Loading...
HomeMy WebLinkAbout01 ZA CUP 2015-06 Oaktree Plaza • AGENDA REPORT ITEM #1 MEETING DATE: JULY 14, 2015 TO: ZONING ADMINISTRATOR FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CONDITIONAL USE PERMIT 2015-06 APPLICANT: PROPERTY OWNER: DR. ZAID NOMAN JACK MUSSRY XPRESS URGENT CARE OAK TREE TUSTIN LP 131 E. 17TH STREET 8383 WILSHIRE BLVD., #532 COSTA MESA, CA 92627 BEVERLY HILLS, CA 90211 LOCATION: 17582-17612 17TH STREET GENERAL PLAN: PLANNED COMMUNITY COMMERCIAUBUSI NESS ZONING: PLANNED COMMUNITY COMMERCIAL (PC COM) ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1) PURSUANT TO SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. REQUEST: TO AMEND CUP 88-8 TO REVISE THE PARKING STANDARDS FOR THE RETAIL PORTION OF OAK TREE PLAZA TO UTILIZE THE STANDARDS WITHIN THE TUSTIN CITY CODE AND AMEND OUTDATED CONDITIONS OF APPROVAL. Y p f w r M fi Zoning Administrator July 14, 2015 CUP 2015-06 Page 2 RECOMMENDATION: That the Zoning Administrator adopt Zoning Administrator Action (ZAA) No. 15-006 approving Conditional Use Permit (CUP) 2015-06 to amend CUP 88-8 to revise the parking standards for the retail portion of Oak Tree Plaza to utilize the standards within the City of Tustin Parking Ordinance and also amend outdated conditions of approval related to the shopping center located at 17582-17612 17th Street. APPROVAL AUTHORITY: The project site is located within the Planned Community Commercial (PC COM) zoning district and designated as Planned Community Commercial/Business by the General Plan Land Use Map. The Planning Commission adopted Resolution No. 2494 approving CUP 88-8 for the Oak Tree Plaza on May 9, 1988. Section 9299b(4)(d) of the Tustin City Code (TCC) gives the Zoning Administrator the authority to amend conditions of approval established by Planning Commission or City Council. These include condition amendments that are determined by the Community Development Director to be minor in nature and will not alter the original intent of the project or site. BACKGROUND: Location The subject property is located mid-block on the southerly side of 17th Street between Enderle Center Dr. and Prospect Avenue (Attachment A — Location Map). Adjacent properties to the site along 17th Street are located within the same underlying zoning of PC COM. To the rear of the property across Vandenburg Lane lie the Quail Meadows condominiums located within the Planned Community Residential (PC RES) zoning district (Figure 1). Retail Center wta en Office Center Figure 1 Zoning Administrator July 14, 2015 CUP 2015-06 Page 3 Continuance The proposed application was noticed for the June 16, 2015, public hearing before the City of Tustin Zoning Administrator. The property owner of the office building located at 17592 17th Street within Oak Tree Plaza filed a request for continuance of the item with City staff to allow for sufficient time to review the proposed application. The Zoning Administrator opened the public hearing on June 16, 2015, and then granted the request for continuance to a date certain, July 14, 2015. A public hearing notice for the July 14, 2015, meeting before the Zoning Administrator was mailed to property owners within 300 feet of the site, posted on-site, and published in the local newspaper. History Oak Tree Plaza consists of a mixed-use commercial center with three (3) retail buildings fronting 17t' Street and an office building at the rear of the property adjacent to Vandenburg Lane. The three (3) retail buildings comprise approximately 30,134 square feet per City building permit records with the office building comprising approximately 30,885 square feet. The retail properties lie on a separate parcel from the office building with non-exclusive access easements for ingress and egress purposes. As previously mentioned, the initial project approval occurred in 1988 through the adoption of Planning Commission Resolution Nos. 2493 and 2494 approving Design Review (DR) 88-4 and CUP 88-8 respectively (Attachment C). An amendment to CUP 88-8, modifying the uses and parking standards to allow for a single dental tenant in the retail center was approved by the City Council on July 17, 1989, through the adoption of Resolution No. 89- 77 (Attachment D). A second amendment to CUP 88-8 was approved on November 17, 1989, by the Planning Commission through the adoption of Resolution No. 2710 (Attachment E). A Revised Resolution No. 2710, which corrected minor text errors, was adopted on March 23, 1992 (Attachment F). This revision to the conditions of approval incorporated the findings of a parking demand study and changed the allowable uses within the center. Namely, a limited amount of medical office use and an increase in the amount of restaurant uses and seats was authorized for the retail portion of the center. These uses were limited to specific tenant spaces and square footages. On November 25, 1991, the Planning Commission adopted Resolution No. 2979 (Attachment G) approving a third amendment to CUP 88-8 to accommodate a City well site on the property located at 17592 17th Street. Installation of the well site on the southwest comer of the office property at 17592 17th Street resulted in the loss of six (6) parking spaces according to City records. Resolution No. 2979 modified the conditions of approval to require 264 parking spaces to be maintained on-site for Oak Tree Plaza. Over the years the use restrictions related to parking created an impediment for business as tenant turnover within the center occurred. New tenants wishing to pursue either restaurant or medical office use in other suites have been limited. On separate occasions, the Community Development Director has interpreted or modified the conditions of Zoning Administrator July 14, 2015 CUP 2015-06 Page 4 approval on September 27, 1993 and December 14, 1999, to allow for flexibility in the location of uses so long as the overall square footage thresholds identified in the CUP 88- 8 were not exceeded (Attachment H). Many of the limitations placed upon uses at the subject shopping center were required due to a lack of parking to support them at the time. Over time the use limitations have been eased upon submittal of parking demand studies. The TCC and parking requirements have since changed. On February 5, 2013, the TCC was amended by the Tustin City Council through the adoption of Ordinance No. 1418 to allow for large retail centers (30,000 sq. ft. or larger) to provide parking at a ratio of 4.5 parking stalls per 1,000 square feet of gross floor area regardless of use. The retail center of Oak Tree Plaza meets this requirement. PROPOSED AMENDMENTS: The project applicant is proposing to open a 2,922 square foot urgent care facility which would split the tenant space located at 17612 17th Street which was formerly occupied by the Soul at Home tenant (Attachment B). The remaining 3,555 square foot tenant space is proposed to be occupied by a Yoga studio. CUP 88-8 permits all uses allowed within the C-1 and C-2 zoning districts. Both medical office use and yoga studios are permitted uses within the C-1 and C-2 zoning districts; however, due to the parking restrictions existing on the property, additional medical office use would not be permissible. Existing medical office uses at the retail portion of the property consist of a dental office and an optometrist office which utilize the majority of the allocated medical office square footage. Therefore, the applicant is requesting to amend CUP 88-8 to make the parking requirements within Oak Tree Plaza consistent with those of the TCC and qualify as a large retail center. City staff has contacted the property management and ownership of the office building located on the separate property at 17592 17th Street within Oak Tree plaza to explain the proposal under CUP 2015-06. City staff had requested that the property owner of 17592 17th Street sign and notarize the application for CUP 2015-06 to act as a joint applicant so that outdated conditions of approval of CUP 88-8 related to the office building property could also be amended. These amendments would add flexibility to the uses at the office property, in particular by allowing medical office use in compliance with the City's Parking Ordinance. The management and ownership of the office building at 17592 17th Street have been non-responsive to the City's request to act as a joint applicant on the application for CUP 2015-06. The property owner has been notified of the public hearing for CUP 2015-06 and staff mailed an additional letter (Attachment 1) to the owner explaining that the application for CUP 2015-06 will proceed; however, no conditions of approval directly pertaining to their property will be modified. The proposed amendments to CUP 88-8 and associated new conditions of approval would not directly impact the office building at 17592 17th Street. No conditions of CUP 88-8 pertaining to the uses or development standards associated with the property at 17592 17th Street would change. The office building located at 17592 17th Street would Zoning Administrator July 14,2015 CUP 2015-06 Page 5 continue to be utilized as an office building. The parking standards for general office uses located at 17592 17th Street within Oak Tree Plaza would remain the same with a required parking ratio of one (1) space per 250 square feet of gross floor area. DISCUSSION: Medical office uses such as dental practices and urgent care centers are commonly located within retail centers. They are found in retail centers elsewhere in the City as well as throughout Orange County. They have proven to be complimentary to and compatible with the retail uses. Staff has not received complaints regarding parking or the use of similar medical offices within retail centers. They provide a convenient service for clients to access the facilities in a neighborhood commercial setting. The City considers businesses which are licensed by the State of California to practice the healing arts such as acupuncture, chiropractic, and massage uses as medical office use. These uses are often associated as service commercial uses and prevalent in retail centers. Flexibility regarding medical office use has been incorporated into the City's Parking Ordinance to accommodate these types of compatible uses. As the TCC has been updated, the applicant is requesting to apply the same code standards to their use and the property as utilized by other retail centers, businesses and property owners within the City. Parking Pursuant to the City's Parking Ordinance, the retail portion of Oak Tree Plaza would qualify as a large retail center which is defined as a commercial property with 30,000 square feet or more of gross floor area. Large retail centers have a parking ratio of 4.5 parking spaces for each 1,000 square feet of gross floor area. Applying this parking ratio to the retail portion of Oak Tree Plaza would require a total of 136 parking spaces. The requirement to provide a minimum of 124 parking stalls associated with the use of the office building located at 17592 17th Street would remain the same. Therefore, if the proposed amendments to CUP 88-8 are approved then a total of 260 parking stalls would be required for Oak Tree Plaza. There are a total of 259 parking stalls within Oak Tree Plaza (154 parking stalls on the retail portion and 105 parking stalls on the office portion) with the deficiency attributable to a loss of parking stalls over the years due to changes in the code requirements of the physical dimensions (van accessible stalls) and quantity of required accessible parking stalls to be provided on both the retail and office properties. Section 9264c of the TCC allows for a reduction in required parking due to the Americans with Disabilities Act (ADA) upgrade requirements. The proposed modification to Condition 1.4a of CUP 88-8 would require that the retail portion consist predominantly of retail and service commercial uses in order to qualify under the large retail center parking requirements. Outdated Conditions of Approval Other outdated conditions of approval from CUP 88-8 are tied to the parking in some form or another. Numerous conditions impose specific limitations on the amounts of restaurant seats which are designated to specific tenant spaces. Other conditions Zoning Administrator July 14, 2015 CUP 2015-06 Page 6 prohibit outdoor seating. These conditions would be rendered obsolete if the proposed amendments are adopted to utilize the parking standards of the TCC. Similarly there are existing conditions placing specific limitations on the amount of medical office square footage which is allocated to specific tenant spaces. These conditions would also be irrelevant if the amendments as proposed are adopted. FINDINGS: In determining whether to approve the conditional use permit to amend the conditions of approval of CUP 88-8 related to parking, the Zoning Administrator must determine whether or not the proposed use will 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. A decision to approve this request may be supported by the following findings: 1) Pursuant to Section 9299(4)(d) of the Tustin City Code, the Zoning Administrator may approve an amendment to conditions of approval established by the Planning Commission or City Council if it can be determined by the Community Development Director to be minor in nature and will not alter the original intent of the project or site. The use of the Tustin City Code parking requirements will make the retail center consistent with other commercially zoned properties. The uses at the retail center would remain largely the same and consistent with those allowed within the Tustin City Code. 2) Development standards such as parking requirements may be modified overtime as is the case with the City's Parking Ordinance. The proposed modifications would make the parking standards for the retail portion of Oak Tree Plaza consistent with the Tustin City Code. 3) The retail center would be required to consist predominantly of retail and service commercial uses in order to qualify as a large retail center pursuant to the Tustin Parking Ordinance. 4) Medical office uses such as dental, optometry, urgent care, and others licensed by the State of California to practice the healing arts (acupuncture, massage, chiropractor, etc.) are compatible uses within a neighborhood commercial retail center and have already been established in subject shopping center as well as similar locations elsewhere within the City. 5) The proposed amendments to CUP 88-8 and associated new conditions of approval would not directly impact the office building at 17592 17th Street. No conditions of CUP 88-8 pertaining to the uses or development standards associated with the property at 17592 17th Street would change as a result of CUP 2015-06. Zoning Administrator July 14, 2015 CUP 2015-06 Page 7 6) If in the future City staff determines that a parking or traffic problem exists on the site or in the vicinity as a result of the amendments to Conditional Use Permit 88- 8, the City may require that the applicant prepare a parking demand analysis or traffic study and the applicant shall bear all associated costs. Appropriate measures may be required to be implemented to resolve any parking or traffic problem. Staff recommends that the Zoning Administrator adopt Zoning Administrator Action No. 15-006 approving CUP 2015-06 to amend CUP 88-8 to revise the parking standards for the retail portion of Oak Tree Plaza to utilize the standards within the City of Tustin Parking Ordinance and also amend outdated conditions of approval related to the retail portion of Oak Tree Plaza located at 17582-17612 17th Street. Ryan Swiontek Senior Planner Attachments: A. Location Map B. Submitted Plans C. Planning Commission Resolution Nos. 2493 & 2494 D. City Council Resolution No. 89-77 E. Planning Commission Resolution No. 2710 F. Planning Commission Resolution No. 2710 Revised G. Planning Commission Resolution No. 2979 H. Oak Tree Plaza correspondence related to parking I. Correspondence with 17592 17th Street J. ZAA 15-006 ATTACHMENT A Location Map LOCATION MAP CUP 2095-06 OAK TREE PLAZA 17582 - 17612 17TH STREET PROJECT SITE p� j 300' ! Y'YUUEU1trl 00 { I i �. .. b 000t n-t 00000 0000 00-00 0-10 �4 �y s � ATTACHMENT B Submitted Plans pw �,v OBMVO'NLLS(LL'10&9001 mune limme Rut 3 atut 111dS eling-vu"ed esn usuompuoo I N g gIdO 0 o1pnjq efsoki eiso iueojn sseiclx ,2 Z H s2 8 9 ;ut 0 i ij 1 u T 60 L4 W ig OW 0 au u -00 6 U0.g g 01 z IL 8 INg1� al L, 0 o i 1s .� i z =® i -mill M o I g t fl PIN2-0 < U. 0 0. MW2 o 4mo jj-d o 0 W w It 9 85- if n A W H im 0 z 'x 21 Eli 1 jj� t� 1 1 g t 2 i z Wi CL x oz II H,311 1 111, lij 31 MIR q HH-P 25 SH 19g JB S , TY2 fl.onA!., IJ Ill , I i's 'S WU. N ? O z 0 IN21 9 1g]& fl 'Imliful"; HTMA 2 H 09UG WO'NuorLL'oot smins limpALs Kut 3 mu � IAds alInS V 4uetueAoidLul luouejL eoij4o leolpeyy T o iuemn sseiclx I��i I I9., <k eilo1 `� oi. 9 Ce"6 5 hni im. HIM. OBM VO'Nus LL't8t 4 OOt amus lia3m hilt 3 Ztei t 33 �_ D jlidS ellnS-3luJJed een Ieuompuoo d g H g g r oipn;g eBoA/eiso iueBan SSeid)( g <[ k. t ; NDRlJ.�313 I I I E /r x f rn ore.......................arb....._............... r�7 1 e ... y.8.....„ .....Ild............................71t d-.It... ....x. I II I II I it I II II I II I II I II I II { I II (ZL4 - O N 1 II uj 3 } �W ' OBMVD'NUSIU'10&I w&Saune limmis Rut 3atou 7 11 dS sling-11tuied esn isuomp 00 olp nis 966A ejeo zueoin U- vi ,8 U. ................ u,9. 5 7 10 on o ..............Ut L-A AA r r # z I F e r a' b •t �f r � A yp'• v , i r 5 t i I ATTACHMENT C Planning Commission Resolution Nos. 2493 & 2494 i 1 2 RESOLUTION NO. 2493 3 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CONDITIONALLY APPROVING THE DESIGN REVIEW NO. 4 88-4 FOR THE ARCHITECTURAL STYLE OF A NEW MIXED USE COMMERCIAL CENTER ON THE SOUTH SIDE OF 17TH ST. G BETWEEN ENDERLE CENTER WAY AND PROSPECT AVENUE. 6 The Planning Commission of the City of Tustin does hereby resolve as follows- 7 I. The Planning Commission finds and determines as follows: 8 A. A proper application, Design Review No. 88-4 was filed by 9 Colco Ltd. requesting approval of the architectural style of three (3) new retail structures and one office building totaling Io approximately 62,000 square feet as approved by Use Permit 88-8. l] I B. A public hearing was duly called, noticed and held on said application on May 9, 1988. 12 C. Pursuant to Section 9272 of the Tustin Municipal Code, the 13 Commission finds that the location, size, architectural features and general appearance of the proposed development will not 14 impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a 15 whole. In making such findings, the Commission has considered at least the following items: lf ) 1. Height, bulk and area of buildings. l7ii2. Setbacks and site planning. -- �; 3. Exterior materials and colors. I: 4. Type and pitch of roofs. 2{' 5. Size and spacing of windows, doors and other openings. 21 6. Towers, chimneys, roof structures, flagpoles, radio and 22 television antennae. 23 7. Landscaping, parking area design and traffic circulation. 24 8. Location, height and standards of exterior illumination. 25 9. Location and appearance of equipment located outside of an enclosed structure. 2Gil 27.1 28 i 1 2 Resolution No. 2493 Page two 3 4 10. Location and method of refuse storage. ry 11. Physical relationship of proposed structures to existing G structures in the neighborhood. i 12. Appearance and design relationship of proposed structures to existing structures and possible future structures in 8 the neighborhood and public thoroughfares. 0 13. Proposed signing. 10 14. Development Guidelines and criteria as adopted by the City 1] Council. 12II. The Planning Commission conditionally approves Design Review No. 88-4 authorizing the architectural style of the subject mixed use 13 project subject to all conditions contained in Exhibit A of Planning Commission Resolution 2494. 14 151 PASSED AND AD PTED at a regular meeting of the Tustin Planning Commission, held on the day of �- �� , 1988. 17kclld, KATKY WEIL Chairman 19 20 i PENNI FOLEY, 21 Secretary 22 23 24 25I 261 27ll 28 I STATE OF CALIFORNIA } COUNTY OF ORANGE ) CITY OF TUSTIN ) I, PENNI FOLEY, the undersigned, hereby certify that i am the Recording Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. V�e11,j was duly passed and adopted at a regular meeting of the T stip Planning Commission, held on the day of 198 . PENNI FOLEY- Recording Secretar i i 2 RESOLUTION NO. 2494 3 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING A DEVELOPMENT PLAN (USE PERMIT 88-8) 4 FOR A MIXED USE CENTER FOR OFFICE AND RETAIL USES ON A SITE IN PLANNED COMMUNITY COMMERCIAL DISTRICT (PC-C) 5 FOR THE PROPERTY LOCATED ON THE SOUTH SIDE OF SEVENTEENTH STREET BETWEEN ENDERLE CENTER WAY AND G PROSPECT AVENUE. i The Planning Commission of the City of Tustin does hereby resolve as follows: 8 I. The Planning Commission finds and determines as follows: 9 A. That a proper application, Use Permit No. 88-8 has been filed on 10 behalf of Colco Ltd. requesting authorization for a development plan for a mixed use commercial center with retail and office 1111 uses totaling approximately 62,000 square feet. 12 B. A public hearing was duly called, noticed and held on May 9, 1988. 13 � C. That establishment, maintenance, and operation of the use applied 19 i for will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general 15 welfare of the persons residing or working in the neighborhood of such proposed use, as evidenced by the following findings: lr!' !� 1. The use applied for is in conformance with the requirements 17;' of the Tustin General Plan. 1,9 2. The use applied for is in conformance with the requirements of the Tustin Zoning Code. 19 i. 3. The conditions contained in Exhibit A attached to this 20 Resolution are necessary to avoid incompatible elements of 1 the proposed project and compliance with these conditions 21 shall be guaranteed for the life of this Use Permit. 22 4. The project has been designed to be architecturally compatible with the area. 23 D. That the establishment, maintenance, and operation of the use 24 applied for will not be injurious or detrimental to the property and improvements in the neighborhood of the subject property, 25) nor to the general welfare of the City of Tustin, and should be 26 granted. �� 27 28 I i 2 Resolution No. 2494 Page two 3 I 4 E. Proposed development shall be in accordance with the development policies adopted by the City Council, Uniform Building Codes as administered by the Building Official and State of California, G Fire Code as administered by the Orange County Fire Marshal, and street improvement requirements as administered by the City 7 Engineer. 8 F. A negative declaration has been filed in conformance with the California Environmental Quality Act. 9 G. Final development plans shall require the review and approval of 10 the Community Development Department. illy 11 II. The Planning Commission hereby approves Conditional Use Permit No. 12 188-8 approving the development plan for a mixed use commercial center i on Parcel 2 on a map filed in Book 150, pages 44 and 45 of Parcel 13 I Maps, the the office of the County Retards of Orange County with the 1! conditions contained in Exhibit A attached hereto. 14 15 PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the qtr day of y7F'a. � 1988. 16�� 1711 au, A HY WEI 111 1 Chairman 20 21 Secretary 22 23 24 25�2G 271 28 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) i, PENNI FOLEY, the. undersigned, hereby certify that I am the Recording Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. was duly passed and adopted at a regular meeting of the Tystin Planning Commission, held on the "- day of `i'%'.re , 198 1 -r t. PENNFOLEY Recording Secretary-_ rl Resolution 2494 EXHIBIT A MAY 9, 1988 CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT 88-8 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted site - plan for the project date stamped May 9, 1988 on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development Department in accordance with this exhibit. (1) 1.2 Unless otherwise specified, the conditions contained in this exhibit shall be complied with prior to the issuance of a building permit for the project, subject to review and approval by the Community Development Department. * 1.3 Parking for the proposed commercial center shall be maintained as follows: (2) 1 parking space per 200 square feet of retail use. 1 parking space per 250 square feet of office use. 1 parking space per 3 seats for restaurant uses. * 1.4 The uses authorized by the approval of Use Permit 88-8 are as follows: a. Retail Buildings: All uses allowed in the C-1 and C-2 zone, except professional offices or medical related uses. b. Office Building: All uses allowed in PR zone excepting medical related uses. Any uses in the C-1, C-2, and PR zones requiring use permits shall be conditionally permitted uses for this project. * 1.5 Use permit approval shall become null and void unless building permits are issued within one year of the date on this exhibit. SOURCE CODES (1) STANDARD CONDITION (5) SPECIFIC PLAN (2) ERVIRONMENTAL MITIGATION (6) RESPONSIBLE AGENCY REQUIREMENT (3) UNIFORM BUILDING CODE/S (7) LANDSCAPING GUIDELINES (4) DESIGN REVIEW (8) PC/CC/ POLICY *** EXCEPTION Exhibit A Resolution No. 2494 Page two * 1.6 All outdoor seating as provided on the landscaping plan shall be limited to a maximum of 30 seats. This seating shall be provided for use in common and not assigned for exclusive use by any tenant in the center. * 1.7 No alcoholic beverages shall be consumed in the outdoor seating area shown on the landscape plan. * 1.8 Office uses shall not exceed 50% of total buildable floor area as shown on the submitted development plan. GRADING/DRAINAGE (1) 2.1 All necessary information shall be provided to the Building Official as required by the City of Tustin. All necessary grading, demolition and construction permits shall be obtained prior to construction. (1) 2.2 Presentation of a sedimentation and erosion control plan for all construction work related to the subject parcel including a method of control to prevent dust and windblown earth problems. This plan shall be reviewed and approved prior to rough grading of the site. (1) 2.3 A qualified paleontologistJarchealogist, as appropriate shall be present during grading operations. If resources are found, work shall stop in the affected area and all resources shall be excavated or preserved as deemed appropriate or as recommended by the paleontologistJarchealogist subject to review and approval by the Department of Public Works and Community Development. All "finds" shall be reported immediately to the Department of Community Development. The paleontologistJarchealogist shall attend the pregrade construction meeting to ensure that this condition and necessary procedures in the event of a "find" are explained. (1) 2.4 All earthwork shall be performed in accordance with the City of Tustin Municipal Codes and grading requirements. PIAN SUBMITTAL 3.1 At building plan check, submit three sets of construction level plans as follows: (3) A. Construction plans, structural calculations, and title 24 energy calculations shall be submitted for all improvements. Requirements Exhibit A Resolution No. 2494 Page three of the Uniform Building Codes, State Handicap and Energy Requirements shall be complied with as approved by the Building Official. Plans should reflect architectural details and elevations for all structures, walls, enclosures and any other construction level drawings necessary to accurately reflect all proposed construction. (3) B. Provide preliminary technical detail and plans for all utility installations including cable TV, telephone, gas, water and electricity. Additionally, a note on plans shall be included stating that no field changes shall be made without corrections submitted to and approved by the Community Development Department. (3) C. Final grading and specifications consistent with the site plan and landscaping plans and prepared by a registered civil engineer for approval of the Community Development Department. (3) D. A precise soils engineering report provided by a soils engineer within the previous twelve (12) months. (1) E. Information, plans and/or specifications to ensure satisfaction of (6) all Public Works Department requirements including but not limited to: (6) * 1. Dedication of all required street and flood control right-of-way, vehicular access rights, sewer easements and water easements defined and approached as to specific location by the City Engineer and other responsible agencies. (6) * 2. The construction of new on-site fire hydrants will require a detector check within an easement per City Standard No. 129. A legal description and sketch of the easement areas along with a copy of the latest vesting for this property shall be submitted to the Engineering Division for review and preparation of an easement deed. Said deed must be executed by the property owner prior to any approvals/permits from the Engineering Division. * 3. All necessary permits and approvals shall be granted by the Orange County Flood Control District prior to issuance of building permit. F. Note on plans that a qualified paleontologist/archealogist, as appropriate shall be present during rough grading operations. If resources are found, work shall stop in the affected area and all resources shall be excavated or preserved as deemed appropriate or as recommended by the paleontologist/archealologist subject to review and approval by the Department of Public Works and Community Exhibit A Resolution No. 2494 Page four Development. All "finds" shall be reported immediately to the Department of Community Development. The paleontologist/archealogist shall attend the pregrade construction meeting to ensure that this condition and necessary procedures in the event of a "find" are explained. (6) G. The applicant shall comply with all requirements of the Orange County Fire Marshall, including required fire flow, installation where required of fire hydrants subject to approval as to location by the Fire Department, City of Tustin Public Works Department, Tustin Water Works and compliance with all requirements pertaining to construction. (6) H. Prior to issuance of building permits for combustible construction, evidence that adequate water supply and operational fire hydrants are available for fire protection shall be submitted and approved by the Orange County Fire Marshall. The applicant shall also submit water improvement plans for approval of the Fire Marshal. (6) I. All required Orange County Fire Department signs shall be posted and * designed in accordance with the Orange County Fire Department requirements. * J. The access easement agreement facing Seventeenth Street shall be abandoned prior to issuance of building permits. NOISE (1) 4.1 All construction operations including engine warm up shall be subject to (2) the provisions of the City of Tustin Noise Ordinance and shall take place only during the hours of 7:00 a.m. until 6:00 p.m., Monday through Friday unless the Building Official determines that said activity will be in substantial conformance with the Noise Ordinance and the public health and safety will not be impaired subject to application being made at the time the permit for the work is awarded or during progress of the work. FEES (1) 5.1 Prior to issuance of any building permits, payment shall be made of all (6) required fees including: A. Major thoroughfare and bridge fees to Tustin Public Works Department. 1 Resolution No. 2494 Exhibit A Page five B. Sanitary sewer connection fee to Orange County Sanitation District. C. Grading plan checks and permit fees to the Community Development Department. D. All applicable Building plan check and permit fees to the Community Development Department. E. New development fees to the Community Development Department. F. School facilities fee to the Tustin Unified School District. SITE AND BUILDING CONDITIONS (1) 6.1 All improvements, materials and colors shall remain as proposed on the (4) approved plans, date stamped May 9, 1988 any changes shall be subject to review and approval of the Director of Community Development Department. All exterior treatments must be coordinated with regard to color, materials and detailing and noted on submitted construction plans and elevations shall indicate all colors and materials to be used. (1) 6.2 Note on plans that a six foot high chain linked fence shall be installed around the site prior to building construction stages. Gated entrances shall be permitted along the perimeter of the site for construction vehicles. (1) 6.3 All rooftop mechanical or electrical fixtures and equipment shall be (4) screened from view and incorporated into overall design of buildings. All telephone and electrical boxes must be indicated on the building plans and shall be completely screened. (1) 6.4 Submit detail for all on-site walls to be contructed by developer. Show (4) type of wall cap and type of color, exterior materials and decorative treatment of all exposed walls. Design of walls/fences shall be subject to final approval of the Community Development Department and should be consistent with main building treatments. (1) 6.5 Provide details on lighting scheme for project. Note final locations of (3) all exterior lights and types of fixtures. Lighting fixtures shall be of (4) ornamental design and shall be located or designed so to direct rays of light so they do not shine on adjacent properties. (4) 6.6 Provide structural details, colors and materials for block trash enclosure walls. The trash enclosures shall be architecturally treated to match the buildings and shall have solid metal gates. (1) 6.7 All roof drains shall be internal and not visible on building (4) elevations. All roof drains shall be designed so that run-off is properly drained into concrete swales. 6.8 Note on plans that utilities serving site to be underground. Show all Resolution No. 2494 Exhibit A Page six above ground locations for meters, transformers, manifolds and details for screening. Transformers shall not be permitted within setback areas. * 6.9 An access agreement shall be secured with the easterly property owners prior to removal of blocking posts at the easterly drive entrance. (4) 6.10 Brick veneer elements shall be added to Buildings A and C to avoid blank * building facades and to upgrade the appearance of the elevations. The exact location and amount of detail to be added is subject to review and approval of the Community Development Director. (4) 6.11 All awnings shall be of matte canvas material. No awnings shall be * underlit or illuminated in any fashion. (4) 6.12 All signs shall be in accordance with the sign program provided by the * applicant with the exception that the colors in the proposed color palette shall be limited to a total of 6 colors with the deletion of turquoise and pink and all accent trim is to be in the same color with no outlining in an alternate color. Any major modifications to this program shall require Planning Commission approval. 6.13 All freestanding signs shall provide the name and address of the center. Address numerals shall be prominently displayed and be a minimum of 6" in height. 6.14 Any on-site water well site provided by the Tustin Water Works shall be subject to review and approval for review of site design and architectural compatibility. All site design and architectural provisions are subject to review and approval of the Community Development Department. LANDSCAPING, GROUNDS AND HARDSCAPE ELEMENTS (7) 7.1 At final plan check a completely detailed landscape and irrigation plan must be submitted for landscaping with whatever scale necessary to depict adequately what is occurring. Provide summary table applying indexing identification to plant materials in their actual location. The plan and table must list botantical and common names, sizes, spacing, actual location and quality of the plant materials proposed. Show planting and berming details, soil preparation, staking, etc. The irrigation plan shall show location and control of backflow prevention devices, pipe size, sprinkler type, spacing and coverage. Details for all equipment must be provided. (7) 7.2 The submitted landscaping plans at plan check must reflect the following requirements: a) Turf is unacceptable for grades over 25%. A combination of planting materials must be used, ground cover on large areas alone is not acceptable. Resolution No. 2494 Exhibit A Page seven b) Provide a minimum of one 15 gallon size tree for every 30 feet of property line on the property perimeter and five-5 gallon shrubs. c) Berming shall be provided wherever possible. d) Provide a minimum of five (5) 24" box trees in northerly landscape strip along 17th Street. (7) 7.3 All newly planted trees shall be staked according to City standards. (7) 7.4 Shrubs shall be a minimum of 5 gallon size and shall be spaced a minimum of 8 feet on center when intended as screen planting. (7) 7.5 Ground cover shall be planted between 8 to 12 inches on center. (7) 7.6 When 1 gallon plant sizes are used the spacing may vary according to materials used. (7) 7.7 Up along fences and or walls and equipment areas provide landscaping screening with shrubs, and or vines and trees on plan check drawings. (7) 7.8 All plant materials shall be installed in a healthy vigorous condition typical to the species. (7) 7.9 Landscaping must be maintained in a neat and healthy condition, this will include but not be limited to triming, mowing, weeding, removal of litter, fertilizing, regular watering, or replacement of disease or dead plants. (7) 7.10 In irrigation areas controller to be enclosed in lockable housing. Design irrigation systems to provide sufficient coverage as well as avoiding water overspray on buildings and sidewalks. Note of this requirement to be on pian check drawings. * 7.11 The existing camphor tree shall remain on the project site unless a licensed arborist determines the tree is diseased beyond repair subject to review and approval of the Director of Community Development. All efforts shall be taken as feasibly possible to protect the tree during construction and after the project is completed. If the tree is determined to be dead or diseased beyond repair, a substantial tree of a similar species shall be replaced. The size and species of this replacement tree shall be reviewed and approved by the Director of Community Development prior to removal of the tree. * 7.12 Indicate details, colors and materials for all paving and exterior walkways. Provide entry driveway treatments to enhance entrances to project utilizing colored interlocking pavers. Brick treatments should also be integrated into exterior walkways. ATTACHMENT D City Council Resolution No. 89-77 i 1 � i 2 RESOLUTION NO. 89-77 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 4 TUSTIN, APPROVING AN AMENDMENT TO USE PERMIT 88-8, AMENDING CONDITIONS 1.1, 1.3, 1.4 AND 1.8 15 OF EXHIBIT "A" TO PLANNING COMMISSION RESOLUTION NO. 2494, TO AUTHORIZE A MAXIMUM OF 6 31,885 SQUARE FEET OF OFFICE SPACE AND THE ESTABLISHMENT OF A 1,000 SQUARE FOOT DENTIST'S OFFICE WITHIN A RETAIL TENANT SPACE IN A COMMERCIAL CENTER LOCATED AT 17602 E. 8 SEVENTEENTH STREET, SUITE 105. 9 The City Council of the City of Tustin does hereby resolve as follows: 10 jI. The City Council finds and determines as follows: 11 A. That a proper application, for an .Amendment to Use Permit No. 88-8 has been filed on behalf of Don Carter D.D.S. requesting to 12'; amend Conditions 1.4 and 1.8 of Exhibit "A" to Planning Commission Resolution No. 2494, to authorize a maximum of 31,885 13 i square feet of office space and establishment of a 1,000 square 14 j foot dentist's office within a retail tenant space in a i commercial center located at 17602 E. Seventeenth Street, Suite 15 105. ]G; B. That a public hearing was duly called, noticed and held on said application on June 19, 1989. 17 C. That establishment, maintenance, and operation of the use l8l' applied for would 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, evidenced by the following findings: 20 1. The use would be compatible with the surroundinguses as 21 ) they are all commercial in nature. 22 2. Adequate parking is available on site to provide for the dentist office use. 23 D. The project is exempt from the requirements of the California 24 Environmental Quality Act, pursuant to Section 15301a (Class 1) . 25 26 27!1 28 i i Ii 1 'I 2 Resolution No. 89-77 3 Page two 4 E. That the establishment, maintenance, and operation of the use 5 applied for would not be injurious or detrimental to the 6 property and improvements in the neighborhood of the subject property, and the general welfare of the City of Tustin, and should be granted. 8 II. The City Council hereby approves an Amendment to Use Permit 88-8 amending conditions 1.1, 1.3, 1.4a and 1.8 of Exhibit A to Planning 0 Commission Resolution No. 2494 of Use Permit 88-8 subject to the following conditions: 10 i A. All original conditions of approval contained within Exhibit A 11 of Planning Commission Resolution No. 2494 shall remain in effect, except those modified herein. 12i B. The applicant and property owner shall sign and return an agreement to the conditions imposed form as established by the 13 I Department of Community Development prior to issuance of permits 14 for the dentist office improvements. 151 C. Conditions 1.1, 1.3, 1.4a. , and 1.8 of Exhibit A of Planning Commission Resolution No. 2494 shall be revised to read as 1G!' follows: (1) 1.1 The proposed project shall substantially conform with the 171 submitted site plan for the project date stamped May 9, 1988 nji on file with the Community Development Department as amended by the City Council on July 17, 1989, and as herein l�� l modified, or as modified by the Director of Community Development Department in accordance with this resolution. 20i * 1.3 Parking for the proposed commercial center shall be 211 maintained as follows: 22 (2) 1 parking space per 200 square feet of retail use. ° 1 parking space per 250 square feet of office use. ° 1 parking space per 3 seats for restaurant uses. 23 01 labeled/assigned parking space per 200 square feet 24of dental office which shall be located adjacent to 1 Suite 105. The dental office use shall not create a parking need greater than the 5 spaces provided 2`' through limiting the number of employees and patients 2Gi on-site at any one time (including dentists, management, etc.). 27' 1 28 I( i It I 2 Resolution 89-77 3 Page three I 4 5 1.4a Retail Buildings: All uses allowed in the C-1 and C-2 zone `� with a maximum of 1,000 square feet of dental office use to 6 be located in Suite 105 only. * 1.8 Office uses shall not exceed 31,885 square feet of total gross floor area of the 62,254 square feet shown on the 8 approved plans for the entire project. 30,885 square feet of non-medical office use shall be contained in Building D 9 and a maximum of 1,000 square foot of dental use may be located in Suite 105 in Building C. 10 PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular l� imeeting on the 17th day of July 1989. 12'i (I Ursula E. Kennedy, 14 ! Mayor 15 � �Mary Wynn, ty Clerk lr 1� 1 cl 20! 21 22 23 24 25 26 27 28 i i City of Tustin RESOLUTION CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) RESOLUTION NO. 89-77 MARY E. WYNN, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 89-77 was duly and regularly introduced, passed and adopted at a regular meeting of the City Council held on the 17th day of July, 1989, by the following vote: COUNCILMEMBER AYES: Edgar, Hoesterey, Kelly, Prescott COUNCILMEMBER NOES: Kennedy COUNCILMEMBER ABSTAINED: None COUNCILMEMBER ABSENT: None y , Valerie Whiteman, Deputy City Clerk for Mary E. Wynn, City Clerk ATTACHMENT E Planning Commission Resolution No. 2710 i i 1 2 3 RESOLUTION NO. 2710 I 4 A RESOLUTION OF THE PLANNING COMMISSION OF THE 5 CITY OF TUSTIN, APPROVING A SECOND AMENDMENT TO USE PERMIT 88-8 MODIFYING THE BUILDING SITE G AND LANDSCAPING PLANS, PERMITTED USES, REQUIRED PARKING AND SIGN PROGRAM AT OAK TREE PLAZA 7 LOCATED AT 17582 EAST SEVENTEENTH STREET 8 The Planning Commission of the City of Tustin hereby resolve as follows: 9 10 .1. The Planning Commission finds and determines as follows: A. That a proper application for a second amendment to Use Ili Permit 88-8, has been filed on behalf of Colco, Ltd. and I Ruby's Diner, requesting to amend the provisions of Use 12 ' Permit 88-8, regarding site and landscaping plans, elevations, permitted uses, parking requirements and 13 Master Sign Program. 14 B. That a public hearing was duly called, noticed and held 15 on said applications on November 27, 1989. C. That establishment, maintenance and operation of the uses applied for will not, under the circumstances of this case, be detrimental to the health, safety, morals, 1i comfort or general welfare of the persons residing or working in the neighborhood of such proposed use as evidenced by the following findings: ii li) 1. The uses applied for are in conformance with the requirements of the Tustin General Plan and Zoning I 20 Code. 21 2. The conditions contained herein are necessary to 22 avoid incompatible elements of the proposed project and to ensure compliance with these conditions for 23 the life of the Use Permit. 24 3. The use will be compatible within the surrounding uses as they are commercial in nature. 25I 4. Adequate parking is anticipated to be available on 26II site to provide for all uses. 2;11 2K i I i 1 2 3 I 4 Resolution No. 2710 5 Page two 6 — 5. The proposed neon sign will be compatible with the 7 architectural design of the project. 8 D. That the project is exempt from the requirements of the California Environmental Quality Act, pursuant to Section 0 15301a (Class 1) . i 10 E. That the establishment, maintenance and operation of the uses applied for would not be injurious or detrimental 11 to the property and improvements in the neighborhood of the subject property not to the general welfare of the 12 ; City of Tustin, and should be granted. 13112. The Planning Commission hereby approves a Second Amendment to Use Permit 88-8, subject to the conditions contained in 14 Exhibit A attached hereto and included herein by reference. 15 PASSED, APPROVED AND ADOPTED by the Planning Commission at a 1cregular meeting on the 27th day of November, 1989. 1 17 IS Leslie Anne Pontious - 1c Penni Foley 20 Secretary 21 22 23 24 25 26 27 28 EXHIBIT A RESOLUTION NO. 2710 CONDITIONS OF APPROVAL Second Amendment to Use Permit 88-8 1.1 All original conditions of approval contained within Exhibit A of Planning commission Resolution 2494 shall remain in effect, except those modified herein. The conditions established by City Council Resolution No. 89-77 will be superseded by the conditions contained herein. 1.2 Unless otherwise specified, conditions contained in this exhibit shall be complied with prior to issuance of any additional building permits for the project. 1.3 Conditions 1.1, 1.3, 1.4 and 1.8 of Exhibit A of Planning Commission Resolution No. 2494 shall be revised to read as follows: 111.1 The proposed project shall substantially conform with the submitted site plan for the project date stamped May 9, 1988 on file with the Community Development Department as amended by the City Council on July 17, 1989, and Planning Commission on November 27, 1989, and as herein modified, or as modified by the Director of Community Development Department in accordance with this resolution. 1.3 A total of 273 parking spaces shall be maintained for the proposed commercial center based upon the uses and size limitations outlined in condition 1.4 following. Said uses have been evaluated in a parking demand study (Table 1 attached hereto) which utilized the following standart's as the basis of the report. Any future permitted uses will be regulated by the same parking standards. 1 parking space per 200 square feet of retail use. 1 parking space per 250 square feet of office use. 1 parking space per 3 seats for restaurant uses. 6 parking spaces per 1,000 square feet of medical office or related uses.- 1.4 The uses authorized by the approval of Use Permit 88-8 are as follows: a. Retail Buildings (Buildings A, B and C) : All uses allowed in the C-1 and C-2 zone, except professional offices. A maximum of 3,618 square feet of medical office uses are permitted within the retail buildings as follows: Exhibit A Resolution No. 2710 Page two Space No. Maximum scruare feet 101, Bldg A 1,418 sq ft 103, Bldg C 1,200 sq ft 105, Bldg C 1,000 sq ft b. Office Building (Building D) : All uses allowed within PR zone, except medical office or related uses. C. Any uses included within the C-1, C-2 or PR zones which require approval of a use permit, shall be conditionally permitted uses for this project site. d. A maximum of 224 seats of restaurant use within 9,733 square feet of the retail buildings A and C may be allowed only as follows: Space Maximum Mimimum Scruarg Number Seating Footage 101, Bldg C 12 seats 996 sq ft 104, Bldg A 42 seats 3,647 sq ft 104, Bldg C 16 seats 1,200 sq ft 105, Bldg A 24 seats 2,000 sq ft 106, Bldg A 15 seats 1,000 sq ft 107, Bldg A 15 seats 1,030 sq ft 1.8 Office uses shall not exceed 34,503 square feet of total gross floor area of the 61,040 square feet shown on the amended approved plans. A total of 30,885 square feet of non-medical office use shall be contained within Building D and a maximum of 3,618 square feet of medical office uses may be located within Buildings A or C as provided for in subsection 1.4(a) above." 1.4 No future modifications to the maximum permitted number of restaurant seats, or to the amount of square footage allocated to medical office or restaurant uses shall be permitted or applied for by the applicant or property owner. The designated medical or restaurant uses may always be converted to retail uses. 1.5 If at any time in the future a tenant or customer advises the City that a parking problem exists on the project site, the Director of Community Development may require the property owner to prepare an updated parking demand analysis. If said parking study indicates that there is inadequate parking on Exhibit A Resolution No. 2710 Page three the site, the applicant will be required to mitigate these impacts by providing off-site parking or modifying the permitted medical and restaurant uses on the site to reduce parking demand. 1.6 The Master Sign Program for Oak Tree Plaza shall be amended to permit two red and white exposed neon signs for Ruby's Diner only. The front sign shall not exceed 74 square feet and the rear elevation sign shall not exceed 25 square feet in size. Any major modifications to the approved Sign Program shall require Planning Commission approval. 1.7 The existing chain-link fencing surrounding the flood control channel shall be replaced with a green vinyl-coated chain- link fence within 120 days of approval of this Resolution Exhibit. 1.8 In the event structural plans, calculations or specifications or grading plans, previously approved by the City, need to be revisgd to reflect modifications approved herein, the applicant shall submit for plan check all required corrections subject to review and approval of he Community development Department. Upon submittal or prior to approval, the applicant will be responsible for all applicable building plan check and revised permit fees. 1.9 No outdoor bar or restaurant seating shall be permitted on the site. 1.10 The applicant and property owner shall sign and return and Agreement to conditions Imposed form as established by tht Department of Community Development prior to the issuance of any permits relating to medical uses or Ruby's Diner. SJP:pef TABLE 1 PARKING DEMAND (1) (2) Medical(3) (4) Hour Retail Office office Restaurant Total 6:00 AM NOM 4 1 22 27 7:00 AM 7 25 4 22 58 8:00 AM 15 78 14 50 157 9:00 AM 35 115 20 52 222 10:00 AM 56 124 22 34 236 11:00 AM 72 124 22 40 258 12:00 Noon 81 112 20 45 258 1:00 PM 83 112 20 53 268 2:00 PM 81 120 21 46 268 3:00 PM 79 115 20 39 253 4:00 PM 72 95 17 53 237 5:00 PM 66 58 10 55 189 6:00 PM 68 29 5 60 162 7:00 PM 744 9 2 69 154 (1) Based on Tustin Code at (1:200) = 83 Spaces (2) Based on Tustin Code at (1:250) = 124 Spaces (3) Based on Tustin Code at (6:1000)= 22 Spaces (4) Based on Tustin Code at (1:3) = 75 Spaces, 30% reduction factor was applied to restaurant demand between 12:00 PM and 3:00 PM. JUSTIN F.FARMER 5 TRANSPORTATION E.NGINF.F.RS,INC. STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, PENNI FOLEY, the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 7,2 7/6 was duly passed and adopted at a regular meeting of the ustin Planning omm Tssion, held on the ,27f�,—day of 198 . PENNI FOLEY Recording Secretar ATTACHMENT F Planning Commission Resolution No. 2710 Revised i 1 REVISED 2 RESOLUTION NO. 2710 3 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING A SECOND 4 AMENDMENT TO USE PERMIT 88-8 MODIFYING THE BUILDING SITE AND LANDSCAPING PLANS, 5 PERMITTED USES, REQUIRED PARKING AND SIGN PROGRAM AT OAK TREE PLAZA LOCATED AT 17582 __. 6 EAST SEVENTEENTH STREET 7 The Planning Commission of the City of Tustin hereby resolve as follows: 8 I. The Planning Commission finds and determines as follows: 9 A. That a proper application for a second amendment to 10 Use Permit 88-8, has been filed on behalf of Colco, Ltd. and Ruby's Diner, requesting to amend the 11 provisions of Use Permit 88-8, regarding site and landscaping plans, elevations, permitted uses, parking 12 requirements and Master Sign Program. 13 B. That a public hearing was duly called, noticed and held on said applications on November 27, 1989. 14 C. That establishment, maintenance and operation of the 15 uses applied for will not, under the circumstances of this case, be detrimental to the health, safety, 16 morals, comfort or general welfare of the persons residing or working in the neighborhood of such 17 proposed use as evidenced by the following findings: 18 1. The uses applied for are in conformance with the _-. requirements of the Tustin General Plan and 19 Zoning Code. 20 2. The conditions contained herein are necessary to avoid incompatible elements of the proposed 21 project and to ensure compliance with these 22I conditions for the life of the Use Permit. 3. The use will be compatible within the surrounding 23 uses as they are commercial in nature. 24 4. Adequate parking is anticipated to be available on site to provide for all uses. 25 5. The proposed neon sign will be compatible with 26 the architectural design of the project. 27 D. That the project is exempt from the requirements of the California Environmental Quality Act, pursuant to 28 Section 15301a (Class 1) . i 1 � Revised Resolution No. 2710 2 Page 2 3 4 E. That the establishment, maintenance and operation of 5 the uses applied for would not be injurious or detrimental to the property and improvements in the G neighborhood of the subject property nor to the general welfare of the City of Tustin, and should be 7 granted. 8 II. The Planning Commission hereby approves a Second Amendment to Use Permit 88-8, subject to the conditions contained in 9 Exhibit A attached hereto and included herein by reference. 10 PASSED, APPROVED AND ADOPTED by the Planning Commission at a regular meeting on the 23rd day of March, 1992. 11 - 12 13 ;Chairman N L. BAKE 14 15 KATHLEEN CLANCYCY 17 Secretary 18 19 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) 20 CITY OF TUSTIN ) 21 i� I, KATHLEEN CLANCY, the undersigned, hereby certify that I am 22the Recording Secretary of the Planning Commission of the City of Tustin, California; that Revised Resolution No. 2710 was duly 23 passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 23rd day of March, 1992. 24 25 26 27 KATHLEEN CY 28 Recording Secretary EXHIBIT A Revised Resolution No. 2710 CONDITIONS OF APPROVAL Second Amendment to Use Permit 88-8 1.1 All original conditions of approval contained within Exhibit A of Planning Commission Resolution 2494 shall remain in effect, except those modified herein. The conditions established by City Council Resolution No. 89-77 will be superseded by the conditions contained herein. 1.2 Unless otherwise specified, conditions contained in this exhibit shall be complied with prior to issuance of any additional building permits for the project. 1.3 Conditions 1.1, 1.3, 1.4 and 1.8 of Exhibit A of Planning Commission Resolution No. 2494 shall be revised to read as follows: 111.1 The proposed project shall substantially conform with the submitted site plan for the project date stamped May 9, 1988 on file with the Community Development Department as amended by the City Council on July 17, 1989, and Planning Commission on November 27, 1989, and as herein modified, or as modified by the Director of Community Development Department in accordance with this resolution. 1.3 A total of 273 parking spaces shall be maintained for the proposed commercial center based upon the uses and size limitations outlined in condition 1.4 following. Said uses have been evaluated in a parking demand study (Table 1 attached hereto) which utilized the following standards as the basis of the report. Any future permitted uses - will be regulated by the same parking standards. 1 parking space per 200 square feet of retail use. ° 1 parking space per 250 square feet of office use. 1 parking space per 3 seats for restaurant uses. ° 6 parking spaces per 1,000 square feet of medical office or related uses. 1.4 The uses authorized by the approval of Use Permit 88-8 are as follows: a. Retail Buildings (Buildings A, B and C) : All uses allowed in the C-1 and C-2 zone, except professional offices. A maximum of 3,618 square feet of medical office uses are permitted within the retail buildings as follows: Space No. Maximum square feet 101, Bldg A 1,418 sq ft 103, Bldg C 1,200 sq ft 105, Bldg C 1,000 sq ft Exhibit A - Revised Resolution No. 2710 Conditions of Approval Page 2 b. Office Building (Building D) : All uses allowed within PR zone, except medical office or related uses. C. Any uses included within the C-1, C-2 or PR zones which require approval of a use permit, shall be conditionally permitted uses for this project site. d. A maximum of 224 seats of restaurant use within 9,873-square feet of the retail buildings A and C may be allowed only as follows: Space Maximum Minimum Square Number Seating Footage 101, Bldg C 12 seats 996 sq ft 104, Bldg A 142 seats 3,647 sq ft 104, Bldg C 16 seats 1,200 sq ft 105, Bldg A 24 seats 2,000 sq ft 106, Bldg A 15 seats 1,000 sq ft 107, Bldg A 15 seats 1,030 sq ft 1.8 Office uses shall not exceed 34,503-square feet of total gross floor area of the 61,040-square feet shown on the amended approved plans. A total of 30,885-square feet of non-medical office use shall be contained within Building D and a maximum of 3,618-square feet of medical office uses may be located within Buildings A or C as provided for in subsection 1.4(a) above." 1.4 No future modifications to the maximum permitted number of restaurant seats, or to the amount of square footage allocated to medical office or restaurant uses shall be permitted or applied for by the applicant or property owner. The designated medical or restaurant uses may always be converted to retail uses. 1.5 If at any time in the future a tenant or customer advises the City that a parking problem exists on the project site, the Director of Community Development may require the property owner to prepare an updated parking demand analysis. If said parking study indicates that there is inadequate parking on the site, the applicant will be required to mitigate these impacts by providing off-site parking or modifying the permitted medical and restaurant uses on the site to reduce parking demand. Exhibit A - Revised Resolution No. 2710 Conditions of Approval Page 3 1.6 The Master Sign Program for Oak Tree Plaza shall be amended to permit two red and white exposed neon signs for Ruby's Diner only. The front sign shall not exceed 74 square feet and the rear elevation sign shall not exceed 25 square feet in size. Any major modifications to the approved Sign Program shall require Planning Commission approval. 1.7 The existing chain-link fencing surrounding the flood control channel shall be replaced with a green vinyl-coated chain-link fence within 120 days of approval of this Resolution Exhibit. 1.8 In the event structural plans, calculations or specifications or grading plans, previously approved by the City, need to be revised to reflect modifications approved herein, the applicant shall submit for plan check all required corrections subject to review and approval of he Community development Department. Upon submittal or prior to approval, the applicant will be responsible for all applicable building plan check and revised permit fees. 1.9 No outdoor bar or restaurant seating shall be permitted on the site. 1.10 The applicant and property owner shall sign and return and Agreement to conditions Imposed form as established by the Department of Community Development prior to the issuance of any permits relating to medical uses or Ruby's Diner. DF:nm ATTACHMENT G Planning Commission Resolution No. 2979 i i 1 I RESOLUTION NO. 2979 2 A RESOLUTION OF THE PLANNING COMMISSION 3 OF THE CITY OF TUSTIN, APPROVING AMENDMENT NO. 3 TO CONDITIONAL USE PERMIT 4 88-8 MODIFYING THE SITE DEVELOPMENT PLANS AND REQUIRED PARKING AT OAK TREE PLAZA 5 LOCATED AT 17582, 17592, 17602 AND 17612 EAST SEVENTEENTH STREET 6 The Planning Commission of the City of Tustin hereby resolve 7 as follows: 8 I. The Planning Commission finds and determines as follows: 9 A. That a proper application for Amendment No. 3 to Conditional Use Permit 88-8, has been filed by the 10 City of Tustin on behalf of Manchester Development Corporation, requesting to amend the provisions of 11 Use Permit 88-8, regarding site development plans and parking requirements to facilitate a City well 12 site. 13 B. That a public hearing was duly called, noticed and held on said applications on November 25, 1991. 14 C. That establishment, maintenance and operation of 15 the uses applied for will not, under the circumstances of this case, be detrimental to the lGi health, safety, morals, comfort or general welfare of the persons residing or working in the 171! neighborhood of such proposed use as evidenced by the following findings: 18 ; _._ 1. The amendments contained herein are necessary 19 to avoid incompatible elements of the project and to ensure compliance with the original ' 201 Conditional Use Permit 88-8 and subsequent H amendments. 2l" 2. Based upon the proposed site modifications to 22 accommodate the City's well site, the modifications would not effect the current 23i1 efficiency of the parking lot in that the effected parking area would still functions 24I substantially similar to the present conditions. 25 3. Based upon the results of a parking demand 26 analysis, the loss of six spaces to accommodate the City's well site would not 27 conflict with the existing demand for parking within the center. The remaining 264 parking 23Ispaces would exceed the demand for parking i Resolution No. 2979 2 Page 2 ' 3 4 currently generated by the tenant mix of office, retail, restaurant and medical uses as j 5 supported by the November, 1991 Parking Demand Study. 6 D. That the establishment, maintenance and operation 7 of the uses applied for would not be injurious or detrimental to the property and improvements in the 8 neighborhood of the subject property nor to the general welfare of the City of Tustin as evidenced 9 by the findings noted above. 101 E. That the project is exempt from the requirements of the California Environmental Quality Act, pursuant ]] to Section 15301 (Class 1) . 12� II. The Planning Commission hereby approves a Amendment No. 3 to Conditional Use Permit 88-8, subject to the 13 conditions contained in Exhibit A attached hereto. 14 PASSED, APPROVED AND ADOPTED by the Planning Commission at a regular meeting on the 25th day of November, 1991. ]5 . 1G�! I 1R� ALDEN L: -BAKER, CHAIRMAN ]9I; 201 KATHY,CLANCY, 22 SECRETARY ` 23 24i 25 i 261 27 I 23; I I i i 1 � i 2 3 4 STATE OF CALIFORNIA ) 5 COUNTY OF ORANGE ) CITY OF TUSTIN ) 6 7 I, KATHLEEN CLANCY, the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission 8 of the City of Tustin, California; that Resolution No. 2979 was duly passed and adopted at a regular meeting of 9 the Tustin Planning Commission, held on the 25th day of November, 1991. 10 11 12 13 KATHLEEN CLANCY Recording Secretary 14 1 Fi �i W, lily 13 - 19 , 20 :i 21;' 22 23 24 25' 26 ' 27 28 I i EXHIBIT A RESOLUTION NO. 2979 CONDITIONS OF APPROVAL Amendment No. 3 to Conditional Use Permit 88-8 (1) 1.1 All original conditions of approval contained within Exhibit A of Planning Commission Resolution 2494 and 2710 shall remain in effect, except those modified herein. The conditions established by City Council Resolution No. 89-77 will be superseded by the conditions contained herein. (1) 1.2 Unless otherwise specified, conditions contained in this exhibit shall be complied with prior to issuance of any additional building permits for the project. *** 1.3 Conditions 1.1 and 1.3 of Exhibit A of Planning Commission Resolution No. 2710 shall be revised to read as follows: 111.1 The proposed project shall substantially conform with the submitted site plan for the project date stamped May 9, 1988 on file with the Community Development Department as amended by the City Council on July 17, 1989, and the Planning Commission on November 27, 1989 and November 25, 1991, and as herein modified, or as modified by the Director of Community Development Department in accordance with this resolution. 111.3 A total of 264 parking spaces shall be maintained for the office/commercial center." SOURCE CODES (l; 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 ATTACHMENT H Oak Tree Plaza correspondence related to parking FILE COPY Community Development Department City of Tustin 300 Centennial Way September 27, 1993 Tustin, CA 92680 Director Ms. Brandy J. Fakier (714)573-3106 The Seeley company Planning&Zoning Info, 1 Park Plaza, Suite 1200 (714)573-3140 Irvine, CA 92714 Buildng SUBJECTS OAR TREE PLAZA, MEDICAL USE (714)573-3131 (714)573-3132 Dear Ms. Fakier: Housing (714)573-3117 Thank you for your letter received September 17, 1993 Code Enforcement related to the allowed medical uses within Oak Tree Plaza (714)573-3134' at 17582 - 17612 17th Street. The proposed location of Business License a chiropractor for Suite 106, instead of Suite 101, in (714)573-3144 Building A (17582 17th St.) would be consistent with the intent of modified Condition 1.4a of Planning Commission Inspection Requests Resolution No. 2710. The proposed Suite 106 with 1,018 (714)573-3141 square feet would be less than the 1,418 maximum square Graffiti Hot Line feet of medical space authorized for the building. (714)573-3111 Should you have any questions or concerns related to this FAX Machine matter, please do not hesitate to contact me at (714) (714)573.3113 573-3115. i inc e Daniel Fox, AICP Senior Planner DF:oaktree f i i i t i SEVENTEENTH STREET: - EIAJ LOT 1 • � -, !�*-. .r . i- i .i� -'LJ�, _.. -mss= � l� _���' - ,. � S--•—tit i; �� f 'f. �! , i�y [ �. `� .� til s-z—i•" •p ' ,ik, ilk } 1 �`� tic f.'S)I r'+ 1C0}r11111�RGU►b' 1 -41 / t --e. . AS 0 +Jr a3a r = �✓ li , r L - ' - y - - ,, STORY OrfIC■PA LOT 2 CI O �St Community Development Department City of Tustin December 14, 1999 300 Centennial way Tustin.CA 92730 (714) 573-3100 Nakata International Corp 14032 Enderle Center,Dr.#220 Tustin, CA 92780 Attn: Minako Nishi SUBJECT:CHAR CHICKEN AT 17612 SEVENTEENTH ST.,SUITE 102 Dear Ms.Nishi: On November 23, 1999 we received tenant improvement plans for establishment of a restaurant at 17612, Suite 102. The proposed restaurant is located in Building B. The retail center was developed in 1988 as a planned community retail/commercial center(Oak Tree Plaza). A second amendment to the planned community regulations on November 27, 1989 limited the number of restaurant seats to 224 and within the Buildings designated as Building A and C(see attachment, Condition 1.4(d) of Resolution 2710). Following your request, a restaurant seating count was conducted. There are currently five restaurants(including deli and sandwich shops)on site with a total of 201 seats(including outdoor seating). The proposed restaurant space for Char Chicken is 1,935 square feet in area with twenty-six(26) seats. With a retail parking ratio of one(1) parking space per 200 square feet, the Char Chicken space would be required to provide ten(10)parking spaces. The proposed twenty-six(26)seats would require nine (9) parking spaces. Therefore, the restaurant use of the site would not intensify the retail uses and require additional parking. Since sufficient parking could be provided, I hereby amend Condition 1.4 (d) of Planning Commission Resolution 2710 to read as follows: d. A maximum of 250 seats of restaurant use within 11,668 square feet of the retail ' buildings A,B and C may be allowed as follows: i Space Number Maximum Seating Square Foote l 101,Bldg. C 12 seats 996 sq.ft. 104, Bldg. A 142 seats 3,647 sq.ft. 104,Bldg. C 16 seats 1,200 sq.fl. I 105, Bldg.A 24 seats 2,000 sq.ft. 106,Bldg. A 15 seats 1,000 sq.ft. , 107, Bldg.A 15 seats 1,000 sq.ft. 102,Bldg. B 26 seats 1,935 sq.ft. f Nakata International December 14, 1999 Page 2 i In addition, in accordance with Condition 1.6 of Resolution No. 2494, a maximum number of thirty(30)outdoor seats are allowed. Please note that outdoor seats in excess of the allowable thirty(30) seats sliall be removed within ten(10)days from the date of this letter. Please contact Minoo Ashabi, Assistant Planner at (714)573-3126, if you have any further questions. Sincerely, Elizabeth Binsack Community Development Director Attachment A-Amended Planned Community Regulations B-Conditions of Approval(CUP-88-8) Cc: POD i Mxpodkhar-chicken ATTACHMENT I Correspondence with 17592 17th Street Community Development Department TUSTIN July 7, 2015 o + Y PV Tustin LLC/Real Estate Services 15901 Red Hill Avenue, Suite 205 Tustin, CA 92780 RE: APPLICATION FOR CONDITIONAL USE PERMIT 2015-06 HISTORY BUILDING OUR FUTURE To Whom it May Concern: HONORING OUR PAST As the property owner of 17592 17th Street, Tustin, CA 92780, you are receiving this letter in relation to Conditional Use Permit (CUP) 2015-06 which proposes to amend CUP 88-8 pertaining to the parking requirements for Oak Tree Plaza located at 17582-17612 17th Street. Your property is included within the Oak Tree Plaza and is subject to the development standards as approved under CUP 88-8. The City has made numerous correspondences with your representatives both verbally and in writing to explain the proposal under CUP 2015-06 and the potential impact to your property (Attached). Your property manager, Ms. Serena Benson of Southern California Real Estate Solutions, directed City staff to correspond directly with Mr. John Clement of Venture Point on your behalf regarding this matter. On June 11, 2015, Mr. Clement requested a continuance of CUP 2015-06 to further review the application proposal. At a regular meeting on June 16, 2015, the Zoning Administrator granted this continuance request and continued CUP 2015-06 to a date certain of July 14, 2015. The City has requested to Ms. Benson and Mr. Clement that the property owner of 17592 17th Street sign and notarize the application for CUP 2015-06 to act as a joint applicant in order to amend conditions of approval related to parking and uses for the property at 17592 171h Street. As of the date of this letter, no response from either Ms. Benson or Mr. Clement has been received. Please be aware that the City will be proceeding with the processing of the application for CUP 2015-06 at the scheduled Zoning Administrator hearing on July 14, 2015. If you or your authorized representative choose not to sign and notarize the application for CUP 2015-06 then conditions of approval directly pertaining to your property located at 17592 17th Street will not be amended. The Zoning Administrator meeting begins at 9:00 a.m. in the Community Development Conference Room located at 300 Centennial Way. You or a representative are encouraged to attend this meeting. A copy of the meeting agenda and staff report will be available 72 hours prior to the scheduled meeting if you would like to review them. Should you have any questions regarding this project, please contact me at (714) 573-3123 or by electronic mail at rswiontek(a)tustinca.org. Sincerely, RY an wiontek Senior Planner Attachment: 1. Email dated June 3,2015,to Serena Benson 2. Email dated June 11,2015,to John Clement 3. Email dated June 23,2015,to John Clement CC: John Clement,Venture Point,4685 MacArthur Court,Suite 375, Newport Beach, CA 92660 300 Centennial Way,Tustin, CA 92780 • P: (714) 573-3100 • F: (714) 573-3113 0 www.tustinca.org ATTACHMENT 1 EMAIL DATED JUNE 3, 2015 TO SERENA BENSON Swiontek, Ryan From: Swiontek, Ryan Sent: Wednesday,June 03, 2015 2:01 PM To: 'Serena Benson' Subject: RE: 17592 17th Street Hi Serena, Thank you, please let me know if you need anything. Ryan From: Serena Benson [mailto:serena(!'P)socalres.com] Sent: Wednesday, June 03, 2015 1:10 PM To: Swiontek, Ryan Cc: Willkom, Justina; 'Kristyn Anderson'; 'Brenda Bunch' Subject: RE: 17592 17th Street Ryan, I have forwarded to my client and we will circle back asap. Regards, Serena Elliott-Benson,CPM° President Southern California Real Estate Services 15901 Red Hill Ave., Suite 205,Tustin, CA 92780 714.259.9900 Fax: 714.259.9910 From:Swiontek, Ryan [mailto:RSwiontek@tustinca.org] Sent:Wednesday,June 03, 2015 11:26 AM To:serena@socalres.com Cc:Willkom,Justina Subject: 17592 17th Street Hi Serena, Thank you for returning my phone call this morning to discuss the submitted application for Conditional Use Permit (CUP) 2015-06. 1 have attached the original approvals for Oak Tree Plaza for your reference as requested. I will briefly explain the request submitted under CUP 2015-06 and I would be happy to further discuss the proposed project in person when you and your client are available. Oak Tree Plaza consists of the properties addressed at 17582-17612 17`h Street(APN Nos.401-351-04 and 401-351-05) which include three retail buildings on the property fronting 17`h Street and an office building on the property fronting Vandenburg Lane. Oak Tree Plaza is located in the Planned Community Commercial (PC COM) zoning district and was originally approved on May 9, 1988, under Conditional Use Permit 88-8 through the adoption of Planning Commission Resolution No. 2494 (attached). An amendment to CUP 88-8 was adopted on November 27, 1989,through the adoption of Planning Commission Resolution No. 2710, which was later revised on March 3, 1992 with minor text corrections (both attached). The CUP 2015-06 application proposes to amend the conditions of approval of CUP 88-8 related to parking requirements. At the time of adoption,the parking requirements contained within CUP 88-8 were consistent with the Tustin City Code; however,the City's Parking Ordinance has since been updated. If utilizing the City Code requirements, the retail property(APN 401-351-05) would qualify as a large retail center because it is over 30,000 square feet of building area. This would allow for more flexibility in their uses which are currently constrained by the conditions within CUP 88-8. Essentially this change would allow for additional restaurant/fast food and medical office use (An urgent care center is proposed). The parking requirements for general office use as currently allowed within the building located at 1759217 1h Street(APN 401-351-04) would remain the same at 1 space for each 250 sq.ft.of gross floor area as approved under CUP 88-8 and which is currently required within the Tustin City Code. Condition 1.3 of Resolution No 2494(and amendment under Resolution No. 2710) would be modified to remove specific parking standards and instead reference the parking standards contained within the Tustin City Code. Additional conditions pertaining to maximum medical office use in specific tenant spaces as well as restaurant seating limitations for the retail property would also be removed. Condition 1.4b of Resolution No 2494(and amendment under Resolution No. 2710) restricts the use of medical office or related uses within the building located at 17592 17th Street(APN 401-351-04). Staff research of the Planning Commission meeting minutes from May 9, 1988(attached) indicates that the only reason medical office use was restricted for the subject building was due to a lack of available parking. The City's Parking Ordinance has since changed and now allows the first 4,000 sq.ft. of medical office space within a building or center to be calculated at the general office ratio of 1 space for each 250 sq.ft. of gross floor area and 6 spaces for each 1,000 sq.ft.of gross floor area in excess of 4,000 sq.ft.. This would allow for a minimum of 4,000 sq. ft.of medical office use within the building consistent with the allowances of other office developments within the City. It is the intent to remove the restrictions on medical office use imposed by Condition 1.4b. The approval and notarized signature of the property owner(s)or authorized representative of 17592 17th Street(APN 401-351-04) is requested on the application for CUP 2015-06 and any subsequent approval documents, if approved. Please let me know if you have any questions or would like to further discuss the project. Thank you, Ryan Ryan Swiontek Senior Planner City of Tustin Community Development Department Plamling Division 300 Centennial Way Tustin,CA 92780 Tel. (714)573 3123 Fax (714)573 3113 2 ATTACHMENT 2 EMAIL DATED JUNE 11, 2015 TO JOHN CLEMENT Swiontek, Ryan From: Swiontek, Ryan Sent: Thursday,June 11, 2015 4:00 PM To: 'John Clement' Subject: RE: 17592 17th Street,Tustin, CA 92780 Attachments: CUP 2015-06 Continuance Request.pdf Hi John, Thank you for your request to continue the public hearing item pertaining to Conditional Use Permit 2015-06. Please find the attached Agenda Report requesting continuance of the item. Please let me know if you have any questions. Thank you, Ryan From: John Clement[ma ilto:john.clement(o)venturepo!ntinc.com] Sent: Thursday, June 11, 2015 7:23 AM To: Swiontek, Ryan Subject: RE: 17592 17th Street, Tustin, CA 92780 Hello Ryan, Thank you very much for the information on this CUP. Due to the impact on our adjoining property,we ask this hearing be continued to allow us sufficient time to review the conditions. Best regards, John E. Clement President VENTUREPOINT PROPERTY ASSET MANAGEMENT ♦ INVESTMENT ♦DEVELOPMENT 4685 MacArthur Court,Suite 375,Newport Beach,CA 92660 Tel: 949.673.4660 Fax: 949.220.0566 Email:Cohn.clement(@venturepointinc.com Website: www.venturepointinc.com `A, Please consider the environment before printing this e-mail Confidentiality Notice:The information contained in this electronic e-mail and any accompanying attachment(s)is intended only for the use of the intended recipient and may be confidential and/or privileged.If any reader of this communication is not the intended recipient,unauthorized use,disclosure or copying is strictly prohibited,and may be unlawful.If you have received this communication in error,please immediately notify the sender by return e-mail,and delete the original message and all copies from your system.Thank you. From: Swiontek, Ryan [ma iIto:RSwiontekCa>tustinca.org] Sent: Wednesday, June 10, 2015 5:25 PM 1 To: john.clement(�bventurepointinc.com Subject: 17592 17th Street, Tustin, CA 92780 Hi John, Thank you for returning my phone call this afternoon regarding Conditional Use Permit 2015-06 pertaining to parking at Oak Tree Plaza. Please find my contact information below should you have any additional questions. Thank you, Ryan Ryan Swiontek Senior Planner City of Tustin Community Development Department Planning Division 300 Centennial Way Tustin,CA 92780 Tel. (714)573 3123 Fax (714)573 3113 2 ATTACHMENT 3 EMAIL DATED JUNE 23, 2015 TO JOHN CLEMENT Swiontek, Ryan From: Swiontek, Ryan Sent: Tuesday,June 23, 2015 7:47 AM To: 'John Clement' Subject: RE: 17592 17th Street,Tustin, CA 92780 Attachments: EXHIBIT A - Potential Conditions.pdf, PC RES 2494.pdf, PC RES 2710 (revised).pdf, PC RES 2710.pdf, PC RES 2979.pdf, CC RES 89-077.pdf,Application.pdf, DevelopmentAppForm.pdf Hi John, Please find the proposed conditions of approval for CUP 2015-06 attached for your reference. I have also attached the relevant resolutions which are referenced in the document as well as the application for CUP 2015-06 which will require the owner(s)or authorized agent of 17592 17th Street to sign and notarize. Please let me know when you are available to discuss the project. Thank you, Ryan From: John Clement[mailto:john.clement(cbventurepointinc.com] Sent: Thursday, June 11, 2015 7:23 AM To: Swiontek, Ryan Subject: RE: 17592 17th Street, Tustin, CA 92780 Hello Ryan, Thank you very much for the information on this CUP. Due to the impact on our adjoining property,we ask this hearing be continued to allow us sufficient time to review the conditions. Best regards, John E. Clement President VENTUREPOINT PROPERTY ASSET MANAGEMENT ♦ INVESTMENT ♦DEVELOPMENT 4685 MacArthur Court,Suite 375,Newport Beach,CA 92660 Tel: 949.673.4660 Fax: 949.220.0566 Email:john.clement(�venturepointinc.com Website: www.venturepointinc.com ,A Please consider the environment before printing this e-mail Confidentiality Notice:The information contained in this electronic e-mail and any accompanying attachment(s)is intended only for the use of the intended recipient and may be confidential and/or privileged.If any reader of this communication is not the intended recipient,unauthorized use,disclosure or copying is strictly prohibited,and may be unlawful.If you have received this communication in error,please immediately notify the sender by return e-mail,and delete the original message and all copies from your system.Thank you. 1 From: Swiontek, Ryan [mailto:RSwiontek@tustinca org] Sent: Wednesday, June 10, 2015 5:25 PM To: iohn.clement(a)venturepointinc com Subject: 17592 17th Street, Tustin, CA 92780 Hi John, Thank you for returning my phone call this afternoon regarding Conditional Use Permit 2015-06 pertaining to parking at Oak Tree Plaza. Please find my contact information below should you have any additional questions. Thank you, Ryan Ryan Swiontek Senior Planner City of Tustin Community Development Department Planning Division 300 Centennial Way Tustin,CA 92780 Tel. (714)573 3123 Fax (714)573 3113 2 ATTACHMENT J Zoning Administrator Action 15-006 ZONING ADMINISTRATOR ACTION 15-006 CONDITIONAL USE PERMIT 2015-06 17582-17612 17TH STREET The Zoning Administrator of the City of Tustin does hereby resolve as follows: 1. The Zoning Administrator finds and determines as follows: A. That a proper application for Conditional Use Permit (CUP) 2015-06 was filed by Dr. Zaid Noman of Xpress Urgent Care, requesting authorization to amend Conditional Use Permit 88-8 to revise the parking standards for the retail portion of Oak Tree Plaza to utilize the standards within the City of Tustin Parking Ordinance and amend outdated conditions of approval related to the retail portion of Oak Tree Plaza located at 17582-17612 17th Street to accommodate an urgent care facility and a yoga studio. B. That the Planned Community Commercial (PC-COM) zoning designation and General Plan land use designation of Planned Community Commercial/Business (PCCB) allow for a variety of commercial uses including retail, service commercial, and general and professional office. 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. Section 9299b(4)(d) of the Tustin City Code authorizes the Zoning Administrator to consider requests for amendments to conditions of approval established by the Planning Commission or City Council. These include condition amendments that are determined by the Community Development Director to be minor in nature and will not alter the original intent of the project or site. D. That the Planning Commission adopted Resolution Nos. 2493 and 2494 approving Design Review 88-4 and Conditional Use Permit 88-8 to establish Oak Tree Plaza on May 9, 1988. E. That an amendment to Conditional Use Permit 88-8 to modify the uses and parking standards to allow for a single dental tenant in the retail center was approved on July 17, 1989, by the City Council through the adoption of Resolution No. 89-77. F. That a second amendment to Conditional Use Permit 88-8 incorporating findings of a parking demand study and changing the allowable uses within the retail center was approved on November 17, 1989, by the Planning Commission through the adoption of Resolution No. 2710. G. That a third amendment to Conditional Use Permit 88-8 to allow a City well site on 17592 17th Street was approved on November 25, 1991, by the Planning Commission through the adoption of Resolution No. 2979. Zoning Administrator Action 15-006 Conditional Use Permit 2015-06 Page 2 H. That a Revised Resolution No. 2710, which corrected minor text errors, was adopted by the Planning Commission on March 23, 1992. I. That the Community Development Director interpreted and modified the conditions of approval on September 27, 1993 and December 14, 1999, to allow for flexibility in the location of uses so long as the overall square footage thresholds identified in Conditional Use Permit 88-8 were not exceeded. J. That a public hearing was duly called, noticed, and held for Conditional Use Permit 2015-06 on June 16, 2015, by the Zoning Administrator. A request for continuance of the item was received from the property of the office building located at 17592 17th Street within Oak Tree Plaza to allow for sufficient time to review the proposed application. The Zoning Administrator granted the continuance request to a date certain. K. That a public hearing was duly called, noticed, and held for Conditional Use Permit 2015-06 on July 14, 2015, by the Zoning Administrator. L. That Oak Tree Plaza consists of a mixed-use commercial center with three (3) retail buildings fronting 17th Street and an office building at the rear of the property adjacent to Vandenburg Lane. Oak Tree Plaza was originally developed under single ownership with common parking and is now under separate ownership. The property owner of the office building located at 17592 17th Street within Oak Tree Plaza was notified regarding the proposed amendments to CUP 88-8 and it was requested that the owner act as a joint applicant. The owner has been non-responsive to acting as a joint applicant on the application for CUP 2015-06. Therefore, no conditions of approval for CUP 88-8 pertaining to the uses or development standards associated with the office building located at 17592 17th Street would change and no new conditions will be imposed on the property as a result of CUP 2015-06. M. That the establishment, maintenance, and operation of the proposed uses 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 as evidenced by the following findings: 1) Pursuant to Section 9299(4)(d) of the Tustin City Code, the Zoning Administrator may approve an amendment to conditions of approval established by the Planning Commission or City Council if it can be determined by the Community Development Director to be minor in nature and will not alter the original intent of the project or site. The Zoning Administrator Action 15-006 Conditional Use Permit 2015-06 Page 3 use of the Tustin City Code parking requirements will make the retail center consistent with other commercially zoned properties. The uses in the retail center would remain largely the same and consistent with those allowed within the Tustin City Code. 2) Development standards such as parking requirements may be modified over time as is the case with the City's Parking Ordinance. The proposed modifications would make the parking standards for the retail portion of Oak Tree Plaza consistent with the Tustin City Code. 3) The retail center would be required to consist predominantly of retail and service commercial uses in order to qualify as a large retail center pursuant to the Tustin Parking Ordinance. 4) Medical office uses such as dental, optometry, urgent care, and others licensed by the State of California to practice the healing arts (acupuncture, massage, chiropractor, etc.) are compatible uses within a neighborhood commercial retail center and have already been established in subject shopping center as well as similar locations elsewhere within the City. 5) The proposed amendments to CUP 88-8 and associated new conditions of approval would not directly impact the office building at 17592 17th Street. No conditions of CUP 88-8 pertaining to the uses or development standards associated with the property at 17592 17th Street would change as a result of CUP 2015-06. 6) If in the future City staff determines that a parking or traffic problem exists on the site or in the vicinity as a result of the amendments to Conditional Use Permit 88-8, the City may require that the applicant prepare a parking demand analysis or traffic study and the applicant shall bear all associated costs. Appropriate measures may be required to be implemented to resolve any parking or traffic problem. N. This project is Categorically Exempt pursuant to Section 15301 (Class 1 — Existing Facilities) of Title 14, Chapter 3 of the Guidelines for the California Environmental Quality Act. 11. The Zoning Administrator hereby approves Conditional Use Permit 2015-06 amending conditions of approval of Conditional Use Permit 88-8 to utilize the standards within the City of Tustin Parking Ordinance and amend outdated conditions of approval related to the retail portion of Oak Tree Plaza located at 17582-17612 17th Street to accommodate an urgent care facility and a yoga studio subject to the conditions contained within Exhibit A attached hereto. Zoning Administrator Action 15-006 Conditional Use Permit 2015-06 Page 4 PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin, at a regular meeting held on the 14th day of July, 2015. ELIZABETH A. BINSACK ZONING ADMINISTRATOR VERA TISCARENO 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 15-006 was duly passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 14th day of July, 2015. VERA TISCARENO RECORDING SECRETARY EXHIBIT A CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 2015-06 17582-1761217 TH STREET GENERAL (1) 1.1 All conditions of approval of Conditional Use Permit 88-8 as approved under Planning Commission Resolution No. 2494 and modified under City Council Resolution No. 89-77 and Planning Commission Resolution No. 2710, Revised Resolution No. 2710, and Resolution No. 2979 shall remain in effect, except as modified herein. (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 Approval of Conditional Use Permit 2015-06 is contingent upon the applicant and property owner(s) signing and returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the property owner(s) 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) 1.4 Any violation of any of the conditions imposed is subject to the issuance of an Administrative Citation pursuant to Tustin City Code Section 1162(a). (1) 1.5 As a condition of approval of Conditional Use Permit 2015-06, 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. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENTS (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTIONS Zoning Administrator Action 15-006 Conditional Use Permit 2015-06 Exhibit A Page 2 (1) 1.6 If in the future the City's Community Development Director, Police Chief, and/or Public Works Department determine that a parking or traffic problem exists on the site or in the vicinity as a result of the use, the Community Development Director, Police Chief, and/or Public Works Department may require that the applicant prepare a parking demand analysis or 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, Police Chief, and/or Public Works Department. Said mitigation measures may include, but are not limited to, the following: (a) Reduce the amount of restaurant and/or medical office use. (b) Provide additional parking. (c) Adjust business hours of operation. (1) 1.7 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. (1) 1.8 Conditions 1.3, 1.4, 1.6, 1.7, and 1.8 of Exhibit A of Planning Commission Resolution No. 2494 and as amended by City Council Resolution No. 89- 77 and Planning Commission Resolution No. 2710, Revised Resolution No. 2710, and Resolution No. 2979 are hereby revised as follows: 1.3 Parking for the Retail Buildings A, B, and C (17582, 17602, and 1761217 th Street) shall utilize the parking standards set forth in the Tustin City Code. Parking for the Office Building D (17592 17th Street) shall utilize the following standard: 1 parking space per 250 square feet of office use. 1.4 The uses authorized by the approval of Use Permit 88-8 are as follows: a. Retail Buildings A, B, and C (17582, 17602, and 17612 17th Street): All uses listed as permitted or conditionally permitted in the C-1 and C-2 zoning districts. Uses within the retail portion of Oak Tree Plaza shall consist predominantly of retail and service commercial uses. b. No change Zoning Administrator Action 15-006 Conditional Use Permit 2015-06 Exhibit A Page 3 c. No change d. Deleted 1.6 Deleted 1.7 Deleted 1.8 A total of 30,885 square feet of non-medical office use shall be contained within Building D (17592 17th Street) (1) 1.9 Conditions 1.4, 1.5, and 1.9 of Exhibit A of Planning Commission Revised Resolution No. 2710 are hereby deleted in their entirety. FEES (2) 2.1 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.