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HomeMy WebLinkAboutPH 2 CUP 93-006 04-05-93AGENDA. DATE: APRIL 5, 1993 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: APPEAL OF CONDITIONAL USE PERMIT 93-006 PUBLIC HEARING N0. 2 4-5-93 Inter Corn 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 foods 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. 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 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 5:30 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. 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 neighborhood. Based on the findings discussed, it is recommended that the City Council uphold the Planning Commission's denial of Conditional Use Permit 93-006 by adopting Resolution No. 93-31, as submitted or revised. Becky Stone Assistant Planner CAS:6CS:br\cup93006 Z16 i49 l� =`� Christine A. S ing W on 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 Attachment B - Planning Commission Minutes, March 8, 1993 Attachment C - Applicant's letter Attachment D - Existing convenience market and grocery/drug store summary Attachment E - Neighbor's letter Resolution No. 93-31 CUP 93-006 13882 NEWPORT AVENUE NO SCALE � |� `CHIROPRACTOR ■■ e ----- ---------- : : JEWELRY .� yy RESTAURANT Pon IE� az JAN 2 7 1993 1-Lr7.1 V1\LV • 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 inform~ contebed herein hes been obteirrod 11 m sauces M deem retlebhe. 7915 W. Orangewood Avenue, Suite 700 Orange. California 92668 1714) 978-8000 2 3 4 5 10 11 12 13 14 15 16 17 18 go OA 24 25 26 27 28 . '� i RESOLUTION NO. 3121 A RESOLUTION OF THE PLANNING COMMISSION. OF THE CITY OF TUSTIN DENYING CONDITIONAL USE PERMIT 93-006, A REQUEST TO ESTABLISH A CONVENIENCE MARKET WITHIN AN EXISTING TENANT SPACE AT THE PROPERTY LOCATED AT 13882 NEWPORT AVENUE, SUITE D, TUSTIN, CA. The Planning Commission of the City of Tustin does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That a proper application, Conditional Use Permit 93-006, has been filed by Mr. Hamid Rashidian to establish a convenience market at the property located at 13882 Newport Avenue, Suite D, Tustin, California. B. A public hearing was duly called, noticed and held for said application on March 8, 1993 by the Planning Commission. C. That the establishment, maintenance, and operation of the use applied for will, 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 and will be a detriment to the property and improvements in the neighborhood of the subject property, and to the general welfare of the City of Tustin as evidenced by the following findings: 1. The subject site is located in close proximity to Tustin High School and is adjacent to multiple family residential development. The closest path for pedestrain traffic between the high school and the proposed convenience market would be on Bonita Street, through the residential district. Increased pedestrain traffic on this residential street could negatively impact the welfare and comfort of persons residing in the neighborhood.. Furthermore, Bonita Street is not improved with continuous sidewalks. Therefore, students would be forced to walk in the street which would cause conflict with vehicluar traffic and threaten the safety of the students. Attachment A I11 11 13 14 15 16 17 18 20 21 22 23 24 25 26 27 Resolution No Page 2 3121 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 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 would result in the following: a. Cast-off food and beverage packaging would increase the potential for litter in the neighborhood. Increased litter would contribute to the further deterioration of the neighborhood. b. The potential sale of auto related items in the proposed convenience market would result in the potential use of the parking lot for automobile repair. 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. C. Loitering in the area of the proposed convenience market would result in the potential for graffiti vandalism in the neighborhood. Increased occurrence of graffiti would increase the blight in the neighborhood. 3. Convenience markets previously approved in the South Central Redevelopment Project Area sell specialty items only, such as produce and ethnic food products. These establishments have products selected to cater to the surrounding neighborhoods. 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 auto related items for off-site use. The combination of items sold at the 2 3 4. 5' 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Resolution No. 3121 Page 3 proposed convenience market which includes a combination of food, beverage, magazines and auto related items are not designed to cater to the persons residing in the surrounding neighborhood, and would provide no immediate benefit to the surrounding residents. 4. The policy of the Planning Commission and City Council is to restrict the proliferation of convenience markets pursuant to Ordinance No. 981. Twenty- two convenience markets and ten grocery/drug stores over 15,000 square feet in floor area are located within one mile of the proposed convenience market. As the proposed convenience market does not provide specialty items selected to cater to the surrounding neighborhoods, approval of the subject use could potentially promote the proliferation of convenience markets. II. The Planning Commission hereby denies Conditional Use Permit No. 93-006 to denying authorization to establish a convenience market at the property located at 13882 Newport Avenue, Suite D. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 8th day of March, 1993. MAR ASA Chairpe on -ri1..� ���^.[� ism✓ KATHLEEN CLANC Secretary 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23� 24 25 26 27 28 Resolution No. 3121 Page 4 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, KATHLEEN CLANCY, the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3121 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 8th day of March, 1993. /� � 97-e'� KATHLEEN Recording Secretary BCS:br\93006 ATTACHMENT B PLANNING COMMISSION MINUTES MARCH 8, 1993 Attachment B Planning Commission Minutes March 8, 1993 Page 8 Commissioner Baker moved. Weil seconded to approve Variance 92-011 by adopting Resolution No. 3120 as revised to add "and be maintained in a weed free manner" to Item 2.5 renumbered from 2.6. Motion carried 5-0. Commissioner Stracker noted that this was on the edge of being a hardship due to the length of time allowed; and that anything longer should be looked at more closely. Commissioner Weil noted that the Commission has set a precedent in the past for this type of issue; that it is a good temporary use; and asked the applicant to keep it in good condition. 4. Conditional Use Permit 93-006 APPLICANT: MR. HAMID RASHIDIAN 1 WEEPING WOOD IRVINE, CA 92714 LAND OWNER: MR. ELDON PRIMROSE 4823 SURREY DRIVE CORONA DEL MAR, CA 92625 LOCATION: 13882 NEWPORT AVENUE, SUITE D ZONING: COMMERCIAL GENERAL (CG) DISTRICT, SOUTH CENTRAL REDEVELOPMENT PROJECT AREA ENVIRONMENTAL STATUS: THIS PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT (CLASS 1) PURSUANT TO THE PROVISIONS OF SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. REQUEST: AUTHORIZATION TO ESTABLISH A CONVENIENCE MARKET WITHIN AN EXISTING TENANT SPACE Recommendation - It is recommended that the Planning Commission adopt Resolution No. 3121 denying Conditional Use Permit 93-006. Presentation: Becky Stone, Assistant Planner Commissioner Butler asked if this was the same location where a dry cleaner was recently approved; and if video games were requested. Staff member Stone affirmed regarding the dry cleaners; and that video games were allowed under a CUP. The Director commented that the Business License Section regulates the number of pinball machines if there is less than five (5); more than five machines requires a CUP. Planning Commission Minutes March 8, 1993 Page 9 Staff noted that the Commission has the discretion to add conditions to a CUP that coin operated games be prohibited. The Public Hearing was opened at 7:46 p.m. Hamid Rashidian, applicant, stated there are no dirty magazines, open food, drinks or alcoholic beverages, and carpet in the store; they are far from schools; requested that the store be inspected for cleanliness; that he requires the packaged foods to increase his business; that his wares are 90% retail, and 5% packaged; that in this economic time, he would like the ability to increase his sales; that since the 1987 decision to limit convenience stores, two have been opened, and he would like to be the third; that most local residents would like packaged foods available; that he would like the City to support efforts to improve business. He presented maps of the area noting that students cannot walk past his store; that there would be 20-30 cars per day on Bonita Street. Commissioner Weil asked if the applicant was already in business; and what he sells now. Mr. Rashidian replied that he opened approximately four (4) weeks ago; that he sells small toys, detergents, etc.; that it does not draw enough customers; that, if he cannot put packaged foods in, he will have to close this location; that his other store in orange did not require a permit for food. The Director stated that the store is similar to a 98 cent store; that the applicant was informed of the CUP process required to open a convenience store. However, rather than waiting, he opened the business for those items he is currently selling; that it is the applicant's justification that he needs a convenience type of operation to make his business successful; that there has been previous Planning Commission concern that all the strip centers not become convenience centers. Commissioner Kasalek asked if once approval has been given for a convenience store, the applicant would have a right to add other food items at will in the future. The Director affirmed. Commissioner Stracker asked if deli -type sandwiches could be sold. The Director replied that if the store has less than 15,000 square feet and is not considered a restaurant/deli, it is considered a convenience store. Planning Commission Minutes March 8, 1993 Page 10 Mr. Rashidian stated that he would not be selling any sandwiches. Commissioner Weil stated that if the market is sold to another party, the next owner is not bound by the applicant's promises; that the rules are not specific enough to disallow sandwiches, but allow packaged foods for sale. Mr. Rashidian asked if there was a way to confirm his statements in writing. Commissioner Butler asked if the owner's approval had been received. Mr. Rashidian affirmed. Mark Haszada, associate of Mr. Rashidian, noted that he is working with the applicant to increase sales; that the applicant has spent $80-85,000 to open the business; that a convenience store has soft drinks and open food items and a retail store like a 98 cent store has packaged items; and asked what was the difference to the City. Staff replied that the applicants current operation is like a dime store, with general retail sales. A convenience facility could be like a 7-11. It was explained that a CUP does not discriminate between the types of food sold. The Public Hearing was closed at 7:58 p.m. Commissioner Butler stated.that he wished there was a way to define the use other than as a convenience store; asked if a restriction could be made to allow packaged foods only; that he did not want alcohol and video machines which promote loitering; that any students traveling past his store would probably pass Shirley's Market first; that he is not sure the additional parameters would help the business; that the financial portion is not of the Commission's concern; and asked if the Commission could restrict a convenience store, or must it be denied. The Director replied that the CUP allows the Commission to restrict operations with conditions, but they become enforcement nightmares; that the City has had a tremendous amount of experience with convenience markets; that in 1987 the City adopted an ordinance to address the issue; that convenience markets have an impact on deteriorating strip centers; that the Planning Commission previously had concerns that there were more than adequate convenience markets in the area; that staff wants to be sensitive to the applicant, but recognize what might be best for land uses in the area and that the Planning Commission has also previously Planning Commission Minutes March 8, 1993 Page 11 placed restrictions prohibiting convenience markets on or near new site developments north of E1 Camino along Newport Avenue. Commissioner Weil agreed with the Director since convenience markets have a tendency to attract more traffic and loitering; that the Police Department has had problems with convenience markets; that it is the Commission's business to make sure what is planned for the City has a chance to work; and that they must consider the welfare of the whole City. Commissioner. Baker noted that the strip centers are a difficult place to market; that it is the applicant's responsibility to be aware of the market; that the applicant was made aware by the City; and he has decided to go with staff's recommendation. Commissioner Stracker stated that he was concerned about the amount of traffic generated by a deli included in a convenience market and loitering; suggested the applicant choose an upscale product to sell; that he would like to see the business succeed, but not at the expense of problems that could be created. Commissioner Kasalek stated that she was concerned about the changes which might occur due to demand from patrons; that what he is told today about improving the business might change in the future; that a commitment was given to the neighbors not to allow that type of business there, and that it is important to leave the type of business as is. Commissioner Butler moved to' revise Resolution 3121 by placing restrictions on the applicant concerning hours of operation, no video or electronic games, no alcohol or soft drink dispensers, no deli items and restricting the Conditional Use Permit to this applicant only, in an attempt to approve the Conditional Use Permit. Motion died for lack of a second. The Director stated that a CUP could not be immediately revoked, due to a due process procedure which takes at least 30 days. John Shaw, City Attorney, stated that it was not possible to restrict the CUP to this Lpplicant as a CUP runs with the land. Commissioner Weil moved. Baker seconded to adopt Resolution No. 3121, denying Conditional Use Permit 93-006. Motion carried 5-0. Commissioner Kasalek asked if the Chamber of Commerce works with new owners. C Planning Commission Minutes March 8, 1993 Page 12 The Director replied that the Chamber of Commerce referred businesses to the Orange County Small Business Center. Commissioner Butler suggested the applicant pursue an avenue of changing the definition of a convenience store. Commissioner Kasalek suggested contacting staff for guidance and options and wished them well. NEW BUSINESS: 5. Sian Code Exception 92-007 APPLICANT: TARBELL REALTY 1403 N. TUSTIN AVENUE SANTA ANA, CA 92701 LANDOWNER: MR—AND MRS. JAMES LONDON 1360 WEST•6TH STREET, #305 SAN PEDRO, CA 90732 LOCATION: 12841 NEWPORT AVENUE ZONING: PLANNED COMMUNITY (PC) DISTRICT, NEWPORT - WARREN PLANNED COMMUNITY ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT FROM THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, PURSUANT TO SECTION 15311 (CLASS 11) REQUEST: TO PERMIT THE INCREASE OF THE MAXIMUM SIGN SQUARE FOOTAGE OF THE TENANT SIGN AREA FROM SIX (6) SQUARE FEET TO .A MAXIMUM OF 10.25 SQUARE FEET IN CONJUNCTION WITH A TENANT DIRECTORY MONUMENT SIGN Recommendation - It is recommended that the Planning Commission approve Sign Code Exception 92-007 by adopting Resolution No. 3123, as submitted or revised. Presentation: Dan Fox, Senior Planner Commissioner Weil asked if individual buildings would have numbers; and if they were not requesting separate signage. Staff affirmed. Commissioner Butler asked if a placket sign was acceptable. Staff member Fox affirmed and that window and directory signs are allowed. RECEIVEv To: Becky Stone MAR 1 1 1993 Date: 3-11-93 From: Hamid Rashidian COMMUNITY DEVELOPMENT BY Subject: Food Permit I appeal planning commition decision to deny condition permit C.U.P. 93-006. The "Most Item 980" store which I own it and is located in 13882 New port Ave, is not a convenience market and I am not asking to issue food permit for a conve- nience market. Compare to a convenience store which provides poronography magazines, alcoholic beverages, video games and sells open food as sandwich, hot dogs, popcorn and soft self drinks, this store established as a 980 store. Most items that we sell are toilet papers, laundry detergents, shampoo and different cleanser of all kind, kitchen supplies, bathroom supplies, school supplies, office supplies, toys and cosmetics. All I am asking is a permit for pre-packaged food and can drinks. I appreciate your cooperation in this matter. Enclosed is two different copies of Orange County Health Care Agency Construction Guide for food facilities which indicates, 1"Under 25' of pre-packaged food sales plus related areas (restroom and storage) does not require a food permit. 2 there is food permit for prepakaged food 3 food permit for open food the as sandwiches and self i drinks Yours Hamid Rashidian Attachment C n^n VWTFM(IF. MARKET ADDRESS YEAR EBT. CUP* FEET MILES Shirley's Market 725 E1 Camino 1981 n/a 600 .11 Arco 14244 Newport 1973 n/a 1900 .36 Thrifty Food Stores 14121 Newport 1988 87-24 1900 .36 Mobil Station 13891 Redhill 1980 n/a 2300 .43 Circle K 115 N. Prospect 1979 n/a 2500 .47 Shell Station 13872 Redhill 1964 n/a 2500 .47 John's Chevron 14082 Redhill 1987 87-06 2700 .51 Ray's Mobil 14391 Newport 1992 92-09 2750 .52 Circle K 14090 Redhill 1979 n/a 2800 .53 Jolly Jug Liquor 13838 Redhill 1968 n/a 2800 .53 Fast Stop Market 17311 McFadden pre'86 n/a 2900 .59 Mini Produce 17292 McFadden 1991 91-23 3100 .59 Ranch Market 14441 Newport 1992 92-26 3100 .59 7 -Eleven 14460 Newport 1986 n/a 3100 .59 Super Stop 395 W. First 1986 n/a 3100 .59 7 -Eleven 610 W. First 1982 n/a 3400 .64 Circle K 17102 Newport 1986 n/a 3800 .72 Roger's Chevron 14501 Redhill 1970 n/a 4000 .76 Rolf's Wines & Spirits 1035 Irvine 1956 n/a 4500 .85 Heritage House 151 N. TustinJq1979 n/a 4800 .90 Bradley's Liquor 12932 Newportn/a 4850 15150 .92 Circle K 12892 Newportn/a .97 *Ordinance .981, requiring a CUP for convenience market, was adopted 5-4-1987 Attachment D GROCERY/DRUG STORE ADDRESS FEET MILES Vons 550 E. First 1600 .30 Thrifty Drug Store 630 E. First 2200 .42 Stater Brothers 14171 Redhill 2600 .49 Drug Emporium 13852 Redhill 2800 .53 Sav-On Drugs 671 E. First 2900 .55 Lucky 13270 Newport 3100 .59 Diho Market 1112 Walnut 3300 .63 Irvine Farmer's Market 13152 Newport 3800 .72 Alpha Beta 14551 Redhill 4100 .78 Ralph's 1140 Irvine 4400 .83 Long's Drug (future) 1204 Irvine 4500 .85 Tustin City Council City of Tustin 15222 Del Amo Avenue Tustin, California 92680 Subject: Conditional Use Permit 93-006. Tustin City Council 3- Gc -rd (-,0 e -v Terry R. Vincent- 1052 incent1052 D Walnut St. Tustin, California 92680 (714)669-0178 March .1, 1993 In response to the public hearing notice for March 3, I would like to express my concerns before granting another conditional use permit. As one can figure from the address above, I live within close proximity of several businesses. During the general business hours I have no complaints. However, the neighborhood has had to deal with maintenance activity at any hour of the night. I'm talking about leaf blowers at 3 AM. I am confident I can find a leaf blower somewhere within Tustin during the hours of IOPM and 7AM, even though, Tustin has codes that disapprove of such disrespectful activity. Try and get help from the police and they just laugh at you. Therefor, I am concerned when there might be another business moving into the neighborhood. Especially when it might be the type that produces quantities of trash and has midnight deliveries. Please, think of this business moving into your backyard before granting this use permit. Thank you for your time. Terry R. Vincent Attachment E 2 RESOLUTION NO. 93-31 311 A RESOLUTION OF THE CITY COUNCIL OF THE CITY 4 OF TUSTIN UPHOLDING THE PLANNING COMMISSION'S DENIAL OF CONDITIONAL USE PERMIT 93-006, A REQUEST TO ESTABLISH A CONVENIENCE MARKET 5 WITHIN AN EXISTING TENANT SPACE AT THE 6 PROPERTY LOCATED AT 13882 NEWPORT AVENUE, 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: 10 A. That a proper application, Conditional Use Permit 93-006, was filed by Mr. Hamid Il Rashidian to establish a convenience market at the property located at 13882 Newport Avenue, 12 Suite D, Tustin, California. 13 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 by the City Council. 22 E. That the establishment, maintenance, and 23 operation of the use applied for will, under the circumstances of this case, be detrimental 24 to the health, safety, morals, comfort, or general welfare of the persons residing or 25 working in the neighborhood of such proposed use and will be a detriment to the property 2G and improvements in the neighborhood of the subject property, and to the general welfare 27 of the City of Tustin as evidenced by the following findings: 28 W 3 4 6 7 8 9 10 11 12 13. 14', 15 16I 17 18 19 20 21 22 23 24 25 27 9.3 Resolution No. 93-31 Page 2 1. The subject site is located in close proximity to Tustin High School and is 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. 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. 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 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 would result in the following: a. Cast-off food and beverage packaging would increase the potential for litter in the neighborhood. Increased litter would contribute to the further deterioration of the neighborhood. b. The potential sale of auto related items in the proposed convenience market would result in the potential use- of the parking lot for automobile repair. 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. 2 3 4 5 6 8 9 10 it 14 15 16 17 18 21 22 23 24 25 27 RR Resolution No. 93-31 Page 3 C. Loitering in the area of the proposed convenience market would result in the potential for graffiti vandalism in the neighborhood. Increased occurrence of graffiti would increase the blight in the neighborhood. 3. Convenience markets previously approved in the South Central Redevelopment Project Area sell specialty items only, such as produce and ethnic food products. These establishments have products selected to cater to the surrounding neighborhoods. 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 auto related items for off-site use. The combination of items sold at the proposed convenience market which includes a combination of food, beverage, magazines and auto related items are not designed to cater to the persons residing in the surrounding neighborhood, and would provide no immediate benefit to the surrounding residents. 4. The policy of the Planning Commission and City Council is to restrict the proliferation of convenience markets pursuant to Ordinance No. 981. Twenty- two convenience markets and ten grocery/drug stores over 15,000 square feet in floor area are located within one mile of the proposed convenience market. As the proposed convenience market does not provide specialty items selected to cater to -the surrounding neighborhoods, approval of the subject use could potentially promote the proliferation of convenience markets. II. The City Council hereby upholds the Planning Commission's denial of Conditional Use Permit No. 93-006, a request to authorize the establishment of a convenience market at the property located at 13882 Newport Avenue, Suite D. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 i Resolution No. 93-31 Page 4 PASSED AND ADOPTED by the City Council of the City of Tustin on the 5th day of April, 1993. LESLIE ANNE PONTIOUS Mayor MARY E. WYNN City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF TUSTIN 1 CERTIFICATION FOR RESOLUTION NO. 93-31 MARY E. WYNN, City Clerk and ex -officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is 5; that the above and foregoing Resolution No. 93-31 was duly and regularly introduced, passed, and adopted at a regular meeting of the Tustin City Council, held on the 5th day of April, 1993. COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER:ABSENT: BCS:br\93006 MARY E. WYNN City Clerk