Loading...
HomeMy WebLinkAboutZAA 16-014 ZONING ADMINISTRATOR ACTION 16-014 CONDITIONAL USE PERMIT 2016-21 14772 Plaza Drive The Zoning Administrator of the City of Tustin does hereby resolve as follows: I. The Zoning Administrator finds and determines as follows: A. That proper application has been submitted by Doug Baum, DMJ Holdings, for joint-use parking for dental offices within Suites 100 and 101, at an existing condominium office complex located at 14772 Plaza Drive. 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, Professional (PR) (Specific Plan 4-Tustin Plaza) and has a land-use designation of Professional Office (PO), 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. Pursuant to Section 9264a5 of the TCC, the Zoning Administrator has the authority to review and approve a Minor Conditional Use Permit a reduction of off-street parking. requirements and joint-use parking for parking areas serving structures with less than thirty thousand (30,000) square feet. E. That a public hearing was duly called, noticed, and held on said application on November 17, 2016, by the Zoning Administrator. 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, in that: 1. A Parking Demand Analysis dated October 24, 2016, was prepared by a licensed traffic engineer (Denis Bilodeau, PE, Infrastructure Group, Inc.) in accordance with TCC Section 9264. 2. That the project site is a condominium office complex with 36 parking spaces. Zoning:Administrator Action 16-014 CUP 2016-21 Page 2 1 That pursuant to TCC 9263, the current and proposed dental/medical office uses and general office uses at the site would require 9 parking spaces to accommodate all uses. A Parking Demand Analysis determined the peak demand for the dental offices of 3.5 parking spaces per 1,000 square feet of dental/orthodontic offices (19 spaces), andl a total of 34 spaces for all dental/orthodontic and general office, uses in the building. Therefore, the Parkingi Demand Analysis finds that adequate parking is available and no substantial conflict will exist in the peak hours of parking demand for the condominium office complex for the proposed uses,. 4. The Parking Analysis has been reviewed and accepted by the City's Traffic Engineer for methodology and accuracy. 5. That all of the on-site parking spaces are designated for joint, use and 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 on-site. IL The Zoning Administrator hereby adopts Zoning Administrator Action No. 16-0114 approving Conditional Use Permit 2016-21 authorizing the establishment of joint- use parking for a dental/medical offices within Suites 100 and 101 at an existing condominium office complex located at 14772 Plaza Drive, subject to the conditions contained within Exhibit A attached hereto, PASSED AND ADOPTED by the Zoniing, Administrator of the City of Tustin at a regular meeting on the 17th day of November, 2016. JTINA ' ILLIKOM ACTING ZONING ADMINISTRATOR V E WAt I CAI:�tl N o RECORDING SECRETARY Zoning Administrator Action 16-014 CUP 2016-21 Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, VERA TISCARENO, the undersigned, hereby certify that I am the Recording Secretary of the Zoning Administrator of the City of Tustin, California; that Zoning Administrator Action No. 16-014 passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 17th day of November, 2016. VE I O RECORDING SECRETARY t EXHIBIT A ZONING ADMINISTRATOR ACTION 16-014 CONDITIONAL USE PERMIT 2016-21 CONDITIONS OF APPROVAL 14772 PLAZA DRIVE GENERAL (1} 1.1 The proposed project shall substantially conform with the Parking Demand Analysis for the project date stamped November 17, 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) 2016-21 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). (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 CUP 2016-21 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 2016-21, 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. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) BUILDING CODE (7) PCICC POLICY (4) DESIGN REVIEW *** EXCEPTION Zoning Administrator Action 16-014 CUP 2016-21 November 17, 2016 Page 2 (1) 1.8 As a condition of approval of CUP 2016-21, 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 (5) 2.1 Approval is for a maximum of 5,302 square feet of medical uses. Any increase in the total area of medical use requires review and approval by the Community Development Director. A total of thirty-six (36) 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. (5) 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 new parking demand analysis and bear all associated costs. If the new 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 (5) 3.1 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 E=nvironmental Quality Act could be significantly lengthened.