HomeMy WebLinkAboutPC RES 33781 RESOLUTION NO. 3378
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TUSTIN, CALIFORNIA, APPROVING VARIANCE 95-003,
TO REDUCE THE MINIMUM REQUIRED LOT SIZE FROM 30,000
SQUARE FEET TO 21,780 SQUARE FEET AND TO INCREASE
THE MAXIMUM PERMITTED LOT COVERAGE FROM 50% TO 69%
ON THE PROPERTY LOCATED AT 14272 FRANKLIN AVENUE
The Planning Commission of the city of Tustin does hereby
resolve as follows:
I. The Planning Commission finds and determines as follows:
a.
B,
C.
D ·
That Variance 95-003 was submitted to the Planning
Commission by Williamson and Schmid, for
consideration.
That a public hearing was duly noticed, called and
held on said application bY the Planning Commission
on August 28, 1995.
That the project will not have a significant effect
on the environment in that a Negative Declaration
has been prepared pursuant to the provisions of the
California Environmental Quality Act (CEQA).
That any Variance granted shall be subject to such
conditions as will assure that the adjustment
thereby authorized shall 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 as
evidenced by the following:
The Variance will not result in a grant of
special privilege or development not already
enjoyed by the'applicant and adjacent
properties. Development intensity will not
increase nor will the physical environment
experience any deficiency as a result of these
Variances. The proposed Variances do not
authorize nor do they propose any new
development or building expansion. All other
development standards related to building
height, building separation, setbacks and
parking which effect the built environment
will be satisfied, including the General Plan
Land Use Element Floor Area Ratio standards.
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Resolution No. 3378
Page 2
Ee
That because of special circumstances applicable to
the subject property, including size, shape,
topography, location or surroundings, the strict
application of the Zoning Ordinance is found to
deprive the subject property of privileges enjoyed
by other properties in the vicinity and under
identical zone classifications as evidenced by the
following:
·
The total building square footage and total
site square footage on-site will not change.
.... Because--.onty-.the--~ctu~l---bui~di~g--~o-otprfn~
along with a 10 foot strip of land surrounding
the buildings become the actual parcel, this
creates the illusion that the proposed parcels
are deficient in lot area and the proposed
buildings exceed the maximum lot coverage
standards. The proposed area of the lettered
parcel Surrounding each building, which is
three times the area of each proposed numbered
parcel is artificially removed lot coverage
and lot size calculations. The development
will still function as one cohesive center as
it was originally designed.
The Variance would also allow the proper.ty to
remain competitive within the City and
adjacent communities by creating a subdivision
pattern which would reflect the marketing and
financing needs of the industry.
II. The Planning Commission hereby approves of Variance 95-
003, for the property located at 14272 Franklin Avenue
subject to the conditions contained in Exhibit A,
attached hereto.
PASSED AND ADOPTED by the Planning Commission of the City of
Tustin at a regular meeting held on the 28th day of August,
1995.
Recording Secretary
Resolution 7,'o. 3378
Page 3
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, BARBARA REYES, the undersigned, hereby certify that I am
the Recording Secretary of the Planning Commission of the City
of Tustin, California; that Resolution No. 3378 was duly
passed and adopted at a regular meeting of the Tustin Planning
Commission, held on the 28th day of August, 1995.
10 Recording Secretary
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EXHIBIT A
VARIANCE 95-003
CO~ITIONS OF APPROVAL
RESOLUTION NO. 3378
GENERAL
(1) 1.1 The proposed project shall substantially conform with the
submitted plans date stamped August 28, 1995 on file with
the Community Development Department 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 subsequent minor
modifications to plans during plan check.
The__applicanS_._shall--sign---and r. et.u~n---an .... Agreement .... to
Conditions Imposed form prior to Planning Commission
review of subsequent land use applications.
(1) 1.3 The applicant shall hold and defend the City of Tustin
harmless for all claims and liabilities arising out of
the City's approval of the entitlement process for this
project.
*** 1.4 variance approval is contingent upon City Council
approval of TPM 95-115 and shall become null and void
unless a final parcel map for Tentative Parcel Map 95-115
is recorded within twenty four (24) months of the date of
this E>[hibit, or as may be extended..
(1) 1.5 Parcels !, 2, and 3 shall not contain less than 21,750
square feet each nor exceed a maximum lot coverage o~
69%.
SOURCE CODES
(1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT
(2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES
(3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY
(4) DESIGN REVIEW (8) MUNICIPAL CODE
**** EXCEPTION