HomeMy WebLinkAboutPC RES 31861
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RESOLUTION NO. 3186
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 93-025
AUTHORIZING THE ESTABLISHMENT OF A CONVENIENCE
STORE, EXCLUDING THE SALE OF ALCOHOLIC BEVERAGES,
AT AN EXISTING COMMERCIAL CENTER LOCATED AT 15822
PASADENA AVENUE.
The Planning Commission of the City of Tustin does hereby
resolve as follows:
I ·
The Planning Commission finds and determines as follows:
A·
That a proper application, Conditional Use Permit
93-025, has been filed by Joel Coronado requesting
authorization to establish a convenience store
excluding the sale of alcoholic beverages at an
existing commercial center located at 15822
Pasadena Avenue.
Be
A public hearing was duly noticed, called and held
for sai~ application on September 13, 1993 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 8:00 a.m. to 9:00
p.m., seven (7) days a week.
·
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
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Resolution No. 3186
Page 2
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 the property owner will provide a City-
approved trash enclosure for the entire
property; 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.
·
As conditioned, the pr'operty owner will ensure
that all signs on the property are in
conformance with' the Tustin Sign Code by
developing a master sign plan, thus improving
and updating the appearance of the commercial
center and providing a more inviting shopping
environment for all customers that will
encourage patronage while discouraging
vandalism, littering, and criminal activity.
·
The project will not require the alteration of
surrounding properties or the construction of
any off-site improvements that would impact
surrounding properties.
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 93-025 authorizing the establishment of a
convenience store at 15822 Pasadena Avenue, subject to
the conditions contained in Exhibit A, attached hereto.
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Resolution No. 3186
Page 3
PASSED AND ADOPTED at a regular meeting of the Tustin Planning
Commission, held on the 13th day of September, 1993.
Secretary
MA~R ~AvS -
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. 3186 was duly
passed and adopted at a regular meeting of the Tustin Planning
Commission, held on the 13th day of September, 1993.
KATHLEEN CI~A~Y ,~
Recording Secretary
E~IBIT A
CONDITIONAL USE PERMIT 93-025
CONDITIONS OF APPROVAL
RESOLUTION NO. 3186
GENERAL
(1) 1.1 The proposed project shall substantially conform with the
submitted plans for the project date stamped September
13, 1993, 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 any building permits for the project, 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 93-025 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.
PLAN SUBMITTAL
(1) 2.1 At plan check, submit three (3) sets of construction
plans, two (2) sets of structural calculations and Title
24 energy calculations prepared be a licensed
engineer/architect. No field changes shall be made
without corrections submitted to and approved by the
Community Development Department.
(5) 2.2 A lighting survey shall be submitted for the entire
property showing that a minimum of one footcandle of
light is provided in compliance with the City's Security
Ordinance.
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 93-025
Conditions of Approval
Resolution No. 3186
Page 2
(5) Z.3 A landscaping plan indicating types of landscaping to be
planted for the entire property shall be submitted to the
Community Development Department prior to the issuance of
building permits or business license.
USE RESTRICTIONS
(5) 3.1 Business hours for the proposed convenience store will be
8:00 a.m. to 9:00 p.m., seven (7) days a week.
Any extension of these hours shall require approval of an
amendment to this Conditional Use Permit by the Planning
Commission.
(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 No outdoor or sidewalk sale of merchandise or seating
shall be permitted. Existing seating adjacent to
existing laundromat shall be removed. All business
activity shall take place entirely within the building.
(5) 3.5 No off-site alcoholic beverage sales shall be permitted.
(5) 3.6 The subject property shall be maintained in a safe, clean
and sanitary condition at all times.
(5) 3.7 A sufficient number of trash bins with surrounding
enclosure shall be located on the north end of the
property directly adjacent to the rear of the proposed
convenience store and maintained to avoid health issues
for neighboring residential areas. Adequate size trash
enclosures with solid metal, self closing, self latching
gates shall be provided. Said enclosure shall be
screened by a solid decorative wall consistent with the
adjacent building's material and finish and be of a
minimum height of six feet. The actual location of the
enclosure and types of screening and details of the
enclosure shall be submitted at building plan check and
are subject to approval by the Community Development
Department. The location of bins, sizes and quantities
Exhibit A - CUP 93-025
Conditions of Approval
Resolution No. 3186
Page 3
shall be reviewed and accepted by Great Western
Reclamation.
(5) 3.8 The building shall meet all applicable requirements set
forth in the Tustin Security Code relating to commercial
structures, including lighting and locking devices.
(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.
· (5) 3.10 Landscape buffer between parking lot and sidewalk shall
be trimmed and maintained so as not to exceed 36 inches
in height nor encroach on adjacent sidewalk. In
addition, all storefront landscape planters shall be
maintained with landscaping in accordance with the City's
Landscaping and Irrigation Guidelines.
(5) 3.1~ Ail parking areas and walkways for the entire property
shall be steamcleaned and maintained free of trash and
debris on a regular basis as needed. All damaged and
cracked areas shall be repaired.
(5) 3.~Z Opaque materials shall not cover more than 25 percent of
the aggregate area of all windows and doors for each
tenant space on the entire property.
(5) 3.~3 Light fixtures along south building wall shall be
repaired and/or replaced with alternate light fixtures.
Fluorescent fixtures above walkway in front of proposed
convenience store shall be covered or replaced. All new
fixtures are subject to review 'and approval by the
Community Development Department prior to the issuance of
building permits.
(5) 3.~4 The chain link gate providing access to roof ladder shall
be repaired and/or replaced.
(3) 3.15 No exterior public phones to be allowed on subject site,
to prevent loitering.
Exhibit A - CUP 93-025
Conditions of Approval
Resolution No. 3186
Page 4
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.
(5) 4.5 The existing pole sign at the northwest corner of the
subject property contains business identification for
Circle K Corporation, which is now located on an adjacent
property. This sign face shall be removed and replaced
with business identification for a tenant located on the
subject property prior to issuance of building permits.
FurthermoreJ, all exposed sign cabinets shall be covered
with sign faces with or without copy prior to the
issuance of building permits. Because the subject pole
sign is considered a legally established nonconforming
sign, it shall not be structurally altered as to change
the size, shape, position, location, or method of
illumination of the sign.
(5) 4.6 Ail signs for the entire property not authorized by the
Tustin City Code shall be removed prior to issuance of
building permits or business license for the subject
convenience store.
Exhibit A - CUP 93-025
Conditions of Approval
Resolution No. 3186
Page 5
(5) 4.7 Ail signs and their supporting structures shall be
enclosed, structurally safe, and maintained in good
condition and shall comply with the most current Uniform
Building Codes, as locally amended.
(5) 4.8 The property owner of the subject property shall develop
a master sign plan for the entire property which shall be
submitted to the Community Development Department for
review prior to the issuance of any building permits or
business license for the subject convenience store. Said
master sign plan shall be reviewed for conformance with
the following criteria:
(a) Signs shall reflect a common theme, incorporating
design elements in terms of materials, letter
styles, colors, illumination, sign type, and sign
shape.
(b) Signs shall utilize materials, colors, and a design
motif which are compatible and which reflect the
special qualities of the architecture of the
buildings on the site in both daytime and nighttime
situations.
(c) The master sign plan shall designate appropriate
replacements, if any, which are consistent with the
new signage. Where such signs cannot be replaced
immediately, a schedule or phasing plan for
bringing such signs into conformance with the
master sign plan shall be submitted and become part
of the approval.
FEES
(1) 5.~ Prior to the issuance of any building permits, payment
shall be made of all applicable building plan check and
permit fees to the Community Development Department.
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