HomeMy WebLinkAboutPC RES 3046 3
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RESOLUTION NO. 3046
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TUSTIN, CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT 92-009, AUTHORIZING A CONVENIENCE STORE
EXCLUDING THE SALE OF ALCOHOLIC BEVERAGES TO BE
ESTABLISHED IN CONJUNCTION WITH THE GASOLINE
SERVICE STATION AT 14391 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
A proper application, Conditional Use Permit 92-
009, has been filed on behalf of Ray's Mobile
requesting authorization to establish a convenience
store excluding the sale of alcoholic beverages in
conjunction with the gasoline service station at
14391 Newport Avenue.
Be
A public hearing was duly called, noticed and held
for said application on June 8, 1992.
Ce
The proposed use is a conditionally permitted use
within the Retail Commercial (C-i) District
pursuant to City Code Section 9232b(u).
Do
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
operated in conjunction with the existing
gasoline service station and primarily for the
use of service station customers.
·
The proposed use does not propose to sell
alcoholic beverage as part of its business.
·
No complaints regarding the business hours for
the proposed convenience store have been
received. The existing gasoline service
station and convenience market currently
operate and will continue to operate 24 hours
per day, seven days per week.
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Resolution No. 3046
Page 2
II.
·
The existing gasoline service station provides
adequate lighting for pedestrian and parking
areas, creating a safe environment for
customers of the store.
·
Adequate parking is available on the gasoline
service station 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.
E·
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.
Fo
This project is Categorically Exempt from the
requirements of the California Environmental
Quality Act, pursuant to Section 15303 (Class 3).
The Planning Commission hereby approves Conditional
Use Permit 92-009 authorizing the request to establish a
convenience store in conjunction with the gasoline
service station at 14391 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 8th day of June, 1992.
././ Chairman
Recording s/eCretary
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Resolution No. 3046
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. 3046 was duly
passed and adopted at a regular meeting of the Tustin Planning
Commission, held on the 8th day of June, 1992.
EXHIBIT A
RESOLUTION NO. 3046
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT 92-009
GENERAL
(1) 1.1 The proposed project shall substantially conform to
submitted plans date stamped June 8, 1992, on file with
the Community Development Department.
(1) 1.2 Approval of Conditional Use Permit 92-009 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.
(1) 1.5 Conditional Use Permit approval is contingent upon the
(4) applicant obtaining all required permits from the Orange
County Health Care Agency. Application for such permits
shall be made within 15 days. Permits shall be obtained
within 60 days.
USE RESTRICTIONS
(4) 2.1 Any Health Code or other violations, as determined by the
County of Orange Health Care Agency, may be grounds of
revocation of this Conditional Use Permit.
(1) 2.2 Outside storage or displays, inoperative vehicles or
(4) mechanical work shall not be permitted.
(4) 2.3 No 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.
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 92-009
June 8, 1992
Page 2
(1) 2.5 Ail signs shall conform to the City of Tustin Sign Code
(4) 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) Z.7 "No Loitering" signs shall be posted at the entrance of
(4) the business or other specified location(s).
SITE CONDITIONS
(1) 3.1 Dedication of additional street right-of-way shall be
(4) required at the corner of McFadden Avenue and Newport
Avenue. A legal description and drawing of the
dedication along with the latest vesting shall be
prepared by a California registered civil engineer or
licensed land surveyor and submitted to the Engineering
Department for approval.
(1) 3.2 An irrevocable offer of dedication for an additional ten
(4) (10) feet of street right-of-way along the Newport Avenue
frontage with the appropriate corner cut-off shall be
required. A legal description and drawing shall be
prepared by a California registered civil engineer or
licensed land surveyor and submitted to the Engineering
Department for approval.
(1) 3.3 Construction and/or replacement of all missing and/or
(4) damaged public improvements adjacent to this development
shall be required. A modified handicap ramp shall be
constructed consistent with current Public Works right-
of-way standards and all American Disability Act
requirements.
(1) 3.4 The proposed monument sign shall be located behind the
(4) required corner cut-off right-of-way line.
(1) 3.5 A plan consistent with the City's Landscape and
(4) Irrigation Submittal requirements shall be submitted for
the reconstruction of the landscaped area located along
the property line adjacent to the shopping center and to
the rear of the service station. Plans shall include all
Exhibit A - Conditions of Approval
Conditional Use Permit 92-009
June 8, 1992
Page 3
existing landscaping materials and proposed landscape
materials. Landscaping plans shall be subject to the
approval of the Community Development Department. Where
known pedestrian paths exist, hardscape improvements
shall be provided to facilitate pedestrian circulation.
(1) 3.6 Trash enclosure shall be constructed of masonry with
(4) solid metal, self-closing and self-latching gates.
Minimum dimension of the enclosure shall be six feet by
eight feet (6'-0" x 8'-0") in area and 6'-0" in height.
Enclosure shall be located to the rear of the gasoline
service station structure. The trash enclosure shall
match the gasoline service station in color. Color shall
be subject to the approval of the Community Development
Department.
(1) 3.7 A one-hour occupancy separation shall be provided between
(4) repair garage and sales area.
(1) 3.8 Restrooms shall comply with the handicapped regulations
(4) and shall be made accessible by level entry or handicap
ramp.
(1) 3.9 No outdoor storage shall be permitted. The existing
(4) aluminum storage shed and other outdoor storage areas
shall be removed.
(1) 3.10 Ail parking spaces shall meet the City's parking
(4) requirements. All stalls shall be 9' x 20' in size. A
maximum 2'-6" landscaped overhang area is permitted with
a six-inch continuous concrete curb.
PLAN SUBMITTAL
(1) 4.1 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) 4.z 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.
Exhibit A - Conditions of Approval
Conditional Use Permit 92-009
June 8, 1992
Page 4
FEES
(1) 5.~ 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.
(1) 5.Z Payment of additional Orange County Sanitation District
(4) No. 7 Sewer Connection fees at time of building permit
issuance, if applicable.
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