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HomeMy WebLinkAboutCC RES 93-38 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 22 94 27 28 RESOLUTION NO. 93-38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING CONDITIONAL USE PERMIT 93- 006, TO AUTHORIZE THE ESTABLISHMENT OF A CONVENIENCE MARKET PROVIDING PREPACKAGED FOOD ONLY WITHIN AN EXISTING TENANT SPACE AT THE PROPERTY LOCATED AT 13882 NEWPORT AVENUE, SUITE D, TUSTIN, .CALIFORNIA. The City..Council- of the city ~f Tustin does hereby resolve as follows: I. The City Council finds and determines as follows: ae That a proper application, Conditional Use Permit 93-006, was filed by Mr. Hamid Rashidian to establish a convenience market at the property located at 13882 Newport Avenue, Suite D, Tustin, California. A public hearing was duly called, noticed and held for said application on March 8, 1993 by the Planning Commission. The Planning Commission denied the request to establish a convenience market at 13882 Newport Avenue, Suite D by the adoption of Resolution No. 3121. Co The applicant has appealed the Pianning Commission's denial of Conditional Use Permit 93-006, a request to establish a convenience market at the property located at 13882 Newport Avenue, Suite D, Tustin, California to the City Council. A public hearing to consider the appeal was duly called, noticed and held for said appeal on April 5, 1993 and continued to April 19, 1993, by the City Council. That the establishment, maintenance, and operation of the use applied for will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use and will not be detrimental to the property and improvements in the neighborhood of the subject property, and to the general welfare of the City of Tustin as evidenced by the following findings: 3 4 $ 7 8 10 12 14 15 17 18 19 20 21 22 23 Resolution No. 93-38 Page 2 The proposed convenience market would be located in an existing shopping center and would be compatible with the other existing commercial retail and restaurant uses within the center. The proposed Convenience market would sell only pre-packaged foods. Open foods such as hot dogs, popcorn and self service drinks would be prohibited to ensure that the proposed use is compatible with the surrounding neighborhood. As the subject site is located in the South Central Redevelopment Project Area which was found to be a blighted area pursuant to Ordinance 890, the sale of open foods could encourage loitering and increased. littering which would contribute to the further deterioration of the neighborhood. The proposed use does not propose to sell alcoholic beverages, magazines or auto related items to ensure that the p~oposed use is compatible with the surrounding neighborhood. As the subject site is located in the South Central Redevelopment Project Area which was found to be a blighted area pursuant to Ordinance 890, the sale of alcoholic beverages, magazines or auto related items could encourage loitering and increased littering which would contribute to the further deterioration of the neighborhood. Business hours for the proposed convenience store will be from 9:00 a.m. to 9:00 p.m., Sunday through Saturday. These hours would be compatible with existing commercial uses, surrounding uses, and surrounding residential neighborhoods. As conditioned, the applicant would properly maintain the subject property in a safe, clean and sanitary manner; thus eliminating any potential for unhealthful or injurious site conditions. 3 4 5 7 8 9 10 11 12 13 14 15 17 18 2O 9_1 22 27 28 Resolution No. 93-38 Page 3 Fo This project is categorically exempt from the requirements of the California Environmental Quality Act, pursuant to Section 15303. II. The City Council hereby approves Conditional Use Permit No. 93-006, a request to authorize the establishment of a convenience market providing pre-packaged foods only at the property located at 13882 Newport Avenue, Suite D subject to the conditions contained in Exhibit A, attached hereto. PASSED AND ADOPTED by the City Council of the City of Tustin on the 19th day of April, 1993. May~' .... STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) ss CERTIFICATION FOR RESOLUTION NO. 93-38 MARY E. WYNN, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is 5; that the above and foregoing Resolution No. 93-38 was duly and regularly introduced, passed, and adopted at a regular, meeting of the Tustin City Council, held on the 19th day of April, 1993. COUNCILMEMBER AYES: Pontious, Pot,s, Saltarelli, Thomas COUNCILMEMBER NOES: None COUNCILMEMBER ABSTAINED: None .~ciRY E. WYNN ty Clerk (1) (i) (i) (i) EXHIBIT A RESOLUTION NO. 93-38 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 93-006 .GENERAL 1.1 The proposed project shall substantially conform to submitted plans date-stamped April 19, 1993 on file with the Community Development Department. 1.2 Approval of Conditional Use Permit 92-026 is contingent upon the applicant signing and returning an "Agreement to Conditions Imposed" form as established by the Director of Community Development. 1.3 Operations shall begin within 12 months of approval or this Conditional Use Permit shall become null and void. 1.4 Ail construction shall meet the requirements of the 1988 Uniform Building Code. 1.5 The applicant shall hold harmless and defend the City of Tustin for all claims and liabilities arising out of the City's approval of the entitlement process for this project. USE RESTRICTIONS (2) i. The sale of food related items shall be restricted to pre-packaged foods only. The sale of open foods such as hot dogs, deli sandwiches, prepared foods, popcorn and self service drinks shall be prohibited. No microwave heating and serving equipment or food preparation equipment shall be available on-site. SOURCE CODES (1) STANDARD CONDITIONS (2) CITY COUNCIL POLICY (3) MUNICIPAL CODE (4) RESPONSIBLE AGENCY REQUIREMENT (5) UNIFORM BUILDING CODE(S) Exhibit A Resolution No. 93-38 Conditions of Approval Page 2 (2) 2. (2) 3. (1) 4. (z) 5. (2) (4) (4) (z) $. (4) (z) 9. (4) (z) zo. The sale of magazines, comic books, and all auto related items shall be prohibited. The sale of alcoholic beverages shall be prohibited. "No loitering" signs shall be posted at all entrances of the tenant space or other specified locations, subject to the approval of the Director of Community Development. The installation of pool tables and/or coin operated games shall be prohibited. Hours of operation shall be limited to 9:00 a.m. to 9:00 p.m., Sunday through Saturday. Outside storage or displays, outdoor or sidewalk sale of merchandise or outdoor seating shall be prohibited. All business activity shall take place entirely within the building. The Tustin City Noise Ordinance, allowing a maximum exterior noise level of 60 dBa shall be observed on the premises at all times. Ail signs shall conform to the City of Tustin Sign Code, including window signs which shall not exceed 25% of glass area upon which the sign is located. All signs shall require approval by the Community Development Department prior to installation. The subject property shall be maintained in a safe, clean and sanitary condition at all times. Faiiure to do so may be grounds for revocation of this conditional use permit.