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HomeMy WebLinkAboutPC RES 4185RESOLUTION NO. 4185 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 2011-16 AUTHORIZING THE ESTABLISHMENT AND OPERATION OF A TWENTY-FOUR (24) HOUR CONVENIENCE STORE WITHIN AN EXISTING TENRNT SPACE LOCATED AT 13842 NEWPORT AVENUE #E. The Planning Commission does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That a proper application, Conditional Use Permit 2011-16, was filed by 7-Eleven, Inc. requesting authorization to establish and operate a twenty-four (24) hour convenience store within an existing 2,952 square foot tenant space located at 13842 Newport Avenue #E. B. That the Commercial General (CG) zoning district and Community Commercial General Plan land use designation provide for a variety 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. That convenience stores are listed as conditionally permitted uses within the Central Commercial (C-1) zoning district pursuant to Section 9232b10 of the Tustin City Code (TCC). The subject property is located within the Commercial General (CG) zoning district where pursuant to Section 9235c1 of the TCC, all conditionally permitted uses in the C-1 district are also conditionally permitted in the CG district D. That a public hearing was duly called, noticed, and held for said application on October 11, 2011, by the Planning Commission. F. That the establishment, maintenance, and operation of the proposed use 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, 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: 1. The proposed convenience store is consistent with the definition of a convenience store provided in Section 9297 of the Tustin City Code in that the convenience store is less than 15,000 square feet and sells food, beverages, magazines, and auto-related items, or any combination thereof, for off-site use and/or consumption. Resolution No. 4185 Page 2 2. The proposed use is a reputable business with over eighty three {83) years of experience in the convenience store industry. 3. The 7-Eleven, Inc. business model requires that all stores be open twenty-four (24) hours a day, seven (7) days a week. The five (5) existing 7-Eleven stores within the City of Tustin all follow these hours of operation. 4. The proposed use would provide for convenient shopping for nearby businesses and residents. 5. The project does nat include sales of alcoholic beverages and the subject property does not meet the minimum distancing requirements contained within Section 9271dd to sell alcoholic beverages for off-site consumption. 6. The building entrance is oriented towards Newport Avenue, therefore, no noise impacts are anticipated as all activities would occur within the building and access is provided along Newport Avenue. G. This project is Categorically Exempt pursuant to Section 15301, Class 1 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Planning Commission hereby approves Conditional Use Permit 2011-16 authorizing the establishment and operation of a twenty-four (24) hour convenience store within an existing 2,952 square foot tenant space located at 13842 Newport Avenue #E subject to the conditions contained within Exhibit A attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 11t" day of October, 2011. JEFF R. Tl-FOMPSON Chairperson ELIZABETH A. BINSACK Planning Commission Secretary Resolution No. 4185 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 City of Tustin, California; that Resolution No. 4185 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 11t" day of October, 2011. .. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A RESOLUTION N0.4185 CONDITIONAL USE PERMIT 2011-16 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped October 11, 2011, on file with the Community Development Department, 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 subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code. (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified, subject to review and approval by the Community Development Department. (1) 1.3 This approval shall become null and void unless the use is established within twelve (12) months of the date of this Exhibit. 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 2011-16 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 Tustin City Code Section 1162(a). (1) 1.6 Conditional Use Permit 2011-16 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. The Community Development Director shall review the use to ascertain compliance with conditions of approval. If the use is not operated in accordance with Conditional Use Permit 2011-16, or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the Community Development Director shall impose SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Exhibit A Resolution No. 4185 CUP 2011-16 Page 2 additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the Conditional Use Permit. (1) 1.7 As a condition of approval of Conditional Use Permit 2011-16, the applicant shall agree, at its sole cast 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 filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in the defense of any such action under this condition. (1) 1.8 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney's fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. USE RESTRICTIONS (1) 2.1 The subject location is not eligible for off-site alcoholic beverage sales since the site does not meet the minimum distance requirements from existing sensitive uses set forth in TCC Section 9271dd(1)(a). Accordingly, no alcoholic beverages shall be sold from the subject location. (1) 2.2 No outdoor storage shall be permitted except as approved by the Director of Community Development. (1) 2.3 All business activity, sales, displays or other business activities related to the convenience store shall be conducted entirely within the subject building. (1) 2.4 Exterior public pay telephones shall be prohibited and interior public pay phones shall be programmed to prevent incoming calls. (1) 2.5 "No Loitering" signs shall be placed near the entrance on the outside of the premises. No congregation and loitering outside the building shall be permitted. Exhibit A Resolution No. 4185 CUP 2011-16 Page 3 (1) 2.6 All litter shall be removed from the exterior areas around the premises, including adjacent public sidewalk areas and parking areas, no less frequently than once daily. The applicant shall provide trash cans at the exterior of the stare. (1) 2.7 If in the future the City's Community Development Director, Police Chief, and/or Public Works Department determine that a parking, traffic, or noise problem exists on the site or in the vicinity as a result of the facility, the Community Development Director, Police Chief, and/or Public Works Department may require that the applicants to prepare a parking demand analysis, traffic study, or noise analysis and the applicants shall bear all associated costs. If said study indicates that there is inadequate parking or a traffic or noise problem, the applicants shall be required to provide mitigation measures to be reviewed and approved by the Community Development Department, Police Chief, and/or Public Works Department. Said mitigation measures may include, but are not limited to, the fallowing: (a) Adjust hours of operation. (b) Require on-site security personnel. (c) Provide additional parking. BUILDING DIVISION (1) 3.1 At the time of building permit application, the plans shall comply with the 2010 Edition State and the City of Tustin adopted codes: California Building Code, California Electrical Code, California Plumbing Code, 2008 Building energy Efficiency Standards for Nonresidential building, City Ordinances, and State and Federal laws and regulations. Building/space must be designed for a Group M Occupancy. (1) 3.2 Prior to approval of the plans for permit, Orange County Environmental Health approval shall be secured. (1) 3.3 A grease interceptor will be required if food is prepared in the store (Section 1014.0 of the 2010 CPC) and the interceptor shall be sized based on Table 10-2 of the 2010 CPC. FEES (1, 5) 4.1 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 Exhibit A Resolution No. 4185 CUP 2011-16 Page 4 documentation for the project. If within such forty-eight (48) hour period the 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.