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RESOLUTION NO. 2682
A RESOLUTION Of TIlE PLANNING COMMISSION Of THE CITY OF
TUSTIN, CONDITIONALLY APPROVING VARIANCE 89-14 FOR
UTILIZATION OF THE PC-AUTO CENTER DISTRICT PARKING
STANDARDS ON LOTS 1 AND 2 OF FINAL MAP 13834, (45 AUTO
CENTER DRIVE) AND PE~IITTING MODIFICATION OF DESIGN
REVIEW 89-02 TO ALLOW REMOVAL OF SOME ON SITE
LANDSCAPING AND DELETION OF CONDITION 3.1.B OF
RESOLUTION NO. 2574
The Planning Commission of the City of Tustin does hereby resolve as
fol lows'
I. The Planning Commission finds and determines as follows'
A. That a proper application, (Variance No. 89-14) and modification
of Design Review 89-02, was filed by Harris Architects on behalf
of Tustin Lexus requesting authorizatlcn to vary from the
requirements of PC-Mixed Us~ distrlct of 'the East T~stin
Specific Plan in order to utilize parking standards of the
PC-Auto Center -District and to modify certain on-site
improvements originally approved by Design Review 89-02.
BJ
That a public hearing was.. duly called, noticed and held on said
application on October 9, 1989.
Ce
That because of special circumstances applicable to the subject
property, relative to size, shape, topograDhy~ location or
surroundings, a strict application of the Zoning Ordinance is
found to deprive subject property of privileges enjoyed hy other
properties in the vicinity and under identical zone
classification, evidenced by the following findings:
1. That there are unusual and/or special circumstances
_~-~~a-6ie to the shape, size, con~-~t o~,-location, or
topography of the property wn~cn ~usti+'v the variance
request. T-h~ special c~rcumstance in this specific case is
l~-6i-{l~n. The site is located in an inteorated auto center
and therefore the property standards should reflect those
enjoyed by other dealerships. Additionally, because of the
nature of the use, automotive service requires a si~nifican~
portion of the site to be utilized for the placement of
vehicles for service. Because a large percentage of the
necessary employmen~ is based on automotive service, versus
sales, the enclosure of those specific spaces which cause
them not to be publicly accessible and viewable from the
general public on the site is justifiable and appropriate.
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Resolution No. 2682
October 9, 1989
Page two
2. The variance shall not constitute a grant of special
~prlvileees inconsistent with the limitations upon other
·
~properties in the vicinity and zone in which such property
ls situated· 'F-h'e variance does not grant-~s~~
priviT~-ges in that the vicinity in which the dealerships
will be located is the only development of its type in the
City. Therefore, the granting of the variance will result
in consistency with the adjacent development by providing
parking standards which are uniform to the Tustin Auto
Center development· These sites are physically associated
with the Auto Center and not the mixed use development of
the East Tustin Specific Plan.
The variance will not have a detrimental impact on adjacent
p~roper_t_ies_or subject properties· u~.~tive sales and
service are' expressly permitted in the PC-Mixed Use
District of the East Tustin Specific Plan and moreover the
intent of this center is to provide for uniform policies
and standards. Therefore by providing unification this
variance does not have a detrimental impact on the adjacent
properties·
4. The variance is consistent with the provisions of the
~-6~T--FT~n. ~ var(ance would prov-l~-6--ba-~anced and
comp)imentary development of future parking on the
remaining lots in the Tustin Auto Center, thereby promoting
balanced commercial developments, as directed by the land
use element of the General Plan.
D·
That the granting of a variance as herein provided will not
constitute a grant of special privilege inconsistent with the
limitations upon other properties in the vicinity and district
in which the subject property is situated.
E ·
That this project is categorically exempt from the requirements
of the California Environmental Quality Act (Class 5).
F. That the 9ranting 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.
G. That the granting of the variance as herein provided is in
conformance with the land use element of the Tustln General
Plan.
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Resol.ution No. 2682
October 9, 1989
Page three
II. The Planning Commission hereby approves the following: A. Variance
89-14 to permit the utilization of parking standards of the PC-Auto
Center District for lots I and 2 of Tract 13834, subject to
conditions contained in Exhibit A, attached hereto and incorporated
herein by reference. B. Modifications to Design Review 89-02 to
permit installations of gates and certain parking area enclosure for
security; deletion of condition 3.1.B of Exhibit A of Planning
Commission Resolution No. 2574 and certain modifications to the
approved landscaping plans, subject to conditions contained in
Exhibit A, attached hereto and incorporated herein by reference.
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· PASSED AND ADOPTED at a regular~eti~g~of the Tustin Planning Commission,
held on the 9th day of October, 1989.
Chairman
Recordl ng Secretary
EXItIBIT A
VARIANCE 89-14 AND MODIFICATIONS TO
DESIGN REVIEW 89-02
CONDITIONS OF APPROVAL
RESOLUTION NO. 2682
GENERAL
(1) 1.1 The plans for Design Review 89-02 shall substantially conform with the
approvals on file with the Community Development Department, except as herein
..... modified, or as modified by the Director of Community Development 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 a certificate of occupancy for the
Tustin Lexus Dealership {45 Auto Center Drive} and prior to the issuance of
building permits for Lot 1, Tract 13834. Compliance of conditions shall be
reviewed and approved by the Community Development Department.
{1} 1.3 Variance 89-14 shall apply to Lot I and 2 of Tract 13834 only if each
parcel is utilized as an auto dealership.
(1) 1.4 Variance 89-14 and modifications to Design Review 89-02 shall become null and
void unless building permits are issued within 18 months of the date on this
Resolution. Extensions may be granted by the Planning Commission if a request
is received in the Community Developme.nt Department 30 days prior to the
expiration date of the 18 months.
1.5 Unless otherwise indicated in Resolution 2682 or Exhibit A of Resolution 2682,
all conditions contained in Planning Commission Resolution 2574 shall remain
in effect as they affect development on lot 2 of Tract 13834.
(1) 1.6 Approval of Variance 89-14 is contingent upon the applicant signing and
returning and "Agreement of Conditions Imposed" form as established by the
._. Director of Community Development.
PLAN SUBMITTAL
(4) 2.1 Revised details or plan sheets shall be submitted indicating location, height,
colD6 and treatment of gates and slump stone walls at 45 Auto Center Drive
(lot 2 ).
SOURCE CODES
(1) STANDARD CONDITION
(2) EIR MITIGATION
(3) UNIFORM BUILDING CODE/S
(4) DESIGN REVIEW
**-* EXCEPTION
(5) SPECIFIC PLAN
(6) RESPONSIBLE AGENCY REQUIREMENT
(7) LANDSCAPING GUIDELINES
(8) PC/CC POLICY
Exhibit A
Resolution No. 2682
Page two
(2) 2.2 The applicant of either lot i or 2 shall provide information to insure
(6) compliance with all requirements of the Orange County Fire Chief related to
emergency access through any gate enclosures in case of fire or other
emergencies.
(1) 2.3 With the exception of parking requirements approved with Variance 89-14, any
development proposal for Lot 1, Tract 13834 shall comply with all provisions
{5} related to development under the PC-~,lixed Use District of the East Tustin
Specific Plan.
SITE AND BUILDING CONDITIONS
{1) 3.1 All exterior colors to be used shall be subject to review and approval of the
{4} Director of the Community Development Department. All exterior treatments
must 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.
(1) 3.2 All mechanical and electrical fixtures and equipment shall be adequately and
{4) decoratively screened. The screen shall, be considered as an element of the
overall design of the project and shall biend with the architectural design of
the buildings.
LANDSCAPING, GROUNDS AND HARDSCAPE ELEMENTS
(4) 4.1 Modified landscaping and irrigation plans which clearly indicate the
modifications which will occur as a result of the enclosing a certain parking
lot area at 45 Auto Center Drive (lot 2} shall be submitted and approved by
the Community Development Department prior to issuance of a certificate of
occupancy for the Tustin Lexus dealership.
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN ).
I, PENNI FOLEY, the undersigned, hereby certify that I am the Recording
Secretary of the Planning Commission of the City of Tustin, California; that
Resolution , o.m
~ ~ ~ was duly passed ~!j~d,~dopted at a~regu,lar/ meeting of
the,~T~stin Planning Commission. held on the ~--~~.day of
.
198~r__.
-'PENNI FOLEY --
Recording Secretary