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HomeMy WebLinkAboutPC RES 4415 DocuSign Envelope ID: E9121FOC-DC05-45D1-9E06-BC1ADF2481374 RESOLUTION NO. 4415 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 2019-00018, A REQUEST TO AUTHORIZE OFF-SITE ALCOHOLIC BEVERAGE SALES IN CONJUNCTION WITH A CONVENIENCE STORE LOCATED AT 16791 MCFADDEN AVENUE & 16801 MCFADDEN AVENUE The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application for Conditional Use Permit (CUP) 2019-00018 was filed by Peter Gonzales of 7-Eleven, Inc., a request to serve off-site alcoholic beverages in conjunction with a convenience store, located at 16791 & 16801 McFadden Avenue. B. That the subject property is located within the Retail Commercial (Cl) with Combining Parking (P)zoning district where a variety of commercial uses are authorized. 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. C. That pursuant to the C1 zoning district, off-site alcoholic beverage sales establishments are allowable subject to the provisions contained within Tustin City Code (TCC) Section 9271(dd) and Planning Commission Guidelines. D. That a public meeting was duly called, noticed, and held for said application on December 22, 2020, by the Planning Commission. E. That the establishment, maintenance, and operation of the off-site alcoholic beverage sales 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- 1. hat:1. The proposed hours of operation of the business are the same as the existing 7-Eleven convenience store. The proposed use will not be detrimental to the surrounding properties in that the site as there are other commercial uses in the surrounding area. 2. The proposed off-site consumption of beer and wine in conjunction with a convenience store is consistent with the Alcoholic Beverage Sales Establishment Guidelines, TCC Section 9271(dd), and Ordinance No. 1493 that support DocuSign Envelope ID: E9121FOC-DC05-45D1-9E06-BC1ADF2481374 Resolution No. 4415 Page 2 economic development opportunities for alcoholic beverage establishments in the City. 3. The type of use proposed and its proposed location are consistent with the distance requirements established for off-site sales of alcoholic beverages in that it is located more than 1,000 feet from K-12 schools. 4. The convenience store is located within a commercial corridor along McFadden Avenue where a variety of commercial, retail, and service station businesses are located. 5. No parking impacts are anticipated as conditioned in Resolution No. 4414 related to joint-use parking. 6. The Tustin Police Department has reviewed the application and with the proposed Conditions of Approval has no immediate concerns. F. This project is Categorically Exempt pursuant to Section 15332 (Class 32) of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Planning Commission hereby approves CUP 2019-00018, a request for authorization for off-site alcoholic beverage sales in conjunction with a convenience store, located at 16791 McFadden Avenue and 16801 McFadden Avenue. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 22nd day of December, 2020. D/o/pc_u-Signedby- AMY MASON DocuSigned by: Chairperson -4.0 ED45DA2623B54A5... JUSTINA L. WILLKOM Planning Commission Secretary DocuSign Envelope ID: E9121FOC-DC05-45D1-9E06-BC1ADF2481374 Resolution No. 4415 Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, JUSTINA L. WILLKOM, the undersigned, hereby certify that I am the Planning Commission Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 4415 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 22nd day of December, 2020. PLANNING COMMISSIONER AYES: Chu, Jha, Kozak, Mason (4) PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: Docusigned by: -4.0 It�i Q Qk s�uu ED45DA2623&54A5... JUSTINA L. WILLKOM Planning Commission Secretary DocuSign Envelope ID: E9121FOC-DC05-45D1-9E06-BC1ADF2481374 EXHIBIT A CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 2019-00018 16791 MCFADDEN AVENUE & 16801 MCFADDEN AVENUE GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped December 22, 2020, on file with the Community Development Department, as herein modified, or as modified by the Community Development Director in accordance with this Exhibit. The Community Development Director may also approve subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code (TCC). (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified, subject to review and approval by the Community Development Department. (1) 1.3 This approval shall become null and void unless the use is established within twelve (12) months of the date of this Exhibit. 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 (CUP) 2019-00018 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 notarized "Notice of Discretionary Permit Approval and Conditions of Approval' form. The forms shall be established by the Community Development Director, and evidence of recordation shall be provided to the Community Development Department. Failure to comply with conditions of approval, or if the establishment creates undue burden to City resources, or if the CUP is abandoned for a twelve (12) month period, these circumstances shall be grounds for revocation of the CUP. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION DocuSign Envelope ID: E9121FOC-DC05-45D1-9E06-BC1ADF2481374 Resolution No. 4415 Page 5 (1) 1.5 Any transfer of ownership of the establishment and/or operator shall require the new owner and/or operator to sign and return an "Agreement to Conditions Imposed" form provided by the Community Development. Failure to do so would be a basis for revocation proceeding. (1) 1.6 Any violation of any of the conditions imposed is subject to the issuance of an Administrative Citation pursuant to TCC Section 1162(a). (1) 1.7 CUP 2019-00018 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. The Community Development Director shall review the use to ascertain compliance with conditions of approval. If the use is not operated in accordance with CUP 2019-00018, or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the Community Development Director shall impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the CUP. (1) 1.8 As a condition of approval of CUP 2019-00018, the applicant shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision-making body, including staff, concerning this project. The City agrees to promptly notify the applicant of any such claim or action filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in the defense of any such action under this condition. (1) 1.9 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney's fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. (1) 1.10 Approved uses shall operate within all applicable State, County, and TCC. Any violations of the regulations of the Department of Alcoholic Beverage Control (ABC)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 CUP, as provided for in the TCC. USE RESTRICTIONS (1) 2.1 The approval authorizes Type 20 off-site only beer and wine sales. Any changes and/or upgrades to the ABC License shall be reviewed and approved by the Community Development Director. DocuSign Envelope ID: E9121FOC-DC05-45D1-9EO6-BC1ADF2481374 Resolution No. 4415 Page 6 (1) 2.2 Authorization for off-site sales of alcohol in conjunction with the proposed convenience store use is contingent upon the use remaining at the subject site. At such time the use is discontinued, the use permit shall be deemed null and void. (1) 2.3 The applicant shall obtain the appropriate license from ABC for the type of alcoholic sales authorized for the site. A copy shall be provided to the City prior to operating the alcoholic sales. (7) 2.4 The applicant shall provide the first inspection fee as determined by the Community Development. The Community Development Director shall have the authority to require additional fees if determined to be necessary to protect public health, welfare, peace and comfort. (1) 2.5 No sales of alcoholic beverages shall take place after 2:00 a.m. or as limited by the CUP and/or the Department of Alcoholic Beverages Control. (7) 2.6 All managers and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages. The California Department of Alcoholic Beverage Control must approve said training program. Records of each employee's successful completion of the certified training program required by this section shall be maintained on the premises of the alcoholic beverage sales establishment and shall be presented upon request by a representative of the City of Tustin. (1) 2.7 No person under the age of twenty-one (21) shall sell or deliver alcoholic beverages. (1) 2.8 The off-site alcoholic beverage sales area within the building shall not occupy more than 10 (ten) percent of the gross floor area. (1) 2.9 The gross annual sales of alcohol shall not exceed fifty (50) percent of all sales within the establishment. (***) 2.10 All beverage cooler doors shall be installed with a remote locking system. (7) 2.11 Refrigerated single serving beverage containers shall be located in an enclosed refrigeration unit no less than ten (10) feet from the point of sale and a minimum of five (5) feet from the entrance to the premises. (7) 2.12 No display, sale or distribution of alcoholic beverages shall be made from an ice tub, barrel or similar container. DocuSign Envelope ID: E9121FOC-DC05-45D1-9EO6-BC1ADF2481374 Resolution No. 4415 Page 7 (7) 2.13 Alcoholic beverages in containers of less than sixteen (16) ounces cannot be sold by single containers, but must be sold in pre-packaged multi-unit quantities. (7)) 2.14 There shall be no coin-operated games maintained on the premises at any time. (7) 2.15 Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. (7) 2.16 A timed-access cash controller or drop safe must be installed. (7) 2.17 A silent armed robbery alarm must be installed and operable at all times. (1) 2.18 Business operations shall be conducted in a manner that does not create a public or private nuisance. Any such nuisance must be abated immediately upon notice by the City of Tustin. (7) 2.19 The owner or manager of the licensed premises shall maintain on the premises a written security policy and procedures manual, which have been approved by the Tustin Police Department, addressing at a minimum the following items: A. Identify individuals who are responsible for the premises. The list shall include contact information such as name, address, phone number, etc. and the list shall current and accurate. B. Handling obviously intoxicated persons. C. Establishing a reasonable ratio of employees to patrons, based upon activity level, in order to monitor beverage sales and patron behavior. D. Handling patrons involved in fighting, arguing or loitering about the building and in the immediate adjacent area that is owned, leased, rented or used under agreement by the licensee(s). E. Verifying age/checking identification of patrons. F. Calling the police regarding observed or reported criminal activity. (7) 2.20 If there is a marked or noticeable increase in the number of police-related incidents on or near the premises, as such increase may be determined by the Chief of Police, the applicant may be required to provide state- licensed, uniformed security guards at a number determined by the Chief of Police. DocuSign Envelope ID: E9121FOC-DC05-45D1-9E06-BC1ADF2481374 Resolution No. 4415 Page 8 (7) 2.21 There shall be no window coverings or advertisements that reduce the visibility inside of the business. (7) 2.22 All signs shall comply with the Tustin Sign Code and the following: A. There shall be no exterior advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. No interior displays of alcoholic beverages or signs which are clearly visible to the exterior. B. The applicant shall post "NO LOITERING" sign prohibiting loitering on the exterior of the premises. (1) 2.23 No sexually oriented businesses shall be conducted on the premises without approval by the City of Tustin in accordance with the TCC.