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HomeMy WebLinkAboutO.B. 01 VAR 91-019 05-18-92Maw OLD BUSINESS NO. 1 p'T 5/18/92 L -N DA �. 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 1 2 3 4 5 6! 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. AEB : rwn :.rte ''� \\; `, 9I -CI WAI.L. re 1.01 - _j 1 PDX Iry Y)'.*fXP5 I I ok rfsqVATe aVE. KNk,SITE PLAN. DOIVIf..EY•B►FNNET7 Architecture • Planning * Engineering 1282.1 Newport Avenue - Tustin - California 92680 7141131-6033 * 7141731-6371 CIOWC. - SW^LPI • -WT 017 > \xx - X t4O Y�ALLe IX 0 9I -CI WAI.L. re 1.01 - _j 1 PDX Iry Y)'.*fXP5 I I ok rfsqVATe aVE. KNk,SITE PLAN. DOIVIf..EY•B►FNNET7 Architecture • Planning * Engineering 1282.1 Newport Avenue - Tustin - California 92680 7141131-6033 * 7141731-6371 i 2 3 4 5 6 7 8 9 10 ]1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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; 1 2 3 4 5 6 7 8 9 10 11' 12 13 14 15 16 17 18. 19 20 21 22 23 24 25 26 27 28 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 � 20' 27. 22 23 24 25 26 27 28 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. AEB:nm W 0 '°',tri .•, .. , •, N':`. 1 C -04C. NO WALLe �T .161 PDX ca�L. 4 WgRREN AVE 4N,,SITE PLAN K \ �3 \"�� 5 - 1 JAIDONla*BaNE'ii ARCH Architectute • Planning 0 Engineering 12821 Newport Avenue • Tustin • California 92680 714/731-6033.714/731-6371 t 1 I