The URL can be used to link to this page

Home My WebLink AboutPC RES 3369 6 7 9 10 11 12 15 14 15 16 · ~7 18 19 20 2-3 26 27 28 RESOLUTION NO. 3369 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING VARIANCE 95-007 TO EXCEED THE MAXIMUM PERMITTED HEIGHT OF A WROUGHT IRON SECURITY FENCE WITHIN THE FRONT YARD SETBACK FROM THREE FEET TO SIX FEET EIGHT INCHES (6'- 8") FOR AN EXISTING APARTMENT COMPLEX LOCATED AT 15742 WILLIAMS STREET The Planning Commission of the City of Tustin does hereby resolve as follows: I · The Planning Commission finds and determines as follows: ae That a proper application, Variance 95-007, has been filed by Valencia Gardens Inc. to request a Variance from Tustin city Code Section 9271i(1) (a) to allow a six foot eight inch (6'-8") wrought iron fence at the existing apartment complex located at 15742 Williams Street. B · That the Planning Commission has found that the Variance 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: Granting the Variance request to erect a fence higher than three feet (3') within the front yard setback will not permit special privileges to the property owner that are inconsistent with the limitations upon other properties in the vicinity. Security is a common problem in the area and requests for height increases above six feet, eight inches (6'-8") are reasonable. 1 4 ,5 11 15 14 15 17 19 Resolution No. 3369 July 10, 1995 Page 2 LOCATION HEIGHT /VARIANCE/APPROVED 15742 Williams 6'-8" 95-007 15401 Williams 8 FT 94-013 15610 Tust. Vil.Way 8 FT 94-008 17212 Nisson Road 7'%" 91-020 Pending 10/94 (ZA) 7/94 (ZA) 1/92 (PC) · The property is located within the boundaries identified as the CIPP area where an increase in crime and vandalism has been noted. The requested increase in fence height may discourage trespassers and burglars from gaining entry onto private property. Additionally, the requested height increase is consistent with types of security efforts being pursued by surrounding property owners to protect their tenants. Over the past several years the Planning Commission and Zoning Administrator have approved similar Variances to improve security opportunities in the CIPP area. C. This project has been determined to be Categorically Exempt pursuant to Section 15303 (Class 3) of the California Environmental Quality Act. II. The Planning Commission hereby approves Variance 95-007 to vary from Tustin City Code Section 9271i(1)(a) to allow a si>: foot eight inch (6'-8") wrought iron fence within the front yard setback along Williams and McFadden Streets located at 15742 Williams Street, subject to the conditions contained in Exhibit A attached hereto. PASSED AND ADOPTED at a regular meeting of the Planning Commission held on the 10th day of July, 1995. Chairperson Recording Secretary ] 5 7 $ 9 :10 :11 :[5 :17 ]8 ]9 27 Resolution No. 3369 July 10, 1995 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. 3369 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 10th day of July, 1995. BARBARA REYES ~ Recording Secretary EXHIBIT A CONDITIONS OF APPROVAL VARIANCE 95-007 RESOLUTION NO. 3369 JULY 10, 1995 GENERAL (1) 1.~ The proposed project shall substantially conform with the project as approved by the Planning Commission on July 10, 1995, on file with the Community Development Department as herein modified or as modified by the Director of Community Development in accordance with this Exhibit. The Community Development Department Director may make minor modifications to the project if such modifications are consistent with applicable Code provisions. (1) ~.2 The applicant shall sign and return an Agreement to Conditions Imposed form within two weeks of Planning Commission approval of the subject request. (1) 1.3 The applicant and property owner shall hold harmless and defend the City of Tustin for all claims and liabilities arising out of the city's approval of the entitlement process for this project. PLAN SUBMITTAL (4) 2.~ Ail fence treatments must be coordinated with the building materials and colors on-site as noted on the submitted construction plans and elevations. Ail colors and materials are subject to review and approval by the Community Development Department. (5) 2.2 At the time cf building permit application, ~he plans shall comply with the !99i Uniform Building Code, other related Codes, City Ordinances, and State and Federal laws and regulations. (!) 2.3 Specifications at Building Permit plan check submittal shall reflect material call-outs on all elevations with applicable details and notes added. SOURCE CODES (!) STA1TDARD COS~ITION (3) UI~IFORM BUILDING CODE/S (5) RESPONSIBLE AGENCY (7) PC/CC POLICY *** EXCEPTION (2) CEQA MITIGATION (4) DESIGN REVIEW (6) LANDSCAPING GUIDELINES Exhibit A - Conditions of Approval Resolution No. 3369 July 10, 1995 Page 2 (1) Z.4 At plan check, submit three (3) sets of construction plans, two (2) sets of structural calculations and Title 24 energy calculations prepared by a licensed engineer/architect. No field changes shall be made without corrections submitted to and approved by the Community Development Department. ~EES (1) 3.1 Prior to the issuance of building permits, payment shall be made of all applicable fees including but not limited to building plan check and permit fees to the Community Development Department based upon those rates in effect at the time of payment and are subject to change. (1) 3.2 Within 48 hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashiers check payable to the COUNTY CLERK, in the amount of $25.00 (twenty five dollars) pursuant to AB 3185, Chapter 1706, Statutes of 1990, to enable the city to file the appropriate environmental determination required under Public Resources Code Section 21151 and 14 Cal. Code of Regulations 15094. If within such forty-eight (48) hour period that 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. In addition, should the Department of Fish and Game reject the Certificate of Fee Exemption filed with the Notice of Determination and require pa}~ent of fees, the applicant shall deliver to the Community Development Department, within forty-eight (48) hours of notification, a cashier's check payable to the CO~TY CLERK in the amoun~ of $850 (eicht hundred fifty dollars) pursuant to AB 3158, Chapter 1706, Statutes of 1990. If this fee is imposed, the subject project shall not be operative, vested or final unless and until the fee is paid.