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HomeMy WebLinkAboutZA Action 08-003ZONING 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: I. 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 0$-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 OGDO ACTING ZONING ADMINISTRATOR ELOISE RRIS 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 25th day of February, 2008. ~th~-a~- ELOISE RRIS 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 hermit 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 Imitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened.