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HomeMy WebLinkAboutCC RES 08-22RESOLUTION NO.08-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN REVERSING THE PLANNING COMMISSION DECISION DENYING CONDITIONAL USE PERMIT 07-020 AND APPROVING CONDITIONAL USE PERMIT 07-020 AUTHORIZING A DENTAL OFFICE LOCATED AT 740 EL CAMINO REAL IN THE CENTRAL COMMERCIAL (C-2) ZONE AND FRONTING ONTO EL CAMINO REAL The City Council 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 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 hearing 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 at the January 22, 2008, public hearing, the Planning Commission adopted Resolution No. 4079, denying Conditional Use Permit 07-020; G. That on January 29, 2008, the property owner's legal counsel submitted a letter of appeal of the Planning Commission's denial of Conditional Use Permit 07-020; H. That a public hearing was duly called, noticed, and held for said application on March 4, 2008, by the City Council; I. That at the March 4, 2008, public hearing, the City Council continued the item to the March 18, 2008 meeting; Resolution No. 08-22 CUP 07-020 March 18, 2008 Page 2 J. 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; K. That the City Council determines that the property fronts onto EI Camino Real, is located within the Old Town Commercial General Plan land use designation, and is subject to Tustin City Code Section 9233c(y). L. That the City Council has considered the matter and determined that if implemented consistent with the conditions of approval set forth in Exhibit A attached hereto, the proposed project meets finding requirements needed to support the conditional use permit, in that: 1. Pursuant to Tustin City Code Section 9233c(y)(1), the proposed 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 the 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. 2. Pursuant to Tustin City Code Section 9233c(y)(2), approval of the professional office use meets the required criteria, as follows: b. That 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. 3. The proposed project has been determined to be in conformance with the City's General Plan, which allows for a variety of retail, professional office, and service-oriented business activities to serve Old Town and surrounding areas, and 4. The Redevelopment Agency has reviewed the project and has indicated its support for the proposed use if architectural improvements are provided. M. That the project is categorically exempt pursuant to Section 15301 (Class 1) of the California Code of Regulations (Guidelines for the California Environmental Quality Act). Resolution No. 08-22 CUP 07-020 March 18, 2008 Page 3 II. The City Council hereby reverses the Planning Commission decision denying Conditional Use Permit 07-020, subject to the conditions of approval set forth in Exhibit A, and approves Conditional Use Permit 07-020 authorizing a dental office in an existing building at 740 EI Camino Real in the Central Commercial (C- 2) zoning district and Old Town Commercial General Plan designation. JERRY AMANTE MAYOR PAMELA STOKER CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 08-22 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 18~' day of March, 2008 by the following vote: COUNCILMEMBER AYES: Amante, Davert, Kawashima, Palmer (4) COUNCILMEMBER NOES: Bone (1) COUNCILMEMBER ABSTAINED: None (0) COUNCILMEMBER ABSENT: None (0) PAMELA STOKER CITY CLERK EXHIBIT A -RESOLUTION N0.08-22 CONDITIONAL USE PERMIT 07-020 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped on the date of approval, 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 to plans during plan check if such modifications are consistent with provisions of the Tustin City Code. (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 Approval of Conditional Use Permit 07-020 is contingent upon the applicant and property owner 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. ARCHITECTURE (*''*) 2.1 Prior to the establishment of a dental office, the applicant shall enhance the exterior of the building through the Design Review application process, for review and approval by the Planning Commission. At a minimum, exterior improvements shall include high quality four-sided architectural .improvements and parking lot and landscape improvements. Conditions of project approval including but not limited to appropriate conditions on the use as permitted by this CUP 07-020 shall be considered concurrent with the design review approval. SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODES (4) DESIGN REVIEW *** EXCEPTIONS (5) RESPONSIBLE AGENCY REQUIREMENTS (6) LANDSCAPING GUIDELINES (7) PC/CC POLICY Exhibit A Resolution No. 08-22 CUP 07-020 March 18, 2008 Page 5 FEES (1,5) 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 ffty dollars ($50.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period the 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.