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HomeMy WebLinkAboutPH 2 USE PERMIT 86-6 03-17-86 ..... ~ .... PUBLIC HEARING Corn DATE: NARC. 17, 1986 ~~~ TO: FROM: SU BJ ECT: HONORABLE IGYOR AND CITY COUNCIL COliDIUNITY DEVELOPHENT DEPART)qENT APPEAL OF PLANNING COltqISSION DENIAL OF USE PEP. HIT 86-6 APPLICANT: LA HANCHA DEYELOPHENT CO. 11440 SAN ¥INCENTE BLVD. LOS ANGELES, CA. 90049 LOCATION: 13842 NEWPORT AVENUE, UNIT A REQUEST: TO AUTHORIZE AN OFF-SITE BEER AND WINE SALES LICENSE AT 13842 NEWPORT AVENUE, UNIT A. RECOICHENDED ACTION: Pleasure of the Council. SURURY: La Mancha Development has applied for this off-site beer and wine sales license on behalf of Seven-Eleven stores. The proposed location for this Seven-Eleven is to be in Unit A of the La Mancha Center which is currently under construction at 13842 Newport Avenue at Walnut Street. As is typical with most convenience markets, Seven-Eleven proposes to sell a variety of grocery items. Currently, Tustin has four (4) Seven-Elevens: (1) 16791 McFadden Street, (2) 15202 Williams Street, (3) 14460 Newport Avenue, and (4) 610 W. First Street. All of these locations have obtained a license for off-site beer and wine sales. To be consistent in the services provided and to maintain the corporate image that Seven-Eleven has established, La Mancha Development Company is requesting authorization for an off-site beer and wine sales license so that Seven-Eleven can locate in their new shopping center. All Seven-Eleven stores are open 24 hours a day as will this proposed location. ANALYSIS AMD CONCLUSIONS: The proposed location for this market is within 600 feet of Tustin High School and C. C. Lambert Elementary School. The shopping center is in an area that is heavily used by students who walk to and from Tustin High School (see Exhibit "A"). Staff has raised concerns regarding the possiblities of loitering and truancy due to the availability of alcoholic beverages and video machines which are usually present in Seven-Eleven stores. City Council Report March 17, 1986 page two The Tus%in Police Department has been contacted for their comments regarding this application. Although they have not compiled any statistics which involve teenagers and alcohol, they do experience problems with truancy and loitering at other convenience markets in Tustin. Tustin Unified School District, Tustin High School and C. C. Lambert Elementary School have been contacted in regards to this Use Permit. However, both the District and the school principals decline to comment in favor or opposition of this request. As evidenced by the attached copies of letters sent to Alcoholic Beverage Control and the Tustin Planning Commission, Parents Who Care and a local resident strongly oppose this request for off-site alcoholic beverage sales. This oposition is based upon the proposed market's proximity to Tustin High School (within 600'-) and to residentially used and zoned properties (less than 100'). This public hearing was held on February 24, 1986 and due to the comments and information received regarding this application, The Planning Commission denied Use Permit 86-6 based upon the following findings: 1) That an alcohol'ic beverage sales establishment is inappropriate at this location due to its proximity to C. C. Lambert Elementary School and Tustin High School; 2) That an alcoholic beverage sales establishment at this location is inappropriate due to its proximity (less than 100') to residential properties and the conflicts of increased noise and loitering. LAURA PICKUI Assistant Planner .LP:pf Attachments: Exhibit A Letters of Opposition Enclosed: Site Plan Community Development Department EXHIBIT A PATH TO SCHOOL 7-11 LOCATION 0 ~o/ I · ,I SCALE TUSTiN. CA gzeel January 30, 1986 Hr. Ken Kelly District Administrator Alcohol Beverage Control 28 Civic Center Plaza, Room 369 Santa Ana, California 92701 Dear Mr. Kelly: It has come to our attention that application has been made for a license to allow off-site sales at a new fast- service market to be located at Walnut Street and Newport Avenue in the city of Tustin. PARENTS WHO CARE urges that this request be denied in view of the location in relation to Tustin High School. Sihcerely, Ethel D. Rey~ds Co-Founder EDR:mm cc: /~nspector Wright, ABC Mrs, Peggy Lynch, Principal, Tustin High School Dr. Maury Ross, Superintendent,TUSD School Board Members, TUSD TUSTIN P.O BOX 3186 TUSTIN, CA Planning Commission City of Tustin 300 Centennial Way Tustin, California. 92680 January 30, 1986 Dear Commissioner: It has come to our attention that request for a condi- tional use permit has been submitted to the Commission by a fast-service mini-market proposed at the location of Walnut Street and Newport Avenue in Tustin, and that application for a liquor license is planned. We urge you to deny permit for the off-site sale of alcoholic beverages at this location because of its proximity to Tustin High School. Our main concern, of course, is that the monitoring of sales to the adolescent is typically so very difficult in the mini-mart situation. You know, too, that we feel that the number of licenses should be limited to the needs of the community. Tustin does not need. another off-site sales location. Thank you for your consideration of our position. Sincerely, Ethel D. Co-Founder EDR:mm cc: /Mr. Ken Kelly, ABC Mrs. Peggy Lynch, Principal, Tustin High School Dr. Maury Ross, Superintendent, TUSD School Board Members, TUSD