HomeMy WebLinkAboutPC RES 30671
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RESOLUTION NO. 3067
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TUSTIN, CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT 92-026, AUTHORIZING A CONVENIENCE STORE,
EXCLUDING THE SALE OF ALCOHOLIC BEVERAGES, TO BE
ESTABLISHED WITHIN AN EXISTING TENANT SPACE AT THE
PROPERTY LOCATED AT 14441 NEWPORT AVENUE, TUSTIN.
The Planning Commission of the City of Tustin does hereby
resolve as follows:
I ·
The Planning Commission finds and determines as follows:
A·
A proper application, Conditional Use Permit 92-
026, has been filed by Mr. Amir H. Amiralaie and
Mr. Mohammad Ghomizadett requesting authorization
to establish a convenience store, excluding the
sale of alcoholic beverages, within an existing
tenant space at 14441 Newport Avenue.
B·
A public hearing was duly called, noticed and held
for said application on August 10, 1992.
Ce
De
The proposed use is conditionally permitted within
the Retail Commercial (C-i) District pursuant to
City Code Section 9232b(u).
That the establishment, maintenance, and 6peration
of the use applied for would 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 a
detriment to the property and improvements in the
neighborhood of the subject property, nor to the
general welfare of the City of Tustin as evidenced
by the following findings:
·
The proposed use is a convenience store to be
located in an existing shopping center which
would be compatible With the other existing
commercial retail and restaurant uses within
the center.
·
The proposed use does not propose to sell
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 Sunday. These hours will
be compatible with existing commercial uses
and surrounding uses and surrounding
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Resolution No. 3067
Page 2
residential neighborhoods.
·
The existing shopping center provides adequate
lighting for pedestrian and parking areas,
creating a safe environment for customers of
the store.
·
Adequate parking is available on the shopping
center site to provide parking for the current
uses and the proposed convenience store.
·
As conditioned, the applicant will properly
maintain the subject property in a safe, clean
and sanitary manner; thus eliminating any
potential for unhealthful or injurious site
conditions.
Ee
That the establishment, maintenance and operation
of the use applied for will not be injurious or
detrimental to the property and improvements in the
neighborhood of the subject property, nor to the
general'welfare of the City of Tustin, as evidenced
by the findings stated above.
Fe
This project is Categorically Exempt ~rom the
requirements of the California Environmental
Quality Act, pursuant to Section 15303 (Class 3).
II. The Planning Commission hereby approves Conditional
Use Permit 92-026 authorizing establishment of a
convenience store, within an existing tenant space at the
property located at 14441 Newport Avenue, subject to the
conditions contained in Exhibit A attached hereto.
PASSED AND ADOPTED by the Planning Commission of the City of
Tustin at a regular meeting held on the 10th day of August,
1992.
Recording Secretary
EXHIBIT A
RESOLUTION NO. 3067
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT 92-026
GENERAL
(1) 1.1 The proposed project shall substantially conform to
submitted plans date-stamped August 10, 1992, on file
with the Community Development Department.
(1) 1.2 Approval of Conditional Use Permit 92-026 is contingent
upon the applicant signing and returning an "Agreement to
Conditions Imposed" form as established by the Director
of Community Development.
(1) 1.3 Operations shall begin within 12 months of approval or
this Conditional Use Permit shall become null and void.
(1) 1.4 Ail construction shall meet the requirements of the 1988
Uniform Building Code
USE RESTRICTIONS
(4) 2.1 Any Health Code or other violations, as determined by the
County of Orange Health Care Agency, may be grounds for
initiation of revocation proceedings on this Conditional
Use Permit.
(1) 2.2 Outside storage or displays, outdoor or sidewalk sale of
(4) merchandise or seating shall not be permitted. Ail
business activity shall take place entirely within the
tenant space.
(4) 2.3 No off-site sales of alcoholic beverages shall be
permitted.
(1) 2.4 The subject property shall be maintained in a safe, clean
(4) and sanitary condition at all times. Failure to do so
may be grounds for revocation of this conditional use
permit.
SOURCE CODES
(1) STANDARD CONDITIONS
(2) PLANNING COMMISSION POLICY
(3) MUNICIPAL CODE
(4) RESPONSIBLE AGENCY REQUIREMENT
(5) UNIFORM BUILDING CODE(S)
Exhibit A - Conditions of Approval
Conditional Use Permit 92-026
August 10, 1992
Page 2
1)
(4)
Z.5 Ail signs shall conform to the City of Tustin Sign Code
including window signs which shall not exceed 25% of
glass area upon which the sign is located. All signs
shall require approval by the Community Development
Department prior to installation.
(1) 2.6 The Tustin City Noise Ordinance, allowing a maximum
(4) exterior noise level of 60 dBa, shall be observed on the
premises at all times.
(1) 2.7 "No Loitering" signs shall be posted at the entrance of
(4) the business or other specified location(s).
(4) 2.8 Ail lighting and building locking devices added to the
premises shall meet those requirements as set forth in
the Building Security Code.
PLAN SUBMITTAL
(1) 3.1 At plan check, submit three (3) sets of construction
plans, two (2) sets of structural calculations and Title
24 energy calculations prepared by a licensed
engineer/architect. Requirements of the Uniform Building
Code shall be complied with as approved by the Building
Official.
(1) 3.2 Technical details and plans for all utility
installations, including cable TV, telephone, gas, water,
and electricity shall be required as applicable. No
field changes shall be made without corrections submitted
to and approved by the Building Official.
FEES
(1) 4.1 Payment of building plan check and permit fees to the
Community Development Department shall be made prior to
the issuance of any building permits in accordance with
the Tustin City Code.
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Resolution No. 3067
Page 3
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. 3067 was duly
passed and adopted at a regular meeting of the Tustin Planning
Commission, held on the 10th day of August, 1992.
KATHLEEN CLANCY
Recording Secretary