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RESOLUTION NO. 3319
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 94-026
AUTHORIZING THE ESTABLISHMENT OF A CONVENIENCE
STORE, EXCLUDING THE SALE OF ALCOHOLIC BEVERAGES,
AT AN EXISTING.COMMERCIAL CENTER LOCATED AT 14702
NEWPORT AVENUE.
The Planning Commission of the City of Tustin does hereby
resolve as follows:
I. The Planning Commission finds and determines as follows:
ae
That a proper application, Conditional Use Permit
94-026, has been filed by Abdul Jiwa requesting
authorization to establish a convenience store
excluding the sale of alcoholic beverages at an
existing commercial center located at 14702 Newport
Avenue.
S ·
A public hearing was duly noticed, called and held
for said application on December 12, 1994 by the
Planning Commission.
C·
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, 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 as evidenced
by the following:
·
The proposed convenience store use to be
located in an existing commercial center is
compatible with surrounding commercial uses.
·
The proposed convenience store would not offer
alcoholic beverages as part of its business.
·
The business hours for the proposed
convenience store will be 8:30 a.m. to 7:30
p.m., seven (7) days a week.
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Resolution No. 3319
Page 2
·
The existing shopping center is required to
provide adequate lighting for pedestrian and
parking areas, creating a safe environment for
customers of the store.
·
As conditioned, the applicant will post a "No
Loitering" sign to ensure the well-being of
the customers of the convenience store and
surrounding uses of the center.
·
As conditioned, the applicant and property
owner will properly maintain the subject
property in a safe, clean and sanitary manner,
and provide a City-approved trash enclosure;
thus eliminating any potential for unhealthful
or injurious site conditions.
·
As conditioned, the property owner will
maintain all on-site landscaping to promote a
safe and aesthetically pleasing environment.
·
The project will not require the alteration of
surrounding properties or the construction of
any off-site improvements that would impact
surrounding properties.
De
This project has been determined to be
Categorically Exempt (Class 3) pursuant to Section
15303 of the California Environmental Quality Act.
II. The Planning Commission hereby approves Conditional Use
Permit 94-026 authorizing the establishment of a
convenience store at 14702 Newport Avenue, subject to the
conditions contained in Exhibit A, attached hereto.
PASSED AND ADOPTED at a regular meeting of~he Tustin Planning
Commission, held on the 12th day of December 1994.
~ ~ A.~.. BX.K]~
~~/~_Z~_~- ~ Chairperson
' B~BA~ REYES ~
Secretary
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Resolution No. 3319
Page 3
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, BARBARA REYES, the undersigned, hereby certify that I am
the Recording Secretary of the Planning Commission of the City
of Tustin, California; that Resolution No. 3319 was duly
passed and adopted at a regular meeting of the Tustin Planning
Commission, held on the 12th day of December, 1994.
BARBARA REYES~
Recording Secretary
EXHIBIT A
CONDITIONAL USE PERMIT 94-026
CONDITIONS OF APPROVAL
RESOLUTION NO. 3319
GENERAL
(1) 1.1 The proposed project shall substantially conform with the
submitted plans for the project date stamped December 12,
1994, on file with the Community Development Department,
as herein modified, or as modified by the Director of
Community Development Department in accordance with this
Exhibit.
(1) 1.2 Unless otherwise specified, the conditions contained in
this Exhibit shall be complied with prior to the issuance
of an Amendment to the Business License permitting
limited convenience items.
(1) 1.3 The Applicant shall submit an amended Business License
application to identify the sale of convenience items as
authorized by the subject Conditional Use Permit. The
City will process this amendment at no cost to the
applicant.
(1) 1.4 Approval of Conditional Use Permit 94-026 is contingent
upon the applicant and property owner signing and
returning an "Agreement to Conditions Imposed" form, as
established by the Director of Community Development.
(1) 1.5 The applicant shall hold harmless and defend the City of
Tustin from all claims and liabilities arising out of the
City's approval of the entitlement process for this
project.
(1) 1.6 The subject Conditional Use Permit shall only be valid
for the subject operator provided that a City Business
License is maintained current. Should a new applicant
wish to operate a convenience market, an amendment to the
subject Conditional Use Permit shall be required.
PLAN SUBMITTAL
(5) 2.1 A landscaping plan indicating types of landscaping to
replace dead or missing plant material in existing
planters and any necessary irrigation repairs shall be
submitted to the Community Development Department. Said
plans shall comply to the greatest extent feasible with
the City's Landscape and Irrigation Guidelines.
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 - CUP 94-026
Conditions of Approval
Resolution No. 3319
Page 2
USE RESTRICTIONS
(5) 3.1 Business hours for the proposed convenience store will be
8:30 a.m. to 7:30 p.m., seven (7) days a week. Any
change of hours may be approved by the Community
Development Department, without amendment to this
Conditional Use Permit.
(5) 3.2 "No loitering" signs shall be posted at the entrance of
the business or other location(s) as requested by the
Community Development Department.
(5) 3.3 Any Health Code or other violations, as determined by the
County of Orange Health Care Agency, may be grounds for
revocation of this Conditional Use Permit.
(5) 3.4 Any outdoor or sidewalk sale of merchandise or seating
shall be subject to separate review and approval by the
City. All business activity shall take place entirely
within the building.
(5) 3.5 The sale of prepared foods, self-service beverages or
magazines shall be prohibited, unless separate approvals
are first obtained from the Community Development
Department. The sale of alcoholic beverages shall be
prohibited unless a separate Conditional Use Permit is
approved by the Planning Commission.
(5) 3.6 The subject property shall be maintained in a safe, clean
and sanitary condition at all times.
(5) 3.7 The existing trash enclosure shall be utilized for
storage of trash bins. There shall be no outdoor storage
of materials.
(5) 3.8 Ail broken and inoperable light fixtures on the building
shall be repaired and retrofitted with vandal-proof
fixtures. Additional lighting shall be provided at the
rear of the building for security purposes. The
applicant shall submit design details of all proposed
fixtures to be reviewed and approved by the Community
Development Department and the Police Department. Said
fixtures shall be maintained in operating condition.
(5) 3.9 Ail graffiti shall be removed within 72 hours of a
complaint being transmitted by the City to the property
owner. Failure to maintain said structure and adjacent
facilities will be grounds for City enforcement of its
Property Maintenance Ordinance, including nuisance
abatement procedures.
Exhibit A - CUP 94-026
Conditions of Approval
Resolution No. 3319
Page 3.
(5) 3.10 This Conditional Use Permit authorizes the sale of candy,
packaged foods, beverages, and limited auto related
items. These "convenience" items shall occupy no more
than 25 percent of the sales area to ensure that the
convenience market remains an accessory use and the
general retail store is the primary use. Any
modification to this limitation shall be approved by the
Zoning Administrator.
SIGNS
(5) 4.1 Ail signs, including any change of copy, require review
and approval by the Community Development Department
prior to installation.
(5) 4.2 Ail signs shall conform to the City of Tustin Sign Code
including window signs which shall not exceed 25% of the
~ glass area upon which the sign is located.
(5) 4.3 No sign component shall flash, blink, or be otherwise
animated. Such animation is strictly prohibited.
(5) 4.4 No sign shall be mounted or painted on any roof,
including mansard roofs, unless required by the City
Security Ordinance, or the Police or Fire Departments.
In order to provide appropriate business identification
for the subject convenience store, it may be necessary to
remove the mansard roof element and replace it with a
parapet element consistent with the existing parapet
above the remaining tenant spaces on the property. The
alteration of the roof would require design review and
approval by the Community Development Department prior to
the issuance of building permits.
FEES
(1) 5.1 Prior to the issuance of any building permits for the
trash enclosure, payment shall be made of all applicable
building plan check and permit fees to the Community
Development Department.
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