HomeMy WebLinkAboutPC RES 3608RESOLUTION NO. 3608
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TUSTFIN, APPROVING CONDITIONAL USE PERMIT 98-017
APPROVING A CONDITIONAL USE PERMIT TO ESTABLISH A 100
PERCENT OFFICE USE IN A 4,820 SQUARE FOOT OFFICE
BUILDING AT 1111 EL CAMINO REAL.
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The Planning Commission does hereby resolve as follows:
I. The Planning Commission finds and determines as follows:
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That a proper application for Conditional Use Pemfit 98-017 was filed by
Dr. Jerold Petrofsky requesting approval to establish a 100 percent office use
in an e.,dsting 3,578 square foot general and medical office building and
recently constructed 1,242 square foot ground floor addition at 1111 El
Camino Real (APN # 500-151-19) within the Retail Commercial (C-l)
zoning district.
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That Section 9232 (d)(2) requires a conditional use permit where greater than
fifty (50) percent of the total floor area, or any portion of the ground floor
area, is desiguated for occupancy by professional or general offices within
the C-1 zoning district. Section 9232 (a)(3)(h) identifies medical clinics for
out-patients as a type of permitted office use within the C-1 district.
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That a public hearing was duly called, noticed and held on said application
on August 24, 1998 bythe Planning Commission.
D.
That the project is categorically exempt (Class 1) pursuant to Section 15301
of the California Environmental Quality Act Guidelines.
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That the establishment, maintenance and operation of the use applied for will
not under the circumstances of this case, be detrimental to the health, safety,
morals, comfort, or general welfare of the persons residing or working in the
nei~borhood of such proposed use, nor be injurious or detrimental to the
property, and improvements in the neighborhood of the subject property, or
to the general welfare of the City of Tustin, as evidenced by the following
findings:
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Approving 100 percent office use and establishing a medical office
clinic at this location will not be detrimental to the health, safety,
morals, comfort and general welfare of the persons residing in or
working in the nei~borhood nor injurious or detrimental to property
or improvements in the vicinity in that the proposed medical office
clinic is an expansion of an established office use which has operated
successfully within the area in which it is located. In addition,
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Resolution 3608
Page No. 2
sufficient parking would be provided on-site for existing and
proposed uses.
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An office use at the proposed location is more compatible than a
commercial retail use in that an office Use would be less disruptive to
adjacent residential uses than more intensive commercial retail uses.
In addition, the proposed use would be located to the rear of an
existing office building and would not have the same level of access
or visibility as other commercial areas within the vicinity.
The Planning Commission hereby approves Conditional Use Permit 98-017, a
request to establish a 100 percent office use in a 4,820 square foot building at 1111
E1 Can~ino Real, subject to the conditions contained in Exhibit A attached hereto.
PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular
meeting on the 24th day of August, 1998.
Planning Commission Secretary
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )'
I, ELIZABETH A. BDISACK, the undersigned, hereby certify that I am the Planning
Commission Secretary of the Planning Commission of the City of Tustin, California; that
Resolution No. 3608 was duly passed and adopted at a regular meeting of the Tustin
Planning Commission, held on the 24th day of August, 1998.
E*L'7'IZABE~H A. BINSAC~ - '
Planning Commission Secretary
GENERAL
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EXHIBIT A
CONDITIONAL USE PERMIT 98-017
CONDITIONS OF APPROVAL
RESOLUTION NO. 3608
The proposed project shall substantially confonn with the submitted plans for the
project date stamped August 24, 1998 on file with the Conmaunity Development
Department, as herein modified, or as modified by the Community Development
Director in accordance with this Exhibit. The Director may also approve
subsequent minor modifications to plans during plan check if such modifications
are consistent with provisions of the Tustin City Code or other applicable
regulations. (1)
Unless otherwise specified, the conditions contained in this Exlfibit shall be
complied with prior to the issuance of any building permits for the project, subject
to review and approval by the Community Development Department. (1)
The subject project approval 'shall become null and void unless the use is
established Mthin 12 months of the date of this exlfibit. Time extensions may be
considered if a written request is received by the Community Development
Department within thirty (30) days prior to expiration. (1)
Approval of Conditional Use Permlt 98-017 is contingent upon the applicant and
property owner signing and returning an "Agreement to Conditions Imposed" form
as established by the Community Development Department. Failure to comply
with the conditions imposed shall be grounds for suspension or revocation of
Conditional Use Permit 98-017.(1 )
The applicant shall hold harmless and defend the City of Tustin from all claims and
liabilities arising out of a challenge of the City's approval of this project.(1)
(2) ·
(3)
(4)
SOURCE CODES
ST.~ND~ CONDITION
CEQA MITIGATION
UNI3'oRM BUILDING CODE/S
DESIGN REV12EW
EXCEPTIONS
(5)
(6)
(7)
RESPONSIBLE AGENCY
REQUIREMENTS
LANDSCAPING GUIDELI3,rES
PC/CC POLICY
Exhibit A
Resolution 3608
Page No. 2
PLAN SUBMITTAL
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Three (3) sets of construction level plans with necessary, specifications, and details
prepared in accordance with the Uniform Building Code, and other related Codes,
City Ordinances, and state and federal laws and re~lations shall be subnfitted for
any tenant improvements for review and approval by the Conununity Development
Department. Compliance v~'ith approved plans shall be inspected by the Commtmity
Development Department during cons~uction and prior to final inspection.(1)
FEES
3.1
Prior to the issuance of any building permits, payment shall be made of all
applicable fees, including but not limited to the following. Payment shall be
required based upon those rates in effect at the time of payment and are subject to
change.
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Building plan check and permit fees to the Community Development
Department based on the most current schedule.(1)
3.2
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 mount of $38.00 (thirty eight dollars) to enable
the City to 'file the appropriate environmental documentation for the project. If
within such forty-eight (48) hour period that 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
trader the provisions of the California Environmental Quality Act could be
significantly lengthened.(1, 5)
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