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HomeMy WebLinkAboutITEMS DISTRIBUTED Mayor, Al Murray Mayor Pro Tern, Rebecca "Beckie" Gomez Council Member, Dr. Allen Bernstein Council Member, Charles E. "Chuck' Puckett Council Member, Letitia Clark On Saturday, July 16th, my son asked me to take a look at a house being built by Habitat for Humanity. The address is 140 South A Street, which is within the city limits. I noticed that there is a motor home parked in the driveway of the house across the street(155 South A Street). I looked on Google Maps and saw evidence that it has been there for some time. It is my assumption that when the city has been inspecting the Habitat house they were able to see the motor home, yet it is still there. I then drove around the houses between there and my home and found an additional 41 motor homes, camping trailers, and boats parked in driveways. It appears to me that enforcement of this regulation has been arbitrary at best. However, (I have attached photos of this one motor home and will provide pictures of the others if requested.) I am not arguing about the fencing requirement for RV storage in regulation (TCC 9266C2). In fact this was the only regulation I was given a copy of. But, maybe storage and parking are two different things. It also appears to me, after talking to my neighbors and since there have been two notices posted in front of my house, that there is nobody who is bothered by parking a motor home in my driveway. I do not understand why any of this is an issue in the first place. However, as indicated in my appeal, I have acted in good faith and attempted to do everything as requested and to be in compliance with the Codes. When I appealed the rejection of my application for a permit to the Planning Commission I had trusted that the Tustin City Codes (TCC)were being correctly described by staff, and did not look up the exact wording. I found that this assumption was completely wrong. I have attached a copy of each of the TCCs codes referred to in the "OFFICIAL NOTICE OF PUBLIC HEARING." I have followed each of these with a statement of why I do not feel they apply to my specific situation. Thank you for your time and consideration. Christine L. Coursen Tustin, CA 92780 9266c2 Storage of a recreational vehicle is prohibited except when located outside of any required front, side, or rear yard setbacks, on a paved surface, and when fully screened from view from the public right-of- way and adjoining 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. Similar fencing has been used in the neighborhood to conceal an RV. This house is at 13002 Woodlawn Avenue, less than two blocks from 1461 Garland Avenue. Rot r � Tam !v' .a! �Vf • xpay x „�. 9262b Availability: 1. Required 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 only. Required parking shall not be: a. Rented, let, or used for storage of property, or used to park an inoperative or non-motorized vehicle; or otherwise be blocked in any manner that would impede access to or the use of any required parking space for the temporary parking of vehicles. A vehicle parked on private residential property belonging to or occupied by the owner of such vehicle for the purpose of temporarily displaying them for sale shall be exempt from this prohibition, provided such temporary display does not exceed ninety (90) days in any calendar year. b. Used for overnight parking except by residents or tenants with the authorization of the property owner. This section does not seem to apply. The motor home is temporarily parked, no property is being stored, and it's neither inoperative nor non-motorized. 9267a6 Where garages face each other and are separated by a shared driveway, the minimum driveway width shall be twenty-five (25) feet. See Figure 10 (Minimum Driveway Width for Garages with Shared Driveway). This section does not seem to apply. There are neither garages facing each other nor a shared driveway. 9272b Scope of Jurisdiction Prior to the issuance of any building permit, including new structures or major exterior alteration or enlargement of existing structures, building to be relocated, and signs to be constructed or modified, the Community Development Director shall approve the site plan, elevations and landscaping for such development. (Ord. No. 587, Sec. 2) This section does not seem to apply to a portable fence. I also asked Senior Planner, Edmelynne Hutter, if a permit was needed for a temporary fence and was told "No." Her only stated concern was that the portable fence could blow over in the wind. The fence has been up in my driveway and now in my side yard for seven months. It hasn't blown over. There is no disagreement on the necessity for a permit for a permanent fence. 9272c Conditions of Approval The Community Development Director shall approve the submitted plans if he finds that the location,size, architectural features and general appearance of the proposed development will not impair the orderly and harmonious development of the area, the present or future development therein, the occupancy thereof, or the community as a whole. In making such findings, the Community Development Director shall consider the following items: (1) Height, bulk and area of buildings. (2) Setbacks and site planning. (3) Exterior materials and colors. (4) Type and pitch of roofs. (5) Size and spacing of windows, doors and other openings. (6) Towers, chimneys, roof structures, flagpoles, radio and television antennas. (7) Landscaping, parking area design and traffic circulation. (8) Location, height and standards of exterior illumination. (9) Location and appearance of equipment located outside of an enclosed structure. (10) Location and method of refuse storage. (11) Physical relationship of proposed structures to existing structures in the neighborhood. (12) Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. (13) Proposed signing. (14) Development guidelines and criteria as adopted by the City Council. (Ord. No. 1429, Sec. 11.51, 5-21-13) Again,the temporary fence should not need a permit. However, both the temporary and the permanent fence are within these guidelines. 9272e Guiding Principles Implementation of the development preview process relative to external design shall be guided by the following principles: (1) Individual initiative shall be encouraged. Control shall be reduced to the minimum extent possible, while insuring that the goals stated in this Chapter are achieved to the fullest possible extent. (2) Good architectural character is based upon the suitability of a structure for its purposes, upon the appropriate use of sound materials and upon the principles of harmony and proportion in the elements of the structure. (3) Good architectural character is not, in itself, more costly than poor architectural character and is not dependent upon the particular style of architecture selected. (4) When considering signs, particular attention shall be given to incorporating the design, including colors, of the sign into the overall design of the entire development, so as to achieve homogeneous development. (5) Building to be relocated must be previewed as totheir compatibility with neighboring structures and with existing or proposed structures on the same site. (Ord. No. 587, Sec. 2) (1) It appears that control way beyond the actual code is being attempted. (2) The architectural character is similar to other properties in the neighborhood. Pictures of possible fences were shown to the Senior Planner, Edmelynne Nutter. The fence is the exact one she chose. This similar fencing is on adjacent property. H r " �� ° .__ � -s � q_ ,ms yL t ,, 1tv,41: '.* ad, P a e ,, i 9,' si ri+' --r, '�'• -+4 k, 'f ` F y 'Yy Summary: I believe that I have acted in good faith, and have done everything within the actual codes. I believe that the city employees have acted in bad faith, for what reason I do not know. They have caused me emotional duress. After bringing in fence samples and getting them verbally approved, I personally spent time and money building my temporary fence,which I was told did not need a permit. I found umbrella stands with wheels, having a weight of 54 pounds each (108 pounds total per fence segment) to support the temporary fence and ensure that the fence would not be likely to blow over;since this was the only concern expressed. After verbal approval of a new Sprinter RV from staff at City Hall, I agreed to sell my current motor home (which is being sold on consignment) and purchased a new Sprinter ERA 70X(delivery expected in the Fall), which I was verbally told that I could park in my driveway as long as I used it as my primary vehicle. I have cancelled vacation plans to attend the originally scheduled Planning Commission hearing, delayed my next scheduled vacation due to the rescheduling of the meeting and the necessity of filing the appeal before leaving, and returned home earlier than planned due to the possibility of this hearing being in June. 1. I believe that there is no actual basis, in the code,for denying a permit to build a permanent fence. 2. I believe: A portable fence does not require a permit, as initially verbally stated by staff.The materials used are in keeping with other fences in the neighborhood, as initially verbally stated by staff.The fence does not propose any hazard and is not likely to blow over. 3. I believe that any motorized RV is permitted to be parked in any driveway as long as it is being used on a regular basis and not just being stored. 4. I believe that my new Sprinter ERA 70X,which looks exactly like a large windowed van, should be permitted to be parked in my driveway without a fence, as initially verbally stated by staff. I am asking that the permit for the proposed fence be approved AND I am asking for a determination that the temporary fence is an acceptable alternative AND I am asking for a determination that a fence is not required for parking the Sprinter ERA 70X.