HomeMy WebLinkAboutPC RES 31912'
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RESOLUTION NO. 3191
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 93-029,
TO AUTHORIZE THE ESTABLISHMENT OF OFFICES IN THE
CENTRAL COMMERCIAL (C-2) DISTRICT WHICH EXCEED
FIFTY PERCENT (50$) OF THE TOTAL GROSS SQUARE
FOOTAGE OF AN EXISTING BUILDING, AND VARIANCE 92-
007, TO AUTHORIZE THE REDUCTION IN THE REQUIRED
AMOUNT OF PARKING FROM 12 SPACES TO 6 SPACES FOR
THE PROPERTY LOCATED AT 190 EL CAMINO REAL, TUSTIN,
CALIFORNIA.
The Planning Commission does hereby resolve as follows:
I. The Planning Commission finds and determines as follows:
A. That proper applications, Conditional Use Permit
93-029, requesting authorization to establish
professional offices which exceed fifty percent
(50$) of the total gross square footage of an
existing building, and Variance 93-008, to allow a
reduction in the number of required parking spaces
from twelve (12) spaces to six (6) spaces, have
been filed by Dr. William Stanford for the property
located at 190 E1 Camino Real.
B. That a public hearing was duly called, noticed and
held on said applications on September 13, 1993 by
the Planning Commission.
C. That 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
neighborhood of such proposed use, and will not be
a detriment to the property and improvements in the
neighborhood of the subject property and to the
general welfare of the City of Tustin as evidenced
by the following findings:
1. The site is located approximately 730 feet
(1/8 of a mile) from the main retail area of
the Old Town Tustin. The continued operation
of a commercial retail space at this location
has been difficult given the lack of
pedestrian traffic and the current economy.
2. The patrons of office uses proposed on the
site (ie. optometry patients) may potential
provide economic support for Old Town retail/
commercial merchants and restaurants.
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Resolution No. 3191
Page 2
3. Permitting more than fifty percent (50$) of
the floor area on the site to be used for
offices will not eliminate the opportunity to
re-establish retail uses i the building at
some future date. The building, and especially
the street-front lease space, could revert to
commercial use if warranted by market demand.
4 . The proposed office uses would be compatible
with existing businesses in tY~e vicinity with
regard to land use and general business hours.
A number of buildings in the vicinity contain
office uses.
5. An economic analysis and review of land use'
patterns in Old town, completed as part of the,
American Institute of Architects'
Regional/Urban Design Assistance Team (R/UDAT)
report, "Visions of Old Town", strongly
identifies the site as being within a
transition area. The report recommends that
office and business/service uses be encouraged
in the vicinity as such activities would help
support the retail core of Old Town.
D. That the establishment, maintenance and operation
of the use applied for will not be injurious or
detrimental to the property and improvements in the
neighborhood of the subject property, nor to the
general welfare of the City of Tustin, as evidenced
by the findings stated above.
E. That the development of professional offices on the
subject property would be more compatible with the
surrounding uses in the area than permitted retail
commercial uses, as evidenced by the findings
stated above, pursuant to Section 9233e(2) of the
Tustin Zoning Code.
F. That the granting of a Variance from Sections
9232c(2)(f) and 9251b(3) of the Tustin Zoning Code
to allow a reduction in the number of required
parking spaces for the proposal from twelve (12)
spaces to six (6) spaces, can be supported by the
following findings:
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Resolution No. 3191
Page 3
1. Any variance granted shall be subiect to such
conditions as will assure that the adjustment
thereby authorized shall not constitute a
Qrant of special privilege inconsistent with
the limitation upon other properties in the
vicinity and district in which the subiect
property is situated.
a. The Variance would be consistent with
past actions of the Planning Commission
and would not convey a privilege which is
not enjoyed by the other property owners
in the same zoning district. Variances,
similar to the proposal, have been
granted for other properties in the
vicinity of the site.
b. Due to the nature of the medical/dental
professional and general office uses,,
parking spaces will be utilized on a'
short-term basis. Conditions of approval
will ensure that any parking problem'
arising in the future will be mitigated)
in such a manner so that there will be nog
impacts on surrounding properties within
the Central Commercial District.
c. The Combining Parking District
regulations provide reduced parking
requirements for general office uses;
however, there is no reduction provided
for medical/dental professional offices.,
A Variance for this proposal would be
consistent with the intent of the
Combining Parking District and the
American Institute of Architects'
Regional/Urban Design Assistance Team
report, "Visions of Old Town", which
recommends that office and business/
service uses be encouraged in the
vicinity of the site. Therefore,
granting of the Variance would not
constitute a special privilege or be
inconsistent with the limitations of
surrounding properties in the District.
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Resolution No.
Page 4
2.
G. This
Categ
provi
Envir
II. The Planni
Permit 93-
which excE
square f oo~
008 allow:
parking sF
property 1
conditions
3191
Because of special circumstances applicable to
the property, including size. shape
topoaraphv, location or surroundings the
strict application of the Zoning Ordinance is
found to deprive subject property of
privileges enioyed by other properties in the
vicinity and under identical zone
classification.
a. The configuration of the, parcel is such
that the construction of additional
spaces, beyond those proposed, is
impossible. Further, the proposed
offices uses do not require any more
parking than would the existing retail
use under the current code requirements.
b. In the vicinity of the site, on-street
parking is available to supplement the
proposed on-site parking. While such
parking cannot count as required parking,
it will nevertheless serve as overflow
parking for the site.
c. The layout of the existing development is
such that the parking lot is not highly
visible to the general public traveling
on E1 Camino Real, and therefore, is not
susceptible to use by those not
conducting business on the site
project has been determined to be
~rically Exempt (Class 3) pursuant to the
lions of Section 15303 of the California
~nmental Quality Act (CEQA).
ag Commission hereby approves Conditional Use
029 authorizing the establishment of offices
ed fifty percent (50$) of the total gross
:age of an existing building; and Variance 93-
.ng a reduction in the number of required
aces from 12 spaces to 6 spaces, for the
~cated at 190 E1 Camino Real, subject to the
contained in Exhibit A, attached hereto.
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Resolution No. 3191
Page 5
PASSED AND ADOPTED at a regular meeting of the Tustin Planning
Commission, held on the 13th day of September, 1993.
MARJ I SA
Chairpe on
KATHLEEN CLAN
Recording Secretary
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, KATHLEEN CLANCY, the undersigned, hereby certify that I am
the Recording Secretary of the Planning Commission of the City
of Tustin, California; that Resolution No. 3191 was duly
passed and adopted at a regular meeting of the Tustin Planning
Commission, held on the 13th day of September, 1993.
KATHLEEN CLANCY
Recording Secretary
E%HIBIT A
CONDITIONS OF APPROVAL
CONDITIONAL IISE PERMIT 93-029
AND VARIANCE 93-008
RESOLDTION NO. 3191
GENERAL
(i) 1.1 The proposed project shall substantially conform with the
site plan submitted for the proposal date-stamped
September 13, 1993, on file with the Community
Development Department, as herein modified, or as
modified by the Director of Community Development in
accordance with this exhibit.
(1) 1.2 Unless otherwise specified, all conditions contained in
this exhibit shall be complied with prior to the issuance
of any building permits for the project, subject to
review and approval by the Director of Community
Development.
(1) 1.3 Conditional Use Permit and Variance approval shall be
null and void unless necessary building permits are
issued within twelve (12) months of the date on this
exhibit.
(1) 1.4 The applicant and property owner shall sign and return an
Agreement to Conditions Imposed form prior to the
issuance of any building permits.
(1) 1.5 All construction, ie. tenant improvements, shall be in
accordance with the 1991 Uniform Building Code,
applicable City Codes and the City's Security Code.
(i) 1.6 The applicant shall hold harmless and defend the City of
Tustin from all claims and liabilities arising out of the
City's approval of the entitlement process for this
project.
SOURCE CODES
(1) STANDARD CONDITION (4) RESPONSIBLE AGENCY REQUIREMENT
(2) UNIFORM BUILDING CODE/S (5) LANDSCAPING GUIDELINES
(3) DESIGN REVIEW (6) PC/CC POLICY
*** EXCEPTION (7) TUSTIN CITY CODE
Exhibit A
Conditions of Approval
Conditional Use Permit 93-029
Variance 93-008
Resolution 3191
Page 2
PLAN SUBMITTAL
(1) 2.1 At plan check submit three
plans. Requirements of the L'
be complied with as approved
No field changes shall be
submitted to and approved by
Department.
(3) sets of construction
niform Building Code shall
by the Building Official .
made without corrections
the Community Development
(5) 2.2 Construction drawings submitted for plan check shall
contain complete landscape plans including planting and
irrigation, in accordance with City of Tustin Landscape
Guidelines.
(2) 2.3 All improvements for handicapped access, such as ramps,
shall comply with Title 24, Part 2 of the California Code
of Regulations.
USE AND PARKING RESTRICTIONS
*** 3.1 If after due study and deliberation by the Director of
Community Development, Director of Public Works, or the
Planning Commission, it is determined that a parking
problem exists on the site, the property owner shall
prepare a comprehensive parking demand study. If the
study indicates that existing on-site parking is not
adequate, the owner shall obtain additional off-site
parking through a recorded reciprocal parking agreement
with the owners of a property or properties within 300
feet of the subject parcel, or other mitigation measures,
such as valet parking, subject to approval of the City.
*** 3.2 Conditional Use Permit 93-029 authorizes a total building
area of 2,450-square feet to be used for general offices.
A maximum of 1,300-square feet may be occupied by
medical/dental professional offices. Any changes to the
building which increase the square footages of the uses
shall require a modification of Conditional Use Permit
93-029 and Variance 93-008.
*** 3.3 The medical/dental professional office use shall have a
maximum of three (3) employees, including doctors, on
the site at any time.
Exhibit A
Conditions of Approval
Conditional Use Permit 93-029
Variance 93-008
Resolution 3191
Page 3
*** 3.4 On-site parking spaces shall not be assigned or
designated in any manner.
*** 3.5 If the existing security alarm system is retained on the
premises, the applicant shall apply to the Tustin Police
Department for a transfer of the Alarm Permit.
*** 3.6 Any drugs kept on the premises shall be stored in a
locked cabinet or safe.
FEES
(1) 4.1 Payment of all building plan check and permit fees shall
be made prior to issuance of any building permits, in
accordance with the Tustin City Code.
*** 4.2 Prior to the issuance of any building permits, the
applicant shall pay all fees associated with the
connection of the building to the sanitary sewer,
including payment of Orange County Sanitation District
No. 7 sewer connection fees.
pcresos\3191.pr