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Home My WebLink AboutPC RES 4002r ~ ,. ~ 1 2 3 4 5 6 7 g 9 10 11I 12 13 14 15 1G 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 4002 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING VARIANCE 92-009 TO VARY FROM TUSTIN CITY CODE SECTION 9271i(1)(a) TO ALLOW AN EIGHT FOOT (8') HIGH FENCE ON THE SIDE PROPERTY LINES AND TUSTIN CITY CODE SECTION 9271i(1)(b) TO ALLOW A SEVEN FOOT SIX INCH (7'6") HIGH FENCE WITHIN THE FRONT YARD SETBACK; AND APPROVE CONDITIONAL USE PERMIT 92-036 TO PERMIT AN EIGHT FOOT (8') HIGH FENCE TO ENCLOSE THE REAR HALF OF A LOT ON THE PROPERTY LOCATED AT 15851 PASADENA AVENUE The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as o- follows: A. That proper applications, VaY~iance 92-009 and Conditional Use Permit 92-036, have been filed by Ray Maggi to request a variance from Tustin City Code Sections 9271i(1)(a) and 9271i(1)(b) and to request by conditional use permit, pursuant to Tustin City Code Section 9271i(1)(d), to allow an increase in the permitted fence heights on the property located at 15851 Pasadena Avenue. B. That a public hearing was duly noticed, called and held for said application on November 10, 1992. C. That the Planning Commission has found that the 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; and 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 enjoyed by other properties in the vicinity and under identical zone classification as evidenced by the following: 1. The subject property is located within the boundaries identified as the Community Improvement Partnership Program area where an increase in crime and Resolution ~ 002 `_. Page 2 2 3 4 5 6 7 8 9 10 ~~ 11 12 13 14 15 1G 17 18 19 20 21 22 23 24 25 2G 27 28 vandalism has been noted and the requested increase in fence height may discourage trespassers from gaining entry onto private property. 2. The requested height increase is consistent with types of security efforts being pursued by surrounding- property owners to protect their tenants and an increase in security may result providing protection to City residents. D. The Planning Commission has determined that the establishment, maintenance or operation of an eight foot (8') high fence on the rear half of the lot is not detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood of the use; and that the increased fence height will not be injurious or detrimental to property and improvements in the neighborhood or the general welfare of the City as evidenced by the following: 1. The increased fence height will enhance security of the apartment complex by deterring trespassers from climbing the fence thereby ensuring the health, safety and general welfare of the residents. 2. The increased fence height may reduce noise and pollution caused by the proximity of Pasadena Avenue, McFadden Avenue and the Newport Freeway to the subject property further enhancing the comfort and general welfare of those residing at the subject property. E. This project has been determined to be Categorically Exempt pursuant to Section 15301 (Class 1) of the California Environmental Quality Act. II. The Planning Commission hereby approves Variance 92-009 to vary from Tustin City Code Section 9271i(1)(a) to allow an eight foot (8') high fence on the side property lines and Tustin City Code Section 9271i(1)(b) to allow a seven foot six inch (7'6") high fence within the front yard setback; and approves Conditional Use Permit 92-036 to permit an eight foot (8' ) high fence to enclose the rear half of a lot on the property located at 15851 Pasadena Avenue, subject to the conditions contained in Exhibit A attached and incorporated ~ 4 t 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1G 17 18 19 20 II 211 22 23 24 25 26 271 Resolution No. 4002 Page 3 herein by reference. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 10th day of November, 1992. f J SALEK Chairper n ~~~ KATHLEEN C CY Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, KATHLEEN CLANCY, the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 4002 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 10th day of November, 1992. %~ ~ ( .~ KATHLEEN CL~ T~ Recording Secretary 281 EXHIBIT A CONDITIONS OF APPROVAL RESOLUTION NO. 4002 VARIANCE 92-009 AND CONDITIONAL USE PERMIT 92-036 A. GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped November 10, 1992, 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 92-009 and Conditional Use Permit 92-036 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 including the location of knox boxes and shall comply with all handicap accessibility requirements. (1) 1.6 Approval of Variance 92-009 and Conditional Use Permit 92-036 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 developer shall hold and defend the City of Tustin harmless for all claims and liabilities out of City's approval of the entitlement process for this project. SOURCE CODES (1) STANDARD CONDITION (4) (2) UNIFORM BUILDING CODE/S (5) (3) DESIGN REVIEW (6) *** EXCEPTION (7) RESPONSIBLE AGENCY REQUIREMENT LANDSCAPING GUIDELINES PC/CC POLICY TUSTIN CITY CODE t r I t Exhibit A Conditions of Approval VAR 92-009 & CUP 92-036 Resolution No. 4002 Page 2 B. SITE CONDITIONS (4j 2.1 Applicant shall comply with OCEMA Standard 1117 for sight distance for a driveway. Portions of the proposed combination wrought-iron/pilaster fencing along the front property line shall be modified to comply with this standard. (4) 2.2 Pilasters along front property line shall not extend into the public right-of-way. Provide construction details ~t building plan check submittal denoting property lines. (4) 2.3 At the applicant's discretion, privacy slats materials shall be fiberglass construction or comparable subject to review and approval by the Community Development Department at plan check submittal. The applicant shall ensure that the slats are maintained in good repair and/or replaced as necessary. (4) 2.4 Support members and fence post as specified on conceptual support post detail sheet shall be wrought-iron and shall be painted to match the main railing portion of the fence . (4 ) 2.5 The front wall elevation shall be permitted to exceed the total height of seven feet, six inches, to ensure a maximum height of five feet, five inches for the wrought iron extension, due to the variations in grade along the front property line subject to the review and approval of the Community Development Department. D. PLAN SUBMITTAL (1) 3.1 At plan check, submit three (3) sets of construction plans, including structural calcs. Requirements of the Uniform Building Code shall be complied with as approved by the Building Official. No field changes shall be made without corrections submitted to and approved by the Community Development Department. E. FEES (1) 4.1 Payment of all building plan check and permit fees shall be made prior to issuance of any building permits in accordance with the Tustin City Code.