HomeMy WebLinkAboutPC RES 32891 RESOLUTION NO. 3289
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TUSTIN, CONDITIONALLY APPROVING CONDITIONAL USE
PERMIT 94-007 AND DESIGN REVIEW 94-013 FOR A 145
SINGLE-FAMILY DETACHED DWELLING UNIT PROJECT TO BE
CONSTRUCTED ON TRACT 14934.
The Planning Commission of the City of Tustin does hereby
resolve as follows:
I. The Planning Commission finds and determines as follows:
ao
That proper applications, Conditional Use Permit
94-007 and Design Review 94-013, were filed by D&D
Development Company, Inc. requesting approval of a
145 single-family detached dwelling unit project to
be constructed on an 11.85 acre site located at
14882 - 14942 Newport Avenue.
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The subject property is located within the
South/Central Redevelopment Project Area. Pursuant
to City Code Section 9299b, the Zoning
Administrator has forwarded action on Design Review
94-013 to the Planning Commission.
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That a public hearing was duly called, noticed and
held for said project on July 25, 1994, by the
Planning Commission.
De
That establishment, maintenance and operation of
the use applied for will not, under the
circumstances of this case, be detrimental to the
health, safety, morals, comfort, or general welfare
of the persons residing or working in the
neighborhood of such proposed use, nor detrimental
to the property and improvements in the
neighborhood of the subject property, nor to the
general welfare of the City of Tustin as evidenced
by the following:
·
The proposed development plans would
accommodate the demolition of an existing 296
unit apartment complex which has been vacant
since October of 1990 and has created a blight
on the neighborhood and contributed to an
increase in local crime, 'drug abuse and
~andalism. Actual density of the project
would be 12.2 dwelling units to the acre
providing a reduction of density by 50% of the
current development.
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Resolution No. 3289
Page 2
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The proposed development would provide for a
single-family detached dwelling unit project
which is presently limited in the southwest
portion of the City..
The proposed development is configured in an
orderly fashion with a clear hierarchy of
streets including a private street, private
court (streets) and private court (drives),
the arrangement of which provides a protected
circulation system.
·
The proposed development would conform to all
of the requirements of the proposed Planned
Community District Regulations which would
govern the development of the property,
applicable City Codes, the Uniform Building
Code and all Fire and Safety Codes and as
such, would not be detrimental to the health,
safety, morals, comfort or general welfare of
the persons residing in the neighborhood nor
to the general welfare of the City.
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.
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Size and spacing of windows, doors and other
openings.
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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. 3289
Page 3
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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 and criteria as adopted
by the City Council.
II. The Planning Commission hereby conditionally approves
Conditional Use Permit 94-007 and Design Review 94-013
authorizing construction of a 145 single-family detached
dwelling unit project, 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 25th day of July, 1994.
Recording Secretary
KATHY WEI~
Chairperson
STATE OF CALIFORNIA )
COUNTY OF OR, GE )
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. 3289 was duly
passed and adopted at a regular meeting of the Tustin Planning
Commission, held on the 25th day of July, 1994.
Recording Secretary
E_X~__IBIT A
RESOLUTION NO. 3289
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT 94-00? AND DESIGN REVIEW 94-013
GENERAL
(1) 1.1 The proposed project shall substantially conform with the
submitted plans date stamped July 25, 1994 on file with
the Community Development Department as herein modified
or as modified by the Director of Community Development
in accordance with this Exhibit, as well as all
provisions of the Planned Community District Regulations
for the subject development adopted as part of ZC 94-003.
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 Planned Community District Regulations.
(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 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.
*** 1.6 The applicant shall prepare an affordable housing program
( 2 ) in compliance with all applicable provisions of
California Community Redevelopment Law to ensure
satisfaction of Conditions 9.1 through 9.3 of Exhibit A
of Planning Commission Resolution No. 3290.
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
CUP 94-007/DR 93-013
Resolution No. 3289
Page 2
(1) 1.7 Approval of Conditional Use Permit 94-007 and Design
Review 94-013 is subject to City Council approval of Zone
Change 94-003 and Vesting Tentative Tract Map 14934.
Should the City Council not approve the Zone Change or
Vesting Tentative Tract Map, the subject Conditional Use
Permit and Design Review shall be come null and void.
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)
(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) C.
(3)
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. Subject grading
submittal shall comply with all requirements of
Conditions 4.1 and 4.2 contained in Exhibit A of
Planning Commission Resolution No. 3290.
(2) D.
(3)
Information, plans and/or specifications to ensure
satisfaction of Conditions 1.1 through 1.12 of
Exhibit A of Planning Commission Resolution No.
3290.
(2) E.
(3)
Information, plans and/or specifications to ensure
compliance with Conditions 5.1 through 5.7 of
Exhibit A of Planning Commission Resolution No.
3290.
(2) F.
(3)
Model complex plans identifying all temporary
fencing, landscaping, elevation alterations,
parking facilities and other temporary model
complex facilities.
Exhibit A - Conditions of Approval
CUP 94-007/DR 93-013
Resolution No. 3289
Page 3
(2) G.
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. The report shall specifically reflect
the anticipated buildout impacts of noise along
Newport Avenue, the adjacent railroad to the south,
and aircraft overflight. The report and any
subsequent field inspection shall comply with
Conditions 6.1 and 6.2 of Exhibit A of Planning
Commission Resolution No. 3290.
(1) 2.Z Applicant shall be permitted to obtain grading permits
and building permit for model unit construction prior to
approval of Final Map 14934 provided all Uniform Building
Code, Public Works, Fire Department and Community
Development requirements have been met and approvals
granted.
(1) 2.3 Submitted construction drawings shall be in conformance
with all development standards as applicable in the
Planned Community District Regulations. 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.
(5) 2.4 No temporary construction fencing shall be permitted to
encroach into the required travelways of the private
streets or private courts.
(1) 2.5 Submitted construction drawings shall reflect all
dimensions consistently between vesting tentative tract
map, site plan, landscape plan, model plan and
architectural plans.
(2) 2.6 The applicant shall consult with the various utility
companies which would provide service to the development
and incorporate energy and water conserving systems and
design features into the project subject to approval of
the Building Official.
(2) 2.7 The applicant shall provide written approval from
(5) Great Western Reclamation approving the method of trash
pickup for the project.
Exhibit A - Conditions of Approval
CUP 94-007/DR 93-013
Resolution No. 3289
Page 4
SITE AND BUILDING CONDITIONS
(4) 3.1 Window trims and surrounds shall be provided on all
elevations of each plan consistent with the architectural
treatment of the buildings, subject to final approval of
the Community Development Department.
(4) 3.2 The proposed asphalt composition shingle shall be
replaced with a thick-butt architectural asphalt shingle,
subject to final approval of the Community Development
Department.
(1) 3.3 Ail dwelling units shall be equipped with a sectional
roll-up garage door and automatic garage door opener.
(1) 3.4 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) 3.5 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) 3.6 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) 3.7 Ail mechanical and electrical fixtures and equipment
(4) shall be adequately and decoratively screened. The
screen shall be considered as an element of the overall
design of the project and shall blend with the
architectural design of buildings. All telephone and
electrical boxes shall be indicated on the building plans
and shall be completely screened. Electrical
transformers shall be located toward the interior of the
project maintaining sufficient distance to minimize
visual impacts from Newport Avenue.
(1) 3.8 Mechanical equipment such as, but not limited to, heater
and filter units, pump units, air conditioning condensers
and similar devices shall be screened from street view
and, where possible, sited in the rear yard areas.
Exhibit A - Conditions of Approval
CUP 94-007/DR 93-013
Resolution No. 3289
Page 5
(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.
(1) 3.10 On-site subdivision walls shall be constructed by
subdivider including property line or common area
dividing fences (between units) within interior of
project. Provide drawings indicating wall materials, cap
and other decorative treatments and color. Interior
property line dividing walls which do not also serve as
perimeter walls for project shall be consistent with main
building treatments. Retaining walls shall have exterior
treatments consistent with other subdivision walls.
Provide wall/fence legend on site plan including
retaining walls.
(4) 3.11 The perimeter tract wall shall be finished in stucco and
painted compatible with the architecture of the project,
subject to final approval of the Community Development
Department.
LANDSCAPING, GROUNDS AND HARDSCAPE ELEMENTS
(1) 4.1 Submit at plan check complete detailed landscaping and
irrigation plans for all landscaping areas, including the
model complex, consistent with adopted City of Tustin
Landscaping and Irrigation Submittal Requirements.
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.
Exhibit A - Conditions of Approval
CUP 94-007/DR 93-013
Resolution No. 3289
Page 6
(7) 4.2 The submitted landscaping plans at plan check shall
reflect the following requirements:
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Turf is unacceptable for grades over 25%. A
combination of planting materials must be used,
ground cover on large areas alone is not
acceptable.
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Shrubs shall be a minimum of 5 gallon size and
shall be spaced a minimum of 5 feet on center.
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Ground cover shall be planted between 8 to 12
inches on center.
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Fences, walls and equipment areas, shall be
screened with shrubs and/or vines and trees.
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Ail plant materials shall be installed in a healthy
vigorous condition typical to the species and must
be maintained in a neat and healthy condition.
Maintenance includes but is not limited to
trimming, moving, weeding, removal of litter,
fertilizing, regular watering and replacement of
diseased or dead plants.
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Buffer driveway and parking areas with landscaping
berms when possible.
A thickly planted landscape shall be installed
along the edge of the project. Use natural
landscaping and other architectural detailing to
soften their visual appearance.
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Major points of entry to the project, courtyards
and pedestrian internal circulation routes shall
receive specimen trees to create an identification
theme.
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Landscape adjacent to the right-of-way shall be
coordinated with parkway landscaping. Perimeter
walls should be treated with vines in order to
relieve large expanse of walls with greenery and
color. Vines should be informally grouped with
training devices installed. ·
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Provide one tree for every 30 lineal feet along the
north and south side of the subject property.
Exhibit A - Conditions of Approval
CUP 94-007/DR 93-013
Resolution No. 3289
Page 7
(1) 4.3 Screening adjacent to roadways, whenever possible, shall
(7) compliment the architecture, color and construction
(4) materials of primary buildings on the site.
(1) 4.4 Ail walls, fences or landscaping adjacent to streets
(7) should be designed to provide adequate sight distance for
(4) vehicles exiting the tract via the private streets.
(1) 4.5 Provide details, colors and materials for all exterior
(4) walkways, stairs and walls. Design interior walkways to
create a pedestrian corridor with accessory landscaping
treatment.
(1) 4.6 Entryway to the project site should be focal points. In
(4) addition to larger tree treatments these areas should be
provided with a variety of color and treatment of
landscaping as well as an incorporation of special
decorative signage or pavement treatment (i.e., walls,
gates, lighting, etc.)
(1) 4.7 A complete, detailed project sign program including
design, location, sizes, colors and materials shall be
submitted for review and approval by the Community
Development Department.
The sign program shall include temporary project
identification, addressing and street signs. An
illuminated complex diagram shall be provided on the
street frontage at the project entrance or adjacent to
the. recreation facility. Address ranges shall be
identified at the entrances to each of the motor courts.
All signs shall be in accordance with the City's Security
Code.
(1) 4.8 Indicate lighting scheme for project, note locations of
all exterior lights and types of fixtures. Lights to be
installed on buildings shall be a decorative design. No
lights shall be permitted which may create any glare or
have a negative impact on adjoining properties. The
location and types of lighting shall be subject to the
approval of the Director of Community Development.
Exhibit A - Conditions of Approval
CUP 94-007/DR 93-013
Resolution No. 3289
Page 8
(5) 4.9 Final mailbox design, location and orientation, including
methods to ensure security provisions with locking
devices shall be subject to the review and approval of
the Community Development Director. In determining final
location, the Director shall consider the following:
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mailboxes shall be located as close as possible to
a designated parking space;
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mailboxes shall not be located within ten (10) feet
of a street/drive intersection, or within ten (10)
feet from the back of curb return; and
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the location of mailboxes should encourage people
to walk to their mailboxes.
(4) 4.10 Ail wood fences shall be double sided in detail and the
posts shall be galvanized steel poles in concrete
footings, subject to final approval of the Community
Development Department.
FEES
(1) 5.~ Payment of all fees is required in accordance with
Condition 10.1 through 10.2 of Exhibit A of Planning
Commission Resolution No. 3290.