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HomeMy WebLinkAboutPC RES 3656~,. RESOLUTION N0.3656 2 3 4 s a s 4 10 ,1 12 13 14 1s 16 17 1a 19 zo 2I 2z 23 24 2s 26 21 28 24 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 98-026 AUTHORIZING THE ESTABLISHMENT OF A MEDICAL OFFICE WITH JOINT USE PARKING WITH STEVEN'S SQUARE OFFICE COMPLEX AT THE PROPERTY LOCATED AT 500 SOUTH `C' STREET. The Planning Commission does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That a proper application for Conditional Use Permit 98-026 was filed by Bennett Architects to request authorization to establish a medics! office (at 500 South `C' Street, mare speciftcally described as Assessor's Parcel No. 401-622-36) with joint use parking within Stevens Square Office complex. 6. According to Tustin City Code Section 9226(b)2, professional offices are conditionally pemlitted in the Multiple Family Residential (R-3) zoning district. C. Joint use parking is allowed by Tustin City Code Section 9271 subject to approval of a conditional use permit. D. ~~ That a public hearing was duty called, noticed and held on said application on February 8, 1999, by the Planning Commission. E. That the establishment, maintenance and operation of the medical office with joint parking 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, as evidenced by the following findings: - 1) The proposed use, as conditioned, will not be detrimental to surrounding properties in that the hours and operations of the medical use would be compatible with surrounding uses. 2) The proposed use, as conditioned, will not have a negative effect on surrounding properties, or impact traffic or the availability of parking in that sufficient parking would be available either on-site or within the Steven's Square complex. 3) The proposed use, as conditioned, will provide for the preservation of a locally significant historic structure. F. That this project is a categorically exemption pursuant to Section 15301 (Class 1) of the California Environmental Quality Act. Resolution No. 3656 Page 2 2 3 a s 6 s 9 10 ll IZ 13~ lA is 16 lz is 19 zo zl zz 23 za zs z6 27 28 29 II. The Planning Commission hereby approves Conditional Use Permit 98-026 to establish a medical office with joint use parking on the property located at 5Q0 South 'C' Street subject to the conditions contained in Exhibit A attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 8th day of February, 1999. R. L I PONTIOUS Cha rson _C:.d r ELIZABETH A BINSACK ~~ Planning Commission Secretary STATE OF CALIFORNIA } COUNTY OF ORANGE ) CITY OF AUSTIN ) I, ELIZABETH A. BINSACK, the undersigned, hereby certify that 1 am the Planning Commission Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3656 was duly passed and adapted at a regular meeting of the Tustin Planning Commission, held on the 8th day of February, 1999. 'tanning Commission Secretary EXHIBIT A CONDITIONAL USE PERMIT 98-026 CONDITIONS OF APPROVAL RESOLUTION N0.365fi GENERAL {1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped February 8, 1999, 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 modifcations to plans if such modifications are consistent wi#h the provisions of the Tustin City Code. (1) 1.2 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 of the Community Development Department. (1) 1.3 Approval of Conditional Use Permit 98-026 is contingent upon the applicant and property owner signing and returning an "Agreement to Conditions Imposed" form as established by the Director of Community Development. (1) ~ 1.4 The applicant shall hold hamtless and defend the City of Tustin from all claims and liabilities arising out of a challenge of the City's approval far this project. (i) 1.5 As determined by a City Code Enforcement Officer, any violation of any of the conditions imposed by this Resolution is subject to the imposition of a civil penalty of $100.00 on the property owner and/or operator for each violation and each day the violation exists. (1) 1.6 The applicant shall be responsible for costs associated with any necessary code enforcement action. in addition to any other enforcement action costs, the applicant shall pay the City $2,000.00 to offset the costs related to enforcement. Said payment shall be made within seven (7) days from the date of this approval. If payment is not made within seven {7) days, this approval shall be null and void. (1) 1.7 A parking and ingress/egress easement to provide for joint use parking at 500 'C' Street and Steven's Square shall be executed by all affected property owners and recorded with the County of Orange Clerk-Recorder. The easement is not transferable and shall become null and void upon revocation of Conditional Use Permit 98-02fi. SOURCE CODES (1) STANDARD CONDITION (2) CEQA NJITIGATION (3} UNIFORM BUILDING CODES (4) DESIGN REVIEW "' EXCEPTIONS (5} RESPONSIBLE AGENCY REQUIREMENTS (6} LANDSCAPING GUIDELINES (7} PC/CC POLICY Exhibit A Resolution No. 3656 February 8, 1999 Page 2 *** 1.8 The applicant shall submit title reports and accompanying title insurance for affected properties to verify signatories on the parking easement and the letter of consent executed on 2/3/99. If the signatories are found to be invalid, the applicant shall submit valid documents with notortzed signatures of the current property owners within seven (7) days of being notified to do so by the Community Development Department. If valid documents are not submitted within the specified timeframe or the current property owners decline to author'~ze the documents, Conditional Use Permit 98-026 will become null and void. PLAN SUBMITTAL "" 2.1 Within the seven (7} calendar days of the approval of the Conditional Use Permit, the applicantlproperty owner shall submit to the Community Development Department all necessary plans and information needed to obtain a building permit for the tenant improvements installed without the benefit of building permits within the structure located at 500 C Street. a) Any and all necessary corrections needed to the submitted construction level plans shall be resubmitted to the Community Development Department within seven (7) days of being notified by j° the City that corrections are ready to be picked up. b) All construction permits shall be obtained from the City within seven (7) days of being notified by the City that the plans are ready for permit issuance. c). All construction shat[ be inspected and approved by Community Development Department within seven {7) days. if a building permit is not obtained in accordance with the fimeframes~set forth in this condition, the property owner shat! provide notice to the tenant to vacate the premises within 36 hours of being notified to provide such notice. *"" 2.2 In compliance with the California Code of Regulations, Title 24 Part 2, Accessibility Standards, a permanent handicapped ramp and railing shall be installed. Plans for the ramp shall be reviewed, approved, and inspected by the Community Development Department. *" 2.3 Within seven (7) days of the date of this Exhibit. construction plans shall be submitted for the installation of on-site parking spaces within the existing garage structure (carriage house}. Exhibit A Resolution No. 3656 February 8, 1999 Page 3 , a) Any and all necessary corrections needed to the submitted construction level plans shall be resubmifted to the Community Development Department within seven (7) days of being notified by the City that corrections are ready to be picked up. b) AI! construction permits shall be ob#ained from the City within seven (7) days of being notified by the City that the plans are ready for permit issuance. c} All construction shall be inspected and approved by Community Development Department within seven (7) days. ff a building permit is not obtained in accordance with the timeframes set forth in this condition, the property owner shall provide notice to the tenant to vacate the premises within 36 hours of being notfied to provide such notice. *** 2.4 A pem~anent sign informing patrons that parking is available on the lower level of the parking structure shall be installed and permanently maintained in a visible location. The permanent location and sign details shall be subject to review and approval of the Community Development Department prior to installation, i ` 2.5 If required, the plan and operations shall be reviewed and approved by the Orange County Health Care Agency and applicable state agencies. The applicant shall comply with any conditions set forth by the applicable agencies or this approval shall be subject to revocation. USE RESTRICTIONS *** 3.1 A total of three (3) on-site parking spaces shall be permanently maintained at 500 'C' Street. In accordance with Condition 2.3, construction plans shall be submitted and approved for installation of on-site parking spaces within the existing garage structure (carriage house) prior to use by the general public and patrons of the medical use. 'k'`''' 3.2 All patrons and employees of medical office shall park their vehicles either on-site or within the private parking area of Stevens Square. No parking f associated with the medical use shall be permitted on the public street or City (Redevelopment Agency) awned parking stalls on the upper floor of the parking structure. ~"'~' 3.3 The subject property shall be maintained in a safe, clean and sanitary condition at all times. The applicant is responsible for collection of any trash associated with the medical use. Exhibit A Resolution No. 3656 February 8, 1999 Page 4 *'"* 3.4 No temporary or permanent signs or other forms of advertising or attraction may be placed on the site without approval from the Community Development Department. The existing, fteestanding wood sign shall be removed within ten (7 0}days of the date of this Exhibit. **' 3.5 The tenant shall maintain a permanent sign in the office which states that patients are to park within the surface (outdoor) parking area and lower floor of the parking structure within the Steven's Square complex and shall state that parking on C Street or on the upper floor of the parking structure is discouraged. '** 3.6 If, at any time in the future, the City is made aware and concurs that a parking problem exists at the subject site as a result of insufficient on-site parking availability, then the Community Development. and Public Works Departments may require the property owner to submit a revised parking demand analysis prepared by a California licensed traffic engineer and/or a civil engineer experienced in preparation of these documents, at no expense to the City, within the time schedule stipulated by the City. If said study indicates that there is inadequate parking, additional mitigation measures shall be provided subject to the review and approval of the Community Development and Public Works Departments. Said mitigation may include, but not to be limited to, the following: i a. Reduce the demand far parking. b. Provide additionaE parking as needed, up to minimum number required for the uses consistent with standard parking requirements by purchase and/or lease of property within 500 feet of the property or provision of the needed parking on site. The securing of off-site parking would require approval by the Community Development Director. Failure to adequately respond to such a request and to implement mitigation measures within the time limit schedules established, shall be grounds for initiation of revocation procedures for Conditional Use Permit 98-026. FEES (~) 4.1 As authorized by City Council Resolution Nos. 87-138 and 92-103, the property owner shall pay penalty fees for construction work conducted without permits. The penalty fee is the permit fee plus a penalty charge of two times the permit fee, with a minimum penalty of $300 and a maximum of $3,000. The applicant shall also pay Orange County Fire Authority plan check and inspection fees and penalties to the Community Development Department based upon the most current schedule. _ { Exhibit A ~` Resolution No. 3656 February 8, 1999 Page 5 (1) 4.2 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 $38.00 (thirty-eight dollars) 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.