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HomeMy WebLinkAboutPC RES 2392 1 4 6 9 10 11 13 14 15 17 19 '~1 9~ RESOLUTION NO. 2392 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, AMENDING THE DEVELOPMENT PLAN APPROVED BY USE PERMIT 85-9 AUTHORIZING SHARED PARKING FOR A FREESTANDING RESTAURANT AT 13741 NEWPORT AVENUE. The Planning Commission of the City of Tustin does hereby ~esolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application (Amendment No. i to Us,~~. Permit 85-9) has been filed on behalf of Carver Development, requesting authorization to amend the approved development plan for Tustin Plaza to permit implementation of a shared parking program. B. That a public hearing was duly called, noticed ..nd held on said application. 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 the neighborhood of such proposed use, evidence by the following findings: 1. That a conditional use permit was approved with a precise development plan on June 10, 1985. 2. That retai 1 and offi ce uses and i n parti cul ar a freestanding restaurant is consistent with the Tustin Area General Plan land use designation for commercial uses. 3. That retai 1 and offi ce uses i ncl udi ng freestanding restaurant are consistent wi th the Planned Community Commercial District zoning designations subject to approval of a Conditional Use Permit incorporating a precise development plan. 4. That the implementation of a shared parking program would be consistent wi th Conditional Use Permit 85-9 subject to modification of the precise development plan. · Subject property is currently zoned Planned Community Commercial, as such development standards are established via an overall development plan. A modification of said development plan is now justified for the following reasons: a) 31% of the proposed project is an office whose office use paak demand for parking is considerably less than a conventional commercial development; b} the center is without the traditional anchor tenant. 7 8 9 10 12 13 14 15 ~~ 'i 9 '2(~ '21 22 23 2~ 2~'.~ 26 27 2,~ Resolution No. 2392 'page two II. That the establishment, maintenance, and operation of the use applied for will not be injurious or detrimental to the property ~nd improvements in the neighborhood of the subject property, nor to the general welfare of the City of Tustin, and should be granted. E. 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 Code as administered by the Orange County Fi re I~l'.rshal and street improvement requirements as administered by the City Engineer. F. A Negative Declaration was previously approved for this ~roject. G, Final development plans shall require the review and approval of the Community Development Dep,~rtment. The Planning Commission hereby approved Amendment No. I to Conditional Use Permit No. 85-9 amending the approved development plan for Tustin Plaza a,lJthorizing the imp.lementation of a shared parking pro.tram for the subject project subject to the followi'lg conditions' A. Maximum floor area for restaurants and/or food related uses shall not exceed existing tenant commitments and/or proposed tenant plans of Carver Development as of February 23, 1987 including plans for a freestanding restaurant. B · Maxi mum office area shall be established by the Director of the Department oF Community Development consistent with ensuring adequate shared parking conditions which accommodate peak parking demands. C. Existing restaurant, food service, and/or office spaces may be con~'erted to retail spa~e without impacting parking demand. D. Employees for the proposed freestanding restaurant pad will be required during peak shi. fts (5'00 p.m. to 11'00 p.m.) to park o~, the Carver office site adjacent to the retail center. E. A monthly work schedule for the first six months of operation of any restaurant user on .the restaurant pad shall be submitted to the Community Development Department indicating the number of personnel and shift times. 1 2 3 4 5 6 7 8 9 10 11 12 14 15 1(~ 17 18 2O '21 22 9.3, 241' 25~ 2~, 27 28 Resolution No. 2392 page three F. The Carver Development shall participate and coord .~ate with Orange County Transit District %o encourage that all 'tenants in the Center and their employees are encouraged to utilize car pools or alternative means of transportation to alleviate parking demand. PASSEDheld on the 9th day of March, 1987. Recording Secretary - CHARLES E. PUCKETT, Chairman STAT-'. OF CALIFOR,q!A) COUNTY OF O~,ANGFi. ) CITY OF TUSTiN ) I, DONNA ORR, t~qe undersigned, hereby cermify t~qat I am the Recording Secretary. of t~e 21an'ning Commission of the Ci~ of Tustin, California; that Resolution No. ~..~was duly passed and adopted/~at ~ regular meeting of t:;e ';ustin ?lannan.c Sommi ssi on, held on the ~ ~ONlq^ ORR Recording Secretary