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RESOLUTION NO. 3011
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, APPROVING VARIANCE 92-002 TO
VARY FROM TUSTIN CITY CODE SECTION 927 li (1) (a)
TO ALLOW a NINE (9) FOOT, SIX (6) INCH
CONCRETE BLOCK WALL TO EXCEED THE MAXIMUM
HEIGHT OF SIX (6) FEET, EIGHT (8) INCHES TO
THE REAR OF THE REAR OF THE FRONT YARD SETBACK
LINE; AND TO APPROVE CONDITIONAL USE PERMIT
92-002 TO ALLOW A CONCRETE BLOCK WALL TO
EXCEED THE MAXIMUM HEIGHT OF SiX (6) FEET,
EIGHT (8) INCHES WITHIN THE REAR HALF OF A LOT
AS PER TUSTIN CITY CODE SECTION 9271i(1) (d)
FOR THE PROPERTY LOCATED AT 1702 NISSON ROAD
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, Variance 92-002 and
Conditional Use Permit (CUP) 92-002 has been
filed by Doris Maxwell, to request a variance
from Tustin City Code Section 9271i(1) (a) to
allow a concrete block wall to exceed the
maximum height of six (6) feet, eight (8)
inches to the rear of the front yard setback
line; and to allow a concrete block wall to
exceed the maximum height of six (6) feet,
eight (8) inches within the rear half of a lot
as per Tustin City Code Section 9271i(1) (d)
for the property located at 1702 Nisson Road
and described as Assessor's Parcel No. 500-
401-03.
Be
That a public hearing was duly called, noticed
and held for said application on March 9,
1992.
Ce
That the Planning Commission has reviewed the
request for a variance and conditional use
permit for the property located at 1702 Nisson
Road and has made the following findings:
i ·
There are unusual or exceptional
circumstances applicable to the property
including size, shape, topography,
location or surroundings which do not
apply to other properties in the
vicinity. There are no residential units
surrounding the swimming pool on the
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Resolution No. 3011
Page 2
De
property to provide a buffer from Nisson
Road. Furthermore, the driveway to an
apartment complex is adjacent to the
swimming pool, causing all automobile and
pedestrian traffic to pass by the
unbuffered swimming pool.
·
Granting a variance to exceed the maximum
height of six (6) feet, eight (8) inches
for a concrete block wall will not convey
a special privilege to the property owner
which is not enjoyed by other property
owners in the vicinity. Other properties
with swimming pools have residential
units to buffer the swimming pool. This
property has no residential units to
buffer the swimming pool. Increasing the
height of the concrete block wall to nine
(9) feet, six (6) inches will enhance
security for the swimming pool on the
subject property.
·
The granting of the conditional use
permit will not be detrimental to the
health, safety, morals, comfort and
general welfare of the persons residing
in the neighborhood. The increased
height will enhance the security of the
pool facility and deter trespassers from
climbing over the wall. It may also
decrease noise and pollution caused by
Nisson Road and the I-5 (Santa Ana)
freeway. Sufficient landscaping shall be
provided to inhibit possible vandalism to
the concrete block wall.
As conditioned, the granting of the
conditional use permit will not be
detrimental to adjacent and surrounding
properties. The design of the concrete
block wall is compatible with the
surrounding built environment in that the
materials are durable and are used in the
surrounding neighborhood.
This project is Categorically Exempt from the
requirements of the California Environmental
Quality Act, pursuant to Section 15301 (Class
1).
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Resolution No. 3011
Page 3
II. The Planning Commission hereby approves Variance
92-002 and Conditional Use Permit 92-002 to allow
the concrete block wall to exceed the maximum
height of six (6) feet, eight (8) inches to the
rear of the front yard setback line; and to be
constructed to nine (9) feet, six (6) inches in
height; and to allow a concrete block wall to
exceed the maximum height of six (6) feet, eight
(8) inches within the rear half of a lot and to be
constructed to nine (9) feet, six (6) inches in
height for the property located at 1702 Nisson
Road, subject to the conditions contained in
Exhibit A attached and incorporated herein by
reference.
PASSED AND ADOPTED at a regular meeting of the Tustin
Planning Commission, held on the 9th.day of March, 1992.
--
,(~LD~I~'~ .. ~-~ER ~
../ Chairman
KATHLEEN CLANCY
Secretary
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
~, KATHLEEN CLANCY, the undersigned, hereby certify that
I am the Recording Secretary of the Planning Commission
of the City of Tustin, California; that Resolution No.
3011 was duly passed and adopted at a regular meeting of
the Tustin Planning Commission, held on the 9th day of
March, 1992.
KATHLEEN CLANCY
Recording Secretary
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EXHIBIT A
CONDITIONS OF APPROVAL
RESOLUTION NO. 3011
VARIANCE 92-002, CUP 92-002
A. GENERAL
(1) 1.1 The proposed project shall substantially conform with the
submitted plans for the project date stamped March 9,
1992 on file with the Community Development Department,
as herein modified, or as modified by the Director of
Community Development Department in accordance with this
Exhibit.
(1) 1.2 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) 1.3 Variance 92-002 and CUP 92-002 approval shall become null
and void unless all building permits are issued within
twelve (12) months of the date of this Exhibit.
(4) 1.4 Any public improvements damaged by the applicant adjacent
to this property shall be repaired and/or replaced as
determined by the Engineering Division and shall include,
but not be limited to, curb and gutter, street paving and
drive apron.
(2) 1.5 Ail construction shall be in accordance with the 1988
Uniform Building Code (UBC), applicable City Codes and
the City's Security Code, including location of
handicapped stalls and access requirements.
(1) 1.7 Approval of Variance 92-002 and CUP 92-002 is contingent
upon the applicant signing and returning an "Agreement to
Conditions Imposed" form, as established by the Director
of Community Development.
(4) i.$ No modifications tc signs or structures, other than the
subject concrete block wall, are approved with this
application. Modifications to existing signs or
structures require design review approval and sign or
building permits.
SOURCE CODES
(1) STANDARD CONDITION (4) RESPONSIBLE AGENCY REQUIREMENT
(2) UNIFORM BUILDING CODE/S (5) LANDSCAPING GUIDELINES
(3) DESIGN REVIEW (6) PC/CC POLICY
*** EXCEPTION (7) TUSTIN CITY CODE
Exhibit A - Conditions of Approval
Variance 92-0-2, CUP 92-002
Resolution No. 3011
Page 2
B. SITE CONDITIONS
(4) 2.1 Applicant shall provide landscaping adjacent to the
proposed concrete block wall in a planting area of
approximately three (3) feet in width. Planting material
shall consist of shrubs, or a combination of vines and
trees, subject to the review and approval of the
Community Development Department.
(4) 2.2 Applicant shall provide tree wells at forty (40) feet on
center per City Standard No. 104. A separate site
improvement plan shall be submitted to the Public Works
Department subject to the review and approval of the City
Engineer.
(4) 2.3 Submit at plan check complete detailed landscaping and
irrigation plans for all landscaping areas consistent
with adopted City of Tustin Landscape and Irrigation
Submittal Regulations.
(5) 2.4 Ail newly planted trees must be staked according to City
Standards.
(5) 2.5 Shrubs shall be a minimum of five (5) gallon size and
shall be spaced a minimum of five (5) feet on center.
(5) 2.6 Ail plant material shall be installed in a healthy
vigorous condition typical to the species.
(5) 2.7 Landscaping shall be enclosed by minimum six (6) inch
high concrete curbs.
(5) 2.8 Select and locate plant materials to promote water and
energy conservation.
(5) 2.9 Ail landscaping areas shall be adequately maintained.
This will include but not be limited to: trimming,
mowing, weeding removal of litter, fertilizing, regular
watering, and replacement of diseased or dead plants.
(5) 2.10 Ail landscaped areas shall be provided with a permanent
and adequate means of irrigation which is adequately
maintained.
(5) 2.11 Backflow preventions shall be provided including
screening for backflow units.
Exhibit A - Conditions of Approval
Variance 92-0-2, CUP 92-002
Resolution No. 3011
Page 3
(5) 2.12 Enclose all irrigation controllers in lockable housing.
(5) 2.13 Design irrigation system to provide sufficient coverage
avoiding water overspray on buildings and sidewalks.
2.14 Prior to issuance of building permits, the applicant will
be required to post a bond in the amount of the required
landscape and irrigation improvements in an amount to be
determined by the Community Development Director.
C. FIRE DEPARTMENT
(5) 3.1 Ail Fire Department requirements related to access and
hydrant locations shall be reviewed and approved by the
Fire Chief.
De
PLAN SUBMITTAL
4.1 At plan check, submit three (3) sets of construction
plans. Requirements of the Uniform Building Code shall
be complied with as approved by the Building Official.
No field changes shall be made without corrections
submitted to and approved by the Community Development
Department.
(4) 4.2 Structural information and details on the relationship of
the proposed concrete block wall to the existing stucco
structure and the entrance door shall be submitted to the
Community Development Department for approval of the
City's Plan Checker. The subject concrete block wall
shall be painted to match the concrete block wall,
subject to the review and approval of the Community
Development Director.
E .
4.3 Applicant shall provide details and information to ensure
compliance of the requirements of the City's Security
Ordinance including required security lighting for the
adjacent on-site parking lot.
FEES
5.1 Payment of all building plan check and permit fees shall
be made prior to issuance of any building permits in
accordance with the Tustin City Code.
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