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HomeMy WebLinkAboutPH 1 USE PERMIT 85-9 06-17-85 '~;~ ~ PUBLIC HEARING Inter- Corn Ju~e 17, 1985 TO: FROM: S U BJ ECT: HONORABLE MAYOR AND CITY COUNCIL CO~UNI'iT OEVELOPf~ENT DEPARTMENT APPEAL OF USE PERMIT 85-9 TUSTIN PLAZA APPLICANT: LOCATION: REQUEST: CARVER OEYELOPt4ENT PROPERTIES FRONTING ALONG THE WESTERLY SIDE OF NEWPORT AVENUE BETHEEN EL CJ~4INO REAL AND HAIN SIREU AUTHORIZATION TO CONSTRUCT A COI~UNITY SHOPPING CENTER AND T~O FREESTANDING OFFICE BUILDINGS. BACKGROUND: The City Council at its meeting on May 20, 1985 appealed Use Permit 85-9, a proposal be Carver Development to construct a community level shopping center with two freestanding office buildings. The Planning Commission previously approved Use Permit 85-9 with conditions on May 13, 1985. DISCUSSION: The "Tustin Plaza" shopping center site was previously approved for development of the "Tustin Town Center" a commercial office complex proposed by California Pacific Properties of Costa Mesa. The Planning Commission and City Council authorized three extensions to Cal Pacific's Use Permit whereupon the final extension expired and the property is now being offered to Carver Development. Carver Development has. discarded the concept of a mid-rise office complex in favor of a community level shopping center totalling approximately 91,000 square feet of retail and service tenant space. The shopping center portion of the project is located on 7.8 acres bounded by Main Street and Newport Avenue across from the civic center. The second parcel included is the vacant land totalling 2.8 acres fronting along Newport Avenue between 6th Street and E1 Camino Real. Two office buildings are proposed for this site totalling approximately 46,000 square feet in area each I~o stories in height. The site plan and elevations for all proposed buildings have been extensively discussed and analyzed by both staff and the Planning Commission. While the Planning Commission approved the project, conditions included the requirement for all final building elevations to be approved by the Planning Commission. This condition was specifically imposed responding to both community and Commission concerns regarding office building architecture. City Council Report Carver Development page two Pursuant to Commission direction, Carver Development has reconsidered its architectural plan and submitted revisions to the shopping center which improve and provide greater detail. However, since the office buildings were less favorably accepted, Carver has submitted completely revised architectural concepts as alternatives for Council consideration. At this time the attached "A" plans are those approved by the Planning Commission and appealed by City Council. The attached "B" plans are the alternatives submitted for Council consideration. The Council has the authority to either ratify the Commission's action, except the modifications as now submitted, or revise any of the project plans as necessary. Attachments to this transmittal include copies of staff's original report to the Planning Commission and the latest revised plans and color renderings. RECOI~ENDATION: Pleasure of the City Council. Director of community Development DDL:do attachments: Planning Commission staff report, May 13th Original plans "A" Revised plans "B" Community Development Department Repor the Planning Commission DATE: SUBJECT: APPLICANT: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: MAY 13, 1985 USE PERMIT 85-9 CARVER DEVELOPMENT 17 CORPORATE PU~ZA DRIVE NEWPORT BEACH, CA. 92660 THE VACANT PROPERTIES FRONTING ON THE WESTERLY SIDE OF NEWPORT AVENUE BETWEEN MAIN STREET AND EL CAMINO REAL PLANNED COMMUNITY COMMERCIAL A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT HAS BEEN APPLIED FOR IN COHPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT TO AUTHORIZE THE CONSTRUCTION OF A + 91,000 SQUARE FOOT RE'FAIL SHOPPING CENTER AND THE CONSTRUCTION--OF + 46,000 SQUARE FEET OF OFFICE SPACE ON THE SUBJECT PROPERTIES. BACKGROUND Following several hearings before the Planning Agency in late 198l, Use Permit No. 81-29 was approved for the vacant properties located on the westerly side of Newport Avenue, between Main Street and E1 Camino Real. The approved project, complete with an environmental impact report, consisted of 390,000 square feet of mixed commercial uses. Approximately 300,000 square feet was dedicated to professional office uses to be located in structures ranging from two (2) to six (6) stories in height. The remainder of the available square footage was reserved for restaurant and retail uses, along with a 15,000 square foot movie theater. During the public hearings, the majority of concern expressed by persons in attendance related to traffic impacts, and to the height of the then proposed structures. Based on information presented in EIR 81-2, 9,300 average daily trips {ADTS) could be expected to be generated from a 390,000 square foot mixed use complex. Although final elevations were not ever formally approved by the Planning and Development Agencies, a condition of approval contained in Resolution No. 2004 required' that a maximum height limit of 75 feet be established for the site. Neither the traffic generated nor the land use issues presented significant adverse impacts to the environment according to EIR 81-2. FILE COPY Cnm m~Jnitv l-)¢v~loom(~rl! DePartment Planning Con~nission Report May 13, 1985 page two PROPOSEO PROdECT {USE PERlCIT NO. 8S-9): The project currently before the Commission is a considerably different project from that previously approved. The square footage of office area has been reduced, from 307,000 square feet to slightly over 46,000. Conversely, the retail and restaurant' area has been expanded from approximately 50,000 square feet to over 90,000 square feet. The retail portion of the project will be constructed upon the triangular shaped property bounded by Main Street, Newport Avenue, and Sixth Street and consists 'of essentially a strip commercial concept with two additional free-standing structures. The office portion of the project is to be constructed on the parcel bounded by 6th Street, Newport Avenue, and E1 Camino Real, and consists of two, two-story buildings totalling approximately 46,000 square feet. DISCUSSION ANO PRO,]ECT ANALYSIS: There are several areas of discussion that must be addressed with a project of this size. For purposes of clarity each issue will be reviewed separately. Environmental: Pursuant to.Section 15153 (c) of the California Environmental Quality Act, an Environmental Impact Report (EIR 81-2) prepared for an earlier project may be used as a portion of an initial study prepared for a subsequent project. In this particular instance, EIR 81-2 certified in conjunction with a 390,000 square foot mixed use project, identified potential impacts on the environment. Specific focus on traffic and land use impacts was' stressed. In terms of traffic, EIR 81-2 noted that the previously approved project would generate 9,300 average daily trips (ADTS), but that when considering existing and projected service levels, this increased traffic volume would not create an adverse impact on the environment. Subsequently, using the same formula utilized in EIR 81-2, the initial study prepared for this project indicates the estimated ADT figures are less than half of the counts for the Cai-Pacific Project. Specifically, the trip generation figures for the subject project are as follows: (Bldgs 2 & 3) 78,371 square feet 12,647 square feet Retail Floor Area 3189 Restaurant Floor Area 712 Office 568 Total ~ These figures are based on estimated square footage breakdown between retail and and restaurant uses and are subject to change. However, the modifications in square footage would not create a significant difference in ADTS. The figure for the office space is, however, based upon the actual square footage requested. Corn munity Dcvelopmen~ Department fPlannlng Commission Report May 13, [985 page three Utilizing the findings contained in EIR 81-2, the initial study for the Carver Project concludes that a center generating less than 4,500 ADTS will likewise not adversely impact the area. In relation to land use impacts, both EIR 81-2 and the"current initial study identify the land uses proposed as compatible with each other, as well as, the surrounding community. The uses proposed will therefore not create adverse impacts to the area. So then, with the information referenced in EIR 81-2 within the context of the initial study, a negative declaration of environmental impact has been applied for in compliance with the California Environmental Quality Act. Development Standards and Site Plan Review: Pursuant to the Planned Community District Regulations which govern the development on these particular properties, prior to construction of any project a Development Plan must be approved. To meet the requirements of the Municipal Code, the project as submitted shall constitute the development plan. Since the site plan constitutes a portion of the development plan for the properties, it is essential that the review of all .aspects of the design be given special emphasis. The basic site lay-out for the triangular lot is generally acceptable, and parking has been provided at a more than adequate ratio. However, there are some minor alterations that wilt be necessary prior to issuance of buflding permits. These alterations include: placement of block walls; location and size of bike trail along Newport Avenue; adjustment of some parking stalls to accommodate proper and safe traffic movements; and, the possible relocation of the easterly drive-way serving. Main Street. Also, the use of stamped concrete will not be permitted. Interlocking pavers are to be used for the entry design feature. Similar modifications are necessary on the parcel designated for the office buildings. Two modifications in particular are needed. One, a 30 foot wide easement dedicated to the City shall be required at the point where the drive-way curb cut meets Newport Avenue, continuing to the northerly property line. This will provide a mechanism by which future development to the north will have access to and desired exposure from Newport Avenue. Second, the notation on the site plan stating, "Owner reserves the right to close off parking entry" shall be removed. In working with the applicant, it was this Department's intent to allow mutual access movements and parking accommodations. Finally, landscape treatment along the Newport frontage needs to be enhanced. A three foot planter is completely inadequate and staff recommends a minimum of 10 feet be required. This will necessitate removal or relocation of parking stalls along Newport. However, the 1:200 mixed use parking ratio can be reduced and still provide adequate parking. Once the modifications or corrections noted have been incorporated into the site plan, the final version will be returned to the Commission for review. Community Development Department Planning Commission Report May 13, 1985 page four Land Use Issues: As indicated in the section of this report related to environmental issues, the. proposed land uses of retail shops, restaurants, and professional offices within this project have been determined to be compatible with the surrounding area. The g0,000 square feet committed to retail (sales tax generating uses,) addresses recent concerns expressed by the City Council. Along these lines, the developer has committed highly visible buildings (2 and 3) for restaurants. Finance related businesses (i.e., Banks, Savings & Loans) or a multi-tenant facility similar to the newly constructed building in E1 Camino Plaza will not be permitted in either of the buildings as a requirement of the approved development plan. As a condition of approval the development plan shall include the retail uses on the triangular site shall be required to comprise at least 75 percent of leasable floor area. Since this project is considered as a singular development (even though the two parcels can stand independently), this requirement meets the intent of basic commercial zone standards requiring that at least 50 percent of the total floor area of a project be designated for retail use. Tied in with this concept, and to ensure that this intent is met, it will .be recommended that building permits for the office structures shall not be issued until permits'for the retail structure have been issued. This condition is to include issuance of permits for the free standing structures numbered 1 and 2 on the site plan, prior to the office structure. Finally, with a parking ratio of 1:250 provided for the office structures, the development plan for the project shall include the provision that retail users, particularly office support users, will be authorized for the ground floors of the office complex. ARCHITECTURAL CHARACTERISTICS OF THE PRO~IECT: The basic design theme of the retail portion of the project (Bldgs 3-10) is contemporary, using terracotta colored pitched roof, an off-white plaster fascia, and a contrasting feature color above the store front area. The store-front is situated under covered prominade and highlighted with plaster columns. Precise colors and materials will be presented at the Commission meeting. For the free standing structure (Bldgs 1 and 2), the applicant wishes to retain maximum flexibility to attract corporate or franchise tenants and therefore, the exact architecture has not been completely formalized. To allow this flexibility a condition of approval shall be that final elevations of Buildings 1 and 2 will require Planning Commission review and approval. The major concern of staff in relation to the architecture is with the Main Street elevations. With the rear of the rental space oriented towards Main and the requirement of the Uniform Building Code that a rear exit be included, Community Development Department Plannlng Commission Report May 13, 1985 page five the project architect is faced with a difficult task of providing aesthetically acceptable elevations, providing the required door. The proposed solution to these conflicting needs is to utilize a combination of a screen wall and a landscape berm as indicated on Exhibit "B". The exterior portion of the wall which will be visible from the street shall be treated with the same color and materials utilized on the building. From the street, this treatment will give the impression that the landscaping abuts the structure. Although perhaps not the optimal design from an aesthetic standpoint, this concept addresses the concerns. Staff, however, wishes to continue to work with the applicant on final elevation plans. This continued effort should not preclude the Commission from making a decision on the project. If changes to the design are implemented, all modifications would be referred for Commission approval. The two office buildings to be constructed are matching two story structures using a plaster and glass design. The major primary color utilized will be an off-white {matching the retail center) and will be accented by color bands along the top of the parapet and bordering window areas. The glass will be treated with a black anodized glaze. The flat roof shall be designed to screen, all roof-top equipment from view. As an entry point into the E1 Camino Real downtown area, this portion of the project is a focal point and of particular concern.. Being contemporary in nature, the structures are a slight departure from the desired down-town theme. Therefore, staff would like to continue to work with the applicant to develop a more acceptable architectural appearance. COMCLUSIOMS: From environmental and land use standpoints, the project requested in Use Permit Application and conceptually is an appropriate project for the properties. However, the complexity of the project necessitates further refinement to achieve the highest quality attainable. With the attached conditions of approval, staff is comfortable with a positive recommendation for the basic project. · Community Development Deparlment Planning Commission Report May 13, 1985 page six RECOI~IENDED ACTION: It is recommended that Use Permit Application No. 85-9 authorizing 91,018 square feet of retail space on the parcel of land bounded by Main Street, Newport Avenue, and 6th Street and authorizing 46,232 square feet of office space on the property bounded by 6th Street be approved subject to the. conditions contained in Exhibit "A" attached. Associate Planner Attachments: Exhibit "A" Reduced Elevations Exhibit "B" Full Size Elevations Community Development Department e Conditions of Approval Carver Development Use Permit Application 85-9 All final elevations shall be subject to review and approval of' the Director of Community Development. Elevations of buildings numbered 1 and 2 on the approved site plan must be reviewed and approved by the Planning Commission. However, in any event, all roof top equipment must be screened from view by parapet walls. All final details of corner plaza designs are subject to review and approval of the Director of Community Development. Along the westerly property lines of the project a 6'8" high, 6" wide block wall shall be constructed. An opening in said wall shall be created for pedestrian access from the senior citizen housing project located at 275 6th Street onto the retail portion of the project. Further, the applicant shall grant to adjoining property owners the right to remove the wall at such time their properties are redeveloped. This removal shall be subject to approval by the Community Development Director. The expense of the wall removal shall be borne by the adjoining property owner. An agreement shall be executed and submitted to the City stating that the owner of this project shall maintain all landscaping located within the public'right-of-way and along the bike trail. The landscape area along Newport Avenue shall be at least 10 feet in width. The developer shall provide a 30 foot wide easement at the Newport Avenue ingress/egress point to the office project, continuing from the front property line to the rear property line. The easement shall be granted in favor of the city and assignable to adjoining property owners providing access rights to Newport Avenue. The notation on. the site plan for the office project stating "Owner reserves the right to close off parking entry" shall be deleted , and mutual access and parking rights maintained. The final site plan shall be standardized and reflect all appropriate City standard drawing numbers. The developer shall construct all missing or damaged street improvements to said developmenmt per the City of Tustin "Minimum Design Standards of Public Works" and "Street Improvement Standards". This work shall consist' of, but not limited to: curbs and gutters, sidewalks, drive apron, street pavement, street trees and marbvelite street lights with underground conduit. Continuous 6" concrete curbs shall be provided along landscape planters adjacent to parking spaces and drive aisles. Community Development Department Exhibit "A" Variance 85-9 Page two 10. An irrigation plan shall be submitted to the ~Community Development Department for review and approval 'prior to installation of any irrigation system. Said plan shall include location and description of the following: point of connection; back flow prevention device(s); location and types of valves location and sizes of piping; sprinkler head types, locations and manufacturer model; automatic sprinkler controller location and specifications. A grading plan based on the Orange County Surveyor's bench mark datum should be submitted for rev.iew and approval. 12. The size and location of the water service and sanitary sewer lateral shall be shown on final site plan. 13. The proposed decorative pavement at all the driveway entrances and street intersections should be designated. Embossed or stamped concrete types are not acceptable within the areas of public right-of-way. Interlocking pavers constructed to city standards be utilized. 14. The bike trail/path along Newport Avenue shall be minimum width of 10.0 feet, as is the current trail and .that one located northerly of Main Street. The bike trail/path must be built to city standards with appropriate signing, striping and pavement markings. There shall be no right angle offsets within the bike trail as shown on attached plan. Any landscaping along the bike trail must be maintained so as not to exceed 30 inches in height from sidewalk level. 15. The bollards, as placed along Newport Avenue, could be a hazard for the bicyclist. Therefore bollards must be. relocated. 16. Whenever a five foot wide sidewalk is utilized adjacent to the curb, all' street lights, signs, fire hydrants and other above ground utilities must be located behind the sidewalk area. 17. All on-site trees must'be located so as not to interfere with the proposed street light system. 18. Public improvements will be required along the Main Street, Newport Avenue and 6th Street frontages and will include but not be limited to the following: Street paving Curb and gutter Sidewalks Bike trail, paving, signing and striping Traffic signal installation (50%) at 6th/Newport Community Development Department Exhibit "A" Variance 85-9 Page three g. h. i. j. k. Driveway construction Marbelite street lights with underground ~Jnduit Domestic and fire service systems Connection of all structures to sanitary sewer system Street trees as required Storm drain extensions as required 19. Dedication of all required right-of-way for Main Street widening, Newport Avenue widening and the Newport Avenue bike trail. 20. Enlargement of curb return radius at Newport/Main at southwesterly corner is required. 21. Payment of following fees is required at the time the initial building permit is issued: 80 County Sanitation District No. 7 sewer connection fee .based upon $50.00/1,000 square feet of building area and any front footage fee for connection to a County Sanitation District sewer (if required). East Orange C~unty Water District fee. Contact E~rl Rowenhorst Of Tustin Water Service for fee amounts. 22. Prior to approval of the subject project, the developer shall enter into an agreement with the City of Tustin for participation in a fee program (if adopted by the Tustin City Council) for implementation of the Eastern/Foothill Transportation Corridor. Said agreement shall provide that: The fee shall not exceed that amount as established by the nine. participating agencies within the Area of Benefit. Subdivider's obligation to' pay fee would only commence after the city establishes a fee program but not prior to issuance of building permits. Subdivider~s obligation to pay fee would cease if the fee program were not established within three years of the issuance of building permits. Subdivider shall furnish surety bond or money to assure payment of said fees. 23. The area of land northerly of Sixth Street is comprised of three parcels per the assessor's office maps and the-area southerly of Sixth Street is comprised of two parcels. Either a Covenant and Agreement to hold all parcels of land as one must be filed or a Parcel Map should be filed on each area .northerly and southerly o? Sixth Street. Comrnunl~/ D~celopment Depamment Exhibit "A" Variance 85-2 Page four 24. All utilities serving the subject property shall be required to be underground. 25. The final appeoved site plan, square footages, and public improvements are hereby incorporated into the Development Plan for the subject property. The final Resolution of Approval for Use Permit 85-9 shall adopt said plan and shall include the following guidelines: All land uses located within the project shall comply with the permitted uses established in Section 9235 et seq. of the Tustin City Code. One hundred percent (100%) of the square footage within buildings 11 and 12 shown on the approved site plan may be occupied by office uses. However, the first floor may also be utilized by retail users. Buildings 4 through 10 on the approved site plan are to be occupied by retail commercial businesses only. Buildings 2 and 3 shall be limited to single-tenant restaurant uses. Building 1 is strongly encouraged to be a single tenant. A minimum of 75% of leaseable area in the retail portion of the project shall be required to be occupied by retail users. e® A master sign plan shall be submitted for review and approval of the Planning Commission. Community Development Department SHOPS NI.I.SI*IJ. 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