Loading...
HomeMy WebLinkAboutPC RES 2502 6 7 8 9 10 11 12 13 14 15 1(; 17 18 21 29_ 23 24 25 27 RESOLUTION NO. 2502 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING VARIANCE 88-05; TO PERMIT A MIXED USE COMMERCIAL PROJECT TO HAVE 60 PARKING SPACES LESS THAN THE NUMBER OF SPACES REQUIRED AT 13011-13051 NEWPORT AVENUE The Planning Commission of the City of Tustln does hereby resolve as fol lows: I. The Planning Commission finds and determines as follows: A. That a proper application, Variance 88-05, was filed by Burnett Ehline for a Variance to permit a mixed use commercial peoject at 13011 - 13051 Newport Avenue in the C-2 (Central Commercial) District to have 60 parking spaces less than the required number of spaces to accommodate proposed restaurant uses within the project. B. That a public hearing was duly called, noticed and held on said application on June 13, 1988. C. That because of special circumstances applicable to the subject property, relative to size, shape, topography, location or surroundings, a strict application of the Zoning Ordinance is found to deprive subject property of privileges enjoyed by other properti es i n the vi ci ni ty and under i denti cal zone classification, evidenced by the following findings: 1. There are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property in that the intended use of the site contains a combination of mixed uses. e Such Variance Is necessary for the preservation and enjoyment of a substantial property right of the applicant, which right is posessed by other property owners under like conditions in the same district in that other properties with a combination of office and retail and restaurant uses have buildings with less than the required parking, when the current standard is applied against square footage of each type of use. D. The Variance is for the purpose of permitting the use of a lot to the same level as other lots in the same district, and is not a grant of special privilege for the development of uses not specifically permitted in the district. The use of the property proposed by the applicant is specifically permitted in the district in which it is located. The use of the lot will be consistent with the level of use of other lots in the same district in that an adequate amount of parking will be provided for the intended use. 1 2 3 4 5 6 7 8 9 10 I 14 I Resolution No. 2502 Page two E. The granting of such Variance will not be contrary to the objectives of the General Plan and Zoning Ordinance. F. The granting of such a Variance will not be materially detrimental to the public welfare or injurious to property and improvements in the district in which the property is located in that adequate parking will be provided to accommodate the proposed project wi th conditions designed to mi ti gate any potential impact. G. That a Negative Declaration has been reviewed and certified for the project pursuant to requirements of the California Environmental Quality Act. Proposed development shall be in accordance with the development policies adopted by the City Council; Uniform Building Codes as administered by the Building Official; Fire Codes as administered by the Orange County Fi re Marshal; and street improvement requirements as administered by the City Engineer. I · Final sign plans shall require the review and approval of the Community Development Director. II. The Planning Commission grants Variance 88-5 subject to compliance with conditions attached as Exhibit A and included herein by reference. 2( 21 22 23 24 25 26 27 PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 13th day of June, 1988. "Penni Foley Secretary Chairman Exhlbt t A Resolution No. 2502 Conditions of Approval Yartance 88-05 1. The proposed project shall substantially conform with the revised submitted site plan for the project dated June 2, 1988 on file with the Community Development Department as herein modified or as modified by the Director of Community Development in accordance with this Exhibit. 2. The existing parking lot shall be restripped to contain 241 parking spaces prior to release of a Certificate of Occupancy for the proposed 6,807 square foot restaurant. 3. The maximum number of seats to be distributed between the existing confectionary building and proposed 6,807 square foot restaurant shall not exceed 273 seats and the total number of restaurant seats for the entire project shall not exceed 337 seats. 4. During the four year period following City issuance of a Certificate of Occupancy for the proposed new 6,807 square foot restaurant Burnett-Ehline shall agree to perform a parking and circulation study when determined to be necessary at the request and discretion of the Community Development Department or Public Works Department utilizing a traffic engineer firm acceptable to the City. If the study indicates inadequate on-site parking to accommodate existing uses on-site, Burnett-Ehline, at the descretion of the City will provide additional mitigation to offset the impacts on parking and circulation by implementing one of the following alternatives with determination of the acceptable alternative subject to review and approval of the Ci ry. A. Provision of additional parking up to a maximum of 298 spaces by purchase and/or lease of property within 500 feet of the property or provision of the needed parking spaces on-site. Implementation of valet parking for the 6,807 square foot restaurant with proposed valet parking area to be subject to approval of the Community Development Department. 5. Developer shall be encouraged to provide a second entrance to the proposed 6,807 square foot restaurant on the west side of proposed building. · Said Variance shall become null and void if building permits are not issued for the proposed 6,807 square foot restaurant within 180 days from the date of approval of this Variance. Upon issuance of building permits, applicant shall expeditiously proceed with construction of all site improvements and be required to comply with scheduling requirements contained in the executed Di sposi ti on and Devel opmen t Agreement between the Tusti n Community Redevelopment Agency and Burnett-Ehline as amended. STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, PENNI FOLEY, the undersigned, hereby certify that. I am the Recording Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. .,~/:~,~'~', was duly passed and adopted at a regular meeting of the ~usttn Planning Commission, held on the_./~'./~. ~ day of ~ r,,~ ~,,.- , 198 ,, . ( ( "PENNI FOLEY' Recording Secretary