HomeMy WebLinkAbout04 TPM 2010-153 & CUP 2012-02_~ .
AGENDA REPORT
MEETING DATE: FEBRUARY 28, 2012
TO: PLANNING COMMISSION
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
ITEM # 4
SUBJECT: TENTATIVE PARCEL MAP 2010-153 AND CONDITIONAL USE PERMIT
2012-02
PROPERTY OWNER
KAMF TUSTIN, LLC
C/O MARK M. MULLEN
KLINGBEIL MEDICAL PARTNERS, LLC
615 FRONT STREET
SAN FRANCISGO, CA 94111
APPLICANT
KAMF TUSTIN, LLC
C/O MARK M. MULLEN
KLINGBEIL MEDICAL PARTNERS, LLC
615 FRONT STREET
SAN FRANCISCO, CA 94111
RECOMMENDATION
That the Planning Commission adopt Resolution No. 4189 recommending that the City
Council approve Tentative Parcel Map (TPM) 2010-153 and Conditional Use Permit
2012-02.
APPROVAL AUTHORITY
Pursuant to Tustin City Code Section 9264, joint use of parking areas is permitted
subject to the approval of a Conditional Use Permit by the Planning Commission. In
accordance with Tustin City Code Section 9323b, Tentative Parcel Maps shall be
considered by the Planning Commission for recommendation to the City Council in
compliance with 9321.b (Authority of Subdivision Decisions), with a noticed public
hearing.
BACKGROUND
Site and Surrounding Properties
The project site is centrally located east of Newport Avenue, north of Bryan Avenue and
south of East First Street with two access points, one on Newport Avenue and one from
Bryan Avenue. The primary project site is 3.911 acres (170,363 square feet) in area and
is located at 13362 - 13372 Newport Avenue (APN 500-131-01), 13422 Newport Avenue
(APN 500-131-03), and 1101 Bryan Avenue (APN 500-131-10).
Planning Commission Report
February 28, 2012
TPM 2010-153, CUP 2012-02
Page 2
The project site is known as Tustin Medical Arts and is located within the Retail
Commercial District (C-1). This district allows for a variety of commercial and office uses.
The subject property currently consists of four multi-tenant single story
medical/professional office buildings totaling 47,396 square feet with on-site common
parking and landscape areas. Additional parking is provided on adjoining parcels through
parking/ingress/egress agreements.
Surrounding uses to the north are restaurants including Chipotle and KFC, a liquor store
and amedical/professional office building; to the south are similar medical and
professional office uses, to the east are single family residential units, and to the west is
Larwin Square shopping center with commercial uses (Figure 1).
DISCUSSION AND ANALYSIS
History & Existing Approvals
The project was originally developed as a medical/professional office center (Center)
with six buildings located at 13362, 13372, 13400, 13420, and 13422 Newport Avenue
and 1101 Bryan Avenue (Figure 1). A Parcel Map (PM 71-9) divided ownership wherein
the medical/professional office building located at 13400 Newport Avenue and the
pharmacy building located at 13420 Newport Avenue were sold to other owners. The
three parcels consisting of the four buildings at 13362, 13372, and 13422 Newport
Avenue, and 1101 Bryan Avenue remained under a single ownership.
Planning Commission Report
February 28, 2012
TPM 2010-153, CUP 2012-02
Page 3
The subject property for this proposal consists of the four buildings on three parcels
which were constructed in phases. The building at 13422 Newport Avenue, located
centrally within the project site, was constructed in 1967. The buildings at 13362 and
13372 Newport Avenue located at the northernmost portion of the project site were
constructed in 1969. The building located at 1101 Bryan Avenue was constructed in
1972.
Parking and Access Agreements
The original Center development, which consisted of the six buildings (13362, 13372,
13400, 13420, and 13422 Newport Avenue and 1101 Bryan Avenue), has reciprocal
parking and ingress/egress agreements. These agreements allow all contiguous
property owners the right of reciprocal parking and access to the adjoining roadways. All
of the buildings which comprise the larger Center have continuously shared the parking
lots which have been accessible from each of the parcels since approximately 1965.
Planning Commission Report
February 28, 2012
TPM 2010-153, CUP 2012-02
Page 4
An additional agreement for ingress and egress over a strip of land at the Newport
Avenue entrance was also signed by all property owners in 1975. This agreement
allows access from Newport Avenue to all buildings within the three centers.
Tentative Parcel Map
The applicant, Mark Mullen of KAMF Tustin, LLC, is proposing Tentative Parcel Map 2010-
153 to subdivide the three existing parcels containing four office buildings into four (4)
separate parcels. The proposed Tentative Parcel Map would create a condominium office
complex to accommodate up to thirty nine (39) individually owned office suites.
No modification to the common shared or reciprocal access is proposed. All existing
shared parking and easements will remain in effect; however, the applicant will be
conditioned to provide and record Covenants, Conditions, and Restrictions (CC&Rs) which
regulate shared/reciprocal access, shared maintenance and assessment, exterior
improvements, etc. applicable to each owner of the individual condominiums.
The new parcel map for condominium purposes complies with the development standards
of the Retail Commercial District (C-1) zoning district, including building site area and lot
width, the City's Subdivision Ordinance, and with the State Subdivision Map Act.
However, a Conditional Use Permit (CUP 2012-02) has been submitted as part of the
application in order to approve joint use parking for the project site based on Tustin City
Code.
Pursuant to the City's Subdivision Code (TCC 9332), all required on and off-site
improvements must conform to City standards, the Subdivision Map Act, and applicable
Planning Commission Report
February 28, 2012
TPM 2010-153, CUP 2012-02
Page 5
provisions of the Code. The Subdivision Code requires that all existing and proposed
utilities within the subdivision and along the peripheral street to be placed underground.
Currently, the project site is served from aboveground utility lines located along the north
and east of the subject property. As conditioned, the applicant is required to underground
the electrical lines serving the subdivision and upgrade the inadequate and unpermitted
electrical connection for compliance with Building Code. However, the applicant requests
waiver of the underground utility condition pursuant to Tustin City Code Section 9332b6b.
The City Engineer has reviewed the proposal and has found that the proposed subdivision
complies with Tustin City Code Section 9332 (Improvements). Consistent with the
applicants request and based on the City Engineer's findings, undergrounding
requirements may be waived or modified by the City Council. The waiver request will be
forwarded to City Council for consideration.
Although the owner recently slurry sealed the parking lot, it does not meet City standards.
The City is requiring that the entire parking lot be scraped to the base/grade, compacted
and appropriately replaced to meet City parking lot standards. Tustin City Code Section
9332 (Improvements) requires that improvements be completed or that a subdivision
agreement with the property owner has been recorded prior to recordation of the final
map.
The Public Works Department is also requiring that the subdivider provide one (1) trash
enclosure per parcel. The parcel currently contains a single trash enclosure on one of the
parcels. This requirement would ensure that a minimum of four trash enclosures are
provided on site pursuant to the City's Trash Enclosure Standard to accommodate at least
two (2) four (4) yard bins per trash enclosure on the property, with at least one (1) bin
reserved for recyclable materials. The applicant requests waiver of the one trash enclosure
per parcel requirement from the Public Works Department. The waiver must be obtained
from the City Public Works Department Administrative Services Manager and the City's
trash hauler, CR&R.
Conditions of Approval (Conditions No. 2.1 and 4.12) have been included to insure that the
above improvements will be made within three years of approval of the Parcel Map.
Conditional Use Permit 2012-02 Joint Use Parking
A total of 181 parking spaces are located on the project parcels and an additional 79
spaces are available through the shared parking agreement. A total of 260 parking
spaces are available throughout the Center.
The Tustin City Code requires medical/dental office uses provide 1 space per 250
square feet of gross floor area for the first 4,000 square feet plus 6 spaces per 1,000
square feet of gross floor area in excess of 4,000 square feet. The site is improved with
47,376 square feet of offices, thereby a total of 277 parking spaces are required.
Section 9264a of the TCC allows for a reduction of off-street parking requirements with
an approved Conditional Use Permit and subject to specific findings for parking facilities
that are jointly used. Therefore, the applicant is applying for Conditional Use Permit No.
2012-02 for a reduction of off-street parking requirements based on the actual parking
demand.
Planning Commission Report
February 28, 2012
TPM 2010-153, CUP 2012-02
Page 6
A joint-use parking study dated February 9, 2012 (Attachment D), was conducted by
Austin-Foust Associates, Inc. which provided parking counts and a parking analysis.
The parking demand study was conducted over three week days in January and
February 2012, to determine the peak parking demand of the project site. Based on
parking demand surveys, the typical peak parking demand is 66 percent to 97 percent
of the available spaces on the three parcels (181 spaces) and 76 percent of the
available spaces (260 spaces) between the subject properties and the shared parking
site.
Based on the parking study and supporting on-site parking count assessment, the study
indicates that adequate parking availability was observed and the Center parking lots
provided more than enough parking spaces demanded by the existing tenants and
uses. The proposed project consists of converting the existing suites from rental to
individual ownership, therefore, the uses remain essentially the same as they exist
today and are not anticipated to increase exponentially. The existing parking demand is
well below the available parking, both on the subject parcels and inclusive of the
Center's shared parking parcel. As conditioned, the applicant will execute a reciprocal
parking agreement to ensure that the number of required parking spaces for each property
is provided.
Environmental Review
Pursuant. to Section 15315, Class 15, and Section 15301, Class 1, of the California
Environmental Quality Act (CEQA), TPM 2010-153 and CUP 2012-02 are exempt from the
provisions of CEQA since the project involves a minor subdivision involving four (4) or
fewer parcels that are in conformance with the General Plan and Zoning, no variances or
exceptions are required, and all services and access to the proposed parcel(s) are
available, and the proposed uses involve negligible or no expansion of an existing uses
within an existing ofFce facility.
CONCLUSION
Tentative Parcel Map 2010-153 to subdivide the existing medical office suites into four
(4) separate parcels and units for individual sale of up to 39 medical office condominium
suites and Conditional Use Permit 2012-02 for a joint use off-street parking are
consistent w/ the Tustin City Code, Subdivision Map Act, and the appropriate conditions
of approval are provided to the Planning Commission as they appear in Resolution No.
4189 (Attachment E).
y N. Stonich, AICP
Senior Planner
Elizabeth A. Binsack
Community Development Director
Planning Commission Report
February 28, 2012
TPM 2010-153, CUP 2012-02
Page 7
Attachments:
A. Location Map
B. Land Use Application Fact Sheet
C. Tentative Parcel Map 2010-153
D. Parking Study Dated February 9, 2012
E. Planning Commission Resolution No. 4189
ATTACHMENT A
LOCATION MAP
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ATTACHMENT B
LAND USE APPLICATION FACT SHEET
LAND USE APPLICATION FACT SHEET
1 LAND USE APPLICATION
NUMBER(S)
2 LOCATION:
3 ADDRESS:
4 TRACT
5 APN(S):
6 PREVIOUS OR CONCURRENT
APPLICATION RELATING TO
THIS PROPERTY:
TPM 2010-153 and CUP 2012-02
The project site is centrally located east of Newport Avenue, north
of Bryan Avenue and south of East First Street with two access
points, one on Newport Avenue and one from Bryan Avenue. The
primary project site is 3.911 acres (170,363 square feet)
13362, 13372 Newport Avenue (APN 500-131-01), 13422
Newport Avenue (APN 500-131-03), and 1101 Bryan Avenue
(APN 500-131-10)
361
APN 500-131-01, APN 500-131-03 and APN 500-131-10
PM 97-1
7 SURROUNDING LAND USES: North- restaurants including Chipotle and KFC, a liquor store and
a medical/professional office building
South -similar medical and professional office uses
East -single family residential units
West - Larwin Square shopping center with commercial uses
8 SURROUNDING ZONING North -Retail Commercial (C-1)
DESIGNATION:
South - PC Commercial
East -Single Family Residential (R-1)
West -First Street Specific Plan
9 SURROUNDING GENERAL North -Community Commercial
PLAN DESIGNATION:
South - PC Commercial/Business
East -Low Density Residential
West - PC Commercial/Business
10 SITE LAND USE: Existing- The buildings are currently used for medical, professional
and general office use.
Proposed -Same
General Plan -Community Commercial
1
LAND USE APPLICATION FACT SHEET
DEVELOPMENT FACTS:
11 SITE AREA
12 BUILDING LOT COVERAGE
13 SITE LANDSCAPING
14 OPEN SPACE:
15 PARKING
16 BUILDING HEIGHT:
17 BUILDING SETBACKS
18 OTHER UNIQUE CONDITIONS
ASSOCIATED TO THE
.PROPERTY (LE. SPECIAL
STUDY ZONES, EASEMENTS,
ETC. )
Zoning - C-1
PROPOSED GP: Same
PROPOSED ZONING: Same
3.911 acres (170,363 square feet)
MAX. PERMITTED: Less setbacks
PROPOSED: No changes
18,626 sq. ft.
N/A
REQUIRED: Medical/dental office uses provide 1 space per 250
square feet of gross floor area for the first 4,000 square feet plus
6 spaces per 1,000 square feet of gross floor area in excess of
4,000 square feet (277 required).
PROPOSED: Section 9264a of the TCC allows for a reduction of
off-street parking requirements with an approved Conditional Use
Permit and subject to specific findings for parking facilities that are
jointly used. Therefore, the applicant is applying for Conditional
Use Permit No. 2012-02 for a reduction of off-street parking
requirements based on the actual parking demand (181 available
on-site).
MAXIMUM: 35 feet
PROPOSED: No change
REQUIRED PROPOSED
FRONT: Zero No Change
SIDE: 10 feet when abuts Residential No Change
REAR: None, 5 feet when abuts Residential No Change
Reciprocal parking and ingress/egress agreements
2
ATTACHMENT C
TENTATIVE PARCEL MAP 2010-153
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9
ATTACHMENT D
PARKING STUDY DATED FEBRUARY 9, 2012
City of Tustin
TUSTIN MEDICAL ARTS
MEDICAL OFFICE BUILDINGS
(13422,13362,13372 NEWPORT AVENUE AND 1101 BRYAN AVENUE)
SUPPLEMENTAL PARKING STUDY
Prepared by:
Austin-Foust Associates, Inc.
2223 Wellington Avenue, Suite 300
Santa Ana, California 92701-3161
(714) 667-0496
February 9, 2012
TUSTIN MEDICAL ARTS MEDICAL OFFICE BUILDINGS
SUPPLEMENTAL PARKING STUDY
Tustin Medical Arts Medical Office Buildings situated at 13422 Newport Avenue in the City of
Tustin is proposing to subdivide three parcels on the site for commercial office condominium purposes.
Austin-Foust Associates, Inc. (AFA) prepared a parking study (September 2011) in support of the
project's application. The current site has existing reciprocal parking and access agreements in place and
the proposed conversion to office condominiums will not change those pre-existing conditions in any
manner.
During staff review of the project, a question was raised regarding the number of spaces provided
on each parcel as well as the peak parking accumulation. This supplemental report addresses that issue.
ANALYSIS
The original parking study collected parking accumulation on a hourly basis for three midweek
workdays (Tuesday through Thursday) from 7:00 AM unti16:00 PM. The parking lots were broken down
into subareas for analysis and reporting purposes. However, these parking zones did not correspond with
the individual parcel lines. As a result, the parking zones were subsequently redrawn to coincide with the
parcel boundaries and additional parking observations conducted. Since the previous parking
accumulation count data clearly indicated the peak parking demand routinely occurs at 11:00 AM with a
lesser peak between 3:00 and 4:00 PM, the supplemental counts were collected during those peak demand
periods.
The entire parking lot is broken down into the individual parcels as illustrated in Figure 1. It
should be noted that in some instances the parcel lot lines run right through individual parking rows.
Examination of this figure shows a total of six parcels which share reciprocal access and parking rights.
Parcels 1 to 4 are proposed for conversion to commercial condominiums. Parcel 5 and 6 are situated on
the same site and are part of the overall shared parking and access agreements but are not included in the
conversion to condominiums proposed for Parcels 1 to 4. Currently Parcels 1 and 2 are a single parcel
that will be split into two separate parcels as part of the condominium conversion process.
Tustin Medical Arts Medical Office Buildings 1 Austin-Foust Associates, Inc.
Supplemental Pazking Study 1201001sps.doc
k
The peak parking data was collected on three midblock weekdays during January and February
2012 with the results shown in Table 1. The entire parking count data is presented in the appendix
parking accumulation.
Table 1
PEAK PARKING DEMAND (BY PARCEL)
(11:00 AM Tuesday February 7, 2012)
Parcel No. Available S aces Em S aces Available Percent Utilization
1 43 10 77%
2 31 4 87%
3 36 1 97%
4 71 24 66%
5 36 13 64%
6 43 10 77%
TOTAL 260 62 76%
CONCLiJSIONS
In summary, it is concluded that the overall maximum peak parking demand for the Tustin
Medical Arts Medical Office Buildings is about 76 percent utilization of the total available supply (260
total spaces). The average utilization on a parcel by parcel comparison varies from a low of 66 percent to
a maximum of 97 percent during the peak utilization. As might be expected, the maximum utilization
occurs in the two parcels situated on the northeast corner of the site (Parcels 2 and 3) where only 67
spaces are available. However, even under the absolute peak parking conditions, there remains at least 62
unused parking spaces available on the site.
Tustin Medical Arts Medical Office Buildings 3 Austin-Foust Associates, Inc.
Supplemental Parking Study 1201001sps.doc
TUSTIN MEDICAL ARTS MEDICAL OFFICE BUILDING
PEAK PARKING DATA SUMMARY
Parcel Number Total S aces Vacant S aces Percent Occu anc
Janua 17, 2012 3: 00 PM
1 43 19 56%
2 31 4 87%
3 36 4 89%
4 71 27 62%
5 36 8 78%
6 43 10 77%
Totals 260 72 72%
Februa 7, 2012 11:00 AM
1 43 10 77%
2 31 4 87%
3 36 1 97%
4 71 24 66%
5 36 13 64%
6 43 10 77%
Totals 260 62 76%
Februa 7, 2012 3: 00 PM
1 43 19 56%
2 31 4 87%
3 36 4 89°l0
4 71 27 62%
5 36 8 78%
6 43 10 77%
Totals 260 72 72%
Februa 8, 2012 11:00 AM
1 43 20 53%
2 31 1 97%
3 36 2 94%
4 71 35 51%
5 36 7 81%
6 43 6 86%
Totals 260 71 73%
Februa 8, 2012 4:0 0 PM
1 43 15 65°l0
2 31 11 65%
3 36 6 83%
4 71 47 34%
5 36 23 36%
6 43 18 58%
Totals 260 120 54%
tusnn Meaicat Arts Medical Office Buildings 4 Austin-Foust Associates, Inc.
Supplemental Pazking Study 1201001sps.doc
TUSTIN MEDICAL ARTS MEDICAL OFFICE BUILDING
PEAK PARKING DATA SUMMARY
Parcel Number Total S aces Vacant S aces Percent Occu anc
Februa 9, 2012 11:00 AM
1 43 20 53%
2 31 1 97%
3 36 2 94%
4 71 35 51%
5 36 7 81%
6 43 6 86%
Totals 260 71 73%
Februa 9, 2012 3:0 0 PM
1 43 8 81%
2 31 10 68%
3 36 4 89%
4 71 36 49%
5 36 21 42%
6 43 8 81%
'totals 260 87 67%
'Tustin Medical Arts Medical Office Buildings 5 Austin-Foust Associates, Inc.
Supplemental Pazking Study 1201001sps.doc
Li ' °~ ei~,~~C~`
13422 NEWPORT AVENUE
A Sandi E. Silva, D.D.S.
61C M. Roberta Dornan, D.D.S.
E Anil K. Mahajan, DDS
F James Lockwood, D.D.S.
G Vacant
H Rital Ellithorpe MD, TLC Lab
I Tustin Teleradiology Med Grp, Inc
J Samireh Said, M.D.
L & D Rita R. Ellithorpe, d/b/a Tustin Longevity Center TLC
N Robert L. Swenson, D.D.S.
13362 NEWPORT AVENUE
A Sosin, Inc.
B GKK Investments d/b/a American Wt. Loss Centers
C Antoni Nguyen, d/b/a Tustin Bodyworks
D William D. Saraiva, D.D.S.
E / F Vacant
G Paul D. Braun, D.D.S.
13372 NEWPORT AVENUE
A J. R. Altamirano MD
B Hitesh Patel, MD
C Chetan Mehta, DDS
D Amber Voitenko, DC
E James Zahrowski, DMD
F Nadia Rezaiamiri, DDS
G Ivanka Srbinovska, DDS 8, Milos Boskovic, DDS
H Vacant
I Sean Milam, MD
1101 BRYAN AVENUE
Al Brett Bowman, OD
A2 Genesis Medical Aesthetics
B ArfhurTurk, M.D., Allergy Specialist
C E. Dean Azzeh, DDS
D Norman Hollis, DDS
E/F Comprehensive Healthcare
2/9/2012
ATTACHMENT E
PLANNING COMMISSION RESOLUTION NO. 4189
RESOLUTION NO. 4189
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN RECOMMENDING THAT THE CITY COUNCIL
APPROVE TENTATIVE PARCEL MAP 2010-153 TO SUBDIVIDE
THE EXISTING THREE (3) MEDICAL OFFICE PARCELS INTO
FOUR (4) SEPARATE PARCELS AND UNITS FOR INDIVIDUAL
SALE OF UP TO 39 MEDICAL OFFICE CONDOMINIUM SUITES
AND CONDITIONAL USE PERMIT 2012-02 FOR JOINT-USE
PARKING FOR THE PROPERTY LOCATED AT 13362 - 13372
NEWPORT AVENUE (APN 500-131-01), 13422 NEWPORT
AVENUE (APN 500-131-03), AND 1101 BRYAN AVENUE (APN
500-131-10)
The Planning Commission of the City of Tustin does hereby resolve as follows:
The Planning Commission finds and determines as follows:
A. That a proper application for Tentative Parcel Map 2010-153 (TPM 2010-153)
Conditional Use Permit 2012-02 (CUP 2012-02) was filed by Mark Mullen of
KAMF Tustin, LLC, requesting authorization to subdivide three existing parcels
containing four office buildings into four (4) separate parcels with shared
parking;
B. That the site is Zoned Community Commercial (C-1) and has a General Plan
Land Use Designation of Community Commercial and the proposed subdivision
is in conformance with the Community Commercial land use designation of the
Tustin General Plan and the Community Commercial (C-1) zoning district;
C. That the proposed subdivision, as conditioned, is consistent with the
requirements of the Subdivision Map Act, the Subdivision Code and other
applicable provisions of the Tustin City Code and State law.
D. That pursuant to Tustin City Code, Planning Commission approval of a
Conditional Use Permit is required for all other parking areas with joint-use
parking. A Conditional Use Permit (CUP 2012-02) has been submitted as part
of the application for a reduction in off-street parking for joint-use parking
consistent with the following requirements:
A parking study dated February 9, 2012, was prepared by Austin-Foust
Associates, Inc., a California licensed traffic engineering firm, experienced
in the preparation of such study and submitted by the applicant
demonstrating that no substantial conflict will exist in the peak hours of
parking demand for the uses for which joint-use is proposed. The
methodology to be used in preparing the study such that promulgated by
the Institute of Transportation Engineers (ITE);
2. The number of parking spaces which is credited against the requirements
for the structures or uses involved do not exceed the number of spaces
reasonably anticipated to be available during different hours of operation
(260 spaces for the Center);
Resolution No. 4189
Tentative Parcel Map 2010-153 CUP 2012-02
Page 2
3. Parking spaces designated for joint-use (total of 260 spaces) are located
so that they will adequately serve the uses for which they are intended;
4. A written and recorded 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 and has been made a condition of approval.
E. That the applicant requests waiver of the underground utility condition pursuant
to Tustin City Code Section 9332b6b and waiver of the one trash enclosure
requirement from the Public Works Department;
F. That the City Engineer has found that the proposed subdivision complies with
Tustin City Code Section 9332 (Improvements) which requires that no final
map shall be presented to the City Council for approval until all required
improvements have been completed or that a subdivision agreement with the
property owner has been recorded. Specifically, the City Engineer finds that
all provisions of Section 9332 have been complied with, including:
1. As conditioned, all existing and proposed utilities within the subdivision
will be placed underground.
2. Undergrounding requirements may be waived or modified by the City
Council only upon finding:
a) The subdivision is within an area where existing utilities have
not been undergrounded and that deferral will be allowed since
undergrounding is impractical due to physical constraints, or
the surrounding neighborhood is absent of similar
improvements; and
b) Overhead utilities will have no significant visual impact.
3. If the undergrounding requirements are waived by the City Council, as
allowed by findings 2(a) and (b) above, the in-lieu fee as established
by the City Engineer shall be made a condition of approval of the
tentative map.
4. In-lieu fees shall be deposited in a special undergrounding account to
be used as approved by the City Council for future undergrounding of
utilities throughout the City.
5. Improvements for asphalt repair and installation of trash enclosures
shall be required as conditions of approval of the Tentative Parcel Map
in accordance with the approved standards as established by the City
Council.
Resolution No. 4189
Tentative Parcel Map 2010-153 CUP 2012-02
Page 3
G. That Pursuant to Section 15315, Class 15, and Section 15301, Class 1, of the
California Environmental Quality Act (CEQA), TPM 2010-153 and CUP 2012-02
are exempt from the provisions of CEQA since the project involves a minor
subdivision involving four (4) or fewer parcels that are in conformance with the
General Plan and Zoning, no variances or exceptions are required, and all
services and access to the proposed parcel(s) are available, and the proposed
uses involve negligible or no expansion of an existing uses within an existing
office facility; and
H. That a public hearing was duly called, noticed, and held for said map on
February 28, 2012, by the Planning Commission.
The Planning Commission hereby recommends that the City Council approve
Tentative Parcel Map 2010-153 to subdivide the existing three (3) medical office
parcels into four (4) separate parcels and units for individual sale of up to 39 medical
office condominium suites and Conditional Use Permit 2012-02 for joint-use parking
for the parcels located at 13362 - 13372 Newport Avenue (APN 500-131-01), 13422
Newport Avenue (APN 500-131-03), and 1101 Bryan Avenue (APN 500-131-10)
PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission held on the
28th day of February, 2012.
JEFF R. THOMPSON
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 Planning Commission of the City of Tustin, California; that
Resolution No. 4189 was duly passed and adopted at a regular meeting of the Tustin Planning
Commission, held on the 28t"day of February, 2012.
ELIZABETH A. BINSACK
Planning Commission Secretary
EXHIBIT A
RESOLUTION N0.4189
TENTATIVE PARCEL MAP 2010-153 and CONDITIONAL USE PERMIT 2012-02
13362, 13372, 13422 NEWPORT AVENUE & 1101 BRYAN AVENUE
CONDITIONS OF APPROVAL
GENERAL
(1) 1.1 The proposed project shall substantially conform with the approved plans
for the project 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 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) 1.3 Pursuant to TCC 9264a4, 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 13362, 13372 Newport Avenue (APN 500-131-01), 13422 Newport
Avenue (APN 500-131-03), and 1101 Bryan Avenue (APN 500-131-10),
and all parties concerned assuring the continued availability of the
number of parking spaces designated for joint-use and the availability of
reciprocal access easements.
(1) 1.4 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 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:
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. 4189
TPM 2010-153 and CUP 2012-02
Page 2
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 and/or professional
office uses within the buildings at 13362, 13372 Newport Avenue
(APN 500-131-01), 13422 Newport Avenue (APN 500-131-03), and
1101 Bryan Avenue (APN 500-131-10). 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.
e) 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.
f) All private driveways, sidewalks, parking lots, 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.
g) 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.
h) Membership in the association shall be inseparable from
ownership in individual units.
i) 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.
Exhibit A
Resolution No. 4189
TPM 2010-153 and CUP 2012-02
Page 3
j) 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.
k) The CC&Rs shall include the
between each of the parcels.
agreement shall be reviewed
Development Director.
provisions of joint/shared parking
Change to the joint/shared parking
and approved by the Community
(1) 1.5 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) 1.6 Approval of Tentative Parcel Map 2010-153 and CUP 2012-02 is
contingent upon the applicant 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) 1.7 The approval of a tentative parcel shall expire twenty-four (24) months
from the date of its approval pursuant to TCC 9321 h unless an extension
is provided pursuant to the Subdivision Map Act.
(1) 1.8 All existing and proposed utilities within the subdivision shall be placed
underground. In addition, the applicant shall upgrade the inadequate
electrical connections serving the buildings located within the subdivision
boundaries.
(1) 1.9 The property shall be maintained in conformance with Tustin City Code
requirements, including but not limited to conformance with the City Sign
Ordinance. Any violation of any of the conditions imposed is subject to code
enforcement action and the issuance of an administrative citation pursuant
to Section 1162(a) of the Tustin City Code.
(1) 1.10 As a condition of approval of Conditional Use Permit 2012-02, 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
Exhibit A
Resolution No. 4189
TPM 2010-153 and CUP 2012-02
Page 4
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 sale cost and expense, elect to
participate in defense of any such action under this condition.
(1) 1.11 Conditional Use Permit 2012-02 may be reviewed annually or more often, if
deemed necessary by the Community Development Department, to ensure
compatibility with the area and compliance with the conditions contained
herein. If the use is not operated in accordance with conditions of approval
included in this Exhibit, or is found to be a nuisance or negative impacts are
affecting the surrounding tenants or neighborhood, the Community
Development Director may impose additional conditions to eliminate the
nuisance or negative impacts, or may initiate proceedings to revoke the
Conditional Use Permit.
Planning Division and the Successor Agency to the Redevelopment Agency
(5) 2.1 Prior to final map approval, the Applicant/Owner shall post a bond or other
method of surety along with an agreement pursuant to TCC 9332k for
completion of improvements on the parking lot within thirty-six (36) months
of the approval of the Tentative Parcel Map. The agreement shall
specifically include the removal and replacement of the entire parking lot to
meet City parking lot standards to the satisfaction of the Community
Development Director.
(5) 2.2 Prior to final map approval, the Applicant shall bring the project site into
compliance with applicable Tustin City Code including but not limited to
Zoning Code, Sign Code, Building Code, etc.
(5) 2.3 Prior to final map approval, the building eaves shall be repaired/restored and
painted on the building at 13372 Newport Avenue subject to review and
approval by the Successor Agency to the Redevelopment Agency and the
Community Development Director.
(5) 2.4 Prior to final map, plans and a color and material board for construction of
the new framing and stucco treatment shall be reviewed and approved by
the Successor Agency to the Redevelopment Agency and the Community
Development Director.
Building Division
(3) 3.1 Plans and permits will be required to remove the roof structure connecting
buildings located on proposed Parcels "2" and "3" of TPM 2010-153 and install
fire rated doors adjacent to the property line between proposed Parcels "2"
and "3".
(3) 3.2 At the time of building permit application, the plans shall comply with the latest
edition of the codes, City Ordinances, State, Federal laws, and regulations as
adopted by the City Council of the City of Tustin.
Exhibit A
Resolution No. 4189
TPM 2010-153 and CUP 2012-02
Page 5
Public Works Department
(1) 4.1 Preparation and recordation of a final subdivision map shall be required.
(1) 4.2 Prior to recordation of the final map, the applicant is required to execute a
subdivision and monumentation agreement and furnish improvement and
monumentation bonds, all on forms acceptable to the City.
(5) 4.3 The applicant shall satisfy dedication and/or reservation requirements as
applicable, including, but not limited to, dedication in Fee Title of all required
street rights-of-way; dedication of all required flood control right-of-way
easements; and dedication of vehicular access rights, sewer easements,
and water easements defined and approved as to specific locations by the
City Engineer (at no cost to the City) and/or other agencies.
(5) 4.4 The applicant shall design and re-construct the existing concrete driveways
along Newport Avenue and Bryan Avenue to current Federal Americans with
Disabilities Act (ADA) requirements and City of Tustin Standard Drawings.
The applicant shall submit to the Public Works Department 24" x 36"
reproducible street improvement plans and construction area traffic control
plans, as prepared by a California Registered Civil Engineer, for approval.
The traffic control plan shall be prepared by a California Registered Traffic
Engineer or Civil Engineer experienced in this type of plan preparation.
(1) 4.5 Prior to approval of Parcel Map 2010-153, the applicant shall provide a
written approval permit from the Orange County Sanitation District (OCSD).
(1) 4.6 An access easement for emergency vehicles, public services, public utilities,
and other necessary public access must be provided between proposed
parcels. This access shall be shown on the Final Map.
(1) 4.7 Prior to any work in the public right-of-way, an Encroachment Permit shall
be obtained from and applicable fees paid to the Public Works Department.
(1) 4.8 Prior to issuance of an Encroachment Permit for construction within the
public right-of-way, a 24" x 36" construction area traffic control plan, as
prepared by a California Registered Traffic Engineer, or Civil Engineer
experienced in this type of plan preparation, shall be prepared and
submitted to the Public Works Department for approval.
(1) 4.9 Any damage done to existing public street improvements and/or utilities
shall be repaired to the satisfaction of the City Engineer before acceptance
of the tract.
(1) 4.10 CADD Requirements - In addition to the normal full-size map and plan
submittal, all final maps and plans including, but not limited to, tract maps,
parcel maps, right-of-way maps, records of survey, public works
improvements, private infrastructure improvements, final grading plans, and
site plans shall be submitted to the Public Works Department in computer
Exhibit A
Resolution No. 4189
TPM 2010-153 and CUP 2012-02
Page 6
aided design and drafting (CADD) format to the satisfaction of the City
Engineer. The standard file format is AutoCAD Release 2007, or latest
version, having the extension "DWG". All layering and linotype conventions
are AutoCAD-based (latest version available upon request from the Public
Works Department). The CADD files shall be submitted to the City at the
time plans are approved, and updated CADD files reflecting "as built"
conditions shall be submitted once all construction has been completed. No
project bonds will be released until acceptable "as built" CADD files have
been submitted to the City.
(1) 4.11 Prior to final map, the applicant/subdivider needs to clarify if the domestic
water and irrigation water will be paid for by the association or if each of the
condo units will be individually metered.
(1) 4.12 Prior to final map, the applicant shall provide one (1) trash enclosure per
parcel. All trash enclosures shall utilize the City of Tustin Community
Development Department's Trash Enclosure Standard to accommodate at
least two (2) four (4) yard bins per trash enclosure on the property, with at
least one (1) bin reserved for recyclable materials. The number of trash
enclosures shall be consistent with City requirements or a waiver of this
requirement must be obtained from the City Public Works Department
Administrative Services Manager and the City's trash hauler, CR&R.
The trash enclosure(s), including gate replacement, etc., shall be
coordinated with and approved by the Community Development
Department.