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HomeMy WebLinkAboutPC RES 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 filed 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. 11. 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 LUMBARb_� Chairperson ELIZABETH A. BINSACK Planning Commission Secretary Resolution No. 4364 May 8, 2018 Page 4 STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN 1, 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. PLANNING COMMISSIONER AYES: Kozak, Lumbard, Mason, Smith,, Thompson (5) PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: "--ELIZABETH A. BINSACK Planning Commission Secretary,