HomeMy WebLinkAbout07 CUP 96-037 APPEAL 03-03-97NO. 7
3-3-97
DATE:
MARCH 3, 1997
inter-Com
lO' WILLIAM A. HUSTON, CITY MANAGER
FROM' COM/4%INITY DEVELOPMENT DEPARTMENT
SUSJSCl: RESOLUTION OF DENIAL FOR APPEAL OF CONDITIONAL USE PERMIT 96-
037 AND DESIGN REVIEW 96-051 (PLAZA LAFAYETTE PARKING LOT
......... Till
On February 18, 1997 the City Council reversed the Planning
Commission's decision and denied Conditional Use Permit 96-037 and
Design Review 96-051 and directed staff to prepare a resolution for
their consideration at the March 3, 1~97 City Council meeting.
Resolution No. 97-16 contains the Council's findings for denying
the project without prejudice. If negotiations among the property
owners for the purchase of the site from Southern Pacific Railroad
by the residential property owners are unsuccessful, the applicant
would have the option to resubmit the project for review by the
City's Zoning Administr~ator. If_the project_or a-modified simil~ar
PrOjeCt is resubmitted-in the future, staff will ensure that the'
modifications address the Council's concerns.
Scott Reekstin
Associate Planner
SCR: br: kbm\ cup96037, den
Elizabeth A. Binsack
Community Development. Director
Attachment: Resolution No. 97-16
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RESOLUTION NO. 97-16
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN REVERSING THE PLANNING COMMISSION'S
DECISION AND DENYING, WITHOUT PREJUDICE,
CONDITIONAL USE PERMIT 96-037 AND DESIGN
REVIEW 96-051, A REQUEST TO ESTABLISH A
PARKING LOT ON A VACANT 50' BY 314' PORTION OF
AN ABANDONED RAILROAD RIGHT-OF-WAY LOCATED TO
THE NORTH OF THE PLAZA LA FAYETTE SHOPPING
CENTER AT 13031 NEWPORT AVENUE AND TO THE WEST
OF THE WOOD CREST APARTMENTS AT 12901-12943
NEWPORT AVENI3E.
The City Council of the City of Tustin does hereby
resolve as follows:
The City Council finds and determines as follows:
A.
That a proper application, Condi~tional Use
Permit 96-037 and Design Review 96-051, was
filed by C.L. Burnett to authorize the
establishment of a parking lot on a vacant 50'
by 314' portion of an abandoned~ ra~ilroad
right-of-way located to the north of the Plaza
.... L~_?ayette shopping center at 13031 ~Newport.
Avenue and to the .... west of' the Woodcrest
Apartments at 12901-12943 Newport Avenue.
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That a public hearing was duly called, noticed
and held on said application on December 3,
1996 by the Zoning Administrator. The Zoning
Administrator adopted Zoning Administrator
Action 96-011, approving the request to
establish the subject parking lot.
C ·
That on December 10, 1996, Sharon Ramage,
owner of the Woodcrest Apartments, submitted
an appeal of the Zoning Administrator's action
on this project.
m o
That a public hearing was duly called, noticed
and held on said appeal by the Planning
Commission on January 13, 1997. The Planning
Commission adopted Planning Commission
Resolution No. 3507, upholding the Zoning
Administrator's action and approving
Conditional Use Permit 96-037 and Design
Review 96-051.
E .
That on January 17, 1997, Nancy D. Ramage,
G.R. Ramage, Jr. MD, Sharon Ramage and G.R.
Ramage, III, the owners of the Woodcrest
Apartments, submitted an appeal of the
Planning Commission's action on this project.
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Resolution No. 5
Page 3
.
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Height, bulk and area of buildings.
Setbacks and site planning.
Landscaping, parking area design and
traffic circulation.
.
Location, height and
exterior illumination.
standards of
.
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Location and method of refuse storage.
Physical relationship of proposed
improvements to existing structures in
the neighborhood.
.
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Appearance and design relationship of
proposed improvements to existing
structures and possible future structures
in the neighborhood and public
thoroughfares.
Development Guidelines 'and criteria as
adopted by the City Council.
This project is statutorily exempt pursuant to
Section 15270 of the California Environmental .......
Quality Act.
If negotiations among the property owners for
the purchase of the site from Southern Pacific
Railroad by the residential property owners
are unsuccessful, the applicant would have the
option to resubmit the project for review by
the City's Zoning Administrator. However, the
resubmitted project shall be modified to
address the Council's concerns.
II. The City Council hereby reverses the Planning
21 Commission's decision and denies, without
prejudice, Conditional Use Permit No. 96-037 and
22 Design Review 96-051, a request to establish a
parking lot on a vacant 50' by 314' portion of an
23 abandoned railroad right-of-way located to the
north of the Plaza La Fayette shopping center at
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Resolution No. 97-io
Page 2
F o
That a public hearing was duly called, noticed
and held on said appeal by the City Council on
February 18, 1997.
G o
That the proposed use is allowed within the R-
3, Multiple-Family Residential District with
the approval of a Conditional Use Permit.
H o
That establishment, maintenance, and operation
of a parking lot in a residential district to
serve an adjacent commercial shopping center
may be detrimental to the health, safety,
morals, comfort, or general welfare of 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:
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Without use restrictions, the parking lot
expansion area has the potential to
create noise and other nuisance impacts
on adjacent properties.
The use of the employee parking 10t
between the hours of 10 p.m. and 7 a.m.
has the potential to disturb the comfort
and general welfare of persons residing
adjacent to the proposed use.
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An unsecured employee parking lot area
woUld permit access to non-employees,
which could increase the potential for
noise impacts on adjacent properties.
Although the use of the site as a
commercial, parking lot may be an
appropriate use, the use of the site as
an expansion of the adjacent residential
uses would be a more optimal use of the
site than use as a commercial parking
lot.
I o
Pursuant to Section 9272 of the Tustin
Municipal Code, the City Council finds that
the location, size, architectural features and
general appearance of the parking lot
expansion area have the ability to 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 City Council has
considered at least the following items:
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Resolution No. 97-±6
Page 4
13031 Newport Avenue and to the west of the
Woodcrest Apartments at 12901-12943 Newport Avenue.
PASSED AND ADOPTED at a regular meeting of the City
Council, held on the 3rd day of March, 1997.
Tracy Wills Worley
Mayor
Pamela Stoker
City Clerk
STATE OF cALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I,_pamela Stoker, City Clerk and ex-officio Clerk of the
City Council of the City of Tustin, California, do hereby
certify t'hat°the whole number of the members of the City
Council of the City of Tustin is five; that the above and
foregoing Resolution No. 97-16 was duly passed and
adopted at a ~egular meeting of the Tustin City Council,
held on the 3rd day of March, 1997, by the following
vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
PAMELA STOKER
CITY CLERK