HomeMy WebLinkAboutZA AGENDA REPORT F_
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_ATE: JUNE 3, 1996 inter-Com
TO: ZONING ADMINISTRATOR
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: MINOR ADJUSTMENT 96-001 (SHEA HOMES)
APPLICANT/ SHEA HOMES
OWNER 655 BREA CANYON RD.
WALNUT, CA 91788
ATTN: RON METZLER
LOCATION: LOTS 10, 11, 16, 17, 22 & 23 OF TRACT 14934
ZONING: PCR (PLANNED COMMUNITY RESIDENTIAL)
ENVIRONMENTAL
STATUS: THIS PROJECT HAS BEEN DETERMINED TO BE
CATEGORICALLY EXEMPT (CLASS 5) PURSUANT TO THE
PROVISIONS OF SECTION 15305 OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
REQUEST: AUTHORIZATION TO REDUCE THE STREET SIDE BUILDING
SETBACK FROM 10 FEET TO 9 FEET ON LOTS 10, 11, 16,
17, 22 & 23 OF TRACT 14934 .
RECOMMENDATION
That the Zoning Administrator approve Minor Adjustment 96-001,
reducing the required street side setback from 10 feet to 9 feet on
the specified Lots of Tract 14934 by adopting Zoning Administrator
Action 9.6-005, as submitted or revised.
BACKGROUND
The applicant is requesting approval of a Minor Adjustment from
Section 3 .5 .D. 2 of the Planned Community District Regulations to
reduce the minimum street side building setback from 10 feet to 9
feet. The Minor Adjustment would apply to Lots 10, 11, 16, 17, 22,
& 23 within the 145 single--family detached dwelling unit
development which is presently under construction at the southerly
terminus of Newport Avenue. The application involves a decrease of
not more than 10o in the minimum building setback and is therefore
considered a Minor Adjustment subject to the approval of the Zoning
Administrator.
Zoning Administrator Report
June 3 , 1996
Minor Adjustment 96-001. (Shea Homes)
Page 2
The subject development is surrounded by multiple--family
residential to the west across Newport Avenue, multiple-family and
single-family residential to the north, the Tustin Unified School
District maintenance facility to the east and a flood control
channel and railroad to the south. Each lot included as part of
the Minor Adjustment request is located within the interior of the
Tract and surrounded by other lots on all sides within the Tract
which have not been constructed to date.
DISCUSSION
The intent of the Planned: Community Distract Regulations for this
particular development is to create flexible standards to provide
diversification among the relationships of uses, buildings, and
structures. Section 3 . 5 .D of the District Regulations establishes
the setback requirements for buildings. The applicant is proposing
to replace the Plan 1 units with Plan 2 units on Lots 9, 12, 15,
18, 21 and 24 . However, the Plan 2 units are one foot wider than
the Plan 1 units . To avoid reducing the side -setback between the
structures, the applicant is proposing to increase the width of the
Lots by one foot . This results in Lots 10, 11, 16, 17, 22 & 23
being reduced in width by one foot . The reduced setback occurs on
Lots 10, 11, 16, 17, 22' & 23 fronting on to the primary loop road
(private street) rather than between the structures . As shown on
the attached plans, a minimum 9 feet of landscaping and a 5 foot
wide sidewalk would be provide adjacent to the private street .
Condition 2 .1 and 2 . 2 have been included for the applican-t to
revise the precise grading plan to reflect the revised setbacks and
unit plotting, as well as, process a Lot Line Adjustment since the
change affects the recorded lot lines.
The Minor Adjustment would not grant a special privilege in that
•the proposed setbacks would still provide the necessary building
separation as intended by the District Regulations and that the
rear and side yards between structures would not be reduced.
Zoning Administrator Report
June 3, 1996 I'
Minor Adjustment 96-001 (Shea Homes) �
Page 3
There are special circumstances applicable to the property in that
this property has been subject to dedication requirements for the
realignment of Newport Avenue and is required to provide an
affordable housing program since the property is located within the
South/Central Redevelopment Project Area. At the same time, the
project has responded to these constraints by also producing a
single--family detached home ownership product which is critical to
the City' s efforts to stabilize and improve this neighborhood in
the southwest portion of the City.
Daniel Fo AICP
Senior Planner
Attachments : , Location Map
Submitted-plans
Zoning Administrator Action 96-005
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ZONING ADMINISTRATOR ACTION. NO. 96-005
2 MINOR ADJUSTMENT 96-001 -'
FINDINGS AND CONDITIONS OF APPROVAL
3
.4 Y . The Zoning Administrator finds and determines as follows :
5 A. That a proper application, Minor Adjustment 96-001,
has been filed by Shea Homes to request a Minor
6 Adjustment from Section 3 . 5 .D. 2 of the Planned
Community District Regulations for Tract 14934 to
7 reduce the minimum street side building setback
from 10 feet to 9 feet on Lots 10, 11, 16, 17, 22 &
8 23 of Tract 14934 .
9 B . That. the Minor Adjustment would not constitute a
grant of , special privilege inconsistent with the
10 limitations upon other properties in the vicinity
and district in which the subject he
is
11 located in that the proposed setbacks would still
provide the necessary building separation as
12 intended by the District Regulations and that the
rear and side yards between structures would not be
13 reduced.
_'�14 C. That there are special circumstances applicable to
the subject property, including size, shape,
15 topography, location or surroundings, that the
strict application of the Zoning Code would deprive
16 the subject property of privileges enjoyed by other
properties in the vicinity and under identical zone
17 classification in that this property has been
subject to dedication requirements for the
18 realignment of Newport Avenue and is required to
provide an affordable housing program since the
19 property is located within the South/Central
Redevelopment Project Area. At the same time, the
20 project has responded to these constraints by also
producing a single-family detached home ownership
21 product which is critical to the City' s efforts to
stabilize and improve this neighborhood in the
22 southwest portion of the City.
23 D. That this project has been reviewed for consistency
with the Air Quality Sub-Element of the City of
24 Tustin General Plan and has been, determined to be
consistent or has been conditioned to be consistent
25 with the Air Quality Sub-Eletent .
26 E. This project has been determined to be
Categorically Exempt pursuant to Section 15305
7 (Class 5) of the California Environmental Quality
Act .
28 '
Zoning Administrator Action 96-0.05
Page 2 '
1
2 --
II . The Zoning Administrator hereby approves Minor Adjustment
3 96-001 to reduce the minimum street side building setback
from 10 feet to 9 feet on Lots 10, 11, 1.6, '17, 22 & 23 of
4 Tract 14934, subject to the conditions contained in
Exhibit A attached hereto.
5
PASSED AND ADOPTED at a regular meeting of the Tustin Zoning
6 Administrator, held on the 3rd day of June, 1996 .
7
8 RICK BROWN
9 Zoning Administrator Designee
10
BARBARA REYES
11 Secretary
12
13
STATE OF CALIFORNIA )
14 COUNTY OF ORANGE
CITY OF TUSTIN
15
16 I, BARBARA REYES,. the undersigned, hereby certify that I am
-the Recording Secretary of the Zoning Administrator of the
17 City of Tustin, California and that Zoning Administrator
Action 96-005 was duly passed and adopted at a regular meeting
18 of the Tustin Zoning Administrator, held on the 3rd day of
June, 1996.
19
20
BARBARA REYES
21 Recording Secretary
22
23
24
25
26
27 `
28
ZONING ADMINISTRATOR ACTION 96-005
EXHIBIT' A
MINOR ADJUSTMENT 96-001
CONDITIONS OF APPROVAL
GENERAL
(1) 1.1 The proposed project shall substantially conform with the
submitted plans for the project date stamped June 3, 1996
on file with the Community Development Department, as
herein modified, or as modified by the Director of
Community Development Department, in accordance with this
Exhibit. The Director of Community Development may also
approve subsequent minor modifications to plans during '
plan check if such modifications are. to be consistent
with provisions of the Tustin City Code or other
applicable regulations.
(1) 1.2 Unless otherwise specified, the conditions contained in
this Exhibit shall be complied with prior to the issuance
of the production precise grading permit for the project,
-subject to review and approval by the Community
Development Department.
(1) 1.3 Appro�ral of Minor Adjustment 96--001 is contingent upon
the applicant/property owner signing and returning an
"Agreement to Conditions Imposed" form as established by
the Director of Community Development .
(1) 1.4 The applicant shall hold and defend the City of Tustin
harmless for all claims and liabilities arising out of
the City' s approval of the entitlement process for this
project .
PLAN SUBMITTAL
(1) 2 .1 Prior to issuance of building permits for Lots 9-12, 15-
18 , and 21-24, a revised precise grading plan shall be
submitted to and approved by the Building Division for
the revised setbacks and unit plotting. No field changes
shall be made without corrections submitted to and
approved by the Community Development Department .
(1) 2 .2 Prior to issuance of building permits for Lots 9-12, 15-
18, and 21-24, a Lot Line Adjustment shall be submitted
to and approved by the City and recorded on the property
to reflect the necessary adjustments to the property
lines consistent with the precise grading- plans .
SOURCE CODES
(1) STANDARD CONDITION (4) RESPONSIBLE AGENCY REQUIREMENT
(2) UNIFORM BUILDING CODE/S (5) LANDSCAPING GUIDELINES
(3) DESIGN REVIEW (6) PC/CC POLICY
*** EXCEPTION (7) TUSTIN CITY CODE
Exhibit A
Zoning Administrator Action 96--005
Page 2
FEES
(1) 3 .1 Prior to issuance of any building permits, payment shall
(5) be made of all applicable fees, including but not limited
to the following. Payment shall be required based upon
those rates in effect at the time of payment and are
subject to change.
A. Building plan check and permit fees to the
Community Development Department based on the most
current schedule .
r
(1) 3 .2 Within forty-eight (48) hours of approval of the subject
(5) project, the applicant shall deliver to the Community
Development Department, a cashier' s check payable to the
COUNTY CLERK in the amount. of. $38 . 00 (thirty eight
dollars) to enable the City to file the appropriate
environmental documentation for the project . if within
such forty-eight (48) hour period that applicant has not
delivered to the Community Development Department the
above-noted check, the statute of limitations for any
interested party to challenge the environmental
determination under the provisions of the California
Environmental Quality Act could be significantly
lengthened.
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