HomeMy WebLinkAboutPC RES 33141 RESOLUTION NO. 3314
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TUSTIN, APPROVING VARIANCE 94-011 TO REDUCE THE
MINIMUM LOT WIDTH OF PARCEL 2 OF TENTATIVE PARCEL
MAP 94-149 FROM SIXTY (60) FEET TO 22 FEET AND TO
INCREASE THE MAXIMUM FENCE HEIGHT IN THE REQUIRED
FRONT YARD SETBACK AREA OF PARCEL 2 OF TENTATIVE
PARCEL MAP 94-149 FROM THREE (3) FEET TO 6'-8" AT
THE PROPERTY LOCATED AT 440 WEST MAIN STREET,
TUSTIN.
The Planning Commission of the City of Tustin does hereby
resolve as follows:
I. The Planning Commission finds and determines as follows:
ae
That a proper application, Variance 94-011, has
been filed by Mr. Donald A. LeJeune to reduce the
minimum lot width of Parcel 2 of Tentative Parcel
Map 94-149 from sixty (60) feet to 22 feet and to
increase the maximum fence height in the required
front yard setback area of Parcel 2 of Tentative
Parcel Map 94-149 from three (3) feet to 6'-8" on
the property located at 440 West Main Street,
Tustin.
Be
That a public hearing was duly noticed, called and
held by the Planning Commission on December 12,
1994.
Ce
The Planning Commission has reviewed the subject
request for a variance to reduce the minimum lot
width and increase the maximum fence height and has
made the following findings:
·
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 all of the other properties
on the same block bounded by Main, "B", Sixth
and Pacific Streets .are zoned for single
family residences and twelve (12) of the lots
have lot widths which are less than the
required sixty (60) feet. In addition, there
are other residential parcels within the
Cultural Resource District which function as
flag lots. The increase in the allowable
fence height shall not constitute a grant of
special privilege in that the fencing is
existing and is setback approximately 150 feet
from Main Street which is consistent with
other fencing in the vicinity.
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Resolution No. 3314
Page 2
·
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 that the subject property is wider
and larger in area than most of the parcels in
the area and has sufficient area to be divided
into two (2) parcels which conform to the
minimum lot size requirements specified in the
City Code. Due to the flag lot configuration
and shape of Parcel 2, the parcels would be
deprived of fencing that is necessary for
security and safety reasons and is typical of
fencing found on other properties in the area.
Based on the City's definition of a front
yard, the subject fencing would be located
within the front yard setback area, but would
function as side yard fencing or as a swimming
pool barrier. The Uniform Building Code
requires that swimming pools be surrounded by
a barrier of at least five (5) feet in height.
De
A Negative Declaration has been prepared and
certified for this project in accordance with the
provisions of the California Environmental Quality
Act.
II. The Planning Commission hereby approves Variance 94-011
to reduce the minimum lot width of Parcel 2 of Tentative
Parcel Map 94-149 from sixty (60) feet to 22 feet and to
increase the maximum fence height in the required front
yard setback area of Parcel 2 of Tentative Parcel Map 94-
149 from three (3) feet to 6'-8" on the property located
at 440 West Main Street, Tustin, subject to the
conditions attached hereto as Exhibit A.
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Resolution No. 3314
Page 3
PASSED AND ADOPTED at a regular meet.
Commission, held on the 12th day of December, 1994.
th~ T3%stin Planning
Secretary
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. 3314 was duly passed
and adopted at a regular meeting of the Tustin Planning
Commission, held on the 12th day of December, 1994.
BARB~A REYES ~
Recording Secretary
EXHIBIT A
RESOLUTION NO. 3314
CONDITIONS OF APPROVAL
VARIANCE 94-011
GENERAL
(1) 1.1 Unless otherwise specified, the conditions
contained in the Exhibit shall be complied with
prior to City Council approval of Final Parcel Map
94-149, subject to review and approval by the
Community Development Department.
(1) 1.2 Variance 94-011 approval is contingent upon city
Council approval of Tentative Parcel Map 94-149.
In the event that Tentative Parcel Map 94-149 is
not approved by the City Council or approval for
Tentative Parcel Map 94-149 expires, Variance 94-
011 approval shall become null and void.
(1) 1.3 The applicant shall hold harmless and defend the
City of Tustin for all claims and liabilities
arising out of the City's approval of the
entitlement process for this project.
(1) 1.4 Approval of Variance 94-011 is contingent upon the
applicant signing and returning an "Agreement to
Conditions Imposed" form, as established by the
Director of Community Development.
mmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmm
SOURCE CODES
(1) STANDARD CONDITION (5) RESPONSIBLE AGENCY
REQUIREMENT
(2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES
(3) UNIFORM BUILDING CODERS (7) PC/CC POLICY
(4) DESIGN REVIEW
*** EXCEPTION