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Home My WebLink AboutPC RES 340610 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 3406 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING VARIANCE 95-012 TO REDUCE THE MINIMUM SIDE YARD SET BACK FROM 10 FEET TO 0 FEET TO ACCOMMODATE THE CONSTRUCTION OF AN EXTERIOR CANOPY ON THE PROPERTY LOCATED AT 14352 FRANKLIN AVENUE. The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: ae That a proper application, Variance 95-012, has been filed by Silicon Systems to reduce a portion of the minimum side yard setback from 10 feet to 0 feet for an outdoor canopy on the property located at 14352 Franklin Avenue. Be That a public hearing was duly noticed, called and held by the Planning Commission on December 11, 1995. Ce The Planning Commission has reviewed the subject request for a Variance to reduce the required minimum side yard setback and has made the following findings: lo That any Variance granted shall be subject to such conditions as will assure that the adjustment 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. The Variance will not result in a grant of special privilege or development. Development intensity 'will not increase, nor will the physical environment experience any deficiency as a result of this Variance. The proposed Variance does not authorize nor does it propose any new gross leasable square footage or expansion of building operations. All other development standards related to building height, separation, setbacks and parking which effect the built environment will be maintained, including the General Plan Land Use Element Floor Area Ratio standards. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 3406 Page 2 · 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· There are special circumstances applicable to the subject site in that the immediate surroundings contribute towards obscuring the applicants main entrance. The sole business frontage faces the interior of the project. site between two groupings of trees resulting in very l'ow visibility. The proposed canopy is intended to accent the applicants main entrance and offer their 'employees overhead protection from inclement weather not currently available to the applicant but to adjacent buildings. The subject site consists of three other buildings in a campus like setting arranged around a common parking area located in front of Suite B. Moreover, since the subject Suite B is separated from another building by distances of 100 feet plus, the proposed encroachment will not give the appearance of increased density/intensity or otherwise subvert the intent of the Zoning Code to control the distance between structures. With the encroachment, the canopy will be located at least 100 feet from another structure. The Variance allows the applicant to have an easily identifiable main entrance to their business similar to the adjacent businesses that face Myford Road or Franklin Avenue. De This project has been determined to be Categorically Exempt (Class 5) pursuant to the provisions of Section 15305 of .the California Environmental Quality Act. II. The Planning Commission hereby approves Variance 95-012 to reduce a portion of the minimum side yard setback from 10 feet to 0 feet to accommodate the development of an exterior canopy on the property located at 14352 Franklin Avenue, subject to the conditions contained in Exhibit A, attached hereto. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 3406 Page 3 PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 11th day of December, 1995. Chairpefson ' Recording Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, BARBARA REYES the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3406 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the llth day of December, 1995. Recording Secretary EXHIBIT A VARIANCE 95-012 CONDITIONS OF APPROVAL RESOLUTION NO. 3406 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project, date stamped December 11, 1995 on file with the Community Development Department, as herein modified, or as modified'by the Director of 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 or other applicable regulations. (1) 1.2 Variance approval shall become null and void unless all permits for the proposed outdoor canopy are issued within twelve (12) months of the date of this Exhibit. Time extensions may be granted by the Planning Commission if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.3 Approval of Variance 95-012 is contingent upon the applicant/property owner signing and returning an "Agreement to Conditions Imposed" form as established by the Director of Community Development. (1) 1.4 The applicant shall hold and defend the City of Tustin harmless for all claims and liabilities arising out of the City's approval of the entitlement process for this project. BUILDING DIVISION (3) 2.1 The proposed canopy shall comply with all Building Codes, City Ordinances and the State and Federal laws and regulations. · (5) 2.2 At the time of building'permit application, if submitted prior to January 2, 1996, the plans shall comply with the 1991 Uniform Building Code, other related Codes, City Ordinances, and State and Federal laws and regulations. If building permit' applications are submitted after January 2, 1996, the plans shall comply with the 1994 Uniform Building Code, other related Codes, City Ordinances, and State and Federal laws and regulations. (1) 2.3 Specifications at Building Permit plan check submittal shall reflect material call-outs on all elevations with applicable details and notes added. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQ. (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY '(4) DESIGN REVIEW Exhibit A Conditions of Approval Resolution 3406 Page 2 (1) 2.4 At plan check, submit three (3) sets of construction plans, two (2) sets of structural calculations prepared by a licensed engineer/architect. No field changes shall be made without corrections submitted to and approved by the Community Development Department. FEES (1) 3.1 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 $25.00 (twenty five dollars) to enable the City to file the appropriate environmental determination for the project. If within such forty-eight (48) hour period that the applicant has not delivered to the Community Development Department the above-noted 'check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened.