HomeMy WebLinkAbout02 APPEAL OF PC'S USE DETERMINATION 2012-03 & CUP 2012-09 - GOODWILL INDUSTRIESAgenda Item 2
RevA E DA REPOR SCC City wed:
City Manager
Finance Director P/A
k4E ETI N G DATE: OCTOBER 2, 2012
TO: CITY COUNCIL
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: APPEAL OF THE PLANNING COMMISSION'S DECISIOj'\9 TO ,APPROVE
USE DETERMINATION 2012-03 , CONDITIONAL USE PERMIT 2012-02
PROPERTY OWNER:
PK II Lanmin Square SC UP
23 Mauchly, Suite 100
Irfine, CA 92616
SUMMARY:
APPLICANT:
Goodwill Industries of Orange County
410 Fairviev,7 Street
Santa Ana, CA 92703
Use Determination 2012-03 and Conditional Use Permit 2012-09 are requests by
Goodwill Industries of Orange County to eSt2bflsh and operate a retail store selling n-miki
and previously used goods and ciothingAith ancillary donation area within an existing
tenant space located at 502 E. First Street, Unit C in the Larwin Square shopping
center.
On August 23, 2012, the City of Tustin Planning Commission adopted Resolution Dios.
4200 and 4201 approving Use Determination 2012-03 and Conditional Use Permit
2012-00. On September A, 2012, the City Clea received an appeal of Use
Determination 2012-03 and Conditional Use Permit 2012-00 which was filed by Tustin
City Councilmernber Gaveilo due to concerns regarding the location �Attachrnent H).
The appeal hearing is de novo.
R ECOMMENDA T IOl"\9:
That the City Council:
Adopt Resolution No. 12-65, approving Use Determination 2012-03 to allow retail
stores selling new and previously used goods and clothing A�vith ancillary donation
areas as a conditionally permitted use within the commercial land use
designations of the First Street Specific !Plan.
CC Report
October 2, 2012
Appoa� of UD 2012-03 & CUP 2012-09
Page 2
2. Adopt Resolution No. 12,86, approving Conditional Use Permit 2012-09 to
establish a Goodaiikiill retail sere selling nes;,� and previously used goods and
clothing �jAjith ancillary donation area located at 502 E. First Street.
RISCAL WPACT:
The applicant has paid the applicable application fees.
ENVIRONMENTAL:
This project is Categorically Exempt pursuant to Section 15301 (Mass 1) of the California
Environmental Quality Act (CEQA).
APPROVAL AUTHORITY:
The proposed retail store selling new and previously used goods and clothing with
ancillary donation area is not specifically identified as a permitted or conditionally
permitted use within the First Street Specific Man (FSSP). As such, a use determination
and conditional use permit have been submitted for concurrent review.
Sections III.D.1.a.3) and III.D.2.a.3) of the FSSP give the Planning Commission the
authority to determine if unlisted uses are consistent with 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.
Pursuant to Section 9294c of the Tustin City Code, any decision of the Planning
Commission may be set for public hearing a'I the request of a member of the City
Council. The hearing shall be de novo and the City Council may approve, approve with
conditions, or disapprove the matter in accordance with the Tustin City Code or remand
the matter 'to the Planning Commission -for further proceedings in accordance with
directions of the City Council. A decision of the City Council at the conclusion of the
public hearing shall be final.
(BACKGROUND:
Site and Su rounding
The project site is located within the First Street Specific Plan zoning district. Within the
FSSP, the project site is designated for commercial as a primary use which allows for a
variety of retail and service commercial uses. The specific tenant space is located
within the Larwin Square shopping center. Surrounding uses of the tenant space and
Larwin Square as a whole are commercial in nature with the exception of an apartment
complex to the west of the center located at 2nd Street and Centennial Way.
CC Report
October 2, 2012
Appeal of UD 2012-03 & CUP 2012-09
Page 3
USE DETERMINATION:
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. Accordingly, a Use Determination is necessary to decide if retail stores
selling new and previously used goods and clothing with ancillary donation area would
be permitted, conditionally permitted or prohibited in the commercial land use
designations of the FSSP. When determining whether a use is similar in character to
the particular uses allowed in the district, the City Council should consider the following
criteria outlined in Section 9298b of the Tustin City Code:
1) Effect upon the public health, safety and general welfare 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 City at large,
in regard to the general planning of the whole community.
Conditional Use Permits were previously approved for other establishments to operate
retail stores with secondhand sales (thrift stores) and donation areas within
commercially zoned districts such as the Assistance League of Tustin and the Alliance
for the Mentally III of Orange County. Due to the nature of the proposed use, a
Conditional Use Permit would be necessary to ensure that the use would operate free of
nuisances.
CC Report
October 2, 2012
Appeal of UD 2012-03 & CUP 2012-09
Page 4
An approval of Use Determination 2012-03 can be supported by the following findings:
1) Existing retail stores selling previously used goods and clothing with ancillary
donation areas have been conditionally permitted in other commercial districts
within the City.
2) The primary use of the proposed retail store selling new and previously used
goods and clothing with ancillary 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 primarily retail use located in
a commercial land 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.
4) The proposed use would be considered on a case-by-case basis and subject to
the conditional use permit process and public noticing requirements. Projects
would be conditioned to ensure that there would be no adverse impacts on the
existing neighborhoods.
CONDITIONAL USE PERMIT:
Goodwill Industries of Orange County (GIOC) is a nonprofit 501(c)(3) organization
which provides services for people with disabilities and other barriers in the community.
GIOC was established in 1924 and serves over 1.9 million customers annually at their
stores throughout Orange County. In 2011, GIOC employed more than 1,600 people.
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
items similar to a Ross, T.J. Maxx, or Nordstrom Rack store. New merchandise will
comprise twenty percent (20%) of store sales.
GIOC is proposing tenant improvements to the existing 11,000 square foot tenant space
which will include an 8,180 square foot open retail space with the remaining space
devoted to operations and donation processing (Attachment C). The proposed donation
area would comprise 1,920 square feet and be located at the rear of the building. A
new eight (8) foot wide by ten (10) foot high roll up door is proposed along the rear wall
of the building, fronting Centennial Way. The roll -up door would provide access to the
donation area and serve as the collection point. The new roll up door would also result
in the re -location of a man door along the same elevation. Both doors would be painted
to match the building.
CC Report
October 2, 2012
Appeal of UD 2012-03 & CUP 2012-09
Page 5
Proposed Floor Plan
In order to mitigate potential nuisances associated with the operation of a donation
center, staff has included a number of potential conditions of approval in Resolution No.
12-86 (Attachment 1) for consideration by the City Council. 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 full 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
view 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 visible along Centennial Way as well as close to
high density residential uses across the street. The tenant (GIOC) and the property
owner would be responsible for the timely maintenance of the property and subject to
the administrative citation process (Condition Nos. 2.6 and 2.9). Further, as noted in
Condition No. 1.5, approval of Conditional Use Permit 2012-09 serves as a precitation
notice so if any conditions of approval are violated fines may be assessed by means of
CC Report
October 2, 2012
Appeal of UD 2012-03 & CUP 2012-09
Page 6
an administrative citation as follows: $100.00 for a first violation; $200.00 for a second
violation of the same ordinance or permit within one year of the first violation; or
$500.00 for a third or any further violation of the same ordinance or permit within one
year of the first violation. In the event of non-compliance with any conditions of
approval, Conditional Use Permit 2012-09 may be reviewed and/or revoked.
2
Existing
Proposed
At the August 28, 2012, public hearing before the Planning Commission the applicant
informed the Commissioners that GIOC operates a sweep crew during the evening
hours to look for donations left outside the store. The sweep crew visits each location
once during the evening after store hours. This would provide additional policing of the
shopping center from what is currently provided. The applicant also noted that
unwanted donated goods are not disposed of at the store, but rather collected and
disposed of at the main collection/distribution facility. None of the donated goods at the
store location are brought onto the sales floor. All donated items are sorted and then
sent to the main collection/distribution center for processing.
Hours of Operation and Parking
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. There are parking stalls as well
as a drive 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-way.
APPEAL:
The appeal of Use Determination 2012-03 and Conditional Use Permit 2012-09 made
reference to the location of the proposed facility as the basis for appeal. As previously
mentioned in the staff report, Use Determination 2012-03 would apply to the commercial
CC Report
October 2, 2012
Appeal of UD 2012-03 & CUP 2012-09
Page 7
land use designations of the FSSP. This would include the commercial as primary and
commercial as secondary land use designations within the FSSP. Conditional Use
Permit 2012-09 is specific to the tenant space location of the Goodwill retail store selling
new and previously used goods and clothing with ancillary donation area located at 502
E. First Street, Unit C within the Larwin Square shopping center. Larwin Square is a
large retail center with over 200,000 square feet of retail floor area.
The establishment of a retail store selling new and previously used goods and clothing
with ancillary donation area within a commercial district or at the specific location within
Larwin Square is consistent with other previously approved similar facilities in the City.
The primary use of these businesses remains as retail which is a permitted use in
commercially zoned districts. The donation component is to be ancillary to the primary
retail sales. The requirement of a Conditional Use Permit for each proposed retail store
selling new and previously used goods and clothing with ancillary donation area would
allow for conditions and mitigation measures to prevent potential nuisances and allow
for future revocation if the business is not operated in accordance with the conditions of
approval.
There are numerous retail businesses within the City that buy and sell used goods, and
maintain a primary use of retail sales. Antique stores throughout the City are located in
commercial districts as well as furniture stores which sell used furniture. Many
electronic stores, in particular those specializing in video game sales, buy, sell and
trade used games and consoles. Used video and music sales are also very common in
retail establishments. The only defining difference between the proposed Goodwill
business is the charitable donation versus cash or trade-in value for goods received.
Public Comment
Four (4) public comments regarding the proposed project were received via email and mail
(Attachment E). Any public comments received after the printing of this staff report will be
made available at the October 2, 2012, public hearing before the City Council.
1WHITMOM
In determining whether to approve the Conditional Use Permit for the proposed retail
store selling new and previously used goods and clothing with ancillary donation area,
the City Council must determine whether 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 the following findings:
1) The proposed retail store selling new and previously used goods and clothing
with ancillary donation area would be located within an established shopping
center and is compatible with the other retail stores in the center.
CC Report
October 2, 2012
Appeal of UID 2012-03 & CUP 2012-09
Page 3
2) The proposed hours of operation from 2:00 a.m. to 9:0o p.m. are consistent ljv'th
other uses vfihin Lamjin Square shopping center.
3) The primary use of the business would be retail sales of neAjAi and used
merchandise u,jith ancillarj collection of donated goods.
4) As conditioned, Conditional Use Permit 2012-09 may be reviewed on an annual
basis, or more often i°u necessary, by the Community Development Director. H 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 addiltional
conditions to eliminate the nuisance or negadve. impacts or may initiate proceedings
to revoke the Conditional Use Permit.
5) The implementation/application of the proposed conditions would erasure
compatibility of the proposed retail sore accepting donations lyljith the surrounding
uses and the Tustin City Code.
6) The proposed use is a reputable business with over eighty seven (87) years of
experience operating in Orange County.
Ryaniontek1 Elizabeth A. Binsack
Associa a Planner Community Development Director
Attachments:
A.
Location Map
B.
Land Use Fact Sheet
C.
Submitted Plans
D.
Applicant Response
E.
Public Comment
F.
Planning Commission Minutes
G.
Planning Resolution Nos. 4200 and /4201
H.
Appeal Request
I.
City Council Resolution Nos. 12-85 and 12-85
ATTACHMENT A
LOCATION MAP
LOCATION MAP
UD 2012-03 & CUP 2012-09:
502 E. FIRST STREET
L PROJECT SITE
I Sl �t T il.�l I
O
0 of
u°°$
FIRST STREET
r. L OU N I • 1-U KL,L UM
ATTACHMENT B
LAND USE FACT SHEET
LAND USE APPLICATION FACT SHEET
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. 1s' 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: RESIDENTIAUCOMMERCIAUPUBLIC & 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 ERCIAUBUSINESS SOUTH: PC COMM ERCIAUBUSINESS
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: 8,180 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
Easton daston Pacific Construction Cimoany
Pacific A Division of E.P.C.C. Inc.
1900 E. Warner Ave., Suite M, Santa Ana, CA 92705
(949) 223-5090 • Fax: (949) 223-5099 - License #713525
PROPOSED GOODWILL LARWIN SQUARE TUSTIN
RECEIVED
Date: June 20, 2012 'JUL 1 Ji 2012
To: The City of Tustin COMMUNITY D
EVEL4r iWl:11J j
BY:
Project: Threads Boutique by Goodwill Industries of Orange County (GIOC)
(a California, non profit corporation)
Larwin Square, Tustin
Project Contact: Mike Easton, EPCC, Inc. (949) 223-5090 meastonca�eastonpacific. com
Statement of use:
Primary use of the subject property is retail sales of new and previously used goods and clothing to the
general public, incorporating fresh stylish d6cor and product offerings. Threads Boutique Retail concept
will feature a mix of merchandise chosen to attract shoppers focused on high fashion and eco -chic
decorating items similar to Ross, TJ Max, or Nordstrom Rack concepts, this new concept store represents
Goodwill's continued commitment to creating and maintaining upscale retail store operations for all of our
locations throughout Orange County which all include collection of donated goods and clothing as an
essential ancillary use.
CUP Application Purpose
Approval of this CUP is respectfully requested for the operation of attended donation collection through
the rear of our new retail store.
Goodwill of Orange County has earned a reputation as a leader in the retail discount store industry. All of
our stores and donation sites are kept clean and are professionally operated and maintained.
The donation area, located at the rear of the store (existing) receiving area is attended by full time trained
employees who also police and maintain the areas surrounding our store. Goodwill stores and donation
centers provide a positive impact and generally improve the overall security and cleanliness and typically
a substantial reduction in graffiti/vandalism of our, and the adjacent areas due to our employees and
oversight of these areas. No storage or drop off of goods is permitted outside of the store.
New merchandise comprises 20% of store sales, providing shoppers with a large and varied selection of
available products, including clothing, home d6cor, electronics and other retail products.
Description of Proiect:
An upscale complete interior renovation of the existing retail store will be completed which will
significantly improve the appearance and title 24 accessibility.
Goodwill Retail Store- proposed hours of operation and staffing
Store hours from 9am to 9pm daily.
Our stores normally employ 12 full time employees and 6 part time employees, which may vary
dependent upon volume.
Goodwill will continue to provide community based employment; support and services for challenged
individuals through the numerous programs offered and funded by the continued operation of this and
other GIOC retail stores and donation centers.
Page 1 of 2
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» Goodwill Industries ofOrange County was established in1924.
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Goodwill stores are destination points for shoppers, serving as affective anchors for larger
shopping complexes and attracting customers from the local area.
* Over 1.9 million customers purchase merchandise at Goodwill stores in Orange County annually.
• |n2O11.Goodwill Industries ofOrange County's 21 retail stores generated $34million m
revenue.
* Goodwill Industries ofOrange County's retail revenues also fund vocational programs. in 2011
Goodwill served over 8.GD0peopkswith disabilities. '
* Goodwill isone ofthe top 1Omost recognized brands inthe world.
* Goodwill's net assets are over $22million.
v The fresh, stylish d6cor of the proposed renovated Goodwill store will offer a pleasant shopping
environment similar bo large chain department stores.
° New merchandise comprises 20% of store sales, providing shoppers with a large and varied
selection ofavailable products.
° Customers are from middle-income households.
° Customers are primarily women with families, 25-44years ofage.
° Oisdnguishingitselffnzmamongdhe175aubonomouaGoodwiUorgonizobonoUhroughoutNorth
America, Goodwill Industries ofOrange County improud hooffer anompebUvo highqua|�v
shoppingexperience that suits the expeote�oms and discerning tastes ofth -Orange County^
0 Goodwill Industries of Orange County employed more than 1,600 people in 2011.
The mission clGo= is�,.c) provide people with disabilities and other barriers the opportunity to
achieve tlhe�T highest levels of personal and economic independence.
Respectfully submitted onbehalf ofGoodwill Industries ofOrange County,
Mike Easton,
MMW5�
Threads is a new boutique store
concept designed to go beyond -
Goodwill's proven model to appeal
to a general sense of lifestyle that 5
appeals to a segment ofshoppers
on the hunt for unique clothing,
accessories and decor.
Threads will feature a mix of$�
merchandise chosen to attract ,
shoppers focused on vintage, high
fashion and eco -chic decorating
items.
THREADS BOUTIQUE BY GOODWILL INDUSTRIES OF ORANGE COUN rY �� �� ������
EASTONPACIF,C
502-0 BAST -Il ST STREET
CUP PLANNING SUBMITTAL FOR RETAIL STORE / DONATION CENTER `AUSTIN, CA 92780-3313
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MECHANICAL(VENTILATION) NOTES
PROJECT TEAM
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ATTACHMENT D
APPLICANT RESPONSE
GOODWILL OF ORANGE COUNTY
410 North Fairview
The Face of Independence
Sarva Ana, CA 92703
.ice 714.547.6301
try/tdd- 714.543.1873
E.: 714.541.6531
0cg00dwd1.0rg
Date: August 22, 2012
shopgoodwill.com
To: Ryan Swiontek, City of Tustin
Applicant Response to Potential Conditions of Approval - Goodwill Retail Store - UD 2012-03
& CUP 2012-09
Per our conversation, we were concerned about some of the language contained/missing from the
proposed use restrictions. Please see potential revisions intended for clarity we would like
submitted.
Use restriction 2.3 states:
"...No storage or drop off of goods is permitted outside of the store."
This seems to restrict the use of a donation drop off completely. Wed like to suggest revising it to
state:
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
offgoods is permitted outside of the store.
Use restriction 2.7 states:
'The donation area shall not be visible from the exterior of the building."
This seems to restrict the use of a donation drop off completely. We'd like to suggest revising it to
state:
Donations shall not be visible at the exterior of the building and the area designated as donation
drop-off area' on the site plan shall be kept clean and clear of any stored donated items
Use restriction 2.9 states:
"...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 graffiti/vandalism 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
600dwill'5 responsibility to include all of 600dwills rear parking field, trash enclosure, the back of
adjacent areas and 600dwills storefront, walkway, planters and front parking stalls
Sincerely,
Randy Tayl
E74 r"
ATTACHMENT E
PUBLIC COMMENTS
From: Ian Carter [mailto:carterco@cox.net]
Sent: Tuesday, August 28, 2012 9:47 AM
To: Swiontek, Ryan
Subject: RE: Test Email
Dear Mr. Swiontek:
Please consider this my objection to the City of Tustin considering issuing a conditional use permit to
allow a Goodwill Thrift Store to be located in Larwin Square. This use is not included as a compatible use
with the First Street Specific Plan. A thrift store with a donation area is not compatible with the rest of
the office and retail space within this zoning area. In reviewing the Goodwill Thrift Stores website within
Smiles of this site (Larwin Square) there are located at least four other Goodwill Thrift Stores. Itis hard
to imagine why this site is required when within so short a distance so many other Goodwill Thrift Stores
arelocated.
The nature of the proposed use downgrades the area which is predominately office buildings. If one
reads the First Street Specific Plan that stretches from the 55 Freeway all the way down 1" Street and
Irvine Blvd it is very clear that corridor was set up primarily to house the majority of office complexes in
the area. As an owner of eight separate condominium office units within Wellington Plaza I object to
this use being considered and all of my tenants also object. I make a separate objection as a member of
the Board of Directors of the Wellington Plaza Association. A thrift store collection area has no place
within this area. It takes away from those tenants and owners already in place.
Wellington Plaza has had difficulty policing its office complex with undesirable individuals coming into
the complex. Our building has been broken into on at least two separate occasions and computers and
miscellaneous items stolen. The police are hard pressed to stop such incidents. The city can help by
not allowing incompatible uses in this zoning area which will have the effect of bringing an element into
the area surrounding our office spaces. Those who originally set up the compatible uses left out a thrift
store collection area for a very good reason. Please insure the Planning Commission is aware of my
objections and they are made a part of the record. Thank You.
Respectfully Submitted
Ian Carter
Office Owner, Tustin FSSP
From: Jeff Gallagher [mailto:ocpd44Cabgmail.com]
Sent: Sunday, August 26, 2012 4:54 PM
To: City Clerk; Binsack, Elizabeth
Subject: Letter of Support for Goodwill Industries CUP Application
Dear City Clerk and Ms. Binsack
I am not sure who this should go to in regard to making sure it is transmitted to members of the
Planning Commission, so I have sent it to both of you.
This letter is in reference to the upcoming Conditional Use Permit application made by Goodwill
Industries of Orange County. The agenda item is number 5.
My family and I fully support the applciation for the Conditional Use Permit (CUP) of Goodwill to
establish a retail store and donation drop-off in the Larwin Square shopping center. Goodwill Industries
is an excellent community partner that provides jobs and futures for individuals who would not
otherwise have a chance. Because of them, their clients thrive as independent adults rather than as
burdens on the communitiy.
The thrift store, while not a permitted use, is in keeping with the shopping center's current and past
tenants which include dress shops and other retail storefronts. Our family shops at Goodwill and often
find rare treasures that could not be found elswhere. And, it goes without saying, Larwin Square could
use stable tenants such as Goodwill in these tight financial times.
We urge the Planning Commission to approve this CUP.
Regards,
Jeff "Hollywood" Gallagher KB6SUP
Sgt. E-4 USAF'72-'76
Honorably Discharged, Honored to Serve
www.ourtowntustin.com
714-206-6398
"Politics is supposed to be the second -oldest profession. I have come to realize that it bears a striking
resemblance to the first." - Ronald Reagan
From: Vaughn Edewards [mailto:Vaughn@aciinsure.com]
Sent: Wednesday, August 22, 2012 4:33 PM
To: Swiontek, Ryan
Subject: Use Determination 2012-03 & Conditional 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 plan 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
AwCommercial insurance Broker. Inc
vauahn@aciinsure com
505 E. First St. Ste, E
Tustin, CA 92780
O. 714 755 1575 X22
F. 714 352.3725
L D 866 440.2996
FAX (619) 263-2995
PHONE (619)234-7966
LICENSE 169-983
4"11
FOUNDED 1956�.,..3200 HIGHLAND AVENUE
September 24, 2012
City Clerk &
Community Development Department
City of Tustin
300 Centennial Way
Tustin, CA 92780
RE: Support for, Conditional Use Permit 2012-09, 502 East First Street, Goodwill
Dear Sirs:
This letter serves as our support of the CUP for Goodwill. We own the property across the
street at 535 East First Street.
Goodwill is an excellent organization providing jobs for people with disabilities while providing
customers with a positive shopping experience by providing a clean store and well priced
items. We are looking forward to having them as neighbors.
Sincerely,
/At mic_Investments, Inc.
Philip Thy
President
F:\Aldata\PROPERTY\P13legalNotices\Atomic Support GoodWilimpd
ATTACHMENT F
PLANNING COMMISSION MINUTES OF AUGUST 28, 2012
MINUTES
REGULAR MEETING
TUSTIN PLANNING COMMISSION
AUGUST 28, 2012
7:00 p.m. CALL TO ORDER: 7:00 p.m.
Given INVOCATION/PLEDGE OF ALLEGIANCE:
Chair Pro Tem Kozak
ROLL CALL:
Present: Chair Pro Tem Kozak
Commissioners Eckman, Thompson, Moore
Staff Present Elizabeth A. Binsack, Director of Community Development
Dana L. Ogdon, Assistant Director of Community Development
Justina Willkom, Principal Planner
Scott Reekstin, Senior Planner
Ryan Swiontek, Associate Planner
Edmelynne Hutter, Associate Planner
Adrianne DiLeva, Recording Secretary
Chair: Kozak 1. PLANNING COMMISSION REORGANIZATION.
Chair Pro Tem: Thompson
At the July 24th Planning Commission meeting,
Chairperson Chuck Puckett announced his intent to run for
a position on the Tustin City Council in the fall elections.
Chair Puckett resigned from his position on the Planning
Commission effective as of the date his campaign papers
were filed with the City Clerk's office. The Planning
Commission will now reorganize, electing a new
Chairperson and Chairperson Pro Tem.
RECOMMENDATION:
That the Planning Commission elect a Chairperson and
Chairperson Pro Tem pursuant to standard procedures.
Motion: It was moved by Thompson to elect Chair Pro Tem Kozak as
Chairperson, seconded by Eckman. Motion carried 4-0.
Motion: It was moved by Moore to elect Commissioner Thompson as Chair
Pro Tem, seconded by Eckman. Motion carried 4-0.
Minutes — Planning Commission August 28, 2012 — Page 1 of 8
Approved
Motion:
Adopted Resolution
No. 4199 as amended
PUBLIC CONCERNS
Chuck Puckett addressed the Commission; offered his
congratulations to Chair Kozak and Chair Pro Tem
Thompson; noted what a pleasure it was serving with the
current Commission; and, stated the City of Tustin is in
good hands under Chair Kozak's leadership along with all
the Commissioners.
CONSENT CALENDAR:
2. APPROVAL OF MINUTES — JULY 24, 2012, PLANNING
COMMISSION.
RECOMMENDATION:
That the Planning Commission approve the minutes of the
July 24, 2012, meeting as provided.
3. COMMERCIAL DESIGN GUIDELINES AND CITY TOUR.
A memo has been transmitted to the Planning Commission
with updates regarding staffs progress on the Commercial
Design Guidelines document, and a status update on the
upcoming City of Tustin tour.
RECOMMENDATION:
That the Planning Commission receive and file the item.
It was moved by Thompson, seconded by Moore, to move the
Consent Calendar. Motion carried 4-0.
PUBLIC HEARINGS:
4. CONDITIONAL USE PERMIT 2012-07 FOR ON-SITE
ALCOHOLIC BEVERAGE SALES (TYPE 41) AT A NEW
RESTAURANT IN AN EXISTING TENANT SPACE.
The proposal is a request to sell beer and wine beverages
for on-site consumption in conjunction with a restaurant
use. In accordance with Tustin City Code, the
establishment of on-site sale alcoholic beverages in
conjunction with a restaurant requires approval of a
Conditional Use Permit and is subject to the City's
Alcoholic Beverage Sales Establishment Guidelines which
provide specific requirements for a bona -fide restaurant
use.
Minutes — Planning Commission August 28, 2012 — Page 2 of 8
APPLICANT: Jong Han Lee (a.k.a. Luke Lee)
L2 Business & Development, Inc.
2655 Burrier Lane
Tustin, CA 92782
PROPERTY
OWNER: Tustin Heights SC LP
1621-B South Melrose Drive
Vista, CA 92081
PROJECT
LOCATION: 1150 Irvine Blvd.
ENVIRONMENTAL:
This project is categorically exempt pursuant to the
California Environmental Quality Act (CEQA) Section
15301, Class 1.
RECOMMENDATION:
That the Planning Commission adopt Resolution No.
4199, approving on-site alcoholic beverage sales (Type
41) in conjunction with a new restaurant business in an
existing 4,290 square -foot tenant space.
Hutter Gave a presentation on the item.
Planning Commission questions included: operating hours of the
restaurant; consistency with other businesses in the center; public
response to the project; and, Tustin Police Department's review of
the project to control for alcohol saturation in the area.
The public hearing opened at 7:16 p.m.
Thomas Kim stepped forward representing the applicant.
Stated the business is looking forward to becoming a part
of the Tustin community, and appreciates the
Commission's consideration of the project.
The public hearing closed at 7:17 p.m.
Eckman Stated that the conditions are sufficient for the project, and is
therefore in favor of supporting the project.
Moore Is in support of the use, and is excited to have the business
coming to Tustin. Inquired about the process if the applicant
wanted to establish live entertainment at the business.
Minutes — Planning Commission August 28, 2012 — Page 3 of 8
Thompson Stated staff has done a great job presenting the background on
the project. Requested modification to condition 2.3 in that if there
is a request to extend the operating hours further, that the
applicant come back to modify the CUP.
Kozak Thanked the applicant and stated the project would be a great
addition to the center. Requested that modifications be made to
condition 2.10 for clarification purposes.
Motion: It was moved by Thompson, seconded by Eckman, to adopt
Resolution No. 4199 as amended. Motion carried 4-0.
Adopted Resolutions 5. USE DETERMINATION 2012-03 AND CONDITIONAL
4200 and 4201 as USE PERMIT 2012-09 TO ESTABLISH A GOODWILL
amended THRIFT STORE WITH DONATION AREA.
Goodwill Industries of Orange County is proposing tenant
improvements to the existing 11,000 square foot tenant
space which will include an 8,180 square foot open retail
space with 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 (8) foot wide by ten (10)
foot high roll up door is proposed along the rear wall of
the building, fronting Centennial Way. The roll -up door
would provide access to the donation area and serve as
the collection point. The new roll up door would also
result in the re -location of a man door along the same
elevation. Both doors would be painted to match the
building.
APPLICANT: Goodwill Industries of OC
410 Fairview Street
Santa Ana, CA 92703
PROPERTY
OWNER: PK II Larwin Square SC LP
23 Mauchley, Suite 100
Irvine. CA 92618
PROJECT
LOCATION: 502 East First Street
Minutes — Planning Commission August 28, 2012 — Page 4 of 8
9
C
ENVIRONMENTAL:
This project is categorically exempt pursuant to section
15301 (Class 1) of the California Environmental Quality Act
(CEQA).
RECOMMENDATION:
That the Planning Commission:
1. Adopt Resolution No. 4200, approving Use
Determination 2012-03 to allow thrift stores with
donation areas as a conditionally permitted use
within the commercial land use designations of the
First Street Specific Plan.
2. Adopt Resolution No. 4201, approving Conditional
Use Permit 2012-09 to establish a Goodwill thrift
store with donation area located at 502 E. First
Street.
Swiontek Gave a presentation on the item.
The Director stated for the record that additional public
comments received after production of the agenda package
were provided to the Commission at the dais.
Chair Kozak confirmed that the Commission received and
reviewed the public comments.
Planning Commission questions included: screening the
donation area; the application's consistency and compatibility
with the First Street Specific Plan updates which are upcoming;
general operations of the donation area; proximity of the trash
enclosure on the property; a parking/traffic control plan; control
of donations after-hours; and, operating hours of donation areas
at other Goodwill locations.
The public hearing opened at 7:44 p.m.
Mike Easton, representing the applicant, stated that he
manages Goodwill projects throughout Orange County,
and that the industry has received positive feedback at
their current locations. Stated they are willing to address
all of the Commission's concerns including ensuring the
back area of the store is kept clean, and the donation
area is properly screened. Mr. Easton explained that the
trash enclosure would be adequate since the store will
Minutes — Planning Commission August 28, 2012 — Page 5 of 8
not dispose of unwanted donations at the location;
rather, they are taken to a regional processing center for
sorting. He added that there will be no permanent trailer
parked at the location to accept donations. Stated they
would not be opposed to a security camera at the back
of the location for further monitoring the area.
Corrine Allen spoke representing the applicant. Ms. Allen
stated that Goodwill Industries would comply with the
City's noise ordinance for drop-off and pick-up of goods
to the location. Ms. Allen elaborated that there is a night
"sweep" of the area's Goodwill locations to pick up any
donations which may have been left after hours. She
added that this location is called "Threads" and promotes
high-end name -brand products, she is excited for the
use to come to the community.
The Director commented that Goodwill Industries should
be permitted to do anything that any other retail facility is
allowed to do, which may include temporary storage at
the site or temporary outdoor retail sales at a reasonable
basis. Noted that the Conditions of Approval serve as a
precitation notice keeping the applicant and property
owner responsible for upholding the conditions.
The public hearing closed at 8:10 p.m.
Moore Requested clarification to condition 1.5 to ensure both the
applicant and property owners are responsible for the Conditions
of Approval serving as a precitation notice. Suggested a
modification to the outdoor signage prohibiting donations from
being left anywhere except being taken inside, as well as
clarifying that the donation area is ancillary to the use.
Eckman Stated his inquiry regarding signage for controlling drop-off to the
donation area was adequately responded to.
Kozak Summarized Commission comments with changes to conditions
1.5 — adding clarification of responsibility of the property owner,
1.7 — adding additional personnel to monitor the site if necessary,
2.1 — modifying a typographical error, 2.2 — indicating no
permanent storage or trailers/bins. Stated based on the
modifications made to the item this evening, that the business will
be compatible.
Minutes — Planning Commission August 28, 2012 — Page 6 of 8
0
Thompson Requested that under condition 2.8, a striping plan be submitted
to control parking and traffic flow for the donation area, and that
condition 2.6 address the installation of an appropriate security
system. Stated he is pleased with the modifications
recommended by his fellow Commissioners.
Motion: It was moved by Thompson, seconded by Moore to adopt
Resolutions 4200 and 4201 as amended. Motion carried 4-0.
None REGULAR BUSINESS
STAFF CONCERNS:
The Director inquired on the Commission's availability for a
citywide projects tour. Requested that the Commission adjourn to
the tour set at 5:30 on September 11, 2012.
COMMISSION CONCERNS:
Eckman Stated school starts in Tustin next week, cautioned drivers
to be safe while commuting;
• Requested to close the meeting in honor of Chuck Puckett
to thank him for his service on the Planning Commission.
Moore . Thanked staff for their presentation;
• Hopes everyone enjoys their Labor Day weekend.
Thompson 0 Congratulated Tustin Toyota on their grand opening event.
Stated they have done a fantastic job on the renovation of
their facility;
• Thanked Chuck Puckett for so many years of service to the
City of Tustin;
• Congratulated Chair Kozak on his third time as Planning
Commission Chairperson;
• Commented that with the upcoming retirements of city
employees, requested that the employees who worked
directly with the Planning Commission come to an
upcoming meeting for recognition and to thank them for
their services;
• Stated he is back to school as well, and is looking forward
to completing his program soon.
Kozak Thanked staff for their work this evening;
• Congratulated Chair Pro Tem Thompson on his
appointment;
• Thanked Chuck Puckett for his service;
Minutes — Planning Commission August 28, 2012 — Page 7 of 8
Kozak cont. Attended the 14th Annual Enderle Center Classic Car
Show;
Attended the 12th Annual Broadway in the Park where he
also celebrated with Chuck and Donna Puckett on thier
47th wedding anniversary;
• Attended the dedication of new playground equipment at
Columbus Tustin Park. Noted that this is the first
playground in the City to be fully accessible for physically
handicapped children;
• Also noted that school starts next week and that drivers
should use caution.
8:30 p.m. ADJOURNMENT:
The next special meeting of the Planning Commission is
scheduled for Tuesday, September 11, 2012, at 5:30 p.m.
meeting outside of the Council Chambers for a citywide projects
tour.
Closed in Honor of Chuck Puckett.
ELIZABETH A. BINSACK
Planning Commission Secretary
Minutes — Planning Commission August 28, 2012 — Page 8 of 8
ATTACHMENT G
PLANNING RESOLUTION NOS. 4200 AND 4201
RESOLUTION NO. 4200
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, APPROVING USE DETERMINATION 2012-
03 TO ALLOW A THRIFT STORE WITH ANCILLARY
DONATION AREA AS A CONDITIONALLY PERMITTED USE
WITHIN THE COMMERCIAL LAND USE DESIGNATIONS 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 Goodwill Industries of Orange County requesting
authorization to establish a thrift store with ancillary 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 called, noticed, and held for Use
Determination 2012-03 in conjunction with Conditional Use Permit
2012-09 on August 28, 2012, by the Planning Commission.
D. That approval of Use Determination 2012-03 to allow for a thrift store
with ancillary donation area as a conditionally permitted use within
the commercial land use designations of the First Street Specific
Plan can be supported by the following findings:
1) 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 primarily retail use located in a
commercial land 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 would be considered on a case-by-case
basis and subject to the conditional use permit process and
public noticing requirements. Projects would be conditioned to
ensure that there would be no adverse impacts on the existing
neighborhoods.
E. That the proposed Use Determination is exempt from
environmental review under the California Environmental Quality
Act ("CEQA") pursuant to Section 15061(b)(3) of the California
Code of Regulations Title 14, Chapter 3 (Guidelines for the
California Environmental Quality 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 CEQA.
II. The Planning Commission hereby approves Use Determination 2012-03 to
allow a thrift store with ancillary 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.
,STEVIE WZAK
Chairperson
ELIZABETH A. BINfSACK
Planning Commission Secretary
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. 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. BINSACK
Planning Commission Secretary
RESOLUTION NO. 4201
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, APPROVING CONDITIONAL USE
PERMIT 2012-09 AUTHORIZING THE ESTABLISHMENT
AND OPERATION OF A THRIFT STORE WITH ANCILLARY
DONATION AREA LOCATED AT 502 E. 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 ancillary 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 Sub -element of the City of Tustin
General Plan and has been determined to be consistent with the Air
Quality Sub -element.
C. That a public hearing was duly called, noticed, and held for
Conditional Use Permit 2012-09 in conjunction with Use
Determination 2012-03 on August 28, 2012, by the Planning
Commission.
D. That the Planning Commission adopted Resolution No. 4200,
approving Use Determination 2012-03 to allow thrift stores with
ancillary 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, 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 thrift store with ancillary 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 Larwin Square shopping center.
Resolution No. 4201
Page 2
3) The primary use of the business would be retail sales of new and
used merchandise with ancillary collection of donated goods.
4) As conditioned, Conditional Use Permit 2012-09 may be reviewed
on an annual basis, or more often if necessary, by the Community
Development Director. 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 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 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 with over eighty seven
(87) years of experience operating in Orange County.
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 2012-09
authorizing the establishment and operation of a thrift store with ancillary
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 AND ADOPTED by the Planning Commission of the City of Tustin at a
regular meeting on the 28th day of August, 2012.
S'TEV�3�ZAK
Chairperson
ELIZABETH A. BINSACK
Planning Commission Secretary
iU
WB
Resolution No. 4201
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. 4201 was duly passed and
adopted at a regular meeting of the Tustin Planning Commission, held on the 28`h day of
August, 2012.
ELIZABETH A. BINSACK
Planning Commission Secretary
J
EXHIBIT A
RESOLUTION NO. 4201
CONDITIONAL USE PERMIT 2012-09
CONDITIONS OF APPROVAL
GENERAL
(1) 1.1 The proposed project shall substantially conform with the submitted
plans for the project date stamped August 28, 2012, 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 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) 1.5 This condition shall serve as a precitation and to inform the responsible
person(s) and property owner(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
(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
`J
(1) 1.6 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.
(1) 1.7 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 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.
(d) Require additional on-site personnel
(1) 1.8 As a condition of approval of Conditional Use Permit 2012-09, the
applicant shall agree, at its sole cost 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.
Exhibit A
Resolution No. 4201
CUP 2012-09
Page 2
(1) 1.6 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.
(1) 1.7 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 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.
(d) Require additional on-site personnel
(1) 1.8 As a condition of approval of Conditional Use Permit 2012-09, the
applicant shall agree, at its sole cost 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.
Exhibit A
Resolution No. 4201
CUP 2012-09
Page 3
(1) 1.9 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, or displays related to the thrift store shall be
conducted entirely within the subject building.
(1) 2.2 No outdoor storage including, but not limited to trailers and bins 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 items 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.
(1) 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) 2.6 The applicant and property owner shall provide a 24-hour point of contact
responsible for maintenance of the site and removal of any materials left
outside of the building. Prior to issuance of a building permit, an on-site
security system shall be submitted for review and approval by the Tustin
Police Department.
(1) 2.7 The donation area shall not be visible from the exterior of the building.
(1) 2.8 The business activities shall not operate in such a manner that would
impact any traffic lanes, cause back up (queuing) of vehicles into the
public right-of-way, or create any unsafe conditions. Prior to issuance of a
building permit, the applicant shall submit a traffic control plan identifying
traffic circulation and striping, drop off and pick up area, signing, etc. for
review and approval by the City.
(1) 2.9 Any litter on-site or within the public right-of-way attributable to this use
shall be removed on a daily basis. The applicant and property owner
Exhibit A
Resolution No. 4201
CUP 2012-09
Page 4
shall assume full responsibility for clean up of litter, refuse, and debris
within the shopping center and adjacent public right-of-way.
(1) 2.10 Tenant signage shall comply with the approved master sign program for
the Larwin Square shopping center.
(1) 2.11 Prior to engaging in secondhand sales, the applicant shall obtain a valid
secondhand dealer permit pursuant to Section 3521 of the Tustin City
Code.
BUILDING DIVISION
(1) 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.
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
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.
0
OM
ATTACHMENT H
APPEAL REQUEST
From: DEBORAH GAVELLO
Date: September 4, 2012 8:55:42 PM PDT
To: "Jeffrey C. Parker" <JParker@tustinca.om>
Subject: Appeal
I want to appeal planning commission actin on goodwill store approval based on location.
Deborah Gavello
Sent from Whone
ATTACHMENT
CITY COUNCIL RESOLUTION NOS. 12-85 & 12-86
RESOLUTION NO. 12-85
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, APPROVING USE DETERMINATION 2012-03 TO
ALLOW RETAIL STORES SELLING NEW AND PREVIOUSLY
USED GOODS AND CLOTHING WITH ANCILLARY
DONATION AREAS AS A CONDITIONALLY PERMITTED USE
WITHIN THE COMMERCIAL LAND USE DESIGNATIONS OF
THE FIRST STREET SPECIFIC PLAN.
The City Council of the City of Tustin does hereby finds and resolves as follows:
A. A proper application for Use Determination 2012-03 was filed by Randy
Taylor of Goodwill Industries of Orange County requesting authorization to
establish a retail store selling new and previously used goods and clothing
with ancillary 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 called, noticed, and held for Use
Determination 2012-03 in conjunction with Conditional Use Permit 2012-
09 on August 28, 2012, by the Planning Commission.
D. That on August 28, 2012, the Planning Commission adopted Resolution
Nos. 4200 and 4201, approving Use Determination 2012-03 and
conditionally approving Conditional Use Permit 2012-09.
E. That on September 4, 2012, an appeal of the Planning Commission's
decision to approve Use Determination 2012-03 and Conditional Use
Permit 2012-09 was filed by Councilmember Gavello.
F. That a public hearing was duly called, noticed, and held for said appeal on
October 2, 2012, before the City Council.
G. That approval of Use Determination 2012-03 to allow for retail stores selling
new and previously used goods and clothing with ancillary donation areas
as a conditionally permitted use within the commercial land use designations
of the First Street Specific Plan can be supported by the following findings:
1) Existing retail stores selling previously used goods and clothing with
ancillary donation areas have been conditionally permitted in other
commercial districts within the City.
Resolution 12-85
UD 2012-03
Page 2
2) The primary use of the proposed retail store selling new and
previously used goods and clothing with ancillary 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 primarily retail use located in a commercial
land 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.
4) The proposed use would be considered on a case-by-case basis and
subject to the conditional use permit process and public noticing
requirements. Projects would be conditioned to ensure that there
would be no adverse impacts on the existing neighborhoods.
H. That the proposed Use Determination is exempt from environmental
review under the California Environmental Quality Act ("CEQA") pursuant
to Section 15061(b)(3) of the California Code of Regulations Title 14,
Chapter 3 (Guidelines for the California Environmental Quality 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
CEQA.
II. The City Council hereby approves Use Determination 2012-03 to allow retail
stores selling new and previously used goods and clothing with ancillary donation
area as a conditionally permitted use within the commercial land use designations
of the First Street Specific Plan.
PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular meeting
on the 2nd day of October, 2012.
JOHN NIELSEN
MAYOR
ATTEST:
PAMELA STOKER
CITY CLERK
Resolution 12-85
UD 2012-03
Page 3
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, Pamela Stoker, City Clerk and ex -officio Clerk of the City Council of the City of Tustin,
California, do hereby certify that the whole number of the members of the City Council of
the City of Tustin is five; that the above and foregoing Resolution No. 12-85 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 2nd day of
October, 2012 by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
PAMELA STOKER
CITY CLERK
RESOLUTION NO. 12-86
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, APPROVING CONDITIONAL USE PERMIT 2012-09
AUTHORIZING THE ESTABLISHMENT AND OPERATION OF
A RETAIL STORE SELLING NEW AND PREVIOUSLY USED
GOODS AND CLOTHING WITH ANCILLARY DONATION
AREA LOCATED AT 502 E. FIRST STREET, UNIT C.
The City Council of the City of Tustin does hereby finds and resolves 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 retail store selling new and previously used goods
and clothing with ancillary 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 Sub -element of the City of Tustin General
Plan and has been determined to be consistent with the Air Quality Sub -
element.
C. That a public hearing was duly called, noticed, and held for Conditional Use
Permit 2012-09 in conjunction with Use Determination 2012-03 on August
28, 2012, by the Planning Commission.
D. That on August 28, 2012, the Planning Commission adopted Resolution Nos.
4200 and 4201, approving Use Determination 2012-03 and conditionally
approving Conditional Use Permit 2012-09.
E. That on September 4, 2012, an appeal of the Planning Commission's
decision to approve Use Determination 2012-03 and Conditional Use Permit
2012-09 was filed by Councilmember Gavello.
F. That a public hearing was duly called, noticed, and held for said appeal on
October 2, 2012, before the City Council.
G. That the City Council adopted Resolution No. 12-85, approving Use
Determination 2012-03 to allow retail stores selling new and previously used
goods and clothing with ancillary donation area as a conditionally permitted
use within the commercial land use designations of the First Street Specific
Plan.
H. 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
Resolution No. 12-86
CUP 2012-09
Page 2
improvements in the neighborhood of the subject property, or to the general
welfare of the City of Tustin in that:
1) The proposed retail store selling new and previously used goods and
clothing with ancillary 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 Larwin Square shopping center.
3) The primary use of the business would be retail sales of new and used
merchandise with ancillary collection of donated goods.
4) As conditioned, Conditional Use Permit 2012-09 may be reviewed on an
annual basis, or more often if necessary, by the Community Development
Director. 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 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 revoke the
Conditional Use Permit.
5) The implementation/application of the proposed conditions would ensure
compatibility of the proposed retail store selling new and previously used
goods and clothing with ancillary donation area with the surrounding
uses and the Tustin City Code.
6) The proposed use is a reputable business with over eighty seven (87)
years of experience operating in Orange County.
I. 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 City Council hereby approves Conditional Use Permit 2012-09 authorizing the
establishment and operation of a retail store selling new and previously used goods
and clothing with ancillary 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.
Resolution No. 12-86
CUP 2012-09
Page 3
PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular meeting on
the 2"d day of October, 2012.
JOHN NIELSEN
MAYOR
ATTEST:
PAMELA STOKER
CITY CLERK
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF TUSTIN
I, Pamela Stoker, City Clerk and ex -officio Clerk of the City Council of the City of Tustin,
California, do hereby certify that the whole number of the members of the City Council of the
City of Tustin is five; that the above and foregoing Resolution No. 12-85 was duly passed and
adopted at a regular meeting of the Tustin City Council, held on the 2nd day of October, 2012
by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
PAMELA STOKER
CITY CLERK
EXHIBIT A
RESOLUTION NO. 12-86
CONDITIONAL USE PERMIT 2012-09
CONDITIONS OF APPROVAL
GENERAL
(1) 1.1 The proposed project shall substantially conform with the submitted
plans for the project date stamped October 2, 2012, 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 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) 1.5 This condition shall serve as a precitation and to inform the responsible
person(s) and property owner(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
(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. 12-86
CUP 2012-09
Page 2
(1) 1.6 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.
(1) 1.7 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 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.
(d) Require additional on-site personnel.
(1) 1.8 As a condition of approval of Conditional Use Permit 2012-09, the
applicant shall agree, at its sole cost 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.
Exhibit A
Resolution No. 12-86
CUP 2012-09
Page 3
(1) 1.9 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, or displays related to the retail store selling
new and previously used goods and clothing with ancillary donation
area shall be conducted entirely within the subject building.
(1) 2.2 No outdoor storage including, but not limited to trailers and bins 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 items 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.
(1) 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) 2.6 The applicant and property owner shall provide a 24-hour point of contact
responsible for maintenance of the site and removal of any materials left
outside of the building. Prior to issuance of a building permit, an on-site
security system shall be submitted for review and approval by the Tustin
Police Department.
(1) 2.7 The donation area shall not be visible from the exterior of the building.
(1) 2.8 The business activities shall not operate in such a manner that would
impact any traffic lanes, cause back up (queuing) of vehicles into the
public right-of-way, or create any unsafe conditions. Prior to issuance of a
building permit, the applicant shall submit a traffic control plan identifying
traffic circulation and striping, drop off and pick up area, signing, etc. for
review and approval by the City.
Exhibit A
Resolution No. 12-86
CUP 2012-09
Page 4
(1) 2.9 Any litter on-site 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) 2.10 Tenant signage shall comply with the approved master sign program for
the Larwin Square shopping center.
(1) 2.11 Prior to engaging in secondhand sales, the applicant shall obtain a valid
secondhand dealer permit pursuant to Section 3521 of the Tustin City
Code.
BUILDING DIVISION
(1) 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.
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
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.