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HomeMy WebLinkAboutCUP 06-003 Inter-Com DATE: APRIL 10, 2006 TO: ZONING ADMINISTRATOR FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CONDITIONAL USE PERMIT 06-003 PROPERTY OWNER: MAKENA GREAT AMERICAN LLC 1450 EL CAMINO REAL TUSTIN, CA 92780 APPLICANT: NGUYEN K. VU, DDS 9 CARRIAGE DRIVE IRVINE, CA 92602 LOCATION: 14001 NEWPORT AVENUE, SUITE C ZONING: CENTRAL COMMERCIAL AND PARKING OVERLAY (C-2, P) ZONING DISTRICT ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1) PURSUANT TO THE PROVISIONS OF SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. REQUEST: ESTABLISH A DENTAL OFFICE WITHIN A RETAIL CENTER RECOMMENDATION That the Zoning Administrator adopt Zoning Administrator Action No. 06-004 approving Conditional Use Permit 06-003. BACKGROUND On December 6, 2004, the City Council approved construction of a retail center at the project site that is currently under construction. The applicant is requesting approval to establish a dental office within one of the interior suites facing Newport Avenue (Attachment A - Location Map). The project site is located in the Central Commercial and Parking Overlay (C-2, P) zoning district where ground floor office uses are subject to approval of a conditional use permit and the Town Center Redevelopment Project Area. The Zoning Administrator has the authority to review minor conditional use permits within existing Zoning Administrator Report CUP 06-003 Page 2 development where no change of occupancy or primary use is proposed. The primary retail use of the center will remain unchanged. Site and Surrounding Properties The retail center is located at the southwest corner of EI Camino Real and Newport Avenue. The building is approximately 7,373 square feet in area and includes six (6) tenant spaces that upon completion will be occupied by Starbucks at the prime corner, a cellular phone retail store, a check cashing business, Smoothie King, and a mind/body retail store at the southerly corner. The dental office is proposed as an interior unit approximately 1,235 square feet fronting Newport Avenue. The surrounding uses include a motel to the south and west and commercial businesses to the north and east of the property. DISCUSSION! ANALYSIS Project Description In accordance with Tustin City Code Section 9233 office uses on the ground floor within the Central Commercial (C-2) zoning district require approval of a conditional use permit. This provision was intended to encourage retail uses on the ground floor and require specific findings to authorize office uses which include 1), that the office use is more compatible and beneficial than a retail use; and 2) that the parking conforms with the retail standards. Compatibility For convenient shopping and promotion of a vigorous retail center, it is common for service uses to be intermixed with other commercial and retail uses. There are several retail centers within the City that currently include dental offices in the Retail Commercial (C-1) and Central Commercial (C-2) districts such as centers located at the southwest and southeast corner of Main Street and Newport Avenue (Tustin Plaza, Dunn Edwards Center), and the retail center at the southeast corner of Irvine Boulevard and Newport Avenue (Tustin Heights Shopping Center). In addition, dental offices are service-oriented businesses with regularly scheduled patients that provide more pedestrian and vehicular activity than general offices. The proposed dental office is one of the four (4) interior tenant spaces with nineteen (19) linear feet of storefront on Newport Avenue and occupies approximately 17 percent of the center's leasable area. The office is designed to provide the reception and waiting area on front and patient rooms on the back so that the storefront appearance is compatible with other retail uses. Furthermore, the proposed location is not located within the core commercial area of Old Town or fronting EI Camino Real and Main Street. Zoning Administrator Report CUP 06-003 Page 3 Parking/traffic The site is a triangular site adjacent to Caltrans right-of-way with "right turn only" access from Newport Avenue and EI Camino Real. Thirty-seven (37) parking spaces are provided at the retail ratio of one (1) parking space per 200 square feet. The dental office is allocated six (6) parking spaces and meets the retail parking ratio requirement of Tustin City Code Section 9233. Since the peak hour parking demands for dental use would vary from retail uses, establishment of the dental office is not expected to result in a negative impact on the available parking during peak hours. Based on traffic analysis prepared by the City's Traffic Engineer, the dental office would result in a reduction in daily trip ends and would not be expected to have a significant traffic impact on the AM or PM peak hours of the adjacent streets. In determining whether to approve the Conditional Use Permit, the Zoning Administrator 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. Therefore, a decision to approve this request may be supported by the following findings: a) Due to limited access on Newport Avenue, establishment of a dental office will be beneficial, since it is expected to reduce the peak hour daily trip ends and parking demand during peak hours compared to a retail use. b) The dental office is an interior tenant space with nineteen (19) linear feet of storefront on Newport Avenue. The office is designed to provide the reception and waiting area in the front and patient rooms in the back so that the storefront appearance is compatible with other retail uses. c) Dental offices are service-oriented businesses that typically provide more pedestrian and vehicular activity than professional offices since they have regularly scheduled patients. d) Approval of the site will be consistent with several other retail centers in the City where, for convenience of residents, dental offices are mixed with other retail uses. Examples of these centers are located in the Retail Commercial (C-1) and Central Commercial (C-2) districts located at the southwest and southeast corner of Main Street and Newport Avenue (Tustin Plaza, Dunn Edwards Center) and the retail center at the southeast corner of Irvine Boulevard and Newport Avenue (Tustin Heights Shopping Center). e) The proposed use occupies less than 17 per cent of the retail center and the primary retail use of the center will remain unchanged. Zoning Administrator Report CUP 06-003 Page 4 f) The location is consistent with the recent direction provided by the Planning Commission in that the dental office is not located within the core commercial area of Old Town or fronting EI Camino Real and Main Street. g) A mix of various retail and service uses is beneficial in that it promotes visitor activity and provides for a vigorous retail center. ~~~' cct:"-oi::x .. Minoo Ashabi Associate Planner Attachments: A. Location Map B. Submitted PlanS/Parking Summary C. ZA Action 06-004 S:\CddIZAREPORT\2006\CUP 06-003 (dental office).doc ATTACHMENT A Project Location LOCATION MAP p~OJECT NO. ADDRESS 14001 Newport Avenue Suite C ~.J~r J,..cC~ION ATTACHMENT B Submitted Plans ~ Z I " ~ ft Ii ; P b _b f III! Ii .. I k:;,u; ~ d If ,p .. .~~t~~ -.. Z \ ~~ Ii' ~ I ' I I ~ I ci I I:: I .. , I , I , I , I , 1 , : , I ~~=..:!.. ~ f ~ ~ I . . ~!I!II g'illil I..f<(~' .. 0 ~ ,'II' ,..~"'..., ~'\,.. ,,~~,.. .~ 0 ~;c~~ - ~ \8~~~cl t= ' <:- :~.::::-,:L-.::::,:~:.::::"J-t'- ....=:.;;,;; &1___=j. "'. .. T' - .;-T--'- ----- , @ I 8~ , ~oo I -<t g ~ I ~_.. I cli I , I , I I , I , I , 1 I (0)- -- _u I (~} 1 . . t~ , I , I , I , I , I , I , =-0._::0,-=-1- --,-. : I I e- (~ "3 I =... a'" ' ..0 I ,,0 ~:1i I , I , I --..... 1l '~f;l son !i~" Q- "'. '-' 'C { ]~ ...", ::1-" u ~... ' ,,'" I ~\ .- 0 .c '0 , -- I o _ o- S '" S cli >'", ' Li. ~~I .... '1:l_, ~";I , I , : , . , , , , , : , ., , , Ii, : I " ...---- ,t;i .. ,M ... (~) . "',l (o) j " I (o) .- L-.,~ I , . , ': I , I , , :, 'J , ,.... '} 01 , , , , : I " , , ! leaf l till i i ; IlIA 1 , " . , ] I , , , , -" ~ i . , -, -, , " , , : I ., " i:1 . , , , ;: . , J 01 I 11 I! lrd i : : . ( , I.... I jL I ;~ II I I 1 r';', ,:.._} M , '-.. , ('0, ~ - ~- ~ D. a ~ "' ATTACHMENT C Zoning Administrator Action 06-004 ZONING ADMINISTRATOR ACTION 06-004 CONDITIONAL USE PERMIT 06-003 14001 NEWPORT AVENUE, SUITE C The Zoning Administrator of the City of Tustin does hereby resolve as follows: I. The Zoning Administrator finds and determines as follows: A. A proper application was filed by Nguyen K. Vu, DDS requesting authorization to establish a dental office within the retail center located at 14001 Newport Avenue, Suite C. B. The General Plan Old Town Commercial land use designation provides for a variety of commercial and office uses which could include retail, professional office, and service-oriented businesses which serve Old Town and surrounding areas. The project is consistent with the Air Quality Sub-element of the City of Tustin General Plan. C. That a public hearing was duly called, noticed, and held for Conditional Use Permit 06-003 on April 10, 2006, by the Zoning Administrator. D. That the establishment, maintenance, and operation of the proposed use is in compliance with Tustin City Code Section 9233 and 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: a) Due to limited access on Newport Avenue, establishment of a dental office will be beneficial, since it is expected to reduce the peak hour daily trip ends and parking demand during peak hours compared to a retail use. b) The dental office is one of the four (4) interior tenant spaces with nineteen (19) linear feet of storefront on Newport Avenue. The office is designed to provide the reception and waiting area in the front and patient rooms in the back so that the storefront appearance is compatible with other retail uses. c) Dental offices are service-oriented businesses that typically provide more pedestrian and vehicular activity than professional office uses since they have regularly scheduled patients. Zoning Administrator Action 06-004 CUP 06-003 Page 2 d) Approval of the site will be consistent with several other retail centers in the City where for convenience of residents dental offices are mixed with other retail uses. Examples of these centers are located in the Retail Commercial (C-1) and Central Commercial (C-2) districts at the southwest and southeast corner of Main Street and Newport Avenue (Tustin Plaza, Dunn Edwards Center) and the retail center at the southeast corner of Irvine Boulevard and Newport Avenue (Tustin Heights Shopping Center). e) The proposed use occupies less than 17 percent of the retail center and the primary retail use of the center will remain unchanged. f) The location is consistent with the recent direction provided by the Planning Commission in that the dental office is not located within the core commercial area of Old Town or fronting EI Camino Real and Main Street. g) A mix of various retail and service uses is beneficial in that it promotes visitor activity and provides for a vigorous retail center. E. This project is Categorically Exempt pursuant to Section 15301 (Class 1) of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Zoning Administrator hereby approves Conditional Use Permit 06-003 authorizing establishment of a 1,235 square foot dental office within a retail center located at 14001 Newport Avenue, Suite C, 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 on the 10th day of April, 2006. DANA OGDON ACTING ZONING ADMINISTRATOR ELOISE HARRIS RECORDING SECRETARY Zoning Administrator Action 06-004 CUP 06-003 Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Eloise Harris, the undersigned, hereby certify that I am the Zoning Administrator Secretary of the City of Tustin, California; that Zoning Administrator Action 06-004 was duly passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 10th day of April, 2006. ELOISE HARRIS RECORDING SECRETARY EXHIBIT A - ZONING ADMINISTRATOR ACTION 06-003 CONDITIONAL USE PERMIT 05-048 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped April 10, 2006, 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. (1) 1.2 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. (1) 1.3 Approval of Conditional Use Permit 06-003 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. (1) 1.4 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) 1.5 Any violations of the Tustin City Codes or Conditions of Approval of this Conditional Use Permit, and the Orange County Health Care Agent may be considered grounds for the initiation of proceedings to revoke the Conditional Use Permit. SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODEtS (4) DESIGN REVIEW ... EXCEPTIONS (5) (6) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY Conditions of Approval Exhibit A CUP 06-003 Page 2 USE RESTRICTIONS (*) 2.1 The facility must remain a dental office with a reception and waiting area in the front and patient rooms in the rear. Any modification to the size and configuration of the dental office would require approval of the Community Development Department. (*) 2.2 The retail center shall maintain retail uses within the five (5) other suites. No other medical or professional office uses shall be permitted within the center unless this use is terminated and the conditional use permit is revoked. BUILDING DIVISION (3) 3.1 At the time of building permit application, the 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. (1) 3.2 Building plan check submittal shall include the following: · Seven (7) sets of construction plans, including drawings for mechanical, plumbing, and electrical. · Two (2) copies of structural calculations. · No outdoor storage shall be permitted except as approved by the Tustin Community Development Director. PUBLIC WORKS DEPARTMENT (1) 4.1 Project Recycling Requirement - The City of Tustin is required to comply with the recycling requirements contained in California Integrated Waste Management Act of 1989. To facilitate City compliance with this law, the project applicant is required to comply with Section 4327 of the Tustin City Code which details requirements for developing and implementing a Waste Management Plan. FEES (1) 5.1 Prior to issuance of any permits, the applicant shall pay all applicable Building plan check and license permit fees to the Community Development Department. Conditions of Approval Exhibit A CUP 06-003 Page 3 (1,5) 5.2 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 cheek, 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.