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Home My WebLink AboutCC 16 VARIANCE 89-09 11-20-89DATE: ,~ CONSENT CALENDAR NO. 16 . Inter- Com NOVEMBER 20, 198 TO: FROM: SUBJECT: WILLIAM A. HUSTON, CITY MANAGER COMMUNITY DEVELOPMENT DEPARTMENT APPEAL OF PLANNING COMMISSION ACTION, VARIANCE 89-09 RECOMMENDATION It is recommended that the City Council adopt Resolution No. 89- 155 conditionally approving Temporary Variance 89-09, as submitted or revised in accordance with direction received at the November 6, 1989 City Council meeting. BACKGROUND On November 6, 1989, the City Council cOntinued final action on an appeal of the Planning Commission's denial of Variance 89-09, a request to reduce the required parking from 389 spaces to 357 spaces to accommodate certain tenant improvements. The item was continued to enable staff to prepare a resolution of approval as directed by the City Council. The attached resolution includes conditions of approval that would require the applicant to enter into an agreement with the City to ensure that the property would have adequate parking, as required by the Municipal Code and Planned Community District Regulations, upon ultimate buildout of Phase II improvements (anticipated completion 1995). The minimum contents of the agreement would include the scope of Phase II tenant improvements, time schedule for phased improvements, provisions for an annual review by the Planning Commission, provisions for non-transferability, and required compliance with future parking requirements. These aspects of the agreement were identified as specific concerns of the Council related to this matter. City Council Report Variance 89-09 November 20, 1989 Page 2 CONCLUSION As directed by the City Council at their meeting on November 6, 1989, please find attached Resolution No. 89-155, as submitted or revised, which would approve Temporary Variance 89-09. Daniel Fox, / Senior Planner Christine A. Shingleto~/ Director of Community ~evelopment DF:CAS:kbc Attachment: Resolution No. 89-155 Community Development Department 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 i9 2O 21 23 25 26 27 28 RESOLUTION NO. 89-155 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING VARIANCE 89-09, A REQUEST TO TEMPORARILY REDUCE THE REQUIRED PARKING FROM 389 SPACES TO 357 SPACES TO ACCOMMODATE CERTAIN PHASE I TENANT IMPROVEMENTS AT 2631 MICHELLE DRIVE IN THE PC-IND DISTRICT. The City Council of the City of TuStin does hereby resolve as follows: I. The City Council finds and determines as follows: A® That a proper application, Variance 89-09, was filed on behalf of Morton Thiokol, Inc. Dynachem Division requesting authorization to temporarily reduce the required parking from 389 spaces to 357 spaces to accommodate approximately 8,050 square feet of mezzanine construction and other tenant improvements over a course of five (5). years. Bo That a-public hearing was duly called, noticed and held on said application on September 11, 1989 by the Planning Commission at which time the Commission adopted Resolution 2653 to deny Variance 89-09.~ Ce That an appeal of the Planning Commission's action has been filed by Terrence McRell representing Morton Thiokol, Inc., Dynachem Division. Ee Fe That there are special circumstances applicable to the subject property in that proposed phasing of tenant improvements require temporary relaxation of the parking requirements to-maintain operations without impacting' parking demand. The ultimate improvements would provide parking on-site as required by applicable City.Codes with the existing parking conditions. That the granting of a variance as herein provided would 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 in that upon ultimate completion of anticipated tenant improvements, parking would be provided in accordance with applicable City requirements. 1 2 3 4 5 6 8 9 10 11 12 13 14 15 ~ 16 17 18 19 20 21 22 23 24 25 26 27 '28 ResOlution No. 89-155 November 20, 1989 Page 2 Ge That the granting of a variance as herein provided would not be contrary to the intent of the Zoning Ordinance in that current parking demand by the property owner is adequately accommodated within the existing 357 parking spaces on-site. Ho That the variance request is consistent with the City General Plan in that upon ultimate completion of tenant improvements, required parking would be provided resulting in harmonious development. I · That this project is categorically exempt (Class 5) from the requirements of the California Environmental Quality Act. II. The City Council hereby approves Variance 89-09, a request to temporarily reduce the required parking from 3~9 to 357 spaces to accommodate certain Phase I tenant improvements on the property located at 2631 Michelle Drive, subject to the following conditions: A· The proposed Phase I project shall substantially conform with the submitted plans for the project date stamped November 20, 1989 on file with the Community Development Department, as herein modified, or as modified by the Director of community Development Department in a6cordance with this Exhibit. B. 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. ~. C. Variance approval shall become null and void unless all building permits are issued for Phase I improvements within 12 months of the date on this Exhibit and substantial construction underway. '1 3 5 6 7 8 9 10 11 13 14 15 16 17 18 i9 20 23 25 26 ~7 ~8 Resolution No. 89-155 November 20, 1989 Page 3 De Variance 89-09 is approved for a temporary reduction of required parking to accommodate certain Phase I tenant improvements based on the applicant's representation that anticipated Phase II improvements would be completed by late 1995 at which time the temporary parking shortage would be eliminated and the site would be restored to full compliance with parking requirements contained in the Tustin City Code. Based upon these representations, the temporary reduction of parking shall be authorized as long as the applicant proceeds with and completes Phase II improvements, in any event not to extend beyond December 31, 1995. To ensure compliance with this condition, the applicant shall enter into an agreement with the City of Tustin subject to approval of the City Attorney and the Community Development Department, that shall be recorded against the-property which shall include, at minimum, the following: 1) The scope of work for Phase II tenant improvements and an agreement as to the time schedule for initiation, obtaining building permits and completing said improvements provided in any event that said Phase II improvements shall be completed by December 31, 1995. Ail improvements shall be r~quired to comply with the City Code and Planned Community District Regulations in effect at the time building permits for Phase II improvements are issued provided substantial construction commences and building permits are kept active. 2) Compliance with the terms of the Agreement shall be reviewed and monitored by the Planning Commission every 12 months from the date of approval of this Resolution. . . 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ~0 ~3 25 ~6 ~7 28 Resolution No. 89-155 November 20, 1989 Page 4 3) In the event applicant does not comply with the provisions contained in the executed Agreement, the Planning Commission, at their discretion, may initiate Revocation procedures on Variance 89-09 pursuant to the provisions contained in Section 9292 of the Tustin City Code. In any event, should Phase II improvements not be completed by December 31, 1995 and all required parking provided per City Code and Planned District regulations, Variance 89-09 shall automatically become null and void and the applicant shall be required to immediately comply with all required parking provided per City Code and Planned District regulations for those improvements in place at that time. Any legal fees or City expenses incurred by the City for requiring compliance with the provisions of the agreement shall be the responsibility of the applicant. Ail prospective buyers or lessees of property shall be notified that Variance 89-09 is a temporary reduction of parking only that is non-transferable. In the event the property is sold or sub-leased, the City shall be notified in writing and Variance 89-09 shall become null and void and all parking requirements provided by City Code and Planned District regulations required at that time shall be immediately complied with. 1 2 3 4 5 6 8 9 10 11 12 13 14 15 : 16 17 18 19 2O 9_1 23 21 25 26 27 ~8 Resolution No. 89-155 November 20, 1989 Page 5 E® The applicant shall sign and return an Agreement to Conditions Imposed form prior to issuance of any building permits. PASSED AND ADOPTED at a regular meeting of the Tustin City Council held on the 20th day of November, 1989. URSULA E. KENNEDY, Mayor MARY WYNN, City Clerk