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HomeMy WebLinkAboutZAA 2013-003MINOR ADJUSTMENT 2013-001 1200 EDINGER AVENUE The Zoning Administrator of the City of Tustin does hereby resolve as follows: The Zoning Administrator finds and determines: A. A proper application for Minor Adjustment 2013-001 by SchoolsFirst Federal Credit Union 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 ay thirty-one (31) feet, six (6) inches from the street. The proposed block wall, at 1200 Edinger Ave, would be an extension of an existing eight (8) foot block wall running along the eastern property line of the three (3) properties directly adjacent to the south; B. That the site is designated as Planned Community Commercial/Business by the City General Plan and is within the Pacific Center East Specific Plan Zoning District. C. 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 (20) 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 (10) percent in the required fence setbacks; D. That the establishment, maintenance, and operation of the use applied for, under the circumstances of this case, 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 as evidenced by the following findings: 1. The property is unique in that it abuts an existing railroad line that creates excessive noise and air pollution. The proposed wall would serve as a sound barrier and security device. 2. Approval of the proposed Minor Adjustment 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. That the properties to the south of the project site have an existing eight (8) foot tall block wall and that the proposed project would be an extension of the existing block wall. Zoning Administrator Action 13 -003 MA 2013 -001 Page 2 4. The project constitutes 531 linear feet along the railroad line at the southeast property line. The proposed block wall would create a cohesive and aesthetically uniform solution to mitigate the effects of railroad operation. 5. The proposed block wall would be located at the side of the property and not highly visible from the public right -of -way. In addition, the encroachment into the required street side setback by ten (10) percent would not interfere with any visual clearance. 6. The proposed block wall setback reduction would provide the property increased protection from trespassers, noise, and debris or trash. E. This project is Categorically Exempt pursuant to Section 15301 (Class 1) of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Zoning Administrator hereby approves Minor Adjustment 2013 -001 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 block wall by ten percent (10 %), which equates to an eight (8) foot high block wall setback at thirty - one (31) feet, six (6) inches from the street, 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 28th day of January 2013. • , • ;$ r " ADRIANNE DILEVA RECORDING SECRETARY Zoning Administrator Action 13-003 MA 2013-001 Page 3 STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN 1, Adrianne DiLeva, the undersigned, hereby certify that I am the Zoning Administrator Secretary of the City of Tustin, California; that Zoning Administrator Action 2013-003 was duly passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 28th day of January, 2013. ADRIANNE DILEVA RECORDING SECRETARY EXHIBIT A ZONING ADMINISTRATOR ACTION 13-003 MINOR ADJUSTMENT 2013-001 CONDITIONS OF APPROVAL 1. The proposed project shall substantially conform with the submitted plans for the project date stamped January 28, 2013, 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 2013-001 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. This approval shall become null and void unless the use is established within twelve (12) months of the date of this Exhibit. Time extensions may be granted if a written request is received by the Community Development Department within thirty (30) days prior to expiration 5. 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. 6. 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. 7. 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.