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RESOLUTION NO. 2560
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TUSTIN APPROVING USE PERMIT 88-31 AND VARIANCE 88-12,
TO ALLOW THE DEVELOPMENT OF TWO (2) DETACHED,
TWO-STORY DWELLING UNITS ON A PARCEL LOCATED AT 13641
GREEN VALLEY AVENUE THAT IS SUBSTANDARD IN LOT AREA
AND LOT WIDTH.
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 for Use Permit 88-31 and Variance
88-12 has been filed by Luiz and Jo Ann Matos, requesting
authorization to construct two (2) detached two-story dwelling
units on a legally created parcel that is substandard in lot
area and lot width, located at 13641 Green Valley Avenue.
B. That a public hearing was duly called, noticed and held for said
application on January 23, 1989.
C. That the project has been determined to be Categorically Exempt
(Class 3) pursuant to the provisions of Section 15303(b) of the
California Environmental Quality Act.
D. That in approving Use Permit 88-31, the Planning Commission
finds and determines that the 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 in the neighborhood of such proposed use, evidence by
the following findings:
1. The use applied for is in conformance with the Tustin
General Plan.
2. The site is located in the R-3 (2700) zoning district.
3. The use applied for is a conditionally permitted use in the
R-3 (2700) zoning district.
4. As designed, the project meets or exceeds all applicable
standards of the R-3 {2700) zoning district and is
consistent and compatible with the design of existing
surrounding developments.
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Resolution No. 2560
Page two
E. That in approving Variance 88-12, the Planning Commission makes
the following findings:
1. That there are unusual or exceptional circumstances related
to the shape, size, topography, location or intended use of
the subject property, which are not commonly found on other
properties located in the same zoning district in that the
subject property was legally created in 1924 and
subseq~ently annexed into the City in 1980, at which time
it became a legal, non-conforming parcel.
2. That the variance is necessary to protect a substantial
property right, which right is enjoyed by other property
owners in the same zoning district under like
circumstances in that there are other multi-unit
developments on similar substandard parcels (created by the
same tract map) that were constructed prior to annexation
into the City.
3. That the granting of this variance will not be materially
detrimental to the surrounding properties in that the
layout and design of the project is consistent with
surrounding developments and meets or exceeds all other
applicable standards of the R-3 (2700} zoning district.
4. That the granting of this variance is consistent with the
General Plan in that the project will not result in
disorderly development and is in keeping with the standards
of the R-3 {2700) zoning district.
F. That the establishment, maintenance, and operation of the use
applied for will not be injurious or detrimental to the property
and improvements in the neighborhood of the subject property,
nor to the general welfare of the City of Tustin, and should be
granted.
G. That the proposed development shall be in accordance with the
development policies adopted by the City Council, Uniform
Building Codes as administered by the Building Official and
Fire Code and administered by the Orange County Fire Marshal.
II. The Planning Commission hereby approves Use Permit 88-12, authorizing
the construction of two (2), detached two-story dwelling units
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Resolution No. 2560
Page three
on a legally created, substandard parcel (in area and width) located
at 13641 Green Valley Avenue subject to the conditions contained in
Exhibit A, attached hereto.
PASSED AND ADOPTE[~ at a regular meeting of the Tustin Planning Commission,
held on the 23rd day of January, 1989.
-..:%,. ~.~.~, ~ , .
P~n
' P~nni' Foley
i Se
c re ta ry
EXHIBIT A
USE PERMIT 88-31 AND VARIANCE 88-12
CONDITIOYS OF APPR~¥AL
RESOLUTIOK NO. 2560
GENERAL
(1) 1.1 The proposed project shall substantially conform with the submitted plans for
the project date stamped December 30, i988, on file wi th the Community
Development Department, as herein modifieU, or as modified by the Director of
Community Development Department in accordance with this Exhibit.
(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 These approvals shall become null and void unless buildin~r permits are issued
within twelve (12) months of the date on this Exhibit.
(1) 1.4 Prior to issuance- of building permits applicant shall sign and submit an
Agreement to Conditions Imposed form to the Community Development Department.
PLAN SUBM Il-[AL
2.1 At building plan check submittal provide:
(2)
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)
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 included stating that no field changes shall be
made without corrections submitted to and approved by the Building
Official.
(2)
C. 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.
FEES
(1) 3.1 Prior to issuance of any permits, the applicant shall pay plan check and
inspection fees for all public and/or private infrastructure improvements
within City's responsibility.
SOURCE CODES
(1) STANDARD CONDITION
(2) UNIFORM BUILDING CODE/S
(3) DESIGN REVIEW
*** EXCEPTION
(4) RESPONSIBLE AGENCY REQUIREI~ENT
(5) LANDSCAPING GUIDELINES
(6) PC/CC POLICY
Exhibit A
Resolution No. 2560
Use Permit 88-31 & Variance 88-12
Page two
{1) 3.2 Prior to issuance of any building permits, payment shall be made of all
(2) required fees including:
.... (4)
A. Major thoroughfare and bridge fees to Tustin Public Works Department.
B. Sanitary sewer connection fee to Orange County Sanitation District.
C. Grading plan checks and permit fees to the Community Development
Department.
D. All applicable Building plan check and permit fees to the Community
Development Department.
E. New development fees to the Community Development Department.
F. School facilities fee to the Tustin Unified School District.
SITE AND BUILDING CORRECTIONS
{3) 4.1 The following items shall be incorporated into plans and addressed at time of
building iplan check:
A. Provide exact details of exterior doors and window types and treatments
(i.e., framing, color, glass tint). On building #1 incorporate
multi-paned treatment into the sliding glass door, also add half-circle
window above slider. On both buildings, incorporate multi-paned windows
into all elevations.
B. All mechanical and electrical fixtures and equipment 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.
C.
Change railing at top of stairs on building #1 to solid wall to increase
privacy of deck area and provide architectural detailing facing Green
Valley so elevation does not appear to be a side elevation instead of a
front elevation {a gate may be desireable at top of stairs for security
purposes).
De
Provide details of light fixtures. All fixtures shall be of a decorative
nature and designed so as not to illuminate beyond property site line.
PUBLIC/PRIVATE INFRASTRUCTURE IMPROVEMENTS
(1) 5.1 At building plan check, submit plans for the following:
(4)
A. A new 5800 HPSV street light on a marbelite pole is required.
Exhibit A
Resolution No. 2560
Use Permit 88-31 & Variance 88-i. 2
Page three
B,
Submit a separate street improvement plan showing all proposed
construction within the public right-of-way at time of building plan
check.
LANDSCAPING, GROUNDS AND HARDSCAPE ELEMEI:TS
(3) 6.1 At building plan check submit landscape and irrigation plans addressing the
(5) following:
Ae
Earth mounding is essential and must be provided to appicable heights
whenever it is possible in conjunction with the submitted landscaping
plan. Earth mounding should be particularly provided along Green Valley
frontage.
B ·
Landscaping plans shall address the control of fertilizers, pesticides,
and irrigation water runoff.
Ce
Provide details, colors, and materials for all exterior walkways, stairs
and wal 1 s.
Do
A completely detailed landscape and irrigation plan shall be submitted
with whatever scale necessary to adequately depict what is occurring.
Provide summary table applying indexing identification to plant materials
in their actual location. The plan and table shall list botantical and
common names, sizes, spacing, acutal 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 shall be provided.
Show all property lines on the landscaping and irrigation plan,
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 quanity of materials
during plan check. Please 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.
The submitted landscaping plans should reflect the following
requirements:
1. Turf is unexceptable for grades over 25%; a combination of planning
materials must be used, ground cover on large areas alone is not
acceptable.
Exhibit A
Resolution No. 2560
Use Permit 88-31 & Variance 88-12
Page four
2. 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.
1
Provide one tree for each two units within open space areas and
around units.
e
In addition to our required street trees, provide landscaping
adjacent to structures on the site including one 15 gallon tree
for every 30 lineal feet of exterior wall.
E. All newly planted trees shall be staked according to City standards.
F. Shrubs shall be a minimum of 5 gallon size and shall be spaced a
minimum of 5 feet on-center when intended as screen planning.
G. Ground cover shall be planted between 8 to 12 inches on-center.
H. When i gallon plant sizes are used, the spacing may vary according
to materials used.
I. Up along fences and or walls, provide landscaping screening with
shrubs, and or vines and trees.
J. All plant materials shall be installed in a healthy vigorous
condition typical to the species.
Ke
All landscaping shall be enclosed by a minimum 6 inch high concrete
curb.
L. Maintain landscaping in a neat and healthy condition; this will
include but not be limited to triming, mowing, weeding, removal of
litter, fertilizing, regular watering, or replacement of diseasec or
dead plants.
M. Any landscaping adjacent to the right-of-way should be coordinated
with parkway landscaping.
N. Select and locate plant and irrigation materials to promote water
and energy conservation.
·
In irrigation areas, controller should be enclosed in lockable
housing. Design irrigation systems to provide sufficient coverage
while avoiding water overspray on buildings and sidewalks.
*** 5.2 Provide landscape "nodes" at garage doors to enhance driveway area.
combination of ground cover and shrubs is recommended in these areas.
ST. ATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF TUSTIN
I, PENNI FOLEY, the undersigned, hereby certify that i am the Recording
Secretary of the Planning Commission of the City of Tustin, California; that
Resolution No. ~?~ l.
Lm.(~ was duly passed ant a_qopted at~-a..regular n~eting of
the~T~stin Planning Commission, hel~ on the ~ day of ~2~ci.~.~ ~,~, ,
PENNI FOLEY
Recording Secretary