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HomeMy WebLinkAboutPH 7 USE PERMIT 84-18 10-15-84 PUBLIC HEARINGS NO. 7 OATE' 0c1:. 15, 1984 TO: FROM: SUSJ ECT: HONORABLE RAYOR AND CITY COUNCIL COHNUIilTY DEYELOP~ENT DEPARTt~NT APPCAL OF USE PEPJ~IT 84-18 LOCATION: ZONING: EN¥IRONI~NTAL STATUS: REQUEST:' EL CAFIINO PLAZA, SOUTilME:STERLY CORNER OF SIXTH STREET AND EL CAMINO RF. AL-TONN CENTER REOEYELOPHENT PROJECT AREA m'RAL COPirr_RCIAL (c-2) CATEGORICALLY EXDIPT; CLASS 3, NEM CONSTRUCTION OF sWiALL STRUCTURES AU'T,OnZ:ZA.TIO" TO CONDUCT AN ANOITION RETAIL SPACE AND $,$00 SECOND FLOOR OFFICe. :SPA~ lU EXISTING IqARSHALL'S BUILDING MIITL[ VARYING HII'H THE D'[STRICT PARKING REQUIRr:.FIEIITS BACKGROUND: On September 24, 1984 the Planning Commission held a public hearing to consider the application for additional square footage in the E1 Camtno Plaza Center while varying with the district parking requirements. Staff recommended that the Use Permit be approved with conditions. The Planning Commission approved the Use Permit by a 5-0 vote and subsequently adopted Resolution No. 2181. (Please see attached staff report, resolution and exhibit.) RECOWqENDED ACTION: Pleasure'of the City Council. Associate Planner MAC:do Attachments: Staff Report (9/24/84) Resolution No. 2181 Report Planning commission pIIRLT~ I~t:'ART#K ~.~ DATE: SUB,]ECT: APPLICANT: LOCATION: ZO#I NG: ENY TROHHENTAL STATUS: REQUEST: SEPTERBER 24, 1984 USE I)ERFIIT 84-18 WILLTAH ZAPPAS EL CANINO PLAZA, SOUTHNESTERLY CORNER OF' SIXTH STREET AND EL CAHINO RF. JU.,-TONN CZNTER RED£YL'L. OFglZNT PRO,I£CT AREA (:Z:NTRAL COmE:RIAL (C-Z) CATEGORICALLY EXEMPT; CLASS 3, BEg CONSTRUCTION OF SHALL STRUCTURES AUTHORIZATION TO CONSTRUCT AN ADDITIONAl- 5,500 FIRST FLOOR RETAIL SPACE AND 5,5OO SECOND FLOOR OFFIC~ SPAC~ TO THE EXISTING MARSHALL'S BUILDING WHILE VARYING NIlll THE DIS'rRICT PARKING REQUIREMENTS BACKGROUND AND DISCUSSION: On January 12, 1976 The Planning Agency authorized the renovation of the existing Tustin Square Shopping Center (now E1 Camtno Plaza). At that time the center did not include the parcel of land where Marshall's Department store is presently located*. The owner, Mr. Zappas, has since purchased the Marshall's parcel and made various improvements to the building and added a new 4,000 square foot retail building on the corner. The owner is now requesting authorization to add a 2 story addition to the Marshall's building. The proposal is to add-5,500 square feet of retail on the first floor and 5,500 square feet of office on the second floor. According to a parking lot survey by staff, the following statistics differ from those submitted on the site plan. The parking breakdown for the center is as follows: Existing parking: 538 spaces Existing parking requirements: 533 spaces 1. Theatre - 1 space per 3 seats (267 seats) 89 spaces 2. Offices - 1 space per 300 square feet (6,650) 22 spaces 3. Retail - 1 space per 200 square feet (84,250) 422 spaces . Community Development Department Use Permit Page 2 The new addition would cause the center to lose 25 spaces and create an additional need as follows: Office -i per 300 square feel 5,500 - 18 spaces Retail - I per 200 square feet 5,500 - 28 spaces · --4"~--spaces Therefore the center would be diftcient 66 spaces from code requirements_. ANAkYSIS: The theater at present requires 89 parking spaces. To justify the need for fewer spaces, the applicant has submitted the following information: During the week the theatre does not open until after 6 p.m. and patrons usually arrive somewhere between 6:15 and 6:45 p.m. All of the retail stores close at 6 p.m. except two (2) eating establishments. On Sunday the dinner theater has an afternoon matinee and an evening performance while only a few of the shops are open until 5 p.m. If the theater use were to change to a retail commercial use, the parking requirements would drop from 89 spaces to 50 spaces (approximately 10,000 square feet of area). All of the parking spaces now existing in the center parking lot are standard size spaces and 15 spaces could be added if 20% of the center spaces were to be restripped to compact size, if the Commission so desires. Based on previous actions by the Planning Commission, times of operation have been considered acceptable conditions in the granting of minor parking variances. The Elizabeth Howard Dinner Theatre use was approved by the City of Tustin License and Permit Board on March 6, 1980 which limited their hours of operation from 6 p.m. to midnight on weekdays and noon until midnight on Sunday's to allow a matinee. RECO~ENDED ACTION: Staff recommends that Use Permit 84-18 be approved subject to the deviation in the parking requirements and direct staff to prepare a resolution for consideration at the next meeting. Associate Planner MAC/lg Encls: Site Plan Elevations Exhibit A community Development Department EXHIBIT IA' CONDITIONS OF APPROVAL SUGGESTED LIST OF CONDITIONS IMPOSED USE PERRIT NO. 84-18 1. A grading plan should be submitted showtng all proposed and extsting g~ades of facilities wtthtn the llmtts of the project. Z. Any construction wtthin the publtc right-of-way should be so Indicated wtth appropriate Cfty Standards on either the final site or gradtng plan. 3. Marbelfte street lights w~th underground condutt may be required. Contact Ron Rust with the Edison Co. at 973-5455 for design. 4. The domesttc*w~ter and sewer servtce should be shown on thts plan. These should be taken from the Sixth Street facilities. 5. Compliance with all Fire DepartJ~e. nt regulations. 6. Payment of Orange County Sanitation District No. ? fees in the amount of $50/1,000 sq. ft. of floor area will be required at the time a building permit is issued. 7. Payment of East Orange County Water District fees will be required at the time a building permit is issued. Contact Earl Rowenhorst at Tustin Water Service for fee amounts. 8. Signs will require approval before permit issuance and shall match the master sign plan for E1Camtno Plaza. 9. Elevations shall match the existing center elevations. 10. All roof top equipment shall be screened from view. 11. The trash enclosure shall be constructed of masonry material, covered and secured to prohibit unauthorized dumping which presents a nuisance to the surrounding community. Community Development Deparlmen! I~1.,.I I I ) I J 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 23 25 26 27 28 RESOLUTIO~ NO. Z18~ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, GRANTING A ~SE PERMIT TO AUTHORIZE DEVELOPMENT OF AN ADDITIONAL 5,500 SQUARE FEET OF RETAIL COMMERCIAL BUILDING AND 5,$00 SQUARE FEET OF OFFICE SPACE WITHIN THE EL CAMINO SHOPPING CENTER AT THE SOUTHWESTERLY CORNER OF SIXTI~ STREET AND EL CAMINO REAL. The Planning Commission of the City of Tustin does hereby follows: I. The Planning Commission finds and determines as follows: Be resolve as That a proper application, (Use Permit 84-18) was filed by William Zappas requesting authorization to consturct a ~[,500 square foot retail commercial building and 5,500 square feet of office space in the E1 Camino Plaza Shopping Center at the southwesterly corner of Sixth Street and E1Camtno Real. That the project is categorically exempt from the requirements of the California Environmental Quality Act, Class I (e). 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 as evidenced by the following findings: 1. The use is in conformance with the Tustin Area General Plan and City Code Zoning provisions. 2. The shopping center is an existing development. That that establishment, maintenance and operation of the use applied for will not be injurious or detrimental to the~roperty and improvements in the neighborhood of the subject .property, nor to the general welfare of the City of Tusttn and should be granted. The 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. Final development plans shall require the review and approval of the Director of Community Development. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ,UTION NO 2181 October 8, 1984 page 1~o That the parking variance as applied for shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and district in which the subject property is situated and that because of special circumstances applicable to the subject property, the strict application of the zoning ordinance is found to deprive subject property of privileges enjoyed by others in the vicinity and under identical zone classification as evidenced by the following findings: 1. Use of existing theatre building remains as a night time activity as licensed by the License and Permit Board. 2. The new addition will be ~rtmarily a day {ime use. The Planning Commission hereby grants a use permit, as applied for, to authorize the construction of $,500 square feet of retail space and 5,$00 square feet of office space addition to E1 Camino Plaza subject to the conditions as attached hereto in Exhibit "A". PASSED AND ADOPTED at a regualr meeting of the Tustin Planning Commission held on the day of 1984. RONALD H. WHITE, Chairman DONNA ORR Recording Secretay 28 EXHZBZT CONDI"TZO#S OF APPROVAL SUGGESTED LIST OF CONDZTIONS IRPOS£D USE PERHIT I10o 84-18 A grading plan should be sumbitted showing all proposed and existing grades of facilities within the limits of the project. 2. Any construction within the public right-of-way should be so indicated with appropriate City Standards .on either the final site or grading plan. 3. Marbelite street lights with underground conduit may be required. Contact Ron Rust with the Edison Co. at 973-5455 for design. 4. The domestic water and sewer service should be shown on this plan. These should be taken from the Sixth Street facilities. 5. Compliance with all Fire Department regulations. 6. Payment of Orange County Sanitation District No. 7 fees in the amount of $50/1,000 sq.ft, of floor area Will be required at the time a building permit is issued. 7. Payment of East Orange County Water District fees will be required at the time a building permit is issued. Contact Earl Rowenhorst at Tusttn Water Service for fee amounts. 8. Signs will require approval before, permit issuance and shall match ~he master sign .plan for E1Camino Plaza. g. Elevations shall match the existing center elevations. 10. All roof top equipment shall be screened from view. ll. The trash enclosure shall be constructed of masonry material, covered and secured to prohibit unathorized dumping which presents a nuisance to the surrounding community. 12. A lighting plan for the parking lot if necessary. Community Development Department