The URL can be used to link to this page

Home My WebLink AboutPC RES 2684 6 7 8 9 10 11 12 13 14 15 17 18 19 ~3 24 25 ~6 ~7 RESOLUTION NO. 2684 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 89-31 TO PERMIT A SOCIAL HALL AND SECONDHAND STORE AND VARIANCE 89-13 TO PROVIDE 23 PARKING SPACES RATHER THAN 33 REQUIRED BY CODE AT 441 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, (Use Permit No. 89-31 and Variance 89-13) have been filed on behalf of Assistance League of Tustin to establish a social hall and secondhand store and to provide less parking spaces than required by Code. B. That a public hearing was duly-called, noticed and held on said application on October 9, 1989. C. That establishment, maintenance, and operation of the use applied for 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 th~ neighborhood in that the social hall and thrift store provide a service to the community through their various philanthropic projects. Both uses can be contained within the existing buildings. The uses are conditionally permitted uses within the C-2 District. The uses are compatible with adjacent uses in the immediate vicinity. D. That the establishment, maintenance, and operation of the use applied for 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, and should be granted in that proposed uses would be compatible with existing tenants in the immediate vicinity and would provide a needed use to the Tustin 'Old Town' area. E. That granting of the variance to provide 23 parking spaces, rather than the 33 spaces required by Code, can be supported by the following findings: 1. There are special circumstances applicable to the shape, size, location, topography or use of the property which justifies the variance request. There are special circumstances applicable to the location and the proposed use of the property in that the social hall, office use and thrift store will provide a shared parking relationship as the proposed uses would be occupied at different times during the week. The thrift store will never be open for business at the same time that the social hall will be occupied. The conditions of approval include restriction on hours of operation. 1 3 4 $ 7 9 10 11 12 13 14 15 17 18 19 20 23 ~4 25 ~6 27 28 Resol'ution No. 2684 Page two . The applicant is b. eing denied a privilege enjoyed by others in similar conditions and identical zoning .designations. The applicant is not being granted special privileges since the peak parking demand created by the various uses will be at different hours, and there will be adequate on-site parking for the uses at the time of demand. The highest demand for parking (21 spaces) will occur when the social hall and office uses are in operation, which can be accommodated on site within the 23 spaces provided. The conditions of approval include mitigation measures to ensure that adequate parking will be provided. 3, The variance will not have a detrimental impact on the subject property or surroun.dl.n9 properties. The granting of this variance request will not have a negative impact in that the anticipated parking demand can be provided on-site due to the different hours of operation of the various uses. In addition, a condition of approval requires the applicant to'notify members of additional parking located within the City Parking Structure. Another conditions (3.3) provides for a Parking Demand Study to be prepared to address parking issues should it be necessary. , The variance is consistent with the provisions of the General 'Plan. The v~riance request is consistent with the City's General Plan which encourages orderly and harmonious development, since parking demand will be accommodated on-site. F, The project has been determined to be Categorically Exempt (Class 3) pursuant to the provisions of Section 15303 of the California Environmental Quality Act. II. The Planning Commission hereby approves Conditional Use Permit No. 89-31 and Variance 89-13 to authorize the establishment of a social hall and thrift store with 23 parking spaces, rather than the 33 required by Code, subject to the conditions contained within Exhibit A, attached hereto. PASSED AND A~~D at a r~~of the Tustin Planning Commission held on the 9th day of October , 1989. q~ENN I FOLEY, , Recording Secretary ( LE~SLI E PONT-/IOUS, Chairman EXHIBIT A CONDITIONAL USE PERMIT 89-31 AND VARIANCE 89-13 CONDITIONS OF APPROVAL RESOLUTION NO. 2684 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped October 9, 1989 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. (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 Community Development Department. (1) 1.3 Conditional Use Permit and Variance approval shall become null and void unless all building permits are issued within twelve (12) months of the date on this Exhibit and substantial construction is underway. (1) 1.4 The applicant shall sign and return an Agreement to Conditions Imposed form prior to the issuance of any building permits. USE RESTRICTIONS *** 2.1 The thrift store/retail use shall always be closed for business during the times that the social hall is occupied. *** 2.2 The applicant shall install appropriate signs in the parking lot, subject to approval by the Community Development Department, that indicate that additional parking for social hall functions is available in the City's parking structure. *** 2.3 The maximum number of seats in the social hall shall not exceed 42. *** 2.4 The proposed office area shown on the submitted site plan shall not be converted to retail/thrift store use without complying with parking requirements of the Tustin City Code. PARKING *** 3.1 The site plan shall be modified to eliminat9 spaces 15, 16, 17 and 18, and replace the four spaces with one space, that meets Zoning Code Standards subject to approval by the Director of Community Development as to location and striping detail. SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODE/S (4) DESIGN REVIEW *** EXCEPTION (5) RESPONSIBLE AGENCY REQUIREMENT (6). LANDSCAPING GUIDELINES (7) PC/CC POLICY E×hi bit A Resolution No. 2684 Page two *** 3.2 The applicant shall prepare and cause to be distributed to all attendees when providing information of all social hall events, a notice of parking requirements that specify at minimum that additional parking is available in the unassigned spaces of the City's Parking Structure, a map showing the location of the structure in relation to the subject property, and a statement .... encouraging carpooling and other modes of transportation other than by automobile. An example of the copy or text of the information to be included in any notice or promotional material shall be submitted and approved by the Community Development Department prior to issuance of any Certificate of Use and Occupancy. Said approved copy or text shall be kept on file by the applicant and utilized in noticing prospective attendees of social hall events. *** 3.3 The owner shall cause to be prepared a comprehensive parking demand study within the first three years from the issuanc, e of a Certificate of Use and Occupancy for the social hall, at the request and discretion of the Con~nunity Development Department or Public Works Department if it is determined that a parking problem exists on the si'te. 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® Secure off-site parking from adjacent property owners; Lease ~arking spaces in the City owned parking structure. STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, PENNI FOLEY, the undersigned, hereby certify that I am the Recording Secretary of the 1P1/_ann~i~ng Commission of the City of lustin, California; that Resolution No. ,~.~ was duly passed and adopted at a~r~egular meeting of the Tustin Planning Commission, held on the ~X- .day of ~~x~~/ . 198~ . PENNI FOLEY / Recording Secretary