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RESOLUTION NO. 3432
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TUSTIN, APPROVING DESIGN REVIEW 95-042 TO UPDATE THREE
PREVIOUSLY APPROVED PRODUCTS TYPES AND ADD TWO NEW
PRODUCT TYPES TO THE BUILDOUT OF THE PREVIOUSLY APPROVED
DEVELOPMENT ON TRACT 13908.
The Planning Commission of the City of Tustin does hereby resolve
as follows:
I. The Planning Commission finds and determines as follows:
A.
That a proper application, Design Review 95-042, was
submitted and revised by Bramalea California requesting
approval to update three previously approved product
types and add two new product types to the buildout of
the previously approved development on Tract 13908;
m o
That the said application was considered by the Planning
Commission on April 8, 1996, and continued to April 22,
1996, May 13 and 28, 1996, and June 10, 1996;
C o
That neighborhood meetings were conducted on April 15 and
24, 1996 and May 20 and 28, 1996 with the applicant,
interested residents and City staff 'in an effort to
resolve outstanding concerns related to the project;
m.
That an Environmental Impact Report EIR 85-2, as amended,
for the East Tustin Specific Plan has been certified in
conformance with the requirements of the California
Environmental Quality Act for the subject project; and
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.
.
Size and spacing of windows, doors and other
openings.
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Resolution No. 3432
Page 2
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Towers, chimneys, roof structures, flagpoles, radio
and television antennae.
o
Landscaping, parking area design and traffic
circulation.
8. Location, height and standards of exterior
illumination.
°
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.
II. The Planning Commission hereby approves Design Review 95-042
to update three previously approved product types and add two
new product types to the buildout of the previously approved
development on Tract 13908, 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 10th day of June, 1996.
BARBARA REYES ~
Recording Secretary
MARJORI~/KASALL~K/ .
Chairwoman
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Resolution No. 3432
Page 3
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. 3432 was duly passed and
adopted at a regular meeting of the Tustin Planning Commission,
held on the 10th.day of June, 1996.
BARBARA REYES
Recording Secretary
EXHIBIT A
RESOLUTION NO. 3432
CONDITIONS OF APPROVAL
DESIGN REVIEW 95-042.
GENERAL
(1) 1.1 The proposed project shall substantially conform with the
submitted plans date stamped June 10, 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 (ETSP) .
(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 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.
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 95-042
Resolution No. 3432
Page 2
PLAN SUBMITTAL
2.1 At building plan check the following shall be submitted:
(3) A.
Construction plans, structural calculations, and
Title 24 energy calculations. Requirements of the
· Uniform Building Codes, State Handicap and Energy
Requirements shall be complied with and approved by
the Building Official.'
(2) B.
(3)
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) c.
(3)
Final grading and specifications consistent with
the site plan and landscaping plans and prepared by
a registered Civil Engineer for approval by the
Community Development Department.
(2) D.
(3)
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.
(2) E.
(3)
Model complex plans identifying all temporary
fencing, landscaping, elevations, parking
facilities and other temporary model complex
facilities.
(2) F.
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 development standards as applicable in the East
Tustin Specific Plan. Conceptual approval of locations
of structures shall not constitute final approval.
Exhibit A -Conditions of Approval
DR 95-042
Resolution No. 3432
Page 3
SITE AND BUILDING CONDITIONS
*** 3.1 The plotting of Plan 6 shall be limited to Lots 44 - 80.
(4)
*** 3.2 The Community Development Department may make minor
(4) subsequent changes to the plotting mix, except as
required by Condition 3.1 above, provided that all
applicable development standards and requirements of the
East Tustin Specific Plan are satisfied. However, the
maximum number of Plan 6s shall not exceed 12 unless
specifically approved by the Planning Commission.
*** 3.3 The Model Complex shall be located on Lots 81 - 84 and
(4) shall include a Plan 4 and Plans 3 and/or 7. No Plan 6
shall be constructed in the model complex.
*** 3.4 Sky lightsl which are to be offered as options in the
Plans 1, 3 and 4, shall be constructed in the Plan 3 and
4 models.
*** 3.5 Construction access may be provided from the paseo
between Lots 74 and 75, subject to final approval of the
'City Engineer.
(1) 3.6 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) 3.7 Ail exterior colors to be used shall be consistent with
(4) the existing residences and shall be subject 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) 3.8 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) 3.9 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.
3.10 No plotting mix change shall be made in Phase 1".
Exhibit A -Conditions of Approval
DR 95-042
Resolution No. 3432
Page 4
LANDSCAPING, GROUNDS AND HARDSCAPE ELEMENTS
(6) 4.1 The applicant shall submit detailed landscaping and
irrigation plans for all new landscaping areas and the
model complex 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.
B o
Planting and berming details, soil preparation,
staking, etc.
C o
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.
D o
Ail property lines on the landscaping and
irrigation plan, public right-of-way area, sidewalk
widths, parkway areas, and wall locations.
E o
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:
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 ,
Ground cover shall be planted between 8 to 12
inches on center.
Exhibit A -Conditions of Approval
DR 95-042
Resolution No. 3432
Page 5
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When 1 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.
(1) 4.4 A complete, detailed project sign program including
design, location, sizes, colors and materials shall be
approved by the Irvine Company then submitted for review
and approval by the Community Development Department.
The sign program shall include temporary project
identification, model complex, addressing and street
signs. Ail 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 project. 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 s~andard 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
applicable zoning regulations shall be provided.
(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.
Exhibit A -Conditions of Approval
DR 95-042
Resolution No. 3432
Page 6
(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.
(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 permits, payment shall
(3) be made 6f all required fees as may be in effect at the
(6) time of permit issuance, including but not limited to:.
no
Major thoroughfare and bridge fees in the amount of
$2,501 per unit to the Tustin Public Works
Department, or as may be amended prior to permit
issuance.
B o
Water and sewer connection fees to the Irvine Ranch
Water District.
C .
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.
D o
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.
E o
New development fees in the amount of $350 per unit
to the Community Development Department, or as may
be amended prior to permit issuance.
F .
School facilities fee to the Tustin Unified School
District subject to any agreement reached and
executed between the District and the Irvine
Company.
Exhibit A -Conditions of Approval
DR 95-042
Resolution No. 3432
Page 7
G o
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 automatically
null and void.
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 A tB 3158, Chapter
1706, Statutes of 1990. If this fee is imposed,
the subject project shall not be operative, vested
or final unless and until the fee is paid.
DF:br:pcreso:3432