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HomeMy WebLinkAboutZA Action 08-007ZONING ADMINISTRATOR ACTION 08-007 MINOR ADJUSTMENT 08-003 PARKING ADJUSTMENT The Zoning Administrator of the City of Tustin does hereby resolve as follows: The Zoning Administrator finds and determines as follows: A. That Dr. Prakash Joshi, submitted a proper application for Minor Adjustment 08-003 to allow for a reduction of ten (10) parking spaces (ten percent) for property located at 14751 Plaza Drive. The property is developed with two office complexes at Tustin Plaza within the Tustin Plaza Specific Plan (Specific Plan Area #4); B. That pursuant to Section 9299 of the Tustin City Code, minor adjustments for a reduction in the number of required parking spaces for nonresidential land uses up to a maximum of ten percent (10%) are permitted when such requests constitute a reasonable use of property not . permissible under a strict interpretation of the regulations; C. 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. The property is unique in that the site has already been developed with a limited parking lot configuration and non-conforming accessible improvements. The property is shaped in a narrow configuration and due to the site constraints, the strict interpretation of the Zoning Ordinance would create an unnecessary hardship on the property owners that is not applied to other property owners within the vicinity. Granting of the minor adjustment would not conflict with the, General Plan as the proposal would not alter the existing use on-site and complies with the City's Zoning Code which permits minor adjustments under unique circumstances. 2. Approval of the proposed Minor Adjustment 08-003 would not be granting a special privilege in that the subject property is an existing site developed with a limited parking lot configuration that is not typical of other properties in the vicinity. Properties with similar site characteristic and circumstances may also be considered for a minor adjustment on a case-by-case basis. Zoning Administrator Action 08-007 MA 08-003 Page 2 3. The minor adjustment would not alter the intent of the of the City's parking regulations as the applicant is only requesting a minor adjustment to satisfy disabled accessibility parking requirements and to allow for a reduction of spaces to reflect existing on-site conditions. The minor adjustment does not pertain to a request for parking reduction in association with a proposal to expand the existing square footage of the building or to intensify the use on the property. 4. A reduction of ten percent of the site's parking allowance is within the allowable parking reduction prescribed by the Zoning Ordinance and insignificant to be detrimental to the public health, safety, or general welfare or to be materially injurious to properties located in the general vicinity. Furthermore, allowing a reduction of parking spaces on-site to accommodate accessibility improvements would further the goals and objectives by the City's codes and regulations by protecting public health, safety, and general welfare. D. This project involves modification of an existing facility and is subject to CEQA pursuant to Section 15301 (Class 1) of the Califomia Code of Regulations (Guidelines for the Califomia Environmental Quality Act). II. The Zoning Administrator hereby approves Minor Adjustment 08-003 to allow for a reduction of ten (10) parking space (ten percent) of the required number of on-site parking spaces to accommodate accessibility improvements for property located at 14751 Plaza Drive, 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 June 23, 2008. l ~tiv~ ELOISE RIS RECORDING SECRETARY DANA OGDON ZONING ADMINI RATOR Zoning Administrator Action 08-007 MA 08-003 Page 3 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 08-007 as duly passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 23rd day of June, 2008. key ELOI ARRIS RECORDING SECRETARY EXHIBIT A ZONING ADMINISTRATOR ACTION 08-007 MINOR ADJUSTMENT 08-003 CONDITIONS OF APPROVAL 1. The proposed project shall substantially conform with the submitted plans for the project date stamped June 23, 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 plans during plan check if such modifications are consistent with provisions of the Tustin City Code or other applicable regulations. ~, 2. Unless otherwise specifed, 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. 3. Approval of Minor Adjustment 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. 4. The applicant shall stripe and provide four (4) 9 feet by 20 feet accessible stall with a minimum 5-foot wide loading area and a minimum 8-foot wide loading area for a van accessible stall. The striping of the accessible stalls shall be completed for an inspection and approval by the Planning and Building Division prior to the issuance of an occupancy permit. 5. All required disabled accessible parking spaces shall comply with California Accessibility Chapter 11 State Code and the City's parking regulations. 6. If in the future the City determines that a parking, traffic, or noise problem exists on the site or in the vicinity, the applicant shall provide mitigation measures which may include a. Providing additional stalls off-site within 300-feet of the property b. Re-striping of on-site parking spaces. c. Preparation of a parking demand analysis, traffic study, or noise analysis and the applicant shall bear all associated costs. 7. The applicant shall submit Building plan check and permit fees to the Community Development Department based on the most current schedule. 8. As a condition of approval of Minor Adjustment, the applicant shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, Exhibit A Conditions of Approval MA 08-003 Page 2 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. 9. 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.