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HomeMy WebLinkAboutPC RES 2598 1 3 4 8 9 11 12 13 14 15 lf; 17 18 19 21 22 2~ 24 25 26 27 28 RESOLUTION NO. 2598 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, DENYING AN AMENDMENT TO USE PERMIT 88-8 REQUESTING TO AMEND CONDITIONS 1.4 AND 1.8 OF EXHIBIT "A" TO RESOLUTION NO. 2494 TO AUTHORIZE THE ESTABLISHMENT OF A DENTIST'S OFFICE WITHIN A RETAIL TENANT SPACE IN A COMMERCIAL CENTER The Plannin.c Commission of the City of Tustin does hereby resolve as fol 1 ows' I. The Planning Commission finds and determines as follows- A. That a proper application, (Amendment to Use Permit No. 88-8) has been filed on behalf of Don Carter D.D.S. requesting to amend Conditions 1.4 and 1.8 of Exhibit "A" of Resolution No. 2494, to authorize the establishment of a dentist's office within a retail tenant space in a commercial center located at 17602 E. Seventeenth Street, Suite 105. B. That a public hearing was duly called, noticed and held on said application on May 8, 1989. C. That establishment, maintenance, and operation of the use applied for could, 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, evidenced by the following findings: 1. Use Permit 88-8 prohibits said use as stated in conditions 1.4 and 1.8 of Resolution 2494, Exhibit A. 2. The use would cause the subject property to exceed the 50% maximum office use allowed in the C-1 zoning district. 3. The proposed office use would not be more compatible with surrounding uses in that surrounding tenants will be retail in nature, as is found in adjacent commercial centers. 4. The amount of provided parking on the subject property does not permit medical/dental uses (allowance of medical/dental uses could preclude restaurant uses). 5. The use would reduce the opportunity for the establishment of a sales tax generating commercial use that is intended for the subject tenant space. 6. Approving the use would set a precedent for allowing office use beyond the limit allowed in commercial zoning districts when it is clearly not more compatible than retail uses. 1 2 3 4 5 6 8 9 10 11 12 13 14 15 17 21 23 24 26 27 Resolution No. 2598 Page two II. De That the establishment, maintenance, and operation of the use applied for could be injurious or detrimental to the property and improvements in the neighborhood of the subject property, and the general welfare of the City of Tustin, and should not be granted. The Planning Commission hereby denies the submitted amendment to Use Permit 88-8. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 8th day of May, 1989. Penni Foley Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) !, PENNI FOLEY, the undersigned, hereby certify that I am the Recording Secretary of the_Pl.aj~,~ng Commission of the City of Tustin, California; that Resolution No. was y passed ao~d~dopted at a regular meeting of dUld on the ~xr~-- day of ~ the~ustin Planning Commission, hel . 198~.. PENNI FOLEY Recording Secretary