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HomeMy WebLinkAboutPC RES 362420 24 ')6 _17 RESOLUTION NO. 3624 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING VARIANCE 98-005 TO ALLOW AN EXPANSION TO ALLOW INSTALLATION OF A CHILLER ROOM AND COOLING TOWERS IN THE REQUIRED SETBACK ALONG INDUSTRIAL DRIVE FOR THE PROPERTY LOCATED AT 1452 EDINGER AVENUE. Planning Commission of the City of Tustin does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That a proper application for Variance 98-005 has been filed by E/C Engineering on behalf of Pacific Bell requesting an expansion to accommodate a chiller and cooling towers within the required setback requirement along Industrial Drive for the property located at 1452 Edinger Avenue. Bo That a public hearing was duly called, noticed and held for said item by the Planning Commission on October 26, 1998. C, That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the 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 classifications in that: The existing buildings with an approximate fourteen (14) foot setback were constructed prior to the adoption of the Pacific Center East Specific Plan which now requires a thirty (30) foot setback from Industrial Drive. The existing cooling equipment and utility infrastructure is located where any expansion would necessitate encroachment into the required setback. The constraints of the existing development and utility infrastructure preclude relocating the equipment to another portion of the site. . The property also has an inordinate amount of street frontage along Industrial Drive with extensive landscaping. The minor encroachment would not compromise the intent of the Specific Plan to provide an attractive streetscape. D. That any vadance granted shall be subject to such conditions as will assure that the setback reduction thereby authorized shall 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 in that: esolution No. 3624 e2 . The granting of this Variance would not constitute a special privilege. The cooling towers would be placed in line with the existing walls of the Fitness Center Building that presently encroach into the setback, thereby, making a logical addition. Other properties on Industrial Drive have structures encroaching into the setbacks along Industrial Drive which were established prior to the adoption of the Pacific Center East Specific Plan. E. That this project involves the construction of minor modifications to an existing office building and is, therefore, categorically exempt (Class 1) from the requirements of the California Environmental Quality Act, (CEQA) pursuant to Section 15301 of the State CEQA Guideline. The Planning Commission hereby approves Variance 98-005 to allow an expansion for the chiller equipment and cooling towers that will be located 9'-2" from the property line along Industrial Drive for the property located at 1452 Edinger Avenue, subject to the conditions contained in Exhibit A, attached hereto. ]4 ]6 AND ADOPTED at a regular meeting of the Tustin Planning Commission, held the 26th day of October, 1998. LESLIE PONTIOUS · Chairperson 20 2] ELIZABETH A. BINSACK Planning Commission Secretary 24 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) !, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3624 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 26th day of October, 1998. E[IZABE~'H A. BIN~ACK Planning Commission Secretary (1) (1) GENERAL EXHIBIT A - RESOLUTION 3624 CONDITIONS OF APPROVAL VARIANCE 98-005 1452 EDINGER AVENUE 1.1 1.2 The proposed project shall substantially conform with the submitted plans for the project date stamped October 26, 1998, on file. with the Community Development Department, as herein modified, or as modified by the Director of the Community Development Department in accordance with this Exhibit. The Director of Community .Development may also approve subsequent minor modifications to plans during plan check if such modifications are to be consistent with provisions of the Tustin City Code. 1.3 Variance approval shall become null and void unless building permits are issued within twelve (12) months of the date of this Exhibit. 1.4 Approval of Variance 98-005 is contingent upon the property owner signing and retuming an "Agreement to Conditions Imposed" form as established by the Community Development Department. Unless otherwise specified, the conditions contained in this Exhibit shall be complied with prior, to the issuance of any building permits for the project, subject to review and approval by the Community Development Department. The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of a challenge of the City'S approval of this project. PLAN SUBMITTAL (1) 2.1 All new construction shall be consistent in materials, style, treatments and details with the existing elements. The screen wall at the perimeter of the chiller yard shall be raised to screen the equipment subject to final approval by the Community Development Department. SOURCE CODES '- (2) (3) (4) STANDARD CONDITION CEQA MITIGATION UNIFORM BUILDING CODE/S DESIGN REVIEW EXCEPTIONS (s) (s) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY Exhibit A Resolution No. 3624 VAR 98-005 Page 2 (1) 2.3 Plans for remodeled area shall comply with applicable codes, City -Ordinances and the state and federal laws and regulations to include: 1994 Uniform Building Code with California Amendments 1994 Uniform Mechanical Code with Califomia Amendments 1994 Uniform Plumbing Code with California Amendments 1993 National Electrical Code with California Amendments T-24 California Energy Efficiency Standards FEES (1) 3.1 Prior to issuance of any building permits, payment shall be made of all applicable building plan check and permit fees to the Community Development Department. Payment shall be required based on those rates in effect at the time of payment and are subject to change. (1) 3.2 Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the County Clerk, in the amount of $38.00 (thirty eight dollars) to enable the City to file with the County Clerk, the appropriate environmental documentation pursuant to the California Environmental Quality Act. If within such forty-eight (48) hour period, the applicant has not delivered to the Community Development Department the above noted check, the approval for the project granted herein shall be considered automatically null and void.