HomeMy WebLinkAboutOB 5 CAR WASH 10-02-89w,r
AGE.iND/4
` ��..mwlmw� r
ATE:
TO:
FROM:
SUBJECT:
RECOMMENDATION
OCTOBER 2, 1989
WILLIAM A. HUSTON, CITY MANAGER
C0194UNITY DEVELOPMENT DEPARTMENT
ULU DU3111GJJ
NO. 5
10-2-89
Inter - Com
CAR WASH AT BENT POWELL CHEVRON/13052 NEWPORT AVE./VICTORY OUTREACH
CHURCH
Pleasure of the City Council.
BACKGROUND
In addition to the background transmitted at the September 18th City Council meeting
(attached), the City Council on September 18th requested that the issue of a fee
waiver for Victory Outreach be agendized for City Council discussion.
The Victory Outreach Church is proposing to operate an outdoor carwash every Friday
at Bent Powell Chevron at 13052 Newport Avenue. Because this activity will require a
Conditional Use Permit and due to the nature of the group, Victory Outreach requests
that the processing fee be wa-i ved. Upon City Council waiver of the fees, an
application and public hearing before the Planning Commission will be required. Any
Planning Commission decision on the matter would be subject to appeal. by the City
Council.
ABethcoemann,
Associate Planner
Attachments
CAS:BS:kbc
r st ne A. ShingletW,
Director of Community Development
r
ATE:
TO:
FROM:
SUBJECT:
SEPTEMBER 18, 1989
WILLIAM HUSTON, CITY MANAGER
COMMUNITY DEVELOPMENT STAFF
CAR WASH IN VIOLATION OF CITY CODE/TUSTIN NEWS 9/7/89
On June 30, 1989 the Community Development received a complaint from the Police
Department regarding a continuing outdoor car wash at Bent Powell Chevron at
13052 Newport Avenue.' The corresponding code enforcement action was implemented
with a letter for unauthorized temporary uses on 7/14/89.
After receiving the letter, the Powel 1 ' s phoned and were informed of the
temporary use policy ( see attached) . At this point, the case was considered
closed on 7/24/89.
On 9/7/89, George Stewart wrote an article in the Tustin News representing that
the church -sponsored halfway house (.Victory Outreach Church) felt that the
policy was unfair. The article stated that the group would be seeking relief
from_ the City Council at the September 18th City Council meeting. However,
neither Bent Powell Chevron nor Victory Outreach church has applied for a
Temporary Use Permit pursuant to Section 9270 (c) . Once the permit is denied by
the Community Development Department, the Planning Commission becomes the
appealing body. The City Council,, however, would have the ability to waivefees
for processing the Temporary Use _Penni t.._ .-The fee for a Temporary Use Permit is
currently $75.00 plus $50.00 for a refundable bond to return the property to its
previous condition.
Beth Sch emann
Associate Planner
CAS : BS : j k
Attachments
i
ristine Shi.ngleton
Director of Community D velopment
CL
Oty ofTustin
Community Development Department
July 14, 1989
Mr. Bent Powell _
Bent Powell Chevron
13052 Newport Avenue
Tustin, CA 92680
SUBJECT: OUTDOOR CAR WASH AT 13052 NEWPORT AVENUE, TUSTIN
Dear Mr. Powell:
I t has come to the attention of this office through routine field inspections that
outdoor car washes.. -are.. being -conducted -at the Chevron Station. at 13052 Newport
Avenue. This activity requires a Temporary Use Permit. Temporary Use Permit
applications may be obtained in the Community Development Department at City Hall.
300 Centennial Way. '
`-� We would appreciate your cooperation in this matter. Should you have any
questions, please contact me at (714) 544 -8890, -extension 257.
Sincerely,
Beth Schoemann
Associate Planner
BS: jk
300 Centennial Way o Tustin, California 92680 • (714) 544.8890
l \Y1\ U \.
RECEIVING DEPARTMENT D R CEI ED
ECEIVDEPARTMENT REFERRED TO
ADDRESS OF COMPLAINT QA
NATURE OF COMPLAINT WA. W\ ))0,)( C c,r waJ�
I:
REQUESTED ACTIONS G
COMPLAI NTANT J C"I\k - ` 1 k n � { P `r
`RESS ��� ��� Q �'� CA v
.,-,IONE NUMBER
FOLLOW UP ACTIONS
DEPARTMENT DATE ACTION
1
Nk QJ S -N 'fYc m AIN -4., 1 1(
�t-4� �j A A7)
r- CLOSED _�„ u `qc,
MARKS --
SIGNED:
fit, #A.,1 111th 11. I..'rilli,Ali
TUSH CT ~ODE ZONING
9270b(e �,
(e) Presentation of live entertainment, (Ord. No. 406
(fi Dish antennae located in residential zones exceeding three (3) feet
located other than in rear in diameter and
� Yard areas obscured from pub
No. 926, Sec. 2124-85) lic'right-of-way view. (Ord.
(g) Dinh antennae located in all zones other than residential, exceeding three (3) feet in
r diaaneter and not fully screened or otherwise
(Ord. No. 926, Sec, 2, 24-85)obscured from public right-of-way view.
c Approval of Temporary -Uses .
The Planning Commission may grant temporary
by following the Po m'Y uses for a period of up to six (6) months
e procedures herein described for the issuance of use permits. however, that a permit of one (1) month duration P Provided,
on approval of the other City departments for may be issued by the Planning Department,
stands and Christmas tree lots. (pial. No. 3629 Sec.1 s such as, but not limited to, fireworks
Such action by the Planning Departiment for temporary
less may be granted by the Community Development Director, use permit of one (1) month or
hearing or notice. ector, and shall not require a public
The fee for as application for such temporary
($25.00)9 payable at the time of submission c use permit shall be twenty-five aollar•s
of application.
,�1,;�+v�,,c, Said fee may be waived or modified in those instances where `c � modified on a Business License Fee, (Ord, No. 501) re a waiver has been granted, or.
W 9271 SPECIFIC PROVISIONS
a Accessory Buildings
Accessory buildings sha11 be construct
ain building. (Ord. No. .157, Sec. 5.4) ed
with, or.subsequent to the construction of the
. m
b Public Utilities
Public utility distribution and transmission line towers
for distribution of gss, water, electricity and tele t Poles and underground facilities
districts without limitation as to height or without a communications shall be allowed in all
obtaining a use permit thereof and the
Provisions of this Chapter shall not be construed to l
aintenance and operation imit or interfere with the installation,
. mof public, utility pipelines and electric transmission
communication lines when located in accordance with thea or telephone
the Public Utilities Co applicable rules and regulations of
mmission of the State of California and within ri hts-of-
ments, franchise, or ownership of such public utilities. (Ord. No, g Way, ease-
• c Temporary Real Estate Offices 157, Sec. 5.5)
The following temporary uses shall be permitted in any district:
(1) Model homes and their garages used as Offices' solelfo
a'subdivision on the following conditions: Y r the first sale of homes within
REV: 7-85
LU -2-58
CURREWT TEMPORARY USE PERMIT POLICY
irruennAnv evg%iio atilt ftas-wmftw— - --
1, One display per building or street frontage,**:
2. Banners must be fixed to the building. hung below the roof line.
3. Banners must be' of a cloth material and professionally made.
4. Decorative flags, bunting. etc., shall only be permitted for original
grand openings for a period of 30 days.
5. Advertising for purposes other than grand openings is restricted to
periods of up to 30 days. Display of banners should be for special events
only, and not for each promotion a na ti ona'Ilnchi se might wish to
publicize: All temporary use permits are issued sub ect to
the Director of Community Development, 11
approval of
6. Any banner used for the sale, lease or rental of property ma
one (1) 120 day permit per year or as authorized above: y be issued
SPECIAL EVENTS AND. OUTDOOR SAL -ES: --
7. Temporary outdoor sales are limited to one sale per calendar
each location. quarter for
e• Sales are limited for up to three days In
y duration, and only on weekends.
9. Temporary. outdoor sales are allowed in all commercia
professional office zenes). zones (excluding
10. Any deviation from the above
• guidelines requires approval of the Director
of Community Development. Shouldan
permit
i be bedeniedby the Director of
Community Development, all decisions
Commission. appealed to the Planning
Community Development Department
't I ',•' ' ._-._.. - moi•', , r�� -i:i j.,.: �� :r••'•:S'? •� :�., .,y„��.•11.`Q. •Q,•'.:1
�o— a-t•iirt anew. i ���� �- '��'.� :,; T O
:tff,asci ,cn , y.:. ,
:ell indicated; that~ a r .1 r _'�. , . , ., a ,► • ,.J;
Y; _ ,,`;, `,.;`• -,.• <.
When churcht�.r
,EDINGS, Page A -t . , ; }. ! <t epre'sentatives�.
wash cars for;3 apiece or trucks for
;.�..,.by'GEORGE'STEWARTr ,::i; Wvent, to: the. city,for;.clarification
► Several,.local . businesses aft cir- ;5 + at : gas:'stations where 'manage k.
they were told they, trust purchase a
' r. i'' ��'� ular car•, r .-ment will volunteer the water.. ;�_ �` temporary outdoor sales permit for
culating a petition for a pop
�.. • ; ' r4° .c; '..washing service'at a.Tustin gas sta-. One 'of these gas stations is Bent'+k r
,�y $125, itwhich:.would allow': them to ,
° ° a, ' " tion, run :;. by a .church -sponsored . � Powell Chevron, • ; a t , the corner . of.-. .
}, • ►.,. was "cars for one weekend within a ;
• halfway house, to be reinstated after;, NevKport Avenue 'and Irbine Boule: , i,.
three-month period.,,,; , .,: „ „. , • tr , t ,
vard ; where, , for several months; = f.� i,,.
(ie S the city closed it: down. ':.:, ; , ,,. ,, i , c , •Theo ration ceased because one }
�� ,; `i about a dozen members of the group:+ , Pe I
d The Victory Outreach Church, at , r weekend of • work for,;' every three
have been washing vehicles every'months at.;125 wouldprovide.nei'; 1233 Alvarez, in Orangeprovides a. Friday, home and rehabilitation for drug ad- `' they the work time* needed for the
They had become a regular fixture : ';
dicta, alcoholics and ex -gang mem--- in the neighborhood used by em- '.. men's rehabilitation, nor.the profit.
►7 " s berg_ who have been released from requlred to meet the mens financial
jell and found religion: ) ployees at many local businesses un- needs. `
�� 'til about'a month ago: , : d i
USD-;.: ;, ' :; '- r• Among several, businesses:.
with
The self-supporting church allows That's when Tustin police'noticed petitions to .the city •council . fo{ s
,L LEACH ; .t. these.ex-prisoners about one year. to that they were operating without the . .
lengthy staff ;pre= waiver of the required permit !s the
,.;w stay and make their transition back ,, required permit for temporary out• Chevron station.itself.?�
rev ote actions; ,� door sales..The police notified the ci=; ,
Into society.: ;•r: SI- a ,, : , We volunteered the water be-'
'iet ►ol-. District; *• One stipulation is. that they must ty staff and Beth Shoemann associ•
'cause we liked the -guys Arid the'cus
:sda, adopt, a ted for their rent and groceries,. : ate planner; sent a letter to the' sta- ::. , „
;et for the 1989-90 fig- pay tomers were well' pleased; , said As=
tees unanimousl ; both for the church's economic wel- tion' management,', notifying 'them �, sistant Manager Mary Berry. ;"The!
Y .• •s fare and to` give the men a sense of.',,, that the operation was in violation of �, way I feel about it is the government
)jected $38.2, million ' responsibility: ?.To 'that. end, they, , city code.: ,; ; r is pushing for neo out of
some adjustments in j , ; r•• �, pie to stay
:, : ,�;, ti • ri: i t:{: ,y�:; , . ,,� . �; ; � a . Y' �,` jail, but they don't want to give them
�. �. _ Corrmtssion'i�ea�S a break because they re involved
►negotiations are pia rtn t ng, .. ..
vithsettlemedtex , ,, �, :�' ,,; ;;,,;.i;•t,.t.'rr�,#'i"E��rt►'withthe;church';,.Basically;' 11 0
". -} a` • ' ; " ' <.want- is''a chance' for •the 'guys to
October.: .,�,' r.; : C artance aSa� eS lives. 'It's just a
with 1J l ; straighten out their, )
'd Fisher, district :' ;, %•;. �
,.. , : •, . ► c , ., ; t c .: ' t matter of getting it, together:'
ninistrator; pro- : MIMI S PLA
Jeffie Glover said' Victory 'Out-
The;Tustin Planning Commission = ; .
r . the upcoming `,. Several signage variances' were
878 with anti-;- dealt ;with several signage issues leach helped him; on and now he
M6, a lied for at Mimi's Plaza! (named'; 't P�
during: its last' regular meeting, in-.:,. •::.. PP � •.!',,'works -on the staff *of.the group.;,
1 of ;37,113,862.: • , ,
percent' eluding the relocation of the Rev Mimi s restaurant), a, retail"We're"self supporting,!' -he said.
i pie 63 pert .; House si n and variances for sl ns'' -` `center currently under construction :
' '' "'The* finances we get go' to run our.
be generated g g at the corner of Carroll Way and 17th
B percent)' will '•, advertising Mimi's Plaza.: •� Street. • home:' It would-be hard'.(to' pay for
r The owner • of the• Revere House : • the'permlts) because wedon�t have
eight percent : The only variance recommended ; , 4 :
restaurant, 900 W. First St.,, reques-�" ` it In our budget.; ,'..; '
-the' sale, .of :.: p b city, staff and. approved by the ;y;r, "We're
trying to,makeTan Impact
School; ;and',' ted the relocation of. the ` resent. Y y
:'670- ware foot freeway, le sin commission : (40) allowed a moms-•, ;;: ,
:T, Page :A•2•l,,� y' sigm, sign fairing Carroll , Street; f>, on the city and get' dope fiends and
This is to accomodate Caltrans plans r alcoholics off the streets: • We're do- .•
to 'widen the Newport Freewa st, : identifying the tenants of the plaza, ,
po Y placed seven feet from the.;. ing : something• for,•.the .community
;the` irif at" which the 'sign, now to be " `and I think this is unfair.','-!
p° s ,.future right of way at the site, rather,
stands. ._.,., .: (�;*-:111,0..,111.the aired nimum 15 feet
`than req' Shoemann pointed out that a per -,--
m'
_ ,•'�''' mit is required for this type of opera -
I t «• {' ..The.,,commission approved a ase Bob Break attorney- for ,owner ,, ,
permit' for a _new sign by a 4-0 vote. tion on a business location because it
Gerald Misurek, requested filet wall :, '
Commissioner AI Baker.was absent,: provides competition for legitimate, A
i- signs • on the . backs of the plaza P pe . ,
_��� k ; It',was `requested that the 65 -foot f,; be 75- and 30 -square. feet, , 'carwashes,
r"� tall.sign be moved 20 feet southeast
:.buildings "The petitlon ia'Eiie best'lcourse of ' '
t, =. i >> : ' : + in order to compete with neighbor , ; .z .., } ;
inW the rking lot. ,+, _;,.:,;.. . ; action for them. to take,", she' said. ,
Its xpe ence a ' �` The std would be set In"a land• ' : ing business signs ( particularly
es to �camge County,. ,."Because, unless the council author-
sca planter- between the Plaza Lafayette). izes us otherwise; we have to go, by
District bus. routes Pe P An additional momlment sign far-
t• freeway..; right *of . way, the parking
Y, Sept. 10. ,,:''�_; :.:...:.�. Y` g Y, P .. g • in 17th Street was denied because.,', the permit policy,";.';;,' ;
service',chaoge:'•. stalls and an interior driveway. This g The permits, with their collective
' move is -considered an improvement , the sign code allows only one such.,, signatures, will be presented before '
roving weekday 'fre- sin r shopping center:
of our busiest' lines `;: by city staff because the sign now g Pe Pp g the cit council at its Sept. 18 meet- ,
I adjustments aimed Y stands out of, bare asphalt parking However, staff recommended and Y , : P
j - , ' +► •; •r ' the .commission concurred that . fig•
enrice forehome-to-'F`•"spaces. ,; ,;., , ;. �� ;,��' +u ,,; , , conform to
code ' • '' �' .
these signs should ,
t ichert _ , , } .:; , }; �r: a• Tiller Applzcattons
aid James Re ,", , „, • ., ,: y specificati that they be no larger;
ww••1 •fella. qrii1' n.Jow �.,_.f j :. ' . ... .1 lL,..... ..ra __:,1-.;r+r.�t. _ ..+5•.._ - - - ,„r -, ..;$_.. _..J, _ ...
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•26
27
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RESOLUTION NO. 87-27
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA ESTABLISHING PLANNING
RELATED FEES AND SERVICE CHARGES
The City Council of the City of Tustin, California does hereby resolve as
follows:
Section 1. Planning Fees and Service Charges are hereby established as
shown in Exhibit A and supersede any existing fee and shall be applied
uniformly except where, in the discretion of the City Manager, reduced fees
are justified by special circumstances.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Tustin, California, held on the 2nd day of March, 1987.
RICHARD B. EDGAR
Mayor
Attest:
MARY E. WY ,
City C1 er
EXHIBIT A
CITY OF TUSTIN
COMMU! DEVELOPMENT DEPARTMENT
FEE SCHEDULE
EFFECTIVE March 2, 1987
TYPE OF
AC_
Zoning Administrator
actions
Temporary Use Permit
Use Interpretation
Variance
Minor
Major
Conditional Use
ABC license
Minor
Major
Zone Change
Zo , Code Amendment
Design Review
Signs
Minor remodel
Major remodel
Minor new
Major new
General Plan Revisions
Minor textural
Major textural
Land Use map
Tract Maps
Tentative ET -per sector
Tentative ET -per project
Tentative Standard
Final map
Parcel Maps
Tentative
Final
RECOMMENDED
FEE ($)
75
75
100
300
525
200
525
1000
750
750
50
275
500
400
775
575
1500 min.dep(2)
775
4500
2150
950
1050
950
875
page two
TYPE OF
AC_
Vesting map
Reversion to Acreage
Lot line adjustment
Lot merger
Certificate of Compliance
CC&R review
Environmental
Initial study
Negative Declaration
EIR
-
Minor
Major
Other Miscellaneous (4)
document preparation
Appeals
RECOMMENDED
FEE ($)
base map fee
+ 50
base map fee
+ 50
200
150
75
150
75
100
1750
3100 min.dep(3)
150
1/2 of filing fee
(1) includes cursory review of applications by building staff.
(2) additional actual production costs to be reimbursed at hourly rate of $39.10
(3) minimum deposit is for city review only - additional actual time spent by sta
be reimbursed on an hourly rate of $39.10. Applicant to also deposit actual
for consultant preparation of EIR, when required.
(4) examples are parking agreements
CAS 2/10/87
STATE OF CALIFORNIA ~- -�
COUNTY OF ORANGE ) § .
CITY OF TUSTIN )
GARY E.
WYNN, City Clerk
and ex -officio Clark
of the City.. Council of the City. of
Tustin,
California, does
hereby certify that
the whole number of the members of
the City
Council of the
City of Tustin is
five; -that the above and foregoing
Resolution No. 87-27 was
duly and regularly
introduced, passed and adopted at a
regular
meeting'ofCity Council held on
the 2nd day of March, 1987, by the
`ollowing vote:
AYES :
COUNCILPERSONS:
Edgar, Hoesterey,
Kelly, Kennedy, Saltarelli
NOES :
COUNCILPERSONS:
None
ABSENT: COUNCILPERSONS: None
E"
�J-
WY ity Cler
City of Tus , Californ a