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HomeMy WebLinkAbout02 CUP 04-025 Report to the Planning Commission DATE: SUBJECT: PROPERTY OWNER: APPLICANT: LOCATION: OCTOBER 24, 2005 CONDITIONAL USE PERMIT CUP 04-025 PHILIP FREY 48 BRAEBURN LANE NEWPORT BEACH, CA 92660 WESTLAND INDUSTRIES ATTN: ALLEN ALEVY 6665 LONG BEACH BOULEVARD LONG BEACH, CA 90805 14051 -14061 NEWPORT AVENUE GENERAL PLAN: COMMUNITY COMMERCIAL ZONING: PLANNED COMMUNITY COMMERCIAL (PC-C) ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO SECTION 15301 (CLASS 1) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT REQUEST: A REQUEST TO MODIFY CONDITION 1.4 OF CONDITIONAL USE PERMIT 89-47 AND DESIGN REVIEW 89-68 TO ALLOW PROFESSIONAL, GENERAL, AND MEDICAL OFFICE USES, TRADE SCHOOLS, AND MARTIAL ARTS INSTRUCTION RECOMMENDATION That the Planning Commission adopt Resolution No. 4002 approving Conditional Use Permit 04-025 with the conditions of approval recommended by staff to authorize the modification of Condition 1.4 of Conditional Use Permit 89-47 and Design Review 89-68 to allow professional, general, and medical office uses, trade schools, and martial arts instruction in the commercial center located at 14051-14061 Newport Avenue. Planning Commission Report CUP 04-025 October 24, 2005 Page 2 BACKGROUND Location The subject commercial center currently known as the Tustin Freeway Center is located southwesterly of the Interstate 5 Freeway and Newport Avenue intersection at 14051- 14061 Newport Avenue. (Attachment A - Location Map). The Interstate 5 Freeway is north of the site. An office building and Mitchell Avenue are south of the site. A mobile home park, single and multi-family dwellings exist southwesterly of the site. Retail commercial uses exist across Newport Avenue to the east. Site History The property is designated as Planned Community Commercial on the zoning map and listed as Community Commercial by the Land Use Element of the General Plan. On January 8, 1990, the Planning Commission approved Design Review (DR 89-68) and Conditional Use Permit (CUP 89-47) for the construction of the subject 45,376 square foot retail center. The conditions of approval for CUP 89-47 and DR 89-68 contain the use and development regulations for this planned community district. Phase one of the center was constructed in the early 1990s and includes Building A (10,551 square feet), Building B (21,370 square feet), and Building C (3,516 square feet). Phase two of the center is currently under construction at the south end of the site (14071 -14081 Newport Avenue) for a 10,000 square foot retail sales building (Attachment B - Site Plan). Buildings A and B are owned by the project proponent who has secured permission from the owners of Building C and the Phase 2 retail building to modify the planned community use regulations. Condition 1.4 of CUP 89-47 and DR 89-68 allows all uses authorized in the C1 and C2 zoning districts but prohibits "medical, dental and/or chiropractic offices, auto repair or retail auto parts sales or installation, schools or training facilities, laundromats, convenience or liquor stores, arcades or other gaming establishments, adult bookstores and massage establishments. PROJ ECT DESCRI PTION The applicant requests that Condition 1.4 be modified to allow professional, general, and medical office uses, trade schools, and martial arts instruction in the commercial center. The applicant has indicated that the request is propelled by the lack of success the center has had in attracting retail tenants. A review of business license records indicates that the center may have had difficulty retaining an anchor tenant; a visual inspection of the site reveals several vacancies. Planning Commission Report CUP 04-025 October 24, 2005 Page 3 Staff proposes Condition 1.3 for CUP 04-025 which would allow the proposed modifications but would continue to prohibit auto repair or retail auto parts sales or installation, laundromats, convenience or liquor stores, arcades/gaming establishments, adult entertainment uses, and massage establishments in this planned community district. However, Condition 1.3 is applicable exclusively to Building A and the tenants of Building B that do not face Newport Avenue. Conversely, Condition 1.3 states that the restrictions of Condition 1.4 of CUP 89-47 and DR 89-68 would remain in effect for the new Phase Two retail building, the existing Building C, and for Building B tenants currently facing Newport Avenue. Condition 1.3 encourages retail oriented street facing tenants in the entire center. Parking and Circulation The Public Works Department conducted a comparison to determine if significant peak hour trips would result from adding the proposed uses and, based on their March 1, 2005 memo (Attachment C), there is sufficient roadway capacity to accommodate the additionally proposed uses. Granting the additional requested uses would not authorize any reduction to parking requirements for the center. Each proposed use would continue to be reviewed with respect to required and available parking. Recommendation Staff recommends that that the Planning Commission adopt Resolution No. 4002 (Attachment D) approving the modification to Condition 1.4 of CUP 89-47 and DR 89-68 to allow professional, general, and medical office uses, trade schools, and martial arts instruction in the commercial center. Recommended Findings Staff recommends that the Planning Commission use the findings provided to determine that the proposed use will not be detrimental to the health, safety, morals, comfort, and general welfare of the persons residing in or working in the neighborhood and will not be injurious or detrimental to property or improvements in the vicinity or to the welfare of the City. 1. The proposed uses comply with the General Plan Land Use Element in that office and service uses such as instructional uses are included under the Community Commercial Land Use Designation. 2. The uses would otherwise be permitted or conditionally permitted in the C1 or C2 Zoning Districts subject to Community Development Staff verification of available on-site parking to support the use. 3. Allowance of the additional uses may encourage additional economic activity for Planning Commission Report CUP 04-025 October 24, 2005 Page 4 the center and adjacent commercial properties in that a lesser vacancy rate for the center could result from the additional uses and employees and customers from those uses may utilize goods and services offered within the center. 4. The additional uses will not conflict with adjacent uses in that office uses are generally non-disruptive in nature; all uses would occur indoors; on-site parking would be required to support all proposed uses prior to business license issuance; and, hours of operation for the additional uses would be consistent with the general business hours of other businesses within the surrounding vicinity. 5. There is sufficient roadway capacity to accommodate any changes in trip generation caused by the additionally permitted uses in that a comparison of existing and proposed uses was completed and determined that adjacent streets have sufficient capacity to accommodate the change. ~~ rtlieb Associate Planner 'Q- to -ðdr- Dana Ogdon Assistant Director Attachments: A. B. C. D. Location Map Submitted Plans March 1,2005, Traffic Comparison Memo Resolution No. 4002 S:\Cdd\PCREPOR1\2004\CUP 04-025.doc ATTACHMENT A LOCATION MAP CUP 04-025 . , " ,,":-:> // /' ,( // -,-- A TT A CHMENT B SUBMITTED PLANS ------ ,--,.._-- , ¡'\Santa Ana Fwy- 5 ;,' , ~",--":~::...-..:::..:=--=:::-...::.;;.::::::).c...:.::"'::_'ÖÕ":¡;";;TM- t- - SUMMARY IN PHASES: .PHASE 1: !ì7'- IJUI'O À-<JEIt£AALSHoWAOOU GROUNO RA.: ..... 8.1', / I MEiJaTQR, '.". SJ'. IJU)'O .GEHERAL SHOWAOOU GROUNO FIA: ,..... 8.1'. MEZ./STOft. : ..... 8.1'. IJU)'O C - CAAL'S JR. 3S'.8.1', \ \ PAIIKING REO.: CIENEIW. 8HO~' PEA 25" ..1'. u;ZUV_: '00 "'ACEa ,MEZ./STOR : t PfR - a.I', "'23 S.F. . SPACES AUT., 'PEA' SEA... ,. 11&0.... : 32 SPACES TOTAL PAAKIIO REO...: TOTAL ~ : ""', "'ACE8 '51 SP,ACS8 """'" FURNISNINGS/oeSlON' AcceSSOAIES .M SERVICe COMMeRCIAL ReTAil s",,-THUAS .'O" AM - ."'o PM FAI-SAT """,, AM - \0,00 PM RESTAURANT 8t.D<I: .,.. 9.F. (CARL'S JRJ RETAI. SHOPS: '0.2"S.F. TOTAL BLOo. ~AeA; "'O" SJ'. VEHICUlAR CIACI/lATION'PARKIHO: 50.0'19.1', 4... PEDESTRIAN C..CUlATIOII: 0.4709.F. "," lAHOSCA....... """.9.F. .." TOT AI. SITE ARC"; ,.,.UoS"'- '00" COVERAC!& ." COVEAAGE . PHASE 2 -¡;¡¡;:g-~~RETAIt. '°",,8.1'. P- REa.: 'PER.sa tU'.:4'9PACU PARKING PROVÐED 45 ...ACE8 "__T' ....,.....~. ~.._.... HOURS OF OPERATION ~ SUH-TliUAS .:00 AM - "'OO PM FRI-SAT 5,°" AM - 12'°" PM LAND SUMMARY: 'AREA CALCULATIONS: oENERAL SHOWROOM 27.'" S.I'. 20" COVERAGE ." COVEAAGE 30" ... '_ACT"" ....-. ..._..,.._~..r"M PROJECT SUMMARY ~--" THE PROJeCT 'S SITUATeo ON APPAOX, So.. ACRES .... COMPRISES . CONCEPTS FOR PORTIONS OF THE SITE. A SPECIALTY CENTER FEATUAINQ HOME F\JRHI-S , DESIGN' ACCESSOAles AT TME SOUTH EAST CORNER OF THE SITE A COMI<ITMENT DF,CAAL'S ..... RESTAUAAHl WITH THe SOUTHEAlT 80UNORY OF THI! SITE TO COHSIST OF SUPPORT "ERYICe COMMERCIAL RETAI. WHICH WOUUl COMPLIMeNT THE ENT"'E SIn! œ! ,..en- _-m-.-o,.W-"'" TUSTIN FREEWAY CENTER 14041 NEWPORT AVE, TUSTIN, CA. ----- . !"fIt CMSDEVlilOPMENT COMPANY ~~~.e" 3199 A-3 Airport loop Qr..Cosla Meso. CA 92626 ' ., ~ ~ CavelopmenlCo. 714-650-1815 ~ , --- hJ1...1I .... ~ --------- . --------- . -----, A TT A CHMENT C MARCH 1, 2005 TRAFFIC COMPARISON MEMO Inter-Com DATE: MARCH 1, 2005 TO: FROM: CHAD ORTLIEB, ASSOCIATE PLANNER DOUG ANDERSON, SENIOR PROJECT MANAGER -TRANSPORTATION ø SUBJECT: REQUEST TO MODIFY CONDITION/RESOLUTION OF CONDITIONAL USE PERMIT 89-47 FOR TUSTIN FREEWAY CENTER ~4051-14061 NEWPORT AVENUE) PLAN CHECK #04-134E, CUP 04-025; 2N REVIEW Pursuant to your request Engineering Division has completed the 2nd review of the proposal to modify condition/resolution for CUP 89-47. The modification is requested to allow uses such as medical clinics, dental clinics, chiropractic clinics, martial arts studios, computer schools, technical training schools, and/or similar uses. It is our understanding that the current proposal does not include convenience/liquor stores, arcades, gaming establishments, adult bookstores, massage establishments, etc. at 14051-14061 Newport Avenue. Based on the submittal, we have the following comments: 1. The most representative trip rates (attached Table 1) for the potential project uses and some previously identified businesses, are those provided in Trip Generation published by the Institute of Transportation Engineer (ITE). The proposed change in the existing CUP condition/resolution could result in a number of new uses occupying the existing buildings at 14051-14061 Newport Avenue. The difference in trip generation between the currently requested uses and the existing retail designation was updated. 2. The trip ends generated by the potential uses were calculated by applying the ITE trip rates to the anticipated land uses. It was determined that the currently requested uses would not be expected to have a significant traffic impact on the daily traffic and/or the AM/PM peak hours. This conclusion is based on the net change in trip generation when comparing the existing CUP designation to the requested uses (in Table 1). Based upon the projected traffic and the adjacent street system, it has been determined there is sufficient roadway capacity to accommodate the types of uses identified (Table 1). 3. It is our understanding that the previously requested uses that were expected to result in significant trip generation increases (i.e., convenience/liquor stores, arcades, gaming establishments, adult bookstores, massage establishments, etc.) or are relatively unique uses and there is limited standard trip generation information, are no longer a part of the proposed project. For these uses, a site Specific Traffic Analysis would be required if in the future they are added to the project description. If future analysis is required it shall identify any potential traffic impacts that would result from these uses. Any significant impacts at the accesses and/or the surrounding roadway system shall be identified and mitigation measures provided. The Traffic Analysis would also need to determine if roadway widening of Newport Avenue to its General Plan arterial roadway designation is S:\Doug & Traffic\Development Review\2005\14051-14061 Newport, CUP Mod,doc warranted at this time. The Traffic Analysis shall be prepared by a California Registered Traffic Engineer and/or California Registered Civil Engineer experienced in this type of analysis. Thank you for the opportunity to review and comment on this proposed project. If you have any questions, please contact Terry Lutz or me. Attachment c: Terry Lutz Katy Lee S:\Doug & Traffic\Development Review\2005\14051-14061 Newport, CUP Mod.doc Table 1 TRIP GENERATION ANALYSIS 14051-14061 Newport Avenue AM Peak Hour PM Peak I Hour LAND USE UNITS Daily In Out In Out Trip Generation Rates: - Specialty Retail PerTSF 40.67 0.63 0.40 1.11 1.48 - Medical/Dental Office PerTSF 36.13 1.94 0.49 0.99 2.67 - Community College (School) PerTSF 18.36 1.42 0.36 0.95 0.71 -Clinic PerTSF na na na 2.07 3.11 - Health Club PerTSF na 0.14 0.16 2.62 1.68 - Recreation/Community Center PerTSF 22.88 0.87 0.45 0.60 1.16 Trip Ends Generated: - Projection for Worst Case Mix of 11.318TSF 410 22 6 23 35 Uses (Except those with * ) - Existing Retail Designation 11.318TSF 460 7 5 13 17 Net Trip Ends Added -50 15 1 10 18 , Note: - Trip generation rates were referenced from Trip Generation, Sixth Edition published by the Institute of Transportation Engineers (lTE). na = Trip generation rates were not available S:\Doug & Traffic\Development Review\2005\14051-14061 Newport, CUP Mod,doc A TT A CHMENT D RESOLUTION NO. 4002 I. RESOLUTION NO. 4002 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 04- 025 AUTHORIZING A MODIFICATION TO CONDITION 1.4 OF CONDITIONAL USE PERMIT 89-47 AND DESIGN REVIEW 89-68 TO ALLOW PROFESSIONAL, GENERAL, AND MEDICAL OFFICE USES, TRADE SCHOOLS, AND MARTIAL ARTS INSTRUCTION IN THE COMMERCIAL CENTER LOCATED AT 14051-14061 NEWPORT AVENUE. The Planning Commission finds and determines as follows: A. That a proper application, Conditional Use Permit 04-025, was filed by Westland Industries requesting authorization to modify Condition 1.4 of Conditional Use Permit 89-47 and Design Review 89-68 to allow professional, general, and medical office uses, trade schools, and martial arts instruction in the commercial center located at 14051 - 14061 Newport Avenue. B. That a public hearing was duly called, noticed, and held for Conditional Use Permit 04-025 on October 24, 2005, by the Planning Commission. C. That the allowance of the additional uses will not be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood, 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 uses comply with the General Plan Land Use Element in that office and service uses such as instructional uses are included under the Community Commercial Land Use Designation. 2. The uses would otherwise be permitted or conditionally permitted in the C1 or C2 Zoning Districts subject to Community Development Staff verification of available on-site parking to support the use. 3. Allowance of the additional uses may encourage additional economic activity for the center and adjacent commercial properties in that a lesser vacancy rate for the center could result from the additional uses and employees and customers from those uses may utilize goods and services offered within the center. 4. The additional uses will not conflict with adjacent uses in that office uses are generally non-disruptive in nature; all uses would occur indoors; on-site parking would be required to support all proposed uses prior to business license issuance; and, hours of operation for Resolution No. 4002 Page 2 the additional uses would be consistent with the general business hours of other businesses within the surrounding vicinity. 5. There is sufficient roadway capacity to accommodate any changes in trip generation caused by the additionally permitted uses in that a comparison of existing and proposed uses was completed and determined that adjacent streets have sufficient capacity to accommodate the change. 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). D. II. The Planning Commission hereby approves Conditional Use Permit 04-025 authorizing the modification of Condition 1.4 of Conditional Use Permit 89-47 and Design Review 89-68 to allow professional, general, and medical office uses, trade schools, and martial arts instruction in the commercial center located at 14051 - 14061 Newport Avenue, 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 24th day of October, 2005. JOHN NIELSEN Chairperson ELIZABETH A. BINSACK Planning Commission Secretary Resolution No. 4002 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. 4002 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 24th day of October, 2005. ELIZABETH A. BINSACK Planning Commission Secretary (1 ) 1.1 (1 ) 1.2 (*) 1.3 EXHIBIT A RESOLUTION NO. 4002 CONDITIONAL USE PERMIT 04-025 CONDITIONS OF APPROVAL Approval of Conditional Use Permit 04-025 is contingent upon the applicant and all propertv owners signing and returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and all property owners 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 04-025, 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. All conditions of approval from Conditional Use Permit 89-47 and Design Review 89-68, including Condition 1.4, remain effective for the Planned Community Commercial Zoning District which includes all odd addresses between 14051 and 14081 Newport Avenue with the exception that Condition 1.4 is modified for Building A and tenants in Building B that do not front onto Newport Avenue as follows: a. The type of uses allowed in the project shall substantially conform to those uses authorized in the C-1 and C-2 Zoning District except for those uses specifically prohibited in this Resolution. All uses which require a Conditional Use Permit as listed in the C-2 Zoning District will also require a Conditional Use Permit for this site except for ground floor general or professional offices. Dance studios, Martial arts studios, and business/trade schools shall also be permitted uses. b. Prohibited Uses: auto repair or retail auto parts sales or installation, laundromats, convenience or liquor stores, arcades or other gaming establishments, adult bookstores, and massage establishments. SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODEIS (4) DESIGN REVIEW *** EXCEPTIONS (5) (6) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY Exhibit A Resolution No. 4002 Page 2 (*) 1.4 Prior to issuance of a business license or a building permit(s), each use for the center must be verified by the Community Development Department to have on-site parking as required by the CUP 89-47 and the Tustin City Code. (1 ) 1.5 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 the 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.