HomeMy WebLinkAboutPC RES 3002 6
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RESOLUTION NO. 3002
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, CALIFORNIA, APPROVING VARIANCE
91-21, TO ALLOW THE INCREASE OF THE MAXIMUM
HEIGHT PERMITTED FOR BULK REVERSE VENDING
MACHINES FROM TEN (10) FEET TO THIRTEEN (13)
FEET AT AN EXISTING SUPER MARKET AT THE
PROPERTY LOCATED AT 13270 NEWPORT AVENUE,
TUSTIN.
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 91-21 has
been filed by ENVIPCO California, Inc.
requesting authorization to increase the
maximum height permitted for bulk reverse
vending machines from ten (10) feet to
thirteen (13) feet at an existing super market
at the property located at 13270 Newport
Avenue.
·
That a public hearing was duly called, noticed
and held for said application on January 27,
1992.
Ce
That the Planning Commission has reviewed the
request for a Variance from Tustin City Code
Section 9232b(v) (3) to allow the increase of
the maximum height permitted for bulk reverse
vending machines from ten (10) feet to
thirteen (13) feet at 13270 Newport Avenue and
can be supported by the following findings:
The site is unusual and exceptional
circumstances exist in that, due to the
high demand for recycling facilities, the
machine must be larger to accommodate the
needs of the residents. If the machine
was reconfigured to comply with the ten-
foot maximum height, the depth would need
to be increased to accommodate the
volume. This increased depth would then
block the pedestrian circulation of the
sidewalk.
·
The strict interpretation of the Code
would deprive the applicant of providing
the recycling machines. The City Code
Section 9232b(v) (3), while established in
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Resolution No. 3002
Page 2
good faith, was adopted in September of
1987. Since that time, increased need
for recycling facilities, heightened
awareness of environmental issues and
advancements in the field of recycling
has brought forth modern technologies not
anticipated at the time of the current
Code's adoption.
·
The granting of this Variance will not
have a detrimental impact on the adjacent
and surrounding properties in that the
new machine's height and proportion is in
keeping with the surrounding buildings.
The machine also consolidates the
existing four individual machines into
one streamlined, self-illuminated
machine; reducing the visual clutter in
front of the center.
·
The Variance is consistent with the
provision of the General Plan in that use
of machines will assist the City of
Tustin in reaching the goals of Assembly
Bill 939. This Bill requires the City to
reduce the amount of refuse and solid
waste the City disposes into landfills
De
This project is Categorically Exempt from the
requirements of the California Environmental
Quality Act, pursuant to Section 15302 (Class
2).
II. The Planning Commission hereby approves Variance
91-21 to allow increase of the maximum heiaht
permitted for bulk reverse vending machines from
ten (10)'feet to thirteen' (13) feet at an existing
super market at the property located at 13270
Newport Avenue, subject to the conditions contained
within Exhibit A attached hereto.
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Resolution No. 3002
Page 3
PASSED AND ADOPTED at a regular Planning Commission
meeting on the 27th day of January, 1992.
,.
'~L~N ~..~AKR~
.~/Chairman
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.
3002 was duly passed and adopted at a regular meeting of
the Tustin Planning Commission, held on the 27th day of
January, 1992.
KATHLEEN CLANCY
Recording Secretar'-=--y
JP: r~l
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EXHIBIT A
RESOLUTION NO. 3002
CONDITIONS OF APPROVAL
VARIANCE 91-21
GENERAL
*** 1.1 The proposed project shall substantially conform to
(1) submitted plans date stamped January 27, 1992 on file
with the Community Development Department as herein
modified or as modified by the Director of Community
Development.
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 determined consistent with the approved
plans.
{1) 1.2 Unless otherwise specified, all conditions in this
exhibit shall be complied with prior to issuance of any
building permits for the project, subject to review and
approval by the Community Development Department.
{1) 1.3 Variance approval shall become null and void unless sign
permits and all construction is completed within twelve
(12) months of the date of this exhibit.
(1) 1.4 Approval of Variance 91-21 is contingent upon the
applicant signing and returning an "Agreement to
Conditions Imposed" farm as established by the Director
of Community Development.
{5} 1.5 All Conditions of Approval for Conditional Use Permit 91-
32, as set forth in Exhibit A of Resolution No. 3.001,
shall apply to this Resolution.
SOURCE CODES
{1} STANDARD CONDITION {5} RESPONSIBLE AGENCY REQUIREMENT
(2} CEQA MITIGATION (6} LANDSCAPING GUIDELINES
{3} UNIFORM BUILDING CODEJS {?} PCjCC POLICY
{4} DESIGN REVIEW
*** EXCEPTION