RES-7753 Denying Appeal No. 382 and Granting Conditional Use Permit No. 1883-90RESOWTION NO. 7753
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE DENYING APPEAL NO. 382 AND
UPHOLDING THE RECOMMENDATION OF THE
PLANNING COMMISSION OF THE CITY OF ORANGE
AND GRANTING A CONDITIONAL USE PERMIT TO
ALLOW THE PLACEMENT OF A SMALL DETACHED
COMMERCIAL BUILDING IN THE PARKING LOT OF
AN EXISTING RETAIL BUSINESS UPON PROPERTY
SITUATED AT 1650 N. TUSTIN.
APPEAL NO. 382
CONDITIONAL USE PERMIT 1883-
90 APPLICANT: MAX AND PENNY
HALL
RECITALS:On December 12, 1990, the Planning Commission
granted Conditional Use Permit 1883-90. Within 15 days, the
matter was appealed to the City Council in accordance with section 17.
92.090 et sea. of the orange Municipal Code. The appeal
requested that Conditional Use Permit be reviewed
and denied.After review of Appeal 381 and after due public
hearing, and after receiving a recommendation from the
Planning commission,recommending by Resolution No. PC-92-90, to
allow the placement of a small detached commercial building in the
parking lot of Standard Brands Paint Store, 1650 N. Tustin Street, located
on the west side of Tustin Street, between Taft Avenue and
Chestnut Avenue, the City Council determined to deny Appeal 382 and to
uphold the action of the Planning Commission to grant
Conditional Use Permit 1883-90,the subject property is
more particularly described as follows:The land referred to
herein is situated in the State of California,
County of Orange, City of Orange
and is described as follows:Parcel 2, as shown on a
map filed in Book 28,Page 33 of Parcel Maps
in the Office of the County
Recorder of Orange County, California.A map showing the location of
the subject parcel is attached hereto, made a part
hereof, and designated Attachment "A".During the public hearing,
the City Council
determined the following pertinent facts:1. The subject
property is rectangular shaped and approximately
1.63 acres in size.2. The property is zoned
C-TR (Commercial - Tustin Street Redevelopment District), and the
General Plan Land
3. The property is currently developed with a retail
commercial building approximately 15,600 sq. ft. in size, with
associated on-site
parking.4. The surrounding land use and zoning are as
follows:North - Retail businesses zoned C-TR (Commercial - Tustin
street Redevelopment District)
South - Retail businesses zoned C-TR (Commercial - Tustin Street
Redevelopment District)East -
Edison Substation zoned M-1 (Light Manufacturing District).
West -
Residences zoned R-1 (Residential - Single Family District)5.
The
nearest major cross street is Taft Avenue, located approximately 200
ft. north of the subject property. Both Tustin Street and
Taft Avenue are designated by the City's Master Plan of Arterial Highways
as Augmented Primary Arterials with 100 ft. wide ultimate rights-
of-way. The site has frontage on Tustin Street
only.
6. The applicant proposes to locate a freestanding kiosk-
type structure in the parking lot of an existing Standard Brands
Paint Store. The fully enclosed vending machine portion of the
structure is 85 sq. ft. The overall size of the entire structure,
including the glass solarium, is approximately 324 sq. ft.
7. The structure is proposed to be located within the first
row of parking spaces parallel to Tustin Street, and will occupy
the 4th and 5th parking spaces south of the northerly driveway.
8. The structure consists of an automated video cassette
vending machine, which operates in a manner similar to a bank
automated teller machine. Rental transactions are dealt with by
credit card. The vending machine will be operating 18 hours a day,
7 days a week. There will be no employees on the premises except
for maintenance and re-stocking of merchandise, approximately
every 2 to 3
weeks.NOW, THEREFORE, BE IT RESOLVED by the city Council of the
city of Orange that Appeal 382 is hereby denied and Conditional
Use Permit 1883-90 is granted for the
following reasons:1. The proposed structure is located over 130 feet
away from the existing business to minimize potential
conflicts with on-site
parking and circulation.2. The proposed structure is located outside
the 10 foot front setback area to allow for
adequate vehicle sight distances at
driveway access points.3. The proposed structure is locates 169 feet
away from the existing residences to the west and there is
an existing 6 Reso
No.
7753
foot hiqh block wall along the west property line to mitigate
potential BOise impacts.
4. Although the placement of the proposed structure will
result in a net loss of three existing parking stalls, the
parking provided on site will be 16 spaces in excess of Code
requirement.
BE IT FURTHER RESOLVED that Conditional Use Permit 1833-90
is granted subject to the following
conditions:1. If not utilized, Conditional Use Permit 1883-
90 shall expire in two (2) years from date
of approval.2. Prior to issuance of building permits, the
Design Review Board shall review and approve the final
building and
landscaping plans.Conditions #3 to 7 shall be complied with to the
satisfaction of the City's Crime
Prevention Bureau:3. All structures shall comply with the
requirements of Orange Municipal Code Chapter 15.52 (
Building Security Standards), which relates to hardwares,
doors, windows,lighting etc.... (Ord. 7-79). The lighting
at night time shall be limited to the vicinity of the video
kiosk and the existing drive approaches. Subject to the
requirements of the Crime Prevention Bureau, the reasonable
concerns of the adjacent property owners to the west
shall be satisfied,including directing the lighting away
from those properties.Approved structural drawings shall include
sections of the security code that applies.
Specifications, details, or security notes may be used to convey
the compliance. This will be reviewed in Plan Check by the
Crime Prevention Bureau
prior to approval.4. An illuminated address of 8 inches in
height shall be required. Address lettering shall be contrasting
to the back-ground and visible to approaching
vehicles. Location of address to be reviewed and approved by
the
Crime Prevention bureau.5. A second address of 6 inches in
height is required,located at the west end
of the structure.6. Lighting shall be provided per the minimum
standards of Orange Municipal Code Section 15.52.090, relatedtorequiredparkingspacesaccesstothisstructure. Support lighting plans with photometrics
indicating compliance.7. Various development fees are required forthisproject,including but not limited to
the following:Transportation System Improvement
Project Fee Fire
Facility Fee Police
Facility Fee School
Facility Fee 3-Reso
8. Video rentals shall be restricted to films that are
designated no higher than "R" ratings. Films that are
designated for adults only, such as "X", "NC-17", and
similar ratings shall be prohibited. The types of video
films prohibited are more fully defined in Section 17.44.050 F
of the Orange Municipal
Code.9. An additional parking space shall be deleted to allow
the kiosk-type structure to occupy 3 of the parking
spaces. The structure shall be centered between the
adjacent parking spaces with landscaped planters on both sides.
The structure shall be centered between the adjacent parking
spaces with landscaped planters on both sides. The structure
shall also be provided with a 4 foot wide pedestrian walkway
between the west building elevation and the edge of the 2-
way drive aisle.10. Video merchandise displays shall be limited
to the north,south, and west building elevations only.
Such display shall be prohibited on the west building
elevation
along Tustin Street.11. No business shall be conducted between 12:01
a.m. and 6:00 a.m each day. After one year
of operation, applicants may request reconsideration to
remove this restriction.ADOPTED
this
12th 1991.
ATTEST:of Orange I hereby certify that the foregoing Resolution
was duly and regularly adopted by the city Council of the City of
Orange at a regular meeting thereof held on the 12th
day of February ,1991, by
the following vote:AYES: COUNCIL MEMBERS:
STEINER, BARRERA, SPURGEON NOES: COUNCIL MEMBERS:
MAYOR BEYER, COONTZ ABSENT:
COUNCIL MEMBERS: NONEffi<~ Q v:~//~C ty C erk th&"
Ci of Orange Reso No.
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Applicant' Max and Penny Hall Conditional
Use Permit 1883-90 9ci{JNT~
c.t-'"12/17P.C.Reso.
No.
7753 Exhibit