HomeMy WebLinkAboutZA 99-011/CUP 99-029
ZONING ADMINISTRATOR ACTION 99-011
CONDITIONAL USE PERMIT 99-028
DECEMBER 20, 1999
The Zoning Administrator of the City of Tustin does hereby resolve as follows:
The Zoning Administrator finds and determines as follows:
A. That a proper application for Conditional Use Permit 99-028 was filed by
Akihiko Funaoka, Mitsui Real Estate, requesting authorization to establish
shared and assigned parking at 14151 Newport Avenue.
B. That the proposed shared and assigned parking is allowed within the Retail
Commercial (C-1) Zoning District, with the approval of a Conditional Use
Permit in accordance with Section 9271 of the Tustin City Code.
C. That a public hearing was duly called, noticed and held on said application
on December 20, 1999 by the Zoning Administrator.
D. That the establishment, maintenance, and operation of the use applied for
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 a detriment to the
property and improvements in the neighborhood of the subject property, nor
to the general welfare of the City of Tustin as evidenced by the following
findings:
1) The shared and assigned parking, as conditioned, will not have a
negative effect on surrounding properties or be injurious or
detrimental to property or improvements in the vicinity or to the
welfare of the City in that sufficient parking can be provided as
evidenced by the parking demand analysis prepared for the project
and Conditions 2.1 and 2.2 ensure that the approval of shared and
assigned parking is contingent upon the use of the tenant spaces
remaining the same and requires a conditional use permit for any
modifications to these uses or the square footages of the tenant
leasable spaces.
2) As conditioned, the use would not have a negative effect on the
existing and future tenants in that the uses and sizes of the tenant
spaces shall remain the same and any modifications to these uses
or the square footages of the tenant leasable spaces shall require an
amendment to the Conditional Use Permit. In addition, Conditions
2.3 and 2.4 ensure that the property owner shall be responsible for
enforcement of assigned parking and if at any time in the future, a
parking problem exists at the center, the property owner shall submit
Zoning Administrator Action 99-011
Conditional Use Permit 99-028
2 December 20, 1999
Page 2
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a parking demand analysis and implement any mitigation measures
to eliminate the parking problems.
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E.
That this project is Categorically Exempt from the requirements of the
California Environmental Quality Act, pursuant to Section 15301 (Class 1).
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F.
That 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.
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II.
The Zoning Administrator hereby approves Conditional Use Permit No. 99-028
authorizing the establishment of shared parking of a total of 33 shared parking
spaces for a 9,265 square foot building and the assignment of nine (9) parking
spaces as shown in Exhibit A, subject to the conditions contained within Exhibit S,
attached hereto.
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PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular
meeting held on the 20]h day of December, 1999.
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SCOTT REEKSTIN
Zoning Administrator Designee
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KATHY (A,RTIN
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Recording Secretary
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STATE OF CALIFORNIA)
COUNTY OF ORANGE )
CITY OF TUSTIN )
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I, KATHY MARTIN, the undersigned, hereby certify that I am the Recording Secretary of
the Zoning Administrator of the City of Tustin, California; that Zoning Administrator Action
No. 99-011 passed and adopted at a regular meeting of the Tustin Zoning Administrator,
held on the 20th day of December, 1999.
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KATH ARTIN
Recor ng Secretary
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EXHIBIT A OF ZONING ADMINISTRATOR ACTION 99-011
CONDITIONAL USE PERMIT 99.028
LOCATION OF ASSIGNED PARKING
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SUiteS 102/ fOZA Z
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EXHIBIT B OF ZONING ADMINISTRATOR ACTION 99-011
CONDITIONAL USE PERMIT 99-028
CONDITIONS OF APPROVAL
GENERAL
(1) 1.1 The proposed project shall substantially conform with the submitted plans
for the project date-stamped December 20, 1999, on file with the
Community Development Department, as herein modified, or as modified
by the Director of Community Development Department in accordance with
this Exhibit. The Director may also approve minor modifications to the
plans if such modifications are determined to be consistent with the
approved plans.
(1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be
complied with prior to the issuance of any building permits for the project,
subject to review and approval by the Community Development
Department.
(1) 1.3 The Conditional Use Permit approval is contingent upon the applicant and
property owner shall signing and returning the Agreement to Conditions
Imposed form within fifteen (15) days from the date of approval.
(1) 1.4 The applicant shall hold and defend the City of Tustin harmless for all
claims and liabilities arising out of the City's approval of the entitlement
process for this project.
USE RESTRICTIONS
(2) 2.1 Approval of assigned and shared parking is based on the current types of
uses and existing square footage of the building and tenant spaces as
documented in the following parking summary table:
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SOURCE CODES
(1)
(2)
(3)
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STANDARD CONDITION (4)
CEQA MITIGATION (5)
REQUIREMENTS (6)
UNIFORM BUILDING CODE/S (7)
EXCEPTIONS
DESIGN REVIEW
RESPONSIBLE AGENCY
LANDSCAPING GUIDELINES
PC/CC POLICY
ADDRESS USE SQ. FT. APPROVED PARKING # OF SPACES
RATIO REQUIRED
100 Office Vacant 562 1:300 1.9
101 Office 1,200 1:300 4
102 Medical 288 1:300 1
102A Medical 370 1:300 1.2
103 Medical 1,026 1:300 3.4
200 Office 1.293 1:300 4.3
201 Medical 1.794 1:300 6
201A Office 310 1:300 1
202 Office 500 1:300 1.7
203 Office 550 1:300 1.8
204 Office 1,372 1:300 4.6
30.9
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Changes to the use or size of any of these tenant spaces shall require
approval of an amended Conditional Use Permit and parking demand
analysis to determine whether there is sufficient parking. The Community
Development Director shall have the authority to make minor modifications
to this Conditional Use Permit.
(1) 2.2 A total of six (6) spaces may be assigned to Suites 102, 102A and 103, a
total of three (3) spaces may be assigned to Suite 101, and two (2) spaces
may be assigned with a twenty (20) minute parking limitation. The approval
of assigned parking is contingent upon the tenant space 101 remaining as
an office use and tenant spaces 102, 102A and 103 remaining a medical or
office use. Any modifications to the types of uses within these suites or the
square footage of these tenant spaces shall require an amendment to this
Conditional Use Permit and a revised parking demand analysis. The
Community Development Director shall have the authority to make minor
modifications to this Conditional Use Permit.
(1) 2.3 The property owners shall enforce all assigned parking as established
under this Conditional Use Permit and shall be responsible for costs
associated with any necessary code enforcement action.
(1) 2.4 If, at any time in the future, the City is made aware and concurs that a
parking problem exists at the subject site, the Community Development
Department and/or Public Works Department may require the property
owner to submit a parking demand analysis, at no expense to the City,
within the time stipulated by the City. If said study indicates that there is
inadequate parking, the property owner shall be required to implement
mitigation measures to eliminate parking problems.
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 $38.00
(thirty eight dollars) 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