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HomeMy WebLinkAboutPC RES 4079RESOLUTION N0.4079 A RESOLUTION OF THE PLANNING COMMISSION DENYING WITHOUT PREJUDICE 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 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 Policy 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 at the December 11, 2007, public hearing, the applicant's legal counsel submitted correspondence and a Public Records Act request to the Planning Commission. D. That the Planning Commission continued the project to the January 8, 2008, meeting to allow the Planning Commission and City staff time to review and respond to correspondence and the Public Records Act request. E. That at the January 8, 2008, public hearing, the Planning Commission continued the project to the January 22, 2008 meeting, in order to conduct further research as to whether a conditional use permit was required; F. That pursuant to Tustin City Code Section 9233c(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; G. That Tustin City Code does not define "fronting" and that the Planning Commission has considered available definitions contained in the Tustin City Code and Webster's Dictionary to determine the meaning of "fronting" as follows: "Lot Front" is defined as "the narrowest dimension of a lot fronting on a street," which in the case of the subject property, is the portion of the lot fronting on EI Camino Real. "'Side and Front of Corner Lots' Resolution No. 4079 CUP 07-020 Page 2 means the narrowest frontage of a corner lot facing the street is the front, and the longest frontage facing the intersecting street is the side, irrespective of the direction in which the dwelling faces." Webster's Dictionary defines "frontage" as "Land adjacent to a building, street." In the case of the subject property, the land is adjacent to both EI Camino Real and EI Camino Way, thus it is fronting upon both streets. H. That the Planning Commission determines that, like any property with any portion of the lot fronting on to EI Camino Real or Main Street and located within the Old Town Commercial General Plan land use designation, the subject property is subject to Tustin City Code Section 9233c(y). That the subject property fronts on EI Camino Real, therefore a conditional use permit is required to establish a dental office at the subject location. J. 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 9233c(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. 2. Pursuant to Tustin City Code Section 9233c(y)(2), approval of professional and general office uses shall meet one or more of the following criterion: Resolution No. 4079 CUP 07-020 Page 3 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 was occupied as an office since the building was relocated to and first occupied in Tustin. The last business license issued for this property prior to the establishment of a tutoring facility was for EI Camino Chiropractic whose business license expired in 1995. Thus, the office use has lapsed for more than twelve (12) consecutive months and pursuant to Tustin City Code Section 9273 (Non-conforming Structures and Uses) any subsequent use shall comply with current City Code. The intent of anon-conforming code in the City's Zoning Code is to permit the continuation or maintenance of a building and/or use to enjoy the benefit of a prior right/regulations until such time that a building and/or use is no longer used for the prior purpose, at which time the use and/or building should be brought into compliance with current codes. To further the non-conformity of a use and/or building does not meet the intent or purpose of anon-conforming code section and may set a precedent for other nonconforming sites when the use has been discontinued and the desire is to reestablish a non- conforming use contrary to the standards set forth in the Zoning Code and goals and objectives of the General Plan. 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 and further invalidating the continuance of the property as an office use. 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 EI Camino Real and EI 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. Evidence presented by the applicant about the Resolution No. 4079 CUP 07-020 Page 4 cost to modify or alter the building to accommodate retail establishments indicated that the costs were similar to the costs to establish new office uses. There is inadequate evidence that modifying the building to accommodate retail uses is impractical. 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 EI 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. Also, evidence presented by the applicant about the cost to modify or alter the building to accommodate retail establishments indicated that the costs were similar to the costs to establish proposed new office uses. There is inadequate evidence that modifying the building to accommodate retail establishments is economically infeasible or impractical. 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 EI 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 office provision in the C-2 zoning district is to encourage pedestrian activity in the retail area. Although the applicant has indicated that Resolution No. 4079 CUP 07-020 Page 5 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 or service-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: 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 (Policies 1.2 and 10.6). Encourage the elimination of non-conforming uses and buildings (Policy 4.4). 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. Tustin City Code Amendment 06-004 was adopted to address this deficiency and encourage much-needed retail uses in the heart of Old Town Tustin. In addition, grating the CUP for an office use would further the non-conforming status of the property, in direct conflict with General Plan Policy 4.4. 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-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 EI Camino Real and located outside of the Old Town Commercial General Plan land use designation. K. 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); Resolution No. 4079 CUP 07-020 Page 6 II. The Planning Commission hereby denies without prejudice 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 22nd day of January, 2008. '`~ CHARLES E. PUCKETT Chairperson Pro Tem . -, -~ ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) 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 22nd day of January, 2008. ELIZABETH A. BINSACK Planning Commission Secretary