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RESOLUTION NO. 1957
A RESOLUTION OF THE PLANNING AGENCY OF THE
CITY OF TUSTIN, GRANTING AUTHORITY TO VARY
WITH THE SETBACK REQUIREMENT FOR A PRIMARY
HIGHWAY FOR THE PROPERTY LOCATED ON THE NORTH
EAST CORNER OF "C" STREET AND MAIN STREET
F_.~LUTI~ NO. 1957
A RFSOLUTI(II OF THE tKANNI~ AGENCY OF THE
CITY OF TUSTIN, GRANTIRI~ ~ORITY TO VARY
WITH THE SETBACK REQUIREMENT FCR A PRIMARY
HIGHWAY FOR THE PROP~ LOCATED C~ tHE NORTH
EAST CORNER OF "C" b-r~'r AND MAIN b'r~T
The Planing Agency of the City of Tustin does hereby resolve ss
follows:
I. The Planning Agency finds and determines as follows:
A. That a proper application,(Variance No.81-3), was
filed b~ Wynne S. Going, Jr., requesting authorization
to varywith the requirements of a primary highway set-
back along Main Street, reducing the required fifteen
feet to 2.5 feet.
B. That a public hearing was duly called, noticed and
held on said application.
C. That because of special circ~wa~tances applicable to
the subject property, relative to size, shape, topo-
graphy, location or surroundings, a strict application
of the Zoning Ordinance is fomd to deprive subject
property of privileges enjoyed by other properties
enjoyed by other properties in the vicinity and under
identical zone classification, evidenced by the follow-
ing findings:
1. The use is in conformance with the land use
element of the Tustin Area General Plan.
2. That due to size, shape, location and the
doubtful status of the widening of Nain Street, a
h~rdship does exist.
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 ss 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.
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Resolution No. 1957
April 6, 1981
Page 2
G. Proposed development shall be in accordance with the
development policies adopted b~ the City Council; Uni-
form Building Codes as admtuistered by the Building
Official; Fire Codes as administered by the Orange
County Fire Narsbal; and street improvement require-
ments a~ administered by the City Engineer.
H. Final development plans shall require the review
and approval of the Omwmmtty Development Director.
II. Planning Agency hereby grants a variance as applied
for, to authorize a variance frcm the primary highway
designation on Main Street for the northeast corner of Main
Street and "C" Street from fifteen feet to 2.5 feet from
the ultimate right-of-way line, subject to the following
conditions:
A. Dedication or an irrevokable offer of dedication
.~h~ll be required along Main Street and at the corner
cut-off area per the requirement of the City Engineer.
B. Written evidence indicating access easement rights
to the alley on the eastern boundary have been granted
shall be mflmmitted to the Commmity Development Depart-
ment prior to building permit issuance.
C. A final grading plan ._~/mll be required for final
review and approval.
D. Prior to building permit issuance, a landscape plan
shall be required for review and approval.
E. The completion of all missing or damaged street im-
provements, which includes, but is not limited to:
curbs and gutters, sidewalks, drive aprons, street
trees, o~ any required marbelite street lights with
underground conduit.
F. East Orange County Water District fees ~h~ll be re-
quired prior to issuance of building permits.
G. A master sign plan shall be required per Ordinance
No. 684.
H. The ~ro~o~ed b~ilding overhang shall either be re-
moved at the time the city obtains the dedication to
widen Nain Street or prior to b~ilding permit issuance,
the c~ner shall execute a written agreement with the
city stating that the city will grant the c~ner an
encroachment permit if the city is held harml~ and
if the overhang does not impact any ~blic facilities
or interfere with the safe flc~ of traffic.
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Resolution No. 1957
April 6', 1981
Page 3
PASSED AND ADOPTED at .z~r~gular m~eting~of the ~ ~Tgstin Pl--.ing
Agency held on the 6th day of April, 1981.
/~-, day of /..~_~'3~_~.~'. ,-i981.
~ A~ Chamberlgin
Recording Secretary
EMK: hn
March 31, 1981
STATE OF CALIFORNIA )
OOUNTY OF ORANGE )
CITY OF TUSTIN )
I, MAEf ANN CHAN~ERLAIN, the undersigned, hereby certify that I am the
Recording Secretary of the Planning Agency of the City of Tustin, California;
that the foregoing Resolution was duly passe~ and adopted ~t a regular meeting
of the Tustin PlAnning Agency held on the ~,F~ day of
~ Ann ~mmberlain
AssociAte PlAnner
Tustin PlAnning Agency