HomeMy WebLinkAboutPC RES 4029
RESOLUTION NO. 4029
A RESOLUTION OF THE PLANNING COMMISSION DENYING
MINOR ADJUSTMENT 06-001 TO AUTHORIZE THE HEIGHT
EXTENSION UP TO TWENTY PERCENT ABOVE THE MAXIMUM
PERMITTED HEIGHT OF THE PERIMETER FENCE AROUND THE
PRESIDIO TRACT POOL LOCATED AT 2650 DAVIS DRIVE.
I. The Planning Commission of the City of Tustin does hereby resolve as follows:
A. That a proper application, Minor Adjustment 06-001, was filed by John S.
Tkach (President Presidio Homeowners Association), requesting authorization
to extend the height of the existing perimeter pool fence up to twenty percent
(20%) above the maximum allowable height in the zoning district. The
community pool is located at 2650 Davis Drive in the Presidio Tract within the
Planned Community Residential (PCR) zoning district and the Planned
Community Residential General Plan land use designation.
B. That a public meeting was duly called, noticed, and held for said application on
July 10, 2006, by the Planning Commission.
C. That the project is categorically exempt pursuant to Section 15301, Class 1 of
the California Code of Regulations (Guidelines for the California Environmental
Quality Act).
D. That Section 3.13.2.C. of the East Tustin Specific Plan allows administrative
adjustments for "An increase of not more than 20% of the permitted height of a
fence or wall, subject to City approved structural design."
E. That pursuant to California Government Code Section 65906 and the Tustin
City Code, the proposed project would require the City to make two positive
findings to approve a minor adjustment. That the proposed project does not
meet finding requirements needed to support a minor adjustment.
F. That the Planning Commission has considered the mater and made the
following findings:
1) The proposed minor adjustment does not identify any special
circumstances unique to the site based on hardship. Topography of
the land is not a special circumstance because the height of the fence
is measured from grade level and would allow for the same fence
height limitations as flat land;
2) The project site is not deprived of any of the privileges enjoyed by
other properties in the vicinity that would warrant an extension of a
fence above the maximum allowable in the zoning district. There is no
unnecessary hardship associated with the property that disadvantages
it from other properties in the area; and,
Resolution No. 4029
Page 2
3) Approval of the proposed minor adjustment would be granting a
special privilege that is inconsistent with the limitations placed on other
properties in the area. Surrounding properties experience the same
limitations as the project site, but remain subject to the zoning code.
II. The Planning Commission hereby denies Minor Adjustment 06-001 to authorize
an increase in the allowable fence height by twenty percent for the fence
surrounding the common area pool at 2650 Davis Drive in the Presidio Tract.
PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held
on the 10th day of July, 2006.
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ELIZABETH A. BINSACK
Planning Commission Secretary
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning
Commission Secretary of the City of Tustin, California; that Resolution No. 4029 was duly
passed and adopted at a regular meeting of the Tustin Planning Commission, held on the
10th day of July, 2006.
~~~,~-~~
ELIZABETH A. BINSACK
Planning Commission Secretary