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HomeMy WebLinkAboutZAA 14-005ZONING ADMINISTRATOR ACTION 14 -005 CONDITIONAL USE PERMIT 2014 -14 1451 IRVINE BOULEVARD The Zoning Administrator of the City of Tustin does hereby resolve as follows: I. The Zoning Administrator finds and determines as follows: A. That a proper application was filed by John Somers of MemorialCare Medical Foundation, requesting authorization for a reduction of off- street parking requirements through a joint -use of parking facility to accommodate a new medical office /clinic at 1451 Irvine Boulevard, also known as the Tustin Courtyard. B. That the site is designated as Professional Office by the City General Plan and is zoned Professional District (Pr) which provides for a variety of professional office uses. The project is consistent with the Air Quality Sub - element of the City of Tustin General Plan. C. That the site is improved with a 22,671 s.f. of existing office building with 103 on -site parking spaces. D. That based upon the City's parking requirements for medical /dental offices /clinics (1 space for each 250 s.f. for the first 4,000 s.f. and 6 spaces for each 1,000 sf in excess of 4,000 s.f.), the proposed 22,671 s.f. medical facility would require 128 parking spaces. E. That Tustin City Code (TCC) Section 9264 allows for parking facility to be used jointly for non - residential uses with different peak hours of operation with the approval of a Conditional Use Permit (CUP). F. That the proposed medical facility will provide several services on- site, such as primary care, lab, radiology and urgent care with different hours of operation. A patient may use one or more of these services in the same office visit. As a result, the shared parking demand for the entire facility is anticipated to be less than if each independent service was parked in isolation while medical - dental office /clinic parking rates typically assume a patient arrives to see a physician and departs after a single office visit. G. That a parking study, in accordance with TCC Section 9264a1, was prepared and submitted by a licensed traffic engineer and demonstrated no substantial conflict exists in the peak hours of parking demand for the use for which the joint -use parking is proposed and that the number of parking spaces available on site is adequate to serve the proposed uses. Zoning Administrator Action 14 -005 CUP 2014 -14 Page 2 H. That pursuant to the TCC Section 9264a5, Zoning Administrator approval is required for a reduction of off- street parking requirements through a joint -use parking. I. That a public hearing was duly called, noticed, and held for CUP 2014 -14 on September 2, 2014, by the Zoning Administrator. J. 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 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. TCC Section 9264 allows for a joint use of parking areas for uses with different peak hours of operation with the approval of a CUP. 2. A parking study prepared by a licensed traffic engineer in accordance with TCC Section 9264a1 was submitted and demonstrated no substantial conflict exists in the peak hours of parking demand for the use for which the joint -use parking is proposed and that the number of parking spaces available on site is adequate to serve the proposed uses. 3. The proposed use, as conditioned, will not be detrimental to surrounding properties in that the project site is located on a corner lot and access to and from the project site are from Red Hill Avenue and Browning Avenue away from the surrounding residential uses; thereby no traffic impact is anticipated. 4. The proposed use, as conditioned, will not have a negative effect on surrounding properties, or impact traffic on the ability of parking in that sufficient parking would be available on -site. K. 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 CUP 2014 -14 authorizing a reduction in required parking through a joint use parking for the proposed medical office facility located at 1451 Irvine Boulevard subject to the conditions contained within Exhibit A, attached hereto. Zoning Administrator Action 14 -005 CUP 2014 -14 Page 3 PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin, at a regular meeting on the 2nd day of September, 2014. ELIZABETH A. BINSACK ZONING ADMINISTRATOR VE ISCA'�ENV\ RECORDING SECRETARY STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Vera Tiscareno, the undersigned, hereby certify that I am the Zoning Administrator Secretary of the City of Tustin, California; that Zoning Administrator Action 14 -005 was duly passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 2nd day of September, 2014. • GENERAL EXHIBIT A ZONING ADMINISTRATOR ACTION 14 -005 CONDITIONAL USE PERMIT 2014 -14 CONDITIONS OF APPROVAL The proposed project shall substantially conform with the submitted plans for the project date stamped September 2, 2014, 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 (TCC). (1) 1.2 Unless otherwise specified, 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 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 Conditional Use Permit (CUP) 2014 -14 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 Community Development Director, and evidence of recordation shall be provided to the Community Development Department. (1) 1.5 Any violation of any of the conditions imposed is subject to the issuance of an Administrative Citation pursuant to TCC Section 1162(a). (1) 1.6 CUP 2014 -14 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 CUP 2014 -14, 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 CUP. Conditions of Approval Exhibit A CUP 2014 -14 Page 2 (1) 1.7 As a condition of approval of CUP 2014 -14, 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 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 sole cost and expense, elect to participate in the defense of any such action under this condition. (1) 1.8 The applicant 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. USE RESTRICTIONS ( * * *) 2.1 Conditions of Approval include a maximum of 22,671 square feet of medical uses. Any change to the uses will require Community Development Department approval. 2.2 If in the future the City determines that a parking 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 and bear all associated costs. If the study indicates that there is inadequate parking, the applicant shall be required to provide immediate interim and permanent mitigation measures to be reviewed and approved by the Community Development Department and the Public Works Department. Said mitigation may include, but are not limited to, the following: a. Establish alternative hours of operation. b. Reduce the number of appointments or patients allowed in the facility at any given time. c. Provide additional parking. PUBLIC WORKS 3.1 The applicant shall design and construct the driveway approaches on Irvine Boulevard and Red Hill Avenue to current Federal Americans with Disabilities Act (ADA) requirements. City of Tustin standards shall apply, unless otherwise approved by the City Engineer. Depending on the applicable City standard, an easement on private property may be Conditions of Approval Exhibit A CUP 2014 -14 Page 3 required, at no cost to the City of Tustin. (1) 3.2 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) 3.3 Prior to issuance of an Encroachment Permit, the applicant shall submit to the Public Works Department 24" x 36" reproducible street improvement plans, as prepared by a California Registered Civil Engineer, for approval. (1) 3.4 Construction and Demolition Waste Recycling and Reduction Plan (WRRP). a. The applicant/contractor is required to submit a WRRP to the Public Works Department. The WRRP must indicate how the applicant will comply with the City's requirement (TCC, Section 4351, et al) to recycle at least 50% of the project waste material or the amount required by the California Green Building Standards Code. b. The applicant will be required to submit a $50.00 application fee and a cash security deposit. Based on the review of the submitted Waste Management Plan, the cash security deposit will be determined by the Public Works Department in the following amounts: Commercial: All multi - family and commercial projects shall submit a security deposit in the amount of five (5) percent of the project's valuation as determined by the Building Official, rounded to the nearest thousand, or $2,500, whichever is greater. In no event shall a deposit exceed $25,000. c. Prior to issuance of any permit, the applicant shall submit the required security deposit in the form of cash, cashier's check, personal check, or money order made payable to the "City of Tustin ". FEES (1, 5) 4.1 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.