City of Aliso Viejo AGENDA ITEM h bf

Transcription

1 Agenda Item 10-1 of Aliso City of Aliso Viejo AGENDA ITEM h bf 0001: 0 DATE: April 6, 2016 TO: FROM: Mayor and City Council Omar Dadabhoy, Director of Planning Services Anne Fox, Contract Staff Planner SUBJECT: CONDITIONAL USE PERMIT, SITE DEVELOPMENT PERMIT, & EXCEPTION PERMIT ( CUP/ SDP/ EP) FOR THE CONVERSION OF SERVICE BAYS TO A CONVENIENCE STORE AT AN EXISTING GAS STATION SITE AT ALISO VIEJO PLAZA ( PA15-021) Recommended Action: Staff recommends the City Council adopt Resolution No XX ( Attachment 1) approving Planning Application PA ( CUP/ SDP/ EP) to allow the conversion of service bays to a Convenience Store at an existing Gas Station site within Aliso Viejo Plaza at Pacific Park Drive. Project Summary: Site Address Assessor' s Parcel Number( s) Applicant/Agent Property Owner General Plan Designation Zoning District Existing Site Size Proposed Site Size Existing Conditions Pacific Park Drive Project Background Fred Cohen, CJC Design Inc. Shirin Karamooz, SHDK LLC Community Commercial ( CC) CC ( Community Commercial) Acres (21, 780 square feet) No Change Gas Station site developed with a 2, 700 square foot building Convenience Store/ Service Bays), 1, 840 square foot fuel island canopy, and related site improvements. Surrounding Area Land Uses Zoning North Target/Stater Bros Parking Lot CC South Laguna Gardens Apartments & City of Laguna Niguel RM Casa La Paz Multiple- Family District) East Target Store and Parking Lot Area CC West In- Line Tenant Retail ( Various) CC

2 Agenda Item 10-2 PA15-021( CUP/SDP/ EP) 76 Station Service Bay Conversion to Convenience Store April 6, 2016 City Council Page 2 The applicant is proposing to convert the existing service bay square footage to expand the existing Convenience Store land use at an existing Gas Station site, including a façade remodel of the building and fuel dispensing canopy, and related site improvements ( landscaping and parking). The proposal is short one parking space and seeks an Exception Permit. Discussion: The project site is located within the CC ( Community Commercial) Zoning District. Convenience Stores require approval of a Conditional Use Permit ( CUP) pursuant to Aliso Viejo Municipal Code ( AVMC) Table The City Council is the decisionmaking authority on a CUP after conducting a noticed public hearing pursuant to AVMC Table Building modifications that result in a significant change in the exterior appearance of an existing structure visible to the street requires approval of a Site Development Permit ( SDP) pursuant to AVMC Section B. 4 subject to the approval by the Director of Planning Services. A reduction in the required number of parking spaces of 15% or less requires approval of an Exception Permit ( EP) pursuant to AVMC Sections B. 1 and , which is also subject to the approval by the Director of Planning Services. However, AVMC Section A.2 requires the final decision on a combined application be made by the highest decision- making authority. The project site is developed as a Gas Station with a 2,700 square foot single-story building that contains a 300 square foot Convenience Store, and Accessory Auto Repair service bay area measuring approximately 2, 400 square feet. The proposal would convert the service bay area to expand the Convenience Store to occupy the entire building square footage. The expansion would modify the 18 square foot walk-in cooler area currently used and approved for sale of beer and wine ( ABC License Type 20 approved under PA10-026). An area measuring approximately 75 square feet within the new walk-in cooler area is proposed for the display/sale of beer and wine upon completion of the remodeled interior. Other interior improvements result in creation of new restrooms, office and storage areas, expand the pre- packaged food retail area, and create a sandwich prep/fountain drink dispenser area. Changing the square footage from a Gas Station with Accessory Auto Repair use to a Gas Station with a Convenience Store use requires modifications to the subject site' s parking lot area to increase the overall number of parking spaces. AVMC Table requires a minimum of four parking spaces for a Gas Station, plus those spaces required supporting any accessory uses. A Convenience Store is required to be parked at a ratio of one space for each 250 square feet of gross floor area, which calculates to 11 parking spaces required upon conversion of all of the building square footage to Convenience Store use. Overall, a total of 15 parking spaces are required. Submitted plans propose creating new planter areas immediately adjacent to the building' s north side, reconfiguring some of the planter area located on the building' s west side, and restriping the existing paved areas of the site to provide a total of 14 parking spaces and a loading space. This results in a one-space deficiency

3 Agenda Item 10-3 PA15-021( CUP/SDP/ EP) 76 Station Service Bay Conversion to Convenience Store April 6, 2016 City Council Page 3 representing a 7% reduction in the number of spaces being provided. The site shares reciprocity of drive aisles and access, but does not officially share parking with the adjacent tenants, although parking provided is generally used in common by patrons of the shopping center as there are no formal restrictions posted in the larger, centralized parking field. Also, while not officially recognized as parking spaces, some patrons of the Convenience Store use on the subject site will likely make purchases while their vehicle is parked at an individual fuel dispenser; thereby decreasing the need for a separate parking space. The submitted plans and rendering for the project show that the building exterior will be updated with new finish materials and colors reflective of a modern interpretation of Spanish architectural style. The primary wall surface is proposed to be smooth stucco, painted in light earthen tone with pre- cast columns flanking the store entry. The existing mission roof tile is proposed to remain. Darker- stained wood is proposed for the trim, support posts, rafters and trellis structures. The plans also indicate matching cosmetic improvements to the fuel dispensing canopy structure. Finally, the applicant is proposing to add signage to the exterior of the new building to identify the Convenience Store. No changes are proposed to the existing fuel canopy sign (" 76" logo) or monument sign with fuel pricing. However, the remodeled north and south building elevations show a central wall surface area to affix a business identification wall sign. AVMC Table requires that business identification wall signs consist of flush- mounted individual, 18- inch high, channel letters. Therefore, a Condition of Approval has been included in the Resolution xx ( Attachment 1) requiring that any new business identification wall signs comply with the City's Sign Code, which can include a logo if part of a registered trademark. This will be subject to review by the Director of Planning Services upon building plan check. Fiscal Impact: There is no fiscal impact to the City associated with this discretionary action. Applicants submitting for & discretionary permit approval from the City must deposit monies in an account which funds Staff' s time associated with processing the application. Environmental: Staff has determined the project is Categorically Exempt from environmental review pursuant to CEQA Guidelines Section ( Class 1: Existing Facilities). As outlined, Class 1 Categorical Exemption applies to projects that propose the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency' s determination. The key consideration is whether the project involves negligible or no expansion of an existing use. Examples of this Exemption type include " Additions to existing structures provided that the addition will not result in an increase of more than 10, 000 square feet ( A) the project is in an area where all public services and facilities

4 Agenda Item 10-4 PA15-021( CUP/ SDP/ EP) 76 Station Service Bay Conversion to Convenience Store April 6, 2016 City Council Page 4 are available to allow for maximum development permissible in the General Plan and B) the area in which the project is located is not environmentally sensitive." The project qualifies under Class 1 in this circumstance because ( 1) the request is for a minor alteration of an existing private structure established with a Convenience Store use; ( 2) the alteration does not change the existing Floor Area Ratio (" FAR") for the parcel of 0. 12: 1 where the maximum development under the General Plan Land Use Element designation of Community Commercial is 1. 00: 1; ( 3) all public services and facilities exist; and ( 4) the Project area is located within an urban environment. In determining that the project is Categorical Exempt, none of the " Exceptions" to the determination of an exemption as listed in CEQA Guidelines Section are applicable. Therefore, the Class 1 Categorical Exemption is the appropriate environmental determination for the proposed project. Public Notice: In accordance with Aliso Viejo Municipal Code (AVMC) Section , a public hearing notice was mailed to all property owners within 300 feet of the subject property and was published in the Aliso Viejo News on March 24, Conclusion: The proposal is consistent with the City' s regulations and the findings can be supported. Therefore, Staff recommends the City Council approve Planning Application PA Prepared by: Approved by: Fox Contract Staff- alanner a_z_ mar Dadab oy Director of Planning Services r APPROV D FOR SUBMITTAL TO THE CITY COUNCIL: Davi." lioyle V City Manager

5 Agenda Item 10-5 PA15-021( CUP/SDP/ EP) 76 Station Service Bay Conversion to Convenience Store April 6, 2016 City Council Page 5 Attachments: 1. Draft Resolution No XX 2. Location Map 3. Applicant' s Justification- Project Description 4. Submitted Plans

6 Agenda Item 10-6 ATTACHMENT 1 DRAFT RESOLUTION NO XX

7 Agenda Item 10-7 RESOLUTION NO XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALISO VIEJO, CALIFORNIA, APPROVING PLANNING APPLICATION PA ( CUP/SDP/ EP) FOR THE CONVERSION OF SERVICE BAYS TO A CONVENIENCE STORE AT AN EXISTING GAS STATION SITE AT ALISO VIEJO PLAZA AT PACIFIC PARK DRIVE IN ALISO VIEJO WHEREAS, on August 3, 2015, Fred Cohen, CJC Design Inc. submitted Planning Application PA on behalf of Shirin Karamooz, SHDK LLC for the conversion of service bays to a Convenience Store at an existing Gas Station site within Aliso Viejo Plaza at Pacific Park Drive (" Project"); and WHEREAS, pursuant to Aliso Viejo Municipal Code (" AVMC") Table , Convenience Stores require Conditional Use Permit (" CUP") approval within the CC Community Commercial) Zoning District; and WHEREAS, a CUP is required for all land uses identified in the AVMC as requiring such permits, pursuant to AVMC Section B; and WHEREAS, pursuant to AVMC Section B.4 approval of a Site Development Permit (" SDP") by the Director of Planning Services is required for building modifications that result in a significant change in the exterior appearance of an existing structure visible to the street; and WHEREAS, pursuant to AVMC Sections and approval of an Exception Permit (" EP") by the Director of Planning Services is required for a reduction in the required number of parking spaces of 15% or less WHEREAS, pursuant to AVMC Section A.2 the final decision on a combined application is required to be made by the highest decision- making authority; and WHEREAS, pursuant to Title 14, California Code of Regulations, Section 15367, the City of Aliso Viejo (" City") is Lead Agency for purposes of the Project; and WHEREAS, the City has reviewed the proposed Project and has determined that it is Categorically Exempt from environmental review under the California Environmental Quality Act (" CEQA") pursuant to CEQA Guidelines Section ( Class 1: Existing Facilities) because the Project consists of the minor alteration of existing private structures, less than 10,000 square foot addition ( CEQA Section 15301( e)( 2)), involving negligible expansion of use; and where all public services and facilities are available to allow for maximum development permissible in the General Plan and where the area is not considered environmentally sensitive; and

8 Agenda Item 10-8 WHEREAS, the City has determined that none of the Exceptions to the Categorical Exemptions outlined in Title 14, California Code of Regulations Section applies to the Project; and WHEREAS, the foregoing exemption is sufficient to independently exempt the whole of the action from CEQA; and WHEREAS, on April 6, 2016, the City Council held a duly-noticed public hearing as prescribed by law and considered public testimony and evidence and recommendations presented by Staff in the Agenda Report and oral presentation related to Planning Application PA ( CUP/ SDP/ EP); and occurred. WHEREAS, all other legal prerequisites to the adoption of this Resolution have NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ALISO VIEJO, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Determination of Recitals. The City Council hereby finds and determines that all of the recitals set forth above are true and correct. The above recitals are hereby incorporated as substantive findings of this Resolution. SECTION 2. Compliance with CEQA. The City Council hereby finds and determines the project is Categorically Exempt from environmental review pursuant to CEQA Guidelines Section ( Class 1: Existing Facilities). As outlined, Class 1 Categorical Exemption applies to projects that propose the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency' s determination. The key consideration is whether the project involves negligible or no expansion of an existing use. Examples of this Exemption type include " Additions to existing structures provided that the addition will not result in an increase of more than 10, 000 square feet ( A) the project is in an area where all public services and facilities are available to allow for maximum development permissible in the General Plan and B) the area in which the project is located is not environmentally sensitive The project qualifies under Class 1 in this circumstance because ( 1) the request is for a minor alteration of an existing private structure established with a Convenience Store use; ( 2) the alteration does not change the existing Floor Area Ratio (" FAR") for the parcel of 0. 12: 1 where the maximum development under the General Plan Land Use Element designation of Community Commercial is 1. 00: 1; ( 3) all public services and facilities exist; and ( 4) the Project area is located within an urban environment. In determining that the project is Categorical Exempt, none of the " Exceptions" to the determination of an exemption as listed in CEQA Guidelines Section are applicable. Therefore, the Class 1 Categorical Exemption is the appropriate environmental determination for the proposed project.

9 Agenda Item 10-9 SECTION 3. Findings for Conditional Use Permit. In accordance with Section of the AVMC, the City Council hereby approves the CUP for the conversion of service bays to a Convenience Store at an existing Gas Station site, Planning Application PA ( CUP/ SDP/ EP) subject to the conditions set forth in Exhibit "A." The City Council, sitting as the legislative body and based upon the entire record, including all written and oral evidence presented, finds that: 1. Consistency with General Plan. The land use is consistent with the General Plan and any applicable specific plan in that Convenience Stores in conjunction with Gas Stations are consistent with the General Plan Land Use Element Community Commercial land use category which is described as a " designation that provides for retail stores of a citywide or regional nature and does not promote the development of commercial strips." 2. Consistency with Zoning Code. The land use and associated development conform to the permitted use provisions and development standards of the Zoning Code and is consistent with the Code and any applicable specific plan in that: The Convenience Store is located on an existing Gas Station site within the CC Zoning District, which requires the approval of a CUP. The AVMC does not contain specific regulations for the Convenience Stores land use but allows such use accessory to Gas Stations. The project site is primarily a Gas Station, which is subject to AVMC Section The proposal converts existing building square footage on the site, expanding the Convenience Store with negligible expansion of the use and operational characteristics of the Gas Station. Therefore, none of the standards outlined in AVMC Section are applicable and the current site improvements meet these requirements. 3. Compliance with CEQA. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act in that The proposed project is Categorically Exempt from environmental review per CEQA Guidelines Section ( Class 1 Existing Facilities) as it consists of the minor alteration of existing private structures, less than 10, 000 square foot addition ( CEQA Section 15301( e)( 2)), involving negligible expansion of use; and where all public services and facilities are available to allow for maximum development permissible in the General Plan and where the area is not considered environmentally sensitive. 4. Surrounding Uses: Approval of the application will not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the vicinity in that

10 Agenda Item Converting square footage of an existing building to expand the existing Convenience Store at the existing Gas Station site is compatible with the immediately surrounding retail uses to the north, east and west. The Convenience Store is an established use and is located more than 300 feet from the closest sensitive land use type ( residential) located within the boundaries of the neighboring City of Laguna Niguel. The Convenience Store is part of a Gas Station site located within Aliso Viejo Plaza shopping center which is separated from the residential areas to the south by more than a 150-foot wide arterial highway ( Pacific Park Drive). Further, the proposed modifications to the building are largely on the interior, with cosmetic modifications to the exterior, and site improvements will occur primarily on the west and north facing portions of the building facing the interior of the shopping center; therefore, the use will not contribute new noise, light and glare, or other incompatible conditions affecting the closest residential uses; and is contained to the project site without affecting the remaining parking lot areas of the shopping center. SECTION 4. Findings for Site Development Permit. In accordance with Section D of the AVMC, the City Council hereby approves the SDP for the conversion of service bays to a Convenience Store at an existing Gas Station site, Planning Application PA ( CUP/ SDP/ EP) subject to the conditions set forth in Exhibit "A." The City Council, sitting as the legislative body and based upon the entire record, including all written and oral evidence presented, finds that: 1. Consistency with General Plan. The project is consistent with the General Plan and any applicable specific plan in that: The proposed exterior modifications will not alter the existing FAR of 0. 12: 1 of the site that is below the General Plan Land Use Element Community Commercial land use category maximum intensity of development of 1. 00: 1 FAR and the average of 0.40: 1 2. Consistency with Zoning FAR. Code. The land use and associated development conform to the permitted use provisions and development standards of the Zoning Code and is consistent with the Code and any applicable specific plan in that: The Convenience Store is located on an existing Gas Station site within the CC Zoning District, which requires the approval of a CUP. The proposal converts existing building square footage, expanding the Convenience Store. The improvements will include exterior modifications that alter windows/doors and wall locations to allow for service bays to be converted to retail space. exterior changes will update the building' s architectural finishes and appearance along with matching upgrades to the fuel dispensing canopy. The proposal also includes minor site improvements that upgrade the trash enclosure to current The

11 Agenda Item water quality compliance standards matching colors and finishes of the building, and adjusts landscape planters and paved surfaces to re-stripe parking spaces to satisfy regulatory requirements for accessible spaces and loading space requirements. These modifications increase the number of parking spaces; however, the number provided is short one space from the number required for all of the uses combined at the site. Therefore, an approval of an EP is required. 3. Compliance with CEQA. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act in that The proposed project is Categorically Exempt from environmental review per CEQA Guidelines Section ( Class 1 Existing Facilities) as it consists of the minor alteration of existing private structures, less than 10,000 square foot addition ( CEQA Section 15301( e)( 2)), involving negligible expansion of use; and where all public services and facilities are available to allow for maximum development permissible in the General Plan and where the area is not considered environmentally sensitive. 4. Architectural Design. The architectural design of the project, including but not limited to the. architectural style, scale, building mass, materials, colors, architectural details, roof style are compatible with surrounding development in that The project has been designed to retain the scale, mass and roofing of the existing building. However, the entire building will be updated with finish materials and colors, but still reflect a modern interpretation of a Spanish architectural style. The fuel dispensing canopy will be upgraded to match materials and colors. The Aliso Viejo Plaza shopping center does not have a specific architectural style, particularly for stand- alone pad tenants. The proposal is complimentary to other buildings within the shopping center. 5. Site Design. The site design of the project, including but not limited to project entries, interior circulation, pedestrian and bicycle access, pedestrian amenities, screening of equipment and trash enclosures, exterior lighting, and other site design elements are compatible with surrounding development in that: The project includes minor modifications to the existing site improvements located to on the north and west portions of the site. These modifications reconfigure landscape planters, re- stripe paved surfaces to create more parking spaces and replace the trash enclosure with a code-compliant and architecturally compatible structure. These improvements occur wholly within the project site without affecting surrounding development within the shopping center. 6. Landscape Design. Project landscaping, including but not limited to the location, type size, color, texture, and coverage of plant materials, has been designed so

12 Agenda Item as to provide visual relief, complement buildings, visually emphasize prominent design elements and vistas, screen undesirable views, provide a harmonious transition between adjacent land uses and between development and open space, and provide an overall unifying influence to enhance the visual continuity of the project in that The project landscaping is existing and only minor alterations that add new planters adjacent to the building' s north elevation and reconfigure the planter areas located along the west side of the building. These minor modifications are largely visible within the project site. The landscaping visible from the adjacent arterial, Pacific Park Drive, and to the residential communities to the south will not be affected or changed. SECTION 5. Findings for Exception Permit. In accordance with Sections B. 1 and D of the AVMC, the City Council hereby approves the EP from the parking requirements for the conversion of service bays to a Convenience Store at an existing Gas Station site, Planning Application PA ( CUP/ SDP/ EP) subject to the conditions set forth in Exhibit "A." The City Council, sitting as the legislative body and based upon the entire record, including all written and oral evidence presented, finds that: 1. Consistency with General Plan. The exception is consistent with the General Plan and any applicable specific plan in that The exception to the number of required parking spaces is less than 15%, the threshold for consideration as a minor adjustment, and allows for the unused portion of an existing building on a Gas Station site within an existing shopping center to make a "... positive contribution to the City' s tax base" ( Land Use Element Policy LU- 1. 2) which is consistent with the General Plan. 2. Consistency with Zoning Code. Except for the deviation allowed under this permit, the land use and associated development conform to the permitted use provisions and development standards of the Zoning Code and is consistent with the Code and any applicable specific plan in that The Convenience Store is located on an existing Gas Station site within the CC Zoning District, which requires the approval of a CUP. The proposal converts existing building square footage, expanding the Convenience Store. Except for the one-space deficiency ( representing 7% of the overall parking provided) the proposed project is consistent with the provisions and development standards of the Zoning Code. 3. Compliance with CEQA. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act in that

13 Agenda Item The proposed project is Categorically Exempt from environmental review per CEQA Guidelines Section ( Class 1 Existing Facilities) as it consists of the minor alteration of existing private structures, less than 10, 000 square foot addition ( CEQA Section 15301( e)( 2)), involving negligible expansion of use; and where all public services and facilities\ are available to allow for maximum development permissible in the General Plan and where the area is not considered environmentally sensitive. The approval of the permit application from the parking requirements falls within this CEQA exemption definition. 4. Surrounding Uses: Approval of the permit will not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the vicinity in that Converting square footage of, an existing building to expand the existing Convenience Store at the existing Gas Station site is compatible with the immediately surrounding retail uses to the north, east and west. The Convenience Store is an established use and is located more than 300 feet from the closest sensitive land use type ( residential) located within the boundaries of the neighboring City of Laguna Niguel. The Convenience Store is part of a Gas Station site located within Aliso Viejo Plaza shopping center. Reciprocal access for drive aisles connecting the various fields of parking throughout the shopping center is granted between the subject site and the other tenant/property owners. Although no formal reciprocal parking agreement exists between the tenant/property owners within this shopping center, the location of the subject site, which is on the southern edge of the center further away from the larger parking-generation types of uses (Target and Stater Bros.), and is such that the one-space deficiency can be absorbed with nominal impact. 5. Exception for 15% Reduction. Given the specific conditions of the site and the adjacent area, the alternate parking standards will provide sufficient parking for the use(s) served; and the alternate parking standards comply with the purpose and intent of AVMC Chapter in that Changing the square footage from a Gas Station with Accessory Auto Repair use to a Gas Station with a Convenience Store use requires modifications to the subject site' s parking lot area to increase the overall number of parking spaces. AVMC Table requires a minimum of four parking spaces for a Gas Station, plus those spaces required to support any accessory uses. A Convenience Store is required to be parked at a ratio of one space for each 250 square feet of gross floor area, which calculates to 11 parking spaces required upon conversion of all of the building square footage to Convenience Store use. Overall, a total of 15 parking spaces is required. Submitted plans propose creating new planter areas immediately adjacent to the building' s north side, reconfiguring some of the planter area located on the building' s west side, and restriping the existing paved areas of the site to provide a total of 14 parking

14 Agenda Item spaces and a loading space. This results in a one- space deficiency representing a 7% reduction in the number of spaces being provided. The site shares reciprocity of drive aisles and access, but does not officially share parking with the adjacent tenants, although parking provided is generally used in common by patrons of the shopping center as there are no formal restrictions posted in the larger, centralized parking field. Also, while not officially recognized as parking spaces, some patrons of the Convenience Store use on the subject site will likely make purchases while their vehicle is parked at an individual fuel dispenser; thereby decreasing the need for a separate parking space. Overall, the project complies with the purpose and intent of the City' s parking regulations. SECTION 6. Approval of Project and Filing of Notice of Exemption. Within five ( 5) working days after the passage and adoption of this Resolution, the City Council hereby authorizes and directs staff to prepare, execute and file with the Orange County Clerk a Notice of Exemption for the proposed Project. SECTION 7. Location of Documents. The administrative record for the Project is maintained at City Hall located at 12 Journey, Suite 100, Aliso Viejo, CA The custodian of records is the City Clerk. PASSED, APPROVED AND ADOPTED this 6th day of April, Mike Munzing Mayor APPROVED AS TO FORM: ATTEST: Scott C. Smith City Attorney Mitzi Ortiz, CMC City Clerk

15 Agenda Item STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF ALISO VIEJO ss. I, MITZI ORTIZ, City Clerk of the City of Aliso Viejo, California, DO HEREBY CERTIFY that foregoing Resolution No XX was duly passed and adopted by the City Council of the City of Aliso Viejo at their regular meeting held on the 6th day of April, 2016, by the following roll call vote, to wit: AYES: NOES: ABSENT: MITZI ORTIZ CITY CLERK SEAL) I hereby certify that the foregoing is the original of Resolution No XX duly passed and adopted by the Aliso Viejo City Council at its regular meeting held April 6, MITZI ORTIZ CITY CLERK SEAL)

16 Agenda Item EXHIBIT " A" PLANNING APPLICATION PA CONDITIONS OF APPROVAL 1. Project Description. Approval of the Planning Application PA ( CUP/ SDP/ EP) is for the conversion of service bays to a Convenience Store at an existing Gas Station site within Town Center at Pacific Park Drive, Aliso Viejo, CA in accordance with all plans and exhibits as presented to and approved by the City Council on April 6, Period of Validity. Approval of Planning Application PA ( CUP/ SDP/ EP) is valid for a period of two years from the effective date set out above. If building or other ministerial permits for the project are not issued within such period of time, the approval shall expire and shall thereafter be null and void unless an extension is requested by the applicant prior to the expiration date and subsequently approved by the Director of Planning Services pursuant to AVMC Section Development Per Approved Plans. This approval constitutes a precise plan for location and design of uses, structures, features and materials submitted with this application and depicted on approved plans. Development shall occur substantially as shown on the plans approved for this project and on file in the Planning Department, subject to any modifications imposed by the conditions of approval herein as confirmed by the Director of Planning Services. Any land use, construction or improvement not specifically approved by this conditional use permit is not permitted and must be addressed in a separate and subsequent application and review. Relocation, alteration or addition to any use, structure, feature or material not specifically approved shall require an amendment to the approved plans unless the Director of Planning Services determines such modifications are minor and consistent with the spirit and intent of the original approving action and that the action would have been the same for the modifications as for the approved plans. The Director of Planning Services may approve such minor modifications in accordance with AVMC Section without requiring a new public hearing. If the Director of Planning Services determines that a proposed modification is not minor, it shall be processed in the same manner as the original plans. 4. Payment of Fees. The applicant shall be responsible for payment of all applicable fees along with reimbursement for all City expense in ensuring compliance with conditions. All fees and expenses shall be paid in full prior to issuance of a certificate of occupancy. Prior to issuance of applicable City approvals or permits, the applicant shall be fully responsible for reimbursing the City of Aliso Viejo for all expenses incurred to process the application and assure compliance with all conditions of approval. 5. Compliance With Conditions. The applicant shall be fully responsible for knowing and complying with all conditions of approval, including making conditions known to City Staff for future governmental permits or actions on the project site. Failure to

17 Agenda Item abide by and faithfully comply with any and all conditions attached to the granting of these permits may constitute grounds for revocation of the permit(s) in accordance with AVMC Section Indemnification. The Applicant shall indemnify, protect, defend, and hold the City, and/or any of its officials ( appointed or elected), officers, employees, agents, departments, agencies, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, and other actions and proceedings whether legal, equitable, declaratory, conditional or adjudicatory in nature), and alternative dispute resolution procedures ( including, but not limited to arbitrations, mediations, and other such 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, Community Redevelopment Law, Code of Civil Procedure Sections 1085 or , 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 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. 7. Building Permits. The Applicant shall obtain all necessary building permits for the Project. The Applicant shall pay any and all fees due prior the issuance of building permits. Applicant shall furnish, if applicable, three ( 3) complete sets of plans structural, mechanical, electrical, and plumbing) designed and signed in ink by the required licensed professionals. Said plans submitted may require two ( 2) copies of soil reports, liquefaction investigation reports and structural calculations. Mechanical plans shall include duct and equipment data. Plumbing plans shall include isometric drawing of drain waste vents and water system. Electrical plans shall include single line drawings. 8. Plans Compliance with Regulations. All plans shall be designed in conformance with the 2013 editions of the California Building Code, California Plumbing Code, California Mechanical Code, California Electrical Code, Green Building Standards, Title 24, and OCFA requirements. 9. Conditions of Approval. The cover sheet of building construction documents shall contain a blue-line print of the City' s Conditions of Approval and it shall be attached

18 Agenda Item to each set of plans submitted for any construction or demolition or shall be printed on the title sheet verbatim. 10. Crime Prevention Through Environmental Design. The Applicant shall incorporate recommendations of the Crime Prevention Through Environmental Design CPTED") as provided by the City Police Services Crime Prevention Specialist to the greatest extent possible. Prior to issuance of a building permit, the Applicant shall incorporate public safety conditions into the building plans. Plans shall be reviewed and approved by the Chief of Police Services or his authorized representative. 11. Trash Enclosure. Prior to issuance of a Building Permit, Applicant shall provide construction plans and details for review and approval by the Director of Planning Services, to show that the construction of the replacement trash enclosure will be in conformance with the conceptual elevations approved with PA Notes shall be added to construction drawings to indicate that the enclosure will have a solid roof, sewer connection, and will appear as an integral part of the building' s architectural style by matching finish materials and colors. 12. Fuel Dispensing Canopy. Prior to issuance of a Building Permit, Applicant shall provide construction plans and details for review and approval by the Director of Planning Services, to show that the improvements to the fuel dispensing canopy will be in conformance with the conceptual elevations approved with PA Notes shall be added to construction drawings to indicate that the enclosure will have a solid roof, sewer connection, and will appear as an integral part of the building' s architectural style by matching finish materials and colors. 13. Noise. The use and construction activities shall not generate noise that exceeds noise levels established in AVMC Chapter Signage. All proposed signage for the building shall be designed and submitted to the City in accordance with AVMC Chapter Existing signage on the fuel dispensing canopy and the monument sign with fuel pricing may remain; however, support structures and trim surrounds shall be painted and/or finished in matching colors and/ or materials proposed in the conceptual elevation drawings for PA No sign permit for new signs shall be issued prior to issuance of building permits. 15. Staff Certification of Construction Documents. Pursuant to AVMC Section prior to issuance of a building permit, the Director of Planning Services shall certify that final construction documents conform to preliminary plans schematic elevations, preliminary site and landscape plans, etc.) approved as part of the SDP. 16. Equipment Screening. Prior to the issuance of a Building Permit, improvement plans shall be reviewed by the Director of Planning Services for conformance with the requirements of AVMC Section E - Screening of Equipment.

19 Agenda Item Prior Conditions of Approval ( PA ( AUP)). All prior conditions of approval related to Planning Application ( AUP) authorizing the sale of beer and wine for consumption off the premises (ABC License Type 20) continue to remain in effect. Any of the circumstances as defined under AVMC Section D. shall require an amendment to or application for a new Use Permit. 18. Use of Surveillance Equipment. If camera surveillance is used for the business and/ or site, any such footage shall be kept for a minimum of 72 hours and made available to the Chief of Police Services or his designee within 24 hours of request. 19. Adiacent Property Owner Approvals. Applicant shall provide proof of consent from adjacent property owners for any off-site improvements, if required, prior to the issuance of building permits.

20 Agenda Item ATTACHMENT 2 LOCATION MAP

21 jol. I 1 i lc City of Aliso Viejo Location Ma Agenda Item I yrl r, mil f r 1 J 4 a Nississ: r. s3s4 : I l. f r r Z LL ill 1P0 7- '`, J ) P N. i 441 c S' ' '.. ie ' ', 1,. l 47 i l ' 41e 11 ilk t y IP le 4i t' a, 8 744, Ill, \, 4. t ri i i. / ' Cl i i: r i't 4 w y+ -- S I 1.' 6,%!'" f a i 0, ) K. IAII lert % irfes, i _ %. A r 2:1 : _) 1,/#' 0 r N.:. ' 4 4NC: Q N. ' 7* 7411P ' i "*. 1;,..1TO"- ',,. k: -, 4 I' lvf' ' ' iii. 4 o Y c 1 vi A*. 4, r 1 i1 s-, 41 Q. \ 157 fec.l Pacific Park Drive PA n 2014 Dotal Mao Products. All riohts reserved.

22 Agenda Item ATTACHMENT 3 APPLICANT' S PROJECT DESCRIPTION AND JUSTIFICATION

23 Agenda Item t4 4' j OaO OesIIgn,- Inc. Design Planning Permitting necefv'ifn Project Description AUG. 5 s 2cts Date: June 17, 2015 PLANNING DEPARTMENT Project Address: 76 Service Station Pacific Park Drive Alison Viejo, CA Project Description: Conversion of existing snack shop/mechanic bay building to a convenience store which, will provide a variety of services to consumers within the City ofaliso Viejo residence, businesses and visitors. This Service station will offer a 2,700 square foot convenience store with a sale of ancillary food such as coffee, prepackaged and prepared pastries, candies, soft drinks, beer, wine, etc., typically offered at convenient stores. In addition, the convenience store will offer variety of food/ sandwiches which are prepared at the facility. The gas station facility is currently providing unleaded fuel to cars through Four( 4) fueling dispensers under canopy at the center ofthe lot for vehicles. Fueling hours of operation are 24 hrs/ day 365 days/ year. The Food Mart will have a Minimum of 2 employees at each shift and will operate 24 hours a day, 365 days a year. Beer and wine is currently sold at the existing snack shop and will be sold from 6: 00 am to 2: 00 am daily at the convenience store or as approved by the City of Aliso Viejo and Alcoholic Beverage Control. Site Design The site is existing and has been designed to create smooth traffic flow throughout the facility. The site is located within a shopping center which the access is provided by common driveway from Pacific Park Drive. The fueling canopy/islands are existing and have been placed perpendicular to common access for the traffic to be able to make an easy access to the fueling dispensers.

24 I Agenda Item U Y d I cic Oesiign, Inc_ Desl n 9 Planning Permitting 1. c i O Architecture The convenience store building architecture has been designed to complement adjacent businesses. We believe the architecture of the building will be a tremendous compliment to this property. The architecture of the building encompasses two towers on each front and back of the building with arched column façade on the sides. The entrance ofthe building has been designed with a curved tower to create a grand entrance to the building. The existing fueling canopy architecture to remain the same with no changes as the tiled hip roof matches the new architecture ofthe building The colors of the building will be earth-tone colors to complement and match the surrounding properties. Trash enclosure will be set back on the west side ofthe building and will be finished with stucco and trellis roof to match the architecture of the building. side of the b Landscaping throughout the site will remain the same however any deteriorated trees or planting will be removed and replaced as needed basis In conclusion, the applicant believes this site not only provides the convenience of a onestop service station to the residents and visitors of the City of Aliso Viejo, but also the architecture and design of the site will attract all individuals to take pleasure in their visit to this station and the City of Aliso Viejo. If you need any additional information, please do not hesitate to give me a call. Sincerely, CJC Design, Inc. Fred Cohen Principal FC/ag Enclosures cc: SHDK LLC Pierce Street, Suite 246 Riverside, CA Tel: Fax: www. cjccorp.com

25 Agenda Item ATTACHMENT 4 SUBMITTED PLANS

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