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RESOLUTION NO. 2977
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TUSTIN, CALIFORNIA, APPROVING VARIANCE 91-18, TO
ALLOW THE ENCROACHMENT OF A PROPOSED SERVICE
BUILDING INTO THE REQUIRED REAR BUILDING SETBACK
LOCATED AT 36 AUTO CENTER DRIVE, TUSTIN.
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 91-18 has bee~
filed on behalf of Mr. Joe MacPherson to allow the
encroachment of a proposed service building int¢
the required rear building setback located at 36
Auto Center Drive in the Tustin Auto Center.
Be
That a public hearing was duly called, noticed and
held for said application on November 12, 1991.
Co
That the Planning Commission has reviewed the
request to allow the encroachment of a proposed
service building into the required rear building
setback located at 36 Auto Center Drive in th~
Tustin Auto Center and can be supported by th~
following findings:
There are unusual or exceptional circumstances'
applicable to the size, shape, topography,!
location or intended use of the subjec~
property which do not apply to othe~
properties in the same zoning district. T~
irregular lot configuration of the site
atypical when compared to the regular
configurations of the other parcels within th~
Tustin Auto Center
Grantinq of the Variance will not convey a
special privilege to the property owner which
is not enjoyed by other property owners in the
vicinity. Other parcels within the Tustih
Auto Center do not have this set of unusua~
circumstances related to lot configuration
which allows conformance to the developmen~
standards.
·
The granting of the Variance will not be
detrimental to adjacent and surrounding
properties. The encroachment of a proposed
service building into the required rear
building setback, located at 36 Auto Center
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Resolution No. 2977
Page 2
!
Drive in the Tustin Auto Center, will no~
adversely impact the adjacent freeway·
·
The granting of the Variance will not be
contrary to the goals and policies of the
General Plan.
II. The Planning Commission hereby approves Variance 91-18 t¢
allow the encroachment of a proposed service building
into the required rear building setback located at 36
Auto Center Drive in the Tustin Auto Center, subject tC
the conditions contained within Exhibit A attached
hereto.
PASSED AND ADOPTED at a regular Planning Commission meeting or
the 12th day of November, 1991.
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. 2977 was duly
passed and adopted at a regular meeting of the Tustin Planning
Commission, held on the 12th day of November, 1991.
K~HLEEN CLANCY
Recording Secretary
JP:nm
EXHIBIT A
RESOLUTION NO. 2977
CONDITIONS OF APPROVAL
VARIANCE 91-18
GENERAL
*** 1.1 The proposed project shall substantially conform to
(1) submitted plans date stamped November 12, 1991 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 eighteen
(18) months of the date of this exhibit.
(1) 1.4 Approval of Variance 91-18 is contingent, upon the
applicant signing and returning an "Agreement to
Conditions Imposed" form as established by the Director
of Community Development.
(5) 1.5 In order to mitigate the mass of the proposed Auto Body
Shop/Car Storage structure, as viewed from Interstate 5,
Tustin Ranch Road and the Freeway overpass, the applicant
shall provide landscape areas adjacent to the west and
south elevations of the structure. The landscape
materials for these areas should be a combination of
groundcovers, shrubs and trees. The trees proposed
should have an ultimate growth height of at least equal
to the proposed height of the structure.
1.6 Ail Conditions of Approval for Conditional Use Permit 91-
29 and Design Review 91-26, as set forth in Exhibit A of
Resolution No. 2975, shall apply to this Resolution.
SOURCE CODES
(1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT
(2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES
(3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY
(4) DESIGN REVIEW
*** EXCEPTION