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HomeMy WebLinkAboutPC RES 32811 RESOLUTION NO. 3281 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, MODIFYING THE ZONING ADMINISTRATOR'S ACTION RELATED TO CONDITION NOS. 3.7 AND 3.11 OF CONDITIONAL USE PERMIT 94-009, A REQUEST TO ESTABLISH A CONVENIENCE STORE, EXCLUDING THE SALE OF ALCOHOLIC BEVERAGES, AT AN EXISTING SERVICE STATION LOCATED AT 12972 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 94-009, was filed by Merid Maniazewal requesting authorization to establish a convenience store excluding the sale of alcoholic beverages at an existing service station located at 12972 Newport Avenue. S · That a public hearing was duly noticed, called and held for said application on June 6, 1994 by the Zoning Administrator. The Zoning Administrator approved the request to establish a convenience market at 12972 Newport Avenue by the adoption of Zoning Administrator Action 94-2. Ce That the applicant has appealed the Zoning Administrator's Action related to Condition Nos. 3.7 and 3.11 of Zoning Administrator Action 94-002 to the Planning Commission. De That a public hearing to consider the appeal was duly called, noticed and held for said appeal on June 27, 1994 by the Planning Commission. E. That the establishment, maintenance, and operation of the use applied for will not, under the circumstances of the particular use, be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood of such proposed use, or injurious or detrimental to the property and improvements in the neighborhood or to the general welfare of the City of Tustin as evidenced by the following findings: · The proposed convenience store use to be located in an existing service station is compatible with surrounding commercial uses. 10 11 12 13 14 15 16 17 18 ~9 20 21 22 23 24 25 26 27 28 Resolution No. 3281 Page 2 · The proposed convenience store would not offer alcoholic beverages as part of its business. · · The business hours for the proposed convenience store will be 6:00 a.m. to 10:00 p.m., seven (7) days'a week. The existing service station 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 service station. · As conditioned, the applican~ and property owner will properly maintain the subject property in a safe, clean and sanitary manner. · 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. F· That this project has been determined to be Categorically Exempt (Class 3) pursuant to Section 15303 of the California Environmental Quality Act. G. That this project has been found to be in conformance with the General Plan. II. The Planning Commission hereby modifies the Zoning Administrator's Action to delete Condition Nos. 3.7 and 3.11 of Conditional Use Permit No. 94-009, a request to authorize the establishment of a convenience store at 12972 Newport Avenue, subject to all other conditions contained in Exhibit A of Zoning Administrator Action 94- 002. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 3281 Page 3 PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 27th day of June, 1994. KATHY WEI~ Chairperson Secretary 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. 3281 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 27th day of June, 1994. BARBARA RE ~/E S Recording Secretary