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HomeMy WebLinkAboutZA AGENDA REPORT s - „ •uoTgdwnsuoo ao/pua asn a-4Ts-ego • xog p dos aza 'joaxaqq uoT�auTgwoD Aua ao 'sulGIT pagaTa.x 074rna pua auTzabauz 'aba.zaAaq 'poo_T aaetIt+► az-cs uT gaag axanbs (OOO 'ST) puas=o :l uaa-4JT9 aapun -4uamgsTZgaqsa Aua„ : SmOTTo9 sa aaols aouaTuaAuoo a sauTgap apo0 aqy - • (q;ibZ6 uoTgoas apo0 AJTO) -4TIUxaa asn TauoTgTpuOD a oq goaCgns g0Ta4STQ NOD-Ocl aqq uT paMoTTa sT asn pGsodoxd aqs, • a.xanbs sa uMou-{ xa-4uao• TaToa;Duzuaoo -4uau9;-T-4Znux _ 9Tgq uT pagaooT aoads quauaq TTaga.x goof a.zanbs OOE 'T SuTgsTxa ua UT qe1{- xauz aouaTuaauoo a usTTgagsa oq uoTgaziaogqna buTgsanbaa sT JuaoTTdda aqs xozssnosia �R =0"doxoxa ' 8EO--96 gTUl-zaa asn TauoTgTpuoO FuTAo.zdda TOO -G6 u01:10V .zo-4a.x:jsTuTunpV SuTuo2 gdopE aOgSzgsTuTmp-t SuTuoZ aqq gagy Hoisvariamooax •V ZINn 'anxaAV -LUOdMaN ZTZ ET iv aasxo0'I novas rilvLaa JNISSIxa MY KI IHXInM aONaINHAMOD V ao ,LNHNHSirlgvLga SSanba*u sov asl'Ivna 'IvmwmN0-dInNH VIN O-91 ND sHs Os XMASMd (E SSVgD 'E 0 EST NOIZOES) ZdNHXH 7LUgVDIU0:)HjVD =SII. VIS aS Os aaxipmzLaa Nam svH Soaroud SIH.L gVI.NERNOXIANH (NOD-0d) zxlaxaNNOD - aslxr=oo aaNNvga =DNINOZ V SINN 'a=HAY ;LHOdMaN ZTTET =NOIlvooq nsH XMIA =Hssx 5 G T 6 SIO 'XE sid KHUEXNON aAiva asum zavr os 009 'OD MNaPlHf)VXVAr VZVad Vlkrao glq'do �aNMOQNFi'I 08926 vo 'Nlssns E# 'saaass HvfLc rias z9 GT vaooHx afxoaf) =xNvoIzadv 8 E 0-9 6 -LIKxaa asn rivNOISIalloO -1o3rans MXHPuuvdaa miawaoaaAaa AsiNiiwxoo HOsVdssixiwav oximoz :pl ?1�S�� w 0 -a 8 u E G 6 6 T 'g zuvfi v :31 Zoning Administrator Report Conditional Use Permit 96-038 January 6, 1997 Page 2 Site and Surrounding Properties Packer' s Square shopping center is comprised of approximately 60, 000 square feet of leasing area, and is located on the east side of Newport Avenue, south of Irvine Boulevard. The subject tenant space is located at 1.3112 Newport Avenue, Unit A, and is situated on the northerly portion of the center facing the parking lot . Surrounding land uses within the center include a restaurant to the west, retail to the north and east and The Talbot Group medical offices to the south. There are residential uses to the east of the shopping center and office uses to the west, across Newport Avenue.. Pro 'ect Description The applicant proposes to establish a convenience market to provide packaged foods such as cookies, chips, candy, and canned soft drinks in addition to prepared foods such as sandwiches, coffee, meats and cheese, and a self-service drink counter. The applicant does not propose to provide alcoholic beverages for consumption on or off site. The subject tenant space is approximately 20 feet wide and approximately 65 feet long. The cash register counter is at the front of the store, near the entrance door. The plans propose a combination of grocery shelves, deli tables, fountain counter, deli counter, dairy refrigerator, and soda cooler. A storage area and bathroom are located at the rear of the store. Discussion In determining whether to approve a Conditional Use Permit, the Zoning Administrator must determine whether or not the establishment, maintenance or operation of the subject use is detrimental to the health, safety, morals, comfort or general welfare of the persons residing or working in the neighborhood of the subject site and secondly, whether it' will be injurious or detrimental to property and improvements in the neighborhood or the general welfare of the City. 'Based upon the research and review of previous requests for the establishment of convenience stores in the City of Tustin, the primary concerns expressed by the Planning Commission have been related to the concentration of alcoholic beverage sales r Zoning Administrator Report Conditional Use Permit 96-038 January 6, 1997 Page 3 establishments, the concentration and need for separation between convenience markets, safety and security issues, potential lack of maintenance, and loitering. As previously mentioned, the applicant requests to sell packaged foods such as cookies, candy, chips and canned soft drinks in addition to prepared foods such as sandwiches, coffee, meats and cheese, and a self-service drink counter. The applicant does not propose to sell alcoholic beverages . Business hours for the proposed convenience store will be 9: 00 a.m. to 9 : 00 p.m. , Monday through Saturday, and 9: 00 a.m. to 7 :00 p.m. on Sunday. These hours are . consistent with the hours of operation for other businesses within Packer' s Square shopping center. Other convenience markets in the area are operated in conjunction with gasoline service stations. The service station with convenience markets within a 300 foot radius of the subject site are the Chevron station at x.3052 Newport Avenue. This combined gasoline service station and convenience market caters to customers who are fueling their. vehicles . The proposed convenience market would cater to customers of existing• Packer' s Square tenants . The proposed convenience market would not increase the concentration of convenience markets combined with gasoline service stations that cater to customers purchasing gasoline, but would provide packaged foods at a. shopping center where there are no other convenience markets of its- type. Conditions of Approval have been included to prevent any potential problems at the site. A condition that requires the applicant to place a "No Loitering" sign at the entrance to the proposed store has been included. Conditions of Approval regarding potential revocation of the Conditional Use Permit. based on maintenance of sanitary conditions of the proposed convenience store, have been incorporated into the subject Resolution to mitigate any potential maintenance related effects of the proposed use . I•n addition, a condition requiring that the applicant remove any graffiti within 72 .hours of a complaint being transmitted by the City to the property owner has been included to ensure prompt removal of any graffiti at the convenience market . ' The proposed use, as conditioned, will be compatible with the surrounding community. The proposed use will function as an f Zoning Administrator Report Conditional Use Permit 96-038 January 6, 1997 Page 4 - ordinary retail use . The proposed use and business hours are compatible with the surrounding retail commercial and office uses . Since the proposal does not include the sale of alcoholic beverages . the .use is more compatible with the nearby residential community. The Police Department reviewed the request and had no comment. Approval of this Conditional Use Permit will not be detrimental to the character of development in the immediate neighborhood and will be in harmony with the various elements and objectives of the General Plan. This use will occur in an existing retail commercial center, and no exterior modifications .are proposed to the tenant space. Also, the proposed business hours are compatible with the surrounding retail commercial uses . Sara J. Pashalid s Daniel x, AICP Associate Planner Senior Planner Attachments : Location map Attachment A - site plan Attachment B - floor plan Zoning Administrator Action 96-009 LO CATI O N MAP,�_�f L� f ` _rte /i 1 f IF �o J ,�O ryy S F cl V .0 1� o,�y •.`�1 ,1,���ti y 000 '$p'y J'pF � o Fyho� b 1 1 ry1ti O '•' NO SCALE 41 � 31di. A. cc d-- - W II _I II. II I CTI.T - - - - - _— a ----- m A I • z T — eu�w+o o I 13IJ D I - ---------_- .- o--- - a- _ f -�'�.-iTi IT-M i FI �f autono c P A C K E R S C I R C L E F�O o R PL A N EMIL} A,/19-A A 4F 7 09N3 _ �/f-GKE,QS SQ7c/r1RE 5,-a.c /�.- /3 i/1 �t/es✓PoaT 7�rn/(/E-�Us�/n/ �' /�Eh/POQi 9VENUE C+1 SN RFG,sT R Cou�v:ER b G1/AiCR v 0jd5 � Coo L_ER SioRgGE J .,1 7 gu � F cow Zoq �oe,ti ce Soa9 P s Goo tER Coo�2R ZONING ADMINISTRATOR ACTION 97-081 CONDITIONAL USE PERMIT 96-D38 JANUARY 6, 1997 The Zoning Administrator of the City of Tustin does hereby resolve as follows: ' Y . The Zoning Administrator finds and determines as follows : A. That a proper application, Conditional Use Permit 96-038, was filed by George Khooda to authorize the establish- ment of a convenience store excluding the sale of alcoholic beverages within an existing tenant space located at 13112 Newport Avenue. B. That a public hearing was duly called, noticed and held on said application on January 6, 1997 by the Zoning Administrator. C. That the proposed use is allowed in the Planned Community Commercial (PC-Com) Zoning District subject to the approval .of a Conditional Use Permit (City Code Section 9244b) . D. That establishment, maintenance, and operation of the use applied for 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, evidenced by the following findings : 1 . The proposed site is located within an existing multi-tenant commercial center. The use proposed would require no exterior modifications to the tenant space. Furthermore, business hours will be compatible with the surrounding office uses . 2 . The proposed convenience store would not offer alcoholic beverages as part of its business . 3 . The business hours for the proposed convenience store will be 9 : 00 a.m. to 9 : 00 p.m. Monday through Saturday, and 9 : 00 a.m. to 7 : 00 p.m. on Sundays. 4 . The proposed convenience market would be unique in that it would provide packaged foods at a shopping center where there are no other convenience markets of its type. The gasoline service stations with convenience markets in the area generally cater to customers who are fueling their vehicles. 5 . As conditioned, the applicant will post a "No Loitering" sign to ensure the well-being of the Zoning Administrator Action 97-001 January 6, 1997. Page 2 customers of the convenience store and surrounding uses of the center. E. That the establishment, maintenance, and operation of the use applied for will not be injurious or detrimental to the property and improvements in the neighborhood of the subject property, nor to the general welfare of the City of Tustin for the reasons stated above. F. This project has been determined to be Categorically Exempt (Class 3) pursuant to Section 15303 of the California Environmental Quality Act . II . The Zoning Administrator hereby approves Conditional Use Permit 96-038 to authorize the establishment of a convenience store in an existing shopping center located at 13112 Newport Avenue, Unit A, subject to the conditions contained in Exhibit A, attached hereto. PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular meeting held on the 6th day of January,. 1997 . Rick Brown Zoning Administrator Designee BARBARA REYES Recording Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, BARBARA REYES, the undersigned, hereby certify that I am the .Recording Secretary of the Zoning Administrator of the City of Tustin, California; that Zoning Administrator Action No. 97-001 was duly passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 6th day of January, 1997 . BARBARA REYES Recording Secretary EXHIBIT A ZONING ADMINISTRATOR ACTION '97-001 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 96-038 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped January 6, 1997 on file with the Community Development Department, as herein modified or as modified by the Zoning Administrator in accordance with this Exhibit . (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with prior to the issuance of a business license for the 'business, subject to review and approval by the Community Development Department . (1) 1.3 Conditional Use Permit approval shall become null and void unless all required permits are issued, a business ' license is obtained and operations begin within twelve (12) months of the date of this Exhibit . (1) 1.4 The applicant sha-11 hold harmless and defend the City of Tustin from all claims and liabilities arising out of a challenge to the City' s approval of this project. (1) 1.5 . Approval of Conditional Use Permit 96-024 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 . USE RESTRICTIONS (5) 2 .1 Business hours for the proposed convenience store will be 9 : 00 a_m_ to 9 : 00 p.m. Monday through Saturday, • and 9 : 00 a.m. on Sunday. Any extension of these hours shall require approval of an amendment to this Conditional Use Permit by the Planning Commission. (5) . 2 :2 "No loitering" signs shall be posted at the entrance of the business or other location(s) as requested by the Community Development Department. SOURCE CODES (1) STANDARD CONDITION (5) SPECIFIC PLAN (2) EIR MITIGATION (6) RESPONSIBLE AGENCY REQUIREMENT (3) UNIFORM BUILDING CODE/S (7) LANDSCAPING GUIDELINES (4) DESIGN REVIEW (8) PC/CC POLICY *** EXCEPTION Exhibit A Zoning Administrator Action 97--001 January 6, 1997 Page 2 (5) 2 .3 Any Health Code or other violations, as determined by the County of Orange Health Care Agency, may be grounds for revocation of this Conditional Use Permit . (5) 2 .4 No outdoor or sidewalk sale of merchandise or seating shall be permitted. All business activity shall take place entirely within the building. r (5) 2 .5 No off-site alcoholic beverage sales shall be permitted. (5) 2 . 6 The subject property shall be maintained in a safe, clean and sanitary condition at all times. (5) ' 2 .7 All graffiti shall be removed within 72 hours of a complaint being transmitted by the City to the property owner. Failure to maintain said structure and adjacent facilities will be grounds for City enforcement of its Property Maintenance Ordinance, including nuisance abatement procedures . SIGNS (5) 3 .1 All signs, including any change of copy shall be consistent with the City' s Sign Code and require review and approval by the Community Development Department prior to installation. FEES (1) 4 .1 Within 48 hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashiers check payable to the COUNTY CLERK, in the amount of thirty-eight dollars ($38 . 00) to enable the City to file with the County Clerk, the appropriate environmental documentation pursuant to the California Environmental Quality Act. If within such 48 hours period, the applicant has not delivered to the Community Development Department the above noted check, the approval for the project granted herein shall be considered automatically null and void.