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HomeMy WebLinkAboutPC RES 3818RESOLUTION NO. 3818 l A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN APPROVING CONDITIONAL USE PERMIT 01-027 AUTHORIZING ESTABLISHMENT OF A SMALL MARKET (CONVENIENCE STORE) WITHIN A 2,41,5 SQUARE FOOT TENANT SPACE IN A RETAIL BUILDING LOCATED AT 14702 NEWPORT AVENUE. The Planning Commission does hereby resolve as follows: 1. The Planning Commission finds and determines as follows: A. That a proper application for Conditional Use Permit 01-027 'was filed by Marco Hurtado to request authorization to establish a small market (convenience store) for the purpose of offering meats, packaged foods, produce, and small household items within a retail center located at 14702 Newport Avenue. B. That the proposed use is consistent with the Tustin General Plan in that the property is designated as "Community Commercial" which provides for the establishment of commercial 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. Pursuant to Tustin City. Code Section 9232(b)(p), convenience stores are permitted within the Retail Commercial (C-1) zoning district with approval of a conditional uso pormit. Tho proposed market is consistent with the definition of a convenience store provided in Tustin City Code Section 9297 in that the market is less than 15,000 square feet in size and sells food, beverages, and small household items for off-sito uso and consumption. D. That a public hearing was duly called, noticed, and held on said application on January 14, 2002, by the Planning Commission. E. That the establishment, maintenance and operation of the proposed market 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: , As conditioned, the use would be limited to the sale of meat, produce, pre-packaged foods and small household items in the interior of the premises; Resolution No. 3818 Page 2 As conditioned, loading and unloading of deliveries would not impact residential uses in proximity to the site; As conditioned, sale of alcoholic beverages is prohibited; As conditioned, no exterior public phones would be installed in conjunction with this use that would promote loitering in the area; and, As conditioned, the nature, operation and scale of the small market (convenience store)is compatible with surrounding commercial uses and the market would provide for convenient shopping of the residents in the area. F. This project is Categorically Exempt pursuant to Section 15301, Class 1 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 01-027 to establish a small market (convenience store) for the purpose of offering meats, packaged foods, produce, and small household items within a 2,415 square foot tenant space located at 14702 Newport Avenue, subject to the conditions contained in Exhibit A attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 14th day of January, 2002. ELIZABETH A. BINSACK Planning Commission Secretary LESLIE A. PONTIOUS Chairperson Resolution No. 3818 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 Planning Commission of the City of Tustin, California; that Resolution No. 3818 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 14t" day of January, 2002. ELIZABETH A. BINSACK Planning Commission Secretary GENERAL EXHIBIT A CONDITIONAL USE PERMIT 01-027 CONDITIONS OF APPROVAL RESOLUTION NO. 3818 (1) 1.1. The proposed use shall substantially conform with the submitted plans for' the project date stamped January 14, 2002, on file with the Community Development Department, except as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Director of Community Development may also approve minor modifications to plans during plan check if such modifications are to be consistent with the provisions of the Tustin City Code and other applicable codes. (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified or 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 are issued within twelve (12) months of the date of this Exhibit and substantial tenant improvements are underway. Time extensions may be granted if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.4 Approval of Conditional Use Permit 01-027 is contingent upon the applicant 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 The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of a challenge of the City's approval for this project. (1) 1.6 As determined by a City Code Enforcement Officer, any violation of any of the conditions imposed by this Resolution is subject to the imposition of a civil penalty of $100.00 for each violation and each day the violation exists. (2) (3) (4) SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODElS (4) DESIGN REVIEW EXCEPTIONS (5) RESPONSIBLE AGENCY REQUIREMENTS (6) LANDSCAPING GUIDELINES (7) PC/CC POLICY Exhibit A Resolution No. 3818 January 14, 2002 Page 2 (1) 1.7 The applicant shall be responsible for costs associated with any necessary code enforcement action. 1.8 Conditional Use Permit 01-027 may be reviewed annually or more often, if deemed necessary by the Community Development Department, to ensure compliance with the conditions contained herein. PLAN SUBMITTAL (1) 2.1 Prior to commencement of sales, the applicant shall obtain permits for improvements to the tenant space and parking lot and complete all improvements, to the satisfaction of the Community Development Department. At the time of building permit application, the plans shall comply with the 1998 California Building Code (CBC), 1998 California Mechanical Code (CMC), 1998 California Plumbing Codes (CPC), 1998 California Electrical Code (CEC), California Title 24 Accessibility Regulations, Title 24 Energy Regulations, City Ordinances, and State and Federal laws and regulations. (1) 2.2 Building plan check submittal shall include the following: Four (4) sets of construction plans, including drawings for mechanical, plumbing, and electrical. Two (2) copies of Title 24 energy calculations. Note on plans that no field changes shall be made without prior approval from the Building Official and architect or engineer of record. (3) 2.3 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. (3) 2.4 The plans shall indicate that the restrooms are accessible to persons with disabilities as per State of California Accessibility Standards (Title 24). Plumbing fixture units are required to comply with Table 4-1 of the California Plumbing Code, as per type of group occupancy, or as approved by the Building Official. (5) 2.5 Evidence of approval from the Orange County Health Care Agency shall be submitted to the Community Development Department prior to issuance of a building permit. (3) 2.6 A minimum of one cash register/check stand shall be accessible to persons with disabilities. Exhibit A Resolution No. 3818 January 14, 2002 Page 3 (1) 2.7 Submitted plans shall indicate that a self-closing, self-latching steel door, painted to match the building, shall be installed on the existing trash enclosure prior final inspection of the improvements and commencement of sales. (1) 2.8 Submitted plans shall note that the parking lot shall be resurfaced and restriped in accordance with the approved site plan and the wheel stops shall be repaired prior to final inspection of the improvements and prior to commencement of sales. (1) 2.9 Pursuant to the City of Tustin's Security Ordinance and the Uniform Fire Code, street numbers shall be displayed in a prominent location on the street side of the building. The numerals shall be no less than six (6)inches in height and shall be of contrasting color to the background to which they are attached. (*) 2.10 A separate set of sign plans shall be submitted to the Community Development Department for review and approval prior to final inspection of the improvements. USE (1) 3.1 The subject location shall be used for the sale of merchandise only for off- site use and consumption. No services shall be permitted. Merchandise shall be limited to the following: meats, packaged foods, fresh produce, and small household items. Any modifications to the merchandise to be sold or services to be offered require approval of the Community Development Department. (*) 3.2 The subject location is not eligible for a conditional use permit for off-site alcoholic beverage sales since it does not meet the minimum distance requirements from existing sensitive uses' set forth in Tustin City Code Section 9233(c)(v)(1). The public entrance/exit to off-site beverage sales establishments (ABC Type 20 License) must be a minimum of six hundred (600) feet from health care facilities, schools, and playgrounds. The building's entrance is less than six hundred (600) feet from the Tustin Medical Plaza and the Tustin Family and Youth Center. (*) 3.3 No interior or exterior seating for dining purposes shall be permitted without obtaining approval from the Community Development Department. (*) 3.4 Prior to commencement of sales, video surveillance equipment with a monitor shall be installed allowing customers to see that they are being taped. Exhibit A Resolution No. 3818 January 14, 2002 Page 4 (*) 3.5 Prior to commencement of sales, a drop safe for the cashier/clerk to deposit money shall be provided to avoid having large amounts of cash in the register. (1) 3.6 Hours of operation shall be limited to 7:00 a.m. to 10:00 p.m. (1) 3.7 Deliveries to the small market shall be limited to between the hours of 8:00 a.m. to 7:00 p.m. Delivery trucks shall not arrive on site until 8'00 a.m. (1) 3.8 Check cashing facilities may not be established on the project site without prior review and approval by the City of Tustin License and Permit Board. (1) 3.9 The installation of any exterior, freestanding vending machines, such as, but not limited to, beverage or soda machines, candy, magazine racks, and any other retail product, is prohibited. No more than four (4) video arcade games, virtual reality, or coin-token games shall be located in the interior of the premises. No games shall be located on the exterior of the premises. (*) 3.10 Submitted plans shall note that the existing exterior public pay telephones shall be removed prior to issuance of a demolition permit or final inspection of the. improvements, whichever occurs first, and prior to commencement of sales. Exterior public pay telephones shall be prohibited and interior public pay telephones shall be programmed to prevent incoming calls. (1) 3.11 No outdoor storage shall be permitted except as approved by the Director of Community Development. (1) 3.12 Outside address speakers, telephone bells, buzzers, and other similar devices, which are audible from adjoining properties, shall be prohibited. (1) 3.13 Signs shall be posted conspicuously in the parking areas prohibiting loitering and overnight parking. (*) 3.14 Employees of the small market shall use the parking area behind the building for vehicle parking. (1) 3.15 All business activity, sales, displays, or other business activities shall be conducted entirely within the interior of the premises. (1) 3.16 If determined by the Chief of Police and the Community Development Director, based upon the number of calls for service, the owner and/or operator will be required to implement procedures to reduce the likelihood of criminal activity. Exhibit A Resolution No. 3818 January 14, 2002 Page 5 The premises shall be maintained continuously in a clean and healthy condition, and all graffiti shall be removed within 24 hours of notification from the City. (1) 3.18 Window signs shall not obstruct more than twenty-five (25) percent of the glass area of the storefront. (1) 3.19 All landscaped areas, including the tree wells at the rear of the property, shall be planted in accordance with the Landscape and Irrigation Guidelines and maintained in a healthy condition at all times. FEES (1) 4.1 Prior to issuance of any permits, the applicant shall pay the following fees. Payment will be required based upon the rate in effect at the time of permit issuance and are subject to change. a. All applicable Building and Orange County Fire Authority plan check and permit fees shall be paid to the Community Development Department. (1) 4.2 Within forty-eight (48) hours of project approval, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of $43.00 (forty-three dollars) 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.