HomeMy WebLinkAboutPH USE PERMIT 1 81-29 10-21-81DATE:
TO:
FROH:
SUBJECT:
October 21, 1981
:30 PUBLIC HEARING FOR USE PER-
MIT
Inter-Corn
Honorable Chairman and Planning Agency Members
Community Development Department
Use Permit 81-29
RECOMMENDED ACTION:
Staff recommends approval of Use Permit 81-29, by the adoption of Resolution
No. 2004.
Applicant: Cal Pacific Properties
Location: Newport Avenue, between Main Street and E1 Camino Real
Zoning: Planned Community-Commercial (PC-C)
General Plan Designation: Commercial
BACKGROUND:
Use Permit 81-29 was filed to authorize the construction of a mixed use devel-
opment consisting of offices, financial, commercial retail, restaurants and a
motion picture theatre. In a Planned Community District, a Development Plan
must be approved by use permit prior to construction.
The project site is approximately eleven (11) acres fronting on Newport Avenue
between Main Street and E1 Camino Real (formerly Laguna Road). The majority of
the site is currently used for the storage of large trucks and old farm equip-
ment, along with a few sheet metal warehouses and old packing houses. The
remainder of.the site is vacant. The original use of the land was a packing
house for oranges, and a railroad line for shipping.
Existing land uses surrounding the project site include the Civic Center across
Main Street to the north, commercial across Newport Avenue to the east, commer-
cial across E1Camino Real to the south, and multi-family residential and some
commercial immediately to the west.
The site is located in the City's redevelopment area, nearby to the Old Town
Tustin area.
DISCUSSION:
The project is proposed to be developed in. five (5) phases over a five year
period. The first four phases are contained in Site I, located north of Sixth
Street, between Main and Sixth Street. Site II encompasses the fifth phase and
is located south of Sixth Street, between E1Camino Real and Sixth Street. The
specific square footage breakdown includes:
Use Permit 81-29
Page 2
Site I Site II
Office 285,450 30,180 315,630 81%
Restaurant 13,000 8,375 21,375 6
Retai 1 20,000 20,000 5
Fi nanci al 15,000 15,000 4
Theatre 16,500 16,500 4
~ 90% ~ 10% 389,005 100%
The proposed project will result in the development of 315,630 square feet of
office and 72,875 square feet of retail commercial mix. In addition, a four
level parking structure, of which one level will be subterranean, will be con-
structed and a plaza for p~rking.
Staff's major concern in evaluating the impact of the proposed land uses is
that the project will help solidify the area by meeting the goals of the
General Plan for a communiity identity in the downtown. The General Plan
identifies three areas of concern, which include:
"To obtain a distinguishable community identity related to commu-
nity pride and cohesiveness of political, social and economic fac-
tors''; "To revitalize the economic health of the Town Center
Area"; "The economic base and reputation of the community will be
based upon the quantity and quality of professional office space
and commercial centers."
As proposed, the inclusion of a multi-screen theatre and restaurants will
make the area suitable for evening activities along with the daytime use.
This is an important factor, inasmuch as this intensity of daily use will
serve as a consolidating factor for the downtown. Within this area will be
included the Community Center, the multi-screen theatre, and a live dinner
playhouse, along with a variety of restaurants. Most of the community will
use the area, and it is anticipated that due to this level of activity, the
area will gain a distinguishable community identity and serve as a focal
point.
To aid in insuring that the land uses are built as proposed, staff recom-
mends a condition that any deviations from the proposed land uses will
require an amended use permit before the agency. This condition does not
give total assurance that the project will be built as proposed, but gives
written record of the importance the agency places in these uses.
2. Height: The proposed building heights for the development include:
a. Building A, four story structure, 75 feet tall (79 from street grade).
b. Buildings B and C, six story structures, 101 feet tall (105 from street
grade).
c. Building Y, a one story restaurant.
d. Building Z, a two story office.
Use Permit 81-29
Page 3
Se
The above heights include a fourteen foot high mechanical enclosure. It
should be noted that the visual height impact of the mechanical enclosure
is significantly less than the building itself. As proposed, though, the
two six story structures would be the tallest in the city. The applicant
is proposing to utilize a wood trellis and landscaping at the street level
to soften the impact, and to jog the building heights to reduce the overall
impact. In addition, the architect is attempting to reduce the overall
height by redesign.
The Planning Community District requirements do not specifically call out a
maximum height, but instead has the applicant propose the height and number
of stories as part of the use permit process. Due to the fact that the
project area is located in the central business district, is served by
major arterials, and is not nearby to residential districts, staff feels
this is a suitable location for a tall structure. In an effort to gain a
grasp on this proposal and possible future proposals, staff suggests that a
height limitation be imposed. That Building A, a four story structure, not
exceed 75 feet from street grade, including mechanical equipment. Build-
ings B and C, six story structures, shall be constructed under one hundred
feet from street grade, including mechanical equipment. Buildings Y and Z
are not a concern, as the tallest structure is two stories.
Fire. The Orange County Fire Department has indicated that they have
equipment now that is capable of handling a fire in a six story structure
in Tustin. In addition, Buildings A, B and C will be required to install
high rise fire safety specifications as outlined in the Fire Code.
Setbacks. Main Street is designated as a primary arterial (50 foot R.O.W.)
developed to a 40 foot R.O.W. standard. The applicant will have to main-
tain a fifteen foot setback from the ultimate right-of-way, giving a
twenty-five foot setback until the street is widened. Newport Avenue
requires a 50 foot dedication and an additional twelve feet for a bike
trail, for a total of sixty-two feet. The applicant will have to maintain
an average of fifteen, with no setback going below ten feet.
Parking Requirements. The total parking impact for the project, including
the theatre, is 1,749 cars. The applicant will be supplying 1,347 spaces,
a hypothetical shortage of 402 spaces. The applicant is proposing that due
to the staggered hours of operation between the theatre and office, the
parking spaces could be traded off.
Staff has evaluated this proposal and submits the following comments.
Without the daytime use of the theatre, the parking impact to the project
is 1,247 spaces, and sufficient parking is supplied. Weekend matinees will
not create an impact. If weekday matinees were restricted, no parking
impact will be realized.
Staff is reluctant to totally restrict matinees during the weekdays due to
the fact that many multi-screen theatres have special weekday.matinees for
seniors and matinees during the summer for school children. Staff could
Use Permit 81-29
Page 4
consider a weekday matinee useage due to the fact that: 1) less people
attend matinees, 2) the proposed theatre is community oriented and creates
more foot traffic for matinees, 3) a drop-off is provided, and 4) no mati-
nee will begin before 1:30 p.m.
Staff recommends that weekday matinees be allowed on a trial basis and
periodically evaluated. That weekday matinees could be revoked at any time
that a parking impact is realized, and could ofily be allowed by petition
from the theatre manager.
The final site plan, elevations, including colors and materials, and the
final landscape plan will have to be submitted to the agency for review and
approval.
7. Parking will most likely be prohibited along both sides of Sixth Street and
the southerly side of Main Street.
e
A detailed pavement striping plan should be provided along Main Street to
justify driveway locations with respect to existing driveways and street
openings on the northerly side of Main Street.
9. No raised median type islands will be allowed within the public right-of-
w~.
10. Site I will require a filing of either a parcel or tract map to consolidate
the individual parcels of land.
CONCLUSIONS:
1. The project is substantially in conformance with the requirQments of the
Planned Community District.
2. The project is in conformance with the stated goals of the Tustin Area
General Plan.
3. The project represents a positive contribution to the ongoing revitaliza-
tion of the downtown area.
4. Any mitigating measures as outlined in the Focus EIR will be incorporated
into the final site design.
The submitted Development Plan is substantially in conformance with City of
Tustin development policies, but will require minor modifications in the
site design.
6. Public improvements will be required along the Sixth Street, Newport
Avenue, and Main Street frontage.
e
At this time, staff has received four verbal responses to the proposed
project. Three have been in favor of the project. One was in favor of the
theatre, but was concerned regarding the height of the project.
Use Permit 81-29
Page 5
SPECIFIC CONDITIONS:
A summary of the specific conditions related to the Town Center Project
include:
Per the Development Plan, restaurant uses encompass six percent, retail
commercial five percent, financial four percent, and a motion picture thea-
tre four percent. Any deviations from these percentages shall require an
amendment to the Use Permit 81-29.
e
Per the Development Plan, Building A, a four story structure, shall not
exceed 75 feet from street grade, including mechanical equipment. Build-
ings B and C, six story structures, shall be under one hundred feet from
street grade, including the mechanical equipment.
e
Weekday matinees in the multi-screen theatre shall be periodically evalu-
ated for parking impact. Upon the finding of a parking impact due to the
theatre's useage, weekday matinegs shall be terminated and allowed only
under petition from the theatre manager or'owner.
4. No weekday matinees shall begin before 1:30 p.m.
5. The high rise fire safety specifications shall be incorporated into any
building in excess of fifty-five feei.
EMK/llh
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6 The Planning
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RESOLUTION NO. 2004
A RESOLUTION OF THE PLANNING AGENCY OF THE
CITY OF TUSTIN AUTHORIZING THE DEVELOPMENT
OF A MULTIPHASE COMMERCIAL, RETAIL AND OFFICE
COMPLEX LOCATED ON NEWPORT AVENUE BETWEEN
MAIN STREET AND EL CAMINO REAL
Agency of the City of Tustin does hereby resolve as follows:
Planning Agency finds and determines as follows:
That a proper application (Use Permit No. 81-29) has been filed
on behalf of Cal Pacific Properties to develop a multi-phase
project consisting of commercial, retail, financial, and pro-
fessional office space complete with restaurant facilities and
a movie theater located on the property on the westerly side of
Newport Avenue between Main Street southerly to E1Camino Real.
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 following findings:
1. The development as proposed is in conformance with the Tus-
tin Area Plan.
2. The development as proposed is in conformance with the
standards of the Planned Community/Commercial district.
That the establishment, maintenance and operation of the use
applied for will not be injurious or detrimental to the proper-
ty and improvements in the neightborhood of the subject proper-
ty, nor to the general welfare of the City of Tustin, and
should be granted.
Proposed development shall be in accordance with the develop-
ment policies adopted by the City Council, Uniform Building
Codes as administered by the Building Official, the Uniform
Fire Code as administered by the Orange County Fire Marshal,
and street improvement requirements as administered by the City
Engineer.
That a Focus Environmental Impact Report was prepared and was
certified by the City Council on October 21, 1981.
Final development plans shall require the review and approval
of the Community Development Department.
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II.
The Planning Agency hereby approves Conditional Use Permit No.
81-29 to authorize the development of a multi-phase project con-
sisting of commercial, retail, financial and professional office
space, complete with restaurant facilities and a movie theater,
subject to the following conditions:
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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
development per the City of Tustin "Minimum Design Standards of
Public Works" and "Street Improvement Standards." This work
shall consist of, but is not limited to: curbs and gutters,
sidewalks, drive aprons, and street pavement.
B. Site I shall require the filing of either a parcel or tract map
to consolidate the individual parcels of land.
C. A final grading plan shall be required for review and approval.
D. A final landscape plan shall be required for review and approv-
al.
£. Street dedications or an irrevocable offer of dedication shall
be required along the following streets as indicated:
1. Ten feet on Main Street (bringing the street to a 50 foot
centerline).
2. Nineteen feet on Newport Avenue (bringing the street to a
62 foot centerline).
The structural setback shall be fifteen feet from ultimate
right-of-way on Main Street. The structural setback along New-
port Avenue shall be an average of fifteen feet, with a minimum
setback of ten feet.
G. A detailed pavement striping plan should be provided along Main
Street for driveway locations and along E1 Camino Real.
Public improvements along E1Camino Real shall be coordinated
with the Redevelopment Agency project for the reconstruction of
E1Camino Real.
At the time building permits are issued, County Sanitation Dis-
trict connection fees and East Orange County Water District
fees shall be required.
J. All mitigating measures as outlined in Focus EIR 81-2 shall be
incorporated into the Development Plan.
K. The trash enclosure locations are to be reviewed and approved
by the City's franchise refuse service.
That any structure exceeding fifty-five feet shall be con-
structed in conformance with the high rise fire safety stan-
dards as required by the Orange County Fire Marshal.
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M. A master sign plan, reviewed and approved by the Planning Agen-
cy, will be required prior to any sign permit issuance.
Prior to grading permit issuance, the final site plan, eleva-
tions, colors and materials shall be submitted to the Agency
for review and approval.
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Per the approved Development Plan, land uses include: six per-
cent restaurant, five percent retail commercial, four percent
financial and four percent motion picture theater. Any devia-
tions from these percentages shall require an amendment to Use
Permit 81-29.
P. Per the approved Development Plan:
1. Building A, four stories, shall not exceed seventy-five
feet from street grade, including mechanical enclosure.
2. Buildings B and C, six stories, shall be under one hundred
feet from street grade, including mechanical enclosure.
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Weekday'matinees shall be permitted, but shall be periodically
evaluated for parking impact. Upon the finding that a parking
impact is caused from matinee useage, weekday matinees shall be
terminated and allowed only under petition from the theater
manager or owner and approved by the Community Development
Director.
R. No weekday matinee shall begin before 1:30 p.m.
S. All roof ~uipment and vents must be screened from view.
PASSED AND ~OPTED at a regular meeting of the Tustin Planning Agency, held
on the day of , 1981.
ATTEST:
James B. Sharp
Chairman
Mary Ann Chamberlain
Recording Secretary