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HomeMy WebLinkAboutZAA 2015-006ZONING 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: I. 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for the retail portion of Oak Tree Plaza to utilize the standards within the City of Tustin Parking Ordinance and amend outdated conditions of approval related to the retail portion of Oak Tree Plaza located at 17582-17612 17tH Street to accommodate an urgent care facility and a yoga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, 20151 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 17t" 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 17t" 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 17t" 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 17t" 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. II. 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. BINSAC ZONING ADMINISTRATOR �►�!,�I111''11 1110, Eel 1110411:20146m] 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. RIM rte�1:16:1A I EXHIBIT A CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 2015-06 17582-17612 17TH STREET 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, 1.41 1.61 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 17t" 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.