HomeMy WebLinkAboutZA 94-007/VAR 94-009
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I.
A.
B.
ZONING ADMINISTRATOR ACTION NO. 94-007
VARIANCE 94-009
FINDINGS AND CONDITIONS OF APPROVAL
The Zoning Administrator finds and determines as
follows:
That a proper application, Variance 94-009,
has been filed by Scott Frank to request a
variance to reduce the required number of
unassigned open guest parking spaces at the
apartment complex located at 350 Pasadena
Avenue from four (4) spaces to three (3)
spaces.
That the Zoning Administrator has found that
the minor adjustment authorized shall not
constitute a grant of special privilege
inconsistent with the limitations upon other
properties in the vicinity and district in
which the subject property is situated; that
because of special circumstances applicable to
the subject property, including size, shape,
topography, location or surroundings, the
strict application of the Zoning Code would
deprive the subject property of privileges
enj oyed by other properties in the vicini ty
and under identical zone classification; that
the intent of the parking regulations is
preserved; that the parking provided will be
sufficient to serve the use intended and
potential future uses of the same site; and
that the adjusted decrease in the number of
parking spaces shall not be detrimental to the
public health, safety or general welfare or
materially injurious to properties located in
the general vicinity as evidenced by the
following:
1.
The subject property was reconfigured by
the widening of the SR-55 freeway and as
a result has an unusual lot configuration
which limits vehicular circulation
through the site and limits the amount of
on-site parking that can be accommodated,
particularly in the northwest portion of
the site.
Zoning Administrator
Action 94-007
Page 2
II. The Zoning Administrator hereby approves Variance
94-009 to reduce the required number of unassigned
open guest parking spaces at the apartment complex
located at 350 Pasadena Avenue from four (4) spaces
to three (3 ) spaces, subj ect to the condi tions
contained in Exhibit A attached hereto.
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D.
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2.
The reduction of one (1) parking space
would not significantly affect on-site
parking as 30 percent of the units are
studio apartments and 40 percent are one-
bedroom apartments which typically
generate less parking demand than larger
apartment units.
3 .
Parking will be provided to the greatest
extent possible and should be adequate to
serve the ten (10) residential units, 70
percent of which are one-bedroom or
smaller.
That this project has been reviewed for
consistency with the Air Quality Sub-Element
of the City of Tustin General Plan and has
been determined to be consistent or has been
conditioned to be consistent with the Air
Quality Sub-Element.
This project has been determined to be
Categorically Exempt pursuant to section 15303
(Class 3) of the California Environmental
Quality Act.
PASSED AND ADOPTED at a regular meeting of the Tustin
Zoning Administrator, held on the 18th day of July, 1994.
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CHRISTINE A. S
Zoning Admini
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ttr
BARBARA REYHS
Secretary
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Zoning Administrator
Action 94-007
Page 3
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STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF TUSTIN
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I, BARBARA REYES, the undersigned, hereby certify that I
am the Recording Secretary of the Zoning Administrator of
the City of Tustin, California and that Zoning
Administrator Action 94-007 was duly passed and adopted
at a regular meeting of the Tustin Zoning Administrator,
held on the 18th day of July, 1994.
~~e~
/ ~BARA REYES
Recording Secretary
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ZONING ADMINISTRATOR ACTION 94-007
EXHIBIT A
VARIANCE 94-009
CONDITIONS OF APPROVAL
GENERAL
(1) 1.1 The proposed project shall substantially conform with the
submitted plans for the project date stamped July 18,
1994, 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.
(1) 1.2 Unless otherwise specified, the conditions contained in
this Exhibit shall be complied with prior to the issuance
of any building permits for the project subject to review
and approval by the Community Development Department.
(1) 1.3 Variance 94-009 approval shall become null and void
unless all building permits are issued within twelve (12)
months of the date of this Exhibit.
(4) 1.4 Any public improvements damaged by the applicant adjacent
to this property shall be repaired and/or replaced as
determined by the Engineering Division and shall include,
but not be limited to, curb and gutter, street paving and
drive apron.
(2) 1.5 All construction shall be in accordance with the 1991
Uniform Building Code (UBC) , applicable City Codes and
the City's Security Code and shall comply with all
handicap accessibility requirements.
(1) 1.6 Approval of Variance 94-009 is contingent upon the
applicant signing and returning an "Agreement to
Conditions Imposed" form, as established by the Director
of Community Development.
(1) 1.7 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.
SOURCE CODES
(1) STANDARD CONDITION
(2) UNIFORM BUILDING CODE/S
(3) DESIGN REVIEW
*** EXCEPTION
(4) RESPONSIBLE AGENCY REQUIREMENT
(5) LANDSCAPING GUIDELINES
(6) PC/CC POLICY
(7) TUSTIN CITY CODE
Exhibit A
Conditions of Approval
VAR 94-009
Zoning Administrator Action 94-007
Page 2
SITE CONDITIONS
(7) 2.1 All parking surfaces shall be maintained in a safe
condition such that any concrete, asphalt or other
driving surfaces are free of potholes, buckled or cracked
surfaces or raised areas.
(4) 2.2 All carport treatments must be coordinated with regard to
color, materials and detailing as noted on submitted
construction plans at building plan check, and elevation.s
shall indicate all colors and materials to be used. All
colors, materials and treatments are subject to review
and approval by the Communi ty Development Department
during building plan check.
(7) 2.3 Each new carport space shall be of minimum dimensions of
nine (9) feet by twenty (20) feet and shall contain a
storage compartment of ninety (90) cubic feet.
PLAN SUBMITTAL
(1) 3.1 At building plan check, submit four (4) sets of
construction plans including structural calculations and
Title 24 energy calculations. Requirements of the
Uniform Building Codes, state Handicap, Energy
Requirements and applicable City Codes and adopted
guidelines shall be complied with as approved by the
Building Official. No field changes shall be made
wi thout corrections submi tted to and approved by the
Community Development Department.
FEES
(1) 4.1 Payment of all building plan check and permit fees to the
Community Development Department shall be made prior to
issuance of any building permits in accordance with the
Tustin City Code.
Exhibit A
Conditions of Approval
VAR 94-009
Zoning Administrator Action 94-007
Page 3
(1) 4.2 Within forty-eight (48) hours of approval of the subject
project, the applicant shall deliver to the Community
Development Department, a cashier's check payable to the
County Clerk, in the amount of $25.00 (twenty five
dollars) to enable the City to file with the County
Clerk, the appropriate environmental documentation
pursuant to the California Environmental Quality Act. If
within such forty-eight (48) hours period, the applicant
has not delivered to the Community Development Department
the above noted check, the approval for the project
granted herein shall be considered automatically null and
void.
In addition, should the Department of Fish and Game
reject the Certificate of Fee Exemption filed with the
Notice of Determination and require payment of fees, the
applicant shall delver to the Community Development
Department within forty-eight (48) hours of notification,
a cashier's check payable to the County Clerk in the
amount of eight hundred fifty dollars ($850) if an ErR
was prepared or twelve hundred fifty dollars ($1,250) if
a Negative Declaration was prepared. If this fee is
imposed, the subject project shall not be operative,
vested or final unless and until the fee is paid.