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RESOLUTION NO. 2601
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, CALIFORNIA, APPROVING USE
PERMIT 89-15 AUTHORIZING CONSTRUCTION OF A
COMBINATION RETAINING/FREESTANDING WALL WITH A
MAXIMUM HEIGHT OF 10 FEET.
The Planning Commission of the City of Tustin does hereby resolve as
follows'
I ·
The Planning Commission finds and determines as follows'
A. That a proper application, {Use Permit No. 89-15) has been filed
on behalf of Durfee Gardens to construct a combination
retaining/freestanding wall along the perimeter property lines
of Tentative Tract 13822 with a maximum height of 10 feet as
measured from the lower adjacent grade.
B. That a public hearing was duly called, noticed and held on said
application on May 8, lg89.
C. That establishment, maintenance, and operation of the use
applied for will not, under the circumstances of this case,
be detrimental to the heal th, safety, morals, comfort, or
general welfare of the persons residing or working in the
neighborhood of such proposed use, evidenced by the following
findings:
1. The use applied for is in conformance with the Tustin
General Plan.
2. The site is located in the R-1 Single Family Residential
District and the use applied for is a conditionally
permitted use in said District.
3. The proposed use will not negatively effect surrounding
property owners, as all adjacent owners support the proposed
wal 1.
4. The use provides the ability to avoid and mitigate any
potential impacts of Tentative Tract 13822 by providing
maxi mum privacy to existing and future residents.
D. That the establishment, maintenance, and operation of the use
applied for will not be injurious or detrimental to the property
and improvements in the neighborhood of the subject property,
nor to the general welfare of the City of Tustin, and should be
granted.
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Resolution No. 2601
Page two
E. The proposed wall shall be in accordance with the development
policies adopted by the City Council, Uniform Building Codes as
administered by the Building Official and Fire Code as
administered by the Orange County Fi re Marshal.
F. The project is Categorically Exempt pursuant to the provisions
of Section 15303e (Class 3) of the California Environmental
Quality Act.
G. Final development plans shall require the review and approval
of the Community Development Department.
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II. The Planning Commission approves Use Permit 89-15, authorizing the
construction of a combination retaining/freestanding wall along the
perimeter property lines of Tentative Tract 13822 with a maximum
height of 10 feet as measured from the lower adjacent grade subject
to the following conditions:
A. The proposed wall shall substantially conform with the submitted
plans, date stamped April 11, 1989, on file wi th the Community
Development Department, as herein modified, or as modified by
the Director of Community Development in accordance with these
conditions.
B. The maximum height of the wall shall not exceed 10 feet in
height along the south property line of Tract 13822 as measured
from the lower adjacent grade; eight (8) feet in height along
the east and west property line of Tract 13822 {wi th a maxi mum
of 7 feet at lot #6) and seven (7) in height along Norwood Park
Place (lots i and 6).
C. All applicable conditions of approval of Exhibits A and B to
Resolution No. 2556 shall remain in full force and effect as
they relate to Tentative Tract Map 13822.
PASSED AND ADOPtED. at a regular meeting of the Tustin Planning Commission,
held on the 8th day of May, 1989.
enni Foley
Secretary
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, PENNI FOLEY, the undersigned, hereby certify that I am the Recording
Secretary of the Planning Commission of the City of Tustin, California; that
Resolution No. '~J~_d9// 'was duly passed an'd adopted at a regular meeting of
the Tustin Planning Commission, held on the d~y~ day of ~
.
198 ~'. '
PENNI FOLEY
Recording Secretary