Loading...
HomeMy WebLinkAboutPH 1 USE PERMIT 85-6 03-18-85 PUBLIC HEARINGS bOA? .... HONORABLE MAYOR AND CITY COUNCIL TO: COI~itlNITY DEVELOPMENT OEPARTMENT FROM: SUBJECT: APPEAL OF uSE PERMIT 85-6 APPLICANT: LOCATION: ZONING: ENVIRONMEMTAL STATUS: REQUEST: CHARLENE & HARRY GATES 450 W. FIRST Sll~EET COI~4ERCIAL GENERAL PLANNED UNIT DEVELOPMENT (CG-PUD) A NEGATIVE DECLARATION HAS BEEN APPLIED FOR TO CONFORM Wilt( THE CALIFORNIA ENVIRONMENTAL QUALIl~f ACT. AUll4ORIT_ATION TO DEVELOP A RETAIL AND OFFICE BUILDING OF 5,600 SQUARE FEET. BACKGROUND: On February 25, 1985 the Planning Commission held a public hearing to consider the request to construct a 5,600 square foot retail and office building at 450 West First Street. Staff recommended that Use Permit 85-6 be approved subject to the conditions in Resolution No. 2215. The Planning Commission approved the use permit by a 4-0 vote (Puckett absent) and adopted Resolution No. 2215 providing that the windows facing the condominium complex (southeasterly corner) be screened to the satisfaction of city staff. Please see attached staff report, resolution of approval, minutes and site and elevation plans. Planning Commission Report Use Permit 85-6 page two DISCUSSION: The Tustin Area General Plan and the Zoning Ordinance delineate land uses on Ivine Boulevard (West of Prospect) as professional office and on First Street as as retail commercial. However, professional offices are allowed in the commercial districts subject to a use permit when the office area is greater than 50%. (Please see code requirements in staff report) Existing on First Street are parcels that do not lend themselves to retail commercial uses due to either the size and shape of the parcel or the fact that it is located between other office buildings or in a mid-block area. Usually these areas are not sucessful in attracting good retail users and would be better used as office areas. RECOI~IENOATION: Pleasure of the Council. 'MARY/ANN C~(AMBERLAIN ' " Associate Planner MAC:pef Community Development Department Report to tho Planning Commission DATE: FEBRUARY 25, 1985 SUBdECT: USE P~R~tIT 85-6 APPLICANT/ OMNER: C~ARL£NE AND HARRY GATES LOCATION: ZONING: 450 WEST FIRST STREET COF~ERCIAL GEN£RJU- PLANNED UNIT DEVELOPMENT (CG-PUO) EN¥IROlmENTAL STATUS: REQUEST: A gEGATIY£ OECLARATION HAS ~EEN APPLIED FOR TO CONFORH WITH THE CALIFORNIA £NYIROI~NTAL QUALIqT ACT. AUTHORIZATION TO OE¥£LOP A Pi'TAIL AgO OFFICE BUILDING OF 5600 SQUARE FEET BACKGROUND: The subject property of 12,367 square feet presently has a single family house which was ~ivided into two units and four small units located behind the house along the southerly property line. Because there are no records on file, it must be assumed that these units were built before the city had a building or planning department. DEYELOPt~£NT PROPOSAL: The owner is now requesting authorization to construct a 5600 square foot building which would consist of the following building areas: Retail: 1st Floor 1170 Square. feet 2nd Floor 830 square feet Total 2000 square feet {10 parking spaces required) Office: 1st Floor None 2nd Floor 2760 square feet 3rd Floor 630 square feet Stair/Restroom 210 square feet Total 3600 square feet (12 parking spaces required) Retail: 36% Office: 64% Planning Commission Report Use Permit 85-6 page two The Commercial General District Code states the following requirements for office uses: Use Criteria - Office Development 1. Office developments wi thin the Commercial General District (CG} shall conform to retail commercial use parking standards for the first floor area unless otherwise specifically exempted pursuant to the approved conditional use permit. Findings, including but not limited to the following, shall be made by the Planning Commission prior to approving a conditional use permit for construction of a building where greater than fifty (50) percent of the total floor area, or any portion of the ground floor area is designated for occupancy for office uses. (a) Development or construction of professional or general office buildings would be more compatible with the surrounding uses in the area than permitted .retail commercial uses on the subject property. Development or construction of buildings restricted to a mixture of uses in which the retail commercial floor area exceeds fifty (50) percent of the total building floor area are exempt from office development use criteria {Ord. No. 654; Ord. No. 896, Sec. 13, 51-21-83) The proposed project falls under No. 2 when greater than 50% of the total floor area is designated for office use, a finding must be made that the office building would be more compatible with the surrounding uses in the area than 100% retail uses on the property. This finding will be placed in the resolution. The surrounding uses are retail commercial buildings, office buildings and some mixed retail/office buildings. At present, the City is considering amending the parking requirements for office buildings. If the proposed recommendation is accepted then the code would revised from one space per 300 square feet to one space per 250 square feet. This proposed project was first submitted for design review before the change in code was anticipated and the developer prepared the architectural drawings with our current standard. However, if this standard were revised and this building were considered as 100% office, the parking would still comply with the proposed change in parking requirements. Community Development Department Planning Commission Report Use Permit 85-6 page three The building elevations submitted indicate stucco with wood trim and tile roof. Some of the at-grade parking is tucked under the second floor which gives the building the appearance of being built on stilts. If the Commission desired a fire wall could be placed on the front elevation (north) to hide the post, which will provide the dual purpose of giving the structure a more' substantial appearance, while screening vehicles from view. RECOMMENDATION: Approve Use Permit 85-6 by the adoption of Resolution No. 221S. Associate Planner MAC:do attach: Resolution No. 2215 Exhibit "A" (Conditions of Approval) Site Plan Elevations Location Map Community Development DeparTment 1 2 5 6 7 $ 9 10 11 12 13 15 16 17 15 19 2O 21 23 2i 26 RESOLUTION NO. 2215 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING USE PERMIT 85-6 AT 450 WEST FIRST S'~REET The Planning Commission of the City of Tustin does hereby resolve as follows: The Planning Commission finds and determines as follows: That a proper application, (Use Permit No. 85-6) has been filed on behalf of Charlene and Harry Gates requesting authorization to construct a retail/office building of 5600 square feet at ¢S0 West First Street B. That a public hearing was duly called, noticed and held on said application. That establishment, maintenance, and operation of the use applied for 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, evidenced by the roi. lowing findings: The use is in conformance with the zoning ordinance and the Tustin Area General Plan. Development or construction of professional or general office buildings would be more compatible with the surrounding uses in the area than permitted retail commercial uses on the subject property. That the establishment, maintenance, and operation of the use applied for will not be injurious or detrimental to the property and improvements in the neighborhood of the subject property, nor to the general welfare of the City of Tustin, and should be granted. Proposed development shall be in accordance with the development policies adopted by the City Council, Uniform Building Codes as administered by the Building Official, Fire Code as administered by the Orange County Fire Marshal and street improvement requirements as administered by the City Engineer. F. A Negative Declaration has been applied for to conform with the California Environmental Quality Act. G. Final development plans shall require the review and approval of the Community Development Department. 5 6 7 $ 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 2215 page two II. The Planning Commission hereby approves Conditional Use Permit No. 85-6 to authorize the construction of an office/retail building at 450 West First Street subject to the conditions attached hereto in Exhibit "A": PASSED AND ADOPTEI)z at a reg. u~r ~meeting of the Tustin Planing Commission, held on the ~-'t:~ day of ~T_L/F~zg~9~yy,? , lgs~_~ . ~DI)NN~k ORR, Recording Secretary RONALD H. WHITE, Chairman EXHIBIT "A" CONDITIONS OF APPROVAL USE PERMIT 85-6 o A final grading plan should be prepared which delineates all proposed finished grades around the perimeter of the site as well as existing grades of properties immediately adjacent to and westerly, southerly, and easterly. All proposed public improvements requiring modification should be so noted on the final site and/or grading plan with reference to applicable city standards. These improvements will include but not be limited to the following: a. curb and gutter; b. sidewalk; c. drive apron; d. street trees (replacement/removal); e. removal of irrigation vault and plugging of pipe. The trash storage area at the south end of the property is accessed by a drive aisle with restricted height clearance. The developer should submit this plan to the city's contract refuse hauler, Waste Management, Inc. (SCA Services of Orange County), and request that they respond to the city by letter reg.arding their service capability with respect to the limited vertical clearance. Payment of Orange County Sanitation District No. 7 sewer connection fees will be required at the time a building permit is issued. Fee is based upon a charge of $50.00/1,000 sq. ft. of floor area less any past previous payments. East Orange County Water District fees will be required at the time a building permit is issued. Contact Earl Rowenhorst of Tustin Water Service for fee amounts. The assessors parcel map book shows the parcel to be 79.0 feet wide and 149.0 feet deep which differs from what is shown on the site plan. Developer should submit a legal description/deed of the property for clarification. Check that exterior stairways shall not project into yards where protection of openings is required, unless protected by rated walls and roofs (enclosed). The building shall comply in all respects with the building code, other related codes, city ordinances, and state/federal laws and regulations. Grading plans and soils report required by registered civil engineer. All roof top equipment shall b~ screened from view by a parapet wall or mansard roof. Community Developmem Department Exhibit "A" .Resolution No. 2215 page two ll. A sign plan must be submitted prior to issuance of any sign permits for the project. 12. A complete irrigation and planting plan is required, whfch should indicate the following: 13. a. point of connection; b. back flow prevention device(s); c. location and types of valves; d. location and sizes of piping; e. sprinkler head types and locations; and f. location, size and type of all plant material. That medical uses cannot be located in the building without providing additional on-site parking as may be determined by Planning Commission review. the windows/doors on the 2n~ floor of the southeasterly corner of the building shall be screened from a point 6'8" ~rom the floor. .... Community Development Depar~mem Planning Commission Minutes February 25, 1985 page CommissiOn discussion ensued concerning Section 5 (7) a of the draft political sign Ordinance, allowing only one political sign on any abutting property line in parkways. Their concern was in the event a citizen supported more than one candidate they should be permitted to support those candidates by posting signs for each. Commissioner Well moved, Sharp second to adopt sign ordinance amendment 85-1 by the adoption of Resolution 2216 changing Section 5 (7)(a) of the draft political sign Ordinance, "only one political sign shall be permitted on any abutting non-residential property line." Motion failed 2-2, White and McCarthy o~posed. Commissioner McCarthy moved, White second to approve sign ordinance amendment 85-1 as proposed. Motion failed 2-2, Well and Sharp opposed. Commissioner Sharp moved, Wetl second to approve sign ordinance amendment 85-1 by the adoption of Resolution 2216 with one change in Section 6 {7)(a) of the draft political sign Ordinance, "no more than three signs shall be permitted on any abutting propert~Y line." Motion carried 3-1. McCarthy oooosed. 5. USE PERMIT 85-6 Applicant: Location: Request: Harry Gates 450 West First Street Authorization to develop an office and retail building of 5,600 square feet. Presentation: Mary Ann Chamberlain, Associate Planner Chairman White opened the public hearing at 7:51 p.m. The following people spoke: Marvin Brown, 520 W. 1st Street, expressed concern with the impacts on the surrounding area by additional parking and traffic generated by this retail project. Louis Ferracone, 426 W. 1st, president of Tusttn Commons Homeowners, expressed concern with water drainage from the parking lot of the proposed building onto their housing project; traffic generated by the retail uses; and, the view from the second floor windows into the condominum recreation/common area. He suggested screening to protect the complex's privacy. Harry Gates, applicant, explained that they are not really in favor of retail use on this site, but according to the City Code they are required to provide retail space. ?he views from the building will be oriented away from the residential complex. When the neighboring condominium complex was built, the City Engineer reviewed the drainage and required holes in the block wall be installed. He hopes this was projected to accommodate drainage for future development of his site. Chair~n White closed the public hearing at 8:1¢ p.m. Commission discussion ensued concerning the necessity of retail uses and the impact on the area from additional parking and traffic. Commissioner Sharp moved, Well second to approve Use Permit 85-6 by the adoption of Resolution No. 2215 with Conditions of Approval attached in Exhibit "A" providing windows facing the condominium complex be screened to the satisfaction of City Staff. Motion carried 4-0.