HomeMy WebLinkAboutCUP 09-005Tt..1STIN
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DATE: MAY 18, 2009 --
TO: ZONING ADMINISTRATOR
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: CONDITIONAL USE PERMIT 09-005
PROPERTY VESTAR/KIMCO TUSTIN, L.P.
OWNER: VESTAR DEVELOPMENT COMPANY
7575 CARSON BLVD.
LONG BEACH, CA 90808
APPLICANT: MRS. GOOCH'S NATURAL FOOD MARKETS, INC.
DBA: WHOLE FOODS MARKET
15315 MAGNOLIA BLVD., SUITE 320
SHERMAN OAKS, CA 91403
LOCATION: 2847 PARK AVENUE
GENERAL PLAN: MCAS TUSTIN SPECIFIC PLAN
ZONING: SP-1 -MCAS TUSTIN SPECIFIC PLAN DISTRICT
(PLANNING AREA 19 -COMMERCIAL]
ENVIRONMENTAL
STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT PURSUANT
TO THE PROVISIONS OF SECTION 15301 (CLASS 1 -
EXISTING FACILITIES) OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
REQUEST: TO MODIFY CONDITIONS TO AN EXISTING TYPE 42
ALCOHOLIC BEVERAGE CONTROL (ABC) LICENSE AT THE
SUBJECT PROPERTY. THE APPLICANT IS PROPOSING TO
REMOVE A CURRENT RESTRICTION ON THE WINE
TASTING BAR WHICH LIMITS SERVING SIZES TO TWO
OUNCES PER GLASS OR CONTAINER.
RECOMMENDATION
That the Zoning Administrator adopt Zoning Administrator Action (ZAA) 09-005
approving Conditional Use Permit (CUP) 09-005.
Zoning Administrator Report
CUP 09-005
Page 2
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BACKGROUND
Location
The Whole Foods Market is located at 2847 Park Avenue and within the District shopping
center at Tustin Legacy, located at the northwest corner of the intersection of Jamboree
Road and Barranca Parkway on the former Marine Corps Air Station (MCAS) Tustin.
Whole Foods Market is located in an inline retail area adjacent to Jamboree Road. The
District shopping center comprises over a million square feet of retail and restaurant
commercial uses.
Surrounding Properties
The District at Tustin Legacy is zoned as Specific Plan 1 (SP-1) MCAS Tustin Specific
Plan and comprises Planning Areas 16, 17 and 19. The District is bounded by Tustin
Ranch Road to the north and west, Jamboree Road to the east, and Barranca Parkway to
the south. Commercial and industrial uses lie to the south and east of the project site
across Jamboree Road and Barranca Parkway in the City of Irvine. Land to the north and
west of the project site is also located within the MCAS Tustin Specific Plan and is
currently being planned to accommodate a wide variety of mixed uses within a community
core.
Public Noticing
A public hearing notice identifying the time, date, and location of the public hearing for
the proposal was published in the Tustin News on May 7, 2009. Property owners
within 300 feet of the site were notified of the hearing by mail; a hearing sign was posted
on the site and at City Hall on May 7, 2009. The applicant was informed of the availability
of the agenda and staff report for this item.
Zoning Administrator Report
CUP 09-005
Page 3
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DISCUSSION
Existing ABC Licenses
RECEIVED
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Whole Foods at the District in Tustin Legacy currently has three Alcoholic Beverage
Control (ABC) Licenses for the store as follows: Type 21 License for Off-Site Sale General
in conjunction with the grocery store, Type 41 License for On-Site Sale Beer and Wine for
a Bona Fide Public Eating Place which is associated with the restaurant portion of the
store, and Type 42 License for On-Site Sale Beer and Wine for a Public Premises in
association with a wine tasting bar that the store operates.
Off-site alcoholic beverage sales establishments (Type 21) are outright permitted uses
within Planning Area 19 while on-site alcoholic beverage sales establishments, when in
conjunction with a restaurant use (Type 41), are also outright permitted uses. On-site
alcoholic beverage sales establishments including bars, taverns, and cocktail lounges
when not part of a restaurant (Type 42) are conditionally permitted uses in Planning 19.
While two of Whole Foods ABC Licenses' are outright permitted uses, their third License
(Type 42) was allowed by right because it was to be in conjunction with wine tasting limited
to a serving size of two (2) ounces per glass/container, and subject to other use
restrictions placed upon it by the ABC. All wine tasting occurs within the building in the
middle of the food market and is considered an ancillary use to the sale of food products.
Zoning Administrator Report
CUP 09-005
Page 4
The applicant is requesting to remove Condition 7 of their Type 42 ABC License issued by
the Department of Alcoholic Beverage Control which reads:
Individual servings of alcoholic beverages in the designated On-Sale Beer
and Wine Public Premises shall not exceed two ounces per glass or
container. This condition shall not be construed as to prohibit a patron
from sampling more than one glass and/or container of an alcoholic
beverage for the purpose of comparative tasting(s).
The removal of Condition 7 would essentially allow Whole Foods to have a full Type 42
License and operate the same manner as a bar, tavern, or cocktail lounge. While it is not
the intent of Whole Foods to operate in the same manner as a bar, tavern, or cocktail
lounge; the use nonetheless requires approval of a Conditional Use Permit. The
conditions imposed within the subject Conditional Use Permit would ensure that the wine
tasting area remains an ancillary use to the food market and operates in a manner
consistent with a wine tasting area and not a bar, tavern, or cocktail lounge.
Wine Tasting Bar
Whole Foods Market occupies 67,915 square feet of floor area with 35,689 square feet
devoted to sales floor area. The wine tasting area comprises approximately 400 square
feet of the sales floor area or roughly one percent. The wine tasting bar operates only
when the food market is open from 7:00 a.m. to 10:00 p.m. daily.
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Zoning Administrator Report
CUP 09-005
Page 5
Whole Foods Currently advertises reoccurring wine tasting events on Fridays from 6:00 -
7:30 p.m. and on Saturdays and Sundays from 4:00 - 5:30 p.m. Regular beer tasting is
held from 2:00 - 3:30 p.m. on Sundays. All events require a participation fee of $10.00.
The wine tasting bar has been an existing use within the Whole Foods Market since it
opened in 2007. The proposed modification would not alter the operation of the wine
tasting area. There would be no expansion and no change to the hours of operation.
Customers would simply be allowed to sample larger serving sizes of wine or beer.
ANALYSIS
In determining whether to approve the Conditional Use Permit for the modification of an
existing Type 42 ABC License, the Zoning Administrator must determine whether or not
the proposed use will be detrimental to the health, safety, morals, comfort, and general
welfare of the persons residing in or working in the neighborhood or whether it will be
injurious or detrimental to property or improvements in the vicinity or to the welfare of
the City.
A decision to approve this request may be supported by the following findings:
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 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
of a food market.
Ry " Swiont k
Associate Planner
Attachments: A. Location Map
B. Submitted Plans
C. Zoning Administrator Action (ZAA) 09-005
ATTACHMENT A
LOCATION MAP
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TUSTIN CITY MAP
Project No. CUP 09-005
Address: Whole Foods Market
2847 Park Avenue
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ATTACHMENT B
SUBMITTED PLANS
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ATTACHMENT C
ZONING ADMINISTRATOR ACTION 09-005
ZONING 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:
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
minor Conditional 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 09-005
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 California 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.
Dana L. Ogdon
ZONING ADMINISTRATOR
Eloise Harris
RECORDING SECRETARY
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 Recording 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 18t" day of May, 2009.
Eloise Harris
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 Conditions 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) CEQA MITIGATION (6) LANDSCAPING GUIDELINES
(3) UNIFORM BUILDING CODES (7) 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 accordance 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, 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. 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 purchased and consumed on-site shall be 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.
CITY OF TUSTIN
S F' F. A K E R S F O R M
ZOr1I1JG ADMINISTRATOR ACTIONS
IF TOU DISH TO SPEAK TO THE ZONING ADMINISTRATOR REGARDING A PARTICULAR MATTER, PLEASE COMPLETE THIS FORM AND
SUBMIT TO THE SECRETARY PRIOR TO SPEAKING. COMPLETION Of THIS FOAM IS MOT MANDATORY, BUT IS REQUESTED SO THAT
SPEAKERS' NAMES CAN BE ACCURATELY SET FORTH IN THE RECORD. THANK YOU fOR YOUR COOPERATION.
1F YOU CHALLENGE AN ITEM CONSIDERED AT A PUBLIC HEARING IN COURT, YOU MAY BE LIMITED TO RAISING ONLY THOSE
ISSUES YOU OR SOMEONE ELSE RAISED AT THE PUBLIC HEARING DESCRIBED IN THE AGENDA, OR IN t1RITTEN CORRESPONDENCE
DELIVERED TO THE CITY OF TUSTIN Ai, OR PRIOR TO THE PUBLIC HEARING. .
P L E A S E P R I N T
DATE : -.~
NAME : /~ RR (~ fl 2 ~-`T I ~~ ~ v(L
ADDRESS : ,33 3 /~'- 6 ~~ y a: ~~ 6~. ~a ~ r ~ ~ b ~.t C ~ ~f~SoZ
TELEPHONE NUMBER: ~~ ~ ' .3~'~- .L 7 ~/ v
(AREA CODE)
REGARDING ZONING ADMINISTF~ATOR ACTION AGENDA ITEM NO.
ARE YOU SPEAKING IN FAVOR h OR IN OPPOSITION TO TI~iIS
MATTER?
NAME OF COMPANY OR GROUP YOU ARE REPRESENTING (IF APPLICABLE)
CITY OF TUSTIN
S x' F. A K F. R S F O R M
ZOraI1JG ADMINISTRATOR ACTIONS
(F TOU tJISH TO SPEAK i0 THE ZONING ADMINISTRATOR REGARDING A PARTICULAR MATTER, PLEASE COMPLETE THIS FORM AND
SUBMIT TO THE SECRETARY PRIOR TO SPEAKING. COMPLETION OF THIS FORM IS NOT MANDATORY, BUT IS REQUESTED SO THAT
SPEAKERS' NAMES CAN BE ACCURATELY SET FORTH IN THE RECORD. THANK YOU FOR YOl1R COOPERATION.
IF YOU CHALLENGE AN ITEM CONSIDERED AT A PUBLIC HEARING IN COURT, YOU MAY BE U HITED TO RAISING ONLY THOSE
ISSUES YOU OR SOMEONE ELSE RkiSED AT THE PUBLIC HEARING DESCRIBED !N THE AGENDA, OR IN 1/RITTEN CORRESPONDENCE
DELIVERED TO THE C1TT Of TUSTIN AT, OR PRIOR TO THE PUBLIC NEARING. ,
P L E A S E /P R N '.
DATE: ~ ( ~
NAME - ~~ ~..- 1+~ (~4J'_".~~''
ADDRESS : ~b' ~~~' ~ /I~`G~- , 1 ~ ~`~ ~ I~~ I ~ ~'`1 ~'yl~
TELEPHONE NUMBER: ~ ~ "l ~ Y-" ~ ^~'"~ ~ ~~
(AREA CODE)
REGARDING ZONING ADMINISTRATOR ACTION AGENDA ITEM NO.
ARE YOU SPEAKING IN FAVOR ~~ OR IN OPPOSITION TO Tf~iIS
MATTER?
NAA1E OF COMPANY OR GROUP YOU ARE REPRESENTING (IF APPLICABLE)
~t.~~i ~~ is ~~ ,C.L `~ ~ c
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F 721 l1ISH TO SF'Ei~~; TO THE ~O~litl FDMIi.'1STRA19R RECJ,RDIk'G ,~. PAffT1CL1LFli MA7TF P,, ~~ EASE CCY-1PLETE THIS :G"iH Al~3
~~~u~.iT ip 74~; SEL'RETn?7 P,(O~l TO 1'~AK:NG. CG P~ET10~ (~f THIS FO?ti IS NOT H,ll ;k.TO`.i, BU1 ~~ FEOU[SiED 10 7ki.T
S~EF,KLRS' Idlai~5 CFN EE F~CCURATE~7 SET f02Tli iN IKE RECLtiG_ TNAFC T21 F~1R Z"QJt; COO~'CRF,TiON_
IF ",Cr; CHi~,LLE~JGE Ara !TG~i CO!+'_!OERED fT A PU3LIf_ ~tE,n,p~qu CN C,~;RT, YCYJ WAT ErE LIHiTED TO BRIBING GidLY THC=,E
+S`-iL1cS ;'aJ OR S~`1EOh~E E~S~ R:,i`_;ED RT THE P115LiC NEhR1NG GESCRiB[D LN ;HE AGENL+A, UR ik llr.iT7H>' COP.RcSF'ph'pENC~
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(Ai2EF~ CGDE}
REGARDING ZONIfvG ADI~iINIS'I'F.ATOR r~CTIC?N AGENDA I:I'Eh'i NO. ~'
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A_RE YOU SPEAP~ING IN FI>iVOR_ ;` ~ OR Itd OPPOSITION- _ `SO TF~iIS
I; ~~TTER?
i~~At~,~ OF CO;~tPAt:'Y CR rt.OUP ~~Oti ARE REPRESENTIIJG (I1~ r:PPL7GALLE)