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HomeMy WebLinkAboutPC RES 3140 2 3 4 5 6 8 9 ]0 12 ~3 ~4 15 ~6 17 18 20 21 22 2~ 24 25 26 27 28 RESOLUTION NO. 3140 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING VARIANCE 93-003 AUTHORIZING AN ARCHITECTURAL PROJECTION TO ENCROACH FOUR FEET iNTO A SIDEYARD SETBACK INSTEAD OF THREE FEET AT 14351 MYFORD ROAD. The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: a o That a proper application, Variance 93-003 has been filed by Silicon Systems to permit an architectural projection to encroach four feet into the ten foot sideyard setback instead of three feet at the property located at 14351 Myford Road. B o That a public hearing was duly noticed, called and held by the Planning Commission on May 24, 1993. C · The Planning Commission has reviewed the subject request for a variance for the proposed storage roof structure and has made the following findings: Granting the variance shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and district in which the project is situated in that the storage roof is proposed to shelter the storage containers from rain to keep traces of acid from being inadvertently washed down the storm drain or contaminating the site. The proposed roof is in the best interest cf all adjacent property owners. Should a similar request be made for another site, a variance would likely be considered · favorably in the interest of the public health, welfare and safety. · There are unusual or exceptional circumstances applicable to the property, including size, shape, topography, location or surroundings which deprive the subject property of privileges enjoyed by other properties in the area, in that: a · The necessary storage shelter cannot be constructed elsewhere on the properEy as there is no other outdoor location large enough to accommodate the storage bins which $ 10 13 14 17 19 ~0 22 ~4 ~7 ~8 Resolution No. 3140 Paae 2 would be covered by the proposed storage shelter. b o Limiting the roof to seven feet from the property line as permitted by code would not be practical as the requested overhang is necessary to allow water running off the back of the roof to enter the storm drain. The project is categorically exempt (Class 1) from the California Environmental Quality Act pursuant to Section 15301. ii. The Planning Commission hereby approves Variance 93-003 to autho~z~ a storage roof to encroach four feet into a sideyard setback at 14351 Myford Road, subject to the conditions contained in Exhibit A, attacher hereto. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 24th day of May, 1993. KATHLEEN CLANCY Secretary ,..., Chairperson STATE OF CALIFORNIA ) COUIfTY OF ORANGE ) CiTY OF TUSTiN ) I, KATELEEN CLANCY the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3140 was duly passed and adopted at a regular meeting of the Tustin Planning = May ~993 Commission, held on the 24th day o~ , _ . KATHLEEN CLANCY Recording Secretar EXHIBIT A CONDITIONS OF APPROVAL VARIANCE 93-003 14351 MYFORD ROAD A. GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped May 24, 1993 on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development in accordance with this exhibit. Minimal modifications may be approved by the Director of Community Development if such modifications are found to comply with applicable standards and the scope of this project. (1) 1.2 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. (1) 1.3 Variance 93-003 approval shall become null and void unless all building permits are issued within twelve (12) months of the date of this exhibit. (4) 1.4 Any public improvements damaged by the applicant adjacent to this property shall be repaired and/or replaced as determined by the Engineering Division and shall include, but not be limited to, curb and gutter, street paving and drive apron. (2) 1.5 Ail construction shall be in accordance with the 1991 UBC, applicable City Codes and the City's Security Code. (!) 1.6 Approval of Variance 93-003 is contingent upon the applicant signing and returning an "Agreement to Conditions ~mposed" ~ ~ _ =orm, as es~ab!ished by the Director of Community Development. (!) 1.7 The applicant shall hold and defend the City of Tustin harmless from all claims and liabilities out of City's approval of the entitlement process of this project. SOURCE CODES (1) STANDARD CONDITIONS (2) PLANNING COMMISSION POLICY (3) MI/NICIPAL CODE (4) UNIFORM BUILDING CODE (5) RESPONSIBLE AGENCY REQUIREMENT Exhibit A Conditions of Approval Variance 93-003 Page 2 (1) 1.8 Ail materials shall be enclosed within the approved storage area. All outdoor storage shall be enclosed by a screen fence, the locations and construction of which shall be permitted by the Comunity Development Department. (5) 1.9 Ail chemicals stored in the subject storage area shall meet all applicable Uniform Fire Code and Uniform Building Code requirements for hazardous material stcrage. B. PLAN SUBMITTAL (1) 2.1 At plan check, submit three (3) sets of construction plans. Requirements of the Uniform Building Code shall be complied with as approved by the Building Official. No field changes shall be made without corrections submitted to and approved by the Community Development Department. C. FIRE DEPARTMENT (4) 3.1 At plan check, provide a letter of intended use to Fire Chief. Include information as to the t~e of items to be stored in t~is = ~ac_~_ty. (4) 3.2 Prior to issuance o~ permits, the applicant shall provide - of ~ a lis~ all hazardous, ~lammab!e and combustible m=~e_mals or _iauids to the ~ire Chie~ Include the proposed quantities. These liquids and materials are to be classified according to the "Hazardous Material Definitions" handout from the Orange County Fire Department. Provide a summary sheet listing each hazard class, the total quantity of chemicals stored in that class and the total quannity of chemicals used in that class. Ai~ ~ . ~orms of materials are to be converted to units of measure in pounds, gallons and cubic feet. Compressed gases and compressed liquified gases are to be conver~ed to cubic ~ee~. (4) 3.3 Prior ~o the issuance of any building permits, construction details for any controlled entry access shall be approved by the Fire Chief. These details shall include width, clear height, and means of emergency vehicle over-ride, installation of controlled entry Exhibit A Conditions of Approval Variance 93-003 Page 3 access will have an impact on emergency vehicle response time. (4) 3.4 Prior to the issuance of building permits, all underground piping for automatic fire extinguishing systems shall be operational prior to the issuance of a certificate of use and occupancy, if required. (4) 3.5 Indicate all existing fire hydrants on the site plan. (4) 3.6 The following notes shall be provided on the site plan: A, Fire Department Final Inspection Required. Schedule inspection ~ days in advance. Phone (714) 832-1011. B , Locations and classifications of extinguishes to be determined by fire inspector. C o Storage, dispensing or use of any flammable and combustible liquids, flammable and compressed gasses and other hazardous materials shall comply with Uniform Fire Code Regulations. D o Building no~ approved for high piled combustible storage. Materials in closely packed piles shall not exceed 15 feet in height, 12 feet on pallets or in racks and 6 feet for tires, plastics and some flammable liquids if high stock piling, comply with UFC, Article 8! and NFPA standard 231, 231C and 231D. E · Plans of modifications to or new fire protection, detector or alarm system shall be approved by the Fire Department prior to installation. D. BUILDING DIVISION (4) 4.1 At plan check, submit a MDS (material data sheet) and a (2) %echnica! opinion and report prepared by a qualified person, firm or corporation identifying methods of protection from all hazards presented by the hazardous material stored in the existing storage area. The Exhibit A Conditions of Approval Variance 93-003 Page 4 opinion and the report many include, but is not limited to, the preparation of a hazardous materials management plan, chemical analysis; recommendations for methods of isolation, separation, containment, or protection of hazardous materials or processes, including appropriate engineering controls to be applied; the extent of change in the hazardous behavior to be anticipated under conditions of exposure to fire or from hazard control procedures and limitations or conditions of use necessary to achieve and maintain control of the hazardous material or opera~ions. (4) 4.2 Classify the occupancy group of the proposed waste (2) chemical storage per UBC and technical report of Item 4.1, abo~e. Submit plans and specifications complying with applicable requirements of the UBC and UFC. (4) 4.3 At plan check identify the areas on the floor plan that (2) are H-occupancies, e.g. H-I, H-2, etc. and the B-2 occupancies. (4) 4.4 At plan check indicate the Use (Occupancy Group) of the (2) equipment yard adjacent to the chemical storage area to be roofed. (4) 4.5 The applicant shall obtain all necessary permits and (2) approvals, if applicable, from the Orange County Health Care Agency related to the operation and monitoring of the storage area. E. FEES Payment of all Building plan check and permit fees shall be made to the Community Development Depa_~men~ prior to the issuance of any building permits in accordance with the ?ustin City Code.