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RESOLUTION NO. 3438
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TUSTIN, APPROVING DESIGN REVIEW 96-002 TO CONSTRUCT NINE
(9) DETACHED CONDOMINIUMS AND VARIANCE 96-001 TO INCREASE
THE HEIGHT OF THE PERIMETER FENCE WITHIN THE FRONT YARD
SETBACK FROM 3 FEET TO 6 FEET AND REDUCE THE REAR YARD
SETBACK FOR UNITS 8 AND 9 FROM 25 FEET TO 9'-6" ON THE
PROPERTY LOCATED AT 1062 WASS STREET.
The Planning Commission of the City of Tustin does hereby resolve
as follows:
I. The Planning Commission finds and determines as follows:
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That a proper application, Design Review 99-002 and
Variance 96-001 was submitted by Brandywine Development
Corporation requesting approval to construct nine (9).
detached condominiums and Variance 96-001 to increase the
height of the perimeter fence within the front setback
from three feet to six feet and reduce the rear setback
for units 8 and 9 from 25 feet to 9'-6" on property
located at 1062 Wass Street; and
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That a public hearing was duly called, noticed and held
on said application on April 22, 1996 by the Planning
Commission; and
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A Negative Declaration has been previously prepared and
certified for this project in accordance with the
provisions 'of the California Environmental Quality Act
(CEQA); and
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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.
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Type and pitch of roofs.
Size and spa.cing of windows, doors and other
openings.
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Resolution 3438
Page 2
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Towers, chimneys, roof structures, flagpoles, radio
and television antennae.
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Landscaping, parking area design and. traffic
circulation.
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Location, height and standards of exterior
illumination.
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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 ~nd criteria as adopted by
the City Council.
That any variance granted shall be subject to such
conditions as will assure that the 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 in that development
intensity will not increase nor will the physical
environment experience any deficiency as a result of this
Variance. The perimeter fence adjacent to Wass Street is
proposed to be setback 15 feet behind the front property
line. The fence is proposed to be Six feet in height and
constructed on slumpstone block. There are only four
properties zoned R-4 in this vicinity which are located
southeast of the site and developed with apartments and
single-family dwellings. The configuration of those lots
does not restrict conforming development since the front
yards are oriented toward Wass Street. The proposed
development orients the private rear yards toward Wass
Street. The proposed fence would provide security and
privacy for the rear yards adjacent to Wass Street; and
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That because of special circumstances applicable to the
subject property, including size, shape, topography,
location or surroundings, the strict application of the
Zoning Ordinance is found to deprive subject property of
privileges enjoyed by.other properties in the vicinity
and under identical zone classifications in that the
property is a narrow rectangle nearly three times as deep
as it is wide. The grade of the site falls away from
Wass Street. The rear of the site is approximately 5
feet lower than the sidewalk elevation on Wass Street.
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Resolution 3438
Page 3
Due to the change in grade of the site, the top of fence
would actually appear to be only 4 feet above the
sidewalk grade of Wass Street. The proposed fence
location would provide sufficient opportunity for
landscaping to soften the appearance of the perimeter
wall. The fence location would not obstruct lines of
sight entering or exiting the site. There is sufficient
land area to allow the construction of 10 dwellings.
However, ~he development plans propose nine dwellings.
The proposed development distributes the units evenly
over the entire site and creates single-family detached
dwellings with private yard areas, similar to other patio
home products approved elsewhere within the City. The
original Variance approved for this property authorized
a nine (9) foot rear yard setback for Units 8 and 9. The
revised site plan increases that setback to 9'- 6".
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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 96-002
authorizing the construction of nine (9) detached condominiums
and Variance 96-001 to increase the height of the perimeter
fence within the front setback from three feet to six feet and
reduce the rear setback for units 8 and 9 from 25 feet to 9'-
6" on property located at 1062 Wass Street, subject to the
conditions contained in Exhibit A, attached hereto..
PASSED AND ADOPTED by the Planning Commission of the City of
Tustin, at a regular meeting on the 22nd day of April, 1996.
Recording Secretary
Chairwom%n
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Resolution 3438
Page 4
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. 3438 was duly passed and
adopted at a regular meeting of the Tustin Planning Commission,.
held on the 22nd day of April, 1996.
Recording Secretary
EXHIBIT A
RESOLUTION NO. 3438
CONDITIONS OF APPROVAL
DESIGN REVIEW 96-002 AND VARIANCE 96-001
GENERAL
(1) 1.1 The proposed project shall substantially conform with the
submitted plans date stamped April 22, 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. The Director of
Community Development may .also approve subsequent minor
modifications to plans during plan check if such
modifications are to be consistent with provisions of the
East Tustin Specific Plan'.
(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) i.3 Design Review and Variance approval shall become null and
void unless building permits are issued within twenty
four (24) 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.
(1) 1.6 Prior to issuance of building Permits, the applicant
shall submit a disclosure statement for r.eview' and
approval by the Community Development Department and city
Attorney. The statement shall include disclosure of the
proximity of the adjacent commercial center to the west,
and the potential for noise, lighting and activity
associated with .the operation of the center, when
operating in accordance with the Tustin Municipal Code.
Said notice shall be executed by the future owner(s)
prior to the close of escrow and placed on file with the
Community Development Department.
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 96-002 and VAR 96-001
Resolution No. 3438
Page 2
PLAN SUBMITTAL
2.1 At building plan check the following shall be submitted:
(3) A.
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Construction plans, structural calculations, and
Title '24 energy calculations. Requirements of the
0niform Building Codes, State Handicap and Energy
Requirements shall be complied with and approved by
the Building Official.
(2)
(3)
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Preliminary technical detail 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.
(2)
(3)
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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.
(2)
(3)
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Final street improvement plans consistent with the
'site plan and landscaping plans and prepared by a
registered Civil Engineer for approval by the.
Community Developmen~ Department.
(2) E.
A detailed acoustical noise' study prepared by a
qualified acoustical expert shall be subject to
review and approval by the Community Development
Department to insure that interior noise levels do
not exceed a maximum of 45 dBa's and that the
exterior'noise levels shall not exceed a maximum of
65 dBa's.
(1) 2.2 Submitted construction drawings shall' be in conformance
with all applicable development standards. Conceptual
approval of locations of structures shall not constitute
final approval.
Exhibit A -Conditions of Approval
DR 96-002 and VAR 96-001
Resolution No. 3438
Page 3
SITE AND BUILDING CONDITIONS
(1) 3.1 Provide exact details of all exterior'door and window
(4) types, including but not limited to such information as
frame color and glass tint.
(1) 3.2 Ail exterior colors to be used shall be 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.
(1) 3.3 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) 3.4 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.
(1) 3.5 Mailboxes, trash' enclosures', and other accessory
structures shall be architecturally consistent with the
design of the project, subject to final approval of the
Community Development Department.
LANDSCAPING, GROUNDS AND ~ARDSCAPE 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:
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A summary table applying indexing identification to
plant materials in their actual location. The plah
and table must list botanical and common names,
sizes, spacing, actual location and quantity of the
plant materials proposed.
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Planting and berming details, soil preparation,
staking, etc.
Exhibit A -Conditions of Approval
DR 96-002 and VAR 96-001
Resolution No. 3438
Page 4
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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.
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Ail property lines on the landscaping and
irrigation plan, public right-of-way area, sidewalk
widths, parkway areas, and wall locations.
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 construction or included as notes:
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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.
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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.
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Ground cover shall be planted between 8 to 12
inches on center.
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When one gallon plant sizes are used the spacing
may vary according to materials used.
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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.
Exhibit A -Conditions of Approval
DR 96-002 and VAR 96-001
Resolution No. 3438
page 5
(1) 4.4 A complete, detailed project sign program including
design, location, sizes, colors and matemials shall be
submitted for review and approval by the Community
Development Department.
The sign program shall include temporary project
identification, model complex, addressing and street
signs. All signs shall be in accordance with the City's
Security Code.
NOISE
(1) 5.1 Prior to the issuance of any building permits, a final
(2) acoustical analysis report describing the acoustical
(3) design features of the structures required to satisfy the
exterior and interior noise standards shall be submitted
to the Tustin Community 'Development Department for
approval along with satisfactory evidence which indicates
that the sound attenuation measures specified in the
approved acoustical report(s) have been incorporated into
the design of the proj. ect. The acoustical analysis shall
be prepared by an expert or authority in the field of
acoustics.
Ail residential, lots and dwellings shall be' sound
attenuated against present and projected noises, which
shall be the sum of all noise impacting the project, so
as not to exceed an exterior standard 65 dBa CNEL in
outdoor areas and an interior standard of 45 dBa CNEL in
all habitable rooms is required. Evidence prepared under
the supervision of an acoustical consultant that these
standards will be satisfied in a manner consistent with
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applicable zoning regulations shall be provided.
(1) 5.2 Prior to issuance of any Certificates of Use or
(3) Occ6pancy, 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 Ail construction operations, including engine warm-up,
deliveries of materials and equipment, shall be subject
.to the provisions of the City of Tustin Noise Ordinance
shall 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 otherwise determined by the
Building Official.
Exhibit A -Conditions of Approval
DR 96-002 and VAR 96-001
Resolution No. 3438
Page 6
(1) 5.4 Construction hours shall be clearly posted on the project
site to the satisfaction of the Building official.
FEES
(1) 6.1' Prior 'to issuance of any building p~rmits, 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:
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A. Major thoroughfare and.bridge fees in the amount of
$1,455 per unit to the Tustin Public Works
Department, or as may be amended prior to permit
issuance.
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Orange County Sanitation District sanitary sewer
connection fees to the Public Works Department at a
rate of $2,350 per unit.
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East Orange County Water District water connection
fee to the Public Works Department at a rate of
$500 per unit.
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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.
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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..
New development fees in the amount of $350 per unit
to the Community Development Department, or as may
be amended prior to permit issuance.
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School facilities fee to the Tustin Unified School
District subject to any agreement reached and
executed between the District. and the Irvine
Company.
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Parkland Dedication In Lieu fees' to the Community
Development Department at a rate of $400 per unit.
Exhibit A -Conditions of Approval
DR 96-002 and VAR 96-001
Resolution No. 3438
Page 7
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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) pursuant to AB 3185, Chapter
1706, Statutes of 1990, to enable the City to file
the Notice of Determination required under Public
Resources Code Section 21151 and 14 California Code
of Regulations 15094. If within such forty-eight
(48) hour period that the applicant has not
delivered to the Community Development Department
the above-noted check, the approval for the project
granted herein shall be considered a~tomatically
null and void.
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In addition, should the Department of Fish and Game
reject the Certificate of Fee Exemption filed with
the Notice of Determination and require payment of
fees, the applicant shall deliver to the Community
Development Department, within forty-eight (48)
hours of notification, a cashier's check payable to
the COUNTY CLERK in the amount of $850 (eight
hundred fifty dollars) pursuant to AB 3158, Chapter
1706, Statutes of 1990. If this fee is imposed,
the subject project shall no~ be operative, vested
or final unless and until the fee is paid.
D F: br: 3438