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Home My WebLink AboutCUP 05-034 ZAA 05-023 Inter-Com NOVEMBER 21, 2005 ZONING ADMINISTRATOR DATE: TO: FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CONDITIONAL USE PERMIT 05-034 APPLICANT: PROPERTY OWNER: LOCATION: ZONING: PAULAJ. LONG THREE'S COMPANY 3002 DOW AVENUE #138 TUSTIN, CA 92780 GERALD AND ELIZABETH TABACK CSR INC. 14450 CHAMBERS ROAD TUSTIN, CA 92780 14450 CHAMBERS ROAD PLANNED COMMUNITY INDUSTRIAL (PC-IND) . ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1) PURSUANT TO SECTION 15301 OF THE CALIFORNIA ENVIRONMENT ALQUALITY ACT REQUEST: AUTHORIZATION FOR THE ESTABLISHMENT OF A FURNITURE WAREHOUSE SALES WITHIN AN EXISTING BUILDING AT 14450 CHAMBERS ROAD RECOMMENDATION That the Zoning Administrator adopt Zoning Administrator Action 05-023 approving Conditional Use Permit 05-034 to establish a furniture warehouse sales within an existing warehouse building. BACKGROUND The applicant currently operates a furniture warehouse sales estabiishment selling moael nome furnishings to Interior designers, ouiiders, ana tne pUbiic al 3002 Dow Avenue #138 in Tustin (authorized through the approval of Conditional Use Permit 03- Zoning Administrator Meeting November 21 , 2005 CUP 05-034 Page 2 of 4 ,~, 011). The applicant wishes to relocate her business to the proposed location for additional warehouse space. The project site is located along the curvature of Chambers Road within the Irvine Industrial Complex Planned Community District (Attachment A - Location Map). Pursuant to Section VI.C.3 of the Irvine Industrial Complex District's regulations, a furniture warehouse sales establishment is subject to an approval of a Conditional Use Permit. Tustin City Code Section 9299b(3)(e) authorizes the Zoning Administrator to consider Conditional Use Permits for existing developments where there would be no change of occupancy of primary use, no expansion of floor area, and the request would not alter the original intent of the project or site. PROJECT DESCRIPTION The site is currently improved with a 17,779 square foot warehouse building built in 1977 and surrounded by other light industrial uses. The building currently encompasses two tenant spaces addressed as 14450 Chambers Road and 14452 Chambers Road. The proposed use would occupy 11,233 square feet within tenant space at 14450 Chambers Road with the remaining 6,546 square feet of floor area at 14452 Chambers Road to continue its current use by the existing tenant as a warehouse and ancillary offices. (Attachment B - Submitted plans). Of the 11,233 square feet of tenant space, 9,233 square feet would be used for warehousing and 2,000 square feet would be used for sales area/showroom. The sales area/showroom would consist of furnishings displayed in vignettes on the floor. No tenant improvements are proposed at this time. The applicant has proposed the hours of operation to be 10:00 a.m. to 6:00 p.m., Tuesdays through Fridays, 10:00 a.m. to 4:00 p.m. Saturdays and closed on Sundays and Mondays. The proposed business hours are consistent with the hours of operations of other businesses within the center. Parking The site was originally improved for a single tenant with twenty-one (21) parking spaces. Since then, the building has been divided into two (2) tenant spaces and the parking lot has been re-striped with thirty-one (31) parking spaces. Seven (7) of the thirty-one (31) existing parking spaces do not meet the City's parking lot standards. Based upon the City's parking ratio of one (1) space for every 1,000 square feet of warehouse areas and one (1) space for every 200 square feet of sales/showroom area, a total of twenty-six (26) parking spaces would need to be provided on-site (Attachment C - Parking Summary). Thus, a condition has been included to require the applicant to re-stripe the parking lot as per the City's parking standards to accommodate the required twenty-six (26) parking spaces priœ to the commencement of the proposed use Zoning Administrator Meeting November 21, 2005 CUP 05-034 Page 3 of 4 In addition, on March 26, 1990, the Planning Commission approved Conditional Use Permit 89-45 and Variance 90-2 through Resolution No. 2759(A) authorizing the establishment of a church at 14451 Franklin (adjoining lot) and allowing a reduction of the required number of parking spaces for the church provided that additional parking spaces were provided at 14450 Chambers Road (project site) all day Sundays and after 6:30 p.m. on Tuesdays and Wednesdays. Accordingly, a condition is included to limit the hours of operation of the proposed use from 10:00 a.m. to 6:00 p.m. Tuesdays through Fridays, 10:00 a.m. to 4:00 p.m. Saturdays, and closed on Sundays and Mondays. Sidewalk improvements On September 29, 1993, the property owner entered into an agreement with the City of Tustin to construct sidewalks adjacent to the site to the City's specifications upon demand by the City of Tustin. The City's Public Works/Engineering Department requested that sidewalks be constructed in conjunction with the proposed use, and the current property owner submitted a letter dated October 31, 2005, agreeing to design and construct sidewalks along Chambers Road (Attachment D - Letter from current owner). FINDINGS A decision to approve this request is supported by the following findings: 1. That the establishment, maintenance, and operation of a furniture warehouse sales 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: a. As conditioned, the use would be limited to furniture warehousing and sales and the type of merchandise that may be stored and sold would be limited to furniture and furniture accessories. b. The operational characteristics of the furniture sales warehouse would be appropriate for the location. As conditioned, the use would occur entirely within the existing building area and would not be permitted to have outdoor storage, display, or activities (except loading and unloading) without prior approval from the Community Development Director. All loading and unloading would occur at the loading door in an area that does not impact drive aisles or parking spaces. ~. " . As conditioned, the days and hours of operation would be consistent with Zoning Administrator Meeting November 21 , 2005 CUP 05-034 Page 4 of 4 the operational characteristics of other businesses located within the immediate vicinity. The limitation on the hours of operation is necessary to prevent conflict with a previously approved Conditional Use Permit for a church located at 14451 Franklin Avenue to permit church patrons to use the project site's parking area during certain hours. d. As conditioned, the proposed use would not result in parking impacts since the site would provide the required number of parking spaces based upon the established parking ratio included in the district's regulations. e. As conditioned, adequate sidewalks will be constructed adjacent to the project site to meet current Federal Americans with Disabilities Act (ADA) requirements as agreed upon on September 29, 1993, through an Agreement to Construct Sidewalks. Attachments: A. Location Map B. Submitted Plans C. Parking Summary D. Letter from Mr. Gerald M. Taback (current property owner) dated October 31,2005 E. Zoning Administrator Action No. 05-023 S:\Cdd\ZAREPORT\2005\Cup 05-034 (furniture warehouse).doc ( ATTACHMENT A Location Map LOCA TIONMAP rn PROJECT NO. ADDRESS CUP 05-034 14450 Chambers Road Tustin 14'" t , "~ ..., / 1/ i& ',",," "",1 ',,'," ,°, " ""',',',," " " fi",',..:l " " '~' /' ['I -'~~:~:':~'-'-¡,:/ ,.." ~ " , ". i" -. ; -,)),~"~ " '.~.,'" ¡i.. // '::-:_--j¡' '~//l:, ATTACHMENT 8 Submitted Plans 'I \ \ \ \ \ \ \ i' \ \, \. \ \ -¡-- I ¡~ I I ! 1 ¡ 1:1- Ñ I 11'1 .I~ N t¡:;¡- -,- !t ~ ! '1 ! ¡ ¡ "I . \ ,~ jJ-_/' " \ --I " \_- - - '\ --------.' \,,--"","--" ,--' \ j ,I". , ~" -" \"" II:';, ,- " - .k"-' ... ...... ~ I I -¡ I u I .! V ':t ~ ~ :::: u ~ ""I ~ " :[ t. \,: II~ I , ~ .. ~'~ , ~ ':: - ~~ ..~"""i....L r"""'; ~ .-t° -.,. vt ':~l - '" t-,., "- '"ii \" \ \ "- ' "i ,......r ..... -.' ~" <. '-'.. ~'-~ I" , , 14450 -14452 Chambers Road,-Tustin, CA .!--"~- - -- -=--=====-.¡ --~-..-: Ii .rg~~~ ~ r? ' II /\ J \D Y-. ~ 0 Ë;< i ~-h()q wo.reh ~ ¡,'~" G/ ~ ~I ' /4452- ~dAn/~eh u --- ~ -. ¡I? C) C , ¡~ ~~J~ 1()~ r---. ~ Vi : 9 VI ~=~- .J ,,/ ,/ 1 /"///" / ./ // ,,' "":>';'/ ,,// ~{~,v ',sP .. / Ii ;'! If . 1ro poqed If I I .;fLl( nd\.t re:. II Wafl\!rç~ £C\ leD I ..1 ~v' II :! 'J í: ¡: !' Ii Ii i: ii ~ Sff .sr' ,-I I JI 'f' I i I ! '.. I. '.' t ~ ~ ::;ONFEHSIICE : ~¡{,A bé...J ).8001:' I (---) - ::\~ . " ,g :'9 ~ J ~ <, CEOE"'O, l.e.Ui:rô1 .,! OR-~ - L- j~{i í ,- c., , ¡ r -. ( to / :Sf?f .s: ç: tuft?£. ,4 a::.L Ï3 'j ìK- (:r;vc..L :J... tOOt) î'F ~ Ç¡-¡c€.~ r----;' 1ropowl lJJ>e -...----- /1. r .D' :-. þ"'" ,L) ;-..., 1/ l d;;:o ~.,¡jAfYJ~"":'-'-'" ,....,...., - ATTACHMENTC Parking Summary I ¡ ¡ I I. i ! Ii I: - ..... t'; _. >- ....' .- '.,...: >. ... It! - - = (I) Oì - I ~~ I - II ] '114. Q) ~ ~ ICì~' ?: ',,", ;\~ œ \ ~" "., I ~' I .<r I ~" -..:. "t:I Q) ... ::¡ 0" Q) c::: Q} c ~ ... ro a.. 0 ..... \ ro c::: '. Q} I:: ~ .... It! a.. ro Q.1 c( -- Q.1 0 en . 0 =1 1" '., ,I 70 £1 II: ; 0 ' ... (!.ì ."" IJ¡ ~ ~i~ II: I "- :J \Ii! \Ii CQ. :..J.~I ~ I~'\'~i -. ¡ ~ '-J i ~~I i ¡ I i Q) I .! ! " ='N' E "\.-.1 I :-, I Lt.' I V¡ I ':'1 I .~ ¡~I~I ¡¡- I "" (:1' r"_- 1r~1 ~ 1--)"'" i . , "' . ,". " \.' .. .... , c I' "" 1.....-1$ "'-:,"-::::, .:: -- --.---.-----.-,..---.... I ¡ i~I,~,. , ~"i I~('\E I' i I ~¡ i "'I ¡~J ::,'¡ I Ó~?'è.1 d ~ì 4~,vi \§~I{I ...;;;, ',f1, I \ í I ! I I ! "" ,\" ,- , h . i'J'I I' . 1'-0 I \- I i , <" I i> !IJ , - 1 I 1--::",,'1 I~;i~, ;:! ~I I "\' "'[ I 1~I.:iI¡1 '~I~'! I I, .' , ! '!j;¿""-'i: ' ¡~!-5~ I, i~¡~¡ i ::o..'~ '\ ,JI Nil~ I I I I ' I I I I I I ¡ I I-,' I ' 11I1 \ I I I I I ! g> ~, I ~"OÇþ ro CI) Cl..= - :::¡ .sO" 0 0> I-C::: 0) ~"O ~ ro 0> c.."O «i> '6!: I i-: c.. 1.1.. en I::D i"C lID I~ 1- ~ r- "- i, r.....:.. , -... í ; I ! , ¡ I '" I ì ,.-...""... .._-.,..,.....,.~-, ," ,., , 0::, , , " ..".,..""",..",.,..., ',"'-""".""'---'---""'--'-""-"'-- "-'.""" ATTACHMENT D Letter from Mr. Gerald M. Taback dated October 31, 2005 PHONE NO. ; (145735820 Oct. 31 2005 04:30PM P2 Taback Family Trust 8 Heatherwood Irvine, CA 92620 714-573-5810 October 3 j , 2005 Ms. Justina WiUkom CITY OF TUSTIN Community Development Department 300 Centennial Way Tustin, California 92780 RE: CONDIDON FOR COMPLETENESS OF CONDmONAL USE PERMIT (CUP) 05-034 Dear Ms. WilJkom: Per your letter dated October 25, 2005, we will comply with your condition to design and cons.truct a sidewalk and replace damaged public improvements a]ong the project frontage. ~~ Gerald M. Taback Trustee ~ ~WIIDooaI-¡~,; I~-" ATTACHMENT E Zoning Administrator Action No. 05-023 ZONING ADMINISTRATOR ACTION 05-023 CONDITIONAL USE PERMIT 05-034 14450 CHAMBERS ROAD The Zoning Administrator of the City of Tustin does hereby resolve as follows: I. The Zoning Administrator finds and determines as follows: A. That a proper application for Conditional Use Permit 05-034 was filed by Paula Long on behalf of Three's Company requesting authorization to establish a furniture warehouse sales within an existing warehouse building at 14450 Chambers Road, Tustin. B. That the proposed use is allowed within the Irvine Industrial Complex, with the approval of a Conditional Use Permit, and within the Planned Community Commercial/Business General Plan land use designation which provides for a variety of industrial and commercial uses. In addition, the project has been reviewed for consistency with the Air Quality Sub-element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub-element. C. That a public hearing was duly called, noticed, and held on said application on November 21,2005, by the Zoning Administrator. D. That the establishment, maintenance, and operation of a furniture sales warehouse 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: a. As conditioned, the use would be limited to furniture warehousing and sales and the type of merchandise that may be stored and sold would be limited to furniture and furniture accessories. b. The operational characteristics of the furniture sales warehouse would be appropriate for the location. As conditioned, the use would occur entirely within the existing building area and would not be permitted to have outdoor storage. display, or activities (except ioading and unloading) without prior approval from the Community Development Director. All loading and unloading would occur at the loading door in an area that doe~ no~ impact drive aisle~ or parkinç; spaces. Zoning Administrator Action No.05-023 Conditional Use Permit 05-034 Page 2 E. II. c. As conditioned, the days and hours of operation would be consistent with the operational characteristics of the other businesses located within the immediate vicinity and limitation on the hours of operation is necessary to prevent conflict with the previously approved Conditional Use Permit for a church located at 14451 Franklin Avenue that allowed church patrons to use the project site's parking area during certain hours. d. As conditioned, the proposed use would not result in parking impacts since the site would provide the required number of parking spaces based upon the established parking ratio included in the district's regulations. e. As conditioned, adequate sidewalks will be constructed adjacent to the project site to meet current Federal Americans with Disabilities Act (ADA) requirements as agreed upon on September 29, 1993, through an Agreement to Construct Sidewalks. 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). The Zoning Administrator hereby approves Conditional Use Permit No. 05-034 authorizing the establishment of a furniture warehouse sales within an existing warehouse building located at 14450 Chambers Road, subject to the conditions contained within Exhibit A, attached hereto. PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular meeting held on the 21st day of November, 2005. Dana Ogdon ACTING ZONING ADMINISTRATOR Eloise Harris RECORDING SECRETARY Zoning Administrator Action No.05-023 Conditional Use Permit 05-034 Page 3 STATE OF CALIFORNIA) COUNTY OF ORANGE) CITY OF TUSTIN ) I, ELOISE HARRIS, the undersigned, hereby certify that I am the Recording Secretary of the Zoning Administrator of the City of Tustin, California; that Zoning Administrator Action No. 05-023 passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 21st day of November, 2005. Eloise Harris RECORDING SECRETARY GENERAL (1 ) 1.1 (1 ) 1.2 (1 ) 1.3 (1 ) 1.4 EXHIBIT A ZONING ADMINISTRATOR ACTION 05-023 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 05-034 The proposed use shall substantially conform with the submitted plans for the project date stamped November 21, 2005, on file with the Community Development Department, except as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Director of Community Development may also approve minor modifications to plans during plan check if such modifications are to be consistent with the provisions of the Tustin City Code and other applicable codes. Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified or prior to the issuance of any building permits for the project, subject to review and approval by the Community Development Department. Approval of Conditional Use Permit 05-034 is contingent upon the applicant and property owner signing and returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the property owner 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 05-034, 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. SOURCE CODES (1} STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CaDEtS (4) DESIGN REVIEW *** EXCEPTIONS RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PCtCC POLICY (5) (6\ (7) Zoning Administrator Action No.05-023 Conditional Use Permit 05-034 Page 2 (1 ) 1.5 (1 ) 1.6 Any violation of any of the conditions imposed is subject to the payment of a civil penalty of $100.00 for each violation, or such other amounts as the City Council may establish by ordinance or resolution, and for each day the violation exists, subject to the applicable notice, hearing, and appeal process as established by the City Council ordinance. The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorneys' fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. PLAN SUBMITTAL (3) 2.1 (3) 2.2 (1 ) 2.3 (1 ) 2.4 If applicable, at the time of building permit application, the submitted plans shall comply with the most recently adopted codes and regulations, including, but not limited to, the 2001 California Building Code (CBC), 2001 California Mechanical Code (CMC), 2001 California Plumbing Codes (CPC), 2001 California Electrical Code (CEC), California Title 24 Accessibility Regulations, Title 24 Energy Regulations, and all other applicable City Ordinances, and State and Federal laws and regulations. Building plan check submittal shall include the following: . Seven (7) sets of construction plans, including mechanical, plumbing, and electrical. . Two (2) copies of Title 24 energy calculations. drawings for Prior to the commencement of the proposed use, the applicant shall design and re-stripe the parking lot pursuant to the City's parking lot standards to accommodate the required number of parking spaces. Parking for disabled persons shall be provided with an additional five (5) foot loading area with striping and ramp; disabled persons shall be able to park and access the building without passing behind another car. At least one (1) accessible space shall be van accessible served by a minimUm 96 inch wide loading area. The applicant shall design and construct the sidewalk and replace damaged public improvements along the project's street frontage. Current Federal American with Disabilities Act (ADA) requirements shall be met at the drive apron, curb ramp, and pedestrian walkways. A separate 24" x 36" street improvement plan, as prepared by a California fiegÎstered Civil i::ngineer, shall bf:¡ required for all construction within thf:¡ public right-of-way. Construction and/or replacement of any missing or Zoning Administrator Action No.05-023 Conditional Use Permit 05-034 Page 3 (1 ) 2.5 (1 ) 2.6 damaged public improvements shall be required adjacent to this development. Said plan shall include, but not limited to, the following: a) b) c) d) e) Curb and gutter Sidewalk, including curb ramps for physically disabled. Drive apron Street lighting Catch basin In addition, a 24" x 36" reproducible construction area traffic control plan, as prepared by a California Registered Traffic Engineer or Civil Engineer éxperienced in this type of plan preparation may be required. Any damage done to existing street improvements and utilities shall be repaired prior to commencement of the proposed use. Prior to any work in the public right-of-way, an Encroachment Permit shall be obtained from, and applicable fees paid to, the Public Works Department. USE RESTRICTIONS (3) 3.1 (1 ) 3.2 (3) 3.3 (3) 3.4 (3) 3.5 (1) 3.6 The use shall be limited to the warehousing and sale of furniture and furniture accessories. The hours of operation shall be limited to 10:00 a.m. to 6:00 p.m. Tuesday through Friday, 10:00 a.m. to 4:00 p.m. Saturdays and closed on Sundays and Mondays consistent with Condition 2.1.8 of Resolution No. 2759(A) related to the establishment of a church at 14451 Franklin Avenue allowing church patrons to use the parking area at 14450 Chambers Road after 6:30 p.m. Tuesdays and Wednesdays and all day Sundays. Loading and unloading shall occur in the space provided in front of the loading door and shall not encroach into drive aisles or parking spaces. A clearly dimensioned sixty (60) inch pathway/aisle to ail exits shall be maintained at all times. All non-exiting aisles shall be a minimum of forty-eight (48) inches wide, at all times, to comply with California Title 24 Accessibility Regulations. No outdoor storage, display, or any other activities (except loading and unloading) shall be permitted, except as approved by the Tustin Community Development Director. Zoning Administrator Action No.05-023 Conditional Use Permit 05-034 Page 4 FEES (1 ) 4.1 (1 ) 4.2 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. Prior to issuance of any permits, the applicant shall pay the following fees. Payments will be required based upon the rate in effect at the time of permit issuance and are subject to change. A. All applicable Building plan check and permit fees shall be paid to the Community Development Department. B. All applicable Engineering plan check and permit fees shall be paid to the Public Works/Engineering Department.