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RESOLUTION NO. 2827
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, CONDITIONALLY APPROVING
VARIANCE 90-12 TO VARY FROM SECTION VIII.A.3.B
AND VIII.F.2 OF THE PLANNED COMMUNITY - AUTO
CENTER STANDARDS IN ORDER TO CONSTRUCT A 17
FOOT 4 INCH HIGH, 21,840 SQUARE FOOT STORAGE
BUILDING WITH 21,676 SQUARE FEET OF ROOF TOP
PARKING TO BE LOCATED 53 FEET FROM THE FRONT
PROPERTY LINE AT 9 AUTO CENTER DRIVE.
The Planning Commission of the City of Tustin does hereby
resolve as follows:
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The Planning Commission finds and determines as
follows:
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That a proper application, (Variance No. 90-
12), was filed by Dick Hsu on behalf of Tustin
Acura requesting authorization to vary from
section VIII.A.3.B and VIII.F.2 of the Planned
Community - Auto Center Standards in order to
construct a 17 foot 4 inch high, 21,840 square
foot storage building with 21,676 square feet
of roof top parking to be located 53 feet from
the front property line at 9 Auto Center
Drive.
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That a public hearing was duly called, noticed
and held on said application on September 10,
1990.
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That because of special circumstances
applicable to the subject property, relative
to size, shape, topography, location or
surroundings, a strict application of the
Zoning Ordinance is found to deprive subject
property of privileges enjoyed by other
properties in the vicinity and under identical
zone classification, evidenced by the
following findings:
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That there are unusual and/or special
circumstances applicable to the shape,
size, configuration, location, or
topoqraphy of the property which ~ustify
the variance request. Due to the size of
the dealership site there is inadequate
space to provide the storage of new
vehicles and service vehicles generated
by the dealership in compliance with the
PC-Auto Center District. The subject
site is ½ acre smaller than any other
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Resolution No. 2827
Page 2
De
dealerships in the Tustin Auto Center and
the applicant is removing a service
building to construct the proposed
storage building. Additionally, by
fulfilling requirements for screening of
vehicles on the second level of the
storage building, the variance situation
is created.
2. The variance shall not constitute a grant
of special privileges inconsistent with
the limitations upon other properties in
the vicinity and zone in which such
property is situated. The variance does
not grant special privileges to the
applicant in that all other dealerships
"are not" impacted by the standards for
wall height on storage buildings with
second story parking due to locational
options available because of the size and
configuration of their respective sites.
3. The variance will not have a detrimental
impact on adjacent properties or subject
properties. Automotive storage on the
second level is expressly permitted when
appropriately screened in the PC-Auto
Center District of which this application
has complied with. Additionally, the
subject variance will aid in reducing
truck traffic generated by dropping off
vehicles and offer the applicant greater
use of his property as currently enjoyed
by other dealerships within the Auto
Center.
4. The variance is consistent with the
provisions of the General Plan. The
variance will provide balanced and
complimentary development for the use of
the subject property as directed by the
Land Use Element of the General Plan.
That this project is covered by a previous EIR
(84-2) for the Tustin Auto Center.
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Resolution No. 2827
Page 3
Fo
That the granting of the variance as herein
provided will not be contrary to the intent of
the Zoning Ordinance or the public safety,
health and welfare, and said variance should
be granted.
Go
That the granting of the variance as herein
provided is in conformance with the land use
element of the Tustin General Plan.
II. The Planning Commission hereby approves Variance
90-12 to vary from Section VIII.A.3.B and VIII.F.2
of the Planned Community - Auto Center Standards in
order to construct a 17 foot 4 inch high 21,840
square foot storage building with 21,676 square
feet of roof top parking to be located 53 feet from
the front property line at 9 Auto Center Drive,
subject to conditions contained in Exhibit A,
attached hereto and incorporated herein by
reference.
PASSED AND ADOPTED at a regular meeting of the Tustin
Planning Commission, held on the 10th day of September,
1990
KATHLEEN FIT~ATRICK-
Secretary
RESOLUTION 2827
EXHIBIT A
CONDITIONS OF APPROVAL
VARIANCE 90-12
STORAGE BUILDING - 9 AUTO CENTER DRIVE (TUSTIN ACURA)
GENERAL
(1) 1.1 The proposed project shall substantially conform with the
submitted site plans for the project date stamped
September 10, 1990 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, all 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 This Variance approval shall become null and void unless
all necessary building permits are issued within twelve
months of the date on this exhibit and substantial
construction is underway. Time extensions may be granted
by the Planning Commission if a written request is
received by the Community Development Department within
thirty (30) days prior to expiration.
(1) 1.4 The applicants and property owners shall sign and return
an Agreement to Conditions Imposed form prior to the
issuance of any building permits and or business license.
USE RESTRICTIONS
*** 2.1 The structure shall not be open to the general public for
parking or viewing of cars.
*** 2.2 The building shall be used for service and storage only.
PLAN SUBMITTAL
3.1 At building plan check, submit three sets of construction
level plans as follows:
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
Exhibit A
Resolution No. 2827
Page 2
(3) A.
Construction and grading plans, structural
calculations for structures, buildings and tank
installation and a soils report shall be submitted.
All plans and calculations shall have wet signature
of a licensed engineer. Requirements of the
Uniform Building Code, Uniform Fire Code, National
Electrical Code, South Coast Air Quality Management
District, Orange County Health Care Agency, and
Orange County Sanitation District shall be met.
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A grading plan with specifications consistent with
the City of Tustin Grading Manual and ordinance and
prepared by..a California Civil Engineer will be
required and should be based on the Orange County
Surveyor's Bench Mark Datum. Said plan shall be
consistent with the site plan and landscaping plan
and identify a dust control plan.
(3) C.
Provide preliminary technical detail and plans for
all utility installations. Additionally, a note
shall be placed on plans stating that no field
changes shall be made without said changes first
requiring review and approved by the Community
Development Department.
Do
A precise soil engineering report provided by a
soils engineer within the previous twelve (12)
months from the date of plan check submittal.
6)
Information, plans and/or specifications to ensure
satisfaction of all Public Works Department requirements
including but not limited to:
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A separate 24" x 36" street improvement plan will
be required showing all required public
improvements to be constructed adjacent to this
development, which would include but not be limited
to the following:
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2.
3.
4.
Curb and gutter
Sidewalk
Drive aprons
Underground utility connections
(6) 3.3 Information, plans and/or specifications to ensure
satisfaction of all Fire Department requirements
Exhibit A
Resolution No. 2827
Page 3
including fire flow and installation, and compliance with
all requirements pertaining to construction.
NOISE
(1) 4.1 Ail construction operations including engine warm up
(2) shall be subject to the provisions of the City of Tustin
Noise Ordinance and shall take place only during the
hours of 7:00 a.m. until 6:00 p.m., Monday through Friday
or other times that the Building Official determines will
be in substantial conformance with the Noise Ordinance
and the public health and safety will not be impaired
subject to application being made at the time the permit
for the work is awarded or during progress of the work.
Ail requirements of the City's Noise Ordinance (Chapter
6 of the Municipal Code) shall be met at all times which
in part requires noise levels not to exceed 60 dba at any
time.
LANDSCAPING
(1) 5.1 Submit at plan check complete detailed landscaping and
irrigation plans for all landscaping areas to be altered
in conjunction with said construction, consistent with
adopted City of Tustin Landscaping and Irrigation
Submittal Requirements. Provide summary table
identifying plant materials. Landscaping plans must be
approved prior to issuance of any building permits. The
plant table shall list botanical and common names, sizes,
spacing, location and quantity of the plant materials
proposed. Show planting details, soil preparation,
staking, etc. The irrigation plan shall show location
and control of backflow prevention devices, pipe size,
sprinkler type, spacing and coverage. Details for all
equipment must be provided. Show all property lines on
the landscaping and irrigation plan, public right-of-way
areas, sidewalk widths, parkway areas, and wall
locations. The Department of Community Development may
request minor substitutions of plant materials or request
additional sizing or quantity materials during plan
check. Note on landscaping plan that coverage of
landscaping and irrigation materials is subject to field
inspection at project completion by the Department of
Community Development.
Exhibit A
Resolution No. 2827
Page 4
WATER
(2) 5.1 Ail surface drainage areas shall be connected directly to
(6) the public sewer or storm drain system, whichever is
applicable subject to approval of the Sanitation
District.
BUILDING/SITE
(4) 6.1 The proposed trash enclosures shall be installed with
solid metal, self-closing, self-latching gates and shall
be constructed of a solid masonry wall at a maximum of 6'
8" height. The design shall comply with Great Western
Reclamation standards to accommodate future recycling.
(4) 6.2 The trash'enclosure shall be stuccoed and color coated to
match the building. Size should accommodate recycling.
(4) 6.3 Ail exterior colors to be used shall be subject to review
and approval of the Director of the Community Development
Department. Ail exterior treatments shall be coordinated
with regard to color, materials and detailing and noted
on submitted construction plans and elevations shall
indicate all colors and materials to be used.
(4) 6.4 Please provide exact details on doors, and show all
downspouts and gutters.
(1) 6.5 Note on final plans that a six-foot-high chain linked
fence shall be installed around the site prior to
building construction stages. Gated entrances shall be
permitted along the perimeter of the site for
construction vehicles.
(1) 6.6 Exterior elevations of the buildings shall indicate any
(4) fixtures or equipment to be located on the elevations of
the building. The screening parapet shall be at least
48" above the elevation of the second story floor for
purposes of screening vehicles. Submitted plans shall
identify the height level of the second story floor and
top of parapet at all critical locations.
(1) 6.7 Ail utilities to site shall be provided underground.
(1) 6.8 Indicate second story lighting scheme for the building,
(4) note locations of all exterior lights and types of
Exhibit A
Resolution No. 2827
Page 5
fixtures. No lights shall be permitted which may create
any glare or have a negative impact onto adjacent
roadways. The location and types of lighting shall be
subject to the approval of the Director of Community
Development.
*** 6.9 Ail gates shall be painted to match the building color.
*** 6.10 Identify location of paging equipment on the building
plans. Said equipment shall comply with the adopted
paging criteria for the Auto Center.
*** 6.11 The walls along E1 Camino Real shall be mortar finished
and painted to match the existing walls.
FEES
(6) 7.1 Prior to the issuance of any building permits, payment
(1) shall be made of all required fees including:
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Major thoroughfare and bridge fees to Tustin Public
Works Department.
All applicable plan check and building permit fees
to the Community Development Department.
School Impact fees.