HomeMy WebLinkAboutPC RES 3094 3
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RESOLUTION NO. 3094
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 92-032,
TO AUTHORIZE THE ESTABLISHMENT OF OFFICES IN THE
CENTRAL COMMERCIAL (C-2) DISTRICT WHICH EXCEEDS
FIFTY PERCENT (50%) OF THE TOTAL GROSS SQUARE
FOOTAGE OF THE DEVELOPMENT; AND VARIANCE 92-007, TO
AUTHORIZE THE REDUCTION IN THE REQUIRED AMOUNT OF
PARKING FROM 19 SPACES TO 15 SPACES LOCATED AT 181,
183 AND 185 EL CAMINO REAL, TUSTIN, CALIFORNIA.
The Planning Commission does hereby resolve as follows:
I. The Planning Commission finds and determines as follows:
ao
That a proper application, Conditional Use Permit
92-027, has been filed Mr. Tuillo Vigano on behalf
of Dr. Victor P. Valdez, Jr. D.M.D. requesting
authorization to establish professional offices
which exceeds fifty percent (50%) of the total
gross square footage of the development; and
authorization to reduce the required amount of
parking spaces from 19 space to 15 space located at
181, 18.3 and 185 E1 Camino Real.
Be
That a public hearing was duly called, noticed and
held on said application on September 28, 1992.
Ce
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:
·
The subject site is located approximately 730
feet (1/8 of a mile) from the main retail
areas of the "Old Town" downtown area.
Establishment of a commercial retail space at
this location has been difficult given the
location.
·
The patrons of office uses proposed on the
site (ie. dental office) may potential provide
economic support for the "Old Town" downtown
retail/ commercial merchants and restaurants.
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Resolution No. 3094
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De
Ee
Fo
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Permitting more than fifty percent (50%) of
the floor area on the site to be used for
office will not be reducing the opportunities
for establishment of future commercial retail
in that the a majority of the square footage
on site does not have a prime retail
commercial shop front.
·
A number of uses in the immediate vicinity to
the subject site are office uses. The
proposed office uses would be compatible with
the surrounding uses with regard to use and
business hours.
·
Additional 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 (RUDAT)
report "Vision of Old Town" strongly
identifies the subject site within a
transition area where it is recommended that
office and business service functions be
encouraged. These uses are the primary
activities in the area and would be activities
which could support a retail core in closer
proximity to the vicinity of the Main Street
and E1 Camino Real.
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.
Pursuant to Section 9233e(2), that the development
of a 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.
That the granting of the variance from Sections to
reduce the amount of required parking spaces for
the development from 19 spaces to 15 spaces, can be
supported by the following findings:
That any variance qranted shall be subject to
such conditions as will assure that the
adjustment thereby authorized shall not
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Resolution No. 3094
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constitute a grant of special privilege
inconsistent with the limitation upon other
properties in the vicinity and district in
which the subject property is situated. And;
a ·
The Variance would be consistent with
past actions and would not convey a
privilege which is not enjoyed by the
other property owners in the same zoning
district in that other types of office
uses are required to provide less parking
in the combined Parking Overlay District.
·
be
Due to the nature of the medical/dental
office use, parking spaces will be
utilized on a short term basis. The
estimated demand for parking is less than
what would be required on by the Code.
Based on the conditions of approval, any
potential parking problem will
mitigated in such a manner so that there
will be no impacts on surround~
properties within the Central Commercial
District.
C·
The Combined Parking Overlay Distri
regulations provide reduced parki
requirements for office an~
commercial/retail, however, there is
provided reduction for medical/denta
offices. The variance for this proj
would be consistent with the intent
the Combined Parking Overlay District an~
the American Institute of Architect~
Regional Urban Design Assistance
report "Vision of Old Town" whi
recommends that office and busines
service function be encouraged
Therefore, granting of the Variance woul
not constitute a special privilege a
will be consistent with the limitatior
of surrounding properties in
District.
That because of special circumstance
applicable to the property, includinq size
shape, topography, location or surroun~
the strict application of the Zoninq Ordinanc~
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Resolution No. 3094
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is found to deprive subject property. of
privileqes enjoyed by other properties in the
vicinity and under identical zone
classification.
a ·
The site is unusual in regards to the
proposed use in that based on the
proposed amount of treatment rooms and
the required health standards regarding
their use, the proposed dental office
would only generate a certain specific
demand for parking which could be
accommodated on the subject site.
b·
The configuration of the parcel and the
existing site improvements are such that
the construction of additional spaces is
impossible.
G ·
C ·
The layout of the existing development is
such that the parking lot is not openly
visible to the general public and is not
susceptible to general public traffic
thus further reducing the availability of
parking to the center's tenants and the
dental practice patients.
This project has been determined to be
Categorically Exempt (Class 3) pursuant to the
provisions of Section 15303 of the California
Environmental Quality Act (CEQA).
II. The Planning Commission hereby approves Conditional Use
Permit No. 92-032 authorizing the establishment of
offices which exceeds fifty percent (50%) of the total
gross square footage of the development; and Variance 92-
007 granting the reduction in the amount of required
parking spaces from 19 spaces to 15 spaces located at
181, 183 and 185 E1 Camino Real, subject to the
conditions contained in Exhibit A, attached hereto.
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Resolution No. 3094
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PASSED AND ADOPTED at a regular meeting of the Tustin Planning
Commission, held on the 28th day of September, 1992.
KATHLEEN ~IiAN~Y- ~
Recording Secretaryg
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. 3094 was duly
passed and adopted at a regular meeting of the Tustin Plannin¢
Commission, held on the 28th day of September, 1992.
KATHLEEN CLANCY
Record ing Secretary
EXHIBIT A
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT 92-032
AND VARIANCE 92-007
RESOLUTION NO. 3094
GENERAL
(1) 1.1 The proposed project shall substantially conform with the
submitted site plans for the project date stamped
September 28, 1992, on file with the Community
Development Department, as herein modified, or as
modified by the Director of Community Development
Department 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 Community Development
Department.
(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 applicants and property owners shall sign and return
an Agreement to Conditions Imposed form prior to the
issuance of any building permits.
(1) 1.5 Ail construction, ie. tenant improvements, shall be in
accordance with the 1991 Uniform Building Code,
applicable City Codes and the City's Security Code.
PLAN SUBMITTAL
(1) 2.1 At plan check submit three (3) sets of construction
plans. Requirements of the Uniform Building Code shall
be complied with as approved by the Building Official.
No field changes shall be made without corrections
submitted to and approved by the Community Development
Department.
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 - CUP 92-027 & VAR 92-007
Resolution 3094
Page 2
USE AND PARKING RESTRICTIONS
*** 3.1 The Owner shall cause to be prepared a comprehensive
parking demand study, at the request and discretion of
the Community Development Department or Public Works
Department, if it is determined that a parking problem
exists on the site. If said report indicates inadequate
on-site parking, the owner, at the discretion of the
City, shall provide additional mitigation to offset
parking impacts either by securing off-site parking, in
the form of a recorded reciprocal parking agreement, with
an adjacent property owner within 300 feet of the subject
parcel or other mitigation measures such as valet parking
subject to approval of the City.
*** 3.2 Condition Use Permit 92-032 authorizes a total of 3,421
square feet of office square footage on the subject
property. Suite 181 may also be lease to
commercial/retail uses at the property owners discretion.
Of the total authorized office space on the project no
more than a maximum of 2,346 square footage shall be
devoted to medical/dental offices. Any increase in this
amount of medical/dental square footage shall require a
modification to Conditional Use Permit 92-032 and
Variance 92-007.
*** 3.3 The proposed dental practice shall have a maximum of six
(6) treatment rooms. Any changes in the dental office
floor plan shall require review and approval by the
Director of the Community Development Department.
*** 3.4 The proposed dental practice shall have a maximum of four
(4) employees located on the subject site at one time.
*** 3.5 The parking spaces within the subject project shall not
be assigned nor designated in any manner.
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 permit, the
applicant shall pay all fees associated with this
Conditional Use Permit application.
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