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HomeMy WebLinkAboutPC RES 4507 Docusign Envelope ID:7FF40A2A-9349-4E14-90C9-FDFB9C67F718 RESOLUTION NO. 4507 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 2024-0015 TO ESTABLISH JOINT-USE PARKING AT THE PROPERTY LOCATED AT 2741 WALNUT AVENUE, TUSTIN, FOR EMPLOYEES OF THE MOMENTOUS SPORTS CENTER, LOCATED IN THE CITY OF IRVINE'S JURISDICTIONAL BOUNDARIES AT 14522 AND 14524 MYFORD ROAD, DURING WEEKDAY EVENING AND WEEKEND TOURNAMENTS 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 has been submitted by Michael J. Rangel to establish joint-use parking at the property located at 2741 Walnut Avenue, Tustin, for employees of the Momentous Sports Center (MSC), located in the City of Irvine's jurisdictional boundaries at 14522 and 14524 Myford Road during weekday evening and weekend tournaments. B. That pursuant to Tustin City Code (TCC) Section 9264a, 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 Planned Community Commercial Industrial (PC IND) and has a 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 October 22, 2024, 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 . That Tustin City Code (TCC) Section 9264a authorizes joint-use parking for nonresidential uses with different peak hours of operation with approval of a CUP. Docusign Envelope ID:7FF40A2A-9349-4E14-90C9-FDFB9C67F718 Resolution No. 4507 Page 2 2. A Parking Study Report dated March 2024, was prepared by a licensed traffic engineer (Ambarish Mukherjee, P.E, of LSA, Inc.) in accordance with TCC Section 9264. 3. The Parking Analysis has been reviewed and accepted by the City's Traffic Engineer for methodology and accuracy. 4. That the current use at the subject project site (2741 Walnut Avenue) is a commercial office and currently has 133 parking spaces. Pursuant to TCC 9263, the office use would require 127 off-street parking spaces, and peak hour parking demand occurs during regular business hours on weekdays and no substantial conflict will exist in the peak hours of parking demand for the commercial office use. 5. That the MSC, located in the jurisdictional boundaries of the City of Irvine, is in close proximity to the project site. The parking spaces provided at the subject property (2741 Walnut Avenue) for the benefit of MSC are limited to weekday evening and weekend tournaments when the on-site business, Largo Concrete, not in operation. 6. Public sidewalks, including a signalized crossing, at the intersection of Myford Road and Walnut Avenue are available to provide pedestrian access between the project site and the parking locations. 7. 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 on and off- hours. II. The Planning Commission hereby approves CUP 2024-0015 authorizing the establishment of joint-use parking at the property located at 2741 Walnut Avenue, Tustin, for employees only of the Momentous Sports Center (MSC), located in the City of Irvine's jurisdictional boundaries (14522 and 14524 Myford Road) during weekday evening and weekend tournaments, subject to the conditions contained within Exhibit A attached hereto. Docusign Envelope ID:7FF40A2A-9349-4E14-90C9-FDFB9C67F718 Resolution No. 4507 Page 3 PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 22nd day of October, 2024. Signed by: D148F2601EF34A4... ERIC HIGUCHI t- Signed by: Chairperson L�ED45DA26231354A5 . JUSTINA L. WILLKOM Planning Commission Secretary APPROVED AS TO FORM: Signed by: ` '' VALk 343ADCC695E946B... MICHAEL DAUDT Assistant City Attorney Docusign Envelope ID:7FF40A2A-9349-4E14-90C9-FDFB9C67F718 Resolution No. 4507 Page 4 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Justina L. Willkom, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4507 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 22nd day of October, 2024. PLANNING COMMISSIONER AYES: Higuchi, Kozak, Mason, Mello (4) PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: Douthit (1) ESigned by: ,('sh" b. KU60A ED45DA2623B54A5... JUSTINA L. WILLKOM Planning Commission Secretary Docusign Envelope ID:7FF40A2A-9349-4E14-90C9-FDFB9C67F718 EXHIBIT A RESOLUTION NO. 4507 CONDITIONAL USE PERMIT 2024-0015 JOINT-USE PARKING 2741 WALNUT AVENUE CONDITIONS OF APPROVAL GENERAL The proposed project shall substantially conform with the Parking Demand Analysis for the project date stamped October 22, 2024, 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) 2024-0015 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 the 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 Docusign Envelope ID:7FF40A2A-9349-4E14-90C9-FDFB9C67F718 Exhibit A Resolution No. 4507 Page 2 (1) 1.6 CUP 2024-0015 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 2024- 0015, 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 2024-0015, 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 total of 133 on-site parking spaces shall be maintained at all times while the joint use parking agreement is in full effect. Any reduction of on-site parking, change of tenant spaces/uses, business hours, parking use agreement, parking lot and/or circulation shall be reviewed and approved by the Community Development Department. *** 2.2 The joint use parking is intended for employees of Momentous Sports Center LP only and shall occur during off hours at weekday evening and weekend tournaments. *** 2.3 The applicant shall ensure no parking or traffic problems would occur by implementing strategies to accommodate the parking demand, traffic flow, and pedestrian safety during MSC operations. *** 2.4 The applicant shall not charge any fee for parking at the subject site. Docusign Envelope ID:7FF40A2A-9349-4E14-90C9-FDFB9C67F718 Exhibit A Resolution No. 4507 Page 3 *** 2.5 The applicant shall be responsible to notify the City of Tustin for any modification to their business operation that would affect the approved joint use parking. *** 2.6 The parking use agreement between 2741 Walnut Avenue LP and Momentous Sports Center LP shall be recorded at the County Clerk-Recorder's office prior to use of the joint use parking area. *** 2.7 The Joint use parking shall terminate when the Momentous Sports Center CUP is terminated by the City of Irvine. 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 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.