HomeMy WebLinkAboutPH 2a USE PERMIT 81-18 05-18-81DATE:
TO:
FROM:
SUBJECT:
~y 18, I981
PUBLIC HEARING NO. 2
Inter-Corn
Honorable Chaira~n and Planning Agency
Cou~n~ity Development Department
Use Permit 81-18
Location: lzL27~ Franklin Avenue
Applicant: DeRevere, Wise &Garakian on behalf of Basic Four
Request: Develop an industrial building with parking provided
on adjacent inter-related sites.
BA~KGROUNDA~ DISCUSSION
In 1.978 Basic Four began construction of their ~]stin Facility at
the corner of 5~chelle Avenue and Myford Road. Since that time the
industrial complex has expanded to 308,195 square feet of building
area on four lots. A request has been made to develop an adjoining
lot, owned by Basic Four, for a 160,000 square foot
office/manufacturing building.
The lot with the structure would not have sufficient on-site
parking to satisfy minimum parking and access requirements. To
solve ~is problem ~e applicant ,has proposed recording an access
and parking ease.~at over the entire project pro}~erties. ~lanning
staff endorses such a concept for large single user projects on
multiple lots. It gives great flexibility in the future if one or
more of the lots is sold off to other users. A draft of theproposed
easement is currently being reviewed ~y the City Attorney's Office.
The parking de.nd based upon floor area square footage is as
follows:
Office 226,337/250 = 905
Manufacturing 193,044/500 = 388
Warehouse 48,000 = 32
1323 spaces
A total of 1,440 parking spaces will be provided, which is more
tl~an required by the district regulations.
Use Permit 81-18
M~y 18, 1981
Page Two
Of concern to staff is the continued use of the temporary office
trailers at the site. These trailers were to be used only until
interior L~provements were ~ccomplished on buildings 3 and 4. A
condition of approvgl of this application should be the removal of
the trailers prior to permit issuance for Building 5. The
applicant 1~ stated that this condition would be acceptable.
ACTION
Approval of the parking plan by the adoption of Resolution No.
1.971.
AG~¥/dat
ii ~
Memorandum
TO,
Suojec!
John Bridle
_ A
David Schiff, Esq. ~/ ~ ? ~-'~ 3ames Holt
Ric ha rk~ Holli:,~'er
i~ui!ding ~:5 Variar, c~-Cross i.a~cment
Enclosed is the operativ,- language of a suggested
cross access and parking easer, unt in connection ~.:ith
your conte: plated v,~riance application for Buildln?~
f~5. I wc'u~,z iik~: t(~ i~av~ y~: clear such language with
thc apprcf :;i:.:t~ official and th~ City's at~ornev prior
to submictf?.~: sam(, tc the present two mortgagees of the
five acquirec lots for their consent as required.
DSTS: gk
Enclosure
As covenants running with the land and subject to all existtng
and future easements, rights-of-way and matters of record and the
maintenance, replacement and construction of utility and similiar
facilities serving any part of Lots 1,2, and 3 of Tract 8603 and
Lots 26,27, and 28 of Tract 8590 and the buildings and improvements
thereon, all in the city of Tustin, California (collectively herein
called "the Property"), each owner from time to time of any portion of
the Property is hereby granted, if, as, but only to the extent and
during the period required by appropriate governmental authority from
time to time, a non-exclusive right-of-way and easement, in common
all such other owners of the Property (including their invitees),
solely for the use of passenger vehicle and pedestrian access by mean~
of driveways to and from public streets abutting the Property a~d the
lands of the respective owners of portions of the Property and
passenger vehicle parking on those parking areas, respectively, n,,w
in the future constructed for such purposes; provided, however, ~f ane
to the extent not inconsistent with and subject to requirements from
ti~ne to time of appropriate governmental authority, each such owner
may, at any tine and from time to time hereafter, (i) designate and
imple:~e~t substitut~ or ~o~e limited driveways and parking areas on
hand (within the Property) so long as it (a) affords and does not
impede reasonably sufficient a~d direct access across its land betwee.
the other portions of the Property and the abutting public streets and
(b) reasonably sufficient parking as to the Property (considered as a
whole) is otherwise available thereon; and (ii) establish and en-
force in the interest of safety, orderly use of such driveways and
parking areas and the mutual well-being of all owners of the
Property but withoot amy obligation to enforce and without any
liability for failing to do so, such reasonable and non-discrim-
inatory rules and regulations governing the use thereof provided
that ,no charges may be imposed for such access or parking unless
those favored he~eby who, at all times while such charges are to be
i,~ effect own at least seventy-five percent ~f the land area of the
Property, shall first concur in writing as to such charge amd the
a~ount thereof. Each of the owners of any part of the Property
shall, at its ~ole cost and expense, maintain and keep in good order
and repair the said driveways and parking areas and all of the
improvements thereon owned by it, shall be in control thereof subject
to the provisions hereof and shall be solely responsible to third
parties with respect thereto. The ~ights-of-way (driveways)
r~_~ferred to herein shall meet at equal g~ades and no obstruction or
i,npediment shall be permitted with respect thereto (including the
pol~t-s of COherent[on at ?ro?e~ty lines) except as above permitted
and for s~ch traffic controls or means as may reasonably be
,~,.~c,~ssary for the safety and orderly use by the permitted users
t;~e~'eof. The ~i~hts cceatad by this iastru~ent shall be enforceable
in equity, it being acknowledged that those favored hereby would be
irreparably ha~med by any violation or threat of same and that
co~npensatio~ in damages would be an inadequate remedy. This
instrument shall be binding upon and inure to the benefit of the
owner(s) of the Property and their successors and assigns.
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Th+~ Planiag
fo '~. lows
A RESOLUTION OF ~ PLAN%IINIG AGKNC~ OF THE
CITY OF ?U~fiN, A~{ORIZ[NG [)EV~4~ OF
~N I~USTR[~ BU[~I~ AT ]4272 ~IN
AV~E WITtI OFF-SITE [~{-RE~TED P~I~
A~ency of the City of Tustta fi~s hereby resolve ms
I. Tho. Olamll.lg Agency find:~ aa,{ degenntnes :es follows:
k. That a proper application. (Use Permit No.81Z181, has
+~en filed on behalf of }~$ic Four Corporation, to
ralnest authorization t~) construct a 160,000 square foot
office/inJustr[al Y~]ilding at 14272 Franklin Avenue with
parking accommodations provhl~t on adjacent parcels by
recorded agree.~nt.
B. 'fha: '~. ~:blLc h,_...~ ..... ~a,,.' ,, ~;a,~ kl~'y' calle:i, notb-'~d.., and
held ,.~n said u)ptLcatbm,
C, That establi, shn~nt, ~[nt~.nance, and Dictation of the
t~+ '~ppli;~:! for will ~o:, ,..lqdC? the ci~ou~atances of
~h~ mr.~e. ',-~ detri~nt.~ ~> ~he health, '~a[~ety, ~mtls,
mh,~ l:..~,., is tn c~):~[',>rix~.a,-'e with the T is~iq
~.]tz~i to the prof~rty and improv,~m~.~b~ in the
:~] of the subject property, nor to t}~e general welfare
~. ~-~r,_)~9~:-i di~.:Olot3~,~e~C S}li{', _ ',~-2 i,t% aCcord~.~l~e with
fiew:~lolmS;-:': p~ [cLes ~opte,'t b,' the City ~unctl, Uni-
f.>rm B,_~i. ld,..g Co::I~ ~ ad_mi ~;~; ~r~'*t by the B,~tlding
Offi,~ial, Fi~, C('~:!e ~ ~tl~q]o~.~rt.d by the Fire Chief,
~'. T'.'~e pr(,p,)sed project is cx,~mpt from the requirements
of the Cali_fornia Enviro, v~,ntal Quality Act on the
'b~sis of a prior approved :~ster EIR, for the
i ndn:~trtal complex.
G. Final developrm~nt pla;ts ~hall r~:lutre the review and
approval of th,~ C,m~aunity Oevelo~waent Department.
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Resolution No. 1971
Page Two
£[. The Planning A!{~a(:f hereby approves Us,,~ Permit No. 81-18, to
authorize develol~m~.nt of an industrial building :~nd p~rking plans as
sul~nitted, subject to the following conditioas:
The final site plan sh~{ll 1oe standardl-',ed
apl)r,)pri~e City standa~ d~awlng humidors. Tt~ develo~r
shall ~)asr:r,~ct all. missing or d;~;~xg-d st~t L~prov~nts
s:m_d develo~at p~r the City of Tu.st'iu
to: c,.lrbs and :Iutters, sidewalks, drice ap~],
That r~]iproc..al access and parking easen~?nts shall be
recocded fo~ lots 1, 2 and 3 of Tract 8603 and lots 26, 27
and 28 of Tract 8590 to ensure cocamm use of the parking area
and drive aU~],-;s of the planned c~)mplex by al [ pr~;sent and
Th:.t[ th~. n~.'.i, pr,),?,i accem~ and parking ~aseme~t:.~
rev[,~'od by t~.e Ci.:y ~tto~ney Dr[,)r to their
Tha~ p~ci {a [mpm)vement plans ~;ha]l confo~n to ~ll.
p?ovi~[ ms~ )f the City's develop~nt ~51[del[n~ and the
Ag,'mc:.;, held ')r: :h~ ].8th day of !~y, 1981,
Secretary