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HomeMy WebLinkAboutPC RES 4090RESOLUTION NO. 4090 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 08-004 AUTHORIZING THE ESTABLISHMENT OF AN OFF- SITE ALCOHOLIC BEVERAGE SALES ESTABLISHMENT WITH ANCILLARY ON-SITE SALES PRIVILEGES FOR WINE TASTING AND WINE EDUCATION CLASSES IN A 20,151 SQUARE FOOT TENANT SUITE AT 2952 EL CAMINO REAL. The Planning Commission does hereby resolve as follows: The Planning Commission finds and determines as follows: A. A proper application for Conditional Use Permit 08-004 was filed by David Trone of California Fine Wines & Spirits, LLC (dba Total Wine & More), requesting authorization to establish an off-site alcoholic beverage sales establishment with ancillary on-site sales privileges for wine tasting and wine education classes in a 20,151 square foot tenant suite at 2952 EI Camino Real in the Tustin Market Place shopping center, within the Planned Community Mixed Use (PCMU) zoning district and the Planned Community Commercial/Business General Plan land use designation. B. The proposed use as a liquor store with ancillary wine tasting and wine education classes is a conditionally permitted use per Section 3.7.2.A.1. of the East Tustin Specific Plan. The Planned Community Commercial/Business General Plan land use designation allows for a variety of retail and service commercial, office, and industrial land uses. In addition, the project has been reviewed for consistency with the Air Quality Sub-element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub- element. C. A public hearing was duly called, noticed, and held for Conditional Use Permit 08-004 on May 13, 2008, by the Planning Commission. D. The establishment, maintenance, and operation of the proposed use 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 injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin in that: 1) The operational characteristics and features of the facility are appropriate for the location in that the proposed hours of operation are consistent with the surrounding uses. Exhibit A Resolution 4090 CUP 08-004 Page 2 2) No outdoor dining, live entertainment, or games are proposed in conjunction with the use. 3) The type of use proposed and its proposed location are consistent with the distance requirements established for on- and off-site sales of alcoholic beverages in that it is located more than 1,000 feet from residential areas, sensitive uses such as places of worship, parks, schools, hospitals, clinics, and convalescent homes, and other similar uses selling or serving alcoholic beverages (other than restaurants). 4) There is adequate parking provided on-site to accommodate the proposed use as analyzed in the approved Shared Parking Analysis dated June 2005. 5) That the development of an establishment selling alcoholic beverages is consistent with the General Plan and Zoning Code. E. This project is Categorically Exempt pursuant to Section 15301 (Existing Facilities) of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Planning Commission hereby approves Conditional Use Permit 08-004 authorizing the establishment of an off-site alcoholic beverage sales establishment with ancillary on-site sales privileges in a 20,151 square foot tenant suite located at 2952 EI Camino Real. PASSED AND ADOPTED by the Planning Commi ion of the ity of Tustin, at a regular meeting on the 13th day of May, 2008. JOH IELSEN Cha erson ~~ ~ ~ ELIZABETH A. BINSACK Planning Commission Secretary Exhibit A Resolution 4090 CUP 08-004 Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4090 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 13th day of May, 2008. t`G~C~~ ~- ~~~~~~ ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A RESOLUTION NO. 4090 CONDITIONAL USE PERMIT 08-004 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped May 13, 2008, on file with the Community Development Department, as herein modified, or as modified by the Community Development Director in accordance with this Exhibit. The Community Development Director may also approve subsequent minor modifications to the use if such modifications are consistent with provisions of the Tustin City Code. (1) 1.2 This approval shall become null and void unless the use is established within twelve (12) months of the date of this Exhibit. Time extensions may be granted if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.3 All conditions in this Exhibit shall be complied with as specified, subject to review and approval by the Community Development Department. (1) 1.4 Approval of Conditional Use Permit 08-004 is contingent upon the applicant and property owner signing and returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the property owner signing and recording with the County Clerk-Recorder a notarized "Notice of Discretionary Permit Approval and Conditions of Approval" form. The forms shall be established by the Community Development Director, and evidence of recordation shall be provided to the Community Development Department. (1) 1.5 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) CALIFORNIA CODE/S (4) DESIGN REVIEW *** EXCEPTIONS (5) RESPONSIBLE AGENCY REQUIREMENTS (6) LANDSCAPING GUIDELINES (7) PC/CC POLICY Exhibit A Resolution 4090 CUP 08-004 Page 2 (1) 1.6 As a condition of approval of Conditional Use Permit 08-004, the applicant shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision-making body, including staff, concerning this project. The City agrees to promptly notify the applicant of any such claim or action filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in defense of any such action under this condition. (***) 1.7 Conditional Use Permit 08-004 may be reviewed annually or more often, if deemed necessary by the Community Development Department, to ensure compatibility with the area and compliance with the conditions contained herein. If the use is not operated in accordance with conditions of approval included in Exhibit A of Resolution No. 4090 or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the Community Development Director may impose additional conditions to eliminate the nuisance or negative impacts or may initiate proceedings to revoke the Conditional Use Permit. USE RESTRICTIONS (***) 2.1 The area for on-site sales activity of wine tastings (no more than 200 square feet) and classes (no more than 800 square feet) shall remain an ancillary use to the primary off-site sales establishment, and in no case shall exceed five percent (5%) of the overall floor area. At such time the primary use is discontinued or no longer the primary use of the property, the use permit shall be deemed null and void. (***) 2.2 No change or alteration of the tenant space shall occur without prior approval of the Community Development Director. Major modifications to the floor area, services, and/or operation of the business, as shown in the approved plans, may require consideration of a new conditional use permit as determined by the Community Development Director. (***) 2.3 Hours of operation shall be limited to: Monday through Thursday 9:00 a.m. - 9:00 p.m. Friday and Saturday 9:00 a.m. - 10:00 p.m. Sunday 12:00 p.m. - 8:00 p.m. Modifications to the hours of operation may be approved by the Community Development Director if it is determined that no impacts to the surrounding tenants or properties will occur. Exhibit A Resolution 4090 CUP 08-004 Page 3 (5) 2.4 The maximum number of enrollees/attendees for each wine tasting and/or wine education class at the facility shall be limited to thirty (30). Any request to modify the maximum number of enrollees/attendees shall require the applicant to provide property owner permission and shall be subject to the Community Development Director approval. (1) 2.5 The approved uses shall operate within all applicable State, County, and City of Tustin codes. Any violations of the regulations of the Department of Alcoholic Beverage Control as they pertain to the subject location, or of the City of Tustin, as they relate to the sale of alcoholic beverages, may result in the revocation of the subject Conditional Use Permit, as provided for by the Tustin City Code. (1) 2.6 No loitering signs shall be placed near the entrance on the outside of the premises. (1) 2.7 All activities shall comply with the City of Tustin Noise Ordinance. (1) 2.8 All litter shall be removed from the exterior areas around the premises including adjacent sidewalk, parking, and loading areas, no less frequently than once each day that the business is open. (1) 2.9 Any public telephones inside and adjacent to the establishment shall be modified to prevent incoming calls. (1) 2.10 No sexually oriented business shall be conducted on the premises without approval by the City in accordance with the Tustin City Code. (1) 2.11 Business operations shall be conducted in a manner that does not create a public or private nuisance. Any such nuisance must be abated immediately upon notice by the City of Tustin. (1) 2.12 All persons selling alcoholic beverages for on- or off-site consumption shall be 21 years of age or older. (1) 2.13 No alcoholic beverages (except for those provided as part of the on-site sales establishment) shall be consumed on the property or any adjacent property to the licensed premises. (1) 2.14 If a noise or parking problem is observed by a representative of the City, the applicant shall submit a study prepared by a professional noise or traffic engineer and perform or install interim and permanent mitigation measures to be reviewed and approved by the Community Development Department. Exhibit A Resolution 4090 CUP 08-004 Page 4 (1) 2.15 No outdoor storage or displays shall be permitted except as approved by the Community Development Director. (1) 2.16 All activities shall be conducted entirely within the building. BUILDING DIVISION (3) 3.1 At the time of building permit application, the plans shall comply with the 2007 California Building Code (CBC), 2007 California Mechanical Code (CMC), 2007 California Plumbing Codes (CPC), 2007 California Electrical Code (CEC), California Title 24 Accessibility Regulations, 2005 Title 24 Energy Regulations, City Ordinances, and State and Federal laws and regulations 2005 Edition. (3) 3.2 The plans submitted shall indicate that restrooms are accessible to persons with disabilities as per State of California Accessibility Standards (Title 24). Plumbing fixture units are required to comply with the 2001 California Plumbing Code Chapter four (4) Table 4-1 as per type of group occupancy or as approved by the Building Official. (5) 3.3 Prior to permit issuance, clearances may be required from the following agencies: Orange County Health Department, Orange County Fire Authority, South Coast Air Quality Management District, and the State Department of Occupational Safety and Health. (1) 3.4 Vehicle parking, primary entrance to the building, the primary paths of travel, cashier space, sanitary facilities, drinking fountain, and public telephones shall be accessible to persons with disabilities and shall be shown on the plans. (3) 3.5 Parking for disabled persons shall be provided with an additional five (5) foot loading area with striping and ramp; disabled persons shall be able to park and access the building without passing behind another car. At least one (1) accessible space shall be van accessible served by a minimum 96 inch wide loading area. (1) 3.6 Prior to issuance of a demolition, precise/rough grading, and/or building permit with a valuation of $50,000 or greater, the applicant shall submit for approval by the City of Tustin, Construction & Demolition (C&D) debris collection, disposal, and diversion information on City approved forms. At least 50 percent of the construction debris shall be diverted from landfill to the recycling plants. A security deposit in the amount of five (5) percent of the project construction valuation for a C&D will be collected prior to issuance of permit. Prior to final inspection, the applicant shall submit to the City of Tustin documents (i.e. receipt from vendor) showing actual weight or volume of each material of C&D diverted to the recycling center Exhibit A Resolution 4090 CUP 08-004 Page 5 (City Ordinance 1281). For any questions or concerns, please contact the Public Works Department at (714) 573-3105. (1) 3.7 Prior to issuance of any permits, payment shall be made of all applicable fees, including but not limited to, the following: • Building Plan Check and Permit Fees • Orange County Fire Authority Fees ORANGE COUNTY FIRE AUTHORITY (1) 4.1 Prior to the issuance of a building permit the applicant shall submit plans for any modification or addition to any existing automatic fire sprinkler system in any structure to the Fire Chief for review and approval. Please contact the OCFA at (714)573-6100 for additional information. (1) 4.2 Prior to the issuance of a building permit the applicant shall submit architectural plans for review and approval of the Fire Chief if required per the "Orange County Fire Authority Plan Submittal Criteria Form". Please contact the OCFA at (714) 573-6100 for a copy of the Site/Architectural Notes to be placed on plans prior to submittal. FEES (2) 5.1 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 fifty dollars ($50.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period that applicant has not delivered to the Community Development Department the above-noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened.