HomeMy WebLinkAboutPC RES 322910
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION NO. 3229
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 94-001
AUTHORIZING THE ESTABLISHMENT OF A CONVENIENCE
STORE, EXCLUDING THE SALE OF ALCOHOLIC BEVERAGES,
WITHIN AN EXISTING TENANT SPACE LOCATED AT 13850
RED HILL AVENUE.
The Planning Commission of the City of Tustin does hereby
resolve as follows:
I. The Planning Commission finds and determines as follows:
ao
That a proper application, Conditional Use Permit
94-001, has been filed by Mr. Akram Hanna
requesting authorization to establish a convenience
store excluding the sale of alcoholic beverages
within an existing tenant space located at 13850
Red Hill Avenue.
B,
A public hearing was duly noticed, called and held
for said application on January 24, 1994 by the
Planning Commission.
Ce
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 9:00 a.m. to 9:00
p.m. Monday through Saturday, and 9:00 a.m. to
7:00 p.m. on Sundays.
·
The proposed convenience market would be
unique in that it would provide packaged foods
at a shopping center where there are no other
convenience markets of its type. The gasoline
service stations with convenience markets in
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Resolution No. 3229
Page 2
~
the area generally cater to customers who are
fueling their vehicles.
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.
D,
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 94-001 authorizing the establishment of a
convenience store at 13850 Red Hill Avenue, subject to
the conditions contained in Exhibit A, attached hereto.
PASSED AND ADOPTED at a regular meeting of the Tustin Planning
Commission, held on the 13th day of September, 1993.
Secretary
Chairperson
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, KATHLEEN CLANCY, the undersigned, hereby certify that I am
the Recording Secretary of the Planning Commission of the City
of Tustin, California; that Resolution No. 3229 was duly
passed and adopted at a regular meeting of the Tustin Planning
Commission, held on the 24th day of January, 1994.
KATHLEEN C
Recording Secretary
EX~_ IBIT A
CONDITIONAL USE PERMIT 94-001
CONDITIONS OF APPROVAL
RESOLUTION NO. 3229
GENERAL
(1) 1.1 The proposed project shall substantially conform with the
submitted plans for the project date stamped January 24,
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 sale of
convenience items including packaged foods, beverages,
magazines and auto related items, subject to review and
approval by the Community Development Department.
(1) 1.3 Conditional Use Permit approval shall become null and
void unless all permits are issued and operations begin
within twelve (12) months of the date of this Exhibit.
(1) 1.4 Approval of Conditional Use Permit 94-001 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 arisi~g out of the
City's approval of the entitlement process for this
project.
USE RESTRICTIONS
(5) 2.1 Business hours for the proposed convenience store will be
9:00 a.m. to 9:00 p.m. Monday through Saturday, and 9:00
a.m. on Sunday. Any extension of these hours shall
require approval of an amendment to this Conditional Use
Permit by the Planning Commission.
(5) 2.2 "No loitering" signs shall be posted at the entrance of
the business or other location(s) as requested by the
Community Development Department.
mmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmm
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 94-001
Conditions of Approval
Resolution No. 3229
Page 2
(5) 2.3 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) 2.4 No outdoor or sidewalk sale of merchandise or seating
shall be permitted. All business activity shall take
place entirely within the building.
(5) 2.5 No off-site alcoholic beverage sales shall be permitted.
(5) 2.6 The subject property shall be maintained in a safe, clean
and sanitary condition at all times.
(5) 2.7 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.
bcs:br