Loading...
HomeMy WebLinkAboutZA Action 09-005ZONING ADMINISTRATOR ACTION 09-005 CONDITIONAL USE PERMIT 09-005 2847 PARK AVENUE 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 for Conditional Use Permit (CUP) 09-005 was filed by Lanny Kusaka on behalf of Mrs. Gooch's Natural Food Markets, Inc. dba Whole Foods Market, requesting to modify Condition 7 of an existing Type 42 (On Sale Beer and Wine for Public Premises) Alcoholic Beverage Control License to remove the restriction limiting serving sizes to two (2) ounces for a wine tasting bar in conjunction with a food market at 2847 Park Avenue. B. That the MCAS Tustin Specific Plan zoning designation and General Plan land use designation provide for a variety of commercial and entertainment 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. That a public hearing was duly called, noticed, and held for Conditional Use Permit 09-005 on May 18, 2009, by the Zoning Administrator. D. That Pursuant to Section 9299b(3)(e) of the Tustin City Code, the Zoning Administrator has the authority to approve, conditionally approve or deny minorConditional Use Permits for existing development where there would be no change of occupancy or primary use, there would be no expansion of floor area, and the request would not alter the original intent of the project or site. E. That the establishment, maintenance, or operation of the project will not, under the circumstances of the use, be detrimental to the health, safety, morals, comfort, and general welfare of the persons residing or working in the neighborhood or injurious or detrimental to property and improvements in the neighborhood or the general welfare of the City in that: 1) The proposed modification of the existing Type 42 ABC License would not change the operation or primary use of the Whole Foods Market. 2) No physical changes or tenant improvements are proposed in conjunction with this application. The wine tasting bar would remain Zoning Administrator Action 09-405 CUP 09-005 Page 2 ancillary to the primary food market use, will operate only during the hours of operation of the primary food market, and there would be no expansion. 3) The proposed use has been conditioned to be reviewed on an annual basis or more often if deemed necessary by the Community Development Director. 4) The existing wine tasting use has been in operation for over a year and no complaints or nuisances have been reported pertaining to the subject use. The proposed modification of the existing Type 42 ABC License would not substantially change the operation of the wine tasting bar and/or the primary use as a food market. F. That this project is Categorically Exempt pursuant to Section 15301, Class 1, Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the Cal~omia Environmental Quality Act). II. The Zoning Administrator hereby approves Conditional Use Permit 09-005 to modify Whole Foods Market's existing Type 42 ABC License by removing the restriction limiting serving sizes to two (2) ounces per glass or container for a wine tasting bar subject to the conditions contained within Exhibit A attached hereto. PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular meeting held on the 18th day of May, 2009. ~~ Eloise Hams RECORDING SECRETARY Dana L. Ogdon ZONING ADMINISTRATOR Zoning Administrator Action 09-005 CUP 09-005 Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ELOISE HARRIS, the undersigned, hereby certify that I am the Recorciing Secretary of the Zoning Administrator of the City of Tustin, California; that Zoning Administrator Action No. 09-005 was passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 18~' day of May, 2009. Q%Lfc,a- Eloise Ha RECORDING SECRETARY EXHIBIT A ZONING ADMINISTRATOR ACTION 09-005 CONDITIONAL USE PERMIT 09-005 CONDITIONS OF APPROVAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped May 18, 2009, on file with the Community Development Department, as herein modified, or as modified by the Community Development Director in accordance with this Exhibit. The Director may also approve subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code or other applicable regulations. (1) 1.2 Unless otherwise specified, the conditions contained' in this Exhibit shall be complied with prior to the issuance of any building permits for the project, subject to review and approval by the Community Development Department. (1) 1.3 The subject project approval shall become null and void unless permits for the proposed project are issued and substantial construction is underway within twelve (12) months of the date of this Exhibit. Time extensions may be considered if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.4 Approval of Conditional Use Permit 09-005 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 Conditrons of Approval" form. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. (1) 1.5 Any violation of any of the conditions imposed is subject to the issuance of an administrative citation pursuant to Section 1162(a) of the Tustin City Code. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENTS (2) CEG1A MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODES (~ PC/CC POLICY (4) DESIGN REVIEW '"*"' EXCEPTIONS Exhibit A ZA Action 09-005 Page 2 (1) 1.6 Conditional Use Permit 09-005 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director, to ensure compatibility with the area and compliance with the conditions contained herein. If the use is not operated in acxordance with Conditional Use Permit 09-005, or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the Community Development Director shall impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the Conditional Use Permit. (1) 1.7 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. (1) 1.8 As a condition of approval of Conditional Use Permit 09-005, the applicant shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, empbyees, 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. The City may, at its sole cost and expense, elect to participate in defense of any such action under this condition. USE RESTRICTIONS (**~') 2.1 The wine tasting bar use shall remain ancillary to the retail commercial uses in the food market. 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. (1) 2.2 All alcoholic beverages for tasting purposes shall be purchased and consumed on-site within the designated wine tasting area. Customers shall not bring alcoholic beverages into the wine tasting area for consumption, including, but not limited to alcoholic beverages purchased at the subject property for the purposes of off-site consumption. (1) 2.3 The existing wine tasting area (approximately 400 square feet) shall not be enlarged or altered without first obtaining the approval of the Community Development Director. (1) 2.4 Hours of the wine tasting bar shall be limited to the hours of the Whole Foods Market which are currently 7:00 a.m. to 10:00 p.m. Any change to the hours of operation shall be approved by the Community Development Director. Exhibit A ZA Action 09-005 Page 3 (1) 2.5 "No Loitering" signs shall be placed near the entrance on the outside of the premises or in other specified locations where alcoholic beverages are sold. (5) 2.6 The wine tasting bar shall operate within all applicable State, County, and Tustin City Code provisions. Any violations of the regulations of the Department of Alcoholic Beverage Control as they pertain to the subject location, or 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 by the Tustin City Code. (5) 2.7 All persons selling alcoholic beverages shall be eighteen (18) years of age or older and shall be supervised by someone twenty-one (21) years of age or older. A supervisor shall be present in the same area as the point of sale. (1) 2.8 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) 2.9 Whole Foods Market is subject to the Alcoholic Beverage Sales regulations as identified in Section 3.14 of the MCAS Tustin Specific Plan as well as any restrictions placed upon the use by the ABC. FEES (2) 3.1 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.