HomeMy WebLinkAboutPC RES 4158RESOLUTION 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
g 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 far 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.
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.
J F . T PSO
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