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HomeMy WebLinkAboutZA 94-012/VAR 94-013 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. c. ZONING ADMINISTRATOR ACTION NO. 94-012 VARIANCE 94-013 FINDINGS AND CONDITIONS OF APPROVAL The Zoning Administrator finds and determines as follows: A. That a proper application, Variance 94-013, has been filed by Mr. John G. Meurs to request a variance from Tustin City Code Section 9271i(1) (a) to allow a wrought iron extension on an existing block wall to a maximum height not to exceed eight (8) feet at the existing mobile home park located at 15401 Williams street. B. 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: 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. 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 Zoning Administrator Action 94-012 Page 2 6 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 94-013 to vary from Tustin City Code Section 9271i(1) (a) to allow a wrought iron extension on an existing block wall to a maximum height not to exceed eight (8) feet at the existing mobile home park located at 15401 Williams street, subject to the conditions contained in Exhibit A attached hereto. 2 D. 3 4 5 7 8 9 PASSED AND ADOPTED at a regular meeting of the Tustin Zoning Administrator, held on the 17th day of October, 1994. 10 12 ~ CHRISTINE SHINGLETON Zoning Administrator 11 13 15 ~EY~ Secretary 14 16 17 18 STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN 19 25 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 94-012 was duly passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 17th day of October, 1994. ~~ Recording Secretary 20 21 22 23 24 26 27 28 ZONING ADMINISTRATOR ACTION 94-012 EXHIBIT A VARIANCE 94-013 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped October 17, 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 by the state of California of any building permits for the project subject to review and approval by the Community Development Department. (1) 1.3 Variance 94-012 approval shall become null and void unless all building permits are issued by the state of California 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 Prior to the issuance of any permi ts by the state Department of Housing and Community Development (HCD) , the Community Development Department shall review and approve the final working drawings submitted to HCD to ensure compliance with all applicable conditions. (1) 1.6 Approval of Variance 94-013 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) (2 ) (3) *** STANDARD CONDITION UNIFORM BUILDING CODE/S DESIGN REVIEW EXCEPTION (4) (5) (6) (1) RESPONSIBLE AGENCY REQUIREMENT LANDSCAPING GUIDELINES PC/CC POLICY TUSTIN CITY CODE Exhibit A Conditions of Approval VAR 94-013 Zoning Administrator Action 94-012 Page 2 SITE CONDITIONS (4) 2 . 1 The proposed existing block wall with wrought iron extension shall not exceed eight (8) feet in height, as measured from the lowest adjacent grade. The proposed wrought iron extension shall consist of vertical posts and shall not encroach above the public right-of-way. structural supports shall face the interior of the subject property, such that only anchor bolts painted to match the existing block wall are visible from the public right-of-way. Final details of the proposed wrought iron extension shall be subject to review and approval by the Community Development Department. (3) 2.2 All treatments must be coordinated with regard to color, materials and detailing as noted on submitted construction plans and elevations shall indicate all colors and materials to be used. All colors, materials and treatments are subject to review and approval by the Community Development Department prior to issuance of any permits by HCD. (4) 2.3 The property owners of the subject property shall be responsible for the daily maintenance and up-keep of the subject fencing, 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 Neon type markers, or similar devices, which are visible during hours of darkness shall be placed and maintained at intervals of no greater than eighty to one hundred feet (80'-100') in visible locations at the top of the existing barbed wire fencing along the perimeter of the subj ect property. The actual devices used are subj ect to approval by the Community Development Department. Exhibit A Conditions of Approval VAR 94-013 Zoning Administrator Action 94-012 Page 3 (4) 2.5 The applicant shall provide written approval from the owners of adjacent property on which the property line wrought iron extension is proposed. In the event that the wall upon which the wrought iron extension is placed is offset from the property line and lies completely on the subj ect property, approval from the owner of the adjacent property shall not be required. FEES (1) 3.1 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 Quali ty 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.