The URL can be used to link to this page

Home My WebLink AboutPC RES 3120 1 3 4 5 6 ! 8 9 10 11 12 13 14 15 16 17 18 19 9~0 21 23 25 28 RESOLUTION NO. 3120 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING VARIANCE 92-011, TO ALLOW A VARIANCE FROM: 1) CITY CODE SECTION 9273, RELATING TO THE ALTERATION OF A NONCONFORMING USE; 2) CITY CODE SECTION 9241(A) (18), RELATING TO OUTDOOR STORAGE WITHOUT SOLID FENCING; AND 3) CITY CODE SECTION 5502(K), RELATING TO PARKING ON AN UNPAVED SURFACE AT 15171 DEL AMO 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 92-011 has been filed by Michael Greenwalt to request a Variance from: 1) City Cod~ Section 9273 to allow the alteration of a nonconforming use; 2) City Code Section 9241(a) (18) to allow outdoor storage without solid fencing; and 3) City Code Section 5502(k) to allow overnight parking on an unpaved (gravel) surface at 15171 Del Amo Avenue, Tustin. Be That a public hearing was duly called, noticed and held for said application on March §, 1993 by the Planning Commission. Ce That the Planning Commission has reviewed the request for a Variance from City Code Sections 9273, 9241(a)(18), and 5502(k) for the moving and storage business located at 15171 Del Amo Avenue and has made the following findings: · There are unusual or exceptional circumstances applicable to the property including size, shape, topography, location or surroundings which do not apply to other properties in the vicinity. The property is located within an area of the Pacific Center East Specific Plan that is planned to accommodate major new development and public improvements. Prior to the implementation of the Plan, which includes the demolition of the existing structure and the realignment of Del Amo Avenue, the existing structures which are suited for industrial uses such as warehousing could accommodate the 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19, 20 21 22 23 24 25 26 27 28 Resolution No. 3120 Page 2 continuation of industrial uses previously authorized until such time the Specific Plan is implemented. The expansion would result in minimal physical improvements and would not add any floor area to the existing structure. , Granting the variance will not permit special privileges to the applicant that are inconsistent with the limitations upon other properties in the district. Similar to other businesses in the vicinity, the use would be able to operate only until such time the first phases of the Specific Plan are implemented. Chain link fencing with redwood slats would provide some screening, and outside storage areas on other properties in the vicinity also utilize chain link fence to secure storage areas. The subject property is located in an area which is currently occupied by many industrial uses, at which commercial vehicles are parked overnight. In addition, since the building is planned to be dem61ished within the next several years, the proposed compacted gravel, all weather surface is appropriate and would not constitute a grant of special privilege. De This project is Categorically Exempt from the requirements of the California Environmental Quality Act, pursuant to Section 15301 (Class 1). II. The Planning Commission hereby approves Variance 92-011 to: 1) alter a nonconforming use; 2) store vehicles outdoors without solid fencing; and 3) park trucks on an unpaved surface at the moving and storage business located at 15171 Del Amo Avenue, subject to the conditions contained in Exhibit A attached hereto. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 3120 Page 3 PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 8th day of March, 1993. Chair~u~rson Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, KATHLEEN CLANCY, the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3120 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 8th day of March, 1993. LANCY' Recording Secretary EXHIBIT A CONDITIONS OF APPROVAL VARIANCE 92-011 A. GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped February 11, 1993 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. (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 92-011 approval shall become null and void unless all conditions of approval are satisfied as determined by the Community Development Director, within thirty (30) days from the date of this approval. (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 1988 UBC, applicable City Codes and the City's Security Code, including location of handicapped stalls and access requirements. (1) 1.6 Approval of Variance 92-011 is contingent upon the applicant and property owner signing and returning an "Agreement to Conditions Imposed" form, as established by the Director of Community Development. (4) 1.7 No alterations to the existing structure are approved with Variance 92-011 approval. SOURCE CODES (1) STANDARD CONDITION (4) RESPONSIBLE AGENCY REQUIREMENT (2) UNIFORM BUILDING CODE/S (5) LANDSCAPING GUIDELINES (3) DESIGN REVIEW (6) PC/CC POLICY *** EXCEPTION (7) TUSTIN CITY CODE Exhibit A - Conditions of Approval Variance 92-011 Resolution No. 3120 Page 2 (1) 1.8 Applicant shall submit a complete business license application and required fees to the Community Development Department. (1) 1.9 Variance 92-011 shall expire upon termination of lease between property owner and applicant, but in no event later than July 31, 1996. (1) 1.10 The applicant and the property owner shall hold harmless and defend the City of Tustin for all claims and liabilities arising out of the City's approval of the entitlement process for this project. B. SITE CONDITIONS (3) 2.1 Ail commercial vehicles shall be parked only in those spaces marked "truck stalls" on the approved plans. (3) 2.2 No materials or equipment other than commercial vehicles shall be stored outside the building. (3) 2.3 Access to the site through the gate directly adjacent to Del Amo Avenue and bordering the proposed gravel parking lot shall be prohibited. (5) 2.4 Ail existing landscaping areas shall be adequately maintained. This will include but not be limited to: trimming, mowing, weeding, removal of litter, · fertilizing, regular watering, and replacement of diseased or dead plants. (3) 2.5 A compacted gravel parking area shall be installed on the unpaved southerly portion of the property as identified on the approved plans and be maintained in a weed free manner. C. PLAN SUBMITTAL 3.1 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. Exhibi~ A - Conditions of Approval Variance 92-011 Resolution No. 3120 Page 3 D. FEES (1) 4.1 Payment of the following fees shall be made prior to issuance of any building permits in accordance with the Tustin City Code: a. Ail building plan check and permit fees.