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HomeMy WebLinkAboutZAA 2013-005•' 1 li ,,OVA A The Zoning Administrator of the City of Tustin does hereby resolve as follows: The Zoning Administrator finds and determines: A. A proper application for Minor Adjustment 2013 -002 was filed by Bob Richardson, on behalf of Young's Holding, LLC., to convert approximately 3,500 square feet of warehouse and storage area into offices and to allow for a decrease in the required number of parking spaces by ten percent (10 %), or twenty -eight (28) spaces; B. That the site is designated as Planned Community Commercial/Business by the City General Plan and is within the Planned Community Industrial zoning district and Irvine Industrial Complex Planned Community Development; C. That pursuant to Section 9299b(1)(f) of the Tustin City Code, the Zoning Administrator has the authority to approve minor adjustments of a decrease of not more than 10 percent in the number of required off - street parking spaces for nonresidential land uses; D. That the establishment, maintenance, and operation of the use applied for, under the circumstances of this case, constitutes a special circumstance unique to the land based on hardship where the strict literal interpretation of the zoning code deprives the property of privileges enjoyed by other properties in the area as evidenced by the following findings: 1. That the use as a corporate office is consistent with the intent of the General Plan and the Irvine Industrial Complex District Regulations which provides for a variety of light industrial and office uses. 2. That the project only involves the conversion of existing floor area currently being used as warehouse and storage into office spaces. No addition of floor area is being proposed; thereby the strict application of the parking requirements would deprive the subject property from using the existing building to its maximum potential. 3. That the intent of the parking regulation is preserved in that the proposed change would not cause any parking impact to the subject property or the immediate vicinity since the property owner, as the sole tenant on the property, has control over how the subject property is used, including the parking area. Zoning Administrator Action 13 -005 MA 2013 -002 Page 2 4. That the existing 254 parking spaces will be sufficient to serve the intended office use and future office conversion in that the existing number of employee is 200 and the future number of employee will be 210 therefore adequate number of parking spaces are provided for current employees and potential future growth of employees. 5. That the adjusted decrease in the number of parking spaces will not be detrimental to the public health, safety or general welfare or materially injurious to properties located in general vicinity in that the property is occupied by a single tenant and parking associated with the subject property will be contained on the property and as conditioned, the applicant will be required to address any negative parking impacts, if any. E. This project is Categorically Exempt pursuant to Section 15301 (Class 1) of the California Code of Regulations (Guidelines for the California Environmental Quality Act). 11. The Zoning Administrator hereby approves Minor Adjustment 2013 -002 allowing the conversion of approximately 3,500 square feet of warehouse space and storage area into offices and a decrease in the required number of off - street parking spaces by ten percent (10 %), or twenty -eight (28) spaces, subject to the conditions contained within Exhibit A, attached hereto. PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin, at a regular meeting on the 29th day of May 2013. ZONING ELIZABETH A. BINSACK ADMINISTRATOR 0 11 •.11 .. Zoning Administrator Action 13-005 MA 2013-002 Page 3 STATE OF CALIFORNIA COUNTY • ORANGE CITY OF TUSTIN 1, Adrianne DiLeva-Johnson, the undersigned, hereby certify that I am the Zoning Administrator Secretary of the City of Tustin, California; that Zoning Administrator Action 2013-005 was duly passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 29th day of May, 2013. ADRIANNE DILEVA-JOHNSON RECORDING SECRETARY EXHIBIT A MINOR ADJUSTMENT 2013-002 14402 FRANKLIN AVENUE CONDITIONS OF "' • 1. The proposed project shall substantially conform with the submitted plans for the project date stamped May 29, 2013, on file with the Community Development Department, as herein modified, or as modified by the Zoning Administrator in accordance with this Exhibit. The Community Development 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. 2. Unless otherwise specified, the conditions contained in this Exhibit shall be complied with prior to the issuance of any building permits for the project, subject to review and approval by the Community Development Department. 3. This approval shall become null and void unless the use is established within twelve (12) months of the date of this Exhibit. Time extensions may be granted if a written request is received by the Community Development Department within thirty (30) days prior to expiration. 4. Approval of Minor Adjustment 2013 -002 is contingent upon the applicant and property owner signing and returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the property owner signing and recording with the County Clerk- Recorder a notarized "Notice of Discretionary Permit Approval and Conditions of Approval' form. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. 5. The applicant shall provide and maintain a minimum 254 parking spaces at the subject property. Any change in the number of parking spaces provided must be approved by the Community Development Department. 6. If in the future the City determines that a parking, traffic, or noise problem exists on the site or in the vicinity as a result of the proposed project, the Community Development Director may require the applicant to prepare a parking demand analysis, traffic study, or noise analysis and the applicant shall bear all associated costs. If said study indicates that there is inadequate parking or a traffic or noise problem, the applicant shall be required to provide mitigation measures to be reviewed and approved by the Community Development Department and /or Public Works Department. Said mitigation may include, but are not limited to, the following: a. Establish alternative hours of operation. b. Provide additional parking. Exhibit A Conditions of Approval MA 2013 -002 Page 2 7. 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.