HomeMy WebLinkAboutPC RES 31211
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RESOLUTION NO. 3121
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN DENYING CONDITIONAL USE PERMIT
93-006, A REQUEST TO ESTABLISH A CONVENIENCE
MARKET WITHIN AN EXISTING TENANT SPACE AT THE
PROPERTY LOCATED AT 13882 NEWPORT AVENUE,
SUITE D, TUSTIN, CA.
The Planning Commission of the City of Tustin does hereby
resolve as follows:
I ·
The Planning Commission finds and determines as
follows:
At
That a proper application, Conditional Use
Permit 93-006, has been filed by Mr. Hamid
Rashidian to establish a convenience market at
the property located at 13882 Newport Avenue,
Suite D, Tustin, California.
Be
A public hearing was duly called, noticed and
held for said application on March 8, 1993 by
the Planning Commission.
Ce
That the establishment, maintenance, and
operation of the use applied for will, 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 and will be a detriment to the property
and improvements in the neighborhood of the
subject property, and to the general welfare
of the City of Tustin as evidenced by the
following findings:
·
The subject site is located in close
proximity to Tustin High School and is
adjacent to multiple family residential
development. The closest path for
pedestrain traffic between the high
school and the proposed convenience
market would be on Bonita Street, through
the residential district. Increased
pedestrain traffic on this residential
street could negatively impact the
welfare and comfort of persons residing
in the neighborhood. Furthermore, Bonita
Street is not improved with continuous
sidewalks. Therefore, students would be
forced to walk in the street which would
cause conflict with vehicluar traffic and
threaten the safety of the students.
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Resolution No. 3121
Page 2
~
The subject site is located in the South
Central Redevelopment Project Area which
was found to be a blighted area pursuant
to Ordinance 890. The sale of items such
as food and beverages for off-site
consumption could promote loitering in
the vicinity of the proposed convenience
market. An increase in loitering caused
by the proposed use would result in the
following:
Se
Cast-off food and beverage packaging
would increase the potential for
litter in the neighborhood.
Increased litter would contribute to.
the further deterioration of the
neighborhood.
be
The potential sale of auto related
items in the proposed convenience
market would result in the potential
use of the parking lot for
automobile repair. The packaging
materials of these auto related
items could be cast-off in the
parking lot, which would result in
the potential for increased litter
and further deterioration of the
neighborhood.
Ce
Loitering in the area of the
proposed convenience market would
result in the potential for graffiti
vandalism in the neighborhood.
Increased occurrence of graffiti
would increase the blight in the
neighborhood.
·
-Convenience markets previously approved
in the South Central Redevelopment
Project ~rea sell specialty items only,
such as produce and ethnic food products.
These establishments have products
selected to cater to the surrounding
neighborhoods. The proposed use would
attract customers driving by the
establishment on Newport Avenue and high
school students in search of a
combination of food, beverage, magazines
and auto related items for off-site use.
The combination of items sold at the
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Resol6tion No. 3121
Page 3
proposed convenience market which
includes a combination of food, beverage,
magazines and auto related items are not
designed to cater to the persons residing
in the surrounding neighborhood, and
would provide no immediate benefit to the
surrounding residents.
·
The policy of the Planning Commission and
City Council is to restrict the
proliferation of convenience markets
pursuant to Ordinance No. 981. Twenty-
two convenience markets and ten
grocery/drug stores over 15,000 square
feet in floor area are located within one
mile of the proposed convenience market.
As the proposed convenience market does
not provide specialty items selected to
cater to the surrounding neighborhoods,
approval of the subject use could
potentially promote the proliferation of
convenience markets.
II. The Planning Commission hereby denies Conditional
Use Permit No. 93-006 to denying authorization to
establish a convenience market at the property
located at 13882 Newport Avenue, Suite D.
PASSED AND ADOPTED at a regular meeting of the Tustin
Planning Commission, held on the 8th day of March, 1993.
KATHLEEN CLANCY~ ~
Secretary
Chairpe~on
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Resolution No. 3121
Page 4
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.
3121 was duly passed and adopted at .a regular meeting of
the Tustin Planning Commission, held on the 8th day of
March, 1993.
Recording Secretary
BC$: br \93006