The URL can be used to link to this page

Home My WebLink AboutPC RES 3924 RESOLUTION NO. 3924 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN APPROVING VARIANCE 04-002 TO CONSTRUCT A MOVIE THEATER BUILDING ON LOT 4 OF TRACT 16695 FIFTEEN (15) FEET FROM BARRANCA PARKWAY WHERE A MINIMUM THIRTY (30) FOOT BUILDING SETBACK IS REQUIRED, AND AT A HEIGHT OF SIXTY (60) FEET WHERE A MAXIMUM FIFTY (50) FOOT HEIGHT IS PERMITTED WITHIN PLANNING AREA 19 OF THE MCAS TUSTIN SPECIFIC PLAN. 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 for Variance 04-002 was filed by the Vestar Development Company/Kimco Tustin L.P. to construct a movie theater building on Lot 4 of Tract 16695 fifteen (15) feet from Barranca Parkway where a minimum thirty (30) foot building setback is required and at a height of sixty (60) feet where a maximum fifty (50) foot height is permitted within Planning Area 19 of the MCAS Tustin Specific Plan. B. That a public hearing was duly called, noticed, and held for said application on July 12, 2004, and continued to July 26,2004, by the Planning Commission; C. That the MCAS Tustin Specific Plan land use designation of the General Plan provides for development of a variety of commercial uses. In addition, the project has been reviewed for consistency with the Air Quality Sub-element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub- element. D. The proposed movie theater will be located in, and integral to creating critical mass for, the "lifestyle" component of the development. The lifestyle experience is designed to create an outdoor pedestrian environment in an elongated layout so people may walk from one end to the other. Based upon the required location of South Loop Road, the intersection of Barranca Parkway and Milliken Avenue, the existing Army Reserve site, and overall project site configuration, the lifestyle component must be located in the proposed location between Barranca Parkway and the South Loop Road, adjacent to the Army Reserve site resulting in Lot 4 being elongated and restricting flexibility in site design. Due to the minimum square footage required to create the lifestyle experience, and the unusual project site layout, it is necessary to reduce the thirty (30) foot setback to fifteen (15) feet from Barranca Parkway to establish the critical mass necessary for the lifestyle component. Resolution 3924 Variance 04-002 Page 2 II. E. The movie theater will be the anchor for the lifestyle component and is critical to the lifestyle experience. Due to the size of movie screens and the modern "stadium" style seating, movie theater buildings tend to be taller to accommodate these elements. The structure itself will comply with the fifty (50) foot height limit; however, the "box-like" qualities of a typical movie theater needed to accommodate the screens and seating create difficulties in architecturally articulating the building's façade. As such, the height of mechanical equipment and associated screening exceeds the maximum permitted height in Planning Area 19. To provide a curved roofline to enhance the building's appearance while simultaneously screening the rooftop equipment, an increase in the maximum building height is necessary. Furthermore, due to the constricted available development area for the lifestyle component, placing the mechanical equipment on the ground or in the structure might further impact the necessary critical square footage. F. The granting of this variance would not constitute a special privilege that is inconsistent with the limitations on other properties in the MCAS Tustin Specific Plan in that the specific conditions affecting the project site are collectively unique and will only be found on Lot 4 in Tract 16695 in Planning Area 19 of the MCAS Tustin Specific Plan and not on any other property in the City of Tustin. G. That a Final Environmental Impact Statement/Environmental Impact Report for the MCAS Tustin Reuse Plan and Specific Plan (FEIS/EIR) was prepared and certified, which considered the development of commercial uses within Planning Areas 16, 17, and 19. A checklist was prepared that finds all potential impacts of the project were addressed by the certified FEIS/EIR and no additional impacts have been identified; all applicable mitigation measures in the FEIS/EIR have been included in the Mitigation Monitoring Program or as conditions of approval. The Planning Commission has adopted Resolution No. 3924 finding the FEIS/EIR for the MCAS Tustin Reuse Plan and Specific Plan adequately addressed all potential impacts related to the variance. The Planning Commission hereby approves Variance 04-002 to construct a movie theater building on Lot 4 of Tract 16695 fifteen (15) feet from Barranca Parkway where a minimum thirty (30) foot building setback is required, and at a height of sixty (60) feet where a maximum fifty (50) foot height is permitted within Planning Area 19 of the MCAS Tustin Specific Plan, subject to conditions contained in Exhibit A attached hereto. Resolution 3924 Variance 04-002 Page 3 PASSED AND ADOPTED at a regular meeting of the Tustin Pia held on the 26th day of July, 2004. a~/d/,~¡:~L ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA) COUNTY OF ORANGE) CITY OF TUSTIN ) I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3924 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 26th day of July, 2004. /2 ~-d ¿/ ~o"'.. ---.¿ ELIZABETH A. BINSACK Planning Commission Secretary GENERAL (1 ) 1.1 (1 ) 1.2 (1 ) 1.3 (1 ) 1.4 EXHIBIT A VARIANCE 04-002 CONDITIONS OF APPROVAL The proposed movie theater shall substantially conform with the submitted plans for the project date stamped July 26, 2004, 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. The Director of Community Development may also approve minor modifications to plans during plan check if such modifications are to be consistent with the provisions of the Tustin City Code and other applicable codes. Approval of Variance 04-002 shall be contingent upon implementation of all conditions of approval contained within Resolution Nos. 3920, 3921, 3922, 3923, and 3924. All entitlements specified in Resolution Nos. 3920, 3921 3922, 3923, and 3924 shall not become effective until such time as the City and Vestar Development/Kimco Tustin L. P. have executed Disposition and Development Agreement (DDA) 04-02. All entitlements specified in Resolution Nos. 3920, 3921, 3922, 3923, and 3924 shall become null and void in the case of default by the developer or termination by the City of DDA 04-02, including, but not limited to, the City's approval of any final maps not completed at the time of default or termination, to ensure that development proceeds in an orderly manner as specified in DDA 04-02. As a condition of approval of Concept Plan 04-001, the applicant shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision-making body, including staff, concerning this project. The City agrees to promptly notify the applicant of any such claim or action filed against the City and to cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in defense of any such action under this condition. SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODE/S (4) DESIGN REVIEW (5) (6) (7) RESPONSIBLE AGENCY REQUIREMENT LANDSCAPING GUIDELINES PC/CC POLICY EXCEPTION ***