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HomeMy WebLinkAboutZA Action 10-009ZONING ADMINISTRATOR ACTION 10-009 CONDITIONAL USE PERMIT 10-007 14244 NEWPORT AVENUE The Zoning Administrator of the City of Tustin does hereby resolve as follows: The Zoning Administrator finds and determines as follows: A. That a proper application for Conditional Use Permit 10-007 was filed by Abhisek Jha to request authorization to establish a convenience store for the purpose of selling packaged foods, bottled and canned beverages, and bottled water in conjunction with an existing service station located at 14244 Newport Avenue. B. That the proposed use is consistent with the Tustin General Plan in that the property is designated as "Community Commercial" which provides for the establishment of commercial uses. In addition, the project has been reviewed for consistency with the Air Quality Sub- Element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub-Element. C. That the project is located within the Commercial General (CG) zoning district where convenience stores are conditionally permitted; C. Pursuant to Tustin City Code Sections 9235c1. and 9232b10. convenience stores are permitted within the Commercial General (CG) zoning district with approval of a conditional use permit. The proposed convenience store is consistent with the definition of a convenience store provided in Tustin City Code (TCC) Sections 9235c1. and 9232b10. in that the convenience store is less than 15,000 square feet in size and sells food and beverages for off-site use and consumption. D. That a public hearing was duly called, noticed, and held on said application on September 13, 2010, by the Zoning Administrator. E. That the establishment, maintenance and operation of the proposed market 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 SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCYREQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION ZAA 10-009 Page 2 use, nor 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 in that: As conditioned, the use would be limited to the sale of packaged foods, bottled and canned beverages, and bottled water in the interior of the premises; 2. As conditioned, all convenience store displays and activities shall be conducted inside the building. 3. As conditioned, the nature, operation, and scale of the convenience store are compatible with surrounding commercial uses and the store would provide for convenient shopping for the gas station customers and nearby residents. 4. The project complies with the City's parking requirements. 5. The hours of operation of the convenience store are consistent with the hours of operation of the service station. F. This project is Categorically Exempt pursuant to Section 15301, Class 1 of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Zoning Administrator hereby approves Conditional Use Permit 10-007 to establish convenience store for the purpose of selling packaged foods, bottled and canned beverages, and bottled water in conjunction with an existing service station located at 14244 Newport Avenue, subject to the conditions contained in Exhibit A attached hereto. PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular meeting held on the 13th day of September, 2010. ~~ ELOISE RRIS RECORDING SECRETARY ~q,,.1. ~ ~ ~ ~d---- DANA L. OGDON ACTING ZONING ADMINISTRATOR ZAA 10-009 Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ELOISE HARRIS, the undersigned, hereby certify that I am the Recording Secretary of the Zoning Administrator of the City of Tustin, California; that Zoning Administrator Action No. 10-009 passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 13t" day of September, 2010. ~~ ELOISE HA IS Recording Secretary EXHIBIT A ZONING ADMINISTRATOR ACTION 10-009 CONDITIONAL USE PERMIT 10-007 14244 NEWPORT AVENUE GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped September 13, 2010, on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Director of Community Development may also approve subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code. (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified, subject to review and approval by the Community Development Department. (1) 1.3 This approval shall become null and void unless the use is established within twelve (12) months of the date of this Exhibit. Time extensions may be granted if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.4 Approval of Conditional Use Permit 10-007 is contingent upon the applicant and property owner signing and returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the property owner signing and recording with the County Clerk- Recorder a notarized "Notice of Discretionary Permit Approval and Conditions of Approval" form. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. (1) 1.5 Any violation of any of the conditions imposed is subject to the issuance of an Administrative Citation pursuant to Tustin City Code Section 1162(a). (1) 1.6 Conditional Use Permit 10-007 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. The Community Development Director shall review the use to ascertain compliance with conditions of approval. If the use is not operated in accordance with Conditional Use Permit 10-007, or is found to be a nuisance or negative impacts are affecting the surrounding tenants or SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Exhibit A ZA Action No. 10-009 September 13, 2010 Page 2 neighborhood, the Community Development Director shall impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the Conditional Use Permit. (1) 1.7 As a condition of approval of Conditional Use Permit 10-007, the applicant shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision-making body, including staff, concerning this project. The City agrees to promptly notify the applicant of any such claim or action filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in the defense of any such action under this condition. (1) 1.8 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney's fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. *** 1.9 Prior to commencement of the convenience store, the applicant shall install landscaping (i.e. trees, shrubbery) in the landscape planters along the south property line, subject to final inspection by the City. All landscape areas shall be irrigated and maintained in a healthy and vigorous condition. *** 1.10 The applicant shall obtain a Temporary Sign Permit for the two banners displayed in the landscape areas or remove them. USE RESTRICTIONS (1) 2.1 Convenience store merchandise shall be limited to the following: packaged snack foods, canned and bottled drinks (non-alcoholic), bottled water,. chewing gum, and candy. Any modifications to the merchandise to be sold or services to be offered require approval of the Community Development Department. (1) 2.2 The subject location is not eligible for off-site alcoholic beverage sales since the site does not meet the minimum distance requirements from existing sensitive uses set forth in TCC Section 9271 dd(1)(a). Accordingly, no alcoholic beverages shall be sold from the subject location. Exhibit A ZA Action No. 10-009 September 13, 2010 Page 3 (1) 2.3 Convenience store hours of operation shall be limited to 5:00 AM through 11:00 PM consistent with the service station hours of operation. (1) 2.4 No outdoor storage shall be permitted except as approved by the Director of Community Development. (1) 2.5 All business activity, sales, displays or other business activities related to the convenience store shall be conducted entirely within the subject building. (1) 2.6 All signage shall comply with the Tustin Sign Code. Window signs shall not obstruct more than twenty-five (25) percent of the glass area of the storefront. FEES (1, 5) 3.1 Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of fifty dollars ($50.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period the applicant has not delivered to the Community Development Department the above-noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened.