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HomeMy WebLinkAbout02 CUP 03-003Report to the ITEM#2 Planning Commission DATE: MARCH 24, 2003 SUBJECT: CONDITIONAL USE PERMIT 03-003 APPLICANT: JOHNNY AND GABRIELA NODAR 22082 SABROSO MISSION VIE JO, CA 92691 PROPERTY OWNERS: HOWARD ABEL cio WILLIAMS REAL ESTATE LOCATION: 13824 RED HILL AVENUE ZONING: RETAIL COMMERCIAL (C-1) AND CENTRAL COMMERCIAL (C-2) ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO SECTION 15301 OF THE ENVIRONMENTAL QUALITY ACT (CLASS i} CALIFORNIA REQUEST: AUTHORIZATION TO ESTABLISH A CONVENIENCE STORE/SMALL MARKET FOR MEAT, PRODUCE, AND SMALL HOUSEHOLD ITEMS RECOMMENDATION That the Planning Commission adopt Resolution No. 3865 approving Conditional Use Permit 03-003. BACKGROUND The applicant is requesting authorization to establish a small market (convenience store) within a 1,500 square foot tenant space located at 14702 Newport Avenue. The proposed tenant space is located within an existing retail center at the northeast corner of Red Hill Avenue and El Camino Real (Attachment A - Location Map). The proposed tenant space was occupied by National Licensing Company and is currently vacant. Planning Commission Report CUP 03-003 March 24, 2003 Page 2 The center is located within the Retail Commercial (C-1) and Central Commercial zoning districts in which convenience stores are conditionally permitted. The site is bounded by Red Hill Avenue with commercial uses and a church to the west, El Camino Real with commercial uses to the south, San Juan Street with Rancho San Juan Condominium use to the north, and Brookside Village Apartments to the east. DISCUSSION The market (Attachment B - Submitted Plans) would offer the following products: Meats; Dairy such as milk, a variety of cheeses, and cream; Breads such as sweet rolls, dried pasta, and rice; Beverages such as canned soft drinks and teas (no alcohol); Packaged foods and snacks; Produce such as fruit and vegetables; and, Small household items. The applicant proposes to remodel the storefront to provide a meat counter, shelves for groceries and produce, storage room, a walk-in cooler, a check-stand, and an accessible restroom. Conditions are included to require that the market meets Uniform Building Code requirements and provides handicap accessible facilities. The market would not be eligible for on-site or off-site alcoholic beverage sales. Tustin City Code Section 9232(b)(p) requires a 500 foot distance separation from any other existing off-site sales establishment, a 600 foot distance separation from health care facilities, public or private schools, churches, and playgrounds, and a 300 foot distance separation from residential uses. The proposed market is located within the same center as a Jolly Jug Liquor store, First School Montessori childcare facility, and across Red Hill Avenue from a church. In addition, the market is located fewer than 300 feet from the apartment complex located to the east of the subject site. Although the applicant has indicated that no alcoholic beverages or tobacco will be sold from the market, the City's Police Department has strongly suggested that a condition to prohibit the sale of alcoholic beverages be included as condition of approval of the Conditional Use Permit. As such, Condition No. 3.2 (Attachment C) would prohibit the sale of alcoholic beverages. Condition Nos. 3.1 through 3.17 are recommended to mitigate any potential impacts associated with the proposed use. For example, Condition No. 3.1 would limit the merchandise to the proposed items and require approval for any changes to offered merchandise, Condition No. 3.8 would prohibit exterior freestanding vending machines, and Condition No. 3.14 would limit all activities to the interior of the premises. Planning Commission Report CUP 03-003 March 24, 2003 Page 3 Parking The center currently has a shared parking agreement with Drug Emporium. With the existing and proposed uses within the center, the submitted parking summary indicates a total of three hundred sixty-three (363) parking spaces would be required. Although the parking summary indicates there are 449 parking spaces, only 442 spaces are shown on the submitted plans. To ensure there is sufficient parking available for patrons in the front, Condition No. 3.13 is included to require employees to use the rear parking spaces. Hours of Operation The proposed hours of operation for the convenience market are from 8:00 a.m. to 9:00 p.m. Since the site is adjacent to an apartment complex to the east, Condition No. 3.6 is included to require deliveries to be limited to 8:00 a.m. to 7:00 p.m. to preclude potential noise impacts. Safety and Crime Prevention To prevent loitering, Condition No. 3.9 is included to prohibit exterior public pay telephones and any interior public pay telephones be programmed to prevent incoming calls. Condition No. 3.8 would also limit the number of arcade games, virtual reality, or coin- token games to be located in the interior of the premises to a maximum of four (4). ANALYSIS In determining whether to approve the Conditional Use Permit, the Planning Commission must determine whether or not the proposed use will be detrimental to the health, safety, morals, comfort, and general welfare of the persons residing in or working in the neighborhood or whether it will be injurious or detrimental to property or improvements in the vicinity or to the welfare of the City. A decision to approve the conditional use permit can be supported by the following findings: As conditioned, the use would be limited to the sale of meat, produce, pre- packaged foods, and small household items in the interior of the premises; As conditioned, loading and unloading of deliveries would not impact residential uses in proximity to the site; · As conditioned, sale of alcoholic beverages is prohibited; As conditioned, no exterior public phones would be installed in conjunction with this use that would promote loitering in the area; and, Planning Commission Report CUP 03-003 March 24, 2003 Page 4 As conditioned, the nature, operation, and scale of the market is compatible with surrounding commercial uses and the market would provide for convenient shopping for the residents in the area. Associate Planner enior Planner Attachments: 1. Location Map 2. Submitted Plans 3. Resolution No. 3865 S:\Cdd\PCREPORT~CUP 03-003.DOC Attachment 1 Location Map LOCATION MAP PROJECT NO. ADDRESS MARJORIE VEEH ARCO SHELL Attachment 2 Submitted Plans ii llll.ll/lllll IIIIIIII.LI,I ~ '--"1~ 1J fTfffffi .LNDI,~D/xO~i,4 ] LNVN:::U. --~- ~) ~ · ~ , ' ' I .... ] f" ...... .... Z ~ ~ z~ Cn >- c,~ m . ~= z~fz o <~:,~.~ ' ~o~ ~ ~zjOj · ...oo U~z~ ~= , uJ ~ ~  zz~' ~ .~,~¢,~ ~zo~- · --= ~zz ~[z - z~.o~xI--- ~ .x ' '~'~ ....... p.'"'~-~'~ '~' "~' ~ -= - '~. o ~ = <~ ~z o [~'~:~ t , ~ ~,o ~, .... ~ =,.~o~o~<~ ~J.' , o2 oo ~ :~5~5 ~ !~ ::': :~::~ :~:'>; q~ ~ '"i :; "" =:: "~ ~::''~ .... ~' ~ ~ ~ !*~ I ~ ~ ~,-.~z ~$do~H~- S I I I j ! I I I I I I I I t I I I I ..~.. - ,o ~o~4~~ ~m~u~z~zz <o ,~ ................................... ~ Zo -~z<- ~ o ................ ~ o ~z oO-..¢~.,z~-~-: .o~i oz ~<~OO~z~~ Attachment 3 Resolution No. 3865 RESOLUTION NO. 3865 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN APPROVING CONDITIONAL USE PERMIT 03-003 AUTHORIZING ESTABLISHMENT OF A SMALL MARKET (CONVENIENCE STORE) WITHIN A 1,500 SQUARE FOOT TENANT SPACE IN A RETAIL BUILDING LOCATED AT 13824 RED HILL AVENUE. The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application for Conditional Use Permit 03-003 was filed by Johnny and Gabriela Nodar to request authorization to establish a small market (convenience store) for the purpose of selling meats, packaged foods, produce, and small household items within a retail center located at 13824 Red Hill Avenue. B. That the proposed use is consistent with the Tustin General Plan in that the property is designated as "Community Commercial" which provides for the establishment 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, Pursuant to Tustin City Code Section 9232.b.(p) and 9233.c.(aa), convenience stores are permitted within the Retail Commercial (C-1) and Central Commercial (C-2) zoning districts with approval of a conditional use permit. The proposed market is consistent with the definition of a convenience store provided in Tustin City Code Section 9297 in that the market is less than 15,000 square feet in size and sells food, beverages, and small household items for off-site use and consumption. D. That a public hearing was duly called, noticed, and held on said application on March 24, 2003, by the Planning Commission. Eo That the establishment, maintenance and operation of the proposed market 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 of such proposed use, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin in that: Resolution No. 3865 Page 2 II. As conditioned, the use would be limited to the sale of meat, produce, pre-packaged foods, and small household items in the interior of the premises; · As conditioned, loading and unloading of deliveries would not impact residential uses in proximity to the site; · As conditioned, sale of alcoholic beverages is prohibited; As conditioned, no exterior public phones would be installed in conjunction with this use that would promote loitering in the area; and, As conditioned, the nature, operation, and scale of the small market (convenience store) is compatible with surrounding commercial uses and the market would provide for convenient shopping for the residents in the area. Fo This project is Categorically Exempt pursuant to Section 15301, Class 1 of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). The Planning Commission hereby approves Conditional Use Permit 03-003 to establish a small market (convenience store) for the purpose of offering meats, packaged foods, produce, and small household items within a 1,500 square foot tenant space located at 13824 Red Hill Avenue, subject to the conditions contained in Exhibit A attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 24th day of March, 2003. LINDA C. JENNINGS Chairperson ELIZABETH A. BINSACK Planning Commission Secretary Resolution No. 3865 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 Planning Commission of the City of Tustin, California; that Resolution No. 3865 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 24th day of March, 2003. ELIZABETH A. BINSACK Planning Commission Secretary GENERAL (~) 1.1 (1) 1.2 (1) 1.3 (1) 1.4 (1) (1) 1.6 EXHIBIT A CONDITIONAL USE PERMIT 03-003 CONDITIONS OF APPROVAL RESOLUTION NO. 3865 The proposed use shall substantially conform with the submitted plans for the project date stamped March 24, 2003, on file with the Community Development Department, except 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 minor modifications to plans during plan check if such modifications are to be consistent with the provisions of the Tustin City Code and other applicable codes. Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified or prior to the issuance of any building permits for the project, subject to review and approval by the Community Development Department. The subject project approval shall become null and void unless permits are issued within twelve (12) months of the date of this Exhibit and substantial tenant improvements are underway. Time extensions may be granted if a written request is received by the Community Development Department within thirty (30) days prior to expiration. Approval of Conditional Use Permit 03-003 is contingent upon the applicant 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. The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of a challenge of the City's approval for this project. As determined by a City Code Enforcement Officer, any violation of any of the conditions imposed by this Resolution is subject to the imposition of a civil penalty of $100.00 for each violation and each day the violation exists. (1) (2) (3) (4) SOURCE CODES STANDARD CONDITION CEQA MITIGATION UNIFORM BUILDING CODEIS DESIGN REVIEW EXCEPTIONS (s) (6) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY Exhibit A Resolution No. 3865 March 24, 2003 Page 2 The applicant shall be responsible for costs associated with any necessary code enforcement action. Conditional Use Permit 03-003 may be reviewed annually or more often, if deemed necessary by the Community Development Department, to ensure compliance with the conditions contained herein. PLAN SUBMITTAL (1) 2.1 Prior to commencement of sales, the applicant shall obtain permits for improvements to the tenant space and parking lot and complete all improvements to the satisfaction of the Community Development Department. At the time of building permit application, the plans shall comply with the 2001 California Building Code (CBC), 2001 California Mechanical Code (CMC), 2001 California Plumbing Codes (CPC), 2001 California Electrical Code (CEC), California Title 24 Accessibility Regulations, Title 24 Energy Regulations, City Ordinances, and State and Federal laws and regulations. (1) 2.2 Building plan check submittal shall include the following: · Four (4) sets of construction plans, including drawings for mechanical, plumbing, and electrical. · Two (2) copies of Title 24 energy calculations. · Note on plans that no field changes shall be made without prior approval from the Building Official and architect or engineer of record. (3) 2.3 Vehicle parking, primary entrance to the building, the primary paths of travel, cashier space, sanitary facilities, drinking fountain, and public telephones shall be accessible to persons with disabilities. Parking spaces designed for use by persons with disabilities shall comply with California Title 24 regulations. (3) 2,4 The plans shall indicate that the restrooms are accessible to persons with disabilities as per State of California Accessibility Standards (Title 24). Plumbing fixture units are required to comply with Table 4-1 of the California Plumbing Code, as per type of group occupancy, or as approved by the Building Official. (5) 2.5 Evidence of approval from the Orange County Health Care Agency shall be submitted to the Community Development Department prior to issuance of a building permit. Exhibit A Resolution No. 3865 March 24, 2003 Page 3 (3) 2.6 (*) 2.7 USE (1) 3.1 (*) 3.2 (*) 3.3 (1) 3.5 (1) 3.6 A minimum of one cash registedcheck stand shall be accessible to persons with disabilities. A separate set of sign plans shall be submitted to the Community Development Department for review and approval prior to final inspection of the improvements. The subject location shall be used for the sale of merchandise only for off- site use and consumption. No services shall be permitted. Merchandise shall be limited to the following: meats, packaged foods, dairy items, fresh produce, breads, canned soft drinks (non-alcoholic), and small household items. Any modifications to the merchandise to be sold or services to be offered require approval of the Community Development Department. The subject location is not eligible for a conditional use permit for off-site alcoholic beverage sales since it does not meet the minimum distance requirements from existing sensitive uses set forth in Tustin City Code Section 9233.c(v)(1). The distance between the closest exterior structural walls of each off-site sale establishments must be separated by a minimum distance of five hundred (500) feet. The distance separation between the proposed convenience store and the existing Jolly Jug Liquor store is less than five hundred (500) feet. The public entrance/exit to off-site beverage sales establishments (ABC Type 20 License) must be a minimum of six hundred (600) feet from health care facilities, public or private schools, churches, and playgrounds. The building's entrance is fewer than six hundred (600) feet from the First School Montesorri at 13806 Red Hill Avenue and a church located across the street at 13841 Red Hill Avenue. The public entrance/exit to off-site beverage sales establishments (ABC Type 20 License) must be a minimum of three hundred (300) feet from residentially zoned or used property. The building entrance is fewer than three hundred (300) feet from the Brookside Village apartment complex located to the east of the center. No interior or exterior seating for dining purposes shall be permitted without obtaining approval from the Community Development Department. Hours of operation shall be limited to 7:00 a.m. to 10:00 p.m. Deliveries to the small market shall be limited to between the hours of 8:00 a.m. to 7:00 p.m. Delivery trucks shall not arrive on-site until 8:00 a.m. Exhibit A Resolution No. 3865 March 24, 2003 Page 4 (1) 3.7 Check cashing facilities may not be established on the project site without prior review and approval by the City of Tustin License and Permit Board. (1) 3.8 The installation of any exterior, freestanding vending machines, such as, but not limited to, beverage or soda machines, candy, magazine racks, and any other retail product, is prohibited. No more than four (4) video arcade games, virtual reality, or coin-token games shall be located in the interior of the premises. No games shall be located on the exterior of the premises. (*) 3.9 Exterior public pay telephones shall be prohibited, and any interior public pay telephones shall be programmed to prevent incoming calls. (.1) 3.10 No outdoor storage shall be permitted except as approved by the Director of Community Development. (1) 3.11 Outside address speakers, telephone bells, buzzers, and other similar devices, which are audible from adjoining properties, shall be prohibited. (1) 3.12 Signs shall be posted conspicuously in the parking areas prohibiting loitering and overnight parking. (*) 3.13 Employees of the small market shall use the parking area behind the building for vehicle parking. (1) 3.14 All business activity, sales, displays, or other business activities shall be conducted entirely within the interior of the premises. (1) 3.15 If determined by the Chief of Police and the Community Development Director, based upon the number of calls for service, the owner and/or operator will be required to implement procedures to reduce the likelihood of criminal activity. (1) 3.16 The premises shall be maintained continuously in a clean and healthy condition, and all graffiti shall be removed within 24 hours of notification from the City. (1) 3.17 Window signs shall not obstruct more than twenty-five (25) percent of the glass area of the storefront. Exhibit A Resolution No. 3865 March 24, 2003 Page 5 FEES (1) 4.1 (5) 4.2 Prior to issuance of any permits, the applicant shall pay the following fees. Payment will be required based upon the rate in effect at the time of permit issuance and are subject to change. a. All applicable Building and Orange County Fire Authority plan check and permit fees shall be paid to the Community Development Department. Within forty-eight (48) hours of project approval, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of forty-three dollars ($43.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period that applicant has not delivered to the Community Development Department the above- noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened.