HomeMy WebLinkAbout01 PARCEL MAP 91-288 12-04-95NO. 1
12-4-95
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Inter-Com
.)ATE-
DECEMBER 4, 1995
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM' COMMUNITY DEVELOPMENT DEPARTMENT
SUBJEOT: MODIFICATION OF LANDSCAPE EASEMENT CONTAINED ON LOT 3 OF
VESTING PARCEL MAP 91-288(JOHN CONNELLY)
RECOMMENDATION
It is recommended that the City Council approve a modification to
conditions of Parcel Map 91-288, to permit reconfiguration of a'
landscape easement for the purposes of constructing a Recreational
Vehicle garage by adopting Resolution 95-125 'as submitted or
revised.
FISCAL IMPACT
There are no fiscal imPacts associated with this project. As this
is an applicant initiated project the applicant has paid
application fees to recover the cost of processing this
application.
BACKGROUND
On September 7, 1995, the Community Development Department approved
Design Review 95-036 authorizing the construction of a 394 square
foot RV garage addition located on the west elevation of the
applicant's residence at the southeast corner of Holt Avenue and
Alexandra Place. The City Council approVed,Vesting Parcel Map 91-
288 on May 18, 1992, which consisted of a 4 lot residential (R-i)
subdivision. The garage addition was proposed within the existing
Landscape Easement area recorded for Lot 3 of Vesting Parcel Map
(VPM) 91-288. However, the recorded landscape easement prohibits
any structure over three feet in height from being located within
the easement. To accommodate the applicants' development proposal,
conditions were included which required the existing side yard wall
to be relocated along Holt Avenue and the existing landscape
easement's southern boundary to be similarly modified so that no
structures would be located within the easement area.
On September 14, 1995, the applicant filed an appeal requesting
that Condition 3.2 (a) and (c) related to relocating the fence and
modifying the boundary of the landscape easement area be deleted
from the project conditions.
City Council Report
VPM 91-288
December 4, 1995
Page 2
At the Planning Commission appeal hearing, the applicant indicated
that he was willing to modify the design of the existing landscape
easement and re-record it, but objected to the cost of relocating
his block wall and the additional restriction of his property that
Condition 3.2 (a)&(c) imposed. On October 9th, the Planning
Commission considered and granted the applicant's appeal waiving
Condition 3.2's requirement to relocate the existing block wall and
to expand the existing landscape easement area.
The Planning Commission however, could not approve the
modification/reduction of the landscape easement area since the
requirement for the easement was a specific condition imposed by
the CitY Council in their approval of Parcel Map 91-288. The
Planning Commission made their approval of the Design Review
contingent on the applicant obtaining from the City Council
modification to Condition 2.3 of Parcel map 91-288 which was the
original resolution approving the four lot subdivision for VPM 91-
288.
Surrounding proPerties to the north, east and west are residential
and developed with single-story, single-family residences.,
maintaining deep setbacks on lots averaging approximately 12,000
square feet in size. To the south of the project site, properties
have been developed with two-story, attached multiple-family
dwellings.
A public hearing notice identifying the time, date and location of
the public hearing on this project was published in the Tustin
Weekly. Property owners within 300 feet of the site were notified
of the hearing by mail and notices were posted on the site, at City
Hall and at the Police Department. The applicant was informed of
the availability of a staff report for this item.
DISCUSSION
Modification of the existing landscape easement for Lot 3 is
necessitated by the applicant's desire to construct a 394 square
foot RV garage addition onto the west elevation of his existing
residence. The proposed addition is a single story 11.25 foot wide
by 35 foot long expansion of the residence's existing three car
garage. The addition will be approximately 13 feet high and
continue the existing roof pitch and eave line. The proposed
garage encroaches approximately 191 square feet into the existing
712 square foot landscape easement area, reducing the easement area
to 521 square feet.
City Council Report
VPM 91-288
December 4, 1995
Page 3
The original recorded landscape easement on the subject Lot 3
predominately covers a portion of the front and side yard areas
from Alexandra Place south along Holt Avenue to the end of the rear
side wall of the existing 3 car garage. As can be seen by
comparing attachments B and'C, the primary impact of the proposed
RV garage will be the reduction in landscape width from 21 to 10
feet between the existing garage wall and sidewalk.
When the original development was approved, it was subject to
considerable debate among the adjacent residents, City staff,
Planning Commission and the City Council. To ensure compatibility
with the adjoining residences and to respond to neighborhood
concerns, a landscaped easement along Holt Avenue was created on
Lots 1 and 3. The purpose of the easement was to provide
assurances to adjacent residents that open landscaping would be
provided along Holt Avenue to create a consistent streetscape with
open setbacks similar to other homes on Holt Avenue in this
vicinity, to buffer the residences' from Holt, soften the
architectural facade presented to Holt and to serve as a transition
between the large setbacks of the estate development to the north
and two story multiple family development to the south. In order to
achieve these goals Condition 2.3 of City Council Resolution 92-68
required the recordation of landscape easements on Lots 1 and 3 of
VPM 91-288 adjacent to Holt Avenue (Attachment D).
Condition 2.3 of Parcel Map 91-288
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 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.
The City Council's action would require modification of the
condition language requiring the landscaped easement as follows:
City Council Report
.VPM 91-288
December 4, 1995
Page 4
Revised Condition 2.3 for Parcel Map 91-288
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 Revised Exhibit A approved
by the City Council on December 4, 1995, 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.
If approved the requested modification would result in an increase
in usable lot area for the property owner, reduce the existing
landscape easement area by 191.25 square feet and the width of the
landscape easement along Holt Avenue from 21 to 10 feet.
CONCLUSION
Based on the actions of the Planning Commission, it is. recommended
that the City Council approve a Modification of Condition 2.3 of
Vesting Parcel Map 91-288 to modify an existing landscape easement
by adopting Resolution No. 95-125, as submitted or revised.
R~~~!~t~D ·
Assistant Planner
Attachments: Location Map
A. Submitted plans for DR 95-036
B. Existing Landscape Easement
C. Proposed Landscape Easement
D. Dedication/Reservation/Easement Conditions of Final
Map 91-288 Reso. 92-68
E. Resolution No. 95-125
LOCATION
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14732 147J ~ 1473] ~14731 14732
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~ IRVINE BOULEVARD
IRVINE BOULEVARD
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NO SCALE
EXISTING GARA(
EXIST
ATTACHMENT
A
Holt
Elevation'
ATTACHMENT A I
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DO~:BENNETT '
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Architecture - Planning . Engineering
12821 Newport Avenue - Tusnn · California 92680
714/731-6033- 714/731-6371
ATTACHMENT B
RV GARAG:
for: Mr. and Mrs. ~ ohn Connelly
andscaping
~'oposed RV garage
I Connelly
Residence
2
,SITE PLAN
Architecture · Planning . Engineering
12821 Newport Avenue - Tusrin . California 92680
714/731-6033- 71'W731-6371
ATTACHMENT C
Exhibit A - Vesting Tentative Parcel Map 91-288
Resolution No. 92-68 - Conditions of Approval
DEDICATIONS/RESERVATIONS/EASEMENTS
(1) 2.1 The
(2)
(5)
subdivider shall satisfy dedication and/or
reservation requirements as applicable, including but not
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 t~e shared driveway. The
agreement shall be recorded after review and approval by
the Director of Community Development and the City
Attorney.
*** 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.
ATTACHMENT D
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RESOLUTION NO. 95-125
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, APPROVING MODIFICATION TO VESTING PARCEL
MAP 91-288 TO RECONFIGURE THE RECORDED LANDSCAPING-
EASEMENT FOR LOT 3 OF VESTING PARCEL MAP 91-288
REDUCING THE AREA AND ADJUSTING THE BOUNDARIES OF
THE EASEMENT FOR THE CONSTRUCTION OF AN RV GARAGE
ADDITION LOCATED AT 18262 ALEXANDRA PLACE.
The City Council of the City of Tustin does hereby resolve as
follows:
I ·
The City Council finds and determines as follows:
A·
That an application for modification of Exhibit "B"
of Condition 2.3 of Resolution 92-68 for Vesting
Parcel Map 91-288 has been submitted by Mr. John
Connelly.
Bt
That a public hearing was duly called, noticed and
held for said map on December 4, 1995, by the City
Council.
C,
Whereby the City Council of the City of Tustin has
considered evidence presented by the Community
Development Director and other interested parties.
Do
That this project has been determined to be
Categorically Exempt (Class 3) pursuant to Section
15303 of the California Environmental Quality Act.
E®
The proposed modification of Vesting Parcel Map 91-
288 is in conformance with the Tustin Area General
Plan, Subdivision Map Act, as it pertains to the
development of residential development.
F·
That the site is physically suitable for the type
of development proposed.
Ge
That the design of the revised Parcel Map is not
likely to cause substantial environmental damage or
substantially and un-avoidably injure fish or
wildlife in their habitat.
He
That the design of the revised Parcel Map 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 revised Parcel Map or other
types of improvements proposed are not likely to
cause serious public health problems.
Resolution No. 95-125
1 Page 2
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II. The City Council hereby approves modification to Vesting
Parcel Map 91-288 to modify Condition 2.3 of Resolution
92-68 to read as follows:
"A landscape easement shall be provided by the
subdivider for Lots 1 and 3 on the final map
for those areas depicted on Revised Exhibit A
approved by the City Council on December 4,
1995, 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 prior to the issuance of building
permits."
PASSED AND ADOPTED by the City Council of the City of Tustin,
at a regular meeting on the 4th day of December, 1995.
JIM POTTS
Mayor
PAMELA STOKER
City Clerk
EXHIBIT A
RESOLUTION NO. 95-125
CONDITIONS OF APPROVAL
VESTING PARCEL MAP 91-288
GENERAL
(1) 1.1 The proposed project shall substantially conform with the
submitted plans for the project date stamped September 7,
1995 (DR 95-036) and December 4, 1995 on file with the
Community Development Department, as herein modified, or
as modified by the Director of the Community Development
Department in accordance with this Exhibit. The Director
of Community Development may also approve subsequent
minor modifications to plans during plan check if such
modifications are to be consistent with provisions of the
Tustin City Code.
(1) 1.Z Unless otherwise specified, the conditions contained in
this Exhibit shall be complied with prior to the issuance
of any building permits for'the project subject to review
and approval by the Community Development Department.
(1) 1.3 Modification of Exhibit "B" of Resolution 92-68 of
Vesting Parcel Map 91-288 as approved by Resolution 95-
125 shall become null and void unless building permits
for the garage addition as authorized by Design Review
95-036 are issued within twelve (12) months of the date
of this Exhibit.
(1) 1.4 Approval of Modification of Exhibit "B" of Condition 2.3
of Resolution 92-68 of Vesting Parcel Map 91-288 as
approved by Resolution 95-125 is contingent upon the
applicant signing and returning an "Agreement to
Conditions Imposed" form as established by the Director
of Community Development.
(1) 1.5 The applicant shall hold and defend the City of Tustin
harmless for all claims and liabilities arising out of
the City's approval of the entitlement prOcess for this
projeCt.
*** 1.6 With exception of Condition 2.3, all other conditions of
Vesting Parcel Map 91-288 and Design Review 95-036 remain
unchanged.
SOURCE CODES
(1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT
(2) ENV MITIGATION (6) LANDSCAPING GUIDELINES
(3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY
(4) DESIGN REVIEW *** EXCEPTION
Exhibit A
Resolution 95-125
VPM 91-288
Page 2
PLAN SUBMITTAL
*** 2.1 Any public improvements damaged by the applicant adjacent
to this property shall be repaired and/or replaced as
determined by the Engineering Division and shall include,
but not be limited to, curb and gutter, street paving and
drive apron.
(1) 2.2 Ail construction shall be.in accordance with the 1991
Uniform Building Code (UBC) and applicable City Codes.
**** 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 Revised Exhibit A approved by the City
Council on December 4, 1995, 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 prior to
the issuance of building permits.
FEES
(1) 3.1 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) to enable the City to file with the County
Clerk, the appropriate environmental documentation
pursuant to the California Environmental Quality Act. 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.
R~ GARAGV for' Mr. and Mrs. -)hn Connelly
andscaping
h'oposed RV garage
1
Connelly
:i:~ Residence
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.~~'~ ,SITE P LAN
Architecture . Planning - Engineering
12821 Newport Avenue - Yustin · California 92680
714/731-6033- 714/731-6371
EXHIBIT A