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HomeMy WebLinkAbout02 DR 2018-00007 1461 GARLAND AVENUE 1 AGENDA REPORT ITEM 42 MEETING DATE: MAY 8, 2018 TO: PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: DESIGN REVIEW 2018-00007 APPLICANT/ CHRISTINE COURSEN PROPERTY P.O. BOX 4087 OWNER: TUSTIN, CA 92781 LOCATION: 1461 GARLAND AVE. GENERAL PLAN: LOW DENSITY RESIDENTIAL (LDR) ZONING: SINGLE FAMILY RESIDENTIAL (R1) ENVIRONMENTAL: THIS PROJECT IS NOT SUBJECT TO CEQA PURSUANT TO SECTION 15270 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. REQUEST: A REQUEST TO STORE A RECREATIONAL VEHICLE ON THE EXISTING RESIDENTIAL DRIVEWAY IN FRONT OF THE ATTACHED GARAGE AND INSTALL A VINYL GATE ACROSS THE DRIVEWAY TO SCREEN THE RECREATIONAL VEHICLE FROM PUBLIC VIEW. r IN 4 PC Report May 8, 2018 DR-2018-00007 Page 2 RECOMMENDATION: That the Planning Commission adopt Resolution No. 4364 denying Design Review (DR) 2018-00007 to authorize storage of a recreational vehicle (RV) within the required backup area for an existing two-car garage and installation of a vinyl gate across the existing driveway to screen a recreational vehicle stored in front of the garage from public view, on a property located at 1461 Garland Avenue. APPROVAL AUTHORITY: Section 9272b of the Tustin City Code (TCC) gives the Community Development Director the authority to review and approve design review applications. TCC Section 9299b allows the Community Development Director to forward a project to the Planning Commission for consideration. DISCUSSION: Background On November 6, 2017, Code Enforcement staff issued a Notice of Violation (NOV) for the storage of a recreational vehicle on the residential property and in public view. The property owner, in response to the November NOV, installed a portable vinyl fence to screen the RV(See Figure 4). On February 15, 2018, a Final NOV was issued to the property owner regarding storage of a recreational vehicle and unauthorized portable vinyl fence. The property owner was instructed to abate the violation by removing the recreational vehicle and portable -fence from the property. Temporary or portable fences are not secured to the ground and can be detrimental to health and safety. ---The property owner wished to contest this determination by proposing a permanent gate to screen the RV and indicated that there is adequate area in front of the garage to allow cars to access the garage. The subject project -was noticed and scheduled to be considered by the Planning Commission at the April 24, 2018, meeting. For scheduling and timing reasons, the applicant requested to continue the item to the May 8, 2018, meeting (Attachment E). Site and Location The subject property is comprised of a 1,471 square-foot single family residence with an attached 441 square-foot garage and located on a 7,200 square-foot lot within the Single Family Residential (R1) zoning district. The residence was built around 1965 and annexed into the City in 1987. PC Report May 8, 2018 DR-2018-00007 Page 3 or I � � • J N r +w • r Figure 1 —Vicinity Map Uses surrounding the subject property are single family residential to the southeast, southwest and northwest, and office uses to the northeast. Application The applicant submitted three (3) proposed gate configurations, which are essentially the same (Attachment D). The proposed gate configuration would have two (2) swing-out panels that are twelve (12) feet wide for vehicles, and one (1 ) panel approximately three (3) and one-half feet wide as a pedestrian gate (Figures 2 and 3). The property owner indicated that her preferred configuration is the version with the pedestrian gate adjacent to the garage, shown in Figure 2. On April 20, 2018, the applicant submitted an additional statement regarding parking the RV in front of the house. This statement is found in Attachment F. PC Report May 8, 2018 DR-2018-00007 Page 4 Garland Ave. lmEWAtE •iurwitt i i i i gWEWAI 2OFrX305FT rpm 22 Ft GATE :UF GATE rPOST 2•POST 3TGATE _____'.___------,.___-,_____ 2.5 FTFEH[E Sm EWAII WIIWEW AY GARAGE 295FFXJ SFT _---,-------.---, Figure 2—Submitted Site Plan ANALYSIS: TCC Section 9266c2. states that RV storage is permitted when located outside required building setbacks, on a paved surface, and screened from public view. The required setbacks for the subject property are twenty (20) feet from the front property line, and five (5) feet from the side and rear property lines. The RV is approximately eight (8) by twenty-two (22) feet in dimensions. Figure 3 was created to provide more context, dimensions, and illustration of the proposed gate and RV storage. TCC Section 9262b requires that off-street parking areas and access ways shall be made permanently accessible, available, marked and maintained for the purposes of temporary vehicle parking and access. TCC Section 9271 requires approval of a design review for exterior modifications on private property. PC Report May 8, 2018 DR-2018-00007 Page 5 Garland Avenue 33.5' I 20' IProposed Gate Z'41 I Planter 8'x 22' 20.5" I � P RV .9.15 5. Garage Door Backup IArea I I I I I I I I Property Line I I I I I J Figure 3 - Site Plan with RV Storage and Gate (Not To Scale) The existing garage is a side-loaded garage with the roll-up door facing the side yard instead of the street. This configuration requires twenty-five (25) feet backup distance in front of the garage door to allow vehicles enough room to maneuver out of the garage and onto the street (TCC Section 9267a6). PC Report May 8, 2018 DR-2018-00007 Page 6 The TCC requires a two-car garage for single family homes and the garage must be clear of obstructions that would prevent vehicles from entering, parking and exiting the garage. Staff analyzed the proposal and determined that the RV storage would violate the TCC in that the storage of the RV would encroach into the required backup distance and prohibit access to the garage. Variance Required The proposed RV storage would necessitate a variance due to the proposed deviation from the required backup distance for the garage. Although the property owner has been informed about the need of a variance application, a request for a variance was not submitted. However, if a variance request was submitted, staff would not be in support of the request because the required findings cannot be made. Findings to approve a variance requires that there are special circumstances regarding the property that would justify granting of the variance and would not allow a special privilege to the subject property that other similar properties do not already have. The proposed RV storage and gate would not meet the criteria for granting a variance because of there are no special circumstances applicable to property that would warrant the granting of a variance for following reasons: 1. The lot size is typical of any other lots in the neighborhood. -2. The-lot shape is rectangular (not an irregular shape) and is typical in the neighborhood. 3. The topography_ is generally_ flat and there is no unique slopes or hillside applicable to the property. _ 4.,_The building layout is similar to other houses in the neighborhood. 5.. The situation is- a self imposed hardship (personal circumstances), not a condition particular to the property. Approval-of this.variance would set a precedence for the R1 zoning district because the - - circumstances of the property are common throughout the R1 zone. Design Review The explicit purpose of the proposed gate would be to screen the RV. Since the storing -of the RV -in the proposed location would not be allowed by the TCC, there is no justification to approve the gate. The addition of gates and fencing would also reduce the ability for cars to maneuver in and out of the garage. From a DR perspective, the proposed gate would essentially create a walled-off property where the view of the single-family house is obscured by the gate. Figure 4 shows temporary vinyl fence panels in front of the applicant's RV and illustrates the general appearance of the property if gates were installed on the driveway. PC Report May 8, 2018 DR-2018-00007 Page 7 e W . e , Y AOb AMJW a +a 1{ / 1� Figure 4—Vinyl Fence on Driveway High walls that obscure the view of the house from the street reduce the neighborhood look and feel of being an inviting and engaging area. The proposed gate would not be harmonious with the customary style of improvements in the surrounding area and would impair the quality and desired general appearance of the neighborhood. FINDINGS: In determining whether to deny the DR for a vinyl gate for RV storage screening, the Planning Commission must determine whether it can be found that the location, size, architectural features, and general appearance of the proposal will impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole. A decision to deny this request may be supported by the following findings: 1) That a vinyl gate across the driveway would create a closed-off look to the property and impact the general welfare of the surrounding neighborhood. That single- family properties in the area have low walls or no walls in front of the homes visible from the public street. 2) That temporary and/or portable fencing is not appropriate for this property in that the fence is not safe, has the potential of being blown over by winds, creates an PC Report May 8, 2018 DR-2018-00007 Page 8 undesirable aesthetic and generally detrimental to the health, safety and well-being of a single family neighborhood. 3) That a variance would be required since the proposal includes a deviation from the required back-up distance for a garage and results in prohibiting vehicular access to the garage. 4) That if a variance request were submitted, the request would not qualify for approval of a variance in that the property does not have special circumstances on the subject property that deprive it of privileges enjoyed by other properties in the vicinity and under identical zone classification. That the proposed RV storage and gate would not meet the criteria for grating a variance because of the following reasons: a. The lot size is typical of any other lots in the neighborhood. b. The lot shape is rectangular (not an irregular shape) and is typical in the neighborhood. c. The topography is generally flat and there is no unique slopes or hillside applicable to the property. d. The building layout is similar to other houses in the neighborhood. e. The situation is a self imposed hardship (personal circumstances), not a condition particular to the property. 5) That approval of such a variance would set precedence for the R1 zoning district because the circumstances of the property are common throughout the R1 zone; therefore, the issue becomes no longer a question about a variance, but rethinking the RV storage restriction on a city-wide basis. Should this be a desired outcome, an impact analysis city-wide would be appropriate. 6) That the explicit purpose of the proposed vinyl gate across the residential driveway is to screen RV storage. As proposed, the RV storage is not allowed by the TCC and therefore there is no need for the proposed vinyl gate. ENVIRONMENTAL: This project is Categorically Exempt pursuant to Section 15270(A) of the California Code of Regulations (Guidelines for California Environmental Quality Act). CEQA does not apply to projects which a public agency rejects or disapproves. A4�t� :��2z'&44 Edmelyn e V. Hutter Elizabeth A. Binsack Senior Planner Community Development Director PC Report May 8, 2018 DR-2018-00007 Page 9 Attachments: A. Location Map B. Land Use Fact Sheet C. Copies of Notices of Violation D. Submitted Plans E. Request for Continuance F. Applicant Statement dated April 20, 2018 G. Resolution No. 4364 ATTACHMENT A Location Map 300' LOCATION MAP 1461 GARLAND AVE. v PROJEiCT SITE • �' ala, 4 Q 1V 1000, 000, s 1 ,s �l Y�� 500' LOCATION MAP 1461 GARLAND AVE. 1 PROJECT SITE Ell i ELLE 1T A' o-.\ � ��r ATTACHMENT B Land Use Fact Sheet LAND USE APPLICATION FACT SHEET 1. LAND USE APPLICATION NUMBER(S): DR-2018-00007 2. LOCATION:WEST OF NW CORNER OF RED HILL AVE. &GARLAND AVE. 3. ADDRESS: 1461 GARLAND AVE. 4. APN(S): 103-532-09 5. PREVIOUS APPLICATION RELATING TO THIS PROPERTY: NONE 6. SURROUNDING LAND USES: NORTH: OFFICE SOUTH: RESIDENTIAL EAST: RESIDENTIAL WEST: RESIDENTIAL 7, SURROUNDING ZONING DESIGNATION: NORTH: PROFESSIONAL(Pr) SOUTH: SINGLE-FAMILY RESIDENTIAL(R1) EAST: SINGLE-FAMILY RESIDENTIAL (R1) WEST: SINGLE-FAMILY RESIDENTIAL Ri 8. SURROUNDING GENERAL PLAN DESIGNATION: NORTH: PROFESSIONAL OFFICE SOUTH: LOW DENSITY RESIDENTIAL -- - EAST-:--'LOW-DENSITY-RESIDENTIAL WEST: LOW DENSITY RESIDENTIAL 9. SITE LAND USE: A. EXISTING: RESIDENTIAL B. PROPOSED: RESIDENTIAL WITH RECREATIONAL VEHICLE STORAGE C. GENERAL PLAN: LOW DENSITY RESIDENTIAL PROPOSED GP: NO CHANGE D. ZONING: R1 PROPOSED ZONING: NO CHANGE DEVELOPMENT FACTS: 10. LOT AREA: 7200 SQUARE FEET(EXISTING) 11. PARKING: 2 GARAGE SPACES(EXISTING) ATTACHMENT C Copies of Notices of Violation Comrnun4 Development Department TUSTIN z o HISTORY Sent by first class mail BUILDING OUR FUTURE HONORING OUR PAST November 6, 201.7 Carl and Christine Coursen P.O.'Box 4087 Tustin, CA 92781-408.7 SUBJECT: NOTICE OF VIOLATION/PRE-CITATION NOTICE 1461 GARLAND AVENUE PARCEL# 103-532-09 CASE,#V2017.0331 Dear Mr. and Mrs. Coursen: Recently, City staff observed a motor home being stored Within the front;yard at 1461 Garland Avenue, which violates,the following Tustin City Code(s): Tustin City Code. 9266(c)(2) - Storage, of a recreational vehicle is prohibited, except when located outside of any required front, side, or rear yard setbacks, on paved surface, and when fully screened from view from the public right-of-way and;ad)oinng properties by a wall or fence to a minimum height of six (6) feet and landscaping in a manner approved by the Community Development Director. No habitation is allowed at any time. Tustin City Code 9269— Definitions Recreational Vehicle. A motorized or non-motorized vehicle 'that is intended for human habitation, recreational use, camping and travel use including=but not limited to a motor,home, travel trailer, truck camper, trailer(with or without motive power), all-terrain vehicles, and boats. You are hereby directed to remove the motor home from the property or to store the motor home in compliance with Tustin City Code 9266(c)(2) by no later than Sunday, November 19, 2017. Failure to comply with this notice within the time limit specified above may result in'the issuance of an,administrative citation.pursuant to TCC 1162(a) or further legal action (reference.Exhibit A attached hereto for further information). Any person may appeal any decision. of the 'enforcement officer in accordance with Tustin City Code 9294. If you need further clarification or assistance with this matter, or if you believe that the violations indicated .above may be'. inaccurate, please contact me at (714) 573-3135. 300 Centennial Way,Tustin, CA 92780 P: (714) 573-3100 © F. (714)573-31'1.3 ® www.ustinca.org, 1461 Garland Avenue November 6, 2017 V2017-0331 Page#2 Sinc re , Bract St en Code Enforcement Officer Attachments: Exhibit A—Administrative Citation Information Example diagram of front, side and rear setback areas Tustin City Code 9220 (RI: Single Family Residential District Setbacks) CommuntY Development Department TUSTIN Sent by first class mail February 15, 2018 HMOkY. BUILDING OUR XUTUM HONORING OUR PAST Carl and Christine Coursen P.O. Box 4087 Tustin, CA 92781-4087 SUBJECT: FINAL NOTICE OF VIOLATION— 1461 GARLAND AVENUE PARCEL # 103-532-09 CASE#V2017-0331 Dear Mr. and Mrs. Coursen: On November 6, 2017, you were issued a Notice of Violation for the prohibited storage of a motor home within the front yard, which resulted in an-extension until December 31, 2017, while you explored options with the Planning Division too install'a fence,with a building permit, out of the front yard setback to screen the motor home in accordance with Tustin 'City Code 9266(c)(2). However, to date, the motor home remains stored within the;front yard, only partially screened` from public view, which continues to violate Tustin City Code 9266(c)(2), along with an unpermitted, portable six foot high vinyl fence, which requires a building permit and City approval. pursuant to 2016 California Building-Code (Adopted by Tustin City Code 8100), section 105.1 .and 114. You are hereby directed to remove the unpermitted portable vinyl fence and the motor home from the property by no later than Sunday, February 25: 2018. Failure to comply with this notice will result in the issuance of an administrative citation pursuant to TCC 1162(a) or further legal action (reference Exhibit A attached hereto for further information). Any person may appeal any-decision of the enforcement officer in accordance with Tustin City Code 9294, Should you have any questions, please contact me at(714) 573 -3135. Sincerely, Brteen Cod Enforcement Officer Attachments: Exhibit A—Administrative Citation Information Notice of Violation, dated 1116117 300 Centennial Way, Tustin, CA 92780 0 P: (714) 573-3100 m `I=: (714),573-3 11.3 www.tustinca.org ATTACHMENT D Submitted Plans SIDEWALK V HIGH WALL I E i i r I I I GRASS DRIVEWAY I 20 FT X 30.5 FT I I I I I 1'POST 12 FT GATE 12 FT GATE 1'POST 1'POST 3.5'GATE 2.5 FT FENCE SIDEWALK DRIVEWAY GARAGE 29.5 FT X 30.5 FT - - - - - - - - - - - - - - -- SIDEWALK 1'HIGH WALL I , . I I I I ' 1 I GRASS DRIVEWAY I 20 FT X 30.5 FT I I I I I ' I ' 1'POST 1'POST 12 FT GATE 12 FT GATE 1'POST 3.5'GATE 2.5 FT FENCE SIDEWALK DRIVEWAY GARAGE 29.5 FT X 30.5 FT - - - - - - - - - - - - - - - � SIDEWALK V HIGH WALL I I 1 - I GRASS DRIVEWAY I 20 FT X 30.5 FT I I I I l I I 1'POST 1'POST 24'SLIDING FENCE-WHEN CLOSED I 24'SLIDING FENCE-WHEN OPEN 3.5'GATE 2.5 FT FENCE SIDEWALK DRIVEWAY GARAGE 29.5 FT X 30.5 FT - - - - - - - - - - - - - - -� F°. ki reit-A'.FYi�+rvM �4 46 I s F `.4, y F 71 LL i4 � v �"'g � , � i �_,� X41 ��� ' �'♦ � ' + ♦ ,.s ; - �1 i1 1���� �i I ♦ - i I iii � ♦ 9 "�,1f+;IIj. 'u��lE I111 pill i ' IN ili(�Ijl� I, I s*� sta� �I t -ir !��i� . � t�r<t,l , tlJif » 1 dt AI F ILL a V r4a` p J li�llll ��I .r Ls• ATTACHMENT E Request for Continuance 1 Hutter, Edmelynne From: C Coursen <ccoursen@aol.com> Sent: Monday,April 23, 2018 3:20 PM To: Hutter, Edmelynne Subject: Re: DR-2018-00007; Gate/RV Storage Planning Commission Good afternoon Edmelynne, Thank you. E will be at the meeting on May 8, 2018. Christine Coursen -----Original Message----- From: Nutter, Edmelynne <RHutter(6tustinca.orq> To: ccoursen <ccoursen(aaaol.com> Sent: Mon, Apr 23, 2018 10:23 am Subject: DR-2018-00007; Gate/RV Storage Planning Commission Hello Christine, As we discussed on the phone,the Downtown Commercial Core Specific Plan project is preceding your project on the meeting agenda. It is anticipated that this project will generate many public comments and an involved discussion, which means your project may be discussed very late into the meeting. Per our phone discussion, I'm sending you this e-mail for your confirmation to continue your project to the May 8, 2018, Planning Commission meeting. Please reply to this e-mail confirming the continuance of your project. Regards, Edmelynne V. Hutter I Senior Planner City of Tustin 300 Centennial Way Tustin,CA 9278o T(714)573-3174 F(714)573-3113 ehutter(@tustinca.or,Y ` Please consider the environment before printing this e-mail. 1 ATTACHMENT F Applicant Statement dated April 20, 2018 RECEIVED April 20, 2018 APR 2'0 2016 COMMUNITY DEVELOPMENT 6y1 Edmelynne V Hutter Senior Planner Thank you for the information about the Planning Commission meeting. Per our discussion this morning I have attached a photo of a possible location for parking my motor home. I would prefer to park it along my fence; but with some time and effort it Is possible to park it along the front of my house, leaving full access to my garage. Since I was originally informed that a permit could not be issued to have a'fence installed, l began to build one using umbrella stands with wheels so that it could be moved as needed. 1. It was, and is my understanding that a permit Is not needed for a portable fence because it is not attached to any real property. 2. Since I already have this fence constructed, it is now my wish to obtain a permit to drill holes in my driveway,20 feet from the sidewalk. l then would like to remove the umbrella stands and place the fence posts in these new holes. 3. When the motor home Is being stored, not used for a period of more than one week, I will store it so that there will be 25 feet available in front of my garage door. 4. While it is possible to park my motor home across the rear of my driveway, I would like a variance to park it along the side fence when it is being used on a regular basis. I understand that there will not be 25 feet between it and my garage door. If this is not possible; it is my pian to park the motor home on the street for 72 hours, move it the required distance, and park it for up to another 72 hours. I will park it in my driveway for no more than 48 hours per week for cleaning, loading and unloading. I have purchased a new Sprinter to replace my motor home. My most recent update is that it will be available in !November. This sprinter is a van conversion,with normal windows on all sides,4 captain's chairs and a bench seat, It does not have a bed. 1 understand that 1 will be able to park it in my driveway as long as it is being used as my primary form of transportation. I am a retired widow and plan on traveling more that being at home. However, I could become ill and may need to be at my house for extended periods.Therefore it is necessary to plan for the future as well as for the present. Thank you, Christine L. 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"'� :r':_ •�- r'-i ;e L �-.a•„ 'cv '[ - '`�-y�'r'ei`.r- 'a;F .s -..^^-cTMcrr^,:;u:.:x"::-�.-�i�a�-_ -....s' �,w��x�._�_�Fs• z.v-s�+i s r � i r',.r i ,,, .: ', c [- � a •a•'L�.r� s»���� _�.� ri --`fit Yr f �„r' f-r�'r ra'e-' �:.. `L: rn r..e,m3izG.i,.:...•y;� ',��5 S., -:<,;: .:.:�.�.,...., .k-.e:_ _._�..:_-"�.:-T<..»s..:.-_ :•`_�.rv. 3^""a`' ._.[__.: ......r,.•:w+ice,..,,,.:`',..L From, Sandra Retell{sandyr@rvcne,com> To: C Coursen<ccoursen@aol.com> Subject: Winnebago Era Date: Tue,Apr 17,2018 8:28 am Ht Chris I have Just spoke to Duane, my Winnebago rep on the build time for your new Era. Right now the 4X4 chassis Is on back order. We will belooking at November for a build. Please let me know if you are ok with waiting for the build, Thank you, Sandy Retell Sales Person RV One Superstores, Inc primary Contact Phone#800-641-7723 x.324 Web; RVdlrectcom Visit us on YouTube at RV One Superstores ........ ..... O's Ell; EJ i ............ .... . .. ... .... At, Winnebago Era 70X ATTACHMENT G Planning Commission Resolution No. 4364 RESOLUTION NO. 4364 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, .DENYING DESIGN REVIEW 2018-00007, A REQUEST TO AUTHORIZE THE STORAGE OF A RECREATIONAL VEHICLE WITHIN THE REQUIRED BACKUP AREA OF AN EXISTING TWO-CAR GARAGE AND INSTALL A VINYL GATE ON AN EXISTING RESIDENTIAL DRIVEWAY FOR SCREENING OF RECREATIONAL VEHICLE STORAGE, ON A PROPERTY LOCATED AT 1461 GARLAND AVENUE. The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That on November 6, 2017, a Notice of Violation was issued for the subject property. That on February 15, 2018, a Final Notice of Violation was issued for the subject property regarding recreational vehicle storage and a temporary vinyl fence. B. That a proper application for Design Review 2018-00007 was fled by Christin Coursen, applicant and property owner, to 'request a vinyl gate across the existing residential driveway for recreational vehicle storage, located at 1461 Garland Avenue. C. That the subject property is designated as Single Family Residential (R1) on the City of Tustin Zoning Map. D. That a.public meeting was duly called, noticed, and held for said application on April 24, 2018, by the Planning Commission at which the Planning Commission continued the project to the May 8, 2018, meeting. E. That a public meeting was duly called, noticed and held for said application on May 8, 2018, by the Planning Commission. F. That the existing garage on the subject property requires a backup distance ` of twenty-five (25) feet in front of the' garage door. That .the proposed storage of a recreational would encroach into the required backup distance. That such an encroachment would require a request for a variance from the back-up distance requirement. That such a variance request was not submitted by the applicant. G. That in denying the Design Review for vinyl gate across an existing residential driveway for storage of a recreational vehicle, the Planning Commission must determine whether it can be found that the location, size, architectural features, and general appearance of the proposal will impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole. A decision to deny this request may be supported by the following findings: Resolution No. 4364 May 8, 2018 Page 2 1. That a vinyl gate across the driveway would create a closed-off look to the property and impact the general welfare of the surrounding neighborhood. That single-family properties in the area have low walls or no walls in front of the homes visible from the public street. 2. That temporary and/or portable fencing is not appropriate for this property in that the fence is not safe, has the potential of being blown over by 'winds, creates an undesirable aesthetic and generally detrimental to the health, safety and wellbeing of a single family residential neighborhood. 3. That the proposed gate may hinder emergency responders in gaining access to the property in an emergency situation. 4. That a variance would be required since the proposal includes a deviation from the required back-up distance for a garage and results in prohibiting vehicular access to the garage. 5. That if a variance request were submitted, the request would not qualify for approval of a variance in that the property does not have special circumstances on the subject property that deprive it of privileges enjoyed by other properties in the vicinity and under identical zone classification. That the proposed RV storage. and gate would not meet the criteria for granting a variance because of the following reasons: a. The lot size is typical of any other lots in the neighborhood. b. The lot shape is rectangular (not an irregular shape) and is typical in the neighborhood. C. The topography is generally flat and there is no unique slopes or hillside applicable to the property. d. The building layout is similar to other houses in the neighborhood. e. The situation is a self imposed hardship (personal circumstances), not a condition particular to the property. 6. That approval of such a variance would set precedence for the R1 zoning district because the circumstances of the property are common throughout the R1 zone; therefore, the issue becomes no longer a question about a variance, but rethinking the RV storage restriction on a city-wide basis. Should this be a desired outcome, an impact analysis city-wide would be appropriate, necessary and cost prohibitive. Resolution No. 4364 May 8, 2018 Page 3 7. That the explicit purpose of the proposed vinyl gate across the residential driveway is to screen recreational vehicle storage. As proposed, the recreational vehicle storage is not allowed by the TCC and therefore there is no need for the proposed vinyl gate. G. That this project is not subject to CEQA pursuant to Section 15270 (Projects which are disapproved) of the California Environmental Quality Act. II. The Planning Commission hereby denies Design Review 2018=00007, a request for authorization to store a recreational vehicle within the required backup area of a two-car garage and install a vinyl gate across an existing residential driveway for recreational vehicle storage screening. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 8th day of May, 2018. AUSTIN LUMBARD Chairperson ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning Commission Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 4364 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 8th day of May, 2018. ELIZABETH A. BINSACK Planning Commission Secretary