Loading...
HomeMy WebLinkAboutCUP 08-003~ DATE: Inter-Com TO: FROM: SUBJECT: MARCH 3, 2008 ZONING ADMINISTRATOR COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONAL USE PERMIT 08-003 PROPERTY DONAHUE SCHRIBER REALTY GROUP OWNER: ATTN: MICHAEL OSBORNE 200 E. BAKER STREET, SUITE 100 COSTA MESA, CA 92626 APPLICANT: JON ANDRESEN KKE/HFTA ARCHITECTS 4 EXECUTNE CIRCLE, SUITE 190 IRVINE, CA 92614 LOCATION: 14945 HOLT AVENUE GENERAL PLAN: PLANNED COMMUNITY COMMERCIAUBUSINESS ~" ZONING: FIRST STREET SPECIFIC PLAN (SP-10) ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1) PURSUANT TO THE PROVISIONS OF SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. REQUEST: FOR REDUCTION OF OFF-STREET REQUIRED PARKING AND JOINT-USE PARKING AT THE TUSTIN COURTYARD RETAIL COMMERCIAL CENTER. RECOMMENDATION That the Zoning Administrator adopt Zoning Administrator Action No. 08-004 approving Conditional Use Permit 08-003, a reduction of off-street required parking and joint-use parking. BACKGROUND On July 25, 1994, the Planning Commission adopted Resolution No. 3287 approving a remodel of the retail commercial center, an addition of 1,934 square feet of retail space, Zoning Administrator Report CUP 08-003 Page 2 a master sign plan, and amending Conditional Use Permit 76-14. Condition 3.1 of Resolution No. 3287 required 719 parking spaces to be maintained. Site and Surrounding Properties The project site is located within the Tustin Courtyard retail center, which is bounded by Irvine Boulevard to the north, Holt Avenue and Newport Avenue to the east, East First Street to the south, and existing commercial properties to the west. The Tustin Courtyard is an existing 156,367 square-foot retail commercial center with a 716-space parking lot. The project site is currently improved with a 24,828 square-foot tenant space (Unit E1), which is the future location of the Sprouts Farmers Market grocery store, and several inline retail commercial tenant spaces along First Street. Unit E1, which is currently undergoing tenant improvements, is located between the CVS Pharmacy at 671 E. First Street and the Mervyn's store at 18182 Irvine Boulevard. DISCUSSION Project Description The applicant proposes to build a truck dock in the rear of the building to serve Unit E1, the future location of Sprouts Farmers Market grocery store. The proposed truck dock .,~ would remove fourteen (14) parking spaces in the area east of the building. The parking spaces along the west side of the project site typically serve as employee parking since the main store entrances are on the east side of the building. Parking Condition 3.1 of Planning Commission Resolution No. 3287 required 719 parking spaces to be maintained. However, according to the site plan, the site currently has 716 parking spaces and the applicant proposes to remove fourteen (14) parking spaces in the rear area of the building, resulting in 702 remaining parking spaces. The applicant submitted a parking utilization analysis report conducted by Pirzadeh & Associates, Inc. Staff reviewed the parking utilization analysis and determined that it complies with Tustin City Code Section 9271 aa, which allows for parking reduction in multi-tenant joint-use sites. The report states that parking surveys were conducted at two locations, the Tustin Courtyard and the existing Sprouts Farmers Market at 3775 Alton Parkway in the City of Irvine. The existing 24,136 square-foot Sprouts Farmers Market in the City of Irvine is similar in size to the proposed 24,828 square-foot Sprouts in the Tustin Courtyard. The parking utilization analysis report states that a peak parking demand of 317 vehicles parking spaces based on observed parking demand at the two locations. Based on the maximum parking space demand of 317, the proposed 702 parking spaces would be sufficient for the project site. Zoning Administrator Report CUP 08-003 Page 3 If in the future the 702 spaces are not deemed sufficient and do not accommodate the demand on-site, the impact will be alleviated by Condition 2.3. ANALYSIS In determining whether to approve the Conditional Use Permit, the Zoning Administrator 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: A parking study in accordance with Tustin City Code Section 9271 as was prepared by a licensed traffic engineer and submitted that demonstrated no substantial conflict exists in the peak hours of parking demand for the use for which the joint parking is proposed. 2. 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. 3. The proposed use, as conditioned, will not have a negative effect on surrounding properties, or impact traffic on the ability of parking in that sufficient parking would be available on-site. 4. An existing recorded reciprocal covenant allows for reciprocal access and parking between the properties within the Tustin Courtyard retail commercial center. Ed e V. Huffer Assoc ate Planner Attachments: A. Location Map B. Site Plan C. Parking Utilization Analysis D. ZA Action 08-004 S:\Cdd\ZAREPORT120081CUP08-003 (Parking Reduction).doc r ATTACHMENT A LOCATION MAP F` Location Map CUP 08-003 IR ") 61 -~ ' ___ _ _ _ ~ 1 ;;'~; ' ! ,:u~: Aku - . __-- ~ ~ ,. _~~,~ -' 1 i `~~ / ; ' ~ f, ~ ~~ n ~ ~,~ p i ~! l ,~ ~`c~ ~, f 300' ,~ ~ ; Pay: '~ ~ '`~ ~~ ~ ,. a~~ctk~ U.~.k E ,~ , • ~,~, ; ~ ,~ ~, ~~ ,~ ,F ~, ~~ ~ r ~.k~~~e i td '~ ~ ~~ sciaoox~a,w.~.c~,m.NEr - ~l ~~~~ ~ 44Dft 14945 HOLT AVENUE / / ,~~ 4~~- u ,. ~~ ' ~' _ ~~_ ~ ~~` ti' _ ~~: ~ ~ ~ -- y~` , _ ;~,,, . ,~~ `^ ~f ! ~~~;~ - -_,r.,,-~,.~, w~ 3. ~ . -- ATTACHMENT B SITE PLAN ~jFif ~~ v ~~ ~t s~ ~ +V ~°q~' cd ~.~€E ~ in ,f _ ~ I'il ~ ~~~ ~~u ~(~{ ~ i r./~~ ~~ ~ I~ I ~ ~ I I I Y ~< dliv 1 I < ~!~~i ~~l , ~ ~ z Z` tau ~ err 33 3 3F yo r !s 3~ Ye 6 ~~ 3 ~~ 3 ~~ ~ ~~ ~ ~}I~ ~ ~ . ~ ~ ~ 1 i~ a ~ i~ ~ lip 6 rig 6 ~ i ~~ ~~~ ~ ~.~ ~~'~' ii' " ~_ ~~ ti~ ~ °~~ ~ ~~~t~ ~@ ~ ~ ~ i39s~i t~~Ej ~if~ji~~~3~~i~ h €~ ~ {, ~ ~ 1 ~ ~~~ ~ 6 00000000 0 00 o (a ~/. ~~ III IIIII~II Y ~ ~" Y ° U 1 ..f ~~e ~ ~ i~ ~,~ ~ ~ in 5~.~ "d ~ `~ ~~I~,I(~~ Ali ~ ~~ z ~;,~9, t ,.. _,,. ~~~ el~!ili!!'!i l~ Z~s ~ ill' < i ~ ~ ~. ;~ ~~~;'~ :Ilillilllllii(il~,~~~~ ~ N!}~~ ~f r m ~~ --,-- _. O ~ ---- ~--- ~ ~ I O ____.___ o ~~ ^ ~ ~ ,~ ~~ ~~ r .a\\\\\~~{ ~ ;La i o ~ ~ 7 ~ ~ r i I '_- i ~ i i i i ~ ~ ~ _ I 'n ~ I I ~ -- -- ! ~~ ~ ~ Q-- - - --~._ O ' ~< - -'_ .--- ----_- t ~ b ~`a ---- __ _.____. I I ` `~ ~' ~_ 4. ~~ -Fo ~ o ------ --- --, ~_,o ~ Q~ ~ ~~~~r~~i~~~f~ ~~s~41~ ~~l~ '~~~ r~I:E~t ~~ ~ ~l~~ !!~~l~i 1~~~ i ~~i~ }1 , ~~ 9f r a ~~ is~b ei~ 9 ft f p # .~ ~ l l~;~i l~ ~~ l ~ d i ~ rp~(t1}'~' 4~~ ~}~ ~ tS !! !f ` l~~~~ i ~ ~ ~ Y ~~ ! ' S ~~~ r~t ~~~d~~~~s ~ ~~~i -"4~a~~ !~ ~##e 4j4~ ttrl~ !je i ClEti~ ~ ~ ! - ~p kk[ ~~!4 l {~ ~i !ll ~ l ° ~'1 ~ ~ ~ ~il t F taF{)lt ~! tt i ~ ~~!'P~ t ~: `i r '4 ~ ° !' s ~ + p 4i'~~~~~~e~ ;+ ~_~ ~~ ~9~~I~a~l~ ~i p~~i ~~ ;e9~~~ idjf ~`!f ~~~1~i ~~Q~9 ~~;~ ~ 0~ 44 pp ~~l1~~~~~ r~t~- i~~~~ ,4~,~~p~ 4! 4y ~~~9r 99 i` t ((( t gD~e~~p'p~~~t~~ }}s~~e~ !9~[~~~6e~ r~49~ ~~ 1j!i~ ' +~+ ~ ~s ~ti~ ~ ~ ~°a~ i ~ ~.~t[ i ~~ \~~~ ~~;~~~ ~~\; ~ ~\ ~~ ~~~~" ~ ~E ~ j ~ ~ a ~I' M ~j ,,~~ I~ I~I~~IiII ~ ~~ l U i ~~~~ :iiiiiiiiiii~ii~~~~~~~z ~ ~,I~II ®~ ~ ~~ ~ tt i -_ -- -_- _ 00 --- - - e t ! ~ p ~ ~ a ~il~~~~~g4~ 0 0000000 E /p t, ,~ f; i`~! 6t ~i fet tC ~f ;~~~ qtr a~~j,~ t t~ ~ ~ ,~~ ~~, ~~ ;~ ~~~~ i~~~ A '~ ~~ ~~~~ ~~~~ ~. ~ ~~~ ~~~, ~~ !~ a~4~ ,K~~s ~~~ s~ ~~I~~~ ytt~ ~{ RiStett~~ 1~ a fFd~~r f i f t~Y ~~Q t~~~G~~ ~~~ ~ a ~~~~ ~~ ~,~ ~~~ ~~~~~st ATTACHMENT C PARKING UTILIZATION ANALYSIS /,,..Pirzadeh 30 Executive Park (949, 86,-,~87 ,. ~ s , n c i ~ r t: a, i ~ c. Suite 270 /. (949, 851-5179 Irvine, CA 92814-4728 www.Wrzedeh.cpn February 27, 2008 Mr. Terry Lutz Principal Engineer City of Tustin 300 Centennial Way Tustin, CA 92680 Subject: Parking Utilization Analysis. Tustin Courtyard, Tustin, California Dear Mr. Lutz: On behalf of our client Greg James, KID Architects we are pleased to submit this parking utilization analysis to determine the actual number of arkin exssting and Proposed uses within Tustin Courtyard. P g spaces needed for the Tustin Courtyard is located in the City of Tustin and is bounded by Irvine Boulevard to the north, Holt Avenue and Newport Avenue to the east, East 1st Street to the sou existing commercial development to the west. The retail center co ~ and an feet of occupiable space and all boil Waists of 158,367 square feet are occupied (see Table 1). S ~ except for Unit E1 that contains 24,828 square 24,828 a grouts Farmers Market is proposing to occupy the vacant 1). guars foot building (Unit El) located between CV9 and Mervyn's (see Attachment l'r,gi~,i Ilnun_rni~'nl lrun y~urn+tinn I'l~uudu~ R firpu„~rrn_ /,on-nuiu-nt l.nu.+~~n Mr. Terry Lutz Page 2 February 27, 2008 Based on the current City of Tustin parking requirements, 834 parking spaces are required for Tustin Courtyard. However, background information provided by the City shows that when Use Permit 76-14 was approved all of the uses within the center, including restaurants, were considered retail uses and parked at one rate. Using this information it was determined that the center needs 709 parking spaces, which equated to approximately one parking space per 222.7 square feet of retail use. Since the center was constructed in accordance with the original approval, Tustin Courtyard retains legal non-conforming parking rights except for additional square footage as described below. In 1994 an application for a conditional use permit was submitted to amend Use Permit 76-14 for exterior and structural modifications that included an additional 1,934 square feet in building area. The additional building square footage was parked at the City's current rate that required one parking space for each 200 square feet of retail space, which equated to 10 additional parking spaces. This increased the required parking for the center to 719 parking spaces. One of the Conditions of Approval contained in Conditional Use Permit 94- 004, Condition 3.1, required that the center maintain a minimum of 719 parking spaces. Since Sprouts Farmers Market is proposed to be located within an existing vacant building and that no new square footage is being proposed, the minimum amount of parking required for Tustin Courtyard remains 719 parking spaces. A parking count was conducted to determine the amount of parking spaces currently available in Tustin Courtyard. A total of six parking zones were established, as shown in Attachment 2, and a total of 716 parking spa,ees were counted, including 19 handicapped parking spaces. The number of parking spaces is three less than the parking that is required for the center. It should be noted that Bank of the West, at the southeast corner of the site, is currently undergoing renovation and is occupying 15 of the parking spaces in zone 6 with a temporary trailer that is serving as a fully functional bank. Since the 15 parking spaces in zone 6 will be opened up again for use after the bank renovation has been completed, those parking spaces were included in the total amount of parking: spaces available at the site... The proposed Sprouts Farmers Market includes adding a truck dock behind the store that will eliminate 14 parking spaces. This improvement reduces the available parking supply at Tustin Courtyard from the existing 716 packing spaces to 702 parking spaces (see Attachment 3). ' In order to determine the impact the elimination of 14 parking spaces will have on Tustin Courtyard to accommodate the truck dock, a parking accumulation study was conducted. Two parking surveys were performed at Tustin Courtyard on Saturday January 12, 2008 and on Wednesday January 16, 2008 between the hours of 11:00 AM to 8:00 PM. The surveys showed that the peak parking demand time interval was between 1:00 PM and 1:30 PM with a total of 211 parked cars observed on Saturday and 218 parked cars observed on Wednesday. A copy of the survey .data is included in Appendix A. The data demonstrates that Tustin Courtyard is only utilizing approximately 30 percent of the 716 total parking spaces. However, the numbers do not account for Unit E1 being vacant. Mr. Terry Lutz Page 3 February 27, 2008 To determine the expected parking demand for Sprouts Farmers Market it was necessary to perform a parking survey at a representative site. An existing Sprouts Farmers Market located within the Weatpark Plaza in the City of Irvine was selected as the study site to conduct the parking accumulation survey. The selection for the representative site and methodology to conduct the survey was reviewed and accepted by City of Tustin staff on January 8, 2008. The Weatpark Plaza Sprouts Farmers Market is very similar in size (24,136 square feet) to the proposed Tustin Courtyard store (24,828 square feet) and both are set in retail centers adjacent to residential settings. Two parking surveys were performed at the existing Sprouts Farmers Market in the City of Irvine on Saturday January 12, 2008 and on Wednesday January 16, 2008 between the hours of 11:00 AM and 8:00 PM. A copy of the survey data is included in Appendix A. In order to accurately capture the Parking demand at the existing Sprouts Farmers Market, two parking zones were identified, as shown on Attachment 4. Since there are other uses adjacent to Sprouts Farmers Market the parking surveys only included cans that parked in the Zones and had their destination as Sprouts Farmers Market. Packers that had destinations other than the market were not included in the accumulation totals. The highest parking demand time interval observed is between 12:00 PM and 12:30 PM on both days with a total of 90 parked cars on Saturday and 99 parked cars on Wednesday. Using the information derived from the parking surveys the parking demand for Tustin Courtyard is not expected to exceed the parking supply, see Attachment 5 and Attachment ~-- 6. Although the peak parking demand periods observed for the two sites differ, they were added to develop a worst case scenario of the parking that can be expected during peak periods at Tustin Courtyard, Based on the parking surveys, the worst case scenario was determined by adding the peak parking demand for Tustin Courtyard that was observed on Wednesday between the hours of 1:00 PM and 1:30 PM (218 parked cars) and the existing Sprouts Farmers Market that was observed on Wednesday between the hours of 12:00 PM and 12:30 PM (99 parked cars) at the Westpark Plaza in the Citq of Irvine for a cumulative total of 317 parked cars, It can be concluded that based on the parking surveys that were conducted the uses within Tustin Courtyard are projected to experience a peak parking demand of 317 parking spaces that includes the proposed Sprouts Farmers Market. Thus projected parking demand shows that there is a surplus of 385 parking spaces and that the elimination of the 14 parking spaces for construction of the truck dock will not have an impact on the parking supply based on the current mix of uses. Mr. Terry Lutz Page 4 February 27, 2008 Please call me if you have any questions regarding the above analysis, or need additional information. aS1nC@rely, Q QApFE88/0 ~4``~~a~ eter K. Pirzadeh, P.E. Q Principal * ~. ..... Attachments c: Greg James, KID Architects f PAI 13801(1~'ltiutinCuurtpard-OZ272008-TLuta-ParkingAocumulationAn~ly~i+-FiaalSubmittal-itr.pyh.dot oo~ f~1 a ~'~~~ e~j 8 ~T 7~ j------ F- Z ~i~/ ~ ;z' ~_~ V nr • 1 a a o ~j ~ ~ pasnejnog a~I ,mss ~t ~ ____. t~ H O N Z W W W rl (~ ~ ~ ~ ~ r-~ Gil M eN ~D tD O~ ~ p~ N L3 N m O ~ ~~ ,~ .. i .fi Nv f • ;/} r. ~ ~. N ~~ ~ a ~~ U ~ a ("~ .Z 2 W )~ ,O ig ~~ ~_ ~i~/ ~_` N~ f ~ f a m M m ~ ~ °i a ~ ~~ ~ ~ ~ ~ Uq .~4 A A Q 't "l F .. N~ ~. a a q ,~ ~ a ~ ~ a ~ a an~,~p ~>,yn~ a U ~~ ^ a t~ av vb ~~ ~ .gam A a ~ ~ Cep O ~ ~ eN e~ C~ 7 M ~n g~'~d a a S a S 4 a M O O p ~ O .-i ~ ~ ~ O .~ as ~ '~ a~ a~ ~ ~~ ~b~D ad a b a '~ Uqq ~' ~3 a~ ^® a S ~o a S ti a S ~o a a 8 ~ M a s a S a S ~$~~~$~~MS~~~$~ ~n ~t~a APPENDIX A Parking Survey Count Data •r N f.. a c ~j T UZJ T ~~ rQ $~ S~ M T F ~. ~ a~~ y. ",~;' ~ a ~ ~ °c~i °a~i ~ a~ ti ~ uNi u~ ~C ~ ~v cra (j`~yy{! j~''~~~j ~ ~ ~ c~ii ~ ~ f'[Fy ~ P' 7° !~ T N 'I~ r f~ T T ' r' '1~ T T T'~ ~ T `, .,: ~~.. may. ~ '~ r- T- o 0 0 0 0 0 0 0 0 0 0 0 0 o a o 0 ` , _; ~,'r; o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o a Y`~ M ' t ~ ~- N N M M M N N r N N r r N M M N N r ~ ~ 'T ' ~~yy tq ~~pp ~A c~++~r~ tti t~ et Of cn M p N N ~~pp M 'Td' tty ~ ~Ny tf'S ~~yy CO thti e~ to q~ d' o ~ g d O r N *~ r r 0 0 0 0 0 0 0 0 0 0 0 0 0 ~~pp N O N r M M N N iV Ct1 N tp r if0 r ~ M T ~ i7 T M T +- r M r N r 4~ T h- r td r r- J o o •- •- o o •- *- •- ~-- T .- 0 0 0 0 0 0 S 0 0 o a o 0 0 0 0 0 0 0 0 0 o a o 0 0 ~ ~ tTD ~ t0 to ~t3 tnt'~ t0 tN ~ et ~ th N N !V OD Qs 'r N ~" p O r N N T *' r ~- N ~- ~- ~" r T 0 ~ ~qp~ C+l co.~ 'd' M os c7 dr' t~pp V' pp to t~pp mot' pp d' d c+~ ~ pp Cr! cNV t7 ~p ~ O ~ N ~ cNV N N 0 0 0 •- 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 .- •- o r- 0 0 0 0 0 0 0 0 0 0 0 0 i LO I~ N T .1~ r N ~V O N ~ tC! T N T~ st T tp T N T O •- T et T O T LG of M T . y. ~ y p ~ ~ 4 _ r f?. frt. d: + , ~S~ Z i ~~ r A ~ ~ ~, F r 4 . ` 3 :~ T N Z N 3r a~ ~F m M M ~~c~rn~N~~~~~~~~~~~~~~ r r r ,: ; r~ r! o O o a o a 0 0 0 a~= ~? ^~ ° o 0 0 0 0 0 0 0 0 ~, a . x~ ;; .: °r# 0 0 0 0 0 0 0 0 0 0 0 0 •a' - N r O r N N eY M r N N M et M M M ~Y st M tt) Crp tp pM, ~ tD to tfi ~i• ~ ~ d' ('+ cp h~ ap h b' I~ ~.. tp ppyy t0 t~ to O O O O O O O O O G O 0 0 O ' O O O O O t`' ~~ .Y L a C .~ N t10IbI~I~IC_yI~IMIOIOIMIO~~ITIT1^1r1r10~0 °I°Irl°I°I°Irirl°I°I°I~irlpiplplplolo O~O~rIO~O~O~O~O~r~OIr'O~O'OIO~O~O~O~O ~~~I~f~~~I~I~I~I~~~I~I~I~IM~~IN~~~~~~ CV ( r I 0 I r~ r I r' r I N I N I r I N' r' r I r' ~` ' r~ r'~ N' r 'I°I"I'I•I'I °I•I~IPoIAI~I~IRIRI~I~I~I~ °I°I°I°I°Irlrl°I°Irlplpl~lpldlplplpl0 m r Q ~~ n 8 ~ y r 5 r C O LL' /]~/ 1'~ w` ' `~ .i~ iY ~ ' OIOIrIOIOIOIOIOIOIOIOIOIrI0I0I0I0I0I0 rIrININ'NINININI~~rlrlr`~'"~rI~I~~~I~Id' ~_ i. a a ~C L a *+ H di ~~ 8 d a a f+ _C L a i~ a .~C L f+ a 3 8 a ~~ $~ S~ ~d ~ e .~ ~~- a.~ ATTACHMENT D ZONING ADMINISTRATOR ACTION 08-004 ZONING ADMINISTRATOR ACTION 08-004 CONDITIONAL USE PERMIT 08-003 14945 HOLT AVENUE The Zoning Administrator of the City of Tustin does hereby resolve as follows: The Zoning Administrator finds and determines as follows: A. A proper application was filed by Jon Andresen, of KKE/HFTA Architects, requesting authorization fora reduction of off-street parking requirements and joint-use parking for a retail commercial center located at 14945 Holt Avenue, also known as the Tustin Courtyard. B. The site is designated as Planned Community Commercial/Business by the City General Plan .and is zoned First Street Specific Plan (SP10) which provides fora .retail commercial use. The project is consistent with the Air Quality Sub-element of the City of Tustin General Plan. C. The site is improved with a 24,828 major tenant space building, which is part of a 156,367 square-foot retail commercial center known as the Tustin Courtyard. D. Pursuant to the Tustin City Code Section 9271 aa, Zoning Administrator approval is required for a reduction of off-street parking requirements and joint-use parking. E. That a public hearing was duly called, noticed, and held for Conditional Use Permit 08-003 on March 3, 2008, by the Zoning Administrator. F. 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. A parking study in accordance with Tustin City Code Section 9271 as was prepared by a licensed traffic engineer and submitted that demonstrated no substantial conflict exists in the peak hours of parking demand for the use for which the joint parking is proposed. Zoning Administrator Action 08-004 CUP 08-003 Page 2 2. 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. 3. The proposed use, as conditioned, will not have a negative effect on surrounding properties, or impact traffic or the ability of parking in that sufficient parking would be available either on-site. 4. An existing recorded reciprocal covenant allows for reciprocal access and parking between the properties within the Tustin Courtyard retail commercial center. G. This project is Categorically Exempt pursuant to Section 15301 (Class 1) of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Zoning Administrator hereby approves Conditional Use Permit 08-003 authorizing a reduction in required parking and joint use parking at a retail center located at 14945 Holt Avenue 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 on the 3rd day of March, 2008. DANA OGDON ACTING ZONING ADMINISTRATOR ELOISE HARRIS RECORDING SECRETARY Zoning Administrator Action 08-004 CUP 08-003 Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE } CITY OF TUSTIN ) I, Eloise Hams, the undersigned, hereby certify that I am the Zoning Administrator Secretary of the City of Tustin, California; that Zoning Administrator Action 08-004 was duly passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 3rd day of March, 2008. ELOISE HARRIS RECORDING SECRETARY EXHIBIT A ZONING ADMINISTRATOR ACTION 08-004 CONDITIONAL USE PERMIT 08-003 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped March 3, 2008, 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 modifications to plans during plan check 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 Approval of Conditional Use Permit 08-003 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) 1.4 As a condition of approval of Conditional Use Permit 07-018, the applicant shall agree, at is sole costs 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) 1.5 Conditional Use Permit 08-003 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. The Community Development Director shall review the use to ascertain SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODES (7) PC/CC POLICY (4j DESIGN REVIEW *** EXCEPTION Conditions of Approval Exhibit A CUP 08-003 Page 2 compliance with conditions of approval. If the use is not operated in accordance with Conditional Use Permit 08-003, or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the Community Development Director shall impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the Conditional Use Permit. USE RESTRICTIONS (***) 2.1 A total of 702 parking spaces shall be maintained at all times. Any reduction of on-site parking shall be reviewed and approved by the Community Development Director. (1) 2.2 An existing recorded reciprocal covenant that allows for reciprocal access and parking between the properties within the Tustin Courtyard retail commercial center shall remain in full force. (1) 2.3 If in the future the City determines that a parking problem exists on the site or in the vicinity as a result of the proposed project, the Community Development Director may require the applicant to prepare a parking demand analysis and bear all associated costs. If the study indicates that there is inadequate parking, the applicant shall be required to provide immediate interim and permanent mitigation measures to be reviewed and approved by the Community Development Department and the Public Works Department. BUILDING DIVISION 1) 3.1 Parking for disabled persons shall be provided with an additional five (5) foot loading area with striping and ramp. Disabled persons shall be able to~ park and access the building without passing behind another car. At least one (1) accessible space shall be van accessible served by a minimum 96-inch wide loading area. ORANGE COUNTY FIRE DEPARTMENT (5) 4.1 Prior to issuance of any permits, the applicant shall obtain approval of the Fire Chief for all fire protection access roads to within 150 feet of all portions of the exterior of every structure on site. The plans shall indicate the locations of red curbs and signage and include a detail of the proposed signage including the height, stroke and colors of the lettering and its contrasting background. The applicant may contact the OCFA at (714) 573-6100 or visit the OCFA website to obtain a copy of the "Guidelines for Emergency Access." Conditions of Approval Exhibit A CUP 08-003 Page 3 FEES (1) 5.1 Prior to issuance of any permits, payment shall be made for all applicable fees including but not limited to the following: a. Building and Planning plan check and permit fees. b. Orange County Fire Authority fees. (1,5) 5.2 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 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.