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RESOLUTION NO. 2017
A RESOLUTION OF THE PLANNING AGENCY OF THE
CITY OF TUSTIN, AUTHORIZING THE PROPERTY
KNOWN AS TUSTIN WALNUT VILLAGE (17292 MCFADDEN)
TO VARY WIll4 THE REQUIREMENTS OF THE ZONING
CODE, AS AMENDED, AND ENCROACH EITHER TEN FEET
OR TO THE ULTIMATE RIGHT-OF-WAY LINE OF MCFADDEN
The Planning Agency of the City of Tustin does hereby resolve as
follows'
I. The Planning Agency finds and determines as follows-
A. That a proper application (Variance No. 82-1) was filed by
Maurice Lebanoff requesting authorization to vary with the
requirements of the Zoning Code, as amended, for a side yard
setback for an arterial highway.
B. That a public hearing was duly called, noticed and held on
said application.
C. That because of special circumstances applicable to the sub-
ject property, relative to size, shape, topography, location
or surroundings, a strict application of the Zoning Ordinance
is found to deprive the subject property of privileges enjoy-
ed by other properties in the vicinity and under identical
zone classification, evidenced by the following findings:
1. The use is in conformance with the land use element of
the Tustin Area General Plan.
2. The remote likelihood that McFadden will be widened.
D. That the granting of a variance as herein provided will not
constitute a grant of special privilege inconsistent with the
limitations upon other properties in the vicinity and dis-
trict in which the subject property is situated.
E. That this project is categorically exempt from the require-
ments of the California Environmental Quality Act.
F. That the granting of the variance as herein provided will not
be contrary to the intent of the Zoning Ordinance or the pub-
lic safety, health and welfare, and said variance should be
granted.
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Resolution No. 2017
-2- 2/1/82
G. Proposed development shall be in accordance with the develop-
ment policies adopted by the City Council, Uniform Building
Codes as administered by the Building Official, Fire Code as
administerd by the Orange County Fire Marshal, and street im-
provement requirements as administered by the City Engineer.
H. Final development plans shall require the review and approval
of the Community Development Director.
II. The Planning Agency hereby grants a variance as applied for, to
vary with the side yard setback for a primary highway, and allow
17292 McFadden to encroach/~>~-~- ~,,, ,-,, ~ the ultimate
right-of-way for McFadden Ave~ue subject to the follwowing condi-
tions'
A. The completion of all missing or damaged street improvements,
which includes, but is not limited to; curbs and gutters,
sidewalks, or drive aprons.
B. No alternations to the current landscaping plan will be
permitted unless a landscape plan is submitted and approved
by the Community Development Department.
PASSED AND ADO?TED at a re_~ul~ar meeting of the Tustin Planning Agency,
held on the 1st day of February, 1982.
22) Recording Secretary
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EK: ih- 1-25-82
STATE OF CALI~A )
COUNT~ OF ~ )
CITY OF TUSTIN )
I, ~ ANN CHAMBE~LA~, the undersigned, hereby certify that I am the
Recorc~ Secretary of the Planning A~en~y of the Cit7 of Tustin, California;
of the Tustin Plsm_ning A~ency, held on the
Asso~f.a.te Planner
Tustin Planning Agency