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HomeMy WebLinkAboutPC RES 3627RESOLUTION NO. 3627 ]4 20 23 24 25 26 2g ~9 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING VARIANCE 98-004 TO ALLOW INSTALLATION OF A SlX (6) FOOT HIGH WROUGHT IRON FENCE WITH PEDESTRIAN ACCESS IN THE FRONT YARD SETBACK ALONG MCFADDEN AVENUE FOUR (4) FEET FROM THE PROPERTY LINE FOR THE PROPERTY LOCATED AT 16661 MCFADDEN AVENUE. The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application for Variance 98-004 has been filed by Sullivan properties requesting authorization to install a six (6) foot high wrought iron fence and pedestrian access along McFadden Avenue for the property located at 16661 McFadden Avenue. Bo That a public hearing was duly called, noticed and held for said item by the Planning Commission on November 9, 1998. Co 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. . There are special circumstances with the surroundings of the residential property that require additional security measures. The southern portion of property is facing McFadden Avenue and can be approached by a heavily used public sidewalk. Patrons of the 7-Eleven convenience store adjacent to the site frequently trespass through the property. The proposed fence, pedestrian gate and call box will limit access to residents only. . The proposed wrought iron fence is consistent with the intent of the zoning code in that the post spacing would afford substantially unobstructed view of the property. . The four (4) feet landscape buffer will improve the aesthetics of the wrought iron fence and provide sufficient space for pedestrians using the public sidewalk. ]4 20 22 24 26 2? 28 Resolution No. 3627 Page 2 D. That any variance granted shall be subject to such conditions as will assure that the setback reduction thereby 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 in that: o The granting of this Variance would not constitute because there are other residential uses in the vicinity that have added security fences and gates to minimize trespassing and vandalism. Eo That this project involves the construction of minor a modification to an existing apartment complex and is, therefore, categorically exempt (Class 1) from the requirements of the Califomia Environmental Quality Act, (CEQA) pursuant to Section 15301 of the State CEQA Guideline. II. The Planning Commission hereby approves Variance 98-004 to allow installation of a six (6) foot high wrought iron fence within the front yard setback four (4) feet from the front property line for the property located at 1666.1 McFadden Avenue, 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 9th day of November, 1998. E'EIZABETH-A. BINSA-CI~ Planning Commission Secretary EE§LIE A. PO',N'TIOUS ' Chairperson STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ELIZABETH A. BINSACK, the undersigned, hereby certi~ that I am the Secretary of the Planning Commission of the City of Tustin, Califomia; that Resolution No. 3627 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the II ~ of November, 1998. ELIZABETH A. BINSACK Planning Commission Secretary (1) (1) (1) (1) GENERAL EXHIBIT A- RESOLUTION 3627 CONDITIONS OF APPROVAL VARIANCE 98-804 16661 MCFADDEN AVENUE 1.1 1.2 The proposed project shall substantially conform with the submitted plans for the project date stamped November 9, 1998, 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. 1.3 Variance approval shall become null and void unless building permits are issued within twelve (12) months of the date of this Exhibit. 1,4 Approval of Variance 98-004 is contingent upon the property owner signing and returning an "Agreement to Conditions Imposed" form as established by the Community Development Department. (1) 1.5 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. 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 approval of this project. PLAN SUBMI'i-I'AL The fence shall be located a minimum of four (4) feet from the property line along McFadden Avenue. A landscaping buffer shall be provided in the four (4) foot setback between the sidewalk and fence to screen the fence and improve aesthetics of the property. SOURCE CODES (2) (3) (4) STANDARD CONDITION CEQA MITIGATION UNIFORM BUILDING CODE/S DESIGN REVIEW EXCEPTIONS (5) (6) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY Exhibit A Resolution No. 3627 VAR 98-004 Page 2 (6) 2.2 A landscaping plan shall be submitted subject to approval by the Community Development Department. The plan shall depict a variety of plant material at varying heights, but not limited to trees, shrubs and groundcover to soften appearance and add visual interest to the wrought iron fence. At a minimum, five (5) 15 gallon size trees and five-(5) gallon shrubs at five feet on center shall be provided for the four foot area between the fence and sidewalk. The four (4) foot landscaped buffer shall be maintained in a healthy condition free of weeds and debris. The existing vehicular gate shall be painted to match the new wrought iron fence. The property owner shall be responsible for the daily maintenance and up- keep of the subject fence and pedestrian gates, including but not limited to, painting, graffiti removal and maintenance of the improvements to ensure that the facilities are maintained in a neat and'attractive manner. Failure to maintain said structures and adjacent facilities will be grounds for City enforcement of its Property Maintenance Ordinance, including nuisance abatement procedures. BUILDING DEPARTMENT (1) 3.1 (1) 3.2 Fencing shall comply with Chapter 10 of the Uniform Building Code (UBC) for egress requirements, which may require special gate hardware. The requirements shall be noted accordingly on the plans. Proposed fence openings cannot be used as a complying pool barrier. POLICE DEPARTMENT The gate interior handles shall be maintained as a "free out" type. The gate and adjacent fencing shall be "screened" to prevent access by reaching through the fence. Exhibit A Resolution No. 3627 VAR 98-004 Page 3 5) 4.2 Two Knox boxes shall be installed adjacent to the two proposed pedestrian gates and keys shall be kept inside for Police and Fire Department personnel. FEES (1) 5.1 5.2 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. 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.