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5 - CUP 2018-09; CUP 2018-20; VAR 2018-11_2301 N TUSTIN
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5 - CUP 2018-09; CUP 2018-20; VAR 2018-11_2301 N TUSTIN
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Resolution No. 2018-xx <br /> Page 2 of 7 <br />eliminating three (3) existing driveways to the site and <br />replacing them with curb and sidewalks constructed to City <br />standards and allowing the site to be developed with a less <br />intense commercial use. <br />2. That the granting of a variance is necessary for the preservation <br />and enjoyment of one (1) or more substantial property rights. <br />Granting this variance is necessary for the preservation and <br />enjoyment of substantial property rights. Vehicular access is <br />required for the viability of any commercial business. In <br />addition, the proposed tenant Starbucks is requesting a <br />driveway along Tustin Avenue to provide direct access for <br />customers traveling north. Tustin Avenue is a north-south <br />arterial street with access to the State Route 22 highway and <br />provides local access to east-west arterials. Providing <br />vehicular access from both Tustin and Santa Clara Avenues <br />will increase opportunities for sales. <br />3. That the granting of a variance will not be materially detrimental to <br />the public welfare or injurious to surrounding property. <br />Granting this variance will not be detrimental to the public or <br />surrounding properties. The Public Works Agency reviewed <br />the proposed plans and did not identify concerns regarding <br />the location of the driveway. The design of the driveways, <br />drive aisles and parking areas are safe and practical. <br />Additionally, the property owner to the north did not want <br />vehicles from the subject property on their site, so the <br />driveway will provide customers with direct access to the <br />subject site. <br />4. That the granting of a variance will not adversely affect the General <br />Plan of the city. <br />The variance for vehicle access will not adversely affect the <br />General Plan. The project is located in a General Commercial <br />(GC) General Plan land use designation which allows for <br />commercial uses such as retail, service and eating <br />establishment uses. The project is consistent with several <br />goals and policies of the General Plan, including the Economic <br />Development Element, Land Use Element, and Urban Design <br />Element. Land Use Element Goal 1 promotes a balance of <br />land uses to address basic community needs. Policy 1.10, <br />encourages the location of commercial centers at arterial <br />roadway intersections in commercial districts. The project will <br />provide for a new commercial building on two arterial streets. <br />Land Use Element Goal 2 promotes land uses that enhance <br />the City’s economic and fiscal viability. Policy 2.8, promotes <br />rehabilitation of commercial properties, and encourages <br />5-28
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