%\ �/ n �25% o-35% ^ f 75%-� G m m n i i i FIRST ST 10� / 15� 10%j i i 0 m i (NO SCALE KEY = INBOUND PERCENTAGE = OUTBOUND PERCENTAGE PROJECT SITE FIGURE 5-1 PROJECT TRIP DISTRIBUTION PATTERN — GAS STATION TUSTIN AVENUE RETAIL, SANTA ANA N O k h / ti I�I 35%\� I tl z 1307 1257 1\20%� "/ 13 5%� 1\25%: ! oo� /I FOURTH \ \ ST v IRVINE BLVD 20% r / \ DWr 2 \ / t: DWY 3—...- s / / N b ri 1 I 125%- I o G m m i i FIRST ST 10% / 15% / L15% 1 10%j I i i m i = INBOUND PERCENTAGE FIGURE 5-2 = OUTBOUND PERCENTAGE :? = PROJECT SITE PROJECT TRIP DISTRIBUTION tNO SCALE PATTERN - EXPRESS CAR WASH TUSTIN AVENUE RETAIL, SANTA ANA 7 '.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.. / 26 \ 4— r / \4 (30)--.A �z / \ N / 0 (tNO SCALE KEY (XX) = PASS—BY/DIVERTED TRIPS = PROJECT SITE FIGURE 5-3 AM PEAK HOUR PROJECT TRAFFIC VOLUMES TUSTIN AVENUE RETAIL, SANTA ANA 10 / 0 39 0-'� 1} I \ 191�. � N � FOURTH \ \ z ,l r 0 28� I \ 6� / \ ST / \ 24 \ 6� i I \ 22� IRVINE BLVD �\ / I........... L.' / ,I \ 2'..� } �(g)DWY / MO r 34((10) 34 0 } _r , (8� r I 0 \ M \136�� � / � m m m n i i i FIRST ST 14\ / Q \ 1ON 0 i 0 m i KEY XX,XXX►= DAILY TRAFFIC VOLUMES FIGURE 5-4 (XX) = PASS-BY/DIVERTED TRIPS NNO SCALE = PROJECT SITE PM PEAK HOUR AND DAILY PROJECT TRAFFIC VOLUMES TUSTIN AVENUE RETAIL, SANTA ANA 4q 23a 1106� 87-' 688— 1 } NN/ \ / 43 +�r25 fr 433 log� 57 8 � \ — 1 4E / 645 1085 1 e 7 065 �I 173-J � r \ 4122 o / \2 KEY ;= PROJECT SITE FIGURE 5-5 NO SCALE EXISTING PLUS PROJECT AM PEAK HOUR TRAFFIC VOLUMES TUSTIN AVENUE RETAIL, SANTA ANA 10 /a M 34 1160 \ \ 226:' } / \ 738 FOURTH \ z / ,l r 3619� \ 793� / 575� / \ ST / 1174\ \ 309-�) r \ 94T! N / IRVINE BLVD �\ / M I........... L...........,I DWY 2 '...� \\ I: / / 70 \ / e r 39 io 1385\ ^ N w mo m m n i i i FIRST ST o 44 627 \ 629 J 466 \ ---A m / i 0 m i KEY XX,XXX►= DAILY TRAFFIC VOLUMES FIGURE 5-6 =PROJECT SITE TNO SCALE EXISTING PLUS PROJECT PM PEAK HOUR AND DAILY TRAFFIC VOLUMES TUSTIN AVENUE RETAIL, SANTA ANA TABLE 5-1 PROJECT TRIP GENERATION RATES AND FORECASTS Daily AM Peak Hour PM Peak Hour Enter Exit Total Enter Exit Total Description 2-Way Trip Generation Rates: 931: Quality Restaurant(TE/TSF) 89.95 100% 0% 0.81 67% 33% 7.49 945: Gasoline/Service Station With Convenience 162.78 50% 50% 10.16 50% 50% 13.51. Market (TE/VFP) 946:Gasoline/Service Station With Convenience 152.84 51% 49% 11.84 51% 49% 13.86 Market and Car Wash (TE/VFP) Empirical Trip Generation Estimates for Speedwash (TE/LFWT)s 8.663 0.275 0.204 0.479 0.450 0.463 0.913 Exisfin2 Development Trip Generation: Gas Station With Market With Car Wash (8 VFP) 1,223 48 47 95 57 54 111 Pass -By (Daily 25%, AM 62%, PM 56%) -306 -30 -29 -59 -32 -30 -62 Existing Gas Station Subtotal 917 18 18 36 25 24 49 Quality Restaurant (4,200 SF) 378 3 0 3 21 10 31 Pass -By (Daily 10%, AM 0%, PM 44%) -38 0 0 0 -9 -5 -14 Existing Restaurant Subtotal 340 3 0 3 12 5 17 Proposed Proiect Trip Generation: Gas Station With Market (12 VFP) 1,953 61 61 122 81 81 162 Pass -By (Daily 25%, AM 62%, PM 56%) -488 -38 -38 -76 -45 -46 -91 Proposed Gas Station Subtotal 1,465 23 23 46 36 35 -1 Express Car Wash (118.5 Feet of Tunnel) 1,027 33 24 57 53 55 108 Pass -By (Daily 25%, AM 25%, PM 25%) -257 -8 -6 -14 -13 -14 -27 Proposed Cam Wash Subtotal 770 25 18 43 40 41 SI Total Existing Development Trip Generation (A) 1,257 21 18 39 37 29 66 Total Proposed Project Trip Generation (B) 2,235 48 41 89 76 76 152 Total Net Project Trip Generation (C) _ (B) — (A) 978 27 23 50 39 47 86 Notes: TE/TSF —Trip End per 1,000 Square Feet of Gross Floor Area • TE/VFP = Trip End per Vehicle Fueling Position. • TE/LFWP =Trip End per Linear Feet of Wash Tunnel s Source: Trip Generation, 9' Edition, Institute of Transportation Engineers QTE), Washington, D.C. (2012). 5 Based on driveway traffic counts conducted on Friday (2/7/2014) at Victorville Speedwash (12147 Industrial Boulevard, Victoriville). 75A-411 6.0 FUTURE TRAFFIC CONDITIONS 6.1 Ambient Traffic Growth Horizon year, background traffic growth estimates have been calculated using an ambient traffic growth factor. The ambient traffic growth factor is intended to include unknown and future cumulative projects in the study area, as well as account for regular growth in traffic volumes due to the development of projects outside the study area. The future growth in traffic volumes has been calculated at one percent (1.0%) per year. Applied to the Year 2017 existing traffic volumes, this factor results in a 2.0% growth in existing volumes to the near -term horizon year 2019. 6.2 Cumulative Projects Traffic Characteristics In order to make a realistic estimate of future on -street conditions prior to implementation of the proposed Project, the status of other known development projects (cumulative projects) within a two-mile radius of the proposed project has been researched at the City of Santa Ana and City of Tustin. With this information, the potential impact of the proposed Project can be evaluated within the context of the cumulative impact of all ongoing development. Based on our research during the scoping process, there are sixteen (16) cumulative projects in the City of Santa Ana and eight (8) cumulative projects in the City of Tustin that are being processed for approval. These twenty-four (24) cumulative projects have been included as part of the cumulative background setting. Table 6-1 provides a brief description for each of the twenty-four (24) cumulative projects. Figure 6-1 graphically illustrates the location of the twenty-four (24) cumulative projects. These cumulative projects are expected to generate vehicular traffic, which may affect the operating conditions of the key study intersections. Table 6-2 summarizes the trip generation potential for all twenty-four (24) cumulative projects on a daily and peak hour basis for a typical weekday. As shown, the cumulative projects are expected to generate 30,720 daily trips, with 2,501 trips (1,176 inbound, 1,325 outbound) anticipated during the AM peak hour and 2,962 trips (1,506 inbound, 1,456 outbound) produced during the PM peak hour. The AM and PM peak hour traffic volumes associated with the twenty-four (24) cumulative projects in the Year 2019 are presented in Figures 6-2 and 6-3, respectively. Figure 6-3 also presents the daily related project traffic volumes. 6.2.1 Year 2019 Traffic Volumes Figures 6-4 and 6-5 present the AM and PM peak hour cumulative traffic volumes (existing traffic + ambient growth + cumulative projects) at the four (4) key study intersections for the Year 2019. Figure 6-5 also presents the Year 2019 daily cumulative traffic volumes. Figures 6-6 and 6-7 illustrate the Year 2019 forecast AM and PM peak hour traffic volumes, with the inclusion of the trips generated by the proposed Project. Figure 6-7 also presents the Year 2019 daily cumulative plus project traffic volumes. 75A-412 o q Lloz—zL-6o 9g:woL dat 6mP'L-9b I99CVbmpAouo oyuos °liolej enuenD ui,, — IB9C, �5� -chUr ' = N s o � Y 4 Po xo H'u oaa wo `<W Y 9u10`z3Y�� sU ref =Nz�mo 00 "9sd Y�Y� 22Hm 3Ns �Y N soom p Z` WO W N�6� p wyi�<i rw 22 z Y(]Nm GN�66600u2 Fka YO ypjx Y YYN3p N�mY�w03NK6m� o�KNGOw G�rnmw Zmranirc[°bi? v hlsri` a��drr ad � aw _ N Nutt Ave 9v T } Lwin9swn S7 �t 1� anF(i�adap ol LL L s; Pr[.spOCC Ave —�' •� w L •^ Y G, ` "f rJlbd `al v zi � G � r Yaibe 5t i TIfSIZG AV+; .. c O Q of E w h w� 'iil:l bn!E 'i: Crli rlme FBr3 Pi O o: Q Mabory Sl S C-FF iO w Q rn wi Ave N Crand Ave cn W q e r m I.eI .h, A,. ® n S smdn'd PY� LL 4 O %.l a 4 S ii allecleY Si ca '� Q p 1p 5141�on Dr yy � 9a1i 51 lac =.. 1e ® Fee14:'h 51 Lp Maps Sti N Spur9lan�. w. N p in N 6u�h Si Main Street N.b'YGGEP 4r2St � - hd3ifl SlrePl y� � � :Vf U vl Gi > •iJ o. w W :m NPmru St k ra.Mali N N Fwwzr Sl m a a 15 Jauatp� F r 4 N5akar Sl IA � =x4ee G• 46 \ i L 53 r m FOURTH \ vci � z JC`170\ 182— \ 67� / \ ST / 0 \ —51 10250 \ 82— IRVINE BLVD . .. ...' .................. I..... ..........' :� .......... s pN C !1 O N D G 0 3 n m m i i FIRST ST oo� _ \ J + ` 05 \ r 107-309o00 i m i (NO SCALE = PROJECT SITE FIGURE 6-2 AM PEAK HOUR CUMULATIVE PROJECTS TRAFFIC VOLUMES TUSTIN AVENUE RETAIL, SANTA ANA ONO 181 \ z / J C ` 354\ �\ 5oJ r1301� FOURTH \ \ ST / — 188 \ 67� T /l >,__,� v IRVINE BLVD . .. ...' .................. I..... ..........' :� .......... s pN C !1 O 1101i 0 D i n n m m m i i FIRST ST 0 1 977 2 1 I r/ m XX,XXX = DAILY TRAFFIC VOLUMES FIGURE 6-3 = PROJECT SITE N NO SCALE PM PEAK HOUR AND DAILY CUMULATIVE PROJECTS TRAFFIC VOLUMES TUSTIN AVENUE RETAIL, SANTA ANA o� 233 657 \ / — 1166 136 z J ` 4413 97-� i i r 775— \ 717— " \ 957� / FOURTH \ \ ST / 658 \ — 1140 303- T \ 558— IRVINE BLVD . .. ...' .................. I..... ..........' :� .......... s pN C !1 O n 0 D 0 i n m m m i i FIRST ST J 42 35� \ 035 478-� 1 i r \ J 527— o 0 o i m i (NO SCALE ;= PROJECT SITE FIGURE 6-4 YEAR 2019 AM PEAK HOUR CUMULATIVE TRAFFIC VOLUMES TUSTIN AVENUE RETAIL, SANTA ANA � 304 z J ` 371 237-�1 1 r / 910— / 796— ,�; 621� \ 61� FOURTH \ \ ST 736 — 1261 372-� T / 1013— �+ IRVINE BLVD . .. ...' .................. I..... ..........' :� .......... s pN C !1 O N n P Ol � 0 D G i n m m i i FIRST ST J /m m 493 \ 047 E24r / \ J 552— o 0 o i m i XX,XXX = DAILY TRAFFIC VOLUMES FIGURE 6-5 = PROJECT SITE N NO SCALE YEAR 2019 PM PEAK HOUR AND DAILY CUMULATIVE TRAFFIC VOLUMES TUSTIN AVENUE RETAIL, SANTA ANA /M \ 235\ 654 / 1165\ 97 \ 720: \ 443� 796092� J � � m � 57 / / �658\ 1157 1 I...�.......�.. DWY 2'..�- r N T 0 / 43 r 25 1053 0 r J 1783— r J \ 76— o 36� 035 \I 485-J � J 5277 / \2 KEY ;= PROJECT SITE FIGURE 6-6 NO SCALE YEAR 2019 AM PEAK HOUR CUMULATIVE PLUS PROJECT TRAFFIC VOLUMES TUSTIN AVENUE RETAIL, SANTA ANA 10 /m rn 40� / f r 925 \ 1 } `r 343 \ 237-'� 1 } J \ 8077 � �,�, 1 M / FOURTH \ / '' 12A z ,l r 371 \ 938� J \ 627- / \ ST / 736 \ 1285 \ 378-'� �) J 1035� M N / IRVINE BLVD DWY 2 \ M N / I'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.� o / � / 70 r 39 N1 1672 \ } r J >\ 1594-1 r J 0 N o D G b m m n i i i FIRST ST 50� 047\ \ 833-J 552 ' \ ---A m i 0 m i KEY XX,XXX►= DAILY TRAFFIC VOLUMES FIGURE 6-7 TNO = PROJECT SITE SCALE YEAR 2019 PM PEAK HOUR AND DAILY CUMULATIVE PLUS PROJECT TRAFFIC VOLUMES TUSTIN AVENUE RETAIL, SANTA ANA TABLE 6-1 LOCATION AND DESCRIPTION OF CUMULATIVE PROJECTS? No. Cumulative Project Location/Address Description City ofSanta Ana Development Artist Gateway 117 South Sycamore Street 14 DU Live/Work 1. 2. Depot at Santiago 923 North Santiago Street 70 DU Apartments, 12.623 TSF Retail/Office 3. Lotus Townhomes 627 East Washington Avenue 8 DU Townhomes 4. Rocket Express Car Wash 1703 East Seventeenth Street 4.995 TSF Car Wash, 20.146 TSF Existing Commercial Demolition 5. Sexlinger Homes and Orchard 1584 East Santa Clara Avenue 24 DU Single Family Detached 6. First Street Family Apartments 1440 East First Street 69 DU Apartments, 47.04 T SF Existing Office Demolition 7. One Broadway Plaza 1109 North Broadway 518.000 SF Office Tower with 16.000 TSF of Restaurant Floor Area 8. East First Street Apartments 2222 East First Street 419 DU Senior Residential Apartments 9. First Street Care Home 2151 East First Street Convert 75 Room Motel to 72 DU Supportive Housing Apartments 10. Tom's Trucks Residential Development 1008 East Fourth Street 170 DU Single Family Detached 11. The Madison 200 N. Cabrillo Park Drive 260 DU Apartments, 6,561 TSF Commercial 12. 2114 East First Apartments 2114 East First Street 694 DU Affordable Apartments, 9.700 TSF Commercial 13. 888 Adaptive Reuse 888 North Main Street 146 Condominiums 14. Elk's Lodge 1701 East St. Andrew Place 46.438 TSF Lodge 15. Hampton Inn Hotel 2129 North Main Street 135 Room Hotel 16. Tustin Avenue Retail 1660 E. First Street 601 DU Apartments, 16.430 TSF Commercial City of Tustin Development 201 DU Apartments, 3.000 TSF Health 17. Tustin Red Hill Mixed -Use 13751-13841 Red Hill Avenue Club, 10.000 TSF General Office, 4.000 TSF Shopping Center, 3.000 TSF High - Turnover Restaurant 18. 4 Unit Condominium Complex 1051 Bonita Street 4 DU Condominiums 19. 5 Detached Residential Condos 1381-1391 San Juan Street 5 DU Condominiums 20. New Office Building 721 West First Street 7.200 TSF Office 21. Restaurant 14232 Newport Avenue 1.800 TSF Fast -Food Restaurant w/ Drive-Thru 7 Source:Ou of Santa Ana and City ofTustin Planning Department staff. 75A-420 TABLE 6-1 (CONTINUED) LOCATION AND DESCRIPTION OF CUMULATIVE PROJECTSB No. Cumulative Project Location/Address Description 22. Grace Harbor Church 12881 Newport Avenue 10.015 TSF 2-story Classroom 23. Habitat for Humanity 140 South A Street 2 DU Condominiums 24. Intracorp So Cal-1 420 West 6' Street 140 DU Single Family Attached B Source: City of Santa Ana and City of Tustin Planning Department staff. 75A-421 TABLE 6-2 CUMULATIVE PROJECTS TRIP GENERATION FORECASTS Cumulative Project Description Daily 2-Way AM Peak Hour PM Peak Hour Enter Exit Total Enter Exit Total 1. Artist Gateway 93 1 6 7 6 3 9 2. Depot at Santiago 658 15 32 47 31 24 55 3. Lotus Townhomes 46 1 3 4 3 1 4 4. Rocket Express Car Wash 529 15 15 30 21 20 41 5. Sexlinger Homes and Orchard 229 5 13 18 15 9 24 6. First Street Family Apartments 459 7 28 35 28 15 43 7. One Broadway Plaza 6,175 641 94 735 198 596 794 8. East First Street Apartments 1,524 30 59 89 60 51 111 9. First Street Care Home 479 7 30 37 29 16 45 10. Tom's Trucks Residential Development 1,618 32 96 128 107 63 170 11. The Madison 2,010 30 104 134 115 69 184 12. 2114 East First Apartments 4,988 76 286 362 291 163 454 13. 888 Adaptive Reuse 848 11 53 64 51 25 76 14. Elk's Lodge 1,571 63 32 95 62 65 127 15. Hampton Inn Hotel 1,103 42 30 72 41 40 81 16. Tustin Avenue Retail 4,464 67 240 307 257 155 412 17. Tustin Red Hill Mixed -Use 2,098 57 102 159 115 81 196 18. 4 Unit Apartment Complex 27 0 2 2 1 1 2 19. 5 Detached Residential Condos 29 0 2 2 2 1 3 20. New Office Building 122 15 2 17 3 13 16 21. Restaurant 670 21 21 42 15 14 29 22. Grace Harbor Church 155 29 23 52 5 7 12 23. Habitat for Humanity 12 0 1 1 1 0 1 24. Intracorp So Cal-1 813 11 51 62 49 24 73 Cumulative Projects Total Trip Generation Potential 30,720 1,176 1,325 2,501 1,506 1,456 2,962 9 Source: Trip Generation, 9' Edition, Institute of Transportation Engineers (ITE), Washington, D.C. (2012). 75A-422 7.0 TRAFFIC IMPACT ANALYSIS METHODOLOGY The relative impact of the proposed Project during the AM peak hour and PM peak hour was evaluated based on analysis of future operating conditions at the four (4) key study intersections, without, then with, the proposed Project. The previously discussed capacity analysis procedures were utilized to investigate the future volume -to -capacity relationships and service level characteristics at each study intersection. The significance of the potential impacts of the Project at each key intersection was then evaluated using the following traffic impact criteria. 7.1 Impact Criteria and Thresholds 7.1.1 City of Santa Ana For the study intersection solely under the jurisdiction of the City of Santa Ana, impacts to local and regional transportation systems are considered significant if: • An unacceptable peak hour Level of Service (LOS) at any of the key intersections is projected and the project increases traffic demand at the study intersection by 1% of capacity (ICU increase >_ 0.010). The City of Santa Ana considers LOS D (ICU = 0.801 - 0.900) to be the minimum acceptable LOS for all intersections, except for those locations located within the City's defined major development areas, where LOS E is considered acceptable. Based on the above, the following summarizes the LOS required for the Santa Ana key study intersection: LOS "D" Reguiremeuts 3. SR-55 SB Ramps at Fourth Street LOS "E" Renuiremeuts 1. Tustin Avenue at Fourth Street • At unsignalized intersections, an impact is considered to be significant if the project causes an intersection at LOS D or better to degrade to LOS E or F and the traffic signal warrant analysis determines that a signal is justified. 7.1.2 City of Tustin For the study intersection within the jurisdiction of the City of Tustin, impacts to local and regional transportation systems are considered significant if: • An unacceptable peak hour Level of Service (LOS) at any of the key intersections is projected and, for this analysis, if the project increases traffic demand at the study intersection by 1% of capacity (ICU increase >_ 0.010), causing or worsening LOS E or F (ICU > 0.901), the impact is considered significant. The City of Tustin considers LOS D to be the minimum acceptable condition that should be maintained during the peak commute hours at the intersection listed below: 75A-423 LOS "D" Reguiremeuts 2. Tustin Avenue at First Street 4. SR-55 NB Ramps at Fourth Street/Irvine Boulevard 7.2 Traffic Impact Analysis Scenarios The following scenarios are those for which volume/capacity calculations have been performed at the four (4) key intersections for existing plus project, near -term (Year 2019) traffic conditions: A. Existing Traffic Conditions; B. Existing Plus Project Traffic Conditions; C. Scenario (B) with Improvements, if necessary; D. Near -Term (Year 2019) Cumulative Traffic Conditions, E. Near -Term (Year 2019) Cumulative plus Project Traffic Conditions; F. Scenario (E) with Improvements, if necessary; and G. Scenario (H) with Improvements, if necessary. 75A-424 8.0 PEAK HOUR INTERSECTION CAPACITY ANALYSIS 8.1 Existing Plus Project Analysis Table 8-1 summarizes the peak hour Level of Service results at the four (4) key study intersections for existing plus project traffic conditions. The first column (1) of ICU/LOS values in Table 8-1 presents a summary of existing AM and PM peak hour traffic conditions (which were also presented in Table 3-3). The second column (2) lists existing plus project traffic conditions. The third column (3) shows the increase in ICU value due to the added peak hour Project trips and indicates whether the traffic associated with the Project will have a significant impact based on the LOS standards and significant impact criteria defined in this report. The fourth column (4) presents the resultant level of service with the inclusion of recommended traffic improvements, where needed, to achieve an acceptable level of service. 8.1.1 Existing Pius Project Traffic Conditions Review of columns (2) and (3) of Table 8-1 indicate that traffic associated with the proposed Project will not significantly any of the four (4) key study intersections, when compared to the LOS standards and significant impact criteria specified in this report. Although the intersection of SR-55 SB Ramps at Fourth Street is forecast to operate at LOS E during the AM peak hour with the addition of Project traffic, the proposed Project is expected to add less than 0.010 to the ICU value. The remaining three (3) intersections are forecast to continue to operate at an acceptable LOS with the addition of project generated traffic. Appendix C presents the existing plus project ICU/LOS calculations for the four (4) key study intersections. 75A-425 () E E3 {k = @ )§ m o<<* o m o P\ [ \ ¢ alquidaaaV __a ~ f§ ƒ a a w e / 75A- 2§ 8.2 Year 2019 Traffic Conditions Table 8-2 summarizes the peak hour Level of Service results at the four (4) key study intersections for the Year 2019 horizon year. The first column (1) of ICU/LOS values in Table 8-2 presents a summary of existing AM and PM peak hour traffic conditions. The second column (2) lists projected cumulative traffic conditions (existing plus ambient plus cumulative projects traffic) based on existing intersection geometry, but without any traffic generated from the proposed Project. The third column (3) presents forecast Year 2019 near -term traffic conditions with the addition of Project traffic. The fourth column (4) shows the increase in ICU value due to the added peak hour Project trips and indicates whether the traffic associated with the Project will have a significant impact based on the LOS standards and significant impact criteria defined in this report. The fifth column (5) presents the resultant level of service with the inclusion of recommended traffic improvements, where needed, to achieve an acceptable level of service. 8.2.1 Year 2019 Cumulative Traffic Conditions An analysis of future (Year 2019) background traffic conditions indicates that with the addition of ambient traffic growth and cumulative projects traffic, one (1) of the four (4) key study intersections will operate at an adverse LOS. The location identified below is forecast to operate at an unacceptable level of service: AM Peak Hour PM Peak Hour Kev Intersection ICU/HCM LOS ICU/HCM LOS 6. SR-55 SB Ramps at Fourth Street 0.968 E The remaining three (3) key study intersections are forecast to continue to operate at an acceptable LOS based on the LOS criteria identified in this report. 8.2.2 Year 2019 Cumulative Plus Project Conditions Review of columns (3) and (4) of Table 8-2 indicate that traffic associated with the proposed Project will not significantly impact any of the four (4) key study intersections, when compared to the LOS standards and significant impact criteria specified in this report. Although the intersection of SR-55 SB Ramps at Fourth Street is forecast to operate at an adverse LOS E during the AM peak hour, with the addition of Project traffic, the proposed Project is expected to add less than 0.010 to the ICU value. The remaining three (3) key study intersections are forecast to continue to operate at an acceptable LOS with the addition of project generated traffic in the Year 2019. Appendix C also presents the near -term ICU/LOS calculations for the four (4) key study intersections. 75A-427 .0 Go u i11 � iR a C y R N YM1{ H F-I ♦+ O z o 0 0 0 0 0 0 0 z z z z z z z z R u G- u R O �O co M vi N vi = O O O O O O O O I —I y O � O U Ca � m W Ca U Ca O� u iR W N L = QI O R U H y � O R O R U h co �p vi � co h co H y O � O a U y y W U a U C p O O O O O O O O H SO'I alggdaaaV mnmiuiK 17 Ca Ca Ca m � u x N «I 0 d 9.0 SITE ACCESS AND INTERNAL CIRCULATION EVALUATION 9.1 Site Access Vehicular access to the existing gas station at 325 N. Tustin Avenue is currently provided by one (1) right in -right out driveway on Tustin Avenue and four (4) right in -right out driveways on Fourth Street. Access to the existing restaurant at 301 N. Tustin Avenue is currently provided by one (1) full access driveway and one (1) right in -right out driveway on Tustin Avenue. Vehicular access will remain generally similar to the current driveways with the exception of the removal of the one (1) right in -right out driveway at the existing restaurant along Tustin Avenue and the westerly right in -right out driveway along Fourth Street. A total of three (3) driveways will provide access to the proposed Project site. Table 9-1 summarizes the intersection level of service results for the three (3) proposed Project driveways under near -term (Year 2019) traffic conditions at completion and full occupancy of the proposed Project. As shown, these key study intersections are forecast to operate at LOS C or better during the AM peak hour and PM peak hour. Appendix D presents the near -term HCM/LOS calculations for the three (3) Project driveways. 9.2 Internal Circulation Evaluation The on -site circulation was evaluated in terms of vehicle -pedestrian conflicts. Based on our review of the preliminary site plan, the overall layout does not create any unsafe vehicle -pedestrian conflict points and the driveway throating is sufficient such that access to parking spaces is not impacted by internal vehicle queuing/stacking. Curb return radii have been confirmed and are adequate for service/delivery trucks and trash trucks. The on -site circulation is very good based on our review of the proposed site plan, whereas the alignment, spacing, and throating of the Project driveways is adequate. The circulation around the buildings is adequate with sufficient sight distance along the drive aisles. 75A-429 TABLE 9-1 PROJECT DRIVEWAY PEAK HOUR INTERSECTION CAPACITY ANALYSIS SUMMARY (1) Year 2019 Plus Project Intersection Time Traffic Conditions Delay (s/v) LOS Key Intersection Control Period Project Driveway 1 at One -Way AM 23.3 C A. Fourth Street Stop PM 21.7 C Tustin Avenue at One -Way AM 12.6 B B. Project Driveway Stop PM 16.5 C Tustin Avenue at One -Way AM 14.6 B C. Project Driveway Stop PM 25.0 C Notes: • Bold Delay/LOS values indicate adverse service levels based on the Cities LOS standards • s/v = seconds per vehicle 75A-430 10.0 RECOMMENDED INTERSECTION IMPROVEMENTS For those intersections where projected traffic volumes are expected to result in unacceptable operating conditions, this report recommends (identifies) improvement measures that change the intersection geometry to increase capacity. These capacity improvements involve roadway widening and/or re -striping to reconfigure (add lanes) to specific approaches of a key intersection. The identified improvements are expected to: • mitigate the impact of existing traffic, Project traffic and future non -project (ambient traffic growth and cumulative project) traffic and • improve Levels of Service to an acceptable range and/or to pre -project conditions. 10.1 Existing Plus Project Traffic Conditions The results of the intersection capacity analysis presented previously in Table 8-1 shows that the proposed Project will not significantly impact any of the four (4) key study intersections under the "Existing Plus Project" traffic scenario. Given that there are no significant project impacts, no improvements are required under this traffic scenario. 10.2 Year 2019 Plus Project Traffic Conditions The results of the intersection capacity analyses presented previously in Table 8-2 shows that the proposed Project will not significantly impact any of the four (4) key study intersections under the "Year 2019 Plus Project" traffic scenario. Given that there are no significant project impacts, no improvements are required under this traffic scenario. 75A-431 11.0 CONGESTION MANAGEMENT PROGRAM (CMP) COMPLIANCE ASSESSMENT This analysis is consistent with the requirements and procedures outlined in the current Orange County Congestion Management Program (CMP). The CMP requires that a traffic impact analysis be conducted for any project generating 2,400 or more daily trips, or 1,600 or more daily trips for projects that directly access the CMP Highway System (HS). Per the CMP guidelines, this number is based on the desire to analyze any impacts that will be 3.0% or more of the existing CMP highway system facilities' capacity. However, as noted in this focused traffic study, the proposed Project is expected to generate a net of 878 daily trips, and thus does not meet the criteria required for a CMP traffic analysis. Therefore, it is concluded that the proposed Project will not have any significant traffic impacts on the Congestion Management Program Highway System. 75A-432 12.0 STATE OF CALIFORNIA (CALTRANS) METHODOLOGY In conformance with the current Caltrans Guide for the Preparation of Traffic Impact Studies, existing and projected AM and PM peak hour operating conditions at the two (2) state-controlled study intersections within the study area have been evaluated using the Highway Capacity Manual 6:h Edition operations method of analysis. These state-controlled locations include the following intersections: 3. SR- 55 Ramps at Fourth Street 4. SR-55 NB Ramps at Fourth St/Irvine Blvd Caltrans "endeavors to maintain a target LOS at the transition between LOS "C" and LOS "D" on State highway facilities'; it does not require that LOS "D" (shall) be maintained. However, Caltrans acknowledges that this may not always be feasible and recommends that the lead agency consult with Caltrans to determine the appropriate target LOS. For this analysis, LOS D is the target level of service standard and will be utilized to assess the project impacts at the state-controlled study intersections. 12.1 Highway Capacity Manual (HCM) Method of Analysis (Signalized Intersections) AM and PM peak hour operating conditions for the key study intersections were evaluated using the methodology outlined in Chapter 19 of the Highway Capacity Manual 6 (HCM 6) for signalized intersections. Based on the HCM operations method of analysis, level of service for signalized intersections and approaches is defined in terms of control delay, which is a measure of the increase in travel time due to traffic signal control, driver discomfort, and fuel consumption. Control delay includes the delay associated with vehicles slowing in advance of an intersection, the time spent stopped on an intersection approach, the time spent as vehicles move up in the queue, and the time needed for vehicles to accelerate to their desired speed. LOS criteria for traffic signals are stated in terms of the control delay in seconds per vehicle. The LOS thresholds established for the automobile mode at a signalized intersection are shown in Table 12-1. 75A-433 TABLE 12-1 LEVEL OF SERVICE CRITERIA FOR SIGNALIZED INTERSECTIONS (HCM 6 METHODOLOGY)" Level of Service Control Delay Per Vehicle (LOS) (seconds/vehicle) Level of Service Description This level of service occurs when progression is A < 10.0 extremely favorable and most vehicles arrive during the green phase. Most vehicles do not stop at all. Short cycle lengths may also contribute to low delay. This level generally occurs with good progression, short B > 10.0 and < 20.0 cycle lengths, or both. More vehicles stop than with LOS A, causing higher levels of average delay. Average traffic delays. These higher delays may result from fair progression, longer cycle lengths, or both. C > 20.0 and <35.0 Individual cycle failures may begin to appear at this level. The number of vehicles stopping is significant at this level, though many still pass through the intersection without stopping. Long traffic delays At level D, the influence of congestion becomes more noticeable. Longer delays may D > 35.0 and < 55.0 result from some combination of unfavorable progression, long cycle lengths, or high v/c ratios. Many vehicles stop and the proportion of vehicles not stopping declines. Individual cycle failures are noticeable. Very long traffic delays This level is considered by many agencies to be the limit of acceptable delay. These high E > 55.0 and < 80.0 delay values generally indicate poor progression, long cycle lengths and high v/c ratios. Individual cycle failures are frequent occurrences. Severe congestion This level, considered to be unacceptable to most drivers, often occurs with over saturation, that is, when arrival flow rates exceed the F > 80.0 capacity of the intersection. It may also occur at high v/c ratios below 1.0 with many individual cycle failures. Poor progression and long cycle lengths may also be major contributing factors to such delay levels. to Source: HigMvay CapacityManual 6, Chapter 19: Signalized Intersections. 75A-434 12.2 Existing Plus Project Traffic Conditions — Caltrans Methodology Table 12-2 summarizes the existing plus project peak hour HCM level of service results at the two (2) state-controlled study intersections within the study area The first column (1) of HCM/LOS values in Table 12-2 presents a summary of existing traffic conditions. The second column (2) presents existing plus project traffic conditions. The third column (3) indicates whether the traffic associated with the Project will have an impact based on the LOS standards defined in this report. The fourth column (4) presents the resultant level of service with the inclusion of recommended traffic improvements, where needed, to achieve an acceptable level of service. 12.2.1 Existing Traffic Conditions Review of column (1) of Table 12-2 indicates that all two (2) state-controlled study intersections currently operate an acceptable LOS C or better during the AM and PM peak hours. 12.2.2 Existing Pius Project Traffic Conditions Review of columns (2) and (3) of Table 12-2 indicates that traffic associated with the proposed Project will not significantly impact any of the two (2) state-controlled study intersections, when compared to the LOS standards and significant impact criteria specified in this report. Appendix E presents the Caltrans level of service calculation worksheets for the two (2) state- controlled study intersections. 75A-435 12.3 Year 2019 Traffic Conditions — Caltrans Methodology Table 12-3 summarizes the Year 2019 peak hour HCM level of service results at the two (2) state- controlled study intersections within the study area. The first column (1) of HCM/LOS values in Table 12-3 presents a summary of existing traffic conditions. The second column (2) presents Year 2019 cumulative traffic conditions based on existing intersection geometry, but without any project generated traffic. The third column (3) presents future forecast traffic conditions with the addition of Project traffic. Column four (4) indicates whether the traffic associated with the Project will have an impact based on the LOS standards defined in this report. The fifth column (5) presents the resultant level of service with the inclusion of recommended traffic improvements, where needed, to achieve an acceptable level of service. 12.3.1 Year 2019 Cumulative Traffic Conditions An analysis of future (Year 2019) cumulative traffic conditions indicates that with the addition of ambient traffic growth and related projects traffic, both state-controlled study intersections currently operate an acceptable LOS C or better during the AM and PM peak hours. 12.3.2 Year 2019 Cumulative Plus Project Traffic Conditions Review of columns (3) and (4) of Table 12-3 indicates that traffic associated with the proposed Project will not significantly impact any of the two (2) state-controlled study intersections, when compared to the LOS standards and significant impact criteria specified in this report. Appendix E presents the Caltrans level of service calculation worksheets for the two (2) state- controlled study intersections. 75A-436 \\)} / E{\ 2 2 2 2 § o 0 0 0 t) 4 ( \ e e e = } \ o 0 0 0 ) / E/\ \ 4 / \ e e e = \\ \\} \} ƒ w e ). 75A- 27 R 7 m p O i i i i rl py L U N a x „ H O e y e c O D U U U 7 O C M V F+ O rl = U 0 H M N N N V x y � e o O U O D U 7 C N V V .y u O t�, O O D U U U a L. L �Y H /ti U N N N N x 9 L 'O N N ti C ti O Y Y L x M v 75A-438 12.4 Recommended Improvements — Caltrans Methodology 12.4.1 Existing Plus Project Traffic Conditions The results of the Caltrans assessment presented previously in Table 12-2 shows that the proposed Project will not significantly impact either of the two (2) key study intersections under the "Existing Plus Project' traffic scenario. Given that there are no significant project impacts, no improvements are required under this traffic scenario. 12.4.2 Year 2019 Plus Project Traffic Conditions The results of the Caltrans assessment presented previously in Table 12-3 shows that the proposed Project will not significantly impact either of the two (2) key study intersections under the "Year 2019 Plus Project' traffic scenario. Given that there are no significant project impacts, no improvements are required under this traffic scenario. 75A-439 13.0 ROADWAY SEGMENT EVALUATION Per City of Santa Ana requirements, this section of the report analyzes the daily operating conditions of the key roadway segment within the vicinity of the proposed Project. One (1) key roadway segment within the City of Santa Ana has been selected for evaluation and is listed below: A. Tustin Avenue, between Fourth Street and First Street (Santa Ana) 13.1 Roadway Link Capacities Daily operating conditions for the one (1) key roadway segment (links) identified above have been investigated according to the daily volume -to -capacity (V/C) of each link. The daily V/C relationship is used to estimate the LOS of the roadway segment with the volume based on 24-hour traffic count data and the capacity based on the Orange County Master Plan of Arterial Highways (MPAH) street classifications. The daily and peak hour roadway link capacity of each street classification according to the Orange County MPAH is presented in Table 13-1, along with the six corresponding service levels and associated V/C ratios. 13.2 Roadway Link Level of Service Criteria According to the City of Santa Ana, LOS D is the minimum acceptable condition that should be maintained for roadway segments. However, the City of Santa Ana has defined exceptions to this criteria in major development areas where LOS E is considered acceptable. LOS "D" Requirements A. Tustin Avenue, between Fourth Street and First Street If the daily roadway V/C ratio results in unacceptable LOS conditions, a peak hour link analysis is conducted to determine if the roadway operates at a satisfactory service level during the peak hours. 75A-440 TABLE 13-1 ROADWAY LINK CAPACITIES" Level of Service Criteria With Associated Roadway Capacity Daily Values (VPD) Peak Hour Level of Service (LOS) Capacity Facility Number A B C D E F (VPH)12 Type of Lanes Principal 8-lanes divided 45,000 52,500 60,000 67,500 75,000 7,500 Major 6-lanes divided 33,900 39,400 45,000 50,600 56,300 5,630 Primary 4-lanes divided. 22,500 26,300 30,000 33,800 37,500 3,750 Divided Collector 2-lanes divided 9,000 12,000 15,000 20,000 22,000 2,200 Secondary 4-lanes undivided 15,000 17,500 20,000 22,500 25,000 2,500 Commuter 2-lanes undivided 7,500 8,800 10,000 11,300 12,500 1,250 V/CRatio <0.600 0.601-0.700 0.701-0.800 0.801-0.900 0.901-1.000 > 1.01 Notes: • VPD = veMcles per day • VPH = veMcles per hour 1. Source: Most cuff cut Orange County Master Plan of Arterial Highways. 12 Peak hour capacity based on 10% of the daily LOS "E capacity. 75A-441 13.3 Roadway Link Analysis Results 13.3.1 Existing Plus Project Analysis Table 13-2 summarizes the results of the Existing Plus Project daily analysis for the one (1) key roadway segment. The first column (1) shows the number of lanes, the second column (2) shows the arterial classification and the third column (3) shows the existing LOS "E" capacity. The fourth column (4) shows the daily volume, V/C ratio and resulting level of service for "Existing" traffic conditions. The fifth column (5) shows the daily volume, V/C ratio and resulting level of service for "Existing Plus Project" traffic conditions and indicates whether the traffic associated with the Project will have an impact based on the LOS standards defined in this report. Existing Traffic Conditions Review of column (4) of Table 13-2 indicates that the one (1) key roadway segment currently operates at LOS A. Existing Plus Project Traffic Conditions Review of column (5) of Table 13-2 indicates that the one (1) key roadway segment is forecast to continue to operate at an acceptable service level on a daily basis with the addition of Project generated traffic to existing traffic and will not have a significant impact. 75A-442 /{ » !§ E(( § « /) /\ \ § ` ;) E )$ } \� k\� ))j � ƒ « 75A- 42 13.3.2 Year 2019 Plus Project Analysis Table 13-3 summarizes the results of the Year 2019 Plus Project daily analysis for the one (1) key roadway segment. The first column (1) shows the number of lanes, the second column (2) shows the arterial classification and the third column (3) shows the existing LOS "E" capacity. The fourth column (4) shows the daily volume, V/C ratio and resulting level of service for "Year 2019 Cumulative" traffic conditions. The fifth column (5) shows the daily volume, V/C ratio and resulting level of service for "Year 2019 Cumulative Plus Project' traffic conditions and indicates whether the traffic associated with the Project will have an impact based on the LOS standards defined in this report. Year 2019 Cumulative Traffic Conditions An analysis of future (Year 2019) background traffic conditions indicates that the addition of ambient traffic growth and cumulative projects traffic will not adversely impact the one (1) key roadway segment. The one (1) key study roadway segment is forecast to continue to operate at acceptable LOS A on a daily basis with the addition of ambient traffic growth and cumulative projects traffic. Year 2019 Cumulative Plus Project Traffic Conditions Review of column (5) of Table 13-3 indicates that traffic associated with the proposed Project will not significantly impact the one (1) key roadway segment, when compared to the LOS standards specified in this report. The one (1) key roadway segment is forecast to continue to operate at an acceptable LOS with the addition of project generated traffic in the Year 2019. 75A-444 ƒ{ » fk \ =z m ) ` E } )$ \} k\� a)/ \\j � \ * 75A- 45 14.0 SUMMARY OF FINDINGS AND CONCLUSIONS • Project Description — The Project site is comprised of two parcels and is currently occupied by an existing gas station building and car wash at 325 N. Tustin Avenue and a sit-down restaurant at 301 N. Tustin Avenue. The site is generally located south of Fourth Street and east of Tustin Avenue. Both properties are located in the Professional (P) zoning district. 301 N. Tustin Avenue has a General Plan land use designation of Professional & Administrative Office (PAO) and 325 N. Tustin has the General Plan land use designation of General Commercial (GC). As proposed, the Project requires approval of a general plan amendment to change the land use designation from PAO to GC, zone change from P to Commercial General (C2). The Project will include the development of an express car wash and a gas station convenience store at 301 and 325 N. Tustin Avenue, respectively. The Project would include construction of a 118.5-foot express car wash tunnel to replace a 4,200 SF sit-down restaurant and a 12 pump gas service station with a 3,040 SF convenience store to replace the existing gas station building and car wash. Please note that the proposed Project will provide internal access between the two parcels. • Study Scope — The following four (4) key study intersections and one (1) key roadway segment were selected for detailed peak hour and daily V/C / level of service analyses under Existing Traffic Conditions, Existing Plus Project Traffic Conditions, Year 2019 Cumulative Traffic Conditions and Year 2019 Cumulative plus Project: Key Study Intersections 1. Tustin Avenue at Fourth Sheet (Santa Ana) 2. Tustin Avenue at First Sheet (Tustin) 3. SR-55 SB Ramps at Fourth Street (Santa Ana/Caltrans) 4. Sr-55 NB Ramps at Fourth Street/Irvine Boulevard (Tustin/Calhans) Key roadway segment A. Tustin Avenue, between Fourth Street and First Street (Santa Ana) • Existing Traffic Conditions — Three (3) of the four (4) key study intersections currently operate at an acceptable level of service during the AM and PM peak hours for the Existing traffic conditions. The exception is SR-55 SB Ramps at Fourth Street, which currently operates at unacceptable LOS E during the AM peak hour. • Project Trip Generation — With the application of existing trip credits, the proposed Project is forecast to generate a new of 978 daily trips, a net of 50 (27 inbound, 23 outbound) AM peak hour trips, and a net of 86 (39 inbound, 47 outbound) PM peak hour trips. • Cumulative Projects Traffic Characteristics — Twenty-four (24) cumulative projects were considered as part of the cumulative background setting. The twenty-four (24) cumulative projects are forecast to generate 30,720 daily trips, with 2,501 trips (1,176 inbound, 1,325 75A-446 outbound) anticipated during the AM peak hour and 2,962 trips (1,506 inbound, 1,456 outbound) produced during the PM peak hour. • Existing Plus Project Traffic Conditions — The proposed Proj ect will not significantly any of the four (4) key study intersections, when compared to the LOS standards and significant impact criteria specified in this report. Although the intersection of SR-55 SB Ramps at Fourth Street is forecast to operate at LOS E during the AM peak hour with the addition of Project traffic, the proposed Project is expected to add less than 0.010 to the ICU value. The remaining three (3) intersections are forecast to continue to operate at an acceptable LOS with the addition of project generated traffic under the Existing Plus Project traffic conditions. • Year 2019 Cumulative Traffic Conditions Plus Project —Traffic associated with the proposed Project will not significantly impact any of the four (4) key study intersections, when compared to the LOS standards and significant impact criteria specified in this report. SR-55 SB Ramps at Fourth Street is forecast to operate at LOS E during the AM peak hour with the addition of Project traffic, the proposed Project is expected to add less than 0.010 to the ICU value. The remaining three (3) key study intersections are forecast to continue to operate at an acceptable LOS with the addition of project generated traffic in the Year 2019. • Site Access Assessment —The three (3) proposed Project driveways under near -term (Year 2019) traffic conditions at completion and full occupancy of the proposed Project. As shown, these key study intersections are forecast to operate at LOS C or better during the AM peak hour and PM peak hour. • Internal Circulation Evaluation — The on -site circulation was evaluated in terms of vehicle - pedestrian conflicts. Based on our review of the preliminary site plan, the overall layout does not create any unsafe vehicle -pedestrian conflict points and the driveway throating is sufficient such that access to parking spaces is not impacted by internal vehicle queuing/stacking. Curb return radii have been confirmed and are adequate for service/delivery trucks and trash trucks. The on - site circulation is very good based on our review of the proposed site plan, whereas the alignment, spacing, and throating of the Project driveways is adequate. The circulation around the buildings is adequate with sufficient sight distance along the drive aisles. • CMP Compliance Assessment —The proposed Project is expected to generate a net of 878 daily trips, and thus does not meet the criteria required for a CMP traffic analysis. Therefore, it is concluded that the proposed Project will not have any significant traffic impacts on the Congestion Management Program Highway System. • State of California (Caltrans) Analysis for Existing Plus Project Traffic Conditions— Based on the evaluation using Caltrans criteria, the proposed Project will not significantly impact either of the two (2) state-controlled study intersections. Both intersections are forecast to continue to operate at acceptable LOS C with the addition of project generated traffic under the Existing Plus Project traffic conditions. 75A-447 State of California (Caltrans) Analysis for Year 2019 Plus Project Traffic Conditions— Based on the evaluation using Caltrans criteria, the proposed Project will not significantly impact either of the two (2) state-controlled study intersections. Both intersections are forecast to continue to operate at acceptable LOS C with the addition of project generated traffic under the Year 2019 Plus Project traffic conditions. • Existing Roadway Segment Evaluation — The one (1) key roadway segment currently operates at LOS A under Existing traffic conditions. • Existing Plus Project Roadway Segment Evaluation — The one (1) key roadway segment is forecast to continue to operate at an acceptable service level on a daily basis with the addition of Project generated traffic to existing traffic and will not have a significant impact. • Year 2019 Cumulative Plus Project Roadway Segment Evaluation —The proposed Project will not significantly impact the one (1) key roadway segment, when compared to the LOS standards specified in this report. The one (1) key roadway segment is forecast to continue to operate at an acceptable LOS with the addition of project generated traffic in the Year 2019. 75A-448 This page left blank intentionally. 75A-449 75A-450