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RESOLUTION NO. 2461
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TUSTIN, CONDITIONALLY APPROVING DESIGN REVIEW 87-22
AND VARIANCE 87-5 FOR A 145 UNIT CONDOMINIUM PROJECT
ON A 11.3 ACRES ON LOT 5.OF SECTOR TRACT 12763.
The Planning Commission of the City of Tustin does hereby resolve as
follows:
I. The Planning Commission finds and determines as follows:
A.
A proper application, Design Review 87-22 & Variance 87-5,
was filed by LDM Development Inc. requesting approval of 145
unit condominium project and of a Variance to vary with the 10'
foot setback from private street as required by the East Tustin
Specific Plan.
B. A public hearing was duly called, noticed and held on said
application on November 23, 1987.
C. 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.
5. Size and spacing of windows, doors and other openings.
6. Towers, chimneys, roof structures, flagpoles, radio and
television antennae.
7. Landscaping, parking area design and traffic circulation.
8. Location, height and standards of exterior illumination.
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Resolution No. 2461
Page two
9. Location and appearance of equipment located outside of an
enclosed structure.
10. Location and method of refuse storage.
11. Physical relationship of proposed structures to existing
structures in the neighborhood.
12. Appearance and design relationship of proposed structures
to existing structures and possible future structures in
the neighborhood and public thoroughfares.
13. Proposed signing.
14. Development Guidelines and criteria as adopted by the City
Counci 1.
D. Pursuant to Section 9292 of the Tustin Municipal Code, the
Commission makes the following findings on the proposed
variance.
1. Due to special circumstances applicable to the subject
property relative to size, shape and access constraints, a
strict application of the setback requirement of the East
Tustin Specific Plan would deprive the subject property of
privileges enjoyed by other properties in the vicinity and
under an identical zoning class designation.
2. Compliance with the 10 foot setback requirement from a
private street would reduce the effective provision of
public services and result in a lack of residential privacy
for the subject project.
3. The use is in conformance with the Tustin Area General
Plan;
4. The granting of a Variance as herein provided will not be
contrary to the intent of the East Tustin Specific Plan or
the public safety, health and welfare.
5. 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.
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Resolution No. 2461
Page three
II.
The Planning Commission conditionally approves Design Review 87-22
authorizing construction of a 145 unit condominium project and
Variance 87-5 to authorize a reduction in the minimum 10 foot setback
required from a private street in the East Tustin Specific Plan
subject to the conditions attached hereto as Exhibit A.
PASSED AND ADOPTED, at a
held on the 23rd day of November, 1987
KA'FHY WE I ~
Chai rma n
EXHIBIT A
DESIGN REVIEW 87-22 and VARIANCE 87-5
CONDITIONS OF APPROVAL
RESOLUTION NO. 2461
November 23, 1987
GENERAL
(1) 1.1 The proposed project shall substantially conform with the submitted plans for
the project date stamped October 19, 1987 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 permit for the project,
subject to review and approval by the Community Development Department.
(1) 1.3 Design review approval shall be become null and void unless building permits
are issued within eighteen {18) months of the date on this Exhibit.
PLAN SUB~II-FAL
2.1 At building plan check submit:
(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)
B. 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)
(3)
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.
(2) D.
(3)
A Precise soils engineering report provided by a soils engineer within
the previous twelve (12) months.
SOURCE CODES
(1) STANDARD CONDITION
(2) EIR NITIGATION
(3) UNIFORM BUILDING CODE/S
(4) DESIGN REVIEW
*** EXCEPTION
(5) SPECIFIC PLAN
(6) RESPONSIBLE AGENCY REQUIREMENT
(7) LANDSCAPING GUIDELINES
(8) PC/CC POLICY
ixhibit A
',esolution No. 2461
'age two
1)
2)
6)
E.
Information, plans and/or specifications to ensure satisfaction of all
Public Works Department requirements including but not limited to
conditions contained in Resolution No. 2459.
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 Irvine Ranch Water District
and compliance with all requirements pertaining to construction.
12) G.
(3)
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 45dBa's.
13) H.
~6)
Detailed plans for pool and spa areas must be reviewed and approved by
the Orange County Health Department. All pool and spa areas must be
enclosed by a five {5) foot high fence with self-closing and latching
gates with access by key only and with vertical openings no greater than
mm ·
11) 2.4 Consideration shall be given to rough plumbing to retain future solar heating
12) options. Copper shall be installed from hot water closet and the hot water
18) closet shall be adequate in size to accommodate a solar water heater and
addition of a 110v electrical outlet.
[1) 2.5 Applicant will be permitted to obtain building permits for model unit
construction prior to approval of Final Map 13161 provided all building code
requirements have been met including Public Works, Fire Department and
Community Development Department requirements and approvals.
· ** 2.6 A pedestrian/bicycle paseo shall be provided in proximity to Tusttn Ranch Road
at the southwest portion of the project from within the tract to the adjacent
public right-of-way to meet Orange County Transit District requirements and to
{2) facilitate direct and hazard free connections to adjacent projects and to
(6) neighborhood support services only in the event that perimeter security
fencing is not required along Lagier Way pursuant to Condition 3.5. The
design and location of said paseo shall be subject to approval of the Director
of Community Development.
SITE AND BUILDING CONDITIONS
11) 3.1 All exterior colors to be used shall be subject to a review and approval of
14) 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.
Exhi bi t A
Resolution No. 2461
Page three
(1) 3.2 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) 3.3 No rooftop mechanical or electrical fixtures and equipment shall be provided.
(4) All telephone and electrical boxes must be indicated on the building plans and
shall be completely screened. Electrical transformers, where provided and
wherever possible shall be located toward the interior of the project
maintaining a sufficient distance from frontage of the project.
(1) 3.4 Submit detail for all on-site subdivision walls to be constructed by developer
(3) including private patio fences or block walls within interior of project.
Show type of wall cap and type of color, exterior materials on subdivision
(4) walls which should be consistent with wall concepts approved for Tract 12763
and decorative treatment of all exposed walls. Block walls which do not al so
serve as perimeter walls for project shall be consistent with main building
treatments. A protective rail or guard must be installed on top of retaining
walls where there is more than a thirty (30) inch drop. Check the building
code and provide details for such treatment.
** 3.5 'A detailed design study of perimeter security fencing and security gating
(6) shall be completed by developer to address the potential problem of high
(4) school and community park traffic and parking within the project and to ensure
conformance with the Fire Department, Public Works and Police Department
concerns. The actual alternative design approach selected by developer to
address the problem shall be subject to the approval of the Director of
Community Development.
..... (1) 3.6 Submit mailbox architectural detail indicating color and exterior treatment
(4) (number of coats of paint, wear and durability features) and architectural
design for review and approval of Director of Community Development.
(1) 3.7 Provide final master sign plan for project to include: a) private street and
{3) drive identification; b) on-site address signs. Provide generalized location,
(4) sizes, design and colors subject to review and approval of Tustin Police
(5) Department, Orange County Fire Department and Community Development
Department.
** 3.8 Provide details for labeling guest parking spaces.
(1)
** 3.9 Automatic garage doors shall be provided on all garages.
(5)
'xhibit A
',esolution No. 2461
'age four
LANDSCAPING, GROUNDS AND HARDSCAPE ELE)4ENTS
17) 4.1 Submit at plan check complete detailed landscaping and irrigation plans for
all landscaping areas with exception of lot "0" consistent with adopted
Landscaping and Irrigation Submittal Requirements. 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 mi nor
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.
(7) 4.2 The submitted landscaping plans at plan check must reflect the following
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. Please note locations for proposed incorporation of sod.
B. 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.
C ·
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.
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 disease or dead plants.
Exhi bi t A
Resolution No. 2461
Page five
I ·
Buffer driveway and parking areas visible through wrought iron fencing
with a 30" high minimum landscaping berm.
4.3 In irrigation areas controller to be enclosed in lockable housing. Design
irrigation systems to provide sufficient coverage of avoiding water overspray
on buildings and sidewalks. Note of this requirement to be on plan check
drawings.
(1) 4.4 Provide details on lighting scheme for project. Note final locations of all
{4) exterior lights and types of fixtures. Lights to be installed shall have a
decorative design. No lights shall be permitted to create any glare or have a
negative impact on adjoining properties. The location and types of lighting
shall be subject to approval of Community Development Director and of the
Tustin Police Department.
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 Commission of the City of Tustin, California; that
Resolution No. :,~/ was duly passed and ~d~Fpted at a~regular meetin~q of
the Tustin Planning Commission, held on the~_~_~'rday of /~
.
198_~_._.
PENNI FOLEY
Recording Secretary