The URL can be used to link to this page

Home My WebLink AboutPC RES 33556 10 11 12 13 14 15 16 17 2O 21 22 23 24 25 26 27 28 RESOLUTION NO. 3355 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTiN, APPROVING VARIANCE 95-002 TO 1) REDUCE REQUIRED PARKING FROM ONE (1) GARAGE SPACE AND ONE (1) OPEN SPACE TO ONE GARAGE SPACE PER UNIT; AND 2) REDUCE MINIMUM SIDE YARD.SETBACKS, MINIMUM BUILDING SITE, MINIMUM LOT WIDTH, AND MINIMUM LOT AREA PER FAMILY UNIT TO ALLOW EACH EXISTING PROPERTY TO BE RESTORED AS PREVIOUSLY EXISTED IN THE EVENT OF ITS DESTRUCTION TO THE EXTENT OF MORE THAN FIFTY (50) PERCENT OF ITS REASONABLE VALUE AT THE TIME OF ITS DESTRUCTION BY FIRE, EXPLOSION OR OTHER CASUALTY OR ACT OF GOD WITHOUT COMPLIANCE WITH THE CURRENT REGULATIONS EXISTING IN THE DISTRICT WHEREIN IT IS LOCATED ON SEVENTEEN (17) PARCELS LOCATED AT 14241 THROUGH 14352 GREEN VALLEY AVENUE, TUSTIN. The Pla.~ping Commission of the City of Tustin does hereby resolve as follows: I o The Planning Commission finds and determines as follows- no That a proper application, Variance 95-002, has been filed by the City of Tustin to 1) reduce required parking from one (1) garage space and one (!) open space to one garage space per unit; and 2) reduce minimum side yard setbacks, minimum building site, minimum lot width, and minimum lot area per fami!v unit ~c allow each existing property to be restored =~-~ Drevious!v. ~ existed in the event of its destruc-ion to the extent of more than ~iftv (50) - Dercen? of ~= reasonable value -n the -ime o= its destruction by fire, explosion or other casualty or act o= ~od without commlia~ce with the current regulations existing in the district wherein ~ ~= located on seventeen (17) parcels located at 14241 through 14352 Green Vaiiev Avenue, Tustin. m o That a public hearing was duly noticed, called and held by the Planning Commission on May 8, 1995 and was continued to June !2, 1995. C o The Planning Commission has reviewed the subject request for a variance to reduce the required number of parking spaces, minimum side yard setbacks, minimum building site, minimum lot width and minimum lot area per family unit and has made the following findings: 10 11 12 13 14 15 ~ C 2O 21 22 24 25 26 27 28 Planning Commission Resolution No. 3355 Page 2 m o . Granting ~he variance shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and district in which the project is situated in that no changes are proposed on the subject properties, which were originally developed with variances and subsequently subdivided in accordance with County standards. Approval of the subject variance would only allow the property owners to rebuild the properties as they were originally constructed in the event of a disaster; other reconstructions or alterations would still need to comply with current R-2 development standards. Furthermore, State Law allows for the reconstruction of multiple family buildings (relating to size and number of units) following damage or destruction caused by a disaster. In addition, a similar variance was recently approved for one of the properties which was subdivided in the neighborhood under City standards. o There are unusual or exceptional circumstances applicable to the property, including size, shape, topography, location or surroundings which deprive the subject property of privileges enjoyed by other properties in the area, in -hat the subdivision pattern of the ~.ic'".' resembles single family residential deve ~ ~-'- whi _ _~=m~.. , ie the neichborhood is zoned ~or mu tiz=,,,z . (duplex) deveioDment. No preceden% would be esuablished as this deveicpmen- pattern is unique in the area. Fu~uhermore, the subjecu properties are l¢'-ated wiuhin an isolated cul-de-sac ~ ~ai, a public surrounde~ by a majo_ artec= school sine, and multiple family development. These factors would significantly restrict conformance with current Code requirements in nhe event cf a disaster. A Negative Declaration has been prepared and certified for this project in accordance with the provisions of the California Environmental Quality Act. 5 10 11 12 13 14 15 16 17 --- 18 19 20t. 22 23 24 25 26 27 28 Planning Commissio~ Resolution No. 3255 Page 3 II. The Planning Commission hereby approves Variance 95-002 to 1) reduce required parking from one garage space and one open space to one garage space per unit; and 2) reduce minimum side yard setbacks, minimum building site, minimum lot width, and minimum lot area per family unit, as depicted in Exhibit A attached hereto, to allow each existing property to b~ restored as previously existed in the event of its destruction to the extent of more than fifty (50) percent of its reasonable value at the time of its destruction by fire, explosion or other casualty or act of god without compliance with the current regulat±ons existing ~n the district wherein it is located for the seventeen (17) parcels located at 14241 through 14352 Green V~lley Avenue, Tustin, subj'ect to the conditions contained in Exhibit B, attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 12th day of June, 1995. BARBAR~. REYmS Secretary _L>~per~on STATE OF CL-LiFOPJqiA ', COUNTY OF ORTzNGE i~ CITY OF TUSTiN " i, BARBAF~. KEYES nhe undersigned, hereby cern~=v Ehan ! am the Recording Secretary o= uhe Planning Commission of -he City of Tustin, California; tha?~ Resolution No. __~_~ was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 12th da}, of June, 1995. BARBAP~A KEYES ~/ Recording Secretary GENERAL EXHIBIT B VARIANCE 95-002 CONDITIONS OF APPROVAL RESOLUTION NO. 3355 (1) 1.1 Each of the Green Valley property owners shall sign and return an Agreement to Conditions Imposed form within thirty (30) days of approval of the subject project. Variance approval shall become null and void for those properties for which a signed Agreement to Conditions Imposed form has not been received within thirty (30) days of approval of the subject project. 1.2 Variance 95-002 reduces the required development standards for seventeen (17) properties on Green Valley Avenue, as identified in the following table: AP ~ OPEN SIDE BLDG LOT LOT AREA/ PARKING SETBACK SITE WIDTH FAM. UNIT 432-091-03 0 * 6,564 * 3,282 432-091-04 0 4'-8" 5,610 51 2,805 432-091-05 0 * * * 3,025 432-091-34 0 4' -8" 6, 050 55 3, 025 432-091-35 0 * 6,050 55 3,025 432-091-08 0 * * 43.15 * 432-091-09 0 4'-8" * 35.46 * 432-091-1C 0 * * 35.4~ * 432-0c~_-~2 0 z' -8" * * * 432-0 432-0S'-15. 0 ~ 6,677 * 3,339 -- - - ~ 2,C2q ~- r,c- ~ 0 * 6,050 ~_-~ _ 432-r'a~-i7 0 ~'-0" 6,050 43c-0c~~ __-4~ (} * 6,050 __~' 3,025 432-09' -39 0 z' -iO" 6, 050 55 2, 025 432 0 - -~- ,~ 50 2 770 432-091-40 0 * 6,408 * 3,204 NTT N~EEDEE - MEETS OR EXCEEDS R-? DEVELOPMENT SOURCE CODES ( 1 ) STA/%~DARD COND ITI ON (3) UNIFORM BUILDING CODE/S (5) RESPONSIBLE AGENCY (7) PC/CC POLICY ** * EXCEPTION (2) (4) (6) CEQA MITIGATION DESIGN REVIEW LANDSCAPING GUIDELINES Exhibit B Conditions of Approval Resolution No. 3355 Page 2 *** 1.3 In the event that any of the dwelling units are involuntarily damaged or destroyed by fire, other catastrophic event, or the public enemy, each property owner shall be entitled to reconstruct, restore or rebuild in accordance with specific Variances granted for each property by Variance 95-002. *** 1.4 Under this Variance, duplexes may be rebuilt and replaced to their pre-damaged size, height and numbers as previously existing. *** 1.5 Ail future enlargements, extensions, reconstructions and/or alterations of any of the subject duplexes shall comply with all curreht Code requirements if the duplex has not been involuntarily damaged or destroyed by fire or other catastrophic event. pcresos/3355, sr2