HomeMy WebLinkAboutPC RES 4130RESOLUTION N0.4130
A RESOLUTION OF THE PLANNING COMMISSION
DENYING CONDITIONAL USE PERMIT 09-015 TO
ESTABLISH A CONVENIENCE STORE LOCATED
AT 13842 NEWPORT AVENUE, UNIT C.
The Planning Commission of the City of Tustin does hereby resolve as follows:
A. That a proper application, Conditional Use Permit 09-015, was filed by Anjana
N. Patel, requesting to establish and operate a convenience store within an
existing tobacco store located at 13842 Newport Avenue. The subject property
is located within the Commercial General (CG) zoning district and General Plan
Land Use Designation of Community Commercial.
B. That a public hearing was duly called, noticed, and held for said application on
August 25, 2009, by the Planning Commission.
C. That pursuant to Section 15270(a) of the California Code of Regulations
(Guidelines for the California Environmental Quality Act) CEQA does not apply
to projects which a public agency rejects or disapproves.
r D. That the Planning Commission reviewed and considered the staff report to
the Planning Commission dated August 25, 2009, including all attachments
4- -- and exhibits incorporated herein by reference, prior to taking action on the
proposed Conditional Use Permit application.
E. That In determining whether to approve the conditional use permit for the
proposed convenience store in conjunction with atobacco/smoke shop, the
Planning Commission must determine whether or not the proposed use to be
operated by Mr. Patel will be detrimental to the health, safety, morals, comfort,
or general welfare of the persons residing or working in the neighborhood, be
injurious or detrimental to the property and improvements in the neighborhood
of the subject property, or to the general welfare of the City of Tustin. The
decision to deny this request is supported by the following findings:
1. That the project site is located approximately 450 feet from Tustin High
School and approximately 600 feet from Lambert Elementary School.
The proximity of the project site to Tustin High School and Lambert
Elementary school would have the propensity to entice activities
involving minors. The addition of convenience goods to the tobacco
store/smoke shop would make the site more accessible to minors and
may increase the accessibility of tobacco related products to minors.
The use as a tobacco store/smoke shop is prohibited to persons under
eighteen (18). If a convenience store is approved, the facility would be
freely accessible to minors as would the tobacco products.
Resolution No. 4130
Page 2
2. That the business owner has been operating an unauthorized
convenience store at the subject location and has twice been issued a
notice of violation by City Code Enforcement Officers on May 10, 2006
and on March 11, 2009. The existing sign advertising a market and
smoke shop in which the market was not authorized has been installed
without proper sign permit. Accordingly, compliance with Tustin City
Codes does not appear to be of tantamount importance to the business
owner.
3. That the business owner was issued a citation on September 26, 2007
for illegally selling individual cigarettes to customers. On February 24,
2008, Tustin Police Officers issued citations to minors for possession of
tobacco products upon exiting Mr. Patel's tobacco store/smoke shop.
On March 6, 2009 and August 7, 2009, the business owner was issued
citations for engaging in illegal sales of tobacco products to minors as
witnessed by the Tustin Police Department. The applicant has a proven
record of operating a business illegally at the subject location and has
repeatedly been involved in illegal activities involving minors. While
operating an unauthorized convenience store, the business owner has
been involved in the sale of tobacco related products to minors.
4. That based upon the repeated violations and the number of incidents
involving sales of tobacco products to minors, one can conclude that the
subject tobacco store/smoke shop and in particular, the applicant, has a
reputation within the community of not checking identification and not
complying with the law regarding the sale of tobacco-related products.
5. That pursuant to the State Law, the tobacco store/smoke shop on the
premises is prohibited from having minors enter the shop unless
accompanied by a parent or legal guardian. The addition of a
convenience store to the existing tobacco store/smoke shop would allow
minors to enter the facility without the need of a parent or legal guardian
accompanying them; thus, would increase access to tobacco related
products and would results in additional police and code enforcement
actions.
6. The establishment of a convenience store in conjunction with a
tobacco/smoke shop at the proposed location and run by the applicant
with records of violating the law regarding the sale of tobacco-related
products to minors will be detrimental to the health, safety, morals,
comfort, and general welfare of the persons residing and working in the
neighborhood and the City as a whole.
II. The Planning Commission hereby denies Conditional Use Permit 09-015,
requesting to establish and operate a convenience store within an existing
tobacco store located at 13842 Newport Avenue, Unit C.
Resolution No. 4130
Page 3
PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held
on the 25th day of August, 2009.
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CHARLES E. PUCKETT
Chairperson
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ELIZABETH A. BIN ACK
Planning Commission Secretary
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF TUSTIN
I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning
Commission Secretary of the City of Tustin, California; that Resolution No. 4130 was duly
passed and adopted at a regular meeting of the Tustin Planning Commission, held on the
25th day of August, 2009.
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ELIZABETH A. BIN ACK
Planning Commission Secretary