HomeMy WebLinkAboutPH 3 USE PERMIT 85-10 07-15-85TO:
FROM:
SU BJ ECT:
HONORABLE MAYOR AND CITY COUNCIL MEMBERS
COI~IUNITY DEVELOPHENT DEPARTlqENT
USE PER,lIT 85-10 AND VARIANCE NO. 85-4
APPLICANT:
MR. DICK HEYERS ON BEHALF OF
SHELL OIL COMPANY
511BROOKHURST STREET
ANAHEIM, CA. 92803
LOCATION:
13891 RED HILL AVENUE AT EL CAMINO REAL
(FORMERLY LAGUNA ROAD)
ZONING: C-1, RETAIL COMMERCIAL
REQUEST:
APPEAL OF CONDITIONS IMPOSED ON USE PERMIT 85-10 THROUGH THE
PLANNING COI~ISSION'S ADOPTION OF RESOLUTION NO. 2246 AND
APPEAL OF THE PLANNING COF~MISSION'$ DENIAL OF VARIANCE NO.
85-4 THROUGH THE ADOPTION OF RESOLUTION NO. 2253.
BACKGROUND:
On June 24, 1985, the subject application was heard by the Planning
Commission. Use Permit 85-13 was granted through the approval of
Resolution No. 2246 allowing:
1. Conversion and expansion of an existing lube bay to a car wash.
2. Conversion and expansion of an existing sales area to a mini
market.
3. Construction of an attached 72 square foot storage area.
The applicant was denied Variance 85-4 by the adoption of Resolution No.
2253 which would allow a variance on the number and aggregate area of signs
allowed in the C-1 district by Sign Ordinance No. 684.
DISCUSSION:
On June 25, 1985 the applicant filed an appeal of Use Permit 85-10 and the
denial of Variance No. 85-4. The applicant is appealing Condition II. A.4
of Resolution No. 2246 which requires 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.
July 15, 1985
Use Permit 85-10 and Variance No. 85-4
Page two
Variance No. 85-4 was denied because the granting of this variance would
impose special considerations to a typical, corner lot, gasoline service
station. The applicant could adequately advertise his business if the
proposed plan was revised and a variance would not be necessary. After
meeting with staff, the applicant has decided to withdraw the appeal of
Variance 85-4.
Since the Planning Commission approved Use Permit 85-10 with the conditions
imposed and denied Variance No. 85-4, as recommended by staff, it will be
recommended that the findings and conditions imposed by Resolution No. 2246
and 2253 be upheld by the Council.
RECO~ENDAT[ON:
Staff recommends as follows:
Planning Commission Resolution No. 2246 was adopted requiring the
irrevocable offer of dedication, however, since the waiver of
this requirement is subject to Council Policy, recommended action
is at the pleasure of the Council.
Since the applicant has decided to withdraw the appeal of
Variance No. 85-4, this appeal need not be considered bY the
Council.
~ff_AURA PICKLI~ /~
Assistant Plannerv
LP:pf
Community Development Department
Planning Commission
DATE:
SUBJECT:
APPLICANT:
JUNE 24, 1985
USE PERMIT 85-10 WITH VARIANCE 85-4
MR. DICK MEYERS ON BEHALF OF SHELL OIL CO.
11BROOKHURST STREET, ANAHEIM, CA 92803
PROPERTY
OWNER:
LOCATION:
ZONING:
MR. EDWARD PANKE
320 W. MAIN STREET, TUSTIN, CA
13891 RED HILL AVENUE AT EL CAMINO REAL (FORMERLY LAGUNA ROAD)
C-2 - CENTRAL COIWI4ERCIAL
ENVIRONMENTAL
STATUS:
REQUEST:
CATEGORICALLY EXEMPT CLASS 3
UP85-10: CONVERSION AND EXPANSION OF AN EXISTING LUBE BAY TO A
A CARWASH AND THE SALES AREA TO A MINI MARKET: OFF-SITE BEER AND
WINE LICENSE: CONSTRUCTION OF AN ATTACHED 6'x12' STORAGE AREA.
V85-4: VARIANCE ON THE NUMBER OF AND AGGREGATE SQUARE FOOTAGE OF
SIGNS ALLOWED BY SIGN ORDINANCE NO. 684.
BACKGROUND:
The location of this project is the northwesterly corner of Red Hill Avenue and
E1 Camino Real (formerly Laguna Road) which was annexed into the City at its
current use of a retail gasoline sales and automobile service station.
In 1970, the Planning Commission granted a variance (V-10-269) allowing a 60
foot high freeway sign with a 144 square foot double face. Existing signs
include a smaller (14 foot high) pole sign, the roof logo sign, and "All Repairs
Guaranteed" roof sign as shown in the attached sign plan.
The applicant has requested the following:
1. Conversion and a 2'x6" extension of the southerly most lube bay to a car
wash.
Community Development Department
Planning Commission Report
June 24, 1985
Pa§e Two
2. Conversion and a five (5) foot extention of the existing sales area to a
375 square foot cashier's booth and mini market.
3. Authorization for an off-site beer and wine license.
4. Construction of an attached 6'x12' storage area at the rear of the
structure.
5. A variance on the number and aggregate area of signs allowed by Sign
Ordinance No. 684 as follows:
a) A new 2'x8' "Car Wash" mansard sign.
b) Three under canopy facia signs with interchangeable faces.
These requested signs are in addition to the existing roof and pole signs
as shown on the sign plan.
OISCUSSION:
Car Wash Conversion and Storage area Construction
The southerly lube bay proposed for conversion is currently used as a storage
area for tires which would have to be relocated upon its conversion. The
proposed 6'x12' storage area may accommodate some 'of this excess storage,
however, the dealer is currently renting a temporary storage unit that is
located at the rear of the property in the designated parking area.
According to section 9233c-1, no commerical establishment may maintain any
outdoor work or storage areas at any time. In accordance with this section, the
provision of adequate storage or the elimination of excess stock is eminent.
Mini Market
The extention and conversion of the existing sales area to a mini market and
cashier's booth involves a five (5) foot expansion in order to enclose the
restroom area and provide wall mounted coolers for beverages and chilled food
products. Products to be sold include packaged foods and beverages, beer and
wine (if authorized) and auto related products.
, Community Development Department
Planntng Commission Report
June 24, 1985
Page Three
Off-site Beer and Wine License
The authorization of this license would allow for the sale of beer and wine in
conjunction with retail gasoline sales and services in an area which:
1. Is located within 1/2 mile of eleven other licensed retail alcoholic
beverage outlets.
2. Is located within 1/2 mile from two schools, including Tustin High
School. This establishment is also located along a major access route to
Tusttn High School. A Baptist church is located just to the north.
The authorization of this permit will only be an added feature of. the mini
market and can be considered as a separate issue. Although Staff does not have
precise criteria to review these beer and wine licenses, Staff would recommend
that due to the proximity to Tusttn High and the adjacent church, plus the fact
that it is a major access to Tustin High, that the beer and wine license is not
appropriate at this location.
Sign Variance No. 85-4
The authorization of this variance would allow this establishment to install and
maintain signs which are unauthorized by Sign Ordinance No. 684 for the
following reasons:
1. Under Canopy Facia Signs have been installed illegally without permits
and contain two 5'x9" x 2'x6" interchangeable faces for advertisement of
specific products and services. This violates Sections 9430 of Sign
Ordinance 684 which prohibits signs which advertise specific products or
services. This type of sign would be allowed if placed in a window and
taking up only 25~ of the aggregate window area. These signs have also
been installed upon three canopy columns, therefore, they constitute three
separate signs. According to Section 9493 of Sign Ordinance No. 684, which
allows single tenants two signs, one wall sign and one monument or pole
sign, these canopy signs constitute a violation and are considered
illegal.
2. "Car Wash" Mansard Sign: The proposed 2'x8' Mansard Sign in addition to
the existing mansard signs as shown on the elevations. The addition of
this sign is in violation of both the number and aggregate square footage
of signs allowed on front facing walls. This sign could be allowed
through the use of a wall sign, however, its placement should be on either
side wall facing the public right of way.
Community Development Department
/~Planning Commission Report
June 24, 1985
Page Four
The authorization of this variance would also violate Sections 9471 which states
that no special exceptions can be made in granting a variance that doe not show
evidence of unusual circumstances.
The applicant does not meet this criteria: This project is a typical corner
gasoline and auto service station, that is at no particular disadvantage with
adjoining stations. Staff recommends that the Variance is not justified, and
that any new signs for the mini market and car wash if appropriately placed, can
be handled at the staff level in accordance with Sign Ordinance No. 684.
Public Improvements
As a member city of Orange County's Master Plan of Arterial Highways (Resolution
No. 84-45) a 10 foot dedication along Red Hill Avenue is required. The
applicant, as a condition of approval, has been required to provide this as an
irrevocable offer of dedication. Any changes or appeal of this condition must be
referred to the City Council for appropriate action.
Land Use Intensity
The addition of the car wash and mini market are expected to be of incidental
use to their regular customers. Therefore, no major increase in traffic volume
is expected. The approval of U.P. 85-10 would provide two new uses of a car wash
and mini market in addition to the current uses of retail gasoline sales and
automotive .repair.
According to Tustin's Development Standards, the parking criteria have been met,
however, a portion of these six (6) spaces is currently used to locate a
temporary storage bin. This area should be cleared in order to meet the
standards and all parking areas kept free and clear for customer parking at all
times.
RECOMMENDATION:
1. Staff recommends approval of Use Permit 85-10 by adoption of Resolution No.
2246 approving the car wash, storage area and mini market.
2. Staff recommends denial of the off-site beer and wine license and to direct
staff to prepare a Resolution of Denial.
3. Staff recommends denial- of Sign Variance No. 85-4 and to direct staff to
prepare a Resolution of Denial.
LP:ts
Attachments:
Maps
Resolution No.2246
Community Development Department
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RESOLUTION NO. 2246
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA,
GRANTING A CONDITIONAL USE PERMIT ON THE APPLICATION OF MR. DICK MEYERS ON
BEHALF OF SHELL OIL CORPORATION, TD CONVERT A LUBE BAY TO A CAR WASH AND A
SALES AREA TO A MINI MARKE-F AND CASHIERS BOOTH, AND CONSTRUCTION OF AN
A1-FACHED 6'x12' STORAGE AREA.
The Planning Commission of the City of Tusttn does hereby resolve as
follows:
I. The Planning Commission finds and determines as follows:
A. That a proper application (U~e Permit No. 85-10) has been filed by
Mr. Dick Meyers on behalf of Shell Oil Corporatiop to authorize
the conversion and expansion of a lube bay to a car wash and a
sales area to a cashier's booth and mini market and construction
of a 6'x12' storage area.
B. That a public hearing was duly called, noticed and held on'said
application.
C. 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 proceaures of the Zoning Code
(Section 9232b).
D. 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 p. roperty, nor
to the general welfare of the City of Tustin as evidenced by
compliance with the City's Zoning and Development standards.
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.
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Resolution No. 2246
Page Two
II.
F. That the project is categorically exempt from the requirements of
the California Environmental Quality Act as specified in Section
15303c.
The Planning Commission hereby approves Use Permit #85-13 to
authorize the conversion and expansion of the southerly lube bay to a
476 square foot car wash, the conversion and expansion of the
existing sales area to a 375 square foot mini market and cashier's
booth, and the construction of an attached 72 square foot storage
area at 13891 Red Hill Avenue subject to te following conditions:
A. Compliance with Engineering Department requirements for the
following:
1. Any missing or damaged public improvements shall be installed
or replaced.
2. Annexation to Street Lighting District No. 6.
3. Installation of marbellte street lights with underground
conduit as required.
Provide an irrevocable offer of deqication of ten (10) feet
along Red Hill Avenue and an appropriate corner cut off to
accommodate curb return radius.
5. Construction of a handicap ramp at the curb return per City
Standard Drawing Number 124 A & B.
B. Final developement plans shall require the review and approval of
the Community Development Department.
C. Prior to the issuance of building permits, the subject property
shall submit a sign plan for review and approval, and shall remove
all illegal or unapproved signs so installed.
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Resolution No. 2246
Page Three
C. Prior to the installation of the mini market and car wash, any
signs or face changes and their appropriate plans as authorized by
Sign Ordinance No. 684, shall be approved and permitted prior to
their installation.
D..Approval of Use ~Permit 85-13 is contingent upon the applicant
signing and returning an "Agreement to Conditions Imposed" form as
established by the director of Community Development.
PASSED AND ADOPTED at a regular meeting~O~daythe Plann~ission of the
City of Tustin, California held on the g2// of , 198~
l~O~Ni~ ORR,
Recording Secretary
RONALD H. WHITE,
Chairman
LP:ts
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RESOLUTION NO. 2253
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA
DENYING SIGN VARIANCE NO. 85-4 ON 13891 RED MILL AVENUE.
The Planning Commission of the City of Tustin does hereby resolve as
follows:
The Planning Commission finds and determines as follows:
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That a proper application (Variance No. 85-4) has been filed by
Mr. Dick Meyers on behalf of Shell Oil Corporation to authorize
a variance on the number and aggregate area of signs allowed by
Sign Ordinance No. 684.
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That a public hearing was duly called and noticed concerning
Variance No. 85-4.
II,
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That Variance No. 85-4 was .denied based upon the following
findings:
That no exceptional circumstances applicable to the subject
property exist.
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That the strict application of Sign Ordinance No. 684 would
not deprive the subject property of privileges enjoyed by
other similar properties in the vicinity.
That, if authoPized, Variance No. 85-4 would grant special
privileges which are inconsistent with the limitations upon
other properties in the vicinity or district in which the
property is located.
The Planning Commission does hereby deny Variance No. 85-4 by the
adoption of Resolution No. 2253.
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__ {IDONNA'-ORR
2/ Recording Secretary
)ASSED A~J~p ADOPTED at~ rej)bla, r meeting of the Tustin Planning Commission
~n the~l~ day of ~g/L~</~gy/~ 1985.
RONALD H. WHITE
Chairman
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