Loading...
HomeMy WebLinkAboutPH 1 VARIANCE 85-5 11-04-85DATE: November 4, 1985 PUBLIC HEARING NO, 1 11-4-85 Inter- Com TO: FROM: SU BJ ECT: HONORABLE HAYOR AND CITY COUNCIL CO.UNITY DEVELOPHENT DEPARTHENT APPEAL OF VARIANCE 85-5, RUBY'S RESTAURANT APPLICANT: OWNER: LOCATION: REQUEST: DOUGLAS CAVANAUGH AND RALPH KOSNIDES JOHN PRESCOTT 205 EL CANINO REAL TO VARY FROH THE RESTAURANT PARKING STANDARDS OF THE C-2 ZONE THEREBY ALLOWING EXPANSION OF AN EXISTING NON-CONFORNING USE. RECOI~ENDED ACTION: Pleasure of the Council. BACKGROUND: At the Council's meeting on October 21, 1985, the variance applicants requested relief from certain conditions imposed by the Planning Commission. Specifically, the applicant request deletion of conditions 9, 10, 12 and 13. (Conditions attached) Conditions 9 and 10 are public works related issues and are addressed in the attached memorandum from City Engineer Bob Ledendecker. In summary, Condition 9 would require dedication of a triangular section of sidewalk at the corner of E1 Camino and Second Street. The dedication would provide clear wheel chair access on public property between the city's wheel chair ramp and the front door step into Ruby's Restaurant. Condition 10 would prohibit installing the two parallel parking spaces along the rear alley since in fact the alley is not public property. Without the applicants securing full width access rights to this private driveway, the city cannot accept its use for a legal 15 feet access road. Conditions 12 and 13 concern the lack of on-site parking. At present, the restaurant has 65 seats and would be expanded to 95 pursuant to this variance. Parking for the restaurant is summarized as follows: City Council Ruby's page two Seating Parking * Proposed Requirements 65 22 0 (exist) 30 10 11 Existing Restaurant Proposed Expansion Total 95 32 11 * Code requires one space of each three seats The variance request seeks relief from providing the .full 32 space requirement due to physical constraints which prohibit compliance. Staff recommended approval of the variance to the Planning Commission and the Commission concurred based upon the availability of on-street parking and Conditions 12 and 13 which provide relief in case of on-street congestion. Condition 12 would only take effect if "substantial complaints are received by the Community Development Department". Then, only after conducting a public hearing, the Planning Commission may require additional spaces up to 22 {actually 21 - error in calculations), on the vacant lot also owned by John Prescott at the corner of E1 Camino and Third Street. Since parking is presently occuring on this lot and its close proximity could satisfy a future parking problem, staff recommended its adoption. At such time the corner property develops, reciprocal usage of the same parking spaces could easily occur. Condition 13 would require the recording of a covenant on the vacant corner parcel thereby binding future owners to provide the Ruby's parking if deemed necessary. Council raised the question of Ordinance No. 510 and its applicability to this situation. Ordinance No. 510 adopted The E1Camino Real Specific Plan in 1971. In addition to architectural requirements it allowed variations from standard parking requirements. Specifically, in Section 4.1793, the ordinance allows three exceptions. In summary, Ordinance No. 510 allows exceptions for Ruby's in the following manner: a) Allows exemption' from requirements for on-site parking for either existing restaurant or new addition if Ruby's property is included within a "parking or improvement district". At present, this exemption has not been activated by the Council since it requires the levying of additional property taxes against all properties within such a district to fund construction of public parking lots. b) Allows exemption from requirements for on-site parking for either existing restaurant or new addition if private off-site spaces can be acquired within 300 feet and proof of which is supplied in the form of a long term lease. ~ Comrnunily Developmen~ Depar~men~ ~ City Council Report Ruby's page three c) Allows exemption from requirements for on-site parking for either existing or new addition if payment is made to city in an amount four times the assessed value of 200 square feet of land for each space required and not otherwise provided on-site. City shall then use the funds to provide public parking. To date option c) has been used by three businesses in the downtown, but has not resulted in substantial funds for the city to construct a parking area for north E1 Camino Real. The south end of E1 Camino has been supplied with the Stevens Square parking structure. To compound the apparent issues, the city's previous Director of Community Development misinterpreted an obscure section of the city code allowing Rutabegorz restaurant to expand by providing parking for only the expansion area. Rutabegorz also chose option c) above and purchased the right to park in the parking structure. It is presently staff's opinion that this was incorrect since the city condoned expansion of a non-conforming use without bringing the non-conformity in compliance with city codes. CONCLUSION: Staff believes this variance application is the proper legal methodology to resolve the inadequate number of parking spaces for Ruby's Restaurant. Staff recommends approval of the'variance since the remodeling and opening should be a definite asset to downtown Tustin. Should Council deem Conditions 12 and 13 unnecessary to protect against an unforeseen parking problem, then it is Council's legal prerogative to delete these conditions and approve the variance with the 11 spaces proposed or 9 that will most likely be provided. DONALD D. LAMM, Director of Community Development DDL:do attach: Conditions Bob Ledendecker memo Ordinance No. 510 ~ Communily Development Deparlment J COHDITIOHS OF APPROVAL VARIANCE ~0. 85-5 1l. 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 floor, site elevations and elevations of adjacent properties shall be submitted for review and approval. 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: a. County Sanitation District No. 7 sewer connection fee based $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 Oevelopmen~ Depar~rnen{ Conditions of Approval Variance 85-5 page two 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 E1Camino 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. ~ Communi~, Developmen[ Depar~rnen~ J E PUBLIC HEARING NO. 1 OCTOBER 23, 1985 TO: WILLIAM HUSTON, CITY MANAGER FROM: BOB LEDENDECKER, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER SUBJECT: APPEAL OF VARIANCE NO. 85-5 - 205 EL CAMINO REAL RECOMMENDATION: Pleasure of the City Council. BACKGROUND: On October 21, 1985, the City Council under a public hearing took testimony regarding the subject appeal for Variance No. 85-5 at 205 E1Camino Real. A portion of the applicants appeal requested the deletion of Condition of Approval No. 9 and No. 10 as outlined in Planning Commission Resolution No. 2269 dated september 24, 1985. The public hearing on this item was continued to the City Council meeting scheduled for November 4, 1985. DISCUSSION: Condition No. 9 states the following: 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' X 5'. In the event this dedication interferes with roof overhangs, it shall be decreased in size. The intent of this right-of-way dedication was to enhance the public access as it relates to the handicap ramp constructed with the E1Camino Real street improvements. This was not a Public Works condition of approval, but merely a suggestion, as outlined on the attached inter-office memo. (Attachment A). Attachment B shows the suggested dedication at the northwesterly corner of the site. It also shows the proposed entrance to Ruby's Restaurant as a step-up into the building in lieu of a handicap ramp, as outlined by the applicant at the public hearing. The additional dedication was not pursued at the time of the E1Camino Real improvements so as to minimize impacts to the existing facilities/businesses at that time. The existing condition is functioning adequately at this time, but could certainly be improved by the dedication as suggested. In the event the applicant does not utilize this area for handicap access to the building then it is suggested that the dedication requirement be upheld. OCTOBER 23, 1985 PAGE 2 Condition No. 10 states the following: The alley has a sewer easement for maintenance purposts, 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. The area designated as an alley on Attachment "C" is in fact an easement for sewer purposes/maintenance only and not vehicular access. If the adjacent property to the east desires to restrict vehicular access over their property, the resultant travelway would be restricted to 7' -6" which is insufficient to gain access to and from the two parking spaces No. 10 and 11. Staff suggests these two parking spaces be deleted unless the 15 ft. wide sewer easement can be utilized as a public access for vehicular traffic. Bob Ledendecker Director of Public Works/City Engineer BL:jr Attachment cc: Community Development Department OATE; JULY 23, 1985 " Inter- Corn TO~TT#: FROM: SUBJECT: COMMUNITY DEVELOPMENT DEPARTMENT JEFF DAVIS) ASSOCIATE PLANNER BOB LEDENDECKER, DIRECTOR OF PUBLIC WORKS/CITY ENGIN£ER VARIANCE NO. 85-5 . The subject plan has been reviewed with the following con~nents and/or concerns: 1, Any missing or damaged street Improvements on either street frontage should be installed or replaced~ These improvements should be shawn on a 'civil site p!an' and all construction so noted with applicable city standard drawing re?erences. These improvements would Include but not be limited to: a. Sidewalks b. Curb and gutter ¢. Drive aprons 2. A grading plan delineating.all finish floor, site elevations and · elevations of adjacent properties shoUld be submitted for review and 3./~-t-~ould be beneficial for the city to obtain a right-of-way dedlcati?"~ / at the northwesterly ~orner of the property in the shape of a triangularI } corner 'cut-off 5 X 5 . This will provide improved public sidewalk) k~ access with respeEt to the handicap ramp at the corner. In the event / ~______~.~ould b~e a problem for v. eh!cu~lar access to parki..~_~.ispaces ]0 and 1_~. 5. Payment of the following fees will 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 lar§er. b. East Orange County Water District fees for new building area. Contact Earl Rowenhorst of Tustin Water Service for fee amounts. 6. The developer may be required to enter into an agreement with the City of Tustin for participation in a fee program (if adopted by the Tustin City Council) for implementation of the Eastern/Foothill Transportation Corridor. Said agreement shall provide that: VARIANCE NO. 85-5 JULY 23, 1985 PAGE 2 Ce de The fee shall not exceed that amount as established by the nine partt(ipating agencies within the Area of Benefit. Subdlvtder's obllgat4on to pay fee ~uld only commence after the City -establishes a fee program but not prior to issuance of building p~rmits. " Subdivtder's obligation to pay fee would cease if the fee program were not established within three years of the issuance of building permits. Subdivider shall furnish su.cety bond or money to assure payment of .said fees. Bob Leden~ecker Director of Pubitc Works/City Engineer BL:jr 1 2 6 ? 8 9 10 1! 12 l& 15 16 17 18 19 2O 21 22 24 25 26 27 28 29 30 31 0RDI~ANCE NO. 510 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIF©P~NIA, A~ENDING THE ZONING ORDINANCE, ORDI~.~ANCE NO. 157, AS -~-qENDED, ADOPTING THE EL CA£.~I~O REAL DEVELOP~ENT (SPECIFIC PLAN NO. 1) The City Council of the City of Tusti~, does ordain as follo~s: The Zoning Ordinance, Ordinance No. 157, as amended is hereby amended by the addition thereto of Section 4.17. SECTION 4.17 E1 Camino Real - Specific Plan ~o. 1: a) In order to promote the goals and objectives of the General Plan and to encourage the orderly developmen and redevelopment of commercial and professional land uses in the Town Center area, there is hereby established by this Ordinance, The E1 Camino Real Commercial Area Specific Plan No. 1. b) Plan Boundaries: The area encompassed by Specific Plan No. 1, depicted by Figure 1, shall be bounded by a line starting at a point at the center-line of the inter- section of "C" Street with Sixth Street; easterly on Sixth Street to a point 400 feet easterly of the centerline of the intersection of Sixth Street and E1 Camino Real; thence northerly on an alignment with the easterly boundary of Prospect Avenue to the centerline of the intersection of Prospect Avenue and First Street; thence westerly to the point of beginning. c) Permitted Uses: Subject to the general provisions, exceptions and restrictions as herein provided, all uses shall be permitted in the Downtown Commercial Area as are authorized in the Retail Commercial District (C-l) . d) Limitations on Permitted Uses: Ail uses in the E1 Camino Real Commercial Area shall be subject to the following limitations: 1) No structure other than motels and hotels shall be permitted mixed residential and com.~ercial uses. 2) No merchandise shall be displayed nor advertised for sale on or over public right-of-way. This section is not to be construed as restricting nor limiting the outside display and sale of merchandise on private property within the district. 6 7 8 9 10 11 12 2~ 22 23 2~ 25 ~6 27 25 29 3O e) Authorized and Encouraged Uses: The following uses are authorized and encouraged for this area %~ith the i'nterest of creating a Commercial Village Atmosphere: Pipe & Tobacco Shops Wine Tasting Rooms Leather Goods Candle Shops Boutique Coffee Shops Ethnic Restaurants (Spanish, ~!exican, French, German) Hobby Shops Delicatessens Lamp Shops Yardage Goods Knit Shops Ice-Cream Parlors Jewelry Shops Wrought Iron Ware Art Galleries General Offices Photographers's Studios Gift Shops China and Crystal The above list of potential uses is not all encompassing but typifies the character of uses that illustrate the desired image. f) Site Plan and Elevations Required: Prior to the issuance of a building permit for any building, structure, or structural alteration, and prior to the improvement or modification of any parking lot, a site plan and/or building elevaticn plan shall be approved by the Development Preview: Commission as set forth by Ordinance $~o. 439. g) Site Development Standards and Exceptions: In order to provide maximum flexibility in design and development for various lot sizes, consistent with a concept of village environment, the following criteria and exceptions shall become applicable: Front building setbacks may be established at the property line except for corner properties requiring a five foot (5') line of sight clearance. Rear yard setbacks shall be established at fifteen (15) feet from the rear property line, or in the event the development extends to the next intervening street, the rear setback line shall be construed as the frontage on "C" or Prospect Streets. As an exception to the general sections of this chapter and other provisions of the Zoning Ordinance, when commercial and professional properties are developed or converted to per- mitted uses under the provisions of ~his 0rdinan< on-site parking requirements may be modified under any one or a combination of the folio%zing provisions. 2 $ 4 5 6 ? 8 10 !2 '15 15 17 18 19 20 22 23 24 25 26 27 28 29 3O 31 (a) Property or properties that lie in within a V~hicle Parking Assessment District or Business Improvement Area shall be exempt from the requirement for on-site parking accommodations, subject to the provisions of the parking or improvement district ordinance. (b) On-site parking requirements mai' be waived upon the presentation to the City of a long term lease, running with and as a condition of the business license, for private off- site parking accommodations within 300 feet of the business or activity to be served. (c) Ail or a portion of required number of parking spaces may be satisfied by depositin( with the City an amount, to be used for public parking accor~.odations within the area. equal to 4 times the assessed value as determined from the latest assessment roll of the County Assessor, of 200 s~uare feet of land within the area, for each required parking space not otherwise pro- vided. 4. Architectural styles shall be authorized by the Development Preview Commission upon a finding that -~rcposed developments are compatible with and complementary to the village motif. Renovatio of existing victorian and western style buiidings and construction of others of similar style and compatible Spanish motif are encouraged. 5. Landscaping plans for areas exposed to public view shall be required as an integral of site development plans. 6. Signs shall be of uniform size, color and style limited to twenty (20%) percent of the front wall area of any one single business or office plus one free-standing complex or mall identification sign not to exceed 200 square feet with permitted identification of the business or professions within the complex of twenty (20) square feet maximum for each such occupant. h) Public Improvements: Public improvements contributing to the motif of the area and the intent of this ordinance are to consist of the following: 1) Street furniture for convenience of the pedestrian shopper to consist of benches and trash recep- tacles. 2) Street lighting with the use of stanchions and fixtures that contribute to the development 1 2 3 4 5 6 7 8 9 I0 tl 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 4) The use of ;~ishing ;{el!s as theme and area identity. 5) Street and traffic patterns that segregate vehicle from pedestrian traffic by providing rear access to parking accommodations, delivery services, and through traffic, with frontage accommodations for pedestrians and short term convenience parking. PASSED AND ADOPTED at a regular meeting of the Tustin, City Council, held on the 6th day of j~, , 1971. ~ ~AYOR ' -- ATTEST: