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RESOLUTION NO. 3324
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TUSTIN, CONDITIONALLY APPROVING DESIGN REVIEW
94-033 TO ADD THREE ADDITIONAL PRODUCT TYPES TO THE
BUILDOUT OF THE PREVIOUSLY APPROVED DEVELOPMENT ON
TRACT 14188.
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 94-033 was
submitted by Standard Pacific requesting approval
to add three additional product types to the
buildout of the previously approved development of
Tract 14188.
Be
That the said application was considered by the
Planning Commission on January 9, 1995, January 23,
1995 and February 13, 1995.
C.
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.
·
Towers, chimneys, roof structures, flagpoles,
radio and television antennae.
·
Landscaping, parking area design and traffic
circulation.
Location, height and standards of exterior
illumination.
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Resolution No. 3324
Page 2
,
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 conditionally approves
Design Review 94-033 authorizing the addition of three
new product types to the buildout of the existing
development of Tract 14188, 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 13th day of February,
1995.
Recording Secretary
Chairperson
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. 3324 was duly
passed and adopted at a regular meeting of the Tustin Planning
Commission, held on the 13th day of February, 1995.
Recording Secretary
EXHIBIT A
RESOLUTION NO. 3324
CONDITIONS OF APPROVAL
DESIGN REVIEW 94-033
GENERAL
(1) 1.1 The proposed project shall substantially conform with the
submitted plans date stamped February 13, 1995 on file
with the Community Development Department as herein
modified or as modified by the Director ef 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) 1.3 Design review approval shall become null and void unless
all 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.
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 94-033
Resolution No. 3324
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 as approved by
the Building Official.
(2) B.
(3)
Preliminary technical detail and plans for all
utility installations including cable TV,
telephone, gas waster 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)
Ce
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) 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. Any
administrative adjustments are subject to review and
approval by the Director of Community Development.
Exhibit A- Conditions of Approval
DR 94-033
Resolution No. 3324
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 subject to review
(4) 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 and 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 The model complex sales trailer shall be painted to be
compatible with the proposed color scheme for the subject
product types. Final colors shall be noted on the plans
and shall be subject to final approval of the Community
Development Department.
(1) 3.6 The front yard setback on Lot 11 shall comply with the
requirements of the East Tustin Specific' Plan which
requires a minimum 20 foot front yard setback.
*** 3.7 Construction traffic shall be prohibited from accessing
the development from Bennett, except for such
construction traffic directly related to the buildout of
Lots 1, 5 and 6.
*** 3.8 The construction of Lots 1, 5 and 6 shall occur prior to
or concurrently with the construction of Phase I of the
buildout of the subject project. No certificate of
occupancy shall be issued for any dwelling within the
next phase of new development unless certificates of
occupancy have been issued for Lots 1, 5 and 6.
Exhibit A- Conditions of Approval
DR 94-033
Resolution No. 3324
Page 4
*** 3.9 The construction of the decorative pavement treatments,
upgraded landscape elements and project monumentation
signs as required below shall be completed prior to
issuance of any certificate of occupancy for the
dwellings on Lots 1, 5 Dr 6.
LANDSCAPING, GROUNDS AND HARDSCAPE ELEMENTS
(1) 4.1 Submit at plan check complete detailed landscaping and
irrigation plans for the project, including the model
complex, consistent with adopted City of Tustin
Landscaping and Irrigation Guidelines. Provide summary
table identifying plant materials. The plant table shall
list botanical and common names, sizes, spacing, location
and quantity of the plant materials proposed. Show
planting and beaming details, soil preparation , staking,
etc. 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. Show all property lines on the
landscaping and irrigation plan, public right-of-way
areas, sidewalk widths, parkway areas, and wall
locations. The Community Development Department may
request minor substitutions of plant materials or request
additional sizing or quantity materials during plan
check. Note on landscaping plan that coverage of
landscaping and irrigation materials is subject to field
inspection at project completion by the Department of
Community Development.
(1) 4.2 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. All signs shall be in accordance with the City's
Security Code.
*** 4.3 A decorative pavement treatment shall be provided across
Lambert in the vicinity of Lot 10. Upgraded landscape
treatments and project monumentation signs shall be
provided outside of the travel way on Lambert in the
vicinity of Lot 10 and at the intersection of Township
Drive and Bennett. A representative group of four
existing homeowners selected by ballot of a majority of
Exhibit A- Conditions of Approval
DR 94-033
Resolution No. 3324
Page 5 '~
existing homeowners (51%) with one vote per property
shall review and comment to the City on the final design
details prior to issuance of permits for said
improvements. The final details should be in substantial
conformance in scale and magnitude as those improvements
conceptually identified and approved as part of this
Exhibit.
NOISE
(1) 5.1 Prior to the issuance of any building permits:
(2)
(3) A final acoustical analysis report describing the
acoustical 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 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
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.
(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,
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
Exhibit A- Conditions of Approval
DR 94-033
Resolution No. 3324
Page 6
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) 5.4 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 of all required fees as may be in effect at the
(6) time of permit issuance, including but not limited to:
a ·
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.
.
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 most current schedule, as may
be amended prior to permit issuance.
D ·
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.
School facilities fee to the Tustin Unified School
District subject to any agreement reached and
executed between the District and the Irvine
Company.
G ·
Within forty-eight (45) 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 $25.00
(twenty-five dollars) pursuant to AB 3185, Chapter
1706, Statutes of 1990, enable the City to file the
Notice of Determination required under Public
Exhibit A- Conditions of Approval
DR 94-033
Resolution No. 3324
Page 7
DF:bt
Resources code Section 21151 and 14 Cal. 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 AB 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.