Loading...
HomeMy WebLinkAbout05 - STAFF REPORTS/APPROVAL LETTERS-,V ---V Community Development Department November 9, 1994 California Pacific Homes 5 Civic Plaza, Suite 100 Newport Beach, California 92660 SUBJECT: ZONING ADMINISTRATOR ACTION, 94-013 Gentlemen: City of Tustin 300 Centennial Way Tustin, CA 92680 Director (714) 573-3106 Planning & Zoning Info. (714)573-3140 Building (714)573-3131 (714)573-3132 Housing The Tustin Zoning Administrator at a regular meeting on (714) 573-3117 November 7,.1994 approved the subject project. This action may be appealed to the Planning Commission by any Code Enforcement person by submitting a petition indicating why the action (714) 573 3134 or a condition is being appealed along with an appeal fee Business License as established by the City Council. The Zoning (714) 573-3144 Administrator's action will become final unless an appeal inspection Requests petition and fee as noted above is received by the. (714) 573-3141 Community Development Department within seven (7) calendar days from the date of the action. Graffiti Hot Line (714) 573-3111 The actual executed copy of Zoning Administrator Action FAX Machine 94-013 is attached for your records. Should you have any (714)573-3113 questions about the Zoning Administrator's action, please do not hesitate to contact me at (714) 573-3127. Sincerely, Be C. Stone Assistant Planner Enc: Zoning Administrator Action 94-013 Customer Service Evaluation Form Agreement to Conditions Imposed Form l3CS:br:94013.zaa AGREEMENT TO CONDITIONS IMPOSED I, the undersigned hereby agree to comply with all conditions imposed by the Community Development Department and/or Zoning Administrator of the City of Tustin on approval of Administrative Adjustment 94-001 with conditions as stated in Zoning Administrator Action No. 94-013 attached to the letter dated November 9, 1994. Signature, Title Signature, Title Signature, Title TO: ZONING ADMINISTRATOR FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT. ADMINISTRATIVE ADJUSTMENT 94-001 APPLICANT: CALIFORNIA PACIFIC HOMES 5 CIVIC PLAZA, SUITE 100 NEWPORT BEACH, CALIFORNIA 92660 LAND OWNER: ROBERT AND KATHLEEN STOCKTON 10854 CHURCHILL PLACE TUSTIN, CALIFORNIA 92680 LOCATION: 10854 CHURCHILL PLACE ZONING: PLANNED COMMUNITY RESIDENTIAL: EAST TUSTIN SPECIFIC PLAN 81 � -iter-Com has, ENVIRONMENTAL THIS PROJECT HAS BEEN DETERMINED TO BE STATUS: CATEGORICALLY EXEMPT (CLASS 5) PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT REQUEST: TO .AUTHORIZE A TEN PERCENT (10%) DECREASE OF. THE REQUIRED FIVE (5) FOOT WIDE SIDE YARD SETBACK, TO 4 -FEET, SIX -INCHES (4'-6") FOR AN EXISTING STRUCTURE RECOMMENDATION It is recommended that the Zoning Administrator approve Administrative Adjustment 94-001 by adopting Zoning Administrator Action 94-013 subject to the conditions attached as Exhibit A, as submitted or revised. BACKGROUND/PROJECT DESCRIPTION The applicant requests an administrative adjustment pursuant to East Tustin Specific Plan (ETSP) Section 3.13 to allow an existing residential structure to encroach six (6) inches into a required side yard setback. The subject property, a single-family, detached dwelling, was recently constructed on Lot 1 of Tract 14748 (Presidio), in the East Tustin Specific Plan area. Pursuant to Section 3.6.3B, Cluster Development, of the ETSP, the required side Zoning Administrator Report Administrative Adjustment 94-001 November 7, 1994 Page 2 yard setback for the Medium -Low density residential project is five (5) feet. Although the approved plans for the project sited the building five (5) feet from the east side property line as required by the ETSP, the building was constructed only four -feet, six - inches (4'-611) from the property line. The adjacent residential structure on the east side of the subject structure is constructed five -feet from the shared side property line. A five-foot high wooden fence is located on the property line between the two structures. The subject structure is two stories in height. Four glass block, clerestory windows are located on the first floor of the side of the structure with the four -foot, six-inch setback, however, as the bottom of these windows are located six -feet from the floor, they do not provide visibility to the neighboring yard. The subject property, located within Tract 14748 in the East Tustin Specific Plan Area, is surrounded by a recreation area to the west, and residential uses on all other sides. Pursuant to Section 3.13.3 of the East Tustin Specific Plan, this item requires a public meeting; therefore, a formal public meeting notice identifying the time, date and location of the public hearing on this project was published in the Tustin News. Adjacent property owners were notified of the hearing by mail and notices were posted on the site and at the Police Department. A copy of the staff report and meeting agenda was made available to the property owner and to the applicant. DISCUSSION According to the ETSP Section 3.13, the Director of Community Development or a designee is granted the authority to take action on requests for minor variations from the site development standards in the ETSP. In regard to building setbacks, a minor variation is considered a decrease of not more than ten percent (10%) of a required building setback. As six inches is ten percent of five feet, the request for an administrative adjustment may be considered by the Director or designee of the Director, such as the Zoning Administrator. Zoning Administrator Report Administrative Adjustment 94-001 November 7, 1994 Page 3 As stated in the ETSP, administrative adjustments are intended for special circumstances of hardship and are not applicable to entire subdivision site development standards in the case of residential property. As the subject structure has already been constructed by the project developer, is part of a finished phase within the tract, and has been sold to an individual homeowner, it would be difficult, costly, and disruptive to the neighborhood to reposition the structure to meet the five foot setback. Therefore, it could be determined that the administrative adjustment is justified as the existing four -foot, six-inch side yard setback creates a special circumstance which would cause hardship if the building were required to be moved. At this time, no other residential structures in Tract 14748 have been reported to be encroaching into the five-foot side yard setback, and the request does not apply to the site development standards for the entire tract. CONCLUSION Based on the above* discussion, the Community Development Department recommends approval of Administrative Adjustment 94-001 with conditions contained in Exhibit A of Zoning Administrator Action 94-013. FFi- �� ' - Attachments: Location Map Site Plan Zoning Administrator Action 94-013 -PSI w� vti�vafi vee {�d���t�# ��-oo� NO SCALE ° ` ° Y, ��I��� � ot`o ���'�1�..# I—��• r,�"- o . o�.�ll� © O � All r IS Nowm, CITY I -NO. EWT CITY PERMIT NO ..0CIVIL !ENGINEERS INC. TRACT NO.STREET ADDRESS ..0 ..0