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HomeMy WebLinkAboutPC RES 344210 11 12 13 14 15 16 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 3442 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING DESIGN REVIEW 96-014 TO CONSTRUCT A TWO-LEVEL PARKING GARAGE WITH TWO ON-SITE APARTMENT BUILDINGS RELOCATED ON THE TOP LEVEL, AND VARIANCE 96-003 TO DECREASE THE FRONT SETBACK FROM 15 FEET TO 7.5 FEET AND REDUCE THE MINIMUM DISTANCE BETWEEN BUILDING REQUIREMENT FROM 15 FEET TO 11.5 FEET ON THE PROPERTY LOCATED AT 1602 NISSON ROAD. The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: ne That a proper application, Design Review 96- 014 and Variance 96-003 was submitted by Matlin Dvoretzky & Partners requesting approval to relocate two existing on-site apartment buildings above a proposed new two- level, garage, and a Variance, to reduce the front setback from 15 feet to 7.5 feet and reduce the minimum distance between building requirement from 15 feet to 11.5 feet on the property located at 1602 Nisson Road; and .B. That a public hearing, was duly called, noticed and held on said application on May 28, 1996 by the Planning Commission; and D · 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. . Size and spacing of windows, doors and other openings. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution 3442 Page 2 · Towers, chimneys, roof structures, flagpoles, radio and television antennae. . Landscaping, parking area design and traffic circulation. o Location, height and standards of exterior illumination. o Location and appearance of equipment located outside of an enclosed structure. 10. Physical relationship of proposed structures to existing structures in the neighborhood. 11. Appearance and design relationship of proposed structure to existing structures and possible feature structures in the neighborhood and public thoroughfares. 12. Development Guidelines and criteria as adopted by the City Council. That granting of a Variance, to reduce the front setback from 15 feet to 7.5 feet and reduce the minimum distance between building requirement from 15 feet 11.5 for the proposed parking structure, can be supported by the following findings: . Grantinq of the Variance will not constitute a special privileqe inconsistent with the limitations upon other properties in the vicinity and zoninq district in which the subject property is situated - All developed residential properties are required to provide off-street parking in accordance with the parking standards in'place at the time of development. The primary intent of the project proposed is to comply with 'this requirement. No increase in the number of dwelling units is proposed. Therefore, no special privilege will be granted as a result of approving this Variance request. 2 10 11 12 13 14 15 16 18 19 20 21 22 23 24 25 26 27 28 Resolution 3442 Page 3 . There are special 'circumstances applicable to the shape, size, location, topography or surroundinqs such that the strict application of the zoning ordinance deprives the property of privileqes enioyed by other property in the vicinity and under the identical zoninq classification -'There are special circumstances applicable to the size, shape and surroundings of the subject property which restrict the development of the parking structure to a tightly defined project site. The most recent ~idening of the Interstate 5 Freeway resulted the removal of a 17,178 square-foot wedge, with a maximum depth of 70 feet, from the frontage of the subject property. The remaining frontage is curved in such a manner that east end of the proposed structure is at the minimum setback line, but the west end encroaches 7.5 feet into the required 15-foot setback area. Only the exterior walls of the proposed parking structure will encroach into the front setback. The act.ual dwelling units atop the structure will be at least 43.5 feet from the front property line. If the proposed structure was repositioned to stay entirely ~ehind the setback line, several undesirable site conditions would result: a . Approximately 150 feet of an existing sewer line north of Buildings G and H would have to be relocated to accommodate the foundation of the parking structure. bo The west end of the proposed structure will be placed extremely close to the patio and balcony at the west end of Building G. c. ' A required fire exit path at the northeast end of Building K will be reduced to two feet, eight inches, whereas the Fire Code requires a minimum width of three feet, eight inches. 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 ResOlution 3442 Page 4 The proposed building separation is dictated by the length of the proposed parking structure, which, in turn, is determined by the combined length of the two apartment buildings to be relocated on top of it. The existing buildings on the subject property are constraints to the placement of the proposed parking st'ructure which cannot be avoided. The actual dwelling unit at the east end of the proposed structure is.more than 17 feet. At the west end, the adjacent exterior walls of the two apartment buildings have no doors, windows or other openings, so no intrusion of privacy will result due to the reduced building separation. F o That this project is Categorically Exempt from the requirements of the California Environmental Quality Act, pursuant to Section 15302 (Class 2). G o That 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. II. 'The Planning Commission hereby approves Design Review 96-014 authorizing the construction of a two-level parking garage with two on-site apartment buildings relocated on the top level, and Variance 96-003 to reduce the front setback from 15 feet to 7.5 feet and reduce the minimum distance between building requirement from 15 feet to 11.5, feet on the property located at 1602 Nisson Road, subject to the conditions contained in Exhibit A, attached hereto. PASSED ANDADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 28th day of May 1996. Recording Secretary ~ '//._M~~-RIE K~ALEK Ch~'i rwoman 10 11 12 13 14 15 16 18 19 20 21 22 23 24 25 26 27 28 Resolution 3442 Page 5 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, BARBARA REYES, the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3442 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 28th day of May, 1996. Recording Secretary EXHIBIT A RESOLUTION NO. 3442 CONDITIONS OF APPROVAL DESIGN REVIEW.96-014 AND VARIANCE 96-003 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans date stamped May 28, 1996 on file with the Community Development Department as herein modified or as modified by the Director of Community Development in accordance with this Exhibit. (1) 1.2 Unless otherwise specified, the conditions contained in the 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 Design Review and Variance approval shall become null and void unless building permits are issued within eighteen (18) months of the date of this Exhibit. (1) 1.4 The applicant shall sign and return an Agreement to Conditions Imposed form prior to issuance of building permits. (1) 1.5 The applicant and property owner shall hold harmless and defend the City of Tustin for all claims and liabilities arising out of the 'City's approval of the entitlement process for this project. PLAN SUBMITTAL (3) 2.1 At building plan check, the following items shall be submitted: no Construction plans, structural calculations and Title 24 energy calculations. Requirements of the Uniform Building Codes, State Handicap and Energy Requirements shall be complied with as approved by the Building Official. 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 -Conditions of Approval DR 96-014 and VAR 96-003 Resolution No. 34~2 Page 2 Preliminary technical details and plans for all utility installations, including cable TV, telephone, gas, water and electricity. Additionally, a note on plans shall be included stating that no'field changes shall be made without corrections submitted to and approved by the Building Official. C o Final grading and specification consistent with the site plan and landscaping plans and prepared by a registered Civil Engineer for approval by the Community Development Department. D . Final street improvement plans consistent with the site plan and landscaping plans and prepared by a registered Civil Engineer for approval by the Community Development Department. E o Structural analysis of lateral load for. the soft story (carport). (3) 2.2 Parking garage ventilation shall comply with UBC Section 311.9.2.2 or 1202.2.7. (1) 2.3 An adequate size trash enclosure with solid metal, self- closing, self-latching gates 'shall be provided. Said enclosure shall be screened by a solid decorative wall and be of a minimum height of six feet. The location of the enclosure and types of screening and details of the enclosure shall be submitted at Building Plan Check and are subject to approval by the Community Development Department. Details shall include gate attachment, architecture, color and materials. The location of bins, sizes and quantities shall be reviewed, and accepted by Great Western Reclamation. SITE AND BUILDING CONDITIONS (1) 3.1 Ail exterior colors to be used shall be subject (4) to review and approval of the Director of the Community Development Department. All exterior treatments shall be coordinated with regard to color, materials and detailing and noted on submitted construction plans; elevations shall indicate all colors and materials to be used. Exhibit A -conditions of Approval DR 96-014 and VAR 96-003 Resolution No. 3442 Page 3 (1) 3.2 Note on final plans that a six-foot high chain linked fence shall be installed around the site prior to building construction stages. Gated entrances shall be permitted along the perimeter of the site for construction vehicles. (1) 3.3 Exterior elevations of the buildings shall indicate any (4) fixtures or equipment to be located on the roof of the building, equipment heights'and type of screening. *** 3.4 The trash enclosure on the westerly side of the parking structure shall provide accommodations for on-site maintenance personnel to transfer the contents from the proposed enclosure to existing enclosures which are accessible to service vehicles. The enclosure shall be serviced on a regular basis to ensure that the subject property is maintained in a safe, clean and sanitary condition at all times. LANDSCAPING, GROUNDS AND HARDSCAPE ELEMENTS (6) 4.1 The applicant shall submit detailed landscaping and irrigation plans for all new landscaping areas on the site consistent with adopted City of Tustin Landscaping and Irrigation Guidelines. The plans shall include the following information: a~ A summary table applying indexing identification to plant materials in their actual location. The plan and table must list botanical and common names, sizes, spacing, actual location and quantity of the plant materials proposed. S o Planting and berming details, soil preparation, staking, etc. C. The irrigation plan shall show location and control of backflow prevention devices, pipe size, sprinkler type, spacing and coverage. Details for all equipment must be provided. Do Ail property lines on the landscaping and irrigation plan, public right-of-way area, sidewalk widths, parkway areas, and wall locations. Exhibit A -Conditions of Approval DR 96-014 and VAR 96-003 Resolution No. 3442 Page 4 E , Note on landscaping plan that coverage of landscaping irrigation materials is subject to field inspection at project completion by the Community Development Department. (6) 4.2 The Community Development Department may request minor substitutions of plant materials or request additional sizing or quantity materials during plan check. (6) 4.3 The Submitted landscaping plans at plan check must reflect the following requirements, either incorporated into the design and/or bonstruction or included as notes: a. Provide a minimum of one '15 gallon size tree for every 30 feet of property line on the property perimeter and five 5 gallon shrubs. B . Shrubs shall be a minimum of 5 gallon size and shall be spaced a minimum of 8 feet on center when intended as screen planting. C o Ground cover shall be planted between 8 to 12 inches on center. D · When one gallon plant sizes are used the spacing may vary according to materials, used. E . Ail plant materials shall, be installed and maintained in a neat and healthy condition typical to the species. This will include but not be limited to trimming, mowing, weeding, removal of litter, fertilizing, regular watering, or replacement of diseased or dead plants. (6) 4.4 An appropriate climbing vine, in accordance with the Landscaping and Irrigation Guidelines, shall be trained to the north face of the parking structure slump stone wall surfaces. The use of Parthenocissus Tricuspidae (Boston Ivy) shall not be utilized.- Exhibit A -Conditions of Approval DR 96-014 and VAR 96-003 Resolution No. 3442 Page 5 NOISE (1) 5.1 Ail construction operations, ~ncluding engine warm up, deliveries of materials and equipment, shall be subject to the provisions of the City of Tustin Noise Ordinance as amended, and may take place only during the hours of 7:00 a.m. until 6:00 p.m., Monday through Friday, and 9:00 a.m. to 5~00 p.m. on Saturday, unless the Building Official determines that said activity will be in substantial conformance with the Noise Ordinance and the public health and safety will not be impaired, subject to application being made at the time the permit for the work is awarded or during progress of the work. No Sunday or holiday construction shall be permitted. (1) 5.2 Prior to issuance of any Certificates of Use or (3) Occupancy, field testing in accordance with the Title 25 regulations may be required by the Building Official to verify compliance with STC and IIC design standards. (1) 5.3 Construction hours'shall be clearly posted on the project site to the satisfaction of the Building Official. PUBLIC WORKS (3) 6.1 A stop bar, stop legend and an R-1 sign shall be provided at .the end of both exit ramps where they join the existing drive. FIRE AUTHORITY (5) 7.1 The automatic fire sprinkler system shall be extended from the lower parking level to serve the carports, storage rooms, mechanical equipment rooms, laundry room and corridor on the upper parking level. (5) 7.2 A minimum of two standpipes, at locations approved by the Fire Chief, shall be provided on the upper parking level. Exhibit A -Conditions of Approval DR 96-014 and VAR 96-003 Resolution No. 3442 Page 6 (5) 7.3 Prior to issuance of permits, water improvement plans shall be submitted to and approved by the Fire Chief for review and approval to ensure that ade.quate fire protection and financial security is posted for the installation. The water system design, location of valves, and the distribution for the fire hydrants will be evaluated and approved by the Chief. Also, show all exiting fire hydrants within 300 feet. (5) 7.4 Prior to the issuance of any grading permits, plans for all streets and courts, public or private, shall be submitted to and approved by the Fire Chief in consultation with the Public Works Department. The plans shall include the plan view, sectional views, and indicate the width measured flow line to flow line. All proposed fire apparatus turnarounds shall be clearly marked when a dead-end street exceeds 150 feet or when other conditions require it. (5) 7.5 Prior to the issuance of any grading permits, street improvement plans with fire lanes shown shall be submitted to and approved by the Fire Chief. 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) 7.6. Prior to the issuance of any building permits, 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) 7.7 Prior to the issuance of any building permits for combustible construction, a letter and plan from the developer shall be submitted to and approved by the Fire Chief. This letter and plan shall state that water for fire fighting purposes and an all weather fire access road shall be in place before any combustible materials are placed on the site. Exhibit A -Conditions of Approval DR 96-014 and VAR 96-003 Resolution No. 3442 Page 7 (5) 7.§ Prior to the issuance of any building permits, an Orange County Fire Authority Water Availability Form shall be submitted to and approved by the Engineering Section of the Orange County Fire Authority. 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) 7.9 Prior to the issuance of any building permits, the applicant shall submit a detailed letter of intended use for each building to the' Fire Chief for review and approval. (5) 7.10 Prior to the issuance of any certificates of use and occupancy, all fire hydrants shall have a "Blue Reflective Pavement Marker" indicating their location on the street or drive per the Orange County Fire Authority Standard. On private property these markers are to be maintained in. good condition by the property owner. (5) 7.11 Prior to installation, plans for an approved fire- suppression system for the protection of commercial-type cooking equipment shall be submitted to the Fire Chief for approval. (5) 7.12 Prior to the issuance of building permits, plans for the fire alarm 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. FEES (1) 8.1' Prior to issuance of any building permits, payment shall (3) be made of all required fees as may be in effect at the (6) time of permit issuance, including but not limited to: a. Street improvement, grading and landscaping plan checks and permit fees to the Community Development Department based on the most current schedule, as may be amended prior to permit issuance. B . Ail applicable Building plan check and permit fees to the Community Development Department based on the most current schedule, as may be amended prior to permit issuance. Exhibit A -Conditions of Approval DR 96-014 and VA/{ 96-003 Resolution No. 34'42 Page 8 C . D o School facilities fee to the Tustin Unified School District subject to any agreement reached and executed between the District and the applicant. 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 significantly lengthened. GG: br: 3442