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HomeMy WebLinkAbout05 CUP 07-020ITEM #5 ~ ~~ „~i ~, Report to the '' J ~, P ~,~U~ ~~ Inning ~ommi~s~on DATE: DECEMBER 11, 2007 SUBJECT: CONDITIONAL USE PERMIT 07-020 APPLICANT: DR. ASHOK MEHTA 13711 NEWPORT AVENUE, SUITE 11 TUSTIN, CA 92780 PROPERTY OWNER: DR. SID MIRRAFATI MIRA PROPERTIES, LLC 685 NYES PLACE LAGUNA BEACH, CA 92651 LOCATION: 740 EL CAMINO REAL ZONING: CENTRAL COMMERCIAL (C-2), WITH COMBINING PARKING DISTRICT (P) ENVIRONMENTAL STATUS: THIS PROJECT IS STATUTORILY EXEMPT PURSUANT TO THE PROVISIONS OF SECTION 15270 (PROJECTS WHICH ARE DISAPPROVED) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT REQUEST: TO ESTABLISH A DENTAL OFFICE WITHIN AN EXISTING BUILDING FRONTING ONTO EL CAMINO REAL RECOMMENDATION That the Planning Commission adopt Resolution No. 4079, denying Conditional Use Permit (CUP) 07-020 to authorize a dental ofFce located at 740 EI Camino Real in the Central Commercial (C-2) zone and fronting on to EI Camino Real. BACKGROUND The applicant is requesting approval to establish a dental office in a stand-alone building located at 740 EI Camino Real, also known as Assessor Parcel Number (APN) 401-641- 01 (Attachment A -Location Map). The subject property is located within the Central Commercial (C-2) zoning district, where professional offices fronting onto Main Street or EI Punning Commission Report CUP 07-020 December 11, 2007 Page 2 Camino Real and located within the Old Town Commercial General Plan land use designation are conditionally permitted, subject to criteria established in Tustin City Code Section 9233(y) (Attachment B). The General Plan designation is Old Town Commercial, which allows for retail, professional office, and service-oriented business activities to serve Old Town and surrounding areas. Site and Surrounding Properties The site is located at the Y-intersection of EI Camino Real and EI Camino Way. The site surroundings include retail and commercial uses on all sides. EI Camino Plaza is located at the west, Tustin Motor Lodge and Makena Square to the south, Galaxy Automotive to the north, and a retail strip center to the east. Public Noticing A public hearing notice identifying the time, date, and location of the public hearing for the proposal was published in the Tustin News on November 29, 2007. Property owners within 300 feet of the site were notified of the hearing by mail; a hearing sign is posted on the site; and, the hearing was posted at City Hall on November 29, 2007. DISCUSSION Project Description The proposed site is improved with an existing single-story, 1,757 square foot building that was relocated to the City in 1972. The applicant proposes to operate his dental practice at the property, which will involve dental care services, orthodontic work, as well as a small retail area to sell and market whitening products, videos for dental hygiene, and dental operatory chairs. The proposed use would require extensive interior plumbing remodel work to the building. The retail area will occupy around 180 square feet, which constitutes approximately 10 percent of the floor area of the facility (Attachment C -Submitted Plans). The proposed hours of operation are 9:00 a.m. to 6:00 p.m. Monday through Friday. The anticipated number of employees is five (dentist, two dental assistants, receptionist, and front office dental secretary). Permitting Requirements The provision relating to office uses within the C-2 district was initially adopted in 1983. The intent of the office use provision was to encourage retail establishments on the ground floor, particularly in Old Town. After a series of interim ordinances adopted by the City Council and workshops held by the Planning Commission, the new office use provision (Code Amendment [CA] 06-004) was recommended for approval by the Planning Planning Commission Report CUP 07-020 December 11, 2007 Page 3 Commission on August 14, 2006, and adopted by the City Council on September 18, 2006. Section 9233(y) of the TCC lists professional and general offices fronting onto Main Street and EI Camino Real and located within the Old Town Commercial General Plan land use designation (which the proposed project qualifies as), as a conditionally permitted use in the C-2 zoning district. However, the office development must meet certain specific criteria outlined in that section. ANALYSIS In determining whether to approve the Conditional Use Permit, the Planning Commission must determine whether or not the proposed use will be detrimental to the health, safety, morals, comfort, and general welfare of the persons residing in or working in the. neighborhood or whether it will be injurious or detrimental to property or improvements in the vicinity or to the welfare of the City and the criteria set forth in TCC 9233(y). A decision to deny this request may be supported by the inability to positively make the following findings: A. Pursuant to Tustin City Code Section 9233(y)(1), professional offices proposed at the ground floor level shall not be approved unless the approving authority finds, based on supporting documentation and evidence, that an office use would be more compatible with the existing and planned uses in the vicinity than a retail commercial use on the subject property and that an office use would be more beneficial in implementing applicable land use policies such as the Tustin General Plan, Tustin City Code, and any Tustin Community Redevelopment Agency Project Area Redevelopment Plan than a retail commercial use on the subject property. While some of the documentation may support approval of the conditional use permit, insufficient and/or inconclusive evidence exists to meet finding requirements that an office use would be more compatible than a retail commercial use on the subject property. In addition, approving an office use would not be more beneficial in implementing applicable land use policies such as the City Code and General Plan, as outlined below. B. Pursuant to Tustin City Code Section 9233(y)(2), approval of professional and general office uses shall meet one or more of the following criterion: a. The proposed use is to be located in an existing building originally designed, built, and occupied as offices or converted to office uses pursuant to an approved building permit. The original building permit does not exisf, but records dating back to 1972 indicate that the building has been occupied as an office since the building was Planning Commission Report CUP 07-020 December 11, 2007 Page 4 relocated to and first occupied in Tustin. However, the office use has lapsed for more than twelve (12) consecutive months. On October 9, 2006, the Zoning Administrator approved CUP 06-074, permitting a tutoring and counseling facility including a retail area, which currently occupies the building. b. The proposed use is to be located in an existing building that because of its design and orientation is impractical to modify or alter to accommodate retail establishments. The existing building's site and orientation at the prominent crossroads of El Camino Real and El Camino Way at the entry to Old Town Tustin make it a prime location for a retail establishment. The property, with minor modifications, presents a significant potential for retail uses or for redevelopment of the site to accommodate retail at least at the ground floor. Approving another office use at this location would lengthen the non- conforming use indefinitely and hinder the potential for retail or redevelopment. c. The proposed use is to be located in an existing building requiring significant reconstruction that is not economically feasible or practical to accommodate retail establishments. The existing building, with some modifications, cou/d be suitable to accommodate service-oriented retail uses that are outright permitted in the C-2 zone. The building is currently oriented towards the interior of the lot, but the addition of some storefront elements along the elevation on El Camino Real could feasibly transform the structure to accommodate retail by capitalizing upon its corner location. However, establishment of a dental office at this location would necessitate tenant improvements to the building, thereby impairing the opportunity for retail at this location in the reasonable and foreseeable future. d. The proposed use is to be located in amulti-tenant retail center and is ancillary but complementary to the remaining mixed uses with respect to type of use, hours of operation, convenience, and parking demand. This criterion is not applicable, since the proposed use is to be located in a single-tenant building. However, the site is located adjacent to El Camino P/aza and other shopping centers, which feature a large variety of retail commercial operations. e. The proposed use is determined to be beneficial, complementary, and compatible with surrounding neighborhood and nearby retail establishments. The subject property is located within the Old Town Tustin District, which is a walkable neighborhood district. The intent of the office provision in the C-2 Planning Commission Report CUP 07-020 December 11, 2007 Page 5 zoning district is to encourage pedestrian activity in the area. Although the applicant has indicated that the dental office use would bring increased foot traffic to the area, the nature of the patron for this type of activity is more single- use oriented than amulti-trip retail customer that might visit a travel agency or bank, or drop off children at a tutoring facility, for example. The proposed use is not complementary to surrounding retail establishments in that office uses do not encourage pedestrian activity in the neighborhood in the same way that retail orservice-oriented uses do. C. The proposed project must be determined to be in conformance with the City's General Plan. The project as proposed appears to be in direct conflict with the following policies set forth in the Land Use Element of the General Plan: a. Policies 1.2 and 10.6: Provide for and encourage the development of neighborhood-serving commercial uses in areas of Tustin presently underserved by such uses. Encourage the integration of retail or service commercial uses on the street level of office projects. The project proposal is for a dental office to fully occupy asingle-story building located in an area identified for retail commercial uses. The Old Town neighborhood has been recognized by the City Council and Chamber of Commerce as underserved by retail commercial uses. The proposed use does not further the land use goals set forth in the General Plan because it does not fill a land use need of the neighborhood. CA 06-004 was adopted to address this deficiency and encourage much-needed retail uses in the heart of O/d Town Tustin. The City's zoning code and general plan provide for several areas throughout the City where professional offices may locate. Dental offices are permitted outright in the Professional (Pr), Retail Commercial (C-1), and Commercial General (CG) zoning districts, as well as in the Central Commercial (C-2) district when not fronting on to Main Street or El Camino Real and located outside of the Old Town Commercial Genera/ Plan land use designation. ~0 .rr ~~ ~ ~ir~~ Reina Kapadia Elizabeth A. Binsack Assistant Planner Director of Community Development Attachments: A. Location Map B. TCC Section 9233 (Central Commercial District) C. Submitted Plans D. Resolution No. 4079 S:1Cdd1PCREPOR712007\CUP 07-020 (740 ECR).doc Attachment A Location Map LOCATION MAP PROJECT NO.: CUP 07-020 A1111~000. -lwn e~ i+_.Ye_ _ w Attachment B Tustin City Code Section 9233 TUSTIN CITY CODE ZONING 9233 The planning commission may Prescribe the amount of parking for uses not listed herein. (Ord. No. 963, Sec. 2B, 1-20-86) (g) Driveways: Subject to Subsection 9271 bb. (Ord. Na 1240, Sec. 2, 8-6-01) d Use Criteria-Office Development (1) Office developments within the Retail Commercial District (C-1) shall be constructed to conform with the parking standards for retail commercial uses on the first floor area of the building unless otherwise specifically ezempted pursuant to the approved conditional use permit, (2) Findings, including, but not limited to the following, shall be made by the Planning Commission prior to approving a conditional use permit for construuction of a building where greater than fifty (50) percent of the total floor floor area is de . ~8. ~ say portion of the ground signated for occupancy by Professional or general oflicss: (a) Development or construction of professional ar general office buildiaga would be more compatible with. surrounding .uses in the area than permitted retail commercial uses on the subject property. (3) Development or construction of buildings restricted to a mizture of ones in which the retail commercial floor area ezceeds Sfty (60) percent of the total floor area is ezempt from office development use criteria, (Ord, No. 167, Sec. 4.7; Ord. No. 896, Sec. 4, 11-21-83) 9233 CENTRAL, COQ, DISTRICT (G2) a Permitted Uses The foll~ving ones, or unlisted urea which, is the opinion of the Communi Director and/or ty Development Planning Commission, are resolved to be similar, will only be allowed in the Central Commercial District, (Ord. No. 1317, Sec. II, 9-18-06) (1) All uses allowed in the C-1 District, subject to the development and use criteria specified in Section 9232. (a) Reserved (b) Bakeries (c) Bowling alleys (d) Food shops (e) Mortuaries (fl Nurseries xEV i-2oo~ LU-2-39 TUSTIN CITY CODE ZONING 9233 (g) Professional and general offices not fronting onto Main Street or EI Camino Real or located outside the Old Tbwn Commercial General Plan land use designation. (Ord. No. 1241, Sec. 1, 7-2-O1; Ord. No. 1242, Sec. 2, 8-13-01; Ord. No. 1261, Sec. 2, 5-20-02; Ord. No. 1317, Sec. II, 9.18-06) (h) Public utility buildings and uses (except corporation yards) (i) Radio stares (j) Restaurants (k) shoe shops Q) Studios (Ord. No. 175, Sec. S; Ord. No. 888, Secs. 1(a), S, 6, 8-1-83) b Development Standards , (1) Mazimum height: SO feet (2) Minimum building site: 200 [square feet]. (3) Maximum lot coverage: 100 percent, leas parking and landscaping- requirements, subject to General Provision8. (4) Minimum front yard setback: None, 10 feet when frontage abuts. a lot in an "R" District, unless otherwise shown on Zoning Map. (S) Minimum side yard setback: None, 10 feet when side abuts on a lot in an "R" Tistrict. (6) Off-street parkng: As specified for "Gl" Zone. The planning commission may prescribe the amount of parking for uses not listed herein. (Ord. No.1S7, Sec. 4.8, Ord. No. 288, Sec. 2(b) and 3) (?) Driveways: Subject to Subsection 9271 bb. (Ord. No. 1240, Sec. 2, 8-6-01) c Conditionally Permitted Uses The following permitted uses subject to a use permit: (a) Adult book stores (a.1) Amusement resorts, arcades and private recreational facilities, and video and vending machines and other such contrivances in excess of five (S) which are identical to the principal business. (b) Small animal hospitals or clinics with one (1) caretaker apartment incidental thereto. (1) Off-street parking: 4 spaces per doctor plus one (1) space fair each additional employee. (Ord. No. 340, Sec. 2; Ord. No. 352, Sec. 4) (c) Auto repair shops. (d) Billiard parlors and pool halls (1) Off-street parking: one (1) parking apace per 100 square feet of floor space. (Ord. No. 314) xEV: i-2007 LU-2-40 TUSTIN CITY CODE ZONING 9233 (e) Churches, schools and public uses (fl Cleaning and dyeing establishments (g) Drive-in establishments for permitted uses (h) Figure model studios (i) Garages, Public (j) Hotels and motels (k) Laundries and launderettes (Ord. No. 699, Sec. 2) (1) Massage establishments (Ord. No. 699, Sec. 2) (m) Nursery school (1) Mazimum height: 30 feet (2) Minimum building site: 10,000 square feet (3) Minimum lot width at property line: 100 feet (4) Minimum front yard setback: None, 10 feet when frontage abuts a lot in an "R" District, unless otherwise shown on Zoning Map (b) Minimum side yard setback: None, 10 feet when side abuts on a lot in an "R" District (6) Off-street parking: One (1) apace for each staff member plus one (1) loading space for each eight (8) children. Loading spas shall be located for each circulation and shall not interfere with other required parking, (7) Building requirement8 and indoor and, outdoor space "required per child are established by the City of Tustin Uniform Buffding Cod®-sad hY the State Department of Social Welfare. (8) Outdoor play areas shall be screened from surrounding properties by a 6'8" high solid wall or fence, except when play areas abut public park or playfield;. (9) Structures proposed for nse as a day :nursery aa~., a nursery school shall be inspected and approved by the Fire Department prior to occupancy. (Ord. No. 372, Seca. 3 and 4) (10) Driveways: Subject to Subsection 9271 bh. (Ord. No. 1240, Sec. 2, 8-6-01) (n) Outdoor markets and outdoor salsa establishments (o) Pet shops (p) Rest homes (q) Secondhand sales (r) Service stations (Ord. No. 311) (s) Used car sales lots (t) Other uses which in the opinion of the Planning Commission are of a similar nature ~' 1-~~ LU-2-41 TUSTII~T CITY CODE ZONIIVG ~ 9233 {u) Reserved (v) Alcoholic beverage sales establishments subject to. the, following criteria. and the Planning Commission's Guidelines for Alcoholic Beverage Sales Establishments. Off-site alcoholic beverage sales located in a building and permitted business with less than 1b,000 square feet of gross floor area and permitted businesses with more than 1b,000 square feet of gross floor area where the off-site alcoholic beverage sales area within the building occupies more than 10 percent of the gmss floor area, subject to the following m;nim~ distance regulations: (1) 300 feet from any other residentially zoned or used property. b00 feet from any e~sting off-site sales establishment. 600 feet from any church, place of worship, Public or private school, .Park, playground, clinic, hospital, health care facility oar convalescent home. 600 feet from e~dsting on-site sales establishments, except restaurant establish- m~nta. (2) Minimum distances between a~ site sale establishments and; residentially zoned or used Property, churches, placers of worship. Public. or private schools, Parks, Playgrounds, clinics, hospitals, health care facilities and convalescent homes shall be computed by measuring the distance from the closest entry/e~rit provided for public%ustomer access of the off site establishment to the property line of any of the above uses, whether inside or outside the city boundaries. (3) Minimum distances between off-site sales estabt and another off-site or on-site sales establishment, ezcept restaurant establishments whether inside or outside city boundaries shall be computed by measuring the distance between the closest e=terior structural walls of each use. (4) Specialty stores as defined is Section 9297 of the Tostin City Code shall be eEempt from minimum distance regulations. (Ord. No. 123?, Sec. 2, 6-4-01) On-site alcoholic beverage sales establishments ezcept restaurant establishments Subject to the following minimum distance regulati0ua. (1) 1,000 feet from any residentially coned ar used property. 1,000 feet from any other e~sting on-site except fair restaurant establishments or off-site sales establishments. 1,000 feet from airy church, place of worship, public, or private school, park, playground, clinic, hospital, health care facility or com~alescent home. (2) Minimum distances between on-site sale establishments except for restaurant establishments and; residentially zoned ar used property, churches, places of worship, Public or private schools, Parks, Playgrounds, clinics, hospitals, health care facilities and convalescent homes shall be computed by measuring the distance from the closest exterior wail of the on-site establishment to the property line of any of the above-uses whether inside or outside the city boundaries.. ~v 1-~ LU-2-42 TUSTIN CITY CODE ZONING , ~~ (3) Minimum distances between on-site sales eiatabliahments and another off-site or on-site sales establishment except restaurant establishments whether inside or outside city boundaries shall be computed by measuring the distance between the closest exterior structural walls of each use, (Ord, No. 920, Sec, 2, 11-19-84; Ord, No. 981, Sec. 4, b-4-87; Ord, No. 1101, Sec. 1F, 11,_16-g2; Qrd, No. 1161, Sec, iB, 1-2-96; Ord. No. 1230, ~ 2, 6-19-00) (w) Bowling alleys (a) Hotels and motels (y) Professional and general offices fronting onto Main Street or EI Camino Real and located within the Old Zbwn Commercial General Plan land use designation, subject to the use criteria for office development provided herein: (1) Professional and general offices proposed at the ground floor level or that are greater than fifty (60) percent of the total budding floor area shall not be approved unless the approving authority finds, based on supporting documenta- tion and evidence, that an office use would be more compatible with the ezistiing, and planned uses in the vicinity than a retail commercial use on the subject Property and that an office use would be more beneficial in unplementin~ applicable land use policies such as the Tustin. General Plan, Tustin City Code, and any Tustin Community Redevelopment Agency Project Area Redevelopment Plan than a retail commercial use on the subject property. (2) Approval of professional and general office uses shall meet one (1) or more of the following criterioa: a. The proposed use is to be located in an e~dsting buflding originaAy designed, built, and occupied as offices or converted to oily use .pursuant to as 'approved building permit. b. The proposed use ie to be located m an design and orientation is impractical. ~~ ~~ that because of its modi$r ae alter to accommodate retail establishments. c. The proposed use is to be located in an e cant reconstruction that is not economically fe gasib e ~ ~~ s~fi- 3' practical to accom- modate retail establishments. d. The proposed use is to ,be located in amulti-tenant reta>7 center and is ancillary but complementary to the remaining mixed use with ~p~ ~ type of use, hours of operation, convenience, and parl#ing demand. e. The Proposed use is determined to be beneficial com lemen compatible with surroun ' ~ P ~' and du-g neighborhood and nearby retail establish- mente. (Ord. No. 1242, Sec. 3, 8-13-01; Ord. No. I2b1, Sec. 2, b-20-02; Ord, No. 131?, Sec. II, 9-18-06) (z) Fortune-telling businesses as defined by Section 3811 a~f the Z~stin City Code. x~.v i-zoos LU-2-43 TUSTIN CITY CODE ZONING 9233 (aa) Convenience stores. (Ord. No. 981, Sec. 3, 6-4-87) (bb) Bulk vending machines, subject to standards contained in the C-1 District regulations, Section 9232b. (Ord. No. 993, Sec. 6, 9-8-87) (cc) Large collection facilities, subject to standards contained in the C-1 District regula- tions, section 9232a.2. (Ord. No. 993, Sac. 7, 9-8-87) (dd) Adult entertainment booking agency, as defined in section 3731 of this Code. (Ord. No. 17b, Sec. 6; Ord. No. 699, Sec. 2; Ord. No. 888, Secs. 1(6), 7, 8-1-83;. Ord. No. 968, Sec. 2, 1-20.86; Ord. No. 1170, Sec. 2, 6-3-96) (ee) Specialty stores. (Ord. No. 123?, Sec. 2, 6-4-01) (~ Reserved. (Ord. No. 1251, Sec. 2, b-20-02) d Development Standards far Conditionally Permitted Urea (1) As specified in sectioa 9233b above, unless otherwise indicated, with rear yard and off-street parking requirements as specified in the use permit. (2) Hotel o$=street parking requirement is 1 space for each 2 guest rooms. (Ord, No. 293, Sec. 3) e Reserved (Ord. No. 167, Sec. 4.8; Ord. No. 896, Sec. 8,.1121-83; Ord. No. 1241, Sec, 2, 7.2-01; Ord. No. 1242, Sec. 4, 8-13-01; Ord. No. 1261, Sec. 2, 5-20-02; Ord. No. 1317,. Sec. II, 9-18-06) 9234 HEAVY COMIVVJERCIAL DISTRICT (C-3) a Permitted Uses None but the following uses, or uses which in the opinion of the.Planning Commission are similar, will be allowed in the Heavy Commercial District (C-3)r (1) All uses listed in the C-2 District, except schools, churches and outdoor sales establishments (2) Electronic plants within a building (3) Research plants (4) Secondhand sales within a building (5) Wholesale stores and storage within a building (6) Off-site alcoholic beverage sales located within a building and permitted business with at least 16,000 square feet of gross floor area and where the alcoholic beverage sales area within the building occupies no more than 10 percent of the gross floor area (Ord. No. 1101, Sec. 1B,• 11-16-92) x~v i-2oo~ LU-2-44 TUSTIN CITY CODE ZONII~TG 9234 b Development Standards far Permitted flees (a) Maximum height: b0 feet (b) Minimum building site: 2,000 square feet REV 1-2007 LU 2-44.1 Attachment C Submitted Plans 3 ~_ d M I N Mr ~Vi W ~ ~ x~ W .- X ~ ~ W ~ ~;, ... W ~' O W I -- X _~ _ " .-~n ~i i~ la oc Jo° J LL Z ~"~ r ~ w°~ g z z s 1 1 1 1 1 Z O Q w z O r ^ r v w z 1 J E I Z O Q W O Z T T .0-,8 ^0 ,Zt w~-,8 „0-,Z t Attachment D Resolution No. 4079 RESOLUTION N0.4079 A RESOLUTION OF THE PLANNING COMMISSION DENYING CONDITIONAL USE PERMIT 07-020 TO AUTHORIZE A DENTAL OFFICE LOCATED AT 740 EL CAMINO REAL IN THE CENTRAL COMMERCIAL (C-2) ZONE AND FRONTING ONTO EL CAMINO REAL I. The Planning Commission of the City of Tustin does hereby resolve as follows: A. That a proper application, Conditional Use Permit 07-020, was filed by Dr. Ashok Mehta, requesting authorization to establish a dental office in an existing stand-alone building at 740 EI Camino Real. That the property fronts onto EI Camino Real, is located in the Central Commercial (C-2) zoning district, and is designated as Old Town Commercial by the General Plan land use map; B. That a public meeting was duly called, noticed, and held for said application on December 11, 2007, by the Planning Commission; C. That the project is categorically exempt pursuant to Section 15270 (Projects Which are Disapproved) of the California Code of Regulations (Guidelines for the California Environmental Quality Act); D. That pursuant to Tustin City Code Section 9233(y), professional and general offices fronting onto Main Street or EI Camino Real and located within the Old Town Commercial General Plan land use designation are conditionally permitted, subject to certain use criteria; E. That the Planning Commission has considered the matter and determined that the proposed project does not meet finding requirements needed to support the conditional use permit, in that: 1. Pursuant to Tustin City Code Section 9233(y)(1), professional offices proposed at the ground floor level shall not be approved unless the approving authority finds, based on supporting documentation and evidence, that an office use would be more compatible with the existing and planned uses in the vicinity than a retail commercial use on the subject property and that an office use would be more beneficial in implementing applicable land use policies such as the Tustin General Plan, Tustin Ci Code, ty and any Tustin Community Redevelopment Agency Project Area Redevelopment Plan than a retail commercial use on the subject property. While some of the documentation may support approval of the conditional use permit, insufficient and/or inconclusive evidence exists to meet finding requirements that an office use would be more compatible than a retail commercial use on the subject property. In addition, approving an office use would not be more beneficial in Resolution No. 4079 Page 2 implementing applicable land use policies such as the City Code and General Plan, as outlined below. 2. Pursuant to Tustin City Code Section 9233(y)(2), approval of professional and general office uses shall meet one or more of the following criterion: a. The proposed use is to be located in an existing building originally designed, built, and occupied as offices or converted to office uses pursuant to an approved building permit. The original building permit does not exist, but records dating back to 1972 indicate that the building has been occupied as an office since the building was relocated to and first occupied in Tustin. However, the office use has lapsed for more than twelve (12) consecutive months. On October 9, 2006, the Zoning Administrator approved CUP 06-014, permitting a tutoring and counseling facility including a retail area, which currently occupies the building. b. The proposed use is to be located in an existing building that because of its design and orientation is impractical to modify or alter to accommodate retail establishments. The existing building's site and orientation at the prominent crossroads of El Camino Real and El Camino Way at the entry to Old Town Tustin make it a prime location for a retail establishment. The property, with minor modifications, presents a significant potential for retail uses or for redevelopment of the site to accommodate retail at least at the ground floor. Approving another office use at this location would lengthen the non- conforming use indefinitely and hinder the potential for retail or redevelopment. c. The proposed use is to be located in an existing building requiring significant reconstruction that is not economically feasible or practical to accommodate retail establishments. The existing building, with some modifications, could be suitable to accommodate service-oriented retail uses that are outright permitted in the C-2 zone. The building is currently oriented towards the interior of the lot, but the addition of some storefront elements along the elevation on El Camino Real could feasibly transform the structure to accommodate retail by capitalizing upon its corner location. However, establishment of a dental office at this location would necessitate tenant improvements to the building, thereby impairing the opportunity for retail at this location in the reasonable and foreseeable future. Resolution No. 4079 Page 3 d. The proposed use is to be located in amulti-tenant retail center and is ancillary but complementary to the remaining mixed uses with respect to type of use, hours of operation, convenience, and parking demand. This criterion is not applicable, since the proposed use is to be located in asingle-tenant building. However, the site is located adjacent to El Camino Plaza and other shopping centers, which feature a large variety of retail commercial operations. e. The proposed use is determined to be beneficial, complementary, and compatible with surrounding neighborhood and nearby retail establishments. The subject property is located within the Old Town Tustin District, which is a walkable neighborhood district. The intent of the once provision in the C-2 zoning district is to encourage pedestrian activity in the area. Although the applicant has indicated that the dental office use would bring increased foot traffic to the area, the nature of the patron for this type of activity is more single-use oriented than amulti-trip retail customer that might visit a travel agency or bank, or drop off children at a tutoring facility, for example. The proposed use is not complementary to surrounding retail establishments in that once uses do not encourage pedestrian activity in the neighborhood in the same way that retail orservice-oriented uses do. 3• The proposed project must be determined to be in conformance with the City's General Plan. The project as proposed appears to be in direct conflict with the following policies set forth in the Land Use Element of the General Plan: 4. Policies 1.2 and 10.6: Provide for and encourage the development of neighborhood-serving commercial uses in areas of Tustin presently underserved by such uses. Encourage the integration of retail or service commercial uses on the street level of office projects. The project proposal is for a dental office to fully occupy asing/e- story building located in an area identified for retail commercial uses. The Old Town neighborhood has been recognized by the City Council and Chamber of Commerce as underserved by retail commercial uses. The proposed use does not further the land use goals set forth in the Genera/ Plan because it does not fill a land use need of the neighborhood. CA 06-004 was adopted to address this deficiency and encourage much-needed retail uses in the heart of Old Town Tustin. Resolution No. 4079 Page 4 The City's zoning code and general plan provide for several areas throughout the City where professional offices may locate. Dental offices are permitted outright in the Professional (Pr), Retail Commercial (C-7), and Commercial General (CG) zoning districts, as well as in the Central Commercial (C-2) district when not fronting on to Main Street or El Camino Real and located outside of the Old Town Commercial General Plan land use designation. The Planning Commission hereby denies Conditional Use Permit 07-020 to authorize a dental office in an existing building at 740 EI Camino Real in the C-2 zoning district and Old Town Commercial General Plan designation. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 11th day of December, 2007. JOHN NIELSEN Chairperson ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN 1 I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4079 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 11~' day of December, 2007. ELIZABETH A. BINSACK Planning Commission Secretary