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HomeMy WebLinkAbout02 CUP 03-005Report to the ITEM, S#2 Planning Commission DATE: SUBJECT: APRIL 14, 2003 CONDITIONAL USE PERMIT 03-005 APPLICANT: CARL LIND CELEBRATE! 1092 HYDE PARK DRIVE SANTA ANA, CA 92705 PROPERTY OWNER(S): PLAZA LAFAYETTE 13031 NEWPORT AVENUE, SUITE 200 TUSTIN, CA 92780 LOCATION' 13011 NEWPORT AVENUE, SUITE 102-B ZONING' ENVIRONMENTAL STATUS: REQUEST: CENTRAL COMMERCIAL (C-2) THIS PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO SECTION 15301 OF THE ENVIRONMENTAL QUALITY ACT (CLASS 1) CALIFORNIA AUTHORIZATION TO ESTABLISH A CERAMICS RETAIL STORE WITH ACCESSORY PAINTING CLASSES OR PARTIES FOR UP TO EIGHTEEN (18) PERSONS AT 13011 NEWPORT AVENUE, SUITE 102-B RECOMMENDATION That the Planning Commission adopt Resolution No. 3867 approving Conditional Use Permit 03-005 to establish a ceramics retail store with painting classes or parties for up to eighteen (18) persons at 13011 Newport Avenue, Suite 102-B. BACKGROUND The applicant is requesting authorization to establish a ceramics retail store with accessory painting classes or parties for up to eighteen (18) persons in an existing tenant space at the Plaza LaFayette shopping center. The site is located at the northwest corner of Newport Avenue and Irvine Boulevard (Attachment 1 - Location Map) in the Central Commercial (C-2) District. The site is bounded by an apartment complex to the north, commercial establishments to the east and south, and professional offices to the west. Planning Commission Report CUP 03-005 April 14, 2003 Page 2 Section 9233a(1) of the Tustin City Code permits retail businesses within the C-2 District and Use Determination 88-01, approved by the Planning Commission on January 9, 1989, allowed the establishment of "birthday party businesses" within the Central Commercial (C-2) zoning district with approval of a Conditional Use Permit. PROJECT DESCRIPTION The ceramics retail and painting classes or parties establishment (Celebrate!) will occupy a vacant tenant space which was once occupied by a personal training facility. The applicant has submitted a description of proposed operations as part of the application submittal (Attachment 2 - Submitted Plan and Proposed Business Operation). In general, the establishment will sell finished ceramics gifts and offer ceramics painting classes similar to the applicant's current business in Irvine. The applicant has indicated that he intends to close his business in Irvine and relocate to the City of Tustin. The retail portion of the business includes the sales of ceramic gifts, paints, and other related materials. The painting classes, typically for birthday parties, will be offered to a maximum of sixteen (16) or seventeen (17) persons with one or two instructors for a total of eighteen (18) persons in the facility at one time. While the business in Tustin will be open daily from 9:00 a.m. to 9:00 p.m., the applicant indicated that in his experience with the business in Irvine, most painting parties occur on weekends between 10:00 a.m. and 5:00 p.m. In addition, the applicant also intends to promote his business through local schools, senior center, senior homes, etc. by bringing the ceramics, paints, and materials to the facilities as part of Art Day, After School Enrichment program, or senior program. To accommodate the use, minor tenant improvements will be conducted at the facility. The proposed floor plan indicates a small reception/counter area, ceramics painting area, merchandise displays, a restroom, and a kiln that will be located to the rear of the tenant space. Since the proposed kiln is less than 4,000 BTU and is considered to be a relatively small kiln (not used for manufacturing) and no hazardous glazes or materials will be used, no adverse impacts will result from the installation or operation of the proposed kiln. Parking Requirements Based on the parking demand analysis that was prepared for the retail center in 1999 as part of the addition of a new parking area to the rear of Plaza LaFayette, the proposed tenant space was allocated six (6) parking spaces. Using a typical parking ratio for assemblies, which is one (1) parking space per three (3) persons, a maximum of eighteen (18) persons could be accommodated. Rather than preparing a new parking demand analysis, the applicant decided to propose a maximum of eighteen (18) persons in the facility at one time. Condition 2.1 of Resolution No. 3867 (Attachment 3) limits the maximum number of persons and instructors, prohibits overlapping classes or parties, and provides for future expansion of services through an administrative approval of a new parking demand analysis. The Traffic Engineer has reviewed the proposed use and has determined that, with the occupancy restrictions stated in Condition 2.1, the use will Planning Commission Report CUP 03-005 April 14, 2003 Page 3 demand an equivalent number of parking spaces as the previous use and no parking impacts are anticipated. In determining whether to approve the Conditional Use Permit, the Planning Commission 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 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 is supported by the following findings: 1) The proposed use would be located in a large commercial center and, as conditioned, would not be detrimental to surrounding properties in that the hours of operation, number of participants, and scope of operations for the proposed ceramics retail store with painting classes or parties would be compatible and consistent with the commercial retail uses in the center and nearby properties, and all operations would be conducted inside the building with closed doors. 2) The proposed use, as conditioned, would not result in parking impacts since painting classes or parties would be conducted for a maximum of eighteen (18) persons (clients and instructors) within the facility at one time, which is equal to the number of occupants that can be accommodated by the six (6) parking spaces allocated to the 1,200 square foot tenant space in the parking analysis dated December 1998 and approved by the City Council on July 6, 1999. The Traffic Engineer has reviewed the proposed use and has determined that with the occupancy restrictions included as Condition 2.1 of Resolution No. 3867, which result in the demand for an equivalent number of parking spaces as the previous use, no parking impacts are anticipated. J~6~-Wilrkor~ ' - ' Associate Planner Karen Peterson Senior Planner Attachments: 1. Location Map 2. Submitted Plan and Proposed Business Operation 3. Resolution No. 3867 S:\Cdd\PCREPORT~CUP 03-005.doc Attachment 1 Location Map LOCATION MAP PROJECT NO. ADDRESS CUP 03-005 13011 Newport Avenue, Suite 102-B Tustin, CA 92780 }f/ODD i Attachment 2 Submitted Plans and Proposed Business Operation Building Size Parking Ratio Total Parking Required Previous Use Starting Line (Retail) 1,200 square feet 1 space/200 square feet 6 spaces Proposed Use Celebrate (Retail/Assembly) 1,200 square feet/ 1 space/3 persons 6 spaces 18 persons Celebrate: 13011 Newport Ave Suite 102B ! ~1 ........ ,. ~ ~ o ~~_o., ! :.j~~ ~ - Uarkin - '~~/ / Tus tin, CA [ ,.,...,,.,._, '~ SITE PLAN ~-~~ Showing Celebratel ,~~ " 13011 Newpo~ Ave. ~Rv~NE UL~. Suite 102B _ , i ~ il il 15 , - Sidewalk- es!pueqo~e~ . Sidewalk. ADDENDUM PROPOSED USE OF PROPERTY Celebrate! will be a retail gift and ceramics painting store at the shopping center Plaza Lafayette. Originally located at Woodbridge Village Center in Irvine, we wanted to move closer to our home (we live 2 miles from Plaza Lafayette) and be more involved with our Tustin community and schools (our children attend Tustin Unified Schools). Although our concept consists primarily of retail gifts and ceramic painting~ we rely heavily on promoting our business through active community involvement. It is our intention to develop on-campus art programs with Tustin Schools during their ',Art Day" and "After School Enrichment" programs. Children drawing their own self-portraits (using computer generated images), ceramic painting and many other art projects are. already in the works. As in Irvine, we also plan to be very active with Senior Centers. In Irvine, our employees would take ceramics, paints and materials to local Senior Homes. Our culturally diverse staff (including handicapped, seniors, etc.) spent many mornings and afternoons visiting with residents, singing songs mid helping them paint their pieces. Our activities were well received and we plan to expand this program in Tustin. Also crucial to our promotional plan is our in-store parties. These parties are usually small in size (6 to 12 children), short in duration (two hours) and almost exclusively take place between 10AM and 5PM on Saturdays and Sundays, when there is ~nore thtm ample parking available at Plaza Lafayette. We plan on averaging between 2-4 parties each weekend day. It is also our experience that, only the birthday child's Mom or Dad stay with the party guests, further reducing the parking impact. It worked very well at our Irvine location. Although the parties use only minor resources and account for only a fraction of our sales, they have a large impact on our retail sales and word-of-mouth promotion. As with any retail business, an effective marketing and promotional plan is crucial to the success of the business. We look forward to opening our store at Plaza Lafayette and cot~tributing to theTustin community in which I have lived since 1964. Thank you for your time and consideration, Carl Lind Attachment 3 Resolution No. 3867 RESOLUTION NO. 3867 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 03- 005 AUTHORIZING THE ESTABLISHMENT OF A CERAMICS RETAIL STORE WITH ACESSORY PAINTING CLASSES OR PARTIES FOR UP TO EIGHTEEN (18) PERSONS WITHIN A 1,200 SQUARE FOOT TENANT SPACE AT 13011 NEWPORT AVENUE, SUITE 102-B. The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. A proper application, Conditional Use Permit 03-005, was filed by Mr. Carl Lind (Celebrate!), requesting authorization to establish a ceramics retail store with accessory painting classes or parties for a maximum of eighteen (18) participants (clients and staff) within an existing 1,200 square foot tenant space located at 13011 Newport Avenue, Suite 102- B, in the Plaza LaFayette retail center within the Central Commercial (C-2) Zoning District and the Community Commercial General Plan land use designation. B. The General Plan Community Commercial land use designation provides for a variety of commercial uses, including retail stores with accessory classes or parties. 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, "Birthday party businesses" are conditionally permitted in the Central Commercial (C-2) Zoning District, pursuant to Use Determination 88- 01 approved by the Planning Commission on January 9, 1989. Do That a public hearing was duly called, noticed, and held for said application on April 14, 2003, by the Planning Commission. 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) The proposed use would be located in a large commercial center and, as conditioned, would not be detrimental to surrounding properties in that the hours of operation, number of participants, and scope of operations for the proposed ceramics retail store with painting classes or parties would be compatible and Resolution No. 3867 Page 2 consistent with the commercial retail uses in the center and nearby properties, and all operations would be conducted inside the building with closed doors. 2) The proposed use, as conditioned, would not result in parking impacts since painting classes or parties would be conducted for a maximum of eighteen (18) persons (clients and instructors) within the facility at one time, which is equal to the number of occupants that can be accommodated by the six (6) parking spaces allocated to the 1,200 square foot tenant space in the parking analysis dated December 1998 and approved by the City Council on July 6, 1999. The Traffic Engineer has reviewed the proposed use and has determined that with the occupancy restrictions included as Condition 2.1 of Resolution No. 3867, which result in the demand for an equivalent number of parking spaces as the previous use, no parking impacts are anticipated. F, 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 Planning Commission hereby approves Conditional Use Permit 03-005 authorizing the establishment of a ceramics retail store with accessory painting classes or parties for a maximum of eighteen (18) persons (clients and staff) within an existing 1,200 square foot tenant space located at 13011 Newport Avenue, Suite 102-B, subject to the conditions contained within Exhibit A attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 14th day of April, 2003. LINDA C. JENNINGS Chairperson ELIZABETH A. BINSACK Planning Commission Secretary Resolution No. 3867 Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 3867 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 14th day of April, 2003. ELIZABETH A. BINSACK Planning Commission Secretary GENERAL (1) 1.1 (1) 1.2 (1) 1.3 (1) 1.4 (1) 1.5 EXHIBIT A RESOLUTION NO. 3867 CONDITIONAL USE PERMIT 03-005 CONDITIONS OF APPROVAL The proposed project shall substantially conform with the submitted plans for the project date stamped April 14, 2003, 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. 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. All conditions in this Exhibit shall be complied with as specified, subject to review and approval by the Community Development Department. Approval of Conditional Use Permit 03-005 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. As a condition of approval of Conditional Use Permit 03-005, 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 defense of any such action under this condition. (2) (3) (4) SOURCE CODES STANDARD CONDITION CEQA MITIGATION UNIFORM BUILDING CODE/S DESIGN REVIEW EXCEPTIONS (s) (6) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY Exhibit A Resolution No. 3867 Page 2 (1) 1.6 Any violation of any of the conditions imposed is subject to the payment of a civil penalty of $100.00 for each violation, or such other amounts as the City Council may establish by ordinance or resolution, and for each day the violation exists, subject to the applicable notice, hearing, and appeal process as established by the City Council ordinance. 1.7 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. (***) 1.8 Conditional Use Permit 03-005 may be reviewed annually or more often, if deemed necessary by the Community Development Department, to ensure compatibility with the area and compliance with the conditions contained herein. USE RESTRICTIONS A maximum of eighteen (18) persons (clients and instructors) shall be in the facility at any given time. No overlapping of classes or parties shall be permitted. If additional parking becomes available, or a parking demand analysis is submitted which demonstrates sufficient parking would be provided, the total number of persons may be increased at a ratio of one (1) parking space for every three (3) persons. The property owner or business owner may submit a written request, with supporting documentation warranting an increase in students or instructors, to the Community Development Director for an administrative amendment to the conditional use permit. (4) 2.2 Hours of operation of the store and classes/parties shall be limited to 9:00 a.m. to 9:00 p.m. daily. The Director of Community Development may approve a request to modify the hours of operation if they are deemed to be compatible with the surrounding area. (.1) 2.3 No congregation in the parking area or walkways is allowed in association with the use. (1) 2.4 The subject property shall be maintained in a safe, clean, and sanitary condition at all times. The applicant is responsible for collection of any trash associated with the proposed project or its participants. (1) 2.5 No signs or other forms of advertising or attraction may be placed on the site without approval from the Community Development Department. (1) 2.6 No exterior public pay telephones, coin-operated video games, or vending items are permitted. Exhibit A Resolution No. 3867 Page 3 (1) 2.7 If in the future the City determines that a parking, traffic, or noise problem exists on the site or in the vicinity as a result of the proposed project, the Community Development Director may require the applicant to prepare a parking demand analysis, traffic study, or noise analysis and the applicant shall bear all associated costs. If said study indicates that there is inadequate parking or a traffic or noise problem, the applicant shall be required to provide mitigation measures to be reviewed and approved by the Community Development Department and/or Public Works Department. Said mitigation measures may include, but are not limited to, the following: a. Adjust hours of operation. Reduce the number of persons allowed in the facility at any given time. (1) 2.8 No change or alteration of the tenant space shall occur without prior approval of the Community Development Director. Major modifications to the floor area, services, and/or operation of the business may require consideration of a new Conditional Use Permit by the Planning Commission. BUILDING DEPARTMENT (1) 3.1 Prior to commencement of painting classes or parties, the applicant shall obtain permits for improvements to the tenant space and complete all improvements to the satisfaction of the Community Development Department. At the time of building permits application, the plans shall comply with the 2001 California Building Code (CBC), 2001 California Mechanical Code (CMC), 2001 California Plumbing Codes (CPC), 2001 California Electrical Code (CEC), California Title 24 Accessibility Regulations, Title 24 Energy Regulations, City Ordinances, and State and Federal laws and regulations. (1) 3.2 Building plan check submittal shall include the following: · Four (4) sets of construction plans, including drawings for mechanical, plumbing, and electrical. · Note on plans that no field changes shall be made without prior approval from the Building Official and architect or engineer of record. (1) 3.3 The plans submitted shall indicate that one (1) restroom is accessible to persons with disabilities as per State of California Accessibility Standards (Title 24). (1) 3.4 A level floor or landing shall be provided at all doors. This area shall have a minimum length of 60 inches in the direction of the door swing and 48 inches in the opposite direction of the door swing. Exhibit A Resolution No. 3867 Page 4 (1) 3.$ Vehicle parking, primary entrance to the building, the primary paths of travel, cashier space, sanitary facilities, drinking fountain, and public telephones shall be accessible to persons with disabilities. The proposed interior ramp shall be four (4) feet wide with a slope of not more than 8.33 percent. (1) 3.6 All new glass doors and windows, in or adjacent to doors, shall be tempered per the 2001 California Building Code Section 2408.4. (1) 3.7 The kiln vent pipe through the roof shall be screened from public view. Prior to issuance of any building permits, screening materials shall be reviewed and approved by the Community Development Department. ORANGE COUNTY FIRE AUTHORITY (5) 4.1 Prior to the issuance of a building permit, the applicant shall submit to the Fire Chief a list of all hazardous, flammable and combustible liquids, solids, or gases to be stored, used, or handled on-site. These materials shall be classified according to the Uniform Fire Code and a document submitted to the Fire Chief with a summary sheet listing the totals for storage and use for each hazard class. Please contact the OCFA at (714) 744-0499 or visit the OCFA website to obtain a copy of the "Guideline for Completing Chemical Classification Packets." FEES Prior to issuance of any building permits, payment shall be made of all applicable fees, including but not limited to, the following. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. A, Building plan check and permit fees to the Community Development Department based on the most current schedule. B. Orange County Fire Authority plan check and inspection fees to the Community Development Department based upon the most current schedule. (2) 5.2 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 forty- three dollars ($43.00) 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.