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HomeMy WebLinkAboutZA 94-007/VAR 94-009 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 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. 1 2 3 4 5 6 7 8 9 c. 10 11 12 13 D. 14 15 16 17 18 19 20 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. 21 22 23 CHRISTINE A. S Zoning Admini 24 ttr BARBARA REYHS Secretary 25 26 27 28 1 Zoning Administrator Action 94-007 Page 3 2 3 STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN 4 5 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 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 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.