HomeMy WebLinkAboutCC RES 97-16 1 RESOLUTION NO. 97-16
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN REVERSING THE PLANNING COMMISSION'S
3 DECISION AND DENYING, WITHOUT PREJUDICE,
CONDITIONAL USE PERMIT 96-037 AND DESIGN
4 REVIEW 96-051, A REQUEST TO ESTABLISH A
PARKING LOT ON A VACANT 50' BY 314' PORTION OF
5 AN ABANDONED RAILROAD RIGHT-OF-WAY LOCATED TO
THE NORTH OF THE PLAZA LA FAYETTE SHOPPING
6 CENTER AT 13031 NEWPORT AVENUE AND TO THE WEST
OF THE WOOD CREST APARTMENTS AT 12901-12943
7 NEWPORT AVENUE.
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The City Council of the City of Tustin does hereby
9 resolve as.follows:
10 I. The City Council finds and determines as follows:
11 A. That a proper application, Conditional Use
Permit 96-037 and Design Review 96-051, was
12 filed by C.L. Burneet to authorize. the
establishment of a parking lot on a vacant 50'
13 by 314' portion of an abandoned railroad
right-of-way located to the north of the Plaza
14 La 'Fayette shopping center at 13031 Newport
Avenue and to the .west of the Woodcrest
15 Apartments at 12901-12943 Newport Avenue.
16 Bo That~a public hearing was duly called, noticed
and held on said application on December 3,
17 1996 by the Zoning Administrator. The Zoning
Administrator adopted Zoning Administrator
18 Action 96-011, approving the request to
establish the subject parking lot.
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C. That on December 10, 1996, Sharon Ramage,
20 owner of the Woodcrest Apartments, submitted
an appeal of the Zoning Administrator's action
21 on this project..
22 D. That a public hearing was duly called, noticed
and held on said appeal by the Planning
23 Commission on January 13, 1997. The Planning
Commission adopted Planning Commission
24 Resolution No. 3507, upholding the Zoning
'Administrator's action and approving
25 Conditional Use Permit 96-037 and Design
Review 96-051.
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E. That on January 17, 1997, Nancy D. Ramage,
27 G.R. Ramage, Jr. MD, Sharon Ramage and G.R.
Ramage, III, the owners of the Woodcrest
28 Apartments, submitted an appeal of the
Planning Commission's action on this project.
Resolution No. 97-16
Page 2
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F. That a public hearing was duly called, noticed
2 and held on. said appeal by the City Council on
February 18, 1997.
3
G. That the proposed use is allowed within the R-
4 3, Multiple-Family Residential District with
the approval of a Conditional Use Permit.
5
H. That establishment, maintenance, and operation
6 of a parking lot in a residential district to
serve an adjacent commercial shopping center
7 may .be detrimental to the health, safety,
morals, comfort, or general welfare of persons
8 residing or working in the' neighborhood of
such proposed use, or be injurious or
9 detrimental to the property and improvements
in the.neighborhood of the subject property,
10 or to the general welfare of the City of
Tustin, as evidenced by the following
11 findings:
12 1. Without use restrictions, the parking lot
expansion area has the potential to
13 create noise and other nuisance impacts
on adjacent properties.
14
2. The use of the employee parking lot
15 between the hours of 10 p.m. and 7 a.m.
has the potential to disturb the comfort
16 and general welfare of persons residing
adjacent to the proposed use.
17
3. An unsecured employee parking lot area
18 would permit access to non-employees,
which could increase the potential for
19 noise impacts on adjacent properties.
20 4. Although the use of the site as a
commercial parking lot may be an
21 appropriate use, the use of the site as
an expansion of the adjacent residential
22 uses would be a more optimal use of the
site than use as a commercial parking
23 lot.
24 I. Pursuant to Section 9272 of the Tustin
Municipal Code, the City Council finds that
25 thelocation, size, architectural features and.
general appearance of the parking lot
26 expansion area have the ability to impai. r the
orderly and harmonious development of the
27 area, the present or future development
therein, or the occupancy as a whole. In
28 making such findings, the City Council has
considered at least the following items:
Resolution No. 97-16
Page 3
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1. Height, bulk and area of buildings.
2
2. Setbacks and site planning.
3
3. Landscaping, parking area design and
4 traffic circulation.
5 4. Location, height and standards. of
exterior illumination.
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5. Location and method of refuse storage.
7
6. Physical relationship of proposed
8 improvements to existing structures in
the neighborhood.
9
7. Appearance and design relationship of
10 proposed improvements to existing
structures and possible future structures
!1 in the neighborhood and public
thoroughfares.
12
8. Development Guidelines and criteria as
13 adopted by the City Council.
14 J. This project is statutorily exempt pursuant to
Section 15270 of the California Environmental
15 Quality Act.
16 K. If negotiations among the property owners for
the purchase of the site from Southern Pacific
17 Railroad by the residential property owners
are unsuccessful, the applicant would have the
18 option to resubmit the project for review by
the City's Zoning Administrator. However, the
19 resubmitted project shall be modified to
address the Council's concerns.
20
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. 97-16
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13031 Newport Avenue and to the west of the
2 Woodcrest Apartments at 12901-12943 Newport Avenue.
3 PASSED AND ADOPTED at a regular meeting of the City
Council, held on the 3rd day of March, 1997.
~ Tracy~~W's. Worley~~
Mayor
10 Pamela Stoker
City Clerk
!1
STATE OF CALIFORNIA )
12 COUNTY OF ORANGE )
CITy OF TUSTIN )
13
14 I, Pamela Stoker, City Clerk and ex~officio Clerk of the
City Council of the City of Tustin, California, do hereby
15 certify t'hat Ithe whole number of the members of the City
Council of the City of 'Tustin is five; that the above and
16 foregoing Resolution No. 97-16 was duly passed and
adopted at a regular meeting of the Tustin City Council,
17 h'eld on the 3rd day of March, 1997, by the 'following
vote:
18
COUNCILMEMBER AYES: WORLEY, THOMAS, DOYLE, POTTS, SALTARELLI
19 COUNCILMEMBER NOES: NONE
COUNCILMEMBER ABSTAINED: NONE
20 COUNCILMEMBER ABSENT:
NONE
21
23 P~4ELA STOKER
CITY CLERK
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