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HomeMy WebLinkAbout05 UD 2012-03 & CUP 2012-09AGENDA REPORT JMEETING DATE; AUGUST 23, 2012 TO; p Ai\]NIIllG COMMISSION V ROuNI: SON%AUi�9ITY DEVELOPMENT DEPARTMENT ITEM # 5 SUBJECT: USE DETERNflNATI0jN1 2012 -03 & CONDITIONAL USE PER_N,]IT 2012 -00 APFLICAN7a GOODWILL INDUSTRIES OF ORANGE COUNTY 410 FAIRVIEW STREET SANTA ANA, CA 92703 PROPERTY\ ON?9'HEFZZ IPK ID LARi /AhN SQUARE SS LP 23 MAUCHLY SUITE 100 IRVINE, CA 02618 LOCATION: 502 E. FIRST STREET I c�U =STo A REQUEST BY GOODWILL II\9DUS II P IES OF ORANGE COUNTY TO OPERATE A THRR T STORE AVAiffJ I DO�\\9ATIOI\J� AREA �JARTI� I'IN AN EIS f NG J ENAj'\\9T SPACE. CEI`1�9 _F�0N jlIEIM7AL `U HI S PROJECT IS CATEGORICALLY EXENiliPT PURSUANT TO SECTION 15301 (SLALSS i) OF THE CALIFO( NbL'\ ENVIRONMENTAL QUALITY ACT (CEQA). 1 Goodwin l - PC Report August 23, 2012 UD 2012 -03 & CUP 2012 -09 Page 2 RIIECO 1111 EIMID 7 ] '0 F- 1 hat the planning Commission: 1. Adopt Resolution No. X200, approving Use [Determination 2012 -03 to allo�jv thrill stores v;ith donation areas as a conditionally permitted Liss witHn 'lhe commercial land use designations of the First Street Specific Plan. 2. P\dops resolution No. 4201, approving Conditional Use 7,FaTmit 2012-02 to establish a Goodwill thrift store AjAdth donation area located at 502 C. First Street, APPROVAL AUTHORITY: Sections R].D.I,a.3) and M.D.2.a.3) of the First Street Specific plan give the Planning Commission the authority to determine if unlisted uses are consistent lwith other uses permitted in the commercial land use designations. Section 9291 of the Tustin City Code gives the Planning Commission the authority to evaluate and grant requests for Conditional Use Permits. A C G� ;7UJ\'DE, Site and Location The project site is located within the Forst Street Specific Plan (FSV ) zoning district. N]Mthin the FSSP, the project site is designated for commercial as a primary, use which allo�jus for a iariaty of retail and service commercial uses. The specific tenant space is located within the La7i\�iin Square shopping center. Surrounding uses of the tenant, space and Square as a ajAihole are commercial in nature �jAjith the exception of an apartment complex to the �Aiest of the center located at 2nd Street and Centennial )'\lay. 7roposed Goodwill 'F •N •F•FBt �n J XR Ek 3 ,mss =--44W4� PC Report August 23, 2012 U-D 2012 -03 & CUP 2012 -09 Page 3 Public i'Voticing A public hearing notice identifying the tire, date, and location of the public hearing for the proposal vias published in °the V a stin Neyyz con Au( 15, 23M. G'roperty mkiners within 300 Meet of the site were notified of the hearing by mail; a hearing sign � /Alas posted on the site and at City Hall on Auguat 1 % 20N2. The applicant NjAjas informed of the availability of the agenda and staff report for this item. A ro,oJJcaJJOn The proposed thrift store �j^iith donation area is not specifically identified as a permitted or conditionally permitted use �jvithin the FSSF). As such, a use determination and conditional use permit hav-s been submittad for concurrent re -vieNjAi. Public Comment Prior to the printing of this staff report, staff received one item of public comment regarding ,the proposed project Njia email (Attachment E), Any puNic comment received after the printing of this staff report �jvill be made ati ,iailable at the August 28, 2012, public hearing before the Planning Commission. M 5 � 7C�TERMINATI ®N A Use Determination is necessary to decide if the proposed use would be permitted, conditionally permitted or prohibited in the commercial hand use designations of the FSSP. When determining whether a use is similar in character to -the particular uses allmi,k ed in the district, the Planning !commission should consider the follmAjing criteria outlined in Section 929b of the Tustin City Code; 1) Effect upon the public health, safety and general of the neighborhood involved and the City at large. 2) Effect upon traffic conditions. 3) Effect upon the orderly development of the area in question and the !pity at large, in regard to the general planning of ,the hole community. `I�hrift stores with donation areas are not a listed use within the FSSP. The primary use of the proposed business is retail sales with the donation component of the .business being ancillary. The FSSP allows a variety of retail and service commercial uses as permitted uses; however, it does not address a facility accepting donations. The City has a history of requiring conditional use permits for thrift stores accepting donations in commercial zoning districts. Conditional Use Permits lj�jere previously approved for the Assistance League of Tustin and the alliance for the Mentally ill of Orange County to operate thri� 'R stores with secondhand sales and donation areas within PC Resporz August 23, 2012 uD 2012 -03 & CUP 2012 -09 G ags,4 commercially zoned districts. Due to the nature of the proposed use, a Conditional Use PsTmit �1jould be necessary to ensure that the use 1j1jould operate free Of nuisances, An appmal of Use Determination 2012 -03 can be supported by the follmiMnd findings: Thri'it stores ?1jith donation areas and secondhand sales are conditionally permitted in other com mercial districts v ithin the City, 2) The primary use of a thrift store with donation area is retail sales. The donation area would be an ancillary use to the retail component. INN tra'Fic impacts are anticipated to result f'rcm the proposed use as it is a primarily retail use located in E commercial land use designation, 3) Dus to the potential for nuisance associated 1jAJi h a donation area, it is apprcpriats to require approval of a conditional use permit to ensure proper operation and maintenance of the facjRJes, !4) The proposed use �j ,\roulld be considered on a case -by -case basis and subject to the conditional use permit process and public noticing requirements, projects liAjouid be conditioned to ensure that there tijpyould be no advaTse impacts on the existing neighborhoods, C0NDITION] L M -9 E- GG'ERMi l u Goodwill lndustriss of Orange County (GlOC) is a nonprofit 501(c)(3) organization which proljides services for people with disabiRJes and other barriers in the Community. GCCI was established in 1924 and serves over 1,9 million customers annually at their stores throughout Grange County, In 2011, GIGO employed more than 1,600 people, 'proposed Gpera",i on The proposed store would operate essentially as a general retail store offering items such as clothing, home decor, and electronics among other products. The concept of this store is a Threads Boutique which focuses on :high fashion and eco-chic decorating ite ms simiiar to a 'Ross, T.J. Maxx, or Nordstrom Rack store. New merchandise will comprise twenty percent (20 %) of store sales, Ter cm, t Imp rovemen, ,ts G1OC is proposing tenant impmvements to the existing 11,000 square foot tenant space which will include an 8,180 square foot open retail space 1vaiith the remaining space devoted to operations and donation processing, The ,proposed donation area would comprise 1,920 square feet and be located at the rear of the (building, A, new eight (a) foot wide by ten (10) foot high roll up door is proposed alone the rear wall of the building, fronting Centennial V/Vay, The roll -up door would prmAds access to the donation area and serlie as the collection point, 'The new roll up door 1���ould also result PC Report August 28, 2012 U® 2012 -03 & CUP 2012 -09 Page 5 in `Iho re- location of ,-@ man door along the same slevation. Both doors would be painted to ma�'ch tha build °ng, Proposed Floe F�zn Donation Area In order to mi,Jga,�e potential nuisances associated with the operation of a donation c8m er, staff has included a number of potential conditions of appro -ral on Resolution No, 42,01 for consideration by the Qlanning Commission, No outdoor storage would be permitted and all donations would be required to be brought into the store (Condition Nos, 2,2 and 2,3). A dull time trained employee would be required to staff the donation area at all times of operation which would be limited to the hours of operation of the store (Condition No. 2.4). The donation area would be required to be screened from v sifts from the exterior of the building (Condition No, 2.7). Signage on the building would clearly indicate hours of operation and that no donations including drop -offs are accepted during non-business hours (Condition No, 2,5), There are concerns regarding the potential for donators to drop off/dump items along the exterior of the :building and in the general ?vicinity. While the donation area is located at the rear of the building it is still highly visUo along Centennial Way as well as close to PC Report August 28, 2012 UD 2012 -03 & CUP 2092 -09 Page 6 high density residential uses -across the street. The tenant �G =) and she ,property ovmo—r 'vvould be responsible for the timely maintenance of the properly and subject to the administratiVe ci tion process (Condition 'rNos. 2.5 and 2.9). Further, as noted in Condition 'No. 1.5, approval of Conditional Use Permit 2012 -09 serves cis a preci "&e -Jon notice so if any condNons of approval are violated tines may be assessed by means of an administrative citation as follows: $100.00 for ,-@ first violation; $200.00 for a second violation of the same ordinance or permit within ens year of the first NJOIaJon; or ,500.00 for a third or any further violation of the same ordinance or permit �j'�A&Nn one year of °the first 1iolation. In the event of non - compliance �Mth any conditions of approval, Con &'Donal Use Permit 2012 -09 may be reVievv�jed and/or revoked. Existing ' t jl4curs alf Operatj'o,r, and larking Propcoad The store proposes to operate from 9:00 am to 9:00 pm daily which is consistent with other uses in Larwin Square. The primary use of the store is retail in nature and would replace prior retail uses within the same tenant space. Staff does not anticipate any parking issues related to the proposed use. There are partkin og stalls as well as a ddve aisle at the rear of the property to accommodate donations. Pursuant to proposed Condition 2.8, the business shall not operate in a .manner that would impact any traffic lanes or cause queuing into the public right- of- NjAjay. Ap,pfoaar t RasPan, sa to - oten tie i Cond,i ions afA,a�ro rovaI The appiicant, GOO, has provided she City with a written response identifying concerns they have regarding a number of the potential conditions of approval (Attachment D). Staff has reviewed the submitted concerns and recommends that the proposed PC ReporZ August 28, 2012 UCH 2012 -03 a& CUP 2012 -09 Rage 7 conditions of approval remain as is �vith the exception of Cond4tion Z9, which has been amended by staff' in the proposed Resolution 4201. In determining ��,jhe�ther to approve the Conditional Use G ermit for the proposed thrift store with donation area, the Planning Commission must determine A311hether or not the proposed use will 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. A decision to approve this request may be supported by tho folloixing findings; 1 The proposed thrift store with donation area �jvould be located NMthin an established shopping center and is compatible �jAdth the other retail stores in the center. 2) The proposed hours of operation from 9;00 a.m. to 9;00 p.m. are consistent Nj'Jth other uses within La- PiA n Square shopping center. 3) The primary use of the business tijAjould be retail sales of n&jAj and used merchandise with ancillary collection of donated goods. 4) As conditioned, Conditional Use Permit 2012 -09 may be revie�j,�jed on an annual basis, or more often if necessary, by the (community Development Director. l f the use is not operated in accordance with Conditional Use Permit 2012 -09 or is found to be a nuisance or negative impacts are affecting the surrounding uses, the Community 'Development Director would have the authority to impose additional conditions to eliminate the nuisance or negative impacts or may initiate proceedings to revoka the Conditional Use Permit. 5 The implementation/application of the proposed conditions ),vould ensure compatibility of the proposed thrift store accepting donations with the surrounding uses and the Tustin City Code. 6) The proposed use is a reputable business �,Mth over eighty seven (37) years of experience opera °ting in O"ranga Coi,inty. Ryan re ntek , Elizabeth A. Binsad �ssoci Planner Community Development Director PC RapoTt August 23, 2012 UD 2012 - 03 & CUP 2012 -09 Page 3 At achmarl3.- A. Loca' on Map S. Land Uss Fac� Sheet C. Submo�NZad Flans D. Applicant Response E. Public Comm --nt F. Resolu'do 1o. t'200 G. Resolution Nlo. 4201 ATTACHMENT A LOCATION MAP FIRST STREET LOCATION MAP MD z2 ©i1 i -33 & CUP 2012 -09: Z o � [�, FURN-3 5 7 REET PROJECT SITE rr "00 000 0 O 06 O 0 e $i Jk' �9 QO� ATTACHMENT B LAND USE FACT SHEET I-AiND USE APPU ATiUN FAM 1. LAND USE APPLICATION NUMBER(S): USE DETERMINATION 2012 -03 & CONDITIONAL USE PERMIT 2012 -09 2. LOCATION: LARWIN SQUARE SHOPPING CENTER 3. ADDRESS: 502 E. 1St STREET 4. APN(S): 401- 601 -01 5. PREVIOUS APPLICATION RELATING TO THIS PROPERTY: NONE 6. SURROUNDING LAND USES: NORTH: OFFICE SOUTH: COMMERCIAL EAST: COMMERCIAL WEST: RESIDENTIAUCOMMERCIAL/PUBLIC & INSTITUTIONAL 7. SURROUNDING ZONING DESIGNATION: NORTH: FSSP - OFFICE SOUTH: Cl & C2 - RETAIL & CENTRAL COMMERCIAL EAST: Cl - RETAIL COMMERCIAL WEST: R3 - MULTIPLE FAMILY RESIDENTIAL Cl - RETAIL COMMERICIAL P &I - PUBLIC & INSTITUTIONAL 8. SURROUNDING GENERAL PLAN DESIGNATION: NORTH: PC COMM ERCIAUBUSINESSSOUTH: PC COMMERCIAL /BUSINESS EAST: COMMUNITY COMMERCIAL WEST: HIGH DENSITY RESIDENTIAL COMMUNITY COMMERCIAL PUBLIC /INSTITUTIONAL 9. SITE LAND USE: A. EXISTING: COMMERCIAL B. PROPOSED: COMMERCIAL C. GENERAL PLAN: PC COMMERCIAL /BUSINESS D. ZONING: FSSP PROPOSED GP: SAME PROPOSED ZONING: SAME DEVELOPMENT FACTS: 10. TENANT SPACE: 11,000 S.F. RETAIL AREA: 3180 S.F. DONATION AREA: 1,920 S.F. 11. EXTERIOR IMPROVEMENTS: RELOCATION OF MAN DOOR AND INSTALLATION OF NEW 8'X 10' ROLL -UP DOOR AT THE REAR OF THE BUILDING. ATTACHMENT C SUBMITTED PLANS SISG-09LZ6 `d7 NIlSfLL 1aM 151 -Lsva O-COG '� ': a 3 *�" ; , €° iN3W9AO *6dWI 1NVN31 NOr1�IiN1 w� A1NnOD 3E)N"O AO ; � N G1r=rc -OQLZb `d ? 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DEB gg R �g € ' d$Y `,tl d e<. tl c�S <� �. a v gt�a ➢ R 9 Y 3$ tl Ya yg{9i `�6} '� {y pR Y � j §I a tl4 <y �9p ��� ~� tlt4 d QS $ ' 3 � � 4itl � �g ! � e �Y °dd/ W ggeyy e{ aa 3 QQ dip S 0 � $yy R FQ ° I-- U a4 w p C IVONR �� i1 �E f .gg E �Egg kk Ins 3 � HIM t 6 4R5i �$ 9 9 � �e� E Yj � � �� i� 8 @yj }pad 3Qtl�gyk �� At o i 3 i d h ",Q� <� � �3 � �p� Aga 3 tltl �qqx� y� Y1 E _ B �Y aY" _ H,� .c8' it a8 a8 &9 v , , I I GIGG-09LE1. vs) 'NuGru L', A" � -LGva 3-COG 1N2H2AONJH1 INVN21 NONMNI ZD u�a Z-6 101 111.! it I kLNnOD 39NV'JO =10 7 U- Z (L ' SD 1-LSnCC-M 11D All 0009 HN 62 0 g fi ki w 61 1P I Ig q0. . Mp Z i I In �fi d I (D c 0 e 4 i 2 YA ilu flu Igo k \ O 00 0 00 O GIGG-091-Zb VV 'N116(LL Us'E :• K = 132!!15 1SI 15`dg 7-COG p Z O 1N3W2AONc4W1 INVN31 NORd31Nl N O O n o < ` gg� X a,�' S3misnGNI IIIMa00J a W LU Q W . s �d,,, N� �I 6' N' l S V 4aQtQ S z �rZ YI 08 Q. ATTACHMENT D APKJQ. Ai�]7 RIE P NICE GOODS f 111 OT ORANGE 'CO's T JTY 410 North Fairview Sense Ana, CA 92703 �1 @ct ®L�IlC�sp ezade?1ce voice; 714.5476301 try /tdd; 714.543.1873 fax: 714.541.6531 ocgoodwill.org Date.; Aucqust 22, 2012 shopgoodwill.com To: Ryan Swiontek, O ty of Tustin Applicant Response to Po,�entU Conditions of A, p roval - Goodwill Retail Store - UO 2012 -03 & CUP 2012 - 09 Per our conversation, we were concerned about some of the language cantcained /missing from the proposed use restrictions. Please see potential revisions intended for clarity we would like submitted. Uss fzs°iTiz;eNon 2,� s°ua°7Ss: ". -No storage or drop off of goods is permitted outside of the store, This seems to restrict the use of a donation drop'O a completely, Wed Dike to suggest revising it to sta S. All donations shall occur at the rear of the building in the location designated on the site plan. All donation items shall be required to be stored within the building at all times. No .storage of dropped off goods is perrnitted outside of the store. US2 res ricti ©n �,7 sN -Ves, "The donation area shall not be visi'ale from the exterior of the bmiUng." This seems -to restrict the use of a donation drop off completely. Wed Wke to suggest revising it to state: Donations shall not be risible at the exterior of the ,building and the area designated as "donation drop- off crea' on the site plan shall be kept clean and clear of any stored donated items U'3 2.9 Tta`7ES' ".-The applicant and property owner shall assume full responsibility for clean -up of litter, refuse, and debris on or within 500 feet of The property." Goodwill stores and donation centers provide a positive impact and generally improve the overall security and cleanliness and typically a substantial reduction in graffitilvandalism of our, and the adjacent areas due to our employees and oversight of these areas However a 500 foot radius would essentially include the entire shopping center and we would like to suggest reducing the radius of 600dwiM5 responsibility to include all of C-oodwil %s rear parking field, trash enclosure, the back of adjacent areca and 6oadwil%s storefront, walkway, planters and front parking stalls Sincerely, z n,sv�aCndy ���u - Zhu ACHMENT E 1P�� ,9-KJC ZMMENT &Montek, Ryan Fr0M. Vaughn Edewards [Vaughn @aciinsure.com] SynLs; Wednesday, August 22, 2012 4:33 PM To- Swiontek, Ryan SubjSCR. use Determination 2012 -03 & Conditiona0 use Permit 2012 -09- Goodwill Thrift Store Mr. Swiontek; I oppose the Conditional Use Permit 2012 -09- Goodwill Thrift Store at 502 E. First St„ Tustin. As I understand it the city has a pion delineated for this area which would not include this type of retail establishment. Please do not approve this Conditional Use Permit it is not in the best interest of this community. Thank you, Vaughn Edewards President i w Broker. Inc vauahn @aciinsure.com 505' E. First St, Ste. E Tustin, CA 92780 O, 714.755.1575 X22 F. 71 4.352.372.5 L.D. 866.440.2996 uA E u RESOLUTION NO. 4200 RESOLUTION NO. 4200 A RESOLUTION OF THE PIANNIiNG COMMISSION OF THE CITY OF TUSTIN, APPROVING USE UE T ERN]INATION 2012 - 03 TO ALLMAf A THRIFT STORE W, ITH 'C OVATION AREA AS A CONDITIONALLY PERMITTED USE �JATHfiNl THE COMMERCIAL. LAND USE DESIGNA T IOI\iS OF THE FIRST STREET SPECIFIC PLAN. The Planning Commission does hereby resolve as follows: The Planning Commission finds and determines as follows: A. A proper application for Use Determination 2012- 03 was filed by Randy Taylor of GoodljAiill Industries of Orange County requesting authorization to establish a thrift store with donation area as a conditionally permitted use within the commercial land use designations of the First Street Specific Plan. B. The proposed use is not listed as a permitted, conditionally permitted, or prohibited use within the First Street Specific Plan. Therefore, a Use Determination is necessary to decide if the proposed use would be permitted, conditionally permitted, or prohibited in the First Street Specific Plan. C. That a public hearing was duly calied, noticed, and held for Use Determination 2012 -03 in conjunction ?Aiith Conditional Use Permit 2012 -09 on August 23, 2012, by the Planning 'Commission. U, That approval of Use Determination 2012 -33 to allow for a thrift store with donation area as a conditionally permitted use within the commercial land use designations of she First Street Specific Plan can be supported by the following findings: 1 a Thrift stores with donation areas and secondhand sales are conditionally permitted in other commercial districts within the City. 2) The primary use of a thrift store with donation area is retail sales. The donation area would be an ancillary use to the retail component. No traffic impacts are anticipated to result from the Proposed use as it is a primariiy retail use located in a commercial eland use designation. 3) Due to the potential for nuisance associated with a donation area, it is appropriate to require approval of a conditional use permit to ensure proper operation and maintenance of the facilities. Resolution 4200 UD 2012 -03 Page 2 4) The proposed use xould be considered on a case-by-case basis and subject to the conditional use permit process and public noticing requirements. Projects 'v�iould be conditioned to ensure that there mould be no adverse impacts on the eAstin0 neighborhoods. E. That the proposed Use Determination is e 'xempt from environmental revie?A,7 under the California Environmental Quality Act (" CEQA ") pursuant to Section 15001(b)(3) of the California Code of Regulations Title 14, Chapter 3 (Guidelines for the California Environmental QualRy Act). There is no ,;possibility that the proposed Use Determination may have a significant effect on the environment, therefore the activity is not subject to CC QA. H. The Planning Commission hereby approves Use Determination 2012-03 to allow a thrift store N,Mh donation area as a conditionally permitted use within the commercial land use designations of the First Street Specific Plan. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 28h day of August, 2012. Chairperson ELIZABETH A. BINSAC'K Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Elizabeth A. Binsack, the undersigned, hereby cortify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4200 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 28th day of August, 2012. ELIZABETH A. BINSAC'K Planning Commission Secretary ATTACHMENT G RESOLUTION NO. 6V o 1 RESOLUTION NO. ,4201 A RESOLUTION OF T; IC PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CCN;GIT OVAL USE PERMIT 20112 -09 AUTHORIZING THE ESTABLISC=BNIEC\9T AND OPErRATION OF A THRIFT STORE WITH DONATION AREA LOCATED AT 502 F. FIRST STREET, UNIT C. The Planning Commission does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That a proper application for Conditional Use Permit 2012 -09 was filed by 'Randy Taylor of Goodwill Industries of Orange County requesting authorization to establish a thrift store with donation area located within an existing 11,000 square foot tenant space located at 502 E. First Street, Unit C. B. That the First Street Specific plan and the Planned Community Commercial/Business 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 Cub- element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Cub- elemont. C. That a public hearing was duly called, noticed, and held for Conditional Use Permit 2012 -09 in conjunction with Use Determination 2012 -00 on August 28, 2012, by the Planning Commission. L0. That the Planning Commission adopted Resolution No. 4200, approving Use Determination 2052 -03 to allow thrift stores with donation areas as a conditionally permitted use within the commercial land use designations of the First Street Specific Plan. 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, rnorals, 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 thrift store with donation area would be located within an established shopping center and is compatible with the other retail stores in the center. 2) The proposed hours of operation from 9:00 a.m. to 9:00 p.m. are consistent with other uses within Lharwin Square shopping center. ResoLition No. 4201 Page 2 3 j The primary use of the business would be retail sales of new and used merchandise with ancillary collection of donated goods. 41 As conditioned, Conditional Use Permit 2011 2 -09 may be reviewed on an anneal basis, or more often if necessary, by the Community Development Director. if the use is not operated in accordance with Conditional Use Permit 2012-02 or is found to be a nuisance or negative impacts are affecting the surrounding uses, the !community Development Director would have the authority to impose additional conditions to eliminate the nuisance or negative impacts or may initiate proceedingsto revoke the Conditional Use Permit. 5) The implementation /application of the proposed conditions would ensure compatibility of the proposed thrift store accepting donations with the surrounding uses and the Tustin City Code. 6) The proposed use is a reputable business wKh over eighty seven (87) years of experience operating in Orange County. O. This project is Categorically Exempt pursuant to Section 15301, Class I of the California Code of Regulations (Guidelines for the California Environmental Quality Act). lL The Planning Commission hereby approves Conditional Use Permit 2012 -09 authorizing the establishment and operation of a a thrift store with donation area located within an existing 11,000 square foot tenant space located at 502 E. First Street, Unit C subject to the conditions contained within Exhibit A attached hereto. PASSED ARID ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 28th day of August, 2012. Chairperson ELIZABETH A. BINSACK Planning Commission Secretary Rn-s®Mon No. 4201 Page 3 STATE OF CALIFORNIA CITY OF TUS V 'IN � 1, Elizabeth A. B rsack, the undersigned, hereby ccrtfy that I am the Planning Ccrnrnissuon Secretary ®f the Grey of ` ust n, Calffornia9 that Res®Vkn N®. 4201 � ,vas duly passed and adopted at a regular meedng of the Tustin Planning Commission, held on the 28th day of August, 2012. ELIZABETH A. BINSACK Planning CcrnrnIssi ®n Secretary RESOLUTION NO.42CI CONDITIONAL USE PERMIT 2012 -DO CONDITIONS OF APPROVAL GENERAL Q�) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped August 28, 2012, on tine 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 F such modifications are consistent with provisions of the Tustin City Code. Q�l) 1o2 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. Q� 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 it a written request is received by the Community Development Department within thirty (30) days prior to expiration. Q`I) 1.4 Approval of Conditional Use Permit 2012 -09 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)o� This condition shall serve as a precitation and to inform the responsible person(s) of the compliance requirements pursuant to the Tustin City Code (TCC) and /or other applicable codes, laws, and conditions. Failure to comply with the conditions of approval set forth herein shall result in the issuance of an administrative citation pursuant to TCC 1162(a). The City may also take further legal action including issuing the responsible person(s) a criminal citation and /or abating the violation(s) with the cost of such abatement and /or prosecution assessed against the responsible person(s), the property owner(s), and /or the property as a lien. SOURCE CODES Q1) STANDARD CONDITION Q6) RESPONSIBLE AGENCY REQUIREMENT Q2) CZ-QA MITIGATION (6) LANDSCAPING GUIDELINES Q3) UNIFORM BUILDING CODE /S (7) PC /CC POLICY Q4) DESIGN REVIEW * ** EXCEPTION Exhibit A Resolution No. 42011 CUP 2011 2 -09 Page 2 10) 1.13 Conditional Use Permit 2012 -09 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 2012 -09, 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. Q� `l �7 If in the future the City's Community Development Director, Police Chief, and /or Public V9orks 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 applicant prepare a parking demand analysis, traffic study, or noise analysis and the applicant shall bear all associated costs. If said study indicates that there is inadequate parking or a traffic or noise problem, the applicant 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 following: (a) Adjust hours of operation. (b) Reduce and /or eliminate donation collection. (c) Provide additional parking. Q`l 1 o As a condition of approval of Conditional Use Permit 2012-09, the applicant shall agree, at its sole cost and e 'xpenss, 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. Exhibit A VRosdution No. 4201 CUP 2012 -09 Page 3 10@ 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 All business activity, sales, displays or other business activities related to 'the thrift store shall be conducted entirely within the subject building. (1) 2.2 No outdoor storage shall be permitted except as approved by the Director of Community Development. (1) 2.3 All donations shall occur at the rear of the building in the location designated on the site plan. All donation Rams shall be required to be stored within the building at all times. No storage or drop off of goods is permitted outside of the store. (7 2.4 Donations may only be accepted during regular business hours. An employee of the business shall staff the donation area at all times during regular business hours. (1) 2.5 The applicant shall provide signage at the front and rear of the building identifying the hours of operation, indicating that donations will only be accepted during regular business hours, and that no donations shall be left outside the store. (1) 2,5 The applicant and property oAnor shall provide a 24 --hour point of contact responsible for maintenance of the site and removal of any materials left outside of the building. (1) 2.7 The donation area shall not be visible fro the exterior of the building. (1) 2.8 The business activities shall not operate in such a mannor that would impact any traffic lanes, cause back up (queuing) of vehicles into the public right -of -way, or create any unsafe conditions. 2.2 Any litter on4te or within the public right -of -way attributable to this use shall be removed on a daily basis. The applicant and property owner shall assume full responsibility for clean up of litter, refuse, and debris within the shopping center and adjacent public right -of -way. (1) 2�ID Tenant signage shall comply with the approved master sign program, for the LaTwin Square shopping center. Exhibit A Resolution No. 4203 CUP 2032 -09 Page 4 `I 2031 Prior to engagin0 in secondhand sales, the applicant shall obtain a valid secondhand dealer permit pursuant to Section 0521 of the Tustin City Code. JILL DIVISION Q1) 3.1 Tenant improvements shall comply with the current Tustin City code and shall be designed by registered professionals. The applicant shall submit plans for plan check and obtain permits. JFE E 5 Q19 6) 4,1 VA9ithin 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 fort/ -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.