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HomeMy WebLinkAboutPC RES 3453RESOLUTION NO. 3453 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING VARIANCE 96-004 TO CONSTRUCT A 10 FOOT HIGH WALL/FENCE AND SECURITY GATES AT THE SIDE OF .AN EXISTING INDUSTRIAL BUILDING. 7 The Planning Commission of the City of Tustin does hereby resolve as follows: 8 9 I. The Planning Commission finds and determines as follows: 10 12 13 a. That a proper application, for Variance 96-004 has been filed by Insignia*O'Donnell requesting the construction of. a 10 foot high wall/fence and security' gates at the side of an existing industrial building located at 1150 Valencia Avenue. 14 15 16 B o That a public hearing was duly called, noticed and held for said item by the Planning Commission on June 24, 1996. 17 18 19 20 C , 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. 21 22 23 24 25 26 There are .special circumstances, with respect to the location, shape and surroundings of the project site creating the need for a higher level of safety and security than other industrial uses in the vicinity. The project site is located on a lot that is approximately ten (10) acre in size. Del Amo Avenue intersects into half of the lot, ending in a cul-de-sac, and is the only access to the entire industrial lot. This setting creates a higher risk of' theft and vandalism to the 'industrial business located on that property. 27 28 Resolution No. 3453 Page 2 m o That any Variance granted shall be subject to such conditions as will assure that the adjustment 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. The granting of this Variance would not constitute a special privilege because there are other industrial business in the vicinity that have added security fences and gates to alleviate theft and vandalism. 8 E. 10 !1 That this project involves the construction of a minor structure accessory to an existing industrial facility and is, therefore, categorically exempt (Class 11) from the requirements of the California Environmental Quality Act, (CEQA) pursuant to Section 15311 of the State CEQA Guideline. II. The Planning Commission hereby approves Variance 96-004 12 for the construction of a 10 foot high wall/fence and security gates at the side of an existing industrial 13 building located at 1150 Valencia Avenue, subject to the conditions contained in Exhibit A attached hereto. 14 .PASSED AND ADOPTED at a regular meeting of the Tustin Planning 15 Commission, held on the 24th day of June, 1996. 16 17 18 Cha i rwo~n 20 REYES ~ Secretary 21 STATE OF CALIFORNIA ) 22 COUNTY OF ORANGE ) CITY OF TUSTIN ) 23 I, BARBARA REYES the undersigned, hereby certify that I am the 24 Recording Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3453 was duly passed 25 and adopted at a regular meeting of the Tustin Planning Commission, held on the 24th day of June, 1996. 26 27 28 S ng Secretary EXHIBIT A CONDITIONS OF APPROVAL VARIANCE 96-004 1150 VALENCIA AVENUE GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped June 24, 1996 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) 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 Any public improvements damaged by the applicant adjacent to this project shall be repaired and/or replaced by the applicant as determined by the Engineering Division and shall include but not be limited to curb, gutter, street paving and drive apron. (1) 1.6 The applicant shall hold and defend the City of Tustin harmless from all claims and liabilities arising out of the City's approval of entitlements for this project. SOURCE CODES (1) STANDARD CONDITIONS (2) PLANNING COMMISSION POLICY (3) MUNICIPAL CODE (4) UNIFORM BUILDING CODE (5) RESPONSIBLE AGENCY REQUIREMENT Exhibit A Variance 96-004 Page 2 BUILDING DIVISION (3) 2.1 A building permit is required for construction of the wrought iron/block wall, as well as the wrought iron fence. (3) 2.2 Structural calculations or compliance with City of Tustin standards will be required. ORANGE COUNTY FIRE AUTHORITY (5) 3.1 Indicate on the plans the type of locking devices to be used on gate. Locking devices shall be "Knox" padlocks or other Fire Authority-approved method of locking gate. (5) 3.2 The enclosed area created by the proposed wall, fencing and gate shall meet all exiting requirements. The new wrought iron gate is part of the exiting system and shall meet all door hardware/swing requirements. If the above cannot be provided, then a safe dispersal area shall be provided for occupants. FEES (1) 4.1 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) 4.2 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.