HomeMy WebLinkAboutPC RES 22691
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RESOLUTION N0. 2269
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, APPROVING VARIANCE N0. 85-5
ALLOWING AN EXISTING NON-CONFORMING RESTAURANT
AT 205 EL CAMINO REAL TO VARY WITH THE PARKING
REQUIREMENTS FOR A RESTAURANT IN THE C-2 ZONE.
The Planning Commission of the City of Tustin does hereby resolve as
follows:
I. The Planning Commission finds and determines as follows:
A. That a proper application, (Variance No. 85-5), was filed
by Douglas Cavanaugh & Ralph Kosmides, requesting authorization
to vary from the parking requirements of the C-2 zone for an
existing non-conforming restaurant located at 205 E1 Camino
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 in conformance with the land use element of the
Tustin Area General Plan.
2. The variance will be an incentive to, and a benefit for,
non residential development in the area.
3. The applicant is supplying parking per the zoning code for
any additional seats over the existing non-conforming
number.
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 district
in which the subject property is situated.
E. That this project is categorically exempt from the requirements
of the California Environmental Quality Act.(Class III)
F. That the granting of the variance as herein provided will not be
contrary to the intent of the Zoning Ordinance or the public
safety, health and welfare, and said variance should be granted.
G. 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.
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Resolution No.
Page two
H. Final sign plans shall require the review and approval of the
Community Development Director.
II. The Planning Commission hereby grants a variance as applied for, to
authorize the existing non-conforming restaurant located at 205 E1
Camino Real to vary with the parking requirements for a restaurant in
the C-2 zone, subject to the conditions attached hereto in Exhibit
..A...
PASSED AND ADO TE~'~t a regula mee ~lg of the_Tustin Planning Commission,
held on the 6~~ ~^d day of 19
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DONNA ORR, -
Recording Secretary
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KATHY WEIL,
Chairman
CONDITIONS OF APPROVAL
VARIANCE N0. 85-5
1. The number of seats established as the existing non-conforming use is 65
seats, with the total number of parking space variance equaling twenty-two
(22) parking spaces.
2. This variance shall be null and void upon the demolition of the structure.
at 205 E1 Camino Real.
3. All remaining signs shall be renovated.
4. A master sign plan shall be approved for the subject project prior to
building permit issuance.
5. A landscape plan is required for review and approval prior to building
permit issuance.
6. Any changes in exterior materials and colors requires the review and
approval of the Community Development Department.
7. Any missing or damaged street improvements on either street frontage shall
be installed or replaced. All improvements shall be shown on a final site
or grading plan, and reference applicable city standard drawing
references.
8. A grading plan delineating all finish floor, site elevations and
elevations of adjacent properties shall be submitted for review and
approval.
9. The city shall require a right-of-way dedication at the northwesterly
corner of the property in the shape of a triangle corner cut-off of
5'x5'. In the event this dedication interferes with roof overhangs, it
shall be decreased in size.
10. The alley has a sewer easement for maintenance purposes, and the developer
shall work with the public works department to determine the viability of
the two parking spaces adjacent to the alley. Any reduction in spaces
requires a reduction in seating within the restaurant.
11. Payment of the following fees shall be required at the time a building
permit is issued:
a. County Sanitation District No. 7 sewer connection fee based upon
$50.00/1,000 sq. ft. of new building area or $250.00 whichever is
larger.
b. East Orange County Water District fees for new building area.
Community Development Department
Conditions of Approval
Variance 85-5
page two
12. The restaurant business shall be reviewed by the Planning Commission on an
annual basis if substantial complaints are received by the department in
regard to on-street parking. If the Planning Commssion makes a finding
that the area merchants are impacted from on-street parking generated by
the restaurant business, the property owner, in accord with the lessee,
shall within 60 days provide permanent improved parking facilities based
on a maximum of twenty-two (22) parking spaces, on an adjoining lot known
in the Assessor's Book as 401-584, lots 6, 7, and 8. Any development
plans for the subject parcels shall incorporate the parking requirements
of the restaurant variance at 205 E1 Camino Real.
13. That a covenant be recorded with the County Recorder, binding all present
and future property owners of AB 401-584, lots 6, 7, and 8 to the
conditions outlined in number twelve of this resolution.
Community Development Department
STATE OF CALIFORNIA)
COUNTY OF ORANGE )
CITY OF TUSTIN )
[, DONNA ORR, the undersigned, hereby certify the: I am the Recording
Secretary of the Planning Commissi_on .Pf._ %he City of Tus:in;
C~lifornt~;. th&~ Resolution ~1o./:~.--~/o-C~w&s duly passed and adop~e~a~/
~ regular ~et~n~ of, the Tus~in~l~nning Co~isston, held on the
Record1 ng Secretary