HomeMy WebLinkAboutPH USE PERMIT 88-8 06-19-89PUBLIC HEARING
TO:
FROM:
SUBJECT:
¥1LLIAM A. HUSTOII, CITY MAIl. ER
COMMUIIITY DEYELOPMEIIT DEPARTNEIIT
APPEAL OF A.qEIIDMEIIT TO USE PERMIT 88-8
APPLICAIIT:
DOll CARTER D.D. S
14711 CHEgiIRE PLACE
TUSTIII, CALIFORNIA 92680
tIMIER:
COLCO PROSPECT L.P.
17320 RED HILL #190
IRVIIIE, CALIFORNIA 92714
LOCATIOII -.
17602 EAST SEVENTEEIITH STREET, SUITE 105
RECOielENDATION .
It is recommended that the City Council adopt Resolution No. 89-77 denying the
sub~e'ct appeal.
BACJLGROUN.D
Oa Ray 9, 1988, the Planning Commission adopted Resolution No. 2494, approving
Use Permit 88-8, authorizing the development of 30,155 square 'feet of commercial
retail space and a 30,885 square foot offtce butldlng on a 4.0 acre site located
on the south side of 17th Street, west of Prospect Avenue. Conditions No. 1.4
and 1.8 of Exhibit "A" to Resolution No. 2494 expressly prohibited medical and
dental uses and limited offlce 'use to a maximum of 50% of the total floor area
of the project.
The applicant has requested authorization to establish a dentist's office in a
1,000 square foot commercial tenant space wlthln the retail portion of the
shopping center. Since the proposed dentist's office Is a medical use, and the
office butlding portion of the'project*already takes up the maximum 50% floor.
area, aa amendment to the approved use permit would be required. At their
regular meetlng on May 8, 1989, the'Planning Commission adopted Resolution No.
2598 (attached) denying the requested amendment to Use Permit 88-8.
DISCUSSION
iii i
The primary reasons for Originally prohibiting medical uses and .limiting office
space for the project was the limited amount of parking provided, and the
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Ct ty Councll Report
Appeal, of Amendment to Use Permit 88-8
June t9, 1989
Page ,two
standard requirement tn commercial districts that offt Ce space be 1 lmited to 50~
of total floor area so as'to preserve revenue generating potential.
_ .
Park t ng
?qThe parking statistics for the project are as follows"
· 1 parking space per 200 square feet of retail use (for 31,369 square feet
A. Of floor area *)
· ! parking space per 250 square feet of office use (.for 30,885 square feet
of floor area)
· Total required parking - 281 spaces *
·. Total provided parking- 284 spaces .
i~,'o ~ Parking provided beyond requirement - 3 spaces *
(*' These figures differ from those provided to the Planning Commission as the
-' submftted site plan was found to be inconsistent with the approved working
drawings after researching Building Division files.)
. .
The additional three parking spaces beyond the minimum required were provided to
accommodate restaurants .or food operations, which were expected to occupy the
retai'l portion of the project (restaurant,-have a greater parking requirement
~haa stanaard retail uses at the rate o.f. one space for each three seats).
The original use permit specifically prohibited medical uses due to 'the high
probability and anticipation of restaurant tenants, and the fact that adequat&
parking to accommodate medical uses was simply not provided. To date,-the
· Community Development Department has received 2 proposals for restaurants in the
center (Wok Man and Lenny's Pizza and Pasta), and has learned of the intention
of "Ruby's" restaurant to locate in the subject center. Staff understands that
"Ruby's" would be a large restaurant tenant with a large seating capacity. Thi~
iS a use that would be desirable at this location, and is the type of use that
was 'intended for the retail portion of the project at its inception. The three
restaurants will require all of the 3 excess parking spaces, if not more. ~
.,Office_U~se Limi tation~
Use Permit 88-8 prohibited office use in the retail portion of the project based
on the commercial district standards.that limit office uses to a maximum of 50%
of the floor area of a project. This requirement is intended to preserve
opportunity for commercial uses that generate sales tax revenue for the City to
compensate for the services provided to these properties by the City. The
subject development presently contains 50~ of its total floor area within the
office building. The dentist's office proposed in the retail space would exceed
the 50% limit and reduce the opportunity for retail uses. The proposed medical
use within the project would also require one of the 3 excess parking spaces
Communit-y Development Department
City Counct 1 Report
Appeal of Amendment to Use Permit 88-8
June 19, 1989
· P~[ge three
noted above, whtch would reduce the potential for envisioned future ~estaurant
.tenants in the project. The cr.~terla for permitting offtce development wtthtn
commercial districts In excess of 50% of a projects floor area requtres-a
finding that the office use would .be more compatible with surrounding'land uses
than commercial (retail) uses on the subject property. This ftndtng Is
extremely difficult to make tn this case since the brlgtnal project
Intentionally separated office and retail uses. ·
Staff does not belteve that medtca3 offices would be compatible ~tth the
commercial/retail portton of the center, and suggests that the use wou3d.'be more
appropriate In 'the offtce portton of the project, tf it were to be aTlowed in
the center at a11. An alternative aVailable to the applicant would be' to look
for vacant space tn extstlng office developments' in the Ctty's Professional
Office (PR) District, such as along Irvtne Boulevard, Yorba and 17th Street
which are htghly vtstble and have a large number of existing office vacancies.
A dentist office in the PR zoae would be.-consistent with other office dses,
An addl'tional concern with an office use in a commercial/retail tenant space is
the slgn are~ requirement. The sign code permits a maximum sign area of only
slx square feet for an office use (for tenant Identification) whtle the
commerc'lal/retall uses' in the cent.er may have much larger Signs. This fact
ratses an issue of. destgn compatt biitty, a~-there would be a great' disparity of
scale between the applicant's sign and those of neighboring tenants.
CONCLUSION -
liased on the above analysis, staff :recommends that the City Council deny the
appeal of the Planning Commission's dealal of the:;'~Amendment to Use Permit 88-8
by adopting Resolution No. 89-77. In the event that the City Council Wt~shes to
a~thorlze medtcal office uses on the site; staff would strongly recomm~fld that
the use be placed in the appropriate 30,000 square, foot office portibn of the
'"~h~ E~I'C Haal&nd
~- Assistant Planner
,~c EH:CAS:ts:pef
. ·
.... Attachments:
Resolutlon No. 2494
Site Plan
Resolution No. 2598
Resolution No. 89-77
'Christine A. -Shl ~gleton/' ~"
Director of Community 0evelopment
Communi-ty Develop.merit Department
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RESOL. UTION NO. 2494
A RESOLUTION OF THE PLANNING COI~4ISSION OF THE CITY OF
' TUSTIN, APPROVING A DEVELOPHENT PLAN (USE PERIqIT 88-8}
FOR.A HIXED USE CENTER FOR OFFICE AND RETAIL USES ON A
SITE' IN PLANNED' COI~UNITY COP~4ERCIAL DISTRICT (PC-C)
FOR THE PROPERTY LOCATED ON THESOUTH SIDE OF
· SEVENTEENTH STREET 'BETIdEEN ENDERLE CENTER I~AY AND
- PROSPECT~ ~VENUE~ -:'-.;ta~,'- :~ - '
The 'Planning Com~stoo of~"tl~'~Clty of .Tusttn does hkreby resolve
__.
fo 11-ow s: u
'The Planntng commission ftnds:a_nd determines as follows:
'*
A... That a proper application, Use Permtt No. 88'~ has been 'ftled
-. behalf ef ColcoeLtd. 'r~esttng au~ortzatl~ for a develop~~ i
~. plan~for~La mtxed use co~rclal center wtth~reta11 and offlc~-
' uses~- to~ltng -~proxt~y 62'000 s~are fe~
~B A p~11~,~artng was d~y called, nottced:~n~,held on May
c, ?ha T
* fo~ ~tll not, unde~ ~he c~cums~nces of ~hls case,
de~~n~al: ~o. ~he heal,h, *safe~y, mo~ls, comfort, o~ 9ene~a~'.
welfare of ~he persons restdtn9 'o~ ~o~k~n9 ~n *~he neighborhood
. such' P~oposed use, as evidenced ~Y. ~he fol!~l,~q_f~ndlngs:
The us~ aP~l~ed'fo~ ~ tn confoPmnce Wt~h~the ~equ~e~n~'
of the Tustln General-Plan.
2. The use applied for Is In 'conformance w~Jth the requlrement~
of the Tusttn Zonlng Code
, ,_~.~ ~' : - ,:e ' ',~i'~' ' 19
3. The conSCioUs co~*~ned ~n Exhtbtt A. a~ttached to th~s
Re~olutton~re nece~a~ to avoid lnco~lble elements
~ :~;: Propos(~pro~e~and compliance wt~'~these condt:lonS'~
sh~11-~e: ~nteed:~r the 1lie of this ~se' Permit. 21~
4. The p~odec~ ha~ ~en designed to be atchftectur~11~
compatible with the area.
That t~stab~men:, ~lntenance, and 'o~tion of the use
applied ~Or wtl~.aot ~e injurious or detrtmen~), to the properS&
and t~eove~n:~'* In the neighborh~d of t~e ~ubject property,
nor to.the general welfare-of the City of Tu~ln, and should
granted.
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Resolution No. 2494
Page
E. -P'roposed development shall be In accordance wtth 'the de~el opment
poltctes adopted by the Clty Count11, Unlform Bulldtng Codes as
administered by the Butldlng Offlctal and State of California,.
Fire Code as administered by the Orange County Fire Marshal, and
street Improvement requirements as administered by the Ctty
" Engt neet.
Il
P: A negative declara'cton has been .filed in conformance'with the
Cal I fornt a Envl ronme'ntal Qual tty Act.
G. Ptnal development plans shall require, .the revtew and approval of
the Community Development Department.
II.
The Planntng Commission hereby approves Conditional Use Permtt No.
88-8 approving the development plan for a mixed use commercial center
on Parcel 2 on a map filed in Book 150, pages 44 and 45 of Parcel
Maps, the the office of the County Records of Orange County with the
'conditions contained in Exhibit A. att. ached hereto.
·
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PASSED AND ADOPTED at a regular meeting of. the Tusttn Planning Commission,
held on the ~7'~rf''' day of ~~./- ' , 1988.
. ~
KATHY WEIL~
Chai rman
PENNI FOLEY, ~--*
Secreta~ , ,
- :solution.2494
EXHIBIT A
· HAY 9. 1988
CO#DZTXONS OF APPROVAL FOR CONOX?XONAL US£ P£RHIT 88-8
·
~,! The proposed project shall substantially conform wtth the submitted stte
plan for the project date stamped Hay 9, :L988 on ftle wtth the Community
Development Department, as heretn modtfte, d, or as modtfted by the
Dlrector of Community Development Depar'tment tn accordance.with this
exhlbtt.
[.2 Unless othe~tse spectfte~, the conditions contained In thts exhtblt
shall 'be comp1 t ed Nt th pr1 or to the 1 ssuance of' a but ldt ng permit for the
project, subject to revtew and approval by the Community Development
Department. i
* [.3 Parktng for the proposed .commercial center shall be m~tntatned as
lo.lions:
(2)
· 1 parktng space per 200 square feet of 'retatl use.
· [parktng space per 250 square feet of office use.
· · ! parktn:g space per 3 seats for restaurant uses.
[.4 The uses authorized by the approval of'Use Permtt 88-8 are as follows:
a. 'Retatl Buildings: All uses allowed In the. C-[ and C-2 zone, except
professional off1 ces or merit L~-:I., lroeJeadt~nuses.
b, Office Building: All uses.-al PR zone excepting medtcal
re la ted uses. -
Any uses tn the C-i, C-g, and PR zones, requiring use permits sba13 be
conditionally permitted uses for this project.
1.5 Use permtt approval shall become null and void unless butldtng permtts
are tssued Ntthtn one year of the date on thts exhtbit.
SOURCE CODES_
([) STANDARD CO#DITZON
(2) ENYIROHMEHTAL MITIGATION
· 3} UNIFORH BUILOING COO£/S
,4) DESIGN REYI£W
m EZCEPTION .
(5) SPECIFIC PLAN
(6) RESPONSIBLE AGENCY REQUIREMENT
(7) LANDSCAPING GUIDELINES
(8) Pc/cc/ POLICY
htbtt A
Aesolutton Ho. 2494
P~ge
1.6 All outdoor seatlng as provtded on the landscaping plan s'ha11 be 11mtted
to a maxtmum of 30 seats. Thls seatlng shall be provtded for use in
common and not asstgned for exclusive use by any tenant in the center.
1.7 No alcoholic beverages shall be consumed tn the outdoor seating area
shown on the landscape plan.
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~i.8 Office uses shall not exceed $0% of total butldable floor area as shown
on the submitted development plan.
(1) 2.! All necessary Information shall be provided to the Butldlng Official as
required by the City of Tustln. All necessary grading, demolition and
construction permtts shall be obtained prior to construction.
(1) 2.2 Presentation of a sedimentation and erosion control, plan for all
construction work related to the subjeGt parcel Including a..method of
contro'l to prevent dust and windblown earth problems. Thtk plan shall be
revte~ed and approved prior to rough' gradtng of the site..
(1) 2.3 A qualtfted.paleontologtst/archea'l-Ogtst, is appropriate shall be present
during grading operations. If resources are found, work shall stop in
the affected area and all resources Shall be excavated or preserved as
deemed appropriate or as recommended by the paleontologist/archealogist
subject to review ~d approval by the Department of Public Works and
Community Development. All "finds" sh_all be reported immediately to the
Department of Community Development.
The paleontologtst/archealogist shall 'attend the pregrade construction
meeting to ensure that this condition and necessary procedures in the
event of a "find" are explained.
(!) 2.4 All earthwork shall be performed In accordance with the City of TUstln
Municipal Codes and grading requirements.
PLAN SUB~ITrAL
3.1 At building plan check, submit trtree sets of construction level plans as
fol lows:
A.
Construction pl:ans, structural calculations, and title 24 energy
calculations shall be submitted for all improvements. Requirements
£xhlbtt A
-~esolutlon Ho. 2494
age three
(3)
(3)
(3) .
(6) ~
(6) *
of the IJnlform Butldtng Codes, State Handicap and. Energy
Requirements shall be complled with as. approved by the Bulldlng
Official. Plans should reflect architectural detatls and elevations
for all structures, walls, enclosures and any other construction
level drawtngs necessary to accurately reflect all proposed '
construction.
B.
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Provtde preliminary technical detail and plans for all uttltty
Installations Including cable TV, ~elephone, gas,. water and
electricity. Additionally, a note on 'plans shall be Included
statlng that no fteld changes shall be made wlthout corrections
submitted to and approved by the Community Development Department.
Final gradlng and specifications consistent with the site plan and
landscaping plans and prepared by a registered civil englneer for
approval of the Community Development Department. '
A prectse sotls engineering report provided by a soils englneer
wtthtn the.previous twelve (:t2) months. ·
Information,. plans and/or specl'ficatlons to ensure sattsfacl~ton of
all Public Works Department requirements lncl'udlng but not 1trotted
to'.
Dedication of all requtred street ~and flood control
right-of-way, vehicular" access rights, sewer easements and
water easements defined and approached as to speclfic locatlon
by the Clty Engineer and other responsible agencies.
The construction of new on-site fire hydrants wtll require a
detector check within an easement per Clty Standard Ho. [29. ^
legal description and sketch of the easement areas along with a
copy .of the latest vesting for thts property shall be submitted
to the Engineering Dlviston for review and preparation of an
easement deed. Said deed must be executed by the property
owner prtor to any a. pprovals/permits from the £ngineerlng
Division.
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All necessary pe~mtts and approvals shall be granted by the
Orange' County Flood Control Dlstrlct prior to issuance of
building perm1 t.
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Note on plkns that a qualified paleontologist/archealogist, as
appropriate shall be present during rough grading operations. If
resources are found, work shall stop in the affected area and all
resources shall be excavated or preserved as deemed appropriate or
as recommended by. the paleontologist/archealologist subject to
review and approval by the Department of Public Works and Community
Exht bt't A '
Aesolutton No. 2494
~ge four
(6) G.
(6) H.
Development. All "ftnds" shall be reported Immediately to the
Dep&rtment of Community Development.
The paleontologtst/archealogJst shall attend ' the pr. egrade
construction meettng to. ensure that thts condition and necessary
procedures In the event of a "find" are explained.
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The applicant shall-comply wtth all requirements of the Orange
County Fire Marshall, Including requtred fire flow, Installation
where required of fire hydrants subject to approval as to locatlon
by the Fire Department, City of Tusttn Publtc Works Department,
Tustln Water Works and compliance with all requirements pertaining
to consti~lctlon. -'
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Prtor to tssuance of bulldtng permtts for combustible construction,
evtdence that adequate water supply and operational ftre hydrants
are available for fire protection shall be submitted and approved by
the Orange County Ftre Marshall. The applicant shall also submJt
water improvement plans for approval of the Fire Marshal.
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All required.Orange County Ftre.Oepartment signs shall-be' posted and
designed in accordance Wi-th the Orange County Fire Department
requirements.
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The access easement agreemeet~- factn~l Seventeenth Street shall be
abandoned pti or to. Issuance of but 1ding peril ts.
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NOISE
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(1) :4.1 All construction operations Including engine warm up'shall be subject to
(2) the provisions of the City of Tustln Noise Ordinance and shall take place
only during the hours of 7:00 a.m. until 6:00 p.m., Monday through Friday
unless the Building Official determines that said activity will be in
substantial conformance with the Noise Ordinance and the public health
and safety will not be impaired subject to application being made at the
time the permit for the work is awarded or during progress of 'the work.
FEES
(1) $.[ Prior to issuance of' any building permits, payment shall be made of all
(6) required fees including:
A. Major thoroughfare and bridge fees to Tustin Public Works
Department. .
,/?l~esolutt on No. 2494
-'~xhtbtt A
age flve
B.. Santtary se~er connection fee to Orange.County Sanitation Dls.trlct.
C. Gradlng plan checks and permtt fees to the Community Development
Department.
D. All applicable Butldtng plan check and permit fees to the Community
Development Department.
E. New development fees to the Community Development Department. "
F. School facilities fee to the Tusttn Unified School District. *i
ST'Il; AND BUILDING CONDITIONS
[ Ill[ Ill [
(1) 6.1 All Improvements, materials and colors shall remain as proposed on the
(4)- approved plans, date stamped May 9, 1988 any changes shall be subject to
review and approval of the Director of Community Development Department.
All exterior treatments must be coordinated wlth regard to color,
materials and detailing and noted on submitted constructlo'n plans and
elevations shall indicate all colors and materials to be used.
(1) 6.2 .Note on plans that a stx foot htgh chatn 11nked fence shp11 be tnsta;lled
around the stte prior to butldlng construction stages. Gated entrances
shall be permitted along the perimeter of the slte for construction
vehicles.
(1) 6.3 All rooftop mechanical or electric,.1 ftx~cures and equipment shall be
(4) ~ screened from vtew and tncorpora.~.ed tnto. overall design of buildings;.
All telephone and electrical box_es must be Indicated on the butldln:g
plans and shall be completely screened.
(1) 6.4 Submit detail for all on-site walls to be contructed by developer. Show
(4) type of wall cap and type of color, exterior materials and decorative
treatment of all exposed walls. Design of walls/fences shall be subject
to final approval of the Community Development Department and should be
consistent with m~ln building treatments.
(1) 6.5 Provide details on lighting scheme for project. Note final locations of
(3) all exterior lights and types of fixtures. Lighting fixtures shall be.of
(4) ornamental design and shall be located or designed so to direct rays of
light so they do not shine on adjacent properties.
(4) 6.6 Provide structural details, colors and materials for block trash
enclosure walls. The trash enclosures shall be architecturally treated
to match the buildings and shall have solid metal gates.
(1)-6.7 All roof drains shall be internal and not Visible on building
'~ ) elevations. All roof drains shall be designed so that run-off is
properly drained into concrete swales.
6.8 Note on.. plans that utilities serving site to be underground. Show all
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-'=.solution Ho. 2494
xhtbi t A
Page slx
&hove ground ~ocattons for meters, transformers m~ntfol-ds and.' detatls
for screening. 'Transformers shall not be .permitted wtthtn setback areas.
* 6.9 Xn access agreement shall be secured wlth the easterly property owners
prtor to removal of blocktng posts at the easterly drtve entrance.
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(4) 6.~0 Brtck veneer elements shall be added to Buildings A and C to avoid blank
.. bulldtng facades and to upgrade the appearance of the elevations. The
exact locatton and amount of detat1 to be added Is subject to revte~ and
approval of the Community Oevelopment Director.
'(4) 6.~! All awntngs shall be of matte canvas materia'l. No awntngs shall be
, underltt or illuminated In ~any fashton.
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(4) 6,:~2 All stgns shall be tn &ccordance wtth the slgn program provtded by the
, applicant with the exception that' the colors In the. proposed color
palette shall be llmtted to a total of 6 colors wtth the deletion Of
turquoise an.d pink and all 'accent trtm ts to be tn the same color wtth no
outlining In an alternate color, Any major modlftc~'tlons to this program
shall requtre Planning Commission approval,
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6,:~3 All freestanding stgns shall proVtde the name and address of the center,
Address numerals sh. a11 be prominently dtspl.'ayed and be a mtntmum of 6" in
height.
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6.14 Any on-site water well .site provided by the Tustln Water Works shal'~ be
subject to review and approval for review of site design and
architectural compatibility. All .site design and architectural
provisions are subject to review and approval of the Community
Development Department.
LANDSCAPING, GROUNDS AND HARD$CAPE ELEHENTS
(7) ~.1 At final plan, check a completely detailed landscape and irrigation plan
must be submitted for landscaping with whatever scale necessary .to depict
adequately what is occurring. Provide summary table applying indexing
identification to plant materials in their actual location. The plan and
table must list botantical and common names, sizes, spacing, actual
location and quality of the plant materials proposed. Show planting an.d
berming details, soil preparation, staking, etc. The irrigation plan
shall show location and control of backflow prevention devices, .pipe
size, sprinkler type, spacing and coverage. D~?ils for all equipment
must be provided. ' ~ · .
(7) .7.2 The submitted landscaping plans at plan 'check must 'reflect the following
requirement s:
a) Turf is unacceptable for grades over 25%. A combination of planting
materials must be used, ground cover on large areas alone is not
acceptable.
Resolutton Ho. ~494
-'xhtbtt A
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b)' Provtde a nUntmum of one ~.5. gallon .stze tree t~or. eve~ 3~).feet of
property'11ne on the property perimeter end flve-$ gallon shrubs. -
'C) Bermtng shall be provtded wherever possible.
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d) Provtde a mtntmum of ftve (S) 24" box trees tn northerly landscape
strtp along ~7th Street.
(7) 7.3 All newly planted trees shall be staked according to Ctty standards.
(7) 7.4 Shrubs shall be a mtnlmum of $ gallon stze end shall be spaced a mtnlmum
of 8 feet on center when Intended es screen planting.
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(7) 7.5 Ground cover shall be planted between 8 co 12 Inches on center.
(7) 7.6 ghen ! gallon plant stzes ere used the spacing may very according to
materials used.
(7) 7,7 Up along fences end or walls end equipment areas provide, landscaping
· screening with shrubs; end or vtnes end Crees on plan check drawings.
/). 7.8 All plant materials shall be tnst~11ed tn · healthy vtgorous condition
' typlcel co 'the' spect es. ·
(7) 7.g Landscaping must be maintained In 3-neat end healthy condition, this wtll
tnclude but-not be 11rotted Co 'trtmlng, mowing, weedlng, removal of
litter, fertilizing, regular watering, or replacement of disease or dead
plants.~
(7) 7.~0 In Irrigation areas controller to ,be enclosed in lockable housing.
Design irrigation systems to provide sufficient coverage as well as
avoiding water overspray on buildings and sidewalks. Note of this
requirement to be on plan check drawings. · .....
· 7.~! The existing camphor tree 'shall remain on the project site unless a
licensed arborlst determines the tree is diseased beyond repair subject
to review and approval of the Otrector of Community oevelopment. All
efforts shall be taken as feasibly possible to protect the tree during
construction and after the project is completed. If the tree is
determined to be dead or diseased beyond repair, a substantial tree of a
stmilar species shall be replaced. The size and species of this
replacement tree shall be reviewed and approved by the Director of
Community Oevelopment prior to removal of the tree.
7.~2 Indicate details, colors and materials for all paving and exterior
walkways. Provide entry driveway treatments to enhance entrances to
project utilizing colored tnterlocki.ng pavers. Brick treatments s~ould
also be integrated into exterior walkways.
RECEIVED
APR 0 ~ S89
TREEHAVEN
° yorb8 at._
OlplCt
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RESOLUTION NO. ~
A RESOLUTION OF THE PLANNING COMMISSION OF THE
-' CITY OF TUSTIN, DENYING AN AMENDMENT TO USE
PERMIT 88-8 REQUESTING TO AJ4END CONDITIONS 1.4
AND 1.8 OF EXHIBIT "A" TO RESOLUTION NO. 2494
TO AUTHORIZE THE ESTABLISHMENT OF A DENTIST'S
OFFICE WITHIN A REFAIL TENANT' SPACE IN A
COMMERCIAL CENTER
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The Planning Commission of the City of Tusttn does hereby resolve as
fol lows: ·
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I. The Planning Commission finds and determines as follows:
A. That a proper application, (Amendment to Use .Permit No. 8B-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 .
a. ppllcation on .May 8, 1989.
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C. That establishment, maintenance, and operation of the use
applied for could~ under the circumstances of this case, be
detrimental to the heLl-th, 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.
.
The use would cause the subject property to exceed the 50~
maximum office use allowed in the C-! zoning district.
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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 of.lice
use beyond the limit allowed in commercial zoning
districts ' when tt ls clearly not more compatible than
retat 1 uses.
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Re$olutt'on 1{o. 2598
Page t~o
II.
De
That the establishment, maintenance, and operation of the use
applted for could be Injurious or detrimental to the property
and tmprovemehts tn the neighborhood of the subject property,
and the general welfare of the Ctty of Tusttn, and should not be
granted.
The Planntng Commission hereby dentes the submitted amendment to Use
Permtt 88-8.
PASSED AND ADOPTED at a regular meeting of the Tusttn Planntng Commission,
held on the 8th day of May, ~.989.
-Penn1 Foley /rI
Se cre ta ry
lrman '
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RESOLUTION NO. 89-77
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, DENYING THE APPEAL OF AN AMENDMENT TO
USE PERMIT 88-8, REQUESTING TO AMEND CONDITIONS
1.4 AND 1.8 OF EXHIBIT "A" TO PLANNING
COMMISSION RESOLUTION NO. 2494, TO AUTHORIZE
THE ESTABLISHMENT OF A DENTIST'S OFFICE WITHIN
A RETAIL TENANT SPACE IN A COMMERCIAL CENTER
The City Council of the City of Tustin does hereby resolve as follows:
I. The City Council finds and determines as follows:
A. That a proper application, appealing the denial of an 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"
to Planning Commission 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
appeal on June 19, 1989.
C. That establishment, maintenance, and operation of the use
applied for could, under the circumstances of this case, be
detrimental to the he~l~.th, 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 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 and allowance of
medical/dental uses could preclude restaurant uses.
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The use would reduce the opportunity for the establishment
of a sales tax generating commercial use in 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
retai 1 uses.
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Resolution No. 89-77
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D. That the establishment, maintenance, and operatlon of the use
applted for could be Injurious or detrimental to the property
and Improvements In the neighborhood of the subject property,
and the general welfare of the Ctty of Tustln, and should not be
granted.
II. The City Council hereby denies the appeal of the amendment to Use
Permi t 88-8.
PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular
meeting on the~ day of , 1989.
Mary:Wynn,
City Clerk
Ursula E. Kennedy,
Mayor