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HomeMy WebLinkAboutPC RES 4255RESOLUTION NO. 4255 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING AN AMENDMENT TO CONDITION NOS. 1.1, 5.1, 5.2, AND 10.3 OF RESOLUTION NO. 3804 FOR CONDITIONAL USE PERMIT 01 -024 TO ALLOW FOR SECOND FLOOR OFFICE USE AND AUTHORIZING A PARKING EXCEPTION OF FOUR (4) PARKING SPACES FOR THE PROPERTY LOCATED AT 155 EL CAMINO REAL. The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application to amend Condition Nos. 1.1, 5.1, 5.2, and 10.3 of Resolution No. 3804 for Conditional Use Permit 01 -024 was filed by Leason Pomeroy of LP3 Architecture, Inc. requesting to allow for second floor office use and authorization for a parking exception of four (4) parking spaces for the property located at 155 El Camino Real. B. That the Central Commercial (C2) zoning district and the Old Town Commercial General Plan land use designation provide for a variety of commercial and office uses. In addition, the project has been reviewed for consistency with the Air Quality Sub - element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub - element. C. That on September 24, 2001, the Planning Commission adopted Resolution No. 3804, approving Conditional Use Permit 01 -024 and Design Review 01 -030 authorizing the construction of a commercial building at 155 El Camino Real. D. That Condition No. 5.2 of Resolution No. 3804 limits the use of the second floor of the building to a mail order business and any modification to the use or the building shall require Planning Commission approval. E. That the Planning Commission considered the project at the March 25, 2014, Planning Commission meeting. F. That pursuant to Tustin City Code Section 9352J3(d)(3)(d) (Ordinance No. 1416), on -site parking requirements may be modified for development proposed within both the Central Commercial District (C -2) and the Old Town Commercial General Plan land use designation of the commercial portion of Old Town Tustin. All, or a portion of, the required number of on -site parking spaces may be satisfied through the payment of a fee, in an amount determined by Fee Resolution of the City Council, upon a determination of the Tustin Planning Commission that the proposed project meets specific findings. Resolution No. 4255 Page 2 G. That the Old Town Parking Exception Fee was established at $60 per space through City Council Resolution No. 12 -27 and the applicant has requested a parking exception and agreed to pay an annual fee for spaces not provided on -site. H. That the establishment, maintenance, and operation of the proposed use 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, 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; and that the project meets the required findings for a parking exception as identified in Section 9352J3(d)(3)(d) of the Tustin City Code in that: 1) As proposed, the ground floor retail use with second floor office use complies with the intent of Tustin City Code Section 9271ee(2) pertaining to professional and general offices fronting onto El Camino Real and located within the Old Town Commercial General Plan land use designation. 2) Ground floor retail /service commercial use with upper floor office use as proposed, is compatible and consistent with development within the commercial areas of Old Town Tustin. There are established and new infill buildings providing the same mix of uses as proposed in the immediate vicinity of the project site. 3) That retail use is not conducive on the second floor of a building and mail order business uses are not typical within retail buildings. 4) The proposed development meets the findings required within Section 9352J3(d)(3)(d) of the Tustin City Code to allow for the granting of a parking exception in that: a. The proposed project is a relatively recent (built in 2003) infill project which is proposing a new use. b. The existing 10,464 square foot building on a 22,487 square foot lot is relatively small for a commercial project. c. The existing craftsman building on the property is a unique contributor to the commercial building portfolio in Old Town Tustin. The building is of high quality design, materials, and construction. d. Thirty -five (35) parking stalls currently exist on the property and four (4) additional stalls would be provided through the parking exception fee program. As existing, providing Resolution No. 4255 Page 3 additional parking on the property would have reduced the size of the building, lessened its aesthetic appeal, and required additional land in Old Town to be devoted towards parking. e. The applicant will be required to pay the annual parking exception fee of $60 per parking space not provided on -site as established by the City Council f. The property would be required to comply with any other findings that may be adopted from time to time by the City Council 5) The City previously prepared the Old Town Parking Study that concluded that there is a significant amount of available parking in the area. 6) The parking exception for this project is consistent with the City's goal of introducing customer - attracting commercial uses, replacing underutilized and vacant parcels, generating jobs, increasing the number of persons shopping and working in Old Town Tustin, and fostering economic development of the surrounding areas. 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 Planning Commission hereby approves the amendments to Condition Nos. 1.1, 5.1, 5.2, and 10.3 of Resolution No. 3804 for Conditional Use Permit 01 -024 to allow for second floor office use and authorizing a parking exception of four (4) parking spaces for the property located at 155 El Camino Real subject to the conditions contained within Exhibit A attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 25th day of March, 2014. q*( � JEIFFTHOMPSON Chairperson ELIZABETH A. BINSACK Planning Commission Secretary Resolution No. 4255 Page 4 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4255 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 25th day of March, 2014. COMMISSIONER AYES: Altowaiii, Kozak, Lumbard, Smith. Thompson (5) COMMISSIONER NOES: COMMISSIONER ABSTAINED: COMMISSIONER ABSENT: ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A RESOLUTION NO. 4255 CONDITIONAL USE PERMIT 01 -024 AMENDMENT TO CONDITIONS OF APPROVAL The Planning Commission hereby amends the following conditions of approval contained within Exhibit A of Resolution No. 3804, all other conditions of approval remain in effect: GENERAL (1) 1.1 Approval of the amendment to Conditional Use Permit 01 -024 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. (1) 5.1 A minimum of thirty -nine (39) off - street parking spaces are required for the project, thirty -five (35) of which shall be provided on -site based on the requirements and standards contained within the City of Tustin Parking Ordinance; and, four (4) required parking stalls shall be satisfied through the payment of a fee, in an amount determined by Fee Resolution of the City Council pursuant to Section 9352J3(d)(3)(d) of the Tustin City Code. (1) 5.2 The ground floor shall be occupied by a retail /service commercial use and the second floor may be occupied entirely by an office use. Any modifications to the use of the building shall require approval from the Director of Community Development. (1) 5.6 In the event that the City implements programs and regulations to create a parking assessment district(s), the property owner and all successors in interest shall not contest and must participate in the implementation of such programs and regulations. (1) 5.7 That prior to the issuance of a Building Permit, the applicant shall comply with Ordinance No. 1416 by executing and recording an agreement requiring the payment of an annual fee per space not provided on -site that would compensate the City for the project's proportional use of public street and lot parking spaces. 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. 4255 CUP 01 -024 Amendment Page 2 (1) 10.3 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.