HomeMy WebLinkAboutZA 95-014 / MA 95-002
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ZONING ADMINISTRATOR ACTION NO. 95-014
MINOR ADJUSTMENT 95-002
FINDINGS AND CONDITIONS OF APPROVAL
The Zoning Administrator finds and determines as follows:
A. That a proper application, Minor Adjustment 95-002,
has been filed by Shea Homes to request a Minor
Adjustment 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 4, 81, 102, 103,
110, 123, 130, 131 and 138 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 subject 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
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.
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 95-014
Page 2
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II . The zoning Administrator hereby approves Minor Adjustment
95-002 to reduce the minimum street side building setback
from 10 feet to 9 feet on Lots 4, 81, 102, 103, 110, 123,
130, 131 and 138 of Tract 14934, subject to the
conditions contained in Exhibit A attached hereto.
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PASSED AND ADOPTED at a regular meeting of the Tustin zoning
Administrator, held on the 31st day of July, 1995.
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Zoning
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~R~
Secretary
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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 95-014 was duly passed and adopted at a regular meeting
of the Tustin Zoning Administrator, held on the 31st day of
July, 1995.
~~
Recording Secretary
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ZONING ADMINISTRATOR ACTION 95-014
EXHIBIT A
MINOR ADJUSTMENT 95-002
CONDZTZONS OF APPROVAL
GENERAL
( 1) 1. 1 The proposed proj ect shall substantially conform with the
submitted plans for the project date stamped July 31,
1995 on file with the Community Development Department,
as herein modified, or as modified by the Director of
Community Development Department in accordance with this
Exhibi t. 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 95-002 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 At plan check, submit four (4) sets of revised private
street improvement and precise grading plans, including
the modifications approved as part of the Building
Official's approval of a street standard deviation
adjacent to Lots 49 and 57, dated July 25, 1995. Lots 49
and 57 shall comply with the minimum ten (10) foot street
side building setback. No field changes shall be made
wi thout corrections submitted to and approved by the
Community Development Department.
SOURCE CODES
(1) STANDARD CONDITION
(2) UNIFORM BUILDING CODEtS
(3) DESIGN REVIEW
*** EXCEPTION
(4) RESPONSIBLE AGENCY REQUIREMENT
(5) LANDSCAPING GUIDELINES
(6) PC/CC POLICY
(7) TUSTIN CITY CODE
Exhibit A
Zoning Administrator Action 95-014
Page 2
(1) 2.2 Prior to issuance of building permits for Lot 49 and 57,
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 private street improvement and precise grading
plans.
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) 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 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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