The URL can be used to link to this page

Home My WebLink AboutZA 94-006/VAR 94-008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I. ZONING ADMINISTRATOR ACTION NO. 94-006 VARIANCE 94-008 FINDINGS AND CONDITIONS OF APPROVAL The Zoning Administrator finds and determines as follows: A. That a proper application, variance 94-008, has been filed by Mary Ellen Daly to request a variance from Tustin City Code section 9271i(1) (a) to allow an increase in the permitted fence height on the property located at 15610 Tustin Village Way. That the zoning Administrator has found that the minor adjustment authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and district in which the subject property is situated; and that because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the Zoning Code would deprive the subject property of privileges enjoyed by other properties in the vicini ty and under identical zone classification as evidenced by the following: B. 1. The subject property is located within the boundaries identified as the Communi ty Improvement Partnership Program area where an increase in crime and vandalism has been noted and the requested increase in fence height may discourage trespassers from gaining entry onto private property. 2 . The requested height increase is consistent with types of security efforts being pursued by surrounding property owners to protect their tenants and an increase in security may result providing protection to City residents. C. That this project has been reviewed for consistency with the Air Quality Sub-Element of the City of Tustin General Plan and has been determined to be consistent or has been conditioned to be consistent with the Air Quality Sub-Element. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Zoning Administrator Action 94-006 Page 2 D. This project has been determined to be Categorically Exempt pursuant to section 15303 (Class 3) of the California Environmental Quality Act. II. The Zoning Administrator hereby approves Variance 94-008 to vary from Tustin City Code section 9271i(1) (a) to allow an eight foot (8') high fence and gates on the property located at 15610 Tustin Village Way, subject to the conditions contained in Exhibit A attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin Zoning Administrator, held on the 5th day of July, 1994. / //' t! / " ;== ~~~~' Secretary STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN I, BARBARA REYES, the undersigned, hereby certify that I am the Recording Secretary of the Zoning Administrator of the city of Tustin, California and that Zoning Administrator Action 94-006 was duly passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 5th day of July, 1994. J ~~m~ ~~ BARBARA REYE Recording Secretary ZONING ADMINISTRATOR ACTION 94-006 EXHIBIT A VARIANCE 94-008 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped July 5, 1994, 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 94-008 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 All construction shall be in accordance with the 1991 Uniform Building Code (UBC), applicable City Codes and the City's Security Code including the location of knox boxes and shall comply with all handicap accessibility requirements. (1) 1.6 Approval of Variance 94-008 is contingent upon the applicant signing and returning an "Agreement to Conditions Imposed" form, as established by the Director of Community Development. (1) 1.7 The applicant shall hold and defend the city of Tustin harmless for all claims and liabilities arising out of the City'S approval of the entitlement process for this project. SOURCE CODES (1) STANDARD CONDITION (2) UNIFORM BUILDING CODEtS (3) DESIGN REVIEW *** EXCEPTION (4) RESPONSIBLE AGENCY REQUIREMENT (5) LANDSCAPING GUIDELINES (6) PC/CC POLICY (7) TUSTIN CITY CODE Exhibit A Conditions of Approval VAR 94-008 Zoning Administrator Action 94-006 Page 2 SITE CONDITIONS (5) 2.1 The proposed fencing and gates shall not exceed eight (8) feet in height and shall not significantly obscure visibility into the apartment complex. Final details of the proposed metal backing on the vehicular gates shall be subj ect to review and approval of the Communi ty Development Department and Police Department. Solid metal backing shall be prohibited, except as may be required to comply with handicap accessibility requirements. (4) 2.2 All treatments must be coordinated with regard to color, materials and detailing as noted on submitted construction plans at building plan check, and elevations shall indicate all colors and materials to be used. All colors, materials and treatments are subject to review and approval by the Communi ty Development Department during building plan check. (4) 2. 3 The property owners of the subject property shall be responsible for the daily maintenance and up-keep of the subject fencing and gates, including but not limited to, painting, graffiti removal and maintenance of the improvements to ensure that the facilities are maintained in a neat and attractive manner. All graffiti shall be removed within 72 hours of a complaint being transmitted by the City to the property owner. Failure to maintain said structures and adjacent facilities will be grounds for City enforcement of its Property Maintenance Ordinance, including nuisance abatement procedures. (4) 2.4 A five (5) foot wide landscaped buffer shall be maintained between the proposed back up area and the public right-of-way. This area shall be maintained in a healthy condition free of weeds and debris. Height of landscaping shall "not exceed 36" for visibility purposes. (4) 2.5 "No parking" signage not to exceed four (4) square feet in size shall be posted and maintained at the vehicular back up area. (4) 2.6 Knox boxes shall be maintained at all gates, subject to approval of the Tustin Police and Orange County Fire Departments. Exhibit A Conditions of Approval VAR 94-008 Zoning Administrator Action 94-006 Page 3 PLAN SUBMITTAL (1) 3.1 At plan check, submit five (5) sets of construction plans, including structural calculations. 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. (1) 3.2 Plans, details, and structural drawings for foundation and wrought iron gate attachment will be required prior to obtaining a building permit. (4) 3.3 Provide details of manual override at building plan check. FEES (1) 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. (1) 4.2 within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the County Clerk, in the amount of $25.00 (twenty five dollars) to enable the City to file with the County Clerk, the appropriate environmental documentation pursuant to the California Environmental Quality Act. If within such forty-eight (48) hours period, the applicant has not delivered to the Community Development Department the above noted check, the approval for the project granted herein shall be considered automatically null and void. In addition, should the Department of Fish and Game reject the Certificate of Fee Exemption filed with the Notice of Determination and require payment of fees, the applicant shall delver to the Community Development Department within forty-eight (48) hours of notification, a cashier's check payable to the County Clerk in the amount of eight hundred fifty dollars ($850) if an EIR was prepared or twelve hundred fifty dollars ($1,250) if a Negative Declaration was prepared. If this fee is imposed, the subject project shall not be operative, vested or final unless and until the fee is paid.