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Home My WebLink AboutPC RES 34215 10 11 12 13 14 15 16 17 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 3421 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING AMENDMENT TO DESIGN REVIEW 94- 033 TO MODIFY THE APPROVED MODEL COMPLEX AND VARIANCE 96-002 TO REDUCE THE ON-SITE MODEL COMPLEX PARKING REQUIREMENTS FROM 19 SPACES TO ZERO SPACES AND PROVIDE PARKING ON TOWNSHIP DRIVE FOR TENTATIVE TRACT 14188. The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: ae That a proper application, Amendment to Design Review 94-033 and Variance 96-002, has been filed by Standard Pacific to modify the approved model complex and to reduce the on-site model complex parking requirements from 19 spaces to zero spaces and provide the parking on Township Drive for Tentative Tract 14188. Be That a public hearing was duly noticed, called and held by the Planning Commission on March 11, 1996. Ce 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. ~he Variance will not result in a grant of special privilege or development. Development intensity will not increase nor will the physical environment experience any deficiency as a result of this Variance. Parking for the model complex would still be provided for the complex without impact to existing or neighboring residences. The Variance is temporary in nature and would expire with the completion of the project. De 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. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 3421 Page 2 There are special circumstances applicable to the subject site in that the model complex is directly adjacent to Township Drive which provides convenient access to the model complex. Township Drive, north of Rawlings Way, does not.provide access to any other projects and could accommodate parking without affecting traffic. Ee That pursuant to Section 9272(c) of the Tustin City Code, the Planning Commission finds that 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 Planning 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. · Towers, chimneys, roof structures, flagpoles, radio and television antennae. 7. Landscaping, .parking and circulation. · Physical relationship of proposed structures to existing structures in the neighborhood. · Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. 10. Development Guidelines and criteria as adopted by the City Council. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 3421 Page 3 Fe This project has been determined to be Categorically Exempt (Class 5) pursuant to the provisions of Section 15305 of the California Environmental Quality Act. II. The Planning Commission hereby approves Amendment to Design Review 94-033 and Variance 96-002 to modify the approved model complex and to reduce the on-site model complex parking requirements from 19 spaces to zero spaces and provide parking on Township Drive for Tentative Tract 14188, subject to the conditions contained in Exhibit A, attached hereto. PASSED A~D ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 11th day of March, 1996. Recording Secretary M~R~ORI~ ~ASA~L~K' /~v ~ - Cha irwon%~n 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. 3421 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the llth day of March, 1996. Recording Secretary EXHIBIT A AMENDMENT TO DESIGN REVIEW 94-003 AND VARIANCE 96-002 CONDITIONS OF APPROVAL RESOLUTION NO. 3421 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project, date stamped March 11, 1996 on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development Department 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 Tustin City Code or other applicable regulations. (1) '1.2 Approval shall become null and void unless all permits for the proposed model complex are issued within eighteen (18) months of the date of this Exhibit. Time extensions may be granted by the Planning Commission if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.3 Approval of Amendment to Design Review 94-033 and Variance 96-002 is contingent upon the property owner signing and returning an "Agreement to conditions Imposed" form as established by the Director of Community Development. (1) 1.4 The applicant shall hold and defend the City of Tustin harmless for all claims and liabilities arising out of the City's approval of the entitlement process for this project. *** 1.5 The temporary pre-sales trailer on Lot 37 shall be removed from the site within 15 days of the opening of the model complex on Lot 33. 1.6 Variance 96-002 shall expire at the time the model complex is closed with the completion of Tract 14188. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQ. (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW Exhibit A-Conditions of Approval Resolution No. 3421 Page 2 *** 1.7 Prior to the issuance of building permits for the model complex, the applicant shall provide to the Community Development Department evidence of approval by the Tustin Ranch Community Association III to allow parking on Township Drive. *** 1.8 Ail temporary flags for the model complex shall comply with the approved Master Sign Plan for Tustin Ranch which provides for a maximum of 6 flags per project, 19 feet in height, and 18 square feet in area. The flags shall be purple in color and not contain any sign copy or names. BUILDING DIVISION (3). 2.~ The proposed pre-sales trailer, and the model complex, shall comply with all Building Codes, City Ordinances and the state and federal laws and regulations, including accessibility requirements. (5) 2.2 At the time of building permit application, the plans shall comply with the 1994 Uniform Building Code, other related Codes, City Ordinances, and state and federal laws and regulations. (1) 2.3 At plan check, submit three (3) sets of construction plans, two (2) sets of structural calculations prepared by a licensed engineer/architect. No field changes shall be made without corrections submitted to and approved by the Community Development Department. FEES (1) 3.~ Prior to issuance of any building permits, payment shall (5) be made of all building plan check and permit 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. (1) 3.2 Within forty-eight (48) hours of approval of the subject (5) project, the applicant shall deliver to the Community Development Qepartment, a cashier's check payable to the COUNTY CLERK in the amount of $25.00 (twenty-five 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 Exhibit A-Conditions of Approval Resolution No. 3421 Page 3 interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened.