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HomeMy WebLinkAboutZA 97-001/CUP 96-038 ZONING ADMINISTRATOR ACTION 97-001 CONDITIONAL USE PERMIT 96-038 JANUARY 6, 1997 The Zoning Administrator of the City of Tustin does hereby resolve as follows: I. The Zoning Administrator finds and determines as follows: A. That a proper application, Conditional Use Permit 96-038, was filed by George Khooda to authorize the establish- ment of a convenience store excluding the sale of alcoholic beverages within an existing tenant space located at 13112 Newport Avenue. B. That a public hearing was duly called, noticed and held on said application on January 6, 1997 by the Zoning Administrator. C. That the proposed use is allowed in the Planned Community Commercial (PC-Com) Zoning District subj ect to the approval of a Conditional Use Permit (City Code Section 9244b) . D. That 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, evidenced by the following findings: 1. The proposed site is located within an existing multi-tenant commercial center. The use proposed would require no exterior modifications to the tenant space. Furthermore, business hours will be compatible with the surrounding office 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 9:00 a.m. to 9:00 p.m. Monday through Saturday, and 9:00 a.m. to 7:00 p.m. on Sundays. 4. The proposed convenience market would be unique in that it would provide packaged foods at a shopping center where there are no other convenience markets of its type. The gasoline service stations with convenience markets in the area generally cater to customers who are fueling their vehicles. 5. As conditioned, the applicant will post a "No Loitering" sign to ensure the well-being of the Zoning Administrator Action 97-001 January 6, 1997 Page 2 customers of the convenience store and surrounding uses of the center. E. That the establishment, maintenance, and op-eration 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 for the reasons stated above. F . This proj ect has been determined to be Categorically Exempt (Class 3) pursuant to Section 15303 of the California Environmental Quality Act. II. The Zoning Administrator hereby approves Conditional Use Permit 96-038 to authorize the establishment of a convenience store in an existing shopping center located at 13112 Newport Avenue, Uni t A, subj ect to the condi tions contained in Exhibi t A, attached hereto. PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular meeting held~he th day of January, 1997. Rick Brown Zoning Administrator Designee ~~ BARBARA REYES Recording Secretary STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN I, BARBARA REYES, the undersigned, hereby certify that I am the . Recording Secretary of the Zoning Administrator of the City of Tustin, California; that Zoning Administrator Action No. 97-001 was duly passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 6th day of January, 1997. ~E~ Recording Secretary EXHIBIT A ZONING ADMINISTRATOR ACTION 97-001 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 96-038 GENERAL (1) 1.1 The proposed proj ect shall substantially conform with the submitted plans for the project date stamped January 6, 1997 on file with the Community Development Department, as herein modified or as modified by the Zoning Administrator in accordance with this Exhibit. (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with prior to the issuance of a business license for the business, subject to review and approval by the Community Development Department. (I) 1.3 Conditional Use Permit approval shall become null and void unless all required permits are issued, a business license is obtained and operations begin within twelve (12) months of the date of this Exhibit. (1) 1.4 The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of a challenge to the City's approval of this project. (1) 1.5 Approval of Conditional Use Permit 96-024 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. USE RESTRICTIONS (5) 2.1 Business hours for the proposed conveni'ence store will be 6:00 a.m. to 11:00 p.m. Monday through Saturday, and 8:00 a.m. to 7:00 p.m. on Sunday. Any extension of these hours shall require approval of an amendment to this Conditional Use Permit by the Planning Commission. (5) 2.2 "No loitering" signs shall be posted at the entrance of the business or other location{s) as requested by the Community Development Department. SOURCE CODES (1) STANDARD CONDITION (2) EIR MITIGATION (3) UNIFORM BUILDING CODE/S (4) DESIGN REVIEW *** EXCEPTION (5) SPECIFIC PLAN (6) RESPONSIBLE AGENCY REQUIREMENT (7) LANDSCAPING GUIDELINES (8) PC/CC POLICY Exhibit A Zoning Administrator Action 97-001 January 6, 1997 Page 2 (5)2.3 Any Health 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) 2.4 No outqoor or sidewalk sale of merchandise or seating shall be permitted. All business activity shall take place entirely within the building. (5) 2.5 No off-site alcoholic beverage sales shall be permitted. (5) 2 · 6 The subj ect property shall be maintained in a safe, clean and sanitary condition at all times. (5) 2.7 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. SIGNS (5) 3.1 All signs, including any change of copy shall be consistent with the City's Sign Code and require review and approval by the Community Development Department prior to installation. FEES (1) 4.1 Within 48 hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashiers check payable to the COUNTY CLERK, in the amount of thirty-eight dollars ($38.00) to enable the City to file with the County Clerk, the appropriate environmental documentation pursuant to the California Environmental Quality Act. If within such 48 hours period, the applicant has not delivered to the Community Development Department the above noted check, the approval for the project granted herein shall be considered automatically null and void.