HomeMy WebLinkAboutPH 1 USE PERMIT 85-13 07-15-85DA NO. 1
Inter Corn
July 15, 1985
TO:
FROM:
SU BJ ECT:
APPLICANT:
LOCATION:
ZONING:
REQUEST:
HONORABLE HAYOR AND CITY COUNCIL
COI~qUNITY DEVELOPMENT DEPARTHENT
USE PEP. HIT 85-13
1~. GEORGE HILLYARD
P.O. BOX 256
BALBOA ISLAND, CA
ON BEHALF OF MOBIL OIL CORP. (LESSEE)
13872 RED HILL AVENUE AT LAGUNA ROAD
C-1, RETAIL CO~ERCIAL
APPEAL OF CONDITIONS IMPOSED. 'ON USE PERMIT 85-13 THROUGH THE
PLANNING COHNISSION'S ADOPTION OF RESOLUTION NO. 2228
BACKGROUND:
On June 10, 1985 the subject application was heard by the Planning Com~nission.
Use Permit 85-13 was granted through the approval of Resolution No. 2228
allowing the installation of a mini market and cashier's booth within an
existing sales area. The conditions of approval as outlined in the attached
staff report and Resolution are the subject of appeal. On July 1, 1985 this
appeal was continued because Mobil Oil representatives were not present to
answer questions.
DISCUSSION:
On June 14, 1985 the applicant filed an appeal of Use Permit 85-13. While not
specifically stated, the applicant is appealing Condition II. A. 4 of Resolution
2228 requiring a ten (10) foot irrevocable offer of dedication along Red Hill
Avenue. This requirement is in conformance with the Tustin Master Plan of
Arterial Highways as adopted and the Planning Commission does not have the
authority to waive this requirement.
Since the Planning Commfssion approved Use Permit 85-13 with the conditions as
recommended by staff, it will be recommended that the findings and conditions
imposed by Resolution No. 2228 be upheld by the Council.
City Council Report
Use Permit 85-13
page two
RECOI~qENDAT]ON:
Planning Commission Resolution No. 2228 was adopted requiring the irrevocable
offer of dedication, however, since the waiver of this requirement is subject to
Council policy, recommended action is the pleasure of the Council.
Assistant Planner
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attachment: maps
, Community Development Department
~ITEM #6
Planning commission
DATE: JUNE 10, 1985
SUBJECT: USE PERMIT 85-13
APPLICANT: I~. GEORGE HILLYARD
P 0 BOX 256
BALBOA ISLAND, CA.
ON BEHALF OF MOBIL OIL CORP. (LEASEE)
LOCATION: 13872 RED HILL AVENUE AT LAGUNA ROAD
ZONING: C-1, RETAIL COMMERCIAL
REQUEST: CONVERSION OF AN EXISTING
CASHIERS BOOTH
BACKGROUND:
SALES OFFICE TO A SNACK SHOP AND
This application involves the conversion of the existing 11'6" X 14'6" sales
office to a snack shop and cashiers booth. This establishment is located in the
C-1 zone and this use is allowed, subject to the approval of a use permit. It
should be noted that the applicant does not wish to sell alcoholic beverages.
DISCUSSION:
Upon reviewing this application, staff has found three areas of concern:
(1) Land Use, (2) Elevations, (3) Public Improvements.
Land Use: This establishment currently operates as a gasoline retailer and an
automobile service station. The approval of Use Permit 85-13 would allow for
the sale of retail items such as packaged foods and beverages and auto related
products.
Elevations: The request does not involve any changes to the existing building
facades, however, some signs will be removed and others updated.
Public Improvements: A ten (10) foot irrevocable offer of dedication is
required along Red Hill Avenue. Additionally, the annexation to applicable
utility districts is required.
ANALYSIS:
Land Use: According to Tustin's Service Station Guidelines, parking
requirements have been met for the requested use, therefore, the addition of
this retail use can be accomodated on the site.
Community Development Department
Planning Commission Report
Use Permit 85-13
Page two
Elevations: Preliminary reviews of a sign plan for this location indicated that
a variance would be necessary. However, a revised plan is being prepared so
that all permits can be processed at the staff level in accordance with Sign
Ordinance No. 684.
Public Improvements: As a matter of standard proceedure, a ten (10) foot
irrevocable offer of dedication is required along Red Nill Avenue, as a
condition of approval of Use Permit 85-13.
RECOMMENDATION:
Approval of Use Permit 85-13 by the adoption of Resolution No. 2228 as drafted.
LAURA P ICK~P
Assistant Planner
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attachments:
Resolution No. 2228
Corn munity Development Department
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RESOLUTION NO. 2228
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN,
CALIFORNIA, GRANTING CONDITIONAL USE PERMIT ON THE APPLICATION
OF MR. GEORGE HILLYARD ON BEHALF OF MOBIL OIL CORPORATION, TO
INSTALL A MINI MARKET AND CASHIERtS BOOTH AT 13872 RED MILL
AVENUE.
The Planning Commission of th6 City of Tustin does hereby resolve as
follows:
I. The Planning Commission find~ and determines as follows:
That a proper application, (Use Permit No. 85-13) has been filed
by Mr. George Hillyard on behalf of Mobil Oil Corporation to
authorize the installation of a cashier's booth and mini market
in an existing 167 square foot sales area at 13872 Red Hill
Avenue, in conjunction with a retail gasoline and automotive
service station.
That a public hearing was duly called, noticed and held on said
application.
Ce
That 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, evidenced by the following findings:
The use is in conformance with the Tustin Area General Plan
and with use and application proceedures'of the Zoning Code
(Section 9232b).
That 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 as evidenced by
compliance with the City's Zoning and Development standards.
Eo
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 Fire Marshal and street improvement
requirements as administered by the City Engineer.
Fe
That the project is categorically exempt from the requirements
of the California Environmental Quality Act as specified in
Section 15303c.
II.
The Planning Commission hereby approves Use Permit 85-13 to authorize
the installation of a 167 square foot mini market and cashier's booth
within the existing sales area at 13872 Red Hill Avenue as applied
for, subject to the following conditions:
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Resolution No. 2228
Page two
Ae
Compliance with Engineering Department requirements for the
following:
1. Any missing or damaged pu'bl'ic improvements shall be
installed or replaced.
2. Annexation to Street Lighting District No. 1.
Installation of marbelite street lights shall be provided
with underground conduit as required.
Provide an irrevocable offer_of dedication of ten (10) feet
along Red Hill Avenue and an appropriate corner cut off to
accomodate curb return radius.
5. Construction of a handicap ramp at the curb return per City
Standard Drawing Number 124 A & B will be required.
Final development plans shall require the review and approval of
the Community Development Department.
Ce
The provisions of the Use Permit do not cover the authorization
for the sale of alcoholic beverages.
De
Prior to conversion to the mini-market, a sign plan shall be
submitted and approved by the Community Development Department.
Ee
Approval of Use Permit 85-13 is contingent upon the applicant
signing and returning ~n "Agreement to Conditions Imposed" form
as established by the director of Community Development.
PASSED AND ADOPTED at a regular meeting .of~ the Plannin/~ Commission of the
City of Tustin, California held on the /f/J day of ~, 198,..~
,.( RONALD H. WHITE,
Chai ~an
~N~ ORR,
Recording Secretary
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STATE OF CALIFORNIA)
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, DONNA ORR, the undersigned, hereby certify that I am the Recording
Secret~ry of the Planning Commission O~the City of Tustin,
California; that Resolution No./~was duly passed and adopted~
a regular m~.eting of the Tust_i_n~ng Commission, held on the
day of E~mL~ , 19 .;~.~.
'DONNA ORR
Recording Secretary