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RESOLUTION NO. 2955
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT 91-23, AUTHORIZING A
CONVENIENCE STORE EXCLUDING THE SALE OF
ALCOHOLIC BEVERAGES TO BE ESTABLISHED WITHIN
AN EXISTING TENANT SPACE AT THE PROPERTY
LOCATED AT 17292 MC FADDEN STREET, SUITE C.
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
91-23, has been filed on behalf of Isabel
Quintero requesting authorization to establish
a convenience store excluding the sale of
alcoholic beverages within an existing tenant
space at 17292 McFadden Street, Suite C.
Be
A public hearing was duly called, noticed and
held for said application on October 14, 1991.
C.
The proposed use is a conditionally permitted
use within the Retail Commercial (C-i)
District pursuant to City Code Section
9232b (u) .
De
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 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
which 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 beverage as part of its
business.
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Resolution No. 2955
Page 2
·
The business hours for the proposed
convenience store will be as follows:
Monday - Friday 8:00 a.m. to 8-00 p.m.
Saturday 8:00 a.m. to 9'00 p.m.
Sunday 9:00 a.m. to 5:00 p.m.
These hours would be compatible with
existing commercial uses and surrounding
uses and surrounding 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 post a
"No Loitering" sign to insure the well-
being of the customers of the convenience
store and surrounding existing uses of
the center.
·
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.
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 (D 4-7) stated above.
F·
This project is Categorically Exempt from the
requirements of the California Environmental
Quality Act, pursuant to Section 15303 (Class
3).
II. The Planning Commission hereby approves Conditional
Use Permit 91-23 authorizing the request to
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Resolution No. 2955
Page 3
establish a convenience store within an existing
tenant space at the property located at 17292
McFadden Street, Suite C, 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 14th day of
October, 1991.
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.' Chairman
KATHLEEN CLANCY
Recording Secretar%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.
·
2955 was duly passed and adopted at a regular meeting of
the Tustin Planning Commission, held on the 14th day of
October, 1991.
KATHLEEN CLANCY
Recording Secretary
EXHIBIT A
RESOLUTION NO. 2955
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT 91-23
GENERAL
(1) 1.1 The proposed project shall substantially conform to
submitted plans date stamped September 10, 1991 on file
with the Community Development Department.
(1) 1.2 Approval of Conditional Use Permit 91-23 is contingent
upon the applicant signing and returning an "Agreement to
Conditions Imposed" form as established by the Director
of Community Develop~,ent.
(1) 1.3 Operations shall begin within 12 months of approval or
this Conditional Use Permit shall become null and void.
USE RESTRICTIONS
(5) 2.1 No more than 18 persons may occupy the premises at one
time, based on UBC occupancy requirements.
(3) 2.2 The Tustin City Noise Ordinance, allowing a maximum
exterior noise level of 70 dba, shall be observed on the
premises at all times.
(4) 2.3 Business hours for the proposed convenience store will be
as follows:
Monday - Friday 8:00 a.m. to 8:00 p.m.
Saturday 8:00 a.m. to 9:00 p.m.
Sunday 9:00 a.m. to 5:00 p.m.
Any extension of these hours shall require amendment to
this Conditional Use Permit by the Planning Commission.
(4) 2.4 "No loitering" signs shall be posted at the entrance of
the business or other specified location(s).
(4) 2.5 Ail lighting and building locking devices added to the
premises shall meet those requirements as set forth in
the Building Security Code.
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 91-23
October 14, 1991
Page 2
Z.6 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.
Z.7 No outdoor or sidewalk sale of merchandise or seating
shall be permitted. All business activity shall take
place entirely within the building.
2.8 No off-site alcoholic beverage sales shall be permitted.
2.9 The subject property shall be maintained in a safe, clean
and sanitary condition at all times.
2.10 Ail signs shall require review and approval by the
Community Development Department prior to installation.
2.11 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.
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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