Loading...
HomeMy WebLinkAboutPC RES 3194A 2 3 4 5 6 7 8 10 11 12 14 15 16 17 18 ~9 20 21 22 27 28 RESOLUTION NO. 3194A A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING VARIANCE 93-010, A REQUEST TO REDUCE THE PARKING REQUIREMENT FROM 10 SPACES TO SIX SPACES TO ACCOMMODATE A 30 SEAT RESTAURANT ON THE PROPERTY LOCATED AT 13682 NEWPORT AVENUE. The Planning Commission of the City of Tustin does hereby resolve as follows: I · The Planning Commission finds and determines as follows: A· That a proper application, Variance 93-010, has been filed by Gary McGill requesting authorization to reduce the parkin~ requirement from 10 spaces to six spaces to accommodate a 30 seat restaurant on the property located at 13682 Newport Avenue. B · A public hearing was duly called, noticed and held on September 27, 1993, and continued to the October 25, 1993 meeting by the Planning Commission. C· Granting the variance would not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and district which the subject property is situated, in that the parking lot at 13682 Newport Avenue accommodates the demands of the nursery school that is located in the second tenant space at 13682 Newport Avenue and would accommodate the needs of the proposed restaurant. According to the applicant, peak periods for the proposed restaurant would be during the mid-morning, at lunch time, and after 6:00 p.m. Peak periods for the nursery school are in the morning before 9:00.a.m. when the nursery school's morning program begins. To mitigate potential conflict caused by lack of parking, the applicant is required to provide employee parking spaces off-site. It is also possible that joint use of the parking lot would occur as parents drop-off children at the nursery school, then patronize the proposed restaurant. 6 7 8 9 10 11 ~3 14 15 17 20 22 23 25 27 28 Resolution No. 3194A Page 2 Customers patronizing the proposed bagel restaurant during the early morning hours when parents are dropping-off children .at the nursery school would most likely be 6rdering food for take-out purposes, so use of the parking spaces would be quick. Further, as the proposed restaurant is in the vicinity of numerous office and commercial complexes, as well as surrounding residential area, many customers may walk to the site. D . There are unusual and 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 vicinity, in that a portion of the open area on the subject site is used for a playground for the nursery school housed in the second tenant space of the subject site. The nursery school provides a public benefit, and as such, is a Special circumstance applicable to the property. As the size of the playground is dictated by state law, all the open space on the subject site is not available for parking. As the nursery school entrance is located on Andrews Street and the parking lot for the site is only accessible to employees and customers of the nursery school by walking around the subject building, the parking lot is seldom used by nursery school related users. Therefore, the seven parking spaces allocated to the nursery school are seldom used and would provide adequate overflow parking for the proposed restaurant. II. The Planning Commission hereby approves Variance 93-010, a request for a variance to reduce the required parking from 10 spaces to six spaces to accommodate a 30 seat restaurant on the property located at 13682 Newport Avenue, subject to the conditions contained in Exhibit A, attached hereto. The approval of this variance is made for the facts and evidence presented on this particular application and shall not constitute a precedent for purposes of consideration. Any future variance requests in the vicinity are under the same zoning category. 6 7 8 9 10 11 1:2 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Resolution No. 3194A Page 3 PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 25th day of October, 1993. '~THLEEN CLA~C-f~ ,~ Secretary ~/ Chairp~son 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. 3194 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 25th day of October, 1993. KA~HLEEN CLANCY ~/ Recording Secretary ~ ExwIBIT A CONDITIONS OF APPROVAL VARIANCE 93-010 RESOLUTION NO. 3194 GENERAL (1) 1.1 The proposed project shall substantially conform with the site plan submitted for the proposal date-stamped October 25, 1993, on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development in accordance with this exhibit. The Community Development Department Director may make minor modifications to the plan if such modifications are consistent with applicable Code provisions. (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 Director of Community Development. (1) 1.3 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 applicant and property owner shall sign and return an Agreement to Conditions Imposed form prior to the issuance of any building permits. (1) 1.5 Ail construction and tenant improvements shall be in accordance with the 1991 Uniform Building Code, applicable City Codes and the City's Security Code. (1) 1.6 The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of the City's approval of the entitlement process for this project. *** 1.7 Approval of Variance 93-010 is contingent upon Redevelopment Agency approval of Design Review 93-019. 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 Resolution No. 3194A Page 2 USE AND PARKING RESTRICTIONS (4) 2.1 Ail employees of the restaurant at 13682 Newport Avenue shall be required to park in an off-site parking lot. The applicant shall be required to enter into a reciprocal off-site parking agreement with an off-site property owner who has excess parking spaces on a property located within a 300 foot radius of the subject site, as determined by the Community Development Department, for a minimum of four (4) parking spaces required above and beyond those provided on-site, subject to the review and approval of the Community Development Department. Such parking agreement shall be reviewed and approved by the Community Development Department and City Attorney, and recorded on the property prior to issuance of any building permits. *** 2.2 If within twelve months of the approval of this project and/or 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 within 90 days. 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 but not limited to valet parking, subject to approval of the City. (4) 2.3 The applicant shall post a sign consistent with the City's Sign Code on the property located at 13732 Newport Avenue stating "Parking For Office Building Tenants Or Visitors Only", subject to the review and approval of the Community Development Department and the property owner of 13732 Newport Avenue. (4) 2.4 No alcoholic beverages shall be sold on the restaurant premises. (4) 2.5 No outdoor seating shall be permitted. (4) 2.6 No live entertainment shall be permitted. PLANNING DIVISION (1) 3.1 The proposed awning shall not project into the public right-of-way. Exhibit A - Conditions of Approval Resolution No. 3194A Page 3 (4) 3.2 Awnings shall not be backlit. (5) 3.3 A landscape planter shall be provided in the parking lot between the first parking spaces and the property line. One 15 gallon tree shall be provided for each 5 parking spaces within the parking lot, and five 5 gallon shrubs shall be provided per 25 lineal feet of planter area. The parking area shall be buffered with a 30 inch high minimum buffer. This buffer may be achieved with a shrub screen, a berm or a combination of these two elements. (4) 3.4 Provide a conceptual exterior lighting plan, details of proposed fixtures and intensity of light. Note locations on site plan and building elevations. (7) 3.5 One foot candle of light in the parking area is required in conformance with the City's Security Ordinance. All light rays shall be confined to the property and shall not produce glare for street traffic or adjacent neighbors. New fixtures on building shall be of a decorative design and shall be approved by the Director of Community Development. (4) 3.6 Exterior elevations of the building shall indicate any equipment to be located on the roof, equipment height and type of screening. All such equipment shall be screened. Screen must be of solid construction with no openings. Color of screen shall also be indicated. All parapets shall be at least six inches above rooftop equipment for the purpose of screening, or alternative screening shall be provided, subject to the approval of the Director of the Community Development Department. Provide a rooftop plan identifying roof-mounted equipment, heights of such equipment, heights of parapets and section details, if necessary to illustrate such conformance. (4) 3.7 No exterior downspouts shall be permitted on the facade of the building which are visible from adjacent streets or residential or commercial areas. (4) 3.8 Provide exact details of window types and treatments. (4) 3.9 Provide details for exterior doors. (4) 3.10 Provide fully dimensioned elevations with notes indicating all material finishes, color and details. All exterior colors to be used shall be subject to the review and approval of the Director of Community Development. All exterior treatments must be coordinated in regard to color, materials and detailing and noted on submitted Exhibit A - Conditions of Approval Resolution No. 3194A Page 4 construction plans. Elevations shall indicate all colors and materials to be used. (4) 3.11 Note on plans that no outdoor storage is permitted except as approved by the Community Development Department Director. (6) 3.12 Ail existing overhead utilities exclusively serving the site shall be undergrounded. (5) 3.13 Provide landscaping and irrigation plans with lists of plant names (common and botanical), size, quantities, locations, irrigation material and layout, location of backflow preventors and automatic timers. One 24 inch box tree per 30 lineal feet of street frontage and six 5 gallon shrubs per 25 lineal feet of street frontage shall be provided in the landscape planters. (4) 3.14 The trash enclosure shall be modified to meet the City's current require]~ents. Elevations and details for a new trash enclosure shall be provided. Solid metal, self closing, self latching gates shall be provided. Said enclosure shall be screened by a decorative wall of a minimum height of six feet, and if required, a dense type of landscaping. The actual location of said enclosure and types of screening shall be subject to the approval of the Community Development Department Director. (7) 3.15 The monument sign shall be located in a landscape planter, and shall be restricted to a maximum of 32 square feet in area. The existing brick posts of the sign shall be modified with stucco and painted to match the proposed modifications to the exterior of the building with final design subject to approval of the Director of the Community Development Department. The materials, finishes and colors of the face of the monument sign shall be consistent with all other signs for the proposed restaurant. All other signs are subject to separate permits. FIRE DEPARTMENT (4) 4.1 The following notes shall be provided on the site plan: ae Fire Department final inspection required. Schedule inspection two days in advance. Telephone (714) 832-1011. B · Locations and classification of extinguishers to be determined by fire inspector. Exhibit A - Conditions of Approval Resolution No. 3194A Page 5 C, Storage, dispensing or use of any flammable and combustible liquids, flammable and compressed gasses and other hazardous materials shall comply with Uniform Fire Code Regulations. De Building(s) not approved for high piled combustible storage. Materials in closely packed piles shall not exceed 5 feet in height, 12 feet on pallets or in racks and 6 feet for tires, plastics and some flammable liquids if high stock piling, comply with UFC, Art. 81 and NFPA Std. 231, 231C and 231D. E. Plans of modification to or new fire protection, detector or alarm system(s) shall be approved by the Fire Department prior to installation. (4) 4.2 Prior to installation, plans for an approved fire- suppression system for the protection of commercial-type cooking equipment shall be submitted to the Fire Chief for approval. The system shall comply with the 1991 Uniform Fire Code Sec. 10.513. (4) 4.3 Prior to the issuance of any building permits, architectural plans shall be submitted to the Fire Chief for approval. The occupancy shall be classified as an A.3 and shall meet the requirement of such. (4) 4.4 Prior to the issuance of any building permits, a seating plan shall be submitted to the Fire Chief for approval. The seating plan shall comply with the 1991 Uniform Building Code Sec. 3315. · (4) 4.5 Prior to the issuance of any building permits, plans shall be submitted to the Fire Chief. The plans shall provide two exits per the 1991 California Building Code Sec. 3303. (a). The two exits shall be placed a distance apart equal to not less than one half of the length of the maximum overall diagonal dimension of the building or area to be served measured in a straight line between exits. ENGINEERING DIVISION (4) 5.1 The existing curb ramp located in the curb return area will need to be removed and reconstructed to the current City Standard No. 124. The existing right-of-way corner cut-off may not be adequate for the construction of the new curb ramp and in that event, additional street right- of-way dedication will be required per City Standard No. Exhibit A - Conditions of Approval Resolution No. 3194A Page 6 124. The existing flag pole and a portion of the existing planter, which is located in the existing right- of-way, will need to be removed. (4) 5.2 The existing drive apron on Newport Avenue will require removal and construction per City Standard No. 10BB. (4) 5.3 A portion of the public sidewalk is missing along the Newport Avenue frontage from the southerly property line to approximately sixty three (63) feet northerly. The existing asphalt will need to be removed within this area and a full width sidewalk constructed per City Standard No. 104A. (4) 5.4 The existing westerly drive on the Andrews Street frontage is not usable due to the existing building and this drive apron and depressed curb will need to be removed and full height curb and gutter constructed per City Standard No. 103 along with full width sidewalk per City Standard No. 104. (4) 5.5 A separate 24" by 36" street improvement plan indicating all new construction within the public right-of-way will be required. This plan must be prepared by a California Registered Civil Engineer. In conjunction with this plan, a separate 24" x 36" traffic control plan prepared by a California Registered Traffic Engineer will also be required. (4) 5.6 Red curb shall be installed along Newport Avenue from the second driveway south of Andrews Street (professional office building entry) up to the southeast corner of Andrews Street and Newport Avenue. PLAN SUBMITTAL (4) 6.1 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. (4) 6.2 Preliminary technical detail and plans for all utility installation including cable TV, telephone, gas, water and electricity. 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. Exhibit A - Conditions of Approval Resolution No. 3194A Page 7 FEES (1) 7.1 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.