HomeMy WebLinkAboutPC RES 2908 ]
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RESOLUTION NO. 2908
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, CONDITIONALLY APPROVING AN
AMENDMENT TO DESIGN REVIEW 87-37, DESIGN
REVIEW 90-39 AND CONDITIONAL USE PERMIT 90-26
TO ALLOW CONSTRUCTION OF AN AUTOMOTIVE SERVICE
STATION WITH SELF-SERVICE GASOLINE SALES AND
AN ACCESSORY CONVENIENCE STORE, AND A SIGNAGE
PROGRAM LOCATED AT 2740 BRYAN 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 proper applications, (Amendment to Design
Review 87-37, Design Review 90-39 and
Conditional Use Permit 90-26), were filed by
Donahue Schriber and Chevron USA, Inc.
requesting approval of a reduction in the
required setbacks along a portion of Myford
Road and construction of an automotive service
station with self-service gasoline sales and
an accessory convenience store, and a signage
program located at 2740 Bryan Avenue, in the
Tustin Market Place.
Be
That a public hearing was duly called, noticed
and held on said application on June 10, 1991.
Co
Pursuant to Section 9272 of the Tustin
Municipal Code, the Commission finds that the
location, size, architectural features and
general appearance of the Amendment to Design
Review 87-37, Design Review 90-39 and
Conditional Use Permit 90-26 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 such findings, the Commission has
considered at least the following items:
1. Height, bulk and area of buildings.
2. Setbacks and site planning.
3. Exterior materials and colors.
4. Type and pitch of roofs.
·
Size and spacing of windows, doors and
other openings.
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Resolution No. 2908
Page 2
De
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Towers, chimneys, roof structures,
flagpoles, radio and television antennae.
·
Landscaping, parking area design and
traffic circulation.
·
Location, height and standards of
exterior illumination.
·
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. Proposed signage.
14. Development Guidelines and criteria as
adopted by the City Council.
That establishment, maintenance, and operation
of an automotive service station will not,
under the circumstances of this case, be
detrimental to the health, safety, morals,
comfort, or general welfare of the persons
residing or working in the neighborhood of
such proposed use, evidenced by the following
findings:
Surrounding commercial land uses are
compatible with the proposed service
station use.
·
The site is adequate in size, location
and topography to accommodate the
proposed use and meets all development
standards of the East Tustin Specific
Plan.
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Resolution No. 2908
Page 3
·
Ingress to and egress from the site and
internal vehicular circulation have been
designed to maximize public safety.
·
On-site traffic concerns have generally
been mitigated through the location and
design of the pump islands, cashier and
parking/loading areas.
·
The orientation of the service station
structures toward the interior of the
site minimize noise impacts on nearby
properties.
·
Residential development across Bryan
Avenue is located sufficient distance
from the site and is oriented so that the
impacts of noise from the service station
are minimized.
·
The "self-service" operation of the
gasoline sales and lack of vehicle repair
or maintenance activities minimize risk
of upset to public welfare.
·
Potential adverse impacts of the
overspill of night lighting from the site
on to adjacent properties has been
mitigated through conditions of approval.
·
Plant materials, berms and other
landscape elements provide aesthetic
screening of the site.
E·
That the establishment, maintenance and
operation of the proposed use will not be
injurious or detrimental to the property and
improvements in the neighborhood of the
subject property, nor to the general welfare
of the City of Tustin as stated in Section D.
II. The Planning Commission hereby approves an
Amendment to Design Review 87-37, Design Review 90-
39 and Conditional Use Permit 90-26 allowing
required setbacks to be reduced along a portion of
Myford Road and construction of an automotive
service station with self-service gasoline sales
and an accessory convenience store, and a signage
program at 2740 Bryan Avenue in the Tustin Market
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Resolution No. 2908
Page 4
Place, subject to the conditions contained in
Exhibit A, attached hereto.
PASSED AND ADOPTED at a regular meeting of the Tustin
Planning Commission, held on the 10th day of June, 1991.
Chairman
KATHLEEN CLANCY-
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.
2908 was duly passed and adopted at a regular meeting of
the Tustin Planning Commission, held on the 10th day of
June, 1991.
KATHLEEN CLANCY
Recording Secretary~
EXHIBIT A
AMENDMENT TO DESIGN REVIEW 87-37t
DESIGN REVIEW 90-39 AND CONDITIONAL USE PERMIT 90-26
CONDITIONS OF APPROVAL
RESOLUTION NO. 2908
GENERAL
(1) 1.1 The proposed project shall substantially conform with the
submitted plans for the project date-stamped June 10,
1991, 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 may also approve minor
modifications to the plans if such modifications are
determined to be consistent with 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.
(5) 1.3 The project shall comply with all applicable conditions
of approval of Tract No. 13557.
(1) 1.4 Design Review approval shall become null and void unless
all building permits are issued within eighteen (18)
months of the date of this Exhibit and substantial
construction is underway.
(1) 1.5 The applicants shall sign and return Agreement to
Conditions Imposed forms prior to issuance of building
permits.
PLAN SUBMITTAL
2.1 At building plan check the following shall be submitted:
(3) A.
Construction plans, 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.
SOURCE CODES
(1) STANDARD CONDITION (5) RESPONSIBLE AGENCY
(2) CEQA MITIGATION REQUIREMENTS
(3) UNIFORM BUILDING CODE/S (6) LANDSCAPING GUIDELINES
(4) DESIGN REVIEW (7) PC/CC POLICY
*** EXCEPTIONS
Exhibit A
Resolution No. 2908
Amend to DR 87-37, DR 90-39 and CUP 90-26
Page 2
(2)
(3)
Be
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.
(2)
(3)
C.
Final grading and specifications consistent with the
site plan and landscaping plans, prepared by a
registered civil engineer for approval of the
Community Development Department and based on the
Orange County Surveyor's bench mark datum.
(2)
(3)
De
A precise soils engineering report provided by a
soils engineer within the previous twelve (12)
months as determined by the Building Official.
A soil study, conducted by a licensed soils
engineer, to determine the presence of any existing
soil contamination; especially in the area of the
proposed underground fuel tanks.
(4) 2.2 Architectural plans submitted for plan check shall bear
(5) the approval of the project architect for the Tustin
Market Place.
SITE kND BUILDING CONDITIONS
(1) 3.1 Ail exterior accent colors to be used shall be subject to
review and approval of the Director of the Community
Development Department. All exterior treatments shall be
coordinated with regard to color, materials and detailing
and clearly noted on submitted construction plans and
elevations.
(4) 3.2 Provide exact details for exterior doors and window types
on construction plans.
(4) 3.3 Provide plans and details for all lighting fixtures.
Note locations on site plan and building elevations.
Fixtures on building shall be of a decorative design.
Freestanding fixtures shall be white painted-metal mast
with a sandblasted, exposed aggregate base to match
existing fixtures in the Tustin Market Place.
Exhibit A
Resolution No. 2908
Amend to DR 87-37, DR 90-39 and CUP 90-26
Page 3
(4) 3.4 No lights shall be permitted which may create glare or
have a negative impact on adjoining or nearby properties.
The location and types of lighting shall be subject to
the approval of the Director of Community Development.
(4) 3.5 Prior to issuance of a Certificate of Occupancy, night
lighting levels shall be evaluated and approved by the
Director of Community Development.
(4) 3.6 Ail exposed metal flashing or trim shall be painted to
match the building.
(1) 3.7 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) 3.8 Exterior elevations of the building shall
(4) indicate any fixtures or equipment to be located on the
roof of the building and equipment heights. The building
parapet shall be an integral part of the building design,
and shall screen all roof mounted equipment. All roof-
mounted equipment and vents shall be a minimum of six
inches below the top of the parapet.
(4) 3.9 Ail roof access shall be provided from the inside of the
building.
(4) 3.~0 No exterior downspouts shall be permitted; all roof
drainage shall utilize interior piping, but may have
exterior outlets at base of building.
(4) 3.~1 Indicate the location of all exterior mechanical
equipment. Gas and electric meters shall either be
enclosed in the building or boxed behind a screen wall
designed consistent with the main building.
(4) 3.~2 Indicate the location of vents for underground gasoline
storage tanks. The location of such vents shall be
subject to approval of the Director of Community
Development.
(4) 3.~3 Trash enclosure walls and gates shall be painted the
approved Market Place "terra cotta" color, to match
existing Phase II buildings.
Exhibit A
Resolution No. 2908
Amend to DR 87-37, DR 90-39 and CUP 90-26
Page 4
(4) 3.14 Provide construction details of all corrugated trash and
equipment enclosure gates. All such gates shall be
painted to match adjacent walls.
(4) 3.15 Note on plans that outdoor storage shall be prohibited.
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. Said plans shall bear the
approval of the landscape architect (POD/Sasaki) for the
Tustin Market Place.
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 (located in inconspicuous area), pipe size,
sprinkler type, spacing and coverage. Details for all
equipment shall 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. Adequacy of coverage of
landscaping and irrigation materials is subject to field
inspection at project completion by the Department of
Community Development.
(7) 4.2 The submitted landscaping plans at plan check shall
reflect the following requirements:
ae
Shrubs shall be a minimum of 5 gallon size and
shall be spaced a minimum of 8 feet on center when
intended as screen planting.
Be
Ground cover shall be planted between 8 to 12
inches on center.
Ce
When 1 gallon plant sizes are used, the spacing may
vary according to materials used.
Exhibit A
Resolution No. 2908
Amend to DR 87-37, DR 90-39 and CUP 90-26
Page 5
DI
Eo
Indicate plant materials for the outdoor waiting
area. Provide detailed planting and irrigation
details.
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.
SIGNAGE
(4) 5.1 Applicant shall submit detailed plans for business
identification monument and wall signs and logos. Said
plans shall indicate the sign area, materials, colors,
illumination and mounting details, and shall comply with
all of the applicable requirements of the Tustin City
Code and Tustin Market Place Sign Program, as revised
(October 8, 1990).
(4) 5.2 Business identification monument signs shall comply with
the following standards:
A maximum of one (1) double-faced monument sign per
street frontage
Maximum 32-square feet per face
Maximum height of six feet above grade or four feet
above top of planter or landscape mound
(4) 5.3 Business identification wall signs, including logos,
shall comply with the following standards:
Front Elevation - 25 percent of the wall area, not
to exceed 64-square feet
Side Elevations - 5 percent of wall area, not to
exceed 25-square feet
Rear Elevation - 5 percent of wall area, not to
exceed 25-square feet
(4) 5.4 Canopy end elevations shall be allowed only one (1)
business identification logo.
(4) 5.5 Ail incidental signs for this project including entry,
exit, yield and handicap signs, shall be designed
Exhibit A
Resolution No. 2908
Amend to DR 87-37, DR 90-39 and CUP 90-26
Page 6
consistent with such signage used elsewhere in the Tustin
Market Place, subject to review and approval by the
Community Development and Public Works Departments.
(4) 5.6 No sign component shall flash, blink, rotate or be
otherwise animated. Such animation is strictly
prohibited.
FIRE DEPARTMENT
(5) 6.1 Prior to the issuance of any building permits for
combustible construction, evidence that a water supply
for fire protection is available shall be submitted to
and approved by the Fire Chief. Fire hydrants and access
roads shall be in place and operational to meet
requirements and fire-flow prior to commencing
combustible materials.
(5) 6.2 The building shall meet all requirements of the Uniform
Fire Code, Articles 79 and 80, for flammable/combustible
liquid storage, use and dispensing.
(5) 6.3 A "blue dot" fire hydrant marker shall be maintained, if
located on private property.
NOISE
(1) 7.1 Ail requirements of the City's Noise Ordinance (Chapter
6 of the Municipal Code) shall be met at all times.
FEES
(6) 8.1 Prior to issuance of any permits, the applicant shall pay
the following fees:
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De
Ail applicable plan check and permit fees
New development fees
School facilities fees to the Tustin Unified School
District.
Sewer and water fees to Irvine Ranch Water District
Exhibit A
Resolution No. 2908
Amend to DR 87-37, DR 90-39 and CUP 90-26
Page 7
PR:nm
F.
Major thoroughfare and bridge fees
Within forty-eight (48) hours of approval of the
subject project, the applicant shall deliver to the
Community Development Department, a cashier's check
payable to the COUNTY CLERK in the amount of $25.00
(twenty-five dollars) pursuant to AB 3185, Chapter
1706, Statutes of 1990, enabling the City to file
the Notice of Determination required under Public
Resources Code Section 21152 and 14 Cal. Code of
Regulations 15094. If within such forty-eight (48)
hour period the applicant has not delivered to the
Community Development Department the above-noted
check, the approval for the project granted herein
shall be considered automatically null and void.
In addition, should the Department of Fish and Game
reject the Certificate of Fee Exemption filed with
the Notice of Determination and require payment of
fees, the applicant shall deliver to the Community
Development Department, within forty-eight (48)
hours of notification, a cashier's check payable to
the COUNTY CLERK in the amount of $850 (eight
hundred-fifty dollars) pursuant to AB 3158, Chapter
1706, Statutes of 1990. If this fee is imposed,
the subject project shall not be operative, vested
or final unless and until the fee is paid.