Loading...
HomeMy WebLinkAboutCC RES 12-86A RESOLUTION • THE CITY COUNCIL • THE CITY • TUSTIN, APPROVING CONDITIONAL USE PERMIT 2012-0* AUTHORIZING THE ESTABLISHMENT AND OPERATION OF FWAI V all I MIKA I M IFA )RACE-9-1- 1. 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. M-E= =_ 2.•- 111n* 19� 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 V71M M neighborhood, nor be injurious or detrimental to the property and MEMO 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 PON nuisance or negative impacts or may initiate proceedings to revoke the MEN- Conditional Use Permit. M 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. This project is Categorically Exempt pursuant to Section 15301, Class 1 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). 11. 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. PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular Ir meeting on the 2nd day of October, 2012. Resolution 12-86 Page 2 of 3 ATTEST:--", PAMELA STOKER, City Clerk STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN 1, 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. 12-86 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: COUNCILMEMBERS AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSTAINED: COUNC --ILMEMBERS ABSENT: Iff lee PAMELA STOKER,°-- City Clerk Resolution 12-86 Page 3 of 3 Nielsen, Murray, Amante, Gomez (4) Gavello (1) None (0) None (0) EXHIBIT A RESOLUTION NO. 12-86 CONDITIONAL USE PERMIT 2012-09 CONDITIONS OF APPROVAL GENERAL 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. This section shall not operate as 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 ME a pre-citation for purposes of criminal enforcement of the Tustin City Code. (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 I 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 01 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 1.9 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. 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. 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 Exhibit A Resolution No. 12-86 CUP 2012-09 Page 4 P "IM _ C IONIC review and approval by the City. 11 (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. (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.