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HomeMy WebLinkAboutZAA 17-010 CUP 2017-19 ZONING ADMINISTRATOR ACTION 17-010 CONDITIONAL USE PERMIT 2017-19 18121 IRVINE BOULEVARD The Zoning Administrator of the City of Tustin does hereby resolve as follows: I. The Zoning Administrator finds and determines as follows: A. That a proper application was filed by Giovanni Milan requesting authorization for a reduction of off-street parking requirements through a joint-use for attorney offices at 18121 Irvine Boulevard. 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 designated as Professional Office by the City General Plan and is zoned Professional District (PR) which provides for a variety of professional office uses. In addition, the project has been reviewed for consistency with the Air Quality Sub-element of the City of Tustin's (City) 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 for 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 the property was originally developed with an approximately 3,726 square foot, two-story office building, eleven (11) surface lot parking stalls, and three (3) additional garage parking spaces within the footprint of the building. F. That all three (3) garage spaces were converted to building area without the benefit of a permit. G. That following the development of the property, one (1) surface lot stall, has been removed to accommodate ADA accessible parking requirements H. That a public hearing was duly called, noticed, and held for CUP 2017-19 on November 29, 2017, by the Zoning Administrator. Zoning Administrator Action 17-010 CUP 2017-019 Page 2 I. That the establishment, maintenance, and operation of the proposed joint-use parking 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. A Parking Demand Analysis dated November 3, 2017, was prepared by a licensed traffic engineer (Adnan Hindiyeh, PE, TE, PTOE) in accordance with TCC Section 9264. 2'. That the site is improved with an existing tWo-story office building that has been increased to 4,426 square feet in building area and provides 10 on-site parking spaces. 3. Pursuant to TCC Section 9263, the off-street parking requirements for a professional office use is 1 spaces for each 250 square feet of floor area resulting in an off-street parking: requirement of eighteen (18) spaces for the proposed project resulting in a deficit of parking based on the requirements presented in the TCC. 4. A Parking Study determined the peak demand for the attorney offices at 10 spaces and a total of 10 spaced have been provided for the building. Therefore, the Parking Study finds that adequate parking is available and no substantial conflict will exist in the peak hours of parking demand for the office complex for the proposed uses. 5. The Parking Study has been reviewed and accepted by the City's Traffic Engineer for methodology and accuracy. 6. A Deed Restriction will be recorded on the property limiting the use of the building as described in the parking study. 7. Any change in use would require review and approval by the Community Development Department. 8. That all of the on-site parking spaces are designated for joint- use 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. Zoning Administrator Action 17-010 CUP 2017-019 Page 3 C. This project is Categorically Exempt pursuant to Section 15301 (Class 1) of the California Code of Regulations (Guidelines for the California Environmental Quality Act). 11. The Zoning Administrator hereby approves CUP 2017-19 authorizing a reduction in required parking through a joint use parking for the proposed attorney offices, located at 18121 Irvine Boulevard subject to the conditions contained within Exhibit A, attached hereto. PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin, at a regular meeting on the 29th day of November, 2017. ELIZABETH A. BIN ACK ZONING, ADMINISTRATOR VERA'TICA ktUd" RECORDING SECRETARY STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN 1, Vera Tiscareno, the undersigned, hereby certify, that I am the Zoning Administrator Secretary of the City of Tustin, California; that Zoning Administrator Action 17-010 was duly passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 29th day of November, 2017. 5C VER XtiSC RECORDING SECRETARY EXHIBIT A ZONING ADMINISTRATOR ACTION 17-010_ CONDITIONAL USE PERMIT 2017-19 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plansfor the project date stamped November 29, 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 to plans during plan check if such modifications are consistent with provisions of the Tustin City Code. (1) 1.2 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) 1.3 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) 1.4 Approval of CUP 2017-19 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. (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. Conditions of Approval Exhibit A CUP 2017-19 Page 2 (1) 1.7 As a condition of approval of CUP 2017-19, the applicant 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 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 CUP 2017-19 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 with CUP 2017-19, or is found to be a nuisance or negative impacts are affecting the surrounding tenants 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. USE RESTRICTIONS (5) 2.1 A total of 10 parking spaces shall be maintained at all times. Any reduction of on-site parking, change of tenant spaces/uses, change of parking lot, and/or circulation shall be reviewed and approved by the. Community Development Department. (5) 2.2 No more than six (6) staff members shall be present at any given time, in accordance with the provided parking study. (5) 2.3 Any change in use and/or operation shall require review and approval by the Community Development Department. Conditions of Approval Exhibit A CUP 2017-19 Page 3 (5) 2.4 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. Said measures may include, but are not limited to, the following: (a) Reduce building area and reestablish original garage spaces within the building footprint. (b) Provide additional parking. (c) Modify business hours of operation. (5) 2.5 A Deed Restriction shall be recorded on the property limiting the use of the building as described in the parking study prior to final inspection of Permit #C2016-0291 pertaining to interior and facade improvements at the subject property. PLANCHECK SUBMITTAL (1) 3.1 At the time of building permit application, the plans shall comply with the latest edition of the codes, City Ordinances, State, Federal laws, and regulations as adopted by the City Council of the City of Tustin. (1) 3.2 Construction and Demolition Waste Recycling and Reduction Plan (WRRP). A. The applicant/contractor is required to submit a WRRP to the Public Works Department. The WRRP must indicate how the applicant will comply with the City's requirement (City Code Section 4351, et al) to recycle at least sixty-five (65) percent of the project waste material or the amount required by the California Green Building Standards Code B. The applicant will be required to submit a $50.00 application fee and a cash security deposit. Based on the review of the submitted Waste Management Plan, the cash security deposit in the amount of five (5) percent of the project's valuation as determined by the Building Official, rounded to the nearest thousand, or $2,500, whichever is greater. In no event shall a deposit exceed $25,000. C. Prior to issuance of a permit, the applicant shall submit the Conditions of Approval Exhibit A CUP 2097-19 Page 4 required security deposit in the form of cash, cashier's check, personal check, or money order made payable to the "City of Tustin". FEES (1) 4.1 Prior to issuance of any building permits, payment shall be made of all applicable fees, including, but not limited to, the following. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. a. Building and Planning plan check and permit fees to the Community Development Department based on the most current schedule. (1) 4.2 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.