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HomeMy WebLinkAboutCUP 03-022 I STORAGE I 818 SF acC. LD. - 8181300 _ 2 NOTE: SHOWROOM AND STORAGE FOR PIANOS AND FURNITURE ONLY Q : ... W~ Oq. f~ enz o NEW DEMISE WAll ISHOWROOMI 1,132 SF acC. lD. -1132130=38 SPACE "C" 1,874 U.S.F. ------------------ FLOOR PLAN SCALE: 3132" "1'.0" HAMPTON MUSIC T.I. 2820 WALNUT AVE., SUITE 'c' TUSTIN, CA 92780 C.U.P.1I03.o22 12122103 EXISTING REAR ROll.UP DOOR . F 05 " :c en!;: W<c Oq. f~ enZ EXISTING ENTRY DOOR N CD r-'. ATTACHMENTD Parking Survey ,.---- -. - - - -- Tustin Business Center 2670 Walnut 11 00 Mfg 100% 605 DATE: MARCH 1, 2004 S~'tV 0'. Ii ~ I n t e r - Com \~()S5)~) TO: FROM: SUBJECT: ZONING ADMINISTRATOR COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONAL USE PERMIT 03-022 APPLICANT: PROPERTY OWNER: LOCATION: ZONING: HAMPTON MUSIC HOME ATTN: MARIA DJOHARI 1 SANTA COMBA IRVINE, CA 92606 HB TUSTIN FRANKLIN, LLC 14662 FRANKLIN AVE, UNIT B TUSTIN, CA 92780 2620 WALNUT AVENUE, UNIT C 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 TO ESTABLISH A PIANO/FURNITURE SALES WAREHOUSE WITHIN AN EXISTING 1,874 SQUARE FOOT SUITE IN THE IRVINE INDUSTRIAL COMPLEX PLANNED COMMUNITY LOCATED AT 2620 WALNUT AVENUE, UNIT C. RECOMMENDATION That the Zoning Administrator adopt Zoning Administrator Action 04-004 approving Conditional Use Permit 03-022 to establish a 1,874 square foot piano/furniture sales warehouse within an existing building in the Irvine Industrial Complex. Zoning Administrator Report Conditional Use Permit 03-022 March 1, 2004 Page 2 PROJECT DESCRIPTION The 1,874 square foot piano/furniture sales warehouse is proposed to be located within the Irvine Industrial Complex Planned Community, which is bounded by Tustin Ranch Road, Interstate 5, Myford Road, and Edinger Avenue (Attachment A - Location Map). The project is located in the General Plan Planned Community Commercial/Business land use designation, which provides for warehousing and associated sales uses, and the Planned Community Industrial (PC IND) Zoning District. Section VI C. of the Irvine Industrial Complex Planned Community District Regulations identifies furniture warehouse sales as conditionally permitted uses. Upright and grand pianos may be considered to be furnishings as determined by the Community Development Director (Attachment B). The property is currently improved with eleven (11) multi-tenant buildings, which are occupied by a variety of light industrial and office uses that are individually no larger than 2,000 square feet each (Attachment C - Site Plan and Floor Plan). The piano warehouse is proposed in a 1,874 square foot tenant space that is located within Suite C of Building 5 and would occupy approximately 20 percent of that building. The applicant wishes to utilize 1,132 square feet of the warehouse for a piano sales showroom and the remaining 618 square feet of building area for piano storage. The showroom layout may often be reconfigured to fit different size pianos; therefore, Conditions 3.3 and 3.4 are included to require that minimum aisle widths are maintained at all times to comply with building, safety, and fire codes pertaining to access. Condition 3.1 restricts the use to piano and furniture sales and prohibits the sale of any other musical instruments because general retail sales are not identified as permitted in the zoning district. Condition 3.5 prohibits musical instruction from occurring on-site because music instruction is not identified as a permitted use in the zoning district. A combination Building Permit C03-0554 was applied for on November 10, 2003 (10 days prior to submitting a CUP application) and was approved on December 3, 2003. During the plan check process, staff informed the contractor that general retail sales or classes would not be permitted on-site and the contractor proceeded with the building permit as a general tenant improvement to the suite. The proposed hours of operation would be 10:00 a.m. to 6:00 p.m. daily, which is consistent with the hours of operation 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. Condition 3.7 would require the entire use to be conducted entirely within the building, except loading and unloading activities. Condition 3.2 prohibits loading and unloading activities from encroaching into drive aisles or parking spaces. .~ Zoning Administrator Report Conditional Use Permit 03-022 March 1, 2004 Page 3 Parking There are 421 parking spaces available for all uses within the Tustin Business Center. The proposed use would require six parking spaces based upon a ratio of one (1) parking space per 250 square feet for the showroom area and one (1) space for each 1,000 square feet for the remaining storage area (see Attachment D - Parking Summary). A total of 339 parking spaces are required to be provided for the existing and proposed uses. As such, there are a total of 82 (421 - 339 = 82) surplus parking spaces and sufficient parking would be available for the proposed use. The City's Traffic Engineer has reviewed the project and compared the piano showroom use to an industrial use that could occupy the tenant space without a CUP. The Traffic Engineer determined that the use has the potential to generate a total of 65 net daily trip ends, which is three more trip ends during the more critical p.m. peak hour than an industrial use would generate. However, the Traffic Engineer concluded that the net change in daily or p.m. peak hour trip generation is not anticipated to be significant and, based on the projected traffic and the adjacent street system, there is sufficient capacity to accommodate the proposed piano showroom use. FINDINGS A decision to approve this request is supported by the following findings: 1. That the establishment, maintenance, and operation of a piano/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 upright and grand pianos and furniture warehousing and sales, and the type of merchandise that may be stored and sold would be limited to upright and grand pianos and furniture. b. The operational characteristics of the piano/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. Zoning Administrator Report Conditional Use Permit 03-022 March 1, 2004 Page 4 ;--- c. The days and hours of operation from 10:00 a.m. to 6:00 p.m. daily 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 a 82 space parking surplus exists and the Traffic Engineer has determined that there is sufficient capacity to accommodate the proposed project. ~ c}:kJl Associate Planner , -'J . f( {~ ,--1...A.- r-l i/L Karen Peterson Senior Planner Attachments: A - Location Map B - Use Determination Memorandum C - Submitted Plans D - Parking Summary E - Zoning Administrator Action No. 04-004 S:\Cdd\Chad\CUP\Staff Report\Cup 03.Q22.doc ATTACHMENT A Location Map '\:,J 'J:~J_~~~.t)--'_L_L'_- _ v- - - ~ lZ-A"'fI"' -'2~A~ ...",:'-\J~;:'\_--- --- _: -i- _i_ "- /' 1 ~ LOCATION MAP m ...- -- -- PRO.JSGl ~'TE. { r;- i r ( - ~" CASE NUMBER: CUP 03-022 ADDRESS: 2620 WALNUT AVENUE ,~ i , \ I j ei , ! \ ./ I on' ...... \ - , --t- . :;.- ! "" .... .", I ,,,' ...... 1 =- I '"' - - ---- ATTACHMENT B Use Determination Memo DATE: FEBRUARY 23, 2004 ~' Inter-coma TO: ~UNITY DEVELOPMENT DEPARTMENT . BETH A.BINSACK, DIRECTOR OF COMMUNITY DEVLOPMENT FROM: USE DETERMINATION FOR FURNITURE WAREHOUSE SALES IN SUBJECT: IRVINE INDUSTRIAL COMPLEX PLANNED COMMUNITY THE The Irvine Industrial Complex Planned Community District Regulations conditionally permit furniture warehouse sales. While there is no definition of "furniture," it has generally been interpreted to mean interior and exterior furnishings associated with residential and non-residential uses such as household furniture and office furniture. Upright and grand pianos can be considered a type of furniture since they are large in scale, difficult to move, and generally accommodated as furnishings in residential and non-residential settings. Other types of pianos, such as electronic keyboards, would not be considered a type of furniture since they are portable and easily moved. ATTACHMENT C Site Plans and Floor Plan "A" EXHIBIT_._ ,,_ ..' ., i I I I I I I I ! ;i /~ l / / ------------.... / ---------- ~(NUr ~~ ( -------- ------- ------ ----- --------- ~ '" l' I 1 I I . IT I V ,I t I I I ' I I I" I I 1 I j : ~ I I ..4 "lI.-t...:dW-i 14"'tul :-'1#1-"'1""11: J I I 1.1 :; . I I 1.1011 L I , :.. ~ I 0 I , .or .. ""rll'l ""1 II' I . I I I I '~' , I I '~. -LL, , I 'I J:i: t I f I ~I I 1 :" I_ 1 I ~-------- "- - . . ~ ---', ;-l~ .', ---Ii ___n. ~-1;------. I ~ . ~- I \ .I' ... "'I'" , , I , , I :'i 0/> ! l~, l , , ~ Its l~: "/ '::' ,r, I , , , , , , , , , , , . ~~ ~~ ~~ ~l;j ~ If: G\J t, it~ l: Page 1 of 1 I STORAGE I 618 SF acC. LD. - 8181300 - 2 NOTE: SHOWROOM AND STORAGE FOR PIANOS AND FURNITURE ONLY Q · Ii: W< ~~ a.. 0 rnz o NEW DEMISE WALL ISHOWROOMI 1,132 SF acc. LD. -1132130 = 36 SPACE "C" 1,874 U.S.F. FLOOR PLAN SCALE: 3132" = 1'.0" HAMPTON MUSIC T.I. 2820 WALNUT AVE., SUITE 'C' TUSTIN, CA 92780 C.U.P. 1103.022 12/22/03 EXISTING REAR ROLL.UP DOOR . p:l 011 ~ ffii (J'l- ~~ rnz EXISTING ENTRY DOOR N CD ATTACHMENT D Parking Survey 2670 Walnut J 100 Mfg 100% 605 2650 Walnut/11Z TOTAL Office 10% VVhse 90% 750 157917 0 5 51 LN = legal nonconforming _= Unverified 0.3 203 o 8 7 421.00 spaces provided 338.66 spaces required 82.346 surplus spaces 0.675 o 66 o o 55 /~ ATTACHMENT E Zoning Administrator Action No. 04-004 ZONING ADMINISTRATOR ACTION 04-004 CONDITIONAL USE PERMIT 03-022 2620 WALNUT AVENUE, SUITE B 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 03-022 was filed by Maria Djohari, requesting authorization to establish a piano/furniture sales showroom/warehouse within an existing 1,874 square foot tenant space in the Irvine Industrial Complex at 2620 Walnut Avenue, Suite B, Tustin. B. That the proposed use is consistent with the General Plan "Planned Community Commercial Business" land use designation which provides for a variety of industrial and commercial uses and is allowed within the Irvine Industrial Complex, with the approval of a Conditional Use Permit. 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 March 1, 2004, by the Zoning Administrator. D. That the establishment, maintenance, and operation of a piano/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 ofTustin, in that a. As conditioned, the use would be limited to upright and grand pianos and furniture warehousing and sales, and the type of merchandise that may be stored and sold would be limited to upright and grand pianos and furniture. b. The operational characteristics of the piano/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 from 10:00 a.m. to 6:00 p.m. daily would be consistent with the operational characteristics of the other businesses located within the center. Zoning Administrator Action NO.04-004 Conditional Use Permit 03-022 Page 2 ~ d. The proposed use, as conditioned, would not result in parking impacts since a 82 space parking surplus exists, and the Traffic Engineer has determined that there is sufficient capacity to accommodate the proposed project. E. This project is Categorically Exempt pursuant to Section 15301, Class 1 of Title 14, Chapter 3 of the Califomia Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Zoning Administrator hereby approves Conditional Use Permit No. 03-022 authorizing the establishment of a furniture sales warehouse for upright and grand pianos and furniture within a 1,874 square foot tenant space in the Irvine Industrial Complex Planned Community at 2620 Walnut Avenue, Unit S, 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 1st day of March, 2004. Elizabeth A. Sinsack 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. 04-004 passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 1st day of March, 2004. Eloise Harris RECORDING SECRETARY EXHIBIT A ZONING ADMINISTRATOR ACTION 04-004 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 03-022 GENERAL (1) 1.1 The proposed use shall substantially conform with the submitted plans for the project date stamped March 1, 2004, 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, subject to review and approval by the Community Development Department. (1) 1.3 Approval of Conditional Use Permit 03-022 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 within ten (10) days of approval of Conditional Use Permit 03-022. (1) 1.4 As a condition of approval of Conditional Use Permit 03-022, 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.04-004 Conditional Use Permit 03-022 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. PUBLIC WORKS (5) 2.1 The applicant, property owner and/or tenant(s) shall participate in the City's recycling program. Within ten (10) days of project approval and prior to business license approval, a solid waste recycling plan identifying planned source separation and recycling programs shall be submitted and approved by the City of Tustin Public Works Department. USE RESTRICTIONS (3) (3) (3) (3) ... (1 ) ... 3.1 The use shall be limited to the warehousing and sale of upright and grand pianos and furniture. Sales and storage of items shall be limited to upright and grand pianos and furniture. No other musical instruments, including but not limited to electronic keyboards, shall be sold or stored on-site. 3.2 Loading and unloading shall not encroach into drive aisles. Loading and unloading activities shall occur only in designated parking spaces. 3.3 A clearly dimensioned sixty (60) inch pathway to all exits shall be maintained at all times. 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. 3.5 Music instruction shall not occur on-site. 3.6 No outdoor storage, display, or any other activities (except loading and unloading) shall be permitted, except as approved by the Tustin Community Development Director. 3.7 Any modification to floor plans or the use shall be reviewed and approved in writing by the Community Development Director. Zoning Administrator Action NO.04-004 Conditional Use Permit 03-022 Page 3 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 detemnination under the provisions of the California Environmental Quality Act could be significantly lengthened.