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HomeMy WebLinkAboutPC RES 33061 RESOLUTION NO. 3306 10 11 12 13 14 15 16 17 19 20 21 22 23 24 25 26 27 28 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING 1) VARIANCE 94-014 TO REDUCE THE MINIMUM REAR YARD SETBACK FROM TWENTY-FIVE (25) FEET TO THIRTEEN (13) FEET FOR A MAXIMUM OF 50% OF THE WIDTH OF A PROPOSED APARTMENT STRUCTURE AND 2) DESIGN REVIEW 94-010 TO ACCOMMODATE THE DEVELOPMENT OF TWO ADDITIONAL DWELLING UNITS AND RELATED IMPROVEMENTS ON THE PROPERTY LOCATED AT 13641 REDHILL AVENUE. The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: ae That proper applications, Variance 94-014 and Design Review 94-010, have been filed by Mr. Glenn Riley to reduce the minimum rear yard setback from twenty-five (25) feet to thirteen (13) feet for a portion of the rear elevation of a' proposed apartment structure and to accommodate the development of two additional dwelling units and related improvements on the property located at 13641 Redhill Avenue. Be That a public hearing was duly noticed, called and held by the Planning Commission on November 14, 1994. Ce The Planning Commission has reviewed the subject request for a variance to reduce the required minimum rear yard setback and has made the following findings: le Granting the variance shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and district in which the project is situated in that there are other properties in the vicinity which have existing rear yard setbacks of less than twenty-five (25) feet. In addition, the subject property is bordered on two (2) sides by properties with R-3 zoning which have a ten (10) foot minimum rear yard setback requirement. The property to the north, which is identically zoned as R-4, has a rear yard setback of ten (10) feet which does not meet the current Code requirement. Finally, only a portion of the~ rear elevation of the proposed apartment structure will be setback thirteen (13) feet from the rear property line. The remaining portion will be 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 3306 Page 2 setback 26 feet, which exceeds the minimum requirement. · There are unusual or exceptional circumstances applicable to the property, including size, shape, topography, location or surroundings which deprive the subject property of privileges enjoyed by other properties in the area in that the fixed location of the existing single story residence effectively reduces the lot area and locations that are potentially available for additional dwelling units, parking and on-site circulation in conformance with the applicable R-4 development standards. Do 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. · Location and appearance of equipment located outside of'an enclosed structure. 10. Physical relationship of proposed structures to existing structures in the neighborhood. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 126 27 28 Resolution No. 3306 Page 3 11. Appearance and design relationship of proposed structure to existing structures and possible feature structures in the neighborhood and public thoroughfares. Zo 12. Development Guidelines and criteria as adopted by the City Council. This project has been determined to be Categorically Exempt (Class 1) pursuant to the provisions of Section 15301 of the California Environmental Quality Act. Fe This 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 or has been conditioned to be consistent with the Air Quality Sub-Element. II. The Planning Commission hereby approves Variance 94-014 and Design Review 94-010 to reduce the minimum rear yard setback from twenty-five (25) feet to thirteen (13) feet for a maximum of 50% of the width of a proposed apartment structure and to accommodate the development of two additional dwelling units and related improvements on the property located at 13641Redhill Avenue, Tustin, subject to the conditions contained in Exhibit A, attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 14th day of November, 1994. Secretary C airperson 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 3306 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. 3306 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 14th day of November, 1994. Recording Secretary E~IBIT A VARIANCE 94-014 AND DESIGN REVIEW 94-010 CONDITIONS OF APPROVAL RESOLUTION NO. 3306 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped November 14, 1994 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. ( 1 ) 1.2 Unless otherwise ' specified, the conditions contained in this 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 Variance and Design Review approval shall become null and void unless all permits for the proposed dwelling units are issued within ~welve (12) 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) 1.4 Approval of Variance 94-014 and Design Review 94- 010 is contingent upon the applicant/property owner signing and returning an "Agreement to Conditions Imposed" form as established by the Director of Community Development. (1) 1.5 The applicant shall hold and defend the City of Tustin harmless for all claims and liabilities arising out of City's approval of the entitlement process for this project. 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. 3306 Page 2 SITE PLAN/ELEVATIONS (1) 2.1 Pursuant to City Code Section 9271(n), a minimum of three (3) feet shall be maintained between accessory structures on separate parcels, unless the adjoining structure is constructed with a zero foot setback in which case no setback is required. The distances from the property line to the nearest accessory structures on the adjacent parcels shall be provided at Building Plan Check. (1) 2.2 Pursuant to City Code Section 9271(n), detached accessory structures shall be separated from all other structures on the same parcel by a minimum of ten (10) feet. The distance between the proposed detached single car garage and the second story of the proposed residence shall be provided on the site plan at Building Plan Check. (4) 2.3 At Building Plan Check, the actual setback from the front property line to the proposed portion of the structure shall be indicated on the site plan. (4) 2.4 The locations of all proposed mechanical equipment such as air conditioning condensers shall be shown on the site plan and/or floor plan. (4) 2.5 The proposed location of the gas and electrical meters on the elevations shall be shown on the site plan at plan check. These meters shall be structurally integrated into the main building design. (4) 2.6 At Building Plan Check, elevations shall be provided which include all proposed dimensions, materials, colors, finishes, and partial outlines of adjacent buildings on-site and off-site where applicable. Details shall also be provided for the proposed windows and doors. Roofing shall be class "B" or better quality. (4) 2.7 At Building Plan Check, the location of any utility vents or other equipment shall be provided on a roof plan. (4) 2.8 At Building Plan Check, manufacturer's details of all lighting fixtures and a lighting plan which identifies the, location,.~ type of fixture, and intensity of all exterior building mounted and free-standing lighting shall be provided. A note shall be provided on the plans that "All parking areas shall be illuminated with a minimum of one Exhibit A, Conditions of Approval Resolution No. 3306 Page 3 footcandle of light, and lighting shall not produce light or glare or have a negative impact on adjacent properties." All light fixtures shall be architecturally compatible with the proposed and existing structures. (4) Z.9 Written approval shall be provided which specifically references the type of trash service acceptable for the' three (3) residential units shall be provided from Great Western Reclamation. (1) Z.~0 Ail site drainage shall be handled on-site and shall not be permitted to drain onto adjacent properties. (4) z.l~ Architectural detail, color and exterior treatment of the project's mailboxes shall be compatible with the proposed and existing buildings. (1) Z.~Z Pursuant to the City of Tustin's Security ordinance, th~ street number shall be displayed in a prominent location on the street side of the residence. The numerals shall be no less than three inches in height and shall be of contrasting color to the background to which they are attached and illuminated during hours of darkness. (4) 2.~3 Dimensions shall be provided on plans for all drive aisles, back up areas, each covered parking stall and the open parking stall. Pursuant to City Code Section 9297, the minimum interior garage space dimensions shall be not less than ten (10) feet in width by twenty (20) feet in depth, clear and unobstructed. (4) 2.~4 Ail proposed garages shall be required to be equipped with automatic opening devices. (4) Z.~5 Decorative paving materials shall be required and used to reduce the visual mass of the concrete proposed to cover a major portion of the property. Materials proposed for entry pavement treatment shall be provided at Building Plan Check. (4) 2.~6 The open parking space shall be labeled as a guest space. (1) ~.~7 No outdoor storage shall be permitted except as approved by the Tustin Community Development Director. Exhibit A, Conditions of Approval Resolution No. 3306 Page 4 (1) 2.18 Ail exposed metal flashing or trim shall be anodized or painted compatible with the main building. (1) 2.19 Ail rooftop equipment shall be completely screened from public view. Screening shall be incorporated into the project design. LANDSCAPING (6) 3.1 Pursuant to the City of Tustin Landscape and Irrigation Guidelines, a landscape plan and a landscape requirement summary table for the project which identifies the landscape requirement, the project's associated dimensions, the amount of planting required and the amount of planting proposed for the project shall be provided at Building Plan Check. The overall planting shall meet the following requirements: a. Trees Street Frontage I - (24" box) tree for every 30 lineal feet street frontage. Perimeter Landscaping 1 - (15 gal) tree for every 30 lineal feet perimeter property line. Interior Landscaping 1 - (15 gal) tree for each 2 units. 1 - (15 gal) tree for every 30-lineal feet of exterior building wall. Parking Lot Landscaping 1 - (15 gal) tree for every five parking spaces provided; these trees must be located within the parking area. b. Shrubs Street Frontage 6 - (5 gal) shrubs for every 25-lineal feet street frontage. Perimeter Landscaping 5 - (5 gal) shrubs for every 30-1in,al feet perimeter property line. 5 - (5 gal) shrubs for every 25-lineal feet landscape area. Exhibit A, Conditions of Approval Resolution No. 3306 Page 5 Ce A minimum of five (5) percent of parking area shall be landscaped. de A minimum of thirty-five (35) percent of the building site area shall be landscaped. ee A minimum of thirty (30) percent of all trees in a multiple family development shall be 24" box size tree or larger. (6) 3.Z Pursuant to the City of Tustin Landscape and Irrigation Guidelines, a minimum of one (1) foot wide planting area is required adjacent to all property walls. This planting area, comprised of shrubs/groundcover and climbing vines not only helps to soften the expanse of paving and wall, but also acts as a deterrent for graffiti and vandalism. (6) 3.3 A plant material summary table shall be provided at Building Plan Check. The table must list preliminary quantities, botanical names, common names and proposed sizes. (6) 3.4 The proposed drought tolerant plant materials to be used shall be designated on the landscape plan. (6) 3.5 The proposed location of the irrigation electronic controller shall be shown on the landscape and irrigation plans. The location shall take into consideration the potential for vandalism and should be screened from view by architectural elements. (6) 3.6 A note shall be provided on the landscape plan stating that the Community Development Department may request minor substitutions of plant materials or request additional sizing or quantity of materials during plan check. An additional note shall state that coverage of landscaping irrigation materials shall be subject to field inspection at project completion by the Community Development Department. BUILDING DIVISION (3) 4.1 Provide area analysis for all buildings (residences and garages), and show compliance with allowable floor areas based on U.B.C. Table 5c. Exhibit A, Conditions of Approval Resolution No. 3306 Page 6 (3) 4.2 Indicate fire rating of exterior walls within 3' of property line for garages and within 5' for apartment units, according to U.B.C. Table 5A. (3) 4.3 Indicate location and fire ratings of separation walls and ceilings between garage and apartment units (Table 5B) and between units. (3) 4.4 Please indicate M1 occupancy in addition to R1 occupancy on project information. (3) 4.5 The proposed building shall in all respects comply with the Building Codes, City ordinances and the State and Federal laws and regulations. , (3) 4.6 At Building Plan Check submittal please submit: a® Construction plans including landscape and irrigation plans, structural calculations, and Title 24 energy calculations. Requirements of the Uniform Building Codes, State Handicap and Energy Requirements and applicable City Codes and adopted guidelines shall be complied with as approved by the Building Official. be Preliminary technical detail and plans for all utility installations including cable TV, telephone, gas, water and electricity. Additionally, a note on plans shall be include stating that no field changes shall be made without corrections submitted to and approved by the Building Official. Ce Final grading and specifications consistent with the site plan and landscaping plans and prepared by a Registered Civil Engineer for approval of the Community Development Department. de A precise soils engineering report provided by a soils engineer within the previous twelve (12) months. ee Information, plans and/or specifications to ensure satisfaction of all Public Works Department requirements. Exhibit A, Conditions of Approval Resolution No. 3306 Page 7 f · Information to ensure compliance with the requirements of the Orange County Fire Chief including required fireflow and installation, where required, of fire hydrants subject to approval of the Fire Department, City of Tustin Public Works Department and East Orange County Water District. ENGINEERING DIVISION (5) 5.1 This development will be required to annex to the Tustin Landscape and Lighting District. The City will require a letter from the property owner stating that this annexation will not be protested. (5) 5.Z A separate 24" x 36" street improvement plan, as prepared by a California Registered Civil Engineer, will be required for all construction within the public right-of-way, which would include, but not be limited to the following: a) Curb and gutter b) Drive apron c) Sidewalk d) AC pavement In conjunction with the above plan, a reproducible 24" x 36" traffic control plan, as prepared by a California Registered Traffic Engineer and/or Civil Engineer experienced in this type of plan preparation, will be required. FIRE DEPARTMENT (5) 6.1 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 shall be in place before any combustible materials are placed on the site. Indicate location of fire hydrants on the site plan. Exhibit A, Conditions of Approval Resolution No. 3306 Page 8 (5) 6.2 Prior to the issuance of any building permits, plans for the automatic fire sprinkler system shall be submitted to an approved by the Fire Chief prior to installation. This system shall be operational prior to the issuance of a certificate of use and occupancy. POLICE DEPARTMENT (5) 7.1 Window and security hardware shall meet requirements as set forth in Tustin Security Code relating to dwellings. FEES (1) 8.1 The applicant shall pay all applicable fees prior to the issuance of permits, including, but not limited to: a® Building permit and plan check fees to the Community Development Department. be School District fees to the Tustin Unified School District. c. New Development Tax to the Building Division. de Major Thoroughfare and Bridge fees to the Public Works Department. ee Any additional Sanitation District No. 7 sewer connection fees to the District. fe East Orange County Water District fees to the District. (1) 8.2 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 $25.00 (twenty-five dollars) to enable the City to file with the County Clerk, the appropriate environmental documentation pursuant to the California Environmental Quality Act. If within such forty-eight (48) hour period, 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. Exhibit A,. Conditions of Approval Resolution No. 3306 Page 9 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 hours of notification, a cashier's check payable to the County Clerk in the amount of $850 (eight hundred fifty dollars) if an EIR was prepared or $1,250 (twelve hundred fifty dollars) if a Negative Declaration was prepared. If this fee is imposed, the subject project shall not be operative, vested or final unless and until the fee is paid.