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HomeMy WebLinkAboutZA 94-002/CUP 94-009 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 2 3 7. As conditioned, the property owner will maintain all on-site landscaping to promote a safe and aesthetically pleasing environment. 4 5 8. The project will not require the alteration of surrounding properties or the construction of any off-site improvements that would impact surrounding properties. 6 7 D. That this project has been determined to be Categorically Exempt (Class 3) pursuant to section 15303 of the California Environmental Quality Act. 8 9 E. That this project has been found to be in conformance with the General Plan. 10 12 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. 11 13 14 PASSED AND ADOPTED at a regular meeti Administrator held on the 6th day of Zoning 15 16 17 19 4d~ tir~~- / ~ARBARA REY Secretary . Shingleton 18 20 21 STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN 22 28 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 23 24 25 26 27 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. ------------------------------------------------------------- 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.