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HomeMy WebLinkAboutZA 95-008 / MA 95-01 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. A. B. ZONING ADMINISTRATOR ACTION NO. 95-008 MZNOR ADJUSTMENT 95-01 MAY 15, 1995 The Zoning Administrator finds and determines as follows: That a proper application, Minor Adjustment 95-01, has been filed by Tustin Village Community Association 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 15500 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: 1. The swimming pool area is located in close proximity to the adjacent buildings thereby limiting the amount of space available for a walkway adjacent to the pool area and creating the need to increase the height of the fencing for safety purposes. The requested increase in fence height is necessitated in order to protect the taller residents of the project and their visitors whom may be at risk Qf injury by shepherd hooks that would project over the walkway at a height of about 6'-4" if the fence were 6'-8" in height. 2 . The subj ect property is located wi thin 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 enhance the security of the pool area by deterring trespassers and vandals from gaining entry into the pool area. 1 Zoning Administrator Action 95-008 Page 2 2 7 c. The requested height increase is consistent with types of security efforts being pursued by surrounding property owners to protect property from vandalism, and the additional fence height may decrease crime in the area, which will improve the health, safety, morals, and general welfare of the persons residing in the neighborhood. That this project has been reviewed for consistency with the Air Quality Sub-Element of the ci ty of Tustin General Plan and has been determined to be consistent or has been conditioned to be consistent with the Air Quality Sub-Element. 3 . 3 .. 5 6 8 9 10 D. This project has been determined to be Categorically Exempt pursuant to Section 15303 (Class 3) of the California Environmental Quality Act. 11 12 13 II. The Zoning Administrator hereby approves Minor Adjustment 95-01 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 15500 Tustin Village Way, subject to the conditions contained in Exhibit A attached hereto. 14 1S 16 17 PASSED AND ADOPTED at a regular meeting of the Tustin Zoning Administrator, held on the 15th day of May, 1995. 18 19 20 ~~ BARBARA REYE Secretary 21 22 23 24 25 26 27 28 1 Zoning Administrator Action 95-008 Page 3 2 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) 4 5 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 95-008 was duly passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 15th day of May, 1995. 4~E&r Recording Secretary 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 95-008 EXHIBIT A MINOR ADJUSTMENT 95-01 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submi tted plans for the proj ect date stamped May 15 , 1995, 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 Minor Adjustment 95-01 approval shall become null and void unless all building permits are issued within twelve (12) months of the date of this Exhibit. (2) 1.4 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) 1.5 Approval of Minor Adjustment 95-01 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. SITE CONDITIONS ( 5) 2 .1 The proposed fencing and gates shall not exceed eight (8) feet in height. SOURCE CODES (1) STANDARD CONDITION (2) UNIFORM BUILDING CODE/S (3) DESIGN REVIEW *** EXCEPTION (4) RESPONSIBLE AGENCY REQUIREMENT (5) LANDSCAPING GUIDELINES (6) PC/CC POLICY (7) TUSTIN CITY CODE Exhibit A Condi t.ions of Approval Minor Adjustment 95-01 Zoning Administrator Action 95-008 Page 2 (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 subj ect property shall be responsible for the daily maintenance and up-keep of the subject fencing and gate, including but not limited to, painting, graffiti removal and maintenance of the improvements to ensure that the facili ties 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 Knox boxes shall be maintained at all gates, subject to approval of the Tustin Police and Orange County Fire Departments. PLAN SUBMITTAL (1) 3.1 At plan check, submi t 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. (1) 3.3 At plan check, a site plan shall be provided which shows that the pool area is accessible and usable by persons with disabilities. The site plan shall delineate the path of travel. (2 ) 3 · 4 The total occupant load of the pool area is approximately 98 persons. Per UBC Table 33-A, two legal exits are requir~d. These exits shall comply with UBC Section 3303-c. Exhibit A Conditions of Approval Minor Adjustment 95-01 Zoning Administrator Action 95-008 Page 3 ( 1) 3 · 5 All exit gates shall comply with the disabled access regulations checklist for doors/gates, on file with the Community Development Department. (1) 3. 6 The keyed latch of the wrought iron gates shall be lowered to a maximum height of 44" above finished surface for use by persons wi th disabili ties. The locking mechanism shall be accessible with a key from the outside to get in and shall be openable from the inside with a single effort by lever-type hardware or other hardware designed to provide passage without requiring the ability to grasp the opening hardware. Additionally, a barrier shall be provided having no opening greater than .5" wi thin 18" of the inside release mechanism to prevent unauthorized access from the outside in reaching the inside latching of the lock. 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 $38.00 (thirty eight 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 Communi ty 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.