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HomeMy WebLinkAbout02 CUP 05-040 Report to the Planning Commission DATE: DECEMBER 12, 2005 CONDITIONAL USE PERMIT CUP 05-040 SUBJECT: PROPERTY OWNER: LAFAYETTE PLAZA INVESTORS, LP REMARC MANAGEMENT INC. 23201 LAKE CENTER DRIVE #207 LAKE FOREST, CA 92630 THOMAS TRIKILIS OLIVIA'S DOLL HOUSE TEA ROOM 13011 NEWPORT AVENUE #100A TUSTIN, CA 92780 APPLICANT: LOCATION: 13011 NEWPORT AVENUE #100A GENERAL PLAN: COMMUNITY COMMERCIAL ZONING: C-2 (CENTRAL COMMERCIAL DISTRICT) ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO SECTION 15301 (CLASS 1) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT REQUEST: A REQUEST FOR AUTHORIZATION TO OPERATE A CHILDREN'S BIRTHDAY PARTY BUSINESS WITHIN AN EXISTING BUILDING LOCATED AT 13011 NEWPORT AVENUE #100A. RECOMMENDATION That the Planning Commission adopt Resolution No. 4012 approving Conditional Use Permit 05-040 to authorize the operation of a children's birthday party business within an existing building located at 13011 Newport Avenue #1 OOA. ITEMII2 '~~ì . Conditional Use Permit 05-040 December 12, 2005 Page 2 BACKGROUND Site and Location Olivia's Doll House Tea Room will be located within Plaza Lafayette which is located on the Northwest corner of Irvine Boulevard and Newport Avenue (Attachment A - Location Map). Plaza Lafayette is a commercial center located within the Central Commercial (C-2) zoning district. Surrounding uses to the east and south include commercial oriented businesses while professional office uses lie to the west of the site. To the north of the site are the Woodcrest Apartments which are located within the County of Orange jurisdiction and to the northwest are multiple family residential uses. The C-2 zoning district provides for a variety of retail, service, and office uses. Business Description Olivia's Doll House Tea Room is a business that provides a birthday party service where children can dress up in various costumes while drinking tea and eating cake. Interactive exhibits and planned activities entertain the children. Currently there are four (4) other business locations within the state of California and one (1) in Nevada. Use Determination 88-01, approved by the Planning Commission on January 9, 1989, allows for the establishment and operation of birthday party businesses in the C-2 zoning district with the approval of a Conditional Use Permit. The proposed doll house tea room is consistent with the description of a birthday party business. DISCUSSION Business Operation There will be one (1) employee at any given time to provide wardrobe assistance to the children and organize activities. The business will involve prepared food service and, pursuant to Condition 3.1 of Resolution No. 4012, the applicant will obtain all necessary approvals from the Orange County Health Department. Each party group will have an arranged time slot of approximately two (2) hours. Due to the fact that all parties will be prearranged by appointment only, the business will be open sporadically on a demand basis. There will be days when the business will not open at all provided there are no appointments. Olivia's Doll House Tea Room is expected to open for approximately two (2) to four (4) days per week. There will be no structural interior or exterior tenant improvements apart from a sign. Hours of Operation The proposed business hours of operation are from 2 p.m. to 6 p.m., Monday through Thursday, and from 10 a.m. to 8 p.m., Friday through Sunday. During weekdays most of the parties will take place in the late afternoon hours when children are Conditional Use Permit 05-040 December 12, 2005 Page 3 finished with school. The majority of business is expected to take place on the weekends. Summer months will provide for increased business during the weekdays. Condition 2.2 of Resolution No. 4012 will limit the operational hours to 10 a.m. to 8 p.m. daily. The proposed business hours are consistent with the hours of the other commercial uses within Plaza Lafayette. Parking The proposed tenant space (1,200 square feet) was alloted six (6) parking spaces based on a retail ratio of one (1) space per 200 square feet. Olivia's Doll House Tea Room is classified as an Assembly type use which has a parking ratio of one (1) parking space per every three (3) persons. Using the same number of six (6) parking spaces, the business could accommodate up to eighteen (18) persons at any given time. The applicant has indicated that parties are expected to have approximately ten (10) children at a time. Condition 2.1 of Resolution No. 4012 limits the number of customers and employees and prohibits overlapping of tea parties. The City of Tustin Engineering Division has reviewed the proposed "Doll House Tea Room" birthday party business and has determined that there is sufficient parking capacity to accommodate the proposed project. No significant AM or PM peak hour net change in generation is anticipated. Based upon the projected traffic and the adjacent street system, it has been determined that there is sufficient capacity to accommodate the proposed project. Conditional Use Permit In determining whether to approve the Conditional Use Permit for the proposed Doll House Tea Room, the Planning Commission must determine whether or not the proposed use will be detrimental to the health, safety, morals, comfort, and general welfare of the persons residing in or working in the neighborhood or whether it will be injurious or detrimental to property or improvements in the vicinity or to the welfare of the City. A decision to approve this request may be supported by the following findings: 1. That the General Plan land use designation of Community Commercial and Central Commercial (C-2) zoning district provide for a variety of commercial uses including service businesses. On January 9, 1989, the City of Tustin Planning Commission approved Use Determination 88-01, allowing for the establishment of "birthday party businesses" in the C-2 zoning district subject to approval of a Conditional Use Permit. The proposed use is a similar establishment as a birthday party business. In addition, the project has been reviewed and determined to be consistent with the Air Quality Sub-element of the City of Tustin General Plan. Conditional Use Permit 05-040 December 12, 2005 Page 4 2. The proposed birthday party business would not be detrimental to surrounding properties in that the hours of operation, number of customers, and type of operation are consistent with other businesses within the same center and the C-2 zoning district. All operations will be conducted inside the building. 3. The proposed use, as conditioned, would not result in any parking impacts because the maximum number of persons will be limited to eighteen (18) persons at any given time based upon the assembly ratio of one (1) parking space per every three (3) persons and the six (6) parking spaces allotted to the tenant space. The Traffic Engineering Division has reviewed the proposed business and has concluded that there will be no adverse traffic impacts and there is sufficient parking and street capacity to support the proposed project. 4. As conditioned, Conditional Use Permit 05-040 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. If the use is not operated in accordance with Conditional Use Permit 05-040 or is found to be a nuisance or negative impacts are affecting the surrounding uses, the Community Development Director would have the authority to impose additional conditions to eliminate the nuisance or negative impacts or may initiate proceedings to revoke the Conditional Use Permit. 5. The implementation/application of the proposed conditions would ensure compatibility of the proposed birthday party business use with the surrounding uses and the Tustin City Code. Staff recommends that that the Planning Commission adopt Resolution No. 4012 approving Conditional Use Permit 05-040 for a birthday party business within an existing building located at 13011 Newport Avenue #100A. ~4~ Ryan iontek Assistant Planner Attachments: A. B. C. ~~~ Dana Ogdon Assistant Community Development Director Location Map Submitted Plans Resolution No. 4012 ATTACHMENT A Location Map rn -.-. TUSTIN CITY MAP CUP 05-040 13011 Newport Ave #100) Tustin, CA 92780 ATTACHMENT B Submitted Plans ¡ . IIIIIIIIIIII I................. I ;iiI . jlllllllill ;318-~.""... - ;iiI ..I~ --;::. '.>"~"..'" " . ~~ ""'.'t~" ¿;,. "f!f Olivia's Doll House Tea Room 1. Open 2 to 3 t days a week. 2. 1 employee. 3. Max 10 Customers' ~,. 'P¥~ 4/f Jù/rewe ~~ P-4 J,Lt J,Lt >-' '0 ...:r ~ , w - E-I ~ Z J,Lt (-I 13011 - 13051 Newport Avenue Tustin, CA 92680 Existing Easemenl -- IRVINE BLVD. ~'P~ D"'O'[" 'i""E' D"'UP" " , ',," , ' , " , " ",,'" " , ", ' , " " " ',' , , ',' ,,' J ,'.'~;,:r,.. ,"';: ..~'.." :.. " . ~,girls g~tå' chanç~tQ'beçøl])e, ie$wI1oh.uìchat ~ birthday tea party a.fC>livia's.D.oIL8QUse ,"', ~....-.."'" ,"'" , , Story, and photos by Rita Bi!ihop ~am of beComing' a " d"Olivia's Doll LÍses to make that : tru~ for the girls rtY at the unique JWy which was )~.ìe.anjne 1@,ßOth To¡n..lllld om a theatrical" c1rdrove the!l1.!~ attention to tlëtail' arid irisisteriêêón quality colltribute IDa setting which is packed full of entertaining " surpris~s, , '" GirÌ5 ages fom-through 12 will [md a multitude of beaut nUl dresses, ¿.,haw1;: shoes.hats~~ necklaces to dressupinfor a 'Unique t~~ -pàrtY'ëiperie~ce: TheatfïcaliY~ "tfamed ãttenda.¡:;,ts willalshhelpÌ!ie , taken, c¡u-e of by the staff of , " Oliv'ia's'Doll House, L, Although TrilqllS tms been "Conliouedfrom Page 18succéssfull}'operatblg this tea party concepi for,over 12. years, he has recently begtinJtuildin.JI addi~nal Olivia's~as tumkev~ "" " opportlltities for others, Tworiew 1ocatio~s are in the w~ " " P!'eseritly, The Las Vegas Olivia's DoJ,lHouse should be, ~n in 60 days ¡p1.Ò will be for sale,,~willtlie ~rt~ locàtioh. S()Ön after ,that. " "These are riot franchise businesses - thisJ5.JLtJlI!:)Jœy operation, complet~withguiòance '1'õiayëar, We're¡heraõt"i;é9P¡~» TnEtrsšfatedadam;äJ1t~~--' , " These houses ate alI<~h ¡:very òetail, uQ to the !l~ the ceilings, "You geUh¡!whole staff of theatrically train~d people, parties for seven ormo 'echildren, and all"the parents youcan bring, "Parentslove it as much åsthe J q)V) 20 -:) -! '0 - I'" <1:\ Dr I i ~l' ,', ", \J lVla;,s girls with makeup application, stylirig their hair and aqúick ¡pallicure before serving a special tea party of speeiàny prepaied ~ iegètables, cheeses cutinþ'eart shapes, ,and finger sandwiches, Of '1Ourse, a birthday cake ,is ,also serve<l while the girls are seated at a giant "heart-sha~ð table, All of this is set . amongst a þrivaté' faritasylanjIf.1!lêd ' with hundreds of anunateërdolls, 'stuffedatHmals, an~t ,- talk, sing and aanceaUl1.~. Pllsh Of a ..Q.t!tt.onfTbe b4inda~ girl ge~;~- . po~l~ ~ ..QQll~(\ t:a(;[.iiI ~ s ~Ì1 a§. tfteir,pt~i~" ~~~~ as ,l!..illQinel1to...Qf. tÞi"Í!,-yisit, a~ong with reè~Y.Ï?g a __!'~mi~~r..~-_n_._~, '" "'~ ThmwiÌ1g a p¡niy dOesn't get much easier tþ.ari this, aIle phone ciÛI is aU it fakes aiÏd tIinesfk7 , ';:'+'ic~'k~)" '",""¡Ø'rrlkl/Is, left, In animated . Irty 'fiend, operates Ol/llia's DolfHoiJse, where a girl's d~-up dreams Càif'co/JIe true with dressès and accessories, top left, and a tea party at a heart-shaped table, above. childrenl1o;tþ,ey never þ,ad,anything like ¡t, PatentS can press all tþ,e buttons and activate the iliteractive exhibits for t!t.,e cJ1Ïjdren," continued Trikilis, And indeed, it i~ what you would imagine.it wouldþêlike to walk through the façadeof an exhibit like Alice inWondeiland at" Disneyland, fory(nlr own private party, Current locations ilic1ude:1321 E. Thousand Oaks Blvd in Thousand Oak~, 22700 Lyons ,Avenue in a Victorian Building in Newhall,and 8804 Rosewood inW~. To. book a party,or to inquire abo]lt purchasing one ofth~C>livia's Doll Houses; call (661) 252-1404, ATTACHMENT C Resolution No. 4012 RESOLUTION NO. 4012 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 05-040 AUTHORIZING THE ESTABLISHMENT OF A BIRTHDAY PARTY BUSINESS FOR UP TO EIGHTEEN (18) PERSONS WITHIN A 1,200 SQUARE FOOT TENANT SPACE AT 13011 NEWPORT AVENUE, SUITE 100A. The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. A proper application, Conditional Use Permit 05-040, was filed by Mr. Thomas Trikilis (Olivia's Doll House Tea Room), requesting authorization to establish a birthday party business for children's amusement with a maximum of eighteen (18) persons within an existing 1,200 square foot tenant space located at 13011 Newport Avenue, Suite 100A, in the Plaza Lafayette retail center within the Central Commercial (C-2) Zoning District and the Community Commercial General Plan land use designation. B. The General Plan Community Commercial land use designation provides for a variety of. commercial uses, including retail stores and service businesses. 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. "Birthday party businesses" are conditionally permitted in the Central Commercial (C-2) Zoning District, pursuant to Use Determination 88-01 approved by the Planning Commission on January 9, 1989. D. That a public hearing was ~duly called, noticed, and held for said application on December 12, 2005, by the Planning Commission. E. That the establishment, mairhtenance, and operation of the proposed use 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, 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 use is a similar establishment as a birthday party business and authorized within the C-2 Zone, pursuant to Use Determination 88-01. In addition, the project has been reviewed and determined to be consistent with the Air Quality Sub-element of the City of Tustin General Plan. Resolution No. 4012 Page 2 2) The proposed birthday party business would not be detrimental to surrounding properties in that the hours of operation, number of customers, and type of operation are consistent with other businesses within the same center and the C-2 zoning district. All operations will be conducted inside the building. 3) The proposed use, as conditioned, would not result in any parking impacts because the maximum number of persons will be limited to eighteen (18) persons at any given time based upon the party ratio of one (1) parking space per every three (3) persons and the six (6) parking spaces allotted to the tenant space. The Traffic Engineering Division has reviewed the proposed business and has concluded that there will be no adverse traffic impacts and there is sufficient parking and street capacity to support the proposed project. 4) As conditioned, Conditional Use Permit 05-040 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. If the use is not operated in accordance with Conditional Use Permit 05-040 or is found to be a nuisance or negative impacts are affecting the surrounding uses, the Community Development Director would have the authority to impose additional conditions to eliminate the nuisance or negative impacts or may initiate proceedings to revoke the Conditional Use Permit. 5) The implementation/application of the proposed conditions would ensure compatibility of the proposed birthday party business use with the surrounding uses and the Tustin City Code. This project is Categorically Exempt pursuant to Section 15301, Class 1 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). The Planning Commission hereby approves Conditional Use Permit 05- 040 authorizing the establishment of a birthday party with a maximum of eighteen (18) persons and within an existing 1,200 square foot tenant space located at 13011 Newport Avenue, Suite 100A, subject to the conditions contained within Exhibit A attached hereto. F. II. Resolution No. 4012 Page 3 PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 12th day of December, 2005. JOHN NIELSEN Chairperson ELIZABETH A. BINSACK Planning Commission Secretary 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. 4012 was duly passed and ado~fed at a regular meeting of the Tustin Planning Commission, held on the 1 i day of December, 2005. ELIZABETH A. BINSACK Planning Commission Secretary GENERAL (1 ) (1 ) 1.2 (1 ) 1.3 (1 ) 1.4 (1 ) 1.5 EXHIBIT A RESOLUTION NO. 4012 CONDITIONAL USE PERMIT 05-040 CONDITIONS OF APPROVAL 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped December 12, 2005, on file with the Community Development Department, 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 subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code. This approval shall become null and void unless the use is established within twelve (12) months of the date of this Exhibit. Time extensions may be granted if a written request is received by the Community Development Department within thirty (30) days prior to expiration. All conditions in this Exhibit shall be complied with as specified, subject to review and approval by the Community Development Department. Approval of Conditional Use Permit 05-040 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 05-040, 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 (5) RESPONSIBLE AGENCY (2) CEQA MITIGATION REQUIREMENTS (3) UNIFORM BUILDING CODEtS (6) LANDSCAPING GUIDELINES (4) DESIGN REVIEW (7) PC/CC POLICY *** EXCEPTIONS Exhibit A Resolution No. 4012 Page 2 (1 ) (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. 1.7 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. 1.8 Conditional Use Permit 05-040 may be reviewed annually or more often, if deemed necessary by the Community Development Department, to ensure compatibility with the area and compliance with the conditions contained herein. USE RESTRICTIONS (***) (***) (1 ) (1 ) (1) 2.5 (1) 2.6 (1) 2.7 2.1 2.2 2.3 2.4 The maximum number of customers and employees at any given time within the facility shall be eighteen (18) persons based upon the available amount of parking in the center, at a ratio of one (1) parking space per employee and one (1) parking space for every three (3) persons. Any request to increase customer and/or employee numbers shall require the project proponent with property owner's permission to provide a parking demand analysis of the center showing sufficient parking would be provided and shall be subject to the Community Development Director's review and approval. No overlapping of parties shall be permitted. Hours of operation of the birthday party business, "Tea Room," shall be limited to 10:00 a.m. to 8:00 p.m. daily. The Director of Community Development may approve a request to modify the hours of operation if they are deemed to be compatible with the surrounding area. No congregation and/or loitering in the parking area or walkways is allowed in association with the use. The subject property shall be maintained in a safe, clean, and sanitary condition at all times. The applicant is responsible for collection of any trash associated with the proposed project or its participants. No signs or other forms of advertising or attraction may be placed on the site without approval from the Community Development Department. No exterior public pay telephones, coin-operated video games, or vending items are permitted. If in the future the City determines that a parking, traffic, or noise problem exists on the site or in the vicinity as a result of the proposed project, the Community Exhibit A Resolution No. 4012 Page 3 (1 ) 2.8 Development Director may require the applicant to prepare a parking demand analysis, traffic study, or noise analysis and the applicant shall bear all associated costs. If said study indicates that there is inadequate parking or a traffic or noise problem, the applicant shall be required to provide mitigation measures to be reviewed and approved by the Community Development Department and/or Public Works Department. Said mitigation measures may include, but are not limited to, the following: a. b. Adjust hours of operation. Reduce the number of persons allowed in the facility at any given time. No change or alteration of the tenant space shall occur without prior approval of the Community Development Director. Major modifications to the floor area, services, and/or operation of the business may require consideration of a new Conditional Use Permit by the Planning Commission. BUILDING DEPARTMENT (1 ) 3.1 FEES (2) 4.1 Prior to any food service, whether the food is prepared on-site or off-site, the applicant shall obtain all necessary approvals from the Orange County Health Department. 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 that 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.