HomeMy WebLinkAboutCC 13 VARIANCE 85-5 11-18-852
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The City
The
A.
'~ CONSENT CALENDAR
NO. 13
/!-'17- ,~$ ll-18-SS
RESOLUTION NO, 85-11¢
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, UPHOLDING THE DECISION OF
THE PLANNING COMMISSION BY APPROVING VARIANCE
NO. 85-5, ALLOWING AN EXISTING NON-CONFORMING
RESTAURANT AT 205 EL CAMINO REAL TO VARY WITH
THE PARKING REQUIREMENTS IN THE C-2 ZONE
Council of the City of Tustin does hereby resolve as follows:
City Council 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.
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 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 flnd4ngs:
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.
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)
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. 85-114
page two
II.
H. Final sign plans shall require the review and approval of the
Community Development Di rector.
I. The Planning Commission considered and approved this variance at
its regular meeting of September 23, 1985 by the adoption of
Resolution No. 2269. This Council resolution supercedes the
adopted Planning Commission resolution.
The City Council hereby upholds the decision of the Planning
Commission and 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 E.xhibit "A".
PASSED AND ADOPTED at a regular meeting of the Tustin City Council held on
the day of 198 '
PRANK H. GREINKE, Mayor
MARY E. WYNN, City Clerk
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mml
CONDITIONS OF APPROVAL
VARIANCE NO. 85-5
e
o
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 C~mmunity 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
Payment of the following fees shall be required'at the time a building
permit is issued:
be
County Sanitation Disirict No. 7 sewer' connection fee based upon
$50.00/1,000 sq. ft. of new building area or $250.00 whichever is
larger.
East Orange County Water District fees for new building area.
Community Development Department