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Home My WebLink AboutPC RES 3012 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 23 ~4 ~5 26 ~7 RESOLUTION NO. 3012 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING VARIANCE 92-001, TO ALLOW A VARIANCE FROM CITY CODE SECTION 9297 "PARKING SPACES" RELATING TO THE INSIDE CLEAR AND UNOBSTRUCTED DIMENSION FOR COVERED PARKING OF AUTOMOBILES ALLOWING A REDUCTION OF THE REQUIRED TEN (10) FOOT MINIMUM WIDTH TO NINE (9) FEET, FOUR (4) INCHES IN WIDTH TO REPLACE CARPORTS WHICH WILL BE DEMOLISHED FOR FREEWAY WIDENING AT THE APARTMENT COMPLEX AT 15491 PASADENA AVENUE. The Planning Commission of the City of Tustin does hereby resolve as follows: I · The Planning Commission finds and determines as follows: A® That a proper application, Variance 92-001 has been filed by Gerald Minich, on behalf of Mansoor Roshan to request a Variance from City Section 9297 "Parking Spaces" relating to the inside clear and unobstructed dimension for covered parking of automobiles allowing a reduction of the required ten (10) foot minimum width to nine (9) feet, four (4) inches in width to replace carports which will be demolished for freeway widening at the apartment complex at 15491 Pasadena Avenue. B· That a public hearing was duly called, noticed and held for said application on March 9, 1992. C· That the Planning Commission has reviewed the request for a Variance from the City Code Section 9297 for the apartment complex located at 15491 Pasadena 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. Three thousand, seven hundred and five-square feet of property was acquired from the parcel by Caltrans, substantially trimming a corner of the property where carports and parking spaces currently exist ir order to prepare for freeway ramp wiaening. The 1 2 3 4 5 6 8 9 10 11 12 13 14 15 17, I. 21 Resolution No. 3012 Page 2 · · existing improvements on the property have not been changed, but the site has been substantially altered by the acquisition. Additional land that will be transferred to the property owner by Caltrans is configured in such a way that in relation to the existing improvements at the apartment complex it is impossible to construct twelve (12), ten foot wide carports. Granting the variance will not convey a special privilege to the property owner which is not enjoyed by other property owners in the vicinity. This is one of the few freeway properties that was impacted by the Caltrans acquisition which cannot be reconfigured to meet current parking standards without additional property on which to erect carports and parking spaces. The property owner is faced with a hardship given the existing improvements since the Caltrans acquisition. The granting of the variance will not be detrimental to adjacent and surrounding properties. Design of the new carports shall be compatible with existing carport structures. All new materials, finishes and colors shall match existing carport materials, finishes and colors. The proposed site modifications, with conditions, will meet all other City requirements. 2'2 23' 24 25 26 27 28~ 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 92-001 to reduce the required ten (10) foot minimum width to nine (9) feet, four (4) inches in width to replace carports which will be demolished for freeway widening at the apartment complex located at 15491 Pasadena Avenue. 1 2 3 4 5 6 8 9 10 11 12 13 14 15 17 18 19 20 21 22 23 24 25 26 27' 9.8 Resolution No. 3012 Page 3 PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 9th day of March, 1992. Chairman KATHLEEN CLANCY~ 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. 3012 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 9th day of March, 1992. KATHLEEN CLANCY ~- Recording Secretary ~ BCS:nm EXHIBIT A FINDINGS AND CONDITIONS OF APPROVAL VARIANCE 92-001 A. GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped March 9, 1992 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 Upon transfer of the subject Caltrans property to the owner of 15491 Pasadena Avenue, construction of garages and parking areas shall begin within sixty (60) days. Variance 92-001 approval shall become null and void if construction has not begun within this sixty (60) days. Construction of the garages shall be completed within eighty (80) days. (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 198F UBC, applicable City Codes and the City's Security Code, including location of handicapped stalls and access requirements. (1) 1.6 Approval of Variance 92-001 is contingent upon the applicant signin9 and returning an "Agreement to Conditions Imposed" form, as established by the Director of Community Development. (4) 1.7 No alterations to the existing apartment structure are approved with Variance 92-001 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 - Findings & Conditions of Approval Variance 92-001 Resolution No. 3012 Page 2 (4) 1.8 Applicant shall immediately provide the Community Development Department with written notification upon Caltran's release of the construction easement. (4) 1.9 Construction of the remaining three (3) carports shall be completed within sixty (60) days of release of the Caltran's construction easement at 15491 Pasadena Avenue. (4) 1.10 The inside clear and unobstructed width of the garages must be nine feet, four inches (9'-4"). B. SITE CONDITIONS (4) 2.1 Height of storage cabinets inside the carport structure shall be indicated on plan check submittal and is subject to the approval of the Community Development Department Director. Storage shall be high enough to allow vehicle clearance. (4) 2.2 Submit at plan check complete detailed landscaping and irrigation plans for all landscaping areas consistent with adopted City of Tustin Landscaping and Irrigation Submittal Requirements. (5) 2.3 Design irrigation system to provide sufficient coverage avoiding water overspray on buildings and sidewalks. (5) 2.4 Any unused space resulting from design of the parking area shall be landscaped. (5) 2.5 Ail newly planted trees must be staked according to City Standards. (5) 2.6. Shrubs shall be a minimum of five (5) gallon size and shall be spaced a minimum of five (5) feet on center when intended as screen planting. (5) 2.7 Ground cover shall be planted between eight (8) and twelve (12) inches on center. (5) 2.8 When one (1) gallon plant sizes are used, the spacing may vary according to the material used. (5) 2.9 Ail plant material shall be installed in a healthy vigorous condition typical to the species. Exhibit A - Findings & Conditions of Approval Variance 92-001 Resolution No. 3012 Page 3 (5) 2.10 Landscaping shall be enclosed by minimum six (6) inch high concrete curbs. (5) 2.11 Select and locate plant materials to promote water and energy conservation. (5) 2.12 Ail 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. (5) 2.13 Ail landscaped areas shall be provided with a permanent and adequate means of irrigation which is adequately maintained. (5) 2.14 Backflow preventions shall be provided including screening for backflow units. (5) 2.15 Enclose all irrigation controllers in lockable housing. C. FIRE DEPARTMENT (5) 3.1 Ail Fire Department requirements related to access and hydrant locations shall be reviewed and approved by the Fire Chief. D · PLAN SUBMITTAL 4.1 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. Nc field changes shall be made wi~nou~ corrections submitted ~o and approved by the Community Development Department. 4.2 A separate complete set of construction plans will be required for the three (3) carports located in the construction easement. FEES 5.1 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, Tustin Unified School District fees.