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HomeMy WebLinkAboutMA 08-001Inter-Com DATE: FEBRUARY 25, 2008 TO: ZONING ADMINISTRATOR FF20M: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: MINOR ADJUSTMENT 08-001 APPLICANT: ELIZABETH A. COBB TUSTIN LEGACY COMMUNITY PARTNERS, LLC. 130 VANTIS, SUITE 200 ALISO VIEJO, CA 92656 PROPERTY OWNER: TUSTIN LEGACY COMMUNITY PARTNERS, LLC. 130 VANTIS, SUITE 200 ALISO VIEJO, CA 92656 LOCATION: TUSTIN LEGACY NEIGHBORHOOD E TRACT 17144 LOTS 1, 2 Sz 3 GENERAL PLAN: SP-1 MCAS TUSTIN SPECIFIC PLAN ZONING: SP-1 MCAS TUSTIN SPECIFIC PLAN ENVIRONMENTAL STATUS: ON JANUARY 16, 2001, THE CITY OF TUSTIN CERTIFIED THE PROGRAM FINAL ENVIRONMENTAL IMPACT STATEMENT/ENVIRONMENTAL IMPACT REPORT (FEIS/EIR) FOR THE REUSE AND DISPOSAL OF MCAS TUSTIN. ON APRIL 3, 2006, THE CITY COUNCIL ADOPTED RESOLUTION NO. 06- 43 APPROVING AN ADDENDUM TO THE FINAL ENVIRONMENTAL IMPACT STATEMENT/ENVIRONMENTAL IMPACT REPORT FOR THE DISPOSAL AND REUSE OF MCAS TUSTIN. THE PROPOSED PROJECT IS CONSISTENT WITH THE MCAS TUSTIN SPECIFIC PLAN AND IS DETERMINED NOT TO RESULT IN ANY NEW SIGNIFICANT ENVIRONMENTAL IMPACTS, SUBSTANTIAL CHANGES OR A SUBSTANTIAL INCREASE IN THE SEVERITY OF ANY PREVIOUSLY IDENTIFIED SIGNIFICANT IMPACTS IN THE FEIS/EIR AND ADDENDUM. MOREOVER, NO NEW INFORMATION OF SUBSTANTIAL IMPORTANCE HAS SURFACED SINCE CERTIFICATION OF THE FEIS/EIR AND ADDENDUM. Zoning Administrator February 25, 2008 MA 08-001 Page 2 REQUEST: A REQUEST TO DECREASE THE NUMBER OF REQUIRED OFF- STREET PARKING SPACES FOR AN OFFICE PARK DEVELOPMENT BY FIFTY-THREE (53) PARKING SPACES, EQUATING TO TWO AND TWO-TENTHS PERCENT (2.2%) OF THE REQUIRED TOTAL. RECOMMENDATION Staff recommends that the Zoning Administrator adopt Zoning Administrator Action 08- 003, approving Minor Adjustment 08-001 to allow for a reduction in the required number of off-street parking spaces by fifty-three (53) parking spaces, which equates to a reduction in the required number of off-street parking spaces by two and two-tenths percent (2.2%) in Phase 1 of the Neighborhood E Technology Park. BACKGROUND The project site is located within the Tustin Legacy Technology Park in Neighborhood E of the MCAS Tustin Specific Plan. Lots 1, 2, and 3 of Tract 17144 include plans for nine general office, R&D, flex, light industrial buildings on 29.44 acres. The site is bounded by Red Hill Avenue to the west and the future extension of Warner Avenue to the north, "B" Street to the east, and future park land on the southern perimeter of the project site. Section 4.2.6 of the MCAS Tustin Specific Plan allows for a Minor Modification in the reduction of off street parking spaces for non-residential uses up to ten percent (10%). Pursuant to 9299b(1)(f) of the Tustin City Code, the Zoning Administrator has the authority to approve minor adjustments that would allow for a decrease in the number of required off-street parking spaces for non-residential land uses up to a maximum of ten percent (10%). PROJECT DESCRIPTION Lots 1, 2, and 3 are included in the Phase 1 development of Neighborhood E which involves the construction of nine (9) concrete tilt-up office buildings totaling 594,410 square feet on 29.44 acres. Future phases of Neighborhood E development will also involve the construction of additional office buildings as well as parkland. The project (Phase 1) has a current deficiency of fifty-three (53) parking spaces which equates to a shortfall of two and two-tenths percent (2.2%) in the required parking stalls to allow for a development of all office space. The following table indicates the breakdown of parking within Phase 1 of the development: Zoning Administrator February 25, 2008 MA 08-001 Page 3 Lot No. S ware Foota a Ratio Parkin Re wired Parkin Provided Sur lus/Det'ICienc 1 132, 764 1 /250 531.06 528 -3.06 2 336,583 1/250 1,346.33 1,298 -48.33 3 125,063 1 /250 500.25 499 -1.25 Total 594,410 1 /250 2, 377.64 2, 325 -52.64 Lot 2 is experiencing the greatest deficiency in the amount of required parking stalls (48.33), while Lots 1 and 3 have minimal deficiencies of (3.06) and (1.25) parking stalls respectively. If considered as a whole, the Phase 1 project has minor parking deficiencies. Lot 2 is the largest of the three lots at 16.56 acres and comprises the greatest number of buildings, five. Lots 1 and 3 have an area of 6.31 and 6.56 acres respectively and both lots each accommodate two buildings. MINOR ADJUSTMENT Pursuant to Section 9299c(3)(a) of the TCC, a minor adjustment to reduce the required number of parking stalls shall only be granted if the following 5ndings can be made: (1) The intent of the parking regulations is preserved; (2) The parking provided will be sufficient to serve the use intended and potential future uses of the same site; and (3) The adjusted decrease in the number of parking spaces shall not be detrimental to the public health, safety or general welfare or materially injurious to properties located in the general vicinity. In response to these findings, the applicant has provided detailed arguments in support of their project contained within Attachment A -Submitted Letter and Email. ANALYS~iS The two and two-tenths percent (2.2%) parking shortfall for the Phase 1 development of the Neighborhood E Technology Park is insignificant when taken into context of the magnitude of the project. Due to the size and scope of the project, there are many opportunities afforded to reduce the overall parking demand through the use of carpooling and alternative means of travel. The project location also lends itself to the ability of future site employees to have the option of public transportation. The aforementioned Transportation Demand Management (TDM) plan is currently exploring all possibilities to further reduce the overall parking demand. It should be noted that the parking deficiency is primarily limited to Lot 2 which has the largest acreage and parking counts, making it better capable of accommodating any reduction in the number of parking stalls. The furthest parking stall on Lot 2 from a Zoning Administrator February 25, 2008 MA 08-001 Page 4 building on the lot is approximately 240 feet; while the furthest parking stall from a building on Lot 1 is approximately 340 feet and 420 feet on Lot 3. Walking distances to buildings on Lot 2 are at a minimum for the project thus creating less outlying parking stalls that users would typically avoid. FINDINGS In addition to the specific findings related to the reduction of off-street parking found in Section 9299c(3)(a) of the TCC, the California Government Code Section 65906 and the TCC require the City to make two positive findings to approve a minor adjustment. In determining whether to approve the Minor Adjustment for the proposed reduction in off street parking up to ten percent (10%), the Zoning Administrator must determine that the proposed use constitutes a special circumstance unique to the land based on hardship where the strict literal interpretation of the zoning code deprives the property of privileges enjoyed by other properties in the area. In addition the Zoning Administrator must determine that the proposed Minor Adjustment would not be a granting of special privilege inconsistent with limitations placed on other properties in the vicinity. A decision to approve this request may be supported by the following findings: 1. Due to the large project area and scope of work, it is reasonable to request a reduction in the number of off-street parking requirements. It should be assumed that there would be shared parking between all of the buildings on such a large site (29.44 acres), which allows for greater opportunities in trip reduction. 2. A decision to reduce the required number of off-street parking stalls would not be a granting of special privilege inconsistent with limitations placed on other properties within the area, in that similar developments of this size typically also involve a reduction in the required parking due to shared parking and other demand analyses for the project. 3. The project follows the intent of the parking. regulations in that the applicant is seeking only to reduce the number of off-street parking stalls which have been lost due to minor mod cations to the plans while in the design review process. The building square footage has not been increased, and it is not the intent to reduce the parking requirements to gain square footage. Through the use of TDM and other measures, the project has been designed to adequately meet the project's expected parking demand. 4. The applicant is working closely with City Staff on the TDM to ensure that the project implements all necessary measures to provide an adequate parking supply. The proposed minor adjustment addresses future uses on the property in that the project site would be parked at a worst-case scenario of all office use Zoning Administrator February 25, 2008 MA 08-001 Page 5 even though it is likely that less parking-intensive industrial uses would also occur at the site. 5. Due to the project size, the requested decrease of two and two-tenths percent (2.2%) in the required number of parking stalls is insignificant to have a detrimental effect on public health, safety or general welfare or be materially injurious to properties located in the general vicinity. Staff recommends that the Zoning Administrator adopt Zoning Administrator Action No. OS-003 approving Minor Adjustment 08-001, allowing for a reduction in the required number of off-street parking spaces by fifty-three (53) parking spaces, which equates to a reduction in the required number of off-street parking spaces by two and two-tenths percent (2.2%) in Phase 1 of the Neighborhood E Technology Park located within the MCAS Tustin Specific Plan (SP-1) zoning district. Rya Swiontek E „®, Associate Planner Attachments: A. Submitted Letter and Email B. Zoning Administrator Action No. 08-003 Shea ~'~c~~.~e~°t~es January 16, 2008 Ms. Elizabeth Binsack Community Development Director CITY OF TUSTIN Planning Department 300 Centennial Way Tustin, CA Re: Tustin legacy Technology Park, Land Conveyance 1- Minor Modification Request Dear Elizabeth: This is afollow-up to our October 2007 correspondence concerning the Minor Modification request to consider a reduction of off-street parking for non-residential uses, in accordance with Section 4.2.6 of the MCAS Specific Pian. Shea Properties is currently in the design review process for Tustin Legacy Technology Park, in Neighborhood E, of the MCAS Tustin Specific Plan. Based on the latest Design Review re-submittal, the following parking summary has resulted in response to site improvements at the request of city staff. At this time, the parking shortfall is one-percent {1%) of the total parking requirement for Phase 1 conveyance. December:2f1t17 Submiktal Lot No. Parkin R wired Parkin Provided Lot 1 532 534 Lot 2 1,347 1 ~~ Lot 3 50t ~ 2 380 2 349 Pursuant to Municipal Code, Section 9299, Zoning Administration, minor adjustments are reviewed for their conformance with the General Plan and determined not to constitute a grant of special privilege inconsistent with the {imitation upon other properties in the vicinity. In addition, minor adjustments to reduce the required amount of parking shall be granted provided the following findings can be made: the intent of the parking regulations is preserved; the parking provided will be sufficient to serve the use intended and potential future uses of the same site; and the adjusted decrease in the number of parking spaces shall not be detrimental to the public health, safety or general welfare or materially injurious to properties located in the general vicinity. The following outlines the required findings and our corresponding justification for your consideration. General Pian Conformance The general plan goal and objectives is that development sites provide sufficient off-street parking. The required parking for the proposed project is defined within the MCAS Tustin Specific Plan. The Specific Ptan allows for the provision of Minor Modifications (Section 4.2.6) of off-street parking spaces for non-residential uses, up to 10- percent. The Minor Modification request considers aone-percent (1 %) decrease. in off-sUeet parking. This request is not asking any special privilege above tivhat is defined in the Specific Pian. 130 Vcltitis, Sttice "200 r~liso 1~ia~jo, CA 92CiSG 'I':9~t9..389.10t10 t~:~1~9.38).71Ettf www.sheaproperties.com Shea ~~'~-~~~ertieS~ The Parking Provided will be Sufficient to Serve the Use Intended and Potential Future Uses The Design Review re-submittal of December 2007 assumed all office at a parking ratio of 1 parking space for every 250 square feet of gross floor area. Although the land uses identified for the site encompass both light industrial and office, we had assumed the higher parking rate of office as a worse case scenario. The proposed site plan also accommodates the required accessible parking spaces (including van), 46-accessible parking spaces in total; in addition to the required bicyde parking, 308 bicycle racks in total. The Intent of the Parking Regulations is preserved The proposed project provides 99% of the required off-street parking, while still demonsUating compliance with other development standards with an insignificant off-sUeet parking shortfall. In addition, the proposed project wpl implement a Trip ReductionlTransportation Demand Management (TDM) Strategy Plan in accordance with Tustin City Code Section 9901 and MCASE Tustin Specific Plan Secffon 3.13.1.C. The City of Tustin's TDM requirements must be designed to reduce Uips to achieve one and five-tenths (1.5) average vehicle ridership (AVR). The program introduces a number of goals, inducting encouraging the use of alternative UansportaGor- modes, such as rider-sharing, carpools, vanpools, public bus and rail Uansit, bicycles and walking. These measures are also relevant in our goat to seek LEED certification for Legacy Park Technology Center. We anticipate that vrith -he successful implementation of the TDM SUategy Plan, there will be an excess of vacant parking spaces beyond our requested minor reduction of off-street parking. A draft copy of the TDM SUategy Plan was submitted under separate cover to the City an January 14, 2007. We will be editing this document in collaboration with the City as required per the TTM 17144. The adjusted decrease In the number of parking spaces shall not be detrimental to the public health, safety or general welfare or materially Injurious to properties located In the yeneral vicinity. The requested minor modification to reduce the off-street parking by one-percent (19'°) is wiihin the ma~umum request (10°,b) as defined within the Specific Plan, which would be considered minimal and not affect the publk health, safety or general welfare or materially injurious to properties located in the general v cicfnity. We appreciate your consideration of this request, and are available to provide any additional clarification. Sincerely, - ~~. Elizabeth A. Cobb VP of Development, Tustin Legacy C: Christine Shingleton, City of Tustin Simon Whitmey, TLCP Bradley Pontius, Shea Properties N:ITustin LegacylTLCP+Desfgn RevltwWE Phase 11080116 LU EB_Tech Park Parking_EC.doc Ms. Binsack January 16, 2008 Page 2 From: Kubota, Glenn [mailto:gkubota@Ipainc.com] Sent: Wednesday, February 20, 2008 7:00 PM To: Swiontek, Ryan Cc: Hempel, Keith; Broming, Gloria; Arambarri, Nick; 'Elizabeth Cobb (Elizabet.cobb@sheaproperties.com)'; DeArakal, Brandon; Mendelssohn, Denise; Onnagawa, Miyuki; Bohonus, Jared Subject: RE: Neighborhood E Parking Ryan, Below is our revised parking count. These numbers are based on the Design Review and are pending any comments from the Building Submittal for Bldgs. 1-3 that was submitted on Feb. 11 to Lot No. S ware Foota a Ratio Parkin Re wired Parkin Provided Sur lus/Deficienc 1 132,764 1 /250 531.06 528 -3.06 2 336,583 1/250 1,346.33 1,298 -48.33 3 125,063 1 /250 500.25 499 -1.25 Total 594,410 1 /250 2, 377.64 2, 325 -52.64 C~LF~~lCv i(t.{~~'t"P~ ZONING ADMINISTRATOR ACTION 08-003 MINOR ADJUSTMENT 08-001 NEIGHBORHOOD E -PHASE 1 The Zoning Administrator of the City of Tustin does hereby resolve as follows: The Zoning Administrator finds and determines as follows: A. That Tustin Legacy Community Partners, LLC. submitted a proper application for Minor Adjustment 08-001 to allow for a reduction in the required number of off-street parking spaces by fifty-three (53) parking spaces, which equates to a reduction in the required number of off-street parking spaces by two and two-tenths percent (2.2%) in Phase 1 of the Neighborhood E Technology Park (Planning Areas 9-12) located within the MCAS Tustin Specific Plan B. That pursuant to Section 4.2.6 of the MCAS Tustin Specific Plan, minor modifications in the reduction of off-street parking spaces for non- residential uses are allowed up to ten percent (10%); C. That a public meeting was duly called, noticed, and held for Minor Adjustment 08-001 on February 25, 2008, by the Zoning Administrator; D. That the establishment, maintenance, and operation of the use applied for 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 a detriment to the property and improvements in the neighborhood of the subject property, nor to the general welfare of the City of Tustin as evidenced by the following findings: 1. Due to the large project area and scope of work, it is reasonable to request a reduction in the number of off-street parking requirements. It should be assumed that there would be shared parking between all of the buildings on such a large site (29.44 acres), which allows for greater opportunities in trip reduction. 2. A decision to reduce the required number of off-street parking stalls would not be a granting of special privilege inconsistent with limitations placed on other properties within the area, in that similar developments of this size typically also involve a reduction in the required parking due to shared parking and other demand analyses for the project. 3. The project follows the intent of the parking regulations in that the applicant is seeking only to reduce the number of off-street parking Zoning Administrator Action 08-003 MA 08-001 Page 2 stalls which have been lost due to minor modifications to the plans ' while in the design review process. The building square footage has not been increased, and it is not the intent to reduce the. parking requirements to gain square footage. Through the use of TDM and other measures, the project has been designed to adequately meet the project's expected parking demand. 4. The applicant is working closely with City Staff on the TDM to ensure that the project implements all necessary measures to provide an adequate parking supply. The proposed minor adjustment addresses future uses on the property in that the project site would be parked at a worst-case scenario of all office use even though it is likely that less parking-intensive industrial uses would also occur at the site. 5. Due to the project size, the requested decrease of two and two-tenths percent (2.2%) in the required number of parking stalls is insignificant to have a detrimental effect on public health, safety, or general welfare or be materially injurious to properties located in the general vicinity. E. That on January 16, 2001, the City of Tustin certified the Program Final Environmental Impact Statement/Environmental Impact Report (FEIS/EIR) for the reuse and disposal of MCAS Tustin. On April 3, 2006, the City Council adopted Resolution No. 06-43 approving , an Addendum to the Final Environmental Impact Statement/Environmental Impact Report for the Disposal and Reuse of MCAS Tustin. The FEIS/EIR and its Addendum is a program EIR under the California Environmental Quality Act ("CEQA"). The FEIS/FEIR and its Addendum considered the potential environmental impacts associated with development on the former Marine Corps Air Station, Tustin. F. The City prepared a comprehensive Environmental Checklist for Minor Adjustment 08-001. The Environmental Checklist concluded that the proposed project does not result in any new significant environmental impacts, substantial changes or a substantial increase in the severity of any previously identified significant impacts in the FEIS/EIR and Addendum. Moreover, no new information of substantial importance has surfaced since certification of the FEIS/EIR and Addendum. II. The Zoning Administrator hereby approves Minor Adjustment 08-001 to allow for a reduction in the required number of off-street parking spaces by fifty-three (53) parking spaces, which equates to a reduction in the required number of off-street parking spaces by two and two-tenths percent (2.2%) in Phase 1 of the Neighborhood E Technology Park located within the MCAS Tustin Specific Plan (SP-1) zoning district, subject to the conditions contained within Exhibit A, attached hereto. Zoning Administrator Action 08-003 MA 08-001 Page 3 PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin, at a regular meeting on the 25th day of February, 2008. DANA OGDON ACTING 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 Zoning Administrator Secretary of the City of Tustin, California; that Zoning Administrator Action 08-003 as duly passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 25"' day of February, 2008. ELOISE HARRIS RECORDING SECRETARY EXHIBIT A ZONING ADMINISTRATOR ACTION 08-003 MINOR ADJUSTMENT 08-001 CONDITIONS OF APPROVAL 1. The proposed project shall substantially conform with the submitted plans for the project date stamped February 25, 2008, on file with the Community Development Department, as herein modified, or as modified by the Zoning Administrator in accordance with this Exhibit. The Community Development Director may also approve subsequent minor modifications to the parking counts up to a maximum ten percent (10%) reduction in the number of required off-street parking spaces. 2. The applicant shall submit a final site plan and parking summary for the project to the Community Development Department for review and approval prior to building permit issuance. 3. Unless otherwise specified, the conditions contained in this Exhibit shall be complied with prior to the issuance of any building permits for the project, subject to review and approval by the Community Development Department. 4. Approval of Minor Adjustment 08-001 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. 5. 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 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.