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HomeMy WebLinkAbout02 UD 10-002ITEM #2 Report to the Planning Commission DATE: SEPTEMBER 14, 2010 SUBJECT: USE DETERMINATION 10-002 APPLICANT/ PROPERTY OWNER: B.K. TUSTIN PROPERTY, LLC CIO ASB PROPERTY MANAGEMENT P.O. BOX 1818 MONROVIA, CA 91017 LOCATION: 631 E. FIRST STREET T V ~ l ~ l 'V ~,Pr ~ , M = - .~ - GENERAL PLAN: PLANNED COMMUNITY COMMERCIAL/BUSINESS ZONING: FIRST STREET SPECIFIC PLAN (SP-10), DESIGNATED "COMMERCIAL AS PRIMARY USE" ENVIRONMENTAL STATUS: THIS PROJECT IS EXEMPT FROM ENVIRONMENTAL REVIEW UNDER CEQA PURSUANT TO SECTION 15601(8)(3) OF THE STATE CEQA GUIDELINES. REQUEST: A REQUEST FOR A USE DETERMINATION TO ESTABLISH A DENTAL OFFICE AS AN OUTRIGHT PERMITTED USE IN THE "COMMERCIAL AS PRIMARY USE" DISTRICT OF THE FIRST STREET SPECIFIC PLAN. RECOMMENDATION That the Planning Commission adopt Resolution No. 4158 approving Use Determination 10-002 to establish a dental office as a conditionally permitted use in the "Commercial as Primary Use" District of the First Street Specific Plan (FSSP), with the conditional use permit subject to approval by the Zoning Administrator. Planning Commission Report Use Determination 10-002 Page 2 BACKGROUND Site and Surrounding Properties The proposed use determination would apply to all sites within the FSSP that are designated "Commercial as Primary Use." However, a specific request has been received to establish a dental office at 631 E. First Street. The proposed dental office faces First Street and is within the Tustin Courtyard Shopping Center, which is generally located at the northwest corner of First Street and Newport Avenue within the FSSP. The site is bounded by commercial uses in all directions (Attachment A -Location Map). The existing tenant space at 631 E. First Street has been vacant since January 1, 2010. USE DETERMINATION The FSSP does not list a dental office as a permitted, conditionally permitted, or prohibited use in the "Commercial as Primary Use" District. Since FSSP Section III(D)(1)(a)(3) allows the Planning Commission to determine whether an unlisted use is similar to other listed uses and should be permitted, conditionally permitted, or prohibited, a Use Determination by the Planning Commission is required to list the proposed use within the "Commercial as Primary Use" District of the FSSP. For evaluation of the request, the Planning Commission must consider whether or not the proposed use is: a) consistent with the overall intent of the planning unit; and, b) consistent with other listed permitted or conditionally permitted uses in the planning unit. The FSSP is divided into three (3) subareas containing thirty (30) planning units (Attachment B - First Street Specific Plan Exhibits). Of the thirty (30) planning units, nineteen (19) are designated "Commercial as Primary Use." In five (5) of these planning units, offices are designated as an allowed secondary use. A dental office could be considered a similar use to other permitted service uses in the FSSP area, and a dental office is outright permitted in the "Office as Primary Use" and "Office as Secondary Use" Districts. Furthermore, a dental office would generally be open during regular business hours that are typical of other commercial uses. According to City business license records, there are three (3) dental offices with active business licenses at locations within the FSSP that are designated "Commercial as the Primary Use." Two of these dental offices were authorized as continuations of previously established office uses, and one was allowed through the approval of a conditional use permit in conjunction with the approval of a new retail center. CONDITIONAL USE PERMIT Should the Planning Commission adopt Resolution No. 4158 to establish a dental office as a conditionally permitted use in the "Commercial as Primary Use" District of the FSSP, staff recommends that City Code Section 9299b(3) be amended in conjunction with the pending Planning Commission Report Use Determination 10-002 Page 3 zoning code amendment cleanup for use determinations so that the Zoning Administrator would have the authority to consider this type of conditional use permit, in the same manner as conditional use permits for offices fronting onto Main Street and EI Camino Real in Old Town are considered. Further, it is recommended that in the meantime the Zoning Administrator have the authority to consider conditional use permits for dental offices in the FSSP. FINDINGS An approval of the use determination for a dental office as a conditionally permitted use could be supported by the following findings: 1) The proposed use is consistent with the overall intent of the "Commercial as Primary Use" designation of the FSSP, which is to maintain and perpetuate a mix of commercial uses. 2) The proposed use is consistent with other listed uses within the "Commercial as Primary Use" designation in that a dental office would be similar to other outright permitted customer-serving office uses, such as real estate offices and travel agencies. 3) Dental offices are outright permitted in the City's Retail Commercial (C-1 ), Central Commercial (C-2), and Commercial General (C-G) Zoning Districts, with the exception of properties in the C-2 District that front onto Main Street or EI Camino Real and are located in the Old Town Commercial General Plan land use designation, wherein they are conditionally permitted. 4) Dental offices have been established in commercial districts throughout the City and are generally compatible with other commercial retail, service, and office uses. 5) The proposed use would not have a detrimental effect on the public health, safety, and general welfare of the community in that the proposed use would be consistent with other uses within the First Street Specific Plan area. 6) A dental office operates similarly to other service uses permitted in the "Commercial as Primary Use" designation, such as banks and travel agencies, in that customers visit the office for a particular service, versus a traditional office use which is primarily occupied by employees. Furthermore, dental customers are likely to patronize nearby retail and service establishments. 7) A Conditional Use Permit would allow a proposed dental office to be considered on a case-by-case basis to preclude an overconcentration of office uses in the "Commercial as Primary Use" designation of the FSSP and to preserve a strong retail presence within the retail nodes of the First Street Specific Plan. Planning Commission Report Use Determination 10-002 Page 4 ENVIRONMENTAL ANALYSIS Proposed Use Determination 10-002 is exempt from environmental review under CEQA pursuant to Section 15061(b)(3) of the State CEQA Guidelines. This section provides that a project is exempt from environmental review where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. If approved, the proposed use determination would allow the establishment of a dental office as a conditionally permitted use in the "Commercial as Primary Use" District of the FSSP and would not have an effect on the environment. Scott Reekstin Senior Planner Elizabeth A. Binsack Community Development Director Attachments: A -Location Map B -First Street Specific Plan Exhibits C -Resolution No. 4158 D -Correspondence S:\Cdd\PCREPORll2010\UD 10-002FINAL.doc ATTACHMENT A LOCATION MAP LOCATION MAP `~~~`x ~ .: ~..~.- ~cl i .i J ~~ ~--;- ~~ _ ---~-,- ~ ~ w - ~,~ t ur~ f .u ,L /e~ ,t Cl ~ `~ Y~4 1'ts !~ ~~, ` xu~s nsr~a , _' ~ 2 ~ } ~ - i/ L m~~~~.. r I ~~J~T~ f~;'~ l•~k'~~ ~`~'~~~~~~_ --- ~i ~I~ 418~~ := ~~. _ __ __ _ .M.r s:,.~..,~, m.-R*ncr • ~ ~ ~T-- ; 1 _~ ~. ``~~~, ~ ~` ~y~r ll~, a ~- Project Site ATTACHMENT B FIRST STREET SPECIFIC PLAN EXHIBITS W W a ~ W LL K O~ r N J U ~~ 'd' g ~ ~~~ J~"N t ~ W 'X' O ~ W~~ Se F 1~ -,d L''7 O o~0 V =d..~ r N W J !: :`, W °~~.= N LL p b~~, o ~„ j r tV~ J i_ ~ U ~~ W ~ W ~ F t3 O L? ~ J 4 V ~* ~~ LL ~ VO ~ rN W W ~ O LL r vO N W N ua. ! ~ J V W ~ ~ ~.-' ro ~ t? ~- r ~ r~ Q ~ ~ 0~0 ~ ~ ~~' `-~ r v ~~ W O r t9 J J d W O U ~ W d ~ ~ LL W 4' Q O L~~ c c~ V ...~ ~~ : ~~ C •~•+ ~~ ~J ~_ U ~~ ~". ~'~ r V V ~ ~ •~J ~ ~ ~ /1 ~ t~ ~ .Q . ~. ~ ~~ _ ~ ~ M- -~ ~ Q d ~ ~ ~ ~ W ~ ~ ~ w O sr U .- ~i _Q U ~ ~ 4 _a U 'r' W ~"' ~ V r- ~. ~~:. ~ w !~` ' ~ i ~r ; ti ; (~ 1 - r ~ r ~ I f ~ ~ ~ ~ ,: Ci ~ ^ ~. r ~~ F- ti ~ = O .- N J v oc O W 'r" ~ 0 U r ~ ~ ... _ U a ~ ~ d ~ N O W tJ OC r' N ~E- J ~- Q2 Q W ~ ~a ~~ U CC r' N J J Q Q f= U ~ ~ ~ ~ J ~ ~ O ~ ll.! ~ ~ 2 ~ ~ ~_~ _. .~.... ~./ ..~ L~ ... V .~ ~ ('W'' Lr.i..~ ~/~~ O "}~~ -~~+ W „~ „~"~ L,,, ~~ N `~ ~ yJ ~ ~ t ~ ~ ~ ~ ~ ~ ~ Q_ (n i d V tr W M ~ ~. f' .. e 1 a ~~ ~~~ ~ ~ ~~s ~ r+r~~ ~ \\~ 1 : } ti'~, i 4:e~'i 1 J s-; 1 ~ ,< ~;~ ti W V N LLa 0 J '~" a F- Z 1„r N co I e ~ r ~ •~ i ~~_ _. ~~~~, ~ u .U ..- r:. ~~ r- -- _ ~ I ,' j Z W C3 J 'Ct' nc W 3 ~~.~ ~ f I I _ !t. - - i i O ~ I ~I r __ ~ ~ ~~,~ t~ ~•` / ~j .. . ~ -~ Q ~ ~ ~ z ~ w ~ ~ U ~ ~ ~ ~ U O ~._J L~ "~ ~:~.std!'~.~ser~~~~~r~~~~~~~~~~i~rirrwra +=. t.../ ~ ~ ~~ ,~ ~ /. ~ ~ m /'~ \ ~ ~ j ` ~--.. W ~ r ~1~- -~ T y ~ ^ n.+r~ ~"' ~ t ~~.r . o- .f~ i ~ ~ ~ r ~ l- , 111 ATTACHMENT C PLANNING COMMISSION RESOLUTION NO. 4158 RESOLUTION NO. 4158 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING USE DETERMINATION 10-002 TO ALLOW A DENTAL OFFICE AS A CONDITIONALLY PERMITTED USE IN THE "COMMERCIAL AS PRIMARY USE" DISTRICT OF THE FIRST STREET SPECIFIC PLAN. The Planning Commission does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That a proper application for Use Determination 10-002 was filed by B.K. Tustin Property, LLC, to request a use determination from the Planning Commission for the establishment of a dental office at 631 E. First Street. B. According to the First Street Specific Plan (FSSP), a dental office is not a listed use in the "Commercial as Primary Use" land use designation and requires a use determination by the Planning Commission as stated in Section III C (6) of the FSSP. C. The Planning Commission finds that approval of a use determination to allow a dental office as a conditionally permitted use in the FSSP "Commercial as Primary Use" designation can be supported by the following findings: 1) The proposed use is consistent with the overall intent of the "Commercial as Primary Use" designation of the FSSP, which is to maintain and perpetuate a mix of commercial uses. 2) The proposed use is consistent with other listed uses within the Commercial as Primary Use designation in that a dental office would be similar to other outright permitted offices uses, such as real estate offices and travel agencies. 3) Dental offices are outright permitted in the City's Retail Commercial (C-1), Central Commercial (C-2), and Commercial General (C-G) Zoning Districts, with the exception of properties in the C-2 District that front onto Main Street or EI Camino Real and are located in the Old Town Commercial General Plan land use designation, wherein they are conditionally permitted. 4) Dental offices have been established in commercial districts throughout the City and are generally compatible with other commercial retail, service, and office uses. 5) The proposed use would not have a detrimental effect on the public health, safety, and general welfare of the community in that the Resolution No. 4158 September 14, 2010 Page 2 proposed use would be consistent with other uses within the First Street Specific Plan area. 6) A dental office operates similarly to other service uses permitted in the "Commercial as Primary Use" designation, such as banks and travel agencies, in that customers visit the office for a particular service, versus a traditional office use which is primarily occupied by employees. 7) A Conditional Use Permit would allow a proposed dental office to be considered on a case-by-case basis to preclude an overconcentration of office uses in the "Commercial as Primary Use" designation of the FSSP and to preserve a strong retail presence within the retail nodes of the First Street Specific Plan. D. That this project is exempt pursuant to Section 15061(b)(3) of the California Environmental Quality Act. II. The Planning Commission hereby approves Use Determination 10-002 to allow a dental office as a conditionally permitted use in the "Commercial as Primary Use" District of the FSSP, with the conditional use permit subject to approval by the Zoning Administrator. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 14t" day of September, 2010. JEFF R. THOMPSON Chair Pro Tem ELIZABETH A. BINSACK Planning Commission Secretary Resolution No. 4158 September 14, 2010 Page 3 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 Planning Commission of the City of Tustin, California; that Resolution No. 4158 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 14th day of September, 2010. ELIZABETH A. BINSACK Planning Commission Secretary ATTACHMENT D CORRESPONDENCE Plug 19 2010 3:58PM ASH Property Mang 6263057226 p,1 PRdPERTY MANA(~BMEIVT, INC. Ce+nmerclai Property Manu~ement • Aaser Management • Rsetail Tenant Re resentation P Real Estate Imestr-~ent VIA FACSIMILE 714-573-3113 To: Scott Reekstin .From: Paul Strauss Date: August 1 ~, 2Q 10 Re: 631 First Street Tuatim, CA Use beterminetiox>I Dear Scott; Per Army's request attached is a letter frarn Dr. Joanne Fernando concerning her proposed uee for subject property. As indicated to you, we believe that the use will be helpful for the shopping Centex and surrounding area. When considering that the space has been vacant since the fixst of the year with na interested parties except the dentist this is z~tuch better for both the city and of course ownership than an empty space. Thank you for your help. Hest regards. PO Box 1818 Monrovia California 41017 Phone 626.932.1540 Fdx 626.305.7226 Email A58PropManq cl~aal.cam Cdlifornip Rea! Estata Lleenae Number 01272512 Rug 19 2010 3:58PM RSH Property Mang~^ 6263057226 p,2 Joanne Lynne S. Fernando, D.M.D. 14538 Newport Ave., Unit 3 Tustin CA 92780 August 19, 2,010 AI Muray Chairperson Tustin Planning Commission 300 Centennial Way Tustin CA 92780 Dear Mr. Chairperson, Greetings! I intend to open a dental practloe at 631 First Street, Tustin CA 92780, The practice will be named Tustin Dental Wellness, pending approval from the Dental Board of California. It wiN be owned and operated by Joanne Lynne S. Fernando, D.M.D., Inc. The afflce will initially be equipped with 3 dental operabories but will have the capacity to expand tp five operataries as the practice picks up. To start up, three employees will be hired: a r~eceptlonlst, a dental assistant, and a dentist. 115 the practice grows, we will add addRional personnel to help with additional responsiblltlies that will be needed at that time. The number Of patients that will be seen per day will depend on the treatment plan and procedure that the patient will elect. The more campl~ated cases will require more time as compared to a simple one. Tustin Dental Wellness will adopt a guiding principle to ensure patient satlsFdctlon and word of mouth advertising. Our hours will Include afterroffiice-hours care and allow patients to come into clinic after they get oft work, This means there will be several days that we will be open till 7;00 P.M. and that we will also be open on Saturdays. Tustin Dental Wellness will provide general dentistry for all ages. Wellness, Education and Excellence are the fundamental principles of our practice. We believe that every patient has Individual needs and concerns. Through patient education, patients will be better-equipped to make Inlbmried dedsions, take control of their dental health and achieve long berm optimal overall wellbeing. We are dedicated In pravlding excellent care, utilizing high quality dental materials and state-of~the-art equipments while In an envlronrnent of warmth, kindness, honesty, mutual trust, and respect. We will condnuousty strive for exaellenoe through regular attendance of contmutng education and keeping up to date with latest technology as we grow personalty and professionally serving our community, Sincerely, Joanne Lynne S. Fernando, D.M.D.