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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
S PACES TO 357 S PACES TO ACCOMMO'DATE
CERTAIN PHASE I TENANT IMPROVEMENTS AT
,
2631 MI CHELLE 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.
B. 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. -
C. That an appeal of the Planning Commission's action
has been filed by Terrence McRell representing
Morton Thiokol, Inc., Dynachem Division.
E. 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-s ite as
required by applicable City Codes with the existing
parking conditions.
F. 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.
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Resolution No. 89-155
November 20, 1989
Page 2
G. 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.
H. 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
389 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.
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Resolution No. 89-155
November 20, 1989
Page 3
D. variance 89-09 is approved for a temporary
reduction of required parking ~o 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 9nter 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 required 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.
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Resolution No. 89-155
November 20, 1989
Page 4
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 parki-ng 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.
3) 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.
4) All 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.
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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.
Mayor
City of Tustin
RESOLUTION CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
·
RESOLUTION NO. 89-155
MARY E. WYNN, City Clerk and ex-officio Clerk of the City Council 'of
the City of Tustin, California, does hereby certify that the whole
number of the members of the City Council of the City of Tustin is
five; that the above and foregoing Resolution No. 89-155 was duly and
regularly introduced, passed and adopted at a regular meeting of the
City Council held on the 20.th day of November, 19.89, by the following
vote ·
COUNCILMEMBER AYES- Kennedy, Edgar, Hoesterey
COUNCILMEMBER NOES- None
COUNCILMEMBER ABSTAINED- None
COUNCILMEMBER ABSENT- Kelly, Prescott
Valerie Whiteman, Acti'ng Chief Deputy City Clerk
for Mary E. Wynn, City Clerk