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RESOLUTION NO. 2995
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, APPROVING CONDITIONAL USE
PERMIT 91-25, AUTHORIZING THE ESTABLISHMENT OF
A SELF-SERVE GASOLINE SERVICE STATION USE AND
THE ESTABLISHMENT OF A VSAT ANTENNAE IN THE
RETAIL COMMERCIAL (C-i) DISTRICT; AND
CONDITIONALLY APPROVING DESIGN REVIEW 91-44, A
SELF-SERVE GASOLINE SERVICE STATION FACILITY
LOCATED AT 13052 NEWPORT AVENUE, TUSTIN
The Planning Commission of the City of Tustin does hereby
resolve as follows:
I ·
The Planning Commission finds and determines as
follows:
A·
A proper application, Conditional Use Permit
91-25 and Design Review 91-44 has been filed
by Greer Engineering Co. on behalf of Chevron
U.S.A., Inc. requesting authorization for the
establishment of a self-serve gasoline service
station use and the establishment of a VSAT
antennae in the Retail Commercial (C-I)
District located at 13052 Newport Avenue,
Tustin
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A public hearing was duly called, noticed and
held for said application on January 13, 1992.
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The subject premise is located in the Retail
Commercial (C-I) District. The gasoline
service station use and the dish antennae use
applied for are conditionally permitted uses
in all of the Commercial Districts within the
Tustin City Code.
De
That the establishment, maintenance, and
operation of the uses applied for will not,
under the circumstances of this case, be
detrimental tc the health, safety, morals,
comfort, or general welfare of the persons
residing or working in the neighborhood of
such proposed use nor be a detriment to the
property and improvements in the neighborhood
of the subject property, nor to the general
welfare of the City of Tustin as evidenced by
the following findings:
·
The proposed gasoline service station use
is the reconstruction of an existing
gasoline service station where the new
structure will have substantially the
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Resolution No. 2995
Page 2
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same purpose and capacity as the
structure replaced. The new structure
incorporates advances in site design and
gasoline service station technology not
present in the existing station; thus,
reducing any potential for unhealthful or
injurious site conditions.
The VSAT antennae use is a part of the
communication network required for the
operations of the gasoline service
station. The antennae will be roof-
mounted, mostly obscured, and painted to
match the structure so as not to be
objectional, nor a detriment to the
surrounding parcels.
The proposed project is located within
the Commercial District and surrounded by
compatible commercial uses. With the
lack of sensitive land uses being
adjacent to the site, the use poses no
significant impact.
The proposed site design improves the
efficiency of on-site, ingress and egress
circulation over the existing facility by
reducing the amount of driveways on the
site.
The proposed facility utilizes modern
multi-product pumping equipment which
reduces pumping times and improves patron
circulation on the site.
Ail work in conjunction with tne proposed
use shall be conducted with the proper'
facilities for insuring control of air
pollutants.
Adequate lighting is proposed for the
project for pedestrian, parking and
gasoline pump areas; creating a safe
environment for customers and employees.
Adequate parking is available on site to
provide parking for the proposed use.
The subject property will be required to
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Resolution No. 2995
Page 3
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be maintained in a safe, clean and
sanitary manner; thus eliminating any
potential for unhealthful or injurious
site conditions.
Pursuant to Section 9270b of the Tustin Zoning
Code, the dish antennae will not be
unreasonably incompatible with uses permitted
in surrounding areas with regards to the
following characteristics:
The VSAT antennae will not create noise,
smoke, dust or vibration; hazard from
explosion, contamination or fire in that
it is intended only for electronic
communications.
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The VSAT antennae will be located in such
a way as to be mostly concealed by the
canopy and painted to blend with its
surroundings.
.
The VSAT antennae is proposed to
facilitate the efficient handling of
customer transactions thus reducing the
potential hazard of the congregating of a
large number of people or vehicles.
Pursuant to Section 9272 of the Tustin
Municipal Code, the Commission finds that the
location, size, architectural features and
general appearance of the proposed development
will not impair the orderly and harmonious
development of the area, the present or future
development therein, or the occupancy as a
whole, in making suck findings, ~he
Commission has considered at least the
following items:
1. Height, bulk and area of building.
2. Setbacks and site planning.
3. Exterior materials and colors.
4. Type and pitch of roofs.
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Size and spacing of windows, doors and
other openings.
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Resolution No. 2995
Page 4
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Towers, chimneys, roof structures,
flagpoles, radio and television antennae.
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Landscaping, parking area design and
traffic circulation.
8. Location, height and standards of
exterior illumination.
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Location and appearance of equipment
located outside of an enclosed structure.
10. Location and method of refuse storage.
11. Physical relationship of proposed
structures to existing structures in the
neighborhood.
12. Appearance and design relationship of
proposed structures to existing
structures and possible future structures
in the neighborhood and public
thoroughfares.
13. Development Guidelines and criteria as
adopted by the City Council.
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This project is Categorically Exempt from the
requirements of the California Environmental
Quality Act, pursuant to section 15302 (Class
2).
II. The Planning Commission hereby approves Conditional
Use Permit 91-25 authorizing the establishment of a
gasoline service station use and the establishment
of a VSA? antennae located at 13052 Newport Avenue,
Tustin; ~.nd conditionally approves Design Review
91-44, for site improvements proposed in
conjunction with said facilities, Tustin subject to
the conditions contained with in Exhibit A attached
hereto and incorporated herein by reference.
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Resolution No. 2995
Page 5
PASSED AND ADOPTED at a regular meeting of the Tustin
Planning Commission, held on the 13th day of January,
1992.
~ Z ~..~,. ~.' ,J
ALD~.N L~ BAKE~t --'-- -
~C/bairman
Secretary
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, KATHLEEN CLANCY, the undersigned, hereby certify that
I am the Recording Secretary of the Planning Commission
of the City of Tustin, California; that Resolution No.
2995 was duly passed and adopted at a regular meeting of
the Tustin Planning Commission, held on the 13th day of
January, 1992.
,,
KATHLEEN CLANCY .
Recording Secretar~
EXHIBIT A
CONDITIONAL USE PERMIT 91-25
DESIGN REVIEW 91-44
CONDITIONS OF APPROVAL
RESOLUTION NO. 2995
GENERAL
(1) 1.1 The proposed project shall substantially conform with the
submitted plans for the project date stamped January 13,
1992 on file with the Community Development Department,
as herein modified, or as modified by the Director of
Community Development Department in accordance with this
Exhibit. The Director of Community Development may also
approve subsequent minor modifications to plans during
plan check if such modifications are to be consistent
with provisions of the Tustin City Code and the approved
plans.
(1) 1.2 Unless otherwise specified, the conditions contained in
this Exhibit shall be complied with prior to the issuance
of any building permits for the project, subject to
review and approval by the Community Development
Department.
(1) 1.3 Approval of Conditional Use Permit 91-25 and Design
Review 91-44 is contingent upon the applicant signing and
returning an "Agreement to Conditions Imposed" form as
established by the Director of Community Development.
(1) 1.4 This Conditional Use Permit and Design Review approval
shall become null and void unless building permits are
issued within eighteen (18) months of the date of this
Exhibit. Time extensions may be granted by the Planning
Commission if a written request is received by the
Community Development Department within thirty (30) days
prior to expiration.
(1) 1.5 Right-of-way dedication will be required for eight (8)
feet from the property !lne along ~ne Newport Avenue
frontage and ten (10) feet along the Irvine Boulevard
frontage on that portion of Lot 1 in Block 12 of Irvine's
Subdivision, as shown on a map recorded in Book 1, page
88 of miscellaneous maps, records of Orange County,
California, and further described as County of Orange
mmmmmmmmmmmmmNmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmm
SOURCE CODES
(1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT
(2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES
(3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY
(4) DESIGN REVIEW
*** EXCEPTION
Exhibit A - CUP 91-25 and DR 91-44
Resolution No. 2995
Page 2
Assessor's parcel no. 500-101-03. This dedication shall
be in the form of an Irrevocable Offer of Dedication
between the property owner and the City of Tustin and
will be accepted with an activation date of May 1, 2001.
Prior to issuance of any building permits, a legal
description and sketch of this right-of-way dedication
prepared by a California registered civic engineer or
licensed land surveyor along with a copy of the latest
vesting for the property must be approved by the City
Engineer and once executed shall be placed on file with
the Community Development Department and the Public Works
Department.
(1) 1.6 Additional street right-of-way dedication will be
required in the form of a corner cut-off in order to
facilitate the construction of the new handicap ramp per
City Standard No 124. Prior to issuance of building
permits, a legal description and sketch of this right-of-
way dedication prepared by a California registered civil
engineer or licensed land surveyor along with a copy of
the latest vesting for the property must be approved by
the City Engineer and once executed shall be placed on
file with the Community Development Department and the
Public Works Department.
(1) 1.7 Prior to issuance of building permits, copies of all
applicable approvals from outside agencies, such as South
Coast Air Quality Management Districts (AQMD), Orange
County Fire Department and Orange County Health
Department shall be placed on file with the Community
Development Department.
(!) 1.8 Ail Conditions of Approval for Sign Code Exception 91-01,
as set forth in Exhibit A of Resolution No. 2996, shall
apply to this Resolution.
PLAN SUBMITTAL
2.1 At building plan check the following shall be submitted:
(3) A.
Three (3) sets of construction plans and two (2)
sets of structural calculations, and Title 24
energy calculations. Requirements of the Uniform
Building Codes, State Handicap and Energy
Requirements shall be complied with as approved by
the Building Official.
Exhibit A - CUP 91-25 and DR 91-44
Resolution No. 2995
Page 3
(2) B.
(3)
(2) C.
(3)
(2) D.
(3)
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Preliminary technical detail and plans for all
utility installations including cable TV,
telephone, gas, water and electricity.
Additionally, a note on plans shall be included
stating that no field changes shall be made without
corrections submitted to and approved by the
Building Official.
Final grading and specifications consistent with the
site plan and landscaping plans and prepared by a
registered civil engineer for approval of the
Community Development Department.
A precise soils engineering report provided by a
soils engineer within the previous twelve (12)
months.
A separate 24" x 36" Street Improvement Plan will
be required showing all construction within the
public right-of-way, which shall include, but not
be limited to the following:
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Drive apron
Sidewalk
Domestic water service
Fire service (if required)
Curb drain (if utilized)
Sanitary sewer service
Curb and gutter
Construction or replacement of any missing or
damaged public improvements
Reconstruction of existing handicap ramp per
the current City Standard No. 124.
A gradinq plan delineating the following will be
required:
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Existing street elevations at key locations,
Final pad/finish floor elevations and key
elevations for all site grading. All final
pad elevations to be a minimum of 1.0 feet
above the base flood elevation as defined by
FEMA.
All flood hazard areas of record must be
shown.
Exhibit A - CUP 91-25 and DR 91-44
Resolution No. 2995
Page 4
SITE AND BUILDING CONDITIONS
(1) 3.1 Ail exterior colors to be used shall be subject to review
(4) and approval of the Director of the Community Development
Department. Ail exterior treatments shall be coordinated
with regard to color, materials and detailing and noted
on submitted construction plans and elevations shall
indicate all colors and materials to be used.
(1) 3.2 Note on final plans that a six foot high chain linked
fence shall be installed around the site prior to
building construction stages. Gated entrances shall be
permitted along the perimeter of the site for
construction vehicles.
(1) 3.3 Ail mechanical and electrical fixtures and equipment,
(4) other than the proposed VSAT antennae, shall be
adequately and decoratively screened. The screen shall
be considered as an element of the overall design of the
project and shall blend with the architectural design of
buildings. All telephone and electrical boxes shall be
indicated on the building plans and shall be completely
screened.
(1) 3.4 Ail block walls for the project and perimeter walls
(3) facing the site shall be consistent with main building
(4) treatments.
(4) 3.5 Ail lighting and building locking devices added to the
premises shall meet those requirements as set forth in
the Building Security Code.
(1) 3.6 The subject property shall be maintained in a safe, clean
(4) and sanitary condition at all times.
3.7 The proposed VSAT antennae shall be screened from view
and/or painted to match the canopy colors. The antennae
height shall not exceed the maximum height allowed in the
C-1 District (35 feet).
3.8 Adequate size trash enclosures with solid metal, self
closing, self latching gates shall be provided. Said
enclosure shall be screened by a decorative wall of a
minimum height of size feet and a dense type of
landscaping. The actual location of said enclosures and
types of screening shall be subject to approval by the
Director of Community Development.
Exhibit A - CUP 91-25 and DR 91-44
Resolution No. 2995
Page 5
3.9 A complete, detailed project sign program including
design, location, sizes, colors, and materials shall be
submitted for review and approval by the Community
Development Department.
The sign program shall include all project
identification, addressing and directional signs to autos
to proper access, parking and loading.
3.10 Ail utilities exclusively serving the site shall be
undergrounded in accordance with City Code Section
8402(a) and installed in accordance with applicable
Uniform Building and Electrical Code requirements.
3.11 The storage tank vent pipes shall be located in the
planting area located on the eastern side of the trash
enclosure.
LANDSCAPING~ GROUNDS AND HARDSCAPE ELEMENTS
(1) 4.1 Submit at plan check complete detailed landscaping and
(7) irrigation plans for all landscaping areas consistent
with adopted City of Tustin Landscaping and Irrigation
Submittal Requirements. Provide summary table applying
indexing identification to plant materials in their
actual location. The plant table shall list botanical
and common names, sizes, spacing, actual location and
quantity of the plant materials proposed. Show planting
and berming details, soil preparation, staking, etc. The
irrigation plan shall show location and control of
backflow prevention devices, pipe size, sprinkler type,
spacing and coverage. Details for all equipment must be
provided. Show all property lines on the landscaping and
irrigation plan, public right-of-way areas, sidewalk
widths, parkway areas, and wall locations. The
Department of Community Development may request minor
substitutions of plant materials or request additional
sizing or quantity materials during plan check. Note on
landscaping plan that coverage of landscaping and
irrigation materials is subject to field inspection at
project completion by the Department of Community
Development.
(7) 4.Z The submitted landscaping plans at plan check shall
(6) reflect the following requirements:
A. Turf is unacceptable for grades over 25%. A
Exhibit A - CUP 91-25 and DR 91-44
Resolution No. 2995
Page 6
combination of planting materials must be used,
ground cover on large areas along is not
acceptable.
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Provide a minimum of one 15 gallon size tree for
every 30 feet of property line on the property
perimeter and five 5 gallon shrubs.
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Shrubs shall be a minimum of 5 gallon size and
shall be spaced a minimum of 5 feet on center.
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Ground cover shall be planted between 8 to 12
inches on center.
Up along fences and/or walls and equipment areas,
provide landscaping screening with shrubs and/or
vines and trees on plan check drawings.
Fe
Ail plant materials shall be installed in a healthy
vigorous condition typical to the species and
landscaping must be maintained in a neat and
healthy condition, this will include but not be
limited to trimming, mowing, weeding, removal of
litter, fertilizing, regular watering, or
replacement of diseased or dead plants.
Ge
A thickly planted landscape shall be installed
along the edge of the project. Use natural
landscaping and other architectural detailing and
use of materials to border structured parking areas
and soften their visual appearance.
(4) 4.3 Ail walls, fences or landscaping should be designed to
provide adequate sight distance for vehicles at all
in~ersectlons.
(4) 4.4 Indicate lighting scheme for project, note locations of
all exterior lights and types of fixtures, lights to be
installed on building shall be a decorative design. No
lights shall be permitted which may create any glare or
have a negative impact on adjoining properties. The
location and types of lighting shall be subject to the
approval of the Director of Community Development.
FEES
(1) 5.~ Prior to issuance of any building permits, payment shall
Exhibit A - CUP 91-25 and DR 91-44
Resolution No. 2995
Page 7
(3)
(6)
be made of all required fees including:
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Major thoroughfare and bridge fees to Tustin Public
Works Department.
Be
Any additional Orange County Sanitation District
No. 7 sewer connection fees to the Community
Development Department.
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Ail applicable building and grading plan check and
permit fees to the Community Development
Department.
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Orange County Fire Department fees to the Community
Development Department.
Ee
School facilities fee to the Tustin Unified Sckool
District, as applicable.
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