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HomeMy WebLinkAboutMA 08-002Intar-Cam D~T~ MARCH 24, 2008 ~` ~~: ZONING ADMINISTRATOR F2~J~~~: COMMUNITY DEVELOPMENT DEPARTMENT ~~1~'J~~T: MINOR ADJUSTMENT 08-002 APPLICANT: CHRISTINA QUINTERO ORANGE COUNTY TEACHERS FEDERAL CREDIT UNION 15442 NEWPORT AVENUE TUSTIN, CA 92780 PROPERTY OWNER: ORANGE COUNTY TEACHERS FEDERAL CREDIT UNION 15442 NEWPORT AVENUE TUSTIN, CA 92780 LOCATION: 15442 NEWPORT AVE and 15222, 15332 DEL AMO AVE GENERAL PLAN: PLANNED COMMUNITY COMMERCIAL/BUSINESS ZONING: PLANNED COMMUNITY (PC) OFFICE CENTER AND TECHNOLOGY CENTER ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 3) PURSUANT TO SECTION 15303 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. REQUEST: OCTFCU IS REQUESTING A MINOR ADJUSTMENT TO INCREASE THE MAXIMUM HEIGHT OF A BLOCK WALL BY TWENTY PERCENT (20%) AND TO REDUCE THE FRONT/STREET SIDE SETBACK BY TEN PERCENT (10%). RECOMMENDATION That the Zoning Administrator adopt Zoning Administrator Action 08-005 approving Minor Adjustment 08-002. BACKGROUND The Orange County Teachers Federal Credit Union (OCTFCU) owns and occupies the properties located at 15442 Newport Avenue and 15332 Del Amo Avenue. OCTFCU recently purchased the adjacent parcel located at 15222 Del Amo Avenue this past year and has completed tenant improvements to allow for occupancy of the building. The Zoning Administrator March 24, 2008 MA 08-002 Page 2 parcel located at 15332 is currently vacant and being reserved for future development. The other two parcels located at 15442 Newport Avenue and 15222 Del Amo Avenue each have an office building which accommodates office and research and development activities. The three parcels are contiguous with one another and OCTFCU is proposing to build a block wall along the rear property lines of the parcels where they abut the BNSF railroad line. Section 5.4 of the Pacific Center East Specific Plan allows minor modifications or adjustments for an increase of not more than twenty percent in the maximum permitted height of a fence or wall. The same section allows minor modifications of a decrease in not more than ten percent in the required building or landscaping setbacks. Pursuant to Section 9299b(1) of the Tustin City Code, the Zoning Administrator has the authority to approve minor adjustments of an increase of not more than twenty percent in the maximum permitted height of a fence or wall and a decrease of not more than ten percent of a required building or landscaping setback. PROJECT LOCATION The project site is located along Del Amo Avenue and Newport Avenue between Edinger Avenue and Valencia Avenue within the Planned Community (PC) zoning district and the Pacific Center East Specific Plan. The properties located at 15442 Newport Avenue and 15332 Del Amo Avenue are within the Regional Center land use classification of the Pacific Center East Specific Plan which allows for a variety of office and commercial uses. The property located at 15222 Del Amo Avenue has a land use classification of Technology Center that allows for light industrial, research and development, and office uses. Surrounding properties to the north, east, and west of the project site are also zoned PC and located within the Pacific Center East Specific Plan. To the south of the project site across Valencia Avenue are Industrial (M) zoned properties. There are no residential properties within the vicinity of the project site. As mentioned, the subject properties abut the BNSF Railroad line along the eastern property lines. PROJECT DESCRIPTION The applicant is proposing a continuous cmu block wall along the eastern property lines of the parcels to screen the properties from the existing railroad line. The proposed location for the block wall is along interior parcel lines and would not run adjacent to the street. The proposed block wall would help to alleviate noise and vibration caused by the trains along the railroad line. There is also a substantial amount of dust and debris generated from the trains that would be blocked by the proposed block wall. In addition, the wall would serve as a safety barrier between pedestrians and the railroad line. Zoning Administrator March 24, 2008 MA 08-002 Page 3 Minor adjustments to the allowable height and required setbacks of the proposed block wall are being requested by the applicant. Currently the Pacific Center East Specific Plan allows for a maximum height of six (6) feet, eight (8) inches for fences, hedges, and walls. The proposed wall would be eight (8) feet in height, making it twenty percent (20%) taller than the maximum permitted height. The current street side setback along Valencia Avenue is thirty-five (35) feet. The applicant is proposing to have the wall encroach into this setback by ten percent (10%) which would result in a new setback from Valencia Avenue of thirty-one (31) feet, six (6) inches. ANALYSIS Due the properties' proximity to the railroad line, it is not unreasonable to request an extension in the maximum permitted height. The twenty percent increase in wall height as proposed (8') would help to mitigate the current noise impacts as well as dust and debris created by the active use of the adjacent railroad. The proposed wall would also act as a barrier to segregate pedestrians from the train traffic. It is not uncommon for many larger developments to establish higher perimeter walls as sound barriers or security measures to address traffic noise, dust, and pollution. The proposed reduction in the required setback along Valencia Avenue by ten percent (10%) is minimal and would continue the original intent of the proposed wall in screening the OCTFCU facilities from the railroad line. The proposed encroachment would not have an effect on visual clearance. FINDINGS Section 9299c(3)(a) of the TCC, the California Government Code Section 65906 requires the City to make two positive findings to approve a minor adjustment. In determining whether to approve the Minor Adjustment for the proposed increase in the maximum permitted height of a block wall by twenty percent (20%) and a reduction of ten percent (10%) in the required street side setback, the Zoning Administrator must determine that the proposed use constitutes a special circumstance unique to the land based on hardship where the strict literal interpretation of the zoning code deprives the property of privileges enjoyed by other properties in the area. In addition the Zoning Administrator must determine that the proposed Minor Adjustment would not be a granting of special privilege inconsistent with limitations placed on other properties in the vicinity. A decision to approve this request may be supported 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 Zoning Administrator March 24, 2008 MA 08-002 Page 4 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 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. Staff recommends that the Zoning Administrator adopt Zoning Administrator Action No. 08-005 approving Minor Adjustment 08-002, allowing 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 same block wall by ten percent (10%) located at 15442 Newport Avenue and 15222 and 15332 Del Amo Avenue within the Pacific Center East Specific Plan and the Planned Community zoning district. ~'~_ Ry Swiontek Associate Planner Attachments: A. Submitted Plans B. 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EN DOWELS - #5 ®24" O.C. 16" O.C. BOWELS 6 ~ FREE-STANDING CMU WALL SECTION 2 4'-6" WHERE "Y">6" 5-0" WHERE `1'">1'-0" WHERE "1'">1'-0" 0 co #5 ®24" O.C. - ~5 ® 16" O.C. BETWEEN DOWEtS FREE-STANDING CMU WALL SECTION ~ 6 ATTACHMENT B ZONING ADMINISTRATOR ACTION NO. 08-005 ZONING ADMINISTRATOR ACTION 08-005 MINOR ADJUSTMENT 08-002 OCTFCU BLOCK WALL The Zoning Administrator of the City of Tustin does hereby resolve as follows: I. 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 California Code of Regulations (Guidelines for the California 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. DANA OGDON ZONING ADMINISTRATOR ELOISE HARRIS RECORDING SECRETARY 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. ELOISE HARRIS RECORDING SECRETARY EXHIBIT A ZONING ADMINISTRATOR ACTION 08-005 MINOR ADJUSTMENT 08-002 CONDITIONS OF APPROVAL 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 properly 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.