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HomeMy WebLinkAbout01 ZA REPORT CUP 2024-0006 CHEVRON ZONING ADMINISTRATOR ITEM #1 DATE: MAY 9, 2024 TO: JUSTINA L. WILLKOM, ZONING ADMINISTRATOR FROM: AARON VALLE, PLANNING TECHNICIAN US IN SUBJECT: ZONING ADMINISTRATOR ACTION (ZAA) NO. 24-007; CONDITIONAL USE PERMIT (CUP) 2024-0006 (17241 SEVENTEENTH ST.) SUMMARY: The Zoning Administrator will consider Conditional Use Permit (CUP) 2024-0006, a requestto authorize an upgrade of an existing 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 service station convenience store located at 17241 Seventeenth Street. The CUP application was filed by Steve Rawlings on behalf of Erick Aranda of Chevron Stations, Inc. BACKGROUND: Location and Surrounding Properties The subject property is located approximately 140 feet northwest of the intersection of Yorba Street and Seventeenth Street(Figure 1).The site is bounded by a commercial center to the west and north, Carroll Way to the east, and Seventeenth Street to the south. Commercial C""} r Commercial T, - U � Jim EP .... Project Site =- fl m Seventeenth Street office Service Station 42 Figure 1.Site and Surrounding Properties ZA Item #1 May 9, 2024 CUP 2024-0006 Page 2 PROJECT DESCRIPTION: Project Summary The existing Chevron convenience store is approximately 2,011 square feet and offers a full range of grocery and household items, including but not limited to, fresh food, salads and sandwiches, snacks, hot foods, tobacco products, beer, bottled drinks, fountain drinks, coffee, dairy and bakery items. The applicant is requesting to upgrade an existing Type 20 ABC license (beer and wine) to a Type 21 ABC license which would allow for the sale of beer, wine, and distilled spirits for off- site consumption. i i yo VANE DISPLAY `t Q _ OFFICE Distilled Spirits CABFMER AFEA 5 MAIN ENTRANC&ExIT oa a a Figure 2. Floor Plan ZA Item #1 May 9, 2024 CUP 2024-0006 Page 3 24-Hour Convenience Store and Alcohol Sales Hours The existing Chevron convenience store operates 24 hours a day, seven (7) days a week. The store's floor plan consists of a cash register/sales area, beverage bar, coffee island, pastry station, walk-in cooler, restrooms, manager's office, and several backrooms. The proposed sales of distilled spirits will be limited to an area not to exceed a 110 square foot display area Located behind the cash register (Figure 2, Page 2). The proposed distilled spirits display will not be directly accessible by customers, and customers would be required to obtain store personnel assistance to make a distilled alcohol purchase. The request is for authorization to allow the off-site sale of alcohol between 6:00 a.m. to 2 a.m., seven (7) days a week, or as may be further limited by ABC.The convenience store would continue to operate twenty-four (24) hours a day, seven (7) days a week. As conditioned, and per the City of Tustin Alcoholic Beverage Sales Establishment Guidelines, no person under the age of twenty-one (21) shall sell alcoholic beverages. Security In an effortto preventthe occurrence of theft, responsible sales of off-site alcoholic beverages and additional security measures have been considered in conjunction with this project. The applicant will be responsible for complying with the Planning Commission's Guidelines for Alcoholic Beverage Sales Establishment to ensure that the operation adheres to responsible methods for the sale of off-site alcoholic beverages. As conditioned, the business owner or manager will be required to maintain a written security policy and procedures manual, for review and approval by the Tustin Police Department (TPD), which will include best practices for accurately verifying the age of patrons and include review of the establishment's existing video surveillance plan. There are nine (9) existing surveillance cameras located within the interior of the store, with one (1) new proposed surveillance camera facing the distilled spirits, and six (6) surveillance cameras on the exterior, which maintain recorded footage for at least thirty (30) days (see Figure 3, below). Furthermore, as conditioned,the low-profile displays, in addition to the minimal exterior window advertising will maintain visibility and allow law enforcement the ability to view the store interior from the street. ZA Item #1 May 9, 2024 CUP 2024-0006 Page 4 N OUTSIDE STORE REAR BACK COOLER EXIT/ENTRY BACK ROOM C] MANAGER OFFICE 0 GAMER °p O NEW CAMERA DOOR JAMB O BE INSTALLED 0 CAMERA Ma Y REGISTER #} SAFE REGISTER #2 ® c� ® a�GP 0® ®®° \ eX it / P � o ❑D E 6 I7th STREET Figure 3. Locations of Security Cameras Determination of Public Convenience and Necessity Not Required The project site is Located within Census Tract No. 757.01, and a maximum of four (4) alcohol Licenses for off-site consumption are generally allowed by ABC in the Census Tract based on the population in the tract. As reported by ABC,there are two (2) Licenses issued in the census tract for off-site alcohol sales, including the existing Type 20 ABC License issued to the applicant. Therefore, upgrading to a Type 21 ABC License would not create an undue burden or concentration of alcohol Licenses in the census tract. As confirmed by a representative from ABC, a determination of public convenience and necessity is not required. Parking The existing tenant space meets the current parking requirements. The existing use was previously approved for a convenience store use and the applicant is not proposing changes that would increase the number of required parking spaces. No additional parking is required to sell alcoholic beverages for off-site consumption. ZA Item #1 May 9, 2024 CUP 2024-0006 Page 5 Environmental Review This project is Categorically Exempt from CEQA pursuant to Section 15301 (Class 1, Existing Facilities) of the State CEQA guidelines. CONCLUSION: Based on the findings provided, staff recommends the Zoning Administrator adopt ZAA 24- 007, approving CUP 2024-0006 to authorize the upgrade of an existing Type 20 ABC License to Type 21 (sales of beer, wine, and distilled spirits for off-site consumption) in conjunction with an existing convenience store located at 17241 Seventeenth Street. Aaron Valley, Planning Technician Raymond Barragan, Principal Planner Attachments: A. Submitted Plans dated May 9, 2024 B. ZAA No. 24-007 - Exhibit A: Conditions of Approval ATTACHMENT A PROPOSED USE: FINDING OF PUBLIC CONVENIENCE CHEVRON EXTRA MILE STORE#93505 OR NECESSITY AND PERMIT TO SELL BEER,WINE,AND DISTILLED SPIRITS AT AN EXISTING CONVENIENCE STORE THAT SELL BEER AND WINE. NO NEW CONSTRUCTION STORE SIZE: 2,011 SF PROPOSED. ALCOHOL DISPLAY AREA: 37 SF %OF STORE: 1.8 % COO� BFER �1 �I�FRs 6, i �0�5 WINE �^ 1O DISPLAY OFFICE C ok w �m L Lr) I o I t 4 N CAR N AREA S MAIN ENTRANCE/EXIT ❑ ❑ ❑ 1 00 00 FLOOR PLAN 53'-10 7/8" 17241 17th Street Tustin, CA N OUTSIDE STORE REAR BACK COOLER [EXIT/ENTRY no BACK ROOM C1 MANAGER OFFICE 0 CAMER NEW CAMERA TO BE INSTALLED DOOR JAMB r 0 CAMERA REGISTER #1 SAFE REGISTER #2 / ®2 �01 > �O ID ❑ o 17th STREET SECURITY CAMERA LAYOUT SERVICE STATION #93505 17241 17TH STREET TUSTIN, CA 92780 DATE: 04/1 1 /24 :--il C h e v r o n ATTACHMENT B ZONING ADMINISTRATOR ACTION 24-007 CONDITIONAL USE PERMIT 2024-0006 17241 SEVENTEENTH 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) 2024-0006 was filed by Steve Rawlings on behalf of Erick Aranda of Chevron Stations, Inc., 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 gas station convenience store located at 17241 Seventeenth Street. B. That the proposed use is consistent with the Retail Commercial District Zoning Designation (Cl), 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 C1 District, 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 May 9, 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 in the C1 District pursuant to TCC Section 9271(dd). Zoning Administrator Action 24-007 CUP 2024-0006 Page 2 2. The existing hours of operation of the convenience store are consistent with the hours of other convenience stores in the community, and the proposed sales of alcoholic beverages for off-site consumption would be subject to the hours of operation established by ABC, which 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 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. 4. No expansion of the existing convenience store is proposed; therefore, no parking impacts are anticipated. Additional parking is not required for alcohol sales. 5. The Tustin Police Department has reviewed the application and with the proposed Conditions of Approval has no immediate concerns as conditioned. G. This project is Categorically Exempt pursuant to Section 15301, (Class 1, Existing Facilities) 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 2024-0006, 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 17241 Seventeenth Street. Zoning Administrator Action 24-007 CUP 2024-0006 Page 3 PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin, at a regular meeting on the 9th day of May, 2024. JUSTINA L. WILLKOM ZONING ADMINISTRATOR VERA HURTADO RECORDING SECRETARY STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Vera Hurtado, the undersigned, hereby certify that I am the Zoning Administrator Secretary of the City of Tustin, California; that Zoning Administrator Action 24-007 was duly passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 9th day of May, 2024. VERA HURTADO RECORDING SECRETARY EXHIBIT A CONDITIONAL USE PERMIT 2024-0006 CONDITIONS OF APPROVAL 17241SEVENTEENTH STREET GENERAL (1) 1.1 The proposed project shall substantially conform with the plans dated May 9, 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) and other applicable codes. (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 CUP 2024-0006 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 the Conditions of Approval of 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 Zoning Administrator Action 24-007 CUP 2024-0006— 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 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 2024-0006 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 the Conditions of Approval. If the use is not operated in accordance with CUP 2024-0006 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 2024-0006, 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, Zoning Administrator, 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 All Conditions of Approval for CUP 2024-0006 shall remain in full force and effect for as long as the business continues to operate. (1) 1.11 Approved uses shall operate within all applicable State, County, and TCC regulations. Any violations of the regulations of the 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 by the TCC. Zoning Administrator Action 24-007 CUP 2024-0006— Exhibit A Page 3 USE RESTRICTIONS (1) 2.1 The approval authorizes 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. (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. (1) 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 a day, 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. (1) 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 underthe age of twenty-one (21) shall sell or deliver alcoholic beverages. (1) 2.9 The off-site alcoholic beverages 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. Zoning Administrator Action 24-007 CUP 2024-0006— Exhibit A Page 4 (1) 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. (1) 2.12 Refrigerated single serving beverage containers shall be located in an enclosed refrigeration unit no less than ten (10) feetfrom the point of sale and a minimum of five (5) feet from the entrance to the premises. (1) 2.13 No display, sale or distribution of alcoholic beverages shall be made from an ice tub, barrel, or similar container. (1) 2.14 Alcohol beverages in containers of less than sixteen (16) ounces cannot be sold by single containers but must be sold in prepackaged multi-unit quantities. (1) 2.15 There shall be no coin-operated games maintained on the premises at any time. (1) 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. (1) 2.17 A timed-access cash controller or drop safe must be installed. (1) 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. (1) 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 TPD, addressing, at a minimum, the following items: 1) 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 be current and accurate. 2) Procedures for handling obviously intoxicated persons. 3) The method for establishing a reasonable ratio of employees to patrons, based upon activity level, in order to ensure adequate staffing levels to monitor beverage sales and patron behavior. Zoning Administrator Action 24-007 CUP 2024-0006— Exhibit A Page 5 4) Procedures for handling patrons involved in fighting, arguing, or Loitering about the building, and/or in the immediate adjacent area that is owned, leased, rented, or used under agreement by the licensee(s). 5) Procedures for verifying the age of patrons for purposes of alcohol sales. 6) Procedures for calling the TPD regarding observed or reported criminal activity. (1) 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. A. Electronic copies of videos shall be made available to the TPD 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. (1) 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. (1) 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. (1) 2.25 All signs shall comply with the Tustin Sign Code and the following: Zoning Administrator Action 24-007 CUP 2024-0006— Exhibit A Page 6 1) 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. 2) Permissible window displays must be kept to a minimum for maximum visibility and shall not exceed twenty-five (25) percent of window coverage. 3) The applicant shall post a "NO LOITERING" sign prohibiting Loitering on the exterior of the premises. 4) Signs shall be posted in a conspicuous space at all entrances/exits of the premises which shall state, "NO ALCOHOLIC BEVERAGES BEYOND THIS POINT." (1) 2.26 Public telephones on the property shall be located inside the Food Mart building and modified to prevent incoming calls. No exterior pay phones are allowed. (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. (1) 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. (1) 2.29 All litter shall be removed from the exterior areas around the premises, including public sidewalk areas and parking areas, no less frequently than once each day that the business is open. (1) 2.30 No sales or distribution of alcoholic beverages shall be made from a drive-up or walk-up window. Zoning Administrator Action 24-007 CUP 2024-0006— Exhibit A Page 7 FEES 1. 5 3.1 Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the ORANGE COUNTY CLERK-RECORDER in the amount of fifty dollars ($50.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period the 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.