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HomeMy WebLinkAboutPC RES 2801 6 7 8 9 10 11 12 13 14 15 16 17 18 I9 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2801 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA APPROVING VARIANCE 90-09 AUTHORIZING THE TEMPORARY REDUCTION OF 33 REQUIRED PARKING SPACES TO A TOTAL OF 65 SPACES FOR THE EXISTING RESTAURANT AS A RESULT OF THE SR-55 FREEWAY WIDENING AND FIRST STREET WIDENING PROJECTS FOR AN EXISTING RESTAURANT LOCATED AT 900 WEST FIRST STREET. 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 90-09 has been filed by Donley-Bennett Architects on behalf of the Revere House requesting authorization for the reduction of 33 required parking spaces as a result of the Newport Freeway and First Street widening projects. The project is located at 900 West First Street on property legally described as portions of Tustin Avenue and Lots E and 3 of the Stafford and Tustin Tract as recorded in Book 2, Pages 618 and 619 by the Los Angeles County Recorder. B® That a Public Hearing was duly called, noticed and held for said application on July 23, 1990. C® That this project has been determined to be Categorically Exempt (Class 1) pursuant to the provisions of Section 15301 of the California Environmental Quality Act. De That a variance from the number of parking spaces required by the zoning code is warranted as demonstrated in the following findings: · There are unusual or exceptional circumstances applicable to the subject property which do not necessarily apply to other projects in the same zoning district in that the property is subject to right-of-way taking beyond the property owner's control that reduces the 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 I9 2O 21 22 23 24 25 26 27 28 Resolution No. 2801 Page 2 · · · original amount of on-site parking without reducing the need for parking on the property. The size, shape and location of the property do not allow for the achievement of a parking balance that satisfies code requirements because the parcel is odd shaped with the building located in the front corner opposite from the freeway creating an awkward entry that requires the elimination of all parking on the front of the property and does not allow for site redesigning to restore an adequate amount of lost parking. Granting the requested variance would not convey a special privilege to the property owner which is not enjoyed by other property owners in the same district in that most other commercial properties normally are not located adjacent to freeways that necessitate such extensive dedication of property for right of way widening. The hardship in question is therefore not self imposed by actions of the property owner. The granting of this variance would not be detrimental to adjacent and surrounding properties in that the 33 parking space reduction is temporary and will be partially mitigated by the applicant leasing adjacent property for parking. Upon completion of the freeway construction there will be the opportunity for 76 spaces on the site for a 22 space reduction in current parking on the site. In order to ensure that negative parking impacts do not result from the project, the City will monitor parking conditions on the site and require appropriate additional mitigation by the property owner should any impacts occur. The granting of this variance would not be contrary to the City's General Plan in 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 I9 20 21 22 23 24' 25 26 27 28 Resolution No. 2801 Page 3 that the General Plan discusses the need for the SR-55 widening project and the near capacity traffic levels of First Street which are the causes of the Variance request. II. The Planning Commission hereby approves Variance 90-09 authorizing temporary reduction of 33 required parking spaces to a total of 65 for the existing restaurant use during construction and to a total of 76 spaces once construction is completed as a result of the Newport Freeway and First Street widening projects located at 900 West First Street, subject to the conditions contained within the attached Exhibit A. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 23rd day of July, 1990. FIrebrICK Secretary DONALD LE JEUNE ~ Chairman E~IBIT A RESOLUTION NO. 2801 CONDITIONS OF APPROVAL VARIANCE 90-09 AND DESIGN REVIEW 90-10 GENERAL (1) 1.1 The proposed subject project shall substantially conform to submitted plans date stamped July 23, 1990 on file with the Community Development Department as herein modified or as modified by the Director of Community Development. (1) 1.2 Unless otherwise specified, conditions in this exhibit shall be complied with prior to issuance of any building permits for the project, subject to review and approval by the Community Development Department. (1) 1.3 Variance and Design Review approval shall become null and *** void unless all building permits are issued and all construction is completed for the approved temporary 65 parking space site plan within 18 months of the date that the right-of-way taking agreement with Caltrans is signed and that all construction is complete for the ultimate 76 parking space site plan after the Caltrans freeway construction easement is released within time frames noted in Condition 3.3. *** 1.4 The subject variance approval shall be limited to the existing restaurant use of the subject property only. Any enlargements, extensions, reconstruction or structural alterations in use, floor area or seating capacity requested by applicant shall render this variance null and void and shall cause the applicable parking requirements to be applied toward the entire property unless such floor area and seating alterations bring the property closer to the requirements. Under such circumstances, a modification to Variance 90-09 shall be submitted prior to any floor area seating modifications. The restaurant use may be maintained, repaired or portions thereof replaced, so long as maintenance, repairs or replacements do not exceed fifty (50) percent of the building's assessed value as shown on the last equalized assessment roll. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Exhibit A Resolution No. 2801 Page 2 *** 1.5 The southerly adjacent off-site parking spaces in use by the restaurant (Assessor's Parcel No. 402-181-02) shall remain available for restaurant parking. Should said off-site parking become unavailable, the property owner shall provide 30 day notice to the Community Development. *** 1.6 The owner shall be required to be prepare a comprehensive parking demand study anytime within the first three years from the approval of a Final Building Permit for the site alterations requested as part of Variance 90-01, at the request and discretion of the Community Development Department or Public Works Department if it is determined that a parking problem exists on the site or the site exacerbates traffic issues on immediately adjacent streets. If said report indicates inadequate on-site parking, the owner at the discretion of the City shall provide additional mitigation to offset parking impacts by implementing one of the following alternatives, with the determination of the acceptable alternate subject to review and approval by City. a · be ce Secure off-site parking and execute a recordable parking agreement from adjacent property owners; Reduce the amount of restaurant seating in order to correspondingly reduce required parking for the use. Implement valet parking. (1) 1.7 Approval of Variance 90-09 and Design Review 90-10 is contingent upon the applicant signing and returning an "Agreement to Conditions Imposed" form as established by the Director of Community Development. PLAN SUBMITTAL 2.1 At plan check submittal and prior to issuance of building permits: (3) a. Provide pavement and striping plans and information ensuring compliance with applicable City requirements. Requirements of the Uniform Building Codes and State Handicap Requirements shall be complied with as approved by the Building Official. (1) b. Provide payment of all required fees as applicable including plan check and permit fees to Community Development Department. Exhibit A Resolution No. 2801 Page 3 SITE AND BUILDING CONDITIONS (1) 3.1 Pedestrian entry to the restaurant shall be accessible (4) from the existing pedestrian sidewalk adjacent to the building. Pedestrians shall not be required to walk through the vehicle entry driveway to enter the restaurant. (6) 3.2 Indicate that the area at the base of the freeway pole sign shall be landscaped between the driveway and property lines. Such landscaping shall be designed and installed in accordance with the City's Landscaping and Irrigation submittal requirements. *** 3.3 After Caltrans abandons the freeway construction easement on the property, plans shall be submitted to the Community Development Department and approximately 11 additional parking spaces shall be provided on the property within 90 days and be available for the restaurant's use subject to Community Development Department approval as to design and location.