Loading...
HomeMy WebLinkAboutCUP 09-018TUSTI N z~ .: 1 ,,~; Inter-Com ~-----\ , ~~ ~, . ~~- ~ 'w -. DATE: DECEMBER 14, 2009 ~~~ ~,~.~ TO: ZONING ADMINISTRATOR 6UILOING OUR FUTURE HONORING OUR FAST FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CONDITIONAL USE PERMIT 09-018 PROPERTY PK II LARWIN SQUARE SC LP OWNER: C/O KIMCO REALTY CORPORATION 23 MAUCHLY, SUITE 100 IRVINE, CA 92618 APPLICANT: STARBUCKS COFFEE KEITH GLASSMAN, GLASSMAN PLANNING ASSOCIATES, INC. 1309 POST AVENUE TORRANCE, CA 90501 LOCATION: 552 EAST FIRST STREET GENERAL PLAN: PLANNED COMMUNITY COMMERCIAL/BUSINESS ZONING: FIRST STREET SPECIFIC PLAN (FSSP) COMMERCIAL AS PRIMARY ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1) PURSUANT TO THE PROVISIONS OF SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. REQUEST: A REQUEST FOR OUTDOOR SEATING AT AN EXISTING STARBUCKS COFFEE AT 552 EAST FIRST STREET. RECOMMENDATION That the Zoning Administrator adopt Zoning Administrator Action No. 09-013 approving Conditional Use Permit 09-018, a request for outdoor seating at an existing Starbucks Coffee at 552 East First Street. BACKGROUND The project site is the Starbucks Coffee located next to Vons in the Larwin Square shopping center. The outdoor seating area would be in front of the store. (See Attachment 3 -Submitted Plans). On June 13, 1988, the Planning Commission adopted Resolution No. 2490 that established outdoor seating as a conditionally permitted use Zoning Administrator Report CUP 09-018 Page 2 and guidelines for outdoor seating. This project complies with these guidelines (See Land Use Application Fact Sheet -Attachment 2). Site and Surrounding Properties The project site is an existing shopping center located at 498-658 (even numbers) East First Street, in the Larwin Square Shopping Center. (Attachment 1 -Location Map) The shopping center is located south of East First Street, west of Newport Avenue, north of the Tustin Car Wash/Gas Station, and east of Centennial Way. The project site is located on the southern side of the shopping center, directly east of Vons. Surrounding properties are primarily in commercial zoning districts, with some residential, professional, and public & institutional districts. (See Zoning Map below) rp `^w o..., ~:~1.9c_4s.~ , ~,: ~ -~ ... i asp{. w~' : __~~~. ~'~. ., i ~a ~ _ ~ ~..._. .._ x. ~ -_ - - n ~ "_ «« _ _. , .. .. ),'~ n .s:.. -....._.._ .~ r <.rr. a. ~ V' h L ~: p~^ Ri t . •, s ~ ~i ' )* w ~ _ ~ _ c ~.1. .. ~ i .~ _ ~~ .,~ ~!3FhEJC1t5~t7~4'~ ,, ,, a ~ ~..~ ~ ~ ~ ; ~, ~ t.; w ~ y .... ~, .Aa - r. ~ ;1 R ~ .....~. .~ ~ '. ~ ~ - ~ ,4 ~ 4~. ~n . ,. ~/ .~. ~. g `Y * %~# ~ J~ 4~ n+ ~Y ~ ~.X~ -.. _.. - -.r .. .. ....:. :..:. i Z o n.n~7 .~liap DISCUSSION l~' Project Description The applicant is seeking authorization for outdoor seating at the existing Starbucks Coffee store. The proposed outdoor seating area would contain a total of eight (8) seats and would be located directly in front of the tenant space. This project would entail the addition of outdoor furniture to the specified area, including four (4) tables, seven (7) chairs, and space for one (1) handicap seat. The furniture would be placed according to Zoning Administrator Report CUP 09-018 Page 3 the submitted plans, which would maintain a minimum 48-inch wide path of travel for handicap access around the seating area. The outdoor furniture would be secured and/or stored inside during non-business hours. The outdoor seating guidelines outline that uses such as public schools, residential neighborhoods, churches, hospitals, and arcades should be considered when outdoor seating is proposed. The guidelines identify that outdoor seating areas within 600 feet of a public school should consider and mitigate for potential impacts to school children; the nearest public school (C.C. Lambert Elementary School) is approximately 900 feet from the outdoor seating area. The nearest residential use is more than 500 feet from the outdoor seating area, which meets the minimum 200-foot distance requirement between outdoor seating and residential uses. There are no churches or arcades within a 1,000 foot radius of the outdoor seating area. The Starbucks Coffee store is a casual dining/coffee establishment with no arcade, live entertainment use, or sales of alcoholic beverages. The outdoor dining area will not have any speakers or other amplified sound. As the outdoor seating area would be used for customers to sit and drink coffee, it is anticipated that it would have minimal impact to the surrounding area. Parking Based on the parking study and shared parking analysis approved by Planning Commission Resolution No. 3684 and on file with the City, the Starbucks Coffee store is allocated 8.7 spaces, based on a ratio of one (1) space per three (3) seats for restaurants, for a total of twenty-six (26) seats. The restaurant currently has twenty-six (26) indoor seats and is proposing eight (8) outdoor seats, for a total of thirty-four (34) seats. This increase of eight (8) seats would require three (3) additional parking spaces per parking requirements for the First Street Specific Plan area. The approved parking study shows peak parking demand for the center at 740 spaces with 887 spaces provided, a surplus of 147 spaces. Since the study was approved, parking lot modifications and new tenants have reduced the total number of surplus spaces to 142. By assigning three (3) of the surplus spaces to the Starbucks Coffee store, there would be sufficient parking for the proposed use and the total surplus parking in the center would be reduced to 139 spaces. ANALYSIS In determining whether to approve the Conditional Use Permit 09-018, the Zoning Administrator must determine whether or not the proposed outdoor seating will be detrimental to the health, safety, morals, comfort, and general welfare of the persons residing in or working in the neighborhood or whether it will be injurious or detrimental to the property or improvements in the vicinity or to the welfare of the City. A decision to approve this request may be supported by the following findings: Zoning Administrator Report CUP 09-018 Page 4 1) Outdoor seating areas are permitted in commercial districts subject to approval of a conditional use permit. 2) The additional three (3) required parking spaces generated by the increase of eight (8) seats can be accommodated by existing 142 surplus parking spaces on-site; 3) As conditioned, the outdoor seating area shall contain trash receptacles and cleaned on a continual, daily basis; 4) The proposed hours of operation are compatible with other commercial uses within Larwin Square and the First Street Specific Plan area; 5) The project site location meets the distance separation from certain uses identified in the outdoor seating guidelines; 6) There are no exterior or structural modifications proposed to accommodate the outdoor seating area, with the exception of the addition of outdoor furniture. Staff recommends that the Zoning Administrator adopt Zoning Administrator Action No. 09-013, approving Conditional Use Permit 09-018 to authorize outdoor seating at an existing Starbucks Coffee restaurant located at 552 East First Street. Cari Meyer Assistant Planner Attachments: 1. Location Map 2. Land Use Application Fact Sheet 3. Submitted Plans 4. ZA Action 09-013 S:\Cdd\ZAREPORT12009\CUP 09-018 (Outdoor seating).doc ATTACHMENT Location Map ATTACHMENT 2 Land Use Application Fact Sheet LAND USE APPLICATION FACT SHEET 1. LAND USE APPLICATION NUMBER(S): Conditional Use Permit (CUP) 09-018 2. LOCATION: 552E 15' St. 3. APN(S): 401-601-01 4. SURROUNDING LAND USES: NORTH: Offices and Retail SOUTH: Tustin Auto Wash EAST: Tustin City Hall WEST: Mix of Commercial Uses 5. SURROUNDING ZONING DESIGNATION: NORTH: First Street Specific Plan (FSSP), Office as Primary and Commercial as Primary SOUTH: Central Commercial with Combining Parking Overlay (C-2 P~ EAST: Public and Institutional (P&I~ WEST: Retail Commercial (C-1) 6. SURROUNDING GENERAL PLAN DESIGNATION: NORTH: Planned Community Commercial/Business SOUTH: Planned Community Commercial/Business EAST: Public/Institutional WEST: Community Commercial 7. SITE LAND USE: EXISTING PROPOSED USE: Restaurant/Coffee Shop No Change ZONING: FSSP, Commercial as Primary No Change GENERAL PLAN: Planned Community Commercial/Business No Change DEVELOPMENT STANDARDS: 8. Outdoor Seating Area Guidelines (PC Resolution No. 2490) City Standard Alcoholic Beverage Sales: Patio area clearly defined Accessible through inside of restaurant Supervised by employee Proposed Project (CUP 09-018) No alcoholic beverage sales proposed No alcoholic beverage sales proposed No alcoholic beverage sales proposed Parking Requirements: Considered part of the restaurant and conform to parking requirements Clean Up Facilities: Contain trash receptacles Cleaned on a continual, daily basis Design Compatibility: Shall not obstruct vehicular or pedestrian traffic flow Physical elements shall be compatible with the building Signs shall adhere to sign program Required parking can be accommodated through existing parking Submitted plans comply Proposed conditions comply Submitted plans comply The only physical elements are the furniture, the design of which is compatible with the building No new signage proposed. S:\Cdd\Cari\CUP\09-018 (Starbucks Outdoor Seating)\Land Use Application Fact Sheet.Doc Location to Sensitive Uses: 600 feet from a public school Avoidance of arcade games and alcoholic beverages Minimize noise impacts from amplified music Consider relation to residential uses, schools, churches, hospitals, arcades More than 900 feet from nearest school (CC Lambert Elementary) No arcade games or alcoholic beverage service proposed No amplified noise proposed More than 500 feet from nearest residential use; 900 feet from nearest school; Minimum of 1,000 feet from any other sensitive use 9. OTHER UNIQUE CONDITIONS ASSOCIATED TO THE PROPERTY (I.E. SPECIAL STUDY ZONES, EASEMENTS, ETC.): Town Center Redevelopment Project Area ATTACHMENT 3 Submitted Plans RECEIVED JUN 0 9 2009 COMMUNITY OEVEl.OPMENT BY __ ,~{y,~ l.,.~.3 .Vi=e ~~ ~~t~fi~ ~ z ~ ;~ ~~ ~.~~ .,:,~ ;,, ~ , ~; fN I ~~~d' ~~ I ~ (`'Jlll(;~1LS~ Vt)Cd`.~ ~y ...~.f i .. r Z A t yTI ~ i1i~11 ~I it ~ i~~~i~i~l{~fT~~1i~ '~\ e ra-r;t ~ ffi „ a « ~ - ~. ~I, ~ ~ ~ ~ . ,~ . ~. / ~~ e r ~ ~ , Wit., a+ ~ ~ i ~ ~, ~ ~ ~ ~ ~_ _ . _ `~ ~j ~,~;~~~; F~~, ~_.~ ~~ _ _ k ~I~~~I~111111 ~11~ 4~ ~f~~I~~~I ~I~~~~I~~II4IEI~I~ l~~~~{I ~.l)t l~~~~~~~~ ~ ~ ___ .__ . IWl)W111111i1ll1ll}111111 'run T ffrllUfY ..... ~ 1 4 c SA`llp}C~ ~ ~ '~ ~ C~.~... ~.~ .. .. ~~ f'•J 1 ~. t, ~Tl`(li(flil(~ __ _ ..~ ` ~_ ~ ~~` '.W~s ~ ~.. ~E4~~4I1{~}N~~I111~ , ~ ~ri~~~irrllrll~i~~»~~~il~~~~~ ,: ~,, ~~ ,: ~~- '~ ~ t ~I 1 .-~_~~_ I~ICr h ,, i w`;;, ~r, ,~,:,:~ X41 A ~T fI}nH hUiY3 i tlf I N Y l I ~xi ~: _~.~ . _ ~_ ~TlTllill/%7111 ..~..,,,~.,~ .b~. ~.., ,., ... _., _...,..,~.,,..,.~~ ~,~,.~_.,.,~.... ,~ W j ~~ -, ~ ~ ~ ~ ~~Nnoa ~~HVao r ,~ 681_ZS Na 'NI1Sf11 tv ~ ~ ~ ;_ g ~i, ~ 1~3N.LS 1S2i1~'3155 ~ ~' ~~~~~~ ~ ~ ~~°, R „_, I ,. ~ '~'~~ z f~ rv~is~a3~oys~Nilsix~ H ~~a~a~~ ~~4~ ~a ~ C m Y ff 10 LL O ~ Q Q .C Q Q h- 3 ~ ~ O 2 ~ '. d a a' ~ °- i~ w J N '; Q 3 Sheet : 1/4 SMITH ~ HAWKEN Date :May 3, 200 FINAL OVERSIZE Customer W ~ 278" {T00) SW : Descrlptlon :TABLE, PATIO ROUND WO(1D TOP D ~ 278' {T00} SD Material :Metal and teak slats H : 30 j4~ {78p) SH Finishing PITCH : AH . CIieM Approval Date SKU 223219 TAG F764 ~.~EC'I<~PTinN TABLE, PATIO ROUND WOOD TOP Page 2 OF 4 ------ 27~/g" (700)---_________~_..~ ~ a/4" (19) r fig" K1.5) r I 303/4" ~ (780) (736) FRONT VIEW --.___~_____.27g/e" (700)__. -~_,.,~ r_3/a" (19) __ ___ _ ~" (~5) 16~ K1.5) ~'lAN (738) t__. 303/4" (780) SIDE VIEW Sheet 2!4 SMITH 8< HAWKEN Date Customer Description Material Finishing May 3, 2006 FINAL TABLE, PATIO ROUND WOOD TOP Metat and teak slats OVERSIZE W ~ SW : D 5D : H SH PITCH : AH Client Approvak Date ~ ~~ -_-_.2213/8" (580)-- - ----~ -- -- 2~t3~g" (580) _ _-~ SKU 223219 TAG F764 TABLE, PATIO ROUND WOOD TOP Page 3 OF 4 Chamfer 3 mm 2T (71 slats acs 1%e"X°/4" (47.5X19) JS" (5) HARDWARE LIST ~•+• DESCRIPTION QUANTITY NC Leveler ~~ 4 Ali to BOTTOM ELEVATION ~ - 4 pcs Metal Frame Sheet ~ :314 SMITH 8 HAWKEN Date :May 3, 20U6 FINAL. OVERSIZE Customer W ~ gW Description :TABLE, PATIO ROUND WOOD TOP D SD : Material ~ Metal and teak slats H SH Finishing PITCH : AH Client Approval ~____ _~._ Date ~~~~ ~! n p, LL ~ ~ p~p O Z O rn' O ~' ~ a N' a O N~~~ +yY ~ ~ m y ~~ H d ~v U C D 'jjI ~ V c~ J a~ C ^ .-. tC ~°. 61 --• V ~ ..r s (~ ~ Sheet : 4/4 SMITH b HAWKEN Date : May 3, 2006 FINAL OVERSIZE Customer W SW Descriptia~ :TABLE, PATIO ROUND WOOD TOP 0 SD Material : Metal and teak slats H ~ SH Finishing PITCH : AH : Client Appn~val Date ____ a`s r- ~ s ~ ~ ~ .C p~j }( c~ s rt ~" ~ ie m Y ~ LL R = to H tL m ~ C 7 j m c.M J CLi r $ ~ N O ~ a U. .. N ~ V c ~ L U ~ ~ N LL U a L N _~ L to LL Sheet : 1/7 SMITH 8~ HAWKEN Date :May 3, 2006 FINAL OVERSIZE Customer W ~ 29Y8" (740) SW : 24" (610) Description :CHAIR, PORCH LOUNGE FRAME D : 32Y8" (815) SD : 26" (660) Material H ~ 33Ya" (845) SH ~ 133/8" (340) Finishing PITCH : 37" (940) AH : 24Ya" (615) Client Approval Date ATTACHMENT 4 Zoning Administrator Action 09-013 ZONING ADMINISTRATOR ACTION 09-013 CONDITIONAL USE PERMIT 09-018 552 EAST FIRST STREET The Zoning Administrator of the City of Tustin does hereby resolve as follows: The Zoning Administrator finds and determines as follows: A. That a proper application for Conditional Use Permit (CUP) 09-018 was filed by Keith Glassman of Glassman Planning Associates, Inc., on behalf of Starbucks, requesting authorization of an outdoor seating area at an existing Starbucks Coffee store at 552 East First Street. B. That the proposed land use is consistent with the Tustin City Code and General Plan. The site is zoned First Street Specific Plan (FSSP), Commercial as Primary. Outdoor seating areas are conditionally permitted in commercial areas. The land use is designated by the General Plan as Planned Community Commercial/Business, which allows for a mix of commercial and office uses. The project is consistent with the Air Quality Sub-element of the City of Tustin General Plan. C. That pursuant to Tustin City Code (TCC) Section 9299b(3)(e), the Zoning Administrator is authorized to consider requests for minor conditional use permits for existing development where there would be no change of occupancy or primary use, no expansion of floor area, and the request does not alter the original intent of the project/site. The proposed project meets all criteria to merit Zoning Administrator review of Conditional Use Permit 09-018. D. That a public hearing was duly called, noticed, and held for Conditional Use Permit 09-018 on December 14, 2009, by the Zoning Administrator. E. That the establishment, maintenance, and operation of the proposed use 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) Outdoor seating areas are permitted in commercial districts subject to approval of a conditional use permit. 2) The additional three (3) required parking space generated by the increase of eight (8) seats can be accommodated by existing 142 surplus parking spaces on-site; 3) As conditioned, the outdoor seating area shall contain trash receptacles and cleaned on a continual, daily basis; Zoning Administrator Action 09-013 CUP 09-018 December 14, 2009 Page 2 4) The proposed hours of operation are compatible with other commercial uses within Larwin Square and the First Street Specific Plan area; 5) The project site location meets the distance separation from certain uses identified in the outdoor seating guidelines; 6) There are no exterior or structural modifications proposed to accommodate the outdoor seating area, with the exception of the addition of outdoor furniture. F. This project is Categorically Exempt pursuant to Section 15301 (Class 1 - Existing Facilities) of Title 14, Chapter 3 of the Guidelines for the California Environmental Quality Act. II. The Zoning Administrator hereby approves Conditional Use Permit 09-018 granting authorization of an outdoor seating area at an existing Starbucks Coffee store at 552 East First Street, subject to conditions attached hereto. PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular meeting held on the 14th day of December, 2009. DANA L. OGDON ACTING ZONING ADMINISTRATOR ELOISE HARRIS RECORDING SECRETARY STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ELOISE HARRIS, the undersigned, hereby certify that I am the Recording Secretary of the Zoning Administrator of the City of Tustin, California; that Zoning Administrator Action No. 09-013 was passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 14th day of December, 2009. ELOISE HARRIS RECORDING SECRETARY EXHIBIT A -ZONING ADMINISTRATOR ACTION 09-013 CONDITIONAL USE PERMIT 09-018 552 E FIRST STREET CONDITIONS OF APPROVAL C;FNFR~I (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped December 14, 2009, on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Director of Community Development may also approve subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code. (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 09-018 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 Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. (1) 1.5 Any violation of any of the conditions imposed is subject to the issuance of an Administrative Citation pursuant to Tustin City Code Section 1162(a). (1) 1.6 Conditional Use Permit 09-018 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 Conditional Use Permit 09-018, 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 Conditional Use Permit. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENTS (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTIONS Exhibit A ZA Action 09-013 CUP 09-018 Page 2 (1) 1.7 As a condition of approval of Conditional Use Permit 09-018, 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) 1.8 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. USE RESTRICTIONS (1) 2.1 Operations of the outdoor seating use shall comply with the City of Tustin Noise Ordinance (Tustin City Code Section 4611 et seq.). *** 2.2 No alcoholic beverages shall be served. (1) 2.3 All outdoor dining or seating areas shall contain trash receptacles for use by the public or employees. (1) 2.4 All outdoor dining or seating areas shall be cleaned on a continual daily basis for removal of litter and food items which constitute a public nuisance (1) 2.5 All signs and advertisement materials placed in an outdoor dining or seating area shall be in conformance with the Sign Code as well as the Larwin Square Sign Program. *** 2.6 In order to accommodate the parking required by the increase of eight (8) seats, the Starbucks Coffee store shall be assigned three (3) of the surplus parking spaces in the Larwin Square Shopping Center. (1) 2.7 If, at any time in the future, the City is made aware and concurs that a parking problem exists at the subject site as a result of insufficient on-site parking availability, the Community Development and Public Works Departments may require the property owner to submit a parking demand analysis prepared by a California licensed traffic engineer and/or a civil engineer experienced in preparation of these documents, at no expense to the City within the time schedule stipulated by the City. If said study indicates that there is inadequate parking, the applicant may be required to reduce the demand for parking. Exhibit A ZA Action 09-013 CUP 09-018 Page 3 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 COUNTY CLERK 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.