HomeMy WebLinkAboutPC RES 3623l0
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RESOLUTION NO. 3623
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TUSTIN, CALIFORNIA, DENYING CONDTIONAL USE PERMIT
98-007 AND DESIGN REVIEW 98-007, TO CONSTRUCT A 1,472
SQUARE FOOT DRIVE- THROUGH OIL CHANGE FACILITY AT
12972 NEWPORT AVENUE.
The Planning Commission of the City of Tustin does hereby resolve as follows:
I. The Planning Commission finds and determines as follows:
A,
That a proper application for Conditional Use Permit 98-007 and
Design Review 98-007 was filed by EZ Lube, to construct a 1,472
square foot drive-through oil change facility with three work bays and
indoor/outdoor waiting areas.
B.
That a public hearing was duly called, noticed and held on said
application on October 26,1998, by the Planning Commission.
C.
That the construction, establishment, maintenance, and operation of
a drive-through oil change facility will be detrimental will be
detrimental to the health, safety, morals, comfort, or general welfare
of the persons residing or working in the neighborhood of such
proposed use, or be injurious or detrimental to the property and
improvements in the neighborhood of the subject property or to the
general welfare of the City of Tustin, as evidenced by the following
findings:
,
The site shape, size and design is not adequate to
accommodate circulation patterns, thereby creating a negative
effect on the safety of individuals and is not in compliance with
the Auto Service Design Guidelines, adopted by City Council,
in the following manner:
· The number of curb cuts along Newport Avenue and Old
Irvine Blvd. would create a traffic safety hazard.
The inability to rum a vehicle around in the stacking area
behind the service bays and the site design, which does
not provide access around the building for exiting, may
cause a traffic safety hazard.
.
The site design could create potential obstruction to access
required off-street parking spaces. This is not in compliance
with the Auto Service Design Guidelines.
Resolution 3623
Planning Commission
October 26, 1998
Page No. 2
to
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The site design may create a safety hazard for egress or
ingress of an emergency vehicle requiring access to a vehicle
or structure due to the absence of maneuverability around the
building and the insufficient area to accommodate vehicular
turn-around.
The Town Center Redevelopment Plan states:
Sec. 413
The Redevelopment Plan is intended to promote
and encourage a mixed-use design concept,
which will strengthen the interrelationship of
different land, uses to benefit all.
Sec. 420
No use or structure which by reason of
appearance, traffic, smoke, noise, odor or other
similar factors would be incompatible with the
surrounding areas or structures shall be
permitted in any part of the Town Center
Redevelopment Area.
The proposed use would negatively impact access with the
adjacent site and is incompatible with the surrounding uses,
which is inconsistent with the City's General Plan.
The City of Tustin General Plan states:
Goal 1'
Provide for a well balanced land use pattern that
accommodates existing and future needs for
housing, commercial and industrial land, open
space and community facilities and services,
while maintaining a healthy, diversified economy
adequate to provide future City services.
Policy 1.6:
Encourage compatible and
complementary infill of previously
by-passed parcels in areas
already predominantly developed.
Goal 3:
Ensure that new development is compatible with
the surrounding uses in the community, the
City's circulation network, availability of public
facilities, existing development constraints and
the City's unique characteristics and resources.
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Resolution 3623
Planning Commission
October 26, 1998
Page No. 3
Policy 3.8:
Encourage . consolidation of
parking and reciprocal access
agreements among adjacent
businesses.
The proposed use does not integrate the parking, circulation,
and access with the adjacent site and is incompatible with the
surrounding uses, which is inconsistent with the City's General
Plan.
D.
The location, inadequate size, architectural features and general
appearance of Design Review 98-007 will impair the ordedy and
harmonious development of the area, the present or future
development therein, or the occupancy as a whole (Tustin City Code
Section 9272). The following site design supports this finding:
.
The height of the proposed' structure does not meet the
required code standards and is therefore out of scale with the
neighborhood. The lack of landscaping on the Newport
frontage will exaggerate the bulky appearance of the structure.
.
The proposed setbacks and design of the site plan does not
provide enough landscape areas or areas to accommodate
the necessary parking and on-site traffic demands. The
building orientation causes visibility of the service bays. The
use of'a glass and panel door will be unattractive allowing
visibility into the service bays when the doors are closed.
,,
The physical relationship of the proposed improvements is not
compatible with the existing structures and sites in the
neighborhood.
.
This visible comer lot is a gateway into tl~e City from the north
and the relationship of the building, landscaping and site
design will set precedence for any future development or
improvements to structures in the neighborhood and public
thoroughfares.
.
Due to the site's inadequate size, proposed uses and
circulation patterns cannot be aCCOmmodated on the site and
do not promote the ordedy development of the property or
surrounding area.
.
The proposed development is not in compliance with the sign
code. The proposed cabinet wall sign exceeds the maximum
size permitted by the City Code.
Resolution 3623
Planning Commission
October 26, 1998
Page No. 4
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The proposed development is not in compliance with the Auto
Service Design Guidelines adopted by the City Council.
The site design and building orientation is not in
compliance with the "Site Design Order of Preference" due
to the visibility of the service bays from public view and that
the development is not on a lot where the topography,
vegetation, buildings, or other structures provide the
greatest amount of screening of the service bays from
public view.
b)
The proposed access is not in compliance with the
Engineering Division's recommendations to limit the
number of driveways and provide shared access with the
adjacent center.
c) The vehicles within the stacking area interfere with the
access of the required off-street parking.
d) The site design does not provide adequate room to
accommodate anticipated circulation pattems.
e) Significant size and area of landscaping is required to
buffer the structures from the street frontage and
landscaping is required for all street fronts, setback areas
and along property lines. The street widening will 'eliminate
the proposed landscaping on Newport.
f) The plan does not provide the minimum 15% landscaping.
g) The site size, proposed uses and circulation pattems
cannot be accommodated on the site and do not promote
the ordedy development of the property
E,
This project has been determined to be exempt from the
requirements of CEQA pursuant to Section 15270 of the Califomia
Environmental Quality Act, which states that CEQA does not apply to
projects rejected or disapproved by a public agency.
II.
The Planning Commission hereby denies Conditional Use Permit No. 98-
007 and Design Review N0. 98-007 to construct a 1,472 square foot drive-
through oil change facility on the property located at 12972 Newport
Avenue.
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Resolution 3623
Planning Commission
October 26, 1998
Page No. 5
PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission,
held on the 26th day of October, 1998.
LESLIE A. PO'NTIOUS
Chairperson
Planning Commission Secretary
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning
Commission Secretary of the City of Tustin, California; that Resolution No. 3623
was duly passed and adopted at a regular meeting of the Tustin Planning
Commission, held on the 26th day of October, 1998
Planning Commission Secretary