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HomeMy WebLinkAboutPC RES 2375 1 3 4 $ 6 7 8 9 10 11 13 14 15 16 17 18 19 ~0 ~3 ~6 ~7 RESOLUTION NO. 2375 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, AUTHORIZING A VARIANCE OF THREE OF THE TWELVE REQUIRED PARKING SPACES AT 333 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. A proper application, (Variance No. 86-8), was filed on behalf of Raymond Salmi, requesting authorization to vary from the requirements of C-2 zoning district by a reduction in the number of required parking spaces from twelve (12) to nine (9). Bg A public hearing was duly called, noticed and held on said application. C. 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 in conformance with the land use element of the Tustin Area General Plan. 2. The use applied for is an allowed, use in the C-2 zone and Specific Plan Area No. 1. 3. The Variance granted shall not constitute granting of special privilege inconsistent with the limitations upon other properties in the vicinity and district in which the subject property is situated in that Specific Plan No. 1 provides measures for off-site parking and encourages rehabilitation of structures in the vicinity. 4. Because of special circumstances applicable to subject property, including size, shape, topography, location or surroundings, the strict application of the Zoning Ordinance i s found to deprive subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification in that the parking options provided in Specific Plan No. I apply to all properties within the Plan area. 1 3 4 5 6 7 8 9 11 13 14 15 17 18 19 9.2 23 28 Resolution No. 237~ Page two D. A Negative Declaration has been filed in conformance with the California Environmental Quality Act. E. 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 dlstrict in which the subject property is situated. F. That the granting of the variance as herein provided will not be contrary to th.~ intent of the Zoning Ordinance or the public safety, health and welfare, and said variance should be granted. Go 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 Fire Marshal; and street improvement requirements as administered by the City Engineer. H. Final sign plans s,~all require the review and approval of the Community Development Director. II. The Planning Commission grants a Variance No. 86-8 as applied for, to authorize the reduction of the required parking spaces from twelve (12) to nine (9), subject to the conditions: 1. The project shall substantially conf~.rm to the plan, date stamped November 24, 1986, as herein modified, all modifications to this plan shall be approved by the Director of Community Development. 2. The building shall not be occupied or building permits for cons'truction/renovation issued until an acceptable parking lease and/or agreement is approved by the City. 3. The applicant shall purchase or lease a minimum of five (5) surplus off-site parking spaces. An agreement shall be signed by the property owner to identify and guarantee the availability of all nine (9) parking spaces for the life of this Variance. 4. The basement shall remain unoccupied for the life of this Variance by issuance of a Certificate of Occupancy for the first two floors only. 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 18 19 2O 21 22 23 24 25 26 27 28 Resolution 2375 Page three mo Should a retail tenant occupy the building at sometime in the future, additional parking spaces shall be acquired at the rate of one (1) space for every 200 square feet of re"~il area. The applica.~:t shall sign and return an agreement to conditions imposed for~', as required by the Community Development Director. PASSEDheld on ANDthe ~~ atdaya ofregular,'~_~.~meeti n: of the Tustin, 198~a_-Planning Commission, 24th day of November, 1986. CHARLES E. PUCKETT, Chairman ~ecording Secretary ~~' ~~ STATE OF CALIFORNIA) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, the undersigned, hereby certify that I am the Recording Secretary of tb, e Planning Commission of the City of Tustin, C.~lifornia; ~hat Resolution No. ~was ~Jly passed and adopte~d a,t~.~ a regular,meeting ~)f the TL~.tiyn Planning Commission, held on the day of ~, 19~. Mary Ann Chamberlain Associate Planner