HomeMy WebLinkAbout03 CUP 07-010ITEM #3
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Report to the ~~US ~~~
Planning Commission
DATE: SEPTEMBER 11, 2007
SUBJECT: CONDITIONAL USE PERMIT CUP 07-010
PROPERTY
OWNER: VESTAR/KIMCO TUSTIN, L.P.
VESTAR DEVELOPMENT COMPANY
7575 CARSON BLVD
LONG BEACH, CA 90808
APPLICANT: STRIKE HOLDINGS, LLC.
BRETT PARKER
215 PARK AVENUE SOUTH #1800
NEW YORK, NY 10003
LOCATION: 2405 PARK AVENUE
GENERAL PLAN: MCAS TUSTIN SPECIFIC PLAN
ZONING: SP-1 - MCAS TUSTIN SPECIFIC PLAN DISTRICT
(PLANNING AREA 19 -COMMERCIAL)
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
30-LANE BOWLING ALLEY, ARCADE, AND
RESTAURANT WITHIN AN EXISTING 28,000 SQUARE
FOOT TENANT SPACE LOCATED WITHIN THE
DISTRICT AT TUSTIN LEGACY
RECOMMENDATION
That the Planning Commission adopt Resolution No. 4062 approving Conditional Use
Permit 07-010 to authorize the operation of a 30-lane bowling alley with an arcade
and restaurant located at 2405 Park Avenue.
CUP 07-010
September 11, 2007
Page 2
CONTINUANCE
Conditional Use Permit 07-010 was continued from the July 24, 2007, August 14, 2007,
and August 28, 2007 Planning Commission meetings to allow for further review of the
project by City Staff as well as at the request of the applicant to further review the
proposed conditions of approval. In that time, City Staff has been working closely with the
applicant on the project and have modified the proposed conditions of approval of
Planning Commission Resolution No. 4062.
BACKGROUND
Location
The proposed Strike Bowling Alley will be in the District shopping center at Tustin Legacy,
located at the .northwest comer of the intersection of Jamboree Road and Barranca
Parkway on the former Marine Corps Air Station (MCAS) Tustin. The District shopping
center comprises over a million square feet of retail and restaurant commercial uses.
Strike Bowling Alley will be located on the second floor of Building 5 in the Lifestyle Center
of the District. The Lifestyle Center is apedestrian-oriented portion of the District which
will have an emphasis on entertainment attractions in addition to retail and restaurant
uses.
Surrounding Properties
The District at Tustin Legacy is zoned as Specific Plan 1 (SP-1) MCAS Tustin Specific
Plan and comprises Planning Areas 16, 17, and 19. The District is bounded by Tustin
Ranch Road to the north and west, Jamboree Road to the east, and Barranca Parkway to
the south. Commercial and industrial uses lie to the south and east of the project site
across Jamboree Road and Barranca Parkway in the City of Irvine. Land to the north and
west of the project site is also located within the MCAS Tustin Specific plan and is
currently being redeveloped to accommodate a wide variety of possible future uses within
a community core.
Properties adjacent to the Strike Bowling Alley are also located within the District shopping
center. The Lifestyle Center of the District is located within Planning Area 19 which allows
for an assortment of commercial uses, which include commercial recreational facilities
such as bowling alleys and arcades as a conditionally permitted use.
Site Conditions
The shell building (Building 5) that will accommodate the proposed bowling alley is
currently under construction with a completion date towards. the. end of September 2007.
Building 5 has numerous tenant spaces that include three restaurants, Borders Books &
Music, Tilly's, DSW, and other smaller tenant spaces. The Lifestyle Center has already
opened to the public with the opening of the AMC movie theaters which was followed by
CUP 07-010
September 11, 2007
Page 3
retail tenants and restaurants. Many of the tenant suites still remain under construction,
but should be opening shortly. If approved, the Strike Bowling Alley has an anticipated
opening date of December 1, 2007.
Public Noticing
A public hearing notice identifying the time, date, and location of the public hearing for
the proposal was published in the Tustin News on July 12, -2007. Property owners
within 300 feet of the site were notified of the hearing by mail; a hearing sign was posted
on the site and at City Hall on July 12, 2007. The applicant was informed of the
availability of the agenda and staff report for this item.
DISCUSSION
Business Description
Strike Bowling Alley is proposing to occupy an existing 28,000 square foot tenant space
located on the second floor of atwo-story building. There will be 30 bowling lanes as well
as a 1,310 square foot restaurant area with 56 seats including a bar. Alcoholic beverages
will be served on-site in conjunction with a bona fide restaurant, which is outright permitted
within Planning Area 19. A 1,380 square foot video game arcade with a maximum
occupancy of 126 persons is also being proposed for the bowling alley. Tenant
improvements will be required; however, there are no exterior improvements to the
building that are being proposed.
Hours of Operation
The proposed business hours of operation are from 10:00 a.m. to 2:00 a.m. which have
been conditioned to remain as such pursuant to Condition 5.2 of Resolution No. 4062.
The proposed hours are consistent with other businesses operating within the Lifestyle
Center which also include additional entertainment facilities such as a fourteen screen
movie theater and future comedy club.
Parking
There is an approved parking demand analysis for the District which has already
assumed a 28,000 square foot bowling alley in the proposed location. On July 26,
2004, the City of Tustin Planning Commission approved a reduction of off-street parking
requirements for the project with approval of the "Traffic Impact Assessment and
Parking Demand Analysis." Since approval, there have been two addendums to the
parking analysis both of which included the proposed project.
CUP 07-010
September 11, 2007
Page 4
Conditional Use Permit
In determining whether to approve the Conditional Use Permit for the proposed 30-lane
bowling alley with a restaurant and arcade, 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 Planning Area 19 of the MCAS Tustin Specific Plan accommodates a
variety of commercial uses and allows for commercial recreational facilities
such as bowling alleys and arcades upon approval of a Conditional Use
Permit. 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.
2. The proposed bowling alley, arcade, and restaurant 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 District shopping center. All operations will be
conducted inside the building.
3. The proposed use has been accounted for in an approved Parking
Analysis for the District shopping. center.
4. The implementation/application of the proposed conditions would ensure
compatibility of the proposed bowling alley business use with the
surrounding uses and the Tustin City Code.
Staff recommends that that the Planning Commission adopt Resolution No. 4062
approving Conditional Use Permit 07-010 fora 30-lane bowling alley with an arcade and
restaurant located at 2405 Park Avenue in the District at Tustin Legacy.
,~~_` .
Ry Swiont Elizabeth A. Binsack
Associate Planner Community Development Director
Attachments:
A. Location Map
B. Submitted Plans
C. Resolution No. 4062
ATTACHMENT A
Location Map
1
LOCATION MAP
TUSTIN CITY MAP
Project No. CUP 07-010
Address: Strike Bowling Alley
2405 Park Avenue
Tustin, CA 92782
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ATTACHMENT C
Resolution No. 4062
RESOLUTION N0.4062
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT
07-010 AUTHORIZING THE ESTABLISHMENT OF A THIRTY
(30) LANE BOWLING ALLEY WITH A RESTAURANT AND
ARCADE IN AN EXISTING 28,000 SQUARE FOOT TENANT
SPACE LOCATED AT 2405 PARK AVENUE AT THE
DISTRICT.
The Planning Commission does hereby resolve as follows:
I. The Planning Commission finds and determines as follows:
A. A proper application for Conditional Use Permit 07-010 was filed by
Doug Steves of Permit Place, Inc. on behalf of Strike Holdings, LLC.
to request authorization to establish a thirty (30) lane bowling alley
with a restaurant and arcade at the District within the MCAS Tustin
Specific Plan (SP-1) Planning Area 19 zoning district and the MCAS
Tustin Specific Plan General Plan Land Use Designation.
B. That a public hearing was duly called, noticed, and held for
Conditional Use Permit 07-010 on September 11, 2007, by the
Planning Commission.
C. That the establishment, maintenance, 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. Planning Area 19 of the MCAS Tustin Specific Plan
accommodates a variety of commercial uses and allows for
commercial recreational facilities such as bowling alleys and
arcades upon approval of a Conditional Use Permit. 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.
2. The proposed bowling alley, arcade, and restaurant 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 District shopping
center. All operations will be conducted inside the building.
3. The proposed use has been accounted for in an approved
Parking Analysis for the District shopping center.
Resolution 4062
CUP 07-010
Page 2
4. The implementation/application of the proposed conditions would
ensure compatibility of the proposed bowling alley business use
with the surrounding uses and the Tustin City Code. .
D. 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 Planning Commission hereby approves Conditional Use Permit 07-010
authorizing the establishment of a bowling alley, restaurant and video
arcade located in an existing 28,000 square foot tenant space at 2405 Park
Avenue at the District subject to the conditions contained within Exhibit A
attached hereto and in substantial conformance with the submitted
approved plans.
PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a
regular meeting on the 11th day of September, 2007.
John Nielsen
Chairperson
ELIZABETH A. BINSACK
Planning Commission Secretary
Resolution 4062
CUP 07-010
Page 3
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. 4062
was duly passed and adopted at a regular meeting of the Tustin Planning
Commission, held on the 11th day of September, 2007.
ELIZABETH A. BINSACK
Planning Commission Secretary
EXHIBIT A
RESOLUTION N0.4062
CONDITIONAL USE PERMIT 07-010
CONDITIONS OF APPROVAL
GENERAL
(1) 1.1 The proposed project shall substantially conform with the submitted plans
for. the project date stamped September 11, 2007, 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 modii•ications to the use 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 All conditions in this Exhibit shall be complied with as specified, subject to
review and approval by the Community Development Department.
(1) 1.4 Approval of Conditional Use Permit 07-010 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) 1.5 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.
SOURCE CODES
(1) STANDARD CONDITION (5) RESPONSIBLE AGENCY
(2) CEQA MITIGATION REQUIREMENTS
(3) UNIFORM BUILDING CODES (6) LANDSCAPING GUIDELINES
(4) DESIGN REVIEW (7) PC/CC POLICY
*** EXCEPTIONS
Exhibit A
Resolution 4062
CUP 07-010
Page 2
(1) 1.6 As a condition of approval of Conditional Use Permit 07-010, 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.
(***) 1.7 This Conditional Use Permit may be reviewed annually or more often, if
deemed necessary by the Community Development Director on the
Community Development Director's own initiative or in consultation with
the Police Chief or the Director of Public Works, to ensure compatibility
with the area and compliance with the conditions of approval contained in
this Resolution and related Exhibits ("conditions of approval"). If the
Community Development Director, either on the Director's own initiative or
after consulting with the Police Chief and/or the Director of .Public Works,
determines that there is evidence that the use is being operated in a
manner inconsistent with the conditions of approval or is creating a
nuisance or otherwise negatively or detrimentally affecting nearby tenants
or the neighborhood, the Community Development Director shall set the
matter for hearing before the Planning Commission and the City Council
as provided under Tustin City Code Section 9293. At the conclusion of
such hearing, the City Council after making the finding specified in Tustin
City Code Section 9293(c)(1), as may be amended from time to time, may
either .revoke the permit or impose additional conditions as the City
Council may reasonably determine necessary or convenient to eliminate
any nuisance or minimize any negative impacts.
(1) 1.8 No change or alteration of the tenant space shall substantially occur from the
approved plans dated September 11, 2007, or the original spirit and intent of
this approval without prior approval of the Community Development Director.
Modifications to the floor area including removal of fixed seats, services,
and/or operation of the business may require consideration of a new
Conditional Use Permit.
BUILDING DIVISION
(3) _2.1 At the time of building permit application, the plans shall comply. with the
2001 Califomia Building Code (CBC), 2001 California Mechanical Code
(CMC), 2001 Califomia Plumbing Codes (CPC), 2004 Califomia Electrical
Code (CEC), Califomia Title 24 Accessibility Regulations, 2005 Title 24
Energy Regulations, City Ordinances, and State and Federal laws and
regulations 2005 Edition.
Exhibit A
Resolution 4062
CUP 07-010
Page 3
1) 2.2 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.
Two (2) copies of structural calculations. (if applicable)
(3) 2.3 The plans submitted 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 Califomia
Plumbing Code Chapter four (4) Table 4-1 as per type of group occupancy,
or as approved by the Building Official.
(1) 2.4 Vehicle parking, primary entrance to the building, the primary paths of travel,
cashier space, sanitary facilities, drinking fountain, and public telephones
shall be accessible to persons if required by the Community Development
Department.
(1) 2.5 The applicant shall comply with the City of Tustin Noise Ordinance to limit
all interior and exterior noise levels to the established standards
(5) 2.6 Prior to issuance of a demolition, precise/rough grading, and/or building
permit with valuation of $50,000 or greater, the applicant shall submit for
approval by the City of Tustin, Construction & Demolition (C&D) debris
collection, disposal, and diversion information on the City-prescribed
forms.
(5) 2.7 At least 50 percent of the construction debris shall be diverted from landfill
to the recycling plants. A security deposit in the amount of $50 per ton
(not to exceed $5,000 per project) for a C&D security deposit will be
collected prior to issuance the permit. Prior to final inspection, the
applicant shall submit to the City of Tustin documents (i.e. receipt from
vendor) showing actual weight or volume of each material of C&D diverted
to the recycling center. For any questions or concerns, please contact Joe
Meyers at (714) 573-3173. (City Ordinance 1281)
(5) 2.8 Prior to issuance of any permits, payment shall be made of all applicable
fees, including but not limited to, the following:
• Building Plan Check and Permit Fees
Exhibit A
Resolution 4062
CUP 07-010
Page 4
PUBLIC WORKS DEPARTMENT
(1) 3.1 Commercial Recycling:
a. Pursuant to City Code Section 9275, The Applicant, Property
Owner, and/or tenant(s) are required to participate in the City's
recycling program.
b. Prior to issuance of a Building Permit, a solid waste recycling plan
shall be submitted and approved by the City. of Tustin Public Works
Department. The plan shall contain the following information:
i. The total quantity (Ibs. or tons) of waste material to be generated by
the proposed development use(s).
ii. The types of waste materials likely to be generated by the proposed
use(s).
iii. The proposed method of recycling, including material types and
quantities.
iv. Identify any outside recycling equipment or services, other than the
City franchise hauler, proposed to service the development.
v. Identify any special waste materials (cooking oils, hazardous
materials, lumber, etc.) which require special handling.
vi. Identify the types and number of collection receptacles to be
utilized and the proposed frequency of collection.
vii. Demonstrate that waste and recycling collection locations are
clearly identified and are equally and readily accessible by property
owners and tenants
viii. Demonstrate that waste collection locations can be readily
accessed by waste and recycling collection vehicles.
(1) 3.2 This Development shall comply with all applicable provisions of the City of
Tustin Water Quality Ordinance and all Federal, State and Regional Water
Quality Control Board rules and regulations
ORANGE COUNTY FIRE AUTHORITY
(1) 4.1 Prior to the issuance ofa building permit the applicant shall submit plans for
any modification or addition to any existing automatic fire sprinkler system in
any structure to the Fire Chief for review and approval. Please contact the
OCFA at (714)573-6100 for additional information.
Exhibit A
Resolution 4062
CUP 07-010
Page 5
(1) 4.2 Prior to the issuance of a building permit the applicant shall submit
architectural plans for review and approval of the Fire Chief if required per
the "Orange .County Fire Authority Plan Submittal Criteria Form". Please
contact the OCFA at (714) 573-6100 for a copy of the Site/Architectural
Notes to be placed on plans prior to submittal.
USE RESTRICTIONS
(1) 5.1 The bowling alley will be part of a pedestrian and entertainment oriented
lifestyle center. No sexually oriented business may be established in
conjunction with, or in lieu of, the bowling alley, restaurant and arcade.
(1) 5.2 The operating hours shall begin no earlier than 10:00 a.m. and close no
later than 2:00 a.m., seven days a week.
(1) 5.3 Outside address speakers, telephone bells, buzzers, and other similar
devices, which are audible from adjoining properties, shall be prohibited. All
requirements of the City's Noise Ordinance shall be met at all times.
(1) 5.4 No outdoor storage shall be permitted except as approved by the Tustin
Community Development Director.
(1) 5.5 The applicant shall utilize Best Available Control Technology on all
cooking and exhaust equipment in accordance with Air Quality
Management District (AQMD) standards due to the property's proximity to
residential properties.
(1) 5.6 Exterior public pay telephones shall be prohibited and. interior public pay
phones shall be programmed to prevent incoming calls.
(1) 5.7 "No Loitering" signs shall be placed near the entrance on the outside of
the premises. No congregation and loitering outside the building shall be
permitted.
(1) 5.8 Approval of the subject business is contingent upon the business remaining
as a bona fide restaurant or eating establishment. A bona fide restaurant or
eating establishment is defined as a retail establishment that sells food and
beverages prepared on-site, where customers are served for on-site
consumption durir-g the posted business hours. The business shall comply
with all regulations set forth by the Department of Alcohol Beverage Control.
(7) 5.9 A third early review of the financial statements and schedules separately
identifying gross sales of food and gross sales of alcohol may be required by
the Community Development Director for annual review. The gross receipts
of food sales must exceed the gross receipts of alcohol sales. If gross
receipts of alcohol exceed food sales, the. Community Development Director
may initiate proceedings to revoke the Conditional Use Permit.
Exhibit A
Resolution 4062
CUP 07-010
Page 6
(7) 5.10 Business operations shall be conducted in a reasonable manner that does
not create a public or private nuisance. Any such nuisance must be
abated immediately upon notice by the City of Tustin.
(*) 5.11 .There shall be no special events sponsored by or involving an outside
promoter or any other person other than the applicant. The building may
not be sublet to a separate business or promoter or person other than the
applicant.
FEES
(2) 6.1 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 fifty
dollars ($50.00) 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.