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Home My WebLink AboutPC RES 3606RESOLUTION NO. 3606 10 22 23 27 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 98-013 AUTHORIZING OFF-SITE ALCOHOLIC BEVERAGE SALES (TYPE 20) AT THE FUTURE SERVICE STATION/CONVENIENCE STORE AT 3017 E. EDINGER AVENUE AT THE NORTHEAST INTERSECTION OF EDINGER AVENUE AND JAMBOREE PLAZA DRIVE. The Planning Conunission does hereby resolve as folloxvs: I. The Planning Commission finds and determines as follows: Ao That a proper application for Conditional Use Permit 98-013 Was filed by The Meridian Group to request authorization to sell alcoholic beverages for off-site consumption, consistent Mth a Type 20 license from the California State Department of Alcoholic Beverage Control, at the future service station/convenience store at 3017 E. Edinger Avenue, at the northeast intersection of Edinger Avenue and Jamboree Plaza Drive (APN ,%434-201-12). B, That the proposed use is subject to Planning Commission approval of a conditional use permit pursuant to Section 3.1(B)(1) of the Jamboree Plaza Planned Community District Re~lations. That a public heating was duly called, noticed and held on said application on June 22, 1998, and continued to July 13, 1998, and August 10, 1998 by the Planning Commission. D. That the project is categorically exempt (Class 1) pursuant to Section 15301 of the California Environmental Quality Act Guidelines. Eo That sales of alcoholic beverage sales for off-site consumption 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 nei~borhood of the subject property, or to the general welfare of the City of Tustin, as evidenced by the following findings: Establishing alcoholic beverage sales at this location will not be detrimental to the health, safety, morals, comfort and general welfare of the persons residing in or working in the neighborhood nor injurious or detrimental to property or improvements in the vicinity since the proposed location is a sufficient distance fi-om sensitive uses including residential areas, places of worship, parks, schools, hospitals, clinics, convalescent homes, and other uses selling or serving alcohol. In addition, several operational conditions are proposed that will ensure that alcoholic beverages sales are conducted in an orderly manner and do not encourage public disturbances Resolution No. 3606 Page 2 14 15 . Fo The proposed hours of alcoholic beverage sales are appropriate for the proposed use in that convenience store will operate twenty-four hours per day and alcoholic beverage sales will occur only when permitted legally under State law. The Commission finds that the proposed use will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole. Go That 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. The Planning Commission hereby approves Conditional Use Permit 98-013 to 'authorize the sale of alcoholic beverages for off site consumption, consistent with a Type 20 license from the California State Department of Alcoholic Beverage Control at the furore service station/convenience store located at 3017 E. Edinger Avenue, at the northeast intersection of Edinger Avenue and Jamboree Plaza Drive (APN ~34-201-12), 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 10th day of August, 1998. A. B SXd '_2, Planning Commission Secretary 2~ 25 t I}gLm PONTIOUS Chairperson STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ELIZABETH A. BINSACK, the unders'i~ed, hereby certify that I am the Planning Commission Secretary of the Planning Commission of the City of Tustirh California; that Resolution No. 3606 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the l0th day of Aug'ust, 1998. ,~iZ~ABi~TH A. BI~ISA~K Planning Commission Secretary EXHIBIT A CONDITIONAL USE PERMIT 98-013 CONDITIONS OF APPROVAL RESOLUTION NO. 3606 GENERAL 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped Au~st 10, 1998 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 a license is obtained from the Department of Alcoholic Beverage Control and the sale of alcohol commences within eighteen (18) 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 98-013 is contingent upon the applicant and property owner signing and returning an "Agreement to Conditions Imposed" form as established by the Community Development Depamnent. Failure to comply with the conditions imposed shall be grounds for suspension or revocation of Conditional Use Permit 98-013. (1) 1.5 The applicant shall hold hanrdess and defend the City of Tustin fi.om all claims and 1/abilities arising out of a challenge of the City's approval of this project.(1) U__SE RESTRICTIONS 2.1 The applicant shall maintain'an, active Type 20 license with the State Department of Alcoholic Beverage Control.(1) (1) (2) (3) (4) SOURCE CODES STANDARD CONDITION CEQA MITIGATION UNIFO~ BUILDING CODE/S DESIGN REVIEW EXCEPTIONS (5) (6) (7) RESPONSIBLE AGENCY REQUmEM NTS LANDSCAPING GUIDELINES PC/CC POLICY Exhibit A Conditional Use Permit 98-013 Conditions of Approval Page 2 2.2 Only beer and wine products for off-site consumption are authorized for sale under Conditional Use Permit 98-013. No on-site consumption of alcohol shall be permitted. If other types of alcoholic beverages are proposed to be offered for sal6, the applicant shall amend Conditional Use Permit 98-013 prior to offering other types of alcoholic beverages for sale.(1) 2.3 Authorization for off-site sales of beer and wine is contingent upon the use at the subject site remaining as a service station/convenience store with 1,600 square foot retail area. Should this use change or be discontinued, authorization for Conditional Use Permit 98- 013 is null and void.(1 ) 2.4 All persons selling alcoholic beverages shall be twenty-one years of age or older.(7) 2.5 Hours in which beer and wine may be sold are limited to between 6:00 a.m. and 2:00 a.m.(7) 2.6 "No Loitering" and "No Consumption of Alcoholic Beverages is Permitted" signs shall be posted on the front of the convenience store building, subject to review and approval by the Director of Community Development.(7) 2.7 2.8 No-gaming devices, including but not limited to, pool tables, coin operated games, or video game machines are allowed on the subject property.(7) · No alcoholic beverages may be consumed anywhere on the subject property 'knowm as Assessors Parcel Number 434-201-12, in patrons vehicles, or on adjacent properties. The applicant shall be responsible for ensuring that patrons of the convenience store/service station do not consume alcoholic beverages anywhere on the property, at any time.(1) 2.9 Refrigerated single-service beverage containers shall be located 'in an enclosed refrigeration trait no less than ten (10) feet from the point of sale and a minimum of five (5) feet from the store entrance.(7) 2.10 No display, sale or distribution of beer or wine, wine coolers, or similar alcoholic beverages shall be made fi-om an ice tub, barrel or similar container.(7) 2.11 No sales or distribution of alcoholic beverages shall be made from a drive-up or walk-up window.(7) 2.12 All litter shall be removed fi.om the exterior areas of the premises, including adjacent public sidewalk areas, no less than once each day.(7) Exhibit A Conditional Use Permit 98-013 Conditions of Approval Page 3 2.13 2.14 No signs, including window signs, advertising alcoholic beverages may be visible from the exterior of the building. No beer or wine advertising shall be located on motor fuel islands and no self-illuminated advertising for beer or wine shall be located on buildings or windows.(7) Public telephones on the property shall be modified to prevent incoming calls.(7) FEES 3.1 Within ~brty-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 $38.00 (thirty eight 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 environrnental determination under the provisions of the California Environmental Quality Act could be significantly lengthened.(1, 5)