Protect Tustin Ranch v. City of Tustin CA4/3

Good Law
Court of Appeal of CaliforniaSeptember 28, 2021G059709California3,626 words

Opinion

Opinion

FACTS

Real Party in Interest Costco Wholesale Corporation (Costco) wants to build a gas station next to an existing Costco warehouse located in an area of the City known as Tustin Ranch. The project site is within an already built shopping center located along a major commercial thoroughfare. It is adjacent to the Tustin Auto Center and the Tustin Marketplace, a large retail center, as well as some residential neighborhoods. Other existing buildings in the shopping center include a McDonald’s 1 All statutory references are to the Public Resources Code unless otherwise specified.

2 restaurant, a vacant major retail store, a Goodyear Tire Center and two multi-tenant buildings. The project has two components: (1) construction of a 16-pump (32-fuel position) gas station with a canopy, related equipment and landscaping; and (2) demolition of an existing Goodyear Tire Center and adjacent surface parking, all to be replaced with 56 new surface parking stalls. The gas station portion of the project will replace a portion of an existing surface parking lot. Costco applied to the City for a conditional use permit (CUP) and design review approval. Its original development application…

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