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HomeMy WebLinkAboutPC RES 3763 2 3 4 5 6 7 8 9 I. 10 11. 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 26 27 28 29 RESOLUTION NO. 3763 A RaSOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUStiN APPROVING CONDITIONAL USE PERMIT 00-032 AUTHORIZING ESTABLISHMENT OF A CONVENIENCE MARKET WITijlN A 3,159 SQUARE FOOT TENANT SPACE WITHIN THE RETAIL CENTER LOCATED AT 688 EL CAMINO REAL The Planning Commission does hereby resolve as follows: \ The Planning Commission finds and determines as follows: A. That a proper application for Conditional Use Permit 00-032 was filed by Mike and Frances Zelig requesting authorization to establish a convenience market for pre-packaged foods, fresh foods and meats, delicatessen foods and sundries within a retail center located at 688 EI Camino Real. B. Pursuant to Tustin City Code Section 9233(c)(aa), convenience markets are permitted within the Central Commercial (C-2) zoning district with approval of a conditional use permit. C. That the proposed use is consistent with the General Plan and Tustin City Code in that the property is designated as "Old Town Commercial" and zoned "Central Commercial" which allows 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. D. That a public hearing was duly called, noticed and held on said application on December 11 , 2000 by the Planning Commission. E. That the establishment, maintenance and operation of the proposed convenience 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: . As conditioned, the use would be limited to the sale of pre-packaged foods, fresh foods and meats, delicatessen foods and sundries; 2 Planning Oommission Resolution No. 3763 Page 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 II. 25 26 27 F. G. . The convenience market would be located in a commercial center and is separated by Sixth Street from the residential uses to the south. As conditioned, loading and unloading of deliveries would not impact residential uses in proximity to the site; . The center in which the market is located has ample parking and the intended use will not have a significant impact on parking available. . As conditioned, the proposed hours of operation would be compatible with other commercial and restaurant uses in the center; . No alcoholic beverages would be offered at the market; . The market would provide for convenient shopping in the neighborhood by offering packaged foods, fresh foods and meats, delicatessen foods and sundries; and, . No exterior public phones would be installed in conjunction with this use that would promote loitering in the area. In addition, as conditioned, the proposed use is compatible with uses in the surrounding area and will not be injurious or detrimental to property 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 with surrounding commercial uses. The Commission finds that the proposed use will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole. The project is Categorically Exempt (Class 1) pursuant to Section 15301 of the California Quality Act The Planning Commission hereby approves Conditional Use Permit 00-032 to establish a convenience market within a 3,159 square foot tenant space located at 688 EI Camino Real, subject to the conditions contained in Exhibit A attached hereto. 28 29 PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 11th day of December, 2000. 1. Planning Cqmmission Resolution No. 3763 2 Page 3 5 ~?dd ~~L 6 ELIZABETH A. BINSACK 7 Planning Cc)mmission Secretary ~ZAK Chairperson 3 4 8 9 10 11 STATE OF CALIFORNIA) COUNTY OF ORANGE) 12 CITY OF TUSTIN ) 13 14 I, ELiZABaTH A. BINSACK, the undersigned, hereby certify that I am the Planning Commissioln Secretary of the Planning Commission of the City of Tustin, California; that 15 Resolution. No. 3763 was duly passed and adopted at a regular meeting of the Tustin 16 Planning Commission, held on the 11th day of December, 2000. 17 18 &:~~/e- 19 ELIZABETH A. BINSACK 20 Planning Commission Secretary 21 22 23 24 25 26 27 28 29 GENERAL (1) 1.1 (1) 1.2 (1) 1.3 (1 ) 1.4 (1 ) 1.5 (1 ) *** EXHIBIT A CONDITIONAL USE PERMIT 00-032 CONDITIONS OF APPROVAL 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. 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. Approval of Conditional Use Permit 00-032 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. The applicant shall hold harmless and defend the City of Tustin from all claims and liábilities 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. 1.6 The applicant shall be responsible for costs associated with any necessary code enforcement action. 1.7 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 a.s part of such review to protect the public health, safety, community aesthetics and general welfare. ------------------------------------------------------------- ~RCE CODES (1) ST~NDARD CONDITION (5) RESPONSIBLE AGENCY (2) CEQA MITIGATION REQUIREMENTS (3) UNIFORM BUILDING CODEIS (6) LANDSCAPING GUIDELINES (4) DESIGN REVIEW (7) PC/CC POLICY *** EXCEPTIONS Exhibit A CUP 00-032 Page 2 ~ *** (7) *** *** (7) *** *** 2.1 2.2 2.3 2.4 2.5 2.6 (1 ) (2) *** The subject location shall be used for the sale of merchandise only. No services shall be permitted. Merchandise shall be limited to the following: prepackaged foods, and sundries, fresh foods and meats and delicatessen foods. 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 TCC Section 9233(c)(v)(1). The public entrance/exit to off-site beverage sales establishments (ABC Type 20 License) must be a minimum of six hundred (600) feet from adjacent church properties and existing on-site sales establishments. The building's entrance is approximately 150 feet from an existing bar to the west at 670 EI Camino Real and approximately three hundred (300) feet from an existing church to the west at 655 B Street. Hours of operation shall be limited to 6:00 a.m. through 11 :00 p.m. Deliveries to the convenience store 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. 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. 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 may be located in the interior of the premises. No games may be located on the exterior of the premises. 2.7 Exterior public pay telephones shall be prohibited and interior public pay phones shall be programmed to prevent incoming calls. 2.8 No outdoor storage shall be permitted except as approved by the Director of Community Development. 2.9 Outside address speakers, telephone bells, buzzers, and other similar devices, which are audible from adjoining properties, shall be prohibited. 2.10 Signs shall be posted conspicuously in the parking areas prohibiting loitering and overnight parking. Exhibit A CUP 00-032 Page 3 (5) 2.11 All business activity, sales, displays or other business activities shall be conducted entirely within the subject building. *** 2.12 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. (1) . 2.13 The premises shall be maintained continuously in a clean and healthy condition.