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RESOLUTION NO. 2986
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TUSTIN, CALIFORNIA, APPROVING DESIGN REVIEW 89-
44 AND VARIANCE 90-11, TO REDUCE THE MINIMUM
BUILDING SITE AREA FOR MULTIPLE FAMILY DWELLINGS
FROM 7,000-SQUARE FEET TO 6,783-SQUARE FEET TO
ALLOW THE DEVELOPMENT OF A SECOND RESIDENTIAL
DWELLING UNIT ON THE SUBJECT SITE WHICH IS
SUBSTANDARD LOCATED AT 13651 GREEN VALLEY AVENUE,
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 Design Review 89-44 and
Variance 90-11 has been filed on behalf of Mr.
Amauri Nicasio to reduce the minimum building site
area for multiple family dwellings from 7,000-
square feet to 6,783-square feet to allow the
development of a second residential dwelling unit
on the subject site which is substandard located at
13651 Green Valley Avenue, Tustin
Be
That a public hearing was duly called, noticed and
held for said application on December 9, 1991.
Ce
That the Planning Commission has reviewed the
request to reduce the minimum building site area
for multiple family dwellings from 7,000-square
feet to 6,783-square feet to allow the development
of a second residential dwelling unit on the
subject site which is substandard located at 13651
Green Valley Avenue, Tustin and can be supported by
the following findings:
The site is unusual in regards to its size.
The site was legally created in 1924 and
subsequently annexed into the City in 1980, a~
which time it became a legal nonconforming
parcel as the lot area did not conform to the
minimum required in the R-3 District.
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There currently exists a number of duplex and
multiple-family developments which were
constructed prior to and after annexation into
the City that surround the proposed project on
Green Valley Avenue. The Variance would no~
convey a privilege to this property owners not
enjoyed by others in the same Zoning District.
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Resolution No. 2986
Page 2
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There are at least two Variances previously
approved to reduce the minimum building site
area to accommodate the development o!
substandard parcels.
The layout and design of the proposed project
is consistent with the surrounding development
and meets or exceeds the development standard~
of the Multiple Family Residential (R-3)
District. Thus, the project will not be
materially detrimental to the surroundin¢
properties as similar projects have been
developed in the neighborhood.
The proposed project is consistent with the
provisions of general plan in that it will not
result in disorderly development and is in
keeping with the desired densities for the R-3
2,700 District as similar projects have been
developed in the neighborhood.
II. The Planning Commission hereby approves Design Review 89~
44 and Variance 90-11 to reduce the minimum building sit~
area for multiple family dwellings from 7,000-square fee~
to 6,783-square feet to allow the development of a second
residential dwelling unit on the subject site which
substandard located at 13651 Green Valley Avenue, Tustin,i
subject to the conditions contained within Exhibit
attached hereto.
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Resolution No. 2986
Page 3
PASSED AND ADOPTED at a regular Planning Commission meeting on
the 9th day of December, 1991.
C~"~'L-~.. ~I/f.. BAKER
Chairman
KATHLEEN CLANCY ~/~
Secretary ~
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, KATHLEEN CLANCY, the undersigned, hereby certify that I a~
the Recording Secretary of the Planning Commissicn of the City'
of Tustin, California; that Resolution No. 2986 was duly
passed and adopted at a regular meeting of the Tustin Planning
Commission, held on the 9th day of December, 19~1.
KATHLEEN CLANCY
Recordina Secretary
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EXHIBIT A
RESOLUTION NO. 2986
CONDITIONS OF APPROVAL
DESIGN REVIEW 89-44 AND VARIANCE 90-11
GENERAL
*** 1.1 The proposed project shall substantially conform to
(1) submitted plans date stamped December 9, 1991 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 if such
modifications are determined consistent with the approved
plans.
(1) 1.2 Unless otherwise specified, all conditions in this
exhibit shall be complied with prior to issuance of any
building permits for the project, subject to review and
approval by the Community Development Department.
(1) 1.3 The Design Review and Variance approval shall become null
and void unless building permits are issued within
eighteen (18) months of the date of this exhibit.
(1) 1.4 Approval of Design Review 89-44 and Variance 90-11 is
contingent upon the applicant signing and returning an
"Agreement to Conditions Imposed" form as established by
the Director of Community Development.
(4) 1.5 The site plan and elevations shall be redesigned to
include permanent architectural structure that connects
the front dwelling unit to the rear dwelling unit
consistent with partial plan and elevation as depicted in
Exhibits B and C. Design of this element shall be
subject to review and approval by the Community
Development Departmen~ ~,~ing review cf wcrking drawings
in Building Plan Check.
(4) 1.6 This parcel will need to be annexed to the Tustin
Lighting and Landscape Maintenance District. The City
will require a letter from the property owner stating
that he will not protest said annexation.
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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
*** EXCEPTION
Exhibit A - Conditions of Approval
Design Review 89-44 & Variance 90-11
Page 2
(4) 1.? Ail overhead utilities exclusively serving the site shall
be removed and placed underground.
(1) 1.8 Any damage done to existing street improvements and
utilities shall be repaired before issuance of a
Certificate of Occupancy for the project.
PLAN SUBMITTAL
(2) 2.~ At building plan check submittal provide:
A®
Construction plans, structural calculations and
Title 24 energy calculations. Requirements of the
Uniform Building codes, State Handicap and Energy
Requirements shall be complied with as approved by.
the Building Official.
Be
Preliminary technical detail and plans for all
utility installations including cable TV,
telephone, gas, water and electric2ty.
Additionally, a note on plans shall be included
stating that no field changes shall be made without
corrections submitted to and approved by the
Building Official.
Ce
Final grading and specifications consistent with
the site plan and landscaping plans and prepared by
a registered civil engineer for approval of the
Community Development Department. The grading plan
should be based on the Orange County Surveyor's
Bench Mark Datum.
(4) Z.Z Any construction within the public right-of-way must be
shown on a separate 24" × 36" street improvement plan
with all construction items referenced to the applicable
City Standard Drawing Number.
FEES
(1) 3.1 Payment of the Orange County Sanitation District No. 7
Sewer Connection fees will be required at the time a
building permit is issued.
(1) 3.2 Payment of the East Orange County Water District fees
will be required prior to a building permit being issued.
Exhibit A - Conditions of Approval
Design Review 89-44 & Variance 90-11
Page 3
(1) 3.3 Payment of the Major Thoroughfare and Bridge fees will be
required at the time a building permit is issued.
(1) 3.4 The applicant shall pay all applicable building plan
check and permits fees prior to the issuance of any
building permits.
(1) 3.5 The applicant shall pay all applicable new development
fees to the Community Development Department prior to the
issuance of any permits.
(1) 3.6 The applicant shall pay all applicable school district
fees to the Tustin Unified School District prior to the
issuance of any building permits.
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