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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. AGW:jh 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: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 .22 23 24 25 26 27 28 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 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. 28 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 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