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