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HomeMy WebLinkAboutPC RES 4311RESOLUTION NO. 4311 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 2016-04 FOR JOINT -USE PARKING FOR A CHIROPRACTIC OFFICE WITHIN SUITE 145 AT AN EXISTING CONDOMINUM OFFICE COMPLEX LOCATED AT 2552 WALNUT AVENUE. The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That proper application has been submitted by Michael K. Corey for joint - use parking for a chiropractic office within Suite 145 at an existing condominium office complex located at 2552 Walnut Avenue. 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) and has a land -use designation of Planned Community CommerciaVBusiness (PCCB), where office uses are permitted. 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 a public hearing was duly called, noticed, and held on said application on March 22, 2016, by the Planning Commission. E. 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, in that: 1. A Parking Availability Analysis dated February 29, 2016, was prepared by a licensed traffic engineer (Bernie W. Dennis of Hartzog Crabill, Inc.) in accordance with TCC Section 9264. 2. The Parking Analysis has been reviewed and accepted by the City's Traffic Engineer for methodology and accuracy. 3. That the project site was converted to a condominium office complex with 123 parking spaces in 2006. As a result of the addition of Resdution N*,. 4311 Page 2 ,accessible parking spaces, the site currently has 1118 parking spaces. The reduction of parking spaces due to provision of accessible parking spaces is permitted pursuant to TCC 9264c, 4That pursuant to TCC 9263, the current and' proposed ch,iropractj# medical office uses at the site would require 132 parking spaces to accommodate all uses. A parking demand analysis determined' a peak I use of 93 spaces. Therefore, the Parking Availability Analysis finds that adequate parking is available and no substantial conflict will exis,t in the peak hours of parking demand for the condominium office, complex for the proposed uses. 5. That al�l of the on-site parking spaces are designated for joint use an,,i 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 based on the availability of parking in that sufficient parking; would be available oni-sit�e. 11. The Planning Commission hereby approves CUP 2016-04 authorizing the establishment of Joint -use parking for a chiropractic office within Suite 145 at an existing condominium office complex located at 2552 Walnuit Avenue, 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 22nd day of March, 2016. AUSTIN LUN48ARD Chairperson a I IRS R a I IN Resdution No. 4311 Page 3 STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN 1, Elizabeth A, Binsack, the undersigned, hereby certify that I am the Planninlio Commission Secretary of the City of Tustin, California; that Resolution No. 4311 w I dully passed and adopted at a regular meeting of the Tustin Planning Commiission, hello on theday of March:, 2016. r ELIZABETH A. BINSAlbKj P'lanni'nig Commission Secretary Kozak, Lumbay d, Mason, Smith, Thompson (5) GENERAL EXHIBIT A RESOLUTION NO. 4293 CONDITIONAL USE PERMIT 2016-04 JOINT -USE PARKING 2662 WALNUT AVE, SUITE 146 CONDITIONS OF APPROVAL The proposed project shall substantially conform with the Parking Demand Analysis for the project date stamped March 22, 2016, 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 (TCC). (1) 1.2 This approval shall become null and void unless the use is established within twelve (12) months of the date of this Exhibit. Time extensions may be granted if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.3 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 (CUP) 2016-04 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 (2) CEQA MITIGATION (3) BUILDING CODE (4) DESIGN REVIEW (6) RESPONSIBLE AGENCY REQUIREMENT (6) LANDSCAPING GUIDELINES (7) PC/CC POLICY *** EXCEPTION 1 1 it Exhibit A Resolution No. 4311 Page 2 (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 CUP 2016-04 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 CUP 2016- 04, 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 CUP. (1) 1.7 As a condition of approval of CUP 2016-04, 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. (1) 1.8 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. USE RESTRICTIONS 2.1 A total of 118 on-site parking spaces 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 The proposed chiropractic use shall operate in accordance with the approved_ joint -use parking study for the project during the following hours: Monday, Tuesday, Wednesday, and Thursday from 8:30 a.m. to 12:00 p.m. and from 3:00 p.m. to 6:00 p.m. Some patient treatment may extend beyond 12:00 p.m., but patients shall not be scheduled between 12:00 p.m. and 3:00 p.m. *** 2.3 The proposed chiropractic use shall operate with a maximum of one (1) chiropractor and one (1) nurse/receptionist working at any one time. Exhibit A Resolution No. 4311 Page 3 *** 2.4 Any changes to the hours of operation or number of employees or professional staff require review and approval of the Community Development Director and may require an amendment to the joint use parking study. *** 2.5 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. 1