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HomeMy WebLinkAboutZAA 24-002 ZONING ADMINISTRATOR ACTION 24-002 CONDITIONAL USE PERMIT 2023-0019 14090 RED HILL AVENUE 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) 2023-0019 was filed by Gholam Tavakoli on behalf of Mahnoosh Red HIII Corp. requesting authorization to upgrade a Type 20 ABC license (sales of beer and wine for off-site consumption) to a Type 21 ABC license (sales of beer, wine. and distilled spirits for off-site consumption) for an existing convenience store located at 14090 Red Hill Avenue. B. That the proposed use is consistent with the Red Hill Avenue Specific Plan (RHASP), 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 RHASP, off-site alcoholic beverage sales in conjunction with a convenience store are allowable subject to Tustin City Code (TCC) Section 9271(dd) and the Alcoholic Beverage Sales Establishment Guidelines. Pursuant to TCC Section 9271(dd), a CUP is required prior to the establishment of an alcoholic beverage sales establishment. 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 January 25, 2024, 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 sale of alcoholic beverages for off-site consumption, in conjunction with a convenience store, is a conditionally permitted use pursuant to TCC Section 9271(dd). Zoning Administrator Action 24-002 CUP 2023-0019 Page 2 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 established by ABC and are proposed and conditioned to be no later than 2:00 a.m. 3. The existing convenience store, with sales of beer and wine for off- site consumption (Type 20 ABC license), is legal nonconforming in that the use was established at a time when it was permitted by right, as opposed to current regulations which require alcohol sales establishments to obtain a CUP. The use is further legal nonconforming in that it is approximately 900 feet away from the nearest school, where a 1000-foot separation is required. 4. Pursuant to TCC Section 9273(a), a nonconforming use can be changed to another use of the same classification upon securing a CUP. It is determined that the requested authorization to sell beer, wine, and distilled spirits for off-site consumption (Type 21 ABC license) is substantially the same use classification as the sale of beer and wine for off-site consumption (Type 20 ABC license) for which the applicant is already authorized. 5. The proposed off-site consumption of beer, wine, and distilled spirits, in conjunction with a convenience store, is otherwise 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. 6. No expansion of the existing convenience store is proposed; therefore, no parking impacts are anticipated. Additional parking is not required for alcohol sales. 7. The Tustin Police Department has reviewed the application and with the proposed Conditions of Approval has no immediate concerns. 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 2023-0019, a request to authorize the upgrade of a Type 20 ABC license (sales of beer and wine for off-site consumption)to a Type 21 ABC license (sales of beer, wine, and distilled spirits for off-site consumption) for an existing convenience store located at 14090 Red Hill Avenue. Zoning Administrator Action 24-002 CUP 2023-0019 Page 3, PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin, at a regular meeting on the 25th day of January, 2024. /1 JUM'A L. WILLKOM ZONI G ADMINISTRATOR VERA H UK I AUU RECORDING SECRETARY 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 24-002 was duly passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 25 TH day of January, 2024. VERA`HukfAbb""""" RECORDING SECRETARY EXHIBIT A CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 2023-0019 14090 RED HILL AVENUE GENERAL (1} 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped January 25, 2024, 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)2023-0019 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 CODEIS (7) PC/CC POLICY (4) DESIGN REVIEW EXCEPTION Zoning Administrator Action 24-002 CUP 2023-0019—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" form provided 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 2023-0019 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 2023-0019, 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 2023-0019, 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 further changes and/or upgrades to the ABC License shall be reviewed and approved by the Community Development Director. Zoning Administrator Action 24-002 CUP 2023-0019— 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 further limited by the CUP and/or the ABC. (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 ABC 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 (10)feet from the point of sale and a minimum of five (5)feet from the entrance to the premises. I Zoning Administrator Action 24-002 CUP 2023-0019— 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 registers 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 (TPD), 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 TPD 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 TPD. Zoning Administrator Action 24-002 CUP 2023-0019— Exhibit A Page 5 A. Electronic copies of videos shall be made available to the TPD within 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 a "NO LOITERING' sign prohibiting loitering on the exterior of the premises. C. Permissible window displays must be kept to a minimum for maximum visibility and shall not exceed twenty-five (25) percent of window coverage. (7) 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. Zoning Administrator Action 24-002 CUP 2023-0019—Exhibit A Page 6 (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. (7) 2.28 Any graffiti painted or marked upon the premises or any adjacent area under control of the property owner or the business shall be removed or painted within twenty-four(24) hours of being applied. (7) 2.29 All litter shall be removed from the exterior areas around the premises including adjacent to public sidewalk area and parking areas, no less frequently than once each day that the business is open.