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HomeMy WebLinkAboutPC RES 4118RESOLUTION NO. 4118 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT 94-021 AUTHORIZING AN INCREASE IN THE MAXIMUM ALLOWABLE SQUARE FOOTAGE OF OFFICE SPACE FROM 115,500 SQUARE FEET TO 142,900 SQUARE FEET WITHIN THE EXISTING BUILDINGS AT THE TUSTIN BUSINESS CENTER LOCATED AT THE SOUTHERLY CORNER OF RED HILL AVENUE AND EDINGER AVENUE. The Planning Commission does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That a proper application, Amendment to Conditional Use Permit 94-021, was filed by Sapetto Group, Inc. on behalf of Scanlankemperbard Companies, requesting authorization to increase the maximum allowable square footage of office space from 115,500 square feet to 142,900 square feet within the existing buildings at the Tustin Business Center located at the southerly corner of Red Hill Avenue and Edinger Avenue. B. That the General Plan land use designation and zoning designation of Industrial allow for a variety of commercial and industrial uses, including offices. In addition, the project has been reviewed and determined to be consistent with the Air Quality Sub-element of the City of Tustin General Plan. C. That a public hearing was duly called, noticed, and held for Amendment to Conditional Use Permit 94-021 on June 9, 2009, by the Planning Commission. D. That the proposed increase in office square footage will not be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood, 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. Pursuant to Tustin City Code Section 9242(b), uses which maintain greater than fifty (50) percent of their gross floor area for office purposes are authorized subject to a conditional use permit in the Industrial (M) Zoning District. 2. The proposed increase in the maximum allowable square footage of office space is not anticipated to result in parking impacts because the required number of parking spaces would be provided, and the Traffic and Parking Study found that the existing parking spaces are not fully utilized. Resolution No. 4118 Page 2 3. The City's Traffic Engineering Division has reviewed the proposed project and has concluded that there will be no adverse traffic impacts, and there is sufficient street capacity to support the proposed increase in office square footage. 4. Office uses can support industrial uses, which are outright permitted at the Tustin Business Center. 5. The Tustin Business Center is surrounded by other commercial and industrial uses and is not adjacent to any residential or sensitive uses. 6. As conditioned, Conditional Use Permit 94-021 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. If the use is not operated in accordance with Conditional Use Permit 94-021 or is found to be a nuisance or negative impacts are affecting the surrounding uses, the Community Development Director may initiate enforcement proceedings or initiate proceedings to revoke the Conditional Use Permit. 7. The implementation/application of the proposed conditions would ensure compatibility of the increased office square footage with the surrounding uses and the Tustin City Code. 8. If in the future the City determines that a parking or traffic deficiency 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 or traffic study analysis and the applicant shall bear all associated costs. If said study indicates that there is inadequate parking, the applicant shall be required to provide mitigation measures to be reviewed and approved by the Community Development Department and/or Public Works Department. E. That an Initial Study was prepared to evaluate the potential environmental impacts associated with Amendment to Conditional Use Permit 94-021 that concluded there is no substantial evidence that the project may have a significant effect on the environment, and a Draft Negative Declaration (ND) was prepared. The Final ND was adopted by the Planning Commission on June 9, 2009. II. The Planning Commission hereby approves Amendment to Conditional Use Permit 94-021 authorizing an increase in the maximum allowable square footage of office space from 115,500 square feet to 142,900 square feet within the existing buildings at the Tustin Business Center located at the southerly corner of Red Hill Avenue and Edinger Avenue, subject to the conditions contained within Exhibit A attached hereto. Resolution No. 4118 Page 3 PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 9th day of June, 2009. ~~ CHARLES E. PUCKETT Chairperson ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4118 was -- duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 9th day of June, 2009. E ELIZABETH A. BINSACK Planning Commission Secretary EXHFBIT A RESOLUTION NO. 4118 AMENDMENT TO CONDITIONAL USE PERMIT 94-021 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the project as approved by the Planning Commission on June 9, 2009, which is 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 make minor modifications to the project if such modifications are consistent with provisions of the Tustin City Code. (1) 1.2 All conditions in this Exhibit shall be complied with, and/or a cash bond posted, prior to the approval of any new business license applications or tenant improvement plans for office uses utilizing the additional office square footage authorized by Amendment to Conditional Use Permit 94- 021, subject to review and approval by the Community Development Department. (1) 1.3 Approval of Amendment to Conditional Use Permit 94-021 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 Amendment to Conditional Use Permit 94-021, the applicant shall agree, at its sole cost 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 SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY (2) CEQA MITIGATION REQUIREMENTS (3) UNIFORM BUILDING CODE/S (6) LANDSCAPING GUIDELINES (4) DESIGN REVIEW (7) PC/CC POLICY *** EXCEPTIONS Exhibit A Resolution No. 4118 Page 2 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 Any violation of any of the conditions imposed is subject to issuance of an administrative citation pursuant to TCC 1162(a). (1) 1.6 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. (***) 1.7 Conditional Use Permit 94-021 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 compliance with conditions of approval. If the use is not operated in accordance with Conditional Use Permit 94-021, or is found to be a nuisance or negative impacts are affecting the surrounding uses, the Community Development Director may initiate enforcement proceedings or initiate proceedings to revoke the Conditional Use Permit. (***) 1.8 All conditions contained within Zoning Administrator Action 94-011 shall be superseded by the conditions contained in Planning Commission Resolution 4118. (1) 1.9 Prior to issuance of any Building Permit for additional office space, the applicant shall submit a written approval from the Orange County Sanitation District for the additional office use BUILDING PLAN SUBMITTAL (3) 2.1 At the time of building permit application, the plans shall comply with the latest State and the City Tustin adopted Codes: 2007 California Building Code (CBC), 2007 California Mechanical Code (CMC), 2007 California Plumbing Codes (CPC), 2007 California Electrical Code (CEC), California Title 24 Accessibility Regulations, 2005 Title 24 Energy Regulations, City Ordinances, and State and Federal laws and regulations 2005 Edition. (3) 2.2 Vehicle parking, primary entrance(s) to the site and building, the primary paths of travel, cashier space, sanitary facilities, drinking fountain, and public telephones shall be accessible to persons with disabilities and shall be shown on the plans. Truncated domes will be required at locations specified in section 113368.5 and 11276.5 (7) of the 2007 CBC. Exhibit A Resolution No. 4118 Page 3 (3) 2.3 The plans submitted shall indicate that restrooms are accessible to persons with disabilities as per State of California Accessibility Standards (Title 24). Plumbing fixture units are required to comply with the 2007 Califomia Plumbing Code Chapter 4, Table 4-1 as per type of group occupancy, or as approved by the Building Official. (3) 2.4 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. USE RESTRICTIONS (1) 3.1 Office uses permitted by Conditional Use Permit 94-021 shall include general offices, medical and dental offices, professional offices, administrative offices and other offices in conjunction with other permitted uses. (1) 3.2 The maximum amount of office square footage permitted for the entire center shall not exceed 142,900 square feet, provided there is adequate on- site parking. Office area may exceed 50 percent of the floor area for an individual tenant space. (1) 3.3 If in the future the City determines that a parking or traffic deficiency 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 or traffic study analysis and the applicant shall bear all associated costs. If said study indicates that there is inadequate parking the applicant shall be required to provide mitigation measures to be reviewed and approved by the Community Development Department and/or Public Works Department. ORANGE COUNTY FIRE AUTHORITY (5) 4.1 Prior to the issuance of any permits or approvals, the applicant shall submit plans and obtain approval from the Fire Chief for fire lanes on required fire access roads. 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 Roadways and Fire Lane Requirements." Exhibit A Resolution No. 4118 Page 4 (5) 4.2 Prior to the issuance of any certificate of occupancy or final approval, the fire lanes shall be installed in accordance with the approved fire master plan. The CC&Rs or other approved documents shall contain a fire lane map, provisions prohibiting parking in the fire lanes, and a method of enforcement. FEES (1) 5.1 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. (1) 5.2 Prior to issuance of any permits, the applicant shall pay all applicable Building and Planning plan check and permit fees to the Community Development Department.