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HomeMy WebLinkAboutPC RES 2419 1 2 3 4 ..5 6 1 8 9 10 11 12 13 14 15 16 17 18 19 21 22 23 25 26 27 28 I · RESOLUTION NO. 2419 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN APPROVING VARIANCE NO. 87-3, ALLOWING AN EXISTING NON-CONFORMING RESTAURANT AT 205 EL CAMINO REAL TO VARY WITH THE PARKING · REQUIREMENTS IN THE C-2 ZONE The Planning Commission finds and determines as follows: A. That a proper application, Variance No. 87-3, was filed by 30th Street Architects on behalf of Mr. Douglas Cavanaugh, requesting authorization to vary from the parking requirements of the C-2 zone for an existing non-conforming restaurant located at 205 E1 Cami no Real. B. That a public hearing was duly called, noticed and held on said application. 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 properties in the vicinity and under identical zone classification, evidenced by the following findings: 1. The use is tn accordance wi th the Zoning Ordinance and the Specific Plan for the area . 2. The project Is in conformance wi th the Town Center Redevelopment Plan. 3. The subject variance .is in accordance with previously granted Variance No. 85-5 pertaining to the original 65 seats. 4. The applicant is supplying parking per the zoning code and E1 Camino Real Specific Plan for any additional seats over exi sting non-conformi ng use. ® E1 Camino Real Specific Plan allows for exemptions for on-site parking requirements for restaurants and new additions if property is included in a "Parking Improvement District" or show proof of a parking lease agreement with adjacent property owners within 300 feet of property.. D. That the granting of a variance as herein provided will not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and distict in which the subject property is situated. E · That this project is categorically exempt fr. om the req. uirements of the California Environmental Quality Act (Class III). i1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 25 26 27 I I i Resolution No. 2419 Page two F. That pursuant to the Town Center Redevelopment Plan, the site plan and architectural design of projedt which is proposed within the Redevelopment area shall be approved by the .. Redevelopment Agency. Ge Final development plans shall require the review and approval of the Community development Department H. 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. II. The Planning Commission approves Variance No. 87-3 to permit 13 (thirteen) instead of the required parking spaces pursuant to Section 9232 C from the parking requirements of C-2, subject to conditions attached hereto in Exhibit "A". PASSED AND ADOPTED by the Planning Commiston of the City of Tustin on this 27th day of July, 1987. Secretary Chai rma n Exhibit A To Resolution No. 2419 lo The project shall substantially comply with submitted site plans and supplemental materials, date stamped July 7, 1987 and on file with the Community Development Department as herein modified or as modified by the Director of Community Development in accordance with this Resolution. e Unless otherwise specified, conditions contained in this exhibit shall be complied with subject to review and approval or the Director of Community Development prior to issuance of building permits for the proposed project: e Applicant shall either enter into a lease agreement with a property owner within 300 feet of the subject property for the provisions of an additional four {4) parking spaces or enter into an agreement with the City's Parking Improvement District to lease four (4) parking spaces to be located in the Town Center Parking Structure. ® Should the applicant fail to comply with condition number 3 above, the number of proposed restaurant seats shall be reduced from 103 to 92 seats. Final construction working drawings require signature of Alcoholic Beverage Control for conformance of outdoor seating area requirements. 6. All existing overhead utility services shall be undergrounded. · Provide detailed information regarding colors, materials and textures of all exterior architectural elements which surround the outdoors dining area; such as block wall, concrete paving, planters and treatment of tree wells. Said screening shall be of solid enclosed material not just pipe-rail proposed on preliminary plans subject to approval of Director of Community Development. A1 so include pedestrian walkway, stairs and handicap ramp. · All mechanical equipment, electrical fixtures and downspouts shall be adequately and decoratively screened. Mechanical equipment shall not be seen from the outdoor dining area. · Indicate proposed exterior lighting for the building, parking lot and outdoor dining area. Note locations of light poles and detail of fixtures. No lights shall be permitted which may create any glare or have a negative impact on adjoining properties. The location of lighting shall be subject to the approval of the Community Development Department. 10. Provide complete landscaping and irrigation plans for the project complying wi th al 1 Commu ni ty Development Department landscaping/irrigation standards and plan submittal requirements. 11. At building plan check, construction plans, structural calculations, and title 24 energy calculation must be submitted. Requirements of the Uniform Building Codes, State Handicap and Energy Requirements must be complied with as approved by the Building Official. Exhibit A Resolution No. 2419 Page two 12. At building plan check, provide technical detail and plans for all utility installations including cable TV, telephone, gas, water and el ectri ci ry. 13. At building plan check submittal of final grading and specifications consistent with the site plan and landscaping plans and prepared by a registered engineer for approval of the Community Development Department. 14. All requirements of the Orange County Fire Department shall be met. 15. The final site plan shall be standardized and reflect all appropriate City standard drawing numbers. The developer shall construct all missing or damaged street improvements to said development per the City of Tustin "Minimum Design Standards of Public Works" and "Street Improvement Standards". This work shall consist of, but not be limited to, curbs and gitters, sidewalks, driveway aprons and street improvements. 16. In the event that applicant complies with Condition number 3 instead of 4, the appropriate number of employees of the proposed restaurant shall be required to park in the proposed off-site parking spaces. 17. Stgnage shall also be provided on-site adjacent to parking lot and main building indicating that additional parking is available at off-site locations. Said signage shall be subject to review and approval of the Director of Community Development. PM:pef 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. ~I//~ was duly passed and adopted at a 'regular meeting of the Tusttn Planning Commission, held on the~__~, day of (~ , 1987 · Recording Secretary