HomeMy WebLinkAboutCC RES 06-109
RESOLUTION NO. 06-109
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, 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.
The City Council of the City of Tustin does hereby resolve as follows:
I. The City Council finds and determines 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 Minor
Adjustment 06-001 on July 10, 2006, and denied by the Planning
Commission.
C. That on July 17, 2006, the applicant appealed the Planning Commission's
decision to deny Minor Adjustment 06-001.
D. That a public hearing was duly called, noticed, and held for Minor
Adjustment 06-001 on September 5, 2006, by the City Council.
E. 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).
F. 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."
G. 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
Resolution No. 06-109
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does not meet finding requirements needed to support a minor
adjustment.
H. That the City Council has considered the matter 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,
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 City Council hereby upholds the Planning Commission's action denying
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 City Council, held
on the 5th day of September, 2006.
ATTEST:
702KWDo.~
PAMELA STOKER
City Clerk
Resolution No. 06-109
Page 2 of 3
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
California, do hereby certify that the whole number of the members of the City Council of the
City of Tustin is five; that the above and foregoing Resolution No. 06-109 was duly passed
and adopted at a regular meeting of the Tustin City Council, held on the 5th day of September
2006 by the following vote:
COUNCILMEMBERAYES: n~vprt H~i:'pn. Am~ntp. Ronp. K~w~~him~ ('))
COUNCILMEMBER NOES: Nnnp (0)
COUNCILMEMBERABSTAINED: Nonp (0)
COUNCILMEMBER ABSENT: Nnnp (0)
<~.rn OVa ~1rfQrJ
P MELA STOKER,
City Clerk
Resolution No. 06-109
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