HomeMy WebLinkAboutPH 1a VARIANCE 82-8 08-02-82OATE:
August 2, 1982
PUBLIC HEARING NO. 1
Inter- Corn
TO:
FROM:
SUBJECT:
Honorable Chairman & Planning Agency
Community Development Department
Variance 82-8
Applicant:
Location:
Request:
Mark D. Ainslie
1082-1112 San Juan Street (R-3, 2000)
Authorization to vary with zoning requirements and develop
standards to construct a twenty-six (26) unit condominium
project.
BACKGROUND
This area of San Juan Street is one of the older developed sections of
Tustin. Until recently (August, 1978), the site had been part of a county
island adjacent to Newport Avenue. In recent years there has been an
interest in recycling older developments with the construction of two
apartment complexes, one on San Juan Street and one on Bonita Street, and
the development of two office complexes at San Juan and Newport.
In September, 1981, Mr. Ainslie applied for and was granted a use permit to
construct seventeen (17) residential townhouses on four 50' wide lots which
front on San Juan. Since that time, the developer has acquired a fifth lot
on the corner of San Juan and Orange Avenue and he has submitted a new plan
to incorporate the property into the project.
DISCUSSION
The proposed site encompasses five 50' wide lots which front on San Juan
and Orange and abut a public alley. The site area equals 45,215 square
feet and with twenty-six (26) units the density will be equivalent to one
unit per 1739 square feet.
Parking is provided by twenty-seven (27) covered spaces located in garages
and twenty-five (25) open spaces (compact size) off the rear alley.
Nine of the condos front upon San Juan with a single 32' wide break for
vehicular access. Twelve units are located off an interior drive with
facing garages on both sides.
The remaining units are approximately 38' from the Orange frontage. Five
(5) garage spaces are between these units and the street with a 6' setback
from the property line. A recreation area with a pool and shade structure
is planned at the corner of San Juan and Orange.
Chairman & Planning Agency
August 2, 1982
Page 2
The applicant's stated reason for the extensive number of minor requests to
deviate from development standards is to create a residential project
having amenities similar to single-family developments rather than an
apartment complex. The combining of substandard parcels having an alley
access into a single development rather than a series of four-plex
buildings creates, in his opinion, a need to deviate from such development
standards. His concept to face dwelling units to the site interior with
pri~ate yards, an arterial decorative wall and direct access to the
majority of units and yards from enclosed garages, is a departure from
having front doors face the street and parking provided in a group facility
from the alley.
The properties are presently developed with substandard single-family
units.
FINOINSS NIB CONCLUSIONS
1. In addition to the deviations noted on the Development Review Summary,
the plan also varies from standards in the following areas:
a. a twenty-five foot, two-way drive aisle with parking on both sides of
the drive is proposed through the project interior. Development
standards require 27' wide drives in this situation;
b. the zoning code requires a minimum 10' separation between structures
on the same lot. In two areas, adjacent building setbacks are only
7'-6";
c. Five of the garage spaces are less than 6' from the public right-
of-way. This will necessitate the vehicles using these spaces to back
directly onto Orange Avenue. Also, this arrangement will require a
56'(+) wide driveway apron. City standards for driveway aprons is no
wider than 35'. To date, five (5) property damage accidents have
occurred this year at this intersection. Therefore, Engineering
recommends against this concept.
d. The compact parking spaces at 13'-0"x7'-6" are below minimum
standards of 19'x7'-6". Further discussions with the developer resulted
'in a plan to expand the spaces to 8' in width. Spaces of 8'x13'-6" may
be sufficient for parking.
e. The site plan includes 3' of potential public right-of-way
abandonment along San Juan. Such abandonment would require City Council
approval. If this area is not incporporated into the property, the
buildings will only be set back about 9' from the right-of-way.
Chairman & Planning Agency
August 2, 1982
Page 3
2. The developer has requested that two existing trees along San Juan
Street and one along Orange Street be saved. Developer should submit a
sidewalk plan which saves these trees. This plan should reflect the
sidewalk meandering around the tree.
3. While the developer varies with many existing development standards, it
will greatly improve an area of the City in need of redevelopment.
4. The Planning Agency could find favorably for the project because of the
size of the substandard properties and the public alley at the rear
which uses land normally counted in the property area.
RE:COPPlEIID£D ACTION
Pleasure of the Agency. If the Agency believes a favorable finding is
justified, a sample resolution of approval is included for consideration.
Conditions of approval similar to those imposed upon other residential
developments are contained in the sample.
AGW:jh
7-27-82
Development Review Summary
Building:
Front Setback~l~)
District Requirement
Proposed
Side Setback
v' Rear Setback
Gross Sq. Ft.
Net Floor Sq. Ft.
Height
)lumber of Stories
Materials/Colors
Lot Size
Lot Coverage
Parking:
Number of Spaces
CZ..
Ratio (space/sq. ft.)
% Compact Spaces
Type
No. of Public Notifications: (Owners)
* no standard
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The Planning
fol 1 ows:
RESOLUTION NO. 2048
A RESOLUTION OF THE PLANNING AGENCY OF THE
CITY OF llJSTIN, AUTHORIZING THE VARIANCE WITH
ZONING REGULATIONS FOR BUILDING SETBACKS, LAND
COVERAGE, DRIVEWAY CONSTRUCTION AND SITE DESIGN
IN THE DEVELOPMENT OF TWENTY-SIX (26) RESIDENTIAL
CONDOMINIUMS AT 1082, 1092, 1102, and 1112 SAN
JUAN STREET
Agency of the City of Tustin does hereby resolve as
I. The Planning Agency finds and determines as follows:
A. That a proper application,(Variance No. 82-8), was
filed on behalf of Mark D. Ainslie requesting authoriza-
tion to vary with the requirements of the Planned
Development District, General Zoning requirements and
Development Guidelines to develop twenty-six (26)
condominiums at 1082, 1092, 1102, and 1112 San Juan
Street.
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. That the properties involved were originally
subdivided under County of Orange jurisdiction and
previous to existing zoning requirements.
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. A Negative Declaration was previously approved to
conform to the requirements of the California
Environmental Quality Act.
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Resolution No. 2048
August 2, 1982
Page 2
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.
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 the development of twenty-six (26)
condominium units at San Juan Street and Orange Avenue
subject to the following conditions:
A. Submission of a Tentative and Final Tract Map.
B. Submission of CC&R's to the City Attorney's office
for review and and approval prior to any Council Action
on the Final Tract Map. They shall include:
The CC&R's shall prohibit any further land coverage
such as additional patio covers and shade structures
and room additions.
2. The CC&R's shall prohibit the use of garages for
purposes other than the storage of motor vehicles.
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The garages that face directly onto Orange Avenue
shall be equipped with automatic garage door
openers. The CC&R's shall prohibit the parking of
any vehicles in front of these garages.
C. Provision for an individual sanitary sewer and
domestic water service to each proposed condominium
unit.
D. Submission of a final grading plan for review and
approval.
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Resolution No. 2048
August 2, 1982
Page 3
E. Preparation of improvement plans for and
construction of the following public works improvements
to the satisfaction of the City Engineer:
a. Street paving
b. Curb and gutter
c. Sidewalk
d. Street trees
e. Street lights
f. Water mains
g. Cable television conduit
h. Fire hydrants
F. Payment of the following fees:
1. Orange County Sanitation District No. 7 in the amount
of $250.O0/dwelling unit
2. East Orange County Water District in the amount of
$$O0.O0/dwelling unit.
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Parkland dedication fees in the amount of
$250.O0/dwelling unit, less an amount for the
existing units.
G. The site plan shall be revised to show the property
line along San Juan as it presently exists, thirty-three
feet (33') from the centerline of the street. The
possible street abandoment of three feet (3') may be
indicated.
H. On-site fire hydrants shall be provided.as determined
by the Orange County Fire Marshal.
I. An illustrated address directory shall be provided at
each vehicular entrance.
J. One-hour occupancy separation shall be provided
between units.
PASSED AND ADOPTED at a regular meeting of the Tustin Planning
Agency, held on the day of , 1982.
Richard B. Edgar, Chairman
Janet Hester
Recording Secretary