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HomeMy WebLinkAboutZAA 26-001ZONING ADMINISTRATOR ACTION 26-001 MINOR ADJUSTMENT (MA) 2026-0001 15501 PASADENA AVENUE The Zoning Administrator of the City of Tustin, California does hereby resolve as follows: I. The Zoning Administrator finds and determines as follows: A. That a proper application for Minor Adjustment (MA) 2026-0001 was filed by the City of Tustin, to exceed the Tustin City Code’s (TCC) maximum height standards for fences by 20 percent and allow the installation of an eight-foot- high fence along the rear property line located at 15501 Pasadena Avenue. B. That conditions at the project location are unique in that the project site backs up to the 55 Freeway and such conditions has made it difficult to secure the property along the rear property line. C. That various measures have been implemented to secure the rear of the property; however, said measures have been bypassed and safety and security issues persist. D. That people use the area at the rear property line as an escape route to evade encounters with Tustin Police. E. That the City is requesting the installation of the subject eight-foot-high fence to create a solid and taller barrier between the subject property and the 55 Freeway. F. That pursuant to TCC Section 9299b(1)c and 9299b(1), an increase in 20 percent in the maximum permitted height (six feet eight inches) of a fence, solid hedge, or wall shall require the approval of a MA by the Zoning Administrator. G. That a public hearing was duly called, noticed, and held for MA 2026-0001 on April 16, 2026, by the Zoning Administrator. H. That pursuant to TCC Section 9299c(3)a, a MA shall be granted only when such adjustment is found to be in conformance with the General Plan and when, because of special circumstances applicable to the property, including size, shape, topography, or surroundings, the strict application of the Zoning Ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. Any minor adjustment granted shall be subject to such conditions as will assure that the Docusign Envelope ID: 9A753DC5-9EFD-4B71-950D-7F84E963A935 ZAA 26-001 MA 2026-0001 adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and district in which the subject property is situated. 1. The site is unique in that it backs up to the adjacent Caltrans right-of-way that is unsecured, and as designed, does not enhance security by fostering territoriality, natural surveillance, and clear property delineation to reduce crime. Furthermore, the subject property is located adjacent to an area of the Caltrans right-of-way that makes it more attractive for recurring nuisances such as trespassing and vandalism. The site conditions also make law enforcement more of a challenge than in other parts of the neighborhood or where this condition does not exist. 2. The proposed increased height does not constitute a granting of special privileges, as it allows the property to achieve a level of security comparable to other properties not affected by similar conditions in the general area and other parts of the City. 3. The gap is located near the Caltrans right-of-way, and the applicant is unable to modify or encroach into Caltrans property. The proposed wall therefore represents a feasible on-site solution to restrict access and secure the subject property. 4. The request to exceed the TCC’s maximum fence height standards for the installation of an eight-foot-high fence is a proportional response to documented safety and security concerns. 5. The proposed increased fence height supports General Plan Policy 6.5 that promotes the use of defensible space concepts (site and building lighting, visual observation of open spaces, secured areas, etc.) in project design to enhance public safety. I. This project is Categorically Exempt pursuant to Section 15301 (Class 1) of the California Code of Regulations (Guidelines for the California Environmental Quality Act). Docusign Envelope ID: 9A753DC5-9EFD-4B71-950D-7F84E963A935 ZAA 26-001 MA 2026-0001 II. The Zoning Administrator hereby approves MA 2026-0001, a request to install an eight-foot fence along the rear of the property located at 15501 Pasadena Avenue, 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 16th day of April 2026. ALEXA SMITTLE ZONING ADMINISTRATOR VERA HURTADO RECORDING SECRETARY STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, VERA HURTADO, the undersigned, hereby certify that I am the Recording Secretary of the Zoning Administrator of the City of Tustin, California; that Zoning Administrator Action No. 26-001 passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 16th day of April, 2026. ______________________________ VERA HURTADO RECORDING SECRETARY Docusign Envelope ID: 9A753DC5-9EFD-4B71-950D-7F84E963A935 SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION EXHIBIT A MINOR ADJUSTMENT 2026-0001 CONDITIONS OF APPROVAL 15501 PASADENA AVENUE TCC SECTION GENERAL COMPLETE RESPONSIBLE DEPT 9291(d) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped April 16, 2026, on file with the Community Development Department, as herein modified, or as modified by the Community Development Director 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 (TCC). Ongoing Planning 9291(a) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified. Ongoing Planning 9293(b) 1.3 This approval shall become null and void if the project is not established within twelve (12) months of the date of this Exhibit. Time extensions may be granted if a written request and associated fee is received by the Community Development Department within thirty (30) days prior to expiration. Ongoing Planning 1 1.4 Approval of MA 2026-0001 is contingent upon the property owner signing and returning to the Community Development Department a Upon approval Planning Docusign Envelope ID: 9A753DC5-9EFD-4B71-950D-7F84E963A935 Exhibit A - Conditions of Approval MA 2026-0001 April 16, 2026 Page 2 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 Community Development Director and evidence of recordation shall be provided to the Community Development Department. 1 1.5 As a Condition of Approval of MA 2026-0001, the property owner shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision-making body, including staff, concerning this project. The City agrees to promptly notify the property owner of any such claim or action filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in the defense of any such action under this condition. Ongoing Planning 1162(a) 1.6 Any violation of any of the conditions imposed is subject to issuance of an Administrative Citation pursuant to TCC Section 1162(a). Ongoing Planning 1123(a) 1.7 The property owner shall be responsible for costs associated with any necessary code enforcement action, including attorney’s fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. Ongoing Planning Docusign Envelope ID: 9A753DC5-9EFD-4B71-950D-7F84E963A935 Exhibit A - Conditions of Approval MA 2026-0001 April 16, 2026 Page 2 9293(c) 1.8 MA 2026-0001 may be reviewed on an annual basis, or more often, if necessary, by the Community Development Director. The Community Development Director shall review the adjustment to ascertain compliance with the Conditions of Approval. If the adjustment is not operated in accordance with MA 2026-0001 or is found to be a nuisance or negative impacts are affecting the surrounding neighborhood, the Community Development Director shall impose additional conditions to eliminate the nuisance or negative impacts or may initiate proceedings to revoke the MA. Ongoing Planning 9273 1.9 Any modification or alteration to the existing site shall require a building permit and shall be consistent with TCC Section 9273, Legal Non-conforming Structures and Uses. Ongoing Planning USE RESTRICTIONS *** 2.1 This approval authorizes a MA from the strict application of TCC provisions for maximum fence height to allow an anti-climb mesh fence at a maximum height of eight feet located at the rear property line of 15501 Pasadena Avenue. Ongoing Planning 9403(a) 2.2 A building permit shall be applied for and obtained from the Community Development Department prior to constructing, erecting, altering, replacing, and moving any fence. Prior to construction Building 9271(i)4 2.3 The fence provided herein shall be measured and constructed pursuant to development standards of the Building Department. Ongoing Building 1 2.4 Any proposed changes in material, height, or location shall be reviewed and approved by the Community Development Director. Ongoing Planning 1 2.5 The approved fence shall be maintained in good condition at all times, free of damage and graffiti. Graffiti or any other vandalism, including damage shall be repaired or removed within 48 hours. Ongoing Planning Docusign Envelope ID: 9A753DC5-9EFD-4B71-950D-7F84E963A935 Exhibit A - Conditions of Approval MA 2026-0001 April 16, 2026 Page 2 1 2.6 No temporary or permanent structures or other items shall be placed in front of the fence so as to obstruct visibility. Ongoing Planning 1 2.7 Fence materials shall be approved by the Tustin Police Department (TPD) and the Community Development Director prior to building permit issuance. Prior to building permit issuance Planning/Police Department 1 2.8 The business owner shall maintain a video surveillance system. The surveillance system shall include cameras that face the fence. Electronic copies of videos shall be made available to the TPD within forty-eight (48) hours of request. Camera locations must be reviewed and approved by the Police Department. Prior to building permit issuance Police Department PUBLIC WORK DEPARTMENT SOLID WASTE RECYCLING CONDITIONS 1 3.1 Construction and Demolition Waste Recycling and Reduction Plan (WRRP). a. The property owner/contractor is required to submit a WRRP to the Public Works Department. The WRRP must indicate how the property owner/contractor will comply with the City’s requirement (City Code Section 4351, et al) to recycle at least 65 percent of the project waste material or the amount required by the California Green Building Standards Code. b. Prior to the issuance of, any building or demolition permit that involves the creation of construction and demolition debris, Prior to Issuance of First Permit Public Works Department Docusign Envelope ID: 9A753DC5-9EFD-4B71-950D-7F84E963A935 Exhibit A - Conditions of Approval MA 2026-0001 April 16, 2026 Page 2 each property owner/contractor for covered projects shall pay to the City an application fee in the amount set forth in a resolution of the City Council sufficient to cover the City's costs of reviewing an application and monitoring compliance with this section and/or the WRRP, or reviewing an application for exemption. c. Security deposit. In addition to the application fee, each property owner/contractor shall deposit with the City a security deposit as security for performance. The security deposit is remitted at the same time the permit application is filed. The security deposit may be in the form of cash, cashier's check, personal check, money order, or may be applied to a credit card in accordance with standards set by the Finance Department. Non-residential projects shall submit a security deposit in the amount of five (5) percent of the project's valuation as determined by the Building Official, rounded to the nearest thousand, or two thousand five hundred dollars ($2,500.00), whichever is greater. In no event shall a deposit exceed twenty-five thousand dollars ($25,000.00). MISCELLANEOUS CONDITIONS FEES 1 4.1 Within forty-eight (48) hours of approval of the subject project, the property owner shall deliver to the Community Development Prior to Applying for Permits Planning Docusign Envelope ID: 9A753DC5-9EFD-4B71-950D-7F84E963A935 Exhibit A - Conditions of Approval MA 2026-0001 April 16, 2026 Page 2 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 property owner 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. Docusign Envelope ID: 9A753DC5-9EFD-4B71-950D-7F84E963A935