HomeMy WebLinkAboutPH 6 VARIANCE 82-9 09-07-82DATE:
September 7, 1982
PUBLIC HEARING NO, 6
Inter-Corn
FROM:
SUBJECT:
Honorable Chairman & Planning Agency
Community Development Department
Variance 82-9
Applicant:
Location:
Request:
Robert V. and Maralys Wills
175 South "C" Street (C-2 District)
Authorization to vary with zoning requirements of the Central
Commercial District, development Standards of the City and
Specific Plan No. 1 in the development of an office building
BACKGROUNO
The subject property is in the area of the original town center. The
Central Commercial (C-2) District was enacted for the properties in the
area in 1961. In July, 1971, the City Council enacted the E1Camino Real
Development Plan (Specific Plan No. 1) in order to encourage the orderly
redevelopment of the town center area. This project is governed by the
plan's regulations.
DISCUSSION
This application proposes the development of a 5,000 square foot office
building with two stories above at-grade parking. The lot measures 140
feet by 50 feet (7,000 square feet) and backs up to a public alley. The
structure is 50 feet wide which will not allow for any side yard setbacks
in the center of the lot. There are to be side lot planters in the parking
area.
The City received a request from both the owners at 175 "C" Street and 170
E1Camino Real to abandon the portion of the alley adjacent to their
parcels. This alley also contains an active sanitary sewer. In the event
the alley and sewer are abandoned, the parcel at 170 E1 Camino Real will
require connection to the sewer in E1Camino Real or connection to some
other sewer via easement.
In the event it is desired to connect to E1Camino Real, this connection
should be completed immediately. The City is presently reconstructing E1
Camino Real and no street cuts will be permitted after said work has been
completed.
The alley abandonment proceedings will be initiated and approval
recommended subject to resolution of the sewer connection for 170 E1
Camino.
Chairman & Planning Agency Members
September 7, 1982
Page 2
The sewer, if abandoned, will require a manhole/cleanout to be placed at
the upstream end of the line.
The parking area is two (2) parking spaces deficient from the required
number with one of the spaces being located in the proposed abandoned
alley.
The trash enclosure area opens to the south and assumes that the alley to
the south of the parcel will always be open for access. It is the long-
range plan to eventually abandon this alley as the remaining properties to
the south develop. Consequently, the trash enclosure area should be either
relocated or reoriented to preclude access to the alley.
Emergency fire equipment cannot gain access to the rear of the property. A
required turn around area cannot be included on a 50 foot wide lot. The
Fire Marshal's office has recommended the installation of an automatic fire
sprinkler system in lieu of the turn around access.
The rear setback deviates slightly from the Specific Plan No. 1 requirement
of 15 feet down to a 13 foot setback.
FIN~)IN~ & CONCLUSIONS
1. Since this property was originally subdivided prior to the
establishment of the Zoning Code and Development Standards, the
Planning Agency could find that a hardship has been placed on the
property by subsequent zoning actions.
The Building Code does not allow for windows on property line
walls. Therefore, the architect should include in the design some
architectural amenities on these walls to visually reduce their
size.
3. The plan provides 14 parking spaces on the existing lot. Fifteen
spaces are planned upon the expansion of the site through the
abandonment of the alley. If the Agency is in favor of the
development, one of two plans is possible:
a. A variance to the parking standards for three less spaces; or
be
a variance to the park-ing standards for two spaces as proposed
with the condition that development not proceed without
abandonment of the alley to the two adjoining properties and
the satisfactory accommodation of sewer service to both
parcels.
Chairman & Planning Agency Members
September 7, 1982
Page 3
4. The project will add to the redevelopment of the downtown area and
enhance the "office park" theme along Peppertree Park.
5. The architectural theme, Spanish Modern, is in keeping with the
theme of Specific Plan No. 1 (Ord. 510).
6. Because of emergency access constraints, an automatic fire
sprinkler system should be included.
7. The trash enclosure should be placed in the rear of the front
setback area for direct access from "C" Street.
RECOIIqEMDED ~TIO#
Approval of Variance No. 82-9 by the adoption of Resolution No. 2056
substantially as drafted.
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9-1-82
· Development Review Summary
Project: ~-):~
Location/District: /7~
Action: V/~.J~_l~
~,~Ptm~ ~ District Requirement
Building:
Front Setback
Side Setback C>~
~Rear Setback
Gross Sq. Ft.
Net Floor Sq. Ft. ~(~
Height
~lumber of Stories
Materi al s/Col ors
Lot Size
Lot Coverage IOC~
Parking:
/Number of Spaces
~Ratio (space/sq. ft.) ~ /~0~
~ % Compact Spaces
MAX.
Type
Proposed
* no standard
No. of Public
( Owners )
Notifications:
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RESOLUTION NO. 2056
A RESOLUTION OF THE PLANNING AGENCY OF THE
,CITY OF TUSTIN, GRANTING AUTHORITY TO VARY
WITH THE PARKING AND SETBACK REQUIREMENTS
OF THE CENTRAL COMMERCIAL DISTRICT OF THE
SPECIFIC PLAN NO. 1 AND OF THE CITY'S
DEVELOPMENT STANDARDS FOR THE PROPERTY AT
175 SOUTH "C" STREET
The Planning 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. 82-9), was
filed by Robert and Maralys Wills, requesting
authorization to vary with the requirements of the
Central Commercial District, of Specific Plan No. 1
(Ordinance No. 510) and with the development standards
of the City at 175 South "C" 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 surroundtngs,'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 use is in conformance with the Central
Commercial District of the Tustin City Code and with
development provisions of Specific Plan No. 1.
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 Cali fornia 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.
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Resolution No. 2056
September 7, 1982
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 vary with zoning district regulations and development
standards at 175 South "C" Street.
A. The final site plan shall be standardized and
reflect all appropriate City standard drawing numbers.
The developer shall construct all missing or damaged
street improvements to said development per the City of
Tustin "Minimum Design Standards of Public Works" and
"Street Improvement Standards". This work shall consist
of, but is not limited to: curbs and gutters,
sidewalks, drive apron, street pavement, street lights
and street trees.
B. A final grading plan for the site will be required
for review and approval. The final site and/or grading
plan should show all work wihtin the public right-of-way
with appropriate construction notes and applicable City
Standards delineated on the plan.
C. All decorative or stamped concrete as shown on the
plan shall' not encroach within the public right-of-way
on the plan.
D. Approval for the development as proposed is
contingent upon the abandonment of the alley behind 175
South "C" Street and 130 E1Camino Real.
E. That the building will be equipped with an automatic
fire sprinkler system and plans for the system shall be
submitted to the Building Division.
F. That the owner shall provide a manhole/cleanout for
the alley sewer, upstream of the end of the line.
G. The trash enclosure shall be placed in the front
setback area, near the building for direct access for
the City's franchise refuse service from "C" Street.
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Resolution No. 2056
September 7, 1982
Page Three
H. Planting and irrigation plans shall be submitted to
the City for review and approval prior to landscape
work commencement.
I. Side wall architectural elevations indicating the
addition of detail amenities shall be submitted to the
Co~w~unity Development Director for review and approval
prior to permit issuance.
J. A Master Sign Plan in conformance with provisions of
Sign Code Ordinance No. 684, shall be submitted for
review and approval prior to permit issuance.
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
MAC:ih