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HomeMy WebLinkAboutPC RES 3790l0 ]4 20 24 2(; 28 RESOLUTION NO. 3790 A RESOLUTION OF THE PLANNING COMMISSION OF THE CiTY OF TUSTIN, APPROVING AN AMENDMENT TO CONDITIONAL .USE PERMIT 00-032 TO REDEFINE A CONVENIENCE STORE AS A SPECIALTY STORE AND ALLOW THE DISPLAY AND SALE OF ONLY NON-REFRIGERATED KOSHER BEER AND WINE FOR OFF-SITE CONSUMPTION WITHIN A MAXIMUM OF FIFTEEN (15)'SQUARE FEET OF RETAIL FLOOR AREA ' The Planning Commission does hereby resolve as follows: The Planning Commission finds and determines as follows: That a proper application to amend Conditional Use Permit 00-032 was filed by Mike and Francis Zelig requesting authorization to modify the use from a convenience market to a specialty store and sell kosher beer and wine. B.I That sPecialty stores are conditionally Commercial (C-2) zoning district. permitted within the Central Gl That the proposed use is' consistent with the General Plan land use designation of "Old Town Commercial" which provides for a variety of retail, professional office, and service-oriented business activities which serve Old Town and surrounding areas. 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 June 25, 2001, by the Planning Commission. That under the circumstances of this case, the proposed use will not be detrimental to the health, safety, or general welfare of the persons residing or working in the neighborhood, 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, as evidenced by the following findings' 1) The operation of the market is better defined as a specialty store rather than previously approved c°nvenience store since the market is less than 3,500 square feet in area, is open during limited hours, is located within a center with more than three (3) retail tenants, and provides kosher products and specialty items not typically sold in a food markets. l0 14 Resolution No. 3790 2) 3) Page 2 As conditioned, only non-refrigerated kosher beer and wine may be displayed for sale within a maximum of fifteen (15) square feet of retail area, consiStent with Ordinance No. 1237. Sale of traditional alcoholic beverages would be prohibited. As conditioned, all conditions of approval of Resolution No. 3763 would remain in effect, except as amended by Resolution No. 3790. 4) As conditioned, the nature, operation, and scale of the specialty storo would be compatible with surrounding commercial uses. Fi That this project involves a negligible change in use and is Categorically Exempt pursuant to Section 15301, Class 1 of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act) II. The Planning Commission hereby approves an amendment to Conditional Use Permit 00-032 to modify the use from a convenience market to a specialty store and amend Condition 2.2 of Resolution No. 3763 to allow the sale and display of only non-refrigerated kosher beer and wine (License Type 20). for off-site consumption within a maximum of fifteen (15) square feet of retail floor area, subject to the conditions contained in Exhibit A attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 25th day of June, 2001. PO~3'IOUS 20 . - '-~. Ghairporson 21 ELIZABETH A. BINSACK ~ Planning Commission Secrotary 24 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) i, ELIZABETH A. BINSACK, the undersigned, hereby certify that l am the Planning Commission Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3790 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 25th day of June, 2001. ?-8 ?-9 ELIZABETH A. BINSACK Planning Commission Secretary I~FNFRA~ (1) 1.1 (1) 1.2 (1) 1.3 (1) 1.4 (1) 1.5 (1) 1.6 EXHIBIT A- AMENDMENT TO CUP 00-032 CONDITIONS OF APPROVAL RESOLUTION 3790 The tenant space shall substantially conform with the floor plans date stamped June 25, 2001, 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 the floor plan 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 prior to the commencement of the sale of alcoholic beverages or as specified, subject to review and approval by the Community Development Department. Approval of an amendment to Conditional Use Permit 00-032 is contingent upon the applicant and property owner signing and returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the property owner signing and recording with the County Clerk-Recorder a "Notice of Discretionary Permit Approval and Conditions of Appm.val" form. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. 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. The. applicant shall be responsible for costs associated with any necessary code enforcement action. With the exception of Condition 2.2 of Resolution No. 3763, all remaining conditions of approval contained in Planning Commission Resolution NO. 3763 shall continue to apply to this amendment. SOURCE CODES (2) (3) (4) STANDARD CONDITION CEQA MITIGATION UNIFORM BUILDING CODE/S DESIGN REVIEW EXCEPTIONS (5) RESPONSIBLE AGENCY REQUIREMENTS (6) LANDSCAPING GUIDELINES (7) PC/CC POLICY Exhibit A Resolution No. 3790 June 25, 2001 Page 2 I1.~1= RFRTRIC. TInN~ (*) 2.1 Condition 2.2 of Planning Commission Resolution No. 3763 shall be amended to state' (1) 2.2 "Only non-refrigerated kosher beer and wine may be displayed for sale for off-site consumption within a maximum of fifteen (15) square feet of the retail floor area. Any modifications to size of the tenant space, types of products offered, and hours of operation' shall be authorized in writing by the Community Development Department to ensure that .the operation of the market remains consistent with the definition of a specialty store. Traditional commercial alcoholic beverage sales are prohibited." ,, The applicant shall obtain a Type 21 License from the State Department of Alcoholic Beverage Control (ABC) prior to commencement of sales of any alcoholic beverages and provide evidence of the license to the Director of Community Development. 2.3 The applicant shall operate within all applicable State, County regulations and the Tustin City Code. Any violations of the regulations of the Department of Alcoholic Beverage Control as they pertain to the subject location, or of the City of Tustin, as they relate to the sale of alcoholic beverages, may result in the revocation of the subject Conditional Use Permit, as provided for in the Tustin City Code. (1) 2.4 All persons selling alcoholic beverages for off-site consumption shall be 21 years of age or older. (1) 2.5 No alcoholic beverages shall be consumed on the property or any adjacent property to the licensed premises. (1) 2.6 No refrigerated alcoholic beverages may be offered for sale. (1) 2.7 No display, sale, or distribution of alcoholic beverages shall be made from an ice tub, barrel, or similar container. (1) 2.8 No signs advertising alcoholic beverages may be visible from the exterior of the building or on gasoline pumps or islands. Exhibit A Resolution No. 3790 June 25, 2001 Page 3 (5) 3.1 Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the CommunitY DevelOpment Department, a ¢A-~HI~=R'~ ¢HI::r.14 payable to the County Clerk in the amount of forty-three dollars ($43.00) 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.