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HomeMy WebLinkAboutPC RES 3617RESOLUTION NO. 3617 12 13 15 17 3.8 19 2O 21 22 23 24 25 26 27 28 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING DESIGN REVIEW 98-015 FOR CONSTRUCTION OF 46 SINGLE FAMILY RESIDENTIAL UNITS WITHIN FINAL TRACT MAP 15563 IN THE VICINITY OF TUSTIN RANCH ROAD AND PIONEER WAY The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: mo That a proper application, Design Review 98-015, was filed by Standard Pacific requesting approval to construct 46 single family residential units on 106.3 acres within Final Tract Map (FTM) 15563; Bo Proposed construction activities are consistent with Hillside Review 96-002, approved in conjunction with Tentative Tract Map 14396 and no modifications have been requested. Ce That said application was considered by the Planning Commission on September 14, 1998. · De That Environmental Impact Report EIR 85-2, as amended, for the East Tustin Specific Plan has been recommended for certification in conformance with the requirements of the California Environmental Quality Act; E. Pursuant to Section 9272 of the Tustin Municipal Code, the Commission finds that the location, size, architectural features and general appearance of the proposed development 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 Commission has considered at least the following items: 1. Height, bulk and area of buildings. 2. Setbacks and site planning. 3. Exterior materials and colors. 4. Type and pitch of roofs. 5. Size and spacing of windows, doors and other openings. 6. Towers, chinmeys, roof structures, flagpoles, radio and television antennae. 7. Landscaping, parking area design and traffic circulation. Planning Commission Resolution No. 3617 September 14, 1998 Page 2 4 s 6 s 9 to 11 lz 13 14 is 16 17 la 19 20 21 22 23 24 zs 26 27 28 29 8. Location, height and standards of exterior illumination. 9. Location and appearance of equipment located outside of an enclosed structure. 10. Location and method of refuse storage. 11. Physical relationship of proposed structures to existing structures in the neighborhood. 12. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. 13. Proposed signage. 14. Development Guidelines and criteria as adopted by the City Council. F. That the proposed deviations from the City's street improvement standards for lot "T", as conditioned to be approved by the Building Official, will have no impact on public safety in that the private drive will not preclude emergency access and overall vehicular circulation as the drive only serves two dwelling units and does not affect the main backbone street system. II. The Planning Commission hereby approves Design Review 98-015 to construct 46 single family residential units on 106.3 acres within Final Tract Map (FTM) 15563, subject to conditions contained in Exhibit A attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 14th day of September, 1998. -, r ~~ - ~~ LESLIE A. P NTIOUS Chairperson ELIZABETH A. BINSACK Planning Commission Secretary Planning Commission Resolution No. 3617 Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ELIZABETH A. BINSAC~ the undersized, hereby certify that I am the Planning Comrnission Secretary of the City of Tustin, California; that Resolution No. 3617 was duly passed and adopted at meeting of the Tustin Planning Commission, held on the 14th day of September, 1998. 9 ELIZABETH A. BINSACK :0 Planning Commission Secretary 13 18 21 24 27 21t EXHIBIT A CONDITIONS OF APPROVAL DESIGN REVIEW 98-015 RESOLUTION NO. 3617 GENEIL&I_, 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped September 14, 1998, on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Director of Community Development may also approved 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 of the Community Development Department.(1) 1.3 The subject project approval shall become null and void unless permits for the proposed project are issued within eighteen (18) months of the date of this Exhibit and substantial construction is .underway. Time extension mY be granted if a written request is received by the Community Development Department within thirty (30) days prior to expiration.(1) 1.4 Approval of Desigu Review 98-015 is contingent upon the applicant and property owner signing and returning an "Agreement to Conditions Imposed" form as established by the Director of Community Development.(1) 1.5 The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of a challenge of the City' s approval of this project.(1) 1.6 Applicable provisions of Resolutions 3539 and 3540 (Tentative Tract Map 14396 and Design Review 90-49) are herein incorporated into approval of Design Review 98- 0~5.(~) (1) (z) O) (4) STANDARD COI~q)ITION CEQA MITIGATION UNIFORM BU]I,DING CODE/S DESIGN REVIEW EXCEPTIONS .SOURCE CODES RESPONSIBLE AGENCY REQLIIREi~fENTS (6) LA.NI)SCAPENG GUIDEL12¥ES (7) PC/CC POLICY Exhibit A of Resolution NO. 3617 Page 2 PLAN SUBMITTAL 2.1 When submitting for a building permit, submit four sets of plans, m'o sets of structural and energy calculations, acoustical reports, specifications and soils reports. Electrical, mechanical and plumbing plans shall be included. Grading plans, landscape plans, sales office plans and signs plans shall be submitted separately.(3) 2.2 Plans shall comply with applicable codes, City Ordinances and the state and federal laws and regulations to include (3): 1994 Uniform Building Code with California Amendments 1994 Uniform Mechanical Code with California Amendments 1994 Uniform Plumbing Code with California Amendments 1993 Nafiohal Electrical Code with California Amendments T-24 California Disabled Access Regulations T-24 California Energy Efficiency Standards City of Tustin Grading Ordinance City of Tustin Landscape and Irrigation Guidelines City of Tustin Private Improvement Standards City of Tustin Security Ordinance 2.3 Revised street improvement plans shall be submitted for review and approval of lot "T", a private drive providing access to lots 28 and 29.(3) 2.4 Landscaping plans for the temporary sales trailer and model homes sales complex shall be submitted for review and approval by the Community Development Department. Street tree and specimen tree choice shall be consistent with the landscaping plan approved in conjunction with Final Tract Map 15563.(6) SITE AiNq) BUILDING coNDITIONS. 3.1 All final exterior colors to be used shall be subject to review and approval of the Director of Community Development. All exterior treatments shall be coordinated Mth regard to color, materials, and detailing and noted on submitted construction plans and elevations.(1) 3.2 The applicant shall note on final plans that a six-foot high chain link fence shall be installed around the site prior to building construction phases. Gated entrances shall be permitted along the perimeter of the site for construction vehicles.(1) Exhibit A of Resolution No. 3617 Page 3 3.3 All mechanical and electrical fixtures and equipment shall be adequately and decoratively screened. The screen shall be considered as an element of the overall design of the project and shall blend with the architectural design of buildings. All telephone and electrical boxes shall be indicated on the building plans and shall be completed screened. Electrical transformers shall be located toward the inter/or of the project maintaining a sufficient distance to minimize visual impacts on the entry point on Pioneer Road.(1) 3.4 The location of air conditioning condenser units and the noise level associated with their operation shall comply with the City of Tustin Noise Ordinance. These units shall be located a minimum of 10 feet from nei~boring windows.(1) USE RESTRICTIONS 4.1 Prior to the issuance of any building permits, the applicant shall record a "Declaration of Parking Restrictions"'to' prohibit on-street parking on Collar Avenue (lot "E"), Comer Lane (lot G"), Tubbs Drive (lot 'T'), and Padias Lane (lot "J"), Jones Lane (lot "H"), and lot "T" and require future property owners on lots 2, 4, 5, 6, 7, 8, 9, 10, 11, 19, 20, 21, 22, 23, 24, 25, 26, 27, 30, 31, 32, 33, 34, 35, 36, 37, 38, and 39 to permanently maintain required covered parking spaces and on-site guest parking spaces. The applicant shall submit a draf~ form for review and approval by the City Attorney and Community Development Deparmaent prior to recordation.(1 )' 4.2 Prior to the issuance of any building permits, the applicant shall record a "Declaration of Use Restrictions" for Plan 2 models (lots 5, 7, 9, 12, 13, 14,'17, 20, 27, 29, 31, 34, 39, and 41) to prevent the detached portion of the home from being used as a second unit. The applicant shall submit a deed restriction for review and approval by the City Attorney and Community Development prior to recordation.(1) 4.3 The temporary sales trailer shall be closed to the public and removed w/thin 30 days of the date on wkich the model home sales office opens.(1) 4.4 The model home sales office shall be closed to the public and converted for occupancy within 90 days of the date on which the. last home in the same style is sold (date of recordation).(1) PUBLIC WORKS DEPARTMENT 5.1 All landscaping along Pioneer Road (public portion) shall be maintained by the homeowner' s association.(1) 5.2 All grading along Pioneer Road (public portion) shall be in conformance with City Standard no. 1.04-C.(1) Exhibit A of Resolution No. 3617 Page 4 5.3 Landscape maintenance of all lettered lots shall be the responsibility of the homeox~mer's association.(1). 5.4 Preparation and submittal of a final ~ading plan showing all pertinent elevations as they pertain to the public right-of-way along with delineating the following information: a. Final street elevations at key locations. bo Final pad/firfished floor elevations and key elevations for all site grading. All pad elevations to be a minimum of 1.0 foot above base flood elevation as defined by FEMA. c. All flood hazards of record.(1) 5.5 Any damage done to existing street improvements and utilities shall be repaired Before acceptance of the tract and/or issuance of a Certificate of Occupancy for the development on any parcel within the subdivision.(1). 5.6 Prior to any work in the public ri~t-of-way, an Encroachment Permit must be obtained fi-om and applicable fees paid to the Public Works Department.(1) 5.7 Developer(s) obligation to make potential buyers of subdivided lots aware of potential liens/assessments against the subdivided properties as follows: · a. Reassessment District 95-2; and, City of Tustin Landscape and Lighting District.(1) 5.8 In addition to the normal, full size plan submittal process, all final development plans including, but not limited to: tract maps, parcel maps, fight-of-way maps, records of survey, public works improvements, private infi'astmcture improvements, final grading plans, and site plans are also required to be submitted to the Public Works Department/Engineering Division in computer aided design and. drafting (CAI)D) format. The standard file 'format is AutoCAD Release 13 or 14 having the extension DWG. Likewise, layering and linetype conventions are AutoCAD-based (latest version available upon request fi'om the En~-qneering Division). In order to interchangeably utilize the data contained in the infrastructure mapping system, CADD drawings must be in AutoC.~I) "DWG" format (i.e., produced using AutoCAD or AutoCAD compatible software). The most current version of AutoCAD is Release 14. Drawings created in AutoCAD Release 13 or Release 12 are compatible and acceptable.(1) 5.9 Compliance with all applicable conditions of approval of previously approved Tract No. 13627, Tentative Tract No. 14396, and Final Tract Map 15563 is required.(1) Exhibit A of Resolution No. 3617 Page 5 5.10 This development shall be phased so that all construction access will be taken through Pioneer Road. No temporary access locations will be permitted.(1) POLICE DEPARTMENT 6.1 Any future vehicle control gates at the entrance are to be desig-ned and equipped with an approved Knox Box system key override switch.(1) ORANGE COUNTY FIRE AUTHORITY 7.1 Prior to the issuance of building permits, the subdivider shall submit water improvement plans to the Fire Chief for review and approval to ensure adequate fire protection and financial security is posted for the 'installation. The water system design, location of valves, and distribution of the fire hydrants will be evaluated and approved by the Fire Chief.(5) 7.2 Prior to the issuance of any building permits, the applicant shall submit to the Fire Chief evidence of the on-site fire hydrant system and indicate whether it is public or private. If the system is private, the system shall be reviewed and approved by the Fire Chief prior · to the issuance of building permits. Provisions shall be made by the applicant for the repair and maintenance of the system, in a manner meeting the approval of the Fire Chief.(5) 7.3 Prior to the issuance of building permits, a note shall be placed on the map stating that R- 3 structures greater than 5,500 square feet or structures out of Fire Authority access of 150 feet shall be protected by an automatic fire sprinkler system, in a manner meeting the approval of the Fire Chief.(5) 7.4 Prior to the issuance of building permits, the applicant shall obtain approval of the Fire Chief of all fire protection access easements and shall dedicate them to the City. The CC&R's shall contain provisions which prohibit obstructions within the fire protection access easement. The approval of the Fire Chief is required for any modifications such as speed bumps, control gates or other changes within said easement. The gradient for Fire Authority access roads shall not exceed 10 percent. This may be increased to a maximum of 15 percent when all structures served by the access road are protected by automatic fire sprinkler systems.(5) 7.5 The following conditions pertain to the fuel modification plan: Prior to the issuance of any building permits, the applicant shall obtain the Fire Chief's approval, in consultation' with the Manager, Environmental and Project Planning, of a conceptual fuel modification plan and program. Contact the Orange County Fire Authority Development Review Section at' (714) 744-0477. Exhibit A of Resolution No. 3617 Page 6 bo Prior to the issuance of any grading permits, the applicant shall obtain the Fire Chief's approval, in consultation with the Manager, Environmental Project Plmming, of a precise fuel modification plan and program. The plan shall indicate the proposed means of achieving an acceptable level of risk to structures by vegetation. Include .the method (mechanical or hand labor) for removal of combustible vegetation and the planting of drought tolerant fire resistant plants. Co. Prior to the issuance of building permits, the developer shall have completed, under the supervision of the Fire Chief, that portion of the approved fuel modification plan determined to be necessary by the Fire Chief before the introduction of any combustible materials into the project area. d. Prior to the issuance of any certificate of use and occupancy, the remainder of the fuel modification shall be installed and completed under the supervision of the Fire Chief. Further, the installed fuel modification shall be established to a degree meeting the approval of the Fire Chief. The CC&R's shall contain provisions for maintaining the fuel modification zones including the removal of all dead and dying vegetation and the inspection and correction of any deficiencies in the irrigation system three times a year.(5) 7.7 Prior to the issuance of any grading permits, the applicant shall submit and obtain · approval of preliminary plans for all streets and courts, public or private, fi.om the Fire Chief in consultation with the Manager, Traffic Engdneering. The plans shall include the plan view, sectional view, and indicate the width of the street or court measured flow line to 'flow line. All proposed fire apparatus turnar0unds shall be clearly marked when a dead-end street exceeds 150 feet or when other conditions require.(5) 7.8 Prior to the issuance of any grading permits, the applicant shall submit and obtain approval, fi.om the Fire Chief for street improvement plans with fire lanes shov, m. The plans shall indicate the locations of red.curbing and signage. A drawing of the proposed signage with the height, stroke and color of lettering and the contrasting background color, shall be submitted to and approved by the Fire Chief.(5) 7.9 Prior to the issuance of the certificate of use and occupancy, the approved fire lane marking plan shall be installed. The CC&R's shall contain a fire lane map and provisions which prohibit parldng in the fire lanes. A.method of enforcement shall be included.(5) 7.10 Prior 'to the issuance of any building permits for combustible construction, the developer shall submit and obtain the Fire Chief's approval of a letter and plan stating that water for fire fighting purposes sand an all weather fire access road shall be in place and operational as required by the Uniform Fire Code before and combustible materials are placed on the site.(5) Exhibit A of Resolution No. 3617 Page 7 7.11 Prior to the issuance of any building permits, and Orange County Fire Authority Water Availability Form shall be submitted to and approved by the Plan Review Section of the OCFA. If sufficient water to meet fire flow requirements is not available, an automatic fire extinguishing system shall be installed in each structure, in a manner meeting the approval of the Fire Chief.(5) 7.12 Prior to tl~e issuance of any building permits on those lot(s) determined applicable by the Fire Chief, plans for the automatic fire sprinkler system shall 'be submitted to and approved by the Fire Chief'prior to installation. This system shall be operational prior to the issuance of a certificate of use and occupancy.(5) 7.13 Prior to the issuance of any certificates of use' and occupancy, all fire hydrants shall have a "Blue Reflective Pavement Marker" indicating its location on the street or drive per the Orange Co. unty Fire Authority Standard and approved by the Fire Chief. On private property, these markers are to be maintained in good condition by the property owner.(5) FEES 8.1 Prior to issuance of any building permits, payment shall be made of all applicable fees, including but not limited to the following. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. ao Building plan check and permit fees to the Community Development Department based on the most current schedule. b. Orange County Fire Authority plan check and inspection fees to the Community Development Department based upon the most current schedule. Co New development fees to the Community Development Department in the amount of $350.00 per unit. · · d. Major thorouglffare and bridge fees to the Tustin Public Works Department in the amount of 5; 2670.00/dwelling unit. eo School facilities fee to the Tustin Un/fled School District subject to any agreement reached and executed between the District and the applicant. f. Water and sewer connection fees to the lrvine Ranch Water District.(1) Exhibit A of Resolution No. 3617 Page 8 8.2 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 $38.00 (thirty eight dollars) 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 siom'tificantly lengthened.(1)(5)