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HomeMy WebLinkAboutPC RES 3364] RESOLUTION NO. 3364 10 11 12 13 14 ~ 15 16 17 18 20i. 21 22 23 24 25 26 27 28 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING 1) CONDITIONAL USE PERMIT 95- 012 2'0 PERMIT THE ESTABLISHMENT OF OUTDOOR SEATING AREAS AND 2) VARIANCE 95-006 TO REDUCE THE REQUIRED NUMBER OF PARKING SPACES FROM 16 SPACES TO 7 SPACES AT A PREVIOUSLY APPROVED C. OFFEE HOUSE LOCATED AT 180 EL CAMINO REAL. The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: a. That proper applications, Conditional Use Permit 95-012 and Variance 95-006 have been filed by Leonard and Kay 'Nettles to permit outdoor seating and to reduce the required number of parking spaces from 16 spaces to 7 spaces at a previously approved coffee house located at 180 E1 Camino Real. . That a public hearing was duly noticed, called and held by the Planning Commission on June 12, 1995. C . That establishment, maintenance, and operation of outdoor seating 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, evidenced by the following findings: 1) The establishment of an outdoor seating area will enhance the pedestrian environment of Old Town by providing seating and creating an atmosphere of activity and vitality. 3) The establishment of outdoor seating area helps to create and strengthen the pedestrian ambiance of E1 Camino Real which will enhance and preserve the character and charm of Old Town, one of the goals of the R/UDAT report. The proposal is 'consistent with specific guidelines established by the Planning Commission related to outdoor seating areas. ~) The design, color and materials of the tables and chairs are consistent with the style and character of the 'property. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 3364 Page 2 D . Ee That the establishment, maintenance, and operation of outdoor seating 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 for the reasons stated in Section C above. The Planning Commission has reviewed the subject request for a Variance to reduce the required number of parking spaces from 16 spaces to 7 spaces and has made the following findings: · Granting the Variance shall n6t constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and district in which the project is situated in that: 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. The Planning Commission has, in the past, granted variances for similar reductions of required parking spaces (variance 95-001, variance 93-008; variance 92-007; variance 89-13). bo Due to the nature of the coffee house use, parking spaces will be utilized on a short-term basis. Based on the Conditions of Approval, any parking problem arising in the future will be mitigated in such a manner as to have little effect on surrounding properties within the Central Commercial District. C · The Combining Parking District · regulations, which supersede those of the underlying C-2 District, require 1 parking space per every 3 seats for restaurant uses, but is silent on specific parking requirements for a coffee shop. A Variance for this project would be consistent with the intent of the Combining Parking District and the Cultural Resource District, which authorizes and encourages uses such as a coffee shop in the Old Town area. Therefore, granting of the Variance would not constitute a special privilege nor be 10 11 12 13 14 15 16 17 18 19 201' 21 22 23 25 26 27 P, esolut~on No. 3364 ?age 3 inconsistent with the limitations of surrounding properties in the District. . There are unusual or exceptional circumstances applicable to the property, including size, shape, topography, location or surroundings which deprive the subject property of privileges enjoyed by other properties in the area in that: a · The configuration of the parcel is such that the construction of .additional spaces, beyond those proposed, is not feasible. The structure was originally built for residential purposes in 1913. Since one of the goals of the Cultural Resource District is to preserve and enhance the historic character of the area, in order to convert this structure to any commercial use (consistent with the zoning district), additional parking in excess of that provided on site will be required. be 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. Further, in traditional downtown areas such as Old Town, on-street parking is very common, if not expected by business patrons. C o The nature and operation of a coffee shop typically provides a service to neighboring residents and business patrons, who would typically walk to this type of establishment for a short break. This type of use and the reduced amount of parking actually encourages patrons to walk to the business, thereby strengthening the commercial village atmosphere of Old Town. It has been determined that this project is a minor alteration to an existing facility and is, therefore, Categorically Exempt (Class 1) from the California Environmental Quality Act. ---- 5 10 11 12 13 14 15 16 17 19 2O 21 22 23 24 25 26 27 28 Resolution No. 3364 Page 4 II. The Planning Commission hereby approves Conditional Use Permit 95-012 and Variance 95-006 to permit the establishment of outdoor seating areas and reduce the required number of parking spaces from 16 spaces to 7 spaces at a coffee house located at 180 E1 Camino Real,- Tustin, subject to the conditions contained in Exhibit A, attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 12th day of June, 1995. Chairper:~oER'~ / BARBARA REYES J Secretary. STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, BARBARA REYES the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3364 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 12th day of June, 1995. · BARBARA REYES Recording Secretary EXHIBIT A CONDITIONAL USE PERMIT 95-012 AND VARIANCE 95-006 CONDITIONS OF APPROVAL RESOLUTION NO. 3364 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped June 12, 1995 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. The Director of Community Development may also approve subsequent minor modifications to plans during plan check if such modifications are to be consistent with provisions of the Tustin City Code. (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with prior to the establishment of the use, subject to review and approval by the Community Development Department. (1) 1.3 Conditional Use Permit and Variance approval shall become null and void unless the use is established within twelve (12) months of the date of this Exhibit. Time extensions may be granted by the Planning Commission if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.4 Approval of Conditional Use Permit 95-012 and Variance 95- 006 is contingent upon the applicant/property owner signing and returning an "Agreement to Conditions Imposed" form as established by the Director of Community Development. (1) 1.5 The applicant shall hold and defend the City of Tustin harmless ~or all claims and liabilities arisin~ out of City's approval of the entitlement process for this project. SITE PLAK *** 2.1 Variance 95-006 authorizes reduced parking for a coffee shop with a total of 48 seats located inside the building as well as outside on the deck and patio areas. Any modifications to the building which increases the number of seats, changes the use of the site, or adds other uses, which require more parking shall require a modification of Variance 95-006. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQ. (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Exhibit A, Conditions of Approval Resolution No. 3364 Page 2 2.2 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. USE RESTRICTIONS (3) 3.1 The applicant shall maintain a minimum 44" clearance between tables and chairs, free and clear of furniture, for handicapped accessibility. Specific details of the tables and chairs shall be consistent with the concept plans and approved by the Planning Commission prior to installation. (8) 3.2 The outdoor seating area shall contain trash receptacles for use by the public or employees with details of such receptacles to be approved by the Community Development Department. (8) 3.3 The outdoor seating area shall be cleaned on a continual, daily basis for removal of litter and food items which constitute a public nuisance. (1) 3.4 No alcoholic beverages shall be consumed in the outdoor seating area unless a Conditional Use Permit for the consumption of alcoholic beverages is obtained. A fence or structure enclosing the out~oor ea~ing area would be required to comply with the Department of Alcoholic Beverage Control standards in the event that a Conditional Use Permit for consumption of alcoholic beverages is requested. (S) 3.5 Any sign materials placed in the outdoor seating area shall be in conformance with the Sign Code. All necessary permits shall be obtained for any such signs. (4) 3.6 Opaque materials shall not cover more than 25 percent of the aggregate area of all windows and doors on the building. (4) 3.7 To prevent loitering, no exterior public phones are to be allowed on the subject site. (8) 3.8 The use of outdoor speakers within the outdoor seating area is prohibited. Exhibit A, Conditions o~i Ap[~roval Resolution No. 3364 Page 3 (8) 3.9 Lighting shall be provided to illuminate the outdoor seating area as required by the Tustin Security Code. Details of such lighting shall be approved by the Community Development Department. (4) 3.10 Any umbrellas utilized in the outdoor seating area shall be reviewed and approved by the Community Development Department. No copy of any kind shall be visible on the umbrellas. PLAN SUBMITTAL (1) 4.1 The applicant shall submit any construction plans, and structural calculation information as needed for the improvements. Requirements of the Uniform Building Codes, and State Handicap Code Requirements shall be complied with as approved by the Building Official. Additionally, a note on plans shall be included stating that no field changes shall be made without corrections submitted to and approved by the Building Official. FEES (1) 5.1 Payment of, but not limited to, building plan check and permit fees to the Community Development Department shall be made prior to issuance of any building permits in accordance with the Tustin City Code. Payment shall be made based upon those rates in effect at the time of permit issuance and are subject to change.