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Home My WebLink AboutPC RES 3353i RESOLUTION NO. 3353 10 11 12 13 14 15 16 17 18 2O 21 22 23 24 25 26 27 28 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING VARIANCE 95-004 TO REDUCE THE MINIMUM REAR YARD SETBACK FROM FIVE (5) FEET TO THREE (3) FEET TO ACCOMMODATE THE DEVELOPMENT OF A OUTDOOR SPA ON TtIE PROPERTY LOCATED AT 2464 AQUASANTA. The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: ne That a proper application, Variance 95-004, has been filed by Mr. William Moughan to reduce a portion of the minimum rear yard setback from five (5) feet to three (3) feet for an outdoor spa on the property located at 2464 Aquasanta. Be That a public hearing was duly noticed, called and held by the Planning Commission on May 8, 1995. C. The Planning Commission has reviewed the subject request for a variance to reduce the required minimum rear yard setback and has made the following findings: e Granting the variance shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and district in which the project is situated in that there are other properties in the vicinity which can construct an outdoor spa with a zero setback. The proposed variance will grant property benefits already enjoyed by other existing residents in the development. There are unusual or exceptional circumstances applicable no the property, including size, shape, topography, location or surroundings which deprive the subject property of privileges enjoyed by other properties in the area in that the applicant's townhouse is prevented from constructing a outdoor spa abutting the rear fence solely because it boarders the development property line. This places an unfair restriction on the applicant's townhouse not equally shared by the other interior townhouses. . The requested setback variance will not.result in any adverse impacts to the adjacent rear property. The subject rear yard is adjacent to the Tustin Ranch Golf Course and slightly above the grade of the golf course offering a beneficial line of sight. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 33.%3 Page 2 m . This project has been determined to be Categorically Exempt (Class 5) pursuant to the provisions of Section 15305 of the California Environmental Quality Act. Ee This project has been reviewed for consistency with the City of Tustin General Plan and has been determined to be consistent the General Plan. II. The Planning Commission hereby approves Variance 95-004 to reduce a portion of the minimum rear yard setback from five (5) feet to three (3) feet to accommodate the development of an outdoor spa on the propertY located at 2464 Aquasanta, subject to the conditions contained in Exhibit A, attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 8th day of May, 1995. BARBARA REYES Secretary Chairperson 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. 3353 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 8th day of May, 1995. BARBARA REYES/ Recording Secretary EXHIBIT A VARIANCE 95-004 CONDITIONS OF APPROVAL RESOLUTION NO. 3353 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped May 8, 1995 on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development Department in accordance with this Exhibit. The Director of Community Development may also approve subsequent minor modifications to plans during plan check if such modifications are to be consistent with provisions of the Tustin City Code. (1) 1.2 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. (1) 1.3 Variance approval shall become null and void unless all permits for the proposed outdoor spa are issued within twelve (12) months of the date of this Exhibit. Time extensions may be granted by the Planning Commission if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.4 Approval of Variance 95-004 is contingent upon the applicant/property owner signing and returning an "Agreement to Conditions Imposed" form as established by the Director of Community Development. (!) 1.5 The applicant shall hold and defend the City of Tustin harmless for all claims and liabilities arising out of City's approval of the entitlement process for this project. .SITE PLAN/ELEVATIONS (1) 2.1 Pursuant to City Code Section 9271(n), a minimum of three (3) feet shall be maintained between accessory structures on separate parcels, unless the adjoining structure is constructed with a zero foot setback in which case no setback is required. The distances from the property line to the nearest accessory structures on the adjacent parcels shall be provided at Building Plan Check. SOURCE CODES (1) STAI~DARD CONDITION (5) RESPONSIBLE AGENCY REQ. (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW Exhibit A Conditions of" Approval Resolution No. 3353 Page 2 (4) 2.2 The locations of all proposed mechanical equipment such as the water pumps, water heater and blowers shall be shown on the site plan and shall be located at least 3 feet from the side fence line and 10 feet from any openable window on any adjacent unit. (1) 2.3 Ail site drainage shall be handled on-site and shall not be permitted to drain onto adjacent properties. 2.4 Prior to the issuance of building permits the applicant shall submit written proof of Home Owner Association approval to the Director of Community Development, that the association approves of the construction of the outdoor spa as proposed. BUILDING DIVISION (3) 3.1 The proposed spa shall in all respects comply with the Building Codes, City ordinances and the State and Federal laws and regulations. FEES (1) 4.1 Prior to the issuance of building permits, the applicant shall pay all applicable building permit and plan check fees to the Community Development Department. Payment will be required based upon those rates in effect at the time of permit issuance and are subject to change. (1) 4.2 Within for~y-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the County Clerk, in the amount of $25.00 (twenty five dollars) to enable the City to file with the County Clerk, the appropriate environmental documentation pursuant to the California Environmental Quality Act. If within such forty-eight (48) hour period, the applicant has not delivered to the Community Development Department the above noted check, the approval for the project granted herein shall be considered automatically null and void. Exhib]t A Conditions of Approval Resolution No. 3353 Page 3 In addition, should the Department of Fish and Game reject the Certificate of Fee Exemption filed with the Notice of Determination and require payment of fees, the applicant shall deliver to the Community Development Department within forty-eight hours of notification, a cashier's check payable to the County Clerk in the amount of $850 (eight hundred fifty dollars) if an EIR was prepared or $1,250 (twelve hundred fifty dollars) if a Negative Declaration was prepared. If this fee is imposed, the subject project shall not be operative, vested or final unless and until the fee is paid.