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HomeMy WebLinkAboutCC RES 15-66 RESOLUTION NO. 15-66 A RESOLUTION OF THE TUSTIN CITY COUNCIL APPROVING CONDITIONAL USE PERMIT 2015-23 ALLOWING THE ESTABLISHMENT OF JOINT USE PARKING IN ASSOCIATION WITH THE MEDICAL PLAZA (PARCELS 10 , 11, 12 AND 13 OF TENTATIVE PARCEL MAP 2015-127) AT THE VILLAGE AT TUSTIN LEGACY DEVELOPMENT The City Council of the City of Tustin does hereby resolve as follows: I. The City Council finds and determines as follows: A. That proper application has been submitted by 1C Tustin Legacy LLC (Regency Centers) for the development of a 248,292 square foot commercial center on approximately 22.7-acre site currently owned by the City of Tustin within Planning Area 7 of the MCAS Tustin Specific plan. B. That the development application includes a request to establish joint use parking for the Medical Plaza on Parcels 10, 11, 12 and 13 of TPM 2015- 127, with future addresses of 15120, 15100, 15000 and 15020 Kensington Park Drive, respectively. C. Pursuant to Tustin City Code (TCC) Section 9264, parking facilities may be used jointly for non-residential uses with different peak hours of operation with the approval of a Conditional Use Permit. D. That the site is zoned as MCAS Tustin Specific Plan (SP-1) within Planning Area 7 of Neighborhood B; and designated as MCAS Tustin Specific Plan by the Tustin General Plan. 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. E. That the proposed medical plaza is comprised of four (4) buildings of approximately 150,000 square feet of floor area and a common parking area with 619 stalls. F. That a public hearing was duly called, noticed, and held on said application on August 25, 2015, by the Planning Commission. Following the public hearing, the Planning Commission adopted Planning Commission Resolution Nos. 4285 and 4293 recommending that the City Council approve the proposed project. Resolution No. 15-66 Page 1 of 7 G. That a public hearing was duly called, noticed, and held on said application on September 15, 2015, by the City Council and that the City Council continued the item to October 20, 2015. H. That the proposed use is consistent with the Tustin General Plan Land Use Element including the following City goals and policies for the long- term growth, development, and revitalization of Tustin, including the MCAS Tustin Specific Plan area: 1. Achieve balanced development. 2. Ensure that compatible and complementary development occurs. 3. Promote economic expansion and diversification. 4. Implement a reuse plan for MCAS Tustin which maximizes the appeal of the site as a mixed-use, master-planned development. That the establishment, maintenance, and operation of the proposed use will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare; the location, size, architectural features and general appearance of the proposed development will not impair the orderly and harmonious development of the area, the present or future development therein, the occupancy thereof, or the community as a111 whole of the City of Tustin in that: 1. That a Parking Analysis and Management Plan dated August 12, 2015, was prepared by a licensed traffic engineer (Richard Barretto, P.E. of Linscott Law & Greenspan Engineers) in accordance with Tustin City Code Section 9264 and MCAS Tustin Specific Plan. 2. That the Parking Analysis has been reviewed and accepted by the City's Traffic Engineer for methodology and accuracy. 3. That per the Tustin City Code, the medical plaza would require 610 off-street parking spaces; 619 parking spaces are currently proposed; the Parking Analysis determined a peak usage of 598 parking spaces; therefore, the Parking Analysis and Management Plan demonstrates that no substantial conflict will exist in the peak hours of parking demand for the medical plaza for the proposed uses. 4. That the number of spaces needed for the medical uses does not exceed the number of spaces anticipated to be available during different hours of operation. 5. That the parking spaces designated for joint use are located such that they will adequately serve the uses for which they are intended. Resolution No. 15-66 Page 2 of 7 6. That the proposed use, as conditioned, will not have a negative effect on surrounding properties, or impact traffic on the ability of parking in that sufficient parking would be available on-site. 7. That a written agreement is required to be recorded on each of the affected parcels to ensure the continued availability of the number of parking spaces designated for joint use and availability of reciprocal access easements. J. On January 16, 2001, the City of Tustin certified the Program Final Environmental Impact Statement/Environmental Impact Report (FEIS/EIR) for the reuse and disposal of MCAS Tustin. On December 6, 2004, the City Council adopted Resolution No. 04-76 approving a Supplement to the FEIS/EIR for the extension of Tustin Ranch Road between Walnut Avenue and the future alignment of Valencia North Loop Road. On April 3, 2006, the City Council adopted Resolution No. 06-43 approving an Addendum to the FEIS/EIR. And, on May, 13, 2013, the City Council adopted Resolution No. 13-32 approving a second Addendum to the FEIS/EIR. The FEIS/EIR along with its Addenda and Supplement is a program EIR under the California Environmental Quality Act (CEQA). The FEIS/EIR, Addenda and Supplement considered the potential environmental impacts associated with development on the former Marine Corps Air Station, Tustin An Environmental Checklist has been prepared and concluded that these actions do not result in any new significant environmental impacts or a substantial increase in the severity of any previously identified significant impacts in the FEIS/EIR. Moreover, no new information of substantial importance has surfaced since certification of the FEIS/EIR. II. The City Council hereby approves Conditional Use Permit 2015-23 approving the establishment of a joint use parking for the medical plaza subject to the conditions attached hereto as Exhibit A. PASSED AND ADOPTED by the City Council of the City of Tustin at a regular meeting on the 20th day of October, 2015. CHARLES E. PUCKETT, Mayor Resolution No. 15-66 Page 3 of 7 ATTEST: ERICA N. RABE, City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) I, Erica N. Rabe, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council is five; that the above and foregoing Resolution No. 15-66 was duly and regularly passed and adopted at a regular meeting of the City Council held on the 20th day of October 2015 by the following vote: COUNCILPERSONS AYES: Puckett, Murray, Bernstein (3) COUNCILPERSONS NOES: None (0) COUNCILPERSONS ABSTAINED: Gomez, Nielsen (2) COUNCILPERSONS ABSENT: None (0) ERICA N. RABE, City Clerk Resolution No. 15-66 Page 4 of 7 EXHIBIT A RESOLUTION NO. 15-66 CONDITIONAL USE PERMIT 2015-23 JOINT USE PARKING PARCELS 10, 11, 12 AND 13 15120, 15100, 15000 AND 15020 KENSINGTON PARK DRIVE CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped October 20, 2015, on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Director of Community Development may also approve subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code. (1) 1.2 The subject project approval shall become null and void unless permits for the proposed project are issued and substantial construction is underway within one (1) years of the date of this Exhibit unless a longer period is authorized by Development Agreement 2015-01. Time extensions may be considered if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.3 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specked, subject to review and approval by the Community Development Department. (1) 1.4 Approval of CUP 2015-23 is contingent upon the applicant signing and returning to the Community Development Department a notarized "Agreement to Conditions Imposed' form and the property owner signing and recording with the County Clerk -Recorder a notarized "Notice of Discretionary Permit Approval and Conditions of Approval" form. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) BUILDING CODE (7) PC/CC POLICY (4) DESIGN REVIEW "*{ EXCEPTION (1) 1.5 Any violation of any of the conditions imposed is subject to issuance of an administrative citation pursuant to TCC 1162(a). (1) 1.6 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. (1) 1.7 As a condition of approval of CUP 2015-23, 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 defense of any such action under this condition. (1) 1.8 CUP 2015-23 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. The Community Development Director shall review the use to ascertain compliance with conditions of approval. If the use is not operated in accordance with CUP 2015-23, or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the Community Development Director shall impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the Conditional Use Permit. USE RESTRICTIONS *** 2.1 A total of 619 parking spaces within the medical plaza shall be maintained at all times. Any reduction of on-site parking, change of tenant spaces/uses, parking lot and/or circulation shall be reviewed and approved by the Community Development Department. *** 2.2 A recorded reciprocal access and parking agreement shall be drawn to the satisfaction of the City Attorney and Community Development Director and all executed by all property owners prior to final inspection of the Medical Center (Building K). The agreement shall be recorded on all parcels subject to the agreement. *** 2.3 If in the future the City determines that a parking problem exists on the site or in the vicinity as a result of the proposed project or if the parking analysis does not support the uses as concluded, the Community Development Director may require the applicant to prepare a parking demand analysis and bear all associated costs. If the Study indicates that there is inadequate parking, the applicant shall be required to provide immediate interim and permanent measures to be reviewed and approved by the Community Development Department and the Public Works Department. FEES (1) 3.1 Within forty-eight (48) hours of final approval of the 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 that 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. I