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HomeMy WebLinkAboutPH 1 CUP 93-006 04-19-93AG �6PUBLIC HEARING N0. 1 f[[ 4-19-93 DA DATE: APRIL 19, 1993 Inter- C O rn M� TO: WILLIAM A. HUSTON, CITY MANAGER FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: APPEAL OF CONDITIONAL USE PERMIT 93-006 Pleasure of the Council. FISCAL IMPACT There is no direct fiscal impact associated with this project as this is an owner initiated project. No financial assistance is being requested. BACKGROUND AND DISCUSSION On April 5, 1993, the City Council considered Mr. Hamid Rashidian's appeal of the Planning Commission's denial of 'a conditional use permit to authorize a convenience market at 13882 Newport Avenue, Unit D (see attachment A). The City Council continued the public hearing and requested that the Community Development Department prepare a resolution to consider approval of the conditional use permit to authorize a convenience market to sell only pre-packaged foods. The attached resolution and conditions of approval, Resolution No. 93-38, would permit only the sale of pre-packaged foods consistent with Mr. Rashidian's request. The conditions of approval prohibit the sale of open -foods such as popcorn, hot dogs and self-service drinks, the sale of alcoholic beverages, magazines, comic books and all auto related items. The conditions would also prohibit pool tables and coin operated games at the subject site. Operating hours would be limited to between 9:00 a.m. and 9:00 p.m. Sunday through Saturday. The attached resolution also includes standard conditions of approval for convenience markets. These standard conditions include posting of a "no loitering" sign; prohibition of outside storage or displays, outdoor or sidewalk sale of merchandise or outdoor seating; observation of the Noise Ordinance; observation of the Sign Code; and maintaining the premises in a safe, clean and sanitary condition at all times. City Council Report Appeal of Conditional Use Permit 93-006 April 19, 1993 Page 2 CONCLUSION Based on the direction of the City Council, the Community Development Department has prepared Resolution No. 93-38 for the consideration of the City Council to approve a convenience market at 13882 Newport Avenue, Unit D. /go - Becky Stone Assistant Planner c Qi . Christine A. Sh2nager leton Assistant City Attachments: Location Map A -April 5, 1993 Staff report Resolution No. 93-38 STREET Eras o + T r Li CUP 93-006 13882 NEWPORT AVENUE CC! NO SCALE -r 'r. t � � ,l n t• � . . •. ,�-� _. d C� G ''d a c - ' MV EME�: �.. Pon IS n az JAN 2 7 1993 1' l:A L V 1\L 0 . • Well Established Trade Area . • Easy access to the (5) and (55) Freeways • Excellent business signage and exposure • Proximate to new growth area • Competitive lease rates • High Traffic Counts • Heavy Retail Corridor • Floor plan on reverse The info.mari conralnea O �� Fv More>� In►`ornrai�onx:Cor�3act Agenia � wW?w-HYa`�ic��j'�'S.La�.4W�a*+:'�+?N�A�2t«'uLa •n'�.`a � i ����'Ct-1R1STfNE PELFGRfN/DAN�PARI'COYfCtf -� a �' �+.o.Y' i �? yex;�} r Ry7c.- F2 t•i t,2 d�`� � a. c� _ ..m....e...... a...............o n.,e.,..rm� we ranrw(. no.. ". assume re p nalWlrtp for its accuracy. 1975 W Oranoewood Avenue. Suite 100 /MAIN ST c S� BONITA �o 2 I N/ s �� Fv More>� In►`ornrai�onx:Cor�3act Agenia � wW?w-HYa`�ic��j'�'S.La�.4W�a*+:'�+?N�A�2t«'uLa •n'�.`a � i ����'Ct-1R1STfNE PELFGRfN/DAN�PARI'COYfCtf -� a �' �+.o.Y' i �? yex;�} r Ry7c.- F2 t•i t,2 d�`� � a. c� _ ..m....e...... a...............o n.,e.,..rm� we ranrw(. no.. ". assume re p nalWlrtp for its accuracy. 1975 W Oranoewood Avenue. Suite 100 PUBLI A G E N D 4-5-9C HEARING I O. 2 DATE: APRIL 5, 1993 n t e i- C O m j TO: WILLIAM A. HUSTON, CITY MANAGER FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT. APPEAL OF CONDITIONAL USE PERMIT 93-006 RECOMMENDATION It is recommended that the City Council adopt Resolution No. 93-31, upholding the Planning Commission's denial of Conditional Use Permit 93-006. FISCAL IMPACT No direct fiscal impact. There may be an indirect impact on Police Services in the event of City Council approval'of Use Permit 93-006. BACKGROUND On March 8, 1993, the Planning Commission denied a request by Hamid Rashidian for a Conditional Use Permit to authorize a convenience market with no alcoholic beverage sales at 13882 Newport Avenue, Unit D. Planning Commission Resolution No. 3121 and the Planning Commission Minutes are attached (Attachments A and B). The applicant has appealed the Planning Commission decision as he does not intend to sell typical convenience market items such as pornographic magazines, hot dogs and self -serve drinks. In his letter (Attachment C), the applicant refers to the Orange County Health Care Agency guidelines for convenience -type markets which differentiates between the sale of pre-packaged foods and open focds such as sandwiches. As he only intends to sell pre-packaged foods, not open foods, the applicant does not feel that his use should be considered a convenience market. The proposed convenience market would be located in the Primrose Center in an existing tenant space of approximately 1,200 square feet in area from which the applicant is currently operating a general retail store. The applicant currently stocks no food, beverages, magazines or auto related items, as these items would categorize the store as a convenience market pursuant to Tustin City Code. The applicant was aware when he opened his general retail store that a conditional use permit, requiring the discretionary approval of the Planning Commission, was required to operate a convenience market with food and beverage. Attachment A city Council Report Appeal of Conditional Use Permit 93-006 April 5, 1993 Page 2 Pursuant to City Code Section 9232(u), a convenience store is defined as follows: "any establishment under fifteen thousand (15,000) square feet in size where food, beverage, magazine and auto related items, or any combination thereof, are sold for off-site use and/or consumption." The definition does not differentiate between "pre-packaged" or "open" foods, but specifies items "sold for off-site use and/or consumption" which directly infers pre-packaged foods. In 1987, the Tustin City Zoning Code was amended to require conditional use permits for convenience markets by Ordinance No. 981. In their resolution recommending the code amendment to the City Council, the Planning Commission stated that "convenience markets have the potential to create a threat to public health, safety and general welfare, in that said uses may result in the following conflicts: 1. Potential noise when adjacent to residential and hospital uses; 2. Loitering when adjacent to church and school uses." In considering the location of convenience markets within the City, the Tustin Police Department has also expressed concerns related to loitering adolescents and the potential to block pathways, shoplift, traffic narcotics, pick fights and vandalize property with graffiti. The Tustin Police Department has dealt with adult transients loitering in other shopping centers within the City who have become threatening to passers-by. The 1987 Ordinance requiring conditional use permits for convenience market assured that there would not be uncontrolled proliferation. of convenience markets in the City causing the potential for increased noise and loitering. Twenty-two convenience markets and ten grocery/drug stores over 15,000 square feet in area are currently located within one mile of the proposed convenience market (attachment D). Past policy of the Planning Commission and City Council has been to restrict the proliferation of convenience markets. For example, in 1987 the City Council approved a zone change for commercial property three blocks north of the proposed project at the southeast corner of Newport Avenue Main Street to Planned Community (P -C) to allow the comprehensive redevelopment of the property. At that time the City Council adopted guidelines for all development in the P -C zoning district requiring that future development City Council Report Appeal of Conditional Use Permit 93-006 April 5, 1993 Page 3 promote uses that would be compatible with the surrounding land uses. The Planning Commission subsequently approved Conditional Use Permit 89-21 to authorize the development of Music Plus Plaza at 13662 Newport Avenue. Convenience markets were prohibited from the development as they were considered incompatible with the adjacent residential development. The subject site is located in the South Central Redevelopment Project Area which was found to be a blighted area pursuant to Ordinance 890, the South Central Redevelopment Plan adopted in 1983. The purpose of the Redevelopment Plan is to revitalize and redevelop the blighted areas of the City to promote the public health, safety, and welfare of the community. Primary concerns expressed by the Planning Commission in the past regarding convenience markets located within redevelopment areas have been related to the sale of alcoholic beverages, security and safety issues and the potential for lack of maintenance and loitering around such stores. Two convenience markets have been approved in the South Central Redevelopment Project Area since the Code was amended in 1987 to require a conditional use permit for convenience markets. These two markets sell specialty items only, including produce and ethnic food products. These establishments have products selected to cater to the surrounding neighborhoods. The proposed site is zoned Commercial General (CG) District and is surrounded by a small commercial retail shopping center to the north and Southern Counties oil to the south. The Tustin Plaza office buildings are located across Newport Avenue to the west and residential properties zoned R-3 District are located to the east behind the center. Tustin High School is located approximately 600 feet east of the proposed use. A public hearing notice identifying the time, date and location of the public hearing on this project was published in the Tustin News. Property owners within 300 feet of the site were notified of the hearing by mail and notices were posted on the site, at City Hall and at the Police Department. The applicant was informed of the availability of the agenda and staff report for this item. In response to the original public hearing notice on this matter, on March 16, the Community Development Department received a request to consider noise caused by the proposed use on nearby residential area (Attachment E). The letter states that noise caused by loading and maintenance and trash caused by customers are a concern to the writer. City Council Report Appeal of Conditional Use Permit 93-006 April 5, 1993 Page 4 DISCUSSION The applicant is not applying for an alcoholic beverage license at this time and proposes to sell food, beverages, magazines and other convenience items. The applicant does not propose to sell auto related items, although the sale of these products would be authorized with a conditional use permit by the definition of a convenience market. Business hours for the proposed convenience store would be 9:00 a.m. to 9:00 p.m. Monday through Sunday. The current hours of operations for other businesses within the shopping center range from 10:00 a.m. to 5:3-e P.M. for the bakery, and 11:00 a.m. to midnight for the adjacent restaurant. The chiropractor has regular office hours during the day. In considering the approval of a conditional use permit for the proposed convenience market, the Planning Commission determined that the establishment of a convenience market would be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood of the use, and would be injurious or detrimental to property and improvements in the neighborhood or the general welfare of the City. The following discussion supports the findings made by the Planning Commission in Resolution No. 3121, denying a conditional use permit for a convenience market at 13882 Newport Avenue, Unit D: 1. The subject site is located approximately 600 feet from Tustin High School and is immediately adjacent to multiple family residential development. The closest path for pedestrian traffic between the high school and the proposed convenience market would be on Bonita Street, through the residential district. Increased pedestrian traffic on this residential street could negatively impact the welfare and comfort of persons residing in the neighborhood, as noise and litter caused by passers-by would potentially increase. Furthermore, Bonita Street is not improved with continuous sidewalks. Therefore, students would be forced to walk in the street which would cause conflict with vehicular traffic and threaten the safety of the students. 2. The sale of items such as food and beverages for off-site consumption could promote loitering in the vicinity of the proposed convenience market. An increase in loitering caused by the proposed use could result in cast-off food and beverage packaging which would increase the potential for litter in the neighborhood. Increased litter would contribute to the further deterioration of the neighborhood. Loitering in the area of the proposed convenience market could also result in the potential for City Council Report Appeal of Conditional Use Permit 93-006 April 5, 1993 Page 5 increased graffiti vandalism in the neighborhood as previously noted. Increased occurrence of graffiti would increase the blight in the neighborhood. Although the sale of auto related items is not proposed by the applicant at this time, granting a conditional use permit for a convenience market would authorize the applicant to sell auto related items at any time as defined by the Code. The potential sale of auto related items in the proposed convenience market could result in use of the parking lot for automobile repair (installation of wiper blades, oil and other accessories). The packaging materials of these auto related items could be cast-off in the parking lot, which would result in the potential for increased litter and further deterioration of the neighborhood. 3. The proposed use would attract customers driving by the _ establishment on Newport Avenue and high school students in search of a combination of food, beverage, magazines and other convenience items for off-site use. The combination of items sold at the proposed convenience market which includes a combination of food, beverage, and magazines are not designed to cater to the persons specifically residing in the surrounding neighborhood, and would provide no immediate benefit to the surrounding residents. As the proposed convenience market is not specialty related, it could be reasoned that approval of the requested use would promote the proliferation of convenience markets. CONCLUSION The Planning Commission's decision to deny Conditional Use Permit 93-006 was based on evidence that the proposed project is in a sensitive area adjacent to residential property and in close proximity to the Tustin High School and would therefore be detrimental to the neighboncccd. Based on the findings discussed, it is recommended that the City Council uphold the Planning Commission's denial of Conditicnal Use Permit 93-006 by adopting Resolution No. 93-31, as submitted or revised. Becky stone Assistant Planner CAS:BCS:br\Cup93006 Christine A. Shinglgton Assistant City Manager City Council Report Appeal of Conditional Use Permit 93-006 April 5, 1993 Page 6 Attachments: Location map and site plan Attachment A - Resolution No. 3121 Commission Minutes, Attachment B Planning MarchComm Attachment C - Applicant's letter - Existing convenience and Attachment D summarket mary (grocery/drug g Attachment E - Neighbor's letter Resolution No. 93-31 211 RESOLUTION NO. 93-38 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING CONDITIONAL USE PERMIT 93- 4 006, TO AUTHORIZE THE ESTABLISHMENT OF A CONVENIENCE MARKET PROVIDING PREPACKAGED FOOD 5 ONLY WITHIN AN EXISTING TENANT SPACE AT THE PROPERTY LOCATED AT 13882 NEWPORT AVENUE, s SUITE D, TUSTIN,.CALIFORNIA. 7 The City Council- of the City -of Tustin does hereby 8 resolve as follows: 9 I. The City Council finds and determines as follows: A. That a proper application, Conditional Use 10 Permit 93-006, was filed by Mr. Hamid 11 Rashidian to establish a convenience market at the property located at 13882 Newport Avenue, 12 Suite D, Tustin, California. l3 B. A public hearing was duly called, noticed and held for said application on March 8, 1993 by 14 the - Planning Commission. The Planning Commission denied the request to establish a 15 convenience market at 13882 Newport Avenue, Suite D by the adoption of Resolution No. 161 3121. 17 C. The applicant has appealed the Planning Commission's denial of Conditional Use Permit 18 93-006, a request to establish a convenience market at the property located at 13882 19 Newport Avenue, Suite D, Tustin, California to the City Council. 20 D. A public hearing to consider the appeal was 21 duly called, noticed and held for said appeal on April 5, 1993 and continued to April 19, 22 1993, by the City Council. 23 E. That the establishment, maintenance, and operation of the use applied for will not, 24 under the circumstances of this case, be detrimental to the health, safety, morals, 25 comfort, or general welfare of the .persons residing or working in the neighborhood of 26 such proposed use and will not be detrimental to the property and improvements in the 27 neighborhood of the subject property, and to the general welfare of the City of Tustin as 28 evidenced by the following findings: 2 3 4 5 6 10 11 12 13 14 15 IG' 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 93-38 Page 2 1. The proposed convenience market would be located in an existing shopping center and would be compatible with the other existing commercial retail and restaurant uses within the center. 2. The proposed convenience market would sell only pre-packaged foods. open foods such as hot dogs, popcorn and self service drinks would be prohibited to ensure that the proposed use is compatible with the surrounding neighborhood. As the subject site is located in the South Central Redevelopment Project Area which was found to be a blighted area pursuant to Ordinance 890, the sale of open foods could encourage loitering and increased littering which would contribute to the further deterioration of the neighborhood. 3. The proposed use does not propose to sell alcoholic beverages, magazines or auto related items to ensure that the proposed use is compatible with the surrounding neighborhood. As the subject site is located in the South Central Redevelopment Project Area which was found to be a blighted area pursuant to Ordinance 890, the sale of alcoholic beverages, magazines or auto related items could encourage loitering and increased littering which would contribute to the further deterioration of the neighborhood. 4. Business hours for the proposed convenience store will be from 9:00 a.m. to 9:00 p.m., Sunday through Saturday. These hours would be compatible with existing commercial uses, surrounding uses, and surrounding residential neighborhoods. 5. As conditioned, the applicant would properly maintain the subject property in a safe, clean and sanitary manner; thus eliminating any potential for unhealthful or injurious site conditions. 3211 Resolution No. 93-38 Page 3 4 F. This project is categorically exempt from the requirements of the California Environmental 0 Quality Act, pursuant to Section 15303. 6 II. The City Council hereby approves Conditional Use I Permit No. -93-006, a request to authorize the 8 establishment of a convenience market providing pre-packaged foods only at the property located at 9 13882 Newport Avenue, Suite D subject to the conditions contained in Exhibit A, attached hereto. 10 PASSED AND ADOPTED by the City Council of the City of 11 Tustin on the 19th day of April, 1993. 1 13 Mayor 14 15 MARY E. WYNN City Clerk 1G 17 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss is CITY OF TUSTIN ) 19 CERTIFICATION FOR RESOLUTION NO. 93-38 20 MARY E. WYNN, City Clerk and ex -officio Clerk of the City Council of the City of Tustin, California, does hereby 21 certify that the whole number of the members of the City Council of the City of Tustin is 5; that the above and 22 foregoing Resolution No. 93-38 was duly and regularly introduced, passed, and adopted at a regular meeting of 23� the Tustin City Council, held on the 19th day of April, 1993. 24 COUNCILMEMBER AYES: 25 COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: 26, COUNCILMEMBER:ABSENT: I 2711 MARY E. WYNN 281 City Clerk EXHISIT A RESOLUTION NO. 93-38 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 93-006 GENERAL (1) 1.1 The proposed project shall substantially conform to submitted plans date-stamped April 19, 1993 on file with the Community Development Department. (1) 1.2 Approval of Conditional Use Permit 92-026 is contingent upon the applicant signing and returning an "Agreement to Conditions Imposed" form as established by the Director of Community Development. (1) 1.3 Operations shall begin within 12 months of approval or this Conditional Use Permit shall become null and void. (1) 1.4 ln1988cUrequirements niform Building Code ofthe (1) 1.5 The applicant shall hold harmless and defend the City of Tustin for all claims and liabilities arising out of the City's approval of the entitlement process for this project. USE RESTRICTIONS (2) 1. The sale of food related items shall be restricted to pre-packaged foods only. The sale of open foods such as hot dogs, deli sandwiches, prepared foods, popcorn and self service drinks shall be prohibited. No microwave heating and serving equipment or food preparation equipment shall be available on-site. ----------------------------------- SOURCE CODES (1) STANDARD CONDITIONS (2) CITY COUNCIL POLICY (3) MUNICIPAL CODE RESPONSIBLE AGENCY (5) UNIFORMBUILDINGCODE�(S)REMENT Exhibit A Resolution No. 93-38 conditions of Approval Page 2 (2) 2. The sale of magazines, comic books, and all auto related items shall be prohibited. (2) 3. The sale of alcoholic beverages shall be prohibited. (1) 4. "No loitering" signs shall be posted at all entrances of the tenant space or other specified locations, subject to the approval of the Director of Community Development. (1) 5. The installation of pool tables and/or coin operated games shall be prohibited. (2) 6. Hours of operation shall be limited to (4) 9:00 a.m. to 9:00 p.m., Sunday through Saturday. (1) 7. Outside storage or displays, outdoor or (4) sidewalk sale of merchandise or outdoor seating shall be prohibited. All business activity shall take place entirely within the building. (1) 8. The Tustin City Noise Ordinance, allowing a (4) maximum exterior noise level of 60 dBa shall be observed on the premises at all times. (1) 9. All signs shall conform to the City of Tustin (4) Sign Code, including window signs which shall not exceed 25% of glass area upon which the sign is located. All signs shall require approval by the Community Development Department prior to installation. (1) 10. The subject property shall be maintained in a safe, clean and sanitary condition at all times. Failure to do so may be grounds for revocation of this conditional use permit.