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RESOLUTION NO. 2994
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, APPROVING VARIANCE 91-20 TO
VARY FROM TUSTIN CITY CODE SECTION 9271i(1) (a)
AND (b) TO ALLOW A 7'-6" FENCE TO BE LOCATED
WITHIN THE 20-FOOT FRONT YARD SETBACK, AND TO
ALLOW THE FENCE TO EXCEED THE MAXIMUM HEIGHT
OF 6'-8"; AND TO APPROVE CONDITIONAL USE
PERMIT 91-31 TO ALLOW A FENCE TO EXCEED THE
MAXIMUM HEIGHT OF 6'-8" WITHIN THE REAR HALF
OF A LOT AS PER TUSTIN CITY CODE SECTION
9271i(1) (d) FOR THE PROPERTY LOCATED AT 17212-
17282 NISSON ROAD
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 91-20 and
CUP 91-31 has been filed by George Randell, to
request a variance from Tustin City Code
Section 9271i(1) (a) and (b) to allow a 7'-6"
fence to be located within the 20-foot front
yard setback, and to allow the fence to exceed
the maximum height of 6'-8"; and to allow a
fence to exceed the maximum height of 6'-8"
within the rear half of a lot as per Tustin
City Code Section 9271i(1) (d) for the property
located at 17212-17282 Nisson Road.
Be
That a public hearing was duly called, noticed
and held for said application on January 13,
1992.
C®
That the Planning Commission has reviewed the
request for a variance and conditional use
permit for the property located at 17212-17282
Nisson Road and has made the following
findings:
·
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. Sixty-eight thousand, seven
hundred and fifty-six-square feet of
property was acquired from the parcel by
Caltrans, substantially trimming the
frontage on Nisson Road in order to
prepare for freeway widening. The
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Resolution No. 2994
Page 2
remaining improvements on the property
have not been changed, but the site has
been substantially altered by the
acquisition, necessitating a fence to be
placed within the front yard setback.
·
Granting the variance will not convey a
special privilege to the property owner
which is not enjoyed by other property
owners in the vicinity. This is one of
the few freeway properties that was
impacted by the Caltrans acquisition
which cannot be reconfigured to meet
current development standards, given the
existing.improvements.
·
Granting a variance to exceed the maximum
height of 6'-8" for a fence will not
convey a special privilege to the
property owner which is not enjoyed by
other property owners in the vicinity.
Increasing the height of the fence to 7'-
6" will enhance security for the
condominium project and surrounding
properties.
·
The granting of the conditional use
permit will not be detrimental to the
health, safety, morals and general
welfare of the persons residing in the
neighborhood. The increased height will
enhance the security of a pool and spa
facility and deter pedestrians from
climbing over the wall.
.
The granting of the conditional use
permit will not be detrimental to
adjacent and surrounding properties. The
design of the fence is compatible with
the surrounding neighborhood.
D ·
This project is Categorically Exempt from the
requirements of the California Env:ronmental
Quality Act, pursuant to Section 15311 (Class
ii).
II. The Planning Commission hereby approves Variance
91-20 and Conditional Use Permit 91-31 to authorize
the request for variance from Tustin City Code
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Resolution No. 2974
Page 3
Section 9271i(1) (a) and (b) to allow a 7'-6" fence
to be located within the 20-foot front yard
setback, and to allow the fence to exceed the
maximum height of 6'-8"; and to allow a fence to
exceed the maximum height of 6'-8" within the rear
half of a lot as per Tustin City Code Section
9271i(1) (d) for the property located at 17212-17282
Nisson Road.
PASSED AND ADOPTED at a regular meeting of the Tustin
Planning Commission, held on the 13th day of January,
1992.
~SEN L.v
~/Chairman
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, 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.
2994 was duly passed and adopted at a regular meeting of
the Tustin Planning Commission, held on the 13th day of
January, 1992.
KATHLEEN CLANCY
Recording Secretary
BCS:nm
EXHIBIT A
CONDITIONS OF APPROVAL
RESOLUTION NO. 2994
VARIANCE 91-20, CUP 91-31
{1)
{1)
{1)
(4)
(2)
(~.)
(4)
A,
GENERAL
1.1 The proposed project shall substantially conform
with the submitted plans for the project date
stamped January 13, 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.
1.2 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.
1.3 Variance 91-20 and CUP 91-31 approval shall become
null and void unless all building permits are
issued within eighteen (18) months of the date of
this Exhibit.
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.
1.5 Ail construction shall be in accordance with the
1988 UBC, applicable City Codes and the City's
Security Code, including location of handicapped
stalls and access requirements.
1.6 Approval of Variance 91-20 and CUP 91-31 is
contingent upon the applicant signing and returning
an "Agreement to Conditions Imposed" form, as
established by the Director of Community
Developmens.
1.8 Ail applicable conditions of approval of Design
Review 91-25, as approved by the Community
Redevelopment Agency in Resolution No. RDA 91-16
shall be satisfied.
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 91-20, CUP 91-31
Resolution No. 2994
Page 2
(4)
(4)
Be
SITE CONDITIONS
2.1 The fence located in the front yard setback between
the two driveways shall be parallel to the interior
curb of the new driveway. The concrete block pier
at the east entry driveway shall be set back at
least ten feet from the property line and the
concrete block pier at the west entry driveway
shall be set back at least 20 feet from the
property line.
2.2 The concrete block walls to be located near the
east and west property lines and parallel to the
entry driveways.shall not be constructed within 20
feet of the front property line.
(2)
Ce
PLAN SUBMITTAL
3.1 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.
De
FEES
4.1 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.
BCS:nm