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RESOLUTION NO. 2445
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TUSTIN, AUTHORIZING CONSTRUCTION OF A 2,680 SQUARE
FOOT MINI-MARKET IN CONJUNCTION WITH A RETAIL GASOLINE
SALES STATION AT 14121 NEWPORT AVENUE.
The Planning Commission of the City of Tustin does hereby resolve as
fol 1 ows:
I. The Planning Commission finds and determines as follows:
A. A proper application, (Use Permit No. 87-24) has been filed on
behalf of Circle K to request authorization to construct a 2,680
square foot mini-market in conjunction with a gasoline sales
station at 14121 Newport Avenue.
B. A public hearing was duly called, noticed and held on said
application.
C. Establishment, maintenance, and operation of the use applied for
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, as evidenced by the following findings:
1. The use proposed is a conditionally permitted use in the
C-1 Retail Commercial Zone, and conforms to all development
standards and regulations of said Zone as they pertain to
parking, circulation, structural setbacks, lot coverage,
and authorized land use.
2. The use applied for is in conformance with the Tustin
General Plan.
3. The use proposed is compatible with the surrounding uses
based upon its design which buffers adjacent residential
uses from the project and its location within a
predominately commercial area.
D. The establishment, maintenance, and operation of the use applied
for 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, and should be
granted.
Proposed development shall be in accordance with the development
policies adopted by the City Council, Uniform Building Codes as
administered by the Building Official, Fire Code as administered
by the Orange County Fi re Marshal and street improvement
requirements as administered by the City Engineer.
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Resolution No. 2445
page two
Fo
Ge
A Negative Declaration has been approved in conformance with the
Ca 1 i forni a Environmental Qual i ty Act.
Final development plans shall require the review and approval of
the Community Development Department.
II.
The Planning Commission hereby approves Conditional Use Permit No.
87-24 to authorize construction of a 2,680 square foot mini-market in
conjunction with a retail gasoline sales station at 14121 Newport
Avenue subject to the conditions contained in the attached Exhibit A.
PASSED AND ADOPTED at a regulaj~meettng of the Tustin Planning Commission,
held on the 26th day of October, 1987.
Chairman
EXHIBIT A
CONDITIONS OF APPROVAL
RESOLUTION NO. 2~5
GENERAL
1.1 The proposed project shall substantially conform with the submitted plans for
the project date stamped October 26, 1987 on file wi th the Community
Development Department, as herein modified, or as modified by the Director of
Community Development Department in accordance with this exhibit.
1.2 Unless otherwise specified, the conditions contained in this exhibit shall be
complied with prior to the issuance of any building permit for the project,
subject to review and approval by the Community Development Department.
1.3 This Conditional Use Permit approval shall be become null and void unless
building permits are issued within twelve (12) months of the date on this
exhibit and substantial construction is underway.
1.4 At building plan check, construction plans, structural calculations, and title
24 energy calculations shall be submitted. Requirements of the Uniform
Building Codes, State Handicap and Energy Requirements shall be complied with
as approved by the Building Official.
1.5 At building plan check, provide preliminary technical details 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.
1.6 Applicants shall satisfy all Public Works Department requirements including
but not limited to the following:
A. The final site plan shall be standardized and reflect all appropriate
City standard drawing numbers. The developer shall construct all mi ssing
or damaged street improvements to said development per the City of Tustin
"Minimum Design Standards of Public Works" and "Street Improvement
Standards". This work shall consist of, but is not limited to, curbs and
gutters, sidewalks, drive apron, and street pavement.
Be
Provision of additional right-of-way dedication at the curb return to
accommodate the current revised handicap ramp standards.
C. The applicant shall guarantee that connections to the sanitary sewer
system are provided as required by Sanitation District No. 7.
1.8 Applicant shall comply with all requirements of the Orange County Fire Chief
including required fireflow and installation, where required, of fire hydrants
subject to approval of the Fire Department, City of Tustin Public Works
Department and compliance with all requirements pertaining to construction.
Exhi bi t A
Resolution No. 2445
Page two
1.9 Hours of operation are unlimited upon approval of this permit, however, should
future problems occur regarding excessive noise or light in the late night or
early morning hours, the Planning Commission reserves the right to hold a
public hearing for consideration of revision of the hours of operation.
1.10 Prior to issuance of any building permits, payment shall be made of all
required fees including:
A. Major thoroughfare and bridge fees to Tustin Public Works
Department.
B. Sanitary sewer connection fee to Orange County Sanitation District.
C. Grading planchecks and permit fees to the Community Development
Department.
D. All applicable Building plancheck and permit fees to the Community
Development Department.
E. New development fees to the Community Development Department.
F. School facilities fee to the Tustin Unified School District subject
to any agreement reached and executed between the District and the
developer.
1.11 The applicant shall sign and return an Agreement to Conditions Imposed form
prior to issuance of Building permits.
1.12 Alcoholic beverage sales at this location is not permitted pursuant to
Ordinance No. 981.
1.13 Outdoor storage prohibited at this location.
1.14 The base of the existing pole sign shall be treated with a mortar wash and
pal nted wi th the proposed bui 1 ding wal 1 color.
SIll~ AND BUILDING CONDITIONS
2.1 Note on plans that all exterior colors to be used shall be subject to a review
and approval of the Director of the Community Development Department. All
exterior treatments must 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.
2.2 Note on 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.
2.3 All rooftop mechanical or electrical fixtures and equipment shall be
screened. All telephone and electrical boxes must be indicated on the
building plans and shall be completely screened. Electrical transformers,
where provided and wherever possible shall be located toward the interior of
the project maintaining a sufficient distance from frontage of the project.
Exhibit A
Resolution No. 2445
Page three
2.4 Two 'No Loitering' signs shall be posted at the store entrance.
2.5 Permanent or temporary signs shall not be placed in store windows. Please
revise notes on Sheet A-3 to read "No temporary or permanent signs are
authorized for display in store windows."
2.6 Parking shall be maintained at a ratio of one space for every 200 square feet
of building area.
2.7 All exterior lighting shall be installed so that rays do not direct light unto
any surrounding properties.
2.8 Two "entrance only" signs shall be posted on the northerly Newport Avenue
entrance. One "Right turn only" sign shall be placed on the southerly Newport
driveway exit.
~ANDSCAPING, GROUNDS AND HARDSCAPE ELEMENTS
3.1 Final landscaping plans shall address the control of fertilizers, pesticides,
and irrigation water runoff.
3.2 Future formal submittals shall substantially conform to the submitted
landscaping concept plan on file with the Department of Community Development,
as herein and modified or as modified by the Director of Community Development
pursuant to the City's Design Review procedures.
The Department of Community Development may request minor substitutions of
plant materials or request additional sizing or quanity materials during
building plan check. Note on landscaping plan that coverage of landscaping
irrigation materials is subject to field inspection at project completion by
the Department of Community Development.
3.4 The submitted landscaping plans at plan check must reflect the following
requirements:
a)
Turf is unacceptable for grades over 25% a combination of planting
materials must be used, ground cover on large areas alone is not
acceptable.
b) 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.
3.5 All newly planted trees shall be staked according to City standards.
3.6 Shrubs shall be a minimum of 5 gallon size and shall be spaced a minimum of 8
feet on center when intended as screen planning.
3.7 Ground cover shall be planted between 8 to 12 inches on center.
Exhibit A
Resolution No. 2445
Page four
3.8 When I gallon plant sizes are used the spacing may vary according to materials
used.
3.9 Up along fences and or walls and equipment areas provide landscaping screening
with shrubs, and or vines and trees on plan check drawings.
3.10 All plant materials shall be installed in a healthy vigorous condition typical
to the species.
3.11 Landscaping must be maintained in a neat and healthy condition, this will
include but not be limited to triming, mowing, weeding, removal of litter,
fertilizing, regular watering, or replacement of disease or dead plants.
3.12 In irrigation areas the irrigation controller is to be enclosed in a lockable
housing. Design irrigation systems to provide sufficient coverage of avoiding
water overspray on buildings and sidewalks. Note on this requirement on plan
check drawl ngs.
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, PENNI FOLEY, the undersigned, hereby certify that I am the Recording
Secretary of the.Planning Commission of the City of Tustin, California; that
Resolution No. ~/~/5~ was duly passed and adopted at a_regular meeting of
the Tustin Planning Commission, held on the ~'~¢~ day of _~Z5~ ,
198 7 ·
PENNI FOLEY
Recording Secretary