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HomeMy WebLinkAboutPC RES 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 Iocated 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 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) CEQA 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 The Applicant shall submit to the Director of Community Development Department for review and approval within thirty (30) days of this approval a parking management plan which includes, but is not limited to, parking exhibit, wayfinding signs, maintenance of a minimum of 159 parking spaces at 2492 Walnut Avenue at all times, and any other methods to assist its patrons in parking on the project sites. 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 x Exhibit A Resolution No.4333 Page 3 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 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 2008-1361 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 cashiers 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. Exhibit A Resolutbn 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. 11, The Planning Commission hereby approves CUP 20116-28 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 (CU�P 89-38 & VAR 9-201) 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 LUM�BARD Chairperson f&,-E BETH A. BINSACK Planning Commission Secretary Exhibit A Recd on No, 4,333 Page 4 STATE OF CALIFORNIA COUNTY' OF ORANGE CITY OF TUSTIN 1, Elizabeth A, in k, the undersigned, hereby ceftify th II 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 24�h day of January, 2017, PLANNING COMMISSIONER AYES: Kozak, Lumbard, Mason, Thompson (4) PLANNING COMMISSIONER NC& PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: Smith 0)1 1'vv ?irE L�1,I,,4� B—ETH A, BINSACK Planning Commission Secretary