HomeMy WebLinkAboutZA 94-002/CUP 94-009
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I.
ZONING ADMINISTRATOR ACTION NO. 94-002
CONDITIONAL USE PERMIT 94-009
FINDINGS AND CONDITIONS OF APPROVAL
The Zoning Administrator finds and determines as follows:
A.
That a proper application, Conditional Use Permit
94-009, has been filed by Merid Maniazewal
requesting authorization to establish a convenience
store excluding the sale of alcoholic beverages at
an existing service station located at 12972
Newport Avenue.
B.
That a public hearing was duly noticed, called and
held for said application on June 6, 1994 by the
Zoning Administrator.
c.
That the establishment, maintenance, and operation
of the use applied for will not, under the
circumstances of the particular use, be detrimental
to the health, safety, morals, comfort and general
welfare of the persons residing or working in the
neighborhood of such proposed use, or injurious or
detrimental to the property and improvements in the
neighborhood or to the general welfare of the City
of Tustin as evidenced by the following findings:
1.
The proposed convenience store use to be
located in an existing service station is
compatible with surrounding commercial uses.
2 .
The proposed convenience store would not offer
alcoholic beverages as part of its business.
3 .
The business hours for the proposed
convenience store will be 6:00 a.m. to 10:00
p.m., seven (7) days a week.
4.
The existing service station is required to
provide adequate lighting for pedestrian and
parking areas, creating a safe environment for
customers of the store.
5.
As conditioned, the applicant will post a "No
Loitering" sign to ensure the well-being of
the customers of the convenience store and
service station.
6.
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 service
station; thus eliminating any potential for
unhealthful or injurious site conditions.
Zoning Administrator Action 94-002
Conditional Use Permit 94-009
1 Page 2
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7.
As conditioned, the property owner will
maintain all on-site landscaping to promote a
safe and aesthetically pleasing environment.
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8.
The project will not require the alteration of
surrounding properties or the construction of
any off-site improvements that would impact
surrounding properties.
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D.
That this project has been determined to be
Categorically Exempt (Class 3) pursuant to section
15303 of the California Environmental Quality Act.
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E.
That this project has been found to be in
conformance with the General Plan.
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II. The Zoning Administrator hereby approves Conditional Use
Permit 94-009 authorizing the establishment of a
convenience store at 12972 Newport Avenue, subject to the
conditions contained in Exhibit A, attached hereto.
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PASSED AND ADOPTED at a regular meeti
Administrator held on the 6th day of
Zoning
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4d~ tir~~-
/ ~ARBARA REY
Secretary
. Shingleton
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STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF TUSTIN
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I, BARBARA REYES, the undersigned, hereby certify that I am
the Recording Secretary of the zoning Administrator of the
city of Tustin, California and that Zoning Administrator
Action No. 94-002 was duly passed and adopted at a regular
meeting of the Tustin Zoning Administrator, held on the 6th
day of June, 1994.
4vv/~~~~ to~,---
/ BARBARA REYES
Recording Secretary
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ZONING ADMINISTRATOR ACTION 94-002
EXHIBIT A
CONDITIONAL USE PERMIT 94-009
CONDITIONS OF APPROVAL
GENERAL
(1) 1.1 The proposed project shall substantially conform with the
submitted plans for the project date stamped June 6,
1994, 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
establishment of the convenience store and prior to the
issuance of any building permits for the project, subject
to review and approval by the Communi ty 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 94-009 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.
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SOURCE CODES
(1)
(2)
(3)
(4)
STANDARD CONDITION
(5) RESPONSIBLE AGENCY
REQUIREMENT
(6) LANDSCAPING GUIDELINES
(7) PC/CC POLICY
*** EXCEPTION
CEQA MITIGATION
UNIFORM BUILDING CODE/S
DESIGN REVIEW
Zoning Administrator Action 94-002
Exhibit A
Conditional Use Permit 94-009
Conditions of Approval
Page 2
PLAN SUBMITTAL
(1) 2.1 At plan check, submit four (4) sets of site plans and
construction plans, two (2 ) sets of structural
calculations and Title 24 energy calculations prepared by
a licensed engineer/architect. No field changes shall be
made wi thout corrections submi tted 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. Should additional lighting be needed, details
shall be submitted to the Community Development
Department. All new exterior light fixtures are subject
to review and approval by the Communi ty Development
Department prior to the issuance of building permits.
USE RESTRICTIONS
(5) 3 . 1 Business hours for the proposed convenience store will be
6:00 a.m. to 10:00 p.m., seven (7) days a week. Any
extension of these hours beyond 5:00 a.m. to 12:00 a.m.
shall require approval of an amendment to this
Conditional Use Permit by the Zoning Administrator.
(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 Heal th 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. All business activity related to the
convenience store shall take place entirely within the
designated 175 square foot area of the building. Any
expansion of the convenience store area above 175 square
feet shall require a new Conditional Use Permit.
(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.
Zoning Administrator Action 94-002
Exhibit A
Conditional Use Permit 94-009
Conditions of Approval
Page 3
(5) 3 . 7 A suff icient number of trash bins wi th surrounding
enclosure shall be located on the property directly
adjacent to the service station and maintained to avoid
health issues for neighboring areas. An adequate size
trash enclosure with solid metal, self-closing, self-
latching gates shall be provided. Said enclosure shall
be screened by a solid decorative wall 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 subj ect to approval by the Communi ty Development
Department. The location of bins, sizes and quantities
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 All 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 A minimum of six striped parking stalls shall be provided
on the property pursuant to City Code section 9232 (b) (k) .
These stalls shall have minimum dimensions of nine (9)
feet by twenty (20) feet and shall be indicated on the
site plan at plan check for review and approval by the
Community Development Department. Furthermore, one (1)
of these stalls shall be handicap accessible in
accordance with State Accessibility standards.
(5) 3.11 All parking areas and walkways shall be maintained free
of trash and debris. All damaged and cracked areas shall
be repaired.
(5) 3.12 Opaque materials shall not cover more than 25 percent of
the aggregate area of all windows and doors of the
service station.
Zoning Administrator Action 94-002
Exhibit A
Conditional Use Permit 94-009
Conditions of Approval
Page 4
SIGNS
(5) 4.1 All signs, including any change of copy, require review
and approval by the Communi ty Development Department
prior to installation.
(5) 4.2 All 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 All 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.
(5) 4.4 All 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.
FIRE DEPARTMENT
(5) 5.1 Prior to the issuance of any building permits, the
locations of all existing fire hydrants on the site shall
be indicated on the site plan.
(5) 5.2 Prior to the issuance of any' building permits, plans
shall be submitted to and approved by the Fire Chief.
The B2 portion of the building shall be a minimum of
twenty (20) feet from the pump island. Two (2) exits
shall be provided and these exits cannot be on the same
exterior wall (see the 1991 Uniform Building Code,
section 503).
FEES
(1) 6.1 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.
(1) 6.2 within forty-eight (48) hours of approval of the subject
project, the applicant shall deliver to the Community
Development Department, a cashier's check payable to the
County Clerk, in the amount of $25.00 (twenty five
dollars) to enable the City to file with the County
Clerk, the appropriate environmental documentation
Zoning Administrator Action 94-002
Exhibit A
Conditional Use Permit 94-009
Conditions of Approval
Page 5
pursuant to the California Environmental Quality Act. If
within such forty-eight (48) hours period, the applicant
has not delivered to the Communi ty Development Department
the above noted check, the approval for the project
granted herein shall be considered automatically null and
void.
In addition, should the Department of Fish and Game
reject the Certificate of Fee Exemption filed with the
Notice of Determination and require payment of fees, the
applicant shall delver to the Community Development
Department within forty-eight (48) hours of notification,
a cashier's check payable to the County Clerk in the
amount of eight hundred fifty dollars ($850) if an EIR
was prepared or twelve hundred fifty dollars ($1,250) if
a Negative Declaration was prepared. If this fee is
imposed, the subject project shall not be operative,
vested or final unless and until the fee is paid.