HomeMy WebLinkAboutPH 3 VARIANCE 85-5 10-21-85DATE:
October 21, 1985
PUBLIC NEARING
NO. 3
TO:
FROM:
SU BJ ECT:
HONORABLE MAYOR AND CITY COUNCIL
COMMUNITY DEVELOPHENT DEPARTMENT
YARIANCE 85-5, APPEAL
APPLICANT: DOUGLAS CAYANAUGH AND RALPH KOSMIDES ON BEHALF OF JOHN PRESCOTT
LOCATION: 205 EL CAMINO REAL
REQUEST:
TO VARY WITH THE PARKING STANDARDS OF THE C-2 DISTRICT FOR A
RESTAURANT TO ALLOW THE EXPANSION OF AN EXISTING NON-CONFORMING
USE.
RECOI~IENDED ACTION:
Pleasure of the Council.
BACKGROUND:
At its regular meeting of September 9, 1985, the Planning Commission considered
and approved Variance No. 85-5, by a vote of five ayes to zero noes. Staff's
recommended action for this project was approval of the subject variance. The
Planning Commission staff report has been enclosed for Council review.
Due to conditions placed on the resolution of approval (No. 2269), the
applicants have appealed the decision of the Planning Commission to the City
Council.
DISCUSSION:
Although it was not specifically stated in the appeal letter, the conditions
that drew the major discussion in the Planning Commission hearing were number
twelve and thirteen of Resolution No. 2269. These conditions bound the property
owner of the restaurant to provide and assign parking on an adjoining lot he
owned in the event the restaurant was found to impact on-street parking in the
area. The Commission felt there should be some method to provide parking in
case of an impact situation, and the property owner of Ruby's owns vacant
adjoining land that could provide that parking either as a temporary use on
vacant land or as part of a future development. As vacant land, the condition
does not come into play until a finding of parking impact is made, although
future development on the land will have to account for the parking at the
restaurant.
City Council Report
Variance 85-5
page two
Other possible solutions include: 1) removing the two conditions and not
require the property owner to supply parking in the event of an impact; 2)
remove the requirement to supply parking in any future development and tie the
condition to supply parking only if any future parking impact occurs; 3) have
the property owner supply parking on a volunteer basis, if an impact occurs; 4)
allow the lessee or property owner to purchase spaces in the parking structure
on "C" Street.
Senior Planner
EK:do
Community Development Deparlmenl
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RESOLUTION NO. 2269
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, APPROVING VARIANCE NO. 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:
The Planning Commission finds and determines as follows:
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.
Ce
That a public hearing was duly called, noticed and held on said
application.
That because of special circumstances applicable to the subject
property, relative to size, shape, topography, location or
surroundings, a strict application of the ZQning Ordinance is
found to deprive subject property of privileges enjoyed by other
properties in the vicinity and under identical zone
classiffcation, evidenced by the following findings:
1. The use is in conformance with the land use element of the
Tustin Area General Plan.
The variance will be an incentive to, and a benefit for,
non residential development in the area.
The applicant is supplying parking per the zoning code for
any additional seats over the existing non-conforming
number.
De
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.
That this project is categorically exempt from the requirements
of the California Environmental Quality Act.(Class III)
Ge
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.
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
II.
H. Final sign plans shall require the review and approval of the
Community Development Director.
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
PASSED AND ADO,~P~T~D~y~t a regul~a~' mee i~[ng o~ the Tustin Planning Commission,
'DONNA ORR, ,
Recording Secretary
; L
KATHY WEIL,~
Chairman
CONOITIONS 0¢ APPROVAL
YARIANCE NO. 85-5
4
10.
11.
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.
This variance shall be null and void upon the demolition of the structure
at 205 E1Camino Real.
All remaining signs shall be renovated.
A master sign plan shall be approved for the subject project prior to
building permit issuance.
A landscape plan is required for review and approval prior to building
permit issuance.
Any changes in exterior materials and colors requires the review and
approval of the Community Development Department.
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.
A grading plan delineating all finish
elevations of adjacent properties shall
approval.
floor, site elevations and
be submitted for review and
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.
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.
Payment of the following fees shall be required at the time a building
permit is issued:
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 Deparxmenl
Conditions of Approval
Variance 85-5
page two
12.
13.
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 Et Camino Real.
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 Developmen~ Deparlrnen~ ~
Planning Commission
DATE: SEPTruMBER 9, 1985 ~
SUBJECT:
APPLICANT:
'VARIANCE 85-5 ~
DOUGLAS CAYANAUGH & RALPH KOSMIDES
PROPERTY
OWNER:
LOCATION:
ZONING:
GENERAL PLAN:
30HN PRESCOTT
18752 E. 17th STREET
SANTA ANA, CA 92705
gO5 EL CAMINO REAL
C-2 CENTRAL COMMERCIAL
COmmERCIAL
ENVIRONMENTAL
STATUS:
REQUEST:
CATEGORICALLY EXEMPT CLASS 3
TO VARY WIl~l THE PARKING STANDARDS OF' THE C-2 DISTRICT FOR A
RESTAURANT TO ALLOW THE EXPANSION OF AN EXISTING NON-CONFOILMING
USE.
RECOI~ENDED ACTION:
Staff recommends that Variance 85-5 be approved by the Planning Commission by
the adoption of Resolution No. 2269.
BACKGROUND:
Approximately less than a year ago, the business interest running Ruby's
restaurant closed, and since that. time, do new lessee has reopened the
business. Recently, staff has been approached by Doug Cavanaugh and ~a~ph
Kosmides, who propose to expand, renovate, and open up Ruby's as a 1940's period
restaurant.
Ruby's is an existing non-conforming use, since it provides no parking for the
approximate 65 seats within the restaurant. An expansion of a non-conforming
use is not allowed, unless the entire business is brought into zoning code
conformance. The applicants are proposing to provide sufficient parking for the
expansion, but are requesting a parking variance for the remaining se.=ts
that are currently a part of the restaurant.
·comrnunity Dcveloprncn~ Dcpar~mcn~
Planning Commission Report
Variance 85-5
page two
DISCUSSION:
A breakdown of the proposal includes:
1. Expand the restaurant by approximately 1,288*square feet, including a new
kitchen, s~orage, refrigeration and restrooms.
2. Expand seating from 65 to 95 seats.
3. Provide eleven new parking spaces.
In analyzing this proposal, it is key to note what the code allows or does not
allow. Allowed under code, the proposed applicants could make improvements to
within 50% of the assessed value of the property and reopen the existing
business with 'the current number of seats without the need of a variance. The
requirement for the variance comes with any expansion of the existing
non-conforming use.
The applicants are proposing to provide more than just an expansion of the
number of seats. The current restaurant will be modernized with a new kitchen,
restrooms, and storage. The inside will be redecorated to match a 1940's era
cafe. The improvements should be a positive addition to the old Tustin downtown
area and a way to preserve, in some form, the old Ruby's restaurant.
Currently, the area and uses surrounding Ruby's are underparked by code
standards, yet the area does not suffer from a parking problem, with the
exception of Assistance League meetings. This lack of a parking problem is
mainly due to a combination of businesses that do provide sufficient parking,
and the marginal nature of other businesses in the area. Since the applicants
are proposing to supply sufficient parking for the expansion, theoretically
there should not be a greater parking impact than experienced by reopening the
existing Ruby's. In reality, if the business is a big success, more cars could
be drawn into the area than previously experienced.
To counteract this possibility, staff is recommending a condition that sets up
two parking impact criteria. The parking situation will either be reviewed by
the Planning Commission on an annual basis if substantial complaints from
merchants are received. If a finding of parking impact is found, the property
owners of Ruby's, in accordance with the lessee, will be required within 60
days, to provide improved parking facilities on a temporary basis; with a
maximum of 22 spaces on an adjoining vacant lot, which is shown on the
assessor's parcel map as Book 401-584, lots 6, 7 or 8. These lots are owned by
the property owner of Ruby's.
In addition, the applicants are put on notice that the existing roof sign will
have to be removed if there is a change in either proprietorship or identify.
The current sign will require renovation as a part of this variance.
[DWARD M. XNIGH~,' / x~
LSenior Planner
~E&:oo Community Developmen~ Deparimen~