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HomeMy WebLinkAboutPC RES 4147RESOLUTION NO. 4147 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING THAT THE CITY COUNCIL APPROVE TENTATIVE PARCEL MAP (TPM) 2008-136 TO CREATE A CONDOMINIUM OFFICE BUILDING FOR ELEVEN (11) SUITES, REPEAL USE PERMIT 88-04 AND APPROVE CONDITIONAL USE PERMIT 09-021 TO INCREASE THE APPROVED SQUARE FOOTAGE ALLOWED FOR MEDICAL USE FROM 7,500 TO 16,543 SQUARE FEET WITHIN AN EXISTING TWO-STORY OFFICE BUILDING AT 2492 WALNUT AVENUE, AND TO ESTABLISH JOINT-USE PARKING BETWEEN PROPERTIES LOCATED AT 2492 AND 2472 WALNUT AVENUE. The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application for Tentative Parcel Map No. 2008-136 was submitted by Robert L. Balmes (primary applicant) requesting approval to create a condominium office building and increase the approved square footage for medical use from 7,500 to 16,534 square feet within an existing two-story office building located at 2492 Walnut Avenue; B. That a proper application for Conditional Use Permit 09-021 was submitted by Robert L. Balmes and First Baptist Church of Irvine/Tustin (secondary applicant), requesting approval to establish joint-use parking between properties located at 2492 and 2472 Walnut Avenue; C. That the site is designated as Planned Community Commercial/Business by the City General Plan and is zoned Planned Community Commercial (PC COMM) and located within the Irvine Industrial Complex Planned Community District, which provides for a variety of industrial, office and commercial uses. The project is consistent with the Air Quality Sub-element of the City of Tustin General Plan. D. That a public hearing was duly called, noticed, and held for TPM 2008-136 and CUP 09-021 on May 25, 2010, by the Planning Commission; E. As conditioned, the map would be in conformance with the State Subdivision Map Act and Tustin City Code Section 9323 (Subdivision Code) in that; That the proposed map is consistent with the General Plan and the Irvine Industrial Complex Planned Community District Regulations. 2. That the design and improvement of the proposed subdivision is consistent with the General Plan and the Irvine Industrial Complex Planned Community District Regulations. Resolution No. 4147 Page 2 3. That the site is physically suitable for the type of development. 4. That the site is physically suitable for the proposed density of development. 5. The parcel map or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife in their habitat. 6. As conditioned, the design of the subdivision or the types of improvements proposed are not likely to cause serious public health problems. 7. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. 8. That the Public Works Department has reviewed the map and determined that it is technically correct. F. As conditioned, the site is physically suitable for the proposed density and type of development. G. That the establishment, maintenance, and operation of the proposed increased of medical office uses and joint-use parking uses 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. As conditioned, the increase in parking requirements generated by the proposed increase in medical use can be accommodated by reciprocal parking agreements. 2. A parking study dated January 5, 2010, prepared by a California licensed trafFc engineer, demonstrates that no substantial conflict will exist in the peak hours of parking demand for the uses for which the joint-use parking is proposed; 3. Parking spaces designated for joint use are located so that they will adequately serve the uses for which they are intended. H. The parcel map and the proposed request is Categorically Exempt pursuant to Section 15315, Class 15, and Section 15301, Class 3, of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Planning Commission hereby recommends that the City Council approve Tentative Parcel Map (TPM) 2008-136 to create a condominium office building Resolution No. 4147 Page 3 for eleven (11) suites, repeal Use Permit 88-04 and approve Conditional Use Permit 09-021 to increase the approved square footage allowed for medical use from 7,500 to 16,543 square feet within an existing two-story office building at 2492 Walnut Avenue, and to establish joint-use parking between properties located at 2492 and 2472 Walnut Avenue. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 25th day of May, 2010. ELIZABETH A. BIN K 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. 4147 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 25th day of May, 2010. ELIZABETH A. BINSAC Planning Commission Secretary EXHIBIT A RESOLUTION N0.4147 TENTATIVE PARCEL MAP 2008-136 CONDITIONAL USE PERMIT 09-021 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped May 25, 2010, on file with the Community Development Department, as herein modified, or as modified by the Community Development Director in accordance with this Exhibit. The 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. (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified, subject to review and approval by the Community Development Department. (1) 1.3 This approval of Conditional Use Permit 09-021 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) 1.4 Approval of Tentative Parcel Map 2008-136 and Conditional Use Permit 09-021, is contingent upon the applicants 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) 1.5 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). (1) 1.6 Conditional Use Permit 09-021 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 09-021, 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. 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. 4147 Page 2 (1) 1.7 As a condition of approval of Tentative Parcel Map 2008-136 and Conditional Use Permit 09-021, the applicants 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 this project. The City agrees to promptly notify the applicants 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) 1.8 Within twenty-four (24) months from tentative map approval, the subdivider shall record with appropriate agencies a final map prepared in accordance with subdivision requirements of the Tustin Municipal Code, the State Subdivision Map Act, and applicable conditions contained herein unless an extension is granted pursuant to Section 9323 of the Tustin Municipal Code. Time extensions may be considered if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.9 The applicants shall be responsible for costs associated with any necessary code enforcement action, including attorney's fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. (1) 1.10 The subdivider shall conform to all applicable requirements of the State Subdivision Map Act, the City's Subdivision Ordinance, and the City's zoning regulations. Exhibit A Resolution No. 4147 Page 3 USE RESTRICTIONS (1) 2.1 The office condominium use at 2492 Walnut Avenue is limited to 16,534 square feet of medical office and 27,433 gross square feet of professional office, as shown in the table below. Any change in use shall be reviewed and approved by the Community Development Director. Use Square Feet First Floor Unit 100 Office 4,600 105 Medical Office ~ ____ _ ___ - 3,038 110 ~ Medical Office 4,596 120 Office ' 4,748 _...~... --. -.- __ _.__ 130 ....... .-------._ .... ----.-- t MedicalOffice i,.- _._. .-..._._ _____...-.-.4,916.__.... 140 I Medical Office i 3,984 Common Area - ~ 2,400 rr _ _ __ ___ Gro.,~, Floor Area ' __ 28, 282 ' Second Floor Unit 200 . _ i Office ~..... _._....~.-..__---.-.-.........----._... ..___.. ___3,.389.-_ -_.-...-------------_ 220 1 . _, . Office 1 2, 60 250 Office ! 3,?~ 260 ----- .............. _.......---- ~ Office ! -_..-... _.-. _..... 724 268 Office ; 1, 928 ._..~...__......-~....._----..._..-._._ .....------.....-_.__.__....._..._.r._ Common Area i -- _ ......................--.-.-.-.~.-._. 3,720 Gross Floor Area 15.685 Total 43,967 (1) 2.2 Parking spaces designated for joint use shall be located so that they will adequately serve the uses for which they are intended. The church use at 2472 Walnut Avenue may utilize parking spaces on 2492 Walnut Avenue for typical church activities such as, but not limited to, weekend service, holidays, and special events. (1) 2.3 A total of 152 parking spaces shall be maintained on 2492 Walnut Avenue at all times. A total of 95 parking spaces shall be maintained on 2472 Walnut Avenue. Any reduction of on-site parking shall be reviewed and approved by the Community Development Director. The approval of joint-use parking is subject to the use at 2472 Walnut Avenue to remain as a church use. Any change to the church use shall require review and approval by the City. (1) 2.4 If in the future the City determines that a parking problem exists on the sites or in the vicinity as a result of the proposed project, the Community Development Director may require the applicants to provide immediate interim and permanent mitigation measures to be reviewed and approved by the Community Exhibit A Resolution No. 4147 Page 4 Development Department and the Public Works Department including but not limited to: a. Reduction of medical uses b. Limit church uses of the parking spaces at 2492 Walnut Avenue to weekend use only PLAN SUBMITTAL (1) 3.1 The primary applicant shall execute a monumentation agreement and furnish a ` monumentation bond prior to recordation of the Final Map. (1) 3.2 The primary applicant shall dedicate all access rights along the future Tustin Ranch Road to the City of Tustin, at no cost to the City. (1) 3.3 The primary applicant shall dedicate in fee title Lot "A" to the City of Tustin, at no cost to the City. (1) 3.4 Prior to approval of the Final Parcel Map 2008-136, the primary applicant shall provide a ten (10) foot wide Temporary Construction Easement (TCE) to the City of Tustin, at no cost to City, for the construction of future Tustin Ranch Road along the westerly property line. The primary applicant shall submit a legal description and plat as prepared by a California Registered Civil Engineer or California Licensed Land Surveyor to the Engineering Division for review and approval. (1) 3.5 At the time of building permit, the plans shall comply with the 2007 Califomia Building Code (CBC), 2007 Califomia Mechanical Code (CMC), 2007 California Plumbing Codes (CPC), 2007 California Electrical Code (CEC), Califomia Title 24 Accessibility Regulations, 2005 Title 24 Energy Regulations, City Ordinances, and State and Federal laws and regulations 2005 Edition. (1) 3.6 A written and recorded reciprocal parking agreement shall be drawn to the satisfaction of the City Attorney and Community Development Director and executed by the property owners of 2492 Walnut Avenue and 2472 Walnut Avenue, assuring the continued availability of the number of parking spaces designated for joint use and availability of reciprocal access easements. If in the future, the reciprocal parking agreement is no longer valid at 2492 and/or 2472 Walnut Avenue due to a proposed change in use or schedule, a new parking study shall be required. Based on said new parking study, the City may require modifications to CUP 09-021 regarding joint-use parking and/or square footage of medical use. Exhibit A Resolution No. 4147 Page 5 *** 3.7 The subdivider shall record a deed restriction for the property located at 2492 Walnut Avenue that limits the medical use to a maximum of 16,534 square feet for the entire building. The deed restriction shall be approved by the Community Development Director prior to recording and applicable to all eleven (11) units. COVENANTS, CONDITIONS, AND RESTRICTIONS (CC8~Rs) (1) 4.1 Prior to recordation of the final map, all organizational documents for the project including any Covenants, Conditions, and Restrictions (CC&Rs) shall be submitted, by the primary applicant, to and approved by the Community Development Department and the City Attorney's Office and recorded with County Recorder's Of1'ICe. Costs for such review shall be borne by the subdivider. A copy of the final documents shall be submitted to the Community Development Department within five (5) days of recordation. At a minimum, the following items shall be included: a. The City shall be included as a party to the CC&Rs for enforcement purposes of those CC&R provisions in which the City has interest as reflected in the following provisions. However, the City shall not be obligated to enforce the CC&Rs. b. The requirement that association bylaws be established c. Provisions related to the limitation of medical office uses within the building at 2492 Walnut Avenue. Any change to the intensity and/or uses specified requires City approval. d. Provisions for effective establishment, operation, management, use, repair, and maintenance of all common areas and facilities including buildings and amenities, landscaped areas, walls and fences, private roadways (i.e., walks, sidewalks), etc. Maintenance standards shall also be provided. Examples of maintenance standards are shown below. All common area landscaping and private areas visible from any public way shall be properly maintained such that they are evenly cut, evenly edged, free of bare or brown spots, debris, and weeds. All trees and shrubs shall be trimmed so they do not impede vehicular or pedestrian traffic. Trees shall be pruned so they do not intrude into neighboring properties and shall be maintained so they do not have droppings or create other nuisances to neighboring properties. All trees shall also be root pruned to eliminate exposed surface roots and damage to sidewalks, driveways, and structures. 2. All private roadways, sidewalks, and open space areas shall be maintained so that they are safe for users. Significant pavement cracks, pavement distress, excessive slab settlement, abrupt vertical variations, and debris on travelways should be removed or repaired promptly. 3. Common areas shall be maintained in such a manner as to avoid the reasonable determination of a duly authorized official of the City that Exhibit A Resolution No. 4147 Page 6 a public nuisance has been created by the absence of adequate maintenance such as to be detrimental to public health, safety, or general welfare. e. Membership in the association shall be inseparable from ownership in individual units. f. Architectural controls shall be provided and may include, but not be limited to, provisions regulating exterior finishes, roof materials, fences and walls, accessory structures such as mechanical equipment, television and radio antenna, and signs, consistent with the Tustin City Code and the Planned Community Industrial zoning district. g. Parking controls shall be provided and may include, but not be limited to, provisions regulating vehicle and truck deliveries, vehicle and truck parking, loading and unloading activities, etc. h. The CC&Rs shall include provisions that are consistent with the requirements of the existing CC&Rs recorded on June 14, 1985, for the five building office complex. The CC&Rs shall include the provisions of joint/shared parking between 2492 Walnut Avenue and 2472 Walnut Avenue. Change to the joint/shared parking agreement shall be reviewed and approved by the Community Development Director. FEES (1, 5) 5.1 Within forty-eight (48) hours of approval of the subject project, the applicants 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 applicants have 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 The primary applicant shall reimburse the City of Tustin for the actual cost incurred to the City by the City Attorney and/or Special Counsel service for review of the CC&Rs.