HomeMy WebLinkAboutPC RES 27291
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RESOLUTION NO. 2729
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, CALIFORNIA, CONDITIONALLY
APPROVING DESIGN REVIEW 88-70 FOR THE
CONSTRUCTION OF NINE CONDOMINIUM AND ONE
APARTMENT UNITS AND VARIANCE 89-19 TO ALLOW A
TWO-UNIT STRUCTURE TO ENCROACH A MAXIMUM 16
FEET INTO THE 25-FOOT REQUIRED REAR SETBACK
AND A TWO-CAR GARAGE TO ENCROACH THREE FEET
INTO THE 3-FOOT REQUIRED SETBACK.
The Planning Commission of the City of Tustin does
hereby resolve as follows:
I ·
The Planning Commission finds and determines as
follows:
A·
That proper applications requesting approval
of Design Review 88-70, for the construction
of nine condominium units and one apartment
unit (total 12 apartments on site), and
Variance 89-19, to allow a two-unit
condominium structure to encroach a maximum of
16 feet into the required rear setback and a
two-car garage to encroach three feet into the
required 3-foot setback, were filed by Richard
C. Webber.
Be
That a public hearing was duly called, noticed
and held on said application on January 8,
1990.
Co
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 building
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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Resolution No. 2729
January 8, 1990
Page 2
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Towers, chimneys, roof structures,
flagpoles, radio and television aPtennae.
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Landscaping, parking area design and
traffic cir-ulation.
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Location, height and standards of
exterior illumination.
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Location and appearance ct equipment
located outside of an enclosed structure.
10. Physical relationship of .:roposed
structures to existing structures in the
neighborhood.
11. App~°'~rance and design relationship of
proposed structures to existing
structures and possible future structures
in the neighborhood and public
thoroughfares.
12. Development Guidelines and criteria as
adopted by the City Council.
That a variance from two sections of the
Tustin Zoning Code, Section 9228 c(5),
relating to rear setbacks, and Section 9271
n(5), relating to the setback of accessory
structures, is warranted as demonstrated in
the following findings:
·
There are unusual or exceptional
circumstances applicable to the property
which de not apply to other properties
within the suburban residential district·
Lot 1 is a narrow rectangle, nearly three
times as deep as it is wide. However, it
has s~'~f~cient lan,~ area to ~icw the
construcY.lon of 10 units· T~ achieve
maximum density, the applicant o:. ~inally
propose¢ two linear buildings %.;.~th ~he
five units in each lined up in a row,
flanking a central access drive. Open
space was provided by the required 25-
foot front and rear yard setbacks, with
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Resolution No. 2729
January 8, 1990
Page 3
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the units clustered together in the
center of the lot.
The applicant has subsequently revised
the site plan. In the current proposal
or Lot 1, units appear to be duplexes
rather than row houses. Open space is
evenly distributed over the entire lot
instead of concentrated at each end of
the development. The proposed garage
will align with one relocated and three
existing garages on Lot 2. It seems
reasonable to allow the new garage to be
sited similarly to the existing to allow
the existing traffic pattern will be
retained. Further, providing the
required 3-foot setback may create a
narrow strip between the rear wall of the
garage and the perimeter wall, where
loitering may occur or trash may collect.
While the configuration of the lot does
not preclude a conforming structure, the
adverse impacts of strictly adhering to
code requirements warrant support of the
request.
Granting the variance will not convey a
privilege to the property owner which is
not enjoyed by other property owners in
the same district. There are only four
properties zoned R-4 in the vicinity.
They are located southeast of the site
and fully developed with single-family
dwellings. The configuration of those
lots does not restrict conforming
development.
Granting the variance will not be
detrimental to adjacent and surrounding
properties. The parcel to the rear of
the site is zoned Retail C~mmercial
District (C-I) and developed with a
bowling alley. It is constructe~ on the
property line, without any yard setback.
No window or door openings face the site.
The proposed condominium units with a
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Resolution No. 2729
January 8, 1990
Page 4
nine-foot rear yard setback will have
little impact on the neighborinc ~se or
structure. The proposed garage abuts the
parking and trash areas of th* commercial
building (bowling alley)· T~c p~oposed
zero-foot garage setback will ma~ch the
existing detached garage setbacks on the
site.
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The granting of th,. variance will not be
contrary to the Clry's General Plan by
providing or~.erly de~.?lopment.
II. The Planning Commission hereby conditionally
approves Design Review 88-70 and Variance 89-19,
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 8th day of January,
1990.
Secretary
LESLIE ANNE PONTIOUS,
Chairman
EXHIBIT A
DESIGN REVIEW 88-?0 AND VARIANCE 89-19
CONDITIONS OF APPROVAL
RESOLUTION NO. 2?29
GENERAL
(1) 1.1 The proposed project shall substantially conform with the
submitted plans for the project date stamped November
28, 1989 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 consistent with the Tustin Zoning 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 Design review and variance 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 any permits.
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 Buildin.: Official.
mmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmm
SOURCE CODES
(1) STANDARD CONDITION (5) SPECIFIC PLA/~
(2) CEQA MITIGATION (6) RESPONSIBLE AGENCY REQUIREMENT
(3) UNIFORM BUILDING CODE/S (?) LANDSCAPING GUIDELINES
(4) DESIGN REVIEW (8) PC/CC POLICY
*** EXCEPTION
Exhibit A
Resolution No. 2729
Janu, ry 8, 1990
Page 2
(2) B.
(3)
(2) C.
(3)
De
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(2) F.
(3)
Preliminary technical detail and plans for all
utility installations including cable TV, telephone,
gas, water and electricityr show loc~tions of all
connections on plans. All utilities shall be
underground, cable TV conduit and wiring shall be
internal, no exterior wiring shall be permitted.
Additionally, a note on plans shall be included
stating that no field changes shall be ma,~ without
corrections submitted to and approved by the
Building Official.
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. Subject grading
submittal shall comply with all requf, rements of
Condition 4.1, contained in Exhibit A of Planning
Commission Resolution No. 2728.
(1)
(6)
Information, plans and/or specifications to ensure
satisfaction of Conditions 1.1, 1.2, 1.3, 1.4, 1.5
and 1.6 of Exhibit A of Planning Co~mission
Resolution No. 2728.
Ge
Information to ensure compliance with Conditions
5.1, 5.2, 5.3, 5.4, 5.5 and 5.6 of Exhibit A of
Planning Commission Resolution No. 2728.
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. The report and
any subsequent field inspection shall comply with
Condition 6.1 and 6.2 of Exhibit A of Planning
Commission Resolution No. 2728.
(1) H.
(6)
Each condominium unit shall be provided with
separate electric and gas meters when such service
is supplied.
Each condominium unit shall be equipped with
sepa_'ate water meters or a separate water shutoff.
Exhibit A
Resolution No. 2729
January 8, 1990
Page 3
(1,2) I.
(6)
Information to ensure compliance with Conditions 4.1
and 4.2 of Planning Commission Resolution No. 2728.
(1) 9_. Z Provide a complete development/construction phasing plan,
including timing of construction of units and street
improvements, and ensuring adequate access to and around
the site. Indicate the location of any anticipated model
units.
SITE AND BUILDING CONDITIONS
*** 3.1 Where they occur, guest parking spaces shall be readily
visible. Such spaces shall also be labeled as "Guest
Parking" spaces (provide details for such marking and
labeling) .
(1) 3.2 Modify building elevations and proposed exterior
(4) materials as follows:
A®
Gas and electric meters, water heater compartments,
shall be integrated into main building design.
B. Show all downspouts and gutters.
(4) c.
The rear (northeast) elevation of Building 1 must
be revised to include more architectural detailing,
such as windows and changes of plane, to minimize
the "back of the building" appearance. The revised
elevations shall be submitted to the Director of
Community Development for review and approval.
De
For the condominiums, provide a roof tile mix that
incorporates 80% dark tiles and 20% light tiles.
(1) 3.3 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 detailin~ and noted
on submitted construction plans and eleva'ions shall
indicate all colors and materials to be usea.
Exhibit A
Resolution No. 2729
January 8, 1990
Page 4
(4) 3.4 The proposed material color samples must be revised.
Beige-tone walls with dark, contrasting trim is
recommended. The revised colors shall be submitted to
the Director of Community Development for review and
approval. Prior to issuance of a Certificate of
Occupancy, the applied paint color will also be inspected
and approved by the Community Development Departm~'nt.
(1) 3.5 Note on final ~,lans 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) 3.6 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 a sufficient distance from frontage
of the project.
(3)
(4)
(1) 3.7 Submit detail for all on-site walls to be constructed by
developer including any screening walls within the
project. Show type of wall cap and type of color,
exterior materials on walls and decorative treatment of
all exposed walls. Walls and fences which do not also
serve as perimeter walls for project shall be consistent
with main building treatments.
(1) 3.8 Submit mailbox architectural details indicating color and
(4) exterior treatment (number of coats of paint, wear and
durability features) for review and approval of Director
of Community Development. Designs shall be compatible
with main buildings.
(1) 3.9 For the condominiums, automatic garage door openers shall
be provided on all garages, note such on floor plans.
Exhibit A
Resolution h~. 2729
January 8, 1990
Page 5
LANDSCAPING, GROUNDS AND HARDSCAPE ELEMENTS
(1) 4.1 Submit at plan check complete detailed landscaping and
(7) irrigation plans for all landscaping areas consistent
with adopted City of Tustin Landscaping and Irrigation
Submittal Requirements. Provide summary table applying
indexing identification to plant materials in their
actual location. The plant table shall list botanical
and common names, sizes, spacing, actual location and
quantity of the plant materials proposed. Show planting
and berming 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
Department of Community Development may request minor
substitutions of plant materials or request additional
sizing or quantity materials during plan check. Note on
landscaping plan that adequacy of coverage of landscaping
and irrigation materials is subject to field inspection
at project completion by the Department of Community
Development.
(7) 4.2 The submitted landscaping plans at plan check shall
reflect the following requirements:
ae
Turf is unacceptable for grades over 25%. A
combination of planting materials must be used,
ground cover on large areas along is not acceptable.
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.
Ce
Provide one 15 gallon tree for each five parking
spaces within an open parking area.
De
Shrubs shall be a minimum of 5 gallon size and shall
be spaced a minimum of 5 feet on center when
intended as screen planting.
E,
Ground cover shall be planted between 8 to 12 inches
on center.
Exhibit A
Resolution No. 2729
January 8, 1990
Page 6
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When 1 gallon plant sizes are used the spacing may
vary according to materials used.
Up along fences and/or walls and equipment areas,
provide landscaping screening with shrub-' a.~d/or
vines and trees on plan check drawings.
Ail plant materials shall be installed in a healthy
vigorous condition typical to the species and
landscaping must be maintained in a neat and healthy
condition; this wil? include but not be limited to
trimming mowing, weeding, removal of litter,
fertilizing, regular watering, or replacement of
diseased or dead plants.
Buffer driveway and parking areas with landscaping
berms when possible.
Earth mounding is essential and must be provided to
applicable heights whenever it is possible in
conjunction with the submitted landscaping plan.
Earth mounding should be particularly provided along
Champion Way.
Thickly planted landscaping shall be installed along
the edge of the project. Use natural landscaping
and other architectural detailing and use of
materials to border structured parking areas and
soften their visual appearance.
Major points of entry to the project, courtyards and
pedestrian internal circulation routes shall receive
specimen size trees to create an identification
theme.
Landscape adjacent to the right-of-way shall be
coordinated with parkway landscaping. Peri~eter
walls should be treated with vines in c. rder to
relieve large expanses of walls with adding ?~eenery
and color. Vines should be informally grouped with
training devices installed.
Mail box locations shall be treated as social nodes
and shall include a bench and trash can with
appropriate landscape and hardscape. All a] 'nities
Exhibit A
Resolution No. 2729
January 8, 1990
Page 7
shall be consistent and compatible with project
architecture.
(1) 4.3 Screening adjacent to roadways, whenever possible, shall
(7) compliment the architecture, color and construction
(4) material of primary buildings on the site.
(1) 4.4 Provide details, colors, and materials for decorative
(7) paving materials at project entrance.
(4)
4.5 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.
Street light fixtures shall be decorative and resemble
site lighting fixtures.
FEES
(1) 5.1 Payment of all fees required in Condition 9.4 of Exhibit
(6) A of Planning Commission Resolution No. 2728.
PR:kbc
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, PENNI FOLEY, the undersigned, hereby certify that I am the
Recording Secretary of the Planning Commissipn of the City of
Tustin, California; that Resolution No. ~7~ was duly passed
and adopted at a regular mee~ng of the Tustin Planning Commission,
held on the ~'/~' day of ~A-~-~ , 199~.
P EN/~I FOLEY
Recording Secretary