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Home My WebLink AboutPC RES 3605RESOLUTION NO. 3605 20 24 25 27 21t 29 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN APPROVING CONDITIONAL USE PERMIT 98-011 TO ESTABLISH OFF-SITE ALCOHOLIC BEVERAGE SALES AT THE PLANNED FULL AND SELF-SERVE CARWASH FACILITY AT 3091 E. EDINGER AVENUE The Planning Commission does hereby resolve as follows: I. The Planning. Commission finds and determines as follows: Ao That a proper application for Conditional Use Permit 98-011 was filed by Tom Rossi to request authorization to sell alcoholic beverages for off-site consumption, consistent with a Type 20 license from the California State Department of Alcoholic Beverage Control, at the furore full and self-serve carwash at 3091 E. Edinger (APN #434-201-05). B, · That the proposed use is subject to Planning Commission approval of a conditional use permit pursuant to Section 3.103)(1) of the Jamboree Plaza Planned Community D/strict R%m.tlations. That a public hearing 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. That sales of alcoholic beverage sales for off-site consumption Mil not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons r~siding 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, 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 sufficimt distance from sensitive uses including residential areas, places of worskip, par'ks, 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. 3605 Page 2 , Fo The proposed hours of alcoholic beverage sales are appropriate for the proposed use in that sales will only occur when the full serve carwash retail area is operating between 7:00 a.m. and sunset. 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. G. 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 Conu'nission hereby approves Conditional Use Permit 98-011 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 future full and self- serve carwash located at 3091 E. Edinger (APN #434-201-05), subject to the conditions contained in Exhibit A attached hereto. 17 ,~ ~-~ABETI~ A. BII~ISA~K 20 22 PASSED AND ADOPTED by the Planning Commission of t~e City of Tustin, at a regular meeting on the 10th day of August, 1998. fESLm PONTIOUS Chairperson 24 25 26 Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN . ) I; ELIZA.BETH A. BINSACK, the undersigned, hereby certify that I am the Planning Comm/ssion Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3605 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 10th day of August, 1998. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A CONDITIONAL USE PER,'fIT 98-011 CONDITIONS OF APPROVAL RESOLUTION NO. 3605 GENERAL 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped August 10, 1998, on file with the Community Development Deparm~ent, 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 other,vise 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 approval shall become null and void unless a license is obtained fi-om the Department of Alcoholic Beverage Control and the sale of alcohol commences Mthin 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 98-011 is contingent upon the applicant and property owner signing and returning an "A~eement to Conditions Imposed" form as established by the Community Development Department. Failure tO comply with the conditions imposed shall be grounds for suspension or revocation of Conditional Use Permit 98-011.(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 of this project.(1) (2) (3) (4) SOURCE CODES STANDARD cONrDITION CEQA MITIGATION UNIFORM BUILDING CODF_.TS DESIGN REVIEW EXCEPTIONS (5) (6) (7) RESPONSIBLE AGENCY REQUIREIv~I~r'I'S LANDSCAPING GUIDELINES PC/CC POLICY Exhibit A Conditional Use Permit 98-011 Page 2 USE RESTRICTIONS 2.1 The applicant shall maintain an active Type 20 license with the State Department of Alcoholic Beverage Control.(1 ) 2.2 Only beer and wine products are authorized for sale under Conditional Use Permit 98- 011. No on-site consumption of alcohol shall be permitted. No on-site consumption of alcohol shall be permitted. If other types of alcoholic beverages are proposed to be offered for sale, the applicant shall amend Conditional Use Permit 98-011 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 full and self-serve carwash with 1,200 square foot retail area. Should this use change or be discontinued, authorization for Conditional Use Permit 98-011 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 t(~ between 7:00 a.m. and 7:00 p.m.(7) 2.6 "No Loitering" signs shall be posted in the waiting area of the full serve carwash facility and on the self-serve carwash facility. "No Consumption of Alcoholic Beverages is Permitted" signs shall be posted at the entrance of the carwash building retail store, the full serve carwash waiting area, and the self-ser,,e carwash facility.(7) 2.7 No gaming devices, including but not limited to, pool tables, coin operated games, or video game machines are allowed on the subject property.(7) 2.8 No alcoholic beverages may be consumed anywhere on the subject property knovm as Assessors Parcel Number 434-201-05, in patrons vehicles, or on adjacent properties. The applicant shall be responsible for ensta/ng that patrons of the full or self-serve facility 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 unit no less than ten (10) feet from the point of sale and a minimum of five (5) feet from the store entrance.(7) Exhibit A Conditional Use Permit 98-011 Page 3 2.10 2.11 2.12 2.13 2.t4 FEES 3.1 No display, sale or distribution of beer or wine, wine coolers, or similar alcoholic beverages shall be made from an ice tub, barrel or similar container.(7) No sales or distribution of alcoholic beverages shall be made from a drive-up or walk-up window.(7) All litter shall be removed from the exterior areas of the premises, including adjacent public sidewalk areas, no less than once each day.(7) No signs, including window signs, advertising alcoholic beverages may be visible from the exter/or of the building.(7) Public telephones on the property shall be modified to prevent incoming calls.(7) 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 $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 environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened.(1)