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RESOLUTION NO. 2974
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, APPROVING VARIANCE 91-15, TO
ALLOW A VARIANCE FROM THE CITY'S PARKING
REQUIREMENT, PERMITTING A REDUCTION FROM 34
SPACES TO 23 SPACES AT THE FURNITURE STORE
LOCATED AT 1741 NISSON ROAD
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 91-15 has
been filed by Murphy Architects, on behalf of
A1 Woodcraft to request a Variance from the
City's parking requirement, permitting a
reduction from 34 spaces to 23 spaces at the
furniture store located at 1741 Nisson Road.
Be
That a public hearing was duly called, noticed
and held for said application on October 14,
1991 and continued to November 12, 1991.
C®
That the Planning Commission has reviewed the
request for a Variance from the City's parking
requirement for the furniture store located at
1741 Nisson Road 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, four hundred
and ninety-four-square feet of property
was acquired from the parcel by Caltrans,
substantially trimming both corners on
Red Hill Avenue in order to prepare for
freeway ramp widening and bridge
construction in addition to the widening
of Red Hill Avenue. The existing
improvements on the property have not
been changed, but the site has been
substantially altered by the acquisition.
·
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
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Resolution No. 2974
Page 2
impacted by the Caltrans acquisition
which cannot be reconfigured to meet
current parking standards. 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. The furniture store does not
have as great a demand for parking as
other retail uses. The furniture store
has functioned with deficient parking
since the acquisition by Caltrans without
conflict; and, due to the nature of the
subject retail use, should experience no
increase in demand. The proposed site
modifications, with conditions, will meet
all other City requirements and may
improve existing circulation problems at
the corner of Red Hill Avenue and Nisson
Road, since the driveway cut is being
moved further to the west on Nisson Road.
·
This project is Categorically Exempt from
the requirements of the California
Environmental Quality Act, pursuant to
Section 15311 (Class 11).
II. The Planning Commission hereby approves Variance
91-15 to reduce the parking requirement from 34
spaced to 23 spaces at the furniture store located
at 1741 Nisson Road.
PASSED AND ADOPTED at a regular meeting of the Tustin
Plannin~ Commission, held on the 12th day of November,
1991.
KATHLEEN CLANCY
Secretary
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Resolution No. 2974
Page 3
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.
2974 was duly passed and adopted at a regular meeting of
the Tustin Planning Commission, held on the 12th day of
November, 1991.
KATHLEEN CLANCY
Recording Secretary
BCS: nm
EXHIBIT A
FINDINGS AND CONDITIONS OF APPROVAL
VARIANCE 91-15
A. GENERAL
(~.)
1.1 The proposed project shall substantially conform
with the submitted plans for the project date
stamped November 12, 1991 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.
(~.)
1.2 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.
(,,)
1.3 Variance 91-15 approval shall become null and void
unless all building permits are issued within
eighteen (18) 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
1988 UBC, applicable City Codes and the City's
Security Code, including location of handicapped
stalls and access requirements.
(~.)
1.6 Approval of Variance 91-15 is contingent upon the
applicant signing and returning an "Agreement to
Conditions Imposed" form, as established by the
Director of Community Development.
(4)
SOURCE CODES
i.7 Variance 91-15 shall become null and void in the
event that the retail use on the property is
changed from a furniture store. All other retail
uses will require reconfiguration of the site in
order to conform with all parking requirements in
effect at the time of changes.
(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 91-15
Resolution No. 2974
Page 2
(4)
1.8 No alterations to the existing structure or
existing conditions are approved with Variance 91-
15 approval.
(4)
(4)
(s)
(s)
(5)
(s)
(s)
(5)
(5)
SITE CONDITIONS
2.1 Post a sign at the rolled-curb entry to the
employee parking stating, "employee parking only
beyond this point."
2.2 Realign the parking stalls south of the building
and nearest to the building to be close to a 90°
angle to the building on the property.
2.3 At least 5% of parking lot area and any additional
portion not actually used for movement and parking
of vehicles shall be landscaped with trees, shrubs
and groundcover.
2.4 Perimeter trees shall be planted in a planter of
sufficient width to provide 2-1/2 feet minimum
clearance for vehicle overhang.
2.5 Project must include one (1) 15 gallon tree for
each five (5) parking stalls within the parking lot
and five (5) -5 gallon shrubs per 25 lineal feet of
planter area.
2.6 Parking lot shall be buffered with a 30-inch
minimum high buffer (30-inch maximum high at
driveway access points to preclude restriction of
visibility). This buffer may be achieved with a
shrub screen, a berm, or a combination of these twc
elements.
2.7 Any unused space resulting from design of the
parking area shall be landscaped.
2.8 Ail newly planted trees must be staked according to
City Standards.
2.9 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.
Exhibit A - Findings & Conditions of Approval
Variance 91-15
Resolution No. 2974
Page 3
(5)
(5)
(s)
(s)
(s)
(5)
(s)
(s)
(s)
(s)
2.10 Ground cover shall be planted between eight (8) and
twelve (12) inches on center.
2.11 When one (1) gallon plant sizes are used, the
spacing may vary according to the material used.
2.12 Ail plant material shall be installed in a healthy
vigorous condition typical to the species.
2.13 Landscaping shall be enclosed by minimum six (6)
inch high concrete curbs.
2.14 Select and locate plant materials to promote water
and energy conservation.
2.15 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.
2.16 Ail landscaped areas shall be provided with a
permanent and adequate means of irrigation which is
adequately maintained.
2.17 Backflow preventions shall be provided including
screening for backflow units.
2.18 Enclose controller in lockable housing.
2.19 Design system to provide sufficient coverage
avoiding water overspray on buildings and
sidewalks.
Ce
PLAI~ 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.
Exhibit A - Findings & Conditions of Approval
Variance 91-15
Resolution No. 2974
Page 4
D. FEES
4.1 Payment of all Building plan check and permit fees
shall be made prior to issuance of any building
permits in accordance with the Tustin City Code.
BCS: nm