HomeMy WebLinkAboutCC RES 85-11410
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RESOLUTION NO. 85-114
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
The City Council of the City of Tustin does hereby resolve as follows-
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The City Council finds and determines as follows'
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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
lexisting non-conforming restaurant located at 205 E1 Camino
Real.
Be
That a public hearing was duly called, noticed and held on said
application.
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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 ts i~ conformance wi th. 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.
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That the granting of a variance as herein provided
constitute a grant of sPecial privilege inconsistent
limitations upon other properties in the vicinity and
in whi ch the subject property is situated.
will not
wi th the
district
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That this project is categorically exempt from the requirements
of the California Environmental Quality Act. (Class III)
Fe
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.
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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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-Resoluti on No.
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85-114
II.
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Final sign plans shall require
Community Development Di rector.
the review and approval of the
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The Planning Commission considered and approved this variance at
its regular meeting of September 23, 198~ by the adoption of
Resolution No. 2269. This Council resolution supercedes the
adopted Planning Commission resolution.
The City Council hereby upholds the decisi, on 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 Tusttn City Council,
the 18th day of November , 1985 .
ill _ ~ , ..... , , , ,
held on
FRAN'K -H-.- GREINKE, Mayor
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CONDITIONS OF APPROVAL
VARIANCE NO. 85-5
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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
at 205 E1 Camino Real.
null and void upon the demolition of the structure
All remaining signs shall be renovated.
A master sign plan shall
bui 1 ding permit issuance.
be approved for the subject project prior to
A landscape plan is required for review and approval prior to building
permit issuance.
Any changes in exterior materials and colors requi.res the review and
approval of the Community Development Department.
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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
elevations
approval.
plan delineating all finish floor, site elevations and
of adjacent properties shall be submitted for review and
PaYment of the following fees shall be required .at the time a building
permit is issued-
County Sanitation Disl~rict No. 7 sewer connection fee based upon
$50.00/1,000 sq. ft. of new building area or $250.00 whichever is
larger.
be
East Orange County Water District fees for new building area.
EXHIBIT "A"
Community Development Department
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §
CITY OF TUSTIN )
MARY E. WYNN, City Clerk and ex-officio Clerk of the City Council of the' City of
Tustin, California, does hereby certify that the whole number of the members of
the City Council of the City of Tustin is five; that the above and foregoing
Resolution No. 8B-114 was duly and regularly introduced, passed and adopted at a
regular meeting'of '~he City Council held on the 18th day ~f No~ember 1985 by the
following vote- ~ -' ·
AYES · COUNCILPERSONS. Edgar, Greinke, Hoesterey, Kennedy, Saltarelli
NOES · COUNCILPERSONS. None
ABSENT. COUNC ILPERSONS. None
F~Y E~ WYN~'C~ty C1 er~' -
City of Tus)Lgn, Call forHia