HomeMy WebLinkAboutPC RES 25582
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RESOLUTION NO. 2558
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TUSTIN, APPROVING VARIANCE 88-01 AUTHORIZING A
REDUCTION IN FRONT YARD SETBACK FROM 24 TO 20 FEET AND
REAR YARD SETBACK FROM 30 TO 16 FEET ON PROPERTY
LOCATED AT 450 W. FIRST STREET.
The Planning Commission of the City of Tustin does hereby resolve as
fol 1 ow s'
I. The Planning Commission finds and determines as follows'
A. That a proper application, (Variance No. 88-01), was filed by
Harry and Charlene Gates, requesting authorization to vary from
the requirements of the First Street Specific Plan by reducing
a second floor front yard setback from 24 feet to 20 feet and
the required rear yard setback from 30 feet to 16 feet.
B. That a public hearing was duly called, noticed and held on said
application on January 23, 1989.
C. That because of special circumstances applicable to the subject
property, relative to size, shape, topography, location or
surroundings, a strict application of the Zoning Ordinance is
found to deprive subject property of privileges enjoyed by other
properties in the vicinity and under identical zone
classification, evidenced by the following findings:
®
Subject property is a small, narrow lot as compared to many
other similiarly zoned properies along First Street.
Properties on either side of the subject site are developed
with structures and uses which make the opportunity of lot
consolidation infeasible.
e
Only 120 square feet of floor area extends onto the
required second floor front yard. While the First Street
Specific Plan requires a first floor building setback of 16
feet and a second floor setback of 24 feet, front building
setbacks proposed for the project range from 20 feet along
the east side of the site to approximately 56 feet on the
west side of the site, reducing the visual scale of the
project by introducing vertical articulation features
recommended in the First Street Specific Plan.
3. Other property owners in the same district are developed
with buildings provided with less than the required
setbacks. The proposed project also abuts an R-3 (Multiple
Family) District along the southerly boundery whereas most
properties in the vicinity immediately abut an R-1 (Single
Family) District. The existing multiple family units to
the south of the site are designed with a solid building
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Resolution No. 2558
Page two
windows and the subject project proposes a solid 6'8" high
block wall and landscaping buffer along the rear property
line reducing any potential impacts.
me
Requiring the applicant to provide the required setbacks
would reduce the developability of the property to a point
that it may not be feasibly developed.
5. The proposed use is consistent with the following
objectives contained in the Land Use Element of the Tustin
Area General Plan'
a)
To establish an identification as a professional
office area providing quality structures with design
amenities.
b) To encourage development of First Street between the
Newport Freeway and Newport Avenue for professional
commercial development in a depth that will result in
quality improvements while protecting enjoyment of
abutting residential properties.
D. That the granting of a variance as herein provided will not
constitute a grant of special privilege inconsistent with the
limitations upon other properties in the vicinity and district
in which the subject property is situated.
E. That a Negative Declaration has been prepared for the project
and all potential impacts of the project will be mitigated.
F. That the granting of the variance as herein provided will not be
contrary to the intent of the Zoning Ordinance or the public
safety, health and welfare, and said variance should be granted.
II.
The Planning Commission grants a variance as applied for, to
authorize a reduction in the required second floor front yard setback
from 24 feet to 20 feet and the rear yard setback from 30 feet to 16
feet at 450 W. First Street, subject to conditions attached as
Exhibit A and incorporated herein by reference.
PASSED AND ADOPTE_~) at a reg.~l~r meeting o,f the Tustin Planning Commission,
held on the 23rd day of January, 1989.
A.L. a-ker ~-
· /,,~,.t
Penni Foley Z:/
Se cre ta ry
VARIANCE 88-01
EXHIBIT A
CONDITIONS OF APPROVAL
RESOLUTION NO. 2558
GENERAL
(1) 1.1 The proposed project shall substantially conform with the submitted plans for
the project date stamped January 28, 1988 on file wi th the Community
Development Department, as herein modified, 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 Variance approval shall become null and void unless building permits are
issued and substantial construction is underway within twelve {12) months of
the date on this Exhibit.
1.4 The applicant shall execute a covenant agreement to hold subject two parcels
as one and/or apply for a Certificate of Compliance as determined by the City
Attorney, subject to payment of all document preparation fees.
PLAN SUB~ ITTAL
2.1 At building plan check submittal:
(3)
A. Construction plans, structural calculations, and Title 24 energy
calculations must be submitted. Requirements of the Uniform Building
Codes, State Handicap and Energy Requirements shall be complied with as
approved by the Building Official including the following:
1) Exterior walls less than 20 feet from any property line shall be of
1 hour fire resistive construction.
2) Treatments along the elevation shall be 2 hour if less then 10 feet
from the property line or a minimum 30" parapet wall shall be
constructred wi th some fi re rating as exterior wall.
*** 3 )
Roof coverings shall be of fire retardant construction complying
with Section 3202 of the Uniform Building Code.
SOURCE CODES
(1) STANDARD CONDITION
(2) ENVIRONMENTAL MITIGATION
(3) UNIFORM BUILDING CODE/S
(4) DESIGN REVIEW
*** EXCEPTION
(5) SPECIFIC PLAN
(6) RESPONSIBLE AGENCY REQUIREMENT
(7) LANDSCAPING GUIDELINES
(8) PC/CC POLICY
'_xhibit A
~esolution No. 2558
/ariance 88-01
~age two
(2) B.
(3)
(2) C.
(3)
(2) D.
(3)
(1)
(2)
(6)
E.
4) Proposed wood trellis features shall be fire treated heavy timber.
5) Chimney extensions shall be reduced so that they do not extend more
than 24 inches above the horizontal roof line.
6) The secondary stairwell access shown on the rear easterly side of
the property shall be provided with a walkway to the rear of the
exterior parking lot. A second walkway from this rear parking lot
area shall be provided parallel to the west property line with a
minimum width of 44 inches extended to the front edge of the
proposed tuck-under parking lot.
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 wi%hour 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.
A precise soils engineering report provided by a soils engineer within
the previous twelve (12) months.
Information, plans and/or specifications to ensure satisfaction of all
Public Works Department requirements including but not limited to:
1) A street improvement plan will be required showing all construction
within the limits of the public street right-of-way. Construction
items to be shown shall include but not be limited to the following:
a) driveway apron removal/replacement
b) sidewalk removal/replacement
c)
d)
e)
f)
g)
curb and gutter removal/replacement
sanitary sewer service
domestic water service
fire service (if utilized)
removal of irrigation weir box and plugging of irrigation
pipelines.
2) The driveway width of 25 feet shown on the submitted site plan does
not meet the City minimum standard width of 27 feet. Additionally,
the V-section dimensions of 3 feet should read 4 feet for 8" curb
face.
Exhibit A
Resolution No. 2558
Variance 88-01
Page three
3) The trash enclosure as shown may be difficult to service. Developer
shall verify location with Great Western Reclamation and have them
submit a letter of concurrence with the proposed location.
4) All existing overhead utilities exclusively serving site to be
removed, and all new utilities provided underground.
s)
Any damage done to existing street improvements and utilities shall
be repaired before issuance of a Certificate of Occupancy for the
development.
6)
Prior to any work in the public right-of-way, an excavation permit
must be obtained and applicable fees paid to the Public Works
Department.
(2) F.
(6)
Information to ensure compliance with all 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 Tustin Water Department and
compliance with all requirements pertaining to construction.
SITE AND BUILDING CONDITIONS
(4) 3.1 The following information and/or corrections shall be provided and noted on
(5) plans as applicable:
Ae
Provide legal description.
B. Correct zoning designation to indicate property is in First Street
Specific Plan area; C-G (PUD) Districts.
C. Show all dimensions on plans including elevations.
D. Show all easements affecting the site.
E. Provide total lot area of site on plans.
F. Provide details on marking and assigning handicapped and compact spaces
for the project.
G. A six inch raised continuous concrete curb shall separate landscape areas
abutting 90 degree parking spaces. A minimum vehicle overhang of 2.5
feet will be permitted.
H. Provide sample of all proposed paving materials and installation
specification.
ixhibit A
~esolution No. 2558
'ariance 88-01
>age four
I. Consistent with Condition 2.1(b), a second walkway shall be provided
parallel to the parking under the building and the westerly property
line.
J. The location of handicapped space shown on the submitted site plan is
unacceptable. The handicapped space shall be relocated and shall be
designed with a width of 9 feet and a 5 foot cross-hatched access
walkway. The current location of the space shall be redesigned as a
standard 9 foot wide parking space with a 2 foot pedestrian walkway
adjacent to the required landscape strip parallel to the First Street
ri ght-of-way 1 i ne.
~4) 3.2 Modify building elevations and proposed exterior materials as follows:
(5)
A. Provide building elevations with all dimensions, indicate al 1
architectural forms, colors, materials, and details.
**
At-grade parking is tucked under the second floor which gives the
building the appearance of being built on stilts. Provide a wall
extension with architectural detailing at front and rear of structure
extending to grade level from second floor.
C o
Exterior architectural features and materials that should be incorporated
into the project to establish consistency with First Street Specific Plan
Design Guidelines and, architectural features of recent projects
completed in the area including the project immediately to the west
should include wherever possible as determined appropriate by the
Director of Community Development.
1)
Roof overhangs, where possible, can include rafter extension with
exposed beams or stuccoed soffits along the roof instead of timber
trim.
2) Windows and spandrels recessed for emphasis or designed with stucco
casing.
3} Possible incorporation of arched windows, or doorway arching on
stucco detailing on west and east elevations
4) Incorporation of glazed or unglazed tile as an accent.
5) Gates may only be painted black, reddish brown or dark green.
6) Uood trellis to be fire-treated heavy ti~-ber and may be painted dark
brown or light brown.
Exhibit A
Resolution No. 2558
Variance 88-01
Page fi ve
7) Exposed columns not within tuck-under parking area to be
architectually consistent with main building treatments (i.e.,
stuccoed).
8) The trellis on the east elevation which is raised to the second
floor elevation should be reduced to a single story. Shade-roof
overhangs above windows would be a more pleasing treatment and meet
fire-rated requirements if soffits stuccoed.
De
Show all downspouts and gutters. No exterior downspouts shall be
permitted on any facade which is visible from the adjacent street. Roof
scuppers shall be installed with a special lip service so that overhang
driveway will not stain walls.
(1) 3.3 A exterior color and material sample board shall be submitted. All exterior
(4) colors and m:~terials to be used shall be subject to review and approval of the
Director of the Community Development Department. All exterior treatments
must 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.
*** 3.4 The Director of Community Development shall also have the authority to
authorize minor amendments to the site plan to accommodate necessary site
revisions and to resolve issues identified herein provided modifications are
consistent with the First Street Specific Plan.
(1) 3.5 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) 3.6 All mechanical and electrical fixtures and equipment shall be adequately and
(4) 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.
Exterior elevations of the building(s) shall indicate any fixtures of
equipment to be located on the roof of the building, equipment heights and
type of screening. All parapets shall be at least six inches above rooftop
equipment for purposes of screening.
(1) 3.7 Submit detail for all proposed walls to be constructed by developer. Show
(3) type of wall cap and type of color, exterior materials on walls which should
(4) be consistent and decorative treatment of all exposed walls. Check the
building code and provide details for all treatments. Provide wall/fence
legend on site plan.
xhibit A
esolution No. 2558
ariance 88-01
age si x
1) 3.8 Submit mailbox architectural detail indicating color and exterior treatment
4) (number of coats of paint, wear and durability features) for review and
approval of Director of Community Development.
1) 3.9 The proposed trash enclosure shall match main building materials and be
4) screened by a decorative wall of a minimum height of six feet and if required,
a dense type of landscaping. The actual location of said enclosures and types
of screening shall be subject to approval by the Director of Community
Development and verified by a letter from Great Western Reclamation.
LANDSCAPING, GROUNDS AND HARDSCAPE ELEMENTS
ii i i i
1) 4.1 Submit at plan check complete detailed landscaping and irrigation plans for
7) all landscaping areas consistent with adopted City of Tustin Landscaping and
5} Irrigation Submittal Requirements and First Street Specific Plan Design
Guidelines. Provide summary table applying indexing identification to plant
materials in their actual location. The plan and table must list botantical
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 coverage
of landscaping irrigation materials is subject to field inspection at project
completion by the Department of Community Development.
]1) 4.2 The submitted landscaping plans at plan check must reflect the following
:7 ) requirements:
A. Turf is unacceptable for grades over 25%. A combination of planting
materials must be used, ground cover on large areas alone is not
acceptable.
Be
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 5 parking spaces within an open
parking area.
De
Shrubs shall be a minimum of 5 gallon size and shall be spaced a minimum
of 8 feet on center when intended as screen planning.
E. Ground cover shall be planted between 8 to 12 inches on center.
Exhibit A
Resolution No. 2558
Variance 88-01
Page seven
F. When 1 gallon plant sizes are used the spacing may vary according to
materials used.
G. Up along fences and/or walls and equipment areas, provide landscaping
screening with shrubs and/or vines and trees on plan check drawings.
H. All 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 will include but not be limited to triming,
mowing, weeding, removal of litter, fertilizing, regular watering, or
replacement of diseased or dead plants.
I. The landscape area parallel to the front lot line shall be partially
bermed against the proposed 3 foot high walls to provide some undulation
to the landscaping streetscape.
J. A thickly planted landscape 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 the property line
and soften their visual appearance.
K. The front parking lot as a major point of entry to the project and a
pedestrian internal circulation routes shall receive specimen trees to
create an identification theme.
L. Landscape adjacent to .the right-of-way shall be coordinated with parkway
landscaping. Perimeter wall(s) should be treated with vines in order to
reduce the large expanses of wall(s) by adding greenery and color. Vines
should be informally grouped with training devices installed.
(4) 4.3 The use of decorative paving techniques such as interlocking concrete pavers
is encouraged, particularly for pedestrian paths in the front parking lot
area. Decorative paving shall also be used around landscaped areas to provide
a more aesthetic appearance.
(4) 4.4 Provide details, colors, and materials for all exterior walkways, stairs and
walls. Design interior walkways to create a reinforced pedestrian corridor
with accessory landscaping treatment.
(4) 4.5 A complete, detailed project sign program including design, location, sizes,
colors, and materials shall be submitted for review and approval by the
Department of Community Development.
The sign program shall include project identification, addressing and
directional signs to direct autos to proper access, parking and loading.
]xhibit A
lesolution No. 2558
'ariance 88-01
'age eight
14) 4.6 Indicate lighting scheme for project, note locations of al! exterior lights
f, 2) and types of fixtures, lights to be installed on building 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.
CULTURAL RESOURCES
, . i
j2} 5.1. Within 60 days prior to approval of a building permit for the site the
developer shall provide a report to the City listing potential sites that the
existing house might be moved to and/or the feasibility of saving and
relocating the house. Upon approval of a site by the Community Development
Department, the developer shall obtain the necessary permits and move the
existing house to said site, including placement on a foundation and upgrading
of all plumbing and electrical wiring to current code standards. The
developer may also solicit local historical societies/organizations to assume
ownership and responsibility to relocate said house within the City or
elsewhere in Orange County.
:2) 5.2 If no relocation sites are found within the City or elsewhere in Orange County
or if relocation or saving the house is found infeasible, the developer shall
provide a report to the Community Development Department documenting their
efforts to find a site or information that saving and moving the structure is
infeasible. The Community Development Director may review the report with the
City's Cultural Resources Advisory Commission for an advisory recommendation
only. Upon acceptance of the report by the Director of Community Development,
the developer shall provide a complete, detailed photo survey and record of the
subject house for the City's records and the house be be demolished subject to
all Building Code requirements. The developer may offer the local historical
society the opportunity to remove selected architectural elements of the
building that can be removed at little cost and trouble to the developer. In
the event the report is not accepted, the Community Development Director may
request that additional steps or documentation be provided by the applicant for
re vi ew.
FEES
1) 6.1 Prior to issuance of any building permits, .oayment shall be made of all
3) required fees including:
6)
2} A. Major thoroughfare and bridge fees to Tustin Public Works Department.
B. Sanitary sewer connection fee to Orange County Sanitation District No. 7.
C. East Orange County Water District fee.
Exhibit A
Resolution No. 2558
Variance 88-01
Pa§e ni ne
D. Grading plan checks and permit fees to the Community Development
Department.
E. All applicable Building plan check and permit fees to the Community
D( velopment Department.
F. k~ew development fees to the Community Development Department.
G. School facilitie.~ fee to the Tustin Unified School District subject to
any agreement reached and executed between the District and the
developer.
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF TUSTIN
I, PENNI FOLEY, the undersigned, hereby certify that I am the Recordine
Secretary of the Planning Commission of the City of Tustin, California; that
Resolution No. ~.~ ~ was duly passed ~n.d a,dopted at~.a regular meeting of
the Tustin Plan~i'ng Commission, held on the ~td day of ~'-~t4~? ,
PENNI FOLEY
Recording Secretary