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RESOLUTION NO. 2712
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF TUSTIN,
CALIFORNIA APPROVING VARIANCE 89-18
PERMITTING AN EXISTING 119 SQUARE
FOOT FRONT ROOM ADDITION TO AN
EXISTING SINGLE FAMILY HOME WITH A
3.6 FOOT SIDE SETBACK WHERE CITY
ZONING CODES REQUIRES A MINIMUM 5
FOOT SETBACK LOCATED AT 13662 GREEN
VALLEY AVENUE
The Planning Commission of the City of Tustin does
hereby resolve as follows:
I ·
The Planning Commission finds and determines as
follows:
A·
That a proper application, Variance 89-18 has
been filed on behalf of Kevin Ellis requesting
approval to permit -a 119 square foot front
room addition to an existing single family
home with a 3.6 foot side setback where City
zoning code requires a minimum 5 foot setback
located at 13662 Green Valley Avenue. on'~
property legally described as Lot 5, Block 8
of Tract 632 as recorded in Book 20, Page 30
by the Orange County Recorder.
Be
That a Public Hearing was duly called, noticed
and held for said application on November 27,
1989.
Ce
That this project has been determined to be
Categorically Exempt (Class 1) pursuant to the
provisions of Section 15301 of the California
Environmental Quality Act.
De
That a variance from the minimum 5 foot
sideyard setback required by the zoning code
is warranted as demonstrated in the following
findings:
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Resolution No. 2712
November 27, 1989
Pa~e 2
·
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There are unusual or exceptional
circumstances applicable to the subject
property which do not necessarily apply
to other properties in the same zoning
district; in that the existing structure
on the property was built under County
jurisdiction which permitted a 3.6 foot
side yard setback which reduces the
potential for a normal, architecturally
compatible room addition at the proposed
location under the constraint of the
presently required five foot side
setback.
.
Granting the requested variance would not
convey a special privilege to the
property owner which is not enjoyed by
other property owners in the same
district in that while most surrounding
properties meet the current five foot
requirement they are allowed construction
of their lots which match existing
building lines in order to achieve
architectural consistency and
compatibility. There is also another
older home along Green Valley which has
less than the required five foot side
yard.
The granting of this variance would not
be detrimental to adjacent and
surrounding properties in that the
proposed 3.6 foot room addition setback
does not encroach into the side yard any
further than the existing building does
and is not obtrusive to the neighboring
property owners. Since the size of the
addition is small and is consistent and
compatible with the architecture of the
existing building.
The granting of this variance would not
be contrary to the City's General Plan in
that it would not constitute unorderly
development.
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Resolution No. 2712
November 27, 1989
Page 3
II. The Planning Commission hereby approves Variance
89-18 permitting a 119 square foot front room
addition to an existing single family home with a
3.6 foot side setback where City zoning code
requires a minimum five foot setback located at
13662 Green Valley Avenue, subject to the
conditions contained within the attached Exhibit A.
PASSED AND ADOPTED at a regular meeting of· the Tustin
Planning Commission, held on the 27th day of November,
1989.
Chairman
EXWIBIT ]%
RESOLUTION NO. 2712
· CONDITIONS OF APPROVAL
VARIANCE 89-18
GENERAL
(1) 1.1 The proposed subject project shall Substantially conform
to submitted plans date stamped November 27, 1989 on file
with the Community Development Department as herein
modified or as modified by the Director of Community
Development.
(1) 1.2 Unless otherwise specified, 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 Variance approval shall become null and void unless sign
*** permits and all construction is complected within 6 months
of the date of this exhibit.
(1) 1.4 Approval of Variance 89-18 is contingent upon the
applicant signing and returning an "Agreement to
Conditions Imposed" form as established by the Director
of Community Development.
Plan Submittal
(2) 2.1 At building plan check submittal and prior to issuance
of sign permits:
.
(3) 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.
(1) b.
Provide payment of all required fees as applicable
including plan check and permit fees to Community
Development Department.
SOURCE CODES
(1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT
(2) CEQ/% MITIGATION (6) LANDSCAPING GUIDELINES
(3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY
(4) DESIGN REVIEW
*** EXCEPTION
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF TUSTIN
I, PENNI FOLEY, the undersigned, hereby certify that I am the Recording
Secretary of .the Planning Commission of the City of Tusttn, California; that
Resolution No. ~ ,~_. was duly passed and adopted at a ,regular meeting of
the Tustln Planning Commtgston, held on the ~')d- day of ~/~/cr~-~.~Z~_ ,
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PL:~NI FOLEY
Record1 ng Secretary