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HomeMy WebLinkAboutZAA 21-009 r ZONING ADMINISTRATOR ACTION 21-009 CONDITIONAL USE PERMIT 2021-0024 610 W. FIRST STREET The Zoning Administrator of the City of Tustin does hereby resolve as follows: I. The Zoning Administrator finds and determines as follows: A. That a proper application for Conditional Use Permit (CUP) 2021-0024 was filed by Bruce Evans of Solomon, Saltsman, and Jamieson on behalf of 7- Eleven, Incorporated to request an upgrade of a Type 20 (beer and wine only) ABC license to a Type 21 (beer, wine and distilled spirits) ABC license at an existing convenience store, located at 610 W. First Street. B. That the proposed use is consistent with the Downtown Commercial Core Specific Plan (DCCSP), which provides for the establishment of a variety of commercial and other 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. C. That pursuant to the DCCSP, off-site alcoholic beverage sales establishments are allowable subject to the provisions contained within TCC Section 9271(dd) and the Alcoholic Beverage Sales Establishment Guidelines. D. That in accordance with TCC Section 9299b(3)(g), the Zoning Administrator is authorized to review and approve CUP applications for alcoholic beverage sales establishments. E. That a public meeting was duly called, noticed, and held for said application on November 4, 2021, by the Zoning Administrator. F. That the establishment, maintenance, and operation of the proposed 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. The ancillary off-site sale of alcoholic beverages can be authorized in conformance with Table 3.1 of the DCCSP which lists off-site alcoholic beverage sales as a conditionally permitted use. 2. The existing hours of operation of the convenience store are consistent with other the hours of other convenience stores in the community, and the proposed sale of alcoholic beverages for off- site consumption would be subject to the hours of operation Zoning Administrator Action 21-009 CUP 2021-0024 Page 2 established by ABC and are proposed and conditioned to be no later than 2:00 a.m. 3. The proposed off-site consumption of beer, wine, and distilled spirits in conjunction with a convenience store is consistent with the Planning Commission Guidelines for Alcoholic Beverage Sales Establishments and TCC Section 9271(dd) that support economic development opportunities for alcoholic beverage establishments in the City. 4. 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 the convenience store is located more than 1,000 feet from K-12 schools. 5. No expansion of the existing convenience store is proposed; therefore, no parking impacts are anticipated. 6. The Tustin Police Department has reviewed the application and with the proposed Conditions of Approval, and has no immediate concerns. 7. The proposed alcohol sales will not contribute negatively to the undue concentration of alcohol establishments in Census Tract No. 755.05 in that the business would add to the diversity of uses within one (1) of the City's major commercial centers and shall be required to comply with ABC's license restrictions and the proposed conditions of approval. Thus, it is determined that a public convenience and necessity would be served. G. This project 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 Zoning Administrator hereby approves CUP 2021-0024, a request to upgrade a Type 20 (beer and wine only) ABC license to a Type 21 (beer, wine and distilled spirits) ABC license at an existing convenience store, located at 610 W. First Street. Zoning Administrator Action 21-009, CUP 2021-0024 Page PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin„ at a regular meeting on the 41h day of November, 2021. 4� ", Jb§tINA L. WILLIKOM ZONING ADMINISTRATOR SERA H t FtT-�AWN RECORDINGSECRETARY STATE OF CALIFORNIA COUNTY OF ORANGE } CITY OF TUSTIN 1, Vera. Hurtado, the undersigned, hereby certify that I am the Zoning Administrator Secretary of the City of Tustin, California; that Zoning Administrator Action 21-009 was duly passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 4T" day of November, 2021. a V"v VERA H LJ R AI- RECORDING SECRETARY i i EXHIBIT A CONDITIONS OF APPROVAL CONDITIONAL iUSE PERMIT 2021-0024 610 W. FIRST STREET GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped November 4, 2021, 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 if such modifications are consistent with provisions of the Tustin City Code (TCC). (1) 1.2 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)2021-0024 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) PCICC POLICY (4) DESIGN REVIEW *** EXCEPTION 4 Zoning Administrator Action 21-009 CUP 2021-0024—Exhibit,A Page 2 (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" formprovided by the Community Development. Failure to do so would be a basis for a 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 2021-0024 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 2021-0024, 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 2021-0024, 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 an upgrade from an existing Type 20 off-site sales license (beer and wine only) to a Type 21 off-site general sales license (beer, wine, and distilled spirits). Any changes and/or upgrades to the ABC License shall be reviewed .and approved by the Community Development Director. Zoning Administrator Action 21-009 CUP 2021-0024—Exhibit A Page 3 (1) 2.2 Authorization for off-site sales of alcohol in conjunction with the existing 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 of distilled spirits. (7) 2.4 The applicant shall provide the first inspection fee as determined by the Community Development Department. 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. (***) 2.5 Business hours for the existing convenience store are 24-hours, Monday through Sunday. (1) 2.6 No sale of alcoholic beverages shall take place between 2:00 a.m. and 6:00 a.m. or as limited by the CUP and/or the Department of Alcoholic Beverage Control. (7). 2.7 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) 2.8 No person under the age of twenty-one (21) shall sell or deliver alcoholic beverages. (1) 2.9 The off-site alcoholic beverage sales area within the building shall not occupy more than ten (10) percent of the gross floor area. (1) 2.10 The gross annual sales of alcohol shall not exceed fifty (50) percent of all sales within the establishment. (***) 2.11 All beverage cooler doors shall be installed with a remote locking system. Beverage cooler doors containing alcoholic beverages shall be locked when not available to be sold. (7) 2.12 Refrigerated single serving beverage containers shall be located in an enclosed refrigeration unit no less than ten (1 0)feet from the point of sale and a minimum of five (5) feet from the entrance to the premises. Zoning Administrator Action 21-009 CUP 2021-0024—Exhibit A Page 4 � (7) 2.13 No display, sale or distribution of alcoholic beverages shall be made from an ice tub, barrel or similar container. (7) 2.14 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) 2.15 There shall be no coin-operated games maintained on the premises at any time. (7) 2.16 Cash register must be visible from outside of the building at all times and shall not be obstructed at any time by temporary or permanent signage. (7) 2.17 A timed-access cash controller or drop safe must be installed. (7) 2.18 A silent armed robbery alarm must be installed and operable at all times. (1) 2.19 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) 2.20 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. {***} 2.21 The business owner shall maintain a video surveillance system to monitor all doors, public area of the premises, and parking areas and shall make the video available to the Tustin Police Department. Zoning Administrator Action 21-009 CUP 2021-0024—Exhibit A Page 5 A. Electronic copies of videos shall be made available to the Tustin Police Department within forty-eight (48) hours of request. B. Digital recording shall be made available for viewing on-scene upon request by a Police Officer. C. The business shall retain video surveillance for at least one (1) month. D. All video surveillance cameras must record in color, with digital recording to DVR and able to record in low-light. E. All managers and employees shall be trained to access video recordings in order to provide recordings to law enforcement personnel. (7) 2.22 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. . (7) 2.23 There shall be no window coverings or advertisements that reduce the visibility inside of the business. (1) 2.24 No outdoor storage is permitted nor display of materials shall be permitted. . (7) 2.25 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. 2.26 If pay telephones are provided, they shall be located within the approved structure.The pay phones shall be programmed to prohibit incoming calls. The location of the pay phones outside the convenience store is prohibited. (1) 2.27 No sexually oriented businesses shall be conducted on the premises without approval by the City of Tustin in accordance with the TCC.