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HomeMy WebLinkAboutPC RES 4302RESOLUTION NO. 4302 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN APPROVING CONDITIONAL USE PERMIT 2015-27 AUTHORIZING A REDUCTION OF THE OFF-STREET PARKING REQUIREMENTS THROUGH JOINT USE/SHARED PARKING TO ACCOMMODATE THE CONVERSION OF UP TO 6,700 SQUARE FEET OF OFFICE SPACE TO RETAIL AND RESTAURANT USES AT PACKERS SQUARE LOCATED AT 13102 — 13152 NEWPORT AVENUE. The Planning Commission of the City of Tustin does hereby resolve as follows: 1. The Planning Commission finds and determines as follows: A. That a proper application has been submitted by Michael Lin, of NAI Capital requesting authorization for a reduction of off-street parking requirements to accommodate the conversion of up to 6,700 square feet of office space to retail and restaurant uses located at 13102-13152 Newport Avenue, also known as Packers Square. B. 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 (CUP). C. That the site is zoned as Planned Community Commercial (PC COM) within and designated as Community Commercial 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. D. That the subject properties are comprised of four (4) buildings of approximately 48,408 square feet of floor area and a common parking area with 269 parking stalls. E. That a public hearing was duly called, noticed, and held on said application on December 8, 2015, by the Planning Commission. F. That the establishment, maintenance, and operation of the proposed use will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin in that: Resolution No. 4302 Page 2 1. That a Parking Demand Analysis dated November 5, 2015, was prepared by a licensed traffic engineer (Richard Barretto, P.E. of Linscott Law & Greenspan Engineers) in accordance with TCC Section 9264. 2. That the Parking Analysis has been reviewed and accepted by the City's Traffic Engineer for methodology and accuracy. 3. That per the TCC, the mixed-use center would require 299 off-street parking spaces; 269 parking spaces are currently proposed; the Parking Analysis determined a peak usage of 245 parking spaces; therefore, the Parking Demand Analysis demonstrates that no substantial conflict will exist in the peak hours of parking demand for the multi-purpose center for the proposed uses. 4. That the number of spaces needed for the retail and restaurant uses do 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. 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. G. This project is Categorically Exempt pursuant to Section 15301 (Class 1) of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Planning Commission hereby approves CUP 2015-27 authorizing a reduction of off-street parking requirements via joint use parking to accommodate the conversion of up to 6,1UU square feet of office space to retail and restaurant uses located at 13102-13152 Newport Avenue, also known as Packers Square, subject to the conditions contained within Exhibit A, attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 8t" day of December, 2015. JEF . THOM SON Chairperson ELIZABETH A. BINSACK Planning Commission Secretary Resolution No. 4302 Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4302 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 8th day of December, 2015. PLANNING COMMISSIONER AYES: PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: ELIZABETH A. BINSACK Planning Commission Secretary Kozak, Lumbard, Smith, Thompson (4) Altowaij i (1) GENERAL EXHIBIT A RESOLUTION NO. 4302 CONDITIONAL USE PERMIT 2015-27 13102, 13112, 13132 AND 13152 NEWPORT AVENUE CONDITIONS OF APPROVAL The proposed project shall substantially conform with the Parking Demand Analysis for the project date stamped December 8, 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 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 related improvements are issued and substantial construction is underway within one (1) year of the date of this Exhibit. 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 specified, subject to review and approval by the Community Development Department. (1) 1.4 Approval of Conditional Use Permit 2015-27 is contingent upon the applicant and property owner signing and returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the property owner signing and recording with the County Clerk -Recorder a notarized "Notice of Discretionary Permit Approval and Conditions of Approval" form. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. (1) 1.5 Any violation of any of the conditions imposed is subject to issuance of an administrative citation pursuant to TCC 1162(a). 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 Exhibit A Resolution No. 4302 Page 2 (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 Conditional Use Permit 2015-27 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 Conditional Use Permit 2015-27, or is found to be a nuisance or negative impacts are affecting the surrounding businesses 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. (1) 1.8 As a condition of approval of Conditional Use Permit 2015-27, the applicant and property owner 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 and property owner 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. USE RESTRICTIONS *** 2.1 A total of 269 parking spaces within the shopping center 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 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. Exhibit A Resolution No. 4302 Page 3 *** 2.3 Restaurant (dine -in and take-out) uses shall be limited to no more than 121125 SF (25%) of the total floor area unless supported by a supplemental parking analysis. 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.