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HomeMy WebLinkAboutZAA 24-007 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 9' day of May, 2024. JUSTIVA L. WILLKOM ZONING ADMINISTRATOR VERA HU�RfAbb' 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 24-007 was duly passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 9th day of May, 2024. VERA HuRTAbo""', RECORDING SECRETARY 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 aLLtimes. (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 promises, 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 shal.L 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, shalt 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 3A 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 Catifornia Environmental Quality Act could be significantly lengthened.