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Home My WebLink AboutPC RES 352310 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 3523 'A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING VARIANCE 97-001 AND DESIGN REVIEW 97-013 TO CONSTRUCT WROUGHT IRON SECURITY FENCING AT A MAXIMUM HEIGHT OF FOURTEEN (14) FEET ALONG THE SOUTH AND WEST PROPERTY LINES AT AN EXISTING APARTMENT COMPLEX AT 15481 WILLIAMS · STREET. The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: no That proper applications, for Variance 97-001 and Design Review 97-013 have been filed by Greenwood and Sons requesting the installation of up to a fourteen (14) foot high wrought iron fencing along the south and west property lines on top of existing carports, accessory structures, and fencing at an existing apartment complex located at 15481 Williams Street. B o That a public hearing was duly called, noticed and held for said item by the Planning Commission on June 9, 1997. C. That because of special circumstances applicable to the .subject property, includihg 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 in that: I . Location and Surroundings The project site is located adjacent to an Orange County Flood Control District flood control channel which is accessed by teenagers and adults who disturb'.residents, vandalize public and private property, and require ~epeated response by the Police Department. Given the proximity to the flood control channel, there is a need for in6reased fencing height to prevent easy entry to and from the Monterey Pines Apartments property. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 Resolution No. 3523 Page 2 D o '2. E o Topography The project site is constructed at a lower grade than the Orange County Flood Control District channel Flood Control District flood control channel and, thereforel is easily accessed by teenagers and adults who disturb' residents. Given the topography of the site, there is a need for increased fence height to prevent easy entry to and from the Monterey Pines Apartments property. That any Variance granted shall be subject to such conditions as will assure that the fence installation 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: i · The granting of this Variance would no~ constitute a special privilege because there are other residential uses in the vicinity that have .added security fences and gates to minimize theft and vandalism. That this project involves the construction of a minor structure accessory to existing residential structures and is, therefore, categorically exempt (Class 1) from the requirements .of the California Environmental Quality Act, (CEQA) pursuant to Section 15301 of the State CEQA Guideline. II. The Planning Commission hereby approves Variance 97-001 and Design Review 97-013 for the installation of up to a maximum of 14 foot high wrought iron.security fencing with angled spikes along the rear and side property lines on top of existing carports, accessory structures, and fencing at a residential property at 15481 Williams 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 9th day of June, 1997. · ,.- LOU BONE Chairman BARBARA REYES ' C Recor'ding Secretary 12 13 14 15 16 17 18 19 2O 21 .22 23 24 25 26 27 28 Resolution No. 3523 Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, BARBARA REYES the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission of the City of Tustin, California; that Resolution' No. 3523 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 9th day' of June, 1997. 11 EXHIBIT A CONDITIONS OF APPROVAL VARIANCE 97-001/DESIGN REVIEW 97-013 15481 WILLIAMS STREET GENERAL (1) 1.1 The proposed project shall Substantially conform with the submitted' plans for the 'project date stamped June 9, 1997, 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 modification to plans during plan check if such modifications are to be consistent with provisions of the Tustin City Code. · 1.2 Variance approval shall become null and void unless building permits are issued within twelve (12) months of the date of this Exhibit. (1) 1.3 The' applicant shall sign and return an .Agreement to Conditions Imposed form 'prior to the issuance of any permits. (1) 1.4 Ail conditions in this Exhibit shall be complied with prior to the issuance of any building permits for this project, subject to review and approval of plans 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 approval.of this project. BUILDING DIVISION (3) 2.1 A building permit is required for installation of the wrought iron fence. (3) 2.2 Plans, specifications, and structural calculations will be required prior to issuance of a building permit. SOURCE CODES (1) STANDARD CONDITIONS (2) PLANNING COMMISSION POLICY (3) MUNICIPAL CODE (4) UNIFORM BUILDING CODE (5) RESPONSIBLE AGENCY REQUIREMENT Exhibit A Resolution 3523 Page 2 FEES (1) 3.1 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 t~me of payment and are subject to change. (1) 3.2 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 $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.