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HomeMy WebLinkAboutPC RES 4122RESOLUTION NO. 4122 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN APPROVING CONDITIONAL USE PERMIT 09-009 TO ALLOW FOR A REDUCTION IN OFF-STREET PARKING REQUIREMENTS DUE TO SHARED PARKING AMONG BUSINESSES WITHIN THE EL CAMINO PLAZA SHOPPING CENTER AT 600-712 EL CAMINO REAL 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 (CUP) 09-009 was filed by Yoshinori Inada for a joint use parking analysis for the EI Camino Plaza shopping center at 600-712 EI Camino Real; B. Pursuant to Tustin City Code (TCC) Section 9264, parking facilities may be used jointly for non residential uses with different peak hours of operation with the approval of a Conditional Use Permit by the Planning Commission; C. That the proposed use is consistent with the General Plan and Tustin City Code in that the property is designated as "Old Town Commercial" and zoned "Central Commercial" (C-2) which allows for a variety of retail, service commercial, office, and restaurant uses. In addition, the project has been. reviewed for consistency with the Air Quality Sub-Element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub-Element; D. That the site is improved with six (6) commercial buildings of approximately 97,176 square feet of floor area and a common parking area with 484 stalls. E. That a public hearing was duly called, noticed, and held on said application on August 11, 2009, by the Planning Commission; F. That in 2001, the Planning Commission adopted Resolution No. 3776 approving CUP 01-002 which authorized shared parking within EI Camino Plaza to establish a forty (40) seat restaurant and to sell beer and wine for on-site consumption in conjunction with the restaurant at 654 EI Camino Real. Approval of CUP 09-009 for a subsequent shared parking analysis of EI Camino Plaza and the conditions contained herein shall supersede the provisions of Resolution No. 3776 and associated conditions of approval related to shared parking only. Provisions of Resolution No. 3776 related to authorization for a restaurant with on-site beer and wine sales at 654 EI Camino Real shall remain unchanged; Resolution No. 4122 Page 2 G. In determining whether to approve the Conditional Use Permit, the Planning Commission must determine whether or not the proposed project will be detrimental to the health, safety, morals, comfort, and general welfare of the persons residing 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 can be supported by the following findings: 1. That a Shared Parking Study dated May 8, 2009, was prepared by a licensed traffic engineer (Kay Hsu, P.E., of K2 Traffic Engineering) in accordance with Tustin City Code Section 9264; 2. That the Shared Parking Study has been reviewed and accepted by the City's Traffic Engineer for methodology and accuracy; 3. That per the Tustin City Code, the center would require 698 off- street parking spaces; 484 parking spaces are currently provided on-site; the Shared Parking Study observed a peak usage of 330 parking spaces; therefore, the Shared Parking Study demonstrates that no substantial conflict will exist in the peak hours of parking demand for the center for existing and proposed uses and that the proposed restaurant expansion can be accommodated on site; 4. That the number of spaces needed for the proposed restaurant does not exceed the number of spaces anticipated to be available during different hours of operation; 5. That the parking spaces designated for joint use are located such that they will adequately serve the uses for which they are intended; 6. That 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; 7. That a written agreement is required to be recorded on all properties involved to ensure the continued availability of the number of parking spaces designated for joint use and availability of reciprocal access easements. F. The project is Categorically Exempt Pursuant to Section 15301 (Class 1 - Existing Facilities) of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Quality Act). II. The Planning Commission hereby approves Conditional Use Permit 09-009 to allow a reduction in off-street parking requirements due to joint use parking within EI Camino Plaza, subject to the conditions contained in Exhibit A attached hereto. Resolution No. 4122 Page 3 PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 11th day of August, 2009. 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 Planning Commission of the City of Tustin, California; that Resolution No. 4122 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 11th day of August, 2009. ELIZABETH A. BINSACK Planning Commission Secretary r1 /F: CHARLES E. PUCKETT Chairperson EXHIBIT A RESOLUTION NO. 4122 CONDITIONAL USE PERMIT 09-009 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped August 11, 2009, 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 09-009 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 09-009, 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. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Exhibit A Resolution No. 4122 Page 2 (1) 1.5 Any violation of any of the conditions imposed is subject to the issuance of an Administrative Citation pursuant to Tustin City Code Section 1162(a). USE RESTRICTIONS (***) 2.1 Any changes to the uses listed in Appendix A (Existing Tenant Information) of the Shared Parking Study dated May 9, 2009, parking lot design, layout, circulation, or number or size of stalls shall be subject to review and approval by the Community Development Department. (**'~) 2.2 A written agreement shall be drawn to the satisfaction of the City Attorney and Community Development Director and executed by all parties concerned assuring the continued availability of the number of parking spaces designated for joint use and availability of reciprocal access easements. The agreement shall be recorded on all parcels subject to the agreement. (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 property owner to prepare a parking demand analysis and bear all associated costs. If the study indicates that there is inadequate parking, the property owner 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. FEES (2) 3.1 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.