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HomeMy WebLinkAboutCC RES 10-89RESOLUTION NO. 10-89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING DESIGN REVIEW 08-011 AND CONDITIONAL USE PERMIT 08-017 TO CONSTRUCT AN ADDITION AND GUEST HOUSE TO AN EXISTING SINGLE FAMILY HISTORIC RESIDENCE ON PROPOSED PARCEL 2 OF TPM 2008-138 (14611 PROSPECT AVENUE); AND CONSTRUCT A NEW SINGLE FAMILY RESIDENCE ON PARCEL 1 (14702 IVERNESS WAY) OF TPM 2008-138. I. The City Council of the City of Tustin does hereby resolve as follows: A. That a proper application for Tentative Parcel Map (TPM) 2008-138, Design Review (DR) 08-011, and Conditional Use Permit (CUP) 08-017 was filed by Tony Barkozia and Noel Prendergast requesting authorization to subdivide an existing 1.075 gross acres parcel located at 14611 Prospect Avenue into two (2) parcels to accommodate a single family dwelling on each parcel. Existing at the subject property is a historic residence which will be maintained and involve the construction of a 4,255 square foot addition and a detached 1,008 square foot garage and 460 square foot guest house at 14611 Prospect Avenue (Parcel 2). Construction of a new 5,807 square foot single family dwelling is proposed on the newly created parcel at 14702 Iverness Way (Parcel 1); B. That the Estate Residential (E-4) zoning designation and Low Density Residential General Plan land use designation allow for the proposed residential project. In addition, the project has been reviewed for consistency with the Air Quality Sub-element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub- element; C. That a public hearing was duly called, noticed, and held for TPM 2008-138, DR 08-011, and CUP 08-017 on August 24, 2010, by the Planning Commission. At said meeting the Planning Commission adopted Resolution No. 4153, 4154, and 4155 recommending that the City Council adopt the Negative Declaration for Tentative Parcel Map 2008-138, Design Review 08-011, and Conditional Use Permit 08-017, and approve Tentative Parcel Map 2008-138, Design Review 08-011 and Conditional Use Permit 08-017; D. That a public hearing was duly called, noticed, and held for said project on September 21, 2010, by the City Council; E. That Tentative Parcel Map 2008-138, Design Review 08-011, and Conditional Use Permit 08-017 is considered a "project" pursuant to the terms of the California Environmental Quality Act. That prior to taking Resolution No. 10-89 Page 1 of 4 action on the project, the Tustin City Council adopted Resolution No. 10-87 finding that the Negative Declaration is adequate for Tentative Parcel Map 2008-138, Design Review 08-011, and Conditional Use Permit 08-017. F. The location, size, architectural features, and general appearance of the proposal will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole. In making such findings, the City Council has considered at least the following items: 1. Height, bulk, and area of proposed structure. 2. Setbacks and site planning. 3. Exterior material and colors. 4. Type and pitch of roofs. 5. Size and spacing of windows, doors, and other openings. 6. Towers, chimneys, roof structures, flagpoles, antennas. 7. Landscaping and parking area design and traffic circulation. 8. Location, height and standards of exterior illumination. 9. Physical relationship of proposed structure to existing structures. 10. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. 11. Development guidelines and criteria as adopted by the City Council. G. That the establishment, maintenance, and operation of the guest house on proposed Parcel 2 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 injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin, and that the location, size, architectural features, and general appearance of the proposed project will not impair the orderly and harmonious development of the area, the present or future development therein, the occupancy thereof, or the community as a whole in that: Tustin City Code Section 9222b2 allows for accessory buildings to be used as guest rooms, provided no cooking facility is installed or maintained, subject to approval of a conditional use permit. 2. The guest house would be located at the rear of the property behind the proposed addition making it more than 100 feet from the Prospect Avenue sidewalk and only minimally visible from the public right of way. 3. The guest house would be accessory to the main residence. i Resolution No. 10-89 Page 2 of 4 4. A deed restriction would be recorded to the property to ensure that the guest house on Parcel 2 would not became a second unit or rented out and no compensation in any form shall be received in conjunction with the use H. The location, size and general appearance of the proposed project as conditioned is compatible with the surrounding area in that the new residence at 14702 Iverness Way (Parcel 1) would be a single story residence as are the majority of the residences in the neighborhood. The addition to the historic residence at 14611 Prospect Avenue (Parcel 2) would be a two story addition which would match the existing two story residence. As conditioned, the proposed addition to the historic residence on Parcel 2 would comply with the Secretary of the Interior's Standards for the treatment of historic properties. II. The City Council hereby approves Design Review 08-011 and Conditional Use Permit 08-017 authorizing the construction a 4,255 square foot addition and a detached 1,008 square foot garage and 460 square foot guesthouse at .14611 Prospect Avenue (Parcel 2) and construction of a new 5,807 square foot. single family dwelling on the newly created parcel at 14702 Iverness Way (Parcel 1), subject to the conditions contained within Exhibit A, attached hereto. PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular .. .. ~ . Q+ ... ..,.... r~nnt~v ~ i uKtrc City Clerk Resolution No. 10-89 Page 3 of 4 STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN 1, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 10-89 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 21St day of September, 2010 by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED COUNCILMEMBER ABSENT: PAMELA STOKER Gity~Clerk Amante, Nielsen, Davert, Palmer Gavello (5) None (0) None (0) None (o> Resolution No. 10-89 Page 4 of 4 EXHIBIT A RESOLUTION NO. 10-89 DESIGN REVIEW 08-011 AND CONDITIONAL USE PERMIT 08-017 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped September 21, 2010, on file with the Community Development Department, as herein modified, or as modified by the Community Development Director in accordance with this Exhibit. The 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. (1) 1.2 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.. (1) 1.3 The subject project approval shall become null and void unless permits for the proposed project are issued and substantial construction is underway within twelve (12) months of the date of this Exhibit. Time extensions may be considered if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1 j 1.4 Approval of Design Review 08-011 and Conditional Use Permit 08-017 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 revised, 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. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENTS (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODES (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTIONS (1) 1.5 The applicant 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 applicant 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 defense of any such action under this condition. (1) 1.6 Any violation of any of the conditions imposed is subject to the issuance of an Administrative Citation pursuant to Tustin City Code Section 1162(a). (1) 1.7 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. PLANNING DIVISION (1) 2.1 The guest house located on Parcel 2 (14611 Prospect Ave) shall not be rented out and no compensation in any form shall be received in conjunction with the use. A deed restriction to this effect shall be recorded with the property prior to issuance of a building permit. (1) 2.2 All new utilities serving the site shall be located underground. (***) 2.3 Prior to grading or building permit issuance and/or the removal of any landscaping the applicant shall submit a landscape/hardscape improvement plan for review and approval by the Community Development Department. Prior to the removal of any mature on-site California native oak trees, the applicant shall make reasonable efforts to save on-site and/or relocate said oak trees subject to the review and approval of the Community Development Department. Additional landscaping shall be provided along the northern and southern property lines to buffer the structures, in particular the proposed guest house on Parcel 2, from the adjacent single family residences. The proposed pool at 14611 Prospect Avenue (Parcel 2) shall be of a design and detail compatible with the existing historic residence. The project shall comply with the City's Water Efficient Landscape Ordinance (TCC Section 9700). (***) 2.4 Prior to building permit issuance, site features and artifacts shall be catalogued/inventoried by the architect and reused or relocated on site when possible. (***) 2.5 The proposed addition shall be differentiated from the existing residence and be compatible with the historic materials, features, size, scale, and proportion, and massing to protect the integrity of the property and its environment in accordance with Standard 9 of the Secretary of the Interior's Standards for the treatment of historic properties. The applicant shall adjust the design of the addition to the satisfaction of the Community Development Director to comply with this standard. BUILDING DIVISION (1) 3.1 At the time of building permit application, the plans shall comply with the California Building Code (CBC), California Mechanical Code (CMC), California Plumbing Codes (CPC), Califomia Electrical Code (CEC), Title 24 Energy Regulations, City Ordinances, and State and Federal laws and regulations. (1) 3.2 A note shall be provided on the final plans that a six (6) foot high chain link fence shall be installed around the site prior to building construction stages. A nylon fabric or mesh shall be attached to the temporary construction fencing. Gated entrances shall be permitted along the perimeter of the site for construction vehicles. (1) 3.3 Pursuant to the City of Tustin's Security Ordinance and the Uniform Fire Code, street numbers shall be displayed in a prominent location on the street side of the residence. The numerals shall be no less than four (4) inches in height and shall be of contrasting color to the background to which they are attached and illuminated during hours of darkness. (1) 3.4 The applicant shall comply with all City policies regarding short-term construction emissions, including periodic watering of the site and prohibiting grading during second stage smog alerts and when wind velocities exceed 15 miles per hour. (***) 3.5 Prior to issuance of a grading or building permit the applicant shall provide a construction phasing and staging plan subject to the review and approval of the Community Development Department. PUBLIC WORKS DEPARTMENT (1) 4.1 This development shall comply with all applicable provisions of the City of Tustin Water Quality Ordinance and all Federal, State, and Regional Water Quality Control Board rules and regulations. (1) 4.2 Preparation of a sedimentation and erosion control plan for all work related to this development shall be required. (1) 4.3 Prior to issuance of a grading permit, a final grading plan, prepared by a California Registered Civil Engineer or Licensed Architect, shall be submitted and approved. The plan shall be consistent with the approved site and landscaping plans. (1) 4.4 A grading bond will be required to assure work is completed in accordance with approved plans prior to permit issuance. The engineer's estimated cost of grading, drainage, and erosion control shall be submitted to the City for approval. (1) 4.5 Adequate horizontal and vertical intersection sight lines shall be provided at intersections with public streets. In general, a 25' x 25' limited use area triangle provides adequate sight at typical driveways. Additional sight evaluation, however, could be required to satisfy City of Tustin Standard Drawings and Design Standards for Public Works Construction No. 510 for all affected streets. The sight lines should be shown on the grading plan and landscape plan. All landscaping within the limited use area must comply with City of Tustin Standard Drawings and Design Standards for Public Works Construction No. 510. (1) 4.6 Prior to issuance of a grading permit, the applicant shall comply with the Federal Clean Water Act and shall prepare a Storm Water Pollution Prevention Plan (SWPPP) to the Santa Ana Regional Board for review. The SWPPP shall be available at the project site for review. (1) 4.7 Prior to any submittals, the applicant shall submit an 8'/2" X 11" address exhibit to the Engineering Division for review and approval. The address exhibit shall be in portable document format (PDF) and shall include the site plan, foot print of building(s), and streets. (1) 4.8 Prior to issuance of a certificate of occupancy, the applicant shall complete street improvements on Prospect Avenue and Iverness Way along the project frontage consisting of: i. Relocation of existing sewer cleanout on Prospect Avenue to private property. Removal of the existing driveway on Prospect Avenue, and replacement with curb, gutter, and sidewalk, and construction of the new driveway on Prospect Avenue shall conform to the City of Tustin Public Works standards and current federal Americans with Disability Act (ADA) requirements iii. Design and reconstruction of existing sidewalk along the whole project frontage along Prospect Avenue to the City of Tustin Public Works Standards and the current federal Americans with Disability Act (ADA) requirements. The sidewalk appears to have been damaged by existing private trees and has an excessive crossfall along the frontage. iv. Design and reconstruction of approximately 15 linear feet of existing concrete curb and gutter, and approximately 136 square feet of existing sidewalk along Iverness Way. This portion of sidewalk, curb and gutter appears to have been damaged by existing private trees. (1) 4.9 An encroachment permit shall be required for work within the public right- of-way. Prior to issuance of an encroachment permit, the applicant shall submit to the Public Works Department 24" x 36" street improvement plans, as prepared by a California Registered Civil Engineer. The plans shall clearly show existing and proposed surface and underground improvements, including construction and/or replacement of any missing or damaged public improvements adjacent to this development. Plans must follow the latest City of Tustin Water Standards and the American Water Works Association (AWWA) guidelines. In case of a conflict, the City of Tustin Water Standards shall prevail. (1) 4.10 Current federal Americans with Disabilities Act (ADA) requirements shall be met at all driveways and sidewalk adjacent to the site. (1) 4.11 Any damage done to existing public street improvements and/or utilities shall be repaired to the satisfaction of the City Engineer before issuance of a Certificate of Occupancy. (1) 4.12 In accordance with the plans, a backflow prevention device may be required to protect the public water system from cross connections. If a building sprinkler system is required by the Orange County Fire Authority (OCFA), the applicant shall be required to provide a backflow prevention device at his or her expense to prevent cross contamination with the public water system. (1) 4.13 Any easements for construction and maintenance of public water facilities within private property shall be reviewed and approved by the Public Works Department prior to recordation with the Orange County Clerk- Recorder. The applicant shall submit a legal description and sketch of the area to the Public Works Department for review and approval, as prepared by a California Registered Civil Engineer or California Licensed Land Surveyor. (1) 4.14 The applicant is responsible for all costs related to the installation, upgrade, alteration, relocation or abandonment of all existing City of Tustin public water facilities affected by the proposed project. (1) 4.15 The project is within the East Orange County Water District (EOCWD) service area, arelease/approval from EOCWD shall be obtained prior to receiving water service from the City of Tustin. The applicant shall submit a water permit application to EOCWD, and is responsible for all application, connection and other EOCWD fees. (1) 4.16 The adequacy of a proposed water system plan for a proposed development project, including the number, size and distribution of fire hydrants, must be reviewed by the Orange County Fire Authority (OCFA). Plans meeting OCFA fire protection requirements must be stamped and approved by that agency. (1) 4.17 The proposed domestic water system plans must conform to all applicable regulations enforced by the Orange County Health Department. (1) 4.18 The applicant/contractor is required to submit a Construction and Demolition Waste Recycling and Reduction Plan (WRRP) to the Public Works Department. The WRRP must indicate how the applicant will comply with the City's requirement (City Code Section 4351, et al) to recycle at least 50% of the project waste material. The applicant will be required to submit a $50.00 application fee and a cash security deposit. Based on the review of the submitted Waste Management Plan, the cash security deposit will be determined by the Public Works Department in an amount not to exceed 5% of the project's valuation. Prior to issuance of any permit, the applicant shall submit the required security deposit in the form of cash, cashier's check, personal check, or money order made payable to the "City of Tustin". (1) 4.19 In addition to the normal full-size map and plan submittal, all final maps and plans including, but not limited to, tract maps, parcel maps, right-of- way maps, records of survey, public works improvements, private infrastructure improvements, final grading plans, and site plans shall be submitted to the Public Works Department in computer aided design and drafting (CADD) format to the satisfaction of the City Engineer. The standard file format is AutoCAD Release 2007, or latest version, having the extension "DWG". All layering and linetype conventions are AutoCAD- based. (Latest version available upon request from the Public Works Department). The CADD files shall be submitted to the City at the time plans are approved, and updated CADD files reflecting "as built" conditions shall be submitted once all construction has been completed. No project bonds will be released until acceptable "as built" CADD files have been submitted to the City (1) 4.20 Prior to issuance of a building permit(s), payment of the Major 5 Thoroughfare and Bridge Fees to the City of Tustin (through the Public ! Works Department) shall be required. (1) 4.21 Prior to issuance of any building permit(s), the applicant shall provide written approval from the Orange County Sanitation District. (1) 4.22 Parcel 1 (14702 Iverness Way) will require the installation of a new sewer lateral. OCSD maps indicate that there is a sewer available on Iverness for the property to connect to. The connection shall be constructed to OCSD standards and applicable connection as well as inspection fees will also need to be collected prior to the issuance of a permit. ORANGE COUNTY FIRE AUTHORITY (OCFA) (5) 5.1 The applicant shall obtain approval of the Fire Chief for all fire protection access roads to within 150 feet of all portions of the exterior of the structure. The applicant may contact the OCFA at (714) 573-6100 or visit the OCFA website to obtain a copy of the "Guidelines for Emergency Access." (5) 5.2 The applicant shall provide evidence of adequate fire flow. The "Orange Courity Fire Authority Water Availability for Fire Protection" form shall be signed by the applicable water district and submitted to the Fire Chief for approval. (5) 5.3 The applicant shall submit plans for the required automatic fire sprinkler system in all proposed structures to the Fire Chief for review and approval. Please contact the OCFA at (714) 573-6100 to request a copy of the "Orange County Fire Authority Notes for New NFPA 13 Commercial Sprinkler Systems." Prior to the issuance of a certificate of occupancy, this system shall be operational in a manner meeting the approval of the Fire Chief. FEES (1) 6.1 Prior to issuance of any permits, payment shall be made of all applicable fees, including but not limited to, the following: • Building Plan Check and Permit Fees • Grading Plan Check and Permit Fees • New Development Fees • School Fees • Orange County Fire Authority Fees • Major Thoroughfare and Bridge Fees (1) 6.2 Within forty-eight (48) hours of final approval of the 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 that 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.