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HomeMy WebLinkAboutPC RES 199510 ll 13 14 15 17 18 19 2O 24 25 27 28 RESOLUTION NO. 1995 A RESOLUTION OF THE PLANNING AGENCY OF THE CITY OF TUSTIN, REQUESTING AUTHORITY TO VARY WITH REAR SET-BACK AND ULTIMATE RIGHT-OF-WAY FRONT SET-BACK FOR A PROFESSIONAL OFFICE BUILDING IN A MULTIPLE FAMILY RESIDENTIAL (R-3) ZONE, LOCATED AT 14351 RED HILL AVENUE. The Planing 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.81-5, was filed by Joseph Boswell requesting authorization to vary with the requirements of Multiple Family Residential District, to permit a 6 foot rear set-back and 17 foot front set-back from ultimate right-of-way. B. That a public hearing was duly called, noticed and held on said application. C. That because of special circumstances applicable to the subject property, relative to size, shape, topo- graphy, location or surroundings, a strict application of the Zoning Ordinance is found to deprive subject property of privileges enjoyed 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 site is restricted by the required mandatory hi ghway dedi cations. D. That the granting of a variance as herein provided will not constitute a grant of special privilege in- consistent with the limitations upon other properties in the vicinity and district in which the subject property is situated. E. That this project is categorically exempt from the requirements 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 public safety, health and welfare, and said variance should be granted. lO 13 14 l§ 17 18 19 2O 24 27 28 Resolution No. 1995 August 3, 1981 Page Two G. Proposed development shall be in accordance with the development policies adopted by the City Council; Uni- form Building Codes as administered by the Building Official; Fire Codes as administered by the Orange County Fire Marshal; and street improvement require- ments as administered by the City Engineer. H. Final development plans shall require the review and approval of the Community Development Director. II. Planning Agency hereby grants a variance as applied for, to authorize a six foot rear set-back and seventeen foot ultimate right-of-way front set-back for a professional office building in a Multiple-Family Residential District, subject to the following conditions' A. The completion of all missing or damaged street improvements, which includes, but is not limited to: curbs and gutters, sidewalks, drive aprons, streets, street trees, or any required marbelite street lights with underground conduit. B. A dedication of seventeen feet of land shall be required for interim street purposes along Red Hill Avenue. C. A dedication or execution of an irrevocable offer of dedication for a ten foot strip of land accross the Red Hill Avenue frontage shall be required. D. Prior to Certificate of Occupancy, the subject property shall be annexed to the Tustin Lighting District or Orange County Lighting District No. 6. E. The payment of Sanitation District No. 7 sewer connection fees shall be required. F. The payment of East Orange County Water District fees shall be required. G. A grading plan shall be required for review and approval. H. Prior to building permit issuance, a landscape plan shall be required for review and approval. lO ll 13 14 15 17 18 19 20 24 25 27 28 Resolution No. 1995 August 3, 1981 Page Three I. This Variance shall not become valid until the zone change to the Multiple Family Residential District (R-3) is complete. J. The second story windows on the rear elevation shall be screened to protect the privacy of the adjacent residential units. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Agency held on the 3rd day of August, 1981. M~ry An~Chamberl a~n Recording Secretary James-B. Sharp Chairman STATE OF CALI~NIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, NARY ANN ~ERIAIN, the undersigned, herebF certifF that I am the Recording Secre~ry of the Planning Agency of the City of Tustin, California; that the forgoing Resolution was duly psssed~ and, adopted 3%t a m~gul, sm ~-cti_~,. of the Tustin Planning Agency, held on the ~d~y of ~ , 19~_~ A~f ~rl~ih i~te Planner Tustin Planning Agency