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HomeMy WebLinkAboutZA Action 08-005ZONING ADMINISTRATOR ACTION 08-005 MINOR ADJUSTMENT 08-002 OCTFCU BLOCK WALL The Zoning Administrator of the City of Tustin does hereby resolve as follows: The Zoning Administrator finds and determines: A. That Orange County Teachers Federal Credit Union (OCTFCU) submitted a proper application for Minor Adjustment 08-002 to allow for an increase in the maximum permitted height of a block wall by twenty percent (20%) and a decrease in the required street side setback for the block wall by ten percent (10%), which equates to an eight (8) foot high block wall setback thirty-one (31) feet, six (6) inches from the street. The proposed block wall would be erected across three contiguous parcels located at 15442 Newport Avenue and 15222 and 15332 Del Amo Avenue within the Pacific Center East Specific Plan; B. That pursuant to Section 5.4 of the Pacific Center East Specific Plan, minor modifications or adjustments for an increase of not more than twenty percent in the maximum permitted height of a fence or wall are allowed. The same section allows minor modifications of a decrease in not more than ten percent in the required building or landscaping setbacks; C. That a public meeting was duly called, noticed, and held for Minor Adjustment 08-002 on March 24, 2008, by the Zoning Administrator; D. That the establishment, maintenance, and operation of the use applied for will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use nor be a detriment to the property and improvements in the neighborhood of the subject property, nor to the general welfare of the City of Tustin as evidenced by the following findings: 1. The properties are unique in that they abut an existing railroad line that creates excessive noise and air pollution. The proposed block wall would serve as a sound barrier and security device. 2. Approval of the proposed Minor Adjustment 08-002 would not be a granting of special privilege in that other properties within the City experiencing hazards due to traffic have also erected walls and sound barriers in excess of the requirements outlined in the City of Tustin zoning code. 3. The project accounts for three parcels which constitute 1,581 linear feet along the railroad line at the rear property lines. The proposed Zoning Administrator Action 08-005 MA 08-002 Page 2 block wall would create a cohesive and aesthetically uniform solution to mitigate the effects of the railroad line. 4. The proposed block wall would be located at the rear of the properties and not highly visible from the public right-of-way. In addition, the encroachment into the required street side setback would not interfere with any visual clearance. E. This project is Categorically Exempt pursuant to Section 15303 (Class 3) of the Califomia Code of Regulations (Guidelines for the Califomia Environmental Quality Act). II. The Zoning Administrator hereby approves Minor Adjustment 08-002 to allow for an increase in the maximum permitted height of a block wall by twenty percent (20%) and a decrease in the required street side setback for the block wall by ten percent (10%), which equates to an eight (8) foot high block wall setback thirty-one (31) feet, six (6) inches from the street. The proposed block wall would be erected across three contiguous parcels located at 15442 Newport Avenue and 15222 and 15332 Del Amo Avenue within the Pacific Center East Specific Plan, subject to the conditions contained within Exhibit A, attached hereto. PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin, at a regular meeting on the 24th day of March, 2008. ~~4.`-. ELOISE H RIS RECORDING SECRETARY ~~1---`t.. ~~--- DANA OGDON ZONING ADMINISTRATOR Zoning Administrator Action 08-005 MA 08-002 Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Eloise Harris, the undersigned, hereby certify that I am the Zoning Administrator Secretary of the -City of Tustin, California; that Zoning Administrator Action 08-005 as duly passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 24th day of March, 2008. ELO SE H RIS REC G SECRETARY EXHIBIT A ZONING ADMINISTRATOR ACTION 08-005 MINOR ADJUSTMENT 08-002 CONDITIONS OF APPROVAL 1. The proposed project shall substantially conform with the submitted plans for the project date stamped March 24, 2008, on file with the Community Development Department, as herein modified, or as modified by the Zoning Administrator in accordance with this Exhibit. The Community Development Director may also approve subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code or other applicable regulations. 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. 3. Approval of Minor Adjustment 08-002 is contingent upon the applicant and property owner signing and returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the property owner signing and recording with the County Clerk-Recorder a notarized "Notice of Discretionary Permit Approval and Conditions of Approval" form. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. 4. The property owner shall be required to coat and protect the proposed block wall with a graffiti resistant finish and/or material. In addition, the property owner shall install and maintain mature vines on both sides of the wall as a measure to cover the wall and deter graffiti. 5. Any cleanup or costs associated with the removal of graffiti on the proposed block wall shall be the sole responsibility of the property owner. Should the property owner fail to remove graffiti in a timely manner, the City of Tustin may remove the graffiti at the cost of the property owner. 6. 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 fifty dollars ($50.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty- eight (48) hour period the applicant has not delivered to the Community Development Department the above-noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened.