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HomeMy WebLinkAboutPC RES 4381 RESOLUTION NO. 4381 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 2018-00017 FOR JOINT-USE PARKING AT AN EXISTING MEDICAL FACILITY LOCATED AT 2521 MICHELLE DRIVE. The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application for Conditional Use Permit (CUP) 2018-00017 was filed by Gretchen Siemers on behalf of Kaiser Permanente requesting authorization for joint-use parking at an existing medical facility located at 2521 Michelle 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 CUP. C. That the site is zoned as Planned Community Industrial (PC IND) and has a General Plan land-use designation of Planned Community Commercial/Business (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 26, 2019, 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 Study dated January 31, 2019, was prepared by a licensed traffic engineer (Trissa Allen of Linscott, Law, & Greenspan, Engineers) in accordance with TCC Section 9264. 2. The Parking Study has been reviewed and accepted by the City's Traffic Engineer for methodology and accuracy. Resolution No. 4381 Page 2 I That the existing: building was constructed iin 1982 and was, later acquired by Kaiser Permanente. The site currently has 427 parking spaces. 4, That pursuant to TCC 9263, the current and proposed uses at the site upon full interior build-out would require 645 parking spaces to accommodate all uses. The parking demand analysis determined a current peak use of 244 spaces; that adequate parking is available„ and, no substantial conflict will exist i:n the peak hours of parking demand for the medical facility for the proposed uses with at least 40,398 square feet of the 148,016 square foot building being maintained as unused and unimproved shell space and with: the conversion of 6,000 square feet of shell space to medical offices. 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. & That the proposed uses, 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,, 7. That any change to the uses or on-site may require a new parking demand ,analysis to be reviewed and approved by the City and may require, a parking structure to be built to accommodate proposed uses, F That 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 Planning Commission hereby approves CUP 2018-00017 authorizing the establishment of joint-use parking at an existing medical facility located at 2521 %chelle Drive, 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 26t" day of March, 2019. /STE\Y()kOZAK, Chairperson IZABETH A. BINSACK Planning Commission Secretary Resolution Na. 4381 Page 3 STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN I, Elizabeth A. Blnsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No, 4381 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the, 2611 day of March, 2019. PLANNING COMMISSIONER AYE& Gallagher, ,aha, Kozak, Mason, Thompson (5° ) PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT,- ELIZABETH A. BIN SACK Planning Commission Secretary EXHIBIT A RESOLUTION NO. 4381 CONDITIONAL USE PERMIT 2018-00017 JOINT-USE PARKING 2521 MICHELLE DRIVE CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the Parking Study for the project date stamped March 26, 2019, 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) 2018-00017 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). 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. 4381 Page 2 (1) 1.6 CUP 2018-00017 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 2018- 00017, 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 2018-00017, 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 minimum of 426 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 If in the future the City determines that parking demand exceeds availability at the site or a parking problem is created ,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 alleviate on-site capacity, to be reviewed and approved by the Community Development Department and the Public Works Department. Exhibit A Resolution No. 4381 Page 3 *** 2.3 The medical office facility shall operate in accordance with the approved joint use parking study for the project and the following square footage limits shall apply: Medical Office: 67,908 square feet Innovation Center: 4,500 square feet Project RAD Mock Up: 8,000 square feet Warehouse: 27,210 square feet Any changes to the square footages by use require review and approval of the Community Development Director and may require an amendment to the joint use parking study and may require a parking structure to be built on the site. 2.4 A minimum of 40,398 square feet of the 148,016 square feet in the building shall be maintained as unused and unimproved shell space. Prior to the use and/or improvement of the 40,398 square feet of unused and unimproved shell space, the applicant shall be required to submit an updated parking demand analysis and an application to amend CUP 2018-00017. 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.