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HomeMy WebLinkAboutZA 96-005/MA 96-001 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 ZONING ADMINISTRATOR ACTION NO. 96-005 MINOR ADJUSTMENT 96-001 FINDINGS AND CONDITIONS OF APPROVAL I . The Zoning Administrator finds and determines as follows: A. That a proper application, Minor Adjustment 96-001, has been filed by Shea Homes to request a Minor Adj ustment from Section 3.5. D. 2 of the Planned Community District Regulations for Tract 14934 to reduce the minimum street side building setback from 10 feet to 9 feet on Lots 10, 11, 16, 17, 22 & 23 of Tract 14934. B. That the Minor Adjustment would not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and district in which the subj ect property is located 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. . C. That there are special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, that the strict application of the Zoning Code would deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification in that this property has been subj ect 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. D. 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. E. This project has been determined to be Categorically Exempt pursuant to Section 15305 (Class 5) of the California Environmental Quality Act. Zoning Administrator Action 96-005 Page 2 1 2 3 II. The Zoning Administrator hereby approves Minor Adjustment 96-001 to reduce the minimum street side building setback from 10 feet to 9 .feet on Lots 10, 11, 16, -17, 22 & 23 of Tract 14934, subj ect to the condi tions contained in Exhibit A attached hereto. 4 5 7 PASSED AND ADOPTED at a regular meeting of the Tustin Zoning Administrator, held on the 3rd day of June, 1996. ~~ 6 8 RICK BROWN Zoning Administrator Designee 9 ~R~ Secretary 10 11 12 13 14 STATE OF CALIFORNIA 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 City of Tustin, California and that Zoning Administrator Action 96-005 was duly passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 3rd day of June, 1996. ~E€r- Recording Secretary 17 18 19 20 21 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 proj ect shall substantially conform wi th 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 Approval 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 (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 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. (1) 3.2 Within forty-eight (48) hours of approval of the subject (5) proj ect, the applicant shall deliver to the Communi ty 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. OF: br