HomeMy WebLinkAboutCUP 03-011
DATE:
JUNE 16, 2003
TO:
FROM:
SUBJECT:
ZONING ADMINISTRATOR
COMMUNITY DEVELOPMENT DEPARTMENT
CONDITIONAL USE PERMIT 03-011
APPLICANT:
PROPERTY
OWNER:
LOCATION:
ZONING:
PAULA J. LONG
THREE'S COMPANY
413 31sT STREET
NEWPORT BEACH, CA 92663
BEDFORD PROPERTY INVESTORS
3002 DOW AVENUE, SUITE 220
TUSTIN, CA 92780
3002 DOW AVENUE, SUITE 138
PLANNED COMMUNITY INDUSTRIAL (PC-IND)
ENVIRONMENTAL
STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1)
PURSUANT TO SECTION 15301 OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
REQUEST:
AUTHORIZATION FOR THE ESTABLISHMENT OF A FURNITURE
SALES WAREHOUSE WITHIN AN EXSITING BUILDING AT 3002
DOW AVENUE, SUITE 138.
RFCOMMFNnATION
That the Zoning Administrator adopt Zoning Administrator Action 03-003 approving
Conditional Use Permit 03-011 to establish a furniture sales warehouse within an existing
building in the Dow Business Center.
PRO.IFCT DFSCRIPTION
The Dow Business Center is located within the Irvine Industrial Complex Planned
Community (see Attachment A - Location Map). The property is currently improved with
five (5) large, multi-tenant buildings, which are occupied by a variety of light industrial,
Zoning Administrator Report
Conditional Use Permit 03-011
June 16, 2003
Page 2
research and development, and office uses. The proposed use would be located within
Building 100, which is 86,676 square feet; the proposed tenant space is 4,848 square feet
(see Attachment B - Site Plan and Floor Plan). The applicant wishes to utilize the
existing 3,308-square foot warehouse area for consolidation, warehousing, and sale of
model home furnishings to interior designers, builders, and the public; the remaining
1,540 square feet of building area would be used for accessory offices and the restrooms.
The sales area would consist of furnishings displayed in vignettes on the floor, while
maintaining required aisle widths. While the showroom area may often be reconfigured to
fit different size furniture, Conditions 3.3 and 3.4 are included to require minimum aisle
widths be maintained at all times to comply with all applicable codes and regulations.
Minor tenant improvements would occur to accommodate the proposed use.
The proposed hours of operation would be 10:00 a.m. to 6:00 p.m., Tuesday through
Saturday, which is consistent with the hours of operations of other businesses within the
center. There would be a total of approximately five (5) employees, and all customers
would be permitted to enter and exit either through the front office area, or through the
rear loading doors. A vehicle loading space is located outside the rear-loading door,
which does not encroach into any driveways or parking spaces. Condition 3.5 would
require the entire use to be conducted entirely within the building, except loading and
unloading activities.
Parking
The site is currently improved with 640 on-site parking spaces. The proposed use would
require twenty-three (23) parking spaces based upon a ratio of one (1) parking space per
200 square feet for the sales area, and one (1) space for each 250 square feet for the
remaining office and accessory areas. The total parking requirement for the entire center,
with the proposed use, would be 523 parking spaces (see Attachment C - Parking
Summary). Since there would be a surplus of 113 parking spaces, there is sufficient
parking for the proposed use.
FINDINGS
A decision to approve this request is supported by the following findings:
1. 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:
/
Zoning Administrator Report
Conditional Use Permit 03-011
June 16, 2003
Page 3
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.
c. The days and hours of operation would be consistent with the operational
characteristics of the other businesses located within the center.
d. The proposed use, as conditioned, would not result in parking impacts since
the number of occupants can be accommodated with the twenty-three (23)
parking spaces allocated to the 4,848 square foot tenant space in the Building
Use and Parking Summary form.
/M/-!l/w
Matt West
Associate Planner
Attachments:
A - Location Map
B - Submitted Plans
C - Parking Summary
0- Zoning Administrator Action No. 03-003
S:\Cdd\Zareport\Cup 03-011 (furniture warehouse).doc
ATTACHMENT A
Location Map
/
LOCATION MAP
PROJECT NO,
ADDRESS
CUP 03-011
LOCATION:
3002 Dow Avenue, Suite ~38
A REQUEST TO EST ABLI$H A
FURNITURE SALES
WAREHOUSE WITHIN 4N
EXISTING BUILDING IN ltHE
DOW BUSINESS CENTaR
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ATTACHMENT B
Site Plan and Floor Plan
Dow Business Center
Site Area
Building Area
Development
Parking Provided
Zoning
DOW AVENUE
;i
3'!.~.!!,=-__~~2
232SF 124
218 17525
------E"
220 17525
848SF
4232SF 126
..:3---------
232SF 128
3560SF 130
222 1752SF
-464BSF
224 2336SF
226 2336SF
-a720SF
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BUILDING INFORMATION
Building 100
Building 200
Building 300
Building 400
Building 500
SITE INFORMATION
86,676 SF
33,361 SF
20,960 SF
20,960 SF
30,168 SF
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543,628 SF
192,125 SF
35.3%
640 Stalls
PC Industrial
3002 Dow Avenue, Tustin, CA
For Further Information Contact:
Voit
Commercial Brokerage
Jeffery J. Williams
18500 Von Karman Ave., Suite 150
Irvine, CA 92612
(949) 851-5100 Exl.366
(949) 261-9092 (Fax)
a==CBlHi~C'
INTERNATIONAL
The information contained herein has been obtained from sources we deem reliable. While we have no reason to doubt its accuracy, we do not guarantee it.
Do not rely on any of the information contained herein without verifying it yourself, directly with the listing b~oker or owner.
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ATTACHMENT C
Parking Summary
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ATTACHMENT D
Zoning Administrator Action 03-003
ZONING ADMINISTRATOR ACTION 03-003
CONDITIONAL USE PERMIT 03-011
3002 DOW AVENUE, SUITE 138
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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 03-011 was filed by Jeff
Williams on behalf of Paul J. Long, requesting authorization to establish a
furniture sales warehouse within an existing building in the Dow Business
Center at 3002 Dow Avenue, Suite 138, 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 land use designation of the City of Tustin
General Plan 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 July 16, 2003, 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 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.
c. The days and hours of operation would be consistent with the
operational characteristics of the other businesses located within the
center.
~.
Zoning Administrator Action NO.03-003
Conditional Use Permit 03-011
Page 2
d. The proposed use, as conditioned, would not result in parking impacts
since the number of occupants can be accommodated with the twenty-
three (23) parking spaces allocated to the 4,848 square foot tenant
space in the Building Use and Parking Summary form.
E. 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).
II. The Zoning Administrator hereby approves Conditional Use Permit No. 03-011
authorizing the establishment of a furniture sales warehouse within an existing
building in the Dow Business Center at 3002 Dow Avenue, Suite 138, 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 16th day of June, 2003.
Elizabeth A. Binsack
ZONING ADMINISTRATOR
Eloise Harris
RECORDING SECRETARY
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. 03-003 passed and adopted at a regular meeting of the Tustin Zoning Administrator,
held on the 16th day of June, 2003.
Eloise Harris
RECORDING SECRETARY
EXHIBIT A
ZONING ADMINISTRATOR ACTION 03-003
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT 03-011
GENERAL
(1) 1.1 The proposed use shall substantially conform with the submitted plans for
the project date stamped June 16, 2003, 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.
(1) 1.2 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.
(1) 1.3 Approval of Conditional Use Permit 03-011 is contingent upon the applicant
and property owner signing and retuming 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 As a condition of approval of Conditional Use Permit 03-011, 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 CODE/S
(4) DESIGN REVIEW
*.* EXCEPTIONS
(5)
(6)
(7)
RESPONSIBLE AGENCY
REQUIREMENTS
LANDSCAPING GUIDELINES
PC/CC POLICY
Zoning Administrator Action No.03-003
Conditional Use Permit 03-011
Page 2
(1) 1.5 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) 1.6 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 The submitted plans shall indicate that restrooms are accessible to
persons with disabilities as per State of California Accessibility Standards
(Title 24). Plumbing fixture units are required to comply with the 2001
California Plumbing Code Chapter Four, Table 4-1, as per type of group
occupancy, or as approved by the Building Official.
(3) 2.2 The submitted plans shall identify that the vehicle parking, primary
entrance to the building, the primary paths of travel, cashier space,
sanitary facilities, drinking fountain, and public telephones are accessible
to persons with disabilities.
(3) 2.3 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.
(3) 2.4 At the tirne 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.
(3) 2.5 Building plan check submittal shall include the following:
· Four (4) sets of construction plans, including drawings for mechanical,
plumbing, and electrical.
· Two (2) copies of Title 24 energy calculations.
. Note on plans that no field changes shall be made without prior
approval from the Building Official and architect or engineer of record.
Zoning Administrator Action No.03-003
Conditional Use Permit 03-011
Page 3
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(3) 2.6 All new glass doors and window, in or adjacent to doors, shall be tempered
per Section 2406.4 of the 2001 California Building Code.
(3) 2.7 All rooms and areas with an occupant load of 50 persons or more shall have
a minimum of two (2) exits and the maximum occupant load shall be posted
on the wall in visible locations as approved by the Director of Community
Development and the Building Official.
USE RESTRICTIONS
(3) 3.1 The use shall be limited to the warehousing and sale of furniture and
furniture accessories.
(3) 3.2 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.
(3) 3.3 A clearly dimensioned sixty (60) inch pathway to all exits shall be
maintained at all times.
(3)
3.4 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.
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(1) 3.5 No outdoor storage, display, or any other activities (except loading and
unloading) shall be permitted, except as approved by the Tustin Community
Development Director.
FEES
(C) 4.1
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.
(C) 4.2 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. Payment of additional Orange County Sanitation District No. 7
Sewer Connection Fees shall be made at the time a building permit
is issued. The additional fee, based on an intensification of the
existing use, is .$1.869.02.
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