REQUEST FOR PLANNING COMMISSION ACTION IV.B. MATT’S...

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REQUEST FOR PLANNING COMMISSION ACTION IV.B. MATT’S EXPRESS CAR WASH, LLC, APPLICANT (PROJECT PLANNER: SEAN P. KELLEHER) 1. Consideration of a Mitigated Negative Declaration. 2. PUBLIC HEARING to consider a Socio-Economic Cost/Benefit Study determination. 3. PUBLIC HEARING to consider Variance No. 772 to allow a maximum twenty-four foot (24’) reduction in the required twenty-five (25) foot landscape setback requirement along freeway right-of way pursuant to Section EV4.0140 (b)(1) of the East Valley Corridor Specific Plan for the construction of an automated, drive-through car wash facility located at the southwest corner of Lugonia Avenue and Tennessee Street in the EV/CG (General Commercial) District of the East Valley Corridor Specific Plan. 4. Consideration of Commission Review and Approval No. 883 to develop a 4,924 square foot building for an automated, drive-through car wash with a 2,850 square and two (2) 600 square foot canopies, a 418 square foot trellis, and other related improvements on approximately 1.06 acres, located at the southwest corner of Lugonia Avenue and Tennessee Street in the EV/CG (General Commercial) District of the East Valley Corridor Specific Plan. PLANNING COMMISSION MEETING DATE: July 8, 2014 SYNOPSIS 1. General Plan Designation: The General Plan land use designation is Commercial. 2. Existing Zoning: The project site is located within the EV/CG (General Commercial) District of the East Valley Corridor Specific Plan. 3. Surrounding Zoning: The property is surrounded by the following zoning designations: (EV/CG) East Valley Corridor Specific Plan General Commercial district to the south, east and west, and (EV/SD) East Valley Corridor Specific Plan Special Development district to the north.

Transcript of REQUEST FOR PLANNING COMMISSION ACTION IV.B. MATT’S...

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REQUEST FOR PLANNING COMMISSION ACTION IV.B. MATT’S EXPRESS CAR WASH, LLC, APPLICANT

(PROJECT PLANNER: SEAN P. KELLEHER) 1. Consideration of a Mitigated Negative Declaration. 2. PUBLIC HEARING to consider a Socio-Economic Cost/Benefit Study

determination. 3. PUBLIC HEARING to consider Variance No. 772 to allow a maximum

twenty-four foot (24’) reduction in the required twenty-five (25) foot landscape setback requirement along freeway right-of way pursuant to Section EV4.0140 (b)(1) of the East Valley Corridor Specific Plan for the construction of an automated, drive-through car wash facility located at the southwest corner of Lugonia Avenue and Tennessee Street in the EV/CG (General Commercial) District of the East Valley Corridor Specific Plan.

4. Consideration of Commission Review and Approval No. 883 to develop

a 4,924 square foot building for an automated, drive-through car wash with a 2,850 square and two (2) 600 square foot canopies, a 418 square foot trellis, and other related improvements on approximately 1.06 acres, located at the southwest corner of Lugonia Avenue and Tennessee Street in the EV/CG (General Commercial) District of the East Valley Corridor Specific Plan.

PLANNING COMMISSION MEETING DATE: July 8, 2014 SYNOPSIS 1. General Plan Designation: The General Plan land use designation is

Commercial.

2. Existing Zoning: The project site is located within the EV/CG (General Commercial) District of the East Valley Corridor Specific Plan.

3. Surrounding Zoning: The property is surrounded by the following zoning designations: (EV/CG) East Valley Corridor Specific Plan General Commercial district to the south, east and west, and (EV/SD) East Valley Corridor Specific Plan Special Development district to the north.

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4. Existing Land Use: The project site is currently vacant.

5. Surrounding Land Use: Surrounding land uses include commercial development, California Department of Transportation right-of way (Interstate 10 and California State Route 210), and vacant land.

6. Area/Topography: The site consists of a 1.06-acre parcel, with generally flat terrain.

7. Environmental Assessment: The Environmental Review Committee considered this project at the meeting of June 2, 2014 and is recommending a Mitigated Negative Declaration.

8. Socio-Economic/Cost Benefit Study:

The Environmental Review Committee reviewed the Socio Economic Cost/Benefit Study on June 2, 2014 and determined that the project would not create physical blight or overburden public services in the community.

9. Planning Commission Submittal Dates:

(A) Date Submitted: February 19, 2014 (B) Date Accepted As Complete: June 2, 2014 (C) Environmental Review Committee June 2, 2014 (D) Planning Commission Meeting: July 8, 2014 (E) CEQA Timeline: November 29, 2014

10. Attachments: (A) Conditions of Approval

(B) Mitigated Negative Declaration (C) Socio-Economic Cost/Benefit Study

PROPOSAL The applicant proposes the development of a 4,924 square foot building for an automated, drive-through car wash with a 2,850 square foot canopy for vacuums and two (2) 600 square foot canopies for a pay kiosk on approximately 1.06 acres. The applicant is also requesting a variance to reduce the twenty five foot (25’) landscape

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setback area adjacent to freeway right-of-way required by the East Valley Corridor Specific Plan to a minimum of one foot (1’). The project site is comprised of a single parcel of land located at the southwest corner of Lugonia Avenue and Tennessee Street in the EV/CG (General Commercial) District of the East Valley Corridor Specific Plan (EVCSP). The parcels to the north and northeast are currently vacant. The parcels to the east are developed with a commercial development including a home improvement center. The parcels to the southeast, south, southwest, west, and northwest are owned by the California Department of Transportation and are part of Interstate 10 and California State Route 210. The proposed improvements will occupy approximately 19.3% of the site. A 418 square foot trellis will be located over the carwash exit. Additionally, trellises have been proposed over the trash enclosure and the enclosure for the vacuum equipment. Four (4) parking stalls and twelve (12) vacuum stations are located between the car wash building and Tennessee Street. Two driveways provide ingress and egress from Tennessee Street; one (1) full vehicle movements driveway is located at the southernmost portion of the site and one (1) right-out movement driveway is located near the intersection. Overall, 11,356 square feet (24.5%) of the project site is landscaped. Landscaping is located primarily along the street frontages. Additional landscaping is found around the perimeter of the project. BACKGROUND The Planning Commission previously reviewed and approved a development for the subject property on September 14, 2004, which subsequently expired. The previous development included the construction of a one-story, 8,048 square foot commercial strip center. The entitlements included a variance to reduce the twenty five foot (25’) landscape setback area adjacent to freeway right-of-way required by the East Valley Corridor Specific Plan to seventeen feet (17’). ENVIRONMENTAL REVIEW The Environmental Review Committee (ERC) reviewed the Environmental Initial Study on June 2, 2014 and is recommending that the Planning Commission adopt a Mitigated Negative Declaration with seventeen (17) Mitigation Measures. The Mitigation Measures are applied to various environmental factors to mitigate potential impacts to a less than significant level. The Mitigation Measures address potential impacts to the

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following environmental factors: Aesthetics, Air Quality, Geology and Soils, Hydrology and Water Quality, Noise, Public Services and Transportation / Traffic. A copy of the Environmental Initial Study Checklist / Mitigated Negative Declaration is provided for the Planning Commission’s review. The project site is located in the EV/CG (General Commercial) of the EVCSP. The EVCSP was adopted in 1989 as the land use and planning document for approximately 4,300 acres located in the southeastern portion of the San Bernardino Valley adjacent to the Interstate 10 and 210 Freeways within the City of Redlands, City of Loma Linda, and unincorporated portion within the County of San Bernardino. A Program Environmental Impact Report (EIR) was prepared and adopted concurrently with the EVCSP by the County of San Bernardino which was the lead Agency for the EVCSP. The Cities of Redlands and Loma Linda subsequently adopted the EVCSP. The environmental analysis of the proposed project utilizes a multi-level approach pursuant to the CEQA Guidelines. Specifically, the initial study prepared for the project utilizes the Program EIR of the EVSCP as a base environmental document and tiers off of this analysis. CEQA encourages agencies to tier the environmental analysis wherever possible and tiering is appropriate when the sequence of the analysis is from a Program EIR, such as the EVCSP EIR, to a negative declaration for another project of a lesser scope, such as this project. As indicated previously, the Initial Study Checklist / Mitigated Negative Declaration (IS / MND) was prepared to analyze “project specific” impacts generated by the development. Traffic An analysis of potential project-related traffic and transportation impacts was prepared by Kunzman Associates, Inc. The Traffic Analysis identified several mitigation measures due to traffic related impacts associated with the development of the site. These improvements included the need for street improvements at the intersection of Lugonia Avenue and Tennessee Street consisting of stripping for an additional northbound left turn pocket and installing a northbound right turn overlap. Additionally, the study identified the need for “Keep Clear” to be painted at the on Tennessee Street and the project’s southern access to prevent vehicles from blocking the roadway preventing vehicles desiring to enter and exit the project site and the driveway of the site directly to the east from doing so. The applicant is also required to install do not enter and right turn only signs at the northerly driveway access onto Tennessee Street.

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GENERAL PLAN Socio-Economic Cost/Benefit Study The General Plan requires that a Socio-Economic Cost/Benefit Study be completed for the project. The Socio-Economic Cost/Benefit Study was reviewed by the Environmental Review Committee on June 2, 2014. According to the model, the project will result in annual non-residential revenue of $15,608.90, with an annual cost to the City of $8,376.00. Annual revenue generated by the project is anticipated to be approximately $7,232.90 that will result in a positive revenue/cost ratio of 1.86; which means that for every dollar the City spends in providing services it will receive $1.86 in revenue from the project. The Environmental Review Committee found that the project would not create unmitigable physical blight or overburden public services and recommends approval of the Socio-Economic Cost/Benefit Study. The complete Socio-Economic Cost/Benefit Study is found on the attached CD. General Plan and East Valley Corridor Specific The project is located in the EVCSP and has a Commercial General Plan Land Use Designation. Section 4.60 of the General Plan states that future commercial growth will occur within the East Valley Corridor, downtown, and commercial strips. Permitted uses within the commercial land use designation include retail stores, hotels, motels, automobile sales and services, offices, and entertainment and cultural facilities. As this is an automobile service use it is consistent with the general plan land use designation. The adjacent parcels are zoned for similar commercial uses. All of the developed parcels are developed with similar commercial uses. Therefore, the project is consistent with surrounding development. In addition, the project will meet or exceed all development standards of the General Commercial district of the EVCSP with regard to landscaping and parking; except as discussed in the Variance section of this report. Section 4.62 of the General Plan identifies the East Valley Corridor as the best, and perhaps only location capable of attracting office, high-tech, and distribution jobs to the eastern portion of the San Bernardino Valley. It is estimated that this area is to be developed with commercial and industrial establishments totaling 37 million square feet of floor area, providing up to 90,000 jobs, transforming Redlands from a labor exporting to a labor importing community. The proposed car wash use will provide an additional service to the area that can be utilized by the surrounding businesses and community. The proposed use is permitted within the EV/CG (General Commercial) District of the EVCSP. Furthermore, Sections 4.62 of the General Plan contains a number of policies that would be supported with the development of the site with the proposed use

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including the following: 4.62 ee Encourage effective use of landscaping within the East Valley Corridor.

The project effectively uses landscaping to screen and enhance the appearance of the project site. The project will provide landscape setbacks having an average depth of over fifteen feet (15’) across the Lugonia Avenue frontage, an average depth of over seven feet (7’) along Tennessee Street frontage to which will provide an attractive setting adjacent to the streets.

4.62 ff Ensure compatibility between adjacent land use types within the Corridor

area.

The proposed car wash use is permitted within the EV/CG (General Commercial Designation of the EVCSP. The property is located in an area of the City containing a number of existing commercial buildings, which also have an EV/CG zoning designation. The car wash use provides and additional service to the general area that is not currently found on the adjacent parcels of land. As such, the project is compatible with development found in this immediate area of the East Valley Corridor.

ANALYSIS Site Layout The EV/CG District of the EVCSP establishes a number of development standards that are applicable to the project. These standards pertain to lot area, dimensions, parking and building setbacks, building height and floor area ratio. The following table describes how the project relates to each of these specific development standards:

Development Standard Limits/Requirement Proposed

Building Height No max. 42 feet

Front Setback (Lugonia Avenue) 25 feet min. 60 feet

Front Setback (Tennessee Street) 25 feet min. 34 feet

Rear Setback 0 feet 110 feet

Side Yard (Landscape Freeway) Setback 25 feet 1 foot

With the exception of the landscaped freeway setback, the project meets or exceeds the development standards listed in table above. A variance is requested for the side yard (freeway) setback and is discussed in the Variance section of this report.

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The EVCSP also includes other provisions for the screening of roof-mounted mechanical equipment and exterior lighting. Staff has conditioned the project accordingly. Parking and Circulation The EV/CG District of the EVCSP establishes parking standards for automated car wash uses at one (1) space per employee on the largest shift. The largest shift for this site will be four (4) employees; therefore, the applicant has provided four (4) parking stalls near the north east corner of the site. The EVCSP requires ninety degree (90°) parking spaces to have a width of nine (9) feet and a depth of nineteen (19) feet with a twenty-six (26) foot back-out and two-way drive aisle. Stall depths may be reduced by one (1) foot to eighteen (18) feet where the parking space is adjacent to a six (6) foot or wider sidewalk or adjacent to a planter with an interior diameter of five (5) feet or more. The project as designed complies with the City of Redlands parking standards. The site plan has been designed to include twelve (12) vacuum stations along easterly side of the building for customers. Additionally, the proposed drive through lane for the automated car wash has been designed to accommodate stacking for up to twenty-one (21) vehicles at any time. The City does not have development standards for the size or number of vacuum station or the amount of space for cueing for an automated car wash. Ingress and egress is provided to the project from Tennessee Street via two (2) driveways. The southerly driveway will provide full vehicle movements and is thirty foot (30’) wide; the minimum width of the entrance is twenty-six feet (26’). The northerly driveway will provide for only a right-out turning movement and is sixteen feet (16’) wide; the minimum aisle width is thirteen feet (13’) as identified on the Preliminary Grading Plan. At this time the Preliminary Grading Plan shows that the northerly driveway as a right-out only. At this time the Site Plan and Landscape Plan are inconsistent with the Preliminary Grading Plan and need to be revised prior to submittal for plan check. Therefore, a condition of approval has been added to require this revision to the Site Plan and Landscape Plan. The applicant will be required to install off-site improvements including curb, gutter, and sidewalk along the projects frontages on Lugonia Avenue and Tennessee Street. The applicant will also pay their fair share of improvements to the intersection of Tennessee Street and Lugonia consisting of stripping for an additional northbound left turn pocket and installing a northbound right turn overlap as approved by the City Engineer. The applicant is required to also paint “Keep Clear” at the intersection of Tennessee Street

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and project southerly access point. The projects southerly access point has been designed to align with the southerly access point of the commercial center on the east side of Tennessee Street. Installing do not enter and right turn only signs at the northerly driveway access onto Tennessee Street is also required. Landscaping The project is also subject to the minimum landscape requirements established under the EVCSP. For the overall site, commercial uses must contain a minimum of twenty percent (20%) landscaping; the project will provide twenty four and a half percent (24.5%) of the overall site. The EVCSP requires placement of one (1) tree per three (3) parking spaces, and one (1) tree at the end of each row of parking. Additionally, 50% of all parking area trees must be evergreen and tree ratios must include no more than 50% 15-gallon trees, and a minimum of 25% 24-inch box trees and 25% 36-inch box trees. One (1) tree per twenty (20) linear feet of street frontage along Tennessee Street, one (1) tree per thirty (30) linear feet of street frontage along Lugonia Avenue is also required. The project will include a total of forty seven (47) trees. The landscape plan as designed is deficient six trees along the project Lugonia Avenue and Tennessee Street frontages. Lugonia Avenue requires the planting of Carrotwood and Liquidambar trees. Since the writing of the EVCSP, Liquidambars have been removed from the City’s street tree list; therefore, the applicant will be required to find an alternative tree of similar form and color to the Liquidambar. At this time the applicant has proposed the use of Arapaho Crape Myrtles; however, this is not an appropriate alternative as they have been determined to be an accent tree rather than a street tree. In place of the Crape Myrtles proposed by the applicant staff has recommended to the use of Eastern Redbud’s. Conditions of approval have been added to require the projects compliance with the standards of the EVCSP. In terms of compliance with tree size ratio requirements, a total of twenty five (25) 15-gallon trees, eleven (11) 24-inch box trees, and eleven (11) 36-inch box trees are provided. The ratio of tree sizes proposed is not in compliance with the standards of the East Valley Corridor Specific Plan and a condition of approval has been added to this project to insure compliance with the standards of the EVCSP. A breakdown of proposed size ratios per species is provided in the following table to assess the type and size of the on-site trees.

Species 15-gallon 24-inch 36- inch Total

Forest Pansy Redbud 0 6 0 6

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Carrotwood 0 0 2 2

Dwarf Navel 4 1 0 5

Australian Willow 0 4 0 4

Arapaho Crape Myrtle 9 0 0 9

Swan Hill Fruitless Olive 0 0 4 4

Long-Leafed Yellowwood 12 0 0 12

Queen Palm ( 12’ BTH) 0 0 5 5

Totals 25 11 11 47

The submitted landscape plan includes eight (8) different species of trees to be used for the project. The applicant is proposing Carrotwood, Swan Hill Fruitless Olive, Arapaho Crape Myrtle and Dwarf Naval trees along Lugonia Avenue and Forest Pansy Redbud, Australian Willow, Queen Palm, and Dwarf Naval trees along Park Avenue. Swan Hill Fruitless Olive, Arapaho Crape Myrtle, Long-Leafed Yellowwood, Queen Palm, and Dwarf Navel are also found in various areas of the site. The Carrotwood, Australian Willow, Queen Palm, and Long-Leafed Yellowwood are found on the City list of recommended trees. The Forest Pansy Redbud, Swan Hill Fruitless Olive, Arapaho Crape Myrtle, and Dwarf Naval are not found on the city’s recommended tree list; however, the Planning Commission may consider any tree’s proposed by an Applicant outside of that list for use on-site. As proposed, sixty-five percent (67%) of the trees on-site will evergreen; therefore, the 50% evergreen tree requirement will be met. The Landscape Plan as proposed provides for nineteen (19) trees along the western property line. However, these trees are proposed within an existing sewer easement that crosses the property. The installation of these trees will not be permitted due to their potential to damage the sewer line within the easement. Therefore only shrubs and ground cover will be permitted within the sewer easement. A condition of approval has been added to the project to this effect. The applicant has proposed the use of synthetic turf on-site at the intersection of Lugonia Avenue and Tennessee Street. The Planning Commission has previously determined with other development projects that the use of synthetic turf is not desirable as part of a commercial project and should be substituted for drought tolerant plants. A condition of approval has been added to the project requiring the replacement of the synthetic turf for ground cover consistent with the planting palette. Architecture The applicant has proposed a contemporary designed building with variable parapet heights ranging from 16 feet 1 inch tall to 23 feet 2 inches tall. There is also a 42 foot tall tower with a hipped roof. The tower’s roof will be comprised of mission clay tiles

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with decorative wood corbels. The exterior of the building will be painted in white and brown / beige tones with the window frames being an anodized medium bronze. The Building will also have decorative ledge stone and porcelain tiles on the exterior of the building. A condition has been added requiring the applicant to utilize the ledge stone in place of the porcelain tile to maintain a uniform look along the building frontages. The building is oriented in a north / south direction with large glass widows oriented towards Tennessee Street. The 2,850 square foot vacuum canopy will be located between the building and Tennessee Street and will stand thirteen feet (13’) tall. The canopy structure is comprised of prefabricated anodized bronze poles from which a sandstone colored canvas will be strung. The canopies over the pay kiosk, located between the building and the west property line, will be made of the same materials. A trellis is located to the south of the building over the drive through lane for the carwash. Grading The applicant has submitted a preliminary grading plan which identifies the northerly driveway as the high spot and northwest corner of the site as the low spot. There is approximately four feet (4’) of fall between these points as proposed. With the development of the site the overall fall will not be modified from current conditions. The Applicant anticipates approximately eight hundred yards of dirt to be moved on site and as designed will balance. The primary reasons for movement of dirt include installation of the water quality management infiltration basins and establish final height of the parking areas and building pads. The pad for the proposed carwash building has been designed to sit about two feet (2’) above Lugonia Avenue and one foot (1’) below Tennessee Street. VARIANCE A Variance is required to reduce the twenty-five foot (25’) landscaped setback alongside freeways. The project proposes a minimum of a one foot (1’) landscape setback; however, the average landscape setback will be five feet (5’). Given the project’s ability to meet or exceed all other City standards, the irregular shape of the site, and numerous precedents for Variances to the twenty-five foot (25’) freeway setback standard in other locations, especially where the freeway is at a higher elevation, staff recommends approval of the Variance. The following are the required findings for a Variance and staff’s comments: 1. That there are exceptional or extraordinary circumstances or conditions

applicable to the property or to the intended use that do not apply generally to other properties or uses in the same vicinity and zone;

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Staff’s Comments: The project site has an irregular shape and configuration. Additionally, the site is set approximately twenty feet (20’) lower than the existing freeway and therefore the area of landscaping will not be visible from the south or west and the proposed blocks visibility of a large portion of the area from the north and east. Furthermore, the twenty five foot (25’) wide landscape area is crossed by a sewer easement which precludes the developer from installing any trees within the easement portion of the setback.

2. That such variance is necessary for the preservation and enjoyment of a

substantial property right possessed by other properties in the same vicinity and zone district, but which is denied to the property in question;

Staff’s Comments: A number of properties in the City have previously been able to develop within the twenty-five foot (25’) landscaped setback area adjacent to the freeway. Also, an entitlement on the subject property was previously approved with a variance same substandard setback.

3. That the granting of such variance will not be detrimental to the public welfare or

injurious to the property or improvements of others in the vicinity;

Staff’s Comments: The reduced setback would not affect existing neighboring development as the project site is a virtual “island” being bounded by Lugonia Avenue, Tennessee Street and California Department of Transportation Right-of-way on all sides and is isolated from other properties in the vicinity.

4. That the granting of such variance will not adversely affect the general plan of the

city of Redlands.

Staff’s Comments: The project is consistent with the General Plan Land Use designation of Commercial. The proposed car wash use is an automotive service use which is identified in the City’s General Plan as an appropriate commercial use. The setback standard from the freeway is established by the EVCSP and is not referenced as a requirement within the City of Redlands General Plan.

RECOMMENDATION Based on the above analysis, staff recommends that the Planning Commission approve the Mitigated Negative Declaration, Socio-Economic Cost/Benefit Study, and Commission Review and Approval No. 883 and Variance No. 772, based on the following findings and subject to the attached conditions of approval.

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If the Planning Commission deems staff’s recommendation appropriate, the following motions are suggested: MOTIONS Environmental Determination: “I move that the Planning Commission adopt the Mitigated Negative Declaration for Commission Review and Approval No. 883 and Variance No. 772 and direct staff to file and post a "Notice of Determination" in accordance with City guidelines.” Socio-Economic Cost/Benefit Study "I move that the Planning Commission approve to the Socio-Economic Cost Benefit Study for Commission Review and Approval No. 883 and Variance No. 772.”

Motion for the Variance

I move that the Planning Commission approve Variance No. 772 based on the following

findings and subject to the attached conditions of approval:

1. The project site has an irregular shape and configuration. Additionally, the

site is set approximately twenty feet (20’) lower than the existing freeway and therefore the area of landscaping will not be visible from the south or west and the proposed blocks visibility of a large portion of the area from the north and east. Furthermore, the twenty five foot (25’) wide landscape area is crossed by a sewer easement which precludes the developer from installing any trees within the easement portion of the setback.

2. A number of properties in the City have previously been able to develop

within the twenty-five foot (25’) landscaped setback area adjacent to the freeway. Also, an entitlement on the subject property was previously approved with a variance same substandard setback.

3. The reduced setback would not affect existing neighboring development

as the project site is a virtual “island” being bounded by Lugonia Avenue, Tennessee Street and California Department of Transportation Right-of-way on all sides and is isolated from other properties in the vicinity.

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4. The project is consistent with the General Plan Land Use designation of Commercial. The proposed car wash use is an automotive service use which is identified in the City’s General Plan as an appropriate commercial use. The setback standard from the freeway is established by the EVCSP and is not referenced as a requirement within the City of Redlands General Plan.

Motion for the Commission Review and Approval

I move that the Planning Commission approve Commission Review and Approval No.

883 based on the following findings and subject to the attached conditions of approval:

1. The site for the proposed use is adequate in size and shape to accommodate the proposed use of the site. The approval of a variance application is required for the side yard freeway landscape setback. The Project site has been designed to meet all other development standards and as conditioned herein, the project meets all other development standards established by the EV/CG District of the EVCSP.

2. The site has been designed to carry the type and quantity of traffic

generated by the proposed use. The site has street frontage along Lugonia Avenue and Tennessee Street which are both considered major arterials, driveways are only being provided on Tennessee Street. Each of the streets is constructed to their ultimate widths and are designed to accommodate the additional traffic to be generated by the proposed project. Based on a traffic study prepared for the project and the implementation of the recommended mitigation measure, all surrounding intersection will remain at or above acceptable levels of service.

3. The conditions set forth are deemed necessary to protect the public

health, safety and general welfare. The Project has been conditioned to comply with the Mitigation Monitoring Program associated with the Mitigated Negative Declaration adopted for the subject project and comply with the provisions of the EVCSP and the Redlands Municipal Code. The City has water, sewer and trash services will be provided by the City of Redlands and there is appropriate capacity to accommodate the use. The project has been conditions to provide various street improvements to insure that streets levels of services are not reduced with the development of this project.

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DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION

CONDITIONS OF APPROVAL FOR

COMMISSION REVIEW AND APPROVAL NO. 883

VARIANCE NO. 772 Date of Preparation: June 24, 2014 Planning Commission Date: July 8, 2014 Applicant: Matt’s Express Car Wash, LLC Location: The south west corner of Lugonia Avenue and

Tennessee Street

CONDITIONS OF APPROVAL 1. The issuance of any permits shall comply with all provisions of the Redlands

Municipal Code and the East Valley Corridor Specific Plan. 2. Unless construction has commenced pursuant to a building permit, or a time

extension is granted in accordance with Code, this approval shall expire two (2) years from the date of Planning Commission approval.

3. This approval is for the development of a 4,924 square foot building for an

automated, drive-through car wash with a 2,850 square foot canopy for vacuums and two (2) 600 square foot canopies for a pay kiosk on approximately 1.06 acres and a variance to reduce the twenty five foot (25’) landscape setback area adjacent to freeway right-of-way required by the East Valley Corridor Specific Plan to a minimum of one foot (1’) located at the southwest corner of Lugonia Avenue and Tennessee Street in the EV/CG (General Commercial) District of the East Valley Corridor Specific Plan.

4. All plans submitted to the City shall reflect the Planning Commission approval

and any other changes required by the Commission and/or staff. This condition applies to the site plan, landscape plans, building elevations and materials, grading, and all other illustrations, text, or plans submitted to the City in connection with this project. Minor modifications may be approved by the Development Service Director.

5. No Certificate of Occupancy shall be granted until all conditions of approval have

been satisfied.

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6. The applicant shall not make any modifications or changes during construction

that are in conflict or contrary to the project’s approved site design, grading plan, landscape plan, or building elevations without first consulting with the Development Services Director or his designee.

7. The project site shall be kept in a weed and dust free condition throughout all

periods of development. 8. All on-site utilities shall be placed underground except power poles for lines over

66 KV. Plans shall be submitted that detail the undergrounding of all on-site utilities, subject to review and approval by the Development Services Director, prior to issuance of building permits.

9. Prior to the issuance of building permits, the applicant shall submit plans detailing

that roof screening is of adequate height to screen any roof-top equipment from public view on all sides, subject to review and approval by the Development Services Director. Screening of air conditioning units and other equipment on the buildings shall be incorporated into or compatible with the architectural design of the buildings. All equipment shall be screened from public view of adjacent roadways.

10. Ground mounted equipment shall be screened from public view on all sides

subject to review and approval by the Development Services Director, prior to issuance of building permits.

11. All fire sprinkler risers shall be located inside the building. Any exterior fire

and/or mechanical equipment shall be appropriately screened, except for equipment designated by the Fire Chief as being exempt from this requirement.

12. All roof drain down spouts shall be placed within the interior of the building walls

and shall not be visible from the exterior of the building. 13. All freestanding walls shall incorporate design features, such as tree planter

wells, variable setbacks, columns, split face block, decorative cap, or other such features to provide visual relief along the wall surface.

14. Transformer cabinets and commercial gas meters shall not be located within

required setbacks and shall be screened from public view either by architectural treatment or with landscaping. Multiple electrical meters and panels shall be fully enclosed and incorporated into the overall architectural design of the building(s).

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Backflow preventers shall be enclosed with landscaping that will provide complete screening upon maturity. The location and method of enclosure or screening of this equipment shall be shown on the construction plans and landscape plans prior to building permit issuance. Location of said equipment shall be coordinated with appropriate utility company (i.e., Southern California Gas Company or Southern California Edison Company). The applicant shall submit plans showing details of screening subject to review and approval by the Development Services Director, prior to issuance of building permits.

15. The applicant shall prepare plans that include a trash enclosure and/or trash

compactor(s) as specified by the Quality of Life Department. Trash enclosure design and location shall be subject to review and approval by the Municipal Utilities & Engineering Director and Development Services Director prior to issuance of building permits. Trash storage areas shall be completely enclosed with solid masonry walls that have a decorative block and cap and solid metal gate. The exterior design and finish of the trash enclosure shall be designed to match or be compatible with the structures on site.

16. The Final Landscape Plans shall incorporate the following:

a. The landscape plan shall comply with all requirements for landscaping in parking lots pursuant to EV4.0225 of the East Valley Corridor Specific Plan or other Specific Plan.

b. The landscape plans shall be detailed and show the specific distribution,

size, and amount of each species of trees, shrubs, and groundcover; c. Provide a 50-50 mix of evergreen and deciduous trees within the parking

areas and periphery planters; d. The Landscape Plan shall show concrete mow strips to separate turf from

other ground surfaces; e. The landscape plans shall identify measures such as root barriers and

deep watering to be utilized to minimize heaving of parking lot pavement by tree roots;

f. An automatic irrigation system shall be utilized to irrigate the site’s

approved landscape design. 17. The Landscape and Irrigation Plans shall be approved by the following City

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departments, prior to the issuance of building permits:

Submit Landscape and Irrigation Plans with each copy of the construction plans for plan check to the Development Services Department, Building & Safety Division, for distribution to other departments and for review and approval by the Development Services Director.

The Landscape and Irrigation Plans shall be subject to review and approval by the Municipal Utilities & Engineering Director and the Development Services Director for compliance with the Water Efficient Landscape Ordinance No. 2724 (Also known as Chapter 15.54 of the RMC).

18. The landscape architect responsible for the design of the project’s landscape

plan shall review and certify, prior to a request by the applicant for a final occupancy inspection, that the installed landscaping meets the specifications of the approved landscape plan, except as modified in the conditions of approval, and shall insure its compliance with the City’s Water Efficient Landscape Ordinance.

19. The evergreen trees, as identified on the landscape plan, are to be maintained and the trimming or maintenance of them shall serve the purpose to bring them into a full canopy-type configuration which is the intent of this approval.

20. All lighting within the parking lot areas shall be a shoe box-type design that directs the light beam downward and not outward. In addition, any lighting attached to the building shall be shielded to prevent light and glare from projecting horizontally or outward. Parking lot light fixtures shall not exceed the overall height as permitted by the Redlands Municipal Code or applicable Specific Plan.

21. The illumination along all property lines of the project site shall not exceed 0.5 foot candle.

22. Noise producing equipment shall be acoustically insulated to insure compliance with the City of Redlands noise ordinance and to prevent impacts on adjacent properties owners. The location of such equipment shall be shown on the site plan and shall be subject to review and approval by the Development Services Director, prior to issuance of building permits. The plans shall also detail any noise reduction measures taken.

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23. Prior to issuance of grading permits, the construction contractor shall provide evidence showing that the following measures shall be implemented to reduce air pollutants generated by equipment exhaust and fugitive dust during project construction:

The construction contractor shall select the construction equipment used on site based on low emission factors and high energy efficiency. The construction contractor shall ensure that construction grading plans include a statement that all construction equipment will be tuned and maintained in accordance with the manufacturer’s specifications.

The construction contractor shall utilize electric or diesel-powered equipment in lieu of gasoline-powered engines where feasible.

The construction contractor shall ensure that construction grading plans include a statement that work crews will shut off equipment when not in use. During smog season (May through October), the overall length of the construction period will be extended, thereby decreasing the size of the area prepared each day, to minimize vehicles and equipment operating at the same time.

The construction contractor shall time the construction activities so as not to interfere with peak hour traffic and to minimize obstruction of through traffic lanes adjacent to the site; if necessary, a flag person shall be retained to maintain safety adjacent to existing roadways.

The construction contractor shall support and encourage ridesharing and transit incentives for the construction crew.

The construction contractor shall demonstrate compliance with SCAQMD Rule 1113 on the use of architectural coatings. Emissions associated with architectural coatings would be reduced by complying with these rules and regulations, which include using pre-coated/natural-colored building materials, water-based or low-VOC coating, and coating transfer or spray equipment with high transfer efficiency.

24. During all site excavation and grading, the project contractors shall equip all

construction equipment, fixed or mobile, with properly operating and maintained mufflers consistent with manufacturer’s standards.

25. The project contractor shall place all stationary construction equipment so that emitted noise is directed away from sensitive receptors nearest to the project site.

26. The construction contractor shall locate equipment staging areas that will create the greatest practical distance between construction-related noise sources and

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noise-sensitive receptors nearest to the project site during all project construction.

27. Construction contractors shall provide the Building & Safety Division a name and phone number of a contact person in the event that noise levels become disruptive. The name and phone number shall be posted on site, informing the public who to contact.

28. Prior to issuance of a building permit, the applicant shall be required to obtain approval of a construction site safety plan by the Redlands Police Department providing adequate security measures such as lights, video cameras, vehicle transponders, locks, alarms, trained security personnel, fencing etc. The nature of the measures will depend on the specific requirements of the site, and may vary with the different stages of construction. The applicant shall be responsible for the compliance of all sub-contractors working on the site.

29. Prior to grading permit issuance, the applicant shall be required to comply with all

requirements of the Nationwide National Pollutant Discharge Elimination System (NPDES) permit issued by the Santa Ana Regional Water Quality Control Board and to the City of Redlands. The project shall also provide the appropriate NPDES Best Management Practices (BMP).

30. In the event that any subsurface archeological materials are encountered within

any part of the project area, all ground-disturbing construction activities must be suspended in the vicinity of the find until the deposit is recorded and evaluated by a qualified archeologist.

31. If human remains are encountered on the property, then the San Bernardino County Coroner’s Office must be notified. If the coroner determines the remains to be of Native American origin, he or she will notify the Native American Heritage Commission (NAHC). The NAHC will then identify the most likely descendants to be consulted regarding treatment and/or repatriation of the remains.

32. Pursuant to Government Code Section 66020(d), certain fees, dedications, reservations or exactions imposed by the City as a condition of approval of this project are subject to a statutory ninety (90) day protest period. Please be advised that the ninety (90) day protest period for those fees, dedications, reservations and exactions which are subject to Government Code Section 66020(a) has commenced to run on the date this project was approved by the City.

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33. The applicant for this permit, and its successors and assigns, shall defend,

indemnify and hold harmless the City of Redlands, and its elected officials, officers, agents and employees, from and against any and all claims, actions, and proceedings to attack, set aside, void or annul the approval of this permit by the City, or brought against the City due to acts or omissions in any way connected to the applicant’s project that is the subject of this permit. This indemnification shall include, but not be limited to, damages, fees, costs, liabilities, and expenses incurred in such actions or proceedings, including damages for the injury to property or persons, including death of a person, and any award of attorneys’ fees. In the event any such action is commenced to attack, set aside, void or annul all, or any, provisions of this permit, or is commenced for any other reason against the City for acts or omissions relating to the applicant’s project, within fourteen (14) City business days of the same, the applicant shall file with the City a performance bond or irrevocable letter of credit (together, the “Security”) in a form satisfactory to the City and in the amount of Three Hundred Thousand Dollars ($300,000), to ensure applicant’s performance of its defense and indemnity obligations under this condition. The failure of the applicant to provide the Security shall be deemed an express acknowledgement and agreement by the applicant that the City shall have the authority and right, without objection by the applicant, to revoke all entitlements granted for the project pursuant to this permit. The City shall have no liability to the applicant for the exercise of City’s right to revoke this permit.

34. The Site Plan and Landscape Plan shall be revised to show the northerly right-out driveway on Tennessee Street as depicted on the Preliminary Grading Plan and as approved by the City Engineer.

35. At least fifty percent (50%) of the trees shall be 15 gallon in size, twenty-five percent (25%) shall be 24-inch box in size, and twenty-five percent (25%) shall be 36-inch box in size. All trees shall meet the following minimum caliper sizes. If the caliper size cannot be met at the container size then the developer shall increase the container size to meet the required caliper.

15-gallon: 3/4" to 1" 24-inch box: 1-1/4" to 1-3/4" 36-inch box: 2-1/2" to 2-3/4"

36. Trees shall be provided onsite along Tennessee Street at a ratio of one (1) tree

for every twenty linear feet of parking along the property perimeter.

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37. Trees shall be provided onsite along Lugonia Avenue at a ratio of one (1) tree for every thirty linear feet of parking along the property perimeter. The Arapaho Crape Myrtle trees shall be replaced by Eastern Redbud’s.

38. Synthetic turf shall be replaced with an alternative ground cover that is consistent with the approved planting palette.

39. The Applicant shall only install shrubs and ground cover within the City’s sewer

easement along the sites westerly property line. The planting of trees within the sewer easement is not permitted.

40. The proposed porcelain tile shall be replaced with the ledge stone proposed on the building.

41. The project shall be designed with streetscape and intersections consistent with regard to setbacks, landscaping, sidewalks, and medians. Mitigation Measure No 1.

42. Loading service and refuse areas shall be screened from public view. Mitigation Measure No. 2.

43. Roof-top equipment shall be screened from public view through wells, parapet walls and other architectural means. Mitigation Measure No 3.

44. The project shall meet the 20% minimum landscaping requirements of the Regional Industrial District of the EVCSP. Mitigation Measure No 4.

45. Lights shall be placed to avoid excessive light glare or spillage onto adjacent properties and City Right-of-way shall be avoided. A photometric Plan shall be submitted to the City of Redlands demonstrating compliance with Section EV4.0215 Site Light of the East Valley Corridor Specific Plan. Mitigation Measure No. 5.

46. The contractor shall abide by all applicable SCAQMD rules and regulations during construction. The following measures shall be incorporated into Project plans and specifications as implementation of Rule 403:

All clearing, grading, earth-moving, or excavation activities shall cease when winds exceed 25 mph per SCAQMD guidelines in order to limit fugitive dust emissions.

The contractor shall ensure that all disturbed unpaved roads and disturbed areas within the Project are watered at least three (3) times daily during dry

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weather, preferably in the mid-morning, afternoon, and after work is done for the day. Watering shall provide complete coverage of disturbed areas.

The contractor shall ensure that traffic speeds on unpaved roads and Project site areas are reduced to 15 miles per hour or less. Mitigation Measure No. 6.

47. All project construction contractors shall implement a traffic management

program to reduce the number of employees or material delivery trips and to minimize conflict with any regional transportation patters. The elements of such a program shall include: 1) encourage rideshare incentives for all workers on-site; 2) provide construction personnel off-street parking where practice to minimize traffic interference; 3) any lane closure of primary site perimeter roads shall be subject to approval by the Municipal Utilities and Engineering Director; 4) complete all street sweeping/washing of primary site perimeter roads by 4:00 p.m. Mitigation Measure No. 7.

48. A geotechnical investigation shall be conducted to determine the design of the foundation and building. The site investigation shall include information on the soil type, a history of water-table fluctuation throughout the site, and the potential for saturation within the upper fifty (50) feet of alluvial material. Mitigation Measure No. 8.

49. The applicant shall provide the City with a Soil Erosion Control Plan that shall include measures designed to reduce wind and water erosion of the site during and after construction. Mitigation Measure No. 9.

50. All permanent landscaping shall be installed prior to final occupancy, and following construction disturbed soils shall be landscaped, or otherwise treated, to protect soils from wind and water erosion. Mitigation Measure No. 10.

51. The applicant shall require preparation and implementation of a Storm Water Pollution Prevention Plan (SWPPP). Mitigation Measure No. 11.

52. The applicant shall comply with the submitted Final Water Quality Management Plan (WQMP) prepared in accordance with Santa Ana Regional Water Quality Control Board guidelines to be reviewed and approved by the City prior to issuance of a grading permit. Mitigation Measure No. 12.

53. All construction activities shall be limited to the hours between 7:00 a.m. to 6:00 p.m. with no construction activities permitted on Sundays and Federal Holidays. Mitigation Measure No. 13.

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54. Approval of a construction site security plan by the police department shall be

acquired providing adequate security measures such as lights, video cameras, vehicle transponders, locks, alarms, trained security personnel, fencing etc. The nature of the measures will depend on the specific requirements of the site, and may vary with the different stages of construction. The developer shall be responsible for the compliance of all sub-contractors working on the site. Other impacts associated with new development are mitigated with the payment of development impact fees, and State established school fees. Mitigation Measure No. 14.

55. The applicant shall pay for their fair share of improvements to the intersection of Tennessee Street and Lugonia consisting of stripping for an additional northbound left turn pocket and installing a northbound right turn overlap as approved by the City Engineer. Mitigation Measure 15.

56. The applicant shall have “Keep Clear” painted at the intersection of Tennessee Street and project south access to prevent vehicles from blocking the roadway preventing vehicles desiring from entering and exiting the project site. The painting shall be reviewed and approved by the City Engineer. Mitigation Measure 16.

57. The applicant shall install do not enter and right turn only signs at the northerly driveway access onto Tennessee Street as approved by the City Engineer. Mitigation Measure 17.

____________________ Oscar Orci, Development Services Director