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HomeMy WebLinkAboutPC RES 3780RESOLUTION NO. 3780 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE CODE AMENDMENT 01-002, AN AMENDMENT TO ARTICLE 9, SECTION 9271 OF THE TUSTIN CITY CODE TO ALLOW ADDITIONS TO HISTORIC RESIDENTIAL STRUCTURES LISTED ON THE CITY'S HISTORIC RESOURCES SURVEY TO MAINTAIN THE EXISTING SIDE OR REAR YARD' SETBACK OF THE ORIGINAL STRUCTURE IF THE REQUIREMENTS OF THE UNIFORM BUILDING CODE CAN BE MET AND .EMERGENCY ACCESS CAN BE MAINTAINED ~0 The Planning Commission of the City of Tustin does hereby resolve as follows: ]3 ]4 l? 20 2! 2.2 23 24 25 2(; The Planning Commission finds and determines' Ao That Code Amendment 01-002 is necessary to set forth flexible side yard and rear yard setback requirements for additions to historic structures (listed in the City's Historic Resources Survey) that do not meet the current side and rear yard setback requirements. , Bo That the amendment to Tustin City Code Sections has been prepared to allow side and rear yard setbacks for new additions to be consistent with the existing structure if the original structure does not meet the applicable zoning setback requirement and the Uniform Building Code requirements can be met. C, That a public hearing was duly noticed, called, and held on Amendment 01-002 by the Planning Commission on May 14, 2001. Code Do The proposed code amendment would be beneficial and not have an adverse affect on the public health, safety, and welfare of residents or businesses of the City in that: Allowing an extension of the existing setbacks would encourage additions that preserve the architectural integrity of historic residences. Allowing an extension of existing setbacks would provide design flexibility which may encourage renovations that would extend the usefulness of structures that have been identified on the City's Historic Survey. Proposals to enlarge existing residences would be reviewed through the Design Review process on a case-by-case basis, consistent with l0 20 2! 22 2.4 25 26 Resolution No. 3780 Page 2 Section 9272 of the Tustin City Code, to ensure consistency with applicable development standards and compatibility with adjacent properties. Compliance with applicable development standards would limit the extent of additions and minimize potential adverse impacts associated with expanding a structure along existing setbacks. Allowing an extension of the existing setbacks would only be permitted if requirements of the Uniform Building Code can be met and emergency access can be maintained. E, The proposed code amendment is consistent with the. General Plan Conservation/Open Space/Recreation Element Policy 12.1 which states, "Identify, designate, and protect facilities of historical significance, where feasible." Fo That a Final Negative Declaration has been considered and recommended for approval by the City Council in conformance with the requirements of the California Environmental Quality Act. II. The Planning Commission hereby recommends that the City Council approve Code Amendment 01-001, as follows: A, The following text shall be added as Tustin City Code Section 9271(p)(2)' "In the Single Family Residential (R-l), Duplex Residential (R-2), and Multiple Family Residential (R-3) zoning districts, the minimum required side or rear yard setback for side or rear yard additions to existing structures (not including accessory structures, except garages identified in the City's Historic Resources' Survey) that are listed on the City's Historic Resources Survey shall be the same as the adjacent elevation of the existing side or rear yard setback of the original structure if the setback is less than the minimum setback required in the applicable residential district provided the. requirements of the Uniform Building Code can be met and .emergency access can be maintained. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting held on the 14th day of May, 2001. ELIZABETH A. BINSACK Planning Commission Secretary "LESLIE A. PO'NTIOUS Chairperson Resolution No. 3780 Page 3 STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN SS I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning Commission Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3780 was duly passed and adopted at regular meeting of the Tustin Planning Commission, held on the 14th day of May, 2001. ELIZABETH A. BINSACK Planning Commission Secretary 10 14 17 20 ?.4 ?-8