Loading...
HomeMy WebLinkAboutPC RES 3747 RESOLUTION NO. 3747 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN APPROVING CONDITIONAL USE PERMIT 00-017 AUTHORIZING ESTABLISHMENT OF A CONVENIENCE MARKET WITHIN A 1,600 SQUARE FOOT TENANT SPACE (SUITE K) WITHIN THE RETAIL CENTER LOCATED AT 17292 MCFADDEN AVENUE. The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: ~o A. That a proper application for Conditional Use Permit 00-017 was filed by Ana Silva to request authorization to establish a convenience market n for packaged food and produce within a retail center located at 17292 McFadden Avenue (Suite K). [2 ~3 B. Pursuant to Tustin City Code Section 9232(b)(p), convenience markets are permitted within the Retail Commercial (C-1) zoning district with ~4 approval of a conditional use permit. ]5 C. That the proposed use is consistent with the General Plan and zoning ~6 code in that the property is designated as "Community Commercial" and zoned "Retail Commercial "which allows for the establishment of ~? commercial uses. ]8 D. That a public hearing was duly called, noticed and held on said 29 application on August 28, 2000 by the Planning Commission. 20 E. That the establishment. maintenance and operation of the proposed 2~ convemence market will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of 22 the persons residing or working in the neighborhood of such proposed 23 use, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of 24 the City of Tustin in that: 25 · As conditioned, the use would be limited to the sale of produce, 26 pre-packaged foods and phone cards. · The convenience market would be located in a commercial 27 center and is separated by Walnut Avenue from the residential 2s uses to the south. As conditioned, loading and unloading of deliveries would not impact residential uses in proximity to the 29 site; · As conditioned, the proposed hours of operation (6:00 a.m. to 11:00 p.m.) would be compatible with other commercial and restaurant uses in the center; Resolution No. 3747 Page 2 2 3 · No alcoholic beverages would be offered at the market; · The market would provide for convenient shopping in the ~ neighborhood by offering produce and packaged food; and, · No exterior public phones would be installed in conjunction with 5 this use that would promote loitering in the area. 6 In addition, as conditioned, the proposed use is compatible with uses in 7 the surrounding area and will not be injurious or detrimental to property 8 or improvements in the vicinity or to the welfare of the City in that the nature, operation and scale of the convenience market is compatible 9 with surrounding commercial uses. ~o F. The Commission finds that the proposed use will not impair the orderly n and harmonious development of the area, the present or future development therein, o.r the occupancy as a whole. 13 G. The project is categorically exempt (Class 1 ) pursuant to Section 15301 of the California Quality Act. In addition, the project has been reviewed ~4 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 ~5 Quality Su b-Element. 16 II. The Planning Commission hereby approves Conditional Use Permit 00-017 to ~? establish a convenience market within a 1,600 square foot tenant space ~s located at 17292 McFadden Avenue, Suite K, subject to the conditions contained in Exhibit A attached hereto. 19 PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 28th day of August, 2000. v. KO K h 24 ELIZABETH A. BINSACK 25 Planning Commission Secretary . 26 27 =s STATE OF CALIFORNIA ) COUNTY OF ORANGE ) :9 'CITY OF TUSTIN ) I, ELIZABETH A. BINSACK, the undersigned, hereby certify that am the Planning Commission Secretary of the Planning Commission of the City of Tustin, California; Resolution No. 3747 Page 3 that Resolution No. 3747 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 28'n day of August, 2000. ELIZABETH A. BINSACK '7 Planning Commission Secretary ]0 ]4 20 22 23 24 25 28 EXHIBIT A CONDITIONAL USE PERMIT 00-017 CONDITIONS OF APPROVAL RESOLUTION NO. 3747 GENERAL (1) ~1.1 The proposed use shall substantially conform with the submitted plans for the project date stamped on the date of approval 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. (1) 1.2 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. (1) 1,3 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. (1) 1~4 Approval of Conditional Use Permit 00-017 is contingent upon the applicant' and property owner signing and returning an "Agreement to Conditions Imposed" form as established by the Director of Community Development. (1) 1.5 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. (1) 1.6 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) 1.7 The applicant shall be responsible for costs associated with any necessary code enforcement action. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY (2) CEQA MITIGATION REQUIREMENTS (3) UNIFORM BUILDING CODES (6) LANDSCAPING GUIDELINES (4) DESIGN REVIEW (7) PC/CC POLICY *** EXCEPTIONS Exhibit A Resolution No. 3747 August 28, 2000 Page 2 *** 1.8 Conditional Use Permit 00-017 may be reviewed annually or more often, if deemed necessary by the Community Development Department, to ensure compliance with the conditions contained herein. Additional conditions may be recommended to the Planning Commission to mitigate any negative impacts resulting from the business operations not contained within the scope of this permit. PLAN SUBMITTAL (1) 2.1 Tenant improvements may require obtaining a building permit. At plan check, submit four (4) sets of construction plans and two (2) sets of Title 24 energy calculations for any tenant improvements to the Building Division for review and approval prior to the issuance of a building permit. (1)(3) 2.2 Indicate on the title sheet the applicable codes, City, state and federal laws and regulations to include: · 1998 California Building Code (CBC); · 1998 California Mechanical Code (CBC); · 1998 California Plumbing Code (CBC); and, · 1998 California Electrical Code (CEC). (3) 2.3 The submitted plans shall indicate that restrooms are accessible to persons with disabilities as per State of California Accessibility Standards (Title 24). (3) 2.4 If proposed, provide cross-sections and details for all proposed partition walls. (3) 2.5 Plumbing fixture units are required to comply with the 1998 California Building Code Appendix Chapter 29, as per type of group occupancy, or as approved by the Building Official. (3) 2.6 At Building Plan Check, indicate any new fixtures or equipment to be located on the roof or exterior of the building, and the associated equipment heights and dimensions. The building parapet should be an integral part of the building design, and should screen all roof mounted equipment. All roof-mounted equipment and vents should be a minimum of six inches below the top of the parapet. All exhaust vents shall be minimum of ten (10) feet from any fresh air intake. (3) 2.7 A level floor or landing shall be provided at all doors. This area shall have a minimum length of 60 inches in the direction of the door swing and 48 inches in the opposite direction of the door swing. Exhibit A Resolution No. 3747 August 28, 2000 Page 3 (1)(3) 2.8 Note on the plans that no field changes shall be made without prior approval from the Building Official and architect or engineer of record. (5) 2.9 Prior to building permit issuance or initiation of sales of merchandise, clearance from the Orange County Health Department will be required. (1)(3) 2.10 Provide a note on the plans stating that, '~/ehicle parking, the primary entrance to the building, the primary paths of travel, cashier space, sanitary facilities, drinking fountain(s), and public telephones shall be accessible to persons with disabilities." (3) 2.11 Parking for disabled persons shall be provided with an additional five (5) foot loading area with striping and ramp; disabled persons shall be able to park and access the building without passing behind another car. At least one (1) accessible space shall be van accessible served by a minimum 96 inch wide loading area. SIGNS (4) 3.1 Prior to issuance of a Certificate of Occupancy, complete sign plans shall be submitted and approved by the Community Development Director which address all proposed wall, directional, and address signs. The sign plans shall include dimensions, materials, colors, and method of illumination. USE RESTRICTIONS *** 4.1 The subject location shall be used for the sale of merchandise only. No services shall be permitted. Merchandise shall be limited to the following: fruit and vegetables, prepackaged snack foods, tortillas, spices, sodas, and phone cards. Sale of any other types of merchandise including cigarettes, cigars, dip, snuff, and other tobacco products is prohibited. Any modifications to the merchandise to be sold or services to be offered require approval of the Community Development Department: (7) 4.2 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 residential properties set forth in TCC Section 9232(B)(p): The public entrance/exit to off-site beverage sales establishments (ABC Type 20 License) must be a minimum of three hundred (300) feet from adjacent residential properties. The building's entrance is approximately 150 feet from the residential properties to the west, *** 4.3 Hours of operation shall be limited to 6:00 a.m. through 11:00 p.m. EXhibit A Resolution No. 3747 August 28, 2000 Page 4 *** 4.4 Deliveries to the proposed market and convenience store shall be limited to between the hours of 7:00 a.m. to 7:00 p.m. Delivery trucks shall not arrive on site until 7:00 a.m. (7) 4.~i 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. *** 4.6 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, virtua! reality, or coin-token games may be located in the interior of the premises. No games may be located on the extedor of the premises. *** 4.7 Exterior public pay telephones shall be prohibited and interior public pay · phones shall be programmed to prevent incoming calls. *** 4.8 To minimize the potential for criminal actMty, the applicant shall install a drop safe for the cashier and a security camera with a monitor near the front entrance: The camera shall have 24 hour record capabilities. (1) 4.9 No outdoor storage shall be permitted except as approved by the Director of Community Development. (2) 4,10 Outside address speakers, telephone bells, buzzers, and other similar devices, which are audible from adjoining properties, shall be prohibited. *** 4.11 Signs shall be posted conspicuously in the parking areas prohibiting loitering and overnight parking. *** 4.12 Project approval may be reviewed by the Community Development Director every six (6) months from the date of this exhibit to ensure compliance with conditions of approval and to prevent any adverse 'impacts to the surrounding community. The Director may recommend to the Planning Commission modification to the existing conditions or impose new Conditions as part of such review to protect the public health, safety, 'community aesthetics and general welfare. (5) 4.13 All business activity, sales, displays or other business activities shall be conducted entirely within the subject building. *** 4.14 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 proceedings to reduce the likelihood of criminal activity. Exhibit A Resolution No. 3747 August 28, 2000 Page 5 (1) 4.15 The premises shall be maintained continuously in a clean and healthy condition. FEES (1) 5.1 Prior to issuance of any building permits or sign permits payment shall be made of all applicable fees, including but not limited to the following. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. A. Building plan check and permit fees to the Community Development Department based on the most current schedule. B. Orange County Fire Authority plan check and inspection fees to the Community Development Department based upon the most current schedule. (1) 5.2 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 $43.00 (forty three dollars) 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.