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HomeMy WebLinkAboutCUP 10-013 CHIROPRACTOR 694 EL CAMINOInter -Com DATE: MARCH 7, 2011 TO: ZONING ADMINISTRATOR FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CONDITIONAL USE PERMIT 10-013 PROPERTY WILLIAM R. ZAPPAS OWNER: 3922 EMERALD STREET TORRANCE, CA 90503 APPLICANT: ANDY TAKAGI ALAKAI CHIROPRACTIC CLINIC 200 W. COLUMBINE AVENUE G8 SANTA ANA, CA 92707 LOCATION: 694 EL CAMINO REAL GENERAL PLAN: OLD TOWN COMMERCIAL TUSTI N ZONING: CENTRAL COMMERCIAL/COMBINING PARKING (C-2 P) ENVIRONMENTAL THIS PROJECT IS CATEGORICALLY EXEMPT PURSUANT STATUS: TO THE PROVISIONS OF SECTION 15301 (CLASS 1 - EXISTING FACILITIES) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT REQUEST: A REQUEST TO ESTABLISH AND OPERATE A CHIROPRACTIC OFFICE FRONTING EL CAMINO REAL AND LOCATED WITHIN THE OLD TOWN COMMERCIAL GENERAL PLAN LAND USE DESIGNATION. Zoning Administrator Report CUP 10-013 Page 2 RECOMMENDATION That the Zoning Administrator adopt Zoning Administrator Action (ZAA) 11-002 approving Conditional Use Permit (CUP) 10-013 to establish and operate a chiropractic office fronting EI Camino Real and located within the Old Town Commercial General Plan land use designation. BACKGROUND Location EI Camino Plaza is located along EI Camino Real where it turns into EI Camino Way and eventually dead ends into the Interstate 5 Freeway. The plaza is located within the southern area of Old Town Tustin bordered to the north by West 6th Street. A variety of commercial tenants which include retail, service commercial, restaurant, gym, and theater uses comprise EI Camino Plaza. The subject property is located within the Central Commercial and Combining Parking zoning district (C-2 P) and has a General Plan land use designation of Old Town Commercial. Surrounding Properties To the north of the project site along W. 6th Street lie commercial uses as well as multiple family residential uses. EI Camino Plaza is bordered to the south by the Interstate 5 Freeway and a single office building. Additional commercial properties also located within the C-2 P zoning district lie to the east of the project site across EI Camino Real and EI Camino Way. To the west lie commercial and industrial uses. Zoning Administrator Report CUP 10-013 Page 3 Conditional Use Permit Section 9233c(10) of the Tustin City Code requires that professional and general offices fronting onto Main Street or EI Camino Real and located within the Old Town Commercial General Plan land use designation require approval of a conditional use permit and are subject to the provisions set forth in Section 927lee(2). The subject property is considered a professional office and fronts onto EI Camino Real and is located within the Old Town Commercial General Plan land use designation; therefore, CUP 10-013 was submitted. DISCUSSION EI Camino Plaza is addressed on EI Camino Real, however, due to the configuration of the plaza the tenant spaces do not technically front EI Camino Real. There is an expansive parking lot that borders the street frontage along EI Camino Real with the tenant spaces recessed from the street and located along the perimeter of the parking lot. The plaza is oriented towards automobile use, unlike the majority of commercial properties within Old Town Tustin which are pedestrian oriented with buildings located along the street front where retail uses are encouraged. The proposed chiropractic business would be located within a 600 square foot ground floor tenant space located within EI Camino Plaza. Tenant improvements propose a waiting area and two rooms to perform chiropractic treatment. At the time of building plan check the project may require additional upgrades to the facility based on current codes. waume Area 1 { sr ss^ rr -�. e•s^—. it .. 694 00k. t 696 .IAN 9i 21 uwli+none M.r . Zoning Administrator Report CUP 10-013 Page 4 Hours of Operation/Parking The proposed hours of operation for the business are 9:00 a.m. to 7:00 p.m. Monday through Friday, 9:00 a.m. to 4:00 p.m. on Saturday, and closed on Sunday which are consistent with other uses within EI Camino Plaza. Chiropractic uses such as the one being proposed are classified as a professional office medical uses. As previously mentioned the property is located within the Combining Parking district which identifies medical office use parking ratios as 1 stall/300 square feet. This parking ratio is less intensive than a retail use parking ratio (1 stall/250 s.f.) which previously occupied the tenant space. No parking impacts are anticipated to result from the proposed use. Office Use Criteria Section 9271 ee(2) of the Tustin City Code specifies standards for professional and general office uses which are located on the ground floor and front onto Main Street or EI Camino Real and are located within the Old Town Commercial General Plan land use designation. In addition to requiring the approval of a conditional use permit, findings need to be made that offices would be more compatible with the existing and planned uses in the vicinity than a retail commercial use on the subject property and that an office use would be more beneficial in implementing applicable land use policies. Additional criteria requires that the proposed use is to be located in a multi -tenant retail center and is ancillary but complementary to the remaining mixed uses with respect to type of use, hours of operation, convenience, and parking demand. Chiropractic office use is defined as a professional office use, however, the use is very similar to that of a service commercial use which would have a high turnover of clientele throughout the day. In terms of foot traffic, the use is anticipated to be similar to the prior service commercial use of the tenant space as a nail salon. Due to the size of the tenant space (600 square feet) and recessed location it does not lend itself well to retail commercial usage. Accordingly, the proposed use is determined to be beneficial, complementary, and compatible with surrounding neighborhood and nearby retail establishments. Redevelopment Agency and Police Department The project site is located within a Redevelopment Agency project area and the City of Tustin Redevelopment Agency has reviewed and approved the proposed use. The City of Tustin Police Department has reviewed and approved the proposed use. FINDINGS In determining whether to approve the Conditional Use Permit for the proposed chiropractic office located at 694 EI Camino Real and within EI Camino Plaza, the Zoning Administrator must determine whether or not the proposed use will be detrimental to the health, safety, morals, comfort, and general welfare of the persons residing in or working Zoning Administrator Report CUP 10-013 Page 5 in the neighborhood or whether it will be injurious or detrimental to property or improvements in the vicinity or to the welfare of the City. A decision to approve this request as conditioned may be supported by the following findings: The location of the tenant space is recessed from the street with low visibility and makes it more suitable to a destination office use than general retail use. 2. The small size of the tenant space (600 square feet) does not lend itself well to a retail use which would require storage and display space for products. 3. Chiropractic office uses are similar in operation to service commercial uses which are located throughout EI Camino Plaza. 4. The proposed hours of operation are compatible with other uses within EI Camino Plaza. 5. The proposed office use is located in a multi -tenant retail center and is ancillary but complementary to the remaining mixed uses with respect to type of use, hours of operation, and convenience. 6. The proposed office use is beneficial, complementary, and compatible with surrounding neighborhood and nearby retail establishments. 7. The proposed use has been determined to be in conformance with the City's General Plan, which allows for a variety of retail, professional office, and service-oriented business activities to serve Old Town and surrounding areas, and 8. The center in which the proposed use would be located is within the Town Center Redevelopment Project Area. The City of Tustin Redevelopment Agency has reviewed and approved the proposed use. Staff recommends that that the Zoning Administrator adopt Zoning Administrator Action No. 11-002 approving Conditional Use Permit 10-013 to establish and operate an office located at 694 EI Camino Real which fronts onto El Camino Real and is located within the Old Town Commercial General Plan land use designation. Ryaniontek Assoc to Planner Zoning Administrator Report CUP 10-013 Page 6 Attachments: A. Location Map B. Land Use Fact Sheet C. Submitted Plans D. ZAA 11-002 ATTACHMENT A LOCATION MAP —,Z)CATION MAP wo V I W6. TUSTIN CITY MAP Project No. CUP 10-013 Address: 694 El Camino Real Tustin, CA 92780 w -f" nu" 00 44 M467 vy 400 so r^ yj aro srs 530 00 sw ma Jb 03 4W 30 13 5001 657 Ry dr ,My on 176 'No ATTACHMENT B LAND USE FACT SHEET LAND USE APPLICATION FACT SHEET 1. LAND USE APPLICATION NUMBER(S): CONDITIONAL USE PERMIT 10-013 2. LOCATION: EL CAMINO PLAZA 3. ADDRESS: 694 EL CAMINO REAL 4. APN(S):401-631-01,15 5. PREVIOUS APPLICATION RELATING TO THIS PROPERTY: NONE 6. SURROUNDING LAND USES: NORTH: COMMERCIAURESIDENTIAL SOUTH: COMMERCIAL EAST: COMMERCIAL WEST: INDUSTRIAL 7. SURROUNDING ZONING DESIGNATION: NORTH: C2 P/R3 SOUTH: C2 P EAST: C2 P WEST: PM 8. SURROUNDING GENERAL PLAN DESIGNATION: NORTH: OLD TOWN COMMERCIAL/HIGH DENSITY RESIDENTIAL SOUTH: OLD TOWN COMMERCIAL EAST: OLD TOWN COMMERCIAL WEST: INDUSTRIAL 9. SITE LAND USE: A. EXISTING: SHOPPNG CENTER (COMMERCIAL) PROPOSED: SAME B. GENERAL PLAN: OLD TOWN COMMERCIAL PROPOSED: SAME C. ZONING: CENTRAL COMMERCIAL (C2 -P) PROPOSED: SAME DEVELOPMENT FACTS: NO CHANGE TO THE EXISTING DEVELOPMENT IS PROPOSED. ATTACHMENT C SUBMITTED PLANS p = o UJ N {V u O Z 45 a. Ix 0 J LL 0 OI n m ti g� b w > d w V! z CL z 0 a w J w a 0 UU. U Z z� a. z Uzi 0 LL- � az Ix J V" LU 3 d 0 OI n m ti g� b w > d w V! z CL z 0 a w J w a 0 UU. U Z z� a. z Uzi 0 LL- � az Ix J V" LU 133HIS HIMS Ol9 ��vv rt Ozes 119 9' -2 11 g g U► l i l l l l l l l l I (1� TI �___I 1�Ololzlllt(l wwo3 (13AI303 T . Q ui cr 0 z Q v w � • ,�•�� 4� CCS ooc C:) cJ a QN, CD Con 'frI c r� - -- 1 119 9' -2 11 g g U► l i l l l l l l l l I (1� TI �___I 1�Ololzlllt(l wwo3 (13AI303 T . Q ui cr 0 z Q v w E N CSS CSS U a. W � • ,�•�� 4� CCS ooc C:) cJ a QN, CD Con c ct O v � w E N CSS CSS U a. W � • ,�•�� 4� CCS c ct O C4 O Con E N CSS CSS U a. W CONCEPTUAL PLAN ATTACHMENT D ZONING ADMINISTRATOR ACTION NO. 11-002 ZONING ADMINISTRATOR ACTION 11-002 CONDITIONAL USE PERMIT 10-013 694 EL CAMINO REAL 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) 10-013 was filed by Andy Takagi of Alakai Chiropractic Clinic to establish and operate a chiropractic office within EI Camino Plaza located at 694 EI Camino Real. B. That the property has a Central Commercial (C-2) zoning designation, Old Town Commercial General Plan land use designation, and is located within the Town Center Redevelopment Project Area which provide for a variety of commercial and entertainment 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 EI Camino Plaza fronts onto EI Camino Real and pursuant to Section 9233c(10) and 9271ee(2) of the Tustin City Code, professional and general offices located on the ground floor, fronting onto Main Street or El Camino Real and located within the Old Town Commercial General Plan land use designation require approval of a conditional use permit. D. That pursuant to Section 9299b(3)(k) of the Tustin City Code, the Zoning Administrator is authorized to approve, conditionally approve, or deny conditional use permits for professional and general offices which front onto Main Street or EI Camino Real and are located within the Old Town Commercial General Plan land use designation. E. That a public hearing was duly called, noticed, and held for Conditional Use Permit 10-013 on March 7, 2011, by the Zoning Administrator. F. That the establishment, maintenance, or operation of the proposed office use will not, under the circumstances of the use, be detrimental to the health, safety, morals, comfort, and general welfare of the persons residing or working in the neighborhood or injurious or detrimental to property and improvements in the neighborhood or the general welfare of the City in that: Zoning Administrator Action 11-002 CUP 10-013 Page 2 1) The location of the tenant space is recessed from the street with low visibility and makes it more suitable to a destination office use than general retail use. 2) The small size of the tenant space (600 square feet) does not lend itself well to a retail use which would require storage and display space for products. 3) Chiropractic office uses are similar in operation to service commercial uses which are located throughout EI Camino Plaza. 4) The proposed hours of operation are compatible with other uses within EI Camino Plaza. 5) The proposed office use is located in a multi -tenant retail center and is ancillary but complementary to the remaining mixed uses with respect to type of use, hours of operation, and convenience. 6) The proposed office use is beneficial, complementary, and compatible with surrounding neighborhood and nearby retail establishments. 7) The proposed use has been determined to be in conformance with the City's General Plan, which allows for a variety of retail, professional office, and service-oriented business activities to serve Old Town and surrounding areas, and 8) The center in which the proposed use would be located is within the Town Center Redevelopment Project Area. The City of Tustin Redevelopment Agency has reviewed and approved the proposed use. G. That this project is Categorically Exempt pursuant to Section 15301, Class 1, Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). The Zoning Administrator hereby approves Conditional Use Permit 10-013 to establish and operate an office located at 694 EI Camino Real which fronts onto EI Camino Real and located within the Old Town Commercial General Plan land use designation subject to the conditions contained within Exhibit A attached hereto. Zoning Administrator Action 11-002 CUP 10-013 Page 3 PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular meeting held on the 7t" day of March, 2011. Dana L. Ogdon 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. 11-002 was passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 7t" day of March, 2011. Eloise Harris RECORDING SECRETARY EXHIBIT A ZONING ADMINISTRATOR ACTION 11-002 CONDITIONAL USE PERMIT 10-013 CONDITIONS OF APPROVAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped March 7, 2011, on file with the Community Development Department, as herein modified, or as modified by the Community Development Director in accordance with this Exhibit. The Director may also approve subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code or other applicable regulations. (1) 1.2 All conditions in this Exhibit shall be complied with subject to review and approval by the Community Development Department. (1) 1.3 The subject project approval shall become null and void unless permits for the proposed project are issued and substantial construction is underway within twelve (12) months of the date of this Exhibit. Time extensions may be considered 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 10-013 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 As a condition of approval of Conditional Use Permit 10-013, 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. The City may, at its sole cost and expense, elect to participate in defense of any such action under this condition. 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 11-002 Page 2 (1) 1.6 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. USE RESTRICTIONS (1) 2.1 At the time of building permit application, the plans shall comply with the latest State and the City of Tustin adopted codes: California Building Code, California Electrical Code, City Ordinances, and State and Federal laws and regulations. (1) 2.2 The proposed hallway is required to comply with the width requirements (36" or 48" depending on door hardware) of the California Building Code, Section 1133132.4.2. (1) 2.3 Accessibility improvements, such as detectable warnings at the curb ramp, bathrooms and signage may be required to be installed per the California Building Code, Section 1134. FEES (2) 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 that 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.