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HomeMy WebLinkAboutZA Action 13-006ZOIIhIG CUP 2013-005 TREEHAVEN PLAZA LOCATED AT 17601 17 TH STREET The Zoning Administrator of the City of Tustin does hereby resolve as follows: The Zoning Administrator finds and determines: A. A proper application for Conditional Use Permit 2013-005 by Dan Mac Lellan of Mac Lellan Construction, on behalf of 17601 17th Street, LLC, to allow for a reduction of off -street required parking to accommodate additional medical uses within the existing building at Treehaven Plaza located at 17601 17th Street; B. That the site is designated as Planned Community Commercial/Business by the City General Plan and is within the Planned Community Commercial District (PC C); C. That pursuant to Section 9264a, parking facilities may be used jointly for nonresidential uses with different peak hours of operation with the approval of a Conditional Use Permit; D. That pursuant to Section 9264a5 of the Tustin City Code, the Zoning Administrator has the authority to approve a minor Conditional Use Permit for parking areas serving structures totaling less than 30,000 square feet; E. That Conditional Use Permits (CUP) shall be granted only when such CUP are found to be in conformance with the General Plan and when the establishment, maintenance, or operation of the use applied for will not, under the circumstances of the particular use, be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood of such proposed use, or injurious or detrimental to property and improvements in the neighborhood or the general welfare of the City. Such findings can be made and are evidenced as follows: 1. A parking study in accordance with Tustin City Code Section 9264a1 was prepared by a licensed traffic engineer and submitted which demonstrated that, the application of the recommended ratio of 4.27 spaces per 1,000 SF for medical use and the ratio of 3.0 spaces per 1,000 SF for general office use is applicable. Based on the existing supply of 65 spaces, the site can adequately support converting a maximum of 1,506 SF of general office to medical office, resulting in a future tenancy mix of 5,503 SF of medical office (28%) at the most, and a remainder of 14,049 SF of general office (72%). Zoning Administrator Action 13-006 CUP 2013-005 Page 2 2. The proposed use, as conditioned, will not be detrimental to surrounding properties in that the hours and operations of the medical and general office uses are compatible with surrounding uses. 3. The proposed medical use, as conditioned, will not exceed the number of spaces reasonably anticipated to be available during different hours of operation and, therefore, will not have a negative effect on surrounding properties, or impact traffic or the ability to park on-site in that sufficient parking would be available on-site to support a maximum ratio of medical and general offices uses. 4. That a written and recorded agreement, in the form of the City's Standard Agreement to Conditions Imposed, shall be drawn to the satisfaction of the Community Development Director and executed by all parties concerned assuring the continued availability of the number of parking spaces designated for joint use of parking between medical and general office use tenants. 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). II. The Zoning Administrator hereby approves Conditional Use Permit 2013-005 allowing the use of up to 5,503 square feet of medical office and 14,049 square feet of general office use with the a reduction of required off -street parking through joint use of parking within the existing building 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 14th day of August 2013. 5:7> ELIZABETH A. BINSACK ZONING ADMINISTRATOR I ADRIANNE DILEVA-JOHNSON RECORDING SECRETARY Zoning Administrator Action 13-006 CUP 2013-005 Page 3 s 1 "05 o v 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 13-006 was duly passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 14th day of August, 2013. .I A # M ' Al 'J [IffL E:K?%IBIT A ZONING ADMINISTRATOR ACTION 13-006 CUP 2013-005 ygFp • _Ij j7THS , 3r-l?,FF- The proposed project shall substantially conform with the submitted plans for the project date stamped August 14, 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 Conditional Use Permit 2013-005 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 approval is limited to the conversion of a maximum of 5,503 square feet of general office to medical office. This would result in a maximum tenancy mix of 5,503 square feet of medical office use (28%) and a remainder of 14,049 square feet of general office use (72%). The applicant shall provide and maintain a minimum 65 parking spaces at the subject property to accommodate said medical uses. Any change in the number of parking spaces shall be submitted for review 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 an updated parking demand analysis, a traffic study and the applicant shall bear all associated costs. If said study indicates that there is inadequate parking or a traffic 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: Exhibit A Conditions of Approval CUP 2013-005 Page 2 b. Provide additional parking C. Reduce medical office use floor area 7. Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashiers 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.