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HomeMy WebLinkAbout03 PC REPORT CUP 2016-28 WALNUT AVENUE • AGENDA REPORT ITEM #3 MEETING DATE: JANUARY 24, 2017 TO: PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CONDITIONAL USE PERMIT 2016-28 PRIMARY APPLICANT: PROPERTY OWNER: DUNBAR WALNUT, LLC DUNBAR WALNUT, LLC 841 APOLLO STREET, STE, 334 841 APOLLO STREET, STE, 334 EL SEGUNDO, CA 96245 EL SEGUNDO, CA 90245 2492 WALNUT OWNERS ASSOCIATION 15241 LAGUNA CANYON ROAD IRVINE, CA 92618 SECONDARY APPLICANT: CROSSROAD CHURCH 2472 WALNUT AVENUE TUSTIN, CA 92780 PRIMARY SITE: 2492 WALNUT AVENUE SECONDARY SITE: 2472 WALNUT AVENUE GENERAL PLAN: PLANNED COMMUNITY COMMERCIAL/BUSINESS (PCCB) ZONING: PLANNED COMMUNITY COMMERCIAL (PC COM) REQUEST: TO INCREASE THE ALLOWED SQUARE FOOTAGE FOR MEDICAL USES FROM 16,543 SQUARE FEET TO 43,967 SQUARE FEET AT 2492 WALNUT AVENUE AND TO CONTINUE THE PREVIOUSLY APPROVED JOINT USE PARKING BETWEEN 2492 AND 2472 WALNUT AVENUE *777 n d. w� Planning Commission January 24, 2017 CUP 2016-28 Page 2 RECOMMENDATION That the Planning Commission adopt Resolution No. 4333 approving CUP 2016-28 to authorize an amendment to CUP 09-021 by increasing the allowed square footage for medical uses from 16,543 square feet to 43,967 square feet (100%) at 2492 Walnut Avenue and continuing the previously approved joint use parking between 2492 and 2472 Walnut Avenue. APPROVAL AUTHORITY The subject property is located within the Planned Community Commercial (PC COM) zoning district and the PC Commercial/Business (PCCB) land use designation. Pursuant to the Tustin City Code (TCC) Section 9264, with the approval of a CUP, parking facilities may be used jointly for nonresidential uses with different peak hours of operation. The Planning Commission approval of a CUP for joint use parking is required for parking areas serving structures totaling more than 30,000 square feet. BACKGROUND The project involves two (2) sites (Figure 1). The primary site is located at 2492 Walnut Avenue and the secondary site is located at 2472 Walnut Avenue. The project site is part of the Tustin Corporate Center and located within the Irvine Industrial Complex and the City's Planned Community Commercial (PC-COM) zoning district, which allows for a variety of industrial, office and commercial uses. The primary site is developed with a 43,967 square-foot two-story office building and is one of five (5) buildings in the Tustin Corporate Center. The secondary site is located directly adjacent to the primary site and improved with a two-story building currently occupied by a religious assembly use. .a; "X ILa, SEC©tVDARY PROJECT SITE PC Rr51 to PC i• � � y.^ s `=y yM ~•♦ Y aye^ Y PRt)JECT SITE . 2492 Walnut - Figure 1: Aerial Planning Commission January 24, 2017 CUP 2016-28 Page 3 Surrounding uses to the east, south and west include similar office and industrial business uses located within the Irvine Industrial Complex Planned Community District. To the northwest, the project site borders on Tustin Ranch Road with the Peppertree Residential Tract beyond. On March 14, 1988, the Planning Commission approved Use Permit (UP) 88-04 to allow a maximum of 7,500 square feet of medical office at primary project site 2492 Walnut Avenue. Any expansion of medical use beyond the 7,500 square feet was subject to Planning Commission approval. On January 8, 1990, the Planning Commission approved CUP 89-38 for a church use at 2472 Walnut Avenue and a parking variance (VAR 89-20) that required a joint parking agreement between 2492 Walnut Avenue and 2472 Walnut Avenue during certain days as further discussed below. On July 6, 2010, the City Council approved Tentative Parcel Map (TPM) 2008-136 to create a condominium office building for the eleven (11) suites at 2492 Walnut Avenue and an application for a CUP 09-021 to increase the approved square footage allowed for medical use from 7,500 square feet to 16,534 square feet and to establish joint use parking between the properties located at 2492 and 2472 Walnut Avenue. Any further expansion of medical use beyond 16,534 square feet is subject to Planning Commission Approval. DISCUSSION Project Description CUP 09-021, approved in 2010, currently allows for a maximum of 16,534 square feet of medical uses at the primary project site. The primary applicant is requesting approval of CUP 2016-28 to formally authorize the medical uses in the entire building for a total of 43,967 square feet, an increase of 27,433 square feet. Of the 43,967 total square feet, the actual rentable office space is 37,883 square feet. The remainder is common space within the building. The requested increase in medical use does not involve the physical expansion of the building footprint. Of the eleven (11) condominium units approved under TPM 2008-136, six (6) are currently occupied by medical uses for a total of 19,186 square feet, which reflects 2,652 square feet more than is currently allowed. It should be noted that in 2014, the City inadvertently issued a business license to an acupuncturist above and beyond the 16,534 square feet limit established in CUP 09-021. In addition, one (1) unit is occupied by a medical tenant that has not applied for or obtained a business license. The remaining five (5) units are a total of 18,697 square feet in area and are either vacant or currently occupied by general business office tenants. Currently, the building is 74% occupied. According to the Parking Study Report prepared for this project (Attachment D), the joint use parking between the Pianning Commission January 24, 2017 CUP 2016-28 Page 4 properties at 2492 and 2472 Walnut Avenue would accommodate the parking needs of both properties with the proposed intensification. (i5 Compact) Primary 161 space (159 after restripingj -- n M FL Secondary 98 spaces ,?' . W Figure 2: Site Plan Joint-Use Parking The building at 2492 Walnut (primary project site) is currently used for medical and general office use. There are currently 161 parking spaces on the site, of which 15 are striped for compact spaces. Tustin City Code (TCC) 9266d2d states that compact spaces may be provided in addition to and not in lieu of required parking. The compact spaces are located at the rear of the building, along the outside perimeter. Nevertheless, the parking lot is not in compliance with TCC and restriping to make the compact spaces standard sizes would reduce the onsite stalls by two (2) and leave a total of 159 parking spaces. For purposes of this report, 159 spaces at 2492 Walnut Avenue will be used in the analysis. The building at 2472 has 98 parking spaces and is used primarily on Sundays for church activities. The project site would have a total of 257 parking spaces between the two (2) properties. Planning Commission January 24, 2017 CUP 2016-28 Page 5 The primary and secondary project sites currently have a recorded Declaration of Establishments of Easements recorded February 23, 1990, in association with previously approved CUP 89-38 and Variance (VAR) 89-20 that approved the church use at the secondary site. The easement establishes reciprocal parking between the two (2) properties and was updated in 2011 following the approval of CUP 09-021. If the application is approved, condition of approval 2.5 requires the applicants to update the existing easement to reflect the medical use intensification, the continued reciprocal access easements and required parking spaces at each site. The proposed increase for medical uses from 16,534 square feet to 43,967 square feet (100% of the building) would increase the number of required parking spaces, per the TCC, at the primary project site to a total of 256 parking spaces, as shown in the following table: Table 1: Parking Summary Use Parking Gross Square Parking Total Parking Parking Ratio f=eet Required Required Provided On Site Medical X4,000 SF 1:250 4,000 16 256 159 Use 1 X4,000 SF 1:167 1 39,967 1 240 Section 9264a of the TCC allows for reduction of off-street parking requirements with an approved CUP for parking facilities jointly used and which have different peak hours of operation, such as an office building and a church site. To determine whether the parking demand could be met with the intensification of medical uses at the primary project site, a parking study was conducted by Transportation Engineering and Planning, Inc. (TEP) on a typical weekday and a typical Sunday. Based on the parking demand survey, the typical weekday peak parking demand at 2492 Walnut Avenue (primary site) was 65 spaces with a total of 256 spaces available on the two properties. The typical peak demand for 2472 Walnut (secondary site) on Sunday was 50 spaces. As indicated above, 2492 Walnut Avenue is currently 74% occupied. The parking study adjusted the parking demand for 100% occupancy. Based on the adjustment, the resultant parking demand for 2942 Walnut Avenue would be 105 spaces at the peak hour of 11:00 a.m. to 12:00 p.m. on a typical weekday and 51 spaces for 2472 Walnut Avenue on a typical Sunday between 11:00 a.m. and 12:00 p.m. (Table 2). Table 2: Summary of Parking Demand with 100%Occupancy 2492 Walnut Avenue and 2472 Walnut Avenue Days Observe Peak Parking Total Parking Provided Demand Monday-Friday 105 spaces 257 Sunday 51 spaces 257 Planning Commission January24, 2017 CUP 2016-28 Page 6 As conditioned, the primary and secondary applicants will be required to amend the existing Declaration of Easements to ensure the number of required parking spaces for each property is provided. Should the church at 2472 Walnut Avenue (secondary site) be discontinued, staff has provided a condition of approval that will require a new parking analysis. Given the observed peak parking demand of 105 spaces and the required modification to the Declaration of Easements, staff believes the proposed and existing uses can be accommodated by the parking spaces provided on 2492 and 2472 Walnut Avenue. Environmental Analysis Pursuant to Section 15301, Class 1 of California Environmental Quality Act (CEQA), CUP 2016-28 is exempt from the provisions of CEQA since the proposed uses involve negligible or no expansion of an existing use within an existing office facility. ANALYSIS In determining whether to approve the CUP, the Planning Commission must determine whether or not the proposed use will be detrimental to the health, safety, morals, comfort, and general welfare of the persons residing in or working in the neighborhood or whether it will be injurious or detrimental to property or improvements in the vicinity or to the welfare of the City. A decision to approve this request may be supported by the following findings: 1. TCC Section 9264 authorizes joint use parking for nonresidential uses with different peak hours of operation with approval of a CUP. 2. A Parking Study Report dated January 4, 2017, was prepared by a licensed traffic engineer (Craig S. Neustaedter, of Transportation Engineering and Planning, Inc.) in accordance with TCC Section 9264. 3. The Parking Study Report has been reviewed and accepted by the City's Traffic Engineer for methodology and accuracy. 4. That the .primary project site (2492 Walnut Avenue) was converted to a condominium office complex with eleven (11) units and currently has 161 parking spaces including unpermitted compact spaces. These spaces would be restriped to standard spaces; thereby, a total of 159 spaces would be provided onsite. 5. That the secondary project site (2472 Walnut Avenue) is a religious assembly use with joint use parking with 2492 Walnut Avenue currently has 98 parking spaces. Planning Commission January 24. 2017 CUP 2016-28 Page 7 6. That a Declaration of Establishment of Easements was recorded with the Orange County Clerk/ Recorder on February 23, 1990 and amended April 15, 2011, established a parking easement over the properties located at 2492 and 2472 Walnut Avenue. 7. That pursuant to TCG 9263, the proposed medical office uses at the site would require 256 parking spaces to accommodate medical uses in the entire building at 2492 Walnut Avenue. A parking demand analysis determined a peak use of 105 spaces at 1000/0 occupancy. Therefore, the Parking Study Report finds that a total of 257 spaces on primary and secondary sites are adequate and no substantial conflict will exist in the peak hours of parking demand for the condominium office complex for the proposed medical uses. 8. 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. 9. 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. Elaine Dove, AICP Elizabeth A. Binsack Senior Planner Community Development Director Attachments: A. Location Map B. Land Use Fact Sheet C. Submitted Plans D. Submitted Parking Study Report E. Resolution No. 4333 ATTACHMENT A Location Map LOCATION MAP 2492 Walnut Avenue 04, 4 2472 Walnut ` rf. SecondaryPROJECT SITES 2492 Walnut f/ y (Primary) r 500' 300° WA I S. r; � M1 rt � I ATTACHMENT B Land Use Fact Sheet LAND USE APPLICATION FACT SHEET 1. LAND USE APPLICATION NUMBER(S): CUP 2016-28 2. LOCATION: 2492 Walnut Avenue &2472 Walnut Avenue 3. APN(S): 432-491-35 and 432-491-34 4. PREVIOUS OR CONCURRENT APPLICATION RELATING TO THIS PROPERTY: Use Permit 88-04 (7,500 SF Med Ofc allowed), Conditional Use Permit 89-38 (Church use&Joint Parking) and Variance 89-20 (reduction of required parking from 204 spaces to 103 spaces at 2472 Walnut and 167 spaces to 66 spaces for'oint parking with church and office bldg.), PM 2008-136 to create 11 condominium suites CUP09-021 to increase medical use to 16,543 SF and establish ioint use oarking for 2492 and 2472 Walnut Ave. 5. SURROUNDING LAND USES: NORTH: Office/Commercial SOUTH: Office/Commercial EAST: Office/Commercial WEST: Residential 6. SURROUNDING ZONING DESIGNATION: NORTH: Planned Community Industrial (PC IND) SOUTH: Planned Community Industrial (PC IND) EAST: Planned Community Commercial (PC COM) WEST: Planned Community Residential (PC RES) 7. SURROUNDING GENERAL PLAN DESIGNATION: NORTH: Planned Community Commercial/Business SOUTH: Planned Community Commercial/Business EAST: Planned Community Commercial/Business WEST: Planned Community Residential 8. SITE LAND USE: EXISTING PROPOSED Use: General and Medical Office Medical Office, Joint-Use Parking Zoning: Planned Community Commercial No Change General Plan: Planned Community Commercial/Business No Change DEVELOPMENT FACTS: 9. LOT AREA: 102,366_S.F. 2.35 ACRES 10. BUILDING LOT COVERAGE: 50 percent MAX. PERMITTED N/A PROPOSED 11. SITE LANDSCAPING: 5 percent REQUIRED N/A PROPOSED 12. OPEN SPACE: N/A REQUIRED N/A PROPOSED 13. PARKING: REQUIRED PROPOSED 2492 Walnut Ave. 256 159 2472 Walnut Ave. 103 98 Joint Use 105 (peak) 257 14. BUILDING HEIGHT: Federal Aviation Agency Requirement NIA PROPOSED MAX. PERMITTED 15. BUILDING SETBACKS: REQUIRED PROPOSED FRONT (Street): 30 feet N/A SIDE: 10 feet N/A REAR: 0 feet NIA 16. OTHER UNIQUE CONDITIONS ASSOCIATED TO THE PROPERTY (I.E. SPECIAL STUDY ZONES, EASEMENTS, ETC.) Tustin Corporate Center access easement; Existing reciprocal Declaration of Easements for parking between 2472 and 2492 Walnut Avenue ATTACHMENT C Submitted Plans Lu a I � cn N 24 72 I f r 2492 Ngllyur , HERO=RIER50N —sFm ww r I 4 E R—C A—N _._.� Al W g z z F- n Z 5 - - k=11 ry ji Sum p 130 rt SUITE - o. 120 SUITE3 A- 6UITE __ w 100 a 1051110 _ - i SUITE ----- 06 - HEPD=.IER5OH OFDiSTi opt PIJw F I R 5 T TI-0-am-p-LK14 A2.1 j� Z LLIa z 3 r-d 47 L A� = d' fV ` suyrE �'r_ surc� � 250- - - SUITE -- '--' HOROMAN PIERSON F. b�ewav n s E c 0 N o FL-O^^O.�k P IA N A2.2 ATTACHMENT D Submitted Parking Study Report T EP sm P.O. Box 18355 phone 949 552 4357 Irvine CA 92623 fax 909494 4408 e-mail: tepirvine@sbcglobal.net mobile: 909 263 0383 January 4, 2017 2492 Walnut Av. Parking Study Report Issue Dunbar Walnut, LLC is requesting a conditional use permit from the City of Tustin to allow medical uses in the remaining office condominium units located in the building at 2492 Walnut Avenue in Tustin, California. The existing building is 43,967 ft.2 and currently consists of general office and medical office/clinic uses. Sufficient off street parking is provided for the office building as part of the reciprocal parking agreement with an adjacent church site. The city of Tustin requires a parking study be prepared by a California registered traffic engineer in order to consider the proposed conditional use permit. The purpose of this study is to demonstrate that no substantial conflict will exist in the peak hours of parking demand, and that adequate off street parking can be provided. Section 9264 of the Tustin City Code addresses the requirements for analyzing the reduction of off street parking. This section of the city code requires, "the methodology to be used in preparing the study shall be promulgated in the Institute of Transportation Engineers (ITE)". Project Description The existing office building is located at 2492 Walnut Ave. in Tustin California. This site is located south of Walnut Ave. between Tustin Ranch Road and Franklin Avenue. Figure 1 shows the site location. There are several buildings adjacent to the project which share access on Walnut Ave and Franklin Ave. These include two additional office buildings at 2552 Walnut Ave. and 14851 Franklin Ave., a small shopping mall located at 2512 Walnut Ave., and Crossroad Church located at 2472 Walnut Ave (formerly First Baptist Church). A shared parking condition exists for the project in relation to the adjacent church located at 2472 Walnut Avenue. The recorded rights of 2492 Walnut Avenue allows its tenants and guests non-exclusive use to park on the church property during business hours (ham — 6pm Monday to Friday). The layout showing the project site and the above referenced adjacent facilities is shown as Figure 2. The project consists of two floors containing general office and medical related uses. The total square footage of the office building is 43,967 ft.', The project site plan is shown as Figure 3. The site plan has recently been modified to add parking spaces. The existing building utilization is summarized as follows: First Floor Square footage Use Suite 100 4600 Office vacant Suite 110 7634 Medical Clinic Suite 120 4784 Office vacant Suite 130 4916 Diabetes Research Facility/ Medical Clinic Suite 140 3984 Physical Therapy Office/ Medical Clinic First floor common area 2364 Rentable square feet 25918 ; " Gross floor area 28282 =01-R&MANNIN WIN-1 N Second Floor Square footage Use Suite 200 3389 Office Suite 220 2160 Office vacant Suite 250 3764 Office Suite 260 724 Medical Office/Clinic Suite 268 1928 Medical Office/Clinic Second floor common 3720 area Rentable square feet 11965 Gross floor area 15685 Total.rentable square feet 37883 Total gross floor area 43967 Currently, 19,186 ft.2 of medical related uses occupy the office building. These include a medical clinic (Suite 110/7634 ft.2), a diabetes laboratory (Suite 130/4916 ft.2) and a physical therapy office (Suite 140/3984 ft.2). Office space to be converted-to medical office: Suite Number Square footage Suite 100 4600 Suite 120 4784 Suite 200 3389 Suite 2202160 Suite 250 3764 Total 18697 Existing On-Site Parking The :project at 2492 Walnut has 161 parking spaces on site of which 8 are handicap spaces. There are 98 parking spaces on the church site, including 10 handicap spaces. In total, there are 259 parking spaces covered under the reciprocal parking agreement. 2 The property has been re-striped per municipal code which resulted in the addition of eight additional parking stalls since the property was last surveyed. On-Site Parking Standard per City Ordinance The on-site parking standard for the project site is covered under Section 4263, Table 1 of the Tustin Municipal Code. Medical offices/ clinics are required to provide one space for each 250 ft.2 of gross floor area for the first 4000 ft.2 of medical space within a building and six spaces for each 1000 ft.2 of gross floor area in excess of 4000 ft.2. Offices are required to provide one space for each 250 ft.2 of gross floor area for the first 25,000 ft.2 and one space for each 300 ft.2, thereafter. Per the city parking ordinance, the current on-site parking requirement is 206 parking spaces and with the proposed change, the on-site parking requirement will increase to 256 parking spaces. On-site Parking Requirement-Existing Uses Parking ratio Sq.feet Parking Medical Office<4000 sq.feet: 11 per 250 4000 16 Medical Office>4000 sq.feet: 6 per 1000 15186 91 Office<25000 sq.feet 1 per 250 24781 99 Office>25000 sq,feet 1 per 300 0 0 Total 43967 206 Common area sq.footage included as Office. On-site Parking Requirement with Proposed Change Rentable sq.feet 18697 Common area sq.feet: 6084 Proposed use: Medical Office Parking ratio: 6 per 1000 Rentable sq.footage parking: 112 Common area sq.footage parking: 37 Combined total: 149 Change: 50 Total On-site Parking Requirement 256 The project provides 259 spaces on site. 3 Snared Parking Opportunity for Reciprocal Parking Agreement Shared parking is the use of a parking space to serve two or more individual land uses. The ability to share parking spaces is the result of variations in the accumulation of vehicles by hour and by day for individual land uses. The Urban Land Institute (ULI) has documented that often on-site parking space requirements can be reduced where there are shared parking opportunities (see Shared Parking, Second Edition, ULI). This concept is also supported in the ITE Parking Generation Manual, 3rd Edition (Appendix B). A shared parking condition exists for the project in relation to the adjacent church located at 2472 Walnut Ave. For the project, peak parking demand will occur on weekdays, while peak parking demand for the church is always on Sundays. Due to the presence of this shared parking opportunity, it is feasible to reduce the overall parking requirement for the two sites by means of a reciprocal parking agreement, enforced by the city. ULI Snared Parking Analysis A shared parking analysis has been performed as shown on the table below which analyzes parking conditions for both typical weekdays and Sundays. This analysis assumes maximum parking demand based on city zoning requirements as applied to the proposed project. Hourly percentages of parked vehicles for the most part are based on national averages as compiled by ULI and ITE. However, these national sources lack data for Sunday church operations. Therefore, it was necessary to supplement using data from a parking occupancy survey. The ULI analysis indicates parking deficiencies. On a typical weekday combined parking demand is predicted to cause deficiencies for 4 hours. On a typical Sunday, combined parking demand causes a deficiency for one hour from 11 AM to 12 PM. The ULI analysis does not accurately predict parking conditions for this site for reasons discussed in the shared parking analysis based on a parking occupancy survey (see below). 4 Shared Parking Analysis 2492 Walnut Crossroad Church Med Office Peak Hr Parking Demand per zoning 256 Church Peak Hr Parking Demand per zoning 103 Maximum Parking Supply: _ 259 Typical Weekday 2492 Walnut Crossroad Church Visitor Employee Combined Total Surplus/ %age(1) Demand %age(1) Demand Total %age(2) Demand Demand Deficit 8:00 90% 154 60% 51 205 11% 11 216 43 9:00 90% 154 100% 84 239 11% 11 250 9 10:00 100% 172 100% 84 256 11% 11 267 -8 11:00 100% 172 100% 84 256 11% 11 267 -8 12:00 30% 51 100% 84 136 11% 11 147 112 13:00 90% 154 100% 84 239 11% 11 250 9 14:00 100% 172 100% 84 256 11% 11 267 -8 15:00 100% 172 100% 84 256 11% 11 267 -8 16:00 90% 154 100% 84 239 11% 11 250 9 17:00 80% 137 100% 84 222 11% 11 233 26 18:00 67% 115 67% 57 172 11% 11 183 76 r Typical Sunday 2492 Walnut Crossroads Church Visitor Employee Combined Total Surplus/ %age(3) Demand %age(3) Demand Total %age(4) Demand Demand Deficit 7:00 0% 0 0% 0 0 2% 2 2 257 8:00 90% 154 60% 51 205 4% 4 159 100 9:00 90% 154 100% 84 239 49% 50 205 54 10:00 100% 172 100% 84 256 73% 76 247 12 11.00 100% 172 100% 84 256 100% 103 275 -16 12:00 30% 51 100% 84 136 31% 32 83 176 13:00 0% 0 0% 0 0 41% 42 42 217 14:00 0% 0 0% 0 0 33% 34 34 225 15:00 0% 0 0% 0 0 6% 6 6 253 (1) ULI, Shared Parking,Table 2-5 (2) ITE Parking Generation 3rd Edition, Pg. 135 (3) ULI, Shared Parking,Table 2-6 (4)TEP, Parking Occupancy Survey, 10/0212016 Parking Occupancy Survey Parking utilization of the two adjoining sites was surveyed for a typical weekday and a typical Sunday. Vehicle occupants Who parked in the surveyed lots were observed to identify if they accessed the 2492 Walnut facility or the church in order verify hourly parking utilization of both buildings. The number of occupied parking spaces was surveyed from 11 AM to 9 PM on Wednesday, September 28, 2016. This time period encompasses the weekday hours of 5 combined peak parking utilization for the uses occupying 2492 Walnut Ave. and the church. It is significant to note that the parking requirement for the project based on zoning is 256 parking spaces. In theory, the parking requirement should equal the maximum peak hour parking demand for the subject site. Yet, the maximum hourly parking demand as found by the parking occupancy survey is 61 parking spaces which is for weekdays from 11 AM to 12 PM. The parking requirement exceeds the project's peak hour parking demand by over 300%. Parking Occupancy Survey Wednesday,September 28, 2016 2492 WalnutShared Church parking _ Combined Parkers(i) Total Handicapped Regular Total] Total 11:00 42 19 61 0 4 4 1 65 12:00 34 20 54 1 6 7 61 13:00 37 19 56 0 4 4 60 14:00 42 14 56 0 5 5 61 15:00 38 17 55 0 5 5 60 16:00 39 16 55 0 5 5 60 17:00 29 14 43 0 6 6 49 18:00 21 19 40 1 6 7 47 19:00 10 25 35 1 5 6 41 20:00 L 10 _ 12 22 0 2 2-1 24 (1) Parked in church spaces The number of occupied parking spaces was surveyed over a continuous nine hour period from 7 AM to 4 PM on Sunday, October 2, 2016. This survey time period encompasses the hours when church services concurrently occur during hours when the medical clinic is in operation on weekends. The results of this survey are shown below: 6 Parking Occupancy Survey Sunday October 02, 2016 2492 Walnut Church parking Combined Regular Handicapped Tot]1, Total 7:00 1 1 0 2 8.00 12 0 23 3 9:00 2 21 3 24 26 10:00 3 33 3 36 39 11:00 1 44 5 49 5o 12:00 1 1 14 1 15 16 13:00 1 20 0 20 21 14:00 3 16 0 16 19 15:00 4 3 0 3 7 Survey Based Shared Parking Analysis A shared parking analysis has been performed in accordance with the ULI and ITE guidelines, however, modified to accurately reflect parking demand conditions based on the parking occupancy survey. In order to perform this analysis, it is first necessary to estimate maximum hourly parking demand for the project based on 100% occupancy with the proposed CUP modification. As observed in the parking occupancy survey, the maximum hourly parking demand for 2492 Walnut for a typical weekday is 61 spaces (11 AM to 12 PM). Current occupancy of the building is estimated at 74%, so adjusting for 100% occupancy results in 82 occupied spaces. In order to reflect the proposed project, the 82 spaces are increased by the proportion based on the required number of spaces between the proposed project and current zoning (256 1206 = 1.2477) resulting in an estimate of 101 spaces. For a typical Sunday, the maximum hourly parking demand for 2492 Walnut is estimated at 7 parking spaces. This assumes the building is 100% medical office. The survey based shared parking analysis is shown in the table below. The project at 2492 Walnut has 161 parking spaces on site. There are 98 parking spaces on the church site. In total, there are 259 parking spaces covered under the reciprocal parking agreement. For a typical weekday, the peak hour of parking demand occurs between 11 AM and 12 PM. During this hour, the shared parking demand is estimated at 105 spaces. For a typical Sunday, the peak hour of parking'demand occurs between 11 AM and 12 PM. During this hour the shared parking demand is estimated at 51 spaces. 7 These estimates assume 100% occupancy of 2492 Walnut with the proposed CUP modification. No parking deficiencies are predicted for either the typical weekday or typical Sunday. i Shared Parking Analysis Based on Parking Occupancy Survey l 2492 Walnut 2472 Walnut-Crossroad Church ------------------- Typical Weekday Med Office Peak Hr Parking Demand: 101 Church Surveyed Hourly Parking Demand Shared Parking Supply: 259 2492 Walnut Crossroad Church Total Surplus/ %age(1) Demand %age(1) Demand Demand Deficit 11:00 100% 101 8% 4 105 154 12:00 89% 89 14% 7 96 163 13:00 92% 93 8% 4 97 162 14:00 92% 93 10% 5 98 161 15:00 90% 91 10% 5 96 163 16:00 90% 91 10% 5 96 163 17:00 70% 71 12% 6 77 182 18:00 66% 66 14% 7 73 186 19:00 57% 58 12% 6 64 195 20:00 36% 36 4% 2 38 221 ---------------- Typical Sunday Med Office Peak Hr Parking Demand 7 Church Surveyed Hourly Parking Demand Shared Parking Supply: 259 2492 Walnut Crossroad Church Total Surplus) %age(2) Demand %age(2) Demand Demand Deficit 7.00 25% 2 2% 1 3 256 i 8:00 25% 2 4% 2 4 255 9:00 50% 4 49% 24 28 232 10:00 75% 5 73% 36 41 218 11:00 25% 2 100% 49 51 208 12:00 25% 2 31% 15 17 242 13:00 25% 2 41% 20 22 237 14:00 75% 5 33% 16 21 238 15:00 100% 7 6% 3 10 249 (1)TEP, Parking Occupancy Survey, 09/28/2016 (2)TEP, Parking Occupancy Survey, 10/02/2016 This shared parking analysis, based on the recent parking occupancy surveys is a reliable predictor of parking conditions for this location with the proposed CUP change. It is based on a true hourly parking demand for both medical office and church uses. Also, it is based on a realistic estimate of parking demand for the two subject uses. It is relevant to note that a parking occupancy survey for this site was previously completed 8 in 2009, and the results of this survey are consistent with the survey that was completed more recently. Summary of Findings It is the finding of this parking study report that the off street parking requirement for 2492 Walnut Ave. can be reduced in accordance with the technical requirements of Section 9264 of the Tustin city code. Specifically: 1) This study has demonstrated there will be no substantial conflict in the peak hours of parking demand for the uses for which joint use is proposed. The study showed that during weekday peak hours of operation there will be a surplus of approximately 154 spaces. 2) In accordance with procedures promulgated by the lnstitute of Transportation Engineers (ITE), the project located at 2492 Walnut Ave. will have adequate on- site parking by providing 161 parking spaces, and 98 parking spaces provided under a reciprocal parking agreement with the adjacent church. 3) The number of parking spaces to be credited against the requirements for the structures involved will not exceed the number of spaces reasonably anticipated to be available during different hours of operation. The number of spaces will remain constant at 259 parking spaces. 4) The parking spaces designated for joint use are located so that they will adequately serve the uses for which they are intended. The parking spaces are located adjacent to 2492 and 2472 Walnut Ave. Report prepared by: - fEss� 12/3 1/ 71 oF oNw��° Transportation Engineering and Planning, Inc. Figure 1 2492 Parking Study Location Map • f i s + •� - � � � air fi �'•.4+. °•� •'� e W " 4 e •. i A kA KWY p� Project Location �4 �.. �, •. Y•7� to .' - � ♦ . �`a, '�, x -�'�'. !� .•ria ,. r ArM =' •. `'a, ,s �r";,+A`��a — 'yea, ,;, ` r ` k..00MIW k ; -. 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Eg / --P i..l �=_rl cm Wrs c z EL LU 4- 1..� I �' I, I .b r.. �►S_ �i1 � �"�� _:��s.. �'• 6 t�T�s'" •�6 r Y F i Y1 4y� n 1� �- f :-� V �yS,SlA StpTlCti 1 "` � QOR� �• r - � r�_ ��'iy_ _—';� _F ��". _.�' y• z� t , .`fir 7 . ..y LU CN LU �r 2t W M N O CO Ll- cc.# a ,y zi C.C) 04 fiNr/ 4 r W v�'Huvii :4co 3nN3AV inNiym Z6bZ t3raa4 W . ; U LU W U) Zo W 3�w �v LU CL r ' y ♦F Y� ��•J i3 . �Y� s�+ �Y•a•�kyl GF ■ � 7 f, '� 7 l. gym♦ i; i d W U) W LU 6 Ii Ii ATTACHMENT E Resolution No. 4333 RESOLUTION NO. 4333 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT (CUP) 2016-28 TO AMEND CUP 09-021 BY INCREASING THE ALLOWED SQUARE FOOTAGE FOR MEDICAL USES FROM 16,543 SQUARE FEET TO 43,967 SQUARE FEET (100%) AT 2492 WALNUT AVENUE AND CONTINUING THE PREVIOUSLY APPROVED JOINT USE PARKING BETWEEN 2492 WALNUT AVENUE AND 2472 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 for CUP 2016-28 has been submitted by Dunbar Walnut, LLC and 2492 Walnut Owners Association to increase the approved square footage for medical use from 16,534 square feet to 43,967 square feet within an existing two-story office condominium complex located at 2492 Walnut Avenue and Crossroads Church to continue the previously approved (CUP 89-38 & VAR 89-20) joint use parking between properties located at 2492 and 2472 Walnut Avenue. B. That on March 14, 1988, the Planning Commission approved Use Permit (UP) 88-04 to allow medical uses of up to 7,500 square feet at 2492 Walnut Avenue. C. That on January 8, 1990, -the Planning Commission approved CUP 89-38 and Variance (VAR) 89-20 to allow a church use at 2472 Walnut Avenue and joint use parking with 2492 Walnut Avenue. D. That on July 6, 2010, the City Council approved Tentative Parcel Map (TPM) 2008-136 to convert the office building at 2492 Walnut Avenue to office condominiums. On the same date, the City Council also approved CUP 09- 021 to increase the medical use at 2492 Walnut Avenue from 7,500 square feet to 16,534 square feet. E. 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 CUP. F. That the site is zoned as Planned Community Commercial (PC COM) and has a land-use designation of Planned Community Commercial/Business (PCCB), and is located within the Irvine Industrial Complex Planned Community District, which provides for a variety of industrial, office and commercial uses. The project has been reviewed for consistency with the Air Exhibit A Resolution.No. 4333 Page 2 Quality Sub-element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub-element. G. That a public hearing was duly called, noticed, and held on said application on January 24, 2017, by the Planning Commission. H. That the establishment, maintenance, and operation of the proposed increase in medical office uses and joint-use parking 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 in that: 1. TCC Section 9264 authorizes joint use parking for nonresidential uses with different peak hours of operation with approval of a CUP. 2. A Parking Study Report dated January 4, 2017, was prepared by a licensed traffic engineer (Craig S. Neustaedter, of Transportation Engineering and Planning, Inc.) in accordance with TCC Section 9264. 3. The Parking Study Report has been reviewed and accepted by the City's Traffic Engineer for methodology and accuracy. 4. That the primary project site (2492 Walnut Avenue) was converted to a condominium office complex with eleven (11) units and currently has 161 parking spaces including unpermitted compact spaces. These spaces would be restriped to standard spaces; thereby, a total of 159 spaces would be provided onsite. 5. That the secondary project site (2472 Walnut Avenue) .is a religious assembly use with joint use parking with 2492 Walnut Avenue currently has 98 parking spaces. 6. That a Declaration of Establishment of Easements was recorded with the Orange County Clerk/ Recorder on February 23, 1990 and amended April 15, 2011, established a parking easement over the properties located at 2492 and 2472°Walnut Avenue. 7. That pursuant to TCC 9263, the proposed medical office uses at the site would require 256 parking spaces to accommodate medical uses in the entire building at 2492 Walnut Avenue. A parking demand analysis determined a peak use of 105 spaces at 100% occupancy. Therefore, the Parking Study Report finds that a total of 257 spaces on primary and secondary sites are adequate and no Exhibit A Resolution No. 4333 Page 3 substantial conflict will exist in the peak hours of parking demand for the condominium office complex for the proposed medical uses. 8. 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. 9. 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. II. The Planning Commission hereby approves CUP 2016-28 authorizing the amendment of CUP 09-021 by increasing the of allowed square footage for medical uses from 16,543 square feet to 43,967 square feet (100%) at 2492 Walnut Avenue and continuing the previously approved joint use parking (CUP 89-38 & VAR 89-20) between 2492 Walnut Avenue and 2472 Walnut Avenue. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 24th day of January, 2017. AUSTIN LUMBARD Chairperson ELIZABETH A. BINSACK Planning Commission Secretary Exhibit A Resolution No. 4333 Page 4 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. 4333 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 24th day of January, 2017. PLANNING COMMISSIONER AYES: PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 2016-28 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans and Parking Study Report for the project date stamped January 24, 2017, 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) 2016-28 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 2016-28 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 2016-28, 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) CERA MITIGATION (6) LANDSCAPING GUIDELINES, (3) BUILDING CODE (7) PC/CC POLICY (4) DESIGN REVIEW **' EXCEPTION. Exhibit A Resolution No. 4333 Page 2 (1) 1.8 As a condition of approval of CUP 2016-28, 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 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. The measures may include, but not be limited to: a. Adjust hours of operation; b. Reduction of medical uses; c. Restrict religious assembly uses of the parking spaces at 2492 Walnut Avenue to weekend use only; and/or d. Provide valet parking. (5) 2.2 All parking spaces designated for joint use shall be located so that they will adequately serve the uses for which they are intended. The religious assembly use at 2472 Walnut Avenue may use parking spaces at 2492 Walnut for typical religious assembly activities such as, but not limited, weekend service, holidays and special events. (5) 2.3 The parking lot at 2492 Walnut shall be brought into compliance with TCC 9266d2d within 60 days approval of CUP 2016-28. (5) 2.4 A minimum of 159 parking spaces shall be maintained on 2492 Walnut Avenue at all times. A total of 98 parking spaces shall be maintained on 2472 Walnut Avenue. Any reduction of on-site parking shall be reviewed and approved by the Community Development Director. The approval of joint-use parking is subject to the use at 2472 Walnut Avenue to remain as a religious assembly use. Any change to the religious assembly use shall require review and approval by the City. (5) 2.5 The existing Declaration of Covenants, Conditions and Restrictions (CC&Rs) for 2492 Walnut Owners Association and Restrictions and Reservation of Easements for 2492 Walnut and 2472 Walnut shall each be amended to the 5 Exhibit A Resolution No. 4333 Page 3 satisfaction of the City Attorney and Community Development Director and executed by the property owners of 2492 and 2472 Walnut Avenue and the 2492 Walnut Owners Association, as applicable, to reflect the current parking count and to assure the continued availability of the number of parking spaces designated for joint use and availability of reciprocal access easements within thirty (30) days of approval. A copy of the recorded Amendment to Declaration of Establishment of Easements and CC&Rs shall be submitted to the Community Development Department within'five (5) days of recordation. If, in the future, the Declaration of Establishment of Easements is no longer valid at 2492 Walnut and/or 2472 Walnut Avenue for any reason, a new parking study shall be required. Based on said new parking study, the City may require modifications to CUP 2016-28 regarding joint-use parking and/or square footage of medical uses. (5) 2.6 The primary applicant shall reimburse the City of Tustin for the actual cost incurred to the City by the City Attorney and/or Special Counsel service for review of the CC&Rs and Declaration of Establishment of Easements. (5) 2.7 ' All conditions of approval in the previously approved Planning Commission Resolutions 2475 (UP 88-4 — amended by Resolution 4147 on May 25, 2010), 2720 (CUP 89-38 and VAR 89-20), and City Council Resolution 10-71 (TPM 2008-136/CUP 09-021) continue to apply unless modified herein. 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 Environmental Quality Act could be significantly lengthened.