HomeMy WebLinkAbout02 TENT P.M. 93-176 07-05-94aGENDA
NO. -2
/ 7r5-94
DATE: JULY 5, 1994
Inter-Corn
TO:
FROM:
SUBJECT:
WILLIAM A. HUSTON, CITY MANAGER
COMMUNITY DEVELOPMENT DEPARTMENT
TENTATIVE PARCEL MAP 93-176 (BARTDUESLER)
RECOMMEND_______ATIO~
It is recommended that the City Council take the following
actions:
Certify the Final Negative Declaration as adequate for
the project by adopting Resolution No. 94-77; and
Approve Tentative Parcel Map 93-176 by adopting
Resolution No. 94-78, as submitted or revised.
FISCAL IMPACT
There are no fiscal impacts associated with this project, as
this is an applicant initiated project. The applicant has
paid application fees to recover the cost of processing this
application.
BACKGROUND
The subject property is 12,100 square feet (.27 acre) in size
and was developed approximately thirty (30) years ago with two
2,002 square foot duplexes (a total of four units) and two
attached 458 square foot two-car garages. At the time of
construction, the property was under the jurisdiction of the
County of Orange and was not annexed into the City of Tustin
until 1980.
The applicant is.requesting authorization to subdivide the
subject property into two parcels. No new construction or
development is proposed for the site at this time. On June
13, 1994, the Planning Commission adopted Resolution No. 3268
approving a variance from several of the City's development
standards and Resolution No. 3269 recommending approval of the
proposed Parcel Map (Attachment A). The variance was
necessary because some of the City's development standards
could not be satisfied on the two new, smaller parcels as the
duplexes were originally built according to County standards
and do not satisfy the City's current development standards.
city Council Report
TPM 93-176
July 5, 1994
Page 2
The subject property, situated on the westerly side of Green Valley
Avenue south of Mitchell Avenue, is situated in an urban setting
and is zoned Duplex Residential (R-2). Surrounding development to
the north, south, and east is also residential and consists of
similar duplexes. A public elementary school is located to the
west of the subject property.
A public hearing notice identifying the time, date and location of
the public hearing on this project was published in the Tustin
News. Property owners within 300 feet of the site were notified of
the hearing by mail and notices were posted on the site, at City
Hall and the Police Department. The applicant was informed of the
availability of a staff report.
PROJECT DESCRIPTION/SITE PLAN
The applicant proposes to create two parcels so that each duplex
building would be located on a separate lot. The proposed lot line
would extend from the rear of the property to the Green Valley
Avenue frontage.
The proposed subdivision would create one 6,160 square foot parcel
and one 5,940 square foot parcel. The larger of the two proposed
parcels (Parcel 1) is located at 14311 Green Valley Avenue, and the
smaller parcel (Parcel 2) is located at 14321 Green Valley Avenue.
There are two (2) 18 foot wide driveways off of Green Valley Avenue
which provide access to the two (2) garage parking spaces provided
for each duplex.
The subject property is designated with a Medium Density
Residential Land Use Designation in the Tustin Area General Plan
which would allow up to fifteen (15) dwelling units per acre. The
proposed tentative parcel map would be consistent with the Land Use
Designation in that Parcel 1 would have a density of 7.1 dwelling
units per acre and Parcel 2 would have a density of 7.3 dwelling
units per acre.
In order for the city Council to approve a subdivision it must be
determined that the proposal is in compliance with applicable
zoning requirements. A variance from the City's development
standards, was approved by the Planning Commission on June 13,
1994.
City Council Report
TPM 93-176
July 5, 1994
Page 3
The development standards of the Tustin City Code and the proposed
site conditions are outlined in the Statistical Summary (Attachment
B). The proposed subdivision required a variance for several of
the development standards contained in the Tustin City Code which
are highlighted below:
To reduce the required number of parking spaces from one (1)
garage space and one (1) open or covered space to one (1)
garage space per dwelling unit; and
To reduce minimum front yard setbacks from twenty (20) feet to
fifteen (15) feet, minimum rear yard setbacks from ten (10)
feet to 9.8 feet and minimum side yard setbacks from five (5)
feet to 4.9 feet; and
To reduce minimum building site from 7,200 square feet to
6,160 and 5,940 square feet; and
To reduce minimum lot width from sixty (60) feet to 56 and 54
feet; and
To reduce minimum lot area per family unit from 3,500 square
feet to 3,080 and 2,970 square feet.
CONCLUSION
With the Planning Commission's approval of Variance 94-001, the
proposal is consistent with the provisions of the Municipal Code,
the City's Subdivision Ordinance and the Subdivision Map Act.
Based upon the information presented above and the Planning
commission's recommendation of approval, it is recommended that the
City Council approve Tentative Parcel Map 93-176 by adopting
Resolution No. 94-78, as submitted or revised.
Scott Reekstin
Assistant Planner
SCR:br:/TPM 93-176
Attachments:
Christine A~ ~ngleton
Assistant Cit~/Manager
Community Development
Location Map
A - Planning Commission Reso. Nos.
B - Statistical Summary
Tentative Parcel Map 93-176
Resolution Nos. 94-77 and 94-78
3268 and
3269
MAP,/"
141GO
NO SCALE
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RESOLUTION NO. 3268
A RESOLUTION OF THE PLANNING COM~ISSION OF THE CITY
OF TUSTIN, APPROVING VARIANCE 94-001 TO REDUCE THE
REQUIRED THE REQUIRED NUMBER OF PA~RKING SPACES FROM
ONE (1) GARAGE SPACE AI~D ONE (1) OPEN OR COVERED
SPACE TO ONE (1) GARAGE SPACE PER DWELLING UNIT;
MINIMUM FRONT YARD SETBACKS FROM TWENTY (20) FEET
TO FIFTEEN (15) FEET, MINIMUM REAR YARD SETBACKS
FROM TEN (10) FEET TO 9.8 FEET AND MINIM~JM SIDE
YARD SETBACKS FROM FIVE (5) FEET TO 4.9 FEET;
MINIMUM BUILDI-NG SITE FROM 7,200 SQUARE FEET TO
6,160 AND 5,940 SQUARE FEET; MINIMUM LOT WIDTH FROM
SIXTY (60) FEET TO 56 AND 54 FEET; AND MINIMUM LOT
AREA PER FAMILY UNIT FROM 3,500 SQUARE FEET TO
3,080 AMD 2,970 SQUARE FEET ON THE PROPERTIES
LOCATED AT 14311 AND 14321 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:
That a proper application, Variance 94-001, has
been filed by Mr. Bart Duesler to reduce the
required the required number of parking spaces from
one (1) garage space and one (1) open or covered
space to one (1) garage space per dwelling unit;
minimum front yard setbacks from twenty (20) feet
to fifteen (15) feet, minimum rear yard setbacks
from ten (10) feet to 9.8 feet and minimum side
yard setbacks from five (5) feet to 4.9 feet;
minimum building site from 7,200 square feet to
6,160 and 5,940 square feet; minimum lot width from
sixty (60) feet to 56 and 54 feet; and minimum lot
area per family unit from 3,500 square feet to
3,080 and.'2,970 square feet on the properties
located at 14311 and 14321 Green Valley Avenue,
Tustin.
That a public hearing was duly noticed, called and
held by the Planning Commission on June 13, i994.
The Pl~nning CommissioD has reviewed the subject
request for a variance %o reduce the required
number of parking spaces, minimum setbacks, minimum
building site, minimum lot width and minimum lot
area per family unit and has made the following
findings:
Granting the variance shall not constitute a
grant of special privileges inconsistent with
the limitations upon other properties in the
vicinity and distric~ in which the project is
ATTACHMENT A
Resolution No. 3268
Page 2
II.
situated in that the majority of the lots on
the block contain only one duplex each. In
fact, six (6) of the lots on the block are
identical to the proposed lots with respect to
configuration, dimensions and parking spaces.
There are unusual or exceptional circumstances
applicable to the property, including size,
shape, topography, location or surroundings
which deprive the subject property of
privileges enjoyed by other properties in the
area, in that with the existing structures
remaining on the site, the maximum amount of
parking, setbacks, building site, lot width
and lo~ area per family unit are provided. In
addition, the subject property is one of the
few properties on the block which has not yet
been subdivided.
A Negative Declaration has been prepared and
certified for this project in accordance with the
provisions of the California Environmental Quality
Act.
The Planning Commission hereby approves Variance 94-001
to reduce the required number of parking spaces from one
(1) garage space and one (1) open or covered space to one
(1) garage space per dwelling unit; minimum front yard
setbacks from twenty (20) feet to fifteen (15) feet,
minimum rear yard setbacks from ten (10) feet to 9.8 feet
and minimum side yard setbacks from five (5) feet to 4.9
feet; minimum building site from 7,200 square feet to
6,160 and 5,940 square feet; minimum lot width from sixty
(60) feet to 56 and 54 feet; and minimum lot area per
family unit from 3,500 S~uare feet to 3,080 and 2,970
square feet on the properties located at 14311 and 14321
Green Valley Avenue, Tustin, subject to the conditions
contained in Exhibit A of Planning Commission Resolution
Nc. 32~9, incorporate~ herein by reference.
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Resolution No. 3268
Page 3
PASSED AND ADOPTED at a regular meeting of the Tustin Planning
Commission, held on the 13th day of June, 1994.
BARBARA REYE~
Secretary
KATHY WE~L
Chairperson
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, BARBARA REYES the undersigned, hereby certify that I am the
Recording Secretary of the Planning Commission of the City of
Tustin, California; that Resolution No. 3268 was duly passed
and adopted at a regular meeting of the Tustin Planning
Commission, held on the 13th day of June, 1994.
· /BARBARA REYES ~
Recording Secretary
RESOLUTION NO. 3269
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN RECOMMENDING TO THE TUSTIN CITY
COUNCIL APPROVAL OF TENTATIVE PARCEL MAP NO.
93-176
The Planning Commission of the City of Tustin does hereby
resolve as follows:
I. The Planning Commission finds .and determines as
follows:
That Tentative Parcel Map No. 93-176 was
submitted to the Planning Commission by Mr.
Bart Duesler, for consideration.
That a public hearing was duly called, noticed
-and held for said map on June 13, 1994 by the
Planning Commission.
A Negative Declaration has been prepared and
certified for this project in accordance with
the provisions of the California Environmental
Quality Act.
Do
That the proposed subdivision is in
conformance with the Tustin Area General Plan,
the Tustin Municipal Code and Subdivision Map
Act.
That the design of the subdivision is not
likely to cause substantial environmental
damage or substantially and avoidably injure
fish or wildlife in their habitat.
That the design of the subdivision will not
conflict with easements acquired by the
public-at-large, for access through or use of
the property within the proposed subdivision.
Go
That the design of the subdivision is not
likely, to cause serious public health
problems.
II.
The Planning Commission hereby recommends to the
City Council approval of Tentative Parcel Map No.
93-176, subject to the conditions attached hereto
as E>~hibit A.
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Resolution No. 3269
Page 2
PASSED AND ADOPTED at a regular meeting of the Tustin
Planning Commission, held on the 13th day of June, 1994.
Secretary-
Chairperson
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, BARBARA REYES, the undersigned, hereby certify that I
am the Recording Secretary of the Planning Commission of
the City of Tustin, California; that Resolution No. 3269
was duly passed and adopted at a regular meeting of the
Tustin Planning Commission, held on the 13th day of June,
1994.
BARBARA REYES ~
Recording Secretary
GENER3%L
(~) 1.1
(1) ~.2
(m)
(~) 1.4
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EXHIBIT A
RESOLUTION NO. 3269
CONDITIONS OF APPROVAL
TENTATIVE PARCEL PIAP 93-176
Within 24 months from tentative map approval, the
Subdivider shall file with appropriate agencies, a final
map prepared in accordance with subdivision requirements
of the Tustin Municipal Code, the State Subdivision Map
Act, and applicable conditions contained herein unless an
extension is granted pursuant to Section 9361(d) of the
Tustin Municipal Code.
Unless otherwise specified, the conditions contained in
the Exhibit shall be complied with prior to approval of
the Final Map, subject to review and approval by the
Community Development Department.
Prior to. any sale of the individual buildings, the
Subdivider shall record the Final Map in conformance with
appropriate tentative map.
Prior to final map approval:
ao
Subdivider shall submit a current title report.
Subdivider shall submit a duplicate mylar of the
Final Map, or 8½ inch by 11 inch transparency of
each map sheet prior to final map approval and "as
built" grading, landscape and improvement plans
prior to certificate of acceptance.
Subdivider shall confc_--m to all applicable
requirements of the State Subdivision Map Act and
the City's Subdivision Ordinance.
The applicant and property owner shall hold harmless and
defend the City of Tustin for all claims and liabilities
arising out of the City's approval of the entitlement
process roi' this project.
SOURCE CODES
(1) STANDARD CONDITION
(2) CEQA MITIGATION
(3) UNIFOR/~ BUILDING CODE/S
(4) DESIGN REVIEW
*** EXCEPTION
(5) RESPONSIBLE AGENCY REQUIREMENT
(6) LANDSCAPING GUIDELINES
(7) PC/CC POLICY
Exhibit A
Conditions of Approval
Tentative Parcel Map 93-176
Page 2
(~)
The applicant and property owner shall sign and return
the "Agreement to Conditions Imposed" form.
PLA/FNING DIVISION
(4) 2.1 Ail parking and landscaped areas shall be maintained free
of trash and debris.
(4) 2.2
Ail graffiti shall be removed within 72 hours of a
complaint being transmitted by the City to the property
owner. Failure to maintain said structure and adjacent
facilities will be grounds for City enforcement of its
Property Maintenance Ordinance, including nuisance
abatement.procedures.
ENGINEERING/PUBLIC WORKS DEPARTMENT
(5) 3.1 Preparation and recordation of a final parcel map will be
required.
(5) 3.2
Prior to recordation of the Final. Map, the Subdivider
will be required to execute a monumentation agreement and
furnish a monumentation bond as required by the City
Engineer.
(5) 3.3
In addition to the normal full size plan submittal
process, all final development plans including, but not
limited to: tract maps, parcel maps, right-of-way maps,
record of survey, public works improvements, private
infrastructure improvements, final grading plans, and
site plans are also required to be submitted to the
Public Works Department/Engineering Division in computer
aided design and drafting (CADD) format. The acceptable
formats shall be Intergraph DGN or Auto Cadd DWG file
format, but in no case less than DXF file f~rmat. The
City of Tustin CADD conventions shall be followed in
preparing plans in CADD, and these guidelines are
available from. the EDgineering Division.
The CADD files shall be submitted to the City at the time
the plans are approved, and updated CADD files reflecting
"as built" conditions shall be submitted once. all
construction has been completed.
Exhibit A
Conditions of Approval
Tentative Parcel Map 93-176
Page 3
FEE~
(1) 4.~
Within forty-eight (48) hours of approval of the subject
project, the applicant shall deliver to the Community
Development Department, a cashier's check payable to the
County Clerk, in the amount of $25.00 (twenty-five
dollars) to enable the City to file with the County
Clerk, the appropriate environmental documentation
pursuant to the California Environmental Quality Act. If
within such forty eight (48) hour period, the applicant
has not delivered to the Community Development Department
the above noted check, the approval for the project
granted herein shall be considered automatically null and
void.
In addition, should the Department of Fish and Game
reject the Certificate of Fee Exemption filed with the
Notice of Determination and require payment of fees, the
applicant shall deliver to the Community Development
Department within forty eight (48) hours of notification,
a cashier's check payable to the County Clerk in the
amount of $850.00 (eight hundred fifty dollars) if an EIR
was prepared or $1,250 (twelve hundred fifty dollars) if
a Negative Declaration was prepared. If this fee is
imposed, the subject project shall not be operative,
vested or final unless and until the fee is paid.
.ATTACF2~ENT B
STATISTICAL SD-M]~ARY
TENTATIVE PARCEL MAP 93-176
Reuuirement
Building site (sq ft)
Lot Coverage
Lot Width at
Property Line
Lot Area per
Family Unit (sq ft)
Building Setbacks
Front Yard
Side Yard
Rear Yard
Garage Parking Spaces
Other Parking Spaces
7,200 min
50% max
60 ft min
3,500 min
20 ft min
5 ft min
10 ft min
2 nin
2 bin
Proposed
Parcel 1 Parcel 2
6,160 5,940
40% 42%
56 ft 54 ft
3,080 2,970
15 ft 15 ft
14.1 ft, 12.2 ft,
4.9 ft ' 4.9 ft
9.8 ft 9.8 ft
2 2
0 0
ATTACHMENT B
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RESOLUTION NO. 94-77
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CERTIFYING THE FINAL NEGATIVE DECLARATION
AS ADEQUATE FOR TENTATIVE PARCEL MAP 93-176
INCLUDING REQUIRED FINDINGS PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT.
The City Council of the City of Tustin does hereby resolve as
follows:
The City Council finds and determines as follows:
The request to approve Tentative Parcel Map 93-176
is considered a project pursuant to the terms of
the California Environmental Quality Act.
A Negative Declaration has been prepared for this
project and has been distributed for public review.
Whereby, the City Council of the City of Tustin has
considered evidence presented by the Community
Development Director and other interested parties
with respect to the subject Negative Declaration.
The City Council has evaluated the proposed final
Negative Declaration and determined it to be
adequate and complete.
II.
A Final Negative Declaration has been completed in
compliance with CEQA and State guidelines. The City
Council, having final approval authority over Tentative
Parcel Map 93-176, has received and considered the
information contained in the Negative Declaration, prior
to approving the proposed project, and found that it
adequately discussed the environmental effects of the
proposed project. The City Council has found that the
project involves no potential for an adverse effect,
either individually or cumulatively, on wildlife
resources and makes a De Minimis Impact Finding related
to AB3158, Chapter 1206, Statutes of 1990. On the basis
of the initial study and comments received during the
public review process, the City Council has found that
the proposed projects could not have a significant effect
on the environment.
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Resolution No. 94-77
Page 2
PASSED AND ADOPTED at a regular meeting of the Tustin City
Council, held on the 5th day of July, 1994.
Mary E. Wynn, City Clerk
THOMAS R.
MAYOR
SALTARELLI
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
SS
MARY E. WYNN, City Clerk and ex-officio Clerk of the city
Council of the City of Tustin, California, does hereby certify
that the whole number of the members of the City Council of
the City of Tustin is five; that the above and foregoing
Resolution No. 94-77 was duly passed and adopted at a regular
meeting of the Tustin city Council, held on the 5th day of
July, 1994, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
Mary E. Wynn, city Clerk
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RESOLUTION NO. 94-78
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN APPROVING TENTATIVE PARCEL MAP NO.
93-176
The City Council of the City of Tustin does hereby
resolve as follows:
I. The City Council finds and determines as follows:
That Tentative Parcel Map No. 93-176 was
submitted to the City Council by Mr. Bart
Duesler, for consideration.
That a public hearing was duly called, noticed
and held for said map on June 13, 1994 by the
Planning Commission and on July 5, 1994 by the
City Council.
A Negative Declaration has been prepared and
certified for this project in accordance with
the provisions of the California Environmental
Quality Act.
That the proposed subdivision is in
conformance with the Tustin Area General Plan,
the Tustin Municipal Code and Subdivision Map
Act.
That the design of the subdivision is not
likely to cause substantial environmental
damage or substantially and avoidably injure
fish or wildlife in their habitat.
That the design of the subdivision will not
conflict with easements acquired by the
public-at-large, for access through or use of
the property within the proposed subdivision.
That the design of the subdivision is not
l~kely to cause serious public health
problems.
That the project has been reviewed for
consistency with the Air Quality Sub-Element
of the City of Tustin General Plan and has
been determined to be consistent or has been
conditioned to be consistent with the Air
Quality Sub-Element.
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Resolution No. 94-78
Page 2
II.
The City Council hereby approves Tentative Parcel
Map No. 93-176, subject to the conditions contained
in Exhibit A of Planning Commission Resolution No.
3269, incorporated herein by reference.
PASSED AND ADOPTED at a regular meeting of the Tustin
City Council, held on the 5th day of July, 1994.
Mary E. Wynn, City Clerk
THOMAS R.
MAYOR
SALTARELLI
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
SS
MARY E. WYNN, City Clerk and ex-officio Clerk of the City
Council of the City of Tustin, California, does hereby
certify that the whole number of the members of the City
Council of the City of Tustin is five; that the above and
foregoing Resolution No. 94-78 was duly passed and
adopted at a regular meeting of the Tustin City Council,
held on the 5th day of July, 1994, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
Mary E. Wynn, City Clerk
No. 2
7-5-94
DATE:
JULY 5, 1994
Inter-Com
TO:
FROM:
SUBJECT:
WILLIAM A. HUSTON, CITY MANAGER
COMMUNITY DEVELOPMENT DEPARTMENT~
VARIANCE 94-001 AND TENTATIVE PARCEL MAP 93-176
On June 13, 1994, the Planning Commission approved Variance 94-001
and recommended approval of Tentative Parcel Map 93-176 to the City
Council. These two actions were requested by the applicant in
order to subdivide the developed property located at 14311 and
14321 Green Valley Avenue into two parcels, such that one of the
two existing duplexes would be located on each parcel. Approval of
a variance was required because the property was developed under
County standards and does not conform to several of the City,s
existing development standards.
Prior to the June 13, 1994 public hearing, staff received an
inquiry from a nearby property owner, Berklee Maughn, who had
received notice of the hearing. Mr. Maughn expressed concerns
regarding the implications of the requested variance on the
nonconforming status of the property. Mr. Maughn was present at
the public hearing and expressed additional concerns about the
variance actually being a grant of special privilege not enjoyed by
other property owners in the vicinity. The primary concern was
based on the fact that in the event of a disaster, the property
owner with the variance could rebuild on his property with very
similar duplexes, while the other property owners would be required
to rebuild according to current City standards. Section 9273 (c}
of the Tustin City Code requires non-conforming buildings destroyed
to the extent of more than 50% of its value must be restored or
rebuilt to current city code standards. The purpose of this
provision of the city code is to achieve conformity to current city
standards whenever possible.
In preparing the Planning Commission staff report and in response
to the concerns raised at the public hearing, staff conducted
thorough research of both City and County records of the properties
on the street. City records show that the portion of Green Valley
Avenue south of Mitchell Avenue was annexed into the City in 1980.
At the time of annexation, eight (8) of the original ten (10) lots
in the Tract had already been subdivided such that each lot
contained only one duplex instead of two duplexes. The County
records show that the duplexes were constructed in 1963 and that an
area variance was approved that same year for front and rear yard
setbacks and for eave widths. County staff did not provide City
City Council Memo
Variance 94-001
Tentative Parcel Map 93-176
July 5, 1994
Page 2
staff with evidence of any other development standard variances,
and there is no record of subdivision variances. The County Code
of 1963 only required one usable automobile parking space for each
family unit. This parking was provided as a single garage space
for each of the residential units. Given the background
information that was available to City staff, the following facts
have been determined:
The existing duplexes would be considered legal nonconforming
with respect to parking (Tustin City Code requires one garage
space and one covered or open space for R-2 properties).
* Front and rear yard setbacks are legal as constructed.
Eight (8) parcels were legally subdivided when the area was
part of Unincorporated Orange County and are legal
nonconforming to City of Tustin standards. With approval of
Parcel Map 93-176, there would only be one remaining parcel on
the block which would not have been subdivided.
Staff will be exploring two options for Green Valley Avenue which
could potentially satisfy the concerns expressed by Mr. Maughn.
The first option would involve a blanket variance for all of the
parcels in the neighborhood. The second option would involve an
amendment to the City's Nonconforming Uses Ordinance (Section 9273
of the City Code) to provide an exemption clause. Staff will be
studying each of these options and reporting back to Mr. Maughn and
the Planning Commission on how best to deal with Mr. Maughn's
concern.
SCR: br\greenva t