HomeMy WebLinkAboutO.B. 01 VAR 91-019 05-18-92Maw OLD BUSINESS NO. 1
p'T 5/18/92
L -N DA
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Inter -Com
�r MAY 18, 1992
►�: WILLIAM A. HUSTON, CITY MANAGER
t=fiOM: COMMUNITY DEVELOPMENT DEPARTMENT
SIJ13JECT: VESTING TENTATIVE PARCEL MAP 91-288, VARIANCE 91-019 AND
DESIGN REVIEW 91-048
RECOMMENDATION
It is recommended -that the City Council take the following actions:
1. Adopt Resolution No. 92-68, approving^Vesting Tentative Parcel
Map 91-288 as submitted or revised; and
2. Adopt Resolution No. 92-66, approving Variance 91-019 and
Design Review 91-048 as submitted or revised.
BACKGROUND/DISCUSSION
Pursuant to the City Council's direction at the close of the public
hearing concerning the subject applications, staff has prepared the
attached resolutions.
Pursuant to the City Council's request, conditions of approval have
been included requiring the developer to provide landscaping for
those areas defined as the twenty -foot setback from Holt Avenue and
the five-foot setback from Warren Avenue, including the corner -cut
off at the intersection. The proposed landscaping shall be
required to be in compliance with the City's Landscaping and
Irrigation Submittal Requirements.
"-nel E. Bonn r
Associate Planner
CAS:AE8:nm\zc92001c
Christine A. Shingl on
Assistant City Man er
Community Development
Attachments: Resolutions Nos. 92-66 and 92-68
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RESOLUTION NO. 92-68
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN APPROVING VESTING TENTATIVE PARCEL MAP NO.
91-288
The City Council of the City of Tustin does hereby resolve as
follows:
I. The City Council finds and determines as follows:
A. That Vesting Tentative Parcel Map No. 91-288 was
submitted to the Planning Commission by J. P.
Greubel Company for consideration.
B. That a public hearing was duly noticed, called and
held on said application by the Planning Commission
on March 23, 1992, and the item was continued to
April 13, 1992, whereby the Planning Commission
recommended to the City Council denial of the
subject request. Whereas, a public hearing was
duly noticed, called and held on said application
by the City Council on May 4, 1992, and the item
was continued to May 18, 1992.
C. That the project will not have a significant effect
on the environment and a Negative Declaration has
been prepared pursuant to the provisions of the
California Environmental Quality Act.
D. That the proposed subdivision is in conformance
with the Tustin Area General Plan as it pertains to
the development of single family dwellings.
E. That the site is physically suitable for the type
of development proposed.
F. That the site is physically suitable for the
proposed density of development.
G. That the design of the subdivision or the proposed
improvements are not likely to cause substantial
environmental damage or substantially and avoidably
injure fish or wildlife in their habitat.
H. That the design of the subdivision or the type of
improvements proposed will not conflict with
easements acquired by the public -at -large, for
access through or use of the property within the
proposed subdivision.
I. That the design of the subdivision or the types of
improvements proposed are not likely to cause
serious public health problems.
Resolution No. 92-68
Page 2
II. The City Council hereby approves Vesting Tentative Parcel
Map No. 91-288, subject to the conditions attached hereto
as Exhibit A. -
PASSED AND ADOPTED at a regular meeting of the Tustin City
Council, held on the 18th day of May, 1992.
Leslie Anne Pontious,
Mayor
Mary E. Wynn,
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
CERTIFICATION FOR RESOLUTION NO. 92-68
MARY E. WYNN, City Clerk and ex -officio Clerk of the City
Council of the City of Tustin, California, does hereby certify
that the whole number of the members of the City Council of
the City of Tustin is five; that the above and foregoing
Resolution was duly and regularly passed and adopted at a
regular meeting of the City Council held on the 18th day of
May, 1992, by the following vote:
COUNCILPERSONS AYES:
COUNCILPERSONS NOES:
COUNCILPERSONS ABSTAINED:
COUNCILPERSONS ABSENT:
MARY E. WYNN, City Clerk
EXHIBIT A
VESTING TENTATIVE TRACT MAP 91-288
RESOLUTION NO. 92-68
CONDITIONS OF APPROVAL
PUBLIC/PRIVATE INFRASTRUCTURE IMPROVEMENTS
(1) 1.1 Prior to recordation of final map, the Subdivider shall
(2) prepare plans for and construct or post security
(3) guaranteeing construction of all public and/or private,
infrastructure improvements in conformance with
applicable City standards, subject to approval of the
City Engineer, including but not limited to the
following:
A. Curb and gutter/cross gutters
B. Sidewalks including access facilities for
physically handicapped persons
C. Drive aprons/approach
D. Street paving
E. Street signing and paving
F. Landscaping/irrigation facilities
G. Sanitary sewer service facilities
H. Domestic water service facilities
I. Reclaimed water service facilities
J. Utility connections (i.e., gas,. electric,
telephone, and cable T.V. facilities)
K. Street and paseo lighting
L. Storm drains and subdrains (* The storm drain
facilities within this tract will be private drains
to be maintained)
M. Undergrounding of existing and proposed utility
distribution lines
N. Lot monumentation
O. Fire hydrants
The amount of acceptable security for construction of
public improvements shall be reviewed and approved by the
Public Works Department. The amount and acceptable
security for private improvements shall be reviewed and
approved by the Building Official.
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 - Vesting Tentative Parcel Map 91-288
Resolution No. 92-68 - Conditions of Approval
Page 2
*** 1.2 Subdivider shall design those public improvements east of
the tract boundaries through to the western boundary of
the El Modena Flood Channel, and shall be responsible for
providing the design of any necessary transitions to
accommodate any discrepancies in sidewalk alignment.
Said design shall be submitted to the City Engineer for
review and approval.
(1) 1.3 All construction within a public right-of-way and/or
public easement must be shown on a separate 24" x 36"
plan with all construction referenced to applicable City
or County standard drawing numbers.
(1) 1.4 All changes in existing curbs, gutters, sidewalks and
other public improvements shall be responsibility of
subdivider.
(1) 1.5
(2)
(1) 1.6
(5)
Preparation of plans for and construction of:
A. All sanitary sewer facilities must be submitted as
required by the City Engineer and local sewering
agency. These facilities shall include a gravity
flow system per standards of the Tustin Water
District.
B. A domestic water system must be to the standards of
the Tustin Water District/City of Tustin Water
Service, whichever is applicable at the time of
plan preparation. Improvement plans shall also be
reviewed and approved by the Orange County Fire
Department for fire protection purposes. The
adequacy and reliability of water system design and
the distribution of fire hydrants will be
evaluated. The water distribution system and
appurtenances shall also conform to the applicable
laws and adopted regulations enforced by the Orange
County Health Department. Any required reclaimed
water systems shall be to the standards as required
by the Tustin Water District.
Proposed public streets shall be designed to the
following specifications:
A. All proposed streets shall be designed in
substantially the same width and alignment as shown
on the approved vesting tentative map unless
modified and approved by the Directors of Community
Development and Public Works. Specific design of
street improvements shall be subject to final
Exhibit A - Vesting Tentative Parcel Map 91-288
Resolution No. 92-68 - Conditions of Approval
Page 3
approval by the City Engineer consistent with
Exhibit B attached hereto.
B. All public and private streets shall be constructed
in accordance with City requirements in terms of
type and quality of materials used.
*** C. Placement of all above ground facilities, such as
signing, street lights and fire hydrants shall be
behind the sidewalk when said sidewalks are
constructed adjacent to the curb within the public
right-of-way.
*** D. Parking shall not be permitted along on-site
private streets and private drives unless in
identified guest parking locations.
*** E. The private street, Lot "A", must be posted and
red -curbed for "No Parking."
(1) 1.7 Private streets, storm drain, water and sewer improvement
(8) plans shall comply with the "City of Tustin" Minimum
Design Standards for on-site Private Street and Storm
Drain improvements with the following exceptions:
A. The private street may. be constructed to a paved
street width of 28 feet.
B. The private street may terminate in a stub
configuration rather than a cul-de-sac.
C. The private street may be constructed with a five-
foot curb adjacent sidewalk on one side.
DEDICATIONSIRESERVATIONS/EASEMENTS
(1) 2.1 The subdivider shall satisfy dedication and/or
(2) reservation requirements as applicable, including but not
(5) limited to dedication of all required street and flood
control right-of-way easements, vehicular access rights,
sewer easements and water easements defined and approved
as to specific location by the City Engineer and other
reasonable agencies.
*** 2.2 The subdivider shall prepare a reciprocal access
agreement for Lots 2 and 4 for the shared driveway. The
agreement shall be recorded after review and approval by
the Director of Community Development and the City
Attorney.
Exhibit A - Vesting Tentative Parcel Map 91-288
Resolution No. 92-68 - Conditions of Approval
Page 4
*** 2.3 A landscape easement shall be provided by the subdivider
for Lots 1 and 3 on the final map for those areas
depicted on Exhibit B attached hereto, and a deed
restriction prepared restricting the construction of any
structures over three feet in height in these areas.The
easement and deed restriction shall be submitted for
review and approval by the Director of Community
Development and City Attorney.
(1) 2.4 This development shall be annexed to the Tustin Lighting
District. The developer shall provide a letter to the
City stating that the annexation will not be protested.
*** 2.5 The subdivider shall execute a maintenance agreement with
the City for landscaping in the right-of-way.
CONSTRUCTION ACTIVITIES ADJACENT TO PUBLIC RIGHT-OF-WAY
(1) 3.1 Prior to recordation of the final map, subdivider shall
(2) post with the Community Development Department a minimum
$2,500 cash deposit or letter of credit to guarantee the
sweeping of streets and clean-up of streets affected by
construction activities. In the event this deposit is
depleted prior to completion of development or City
appearance of public streets, an additional incremental
deposit will be required.
(1) 3.2 Any damage done to existing street improvements and
utilities shall be repaired before acceptance of the
tract and/or issuance of a Certificate of Occupancy for
the development on any parcel within the subdivision.
(1) 3.3 Prior to any work in the public right-of-way, an
Excavation Permit must be obtained and applicable fees
paid from the Public Works Department.
GRADINGIGENERAL
(1) 4.1 Prior to issuance of grading permits:
(2)
A. A detailed soil engineering report shall be
submitted to and approved by the Building Official
conforming to the requirements of the Uniform
Building Code, City Grading Requirements, and all
other applicable State and local laws, regulations
and requirements.
Exhibit A - Vesting Tentative Parcel Map 91-288
Resolution No. 92-68 - Conditions of Approval
Page 5
B. Preparation and submittal of a grading plan subject
to approval of the Department of Community
Development delineating the following information:
1. Methods of drainage in accordance with all
applicable City standards.
2. All recommendations submitted by geotechnical
or soils engineer and specifically approved by
them.
3. Compliance with conceptual grading shown on
tentative tract map.
4. A drainage plan and necessary support
documents such as hydrology calculations to
comply with the following requirements:
a. Provision of drainage facilities to
remove any flood hazard to the
satisfaction of the City Engineer which
will allow building pads to be safe from
inundation from rain fall which may be
expected from all storms up to and
including the theoretical 100 year storm
and dedication of any necessary easements
on the final map as required.
b. Elimination of any sheet flow and
ponding.
C. Provision of drainage facilities to
protect the lots from any high velocity
scouring action.
d. Provision for tributary drainage from
adjoining properties.
5. All flood hazard areas of record.
6. A note shall be placed on the grading plan
requiring Community Development Department
approval of rough grading prior to final
clearance for foundations. The Department
will inspect the site for accuracy of
elevations, slope gradients, etc. and may
require certification of any grading related
matter.
Exhibit A - Vesting Tentative Parcel Map 91-288
Resolution No. 92-68 - Conditions of Approval
Page 6
(1) 4.2 All earthwork shall be performed in accordance with the
(3) City of Tustin Municipal codes and grading requirements.
(1) 4.3 Any grading and/or placement of fencing or block wall
*** over Flood Control District easements shall require the
removal of existing chain-link fence, a permit from the
Engineering/Public Works Department, and a permit from
Flood Control District (EMA).
FIRE DEPARTMENT
(1) 5.1 Prior to the recordation of a final tract/parcel map,
(2) water improvement plans shall be submitted to and
approved by the Fire Chief for adequate fire protection
and financial security posted for the installation. The
adequate and reliability of water system design, location
of valves and the distribution of fire hydrants will be
evaluated and approved by the Chief.
(1) 5.2 Prior to issuance of any building permits for combustible
(2) construction, evidence that adequate water supply for
fire protection is available shall be submitted to and
approved by the Fire Chief. Fire hydrants and access
roads shall be in place and operational to meet
requirements and fire -flow prior to commencing
combustible materials.
(1) 5.3 Prior to the issuance of any building permits, all
underground piping for automatic fire extinguishing
systems shall be approved. Plans for an automatic fire
extinguishing system shall be approved by the Fire Chief
prior to installation. Such systems shall be operational
prior to the issuance of a certificate of use and
occupancy for Lots 2 and 4 due to flag lot condition.
(1) 5.4 Prior to the issuance of any certificates of use and
(2) occupancy, all street(s) having a curb -to -curb width of
less than 36 feet shall be red curbed and posted "No
Parking --Fire Lane", as per 1988 Uniform Fire Code
Section 10.207, in a manner meeting the approval of the
County Fire Chief or shall be widened to provide 36 feet
of travelway, curb -to -curb, within a 48 -foot right-of-
way, in a manner meeting the approval of the Manager,
Subdivision Division.
(1) 5.5 Prior to the issuance of any certificates of use and
(2) occupancy, all fire hydrants shall have a "Blue
Reflective Pavement Marker" indicating its location on
Exhibit A - Vesting Tentative Parcel Map 91-288
Resolution No. 92-68 - Conditions of Approval
Page 7
the street or drive, per Orange County Fire Department
Standard. On private property, these markers are to be
maintained in good condition by the property owner.
NOISE
(1) 6.1 Prior to the issuance of any building permits:
(2)
(3) A. A final acoustical analysis report describing the
acoustical design features of the structures
required to satisfy the exterior and interior noise
standards shall be submitted to the Tustin
Community Development Department for approval along
with satisfactory evidence which indicates that the
sound attenuation measures specified in the
approved acoustical report(s) have been
incorporated into the design of the project. The
acoustical analysis shall be prepared by an expert
or authority in the field of acoustics.
All residential lots and dwellings shall be sound
attenuated against present and projected noises,
which shall be the sum of all noise impacting the
project, so as not to exceed an exterior standard
65 dBa CNEL in outdoor living areas and an interior
standard of 45 dBa CNEL in all habitable rooms is
required. Evidence prepared under the supervision
of an acoustical consultant that these standards
will be satisfied in a manner consistent with
applicable zoning regulations shall be provided.
(1) 6.2 Prior to issuance of any Certificates of Use or
(3) Occupancy, field testing in accordance with the Title 25
(2) regulations may be required by the Building Official to
verify compliance with STC and IIC design standards.
(1) 6.3 All construction operations including engine warm up
shall be subject to the provisions of the City of Tustin
Noise Ordinance and shall take place only during the
hours of 7:00 a.m. until 6: 00 p.m. , Monday through Friday
unless the Building Official determines that said
activity will be in substantial conformance with the
Noise Ordinance and the public health and safety will not
be impaired subject to application being made at the time
the permit for the work is awarded or during progress of
the work.
CC&R'S
Exhibit A - Vesting Tentative Parcel Map 91-288
Resolution No. 92-68 - Conditions of Approval
Page 8
(1) 7.1 The proposed subdivision requires the formation of a
homeowners' association and CC&R's in order to assure
maintenance responsibility for the landscape easements
shown on Exhibit B attached hereto and the private
street. Prior to approval of the final map, the
subdivider shall submit CC&R's for approval by the
Community Development Department and City Attorney's
Office. 'Costs for such review shall be borne by the
subdivider. A copy of the final documents shall be
submitted to the Community Development Department after
their recordation. CC&R's shall include but not be
limited to the following provisions:
A. Since the City is interested in protecting the
public health and safety and ensuring the quality
and maintenance of common areas under control of a
Homeowner's Association, the City shall be included
as a party to the CC&R' s for enforcement purposes
of those CC&R provisions in which the City has
interest, as reflected by the following B through
L. However, the City shall not be obligated to
enforce the CC&R's.
B. The requirement that association bylaws be
established.
C. Provisions for effective establishment, operation,
management, use, repair and maintenance of all
common areas and facilities including landscaped
areas within the recorded landscape easements for
Lots 1 and 3; walls and fences and private roadways
(i.e., walks, sidewalks, trails).
D. Membership in any Homeowner's Association shall be
inseparable from ownership in individual lots.
E. Architectural controls shall be provided and may
include but not be limited to provisions regulating
exterior finishes, roof materials, fences and
walls, accessory structures such as patios,
sunshades, trellises, gazebos, awnings, room
additions, exterior mechanical equipment,
television and radio antenna.
F. Maintenance standards shall be provided for
applicable items listed in Section C above in
CC&R's. Examples of maintenance standards are
shown below:
Exhibit A - Vesting Tentative Parcel Map 91-288
Resolution No. 92-68 - Conditions of Approval
Page 9
1. All common area landscaping and private lawn
areas visible from any public way shall be
properly maintained such that they are evenly
cut, evenly edged, free of bare or brown
spots, free of debris and free of weeds above
the level of the lawn. All planted areas
other than lawns shall be free of weeds, dead
vegetation and debris. All trees and shrubs
shall be trimmed so they do not impede
pedestrian traffic along the walkways. Trees
shall be pruned so they do not intrude into
neighboring property and shall be maintained
so they do not have droppings or create other
nuisances to neighboring property. All trees
shall also be root pruned to eliminate exposed
surface roots, and damage to sidewalks,
driveways and structures.
2. All private roadways, sidewalks and paseo
shall be maintained so that they are safe for
users. Significant pavement cracks, pavement
distress, excessive slab settlement, abrupt
vertical variations and debris on travel ways
should be removed or repaired promptly.
3. Common areas shall be maintained in such a
manner as to avoid the reasonable
determination of a duly authorized official of
the City that a public nuisance has been
created by the absence of adequate maintenance
such as to be detrimental to public health,
safety, or general welfare, or that such a
condition of deterioration or disrepair cause
harm or is materially detrimental to property
values or improvements within three hundred
(300) feet of the property may also be added
as alternative language.
G. Homeowner's Association approval of exterior
improvements requiring a building permit shall be
obtained prior to requesting a building permit from
the City of Tustin Community Development
Department. All plans for exterior improvements
shall conform to requirements set forth by the City
and the CC&R's.
H. Residents shall not store or park any non -motorized
vehicles, trailers or motorized vehicles that
exceed 7 feet high, 7 feet wide and 19 feet long in
Exhibit A - Vesting Tentative Parcel Map 91-288
Resolution No. 92-68 - Conditions of Approval
Page 10
any parking, driveway or private street area except
for purpose of loading, unloading, making
deliveries or emergency repairs except that the
Homeowner's - Association may adopt rules and
regulations to authorize exceptions.
I. All utility services serving the site shall be
installed and maintained underground.
J. The Association shall be required to file the
names, addresses, and telephone numbers of at least
one member of the Association Board and where
applicable, a Manager of the project before January
1st of each year with the City of Tustin Community
Development Department for the purpose of
contacting the association in the case of emergency
or in those cases where the City has an interest in
CC&R violations.
K. Perimeter project block walls to be constructed on
private property shall be maintained and replaced,
if necessary by a Homeowner's Association. This
shall not preclude a Homeowner's Association from
assessing charges to individual property owners for
structural damage to the wall or fence.
L. No amendment to alter, modify, terminate or change
the Homeowner's Association's obligation to
maintain the common areas and the project perimeter
wall (include if the wall is located on private
property) or other CC&R provisions in which the
City has an interest, as noted above, or to alter,
modify, terminate or change the City's right to
enforce maintenance of the common areas and
maintenance of the project perimeter wall, shall be
effective without the prior written approval of the
City of Tustin Community Development Department.
TENANTLHOMEBUYER NOTIFICATION
(1) 8.1 Subdivider shall notify all potential homebuyers of the
following Assessment/Maintenance Districts affecting the
property:
A. City of Tustin 1982 Landscaping and Lighting
District as amended.
Exhibit A - Vesting Tentative Parcel Map 91-288
Resolution No. 92-68 - Conditions of Approval
Page 11
FEES
(1) 9.1 Prior to recordation of any final map, Subdivider shall
(3) pay plan check and inspection fees for all public and/or
private infrastructure improvements within City's
responsibility excluding those financed by an Assessment
District.
(1) 9.2 Prior to issuance of any building permits, payment shall
(3) be made of all required fees including:
A. Major thoroughfare and bridge fees to Tustin Public
Works Department.
B. Sanitary sewer connection fee to Orange County
Sanitation District.
C. East Orange County Water District fees.
D. Grading plan checks and permit fees to the
Community Development Department.
E. All applicable Building plan check and permit fees
to the Community Development Department.
7. New development fees to the Community Development
Department.
G. Parkland dedication in -lieu fees to the Community
Services Department.
H. Payment of applicable school facilities fees to the
Tustin Unified School District.
I. Within forty-eight (48) hours of approval of the
subject project, the applicant shall deliver to the
Community Development Department, a cashier's check
payable to the COUNTY CLERK in the amount of $25.00
(twenty-five dollars) pursuant to AB 3185, Chapter
1706, Statutes of 1990, enabling the City to file
the Notice of determination required under Public
Resources Code Section 21151 and 14 Cal. Code of
Regulations 15094. If, within such forty-eight
(48) hour period, the applicant has not delivered
to the Community Development Department the above -
noted check, the approval for the project granted
herein shall be considered automatically null and
void.
Exhibit A - Vesting Tentative Parcel Map 91-288
Resolution No. 92-68 - Conditions of Approval
Page 12
In addition, should the Department of Fish and Game
reject the Certificate of Fee Exemption filed with
the Notice of Determination and require payment of
fees, the applicant shall deliver to the Community
Development Department, within forty-eight (48)
hours of notification, a cashier's check payable to
the COUNTY CLERK in the amount of $1,250 (one
thousand, two hundred fifty dollars) pursuant to AB
3158, Chapter 1706, Statutes of 1990. If this fee
is imposed, the subject project shall not be
operative, vested or final unless and until the fee
is paid.
GENERAL
(1) 10.1 Within 24 months from tentative map approval, the
Subdivider shall file with appropriate agencies, a f inal
map prepared in accordance with subdivision requirements
of the Tustin Municipal Code, the State Subdivision Map
Act, and applicable conditions contained herein unless an
extension is granted pursuant to Section 9335.08 of the
Tustin Municipal Code.
(1) 10.2 Prior to occupancy of units, the Subdivider shall record
a final map in conformance with appropriate tentative
map.
(1) 10.3 Prior to final map approval.
A. Subdivider shall submit a current title report.
B. Provision for landscaping maintenance and ownership
of all landscape easements shall be the
responsibility of the adjoining property owners
and/or Homeowner's Association of Parcel Map 91-
288.
C. Subdivider shall submit a duplicate mylar of the
Final Map, or 82 inch by 11 inch transparency of
each map sheet prior to final map approval and "as
built" grading, landscape and improvement plans
prior to certificate of acceptance.
(1) 10.4 Subdivider shall conform to all applicable requirements
(5) of the State Subdivision Map Act, the City's Subdivision
ordinance and applicable conditions for Final Parcel Map
91-288.
Exhibit A - Vesting Tentative Parcel Map 91-288
Resolution No. 92-68 - Conditions of Approval
Page 13
(1) 10.5 Prior to release of building permits, all conditions of
approval of Design Review 91-048 and Variance 91-019 for
the subject project shall be complied with as shown on
Exhibit A, attached to Resolution 92-66 and incorporated
herein by reference.
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RESOLUTION NO. 92-66
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, APPROVING DESIGN REVIEW 91-048 A REQUEST TO
CONSTRUCT FOUR SINGLE-FAMILY HOMES AND RELATED
IMPROVEMENTS AND VARIANCE 91-019 A REQUEST TO
REDUCE THE FRONT YARD SETBACK FOR TWO FLAG LOTS TO
5 FEET AND TO REDUCE THE MINIMUM LOT WIDTH FOR ALL
FOUR LOTS TO WIDTHS BETWEEN 14 AND 45 FEET.
The City Council of the City of Tustin does hereby resolve as
follows:
I. The City Council finds and determines as follows:
A. That proper applications, Design Review No. 91-048
and Variance 91-019, were filed by J. P. Greubel
Company requesting approval of the development plan
for a four -lot subdivision including a reduction in
the required front yard setback and minimum lot
width.
B. That a public hearing was duly noticed, called and
held on said application by the Planning Commission
on March 23, 1992, and the item was continued to
April 13, 1992, whereby the Planning Commission
recommended to the City Council denial of the
subject request. Whereas, a public hearing was
duly noticed, called and held on said application
by the City Council on May 4, 1992, and the item
was continued to May 18, 1992.
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, the
occupancy as a whole. In making such f indings, the
Council 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;
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Resolution No. 92-66
Page 2
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;
9. Location and appearance of equipment located
outside of an enclosed structure;
10. Location and method of refuse storage;
il. 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; and
14. Development Guidelines and criteria as adopted
by the City Council.
D. That the variance authorized will not constitute a
grant of special privileges inconsistent with the
limitations upon other properties in the vicinity
and district in which the subject property is
situated and because of special circumstances
applicable to the subject property, including size,
shape, topography, location or surroundings, the
strict application of the Zoning Ordinance is found
to deprive the subject property of privileges
enjoyed by other properties in the vicinity and
under identical zone classification as evidenced by
the following:
1. There are definition constraints in the City
code regarding front property lines and yards
which, if strictly interpreted in this case,
result in the need for a variance; however,
the intent of these definitions are met.
2. The subject property is unusually configured.
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Resolution No. 92-66
Page 3
E. A Negative Declaration has been prepared for this
project pursuant to the requirements of the
California Environmental Quality Act. .
II. The City Council conditionally approves Design Review 91-
048, authorizing construction of four single-family homes
and related improvements; and Variance 91-019, reducing
the front -yard setback for two flag lots (Parcels 2 and
4) to five feet and reducing the minimum lot width for
all four lots to widths between 14 and 45 feet, subject
to conditions attached hereto as Exhibit A.
PASSED AND ADOPTED at a regular meeting of the Tustin City
Council, held on the 18th day of May, 1992.
Leslie Anne Pontious,
Mayor
Mary E. Wynn, City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
CERTIFICATION FOR RESOLUTION NO. 92-66
MARY E. WYNN, City Clerk and ex -officio Clerk of the City
Council of the City of Tustin, California, does hereby certify
that the whole number of the members of the City Council of
the City of Tustin is five; that the above and foregoing
Resolution was duly and regularly passed and adopted at a
regular meeting of the City Council held on the 18th day of
May, 1992, by the following vote:
COUNCILPERSONS AYES:
COUNCILPERSONS NOES:
COUNCILPERSONS ABSTAINED:
COUNCILPERSONS ABSENT:
MARY E. WYNN, City Clerk
(1)
. EXHIBIT A
DESIGN REVIEW 91-048 & VARIANCE 91-019
RESOLUTION NO. 92-66
CONDITIONS OF APPROVAL
GENERAL
1.1 The proposed project shall substantially conform with the
submitted plans for the project date-stamped May 18, 1992
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.
(1) 1.2 Unless otherwise specified, all 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 approvals shall become null
and void unless building permits are issued and
substantial construction is underway 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 building
permits.
PLAN SUBMITTAL
2.1 At building plan check, the following items shall be
submitted:
(3) A. Provide 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) B. Preliminary technical details and plans for all
(3) 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.
---------------------------------------------------------------
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
Resolution No. 92-66
Page 2
(2) C. Final grading and specifications consistent with the
(3) site plan and landscaping plans and prepared by a
registered civil engineer for approval by the
Community Development Department.
(2) D. A precise soils engineering report provided by a
(3) soils engineer within the previous twelve (12
months.
SITE AND BUILDING CONDITIONS
(4) 3.1 The following information shall be included in the final
working drawings:
A. Provide exact details of exterior door and window
types and treatments (i.e., framing. color, glass
tint) .
B. Meter enclosures shall be decorative; comparable
with building architecture.
C. Show downspouts and gutters.
(1) 3.2 All exterior colors to be used shall be subject to review
(4) approval of the Director of 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.
(1) 3.3 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. All
roof -mounted equipment shall be located in a mechanical
well and shall be a minimum of six (6) inches below the
existing parapet.
(1) 3.4 Note on final plans that a six-foot high chain-link 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) 3.5 All plans shall be in substantial conformance with
Condition Nos. 2.3; 4.1 through 4.3; and 5.1 through 5.5.
Exhibit A - Conditions of Approval
Resolution No. 92-66
Page 3
HARDSCAPE ELEMENTS
* * * 4.1 Provide letter of acceptance from the U.S. Postmaster for
the mailbox location and design.
(1) 4.2 Indicate locations of al exterior lights and types of
(4) fixtures, which shall be a decorative design. No lights
shall be permitted which may create any glare or have a
negative impact on adjoining units. The location and
types of lighting shall be subject to the approval of the
Director of Community Development.
*** 4.3 Location of project perimeter wall and finish materials
shall be reviewed and approved by the Director of
Community Development consistent with Exhibit B attached
hereto.
LANDSCAPING ELEMENTS
(7) 5.1 Submit at plan check complete detailed landscaping and
irrigation plans for those landscaping areas depicted on
Exhibit B attached hereto. These plans shall be
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 plan and table must 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 coverage of
landscaping irrigation materials is subject to field
inspection at project completion by the Department of
Community Development.
(7) 5.2 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,
groundcover on large areas alone is not acceptable.
- Exhibit A - Conditions of Approval
Resolution No. 92-66
Page 4
B. Provide a minimum of one 15 -gallon tree for every
30 feet of property line on the property perimeter
and five, five -gallon shrubs.
C. Groundcover shall be planted between eight to 12
inches on center.
D. When one -gallon plant sizes are used, the spacing
may vary according to materials used.
E. Up along fences and/or walls and equipment areas,
provide landscaping screening with shrubs and/or
vines and trees on plan check drawings.
F. 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 trimming, mowing, weeding, removal of
litter, fertilizing, regular watering or
replacement of diseased or dead plants.
G. A thickly -planted landscape shall be installed
along the edge of the project.
H. Landscape adjacent to the right-of-way shall be
coordinated with parkway landscaping. Perimeter
walls should be treated with vines in order to
reduce large expanses of walls by adding greenery
and color. Vines should be informally grouped with
training devices installed.
FEES
(1) 6.1 Payment of the following fees prior to the issuance of
any building permits shall be required:
A. All applicable plan check and building permit fees
to the Community Development Department.
B. All fees identified in Resolution No. 92-68.
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Architectute • Planning 0 Engineering
12821 Newport Avenue • Tustin • California 92680
714/731-6033.714/731-6371
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