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HomeMy WebLinkAboutPC RES 3688]0 '2 ]7 20 23 24 25 RESOLUTION NO. 3688 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING VARIANCE 99-003 TO ALLOW INSTALLATION OF A FIVE (5) FOOT HIGH WROUGHT IRON FENCE WITHIN THE FRONT YARD SETBACK ALONG MAIN STREET AND CALIFORNIA STREET FOR THE PROPERTY LOCATED AT 330 CALIFORNIA STREET. The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: Ao That a proper application for Variance 99-003 has been filed by Kent Sutcliff requesting authorization to install a five (5) foot high wrought iron fence along Main Street and California Street for the property located at 330 California Street. S. That a public hearing was duly called, noticed and held for said item by the Planning Commission on September 13, 1999. Ce That because of special circumstances applicable to the Subject property, including size, shape, topography, location or surroundings, the strict application of the Zoning Ordinance is found to deprive subject property of privileges enjoyed by other properties in the vicinity and under identical zone classifications. The residential structure is situated on the rear of ~ corner lot with frontage along Main Street and California Street. In accordance with the Tustin City Code, the frontage along Main Street is considered the front and the frontage along California Street is considered the side. However, access to the property is located on California Street and the main yard is located along the front of the property. As such, the front yard functions as the side and rear, or main, yard. Typically, . other lots with the R-1 zoning district may enclose side and rear yard areas with fencing that is a maximum of six feet eight inches in height. Approval of this variance would grant a privilege enjoyed by other properties within the same zoning district. D. That any variance granted shall be subject to such conditions as will assure that the authorized increased height for fencing 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 in that: The granting of this variance would not constitute a special privilege that is inconsistent with the limitations on other properties in the R-1 Resolution No. 3688 VAR 99-003 Page 2 district in that the main yard area would be enclosed with a fence that is less than the maximum six feet eight inches (6'-8") in height that would be allowed within the side and rear yards of other properties within the R-1 zoning district. In addition, the fencing located within the public right-of-way located within the front yard setback at the southwest corner of the site and along California Street extending to the northern property line would be subject to an Encroachment Permit and removed immediately upon notification by the Public Works Department. l0 13 ]4 16 ]? 20 Eo That this project is categorically exempt (Class 3) from the requirements of the California Environmental Quality Act, (CEQA) pursuant to Section 15303 of the State CEQA Guidelines. II. The Planning Commission hereby approves Variance 99-003 to allow installation of a five (5) foot high wrought iron fence within the front yard setback along Main Street and California Street for the property located at 330 California Street, subject to the conditions contained in Exhibit A, attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 13th day of September, 1999. /S'f"IS~EN V. KOZAK Chairperson A. BINSACK Planning Commission Secretary 2] STATEOF CALIFORNIA ) · COUNTY OF ORANGE ) 22 CITY OF TUSTIN ) 23 24 25 27 28 29 I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3688 was duly and adopted at a regular meeting of the Tustin Planning Commission, held on the 13th day of September, 1999. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A - RESOLUTION 3688 CONDITIONS OF APPROVAL VARIANCE 99-003 330 CALIFORNIA STREET GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped September 13, 1999, on file with the Community Development Department, as herein modified, or as modified.by the Director of the Community Development Department in accordance with this Exhibit. The Director of Community Development may also approve subsequent minor modifications to the plans during plan check if such modifications are consistent with provisions of the Tustin City Code. (1) 1.2 Approval of Variance 99-003 shall become null and void unless building permits are issued within twelve (12) months of the date of this Exhibit. (1) 1,3 Approval of Variance 99-003 is contingent upon the property owner signing and returning an "Agreement to Conditions Imposed" form as established by the Community Development Department. (1) 1.4 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) 1.5 The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of a challenge of the City's ,~pproval of this project. PLAN SUBMITTAL The fence shall be a maximum of five (5) feet in height measured from the finish grade at street level located a minimum of five (5) feet, six (6) inches from the curb face along the east side of the property along California Street and at the property line along Main Street. No portions of the fence along the southerly property line along Main Street may encroach into the public SOURCE CODES (2) (3) (4) STANDARD CONDITION CEQA MITIGATION UNIFORM BUILDING CODE/S DESIGN REVIEW EXCEPTIONS ($) (6) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY Exhibit A Resolution No. 3688 VAR 99-003 Page 2 (6) 2.2 right-of-way. The fencing along Main Street shall consist of 5/8 inch wrought iron pickets, 2 inch posts, and 1-1/4 inch rails with vertical members spaced approximately four inches apart. The fencing along California Street shall consist of 5/8 inch wrought iron pickets, 2 inch posts, and 1-1/4 rails with vertical members spaced a minimum of four inches apart. The vehicle and pedestrian gates shall be held up with stone pilasters appropriate for the Period Revival style of the house. A landscaping plan shall be submitted subject to approval by the Community Development Department. The plan shall depict all plant material at varying heights, but not limited to trees, shrubs and groundcover to so~en appearance and add visual interest to the wrought iron fence. At a minimum, five (5) gallon shrubs at five feet on center and ground cover shall be provided for the 5'-6" landscaped area between the fence and street curb along California Street. No landscaping material, mounding, or other temporary or permanent structures or facilities may be located in the visual clearance area in the southwest portion of the property that would prevent sufficient sight distance for vehicles existing the property at 525 W. Main Street onto W. Main Street. The visual clearance area or triangle is defined by measuring ten (10) feet from the southwest corner along the southem and western property lines and connecting these points. Landscaping within this area shall be limited to ground cover and small shrubs of maximum 18" high. No landscaping such as large shrubs or trees that would hamper driver visibility shall be located or allowed to proliferate in the triangle. The vehicular access gate shall be installed with an electronic automatic opener controlled by a remote control device. The automatic operating system shall be functional'at all times. If the City observes traffic obstructions on California Street related to vehicles waiting to enter through the gate, the property owner shall initiate mitigation measures acceptable to the Public Works Department including, but not limited to, removing the gate. The property owner shall be responsible for the daily maintenance and repair of the fencing and gates, landscaping, and other improvements such as the concrete paving including but not limited to, painting, graffiti removal and maintenance of the improvements to ensure that the facilities are maintained in an attractive and operational manner. Failure to maintain said structures will be grounds for enforcement of the Property Maintenance Ordinance, including nuisance abatement procedures. Concrete paving shall be constructed and maintained in accordance with City standards. Exhibit A Resolution No. 3688 VAR 99-003 Page 3 PLAN SUBMITTAL (1) 3.1 (5) 3.2 Prior to installation, the applicant shall obtain a building permit for the fence and gates. At the time of building permit application, the plans shall comply with the latest adopted Uniform Building Code, other related codes, City Ordinances, and State and Federal laws and regulations. PUBLIC WORKS DEPARTMENT In addition to the Encroachment Permit issued on August 9, 1999 for construction of a drive apron in the public right-of-way, the applicant shall obtain an encroachment permit for all improvements that would be installed in the public right-of-way including, but not limited to, the landscaping, fencing, driveway, concrete paving and vehicular and pedestrian access/gate. (1) 4.2 The applicant will be required to obtain an Encroachment Permit from the Public Works Department for all improvements constructed within the public right-of-way. The following conditions shall be incorporated into the Encroachment Permit: a. The parcel at 330 California Street is the property benefited by this Encroachment Permit (the Benefited Property). The "Benefited Property Owner" or "Owner" is the real property owner of the Benefited Property and includes any successor-in-interest thereto. bo The Permit is for the Benefited Property Owner's exclusive use and is transferable only to a successor Benefited Property Owner and only upon written notice to City of the Successor Owner (s)' written acceptance of the Permit and of its conditions. A sale or transfer of the Benefited Property without notice to the City in accordance with this Section B shall not effect a transfer of this Permit, and the Permit shall lapse. Co Upon revocation, lapse, or termination of the Permit, the Benefited Property Owner shall restore the Permit Area to its original condition. d. To the extent real property taxes are assessed on the property within the Permit Area, such taxes shall be promptly paid by the Benefited Property Owner. Exhibit A Resolution No. 3688 VAR 99-003 Page 4 e. The Benefited Property Owner shall obtain and maintain Liability Insurance for the facilities installed and shall cause City to be named as an additional insured. Notwithstanding the obligation in (e) above, the Benefited Property Owner shall, defend, indemnify, and hold harmless the City of Tustin from any and all claims, lawsuits, liability, penalties, or damages, including damage to the City's facilities arising from installation, maintenance, and use of the facilities in Permit Area by any person, including City, but this obligation does not apply to City's sole negligence or willful misconduct. Revocation, lapse, or termination of the Permit shall not effect a termination of this obligation of the Benefited Property Owner provided that the facts giving rise to the claim arose when the Benefited Property Owner had access to the Permit Area. · g. Any facilities installed in the Permit Area by the Benefited Property Owner shall be completed lien-free. h. The Benefited Property Owner shall relocate immediately, at Owner's sole expense, the facilities installed in the Permit Area or remove the facilities at Owner's sole expense when requested to do so by City to make way for uses by City, City franchisees, water or sewer agencies, or any use of the Permit Area by a person with a superior legal right to use the Permit Area. FEES (1) 5~1 Prior to issuance of any building permits, payment shall be made of all applicable building plan check and permit fees to the Community Development Department. Payment shall be required based on those rates in effect at the time of payment and are subject to change. (1) 5.2 Prior to work in the public right-of-way, an Encroachment Permit must be obtained from and applicable fees paid to the Public Works Department. 5.3 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 $38.00 (thirty eight 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) hour 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.