The URL can be used to link to this page

Home My WebLink AboutCC RES 10-71Community Development Department June 2, 2014 Zhiyin Shan M.D. CMWR Acupuncture 2492 Walnut Avenue, Suite 260 Tustin, CA 92780 TUSTIN BUILDING OUR FUTURE HONORING OUR PAST RE: 2492 WALNUT AVENUE, SUITE 260 CONVERSION TO MEDICAL OFFICE USE Dear Dr. Shan. Thank you for your letter, received on May 6, 2014, requesting authorization to allow medical office use within Suite 260 at 2492 Walnut Avenue. In addition to your letter, you provided an approval letter from the 2492 Walnut Association as well as a revised parking study for the building which justifies the conversion of Suite 260 from 724 square feet of existing general office use to medical office use. On July 6, 2010, the Tustin City Council (CC) adopted Resolution No. 10-71 approving Tentative Parcel Map 2008-136 and Conditional Use Permit 09-021 to create office condominiums and increase the allowable medical office square footage at the subject property. Condition 2.1 of CC Resolution No. 10-71 restricts the total square footage of medical office uses at the subject property. Condition 2.1 also authorizes the Director of Community Development to review and allow changes in the building use. The revised parking study dated April 30, 2014, prepared by licensed traffic engineer Craig S. Neustaedter of Transportation Engineering and Planning, Inc. (TEP) concludes that a small increase in utilization of parking spaces will occur due to the conversion of 724 square feet of designated general office use to medical office use. Further, it concludes that the small increase can be accommodated by existing parking surpluses. The City's Engineering Division has reviewed the revised parking study prepared by TEP and concurs with the study that no impact on parking at the site is anticipated with the conversion. The fees associated with the review of the revised parking study will be deducted from the $500.00 deposit you submitted. Any excess fees will be refunded to you in the form of a check within the next few weeks. Please be advised that CC Resolution No. 10-71 is hereby amended to allow for the proposed conversion of Suite 260 from general office use to medical office use. The table contained within Condition 2.1 shall be amended as follows: (1) 2.1 The office condominium use at 2492 Walnut Avenue is limited to 19,186 square feet of medical office and 24,781 gross square feet of professional/general office, as shown in the table below. Any change in use shall be reviewed and approved by the Community Development Director. 300 Centennial Way, Tustin, CA 92780 • P !71.1 573 3100 • F i 714) 573-3113 • www.tustinca.org 2492 Walnut Ave., Suite 260 June 2, 2014 Page 2 All other conditions of approval contained within CC Resolution No. 10-71 remain in effect. Should you have any questions or concerns regarding the project, please do not hesitate to contact Ryan Swiontek, Senior Planner at (714) 573-3123. Sincerely, Elizabeth A. Binsack Director of Community Development Attachment: CC Resolution No. 10-71 CC, 2492 Walnut Association, c/o Robert L. Balmes, President, P.O. Box 3909, Orange, CA 92857 File! TPM 2008-136 and CUP 09-021 Use Square Feet First Floor Unit 100 Office '' 4,600 105 Medical Office 3,038 110 Medical Office 41596 120 _ _ Office 4,748 130 Medical Office _ 4,916 140 Medical Office 3,984 Common Area Gross F/oorArea I ; 28,282 Second Floor Unit 200 Office 3,389 220 Office 2,160 250 Office 3,764 260 Medical Office 724 268 Medical Office 1,928 Common Area — 3,720 Gross F/oorArea ! 15,685 Total 43,967 All other conditions of approval contained within CC Resolution No. 10-71 remain in effect. Should you have any questions or concerns regarding the project, please do not hesitate to contact Ryan Swiontek, Senior Planner at (714) 573-3123. Sincerely, Elizabeth A. Binsack Director of Community Development Attachment: CC Resolution No. 10-71 CC, 2492 Walnut Association, c/o Robert L. Balmes, President, P.O. Box 3909, Orange, CA 92857 File! TPM 2008-136 and CUP 09-021 Inter -Com DATE: MAY 19, 2014 TO: RYAN SWIONTEK, SENIOR PLANNER FROM: ERIC JOHNSON, PRINCIPAL ENGINEER TUSTI N 3 -1 a PlllI DING OIIR FUTURE Ito NORING OUR FIST SUBJECT: MEDICAL OFFICE CONVERSION AT 2492 WALNUT AVENUE, SUITE 260; PLAN CHECK # 13-137E Pursuant to your request, the Engineering Division has completed review of a revised parking study for a Medical Office Conversion at 2492 Walnut Avenue, Suite 260. The study was prepared by Transportation Engineering and Planning, Inc. (TEP) and is dated April 30, 2014. As with the recent parking study revision by TEP dated September 9, 2013, we concur with the methodology applied to the current analysis which results in a net increase in parking demand of one space. Under a reciprocal parking agreement between 2492 Walnut Ave. and the adjacent church property at 2472 Walnut Avenue, the original 2010 parking analysis indicates there is a surplus of over 180 parking spaces on site. With only one additional space needed with the proposed conversion, staff concurs with the conclusion that parking supply at the site is adequate. C: Edmelynne Hutter, Senior Planner Terry Lutz, Consulting Traffic Engineer Katy Lee, Assistant Engineer SATransportation Engineering\Studies\Medical Office Conversion at 2492 Walnut Avenue, Suite 260.docz CMWR Acupuncture Tustin May 5, 2014 RE:Suite 260, 2492 Walnut Ave., Tustin Dear Sir/Madam, I am the renter of Suite260, 2492 Walnut Avenue in Tustin. RECEWED MAY 0-6 2014 COMMUNITY DEVELOPMENT BY: This letter is in support to the memorandum that was prepared by our engineer, TEP - Transportation Engineering and Planning Inc., and sent to you to convert Suite 260 from the designation as "office" to "medical office/clinic". The study shows that there will be no negative impact to implement the change to "Medical Use". Best regards, Zhiyin Shan M.D. 2492 Walnut Association c/o Robert L Balmes, President P 0 Box 3909, Orange, CA 92857 r.balmes@sbcglobal.net res 714.279.0611 cell 714.906.0611 May 5, 2014 Zhiyin Shan CMWR Acupuncture 2492 Walnut Ave, Suite 260 Tustin, CA 92780 Dear David RECEIVED MAY 0 81014 COMMUNITyOEVELOphENT BY: As majority owner and Present of the 2492 Walnut Association consisting of eleven Business Condominiums, I have reviewed a recently modified Parking Study prepared by TEP -Transportation Engineering and Planning, Inc. The study indicates there will be no negative impact should the Suite 260 designation be changes from 'Office Use' to 'Medical Use'. Based on the facts presented in the modified study, the undersigned on behalf of the Association supports. Your request that subject Suite, a space of 724 sf, be soon designed Medical Use space. Please pass a copy of this letter to the appropriate person within the City of Tustin Staff to verify Association Approval.. Robert L Balmes (Note: Robert L Balmes purchased 2492 Walnut Ave over twenty-two years ago and converted the Building to Business Condominiums in 2011. Eight of the Eleven units are still owned by Balms and are leased for use as designated) TES sm P.O. Box 18355 Irvine CA 92623 e-mail: tepirvine@sbcglobal.net April 30, 2014 David Paez 2492 Walnut Ave. Suite 260 Tustin, CA 92780 Issue: phone: 949 552 4357 fax: 909494 4408 mobile: 909 263 0383 RECEIVED MAY 0 6 2014 COMMUNITY 6Y; DEVELOPMENT The property owner intends to submit an application to the City of Tustin to convert Suite h 260 at 2492 Walnut Ave. from the designation of "office" to "medical office/clinic" designation. Suite #260 contains 724 ft.z The City of Tustin requires the application to include an update to the parking analysis for the 2492 Walnut Ave. prepared by TEP in 2010. The updated analysis must address the impact on on-site parking of the conversion from office to medical office/clinic. This transmittal has been prepared to respond to the City of Tustin condition. Analysis: The current required on-site parking requirement for 2492 Walnut Ave. is 205 spaces. The original parking analysis completed in 2010 showed that 199 spaces were required. In 2013 an amendment was approved to convert Suite #268 from the designation of office to medical office/clinic. This amendment changed the parking requirement from 199 spaces to 205 spaces. Changing the use of Suite #260, as proposed, will result in an increase in the required number of spaces by 1 to a total of 206 spaces (see table below). Currently, in total there are 247 parking spaces covered under the reciprocal parking agreement between 2492 Walnut Ave and the adjacent church property at 2472 Walnut Ave. The 2010 parking analysis showed there is a surplus of 184 parking spaces at the peak hour on Sundays, and a surplus of 183 parking spaces during the weekday peak hour between 11 AM and 12 PM. Finding: There will be a small increase in utilization of parking spaces due to the change of designation of Suite #260 from office to medical office. This small increase in parking space utilization can readily be accommodated by the existing surpluses identified in the 2010 parking study. The findings from the 2010 parking study are essentially unaffected by the proposed change in designation for Suite #260. Page I of Table 1. Building Utilization Reflecting Conversion of Designation of Suite #268 to Medical Office/Clinic First Floor Square footage Use Suite 100 4600 Office Suite 110 7634 Medical Clinic Suite 120 4784 Office Suite 130 4916 Diabetes Research Facility/ Medical Clinic Suite 140 3984 Physical Therapy Office / Medical Clinic First floor common area 2364 1/250 Rentable square feet 25918 99 Gross floor area 28282 1/300 0 0 Second Floor Square footage Use Suite 200 3389 Office Suite 220 2160 Office vacant Suite 250 3764 Office Suite 260 724 Office changed to Medical Office/Clinic Suite 268 1928 Medical Office/Clinic Second floor common area 3720 Rentable square feet 11965 Gross floor area 15685 Total rentable square feet 37883 Total gross floor area 43967 Table 2. Per the city parking ordinance, the following is the on-site parking standard: Use Parking ratio Gross square feet Required parking Total required parking Medical < 4000 ft.2 1/250 4000 16 107 clinic > 4000 ft.2 1/167 15186 91 Office <25,000 ft.2 1/250 24781 99 99 >25,000 ft.2 1/300 0 0 Total 43967 1 1 206 Page 2 of 3 Report Submitted by: Craig S. Neustaedter California Registered Traffic Engineer License #1433 /Expiration: 12/31/2014 Attachment: 2492 Walnut Ave. Parking Study Revised Report (January 5, 2010) Page 3 of 3 RESOLUTION NO. 10-71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING 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 (CUP) 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 City Council does hereby resolve as follows: I. The City Council 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 on May 25, 2010, by the Planning Commission and the Planning Commission adopted Resolution No. 4147 recommending that the City Council approve TPM 2008-136 and CUP 09-021; E. That a public hearing was duly called, noticed, and held for TPM 2008-136 and CUP 09-021 on July 6, 2010, by the City Council; F. As conditioned, the map would be in conformance with the State Subdivision Map Act and Tustin City Code Section 9323 (Subdivision Code) in that: 1. The proposed map is consistent with the General Plan and the Irvine Industrial Complex Planned Community District Regulations. 2. 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. 10-71 Page 1 of 9 3. The site is physically suitable for the type of development. 4. 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. 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. The Public Works Department has reviewed the map and determined that it is technically correct. G. As conditioned, the site is physically suitable for the proposed density and type of development. H. 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 traffic 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. 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). The City Council hereby approves 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. Resolution No. 10-71 Page 2 of 9 PASSED AND ADOPTED by the City Council of the City of Tustin at a regular meeting on the 6#' day of July, 2010. W0, 4 Ire a Wi 111topom .40 os STOKER City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE ) SS CITY OF TUSTIN ) CERTIFICATION FOR RESOLUTION NO. 10-71 PAMELA STOKER, City Clerk and ex -officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 10-71 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 6t' day of July, 2010, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: SON sk r4p 'all -A City Clerk Resolution No. 10-71 Page 3 of 9 Amante, Nielsen, Davert, Palmer, Gavello (5) None (0) None (0) (0) GENERAL EXHIBIT A RESOLUTION NO. 10-71 TENTATIVE PARCEL MAP 2008-136 CONDITIONAL USE PERMIT 09-021 CONDITIONS OF APPROVAL The proposed project shall substantially conform with the submitted plans for the project date stamped July 6, 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 specked, 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. 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 Resolution No. 10-71 Page 4 of 9 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 (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. 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. 110100 Office 4,600 105 Medical Office 3,038 Resolution No. 10-71 Page 5 of 9 ___.......... _.... _-_ 110 ....M _-_ ................. _.._ ____ . __edica...___._..l.._._.._ � Offi__.___ce_ _.... _ _4,596 . .20 ................_120 .._...._._. �..._._._-- Office 4, 748 130 Medical Office 4,916 140 ... Me. _....... _-_ Common Area - 2,400 Gross Floor Area ' it 200- _—.....---- Office3,389 - 220.. + --- _ . ___.__.._......_.._._ 250 . - -Office... ---- - - --2,160.- - - 260 Office 724 _ ._._._..268 928 Common Area 3,720 -- Gross Floor Area { 15,685 _ w 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 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 Resolution No. 10-71 Page 6 of 9 PLAN SUBMITTAL 1 3.1 The rima applicant shall execute a monumentation agreement and furnish a _ (► primary pp 9 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 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. (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. *** 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 (CC&Rs) (1) 4.1 Prior to recordation of the final map, all organizational documents for the Resolution No. 10-71 Page 7 of 9 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 Office. 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 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. Resolution No. 10-71 Page 8 of 9 FEES (1,5) (1) 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. 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. 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. Resolution No. 10-71 Page 9 of 9 Community Development DeparLtment Jean-Louis Selam, M.D. Diabetes Research Center 2492 Walnut Avenue, Suite 130 Tustin, CA 92780 Dear Dr. Selam: TUSTIN BUILDING OuR FUTURE HONORING OUR PAST Thank you for your letter, received via email on September 18, 2013, requesting authorization to allow medical office use within Suite 268 at 2492 Walnut Avenue. In addition to your letter, you provided an approval letter from the 2492 Walnut Association as well as a revised parking study for the building which justifies the conversion of Suite 268 from 1,928 square feet of existing general office use to medical office use. On July 6, 2010, the Tustin City Council (CC) adopted Resolution No. 10-71 approving Tentative Parcel Map 2008-136 and Conditional Use Permit 09-021 to create office condominiums and increase the allowable medical office square footage at the subject property. Condition 2.1 of CC Resolution No. 10-71 restricts the total square footage of medical office uses at the subject property. Condition 2.1 also authorizes the Director of Community Development to review and allow changes in the building use. The revised parking study dated September 9, 2013, prepared by licensed traffic engineer Craig S. IN S Pleustaedter of Transportation Engineering and Planning, Inc. (TEP) concludes that a minor increase in utilization of parking spaces will occur due to the conversion of 1,928 square feet of designated general office use to medical office use. Further, it concludes that the minor increase can be accommodated by existing parking surpluses. The City's Engineering Division has reviewed the revised parking study prepared by TEP and concurs with the study that no impact on parking at the site is anticipated with the conversion. The fees associated with the review of the revised parking study amount to $156.33. Please remit payment to the City of Tustin within fourteen (14) days of the date of this letter. Please be advised that CC Resolution No. 10-71 is hereby amended to allow for the proposed conversion of Suite 268 from general office use to medical office use. The table contained within Condition 2.1 shall be amended as follows: (1) 2.1 The office condominium use at 2492 Walnut Avenue is limited to 18,462 square feet of medical office and 25,505 gross square feet of professional/general office, as shown in the table below. Any change in use shall be reviewed and approved by the Community Development Director. 300 Centennial Way, Tustin, CA 92780 a P: (11 1157/3-31100 a F 573-311-3 a J/ www.Iltistificot.org k492 Walnut Av- • b *ctob2, 2013 Page 2 Gross Floor Area Gross Floor Area Total Office Office Office --- ............. Office Medical Office 3-,3-819. .2-11-16-0- 3,764 724 1,928 3,720 15,685 43,967 All other conditions of approval contained within CC Resolution No. 10-71 remain in effect. Should you have any questions or concerns regarding the project, please do not hesitate to /-7,4 A\ f--7nn A^^ contact Ryan Sw1ontte:*-, 0' e 1-11 Uo 1- Planner at k f I '+) 7/3-31L3. Attachment: CC Resolution No. 10-71 CC: 2492 Walnut Association, c/o Robert L. Balmes, President, P.O. Box 3909, Orange, CA 92857 File: TPM 2008-136 and CUP 09-021 TUSTIN Inter -Com DATE: SEPTEMBER 26, 2013 Ru 11 mNc. 0111 V111-1 I RF HONORING OUR PAST TO: RYAN SWIONTEK, SENIOR PLANNER FROM: ERIC JOHNSON, PRINCIPAL ENGINEER SUBJECT: PARKING STUDY FOR MEDICAL OFFICE CONVERSION AT 2492 WALNUT AVENUE; PLAN CHECK#: 13-137E Pursuant to your request, the Engineering Division has completed a review of a parking study for conversion of existing office condominium use to medical office use located at 2492 Walnut Avenue, Suite 268. The amount of condominium and medical office space at this location is restricted under Tentative Parcel Map 2008-136 and Conditional Use Permit 09-021. At the time of tentative map approval a parking study was prepared by Transportation Engineering and Planning, Inc. (TEP). 'In conjunction with this study a reciprocal parking agreement was executed with the adjacent Crossroad Church located at 2472 Walnut Avenue. This agreement was essential to meet the parking demands for 2492 Walnut Avenue. A new study dated September 9, 2013 has been prepared by TEP for the subject conversion. This study was essentially an amendment to the original study and applied the same methodology as that study, including reference to the reciprocal parking agreement. The new study indicates that the conversion from condominium to medical office space will result in a demand for six (6) additional parking spaces. We concur with the study that with an estimated surplus of over 180 parking spaces due to the reciprocal parking agreement with the church, no impact on parking at the site is anticipated with the conversion. Thank you for the opportunity to review and comment on this proposed project. If you have any questions, please contact Katy Lee of my staff. C: Katy Lee Terry Lutz S:\KatyQ013\13-137E 2492 Walnut Ave. pkng. study.doc IBES . RESEARCH CENTER _ UNIVERSITY CLINICAL INVESTIGATORS, 'JNC, Tustin, September 16, 201 Rik Some 2681,112492 Wallnut Ave,, Tustlin Dear Sir/Madam, I am the owner of Soo e 268, 2492 Walnut Avenue in Tustin, This letter" is in support to the memorandum that was preparedby our engineer, TEP -Transportation ngineer in nd Planning Inc., and sent to cr to convert Suite 268 from the e ignat on as "office" to "medical office/clinic", The study shoes that there will be no negative impact implement the chantri "Medical rise", ge Jean-Louis Sel m, M,D, < J 734-79,44 4* Fax: (7 1 ) 734-794' 2492 \Jinut Avenue, €tistin, 4a lor4;;�80 0[ September 17, 2013 David Salam Diabetes Research Center 2492 Walnut Ave, Suite 130 Tustin, CA 92780 As majority owner and President of The 2492 WALNUT ASSOCIATION consisting of eleven Business Condominiums, 1 have reviewed a recently modified Parking Study prepared by TEP -Transportation Engineering and Planning, Inc. The study indicates there will be no negative impact should the Suite 268 designation be changed from "Office Lis e'to "Medical Use". Based on the facts presented 'in the modified study, the undersigned on behalf of the Association supports Your request that subject Suite, a space of 1,928 sf, be soon tJPdan;4tPr4 Medirnt I Jrp tzn;4rA Pit -;i o nn-vz ;4 rnnx/ ref thi-, letter to the appropriate person within the City of Tustin Staff to verify, Association Approval. Robert L Balmes (Note: Robert L Balmes purchased 2492 Walnut Ave over twenty-two years ago and converted the Building to Business Condominiums in 2011. Eight of the Eleven units are still owned by Balmes and are Leased for use as designated) loe 4_(1q-_1_ ,rVMN SM P.O. :• 18355 Irvine CA 92623 Jean-Louis Selam, M.D. Diabetes Research Center University Clinical Investigators, Inc. 2492 Walnut Ave. Suite 130 Tustin, CA 92780 Issue: a •- - fax: 909494 4408 The University Clinical Investigators Inc. intends to submit an application to the City of Tustin to convert Condominium Suite # 268 at 2492 Walnut Ave. from the designation as "office" to "medical office/clinic" designation. Suite #268 contains approximately 1928 ft.2 The City of Tustin has informed us the application must include an update to the parking analysis for the 2492 Walnut Ave. prepared by TEP in 2010. The updated analysis must address the impact on on-site parking of the conversion from office to medical office/clinic. This transmittal has been prepared to respond to the City of Tustin condition. Analysis: The current required off-street parking requirement per the report prepared in 2010 is 199 spaces. Changing the use of Suite #268, as proposed, will result in an increase in the required number of spaces by 6 to a total of 205 spaces (see table below). Currently, in total there are 247 parking spaces covered under the reciprocal parking agreement between 2492 Walnut Ave and the adjacent church property at 2472 Walnut Ave. The 2010 parking analysis showed there is a surplus of 184 parking spaces at the peak hour on Sundays, and a surplus of 183 parking spaces during the weekday peak hour between 11 AM and 12 PM. There will be a minor increase in utilization of parking spaces due to the change of designation of Suite #268 from office to medical office. This small increase in parking space utilization can still be accommodated by the existing surpluses indicated by the 2010 parking study. The findings from the 2010 parking study are essentially unaffected by the proposed change in designation for Suite #268. Page 1 of 3 Table 1. Building Utilization Reflecting Conversion of Designation of Suite #268 IT: "adical Office/Clivic Table 2. Per the city parking ordinance, the followi g is the on-site parking standard: Use Parking ratio Gross square feet Required parking Total required parking Medical < 4000 ft.2 1/250 4000 16 103 clinic > 4000 ft.2 1/167 14462 87 Office <25,000 ft.2 1/250 25000 100 102 >25,000 ft.2 1/300 505 2 -Total 43967 205 Page 2 of 3 Report Submitted by: Craig S. Neustaedter California Registered Traffic Engineer License #1433 /Expiration: 12/31/2014 Attachment: 2492 Walnut Ave. Parking Study Revised Report (January 5, 2010) Page 3 of 3 T P.O. Box 18355 Irvine CA 92623 . . . . . . . . . . n��d, ilw,0118A&V&� �-- SM x: 909494 4408 To: Robert Balmes From: Craig S. Neustaedter, California Registered Traffic Engineer (License # 1433) Subject: 2492 Walnut Av. Parking Study Revised Report' Robert Balmes is proposing an office condominium conversion for an existing office building located at 2492 Walnut Ave. in Tustin California. The existing office building is 43967 ft . 2 consisting of general office and medical uses. Sufficient off street parking is provided for the office building as part of the reciprocal parking agreement with an adjacent church site. The city of Tustin requires a parking study be prepared by a California registered traffic engineer in order to consider the proposed office condominium conversion. The purpose of this study is to demonstrate that no substantial conflict will exist in the peak hours of parking demand, and that adequate off street parking can be provided. Section 9264 of the Tustin City Code addresses the requirements for analyzing the reduction of off street parking. This section of the city code requires, "the methodology to be used in preparing the study shall be promulgated in the Institute of Transportation Engineers (ITE)". The existing office building is located at 2492 Walnut Ave. in Tustin California. This site is located south of Walnut Ave. between Tustin Ranch Road and Franklin Avenue, Figure I shows the site location. There are several buildings adjacent to the project and share access. These include two additional office buildings at 2552 Walnut Ave. and 14851 Franklin Ave., a small shopping mall located at 2512 Walnut Ave., and First Baptist Church located at 2472 Walnut Ave. The layout showing the project site and the above referenced adjacent facilities is shown as Figure 2. The project consists of two floors containing general office and medical related uses. The total square footage of the office building is 43967 ft.2 . The project site plan is shown as Figure 3. The existing building utilization is summarized as follows: Report has been revised based on comments received from city staff on November 23, 2009 and December 3, 2009. Transportation Engineering and Planning, Inc. First Floor Square footage Use Suite 100 4600 Office Suite 110 7634 Medical Clinic Suite 120 4784 Office Suite 130 4916 Diabetes Research Facility/ Medical Clinic Suite 140 3984 Physical Therapy Office Medical Clinic First floor common area 2364 Rentable square feet 25918 Gross floor area 28282 Second Floor Square footage Use Suite 200 3389 Office Suite 220 2160 Office (vacant) Suite 250 3764 Office Suite 260 724 Office Suite 268 1928 Office Second floor common 3720 area Rentable square feet 11965 Gross floor area 15685 Total rentable square feet 37883 Total gross floor area 43967 Currently, 16534 ft.2 of medical related uses occupy the off -ice building. These include a medical clinic (Suite 110/7634 ft. 2) a diabetes laboratory (Suite 130/4916 ft.2 ) and a physical therapy office (Suite 140/3984 ft. 2) The medical clinic operates seven days a week: 7 AM to 8 PM Monday through Friday and 8 AM to 4 PM on Saturday and Sunday. The current utilization characteristics of the office building are expected to be continued when the condominium conversion is completed. Existing On -Site Parking The project on-site parking consists of 147 regular spaces and 5 handicap spaces, for a total of 152 spaces. On -Site Parking Standard per City Ordinance The on-site parking standard for the project site is covered under Section 4263, Table 1 of the Tustin Municipal Code. Transportation Engineering and Planning, Inc. Medical clinics are required to provide one space for each 250 ft.2 of gross floor area for the first 4000 ft.2 of medical space within a building and six spaces for each 1000 ft.2 of gross floor area excess of 4000 Offices are required to provide one space for each 250 ft.2 of gross floor area for the first 25,000 ft.' and one space for each 300 ft.2, thereafter. Per the city parking ordinance, the following is the on-site parking standard: Note: the square footage allocated to medical clinic uses has been subtracted from the total building gross square footage. This remaining balance has been allocated to office uses. Per the city municipal ordinance, 199 parking spaces should be provided on-site. The project will provide 152 spaces on site. The deficiency will be remediated by means of the reciprocal parking arrangement with Trinity Baptist Church. On -Site Parking Standard per ITE Parking Generation Manual The Institute of Transportation Engineers (ITE) has compiled an informational report on parking demand characteristics of various land uses based on numerous data collection efforts conducted throughout the United States and internationally. The current edition of this report is the third edition, entitled "Parking Generation". The report includes data on the average peak period parking demand of the two land uses on the project site including medical clinic, and office. The average peak period for these two uses occurs during weekdays. The Parking Generation manual notes that weekend peak period demand for medical clinics is similar to weekday peak period demand (page 165). The on-site parking standard based on ITE parking demand rates (85th percentile) is summarized as follows: Use Parking ratio (85th percentile) Use Parking ratio Gross square feet Required parking Total required parking Medical 27433 < 4000 ft.2 1/250 4000 16 91 clinic > 4000 ft.2 1/167 12534 75 Office <25,000 ft.2 1/250 25000 100 108 >25,000 ft.2 1/300 2433 8 1 Total Fl 43967 Note: the square footage allocated to medical clinic uses has been subtracted from the total building gross square footage. This remaining balance has been allocated to office uses. Per the city municipal ordinance, 199 parking spaces should be provided on-site. The project will provide 152 spaces on site. The deficiency will be remediated by means of the reciprocal parking arrangement with Trinity Baptist Church. On -Site Parking Standard per ITE Parking Generation Manual The Institute of Transportation Engineers (ITE) has compiled an informational report on parking demand characteristics of various land uses based on numerous data collection efforts conducted throughout the United States and internationally. The current edition of this report is the third edition, entitled "Parking Generation". The report includes data on the average peak period parking demand of the two land uses on the project site including medical clinic, and office. The average peak period for these two uses occurs during weekdays. The Parking Generation manual notes that weekend peak period demand for medical clinics is similar to weekday peak period demand (page 165). The on-site parking standard based on ITE parking demand rates (85th percentile) is summarized as follows: Use Parking ratio (85th percentile) Gross square feet Required parking Medical clinic 4.74/1000 16534 78 Office 3.44/1000 27433 94 Total IffffEMMEM 43967 172 Transportation Engineering and Planning, Inc. According to the ITE parking generation standards, the project should provide 172 parking spaces. This is 27 fewer spaces based on the city municipal code standard. The deficiency will be remediated by means of the reciprocal parking arrangement with Trinity Baptist Church. Shared Parking Opportunity for Reciprocal Parking Agreement Shared parking is the use of a parking space to serve two or more individual land uses without conflict. The ability to share parking spaces is the result of variations in the accumulation of vehicles by hour and by day for individual land uses. The Urban Land Institute (ULI) has documented that often on-site parking space requirements can be reduced where there are shared parking opportunities (see Shared Parking, Second Edition, ULI). This concept is also supported in the ITE Parking Generation Manual, 3rd Edition (see Appendix B). A shared parking condition exists for the project in relation to the adjacent First Baptist Church located at 2472 Walnut Ave. Due to the presence of this shared parking opportunity, it is feasible to reduce the overall parking requirement for the two sites by means of a reciprocal parking agreement, implemented and enforced by the city. Summary of Previous Parking Study A brief parking study was completed by Austin -Foust Associates (AFA) dated December 21, 1989 for the First Baptist Church. This study stated that the church requires 204 parking spaces, with 103 parking spaces provided on-site. The AFA study cites a pre-existing reciprocal parking agreement allowing the church to use 167 parking spaces of the office building located at 2492 Walnut Ave. The AFA study predicted a maximum parking demand on Sundays as follows: Medical clinic 45 spaces Church 101 spaces Total 146 spaces The AFA study predicted that there would be a surplus of 21 vacant spaces on Sundays during that period of peak parking demand. Updated Shared Parking Analysis Parking utilization of the two adjoining sites was surveyed for a typical weekday and a typical Sunday. The number of occupied parking spaces was surveyed over a continuous nine hour period from 7 AM to 3 PM on Sunday, August 23, 2009. This survey time period encompasses the hours when church services concurrently occur during hours when the medical clinic is in operation on weekends. The results of this survey are shown below: Transportation Engineering and Planning, Inc. n Occupancy Survey ��und3� ,j August 23, 200"' The number of occupied parking spaces was also surveyed from 11 AM to 8 PM on Wednesday, December 23, 2009. This time period encompasses the weekday hours of peak parking utilization for the uses occupying 2492 Walnut Ave. and the church. Occupancy Survey Wednesday, December 23, 2009 2492 Walnut 2472 Walnut - First Baptist Ree Handicaooed Green Total-, 44 2492 Walnut 0 2472 Walnut - First Baptist 2C Combined 19 ............ Reg Handicapped Green ------------------------------- ------------- Total Total 7:00 1 1 0 0 1 2 8:00 2 1 0 0 1 3 9:00 3 22 1 1 24 27 10:00 2 31 2 1 34 36 11:00 3 51 5 4 60 63 12:00 3 31 4 3 38 41 13:00 3 2 0 0 2 5 14:00 5 3 2 0 5 10 15:00 6 31 0 ------------ - ----------- 4 ...... 10 The number of occupied parking spaces was also surveyed from 11 AM to 8 PM on Wednesday, December 23, 2009. This time period encompasses the weekday hours of peak parking utilization for the uses occupying 2492 Walnut Ave. and the church. Occupancy Survey Wednesday, December 23, 2009 2492 Walnut 2472 Walnut - First Baptist Ree Handicaooed Green Total-, 44 20 0 0 2C 37 19 0 0 10 is 41 18 0 0 IE 33 17 0 1-) 41 L1_91:: 0 0 is 36 ir, n 0 if 27 9 0 0 12 7 1 0 E 4 10 2 0 1; Combined Total 64 56 59 50 60 52 36 20 16 When the project at 2492 Walnut is completed there will be 152 parking spaces on site. Currently, there are 95 parking spaces on the First Baptist Church site. In total, there will be 247 parking spaces covered under the reciprocal parking agreement. The parking occupancy survey indicates that during the hour of maximum utilization on Sunday mornings (11 AM to 12 PM), only 63 spaces (26%) of the available spaces will be occupied. There will be a surplus of 184 spaces. On typical weekday during the hour of maximum utilization (11 AM to 12 PM), only 64 spaces (26%) of the available spaces will be occupied. There will be a surplus of 183 spaces. Transportation Engineering and Planning, Inc. W AMIN Mor-11MONE2411 IN of the Tustin city code. Specifically: 1) This study has demonstrated there will be no substantial conflict in the peak hours of parking demand for the uses for which joint use is proposed. The study showed that during weekday peak hours of operation there will be a surplus of 183 spaces. However, if the site at 2472 Walnut is discontinued to be used as a church, this finding would need to be revisited. If this occurs, the reuse developer should be required to update the shared parking analysis as part of the city permit application process. 2) In accordance with procedures promulgated by the Institute of Transportation Engineers (ITE), the project located at 2492 Walnut Ave. will have adequate on-site parking by providing 152 parking spaces. 3) The number of parking spaces to be credited against the requirements for the structures involved will not exceed the number of spaces reasonably anticipated to be available during different hours of operation. The number of spaces will remain constant at 247 parking spaces. 4) The parking spaces designated for joint use are located so that they will adequately serve the uses for which they are intended. The parking spaces are located adjacent to 2492 and 2472 Walnut Ave. 4 Tpxt433 OW 0. EV_ 12/31/10 /* Transportation Engineering and Planning, Inc. Figure 1 2492 Parking Study Location Map FIGURE 2 2492 WALNUT AVENUE PARKING STUDY Parking Summary 2472 Walnut 95 spaces 2492 Walnut 152 spaces Total 247 spaces TEP30 hrmmm#rNnn PnOnmdn® and PMmkU 1� FIGURE 3 2492 WALNUT AVENUE PARKING STUDY 24721:1 WALN& Project 1-7 2492 Walnut Parking Summary Regular spaces: 147 Handicapped spaces: 5 Total spaces: 152 TEP) Tm—part-finn Pnuln-orl no andPlanning, Inc Boundary 1-7 2492 Walnut Parking Summary Regular spaces: 147 Handicapped spaces: 5 Total spaces: 152 TEP) Tm—part-finn Pnuln-orl no andPlanning, Inc