HomeMy WebLinkAboutCC RES 97-115 1 RESOLUTION NO. 97-115
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, UPHOLDING THE PLANNING COMMISSION'S
3 ACTION TO APPROVE CONDITIONAL USE PERMIT 97-
005-AND DESIGN REVIEW 97-009, AUTHORIZING THE
4 ESTABLISHMENT OF A 24-HOUR SELF-SERVE GASOLINE
STATION, A FULL-SERVICE CARWASH, A 750 SQUARE
5 FOOT 24-HOUR CONVENIENCE STORE, AND A 5,500
SQUARE FOOT RETAIL BUILDING AT 535 EAST MAIN
6 STREET.
7 The City Council does hereby resolve as follows:
8 I. The City Council finds and determines as follows:
9 A. That a proper application for Tentative Parcel
Map 97-117, Conditional Use Permit 97-005 and
10 Design Review 97-009 was filed by Greg Bennett
Architects on behalf of the property owners to
11 request authorization for the establishment of
a 24-hour self-serve gasoline station, a full-
12 service carwash, a 750 square foot 24-hour
convenience store, and a 5,500 square foot
13 retail building at 535 East Main Street, more
specifically described as Assessor's Parcel
14 No. 401-612-03.
15 B. That a public hearing was duly called, noticed
and held on said application on August 11,
16 1997 and continued to September 22, 1997 and
subsequently renoticed for hearing on November
17 10, 1997. by the Planning Commission. The
Planning Commission adopted Resolution No.
18 3534 approving Conditional Use Permit 97-014
and Design Review 97-023.
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C. That on November 17, 1997, the City Council
20 appealed the Planning Commission's action on
this project.
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D. That a public hearing was duly called, noticed
22 and held for said appeal on December 1, 1997
by the City Council.
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E. That the proposed use is allowed within the
24 C2-P Central Commercial - Parking Overlay
District, with the approval of a Conditional
25 Use Permit.
26 F. The subject property is located within the
Town Center Redevelopment Project Area.
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Resolution No. 97-115
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Pursuant to City Code Section 9299b, the
2 Zoning Administrator forwarded action on
Design' Review 97-009 to the Planning
3 Commission for consideration.
4 G. As conditioned, the subject project has been
found consistent with the Town Center
5 Redevelopment Project Area Plan.
6 H. That the establishment, maintenance and
operation of the uses applied for will not,
7 under the circumstances of this case, be'
detrimental to the health, safety, morals,
8 comfort, or general welfare of the persons
residing or working in the neighborhood of
9 such proposed .use, nor be injurious or
detrimental to the property and improvements
10 in the neighborhood of the subject property,
or to the general welfare of the City of
11 Tustin, as evidenced by .the following
findings:
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1) As conditioned, the proposed use can be
13 accommodated on the subject property,
providing for parking, landscaping, on-
14 site circulation and queue length.
15 2) As conditioned,' the use will not
negatively affect surrounding properties
16 in that the site design includes screen
· walls,~berms, landscaping and architec-
17 tural enhancements that minimize the
visual and aesthetic impacts of the pump
18 island and vehicles stopped for
refueling.
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.3) As conditioned, the use will be
20 compatible with the surrounding uses, in
that the Newport Avenue frontage includes
21 landscaping, berms and a screen wall and
the structures on-site include architec-
22 turai details that strengthen theNewport
Avenue theme and improve the gateway to
23 the Old Town area of Tustin.
24 I. Pursuant to Section 9272 of the Tustin
Municipal Code, the City Council finds that
25 the location, size, architectural features and
general appearance of Design Review 97-009, as
26 conditioned, will not impair the orderly and
harmonious development of the area, the
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Resolution No. 97-115
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present or future development therein, or the
2 occupancy as a whole. In making such
findings, the Council has considered at least
3 the following items:
4 1. Height, bulk and area of buildings.
5 2. Setbacks and site planning.
6 3. Exterior materials and colors.
7 4. Type and pitch of roofs.
8 5. Size and spacing of windows, doors and
other openings.
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6. Towers, chimneys, roof structures,
10 flagpoles, radio and television antennae.
11 7. Landscaping, parking area design and
traffic circulation.
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8. Location, height and standards of
13 exterior illumination.
14 9. Location and appearance of equipment
located outside of an enclosed structure.
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10. Location and method of refuse storage.
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11. Physical relationship of proposed
17 structures to existing structures in the
neighborhood.
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12. Appearance and design relationship of
19 proposed structures to existing
structures and possible future structures
20 in the neighborhood and public
thoroughfares.
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13. Proposed signage.
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14. Development Guidelines and criteria as
23 adopted by the City Council.
24 J. That the strict adherence to all design
criteria of the adopted Service Station
25 Development Guidelines cannot be satisfied due
to the irregular shape and angles of this
26 site. .Although the site does not include the
"reverse design" (pumps at the rear,
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Resolution No. 97-115
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buildings, at the front) the screen walls,
2 berms, landscaping and architectural details
provide amenities to ensure that the project
3 is visually acceptable from the public right-
of-way. In addition, although the service
4 bays partially face onto the street, screening
is provided.
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K. A Negative Declaration has been prepared and
6 certified for this project in accordance with
the provisions of the California Environmental
7 Quality Act (CEQA).
8 L. That the project has been reviewed for
consistency with the Air Quality Sub-element
9 of the City of Tustin General Plan and has
been determined to be consistent with the Air
10 Quality Sub-element.
11 M. That the project has been reviewed for
compliance with the Americans with
12 Disabilities Act of 1990 and it has been
determined that dedications of right-of-way at
13 the corner and all radius type driveways are
necessary for compliance with the requirements
14 of ADA.
15 II. The City Council hereby upholds the Planning
Commission approval of Conditional Use Permit 97-
16 005 and Design Review 97-009 to authorize the
establishment of a 24-hour self-serve gasoline
17 station, a full-service carwash, a 750 square foot,
24-hour convenience store, and a 5,500 square foot
18 retail building at 535 East Main Street, subject to
the conditions contained in Exhibit A of Planning
19 Commission Resolution No. 3534, incorporated herein
by reference.
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PASSED AND ADOPTED at a regular meeting of the Tustin
21 City Council held on the 1st day of December, 1997.
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24 J~F~Y' '.'TH
Mayor
26 amela Stoker
Clerk
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Resolution No. 97-115
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STATE OF CALIFORNIA )
2 COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
3
CERTIFICATION FOR RESOLUTION NO. 97-115
4
PAMELA STOKER, City Clerk and ex-officio Clerk of the
5 City Council of the City of Tustin, California, does
hereby certify that the whole number of the members of
6 the City Council of the City of Tustin .is 5; that the
above and foregoing Resolution No. 97-115 was duly and
7 regularly introduced, passed, and adopted at a regular
meeting of the Tustin City Council, held on the 1st day
8 of December, 1997.
9 COUNCILMEMBER AYES: THOMAS, SALTARELLI, D0¥LE, POTTS, WORLEY
COUNCILMEMBER NOES: NONE
10 COUNCILMEMBER ABSTAINED:
NONE
COUNCILMEMBER ABSENT:
11 .NONE
12 _.:,_ . _-] ~ :._- _
13 PAMELA STOKER
14 ~ Clerk
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