31A - VARIANCE - REDUCTION OF LANDSCAPE 1901 N TUSTIN

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Variance No. 2011-01 February 28, 2011 Page 4 • The project site has a special circumstance related to its size, shape and location. The property is located on a road whose realignment cut into the original front yard setback thereby causing it to be non-compliant. The realignment also caused the property to be irregular in its size and shape further constraining the property's ability to provide the required setback. • The granting of the variance is necessary for the preservation and enjoyment of substantial property rights. Meeting the setback standard would require the demolition of approximately 1,500 square feet of building area; a reduction of 23% of usable area. This reduction would significantly reduce the feasibility of the proposed use of the building, which impacts the property rights of the owners. • The granting of the variance will not be detrimental to the public or surrounding properties as the building and site is proposed to be rehabilitated to comply with all applicable development standards except for the front and side yard setback requirements. • Finally, the project will not adversely affect the general plan as the proposed medical use is a permitted use in the General Commercial land use designation. To minimize the effects of the reduced setback, the interior and exterior of the site will be upgraded. Further, the existing parking lot will be reconfigured to close the westernmost driveway on Lenita Lane, which will improve on-site circulation and provide additional landscaping. This improvement will make the parking lot comply with both the current setback standard as well as the landscaping standard. The applicant will be removing dead landscaping and will install new landscaping materials within the front and side yard setback areas as well as within all parking lot landscape planters. It is recommended that the required trees be upgraded to a 36-inch box size and shrubs to a 5-gallon size throughout the project to compensate for the reduction in required setbacks. Public Notification The project site is not located within a neighborhood association, but is on the border of the Meredith Parkwood Neighborhood Association. The contact of this Neighborhood Association was notified by mail 10 days prior to this public hearing. The project site itself was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to 85 property owners within 500 feet of the project site, as well as concerned citizens listed on the Permanent Notification List. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. 31A-6