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HomeMy WebLinkAboutMA 08-003(rater-Com .;ATE: JUNE 23, 2008 TO: ZONING ADMINISTRATOR FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: MINOR ADJUSTMENT 08-003 APPLICANT: DR. PRAKASH JOSHI 14751 PLAZA DRIVE TUSTIN, CA 92780 PROPERTY OWNER: DR. PRAKASH JOSHI/ WELLINGTON PINES ASSOCIATION LOCATION: 14751 PLAZA DRIVE GENERAL PLAN: PROFESSIONAL OFFICE ZONING: PROFESSIONAL (PR) TUSTIN PLAZA SPECIFIC PLAN `'~ ENVIRONMENTAL STATUS: THIS PROJECT INVOLVES MODIFICATION OF AN EXISTING FACILITY AND IS SUBJECT TO CEQA PURSUANT TO SECTION 15301 (CLASS 1) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. REQUEST: THE APPLICANT IS REQUESTING TO ESTABLISH A 1,620 SQUARE FOOT DENTAL OFFICE AT 14751 PLAZA DRIVE, SUITE G AND A MINOR ADJUSTMENT TO REDUCE THE TOTAL NUMBER OF PARKING REQUIRED ON-SITE BY TEN (10) PARKING SPACES TO COMPLY WITH TITLE 24 CALIFORNIA BUILDING CODE STATE ACCESSIBILITY REQUIREMENTS AND ADDRESS ON-SITE CONDITIONS. RECOMMENDATION That the Zoning Administrator adopts Zoning Administrator Action 08-007 approving Minor Adjustment 08-003. PROJECT LOCATION/BACKGROUND The project site is zoned Professional Office and is located within the Tustin Plaza Specific Plan Area #4. The General Plan designation for the site is Professional Office. The property is 30,492 square feet or .70 acres developed with two condominium office Zoning Administrator June 23, 2008 MA 08-003 Page 2 buildings totaling 30,762 square feet. The Tustin Plaza specific plan area allows support commercial uses and general offices including medical and dental offices. According to City business license records, currently the condominium units are occupied by professional offices and do not include any medical or dental offices uses. The site originally had a total of 102 parking spaces, including three (3) substandard accessible spaces with no loading area. The total number of required parking spaces for the entire project site is 102 spaces based on a parking ratio of one (1) parking space per every 300 square feet of gross floor area. However, since then, the site was modified without City approval and currently has a total of 96 parking spaces, which are six (6) parking spaces deficient. PROJECT DESCRIPTION The applicant is requesting a minor adjustment to reduce the total number of required parking spaces on the property to accommodate required accessibility improvements for the dental office, future improvements, and also to address the parking deficiency. Title 24 CBC Accessibility Requirements requires one (1) accessible parking space for every 25 parking stalls. The code also requires at least one (1) van accessible parking be provided for every eight (8) accessible spaces. Therefore, the site will be required to provide a total four (4) 9 feet by 20 feet accessible spaces with loading areas one (1) of which must be a van accessible parking space. In anticipation of accessibility '°`~ upgrades required in the future for tenant improvement or occupancy changes and to address the site's parking deficiency, the applicant is requesting a minor adjustment for the reduction of up to ten (10) required on-site parking spaces. The parking reduction would result in a total of 92 parking spaces provided on-site. ANALYSIS Section 9299 of the Tustin City Code (TCC) allows the Zoning Administrator to approve, conditionally approve, or deny minor adjustments for a decrease in the number of required parking spaces for nonresidential land uses up to a maximum of ten percent (10%) when such requests constitute a reasonable use of property not permissible under a strict interpretation of the regulations. The site requires 102 parking spaces. A ten percent (10%) reduction of on-site parking would be ten (10) parking spaces and would result in a total of 92 parking spaces provided. The minor adjustment would not exceed the maximum ten percent (10%) allowance. Due to the limitations of the site's existing parking lot configuration and a narrow shaped property, it is difficult to provide additional on-site spaces to comply with current accessibility requirements and the City's on-site parking requirement for office uses. A condition of approval has been included to ensure that all four (4) required accessible stalls with loading areas be striped prior to the issuance for a certificate of occupancy Zoning Administrator June 23, 2008 MA 08-003 Page 3 for the dental office. The stalls must comply with all State and City requirements and/or final inspections. FINDINGS Section 9299c(3)(a) of the Tustin City Code (TCC) requires the City to make five (5) positive findings to approve a minor adjustment to reduce the required amount of parking. In determining whether to approve the Minor Adjustment for the proposed reduction of ten (1) parking spaces (ten percent of the required spaces,) the Zoning Administrator must determine the following findings: 1) The proposed use is consistent with the General Plan and constitutes a special circumstance unique to the land where the strict literal interpretation of the zoning code deprives the property of privileges enjoyed by other properties in the area. 2) The proposed Minor Adjustment would not be a granting of special privilege inconsistent with limitations placed on other properties in the vicinity. 3) The intent of the parking regulation is preserved. 4) The parking provided will be sufficient to serve the use intended and potential future uses of the same site. 5) 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 approval of this Minor Adjustment may be supported by the following findings: 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 F 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 June 23, 2008 MA 08-003 Page 4 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 accommodate existing 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 (10) parking spaces (ten percent) of the site's parking allowance is within the allowable parking reduction prescribed by the Zoning Ordinance and too 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 of the City's codes and regulations by protecting public health, safety, and general welfare. Staff recommends that the Zoning Administrator adopt Zoning Administrator Action No. 08-007 approving Minor Adjustment 08-003, allowing for a reduction of ten (10) parking spaces (ten percent) of the required on-site parking spaces for property located at 14751 Plaza Drive within the Tustin Plaza Specific Plan and the Professional (PR) Zoning District. A i e Tieu Associate Planner Attachments: A. Location Map B. Submitted Plans C. Zoning Administrator Action No. 08-007 ATTACHMENT A LOCATION MAP LOCATION MAP MINOR ADJUSTMENT MA 08-003 14751 PLAZA DRIVE t. ~ __.~~.~~. ~ ..~_. :.r .- ~ ~~ 1~ET~'2 ~ r l.Ed~st_SlflY_ ~ ~ ~ ~ td7t~ l ~~ ~ 1$18' i'`L.~:'.=. _ _ -idT22 ~ ~ ~~ __ 4 ~ tdTd~ 1dT41 ~~ ~ ~ - tA1fF.~.'? E f C E s ~a~ ,~T~~ PROJECT ~''' `, ~~° tdT42 ~ '~, ~ ``~, .~ .~ .~ „~, ~, ~~~~ _ a ~, ~ 1d`TT, SI ~ ~ ~,,~ r ~ I `'~-~; J~~' 9dTT2 ~:3;~.~> i i ~ ~ ~~~~. ~,~~~ td?'81 ~' t #TT2 ~ t ;,ice-.-~_ '7 ' ... I i ~ ' r~ j~~i ' v ~ ~YIaE7~ ~.7 ~~!i ~ `Y '~f ~ ~ fSa/J~ 'J ~ ~ _ _~ ~~ ~ ? 1Q31 ~ ~ + 1Q~2 ', ` , var ~ _ ~ , ~~ `. r~ ~ ~ ~ ~~ ~ ~ ;' rd .x ~'~ ~ ,~ ,~ ,; f 1 ,• .~ ...- y,, t ~ .~ ~ o ^~ ~ i_~ ~ ~~~,~ ` PAClGERS 10Cfd HE14HT3 ., ~~: ~' 1~;, ~4~1.1Af2E ~` 4 1 is , .,li ~ i' -~'f~ ~~ .xr-R~~:3~ ~ ~ ~ J/ J ~ Y r '~~-'~ ~`~~ ~ ~ ,` ';~~.~~ ~ ~ 14751 PLAZA DRIVE f~ ~ ~,; s'`~~; `, ~' .~,-~ ~ ~~. ,~ ~ ~ APN 401-282-17 ~ ~~ ~ `~ * .r ~~ '~ .e 1 -'*:~ ATTACHMENT B SUBMITTED PLANS 08926 ~v'~ ~tI.LStI.I. `~ARIa rZd'Id ILLbt «S~I~IId I~IO,LO~II'I'I~M~ ~H.L ~I~IIMOHS H~.L~IS N M r 0 J ~ c a ~ ~Z ~w~ . • a ~~=H .~0~~8 ~ ~ ~ V y A o 0o E°, `~ .. o q ~ a~ 3 b ~ y ~~~800 a. °- ... ~ a ~ ~ d~ $. c. M ~ d ~1~pg1~ V •~ ~ •Q C{ ~ .~ ,~ ~L 'C o~~$® ~ ae +. ~ ~. d ~ ~ 8Q~ a °~~ ,. ~ ~ ~ V Z ~•~ y ~ ~.a u u u ~ a,uQ a a8'~~a D v ~~' '•..a ',.° 0 'a ~ ~ 6 3 ~ a ~ ~ .~ ~. as L Vi ~ ~ ~ C 8 C ~~~~. 9~~ ~° .._ ~ w a u ~ ~~ N ~~>.~ o a.~ c ~,=°~ u ~ y .a ~~aE. d B $, - „ ~, N .8 ~ V .q ~ u a ~ u ys, ao a~ ~~o ag U°~~~ m = s3~ a a a 0 v .? .9 4Y q , 8 a ~~ a~ ®~ U ~~ . ~ s ._. - --- °~~o ~ 3 u - ~° a ~~' _._ rVj ~ L a _ ~ _, 3 V __- S~O _ ~ d ~b _ ~ ~~a (~ y ~ 3' W z~ ~ Z j a ° ', o~ E d .~ ~ ~ ~' Z ~ ~ O Y `~ "a : ' ~~ ~ V Y 8 ~ iBoU ~' Z - ~~ ~~ t J - ~a~~ -1 3 ~O e ~`a M -- ~ aa3. - ~ i . ~ $° ,: '' ~ a . a ! a ~ - - ~ - ~„ N I~ d o e u ~ $ ~ ~ y eo «. •'~ a ~+ ~ ~ O oe _ 'L 8 ~ a ffi ~ ,~ ~. a ~ $ ~° Ll ] 0 ' 1~M r~ ~ '0 - ~ l i /.r i G ~' Y ~ ~ ~ I~r o, g ~ ~ ~ o . . g +. u ~j °e~ d .~ 9~ a~~ ~ - o ` ~ „ ~ 8 02 e 0 y a, ea e °, ." w a V ~ 8 ._ ~ ~ 6i ~ ~ 6i Q ~ u 4' ~~ 3v ~ 1 m ATTACHMENT C ~`~ ZONING ADMINISTRATOR ACTION NO. 08-007 ZONING ADMINISTRATOR ACTION 08-007 MINOR ADJUSTMENT 08-003 PARKING ADJUSTMENT The Zoning Administrator of the City of Tustin does hereby resolve as follows: I. 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 r vements in the nei hborhood of the subject rt and im o 9 ro e the P p Y P . 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 California Code of Regulations (Guidelines for the California 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. DANA OGDON ZONING ADMINISTRATOR ELOISE HARRIS RECORDING SECRETARY 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. ELOISE HARRIS 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 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. 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.